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04-07-2014 Toting Order Councilman Emter Mayor Thomas Councilwoman Power Councilwoman Bennington Councilman Ignasiak AGENDA CITY COUNCIL OF EDGEWATER REGULAR MEETING APRIL 7, 2014 6:00 P.M. COUNCIL CHAMBERS We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION 2. APPROVAL OF MINUTES a. Special Meeting—February 3, 2014 b. Regular Meeting—February 3, 2014 c. Special Meeting—February 11, 2014 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS a. Mayor Thomas to proclaim April as Water Conservation Month. b. Mayor Thomas to issue proclamation observing April as Safe Digging Month. c. Award certificates to Drop Savers Poster Contest winners d. James Halleran of James Moore & Company to present the FY 2013 Comprehensive Annual Financial Report. 4. CITIZEN COMMENTS This is the time for the public to come forward with any comments they may have. Citizen comments relating to any agenda matter may be made at the time the matter is before Council. Please state your name and address, and please limit your comments to three (3) minutes or less. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA 6. CITY COUNCIL REPORTS 7. CONSENT AGENDA All matters listed under the consent agenda are considered to be routine by the City Council and will be acted upon by one motion. There will be no separate discussion of these items unless discussion is desired by a member of the Council, in which case the Mayor will remove that item from the consent agenda and such item will be considered separately. a. Authorization for the City Manager to execute the Continuing Professional General Engineering Services to Kimley-Horn and Associates. 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a. 2nd Reading — Ordinance No. 2014-0-06: Fisherman's Cove Builders, LLC, requesting annexation of 23.92± acres of land located east of US Highway 1, between Douglas Street and East Ariel Road. (This item was continued from the March 3, 2014 meetin-) b. 1St Reading— Ordinance No. 2014-0-10: Amending Article 10 (Health, Sanitation, Property Maintenance and Code Enforcement) of the Code of Ordinances. City Council Agenda April 7,2014 Page-2- c. 1St Reading- Ordinance No. 2014-0-12: Amending the Comprehensive Plan to include the Capital Improvements Element (CIE) and the accompanying Capital Improvements Program (CIP). d. 2nd Reading - Ordinance No. 2014-0-08: Jay and Sheila Gawthrop requesting an amendment to the Comprehensive Plan Future Land Use Map to include .31± acres of land located at 2401 Swordfish Lane as Low Density Residential. e. 2nd Reading - Ordinance No. 2014-0-09: Jay and Sheila Gawthrop requesting an amendment to the Official Zoning Map to include .31± acres of land located at 2401 Swordfish Lane as R-2 (Single Family Residential) f. 2nd Reading- Ordinance No. 2014-0-11: Calling a Referendum to be held on November 4, 2014 General Election on the question of Economic Development Ad Valorem Tax exemptions. g. Resolution No. 2014-R-07: Approval of the Local Agency Program (LAP) Agreement between the City and the Florida Department of Transportation to facilitate construction of the SR 5 (US 1) Sidewalk project from Volco Road to the northern city limits of Edgewater (IO'h Street) and authorization for the Mayor to execute said agreement. 9. BOARD APPOINTMENTS a. Library Board- Councilwoman Bennington's appointment due to the expiring term of Larry Middleton. (This item was continued from the March 3, 2014 meetin'-) b. Citizen Code Enforcement Board - Councilman Emter's appointment due to the expired term of Glenn Barnhill, who is seeking reappointment. 10. OTHER BUSINESS a. Authorization for the City to enter into an agreement with the Southeast Volusia Humane Society and authorization for the Mayor to execute said agreement. b. Review of the countywide joint-funding of a Strategic Action Plan to Reduce Homelessness in Volusia County and authorization of the $2,097 contribution towards the plan. c. Authorization for the Mayor to accept the SAFER Grant No. EMW-2013-FF-00550. 11. OFFICER REPORTS a. City Clerk b. City Attorney c. City Manager i. Discussion regarding Mr. And Mrs. Rogers of 510 S. Riverside Dr. concerns 12. CITIZEN COMMENTS 13. ADJOURN Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or provide such record. In accordance with the Americans with Disabilities Act,persons needing assistance to participate in any of these proceedings should contact City Clerk Bonnie Wenzel, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386-424-2400 x 1101, 5 days prior to the meeting date. Ifyou are hearing or voice impaired,contact the relay operator at 1-800-955-8771. j City of IED G E WATER Ii. rottatnatton ode. ,,,,to Art. WHEREAS,water is a basic and essential need of every living creature; and WHEREAS,the State of Florida, Water Management Districts, and the City of Edgewater are working together to increase awareness about the importance of water conservation; and WHEREAS,the City of Edgewater and the State of Florida have designated April,typically a dry month when water demands are most acute, as Florida's Water Conservation Month,to edu- cate citizens about how they can help save Florida's precious water resources; and WHEREAS,the City of Edgewater has always encouraged and supported water conserva- tion through various educational programs and special events; and WHEREAS, every business, industry, school and citizen can make a difference when it comes to conserving water; and WHEREAS, every business, industry, school and citizen can help by saving water and thus promote a healthy economy and community. NOW, THEREFORE,I, Michael L. Thomas, Mayor of the City of Edgewater, do hereby proclaim April 2014 as WATER CONSERVATION MONTH in the City of Edgewater, Florida and call upon each citizen and business to help protect our pre- cious resource by practicing water saving measures and becoming more aware of the need to save water. 3n :.a itnefiss Wbereof /km 4edwarto at art Ord and coed t. Ogeat Sea/ If ti4 Clto/Edvatcpto6& arrcd - Done at the Edgewater City Hall in the � '` , County of Volusia STATE OF FLORIDA this 25th day of February in the Year of #�_ _ our Lord two thousand and fourteei : s--00.— , -. y ` 1.-- -,_ .. . .. ...,„6. -,,,z_ ,,,:fik- .4.1;,:z--4.-‘jr: ' - ' Mt, v1,0 M Kor Aiii\J , ,..4CM, • `% Clerk —. City of 1ED G Inc. ATER If 1I rortamatton t,44 /' WHEREAS, each year, Florida's vital underground utility infrastructure is jeopardized by unintentional damage by those who fail to call 811 to have underground lines located prior to dig- ging; and WHEREAS, undesired consequences such as utility service interruption, damage to the environment,personal injury and even death are the potential results of failing to locate underground lines before digging; and WHEREAS, Sunshine 811 and its 943 members promote the national call-before-you- dig number, 811, in an effort to prevent these damages; and WHEREAS, designated by the FCC in 2005, 811 provides excavators and homeowners a simple,toll-free number to call and request utility line locations at the intended dig site; and WHEREAS,through education on safe digging practices, excavators and homeowners can save time and money and prevent serious injury to themselves and others by calling 811 before be- ginning any digging project; waiting two full business days for locate marks; verifying the utility re- sponses;protecting the marks so they remain visible throughout the project; and finally, digging with care around the marks; and WHEREAS, all parties agree that safe digging is a shared responsibility. NOW,THEREFORE, I, Mayor Michael Thomas, do hereby extend greetings and best wishes to all observing April 2014 as SAFE DIGGING MONTH 3in 1. Ijereof /km iedvairto at Art hart erci oeudd t4 Orcat seal t4 Ci o/td a&t, ie ahfiivi Done at the Edgewater City Hall in the County of Volusia STATE OF FLORIDA this 10th day of March in the Year of our Lo I two thousan• : • fo• -en ■ -tip- , -- _ Atte = Mayo Clerk '7c AGENDA REQUEST C.A. #2014- RFQ 13-GS-006—GES-KHA Date: March 19, 2014 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT April 7,2014 BUSINESS ITEM DESCRIPTION: Authorization to execute contract for Continuing Professional General Engineering Services. BACKGROUND: The City broadcast a Request for Qualifications for Continuing Professional Engineering Services (C.C.N.A.) on July 9, 2013. At the regular meeting on September 23, 2013, City Council authorized the City Manager to negotiate contracts with CPH, Inc., Kimley- Horn and Assoicates, and Quentin L.Hampton Associates for Professional General Engineering Services. The contracts for CPH,Inc. and Quentin L. Hampton Associates were authorized to execute on December 2,2013. STAFF RECOMMENDATION: Staff recommends that City Council authorize the City Manager to execute contracts for Continuing Professional General Engineering Services to Kimley-Horn and Associates. ACTION REQUESTED: Motion to authorize the City Manager to execute contracts for Continuing Professional General Engineering Services to Kimley-Horn and Associates. FINANCIAL IMPACT: $ (Finance Director) Line Item: (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: YES NO X If so,DATE: AGENDA ITEM# Respectfully submitted, Concurrence: �.�OF �` J an C. McKinney Robin L. Matusick nce Director Paralegal Trace '4,. Barlow City anager PROFESSIONAL SERVICES AGREEMENT ENGINEERING SERVICES KIMLEY-HORN AND ASSOCIATES, INC. This Agreement is made and entered into this day of , 2013, by and between the CITY OF EDGEWATER, FLORIDA, a municipal corporation (hereinafter referred to as "City"), 104 North Riverside Drive, P. O. Box 100, Edgewater, Florida 32132-0100 and KIMLEY- HORN AND ASSOCIATES, INC., (hereinafter referred to as "Engineer"), 3660 Maguire Boulevard, Suite 200, Orlando, FL 32803. PREMISES WHEREAS, the City wishes to employ a professional engineering firm to assist the City relating to various engineering projects/assignments, and, WHEREAS, the City desires to employ the Engineer in connection therewith upon terms and conditions hereinafter set forth, and the Engineer is desirous of obtaining such employment and has represented that it is qualified and competent to perform such services, and, WHEREAS, in July 2013, the City advertised for "Requests for Qualifications" from qualified engineering firms; and WHEREAS, during the City Council meetings on September 23, 2013 and October 7, 2013, Council authorized selection of five (5) engineering firms for continuing professional services in accordance with the "Consultants' Competitive Negotiation Act" (CCNA) pursuant to §287.055, Florida Statutes (2013); and WHEREAS, this Agreement shall constitute a "continuing contract" as defined under the laws of the State of Florida. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter set forth, City and Engineer agree as follows: 1. SCOPE OF PROFESSIONAL SERVICES The Engineer agrees that it shall diligently and timely perform professional services as requested by the City. Engineer understands that the City may request these professional services on an as-needed basis and that the requested services may require preparation and bidding assistance with general civil engineering design and specification; surveying, mapping and plat review/certification; master stormwater and master water/sewer/reclaimed system planning; master infrastructure planning (stormwater, water, sewer, reclaimed); stormwater, utility (water, sewer and reclaimed) and refuse rate analysis; construction phase services; roadway design and permitting; review of engineering plans (subdivision, site plans, and capital projects) including construction phase services as provided by (Agreement/Engineer-Kimley-Horn-2014) PAGE 1 OF 14 others; assistance with comprehensive plan amendments, concurrency requirements and capital improvement elements; building permits and plans examination services; capital projects. Upon request for professional services by the City for a specific project, the Engineer shall provide the City with a Scope of Work and detailed itemization of costs and time required to perform those tasks as outlined in the Scope. Upon approval by the City, the Scope of Work, costs and time relating to the Project will be specifically set out and incorporated into a Purchasing Agreement to be issued under and become a part of this Agreement. This Agreement standing alone does not authorize the performance of any Work or require the City to place any orders for Work. The City reserves the right to contract with other parties for professional services within the scope of this Agreement when it is determined to be in the best interests of the City to do so. The Engineer or his/her designee as approved by the City, agrees to perform the functions of their office in a competent and professional manner. The Engineer shall maintain an adequate and competent staff of professionals and may associate with other qualified firms for the purpose of rendering services hereunder, without cost to the City, and upon approval by the City. The Engineer, however, shall not sublet, assign, or transfer any Work under this Agreement without the written consent of the City. 2. TIME FOR COMPLETION The services to be rendered by the Engineer shall be commenced, upon receipt of the Notice to Proceed and Purchasing Agreement to be issued hereunder, and shall be completed within the time specified therein. In the event the Engineer is unable to complete the services within the time specified because of delays resulting from untimely review and approval by the City, City shall grant a reasonable extension of time for completion of Work upon timely written request for same which shall be given by Engineer to the City no later than 48 hours after such occurrence. In the event there are delays on the part of the City or regulatory agencies as to the approval of any work product submitted by the Engineer, which might delay the project's scheduled completion date, the City shall grant to the Engineer in writing an extension of the Contract time equal to the aforementioned delays. The City shall be solely responsible for determination of whether any extension of the time for performance should be awarded to the Engineer. 3. AUTHORIZATION FOR SERVICES Authorization for performance of professional services by the Engineer shall be in the form of Purchasing Agreements issued by the City. Each Purchasing Agreement shall describe the Project, the services required, and shall establish the method of payment and time frame. 4. COMPENSATION AND METHOD OF PAYMENT (Agreement/Engineer-Kimley-Horn-2014) PAGE 2 OF 14 A. Upon satisfactory completion of the Work required under the appropriate Purchasing Agreement issued hereunder or any Change Orders thereto, and, upon acceptance of the Work by the City, the Engineer may invoice the full final amount of compensation provided for under the terms of the Purchasing Agreement less amounts already paid by the City. All invoices, whether partial or final billing, shall be accompanied by appropriate documentation of work accomplished to date. Upon approval of such payment request submitted by the Engineer, City agrees that it will make its best efforts to pay the Engineer within thirty (30) days of receipt of such invoice. If construction management is involved, final payment to the Engineer shall be made by the City within sixty (60) calendar days of City's acceptance of the fully executed Certificate of Contract Completion for the Construction Contract and submittal of appropriate documentation and invoicing. B. At the end of each month the Engineer may submit an invoice for services rendered during that month relating to the Project outlined in the appropriate Purchasing Agreement. At no time shall the invoices exceed the total amounts negotiated for each task as outlined in the Scope of Services/Purchasing Agreement regardless of actual hours worked toward completion of the authorized services. C. The City may perform, or cause to have performed, an audit of the records of the Engineer after final payment to support final payment under any Purchasing Agreement issued hereunder. This audit shall be performed at a time mutually agreeable to the Engineer and the City subsequent to the close of the final fiscal period in which the last Work is performed. Total compensation to the Engineer may be determined subsequent to an audit as provided for in this Section, and the total compensation so determined shall be used to calculate final payment to the Engineer. Conduct of this audit shall not delay final payment as required by Paragraph A of this Section. D. In addition to the above, if federal, state or county funds are used for any Work under this Agreement, the Comptroller General of the United States or of the State of Florida or of the County of Volusia, or any representatives, shall have access to any books, documents, papers, and records of the Engineer which are directly pertinent to Work performed under this Agreement for purposes of making audit, examination, excerpts and transcriptions. The stipulations contained in any federal, state or county grant pertaining to Engineer will be adhered to by the Engineer. Copies of such grants shall be furnished to Engineer. E. The Engineer agrees to maintain all books, documents, papers, accounting records and other evidences pertaining to Work performed under this Agreement in such a manner as will readily conform to the terms of this Agreement and to make such materials available at all reasonable times during the Agreement period and for three (3) years from the date of final payment under the contract for audit or inspection as previously provided. Accounting books or records must be maintained for each Purchasing Agreement. (Agreement/Engineer-Kimley-Horn-2014) PAGE 3 OF 14 Incomplete or incorrect entries in such books and records may be grounds for disallowance by the City of amounts due based upon such entries. F. In the event any audit or inspection conducted reveals any overpayment by the City under the terms of the Agreement, Engineer shall refund such overpayment to the City within thirty (30) days of notice by the City. 5. CHANGES IN SCOPE OF WORK City or Engineer may request changes that would increase, decrease, or otherwise modify the Scope of Work to be provided under a particular Purchasing Agreement or this Agreement. Such changes and method of compensation must be agreed upon in writing by written Change Order to the Purchasing Agreement or this Agreement prior to any deviation from the terms of the Purchasing Agreement or the Contract, including the initiation of any extra Work. Such changes, shall not bind the City unless executed with the same formality as the respective Purchasing Agreement or this Agreement. Written Change Orders shall be in form and content acceptable to the City. 6. SUBCONSULTANTS/SEPARATE CONSULTANTS: If the Engineer desires to employ Subconsultants in connection with the performance of its Services hereunder: A. Any proposed Subconsultants shall be submitted to the City for written approval prior to Engineer entering into a Subconsultant Agreement. B. Engineer shall coordinate the services and work product of any Subconsultants, and remain fully responsible under the terms of this Agreement. Engineer shall be and remain responsible for professional quality preparation and bidding assistance with general civil engineering design and specification; surveying, mapping and plat review/certification; master stormwater and master water/sewer/reclaimed system planning; master infrastructure planning (stormwater, water, sewer, reclaimed); stormwater, utility (water, sewer and reclaimed) and refuse rate analysis; construction phase services; roadway design and permitting; review of engineering plans (subdivision, site plans, and capital projects) including construction phase services as provided by others; assistance with comprehensive plan amendments, concurrency requirements and capital improvement elements; building permits and plans examination services; capital projects. C. Any Subconsultant Agreement shall be in writing and shall reflect the terms of this Agreement and require the Subconsultant to assume performance of Engineer's duties commensurately with Engineer's duties to City under this Agreement, it being understood that nothing contained herein shall in any way relieve the Engineer from any of its duties under this Agreement. Engineer shall provide the City with copies of all Subconsultant (Agreement/Engineer-Kimley-Horn-2014) PAGE 4 OF 14 Agreements upon request of the City. D. Engineer shall cooperate at all times with the City and its other planning consultants or design professionals, and cooperate and coordinate with, and incorporate the Work product of, any separate Engineer/Consultant, planning consultant or design professional retained by the City, in any fashion appropriate or necessary to a Project within the Project Budget and Schedule. 7. RESPONSIBILITY OF THE CITY City shall furnish the Engineer with all existing data, plans, maps, and other planning information available and useful in connection with a proposed project on file with the City which shall be returned to the City upon the completion of the services to be performed by the Engineer, unless such data, plans, maps, and other planning information are necessary for daily operations; then such information shall be promptly reproduced or copied by the Engineer and returned to the City. 8. RESPONSIBILITY OF THE ENGINEER A. Engineer shall be responsible for professional quality relating to preparation and bidding assistance with general civil engineering design and specification; surveying, mapping and plat review/certification; master stormwater and master water/sewer/reclaimed system planning; master infrastructure planning (stormwater, water, sewer, reclaimed); stormwater, utility (water, sewer and reclaimed) and refuse rate analysis; construction phase services; roadway design and permitting; review of engineering plans (subdivision, site plans, and capital projects) including construction phase services as provided by others; assistance with comprehensive plan amendments, concurrency requirements and capital improvement elements; building permits and plans examination services; capital projects. Engineer shall, without additional compensation, correct or revise any errors or deficiencies in the planning, designing and re-development or other services produced pursuant to this Agreement. B. Neither the City's review, approval or acceptance of, nor payment for, any of the services required shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and the Engineer shall be and remain liable to the City in accordance with applicable law for all damages to the City caused by the Engineer's errors, omissions, misconduct or negligent performance of any of the services furnished under this Agreement. C. In the event that arbitration or litigation becomes necessary for any reason with regard to the terms of this Agreement, the prevailing party shall be due the cost and expense of this action including, but not limited to, court or arbitration costs, interest and reasonable attorney's fees. (Agreement/Engineer-Kimley-Horn-2014) PAGE 5 OF 14 D. The rights and remedies of the City, provided for under this Agreement, are in addition to any other rights and remedies provided by law. 9. REPRESENTATIVE OF CITY AND ENGINEER: A. It is recognized that questions in the day-to-day conduct of performance pursuant to this Agreement will arise. The City hereby designates the representative identified under "NOTICES" as the employee to whom all communications pertaining to the day-to-day performance of the Agreement shall be addressed. The designated representative shall have the authority, as the City's coordinator for this Agreement, to transmit instructions, receive information, and interpret and define the City's policy and decisions pertinent to the work covered by this Agreement. B. Engineer shall, at all times during the normal work week, designate or appoint one or more representatives who are authorized to act on behalf of the Engineer regarding all matters involving the conduct of the performance pursuant to this Agreement and shall keep the City continually advised of such designation in writing. C. For purposes of this Agreement only, the designated Engineer representative is: Fred Burkett, P.E. Kimley-Horn and Associates, Inc. 3660 Maguire Boulevard, Suite 200 Orlando, FL 32803 (407) 898-1511 (561) 863-8175 FAX 10. NON-EXCLUSIVE CONTRACT: The City reserves the right at its sole discretion to enter into the contracts with other engineers to provide similar services as those identified herein. 11. TERM OF THE CONTRACT: The term of this Agreement shall be for three (3) years from the date first written above. The City, with the mutual agreement of the Engineer may elect to renew the contract for three (3) additional terms of one (1) year each. Engineer shall perform all services authorized during any renewal period in accordance with the terms and conditions herein. 12. TERMINATION: A. The City may, by written notice to the Engineer, terminate this Agreement or any Purchasing Agreement issued hereunder, in whole or in part, at any time, either for the (Agreement/Engineer-Kimley-Horn-2014) PAGE 6 OF 14 City's convenience or because of the failure of the Engineer to fulfill his Agreement obligations. Upon receipt of such notice, the Engineer shall: (1) Immediately discontinue all services affected (unless the notice directs otherwise); and (2) Deliver to the City all data, plans, maps, reports, schedules, summaries, and such other information and materials as may have been accumulated by the Engineer in performing this Agreement, whether completed or in process. B. If the termination is for the convenience of the City, the Engineer shall be paid full compensation for services performed to the date of termination. C. If the termination is due to the failure of the Engineer to fulfill the Agreement obligations, the City may take over the work and prosecute the same to completion by Agreement or otherwise. In such case, the Engineer shall be liable to the City for reasonable additional costs occasioned to the City thereby including, but not limited to, all damages arising from Engineer's breach and all attorney's fees and expenses incurred as a result of any action or proceeding, litigation or arbitration, if applicable, arising therefrom. D. If, after notice of termination for failure to fulfill Agreement obligations, it is determined that the Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, adjustment in the Agreement price shall be made as provided in Paragraph B of this Section and such adjustment in Agreement price shall be deemed to be the sole remedy of the Engineer. E. The City reserves the right to cancel and terminate this Agreement, without penalty, in the event that the Engineer or any employee, servant, or agent of the Engineer is indicted or has any direct information issued against him for any crime arising out of or in conjunction with any work being performed by the Engineer for or on behalf of the City. It is understood and agreed that in the event of such termination, the Engineer shall be compensated for services rendered under this Agreement up to the time of termination in accordance with this Paragraph. The City also reserves the right to terminate and cancel this Agreement in the event that the Engineer shall be placed in either voluntary or involuntary bankruptcy or an assignment be made for the benefit of Engineer's creditors. F. The rights and remedies of the City provided in this clause are in addition to any other rights and remedies provided by law or under this Agreement. G. The Engineer shall have the right to terminate for failure of the City to fulfill its Agreement obligations and all other rights and remedies otherwise available to Engineer under law. (Agreement/Engineer-Kimley-Horn-2014) PAGE 7 OF 14 13. INDEMNIFICATION OF CITY: A. To the fullest extent permitted by law, the Engineer shall indemnify and hold harmless the City and its employees, from and against damages, losses, and expenses, including but not limited to reasonable attorney's fees and other reasonable legal costs such as those for paralegal, investigative, and legal support services, and the actual costs incurred for each witness testimony, arising out of or resulting from the performance of services required under this Agreement, provided that same is caused by the error, omission, negligent act, or misconduct of the Engineer, its agents, servants, employees, or Subconsultants. In accordance with Florida Statutes, Chapter 725, adequate consideration has been provided to the Engineer for this obligation, the receipt and sufficiency of which is hereby specifically acknowledged. Nothing herein shall be deemed to affect the rights, privileges, and immunities of the City as set forth in Section 768.28, Florida Statutes. In claims against any person or entity indemnified under this section by an employee of the Engineer or Subconsultants, anyone directly or indirectly employed by them or anyone for whose acts they may be legally liable, the indemnification obligation under this section shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Engineer or its agents or Subconsultants, under Workers' Compensation acts, disability benefit acts, or other employee benefit acts. B. The execution of this Agreement by the Engineer shall obligate the Engineer to comply with the foregoing indemnification provision; however, the collateral obligation of insuring this indemnity must be complied with as set forth below. C. 14. INSURANCE: A. Engineer shall provide, pay for, and maintain in force at all times during the services to be performed, such insurance, including Workers' Compensation insurance, Commercial General Liability insurance, Automobile Liability insurance, and Errors and Omissions or Professional Malpractice insurance as will assure to the City, the protection contained in the foregoing Indemnification undertaken by Engineer. Such policy or policies shall be issued by companies authorized to do business in the State of Florida, and having agents upon whom service of process may be made in Florida. Engineer shall specifically protect the City by naming the City as an additional insured (when applicable) under the policies hereinafter described. (1) Errors and Omissions or Professional Malpractice Insurance: The limits of liability provided by such policy shall be no less than ONE MILLION AND (Agreement/Engineer-Kimley-Horn-2014) PAGE 8 OF 14 NO/100 DOLLARS ($1,000,000.00) per occurrence to insure and hold harmless the City under the indemnification specified in Section 13. (2) Commercial General Liability Insurance (Occurrence Form): The limits of liability provided by such policy shall be no less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00) single limit per occurrence to insure and hold harmless the City pursuant to the indemnification specified in Section 13, for which Engineer is not insured under the terms of its Professional Malpractice Insurance above specified in Section 14(a). Such insurance coverage shall be patterned after the current I.S.O. form with no limiting endorsements and cover bodily injury and property damage. (3) Worker's Compensation Insurance: statutory limits of Chapter 440, Florida Statutes, and all federal government statutory limits and requirements. (4) Automobile Liability Insurance: FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) each occurrence, owned/non-owned/hired automobile included. (5) Engineer shall provide to City a Certificate of Insurance required by this Section showing that the City has been named as an additional insured under such policies, or, in the alternative, a certificate evidencing that the required additional endorsement has been obtained under such policies. Such policies shall be provided by an insurer acceptable to the City and the deductible amounts of such policies shall also be subject to acceptance by the City. (6) Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that at least thirty (30) days prior to expiration, cancellation, non-renewal or any material change in coverages or limits, a notice thereof shall be given to the City by certified mail to: Legal Department, P. O. Box 100, Edgewater, Florida 32132-0100. Engineer shall also notify City, in a like manner, within twenty-four (24) hours after receipt of any notices of expiration, cancellation, non-renewal or material change in coverage received by said Engineer from its insurer; and nothing contained herein shall absolve Engineer of this requirement to provide notice. (b) The City of Edgewater shall be endorsed to the required Comprehensive General Liability policy or policies as an additional named insured. (c) The insurance requirements shall remain in effect throughout the term of this Agreement. (Agreement/Engineer-Kimley-Horn-2014) PAGE 9 OF 14 B. Said insurance shall be evidenced by delivery to the City of a certificate of insurance executed by the insurers listing coverage and limits, expiration dates and terms of policies and all endorsements whether or not required by the City, and listing all carriers issuing said policies. C. OTHER: City will require the Engineer to provide workers' compensation and commercial general liability insurance, including completed operations and contractual liability, with the latter coverage sufficient to insure the Engineer's indemnity, as above required; and such insurance shall include City, Engineer, their consultants, and each of their directors, officers, agents and employees as additional insureds. The insurance afforded to these additional insureds shall be primary insurance. If the additional insureds have other insurance, which might be applicable to any loss, the amount of the insurance provided under this article shall not be reduced or prorated by the existence of such other insurance. 15. OWNERSHIP OF DOCUMENTS: It is understood and agreed that all documents, including detailed reports, plans, original maps and all other data, prepared or obtained by the Engineer in connection with its services hereunder shall become the property of the City. The Engineer shall not be liable for any use by the City of said documents or data if modified in any manner without written approval of the Engineer. 16. REUSE OF DOCUMENTS: A. Wherever and whenever applicable, all data, documents including maps furnished by Engineer pursuant to this Agreement may be reused by the City for future projects. B. Should the City determine that significant benefits would accrue from such reuse, Purchasing Agreement(s) will be negotiated on that basis. C. City shall have the right to reuse the data, documents and maps and contract with other parties, not the Engineer. Such reuse will be without need of written approval of the Engineer, however, Engineer shall not be held professionally responsible for any such reuse. City shall indemnify and hold Engineer harmless for any and all damages resulting from such reuse. D. If the City elects to reuse the documents and engage the professional services of the Engineer for future work, Engineer agrees to perform said services for a mutually agreed upon discounted fixed fee to be negotiated under such Change Order for additional Work. If issuance of any Purchasing Agreement for future work shall require that a "Clerk-of- the-Works" be employed pursuant to the Scope of Work, compensation for his/her (Agreement/Engineer-Kimley-Horn-2014) PAGE 10 OF 14 services shall be negotiated as part of that Purchasing Agreement. If any modifications are required to adapt the documents, compensation for such work shall be negotiated. 17. NOTICES: All notices or other communications required or permitted hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to City: With Copy to: Legal Department City Manager City of Edgewater City of Edgewater P. O. Box 100 P. O. Box 100 104 North Riverside Drive 104 North Riverside Drive Edgewater, Florida 32132-0100 Edgewater, Florida 32132-0100 (386) 424-2403 (386) 424-2404 If to Engineer: Fred Burkett, P.E. Kimley-Horn and Associates, Inc. 3660 Maguire Boulevard, Suite 200 Orlando, Florida 32803 (407) 898-1511 18. EQUAL OPPORTUNITY EMPLOYMENT: Engineer agrees that it will not discriminate against any employee or applicant for employment for Work under this Agreement because of race, color, religion, sex, age or national origin and will take affirmative steps to insure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age or national origin. This provision shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment, advertising; layoff or termination; rates of pay or their forms of compensation; and selection for training, including apprenticeship. 19. NO CONTINGENT FEES: Engineer warrants that it has not employed or retained any company or persons, other than a bona fide employee working solely for the Engineer to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Engineer, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate the Agreement without liability, and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount for such fee, (Agreement/Engineer-Kimley-Horn-2014) PAGE 11 OF 14 commission,percentage, gift or consideration. 20. COMPLIANCE WITH § 287.133, FLORIDA STATUTES: Engineer shall, simultaneous with the execution of this Agreement, if not previously done, execute a public entity crime statement required by §287.133, Florida Statutes. 21. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: The Engineer shall comply with all Federal, State and Local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex or national origin in the performance of work under this Agreement. 22. CONFLICT OF INTEREST: Engineer agrees that at the time of the execution of this Agreement it has no employment or agreement, oral or written, with any third party relating to any interests which are in conflict with or otherwise inconsistent with any interest or position of the City of Edgewater. Further, Engineer shall not accept during the term of this Agreement any retainer or employment from a third party whose interests appear to be conflicting or inconsistent with those of the City of Edgewater. Notwithstanding the foregoing, Engineer may accept employment or retainers from third parties whose interests appear conflicting or inconsistent with those of the City of Edgewater if, after full written disclosure of the facts to the City of Edgewater, the City of Edgewater determines that the apparent conflict shall not interfere with the performance of the work within the Scope of Work by the Engineer. 23. ASSIGNMENT: This Agreement, or any interest herein, shall not be assigned, transferred, or otherwise encumbered, under any circumstances, by the parties hereto without prior written consent of the opposite party and only by a document of equal dignity herewith. However, this Agreement shall run to the Edgewater City Government and its successors. 24. ALL PRIOR AGREEMENTS SUPERSEDED: A. This Agreement incorporates and includes all prior negotiations, correspondence, conservation, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. B. It is further agreed that no modifications, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written (Agreement/Engineer-Kimley-Horn-2014) PAGE 12 OF 14 document executed with the same formality and of equal dignity herewith. 25. INDULGENCE NOT WAIVER: The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or any provision of this Agreement either at the time the breach or failure occurs or at any time throughout the term of this Agreement. 26. INDEPENDENT CONTRACTOR: It is hereby mutually agreed that the Engineer is and shall remain an independent contractor and not an employee of the City. 27. NO THIRD-PARTY BENEFICIARIES: The Agreements contained herein are for the sole benefit of the parties hereto and their successors and permitted assigns and no other party shall have the right to enforce any provision of this Agreement or to rely upon the provisions of this Agreement. 28. INTERPRETATION; VENUE: In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Seventh Judicial Circuit for Volusia County, Florida, for claims under state law and the Middle District of Florida for any claims which are justiciable in federal court. 29. ATTORNEY'S FEES: If the City is required to institute or defend any legal proceedings in connection with this Agreement, the Engineer agrees to pay the costs thereof, together with reasonable attorney's fees for the City's attorney in the event such legal proceedings are terminated in favor of the City (AgreementlEngineer-Kimley-Horn-2014) PAGE 13 OF 14 IN WITNESS WHEREOF, the parties have hereto caused the execution of these documents, the year and date first written above. WITNESSES: CITY OF EDGEWATER, FLORIDA By: Tracey T. Barlow City Manager Dated: Robin L. Matusick Legal Assistant/Paralegal WITNESSES: KIMLEY-HORN AND ASSOCIATES, INC. Fred Burkett, P.E. Dated: (Agreement/Engineer-Kimley-Horn-2014) PAGE 14 OF 14 AGENDA REQUEST Date: April 4,2014 PUBLIC HEARING RESOLUTION April 7, 2014 ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: Resolution 2014-R-06 A Resolution initiating the process of negotiating an Interlocal Service Z:' Boundary Agreement with the County of Volusia BACKGROUND: The attached Resolution is initiating resolution in accordance with Chapter 171 of Florida Statutes whereas the City is expressing their desire to negotiate and enter into an Interlocal Service Boundary Agreement (ISBA) with the County of Volusia for the area as identified on the attached map. The area identified is essentially synonymous with the majority of the Chapter 180 Utility Service Area that was previously adopted in the Comprehensive Plan. As referenced in the legislative intent, the goal of the negotiations and subsequent Interlocal Service Boundary Agreement is so the governmental entities within and adjacent to the referenced area may determine how to provide services to residents and property in the most efficient and effective manner while balancing the needs and desires of the community. It is also desired that such initiative will encourage prevention of intergovernmental conflicts and litigation between local governments. Such successful agreement can promote sensible boundaries that will reduce the costs of governments to provide such services, avoid duplicating services and increase political transparency and accountability. A consideration of such agreement was initially discussed with the County Manager in late 2013 with a favorable response. It was again referenced in a letter dated February 28, 2014 from the Director of Planning and Development Services for the County of Volusia. The City Manager also had a brief discussion with the Deputy County Manager on March 19, 2014 with a favorable interest. STAFF RECOMMENDATION: Staff's recommendation for approval of Resolution 2014-R-06 ACTION REQUESTED: Motion to adopt Resolution 2014-R-06 FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO X If so, DATE: N/A AGENDA ITEM 4 Respectfully submitte Concurrence: .9,A TraceyT.'-Barlow Robin L. Matusick City Nfanager Paralegal RESOLUTION NO. 2014-R-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, PURSUANT TO CHAPTER 171, PART H, FLORIDA STATUTES, THE INTERLOCAL SERVICE BOUNDARY AGREEMENT ACT, INITIATING THE PROCESS PROVIDED FOR THEREUNDER FOR THE PURPOSE OF ADDRESSING THE ISSUES MORE PARTICULARLY SET FORTH THEREIN; PROVIDING FOR TRANSMISSION; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Part II, Chapter 171, Florida Statutes, entitled the "Interlocal Service Boundary Agreement Act (Act) provides an alternative to Part I of said Chapter for local governments regarding the annexation of territory into a municipality and the subtraction of territory from the unincorporated areas of the county; and WHEREAS, the Act further intends to establish a more flexible process for adjusting municipal boundaries and to address a wider range of the affects of annexations; and WHEREAS, the overriding goal of the process set forth within the Act is to promote sensible boundaries that reduce the cost of local government and increase the level of service of residents within the boundary of unincorporated Volusia County; and WHEREAS, the boundary area as shown in Exhibit "A" is generally surrounded on the south and west by unincorporated portions of the City of Edgewater and on the north by incorporated areas of the City of New Smyrna Beach; and WHEREAS, the City of Edgewater pursuant to this interlocal service boundary agreement with the County of Volusia wishes to fill in its municipal boundaries; and WHEREAS, the boundary generally outlined by our established Utility Service Area as adopted in our Comprehensive Plan contains lands that serve a substantially important economic development interest to the residents of Volusia County and the City of Edgewater and consistent planning and development rules and procedures are vital to the process; and 1 (Resolution#2014-R-06) WHEREAS, it is the intent of the City Council of the City of Edgewater to initiate discussions with Volusia County regarding the development of an interlocal service boundary agreement for lands shown in Exhibit"A"to address the above-referenced concerns. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater, Florida: Section 1. That the City of Edgewater hereby invites Volusia County to enter into negotiations under the act to address issues concerning planning and annexation for the areas identified in Exhibit"A". Section 2. That the City of Edgewater hereby identifies the issues to be negotiated as follows: A. The process, definitions, schedule and criteria for voluntary and referendum annexations in the municipal service area in replacement or modification of the requirements of Chapter 171, Part 1, Florida Statutes (2012). B. The establishment of municipal services areas, as defined in §171.292(11)(a), Fla. Stat. for which the City may plan for an annex, which consists of planning areas in the area as shown in Exhibit"A". C. The establishment of a process for land use decisions consistent with Part II of Chapter 163, Florida Statutes, for lands in the municipal service area. Such land use decisions shall include preparation and adoption of comprehensive plan issuance of development orders. D. The incorporation of mutually agreed upon extraterritorial powers to be exercised by the city within unincorporated areas a as shown in Exhibit "A". These powers may be in addition to other municipal powers that otherwise exist in the City. Section 3. All conflicting purchasing policies are superseded by this policy. Section 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed. 2 (Resolution#2014-R-06) Section 5. This resolution shall take effect upon adoption. After motion by and second by , the vote on this resolution was as follows: AYE NAY Mayor Michael Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter PASSED AND DULY ADOPTED this day of March, 2014. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA By: Bonnie A. Wenzel Michael Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this day legality by: Aaron R. Wolfe, Esquire of April, 2014 under Agenda Item No. 8 City Attorney Doran, Sims, Wolfe, Kundid, Ciocchetti & Wagner 3 (Resolution#2011-R-06) a© 4Q N G 0 w 0 0 0 0 w -- w ° w w = W m 7 A � A C =J ZL � s AGENDA REQUEST C.A. #2014-AN-1308 Date: March 26, 2014 PUBLIC HEARING April 7, 2014 RESOLUTION ORDINANCE X BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 2nd Reading Ordinance No. 2014-0-06 Fisherman's Cove Builders, LLC, applicant requesting annexation of 23.92± acres of property located east of U.S. Highway 1 between Douglas Street and E. Ariel Road OWNER: Fisherman's Cove Builders, LLC APPLICANT/AGENT: Fisherman's Cove Builders, LLC REQUESTED ACTION: Annexation PROPOSED USE: Single-family residential development LOCATION: East of U.S. Highway 1 between Douglas St. and E. Ariel Road AREA: 23.92± acres CURRENT LAND USE: Vacant FLUM DESIGNATION: Volusia County Urban Medium Intensity/ Commercial ZONING DISTRICT: Volusia County RPUD (Residential Planned Unit Development) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Single Family Residence Volusia County Urban Volusia County MH-5W & Mobile Home Medium Intensity (Urban Mobile Home) East Indian River Indian River Indian River South Single Family Residence Volusia County Urban Volusia County MH-5W & Mobile Home Medium Intensity (Urban Mobile Home) West Vacant Volusia County Volusia County B-4 Commercial (General Commercial) Background: The subject properties are part of a Planned Unit Development that was approved for 63 single-family dwelling units. Infrastructure has been installed but no houses have been built. Land Use Compatibility: The proposed single-family residential use is compatible with the adjacent properties. Adequate Public Facilities: This site has access to U.S. Highway 1. Water and sewer services are currently available. Other Matters: A Comprehensive Plan Future Land Use Map and Official Zoning Map amendment shall occur at a later date. City Council approved first reading of the Ordinance by a vote of 5-0 on February 3, 2014. STAFF RECOMMENDATION Staff recommends approval of Ordinance 2014-0-06, annexation of 23.92± acres of property located east of U.S. Highway 1 between Douglas Street and E. Ariel Road. ACTION REQUESTED: Motion to approve Ordinance 2014-0-06. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: YES X NO If so, DATE: February 3, 2014 AGENDA ITEM # 8f Respe idly subm' ed, Concurrence: I I ii,. 1,1 h ./. r ,, —Tlf■ Darren ear , Robin L. Matusick Development Services Director Paralegal 44 - _ /_ Tracey P.'Barlow City i onager ORDINANCE NO. 2014-0-06 AN ORDINANCE ANNEXING 23.92± ACRES OF CERTAIN REAL PROPERTY LOCATED EAST OF U.S. HIGHWAY 1 BETWEEN DOUGLAS STREET AND EAST ARIEL ROAD, VOLUSIA COUNTY, INTO THE CITY OF EDGEWATER, FLORIDA; SUBJECT TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE MUNICIPALITY; AMENDING THE DESCRIPTION OF THE CITY OF EDGEWATER CORPORATE LIMITS; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT, VOLUSIA COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER AND THE DEPARTMENT OF STATE; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Fisherman's Cove Builders, LLC have applied for annexation of property located east of US Highway 1 between Douglas Street and E. Ariel Road, within Volusia County, Florida. Subject property contains approximately 23.92 + acres. 2. The owners/applicants have voluntarily petitioned (applied) the City of Edgewater for annexation pursuant to Section 171.044, Florida Statutes. 3. The property is contiguous to the City's boundaries and the conditions for annexation and the economics thereof are satisfactory. 4. The boundaries of Voting District 4 of the City of Edgewater are hereby designated to include the property described herein. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: 1 Strike through passages are deleted. Underlined passages are added. #2014-0-06 PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF EDGEWATER, FLORIDA. 1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida, and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality. 2. The boundaries of the City of Edgewater are hereby redefined to include the property described herein and depicted in the map identified as Exhibit "B". 3. Pursuant to Section 2.01 of the Charter of the City of Edgewater, Florida, that certain document entitled "Description of City of Edgewater Corporate Limits" shall be amended accordingly. 4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia County Manager, the Mapping Division of the Volusia County Growth Management Department, and the Department of State. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or 2 Strike through passages are deleted. Underlined passages are added. #2014-0-06 circumstance. PART D. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Volusia County, Florida. PART E. EFFECTIVE DATE. This ordinance shall take effect upon adoption. PART F. ADOPTION. After Motion to approve by Councilwoman Power with Second by Councilwoman Bennington, the vote on the first reading of this ordinance held on February 3, 2014, was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Christine Power X Councilwoman Gigi Bennington X Councilman Mike Ignasiak X Councilman Gene Emter X 3 Strike-thfetth passages are deleted. Underlined passages are added. #2014-0-06 After Motion to approve by with Second by , the vote on the second reading/public hearing of this ordinance held on was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter PASSED AND DULY ADOPTED this day of 2014. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this day of legality by: Aaron R. Wolfe, Esquire 2014 under Agenda Item No. 8 . City Attorney Doran, Sims, Wolfe & Kundid 4 Strike gh passages are deleted. Underlined passages are added. #2014-0-06 EXHIBIT "A" LEGAL DESCRIPTION A portion of U.S. Government Lot 2, Section 30, Township 18 South, Range 35 East and a Portion of Lots 3, 7 and 11 Assessor's Subdivision of the C.E. McHardy Grant as recorded in Map Book 3, Page 152 of the Public Records of Volusia County, Florida. Being more particularly described as follows: Commencing at the Southeast Corner of U.S. Government Lot 2, Said point also being the Southwest Corner of Lot 3. Assessor's Subdivision of the C.E. McHardy Grant Map Book 3, Page 152 , run along the westerly line of said Lot 3 of the C.E. McHardy Grant North 19 degrees, 28 minutes 46 seconds west, a distance of 200 feet to the point of beginning; thence north 19 degrees 28 minutes 46 seconds west, along said westerly line, a distance of 88.00 feet; thence south 89 degrees 14 minutes 12 seconds west, a distance of 125.95 feet; to an intersection with the easterly right of way line of U.S.. Highway No. 1 (a 158 foot right of way) thence north 18 degrees 34 minutes 41 seconds west along said easterly right of way a distance of 143.25 feet; thence north 89 degrees 14 minutes 12 seconds east, departing said easterly right of way line. a distance of 123.57 feet; to an intersection with the westerly line of said lot 3 of the C.E. Mchardy grant, thence north 19 degrees 28 minutes 46 seconds west, along said westerly line. a distance of 168.07 feet; thence north 68 degrees 39 minutes 12 seconds east, departing said westerly line, a distance of 2547.82 feet; thence south 16 degrees 50 minutes 50 seconds east. a distance of 9.94 feet, thence south 77 degrees 30 minutes 47 seconds east, a distance of 8.73 feet; thence south 24 degrees 41 minutes 14 seconds east, a distance of 23.52 feet; thence south 24 degrees 13 minutes 10 seconds east, a distance of 67.16 feet; thence south 18 degrees 49 minutes 35 seconds east, a distance of 81.82 feet, thence south 04 degrees 44 minutes 31 seconds east, a distance of 46.09 feet; thence south 46 degrees 10 minutes 01 seconds east, a distance of 40.22 feet; thence south 25 degrees 47 minutes 32 seconds east, a distance of 61.11 feet; thence south 22 degrees 18 minutes 41 seconds east, a distance of 71.20 feet; thence south 68 degrees 39 minutes 12 seconds west, departing said westerly right of way line. a distance of 2578.11 feet; to the point of beginning. Containing 23.92 acres more or less. 5 Str-ile4hr-engh passages are deleted. Underlined passages are added. #2014-0-06 EXHIBIT `B" 6 Strike through passages are deleted. Underlined passages are added. #2014-0-06 *41 U o g cn w i '( --1 ) >, ifilif t o_ ^L LL a) = w t ‘11/4110/ w--%, W V els 0111...°. 6410 ----- s, 0 4.1 * . ,. .40_• •♦ i .♦ ♦ -el\ * 'S 44 0 4 ONO 0 V° *".i $e-- t*% *.,f■ '4d. *#%\*'■,,- ' . .7% 4** \ 4* ti, ;Irk. la- W VA A. iti ir..,„i 00 17-....-...:,, ir,---\,„,_ le* at V... 000 ,,,,, itiv v, VA, la liti,Ili .1-- tii W'a litik, 19-- viotmo til. 00 10. ,r„0".. 1. .' '... IS* ■447.-- ■re *** 4*--:-• t . -, 15,0 tiotiovw 0. `a►i:` l '.* ■ 00 I • *Ala 0 ribei.nR ... 1. I a: City of Oak + 234 South U.S. Hwy. 1 U y Oak Hill, Florida 32759 Phone 386-345-3522 Fax: 386-345-1834 February 26, 2014 The Honorable Michael L. Thomas 104 N. Riverside Drive Edgewater, Ft_ 32132 RE: Annexation Ordinance No.2014-0-06 Dear Mayor Thomas, It is with regret that the City of Oak Hill must object to the annexation of the property commonly referred to as Fisherman's Cove and specifically described in the City of Edgewater Ordinance No. 20140-06 The City of Oak Hill does understand that this proposed annexation is voluntary; however, in accordance with Chapter 171.044(1)Voluntary Annexation(Florida Statutes)even with a voluntary petition the property must be reasonably compact and contiguous to a part of the boundary of the city, While the said property and the road named Fishermans Cove Drive are coterminous with a part of the boundary of the City of Oak Hill, it is not reasonably compact nor contiguous with any part of the boundary of the City of Edgewater since road rights-of-way(in this case, US1/SR5)do not establish contiguity as defined in Chapter 171.031 (11)(Florida Statutes). The City of Oak Hill has, I believe,established a positive working relationship with the City of Edgewater through various interlocal agreements and contracts. We support sound urban development; we are, however, seeking the uniform standards set by state statutes to be utilized byall municipalities. Asa City interested in growth, in the,past we have also attempted to annex properties without contiguity and were challenged by the City of Edgewater and by the County of Volusia. We understand the frustration of these objections. It is not the City of Oak Hill's intent to harm in any way our chances for future cooperative pursuits with the City of Edgewater. Please include this letter in the March 3, 2014 Public Hearing on Ordinance No. 2014-0-06 Sincerely, Douglas A. Gibson, Mayor Cc: The Oak Hill City Commission Kohn Evans, Oak Hill City Clerk/Administrator Scott Simpson, Esq.Oak Hill City Attorney Tracey Barlow, Edgewater City Manager Edgewater City Attorney Bonnie Wenzel, Edgewater City Clerk Mary Anne Connors,Volusia County Deputy County Manager Daniel Eckert, Esq. County Attorney x Volusia FLORIDA Growth and Resource Management Planning and Development Services February 28, 2014 Mr. Darren Lear, AICP, Director of Development Services City of Edgewater 104 North Riverside Drive Edgewater, Florida 32132 Dear Darren, Re: Letter on Fisherman Cove Annexation This office is in receipt of the annexation request dated February 10, 2014, on the above-referenced property. The proposed voluntary annexation of Fisherman's Cove subdivision is prohibited under Florida Statutes Chapter 171.044(1) and 171.044(5). The connection to Edgewater's municipal boundary through a long finger-like extension along the US 1 right-of-way to Fisherman's Cove subdivision does not the meet the definitions of contiguity or reasonably compact development under the statute (see attached map). The proposed annexation creates a pocket of enclaves between the City of Edgewater, the unincorporated area of Volusia County and Oak Hill. While this voluntary annexation of Fisherman's Cove does not meet the requirements of state law, the State Legislature has created Part II of Chapter 171, which creates an Interlocal Service Boundary Agreement (ISBA), that allows for non-contiguous annexations and a solution to enclave issues. The comprehensive nature of these agreements avoid confusion over service delivery issues as well. The ISBA may be the best way for the City and County to work together within the area. Please feel free to contact me at(386) 736-5959, ext. 12736 to further discuss this option. Sifr , aim M. Panton Director, Planning and Development Services f 123 West Indiana Avenue,Room 202 Deland,FL 32720-4604 386-736-5959 • 386-239-7776 • 386-423.3367 www.volusio.org W124 AGENDA REQUEST Memo #2014-031 Date: March 24, 2014 PUBLIC HEARING April 7, 2014 RESOLUTION ORDINANCE April 7, 2014 BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: Ordinance #2014-0-10 - Amending Chapter 10 (Health, Sanitation, Property Maintenance & Code Enforcement) of the Code of Ordinances BACKGROUND: Chapter 10 (Health, Sanitation, Property Maintenance and Code Enforcement) of the Code of Ordinances has not been modified since 2009 (Ordinance#2009-0-03). The modifications included herein will incorporate changes, scriveners errors and bring consistency with other rules/regulations of the City. STAFF RECOMMENDATION: Staff recommends that City Council approve Ordinance#2014-0-10. ACTION REQUESTED: Motion to approve Ordinance #2014-0-10. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO X If so, DATE: N/A AGENDA ITEM# Respectfully submitted, Concurrence: i AL: ��- Tracey . Bar ow Robin L. Matusick City anager Paralegal Steve Cousins Fire Chief ORDINANCE NO. 2014-0-10 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 10 (HEALTH, SANITATION, PROPERTY MAINTENANCE AND CODE ENFORCEMENT) IN ITS ENTIRETY; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: WHEREAS, Chapter 10 (Health, Sanitation, Property Maintenance and Code Enforcement) has not been modified since 2009 (Ordinance #2009-0-03). WHEREAS, amending Chapter 10 (Health, Sanitation, Property Maintenance and Code Enforcement) will incorporate changes, scriveners errors and bring consistency with other rules/regulations of the City. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. AMENDING CHAPTER 10 (HEALTH, SANITATION, PROPERTY MAINTENANCE AND CODE ENFORCEMENT) IN ITS ENTIRETY OF THE CODE OF ORDINANCES FOR THE CITY OF EDGEWATER, FLORIDA. Amend Chapter 10 (Health, Sanitation, Property Maintenance and Code Enforcement) in its entirety of the City of Edgewater Code of Ordinances, Edgewater, Florida as set forth in Exhibit "A" which is attached hereto and incorporated herein. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof, in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void by a court of competent jurisdiction, such holding shall not affect the 1 Strike-through passages are deleted. Underlined passages are added. #2014-0-10 remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances by a court of competent jurisdiction, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. PART E. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART F. ADOPTION. After Motion to approve by , with Second by with the vote on the first reading of this ordinance held on , 2014 as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter 2 Strike44eugh passages are deleted. Underlined passages are added. #2014-0-10 After Motion to approve by with Second by , the vote on second reading/public hearing of this ordinance held on , 2014 was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Michael Ignasiak Councilman Gene Emter PASSED AND DULY ADOPTED this day of , 2014. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this day legality by: Aaron R. Wolfe, Esquire of , 2014 under Agenda Item No. City Attorney 8 . Doran, Sims, Wolfe, Kundid, Ciocchetti & Wagner 3 Strike4Iffeugh passages are deleted. Underlined passages are added. #2014-0-10 Exhibit"A" 4 Stfike41ffeugh passages are deleted. Underlined passages are added. #2014-0-10 CHAPTER 10 HEALTH, SANITATION, PROPERTY MAINTENANCE AND CODE ENFORCEMENT Article I. In General Sec. 10-1. Title. Sec. 10-2. Scope. Sec. 10-3. Intent. Sec. 10-4. .. ., - _ -- . . Definitions. Sec. 10-5. Required connection to city water supply systems. Nuisances generally. Sec. 10-6. Abandoned airtight containers. Sec. 10-7. Public nuisance and criminal gang activity adopted. Secs. 10-P- 10- 19. Reserved. Article II. Noise Sec. 10-20. Definitions. Sec. 10-21. Policy. Sec. 10-22. General restrictions. Sec. 10-23. Specific noises prohibited. Sec. 10-24. Classification of use occupancy. Sec. 10-25. Measurement standards. Sec. 10-26. Waivers for cultural events. Sec. 10-27. Enforcement. Sec. 10-28. Penalties. Sec. 10-29- 10-39. Reserved. Article III. Cleanliness and Sanitation of Premises Sec. 10-40. Littering-Public property and waterways. Sec. 10-41. Same-Property of another. Sec. 10-42. Same-Declaration of illegality and nuisance. Sec. 10-43. Inspection to determine prohibited conditions. Sec. 10-44- 10-79. Reserved. Article IV. Prohibited Uses Sec. 10-80. Outdoor storage-Residential. Sec. 10-81. Vehicle sales; storage on vacant lots; public right-of-way. Sec. 10-82. Commercial vehicles in residential areas. Sec. 10-83. Neglected premises. Sec. 10-84. Parking on drainage or maintenance easements or public rights-of-way. Sec. 10-85. Portable outdoor storage units-Residential Zoning. Sec. 10-86. Portable outdoor storage units-Commercial Zoning. Secs. 10 85 10-87- 18-89. Reserved. Article V. Sewage Disposal Sec. 10-90. Sanitary disposal methods-Required generally. Sec. 10-91. Same-Rented premises. (Ordinances/Chapter 10) Secs. 10-92- 10-95. Reserved. Article VI. Weeds, Grass and Brush; Standards for Property Maintenance Sec. 10-96. Purpose and intent. Sec. 10-97. Definitions. Reserved. Sec. 10-98. Property maintenance-Duty of the owner. Sec. 10-99. Excessive growth prohibited. Secs. 10-100- 10-105. Reserved. Article VII. Rubbish and Garbage Sec. 10-106. Accumulation of rubbish or garbage. Sec. 10-107. Disposal of rubbish or garbage. Sec. 10-108. Approved containers. Sec. 10-109. Burning or burying garbage, other refuse. Secs. 10-110 - 10-111. Reserved. Article VIII. Vehicles Sec. 10-112. Scope. Sec. 10-113. Inoperable, abandoned, and/or wrecked vehicles. Sec. 10-114. Same-Restoration and permits-For residential properties. Sec. 10-115. Parking in residential areas. Secs. 10-116- 10-119. Reserved. Article IX. Watercraft, Watercraft Trailers,Motor Homes, Trailers,Recreational Vehicle Trailers and Campers Sec. 10-120. Scope. Sec. 10-121. Same-Storage/parking. Sec. 10-122- 10-125.Reserved. Article X. Inspections Sec. 10-126. Existing building inspections. Sec. 10-127. Manufacturers and fabricators. Sec. 10-128. Inspection service. Sec. 10-129. After-hours inspections. Sec. 10-130. Site debris. Sec. 10-131. Tent permits. Secs. 10-132- 10-135. Reserved. Article XI. Unsafe or Unsanitary Buildings Sec. 10-136. Authority to condemn. Sec. 10-137. Periodic inspection of buildings; notice of condemnation; hearing. Sec. 10-138. Uninhabitable, dilapidated,unsafe or unsanitary buildings or structures. Sec. 10-139. Order of condemnation; repair or removal. Sec. 10-140. Demolition by city; municipal special assessment lien. 2 (Ordinances/Chapter 10) Sec. 10-141. Emergency powers. Secs. 10-142- 10-145. Reserved. Article XII. Applicability Sec. 10-146. General. Sec. 10-147. Maintenance. Sec. 10-148. Application of other codes. Sec. 10-149. Existing remedies. Sec. 10-150. Workmanship. Sec. 10-151. Historic buildings. Sec. 10-152. Referenced codes and standards. Sec. 10-153. Requirements not covered by code. Secs. 10-154- 10-157. Reserved. Article XIII. Duties and Powers of the Code Official Sec. 10-158. General. Sec. 10-159. Authority. Sec. 10-160. Inspections. Sec. 10-161. Right of entry. Sec. 10-162. Identification. Sec. 10-163. Notices and orders. Sec. 10-164. Department records. Secs. 10-165 - 10-167. Reserved. Article XIV. Unsafe Structures and Equipment Sec. 10-168. General. Sec. 10-169. Unsafe structures. Sec. 10-170. Unsafe equipment. Sec. 10-171. Structure unfit for human occupancy. Sec. 10-172. Unlawful structure. Sec. 10-173. Prohibited occupancy. Sec. 10-174. Vacant or uninhabited structures. Sec. 10-175. Occupied or inhabited structures. Sec. 10-176. Existing opening protective. Secs. 10-177 - 10-178. Reserved. Article XV. Emergency Measures Sec. 10-179. Imminent danger. Sec. 10-180. Temporary safeguards. Sec. 10-181. Closing streets. Sec. 10-182. Emergency repairs. Sec. 10-183. Costs of emergency repairs. Sec. 10-184. Hearing. Secs. 10-185 - 10-189. Reserved. 3 (Ordinances/Chapter 10) Article XVI. Maintenance of Structures,Equipment and Exterior Property Sec. 10-190. Scope. Sec. 10-191. Interchangeability. Sec. 10-192. Reserved. Sec. 10-193. Terms defined in other codes. Sec. 10-194. Terms not defined. Sec. 10-195. Parts. Sec. 10-196. Definitions Reserved. Sec. 10-197. Responsibility. Sec. 10-198. Vacant structures and land. Secs. 10-199- 10-201. Reserved. Article XVII. Exterior Property Areas Sec. 10-202. Sanitation. Sec. 10-203. Grading and drainage. Sec. 10-204. Sidewalks and driveways. Sec. 10-205. Rodent harborage. Sec. 10-206. Exhaust vents. Sec. 10-207. Accessory structures. Sec. 10-208. Vehicles. Sec. 10-209. Defacement of property. Secs. 10-210- 10-213. Reserved. Article XVIII. _ •. •• • ' • . , _ . . . • . - . Reserved Sec. 10 211. Swimming Pools. Sec. 10 215. Enclosures. Secs. -I-0-24-6 10-214- 10-218. Reserved. Article XIX. Exterior Structure Sec. 10-219. General. Sec. 10-220. Protective treatment. Sec. 10-221. Structural members. Sec. 10-222. Foundation walls. Sec. 10-223. Exterior walls. Sec. 10-224. Roofs and drainage. Sec. 10-225. Decorative features. Sec. 10-226. Overhang extensions. Sec. 10-227. Stairways, decks, porches and balconies. Sec. 10-228. Chimneys and towers. Sec. 10-229. Handrails and guards. Sec. 10-230. Window, skylight and door frames. Sec. 10-231. Glazing. Sec. 10-232. Openable windows. Sec. 10-233. Insect screens. Sec. 10-234. Doors. Sec. 10-235. Basement hatchways. 4 (Ordinances/Chapter 10) Sec. 10-236. Guards for basement windows. Sec. 10-237. Building security. Sec. 10-238. Windows. Sec. 10-239. Temporary storm protection. Secs. 10-240 10-245. Reserved. Article XX. Interior Structure Sec. 10-246. General. Sec. 10-247. Structural members. Sec. 10-248. Interior surfaces. Sec. 10-249. Stairs and walking surfaces. Sec. 10-250. Handrails and guards. Sec. 10-251. Interior doors. Secs. 10-252- 10-255. Reserved. Article XXI. Extermination Sec. 10-256. Infestation. Sec. 10-247. Owner. Secs. 10-258- 10-260. Reserved. Article XXII. Light, Ventilation and Occupancy Limitations Sec. 10-261. Scope. Sec. 10-262. Responsibility. Sec. 10-263. Alternative devices. Sec. 10-264. Habitable spaces (light). Sec. 10-265. Common halls and stairways. Sec. 10-266. Other spaces. Sec. 10-267. Habitable spaces (ventilation). Sec. 10-268. Bathrooms and toilet rooms. Sec. 10-269. Cooking facilities. Sec. 10-270. Process ventilation. Sec. 10-271. Clothes dryer exhaust. Sec. 10-272. Privacy. Sec. 10-273. Minimum room widths. Sec. 10-274. Minimum ceiling heights. Sec. 10-275. Bedroom and living room requirements. Sec. 10-276. Room area. Sec. 10-277. Access from bedrooms. Sec. 10-278. Water closet accessibility. Sec. 10-279. Prohibited occupancy. Sec. 10-280. Other requirements. Sec. 10-281. Overcrowding. Sec. 10-282. Efficiency unit. Sec. 10-283. Food preparation. Secs. 10-284- 10-285. Reserved. 5 (Ordinances/Chapter 10) Article XXIII. Plumbing Facilities and Fixture Requirements Sec. 10-286. Scope. Sec. 10-287. Responsibility. Sec. 10-288. Dwelling units. Sec. 10-289. Rooming houses. Sec. 10-290. Hotels. Sec. 10-291. Employees' facilities. Sec. 10-292. Drinking facilities. Sec. 10-293. Privacy. Sec. 10-294. Location. Sec. 10-295. Location of employee toilet facilities. Sec. 10-296. Floor surface. Sec. 10-297. General (plumbing fixtures). Sec. 10-298. Fixture clearances. Sec. 10-299. Plumbing system hazards. Sec. 10-300. General (water system). Sec. 10-301. Contamination. Sec. 10-302. Supply. Sec. 10-303. Water heating facilities. Sec. 10-304. General. Sec. 10-305. Maintenance. Secs. 10-306- 10-308. Reserved. Article XXIV. Storm Drainage Sec. 10-309. General. Secs. 10-310 - 10-311. Reserved Article XXV. Mechanical and Electrical Requirements Sec. 10-312. Scope. Sec. 10-313. Responsibility. Sec. 10-314. Mechanical appliances. Sec. 10-315. Removal of combustion products. Sec. 10-316. Clearances. Sec. 10-317. Safety controls. Sec. 10-318. Combustion air. Sec. 10-319. Energy conservation devices. Sec. 10-320. Facilities required-electrical. Sec. 10-321. Service. Sec. 10-322. Electrical system hazards. Sec. 10-323. Installation-electrical equipment. Sec. 10-324. Receptacles. Sec. 10-325. Luminaries. Sec. 10-326. Elevators, escalators, and dumbwaiters. Sec. 10-327. Elevators. Sec. 10-328. Same-Duct systems. Secs. 10-329- 10-332. Reserved. 6 (Ordinances/Chapter 10) Article XXVI. Heating Facilities Sec. 10-333. Same—Heating facilities. Sec. 10-334. Residential occupancies. Sec. 10-335. Heat supply. Sec. 10-336. Occupiable work spaces. Sec. 10-337. Room temperature measurement. Secs. 10-338 — 10-340. Reserved. Article XXVII. Code Compliance Process Sec. 10-341. Intent. Sec. 10-342. Definitions, Reserved. Sec. 10-343. Code enforcement board ("CEB")/ Special magistrate. Sec. 10-344. Enforcement procedures. Sec. 10-345. Notice of violations; repeat violators; citations. Sec. 10-346. Conduct of hearing. Sec. 10-347. Administrative fines and liens. Sec. 10-348. Classification of violations and a schedule of civil fines, penalties and/or costs. Sec. 10-349. Notices. Sec. 10-350. Appeals. Article XXVIII. Property Maintenance Nuisance and Abatement Sec. 10-400. Property maintenance nuisance conditions; abatement; notice and hearing; lien for expenses. Sec. 10-401. Imminent health hazards on private property. Sec. 10-402. Alternate method of enforcement. Article XXVIV. Maintenance of Commercial Properties Sec. 10-500. Minimum standards. 7 (Ordinances/Chapter 10) ARTICLE I. IN GENERAL Sec. 10-1. Title. These regulation shall be known as the Property Maintenance Code of the City of Edgewater, hereinafter referred to as "this code." Sec. 10-2. Scope. The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. Sec. 10-3. Intent. This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare in so far as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. It is not the intent of the city to cause conflict with the controlling provisions of federal and state law and, to the extent of conflict, if any, such provisions shall prevail over the provisions of this code. Sec. 10-4. Definitions. The latest edition of Merriam-Webster's Collegiate Dictionary shall be used to define any words not defined in this chapter. The following words, terms and phrases when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Ambient noise. All-encompassing noise associated with a given environment, usually being a composite of sounds from many sources. Approved. Approved by the code official. Basement. That portion of a building which is partly or completely below grade. Bathroom. A room containing plumbing fixtures including a bathtub or shower. Bedroom. Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit. Brush. The undergrowth of plant species that by virtue of their arrangement, chemical composition and growth pattern provide a ready path for uncontrolled fire to spread. It shall mean herbaceous plants, plants and grasses with stems that wither away annually or shrubs with woody stems that live from year to year as distinguished from trees. Species included in this definition shall include, but are not limited to, saw palmetto, gallberry, fetterbush and wax myrtle. Condemn. To adjudge unfit for occupancy. 8 (Ordinances/Chapter 10) City attorney means the city attorney of the city. City means City of Edgewater, Florida and its authorized agents. Code means the Code of Ordinances, the Land Development Code and all other ordinances of the City of Edgewater. Code Enforcement Officer. Code Enforcement Supervisor, Code official(s), Edgewater Police Officer(s), Building Official, Building Inspector(s), Fire Chief, Fire Marshal, Fire safety inspector(s) and community service officers(s) or any employee or agent as designated in writing by the city manager who is charged with the administration and enforcement of this code. Cultural event. Any event drawing a large attendance for enlightenment or recreation purposes which in the sole determination of the city council, has or is likely to become a community event integrated into accepted social practices or traditions. (Does not include recurring events such as Bike Week and Biketoberfest.) Decibel. A unit in which the levels of various acoustical quantities (sound) are expressed. Dwelling unit. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Easement. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above a said lot or lots. Efficiency unit. A dwelling unit containing only one habitable room, sometimes referred to as a studio apartment. Emergency. Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action. Exterior property. The open space on the premises and on adjoining property under the control of owners or operators of such premises. Extermination. The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods. Garbage. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food. Guard. A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level. 9 (Ordinances/Chapter 10) Habitable space. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces. Housekeeping unit. A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower. Imminent danger. A condition which could cause serious or life-threatening injury or death at any time. Improved lot. Any lot to which improvements have been made, including but not limited to, change of grade through filling or excavation, installation of water or sewer line, clearing of property to begin construction or any other physical alteration which has significantly disturbed the natural vegetation on the property. Infestation. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests. Inoperable motor vehicle. A vehicle which cannot be driven upon the public streets for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair or incapable of being moved under its own power. Labeled. Devices, equipment, appliances or materials to which has been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and by whose label the manufacturer attests to compliance with applicable nationally recognized standards. Law enforcement officer shall mean any person who is elected, appointed or employed by a municipality or the state or any political subdivision thereof, who is vested with authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of penal, criminal,traffic or highway laws of the state. Let for occupancy or let. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is the legal owner of record or is authorized by said legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license or pursuant to a recorded or unrecorded agreement of contract for the sale of land. Natural area. Areas within larger improved lots where the natural vegetation has not been cleared or disturbed. Natural cover. Trees, brush, roots and other by products of land clearing activity. Noise. Any excessive sound which annoys or disturbs humans or causes or tends to cause an adverse psychological or physiological effect on humans. The term is synonymous with sound. 10 (Ordinances/Chapter 10) Noise nuisance. Continuous or repeated sound that interferes with the rights of others by causing damage, annoyance or inconvenience with noise that exceeds the limits set forth in table 1 of Section 10-20. Noise-sensitive zone. An area which contains a hospital, nursing home, school, court or other designated facility. Noise-sensitive zones are those zones created by the city council upon a finding that the subject area contains a land use which is sensitive to or subject to adverse reactions from noise. Occupancy. The purpose for which a building or portion thereof is utilized or occupied. Occupant. Any individual living or sleeping in a building or having possession of a space within a building. Openable area. That part of a window, skylight or door which is available for the unobstructed ventilation and which opens directly to the outdoors. Operator. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy. Owner. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. Person. Any individual, firm, partnership, corporation, company, association,joint-stock association or body politic, including, but not limited to, any trustee, receiver, committee, assignee or other similar representatives thereof. Plainly audible. Any sound that can be clearly heard by unimpaired auditory senses based on a direct line of sight of 50 feet or more, however words or phrases need not be discernable and said sound shall include bass reverberation. Premises. A lot, plot or parcel of land, easement or public way, including any structures thereon. Public way. Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use. Real property line. The property boundary that corresponds with the lot line and runs along the ground surface, and its vertical plane extension, which separates the real property owned, rented or leased by one person from that owned, rented or leased by another person, excluding intrabuilding real property divisions. Repeat violation means a violation of a provision of a code or ordinance by a person who has previously been found to have violated or who has admitted violating the same provision within five years prior to the violation, notwithstanding the violations occur at different locations. 11 (Ordinances/Chapter 10) Rooming house. A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling. Rooming unit. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. Rubbish. Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials. Sound. An oscillation in pressure, stress, particle displacement, particle velocity or other physical parameter, in a medium with internal forces. The description of sound may include any characteristic of such sound, including duration, intensity and frequency that is considered to be continuous, repeated noise. This term is synonymous with noise. Sound level. The weighted sound pressure level obtained by the use of a metering characteristic and weighting scale as specified by ANSI standards, if the weighting employees is not indicated, the A-weighting shall apply. Sound level meter. An instrument used to measure sound pressure levels when properly calibrated and is of type 2 or better as specified by ANSI standards. Sleeping unit. A room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units. Strict liability offense. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited or failed to do an act which the defendant was legally required to do. Structure. Anything constructed, erected, installed or portable which requires a location on a parcel of land. It includes a moveable structure while it is located on land which can be used for housing, business, commercial or industrial purposes whether temporary or permanent. Structure shall include, but not be limited to walls, billboards, swimming pools and decks, communication towers, on-site signs, tents, porches, fences, privacy screens, docks, arbor, gazebos, sheds and similar structures. Structure shall not include, pipes, pump stations and any other construction below ground level. Trash. All accumulation of grass, shrubbery or weed cuttings, pine needles and other refuse incident to the care of lawns, shrubbery, vines and gardens. The term "trash" shall not be taken to include trees, tree limbs, tree stumps, brush, used or broken appliances, furniture, bedding, building materials, lumber or other material of like nature. Tenant. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit. Toilet room. A room containing a water closet or urinal but not a bathtub or shower. 12 (Ordinances/Chapter 10) Unimproved lot. Any lot which remains undisturbed and in a natural vegetative state. • Vegetative fire hazard assessment. An assessment of an area to determine build-up along with vegetative fuel hazard classification and threats it may pose to real property. The assessment will be conducted utilizing the Volusia County Wildland/Urban Interface Wildfire Hazard Assessment Guide (dated 01/2000). Vegetative fire hazard. Trees, brush or other vegetation which by reason of their combustible nature during dry periods, their location or condition may cause loss, damage, or injury to persons or property by reason of fire. For example, brush on undeveloped lots - averaging over three feet tall within 30 feet of an existing structure and pine on undeveloped lots within 30 feet of an existing structure spaced in such a way that the average crown closure is more than 75 percent are considered fire hazards. Ventilation. The natural or mechanical process of supplying conditioned or unconditioned air to or removing such air from any space. Workmanlike. Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work. Yard. An open space on the same lot with a structure. Sec. 10-45. Nuisances generally. No person shall keep or permit to remain upon his premises, or upon any premises owned, used or controlled by him or her in any dwelling house, warehouse or other building, or upon any vacant lot, or in any yard or other place within the corporate limits of the city, any nuisance to the annoyance of those residing or being in the vicinity thereof, or any unwholesome, decayed or decaying animal or vegetable matter, or any other matter or thing detrimental to the health or comfort of residents to include, but not be limited to,the following conditions: (1) Junk, consisting of unsightly, worn-out or discarded material of little or no residual value including scrap metal, scrap lumber, wastepaper products, discarded building materials, or other debris, the accumulation of which has an adverse effect upon neighborhood or City property values, health, safety or general welfare; (2) Abandoned property, meaning any personal property including, but not limited to, motor vehicles, left in plain view under circumstances reasonably indicating that the possessor or owner thereof has relinquished any rights of ownership therein; (3) Wrecked motor vehicle, meaning any motor vehicle the condition of which is wrecked, dismantled, partially dismantled, incapable of operation by its own power on any public street, or from which the wheels, engine, transmission or other substantial part thereof is inoperable and/or removed. (54) Any garbage; rubbish; trash; refuse; cans; bottles; boxes; container; paper; tobacco products; tires; abandoned or inoperative appliances; mechanical equipment or parts; building or construction materials; tools; machinery; wood; vessels; aircraft; farm machinery or equipment; sludge from a waste treatment 13 (Ordinances/Chapter 10) facility, water supply treatment plant, or air pollution control facilities; or a substance in any form resulting from domestic, industrial, commercial, mining or agricultural operations; or dead or decaying plants (except for compost piles) or exotic animals of any kind; (65) Any building or structure, or part thereof, which is in a dilapidated, unsanitary or unsafe condition, or which constitutes a fire hazard; (76) Any building, structure, lot, place or location where any activity in violation of law is conducted,performed maintained or allowed; (87) Stagnant or insufficiently treated water, in a pool, pond or container of any kind, including water in which algae is allowed to grow or in which mosquitoes or other insects are able to be breed. (98) Animal excrement; (4-09) Inoperable or unlicensed motor vehicle; (104-) Furniture kept or stored outdoors where such furniture is of the kind and sort normally and customarily kept inside such as, for example, upholstered sofas, and where such furniture is not in actual use; (112) Any appliance kept or maintained outside in the open air and not under roof such as a garage or carport; (123) Certain state of being or situation located on property which: a. Injures or endangers the comfort,repose, health or safety of any person; or b. Offends decency; or c. Is offensive to the senses; or d. Interferes with, obstructs or renders dangerous for passage on any public or private street, alley, highway, right-of-way, easement, sidewalk, stream, ditch, channel or drainage of any property; or e. Renders other persons insecure in life or the use of property; or f. Interferes with the comfortable and quiet enjoyment of life or property; or g. Tends to or could depreciate the value of property of any persons; or h. The accumulation of garbage and trash in violation of section 10-106; or i. Any trash, litter, debris, garbage, bottles, paper, plastic, metals, cans, rags, offal, bricks, concrete, lumber, building materials, or dead or decaying plants, (except for compost piles) or animals of any kind; or j. Any condition which provides, or could provide, harborage for rats, mice, snakes, insects or other vermin; or k. Any noises or vibrations, including animal noises, which disturb the, peace of the surrounding area or are otherwise unlawful; or 1. Any foul, offensive or unlawful emissions, odors or stenches and the causes thereof; or m. The pollution of any well, body of water or drainage system by sewage, dead animals, industrial wastes, debris or other substances; or n. Dense smoke, noxious or lethal fumes, lethal gas, soot or cinders; or o. Any condition constituting a fire hazard; or p. Blocking or damaging of drainage inlets, pipes, ditches, swales, channels, culverts or streams; or q_ Any dead, damaged or diseased tree, located within 35 feet of any public roadway, public or private sidewalk that is adjacent to a public roadway, or any developed property when the tree has been declared a hazard by a code enforcement officer or an arborist; or r. Any public nuisance known as common law or in equity jurisprudence as set forth in Chapter 823, Public Nuisances, of the Florida Statutes. 14 (Ordinances/Chapter 10) . • ! . . . . - . • The owner, tenant or occupant of each lot or parcel of land within the city which abuts distribution line of the water distribution system of the city is net more than 200 feet from the placed or a building has been or will be constructed for residential, commercial or industrial use, system of the city, prior to occupancy of said trailer, mobile home or building. The owner, purposes and uses; for all other purposes the owner, tenant or occupant shall supply said trailer, mobile home or building exclusively from the water distribution system of the city. Sec. 10-6. Abandoned airtight containers. (a) It is unlawful for any person knowingly to abandon or discard or to permit to be abandoned or discarded on premises under his control any icebox, refrigerator, deep-freeze locker, clothes washer, clothes dryer, or similar airtight unit having an interior storage capacity of one and one-half cubic feet or more from which the door has not been removed. (b) The provisions of this section shall not apply to an icebox, refrigerator, deep- freeze locker, clothes washer, clothes dryer, or similar airtight unit which is crated or is securely locked from the outside or is in normal use on the premises of a home, or rental unit, or is held for sale or use in a place of business; provided, however, that "place of business" as used herein shall not be deemed to include a junkyard or other similar establishment dealing in secondhand merchandise for sale on an open unprotected premises. (c) It shall be unlawful for any retailer with unenclosed premises used for display of secondhand iceboxes, refrigerators, deep-freeze lockers, clothes washers, clothes dryers, or similar airtight units to fail to remove the doors on such secondhand units having an interior storage capacity of one and one-half cubic feet or more from which the door has not been removed. This Section will not apply to any dealer who has fenced and locked his premises. Sec. 10-7. Public nuisance and criminal gang activity adopted. (a) F.S. § 893.138 Local administrative action to abate drug-related, prostitution related, or stolen-property-related public nuisances and criminal gang activity, is hereby adopted, in its entirety, as if fully set forth herein, as part of the Code of Ordinance of the City. (b) The Citizens Code Enforcement Board or Special Magistrate as outlined in Sec. 10-343 shall act as the administrative board for the section. Secs. 10-7 8- 10-19. Reserved. ARTICLE II. NOISE Sec. 10-20. Definitions. The following words, terms and phrases when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Ambient noise. All-encompassing noise associated with a given environment, usually being a composite of sounds from many sources. Cultural event. Any event drawing a large attendance for enlightenment or recreation purposes which in the sole determination of the city council, has or is likely to become a 15 (Ordinances/Chapter 10) community event integrated into accepted social practices or traditions. (Does not include recurring events such as Bike Week and Biketoberfest.) Decibel. A unit in which the levels of various acoustical quantities (sound) are expressed. Emergency. Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action. Noise. Any excessive sound which annoys or disturbs humans or causes or tends to cause an adverse psychological or physiological effect on humans. The term is synonymous with sound. Noise nuisance. Continuous or repeated sound that interferes with the rights of others by causing damage, annoyance or inconvenience with noise that exceeds the limits set forth in table 1. Noise-sensitive zone. An area which contains a hospital, nursing home, school, court or other designated facility. Noise-sensitive zones are those zones created by the city council upon a finding that the subject area contains a land use which is sensitive to or subject to adverse reactions from noise. Person. Any individual, association, partnership or corporation, and includes any officer, employee, department, agency or instrumentality of the Unity States, state or any political subdivision thereof. Plainly audible. Any sound that can be clearly heard by unimpaired auditory senses based on a direct line of sight of 50 feet or more, however words or phrases need not be discernable and said sound shall include bass reverberation. Real property line. The property boundary that corresponds with the lot line and runs along the ground surface, and its vertical plane extension, which separates the real property owned, rented or leased by one person from that owned, rented or leased by another person, excluding intrabuilding real property divisions. Sound An oscillation in pressure, stress, particle displacement, particle velocity or other physical parameter, in a medium with internal forces. The description of sound may include any characteristic of such sound, including duration, intensity and frequency that is considered to be continuous, repeated noise. This terms is synonymous with noise. Sound level. The weighted sound pressure level obtained by the use of a metering characteristic and weighting scale as specified by ANSI standards, if the weighting employees is not indicated, the A-weighting shall apply. Sound level meter. An instrument used to measure sound pressure levels when properly calibrated and is of type 2 or better as specified by ANSI standards. Sec. 10-21. Policy. It shall be unlawful, except as expressly permitted herein, to cause a noise nuisance or to make, cause or allow the making of any noise or sound which exceeds the sound level limits (dbA) set forth in this article. Noise emanating from the subject property after the owner has or should have knowledge of the noise nuisance condition shall be deemed to continue with the permission of the property owner. Sec. 10-22. General restrictions. (a) No person shall operate or cause to be operated any source of sound from any subject parcel in such a manner as to create a noise nuisance or sound level which exceeds the limits set forth for the use occupancy in table 1, when measured at the property boundary of the subject property from which the sound emanates. 16 (Ordinances/Chapter 10) (b) Sound or noise emanating from one use occupancy category into another use occupancy category with a different noise level limit shall not exceed the limits of the use occupancy category into which the noise is projected. TABLE 1 NOISE RESTRICTIONS Use Occupancy Category Time Sound Level Limit (dbA) Residential 8:00 a.m. — 9:00 p.m. 60 9:00 p.m. — 8:00 a.m. 50 Commercial 7:00 a.m. — 10:00 p.m. 65 10:00 p.m. — 7:00 a.m. 0 Manufacturing Industrial All times 75 Noise-sensitive zone All times 50 Sec. 10-23. Specific noises prohibited. In addition to the maximum permissible sound level limits set out in table 1, and unless otherwise exempted by this article or by act of the city, the following specific acts, or the causing or permitting thereof, are hereby declared to be in violation of this Article: (1) Horns, signaling devices, and other similar devices. The sounding of any horn or signaling device on any automobile or other vehicle, except as a danger warning; the sounding of any signaling device for any unnecessary or unreasonable period of time as determined by a law enforcement or code enforcement compliance officer; and the unreasonable use of any signaling device. Noises of safety signals, warning devices, and chimes of churches are exempt as are train horns, in approach of a crossing or as notification of an emergency situation as well as noises resulting from any authorized emergency vehicle when responding to an emergency call or acting in time of emergency. (2) Loudspeakers, public address systems. Use or operation of any loudspeaker, public address system or similar device such that the sound there creates a noise disturbance within a noise sensitive zone or any other use occupancy in accordance with table 1. (3) Acceleration, turning or stopping of a motor vehicle. The intentional or repeated creation of a noise disturbance through the acceleration, turning or stopping of any motor vehicle. (4) Animals. Owning, possessing or harboring any animal which, frequently or for continued duration, howls, barks, meows, squawks or makes other sounds which create excessive and unnecessary noise across a residential or commercial real property line or within a noise sensitive zone. For the purposes of this article, "barking dog" is defined as a dog that barks, bays, cries, howls or makes any other noise continuously and/or incessantly for a period of ten minutes or barks intermittently for one-half hour or more to the disturbance of any person at any time of day or night. Provided, however, that a dog shall not be deemed a "barking dog" for the purposes of this article if, at any time the dog is barking or making other noise while a person is trespassing or threatening to trespass upon private property in or upon which the dog is situated or any other (5) Loading and unloading. Loading and unloading, opening, closing or other handling of boxes, crates, containers, equipment, building materials, garbage cans, dumpsters or similar objects between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and 7:00 p.m. and 8:00 a.m. on weekends or holidays within 150 feet of a residential property line or noise sensitive zone. (6) Construction or demolition. Operating or causing the operation of any tools used in construction, drilling, repair, alteration, or demolition work between the hours of 7:00 p.m. and 7:00 a.m. on weekdays, or between 6:00 p.m. and 10:00 a.m. on weekends or holidays within 17 (Ordinances/Chapter 10) 150 feet of any residential or noise sensitive zone, except for emergency work by public service utilities or by special permit approved by the city. This section shall not apply to the use of domestic power tools. (7) Domestic power tools. Operating or permitting the operation of any mechanically powered saw, drill, grinder, lawn or garden tools or similar tool between 10:00 p.m. and 7:00 a.m. on weekdays, or 10:00 p.m. and 8:00 a.m. on weekends and holidays, unless said equipment is operated inside a building or other structure so that the sound there from does not travel across any residential real property line or noise sensitive zone. All such equipment shall be properly muffled and maintained in working order so as not to create excessive or unnecessary noise. Sec. 10-24. Classification of use occupancy. For purposes of defining the use occupancy category the city's land development code shall describe residential, multifamily, industrial and commercial designations. All property containing permanent sleeping quarters, other than sleeping quarters in public lodging establishments, shall be considered residential use. All public-lodging facilities, as defined by F.S. §509.13(4), shall be considered commercial use. All premises containing businesses where sales, professional or other commercial activities are conducted shall be considered commercial use. All premises where manufacturing is legally permitted shall be considered manufacturing use. In case of multiple uses, the more restrictive use category shall prevail. Hospitals, nursing homes, schools, libraries and churches shall be considered uses within a noise sensitive zone. Sec. 10-25. Measurement standards. The following standards shall be used in the measurement of sound level limits of noise: (1) The measurement of sound or noise shall be made with a decibel or sound level meter operating on the A-weighting scale of any standard design and quality meeting the standards prescribed by the American National Standards Institute for a sound level meter. The instrument shall be maintained in good working order and calibrated prior to each use. Measurements recorded shall be taken so as to provide a proper representation of the noise source. The microphone used during measurement shall be positioned so as not to create any unnatural enhancement or diminution of the measured noise. A windscreen for the microphone shall be used when required. (2) The slow meter response of the sound level meter shall be used in order to best determine that the average sound has not exceeded the standards set forth in table 1. (3) The measurement shall be made at the property line on which such noise in generated or perceived, as appropriate, five feet above the ground. (4) In the case of an elevated or directional sound or noise source, compliance with the noise limits is to be maintained at any elevation at the boundary. Sec. 10-26. Waivers for cultural events. The sponsors of a cultural event, which will occur infrequently and which reasonably may not meet the noise standards and regulations provided above, may submit a request for waiver to the city council, along with proposed precautions and conditions. The sponsors shall also provide 15 days' written notice to affected property owners within 500 feet of the proposed event, including a description of the event and proposed conditions, the name and telephone number of a contact for more information, and the date and time when the matter will be considered by the city council. City staff shall review the proposal and comment on the reasonable expectations of compliance or noncompliance with the provisions of this article and the likely impacts to the surrounding community. The proposal, along with staff's comments, 18 (Ordinances/Chapter 10) shall be reviewed by the city council at an advertised public hearing. Any waiver granted will specify which provisions of this Article are waived, the times they are waived, and any additional conditions which apply. Sec. 10-27. Enforcement. Code enforcement and the police department shall have primary enforcement responsibility for article ii (Noise). If violations are enforced through code enforcement, the process will be held in accordance with article XXVII. Sec. 10-28. Penalties. (a) Criminal. Any person, organization or corporation violating the provisions of this article shall, upon conviction, be subject to the penalties provided in Section 1-8 of the Code of Ordinances of the City. Violation of this article is a second-degree misdemeanor. Violators may be given a"notice to appear" or in the appropriate circumstances a physical arrest may be made. (b) Cease-and-desist order. Upon determination by the police department that a source of noise is being conducted in violation with this article, the police department shall issue an order directing the operator thereof to cease and desist such operations until the violation is corrected. If an owner fails to comply with a valid, duly served cease-and-desist order, he shall be guilty of misdemeanor and punished heretofore provided. (c) Civil proceedings. Upon determination by the city manager or his designee that a source of noise is being conducted in violation of this article or a cease and desist order issued by the police department, in addition to other remedies provided by this article and in the laws of the state, the city manager or his designee may, upon authorization by the city council, institute any appropriate action or proceedings to restrain, correct or abate such violations or otherwise prevent the unlawful use of such noise operation or the unlawful operation of such facility by any person. Upon conviction of three violations of this article within a 12-month period, the noise creating equipment may be confiscated by the court until the offender can satisfy the court that he is prepared to and in fact will operate said equipment with limits of this article. Further violation shall result in the permanent confiscation by the court upon correction. Secs. 10-29— 10-39. Reserved. ARTICLE III. CLEANLINESS AND SANITATION OF PREMISES Sec. 10-40. Littering—Public property and waterways. (a) It shall be unlawful for any person to dump, throw, place or cast, or cause to be dumped, thrown, placed or cast any refuse, rubbish, litter, trash, junk, garbage, or other unwholesome matter or substance of any kind whatsoever on any street, avenue, road, highway, waterway or any public way or along the rights-of-way thereof, including city, county, state and federal roads and highways, and waterways, within the city, or in any public park, beach or other public grounds in the city. (b) It shall be unlawful for any person, directly or through an agent or employee to distribute or cause to be distributed, deposited, placed, thrown, cast, scattered, handed out or circulated any handbill, commercial advertisement or newspaper not subscribed on any unattended vehicle, known vacant property or property with the appearance of vacancy or with the accumulation of greater than two days of such material. (c) It is to be expressly understood that the prohibitions set forth in subsection (a) do not prohibit the orderly placing of refuse, litter, trash and garbage at street side for systematic collection by the city, but do specifically prohibit the indiscriminate and disorderly casting of wastes on city streets. 19 (Ordinances/Chapter 10) Sec. 10-41. Same—Property of another. It shall be unlawful for any person to place, sweep or scatter any trash, garbage, debris, or any unwholesome or unsanitary matter or substance, in or upon any vacant lot or improved property of another within the City. Sec. 10-42. Same—Declaration of illegality and nuisance. The allowing of debris, rubbish, garbage, trash, tin cans, papers, or other unsanitary accumulations on any lot,tract, or parcel of land in the city to the extent that it constitutes or may reasonably become a menace to life, property, health, the public welfare, or provide a nest and/or breeding ground for mosquitoes, rats, mice, other rodents, snakes and other types of pests and vermin shall be unlawful and hereby prohibited and declared to be a public nuisance. Sec. 10-43. Inspection to determine prohibited conditions. It shall be the duty of the code enforcement office(s) to make periodic inspections of the city for the purpose of determining whether debris, rubbish, garbage, trash, tin cans, papers or other unsanitary conditions have accumulated or occurred, on any lot, tract, or parcel of land within the city to the extent that it constitutes or may reasonably become a menace to life, property, health, the public welfare or provides a nest and/or breeding ground for mosquitoes, rats, mice, other rodents, snakes, and other types of pests and vermin. Sec. 10-44— 10-79. Reserved. ARTICLE IV. PROHIBITED USES Sec. 10-80. Outdoor storage—Residential. Open outdoor storage in residential districts or property where the primary use is residential is expressly prohibited when seen from the right-of-way, except those items listed in section 10-114. Sec. 10-81. Vehicle sales; storage on vacant lots; public right-of-way. The sale, lease, or offering for sale or lease, or storage of any vehicles, including but not limited to, cars, trucks, commercial vehicles, semi tractors, tractor trailers, watercraft, trailers, recreational vehicles, campers, and equipment shall be prohibited on all vacant lots and all public rights-of-way within the city. A limit of one vehicle may be displayed for sale on each residential district or property where the primary use is residential subject to the following: (1) The vehicle must not be in violation of Sec. 10-82, Sec. 10-113 and Sec. 10-115. (2) The vehicle must be registered to the owner or tenant of the residential property at which the vehicle has been placed for sale. (3) A sign not to exceed 200 square inches may be used to advertise the sale of the vehicle. (4) No vehicle or combination of vehicles shall be displayed for sale more than 2 times in a calendar year with a total duration of 30 days per occurrence. Sec. 10-82. Commercial vehicles in residential areas. For the purposes of this section, "commercial vehicle"means a vehicle or trailer designed, intended, or used for transportation of people, goods, or things as part of a business. 20 (Ordinances/Chapter 10) (a) It shall be unlawful for a commercial vehicle, commercial trailer, semi tractors, tractor trailers, step vans, cargo vans, box trucks, busses, or concession vehicles, with a greater than one-ton rated capacity to be parked on any property whose primary use is residential. (b) No more than one commercial vehicle with less than or equal to a one-ton rated capacity shall be permitted to park on any property whose primary use is residential. (c) A limit of one emergency vehicle or a commercial vehicle such as a tow truck, Florida Power& Light vehicle, gas company vehicle and Florida East Coast Railway vehicle that are subject for immediate recall to an emergency may be permitted on property whose primary use is residential subject to the following: (1) The vehicle must not be in violation of Sec. 10-115 and Sec. 10-5. Sec. 10-83. Neglected premises. (a) It shall be the duty of any person owning or controlling a house or other building or premises to maintain such premises in a reasonably clean and orderly manner and to a standard conforming to other orderly premises in that vicinity. It shall be a violation of this section to abandon, neglect, or disregard the condition or appearance of any premises. (b) Every exterior wall of every building shall be free of holes, breaks, loose or rotting boards, or timbers. All siding material shall be kept in repair. Roofs shall be structurally sound and maintained in a safe manner and have no defects. (c) All portions of existing buildings, both interior and exterior, shall be maintained in such a manner that structural strength, stability, sanitation, adequate light and indoor air quality, and safety to life and property from fire and other hazards are provided for public safety, health, and general welfare. Sec. 10-84. Parking on drainage or maintenance easements or public rights-of-way. It shall be unlawful to park or store any vehicle, boat, trailer, equipment or item(s) of any kind that cause an impediment/obstruction on city, county, or state maintained drainage easements or public rights-of-way, including lawn ornaments or any other objects not permitted by the city and/or other appropriate jurisdictional authority. Sec. 10-85. Portable outdoor storage units—Residential Zoning. Portable on demand storage type units such as PODS and CONEX containers or other similar type of units may only be placed on developed residentially zoned property for a time period not to exceed 30 days. Additional days may be approved by the Building Department when a permit has been issued for the repair of a structure or for new construction. Placing portable on demand type units on undeveloped property is prohibited. Sec. 10-86. Portable outdoor storage units—Commercial Zoning. Portable on demand storage type units such as PODS and CONEX containers and trailers or other similar type of units may only be placed on developed commercially zoned property. Portable on demand type units and trailers in this section shall be considered an accessory use as defined and regulated in the Land Development Code. Portable on demand storage type units and trailers shall be screened from view when visible from any public right-of-way or adjacent property by a privacy fence or wall. The City of Edgewater Technical Review Committee shall determine the allowable duration that a portable on demand unit(s) and trailer(s) may remain on the property. The Building Department may approve the temporary placement of a storage unit when a permit has been issued for the repair of a structure or for new construction. Placing portable on demand type units and trailers on undeveloped property is prohibited. Secs. 10-8-510-87— 10-89. Reserved. 21 (Ordinances/Chapter 10) ARTICLE V. SEWAGE DISPOSAL Sec. 10-90. Sanitary disposal methods—Required generally. Every residence and building in which human beings reside, are employed or congregate, shall be required to have a sanitary method of disposing of human excrement, namely either a sanitary water closet that is connected with the city sewer, or connected to an approved type of septic tank. A septic tank may be used only on properties designated for single-family residential (SFR) use and said SFR property boundaries are located more than 200 feet from the sewer line. Properties with more than two residential dwellings or any non-residential use shall connect to city sewer regardless of the 200-foot rule. Sec. 12-91. Same—Rented premises. It shall be unlawful for any person owning or leasing any premises in the city to permit the disposal of any human excrement on any property, leased or rented by any such person or the agent of any such person, except in a sanitary water closet. Secs. 10-92— 10-95. Reserved. ARTICLE VI. WEEDS, GRASS AND BRUSH; STANDARDS FOR PROPERTY MAINTENANCE Sec. 10-96. Purpose and intent. The continuous growth and urban development of the city requires the reasonable and effective control and regulation of excessive accumulation of weeds, grass, brush, undergrowth and other similar plant life. Standards for property maintenance are necessary to prevent fire hazards; deposit of litter; debris or combustible materials; infestation by rodents and other health endangering wild animals; the breeding of mosquitoes and vermin; or, other nuisances which threaten the public safety, or endanger the public health or adversely affect the economic welfare of adjacent property. Sec. 10-97. Definitions Reserved. • _ --• - - . . - , - meaning:- Brush. The undergrowth of plant species that by virtue of their arrangement, chemical woody stems that live from year to year as distinguished from trees. Species included in this definition shall include, but are not limited to, saw palmetto, gallberry, fetterbush and wax myrtle. Improved lot. Any lot to which improvements have been made, including but not limited to, change of grade through filling or excavation, installation of water or sewer line, clearing of the natural vegetation on the property. Natural area. Areas within larger improved lots where the natural vegetation has not been cleared or disturbed. Natural cover. Trees, brush, roots and other by products of land clearing activity. 22 (Ordinances/Chapter 10) Structure. Anything constructed, installed or portable which requires a location on a housing, business, commercial or industrial purposes whether temporary or permanent. Structure shall include, but not be limited to walls, billboards, swimming pools and decks, communication towers, on site signs, tents, porches, fences, privacy screens, docks, arbor, gazebos, sheds and similar structures. Structure shall not include, pipes, pump stations and any other construction below ground level. Trash. All accumulation of grass, shrubbery or weed cuttings, pine needles and other refuse incident to the care of lawns, shrubbery, vines and gardens. The term "trash" shall not be taken to include trees, tree limbs, tree stumps, brush, used or broken appliances, furniture, bedding, building materials, lumber or other material of like nature. Unimproved lot. Any lot which remains undisturbed and in a natural vegetative state. Vegetative fire hazard assessment. An assessment of an area to determine build up along with vegetative fuel hazard classification and threats it may pose to rgal property. The assessment will be conducted utilizing the Volusia County Wildland/Urban Interface Wildfire Hazard Assessment Guide (dated 01/2000). Vegetative fire hazard Trees, brush or other vegetation which by reason of their• .. •. - . . • _ . . .. , --• . . •. - - - . - . . . - . , .. - averaging over three feet tall within 30 feet of an existing structure and pine on undeveloped lots more than 75 percent are considered fire hazards. Sec. 10-98. Property maintenance—Duty of the owner. (a) Maintenance of commercial and industrial zoned lots. The owner of every improved lot, piece and parcel of land located within a commercial or industrial zone within the city shall keep each such lot, piece or parcel of land free and clear of all fallen trees and limbs and all weeds, grass and brush exceeding 12 inches in height. However, nothing in this section shall be construed to require natural areas located within larger improved lots to be cut to a height less than 12 inches within such natural areas. Unimproved vacant parcels adjacent to improved parcels will be inspected by the city to determine severity of hazard to the improved property. If it is determined by the city that the property does pose a hazard, the owner of the unimproved vacant parcels will be required to keep 20 feet of their parcel that is adjoining an improved parcel of land free and clear of all fallen trees, limbs and brush exceeding 36 inches in height. (b) Maintenance of improved residential lots. The owner of an improved lot in a residential zone shall keep such lot free and clear of all fallen trees and limbs. All weeds, grass and brush shall be cut to a height not exceeding 12 inches. However, nothing in this section shall be construed to require natural areas located within larger improved lots to be cut to a height less than 12 inches within such natural areas. (c) Maintenance of unimproved residential lots. Unimproved vacant parcels adjacent to improved parcels will be inspected by the city fire department and/or code enforcement compliance to determine severity of hazard to the improved property. If it is determined by the city that the property does pose a hazard, the owner of the unimproved vacant lot in a residential zone will be required to keep 20 feet of their parcel/lot that is adjoining an improved lot free and clear of all fallen trees and limbs, and all weeds, grass and brush therein shall be cut to a height not exceeding 36 inches within such areas. (d) Maintenance of right of ways and abutting property owners. It shall be the duty of every owner of real property within the city to at all times cause to be cut and mowed, the grass and weeds and to cause to be cut and trimmed, the flowers, vines and shrubbery. 23 (Ordinances/Chapter 10) Performance shall be in a manner that protects and promotes the public health, safety and welfare and presents an aesthetically pleasing appearance in those areas of the right of way abutting their properties. It shall also be the duty of every owner of real property to properly dispose of said trimmings. Right of ways abutting improved residential or commercial lots shall be maintained as provided in subsections (a) and (b). Rights-of-way abutting unimproved residential lots shall be maintained as provided in subsection (c) for the maintained portion of residential lots. This maintenance area is that space between the private property lot or survey line of the property owner and the paved or graded portion of the public street adjacent thereto and includes that area between a sidewalk and street. The ground cover in the right of way area and other areas subject to erosion shall be grass unless other ground cover has been approved by the City. (e) Garbage, waste, trash, etc., prohibited. The owner of every lot, piece and parcel of land located within the city shall keep each such lot, piece and parcel of land free and clear of garbage, waste, trash, debris and junk. (f) No property maintenance permit required; other restrictions and requirements applicable. No permit shall be required for the limited property maintenance required by this Section; however, the requirements, restrictions and limitations imposed by other sections of this code and applicable provisions of the land development code pertaining to environmental preservation, tree removal, change of grade, etc., shall be applicable. In the event of any conflict between this section and any other provision of this code or applicable provision of the land development code, the other sections of this code or applicable provisions of the land development code shall prevail and govern. Sec. 10-99. Excessive growth prohibited. No person shall permit weeds, grass, brush or other similar plant life to grow to a height exceeding 12 inches on any property within the city which has been mowed, cleared or altered from its original natural state. Secs. 10-100— 10-105. Reserved. ARTICLE VII. RUBBISH AND GARGABE Sec. 10-106. Accumulation of rubbish or garbage. (a) All exterior property and premises, and the interior of every structure, shall be free from any accumulation of debris, newspapers, rubbish, junk, trash, cans, paper, tires, furniture, building materials or appliances. (b) It shall be the duty of any person owning or controlling a house or other building or premises to remove any uncontained rubbish or garbage on both the subject parcel and the adjacent right-of-way. way in piles no larger than 4'x4'x4' (four feet high, four feet deep, four feet wide)total. re Sec. 10-107. Disposal of rubbish and or garbage. (a) Every occupant of a structure shall dispose of all rubbish or garbage in a clean and sanitary manner by placing such items in approved containers provided by the occupant. (b) All containers shall be stored on the premises of the owner or tenant behind the front dwelling line, until containers are placed at the right-of-way on scheduled pickup days. 24 (Ordinances/Chapter 10) (c) Containers may be placed in the adjacent street right-of-way no earlier than 4pm the evening before the scheduled pickup service and shall be removed no later than 11:00 p.m. on the day of scheduled pick up service. Sec. 10-108. Approved containers. Approved containers shall be leakproof and have close-fitting lids that deter animals from accessing the containers. Sec. 10-109. Burning or burying garbage, other refuse. No garbage, trash, brush, natural cover or other refuse shall be burned and no garbage shall be buried within the city. Secs. 10-110— 10-111. Reserved. ARTICLE VIII. VEHICLES Sec. 10-112. Scope. The purpose of this article is to establish criteria for the identification and regulation of inoperable, abandoned and/or wrecked vehicles located in areas designated for residential use and to establish parking standards in residential areas. Sec. 10-113. Inoperable, abandoned, and/or wrecked vehicles. (a) A vehicle shall be determined or defined as inoperable, abandoned, and/or wrecked by the code enforcement officer compliance officials should any of the following be applicable: (1) The vehicle creates a threat to public health, safety or welfare due to its condition or the conditions in, under or around subject vehicle. (2) The vehicle causes violations of federal, state or local environmental regulations by leaking noncontained hazardous fluids, such as oil, fuel, gear grease, hydraulic fluid, ethylene-glycol or antifreeze coolant additives and any other regulated chemicals which pose a threat to public health, safety or welfare by entering the groundwater supply or significantly running off the vehicle onto the surrounding area, creating dangerous/hazardous conditions for passing motorists or persons. (3) The vehicle is associated with discarded items accumulating in, on or around its immediate area, causing vehicle to meet criteria for"nuisance". (4) A vehicle that is stored with open hood, doors, hatches and compartments exposed to the general public or neighboring properties for any period exceeding 24 hours. (5) A vehicle visible to the general public or neighboring properties, which a code enforcement officer compliance officials cannot establish ownership or the responsible party declines to resolve valid issues contained within this article, shall be determined to be abandoned. (6) The vehicle is without a current valid assigned license tag and registration that is appropriately displayed or a current vehicle restoration permit. (7) The vehicle is wrecked, meaning any motor vehicle the condition of which is wrecked, dismantled, partially dismantled, incapable of operation by its owner power on any public street, or from which the wheels, engine, transmission or other substantial part thereof is inoperable and/or removed. 25 (Ordinances/Chapter 10) (b) Vehicles deemed to be inoperable, abandoned and/or wrecked shall not be stored in any zoning district except as provided for in Section 10-114. (c) Vehicles parked in locations other than driveways, or other designated parking areas are prohibited. Sec. 10-114. Same—Restoration and permits—For residential properties. (a) Any person seeking to openly restore a vehicle on property designated for residential use shall obtain a vehicle restoration permit issued by the code compliance enforcement officials. The vehicle restoration permit shall be posted conspicuously at the residence during the period of restoration. (b) The application for a vehicle restoration permit shall include the following: (1) Current photograph of the vehicle; (2) Description of restoration plan(s) including a schedule; (3) Vehicle identification number; (4) Fees paid as determined by Resolution. (c) A vehicle restoration permit authorizes the following: (1) Restoration may be performed in an open area. When stored, the vehicle shall be stored in an area not visible to the public or neighboring properties. (2) A vehicle being restored shall be stored in an area hidden from view by stockade fencing, chain link fencing with slatting, masonry wall, custom car cover or stored inside a garage. (d) The term of the permit shall be six (6) months one (1) year. Additional renewals will be available provided that restoration progress is consistent. (e) Vehicles being restored shall be owned by the occupant of the property. (f) A donor vehicle stored on property to supply parts for the permitted restoration vehicle shall comply with all of the above. Sec. 10-115. Parking in residential areas. All motor vehicles shall be kept on an approved driveway. Overflow parking is allowed only after the approved driveway has reached its parking capacity. Overflow parking is limited to nisi() more than two operable motor vehicles shall be parked in the area immediately parallel adjacent towards the side lot line away from the front yard of an approved to the driveway of a residence. The ground beneath the vehicle parked off the approved driveway must be maintained to promote an aesthetically pleasing appearance. Sec. 10-116— 10-119. Reserved. ARTICLE IX. WATERCRAFT, WATERCRAFT TRAILERS,MOTOR HOMES, TRAILERS, RECREATIONAL VEHICLE TRAILERS AND CAMPERS Sec. 10-120. Scope. The purpose of this article is to establish criteria for the parking and storage of noncommercial watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and campers on property designated for residential areas. Sec. 10-121. Same—Storage/parking. (a) Watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and campers stored on property designated for residential use shall have a current and valid assigned license tag and registration that is appropriately displayed, except any boat or trailer out 26 (Ordinances/Chapter 10) of view of the general public or neighboring properties shall not be required to have a valid license tag. (b) Watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and campers stored on property designated for residential use shall be maintained in an operable condition. Repairs shall not exceed three months. (c) Watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and campers may be parked or stored on an approved in a driveway, immediately parallel towards the side lot line away from the front yard of an approved to the driveway, alongside the house behind the front dwelling line or in the backyard subject to the following conditions: (1) No watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and campers or any part thereof may rest on or occupy airspace past the property line or right of way. (2) Watercraft must be stored on operable trailers. (d) Boat motors of watercraft parked or stored on property designated for residential use shall not be operated before 7:00 a.m. or after 10:00 p.m. (e) Watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and campers stored on property designated for residential use shall not be used as a dwelling nor shall waste materials be permitted to discharge. (f) Watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and campers stored on property designated for residential use shall meet reasonable standards of appearance and maintenance as follows: (1) The ground beneath the watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and campers shall be maintained to promote an aesthetically pleasing appearance and not create a nuisance. (2) Watercraft trailers, motor homes, trailers, recreational vehicle trailers and camper tires shall be inflated to tire specifications. (3) The watercraft, watercraft trailer, motor home, trailer, recreational vehicle trailer and camper shall be kept clean and not be allowed to become a nuisance that can be detected beyond the owners property line. (4) Only routing repairs and maintenance may be performed on watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and campers parked in front yards. (g) The owner of the watercraft, watercraft trailers, motor homes,trailers, recreational vehicle trailers and campers must reside on the premises where the item is parked or stored. Additional property owned by the resident adjacent to the residence is considered to be a part of the premises for this purpose. The vehicles shall not be used for residential purposes, except during an emergency or natural disaster. The vehicles may be used for residential purposes only after application for building permit(s) for repair after a natural disaster and until the restoration of water, sewer and electrical services. If the building is uninhabitable, as determined by the building official, an additional six (6) months from utility restoration may be permitted at the discretion of the city manager. (h) Visitors may reside in their motor homes on property designated for residential use for a maximum of a two-week period with a permit. Waste materials shall not be permitted to discharge. A visitor residing in a motor home shall be permitted no more than twice in a six- month period. These permits shall be issued by the city clerk's office and prominently displayed so as to be visible from the street. (i) A limit of one vehicle (watercraft, watercraft trailer, motor home, trailer, recreational vehicle trailer or camper) per 4,000 square feet of lot area may be stored on 27 (Ordinances/Chapter 10) residentially zoned property. shall be allowed to be parked in the front setback and/or side yard. Secs. 10-122— 10-125. Reserved. ARTICLE X. INSPECTIONS Sec. 10-126. Existing building inspections. Before issuing a permit, the building official may examine or cause to be examined any building, electrical, gas, mechanical or plumbing systems for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install or change the occupancy. He or she shall inspect all buildings, structures, electrical, gas, mechanical and plumbing systems, from time to time, during and upon completion of the work for which a permit was issued. He or she shall make a record of every such examination and inspection and of all violations of the technical codes. Sec. 10-127. Manufacturers and fabricators. When deemed necessary by the building official, he or she shall make or cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes. Sec. 10-128. Inspection service. The building official may make or cause to be made, the inspections required by this chapter. He or she may accept reports of department inspectors, independent inspectors or recognized inspection services, provided that after investigation he or she is satisfied as to their licensure, qualifications and reliability. A certificate required by any provision of this code shall not be based on such reports unless recorded by the building code inspector or the architect or engineer performing building code inspections in a manner specified by the building official. The building official shall ensure that all persons making such inspections are certified in accordance to F.S. ch. 468. Sec. 10-129. After-hours inspections. The term after hours shall mean that time after 4:30 p.m. and prior to 8:00 a.m. weekdays. In the event that a permitted construction project requires after hours or weekend inspection, requests shall be completed on the approved request form, submitted within the specified time frame and the fee for such inspection shall be paid in accordance with the established fee table. In order to obtain after hours inspection the following must be met: • Requests must be made before noon on the day preceding the day the inspection is needed; and • Requests for weekend or holiday inspections must be submitted one week in advance. Sec. 10-130. Site debris. All contractors are responsible for assuring that the work sites and the adjacent streets are not littered during construction period. This obligation and duty includes unused or discarded work materials in addition to personal trash of the workmen (lunch items, cans, papers, etc). All debris shall be kept in such a manner as to prevent it from being spread by any means. Construction job sites must be kept clean, such that accumulation of construction debris must not remain on the property for a period exceeding fourteen days. The contractor and/or owner of any active or inactive construction project shall be responsible for the clean up and removal of all 28 (Ordinances/Chapter 10) construction debris or any other miscellaneous discarded Articles prior to receiving a final inspection approval. All waste removal receptacles must by City approved. Streets must remain passable and not obstructed by vehicles or associated machinery or equipment utilized for the building process. Sec. 10-131. Tent permits. (a) Required. No tent shall be erected within the city until a permit has been obtained from the building division and the fire department. (1) Tents/canopies meeting all of the following requirements are exempt from permitting: a. Is 400 square feet or less; b. Does not have attachable sides; c. Does not have provisions for electricity; d. Is not utilized for a place of assembly for more than 50 people; and e. Does not provide for the sale of hazardous materials. (b) Application. An application for a tent permit shall include the following: (1) Letter from the property owner, authorizing use of the property. (2) Certification of tent fire resistance, effective for the period specified by the permit. (3) Tent permit application form. (c) Issuance; conditions. A permit shall be subject to the following conditions: (1) Inspection shall be requested by the permittee when the grounds are prepared by cutting grass, removing debris or any other potential fire hazards and electric service is ready for connection. Inspection approval will authorize erection of the tent. (2) Final inspection by the building department and fire prevention inspector shall be requested by the permittee when the tent is erected, sanitary facilities are provided and seats and fire extinguishers are installed. (3) The tent shall not be occupied or electrical service connected until satisfactory final inspections, as determined by the city, have been performed. (4) Permits are limited to two weeks, with provision for one extension of two weeks after satisfactory reinspection and approval by the city to ensure safety to life conditions have not deteriorated. (5) No tent shall be permitted on a site for a period longer than 28 days unless authorized by the development services director or his designee. No permit shall be issued for the same site within a period of 180 days following expiration of a tent permit. (6) Adequate parking shall be provided. Secs. 10-132— 10-135. Reserved. ARTICLE XI. UNSAFE OR UNSANITARY BUILDINGS Sec. 10-136. Authority to condemn. The city council is authorized to condemn and order to be demolished and removed, or to be put in a sound state of repair, any and all buildings and structures within the city found to be in a dilapidated, unsanitary, unsafe or uninhabitable condition. Additionally, city officials, as designated herein in emergency circumstances, are authorized to demolish and remove or to be put in a sound state of repair, any and all buildings and structures within the city found to be in a 29 (Ordinances/Chapter 10) dilapidated, unsanitary, unsafe or uninhabitable condition as set forth in the city's codes and ordinances adopted from the Unsafe Building and Abatement Code, 1985 Edition. Sec. 10-137. Periodic inspection of buildings; notice of condemnation; hearing. (a) The building official, the fire chief, the code official or their designees, are authorized to periodically inspect buildings and structures within the city and if such official finds any building or structure to be in a dilapidated, unsanitary, unsafe or uninhabitable condition, shall report such fact in writing to the city manager, specifying in detail the condition of the building or structure. The city shall thereupon determine whether or not a public hearing shall be held to condemn such building or structure. If the city manager determines such hearing will be held, he or she shall cause to be placed upon such building or structure a notice of condemnation and simultaneously therewith direct to be delivered to the owner or owners or any one owner, as outlined in section 10-349 "Notices", that the building or structure thereon has been found by officials of the city to be in dilapidated, unsanitary, unsafe or uninhabitable condition, and that the city intends to condemn the same. Such notice shall further provide that a hearing will be held before the construction board of adjustment and appeals (CBAA) at a stated time and at a stated place, and that at such time and place a full determination will be made by the CBAA as to the condition of the building or structure. (b) The property owner and the city manager, or designee, at the hearing, shall be heard and be permitted to present such relevant evidence as they desire. The CBAA may accept evidence from the general public as deemed appropriate for the particular case. Sec. 10-138. Uninhabitable, dilapidated, unsafe or unsanitary buildings or structures. (a) A building or structure shall be uninhabitable, dilapidated, unsafe or unsanitary when: (1) An order has been issued by the city under its codes or ordinances finding that a public nuisances exists; and (2) It is found to have one or more of the following characteristics: a. It is vacant, unguarded and open at doors or windows; b. There is an unwarranted accumulation of debris or other combustible material therein; c. The structure's condition creates hazards with respect to means of egress and fire protection as provided for the particular occupancy; d. There is a falling away, hanging loose or loosening of any siding, block, brick or other building material; e. There is a deterioration of the structure or structural parts; f. The structure is partially destroyed; g. There is an unusual sagging or leaning out of plumb of the structure or any parts of the structure and such effect is caused by deterioration or over-stressing; h. The electrical or mechanical installations or systems create a hazardous condition; or i. An unsanitary condition exists by reason of inadequate or malfunctioning sanitary facilities or waste disposal systems; (3) It is found to have one or more of the characteristics in subsections a. through i. and an order has been issued by the CBAA sitting as the city's public nuisance abatement board declaring the subject property to be a public nuisance. (b) A building or structure found to be uninhabitable, dilapidated, unsafe or unsanitary as provided in this Section shall be subject to demolition. 30 (Ordinances/Chapter 10) (c) The city may sell any material salvaged from any demolished building or structure and any other property contained therein or thereupon and credit the proceeds against the cost of demolition or removal or where an independent contractor is employed to demolish or remove any such building or structure, to convey such material or property to the contractor as compensation or partial compensation for such demolition or removal. Should the proceeds from the disposition of such materials or property exceed the cost of such demolition or removal, such excess shall be used, applied or paid over in accordance with the written directions of the parties entitled thereto. (d) The city council is authorized to appropriate and expend such funds as may be necessary to carry out the provision of this article. Nothing contained herein shall require the city council to appropriate or expend any funds to carry out the purpose of this article. The authority granted herein is permissive and shall not be construed to impose an obligation on the Building Official or the City to condemn any building or structure. (e) Nothing herein precludes exercise of emergency powers otherwise available in the face of imminent threat to public safety. (f) The provisions of this article shall not be deemed to repeal or modify any provision of a city code or ordinance relating to condemning of buildings and structures but the provisions herein shall be supplemental and in addition to the powers that may be exercised by the city through its city council or its officers and employees. Sec. 10-139. Order of condemnation; repair or removal. If the CBAA determines upon hearing as provided in section 10-346 that such building or structure should be condemned, such fact shall be stated in writing to the property owner including reasonable specifications as to the deficiencies justifying such condemnation and the property owner shall be given a reasonable time, according to the size, condition and location of such building or structures, in which to cause the building or structure to be demolished and removed, the illegal conditions abated or placed in a state of sound repair. In the event of failure on the part of the property owner within such time period to effect the demolition and removal, abatement or repair, then such building or structure will be demolished and removed by the city and the cost of the same specially assessed as a lien against the land. The order of condemnation shall be delivered to the property owner or owners or any one owner, as outlined in section 10- 349 (Notices"). The lack of a signed returned receipt shall not constitute a failure to notify owners or interested parties. Service shall be deemed complete upon mailing. The order of condemnation shall be recorded in the public records of the county as a municipal special assessment lien. The recordation of such order of condemnation as a municipal special assessment lien as provided in this section shall constitute notice to any subsequent purchasers, transferees, grantees, mortgagors, mortgagees, lessees, lienors and all persons having, claiming or acquiring any interest in the property described therein or affected thereby. No condemned building or structure stating that the same is condemned shall be occupied or used for any purpose during the period of time the same is condemned. Sec. 10-140. Demolition by city; municipal special assessment lien. If, within the time stated in the order of condemnation/municipal special assessment lien provided for in section 10-137, the property owner fails to demolish and remove or repair such condemned building or structure and has not shown cause before the city council which justifies an extension of time, the city council shall forthwith order such building or structure to be demolished or removed by the city and the actual costs including administrative costs of the same specially assessed as a municipal special assessment lien upon the land. The city may enforce its municipal special assessment lien and maintain a personal action against the property owner or owners at the same time to recover such cost and any and all interest accrued thereon. 31 (Ordinances/Chapter 10) In any suit by the city either at law or in equity for the collection of the amount of the lien, the city shall be entitled to recover its actual costs and attorney's fee for the suit and such costs and attorney's fee shall also become a lien upon the land. Any lien for costs and fees incurred pursuant to sections 10-136 through 10-141 shall constitute a lien for special assessments and with the same penalties and rights of collection, foreclosure, sale and forfeiture as obtained for special assessment liens. Sec. 10-141. Emergency powers. The city manager, building official, fire chief, or code enforcement officer official shall have the power to promptly cause a building, structure or portion thereof to be made safe or cause its removal in cases of emergency which have been determined to involve imminent danger to human life or health. For this purpose such structure or land on which such structure stands or abutting land or structures may be entered by such official with such assistance and at such cost as the official may deem necessary. The official may order the vacation of adjacent structures and may protect the public by appropriate fencing or such other means as may be necessary and for this purpose may close a public or private way. All costs incurred by the city pursuant to this section shall be assessed and enforced as stated in section 10-344 and other controlling provisions of the city's codes and ordinances. Secs. 10-142— 10-145. Reserved. ARTICLE XII. APPLICABILITY. Sec. 10-146. General. The provisions of this code shall apply to all matters affecting or relating to structures and premises, as set forth in this chapter. Where, in a specific case, different Sections of this code specify different requirements, the most restrictive shall govern. Sec. 10-147. Maintenance. Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and premises. Sec. 10-148. Application of other codes. Repairs, additions or alterations to a structure or changes of occupancy, shall be done in accordance with the procedures and provisions of the Florida Building Code. Nothing in this code shall be construed to conflict with any provision of the Florida Building Code. Sec. 10-149. Existing remedies. The provisions of this code shall not be construed to abolish or impair existing remedies of the city or its officers or agencies relating to the removal or demolition of any structure, which is dangerous, unsafe and unsanitary. 32 (Ordinances/Chapter 10) Sec. 10-150. Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's installation instructions. Sec. 10-151. Historic buildings. The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings when such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare. Sec. 10-152. Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Florida Building Code requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Sec. 10-153. Requirements not covered by code. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the code official. Sec. 10-154— 10-157. Reserved. ARTICLE XIII. DUTIES AND POWERS OF THE CODE OFFICIAL Sec. 10-158. General. The code official shall enforce the provisions of this code. Sec. 10-159. Authority. The city manager shall have authority as necessary in the interest of public health, safety and general welfare, to promulgate procedures to implement this code. The code official shall have the authority to interpret and implement the provisions of this code; to secure the intent thereof; and to designate requirements applicable because of local climatic or other conditions. Such interpretations shall not have the effect of waiving structural or fire performance requirements specifically provided for in this code or of violating accepted engineering methods involving public safety. Sec. 10-160. Inspections. The code official shall make all of the required inspections or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the city manager. Sec. 10-161. Right of entry. The code enforcement officer officials are authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the code enforcement officer officials are authorized to seek the city attorney to take actions to pursue recourse as provided by law. 33 (Ordinances/Chapter 10) Sec. 10-162. Identification. The code officials shall carry proper identification when inspecting structures or premises in the performance of duties under this code. Sec. 10-163. Notices and orders. The code officials shall issue all necessary notices or orders to ensure compliance with this code. Sec. 10-164. Department records. The code officials shall keep official records of all business and activities of the department specified in the provisions of this code. Such records shall be retained in the official records as long as the building or structure to which such records relate remains in existence, unless otherwise provided for by other regulations. Secs. 10-165— 10-167. Reserved. ARTICLE XIV. UNSAFE STRUCTURES AND EQUIPMENT Sec. 10-168. General. When a structure or equipment is found by the code official to be unsafe; or when a structure is found unfit for human occupancy, or in a dilapidated, unsanitary, or uninhabitable condition, or is found unlawful, such structure shall be condemned pursuant to the provisions of the city's codes and ordinances. Sec. 10-169. Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. Sec. 10-170. Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure. Sec. 10-171. Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. Sec. 10-172. Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code or was erected, altered or occupied contrary to law. 34 (Ordinances/Chapter 10) Sec. 10-173. Prohibited occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. It is prohibited and unlawful for any person to occupy a placarded premises or to operate placarded equipment. Sec. 10-174. Vacant or uninhabited structures. Damaged openings such as doors, windows or other apertures or holes in the building envelope shall be allowed to be temporarily protected for a period of time not to exceed 90 days. Materials used to protect or cover the opening can be any material approved for use by the then current edition of the Florida Building Code. If using wood structural panels, oriented strand board (OSB), plywood or any other natural wood product, the material used to enclose the building must be neatly fitted to protect the opening and shall be painted to blend in or match the rest of the building. Sec. 10-175. Occupied or inhabited structures. Damaged openings such as doors, windows or other apertures or holes in the building envelope shall be allowed to be temporarily protected, but repairs or replacement of the damaged doors, windows or other apertures must take place within 90 days. Materials used to temporarily protect, cover or replace the opening can be any material approved for use by the then current edition of the Florida Building Code. Sec. 10-176. Existing opening protective. Any opening protective in place on the adoption date of this chapter shall be removed within 90 days of the enactment of this chapter. Secs. 10-177 - 10-178. Reserved. ARTICLE XV. EMERGENCY MEASURES Sec. 10-179. Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. Sec. 10-180. Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall request the city manager to order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. 35 (Ordinances/Chapter 10) Sec. 10-181. Closing streets. When necessary for public safety, the code official shall temporarily close structures and close or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized. Sec. 10-182. Emergency repairs. For the purposes of this section, the code official shall request the city manager to authorize the necessary labor and materials to perform the required work as expeditiously as possible. Sec. 10-183. Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the owner of the property causing such costs to the city. Upon failure to pay the city, the city shall record a municipal special assessment lien upon the property. Sec. 10-184. Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter and upon petition directed to the city manager, be afforded a hearing consistent with controlling law. Secs. 10-185— 10-189. Reserved. ARTICLE XVI. MAINTENANCE OF STRUCTURES,EQUIPMENT AND EXTERIOR PROPERTY Sec. 10-190. Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this article. The provisions of this article shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property. Sec. 10-191. Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular. Sec. 10-192. Reserved. Sec. 10-193. Terms defined in other codes. Where terms are not defined in this code and are defined in the Florida Building Code or the city's codes and ordinances, such terms shall have the meanings ascribed to them as stated in those codes when applicable. Sec. 10-194. Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. 36 (Ordinances/Chapter 10) Sec. 10-195. Parts. Whenever the words "dwelling unit," "dwelling," "efficiency unit," "premises," "building," "rooming house," "rooming unit," "housekeeping unit" or "story" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof." Sec. 10-196. Definitions. Reserved. Approved. Approved by the code official. Basement. That portion of a building which is partly or completely below grade. Bathroom. A room containing plumbing fixtures including a bathtub or shower. Bedroom. Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit. Code official. The official who is charged with the administration and enforcement of Condemn. To adjudge unfit for occupancy. Dwelling unit. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Easement. That portion of land or property reserved for present or future use by a person be for use under, on or above a said lot or lots. Efficiency unit. A dwelling unit containing only one habitable room, sometimes referred to as a studio apartment. Exterior property. The open space on the premises and on adjoining property under the control of owners or operators of such premises. Extermination. The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods. Garbage. The animal or vegetable waste resulting from the handling, preparation, Guard A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level. Habitable space. Space in a structure for living, sleeping, eating or cooking. Bathrooms, • - _ . .. . •- - , , . - . . . - - - • . - spaces. 37 (Ordinances/Chapter 10) Housekeeping unit. A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower. Imminent danger. A condition which could cause serious or life threatening injury or death at any time. Infestation. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests. Inoperable motor vehicle. A vehicle which cannot be driven upon the public streets for or incapable of being moved under its own power. Labeled. Devices, equipment, appliances or materials to which has been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above labeled items and by whose label the manufacturer dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is the legal owner of record or is authorized by said legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license or pursuant to a recorded or unrecorded agreement of contract for the sale of land. Occupancy. The purpose for which a building or portion thereof is utilized or occupied. • - _ - • _ • _ - space within a building. Openablc area. That part of a window, skylight or door which is available for the unobstructed ventilation and which opens directly to the outdoors. Operator. Any person who has charge, care or control of a structure or premises which is letor offered for occupancy. •a. , . . .. • . . ... - - -- - _ . _ - . . . - interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. Person. An individual, corporation,partnership or any other group acting as a unit. • - - --- - thereon. 38 (Ordinances/Chapter 10) • •• ♦ . .. _ - .• public for public use. • • - • .. compensation and not occupied as a one or two family dwelling. Rooming unit. Any room or group of rooms farming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. Rubbish. Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin Sleeping unit. A room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units. Strict liability offense. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant dither did an act which was prohibited or failed to do an act which the defendant was legally required to do. Structure. That which is built or constructed or a portion thereof. Tenant. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit. Toilet room. A room containing a water closet or urinal but not a bathtub or shower. Ventilation. The natural or mechanical process of supplying conditioned or unconditioned air to or removing such air from any space. Workmanlike. Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work. Yard. An open space on the same lot with a structure. Sec. 10-197. Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. Occupants of a dwelling unit, efficiency unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control. 39 (Ordinances/Chapter 10) Sec. 10-198. Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. Secs. 10-199— 10-201. Reserved. ARTICLE XVII. EXTERIOR PROPERTY AREAS Sec. 10-202. Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. Nothing in this code shall be deemed to preclude action being taken by the city under the provisions of article VI relating to weeds, wild growth and debris remediation by the city. Sec. 10-203. Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereof or within any structure located thereon, except for approved retention areas and reservoirs. Sec. 10-204. Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions. Sec. 10-205. Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation. Sec. 10-206. Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant. Sec. 10-207. Accessory structures. All accessory structures, including but not limited to fences and walls, greenhouses, gazebos, storage buildings, storage shed, garages, carports and the like shall be maintained structurally sound and in good repair. Sec. 10-208. Vehicles. Except as provided for in other regulations, no inoperative or unlicensed vehicle shall be parked, kept or stored on any premises (including public property) and no vehicle shall at any time be in a state of major disassembly, disrepair or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. Removal of junk vehicles on public property shall be subject to the provisions of chapter 17 article IV of the City Code. 40 (Ordinances/Chapter 10) Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, on a property owner's property if such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. Sec. 10-209. Defacement of property. It is prohibited and unlawful for a person to willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti, to include specific murals, paintings and wording that is not permitted within the Edgewater Land Development Code or consistent with the structure type, design or location. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair. Secs. 10-210— 10-213. Reserved. ARTICLE XVIII. . L A 'A • . ' e e -_ . ' • - • • ! - e . : _ RESERVED. Swimming pools shall be maintained in a clean and sanitary condition and in good repair. Sew 214. Enclosures. Private swimming pools, hot tubs and spas containing water more than 21 inches (610 mm) in depth shall be completely surrounded by a fence or barrier at least 48 inches (1,219 mm) The maximum vertical clearance between grade and the bottom of the barrier shall be two inches (51 mm) measured on the side of the barrier which faces away from the pool. Gates and doors in such barriers shall be self closing and self latching. Where the self latching device is less than 51 inches (1,372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self closing and self latching gates shall be maintained such that the gate will positively close and latch when re ascd from an open position of six inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. Exception: Spas or hot tubs with a safety cover that complies with ASTM F1316 shall be exempt from the provisions of this Section. Secs. 10-244 10-214— 10-218. Reserved. ARTICLE XIX. EXTERIOR STRUCTURE Sec. 10-219. General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. Sec. 10-220. Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, roofs, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be 41 (Ordinances/Chapter 10) maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Excessive oxidation stains shall be removed from exterior surfaces. Surfaces designed to stabilization by oxidation are exempt from this requirement. Sec. 10-221. Structural members. All structural members shall be maintained free from deterioration and shall be capable of safely supporting the imposed dead and live loads. Sec. 10-222. Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. Sec. 10-223. Exterior walls. All exterior walls shall be free from holes, breaks and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. Sec. 10-224. Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. Sec. 10-225. Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. Sec. 10-226. Overhang extensions. All overhand extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. Sec. 10-227. Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with propery anchorage and capable of supporting the imposed loads. Sec. 10-228. Chimneys and towers. All chimneys, cooling towers, smoke stacks and similar appurtenances shall be maintained structurally safe and sound and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. Sec. 10-229. Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 42 (Ordinances/Chapter 10) Sec. 10-230. Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. Sec. 10-231. Glazing. All glazing materials shall be maintained free from cracks and holes. Sec. 10-232. Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. Sec. 10-233. Insect screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every screen door used for insect control shall have a self-closing device in good working condition. Exceptions: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. Sec. 10-234. Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. Doors providing access to a dwelling unit, efficiency unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a lock designed to be readily openable from the side from which egress is to be made without the need for keys. Such locks shall be installed according to the manufacturer's specifications, maintained in good working order and shall tightly secure the door. Sec. 10-235. Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water. Basement hatchways that provide access to a dwelling unit, efficiency unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry. Sec. 10-236. Guards for basement windows. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents. Sec. 10-237. Building security. Doors, windows or hatchways for dwelling units, efficiency units, rooming units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within. Sec. 10-238. Windows. Windows manufactured to be operable must remain operable. Windows required for emergency egress shall be operable and located in whole or in part of the structure, dwelling unit, efficiency unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device. 43 (Ordinances/Chapter 10) Sec. 10-239. Temporary storm protection. Openings such as doors, windows or other apertures may be temporarily protected up to 14 days prior to the projected landfall of any named storm or weather system. Temporary protection must be removed within 14 days after the storm threat has passed. Materials used to protect or cover the opening can be any material approved for use by the then current edition of the Florida Building Code. Secs. 10-240— 10-245. Reserved. ARTICLE XX. INTERIOR STRUCTURE Sec. 10-246. General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. Sec. 10-247. Structural members. All structural members shall be maintained structurally sound and be capable of supporting the imposed loads. Sec. 10-248. Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Pealing, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected. Sec. 10-249. Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. Sec. 10-250. Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. Sec. 10-251. Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. Secs. 10-252— 10-255. Reserved. ARTICLE XXI. EXTERMINATION Sec. 10-256. Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that 44 (Ordinances/Chapter 10) will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation. Sec. 10-257. Owner. The owner of any structure shall be responsible for extermination within the structure. Secs. 10-258— 10-260. Reserved. ARTICLE XXII. LIGHT,VENTILATION AND OCCUPANCY LIMITATIONS Sec. 10-261. Scope. The provisions of this article shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure. Sec. 10-262. Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy, any premises that do not comply with the requirements of this Article. Sec. 10-263. Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the Florida Building Code shall be permitted. Sec. 10-264. Habitable spaces (light). Every sleeping space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be eight percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than three feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room. Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least eight percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 square meters). The exterior glazing area shall be based on the total floor area being served. Sec. 10-265. Common halls and stairways. Every common hall and stairway in residential occupancies, other than in one- and two- family dwellings, shall be lighted at all times with at least a 60-watt standard incandescent light bulb for each 200 square feet (19 square meters) of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than 30 feet (9,144 mm). In other than residential occupancies, means of egress, including exterior means of egress, including but not limited to, stairways, shall be illuminated at all times within the building space served by the means of egress is occupied with a minimum of one footcandle (11 lux) at floors, landings and treads. 45 (Ordinances/Chapter 10) Sec. 10-266. Other spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions and the safe occupancy of the space; and utilization of the appliances, equipment and fixtures. Sec. 10-267. Habitable spaces (ventilation). Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least 45 percent of the minimum glazed area required in section 10-264. Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least eight percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 square meters). The ventilation openings to the outdoors shall be based on a total floor area being ventilated. Sec. 10-268. Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by section 10-267, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated. Sec. 10-269. Cooking facilities. Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit and a cooking facility or appliance shall not be permitted to be present in the rooming unit or dormitory unit. Exceptions: (1) Where specifically approved in writing by the code official. (2) Devices such as coffee pots and microwave ovens shall not be considered cooking appliances. Sec. 10-270. Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space. Sec. 10-271. Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in accordance with the manufacturer's instructions. Sec. 10-272. Privacy. Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces. Sec. 10-273. Minimum room widths. A habitable room, other than a kitchen, shall not be less than seven feet (2,134 mm) in any plan dimension. Kitchens shall have a clear passageway of not less than three feet (914 mm) between counterfronts and appliances or counterfronts and walls. 46 (Ordinances/Chapter 10) Sec. 10-274. Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than seven feet (2,134 mm). Exceptions: (1) In one- and two-family dwellings, beams or girders spaced not less than four feet (1,219 mm) on center and projecting not more than six inches (152 mm) below the required ceiling height. (2) Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than six feet eight inches (2,033 mm) with not less than six fee four inches (1,932 mm) of clear height under beams, girders, ducts and similar obstructions. (3) Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least seven feet (2,134 mm) over not less than one-third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of five feet (1,524 mm) or more shall be included. Sec. 10-275. Bedroom and living room requirements. Every bedroom and living room shall comply with the requirements of sections 10-273 and 10-274. Sec. 10-276. Room area. Every living room shall contain at least 120 square feet (11.2 square meters) and every bedroom shall contain at least 70 square feet(6.5 square meters). Sec. 10-277. Access from bedrooms. Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces. Exception: Units that contain fewer than two bedrooms. Sec. 10-278. Water closet accessibility. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one water closet and lavatory located in the same story as the bedroom or access to a facility located on an adjacent story. Sec. 10-279. Prohibited occupancy. Kitchens and nonhabitable spaces shall not be used for sleeping purposes. Sec. 10-280. Other requirements. Bedrooms shall comply with the applicable provisions of this code including, but not limited to, the light, ventilation, room area, ceiling height and room width requirements of this Article; the plumbing facilities and water-heating facilities requirements of article XXIII; the heating facilities and electrical receptacle requirements of article XXV. 47 (Ordinances/Chapter 10) Sec. 10-281. Overcrowding. The number of persons occupying a dwelling unit shall not create conditions that the code enforcement officer effreial-finds and determines, based upon generally accepted practices and principles, endanger the life, health, safety or welfare of the occupants. Sec. 10-282. Efficiency unit. Efficiency units shall meet the following requirements: (1) A unit occupied by not more than two occupants shall have a clear floor area of not less than 220 square feet (20.4 square meters). A unit occupied by three occupants shall have a clear floor area of not less than 320 square feet (29.7 square meters). These required areas shall be exclusive of the areas required by subsections (2) and (3). (2) The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided. (3) The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower. (4) The maximum number of occupants shall be three. Sec. 10-283. Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage. Secs. 10-284 - 10-285. Reserved. ARTICLE XXIII. PLUMBING FACILITIES AND FIXTURE REQUIREMENTS Sec. 10-286. Scope. The provisions of this article shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided. Sec. 10-287. Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner- occupant or permit another person to occupy any structure or premises which does not comply with the requirements of this article. Sec. 10-288. Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory. Sec. 10-289. Rooming houses. At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units. 48 (Ordinances/Chapter 10) Sec. 10-290. Hotels. Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each ten occupants. Sec. 10-291. Employees' facilities. A minimum of one water closet, one lavatory and one drinking facility shall be available to employees. Sec. 10-292. Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms. Sec. 10-293. Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling. Sec. 10-294. Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway. Sec. 10-295. Location of employee toilet facilities. Toilet facilities shall have access from within the employees' working area. The required toilet facilities shall be located not more than one story above or below the employees' working area and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m). Employee facilities shall either be separate facilities or combined employee and public facilities. Exception: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the employees' regular working area to the facilities. Sec. 10-296. Floor surface. In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition. Sec. 10-297. General (plumbing fixtures). All plumbing fixtures shall be properly installed and maintained in working order and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition. Sec. 10-298. Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning. 49 (Ordinances/Chapter 10) Sec. 10-299. Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. Sec. 10-300. General (water system). Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water. Sec. 10-301. Contamination. The water supply shall be maintained free from contamination and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets,janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker. Sec. 10-302. Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely and free from defects and leaks. Sec. 10-303. Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 110°F (43°C). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. Sec. 10-304. General. All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system. Sec. 10-305. Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects. Secs. 10-306— 10-308. Reserved. ARTICLE XXIV. STORM DRAINAGE Sec. 10-309. General. Drainage of roofs and paved areas, yards, courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. Secs. 10-310 - 10-311. Reserved. 50 (Ordinances/Chapter 10) ARTICLE XXV. MECHANICAL AND ELECTRICAL REQUIREMENTS Sec. 10-312. Scope. The provisions of this article shall govern the minimum mechanical and electrical facilities and equipment to be provided. Sec. 10-313. Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner- occupant or permit another person to occupy any premises which does not comply with the requirements of this article. Sec. 10-314. Mechanical appliances. All mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. Sec. 10-315. Removal of combustion products. All fuel-burning equipment and appliances shall be connected to an approved chimney or vent. Exception: Fuel-burning equipment and appliances which are labeled for unvented operation. Sec. 10-316. Clearances. All required clearances to combustible materials shall be maintained. Sec. 10-317. Safety controls. All safety controls for fuel-burning equipment shall be maintained in effective operation. Sec. 10-318. Combustion air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment. Sec. 10-319. Energy conservation devices. Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply line thereto or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved. Sec. 10-320. Facilities required-electrical. Every occupied building shall be provided with an electrical system in compliance with the requirements of this article. Sec. 10-321. Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the Florida Building Code, Electrical. Dwelling units shall be served by a three-wire, 120/240 volt, single phase electrical service having a rating of not less than 60 amperes. 51 (Ordinances/Chapter 10) Sec. 10-322. Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code enforcement officer official shall require the defects to be corrected to eliminate the hazard. Sec. 10-323. Installation-electrical equipment. All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner. Sec. 10-324. Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. Sec. 10-325. Luminaries. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain at least one electric luminaire. Sec. 10-326. Elevators, escalators, and dumbwaiters. Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A17.1. The most current certification of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter or the certificate shall be available for public inspection in the office of the building operator. The inspection and tests shall be performed at not less than the periodical intervals listed in ASME A17.1, appendix N, except where otherwise specified by the authority having jurisdiction. Sec. 10-327. Elevators. In buildings equipped with passenger elevators, at least one elevator shall be maintained in operation at all times when the building is occupied. Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing. Sec. 10-328. Same—Duct systems. Duct systems s hall be maintained free of obstructions and shall be capable of performing the required function. Secs. 10-329— 10-332. Reserved. ARTICLE XXVI. HEATING FACILITIES Sec. 10-333. Same—Heating facilities. Heating facilities shall be provided in structures as required by this Section. 52 (Ordinances/Chapter 10) Sec. 10-334. Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the Florida Building Code. Cooking appliances shall not be used to provide space heating to meet the requirements of this section. Exceptions: In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained. Sec. 10-335. Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period to maintain a temperature of not less than 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms. Exceptions: (1) When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Florida Building Code. (2) In areas where the average monthly temperature is above 30°F (-1°C) a minimum temperature of 65°F (18°C) shall be maintained. Sec. 10-336. Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period to maintain a temperature of not less than 65°F (18°C) during the period the spaces are occupied. Exceptions: (1) Processing, storage and operation areas that require cooling or special temperature conditions. (2) Areas in which persons are primarily engaged in vigorous physical activities. Sec. 10-337. Room temperature measurement. The required room temperature shall be measured three feet (914 mm) above the floor near the center of the room and two feet(610 mm) inward from the center of each exterior wall. Secs. 10-338— 10-340. Reserved. ARTICLE XXVII. CODE COMPLIANCE PROCESS Sec. 10-341. Intent. (a) It is the intent of this article to promote, protect and improve the health, safety, welfare and to safeguard property values of the citizens of the city by providing an equitable, expeditious, effective and inexpensive method of enforcing the various codes of the city. (b) The provisions of this article is are intended to provide an additional and supplemental means of enforcing the laws, codes of ordinances and statutes in force in the city and nothing contained herein shall prohibit the city from enforcing its codes or ordinances by any other means available, specifically including Parts I and II, of Chapter 162, Florida Statutes. 53 (Ordinances/Chapter 10) (c) All active code enforcement complaints for which a notice of violation has been issued prior to the effective date of this chapter shall continue to be prosecuted through the code compliance process in effect at the time the notice of violation was issued. All pending code complaints shall be prosecuted through the citation fine code compliance system created herein. Sec. 10-342. Definitions Reserved. The following words, terms and phrases, as used in this article shall have the meanings respectively ascribed to them in this section, unless the context clearly indicates otherwise: City attorney means the city attorney of the city. City means City of Edgewater, Florida. Code means the Code of Ordinances, the Land Development Code and all other ordinances of the City of Edgewater. Code enforcement compliance officer shall mean the code compliance enforcement supervisor, code enforcement compliance officer(s), and law enforcement officer(s), building designated in writing by the city manager. Law enforcement officer shall mean any person who is elected, appointed or employed -•- .. • . - any political subdivision thereof, who is vested with Person means any natural person, corporation, partnership or other entity. Repeat violation means a violation of a provision of a code or ordinance by a person who has previously been found to have violated or who has admitted violating the same provision within five years prior to the violation, notwithstanding the violations occur at different locations. Sec. 10-343. Code enforcement board ("CEB")/Special magistrate. (a) The city hereby establishes a citation-fine code compliance process for the enforcement of its various codes. The code enforcement board (CEB) and the special magistrate shall have the power to impose administrative costs, fines and various noncriminal, civil penalties and to provide for an equitable, expeditious and effective process to achieve compliance and/or enforcement of the laws; Code of Ordinances and statutes in force in the city. Nothing in this article shall prohibit or limit the city from enforcing the laws, codes of ordinances and statutes in force in the city by any other means available, specifically including Parts I and II, of Chapter 162, Florida Statutes. The provisions of this article are merely an additional means of obtaining compliance. (b) The code enforcement board and the special magistrate shall have the power to: (1) Adopt rules for the conduct of hearing. (2) Hold hearings and assess fines against violators of the various codes of the city. 54 (Ordinances/Chapter 10) (3) Subpoena alleged violators and witnesses to the hearing. Subpoenas may be served by any law enforcement officer of the city or as otherwise permitted by law. (4) Subpoena evidence to the hearings. (5) Take testimony under oath. (6) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance with city codes or ordinances. However, any orders that require the city to expend money or directs city employees to perform work, i.e., demolition or repair of a structure must be approved by the city manager or city council before becoming effective. Sec. 10-344. Enforcement procedures. (a) It shall be the duty of the code enforcement compliance officer to investigate complaints of violations of city codes and to initiate enforcement proceedings relative thereto. The CEB and the special magistrate shall not have any independent authority to conduct their investigation of such complaints or to initiate enforcement proceedings. (b) Except as provided in subsections (e) and (f), if a violation of a code is found, the code enforcement compliance officer shall notify the violator by issuing a notice of violation in accordance with the requirements of subsection 10-345(a). If, upon reasonable investigation, a code enforcement compliance officer has reasonable cause to believe the violation continues to exist beyond the time specified for correction in the notice, the code enforcement compliance officer shall issue a citation to the violator in accordance with the requirements of subsection 10- 345(c). (c) The violator may elect to pay the fine set forth in the citation at any time prior to the hearing. If the violator elects to pay the fine prior to the hearing, it will be deemed as an admission of the commission of the violation and an order may be issued by the beard CEB or the special magistrate to that effect. If the violator does not pay the fine set forth in the citation prior to the hearing, the matter will be heard before the board CEB or the special magistrate. Further, if a violator fails to appear at the hearing to contest the violation, the violator shall be deemed to have waived his or her right to contest the violation. If the violation is correct and then recurs, or if the violation is not corrected by the time specified for correction in the notice of violation, the case may be presented to the beard CEB or the special magistrate even if the violation has been corrected prior to the hearing. (d) It is the responsibility of the violator to notify the city that the violation has been corrected. The violation will be deemed to have continued until the code enforcement compliance officer has determined that the violation has been corrected. (e) If a repeat violation is found, the code enforcement compliance officer shall notify the violator and advise him or her of the nature of the repeat violation, but is not required to give the violator a reasonable time to correct the repeat violation. The code enforcement compliance officer shall, upon notifying the violator of a repeat violation, issue a citation to the violator in accordance with the requirements of subsection 10-345(c). The violator may elect to pay the fine at any time prior to the hearing. However, the case may be presented to the beard CEB or the special magistrate even if the repeat violation has been corrected prior to the hearing and the board CEB or the special magistrate may determine and impose, as costs against the violator, reasonable enforcement fees incurred by the city. The repeat violator may choose to waive his or her rights to this hearing and pay said costs as determined by the beard CEB or the special magistrate. The beard CEB or the special magistrate shall also have the authority to levy a per day fine beginning on the day that the violation was first observed by the code enforcement compliance officer. 55 (Ordinances/Chapter 10) (f) If a code enforcement compliance officer has a reason to believe a violation presents a serious threat to the public health, safety and welfare or if the violation is irreparable or irreversible in nature, a code enforcement compliance officer shall make a reasonable effort to notify the violator of the same and may immediately issue a citation and schedule the matter for a hearing before the beard CEB or the special magistrate. (g) If the owner of the property which is subject to enforcement proceeding before the beard CEB or the special magistrate transfers ownership of such property between the time the notice of violation was served and the time of the hearing before the board CEB or the special magistrate, such owner shall: (1) Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee. (2) Deliver to the prospective transferee a copy of the notices, citations, and other materials relating to the code enforcement proceeding received by the transferor. (3) Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceeding. (4) File a notice with the code enforcement compliance officer of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within five (5) days after the date of transfer (h) A failure to make the disclosures described in subsections (1), (2) and (3) before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing before the board CEB or the special magistrate, the proceeding shall not be dismissed, but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held. (i) Each day that a violation exists shall constitute a separate violation for the purpose of assessing a fine by the board CEB or the special magistrate. (j) All fines imposed pursuant to this article shall be paid to the city through its finance department and shall be paid by cash or check with coins only being accepted for any amounts which may require change to pay the exact amount. Sec. 10-345. Notice of violations; repeat violators; citations. (a) Notice of violation. Prior to issuing a citation, a code enforcement compliance officer shall provide notice to the person that the person has committed a violation of a code and advise him or her of the nature of the violation and shall give the violator a reasonable time to correct the violation. Such reasonable time period shall be no more than thirty (30) days. However, a fire safety inspector as that term is defined in Section 633.052, Florida Statutes, shall provide the violator a minimum time period of forty-five (45) days to correct the violation except for major structural changes, which may be corrected within an extended adequate period of time. A safety violation as per Florida Fire Prevention Code may be ordered to comply in less than forty-five (45) days_ (b) Repeat violators. A code enforcement compliance officer does not have to provide a repeat violator with a reasonable time period to correct a repeat violation prior to issuing a citation and may immediately issue a citation if a repeat violation is found to exist or if there is reason to believe that the violation presents a serious threat to the public health, safety or welfare or if the violation is irreparable or irreversible. (c) Citations. A citation issued by a code enforcement compliance officer shall be in the form prescribed by the city and shall contain: (1) The date and time of issuance of the citation. 56 (Ordinances/Chapter 10) (2) The name and address of the person, if known, to whom the citation is issued. (3) The date and time the violation was first observed. (4) The section of the code that has been violated and a description of the nature of the violation. (5) The applicable civil fine as prescribed in section 10-348. (6) The necessary corrective action. (7) The name, work phone number and work address of the code enforcement compliance officer. (8) That it is the responsibility of the person to contact the city for an inspection when the violation is corrected and that the violation will be deemed to be in existence until the code enforcement compliance officer determines that the violation has been corrected. (9) The procedure for the person to follow in order to pay the applicable civil fine or to contest the citation; and, that if the person elects to pay the fine, it will be deemed as an admission of the commission of the violation. (10) That if the person fails to pay the fine, the violation will be heard before the Beard CEB or the special magistrate and the date, time, and place that said hearing will be conducted. (11) A conspicuous statement that if the person fails to appear at the hearing to contest the violation, the person shall be deemed to have waived his or her right to contest the violation and that, in such case, an order may be entered against the person for an amount up to the maximum civil fine in accordance with section 10-348. (d) After issuing a citation to an alleged violator, the code enforcement compliance officer shall deposit the original citation in a file for the beard CEB or the special magistrate and shall deposit one copy thereof with the city clerk's office city's finance director. Sec. 10-346. Conduct of hearing. (a) Hearings shall be held once a month, but may be held more or less often as the demand necessitates. Minutes shall be kept of all hearings and all such hearings shall be open to the public. The city manager or his designee shall provide clerical and administrative personnel as may be reasonably required for the proper performance of his or her duties. At any hearing, the beard CEB or the special magistrate may continue any matter to a future hearing date. (b) Each case before the board shall be presented by a code enforcement compliance officer, a member of the city administrative staff, the city attorney, any assistant city attorney or any special counsel. If the city prevails in prosecuting a case before the board, it shall be entitled to recover all costs incurred in prosecuting said case and such costs may be added to the fine and become part of any lien authorized under section 10-347. (c) The beard CEB or the special magistrate shall proceed to hear the cases on the agenda for the respective hearing. All testimony shall be under oath and shall be recorded. Formal rules of evidence shall not apply, however, fundamental due process shall be observed and shall govern all proceedings. Both the City and the alleged violator shall have the right to subpoena witnesses to testify at the hearing. (d) At the hearing, the beard CEB or the special magistrate shall advise the alleged violator of the section of the code of which he or she is accused of violating and the nature of the violation. The beard CEB or the special magistrate shall first seek to determine whether or not the alleged violator admits the violation. If the alleged violator admits the violation, the beard CEB or the special magistrate shall hear such testimony and evidence as he or she deems necessary to determine the extent of the violation and appropriate fine amount. If the alleged violator denies that a violation has occurred, the bead CEB or the special magistrate shall hear first from the city and any city witnesses and evidence, and the alleged violator shall have the 57 (Ordinances/Chapter 10) right to cross-examine city witnesses. At the close of the presentation of the city's case against the alleged violator, the alleged violator shall be permitted to present his or her evidence, testimony of other witnesses and his or her own testimony in his or her defense. The city shall have the right to cross-examine the alleged violator and his or her witnesses. The city shall have the burden of proving the violation by a preponderance of the evidence. (e) At the conclusion of the hearing, the bead CEB or the special magistrate shall issue findings of fact based on the evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with the powers granted herein. The order may include a notice that it must be complied with by a specified date, that a fine may be imposed for noncompliance, and the cost of repairs may be included along with the fine under the conditions specified in section 10-347 if the order is not complied with by the prescribed date. A certified copy of such order may be recorded in the public records of Volusia County and shall constitute notice to any subsequent purchasers, successors in interest or assigns if the violation concerns real property and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest or assigns. If an order is recorded and the order is complied with by the date specified in the order, the city shall record an order acknowledging compliance of the code violation and satisfaction of the fine. A hearing is not required for the issuance of such an order acknowledging compliance. (f) In addition to the provisions of subsection (e) of this section, in cases involving a criminal street gang, a drug-related, or a prostitution-related public nuisance, a special magistrate may declare the place or premises to be such a public nuisance, as defined in this article, and may enter an order requiring the owner of such place or premises to adopt such procedure as may be appropriate under the circumstances to abate any such nuisance or may enter an order immediately prohibiting: (1) The maintaining of the nuisance; (2) The operating or maintaining of the place or premises, including the closure of the place or premises or any part thereof; or (3) The conduct, operation, or maintenance of any business or activity on the premises which is conducive to such nuisance. (g)An order entered under this subsection (f) shall expire after one (1) year or at such earlier time as may be stated in the order. (h) An order entered under this subsection (f) may be enforced pursuant to the procedures contained in F.S. § 120.69. This subsection shall not be construed as subjecting the city or special magistrate to any other provision of F.S. Ch. 120. Sec. 10-347. Administrative fines and liens. (a) Order imposing fine. The beard CEB or the special magistrate, upon notification by a code enforcement compliance officer that a previous order of a beard CEB or the special magistrate has not been complied with by the prescribed time or upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in this article for each day the violation continues past the date set by the board for compliance; or in the case of a repeat violation, for each day the repeat violation continues to exist, beginning with the date the repeat violation is found to have occurred by the code enforcement compliance officer. Further, if the violation is a violation described in subsection 10-344(f), the beard CEB or the special magistrate shall notify the city manager or city council, which may authorize and take make all reasonable remedial actions repairs that are required to bring the property into compliance, and the reasonable cost of those remedial actions repairs may be charged against the violator along with any fine imposed pursuant to this article. Taking Making such remedial actions repairs does not create a continuing obligation on the part of the city to make further repairs or to maintain the property and does not create any liability against the city for any 58 (Ordinances/Chapter 10) damages to the property if such remedial actions repairs were completed in good faith. If a finding of a violation or a repeat violation has been made as provided in this part, a hearing shall not be necessary for issuance of the order imposing the fine. If, after due notice and hearing, the beard CEB or the special magistrate finds a violation to be irreparable or irreversible in nature, the beard CEB or the special magistrate may order the violator to pay a fine as specified in subsection(b). (b) Amount of administrative fine. The CEB or the special magistrate beard may impose the applicable civil fine prescribed in section 10-348 or may determine and impose a fine up to the maximum amount described in this subparagraph as provided below: (1) A fine imposed pursuant to this section shall not exceed $250.00 per day for the first violation and shall not exceed $500.00 per day for a repeat violation and, in addition thereto, may include all costs of remedial repairs pursuant to subsection (a). However, if the beard CEB or the special magistrate finds the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000.00 per violation. (2) In determining the amount of the fine, if any, the beard CEB or the special magistrate shall consider the following factors: a. The gravity of the violation. b. Any actions taken by the violator to correct the violation; and c. Any previous violations committed by the violator. (3) Each day a violation exists shall constitute a separate violation for the purpose of assessing such a fine. (c) Reduction of the fine. Once a violation has been brought into compliance, the beard City Manager or his/her designee may reduce any fine imposed pursuant to this article however, said reduction shall not be less than the costs and expenses incurred by the City. Only the City Manager may reduce any fine imposed pursuant to this article less than the costs and expenses incurred by the City. (d) Lien for unpaid fine. A certified copy of the order imposing fine or a fine plus repair costs, may be recorded in the public records of Volusia County and shall thereafter constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including execution any levy against the personal property of the violator, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this section shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this article, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the city and the city manager may authorize the execution of a satisfaction and release of lien entered pursuant to this article. After three months from the filing of any such lien which remains unpaid, the city may authorize the city attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest. No lien created pursuant to the provisions of this section may be foreclosed on real property that is homestead under section 4, article X of the Florida Constitution. (e) Fee for lien inquiry/report. A fee shall be charged per parcel of property for searching the city's official records and producing a city lien inquiry/report. Said fee shall be established and modified from time to time as needed by resolution of the city council. Said report shall contain all code enforcement, special assessment and any and all other city liens on the property that are reasonably ascertainable by search of the city's official records. The form of the report shall be in the manner prescribed by the city manager or his/her designee. A copy of the report shall be filed with the finance department. 59 (Ordinances/Chapter 10) Sec. 10-348. Classification of violations and a schedule of civil fines, penalties and/or costs. The city hereby authorizes and provides for classifications of violations and a schedule of corresponding civil fines, penalties and/or costs to be established and modified from time to time, as needed by resolution of the city council Sec. 10-349. Notices. (a) All notices required by this article shall be provided to the alleged violation violator by: (1) Certified mail, return receipt requested to the address listed in the tax collector's assessor's office for tax notices or to the address listed in the county property appraiser's database. The City may also provide additional notice to any address it may find for the property owner. For property owned by a corporation, notices may be provided by certified mail to the registered agent of the corporation. If any notice sent by certified mail is not signed as received within 30 days after the postmarked date of mailing notice may be provided by posting as described in subsection(b)(2) or; (2) By hand delivery by the sheriff or other law enforcement officer, or code enforcement compliance officer;:or (3) By leaving the notice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice; or (4) In the case of commercial property, leaving the notice with the manager or other person in charge. Further, in the event notice is provided by certified mail, return receipt requested and using the same address by regular U.S. mail deliver and said additional notice is not returned to (b) In addition to providing notice as set forth in subsection (a) notice may also be served by publication or posting, as follows: (1) Such notice shall be published once during each week for four consecutive weeks (four publications being sufficient) in a newspaper of general circulation in Volusia County. The newspaper shall meet such requirements as are prescribed under F.S. chapter 50 for legal and official advertisements. Proof of publication shall be made as provided in F.S. §50.041 and 150.051. (2) In lieu of publication as described in paragraph (b)(1), such notice may be posted for at least ten days in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be at city hall. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. (3) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under subsection (a). Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (a), together with proof of publication or requirements of this section having been met, without regard to whether or not the alleged violator actually received such notice. (c) The provisions of this section shall not apply to the enforcement, pursuant to F.S. 4§553.79 and 053.80, as amended from time to time, of the building codes adopted pursuant to F.S. §553.73 as they apply to construction, provided that a 60 (Ordinances/Chapter 10) building permit is either not required or has been issued. For purpose of this section, building codes mean only those codes adopted pursuant to F.S. §533.73. (d) Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (a), together with proof of publication or posting as provided in subsection (b), shall be sufficient to show that the notice requirements of this part have been met, without regard to whether or not the alleged violator actually received such notice. Sec. 10-350. Appeals. Except as otherwise provided herein, an aggrieved party, including the city, may appeal a final administrative order of the board by certiorari to the Circuit Court of Volusia County. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the code enforcement board or special magistrate. An appeal shall be filed within 30 days for the execution of the order to be appealed. Article XXVIII. Property Maintenance Nuisance and Abatement Sec. 10-400. Property maintenance nuisance conditions; abatement; notice and hearing; lien for expenses. (a) It is declared by the city council that the following shall each individually or in combination be a property maintenance nuisance when they exist upon any right- of-way,parcel, lot, lots, adjacent lots, or property: 1. Any dead, damaged or diseased tree, located within 35 feet of any public roadway, public or private sidewalk that is adjacent to a public roadway, or any developed property when the tree has been declared a hazard by a code enforcement officer or an arborist. 2. Grass, weeds, brush and undergrowth (specifically excluding trees, planted ornamental shrubs and saw palmettos) that are allowed to reach a height in excess of 12 inches on an improved or developed lot, which impair or may impair the economic welfare of the adjacent property, contribute to a fire hazard and/or create a health hazard when any part of those growths are located on any lot adjacent to the boundary of any developed lot. 3. Accumulation of waste, yard trash, or rubble and debris that may harbor rodents or snakes or that may contain pools of water that may serve as breeding grounds for insects or other disease transmitters. (b) If the Code Enforcement Officer determines that a property maintenance nuisance exists on any lot, tract, or parcel of land within the city, the Code Enforcement Officer shall provide notice to the violator. The notice shall have the following information: 1. The name and address of the property owner. 2. The location of the property maintenance nuisance. 3. The date and time the property maintenance nuisance notice was issued. 4. The date and time the property maintenance nuisance was first observed. 5. The section of the code that has been violated and a description of the nature of the property maintenance nuisance. 6. Necessary corrective action. 7. The name and contact information of the Code Enforcement Officer issuing the notice. 61 (Ordinances/Chapter 10) 8. The date in which the violation must be corrected. The violator has 10 business days to correct the property maintenance nuisance from the date the notice was issued as outlined in section 10-400(c). 9. A conspicuous statement that the city will correct the property maintenance nuisance and shall place a lien against the property for all cost incurred if the violation isn't corrected or a request for a hearing isn't received by the indicated date on the notice. (c) All property maintenance nuisances notices required by this article shall be provided to the alleged violator by: 1. Certified mail, return receipt requested to the address listed in the tax collectors office for tax notices, or to the address listed in the county property appraiser's database. The City may also provide additional notice to any address it may find for the property owner. For property owned by a corporation, notices may be provided by certified mail to the registered agent of the corporation. The code enforcement officer shall post a copy of the notice of property maintenance nuisance at the property upon which the violation is alleged to exist and at city hall. Proof of posting shall be by affidavit of the person posting the notice; or 2. By hand delivery by the code enforcement officer; or 3. In the case of commercial property, leaving the notice with the manager or other person in charge. (d) Evidence that an attempt has been made to hand deliver or mailing notice and posting shall be sufficient to show that the notice requirements have been met, without regard to whether or not the alleged violator actually received such notice. (e) If the owner does not correct the condition and does not request a hearing within the ten-day period, the city shall have the condition abated and shall have a lien against the property for cost incurred. (f) If a hearing is requested, it shall be held before the Citizens Code Enforcement Board or a Special Magistrate. The issues to be determined shall be whether the condition that exists constitutes a property maintenance nuisance as outlined in section 10-400(a). Upon appropriate findings, the Citizens Code Enforcement Board or a Special Magistrate shall direct the owner of the property to correct the nuisance conditions within ten days, after which the city shall correct the nuisance conditions and shall have a lien against the property for all cost incurred. (g) Costs shall include the cost of correcting the violation, together with any other expenses, which the city has incurred. Sec. 10-401. Imminent health hazards on private property. When an imminent health hazard exists on private property, the city is authorized to enter the private property and remove the imminent health hazard after all reasonable efforts have been made to contact the owner. The owner shall be responsible for any costs incurred by the city for abatement of the hazard, and a lien shall be imposed on the property in accordance with section 10-347. Sec. 10-402. Alternate method of enforcement. It shall be unlawful for any person owning property in the city to allow a lot to exist in a property maintenance nuisance condition as described in the article. As an alternative to the procedures of this article at the option of the Code Enforcement Officer, violations of this article may be enforced by article XXVII or any other means available as provided by city ordinance or by law. 62 (Ordinances/Chapter 10) Secs. 10-403 — 10-499. Reserved. Article XXVIV. Maintenance Of Commercial Properties Sec. 10-500. -Minimum standards. The minimum standards for the maintenance of commercial properties are as follows: (1) All buildings and walls shall present a neat and clean appearance and be free of all peeling paint, mildew, rust, graffiti, dirt, and deteriorated or mismatched roofing material. (2) Nonfunctional elements on any building, structure, or premises, such as unused soles, brackets, empty electrical conduit, etc., shall be removed and the remaining surface shall, if damaged, be repaired or rebuilt to match adjacent surfaces and to the original condition. All loose wires and/or conduits shall be secured. (3) Awnings shall be properly maintained and present a neat and clean appearance. Awnings shall be deemed as non-maintained if any part thereof is broken, tattered, torn, faded, or otherwise in disrepair. (4) All roofs, gutters, and downspouts shall be maintained to prevent damage to the structure and adjoining properties. (5) All parking areas shall be kept free of weeds, trash and debris. Potholes and broken pavement shall be repaired. Paving and striping shall be maintained to a neat and clean appearance. (6) Landscaping shall be maintained in a healthy condition, including but not limited to, sufficient watering and trimming. Landscaping shall be reasonably free of weeds and foreign matter. (7) All grass covered areas shall be maintained in a healthy condition, including but not limited to, sufficient watering and maintenance as outlined in Section 10-98. (8) The premises shall be free of any condition that tends to or could hamper or interfere with the suppression of fire or the use of emergency vehicles upon the premises or adjacent premises. (9) All retaining walls, nonstructural walls, dumpster enclosures, fences, lighting devices and supports and outdoor seating areas shall be maintained to a neat, clean, and functioning condition with a clean appearance. Secs. 10-501 - 10-599. Reserved. 63 (Ordinances/Chapter 10) AGENDA REQUEST C.A. #2014-CPA-1402 Date: March 13, 2014 PUBLIC HEARING X RESOLUTION ORDINANCE April 7, 2014 BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 1St Reading—Ordinance No. 2014-0-12 Amend the Comprehensive Plan to update the Capital Improvements Element(CIE)and the accompanying Capital Improvements Program (CIP). APPLICANT/AGENT: City of Edgewater REQUESTED ACTION: Amend the Comprehensive Plan to update the Capital Improvements Element(CIE)and the accompanying Capital Improvements Program (CIP). BACKGROUND: The CIE identifies the capital improvements that are necessary for implementation of the Comprehensive Plan and ensure maintenance and achievement of Level of Service (LOS) standards for concurrency- related facilities, i.e. transportation, potable water, sanitary sewer, schools, recreation and open space, stormwater and solid waste. The Five-Year Capital Improvement Schedule no longer has to be financially feasible pursuant to the 2011 Community Planning Act (HB7207). Projects necessary to ensure that any adopted level-of-service standards are achieved and maintained for the 5-year period must be identified as either funded or unfunded and given a level of priority for funding. Comprehensive Plan Consistency The amended CIE shall be submitted to the Florida Department of Economic Opportunity after adoption. Other Matters At their regular meeting held on March 12, 2014, the Planning and Zoning Board voted 6-0 to send a favorable recommendation to City Council for the annual update and amendments to the Capital Improvements Element(CIE)and the accompanying Capital Improvements Program(CIP). STAFF RECOMMENDATION: Staff recommends approval of the annual update and amendments to the Capital Improvements Element (CIE)and the accompanying Capital Improvements Program(CIP). ACTION REQUESTED: Motion to approve Ordinance 2014-0-12;the annual update and amendments to the Capital Improvements Element(CIE)and the accompanying Capital Improvements Program(CIP). FINANCIAL IMPACT:(Finance Director)N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM # Respect i submitted, ) Concurrence: t.r.► !., A 11 1y `Th l ter,1,_, Darren Lea I Robin L. Matusick Development Services Director Paralegal /1 racey . Barlow City ■, anager rlm ORDINANCE NO. 2014-0-12 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 2013-0-03 AS AMENDED, BY AMENDING THE COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT PROVIDING FOR PUBLICATION, HOLDING PUBLIC HEARINGS, TRANSMITTING THIS ADOPTED COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCY THAT HAS REQUESTED A COPY OF THE PLAN AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, from time to time it becomes necessary to amend the City of Edgewater Comprehensive Plan, and WHEREAS, the laws of Florida require the City to update the Capital Improvements Schedule annually. WHEREAS, the existing Capital Improvements Element includes the 5-year schedule of projects that must be updated to reflect the City's current 5-year plan, and WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency, held an advertised Public Hearing pursuant to 163.3184(11) & 163.3174(4) (a), Fla. Stat. (2011), on Wednesday, March 12, 2014 on the proposed Plan Amendment and following that Public Hearing voted and recommended that the City Council approve the aforesaid Amendment to the City's 2012 Comprehensive Plan; and WHEREAS, the City Council hereby declares that the purpose and intent of the proposed amendment to the Comprehensive Plan is to guide future growth and development; encourage the best use of land, water and other resources to promote and protect the general welfare of the public. Struck through passages are deleted. 1 Underlined passages are added. #2014-0-12 NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: PART A. AMENDMENT. Amending the Capital Improvements Element hereby described in Exhibit "A". PART B. PUBLICATION. Notice of this proposed change of the Edgewater Comprehensive Plan shall be published in the manner prescribed by 163.3184(11), Fla. Stat. (2011). The advertisement shall substantially be in the following form: Notice of Comprehensive Plan Amendment The City of Edgewater proposes to adopt the following ordinance: ORDINANCE NO. 2014-0-12 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 2013-0-03 AS AMENDED, BY AMENDING THE COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT PROVIDING FOR PUBLICATION, HOLDING PUBLIC HEARINGS, TRANSMITTING THIS ADOPTED COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCY THAT HAS REQUESTED A COPY OF THE PLAN AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING FOR AN EFFECTIVE DATE. A public hearing on the ordinance changing the Comprehensive Plan will be held on April 7, 2014 at 6:00 p.m. at the Community Center, 102 N. Riverside Drive, Edgewater, Florida 32132. PART C. PUBLIC HEARINGS. As a condition precedent to the adoption of this ordinance amending the City's 2012 Comprehensive Plan, the City Council shall hold at least two advertised public hearings on the Struck gh passages are deleted. 2 Underlined passages are added. #2014-0-12 proposed comprehensive plan or plan amendment as follows: The first public hearing shall be held at the transmittal stage pursuant to subsection 163.3184(11) (b), Fla. Stat. It shall be held on a weekday at least 7 days after the day that the first advertisement is published. The second public hearing shall be held at the adoption stage. It shall be held on a weekday at least 5 days after the day that the second advertisement is published. 163.3184, Fla. Stat. (2011). PART D. CONFLICTING PROVISIONS. All ordinances and resolutions, or parts thereof that are in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART E. EFFECTIVE DATE. This ordinance shall become effective upon its final adoption and as provided by general law. PART F. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART G. ADOPTION. After a motion by , with second by , the vote on the first reading of this ordinance held on April 7, 2014 is as follows: Struck through passages are deleted. 3 Underlined passages are added. #2014-0-12 AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter After a motion by with second by , the vote on the second reading/public hearing of this ordinance held on , 2014 is as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter PASSED AND DULY ADOPTED this day of , 2014. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal Struck through passages are deleted. 4 Underlined passages are added. #2014-0-12 For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this day legality by: Aaron R. Wolfe, Esquire of , 2014 under Agenda Item No. City Attorney Doran, Sims, Wolfe & Kundid Struck gh passages are deleted. 5 Underlined passages are added. #2014-0-12 EXHIBIT A Stfuek-threttgh passages are deleted. 6 Underlined passages are added. #2014-0-12 CITY OF EDGFWATFR, FL . , ie y ''*- , i r _.,„..._.---.z................„._, _, „allii_w_., 7,...„-,41iier--, ......„; AILS j \ n�. ,.W1111.111.1111115,3. fit .. . y , . E ,'iii ��t* City of Inc. 1951 CAPITAL IMPROVEME\T PROGRAM FY 2012-2013 TO 9016-? 017 FY 2013-2014 TO 2017-2018 The Capital Improvement Program as set forth in this document is a long range planning tool for the City of Edgewater. The document reflects five years of capital outlay with the first year officially adopted as part of the fiscal year 2012=2013 2013-2014 budget by the City Council.The remaining years in the CIP serve as a planning guide,which is reviewed annually. The Capital Improvement Program(CIP)provides a planned and programmed approach to utilizing the City's financial resources in the most responsive and efficient manner to meet its service and facility needs. The CIP serves as a"blueprint"for the future of the community. Development of the CIP requires integration of financial,engineering,and planning functions. The CIP also incorporates needs identified in the Capital Improvements Element(CIE).The CIE focuses on anticipated infrastructure requirements for six facility types: Parks&Recreation, Solid Waste, Stormwater,Transportation,Water and Wastewater. The CIE focuses on service level standards and the land use plan adopted by the City Council in order to preclude deficiencies in adopted level of services. The CIP is developed to achieve the following results: * Consolidating and coordinating all department requests with the goal of reducing unnecessary delays and coordinating individual departments'improvement programs. * Establishing a system of procedures and priorities by which each proposal can be evaluated in terms of public need,the comprehensive planning of the area and the interrelationships of projects and cost requirements. * Scheduling capital projects over an extended period so the most efficient financial plan for the CIP can be achieved. Table 1 City of Edgewater Capital Improvement Schedule Fiscal Years Ending 20134017-2014-2018 Project 2012-2013 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 Total ENVIRONMENTAL SERVICES: Replacem-Project $6,347,283 $6,317,283 $ $20;000 R S•P Paint Che meal Fccd Rom $180;000 $ 2.5 MGD Wastewater Treatment Plant $7,500,000 $6,500,000 $14,000,000 SE Service Area Reclaimed Improvements $5,000,000 $5,000,000 Wells 21-24 and raw water mains $2,300,000 $2,300,000 $4,600,000 ReelaifftWater Improvements $210,893 $210,893 Lift-Station-1-Rehab $175;000 X090 $431,600 $A�00 Pelymer-Statien Replacements $30;000 $30;000 9 $25;099 Lime Slaker Replacements $300,000 $300,000 Unspecified Water s$200,000 $200,000 8200.000 8400.000 Unspecified Sewer $200;000 $200,000 $200,000 8400.000 Unspecified Reclaimed $50;000 $50,000 $50.000 8100.000 Unspecified Stormwater 8225.000 8225.000 Land Acquisition for new $1,958,853 Public Works Site _ 81.080.000 $1,958,853 81.080.000 MIEX Pretreatment $x,099090 Improvement at ARTWTP $3,000,000 $3,000.000 86.000.000 Hart Ave.Design and Grant $20000 $600,500 Application $400-,500 8300.000 $300.000 Lamont Street&Riverside Drive CIP Project $250,000 $250,000 East Palm Way&Riverside Drive CIP Project $250,000 $250,000 East Turgot Avenue& Riverside Drive CIP Project $225,000 $225,000 C2 03 Pearl St Pipe Crossing $175;000 $175, 00 $200090 $200;000 Juniper Dr.Culvert Replacement $97.824 897.824 26'''St.Culvert Replacement $105.086 8105.086 Monson&Riverview Dr. 8336.650 8336.650 Public Works Complex Design/Construction 8120.000 $750.000 8870.000 10'''Street Water Line 825.000 825.000 Hart Ave.Water Line Improvements 8100.000 8100.000 Table 1 City of Edgewater Capital Improvement Schedule Fiscal Years Ending 2013-2017-2014-2018 Project 20122013 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 Total Sludge Loading Area Roofover 540.000 $40,000 Chemical Feed Pumps 532.500 532.500 Lift Station Telemetry 525.000 525.000 Future Year Expenditure $1,208,853 $1,708,853 (Figures Are Cumulative) $958,853 5830.000 $1,158,853 5250,000 $500,000 $1.580.000 Environmental Services 9,074,129 $1,7083853 $16,5083853 $10,758,853 $5,633,853 $43-,684 Totals $2,312,060 $16.130.000 $9.300.000 $4.175.000 $4,425,000 $36.342,060 LEISURE SERVICES: $361,939 Hawks Park Improvements $71,939 $57,000 $74,000 573.000 572.000 $71,000 $347,000 Hawks-Park X118,000 $$40;000 Rotary-Park-Redesign $20,000 $20,000 Ha k We11 tvay Wig $20;000 $20;000 Skew* $417300 $41,300 $400;000 $100;000 $75;000 $75,000 Rotary Park Expansion $153.978 5153,978 Kennedy Park Seawall 535.000 535.000 $500 Current Year Unreserved $100 $400 $100 $100 $100 5100 $400 $74,100 $7-3,100 $72,400 $71,100 $731,739 Leisure Services Totals $111,339 $245,978 $74,100 $73,100 $72,100 $71.100 $347,400 PUBLIC WORKS: $2,202,691 Road Repaving $202,691 5240.441 $500,000 $500,000 $500,000 5500.000 52240,441 Signalize SR442 Q I-95 $287,516 5287.546 $287,546 Indian River Blvd.Extension (approx.1 mile) $4;604460 54.604.160 $4,604,160 US 1 Sidewalk Construction $1100;000 $1,180;808 550.000 550.000 Flagler Avenue Sidewalk 338045 Construction 537.000 $386;665 $37,000 Old County and Turgot Sidewalks 587.182 587.182 Park Ave./Old Mission Road Intersection 560.000 560,000 $6031,706 $8863665 $5083000 000,009 $80-1,065 Public Works Totals $202,694 $474,623 $500,000 $500,000 $5,391,706 $500,000 $7,366,329 $85274,659 $1754685618 $11030395-3 $6,284,953 $52,997,315 Total $9,-718,162 $3,032,661 $16,704,100 $9,873,100 $9,638,806 $4.996.100 $44,244,767 CAPITAL IMPROVEMENT PROGRAM TOTAL FUNDING SOURCES FY12 13 FY13-14 FY14-15 FY 15-16 FY 16-17 FY 17-18 FIVE YEARS General Fund Transfer from General Fund $438994 $600;800 $500,000 $500400 $5004:90 $0438;994 $354,056 $325,000 $325,000 $325,000 $325,000 $1,654,056 Transfer from Grant Fund-CBDG $77839 $74,000 $73,000 $72,000 $71,000 $364;939 $166,160 $74.000 $73,000 $72,000 $71,000 $456,160 Trap er from Recreation Fund $430,008 $430800 $25,000 $25,000 Unfunded!Future Year Revenue $5,8947706 $386,665 $6478,374 $4,891,706 $4,891,706 LOGT 5 Cent $175,385 $175,000 $175,000 $175,000 $175,000 $875,385 Interest $400 $400 $100 $100 $100 $100 $600 $400 General Fund Totals $6447033 $4342744443 547920;430 $5727100 $6747100 $46486,7-6 $720,601 $574,100 ;573,100 $5,463,806 $571,100 $7,902,707 Water and Sewer Fund Transfer from Operating Revenues $350,000 $300,000 $450980 $4504109 $450,089 $2,000,000 $200,000 $450,000 $450,000 $450,000 $450.000 $2.000.000 Transfer from Water Development Fees $7-57000 $265.000 $75;888 $265,000 Transfer from Sewer Development Fees $76,800 $25,000 $75;000 $25,000 Debt Proceeds $6;347283 $14.350,000 $8.350,000 $3,000,000 $3,000,000 $6;347,283 *28.700.000 Prior Year Carry Forward $492;493 $11,350,000 $8,350,000 $3,0807900 $26,192,403 $32.500 *32.500 Water and Sewer Fund Totals $7339,776 $300,000 $14,800,000 $8,800,000 $3,450,000 $34688476 $522,500 $3,450,000 $31,022,500 Stormwater Fund Transfer from Operating Revenues $595;500 $200,000 $250,000 $250,000 $225,000 $225,000 $1,520,500 $53,001 $1,003,001 Prior Year Carry Forward $480;800 $180,000 $786.559 $786,559 Stormwater Fund Totals $71-67600 $200,900 $250;000 $260,000 $226,080 $44087680 $839,560 $250,000 $250,000 $225,000 $225,000 $1,789,560 Public Works Complex Fund Transfer Refuse $2027927 $200,008 $200,000 $2000000 $200,000 $4,0024327 $50,000 $200,000 $200,000 $200,000 $200,000 $850,000 Transfer Stormwater $50,009 $50,000 $50,000 $50,000 $50,000 $50,000 $250,000 Prior Year Carry Forward $705,826 $96$863 $1,288,853 $1,458,853 $1,7087863 $6,0117336 $850,000 $830,000 $250,000 $500,000 $2,430,000 Public Works Complex Funds Totals $968,853 $27108863 $2488453 $17908,863 $21408,663 $77294,265 $950,000 $1,080,000 $250,000 $500,000 $750,000 $3,530,000 Total Revenues from All Sources $91718,162 $8,274,669 $47,468,618 $41,330,953 $671047963 $6.2:99-77346 53.032,661 $16,704,100 $9.873,100 $9,638,806 $4,996,100 $44,244,767 SUMMARY OF CAPITAL IMPROVEMENTS Facility Type FY 12 13 FY 13-14 FY14-15 FY15-16 FY16-17 FY17-18 Total Environmental Services $9,074,120 $177087863 $46,508,853 $40,758 $67833453 $13,681,541 $1,362,060 $15,050,000 $9,050,000 $3,675,000 $3,675,000 Leisure Services $111,339 $74,100 $737100 $7271-00 $7-17400 $731,730 $245,978 $74,000 $73,000 $72,000 $71,000 $535,978 Public Works $202,694 $6491,706 $886666 $600,000 $600,000 $8881,085 $1,424,623 $1,580,000 $750,000 $5,891,706 $1,250,000 $3,530,000 Current Year Unreserved $100 $100 $100 $100 $400 Total Capital Improvements Funded $9,718,162 $944-8462 $3,032,661 $3,032,661 Total Capital Improvements Unfunded $8,274669 $47,468;618 $14330,,963 $6,204,953 $43,2794483 $16,704,100 $9,873,100 $9,638,806 $4,996,100 $41,212,106 Total Capital Improvements $9,718,162 $8474,669 $47,,468,648 $11,330,953 $6,204,963 $62997,3346 $3,032,661 $16,704,100 $9,873,100 $9,638,806 $4,996,100 $44,244,767 SUMMARY OF COMMITTED AND PLANNED FUNDS Fund FY 12 13 FY 13-14 FY14-15 FY15-16 FY16-17 FY17-18 Total General Fund $6447033 $6,5667806 $9597765 $6-7-27100 $57-171-00 $9731-27804 $720,601 $574,100 $573,100 $5,463,806 $571,100 $7,902,707 Water and Sewer Fund $7,339,776 $300,000 $14,800,000 $8,800,000 $3,450,000 $3,450,000 $34,689,776 $522,500 $31,022,500 Stormwater Fund $77-67600 $200,000 $250,000 $250,000 $225,000 $1,700,500 $839,560 $225,000 $1,789,560 Public Works Complex Fund $968,853 $172087863 $47458,863 $1,7987853 $4958453 $7,294,266 $950,000 $1,080,000 $250,000 $500,000 $750,000 $3,530,000 Total Committed and Planned Funds $9448,162 $872747668 $4-77468;448 $11-17330463 $6,204963 $52,997,,346 $3,032,661 $16,704,100 $9,873,100 $9.638.806 $4,996,100 $44,244,767 **Figures are Cummulative ' t00 U) 0 (0 O (D r 0 0 0 C3 CD O O OO N O r M O OO Oh et (� et0 N 0000000)) O V N- t0 (DNfu) N 0v N-0NU) N0 (>) N N :ill Y V' tO N OD 00) r N 0 N (0() C) 't e- CD M O n O ��v h: M� F F O(» � s, �„ a 1 0 0 0 O O O O O O N O 0 0 0 e- O O O .-ir he 0 O O N N C a`(9 b9 rA I , o00 00 (o oo(0 0 o 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INTRODUCTION 1 B. CAPITAL IMPROVEMENTS INVENTORY 2 1. Needs Derived from Other Elements 2 2. Existing Financial Resources 7 3. Local Revenue Sources 7 4. State Sources 10 C. FEDERAL AND STATE GRANTS AND LOANS 11 D. LOCAL POLICIES AND PRACTICES 14 1. Level of Service Standards 14 2. Capital Improvements Program (CIP) 15 3. Impact Fees 16 4. Utility Service Areas 16 5. User Charges and Connection Fee 17 6. Concurrency Management System 17 7. Mandatory Dedication or Fees in Lieu Of 17 8. Moratoria 18 E. FINANCIAL ANALYSIS 18 1. Fiscal Assessment 18 F. GOALS, OBJECTIVES,AND POLICIES 28 Adopted on Datc: 01/01/2013 Ordinance No. 2013 0 03 IX-u CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT CONCURRENCY MANAGEMENT A. PUBLIC FACILITIES, CAPACITIES AND LEVEL-OF-SERVICE INVENTORY FOR CONCURRENCY MANAGEMENT CM 1 1. Transportation CM 1 2. Sanitary Sewer CM 1 3. Potable Water CM 2 4. Solid Waste Disposal CM 2 5. Stormwater Drainage CM 2 6. Recreation and Open Space CM 2 7. Public Schools CM 3 B. CONCURRENCY ASSESSMENT CM 3 1. Sanitary Sewer, Solid Waste, Drainage, and Potable Water Facilities CM 4 2. Parks and Recreation Facilities CM 4 3. Transportation Facilities CM 5 4. School Facilities CM 6 C. GENERAL RULES FOR CONCURRENCY ASSESSMENT CM 6 1. Existing Deficiencies CM 6 2. Approved Impacts CM 6 3. Phasing CM 6 4. Time Specific Approval CM 7 5. Additional Information CM 7 6. Transportation CM 7 7. Sanitary Sewer CM 7 8. Potable Water CM 8 9. Solid Waste CM 8 10. Stormwater Drainage CM 8 11. Recreation CM 9 D. GOALS, OBJECTIVES,AND POLICIES CM 10 Adoptcd on Datc: 01/01/2013 Ordinance No. 2013 0 03 IX-iii CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT LIST OF TABLES Table 1: City of Edgewater Capital Improvement Schedule Fiscal Years Ending 2013 2017 2014-2018 3 Table 2: 2013 2017 2014-2018 Volusia County School District Five-Year Work Program 6 Table 3: Adjusted Taxable Income Projections 20 Table 4: Ad Valorem Tax Yield Projections 20 Table 5: Revenue Projections Affecting Capital Improvements 20 Table 6: Expenditure Projections for Scheduled Capital Improvements 22 Table 7: Debt Service Expenditure Projections 23 Table 8: Annual Operating Expenditures 24 Table 9: Fiscal Assessment No. 1 25 Table 10: Anticipated Increase in Ad Valorem Tax Revenue Projections 26 Table 11: City of Edgewater Five Year Schedule of Improvements Fiscal Years Ending 2013 2017 2014-2018 37 Table 12: Long Term (10 year) Transportation Improvements 39 Table CM-I: Level-of-Service Standards CM 13 LIST OF FIGURES Figure 1: Federal Grant Agencies and Program Titles 13 Adoptcd on Date: 01/01/2013 Ordinance No. 2013 0 03 IX-iv CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT CHAPTER IX CAPITAL IMPROVEMENTS ELEMENT A. INTRODUCTION The purpose of the Capital Improvements Element (CIE) is to evaluate the need for public facilities as identified in other Elements of this Plan. In addition, the Capital Improvements Element will present an analysis of the fiscal capability of the City to fund needed public facilities, recommend financial policies to guide the funding of those identified improvements, and to schedule the funding and construction of improvements in a manner necessary to ensure that capital improvements are provided when required. Needed capital improvements are those which are necessary to meet the adopted level of service (LOS) standards identified in other Elements of this Plan. The City's public facilities which require identification and funding are: • Transportation Element — Roadways which are under the jurisdiction of the City, and those roadways which the City wishes to aid in funding improvements. • Sanitary Sewer Sub-Element—Sanitary sewer treatment and effluent disposal facilities necessary to serve the existing and future population of the City. In addition, recommendations for capital improvements and policies to ensure adequate sanitary sewer collection facilities. • Solid Waste-Sub Element — Solid waste disposal facilities to service the City's existing and future population, coordination with Volusia County to ensure those facilities are available when needed and recommendations for adequate solid waste collection methods. • Stormwater Sub-Element— Drainage systems necessary to meet recommended LOS standards for stormwater quality and conveyance and coordination with Volusia County for improvements to systems in basins which serve the City but are outside its jurisdiction. • Potable Water Sub Element—Potable water treatment facilities necessary to service the existing and future population of the City. In addition, recommendations for capital improvements and policies to ensure adequate potable water delivery facilities. • Recreation!Open Space Element — Recreation facilities and land areas necessary to meet the recommended LOS standards. The Capital Improvements Element will also present methods to ensure "concurrency" as defined and required in Chapter 163 F.S. The Element will also present methods to monitor the "Concurrency Management System" as defined and required in Chapter 163 F.S. Adopted on Date: 01/01/2013 OrdinanccNo. 2013 0 03 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT B. CAPITAL IMPROVEMENTS INVENTORY 1. Needs Derived from Other Elements The analysis documented in the preceding comprehensive plan elements have identified facility improvements needed to meet the existing service deficiencies and those needed to meet the demands of future growth. The geographic service areas and locations were identified for major public education and public health system components. System components whose service areas include the City are identified in the list in Table 1. The public education system is operated by the Volusia County School Board, and the public health systems are operated by the Volusia County Health Department. The Volusia County School Board presently bases its needs assessments on the findings of the Educational Plant Survey, prepared every five years by the State Department of Education in accordance with Florida Statutes. The last survey was completed in March 2012. The results of this survey indicate no need for new schools in the near future due to the decline in student enrollment. Indian River Elementary School completed an eleven (11) classroom addition at its location in 2011. The remaining educational facilities were noted as being in excellent or good condition and were adequately served by roadways, sanitary sewer, solid waste, stormwater drainage,potable water and recreation facilities. The State Department of Children and Families (DCF) determines the need for new health care facilities with a formula based on occupancy rates, historic use by age group and population projections by age group. Although Edgewater currently has no full-service hospitals, there is Bert Fish Medical Center located just outside the corporate City limits that serves the Edgewater area. Based on growth forecasts a hospital will not be needed before 2030. Halifax Hospice operates a 12-bed patient care facility located at 4140 S. Ridgewood Avenue in Edgewater. Individual capital improvement needs identified in this Element are, for the most part, those improvements,which cost $25,000 or more and are generally non-recurring purchase items. The capital improvements identified in the other elements of this Comprehensive Plan are listed with a brief description in Table 1 along with their estimated costs and projected year of expenditure. The improvements are listed by type of service,related to the various elements of the Comprehensive Plan. The Capital Improvements Element addresses capital improvements needed to ensure adopted level of service standards are achieved and maintained for a 5 year period. Therefore,Table 1 lists improvements identified for the years 2013 2017 2014-2018. Funding sources for these capital improvements are listed in Table 11. Table 2 identifies the Volusia County School District Five-Year Work Program which must be referenced within in City's CIE per the Public Schools Facility Element. Adopted on Datc: 01/01/2013 OrdinanceNo. 2013 0 03 2 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Table 1: City of Edgewater Capital Improvement Schedule Fiscal Years Ending 2013 2017 2014-2018 Project 202013 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 Total ENVIRONMENTAL SERVICES: *AX4P-Renewal-antl d Replacement Project $6,317,283 $6,317,283 WTP Lime Silo Painting X000 $20;000 WIT Paint Chemical Feed Reece 14007009 $4007090 2.5 MGD Wastewater Treatment Plant $7,500,000 $6,500,000 $14,000,000 SE Service Area Reclaimed Improvements $5,000,000 $5,000,000 Wells 21-24 and raw water mains $2,300,000 $2,300,000 $4,600,000 Reclaim Water Improvements $210,893 $210,893 Lift Station 1 Rehab $45300 47-57000 Contract Administration 1454-7600 $4347600 Pon Replacements s $50,000 $30,990 5$25,000 12500 Lime Slaker Replacements $300,000 $300,000 Unspecified Water 12003000 $200,000 $200,000 $400,000 Unspecified Sewer $ 0 $200,000 $200,000 $400,000 Unspecified Reclaimed $50,000 $50,000 $100,000 Unspecified Stormwater $225,000 $225.000 Land Acquisition for new $1,958,853 Public Works Site $1,080,000 $1,958,853 $1.080,000 MIEX Pretreatment 1370007000 Improvement at ARTWTP $3,000,000 $3,000,000 $6,000,000 Hart Ave.Design and Grant $2007000 $ Application $499300 $300.000 $300,000 Lamont Street&Riverside Drive CIP Project $250,000 $250,000 East Palm Way&Riverside Drive CIP Project $250,000 $250,000 East Turgot Avenue& Riverside Drive CIP Project $225,000 $225,000 C2 03 Pearl St Pipe Crossing $175,000 14453000 IRL 09 SW Improvements (Updated Master Plan) $200000 $ 0 Juniper Dr.Culvert Replacement _ $97,824 $97,824 Adopted on Date: 01/01/2013 OrdinanceNo. 2013 0 03 3 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Project 2012-2013 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 Total 26th St.Culvert Replacement 8105.086 $105,086 Monson&Riverview Dr. 8336.650 $336,650 Public Works Complex Design/Construction $120.000 $750,000 $870.000 10th Street Water Line $25.000 $25.000 Hart Ave.Water Line Improvements $100,000 $100,000 Sludge Loading Area Roofover $40,000 $40,000 Chemical Feed Pumms $32,500 $32,500 Lift Station Telemetry $25.000 825.000 Future Year Expenditure $1,208,853 $1,708,853 (Figures Are Cumulative) $958,853 $830,000 $1,158,853 $250,000 $500,000 $1,580,000 Environmental Services 930743129 $1,708,853 $16;508,853 $10,7583853 $5,633,853 $4336843541 Totals $2,312,060 $16,130,000 $9,300,000 $4,175,000 $4,425,000 $36,342,060 LEISURE SERVICES: $361,939 Hawks Park Improvements $71,939 $57.000 $74.000 $73,000 $72,000 $71,000 $347,000 Hawks-P,._1_ Rc3troom/Concc33ion $11-0;000 $110,000 Rotary Park Redesign $207008 $20;000 Hawks Park Walkway bigh6lig 000 0 Sidewalk Infill $41,390 $4-1-,300 US 1 Median Land3caping $190;000 $1907000 US 1 Median Irrigation $7-5000 $5000 Rotary Park Expansion $153,978 $153.978 Kennedy Park Seawall $35,000 $35,000 $500 Current Year Unreserved $198 $100 $100 $100 $100 $100 400 $74,100 $73,100 $741-00 $71,100 $731,739 Leisure Services Totals $111,339 $245,978 $74,100 $73,100 $72,100 $71,100 $347,400 PUBLIC WORKS: $2,202,691 Road Repaving $202,691 $240,441 $500,000 $500,000 $500,000 $500,000 $2.240.441 Signalize SR442 @ 1-95 $287,516 $287,546 $287,546 Indian River Blvd.Extension (approx. 1 mile) $1,601,160 $4,604,160 $4,604,160 US 1 Sidewalk Construction $1100;000 $44007000 850.000 850.000 Flagler Avenue Sidewalk $386,665 Construction $37,000 $386,665 $37,000 Old County and Turgot Sidewalks $87.182 $87,182 Park Ave./Old Mission Road Intersection $60,000 $60,000 Adopted on Date: 01/01/2013 OrdinanccNo. 2013 0 03 4 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Project 2012 2013 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 Total $6,49106 $886,665 $500,000 $500,000 $8,5811,065 Public Works Totals $202,694 $474,623 $500,000 $500,000 $5,391,706 $500,000 $7,366,329 $832743659 $17,468,6618 111,330,953 $6,204,953 $52,997,315 Total $9y7-18062 $3,032,661 $16,704,100 $9,873,100 $9,638,806 $4,996,100 $44,244,767 Source: City of Edgewater Planning Division,2012 2013 Adopted on Datc: 01/01/2013 OrdinanccNo. 2013 0 03 5 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Table 2: 20434047 2014-2018 Volusia County School District Five-Year Work Program Project Type 2012-2013 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 New Construction Major Renovations-Elementary_(to be determined). $15,000,000 Deland Area Elm-Addition-For Growth $500,000 $2.500.000 Total New Construction - - - - $500,000 $17.500.000 Major Projects at Existing Schools/Facilities 459,009 208;000 290080 299;999 200;000 Portables-Lease $100.000 $100.000 $100.000 5100.000 $100.000 Portables-Moves and Compliance 350,009 250,000 250,000 250,000 250,000 5250.000 4;00800 4;00000 1,009,900 -1,0007998 Various Schools-Minor Projects 4000,000 $2.100.000 $2.100.000 52.100.000 52.100.000 52.100.000 2;509;890 Various Facilities-Facilities Review Projects 27%000 52.300.000 $2,500,000 $2,500,000 $2,500,000 $2.500.000 Total Major Projects at Existing Schools/ 4, 080 3,9505000 3,950,000 3-9, 50-,000 35950,000 Facilities ' $4,750.000 $4.950.000 $4.950.000 $4.950.000 $4,950.000 Facilities Management Facilities Management—Various Projects 450,000 1,000,000 1,000,000 1,000,000 1,000,000 $1.000.000 Technology 2,00000 2,000000 2,0000000 2,000,000 Network,EDP&Communications Equipment 2336A,AOA $3.000.000 $3.000.000 $3.000.000 $3.000.000 $3.000,000 System Wide Equipment&Vehicles Various Schools&Departments Furniture& 300,000 300,000 300,,000 300,000 Equipment 300,000 $500,000 5500.000 $500.000 $500.000 $500,000 Buses Transportation Dept—Bus Replacement 4,116,030 3,125,000 3,125,000 3,125,000 $3.125.000 Transfers Transfers—Debt Service 51,328,731 $51,267,082 $51,273,646 $51,270,871 $30,669,295 523.802.365 15,507,250 13,007,250 Transfers-General Fund 512.950.000 $10,507,250 $8,007,250 $5,507,250 53.007.250 Adopted on Date: 01/01/2013 OrdinanceNo. 2013 0 03 6 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Project Type 2012-2013 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 64,274,332 Total Transfers 665835,984 $64,217,082 61,780,896 59,278,121 36,176,545 $26,809,615 7336405362 72-4553-896 693653T121 Totals '' $77.583.112 $74,355,896 $71,853,121 $49.251,545 $56,884,615 Source:Volusia County School District,5-Year Work Program Adopted 09/10/13. Each capital improvement project is described briefly in Table 1. In addition, the reason the project is identified and estimated total project cost is provided. For ease of review, the projects have been grouped by facility type. As indicated, capital improvement projects have been identified for general, public safety, sanitary sewer, potable water, stormwater, parks and recreation, and transportation facilities. It should be noted that the capital improvement projects contained in Table 1 are not inclusive of all the anticipated capital expenditures by the City during the planning period. Table 1 is limited only to those major components identified by the preceding elements of the City's Comprehensive Plan (CP)in order to analyze development impacts and trends at a level of detail which is both manageable and fairly accurate. The cost estimates for the capital improvements indicated in this Element were developed using standard engineering practice regarding construction costs, in conjunction with information derived from actual construction costs of similar projects, certified bid documents on similar projects and engineering cost estimates conducted on similar projects. 2. Existing Financial Resources The first step in planning capital improvements, as well as arranging the necessary financing through the budgeting process, is to inventory the major sources of funding available to the City. The revenue sources listed below comprises a working inventory for which the City's ability to fund the needed capital improvements will be assessed. It is important to note that the list below includes all of the major financial resources available to the City and is not limited to the funds which will be used for the capital improvement projects identified in the 5year Schedule of Improvements included in this Element. These currently utilized financial resources comprise, in part, the revenue sources which will be used to fund the identified capital improvements projects. 3. Local Revenue Sources a. Property Taxes (Ad Valorem) Property taxes are normally based on a millage rate (i.e. one mill equates to $1 per$1000 of assessed value, or .1%),which is then applied to the taxable value of all real property, as well as all other tangible personal property. The revenue from ad valorem taxes may be used to fund both operating costs and capital projects, unless prohibited by local policies. Provisions at the State level exist for raising the millage rate above the 10-mill Adopted on Date: 01/01/2013 OrdinanceNo. 2013 0 03 7 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT cap set by local referendum for debt service or provision of municipal-type services within the City. b. Public Utility or User Charges The revenue from these charges is generated primarily as a result of the rates charged to City residents of utilization of City-owned utilities such as water, sewer, stormwater and solid waste removal/disposal. Revenue from these operations include user fees, miscellaneous customer service charges and interest income. c. Other taxes, fees,and charges This category of revenue source includes special assessments,various administrative fees and other charges for using services or facilities owned and operated by the City. Some examples of these charges are public document sales, property appraisal fees, fines and forfeitures, permit and license fees, City fund interest income, City property sale income, rental income and all private contributions (real estate,gifts, donations,etc) to the City. d. Franchise Fees The City currently charges a franchise fee (based on the applicable gross revenues charged) for utility services,which are provided by private companies within the City. e. Public Service or Utility Tax A municipality may levy a tax on the purchase of electricity, metered or bottled gas, water, cable television and telecommunication services. The tax may be levied upon only the purchases within the municipality and may not exceed ten (10) percent of the applicable payments received by the seller of the taxable item from the purchaser of the purchase of such service. f. Special Source of Revenue Additional funding mechanisms are sometimes required due to the availability of existing revenue sources and/or the project priorities assigned by the City Council. The options available to the City regarding alternate sources of revenue for funding capital improvement projects are listed below. 1) System Development of Impact fees. Fees which are charged in advance of new development to pay for infrastructure needs, but not operating costs, resulting directly from the new development. The fees must be equitably allocated to the specific group(s) which directly benefit from the capital improvements. In Adoptcd on Datc: 01/01/2013 OrdinanccNo. 2013 0 03 8 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT addition, the assessment levied must fairly reflect the true cost of the capital improvements. g. Special Assessment Similar to impact fees, special assessments are charged to residents, agencies or areas which directly benefit from the provision of a new service or facility by the City. For example,the construction of a gravity sewer system for an existing neighborhood may be financed through a special assessment to the neighborhood's individual homeowners rather than through a revenue fund of the City. The requirement that all of the City's residents fund the new sewer system through a City revenue source is not considered equitable. h. Borrowing Occasionally, many local governments are required to resort to borrowing funds to pay for capital improvements due to their extremely high cost. Usually, either long-term or short-term financing is used to provide these funds. The short-term financing option is normally handled by local banks and is used to raise the required revenue for periods of one to five years. The more customary method is to authorize long-term bond issues, which range in length from five to thirty years. Listed below are several types of bond issues available to the City. 1) General Obligation Bonds. These are bonds which are backed by the full faith and credit of the local government, and are required to be approved by a voter referendum. Since these bonds are secured by the taxing power of government, they generally offer lower interest rates than other bonds. The revenues collected from ad valorem taxes on real estate, as well as other sources of revenue are used to service the government's debt. General obligation bonds should be used to fund capital improvements which benefit the whole City rather than specific areas or groups of citizens. 2) Revenue Bonds. The revenue obtained from the issuance of these bonds is normally used to finance publicly owned facilities such as water treatment and wastewater treatment facilities. The charges collected from the users of the facilities are used directly to retire the bond obligations. This basically allows the capital project to be self-supporting. It should be noted that the interest rates generally tend to be higher than those of general obligation bonds. The issuance of the bonds may be approved by the City Council without a voter referendum. 3) Industrial Revenue Bonds. This type of bond, though issued by a local government,is actually assumed by companies or industries that use these Adoptcd on Date: 01/01/2013 OrdinanceNo. 2013 0 03 9 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT funds to construct facilities. The low interest rates associated with this type of bond (due to their tax exempt status) makes it particularly attractive to industry. The advantages to the local government are that the private sector is responsible for the retirement of the debt and that the new employment opportunities are created in the community. 4. State Sources The City depends on annual disbursements from the State government to supplement its revenue sources. The revenue sources discussed above represent those funds generated by City levies which may be collected and disbursed at the local level. The revenue sources discussed in this section represent those funds which are: (1) generated locally, but collected and later reimbursed to the City by the State; (2) adopted as a local option tax or license fee, collected and reimbursed by the State; or (3) shared by the State in the form of grants to the local government, but originate from State general revenues. The amounts available from these sources may vary widely from year to year depending on legislative actions. a. Revenue Sharing Trust Fund This component of revenue consists of 1.075 percent of sales and use tax collections, 12.5 percent of the State alternative fuel use decal fee collections, and the remainder from the one-cent municipal fuel tax. The sales and use tax collections were substituted for the cigarette tax revenues that previously were used for this fund by the Florida Legislature. The municipal fuel tax funds are restricted for transportation related expenditures. b. Other Shared Revenue This category of revenue sources includes several major financial resources which, like the Revenue Sharing Trust Fund,are shared between City,County and State agencies. The following taxes and licensing fees generate a large portion of the total annual revenue for the City's General Fund. 1) Sales Tax — The current sales tax in the State is 6%, and is levied on retail sales, and such things as commercial rentals, admission fees to entertainment facilities, and motor vehicle sales. The collection is returned to the Cities and Counties in accordance with specific formulae. The variables of the formulae, in the case of cities, include the population of the municipality, as well as the total and unincorporated population of the County. c. Mobile Home Licenses Mobile Home licenses currently range from $31.60 to $86.60, depending on what time length is established in the rate structure. Each City shares in the allocation of the Adoptcd on Datc: 01/01/2013 OrdinanceNo. 2013 0 03 10 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT revenues from this source based on the number of units located in the City. The City in turn shares a portion of the revenue with the local school board. This has proven to be a relatively stable revenue source over time. d. Local Option Taxes Currently, there are four (4) possible sources of revenue available to the City within this category. All of the funds are generated locally, but the funds are collected and disbursed by the Florida Department of Revenue. The City currently shares in only one (1) of these revenue sources. e. Alcoholic Beverage License The Division of Alcoholic Beverages and Tobacco for the State of Florida administers the issuance of licenses associated with the sale and/or consumption of alcoholic beverages. The State collects in excess of$37 million annually from this fee. Of this amount,a portion is returned to counties and municipalities as a State shared revenue. f. Other Sources of Shared Revenues. The City also receives other shared revenues from both the County and other government agencies. These revenues include the Motor Fuel Tax Rebate, the Federal Excise Tax,and the County Business Tax Receipt fees. C. FEDERAL AND STATE GRANTS AND LOANS The system by which Federal general revenue sharing was formerly provided (U.S. State and Local Fiscal Assistance Act of 1972) has been substantially modified. The Federal funds are now available through allocations to the state agencies which administer and monitor block grants or disbursed by federal agencies as block grants directly to state and local agencies, as well as other eligible organizations and individuals. The purpose of the block grants program is to allow recipients greater freedom in the actual funds, though the funds must still be used for projects in specific categories. Since these funds require the competitive applications be submitted in order to receive an allocation, the grant monies are usually non-recurring and cannot accurately be projected for annual budgeting purposes. A partial list of available Federal grant sources is shown in Figure 1. Other grants and loans are administered at the State level,with State Executive Departments acting as "pass-through agencies" for federally funded projects. The Community Development Block Grant (CDBG) is an example of a federally funded grant project. The U.S. Department of Housing and Urban Development administers this program and allocates 70% of its CDBG funds to "entitlement communities", or the larger urban areas. These communities must apply for grants for financing specific projects from a list of eligible activities outlined in Title I statutes. These projects include infrastructure improvements, housing projects and commercial revitalization. The remaining 30% of the grant funds are allocated to State pass-through agencies such as the Department of Economic Adopted on Date: 04/01/2013 OrdinanccNo. 2013 0 03 11 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Opportunity (DEO) in the State of Florida. DEO administers these grants for the same types of projects mentioned previously,but restricts their availability to small cities and counties. In addition to block grants, there are several direct loan programs available at the Federal level, but their applicability to capital projects is extremely limited. State loans however, are usually available to finance capital projects such as land acquisition for low-income housing. DEO administers loans and grants for these projects to eligible governments through its Bureau of Housing. Adoptcd on Date: 01/01/2013 OrdinanceNo. 2013 0 03 12 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Figure 1: Federal Grant Agencies and Program Titles AGENCY TITLE Department of Commerce Public Works and Development Facilities Support for Planning Organizations Public Works Impact Projects Public Telecommunications Facilities Construction and Planning Department of Children&Families Community Health Concerns Department of Housing and Urban Development Housing Development Grants Community Development Block Grant/Entitlement Community Development Block Grant/Small Cities Program Department of Interior Outdoor Recreation:Acquisition, Development and Planning Urban Park and Recreation and Recovery Program Department of Transportation Urban Mass Transportation Capital Improvement Grants Urban Mass Transportation Technical Studies Grant Environmental Protection State Revolving Loan Fund (DFR) Program Agency Comprehensive Estuarine Management SOURCE: "Catalog of Federal Domestic Assistance", Government Printing office, Washington, D.C. Adoptcd on Datc: 01/01/2013 OrdinanccNo. 2013 0 03 13 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT D. LOCAL POLICIES AND PRACTICES To guide the location and timing of land development, local policies and practices are used, particularly in support of the goals, objectives and policies of the Future Land Use Element. Obviously, State agencies and water management districts which provide public facilities within the City's jurisdiction may influence these policies and practices. One such influence was found to be generated by the Florida Department of Transportation (FDOT) 5year Transportation Plan. This influence stemmed from the fact that several roadways within the City's jurisdiction are part of the state highway system, and therefore are largely the financial responsibility of the FDOT. Plans for the improvement of some of these roadways may be included in the before mentioned 5year Transportation Plan. However, there are other such roadways not included in the Plan. Either scenario affects the capacity of the roadways, which in turn affects the level and intensity of development, as well as the degree of financial commitment for which the City must plan. In the absence of improvement plans by FDOT, special provisions may be made when the City desires improvement of a State road to maintain local levels of service standards. These provisions may include the City expending funds for roadway improvements or providing FDOT with the funds, either of which may be collected through an impact fee. In this section, many of the local practices and policies used by the City are described in terms of their general concept and the circumstances surrounding their use. The policies and practices both used in the past and currently in use are identified. Policies and practices not in use which have the potential for being used by the City are discussed in a later section of the CIE. 1. LOS Standards LOS standards indicate the degree of service provided, or proposed to be provided by public facilities based on their operational characteristics. Basically, the LOS indicates the capacity per unit of demand for each public facility. Therefore, the LOS is a summary of the existing or desired public facility conditions. These LOS standards are to be established for the specific purpose of issuing permits or development orders to ensure that adequate capacity is available and will be maintained in public facilities for future development. LOS standards can affect both the timing and location of development by encouraging development of those areas which have public facilities with excess capacity. In addition, development is not allowed unless the needed facilities and services are available. This development and provision of services usually occur in a phased sequence over a period of time. The City has adopted formal LOS standards with the completion of their CIP. Therefore, the LOS standards as outlined in the various elements of the CIP have been listed below. Adopted on Datc: 01/01/2013 OrdinanccNo. 2013 0 03 14 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Sanitary Sewer: 204 gallons per equivalent residential unit per day Solid Waste: 2.5 pounds per capita per day Stormwater: Level A—No significant street flooding Level B—No major residential yard flooding Level C—No significant structure flooding Level D—No limitation on flooding (Based on 25-year/24-hour storm event) Potable Water: 204 gallons per equivalent residential unit per day Collector Roadways: LOS D for peak hour volumes Arterial Roadways: LOS D for peak hour volumes Limited Access Road: LOS B Guidelines for Recreational Facilities: Facility Unit of Measure Parkland 5 acres/1,000 persons Baseball/Softball 1 field/4,000 persons Basketball Court 1 court/5,000 persons Tennis Court 1 court/3,500 persons Handball/Racquetball Court 1 court/4,000 persons Community Center 1 facility/30,000 persons Multi-Purpose/Soccer 1 field/4,000 persons Shuffle Board Court 1 court/1,500 persons Bocci Ball Court 1 court/10,000 persons Volley Ball Court 1 court/5,000 persons Boat Ramps 1 ramp/4,700 persons Bike/Pedestrian Trail 1 mile/4,000 persons Fitness Trails 1/14,000 persons Activities Center 1/15,000 persons Gymnasium N/A 2. Capital Improvements Program (CIP) A Capital Improvements Program is a plan for capital expenditures to be incurred each year over a fixed period of years to meet anticipated facility improvements and needs. The CIP identifies each capital project or other capital expenditures anticipated by the City, as well as presenting estimates of the resources needed to finance the project. The CIP is designed to be consistent with the CIE of the local CP because it reflects the goals, objectives and policies of the Element and its implementation strategy, including the 5- Adoptcd on Datc: 01/01/2013 OrdinanccNo. 2013 0 03 15 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT year Schedule of Improvements. In addition, the CIP is not restricted to only those public facilities addressed in the CP, as is the CIE. The first year of a CIP becomes the annual capital budget with longer range capital expenditures identified for the 5-year program. The capital budget encompasses enacting appropriations for those capital projects delineated for the first year of the CIP. The CIP, similar to CIE,is reviewed on an annual basis. 3. Impact Fees Impact fees are imposed by many local governments on new developments to offset the costs of new public facilities necessitated by the development. Local government may use this strategy as one method of implementing the CIE. Chapter 163, F.S. includes impact fees as an innovative technique that may be integrated into the land development regulations. Impact fee development is a logical outgrowth of the CIE preparation. A rational basis for developing an impact fee ordinance comes from the assessment of the local government's capital improvement needs and its capability to provide for those needs which is required by Chapter 163 F.S. Infill development location and timing may be affected and controlled through the use of impact fees. This is because infill development usually occurs in those areas having capital facilities with excess capacity. If the local government chooses not to recover the costs of capital facilities in underutilized service areas, infill development may be encouraged by the absence of impact fees on developments proposed within those areas. 4. Utility Service Areas The delineation of utility service areas within a comprehensive plan or CIP may be used to describe areas where local governments intend to provide public facilities and services. When used in conjunction with a CIE and CIP, utility service areas can be used as a tool to coordinate the timing of public facilities and service provision within areas planned for development. Additionally, the following benefits may be the result of using utility service areas: a) Encourage efficient and orderly growth patterns; b) Preserve agricultural and environmentally sensitive areas;and c) Support control on facility extensions Adoptcd on Datc: 01/01/2013 OrdinanceNo. 2013 0 03 16 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT 5. User Charges and Connection Fees User charges are designed to recover the costs of public facilities or services from those who benefit from them. Many areas of local government employ the use of user charges. Monthly sewer charges paying for the operation and maintenance of wastewater facilities as well as retiring debt service on revenue bonds is a good example of user charge usage. This technique may also be applied to transportation, potable water, solid waste, recreation and parking facilities and services. These charges may be designed to vary, depending on the quantity and location of the services rendered, in order to affect the pace and pattern of development. In other words, the greater the distance from the service area, the higher the user charge. 6. Concurrency Management System This controls the timing and location of development by conditioning new development approvals on evidence that sufficient facilities and services are present or will be provided in order to maintain adopted LOS standards. Therefore, development approval becomes contingent on the ability of local governments to provide facilities and services, and furthermore,may require the development itself to furnish the facilities and services in order to maintain the adopted LOS standards. Additional benefits associated with a Concurrency Management System are as follows: a) Supports the consistency of the CIE with the Future Land Use Element, b) Provides for the orderly expansion of public facilities; c) Stabilizes capital improvement expenditures and taxing structures for capital improvements; and d) Reduces the possibility of damage to the environment from the use of overburdened facilities. Typically, the Concurrency Management System interacts with the development approval process by requiring that all zoning, subdivision or planned unit development (PUD) approval be granted only upon demonstrated compliance with the system. The building permit stage is another level at which a Concurrency Management System may function. In this context, the Concurrency Management System may control development in areas that are already approved, but not as yet built on, such as pre-platted lands. 7. Mandatory Dedication or Fees in Lieu Of The City may require, as a condition to plat approval, that subdivision developers dedicate a portion of the land within the development to be used for public purposes such as roads, parks and schools. Dedication may be made to the governing body, or to a private group such as a homeowners association. Adopted on Date: 01/01/2013 OrdinanccNo. 2013 0 03 17 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT When a subdivision is of such small scale or topographic conditions that a land dedication cannot reasonably be required, the City may require that the subdivider pay a fee in lieu of dedication which is equivalent to the amount of land that otherwise would have been dedicated by the developer. The fee may be deposited into a separate account for use in the future towards the provision of such facilities. As a result of the public facility provision, the adjacent area benefiting from the initiative would likely become more attractive to development. Therefore, the acquired service potential may be used to encourage growth in desired areas. 8. Moratoria A moratorium, or stop-gap ordinance, is used to temporarily halt or freeze development in an area for a specified period of time on an emergency basis. The ordinance may be imposed on certificate of uses, building permits, development approvals, or governmental services such as potable water connections or wastewater system extensions and/or connections. The moratorium normally is imposed for a "reasonable time" to allow the necessary planning activities to take place pending comprehensive plan preparation, adoption or amendment. The State of Florida's legal system has found development moratoria to be a valid measure of last resort in the protection of local public health, safety and welfare when adopted in accordance with applicable procedures. Some other considerations in adopting a moratorium include: a) Determining legal status of existing permit applications and approvals to determine the extent of "vested rights" for those developments approved prior to ordinance adoption; b) Specifying the geographic extent of the moratorium (whether it will be City wide, or limited to specific hazard areas with existing service insufficiencies); and c) Specifying the time frame and conditions under which the moratorium will be imposed. E. FINANCIAL ANALYSIS 1. Fiscal Assessment In this section, an examination is made of the City's ability to fund the capital improvements listed in Table 1. The purpose of the examination is to determine whether sufficient revenue will be available using the existing budgeting framework utilized by the City to fund the required improvements at the time when they are needed. The assessment process estimates future revenue receipts which the City will use to fund capital improvements, then balances these revenues against the anticipated capital improvement expenditures. Using this process, it becomes possible to quantify annual revenue surpluses and shortfalls, thereby providing a basis for examining opportunities for Adoptcd on Date: 01/01/2013 OrdinanceNo. 2013 0 03 18 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT financing the required capital improvements. The examination of these opportunities is included in the next portion of this section,entitled"Summary and Recommendations". In addition to the direct cost for capital improvements, this section will review the fiscal impacts of the capital improvements identified in the other CP elements upon the actual operation of the City departments responsible for facility management. This will include costs for additional personnel and routing operation/maintenance activities. It should be noted that this assessment includes only those items planned for in other CP elements. a. Accounting System The accounting system employed by the City records financial transactions in individual accounts called "funds". Records for each fund provide a complete accounting of fund assets, liabilities, reserves, equities, revenues and expenditures. The following is a brief description of the funds which the City has established for capital improvement financing. GENERAL FUND: The General Fund is the basic operating fund of the City. It accounts for all revenues and expenditures used to finance the traditional services associated with a municipal government which are not accounted for in other funds. These services include police and fire protection, civil defense, emergency rescue services, street services,parks and recreation, building safety, general administration and any other activity for which a specific special fund has not been created. ENTERPRISE FUND: Enterprise Funds are established to account for the financing of self-supporting municipal activities which render services on a user charge basis to the general public. In the City, the water and sewer utilities, refuse collection, and stormwater operations are operated as enterprise activities. The significant characteristic of an Enterprise Fund is that the accounting system makes it possible to determine whether the activity is operated at a profit or loss. All reports of Enterprise Funds are self-contained. In this way, creditors,legislators,and the general public can evaluate the performance of the municipal enterprise on the same basis as investor- owned enterprise in the same industry. b. Projected Revenues The City's tax base is projected to increase for 204-3 2014, assuming a 3.00% rate of growth starting in 204-4 2015 for the adjusted taxable value of property (including new construction), as indicated below. The City's assessment ratio is projected to remain stable at 95%. Adopted on Date: 0'1/01/2013 OrdinanccNo. 2013 0 03 19 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Table 3: Adjusted Taxable Income Projections Tax Base 2013 2014 2015 2016 2017 2018 Adjusted taxable 592,777,766 600,208,390 618,211,611 636,761,080 income 592,777,766 616,083,636 634,566,14 653,603,129 673,211,223 693,407,560 SOURCE: City of Edgewater Finance Dept. Ad valorem tax yields were projected assuming the fiscal year 284-3 2014 rate of millage and the average annual increase (3.00%) in adjusted taxable value over the next five years. It should be noted that the five-year average rate for millage amounts to a rate of 6.17 6.876 per$1,000 of taxable property value. Table 4: Ad Valorem Tax Yield Projections Tax Base 2013 2014 2015 2016 2017 2018 Ad Valorem Tax 3,581,729 3,770,211 3,883,318 1,119,814 Yield 3,660,103 4,236,191 4,363,277 4,494,175 4,629,000 4,767,870 SOURCE: City of Edgewater Finance Dept.Assume a collection of 95%of the total ad valorem tax billings. Table 5 indicates the revenues expected to be available to the City to finance the expenditures and capital improvements for the years 2013 2017 2014-2018. Revenue projections are based on past trends and anticipated changes in funding sources. These amounts are represented in 2813 2014 dollars. Table 5: Revenue Projections Affecting Capital Improvements 2013 2014 2015 2016 2017 2018 FUND General Fund Ad $3,581,729 $3,883,348 $3,999,818 $4,119,811 Valorem $3,660,103 $4,236,191 $4,494,175 $4,629,000 $4,767,870 $4,910,906 Franchise Fees X000 $1,133,000 $1,166,990 $1,202,000 $1,238,060 $1,262,821 State Shared State Adopted on Datc: 01/01/2013 OrdinanceNo. 2013 0 03 20 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Shared Revenues $1,733,731 $1,785,743 $1,839,315 $1,894,495 $1,951,330 $1,990,356 Subtotal: $9,781,404 $4030763911 $10,573,384 $10,890,586 $1152173304 $7,154,934 $7,500,480 $7,725,495 $7,957,260 $8,164,083 Enterprise Funds Wastewater $7,339,776 $3,672,246 $3,782,413 $3,895,885 $4,012,762 $4,093,017 Refuse $3,187,229 $3,563,197 $3,670,093 $3,780,196 $3,893,602 $3,971,474 Water $3,159,115 $3,563,197 $3,670,093 $3,780,196 $3,893,602 $3,971,474 Stormwater $'4,10 $1,464,763 $1,508,706 $1,553,967 $1,600,586 $1,632,598 Net Bond Proceeds ".! $0 $0 $0 $0 $0 Subtotal $15,783,520 $12,649,653 $13,00293 � 1 $ 2A� 211 017 $13,822,612 $12,263,403 $12,631,305 $13,010,244 $13,400,552 $13,668,563 Total Revenues $25,564,921 $22,726,564 $23,602,527 $24,310,603 $25,039,916 $19,418,337 $20,131,785 $20,735,739 $21,357,812 $21,832,646 The Enterprise Fund projected revenues for each account include anticipated income from user charges, connection fees, impact fees, assessment receipts and customer service charges. The revenue projections for wastewater and water user charges and connection fees are based on current individual fee amounts (average monthly charge and connection fees) and projected total service connections. Solid waste user charge revenue projections are based on current average monthly charges also. The amount shown for net bond proceeds represents the use of bond proceeds which are anticipated to be issued for major capital projects. The amounts shown reflect the year when the proceeds are estimated to be encumbered for the project and not the use of the proceeds deposited in the construction fund for financing the project. Adopted on Date: 01/01/2013 OrdinanccNo. 2013 0 03 21 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT c. Projected Expenditures The projected expenditures have been separated into three categories for the purpose of this assessment: (i) scheduled capital improvement project expenditures; (ii) capital improvement debt service expenditures; and (iii) operating cost expenditures. The first category of expenditure represents the direct cost of those capital improvements expected to be incurred annually, those identified by the other CP elements, and those identified by the City's Capital Improvements Program (in addition to the CIP projects already identified by the other CP elements). Table 6 lists these projected expenditures by Fund for 2013 2017 2014-2018. Table 6: Expenditure Projections for Scheduled Capital Improvements 2013 2014 2015 2016 2017 2018 FUND General Fund $6,565,806 $959,765 $472;1-00 $571 00 Annual Capital Expenditures $611,033 $720,601 $574,100 $573,100 $5,463,806 $571,100 Enterprise Funds Annual Capital Expenses $7,339,776 $340;000 Water/Sewer $522,500 $14,800,000 $8,800,000 $3,450,000 $3,450,000 $958,853 $1,208,853 $1,158,853 $1,708,853 $1,958,853 Public Works $950,000 $1,080,000 $250,000 $500,000 $750,000 $7-75;500 0 Stormwater $839,560 $250,000 $250,000 $225,000 $225,000 $8,274,659 $473468,618 $11,330,953 $6,204,953 Total Expenses $9,718,162 $3,032,661 $16,704,100 $9,873,100 $9,638,806 $4,996,100 Adopted on Date: 04/01/2013 OrdinanccNo. 2013 0 03 22 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT The second category includes the projected expenditures required to meet debt service requirements for outstanding bond issues, as well as planned future bond issues included in the revenue projects in Table 6. The future debt issues are anticipated by the City to provide monies to fund the reclaimed water improvements as well as various general improvements. In addition to long-term indebtedness, the City utilizes short-term borrowing for minor capital expenditures. Table 7 lists the projected debt service expenditures by Fund. Table 7: Debt Service Expenditure Projections 2013 2014 2015 2016 2017 2018 FUND General Fund $115,711 $448,092 $117,791 $119,570 $126,410 $93,073 Enterprise Funds Wastewater State SRF Loan 2012 $360,128 $360,128 $360,128 $360,128 Water SunTrust JCI 2005 $92,591 SunTrust JCI 2013 $3243000 $493,000 $533,000 $576,000 $622,000 $657,000 Wells Fargo Series 2009 #42 X0;000 $635,000 $655,000 $626,429 $626,429 $626,429 BB&T SRF Refinance 2012 X49;800 $657,000 $671,000 $686,000 $701,000 $716,000 The debt service to fund the enterprise component of the CIP program consists entirely of revenue bonds and special assessment bonds. Based on the opinion of the City Council, this debt does not come under the current charter provisions of the City. With respect to the general debt associated with the General Fund, the current charter requires that the City not incur additional debt of more than .75% of the net taxable ad valorem property value during any forward moving five (5) year period unless such debt was approved by a referendum of eligible voters in a general election. Based on the current Charter provisions, the estimated debt service capacity assuming assessed valuation rates is as follows: Value for 2013 $869,698,616$946,835,690 Charter Limitation at .75% $6,522,710$5,450,977 Adopted on Datc: 01/01/2013 OrdinanccNo. 2013 0 03 23 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT The final category of expenditures contains the annual operating costs for providing the necessary facility improvements and services to the City's customers. These operating costs consist of the recurring expenses associated with the normal operation of capital facilities such as supplies, maintenance,personnel and utility costs associated with the assessed capital improvement needs. The operating costs have been assigned to the first year in which they are expected to be incurred based on the schedule of improvement contained in Table 6. Table 8 presents the annual operating expenditure of the City for years 2013 2017 2014- 2018. Table 8: Annual Operating Expenditures 2013 2014 2015 2016 2017 2018 FUND General Fund $12,207,802 $12,330,565 $12,700,482 $13,081,496 $13,473,940 $13,743,419 Enterprise Fund Water/ Wastewater $8,207,100 $8,478,321 $8,732,671 $8,994,651 $9,264,491 $9,449,781 Public Works $3,012,390 $3,282,846 $3,381,331 $3,482,771 $3,587,254 $3,658,999 Stormwater $1,655,030 $1,464,763 $1,508,706 $1,553,967 $1,600,586 $1,632,598 In order to assess the City's capability to fund the necessary capital improvement expenditures, a determination of revenue sufficiency must be made. This capability is shown by finding the difference between the projected annual revenues and expenditures for each fund the City uses to finance the capital improvements. The assessment results are shown in Table 9. Adopted on Datc: 04/01/2013 OrdinanceNo. 2013 0 03 24 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Table 9: Fiscal Assessment No. 1 FUND 2013 2014 2015 2016 2017 2018 REVENUES $12,207,802 $12,330,565 $12,700,482 $13,081,496 $13,473,941 $13,743,420 EXPENDITURES $12,207,802 $12,330,565 $12,700,482 $13,081,496 $13,473,941 $13,743,420 BALANCE - - - - - - WATER/WASTEWATER REVENUES $8,207,400 $8,478,321 $8,732,671 $8,994,651 $9,264,491 $9,449,781 EXPENSES $8,207,400 $8,478,321 $8,732,671 $8,994,651 $9,264,491 $9,449,781 BALANCE - - - - - - PUBLIC WORKS REVENUES $3,012,390 $3,282,846 $3,381,331 $3,482,771 $3,587,254 $3,658,999 EXPENSES $3,012,390 $3,282,846 $3,381,331 $3,482,771 $3,587,254 $3,658,999 BALANCE - - - - - - STORMWATER REVENUES $1,655,030 $1,464,763 $1,508,706 $1,553,967 $1,600,586 $1,632,598 EXPENSES $1,655,030 $1,464,763 $1,508,706 $1,553,967 $1,600,586 $1,632,598 BALANCE - - - - - - Included in Table 9 are the projected revenues (as previously listed in Table 5) and expenditures (consisting of the sum of the cost and expenditures shown in Tables 6, 7 and 8). Improvement costs for transportation and recreation have been included in the General Fund, improvement costs for wastewater, water and solid waste are included in the Adoptcd on Date: 01/01/2013 OrdinanceNo. 2013 0 03 25 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Enterprise Fund, and stormwater improvement costs have been included in the Stormwater Fund. The balance of each fund indicates the difference between the projected revenues and expenditures. Revenue shortfalls for a given year are indicated by a negative balance. The City uses revenues from both the General and Enterprise Funds to meet annual operating expenses. The General Fund is primarily used for transportation and recreation/park operating services,while the Enterprise Fund is used for the operating costs associated with the Public Works and Utilities Departments. Supplemental funding is provided by the fees collected by the various departments from the persons directly receiving the service. The City-wide millage rate and the Enterprise Fund user charges are reviewed periodically by the City as part of its budgeting process. Adjustments are made in order to ensure that sufficient funds are available to meet expected expenses,including a reserve for contingency funds. In anticipation of future increases in operating costs,the City may desire to adjust the millage rate and/or user charges upward by small increments over a period of several years. This will initially provide additional operating reserves, which can later be used to offset operating expense increases as they occur and allow the City to moderate annual charges in the millage rates and user charges. The anticipated increases in ad valorem tax revenues for 2013 2017 2014-2018 are featured below in Table 10. Table 10: Anticipated Increase in Ad Valorem Tax Revenue Projections Tax Base 2013 2014 2015 2016 2017 2018 Result of one-half mill increase over and above current $3,911,972 $3,521,729 $3,883,318 $3,999,818$1,119,811 Ad-Valorem $4,236,191 $4,550,992 $4,559,951 $4,696,750 $4,720,640 d. Summary and Recommendations Within this section, the projected revenue shortfalls as indicated in Table 9 are identified. Various methods of overcoming these revenue shortfalls are examined herein, and recommendations developed as to the most appropriate methods of balancing the revenue and expenditure streams for the City's funds. These balanced revenue/expenditure streams are shown in Table 9 and indicate the achievement of an economically feasible comprehensive plan. General Fund: As shown in Table 9, the General Fund is projected to have a balanced budget during 2013 2017 2014-2018. Enterprise Fund: The Enterprise Fund is projected to have a balanced budget during 2013 2017 2014-2018. Adoptcd on Datc: 01/01/2013 OrdinanccNo. 2013 0 03 26 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT The balancing of the projected revenue and expenditure streams within the Enterprise Fund will be accomplished by the following funding strategy changes: STORMWATER: 1. Apply for various grants from State agencies to assist with various projects; 2. Obtain short term financing via low interest loans;and 3. Carry forward any unexpected funds as revenue. In the event that some of the proposed sources are not attained, the following alternative strategies will be pursued; 1. Additional deferral of projects to later years; 2. Procurement of additional revenue bonds instead of funding projects on a "pay-as- you-go" basis; 3. Procurement of additional grant funding; 4. Procurement of a state revolving fund loan; and 5. Increase user fees for municipal services. Improved planning and coordination will be initiated among the City's utility departments in order to ensure that public facility and service provision is optimal for cost effectiveness. For example, department representatives will work together to encourage the provision of public facilities and services concurrently (where feasible), in order to limit the negative impacts of separate installation (i.e. construct water/sewer services prior to paving/ stormwater improvements). Also, other entities which share facilities with the City (such as FDOT and Volusia County) sharing the use of the U.S. 1 within the City limit(s) will be coordinated with regarding improvements to their shared facilities. Adoptcd on Datc: 01/01/2013 OrdinanccNo. 2013 0 03 27 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT F. GOALS, OBJECTIVES,AND POLICIES The City shall undertake all actions necessary to ensure that needed public facilities and services are provided to all residents within the City's jurisdiction in a manner which maximizes the use of existing facilities, promotes orderly compact urban growth and protects the City's investments in its existing facilities. GOAL 1: Capital improvements will be provided to correct existing deficiencies, to accommodate projected future growth, and to replace obsolete or worn-out facilities, as indicated in the 5year Schedule of Improvements delineated in this Element. Objective 1.1: Reserving Funds for Needed Future Capital Facilities. Ensure that a Five- Year Capital Improvements Program (CIP) shall be incorporated into the Annual Budget in order to reserve funds for needed future capital facilities. Policy 1.1.1: Preparation of the Five-year Capital Improvement Program. The City's Finance Director shall prepare the Five-Year CIP on an annual basis as part of the City's Annual Budget; it shall address all capital needs of the City. Policy 1.1.2: Municipal Department Heads and the CIE Annual Update. As a part of the annual update process for the Capital Improvements Element, municipal department heads shall provide input to the City Manager and Finance Director regarding capital improvement needs and the adequacy of existing and planned funding sources. Policy 1.1.3: Multi-year Funding Strategy and New Funding Resources. As a part of the annual update process for the Capital Improvements Element the City shall focus on a multi-year funding strategy to identify new funding resources. Objective 1.2: Capital Improvements Classification. Shall include all projects identified in the CIP which are determined to be of relatively large scale and high cost ($25,000 or greater) in the 5year Schedule of Improvements as capital improvement projects;all other capital improvements shall be included in the 5year Capital Improvements Program and annual capital budget. Policy 1.2.1: Debt Service and Operating Expenditures. The City shall, for accounting purposes, include this Element in conjunction with Debt Service and Operating expenditures. Policy 1.2.2: Scheduling and Funding Capital Improvements. The City shall, as a matter of priority, schedule and fund all capital improvements identified by the 5year Schedule of Improvements. Adoptcd on Date: 01/01/2013 OrdinanccNo. 2013 0 03 28 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Policy 1.2.3: Reviewing the Water Supply Facilities Work Plan (WSFWP). The City shall continue to adopt a CIP and annual budget as a part of its budgeting process. The City will review the CIP annually together with the WSFWP to include the water related projects identified for the first five years of the WSFWP. The program shall be "financially feasible" as defined in Florida Statutes. Policy 1.2.4: Capital Improvement Projects and Priority Ranking Guidelines. The proposed capital improvement projects shall be evaluated and ranked in order of priority according to the following guidelines: • the project is needed to protect public health and safety, to fulfill the City's legal commitment to provide facilities and services, to reduce waste of water resources, to reduce waste of water resources or to preserve or achieve full use of the existing facilities; • the project promotes the City's development of alternative water supplies, corrects water supply deficiencies or otherwise results in a reduction in future dependence on Upper Floridian aquifer water sources to support future growth of the City. • the project increases the efficiency of use of the existing facilities, prevents or reduces future improvement costs, provides service to developed areas lacking full service or promotes infill development; • the project represents a logical extension of facilities and services within a designated utility service area; • the project implements the policies of this Comprehensive Plan as they pertain to the concurrency requirements; and • the project is financially feasible. Objective 1.3: Proportionate Share. Ensure the proportionate share of facility improvements which are necessitated by future development in order to maintain adopted LOS standards shall be borne by those directly benefiting from the improvements. Policy 1.3.1: Implementing Impact Fee Programs. The City shall continue to implement its impact fee programs as conditions to providing utility services to new developments. Policy 1.3.2: Transportation Impact Fee Ordinance. The City shall continue to implement its Transportation Impact Fee Ordinance. Adoptcd on Date: 04/01/2013 OrdinanccNo. 2013 0 03 29 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Policy 1.3.3: Future Development and Proportionate Costs. Future development will bear a proportionate cost of all capital improvements necessary to maintain LOS standards adequately. Policy 1.3.4: Private Contributions and the Five-Year Schedule of Capital Improvements. The City shall rely upon private contributions as a funding source within the Fiveyear Schedule of Capital Improvements only when the obligation to fund a specific capital improvement is addressed in an enforceable development agreement or development order. The City shall not be responsible for funding capital improvements that are the obligation of the developer. If the developer fails to meet any capital improvement commitment that is programmed in the Fiveyear Schedule of Capital Improvements, a plan amendment to delete the capital improvement from the Schedule shall be required. Policy 1.3.5: New Development and Impact Fees. All new development,which has a direct or indirect impact on roads, schools, parks, potable water, or sewer, shall continue to be subject to impact fees collected and/or administered by the City. Monies collected as impact fees shall be spent to benefit the City's infrastructure. Objective 1.4: Managing Financial Resources. Will manage its financial resources to ensure the provision of needed capital improvements for previously issued development orders for future development and redevelopment. Policy 1.4.1: Issuance of Development Orders or Permits and Concurrency. The City will not issue development orders or permits unless public facilities (which meet the adopted LOS standards) needed to support development or redevelopment are available, or will be available concurrently with the impacts of the development. Policy 1.4.2: Maximum Ratio of Outstanding Indebtedness. The maximum ratio of outstanding indebtedness (for providing capital improvements) to the property tax base shall be limited by the City to no greater than .75%. Policy 1.4.3: Adoption of the Capital Improvements Program. The City shall continue to adopt a 5year Capital Improvements Program and annual budget as a part of its budgeting process. Policy 1.4.4: Funding to Finance Capital Improvements. The City will continue to apply for water, wastewater, solid waste and other available grants on an annual basis to obtain funding to finance the provision of capital improvements. Adoptcd on Date: 01/01/2013 OrdinanccNo. 2013 0 03 30 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Policy 1.4.5: Limitation on the use of Revenue Bonds. The limitation on the use of revenue bonds as a percent of total debt shall follow applicable Florida statues and acceptable financial practices. Policy 1.4.6: Maximum Ratio of Total Debt Service. The maximum ratio of total debt service to total revenue shall follow applicable Florida statues and acceptable financial practices. Policy 1.4.7: Maximum Ratio of Outstanding Capital Indebtedness to Property Tax Base. The maximum ratio of outstanding capital indebtedness to property tax base shall follow applicable Florida statues and acceptable financial practices. Policy 1.4.8: Reviewing all Sources of Revenue and the Annual Budget Process. Before the annual budget process is initiated, the City shall review all sources of revenue not previously utilized as revenue and shall act to obtain and receive revenue from these potential sources where a benefit to the City can be predicted. Policy 1.4.9: Complying with State Law and the Management of Debt. The City shall comply with all State of Florida law regarding the management of debt. Objective 1.5: Issuance of Development Orders and Permits. Shall base all decisions regarding the issuance of development orders and permits on the coordination of the development requirements included in this CP, its land development regulations and ordinances, and the availability of public facilities needed to support such development at the time it is needed. Policy 1.5.1: LOS Standards. The City shall use the following LOS standards in reviewing the impacts of new development and redevelopment upon public facility provision in the City or in the City's Utility Service Area: Sanitary Sewer: 204 gallons per equivalent residential unit per day Solid Waste: 2.5 pounds per capita per day Stormwater Level A—No significant street flooding Level B—No major residential yard flooding Level C—No significant structure flooding Level D—No limitation on flooding (Based on 25-year/24-hour storm event) Potable Water: 204 gallons per equivalent residential unit per day Collector Roadways: LOS D for peak hour volumes Arterial Roadways: LOS D for peak hour volumes Limited Access Road: LOS B Adopted on Date: 01/01/2013 OrdinanceNo. 2013 0 03 31 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Guidelines for Recreational Facilities: Facility Unit of Measure Parkland 5 acres/ 1,000 persons Baseball/Softball 1 field/4,000 persons Basketball Court 1 court/5,000 persons Tennis Court 1 court/3,500 persons Handball/Racquetball Court 1 court/4,000 persons Community Center laacility/30,000 persons Multi-Purpose/Soccer 1 field/4,000 persons Shuffle Board Court 1 court/1,500 persons Bocci Ball Court 1 court/10,000 persons Volley Ball Court 1 court/5,000 persons Boat Ramps 1 ramp/4,700 persons Bike/Pedestrian Trail 1 mile/4,000 persons Fitness Trails 1/14,000 persons Activities Center 1/15,000 persons Gymnasium N/A Policy 1.5.2: New Development, Redevelopment or Comprehensive Plan Amendments Guidelines. The City shall evaluate all proposed CP amendments and requests for new development or redevelopment according to the following guidelines as to whether the proposed action would: • contribute to a condition of public hazard as described in the Utilities Sub-elements, • exacerbate any existing condition of public facility capacity deficits as described in the Utilities Sub-elements, the Transportation Element and the Recreation and Open Space Element, • generate public facility demands that may be accommodated by capacity increases planned in the 5year Schedule of Improvements, • conform to future land uses as shown on the Future Land Use Map (FLUM) of the Future Land Use Element (FLUE), and utility service areas as described in the Utilities Sub-elements, • if public facilities are developer-provided, accommodate public facility demands based on adopted LOS standards; Adoptcd on Datc: 01/01/2013 OrdinanccNo. 2013 0 03 32 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT • if public facilities are provided, in part or whole, by the City, demonstrate financial feasibility, subject to this element; • represent a logical extension of facilities and service from the City to the urban fringe, or is compatible with the plans of the State agencies or the St. Johns River Florida Water Management District (SJRWMD) ;and • determination of future capital improvement needs shall be based on anticipated future growth or redevelopment patterns and whether a particular improvement advances the goals, policies and objectives of the Comprehensive Plan. Policy 1.5.3: Land Use Development Orders and Concurrency. Land use development orders shall be granted only when facilities functioning at the adopted LOS exist, or will be available,concurrent with occupancy or use of such developed land with respect to sewer,water and stormwater, and within three years for recreation and transportation. Policy 1.5.4: Public and Private Capital Facilities and LOS Provision. The City shall require all public and private capital facilities to operate and provide service at the LOS adopted in this Comprehensive Plan for existing, previously issued development orders and future permitted development. Policy 1.5.5: Public Facilities and Services and Concurrency. The City shall continue to make public services and facilities available concurrent with the impacts of development. In cases of phased development, the City shall determine when public facilities and services are necessary to maintain concurrency. Objective 1.6: Coastal High Hazard Area. By December 2014, shall review its Land Development Code to evaluate limiting the size and density of developments in the coastal high- hazard area, as defined by the Coastal Management Element. Policy 1.6.1: Constructing Public Facilities and the Coastal High Hazard Area. The City will not construct public facilities east of U.S. 1 unless no other feasible sites are available outside the coastal high-hazard area. Where it becomes necessary to construct public facilities in the coastal high-hazard area, the design of the facilities will incorporate flood proofing and additional structural support in order to ensure minimum damage from storms and hurricanes. Policy 1.6.2: Limiting Public Expenditures and the Coastal High Hazard Area. The City will limit public expenditures that subsidize development in Adoptcd on Date: 01/01/2013 OrdinanccNo. 2013 0 03 33 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT coastal high-hazard areas except for the restoration and enhancement of natural resources. Objective 1.7: Adoption of Local Government and External Agency Plans. Adopt all applicable outside local government and external agency plans necessary to maintain and provide for LOS. Policy 1.7.1: Meeting School Capacity and Student Demands. The City hereby adopts by reference the Volusia County School District's Facilities 5-Year Work Program to meet anticipated school capacity and student demands projected by the County and municipalities based on the adopted LOS standards for public schools. Policy 1.7.2: Meeting Demand of State Transportation Facilities. The City hereby adopts by reference the Florida Department of Transportation's 5- Year Work Program to meet anticipated demand through improvement of State transportation facilities within the jurisdiction. Policy 1.7.3: Meeting Water Supply Demand and Needs. The City hereby adopts by reference the St. Johns River Water Management District's (SJRWMD) Water Supply Plan 2005 to meet anticipated water supply and demand needs within the jurisdiction. GOAL 2: Provide for a financially feasible public school facilities program. Objective 2.1: Level of Service Standards. Shall ensure that the capacity of schools is sufficient to support residential subdivisions and site plans at the adopted LOS standard. This LOS standard shall be consistent with the LOS standard adopted in the interlocal agreement entered into by the School Board and the local governments within Volusia County. Policy 2.1.1: Applying LOS Standards. The LOS standard adopted by the City shall be applied consistently by all local governments within Volusia County and by the School Board district-wide to all schools of the same type. Policy 2.1.2: Florida Inventory of School House LOS Standards. Consistent with the interlocal agreement, the uniform,district-wide LOS standards are set as follows using FISH (Florida Inventory of School House) capacity based on the traditional school calendar • Elementary Schools: 115% of permanent FISH capacity for the concurrency service area; • K- 8 Schools: 115% of permanent FISH capacity for the concurrency service area; Adopted on Datc: 01/01/2013 OrdinanccNo. 2013 0 03 34 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT • Middle Schools: 115% of permanent FISH capacity for the concurrency service area; • High Schools: 120% of permanent FISH capacity for the concurrency service area;and • Special Purpose Schools: 100% of permanent FISH capacity. Objective 2.2: School Capital Facilities Planning. Shall cooperate with the School Board to ensure existing deficiencies and future needs are addressed consistent with adopted LOS standards for public schools. Policy 2.2.1: Reviewing the School Board's Annual Work Program. The City shall review the School Board's annual work program to verify that it is financially feasible and will maintain the LOS standards by the end of the five-year period. Policy 2.2.2: Future Development Proportionate Costs and Public Schools. The City shall coordinate with the School Board and adopt development conditions to ensure that future development pays a proportionate share of the costs of capital facility capacity needed to accommodate new development and to assist in maintaining the adopted LOS standards via impact fees and other legally available and appropriate methods. GOAL 3: Establish a redevelopment plan and research the possibility of creating a Community Redevelopment Area in the City. Objective 3.1: Redevelopment Plan and Community Redevelopment Area.Amend the Capital Improvements Element to include in the annual budget process funds to develop a redevelopment plan or conduct a feasibility study on creating a Community Redevelopment Area (CRA). Policy 3.1.1: Feasibility of Implementing a Redevelopment Plan. The City shall review the feasibility of implementing a Redevelopment Plan through funds established in the Capital Improvements Program. The Plan shall include at minimum, the establishment of architectural standards, community appearance standards, or both, for residential and non- residential properties within the redevelopment areas; and recommendations for the potential revision or amendment of provisions of the City's Land Development Code. Policy 3.1.2: Feasibility of Implementing a Community Redevelopment Area. The City shall review feasibility of implementing a CRA through funds established in the Capital Improvements Program. The CRA Plan shall include at minimum, recommendations for the creation of districts or Adoptcd on Datc: 01/01/2013 OrdinanccNo. 2013 0 03 35 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT zones within the boundaries of the City's CRA, the establishment of architectural standards, community appearance standards, or both, for residential and non-residential properties within the CRA; and recommendations for the potential revision or amendment of provisions of the City's Land Development Code. Policy 3.1.3: Creating a Redevelopment Advisory Board. The City shall create an advisory board to provide guidance on projects and plans established in the Redevelopment Plan or CRA Plan upon adoption of the plans established in Policies 3.1.1 and 3.1.2 of this Element. Policy 3.1.4: Seeking Innovative Financial Strategies. The City shall seek innovative financial strategies such as Tax Increment Financing (TIF) to fund redevelopment projects within the City. Policy 3.1.5: Establishing Incentives to Developers of Infill and Redevelopment Projects. The City shall establish incentives, such as density bonuses, expedited permitting, reduction in impact fees, reducing or eliminating parking requirements, providing tax incentives, or creating an area-wide stormwater facility to minimize onsite detention and retention infrastructure, to developers of infill and redevelopment projects within the proposed areas established in Policies 3.1.1 and 3.1.2 of this Element. CAPITAL IMPROVEMENTS PROGRAM IMPLEMENTATION CAPITAL IMPROVEMENTS SCHEDULE (5-YEAR) As shown in Table 11, the Five (5) Year Schedule of Improvements is the mechanism by which the City can effectively stage the timing, location, projected cost and revenue sources for the capital improvements derived from all the CP elements, in support of the Future Land Use Element. This 5- Year Schedule of Improvements has been used to document the "economic feasibility" of the City's CP, based upon the preceding sections of this Element entitled "Capital Improvements Inventory", "Financial Analysis", and"Goals, Objectives,and Policies". Adopted on Date: 04/01/2013 OrdinanccNo. 2013 0 03 36 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT LONG TERM TRANSPORTATION IMPROVEMENTS Table 12 describes transportation improvements that the City anticipates may be necessary within a ten (10) year time frame. Table 11: City of Edgewater Five Year Schedule of Improvements Fiscal Years Ending 2013-2017 2014-2018 Project* Schedule Cost Revenue Source LOS Non- LOS LEISURE SERVICES: 2013 2017 $361,939 Hawks Park Improvements 2014-2018 $347,000 General Fund N -. • P: • - . .. - - 2843 X0,000 Capital Fund R Rotary-NA-Redesign 204-3 420;000 Capital Fund N Hawks Park Walkway Lighting 204-3 x0,000 N Sidewalk Infill 204-3 $44,300 Capital Fund N US 1 Median Landscaping 204-3 $1 00,000 Capital-Fund N US 1 Median Irrigation 204-3 $753000 Capital Fund N Rotary Park Expansion 2014 $153,978 General Fund N Kennedy Park Seawall 2014 $35,000 General Fund N 2013 2017 8-509 Current Year Unreserved 2014-2018 $400 General Fund N ENVIRONMENTAL SERVICES: SRF& 2.5 MGD Wastewater Treatment Plant 2015-2016 $14,000,000 Developer N SRF&Impact SE Service Area Reclaimed Improvements 2015 $5,000,000 Fees N Wells 21-24 and raw water mains 2015-2016 $4,600,000 Developer N Reclaim Water Improvements 2043 $210,893 Capital Fund N Lift Station 1 Rehab 2843 $175,000 Capital Fund R Contract Administration 204-3 84346600 Capital Fund N Lamont St. and Riverside Dr. CIP Project 2015 $250,000 Capital Fund N East Palm Way&Riverside Dr. CIP Project 2016 $250,000 Capital Fund N E.Turgot Ave. &Riverside Dr. CIP Project 2017 $225,000 Capital Fund N R Polymer Station Replacements (3) 204-3 $30090 Capital Fund Roof Replacements at WTP 204-3 $25, 09 Capital Fund R Lime Slaker Replacements 2014 $300,000 Capital Fund R Hart Ave.Design&Grant Application Adopted on Date: 01/01/2013 OrdinanceNo. 2013 0 03 37 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Project* Schedule Cost Revenue Source LOS Non- LOS 2013-2014 $600,500 $300,000 Capital Fund N $200;000 Unspecified Water 2017-2018 $400,000 Capital Fund '1'BD $200;000 Unspecified Sewer 2017-2018 $400,000 Capital Fund TBD $-50; Unspecified Reclaimed 2017-2018 $100,000 Capital Fund TBD Unspecified Stormwater 2018 $225,000 Capital Fund '1'BD Land Acquisition for new Public Works 204; $1,958,853 Site 2015 $1,080,000 Capital Fund N MIEX Pretreatment Improvement at $3;000;000 ARTWTP 2017-2018 $6,000,000 Capital Fund N ..•..4,1• • ---..; ;-: • -: : ----- ° :•- 201-3 $6,347,283 R 204-3 $20,000 N . Aim' 1;.- - . . -- : •� ::-- 204-3 $1007000 N -; '':- 2013 $475,000 Gapital-Ftifid R IRE 09 SW Improvcmcnt3 (Updated Maatcr 2013 $2007000 Capital Fund Plan} 2013 2017 $5,335,112 Future Year Expenditure 2014-2018 $1,580,000 Capital Fund Juniper Dr. Culvert Replacement 2014 $97,824 Capital Fund R 26th St. Culvert Replacement 2014 $105,086 Capital Fund R Monson&Riverview Drive 2014 $336,650 Capital Fund N Public Works Complex Design/Construction 2014 $120,000 Capital Fund N 10th Street Water Line 2014 $25,000 Capital Fund N 2014 $100,000 Hart Ave.Water Line Improvements pital Fund R Sludge Loading Area Roofover 2014 $40,000 Capital Fund N Chemical Feed Pumps 2014 $32,500 Capital Fund N Lift Station Telemetry 2014 $25,000 Capital Fund N PUBLIC WORKS: 2013 2017 $2,202,691 Road Repaving 2014-2018 $2,240,441 General Fund R 2044 Signalize SR 442 @ 1-95 SB Ramp 2017 $287,546 Developer N Indian River Blvd. Extension (approx. 1 Adopted on Date: 01/01/2013 OrdinanccNo. 2013 0 03 38 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Project* Schedule Cost Revenue Source LOS Non- LOS mile) 204-4 2017 $4,604,160 Developer N $4-400,000 US 1 Sidewalk Construction 2014 $50,000 LAP Funds N 204-5 $3866;665 Flagler Avenue Sidewalk Construction 2014 $37,000 LAP Funds N Old County and Turgot Sidewalks 2014 $87,182 General Fund N Park Ave./Old Mission Rd. Intersection 2014 $60,000 General Fund N LEGEND:R-REPLACEMENT, N-NEW, E-EXPANDED *Projects in Fiscal Years 2013 2017 2015-2018 are currently unfunded. Table 12: Long Term (10 year)Transportation Improvements Williamson Blvd. Extension (four lanes) Indian River Blvd. Extension (four lanes) Signalize S.R. 442 at I-95 southbound ramps Signalize S.R. 442 at I-95 northbound ramps S.R. 442 at I-95 lane additions Future Transit Corridor (Williamson Blvd. extension) U.S. 1 widening (six lanes between S.R. 442 and Riverside Dr.) PROGRAM MONITORING AND EVALUATION The role of monitoring and evaluation is vital to the effectiveness of any planning program and particularly to the CIE.This is largely because the City's revenue and expenditure streams are subject to fluctuations in the market and the economy. It is the behavior of these streams which will be used to predict fiscal trends in order to maintain the City's adopted LOS standards for public facilities. Therefore, the CIE requires a continuous program for monitoring and evaluation,pursuant to Chapter 163, F.S., this Element will be reviewed on an annual basis to ensure that required fiscal resources are available to provide public facilities as necessary to support the adopted LOS standards. The annual review will be the responsibility of the local planning agency, and the City Finance Director and City Manager will serve as advisory members at all formal deliberations related to capital improvement monitoring and evaluation. The local planning agency's finding and recommendations will be presented to the City Council at a public meeting. The City Council will direct staff to take any actions deemed appropriate based on the findings and recommendations of the local planning agency. The review will include the following considerations, plus an examination of these considerations in order to determine their continued appropriateness: Adoptcd on Date: 09/01/2013 OrdinanceNo. 2013 0 03 39 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT • Any corrections, updates, modifications concerning costs; revenue sources; acceptance of facilities pursuant to dedications which are consistent with the element; or the date of construction of any facility enumerated in this Element, • The CIE consistency with the CP Elements and its support of the FLUE, • The City's ability to provide public facilities and services within the utility service area in order to determine any need for boundary modification or adjustment; • The priority assignment of existing public facility deficiencies; • The City's progress in meeting those needs determined to be existing deficiencies; • The criteria used to evaluate capital improvement projects in order to ensure that projects are being ranked in their appropriate order of priority; • The City's effectiveness in maintaining its adopted LOS standards; • The City's effectiveness in reviewing the impacts of plans and programs of State agencies and water management districts that provide public facilities within the City's jurisdiction; • The effectiveness of impact fees for assessing new development a pro rata share of the improvement costs which they generate; • The impacts of special districts and any regional facility and service provision upon the City's ability to maintain its adopted LOS standards; • The ratio of outstanding indebtedness to the property tax base; • Efforts made to secure grants and/or private funds, whenever available to finance the provision of capital improvements; • The transfer of any unexpected account balances; • The criteria used to evaluate proposed plan amendments and request for new development or redevelopment;and • Capital improvements needed for the latter part of the planning period, for inclusion in the 5-Year Schedule of Improvements. In addition to the annual Capital Improvements Element review mentioned above, each request for a development order will be reviewed by a Technical Review Committee, as designated by the City Manager, and other appropriate personnel for the purpose of establishing whether the various adopted LOS standards will be adversely impacted if development is allowed to proceed. No development order will be issued if it is determined that the public facilities needed to maintain the adopted LOS standards will not be available concurrently with the impact of the development. Further, issuance of development orders will be delayed until the correction of existing system deficiencies which are required to increase the LOS provided to the adopted standard are complete. Adoptcd on Date: 01/01/2013 OrdinanccNo. 2013 0 03 40 '" City of 1LED GE WATER CITY OF EDGEWATER COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT CONCURRENCY MANAGEMENT SYSTEM SUB-ELEMENT CHAPTER IX CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT CONCURRENCY MANAGEMENT SUB-ELEMENT CHAPTER IX CAPITAL IMPROVEMENTS ELEMENT CONCURRENCY MANAGEMENT SUB-ELEMENT A. PUBLIC FACILITIES, CAPACITIES AND LEVEL-OF-SERVICE (LOS) INVENTORY FOR CONCURRENCY MANAGEMENT The following inventories shall be maintained by the City to be used for the concurrency assessment of new development. 1. Transportation: • Design capacity of different roadway types. • The existing LOS measured by the p.m. peak hour directional trips. • The status of service degradation of those roads classified as backlogged based on the methodology described in the Transportation Element of this CP. • The adopted LOS standards for all roadway types. • The existing capacities or deficiencies of the roadway network. • The improvements to be made to the roadway network in the current fiscal year by the City, Volusia County, the Florida Department of Transportation, or other public agency and the impact of such improvements on the existing capacities or deficiencies. 2. Sanitary Sewer: • The capacity of the wastewater treatment facilities. • The existing LOS standards measured by the average number of gallons per day/per unit based on the average flow experienced at the treatment plant and the total number of equivalent residential units within the service area. • The adopted LOS standards for average daily flow per equivalent residential unit. • The existing deficiencies of the system. Adoptcd on Date: 04/01/2013 OrdinanceNo. 2013 0 03 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT CONCURRENCY MANAGEMENT SUB-ELEMENT • The reserve capacities. 3. Potable Water: • The design capacity of potable water treatment facilities. • The existing LOS measured by the average number of gallons per day per unit based on the average flows experienced and the total number of equivalent residential units within the service area. • The existing potable water storage capabilities of the water system. • The adopted LOS standards for the potable water facility components. • The existing capacities or deficiencies of the system. • The reserved capacities. 4. Solid Waste Disposal: • The design capacity of solid waste disposal facilities. • The existing LOS. • The adopted LOS standard for solid waste. • The projected capacities or deficiencies. 5. Stormwater Drainage: • The existing LOS measured by storm event as determined by the City and its Consulting Engineers. • The adopted LOS standard for stormwater drainage quantity and quality. 6. Recreation and Open Space: • The existing acreage of parkland and the existing number of recreation facilities as outlined in the Recreation and Open Space Element of this CP. • The existing LOS measured by the number of acres of parks available per 1,000 residents of the City based on an inventory of parks in the City and the population of the City. Adoptcd on Datc: 0'1/01/2013 OrdinanceNo. 2013 0 03 2 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT CONCURRENCY MANAGEMENT SUB-ELEMENT • The existing LOS guidelines for recreation facilities measured by the adopted standard based on an inventory of the facilities in the City and the population of the City. • The adopted LOS standards for park acreage and guidelines for individual recreation facilities as outlined in the Recreation and Open Space Element of this CP. • The projected capacities or deficiencies. 7. Public Schools: • The existing LOS standard for public schools measured by the Volusia County School Board. • The projected student enrollment, capital improvements, and estimated revenues measured by the Volusia County School Board. B. CONCURRENCY ASSESSMENT The Development Services Department is responsible for determining concurrency for all applications for development, redevelopment and subdivision plats. When reviewing applications for such developments, the Department performs a Concurrency Assessment to ensure that public facilities are or will be available concurrent with the impacts of the proposed development. The assessment includes a basis for the establishment of existing conditions and the capacity of existing public facilities to service new development. The Department shall identify: • The ability of existing facilities to accommodate the proposed development at the adopted LOS standards; • Any existing facility deficiencies that will need to be corrected prior to the completion of the proposed development; • The facility(s) improvements or additions that will be needed to accommodate the impacts of the proposed development at the adopted level(s)of service created by the proposed development; • The date such facility(s) improvements or additions will need to be completed to be concurrent with the impacts on such facility(s) created by the proposed development; and • A recommendation or approval or denial with any applicable conditions or the timing and location of needed improvements. Prior to the issuance of a development order for a proposed new development, the City Council and/or the Development Services Department determines: • The impacts created by the proposed development; Adoptcd on Date: 01/01/2013 OrdinanceNo. 2013 0 03 3 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT CONCURRENCY MANAGEMENT SUB-ELEMENT • Whether the public facilities covered under the Concurrency Management System will be available concurrent with the impacts of new development at the adopted LOS; • Those facility(s) improvements or additions that are required to ensure the findings of concurrency;and • The entity responsible for the design and installation of all required facility(s) improvements or additions. 1. Sanitary Sewer, Solid Waste, Stormwater and Potable Water Facilities a) A development order is issued subject to the condition that at the time of the issuance of a Certificate of Occupancy, or its functional equivalent, the necessary facilities and services are in place and available to service the new development; or b) At the time the development order is issued, the necessary facilities are guaranteed in an enforceable development agreement. c) An agreement or development order,issued pursuant to Chapter 380, F.S., to be in place and available to serve the new development at the time of the issuance of a Certificate of Occupancy. d) For potable water, prior to approval of a building permit or its functional equivalent, the City shall determine that there will be adequate water supplies and facilities available no later than the date at which the City anticipates issuing a Certificate of Occupancy to serve the new development. 2. Parks and Recreation Facilities a) At the time the development order is issued, the necessary facilities are in place,or actual construction has commenced;or b) A development order is issued subject to the condition that at the time of the issuance of a Certificate of Occupancy, the acreage for the necessary facilities to serve the new development is dedicated, or acquired by the City, or funds in the amount of the developer's fair share are committed;or c) A development order is issued subject to the conditions that the necessary facilities needed to serve the new development are scheduled to be in place, or under actual construction,not more than one (1) year after the issuance of a Certificate of Occupancy, as provided in the City's Capital Improvement Element, or d) At the time the development order is issued, the necessary facilities are the subject of a binding executed agreement which requires the necessary facilities and services to serve the new development to be in place or under Adoptcd on Date: 01/01/2013 OrdinanceNo. 2013 0 03 4 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT CONCURRENCY MANAGEMENT SUB-ELEMENT actual construction no more than one (1) year after issuance of a Certificate of Occupancy; or e) At the time the development order is issued, the necessary facilities are guaranteed in an enforceable development agreement under actual construction not more than one (1) year after issuance of a Certificate of Occupancy. 3. Transportation Facilities a) At the time a development order is issued, the necessary facilities and services are in place or under construction; or b) A development order is issued subject to the conditions that the necessary facilities and services needed to serve the new development are scheduled to be in place or under actual construction not more than three (3) years after the issuance of a Certificate of Occupancy or its functional equivalent, as provided in the adopted City's Five Year Schedule of Capital Improvements. The Schedule of Capital Improvements may include transportation projects included in the first three (3) years of the most current adopted Florida Department of Transportation Five Year Work Program. The Capital Improvement Element must include the following policies: i. The estimated date of actual project construction commencement and the estimated completion date; ii. A provision that a plan amendment is required to eliminate, defer or delay construction of any local road facility which is needed to maintain the adopted LOS standard and which is listed in the first three (3) years of the Five Year Schedule of Improvements in the Capital Improvements Element. c) At the time a development order is issued, the necessary facilities are the subject of a binding executed agreement which requires the necessary facilities to serve the new development to be in place or under actual construction no more than three (3) years after the issuance of a Certificate of Occupancy;or d) At the time a development order is issued, the necessary facilities and services are guaranteed an enforceable development agreement or an agreement or development order is issued pursuant to Chapter 380, F.S.; and will be in place or under actual construction not more than three (3) years after issuance of a Certificate of Occupancy. The adopted LOS standards (see Table CM-I) are the minimum acceptable standards with which all proposed new development shall comply. The Concurrency Management portion Adoptcd on Date: 01/01/2013 OrdinanccNo. 2013 0 03 5 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT CONCURRENCY MANAGEMENT SUB-ELEMENT of this Element does not preclude the Planning and Zoning Board or the City Council from imposing other conditions of approval, including improvements and additions to the facilities covered under this system beyond the minimum necessary to achieve concurrency. 4. School Facilities For school facilities, the following standards will satisfy the concurrency requirement: a) For district-wide concurrency service areas: 1. At the time the residential development order or permit is issued, the necessary facilities and services are in place or under construction; or 2. A residential development order or permit is issued subject to the conditions that the necessary facilities and services needed to serve the new development are scheduled to be in place or under construction not more than 3 years after permit issuance as provided in the adopted public school facilities program. b) For less than district-wide concurrency service areas: If public school concurrency is applied on less than a district-wide basis in the form of concurrency service areas, a residential development order or permit shall be issued only if the needed capacity for the particular service area is available in one or more contiguous service areas and school capacity is available district- wide as defined in Section 163.3180 F.S. C. GENERAL RULES FOR CONCURRENCY ASSESSMENT 1. Existing Deficiencies No development may be approved which will impact a facility which is currently deficient unless the facility is required to be improved in the current fiscal year pursuant to a previous development order or permit. Any needed improvements shall be completed prior to the projected impacts of the proposed development. 2. Approved Impacts The impacts of new development shall be assessed against the existing conditions and the projected impacts from approved but un-built development. These two items together shall be considered the existing conditions for all public facilities for the impact assessment of all proposed development. 3. Phasing Development that is proposed to be phased may also phase the improvement of facilities provided the concurrency requirements for each facility are met. Adoptcd on Datc: 01/01/2013 OrdinanceNo. 2013 0 03 6 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT CONCURRENCY MANAGEMENT SUB-ELEMENT 4. Time Specific Approval All development approvals shall have a time period specified in the development order or permit in which development must commence. The time period may involve two or more phases but the timing of each phase shall be specified in the development order or permit. Any required improvements shall also require a time period for construction and completion. Should development or facilities improvements fail to begin or be completed in accordance with the development order or permit, all outstanding approvals of the development shall expire. Amendments to time schedules shall be permitted but must be approved by the body granting the original approval. 5. Additional Information The Development Services Department may require additional information from applicant or other City Departments in order for an accurate assessment to be conducted. Such additional information requests shall be reasonable and be provided in writing to the applicant or appropriate Department. Should the Development Services Department require a special study (such as traffic counts on a road that is not regularly monitored), the applicant shall provide such information. Review and approval of proposed development may be postponed for a reasonable time period in order that more information may be gathered on a facility. Proposed development may be denied approval, for failure of the applicant to provide adequate information on the projected impacts created by the development. 6. Transportation The City's Land Development Code provides development thresholds at which traffic studies will be required. Required studies shall use the most recent Institute of Traffic Engineers (ITE) Manual to calculate the number of trips generated by the proposed development. The study shall then show the distribution of the projected trips, determine existing condition and project the LOS of impacted roads. Prior to the issuance of a Certificate of Occupancy, all facility improvements necessary to accommodate the impacts of that portion of the development receiving a Certificate of Occupancy shall be in place. Completed improvements may be required prior to the issuance of a building permit if deemed necessary for public safety purposes. 7. Sanitary Sewer The City's Land Development Code provides sanitary sewer use standards for residential and non-residential development based on equivalent residential units. The City may require commercial and industrial developments to provide a description and estimate of water use Adoptcd on Datc: 01/01/2013 OrdinanceNo. 2013 0 03 7 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT CONCURRENCY MANAGEMENT SUB-ELEMENT needs for any commercial or industrial processes which create wastewater that will be discharged into the City's system. Prior to the issuance of a Certificate of Occupancy, all facility improvements necessary to accommodate the impacts of that portion of the development receiving a Certificate of Occupancy shall be in place,as required by the Development Order. 8. Potable Water The City's Land Development Code provides potable water use standards for residential and non-residential development based on equivalent residential units. The City may require commercial and industrial developments to provide a description and estimate of water use needs for any commercial or industrial processes involving potable water. Prior to the issuance of a Certificate of Occupancy, all facility improvements necessary to accommodate the impacts of that portion of the development receiving a Certificate of Occupancy shall be in place,as required by the Development Order. Prior to approval of a building permit or its functional equivalent, the City shall determine that there will be adequate water supplies and facilities available no later than the date at which the City anticipates issuing a certificate of occupancy to serve the new development. All development is subject to the City's Concurrency Management System. 9. Solid Waste The City's Land Development Code provides solid waste standards for control and operation for residential, commercial and industrial developments. Developments which are potential hazardous waste generators will be responsible for coordinating with Volusia County for disposal of such waste. Prior to the issuance of a Certificate of Occupancy, all facility improvements necessary to accommodate the impacts of that portion of the development receiving a Certificate of Occupancy shall be in place. 10. Stormwater Drainage All developments shall prepare a drainage plan based on the Stormwater regulations which incorporate the LOS design storm. Such plans shall be approved by the City's Engineer prior to the approval of the development. Prior to the issuance of a building permit, all facility improvements necessary to accommodate the impacts of that portion of the development receiving the building permit shall be approved and all improvements shall be completed prior to the issuance of a Certificate of Occupancy. Adoptcd on Datc: 01/01/2013 OrdinanceNo. 2013 0 03 8 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT CONCURRENCY MANAGEMENT SUB-ELEMENT 11. Recreation The City's Land Development Code requires recreation impact fees for residential construction and/or land conveyance for new subdivisions. Commercial and industrial developments shall not be assessed as having an impact on recreational facilities. However, the City reserves the right to require the provision of recreational facilities as part of Planned Unit Developments. Adopted on Date: 01/01/2013 OrdinanceNo. 2013 0 03 9 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT CONCURRENCY MANAGEMENT SUB-ELEMENT D. GOALS, OBJECTIVES,AND POLICIES GOAL 1: The City shall undertake necessary action to economically and efficiently provide needed public facilities and services to all residents within its jurisdiction in a manner which protects investments in existing facilities, maximizes the use of existing facilities and promotes orderly compact urban growth. Objective 1.1: Capital Improvements Provision. Will be provided to correct existing deficiencies, to accommodate anticipated future growth and to replace outdated and obsolete facilities,as indicated in the Schedule of Improvements of this Element. Policy 1.1.1: Criteria for Capital Improvement Projects. The City shall include all projects identified in the other Elements of this CP determined to be of relatively large scale in cost ($25,000 or greater) as Capital Improvement Projects and are included within the Schedule of Improvements portion of this Element. Policy 1.1.2: Debt Service and Operating Expenditures. The City shall, for accounting purposes, also include into this Element Debt Service and Operating expenditures. Policy 1.1.3: Prioritizing, Scheduling, and Funding Capital Improvements. The City shall, as a matter of priority, schedule and fund all capital improvement projects in the City's annual Capital Improvement Program which are designed to correct existing deficiencies as listed in the various other Elements of this CP. Policy 1.1.4: Renewal and Replacement of Capital Facilities. The City will continue its current program of providing for renewal and replacement of capital facilities as outlined in the various Elements of this CP. Policy 1.1.5: Capital Improvements Coordinating Committee. A Capital Improvements Coordinating Committee shall be created composed of the Technical Review Committee members as designated by the City Manager to evaluate and rank, on an annual basis,in order of priority,the projects proposed to be included in the Schedule of Improvements. Policy 1.1.6: Evaluation and ranking of Capital Improvement Projects. Proposed City Capital Improvement Projects shall be evaluated and ranked in order of priority according to the following criteria: • Whether the project is needed to protect the public health and safety, to fulfill the City's legal commitment to provide facilities and services, or to preserve or achieve full use of those facilities already in place; Adopted on Date: 01/01/2013 OrdinanceNo. 2013 0 03 10 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT CONCURRENCY MANAGEMENT SUB-ELEMENT • Whether the project increases efficiency of use of existing facilities, prevents or reduces future improvement costs, provides services to develop areas lacking full service or promotes in-fill development; • Whether the project represents a logical extension of facilities and services within the designated Utility Service Area Boundary, and is coordinated with the plans of County and/or State agencies that provide facilities within the City; • Whether the project implements the policies of this CP as they pertain to the concurrency requirements; and • Whether the project is financially feasible. Objective 1.2: Proportionate Cost of Future Development. Ensure future development will bear a proportionate cost of facility improvements necessitated by the development in order to maintain the adopted LOS standards. Policy 1.2.1: Collecting Impact Fees. The City will continue to collect impact fees from development projects to pay for the provision of transportation, water, sewer and recreation facilities required by those projects. Policy 1.2.2: Considering Other Impact Fees. The City shall continue the use of other impact fees, such as for public safety services. Policy 1.2.3: New Development and Donating Fair Share of Rights-of-ways. All new development shall be required to donate or reserve their fair share of right-of-way adjacent to major roadways prior to the issuance of a final development order. Objective 1.3: Managing Financial Resources. Will manage its financial resources to ensure the provision of needed capital improvements for previously issued development orders and for future development and redevelopment. This objective shall be achieved through the implementation of the following policies: Policy 1.3.1: Maximum Ratio of Outstanding Indebtedness. In providing capital improvements, the City shall limit the maximum ratio of outstanding indebtedness to no greater than .75% of the property tax base. Policy 1.3.2: Annually Adopting the Capital Improvement Program. The City shall continue to adopt a Capital Improvement Program and an operating budget on a yearly basis as part of this budgeting process. Policy 1.3.3: Financing the Provision of Capital Improvements. The City shall continue to apply for and secure grants or private funds whenever Adoptcd on Date: 01/01/2013 OrdinanccNo. 2013 0 03 11 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT CONCURRENCY MANAGEMENT SUB-ELEMENT available to finance the provision of capital improvements and other City improvement projects. Policy 1.3.4: Issuance of Certificates of Occupancy. The City will provide for all public facilities needed to service development for which Development Orders were previously issued prior to the issuance of Certificates of Occupancy. Policy 1.3.5: Allocating the Costs of New Public Facilities. The City shall allocate the costs of new public facilities on the basis of the benefits received by the existing and future residents. GOAL 2: Maintain a Concurrency Management System to ensure public facilities and services to support development are available concurrent with the impact of development. Objective 2.1: Concurrency Management System. Will continue to utilize a Concurrency Management System so that decisions regarding the issuance of development orders and permits will be based upon coordination of the development requirements included in this CP, the Land Development Regulations,and the availability of necessary facilities to support such development. Policy 2.1.1: LOS Standards and Reviewing the Impacts of Developments. The City shall use the LOS standards (found in Table CM-I) in reviewing the impacts of new development and/or redevelopment upon public facilities and services. Adopted on Date: 01/01/2013 OrdinanceNo. 2013 0 03 12 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT CONCURRENCY MANAGEMENT SUB-ELEMENT Table CM-I: Level of Service Standards Facility Standard Sanitary Sewer 204 gallons/ERU/day Solid Waste 2.51bs/capita/day Potable Water 204 gallons/ERU/day Water quality: Meet State and Federal Drinking Water Standards Stormwater 25 year/24 hr storm Traffic Circulation Limited Access Roads B,or as otherwise prescribed by FDOT Arterial D Collectors D Guideline for Recreational LOS/Person Facilities Parkland 5 acres/1,000 persons Baseball/Softball 1 Field/4,000 persons Basketball Court 1 court/5,000 persons Tennis Court 1 court/3,500 persons Handball/Racquetball Court 1 court/4,000 persons Community Center 1 facility/30,000 persons Multi-Purpose/Soccer 1 field/4,000 persons Shuffle Board Court 1 court/1,500 persons Bocci Ball Court 1 court/10,000 persons Volley Ball Court 1 court/5,000 persons Boat Ramps 1 ramp/4,700 persons Bike/Pedestrian Trail 1 mile/4,000 persons Fitness Trails 1 mile/14,000 persons Activities Center 1/15,000 persons Gymnasium N/A Public Schools Elementary Schools 115% of permanent FISH capacity for the concurrency service area. K- 8 Schools 115% of permanent FISH capacity for the concurrency service area. Middle Schools 115% of permanent FISH capacity for the concurrency service area High Schools 120% of permanent FISH capacity for the concurrency service area Special Purpose Schools 100% of permanent FISH capacity. ERU-Equivalent Residential Units FISH—Florida Inventory of School House Adoptcd on Date: 01/01/2013 OrdinanceNo. 2013 0 03 13 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT CONCURRENCY MANAGEMENT SUB-ELEMENT Policy 2.1.2: Ensuring Adequate Water Supplies and Facilities and Concurrency. Prior to approval of a building permit or its functional equivalent, the City shall determine that there will be adequate water supplies and facilities available no later than the date at which the City anticipates issuing a certificate of occupancy to serve the new development. All development is subject to the City's Concurrency Management system. Policy 2.1.3: Tracking Water Demands and Outstanding Commitments. The City shall track current water demand and outstanding commitments in order to determine the availability of an adequate water supply for proposed developments. Policy 2.1.4: Concurrency Requirements. Provisions in the CP that ensure public facilities and service standards will be met to satisfy the Concurrency requirements are listed below: • The necessary facilities and services are in place at the time a development permit is issued; or • A development permit is issued subject to the condition that the necessary facilities and services will be in place when the impacts of the development occur; or • The necessary facilities are under construction at the time a permit is issued;or • The necessary facilities and services are guaranteed in an enforceable development agreement. The agreement must guarantee that the necessary facilities and services will be in place when the impacts of the development occur;or • At the time the development permit is issued, the necessary facilities and services are the subject of a binding executed contract which provides for the commencement of the actual construction of the required facilities or the provision of services within one (1) year of the issuance of the applicable development permit. • The necessary facilities and services are guaranteed in an enforceable development agreement which required the commencement of the actual construction of the facilities or the provision of services within one (1) year of the issuance of the applicable development permit. Adoptcd on Date: 01/01/2013 OrdinanceNo. 2013 0 03 14 CITY OF EDGEWATER CHAPTER IX COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT CONCURRENCY MANAGEMENT SUB-ELEMENT Policy 2.1.5: Evaluation Guidelines for New Development or Redevelopment. Proposed CP amendments and requests for new development or redevelopment shall be evaluated according to the following guidelines as to whether the proposed action would: • be consistent with the Utilities Element and the Coastal Management Element and not contribute to a condition of public hazard. • be consistent with the Transportation Element, Utilities Element and Recreation and Open Space Element and not intensify any existing public facility capacity deficits not envisioned within this CP. • generate public facility demands that may be accomplished by planned capacity increases. • conform to future land uses as shown on the FLUM of the FLUE. • accommodate public facility demands based upon LOS standards by provision of facilities by the developer or by the City consistent with this Element. • be consistent with the County, State and Regional agencies and water management district's facilities plans. Adoptcd on Datc: 01/01/2013 OrdinanccNo. 2013 0 03 15 Cl AGENDA REQUEST C.A. #2014-CPA-1308 Date: March 17, 2014 PUBLIC HEARING April 7, 2014 RESOLUTION ORDINANCE X BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 2"d Reading Ordinance No. 2014-0-08 Jay and Sheila Gawthrop, applicants requesting an amendment to the Comprehensive Plan Future Land Use Map to include .31± acres of property located at 2401 Swordfish Lane as Low Density Residential. OWNER: Jay and Sheila Gawthrop APPLICANT/AGENT: Jay and Sheila Gawthrop REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include property as Low Density Residential. PROPOSED USE: Residential LOCATION: 2401 Swordfish Lane AREA: .31± acres CURRENT LAND USE: Residential FLUM DESIGNATION: Volusia County Urban Low Intensity ZONING DISTRICT: Volusia County R-3W(Urban Single-Family Residential) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Single Family Residence Low Density Residential R-1 (Single-Family Residential) East Indian River Indian River Indian River South Single Family Residence Low Density Residential R-1 (Single-Family Residential) West Vacant Low Density Residential R-1 (Single-Family Residential) Background: The subject property consists of a single family residence that was built in 1982. Land Use Compatibility: The proposed low density single-family residential use is compatible with the adjacent properties. Adequate Public Facilities: This site has access to Swordfish Lane. City water and sewer services are available. Comprehensive Plan Consistency: Per the Future Land Use Element of the Comprehensive Plan, the City shall "...maintain regulations for land use categories within the City and a Future Land Use Map (FLUM) to ensure the coordination of future land uses with existing and adjacent land uses." Volusia County—Urban Low Intensity (ULI) Areas for low density residential dwelling units with a range of two-tenths (0.2) to four (4) dwelling units per acre. In reviewing rezoning requests, the specific density will depend on locational factors, particularly compatibility with adjacent uses and availability of public facilities. This residential designation is generally characterized by single family type housing, e.g., single family detached and attached, cluster and zero lot line. This designation will allow existing agricultural zoning and uses to continue. The ULI designation is primarily a residential designation but may also allow neighborhood convenience uses (see Shopping Center definition in Chapter 20) and individual office buildings as transitional uses that meet the Comprehensive Plan's location criteria. The commercial intensity shall be limited to no more than a fifty percent Floor Area Ratio (0.50 FAR) and in a manner to be compatible with the allowable residential density. In order to be considered compatible, the commercial development should be oriented to serve adjacent neighborhoods, reflect comparable traffic generation, similar traffic patterns, building scale, landscaping and open space and buffers. Due to the nature of some of the commercial uses, additional landscaping and visual screening shall be provided through the BPUD process when adjacent to low density residential in order to preserve the character of the neighborhood. More intensive neighborhood commercial use shall be reserved to areas designated for Commercial. All requests for nonresidential uses within one-quarter CA) mile of another jurisdiction shall require notification to that jurisdiction. City of Edgewater—Low Density Residential (1.0 to 4.0 units per net acre) This residential category is typically a suburban area dominated by detached single-family homes on quarter-acre lots. This is the predominant land use within the City. Other Matters: City Council approved first reading of the Ordinance by a vote of 5-0 on February 3, 2014. The proposed amendment was subsequently submitted to the Volusia Growth Management Commission (VGMC) and all other applicable agencies. The VGMC deemed the application certified without the need for a public hearing on March 12, 2014. No comments were received by any of the other applicable agencies. STAFF RECOMMENDATION Staff recommends approval of Ordinance 2014-0-08, an amendment to the Comprehensive Plan Future Land Use Map to include .31± acres of property located at 2401 Swordfish Lane as Low Density Residential. ACTION REQUESTED: Motion to approve Ordinance 2014-0-08. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: YES X NO If so, DATE: February 3, 2014 AGENDA ITEM# 8h Respec ; lly submj ed, Concurrence: Darren ear Robin L. Matusick Development Services Director Paralegal • .. / _ Tracey . :arlow City ,nager ORDINANCE NO. 2014-0-08 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 2010-0-23 AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM COUNTY URBAN LOW INTENSITY TO CITY LOW DENSITY RESIDENTIAL FOR .31± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 2401 SWORDFISH LANE, EDGEWATER, FLORIDA; PROVIDING FOR PUBLICATION, HOLDING PUBLIC HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY, THE VOLUSIA GROWTH MANAGEMENT COMMISSION, THE REGIONAL PLANNING COUNCIL, AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCY THAT HAS REQUESTED A COPY OF THE PLAN AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, from time to time it becomes necessary to amend the City of Edgewater Comprehensive Plan, and WHEREAS, a Public Hearing on the question of designating a future land use classification of the property hereinafter described has been duly held in the City of Edgewater, Florida and at such hearing, interested parties and citizens for and/or against the proposed designation of the future land use classification was heard; and WHEREAS, such amendments are permitted subject to the provisions of Chapter 163, F.S. WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency, held an advertised Public Hearing pursuant to 163.3164(30) & 163.3174(4)(a), Fla. Stat. (2012), on Wednesday, January 8, 2014, on the proposed Plan Amendment; 1 Strip passages are deleted. Underlined passages are added. #2014-0-08 WHEREAS, the City Council feels it is in the best interests of the citizens of the City of Edgewater to amend its 2011 Comprehensive Plan as more particularly set forth hereinafter. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: PART A. AMENDMENT. Article I, Section 21-04 of the City of Edgewater's Land Development Code, as amended and supplemented, adopting the Comprehensive Plan of the City of Edgewater, Florida, regulating and restricting the use of lands located within the City of Edgewater, Florida, shall be amended by this plan map amendment to: Amend the Official Future Land Use Map to include property as Low Density Residential (.31 + acres) for property described in Exhibits "A" and «B99 PART B. PUBLICATION. Notice of this proposed change of the Edgewater Comprehensive Plan shall be published in the manner prescribed by 163.3184 (11), Fla. Stat. (2012). The City Council shall hold at least ONE (1) advertised Public Hearing on the proposed Comprehensive Plan Amendment. The publication shall appear at least FIVE (5) days before the second Public Hearing (Adoption Hearing). The advertisement shall be placed in a newspaper of general paid circulation in the City of Edgewater, and of general interest and readership in the municipality, not one of limited subject matter, pursuant to Chapter 50 of the Florida Statutes. Whenever possible, the advertisement shall appear in the newspaper that is published at least FIVE (5) days a week, unless the only newspaper in the municipality is published less than FIVE (5) days a week. The advertisement shall substantially be in the following form: 2 Str-ike4hfeugh passages are deleted. Underlined passages are added. #2014-0-08 Notice of Land Use Change The City of Edgewater proposes to adopt the following ordinance: ORDINANCE NO. 2013-0-08 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 2010-0-23 AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM COUNTY URBAN LOW INTENSITY TO CITY LOW DENSITY RESIDENTIAL FOR .31± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 2401 SWORDFISH LANE, EDGEWATER, FLORIDA; PROVIDING FOR PUBLICATION, HOLDING PUBLIC HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY, THE VOLUSIA GROWTH MANAGEMENT COMMISSION, THE REGIONAL PLANNING COUNCIL, AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCY THAT HAS REQUESTED A COPY OF THE PLAN AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE. A public hearing (transmittal stage) on the ordinance changing the Future Land Use Map will be held on February 3, 2014 at 6:00 p.m. at the Community Center, 102 N. Riverside Drive, Edgewater, Florida 32132. (map for insertion into the advertisement is attached hereto and incorporated herein as Exhibit "B') The advertisement shall contain a geographical-location map which clearly indicates the area covered by the proposed ordinance. The map shall also include major street names as a means of identification of the general area. PART C. PUBLIC HEARINGS. 3 Strike r passages are deleted. Underlined passages are added. #2014-0-08 As a condition precedent to the adoption of this ordinance amending the City's 2011 Comprehensive Plan, the City Council shall hold at least one advertised public hearing on the proposed comprehensive plan or plan amendment as follows: The first public hearing shall be held at the transmittal stage pursuant to subsection 163.3184 (11), Fla. Stat. (2012). The second public hearing shall be held at the adoption stage. It shall be held on a weekday at least 5 days after the day that the advertisement is published. The Adoption Hearing shall be held within 180 days of the Department of Economic Opportunity having issued its Objections, Comments, and Recommendations Report to the City. PART D. TRANSMITTAL OF AMENDMENTS TO PLAN. Immediately following the Transmittal Hearing, the City Manager or his designee shall send ONE (1) paper copy and TWO (2) electronic copies of the proposed Plan Amendment to the Florida Department of Economic Opportunity, Division of Community Planning, and all other items specified to be transmitted in accordance with Chapter 163, Fla. Stat. (2012). The City Manager or his designee shall also, immediately following the Transmittal Hearing, transmit a copy of the proposed Plan Amendment to the Volusia Growth Management Commission, Volusia County, Regional Planning Council, the St. Johns River Water Management District, (Water Management District), Florida Department of Transportation, Department of Environmental Protection and to any other unit of local government or governmental agency in the State that has filed a written request with the City of Edgewater for a copy of such plan amendment. Within TEN (10) working days following the Adoption Hearing, the City Manager or his designee shall transmit FIVE (5) copies of the Plan Amendment and a copy of this ordinance to the Florida Department of Economic Opportunity. The City Manager or his 4 Strike-through passages are deleted. Underlined passages are added. #2014-0-08 designee shall also transmit within TEN (10) working days a copy of the adopted Amendment to the Comprehensive Plan to the Volusia Growth Management Commission, Volusia County, Regional Planning Council, the St. Johns River Water Management District (Water Management District), Florida Department of Transportation, and Department of Environmental Protection. PART E. CONFLICTING PROVISIONS. All ordinances and resolutions, or parts thereof that are in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART F. EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. PART G. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or 5 Strike4fireugh passages are deleted. Underlined passages are added. #2014-0-08 circumstance. PART F. ADOPTION. After Motion to approve by After Motion to approve by Councilman Emter with Second by Councilwoman Power, the vote on the first reading of this ordinance held on February 3, 2014, was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Christine Power X Councilwoman Gigi Bennington X Councilman Mike Ignasiak X Councilman Gene Emter X After Motion to approve by with Second by , the vote on the second reading/public hearing of this ordinance held on was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter 6 mike-through passages are deleted. Underlined passages are added. #2014-0-08 PASSED AND DULY ADOPTED this day of 2014. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this day of legality by: Aaron R. Wolfe, Esquire 2014 under Agenda Item No. 8 . City Attorney Doran, Sims, Wolfe & Kundid 7 Strike-through passages are deleted. Underlined passages are added. #2014-0-08 EXHIBIT "A" LEGAL DESCRIPTION Parcel 1, Block 4, Ranken Subdivision, Unrecorded, being a parcel of land in the U.S. Lot 1, Section 1, Township 18 South, Range 34 East, described as follows: The South 85 feet of the North 385 feet except the West 50 feet of U.S. Lot 1, Section 1, Township 18 South, Range 34 East; together with an easement over the East 25 feet of the West 50 feet of the South 85 feet of the North 385 feet of said U.S. Lot 1 and with right to use the following described easements: an easement for ingress and egress over the West 25 feet of the South 969.64 feet of the North 1269.64 feet of U.S. Lot 1, Section 1, Township 18 South, Range 34 East and a 25 foot easement over the South 25 feet of the North 50 feet over that Part of the Northeast 1/4 of the Southeast 1/4 of Section 2, Township 18 South, Range 34 East, lying East of U.S. No. 1 Highway, Volusia County, Florida. 8 Strike through passages are deleted. 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UC AGENDA REQUEST C.A. #2014-RZ-1306 Date: March 17, 2104 PUBLIC HEARING April 7, 2014 RESOLUTION ORDINANCE X BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 2" Reading Ordinance No. 2014-0-09 Jay and Sheila Gawthrop, applicants requesting an amendment to the Official Zoning Map to include .31± acres of property located at 2401 Swordfish Lane as R-2 (Single-Family Residential) OWNER: Jay and Sheila Gawthrop APPLICANT/AGENT: Jay and Sheila Gawthrop REQUESTED ACTION: Amendment to the Official Zoning Map to include property as R-2 (Single- Family Residential) PROPOSED USE: Residential LOCATION: 2401 Swordfish Lane AREA: .31± acres CURRENT LAND USE: Residential FLUM DESIGNATION: Volusia County Urban Low Intensity ZONING DISTRICT: Volusia County R-3W (Urban Single-Family Residential) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Single Family Residence Low Density Residential R-1 (Single-Family Residential) East Indian River Indian River Indian River South Single Family Residence Low Density Residential R-1 (Single-Family Residential) West Vacant Low Density Residential R-1 (Single-Family Residential) Background: The subject property contains a single family residence that was built in 1982. Land Use Compatibility: The proposed low density single-family residential use is compatible with the adjacent properties. Adequate Public Facilities: This site has access to Swordfish Lane. City water and sewer services are available. Comprehensive Plan Consistency: Per Table III-1 of the Land Development Code the proposed R-2 (Single-Family Residential) zoning district is compatible with the proposed Low Density Residential Future Land Use designation. Other Matters: City Council approved first reading of the Ordinance by a vote of 5-0 on February 3, 2014. STAFF RECOMMENDATION Staff recommends approval of Ordinance 2014-0-09, an amendment to the Official Zoning Map to include .31± acres of property located at 2401 Swordfish Lane as R-2 (Single-Family Residential). ACTION REQUESTED: Motion to approve Ordinance 2014-0-09. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: YES X NO If so, DATE: February 3, 2014 AGENDA ITEM# 8i Resp: ully submit4, Concurrence: r ■ Darren ear 1— Robin L. Matusick Development Services Director Paralegal racey . Barlow City Manager ORDINANCE NO. 2014-0-09 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY R-3W (URBAN SINGLE-FAMILY RESIDENTIAL) TO CITY R-2 (SINGLE FAMILY RESIDENTIAL) FOR .31± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 2401 SWORDFISH LANE, 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. Jay and Sheila Gawthrop have applied for annexation of property located at 2401 Swordfish Lane, within Volusia County, Florida. Subject property contains approximately .31 + acres. 2. The owner/applicant has submitted an application for a change in zoning classification from County R-3W (Urban Single-Family Residential) to City R-2 (Single Family Residential) for the property described herein. 3. On January 8, 2014 the Local Planning Agency (Planning and Zoning Board) considered the application for change in zoning classification. 4. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. 5. The proposed change in zoning classification is not contrary to the established land use pattern. 6. The proposed change in zoning classification will not adversely impact public facilities. 7. The proposed change in zoning classification will not have an adverse effect on the natural environment. 8. The proposed change will not have a negative effect on the character of the 1 eke gh passages are deleted. Underlined passages are added. #2014-0-09 surrounding area. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA. The zoning classification for the following described property is hereby changed from R-3W (Urban Single-Family Residential)to City R-2 (Single Family Residential) for the property described in Exhibit"A". PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA. The Development Services Director is hereby authorized and directed to amend the Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the above described property. PART C. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Volusia County, Florida. PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART G. ADOPTION. 2 Strike-though passages are deleted. Underlined passages are added. #2014-0-09 After Motion to approve by After Motion to approve by Councilman Emter with Second by Councilwoman Power, the vote on the first reading of this ordinance held on February 3, 2014, was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Christine Power X Councilwoman Gigi Bennington X Councilman Mike Ignasiak X Councilman Gene Emter X After Motion to approve by with Second by , the vote on the second reading/public hearing of this ordinance held on , 2014, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter 3 Str-ike4hfeugh passages are deleted. Underlined passages are added. #2014-0-09 PASSED AND DULY ADOPTED this day of , 2014. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this day legality by: Aaron R. Wolfe, Esquire of , 2014 under Agenda Item No. City Attorney 8 . Doran, Sims, Wolfe& Kundid 4 Strike gh passages are deleted. Underlined passages are added. #2014-0-09 EXHIBIT "A" LEGAL DESCRIPTION Parcel 1, Block 4, Ranken Subdivision, Unrecorded, being a parcel of land in the U.S. Lot 1, Section 1, Township 18 South, Range 34 East, described as follows: The South 85 feet of the North 385 feet except the West 50 feet of U.S. Lot 1, Section 1, Township 18 South, Range 34 East; together with an easement over the East 25 feet of the West 50 feet of the South 85 feet of the North 385 feet of said U.S. Lot 1 and with right to use the following described easements: an easement for ingress and egress over the West 25 feet of the South 969.64 feet of the North 1269.64 feet of U.S. Lot 1, Section 1, Township 18 South, Range 34 East and a 25 foot easement over the South 25 feet of the North 50 feet over that Part of the Northeast 1/4 of the Southeast 1/4 of Section 2, Township 18 South, Range 34 East, lying East of U.S. No. 1 Highway, Volusia County, Florida. 5 Str-ike4hfeugh passages are deleted. Underlined passages are added. #2014-0-09 AGENDA REQUEST Date: March 30, 2014 PUBLIC HEARING RESOLUTION ORDINANCE April 7, 2014 BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 2"d Reading - Ordinance 2014-0-11 Calling a Referendum to be held on November 4, 2014 elections on the question of Economic Development Ad Valorem Tax Exemptions. BACKGROUND: At the February 3, 2014 City Council meeting, the Council gave direction to staff to prepare language for the November 2014 ballot on the question of Economic Development Ad Valorem Tax Exemptions. Then on March 3, 2014, the City Council approved the first reading of Ordinance No. 2014-0-11. F.S. Chapter 196, s 196.1995 provides for economic development ad valorem tax exemptions. The law gives the governing authority of any municipality the authority to call a referendum within its jurisdiction to determine whether the city may grant economic development ad valorem tax exemptions under s. 3, Article VII of the State Constitution. The City Council must vote to hold such referendum and the ballot question for the referendum must be in substantially the following form: Shall the Edgewater City Council be authorized to grant, pursuant to s. 3, Art. VII of the State Constitution, property tax exemptions to new businesses and expansions of existing businesses that are expected to create new, full-time jobs in the municipality? Yes—For authority to grant exemptions No—Against authority to grant exemptions If the referendum passes (simple majority vote in favor), the City Council, at its discretion, by ordinance may exempt qualified businesses from ad valorem taxation up to 100 percent of the assessed value of all improvements to real property made by or for the use of a new qualified business adding jobs and of all tangible personal property of such new qualified business, or up to 100 percent of the assessed value of all added improvements to real property made to facilitate the expansion of an existing qualified business adding jobs and of the net increase in all tangible personal property acquired to facilitate such expansion of an existing business, provided that the improvements to real property are made or the tangible personal property is added or increased on or after the day the ordinance is adopted. Property acquired to replace existing property would not be considered to facilitate a business expansion. Tax exemptions under this tax abatement referendum may be for a maximum of 10 years. The tax exemption would only apply to the taxes levied by the City. As well, the tax exemption would not apply to any taxes levied/collected by the City for the repayment of bonds issued for specific projects. If the referendum passes, the authority to grant these tax exemptions would be for a total of 10 years. At that point, if the City Council wishes to continue with the program, it would need to place the issue on the ballot again for subsequent 10-year periods. Under the tax exemption program, businesses would need to complete written applications with the City and meet specific requirements as outlined in state statutes with regards to being classified as a qualified new or expanding business as well as creating a specific number of jobs (at a specific rate of pay) over a defined timeframe. Agreements under this program are approved by ordinance. The attached Ordinance No. 2014-0-11 would approve the referendum language and give formal approval to place the issue on the November ballot. STAFF RECOMMENDATION: Approve the second reading of Ordinance No. 2014-0-11. ACTION REQUESTED: Motion to approve the second reading of Ordinance No. 2014-0-11. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES X NO If so, DATE: 1st reading March 3, 2014 AGENDA ITEM # 8c R ectfully submitted, Concurrence: Ja t Shira Robin L. Matusick Economic Development/Event Coordinator Paralegal /( Trace . Barlow City anger ORDINANCE NO. 2014-0-11 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, CALLING A REFERENDUM OF QUALIFIED ELECTORS RESIDING IN THE CITY TO BE HELD ON NOVEMBER 4, 2014, ON THE QUESTION OF ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS; SETTING FORTH THE BALLOT QUESTION; AUTHORIZING THE OFFICE OF THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE AND BALLOT LANGUAGE TO THE ELECTIONS SUPERVISOR OF THE COUNTY OF VOLUSIA; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, §196.1995, Fla. Stat., provides that the governing authority of any municipality may call a referendum within its jurisdiction to determine whether the municipality may grant economic development ad valorem tax exemptions under §3, Article VII of the State Constitution, if the governing authority of the municipality votes to hold such referendum; and WHEREAS, the City Council of the City of Edgewater, Florida, desires to include language on the November 4, 2014 ballot for the purpose of determining whether the city may grant such economic development ad valorem tax exemptions. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1: Request for Ballot Question. That a question be included on the November 4, 2014 ballot for the qualified electors residing in the City of Edgewater, Florida to determine whether the City of Edgewater, Florida may grant economic development ad valorem tax exemptions under §3, Article VII of the State Constitution. All qualified electors residing in the City shall be entitled and permitted to vote on such referendum. 1 Strike th passages are deleted. Underlined passages are added. #2014-0-11 SECTION 2: Ballot Question. That pursuant to §196.1995, Fla. Stat., the ballot question in the referendum shall be in substantially the following form: Shall the Edgewater City Council be authorized to grant, pursuant to §3, Art. VII of the State Constitution, property tax exemptions to new businesses and expansions of existing businesses that are expected to create new, full- time jobs in the municipality? Yes—For authority to grant exemptions No—Against authority to grant exemptions SECTION 3: REFERENDUM ELECTION. A referendum election is hereby called and scheduled at the time of the next regularly scheduled general election, November 4, 2014, to determine whether the ballot question appearing in Section 2 hereof shall be approved by a majority of the votes cast in such election in which qualified electors residing in the City shall participate. Such referendum election shall be held and conducted in the manner prescribed by law. The places for voting in such referendum election shall be such locations as are established for all City elections. All duly qualified electors of the City of Edgewater shall be entitled to participate in said election. SECTION 4: NOTICE OF REFERENDUM ELECTION. Notice of said election shall be published in accordance with Section 100.342, Florida Statutes, in a newspaper of general circulation within the City at least thirty (30) days prior to said election, the first publication to be in the fifth (5th) week prior to the election, and the second publication to be in the third (3`a) week prior to the election, and shall be substantially in the form set forth in Section 2 of this Ordinance or as otherwise lawfully provided. Copies of this Ordinance shall be made available for public inspection during regular business hours at the City Hall. SECTION 5: COORDINATION WITH SUPERVISOR OF ELECTIONS AND DUTIES. The City Clerk, with necessary assistance from the Supervisor of Elections for Volusia County, is hereby authorized to take all appropriate actions necessary to carry into effect and 2 Stfike4hrough passages are deleted. Underlined passages are added. #2014-0-11 accomplish the electoral provisions of this Ordinance. The City Clerk is authorized to arrange for early voting as authorized by law. SECTION 6: VOTER REGISTRATION BOOKS. The Supervisor of Elections for Volusia County is hereby authorized and requested to furnish to the inspectors and clerks at each place where the votes are to be cast in such City referendum, applicable portions of the registration books or certified copies thereof showing the names of the qualified electors residing in the City of Edgewater. SECTION 7: EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. The proposed referendum described in Section 1, above, shall only be effective if a majority of the qualified electors of the City of Edgewater voting at the general election vote for its adoption and shall be considered adopted and effective upon certification of the election results as provided herein. SECTION 8: CONFLICTING ORDINANCES. All ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 9: SEVERABILITY. If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, that holding in no way affects the remaining portions of this Ordinance. 3 Stfike-tlifettgli passages are deleted. Underlined passages are added. #2014-0-11 SECTION 10: ADOPTION. After Motion to approve by Councilman Emter with Second by Councilwoman Power with the vote on the first reading of this ordinance held on March 3, 2014, as follows: AYE NAY Mayor Mike Thomas X Councilwoman Christine Power X Councilwoman Gigi Bennington EXCUSED Councilman Mike Ignasiak X Councilman Gene Emter X After Motion to approve by with Second by , the vote on the second reading/public hearing of this ordinance held on April 7, 2014, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter 4 Strike passages are deleted. Underlined passages are added. #2014-0-11 PASSED AND DULY ADOPTED this 7th day of April, 2014. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 7th day of legality by: Aaron R. Wolfe, Esquire April, 2014 under Agenda Item No. 8 . City Attorney Doran, Sims, Wolfe, Kundid, Ciocchetti & Wagner 5 Stfike4hreugh passages are deleted. Underlined passages are added. #2014-0-11 ?ta AGENA REQUEST Date: March 24, 2014 PUBLIC HEARING April 7, 2014 RESOLUSTION April 7, 2014 ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: Resolution 2014-R-07 Approving the Local Agency Program (LAP) Agreement between the City of Edgewater and the Florida Department of Transportation (FDOT) to facilitate the construction of the SR 5 (US1) Sidewalk Project from Volco Road to North City Limits of Edgewater(10th Street), FPN#430183-1-58/68-01 APPLICANT/AGENT: City of Edgewater BACKGROUND: The FDOT has requested the City of Edgewater to enter into, execute, and deliver the LAP Agreement for Project Number FPN #430183-1-58/68-01, the construction of the SR 5 (US1) Sidewalk Project from Volco Road to North City Limits of Edgewater (10th Street). The total length of the project is approximately 3.3 miles. The construction of the project is funded in FDOT's Work program with Surface Transportation Program (ST?) funds for a total of$1,199,777. The state and federal funding for this project is $1,184,007. The City's responsibility is $15,770. STAFF RECOMMENDATION: Staff recommends approving Resolution 2014-R-07, the LAP Agreement between the City of Edgewater and FDOT for construction of the SR 5 (US 1) Sidewalk Project from Volco Road to North City Limits of Edgewater (10t Street) and authorize the Mayor to execute the associated agreement and authorize City staff to do the appropriate budget amendment. ACTION REQUIRED: Motion to approve Resolution 2014-R-07, the LAP Agreement between the City of Edgewater and FDOT for construction of the SR 5 (US 1) Sidewalk Project from Volco Road to North City Limits of Edgewater (10th Street) and authorize the Mayor to execute the associated agreement and City staff to do the appropriate budget amendment. FINANCIAL IMPACT: (FINANCE DIRECTOR) ,+,� • ■ C (SPECIFY IF BUDGET AME '•MNT IS REQUIRED)YES PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, Concurrence: ,'ac Corder Robin Matusick isure Services Director Paralegal 'I Tracey,:ar ow City anager RESOLUTION#2014-R-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA; APPROVING THE FLORIDA DEPARTMENT OF TRANSPORTATION'S LOCAL AGENCY PROGRAM AGREEMENT ("LAP"), FPN 430183-1-58/68-01; REPEALING RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Transportation and City of Edgewater desire to facilitate the construction of the SR 5 (US 1) Sidewalk Project; and WHEREAS, the State of Florida Department of Transportation has requested the City of Edgewater enter into, execute and deliver the Local Agency Program Agreement for Project Number FPN 430183-1-58/68-01. NOW, THEREFORE,be it resolved by the City Council of the City of Edgewater, Florida as follows: Section 1. The City Council approves the Local Agency Program Agreement for the construction of the SR 5 (US 1) Sidewalk Project (FPN 430183-1-58/68-01) and hereby authorizes the Mayor to execute said Agreement, which is attached hereto and incorporated herein as Exhibit «A„ Section 2. The City Clerk is hereby instructed to forward a fully executed original of the Florida Department of Transportation Local Agency Program Agreement, FPN 430183-1-58/68-01 to the Florida Department of Transportation. Section 3. If any section, subsection, sentence, clause, phrase, or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any Court, such portion or application shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions or applications hereof Section 4. All resolutions or parts of resolutions in conflict herewith are hereby 2014-R-07 1 repealed. Section 5. This resolution shall take effect upon adoption. After motion by and second by , the vote on this resolution was as follows: AYE NAY Mayor Michael Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter PASSED,APPROVED AND ADOPTED this 7th day of April, 2014. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L.Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater,Florida. Approved as to form and Edgewater at a meeting held on this 7th day of legality by: Aaron R. Wolfe,Esquire April, 2014 under Agenda Item No. 8 . City Attorney Doran, Sims,Wolfe,Kundid, Ciocchetti& Wagner 2011-R-16 2 Exhibit "A" 2014-R-07 3 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT OGC-1/14 Page 1 FPN: 430183-1-58-01 Fund: SA, SU FLAIR Approp: 088716 Federal No: 4043-133-C Org Code: 55054010508 FLAIR Obj: 790091 FPN: 430183-1-68-01 Fund: SA, SU FLAIR Approp: 088718 Federal No: 4043-133-C Org Code: 55054010508 FLAIR Obj: 790078 FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: County No:79 Contract No: Vendor No: F596-000-314-002 Data Universal Number System (DUNS) No: 80-939-7102 Local Agency DUNS No: 78-208-0501 Catalog of Federal Domestic Assistance(CFDA): 20.205 Highway Planning and Construction THIS AGREEMENT, made and entered into this day of , 2014 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the Department, and the CITY OF EDGEWATER, 104 N. Riverside Drive, Post Office Box 100, Edgewater, Florida 32132 hereinafter called the Agency. WITNESSETH: WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in construction of the State Road 5 (US 1) sidewalk proiect, from Volco Road to North City Limits of Edgewater (10th Street) and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the "Project," and to provide Department financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the Project will be undertaken and completed. 1.01 Attachments: Exhibit(s) "A," "B,"and "1"are attached and made a part hereof. 2.01 General Requirements: The Agency shall complete the Project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. The Project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this Agreement. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of the Project. Inactivity and Removal of Any Unbilled Funds Once the Department issues a Notice to Proceed (NTP)for the Project, the Agency shall be obligated to submit an invoice or other request for reimbursement to the Department for all work completed for the Project no less frequently than on a quarterly basis, beginning from the day the NTP is issued. If the Agency fails to submit quarterly (or more frequently than quarterly) invoices to the Department as required herein and in the event said failure to timely submit invoices to the Department results in FHWA removing any unbilled funding or in the loss of State appropriation authority (which may include the loss of state and Federal funds, if there are state funds programmed to the Project), then the Agency will be solely responsible to provide all funds necessary to complete the Project and the Department will not be obligated to provide any additional funding for the Project. The Agency waives the right to contest such removal of funds by the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT OGC-1/14 Page 2 Department, if the removal is related to FHWA's withdrawal of funds or if the removal is related to the loss of State appropriation authority. In addition to the loss of funding for the Project, the Department will also consider the de- certification of the Agency for future LAP Projects. Removal of All Funds If all funds are removed from the Project, including amounts previously billed to the Department and reimbursed to the Agency, and the Project is off the state highway system, then the department will have to request repayment for the previously billed amounts from the Agency. No state funds can be used on off-system projects. 2.02 Expiration of Agreement: The Agency agrees to complete the Project on or before two (2) years from the Agreement's Execution Date. If the Agency does not complete the Project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed after the expiration date of this Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the Project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, including federal-aid requirements, to enable the Agency to provide the necessary funds for completion of the Project. 2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department and the Federal Highway Administration (FHWA) may require. The Agency shall use the Department's Local Agency Program Information Tool and applicable information systems as required. 3.00 Project Cost: 3.01 Total Cost: The total cost of the Project is $ 1,199,777.00. This amount is based upon the schedule of funding in Exhibit "B." The Agency agrees to bear all expenses in excess of the total cost of the Project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00. 3.02 Department Participation: The Department agrees to participate in the Project cost to the extent provided in Exhibit"B." This amount includes federal-aid funds which are limited to the actual amount of federal-aid participation. 3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible Project costs is subject to: a) Legislative approval of the Department's appropriation request in the work program year that the Project is scheduled to be committed; b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and d) Department approval of the Project scope and budget at the time appropriation authority becomes available. 3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT OGC-1/14 Page 3 3.05 Multi-Year Commitment: In the event this Agreement is in excess of$25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of$25,000 and which have a term for a period of more than 1 year." 3.06 Notice-to-Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice- to-Proceed (NTP) from the Department. The Agency agrees to advertise or put the Project out to bid thirty (30) days from the date the Department issues the NTP to advertise the Project. If the Agency is not able to meet the scheduled advertisement, the District LAP Administrator should be notified as soon as possible. 3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the Project or part thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation. Where correctable non-compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in parcel or Project costs in part or in total. For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved schedule of funding for the Project. The schedule of funding may be revised by mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the Department's Comptroller and to the Department's Federal-aid Program Office. No increase or decrease shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records of the Agency and all subcontractors performing work on the Project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim or audit is started before the expiration of the 5-year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 5.02 Costs Incurred for Project: The Agency shall charge to the Project account all eligible costs of the Project except costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT OGC-1/14 Page 4 5.03 Documentation of Project Costs: All costs charged to the Project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria: The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by the Department, as described in this section. Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes, as revised (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Department's Office of Inspector General (OIG), and the Chief Financial Officer(CFO) or Auditor General. Audits Part I - Federally Funded: Recipients of federal funds (i.e., state, local government or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria: 1. In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit "1" of this Agreement indicates federal resources awarded through the Department by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department. The determination of amounts of federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1 the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than federal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II - State Funded: Recipients of state funds (i.e., a non-state entity as defined by Section 215.97(2) (I), Florida Statutes)are to have audits done annually using the following criteria: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a state single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes, applicable rules of the Executive Office of the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "1" to this Agreement indicates state financial assistance awarded through the Department by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other non-state entities. State financial assistance does STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT OGC-1/14 Page 5 not include federal direct or pass-through awards and resources received by a non-state entity for federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. Part III - Other Audit Requirements: The recipient shall follow up and take corrective action on audit findings. Preparation of a Summary Schedule of Prior Year Audit Findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the dispute is resolved. Access to Project records and audit work papers shall be given to the Department, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV-Report Submission: 1. Copies of financial reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A- 133, as revised, by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit(a�dot.state.fl.us b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1)and (2), OMB Circular A-133, as revised), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 c) Other federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited Schedule of Expenditures of Federal Awards directly to each of the following: Florida Department of Transportation STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT OGC-1/14 Page 6 Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit(a)dot.state.fl.us In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the financial reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any Management Letters issued by the auditor, to the Department at each of the following addresses: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit()dot.state.fl.us 3. Copies of the financial reporting package required by Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit a(�.dot.state.fl.us b) The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the Management Letter required by Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: a) The Department at each of the following address(es): Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit a@.dot.state.fl.us 5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133, as revised, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, should indicate the date that the financial reporting package was delivered to the recipient in correspondence accompanying the financial reporting package. Part V - Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT OGC-1/14 Page 7 independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the Department. 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Departments authorized representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to audit the books, records, and accounts pertaining to the financing and development of the Project. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1) (c), Florida Statutes). 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right- of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department no later than October 15 of each year. 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof(Section 287.058(1)(a), Florida Statutes). All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and Chapter 3-"Travel" of the Department's Disbursement Operations Manual, Topic 350-030-400 (Section 287.058(1)(b), Florida Statutes). If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. 7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the Project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement or payments to the Project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the Project which, under this Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having been advised by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph 12.07. 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the Project which the FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal-aid. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT OGC-1/14 Page 8 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all Projects costs incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for the Project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7.08 Final Invoices: The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be paid. 8.00 Termination or Suspension of Project: 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. (a) If the Department determines that the performance of the Agency is not satisfactory, the Department shall notify the Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty(30) days of such notice. Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction. If the deficiency is not corrected within such time period, the Department may either(1) immediately terminate the Agreement as set forth in paragraph 8.(b) below, or(2)take whatever action is deemed appropriate by the Department to correct the deficiency. In the event the Department chooses to take action and not terminate the Agreement, the Agency shall, upon demand, promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting the deficiency. (b) If the Department terminates the Agreement, the Department shall notify the Agency of such termination in writing, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. (c) If the Agreement is terminated before the Project is completed, the Agency shall be paid only for the percentage of the Project satisfactorily performed for which costs can be substantiated. Such payment, however, shall not exceed the equivalent percentage of the contract price. All work in progress will become the property of the Department and will be turned over promptly by the Agency. 8.02 Action Subsequent to Notice-of-Termination or Suspension: Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which the financing is to be computed; (b) furnish a statement of the Project activities and contracts and other undertakings the cost of which are otherwise includable as Project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of federal financial participation in the Project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.00 Contracts of Agency: 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the Project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with the Agency, where said project involves a consultant contract for STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT OGC-1/14 Page 9 engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the consultant selection process for all projects. In all cases, the Agency's attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. Furthermore, the Agency agrees that: (a) Each financial assistance agreement signed with a US-DOT operating administration (or a primary recipient) must include the following assurance: "The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 C.F.R. Part 26. The recipient shall take all necessary and reasonable steps under 49 C.F.R. Part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's DBE program, as required by 49 C.F.R. Part 26 and as approved by Department, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 C.F.R. Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.)." (b) Each contract signed with a contractor(and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: "The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate." 11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable. 11.01 Performance Evaluation: Agencies are evaluated on a project-by-project basis. The evaluations provide information about oversight needs and provide input for the recertification process. Evaluations are submitted to the Agency's Responsible Charge or designee as part of the Project closeout process. The Department provides the evaluation to the Agency no more than 30 days after final acceptance. 11.02 Performance Evaluation Ratings: Each evaluation will result in one of three ratings. A rating of Unsatisfactory Performance means the Agency failed to develop the Project in accordance with applicable federal and state regulations, standards and procedures, required excessive District involvement/oversight, or the Project was brought in-house by the Department. A rating of Satisfactory Performance means the Agency developed the Project in accordance with applicable federal and state regulations, standards and procedures, with minimal District involvement/oversight. A rating of Above Satisfactory Performance means the Agency developed the Project in accordance with applicable federal and state STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT OGC-1/14 Page 10 regulations, standards and procedures, without District involvement/oversight. 11.03 Delegation of Authority: The District will determine which functions can be further delegated to Agencies that continuously earn Satisfactory and Above Satisfactory evaluations. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the Project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12.02 Title VI — Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations. 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto. 12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. 12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non-Responsibility: An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. 12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the Project or any property included or planned to be included in the Project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT OGC-1/14 Page 11 such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. The Agency shall insert in all contracts entered into in connection with the Project or any property included or planned to be included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement. 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. 13.07 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the Project. The Department will review all plans and specifications and will issue to the Agency a written approval with any approved portions of the Project and comments or recommendations covering any remainder of the Project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency a written approval with said remainder of the Project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. The Agency will physically include Form FHWA-1273 in all its contracts and subcontracts. 13.08 Right-of-Way Certification: Upon completion of right-of-way activities on the Project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is required. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT OGC-1/14 Page 12 13.09 Agency Certification: The Agency will certify in writing, prior to Project closeout that the Project was completed in accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's name, and the Project is accepted by the Agency as suitable for the intended purpose. 13.10 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 13.11 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original and such counterparts together shall constitute one and the same instrument. 13.12 Restrictions on Lobbying: Federal: The Agency agrees that no federally-appropriated funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federally-appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency. 13.13 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency ® will ❑ will not maintain the improvements made for their useful life. 13.14 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has 30 working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment(voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3) (b), Florida Statutes, will be due and payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at 850-413-5516. 13.15 Reimbursement of Federal Funds: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT OGC-1/14 Page 13 The Agency shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review conducted by Department and or FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the Agency and FHWA requires reimbursement of the funds, the Agency will be responsible for repayment to the Department of all funds awarded under the terms of this Agreement. 13.16 E-VERIFY The Agency: 1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by Agency during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT OGC-1/14 Page 14 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY CITY OF EDGEWATER STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: Name: Name: Frank J. O'Dea, P.E. Title: Title: Director of Transportation Development Attest: Attest: Title: Title: Administrative Assistant Legal Review: See attached Encumbrance Form for date of funding approval by Comptroller. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE O8/O6 Page 15 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 430183-1-58/68-01 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and the the City of Edgewater, 104 N. Riverside Drive, Post Office Box 100, Edgewater, Florida 32132 Dated PROJECT LOCATION: The project is X is not on the National Highway System. The project X is is not on the State Highway System. PROJECT DESCRIPTION: The project involves the construction of concrete sidewalk along the east and west sides of SR 5 (US 1) from Volco Road to North City Limits of Edgewater (10th Street), approximately 3.3 miles. Work will involve construction of an 8-ft wide concrete sidewalk on the east side of SR 5 (US 1) from Volco Road to SR 442. The remaining concrete sidewalk will vary from 4-ft to 6-ft wide, 4" to 6"thick, filling in areas between existing sidewalks on both the east and west sides of SR 5 (US 1) from SR 442 to North City limits (10th Street). Additional work includes the construction of turnouts, Type E and F curb & gutter, concrete bus landings, gravity wall, aluminum guiderail, installation of sod, signing and pavement markings, and the replacement of concrete driveways and Type F curb & gutter/drop curb. All pedestrian features are to be ADA compliant. Removal of existing Type F curb & gutter, concrete and asphalt pavement, and concrete pads and benches is required. Drainage work involves constructing piping, corresponding drainage structures, as well as the removal of existing piping and drainage structures. Permitting is anticipated. Utility work involves the installation of pull boxes, conduit, a manhole curb frame and door, and removal of utility poles. Coordination with the utility companies will be required for utility relocations and installations. Lighting work includes the installation of four light poles with associated wiring. Coordination with FP&L for lighting will be required. No addition R/W is required. Additional notes - Undergrounding work for FPL is non-reimbursable and will be paid through Local Funds. Undergrounding work for AT&T is reimbursable since it is required to comply with ADA requirements. The project funding shall be reduced to an amount equal to the award amount and/or the actual contract costs. SPECIAL CONSIDERATIONS BY AGENCY: Invoices shall be submitted on a monthly basis and progress reports shall be submitted as requested to: Vince Vacchiano, Operations Special Projects Manager Florida Department of Transportation 719 South Woodland Boulevard, MS 3-506 DeLand, Florida 32720 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 08/06 Page 16 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and the funding action from any other source with respect to the project. The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) N/A Study to be completed by N/A . b) Design to be completed by N/A . c) Right-of-Way requirements identified and provided to the Department by N/A d) Right-of-Way to be certified by N/A . e) Construction contract to be let by N/A . f) Construction to be completed by 3/30/2015 If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of federal funding. SPECIAL CONSIDERATIONS BY DEPARTMENT: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 09/11 Page 17 EXHIBIT "B" SCHEDULE OF FUNDING AGENCY NAME&BILLING ADDRESS FPN: CITY OF EDGEWATER 104 N. Riverside Drive 430183-1-58-01 Post Office Box 100 430183-1-68-01 Edgewater, Florida 32132 PROJECT DESCRIPTION Name: Construction of Sidewalks along SR 5(US 1)from Volco Road to North City Limits of Edgewater(101 Street) Length: 3.3 miles Termini: State Road 5(US 1)from Volco Road to North City Limits of Edgewater(101 Street) FUNDING (1) (2) (3) TOTAL AGENCY STATE& TYPE OF WORK By Fiscal Year PROJECT FUNDS FUNDS FEDERAL FUNDS Planning FY: FY: FY: Total Planning Cost • Project Development&Environment(PD&E) FY: FY: FY: Total PD&E Cost Design FY: FY: FY: Total Design Cost • Right-of-Way FY: FY: FY: Total Right-of-Way Cost Construction FY: 2013/2014 $1,014,777.00 $15,770.00 $ 999,007.00 FY: FY: FY: Total Construction Cost $1,014,777.00 $15,770.00 $ 999,007.00 Construction Engineering and Inspection(CEI) FY: 2013/2014 $ 185.000.00 $ 185,000.00 FY: FY: Total CEI Cost $ 185,000.00 $ 185,000.00 Total Construction and CEI Costs $1,199,777.00 $15,770.00 $1,184,007.00 TOTAL COST OF THE PROJECT $1,199,777.00 $15,770.00 $1,184,007.00 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 08/06 Page 18 EXHIBIT "1" SINGLE AUDIT ACT Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following: Federal Agency: Federal Highway Administration CFDA#: 20.205 Highway Planning and Construction Amount: $1,184,007.00 Compliance Requirement: Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance for bridges on and off the federal-aid highways, highway safety activities, bicycle and pedestrian projects, transportation enhancement activities, the recreational trails program, and planning, research, development, and technology transfer. Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state. Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49 C.F.R. and the OMB cost principles applicable to the recipient/sub-recipient. Eligibility: By law, the federal-aid highway program is a federally assisted state program that requires each state to have a suitably equipped and organized transportation department. Therefore, most projects are administered by or through State Departments of Transportation (State DOTs). Projects to be funded under the federal-aid highway program are generally selected by state DOTs or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same manner as other federal-aid highway projects, with the territorial transportation agency functioning in a manner similar to a state DOT. Most Federal Land Highway Program (FLHP) projects are administered by the Federal Highway Administration (FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies (FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal Governments and are approved by the Bureau of Indian Affairs (BIA) and the FHWA. Due to recent legislation, Tribal Governments meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA. The Fish and Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and Parkways Programs, respectively. For the Forest Highway Program, the Forest Service, the States and the FHWA jointly select projects. Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections 112.061, 215.422, 339.12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R. AGENDA REQUEST Date: April 4.2014 PUBLIC HEARING RESOLUTION April 7,2014 ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: Resolution 2414-R-09 Identifying Future Transportation, Bicycle and Pedestrian System Needs and Requesting Inclusion of the Identified Needs into the Volusia County Transportation Planning Organizations Long Range Transportation Needs Plan. BACKGROUND: The attached resolution outlines identified future transportation, bicycle and pedestrian needs for the area and request that staff make application for various applicable funding sources, to include the Volusia Transportation Planning Organization's 2040 Long Range Transportation Needs Plan, STAFF RECOMMENDATION: Staff recommends that the City Council adopt Resolution 2014-R-09. ACTION REQUESTED: Motion to approve Resolution 2014-R-09. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO X If so, DATE: N/A AGENDA ITEM# Respecf lly submitted, Concurrence: Darren Lear V V f racey T arlow Development Servic Director City Whager Robin L. Matusick Paralegal RESOLUTION#2014-R-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, IDENTIFYING FUTURE TRANSPORTATION, BICYCLE AND PEDESTRIAN SYSTEM NEEDS, WHICH ALSO REFLECT THE PROMOTION OF IDENTIFIED NEEDS IN NEIGHBORING JURISDICTIONS AND REQUESTING INCLUSION OF THE IDENTIFIED NEEDS INTO THE VOLUSIA COUNTY TRANSPORTATION PLANNING ORGANIZATION'S 2040 LONG RANGE TRANSPORTATION REPORT; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION UPON APPROVAL TO VOLUSIA COUNTY AND THE VOLUSIA TRANSPORTATION PLANNING ORGANIZATION; REPEALING RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Edgewater shares with other Florida cities the converging challenges of maintaining an aging transportation, bicycle and pedestrian infrastructure while also attempting to expand mobility resources for neighborhoods, business investment, economic vitality and future development; and WHEREAS, these challenges are compounded by the depletion of viable funding resources for transportation systems even as the needs for funding increase; and WHEREAS, cities' options for transportation, bicycle and pedestrian system revenues are decreasing and the demand for transportation infrastructure maintenance, improvement and expansion is growing; and WHEREAS, Florida's municipalities do not have sufficient viable funding mechanisms to implement adequate transportation system improvements; and 2014-R-09 1 WHEREAS, as the condition of the transportation, bicycle and pedestrian infrastructure needs is considered to increase and the cost becomes significantly more expensive for the construction of additional relief facilities; and WHEREAS, the cost to the public extends beyond these direct costs in the form of impacts on the quality of life, on the business investment climate, and on the ability to travel without facing delays, detours and congestion; and WHEREAS, the City of Edgewater has identified future transportation, bicycle and pedestrian infrastructure needs for the area (attached hereto and incorporated herein as Exhibit "A") and request that the list be included in the Volusia Transportation Planning Organization's 2040 Long Range Transportation Needs Plan; NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida as follows: Section 1. The City of Edgewater hereby has identified future transportation, bicycle and pedestrian infrastructure needs, which also reflect the promotion of identified needs in neighboring jurisdictions (attached hereto and incorporated herein as Exhibit "A") and requests that staff make application for various applicable funding sources, to include the Volusia Transportation Planning Organization's 2040 Long Range Transportation Needs Plan. Section 2. The City Council directs the City Clerk to transmit a copy of this Resolution upon approval and adoption to Volusia County and the Volusia Transportation Planning Organization. Section 3. If any section, subsection, sentence, clause, phrase, or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any Court, 2014-R-09 2 such portion or application shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions or applications hereof. Section 4. All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Section 5. This resolution shall take effect immediately upon its adoption. Section 6. After a motion to approve by with second by the vote on this resolution was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Michael Ignasiak Councilman Gene Emter PASSED, APPROVED AND ADOPTED this 7th day of April, 2014. ATTEST. CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 7th day of legality by: Aaron Wolfe, Esquire April, 2014 under Agenda Item No. 8 City Attorney 2014-R-09 3 EXHIBIT "A" List is not prioritized and initiatives shall be considered as funding sources exist 1) Extension of S.R. 442 from I-95 intersection to S.R. 415 (2 lanes with right-of-way capacity for future widening). 2) Identify need for additional or enhancement of routes going to Area of 10`" Street College, Middle and High School. 3) Identify need for inclusion of sidewalks going to area of 10`" Street college,middle and high schools. 4) Completion of sidewalks on S. Ridgewood Ave. to Volco Rd. 5) Extension of sidewalk on S.R. 442 from Airpark Rd. west to I-95 (intersect with Rails-to Trails trail) 6) Completion of trail on the Rails-to-Trails program from I-95 Intersection to W. Park Ave. 7) Widening of Park Ave. from ParkTowne Industrial Center to Old Mission Rd. 8) Extension of Park Ave. west to N. Cow Creek Rd. (2 lanes with Right-of-way capacity for future widening). 9) Improve intersection safety at S. Ridgewood Ave and Turgot Ave. to include consideration of a traffic signal and/or intersection improvements,which may include the need for a right turn lane on Turgot Ave. 10) Extend Park Ave. to the Restoration Development. _11)_Installation of a sidewalk on Flagler Ave._from Park Ave. to 12`" Street. 12) All projects as identified in the Bicycle/Pedestrian Facility Master Plan. Initial prioritization is as follows a) Sidewalk/Trail on S.R. 442 west to East Central Florida Rail'frail b) Sidewalk/Trail on Hibiscus Dr. 16`" Street south to 30t' Street c) Sidewalli/Trail on 16"' Street west to Mango Tree Dr. d) Sidewalk/Trail on Mango Tree Dr. from 16`" Street north to Park Ave. e) Sidewalk/Trail on Fern Palm Dr. from S.R. 442 north to Turgot Ave. 2014-R-09 4 AGENDA REQUEST Date: February 5, 2014 PUBLIC HEARING RESOLUTIONS ORDINANCE BOARD OTHER APPOINTMENT 03/03/14 CONSENT BUSINESS ITEM DESCRIPTION: Request for re-appointment to the Edgewater Library Board due to the term of Larry Middleton expiring on December 6, 2013. BACKGROUND: Larry Middleton was appointed to the Library Board on November 1,2010. His current term expired on December 6, 2013 and he is requesting reappointment. STAFF RECOMMENDATION: At the February 4, 2014 meeting of the Library Board, they unanimously voted to recommend the City Council reappoint Larry Middleton for another three-year term. ACTION REQUESTED: Motion to reappoint Larry Middleton for another three-year term to the Edgewater Library Board. FINANCIAL IMPACT: (FINANCE DIRECTOR) N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, _isa loomer Library Board Board Coordinator :lb Attachment /3/Iv Larry W.Middleton 3433 Woodland Drive Edgewater, FL 32141 January 31, 2014 City Council City of Edgewater 104 North Riverside Drive Edgewater, FL 32132 As a current member of the City of Edgewater Library Advisory Board I would like to continue to serve as a member of the board for an additional two-year term and I am asking for reappointment. Sincerely, Larry W. Middleton MrLarry @bellsouth.net UI I Y OF EDGEWATER RECEIVED JUL 16 2013 + £ Y IEDGEWATEI{j erg/CLERK ADVISORY BOARD—VOLUNTEER APPLICATION Thank you for your interest in serving the City of Edgewater. Your completion of this application is necessary so that the members of the City Council can thoroughly review each application as part of their consideration for the appointment. Please choose the Board(s)for which you wish to apply. If applying for more than one Board, you must number in order of your preference. ANIMAL CONTROL CITIZEN CODE ENFORCEMENT* LIBRARY POLICE PENSION* CONSTRUCTION REGULATION* 1 RECREATION&CULTURAL SERVICES 3 ECONOMIC DEVELOPMENT 2 PLANNING&ZONING* FIREFIGHTERS PENSION* VETERANS PARK AVD.COW/MILE SCHOOL SCHOLARSHIP COMMITTEE Members of the Boards with an asterisk(*) are required to file a Financial Disclosure form within 30 days of appointment. PERSONAL INFORMATION Name Donna Martin Address 2729 Travelers Palm Dr. Home Phone 386-402-4247 Business/Cell Phone E-Mail Address djmartin1940 @gmail.net Occupation stained glass artist Are you a resident of Edgewater? Y how long 1 Year Is your principal place of employment in Edgewater? yes Are you currently serving on a City Board? no Have you ever served on a City Board? yes If yes,when and which Board? bicycle path back in early 2000's REFERENCES—Please list three business and/or personal Ron Grutz,Nest NSB 315 Live Oak,NSB 235-6331 Name,address and phone Salty Mckay The Hub NSB 386.957.3924 Name,address and phone Vicki Geho 315 Pine St.NSB 428-7621 Name,address and phone 1 (Page _ _ • EDUUCATION High School Cass Tech,Michigan College Oakland University, Rochester MI Degree(s)BA General, minor Human Resource Development WORK EXPERIENCE 30 years Bookkeeping and operations for different companies retired from Chrysler, Auburn Hills, MI INTEREST/ACTIVITIES the arts, nature, and excellent education opportunities COMMUNITY INVOLVEMENT new member of Audubon, teacher at the summer art camp"Art is Creation" at The Artists' Workshop WHY DO YOU DESIRE TO SERVE ON THIS/THESE BOARD(S)? To protect my town's value by improving the reasons to live here. EXPERIENCE/QUALIFICATIONS RELATED TO BOARD(S)APPLYING FOR In Michian I was on the zoning appeal board A resume or separate sheet with additional information may be included with your application. I understand the responsibilities associated with being a board member,and I have adequate time to serve if a To' e•. Oki/./ ■ /-' "' 7/14/13 •pplicant Signature Date Please return this application to Bonnie Wenzel, City Clerk, City of Edgewater, P.O. Box 100, Edgewater FL 32132 or drop off in the City Clerk's Office, 104 N. Riverside Drive, Edgewater FL 32132. If you have any questions please call 386-424-2400. OFFICE USE ONLY Date Application Received Date Appointed to Board Board Appointed to Date Resigned from Board 2IPage CITY OF EDCEWATEP RECEIVED w 012013 EDGEWATER' CITY CLERK ADVISORY BOARD—VOLUNTEER APPLICATION Thank you for your interest in serving the City of Edgewater. Your completion of this application is necessary so that the members of the City Council can thoroughly review each application as part of their consideration for the appointment. ............. Please choose the Board(s) for which you wish to apply. If applying for more than one Board, you must number in order of your preference. ANIMAL CONTROL CITIZEN CODE ENFORCEMENT* x LIBRARY POLICE PENSION* CONSTRUCTION REGULATION* . RECREATION&CULTURAL SERVICES ECONOMIC DEVELOPMENT PLANNING&ZONING* FIREFIGHTERS PENSION* VETERANS PARK AVD.COMMITTEE SCHOOL SCHOLARSHIP COMMITTEE Members of the Boards with an asterisk(*) are required to file a Financial Disclosure form within 30 days of appointment. PERSONAL INFORMATION� � Name r 15 I .J- /24 Address ) � c7 �,� 5 C G h/ ) , //4 5 Home Phone??6 ‘-/ '1- 7 Business/Cell Phone 33°4 G %,- Occupation `p i ��i?J Are you a resident of Edgewater how t S long �I y Is your principal place of employment in Edgewater At the present time, do you serve on any other City Boards or Commissions A/U if yes,please list each Have you ever served on any Boards, agencies or committees ADD if yes,please list each REFERENCES—Please list three business an d//or))personal g eL Son 'raw' Zola 0 P qb4 fr n 5 6'i �q_qZ ' ' Npie, address and phone / on ,-o k) 5�/✓ (>�ZZ vJ'G<� IJI�• Un01 d d� 13046.41 F i 3 - ' - '73/ addres d phone Q G� ¢/y14, oX o m c n el 13 t a i`� 5 . 1� 5. I3 •�-P 1R4- '{o'L- e333 Name, add e d phone 11Page EDUCATION J High School ,r c ��_ A , //G/- College Degree(s) WORK EXPERIENCE _ _ i R � � (��o� �, vo I INTEREST/ACTIVITIES L.G2 :C /We Ltcri� COMMUNITY INVOLVEMENT I)o ,4 p WHY DO YOU DESIRE TO SERVE ON THIS/THESE BOARD(S)? C> 2_(�h7�Yl � G�� /`rQYJ I / Y%C � d U/Lr/ ho �>Lt) A 19 17_01 n 7,e.s EXPERIENCE/QUALIFICATIONS • LATED TO BOARD(S) APPLYING FOR - P•o ee•i1 - ) e - • A resume or separate sheet with additional information may be included with your application. I understand the responsibilities associated with being a board member, and I have adequate time to serve if- +pointed. Applicaa-Signature bat- Please return this application to Bonnie Wenzel, City Clerk, City of Edgewater, P.O. Box 100, Edgewater FL 32132 or drop off in the City Clerk's Office, 104 N. Riverside Drive, Edgewater FL 32132. If you have any questions please call 386-424-2400. OFFICE USE ONLY Date Application Received L y�C� t _FG . -11` Date Appointed to Board Board Appointed to Date Resigned from Board 21Page Worked for two years as secretary for State Representative Gary Cunningham— 1970 to 1972. Went to Tallahassee for Legislative Sessions. Worked with Mr. Cunningham in his New Smyrna Beach office and took care of the office when he was out of town. During those two years I also met Mr.J.Hyatt Brown who,at that time, was also a member of the Legislature,and was President of Brown&Brown Insurance in Daytona Beach. When Mr. Cunningham decided not to run for re-election,Mr.Brown hired me to work in the Brown&Brown office and I stayed 29 years,retiring in July of 2004. Prior to moving to Edgewater,I lived in New Smyrna Beach for more than 40 years(in the same house)at 634 Yupon Street. The yard was a big responsibility,plus my son lives in Edgewater and when some condos were built close to him he suggested I sell the house and move to Edgewater—and so here I am. clb AGENDA REQUEST Date: February 24, 2014_ PUBLIC HEARING RESOLUTIONS ORDINANCE BOARD OTHER APPOINTMENT 4/7/14 CONSENT BUSINESS ITEM DESCRIPTION: Citizen Code Enforcement Board appointment. BACKGROUND: Glenn Barnhill has requested reappointment to the Citizen Code Enforcement Board. His term expires April 18, 2014. Membership of the Citizen Code Enforcement Board consists of seven (7)members appointed by Council. STAFF RECOMMENDATION: Reappoint Glenn Barnhill to the Citizen Code Enforcement Board. ACTION REQUESTED: Motion to reappoint Glenn Barnhill to the Citizen Code Enforcement Board. FINANCIAL IMPACT: (FINANCE DIRECTOR NA (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: N/A AGENDA ITEM NO.: c -_•: � lly submitted, hontella Jacks°,oard Coordinator Citizen Code En •rcement Board Agenda.request.form.rev.2/16/2000 February 24, 2014 To: Mayor and City Council I am currently on the Code Enforcement Board and would like to be reappointed to continue another term. I enjoy serving on the Code Enforcement Board and would like to continue my duties. Thank you for your consideration in advance. Sincerely, Glenn Barnhill 602 S. Riverside Dr. Edgewater, FL 32132 lOa AGENDA REQUEST Memo #2014-022 Date: February 24, 2014 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS April 7, 2014 ITEM DESCRIPTION: Agreement with Southeast Volusia Humane Society BACKGROUND: The City currently has an Agreement for Professional Veterinary, Shelter Operation and Management Services of our Animal Shelter with Glencoe Veterinary Hospital pursuant to a Request for Qualifications (RFQ #11-LS-002). The City has learned that at times, the Shelter is unable to take animals due to overcrowding. Therefore, Staff has determined that there is a need to obtain additional services with the Southeast Volusia Humane Society for when additional space or services are needed. Attached is an Agreement for Services between the Southeast Volusia Humane Society and the City of Edgewater. STAFF RECOMMENDATION: Staff recommends that City Council approves entering into the agreement with Southeast Volusia Humane Society and authorize the Mayor to execute same. ACTION REQUESTED: Motion to approve the agreement with Southeast Volusia Humane Society and authorize the Mayor to execute same. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO X If so, DATE: N/A AGENDA ITEM # Respectfully submitted, Concurrence: Trace/T. :arlow Robin L. Matusick Cit anager Paralegal AGREEMENT FOR SERVICES BETWEEN THE SOUTHEAST VOLUSIA HUMANE SOCIETY AND CITY OF EDGEWATER THIS AGREEMENT made and entered into this day of , 2014 by and between the CITY OF EDGEWATER, a municipal corporation (hereinafter referred to as "CITY"), whose address is P. O. Box 100, Edgewater, FL 32132-0100 and the SOUTHEAST VOLUSIA HUMANE SOCIETY, INC., a Florida non-profit corporation (hereinafter referred to as "HUMANE SOCIETY"), whose address is 1200 South Glencoe Road,New Smyrna Beach, FL 32168. WHEREAS, in order to enforce Chapter 5 (Animal Services) of the City of Edgewater's Code of Ordinances and the laws of the State of Florida with respect to stray animals, the City may desire to deliver some stray animals to the Humane Society for humane impoundment, adoption and disposition of said animals when the City of Edgewater Animal Shelter is at/over full capacity; and WHEREAS, the Humane Society is organized for the purpose of preventing cruelty to animals and is interested in assuring that impounded animals are sheltered in a humane manner and those which must be destroyed, be so in a humane manner. The Humane Society also cooperates in assisting in the implementation of animal control ordinances, while assisting in the adoption and placement of animals; and WHEREAS, the City currently utilizes the services of the City of Edgewater Animal Shelter however, it is hereby acknowledged that from time to time, the Edgewater Shelter might be at full capacity or for some other unknown reason would not be able to accept additional animals which would result in the City being in need of additional services/space for additional placement of animals; and 1 (Agreement/Humane Society—2014) WHEREAS, the City wishes to enter into an agreement with the Humane Society for the following: (1) additional space that might be needed or required to assist the Edgewater Animal Shelter and/or, if needed (2) to be utilized by the City of Edgewater as the City's full service animal shelter and at such time this agreement may be amended as needed. NOW, THEREFORE, in consideration of the agreements, premises, mutual covenants and other good and valuable considerations, the parties agree as follows: 1) Responsibilities of Humane Society — the Humane Society hereby agrees to the following: a) to maintain and operate an animal shelter in a manner adequate for the confinement, remedial treatment, adoption and disposal of stray or abandoned dogs and cats which may be delivered from the City of Edgewater and will furnish at its sole expense all supervision, labor, animal food, tools, supplies and other items necessary for the satisfactory performance of the services agreed to be provided herein. Remedial care shall be provided and will be at the sole discretion of the Humane Society's staff and Board of Directors; b) only accept stray or abandoned dogs and cats with an intake voucher delivered to the Humane Society by the City's Police Department, Animal Control Officers, Code Enforcement Officers and residents or other personnel so designated to act on the City's behalf by the City Manager if the Humane Society has the ability and facilities to safely and humanely house and control such animals. Furthermore, the decision to accept or reject these animals shall be solely within the discretion of the Humane Society; c) cooperate with the City's designated animal control officers in enforcement and implementation of the City's ordinances and to implement such rules and regulations as shall further the enforcement and implementation thereof; d) provide the means to accept, at all times, all stray animals delivered to the shelter by the City's Animal Control Officers, Police Officers, Code Enforcement Officers or other designated 2 (Agreement/Humane Society—2014) officers appointed by the City with the appropriate intake voucher for this purpose. Upon delivery by a citizen of an injured or stray animal, the Humane Society will request the individual's name, street address and/or post office address and the location where the animal was found or retrieved; e) provide space for confinement, observation and care of any stray animal picked up or delivered from the City of Edgewater that is suspected of rabies, or any stray animal which has bitten or exposed a person to rabies, and shall accept, care for and dispose of any such animal delivered to the facility in accordance with the instructions of the Volusia County Health Department. The Humane Society will immediately report such notification to the City's Animal Services, of any animal delivered or reported to the Humane Society that is suspected of rabies or for having bitten or exposed any person from the City of Edgewater to rabies. Pursuant to its responsibilities for rabies control, the City's Animal Services shall be afforded reasonable access to the Shelter for the examination of any suspected rabid animals impounded therein from the City of Edgewater; f) when a stray animal is delivered to the Humane Society, with the appropriate intake voucher, for impoundment and when the animal bears an identification tag, tattoo or implant indicating ownership of the animal, the Humane Society within one (1) working day after receipt of such animal, shall use its best efforts to notify the owner thereof and inform the owner of the procedure whereby the owner can recover the animal. Provided, however, that any animal suspected of rabies or which has bitten or exposed any person, shall not be released to its owner for at least a ten (10) day quarantine period without the express approval of the Volusia County Health Department or a City of Edgewater representative; g) to hold the identified animal for not less than three (3) days/seventy-two (72) hours before adoption of the animal. The final day of the holding period shall only occur on a day in which the Shelter is open for normal operating activities. When a stray animal with no 3 (Agreement/Humane Society—2014) identifiable indication of ownership is delivered to the shelter with the appropriate intake voucher and is not suspected of rabies or has not bitten or otherwise exposed any persons to rabies, the Humane Society shall impound the animal for a period of not less than three (3) days/seventy-two (72) hours before adoption of the animal. If the owner has not retrieved the animal, it becomes the property of the Humane Society who shall hereafter provide for the adoption or disposal of the animal in accordance with its routine methods and procedures. The final day of the holding period shall occur on a day in which the Shelter is open for normal operating activities, unless the animal is in health distress and/or contagious; h) the Humane Society agrees to assist in the distribution of informational pamphlets, copies of the animal control ordinance or other material to better inform the public of the law and responsibilities of pet ownership; i) make every effort to utilize rescue groups and foster homes to the maximum extent possible; j) at its discretion, humanely euthanize any animal upon arrival, or prior to the three (3) day/seventy-two (72) hour holding period if said animal is thought to be suffering because of illness or injury, or any animal determined to have a contagious condition that could affect the health of other animals in the facility; k) provide to the City monthly records indicating the number of animals delivered to the shelter by the City's Animal Services, number of animals delivered to the shelter by residents of the City (all such animals shall have the appropriate intake voucher), number of animals adopted, number of animals delivered from the City that were euthanized and the number of animals delivered from the City that were given to rescue groups. 2. Responsibilities of the City—the City of Edgewater hereby agrees to the following: 4 (Agreement/Humane Society—2014) a) to indemnify and hold harmless the Humane Society from any claims, suits or judgments arising from any apprehension, impoundment of any animal, including the destruction of said animal; b) to annually budget and appropriate funds for the implementation by the Humane Society of this Agreement; c) when a City Animal Control Officer apprehends an animal that has an identification tag, tattoo or implant indicating ownership of the animal, the City shall use its best efforts to notify the owner thereof and inform the owner of the procedure whereby the owner can recover the animal; d) "VOUCHER" - The City of Edgewater will have an "INTAKE VOUCHER" System where any animal delivered to the Humane Society will only be accepted if that individual (animal control officer, police officer, code enforcement officer, citizen, etc) has a Voucher from the City. When the Humane Society submits their invoice to the City, copies of the vouchers must be included for reimbursement; 1) When an animal is left in the night time "drop box" and it is proven that it is from an Edgewater resident, the Animal Services Department will provide the appropriate Intake Voucher for said animal as long as it is within the budgetary guidelines. e) the City of Edgewater is NOT responsible for any other municipality in which there currently exists an Interlocal Agreement for the City's services for animal services. Therefore, i.e. the City of Oak Hill would be financially responsible for animals that come from that jurisdiction regardless of whether or not our officers deliver them to the Humane Society. f) when a City representative delivers an animal from another jurisdiction/municipality, said officer/representative shall inform the Humane Society that the animal is from another jurisdiction/municipality and make sure the Humane Society Intake Card is filled out appropriately reflecting the name of the correct jurisdiction/municipality for billing purposes. 5 (Agreement/Humane Society—2014) 3) Mutual Responsibilities - The City of Edgewater and the Southeast Volusia Humane Society agree as follows: a) both parties agree to indemnify and hold harmless each other from any claims, suits or judgments arising from any apprehension, impoundment of any animal, including the destruction of said animal; b) on July 1st of each year, the Humane Society shall submit to the City, a copy of their proposed rates for the proceeding time period of October 1st— September 30th (city fiscal year); c) the budget and appropriations by the City shall commence on October 1st of each year and terminate upon September 30th; d) the City, upon receipt of the proposed rates, shall review the services of the Humane Society and either the City or the Humane Society shall be entitled to renegotiate the terms of this Agreement within one hundred twenty (120) days of receipt of the proposed rates; e) Intake Voucher System — both parties agree to utilize the Voucher System as a receipt/confirmation for any animal. Any animal delivered to the Humane Society without a voucher will not be charged against the City; f) Confiscated Animals - Both parties agree to comply with the statutory requirements contained in Florida Statutes (§828.073) in regards to confiscated animals; g) Dangerous Dogs - Both parties agree to comply with the statutory requirements contained in Chapter 767, Florida Statutes (§767.12 and §767.13) as it relates to dangerous dogs. Animals will be delivered from Animal Services or other designated city representative in a safe and restrained manner. Feral animals and dangerous dogs will be delivered in humane traps, cages or under the restraint of a control pole. Animals will not be delivered in cardboard boxes, plastic type of household containers or buckets that are not intended for animal transporting purposes. Animals considered tame or domesticated must be on a leash or in an animal transport carrier. 6 (Agreement/Humane Society-2014) h) Wildlife — Both parties hereby agree that the Humane Society does NOT accept wildlife (wild pigs, domesticated pigs, snakes, livestock or any other form of exotic animal). However, the Humane Society will accept certain small species (raccoon, opossum, etc) strictly for euthanasia. 4. Service Fees— In consideration of the agreement and undertakings to be performed by the Humane Society, the City agrees to pay the Humane Society an amount of $85.00 per animal (which includes three (3) days/seventy-two (72) hours of hold time) accompanied with the required Voucher. The City agrees to pay an additional fee of $17.00 per day for any animal the City impounds over the three (3) days/seventy-two (72) hours holding period. Any additional days must be approved by a City designated representative. Payment shall be made on a monthly basis for animals: a) received from the City's Animal Services or designated representative with the required Voucher; b) any dog or cat originating from within the City and delivered to the Humane Society by a private citizen with the required Voucher; c) confiscated animals will be charged at a rate of$65.00 for the first day, plus $25.00 per animal for each additional day thereafter. All charges to be paid by the City; d) the Humane Society shall collect from the owner of any animal returned, all costs for which the City would be responsible. The Humane Society will credit the City's account for monies collected. No animal shall be returned to its owner until all costs have been collected or the City waives its costs; e) the Humane Society may at its discretion, return an animal to its owner without collecting return fees. In addition,the Humane Society will NOT charge the City for said animal; 7 (Agreement/Humane Society—2014) f) Euthanasia fee —the Humane Society may charge a $50.00 fee to be paid by the City for any dog, cat, raccoon, opossum and any other small species of wild animal delivered for euthanasia. g) Owner surrenders — the Humane Society asks for a donation from the owner of the surrendered animal. There will be no charge to the City for any owner surrender. 5. Access to Financial Records— The Humane Society shall maintain books and records directly pertinent to performance on funded services under this Agreement. Said records shall be open to inspection by the City or its authorized representatives to determine compliance with this Agreement. The City will give twenty-four (24) hour notice of such inspection which will be conducted only during normal working hours. An Animal Control Officer or representative shall review documents monthly to verify all animals designated as an animal from the City of Edgewater is from the incorporated area and was delivered with the appropriate intake voucher. Any animal found to be from the unincorporated area shall be removed and placed under the appropriate location. 6. Term and Financial Responsibility— This Agreement shall take effect on the day of , 2014 and shall remain in full force and effect for a one (1) year period ending , 2015. This Agreement may be canceled without cause by the City or the Humane Society upon thirty (30) day written notice. 8 (Agreement/Humane Society—2014) IN WITNESS WHEREOF, the parties have caused this Agreement to be entered into this day of , 2014. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA Bonnie Wenzel Michael L. Thomas City Clerk Mayor Dated: Robin L. Matusick Paralegal WITNESSES: SOUTHEAST VOLUSIA HUMANE SOCIETY Debra D. Laibe, President Dated: 9 (Agreement/Humane Society—2014) lab AGENDA REQUEST Date: March 24, 2014 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS April 7, 2014 ITEM DESCRIPTION: Countywide joint funding of a Strategic Action Plan to Reduce Homelessness in the County of Volusia. BACKGROUND: Most recently there has been a great amount of discussion regarding the challenges of assisting and providing for the needs of homeless within the county. The City of Daytona Beach has taken the lead to coordinate further research in order to establish a plan for the future of these growing needs. The City of Daytona has received a proposal from Dr. Marbut who is well known for such work in many other larger regions throughout the United States. The attached proposal is for an amount of $50,000 to develop a Strategic Action Plan to Reduce Homelessness in the County of Volusia. As this initiative would benefit the entire county, the Volusia Council of Governments (VCOG) has recommended the funding source to divide the cost among incorporated and unincorporated jurisdictions based on their population. Our cost based on 4.19% of the county's population is $2,097. STAFF RECOMMENDATION: Authorize the contribution of$2,097 towards the Strategic Action Plan to Reduce Homelessness in the County of Volusia. ACTION REQUESTED: Motion to approve the contribution of$2,097 towards the Strategic Action Plan to Reduce Homelessness in the County of Volusia. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM # Respectfully submi , Concurrence: J.- Alit.„ Tracey . Barlow Robin L. Matusick City anager Paralegal ‘ 4*') ' II it Von WI I I ,s( I 1 1 Al'it Il j 1-ii :�t February 27, 2014 Greetings: Homelessness in Volusia County is increasing and will continue to do so as the State's population grows and as winters worsen up north. While current homeless programs in the area have certainly had successes, can we do better?Are there other approaches that could have greater positive impact? Recently many people, led most notably by Judge Belle Schumann, are advocating implementation of a program based on Pinellas County's Safe Harbor Program as a better approach. We invited Dr. Robert Marbut, the architect of that program, to Daytona Beach to speak to the community on January 10th and his presentation was well received. Subsequently I asked Robert to prepare the attached consulting proposal for the development of a Strategic Action Plan. Dr. Marbut's proposal is to develop a plan specifically for Volusia County based on direct personal observation and research as well as considerable input from key stakeholders. It will be an inclusive process and I'd like to invite your jurisdiction to assist in financing the study and to be active participants in formulation of the Action Plan. The Daytona Beach City Commission will be asked to approve the contract to proceed with the study at their March 5th meeting. The City of Daytona Beach will fund the entire contract amount if needed as we see this as a critical first step, but we would certainly welcome your financial contribution. Homelessness in Volusia County is not one city's problem and we look forward to partnering with other communities to find solutions. Sincerely, r/ i 7 ' �/ (,� 'V James V. Chisholm j; JVC/by • 1).(). 13o\ 24 I • 1)av tc,nd 13exch. 11. :,2115-2451 • Phone 3116-(171-S6OO. 1'ay ;86-071_8605. chish'tlnnia0),111 tn. Breakdown of Dr. Marbut's total proposal for homelessness study 2012 Break down population %of pop per pop DAYTONA BEACH 61806 12.48% $ 6,240 D.B. SHORES 4,255 0.86% 430 DEBARY 19,338 3.90% 1,952 DELAND 27,700 5.59% 2,796 DELTONA 85,281 17.22% 8,609 EDGEWATER 20,776 4.19% 2,097 HOLLY HILL 11,665 2.36% 1,178 LAKE HELEN 2,619 0.53% 264 NEW SMYRNA BEACH 22,792 4.60% 2,301 OAK HILL 1,788 0.36% 181 ORANGE CITY 11,226 2.27% 1,133 ORMOND BEACH 38,607 7.80% 3,898 PIERSON 1,691 0.34% 171 PONCE INLET 3,046 0.62% 308 PORT ORANGE 56,386 11.38% 5,692 SOUTH DAYTONA 12,294 2.48% 1,241 VOLUSIA COUNTY 114,003 23.02% 11,509 Population $ 495,273 100.00% $ 50,000 COST PER PERSON >>> $0.10 Mr. James V. Chisholm City Manger The City of Daytona Beach P.O. Box 2451 Daytona Beach, FL 32115-2451 Dear Mr. Chisholm, As you requested,this is proposal for work. The cost and scope is very similar to the study phase I did for the City of Sarasota, Sarasota County and the two major community foundations in Sarasota. Assuming we were able to start in March 2014, I could have a no-non-sense strategic action plan to you by August 2014. As we talked about in your office,continuing to deliver services in the same old way will yield the same old results. Communities that fail to make dramatic and consequential changes in how they deliver services will face an ever increasing number of homeless families and individuals. To be successful, financial resources and volunteers must be maximized and smartly redeployed. As communities struggle to do much more with less, it has become incumbent upon local leaders to proactively address their own challenges with homelessness rather than hopelessly awaiting additional Federal or State support. It is critical for communities to proactively retool their service structures from macro-level system restructurings to micro-level intra-agency improvements. Duplication and overlap must be eliminated and gaps must be filled. I established Marbut Consulting in 1984, and since 2005,I have been solely focused on helping communities to dramatically reduce homelessness. First as a volunteer, then as a senior staffer to the President of the United States and as a San Antonio City Councilperson/Mayor-Pro-Tem, and ultimately as the founding President/CEO of Haven for Hope, I have worked on homeless issues for more than three decades. In 2007, frustrated by the lack of real improvement, and as part of the concept development phase for the Haven for Hope Campus, I conducted a nationwide best practices study of homeless services. After personally visiting 237 homeless service facilities in 12 states and the District of Columbia, I developed The Seven Guiding Principles of Homeless Transformation. These Seven Guiding Principles of Transformation are used in all aspects of my work to create holistically transformative environments in order to reduce homelessness. Nationally renown Haven for Hope is the largest and most comprehensive "transformational campus"in the United States. The total campus sits on 37 acres with 15 major buildings and almost half a million square feet under roof. Total construction cost for Haven for Hope was about$125 million. More than 80 faith-based, non-profit and government service partners work together in partnership to holistically and proactively help nearly 2,300 residents daily. -ii- Since 2007, I have visited a total of 636 operations in 21 states, Washington, DC and Mexico City, and have helped dozens of communities to positively address their homeless issues. Over the last couple of years, Marbut Consulting has been under contract with the following communities: - Sarasota County and all of its contained municipalities including the City of Sarasota - Fresno California - St. Petersburg, FL(helped 24 other government jurisdictions as part of this contract) - Clearwater, FL - Key West, FL - Panama City, FL - Pinellas Park, FL - Fort Smith, AR The scope of work performed for Sarasota, Fresno, St. Petersburg, Clearwater and San Antonio is almost exactly the same as the work needed in Volusia County. A key to our success has been our ability to work with a wide range of parties and interests to develop logical and well-planned initiatives that are doable in the real world. Marbut Consulting has been able to develop nuanced and sophisticated initiatives that have helped communities to dramatically reduce their homeless street populations while improving street graduation rates. Marbut Consulting has a phenomenal track record of success and has always delivered our work products on time and within budget. Thank you for considering my proposal !! Sincerely, ,�a6ert Nap6at Robert G. Marbut Jr., Ph.D. 6726 Wagner Way San Antonio, TX 78256 www.MarbutConsulting.com www.RobertMarbut.org MarbutR @aol.com 210-260-9696 -iii- Our Mission Our mission is to create and implement strategic action plans, customized to each community, which provide system-wide holistic solutions that dramatically reduce homelessness. Our Approach We posit that there are much better ways to approach issues of homelessness than are being done in most communities. While traditional shelters may have graduation success rates of 5%-9%, transformative communities around the country have graduation success rates of 51%-84%of residents graduating from their programs. Transformative systems offer homeless individuals the option and ability to succeed by becoming self-sufficient,thereby dramatically reducing the homeless population within any given community. As such,we recognize the importance of customizing these systems to each unique community. Many communities have had great successes in addressing homeless issues, so it is very possible to find customized solutions that work. Sadly, most communities think homelessness is an unaddressable challenge and therefore give up. Around the USA, communities have successfully been able to create sophisticated and nuanced initiatives that work. Grounded in national best practices, these efforts, although complex, are not complicated(a very important difference). When analyzing the root causes of homelessness, it is critical to understand that the global homeless community is not homogeneous. In reality,there are very distinct subgroups,each with its own unique set of"homelessness triggers." It is therefore very important not to create singular homogenous solutions for one aggregated homeless community. Instead, it is critical to understand the unique challenges of the different subgroups, and to be aware of the unique underlying triggers of homelessness within each subgroup. One-size-fits-all solutions do not work. To be successful, a community must customize solutions for each homeless subgroup within their community. For example,rapid re-housing and housing first programs work great for families with children and recent first time homeless; however, "first-step"programs have shown to be more successful initial programs for chronic and super chronic individuals. Most communities have at least the following major subgroups of homeless: - Veterans(triggered by chronic and complex post-traumatic stress disorders) - Families with Children(domestic violence triggered) - Families with Children(divorce and financially triggered) - First Time Recent Homeless (financially triggered) - Chronic (1-5 years on the street with self-medicating mental health challenges) - Super Chronic (5 years or more on the street who have not been in holistic programming). Marbut RFP Response-Page 1 Transformational Communities The Seven Guiding Principles of Transformation, combined with the Core Tenets of a Transformative System, influence all aspects of how we develop plans to establish transformational communities: - Overall service system design, structure and operations (eg systems approach) - How the homeless community is engaged - Selection and training of staff - How volunteers are activated - Engagement of the general public - How buildings are designed - How existing facilities are re-purposed - Inter agency interfaces(government, faith-based and non-profit organizations). The Seven Guiding Principles of Transformation Moving from Enablement to Engagement 1. Move to a Culture of Transformation(versus the Old Culture of Warehousing): Homeless individuals must be engaged and no longer enabled. Everybody within the services delivery system(eg general public, media, elected politicians, appointed officials, boards, staffs/volunteers of service agencies and most importantly the homeless themselves)must embrace a culture of transformation. A transformative culture positively fosters individual transformation and reintegration into society. For moral and fiscal reasons,homelessness must become an unacceptable condition that is not tolerated in the USA. 2. Co-location and Virtual E-integration of as Many Services as Possible: In order to increase success, all services within a service area must be e-integrated. Virtual e-integration improves coordination of services, enhances performance,reduces gaming of the system, engages individuals on the margin of society, and increases cost efficiencies within and between agencies. Furthermore, whenever financially possible, services should be co-located. Co-location goes beyond virtual e-integration by increasing the number of"service hits"into a shorter period of time through the reduction of wasted time in transit and minimization of mishandled referrals. Co-location also increases the supportive "human touch." 3. Must Have a Master Case Management System That is Customized: Because there are so many different service agencies helping homeless individuals (eg government at multi-levels,non-profits and faith-based), it is critical that ONE person coordinates the services an individual receives and to do so in a customized fashion. The Marbut RFP Response-Page 2 types of service provided are critical, but more important is the sequencing and frequency of customized services. 4. Reward Positive Behavior: Positive behavior should be rewarded with increased responsibilities and more privileges. Privileges such as higher quality sleeping arrangements, more privacy and elective learning opportunities should be used as rewards. It is important that these rewards be used as tools to approximate the real world in order to increase sustainable reintegration into society. 5. Consequences for Negative Behavior: Too often there are no consequences for negative behavior. Unfortunately, this sends a message that bad behavior is acceptable. Within the transformational process, it is critical to have swift and proportionate consequences. 6. External Activities Must Be Redirected or Stopped: External activities such as "street feeding"must be redirected to support the transformation process. In most cases,these activities are well-intended efforts by good folks, however these activities are very enabling and often do little to engage homeless individuals. Street feeding programs without comprehensive services actually increase and promote homelessness. Street feeding groups should be encouraged to co-locate with existing comprehensive service programs. 7. Panhandling Enables the Homeless and Must Be Stopped: Unearned tax-free cash is very enabling and does not engage homeless individuals in job and skills training which are needed to end homelessness. Additionally,most often cash is not used for food and housing but rather for drugs and alcohol which further perpetuates the homeless cycle. Homeless individuals who are panhandling should be engaged in the transformational process. Furthermore,many panhandlers are not truly homeless individuals but are predators of generous citizens. Proposed Scope of Work and Project Phases Based on work with other communities, Marbut Consulting proposes the following project phases. Some of these phases run in sequence,while other phases overlap. These phases can be customized if so desired by the funding agency. Throughout these phases,homelessness will be observed from a variety of vantage points: homeless individuals,homeless families with children, agency staffs,volunteers,upstream funders, government officials, civic community leaders, businesses,the media and the general public. Marbut RFP Response - Page 3 Phase 1 -Being Homeless in Volusia County: One of the most important fact-finding techniques is to observe homelessness from the point of view of a homeless person rather than from an agency and/or government perspective. If one only observes homelessness from a service-provider perspective,he or she will only develop agency-centric solutions. Therefore,the Consultant will become homeless at the street level in Volusia County for 2-4 days. The Consultant strongly recommends that his first trip to Volusia County be before his contract is publicly announced and/or before agencies are notified of his start date and arrival. Phase 2 -Inventory of Services: It is critically important for the Consultant to have accurate information about all the types and quantities of service being provided throughout the region. Therefore,the Consultant will perform an inventory of all homeless services in the Volusia County regional area and conduct site visits to all homeless services providers. Each site visit will take one to three hours depending on the size of the agency. It is very important to note that it is very common to have agencies operate differently during nights, weekends and holidays than it does during the"traditional work week"(Monday-Friday, 8a-5p). These"off-hour times"are so important since they represent 76% of the time most agencies operate(128 hours of a 168 hour week). It is therefore critical to visit each agency at night, during a weekend and during a holiday, for a total of three to four visits per agency. All of these activities will be conducted by the Consultant in person. An inventory list of 501(c)3 homeless service agencies will be included in the final report. Phase 3 -Needs Assessment: The Consultant will conduct a needs assessment of types of services (qualitative) and capacity of services(quantitative)needed now in Volusia County and do an estimate of what might be needed in the future. This will require street level observations and analysis of as much data as the Consultant can gather from Point-in-Time-Counts (PITCs), Homeless Management Information System reports (HMIS), agency reports, etc. Phase 4 -Gap Analysis: The Consultant will conduct a gap analysis of services between existing inventory and identified needs. This often requires additional follow up with agencies, but may be done by phone and e-mail. Phase 5- Strategic Framing for an Action Plan: The Consultant will perform strategic framing for an Action Plan within the parameters of national best practices. This will require that the Consultant conduct in person meetings with government staff members, elected officials, and leaders from businesses, civic groups, educational institutions, faith-based entities and service agencies. Marbut RFP Response-Page 4 Phase 6-Drafting of the Action Plan: Based on the study findings and national best practices, the Consultant will draft a Strategic Action Plan which will likely be a 10-20 page document. Phase 7-Solicitation of Stakeholder Comments Regarding the Draft Action Plan: The consultant will present a draft Strategic Action Plan to stakeholders for comment and discussion. During this phase, the Consultant will conduct in person review meetings with government staff members, elected officials, and leaders from businesses, civic groups, educational institutions, faith-based entities and service agencies. The goal during this phase is to improve the Strategic Action Plan through stakeholder review. This will also help to build stakeholder"buy-in." Phase 8- Completion and Presentation of the Action Plan: The Consultant will then finalize the Strategic Action Plan and present it to the Daytona Beach City Commission and Volusia County Council. The Final Strategic Action Plan will include action steps for at least the following initiatives: - Creation of a Safe Harbor(a come-as-you-are center) - Change in community culture from"enabling"efforts to"engaging"efforts - Redirection of"street feeding and street service"efforts to Safe Harbor - Reduction of inbound homeless individuals connected to special events - Help staff to develop a capital budget for facility construction and FF&E - Development of a line item start-up and first five years operating budget Notes About Scope of Work: - Many improvements will"organically"materialize during the gap analysis and national best practice reviews. During this time frame, Marbut Consulting will go beyond "study/report"and suggest improvement opportunities that naturally arise throughout this "journey." - This proposal is for the "study and development of recommendations"phase only. - If mutually agreed upon by the parties, Marbut Consulting is available for a contract extension to help implement the finalized approved Action Plan. Marbut RFP Response -Page 5 Marbut Consulting Marbut Consulting was established in 1984 as a sole proprietorship by Robert G. Marbut Jr. Originally, Marbut Consulting focused on public policy and marketing. Since 2005, Marbut Consulting has solely focused on homeless services consulting. Dr. Marbut has visited a total of 636 operations in 21 states,plus Washington, DC and Mexico City. Marbut has helped dozens of communities to address issues of homelessness, his most comprehensive work was the start-from-scratch to opening of Haven for Hope in San Antonio. Nationally renown Haven for Hope is the largest and most comprehensive "transformational campus"in the United States. The total campus sits on 37 acres with 15 major buildings and almost half a million square feet under roof. Total construction cost for Haven for Hope was about$125 million. More than 80 faith-based,non-profit and government service partners work together in partnership to holistically and proactively help nearly 2,300 residents daily. In the couple of years, Marbut Consulting has been under contract with the following communities: - County of Sarasota - City of Sarasota plus the cities of Venice, Long Boat Key and North Port - Fresno, CA - St. Petersburg, FL(as part of the contract helped 24 other government jurisdictions) - Clearwater, FL - Key West, FL - Panama City, FL - Pinellas Park, FL - Fort Smith, AR In addition, over the couple of years,Robert Marbut has conducted community forums for: - Sarasota, FL - Key West, FL - Beaumont, TX - Bay County,FL - Manatee and Sarasota Counties, FL Marbut Consulting has a phenomenal track record of successes and has always delivered its work products on time at or below bid price. Marbut RFP Response - Page 6 Professional/general Liability Insurances Marbut Consulting carries the following insurance policies (certificates available on request): Professional Errors and Omissions Liability Coverage - - $1,000,000.00 annual aggregate with Philadelphia Indemnity Insurance Company(USAA). Commercial General Liability Coverage- - $2,000,000.00 Liability and Medical Expenses and $2,000,000.00 Personal and Advertising Injury with a general aggregate of $4,000,000.00 with The Harford(USAA). Marbut RFP Response-Page 7 Short Resume of Robert G. Marbut Jr. First as a volunteer,then later as a San Antonio City Councilperson/Mayor-Pro-Tem and a homeless service agency President/CEO, Dr. Robert Marbut has worked on homeless issues for more than three decades. In 2007, frustrated by the lack of real improvement, and as part of the concept development phase for the Haven for Hope Campus, Dr. Marbut conducted a nationwide best practices study of homeless services. After personally visiting 237 homeless service facilities in 12 states and the District of Columbia,he developed The Seven Guiding Principles of Homeless Transformation. Since then,Dr. Marbut has visited a total of 636 operations in 21 states,plus Washington, DC and Mexico City. These Seven Guiding Principles of Transformation are used in all aspects of his work to create holistically transformative environments in order to reduce homelessness. Dr. Marbut was a White House Fellow to President George H.W. Bush and a former chief of staff to San Antonio Mayor Henry Cisneros. He earned a Ph.D. from The University of Texas at Austin, Austin, Texas in International Relations (with an emphasis in international terrorism and Wahhabism), Political Behavior and American Political Institutions/Processes from the Department of Government. He also has two Master of Arts degrees, one in Government from The University of Texas at Austin and one in Criminal Justice from the Claremont Graduate School. His Bachelor of Arts is a Full Triple Major in Economics,Political Science and Psychology(Honors Graduate) from Claremont McKenna(Men's)College. Dr. Marbut also has completed three post-graduate fellowships, one as a White House Fellow (USA's most prestigious program for leadership and public service), one as a CORO Fellow of Public and Urban Affairs and one as a TEACH Fellow in the Kingdom of Bahrain and the State of Qatar(1 of 13 USA educators selected). Contact Information: Robert G. Marbut Jr.,Ph.D. 6726 Wagner Way San Antonio, TX 78256 www.MarbutConsulting.com www.RobertMarbut.org MarbutR @aol.com 210-260-9696 Marbut RFP Response - Page 8 Politics of Homelessness Unfortunately, for a variety of reasons, attempts to reduce homelessness have become very political. Agency-centric Politics: Because of agency egos, and competition for funds and volunteers, inter-agency politics are often the number one reason why holistic system improvements are not made. Sadly, this hurts the very individuals and families these agencies are supposed to be helping. Far-left v.Far-right: Both the far-left and far-right have inaccurate understandings of the root causes of homelessness. These unfounded views of homelessness lead to very unproductive proposals that often lead to inaction. True success occurs in the logical middle. Communities that have realized dramatic decreases in homelessness have all pursued solution-oriented plans of action rather than extreme dogmatic approaches. Dogmatic One-size-fits-all Approaches: There are many advocates that promote one-size-fits-all programs. Sadly,many of these efforts are overly simplistic and naive, are not grounded in facts and simply do not work for everyone. Some of these advocates are very well intended,while others have deep self-interest tied to their proposals. Successful initiatives are grounded in the knowledge that different homeless sub-groups need different types of help, and different approaches work better for different groups. Sensational Media Coverage: There is a tendency within the media to cover the extreme points of view and/or to selectively focus on narrow issues out of context. Sophisticated and holistic solutions that really work are often very nuanced and non-sensational and are thus not covered by the media. Too often media outlets do not take the time to truly"learn"the real issues around homelessness, but instead focus on fringe advocates. "Criminalization": Laws are important for a civil society to operate and help to establish appropriate levels of behavior,but arresting homeless individuals has never ended homelessness. Voluntary compliance and engagement are the preferred approaches and have proven to be more sustainable. Enforcement should be used as a last resort and only after all other engagement activities have been tried. Marbut RFP Response-Page 9 Outcomes Marbut Consulting has developed a unique systems-approach that has been able to help communities to streamline their overall service delivery systems by increasing efficiencies and improving effectiveness. In terms of outcomes, Robert Marbut has been able to help communities reduce street homelessness by 79-93%and to significantly increase the rate of street"graduations"while improving the cost-of-delivery per person ratios. News Stories About Marbut Consulting Activities With 17,000 Homeless in Tampa Area,Public-private Partnerships Are Doing Something to Help. National CBS Evening News by Phil Hirschkorn- -August 26, 2012: http://www.cbsnews.com/8301-18563_162-57500598/tampa-area-has-nations-highest-ho melessness-rate/?tag=showDoorFlexGridLeft;flexGridModule St. Pete Making Progress with Legions of Homeless. Associated Press/MSNBC by Mitch Stacy- - September 5, 2011: http://www.msnbc.msn.com/id/44398996/ns/us_news-life/ Undercover Contractor Assessing Homeless: Consultant Has Studied What Works and What Doesn't for Cities Nationwide. The Tampa Tribune by Andrew Ford- -July 31, 2011: http://www2.tbo.com/news/breaking-news/2011/jul/31/menewso 13-undercover-contracto r-assessing-homeless-ar-247472/ Fort Smith Homeless Study Reveals Shortfalls,Positives Times Record[Fort Smith, AR] by Ben Boulden- -January 22,2012: http://sw.swtimes.com/week-in-review/news/article_OcfO4986-451 a-11 e 1-9f61-0019bb29 63f4.html Homeless Expert to Speak at Forum: Consultant Has Brought Successful Solutions Elsewhere. The Citizen [Key West, FL] by Gwen Filosa- - September 22, 2011: http://keysnews.com/node/34691 Marbut RFP Response- Page 10 Project Profiles Haven for Hope: The Largest "Transformational Campus" in the USA: Nationally renown,Haven for Hope is the largest and most comprehensive "transformational campus" in the United States. The total campus sits on 37 acres with 15 major buildings and almost half a million square feet under roof Total construction cost for Haven for Hope was about$125 million. Over 80 faith-based, non-profit and government service partners work together to holistically and proactively help nearly 2,100 residents daily. Robert Marbut was the founding President and CEO. St. Petersburg & Pinellas County: Restructuring the Entire Homeless Continuum of Care: Through strategic level improvements, Marbut Consulting worked closely with the City of St. Petersburg, Florida and a wide range of Pinellas County agencies to restructure and re-brand the entire continuum of care for homeless veterans, males, females and families with children. Improvements range from macro-level governance streamlining to agency- level enhancements to the creation of Pinellas Safe Harbor. St. Petersburg realized dramatic drops in street level homelessness (drops of 85-93%). Pinellas Safe Harbor: The Second Largest"First-Step" Program in the USA: Pinellas Safe Harbor, located in mid-Pinellas County(Tampa Bay metro area), was designed as a"First-Step"transformational housing portal for chronic homeless adult men and women. In less than three months, Pinellas Safe Harbor became the largest residential facility in Pinellas County. And in five months, it became the second largest "first-step" facility in the United States. It was featured on CBS Evening News during the 2012 GOP Convention and NFL Productions taped a segment in August for future airing. Robert Marbut was the chief designer and strategic developer of the facility. Fort Smith,AR: Assessing the Feasibility of a Transformational Campus: The Old Fort Homeless Coalition- appointed by the City of Fort Smith,Arkansas - contracted with Marbut Consulting to develop recommendations to address matters concerning homelessness and homeless service agencies. Marbut Consulting, worked with the Coalition to strategically assess the feasibility of a Homeless Transformation Campus with a connected"First-Step"program for chronic homeless men and women. Clearwater,FL: Identifying/Implementing Strategic Improvements in Homeless Services: Marbut Consulting was contracted by the City of Clearwater to assess the local homeless environment and propose a detailed list of strategic improvements. Recommendations spanned 11 Functional Areas and amounted to a total of 47 Action Items, all of which were approved by City Council. Street homelessness has dropped over 81%. Marbut RFP Response - Page 11 Client References Sarasota, Florida: Assistant County Administrator-Lee Ann Lowery 941+861-5910/LLowery@scgov.net Director of Homeless Services - Wayne Applebee 941+861-2577/wapplebee @scgov.net Clearwater, Florida: City Manager- Bill Horne 727+562-4046 work/william.horne @MyClearwater.com Director of Homeless Services -Katerina Gerakios 727+562-4047 work/727+642-5686 cell/Ekaterini.Gerakios @MyClearwater.com St. Petersburg,Florida: Former Director of Homeless Services -Rhonda Abbott (Now Associate Vice President of United Way Suncoast) 813+274-0908 /rabbott @uwsuncoast.org Former City Council Chair-Leslie Curran 727+433-1128 cell Fort Smith,Arkansas: Director Ft. Smith Housing Authority-Ken Pyle 479+782-4991 extension 15 work/479+651-0292 cell/kpyle @fortsmithha.com Panama City, Florida: Homeless Task Force Coordinator-Lynn Cherry 850+215-4651 work/850+293-0665 cell/lcherry@cdc-s.com Pinellas County Sheriff: Pinellas Safe Harbor Director-Lt. Sean McGillen 727+464-6340 work/727+599-6907 cell/smcgillen @pcsonet.com Marbut RFP Response-Page 12 Term of Services The proposed term of services would be from March 1, 2014 to August 31, 2014. Monthly Consultant Fee Marbut Consulting would charge a monthly discounted consulting fee of$5,961 per month for five months and then provide one month of services pro bono. This monthly consulting fee includes on-site visits as well as off-site research, conference-calls, e-mails and writing The $5,961 monthly fee would be paid on April 15, 2014, May 15, 2014, June 15, 2014, July 15, 2014 and August 15, 2014. Expenses In addition to the monthly consulting fee, expenses would be reimbursed as follows throughout the term of this agreement: - Air flights (assuming no major pricing changes, this would be capped at $800 per flight) - Rental car(about $45 per day plus taxes/fees -Marbut would pay for all insurances) - Gas for rental car - Hotel (capped at government rate plus any applicable taxes) - GSA per diem rate of$51 per day for each day traveling(flat rate,not pro rata) - Parking at airport(about$20 per day) - All other expenses would require prior approval Marbut would travel to Volusia County one to two times a month. Trips likely would be Wednesday/Thursday nights to Saturday/Sunday depending on Marbut's schedule. One or two trips would be for an extended period of time(7-10 days each). An overall hard-cap on expenses should be included within the final contract for services. February 24,2014(11:35pm) C:\RGM Files Docs On 2nd Acer\Consulting\DaytonaBeach\Proposals\MarbutRFPDaytonaBeachPhaselRev03.wpd Marbut RFP Response-Page 13 AGENDA REQUEST IOC Date: March 25th, 2014 PUBLIC HEARING RESOLUTIONS ORDINANCE OTHER CONSENT BUSINESS April 7th, 2014 CORRESPONDENCE ITEM DESCRIPTION: Authorization for the Mayor to accept the SAFER Grant No. EMW-2013-FF-00550. BACKGROUND: The City of Edgewater Fire Rescue Department applied for and was awarded the 2013 Staffing for Adequate Fire and Emergency Response (SAFER) Grant in the amount of $69,920.00. The grant will allow the Fire Rescue Department to expand its volunteer ranks by providing funding for uniforms, personnel protective equipment, training/schooling, and coordination. The grant is spread out over a four (4) year span and has $0.00 matching funds required by the City. STAFF RECOMMENDATION: Staff recommends the City authorize the Mayor to accept the SAFER Grant No. EMW-2013-FF- 00550. ACTION REQUESTED: Motion to authorize the Mayor to accept the SAFER Grant, o. EM -2013-FF-00550. t FINANCIAL IMPACT: (FINANCE DIRECTOR) .:.A (SPECIFY IF BUDGET AMENDMENT IS REQU j ' D) PREVIOUS AGENDA ITEM: YES NO XX DATE: N/A AGENDA ITEM NO. Respectfully submitted, Stephen Cousins Robin Matusick Fire Chief Paralegal / . , -w Trace " . Barlow City anger U.S.Department of Homeland Security Washington,D.C.20472 FEMA '4 I j 4 i „,,,,,,v.t.„-„, Mr.Stephen Cousins Edgewater Fire Rescue 104 North Riverside Drive Edgewater,Florida 32132-0100 Re:Grant No.EMW-2013-FF-00550 Dear Mr.Cousins: On behalf of the Federal Emergency Management Agency(FEMA)and the Department of Homeland Security(DHS),I am pleased to inform you that your grant application submitted under the FY 2013 Staffing for Adequate Fire and Emergency Response(SAFER)grants has been approved.FEMA's Grant Programs Directorate(GPD),In consultation with the U.S.Fire Administration(USFA),carries out the Federal responsibilities of administering your grant.The approved project costs total to$69,920.00.The Federal share is$69,920.00 of the approved amount and your share of the costs is$0.00. Before you request and receive any of the Federal Grant funds awarded to you,you must establish acceptance of the Grant and Grant Agreement Articles through the Assistance to Firefighters Grant Programs'(AFG)e-grant system.Please make sure you read and understand the articles as they outline the terms and conditions of your grant award.By accepting the grant,you agree not to deviate from the approved scope of work without prior written approval,via amendment request,from FEMA.Maintain a copy of these documents for your official file. If your SF 1199A has been reviewed and approved,you will be able to request payments online.Remember,you should request funds when you have an immediate cash need. If you have any questions or concerns regarding the process to request your grant funds,please call 1-866-274-0960. Sincerely, Brian E.Kamoie Assistant Administrator Grant Programs Directorate https://eservices.fema.gov/FemaFireGrant/firegrant/j sp/fire_admin/awards/spec/view_awar... 3/19/2014 ' a.. �� � ,�Cim(p,��.���uud�Me�n4:�t.. x� _ SUMMARY OF ASSISTANCE ACTION STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE GRANTS Application INSTRUMENT: GRANT AGREEMENT NUMBER: EMW-2013-FF-00550 GRANTEE: Edgewater Fire Rescue AMOUNT: $69,920.00,Recruitment Project Description The purpose of the Staffing for Adequate Fire and Emergency Response program is to provide funding directly to fire departments and volunteer firefighter interest organizations in order to help them increase or maintain the number of trained,"front line"firefighters available in their communities. After careful consideration,FEMA has determined that the recipient's project submitted as part of the recipient's application,and detailed in the project narrative as well as the request details section of the application-including budget information-was consistent with the Staffing for Adequate Fire and Emergency Response Grants program's purpose and worthy of award.The recipient shall perform the work described in the approved grant application as itemized in the request details section of the application and further described in the grant application narrative.These sections of the application are made a part of these grant agreement articles by reference.The recipient may not change or make any material deviations from the approved scope of work outlined in the above referenced sections of the application without prior written approval,via amendment request,from FEMA. Grantee Concurrence By providing the Primary Contact's electronic signature and indicating acceptance of the award,the recipient accepts and agrees to abide by the terms and conditions of the grant as set forth In this document.Recipients agree that they will use the funds provided through the Fiscal Year 2013 Staffing for Adequate Fire and Emergency Response grant in accordance with these Articles of Agreement and the program guidelines provided in the Fiscal Year 2013 Staffing for Adequate Fire and Emergency Response program guidance.All documents submitted as part of the original grant application are made a part of this agreement by reference. Period of Performance 08-JUN-14 to 07-JUN-17 Amount Awarded The amount of the award is detailed in the attached Obligating Document for Award.The following are the budgeted estimates for object classes for this grant(including Federal share plus recipient match): Personnel: $8,320.00 Fringe Benefits $0.00 Travel $0.00 Equipment $48,600.00 Supplies $1,000.00 Contractual $0.00 Other $12,000.00 Indirect Charges $0.00 Total $69,920.00 NEGOTIATION COMMENTS IF APPLICABLE(max 4000 characters) As a special condition to the award, the awardee must agree to and understand the following +'4 stipulations with regards to purchasing PPE/Turnout Gear with grant funds: • Turnout gear is only for newly recruited members; • Newly recruited members must obtain and pass a NFPA 1582 compliant physical prior to requesting grant funds for the gear. Documentation of completed physicals will be required prior to funds being disbursed; • The newly recruited member(s) must complete Firefighter-1 Level training within 24 months or by 'w+! 2942 characters left DN 1D 1 c+ 6C1 f Pe rt. https://eservices.fema.gov/FemaFireGrant/firegrant/j sp/fire_admin/awards/spec/view_awar... 3/19/2014 System for Award Management(SAM) Prior to requesting federal funds,all recipients are required to register their entity information in the System for Award Management(SAM.gov).As the recipient,you must register and maintain current information in SAM.gov until you submit the final financial report required under this award or receive the final payment,whichever is later.This requires that the recipient review and update the information at least annually after the initial registration,and more frequently for changes in your information.There is no charge to register in SAM.gov.Your registration must be completed on-line at https://www.sam.4ov/portal/oublic/SAM/.It is your entity's responsibility to have a valid DUNS number at the time of registration. FEMA Officials Program Officer:The Program Specialist is responsible for the technical monitoring of the stages of work and technical performance of the activities described in the approved grant application.If you have any programmatic questions regarding your grant,please call the AFG Help Desk at 866-274-0960 to be directed to a program specialist. Grants Assistance Officer:The Assistance Officer is the Federal official responsible for negotiating,administering,and executing all grant business matters.The Officer conducts the final business review of all grant awards and permits the obligation of federal funds. If you have any questions regarding your grant please call ASK-GMD at 866-927-5646 to be directed to a Grants Management Specialist. Grants Operations POC:The Grants Management Specialist shall be contacted to address all financial and administrative grant business matters for this grant award.If you have any questions regarding your grant please call ASK-GMD at 866-927-5646 to be directed to a specialist. ADDITIONAL REQUIREMENTS(IF APPLICABLE)(max 4000 characters) 4000 characters left https://eservices.fema.gov/FemaFireGrant/firegrant/j sp/fire_admin/awards/spec/view_awar... 3/19/2014 A U.S. Department of Homeland Security j j"'' Washington,D.C.20472 y t: R/I.YD tit . AGREEMENT ARTICLES STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE GRANTEE:Edgewater Fire Rescue PROGRAM:Staffing for Adequate Fire and Emergency Response(SAFER)-Recruitment AGREEMENT NUMBER:EMW-2013-FF-00550 AMENDMENT NUMBER: TABLE OF CONTENTS Article I Administrative Requirements Article II Lobbying Prohibitions Article III Financial Reporting Article IV GPD-Trafficking Victims Protection Act of 2000 Article V GPD-Drug-Free Workplace Regulations Article VI Fly America Act of 1974 Article VII Activities Conducted Abroad Article VIII Acknowledgement of Federal Funding from DHS Article IX Copyright Article X Use of DHS Seal,Logo and Flags Article XI DHS Specific Acknowledgements and Assurances Article XII Civil Rights Act of 1964 Article XIII Civil Right Act of 1968 Article XIV Americans with Disabilities Act of 1990 Article XV Age Discrimination Act of 1975 Article XVI Title IX of the Education Amendments of 1972 Article XVII Rehabilitation Act of 1973 Article XVIII Limited English Proficiency Article XIX Animal Welfare Act of 1966 Article XX Clean Air Act of 1970 and Clean Water Act of 1977 Article XXI Protection of Human Subjects Article XXII National Environmental Policy Act(NEPA)of 1969 Article XXIII National Flood Insurance Act of 1968 Article XXIV Flood Disaster Protection Act of 1973 Article XXV Coastal Wetlands Planning,Protection,and Restoration Act of 1990 Article XXVI USA Patriot Act of 2001 Article I-Administrative Requirements The administrative requirements that apply to most DHS award recipients through a grant or cooperative agreement arise from two sources:-Office of Management and Budget(OMB)Circular A-102,Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments(also known as the"A-102 Common Rule"),found under FEMA regulations at Title 44,Code of Federal Regulations(CFR)Part 13,"Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments."-OMB Circular A-110,Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education,Hospitals,and Other Non-Profit Organizations,relocated to 2 CFR Part 215.The requirements for allowable costs/cost principles are contained in the A-102 Common Rule,OMB Circular A-110(2 CFR§215.27),DHS program legislation,Federal awarding agency regulations,and the terms and conditions of the award.The four costs principles circulars are as follows:-OMB Circular A-21,Cost http s://eservices.fema.gov/FemaFireGrant/firegrant/j sp/fire_admin/awards/spec/view_awar... 3/19/2014 Principles for Educational Institutions,relocated to 2 CFR Part 220.-OMB Circular A-87,Cost Principles for State,Local,and Indian Tribal Governments,relocated to 2 CFR Part 225.-OMB Circular A-122,Cost Principles for Non-Profit Organizations,relocated to 2 CFR Part 230.—OMB Circular A-133,Audits of States,Local Governments and Non-Profit Organizations. Article II-Lobbying Prohibitions None of the funds provided under an award may be expended by the recipient to pay any person to influence,or attempt to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal of any Federal contract,rant,loan,cooperative agreement.These lobbying prohibitions can be found at 31 U.S.C.§1352. Article Ill-Financial Reporting Recipients will be required to submit a semi-annual Federal Financial Report(FFR),Standard Form(SF-425)through the AFG online e- grant system.The FFR is intended to provide Federal agencies and grant recipients with a standard format and consistent reporting requirements throughout the government.The FFR is due semi-annually based on the calendar year beginning with the period after the award is made.Recipients are required to submit an FFR throughout the entire period of performance of the grant.The reporting periods for the FFR are January 1 through June 30(report due by July 31),and July 1 through December 31 (report due by January 31).At the end of the grant's period of performance,all recipients are required to produce a final report on how the grant funding was used and the benefits realized from the award.Recipients must submit a final financial report and a final performance report within 90 days after the end of the period of performance. Article IV-GPD•Trafficking Victims Protection Act of 2000 All recipients of financial assistance will comply with the requirements of the government-wide award term which implements Section 106 (g)of the Trafficking Victims Protection Act(TVPA)of 2000,as amended(22 U.S.C.§7104),located at 2 CFR Part 175.This is implemented in accordance with OMB Interim Final Guidance,Federal Register,Volume 72,No.218,November 13,2007.In accordance with the statutory requirement,in each agency award under which funding is provided to a private entity,Section 106(g)of the TVPA,as amended,requires the agency to include a condition that authorizes the agency to terminate the award,without penalty,if the recipient or a subrecipient-(a)Engages in severe forms of trafficking in persons during the period of time that the award is in effect;(b)Procures a commercial sex act during the period of time that the award is in effect;or(c)Uses forced labor in the performance of the award or subawards under the award.Full text of the award term is provided at 2 CFR§175.15. Article V-GPD-Drug-Free Workplace Regulations All recipients of financial assistance will comply with the requirements of the Drug-Free Workplace Act of 1988(41 U.S.C.§701 et seq.), which requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace.The recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal drug statute.Failure to comply with these requirements may be cause for debarment.These regulations are codified at 2 CFR3001. Article VI-Fly America Act of 1974 All recipients of financial assistance will comply with the requirements of the Preference for U.S.Flag Air Carriers:Travel supported by U.S. Government funds requirement,which states preference for the use of U.S.flag air carriers(air carriers holding certificates under 49 U.S.C. §41102)for international air transportation of people and property to the extent that such service is available,in accordance with the International Air Transportation Fair Competitive Practices Act of 1974(49 U.S.C.-4-§40118)and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981,amendment to Comptroller General Decision 8138942. Article VII-Activities Conducted Abroad All recipients of financial assistance will comply with the requirements that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses,permits,or approvals are obtained. Article VIII-Acknowledgement of Federal Funding from DHS All recipients of financial assistance will comply with requirements to acknowledge Federal funding when issuing statements,press releases,requests for proposals,bid invitations,and other documents describing projects or programs funded in whole or in part with Federal funds. Article IX-Copyright All recipients of financial assistance will comply with requirements that publications or other exercise of copyright for any work first produced under Federal financial assistance awards hereto related unless the work includes any information that is otherwise controlled by the Government(e.g.,classified information or other information subject to national security or export control laws or regulations).For any scientific,technical,or other copyright work based on or containing data first produced under this award,including those works published in academic,technical or professional journals,symposia proceedings,or similar works,the recipient grants the Government a royalty-free, nonexclusive and irrevocable license to reproduce,display,distribute copies,perform,disseminate,or prepare derivative works,and to authorize others to do so,for Government purposes in all such copyrighted works.The recipient shall affix the applicable copyright notices of 17 U.S.C.§401 or 402 and an acknowledgement of Government sponsorship(including award number)to any work first produced under an award. https://eservices.fema.gov/FemaFireGrant/firegrant/j sp/fire_admin/awards/spec/view_awar... 3/19/2014 Article X-Use of DHS Seal,Logo and Flags All recipients of financial assistance must obtain DHS's approval prior to using the DHS seal(s),logos,crests or reproductions of flags or likenesses of DHS agency officials,including use of the United States Coast Guard seal,logo,crests or reproductions of flags or likenesses of Coast Guard officials. Article XI-DHS Specific Acknowledgements and Assurances All recipients of financial assistance must acknowledge and agree-and require any subrecipients,contractors,successors,transferees,and assignees acknowledge and agree-to comply with applicable provisions governing DHS access to records,accounts,documents, information,facilities,and staff.1.Recipients must cooperate with any compliance review or complaint investigation conducted by OHS.2. Recipients must give DHS access to and the right to examine and copy records,accounts,and other documents and sources of information related to the grant and permit access to facilities,personnel,and other individuals and information as may be necessary,as required by DHS regulations and other applicable laws or program guidance.3.Recipients must submit timely,complete,and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports.4.Recipients must comply with all other special reporting,data collection,and evaluation requirements,as prescribed by law or detailed in program guidance.5.If, during the past three years,the recipient has been accused of discrimination on the grounds of race,color,national origin(including limited English proficiency),sex,age,disability,religion,or familial status,the recipient must provide a list of all such proceedings,pending or completed,including outcome and copies of settlement agreements to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties.6.In the event any court or administrative agency makes a finding of discrimination on grounds of race,color,national origin (including limited English proficiency),sex,age,disability,religion,or familial status against the recipient,or the recipient settles a case or matter alleging such discrimination,recipients must forward a copy of the complaint and findings to the DHS Component and/or awarding office.The United States has the right to seek judicial enforcement of these obligations. Article XII-Civil Rights Act of 1964 Recipients of financial assistance will comply with the requirements of Title VI of the Civil Rights Act of 1964(42 U.S.C.§2000d et seq.), which provides that no person in the United States will,on the grounds of race,color,or national origin,be excluded from participation in, be denied the benefits of,or be subjected to discrimination under any program or activity receiving Federal financial assistance. Article XIII-Civil Right Act of 1968 All recipients of financial assistance will comply with Title VIII of the Civil Rights Act of 1968,which prohibits recipients from discriminating in the sale,rental,financing,and advertising of dwellings,or in the provision of services in connection therewith,on the basis of race,color, national origin,religion,disability,familial status,and sex(42 U.S.C.§3601 et seq.),as implemented by the Department of Housing and Urban Development at 24 CFR Part 100.The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-i.e.,the public and common use areas and individual apartment units(all units in buildings with elevators and ground-floor units in buildings without elevators)-be designed and constructed with certain accessible features(see 24 CFR§ 100.201). Article XIV-Americans with Disabilities Act of 1990 All recipients of financial assistance will comply with the requirements of Titles I,II,and III of the Americans with Disabilities Act,which prohibits recipients from discriminating on the basis of disability in the operation of public entities,public and private transportation systems, places of public accommodation,and certain testing entities(42 U.S.C.§§12101-12213). Article XV-Age Discrimination Act of 1975 All recipients of financial assistance will comply with the requirements of the Age Discrimination Act of 1975(42 U.S.C.§6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. Article XVI-Title IX of the Education Amendments of 1972 All recipients of financial assistance will comply with the requirements of Title IX of the Education Amendments of 1972(20 U.S.C.§1681 et seq.),which provides that no person in the United States will,on the basis of sex,be excluded from participation in,be denied the benefits of,or be subjected to discrimination under any educational program or activity receiving Federal financial assistance.These regulations are codified at 44 CFR Part 19. Article XVII-Rehabilitation Act of 1973 All recipients of financial assistance will comply with the requirements of Section 504 of the Rehabilitation Act of 1973,29 U.S.C.§794,as amended,which provides that no otherwise qualified handicapped Individual In the United States will,solely by reason of the handicap,be excluded from participation in,be denied the benefits of,or be subjected to discrimination under any program or activity receiving Federal financial assistance.These requirements pertain to the provision of benefits or services as well as to employment. Article XVIII-Limited English Proficiency All recipients of financial assistance will comply with the requirements of Executive Order 13166,Improving Access to Services for Persons with Limited English Proficiency,and resulting agency guidance,national origin and resulting agency guidance,national origin discrimination includes discrimination on the basis of limited English proficiency(LEP).To ensure compliance with Title VI,recipients must https://eservices.fema.gov/FCmaFireGrant/firegrant/j sp/fire_admin/awards/spec/view_awar... 3/19/2014 take reasonable steps to ensure that LEP persons have meaningful access to your programs.Meaningful access may entail providing language assistance services,including oral and written translation,where necessary.Recipients are encouraged to consider the need for language services for LEP persons served or encountered both in developing budgets and in conducting programs and activities.For assistance and information regarding LEP obligations,go to http://www.lep.gov. Article XIX-Animal Welfare Act of 1966 All recipients of financial assistance will comply with the requirements of the Animal Welfare Act,as amended(7 U.S.C.§2131 et seq.), which requires that minimum standards of care and treatment be provided for vertebrate animals bred for commercial sale,used In research,transported commercially,or exhibited to the public.Recipients must establish appropriate policies and procedures for the humane care and use of animals based on the Guide for the Care and Use of Laboratory Animals and comply with the Public Health Service Policy and Government Principles Regarding the Care and Use of Animals. Article XX-Clean Air Act of 1970 and Clean Water Act of 1977 All recipients of financial assistance will comply with the requirements of 42 U.S.C.§7401 et seq.and Executive Order 11738,which provides for the protection and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical,physical,and biological integrity of the nation's waters is considered research for other purposes. Article XXI-Protection of Human Subjects All recipients of financial assistance will comply with the requirements of the Federal regulations at 45 CFR Part 46,which requires that recipients comply with applicable provisions/law for the protection of human subjects for purposes of research.Recipients must also comply with the requirements in DHS Management Directive 026-04,Protection of Human Subjects,prior to implementing any work with human subjects.For purposes of 45 CFR Part 46,research means a systematic investigation,including research,development,testing, and evaluation,designed to develop or contribute to general knowledge.Activities that meet this definition constitute research for purposes of this policy,whether or not they are conducted or supported under a program that is considered research for other purposes.The regulations specify additional protections for research involving human fetuses,pregnant women,and neonates(Subpart B);prisoners (Subpart C);and children(Subpart D).The use of autopsy materials is governed by applicable State and local law and is not directly regulated by 45 CFR Part 46. Article XXII-National Environmental Policy Act(NEPA)of 1969 All recipients of financial assistance will comply with the requirements of the National Environmental Policy Act(NEPA),as amended,42 U.S.C.§4331 et seq.,which establishes national policy goals and procedures to protect and enhance the environment,including protection against natural disasters.To comply with NEPA for its grant-supported activities,DHS requires the environmental aspects of construction grants(and certain non-construction projects as specified by the Component and awarding office)to be reviewed and evaluated before final action on the application. Article XXIII-National Flood Insurance Act of 1968 All recipients of financial assistance will comply with the requirements of Section 1306(c)of the National Flood Insurance Act,as amended, which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate State or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels.These regulations are codified at 44CFR Part 63. Article XXIV-Flood Distaster Protection Act of 1973 All recipients of financial assistance will comply with the requirements of the Flood Disaster Protection Act of 1973,as amended(42 U.S.C. §4001 et seq.),which provides that no Federal financial assistance to acquire,modernize,or construct property may be provided in identified flood-prone communities in the United States,unless the community participates in the National Flood Insurance Program and flood insurance is purchased within one year of the identification.The flood insurance purchase requirement applies to both public and private applicants for DHS support.Lists of flood prone areas that are eligible for flood insurance are published in the Federal Register by FEMA. Article XXV-Coastal Wetlands Planning,Protection,and Restoration Act of 1990 All recipients of financial assistance will comply with the requirements of Executive Order 11990,which provides that federally funded construction and improvements minimize the destruction,loss,or degradation of wetlands.The Executive Order provides that,in furtherance of Section 101(b)(3)of NEPA(42 U.S.C.§4331(b)(3)),Federal agencies,to the extent permitted by law,must avoid undertaking or assisting with new construction located in wetlands unless the head of the agency finds that there is no practicable alternative to such construction,and that the proposed action includes all practicable measures to minimize harm to wetlands that may result from such use.In making this finding,the head of the agency may take into account economic,environmental,and other pertinent factors.The public disclosure requirement described above also pertains to early public review of any plans or proposals for new construction in wetlands.This is codified at 44 CFR Part 9. Article XXVI-USA Patriot Act of 2001 All recipients of financial assistance will comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act(USA PATRIOT Act),which amends 18 U.S.C.§§175-175c.Among other things,it https://eservices.fema.gov/FemaFireGrant/ff.regrant/j sp/fire_admin/awards/spec/view_awar... 3/19/2014 prescribes criminal penalties for possession of any biological agent,toxin,or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic,protective,bona fide research,or other peaceful purpose.The act also establishes restrictions on access to specified materials."Restricted persons,"as defined by the act,may not possess,ship,transport,or receive any biological agent or toxin that is listed as a select agent. https://eservices.fema.gov/FemaFireGrant/firegrant/j sp/fire_admin/awards/spec/view_awar... 3/19/2014 FEDERAL EMERGENCY MANAGEMENT AGENCY OBLIGATING DOCUMENT FOR AWARD/AMENDMENT I AOEIEkMENT,fJQ 2:OENDMENT'N0. 0.001001046:: 4.TYPE OF ACTION 3.CONTROL NO. EMW-2013-FF-00550 0 59-6000314 AWARD W497249N 6 REc4RiE,NTNAME.AND: 7 IMUINO-b.FIDE AVADb_fiE$$ 0;,PAY,M.:ENT.O,FFIGE'ANDA_:EM,s$ AESI'RM:S,S, Grant Programs Directorate FEMA,Financial Services Branch Edgewater Fire Rescue 500 C Street,S.W. 500 C Street,S-W.,Room 723 1605 S.Ridgewood Avenue Washington DC,20472 Washington DC,20472 Edgewater POC:Jacqueline Lee 202-786-9538 Florida,32132-3611 r , linKCIPIE T?E O EC 8 2 CaA IR E OMA)gA61i P 4-0 6.0m. 2 4 8 Catherine 1-866-274-0960 Stephen Cousins 111'E CTIVE C7/l1"E.PP.Tt)1$ `(20\"*4 OD OF I .Au31?`t`t 0 tt,45g 4E NT 04s P-EK2F012MAtIOE PERIQp WO PAYt __, .. Cost Sharing From:08-JUN-14 To:07-JUN-17 08-JUN-14 SF-270 Budget Period From:21-OCT-13 To:30-SEP-14 15 D 50171 0'(DN,OFA VON a�tiAka ih it(f.9"ditiYf i.iiw$4'lls or finaRcta(wa,ge4) PropmivorAve (EDA-'.°C1Qr x010.0!ITIFfG"QATA P81ORdi QTA.Q AMOOWT RWAi OED 01:01,E)T TOTAL CUMMUI4TIVE WO/) AQRONYM (ACCS CODE) AWARD THES ACTION AWARD FEDERAL XXXX-XXX-XXXXXX-XXX O(-XXXX- +OR(-) C6MM17MENT XXXX-X SAFER 97.083 2014-M3-C211-P4310000-4101-D $0.00 $69,920.00 $69,920.00 $0.00 . !TOTALS $0:00 $69,920.00 $69,920.00 $0.00 b.T9 desct')be changes,.. herlhao`Iunding:ilala or))pancjal ctianges,a4401 0.11.0dufe,apd check#iere N/A 4IBa POF2'7:IS7K);>ztSASTERF'Rt7084,49:)r.OMNV ES.,0gOVREDTD"S1;GTIA.ND"RLT'l.AN"TA E,($)COP10'0F:T1.316 DOOOMENTTO FEMA(See Bloc) l'or' address) SAFER recipients are not required to sign and return copies of this document.However,recipients should print and keep a copy of this document for their records. Ali-EQRV. AS.TtI"lSR,O RAMS Rg0I07ENT g N.Q,T R5Qpir iEi . lIOR This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17.REC1PIEh,D'iS[G) a`CORY O.EFICIAL,igeme Ai01 l$) N ATE N/A 16 FEMA Stt7NATO Y OFErc)A[-()'tatrta;afd 1.`lj) DATE Rosalie Vega 04-MAR-14 • https://eservices.fema.gov/FemaFireGrant/firegrant/j sp/fire_admin/awards/spec/view_awar... 3/19/2014 As a special condition to the award,the awardee must agree to and understand the following stipulations with regards to purchasing PPE/Turnout Gear with grant funds: •Turnout gear is only for newly recruited members; • Newly recruited members must obtain and pass a NFPA 1582 compliant physical prior to requesting grant funds for the gear. Documentation of completed physicals will be required prior to funds being disbursed; •The newly recruited member(s) must complete Firefighter-1 Level training within 24 months or by the end of the Period of Performance,whichever comes first. Documentation of the completed training will be required at time of closeout;and • Only one set of PPE for structural or wildland firefighting(including SCBA mask/face piece, boots, pants,coats,gloves, hoods,goggles,helmets,coveralls,and fire shelters) is allowable per newly recruited member Any questions pertaining to your award package, please contact your GPD Grants Management Specialist:Chanee Williams at Chanee.Williams @dhs.gov View Budget Item ��tem;Narne -' ', • �3,, it, , Personal Protective Equipment *Sel t Qbject .,i? S% a4 re 4` u,= Equipment - eM1le¥ , ® r bsve id®k x t,n : mad*,? " P, krky,u, { , i,f,, r a s Y.Y'�}h # -t o :; y y 1r M '* , „ ' •,,--',fit r' ��#� ,,,t �Ciost r r��, y, ,, ,� First 12-Month Period of Your Grant $41400 At IeaSt�one 1:1,1,45i,trust have n valuev- : Second 12-Month Period of Your Grant $0 greater'}ha. 0 t.` ry; ,;, < .,, Third 12-Month Period of Your Grant $0 rya fr= ;. ' '' ` , � iik: , ' tl A;44111'11"g ar Fourth 12-Month Period of Your Grant $0 •fThe;sp,, 4 at °b, f ,st,s,„t ,41s ird:to ,pro ; .�fr, ,ii,? .. O t p= i' ' `Its-be a; ed �g ��a PPE has been identified by volunteers as one of the reasons for leaving o r.s t w y �r ' t , 'a i ry o„a*.. estimatesoU® , lciddllfion the department. This was assessed during exit interviews with departing of what) -ino u e.d(-tie;personnel, members.The current PPE issued to volunteer members is hand me costs number tours and rates downs from the career members. It is mismatched, ill fitting and 'rraember#iiia tt e pieiof tie0ntive •, generally worn out.This is the gear that has been replaced wit newer and how'the.rne ersrywiil qualify to ; gear for the career members.The ability to purchase properly sized and receive tote lid tttj , ,etc.),the : ' NFPA compliant turnout gear for volunteer members will be a significant :0,: boi i� , b'e e� "(t $ ;` ,aa reason for members to stay.This request is for 18 setwo] of turnout gear to appI bl '�a d a&iget p an�for ., equip every volunteer. each 1 .mot rich Additional, budgetit sttfica ao `s.should he included in the,;project'�riarrativ , •, Close Window https://eservices.fema.gov/FemaFireGrant/firegrant/j sp/safer2013/application/requestdetail... 3/19/2014 View Budget Item * !tern Nape Marketing Materials * RMW R91 a *. 41.. 5 ,: : . ,. ,:` Supplies 4lf. 0t, 1 t o .d ajr xtr .€p by 3 i r M y pft r } `,2 3. 1 000 ►f�Pra�� f'W�+ u7j'Sk st �'a^�{k'i�4"ka`�'�""`�+��� s "Cost ' < `` First 12-Month Period of Your Grant $ 1000 Atrlea0 an9 b ` � �Ie, � }'ge. $0 a� w � � ,�.��M ti� w Second 12-Month Period of Your Grant reafea 4 $0 di � kF„i r� zd � u"'} ' Third 12-Month Period of Your Grant �a4, , Fourth 12-Month Period of Your Grant $0 ��3•'3 Q Pto ®hy ys , ears a Vii 01 t(4}, i e 4A10 t fl e ed ito` provide furtbet,dafictron on,thy costs bthg retestec '.The fast Edgewater Fire Rescue will use these funds to purchase permananet ester tat_s$sh0, _o Ode a des tr ttpn marketing materials, such as banners, and displays that can be used at pfwhat jstftpd �1 e> persortinei the local high school when engaged in many programs sponsored by the eosts tiu berg tf57arl �at fire department. Because of the relationship with students at the high ce�' � 'tlae7ttve "' school, (we teach CPR, a medical academy, CERT teams and provide artd y op ," �� a w�IjFIt mock crashes and safety drills)we have found success in recruiting high rece0e114ctr ete L the '' school seniors.The ability to project a professional marketing plan and apps.) jble)ingFgclirtu dge tpl < image can assure greater success in recruiting. •applrcb� ,arl a.,t�udgst plan for f eachil2',mQnthr;penb Additionpl budgt,}ustifiicatron should be ihcltfded in;the.prdject=rarrattve.' Close Window https://eservices.fema.gov/FemaFireGrant/firegrant/j sp/safer2013/app lication/requestdetail... 3/19/2014 -._u View Budget Item *Itrn Name ' s F. Volunteer Coordinator e *Select b eci €f ss,a n i b ; Personnel If ou,seI cte*,, z ,rr, e� lease4 y R i 1a !" d r * e , x :r r ssst t y e „yN a r w 4� �e y x 1vt 3 �, w i r a M d Ctosr3 4 ' i <, - t tx 4, , 4 First 12-Month Period of Your Grant $4160 Lx 'A ¢, vauAt leas one'? inUhae,,01l Second 12-Month Period of Your Grant$4160 gra"e�3t a�4Zera , 7, kt*� �s .� �0,� le i� f �k Third 12-Month Period of Your Grant Tia � 1 r 1�l r h Peiod of Your Grant $0� � r Des ptiq i z . Ths ac�t gh m f e ie o,e t ' � tprovie `r a foa o n he . .: costs being egyeted' Tho t estimates should include a description; of what isYinoludedi(i`e ers©nnel These funds will be used to compensate a volunteer coordinator.The costs:�nurtiber of$ ours nd:rate"; _ 1 compensation package is based on 8 hours every two weeks for the first member ilnc endues:ty ee,of��iincen ire;a two years to assess, plan, implement and evaluate the efforts of our and how,# e,m `mbe i ,alify.to, p r" departmental recruitment,marketing and retention efforts. receive eI etie'�et o� heq�n�,1 "'�;�, Compensation and benefits are estimated at$20 per hour. quantityy arequested if applicable), , d a budget plan foie .x each 12 month period Additional budget;justification should be included, in the project n'arrr �tivo rk . . Close Window https://eservices.fema.gov/FemaFireGrant/firegrant/j sp/safer2013/application/requestdetail... 3/19/2014 View Budget Item I erf} .'d e i.,`3 spa a ,, ,, 4 ". ,' Uniforms *„sel "�� I ,t ` _ Equipment or yV ° 7 ' X 60a a*A 'Fpecry J 11 , y ' 5 /4,i"0 ,.'.4.'7".'1,1.. *Cost . f 4 ,��� $7200 44 .' First 12-Month Period of Your Grant ;At'''O'st °e 1 t Second 12-Month Period of Your Grant $0 r„6 4 'x g ka P ° �0 ,9 Third 12-Month Period of Your Grant $0 ' a ”, e ' �` Fourth 12-Month Period of Your Grant $0 "� ~» r tiny i escm-,,,,,n *"55. r : i r n r4 4.ii,s't t'd 4714408'6i; he fi ' rtttst 4106144, tb proved J er.,laftfic l0iLtli the i a k cast5bin11111PtebitTideq,'aitleStIPP011"'ettestet3`tec0st4 `' estfma s This r equest is for uniforms for volunteer departmental members.At the ofvvha �i a pe iftr current time volunteers do not receive any uniforms and must rely on cost& ''"111:6' ''t' bbtfs, trf ,t ' equipment returned by career members, usually after being worn for a Mx �, �x �R, � �� kw membr it en iue .type pf irii;eritkv" : year or more. The lack of uniforms has been noted by volunteers as a and howtthe member will qualify to reason for leaving when asked during exit interviews. Every one of the reeelve.t ie iii�$1ite„t0tc),4ttie ;;a. 18 volunteers will receive a full set of uniforms commensurate with gtantit eirlcreque4Pd°(1f”; , k� �, career members. applicable)r arn'd a b1.idget pta, rl,for' M, each 2 hth,s,:', dl"Add t`ior� I t, ;, :bud a loviticatioo shnu'�d, e`i :,,,,uded, in the pfoleecuria,rr"ative Close Window https://eservices.fema.gov/FemaFireGrant/firegrant/j sp/safer2013/application/requestdetail... 3/19/2014 View Budget Item " Education/Training atrle ' t/4 _ g *.�Sel ctibbjecf, l s •~r" - .' Other spd e ify ,19x ° , '..• ? ' FFI, EMT and Volunteer Driving Courses 4�> 9`/. 5 '1 r saV Y , V x "dd F III" M1 COStt m y .� Va+ o k+01.� �1a1 °*f2" ' �'"` l First 12-Month Period of Your Grant $4000 +t'tea °'kr °°' ave.a vale "° Second 12-Month Period of Your Grant$4000 gra of ah: $c� '444 ` � Third 12-Month Period of Your Grant $4000 +� .fir.+ ,wa "��'z"�"�Y- ° a S�"' �^�'� '', IIH ,gt . � } ` 14 ', ' , ,i, : i Fourth 12-Month Period of Your Grant $ 0 Description , t The space to the right must be usedAt The costs listed above are for the training of four volunteer firefighters to costs ee.furthpl`uesti i;tion 9 ost ,,, the level of Firefighter 1, EMT, NIMS, S130 and S190.The expenditures costs being regtfbs#ed The cost ,. are repeated annually. This is the minimum requirement for volunteers in ofwhat l'-cull lneLudperso c rpt#one„ Florida.The books, uniforms and any other fees and materials for class de sts r ,s inclro f ho ur an o eel"i" such as transportation will be provided by the fire department. ,costs b f�: eef i a 5 if Volunteers will be chosen based on their ability to enter the local training andk�o.W�tie members will qu,�lify to'; center based on entrance testing. They will also be required to perform receive'the incentive,.,eto)�.tile >. support functions for a probationary period during which time the q r� department will determine the candidates best suited for sponsorship in appntity.being req�uesteset p training programs. For existing volunteers, a driver training course will applicable),nttl p bgdg +plan fot be offered through the local college to provide an enhanced level of Balch l2 01401. a io8 ,dditional budget"ustificati604006ldrbe included' response. rimy A Vq :" r in.the proje t ha ativ,e,.,� t� ; r '�..�' '�fi .te � w. G �� _a I Close Window j https://eservices.fema.gov/FemaFireGrant/firegrant/j sp/safer2013/application/requestdetail... 3/19/2014 Presentation to the City of Edgewater, Florida ,,■,., Annual Audit for the Year Ended ILEDGkvy.i„,,A.TERir September 30, 2013 Presented by �= �r James Halleran, CPA .„ \ • If radii ames Moore _ . ff Certified Public Accountants and Consultants EwA Auditors' Report ECG .,y5, TER Unmodifed Opinion (pages 1 - 2) Internal Control Over Financial Reporting (pages 108 — 109) No Material Weaknesses (Zero prior year) Two prior year Significant Deficiencies have been corrected EAuditors' Report 1.-EDGyyATERit Compliance and other matters ( Page 108-109) • No Comments State Single Audit on Compliance (pages 106-107) • One major program Wastewater Treatment • Compliance — One comment related to withholding greater than 10% retainage on owner direct invoices • Internal Control over Compliance — No Comments f I--n Auditors' Report Management Letter required by Florida Auditor General (pages 110-111) • 3 comments in the prior year and corrective action taken on all of them • Two new suggestion 2013-002 and 2013-003 1 a-, - _.---, - r---. .---Pwil._... _imissiii, _ • .. ,_ - RSA ._c. , am _no. ... ..„.._.. $ ,., ,---- --- ir ct :re1.. ,r r — - E% A Auditors' Comments ED G ,.�. TER 2009 2010 2011 2012 2013 Material 3 3 1 0 0 Weaknesses Significant 4 1 3 2 0 Deficiencies Single Audit 0 1 1 0 1 Compliance Suggestions 14 13 6 3 2 i -41 .. Financial Health ILEDGyATERI • Overall Financial Health • Overall financial condition assessment is Inconclusive (Average) . I 4^ Er phi •1 a 1,'' — 4. j :)"4 4 r" r. 7 . .. . ,.. ,ic, _ .. .o. t t . ___,, --,:i.,,,, .1 : 41,...,..?...14,,,..e.,. . ; iir . p & J�`Ji . Tim// Atio 4511, b ,,r - d, Ar�' Xr� 1,,... " r mac . " i( .r was n , Changes This Year ILEDGEWATERI • Increase in unassigned general fund balance of $292K primarily due to the City did not budget to use fund balance in the 2013-2014 budget. • Decrease in water/sewer unrestricted net assets of $511K. Restricted for capital projects decreased $493K. Restricted for debt service increased $ 103K. • Refuse fund unrestricted net assets increased by $ 126K. • Stormwater unrestricted net assets increased by $309K. • Pension plan's investment earnings (loss) $3. 1M-2013, $4.5M-2012, ($ 143K) loss-2011 , $2.3M-2010. However, a loss of ($501K)-2009 and ($4. 1M)-2008. ,...- 4,,,Ii , h n This Year C es a • Governmental Activities: - Property Taxes increased $94K - Charges for services increased $209 - Capital grants/contributions decreased $951K ,t' § �r: ., , fi. `: . , , � - Expenses increased $1. 1M '. 4 .: r • Business Type ,,—= e - Charges for Services increased by $655K . A«'Rx . I - Stormwater expenses increased $131K ,, ,y ..,.,' g ,c .i - Transfers out increased $111 — US 1 ' 4. Irrigation project ,„ Where You' re At Today FY12 FY13 General fund unassigned fund balance $ 2,452,923 $ 2,744,608 FY14 Budgeted expenditures $ 12,324,722 $ 12,324,722 Asa % of expenditures 20% 22% GFOA recommends at a minimum of 17% or 2 months. ,01r . sis City's Charter requires minimum of 15% and maximum 25 %. ry* Pension Funds s (Page 58) li-DGuy,ATERI Unfunded Future Pension Liabilities $14,000,000 $12,000,000 $10,000,000 $8,000,000 $6,000,000 - $4,000,000 $2,000,000 $_ 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Total General —Fire —Police ILI JDGEWATERI Pension Funds • Looking Ahead : GASB Statement No. 68 — Accounting and Financial Reporting for Pensions — Unfunded pension liabilities will be required to be shown as liability on government-wide and proprietary statements of net position. — Effective for the City's fiscal year ended September 30, 2015. i , %.il I l,i. GEORGE MEMO R R.IAL KENNEDY PARK ,, itkit. i - I.. mum �• eagewa ec.Fioaca Developed with financial assistance provided by the \ -----— Florida Department of Environmental Protection City of through the ILEDGEly,„,,ATERit Florida Recreation Development Assistance Progr. — 1 OP _-____, d-------, ,,.,...-- i Questions ?• , % ,. .. ! itod • ,„,ii,A James oore y Ali Certified Public Accountants and Consultants i P;..0_