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02-02-2015 104 N. Riverside Drive ��rnn ?i�b11�lJJJ11,�l�ia�, City of Edgewater Edgewater, FL 32132 f. ETL)GEWATER Meeting Agenda City Council Michael Ignasiak, Mayor Christine Power, District 1 Gigi Bennington, District 2 Dan Blazi, District 3 Gary T. Conroy, District 4 Monday, February 2, 2015 6:00 PM 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. AR-2014-611 Regular Meeting - January 5, 2015 Attachments: Minutes 01-05-2015 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS a. AR-2015-010 Michele Tuck, Kook386, to give a presentation on who they are and what they do. 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. AR-2014-615 George Kennedy Park Seawall Restoration - Design Services Attachments: DMC Proposal for George Kennedy Park Seawall Restoration 01-20-2015.pdf City of Edgewater Page 1 Printed on 112812015 City Council Meeting Agenda February 2, 2015 C. AR-2014-616 March "Edgewater Expo" Parking Event Agreements Attachments: EventLicenselndemnification-First Baptist-Expo-March 2015 EventLicenselndemnification-United Methodist-Expo-March 2015 EventLicenselndemnification-NOW-EdgeFest-March 2015 EventLicenselndemnification-Ce meta ry-EdgeFest-March 2015 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a. 2014-0-27(2) 2nd Reading - Ordinance No. 2014-0-27; Ronald and Tammy Hayward, applicants, requesting annexation of .40± acres of land located at 116 Godfrey Road. Attachments: 2014-0-27-hayward-a nx 116 Godfrey subject map b. 2014-0-28(2) 2nd Reading - Ordinance No. 2014-0-28; an amendment to the Comprehensive Plan Future Land Use Map (FLUM) to include .40± acres of land located at 116 Godfrey Road as Medium Density Residential. Attachments: 2014-0-28-hayward cpa 116 Godfrey FLUM C. 2014-0-29(2) 2nd Reading - Ordinance No. 2014-0-29; Ronald and Tammy Hayward, applicants, requesting an amendment to the Official Zoning Map to include .40± acres of land located at 116 Godfrey Road as R-3 (Single-Family Residential) Attachments: 2014-0-29 hayward rz 116 Godfrey subject map d. 2015-0-01 1st Reading - Ordinance No. 2015-0-01; Gerald and Donna Nissen, applicants, requesting annexation of .69± acres of land located at 207 Ranken Drive. Attachments: 2015-0-01 Nissen anx SP 840100000013 e. 2015-0-02 1st reading- Ordinance No. 2015-0-02; Gerald and Donna Nissen, applicants, requesting an amendment to the Comprehensive Plan Future Land Use Map to include .69± acres of land located at 207 Ranken Drive as Low Density Residential. Attachments: 2015-0-02 Nissen cpa FLU 840100000013 City of Edgewater Page 2 Printed on 112812015 City Council Meeting Agenda February 2, 2015 f. 2015-0-03 1st Reading - Ordinance No. 2015-0-03; Gerald and Donna Nissen, applicants, requesting an amendment to the Official Zoning Map to include .69± acres of land located at 207 Ranken Drive as R-1 (Single-Family Residential) Attachments: 2015-0-03 Nissen rz SP 840100000013 g. 2015-0-05 1st Reading - Ordinance 2015-0-5 Ordinance amending Chapter 12 (Offenses and Miscellaneous Provisions)Article II (Garage Sales) Attachments: 2015-0-05-Amend Garage Sale to 4 times per year 2-2-15 h. 2015-R-07 Resolution 2015-R-07 Approving the Local Agency Program (LAP) Supplemental Amendment#1 between the City of Edgewater and the Florida Department of Transportation (FDOT) for the State Road 5 (US 1) Sidewalk Project from Volco Road to just south of Woodley Avenue, FPN #430183-1-58/68-01 Attachments: Resolution 2015-R-07 SR 5.pdf FPN#430183-1-58&68-01 Supplemental Amendment#1 - 11-18-2014.pdf 9. BOARD APPOINTMENTS None at this time. 10. OTHER BUSINESS a. AR-2014-617 Development Order (DO) extension request from the applicant for the Villas at Massey Ranch development project. Attachments: SP 8438-01-00-0010 massey ranch b. AR-2014-619 Discussion regarding acquiring vacant riverfront residential lot adjacent to Kennedy Park Attachments: Pluscec Lot-Appraisal Rpt ES b. Approval of the Victim of Crime Act (VOCA)Agreement Attachments: Voca Agreement 2015-1-12 Business Plan 2015-1-12 Grant Application Checklist 11. OFFICER REPORTS a. City Clerk City of Edgewater Page 3 Printed on 112812015 City Council Meeting Agenda February 2, 2015 b. City Attorney c. City Manager 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, S days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at 1-800-955-8771. City of Edgewater Page 4 Printed on 112812015 City of Edgewater 104 Edgewater,Edgewater,FL 32132 ,s City of ��GEtWATER Meeting Minutes City Council Michael Ignasiak,Mayor Christine Power,District I Gigi Bennington,District 2 Dan Blazi,District 3 Gary T. Conroy,District 4 Monday,January 5,2015 6:00 PM Council Chambers 1. CALL TO ORDER,ROLL CALL,PLEDGE OF ALLEGIANCE,INVOCATION Present: 4- Councilman Gary T.Conroy,Councilman Dan Blazi,Councilwoman Christine Power,and Mayor Mike Ignasiak Excused: 1- Councilwoman Gigi Bennington Also Present: 3- City Clerk Bonnie Wenzel,City Attorney Aaron Wolfe,and City Manager Tracey Barlow a. Pastor Judson Douglass-Indian River Baptist Church to do the invocation. 2. APPROVAL OF MINUTES a. AR-2014-565 Regular Meeting-December 1,2014 A motion was made by Councilman Blazi, second by Councilman Conroy, to approve the minutes of December 1, 2014 as read. The MOTION was APPROVED by the following vote: Yes: 4- Mayor Ignasiak,Councilwoman Power,Councilman Blazi and Councilman Conroy Excused: 1- Councilwoman Bennington 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS Mayor Ignasiak read a Proclamation into the record proclaiming the week of January S through January 9, 2015 as "Florida First Responder Appreciation Week"in the City of Edgewater. a. AR-2014-488 Keith Norden,Team Volusia to provide a status update. Keith Norden, CEcD. President & CEO for Team Volusia Economic Development Corporation (TVEDC) gave a presentation on TVEDC's 201 S program of work, and reviewed TVEDC's outreach and past marketing and sales work for business development in Volusia County. b. AR-2014-561 2014 Edgewater Christmas Parade / EdgeFest winner announcement and acknowledgements The Council and staff recognized the category winners out of the 88 float and S horse related entries in Edgewater's 2014 Christmas Parade/EdgeFest; recognized event sponsors and volunteers for their support; and also recognized those businesses,groups and people who supported Santa's Workshop. City of Edgewater Page I Printed on 111512015 City Council Meeting Minutes January 5,2015 4. CITIZEN COMMENTS Michael Visconti, 316 Pine Breeze Drive, wished everyone a happy and healthy new year; thanked the City of Edgewater for their assistance with the Pearl Harbor remembrance concert. and provided a sketch for a proposed amphitheater for Edgewater, asking Council to consider the possibility. Katherine Santilla, 2119S. Ridgewood Avenue, from Cathy & Mike's Suds n Subs NY Eatery stated that most businesses along US ] are set back off the highway and are difficult to see; and requested that businesses along US ] be allowed to put up decorative flags to attract peoples attention. Councilman Blazi encouraged her and all business proprietors to attend Edgewater's February workshop on business signs and provide their input for Council consideration. Chuck Martin, 205 Cherrywood Lane, discussed violence and bullying in the workplace and Edgewater's protocol and policy concerning the same. City Manager Barlow discussed personnel policy processes; his accessibility and relationship with employees; the labor union being another avenue of representation for employees; to this date their has never been any formalized complaints or issues brought to his attention that have not been looked into; encouraged employees to exercise their right and privilege to make complaints if they feel workplace violence or bullying has occurred, and that he is not personally aware of any such action or allegations. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA As a professional courtesy to the Mayor of Oak Hill, Mayor Ignasiak recommended that item 8.g. Resolution No. 2015-R-03, be the first item discussed after agenda item 5. City Council Reports. 6. CITY COUNCIL REPORTS Councilwoman Power welcomed the newly appointed Council members back to start a new year, stating that she was looking forward to the next four (4) years; stated that she attended the Pearl Harbor concert which was a great event; thanked Mr. Visconti for his persistence in seeing the event happened,- and that she attended the Wreaths Across America ceremony along with Councilman Blazi, which was a very touching event. Councilman Blazi reported attending Edgewater's Economic Development Board (EDB) meeting; stated that the EDB is very enthusiastic about the Blueway Community proclamation; the memorandum of Understanding with the Florida Paddling Trails Association; the Rails to Trails in the Edgewater area being tentatively completed in approximately 18 months; and that the Ecotourism Sub-committee Chair Jeff Berner is looking to create an event beyond the standard ribbon cutting to advertise the opening of the trail. He also attended the end of the year get together for the Southeast Volusia YMCA Board of Directors and staff, which was a great opportunity to meet and network with the board members that he will be working with in 2015; attended the Volusia League of Cities dinner and business meeting; attended the annual holiday dinner for the Citizens Assisting Police (CAP), and encouraged everyone to take a moment to thank CAPS personnel whenever the opportunity presents itself was the Master of Ceremonies for the Pearl Harbor day remembrance concert, he thanked people and groups who participated in the event, and citizen Mike Visconti for organizing the event; attended the Volusia County Association of Responsible Development (VCARD) annual membership luncheon; Southeast Volusia Chamber's holiday open City of Edgewater Page 2 Printed on 111512015 City Council Meeting Minutes January 5,2015 house and toy drive; the Volusia County Council meeting to support New Smyrna Beach's Community Redevelopment Area (CRA) request, which was approved,- he attended a Christmas party for special needs children hosted by AMVETS Post No. 2, which he was glad to see was well attended by City police,fire and CAPS personnel; and stated that he is looking forward to a great 201 S. Councilman Conroy reported that it was going to be a very busy January; he attended the Edgewater employee breakfast which was well received, and that he had a good time; in the coming months he wants to get out and meet City workers, with coordination of the City Manager he would like to get out and work for a day in different departments to observe the nuts and bolts of how the City works; to fairly evaluate the City Manager at the end of the year he needs more than a few hours at a meeting each month; and he attended one of the City Manager's meetings, which he was told was a first for a Councilman. Mayor Ignasiak reported attending the YMCA Board of Directors Christmas function and that it was a pleasure to introduce Councilman Blazi as the new Council representative to the YMCA Board of Directors; attended the Volusia League of Cities dinner meeting hosted by South Daytona along with Councilman Blazi, Councilwoman Power, and a few City representatives, which was a great opportunity to mix business and pleasure; also attended the CAPS holiday dinner at New Smyrna Beach High school, and gave kudos to CAPS volunteers for all they do; spoke at the Pearl Harbor tribute, which was a great event that went off very well, and he is looking forward to it again next year; he had the opportunity to speak at the Volusia County Council meeting in support of New Smyrna Beach's CRA, which everyone was very thankful to see approved, attended the Edgewater Christmas parade which was probably one of the most successful ones the City has had over the last few years; attended the Recreation Board meeting to see all of the things going on, it was good to hear the wrap up of what they were doing for the year and plans ahead, and he issued a challenge to them to make the City's parks more attractive and to come up with ideas for themes for park events; he attended the holiday breakfast for employees at the Elks Lodge; and attended the AMVETS Christmas party for children with special needs both as the City representative and as a member of AMVETS, he was proud to see the number of City firefighters, police and CAP volunteers supporting the event; and the experience made him extremely proud of Edgewater and AMVETS. 8g. 2015-R-03 Resolution No. 2015-R-03: A Resolution supporting the city of Oak Hill in their efforts to amend the Canaveral National Seashore Final General Management Plan. City Attorney Wolfe read Resolution No. 2015-R-05 into the record. City Manager Barlow made a staff presentation. Oak Hill Mayor Douglas Gibson, 297 River Road, discussed the Canaveral National Sea Shores adopted plan which has a provision banning all commercial harvesting of clams, oysters, and blue crabs in Canaveral National Sea Shores commencing in 2018; stated the City of Oak Hill vehemently opposes that portion of the plan because of it's devastating economic impact, not only on Oak Hill, but on everybody; and thanked the Council for considering to adopt a resolution supporting Oak Hill's efforts. After his presentation Council and Mayor Gibson discussed the area effected by the plan as the City of Edgewater Page 3 Printed on 111512015 City Council Meeting Minutes January 5,2015 Canaveral Park boundaries; which government entities Oak Hill had coordinated with; and clarified the plan governing body as being the Federal Parks Service(FPS). Mayor Ignasiak opened the public hearing. Mayor Ignasiak requested clarity on what the City's resolution supports, and City Manager Barlow replied that the resolution is in support of amending the management portion of the FPS plan, which would then give the FPS the opportunity to consider amending just the commercial harvesting portion of the management plan. Mayor Ignasiak closed the public hearing. A motion was made by Councilman Conroy, second by Councilwoman Power, to approve Resolution No. 2015-R-03. The MOTION was APPROVED by the following vote: Yes: 3- Councilman Conroy,Councilwoman Power and Mayor Ignasiak No: 1- Councilman Blazi Excused: 1- Councilwoman Bennington 7. CONSENT AGENDA Councilman Conroy requested to pull Consent Agenda item 7.b.for discussion. a. AR-2014-489 Requesting Gregori Construction, Inc be awarded the Contract for Juniper Drive Culvert Replacement and 26th Street Culvert Replacement b. AR-2014-520 Purchase Order#8376 Settlement with P&S Paving,Inc. Councilman Conroy discussed P&S Paving's stance that usually someone from the City is at the job site to observe how things are going and material being used because in the bid they are only supposed to use so much material. P&S Paving's stance is that there was no one there from the City to observe how the job was progressing; they had to use more material than they thought they would because of dips in the road and various road surface conditions; and asked if that was an anomaly, or if the City was no longer having someone on job sites over viewing the work. City Manager Barlow replied that it is a combination of traditionally not having someone there 2417 or the entire time to monitor the job site; and at the same time this occurred the City was transitioning from Mike Tenney's retirement and the absence of that position, so his work was divided up between two (2) other employees, the job may not have gotten the same oversight as in the past. Also, the City discovered a minor error in some of the figures that were in the Council agenda request so technically there was an over run of the costs by $24,724.22; and that at the end of negotiations the City and P&S Paving agreed to evenly split the over run costs. He also discussed the allocation of funds for repaving; the City buying asphalt by tonnage; determining additional streets that could be repaved; the City communicating to P&S Paving that they may have to use more asphalt for the project based on tonnage; if the City used the allotted tonnage before they got to the last street the City would have to communicate that they may have to hold off on doing the last street until the next year; and then somewhere between Mr. Tenney's retirement, the City communicating to City of Edgewater Page 4 Printed on 111512015 City Council Meeting Minutes January 5,2015 P&S Paving, P&S Paving communicating not to do the last street to their field crews not to do Date Palm Drive, the project went over the tonnage allocated on the PO. City Manager Barlow continued, had it been caught in time Date Palm Drive would not have been done until 2015. He feels it is a fair settlement that the costs is split; P&S paving did do a good job; there was not any asphalt put on a street that did not need it; Date Palm Drive was paved at a pretty reasonable cost; and part of the overage in costs can be taken out of this year's repaving budget for Date Palm Drive to offset this PO. Councilman Blazi asked if the manpower problem that occurred due to Mr. Tenney's retirement has been rectified, City Manager Barlow replied "correct" and introduced the City's new Engineer, Randy Coslow, who started work the second week in December 2014. Mr. Coslow not only gives the City an engineer on staff, which the City has not had for quite some time, but he has also filled the void created from Mr. Tenney retiring. A motion was made by Councilman Conroy, second by Councilwoman Power, to approve the consent agenda.The MOTION was APPROVED by the following vote: Yes: 4- Councilman Conroy,Councilman Blazi,Councilwoman Power and Mayor Ignasiak Excused: 1 - Councilwoman Bennington 8. PUBLIC HEARINGS,ORDINANCES AND RESOLUTIONS a. 2014-0-24(2) 2nd Reading - Ordinance No. 2014-0-24; Judy Adams, applicant, requesting annexation of 10.72 f acres of land located at 4100 S.US Hwy 1. City Attorney Wolfe read Ordinance No. 2014-0-24 into the record. City Manager Barlow made a staff presentation. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilman Blazi, second by Councilwoman Power, to approve Ordinance No. 2014-0-24.The MOTION was APPROVED by the following vote: Yes: 4- Mayor Ignasiak,Councilwoman Power,Councilman Blazi and Councilman Conroy Excused: 1- Councilwoman Bennington b. 2014-0-22(2) 2nd Reading - Ordinance No. 2014-0-22; Judy Adams, applicant - requesting an amendment to the Comprehensive Plan Future Land Use Map (FLUM) to include 10.72 f acres of land located at 4100 S.US Hwy 1 as Industrial. City Attorney Wolfe read Ordinance No. 2014-0-22 into the record. City Manager Barlow made a staff presentation. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilman Blazi, to approve City of Edgewater Page 5 Printed on 111512015 City Council Meeting Minutes January 5,2015 Ordinance No. 2014-0-22.The MOTION was APPROVED by the following vote: Yes: 4- Mayor Ignasiak,Councilwoman Power,Councilman Blazi and Councilman Conroy Excused: 1- Councilwoman Bennington C. 2014-0-25(2) 2nd Reading - Ordinance No. 2014-0-25; Judy Adams, applicant, requesting an amendment to the Official Zoning Map to include 10.72 f acres of land located at 4100 S.US Hwy 1 as I-1 (Light Industrial). City Attorney Wolfe read Ordinance No. 2014-0-25 into the record. City Manager Barlow made a staff presentation. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilman Blazi, to approve Ordinance No. 2014-0-25.The MOTION was APPROVED by the following vote: Yes: 4- Mayor Ignasiak,Councilwoman Power,Councilman Blazi and Councilman Conroy Excused: 1- Councilwoman Bennington d. 2014-0-26(2) 2nd Reading - Ordinance No. 2014-0-26; an Ordinance of the City of Edgewater amending and restating Article VIII (Administration) of the Land Development Code. City Attorney Wolfe read Ordinance No. 2014-0-26 into the record City Manager Barlow made a staff presentation. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilman Blazi, second by Councilwoman Power, to approve Ordinance No. 2014-0-26.The MOTION was APPROVED by the following vote: Yes: 4- Mayor Ignasiak,Councilwoman Power,Councilman Blazi and Councilman Conroy Excused: 1- Councilwoman Bennington C. 2015-R-01 Resolution #2015-R-01 Approving the City Council Meetings - Order of Business and Public Participation Policy City Attorney Wolfe read Resolution No. 2015-R-01 into the record. City Manager Barlow made a staff presentation. Council members and staff discussed the amount of time citizens are allowed to address the Council at City meetings. Mayor Ignasiak opened the public hearing. City of Edgewater Page 6 Printed on 111512015 City Council Meeting Minutes January 5,2015 Mike Visconti, 316 Pine Breeze Drive, suggested that if the speaker felt they needed additional time they should ask for an extension of his time before giving their presentation; and he also stated that he had a DVD copy of the Pearl Harbor remembrance concert if anyone wanted to borrow it. Chuck Martin, 205 Cherrywood Lane, suggested that if the speaker felt they needed additional time they should ask for five (5)minutes to speak instead of three(3) minutes. Scott Nicholson, 123 28th Street, stated he agreed that sometimes three (3) minutes is not enough and suggested extending the time to speak to five(5)minutes. Dave Kneiszler, 2319 Unity Tree Drive, stated that the three(3) minute rule has worked well for him. Leo Towsley, 2828 Unity Tree Drive, stated to leave the time to speak at the beginning of the meeting at three (3) minutes, and allow citizens as much time as they need to speak at the end of the Council meeting. Mayor Ignasiak closed the public hearing. A motion was made by Councilwoman Power to approve Resolution 2015-R-01. The MOTION DIED due to a lack of second. A motion was made by Councilman Blazi, second by Councilman Conroy, to approve Resolution No. 2015-R-01 with the amendment of five minutes for citizens comments as opposed to three.The MOTION was APPROVED by the following vote: Yes: 4- Mayor Ignasiak,Councilwoman Power,Councilman Blazi and Councilman Conroy Excused: 1- Councilwoman Bennington f. 2015-R-02 Resolution No. 2015-R-02 Requesting a Reduction of the Florida Department of Environmental Protection Annual Wastewater Regulatory and Surveillance Fee for 2015. City Attorney Wolfe read Resolution No. 2015-R-02 into the record. City Manager Barlow made a staff presentation. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilman Blazi, second by Councilwoman Power, to approve Resolution No. 2015-R-02. The MOTION was APPROVED by the following vote: Yes: 4- Mayor Ignasiak,Councilwoman Power,Councilman Blazi and Councilman Conroy Excused: 1- Councilwoman Bennington h. 2015-R-04 Resolution 2015-R-04: Approving the Local Agency Program (LAP) Supplemental Amendment #1 between the City of Edgewater and the Florida Department of Transportation (FDOT) for the Flagler Avenue Sidewalk Project from 12th Street to Park Avenue,FPN#435487-1-38-01 City of Edgewater Page 7 Printed on 111512015 City Council Meeting Minutes January 5,2015 City Attorney Wolfe read Resolution No. 2015-R-04 into the record. City Manager Barlow made a staff presentation. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilman Blazi, second by Councilwoman Power, to approve Resolution No. 2015-R-04. The MOTION was APPROVED by the following vote: Yes: 4- Mayor Ignasiak,Councilwoman Power,Councilman Blazi and Councilman Conroy Excused: 1- Councilwoman Bennington i. 2015-R-05 Resolution 2015-R-05:Public Works Complex Land Acquisition Series 2015 City Attorney Wolfe read Resolution No. 2015-R-05 into the record. City Manager Barlow made a staff presentation. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilman Blazi, to approve Resolution No. 2015-R-05. The MOTION was APPROVED by the following vote: Yes: 4- Mayor Ignasiak,Councilwoman Power,Councilman Blazi and Councilman Conroy Excused: 1- Councilwoman Bennington 9. BOARD APPOINTMENTS a. AR-2014-558 Recreation/Cultural Services Board - Mayor Ignasiak's appointment due to the expired term of Thomas Tipton, whose term expired on November 7, 2014 and is seeking reappointment. Mayor Ignasiak recommended reappointing Mr. Thomas Tipton to the Recreational/Cultural Services Board. A motion was made by Councilwoman Power, second by Councilman Conroy, to accept the Mayor's nomination of Thomas Tipton. The MOTION was APPROVED by the following vote: Yes: 4- Mayor Ignasiak,Councilwoman Power,Councilman Blazi and Councilman Conroy Excused: 1- Councilwoman Bennington b. AR-2014-562 Recreation/Cultural Services Board - Councilwoman Powers appointment due to the expired term of Michael Visconti, whose term expired on November 7, 2014 and is seeking reappointment. A motion was made by Councilwoman Power, second by Councilman Blazi, to reappoint Michael Visconti. The MOTION was APPROVED by the following vote: City of Edgewater Page 8 Printed on 111512015 City Council Meeting Minutes January 5,2015 Yes: 4- Mayor Ignasiak,Councilwoman Power,Councilman Blazi and Councilman Conroy Excused: 1- Councilwoman Bennington 10. OTHER BUSINESS a. AR-2014-552 John Dupont, applicant seeking a local contribution and/or fee deferral/waiver equal to $50,000.00 to be eligible to apply for federal tax credits to construct affordable senior housing utilizing federal housing tax credits administered by the Florida Housing Finance Corporation City Manager Barlow introduced applicant Mr. John Dupont representing Westbrook Housing Development LLC, to make a presentation on constructing an age restricted community in Edgewater. During the presentation Council and staff discussed the number of people that can be housed (approximately 90 units); the Federal program that funds the project; the programs rules and lottery selection process; criteria to be eligible to be in the lottery; the importance of having a strong statement of support from the City; project costs estimates; fees that would be paid to the City; the City waiving $50,000 of the impact fees; Edgewater needing affordable senior citizen housing; and the fact that the Federal tax credits program is an annual occurrence so if Edgewater is not selected this time, an application can be submitted again next year. A motion was made by Councilman Conroy, second by Councilwoman Power, to approve Item No.AR-2014-552.The MOTION was APPROVED by the following vote: Yes: 4- Mayor Ignasiak,Councilwoman Power,Councilman Blazi and Councilman Conroy Excused: 1- Councilwoman Bennington b. AR-2014-540 Team Volusia Economic Development Agreement City Manager Barlow made a staff presentaiton. A motion was made by Councilman Blazi, second by Councilwoman Power, to approve Item No.AR-2014-540.The MOTION was APPROVED by the following vote: Yes: 4- Mayor Ignasiak,Councilwoman Power,Councilman Blazi and Councilman Conroy Excused: 1- Councilwoman Bennington C. AR-2014-563 2015 Project Goals Discussion Mayor Ignasiak called a 10 minute recess at 7:46 p.m. Mayor Ignasiak called the meeting to order at 7:56 p.m. City Manager Barlow discussed the 2015 project goals list and the Council review process. City of Edgewater Page 9 Printed on 111512015 City Council Meeting Minutes January 5,2015 Councilman Conroy asked if they could introduce a resident to discuss the item found on page two (2) concerning the "Establishment of a community/performing arts complex". Mr. Dick Cuchetti, 1620 Edgewater Drive, discussed the importance of having a community/performing arts complex in the City of Edgewater. Council members and staff reviewed/discussed each item on the City's 2015 project goals list, and concurred, with the following exceptions: Remove the following: Establish an "Adopt a Road" program; Evaluate codes for conflicts and/or inconsistencies; Amend yard sale ordinance to allow more than 2 per year; Hire an Administrative Assistant for the City Manager's office; and Examining additional personnel positions and/or shifting ofpersonnel positions. The City Manager to prepare and submit an amendment to the yard sale ordinance to allow residents to have four(4)yard sales per year. The City Manager to coordinate obtaining an appraisal on the 60 acre site to be considered as a location to possibly develop a public/large boat ramp and parking facility. The City Manager to coordinate a workshop in March 2015 with local Edgewater businesses to discuss evaluating the Code of Ordinances to see what portions business owners feel conflict with their operations. To incorporate shuffle board courts into the goal of "Renovate Whistle Stop park" which would also help the City create a community atmosphere at the park. 11. OFFICER REPORTS a. City Clerk City Clerk Wenzel discussed the Volusia League of Cities dinner/business meeting on January 22, 2015 in DeBary; the 2015 Regional Summit series on "What Every Municipal Official Needs to Know" in Winter Park; the CEDS workshop with the Economic Development Board and the Planning and Zoning Board on Wednesday, January 7, 2015 at 10:00 a.m.; Council pictures are scheduled for that afternoon at the photographers office in New Smyrna Beach; at the end of the month she would be in Daytona Beach taking a Public Information Officer class; reminded candidates from the last election cycle that have not turned in their termination reports that are due by February 2, 2015; and stated that she recently graduated from college earning her associates degree and that she has enrolled in classes to earn her bachelors degree. b. City Attorney Nothing at this time. c. City Manager City Manager Barlow stated that unfortunately, as the roof repairs progressed on the City Hall City of Edgewater Page 10 Printed on 111512015 City Council Meeting Minutes January 5,2015 complex there was a ton of rotten wood discovered that needs to be replaced,- he had to authorize a change order to continue the project for an additional $24,950; the total roof repair project costs is $47,900, which was covered with a carry forward from last year's budget of designated funds; and that the purchasing policy allows the City Manager to make those types of decisions as long as he brings it before the City Council after the fact. He also discussed the positive progress of the City's sidewalk projects. He reminded Council of the Southeast Volusia Chamber's Business after Hours meeting on Thursday, January 8, 2015, from 5:00 p.m. until 7:00 p.m., hosted by the First Response Disaster Team; the first Blue Way coordinating meeting is Friday, January 9, 2015, from 3:30 p.m. to 5:00 p.m. in the Edgewater Community Center; January 13, 2015 is the Boston Whaler ribbon cutting, and he encouraged Council members to attend,- on January 29, 2015 is the Team Volusia annual meeting at the Daytona International Speedway; and on March 7, 2015 is the Southeast Volusia Transportation Summit to discuss future transportation initiatives, they are scheduled to have the Florida Department of Transportation (FDOT) District 5 Secretary Noranne Downs in attendance; and stated the summit will probably be held in New Smyrna Beach. 12. CITIZEN COMMENTS Chuck Martin, 205 Cherrywood Lane, discussed making sure the shuffleboard courts were ADA compliant; having recycling boxes at City events; and concurred with the direction the Council was taking on several of the topics that were discussed during the Council meeting. 13. ADJOURN There being no further business to discuss, Mayor Ignasiak adjourned the meeting at 9:33 p.m. Minutes submitted by: Mitch Honaker,Deputy City Clerk ATTEST.- APPROVED: Bonnie Wenzel, City Clerk Mike Ignasiak, Mayor City of Edgewater Page 11 Printed on 111512015 le 104 N. Riverside Drive City of Edgewater Edgewater, FL 32132 R Legislation Text File #: AR-2014-615, Version: 3 COUNCIL AGENDA ITEM SUBJECT: George Kennedy Park Seawall Restoration - Design Services DEPARTMENT: Leisure Services SUMMARY: The Florida Inland Navigation District (FIND) awarded the City grant funds to complete the design work associated with restoration of the George Kennedy Park seawall. Through the Continuing Professional Engineering Services agreement with Dredging & Marine Consultants, LLC (DMC); a Scope of Services, Budget and Schedule for the restoration work has been provided addressing Phase 1 of the project for a total Project cost of$40,000. BUDGETED ITEM: ® Yes ❑ No ❑ Not Applicable BUDGET AMENDMENT REQUIRED: ® Yes ❑ No ❑ Not Applicable RECOMMENDED ACTION: Motion to authorize the City Manager to issue a Notice to Proceed and a Purchase Order to Dredging & Marine Consultants,LLC. City of Edgewater Page 1 of 1 Printed on 1/23/2015 powered by LegistarTM Dredging&Mare Coruultants -D)YIC ENGINEERS • SC€EI`IMSTS January 20, 2015 Mr. Jack Corder City of Edgewater 1108 S. Ridgewood Avenue Edgewater, FL 32132 RE: Evaluation, Engineering Design and Permitting for George Kennedy Park Seawall Restoration Scope of Services, Budget, and Schedule Dear Mr. Corder: Dredging & Marine Consultants LLC (DMC) is pleased to submit the following proposal to provide engineering and permitting services related to restore the 400 linear feet of existing seawall and sidewalk in George Kennedy Park. Scope of Services: DMC will assist the City of Edgewater (City) with the following services as indicated in the scope of service below: Task 1: Topographic, Hydrographic and Existing Structure Survey— DMC will facilitate and coordinate all the necessary surveying needed to successfully design restoration of the existing structures identified. Topographic, hydrographic and existing structure survey surveying will be conducted in the project area of interest. Task 2: Existing Structure Evaluation—With the cooperation of City staff, DMC will evaluate and document the existing condition and potential issues of the seawall and sidewalk. Excavation behind the existing wall by the City may be necessary to accurately evaluate the existing structure. The City will provide any available designs and reports to DMC on this project. Task 3: Engineering — This task will include generating preliminary concept designs for City review and all engineering and design drawings (plans) necessary for restoration of a section of the existing seawall. A 30% and 60% completion meeting will be held with City. Once the 90% plans are completed and reviewed with the City, DMC will complete the engineering drawings. Task 4: Permitting — DMC will submit the proposed project for an exemption letter from the Florida Department of Environmental Protection and US Army Corps of Engineers, as needed. This letter will be needed during the FIND Phase 2 grant application process. Permit fees will be the responsibility of the County. Task 5: Bidding-- DMC staff will prepare technical specifications and construction drawings for the proposed restoration as part of this task. In addition, DMC will attend a pre-bid meeting and assist with addendum preparations by responding to any questions submitted in regard to the plans by the prospective contractors. Budget: 1. Topographic, Hydrographic and Existing Structure Survey— $4,000 2. Existing Structure Evaluation—$8,500 3. Engineering— $15,500 4. Permitting— $4,000 5. Bidding— $8,000 Total Project- $40,000 Schedule: These services will be completed according to the FIND Grant requirements. Should you have any further questions please call 386-304-6505. We look forward to your authorization (Notice-to-Proceed) and to working with you on this project. Thank you. Respectfully, Td urine Consultants, LLC Patel PrincipallSenior Project Manager 46433 S. Clyde Morris Blvd., Unit 302 • Port Orange, FL 32129 • Phone: 386-304-6505 • Fax:386-304-6506 spatel @dmces.com • www.dmces.com le 104 N. Riverside Drive City of Edgewater Edgewater, FL 32132 R Legislation Text File #: AR-2014-619, Version: 1 COUNCIL AGENDA ITEM SUBJECT: Discussion regarding acquiring vacant riverfront residential lot adjacent to Kennedy Park DEPARTMENT: Finance / Leisure Services SUMMARY: Discuss apply for an ECHO grant to help purchase the Pluscec riverfront lot. This lot is located on North Riverside Dr. adjacent to Kennedy Park and across from City Hall. It is approximately a 12,000 square foot lot. The estimated market value is $302,000. Funds for the acquisition of this land would come from a 50/50 match with ECHO funds from Volusia County. The acquisition of this vacant riverfront lot would provide a recreational resource that would allow residents and visitors to enjoy an unobstructed view of our natural scenic shoreline and surrounding landscape to support healthy living and tourism. If acquired this land would become part of the existing public open space located along Riverside Drive. BUDGETED ITEM: ® Yes ❑ No ❑ Not Applicable BUDGET AMENDMENT REQUIRED: ® Yes ❑ No ❑ Not Applicable RECOMMENDED ACTION: Authorization for the City Manager to enter into discussions for the acquisition of the Pluscec lot and applying for an ECHO grant to help fund the acquisition. City of Edgewater Page 1 of 1 Printed on 1/23/2015 powered by LegistarTM '", a�+.t air•+�► tai= --. sue. �� - r IL -Imp sab IF 91, �J ^R. ■ APPRAISAL REPORT OF Pluscec Riverfront Lot North Riverside Drive Edgewater,FL 32132 AS OF January 10,2015 PREPARED FOR Mr. Jack Corder Director of Leisure Services City of Edgewater,Florida P.O.Box 100 Edgewater,FL 32132 PREPARED BY Robert H.Lovelace,MAI,CCIM State-Certified General Real Estate Appraiser RZ402 Commercial Real Estate Appraiser and Consultant 1703 N.Indian River Road New Smyrna Beach,FL 32169 Robert(Bob)Lovelace,MAI,CCIM 1703 N.Indian River Rd. T386.402.8084 State-Certified General Real Estate Appraiser RZ402 New Smyrna Beach,FL 32169 F 866.384.9991 n ni boblovelacensbggmail.com January 15,2015 Mr. Jack Corder Director of Leisure Services City of Edgewater,Florida P.O.Box 100 Edgewater,FL 32132 Re: Appraisal of the Pluscec riverfront lot,N.Riverside Dr.,Edgewater,FL. Dear Mr. Corder: Pursuant to your engagement, I have prepared an appraisal of the above referenced property. The property's description and the valuation analysis are summarized in the attached report. The purpose of the appraisal is to estimate the current market value of the fee simple interest in the property together with associated riparian rights. Definitions of"market value","fee simple"and"riparian rights"are presented in the attached report. The appraisal is intended for use by officials of the City of Edgewater and Volusia County and their authorized agents;there are no other intended users. This appraisal has been developed in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation and the Appraisal Institute. The attached appraisal report is intended to comply with the reporting requirements of USPAP (2014-2015). The report summarizes the scope of the appraisal, the level of reporting, definitions of value,the valuation methodology, and pertinent data researched and analyzed in the development of the appraisal. I have no present or contemplated future interest in the subject property beyond my opinion of value. Your attention is directed to the General Assumptions and Limiting Conditions located on page 4. My estimate of the subject's market value is based on the following Extraordinary Assumptions and Hypothetical Conditions. Extraordinary Assumption: None. Hypothetical Condition: None. Based on the analysis summarized in the attached report, I estimate the market value of the fee simple interest and riparian rights in the property located on North Riverside Drive,in Edgewater,FL,as of January 10,2015 at: THREE HUNDRED TWO THOUSAND DOLLARS ($302,000) ROBERT H. LOVELACE,NIA1, CCIM STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 2 Appraisal of the Pluscec riverfront lot,Edgewater,FL January 15,2015 This confidential report is prepared for the sole use and benefit of the City of Edgewater and 1Volusia County and its authorized agents, and is based, in part, upon documents, writings, and information owned and possessed by these parties. This report is provided for informational purposes only to third parties authorized to receive it. The appraiser-client relationship is with the City of Edgewater. This report should not be used for any purpose other than to understand the information available to the client concerning the subject interests. The client and the appraiser assume no responsibility if this report is used in any other manner. This letter must remain attached to the report, which contains 45 pages including Addenda in order for the value opinion presented herein to be valid Thank you for the opportunity to have provided appraisal services to the City of Edgewater. Respectfully submitted, Robert H.Lovelace,MAI, CCIM State-Certified General Real Estate Appraiser RZ402 ROBERT H. LOVELACE,NIAI, CCIM STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 3 General Assumptions and Limiting Conditions This appraisal and report has been made with the following general assumptions: • No responsibility is assumed for the legal description provided or for matters pertaining to legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated. • The property is appraised free and clear of any and all liens or encumbrances unless otherwise stated. • Responsible ownership and competent property management are assumed. • The information furnished by others is believed to be reliable,but no warranty is given for its accuracy. • All engineering studies are assumed to be correct. The plot plans and illustrative material in this report are included only to help the reader visualize the property. • It is assumed that there are no hidden or unapparent conditions of the property, subsoil or structures that render it more or less valuable. No responsibility is assumed for such conditions or for obtaining the engineering studies that may be required to discover them. • It is assumed that the property is in full compliance with all applicable federal, state and local environmental regulations and laws unless the lack of compliance is stated,described and considered in the appraisal report. • It is assumed that the property conforms to all applicable zoning and land use regulations and restrictions unless a non-conformity has been identified,described and considered in the appraisal report. • It is assumed that all required licenses, certificates of occupancy, consents and other legislative or administrative authority from any local, state or national government or private entity or organization have been or can be obtained or renewed for any use on which the opinion of value contained in this report is based. • It is assumed that the use of the land and improvements is confined within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted in the report. • Unless otherwise stated in this report, the existence of hazardous materials, which may or may not be present on the property, was not observed by the appraiser. The appraiser has no knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea-formaldehyde foam insulation and other potentially hazardous materials may affect the value of the property. This opinion of value is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for such conditions or for any expertise or engineering knowledge required to discover them. The intended user is urged to retain an expert in this field,if desired. • No information regarding the soil conditions of the subject site was provided for my analysis. It is assumed that a soil survey, by a qualified professional, will be commissioned in order to determine if any adverse soil conditions are present. A survey revealing any adverse conditions on the site could have an impact on the value concluded herein. The intended user is urged to retain an expert in this field,if desired. • No information regarding conclusions of any environmental audits or studies that revealed data on issues that could adversely impact the development potential of the subject site, including the existence of any endangered plant or animal species,was provided for my analysis. It is assumed that a minimum of a Level 1 Environmental Audit, and/or other appropriate studies, completed by qualified professionals, will be commissioned in order to determine if any adverse environmental conditions, including those resulting from the current, or former use of the subject site and surrounding sites, are present. Studies revealing any adverse environmental conditions on the site could have an impact on the value estimated herein,requiring a modification of my value estimate. • Unless otherwise stated in this report,the subject is appraised without a specific compliance survey having been conducted to determine if the property is or is not in conformance with the requirements of the Americans with Disabilities Act. The presence of architectural and communications barriers that are structural in nature that would restrict access by disabled individuals may adversely affect the property's value,marketability,or utility. ROBERT H. LOVELACE,MAI, CCIM STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 4 This appraisal and report has been made with the following general limiting conditions: • Any allocation of the total value concluded in this report between the land and the improvements, if any, applies only under the stated program of utilization.The separate values allocated to the land and buildings, if any, must not be used in conjunction with any other appraisal and are invalid if so used. • Any opinions of value provided in the report apply to the entire property, and any prorating or division of the total into fractional interests will invalidate the opinion of value, unless such division of interests has been set forth in the report. • Possession of this report,or a copy thereof,does not carry with it the right of publication. • The appraiser,by reason of this appraisal, is not required to give further consultation or testimony or to be in attendance in court with reference to the property in question unless arrangements have been previously made. • Neither all nor any part of the contents of this report(especially any conclusions as to value,the identity of the appraiser or the firm with which the appraiser is connected) shall be disseminated to the public through advertising, public relations, news, sales or other media without the prior written consent and approval of the appraiser. • The forecasts, projections or operating estimates contained herein are based on current market conditions, anticipated short-term supply and demand factors and a continued stable economy. These forecasts are, therefore, subject to changes with future conditions. Extraordinary Assumptions An assumption, directly related to a specific assignment, which, if found to be false, could alter the appraiser's opinions or conclusions. Extraordinary assumptions presume as fact otherwise uncertain information about physical, legal,or economic characteristics of the subject property;or about conditions external to the property such as market conditions or trends; or about the integrity of data used in an analysis. An extraordinary assumption may be used in an assignment only if: • It is required to properly develop credible opinions and conclusions, • The appraiser has a reasonable basis for the extraordinary assumption, • Use of the extraordinary assumption results in a credible analysis;and • The appraiser complies with the disclosure requirements set forth in USPAP for extraordinary assumptions. This appraisal and report is made with the following extraordinary assumption: None. Hypothetical Conditions Hypothetical conditions assume conditions contrary to known facts about physical, legal, or economic characteristics of the subject property; or about conditions external to the property, such as market conditions or trends; or about the integrity of data used in an analysis. A hypothetical condition may be used in an assignment only if: • Use of the hypothetical condition is clearly required for legal purposes, for purposes of reasonable analysis, or for purposes of comparison, • Use of the hypothetical condition results in a credible analysis;and • The appraiser complies with the disclosure requirements set forth in USPAP for hypothetical conditions. This appraisal and report is made with the following hypothetical condition: None. ROBERT H. LOVELACE,MAI, CCIM STATE-CERTIFIED GENERAL REAL,ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 5 Certification Statement I certify that,to the best of my knowledge and belief: The statements of fact contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions,and are my personal,impartial and unbiased professional analyses,opinions,and conclusions. I have no present or prospective interest in the property that is the subject of this report, and no personal interest with respect to the parties involved. I have no bias with respect to the property that is the subject of this report or to the parties involved in this assignment. My engagement in this assignment was not contingent upon developing or reporting predetermined results. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Practice of the Appraisal Institute, which include the Uniform Standards of Professional Appraisal Practice. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. It is also subject to the requirements of the State of Florida relating to review by the Florida Real Estate Appraisal Board. I have not performed any other prior services relating to the subject property, as an appraiser or in any other role, within the(5)year period immediately preceding acceptance of this appraisal assignment. I have made a personal inspection of the property that is the subject of this report. No one provided significant real property appraisal assistance to the person signing this certification. As of the date of this report,I have completed the continuing education program of the Appraisal Institute. Robert H.Lovelace,MAI, CCIM State-Certified General Real Estate Appraiser RZ402 Date Signed: January 15,2015 ROBERT H. LOVELACE,NIAT, CCIM STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 6 Table of Contents GENERAL ASSUMPTIONS AND LIMITING CONDITIONS.............................................. 4 CERTIFICATION STATEMENT.............................................................................................. 6 TABLEOF CONTENTS ............................................................................................................. 7 SUMMARY OF SALIENT FACTS AND IMPORTANT CONCLUSIONS.......................... 9 APPRAISAL SPECIFICS.......................................................................................................... 10 AppraisalPurpose.................................................................................................................. 10 ReportingOption.................................................................................................................... 10 IntendedUse........................................................................................................................... 10 IntendedUser......................................................................................................................... 10 Client...................................................................................................................................... 10 Dateof Report........................................................................................................................ 10 EffectiveDate of Value........................................................................................................... 10 Property Interests Appraised................................................................................................. 10 MarketValue Definition......................................................................................................... 11 Exposure Time Definition....................................................................................................... 11 Exposure Time Estimate......................................................................................................... 11 Sources of Information........................................................................................................... 11 CompetencyRule.................................................................................................................... 12 APPRAISALSCOPE ................................................................................................................. 12 SUBJECT PROPERTY IDENTIFICATION AND HISTORY............................................. 13 Identification.......................................................................................................................... 13 Current Owner of Record....................................................................................................... 13 LegalDescription................................................................................................................... 13 Three-Year Sale History......................................................................................................... 13 Current Offerings/Pending Contracts.................................................................................... 13 REGIONAL PROPERTY MARKET SUMMARY ................................................................ 14 NEIGHBORHOOD DESCRIPTION ....................................................................................... 14 PROPERTY DESCRIPTION.................................................................................................... 15 PROPERTY ASSESSMENT & TAXATION.......................................................................... 20 IMAGES OF SUBJECT SITE...................................................................................................21 HIGHEST AND BEST USE ......................................................................................................25 VALUATION INTRODUCTION.............................................................................................27 SALES COMPARISON APPROACH..................................................................................... 27 Comparable Property Location Map..................................................................................... 28 Market Data Grid(Sales 14).............................................................................................. 29 Market Data Grid(Sales S 8).............................................................................................. 30 ROBERT H. LOVELACE,NIAI, CCIM STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER#RZ 402 File 401-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 7 Market Data Grid(Listings 9 10) ....................................................................................... 31 Comparable Sale and Listing Summaries.............................................................................. 32 Summary of Comparisons and Adjustments........................................................................... 41 Sales Comparison Approach Conclusion............................................................................... 44 EXPOSURE TIME AND MARKETING TIME ESTIMATE............................................... 44 ADDENDA................................................................................................................................... 45 ROBERT H. LOVELACE,NIAI, CCIM STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 8 Summary of Salient Facts and Important Conclusions Name of Client: City of Edgewater,Florida Mr. Jack Corder Director of Leisure Services City of Edgewater P.O.Box 100 Edgewater,FL 32132 Interests Appraised: Fee simple estate with riparian rights. Subject Property: Pluscec riverfront lot,N.Riverside Dr. Edgewater, Volusia County,Florida 32132 Volusia County Tax Parcel ID#7452-01-00-005A Property Overview : Vacant, riverfront residential lot; 0.40±ac (17,500±square feet)within legal description; 12,000± SF square feet net upland area-subject to confirmation by survey. Only minor site improvements(fencing). Zoning/Future Land Use: R-1, Single Family Residential / Low Density Residential, City of Edgewater Census Tract: 0803.08 Highest and Best Use: Construction of single-family residence. Type of Value: "Market value". Effective Date of Appraisal: January 10,2015 Date of Report: January 15,2015 Estimate of Market Value: $302,000 Extraordinary Assumptions: None. Hypothetical Conditions: None. Exposure Time: Up to 12 months. ROBERT H. LOVELACE,NIAl, CCIM STATE-CERTIFIED GENERAL REAL,ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 9 Appraisal Specifics Appraisal Purpose The purpose of this appraisal is to develop and report an estimate of the market value of the fee simple interest in the subject property together with riparian rights"as is"as of January 10,2015. Reporting Option The results of my analysis are presented in this written appraisal report. This document is intended to comply with the reporting requirements of the Uniform Standards of Professional Appraisal Practice (USPAP 2014/2015). Intended Use The intended use of this appraisal is for consideration in a Volusia County ECHO grant application and the possible purchase of the subject real estate. This report and the conclusions contained herein should not be used for any purpose or dates other than those stated above. Intended User This appraisal is intended for the use by the City of Edgewater and Volusia County,and any authorized agents;there are no other intended users. Client City of Edgewater,Florida Mr. Jack Corder Director of Leisure Services City of Edgewater P.O.Box 100 Edgewater,FL 32132 Date of Report January 15,2015 Effective Date of Value January 10,2015 Property Interests Appraised "Fee Simple Estate"is defined as: "Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation,eminent domain,police power,and escheat."1 "Riparian Rights"is defined as: The right of an owner of land abutting a body of water to use the water area for piers,boat houses,fishing,boating, navigation,and the right of access for such purposes,limited by public need if on a navigable stream." 1 Source:Appraisal Institute,The Dictionary of Real Estate Appraisal,5th ed.(Chicago:Appraisal Institute,2010). ROBERT H. LOVELACE,NIAl, CCIM STATE-CERTIFIED GENERAL REAL,ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 10 Market Value Definition "The most probable price that the specified property interest should sell for in a competitive market after a reasonable exposure time,as of a specified date,in cash,or in terms equivalent to cash,under all conditions requisite to a fair sale, with the buyer and seller each acting prudently, knowledgeably, for self-interest, and assuming that neither is under duress."2 Market Value Comments: The factors of utility, scarcity, desire and effective purchasing power are apparent in the definition. The implication that buyer and seller are working under equal pressure is seldom completely true, although typical motivation for each does imply a reasonable balance for a market value transaction. Market prices do not necessarily follow all of these concepts and are often affected by salesmanship and the urgency and need of the buyer and/or seller. The central difference between market price and market value lies in the premise of knowledge and willingness both of which are contemplated in market value, but not in market price. Stated differently, at any given moment of time, market value denotes what a property is actually worth under certain specified conditions, while market price denotes the actual sale price. Probability of Value Change: The opinion of market value of the property expressed in this report is concluded as of the date of value. Constantly changing economic, social,political and physical conditions have varying effects upon real property values. Even after the passage of a relatively short period of time, property values may change substantially and require a review of the appraisal to determine its current validity. Exposure Time Definition "The estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal; a retrospective estimate based on an analysis of past events assuming a competitive and open market."3 Exposure Time Estimate Considering current local market conditions and the marketing times of similar properties,the exposure time for the subject real property is estimated to be up to twelve(12)months. Sources of Information I have relied upon information provided by representatives of the property's owner and have assumed it to be true and correct. I have not performed independent auditing procedures and provide no assurances, expressed or implied,regarding the accuracy of the information provided by others. The information upon which my vale estimate is based includes the following: 1. Property data contained within public records of the Volusia County Property Appraiser's Office. 2. A legal description of the subject property appearing in the public records of Volusia County, County Clerk. 3. Online Volusia County Property Appraiser and GIS mapping and property data. 4. Interviews of Mrs. Diana Williams, Royalty Realty, the real estate broker representing the property owner. 5. Email correspondence with the property owner. 6. An interview of Mr.Darren Lear,Director of Planning, City of Edgewater. 2 Source:Appraisal Institute,The Dictionary of Real Estate Appraisal,5th ed.(Chicago:Appraisal Institute,2010). 3 Source:Appraisal Institute,The Dictionary of Real Estate Appraisal,5th ed.(Chicago:Appraisal Institute,2010). ROBERT H. LOVELACE,NIA1, CCIM STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 11 Competency Rule USPAP requires that prior to accepting an assignment the appraiser must identify the appraisal problem and have the knowledge and experience to complete it competently. Alternatively, the appraiser can disclose the lack of knowledge and/or experience and take the steps necessary to complete the assignment competently, describing this in the appraisal report. I have extensive experience in appraising real estate in the central Florida market region, including extensive appraisal experience in Volusia County. I have extensive experience in appraising residential, retail, office, apartment, motel and other commercial properties. I possess the knowledge and experience to perform this assignment competently. Appraisal Scope Property Inspections: Performed January 10, 2015; walked the majority of the upland site and viewed the water frontage from the adjoining George Kennedy park. The Extent of Market Data Research: A variety of information sources were referenced including: • Volusia County Property Appraiser and County Clerk sales records for years 2012 to the present date involving similar properties; • Online mapping and other public records available from Volusia County,the City of Edgewater and the City of New Smyrna Beach; • Commercial information exchanges(CIEs)including LoopNet, Costar, and New Smyrna Beach Board of Realtors multiple listing data; • Interviews of market participants and public officials who were familiar with the subject and comparable properties, including brokers and principals to the comparable property transactions. • Viewing and capturing images of all the comparable properties. The Type and Extent of Analysis: Cost Approach: In this case, the cost approach is not applicable or necessary for a credible appraisal as the subject property is a vacant land parcel. Sales Comparison Approach: This approach is applicable, necessary and has been fully developed for this assignment. Income Approach: The income capitalization valuation approach is not applicable or necessary for a credible appraisal analysis as the subject property is a vacant land parcel. Key Documents or Information Provided by Client and Relied Upon in this Analysis: 1. A partial copy of a boundary survey of the subject property provided by Mrs. Diana Williams, the real estate broker representing the subject parcel's owner. A copy of that survey is presented in this report's addenda. ROBERT H. LOVELACE,NIAl, CCIM STATE-CERTIFIED GENERAL REAL,ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 12 Subject Property Identification and History Identification Volusia County Property Alternate Key#s Site Address Appraiser Parcel#s 7452-01-00-005A 3893913 N.Riverside Dr.Edgewater,FL 32132 Current Owners of Record Davor and Kristine A.Pluscec 120 N.Riverside Dr. Edgewater,FL 32132 Legal Description The Southerly 100 feet of Parcel 1,described in Warranty Deed recorded in Official Records Buck 4168,Page 990 of the PubLic Records of Volusia County,Finrida,being more particularly described ii,$follows: A parcel of filled,farnwrly submerged land lying Easterly of Lot 4L,Assessor's Subdivision of the G. Alvarez Grant, Section 52, Township 17 South, Range 34 East, according to tlhe plat thereof as recorded in NLap Baak 3,Page 137 of the PtMic Records of Volusia County,Florida being described as follows: Commence al The CoMUM nT011ument tiaarldng the Norlheast earner of Section 33, Township 17 South, Range 34 East, said monrment being Florida Npartment of Environmental Protection Certified Corner Nu.0014241;thence North 37'40' 12" West,a distance of 737.80 feet to a brass disk in a concrete driveway narked "iWV Disc No. 4A"; thence North 24°40'42"Weal, a distance of 1288.45 Feet to the Easterly prolongation of the South line of The North 134 feet of the South 269 feet of said Lot 4L; thence North 67* 02' 071" East,Along said Easterly Prolongation, a distance of 8.46 feet to the Easterly right of way of North Riverside Dr0e,formerly knuwn as"The Strand",a 50 foot right of way as cow laid out And oftupied and for the Perot of Beginning; thence condouc North 67`02'67"East,a distance of 155.44 feet to the mean high water line of the Indian River >wortb; thence along said mean high water line, the fallowing thirteen (13) Courses &rid distances:North 38°17'38" East,a distance of 3039 feet;#hence North 44'14'45"East,a disl:rtce of 50.83 feet;thence North W 48'32"East,A distance of 25.33 feet;thence North 80'24'23"1Ve9t,a distance of 20.85 feet; thence Soul 5411 18' 18" West,a distance of 42.58 feet;thence.South 60'49' 03" West, a distance of 25.15 feet; thence South 77°23' 02"r West. a distance of 32.52 feet; thence South W 48' 09" West,a dtstwiM of 18.95 feet; thence North 22'05' 1$" East, a distance of 13.66 feet;thence North 44'51'09"East,■distance of 13.70 fret;them.North 311°51'04"East,a distance of 14,85 feet; thence North 371 37"11"West,A distance of 25.54 feet;thence North 1 V 03'08'•West, a distance of 347 feet;thence South 67'112'47"Wed,leaving said mesin high water line,a distance of 161.57 feet to Bald Fasierky right of way of North Riverside Drive; thence South 28' t}4' 01" East, along said Easterly right of spay,a distance of 100.40 feet to the Point of Beginning.Containing 0A0 acres more or less. Note: The legal description above is drawn from Volusia County Clerk records (ORB 5607 PG 1300) and subject to verification by survey. Three-Year Sale History There have been no transfers of the subject property during the three (3)years preceding the effective date of this appraisal report. The current owners did purchase the subject parcel in July of 2005 at a confirmed price of $650,000. Current Offerings/Pending Contracts The property is, as of the valuation date, on the open market for sale with an asking price of$329,900. The listing broker, Mrs. Diana Williams, Royalty Realty, reports the parcel has been on the open market for sale for approximately two (2) years with an initial asking price of$399,900. No offers for purchase have been tendered during the two year listing period. No contracts for sale are pending. ROBERT H. LOVELACE,MAI, CCIM STATE-CERTIFIED GENERAL REAL,ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 13 Regional Property Market Summary The content of this report recognizes the client and other intended users are well informed about the region's economy and property markets. It is not necessary to present a broad narrative on the topic in this report. My valuation analysis does recognize that the area's real estate markets have improved since the strong economic downturn in 2007. Real estate market conditions between 2007 and 2011 brought significant declines in property values and dramatically reduced total sale volumes. Most recently, market indicators include increasing residential transaction volumes and increasing average home sale prices, declining foreclosure rates, resumption of new home construction, and improvement in commercial property occupancy and rental rates. Although the recent market indicators are positive,value appreciation has been modest and uneven across property classes and sub-markets. Neighborhood Description The content of this report recognizes the client and intended users are well informed about the neighborhood conditions immediately surrounding the subject property. My reporting does not include a description of current neighborhood conditions beyond those key value influences impacting the subject property. The subject property is located immediately northeast of the City of Edgewater's Municipal Complex and immediately north of the George Kennedy Memorial Park and the East Park Avenue intersection. The East Park Avenue corridor and surrounding residential 1 a' . neighborhoods are in a relatively stable state with no significant changes over the past several years. The East Park Avenue corridor is sub-neighborhood that Edgewater's economic development strategy4, and the City's planning visions focus on. The overall plan is to redevelop the East Park Avenue segment, including the Historic Downtown and US 1 consistent with the "Park Avenue Concept Improvement Plan'. The East Park Avenue corridor is an important part of the City's Community Redevelopment Area (CRA). The future impacts of the City's new CRA the any redevelopment of E. Park Avenue are likely several years away. In the interim,property market conditions and real estate value influences in the neighborhood will remain stable, with no significant improvement or decline for the next few years. The Riverside Drive corridor, in both Edgewater and adjoining New Smyrna Beach, is a scenic two-lane roadway fronted by river front and river view homes overlooking the IntraCoastal Waterway. The age, size and value of the Riverside Drive homes vary widely. The neighborhoods between US Highway 1 and Riverside Drive are well- established residential districts with generally favorable value influences. The water frontage is a key value influence with waterfront homes and riverfront residential lots commanding price premiums above similar,but non- waterfront properties. Single-family residences are located immediately north and northwest of the subject parcel. The parcel is located immediately northeast of Edgewater's Municipal Complex and immediately north of the waterfront George Kennedy Memorial Park. It is reasonable to expect that many prospective buyers with residential construction intent will view the close proximity of the municipal complex and public park/boat ramp facility unfavorably, with perceptions of possible nuisances including reduced privacy, automobile and boat traffic,and noise. 4 Economic Development Strategic Plan for the City of Edgewater,Florida—May 2010,Kimley-Horn and Associates,Inc.and URBANOMICS, Inc. 5"Envison Edgewater",Cannin Associates(undated) ROBERT H. LOVELACE,NIAT, CCIM STATE-CERTIFIED GENERAL REAL,ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 14 Property Description .Y View westward from over the Intracoastal waterway showing the subject parcel. Site Size: 0.40±acre(17,500±square feet)within the legally described boundaries. Net upland area— 12,000± SF - (westward of the mean high water line elevation and wetland jurisdictional line.)* *Based on public records and a partial copy(uncertified)of a survey provided by the owner's representative(see below). Site Shape&Dimensions: Irregular, 100.4'±of frontage on N. Riverside Dr. See survey below(larger copy presented in the report's addenda). dT "A4` — .�\� _ T n rwx ar � Sa><saw'or for u j r„PRae un I ,_,?v±5670701'E 12:2�'l 7'(O M) 4 �.\\U�ySET 5/8"IRON 1�R00 AND CAP Iv1 CLB 039WIV N ' I1 '?Z U7 02'07"W 161.57' \ IV I 9�0'�MJ IRON 'I ; I�tt w'a II�J rr3 ..�i ROD AND CP I W "WRNE55 1 riGR"y, �. !,_CiQ U LR 2699' � rcw iiR rar xcu Nz91 ti,6;4:_ < N a Iw..4m tw- :n.?T� LO�G�iptMOrfLeC NUxER�P - _ ' �.�� _ �� wnLw�ua u fleuro er `"n••� _ _ 't' � Z evawcu wnvurxc s.RYnts Rs G�> � c' —C =2'Z manEVrvl ra I..xr a /=•. 1 Z z = Sly 10010E I ��pNilCSi PARCEL 1 77,500 f s0.FT. 0.4U ACRES 'Al O N87'OZ'07"E 120.05'(19) 5.80'(M) .i. � —��--I — -• n �xxvA lox :�so f�6l�0'07'E eksc•�, PdN7 OF 9£/i/AMVh'C•) 'I REC 5/8"IRON 5/8"IRON SET 5/8°IRON ROD AND CAP REC r� ROD AND CAP D LB 2599" RO AND CAP ��ESS CORN IN 2`PVC PIPE J.S•: LB 2599` LB 2599" MTN CAP 0,2}'NN ROBERT H. LOVELACE,NIAT, CCIM STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 15 Access: N. Riverside Dr. (two-way, two-lane public roadway/asphalt paved). Six foot (6')wide concrete sidewalk/bike path along the east side of Riverside Dr. and the site's entire frontage. Topography/Tree Coverage: Sloping downward from west to east; site elevations range from equal to those of Riverside Dr. downward toward the waterline of the Intracoastal Waterway. GIS mapping indicates a maximum elevation of 4' AMSL. The area most near the road frontage is largely cleared while the balance of the site is moderately wooded,including a mangrove stand along the waterline. • Mean High Water Line/Wetland Line: The survey of the subject includes a demarcation of the mean high water line (MIIWL) (1.8' NGVD 1929) and wetlands boundary on the parcel. A copy of the survey appears in the addenda. >-?"S67°02'07'W 1ti'1.51 q, 4,7' w p r- ., L11 "WITNESS CORN uEM M4H WAR i :•-• f U Il L8 2599° ELLWO LIa FEET fxcn 1121 W k-i vs'••;� Q I�� FS 101 ON 4!126/99 a w � 0. Il w L- n s_ V-5fz�4 _ A2^ p O� °L pplpiES M D f1AG // M:: 4 i0rA7I0H AH FLAG NUMOCA NEILWPS LINE AS RAGGED 61 ei4L M cu unsu i SYKE,wc, �Fr „ IKS} ---1 Vj r+ ' g(MiLIWD App APPMD Yt FW M�TiLwsst111AFIA AM CW9 A 0917 12004 PAR CEL 7 LEE �.. X51 I-,. Vi 17,500 3 5o FT. "HOP ' "HOP R D.4Q!- ACRES "Al i• 0707€ t w 120.05'M u GLF - l� GLF 134 OF S 211 IT 4 ——— [IY ROtONGATION OF •+ ! - D' ,y IN 8F I a 0 07 15��, prr 5/R" IRON The NMWL defines the site's eastern boundary on an irregular course with a minimum distance from Riverside Dr. of 165'±. The wetlands boundary crosses the site at distances of 119.7'± (N boundary) and 120.05"± (south boundary) east of the Riverside Drive right-of-way. Land development regulations require setbacks and buffers from both the NMWL and the wetlands boundary. ROBERT H. LOVELACE,MAI, CCIM STATE-CERTIFIED GENERAL REAL,ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 16 Flood Zone: Zone AE(7),per FEMA Map Number: 12127CO685H;Effective Date: February 19, 2014. Zone AE(7)is an area determined to be within a 100-year floodplain with a base flood elevation of 7 feet AMSL. .. ter. . . ANT EET D K66.93 f� , ; - � 'AK5411 1111 E S T E R N �._. DK6 AVENUE Xx K541 D C.� 30 \ 5 ZONE AE LEGEND SPECIAL FLOOD HAZARD AREAS(SFHAS)SUBJECT TO INUNDATION BY THE 1%ANNUAL CHANCE FLOOD The 1%annual chance Flood(100-year Flood),also known as the base flood,is the flood that has a 1%chance of being equaled or exceeded in any given year The Special Flood Hazard Area is the area sutyed: to flooding by the 1% annual chance Flood. Areas of Special Flood Hazard ind Lice Zones A,AE,AH, AO, AR, A99,V,,and VE. The Base Flood Elevation is the water-surface elevation of the 1%annual chance Flood. ZONE A No Base Flood Elevatons determined. ZONE AE Base Flood Elevations determined- ZONE AH Flood depths of Ito 3 feet(usually areas of pond inn); Base Flood Elevations determined. ZONE AO Flood depths of 1 m 3 feet(usually sheet flow on sloping terrain); average depths determined.For areas of alluvial fan flooding,velockles also determined. ZONE AR SWIal Flood Hazard Areas formerly protected from the 11b annual chance flood by a flood control system that was subsequently decertified. Zane AR indicates that the Fortner flood control system is being restored to provide protection from the 1%annual chance or greater Flood. ZONE A99 Area to be protected from 1%annual chance flood by a Federal flood protection system under construction;no Base Flood Elevations determined. ZONE V Coastal flood zone with velocity hazard(wave action); no Base Flood Elevations determined- ZONE VE Coastal flood zone with velocity hazard(wave action); Base Flood Elevations determined. FLOODWAY AREAS IN 20NE AE The floodway Is the channel of a stream plus any adjacent floodplaln areas that must be kept free of encroachment so that the I%ann ual chance flood can be carried without substantial increases in flood heights. Utilities: All public utilities are available;no known service connection. ROBERT H. LOVELACE,MAI, CCIM STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 17 Zoning: "R-1, Single Family Residential", City of Edgewater. -Sub}ect Parer k4 L— 5 == .% }5. r 'SL Zoning Map �,IIG£WAT'EIZ _aL'.iqunh.ar 0 6=•Ne,�l.lwll,cwel6nw.e:: [—�RT-R,aal T.rauirirnak ISR-Iii�Ral'�p1.I1Mr.1,] R13v.;k lrq,dr tira.dcpcal C 6�-Terms.f-'a q.m,nr�,I _ R35ingkr FnuS�•firu.kur�,l ��I]lir}„fu.Lun,al R5 Suio Fau dY Rr o.Y..u,il U-MA,-v Laikuuud Ri B-Ith F..:Uh. r,.dr.m E IPUD lnd.maml Ptvnkd ilmcl7e elopnrni _F_51M dti•FAUdvlirl=.16l r R-Hrnroirf RP1117-]i-d.. 6d PLwn..d lJ.nl D-wh4..xip t"SP-Yu61i.S.-V-04 QFir R..drneA]ioks,.,l C-Cm,er,uocn ASH]WA,Hw P. L Rccan.,C—ov _M14'M and'xwrd Fumy Suh&,,i— —SM MMZAPRWi IA L'C:m�mmin•pnrl�nw.0 PLunud Unit D—ICgm.'r �V vpl L 17Jp Fer-1 Land uses permitted in R-1 districts include: • Residential—Single family and family homes • Schools(public) • Day care(adult or children) • Home occupations • Unmanned telecommunication facilities. Uses permitted in R-1 districts as"conditional uses"include: • Bed and breakfast • Places of worship • Antennas Development standards in R-1 districts include: • Min. Site size—12,000 SF • Min.lot width—100' • Min lot depth— 120' • Front yard setback—40' • Rear yard setback—30' • Side yard setback— 10' • Max.building height—26' • Min.floor area—1,300 SF ROBERT H. LOVELACE,MAI, CCIM STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER#RZ 402 File#01-2015-Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 18 • Min. setback from mean high water line—50' • Min. setback from wetlands vegetation -25' The setback requirements above have a significant impact on the subject parcel's development potential. There is precedent indicating the City of Edgewater does approve some requests for variances from the setback requirements. See Highest and Best Use narrative for more discussion. Future Land Use Designation: "Low Density Residential", City of Edgewater � 5 r sect Par I 4 tit ti'+�s Sr� � 5y 5455 }- rTSGEN'.T7'�'.R L City of Edgewater E Future Land Use Map City Limits C Agriculture Recreation C Conservation Public)Seml-Publlc High Density Residential U Medium Density Residential C Low Density Residential Low Density Transition Mixed Use Industrial 0 Commercial C Sustainable Community Development Conservation Overlay low 0 Wo Faar The subject's current R-1 zoning is compatible with the parcel's future land use designation and the City's Comprehensive Plan. ROBERT H. LOVELACE,MAI, CCIM STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 19 Present Use: Vacant. Improvements: Four(4)foot high chain link fence along the site's Riverside Dr. frontage. A six (6) foot high chain link fence stands along a portion of the site's southern boundary;that fence appears to be on public(park)property. Easements/ Encroachments: No known casements. This appraisal was prepared without the benefit of any title information. Public records indicate a Trustees of the Internal Improvement Fund (TIFF) reservation (Deed No. 21471 ORB 7, PG 493, PRVC) may impact a portion of the site cast of the mean high water line. Potential Nuisances/Hazards: No known contaminations impact the site. Many perspective buyers likely will perceive the potential of reduced privacy and nuisances emanating from the adjoining public park and boat ramp facility. There is an activity station (a stop on a marked exercise course) located at the site's southwestern corner(Riverside Dr.frontage). Images: Images of the property are provided on following pages. Property Assessment & Taxation Assessment and Taxes: Tax Parcel ID#: 7452-01-00-005A Alt Key#3893913 (Volusia County) Tax Year: 2014 Total Just Value: $266,240 Total Assessed Value: $266,240 Milla a Rate: 24.77590 mills Real Estate $6,596.34(Gross) Taxes: Past Due Taxes: None. 2014 taxes paid 12/29/2014 in the discounted amount of $6,398.45 Comments on Taxes: Current 2015"Working Tax Roll"value of$266,240 and subject to change. ROBERT H. LOVELACE,NIAT, CCIM STATE-CERTIFIED GENERAL REAL,ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 20 Images of Subject Site IR- _ • _ Facing NE,across Riverside Dr. and at the subject's Facing SE,across Riverside Dr. and at the subject's road frontage. road frontage. Facing S along Riverside Dr. and the subject's road Facing N along Riverside Dr. and the subject's road frontage(to the left). frontage(to the right). View E across Riverside Dr. and along the subject View E along the subject site's southern boundary; site's southern boundary. exercise station marked by blue/green sign. ROBERT H. LOVELACE,NIAI, CCIM STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 21 al View NE across the subject site's upland area. View SE across the subject site's upland area. f View of typical conditions existing near the site's View of typical conditions existing near the site's wetland boundary. wetland boundary. View W,toward Riverside Dr.,and near the subject View N across the George Kennedy Park retention site's northern boundary. pond with the subject site in the background. ROBERT H. LOVELACE,MAI, CCIM STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 22 View N from Kennedy Park with the subject's View NW from Kennedy Park's boat ramps with the mangrove area in the distance. subject's mangrove area in the background. View NW across the Kennedy Park boat ramps with View N from Kennedy Park along the subject's and the subject's mangrove area in the background. other properties' river frontage. View NE from Kennedy Park with the ICW in the View W through the Kennedy Park parking lot. background. ROBERT H. LOVELACE,MAI, CCIM STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 23 6"1 View N across Park Ave. and the municipal complex City Hall located just SW of the subject site. entry with the subject in the background. pr 3 � View of that portion of the municipal complex View SW of the Edgewater municipal complex from located across Riverside Dr.from the subject. the subject site's Riverside Dr.frontage. ROBERT H. LOVELACE,MAI, CCIM STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 24 Highest and Best Use A highest and best use analysis identifies that use of the subject real estate that maximizes the returns to the owner. The highest and best use analysis is a central part of the appraisal process. Determination of the subject's highest and best use serves to also identify the most relevant comparable properties on which to develop the valuation. There are four criteria in a highest and best use study: (1) physical possibility (physical constraints); (2) legal permissibility (typically governmental/zoning requirements and private deed restrictions); (3) financial feasibility, and(4)maximum productivity. The subject is a riverfront parcel with legal access from a public roadway and utilities are available to its boundary. It has a legally described size of 0.40± acres, as described and landward of the determined mean high water line (MFIWL). The easternmost portions of the site are largely within the tidal range of the river and are wetlands vegetated largely by mangrove stands. Alteration of the on-site wetlands is strongly discouraged by zoning and other conservation regulations. The site is entirely within a coastal flood hazard area. The site's upland area, excluding tidal and wetland area, has 100.4'±of frontage on Riverside Drive and a depth of 120'±with an area of 12,000± square feet. The site is bound on the south by a heavily used public park/boat ramp facility and across the street from a municipal complex. The physically possible uses of the site are varied and all would be limited by the site's relatively small upland area and its environmental influences. The site's current"R-I" zoning permits single family residential use (1.0 to 4.0 units/net acre) with a minimum lot size requirement of 12,000 square feet and a 100-foot minimum lot width requirement. The site meets these minimum requirements. The site's current zoning is consistent with the intent of the City of Edgewater's Land Use Plan. Mr. Darren Lear, Development Services Director, City of Edgewater reports a rezoning of the subject site to permit non-residential uses is not a reasonable expectation as it is inconsistent with the City's current Comprehensive Plan. The R-1 zoning standards require setbacks and buffer areas measured from property boundaries,wetland boundaries and the MfIWL. The setback/buffer minimums are all cited in the preceding Zoning summary. The overlay of the required setbacks and buffers on the site's upland area reduce the potential building area (structure and site improvements) to a rectangular portion at the center of the subject `s upland area roughly measuring 80'± (cast/west) by 75'± (north south) and containing 6,000± square feet. That area is adequate to accommodate a single family residence consistent with existing riverfront homes in the neighborhood with limited area available for accessory improvements(patios,decks,pools and other yard improvements). Mr. Lear confirms that the City of Edgewater has frequently granted other riverfront parcel owners variances for setback and buffer requirements. The precedent does indicate some relief on the current setback and buffer standards may be available for the subject parcel. Flood plain development standards and the City's finished floor height requirements mandate a residence's living area on the subject site be a minimum of 1' above the determined flood elevation (7' AMSL). This requirement typically results in substantial filling of similar sites, the use of stem wall foundations, or other means of raising a finished floor's elevation. Elevating the finished floor of a residence on the subject parcel to 8' AMSL is a direct value influence. ROBERT H. LOVELACE,NIAI, CCIM STATE-CERTIFIED GENERAL REAL,ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 25 The subject ownership interests include riparian rights. The right to apply for construction of a dock and boathouse at the water frontage is a key influence on the values of waterfront parcels versus those with no river frontage. The site's water frontage is typical of properties in the neighborhood. Based on the precedent evidenced by the numerous docks currently existing and recently constructed along the Riverside Drive water frontage, it is reasonable to expect that the owner of the subject parcel could secure approval to construct a dock and boathouse at the water frontage,. The physically possible, legally permissible use of the site is for construction of a single family home. The test of economic feasibility is less easily determined for residential homes. Different owners building new homes can have widely varying thresholds for"economic feasibility". Recent single family residential construction in the subject's neighborhood and on similar riverfront parcels generally evidences the feasibility of new construction, including the required lot improvements(clearing,filling or otherwise raising finished floor heights to the required minimums). The maximally productive use of the site is that residence that maximizes the utilization of the upland area of the parcel, maximizing river views by including 2-3 floor elevations, and construction of a dock and/or boathouse for water access. The subject site has a below average standing in its competitive market (relative to other available riverfront parcels). The subject parcel has a confined buildable area and is influenced by its proximity to public-use facilities. ROBERT H. LOVELACE,NIAI, CCIM STATE-CERTIFIED GENERAL REAL,ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 26 Valuation Introduction There are generally available three valuation methods for real estate - the cost approach, the sales comparison approach, and the income capitalization approach The valuation of vacant land typically involves the development of the sales comparison approach only. Neither the cost approach nor the income capitalization approach is applicable in the subject's valuation and not necessary for the development of a credible appraisal. The sales comparison valuation approach is relevant and necessary to produce credible appraisal results in this assignment. The sales comparison approach was fully developed and summarized in this report. Sales Comparison Approach Introduction For this appraisal assignment I searched the subject's immediate neighborhood for relevant sales and listings (open market offers for sale) of riverfront and river view lots occurring after 2010. The initial search did not identify an adequate set of transactions with which to develop a credible appraisal. The sales search was widened considering riverfront property sales that involved older single family residences that were demolished or substantially renovated. Those sales, with the deduction of the estimated contributory value of the improvements, allowed a reasoned indication of the underlying land prices in the transactions. The comparable sales and the listings given primary consideration in the appraisal are summarized in the following pages. Elements of Comparison The comparable properties have been compared to the subject using the following elements of comparison: •Property Rights Sold •Market Conditions •Financing •Location • Conditions of Sale •Physical Characteristics Units of Comparison&Adiustments The units of comparison utilized in the valuation are dollars per square foot of estimated upland site area($/SF) and dollars per front foot of water frontage ($/FF). The sale and listing properties were compared to the subject utilizing the elements of comparison cited above. The adjustments applied to the comparable property prices are intended to reflect the market's reaction to particular differences between the comparable property and the subject and for each element of comparison. The market data grids on the following pages summarize the sales and listings, the various elements of comparison considered and the adjustments applied. Summaries of the individual sales and listings follow the market data grids. ROBERT H. LOVELACE,NIAl, CCIM STATE-CERTIFIED GENERAL REAL,ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 27 Comparable Property Location Map r C'. NS S o c �H P J N - t 5 �� Eti3¢D 6KYti So Sale A 3 xh T rn � �y 4 ❑ ', Sale �� rqA' Ry_'S"_IR ❑ U �pOp P JI 9# _ a P pVp,7p.i,N rJ 1f y m� LT71ti PY Yzm iti PP � OR Edgewatef O I-Hurl �O nC Listing sales , � W Sala? eY Ranch Airpark i SNpN a� y r � LY i.. ❑ -III 4Y'�'O� .rp0� ru� - ❑ LAS PALMAS RR4 PAP_W OD LN` F� REGENT S= °� �'� 80ND 5T p VIRGINIA ST �.o A _ I J 5THi ST T6JH S p �• it Data use subject to license. ©DeLorme_DeLorme Street Atlas USAO2615_ 0 800 1600 2400 3200 4008 www.delorme.com MN(6.5°W) Data Zoom 13-0 ROBERT H. LOVELACE,NIAI, CCIM STATE-CERTIFIED GENERAL READ ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 28 Market Data Grid (Sales 1 — 4) Sales 1 - 4/Market Data Grid Subject Land Sale 1 Land Sale 2 j End Sale 4 Tax Parcel No(s): 7452-01-00-005A 7450-06-00-0143 7433-01-00-011A 8402-28-02-0056 7449-01-04-0051 Grantor Heeb Donald Funk John]Schach Dustin Hope,Trustee Mark Wallschlaeger Grantee Pluscec Li Hua&Liu Wing Yi C E Luther&S A Bazen R&L Chew,Co-Trustees Benjamin Adams,et ux O.R.Book/Page 5607/1300 6930/3468 6924/2884 6857/1982 6806/1693 Address S Riverside Dr,Edgewater 513 N Riverside Dr,Edgewater 931 S Riverside Dr,Edgewater 208 Virginia St,Edgewater S Riverside,N of 9th St,NSB Sale Date 7/22/2005 11/18/2013 10/23/2013 5/8/2013 1/10/2013 Sale Price $650,000 $150,000 $360,000 $412,000 $465,000 Sale Price/Net Upland SF $54.17 $17.44 $25.71 $47.91 $24.87 Sale Price/Water Front Ft $6,474 $2,027 $3,600 $3,323 $4,895 Property Rights Fee Simple+Riparian Rights Fee Simple+Riparian Rights Fee Simple+Riparian Rights Fee Simple+Riparian Rights Fee Simple+Riparian Rights %Adjustment 0% 0% 0% 0% Financing Cash to the Seller Cash to the Seller Cash to the Seller Cash to the Seller Cash to the Seller %Adjustment 0% 0% 0% 0% Conditions of Sale Normal Buyer of adjoining SFR Normal Normal Normal %Adjustment 0% 0% 0% 1 0% Market Conditions 1/10/2015 11/18/2013 10/23/2013 5/8/2013 1/10/2013 Months Elapsed --> 13.93 14.80 20.40 24.33 %Adjustment 0.25% 3% 4% 5% 6% Adjusted Price Per SF $26.74 $50.30 Adjected Price Per FF $3,744 $3,489 Improvements Chain Link Fencing None 23 yo SFR/Poor condition 45 yo SFR/Fair Condition Dock&Boathouse $Adjustment/SF $0.00 -$3.00 -$9.35 -$1.84 $Adjustment/FF $0.00 -$420.00 -$649.00 -$363.00 Adjusted Price SF Uplands $17.97 $23.74 $40.95 $24.52 Adjusted Price Per FF $2,088 $3,324 $2,840 $4,825 Location Riverside Dr,Just N of Municipal 513 N Riverside Dr,Edgewater 931 S Riverside Dr,Edgewater 208 Virginia St,Edgewater S Riverside,N of 9th St,NSB Complex Comparison Superior Superior Superior Superior Adjustment -10% -10% -15% -10% Site Size(Gross SF) 17,500 21,700 14,000 13,325 37,525 Site Size(Net Upland SF) 12,000 8,600 14,000 8,600 18,700 Lot Width/Water Front Ft 100 74 100 124 95 Comparison Similar Similar Similar Similar %Adjustment 0% 0% 0% 0% Shape/Utility/Lot Width Nearly rect upland area/100' Nearly rect.upland area/74'Width Nearly rect.upland area/99'Width Nearly rect.upland area/100'Width Nearly rect.upland area/200'Deep Up Comparison Inferior Similar Similar Superior %Adjustment 10% 0% 0% -20% Zoning/FLU R-1/Low Density R-1/Low Density R-1/Low Density R-1/Low Density R-1/Low Density Comparison Similar Similar Similar Similar %Adjustment 0% 0% 0% 0% Topo/Fill/Tree Coverage Sloping to E/Fill R'qd/Light Tree Cvg Sloping E/Fill R'gd/Tree Coverage Level/Filled to building FF/Cleared Level/Filled to building FF/Cleared Sloping E/Fill R'gd/Tree Coverage Comparison Inferior Superior Superior Similar %Adjustment 10% -20% -20% 0% Access Riverside Dr. Riverside Dr. Riverside Dr. Virginia St.(Unpaved) Riverside Dr. Comparison Similar Similar Inferior S imila r %Adjustment 0% 0% 5% 0% Utilities Full Full Full Full Full Comparison Similar Similar Similar S imila r %Adjustment 0% 0% 0% 0% Final Adjusted Unit Price($/Net Upland SF) $19.76 $45.05 $26.97 Final Adjusted Unit Price($/FF) $1,988 $3,378 Reconciled Unit Values See Next Market Data Grid ROBERT H. LOVELACE,NIAI, CCIM STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 29 Market Data Grid (Sales 5- 8) Sales 5 - 8/Market Data Grid Subject Land Sale 5 Land Sale 6 Land Sale 7 Land Sale 8 Tax Parcel No(s): 7452-01-00-005A 7452-14-00-0690 7444-03-02-0130 7433-01-00-011A 7433-01-00-022B Grantor Heeb Greg Benedetto,et ux Riverside Property,LLC Roderick H Dinnen Roderick H Dinnen Grantee Pluscec John S. Craig,et ux Roger Phelps,et al Michael W McKenna Robert E Kayat,et ux O.R.Book/Page 5607/1300 6713/4025 6683/106 6670/4767 6670/4761 Address S Riverside Dr,Edgewater 202 S Riverside Dr,Edgewater 1214 S Riverside Dr,NSB 1509 S Riverside Dr,Edgewater 1505 S Riverside Dr,Edgewater Sale Date 7/22/2005 5/14/2012 2/17/2012 1/13/2012 1/12/2013 Sale Price $650,000 $130,000 $251,000 $148,500 $159,500 Sale Price/Net Upland SF $54.17 $11.93 $22.31 $4.80 $5.09 Sale Price/Water Front Ft $6,474 $2,600 $3,347 $1,142 $1,208 Property Rights Fee Simple+Riparian Rights Fee Simple+Riparian Rights Fee Simple+Riparian Rights Fee Simple+Riparian Rights Fee Simple+Riparian Rights Adjustment 0% 0% 0% 0 Financing Cash to the Seller Seller-Held PMM/Int Only w Balloon Cash to the Seller Cash to the Seller Cash to the Seller Adjustment 0% 0% 0% 0 Conditions of Sale Normal NormaI NormaI Seller Duress Seller Duress Adjustment 0% 0% 50% 50% Market Conditions 1/10/2015 5/10/2012 2/17/2012 1/13/2012 1/12/2012 Months Elapsed --> 32.50 35.27 36.43 36.47 Adjustment 0.25% 8% 9°/a 9% 9% Adjusted Price Per SF $12.88 $24.32 $7.85 $8.31 Adjected Price Per FF $2,808 $3,648 $1,868 $1,976 Improvements Chain Link Fencing None Dock,Boathouse,Seawall None None $Adjustment/SF $0.00 -$1.78 $0.00 $0.00 $Adjustment/FF $0.00 -$267.00 $0.00 $0.00 Adjusted Price SF Uplands $12.88 $22.54 $7.85 $8.31 Adjusted Price Per FF $2,808 $3,381 $1,868 $1,976 Location Riverside Dr,Just N of Municipal 202 S Riverside Dr,Edgewater 1214 S Riverside Dr,NSB 1509 S Riverside Dr,Edgewater 1505 S Riverside Dr,Edgewater Complex Comparison Superior Superior Superior Superior %Adjustment -10% -10% -10% -10% Site Size(Gross SF) 17,500 12,900 11,250 30,928 31,363 Site Size(Net Upland SF) 12,000 10,900 11,250 30,928 31,363 Lot Width/Water Front Ft 100 50 75 130 132 Comparison Similar Similar Superior Superior Adjustment 0% 0% -5% -5% Shape/Utility/Lot Width Nearly rect upland area/100' Rect/W Side of Riverside/50' Rect/W Side of Riverside/75' Nearly rect.upland area/130'Width Nearly rect.upland area/132'Width Comparison Inferior Inferior Superior Superior Adjustment 30/ 30/ -5/ -5/ Zoning/FLU R-1/Low Density R-1/Low Density R-1/Low Density R-1/Low Density R-1/Low Density Comparison Similar Similar Simila r Similar Adjustment 0% 0% 0% 0 Topo/Fill/Tree Coverage Sloping to E/Fill R'qd/Light Tree Cvg Sloping/No signif.fill requirement/Light Level/Filled to building FF/Cleared Sloping/Fill R'gd/Treed Sloping/Fill R'qd/Treed Comparison Superior Superior Simila r Similar Adjustment -10/ -10/ 0% 0 Access Riverside Dr. Riverside Dr. Riverside Dr. Riverside Dr. Riverside Dr. Comparison Similar Similar Simila r Similar Adjustment 0% 0% 0% 0 Utilities Full Full Full Full Full Comparison Similar Similar Simila r Similar Adjustment 0% 0% 0% 0 Final Adjusted Unit Price($/Net Upland SF) $14.17 9 1 $8.64 $9.15 Final Adjusted Unit Price($/FF) $3,089 1 $1,494 $1,581 Reconciled Unit Values See Next Market Data Grid I AL �m .1 ROBERT H. LOVELACE,NIAI, CCIM STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER#RZ 402 File#01-2015-Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 30 Market Data Grid (Listings 9— 10) Listing 9/Market Data Grid Subject Land Listing 9 Land Listing 10 Tax Parcel No(s): 7452-01-00-005A 7433-13-10-0052 7452-01-00-005A Grantor Heeb Katsur Equity Partners,LLC Pluscec Grantee Pluscec Current Listing Current Listing O.R.Book/Page 5607/1300 Current Listing Current Listing Address S Riverside Dr,Edgewater S Riverside Dr.,Edgewater S Riverside Dr.,Edgewater Sale Date 7/22/2005 1/10/2015 1/10/2015 Sale Price $650,000 $375,000 $329,900 Sale Price/Net Upland SF $54.17 $28.14 $27.49 Sale Price/Water Front Ft $6,474 $3,409 $3,299 Property Rights Fee Simple+Riparian Rights Fee Simple+Riparian Rights Fee Simple+Riparian Rights Adjustment 0% 0% Financing Cash to the Seller Cash to the Seller Cash to the Seller Adjustment 0% 0% Conditions of Sale Normal Asking Price Asking Price Adjustment -10% -10% Market Conditions 1/10/2015 1/10/2015 1/10/2015 Months Elapsed --> 0.00 0.00 %Adjustment 0.25% 0% 0% Adjusted Price Per SF $2 $24.74 Adjected Price Per FF $3, $2,969 Improvements Chain Link Fencing Seawall None $Adjustment/SF -$0.75 $0.00 $Adjustment/FF -$90.00 $0.00 Adjusted Price SF Uplands $24.58 $24.74 Adjusted Price Per FF $2,978 $2,969 Location Riverside Dr,Just N of Municipal S Riverside Dr.,Edgewater S Riverside Dr.,Edgewater Complex Comparison Superior Subject Adjustment -10% 0% Site Size(Gross SF) 17,500 41,700 17,500 Site Size(Net Upland SF) 12,000 13,325 12,000 Lot Width/Water Front Ft 100 110 100 Comparison Similar Subject Adjustment 0% 0% Shape/Utility/Lot Width Nearly rect upland area/100' Irreg upland/100'+/_ Nearly rect upland area/100' Comparison Similar Subject Adjustment 0% 0% Zoning/FLU R-1/Low Density R-1/Low Density R-1/Low Density Comparison Similar Subject Adjustment 0% 0% Topo/Fill/Tree Coverage Sloping to E/Fill R'qd/Light Tree Cvg Cleared/Partially filled Sloping to E/Fill R'qd/Light Tree Cvg Comparison Superior Subject Adjustment -5°/a 0% Access Riverside Dr. Riverside Dr. Riverside Dr. Comparison Similar Similar Adjustment 0% 0% Utilities Full Full Full Comparison Similar Similar Adjustment 0% 0% Final Adjusted Unit Price($/Net Upland SF) $24.58 $24.74 Final Adjusted Unit Price($/FF) $2,531 $2,969 Reconciled Unit Value $3,000/FF ROBERT H. LOVELACE,NIAI, CCIM STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 31 Comparable Sale and Listing Summaries Comoarable Sale 1 m Ft _ 14 Property Address: N Riverside Dr,Edgewater,FL 32132 (immediately north of 513 N Riverside Dr.) Sale Date: November 18,2013 ORB/PG: 6930/3468 Sale Price: $150,000 Unit Prices: $17.44/SF Upland Area and$2,027/LF Water Frontage Property Description: 21,700±gross square feet(by description.) 8,600±net upland area(est.) Vacant parcel;moderately treed. 74'±wide by 395'±deep(gross site) 74'±wide by 117'±(avg.)deep(net upland area est.). Sloping away from Riverside Dr.toward river. Access from Riverside Drive. Typical utilities availability. Zoned"R-1, Single Family Residential"by City of Edgewater. "Low Density Residential"land use designation. Sale Comments: The buyer simultaneously purchased a single familiar residence located on the lot adjoining the sale parcel to the south(513 N Riverside Dr.)for$1,510,000. The site is significantly impacted by wetlands and the mean high water line (MFIWL). ROBERT H. LOVELACE,NIA1, CCIM STATE-CERTIFIED GENERAL REAL,ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 32 Comparable Sale 2 I P 3GO= F" t I Property Address: 931 South Riverside Drive,Edgewater,FL 32132 Sale Date: October 23,2013 ORB/PG: 6924/2884 Sale Price: $360,000 Unit Price: $25.71/SF Upland Area and$3,600/LF Water Frontage Property Description: 14,000±square feet in size(gross and upland area). Nearly Rectangular upland area/99'±width. Nearly level topography,equal to road grade. Cleared. Access by Riverside Drive. Typical utilities availability. Riparian rights. Zoned"R-1, Single Family Residential"by City of Edgewater. "Low Density Residential"land use designation. Sale Comments: The site,at the time of sale,was improved with a 23 year old single-family,wood frame residence in poor condition(as reported by the selling broker). The lot additionally had,at the time of sale,unusable remnants of an old dock. The selling broker reports the buyers invested approximately$200,000 to renovate the home. The broker also reports the placement of the home did not meet current setback requirements and the existence of the home precluded the necessity of securing any variances for the renovation project. Estimated contributory value of the residence,based on estimated replacement cost less depreciation,is$42,000±. ROBERT H. LOVELACE,NIA1, CCIM STATE-CERTIFIED GENERAL REAL,ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 33 Comparable Sale 3 i 41 r r• - _ "3 yj9 k# Property Address: 208 Virginia Street,Edgewater,FL 32132 Sale Date: May 8,2013 ORB/PG: 6857/1982 Unit Price: $47.91/SF Upland Area and$3,323/LF Water Frontage Property Description: 13,325±gross SF; 8,600±net upland SF; 124±feet waterfront width Nearly rectangular shape upland area, 100±feet of road frontage. Nearly level topography, slightly above road grade Typical utilities availability. Virginia Street(unpaved). Riparian rights included. Zoned"R-1, Single Family Residential"by City of Edgewater. "Low Density Residential"land use designation. Sale The site,at the time of sale,was improved with a 45-year old, 1,525±SF(heated Comments: area) single-family residence(concrete block 3/2)in fair condition. The property's water frontage was also improved with a 24-year old dock and boathouse. The seller described the home condition as fair and reports the dock/boathouse improvements were in poor condition. The boat lift was not operable. The seller confirms that cosmetic renovations were made to the home prior to the sale(paint,new appliances,tile flooring, and toilet replacements). The seller estimated the contributory value of the existing improvements at $100/SF heated area($152,500), $35/SF garage area($18,480)and$3,000 for the dock/boathouse system. Total estimated contributory value(per seller) $173,980. Appraiser estimate of contributory value(RCN less depreciation)of$80,416. ROBERT H. LOVELACE,NIA1, CCIM STATE-CERTIFIED GENERAL REAL,ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 34 Comparable Sale 4 W y v. j. Property Address: S.Riverside Drive,North of 9th Street,New Smyrna Beach,FL 32168 Sale Date: January 10,2013 ORB/PG: 6806/1693 Sale Price: $465,000 Unit Price: $26.36/SF Upland Area and$5,188/LF Water Frontage Property Description: 37,525±gross SF; 18,700±net upland SF(200'±deep) 95±foot lot width/waterfront. Nearly rectangular shape. Sloping topography,E/Fill Required/Tree Coverage Typical utilities availability. Dock and Boathouse. Riparian rights. The southeastern and easternmost portions of the site are impacted by wetlands. Zoned"R-1, Single Family"by City of New Smyrna Beach. "Low Density Residential"land use designation. Sale Comments: Seller held a purchase money mortgage for$415,000 with a balloon payment due 2.11.2016. The existing dock and boathouse was constructed in 2005 at a reported cost of $34,500($18.35/SF dock/boathouse area). ROBERT H. LOVELACE,NIAT, CCIM STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 35 Comparable Sale 5 uw000 I Property Address: 202 S.Riverside Drive,Edgewater,FL 32132 Sale Date: May 10, 2012 ORB/PG: 6713/4025 Sale Price: $130,000 Unit Price: $11.93/SF Upland Area and$2,600/LF Water Frontage Property Description: 12,900±gross square feet in size; 10,900±net upland SF. Rectangular upland area; 50 foot lot width Upland area separated from the water frontage by Riverside Dr. Sloping to E/No significant fill requirement, light tree coverage. Access from Riverside Drive and Pine Bluff St.;just south of Park Avenue. Typical utilities availability. Riparian rights. Zoned"R-1, Single Family Residential'by City of Edgewater. "Low Density Residential"land use designation. Sale Comments: Single-family residence,dock with boat lift constructed after sale. Seller held a purchase money mortgage for$105,000,6%interest,monthly interest only payments of$525;five year balloon of$105,000 with$5,000 prepayment penalty. ROBERT H. LOVELACE,NIA1, CCIM STATE-CERTIFIED GENERAL REAL,ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 36 Comparable Sale 6 r Property Address: 1214 S.Riverside Drive,Edgewater,FL 32132 Sale Date: February 17,2012 ORB/PG: 6683/106 Sale Price: $251,000 Unit Price: $23.31/SF Upland Area and$3,347/LF Water Frontage Property Description: 11,250±gross square feet in size; 11,250±net upland SF. Rectangular shape;75'± lot(upland)width(75'x 150'). Slightly sloping topography/filled/cleared. Access Riverside Drive(west side). Typical utilities availability. Riparian rights. Dock/Boathouse/Seawall(built 2009). The buildable upland area is separated from the water frontage by Riverside Dr. Zoned"R-1, Single Family"by City of New Smyrna Beach. "Low Density Residential"land use designation. Sale Comments: Conventional,third-parry financing;cash to seller. Construction of a two-story residence is underway on the lot. ROBERT H. LOVELACE,NIAT, CCIM STATE-CERTIFIED GENERAL REAL,ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 37 Comparable Sale 7 P n r. Property Address: 1509 S.Riverside Drive,Edgewater,FL 32132 Sale Date: January 13,2012 ORB/PG: 6670/4767 Sale Price: $148,500 Unit Price: $4.80±/SF Upland Area and$1,142±/LF Water Frontage Property 30,928±gross square feet(0.71±ac); 30,928±net upland SF. Description: Nearly rectangular shape; 130±foot lot width Sloping topography/fill was required/treed at the time of sale. Riverside Drive access. Riparian rights. Zoned"R-1, Single Family Residential'by City of Edgewater. "Low Density Residential"land use designation. Sale Comments: The Seller was disposing of this and adjoining parcels under duress. The property sold at auction at a steeply discounted price. The Buyer reports he encountered muck on the site after clearing. The costs of removing the unsuitable soils and fill totaled$25,000. The Buyer has constructed a single-family residence on the site. ROBERT H. LOVELACE,NIAT, CCIM STATE-CERTIFIED GENERAL REAL,ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 38 Comparable Sale 8 M �y 4 � y t e Property Address: 1505 S.Riverside Drive,Edgewater,FL 32132 Sale Date: January 13,2012 ORB/PG: 6670/4761 Sale Price: $159,500 Unit Price: $5.09±/SF Upland Area and$1,208±/LF Water Frontage Property 31,363±gross square feet;31,363±net upland SF. Description: Nearly rectangular shape; 132±foot lot width Sloping topography/fill required/Treed. Riverside Drive access. Riparian rights. Zoned"R-1, Single Family Residential'by City of Edgewater. "Low Density Residential"land use designation. Sale Comments: The Seller was disposing of this and adjoining parcels under duress. The property sold at auction at a steeply discounted price. The site was reportedly appraised in 2014 for$395,000. ROBERT H. LOVELACE,NIAT, CCIM STATE-CERTIFIED GENERAL REAL,ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 39 Comparable Listing 9 i A 4 �J Property Address: S.Riverside Drive,Edgewater,FL 32132 (at the Thomas St.intersection) Date: Listing status as of Jan. 10,2015 ORB/PG: NA Price: $375,000(asking price) Unit Price: $28.14±/SF Upland Area and$3,409±/LF Water Frontage Property 31,363±gross square feet;31,363±net upland SF. Description: Nearly rectangular shape; 132±foot lot width Sloping topography/fill required/Treed. Riverside Drive access. Piers existing to the north of the site obstruct the most direct pathway to open water. The site will require an eastward extension of a dock to gain access to open water. Riparian rights. Zoned"R-1, Single Family Residential"by City of Edgewater. "Low Density Residential"land use designation. Sale Comments: The upland area's northeastern boundary is improved with an old seawall with an estimated contributory value of$10,000. ROBERT H. LOVELACE,NIA1, CCIM STATE-CERTIFIED GENERAL REAL,ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 40 Summary of Comparisons and Adjustments The sale and listing properties are compared to the subject using a variety of elements of comparison. Adjustments are applied to the comparable properties' unit prices for any significant differences with the subject. The preceding market data grids list the comparisons made and the adjustments applied. The properties are compared using two units of comparison,dollars per square foot of net upland area($/SF)and dollars per foot of water frontage($/FF). The elements of comparison considered and price adjustments applied in the appraisal's development are summarized below. Propertv Rights Conveved This appraisal concerns the fee simple interests together with riparian rights. The comparable sales and offerings all involve the conveyances of fee simple estates with riparian rights. No adjustments for property rights conveyed are necessary in this analysis. Financing Most of the comparable sales involved "cash to seller" transactions, including sales financed using conventional third-party financing. No adjustments for this element of comparison are required for the cash to seller transactions. Sale 5 involved seller financing with a relatively short duration, an interest rate generally consistent with third-parry financing rates, and requiring interest only payments with a 5ffi year balloon. No adjustment was applied for the financing involved in the sale. Conditions of Sales Sale 1 involved the purchase of a parcel by an adjoining owner. The buyer simultaneously purchased an adjoining single family residence and purchased the vacant lot in a separate transaction from the same seller. Attempts to contact the principals to the transaction were not successful. I have not applied an adjustment for this element of comparison. Sales 7 and 8 occurred as the result of a single auction event with a seller acting under duress. Confirmation of Sale 7 with the buyer confirms the seller was widely known to be acting under duress and his purchase price was below the lot's full market value. The amount of the discount is difficult to quantify,but I have made a positive adjustment to the sales for this element of comparison. The conditions surrounding these two sales lessen the reliability of their unit value indications. The balance of the property sales were transacted under typical sale conditions. No adjustments are required for this element of comparison. Listing 9 involves a current listing (offering of the property on the open market for sale). Negotiations between buyers and sellers typically result in a sale price that is a discount of the initial asking price. A negative adjustment is applied to Listing 9 as the reported price is not the result of a consummated sale. Listing 10 is the current listing of the subject property and a negative adjustment is applied to the current asking price. Market Conditions/Economic Trends The comparable property sales occurred between January of 2012 and November of 2013. These most recent riverfront lot sales from the subject's immediate neighborhood provide a direct indication of current property prices in the local market. Market conditions have improved since the beginning of 2012. Positive market condition adjustments are applied to each of the comparable sales to reflect market trends through to the valuation date. Improvements The lack of an adequate set of vacant lot sales and listings required that sales of improved riverfront properties also be considered. Two(2)of the sales involve properties including older single family residences. Two (2)of the sales involved riverfront sites that had docks or other site improvements present at the times of sale. Negative adjustments are applied to these sales to reflect the contributory value of the improvements. The contributory value estimates are based on depreciated cost estimates,assessed values or costs reported by a principal to a transaction. ROBERT H. LOVELACE,MAI, CCIM STATE-CERTIFIED GENERAL REAL,ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 41 Location The sale and listing properties are all located on the Riverside Drive corridor in Edgewater or southern(adjoining) New Smyrna Beach. The general locations of the properties are all similar to the subject parcel's general location. No adjustment for is applied for this consideration. The subject property is influenced by its close proximity to public-use facilities. The specific location will likely be perceived by many prospective buyers as a negative and based on perceptions of reduced privacy,boat traffic, noise and other possible influences from the adjoining public-use properties. Each of the sale and listing properties has a specific location that is not impacted by the same external influences. Their locations are superior to the subject's in this regard. A negative adjustment is applied to each of sale/listing properties for this element of comparison. Site Size The subject site contains a gross area of 17,500± square feet and a net upland area of 12,000± square feet. The appraisal focuses on the net upland areas of the subject and sale/listings properties as opposed to gross site area. The focus on net upland areas is due to the unit price influence caused by widely varying portions of wetlands and site area below the mean high water line(submerged lands). The comparable properties range in net upland area from 8,600± to 31,363± square feet. When a more reliable information source was not available,it was necessary to rely upon Volusia County GIS mapping to estimate the net upland areas of the sale/listing properties. The lack of specific information confirming some of the net upland area estimates reduces the reliability of the$/SF unit price indications. The properties involved in Sales 7 and 8 have larger net upland areas than does the subject. The larger upland areas provide a larger buildable area capable of accommodating a larger, more expensive home with ample area for site improvements than possible on the subject. The sizes of the parcels in Sales 7 and 8 are superior as compared to the subject and a negative adjustment is applied for this element of comparison. The balance of the sale/listing properties has sizes that are similar to the subject. No additional adjustments are applied for this element of comparison. Shape/Utility The subject site's upland area has a nearly rectangular shape with a typical ratio of road frontage (width) and depth. The site's functional utility is impacted by yard setbacks, MHWL setback minimums, and wetland buffer requirements. The shapes and utility of the majority of the sale/listing sites are similar to the subject's and no adjustments are applied for this element of comparison. The site involved in Sale 1 has a narrow 74' width with limited uplands. The utility of the site is inferior to the subject's and a positive adjustment is applied for this element of comparison. The site involved in Sale 4 is significantly deeper than the subject. The site's functional utility is superior to the subject's and a negative adjustment is applied for this element of comparison. The upland, buildable areas of the sites involved in Sales 5 and 6 are separated from the water frontage by the Riverside Drive right-of-way. This situation is common along Riverside Dr. with owners must cross Riverside Dr. to reach their water frontage, docks and boathouses. This condition is inferior to the subject's location entirely east of Riverside Dr. The configurations of the sites involved in Sales 5 and 6 are inferior to the subject's configuration. Positive adjustments are applied for this element of comparison. The sites involved in Sales 7 and 8 are each 130' — 132'±wide with good depths to the MHWL. The utility of these sites is superior to the subject's and negative adjustments are applied for this element of comparison. ROBERT H. LOVELACE,NIAl, CCIM STATE-CERTIFIED GENERAL REAL,ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 42 Zoning/Future Land Use The subject property is zoned for single family residential use and is designated a low density residential parcel in the City's Future Land Use Element of its Comprehensive Plan. A rezoning of the subject property to permit non- residential use is not a reasonable expectation. The market data set considered this analysis includes sales and listings of parcels that have the same or highly similar zoning as compared to the subject. No adjustments for this element of comparison are necessary. Touograuhv/Tree Coverage The subject site has a sloping topography,it elevations are generally below 4' AMSL and below road grade, and the site is lightly treed. It will require partial clearing prior to development and finished floor elevation requirements will necessitate filling,the use of stem walls,or another means of elevating the finished floor to a minimum of 8' AMSL. The site involved in Sale 1 is significantly impacted by wetlands and heavily treed. The site's topography and tree coverage is inferior as compared to the subject. A positive adjustment is applied for this element of comparison. The sites involved in Sales 2 -3, 5 —6 and Listing 9 have topographies and/or tree coverages that were, at the time of sale, superior to the subject. Negative adjustments are applied to each for this element of comparison. The balance of the comparable sales involved properties with topographies and tree coverages (at the time of sale) that are similar to the subject. No additional adjustments for this element of comparison are applied. Access The subject site has a mid-block location,with legal access from the Riverside Drive right-of-way and the adjoining waterway. All but one of the sites involved in the sales and listing have legal access from Riverside Dr. and their water frontage. The site involved in Sale 3 is accessed from the Virginia St. right-of-way, off of Riverside Dr. Virginia St.is unpaved. The site's unpaved access is inferior as compared to the subject and a positive adjustment is applied for this element of comparison. Utilities The subject and all the sale properties have full utilities availability. No adjustments for this element of comparison are required. ROBERT H. LOVELACE,NIAI, CCIM STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 43 Sales Comparison Approach Conclusion The unit price of dollars per foot of water frontage($/FF)is the most reliable price indicator in this analysis. The dollar per square foot of net upland area($/SF)unit price is rendered less reliable due to the necessity of estimating the net area of some of the comparable properties and the influence of significantly differing parcel depths. The range in adjusted unit value indications(focused primarily on dollars per water front foot)is: Comparable Adjusted Unit Value Adjusted Unit Value No. Indications($/FF) Indications ($/SF Uplands) Sale#7: $1,494/FF $8.64/SF Sale#8: $1,581/FF $9.15/SF Sale#3: $1,988/FF $45.05/SF Sale#1: $2,297/FF $19.76/SF Sale#2: $2,327/FF $26.12/SF Listing#9: $2,531/FF $24.58/SF Sale#5: $3,089/FF $14.17/SF Sale#4: $3,378/FF $26.97/SF Sale#6: $3,719/FF $24.79/SF The lowest unit price indications of$1,494 and $1,581 per front foot are given least consideration in the final unit value estimate for the subject. Both sales occurred at an auction with a seller acting under duress. The inability to reliably measure the price discount resulting from the sale conditions significantly diminishes the reliability of the transactions in this appraisal. The balance of the comparable sales and listing reflect a range of$1,988 to$3,719 per front foot. The current listing of the subject parcel, at$329,900 reflects an unadjusted unit (asking) price of$3,299 per front foot. The asking price is bracketed by the most reliable unit value indications from the most reliable comparable sales and listing. Based on consideration of the best available market data and the unit value indications from the sales comparison valuation approach,the market value of the fee simple interests and riparian rights associated with the subject site,as of January 10,2015,is estimated at: 100.4 Feet of Water Frontage X$3,000/FF=$301,200 Rounded To $302,000 Exposure Time and Marketing Time Estimate The marketing times for the comparable properties were typically under 12 months. Considering the conditions of the local property market and the characteristics of the subject property, the exposure and marketing time for the subject property is estimated to be up to 12 months. ROBERT H. LOVELACE,MAI, CCIM STATE-CERTIFIED GENERAL REAL,ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 44 Addenda • Partial Survey of Subject • Appraiser's Qualifications ROBERT H. LOVELACE,MAI, CCIM STATE-CERTIFIED GENERAL REAL,ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 45 "ynna3VjAly NV16'Nl NIyON n ago - u . qQ w 1 yy L e j� �O Z W win u �N Zwcti �-, I 40Z ry a 2.48 Z L2 S q j r��Q %t_}2 �V .yl-^ 1111 44 �V n _..s. �o �+CL^ �' N 13D&dd 5 G R 0. N •.,� tt�� ff (♦ti' s '" W o f.)Wcj fa ,•11fLJi7 �� i. f`,.;P1 3YE..l.�. .:7.} :7 J 0N 1�YNI_ ! " � �,y.}: r}f o Ze :7 e a p U cl a'� a 0 a ENO G VT "IvrJa3Q .�8 M/a O/Ur. 3r v?`r v 3QNVid3�Qd UU 9 x roti �3yM a13��N f�/o 14L,-.� o �i La O� LN3W�AHd i-PdNdSd �� z „arrais 3Hi.. a� N�4YO 1 Partial Survey Copy (Subject) ROBERT H. LOVELACE,NIAI, CCIM STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER#RZ 402 File#01-2015-Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 46 QUAT,II+IC:ATIONS Robot H.Lovelace,Jr_M L CCIIIVI PROFESSIONAL EXPFRIFNCE -Sperry Van Ness Florida- -New Smyrna Beach Florida. Senior Advisor/Broker Associate — January 2013 to present. -Realty Capital,Orlando,Florida. Vice-PresidentlBroker Associate January 2005 to December 2012 -Coldwell Danker Commercial Benchmark- Ormond Beach, Florida. Vice-president, Flagier-Volusia Division- April 2007 to December 2007. -All Florida Realty Services,Inc..Port 5t.Lucie.Florida- Commercial Real Estate Division Manager-April 2004 to March 2007 -Coastal Realty&Acquisition Services, Inc., Ormond Beach, Florida. Business Development Manager-August 2001 to April 2004. -Ponce Appraisal &Consulting Services, Inc. (dba Ponce Agency), New Smyrna Beach, Florida. President - January 1992 to April 2004. -Security First Federal Savings and bean Assncirttiom Daytona Beach, Florida. Vice President/Chief Appraiser- March 1989 to]anuary 1992. The Beal Estate Consortium,Winter Park, Florida.Staff Appraiser-October 1993 to March 1989. COL1.FGE FA)UCA•rl(}N -Bachelor of Science Degree in Earth Sciences] ducation,ifniversity of Florida,Gainesville,.Florida PROFENNIONAL EDUCATION -Yinancial Analysis for Commercial Investment Real Estate,Course C1 101,CC1M institute Market Analysis for Commercial Investment heal Estate,Course Cl 102,CCIM Institute -Usar Decision Analysis for Commercial Investment RcaI Estate,Course 103,COO Institute -Investment Analysis for Commercial Investment heal Estate,Course 104,CCIM Institute -Advanced Applications,Appraisal Institute -Appraisuzg Troubled Properties Seminar,Appraisal Institute -basement Valuation Seminar,Appraisal Institute -Appraisal C'urricultun Overview Residential-Appraisal Institute -Appraisal Cuniculum Overview Gencrai.Appraisal Institute -1usiness Practices and Ethics,Appraisal Institute .MA[TaWrience Review Committee Training Seminar,Appraisal Institute-Standards of Professional Practice, Parts A&B.Exam SPPA&SPPB,Appraisal Institute -Comprehensive Appraisal Workshop,Ted Whitmer.M I -Florida Department of Transportation Condemnation Appraisal,Florida Real Estate Commission -Successful completion of a"Demonstration Appraisal Report"on an income-producing property under the requirements of the American Institute of Real Estate Appraisers(AIREA) -Feasibility ALnaly;sis and IIighest and Best Lase, Ion-Residential,Seminar,AIREA -DiscounwdC'.ash Flow Analysis Sew mar,A1RFA -Case Studies in Real Estate Valuation,Exam 2-1,Alk2 iA •Valuation Axmlysis and Report Writing,Exam 2-2,AIREA -Standards of Professional Practice,Exam 2-3183,ATREA -Litigation Valuation Exam 4,AIREA -Cash Equivalency Seminar,AIREA -Capitalization Theory and Techniques,Parts A&R,Exams IA-A S:Il-3-13,AlREA -Basic Valuation Procedures.Exam IA-2,AIREA ROBERT H. LOVELACE,NIAI, CCIM STATE-CERTIFIED GENERAL REAL,ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 47 Qusdi li cab om ol'RohLr[f I.Level Ace,M AI,t'C71 M Page 2 of 2 -Real Estate Appraisal Principles,Exam lA-1,AIREA -Residential Valuation,Exam 8-2,AIREA -Case Studies in tiniform Standards,Real Estate Hciucation Specialists -Introduction to Environmental Considerations For the Appraiser.M&Kissock -Regression Analysis;'the Appraisal Approach of the Future,McKissock Data -Appraising 2-4 F amily Residential Properties,McKissock Data Systems PROFESSIONAL A ,F'ILIA'TIONS -Ivlembar Appraisal Institute(1VfQ,Appraisal Irwtilutr.Member No. 8921 -Certified Corn nterma] Investment Memher{('C'IM)of the(XIM Institute,Member Na. 10029 -Member Central Florida Commercial Association of Realtors(CFCAR) -Past Meml-xer,Appraisal Imstituto's Regional Ethics and Counseling Panel -Past Director&Chairman,Daytona Beseh Sub-Chapter,Appraisal Institute •PastMemhcr,Eduoation Coin inittee,T)aytona Bcach Area Association of Realtors -I'astC'.hairnian,Cont nt ere ial Investment Divisio77, Daytona i3cach Area Association of Res Itors LIC ENSING A.ND C F R TIFICA'T1ONS -State-(Certified General Real Instate Appraiser,State of Florida,No.ILL 402 -Licensed Real Fstate Rrokcr,State of Florida,No.RK 0414973 PROFESSIONAL REF CRENCE,S Professional references by request- CONTACT INFO}RMATION P.O.Box 847,New Smyrna Beach Florida 32170 Phone:(385)402-8084 Cell:(386)690-1109 Fax:(866)3849991 Email:BobI,ov.elaeeNSB@gmaii.com ROBERT H. LOVELACE,NIAI, CCIM STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER#RZ 402 File#01-2015—Pluscec Riverfront Lot,N.Riverside Dr.,Edgewater,FL 32132 Page 48 le 104 N. Riverside Drive City of Edgewater Edgewater, FL 32132 R Legislation Text File #: 2014-0-27(2), Version: 1 COUNCIL AGENDA ITEM SUBJECT: 2nd Reading - Ordinance No. 2014-0-27; Ronald and Tammy Hayward, applicants, requesting annexation of .40± acres of land located at 116 Godfrey Road. DEPARTMENT: Development Services SUMMARY: Ronald and Tammy Hayward, applicants, requesting annexation of.40± acres of land located at 116 Godfrey Road. OWNER: Ronald and Tammy Hayward APPLICANT/AGENT: Ronald and Tammy Hayward REQUESTED ACTION: Annexation PROPOSED USE: Residential LOCATION: 116 Godfrey Road AREA: .40± acres CURRENT LAND USE: Residential FLUM DESIGNATION: Volusia County Urban Medium Intensity ZONING DISTRICT: Volusia County R-4W VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUMDesignation Zoning District North Vacant Low Density Residential w/ R-1 (Single-Family Residential) Conservation Overlay East Single-Family Residence Volusia County Urban Volusia County R-4W (Urban Medium Intensity Single-Family Residential) City of Edgewater Page 1 of 2 Printed on 1/23/2015 powered by LegistarTM File #: 2014-0-27(2), Version: 1 South Vacant/Single-Family olusia County Urban Volusia County R-4W (Urban Residence edium Intensity Single-Family Residential) West Vacant olusia County Urban Volusia County R-4W (Urban iediurn Intensity Single-Family Residential) Background: The subject property contains an existing single-family residence that was built in 2014. Applicant is requesting annexation as well as amendments to the City's Future Land Use and Zoning Maps to include this .40 f acre parcel. City Council approved this item on December 1,2014 by a vote of 5-0. Land Use Compatibility: The proposed medium density single family residential use is compatible with the adjacent properties. Adequate Public Facilities: This site has access to Godfrey Road. City water service is available. Other Matters: No other known matters. BUDGETED ITEM: ❑Yes ❑ No ® Not Applicable BUDGET AMENDMENT REQUIRED: ❑Yes ❑ No ® Not Applicable RECOMMENDED ACTION: Motion to approve Ordinance No.2014-0-27 City of Edgewater Page 2 of 2 Printed on 1/23/2015 powered by LegistarTM ORDINANCE NO. 2014-0-27 AN ORDINANCE ANNEXING .40f ACRES OF CERTAIN REAL PROPERTY LOCATED AT 116 GODFERY ROAD, VOLUSIA COUNTY, INTO THE CITY OF EDGEWATER, FLORIDA; SUBJECT TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE MUNICIPALITY; AMENDING THE DESCRIPTION OF THE CITY OF EDGEWATER CORPORATE LIMITS; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT, VOLUSIA COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER AND THE DEPARTMENT OF STATE; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE,RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Ronald and Tammy Hayward have applied for annexation of property located at 116 Godfrey Road,within Volusia County, Florida. Subject property contains approximately .40 + acres. 2. The applicants have voluntarily petitioned (applied) the City of Edgewater for annexation pursuant to Section 171.044, Florida Statutes. 3. The property is contiguous to the City's boundaries and the conditions for annexation and the economics thereof are satisfactory. 4. The boundaries of Voting District 4 of the City of Edgewater are hereby designated to include the property described herein. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF EDGEWATER,FLORIDA. 1. Pursuant to Section 171.044, Florida Statutes, that certain real property described 1 Stfike dffettgk passages are deleted. Underlined passages are added. #2014-0-27 in Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida, and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality. 2. The boundaries of the City of Edgewater are hereby redefined to include the property described herein and depicted in the map identified as Exhibit "B". 3. Pursuant to Section 2.01 of the Charter of the City of Edgewater, Florida, that certain document entitled"Description of City of Edgewater Corporate Limits" shall be amended accordingly. 4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia County Manager, the Mapping Division of the Volusia County Growth Management Department, and the Department of State. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. 2 Stfike dffettgk passages are deleted. Underlined passages are added. #2014-0-27 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 Councilman Blazi with Second by Councilwoman Power, the vote on the first reading of this ordinance held on December 1, 2014,was as follows: AYE NAY Mayor Mike Ignasiak X Councilwoman Christine Power X Councilwoman Gigi Bennington X Councilman Dan Blazi X Councilman Gary T. Conroy 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 Ignasiak Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Dan Blazi Councilman Gary T. Conroy 3 Stfike passages are deleted. Underlined passages are added. #2014-0-27 PASSED AND DULY ADOPTED this day of 2015. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA By: Bonnie Wenzel Mike Ignasiak 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 , 2015 under Agenda Item No. City Attorney 8 Doran, Sims,Wolfe,Kundid. Ciocchetti&Wagner 4 Stfike dffettgh passages are deleted. Underlined passages are added. #2014-0-27 EXHIBIT "A" LEGAL DESCRIPTION Lots 30-31, of Re-Subdivision of Waterway Park, Sec 1, as Recorded in Map Book 19, Page 269, Volusia County Records, Volusia County, Florida. Section 49, Township 18 South, Range 34 East and a 100' portion of the Godfrey Road right-of-way northerly to City of Edgewater city limits directly adjacent to said property. 5 Stfike dffettgk passages are deleted. Underlined passages are added. #2014-0-27 EXHIBIT "B" 6 Stfike#ffettgk passages are deleted. Underlined passages are added. #2014-0-27 JQ' , \ yo 0 d �GP oS�PF \ y � � y � 2 � � O M Q +�M a v o w oP CL 2 IL 00 rn a , , / w le 104 N. Riverside Drive City of Edgewater Edgewater, FL 32132 R Legislation Text File #: 2014-0-28(2), Version: 1 COUNCIL AGENDA ITEM SUBJECT: 2nd Reading - Ordinance No. 2014-0-28; an amendment to the Comprehensive Plan Future Land Use Map (FLUM) to include .40± acres of land located at 116 Godfrey Road as Medium Density Residential. DEPARTMENT: Development Services SUMMARY: Ronald and Tammy Hayward, applicants, requesting an amendment to the Comprehensive Plan Future Land Use Map to include .40± acres of land located at 116 Godfrey Road as Medium Density Residential. OWNER: Ronald and Tammy Hayward APPLICANT/AGENT: Ronald and Tammy Hayward REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include property as Medium Density Residential. PROPOSED USE: Residential LOCATION: 116 Godfrey Road AREA: .40± acres CURRENT LAND USE: Residential FLUM DESIGNATION: Volusia County Urban Medium Intensity ZONING DISTRICT: Volusia County R-4W VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUMDesignation Zoning District North Vacant Low Density Residential w/ R-1 (Single-Family Residential) Conservation Overlay East Single-Family Residence Volusia County Urban Volusia County R-4W (Urban Medium Intensity Single-Family Residential) South Vacant/Single-Family olusia County Urban olusia County R-4W (Urban Residence Medium Intensity I Single-Family Residential) City of Edgewater Page 1 of 2 Printed on 1/23/2015 powered by LegistarTM File #: 2014-0-28(2), Version: 1 West Vacant olusia County Urban olusia County R-4W (Urban Medium Intensity Single-Family Residential) Background:The subject property contains an existing single-family residence that was built in 2014. City Council approved first reading of this item on December 1,2014. Land Use Compatibility: The proposed medium density single family residential use is compatible with the adjacent properties. Adequate Public Facilities: This site has access to Godfrey Road.City water service is available. 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 Medium Intensity(UMI) Areas that contain residential development at a range of greater than four (4) to eight (8) dwelling units per acre. The types of housing typically found in areas designated urban medium intensity include single family homes, townhouses and low-rise apartments. The UMI designation is primarily a residential designation but may allow neighborhood business areas (see Shopping Center definition in Chapter 20) and office development that meet the Comprehensive Plan's location criteria. The commercial intensity shall be no more than a fifty percent Floor Area Ration(0.50 FAR)and shall be limited in a manner to be compatible with the allowable residential density. In order to be considered compatible, the commercial development should reflect similar traffic patterns, traffic generation, building scale, landscaping and open space, and buffers. More intensive commercial use, other than neighborhood business areas, shall be reserved to areas designated for Commercial. All requests for nonresidential uses within one- quarter(1/4)mile of another jurisdiction shall require notification to that jurisdiction. City of Edgewater-Medium Density Residential This urban scale Medium Density Residential category includes duplex, villa, cluster, townhouse, mobile home, manufactured and multi-family housing at densities between four(4)and eight(8)units per acre. BUDGETED ITEM: ❑Yes ❑ No ® Not Applicable BUDGET AMENDMENT REOUIRED: ❑Yes ❑ No ® Not Applicable RECOMMENDED ACTION: Motion to approve Ordinance No.2014-0-28 City of Edgewater Page 2 of 2 Printed on 1/23/2015 powered by LegistarTM ORDINANCE NO. 2014-0-28 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 MEDIUM INTENSITY TO CITY MEDIUM DENSITY RESIDENTIAL FOR .40f ACRES OF CERTAIN REAL PROPERTY LOCATED AT 116 GODFREY ROAD, EDGEWATER, FLORIDA; PROVIDING FOR PUBLICATION, HOLDING PUBLIC HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY, THE VOLUSIA GROWTH MANAGEMENT COMMISSION, THE REGIONAL PLANNING COUNCIL, AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCY THAT HAS REQUESTED A COPY OF THE PLAN AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, from time to time it becomes necessary to amend the City of Edgewater Comprehensive Plan, and WHEREAS, a Public Hearing on the question of designating a future land use classification of the property hereinafter described has been duly held in the City of Edgewater, Florida and at such hearing, interested parties and citizens for and/or against the proposed designation of the future land use classification was heard; and WHEREAS, such amendments are permitted subject to the provisions of Chapter 163, F.S. WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency, held an advertised Public Hearing pursuant to 163.3164(30) & 163.3174(4)(a), Fla. Stat. (2012), on 1 Stfi1'°dffattgh passages are deleted. Underlined passages are added. #2014-0-28 Wednesday,November 12, 2014, on the proposed Plan Amendment; WHEREAS, the City Council feels it is in the best interests of the citizens of the City of Edgewater to amend its 2011 Comprehensive Plan as more particularly set forth hereinafter. 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 Medium Density Residential (.40 + acres) for property described in Exhibits "A" and `B". PART B. PUBLICATION. Notice of this proposed change of the Edgewater Comprehensive Plan shall be published in the manner prescribed by 163.3184 (11),Fla. Stat. (2012). The City Council shall hold at least 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 2 Stfi1'°Offough passages are deleted. Underlined passages are added. #2014-0-28 advertisement shall substantially be in the following form: Notice of Land Use Change The City of Edgewater proposes to adopt the following ordinance: ORDINANCE NO. 2014-0-28 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 MEDIUM INTENSITY TO CITY MEDIUM DENSITY RESIDENTIAL FOR .40 f ACRES OF CERTAIN REAL PROPERTY LOCATED AT 116 GODFREY ROAD, EDGEWATER, FLORIDA; PROVIDING FOR PUBLICATION, HOLDING PUBLIC HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY, THE VOLUSIA GROWTH MANAGEMENT COMMISSION, THE REGIONAL PLANNING COUNCIL, AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCY THAT HAS REQUESTED A COPY OF THE PLAN AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE. A public hearing (transmittal stage) on the ordinance changing the Future Land Use Map will be held on December 1, 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 3 Stfi1'°Offough passages are deleted. Underlined passages are added. #2014-0-28 identification of the general area. PART C. PUBLIC HEARINGS. As a condition precedent to the adoption of this ordinance amending the City's 2011 Comprehensive Plan, the City Council shall hold at least 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 4 Stfi1'°Offough passages are deleted. Underlined passages are added. #2014-0-28 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 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 5 Stfi1'°Offough passages are deleted. Underlined passages are added. #2014-0-28 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 F. ADOPTION. After Motion to approve by Councilwoman Bennington, with Second by Councilwoman Power, the vote on the first reading of this ordinance held on December 1, 2014, was as follows: AYE NAY Mayor Mike Ignasiak X Councilwoman Christine Power X Councilwoman Gigi Bennington X Councilman Dan Blazi X Councilman Gary T. Conroy X- 6 Stfi1'°Offough passages are deleted. Underlined passages are added. #2014-0-28 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 Ignasiak Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Dan Blazi Councilman Gary T. Conroy PASSED AND DULY ADOPTED this day of 2015. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA By: Bonnie Wenzel Mike Ignasiak 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 2015 under Agenda Item No. 8 City Attorney Doran, Sims,Wolfe,Kundid Ciocchetti & Wagner 7 Stfi1'°Offough passages are deleted. Underlined passages are added. #2014-0-28 EXHIBIT "A" LEGAL DESCRIPTION Lots 30-31, of Re-Subdivision of Waterway Park, Sec 1, as Recorded in Map Book 19, Page 269, Volusia County Records, Volusia County, Florida. Section 49, Township 18 South, Range 34 East and a 100' portion of the Godfrey Road right-of-way northerly to City of Edgewater city limits directly adjacent to said property. 8 S441'° passages are deleted. Underlined passages are added. #2014-0-28 EXHIBIT `B" 9 Strike#ffE)ttg passages are deleted. Underlined passages are added. #2014-0-28 \ . � \ , ]!3 !! �«{ � \ ® / + - 70 ; §f LAM Q � % ° ��■■■1■D\ � G' � > _ t �_! I|2 \ < ; � / , : �\ \ © ^ � f . + CD U) �\ mill �� 2 W \ le 104 N. Riverside Drive City of Edgewater Edgewater, FL 32132 R Legislation Text File #: 2014-0-29(2), Version: 1 COUNCIL AGENDA ITEM SUBJECT: 2nd Reading - Ordinance No. 2014-0-29; Ronald and Tammy Hayward, applicants, requesting an amendment to the Official Zoning Map to include .40± acres of land located at 116 Godfrey Road as R-3 (Single-Family Residential). DEPARTMENT: Development Services SUMMARY: Ronald and Tammy Hayward, applicants, requesting an amendment to the Official Zoning Map to include .40± acres of land located at 116 Godfrey Road as R-3 (Single-Family Residential) OWNER: Ronald and Tammy Hayward APPLICANT/AGENT: Ronald and Tammy Hayward REQUESTED ACTION: Amendment to the Official Zoning Map to include .40± acres of land located at 116 Godfrey Road as R-3 (Single-Family Residential) PROPOSED USE: Residential LOCATION: 116 Godfrey Road AREA: .40± acres CURRENT LAND USE: Residential FLUM DESIGNATION: Volusia County Urban Medium Intensity ZONING DISTRICT: Volusia County R-4W VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUMDesignation Zoning District North Vacant Low Density Residential w/ R-1 (Single-Family Residential) Conservation Overlay City of Edgewater Page 1 of 2 Printed on 1/23/2015 powered by LegistarTM File #: 2014-0-29(2), Version: 1 East Single-Family Residence iediurn olusia County Urban olusia County R-4W (Urban edium Intensity Single-Family Residential) South Vacant/Single-Family olusia County Urban olusia County R-4W (Urban Residence Intensity Single-Family Residential) West acant Volusia County Urban olusia County R-4W (Urban edium Intensity Single-Family Residential) Background: The subject property contains an existing single-family residence that was built in 2014. City council approved first reading of this ordinance on December 1,2014. Land Use Compatibility: The proposed medium density single family residential use is compatible with the adjacent properties. Adequate Public Facilities: This site has access to Godfrey Road. City water service is available. Comprehensive Plan Consistency: Per Table III-1 of the Land Development Code the proposed R-3 (Single-Family Residential) zoning district is compatible with the proposed Medium Density Residential Future Land Use designation. BUDGETED ITEM: ❑Yes ❑ No ® Not Applicable BUDGET AMENDMENT REQUIRED: ❑Yes ❑ No ® Not Applicable RECOMMENDED ACTION: Motion to approve Ordinance No.2014-0-29 City of Edgewater Page 2 of 2 Printed on 1/23/2015 powered by LegistarTM ORDINANCE NO. 2014-0-29 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY R-4W (URBAN SINGLE-FAMILY RESIDENTIAL) TO CITY R-3 (SINGLE FAMILY RESIDENTIAL) FOR .40f ACRES OF CERTAIN REAL PROPERTY LOCATED AT 116 GODFREY ROAD, EDGEWATER, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE,RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Ronald and Tammy Hayward are the applicants for property located at 116 Godfrey Road, within Volusia County, Florida. Subject property contains approximately .40 + acres. 2. The applicant has submitted an application for a change in zoning classification from County R-4W (Urban Single-Family Residential) to City R-3 (Single-Family Residential) for the property described herein. 3. On November 12, 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 1 StPAEe dffough passages are deleted. Underlined passages are added. #2014-0-29 the natural environment. 8. The proposed change will not have a negative effect on the character of the surrounding area. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEWATER,FLORIDA. The zoning classification for the following described property is hereby changed from County R-4W (Urban Single-Family Residential) to City R-3 (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. 2 StPAEe dffattgh passages are deleted. Underlined passages are added. #2014-0-29 PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART G. ADOPTION. After Motion to approve by After Motion to approve by Councilman Blazi with Second by Councilwoman Power, the vote on the first reading of this ordinance held on December 1, 2014,was as follows: AYE NAY Mayor Mike Ignasiak X Councilwoman Christine Power X Councilwoman Gigi Bennington X Councilman Dan Blazi X Councilman Gary T. Conroy X After Motion to approve by with Second by the vote on the second reading/public hearing of this ordinance held on 2015, was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Dan Blazi Councilman Gary T. Conroy 3 StPAEe dffough passages are deleted. Underlined passages are added. #2014-0-29 PASSED AND DULY ADOPTED this day of , 2015. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA By: Bonnie Wenzel Mike Ignasiak 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 , 2015 under Agenda Item No. City Attorney 8 Doran, Sims,Wolfe,Kundid. Ciocchetti&Wagner 4 StPAEe Offough passages are deleted. Underlined passages are added. #2014-0-29 EXHIBIT "A" LEGAL DESCRIPTION Lots 30-31, of Re-Subdivision of Waterway Park, Sec 1, as Recorded in Map Book 19, Page 269, Volusia County Records, Volusia County, Florida. Section 49, Township 18 South, Range 34 East and a 100' portion of the Godfrey Road right-of-way northerly to City of Edgewater city limits directly adjacent to said property. 5 StPAEe Offough passages are deleted. Underlined passages are added. #2014-0-29 JQ' , \ yo 0 d �GP oS�PF \ y � � y � 2 � � O M Q +�M a v o w oP CL 2 IL 00 rn a , , / w le 104 N. Riverside Drive City of Edgewater Edgewater, FL 32132 R Legislation Text File M 2015-0-01 , Version: 1 COUNCIL AGENDA ITEM SUBJECT: 1st Reading - Ordinance No. 2015-0-01; Gerald and Donna Nissen, applicants, requesting annexation of .69+ acres of land located at 207 Ranken Drive. DEPARTMENT: Development Services SUMMARY: Gerald and Donna Nissen,applicants,requesting annexation of.69+ acres of land located at 207 Ranken Drive. OWNER: Gerald and Donna Nissen APPLICANT/AGENT: Gerald and Donna Nissen REQUESTED ACTION: Annexation PROPOSED USE: Residential LOCATION: 207 Ranken Drive AREA: .69± 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 FLUMDesignation 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) City of Edgewater Page 1 of 2 Printed on 1/23/2015 powered by LegistarTM File #: 2015-0-01 , Version: 1 West Vacant ow Density Residential w/ R-1 (Single-Family Residential) Conservation Overlay Background:The subject property contains an existing single-family residence that was built in 1987.Applicant is requesting annexation as well as amendments to the City's Future Land Use and Zoning Maps to include this.69±acre parcel. Land Use Compatibility: The proposed low density single family residential use is compatible with the adjacent properties. Adequate Public Facilities:This site is served by City water and sewer and has direct roadway access to Ranken Drive. Other Matters:No other known matters. BUDGETED ITEM: ❑Yes ❑ No ® Not Applicable BUDGET AMENDMENT REOUIRED: ❑Yes ❑ No ® Not Applicable RECOMMENDED ACTION: Motion to approve Ordinance No.2015-0-1 City of Edgewater Page 2 of 2 Printed on 1/23/2015 powered by LegistarTM ORDINANCE NO. 2015-0-01 AN ORDINANCE ANNEXING .69f ACRES OF CERTAIN REAL PROPERTY LOCATED AT 207 RANKEN DRIVE, 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. Gerald and Donna Nissen have applied for annexation of property located at 207 Ranken Drive, within Volusia County, Florida. Subject property contains approximately .69 + acres. 2. The applicants have voluntarily petitioned (applied) the City of Edgewater for annexation pursuant to Section 171.044, Florida Statutes. 3. The property is contiguous to the City's boundaries and the conditions for annexation and the economics thereof are satisfactory. 4. The boundaries of Voting District 4 of the City of Edgewater are hereby designated to include the property described herein. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF EDGEWATER,FLORIDA. 1. Pursuant to Section 171.044, Florida Statutes, that certain real property described 1 Stfike dffettgk passages are deleted. Underlined passages are added. #2015-O-01 in Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida, and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality. 2. The boundaries of the City of Edgewater are hereby redefined to include the property described herein and depicted in the map identified as Exhibit "B". 3. Pursuant to Section 2.01 of the Charter of the City of Edgewater, Florida, that certain document entitled"Description of City of Edgewater Corporate Limits" shall be amended accordingly. 4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia County Manager, the Mapping Division of the Volusia County Growth Management Department, and the Department of State. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. 2 Stfike dffettgk passages are deleted. Underlined passages are added. #2015-O-01 PART D. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Volusia County,Florida. PART E. EFFECTIVE DATE. This ordinance shall take effect upon adoption. PART F. ADOPTION. After Motion to approve by , with Second by , the vote on the first reading of this ordinance held on February 2, 2015,was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Dan Blazi Councilman Gary T. Conroy 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 Ignasiak Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Dan Blazi Councilman Gary T. Conroy 3 Stfike passages are deleted. Underlined passages are added. #2015-0-01 PASSED AND DULY ADOPTED this day of 2015. 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 , 2015 under Agenda Item No. City Attorney 8 Doran, Sims,Wolfe,Kundid. Ciocchetti&Wagner 4 Stfike dffettgh passages are deleted. Underlined passages are added. #2015-O-01 EXHIBIT "A" LEGAL DESCRIPTION A parcel of land in Section 1, Township 18 South, Range 34 East, Volusia County, Florida described as follows: Commence at the Southeast corner of U.S. Lot 7, Section 2, Township 18 South, Range 34 East; thence North 87°27'20" East 312.23 feet; thence South 25'52'10" East 150 feet for the Point of Beginning; thence South 25°52'10" East 100 feet; thence North 68°32'50" East 300 feet to the West bank of the Indian River North; thence along said West bank North 30'47'10" West 100 feet; thence South 68°32'50" West 300 feet to the Point of Beginning. Together with an easement for ingress and egress recorded in Official Records Book 3800, Page 3348 of the Public Records of Volusia County, Florida. 5 Stfike dffettgk passages are deleted. Underlined passages are added. #2015-O-01 EXHIBIT "B" 6 Stfike#ffettgk passages are deleted. Underlined passages are added. #2015-0-01 P LM B EEZ DR .1 F -�\ I I I \ Subject Property \ Parcel: 8401-00-00-0013 \ \ 207 Ranken Dr. \ \ \ I I I \ �CL-IC-E—C:T--\ \`\ ARTHUR AV \ \ i 00 EDG.WATER G ®Subject Property D-12/15/2014 le 104 N. Riverside Drive City of Edgewater Edgewater, FL 32132 R Legislation Text File #: 2015-0-02, Version: 1 COUNCIL AGENDA ITEM SUBJECT: 1st reading - Ordinance No. 2015-0-02; Gerald and Donna Nissen, applicants, requesting an amendment to the Comprehensive Plan Future Land Use Map to include .69+ acres of land located at 207 Ranken Drive as Low Density Residential. DEPARTMENT: Development Services SUMMARY: Gerald and Donna Nissen, applicants,requesting an amendment to the Comprehensive Plan Future Land Use Map to include .69+ acres of land located at 207 Ranken Drive as Low Density Residential. OWNER: Gerald and Donna Nissen APPLICANT/AGENT: Gerald and Donna Nissen REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include .69+ acres of land located at 207 Ranken Drive as Low Density Residential. PROPOSED USE: Residential LOCATION: 207 Ranken Drive AREA: .69+— 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 and Use FLUMDesignation Zoning District North Single-Family Residence I Low Density Residential R-1 (Single-Family Residential) City of Edgewater Page 1 of 2 Printed on 1/23/2015 powered by LegistarTM File #: 2015-0-02, Version: 1 East Indian River Indian River Indian River South Single-Family Residence ow Density Residential R-1 (Single-Family Residential) West Vacant ow Density Residential w/ R-1 (Single-Family Residential) Conservation Overlay Background: The subject property contains an existing single-family residence that was built in 1987. Land Use Compatibility: The proposed low density single family residential use is compatible with the adjacent properties. Adequate Public Facilities: This site is served by City water and sewer and has direct roadway access to Ranken Drive. Comprehensive Plan Consistency: Volusia County-Urban Low Intensity (LJLI Areas for low density residential dwelling units with a range of two-tenths (0.2) to four (4) dwelling units per acre. In reviewing rezoning requests, the specific density will depend on locational factors,particularly compatibility with adjacent uses and availability of public facilities. This residential designation is generally characterized by single family type housing, e.g., single family detached and attached, cluster and zero lot line. This designation will allow existing agricultural zoning and uses to continue. The ULI designation is primarily a residential designation but may also allow neighborhood convenience uses (see Shopping Center definition in Chapter 20) and individual office buildings as transitional uses that meet the Comprehensive Plan's location criteria. The commercial intensity shall be limited to no more than a fifty percent Floor Area Ratio (0.50 FAR) and in a manner to be compatible with the allowable residential density. In order to be considered compatible, the commercial development should be oriented to serve adjacent neighborhoods, reflect comparable traffic generation, similar traffic patterns, building scale, landscaping and open space and buffers. Due to the nature of some of the commercial uses, additional landscaping and visual screening shall be provided through the BPUD process when adjacent to low density residential in order to preserve the character of the neighborhood. More intensive neighborhood commercial use shall be reserved to areas designated for Commercial. All requests for nonresidential uses within one-quarter (1/4) mile of another jurisdiction shall require notification to that jurisdiction. City�gewater-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. BUDGETED ITEM: ❑ Yes ❑ No ® Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes ❑ No ® Not Applicable RECOMMENDED ACTION: Motion to approve Ordinance No. 2015-0-02 City of Edgewater Page 2 of 2 Printed on 1/23/2015 powered by LegistarTM ORDINANCE NO. 2015-0-02 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 .69f ACRES OF CERTAIN REAL PROPERTY LOCATED AT 207 RANKEN DRIVE, 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 14, 2015, on the proposed Plan Amendment; 1 Stfi1'°Offough passages are deleted. Underlined passages are added. #2015-0-02 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 (.69 + acres) for property described in Exhibits "A" and «B» PART B. PUBLICATION. Notice of this proposed change of the Edgewater Comprehensive Plan shall be published in the manner prescribed by 163.3184 (11), Fla. Stat. (2012). The City Council shall hold at least 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 Stfi1'°Offough passages are deleted. Underlined passages are added. #2015-0-02 Notice of Land Use Change The City of Edgewater proposes to adopt the following ordinance: ORDINANCE NO. 2015-0-02 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 .69 t ACRES OF CERTAIN REAL PROPERTY LOCATED AT 207 RANKEN DRIVE, 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 2, 2015 at 6:00 p.m. at the Community Center, 104 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 Stfi1'°Offough passages are deleted. Underlined passages are added. #2015-0-02 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 Stfi1'°Offough passages are deleted. Underlined passages are added. #2015-0-02 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 Stfi1'°Offough passages are deleted. Underlined passages are added. #2015-0-02 circumstance. PART F. ADOPTION. After Motion to approve by ,with Second by the vote on the first reading of this ordinance held on February 2, 2015, was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Dan Blazi Councilman Gary T. Conroy 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 Ignasiak Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Dan Blazi Councilman Gary T. Conroy PASSED AND DULY ADOPTED this day of 2015. 6 Stfi1'°Offough passages are deleted. Underlined passages are added. #2015-0-02 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 2015 under Agenda Item No. 8 City Attorney Doran, Sims,Wolfe,Kundid Ciocchetti & Wagner 7 Stfi1'°Offough passages are deleted. Underlined passages are added. #2015-0-02 EXHIBIT "A" LEGAL DESCRIPTION A parcel of land in Section 1, Township 18 South, Range 34 East, Volusia County, Florida described as follows: Commence at the Southeast corner of U.S. Lot 7, Section 2, Township 18 South, Range 34 East; thence North 87°27'20" East 312.23 feet; thence South 25'52'10" East 150 feet for the Point of Beginning; thence South 25'52'10" East 100 feet; thence North 68°32'50" East 300 feet to the West bank of the Indian River North; thence along said West bank North 30°47'10" West 100 feet; thence South 68°32'50" West 300 feet to the Point of Beginning. Together with an easement for ingress and egress recorded in Official Records Book 3800, Page 3348 of the Public Records of Volusia County, Florida. 8 S441'° passages are deleted. Underlined passages are added. #2015-0-02 EXHIBIT `B" 9 Strike#ffE)ttg passages are deleted. Underlined passages are added. #2015-0-02 H2 ])§ ) o « \ \ « 9« « z \�y�� 70 - $ C/) © - o \d\\\\\ � � �m■■■1■D\ � O \ ----------- » cc }�( \\ � . \ \» \ � , ; moo \ ¥ � CD -ol w W le 104 N. Riverside Drive City of Edgewater Edgewater, FL 32132 R Legislation Text File #: 2015-0-03, Version: 1 COUNCIL AGENDA ITEM SUBJECT: 1st Reading - Ordinance No. 2015-0-03; Gerald and Donna Nissen, applicants, requesting an amendment to the Official Zoning Map to include .69+ acres of land located at 207 Ranken Drive as R-1 (Single-Family Residential). DEPARTMENT: Development Services SUMMARY: Gerald and Donna Nissen, applicants, requesting an amendment to the Official Zoning Map to include .69± acres of land located at 207 Ranken Drive as R-1 (Single-Family Residential). OWNER: Gerald and Donna Nissen APPLICANT/AGENT: Gerald and Donna Nissen REQUESTED ACTION: Amendment to the Official Zoning Map to include .69+ acres of land located at 207 Ranken Drive as R-1 (Single-Family Residential) PROPOSED USE: Residential LOCATION: 207 Ranken Drive AREA: .69± 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 FLUMDesignation Zoning District North Single-Family Residence Low Density Residential R-1 (Single-Family Residential) East Indian River Indian River Indian River City of Edgewater Page 1 of 2 Printed on 1/23/2015 powered by LegistarTM File #: 2015-0-03, Version: 1 South Single-Family Residence ow Density Residential R-1 (Single-Family Residential) West Vacant ow Density Residential w/ R-1 (Single-Family Residential) [Conservation Overlay Background: The subject property contains an existing single-family residence that was built in 1987. Land Use Compatibility: The proposed low density single family residential use is compatible with the adjacent properties. Adequate Public Facilities: This site is served by City water and sewer and has direct roadway access to Ranken Drive. Comprehensive Plan Consistency: Per Table III-1 of the Land Development Code the proposed R-1 (Single- Family Residential) zoning district is compatible with the proposed Low Density Residential Future Land Use designation. BUDGETED ITEM: ❑ Yes ❑ No ® Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes ❑ No ® Not Applicable RECOMMENDED ACTION: Motion to approve Ordinance No. 2015-0-03 City of Edgewater Page 2 of 2 Printed on 1/23/2015 powered by LegistarTM ORDINANCE NO. 2015-0-03 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY R-3W (URBAN SINGLE-FAMILY RESIDENTIAL) TO CITY R-1 (SINGLE FAMILY RESIDENTIAL) FOR .69f ACRES OF CERTAIN REAL PROPERTY LOCATED AT 207 RANKEN DRIVE, 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. Gerald and Donna Nissen are the applicants for property located at 207 Ranken Drive,within Volusia County, Florida. Subject property contains approximately .69 + acres. 2. The applicant has submitted an application for a change in zoning classification from County R-3W (Urban Single-Family Residential) to City R-1 (Single-Family Residential) for the property described herein. 3. On January 14, 2015 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. 1 StPAEe dffough passages are deleted. Underlined passages are added. #2015-0-03 8. The proposed change will not have a negative effect on the character of the surrounding area. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEWATER,FLORIDA. The zoning classification for the following described property is hereby changed from County R-3W (Urban Single-Family Residential) to City R-1 (Single-Family Residential) for the property described in Exhibit «A» PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER,FLORIDA. The Development Services Director is hereby authorized and directed to amend the Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the above described property. PART C. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, 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. 2 StPAEe dffough passages are deleted. Underlined passages are added. #2015-0-03 This Ordinance shall take place upon adoption. PART G. ADOPTION. After Motion to approve by After Motion to approve by with Second by , the vote on the first reading of this ordinance held on 2015, was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Dan Blazi Councilman Gary T. Conroy After Motion to approve by with Second by the vote on the second reading/public hearing of this ordinance held on 2015,was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Dan Blazi Councilman Gary T. Conroy PASSED AND DULY ADOPTED this day of , 2015. 3 StPAEe dffough passages are deleted. Underlined passages are added. #2015-0-03 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 , 2015 under Agenda Item No. City Attorney 8 Doran, Sims,Wolfe,Kundid. Ciocchetti&Wagner 4 StPAEe Offough passages are deleted. Underlined passages are added. #2015-0-03 EXHIBIT "A" LEGAL DESCRIPTION A parcel of land in Section 1, Township 18 South, Range 34 East, Volusia County, Florida described as follows: Commence at the Southeast corner of U.S. Lot 7, Section 2, Township 18 South, Range 34 East; thence North 87°27'20" East 312.23 feet; thence South 25'52'10" East 150 feet for the Point of Beginning; thence South 25°52'10" East 100 feet; thence North 68°32'50" East 300 feet to the West bank of the Indian River North; thence along said West bank North 30'47'10" West 100 feet; thence South 68°32'50" West 300 feet to the Point of Beginning. Together with an easement for ingress and egress recorded in Official Records Book 3800, Page 3348 of the Public Records of Volusia County, Florida. 5 StPAEe Offough passages are deleted. Underlined passages are added. #2015-0-03 P LM B EEZ DR .1 F -�\ I I I \ Subject Property \ Parcel: 8401-00-00-0013 \ \ 207 Ranken Dr. \ \ \ I I I \ �CL-IC-E—C:T--\ \`\ ARTHUR AV \ \ i 00 EDG.WATER G ®Subject Property D-12/15/2014 104 N. Riverside Drive City of Edgewater Edgewater, FL 32132 EDGE 4VATER Legislation Text File #: 2015-0-05, Version: 2 COUNCIL AGENDA ITEM SUBJECT: Ordinance 2015-0-5 Ordinance amending Chapter 12(Offenses and Miscellaneous Provisions)Article II(Garage Sales) DEPARTMENT: City Manager SUMMARY: During the January 5, 2015 City Council meeting the City Council had directed staff to draft an amendment to the Code of Ordinances Chapter 12 (Offenses and Miscellaneous Provisions),Article II(Garage Sales)to increase the number of permitted garage sales to no more than four sales during a calendar year to be located on the same occupied residential or nonresidential property versus the currently permitted two times per calendar year. BUDGETED ITEM: ❑ Yes ❑ No ® Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes ❑ No ® Not Applicable RECOMMENDED ACTION: Motion to approve Ordinance 2015-0-05 to amend City of Edgewater Code of Ordinances Chapter 12 (Offenses and Miscellaneous Provisions),Article II(Garage Sales). City of Edgewater Page 1 of 1 Printed on 1/23/2015 ORDINANCE NO. 2015-0-05 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA AMENDING CHAPTER 12 (OFFENSES AND NIISCELLANEOUS PROVISIONS), ARTICLE II (GARAGE SALES); PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR CODIFICATION,AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Chapter 12 (Offenses and Miscellaneous Provisions) which includes: Article II (Garage Sales) currently only permits no more than two sales during a calendar year to be located on the same occupied residential or nonresidential property. 2. During the January 5, 2015 City Council meeting the City Council directed staff to draft an amendment to the Code of Ordinances that would permit more than four sales during a calendar year to be located on the same occupied residential or nonresidential property. 3. Article II (Garage sales) of Chapter 12 is hereby being as requested by the City Council. NOW, THEREFORE, BE IT ENACTED by the People of the city of Edgewater, Florida: PART A. AMENDING CHAPTER 12 (OFFENSES AND NIISCELLANEOUS PROVISIONS), ARTICLE II (GARAGE SALES) OF THE CODE OF ORDINANCES FOR THE CITY OF EDGEWATER,FLORIDA. Chapter 12 (Offenses and Miscellaneous Provisions) is hereby modified to read as follows: Chapter 12 (Offenses and Miscellaneous Provisions), Code of Ordinances, City of Edgewater, Florida is hereby modified as set forth in Exhibit "A", which is attached hereto and incorporated herein. 1 StPAEe Offough passages are deleted. Underlined passages are added. #2015-0-05 PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof, in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void by a court of competent jurisdiction, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances by a court of competent jurisdiction, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to 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 and Second by , the vote on first reading of this ordinance which was held on February 2, 2015 was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Dan Blazi Councilman Gary Conroy 2 StPAEe Offough passages are deleted. Underlined passages are added. #2015-0-05 After Motion to approve by and Second by , the vote on first reading of this ordinance which was held on February 2, 2015 was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Dan Blazi Councilman Gary Conroy PASSED AND DULY ADOPTED this day of , 2015 ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA By: Bonnie Wenzel Mike Ignasiak City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Edgewater, Approved by the City Council of the City of Edgewater, Florida. Approved as to form and legality by: Florida during the City Council meeting held on Aaron R.Wolfe,Esquire this_day of ,2015 under Agenda Item#8_ City Attorney Doran,Sims,Wolfe,Kundid, Ciocchetti&Wagner 3 StPAEe Offough passages are deleted. Underlined passages are added. #2015-0-05 EXHIBIT "A" CHAPTER 12 OFFENSES AND NHSCELLANEOUS PROVISIONS ARTICLE IL - GARAGE SALES Sec. 12-41. -Purpose. The purpose of this article is to set certain requirements and criteria to regulate and control all types of garage sales within the City of Edgewater. Sec. 12-42. -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: Garage or yard sale are considered the same and means the sale of used household or personal articles held on the seller's own premises. A garage sale operating for more than three days in duration, occurring more than four times within a calendar year shall be considered a flea market,whether indoor or open. Indoor flea market means a market held in an open or sheltered area (not within a building) where a group of individual sellers offer food and goods for sale to the public. Person means any corporation, individual or members of a family residing in a household conducting the sale. Sec. 12-43. -Frequency and duration. Garage sales are permitted for no more than four sales during a calendar year located on the same occupied residential or nonresidential property and such sales are limited to a duration of three days. Garage sales are prohibited between the hours of 7:00 p.m. and 7:00 a.m. Sec. 12-44. -License and fees. It shall be unlawful for any person to conduct a garage sale in the city without first filing with the city the information hereinafter specified and obtaining from the city a license to do so, to be known as a "garage sale license." The fee for such license shall be established by the city council pursuant to the information contained in the appropriate fee resolution. Sec. 12-45. -Information to be filed. The information to be filed with the city, pursuant to this article, shall be as follows: (1) Name of person, firm, group, corporation, association or organization conducting said sale. (2) Name of owner of the property on which said sale is to be conducted and consent of owner if applicant is other than owner. (3) Location at which sale is to be conducted. (4) Number of days for sale (one, two or three); not to exceed three. (5) Date and nature of any past sale. 4 StPAEe Offough passages are deleted. Underlined passages are added. #2015-0-05 (6) Relationship or connection applicant may have had with any other person, firm, group, organization, association or corporation conducting said sale and the date or dates of such sale. (7) Whether or not applicant has been issued any other vendor's license by any local, state or federal agency. (8) Sworn statement or affirmation by the person signing that the information therein given is full and true and known to them to be so. Sec. 12-46. - Signs. Signs notifying, directing and advertising the garage sale are permitted as follows: (1) A maximum of one on-site sign of not more than four square feet shall be allowed at the authorized sale location. The on-site sign shall be removed and disposed of within 24 hours after the conclusion of the garage sale. (2) A maximum of two off-site signs of not more than four square feet shall be allowed. All off-site signs can only be placed with the property owner's permission on private residential property and located within one-half mile of the authorized sale location. Signs may not be displayed more than one hour prior to the sale and shall be removed and disposed of within one hour after the conclusion of the garage sale. All signs must have date of the sale affixed to the sign. (3) Signs placed in the right-of-way or signs found in violation of this section shall be considered abandoned snipe signs and shall be removed as outlined in section 21.60- 04(a) of the Land Development Code. Sec. 12-47. -Parking. Vehicles at the garage sale shall be parked and conducted in compliance with all applicable laws and ordinances. The permittee shall be responsible for enforcing such additional temporary controls as are needed to alleviate any special hazards and/or congestion created by the garage sale. Any officer of the city police department or code enforcement division who determines a hazard exists may suspend the sale immediately for the safety and welfare of the general public. Sec. 12-48. -Display of sale property. (a) No property offered for sale during a garage sale shall be displayed outdoors except on the driveway or other private property at least 15 feet from any right-of-way. No property shall be displayed for sale upon any right-of-way. (b) All unsold items must be stored within a fully enclosed structure at the conclusion of a garage sale and shall be removed or packed in such a manner as not visible from any public street or abutting properties. Sec. 12-49. -Penalty for violation of article. A violation of this article, except as otherwise provided, constitutes a civil infraction punishable by a civil penalty not to exceed $500.00. Penalties for violation of specific sections of this article shall be established by resolution of the city council. If a person who has committed the violation does not contest the citation, a civil penalty of less than the maximum allowed will be assessed. Any citation may be contested in county court. 5 StPAEe Offough passages are deleted. Underlined passages are added. #2015-0-05 Sec. 12-50-12-59. -Reserved. 6 StPAEo Offough passages are deleted. Underlined passages are added. #2015-0-05 le 104 N. Riverside Drive City of Edgewater Edgewater, FL 32132 R Legislation Text File #: 2015-R-07, Version: 3 COUNCIL AGENDA ITEM SUBJECT: Resolution 2015-R-07 Approving the Local Agency Program (LAP) Supplemental Amendment #1 between the City of Edgewater and the Florida Department of Transportation (FDOT) for the State Road 5 (US 1) Sidewalk Project from Volco Road to just south of Woodley Avenue,FPN # 430183-1-58/68-01 DEPARTMENT: Leisure Services SUMMARY: The FDOT has requested the City of Edgewater to execute the Supplemental Amendment #1 for Project Number FPN #430183-1-58/68-01, for the construction and CEI services necessary for the State Road 5 (US 1) Sidewalk Project from Volco Road to just south of Woodley Avenue. The total length of the project is approximately 3.3 miles. The reason for this supplement is due to the limits of the project description need to be corrected from what was initially stated in the LAP agreement. The limits are now corrected to "State Road 5 (US 1) Sidewalk Project from Volco Road to just south of Woodley Avenue at Station 814-89.56". Additionally, to reduce the amount of Federal funding to an amount equal to the project construction and AT&T utility reimbursable work contract award amount of $990,152.00 of which the amount of ($13,335.00) is for separate utility work, funded by the City. As well as reduce the consultant engineering contract award amount to an amount equal to the project consultant engineering contract award amount of$175,894.00. FDOT has agreed to encumber an additional $8,855.00 of Federal funds for the construction phase and $9,106.00 for the consultant engineering phase of the project. BUDGETED ITEM: ® Yes ❑ No ❑ Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes ® No ❑ Not Applicable RECOMMENDED ACTION: Motion to approve Resolution 2015-R-07, the LAP Supplemental Amendment #1 with FDOT and authorize the Mayor to execute the agreement and the appropriate budget amendment. City of Edgewater Page 1 of 1 Printed on 1/23/2015 powered by LegistarTM RESOLUTION NO. 2015-R-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA; RESOLUTION FOR APPROVAL AND EXECUTION OF THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) LOCAL AGENCY PROGRAM (LAP) SUPPLEMNENTAL AMENDMENT #1 FOR FPN #430183-1-58/68-01 RELATING TO STATE ROAD 5 (US 1) SIDEWALK PROJECT FROM VOLCO ROAD TO JUST SOUTH OF WOODLEY AVENUE AT STATION 814+89.56; REPEALING RESOLUTIONS IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Edgewater and the Florida Department of Transportation (FDOT) desire to facilitate the Local Agency Program (LAP) Project (FPN 9430183-1-58/68-01) known as "State Road 5 (USl) Sidewalk Project from Volco Road to just south of Woodley Avenue at Station 814+89.56". WHEREAS, the FDOT has requested the City of Edgewater to execute and deliver the Supplemental Amendment 91 for the Local Agency Program Agreement for the aforementioned project, FPN 9430183-1-58/68-01. NOW,THEREFORE,be it resolved by the City Council of Edgewater, Florida: Section 1. The City Council of the City of Edgewater hereby approves Supplemental No. 1 to the Local Agency Program (LAP) Project(FPN 9430183-1-58/68-01) known as "State Road 5 (USl) Sidewalk Project from Volco Road to just south of Woodley Avenue at Station 814+89.56". Section 2. The City Council hereby authorizes the Mayor to execute Supplemental No. 1 to the Local Agency Program (LAP) Project (FPN 430183-1-58/68-01) known as "State Road 5 (USl) Sidewalk Project from Volco Road to just south of Woodley Avenue at Station 814+89.56",which is attached hereto and incorporated herein as Exhibit"A". 2015-R-07 1 After a motion to approve by with Second by the vote on this resolution held on February 2, 2015 was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Dan Blazi Councilman Gary T. Conroy PASSED AND DULY ADOPTED this 2nd day of February, 2015. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA By: Bonnie Wenzel Mike Ignasiak City Clerk Mayor Tracey T. Barlow City Manager For the use and reliance only by the City of Edgewater, Approved by the City Council of the City of Edgewater Florida. Approved as to form and legality by: at a meeting held on this 2nd day of February,2015 Aaron R.Wolfe,Esquire under City Attorney Agenda Item No. 8 Doran,Sims,Wolfe,Kundid, Ciocchetti& Wagner 2015-R-07 2 525-010-32 PRODUCTION SUPPORT 09/11 Page 1 of 5 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN 1 LOCAL AGENCY PROGRAM 430183-1-58/68-01 DUNS NO. SUPPLEMENTAL CONTRACT NO. 80-939-7102 AGREEMENT ARE43 The City of Edgewater and the Florida Department of Transportation desires to supplement the original Agreement entered into and executed on May 12, 2014 as identified above. All provisions in the original Agreement and supplements, if any, remain in effect except as expressly modified by this supplement. The changes to the Agreement and supplements, if any, are described as follows: PROJECT DESCRIPTION Name State Road 5(US 1)sidewalk protect Length 3.3 miles Termini State Road 5(US 1)from Volco Road to lust south of Woodley Avenue at Station 814+89.56 Description of Work: The project involves the construction of concrete sidewalk along the east and west sides of SR 5 (US 1)from Volco Road to just south of Woodley Avenue @ Station 814+89.56, 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 just south of Woodley Avenue. 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 Reason for Supplement and supporting engineering and/or cost analysis: The limits of the project description need to be corrected from what was initially stated in the LAP agreement. The limits are now corrected to"State Road 5 (US 1)from Volco Road to just south of Woodley Avenue at Station 814+89.56." Pursuant to Paragraph 4.0 Project Estimate and Disbursement Schedule of the Local Agency Program Agreement, the Agency and the Department acknowledge and agree that the Schedule of Funding for construction that includes the authorized and encumbered Federal funding for the project shall be reduced to an amount equal to the Agency's construction and AT&T utility reimbursable work contract award amount of$990,152.00, of which the amount of($13,335.00) is for separate utility work (updated on page 3, Adjusted Exhibit B—Schedule of Funding), being funded by the Agency. The Agency and the Department also acknowledge and agree that the Schedule of Funding for consultant engineering inspection services that includes the authorized and encumbered Federal funding for the project shall be reduced to an amount equal to the Agency's consultant engineering contract award amount of$175,894.00. The Department has agreed to encumber, in addition to the Agency's contract award amounts, the amount of$8,855.00 in Federal Aid authorized funds on the construction phase and the amount of$9,106.00 in Federal Aid authorized funds on the consultant engineering inspection phase for potential participation in reimbursement of eligible additional costs directly associated with construction contract modifications. To be considered for reimbursement with Federal Aid participation, the additional costs directly associated with construction contract modifications must comply with the eligible requirements documented in Chapter 7 of the FDOT Construction Project Administration Manual (CPAM)and with all Local Agency Program procedures. The Department and FHWA solely reserve the 525-010-32 PRODUCTION SUPPORT 09/11 Page 2 of 5 right to determine the extent of Federal Aid participation of all additional costs submitted by the Agency for reimbursement. The Agency acknowledges: (1) Full responsibility for payment of all additional construction and consultant engineering inspection costs directly associated with construction contract modifications in advance; and, (2) that the Department and FHWA are under no obligation to participate in said additional costs if they determine that said costs are not associated with eligible construction contract modifications. The Agency further agrees that the total funding, as may be supplemented in accordance with the terms and limitations of this paragraph, will constitute the maximum limiting amount eligible for reimbursement and no additional funding will be available for this project. All change orders added to the Agency's contract will require review and approval by the Department (per standard construction administration and oversight procedure, Chapter 22, LAP Manual.) If an Agency authorizes or performs a change of work prior to receiving concurrence from the District LAP Administrator(or delegate), the change will not be eligible for reimbursement. The Agency will incur the entire cost of the changes per Chapter 22 of the LAP Manual. Said revisions are reflected in the Adjusted Schedule of Funding, attached hereto and incorporated herein, as Exhibit"B." 525-010-32 PRODUCTION SUPPORT 09/11 ADJUSTED EXHIBIT B SCHEDULE OF FUNDING Page 3 of 5 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN LOCAL AGENCY PROGRAM SUPPLEMENTAL 430183-1-58/68-01 DUNS NO. AGREEMENT CONTRACT NO. 80-939-7102 ARE43 FUNDING TYPE OF WORK By Fiscal Year PREVI UtS TOTAL ADDITIONAL CURRENT TOTAL TOTAL(4)AGENCY TOTAL(5)STATE& PROJECT FUNDS PROJECT FUNDS PROJECT FUNDS FUNDS FEDERAL FUNDS Planning FY: FY: FY: FY: FY: FY: Total Planning Cost $0.00 $0.00 $0.00 $0.00 $0.00 Project Development& Environment(PD&E) FY: FY: FY: FY: FY: FY: Total PD&E Cost $0.00 $0.00 $0.00 $0.00 $0.00 Design FY: FY: FY: FY: FY: FY: Total Design Cost $0.00 $0.00 $0.00 $0.00 $0.00 Right-of-Way FY: FY: FY: FY: FY: FY: Total Right-of-Way Cost $0.00 $0.00 $0.00 $0.00 $0.00 Construction FY: 2013-2014 $1,012,342.00 $1,012,342.00 $13,335.00 $999,007.00 FY: FY: FY: FY: FY: Total Construction Cost $1,012,342.00 $0.00 $1,012,342.00 $13,335.00 $999,007.00 Construction Engineering and Inspection(CEI) FY: 2013-2014 $185,000.00 $185,000.00 $0.00 $185,000.00 FY: FY: FY: FY: FY: Total CEI Cost $185,000.00 $0.00 $185,000.00 $0.00 1 $185,000.00 Total Construction&CEI Costs $1,197,342.00 $0.00 $1,197,342.00 $13,335.00 $1,184,007.00 TOTAL COST OF THE $1,197,342.00 $0.00 $1.197.342.00 $13.335.00 $1.184.007.00 PROJECT 525-010-32 PRODUCTION SUPPORT 09/11 Page 4 of 5 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN LOCAL AGENCY PROGRAM SUPPLEMENTAL 430183-1-58/68-01 DUNS NO. AGREEMENT CONTRACT NO. 80-939-7102 ARE43 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: Name: Name: Title: Title: Administrative Assistant Date: Date: 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 PRODUCTION SUPPORT 08/06 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. le 104 N. Riverside Drive City of Edgewater Edgewater, FL 32132 R Legislation Text File #: AR-2014-617, Version: 1 COUNCIL AGENDA ITEM SUBJECT: Development Order (DO) extension request for two (2) years from the applicant for the Villas at Massey Ranch development project. DEPARTMENT: Development Services SUMMARY: The Villas at Massey Ranch project applicant has requested a two (2) year extension to the DO for said project. The Villas at Massey Ranch development project is a proposed six (6) townhome unit community located west of Massey Ranch Boulevard and east of the Massey Ranch Airpark runway. The property is currently vacant and comprises approximately 8.12 acres. The development currently has the required infrastructure installed and the applicant is currently completing improvements to said infrastructure requested by the Environmental Services Department. The original DO was approved on February 23, 2007 with an expiration date of February 23, 2008. An extension to the DO was approved pursuant to the Land Development Code with a revised expiration date of February 23, 2008. An additional extension to the DO was approved pursuant to Senate Bill 360 with a revised expiration date of February 23,2011. An extension to the DO was approved pursuant to Senate Bill 1752 with a revised expiration date of February 23,2013. City Council approved an additional extension on January 7, 2013 with an expiration date of February 23, 2015. If approved,the revised expiration date will be February 23,2017. BUDGETED ITEM: ❑ Yes ❑ No ® Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes ❑ No ® Not Applicable RECOMMENDED ACTION: Motion to approve the Development Order extension request City of Edgewater Page 1 of 1 Printed on 1/27/2015 powered by LegistarTM � W J --------Subject Property Parcel: 8438-01-00-0010 Massey Ranch BLVD L L� J Id , \ , \ , \ , \ , \ , , \ , \ , \ , , \ , , \ , \ , \ EDG .WATER O ®Subject Property G\SR Oale:1122 Ml \ e••;n%: :I I �A :j.4yy.•:?t'�.:.::,r.,e......,-ill'i �i -•4 i:...� "•}�� 'I r. � `� ^ AI Nvt o'er°y-c .$:, 8y 3 r iaii F• •s,`��,F�_, .. I - _ _J' ,.1,u•,> 55`4'/f t_F` 5 l/ •�.r, it t"'II' •r�'_• ..._.._...._.-- !••.1,. t , V 1 _ \'•` It ta ,r� ! 11 II�; -•L�,... r •'f y::•::' .Y`o.`, •i'''fs'. e /... i C: ,I yt L' i•i sY I y'./ =;o 11� ! '�' !`'�i��,�.,' � I �i' I :.•:r � •'t�r;��\j-s�/ •^��iVC i1!"COURT li i{ I ':L• -+o.` , 1 ,VII`,, �r V - ^ � � ��~ •-I ''=rli:.,(E'.1y�"• ,,.i I ;I•' I �I� �� u� ..,°'9 rr'F ..I ,"` `�'I �`" ,_ s^> tJ 89 a x f —w— F 1T 'W = i it i' HARPSTER ENGINEERING S SURVEYING,INC. Di k o R CONSULTANTS CIVIL ENGINEERS SURVEYORS PLANNERS wxx Ip 6 UWISED BU9NE15 11111 436 NORM GRANDVIEW AVENUE .—�_�' ? xvxe,a 0 OAYIONA BEAOH•R 32116 PHONE:(366)253-7241 FAX:(386)257-2501 r�l,M rn,w uw N ry p E--An-'mWOhwpstwng- V f]yQ• Tg 4 Y THEVILLAS AT MASSEY RANCH 11 FINAL SITE PLAN le 104 N. Riverside Drive City of Edgewater Edgewater, FL 32132 R Legislation Text File #: , Version: 1 COUNCIL AGENDA ITEM SUBJECT: Approval of the Victim of Crime Act (VOCA) Agreement DEPARTMENT: Police SUMMARY: The City of Edgewater has been participating with the State of Florida Attorney General's Office since 2005 with the Victim of Crime Act (VOCA). The federally funded grant will reimburse the City for funding of the Victim Advocate position in the amount of$35,000. The grant was submitted and received approval in September 2014 for the 2014/15 grant period. BUDGETED ITEM: ❑ Yes ❑ No ® Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes ❑ No ® Not Applicable RECOMMENDED ACTION: Staff recommends City Council approve the 2014/15 grant and authorize City Manager to sign Grant Application Checklist and Business Plan. City of Edgewater Page 1 of 1 Printed on 1/27/2015 powered by LegistarTM 2014/2015 AGREEMENT BETWEEN THE STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL AND Edgewater Police Department GRANT NO. V014-14110 THIS AGREEMENT is entered into in the City of Tallahassee, Leon County, Florida by and between the State of Florida, Office of the Attorney General, the pass-through agency for the Victims of Crime Act(VOCA), Catalog of Federal Domestic Assistance (CFDA)Number- 16.575, hereafter referred to as the OAG, an agency of the State of Florida with headquarters located at PL-01,The Capitol,Tallahassee, Florida 32399-1050, and the Edgewater Police Department, Post Office Box 100, Edgewater, Florida 32132-0100, hereafter referred to as the Provider. The parties hereto mutually agree as follows: ARTICLE 1. ENGAGEMENT OF THE PROVIDER The OAG hereby agrees to engage the Provider and the Provider hereby agrees to perform services as set forth herein. The Provider understands and agrees all services are to be performed solely by the Provider and may not be subcontracted or assigned without prior written consent of the OAG. The Provider agrees to supply the OAG with written notification of any change in the appointed representative for this Agreement. This Agreement shall be performed in accordance with the Victims of Crime Act(VOCA),Victim Assistance Grant Final Program Guidelines, Federal Register,Vol. 62,No. 77,April 22, 1997, pp. 19607-19621 and the U.S. Department of Justice, Office of Justice Programs, Financial Guide, incorporated herein by reference. ARTICLE 2. SCOPE OF WORK For the 2014/2015 grant period, the Provider will maintain a victim services program that will be available to provide services to victims of crime that are identified by the Provider and/or are presented to the Provider, as outlined in the 2014/2015 grant application approved by the OAG, incorporated herein by reference, unless otherwise approved by the OAG in writing. ARTICLE 3. TIME OF PERFORMANCE This Agreement shall become effective on October 1, 2014, or on the date when the Agreement has been signed by all parties, whichever is later, and shall continue through September 30, 2015. No costs incurred by the Provider prior to the effective date of said Agreement will be reimbursed and the Provider is solely responsible for any such expenses. 1 of 16 ARTICLE 4. AMOUNT OF FUNDS The OAG agrees to reimburse the Provider for services completed in accordance with the terms and conditions of the Agreement. The total sum of monies reimbursed to the Provider for the costs incurred under this Agreement shall not exceed $35,000. The Provider agrees not to commingle grant funds with other personal or business accounts. The U.S. Department of Justice, Office of Justice Programs, Financial Guide does not require physical segregation of cash deposits or the establishment of any eligibility requirements for funds which are provided to a recipient. However,the accounting systems of Providers must ensure OAG funds are not commingled with funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another. Where a Provider's accounting system cannot comply with this requirement, the Provider shall establish a system to provide adequate fund accountability for each project. In accordance with the provisions of Section 287.0582, F.S. (2013), if the terms of this Agreement and reimbursement thereunder extend beyond the current fiscal year,the OAG's performance and obligation to reimburse under this Agreement are contingent upon an annual appropriation by the Florida Legislature. This Agreement is contingent upon the OAG's Victims of Crime Act award funded through the U.S. Department of Justice, Office for Victims of Crime formula grant program. ARTICLE 5. REGISTRATION REQUIREMENTS Prior to execution of this Agreement,the Provider shall be registered electronically with the State of Florida at MyFloridaMarketPlace.com. If the parties agree that exigent circumstances exist that would prevent such registration from taking place prior to execution of this Agreement, then the Provider shall so register within twenty-one (2 1) days from execution. The online registration can be completed at http://dms.myflorida.com/dms/purchasing/myfloridamarketplace. The Provider agrees to comply with the applicable requirements regarding registration with the System for Award Management(SAM) (or with a successor government-wide system officially designated by OMB and OJP), and to acquire and provide a Data Universal Numbering System (DUNS) number. The Provider also agrees to applicable restrictions on subrecipients that do not acquire and provide a DUNS number.The details of Provider obligations are posted on the Office of Justice Programs web site at http://www.oip.gov/funding/sam.htm (Award condition: Registration with the System for Award Management and Universal Identifier Requirements), and are incorporated by reference here.This special condition does not apply to an award to-an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). ARTICLE 6. AUTHORIZED EXPENDITURES Only expenditures which are detailed in the approved budget of the grant application, a revised budget, or an amended budget approved by the OAG are eligible for reimbursement with grant funds. Any modification to the budget must be requested in writing to the OAG and will 2of16 require prior approval by the OAG. Modification approval is at the discretion of the OAG. The Provider acknowledges and agrees any funds reimbursed under this Agreement must be used in accordance with the Victims of Crime Act,Victim Assistance Grant Final Program Guidelines, Federal Register, Vol. 62,No. 77,April 22, 1997, pp. 19607-19621, and the U.S. Department of Justice, Office of Justice Programs, Financial Guide incorporated herein by reference. For example, all grant-related purchases, including telephones and computers, must be used solely for VOCA-funded activities in equal proportion to the VOCA funded staff utilizing the item. The Provider and the OAG agree VOCA funds cannot be used as a revenue generating source and crime victims cannot be charged either directly or indirectly for services reimbursed with grant funds. Third party payers such as insurance companies,Victim Compensation, Medicare or Medicaid may not be billed for services provided by VOCA funded personnel to clients. Grant funds must be used to provide services to all crime victims, regardless of their financial resources or availability of insurance or third party reimbursements. The OAG and the Provider-further agree that travel expenses reimbursed with grant funds will be in accordance with all Section 112.061, F.S. (2013) requirements. Expenditures of state financial assistance must be in compliance with all laws, rules and regulations applicable to expenditures of State funds, including, but not limited to,the Reference Guide for State Expenditures. Only allowable costs resulting from obligations incurred during the term of the Agreement are eligible for reimbursement, and any balances of unobligated cash that have been advanced or paid that are not authorized to be retained for direct program costs in a subsequent period must be refunded to the State.Any funds paid in excess of the amount to which the Provider is entitled under the terms of the Agreement must be refunded to the State. The Provider shall reimburse the OAG for all unauthorized expenditures and the Provider shall not use grant funds for any expenditures made by the Provider prior to the execution of this Agreement or after the termination date of the Agreement. If the Provider is a unit of local or state government,the Provider must follow the written purchasing procedures of the government agency. If the Provider is a non-profit organization, the Provider agrees to obtain a minimum of three (3)written quotes for all single item grant-related purchases equal to or in excess of one thousand dollars ($1,000) unless it is documented that the vendor is a sole source supplier. The Provider understands and agrees that it cannot use any federal funds (including VOCA), either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries,without the express prior written approval of the U.S. Department of Justice, Office of Justice Programs. Providers must report suspected fraud, waste and abuse to the OAG, the Office of Inspector General at 850-414-3300. 3of16 ARTICLE 7. PROGRAM INCOME Providers must provide services to crime victims, at no charge, through the VOCA funded project. Upon request, the Provider agrees to provide the OAG with financial records and internal documentation regarding the collection and assessment of program income, including but not limited to victim compensation, insurance, restitution and direct client fees. ARTICLE 8. METHOD OF PAYMENT Payments under this Agreement shall be made on a cost reimbursement basis. Reimbursement shall be made monthly based on the Provider's submission and OAG approval of a monthly invoice, monthly performance report and all required supporting documentation. In accordance with Section 215.971 F.S. (2013), financial consequences are described in this Article of the Agreement. The Provider will be held responsible for maintaining a victim services program that will be available to provide services to victims of crime that are identified by the Provider and/or are presented to the Provider, and meeting the deliverables and the performance standards as outlined in the 2014/2015 VOCA Grant Application and approved by the OAG, incorporated herein by reference as Attachment"A,"unless otherwise approved by the OAG in writing.At a minimum,the agency will provide services to no less than 80 percent of the total number of projected victims. If the Provider does not maintain a victim services program that will be available to provide services to victims of crime and provide the anticipated total number of deliverables as outlined in Attachment"A,"without an approved justification, the final payment for the grant will be reduced by 5% of the total award amount as listed in Article 4. Payment for services shall be issued in accordance with the provisions of Section 215.422, F.S. (2013). Monthly performance reports must be completed and received with the monthly invoice to document the provision of the project deliverables. Reimbursement of a monthly invoice is contingent upon OAG receipt of the corresponding monthly performance report, and approval of the level of service provided during the report period. The monthly invoice,the monthly performance report and all required supporting documentation must be submitted to the OAG by the last day of the month immediately following the month for which reimbursement is requested. The Provider shall maintain documentation of all costs represented on the invoice. The OAG may require documentation of expenditures prior to approval of the invoice, and may withhold reimbursement if services are not satisfactorily completed or the documentation is not satisfactory. The final invoice is due to the OAG no later than 45 days after the expiration or termination of the Agreement. If the complete and correct invoices are not received within these time frames, all right to reimbursement may be forfeited, the OAG may not honor any subsequent requests, and the OAG may terminate the Agreement. 4of16 Any reimbursement due or any approval necessary under the terms of this Agreement may be withheld until all evaluation, financial and program reports due from the Provider, and necessary adjustments thereto, have been approved by the OAG. The Provider is required to inform the OAG if they are being investigated by a state agency for financial or programmatic issues. If it comes to the attention of the OAG that the Provider is being investigated,requests for reimbursement may not be processed until the matter is resolved and approved by the OAG. The Provider agrees to maintain and timely submit such progress, fiscal, inventory, and other reports as the OAG may require pertaining to this grant. The Provider is required to match the grant award as required in the VOCA Federal Guidelines. Match contributions of 20% (cash or in-kind) of the total cost of each VOCA project (VOCA grant plus match)must be reported monthly to the OAG. All funds designated as match are restricted to the same uses as the VOCA victim assistance funds and must be expended within the grant period. Unless otherwise approved by the OAG, match must be reported on a monthly basis consistent with the amount of funding requested for reimbursement. ARTICLE 9. VENDOR OMBUDSMAN Pursuant to Section 215.422(7), F.S. (2013),the Department of Financial Services has established a Vendor Ombudsman,whose duties and responsibilities are to act as an advocate for vendors who may have problems obtaining timely payments from state agencies. The Vendor Ombudsman may be reached at(850)413-5516. ARTICLE 10. LIABILITY AND ACCOUNTABILITY The Provider, if a non-profit entity, agrees to provide continuous and adequate director, officer, and employee liability insurance coverage against any personal liability or accountability by reason of actions taken while acting within the scope of their authority during the existence of this Agreement and any renewal(s)and extension(s)thereof. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. ARTICLE 11. INDEPENDENT CONTRACTOR The Provider agrees that it is an independent contractor and not an officer, employee, agent, servant,joint venture or partner of the State of Florida, except where the Provider is a state Agency. Neither the Provider nor its agents, employees, subcontractors or assignees shall represent to others that the Provider has the authority to bind the OAG.This Agreement does not create any right to any state retirement, leave or other benefits applicable to State of Florida personnel as a result of the Provider performing its duties or obligations under this Agreement. The Provider agrees to take such actions as may be necessary to ensure that each subcontractor of the Provider will be deemed an independent contractor and will not be considered or permitted to be an employee, agent, servant,joint venturer, or partner of the State of Florida.The OAG will not furnish services of support(e.g., office space, office supplies,telephone service, secretarial or clerical support)to the Provider, or its subcontractor or assignee, unless specifically agreed in writing by the OAG. 5of16 All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds and all necessary insurance for the Provider,the Provider's officers, employees, agents, subcontractors, or assignees shall be the sole responsibility of the Provider. ARTICLE 12. DOCUMENTATION AND RECORD RETENTION The Provider shall maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures of grant funds. The Provider shall maintain a file for inspection by the OAG or its designee, Chief Financial Officer, or Auditor General that contains written invoices for all fees, or other compensation for services and expenses, in detail sufficient for a proper pre-audit and post-audit. This includes the nature of the services performed or expenses incurred,the identity of the person(s) who performed the services or incurred the expenses,the daily time and attendance records and the amount of time expended in performing the services (including the day on which the services were performed), and if expenses were incurred, a detailed itemization of such expenses. Documentation, including audit working papers, shall be maintained at the office of the Provider for a period of five years from the termination date of the Agreement, or until the audit has been completed and any findings have been resolved, whichever is later. The Provider shall give authorized representatives of the OAG the right to access, receive and examine all records, books, papers, case files, documents, goods and services related to the grant. If the Provider fails to provide access to such materials,the OAG may terminate this Agreement. Section 119.071, and Section 960.15 F.S. (2013), provides that certain records received by the OAG are exempt from public record requests, and any otherwise confidential record or report shall retain that status and will not be subject to public disclosure. The Provider, by signing this Agreement specifically authorizes the OAG to receive and review any record reasonably related to the purpose of the grant as authorized in the original grant application and or the amendments thereto. Failure to provide documentation as requested by the OAG shall result in the suspension of further reimbursements to the Provider until requested documentation has been received, reviewed, and the costs are approved for reimbursement by the OAG. The Provider shall allow public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, unless the records are exempt under one of the provisions mentioned in the paragraph above, or are exempt from Section 119.071 F.S. (2013) or Section 24 (a) of Article I of the State Constitution and Chapter 119, Florida Statutes. Failure by the Provider to allow the aforementioned public access constitutes grounds for unilateral cancellation by the OAG at any time, with no recourse available to the Provider. The Provider shall also maintain all public records consistent with the State of Florida's record retention schedule. 6of16 ARTICLE 13. VICTIM ADVOCATE DESIGNATION The Provider agrees to have at least one staff member complete training through the OAG's Victim Services Practitioner Designation Training. ARTICLE 14. PROPERTY The Provider agrees to be responsible for the proper care and custody of all property purchased with grant funds and agrees not to sell,transfer, encumber, or otherwise dispose of property acquired with grant funds without the written permission of the OAG. If the Provider is no longer a recipient, all property acquired by grant funds shall be subject to the provisions of the U.S. Department of Justice, Office of Justice Programs, Office of the Comptroller Financial Guide. ARTICLE 15. AUDITS The administration of funds disbursed by the OAG to the Provider may be subject to audits and or monitoring by the OAG, as described in this section. This part is applicable if the Provider is a State or local government or a non-profit organization as defined in OMB CircularA-133, as revised. In the event another OMB Guidance Circular supersedes OMB Circular A-133,the information, guidance and requirements for audits provided in the newer circular will be applicable to this Agreement. 1. In the event the Provider expends $300,000 ($500,000 for fiscal years ending after December 31,2003)or more in Federal awards of any type in its fiscal year,the Provider must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Article 4 to this Agreement indicates the amount of Federal funds disbursed through the OAG by this Agreement. In determining the Federal awards expended in its fiscal year, the Provider shall take into account all sources of Federal awards, including Federal resources received from the OAG. 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 Provider 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 this part, the Provider shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB CircularA-133, as revised. 3. If the Provider expends less than $300,000 ($500,000 for fiscal years ending after December 31, 2003) 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. In the event the Provider expends less than $300,000 ($500,000 for fiscal years ending after December 31, 2003) in Federal awards in its fiscal year 7 of.ld and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be reimbursed from non- Federal funds (i.e., the cost of such an audit must be reimbursed from Provider resources obtained from other than Federal entities). ARTICLE 16. AUDIT REPORT SUBMISSION . Audits must be submitted no later than 180 days following termination or expiration of the Agreement, but may be submitted at a later date upon written approval of the OAG. 1. Copies of audit reports for audits conducted in accordance with OMB Circular A- 133, as revised, and required by this Agreement shall be submitted, when required by Section .320(d), OMB Circular A-133, as revised, by or on behalf of the Provider directly to each of the following: A. Office of the Attorney General Bureau of Advocacy and Grants Management PL-01,The Capitol Tallahassee, Florida 32399-1050 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320(e)and (f), OMB CircularA-133, as revised. 2. In the event that a copy of the financial reporting package for an audit required by Article 15 of this Agreement and conducted in accordance with OMB Circular A- 133, as revised, is not required to be submitted to the OAG for the reasons pursuant to Section .320(e)(2), OMB Circular A-133, as revised,the Provider shall submit the required written notification pursuant to Section .320(e)(2) and a copy of the Provider's audited schedule of expenditures of Federal awards directly to the OAG. 3. Any reports, management letters, or other information required to be submitted to the OAG pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, as revised, as applicable. 8of16 4. Providers should indicate the date the financial reporting package was delivered to the Provider in correspondence accompanying the financial reporting package. ARTICLE 17. MONITORING In addition to reviews of audits conducted in accordance with OMB CircularA-133, as revised, monitoring procedures may include, but not be limited to, on-site visits by OAG staff or its designee, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement,the Provider agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the OAG. The Provider further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the OAG, Chief Financial Officer,Auditor General or the U.S. Department of Justice. The Provider may not accept duplicate funding for any position, service or deliverable funded by the OAG. Duplicative funding is defined as more than 100% payment from all funding sources for any position, service or deliverable. If there are multiple funding sources and a program is funded by the OAG, the OAG or its designee has the right to review all documents related to those funding sources to determine whether duplicative funding is an issue. If duplicate funding is found, the Agreement may be suspended,terminated or both while the extent of the overpayment is determined. Failure to comply with state law, or the U.S. Department of Justice Programs, Financial Guide, may also result in the suspension,termination or both of the Agreement while the extent of the overpayment is determined.Absent fraud, in the event that there has been an overpayment to a Provider for any reason, including the afore- mentioned, if the amount of the overpayment cannot be determined to a reasonable degree of certainty, both parties agree that the Provider shall reimburse to the OAG one half of the monies previously paid to the Provider for that line item for the grant year in question. ARTICLE 18. RETURN OF FUNDS The Provider shall return to the OAG any overpayments made to the Provider for unearned income or disallowed items pursuant to the terms and conditions of this Agreement. In the event the Provider or any outside accountant or auditor determines that an overpayment has been made, the Provider shall immediately return to the OAG such overpayment without prior notification from the OAG. In the event the OAG discovers that an overpayment has been made, the contract manager, on behalf of the OAG, will notify the Provider and the Provider shall forthwith return the funds to the OAG. Should the Provider fail to immediately reimburse the OAG for any overpayment, the Provider will be charged interest at the lawful rate on the amount of the overpayment or outstanding balance thereof. 9of16 ARTICLE 19. PUBLIC ENTITY CRIME Pursuant to Section 287.133, F.S. (2013),the following restrictions are placed on persons convicted of public entity crimes to transact business with the OAG: When a person or affiliate has been placed on the convicted vendor list following a conviction for a public entity crime, he/she 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 the 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, F.S. (2013), for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. ARTICLE 20. GRATUITIES The Provider agrees that it will not offer or give any gift or any form of compensation to any OAG employee. As part of the consideration for this Agreement, the parties intend that this provision will survive the Agreement for a period of two years. In addition to any other remedies available to the OAG, any violation of this provision will result in referral of the Provider's name and description of the violation of this term to the'Department of Management Services for the potential inclusion of the Provider's name on the suspended vendors list for an appropriate period. The Provider will ensure that its subcontractors, if any, comply with these provisions. ARTICLE 21. PATENTS, COPYRIGHTS,AND ROYALTIES The Provider agrees that if any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith,the discovery or invention shall be deemed transferred to and owned by the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable materials are produced, the Provider shall identify all such materials to the Agency.Any and all copyrights accruing under or in connection with performance under this Agreement are hereby reserved to the State of Florida. The Provider shall indemnify and hold the OAG and its employees harmless from any claim or liability whatsoever, including costs and expenses, arising out of any copyrighted, patented, or unpatented invention, process, or article manufactured or used by the Provider in the performance of this Agreement. The Provider shall indemnify and hold the OAG and its employees harmless from any claim against the OAG for infringement of patent, trademark, copyright or trade secrets. The OAG will provide prompt written notification of any such claim. During the pendency of any claim of infringement, the Provider may, at its option and expense, procure for the OAG, the right to continue use of,.or replace or modify the article to render it non-infringing. If the Provider uses any design, device, or materials covered by letters patent, or copyright, it is mutually agreed and understood without exception the compensation paid 10 of 16 pursuant to this Agreement includes all royalties or costs arising from the use of such design, device, or materials in any way involved in the work contemplated by this Agreement. Subcontracts must specify that all patent rights and copyrights are reserved to the State of Florida. ARTICLE 22. INDEMNIFICATION To the extent permissible under Florida law,the Provider shall be liable for and indemnify, defend, and hold the OAG and all of its officers, agents, and employees harmless from all claims, suits,judgments, or damages, including attorneys'fees and costs, arising out of any act or omission or neglect by the Provider and its agents, employees and subcontractors during the performance or operation of this Agreement or any subsequent modifications or extensions thereof. The Provider's evaluation or inability to evaluate its liability shall not excuse the Provider's duty to defend and to indemnify the OAG within seven(7) days after notice by the OAG. After the highest appeal taken is exhausted, only an adjudication or judgment specifically finding the Provider not liable shall excuse performance of this provision. The Provider shall pay all costs and fees including attorneys'fees related to these obligations and their enforcement by the OAG. The OAG's failure to notify the Provider of a claim shall not release the Provider from these duties. The Provider shall not be liable for any sole negligent acts of the OAG. ARTICLE 23. TERMINATION OF AGREEMENT This Agreement may be terminated by the OAG for any reason upon five (5) days written notice via certified mail. In the event this Agreement is terminated,the Provider shall deliver documentation of ownership or title, if appropriate for all supplies, equipment and personal property purchased with grant funds to the OAG, within 30 days after termination.Any finished or unfinished documents, data, correspondence, reports and other products prepared by or for the Provider under this Agreement shall be made available to and for the exclusive use of the OAG. Notwithstanding the above, the Provider shall not be relieved of liability to the OAG for damages sustained by the OAG by virtue of any termination or breach of this Agreement by the Provider. In the event this Agreement is terminated, the Provider shall be reimbursed for satisfactorily performed and documented services provided through the effective date of termination. ARTICLE 24. AMENDMENTS Except as provided under Article 6,Authorized Expenditures, modification of any provision of this Agreement must be'mutually agreed upon by all parties, and requires a written amendment to this Agreement. 11 of 16 ARTICLE 25. NONDISCRIMINATION Recipients of federal financial assistance must comply with applicable federal civil rights laws, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act(42 U.S.C. §10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §7 94),Title II of the Americans with Disabilities Act of 1990 (42 U.S.C.§ 12131-34);Title IX of the Education Amendments of 1972 (20 U.S.C. §§1681, 1683, 1685-86); the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); and Exec. Order 1.3279 (67 Fed. Reg. 241). Pursuant to applicable federal Iaws and Section 760, F.S. (2013),the Provider agrees not to discriminate against any client or employee in the performance of this Agreement or against any applicant for employment because of age, race, religion, color, disability, national origin, marital status or sex. The Provider further assures that all contractors, subcontractors, sub- grantees, or others with whom it arranges to provide services or benefits to clients or employees in connection with any of its programs and activities are not discriminating against those clients or employees because of age, race, religion, color, disability,national origin, marital status or sex. The Provider must have policies and procedures in place for responding to complaints of discrimination that employees and beneficiaries file directly with the Provider. Information provided by the Department of Justice, Office of Justice Programs,to assist with policy and procedure development is available at http://oip.gov/about/offices/ocr.htm. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color,religion, national origin, or sex against the Provider, the Provider will forward a copy of the findings to the Office of Justice Programs, Office for Civil Rights and the Florida OAG. As clarified by Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination on the basis of limited English proficiency(LEP). To ensure compliance with the Safe Streets Act and Title VI of the Civil Rights Act of 1964,the Provider must take reasonable steps to ensure that LEP persons have meaningful access to its programs and activities. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary.The Provider is encouraged to consider the need for language services for LEP persons served or encountered both in developing its budgets and in conducting its programs and activities. Additional assistance and information regarding your LEP obligations can be found at http://www.lep.gov. In accordance with federal civil rights laws, the Provider shall not retaliate against individuals for taking action or participating in action to secure rights protected by these laws. All Providers must complete a review of the Office of Justice Programs, Office for Civil Rights training modules and confirm compliance with this requirement to the OAG through self- 12 of 16 reporting by December 31, 2014. The training modules are available at http://oip.gov/about/ocr/assistance.htm. Pursuant to Section 287.134, F.S. (2013), an entity or affiliate on the Florida Department of Management Services' discriminatory vendor list may not transact business with any public entity. The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity Commission's Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 (June 2013), available at http://www.oip.usdoi.gov//about/ocr/pdfs/UseofConviction Advisor .pdf. Recipients should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light of the Advisory, recipients should consult local counsel in reviewing their employment practices. If warranted, recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans (EEOPs). ARTICLE 26. NONDISCRIMINATION IN PROGRAMS INVOLVING STUDENTS The Provider shall not use award funding to discriminate against students that are participating in (or benefiting from) programs that are funded by those same federal funds. For example, the Provider cannot use VOCA funding to treat a Catholic student differently than a non-Catholic student when both are applying for, or receiving benefits from, the VOCA program. This same protection also applies to the students'parents or legal guardians. ARTICLE 27. ACKNOWLEDGMENTS All publications, advertising or written descriptions of the sponsorship of the program shall state: "This project was supported by Award No. awarded by the Office for Victims of Crime, Office of Justice Programs. Sponsored by(name of Provider)and the State of Florida." The Provider is required to display a civil rights statement prominently on all publications, websites, posters and informational materials mentioning USDOJ programs in bold print and no smaller than the general text of the document. The full civil rights statement must be used whenever possible. Single page documents that do not have space for the full civil rights statement may contain a condensed version in a print size no smaller than the text used throughout the document. If the civil rights statement is missing on a publication,the statement must be included the next time the publication is revised or reprinted and printed copies of the statement must be attached to the current supply of the publication until the next revision is reprinting. Full Civil Rights Statement: In accordance with federal law and U.S. Department of Justice policy,this organization is prohibited from discriminating on the basis of race, color, 13 of 16 national origin, religion, sex, age, or disability. To file a complaint of discrimination, call the Department of Legal Affairs, Federal Discrimination Complaint Coordinator, PL-01 The Capitol, Tallahassee, Florida, 32399, or call 850-414-3300, or write Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 7th Street, NW, Washington, DC 20531 or call 202-307-0690 (Voice) or 202-307-2027 (TDD/TYY). Individuals who are hearing impaired or have speech disabilities may also contact OCR through the Federal Relay Service at 800-877- 8339 (TTY), 877-877-8982 (Speech), or 800-845-6136 (Spanish). Condensed Civil Rights Statement: The <organization name> is an equal opportunity provider and employer. The Provider is required to display the OAG's"Civil Rights Fact Sheet"at locations open to the public.The"Civil Rights Fact Sheet"will be provided by the OAG. ARTICLE 28. EMPLOYMENT The employment of unauthorized aliens by the Provider is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Provider knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. Any services performed by any such unauthorized aliens shall not be paid. The Provider shall utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of all persons hired during the Agreement term. ARTICLE 29.ADMINISTRATION OF AGREEMENT All approvals referenced in this Agreement must be obtained from the parties' contract administrators or their designees.The OAG's contract administrator is Christina F. Harris.All notices must be given to the parties'contract administrator. ARTICLE 30. TEXT MESSAGING Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009),the U.S. Department of Justice encourages subrecipients (Providers), to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. ARTICLE 31. SECTION 539 OF THE CONSOLIDATED AND FURTHER CONTINUING APPROPRIATIONS ACT, 2013, COMPUTER NETWORK REQUIREMENT Section 539 of the Consolidated and Further Continuing Appropriations Act, 2013 (which includes the Department of Justice Appropriations Act, 2013) provides— 14 of 16 (a)None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b)Nothing in subsection (a)shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. Any Provider that falls within the types of entities described in Section 539(b) is exempt from this requirement. Any Provider that did not fall under the exemption must comply with the requirement. Attachment"B" Section 539 Certification Form (Victims of Crime Act(VOCA) Special Conditions Certification Form) is hereby incorporated by reference. ARTICLE 32. ASSURANCES Attachment"C"Assurances is hereby incorporated by reference. ARTICLE 33. CERTIFICATION FORM Attachment"D" Certification Form is hereby incorporated by reference. ARTICLE 34. CONTROLLING LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida. Any and all litigation arising under the Agreement shall be instituted in the appropriate court in Leon County, Florida. ARTICLE 35. AGREEMENT AS INCLUDING ENTIRE AGREEMENT This instrument and the grant application embody the entire Agreement of the parties. There are no provisions,terms, conditions, or obligations other than those contained herein. This Agreement supersedes all previous communications,representations or Agreements on this same subject, verbal or written, between the parties. The Provider's signature below specifically acknowledges understanding of the fact that the privilege of obtaining a VOCA grant is not something this or any Provider is entitled to receive. This Agreement is for one time funding only. There is absolutely no expectation or guarantee, implied or otherwise, the Provider will receive VOCA funding in the future. The OAG strongly encourages the Provider to secure funding from other sources if the Provider anticipates the program will continue beyond the current grant year. 15 of 16 IN WITNESS WHEREOF,the OFFICE OF THE ATTORNEY GENERAL and the Edgewater Polic Department, have executed this Agreement. An orizing Official Director of Administration H1 C.1-� L e i �, rn Print Name Print Name Q�A'� I'A Date Date 596000314 FEID #of Provider SAMAS Code 16 of 16 (ATTACHMENT B) Category A Business Plan This form is to be completed by all departments to ensure grant readiness. Once completed please submit this form to the Grant Administrator. Where appropriate please write"NA"for not applicable. Department Name Police Department Department Grant Designee Michelle Grenham Granting Agency Office of the Attorney General Project Name VOCA Statement of Purpose: The purpose of this project is to provide Victim Advocacy Services to the citizens of Edgewater who have been victimized. Project/Product Description: Victim Advocate Services Benefit(s)to City/Department: The City is able to provide Victim Advocate services for any or all or the citizens that want/need it. Use of Funds: The Grant funds will be used to pay the Salary of the Victim Advocate Engineering Services: Not Applicable Permit(s): Not Applicable Signatuml6f Department Director Date Do Not Write Below This Line Rev ed—G in strator Date � 1 Rev ed— inane Director ate prove isapproved City Manager Date (ATTACHMENT A) Grant Application Checklist This form is to be completed by all departments to ensure grant readiness. Once completed please submit this form to the Grant Administrator. Where appropriate please write"NA"for not applicable. Department Name Department Grant Designee Edgewater PoliceDepartrnenbc Michelle Grenham Granting Agency Office of the Attorney General Grant Title Victim Advocate Grant Project Name VOCA Project Description Victim Advocate Project Timeline 10/1/2014 - 9/30/2015 Beginning and Ending Date Yes No Amount 1. Grant amount $35,000 2. Anticipated grant match and amount X 3. Do you have the appropriate match on hand? NIA If"No" please attach an explanation how match will be achieved. 4. if required,do you have the necessary permits in hand? NIA (Permits may take a year to receive) 5. Do you have a cost estimate for this project? NIA 6. Can this project be completed within the grant timeframe? X 7. Can you begin immediately after grant award? X 8. Multiple grants for this project? X If so attach separate detail identifying each grant&amount C "-3 Si ture of Department Director Date Do Not Write Below This Line Revi ed—G nu strator Date t R ewed—Fin Director ate ? � ah ppr isapproved City Manager ate le 104 N. Riverside Drive City of Edgewater Edgewater, FL 32132 R Legislation Text File #: AR-2014-616, Version: 1 COUNCIL AGENDA ITEM SUBJECT: March "Edgewater Expo" Parking Event Agreements DEPARTMENT: Finance SUMMARY: This year's Edgewater Expo event will be located between Kennedy and Menard Parks, Riverside Dr. and East Park Ave. Alternative parking areas that will conveniently accommodate visitors for the Expo event that is to occur on March 20, 21 and 22, 2015. These parking areas are the vacant lots located at the corner of Lamont and North Ridgewood Ave, property located with the Edgewater Cemetery and property located at East Park Avenue. The owners of the properties have agreed to allow the City of Edgewater to use the properties subject to the terms and conditions set forth in the attached agreement. Parking to be provided at: First Baptist Church of Edgewater United Methodist Church of Edgewater Now, Inc Edgewater-New Smyrna Cemetery BUDGETED ITEM: ❑ Yes ❑ No ® Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes ❑ No ® Not Applicable RECOMMENDED ACTION: Authorize the Mayor to execute the Event License agreements with First Baptist Church of Edgewater, United Methodist Church of Edgewater, Edgewater-New Smyrna Cemetery and Now, Inc. parking during the Edgewater Expo to occur on March 20, 21 and 22,2015. City of Edgewater Page 1 of 1 Printed on 1/27/2015 powered by LegistarTM CITY OF EDGEWATER EVENT LICENSE AGREEMENT (PARKING—EDGEWATER EXPO—MARCH 2O-22 2014) THIS CITY OF EDGEWATER EVENT LICENSE AGREEMENT (this "License Agreement") is made and entered into this day of , 2015, by and between the CITY OF EDGEWATER ("City") and FIRST BAPTIST CHURCH OF EDGEWATER, INC., whose address is 130 East Park Avenue, Edgewater, Florida 32132 ("Owner"). WITNESSETH: WHEREAS, the City is sponsoring an EdgeFest Event, which will be held on March 20- 22, 2015, within the City of Edgewater(the "Event"); and WHEREAS, it is anticipated that the parking requirements for this event will exceed the number of parking spaces the City can safely provide on City property; and WHEREAS, Owner is the owner of that certain parcel of property being located within the City of Edgewater at the corner of Lamont and North Ridgewood Avenue (the "Property"); and WHEREAS, the Property is a suitable parcel of property for temporary parking purposes for the Event; and WHEREAS, Owner has agreed to allow for the free temporary parking on the Property by the general public for the Event subject to the terms and conditions set forth in this License Agreement. NOW, THEREFORE, in consideration of the premises, and in further consideration of the covenants and benefits flowing between the parties as set forth herein below, the City and Owner, each intending to be bound, hereby agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. 2. Authority. Owner warrants and represents that it has fee simple title to the Property and that Owner has full right, authority and capacity to execute this License Agreement. 3. Grant of License: Term. Owner hereby grants to City a license for vehicles to cross over and upon and park on the Property free of charge in connection with the Event. The license granted herein may be utilized by the City and its invitees attending the Event. The license shall be effective only on March 20-22, 2015. 4. Insurance: Indemnification. In consideration of the granting of the license, the City agrees to maintain adequate insurance coverage for the uses of the Property as contemplated herein. In addition, to the extent permitted by law, the City hereby agrees to indemnify and hold Owner harmless from and against all personal injury or death, loss of or damage to personal property, loss, liability, costs, claims, demands, damages, actions, causes of action, suits and expenses arising out of any act or omission by the City or its agents, subcontractors or employees; however, nothing contained herein shall serve or allow any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. 5. Maintenance: Clean-up. The City hereby agrees to clear the Property of trash and debris following the Event and otherwise to reasonably return the Property to its condition prior to the Event. IN WITNESS WHEREOF, the parties hereto have caused this City of Edgewater Event License Agreement to be executed in their names as of the day and year first written above. WITNESSES: OWNER: FIRST BAPTIST CHURCH OF EDGEWATER,INC. Calvin Patrick Trustee Dated: ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA By: Bonnie Wenzel Mike Ignasiak 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 February 2, 2015 under Agenda Item No. City Attorney Doran, Sims,Wolfe,Kundid, Ciocchetti & Wagner CITY OF EDGEWATER EVENT LICENSE AGREEMENT (PARKING—EDGEWATER EXPO—MARCH 2O-22 2014) THIS CITY OF EDGEWATER EVENT LICENSE AGREEMENT (this "License Agreement") is made and entered into this day of , 2015, by and between the CITY OF EDGEWATER ("City") and UNITED METHODIST CHURCH, whose address is 211 N. Ridgewood Avenue, Edgewater, Florida 32132 ("Owner"). WITNESSETH: WHEREAS, the City is sponsoring an Edgewater Expo Event, which will be held on March 20-22, 2015,within the City of Edgewater(the "Event"); and WHEREAS, it is anticipated that the parking requirements for this event will exceed the number of parking spaces the City can safely provide on City property; and WHEREAS, Owner is the owner of that certain parcel of property being located within the City of Edgewater at the corner of Lamont and North Ridgewood Avenue (the "Property"); and WHEREAS, the Property is a suitable parcel of property for temporary parking purposes for the Event; and WHEREAS, Owner has agreed to allow for the free temporary parking on the Property by the general public for the Event subject to the terms and conditions set forth in this License Agreement. NOW, THEREFORE, in consideration of the premises, and in further consideration of the covenants and benefits flowing between the parties as set forth herein below, the City and Owner, each intending to be bound, hereby agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. 2. Authority. Owner warrants and represents that it has fee simple title to the Property and that Owner has full right, authority and capacity to execute this License Agreement. 3. Grant of License: Term. Owner hereby grants to City a license for vehicles to cross over and upon and park on the Property free of charge in connection with the Event. The license granted herein may be utilized by the City and its invitees attending the Event. The license shall be effective only on March 20-22, 2015. 4. Insurance: Indemnification. In consideration of the granting of the license, the City agrees to maintain adequate insurance coverage for the uses of the Property as contemplated herein. In addition, to the extent permitted by law, the City hereby agrees to indemnify and hold Owner harmless from and against all personal injury or death, loss of or damage to personal property, loss, liability, costs, claims, demands, damages, actions, causes of action, suits and expenses arising out of any act or omission by the City or its agents, subcontractors or employees; however, nothing contained herein shall serve or allow any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. 5. Maintenance: Clean-up. The City hereby agrees to clear the Property of trash and debris following the Event and otherwise to reasonably return the Property to its condition prior to the Event. IN WITNESS WHEREOF, the parties hereto have caused this City of Edgewater Event License Agreement to be executed in their names as of the day and year first written above. WITNESSES: OWNER: UNITED METHODIST CHURCH Reverend Gary Tarleton Dated: ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA By: Bonnie Wenzel Mike Ignasiak 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 February 2, 2015 under Agenda Item No. City Attorney Doran, Sims,Wolfe,Kundid, Ciocchetti & Wagner CITY OF EDGEWATER EVENT LICENSE AGREEMENT (PARKING—EDGEWATER EXPO—MARCH 2O-22 2014) THIS CITY OF EDGEWATER EVENT LICENSE AGREEMENT (this "License Agreement") is made and entered into this day of , 2015, by and between the CITY OF EDGEWATER ("City") and NOW, INC., whose address is 115 North Ridgewood Avenue, Edgewater, Florida 32132 ("Owner"). WITNESSETH: WHEREAS, the City is sponsoring an EdgeFest Event, which will be held on March 20- 22, 2015,within the City of Edgewater(the "Event"); and WHEREAS, it is anticipated that the parking requirements for this event will exceed the number of parking spaces the City can safely provide on City property; and WHEREAS, Owner is the owner of that certain parcel of property being located within the City of Edgewater at the corner of Lamont and North Ridgewood Avenue (the "Property"); and WHEREAS, the Property is a suitable parcel of property for temporary parking purposes for the Event; and WHEREAS, Owner has agreed to allow for the free temporary parking on the Property by the general public for the Event subject to the terms and conditions set forth in this License Agreement. NOW, THEREFORE, in consideration of the premises, and in further consideration of the covenants and benefits flowing between the parties as set forth herein below, the City and Owner, each intending to be bound, hereby agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. 2. Authority. Owner warrants and represents that it has fee simple title to the Property and that Owner has full right, authority and capacity to execute this License Agreement. 3. Grant of License: Term. Owner hereby grants to City a license for vehicles to cross over and upon and park on the Property free of charge in connection with the Event. The license granted herein may be utilized by the City and its invitees attending the Event. The license shall be effective only on March 20-22, 2015. 4. Insurance: Indemnification. In consideration of the granting of the license, the City agrees to maintain adequate insurance coverage for the uses of the Property as contemplated herein. In addition, to the extent permitted by law, the City hereby agrees to indemnify and hold Owner harmless from and against all personal injury or death, loss of or damage to personal property, loss, liability, costs, claims, demands, damages, actions, causes of action, suits and expenses arising out of any act or omission by the City or its agents, subcontractors or employees; however, nothing contained herein shall serve or allow any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. 5. Maintenance: Clean-up. The City hereby agrees to clear the Property of trash and debris following the Event and otherwise to reasonably return the Property to its condition prior to the Event. IN WITNESS WHEREOF, the parties hereto have caused this City of Edgewater Event License Agreement to be executed in their names as of the day and year first written above. WITNESSES: OWNER: NOW,INC. Mohammed M.Azam Owner/President Dated: ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA By: Bonnie Wenzel Mike Ignasiak 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 February 2, 2015 under Agenda Item No. City Attorney Doran, Sims,Wolfe,Kundid, Ciocchetti & Wagner CITY OF EDGEWATER EVENT LICENSE AGREEMENT (PARKING—EDGEWATER EXPO—MARCH 2O-22 2014) THIS CITY OF EDGEWATER EVENT LICENSE AGREEMENT (this "License Agreement") is made and entered into this day of , 2015, by and between the CITY OF EDGEWATER ("City") and EDGEWATER-NEW SMYRNA CEMETERY, STONEMOR PARTNERS L.P., whose address is 700 s. Ridgewood Ave. Edgewater, FL 32132 ("Owner"). WITNESSETH: WHEREAS, the City is sponsoring an Edgewater Expo Event, which will be held on March 20-22, 2015,within the City of Edgewater (the "Event"); and WHEREAS, it is anticipated that the parking requirements for this event will exceed the number of parking spaces the City can safely provide on City property; and WHEREAS, Owner is the owner of that certain parcel of property being located within the City of Edgewater at the corner of Lamont and North Ridgewood Avenue (the "Property"); and WHEREAS, the Property is a suitable parcel of property for temporary parking purposes for the Event; and WHEREAS, Owner has agreed to allow for the free temporary parking on the Property by the general public for the Event subject to the terms and conditions set forth in this License Agreement. NOW, THEREFORE, in consideration of the premises, and in further consideration of the covenants and benefits flowing between the parties as set forth herein below, the City and Owner, each intending to be bound, hereby agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. 2. Authority. Owner warrants and represents that it has fee simple title to the Property and that Owner has full right, authority and capacity to execute this License Agreement. 3. Grant of License: Term. Owner hereby grants to City a license for vehicles to cross over and upon and park on the Property free of charge in connection with the Event. The license granted herein may be utilized by the City and its invitees attending the Event. The license shall be effective only on March 20-22, 2015. 4. Insurance: Indemnification. In consideration of the granting of the license, the City agrees to maintain adequate insurance coverage for the uses of the Property as contemplated herein. In addition, to the extent permitted by law, the City hereby agrees to indemnify and hold Owner harmless from and against all personal injury or death, loss of or damage to personal property, loss, liability, costs, claims, demands, damages, actions, causes of action, suits and expenses arising out of any act or omission by the City or its agents, subcontractors or employees; however, nothing contained herein shall serve or allow any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. 5. Maintenance: Clean-up. The City hereby agrees to clear the Property of trash and debris following the Event and otherwise to reasonably return the Property to its condition prior to the Event. IN WITNESS WHEREOF, the parties hereto have caused this City of Edgewater Event License Agreement to be executed in their names as of the day and year first written above. WITNESSES: OWNER: EDGEWATER-NEW SMYRNA CEMETERY, STONEMOR PARTNERS L.P. Dated: ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA By: Bonnie Wenzel Mike Ignasiak 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 February 2, 2015 under Agenda Item No. City Attorney Doran, Sims,Wolfe,Kundid, Ciocchetti &Wagner MISSION STATEMENT: KOOK 386 's mission is to provide a free daily safe haven for teens to just be KOOK 386, INC. themselves. We aim to provide middle and high school age students (13-19) with an escape from 2529 GUAVA DR. life's everyday troubles and outside pressures. EDGEWATER, FL 32141 Teens will be put first, and urged to be the best they can be. Here teens can supplement and 386-410-4765 (OFC) cultivate their education, explore and share their 386-314-5539 (CELL) 41 '- interests, dreams, and problems in a supervised, substance, bully, violence, and Mptuckkook386 @gmaiLcom +- FB: KOOK 386 •P� k Y c 7'' vie't,n9 i 4 r 1011L4 1 lee Do A 3 \�I �y i ' A ,1- \ f f \ 4 Oaks tY q c a -t ' I. 41 % - itt 1 ., 3 ^q 4 \ \¢ \` o Ai 1\ 2iM St 16.\ \ i. a = 386• • ...-.RiD4 S•17f• \ " ft i y % rt f \\ 3 -� Q 4\ \1 o q °My deret:MS Cana* negativity free environment. Teens can interact ■ '∎' .- , with their peers and engage in safe, recreational, - ( t •,-, ,r '' /. ' Ir.' t A social and educational programs and activities. ' i' s . ' ' I i / ' . ' ' ' The programs endeavor to build life experiences and teach responsibility, leadership, and promote individual self esteem. KOOK 386 is here to help smooth the path, and let teens know there is always a place to just "be". KOOK 386.Inc.is a Florida registered not for profit organization GET INVOLVED VOLUNTEER - - he vision/inspiration for KOOK Membership is free to middle and high school aged There are many ways to g et involved with KOOK 386 came from my daughter. On July 14, 2013, my 15 students. Please stop by and complete an application for your way 386. A contribution of our time is a wonderful wa to membership. All teens must get P• year old daughter, Morgan "Moe" "Mosleyy" Wellesley make a difference. parental or guardian permission and •A r , Background checks are a legal requirement that Tuck (Rainbird) took her life. Morgan was a gifted artist, 1� g 9 register with the teen center in order ensure member safety, and must be completed prior to singer,dancer, cheerleader,martial artist,photographer,and 4 ty. P P to be allowed access. volunteer placement. To find out what volunteer surfing student. Her laughter and smile was contagious, her � r;;. P eyes bluer, bigger and brighter than the deepest ocean. She KOOK 386 plans on opportunities we have and where your time can make the was a committed friend, challenging sister, loving and providing a variety of programs for biggest impact, please contact us. We have volunteer affectionate daughter, generous, kooky, quirky, teens to include: computer, homework assistance, fitness, opportunities for adults and teens alike.• spontaneous,and creative. She also had many demons. She nutrition, dance, music, r was bullied, depressed, and heartbroken. Morgan chose a -7• theater, movies, cultural field I , trips, sporting events, sports - permanent resolution to a temporary problem. f" . �;=w • Ten days after Morgan's suicide, four teenagers --' and athletic programs, games, ' `"' contests,and much more. �• who had attended Morgan's services were in a fatal car — For more info about KOOK 386, Inc. please y 'r`- accident. One boy,who had just turned 16 the night before P ty,,,, , , " �, Morgan's death,was killed.His cousin is scared for life and message us on 411$ or contact Michelle Tuck at(386)314- , l ... n another teen, 15,was airlifted to Halifax Hospital and put on 5539 or mptuck @earthlink.net or Eric Rainbird at (386) life support,made a miraculous full recovery. 314-5471 or erainbird@earthlink.net. 4: r! $. I now feel compelled to make a difference for the teens in our area. I believe our teens are in great need of DONATE 'it - something to do and a safe,bully free, fun place to do it. A place where they can grow, make new friends, be creative, KOOK 386, Inc. is a registered Florida Pictured above with local teens is Marc Mero of nonprofit organization and with the IRS as a 501c3 tax Champion of Choices, Thinkpos.org. Marc visited with stay away from the temptations that lead them into trouble, P P g and be themselves. exempt charity, so your donations are tax deductable. In Morgan's family and friends after hearing about her loss. order to keep the center free we rely I truly He continues to support this cause. ++q% i on donations from individuals and believe it takes a DONATE businesses alike. To donate by credit village. And we ■ We are always looking for donations of items for �� card, please go through our Y g are that village. �.- Gofundme account http://www.gofundme.com/KOOK386. the center. Items include couches, chairs, food, cleaning These are our --/ For more information please visit our FB page supplies, paper products, video games/equipment, TVs, kids, our future. hops://www.facebook.com/KOOK386. Please make checks sports equipment, exercise mats/equipment, small kitchen Morgan touched ✓ appliances/utensils,books,movies,etc. Please contact us on many lives. I payable to KOOK 386, Inc. and may be mailed to 2225 Fern Palm Drive,Edgewater,FL 32141. our FB page,call or email as directed herein. Thank you for want her death to not be in vein, I want her to continue to your support. Your gift will assure the continuance of this touch lives. Your gift will assure the continuance of this ---Michelle Provoncha Tuck,Morgan's Mom and program. We thank you, and the kids thank you for making program. President KOOK 386 a difference in our community. 1 LEI' a e A: ■' City of tEDGIATERI inc.1951 February 2,2015 Fred Costello, State Representative District 25 Office 209 Dunlawton Avenue, Suite#15 Port Orange, Florida 32127-4458 Re: St.Johns River Water Management District Grants Dear Representative Costello, >.; This will acknowledge receipt of your letter dated January 1, 2015 confirming your efforts and willingness to partner with local governments to improve/maintain/preserve both water quantity and quality. St. Johns River Water Management District setting aside funds for grants and leveraging their funds with State dollars was additional good news. Pursuant to your request for our "highest priority request" and five (5) year project plan, please find the following that the City of Edgewater would like to submit for: 1) Thomas Street Gravity Sewer Main and Stormwater Improvements ($1,200,000.00). This project is three (3)parts: a) Part 1- Allow the abandonment of 23 septic tanks on Thomas Street, Second Street,Third Street and Fourth Street. b) Part 2 - Create stormwater treatment prior to discharge to the river. Currently,the stormwater sheet flows directly to the river with no treatment. In addition,we have had some flooding problems on Fourth Street that could be reduced with this project. c) Part 3 - Paving of the side streets that are currently shell. Paving these streets will reduce the suspended solids into the river associated with runoff during larger storm events. Office of the Mayor P.O.Box 100•Edgewater,FL 32132-0100 (386)424-2400,Option#1&Ext. 1101 •Fax(386)424-2410 www.cituofedaewater.orq (Letter/Ltr-2015-004) Health&Human Services Committee Rules,Calendar&Ethics Committee Health Innovation Subcommittee tiff X: r Rulemaking Oversight&Repeal Education Appropriations Subcommittee wr Subcommittee Fred Costello State Representative, District 25 Fred.Costello@MyFloridaHouse.gov January 1,2015 Dear City Manager Barlow, I trust you had a blessed Holiday Season. As we look into the New Year, I want to take this opportunity to reaffirm my commitment to working with you to the benefit of our beloved Volusia County and to our constituents. I especially look forward to partnering with our local governments in our joint effort to improve/maintain/preserve both water quantity and quality, especially as related to our pristine waterways. Due to the recent announcement that the St. Johns River Water Management District has set aside $15 million for grants, it is timely to work together to leverage their funds along with State dollars. With this in mind, please send me your highest priority request including what your local investment will be, and what you hope to receive from SJRWMD, along with a five year project plan. This will help me to plan both a short and long term strategy that will have the best potential to benefit our area in future years. As always, please feel free to contact my office with any ideas or concerns facing water/wastewater and/or other infrastructure issues. We won't get everything done at once, but having your priorities will help us get started. Warm Regards, Fred Costello District 25 Office Becky Reichenberg,Legislative Aide Home Office 209 Dunlawton Ave,Suite 15 Rebecca.Reichenberg @MyFloridaHouse.gov 1301 C The Capitol Port Orange,FL 32127-4458 402 S Monroe Street 386-304-5511 Lynnette Phillips,Executive District Aide Tallahassee,FL 32399-1300 Lynnette.Phillips @MyFloridaHouse.gov 850-717-5025 Cats-of GEWATER The City Council will be holding a Business Workshop for current and prospective businesses in order to receive feedback regarding the Permitting Process and our Regulatory Codes . We need your input! Help us determine the best time, day, and topics: 1 . What time works best for you? 8 am, noon, 2 pm or 6 pm? 2 . Which day of the week is best for you during the week of March 23, 2015 ? 3 . Please submit your preferences and topics for consideration by clicking the link below no later than February 25, 2015. Thank you for your consideration. M 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 f w 1' d 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 g g (attached hereto and incorporated herein as Exhibit "A") and requests rP ) q 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 b r � 1 p � ��nc�«=1�;r�.n ��t�-c� with second b} t.,i)t LAC'.tlrnof) r , the vote on this resolution was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power 'K Councilwoman Gigi Bennington Councilman Michael Ignasiak X Councilman Gene Emter PASSED, APPROVED AND ADOPTED this 7th day of April, 2014. ATTEST: CIT COUNCIL OEvTIJE - �. ,.CITY OF ED' EWATER, FLORIDA .t0 OAL.74-2 0 \)(:\I I) I /1.,,z) Bonnie:Wenzel • Mike Thonte. ' City Clerk •• 'May or 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 t4 City Attorney 2014-R-09 • 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`h 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 12th 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 Trail b) Sidewalk/Trail on Hibiscus Dr. 16th Street south to 30`h Street c) Sidewalk/Trail on 16`h Street west to Mango Tree Dr. d) Sidewalk/Trail on Mango Tree Dr. from 16`h Street north to Park Ave. e) Sidewalk/Trail on Fern Palm Dr. from S.R. 442 north to Turgot Ave. 2014-R-09 4