09-25-2006 - Special/Regular
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V oting Order
Councilwoman Rogers
Councilman Vincenzi
Councilwoman Rhodes
Councilwoman Lichter
Mayor Thomas
AGENDA
CITY COUNCIL OF EDGEW A TER
SPECIAL MEETING
September 25, 2006
7:00 p.m.
COMMUNITY CENTER
A Special Meeting of the City Council is scheduled for Monday, September 25, 2006, at 7:00
p.m. in the Community Center prior to the regular meeting for the following:
1. Hold public hearings (2nd Readings) on Ord. No. 2006-0-28, adopting final millage rate of
6.15 mills per $1,000 of assessed taxable value and Ord. No. 2006-0-29, adopting final
budget for fiscal year 2006/2007.
2. ADJOURN.
V oting Order
Councilman Vincenzi
Councilwoman Rhodes
Councilwoman Lichter
Mayor Thomas
Councilwoman Rogers
AGENDA
CITY COUNCIL OF EDGEWATER
REGULAR MEETING
September 25, 2006
immediately following Special Meeting
COMMUNITY CENTER
We respectfully request that all electronic devices are set for no audible notification.
1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION
2. APPROV AL OF MINUTES - None at this time.
3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CER TIFICA TES/DONA TION
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. CITY COUNCIL REPORTS
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City Council Agenda
September 25,2006
Page -2-
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. Public Hearing, Jim Girvan, No Name Saloon, 2001 S. Ridgewood Avenue,
requesting a Special Activity Permit Biketoberfest 2006 events with outdoor
music to be held October 18 through 22, 2006.
Annexations:
B. 2nd Reading, Ord. No. 2006-0-31, Michael Wilde, agent for Bishop Thomas
Wenski, requesting annexation of 9.972= acres of property located at 2310 S.
Ridgewood Avenue.
C. 1 sl Reading, Ord. No. 2006-0-33, Mark Karet, agent for Edgewater Airpark,
LLC, requesting annexation of 0.602= acres of property located at 1840 Airpark
Road.
Ordinances:
D. 1 sl Reading, Ord. No. 2006-0-34, amendments/modifications to Ord. No. 99-0-
08, Ord. No. 2000-0-14 and the Police Retirement Plan. w;-I"do.~...
7. BOARD APPOINTMENTS
A. Economic Development Board:
1) Nomination by Councilman Vincenzi to fill a seat due to the expired term
of Hugh Sheenan, who is not seeking reappointment.
2) Nomination by Councilwoman Rhodes to fill a seat due to the resignation
of Fred Fathi.
8. 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. Victim Advocate Position - staff recommending approval to renew the grant-
funded position of Victim Advocate for FY 2006-2007 at an annual salary of
$36,082.00.
9. OTHER BUSINESS
A. Frances Drive Stormwater Improvement Proiect - staff recommending approval
of Not ice to Award bid to Barracuda Building Corporation for the"Project" in
the amount of$115,074 (funded entirely by CDBG funds) and authorize the
Mayor or City Manager to execute the documents.
B. Water/Wastewater Chemicals - staff recommending approval of Notice to
Award bids to O-N Minerals (Luttrel) Company for the purchase of High
Calcium Quicklime for an estimated annual expenditure of$183,596.00 and to
Airgas Carbonic for Liquid Carbon Dioxide for an estimated cost of
$39,000.00, and authorize Mayor or City Manager to execute the documents.
C. Interlocal Agreement - staff recommending approval of an Interlocal
Agreement for Water and Wastewater Services pertaining to Mission Oaks
Mobile Home Park and authorize the Mayor or City Manager to execute the
Agreement.
D. City Manager Agreement - approval of Agreement.
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City Council Agenda
September 25, 2006
Page -3-
10. OFFICER REPORTS
A. City Clerk
B. City Attorney
C. City Manager
11. CITIZEN COMMENTS/CORRESPONDENCE
A. Tentative Agenda Items
12. ADJOURN.
Note: All items for inclusion on the October 2, 2006, agenda must be received by the City
Manager's office no later than 4:30 p.m Friday, September 22,2006.
Pursuant to Chapter 286, F.s., if an individual decides to appeal any decision made with respect to any matter
considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that
a verbatim record of the proceedings is made. The City does not prepare or provide such record.
/n accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of
these proceedings should contact City Clerk Susan Wadsworth, 104 N. Riverside Drive, Edgewater, Florida, telephone
number 386-424-2407, 5 days prior to the meeting date. Jfyou are hearing or voice impaired, contact the relay
operator at /-800-955-877/.
1:\1 iz _ docs\agendas\092 5 06special®
AGENDA REQUEST
Date: September 14, 2006
PUBLIC
HEARING 09/25/2006
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Second public hearing ofthe following ordinances:
Ordinance No. 2006-0-28, establishes millage rates for fiscal year 2006-2007.
Ordinance No. 2006-0-29, adopts a final budget for fiscal year 2006-2007.
BACKGROUND:
In accordance with Florida statutory requirements, the City of Edgewater advertised a Notice of
Public Hearing informing the public/citizens of the Special Meeting/Public Hearing regarding the
final millage rate and budget for the fiscal year 2006-2007.
On July 24, 2006, Council approved advertising a millage rate of 6.45 mills per $1,000.00 of
assessed taxable value for the fiscal year beginning October 1, 2006 and ending September 30,
2007.
On August 31, 2006, at the Budget Workshop Staff recommended a millage rate of 6.15 mills per
$1,000.00 of assessed taxable value for the fiscal year beginning October 1, 2006 and ending
September 30, 2007.
On September 11, 2006, at the first public hearing Staff recommended and Council approved a
millage rate of 6.15 mills per $1,000.00 of assessed taxable value and adopted the proposed
budget for the fiscal year beginning Octoberl, 2006 and ending September 30, 2007.
STAFF RECOMMENDATION:
Staff respectfully recommends that Council consider approval of Ordinance No. 2006-0-28 and
Ordinance No. 2006-0-29 which adopts the final millage rates and budget for fiscal year 2006-
2007.
ACTION REQUESTED:
Motion to approve Ordinance No. 2006-0-28 and 2006-0-29.
Rev. 8/06
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO -.X
DATE:
AGENDA ITEM NO.
Respectfully submitted,
fl~L ~
Brett L. Tanner
Interim Finance Director
~.
~; . UA(ye~
Robin L. Matusick
Paralegal
1 ~ c. '-L) ,~~ "'\.,.\~'
Jon C. Williams \
City Manager
Rev. 8/06
ORDINANCE NO. 2006-0-28
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEW A TER, FLORIDA; ESTABLISHING MILLAGE
RA TES FOR THE CITY OF EDGEW A TER FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2006, AND ENDING
SEPTEMBER 30,2007, STATING THE PERCENTAGE BY
WHICH THE MILLAGE RATE EXCEEDS THE ROLLED-
BACK RATE COMPUTED PURSUANT TO SECTION 200.065,
FLORIDA ST A TUTES; PROVIDING FOR MILLAGE
ADJUSTMENT; PROVIDING FOR COLLECTION OF
TAXES; PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. The City of Edgewater, Florida, has received the report of the V olusia County
Property Appraiser dated July 1,2006, stating the amount of assessed values which he has certified
to the Florida Department of Revenue for non-exempt real and tangible personal property within the
City for the year 2006 for operating purposes; and
2. The City of Edgewater, Florida, has also received the report of the V olusia County
Property Appraiser dated July 1,2006, stating the amount of assessed values which he has certified
to the Florida Department of Revenue for non-exempt real and tangible personal property within the
City for the year 2006 for voted debt service purposes; and
3. In order to provide the revenue necessary for the operation of the City for its Fiscal
Year beginning October 1, 2006, and ending September 30,2007, the City Council of the City of
Edgewater has determined the rate of ad valorem tax levy that must be assessed for the year 2006;
4. In order to provide the revenue necessary to finance a voter approved capital
improvement project for a new animal adoption/rescue facility and to pay debt service on limited ad
St1l1ck tllIou~I, passages are deleted.
Underlined passages are added.
2006-0-28
valorem revenue bonds in connection therewith for its Fiscal Year beginning October I, 2006, and
ending September 30, 2007, the City Council of the City of Edgewater has determined the rate of
additional ad valorem tax levy that must be assessed for the year 2006 in connection with such voted
debt service; and
5. The provisions of Chapter 200 ofthe Florida Statutes prescribing the method offixing
millage have been complied with.
NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater,
Florida as follows:
SECTION 1. Authority. The City Council of the City of Edgewater has the authority to
adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters
166 and 200, Florida Statutes, and pursuant to City Ordinance No. 2004-0-26 and Proposition 4
thereof as approved by the electors of the City.
SECTION 2. Operating Millage Levy. The City Council of the City of Edgewater hereby
adopts, establishes and levies a millage rate for ad valorem taxation of real and business personal
property within the City of Edgewater, Florida, for the fiscal year beginning October I, 2006 and
ending September 30, 2007, at the rate of $6.15 per $1,000 of assessed valuation.
SECTION 3. Percentage Increase of Rolled-Back Rate. The millage rate, as herein levied,
exceeds the rolled-back rate computed pursuant to Section 200.065, Florida Statutes, by 24.95%,
such percentage increase being characterized as the percentage increase in property taxes adopted
by the City Council of the City of Edgewater.
SECTION 4. Voter Approved Debt Millage. The City Council of the City of Edgewater
hereby adopts, establishes and levies an additional millage rate for ad valorem taxation of real and
Stl tick till otl~11 passages are deleted.
Underlined passages are added.
2006-0-28
2
business personal property within the City of Edgewater, Florida, for the fiscal year beginning
October I, 2006 and ending September 30, 2007 at the rate of $0.0317 per $1,000 of assessed
valuation in order to fund a voter approved capital improvement project for a new animal
adoption/rescue facility and to pay debt service on limited ad valorem revenue bonds in connection
therewith.
SECTION 5. Percentage Increase of Rolled-Back Rate for Voter Approved Debt Millage.
This is a levy of the voter approved ad valorem tax in order to fund a voter approved capital
improvement project for a new animal adoption/rescue facility and to pay debt service on limited ad
valorem revenue bonds in connection therewith.
SECTION 6. Millage Adiustment. The City Council hereby authorizes the City Manager
to administratively provide the Property Appraiser with the millage adjustment, pursuant to his report
of the aggregate change in the assessment roll as provided for by Section 200.065(5), Florida
Statutes.
SECTION 7. Collection of Taxes. The tax shall be collected by the Volusia County Tax
Collector, subject to discounts prescribed by law, and distributed to the City in accordance with
Florida law.
SECTION 8. Severability. If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.,
SECTION 9. Effective Date. This Ordinance shall become effective immediately upon
passage and adoption.
Stl uck ti,l ou~h passages are deleted.
Underlined passages are added.
2006-0-28
3
SECTION 10.
Adoption.
After Motion to approve by Councilwoman Lichter and Second by Councilwoman Rhodes,
the vote on the first reading of this ordinance held on September 11, 2006, was as follows:
the vote on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
Stl tick till ougl. passages are deleted.
Underlined passages are added.
2006-0-28
4
PASSED AND DULY ADOPTED this 25th day of September, 2006.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
Strtlck t1,lotlgl. passages are deleted.
Underlined passages are added.
2006-0-28
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a special meeting held on this
25th day of September, 2006 under Agenda
Item No.1.
5
AGENDA REQUEST
Date: September 13,2006
PUBLIC
HEARING September 25,2006 RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION
Jim Girvan, owner of No Name Saloon, located at 2001 S. Ridgewood Avenue is requesting a
Special Activities permit for Biketoberfest 2006 events with outdoor music to be held October 18
through October 22, 2006.
BACKGROUND
The event is scheduled for October 18 through October 22, 2006, with the hours of operation being
from 1 :00 p.m. to 9:00 p.m., outdoor entertainment will be provided from 1 :00 p.m. to 9:00 p.m. No
amplified outdoor public address system will be permitted after 9:00 p.m. each day.
The applicant will be responsible for any law enforcement and other expenses the City incurs during
this event. Property owners within 500-feet have been notified of the public hearing.
Uniformed police detail officers shall be present during heavy attendance (October 20, 2006) to
facilitate safe crossing of U.S. Highway 1. Additional officers should be added if attendance exceeds
the capability of officers to handle flow or if pedestrian safety issues arise.
STAFF RECOMMENDATION
The Technical Review Committee has reviewed the application and recommends approval of the
special activities permit to allow No Name Saloon to hold Biketoberfest 2006 activities with outdoor
music from October 18 through October 22, 2006, based on following conditions:
1. All gates must remain unlocked for emergency ingress/egress;
2. Access must remain open to the rear of the building to allow emergency vehicle access to
open area on the south side of the business;
3. The fire hydrant on Boston Road may not be obstructed in any way, which would prevent
immediate access for its use;
4. The occupant load of the assembly area may never be exceeded;
5. No parking shall be permitted within the U.S. Highway 1 right-of-way (following the
building line). No parking shall be permitted within the Boston Road right-of-way. These
areas shall be clearly marked (i.e. taped off) and kept free from vehicle encroachment at all
times. Parking along U.S. Highway 1 must be east of the western wall of the main building;
6. Daily fire, life safety and code inspections will be conducted throughout the duration of the
permi t;
7. The applicant fully complies with Section 21-37 (Special Activity Requirements) of the
Land Development Code and Article II (Noise) of Chapter 10 (Health and Sanitation) of
the Code of Ordinances;
8. The applicant shall provide "Heavy Traffic Ahead" signs;
9. No amplified outdoor public address system shall be in use after 9:00 p.m.;
10. Vendor Information sheets must be completed for all vendors and submitted to this office
prior to the permit being issued;
11. No parking is permitted in public right-of-ways or in the site visibility triangle;
12. Uniformed police detail officers shall be present during heavy attendance days to facilitate
safe crossing of U.S. Highway 1. Additional officers should be added if attendance exceeds
the capability of officers to handle flow or if pedestrian safety issues arise;
13. U.S. Hwy 1 must be coned in front of the business to slow traffic and prevent accidents;
14. Motorcycle parking along U.S. Highway 1 is not permitted and must be moved to off-site
areas for safety reasons. Signage prohibiting parking along roadway and enforcement action
to support such shall be in place.
ACTION REQUESTED
Motion to approve the special activities permit to allow No Name Saloon to hold Biketoberfest 2006
activities with outdoor music from October 18 through October 22, 2006 based on staffs
recommendations.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
~"""""""'~r-JY ~<2.~ ~ "'I"D-
Robin atusick "- J n C. WIllIams \
Paralegal CIty Manager
SPECIAL ACTIVITY PERMIT
NO-NAME SALOON
2001 S. RIDGEWOOD A VENUE
EDGEW A TER, FLORIDA 32141
APPLICANT-Jim Girvan
FUNCTION: BIKETOBERFEST ACTIVITIES
1.
SPECIAL ACTIVITY PERMIT
~/i>
A Special Activity Permit has been issued to,,;Fn~ N
~W'''' ,"
Activities and .Outdoor ~usic, activity to be h'~~d~~~t2,%TnZ4J1 t ro
Outdoor amphfied pubhc address system shall~lzSl,?ermltted from
p.m. (5 days at $300.00 per day. Fee of $1 500.00 aid .
'"
2.
""
All conditions of the City's Code of Ordinances (nuisances",ise\..health, sanitation and
miscellaneous offenses, unless otherwise pi'ov;ided (or), shall'll!: p'~licable during the
activity. .... .." /
Proposed use will not result in unsafe ss ~d/bi"'t<~~~~or pedestrians or vehicles,
,,J> ,I' iT'W
and shall comply with parking requirem nts for that use.
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A description of .adequate p~~isipns for P~~ki~~wi~be s.upplied in adva~ce to. the
Development Senvces DeI?s;attment for staff te~l~}v: Apphcant must obtam wrItten
permission from all properfY~,~' granting authorization to use their property for this
event, including"..lJ:seft,fi r parkin* aCI Ities. Applicant will supply adequate manpower for
-{1*c _ ;:,t 0(
parking vehiCle' 'it. vent.
3.
4.
5.
6.
'ii'
Appli~~':l~l provide th\.City:in~}erk wi bond .or an insurance policy to protect City
frO~!la:,[fs..I~ form and Stib~(;n~<t,~accePtable to CIty of at least $200,0~0. .
Sallltary:t'Ja~lh1!e.s must be adequate for expected attendance and remam on SIte for the
duration'of~the,.." e.v"',.",','.',"'"e"""ll,,',,.',,',.',.t.. i.n...c...l...U. ding p,.. o. ~able water, if necessary.
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The City shall pro~g~ N~ e yltd and unscheduled inspections prior to and/or during the
special activity by polt~s?fire, code compliance, building and/or City administration
representatives to mocitoi'iland ensure compliance with all applicable City, County and
State codes. Special activity permits that include outdoor entertainment may require a
code compliance officer to remain on site during the activity. The cost of said officer
shall be reimbursed to the City by the sponsor/promoter. Appropriate State of Florida
agencies are responsible for the inspection of amusement rides and public food
preparation facilities.
7.
8.
The proposed use will substantially comply with the appropriate Life Safety Code and
Building Code requirements. Plans must be approved by Fire and Police Departments.
18.
19.
9. No signage for advertising the event shall be placed on any public right-of-way. Any
signs used for the event must be permitted and inspected by the Development Serivces
Department. All signs shall be removed within 1 day at the end of the event.
10. The number of special activities at any given location or address shall not exceed one 10-
day period and two I-day charitable events/activity between the period of January 1 st
through June 30th; and one IO-day period and two I-day charitable events/activity
between the period of July 1 st through December 31 st. A letter of authorization from
property owner must be supplied to the City.
j
11. The proposed use is limited to a specific peri09~of....time,;J!~t~PQn the Special Activity
Application, not to exceed ten days. i l /.
12.
13. The proposed activity will direct
roadways.
14. It shall be the responsibility of the apgps:, .'/t ~cil:ll activi y permit to ensure the
structural integrity of all temporary str~$lurs e1ec:tea.io~iis'cia1 activities. The structures
are to be safe, structurally sound and o~\~~?;qua pacit~,~ervice the number of persons
proposed to use the structure an1,t~ast oe re11Jjlf:))ii'~ wit~;iJve (5) days of completion of the
special activity. The Building 0:fficial and Fire':Marsh'aIJshall verify such compliance is
obtained. \ ;;;lliIJ 'Y)ll
"'~~ ~$~
15.
16.
17.
20. For events taking place in grass lots or fields, the vegetation must be cut prior to set up.
21. Individual vendors must register with the City Clerk and food vendors must have proper
state inspections. {Department of Business and Professional Regulations will do
inspections (800-375-6975), fees may be required by the State}
22. Applicant is responsible for leaving property clear of all trash, garbage and litter.
23. Any person or entity who shall conduct, operate or maintain a special activity and fails to
obtain a special activity permit shall be ordered to cease and desist and be punished by a
2
A special activity with heavy/congested vehicular+an, edestrian tra will provide
"congested area ahead" signs along with an ad&itipm1h: gen2rated light system that will
illuminate the area of crossing/congestion.""
The City shall monitor noise levels to d~;::;~ ublic nui~a ce exists. The permit
holder shall comply with the City's det ,.lttiop;'Tq~:: ...... qj~activity permit is subject of
revocation if owners fail to comply wi' . se ap'!t./;rieIJt ,',iCle II (Noise) of Chapter 10
(Health and Sanitation) of the c:~~ ., m7l:S'~~~ /pt:'eld. Exhihit 'B'
ADDITIONAL CONDITIONS PER FIREIM:lXRSHALmODJ@BDEPARTMENT:
.,' t" '\i" <rVC;"',f
1. All gates must remain unlock r eJ;Ilergency ingre.~~tegress;
2. Access must remain open to ~' eatlo{ the building to allow emergency vehicle access to
open area on the ~putl1,side of tne~bu' . ';
4':';"ff' . wi'" "F ';~, , " "'
The fir~ hy~,!-Wpn ~eston~!}oad ma . obstructed in any way, which would prevent
Immedlat~~i~~~lfor"lt!:>~se;,. .~
The occu ' ,,' oad of the ass~rnQJy!area may'n ver be exceeded;
'No pa /. all be permittci(~~itfilh the U.S. Highway 1 right-of-way. No parking shall be
permL . hin the Boston R1fad'Ji'ght-of-way. These areas shall be clearly marked (i.e.
taped "'b d'k~pt free from};y~m'c1e encroachment at all times. Parking along U.S.
Highway I"'rnust be'east of the,i\Vestern wall of the main building;
Daily fire, li0safety ~d cody;inspections will be conducted throughout the duration of the
. '>il'!" ""
permlt;'_,"
The applicant fully ~orfipii~ ith Section 21-37 (Special Activity Requirements) of the
Land Development Cod~afid Article II (Noise) of Chapter 10 (Health and Sanitation) of the
Code of Ordinances;
The applicant shall provide "Heavy Traffic Ahead" signs;
No outdoor amplified public address system shall be in use after 9:00 p.m.;
Vendor Information sheets must be completed for all vendors and submitted to this office
prior to the permit being issued;
No parking is permitted in public right-of-ways or in the site visibility triangle;
Uniformed police detail officers shall be present during heavy attendance days to facilitate
safe crossing of U.S. Highway I. Additional officers should be added if attendance exceeds
the capability of officers to handle flow or if pedestrian safety issues arise;
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
fine of three times the cost of the application fee as well as all associated City fees. No
further special activities shall be authorized until all penalties are current. A repeat
offender shall not be eligible for a special activity permit for a one-year period. A repeat
offender is defined as a sponsor/promoter who violates any of the conditions of the special
activity permit more than one time in a six-month period.
24. Must provide adequate parking for those in attendance.
25. All off site parking will require a traffic detail.
26.
rricades.
No parking is permitted in public right-of-ways 0
'A'
ility triangle - Exhibit
27.
A special activity requesting road closures will
28.
29.
3
13, U.S. Hwy 1 must be coned in front of the business to slow traffic and prevent accidents;
14. Motorcycle parking along U.S, Highway 1 is not permitted and must be moved to off-site
areas for safety reasons. Signage prohibiting parking along roadway and enforcement action
to support such shall be in place.
I AM AWARE THAT I AM RESPONSIBLE FOR REIMBURSING THE CITY IF
ADDITIONAL SERVICES ARE REQUIRED FOR THIS EVENT.
~
REIMBURSEMENT FOR SERVICES ARE OUTLINED IN EXilIBI;r~ "e"
lj~::/illl1'"
~
#
I have read and understand that I must comply withi;theabov~~Q~,ditt,~ns
, \,...
Date __~ , "
CC: City Council, GiJY"hbMilIi~ger;~City Clerk
A: ' '"
Development Serv' 1P
fl(lV ,
D L D """'I" Ii S ." .....D.. :. f#'
arren ear, ev~ opment erVlces lrector
J {,?!;. '\"
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Signature
Permit Reviewed/Approved by:
Permit issued by:
Chief, Building Official and
4
. EXHIBIT "A"
21-38.03 - Site Triangle Requirements
a. Nothing shall be erected, planted or placed in a manner as to materially impede vision
between a height of two and one-half feet (2 W') to ten feet (10') above the intersecting street
right-of-way lines. The site triangle shall be measured fifty feet (50') in each direction from
the intersecting right-of-way lines.
These regulations may also apply in commercial ingress and egress driveway areas if the
TRC determines that a safety hazard may exist.
CORNER LOT
[ZJVISIB1LlTY TIlI!.~(M
...
EXHIB IT "B"
CHAPTER 10 (Health and Sanitation)
ARTICLE II. NOISE
Sec. 10-22. General restrictions.
(a) No person shall operate or cause to be operated any source of sound from any
subject parcel in such a manner as to create a noise nuisance or sound level which
exceeds the limits set forth for the use occupancy in Table 1, when measured at
the property boundary of the subject property from which the sound emanates.
(b) Sound or noise emanating from one use occupancy category into another use
occupancy category with a different noise level limit shall not exceed the limits of
the use occupancy category into which the noise is projected.
TABLE 1
Noise Restrictions
Use Occupancy Cate20rv Time Sound Level Limit
( dBA)
Residential 8:00 AM - 9:00 PM 60
9:00 PM - 8:00 AM 50
Commercial 7:00 AM - 10:00 PM 65
10:00 PM - 7:00 AM 60
Manufacturing All times 75
Noise Sensitive Zone All times 50
1
, ~ ,
"W(). t',-., 'S
L I i III u 'f
, '!\l'l...t.O<'-
)('1' , . ~
ReceJt!sd
AUf, 1 5 ,OOB
City of Edgewater
Planning & Development
This application must be completed in its entirety and submitted to the Planning Department at .
least 60-days in advance of the activity. Incomplete applications will be returned to the applicant
and may delay approval. NOTE: SITE PLAN MUST ACCOMPANY THIS APPLICATION
CITY OF EDGEW A TER
SPECIAL ACTIVITY APPLICATION
FEE: $300/day
Applicant Name: -~ ~ L.J,.. "fL V fl\ "-- J
Sponsor/Organization Name: ~ b 'UfTm (~ SA l.;~("::JJ
Applicant/Sponsor Address: '1..... b b t S . \2i 0') {~e.k:} tClD
Address/Location of Event: tJ b .-0 A- tv, '0, ~,..q Li"~ C:~ ~
Local Contact Telephone Number: ?,~f.:..".crL.~-Yl~(1-Emergency # L-lLQ, .-l?(~2 .9
Name of Event: .Q, 1 t( Tr:; ~"'&.12. ~'C.~--r
Description of Event: \Y) b '\"'1'.... f2 s:- \{l' '( ~-" ,9:~i" LL "
I~ ~ i 4 "'C) lr.~
Date
.Pt L} CJ
Date(s) of Event:j ().- '\4'-bi. '11y~.'7~ime(s) of Event: q: t,C)' AIV'\. ,-
Set-up/Tear down dates: (if needed): ",
Expected Attendance: ~. 0' r", D ~ 1 K'r.--:32.. S -- '^~~.l./
!- l
Will admission be charged? ( ) Yes ~ t '-9' .p","1
Will outside live/recorded music or sound amplification be used? .0-Yes-Hours?
Will vendors be at the event? ~. ( ) No How many? <EiJ
If yes, please check tl).e following that apply:
~OOd
_ Alcoholic beverages
7S0ft drinks
, Arts/Crafts
'.~ '" 0"(,," It;,.,
"}'1"1'Tl'~ ")f)/~
-
( )No
_ Other (specify)
What equipment will be required/used? Check all that apply.
Water
L Electricity
-L Barricades
~ash Cans
(How Many?)
(How Many?)
VpLi Li!:5
~-~
(....
~ e::~-r-12~
Special Activity Rev: 6-06
I
Which of the following will be used?
~ / Banner
~ / Booth
Y Temporary Tents
~ireworkS/PyrotechniCS
Temporary Signs
Canopy
Amusement Rides
Portable Restrooms
(How Many?)
Other (specify)
The following shall accompany this application:
7 Plan submitted to reflect location and number of vendors, parking layout,
and sanitary facilities.
/' A letter stating the applicant acknowledges that they are financially
responsible for all additional services provided by the City which may
include, but are not limited to the following: trash pick up, utilities, code
.?6rcement, law enforcement, etc.
~ The applicant shall post a bond or provide Insurance in the amount of
)200,000.00 to hold the City harmless of any and all liabilities.
--J Submittal of a listing of all property owners within SOO-feet (listing to
include names and addresses of all owners and list shall be obtained from the
V olusia County Property Appraisers Office). Provide list via e-mail to
planning@cityofedgewater.org in dbf format. Listing printed from the
Property Appraisers website shall not be accepted.
Type of organization:
Non Profit Tax Exempt #
Charitable
,/ For Profit
Individual
Name of Organization or beneficiary
Federal J.D. # Tax #
SS #
Special Activity Rev: 6-06
2
If you are requesting City assistance with your event, please describe: -':":Th- A ?tt (~
(e~~-)-ri2x~i.. ~((L'l OA~''- ~.~t5
jolzo/alp
Road closures (list street name(s) and date(s) all streets closed for an event must be reopened
within 30-minutes of the end of each day of the event. ~~.C~~TD~ Vf:::>fT/J
\
The applicant shall comply with all requirements contained in Section 21-37 (Special Activity
Permit Requirements) of the Land Development Code and Chapter 10, Article III (Noise) of the
City of Edgewater Code of Ordinances.
If sound amplification is associated with this event, I agree to monitor the sound level so that it
remains within the limits of the City Code. If valid noise complaints are received, I agree to
reduce that noise to a satisfactory level. I further understand that if reducing the noise does not
control citizens' complaints, the source of the noise will be terminated.
~~
\ I l
Signature of applicant: "\' : ...-.~ ---__. _
~ Date: --.J tJ, -, 4; --rY-6
Special Activity Rev: 6-06
3
FOR OFFICE USE ONLY
POLICE DEPARTMENT
APPROVED DENIED DATE
COMMENTS/CONDITIONS
SIGNATURE:
FIRE DEPARTMENT
APPROVED DENIED DATE
COMMENTS/CONDITIONS
SIGNA TURE:
PLANNING DEPARTMENT
APPROVED DENIED DATE
COMMENTS/CONDITIONS
SIGNATURE:
BUILDING DEPARTMENT
APPROVED DENIED DATE
COMMENTS/CONDITIONS
SIGNATURE:
CODE ENFORCEMENT
APPROVED DENIED DATE
COMMENTS/CONDITIONS
SIGNATURE:
Special Activity Rev: 6-06
4
VENDOR INFORMATION SHEET
(copy sheet for additional vendors)
Business Name:
Type of Business:
Owner Name:
Business Address:
Business Phone Number:
Please attach a copy of all applicable state and local licenses.
Special Activity Rev: 6-06
5
EXHIBIT 'c'
NO-NAME SALOON
2001 S. RIDGEWOOD AVENUE
EDGEWATER, FLORIDA 32141
APPLICANT-PATRICK & JIM GIRVAN
FUNCTION-"BIKEWEEK 2006"
THE BILLIBLE RATE FOR POLICE AND CODE COMPLIANCE
OFFICERS IS $30.00 PER MAN HOUR
STATEMENT FOR POLICE SERVICES
2 POLICE OFFICERS FOR EACH SHIFT
10/20/06 3:00pm - 7:00pm 8.0. man/hrs
TOTAL
8.0 man/hrs @$31. 60 per man/hr = $252.80
********************************************************************
THE BILLIBLE RATE FOR POLICE AND CODE COMPLIANCE
OFFICERS IS $31.60 PER MAN HOUR
STATEMENT FOR CODE COMPLIANCE SERVICES
CODE COMPLIANCE ANTICIPATES A TOTAL OF 17 BILLIBLE
MAN HOURS FOR THE 5 DAY EVENT.
TOTAL
17 man/hrs @$31.60 per man/hr - $537.20
********************************************************************
I agree to pay to the City of Edgewater any
additional monies should additional time and
manpower be required.
Signature
Date
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INSUR~R$ AFFORDING covERAcae NAro#
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-... - . ,........-
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Edgewater, FL 3U4~ '-,
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ANY REClUIRe.1EfiT, TERMOR COi'iDITiON OF ;.N't OOHTRI\.C1" OR OTHER tlOCUMENT WiTHRESFEOTTO vVrliCH 11i1S CERUHCi\TE.MA,Y61i iSSueO'OR
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DESCRIPTION OF OpeRATIONS I LOOI\TIONIi t Vff~il(:(.EO$/' ~U$taN.S ~o av "'.NOO~&J:MENr I SPECUlI. PfltO~I('ms:
~
'ICERn.l:ae~TE H~~DER ,
Cl1:)' of Edgewatet'
Oceupntional licens1ng
p 0 Bdx ~bO
Ed~ewater, FL ~2132
ACOR,D 26 (2001IOB) FAX: (336)424"24%3
nR-17-?nnh 1?:43 SHIRELY DECUBELLIS 386-423-0660
PAGEl
NO NAME SALOON
...
2001 SOUTH RIDGEWOOD AVE. EDGEWATER. FLORIDA 32141
Phone 428-9229 . Fax 386-428-0611
August 17, 2006
To The city of Edge water,
We at the No Name Saloon would like to request the presence of two
police officers for traffic control on October 20th,2006 from 3PM-7PM.
Weare requesting that we will not need any road closures for any
Biketoberfest events.
NO NAME SALOON
2001 SOUTH RIDGEWOOD A VB
EDGEWATER, FLORIDA 32141
Phone 428-9229
Fax 386-428-0611
August 17, 2006
RE: BIKETOBERFEST 2006
Dear Mr. McCallister,
I Patrick Girvan, represting the No Name Saloon and Girvan
Enterprises would like to ask permission to utilize your property located at 2010
Ridgewood ave. For parking from October 18th thru October 22nd. The No Name
Saloon and Girvan Enterprises would assume all responsibility and liability or the
property during the event. Please sign below if you would agree to the use of this
property during the above stated dates. Thank You.
Sincerely,
Patrick Girvan Jr.
'4William ,McCallister
txCl/iL- Lt/ 1;2 e CcLL~.~iT:.~
Please sign here
AGENDA REQUEST
Date: September 14. 2006
PUBLI C
HEARING September 25. 2006
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2006-0-31
Bishop Thomas Wenski, requesting annexation
of 9.97::1: acres of land located at 2310 S.
Ridgewood Avenue.
OWNER: Thomas Wenski, Bishop of the Diocese of Orlando
APPLICANT/AGENT: Michael Wilde, Baker & Hostetler, LLP
REQUESTED ACTION: Annexation
PROPOSED USE: Staff has not received any development plans at this time.
LOCATION: 2310 S. Ridgewood Avenue - west of US Highway 1, and west of Pelican Drive
AREA: 9.97::1: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County - Urban Medium Intensity
ZONING DISTRICT: Volusia County - B-9 (General Office) and R-4 (Urban Single Family Residential)
VOTING DISTRICT: 3
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Financial Institution, Commercial, High Density B-3 (Highway Commercial) and
Vacant and Single- Residential & Low Density RPUD (Residential Planned Unit
Family Residential Residential Development)
East Shopping Center Commercial B-3 (Highway Commercial)
South Convenience Store Commercial & Low Density B-3 (Highway Commercial) and
and Single Family Residential R-l (Single Family Residential)
Residential
West Single and Multi- Medium Density Residential R-4 (Multi-Family Residential)
Family Residential
Background
This property is located west of US Highway 1, south of Riverside Bank. The Diocese of Orlando owns
the property, and staff has not received any proposed development plans.
At their regular meeting of August 9, 2006 the Planning and Zoning Board voted 5-0 to send a favorable
recommendation to City Council for the annexation request.
AN-0603 - Dioscese
Land Use Compatibility
This property is proposed to be amended to a City Future Land Use Designation of Commercial and a B-
3 (Highway Commercial) Zoning designation. As this property has frontage on US Highway 1 a
Commercial designation is most compatible. To the north is Riverside National Bank and the proposed
Riverside Villas, a townhouse development, to the south is a gas station/convenience store.
At their regular meeting of August 9, 2006 the Planning and Zoning Board voted 5-0 to send a favorable
recommendation to City Council for this request. City Council voted 5-0 to approve this request at fIrst
reading on September 11, 2006.
Pursuant to the City of Edgewater Land Development Code, an adequate landscape buffer of at least 50-
feet must be established when adjacent to residential usage.
Adequate Public Facilities
The site has access to US Highway 1, and water and sewer is available.
Natural Environment
Vegetation onsite includes Pine/Mesic Oak, Open Water, and Wet Prairie. Soils include Daytona Sand
and Immokalee Sand. Prior to any site development an Environmental Analysis will have to be
submitted and approved by the City.
Comprehensive Plan Consistency
Policy 1.8.2 of the Comprehensive Plan Future Land Use Element: "In order to reduce land use conflicts
and for effIcient public service provision, the City shall investigate and, where feasible, annex all
enclaves as soon as possible."
Other Matters
Per the City Environmental Services Department, any development of this property will need to make
accommodations for the canal in the middle of the parcel as this drains several parcels upstream.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2006-0-31; annexing 9.97:i: acres ofland located at 2310 S.
Ridgewood Avenue.
ACTION REQUESTED
Motion to approve Ordinance No. 2006-0-31.
PREVIOUS AGENDA ITEM:
YES X
NO
DATE:
9-11-06
AGENDA ITEM NO. 6D
~~A:~el~
Robin atuslck \...
Paralegal
r' \.'
~ .'--.\.U~).,
n C. Williams '\ k
City Manager \ U
Darr Lear
Development Services Director
AN-0603 - Dioscese
2
ORDINANCE NO. 2006-0-31
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED AT 2310 SOUTH RIDGEWOOD AVENUE,
VOLUSIA COUNTY, INTO THE CITY OF EDGEW A TER,
FLORIDA; SUBJECT TO THE JURISDICTION,
OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE
MUNICIPALITY; AMENDING THE DESCRIPTION OF THE
CITY OF EDGEW A TER CORPORATE LIMITS; PROVIDING
FOR FILING WITH THE CLERK OF THE CIRCUIT COURT,
VOLUSIA COUNTY, THE VOLUSIA COUNTY PROPERTY
APPRAISER AND THE DEPARTMENT OF ST ATE;
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. Thomas Wenski, Bishop of the Diocese of Orlando as owner, authorizes Michael
Wilde of Baker & Hostetler, LLP as agent/applicant for annexation of property located at 231 0 South
Ridgewood A venue, within V olusia County, Florida. Subject property contains approximately 9.97
:!: acres.
2. The owner/applicant has 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 3 of the City of Edgewater are hereby designated
to include the property described herein.
5. During the Planning and Zoning Board meeting on August 9, 2006, the Board
Stltlck tluotlgl. passages are deleted.
Underlined passages are added.
2006-0-31
recommended by a vote of 5 to 0 that the property be annexed into the City of Edgewater.
NOW, THEREFORE, BE IT ENACTED by the People of the City ofEdgewater, Florida:
PART A.
ANNEXA TION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEW A TER, FLORIDA.
1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in
Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and
incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida,
and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality.
2. The boundaries of the City of Edge water are hereby redefined to include the property
described herein and depicted in the map identified as Exhibit "B".
3. Pursuant to Section 2.01 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 Vol usia 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.
Stltlck t11longh passages are deleted.
Underlined passages are added.
2006-0-31
2
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F.
ADOPTION.
After Motion to approve by Councilwoman Rhodes and Second by Councilwoman Lichter,
the vote on the first reading of this ordinance held on September 11, 2006, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Debra J. Rogers X
Councilman Dennis Vincenzi X
Councilwoman Harriet B. Rhodes X
Councilwoman Judy Lichter X
StltlGk t1uongh passages are deleted.
Underlined passages are added.
2006-0-3 t
3
After Motion to approve by
and Second by
, the vote on the second reading/public hearing of this ordinance held on
September 25, 2006, was as follows:
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 25th day of September, 2006.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
Stl tick t1llOtlgh passages are deleted.
Underlined passages are added.
2006-0-31
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 25th day
of September, 2006 under Agenda Item No.
6
4
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of Volusia and State of
Florida.
The Northwest 1/4 of the Northwest 1/4, West of the State Road, EXCEPT the Northerly 210 feet
of the Easterly 210 feet thereof.
ALSO EXCEPT the 9.785 acres in the South portion described as follows: Beginning at an iron pin
on the Southeast corner of the Northwest 1/4 of the Northeast 1/4 and running West, a distance of
1320 feet to a corner; thence North, a distance of 83.0 feet to a corner; thence Northeasterly, a
distance ofl145.7 feet to a corner on the Westerly side of the State Road; thence Southeasterly along
the State Road, a distance of 618.4 feet to a corner; thence South a distance of 24.3 feet to a Point
of Beginning. All of the above being located in Section 2, Township 18 South, Range 34 East,
Volusia County, Florida.
ALSO EXCEPT: Commence at the intersection of the North line of said Section 2 and the Westerly
line of said U.S. Highway No.1; thence Westerly along the Northerly line of said Section 2, a
distance of 210 feet for the Point of Beginning; thence South 26041 '41" East and parallel to said
Westerly line of U.S. Highway No.1, a distance of21 0 feet; thence Easterly and parallel to the North
line of said Section 2, a distance of21 0 feet to the said Westerly line ofU .S. Highway No.1; thence
South 64 012' 19" West, a distance of704.40 feet; thence South 26041 '41" East and parallel to the said
U.S. Highway No.1, a distance of 618.4 feet to the Northerly line of SILVER RIDGE
SUBDIVISIONS UNITS 1 AND 2, and recorded in Map Book 25, Page 87 and Map Book 27, Page
50, respectively; thence South 64012' 19" West along the Northerly line of Silver Ridge Subdivision,
a distance of 441.30 feet to the Westerly line of the Northwest 1/4 of the Northeast 1/4, said Section
2; thence Northerly along the said Westerly line, a distance of 1237 feet more or less to the said
North line of Section 2; thence Easterly along the said North line a distance of 465.9 feet to the Point
of Beginning.
Re-described as follows:
A portion of the Northwest 1/4 ofthe Northeast 1/4 of Section 2, Township 18 South, Range 34 East,
V olusia County, Florida, lying westerly of U.S. Highway No.1, being described as follows:
For a Point of Beginning, commence at the Southeasterly corner of Pelican Cove West Subdivision _
Phase I, as recorded in Map Book 38, Pages 172 and 173 of the Public Records of Vol usia County,
Florida, said point being the Southeasterly corner of Lot 13, Block "C" of said Pelican Cove West
Subdivision - Phase I; thence North 26041'11" West, along the Easterly line of said Pelican Cove
Stl tick t1llol:l~h passages are deleted.
Underlined passages are added.
2006-0-31
5
West Subdivision - Phase I, a distance of 615.29 feet; thence North 64012'49" East, a distance of
704.40 feet to a 4" x 4" concrete monument with an iron rod representing a point on the Westerly
right of way of U.S. Highway No.1; thence South 26050'36" East, along the Westerly right of way
of U.S. Highway No. 1 as monumented and by general acceptance, a distance of616.32 feet to the
Easterly prolongation of the Northerly line of Silver Ridge Subdivision - Unit No.1, as recorded in
Map Book 25, Page 87 of the Public Records of Vol usia County, Florida; thence South 64017'40"
West, along said Easterly prolongation and along said Northerly line of Silver Ridge Subdivision _
Unit No.1, a distance of 706.1 0 feet to the Point of Beginning.
Containing 9.97 ::!: acres more or less.
Stltlck tl.lOdgh passages are deleted.
Underlined passages are added.
2006-0-31
6
-E'
<Il
8-
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32 ~
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AGENDA REQUEST
Date: September 12. 2006
PUBLIC
HEARING September 25. 2006
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
1 sl Reading - Ordinance No. 2006-0"33
Mark Karet, requesting annexation of .60:1: acres
of land located at 1840 Air Park Road.
OWNER: Edgewater Airpark, LLC
APPLICANT/AGENT: Mark Karet
REQUESTED ACTION: Annexation
PROPOSED USE: Professional Office
LOCATION: 1840 Air Park Road (Northwest corner of Air Park Road and S.R. 442)
AREA: .60:!: acres
CURRENT LAND USE: Single-Family Residence
FLUM DESIGNATION: Volusia County - Urban Low Intensity
ZONING DISTRICT: Volusia County - A-3 (Transitional Agriculture)
VOTING DISTRICT: 2
SURROUNDING AREA:
Current Land Use FLUM Desilmation Zoninl! District
North Vacant Volusia County" Urban Low Volusia County - A-3
Intensity and Environmental (Transitional Agriculture) and
Systems Corridor RC (Resource Corridor)
East Vacant Volusia County- Urban Low Volusia County - A-3
Intensity (Transitional Agriculture)
South Single Family Volusia County- Urban Low Volusia County - A-3
Residential Intensitv (Transitional Agriculture)
West Single Family Low Density Residential with Volusia County - A-3
Residential Conservation Overlay (Transitional Ae:riculture)
Background
This property is located on the northwest corner of S.R. 442 and Air Park Road. This site was previously
utilized as a single-family residence and is currently vacant. The applicant is proposing to redevelop the
structure and property as a professional office.
At their regular meeting of September 13, 2006, the Planning and Zoning Board voted 6-0 to send a
favorable recommendation to City Council for the annexation request.
AN-0604 - Karel
Land Use Compatibility
A commercial designation on this property is the most appropriate use due to the location and frontage
along S.R. 442 and Air Park Road. The southwest corner of this intersection is the site of the future
middle school.
Adequate Public Facilities
The site has access to S.R. 442 via Air Park Road. City water is currently provided on-site; however
sewer is not available and the site is served by septic tank, which will remain until such time as City
sewer is available.
Natural Environment
The site was originally developed in 1993 as a single-family residence in unincorporated Volusia County.
Soils found on-site include Immokalee sand and the vegetation found on-site is minimal due to previous
development.
Comprehensive Plan Consistency
The Comprehensive Plan does not specifically address the annexation of contiguous property.
Other Matters
A Future Land Use and Zoning Map amendment will also be presented for this property. The applicant
shall be required to submit a site-plan for review. The property will be required to come into compliance
with all Florida Building Code regulations for commercial property, as well as all requirements set forth
in Article V (Site Design Criteria) and Article XVIII (Indian River Boulevard - S.R. 442 Corridor Design
Regulations) of the Land Development Code. Required improvements shall include, but not be limited
to, parking, landscaping and buffering of the adjacent residential property.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2006-0-33; annexing .60:1: acres ofland located at 1840 Air
Park Road.
ACTION REQUESTED
Motion to approve Ordinance No. 2006-0-33.
PREVIOUS AGENDA ITEM:
YES
NO
X
DATE:
AGENDA ITEM NO.
vices Director
CS\::b' ~.
. :"'\ rrr3l-u ~
Robin Matusick
Paralegal
~c.0s&,-~ ~\~....
Jpn C. Williams
City Manager
AN-0604 - Karel
2
ORDINANCE NO. 2006-0-33
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED AT 1840 AIR PARK ROAD, VOLUSIA COUNTY,
INTO THE CITY OF EDGEW A TER, FLORIDA; SUBJECT
TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF THE CITY OF EDGEW A TER
CORPORA TE 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. Edgewater Airpark, LLC. owner hereby authorizes Mark Karet of Zev Cohen &
Associates, Inc. to act as agent/applicant for annexation of property located at 1840 Air Park Road,
within Volusia County, Florida. Subject property contains approximately 0.60 i: acres.
2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for
annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. The boundaries of Voting District 2 of the City of Edgewater are hereby designated
to include the property described herein.
5. During the Planning and Zoning Board meeting on September 13, 2006, the Board
recommended by a vote of 6 to 0 that the property be annexed into the City of Edgewater.
SIwek t1.lough passages are deleted.
Underlined passages are added.
2006-0-33
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEW A TER, FLORIDA.
1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in
Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and
incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida,
and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality.
2. The boundaries of the City of Edge water are hereby redefined to include the property
described herein and depicted in the map identified as Exhibit "B".
3. Pursuant to Section 2.01 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
V olusia County Clerk of the Circuit Court, the V olusia County Property Appraiser, the V olusia
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.
St. tlGk t1.lOtlgh passages are deleted.
Underlined passages are added.
2006-0-33
2
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
PARTE.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F.
ADOPTION.
After Motion to approve by
and Second by
, the vote on the first reading of this ordinance held on September 25,
2006, was as follows:
AYE
NAY
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
StJ tKk till ol1~h passages are deleted.
Underlined passages are added.
2006-0-33
3
After Motion to approve by
and Second by
, the vote on the second reading/public hearing of this ordinance held on
October 2, 2006, was as follows:
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 2nd day of October, 2006.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
Stl uck till ou~h passages are deleted.
Underlined passages are added.
2006-0-33
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 2nd day
of October, 2006 under Agenda Item No.
6
4
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of Volusia and State of
Florida.
PARCEL 0:
The Southerly 31.77 feet of that part of Lot 261, lying Westerly of Air Park Road, a 50 foot right-of-
way as now laid out and described per Official Records Book 2141, Page 1168, Public Records of
Volusia County, Florida, and that part of Lot 262, lying Westerly of Air Park Road and that part of
Lot 263, lying Westerly of said Air Park Road and Northerly of State Road No. 442, a 120 foot right-
of-way as now laid out, Assessor's Subdivision of the Samuel Betts Grant as shown on map in Map
Book 3, Page 153, Public Records of V olusia County, Florida, and being more particularly described
as follows:
Commence at the Northwest corner of Lot 227, said Assessor's Subdivision of Samuel Betts Grant,
thence South 21 006'40" East along the Westerly line of said Lot 227, and its Southerly extension
thereof, a distance of993 feet for the Point of Beginning; thence North 69038'30" East a distance of
159.02 feet to a point on the Westerly right-of-way line of said Air Park Road; thence South
14004'29" West along said Westerly right-of-way line a distance of 173.30 feet to the Northerly line
of said State Road No. 442; thence South 68050'55" West along said Northerly right-of-way, a
distance of 13 7 .86 feet to the Westerly line of said Lot 263; thence North 21 006'40" West along the
Westerly line of said Lot 261, 262, and 263, a distance 174.19 feet to the Point of Beginning.
Containing 0.60 :t acres more or less.
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Underlined passages are added.
2006-0-33
5
AGENDA REQUEST
c.A. #2006-121
Date: September 14, 2006
PUBLIC
HEARING 09/25/2006
RESOLUTION
ORDINANCE 09/25/2006
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Ordinance #2006-0-34
Amendments/Modifications to Ordinance #99-0-08, Ordinance
#2000-0-14, and the Police Retirement Plan
BACKGROUND:
On September 13, 1999, Council adopted Ordinance #99-0-08 which restated and clarified the
Police Retirement Plan. On September 11, 2000, Council adopted Ordinance #2000-0-14 which
amended the previous ordinance by modifying certain sections of the Plan.
Ordinance #2006-0-34 modifies the Police Retirement Plan by modifications to the definitions and
when benefits start and distribution of benefits. These changes will provide for: (1) the purchase
of creditable service for military service in the armed forces and as a police officer with other
agencies prior to employment with the City; (2) provides for a deferred retirement program (DROP)
with a five year maximum; (3) provides for third party payments from retirement benefits; (4) an
increase in contributions from the employee and (5) an increase in the accrued benefit multiplier for
all participants.
STAFF RECOMMENDATION:
Staff recommends approval of Ordinance #2006-0-34 which modifies Ordinance #99-0-08,
Ordinance #2000-0-14 and the Police Retirement Plan.
ACTION REQUESTED:
Motion to approve Ordinance #2006-0-34 which modifies the Police Retirement Plan.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
Respectfully submitted,
Concurrence:
Robin . Matusick
Paralegal
. v-Q.~~
Jon C. Williams
City Manager
rIm
ORDINANCE NO. 2006-0-34
AN ORDINANCE OF THE CITY OF EDGEW A TER,
FLORIDA, MODIFYING THE POLICE RETIREMENT PLAN;
BY AMENDING ARTICLE I (FORMAT AND DEFINITIONS),
SECTION 1.02 (DEFINITIONS); ARTICLE III
(CONTRIBUTIONS), SECTION 3.01A (REQUIRED
CONTRIBUTIONS BY P ARTICIP ANTS), ARTICLE IV
(RETIREMENT BENEFITS), SECTION 4.01 (ACCRUED
BENEFIT) AND SECTION 4.02 (BENEFIT LIMIT A TION)
AND ARTICLE VI (WHEN BENEFITS START AND
DISTRIBUTION OF BENEFITS, SECTION 6.03 (OPTIONAL
FORMS OF DISTRIBUTION AND DISTRIBUTION
REQUIREMENTS); PROVIDING FOR FILING WITH THE
DIVISION OF RETIREMENT OF THE FLORIDA
DEPARTMENT OF MANAGEMENT SERVICES;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. On September 13, 1999, Council adopted Ordinance No. 99-0-08, which restated and
clarified the Police Retirement Plan/Police Officers' Pension Fund.
2. On September 11,2000, Council adopted Ordinance No. 2000-0-14, which amended
Ordinance No. 99-0-08 by modifying certain articles and sections of the Police Retirement Plan.
3. The Florida Legislature passed Chapter 99-1 of the Florida Laws, which amended
Chapter 185, of the Florida Statutes creating minimum requirements for local Police Officer Pension
Plans.
4. The modifications contained herein will provide for the purchase of creditable service
for military service in the armed forces and as a police officer with other agencies prior to
Stlt,ck till ol1/Sh passages are deleted.
Underlined passages are added.
2006-0-34
employment with the City; provides for a deferred retirement program (DROP) with a five (5) year
maximum and provides for third (3rd) party payments from retirement benefits.
5. The modifications also provide for the amount of contribution by the employee be
increased and for increasing the accrued benefit multiplier for all participants.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
AMENDMENT OF THE POLICE RETIREMENT PLAN,
SECTION 1.02 (DEFINITIONS) OF ARTICLE I (FORMAT
AND DEFINITIONS)
The Police Retirement Plan, Section 1.02 (Definitions) of Article I (Format and Definitions) is
hereby amended to read as follows:
ARTICLE I FORMA T AND DEFINITIONS
SECTION 1.02 - - DEFINITIONS.
The provisions of Chapter 185. Florida Statutes. shall be effective and constitute the City of
Edgewater. Florida Police Officers' Pension Fund except as specifically set forth herein.
Accordingly. Chapter 185. Florida Statutes ( 1997) are attached hereto and incorporated by reference.
This Pension Fund may be amended at any time by the city council enacting an appropriate
ordinance. provided that such amendment complies with the Internal Revenue Code. Florida Statutes
and other applicable laws. The board of trustees may make recommendations by a maiority vote to
the city council concerning proposed pension plan amendments.
ACCRUAL SERVICE means the total of an Employee's Continuous Service as a Law Enforcement
Officer, expressed as whole years and fractional parts of a year (to two decimal places) on the basis
that 365 days equal one year. Such total shall equal one year. Such total shall be equal to the period
from his the Employee's Employment Commencement Date to the date of determination.
However, Accrual Service is modified as follows:
Period of Military Duty included:
A Period of Military Duty shall be included as service with the Employer to the extent it has
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Underlined passages are added.
2006-0-34
2
not already been credited.
Prior service purchase:
A police officer may purchase up to a combined total offive (5) years of Accrual Service for
service in the Armed Forces ofthe United States or service as a police officer for some other
employer prior to employment with the Emplover, provided:
ill the police officer is not entitled to receive a retirement benefit for such other
prior service in another governmental pension plan, and
@ the police officer purchases such prior military or prior other police officer
service at the full actuarial cost of such Accrual Service.
ACCRUED BENEFIT means the amount of monthly retirement benefit on the Normal Form accrued
by an Active Participant as of any date. See the ACCRUED BENEFIT SECTION of Article IV.
ACTIVE PARTICIPANT means an Eligible Employee who is actively participating in the Plan
according to the provisions in the ACTIVE PARTICIPANT SECTION of Article II.
ACTUARIAL EQUIVALENT means equality in the value of the aggregate amounts expected to be
received under different forms of payment based on the rates determined below. The amount of each
payment under an optional form shall be determined by multiplying the amount payable on the
Normal Form by the ratio of (a) the purchase rate available under Group Contract GA 59448 for the
Normal Form, to (b) the purchase rate available under such Group Contract for the optional form at
the time benefits are determined. The benefit from a single sum on an optional form shall be the
Actuarial Equivalent of the benefit payable on the Normal Form based on the purchase rates
available under such Group Contract. This is a variable standard of actuarial equivalence which
precludes employer discretion except as provided in the AMENDMENTS SECTION of Article IX.
On and after March 1, 1992, these applicable rates will be determined using the rates of interest and
mortality (weighted .65 male and .35 female) used (as ofthe Annuity Starting Date) by the Pension
Benefit Guaranty Corporation for a trusteed single-employer plan to value a benefit upon termination
of an insufficient trusteed single-employer plan. In the event the basis for determining Actuarial
Equivalent is changed, Actuarial Equivalent of the Participant's Accrued Benefit on and after the
date of the change shall be determined as the greater of (a) the Actuarial Equivalent of the Accrued
Benefit as of the date of the change computed on the old basis, or (b) the Actuarial Equivalent of the
total Accrued Benefit computed on the new basis.
ANNUITY STARTING DATE means, for a Participant, the first day of the first period for which
an amount is paid as an annuity or any other form.
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Underlined passages are added.
2006-0-34
3
AVERAGE COMPENSATION means, on any given date, the average of an Employee's Monthly
Compensation for those three Compensation Years (all Compensation Years, if less than three)
which give the highest average out of the five latest Compensation Years (all Compensation Years,
ifless than five) before the earlier of such given date, or his Normal Retirement Date.
In computing Average Compensation on any given date before the first Yearly Date in 1994, the Plan
will include only Compensation Years ending before such given date. In computing Average
Compensation on any given date on or after the first Yearly Date in 1994, the Plan will exclude
Compensation Years in which the Employee terminates employment with the Employer.
BENEFICIARY means the person or persons named by a Participant to receive any benefits under
this Plan upon the Participant's death. See the BENEFICIARY SECTION of Article IX.
CODE means the Internal Revenue Code of 1986, as amended.
COMPENSA TION means, except as modified in this definition, the total earnings paid or made
available to an Employee by the Employer during any specified period.
"Earnings" in this definition means all wages as reported in the wages, tips and other compensation
box on form W-2 for Federal income tax withholding purposes, as defined under Code Section
3401 (a) (for purposes of income tax withholding at the source), disregarding any rules limiting the
remuneration included as wages based on the nature or location of the employment or the services
performed. Earnings also include all other payments to an Employee in the course of the Employer's
trade or business, for which the Employer must furnish the Employee a written statement under Code
Sections 6041 (d) and 6051 (a)(3).
Compensation shall also include elective contributions. Elective contributions are amounts
excludable from the Employee's gross income under Code Sections 125,402( a)(8), 402(h) or 403(b),
and contributed by the Employer, at the Employee's election, to a Code Section 401 (k) arrangement,
a simplified employee pension, cafeteria plan or tax-sheltered annuity. Elective contributions also
include Compensation deferred under a Code Section 457 plan maintained by the Employer and
Employee contributions "picked up" by a governmental entity and, pursuant to Code Section
414(h)(2), treated as Employer contributions.
COMPENSATION YEAR means a consecutive one-year (twelve month) period ending on June 30.
Before the first Yearly Date in 1994, Compensation Year means a one-year period ending on the
June 30 immediately before an Employee's Entry Date and ending on the same date of each
following year on which he is an Active Participant. After 1994, Compensation Year means a
consecutive one-vear (twelve month) period immediately preceding a Participant's Retirement Date.
CONTINGENT ANNUITANT means an individual named by the Participant to receive a lifetime
benefit after the Participant's death according to a survivorship life annuity form of distribution.
Stl t1c;k tlllotlgl. passages are deleted.
Underlined passages are added.
2006-0-34
4
CONTINUOUS SERVICE means, for a Participant any period of uninterrupted service with the
Employer.
For purposes of this definition, no interruption in service will occur because of approved periods of
absence from the Employer due to temporary lay-off; leave of absence (not to exceed one year), of
a temporary absence due to illness or injury.
CONTRIBUTIONS means
Employer Contributions
Required Contributions
State Contributions
Other Contributions
as set out in Article III, unless the context clearly indicates otherwise.
DIRECT ROLLOVER means a payment by the Plan to the Eligible Retirement Plan specified by the
Distributee.
DISTRIBUTEE means the Employee or former Employee. In addition, the Employee's or former
Employee's surviving spouse and the Employee's or former Employee's spouse of former spouse
who is the alternative payee under a qualified domestic relations order, as defined in Code Section
414(p), are Distributees with regard to the interest of the spouse or former spouse.
ELIGIBLE RETIREMENT PLAN means an individual retirement account described in Code Section
408(a), an individual retirement annuity described in Code Section 408(b), an annuity plan described
in Code Section 403(a) or a qualified trust described in Code Section 401(a), that accepts the
Distributee's Eligible Rollover Distribution.
However, in the case of an Eligible Rollover Distribution to the surviving spouse, an Eligible
Retirement Plan is an individual retirement account or individual retirement annuity.
ELIGIBLE ROLLOVER DISTRIBUTION means any distribution of all or any portion of the balance
to the credit of the Distributee, except that an Eligible Rollover Distribution does not include:
(a) Any distribution that is one of a series of substantially equal periodic payments (not less
frequently than annually) made for the life (or life expectancy) of the Distributee or the joint
lives (or joint life expectancies) of the Distributee and the Distributee's designated
Beneficiary, or for a specified period often years or more.
St. tl(,k till oll~h passages are deleted.
Underlined passages are added.
2006-0-34
5
(b) Any distribution to the extent such distribution is required under Code Section 401 (a)(9).
( c) The portion of any distribution that is not includible in gross income (determined without
regard to the exclusion for net unrealized appreciation with respect to employer securities).
EMPLOYEE means an individual who is employed by the Employer.
EMPLOYER means the Primary Employer.
EMPLOYER CONTRIBUTIONS means contributions made by the Employer to fund this Plan. See
the EMPLOYER CONTRIBUTIONS SECTION of Article III.
ENTR Y DATE means the date an Employee first enters the Plan as an Active Participant. See the
ACTIVE PARTICIPANT SECTION of Article II.
FISCAL YEAR means the Primary Employer's accounting year. The last day of the Fiscal Year is
September 30.
FUND means the Trust Fund established herein as part of the Plan.
GROUP CONTRACT means the group annuity contract or contracts into which the City of
Edgewater Police Retirement Plan Board of Trustees enters with the Insurer for the investment of
Contributions and the payment of benefits under this Plan. The term Group Contract as it is used
in this Plan is deemed to include the plural unless the context clearly indicates otherwise.
INACTIVE PARTICIPANT means a former Active Participant who has an Accrued Benefit. See
the INACTIVE P ARTICIP ANT SECTION of Article II.
INSURER means Principal Mutual Life Insurance Company and any other insurance company or
companies named by the Board of Trustees.
INVESTMENT MANAGER means any fiduciary (other than a trustee).
(a) who has the power to manage, acquire, or dispose of any assets of the Plan; and
(b) who (1) is registered as an investment adviser under the Investment Advisers Act of 1940,
or (2) is a bank, as defined in the Investment Advisers Act of 1940, or (3) is an insurance
company qualified to perform services described in subparagraph (a) above under the laws
of more than one state.
LA TE RETIREMENT DATE means the first day of any month which is after a Participant's Normal
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2006-0-34
6
Retirement Date and on which retirement benefits begin. If a Participant continues to work for the
Employer after his Normal Retirement Date, his Late Retirement Date shall be the earliest first day
of the month on or after he ceases to be an Employee. See the WHEN BENEFITS START
SECTION of Article VI.
MONTHLY COMPENSATION means, for any Compensation year, l/12th of an Employee's
Compensation for such year.
To determine Monthly Compensation if an Employee is an Employee for only part of a
Compensation Year, his Compensation for that Compensation Year shall be converted to an annual
basis as though he were employed for the full Compensation Year.
MONTHL Y DATE means each Yearly Date and the same day of each following month during the
Plan Year beginning on such Yearly Date.
NORMAL FORM means a straight life annuity.
NORMAL RETIREMENT DATE means the earliest first day of the month on or after the date of
the Participant reaches the earlier of (i) age 55 and the date he completes 5 years of service with the
Employer, or (ii) the date he completes 20 years of service with the Employer. Unless otherwise
provided in this Plan, a Participant's retirement benefits shall begin on his Normal Retirement Date
ifhe has ceased to be an Employee on such date. See the WHEN BENEFITS START SECTION
of Article VI.
OTHER CONTRIBUTIONS means contributions from persons or entities other than the State of
Florida, City of Edgewater, or Plan Participants.
P ARTICIP ANT means either an Active Participant or an Inactive Participant.
PARTICIPANT CONTRIBUTIONS means with Required Contributions as set out in Article III.
PERIOD OF MILITARY DUTY means, for an Employee:
(a) who served as a member of the armed forces of the United States, and
(b) who was reemployed by the Employer at the time when the Employee had a right to
reemployment in accordance with seniority rights as protected under Section 2021 through
2026 of Title 38 of the U.S. Code,
the period of time from the date the Employee was first absent from active work for the Employer
because of such military duty to the date the Employee was reemployed.
StltKk t1uough passages are deleted.
Underlined passages are added.
2006-0-34
7
A police officer may purchase Accrual Service for service with the Armed Forces of the United
States or prior service as a police officer for some other employer prior to employment provided:
i the olice officer is not entitled to receive a retirement benefit for such other rior service as a
police officer, and (ii) the police officer purchases such prior military or prior other police officer
service at the full actuarial cost of such Accrual Service. Payment for such purchase of prior service
shall be made, at the option of the police officer, as a lump sum payment or installments that shall
be paid over a period of time not to exceed the Accrual Service purchased. Installment payments
shall be subiect to interest in an amount to be established by the board of trustees, not to exceed the
annual actuarial assumption rate for the plan. Full payment for such prior service purchase shall be
made before crediting the service.
PLAN means the defined benefit retirement plan of the Employer set forth in this document,
including any later amendments to it.
PLAN ADMINISTRATOR means the person or persons who administer the Plan.
The Plan Administrator is the City of Edgewater Police Retirement Plan Board of Trustees. See the
BOARD OF TRUSTEES SECTION of Article VIII.
PLAN PARTICIPATION means the period of time during which a Participant has been an Active
Participant.
PLAN YEAR means a period beginning on a Yearly Date and ending on the day before the next
Yearly Date.
PRESENT VALUE means the current value of a benefit payable on a specified form and on a
specified date. The Present Value of any benefit under the terms of this Plan will be the actuarial
equivalent of the benefit payable on the Normal Form. Actuarial equivalence shall be determined
on the basis of the mortality rates specified in the definition of Actuarial Equivalent, and either the
interest rate(s) specified in the definition of Actuarial Equivalent or the Code Section 417 interest
rate(s), whichever produces the great benefit.
In addition, the amount of any distribution under the terms of this Plan will be determined in
accordance with the preceding paragraph.
The two preceding paragraphs shall not apply to the extent they would cause the Plan to fail to satisfY
the requirements of the BENEFIT LIMITATION SECTION of Article IV.
The Code Section 417 interest rates(s) are:
(a) the applicable interest rate if the Present Value of the benefit (using such rate(s)) is not in
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2006-0-34
8
excess of $25,000; or
(b) 120 percent of the applicable interest rate if the Present Value of the benefit exceeds $25,000
(as determined under (a) above). In no event shall the Present Value determined under this
(b) be less than $25,000.
The applicable interest rate is the interest rate(s) which would be used (as of the Annuity Starting
Date) by the Pension Benefit Guaranty Corporation for a trusteed single-employer plan to value a
benefit upon termination of an insufficient trusteed single-employer plan.
Before March I, 1992, Present Value is determined in accordance with the provisions of the Plan
as in effect on September 30, 1989.
PRIMARY EMPLOYER means City of Edgewater, Florida.
QUALIFIED JOINT AND SURVIVOR FORM means, for a Participant who has a spouse, an
immediate survivorship life annuity, where the survivorship percentage is 50% and the Contingent
Annuitant is the Participant's spouse. If a Participant does not have a spouse, the Qualified Joint and
Survivor Form means the Normal Form.
This Qualified Joint and Survivor Form shall be at least the Actuarial Equivalent of any form of
benefit offered under the Plan.
QUALIFIED PRERETIREMENT SURVIVOR ANNUITY means a straight life annuity payable to
the surviving spouse of a Participant who dies before his Annuity Starting Date. Benefits shall be
determined as if the Participant had ceased to be an Employee on the date of his death (date he last
ceased to be an Employee, if earlier) and survived to the date benefits become payable to the spouse
and retired on that date. The monthly benefit payable to the spouse shall be equal to the survivorship
percentage of the retirement benefit that would have been payable to the Participant ifhis Retirement
Date had occurred on the date benefits start to the spouse and he had retired under the Qualified Joint
and Survivor Form. If the Participant elects a survivorship annuity (where the survivorship
percentage is at least 50% and the Contingent Annuitant is the Participant's spouse) and which is at
least the Actuarial Equivalent of the Qualified Joint and Survivor Form for purposes of determining
the Qualified Preretirement Survivor Annuity.
REENTR Y DATE means the date a former Active Participant reenters the Plan. See the ACTIVE
PARTICIPANT SECTION of Article II.
REQUIRED CONTRIBUTIONS means nondeductible contributions required from a Participant in
order to participate in this Plan. See the REQUIRED CONTRIBUTIONS BY PARTICIPANTS
SECTION of Article III.
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9
REQUIRED CONTRIBUTION ACCOUNT means, on any date, the total ofa Participant's Required
Contributions. A Participant's Required Contribution Account shall be reduced by the amount of
any distribution of his Required Contribution Account.
RETIREMENT DATE means the date a retirement benefit will begin and is a Participant's Early,
Normal or Late Retirement Date, as the case may be.
SOCIAL SECURITY RETIREMENT AGE means age 65 in the case of a Participant attaining age
62 before January 1,2000 (i.e., born before January 1, 1938), age 66 for a Participant attaining age
62 after December 31, 1991, and before January 1,2017 (i.e., born after December 31, 2016)(i.e.,
born after December 31,1954).
STATE CONTRIBUTIONS means the net proceeds of the one percent excise tax which may be
imposed by the City of Edgewater, Florida upon certain casualty insurance companies on their gross
receipts of premiums from holders of policies, which policies cover property within the corporate
limits of the City of Edgewater, Florida.
TEFRA means the Tax Equity and Fiscal Responsibility Act of 1982.
TEFRA COMPLIANCE DATE means the date a plan is to comply with the provisions ofTEFRA.
The TEFRA Compliance Date as used in this Plan is,
(a) for purposes of benefit limitation, Code Section 415,
(1) if the plan was in effect on July 1, 1982, the first day ofthe first limitation year which
begins after December 31, 1982, or
(2) if the plan was not in effect on July 1, 1982, the first day of the first limitation year
which ends after December 3 1, 1982, or
(b) for all other purposes, the first Yearly Date after December 31, 1983.
TOTALLY AND PERMANENTLY DISABLED means a Police Officer is considered Disabled
when he or she becomes totally and permanently unable to perform useful and efficient service as
a Police Officer. A written application is made to the Board of Trustees for a Disability Pension and
decides whether or not the pension is to be granted.
VESTING PERCENTAGE means the percentage used to determine that portion of a Participant's
Accrued Benefit resulting from Employer Contributions which is nonforfeitable (cannot be lost since
it is vested).
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10
A Participant's Vesting Percentage is shown in the following schedule opposite the number of whole
years of his Plan Participation.
PLAN PARTICIPATION
(whole years)
VESTING
PERCENT AGE
Less than 5
5 or more
o
100
However, the Vesting Percentage for a Participant who is an Employee on or after the earlier of (i)
the date he reaches his Normal Retirement Date or (ii) the date he meets the requirement(s) for an
Early Retirement Date, shall be 100% on such date.
VOLUNTARY DISCONTINUANCE DATE means the date a Participant fails or refuses to make
a Required Contribution.
YEARLY DATE means February 1, 1978, and each following October 1.
YEARS OF SERVICE means an Employee's Continuous Service disregarding any modifications
which exclude service.
PART B.
AMENDMENT OF THE POLICE RETIREMENT PLAN, SECTION
3.01A (REQUIRED CONTRIBUTIONS BY PARTICIPANTS) OF
ARTICLE III (CONTRIBUTIONS)
The Police Retirement Plan, Section 3.01A (Required Contributions by Participants) of Article III
(Contributions) is hereby amended to read as follows:
ARTICLE III
CONTRIBUTIONS
SECTION 3.01A
REQUIRED CONTRIBUTIONS BY PARTICIPANTS.
Each Eligible Employee shall make Required Contributions as of the date he enters the Plan. These
Contributions shall be made for each pay period in which he is an Eligible Employee.
The amount of each Contribution will be equal to 6% 9% of his Compensation for the pay
period.
A participant shall not make Required Contributions during any period he is receiving
disability payments under the DISABILITY BENEFITS SECTION of Article V or, on or after his
Normal Retirement Date.
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2006-0-34
11
The Participant's Required Contribution Account is fully (100%) vested and nonforfeitable
at all times.
PART C.
AMENDMENT OF THE POLICE RETIREMENT PLAN,
SECTION 4.01 (ACCRUED BENEFIT) AND SECTION 4.02
(BENEFIT LIMIT A TION) OF ARTICLE IV (RETIREMENT
BENEFITS)
The Police Retirement Plan, Section 4.0] (Accrued Benefit) and Section 4.02 (Benefit Limitation)
of Article IV (Retirement Benefits) is hereby amended to read as follows:
ARTICLE IV
RETIREMENT BENEFITS
SECTION 4.01
ACCRUED BENEFIT.
An Active Participant's monthly Accrued Benefit as of any date, subject to the modifications
below, will be equal to the product of ( a) and (b) below:
(a) 2% of average compensation multiplied by accrued service up to ]0/0]/]987.
(b) 3% 3.5% of average compensation multiplied by accrued service after] 0/0]/] 987.
SECTION 4.02
BENEFIT LIMITATION.
(a) To determine the benefit limitation set forth in this section, the following terms are defined:
Aggregate Annual Addition means, for a Participant with respect to any Limitation Year, the sum
of his Annual Additions under all defined contribution plans of the employer, as defined in this
section. The nondeductible participant contributions which the Participant makes to a defined
benefit plan shall be treated as Annual Additions to a defined contribution plan. The Contributions
the Employer, as defined in this section, made for the Participant for a Plan Year beginning on or
after March 3], ] 984, to an individual medical benefit account, as defined in Code Section 4l5( 1 )(2),
under a pension or annuity plan of the Employer, as defined in this section, shall be treated as Annual
Additions to a defined contribution plan. Also, amounts derived from contributions paid or accrued
after December 31, ] 985, in Fiscal years ending after such date, which are attributable to post-
retirement medical benefits allocated to the separate account of a key employee, as defined in Code
Section 419A( d)(3), under a welfare benefit fund, as defined in Code Section 419(3), maintained by
the Employer, as defined in this section, are treated as Annual Additions to a defined contribution
plan. The 25% of Compensation limit under Annual Addition does not apply to Annual Additions
resulting from contributions made to an individual medical account, as defined in Code
Section4l5( 1 )(2), or to annual Additions resulting from contributions for medical benefits, within
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2006-0-34
12
the meaning of Code Section 419 A, after separation from service.
Annual Addition means the amount added to a Participant's account for any Limitation Year under
this Plan or another retirement plan maintained by the Employer, as defined in this section, which
may mot exceed a maximum permissible amount of the lesser of(1) or (2) below:
(1) The greater of$30,000 or one-fourth of the maximum dollar limitation which applies to the
defined benefit plans. (Before the TEFRA Compliance Date, $25,000 multiplied by the cost
of living adjustment factor permitted by Federal regulations.)
(2) 25% of his Compensation, as defined in this section, for such Limitation Year.
The amount in (1) above shall not be adjusted before January 1, 1988.
The Annual Addition under any plan for a Participant with respect to any Limitation Year, shall be
equal to the sum of (3) and (4) below:
(3) Employer contributions and forfeitures credited to his account for the Limitation Year.
(4) Participant contributions made by him for the Limitation Year.
Before the first Limitation Year beginning after December 31, 1986, the amount under (4) above is
the lessor of (i) ~ of his nondeductible participant contributions made for the Limitation Year, or
(ii) the amount, if any, of his nondeductible participant contributions made for the Limitation Year
which is in excess of six nine percent of his Compensation, as defined in this section, for such
Limitation Year.
Annual Benefit means a retirement benefit under the Plan payable annually in the form of a ten (10)
year certain and life annuity or a survivor annuity. Except as provided where a Participant's benefit
that is payable in a form other than a ten (10) year certain and life annuity shall be adjusted to the
Actuarial Equivalent ten (10) year certain and life annuity before applying the limitations of this
section. The interest rate assumption used to determine the Actuarial Equivalent shall not be less
than five percent.
Compensation means compensation as defined in Article 1.
F or purposes of applying the limitations of this section, Compensation for a Limitation Year is the
Compensation actually paid or made available during such Limitation Year.
Current Accrued Benefit means a Participant's Accrued Benefit under the Plan, determined as if the
Participant had separated from service as of the close of the last Limitation Year beginning before
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13
January 1, 1987, when expressed as an annual benefit withing the meaning of Code Section
415(b )(2). In determining the amount of a Participant's Current Accrued Benefit, the following shall
be disregarded:
(1) any change in the terms and conditions of the plan after May 5, 1986; and
(2) any cost of living adjustments occurring after May 5, 1986.
Defined Benefit Dollar Limitation means $90,000 (before the TEFRA Compliance Date, $75,000
adjusted by the cost of living adjustment factor permitted by Federal regulations). Effective on
January 1, 1988, and each January 1 thereafter, the $90,000 limitation above will be automatically
adjusted by multiplying such limit by the cost ofliving adjustment factor prescribed by the Secretary
of the Treasury under Code Section 415( d) in such manner as the Secretary shall prescribed. The
new limitation shall apply to Limitation Years ending within the calendar year of the date of the
adjustment.
Defined Benefit Plan Fraction means, for a Participant with respect to a Limitation Year, the
quotient, expressed as a decimal, of
(1) the Participant's Project Annual Benefit as of the close of such Limitation year under all
defined benefit plans ever maintained by the Employer, as defined in this section, divided by
(2) on and after the TEFRA Compliance Date, the lesser of (I) or (ii) below:
(i) 1.25 multiplied by the dollar limitation determined for the Limitation Year under
Code Sections 415(b) and (d) and in accordance with (3) in the definition of
Maximum Permissible Amount, or
(ii) 1.4 multiplied by the Participant's Highest Average Compensation,
including any adjustments under Code Section 415(b).
Before the TEFRA Compliance Date this denominator is the Participant's Projected Annual
Benefit as of the close of the Limitation Year if the planes) provided in the maximum benefit
allowable.
The Defined Benefit Plan Fraction shall be modified as follows:
If the Participant was a participant as of the first day of the first Limitation Year beginning after
December 1, 1986, in one or more defined benefit plans maintained by the Employer, as defined in
this section, which were in existence on May 6, 1986, the denominator of this fraction will not be
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2006-0-34
14
less than 125 percent of the sum of the Annual Benefit and the annual benefits from such planes)
which the Participant had accrued as of the close of the last Limitation Year beginning before
January 1, 1987, disregarding any changes in the terms and conditions of the plans after May 5, 1986.
The preceding sentence applies only if the defined benefit plans individually and in the aggregate
satisfied the requirements of Code Section 415 for all limitation years beginning before January 1,
1987.
Defined Contribution Plan Fraction means, with respect to a Limitation Year for a Participant who
is or has been a participant in a defined contribution plan ever maintained by the Employer, as
defined in this section, the quotient, expressed as a decimal, of
(1) the Participant's Aggregate Annual Additions for such Limitation Year and all prior
Limitation Years, under all defined contribution plans (including the Aggregate Annual
Additions attributable to nondeductible accounts under defined benefit plans and attributable
to all welfare benefit funds, as defined in Code Section 419( e)) and attributable to individual
medical accounts, as defined in Code Section 415(1 )(2) ever maintained by the Employer,
as defined in this section, divided by
(2) on an after the TEFRA Compliance Date, the sum of the amount determined for the
Limitation Year under (i) or (ii) below, whichever is less, and the amounts determined in the
same manner for all prior Limitation Years during which he has been an Employee or an
employee of a predecessor employer:
(i) 1.25 multiplied by the greater of $30,000 or one-fourth of the maximum dollar
limitation which applies for defined benefit plans determined under Code Sections
415(b) and (d), or
(ii) 1.4 multiplied by 25% of the Participant's Compensation, as defined in this section,
for each such Limitation Year.
Before the TEFRA Compliance Date, this denominator is the sum of the maximum allowable
amount of Annual Addition to this account(s) under all the planes) of the Employer, as
defined in this section, for each such Limitation Year.
The Defined Contribution Plan l7action Fraction shall be modified as follows:
If the Participant was a participant as of the first day of the first Limitation Year beginning after
December 31, 1986, in or more defined contribution plans maintained by the Employer, as defined
in this section, which were in existence on May 6, 1986, the numerator of this fraction shall be
adjusted if the sum of the Defined Contribution Plan Fraction and Defined Benefit Plan Fraction
would otherwise exceed 1.0 under the terms of this Plan. Under the adjustment, the dollar amount
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2006-0-34
15
determined below shall be permanently subtracted from the numerator of this fraction. The dollar
amount is equal to the excess of the sum of the two fractions, before adjustment, over 1.0 multiplied
by the denominator of his Defined Contribution Plan Fraction. The adjustment is calculated using
his Defined Contribution Plan Fraction and Defined Benefit Plan Fraction as they would be
computed as of the end of the last Limitation Year beginning before January 1, 1987, and
disregarding any changes in the terms and conditions of the plans made after May 5, 1986, but using
the Code Section 415 limitation applicable to the first Limitation Year beginning on and after
January 1, 1987.
The annual addition for any Limitation Year beginning before January 1, 1987, shall not be
recomputed to treat all employee contributions as Annual Additions.
For a plan that was in existence on July 1, 1982, for purposes of determining the Defined
Contribution Plan Fraction for any Limitation Year ending after December 31, 1982, the Plan
Administrator may elect in accordance with the provisions of Code Section 415 that the denominator
for each Participant, for all Limitation Years ending before January 1, 1983, will be equal to
(1) the Defined Contribution Plan Fraction denominator which would apply for the last
Limitation Year ending in 1982 if an election under this paragraph were not made, multiplied
by
(2) a fraction, equal to (i) or (ii) below:
(i) the lesser of (A) $51,875, or (B) lA, multiplied by 25% of the Participant's
Compensation, as defined in this section, for the Limitation Year ending n 1981;
(ii) the lesser of (A) $41,500, or (B) 25% of the Participant's Compensation, as defined
in this section, for the Limitation Year ending in 1981.
The election described above is applicable only if the plan administrators under all defined
contributions plans of the Employer also elect to use the modified fraction.
Employer means any employer that adopts this Plan.
Highest Average Compensation means 100% of the average of a Participant's Compensation, as
defined in this section, during those three consecutive Limitation Years while he was an Employee,
(if employed less than three years) which give the highest average.
Limitation Year means the consecutive l2-month period within which it is determined whether or
not the limitations of Code Section 415 are exceeded. Limitation Year means each 12-consecutive
month period ending on June 30. If the Limitation Year is other than the calendar year, execution
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2006-0-34
16
of this Plan (or any amendment to this Plan changing the Limitation Year) constitutes the Employer's
adoption of written resolution electing the Limitation Year. If the Limitation Year is changed, the
new Limitation Year shall begin within the current Limitation Year.
Maximum Permissible Amount means, for a Participant with respect to any Limitation Year, the
lesser of
(1) the Defined Benefit Dollar Limitation, or
(2) his Highest Average Compensation for such Limitation Year.
The Maximum Permissible Amount shall be adjusted as follows:
(3) If the Participant has less than ten Years of Participation, the Defined Benefit Dollar
Limitation is reduced by one-tenth for each Year of Participation (or part thereof) less than
ten. If the Participant has less than ten Years of Service, the compensation limitation is
reduceg by one-tenth for each Year of Service (or part thereof) less than ten. The
adjustments of this (3) shall be applied in the denominator of the Defined Benefit Plan
Fraction based on Years of Service. Years of Service shall include future years occurring
before the Participant's Normal Retirement Age. Such future years shall include the year
which contains the date the Participant reaches Normal Retirement Age, only if it can be
reasonably anticipated that the Participant will receive a Year of Service for such year.
(4) If the Annual Benefit of the Participant commences before the Participant's Social Security
Retirement Age, but on or after age 62, the Defined Benefit Dollar Limitation as reduced
above, shall be determined as follows:
(i) If a Participant's Social Security Retirement Age is 65, the dollar limitation for
benefits commencing on or after age 62 is determined by reducing the Defined
Benefit Dollar Limitation by 5/9 of one percent for each month by which benefits
commence before the month in which the Participant attains age 65.
(ii) If a Participant's Social Security Retirement Age is greater than 65, the dollar
limitation for benefits commencing on or after age 62 is determined by reducing the
Defined Benefit Dollar Limitation by 5/9 of one percent for each of the first 36
months and 5/12 of one percent for each of the additional months (up to 24 months)
by which benefits commence before the months of the Participant's Social Security
Retirement Age.
(5) If the Annual Benefit of a Participant commences prior to age 62, the Defined Benefit Dollar
Limitation shall be the actuarial equivalent of an Annual Benefit beginning at age 62, as
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2006-0-34
17
determined above, reduced for each month by which benefits commence before the month
in which the Participant attains age 62. To determine actuarial equivalence, the interest rate
assumption is five percent. Any decrease in the defined benefit Dollar Limitation determined
in accordance with this provision (5) shall not reflect the mortality decrement to the extent
that benefits will not be forfeited upon the death of the Participant.
(6) If the Annual Benefit of a Participant commences after the Participant's Social Security
Retirement Age, the Defined Benefit Dollar Limitation as reduced in (3) above, ifnecessary,
shall be adjusted so that it is the actuarial equivalent of an Annual Benefit of such dollar
limitation beginning at the Participant's Social Security Retirement Age. To determine
actuarial equivalence, the interest rate assumption used is five percent.
(7) The provisions of this definition shall be modified as provided in:
(i) Code Section 415(b )(2)(F) for governmental plans (within the meaning of Section
414(d)), plans maintained by organizations (other than governmental units) exempt
from tax under Subtitle A of the Code, and qualified merchant marine plans; and
(ii) Section 415(b )(2)(0) and 415(b )(2)(H) of the Code for Plan Participants who are
qualified police or firefighters; and
(iii) Code Section 415(b )(9) for Plan Participants who are commercial airline pilots.
Proiected Annual Benefit means a Participant's expected Annual Benefit under any defined benefit
planes) ever maintained by the Employer, as defined in this section. The Project Annual Benefit
shall be determined assuming that the Participant will continue employment until the later of current
age or normal retirement age under such planes), and that the Participant's compensation for the
Limitation Year and all other relevant factors used to determine benefits under such planes) will
remain constant for all future Limitation years.
Years of Participation means one year (computed to fractional parts of a year) for each Plan Year for
which the following conditions are met:
(1) The Participant earns Credited Service for benefit accrual purposes, and
(2) The Participant is included as a Participant under the eligibility provisions ofthe Plan for at
least one day of the Plan year.
If these tow conditions are met, the portion of a Year of Participation credited to the
Participant shall equal the amount of Accrual Service credited to the Participant for such Plan
Year. A Participant who is totally and permanently disabled within the meaning of Code
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Section 415(c)(3)(C)(i) for a Plan Year shall receive a Year of Participation with respect to
that period. In addition, for a Participant to receive a Year of Participation (or part thereof)
for a Plan Year, the Plan must be established no later than the last day of such Plan Year.
In no event will more than one Year of Participation be credited for any 12-month period.
tbJ ill The Annual Benefit otherwise payable to a Participant at any time will not exceed the
Maximum Permissible Amount.
If the benefit a Participant would otherwise accrue in a Limitation Year would produce an
Annual Benefit in excess of the Limits above, the rate of accrual will be reduced so that the
Annual Benefit equals those limits.
t-e1.G22 If a Participant is, or has ever been, covered under more than one defined benefit Plan
maintained by the Employer, as defined in this section, the sum of the Participant's Annual
Benefit and the annual benefit(s) from such other planes) shall not exceed the Maximum
Permissible Amount. If such plans do not otherwise limit the annual benefits, the rate of
accrual in the plan most recently established shall be reduced to the extent necessary so that
the total of the annual benefits payable at any time under such planes) does not exceed the
Maximum Permissible Amount.
In the case of an individual who was a participant in one or more defined benefit plans of the
Employer, as defined in this section, as of the first day of the first limitation year beginning
after December 31, 1986, the application of the limitations of this section shall not cause the
Maximum Permissible Amount for such individual under all such defined benefit plans to
be less than the individual's Current Accrued Benefit. The preceding sentence applies only
if such defined benefit plans met the requirements of Code Section 415, for all limitation
years beginning before January 1, 1987.
If some of the Employer's defined benefit plans were not in existence on July I, 1982, and
some were in existence on that date, the Maximum Permissible Amount which is based on
a dollar amount may differ for a Limitation Year. The sum of the Participant's Annual
Benefits from all such plans for the Limitation Year in which the dollar limit differs shall not
exceed the lesser of (1) his Highest Average Compensation, (2) $136,425, or (3) the greater
of$90,000 or the sum of the annual benefit(s) for such Limitation Year under the planes) to
which the $136,425 dollar amount applies.
td7W The limitations imposed by subsections (b) and (c) above shall not apply if, for the current
or any prior Limitation Year, the sum of the Annual Benefit payable to a Participant under
this Plan and the annual benefit(s) under all other defined benefit plans ever maintained by
the Employer, as defined in this section, does not exceed the product of (1) and (2) below:
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2006-0-34
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(1) $1,000.
(2) The Participant's Years of Service or parts thereof (not to exceed ten years).
The provisions of this subsection td7 W do not apply if the Employer, as defined in this
section, ever maintained a defined contribution plan (other than nondeductible employee
contributions under a defined benefit plan), a welfare benefit plan as defined in Code Section
419( e), or an individual medical account as defined in Code Section 415( 1 )(2) in which the
Participant participated.
te7 @ If a Participant is or has been a participant in both defined benefit and defined contribution
plans (including a welfare benefit fund, as defined in Code Section 4l9(e)), or an individual
medical account, as defined in Code Section 4l5( 1 )(2), ever maintained by the Employer,
as defined in this section, the sum of the Defined Benefit Plan Fraction and the Defined
Contribution Plan Fraction for any Limitation Year shall not exceed 1.0 (1.4 before the
TEFRA Compliance Date).
After all other limitations set out in the plans and funds have been applied, the following
limitations shall apply so that the sum of the Participant's Defined Benefit Plan Fraction and
Defined Contribution Plan Fraction shall not exceed 1.0 (1.4 before the TEFRA Compliance
Date). The Projected Annual Benefit shall be limited first. If the Participant's annual
benefit(s) equal his Projected Annual Benefit, as limited, then Annual Additions to the
defined contribution planes) shall be limited to amounts that will reduce the sum to 1.0 (1.4).
First, the voluntary contributions the Participant may make for the Limitation year Year shall
be limited. Next, in the case of a profit sharing plan, any forfeitures allocated to the
Participant shall be reallocated to remaining participants to the extent necessary to reduce the
decimal to 1.0 (1.4). Last, to the extent necessary, employer contributions shall be
reallocated or limited for the Limitation year. If employer contributions are reallocated or
limited, then required and optional employee contributions to which such employer
contributions were geared shall be reduced in proportion.
If, for the Limitation Year, the Participant has an Annual Addition under more than on
defined contribution plan or welfare benefit fund or individual medical account maintained
by the Employer, as defined in this section, and such plans and welfare benefit funds and
individual medical accounts do not limit the aggregate Annual Addition to the maximum
permissible amount, any reduction above shall be made first to the profit sharing plans, then
to all other such plans and welfare benefit funds and individual medical accounts and, if
necessary, by reducing first those that were most recently allocated. However, elective
deferral contributions shall be the last contributions reduced before the welfare benefit fund
or individual medical account is reduced. The annual addition to the welfare benefit fund
and individual medical accounts shall be limited last.
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ffl ill If a Participant's annual amount of retirement benefit is reduced because he received an
earlier distribution under the Plan which is derived from the Employer Contributions, his
benefit limitation on the date the benefit is payable shall be reduced by excess of (1) over (2)
below:
(1) The Annual Benefit that would have been payable if he had not received an earlier
distribution provided by Employer Contributions.
(2) The reduced Annual Benefit payable.
fgJ ill If, for the Limitation Year, a Participant has an Annual Addition, the Participant's Aggregate
Annual Addition may not exceed the maximum permissible amount.
Contributions and forfeitures which would otherwise be credited to the Participant's accounts
shall be limited to the extent necessary to meet the maximum permissible amount of
Aggregate Annual Addition. Any nondeductible voluntary contributions under this Plan and
any other retirement plans shall be limited first. Next, contributions and forfeitures under
the other retirement planes) shall be limited or reduced according to the provisions of such
planes).
If, due to (i) an error in estimating the Participant's Compensation as defined in this section,
(ii) because forfeitures cannot be reallocated to remaining participants due to the contribution
limitations under such planes), (iii) because the amount of the forfeitures to be used to offset
employer contributions under such planes), is greater than the amount of the employer
contributions due for the remaining participant(s), or (iv) other limited facts or
circumstances, a Participant's Aggregate Annual Addition is greater than the maximum
permissible amount, such excess amount shall be applied as follows. Nondeductible
voluntary contributions will be returned to the Participant. If after the return of
nondeductible voluntary contributions an excess amount still exists, and the Participant is an
active participant under the other planes) as of the end of the Limitation Year, the excess
amount shall be used to offset employer contributions under such planes) for him in the next
Limitation year. If after the return of nondeductible voluntary contributions an excess
amount still exists, and the Participant is not an active participant under the planes) as of the
end of the Limitation Year, the excess amount will be held in a suspense account under the
other retirement plans which will be used to offset employer contributions for all participants
in the next Limitation Year. No employer contributions or participant contributions that
would be included in the next Limitation Year's annual addition may be made before the
total that would be included in the next Limitation Year's Annual Addition may be made
before the total suspense account has been used or reallocated.
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21
PART D.
AMENDMENT OF THE POLICE RETIREMENT PLAN,
SECTION 6.03 (OPTIONAL FORMS OF DISTRIBUTION AND
DISTRIBUTION REQUIREMENTS) OF ARTICLE VI (WHEN
BENEFITS START AND DISTRIBUTION OF BENEFITS)
The Police Retirement Plan, Section 6.03 (Optional Forms of Distribution and Distribution
Requirements) of Article VI (When Benefits Start and Distribution of Benefits) is hereby amended
to read as follows:
ARTICLE VI
WHEN BENEFITS START AND DISTRIBUTION OF BENEFITS
SECTION 6.03
OPTIONAL FORMS OF DISTRIBUTION AND DISTRIBUTION
REQUIREMENTS.
(a) For purposes of this section, the following terms are defined:
Designated Beneficiary means the individual who is designated as the beneficiary under the
Plan in accordance with Code Section 401(a)(8) and the proposed regulations thereunder.
Distribution Calendar Year means a calendar year for which a minimum distribution is
required. For distributions beginning before the Participant's death, the first Distribution
Calendar Year is the calendar year immediately preceding the calendar year which contains
the Participant's Required Beginning Date. For distributions beginning after the
Participant's death, the first Distribution Calendar Year is the calendar year in which
distributions are required to begin pursuant to (h) below.
Joint and Last Survivor Expectancy means the joint and last survivor expectancy calculated
using the attained age of the Participant (or Designated Beneficiary) as of the Participant's
(or Designated Beneficiary's) birthday in the applicable calendar year. The applicable
calendar year shall be the Distribution Calendar Year. If annuity payments commence before
the Required Beginning Date, the applicable calendar year is the year such payments
commence. Joint and Last Survivor Expectancy is computed by use of the expected return
multiples in Table VI of section 1.72-9 of the Income Tax Regulations.
Life Expectancy means the life expectancy calculated using the attained age of the
Participant (or Designated Beneficiary) as of the Participant's (or Designated Beneficiary's)
birthday in the applicable calendar year. The applicable calendar year shall be the
Distribution Calendar Year. If annuity payments commence before the Required Beginning
Date, the applicable calendar year is the year such payments commence. Life Expectancy
is computed by use of the expected return multiples in Table V of section 1.72-9 of the
Income Tax Regulations.
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2006-0-34
22
Required Beginning Date means, for a Participant, the later of the April 1 following the
calendar year in which a Participant attains age 70 Y2 or the April 1 of the year following the
calendar year in which retirement occurs.
(b) The optional forms of retirement benefit shall be the following: a straight life annuity; single
life annuities with certain periods of five, ten or fifteen years; and survivorship life annuities
with survivorship percentages of 50, 66 2/3, 75 or 100 and a Deferred Retirement Option
Program (DROP). described herein. The benefit payable on any optional annuity form
available above (other than the Normal Form) shall be the Actuarial Equivalent of the benefit
that would otherwise be payable on the Formal Form.
Election of an optional form is subject to the qualified election provisions of Article VI.
Any annuity contract distributed shall be nontransferable. The terms of any annuity contract
purchased and distributed by the Plan to a Participant or spouse shall comply with the
requirements of this Plan.
The DROP shall be as follows: a police officer may retire for all purposes of the plan and
defer receipt of retirement benefits into a DROP account while continuing employment with
the City as follows:
.L Eligibility
An "eligible police officer" of the City of Edge water, Florida Police Officers' Pension Fund,
defined as a police officer in Section 185.02(11) of the Florida Statutes, who has attained age
fifty-five (55) and completed five (5) years of Accrual Service or who has completed twenty
(20) years of Accrual Service shall have a five (5) year period to elect participation in the
DROP. On such election, participation in the DROP shall commence on the first day of the
month coincident with or next following such election, which date shall constitute the "initial
date of eligibility".
2. Written Election
An eligible police officer electing to participate in DROP must complete and execute such
forms as may be required bv the Board of Trustees not less than thirty (30) days prior to
entering into the DROP. The forms shall include, but not be limited to, an irrevocable letter
of resignation effective no later than the conclusion of the maximum period of DROP
participation. Election into DROP is irrevocable provided, however, there is no minimum
period of participation.
.;L Limitation/Disqualifications for Other Benefits
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2006-0-34
23
An eligible police officer may elect to partIcIpate in the DROP only once. After
commencement of participation in DROP, a police officer shall no longer earn, accrue or
purchase additional service credits towards retirement benefits and shall not be eligible for
pre-retirement death benefits or later enhancements to the City of Edge water Police Officers'
Pension Plan, however shall remain eligible for disability benefits provided herein.
On election to participate in the DROP, an eligible police officer shall be given a thirty (30)
day period to elect one of the following options concerning the liquidation of accrued leave:
ill. Convert total accrued leave to compensation:
@ Convert part of accrued leave to compensation and retain an accrued leave
balance:
(iii) Maintain total accrued leave balances.
4. Cessation or Reduction of Contributions
Upon the effective date of an eligible police officer's partIcIpation in DROP, all
contributions by and on behalf of the police officer to the Plan shall be discontinued.
i. Benefit Calculation
For all plan purposes, service and vesting credits of an eligible police officer electing DROP
shall be fixed as of the effective date of commencement of DROP participation. Anv service
as a police officer after entry into DROP shall not be used for calculation or determination
of benefits payable by the Plan. The average final compensation of a participant, as defined
in this Plan, shall be determined as of the effective date of commencement of DROP
participation and any subsequent earnings shall not be used for calculation or determination
of benefits payable by the Plan.
6. Benefit Credits to DROP Account
a. Upon entry into DROP, the monthly retirement benefit which would have
been payable had the police officer ceased employment and commenced receiving
a normal retirement benefit shall be credited to the police officer's DROP account
on a monthly basis. No benefit credits from the Plan shall be made to a DROP
account for more than the maximum period of DROP participation.
b. No police officer shall receive a credit to the police officer's DROP account
until the required DROP forms have been submitted including the police officer's
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2006-0-34
24
irrevocable letter of resignation and the City has actually discontinued the police
officer's contributions to the plan.
7. DROP Account Earnings
Each DROP account shall be eligible to earn interest in accordance with the following
method, which may be amended by the Board of Trustees periodically:
The DROP account shall earn interest equal to the actual earnings of
the investments of the City of Edgewater Police Officers' Pension
Plan, net of fees as determined by the actuary using the standard IRS
formula for purposes of reporting the annual investment return on
Schedule B (Form 5500\ whether or not such form is actually
required for this plan and less an administrative fee, (not to exceed
one-quarter of one percent (,25%)) to be established annually on
October 1 st of each fiscal year by the Board of Trustees.
8. Maximum Period of Participation
An eligible police officer may elect to participate in DROP for a maximum of sixty (60)
months. At the conclusion of the maximum period of DROP participation, retirement benefit
payments to the DROP account shall cease and the police officer's termination from
emplovment with the City shall become effective pursuant to the irrevocable letter of
resignation.
~ Administrative Fee for DROP Account
An annual administrative fee, of not more than one-quarter of one percent (,25%\ shall be
charged on each October 1 st for the administration and operation of a police officer's DROP
account at a rate established bv the Board of Trustees. In the case of a participant who
separates from service after October 1 st, the administrative fee shall be paid on a prorated
basis for the partial year of participation.
.l!h Distribution of DROP Account
a. Upon termination of a police officer's City employment, whether by
retirement. resignation, discharge or death, no further benefit credits shall be made
to the DROP account.
b. All retirement benefits paid after termination of employment shall be made
directly to the police officer, or in the case of death, in accordance with any
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2006-0-34
25
survivorship option which the police officer elected.
c. Within sixty (60) days following the end of the month in which the police
officer terminated employment the balance of the police officer's DROP account
shall be paid to the police officer as a lump sum or by rollover to another qualified
retirement plan. The police officer must elect the method of payment within thirty
(30) days following the end of DROP participation and the election shall be
irrevocable. Failure to elect a payment within the prescribed time s hall be deemed
an election to receive pavment of the entire DROP account balance in cash, less
required income tax withholding.
d. Notwithstanding the option selected by the police officer, the Board of
Trustees reserves the right to accelerate payments to comply with the minimum
distribution provisions of the Internal Revenue Code or to defer payments to comply
with the maximum benefit provisions of the Internal Revenue Code,
l.L Disability of a DROP Participant
If the City determines as provided under the worker compensation statutes of the State of
Florida and the current collective bargaining agreement that a police officer has become
unable to perform the duties of an Edgewater police officer due to service or non-service
related disability and terminates the employment of the police officer for this reason, the
police officer shall be deemed to have retired on a disability retirement and shall be entitled
to benefits provided in the Disability Benefits of this plan, DROP participation shall end
effective on the date of such determination by the City. Distribution of the DROP account
balance shall be made in accordance with the provisions and requirements of this section in
the manner elected by the police officer.
~ Death of a DROP Participant
If a DROP participant dies, the police officer shall be deemed to have retired upon entry into
DROP and the balance in the DROP account shall be distributed in accordance with the
distribution methodology (Paragraph 10 above) elected by the police officer, or if no such
election has been made, the police officer's designated beneficiary may elect the method of
payment in accordance with the time and election requirements of Paragraph 10 above.
Survivorship benefits, if any, shall be paid in accordance with the police officer's benefit
elections upon entrv into DROP.
11.:. Forms
All forms and notices used in the administration of the DROP shall be prepared through ioint
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2006-0-34
26
cooperation between the City of Edgewater and the Board of Trustees.
Back DROP
L Eligibility: Duration of Back-DROP Election
The Back-DROP shall be defined as a partial lump sum distribution with a forward annuity
for the remainder of the lifetime of the participant available only to participants who have
passed the initial DROP eligibility date as of the effective date of this ordinance. This sub-
section sets forth rights for participation in the Back-DROP.
2. Participation in Back-DROP
Participants who have attained Normal Retirement Date, as of the effective date of the
ordinance shall be eligible to elect to participate in the Back-DROP. Back-DROP benefits
shall be up to twenty-four (24) months of accumulated pension payments utilizing service
accrued and average final compensation based on what would have been the participant's
selected date of eligibility then in existence. Any contributions paid by the eligible
participant during the Back-DROP period, not to exceed twenty-four (24) months, shall be
transferred to the participant's Back-DROP account. The Back-DROP account shall be
credited with interest equal to five percent (5%) annually from the selected date of Back-
DROP initiation to the date of the participant's retirement resignation from employment with
the City. In the case of a partial year's participation, interest shall prorated to achieve that
applicable rate of interest set forth in this section on an annualized basis. Interest s hall be
compounded annually. As part of the application process for Back-DROP, participants shall
submit an irrevocable letter of retirement resignation to take effect immediately upon
completion of the Back-DROP application process. Participants electing the Back-DROP
shall also elect a distribution methodology ofthe Back-DROP account on the same basis as
a DROP participant as provided in section (d)( I 0) herein.
( c) The optional forms of death benefit are any annuity that is an optional form of retirement
benefit.
Cd) Subject to the AUTOMATIC FORMS OF DISTRIBUTION SECTION of Article VI, joint
and survivor annuity requirements, the requirements of this section shall apply to any
distribution of a Participant's interest and will take precedence over any inconsistent
provisions of this Plan. Unless otherwise specified, the provisions of this section apply to
calendar years beginning after December 31, 1984.
All distributions required under this section shall be determined and made in accordance with
the proposed regulations under Code Section 401 (a)(9), including the minimum distribution
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2006-0-34
27
incidental benefit requirement of section 1.041 (a)(9)-2 of the proposed regulations.
(e) Required Beginning Date. The entire interest ofa Participant must be distributed or begin
to be distributed no later than the Participant's Required Beginning Date.
(f) Limits on Distribution Periods. As of the first Distribution Calendar Year, distributions, if
not made in a single sum, may only be made over one of the following periods (or
combination thereof):
(1) the life of the Participant,
(2) the life of the Participant and a Designated Beneficiary,
(3) a period certain not extending beyond the Life Expectancy of the Participant, or
(4) a period certain not extending beyond the Joint and Last Survivor Expectancy of the
Participant and a Designated Beneficiary.
(g) Determination of amount to be distributed each year.
(1) If the Participant's interest is to be paid in the form of annuity distributions under the
Plan, payment under the annuity shall satisfy the following requirements:
(i) the annuity distributions must be paid in periodic payments made at intervals
not longer than one year;
(ii) the distribution period must be over a life (or lives) or over a period certain
not longer than a Life Expectancy (or Joint and Last Survivor Expectancy)
described in Code Section 40 1 (a)(9)(A)(ii) or Code Section 40 1 (a)(9)(B)(iii),
whichever is applicable;
(iii) the Life Expectancy (or Joint and Last Survivor Expectancy) for purposes of
determining the period certain shall be determined without recalculation of
Life Expectancy;
(iv) once payments have begun over a period certain, the period certain may not
be lengthened even if the period certain is shorter than the maximum
permitted;
(v) payments must either be non-increasing or increase only as follows:
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2006-0-34
28
(a) with any percentage increase in a specified and generally recognized
cost-of-living index;
(b) to the extent of the reduction to the amount of the Participant's
payments to provide for a survivor benefit upon death, but only if the
Beneficiary whose life was being used to determine the distribution
period described in (f) above dies and the payments continue
otherwise in accordance with (f) above over the life ofthe Participant;
( c) to provide cash refunds of employees contributions upon the
Participant's death; or
(d) because of an increase in benefits under the Plan.
(vi) if the annuity is a life annuity (or a life annuity with a period certain not
exceeding 20 years), the amount which must be distributed on or before the
Participant's Required Beginning Date (or, in the case of distributions after
the death of the Participant, the date distributions are required to begin
pursuant to (h) below) shall be the payment which is required for one
payment interval. The second payment need not be made until the end of the
next payment interval even if that payment interval ends in the next calendar
year. Payment intervals are the period for which payments are received, e.g.,
bimonthly, monthly, semi-annually, or annually.
If the annuity is a period certain annuity without a life contingency (or is a
life annuity with a period certain exceeding 20 years) periodic payments for
each Distribution Calendar Year shall be combined and treated as an annual
amount. The amount which must be distributed by the Participant's Required
Beginning Date (or, in the case of distributions after the death of the
Participant, the date distributions are required to begin pursuant to (h) below)
is the annual amount for the first Distribution Calendar Year. The annual
amount for other Distribution Calendar Years, including the annual amount
for the calendar year in which the Participant's Required Beginning Date (or
the date distributions are required to begin pursuant to (h) below) occurs,
must be distributed on or before December 31 of the calendar year for which
the distribution is required.
(2) Annuities purchased after December 31, 1988, are subject to the following additional
contributions:
(i) Unless the Participant's spouse IS the Designated Beneficiary, if the
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2006-0-34
29
Participant's interest is being distributed in the form of a period certain
annuity without a life contingency, the period certain as of the beginning of
the first Distribution Calendar Year may not exceed the applicable period
determined using the table set forth in Q&A A-5 of section I AOI(a)(9)-2 of
the proposed regulations.
(ii) If the Participant's interest is being distributed in the form of a joint and
survivor annuity for the joint lives of the Participant and a nonspouse
Beneficiary, annuity payments to be made on or after the Participant's
Required Beginning Date to the Designated Beneficiary after the Participant's
death must not at any time exceed the applicable percentage of the annuity
payment for such period that would have been payable to the Participant
using the table set forth in Q&A A-6 of section 4.01 (a)(9)-2 of the proposed
regulations.
(iii) Transitional rule. If payment under an annuity which complies with (1)
above begins prior to January 1, 1989, the minimum distribution
requirements in effect as of July 27,1987, shall apply to distributions from
this Plan, regardless of whether the annuity form of payment is irrevocable.
This transitional rule also applies to deferred annuity contracts distributed to
or owned by the employee prior to January I, 1989, unless additional
contributions are made under the Plan by the Employer with respect to such
contract.
(iv) If the form of distribution is an annuity made in accordance with this (g), any
additional benefits accruing to the Participant after his Required Beginning
Date shall be distributed as a separate and identifiable component of the
annuity beginning with the first payment interval ending in the calendar year
in which such amount accrues.
(v) Any part of the Participant's interest which is in the form of an individual
account shall be distributed in a manner satisfying the requirements of Code
Section 40 I (a)(9) and the proposed regulations thereunder.
(h) Death Distribution Provisions.
(1) Distribution beginning before death. If the Participant dies after distribution of his
interest has begun, the remaining portion of such interest will continue to be
distributed at least as rapidly as under the method of distribution begin used prior to
the Participant's death.
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2006-0-34
30
(2) Distribution beginning after death. If the Participant dies before the distribution of
his interest begins, distribution of the Participant's entire interest shall be completed
by December 3 I of the calendar year containing the fifth anniversary of the
Participant's death except to the extent that an election is made to receive
distributions in accordance with (i) or (ii) below:
(i) If any portion of the Participant's interest is payable to a Designated
Beneficiary, distributions may be made over the life or over a period certain
not greater than the Life Expectancy of the Designated Beneficiary
commencing on or before December 31 of the calendar year immediately
following the calendar year in which the Participant died;
(ii) If the Designated Beneficiary is the Participant's surviving spouse, the date
distributions are required to begin in accordance with (i) above shall not be
earlier than the later of (a) December 31 of the calendar year immediately
following the calendar year in which the Participant died and (b) December
31 of the calendar year in which the Participant would have attained age 70
1/2.
If the Participant has not made an election pursuant to this (2) by the time of his
death, the Participant's Designated Beneficiary must elect the method of distribution
no later than the earlier of (a) December 31 of the calendar year in which
distributions would be required to begin under this (h), or (b) December 31 of the
calendar year which contains the fifth anniversary of the date of death of the
Participant. If the Participant has no Designated Beneficiary, or if the Designated
Beneficiary does not elect a method of distribution, distribution of the Participant's
entire interest must be completed by December 31 of the calendar year containing the
fifth anniversary of the Participant's death.
(3) For purposes of (2) above, if the surviving spouse dies after the Participant, but
before payments to such spouse begin, the provisions of(2) above, with the exception
of (ii) therein, shall be applied as if the surviving spouse were the Participant.
(4) For purposes of this (h), any amount paid to a child of the Participant will be treated
as if it had been paid to the surviving spouse if the amount becomes payable to the
surviving spouse when the child reaches the age of majority.
(5) For the purpose of this (h), distribution of a Participant's interest is considered to
begin on the Participant's Required Beginning Date (or, if (3) above is applicable, the
date distribution is required to begin to the surviving spouse pursuant to (2) above).
If distribution in the form of an annuity described in (g) above irrevocably
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2006-0-34
31
commences to the Participant before the Required Beginning Date, the date
distribution is considered to begin is the date distribution actually commences.
PART E.
FILING WITH THE DIVISION OF RETIREMENT
Upon adoption, a copy of this Ordinance and modifications to the City of Edgewater Police
Retirement Plan shaIl be filed with the Division of Retirement of the Florida Department of
Management Services.
PART F.
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 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
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PARTH.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
Stl tick tlllou~h passages are deleted.
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2006-0-34
32
PART I.
ADOPTION.
After Motion to approve by
and Second by
, the vote on the first reading of this ordinance held on September 25,
2006 is as follows:
AYE
NAY
Mayor Mike Thomas
Councilman Debra Jean Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
After Motion to approve by
and Second by
, the vote on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Mike Thomas
Councilwoman Debra 1. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
StI tick t1dotl~h passages are deleted.
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2006-0-34
33
PASSED AND DULY ADOPTED this 2nd day of October, 2006.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
Stltlc;k t1110tlgl. passages are deleted.
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2006-0-34
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 2nd day
of October, 2006 under Agenda Item No.
6
34
AGENDA REQUEST
Date: September 14, 2006
PUBLIC
HEARING RESOLUTION
ORDINANCES
BOARD
APPOINTMENT September 25,2006 CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Request for appointment to the Economic Development Board to fill two (2) vacancies.
BACKGROUND:
The Economic Development Board currently has two (2) vacancies due to the expiration of Mr. Hugh Sheean's
term July 21, 2006 and the resignation of Mr. Fred Fathi on August 2, 2006.
The Board asks the Council to strongly consider their desire to maintain the consistency of the Board as to the
varied business background.
STAFF RECOMMENDATION:
At their regular meeting held on September 6, 2006, the Economic Development Board voted unanimously to send
the following recommendations to City Council:
I) To appoint Ms. Patricia Reid to fill a three year term formerly held by Mr. Hugh Sheean; and
2) To appoint Ms. Marcia Barnett to fill a three year term formerly held by Mr. Fred Fathi.
Both terms to begin September 25,2006 and to expire September 12,2009.
ACTION REQUESTED:
Motion:
I) To appoint Ms. Patricia Reid to fill a three year term formerly held by Mr. Hugh Sheean; and
2) To appoint Ms. Marcia Barnett to fill a three year term formerly held by Mr. Fred Fathi.
Both terms to begin September 25, 2006 and to expire September 12,2009.
FUNDS AVAILABLE:
ACCOUNT NUMBER:
N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED): N/A
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
Respectfully submitted,
~
Patricia Drosten, Board Coordinator
Economic Development Board
;:-~..
;
'.f A
APPLICATION FOR APPOINTMENT TO
CITY BOARDS AND COMMITTEES
Na:,~ c.L-+v \~c..:.. 0.- ~...d
Address 2."32-0 \..YOoo..'o-.........O b-r E~,p. '-==t-L
,
Home Phone 3'? t:,. ~"3 -ttq '? \ Business Phone S ~ b. 4 D q - q '300
Occupation P:n-r\ ,<.... "<1 - A- V P
Are you a registered voter? \f e.s
Are you a resident of Edgewater? --'1 e...$
Voting District Edq '3
How long? \ 17-- ~ 0
, ,~
%'\S -r\ cv 0
(~.< 1- 'i --.so)
Is your principal place of employment in Edgewater? C\o-t- cd-
If yes how long?
Briefly state your interest in serving on a City board or committee:
(Y)oV~N.) bYn"",,,,~ s~-k. +0, Pr\dP~ hll Y()(}f e>rd'
State your experience/qualifications ~Y.LV\ DIU \'1 0, n E ~D"D~1 {'- \)g ,,\iCQ../d
llJ.I ~e~ 6a:v~ n-f P'YOt-tN- +01" 5EVC-DC-
Are you employed by the City? ('Va Do you hold public office? r\> 0
At the present time, do you serve on any other Boards or committees?
Ifso,listeach:St:.Vc...Dc...... ~oD t'\~~~ ~y~.J-~ ()Jrn~
/
Have you ever served on any boards or committees? E r ()" - Ou ~d crt' ~rr ...u.:f-t-te",.
If so, list each:
(BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE THE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON
AND RANK THEM ACCORDING TO CHOICE BY NUMBER
_ANIMAL CONTROL BOARD
_GENERAL EMPLOYEES PENSION BOARD
_CITIZEN CODE ENFORCEMENT BOARD
_CONSlRUCTION REGULATION BOARD
~ECONONUCDEVELOPNffiNTBOARD
_FIREFIGHTERS PENSION BOARD
LIBRARY BOARD
_RECREATION & CULTURAL SERVICES
_PLANNING & ZONING BOARD
_POLICE PENSION BOARD
_VETERANS PARK ADV. COMMITTEE
Si~~
(REVISED (2-10-04)
'O~~
__ u ~
Date 5 ~2.. 4- 0 c-
...-
THE CITY OF EDGEWATER
POST OFFICE BOX 100, EDGEWATER, FLORIDA 32132-0100
J'
Mayor Michael L. Thomas
District 1 Councilwoman Debra J. Rogers
District 2 Vice Mayor Dennis A. Vincenzi
District 3 Councilwoman Harriet E. Rhodes
District 4 Councilwoman Judith R. Lichter
Interim City Manager Jon Williams
City Attorney Paul Rosenthal
City Clerk Susan 1. Wadsworth, CMC
May 30, 2006
Patricia Reid
2320 Woodland Dr.
Edgewater, Fl. 32141
Dear Ms. Reid,
Thank you for submitting your recent application showing your interest to serve on our City Boards or
Committees. A copy of your application will be retained in the appropriate files and as vacancies occur on
a Board or Committee your application will be reviewed. The City Council and/or Board/Committee
members may contact you for an interview or with questions pertaining to your application. The City
Boards/Committee may make a recommendation to the City Council but it is the duty of the City Council
to make that Board or Committee appointment.
You will be notified if you are selected to serve on a Committee or Board. Again, thank you for your
interest in helping to make our City a better place to live.
Please, if you should have any questions or concerns regarding serving on any of the City Boards or
Committees you can contact the City Clerk's office at 386-424-2407 and we will be happy to help you.
,.v._...... .
Susan J. Wadsworth ,CMC
City Clerk
104 NORTH RIVERSIDE DRIVE
FAX-(386)424-2409 SUNCOM 383-2407
CITY CLERK-(386)424-2407
Swadsworth@cityofedgewater.org
l-
06-27-06P02:07 FILE
Marcia E. Barnett
(386) 426-8268 phone
(386) 426-1760 fax
(386) 689-4592 cell
June 27, 2006
City of Edgewater
clo Susan J. Wadsworth, CMC
104 N. Riverside Drive
Edgewater, FL 32132
Dear Ms. Wadsworth,
I would like to take this opportunity to re-submit my application for the available seat on
the Economic Development Board. I appreciate all who supported my nomination from
that Board. However, since that appointment did not go favorable with the current City
Council, I have included additional information about my qualifications.
My understanding of the charter of this group is to help create new jobs, expand the tax
base, diversify the economy and enhance the quality of life in Edgewater. Another key
goal of that group is to market the economic benefits of the community. This job takes a
top notch sales person, and someone who believes that the economy of this City is
dependent on bringing in good jobs, and vehicles that will generate income for the City
that will alleviate the tax burden on its citizens. I am a top notch sales person'with the
dedication that it takes to get a job done. My husband accuses me of beating dead
horses back to life.
I hope that any resume or application will be scrutinized thoroughly before accepting it
at face value.
In any event, I appreciate your assistance in getting this information to the appropriate
persons, and I only hope that each person who is appointed will be an asset to the
Board and our City.
Respectfully,
~
Marcia E. Barnett
Marcia E. Barnett
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THE CITY OF EDGEWATER
-POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132.0100
RECEIVED
APPUCATION FOR APPOINTMENT TO CITY
BOARDS OR COMMITTEES
OCT 2 5 Z005
NAME: ~. ~A~lrr
ADDRESS: /02."'/~ ,Ikt.
HOMEPHONE:~' ~.%" .82,~8
OCCUPATION: ~n:>,(.
CITY UANAGER
~?I~Z.-L. Ye .s#l/~
BUSINESSPHONE: .38" ~8'l"~S9:t
Are you a resident of Edgewater? ~.A~ How long?
. Is your principal place of employment in Edgewater? II'"'"
Briefly state your interest in serving on a city board or committee:
.. .
7~
qyes, how long? ~
~ Cb71&::f-~~~"~ 't!!~~ ~~
SlllteYOllr_t!;~(:~ ~1.Jh~1 ~ --.:. 'iJPfb/4-
Are you a registered voter? ~
Are you employed by the City? ~
Do you hold public o.fflce? ~
At the presenNime, do you serve on any other Boards or Committees? A1J
q so, list each:
Have you ever served on any boards, agencies, or committees?
.
qso, list each: .ItIh#LJ d.~~~<<ML
1'''
~ ~
(BOARD AND COMMITTEE MEMBERSMAY 'E REQUIRED TO FILE WITH 'E STATE, FL '!ANCIAL
DISCLOSURE FORMS EACH YEAR)
Please indicate boards or committees you would Oke to serve on and rank them according to choice by number.
Animal Control Board
. General Employees Pension Board
Citizen Code Enforcement Board
Library Board
Construction Regulation Board
Recreation & Cultural Services
I
Economic Development Board
Planning & Zoning Board
Firefighters Pension Board
Police Pension Board
Veterans Park Adv. Committee
SIGNATURE:~'U.':"'; P." ~
, ,
10-25-05P04:24 RCVD
Date:
Marcia E. Barnett.
124 Flamingo Rd. Edgewater, FL 32141
(386) 426-8268 phone
(386) 426-1760 fax
barnetts4u{tV,aol.eom email
OBJECTIVE:
Widen the dimension of my career path, while increasing the diversity of my
knowledge and skills.
SKILLS:
More than 35 years experience in the work force has given me knowledge and skills
in the following areas:
Project Management Negotiations
Facilitation Quality Practices
Communications Public Speaking
Sales Computer Technology
Interpersonal Skills Networking
Real Estate CommerciallResidential
Technical Writing
Cost Reduction
Virtual/Home Office
V olunteerism
Budgeting
Capital & Expense planning
EMPLOYMENT HISTORY:
1999 - PRESENT FLORIDA LICENSED REAL TOR
In the time period that my husband and I have entered the Real Estate market until
now, we have maintained a high production standing in New Smyrna Board of
Realtors. In the past 18 months we have gained the number (1) position in New
Smyrna/Edgewater MLS., with volume y-t-d of over $47M.
2002 - Present
Venture I Properties, Ine
675 Douglas Ave.
Altamonte Springs, FL 32714
1999 - 2002
The Keyes Company
Third Ave.
New Smyrna Beach, FL 32168
1998 -1999
RETIREMENT
I took an early retirement when Champion International Corporation decided to offer
retirement incentives to employees. During the period between 1998 and 1999, my
husband and I lived and traveled in Australia. We resided in Perth, Brisbane, and
Esk, Australia.
Marcia E. Barnett
Employment History - con't
1980 -1998
CHAMPION INTERNATIONAL CORPORATION HAMILTON,OH
Telecommunications Analyst
. Develop and control annual expense budget of $10M, achieving favorable
results at year-end.
. Coordinate pricing, service and user education between employees and
vendors to achieve positive results for company; maintaining highest level of
service to customer/user.
. Coordinated and controlled all virtual office/home office, successfully setting
up technical and non-technical strategies.
. Designed and managed project to automate manual month-end billing process
of 20,000 telecommunications users, resulting in a savings of $150,000 annually
with increased information to user.
1979-1980
STRAUS KEILSON COMPANY
HAMIL TON, OH
Sales & Marketing Support
. Process Orders for Sales and Marketing Staff. Developed order entry process
that cut process time down by 73%.
EDUCATION
1990
WILMINGTON COLLEGE
Marketing and Business Management
CINCINNATI, OH
PERSONAL ACCOMPLISHMENTS
. Survivor of Violent Crime
. Staff Writer for Corporate Newspaper
. Highlighted as Volunteer of the Year
. Extensive travel to several foreign countries
. Continually ranked as one of the top 3 Realtors in the County.
Marcia E. Barnett
The following are individual accomplishments that added to Property Values,
Property Taxes, or Income to the City of Edgewater.
1. Proven sales leader in the Real Estate field - Number 1 in Real Estate Sales as
listed as listed with the New Smyrna Board of Realtors with over $ 47 Million
closed sales in 2005. Member in good standing with (4) different Board of
Realtors (1) NSB Board of Realtors, (2) Daytona Beach Board of Realtors, (3)
Brevard County Board of Realtors (4) West Volusia- Orlando Board of Realtors.
2. Successful closing of private water & sewer package plant at Terra Mar
Village to the City of Edgewater. Included but not limited to the negotiations
that lead to the transfer of service, gathering of information for property
owners, scheduling and attending meetings between property owners and key
City of Edgewater officials to discuss transition.
3. Successful acquisition of several individual properties in the Washington
Park, Edgewater area. Assembled several properties for Tony & Hope Pawlak -
Pawlak Construction for development of subdivision. This included but was not
limited to negotiating all sales, preparing annexation paperwork, ordering
surveys and other required documentation. Managed dialogue and discussions
regarding annexation & development with Pawlak Construction & City of
Edgewater.
4. Successfully negotiated and closed 40+/- acres on the river between Frank Uddo
and SeaGate Homes. Assisted through the due-diligence period confirming
that all time frames within the contract were adhered to. Maintained all
records pertaining to the contract. Reviewed and recommended changes that
assisted 'in disagreements. Continued with project through legal phase,
assisting attorney with change in documents for litigation. Resolved all issues
prior to litigation with satisfactory results.
5. Successfully marketed 150 vacant acres in Edgewater. Found Buyer (Forte
Macaulay) and successfully negotiated satisfactory bi-Iateral contract. This
included several time sensitive issues, including but not limited to the annexation
to of the property to The City of Edgewater, requiring prompt and accurate
communications, and extremely detailed and accurate paperwork.
Marcia E. Barnett
6. In the first years of our Real Estate business in the New SmyrnafEdgewater area,
we became the experts in creative financing and first time buyers. We met several
home owners in the area that had previously worked with several Realtors and
were unable to find and finance a property. Through our creative financing, we
were able to assist them in becoming home owners.
In some cases, we assisted the Buyers in repairing their credit, or teaching them
how to establish good credit. We partnered with several lenders who were
willing to do 100% financing and some other creative financing. This became the
secret in assisting first time home Buyers to make the transition from renting to
moving into a home of their own.
This is one of the things we started early in our Real Estate business that began
a large referral network that we have today.
7. Through Real Estate information, assisted The City of Edgewater in networking
with certain individuals to encourage them to annex their property into the City
of Edgewater.
I have included a list of individuals would have indicated they would be more than
glad to speak to you regarding my qualifications.
1. Frank Uddo
4340 Whiting Way
Edgewater, FL 32141
(386) 345-4101
2. Tony & Hope Pawlak
925 Chickadee Drive
Port Orange, FL 32127
(386) 756-0879
3. Judy Reiker
Fidelity Title Company
2244 State Rd. 44
New Smyrna Beach, FL 32168
(386) 689-5531
4. Glen Storch - Attorney
420 S. Nova Rd.
Daytona Beach, F132114
(386) 238-8383
Marcia E. Barnett
APPLICATION FOR APPOINTMENT TO CITY
BOARDS, AGENCIES OR COMMITTEES
NAMESCfr..{\ C;S 0.:/ ~. '\:); cJ.."1.- Tlt:-
-Po -;:Sol< "7..-"13, tJe~J 5""'1.['-""''''1 PI S?i,O
ADDRESS 1'3-z.~ IltJ."eleiS ?~I~ Ur, ~clJe.yQ. Tee-, f I
Are you a resident of Edgewater Y ~ "::>
long 1'7 L(ecrrs
Is your principal place of employment in Edgewater? r.J 0 if yes how long?
Briefly state your interest in serving on a City board, agency or committee: r; o~r a..
HOME PHONE 41-)--~t' BUSINESS
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Are you a registered voter? 'i.pe:;
Are you employed by the City? ~ 0 Do you hold public office? ,J D
At the present time, do you serve on any other Boards, Agencies, or committees? 'f@..<; If so,\ list
each: V<c(~;a.. '"DetMOc.('i,...(::')c. b<€C!.u-t7 v (' (:::>rPI...,.' i-cce<?
AA
at:
Have you ever served on any boards, agencies, or committees? NOlf so, list each:
(BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU
WOULD liKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
1-ANIMAL CONTROL BOARD
2.CITIZEN CODE ENFORCEMENT BOARD
~CONSTRUCTION REGULATION BOARD
.J-ECONOMIC DEVELOPMENT BOARD
LFIREFIGHTERS PENSION BOARD
I ~GENERAL EMPLOYEES PENSION BOARD
"Z-L1BRARY BOARD
.t.RECREATION & CULTURAL SERVICES
2-PLANNING & ZONING BOARD
'-LPOLlCE PENSION BOARD
b VETERANS PARK ADV. ~
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NAME Kilt
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ADDRESS 2-;t. I 3
APPLICATION FOR APPOINTMENT TO CITY
BOARDS, AGENCIES OR COMMITTEES
~ ~ 0 106 pe-:r.O
P.me: \,2 e e
Df2- . . 'f.j
1m2 HA y~ \ 6 pt\ '~: Q ii'
HOME PHONE lfo ?7o 79 BUSINESS
PHONE
OCCUPATION ~~s
Are you a resident of Edgewater~ How
long .;t '/2- 7 Il S
Is your principal place of employment in Edgewater? Jo if yes how long?
Briefly state YO..y! interest in seryjng on a City board, agency or committe~r I#we: 6eC!..AJ;DtJ;- ~j ref) A
:LA.! G:::. j)ey f-o,e.. /nA,.!y'IM.';: .s~i/e/) t!)1\J ~.s.:t:7Jlf.I~ cite/) X:/J /J1 t1-.!s ;1-#P kids rr
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~71/-L I & rrci7/f TC3JJ:r,J rwr) RELocA Trotti ~Lr-;;;-s:.. /t-1Jj) 5 ~IEN T
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Are you a registered voter? I es ~
Are you employed by the City?llo Do you hold public office? d /
At the present time, do you serve on any other Boards, Agencies, or committees? ~ If so, list
each:
Have you ever served on any boams, agencies. or committees? /oft ~ li'f!f:t~fif ~
(BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU
WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
( ...-oY
jO/\i) Sj Q
~I.e..f+ ~'l(l...~MAL CONTROL BOARD _LIBRARY BOARD
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/\\,.\' _CITIZEN CODE ENFORCEMENT BOARD _RECREATION & CULTURAL SERVICES
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_CONSTRUCTION REGULATION BOARD
LECONOMIC DEVELOPMENT BOARD
_PLANNING & ZONING BOARD
_POLICE PENSION BOARD
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PARK ADV. COMM~Y J
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CITY ()F Jfi:O'GE"r ATE
ECONOMIC DEVELOPMENT BOAr
ADDENDUl\'1
To Application for Appointmcnt
to Economic Dcvclopmcnt Board
1. Would you be able to commit to one or two meetings a month, outside assignments, and attend
occasional City Council meetings? Kyes 0 no
2. What do you think the purpose and function of the Economic evelopment Board are.
1/' r
r'~l.dM.--
3.
4. What experience, if any, have you had with the City of Edge water in regard to the pennitting
pr ces or econQ . c ~vJlopment. issues:... /.J ~
. It ~5gv~
Lc-c7Y1
5. Have you had direct contact with the process of building or managing a business in Edgewater?
tV''D
.
6. Do you have knowledge of how the City departments work; i.e. Community Development,
Engineering, Code Enforcement? "ryes 0 no . ~ ~
. rftt A-~~ ~
7. What kind of impact do you think your opi 'ons might have on economic development?
AJf:LnAJ hJ-~
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8. What do you see as a goal of an economic development association in the next year; the next
five~s: J ~. 71' A .4 L
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1/22/98
P.O. Bo)
Edf,rW~l<-r', FL 32132.(,
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THE CITY OF EDGE WATER
POSTOFF1CE BOX 1 OO-EDGEWATER, FLORIDA 32132-0100
Mayor DonaldA. Schmidt
District 1 Councilman James P. Brawn
District 2 Councilman DennisA. Jlincenzi
District 3 Councilwoman Harriet E. Rhodes
District 4 Councilwoman Judith R. Lichter
City Manager Kenneth Hooper
City Attorney Scott Cookson
City Clerk Susan J. Wadsworth
May 16, 2002
Ray D'Onofrio
2213 Pine Tree Drive
Edgewater FL 32141
Dear Mr. D'Onofrio
We would like to thank you for recently submitting your application to serve on our Economic
Development Board. We are asking that you please fill out the enclosed addendum and return it
to us so that it may be filed with your application.
Thank you for your assistance with this matter.
Sincerely,
J~ I Jr~
Susan 1. Wa'~orth, CMC
City Clerk
SJW:lb
J 04 NORl1l RIVERSIDE DRIVE
FAX-(386)424-2409 SUNCOM 383-2407
CJ1Y CLERK-(386) 424-240 7
THE CITY OF EDGE WATER
POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100
Mayor DonaldA. Schmidt
District} Councilman James P. Brown
District 2 Councilman Dennis A. Vincenzi
District 3 Councilwoman Harriel E. Rhodes
District 4 Councilwoman Judith R. Lichter
City Manager Kennelh Hooper
City Altomey SCotl Cookson
City Clerk Susan J. Wadsworth
May 30, 2002
Ray D'Onofrio
.2213 Pine Tree Drive
Edgewater, Florida 32141
Dear Mr. D'Onofrio;
Thank you for submitting your recent application showing your interest to serve on our City
Boards or Committees. A copy of your application will be placed in each of the Board or
Committee files that you have indicated interest in serving on. As a vacancies occur on a Board
or Committee your application will be reviewed. The City Council and/or Board/Committee
members may contact you for an interview or with questions pertaining to your application. The
City Boards/Committee may make a recOmmendation to the City Council but it is the duty of the
City Council to make that Board or Committee appointment.
Please fill out the enclosed form and return. This addendum is a request of the Economic
Development Board to help them in making their appointment recommendation.
You will be notified if you are selected to serve on a Committee or Board. Again, thank you for
your interest in helping to make our City a better place to live.
Please, if you should have any questions or concerns regarding serving on any of the City Boards
or Committees you can contact the City Clerk's office at 386-424-2407 and we will be happy to
help you.
Sincerely, _.._.... .
~/~~
Susan J. Wadsworth,CMC
City Clerk
} 04 NORTH RIVERSIDE DRIVE
FAX-(386)414-1409 SUNCOM 383-1407
C/1Y CLERK-(386)414-1407
. .
APPLICATION FOR APPOINTMENT TO CITY
BOARDS AND COMMITTEES
NAME FLOy'-J L r FUL FDRJ)
ADDRESS J7~ tCoDFRc~ 120 C~U,lfr7'?'tL ;' PL 3;2./<11
-- ,..-
HOME PHONE '3~v. Lfd~ -?-~?-.?. BUSINESS PHONE 3ec. l{~~ - 7!:J~?
OCCUPATION 1<€fTz- ZS7ft7ZZ-
Are you a registered voter?h~-P~~oting District
Are you a resident of Edgewater AJO(~HOW long
Is your principal place of employment in Edgewater? ~~
if yes how long? 1;no <7
Briefly state your interest in serving on a City board or committee:
AS51~,J C 1-' '~o.J":)TJ( i4-? D~. JCL~7""''' A..-I."I
.t
State
5/IT
7~
,
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Are you employed by the City?~DO you hold public office?
At the present time, do you serve on any other Boards or committees?
f\JD If so, list each:
;VOlf so, list each:
Have you ever served on any.boards or committees?
m 1""'1 J1,"'>"p!o'? IJ JT~
,vc.JI mJtVtC( f?I'rL- I3c:Nrl'D <.>
,
(BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE THE BOARDS OR COMMITTEES YOU
WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
_ tRee.. oRDINANc.~ AiJ-\40c...c.oMM"TTEE
_____ANIMAL CONTROL BOARD
_____CITIZEN CODE ENFORCEMENT BOARD
_____CONSTRUCTION REGULATION BOARD
L[:)~ECONOMIC DEVELOPMENT BOARD
_____FIREFIGHTERS
SIGNATURE
a
_____GENERAL EMPLOYEES PENSION BOARD
_____LIBRARy BOARD
RECREATION & CULTURAL SERVICES
~~PLANNING & ZONING BOARD
_____POLICE PENSION BOARD
_____VETERANS PARK ADV. COMMITTEE
DATE: tv 1111,)3
I
G OF BOARDS AND COMMITTEES (Revised 2-7-03)
*SEE REVERSE
lo(C::J/cH - Sf,I/
Floyd L Fulford
176 Godfrey Road
Edgewater, FL 32141
(386) 428-7505 ffulford@aol.com
Summary of CapabilitieslExperience
. Computer systems and software literate, highly analytical, known for a timely and logical path to decisions.
. Noted for developing clear and concise financial reporting and business modeling. Very strong EXCEL
. As EVP, Finance & Operations developed a RlC Toy Manufacturer's systems and procedures and guided
Distribution Operations from startup thru $5million with first year penetration into 4 of the top 5 retailers.
. As Re-Engineering Officer /Sr. Project Director, implemented $1.2 MM annual profit improvement in a
$60MM apparel designer/importer and $1.6 MM annual profit improvement in a $22MM home-building firm.
Managed multi-faceted 4-8 man project teams consisting of CPA's and Operations experts.
. As founder and CEO of a $24 million Plastics Manufacturing Firm serving the electronics industry, raised over
$15 million in start-up capital and delivered first year profits of $1 MM on $15MM in revenue. Recognized for
outstanding management and quality systems by elite customer base.
. As co-founder and COO ofa vertically-integrated plastics firm, grew revenues from $0 to $67million (without
acquisitions) in seven years. ~tr
. As COO, led two companies and 7 facilities thru full MRP/Financial software implementation. Developed in- ph1 ~. .
house, real-time WIP inventory tracking system, improving inventory accuracy to 99.4%. J:( /:i.~' 1.
. As COO of largest segment, led parent to and through a successful IPO. Managed the designlbuild of 150,000
sq ft state of the art manufacturing facility, and the build out of an additional 200,000 sq ft ofleased space.
. Over 10 years of Automotive Industry experience with heavy concentration in the sheet metal, tool & die,
plastics and electronics sectors. On GM's "Executive Fast Track" program in both design/engineering and
manufacturing management.
Employment History
2003-Pres. EXIT Realty New Smyrna Beach - Edgewater, FL - Broker/Owner (Real Estate Brokerage)
2001- 2002 Taiyo Edge Ltd Co - South Daytona, Florida -EVP, Finance & Operations (Toy Industry)
2000-2001 The PDP Group, - Altamonte Springs, Florida - Sr. Project Director (Reengineering Consulting)
1997-1999 UItraglass, Inc., Port Orange, Florida -Owner (Marine Products Mfg & repair)
1996-1997 McKechnie Plastics Inc., Easley, South Carolina - President, LPA (Plastics Contract Mfg)
1990-1995 Apogee Plastics Inc., Daytona Beach, Florida - Founder, CEO (Plastics Contract Mfg)
1980-1989 Fame Plastics Inc. Statesville, NC - Co-founder, Executive VP & COO (Plastics Contract Mfg)
1979-1980 PPG Industries, Newton, NC - Engineering Manager (Plastics Contract & Captive Mfg)
1971-1978 Chevrolet - Flint, Michigan -Mfg & Skilled Trades Manager, CAM Engineer (Automotive)
Education:
BIE, General Motors Institute MBA, University of Michigan, - dual major - finance/marketing
State Licensed in Florida Real Estate (Broker) and Florida Community Association Management. (CAM)
CE in computer technology, software implementation, and software development.
THE CITY OF EDGEWATER
POST OFFICE BOX 100. EDGEWATER, FLORIDA 32132-0100
Mayor Donald A. Schmidt
District 1 Councilman James P. Brown
District 2 Councilman Dennis Vincenzi
District 3 Councilwoman Harriet E. Rhodes
District 4 Councilwoman Judith R. Lichter
dty Manager Kenneth Hooper
City Attorney Scott Cookson
City Clerk Susan J. Wadsworth
November 7,2003
Floyd L. Fulford
176 Godfrey Road
Edgewater, Fl32141
Dear Mr. Fulford,
Thank you for submitting your recent application showing your interest to serve on our City
Boards or Committees. A copy of your application will be retained in the Economic
Development file and as vacancies occur on that Board your application will be reviewed. The
City Council and/or Board members may contact you for an interview or with questions
pertaining to your application. The City Boards may make a recommendation to the City Council
but it is the duty of the City Council to make that Board appointment.
I will not be able to place you application in the Planning and Zoning Board file, member on that
board must reside in the City of Edge water. The address shown on your application: 176
Godfrey Road which is located in the County.
You will be notified if you are selected to serve on the Economic Development Board. Again,
thank you for your interest in helping to make our City a better place to live.
. Please, if you should have any questions or concerns regarding serving on any of the City Boards
or Committees you can contact the City Clerk's office at 386-424-2407 and we will be happy to
help you.
Sincerely,
-~,-
Susan J. Wadsworth ,CMC
City Clerk
104 NORTH RIVERSIDE DRIVE
FAX-(386)424-2409 SUNCOM 383-2407
CITY CLERK-(386)424-2407
. THE CITY OF EDGE WATER
POST OFFICE BOX 100-EDGEWATER,FLORIDA 32132-0100
APPLICATION FOR APPOINTMENT TO CITY
BOARDS OR COMMITTEES.
NAME ~7E /-<..L- / 'K.... Q/Y"'0/r70..s.
ADDRESS / ~(; ~/4/V/V~~A?/~-
HOME PHONE (3<6(;) #t-:- (O~BUSINESS PHONE (3236)
. OCCUPATION ~--=S/1/V'<E~
Are you a resident of Edgewater /VO How long
Is your
principal place of employment in Edgewater? ~~
if yes how long? 1ir ~~~~
state your interest in serving on a City board or
Briefly
committee: ~ ~-"?I,"E ~ ....s/CN'''F/~ I'/YVES7'n->6N7' /"../ :
F>Y:;EW47~R ~~ PCRS:JAI.4<:.L'-;' -,>' '?1';?6 ~~/0N'4u-'7 . I
~N0 ~o 23u...s//\/lESS~~, 7k/ P'n/lr/'1 'oF 7.?1'6" ~SINE;:SSCS /cCWT7<4cr~
State your experience/qualifications F/Nt4NCr 4/\/u E C.VNOh?1 cS I
23,4 C-/< c..1<O~ LJ I "7~"'/ . ~rV' C-"Y77::JH~ I'S DrY
CO~n/YJ€RCI4<- l<~'- ~.s7";>CI7"r;; ~ c~ 7~~_N2:?IDV / Z)~c:l~.n?et7'
Are you a registered voter? ~€S . 'I
I
I
I
Are you employed by the CitY?~DO you ,hold public office? A/o
At the present time, do you serve on any other Boards or committees?
~ If so, list each:
Have you ever served on any boards, agencies, or committees? <7--e.s If so,
, list each:
I) --S'7: ~ €'>'V> c:: -r7?: /o..s
~~' .
y (B~~ ~' COMMITTEE ~~RS MAY BE REQUIRED TO
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE BOARDS OR COMMITTEES YOU
WOULD LIKE TO SERVE ON .AND RANK THEM ACCORDING. TO CHOICE BY NUMBER
~,
C!.-Our./ <:?.-.t~ ..
C:o"., n-) 1r7~€-.
C<:Jf?? h7' 7"7~ .
FILE WITH THE STATE,
ANIMAL CONTROL BOARD
_____GENERAL EMPLOYEES PENSION BOARD
_____LIBAARY BOARD
_____RECREATION & CULTURAL SERVICES
_____PLANNING & ZONING BOARD
_____POLICE PENSION BOARD
_____VETERfHS PARK A~C/COMMITT~
DATE: /1 &..3
D COMMITTEES LISTINGS (2-10-03) , ,
_____CITIZEN CODE ENFORCEMENT BOARD
SIGNATURE
SEE REVERSE SIDE
lOr b loY
'1 nn \...--11'1 vr L1J\JL YY.L'11 L.I\.
, ,
. . . .
POST OFFICE BOX100-EDGl!WATE~..'FLOiuDA '32132-0100'
" ,APPLIcATION :Jl'OR APPOINTMENT '-xo CITY
BOAlU>S OR 'COMMITTEES"
12~~1-05 P09:59 I~
NAME' Ror3r:~-C-J=:." (tyV.t.;-J<TOi./
, '
, , ,
',ADDRESS ',h3 '- ST~R i30aRD
HOME PHONE.~b L.f2.3-S-7~ 0
, nVk. ci.:D&J;"vtrti:~ I=L
, .J
, ,
, ,
'BUSINESS paONE
32..JLPI
,OCCUPATION ' Rt:TI \<E" ~'
, Are you a resident, of Edgewater ~ ~
How long 13f.{k-Jl~S
Is your principal 'place of 'employment ih E:dgewater? ,: '.-:
, if y~s how long? ,
,~r~~fly state your interest in ~erving on a City board or
. . . .' . . ....
corimuttee: rAM ,:""-iRE.~E:nJfl/ J./f!LPloG c>u./'/ CJry /)rrRiJcr P~~~'j/~(::S.5
"rJJnruh/ I PROI/J-DE ft'7i?C!: pn r Atf?9, ~r-?.s FO~rill'~' ("'I "\12 ,r-ki<;' n.o::t. "
<!-OA/-rR I Al(re-ro '-{p n4iC/c~D Gl<OtVn/, , ,",' , "
State your expe:denoe/qualifications i-l'5 A F"Oth.(l::'Q l-IliM~JJ. J?,l:sn(t~c(;s
::DIi~, (--f)f<Sli~I\.IT C~~? T(!,nlfl J./G"LiJEi/m.uArE. I4UPlO"; RL~nl'~(:-c; #vAiJ...i:Ji3J..,E.
, I.I/. nun, R/?l= f.l "FnR ,CU~R{7/.i"T ~Flfrl( ~ t=" WM"PLO L{'/.:.-R..-.S. '
, Are" you a r13gistered voter?, y~' "
'Are you ex:nployed hy the City?~Do you 'h'014,p~biic offi,ce? /Vb
,At the present t,ime~ dQ, you: serve on any other, Boards or coinmittee,s?
VO ' If so; list ecl"ch:
H~ve you evel;' served on af!.y. boards, agerlCies, or committee,S? yl5.S If so, ,
,l~st each::.pRE!Sli)EIVT-C!-~k'T~ilL FLDR,riu IIEller+\- rA,RE{!.oALtrlo,#:J., MEI"1i3/i"R- a.rurl{lI~'
, 'rl-oR'IO~JiaA(ARI RESOU~C,f: i:).~v1' Otir"Y.j Itfitj..( ;~~R- NAPLGSj Fl... l.~Bn~REc.r~l"(~j H~E.;
U.e-H~~~-:- uJ'tJR~ C',1.ff> SOCCER. (~tJ"'MI rr~E,..E>~~~t-JboJ e#/lLRMRAJ~{;"lJ"'~wlJrr:R:.U.M,c;, ..'
, fl.I'?L,nr/C/.L; M4JR-STRPF PfUU!.CSH Ra:=lJl:>IO..t..s~lIh1{~' fI1l='"MNl:"R.- ~NTKAL FL, Lf(BO~ Rt:.:L
".(BOARD: AND CoMMITTEE MEMBERS MAY BE, REQUI" D.' T01FlLE ,WIT~ THE STATE, ~cu.:Jc.''-
FINANq:uu. pISCL<:>S~FO~:nCH YEAR) , '"
, ,", ~LEA$E INDICATE BOARDS OR COMMITTEES YOU
,WoULD LIKE, TO SiaVEON AND RANK 'THEM ACCoROJ:NCi TO caOICE BY NUMBER
, ,
~CONSTRUCTION REGULATi6N BOARD
~ECONOMIC DEVELOPMENT' BOARt
_____FIREFIGHTERSPENSION'BOARD
_____GENERAL EMPLOYEES PENS!ON BOARD
, ,,~LIBP,A.RY' BOARD '
~RECREATION, & CULTURAL SERVICES
~PLANNING & ZONI~G BOARD
~POLICE PENSION BOARD
_____VETE~S PARK Abv. COMMlrTEE
-,--ANIMAL 'CONTROL BOARD
~CITIZEN'CODE ENFORCEMENT BOARD
SIGNATURE~~,@U./e~ ....DAT~: 12ci~z6DS-
SEE REVERSE SID FOR BOARD AND COMMITTEES LISTINGS (2-10-03)
(9. ~!..
.. .......":'""
..
THE CITY OF EDGEWATER
POST OFFICE BOX 100, EDGEWATER, FLORIDA 32132-0100
~yor~chaeIL. Thonrns
District 1 Councilwoman Debm 1. Rogers
District 2 Councilnrnn Dennis A. Vincenzi
District 3 Councilwoman Hamet E. Rhodes
District 4 Vice Mayor Judith R Lichter
City ~nager Kenneth R Hooper
City Attorney Paul Rosenthal
City Clerk Susan J. Wadsworth. CMC
December 14,2005
Robert E. Overton
631 Starboard Ave
Edgewater, Fl. 32141
Dear Mr. Overton,
Thank you for submitting your recent application showing your interest to serve on our City
Boards or Committees. A copy of your application will be retained in the appropriate files and
as vacancies occur on a Board or Committee your application will be reviewed. The City
Council and/or Board/Committee members may contact you for an interview or with questions
pertaining to your application. The City Boards/Committee may make a recommendation to the
City Council but it is the duty of the City Council to make that Board or Committee
appointment.
You will be notified if you are selected to serve on a Committee or Board. Again, thank you for
your interest in helping to make our City a better place to live.
Please, if you should have any questions or concerns regarding serving on any of the City Boards
or Committees you can contact the City Clerk's office at 386-424-2407 and we will be happy to
help you.
Sincerely, ._.... .... .
.I . J ~C.__._._._n
:::;- (,adsworth ,CMC
City Clerk
H .:::=:..
(B:adv boards acknowled)
104 NORTH RIVERSIDE DRIVE
FAX-(386)424-2409 SUNCOM 383-2407
CITY CLERK-(386)424-2407
Swadsworth@cityofedgewater.org
APPLICA nON FOR APPOINTMENT TO 1 0 - 26 - 04 All : 27 Rev D
CITY BOARDS AND COMMITTEES
A,-f~'>1i A,v~~'l
')e .R ~ ({)(I~el1_ (/~ (~ 6v/~
Home Phone 5 EG - t..{ i? ~ - t..r )' g 1 Business Phone ~ 6 ~ - (.f ~ ~ -7 ~ ~O
Occupation ~ V~(" ~.fs. tf) ~ 11 t V-
Are you a registered voter? --{ to ~ Voting District
Are you a resident of Edgewater? i e ~ How long? ~ y e <<tM<;
Is your principal place of employment in Edgewater? \/ e ~
I
,
Name
Address
If yes how long?
.
5 e.V' v le,8
Briefly state your interest in serving on a City board or committee:
t-t:7 ~A/~ A,;t' rl~ .
State your experience/qualifications !J c,. .~ ,,, ~. t , ~ 1oV.., 4--11"I / t? Ii/CAt-- 'In <g /l
N()
Are you employed by the City?~Do you hold public office?
If so, list each:
A/8A/'e
At the present time, do you serve on any other Boards or committees?
Have you ever served on any boards or committees?
If so, list each:
..---.
-----.,
(BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE THE BOARDS OR COMMIITEES YOU WOULD LIKE TO SERVE ON
AND RANK THEM ACCORDING TO CHOICE BY NUMBER
_ANIMAL CONTROL BOARD
5- CITIZEN CODE ENFORCEMENT BOARD
_ CONSTRUCTION REGULATION BOARD
~ECONOMUCDEVELOPMENTBOARD
_FIREFIGHTERS PENSION BOARD
GENERAL EMPLOYEES PENSION BOARD
~ LIBRARY BOARD
lRECREA TION & CULTURAL SERVICES
A-PLANNING & ZONING BOARD
POLICE PENSION BOARD
TERANS PARK ADV. COMMITTEE
Signature
(REVISED
\
Dare~/ { r t7 f
\...,.::,,J
.
. ..'
U /../
03-10-05P03:07 RCVD
CITY' OF lfIOGEVv AT1:
ECONOMIC DEVELOPMENT BOA].
ADDENDUM
To Application for Appointmcnt
to Economic Dcvclopmcnt Board
1. Would you be able to commit to one or two meetings a month, outside assignments, and attend
occasional City Council meetings? <ti yes 0 no
2. What do you think the purpose and function of the Economic Development Board are.
Jb , Ilv"~ Tq, {. "ct~ e /' () ~ (}e I IJf flC.,u'f- tP-JA- 1:- dl'~ ~
J d' 1f<4--fflJe!J.<.{ ~f (lLU V- f;A t'ke e ~1't.~M<f,f (' ;P- &-+~
3. Do you have knowledge ofEdgewater's current political and economic climate? ~es 0 no
~e~t;{t{
~vt()
4.
5.
Have you had direct contact with the process of building or managing a business in Edgewater?
'fe..$ J: l1~ ~(J'He> ?CI$(I'~t~ r;c{Jrc/~r
6.
Do you have knowledge of how the pty departments work; i.e. Community Development,
Engineering, Code Enforcement? rL yes 0 no
7.
What kirld of impact do you think your opinions might have on economic development?
b ,'..e. It' f.~ r --. ~ _ :r--.9 """ IJI/b01~ .. Y-:..le.. c..V
:t n.ave uA.. (~"- .~ k(.,o ( --.'H:;, p::.<>ty. T ~ l$~ ~..It ..,{.I, 'HIe
5t'f/C-
8. What do you see as a goal of an economic development association in the next year; the next
five years~T () , r; HJ u.,-y--~ _
It (/$ l ~~ t> e-. V.e/ ~ e IK..P <<<.Y- ~ .
1/22/98
P.O. Bo>
Edgew"tcr, FL 32132-<)
90-!--i2...J-2.n.j / F"" 90-4-42-4-:!
\' ".I\hf\'IJ1",~I,i'\.'lIdI1l11 ~Ipp
THE CITY OF EDGE WATER
POST OFFICE BOX 100 · EDGEWATER, FLORIDA 32132-0100
Mayor Donald A. Schmidt
District 1 Councilman James P. Brown
District 2 Councilman A. Dennis Vincenzi
District 3 Councilwoman Harriet E. Rhodes
District 4 Councilwoman Judith R. Lichter
City Manager Kenneth Hooper
City Attorney Paul E. Rosenthal
City Clerk Susan J . Wadsworth
October 26, 2004
Anthony Rivera
3026 Queen Palm
Edgewater, Fl32141
Dear Mr. Rivera,
Thank you for submitting your recent application showing your interest to serve on our City
Boards or Committees. A copy of your application will be retained in the appropriate files and
as vacancies occur on a Board or Committee your application will be reviewed. The City
Council and/or Board/Committee members may contact you for an interview or with questions
pertaining to your application. The City Boards/Committee may make a recommendation tothe
City Council but it is the duty of the City Council to make that Board or Committee
appointment.
You will be notified if you are selected to serve on the Board. Again, thank you for your interest
in helping to make our City a better place to live.
Please, if you should have any questions or concerns regarding serving on any of the City Boards
or Committees you can contact the City Clerk's office at 386-424-2407 and we will be happy to
help you.
Susan 1. Wadsworth,CMC
City Clerk
SJW
104 NORTH RIVERSiDE DRIVE
Swads\vorth@cityofedgewater.org
FAX-(386)424-2409 SUNCOM 383-2407
CITY CLERK-(3l~6)424-2407
"
,
THE CITY OF EDGE WATER
POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100
APPLICATION FOR APPOINTMENT TO CITY
BOARDS OR COMMITTEES,
NAME
-:Sea. t01~
~t-\o\lef<
ADDRESS ~ II ~ ~ 11 'p ,~() ?=-(?J?5'0i~1" fi?1' ~,,/4--) 700"- qR15D
HOME PHONE ~~{P 4-~ 0 3~, BUSINESS PHONE ,,~8'LP t./-i.{P ~ l~k-
61=~'lffI-r r'l-k. I~ 5. ~dr{ja Au / T.s:~~/P/.. ?.i32-
Are you a resident of Edgewater~Ho long 10 'I palAU 3
" -
'f~R-~
or
Is your principal place of employment in Edgewater?
if yes how long?
Br~efly state your interest in serving on a City board
"-
commi t tee: ..-I~ .#:f7pfJ) ~ a.J4..o c;r~ fj- dtJ ~"A?U>n+
~ M.I/1 (1 (~1 . '
State your experience/qualifications /io.ul!.. 0..p-f1Yl -/--1('~' pafb
. ~~~ ~A4g,1:'J $l~' ~~i5!ft;;WaJ J;;v.e-
Are~ a regi tered voter?~
Are you employed by the City?~Do you hold public office? NO
At the present time, do you seEve on any oth~r Boards or committees?
114- If so, list each: ' ~ (1~HptJ~ '
Have you ever served on any boards, agencies, or committees?~~ If so,
~;i..~~~t~ald;~~':a~~AU--
(BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE BOARDS OR COMMITTEES YOU
WOULD LIKE TO SER\~ ~~ ~~ p~~ THEM ACCOP~ING, TO CHOICE BY NT_~ER
_____GENERAL EMPLOYEES PENSION BOARD
_____LIB~RY BOARD
_____RECREATION & CULTURAL SERVICES
_____PLANNING & ZONING BOARD
_____POLICE PENSION BOARD
_____VETERANS PARK ADV. COMMITTEE
_____ANIMAL CONTROL BOARD
_____CITIZEN CODE ENFORCEMENT BOARD
_____CONSTRUCTION REGULATION BOARD
~ECONOMIC DEVELOPMENT BOARD
SIGNATURE
SEE REVERSE SIDE
DATE:
(2-10-03)
/DJ 2--z.,JlJ 3
IOr-Cp-d--i ' ~:frll {f\kv
, ,
,
THE CITY OF EDGE WATER
POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100
Mayor Donald A. Schmidt
District 1 Councilman James P. Brown
District 2 Councilman Myron F. Hammond
District 3 Councilwoman HarrietE. Rhodes
District 4 Councilwoman Judith R. Lichter
CityManager KennethHooper
City Attorney Scott Cookson
City Clerk Susan J.Wadsworth
October 27,2003
Jeanie Shover
3113 Yule Tree Drive
Edgewater,F132132
Dear Ms. Shover,
Thank you for submitting your recent application showing your interest to serve on our
Economic Development Board. A copy of your application will be placed in that Board file..
.. As a vacancies occur on the Board your application will be reviewed. The City Council and/or
Board members may contact you for an interview or with questions pertaining toyour
application. The Board will may make a recommendation to the City Council but it isthe duty
of the City Council to make that Board appointment.
You will be notified if you are selected to serve on the Board. Again, thank you for your interest
in helping to make our City a better place to live.
Please, if you should have any questions or concerns regarding serving on any of the City Boards
or Committees you can contact the City Clerk's office at 386-424-2407 and we will be happy to
help you. .
Sincerely,
.4~
Susan 1. Wadsworth,CMC
City Clerk
SJW
104 NORTH RlVERSIDE DRlVE
FAX-(386)424-2409 SUNCOM 383-2407
. CITY CLERK-(386)424-2407
APPLICATION FOR APPOINTMENT TO
CITY BOARDS AND COMMITTEES 09-05-06 P 12: 27 Rev D
Name Christopher R. Smithers
Address 120 Snyder St., Edgewater, FL 32132
Home Phone 386-409-7614
l3usiness Phone 386-345-0404
OccupatiOlPwner FLmortgageDr, Inc. (Eclipse Mortgage Services)
Are you a resident of Edgewater? Yes
Voting District Precinct 901
H.ow long? Nearly 5 years
Are you a registered voter? Yes
Is your principal place of cmployment in Edgewater?NO - we recently moved to Oak Hill from
Edgewater
If yes how long?
l3rielly state your interest in serving on a City board or committee:
Edgewater is my home and I would like to participate in shaping it's economic
rulure
State your experience/qualitications
Owning active businesses that associate dilligently with business owners of Edgewater
(among others) and my Chamber of Commerce and Better BUSiness Bureau membership
shows that I am an active and ethical orofessional in our communitv.
Me you employed by the City?~Do you hold public oftice'} No
M the present time. do you serve on any other Boards or committees? No
ICso. list each:
Have you ever served on any boards or committees? No
Ifso, list each:
(BOARD AND COMMITTEE MEMBERS MA Y BE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE THE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON
AND RANK THEM ACCORDING TO CHOICE BY NUMBER
_ANIMAL CONTROL l30ARD
_GENERAL EMPLOYEES PENSION BOARD
_CITIZEN CODE ENFORCEMENT BOARD
LIBRARY BOARD
_CONSTRUCTION REGULATION BOARD
RECREATION & CULTURAL SERVICES
XXX ECONOMIC DEVELOPMENT l30ARD
PLANNING & ZONING l30ARD
FIREFIGHTERS PENSION BCMRD
POLICE PENSION l30ARD
VETERANS PARK ADV. COMMITTEE
~2~
.' f
Signature
(REVISED (2-1 )-0..1)
8/31/2006
lJate
I 211 ~ N Y I H: J( ~ T. . F IJ ( ; F\\'. \ T F J(. ,.. I. . .12 1.12
PII()NI': .IH(,.4IJ'J.'(,14' I':-~I.\II. <:1I1(1~!i['I':<:J.IP~I':~IT(;.<:<)~1
CHRISTOPI-IER R.
SMITHERS
013.1 ECTl \'E
To use my talcnt~ and intere~t~ to build a rewarding career.
\'CORl( EXPERIENCE
II /2()()~ . Presentl FLmortgageDr. Inc. (DBA Eclipse Mortgage Services)
Edgewater, FL/Oak Hill, FL
() 11)1/('1'/ AI or~gt(ge broker
· 13roker~ mortgage loans for consumers.
· Proce~ses mortgage loans.
· Contacts \'arious lenders to find correct product for client.
[ 7 /2()()~ - 1O/200~1 Sloan Mortgage Group. Inc.
\,'inter Park, FL/I:dgewater, FL
Alor~gt(ge broker
· Broker~ mortgagt' loans for c()n~umer~.
· Proce~~e~ mortgage loan~.
· CotHact~ \'ariou~ lcnder~ to find correct product for client.
15/2002 - Pre~entl Transportation Services of Vol usia County. Inc.
Edge\Vater, FI./Oak Hill, FL
O./I/ce Illl1llt1ger/ diJ/itllr!ier
· {\utomate scheduling.
· Dispatch dri\-er~ to accompli~h schedule need~,
· Help train drinT~.
111/2000 - 7 /200~1 Mortgage Tek Financial. LLC.
Palm Coast. FL/Edge\Vater, FL
J>ro(('J.wr/l\ lorZgt(ge Broker
· Proce~se~ and broker~ mortgage loan~ for con~umcr~.
.
Branch manager.
Contact~ \'ariou~ lender~ to find correct product for client.
.
<:IIIUST( )1'111 ':I~ It S,\IITIII':I~S IU ':Sll:'1I1':
1 OF 3
EDUC.\TION
Seminole County Government - BCe.
15/20nn - 5/20021
Sanford, FL
f)tI!t/(;tlJt' deJ<gller/ pnWiIIllllIl'"
· I\lcct with county consumers to match thcir nceds with products.
· .\utomatc commissioners using Palm products.
· Producc databasc products to automate processcs.
112/ I 99"" - 5/2[)()()! Orlando Sentinel Communications. Inc.
Orlando, Fl,
P"o..~mlJJ IlJtll/t~~i'r/ ~'J'J!elll tlllt/!)'J!
· Supcn'ise O\'cr 50cmployees.
· Stri\'e to cxcccd clicnts' sales necds.
.
Kecp yarious databasc platforms running to peak cfficienc~'.
111/1993-11/1<)971 United States Navy
VARIOUS (\\'orldwide)
I J/1l'!1~gl'llte J/mit/liJ! - Pet!), oj/iter
· [\c<-Juire/ analrze/ disscminate nayal in telligcnce.
· 1\Iake daily intelligcnce briefings.
· l,carn to utilize cutting cdge cCluipmcnt.
I 2003-Prcscntj Daytona Beach Community College Daytona Bch, FI,
BIIJiJ/t'JJ t/dllliJ/iJ!mlioll
11993-19971 Navy & Marine Corp Intel Training Ctr V[\ Beach, V.\
VariollJ iJ/!ell~getl(l' ((J1II:!"l'J
· Graduated top of class - Intclligence Specialist and Database .\nakst
degrees.
· I\leritoriously promoted.
· I-I()n()rabl~- dischargcd
1 1985-1987 ] University of Cincinnati
Comp/lll'r StieJ/t/'J
Cincinnati, Ohio
I 1973-1985 ] Milford Public Schools
Coll/:~t' prep
· Class prcsidcn t
· Studcllt council prcsidcllt
· (:aprain f()()tbaJl/ba~l'hall tl'atn~.
I\Iilford, Ohio
c:I IIU~'I'( )1'1 II.:I{ It ~,\II'I'I "':I{~ IU':~ll;,\II':
201; ,)
PROFESSION.\L :--IE.\IBERSHIPS
../ Florida ,\ssociation of l\Iortgagc Brokers
../ National ;\ssociation of 1\ Iortgage Brokers
REFEI~E0:CI':S
(;ene 1\Iinor
2366 Fern Palm Dr., Edgewater, FL 32141
(386) 314-39 I 9
Scott Schlenskcr
2819 Sih'er Palm Dri,'e, Edgcwater, FL 3214 I
(386) 690-2000
Harold 'r'oung
1 non S Ridgewood .\ "c., Edgcwater, I"L 32132
(386) 235- I 136
<:IIlU~'J'( )1'111':1{ Ie ~.\Il'J'III.:I{~ 1~1':~l ~,\II':
,) OF ,)
THE CITY OF EDGEWATER
POST OFFICE BOX 100, EDGEWATER, FLORIDA 32132-0100
Mayor Michael L. Thomas
District 1 Councilwoman Debra J. Rogers
District 2 . Vice Mayor Dennis A. Vincenzi
District 3 Councilwoman Harriet E. Rhodes
District 4 Councilwoman Judith R. Lichter
City Manager Jon Williams
City Attorney Paul Rosenthal
City Clerk Susan 1. Wadsworth, CMC
September 5, 2006
Christopher R. Smithers
120 Snyder Street
Edgewater, Fl. 32132
Dear Mr. Smithers;
Thank you for submitting your recent application showing your interest to serve on our City Boards or
Committees. A copy of your application will be retained in the appropriate files and as vacancies occur on
a Board or Committee your application will be reviewed. The City Council and/or Board/Committee
members may contact you for an interview or with questions pertaining to your application. The City
Boards/Committee may make a recommendation to the City Council but it is the duty of the City Council
to make that Board or Committee appointment.
You will be notified if you are selected to serve on a Committee or Board. Again, thank you for your
interest in helping to make our City a better place to live.
Please, if you should have any questions or concerns regarding serving on any of the City Boards or
Committees you can contact the City Clerk's office at 386-424-2400 ext 1001 and we will be happy to
help you.
Sincerely, C'.--"
/.d~/l~--"
Susan J. Wadsworth ,CMC
City Clerk
104 NORTH RIVERSIDE DRIVE
FAX-(386)424-2409 SUNCOM 383-2407
CITY CLERK-(386)424-2407
Swadsworth@cityofedgewater.org
03-20-06Af9:35 FILE
APPLICATION FOR APPOINTMENT TO
CITY BOARDS AND COMMITTEES
Name~ t' ~ 50 f<t::o
Address l q'/ 6 --:1L..t.r- i fOr 1) VI C dS-e L.jc:;..A-(-'/
Home Phone -S Err-; --li2 &- - /4 ,; t . Business Phone
Occupation \") V (!' ~x:z:U'D() I : feC<::.L... Q~/
.r- "?
f-I c'tl{ _,->;2 I Cf J
/
Are you a registered voter? 'f e 5
Are you a resident of Edgewater? 'f c?' .5
Is your principal place of employment in Edgewater?
If yes how long?
:2 \/ '5
I
Briefly state your interest in serving on a City board or committee:
"10 0..0-1 P W I +;.. +k Ct 0- ( (he: I ):/ 0 p~. (4~- j ~ t;
.--.' J
State your experience/qualifications I- c..... V"'\ cA {"7 (J --1-01 .J ,^-C,- ~. h.. C.
t- e -e ( ~r \"" G.. \ ) € ~ Cf' /'-'1. e.. e"'f V ~ "e Yl c- ~ iA J I -I 1.-.
o I^ \ 1/V\..Ct... IS
Are you employed by the City?~Do you hold public office?
At the present time, do you serve on any other Boards or committees? J1 V
If so, list each:
Have you ever served on any boards or committees? I" 0
If so, list each:
(BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE THE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON
AND RANK THEM ACCORDING TO CHOICE BY NUMBER
!JJ. ANIMAL CONTROL BOARD ~GENERAL EMPLOYEES PENSION BOARD
l.CITIZEN CODE ENFORCEMENT BOARD 2- LIBRARY BOARD.
.3-CONSTRUCTION REGULATION BOARD ~RECREA TION & CULTURAL SERVICES
~C.0NOMIC DEVELOPMENT It~ ~PLANNING & ZONING BOARD
SFIREFIGHTERS PENSION BOARD ~POLICE PENSION BOARD
1L- VETERANS PARK ADV. COMMITTEE
Signatur~ C;~
(REVISED (2-10-04) ~ ft9"""
Date S-17- 6 b
AGENDA REQUEST
Date: September 15. 2006
PUBLIC
HEARING
RESOLUTION
ORDINANCE
CONSENT
x
OTHER
BUSINESS
BOARD APPOINTMENT
ITEM DESCRIPTION:
Staff is requesting approval to renew the position of Victim Advocate. This will be a full time
temporary position. The annual salary of $36,082.00 will be fully funded by the Victims of Crime
Act grant. There are no matching funds required.
BACKGROUND:
In February, 2005 the Police Department submitted a grant application to the Florida Attorney
General's Office to fund a full-time position for Victim Advocate to service our community. July
13,2006, the City was informed by the State of Florida that the Edgewater Police Department will
again be awarded the Victims of Crime Act grant in the amount of $36,082.00 for the 2006-2007
fiscal year. (See attached letter).
STAFF RECOMMENDATION:
It is the recommendation of staff that Council approve the grant-funded position of Victim
Advocate to service our community.
ACTION REQUESTED:
A Motion to approve the full time temporary position of Victim Advocate for the fiscal year 2006-
2007 at the annual salary of $36,082.00 to be fully funded by the Victims of Crime Act grant.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
x
NO
DATE: ~'S;-/~G
AGENDA ITEM NO.
Respectfully submitted,
~
~
John Taves, Interim Police Chief
~;rJn;~~t:L;" \
Robin Matusick
Paralegal
~~
Williams
Manager
\D
STATE OF FLORIDA
CHARLIE CRIST
ATTORNEY GENERAL
July 13, 2006
Chief Michael Ignasiak
Edgewater Police Department
Post Office Box 100
Edgewater, Florida 32132
Dear Chief Ignasiak:
It is a pleasure to inform you that the Edgewater Police Department will be
awarded a Victims of Crime Act (VOCA) grant in the amount of $36,082 for the 2006-
2007 funding cycle. This grant is awarded as a recognition of your agency's
commitment to provide services to crime victims in your community.
A member of my staff in the Bureau of Advocacy and Grants Management will
contact you soon to assist with the administrative requirements of this grant. Your
continuing efforts to provide assistance to victims of crime are appreciated.
Sincerely,
(/4.~
Charlie Crist
CC/njg
OFFICE OF THE ATTORNEY GENERAL
CHARLIE CRIST
ATTORNEY GENERAL
STATE OF FLORIDA
Bureau of Advocacy and Grants Management
PL-01, The Capitol
Tallahassee, Florida 32399-1050
Telephone (850) 414-3300, SunCom 944-3300
Fax (850) 487-3013, SunCom 277-3013
September 12, 2006
Chief Michael J. Ignasiak
Edgewater Police Department
Post Office Box 100
Edgewater, Florida 32132
Dear Chief Ignasiak:
Enclosed is the 2006-2007 Victims of Crime Act (VOCA) Agreement. The Agreement is
the contract that will make funds available for your program. To execute this
Agreement, please do the following:
. · Have the authorizing official sign the agreement on the last page and each of the
attachments.
· Include the Federal Employer Identification number of your agency and if you are
a public agency include your SAMAS (FLAIR) code, if applicable
· Retain a copy of the Agreement for your files
· Return the original to the Bureau of Advocacy and Grants Management, Office of
the Attorney General, PL-01, The Capitol, Tallahassee, Florida 32399-1050
No grant expenses for the period of October 1,2006, through September 30,2007,
may be incurred until the agreement has been signed by all parties. Any delay in
execution will delay the availability of grant funds. Grant expenses will not be
processed for reimbursement until the signed original agreement has been received in
this office.
Agencies may not employ a sworn law enforcement officer to work in the capacity of the
victim advocate position. If your agency is currently utilizing VOGA funds in this
capacity, you must contact your grant manager immediately. Failure to do so may
result in a delay in the processing of your invoices for reimbursement.
I look forward to working with you during the coming year. If you have any questions
regarding your VOCA Agreement, please contact me or Christina Frank, Assistant
Bureau Chief, at (850) 414-3300.
Sincerely,
~~, fMwf
Cynthia Rogers Vallely, Chief
Bureau of Advocacy and Grants Management
GRV/njg
Enclosure
AGREEMENT BETWEEN THE STATE OF FLORIDA
OFFICE OF THE ATTORNEY GENERAL
AND
EDGEW ATER POLICE DEPARTMENT
GRANT NO. V6115
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
being located in The Attorney General's Office, PL-Ol, The Capitol, Tallahassee, Florida 32399-
1050, and the Edgewater Police Department, Edgewater, Florida, 32132 thereafter 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 follows. 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.
ARTICLE 2. SCOPE OF SERVICES
The Provider agrees to undertake, perform and complete the services as outlined in the
original grant application unless otherwise approved in writing by the OAG.
ARTICLE 3. TIME OF PERFORMANCE
This Agreement shall become effective on October 1, 2006, or on the date when the
Agreement has been signed by all parties, whichever is later, and shall continue through
September 30, 2007. No costs may be incurred by the Provider until the Agreement has been
signed by all parties. The original signed document must be returned to the OAG by October 16,
2006, or the Agreement shall be voidable at the option of the OAG.
ARTICLE 4. AMOUNT OF FUNDS
The OAG agrees to pay the Provider for services completed in accordance with the terms and
conditions of the Agreement. The total sum of monies paid to the Provider for the costs incurred
under this Agreement shall not exceed $36,082. 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 sys"tem to
provide adequate fund accountability for each project.
In accordance with the provisions of Section 287.0582, F.S., ifthe terms of this Agreement
and payment thereunder extend beyond the current fiscal year, the OAG's performance and
obligation to pay under this Agreement are contingent upon an annual appropriation by the
Florida Legislature.
ARTICLE 5. 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 payment with grant
funds. Reallocation of less than twenty percent (20%) of a single category amount to another
category may occur with prior written approval of the OAG. Reallocation of twenty percent
(20%) or more shall require a contract amendment pursuant to Article 16 of this Agreement. The
OAG and Provider understand and agree funds 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.
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 payments.
The OAG and the Provider further agree that travel expenses reimbursed with grant funds
will not exceed state rates pursuant to Section 112.061, F.S.; 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 oflocal 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 can be documented that
the vendor is a sole source supplier. The OAG may approve in writing an alternative purchasing
procedure.
ARTICLE 6. 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 7. METHOD OF PAYMENT
Payments under this Agreement shall be made on a cost reimbursement basis.
Reimbursement shall be made monthly based on Provider submission and OAG approval of a
monthly invoice, VOCA Personnel Spreadsheet (VPS), Match Personnel Spreadsheet (MPS),
and actual expense report, if applicable. Monthly invoices, VPSs, MPSs and actual expense
reports, 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 payment 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 final invoice is not received within
this time frame, all right to payment is forfeited, and the OAG may not honor any subsequent
requests. Any payment 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 Proyider agrees to maintain and timely file such progress, fiscal, inventory, and other
reports as the OAG may require pertaining to this grant.
Payment for services shall be issued in accordance with the provisions of Section 215.422,
F.S. Pursuant to Section 215.422(5), F.S., the Department of Financial Services has established a
Vendor Ombudsman, which is to act as an advocate for vendors who may have problems
obtaining timely payments from the state agencies. The Vendor Ombudsman may
be reached at (850) 413-7269 or by calling the State Financial Services Hotline, 1-800-848-3792.
The Provider is required to Match the grant award as required in the Federal Guidelines.
Match contributions of20% (cash or in-kind) of the total cost of each VOCA project (VOCA
grant plus match) must be reported. 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 8. REPORTS
Quarterly reports as required by the OAG must be completed and received by the OAG no
later than January 10, 2007; April 10, 2007; July 10, 2007; and October 10, 2007. Payment ofa
monthly invoice is contingent upon OAG receipt and approval of these reports.
ARTICLE 9. 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 119.07, and Section 960.15 F.S., provide 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 payments to the Provider until requested documentation has been received, reviewed,
and the costs are approved for payment 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 s. 24 (a) of Article I of the
State Constitution. Failure by the Provider to allow the afore mentioned public access may result
in unilateral cancellation by the OAG at any time, with no recourse available to the Provider.
ARTICLE 10. VICTIM ADVOCATE DESIGNATION
The Provider agrees to have at least one staff member designated through the OAG's Victim
Services Practitioner Designation Training.
ARTICLE 11. PROPERTY
The Provider agrees to be responsible for the proper care and custody of all grant property
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 12. AUDITS
The administration of funds awarded 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 Circular A-B3, as revised.
1. In the event that the Provider expends $300,000 ($500,000 for fiscal years ending after
December 31, 2003) or more in Federal awards in its fiscal year, the Provider must have a
single or program-specific audit conducted in accordance with the provisions of OMB
Circular A-B3, as revised. Article 4 to this Agreement indicates the amount of Federal
funds awarded through the OAG by this Agreement. In determining the Federal awards
expended in its fiscal year, the Provider shall consider 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-B3, as revised. An audit of the Provider conducted by the Auditor
General in accordance with the provisions OMB Circular A-B3, 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 auditye responsibilities as provided in Subpart C of OMB
Circular A-B3, 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 ofOMB Circular A-B3, as revised, is not required. In the event that
the Provider expends less than $300,000 ($500,000 for fiscal years ending after December
31, 2003) in Federal awards in its fiscal year and elects to have an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit
must be paid from non-Federal funds (i.e., the cost of such an audit must be paid from
Provider resources obtained from other than Federal entities.)
ARTICLE 13. 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. The Office of the Attorney General
Bureau of Advocacy and Grants Management
PL-O 1, 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)(l) and (2), OMB Circular A-
133, as revised, should be submitted to the Federal Audit Clearinghouse), at the
following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 1 Olh Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections
.320(e) and (t), OMB Circular A-133, as revised.
2. In the event that a copy of the financial reporting package for an audit required by
ARTICLE 12 of this Agreement and conducted in accordance with OMB Circular A-I33,
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.
4. Providers should indicate the date that the financial reporting package was delivered to
the Provider in correspondence accompanying the financial reporting package.
ARTICLE 14. MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as
revised, monitoring procedures may include, but not be limited to, on-site visits by OAG staff,
limited scope audits as defined by OMB Circular A-I33, 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
Chief Financial Officer or Auditor General.
ARTICLE 15. 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, all supplies, equipment and personal property
purchased with grant funds shall be returned to the OAG. 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 GAG 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.
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 reimbursed.
ARTICLE 16. AMENDMENTS
Except as provided under Article 5, Authorized Expenditures, modification of any provision
of this contract must be mutually agreed upon by all parties, and requires a written amendment to
this Agreement.
ARTICLE 17. NONDISCRIMINATION
No person, on the grounds of race, creed, color, national origin, age, sex or disability, shall
be excluded from participation in; be denied proceeds or benefits of; or be otherwise subjected to
discrimination in performance of this Agreement as proscribed by all applicable state and federal
laws and regulations. The Provider shall, upon request, show proof of such nondiscrimination.
Failure to comply with such state and federal laws will result in the termination of this
Agreement.
ARTICLE 18. ACKNOWLEDGMENT
All publications, advertising or description 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. "
ARTICLE 19. 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 reimbursed.
ARTICLE 20. ASSURANCES
Attachment A "Assurances" is hereby incorporated by reference.
ARTICLE 21. CERTIFICATION FORM
Attachment B "Certification Form" is hereby incorporated by reference.
ARTICLE 22. CONTROLLING LAW AND VENUE
This agreement is governed by Florida law. In the event of litigation, venue shall be in the
Circuit Court of the Second Judicial Circuit, in and for Leon County, Florida.
ARTICLE 23. 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.
There is absolutely no expectation or guarantee, implied or otherwise, the Provider will receive
VOCA funding in the future. VOCA applications for grants are subject to a competitive process
on an annual basis. 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.
IN WITNESS WHEREOF, the OFFICE OF THE ATTORNEY GENERAL and the
Edgewater Police Department have executed this Agreement.
~(\~
Ex utive Deputy Attorney General
Authorizing Official
Print Name
Lori S. Rowe
Print Name
Date
~ \\,h
Date
. ~wOOO~1 L\
FID # of Provider
~4
SAMAS de
Attachment A
OMS APPROVAL NO. 1121-0140
ASSURANCES
The Applicant hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements,
including OMS Circulars No. A-21, A-11 0, A-122, A-128, A-8?; E.O. 12372 and Uniform Administrative Requirements for Grants and
Cooperative Agreements-28 CFR, Part 66, Common Rule, that govern the application, acceptance and use of Federal funds for this
federally-assisted project. Also the Applicant assures and certifies that:
1.
It possesses legal authority to apply for the grant; that a
resolution, motion or similar action has been duly adopted or
passed as an official act of the applicant's governing body,
authorizing the filing of the application, including all under-
standings and assurances contained therein, and directing
and authorizing the person identified as the official represen-
tative of the applicant to act in connection with the application
and to provide such additional information as may be re-
quired.
It will comply with requirements of the provisions of the
Uniform Relocation Assistance and Real Property Acquisi-
tions Act of 1970 P.L. 91-646) which provides for fair and
equitable treatment of persons displaced as a result of Fed-
eral and federally-assisted programs.
It will comply with provisions of F ederallaw which limit certain
political activities of employees of a State or local unit of
government whose principal employment is in connection
with an activity financed in whole or in part by Federal grants.
(5 USC 1501, et seq.)
It will comply with the minimum wage and maximum hours
provisions of the Federal Fair Labor Standards Act if appli-
cable.
2.
3.
4.
5.
It will establish safeguards to prohibit employees from using
their positions for a purpose that is or give the appearance of
being motivated by a desire for private gain for themselves or
others, particularly those with whom they have family, busi-
ness, or other ties.
It will give the sponsoring agency or the Comptroller General,
through any authorized representative, access to and the right
to examine all records, books, papers, or documents related to
the grant.
It will comply with all requirements imposed by the Federal
Sponsoring agency concerning special requirements of law,
program requirements, and other administrative requirements.
It will insure that the facilities under its ownership, lease or
supervision which shall be utilized in the accomplishment of
the project are not listed in the Environmental protection
Agency s (EPA-list of Violating Facilities and that it will notify
the Federal grantor agency of the receipt of any communica-
tion from the Director of the EPA Office of Federal Activities
indicating that a facility to be used in the project is under
consideration for listing by the EPA.
9. It will comply with the flood insurance purchase requirements
of Section 1 02(a) of the Flood Disaster Protection Act of
1973, Public Law 93-234, 87 Stat. 975, approved December
31, 1976. Section 102(a) requires, on and after March 2,
1975, the purchase of flood insurance in communities where
such insurance is available as a condition for the receipt of
any Federal financial assistance for construction or acquisi-
tion purposes for use in any area that had been identified by
the Secretary of the Department of Housing and Urban Devel-
opment as an area having special flood hazards. The phrase
"Federal financial assistance" includes any form of loan,
grant, guaranty, insurance payment, rebate, subsidy, disas-
ter assistance loan or grant, or any other form of direct or
indirect Federal assistance.
6.
7.
8.
10. It will assist the Federal grantor agency in its compliance with
Section 106 of the National Historic Preservation Act of 1966
as amended (16 USC 470), Executive Order 11593, and the
Archeological and Historical Preservation Act of 1966 (16
USC 569a-1 et seq.) by (a) consulting with the State Historic
Preservation Officer on the conduct of investigations, as
necessary, to identify properties listed in or eligible for inclu-
sion in the National Register of Historic Places that are
subject to adverse effects (see 36 CFR Part 800.8) by the
activity, and notifying the Federal grantor agency of the
existence of any such properties, and by (b) complying with
all requirements established by the Federal grantor agency to
avoid or mitigate adverse effects upon such properties.
11. It will comply, and assure the compliance of all its subgrantees
and contractors, with the applicable provisions of Title I of the
Omnibus Crime Control and Safe Streets Act of 1968, as
amended, the Juvenile Justice and Delinquency Prevention
Act, or the Victims of Crime Act, as appropriate; the provi-
sions of the current edition of the Office of Justice Programs
Financial and Administrative Guide for Grants, M71 00.1; and
all other applicable Federal laws, orders, circulars, or regula-
tions.
12. It will comply with the provisions of 28 CFR applicable to grants
and cooperative agreements including Part 18, Administrative
Review Procedure; Part 20, Criminal Justice Information Sys-
tems; Part 22, Confidentiality of Identifiable Research and
Statistical Information; Part 23, Criminal Intelligence Systems
Operating Policies; Part 30, Intergovernmental Review of De-
partment of Justice Programs and Activities; Part 42, Nondis-
crimination/Equal Employment Opportunity Policies and Pro-
cedures; Part 61, Procedures for Implementing the National
Environmental Policy Act; Part 63, Floodplain Management
and Wetland Protection Procedures; and Federal laws or regu-
lations applicable to Federal Assistance Programs.
13. It will comply, and all its contractors will comply, with the
nondiscrimination requirements of the Omnibus Crime Con-
trol and Safe Streets Act of 1968, as amended, 42 USC
3789(d), or Victims of Crime Act (as appropriate); Title VI of
the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Title II of
the Americans With Disabilities Act (ADA) (1990); Title IX of
the Education Amendments of 1972; the Age Discrimination
Act of 1975: Department of Justice Non-Discrimination Regu-
lations, 28 CFR Part 42, Subparts C, D, E, and G; and
Department of Justice regulations on disability discrimina-
tion, 28 CFR Part 35 and Part 39.
14. 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, sex, or disability against a recipient of funds,
the recipient will forward a copy of the finding to the Office for
Civil Rights, Office of Justice Programs.
15. It will provide an Equal Employment Opportunity Program if
required to maintain one, where the application is for $500,000
or more.
16. It will comply with the provisions of the Coastal Barrier
Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC
3501 et seq.) which prohibits the expenditure of most new
Federal funds within the units of the Coastal Barrier Re-
sources System.
Signature
Date
OJP FORM 4000/3 (Rev. 1-93) PREVIOUS EOITIONS ARE OBSOLETE.
ATTACHMENT TO SF-424.
Attachment B
CERTIFICATION FORM
Rec ipient Name and Address:
Grall! Title:
Grant Number:
Award Amount:
Contact Person Name and Title:
Phone Number: (
Federal regulations require recipients of financial assistance from the Office of Justice Programs (O.lP), its component agencies, and the
Office of Community Oriented Policing Scrvices (COPS) to prepare, maintain on tile, submit to OJP for review, and implement an Equal
Emp loyment Opportunity Plan (EEOP) in accordance with 28 C.F.R ~~ 42.301-.3U8. The regulations exempt some recipients fmlll aliaI'
the EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an EEOP, but they
do nOlneed to submit the EEO P to O.lP for review. Recipients that claim a complete exemption from the EEOP requirement must
complete Section A below. Recipients that claim the limited exemption from the submission requirement. must complete Section B
below. A recipient should complete eilherSection A or Section B, not both. If a recipient receives multiple OJP or COPS grants,
please complete a form for each grant. ensuring that any EEOP recipient certities as completed and on tile (ifapplicable) has been
prepared within two years of the latest grant. Please send the completed form(s) to the Office for Civil Rights, Office of Justice Programs,
U.S. Department of Justice, 810 t" Street, N.W., Washington, D.C. 20531. For assistance in completing this form, please call (2U2)307-
0690 or TTY (202) 307-2027.
Sectlon A- Declaration Claiming Complete Exemption from the EEOP Requirement. Please check all Ihe boxes thaI
apply.
o
o
o
Recipient has less than 50 employees,
Recipient is a non-profit organization,
Recipient is a medical institution,
o Recipient is an Indian tribe,
o Recipient is an educational institution, or
o Recipient is receiving an award less than $25,000
I, [responsible official], certify that
[recipient] is not required to
prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F,R 942.302. I further certify that
[recipient! wiII comply with applicable Federal civil rights
Jaws that prohibit discrimination in employment and in the delivery of services.
Print or type Name and Title
Signature
Date
Section B- Declaration Claiming Exemption from the EEOP Submission Requirel:nent and Certifying That an
EEOP Is on File for Review.
If a recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than 5500,000,
then the recipient agency does not have to submit an EEOP to O.lP for review as long as it certifies the following (42 C.F.R. ~ 42.305):
L [responsible officialj, certify that
the [recipicntj,which has 50 or more
employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an
EEOP in accordance with 28 CFR S42.301, et seq., subpart E. I further certify that the EEOP has been fonl1ulated and
signed into effect within the.past two years by the proper authority and that it is available for review. The EEOP is on file in
the office of: [organization/,
at [address],for review by the public and
employees or for review or audit by officials.of the relevant state planning agency or the Office for Civil Rights, Office of
Justice Programs. U. S. Department of Justice, as required by relevant laws and regulations.
---------------------------------------------------- -------------------------------------- ------------
Print or type Name and Title Signature Date
r\\ l II ".~._ '_n' .. 1 ,'" t I "') 1 , I I If I
1:''''';'''''1,.11 I)..'H'. II I ~ I/(lfl
AGENDA REQUEST
Date: 9/4/06
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
xx
ITEM DESCRIPTION:
Recommendation for Award of Bid
Frances Drive Stormwater Improvement Project
Bid #06-SW -01
BACKGROUND:
Frances Drive is a residential public right-of-way in the City of Edgewater
and is prone to street and right-of-way flooding during moderate to severe
rainfall events. B & H Consultants, Inc. was contracted by the City to
design a stormwater system to better manage run-off in the Frances Drive
area. Plans were prepared and bids were solicited for the project which
includes the following work tasks.
WORK INCLUDES
1. Remove and dispose of approximately 900 LF of existing abandoned
2" galvanized iron water main.
2. Construct approximately 1,600 LF of 18" diameter perforated pipe.
3. Construct nine (9) stormwater inlets.
4. Repair asphalt and concrete driveways damaged during construction.
5. Replace sod and shrubs damaged during construction.
The low bidder, Barracuda Building Corporation, submitted a bid of
$115,074.00. This project is in the City's CDBG target area and will be
funded in its entirety by CDBG funds. Work will not commence until
10/1/06 to meet Fiscal Year Budget requirements for CDBG funding.
STAFF RECOMMENDATION:
Staff recommends Bid #06-SW-01, Frances Drive Stormwater
Improvement Project, be awarded to the low bidder, Barracuda
Building Corporation, at a bid amount of$115,074.00.
ACTION REQUESTED:
A motion to award Bid #06-SW-01, Frances Drive Stormwater
Improvement Project, to Barracuda Building Corporation for their
bid amount of$115,074.00, and for the Mayor or City Manager
to execute the necessary contract documents on behalf of the City.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO
DATE:
AGENDA ITEM NO.
Respectfully submitted,
~,\:h~
~ent ctor
~~y t C:LC-PJ
Robin Matusick, Paralegal
10 Williams
Interim City Manager
C:\MyDociments\T errysFiles\AgendaRequest
,,/!k<
Planning . Engineering
July 25, 2006
Ms. Malecia Williams
P.O. Box 100
Edgewater, FL 32132-0100
Re: Frances Drive - Bid # 06-SW-Ol
Dear Ms. Williams,
I've reviewed the three bids received, and agree with you that the bid submitted by Masci
contained a mathematical error.
The error, if corrected, would increase their total bid amount by $3,000.00.
The three bids received were:
ADJ Excavating of Florida, Inc.
Masci Corp.
Barracuda Building Corp.
$169,176.00
$116,362.50 (should be $119,362.50)
$115,074.00
Because Masci's bid is in the middle, correction of the mathematical error will not change their
position, and will not make them the low bidder.
Barracuda Building Corp. is the low bidder, and they have supplied the necessary supplemental
forms and a 5% bid bond.
I recommend that the City of Edgewater award the bid for construction of the Frances Drive
Stormwater Improvement Project to Barracuda Building Corp. for their bid amount of
$115,074.00.
Please let me know if you have any questions.
Sincerely,
B&H Consultants, Inc.
;Lv
James W. Shira, P.E.
Vice President
827 U7. Montrose Street · RD. Box 121566 · Clermont, Florida 34712-1566
~ -
CITY OF EDGEWATER
104 N. Riverside Drive
Edgewater, FL 32132
(386) 424-2460 (386) 424-2463 (Fax)
NOTICE OF (INTENT TO) AWARD
BARRACUDA BUILDING CORPORATION
1000 OCOEE-APOKA ROAD, SUITE 400
APOKA, FLORIDA 32703
(Contractor)
Date: September 25, 2006
Date of Bid Opening: June 21, 2006
Project:
CITY OF EDGEWATER
VOLUSIA COUNTY, FLORIDA
FRANCES DRIVE STORMWATER IMPROVEMENTS PROJECT
BID #06-SW-01
You are notified that your bid dated June 21, 2006 for the above Contract has been considered and the
OWNER, City of Edgewater, Florida, expects to award you a contract for: the construction of stormwater
system inlets and pipes within the public riqht-of-way of Frances Drive in Edqewater, Florida. The work of
this proiect is to supply all labor. equipment and materials in order to construct stormwater system
components shown on the plans. remove an abandoned water line. repair driveways and pavement
edqes damaqed durinq construction. and restore sodded areas and the work area in qeneral to a
condition equal to or better than existed at the time of commencement of construction.
(Indicate total Work, alternates or sections of Work awarded)
The Contract Price of your contract is one hundred fifteen thousand seventy-four dollars and 00/100
Dollars (in words)
($115.074.00),
(in numbers)
Six (6) copies of each of the following proposed Contract Documents (except Project Manual and
Drawings) accompany this Notice of Intent to Award:
Amendment to the Agreement Between Owner and Contractor
Performance Bond
Payment Bond
Certificate of Insurance and Endorsement - Workman's Compensation
Certificate of Insurance and Endorsement - Comprehensive General Liability
Notice of Intent to Award
Indemnification Agreement
~ ~
- .
Mr.
,2006
Page 2
You must comply with the following conditions precedent to the award of the contract within ten (10) days
of the date of this Notice of Intent to Award, that is by , 2006.
1. You must deliver to the OWNER four (4) fully executed counterparts of the Amendment Agreement.
2. You must deliver with the executed Agreement, as Amended, the Payment and Performance Bonds
in the form specified in the Bidding Documents.
3. You must provide in writing the correct name and address of the surety which is providing the
Payment and Performance Bonds and the correct name and address of the surety's resident agent
for service of process in Florida.
4. You must deliver with the executed Agreement completed Certificates and Endorsements of
Insurance in the forms specified in the Bidding Documents.
Failure to comply with these conditions within the time specified will entitle the OWNER to consider your
Bid abandoned, to annul this Notice of Intent to Award, and to declare our Bid Security forfeited.
Within ten (10) days after you comply with these conditions, the OWNER will return to you one fully
signed counterpart of the Agreement with the Contract Documents attached.
OWNER: CITY OF EDGEWATER
AcknowledQe Receipt of Notice
CONTRACTOR:
By:
(Signature)
(Authorized Signature)
Mr. Jon C. Williams
City Manager
(Print or Type Name)
104 North Riverside Drive
Edqewater. Florida 32132
(Title)
(Date)
END OF SECTION
SECTION 00500
SCOPE OF WORK AGREEMENT
THIS AGREEMENT is dated as of the 25th day of September in the year 2006 by and between the City of
Edgewater, Florida, a municipal corporation, hereinafter called the OWNER, and Barracuda Building
Corporation, hereinafter called the CONTRACTOR.
OWNER and CONTRACTOR, in consideration or the mutual covenants hereinafter set forth, agree as
follows:
ARTICLE 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work
is generally described as follows:
CITY OF EDGEWATER
VOLUSIA COUNTY, FLORIDA
FRANCES DRIVE STORMWATER IMPROVEMENTS PROJECT
BID #06-SW-01
This overall project consists of construction of stormwater system inlets and pipes within the
public right-of-way of Frances Drive in Edgewater, Florida. The work of this project is to supply all
labor, equipment and materials in order to construct stormwater system components shown on
the plans, remove an abandoned water line, repair driveways and pavement edges damaged
during construction, and restore sodded areas and the work area in general to a condition equal
to or better than existed at the time of commencement of construction.
ARTICLE 2. ENGINEER
B&H Consultants, Inc., who is hereinafter called ENGINEER and who is to act as Owner's representative,
assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the
Contract Documents in connection with completion of the Work in accordance with the Contract
Documents.
ARTICLE 3. CONTRACT TIME
3.1 The Work shall be Substantially Complete within sixty (60) consecutive calendar days from the
effective date of the original Notice to Proceed.
3.2 The Work shall be Finally Completed and ready for final payment within ninety (90) consecutive
calendar days from the effective date of the original Notice to Proceed
ARTICLE 4. CONTRACT PRICE
4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract
Documents in current funds at the lump sum Contract Price of
one hundred fifteen thousand seventy-four dollars
(words)
($115,074.00)
(numbers)
or unit prices presented on the Bid Form, Schedule of Bid Items attached to this Agreement.
4.2 The CONTRACTOR agrees that the Contract Price is a stipulated sum except with regard to
those items in the Bid which are subject to unit prices and agrees to perform all of the WORK as
described in the CONTRACT DOCUMENTS, subject to additions and deductions by Change
Order, and comply with the terms therein for the Total Base Bid stated in the attached Bid
Schedule of the Bid Form.
,lI!-::'
ARTICLE 5. PAYMENT PROCEDURES
CONTRACTOR shall submit applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by ENGINEER as provided in the General
Conditions.
5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on
the basis of CONTRACTOR'S properly submitted and approved Applications for Payment as
recommended by ENGINEER not later than the tenth day after the end of each month for which
payment is requested as provided in paragraphs 5.1.1 and 5.1.2 below. All such progress
payments will be on the basis of the progress of the Work measured on site.
5.1.1 Progress payments will be made in an amount equal to the percentage indicated below,
but, in each case, less the aggregate of payments previously made and less such
amounts as ENGINEER shall determine, or OWNER may withhold.
Ninety percent (90%) of the value of Work completed, and ninety percent (90%) of
the value of materials and equipment not incorporated into the Work but delivered
and suitably stored and accompanied by documentation satisfactory to OWNER;
with the balance of the value of the Work being retainage. At the sole discretion of
the Owner, after fifty percent (50%) of the Work is completed, further monthly
progress payments may be made in full, with no additional retainage, provided
that: (a) Contractor is making satisfactory progress, and (b) Contractor is in full
compliance with the currently accepted progress schedule, and (c) there is no
specific cause for greater withholding. However, the Owner may subsequently
resume retaining ten percent (10%) of the value of Work completed and materials
delivered if, in the sole determination of the Owner, the Contractor is not
performing according to the Contract Documents or not complying with the
current progress schedule.
5.2 Final Payment - Upon final completion and acceptance of the Work, OWNER shall pay Contractor
an amount sufficient to increase total payments to 100 percent of the Contract Price. However,
not less than two percent (2%) of the contract price shall be retained until Record Drawings,
specifications, addenda, modifications and shop drawings, including all manufacturers
instructional and parts manuals, are delivered to and accepted by the ENGINEER.
ARTICLE 6. INTEREST
All monies not paid when due shall bear interest at the rate of 6% simple interest per annum.
ARTICLE 7. CONTRACTOR'S REPRESENTATIONS
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the
Addenda) and the other related data identified in the Bidding Documents including "technical
data."
7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general,
local and site conditions that may affect cost, progress, performance and furnishings of the Work.
7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost, progress, performance and furnishing of the Work.
7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site (except Underground
Facilities), which have been provided.
7.5 CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so)
all such additional supplementary examinations, investigations, explorations, tests, studies and
data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to
the site or otherwise which may affect costs, progress, performance or furnishing of the Work or
which relate to any aspect of the means, methods, techniques, sequences and procedures of
construction to be employed by CONTRACTOR and safety precautions and programs incident
thereto. CONTRACTOR does not consider that any additional examinations, investigations,
explorations, tests, studies or data are necessary for the performance and furnishing of the Work
at the Contract Price, within the Contract Times and in accordance with the other terms and
conditions of the Contract Documents.
7.6 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at
the site that relates to the Work as indicated in the Contract Documents.
7.7 CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the site, reports and drawings identified in the Contract
Documents and all additional examinations, investigations, explorations, tests, studies and data
with the Contract Documents.
7.8 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or
discrepancies that CONTRACTOR has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents
are generally sufficient to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
7.9 CONTRACTOR shall perform work with a value of not less than fifty percent (50%) of the
Contract Price with his own forces.
ARTICLE 8. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work are attached to this Agreement, made a part hereof and consist of the following:
8.1 This Agreement (pages 1 to ~, inclusive).
8.2 Performance Bond, Payment Bonds and Certificates of Insurance.
8.3 Notice of Intent to Award and Notice to Proceed.
8.4 Drawings consisting of a cover sheet and the sheets bearing the following general title:
CITY OF EDGEWATER
VOLUSIA COUNTY, FLORIDA
FRANCES DRIVE STORMWATER IMPROVEMENTS PROJECT
BID #06-SW-01
8.5 CONTRACTOR'S Bid
There are no Contract Documents other than those listed above in this Article 8.
ARTICLE 9. MISCELLANEOUS
9.1 No assignment by a party hereto of any rights under. or interests in. the Contract Documents will
be binding on another party hereto without the written consent of the party sought to be bound; and
specifically, but without limitation. moneys that may become due. and moneys that are due. may not be
assigned without such consent (except to the extent that the effect of this restriction may be limited by
law). and unless specifically stated to the contrary in any written consent to an assignment. no
assignment will release or discharge the assignor from any duty or responsibility under the Contract
Documents. Notwithstanding the foregoing, the Owner may assign this contract to the State of Florida or
any political subdivision. municipality, special district or authority thereof without Contractor's consent and
without recourse.
9.2 OWNER and CONTRACTOR each binds himself, his partners. successors, assigns and legal
representatives to the other party hereto. his partners, successors. assigns, and legal
representatives in respect to all covenants, agreements, and obligations contained in the Contract
Documents.
9.3 Waiver of Jury Trial; Legal Costs. It is mutually agreed by and between the Contract and Owner
that each of the parties do hereby waive trial by jury in any action. proceeding or claim which may
be brought by either of the parties hereto against the other on any matters concerning or arising
out of this Agreement.
9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law
or Regulation shall be deemed stricken. and all remaining provisions shall continue to be valid
and binding upon OWNER and CONTRACTOR. who agree that the Contract Documents shall be
reformed to replace such stricken provision or part thereof with a valid and enforceable provision
that comes as close as possible to expressing the intention of the stricken provision.
(Remainder of Page Left Blank Intentionally)
,..'
IN WITNESS WHEREOF, the parties hereto have signed this Agreement. All portions of the Contract
Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on his
behalf.
This Agreement will be effective on September 25.2006.
OWNER:
CONTRACTOR:
THE CITY OF EDGEWATER
IN VOLUSIA COUNTY, FLORIDA
BARRACUDA BUILDING CORPORATION
BY: BY:
(Signature) (Signature)
NAME:
(Type)
TITLE:
(Seal)
WITNESSES:
ATTEST:
TITLE:
FOR USE AND RELIANCE ONLY BY
THE CITY OF EDGEWATER, FLORIDA
APPROVED AS TO FORM AND LEGALITY
APPROVED BY CITY OF EDGEWATER
CITY COUNCIL AT A MEETING
HELD ON September 25. 2006
this
day of
,2006
FOLEY & LARDNER
BY:
END OF SECTION
~ "
l- .
I - .
Bond Number:
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS that Barracuda Buildinq Corporation
1000 Ocoee-Apopka Road, Suite 400, Apopka, Florida 32703, (hereinafter referred to as
CONTRACTOR, as "Principal"), and Florida Surety Bond
620 North Wymore Road. Suite 200, Maitland. Florida 32751 a corporation organized under
the laws of the State of Florida and licensed to do business in the State of Florida, (hereinafter
referred to as "Surety"), and held and firmly bound unto the City of Edgewater, Florida, as OBLIGEE, A
Political Subdivision of Volusia Count, State of Florida, (hereinafter referred to as "Obligee"), in the Penal
Sum of $ One hundred fifteen thousand seventy-four dollars and 00/100 ($115,074.00) DOLLARS,
for the payment of which sum well and truly made, Principal and Surety bind themselves, their heirs,
personal representatives, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated September 25, 2006, entered into a
contract, (hereinafter referred to as the "Contract") with Obligee, for the construction of improvements for
the following project CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, BID #06-SW-01,
FRANCES DRIVE STORMWATER IMPROVEMENTS PROJECT, (hereinafter referred to as the
"Project"); and
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH THAT IF Principal
shall well and truly perform all the undertakings, covenants, terms, conditions, and agreements of said
Contract including, but not limited to, the making of payments to persons or entities providing labor,
materials or services to Principal under the Contract, within the time provided therein, and any extensions
thereof that may be granted by the Obligee, and also during the life of any warranty or guaranty required
under said Contract, and shall also well and truly perform all undertakings, covenants, terms, conditions,
and agreements of any and all duly authorized and modifications of said Contract that may hereafter be
made, and shall pay, compensate, indemnify and save harmless the said Obligee of and from any and all
loss, damage and expense, or from any breach or default by Principal under the Contract, including, but
not limited to, liquidated damages, damages caused by delays in performance of the Principal, expenses,
cost and attorneys' fees, including appellate proceedings, that Obligee sustains resulting directly or
indirectly from failure of the Principal to perform the Work identified by the Contract, then this obligations
shall be null and void; otherwise, it shall remain in full force and effect and Surety shall be liable to
Obligee under this Performance Bond.
The Surety's obligations hereunder shall be direct and immediate and not conditional or
contingent upon Obligee's pursuit of its remedies against Principal, and shall remain in full force and
effect notwithstanding (I) amendments or modifications to the contract or contract entered into by Obligee
and Principal without the Surety's knowledge or consent; (ii) waivers of compliance with or any default
under the Contract granted by Obligee to Principal or by Principal to Obligee without the Surety's
knowledge or consent; (iii) the discharge of Principal from its obligations under the Contract as a result of
any proceeding initiated under The Bankruptcy Code of 1978, as the same may be amended, or any
similar state or federal law, or any limitation of the liability of Principal or its estate as a result of any such
proceedings; or (iv) any other action taken by Obligee or Principal that would, in the absence of this
clause, result in the release or discharge by operation of law of the Surety from its obligations hereunder.
In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the
Surety shall also indemnify and save the Obligee harmless from any and all loss, damage, cost and
expense, including reasonable attorneys' fees and other legal costs for all trial and appellate proceedings,
resulting directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This paragraph
shall survive the termination or cancellation of this Performance Bond. The obligations set forth in this
paragraph shall not be limited by the Penal Sum of this Bond.
Any changes in or under the Contract or the Contract and compliance or noncompliance with any
formalities connected with the Contract or the Contract or the changes therein shall not affect Surety's
obligations under this bond, and Surety hereby waives notice of any such changes. Further, Principal
- .
Bond Number:
and Surety acknowledges that the Penal Sum of this bond shall increase or decrease in accordance with
approved changes or modifications to the Contract.
The said Principal and the said surety agree that this bond shall inure to the benefit of all persons
supplying labor and material in the prosecution of the work provided for in the said subcontract, as well as
to the Obligee, and that such persons may maintain independent actions upon this bond in their own
names.
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their
several seals on the day of , 2006, the name and corporate seal of
each corporate party being hereto affixed and these presents fully signed by its undersigned
representative, pursuant to the authority of its governing body.
Signed, sealed and delivered
in the presence of:
BARRACUDA BUILDING CORPORATION
Principal
WITNESSES:
By:
(Signature)
(SEAL)
(Type)
(Name and Official Title)
WITNESSES:
(Type)
COUNTERSIGNED:
BY:
(Title)
(Name of Surety)
(Name and Official Title)
By: (SEAL)
(Attorney in Fact and Florida Licensed Agent)
(SEAL)
(Name of Surety)
NOTE: If Principal and Surety are corporations, the respective corporate seal should be affixed and
attached.
Surety shall execute and attach a certified copy of Power of Attorney Appointing
Individual Attorney-In-Fact for execution of Performance Bond on behalf of Surety.
END OF SECTION
Bond Number:
STATE OF FLORIDA
CITY OF EDGEWATER
SECTION 255.05 FLORIDA STATUTES
PUBLIC PROJECT PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS that Barracuda Buildinq Corporation
1000 Ocoee-Apopka Road, Suite 400, Apopka, Florida 32703, hereinafter referred to as the
CONTRACTOR, as Principal, and Florida Surety Bond
620 North Wymore Road, Suite 200, Maitland, Florida 32751, a corporation organized under
the laws of the State of Florida. having its home office in the City of , and licensed
to do business in the State of Florida, hereinafter called Surety, are held and firmly bound unto the City of
Edgewater, hereinafter called Owner, for the use and benefit of claimants as herein below defined, in the
Penal Sum of $ One hundred fifteen thousand seventy-four dollars and 00/100 ($115.074.00) DOLLARS,
for the payment of which sum well and truly to be made, Principal and Surety bind ourselves, our heirs,
personal representatives, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated September 25. 2006, entered into a
contract with Owner for project CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA. BID #06-SW-
01, FRANCES DRIVE STORMWATER IMPROVEMENTS PROJECT. in accordance with the Contract
Documents which are incorporated herein by reference and made a part hereof, and are herein
referenced to as the Contract.
WHEREAS, Surety is authorized to do business in the State of Florida.
NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly make
payments to all claimants as defined in Section 255.05 ET SEQ, Florida Statutes, supplying Principal with
labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the Work
provided for in the Contract, then this obligation shall be void; otherwise, it shall remain in full force and
effect subject, however, to the following conditions:
1. This bond is furnished for the sole purpose of complying with the requirements of Section
255.05, Florida Statutes. The conditions, provisions, and exemptions of Section 255.05, Florida Statutes
are hereby incorporated herein by reference.
2. It is a specific condition of this bond that a claimant's right of action on the bond is limited
to the provisions of Section 255.05, Florida Statutes, including, but not limited to, the one-year time
limitation within which suits may be brought. The provisions of Section 255.05, Florida Statutes are
incorporated herein by reference.
Therefore, a claimant, except a laborer, who is not in privity with the Contractor and who has not
received payment for his labor, materials or supplies shall, within forty-five (45) days after beginning to
furnish labor, materials or supplies for the prosecution of the Work, furnish the Contractor with a notice
that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and
who has not received payment for his labor, materials or supplies shall within ninety (90) days after
performance of the labor or completion of delivery of the materials or supplies, deliver to the Contractor
and to the Surety written notice of the performance of the labor or delivery of the materials or supplies
and of the nonpayment. No action for the labor, materials or supplies may be instituted against the
Contractor or the Surety unless both notices have been given. No action shall be instituted against the
Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of
the delivery of the materials or supplies.
3. The Surety's obligations hereunder shall remain in full force and effect notwithstanding (i)
amendments or modifications to the Contract entered into by Owner and Principal without the Surety's
knowledge or consent, (ii) waivers of compliance with or any default under the Contract granted by Owner
" Bond Number:
to Principal without the Surety's knowledge or consent, (iii) the discharge of Principal from its obligations
under the Contract as a result of any proceeding initiated under the Bankruptcy Code of 1978, as the
same may be amended, or any similar state or federal law, or any limitation of the liability of Principal or
its estate as a result of any such proceeding, or (iv) any other action taken by Owner or Principal that
would, in the absence of this clause, result in the release or discharge by operation of law of the Surety
from its obligations hereunder.
4. Any changes in or under the Contract Documents (which include the Drawings and
Specifications) and compliance or noncompliance with any formalities connected with the Contract or the
changes therein shall not affect Surety's obligations under this Bond and Surety hereby waives notice of
any such changes. Further, Principal and Surety acknowledge that the Penal Sum of this Bond shall
increase or decrease in accordance with the approved changes or other modifications to the Contract
Documents.
5. The Surety hereby waives notice of any change, including changes of time, to the
Construction Contract or to related subcontracts, purchase orders and other obligations.
6. When this Bond has been furnished to comply with a statutory or other legal requirement
in the location where the Construction Contract was to be performed, any provision in the Bond conflicting
with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to
such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this
Bond shall be construed as a statutory Bond and not as a common law bond.
7. Upon request by any person or entity appearing to be a potential beneficiary of this Bond,
the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made.
8. DEFINITIONS
8.1 Claimant: An individual or entity having a direct contract with the Contractor or with a
subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the
Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or
equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment
used in the Construction Contract, architectural and engineering services required for performance of the
work of the Contractor and the Contractor's Subcontractors, and all other items for which a mechanic's
lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished.
8.2 Construction Contract: The agreement between the Owner and the Contractor identified
on the signature page, including all Contract Documents and changes thereto.
8.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to
pay the Contractor as required by the Construction Contract or to perform and complete or comply with
the other terms thereof.
'B~nd Number:
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their
several seals on this day of , 2006, the name and corporate
seal of each corporate party being hereto affixed and these presents fully signed by its undersigned
representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of:
BARRACUDA BUILDING CORPORATION
Principal
WITNESSES:
By:
(SEAL)
(Signature)
(Type)
(Name and Official Title)
WITNESSES:
(Type)
COUNTERSIGNED:
BY:
(Title)
(Name of Surety)
(Name and Official Title)
By: (SEAL)
(Attorney in Fact and Florida Licensed Agent)
(SEAL)
(Name of Surety)
NOTE: If Principal and Surety are corporations, the respective corporate seal should be affixed and
attached.
Surety shall execute and attach a certified copy of Power of Attorney Appointing
Individual Attorney-In-Fact for execution of Performance Bond on behalf of Surety.
BIDDER:
. .
Bond Number:
CONSTRUCTION PERFORMANCE AND PAYMENT BONDS
CITY OF EDGEWATER
VOLUSIA COUNTY, FLORIDA
FRANCES DRIVE STORMWATER IMPROVEMENTS PROJECT
BID #06-SW-01
I, , certify that I am the Secretary of the corporation named
as Principal in the foregoing Construction Performance Bond, Performance and Payment Bonds; that who
signed the said Bonds on behalf of the Principal was then of said
corporation; that I know (his, her) signature, and (his, her) signature thereto is genuine, and that said
Bonds were duly signed, sealed and attested for and in behalf of said corporation by authority of its
governing body.
Secretary
(Corporate Seal)
Attach a Certificate of Insurance and/or Policy Binder indicating that Contractor has obtained
Comprehensive General Liability, Automobile Liability, Worker's Compensation Insurance and all other
required insurance.
Bond N~mber:
(SURETY COMPANY LETTERHEAD)
,2006
Mr. Jon C. Williams, City Manager
City of Edgewater
104 N. Riverside Drive
Edgewater, FL 32132
RE: Construction Performance and Payment Bonds
Authority to Date Bond and Power of Attorney
Bond Number:
Project Name: CITY OF EDGEWATER
VOLUSIA COUNTY, FLORIDA
FRANCES DRIVE STORMWATER IMPROVEMENTS PROJECT
BID #06-SW-01
Dear Sir:
Please be advised that as Surety, on the above referenced bond, executed in your behalf, for the
captioned project, you are hereby authorized, to date the bonds and the powers of attorney concurrent
with the date of the contract.
Best Regards,
(Surety Company's Name)
Attorney-in-Fact and
Florida Resident Agent
END OF SECTION
CITY OF EDGEWATER
104 N. Riverside Drive
Edgewater, FL 32132
(386) 424-2460 (386) 424-2463 (Fax)
NOTICE TO PROCEED
BARRACUDA BUILDING CORPORATION
1000 OCOEE-APOKA ROAD, SUITE 400
APOKA, FLORIDA 32703
(Contractor)
DATE: September 25.2006
RE:
Notice to Proceed on Project
Project:
CITY OF EDGEWATER
VOLUSIA COUNTY, FLORIDA
FRANCES DRIVE STORMWATER IMPROVEMENTS PROJECT
BID #06-SW-01
You are notified that the Contract Time under the above contract will commence to run October 9, 2006.
On that date you are to start performing the Work and your other obligations under the Contract
Documents. Based on the Contract Time stated in the Agreement, we calculate that the dates of
Substantial Completion and Final Completion are December 8.2006 and January 7,2007, respectively.
Work at the site must be started by October 9. 2006 as indicated in the Contract Documents.
Enclosed is one (1) set of Conformed Drawings and one (1) bound copy of the Conformed Project Manual
containing:
Acknowledqe Receipt of Notice
OWNER: CITY OF EDGEWATER
CONTRACTOR:
(Authorized Signature)
By:
(Signature)
(print or type name)
(Title)
(Date)
END OF SECTION
AGENDA REQUEST
Date: August 3 L 2006
PUBLIC HEARING
CONSENT
RESOLUTION
OTHER BUSINESS
x
ORDINANCE
CORRESPONDENCE
ITEM DESCRIPTION:
Water/Wastewater Chemicals Bid, Bid # 1306-2070
Recommendation for Bid Award on Quicklime and Liquid Carbon Dioxide
BACKGROUND:
Seven (7) Volusia County cities have joined together, with the City of Daytona Beach as the lead
agency, to seek competitive bids on Water and Wastewater Chemicals. The City of Edgewater is
part of this joint purchasing effort and on July 26,2006, bids were received and publicly opened.
STAFF RECOMMENDATION:
Staff recommends award of the bid as follows:
1. High Calcium Quicklime: Vendor- O-N Minerals (Luttrel) Company@ $131.14/ton.
2. Liquid Carbon Dioxide: Vendor - Airgas Carbonic @ $ 130.00/ton.
ACTION REQUESTED:
Motion to accept the bid for High Calcium Quicklime from O-N Minerals (Luttrel) Company at
$131.14 per ton for an estimated annual expenditure of $183,596.00 and to accept the bid from
Airgas Carbonic at $130.00 per ton for and annual estimated cost of$39,000.00 based onBid #1306-
2070; and for the Mayor or City Manager to execute associated agreements.
FINANCIAL IMPACT:.(FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
N/A
AGENDA ITEM NO.
Respectfully submitted,
.~W~
Te~orth
Environmental Services Director
Concurrence:
p-r;!--J\t r: J<.)
Robin Matuslck
P rale~.
Jo C. Williams
Interim City Manager
ADDENDUM NUMBER 1
TO THE DELIVERY AND SUPPLYING OF THE CHEMICAL
HIGH CALCUIM BULK LIME CONTRACT
BETWEEN
CITY OF EDGEWATER, FLORIDA
O-N MINERALS (LUTTRELL) COMPANY
By Agreement made and entered into this _ day of , 2006, by and
between the CITY OF EDGEW ATER, FLORIDA (hereinafter referred to as "CITY") and O-N
MINERALS (LUTTRELL) COMPANY, (hereinafter referred to as "CONTRACTOR").
WITNESSETH
The CITY and CONTRACTOR mutually agree to amend that certain Agreement between
the CITY and CONTRACTOR made and entered into on August 15,2005 as follows:
1. Both parties wish to utilize the renewal option contained in Section 2. - Time Frame -
for an additional one (1) year term beginning October 1, 2006 and continuing through
September 30,2007.
2. Section 4 - Compensation and Method of Payment - will change to a not to exceed
amount of one hundred thirty one dollars and fourteen cents per ton ($131.14/ton) for
the supply of high calcium bulk quicklime as stated in Exhibit "A".
3. The parties acknowledge that all other terms, provisions and conditions of the original
Agreement are republished, ratified and reaffirmed by the parties hereto.
IN WITNESS HEREOF the parties have made and executed this Addendum the day and
year written above.
WITNESSES:
CITY OF EDGEWATER, FLORIDA
By:
Jon C. Williams
City Manager
Dated:
WITNESSES:
O-N MINERALS (LUTTRELL) COMPANY
By:
Philip Moore
Senior Sales Manager
Dated:
(Agreement/O-N Minerals (Luttrell) Company)
,
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PUBLIC
HEARING
AGENDA REQUEST
Date: 9/13/06
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
ITEM DESCRIPTION:
BACKGROUND:
CONSENT
OTHER
BUSINESS
xx
Interlocal Agreement
For
Water and Wastewater Services
Due to the annexation of property into the City of Edgewater in the area north of
Massey Road and east of Mission Road, a water and wastewater service "enclave"
was created in that Mission Oaks Mobile Home Park became entirely surrounded
by City of Edgewater Water and Sewer Service area. The water and wastewater
system serving Mission Oaks Mobile Home Park is owned and operated by the
Utilities Commission of New Smyrna Beach (UC). The UC wishes to transfer the
ownership and operation of the infrastructure and service of the water and
wastewater system which serve the Mission Oaks Mobile Home Park to the City
of Edgewater. This transfer of assets from the UC to the City of Edgewater is
mutually beneficial for the following reasons:
I. It will help to "square off" the service area boundary between the
City of Edgewater and the City of New Smyrna Beach.
2. The UC will benefit as they will not have to relocate the force
main from Mission Oaks Mobile Home Park which lies within the
construction area of the lOth Street widening area project, thus
saving thousands of dollars.
3. The City of Edgewater will benefit by adding the assets of the
Mission Oaks Mobile Home Park water and sewer system to the
City with an established customer base of over 40 connections to
enhance our customer billing base. In addition, if any new units
are added to the Park, water and sewer impact fess would be
collected by the City.
The Mission Oaks Mobile Home Park will be connected to the City of Edge water
water and sewer system through Oak Leaf Preserve Subdivision, which has
provided connection points in their site plan for this potential circumstance.
Staff recommends approval of the Interlocal Agreement for Water
and Wastewater Services pertaining to Mission Oaks Mobile
Home Park.
STAFF RECOMMENDATION:
A motion to approve the Interlocal Agreement for Water and
Wastewater Services pertaining to Mission Oaks Mobile Home
Park and authorizing the Mayor or City Manager to execute the
agreement on behalf of the City.
ACTION REQUESTED:
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
DATE:
Respectfully submitted,
'~~,l0~
Department -a1.rector
C:\J.fyDociments\TerrysFiles\AgendaRequest
YES
AGENDA ITEM NO.
NO
~~0~.K
Robin Matusick, Paralegal l
.~~
INTERlOCAl AGREEMENT
FOR
WATER AND WASTEWATER SERVICES
This is an Agreement dated this day of , 2006, between the
Utilities Commission, City of New Smyrna Beach (hereinafter the "UC") and the City of
Edgewater (hereinafter the "City").
RECITALS
WHEREAS, the UC is the owner of water and wastewater infrastructure which
services the Mission Oaks Mobile Home Park;
WHEREAS, the UC is the operator of water and wastewater infrastructure which
services the Mission Oaks Mobile Home Park;
WHEREAS, there was a recent annexation of property north of Massey Road and
east of Mission Road into the City of Edgewater;
WHEREAS, the Mission Oaks Mobile Home Park is contiguous to the recently
annexed property; and,
WHEREAS, the County of Volusia is developing the 10th Street roadway, during the
course of which the sewage force main from Mission Oaks Mobile Home Park will be
disabled, after which sewage will be required to be managed in some other manner;
and,
WHEREAS, the UC and City wish to transfer the ownership and operation of the
infrastructure and service of the water and wastewater system which serves the Mission
Oaks Mobile Home Park to the City.
ACCORDINGL V, in consideration of the recitals hereof, for and in consideration of
the mutual understanding and agreement herein contained and assumed, and other
good and valuable considerations received by each party from the other, the receipt and
sufficiency of which are hereby acknowledged,
THE PARTIES AGREE AS FOllOWS
1. Term of Agreement. The UC will maintain and serve the water and wastewater
system which supports the Mission Oaks Mobile Home Park until such time the County
of Volusia develops the 10th Street roadway and disables the sewage force main from
Mission Oaks Mobile Home Park. On that date, City will take ownership and operate
and serve the Mission Oaks Mobile Home Park with water and wastewater.
2. Wastewater Service and Treatment. The UC will be responsible for sewer service
of the domestic sewage from the Mission Oaks Mobile Home Park service area until
such time the County of Volusia develops the 10th Street roadway and disables the
sewage force main from Mission Oaks Mobile Home Park. On and after that date the
City will be responsible for disposing of the sewage from the Mission Oaks Mobile
Home Park service area.
3. Billing. The UC will be responsible for billing the wastewater customers at the
Mission Oaks Mobile Home Park service area until such time the County of Volusia
develops the 10th Street roadway and disables the sewage force main from Mission
Oaks Mobile Home Park. On and after that date the City will be responsible for billing
the wastewater customers at the Mission Oaks Mobile Home Park service area.
Water Service - This transfer will occur in similar fashion to the above when
EWA has extended water lines to allow their provision of potable water service to
Mission Oaks customers. This is not expected to occur at the same date as the sewer
transfer, and is not a hardship/critical factor to the US to continue and provide water
service, since it is not an area affected by the County work on 10th.
4. Transfer of Assets. The UC will transfer, free of charge, the infrastructure which
services the Mission Oaks Mobile Home Park at such time the County of Volusia
develops the 10th Street roadway and disables the sewage force main from Mission
Oaks Mobile Home Park. The UC shall execute a Bill of Sale to transfer the utility assets
which serve the Mission Oaks Mobile Home Park service area subject to this
agreement, and transfer all related utility easements pertinent to the operation and
maintenance of said assets.
5. Maintenance. The UC shall maintain all field equipment necessary for its water
and wastewater service for the Mission Oaks Mobile Home Park service area in good
repair and maintain all current licenses and registrations required by state law until such
time the County of Volusia develops the 10th Street roadway and disables the sewage
force main from Mission Oaks Mobile Home Park.
DATED this
day of
{month],
{year]
UTILITIES COMMISSION, CITY OF NEW SMYRNA BEACH
By:
R. RODI, General Manager
CITY OF EDGEWA TER
By:
By:
CITY OF EDGEWATER
AGREEMENT FOR CITY MANAGER
THIS AGREEMENT made and entered into this 25th day of September, 2006, by and
between the CITY OF EDGEW A TER, FLORIDA, a municipal corporation of the State of
Florida (hereinafter "City"), and JON WILLIAMS, (hereafter "City Manager").
WITNESSETH:
WHEREAS, Jon Williams has demonstrated through his professional and educational
experience and performance the level of professional and administrative competency desired
by the City in its City Manager; and
WHEREAS, as provided by the City Charter, the City Council has the authority to
employ the City Manager; and
WHEREAS, the City is desirous of employing Jon Williams as its City Manager; and
WHEREAS, Jon Williams has indicated willingness to accept the responsibilities and
render specific performance to the City as City Manager; and
WHEREAS, both parties feel it would be mutually beneficial to have a contract of
employment between the City and the City Manager setting forth agreements and
understandings which (1) provide inducement for Jon Williams to accept the job of City
Manager, (2) make possible full work productivity by assuring Jon Williams' morale and
peace of mind with respect to future security, and (3) provide a just means for terminating Jon
Williams' services at such time as the City may desire.
NOW, THEREFORE, in consideration of the mutual covenants and promises which
the parties set forth below, the City and the City Manager agree as follows:
1. EMPLOYMENT OF CITY MANAGER:
The City hereby employs Jon Williams as City Manager and Jon Williams hereby
accepts such employment upon terms and conditions hereinafter set forth.
2. TERM:
The term of this Agreement shall commence on October 1, 2006 and shall continue
until such time the City Councilor Jon Williams desire to terminate this Agreement.
3. DUTIES:
The City Manager shall perform those duties specified in Section 4.02 of the City
Charter, City of Edgewater, Florida, as it may from time to time be amended, and all
other applicable laws and regulations, and such other legally permissible and proper
duties as he may be directed to perform by the City Council. Section 4.02 is attached
hereto and incorporated by reference as Exhibit "A".
4. PERFORMANCE EVALUATION:
A. Annually, at the end of each fiscal year, the City Council shall evaluate
the performance of the City Manager for the previous year, and the City
Council and City Manager shall define such goals and performance
objectives for the City Manager for the upcoming year. These goals
and performance objectives will be based on aspects which are
determined to be necessary for the proper operation of the City and in
the attainment of the City Council's policy objectives. The City
Council and City Manager shall further establish a relative priority
2
among those various goals and objectives, said goals and objectives to
be reduced in writing. These goals and objectives shall generally be
attainable within the time limitations as specified and the annual
operating and capital budgets and appropriations provided.
B. The City Manager, either at a regular City Council meeting or a Special
Meeting, shall provide to the City Council an update on the efforts put
forth to achieve the goals and objectives previously set at the end of
each fiscal year, and projected status with respect to success or failure
to accomplish the set goals and objectives. This update shall occur
approximately six (6) months after the beginning of the fiscal year
during the month of March or April.
C. As a result of City Council's evaluation of City Manager, the salary of
the City manager may be increased, but not decreased from the prior
year's salary levels, by the City Council. Any performance based
increase shall become effective upon approval by the City Council.
5. COMPENSA TION
Effective October 1, 2006, the City Manager shall receive initial annual compensation
of Ninety Eight Thousand and no/1 00 Dollars ($98,000.00) payable as employee
checks are issued by the City. City Manager may designate amounts out of his annual
compensation to be paid by the City as deferred compensation, and such payments
shall be deposited into the deferred compensation plan selected by the City Manager
and deducted accordingly from the annual compensation payments.
3
6. BENEFITS:
A. Except as hereinafter provided, the City Manager shall retain his
current employment, benefits, including but not limited to: paid
vacation leave, sick leave, personal days, worker's compensation,
retirement (The City agrees to pay 16% of Jon Williams' annual salary
into a qualified 401(a) defined contribution plan offered through ICMA
Retirement Corporation for Jon Williams in the form of a money
purchase plan), life insurance, health insurance and dental insurance. If
different types of employee benefits are provided by the City, the City
Manager will be entitled to the highest standard of benefits provided by
the City to its management employees.
B. The City agrees to pay dues for the City Manager's membership in the
International City/County Management Association, Florida City and
County Management Association and other organizations approved by
the City Council where such memberships would be beneficial to the
City. The City agrees to pay the cost associated with travel and
attendance at the annual conferences of the organizations referred
above as approved in the budget by City Council.
C. The City recognizes that the City Manager must devote a great deal of
time outside the normal office hours to the business of the City, and to
that end the City Manager will be allowed to take compensatory time
off as he shall deem appropriate during normal office hours.
4
D. The City shall provide the City Manager with a Five Hundred and
00/100 Dollars ($500.00) monthly car allowance payable on the first
payroll period of the month for the month in advance. Said allowance
shall be intended to reimburse the City Manager for the use of his
personal vehicle for local travel, defined as that travel not exceeding
fifty (50) miles round trip. All other travel shall be reimbursed to the
City Manager at a cents per mile equal to the IRS allowable rate then in
effect.
7. IDEMNIFICATION
A. Beyond that required under Federal, State or Local Law, the City shall
defend, save harmless and indemnify Jon Williams against any tort,
professional liability claim or demand or other legal action, whether
groundless or otherwise, arising out of an alleged act or omission
occurring in the performance of his duties as City Manager or resulting
from the exercise of judgment or discretion in connection with the
performance of program duties or responsibilities, unless the act or
omission involved willful or wanton conduct. Jon Williams may
request and the City shall not unreasonably refuse to provide
independent legal representation at the City's expense and the City may
not unreasonably withhold approval. Legal representation, provided by
the City for Jon Williams, shall extend until a final determination of the
legal action including any appeals brought by either party. The City
5
shall indemnify Jon Williams against any and all losses, damages,
judgments, interest, settlements, fines, court costs and other reasonable
costs and expenses of legal proceedings including attorneys fees, and
any other liabilities incurred by, imposed upon, or suffered by Jon
Williams in connection with or resulting from any claim, action, suit, or
proceeding, actual or threatened, arising out of or in connection with
the performance of his duties. Any settlement of any claim must be
made with prior approval of the City in order for indemnification, as
provided in this Section, to be available. Jon Williams recognizes that
the City shall have the right to compromise and settle any claim or suit,
except in cases where Jon Williams is a party to the suit or a
compromise or settlement is of a personal nature to him and in those
cases Jon Williams shall have a veto authority over any such
compromise of settlement. Further, the City agrees to pay all
reasonable litigation expenses of Jon Williams throughout the
pendency of any litigation to which Jon Williams is a party, witness or
advisor to the City. Such expense payments shall continue beyond Jon
William's service to the City as long as litigation is pending. Further,
the City agrees to pay Jon Williams reasonable consulting fees and
travel expenses when he serves as a witness, advisor and or consultant
to the City regarding pending litigation if Jon Williams is not employed
by the City at the time of the pending litigation.
6
B. Indemnification shall extend beyond termination of employment and
the expiration of this Agreement whether the notice or filing of a
lawsuit for such tort, claim, demand or other legal relief occurs during
or following the City Manager's employment with the City except as
follows:
1. Where the City Manager exceeds the scope of his authority; or
2. In the case of a conviction for any felony related to official
duties as City Manager.
8. TERMINA TION OF AGREEMENT
A. This Agreement may be terminated by the City Council, and Williams
removed as City Manager, with or without cause, at any time during the
term of this Agreement. Upon termination of this Agreement by the
City Council, Jon Williams shall receive thirty (30) day notification as
well as a payment equal to the following:
1. The total balance of accrued sick, vacation and personal leave;
and
2. One (1) year severance which shall include current salary at
time of termination of this Agreement, and medicaVdental
insurance as currently provided.
B. The City shall be exempt from payment of said compensation or said
insurance coverage if any of the following occur:
7
1. Conviction of a Felony - In the event Jon Williams'
employment with the City is terminated due to a conviction of
any criminal act resulting in a felony conviction; or
2. Removal from Office by the Governor - In the event Jon
Williams is removed from office by the Governor of the State of
Florida, pursuant to Section 112.52, Florida Statutes (2000) or
is otherwise lawfully removed from office by either the state or
federal governments.
9. VOLUNTARY RESIGNATION
This Agreement may also be terminated by Jon Williams upon thirty (30) day
notification to the City Council. If termination as City Manager is due to a voluntary
resignation submitted by Jon Williams, he shall receive the total balance of accrued
sick, vacation and personal leave. No further compensation will be provided to Jon
Williams after the thirty (30) day notification period has expired.
10. OUTSIDE EMPLOYMENT:
Jon Williams recognizes and understands that the position of City Manager shall
require his full time attention and accordingly agrees to devote all time necessary to
fully discharge his duties. Jon Williams shall refrain from accepting any engagement
which would interfere in any way with the faithful performance of his services.
However, nothing in this Agreement will be construed so as to prevent the City
Manager from accepting honoraria or consulting fees from educational institutions,
8
units of local government or state agencies for lectures, articles, instructional material,
consultation in the area of local government law which shall not be in conflict with the
City Manager's responsibilities to the City.
11. BONDING
The City shall bear the full cost of any fidelity or other bonds required of Jon Williams
under the City Charter, any Law, or Ordinance.
12. GENERAL PROVISIONS
A. Integration This Agreement sets forth and establishes the entire
understanding between the City and Jon Williams relating to the
employment of Jon Williams by the City. Any prior discussions or
representations by or between the parties are merged into and rendered
null and void by this Agreement. The parties by mutual written
agreement may amend any provision of this agreement during the life
of the Agreement. Such amendments shall be incorporated and made a
part of this Agreement.
B. Binding Effect This Agreement shall be binding on the City and Jon
Williams as well as their heirs, assigns, executors, personal
representatives and successors in interest.
C. Effective Date This Agreement shall become effective on October 1,
2006.
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D. Severability The invalidity or partial invalidity of any portion of this
Agreement will not effect the validity of any other provision. In the
event that any provision of this Agreement is held to be invalid, the
remaining provisions shall be deemed to be in full force and effect as if
they have been executed by both parties subsequent to the
expungement or judicial modification of the invalid provision.
13. NOTICES:
Notice pursuant to this Agreement shall be given by depositing in the custody of the
United States Postal Service, postage prepaid, addressed as follows:
If to City Manager:
Jon Williams
414 Central Mariners Gate Drive
Edgewater, Florida 32141
If to City:
Mayor
Post Office Box 100
Edgewater, Florida 32132-0100
With copy to:
Legal Department
Personnel Department
City of Edgewater
Post Office Box 100
Edgewater, Florida 32132-0100
Alternatively, notice required pursuant to this Agreement may be personally served in the
same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the
date of personal service or as the date of deposit of such written notice in the course of
transmission in the United States Postal Service.
Except as otherwise provided herein, this Agreement may not be modified or waived unless in
writing and duly executed by all parties to this Agreement.
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IN WITNESS WHEREOF, the parties have made and entered into this Agreement
on the dates listed below:
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Susan J. Wadsworth, City Clerk
Michael L. Thomas, Mayor
Dated:
WITNESSES:
CITY MANAGER
Jon Williams
Dated:
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Exhibit "A"
ARTICLE IV. ADMINISTRATION
Sec. 4.02 Powers and duties of the City Manager
The city manager shall be the chief administrative officer of the city and shall be responsible to the
city council for administration of all city affairs placed in the city manager's charge under this
charter. The city manager shall:
(1) Appoint, and when necessary, suspend or remove, all officers and employees of the city
except as otherwise provided by law, this charter, or personnel rule adopted pursuant to this
charter. The city manager may authorize any officer subject to the city manager's direction
and supervision to exercise these powers with respect to subordinates in that officer's
department or agency;
(2) Direct and supervise the administration of all departments, offices, and agencies of the city
except as otherwise provided by this charter or by law;
(3) Attend all city council meetings. The city manager shall have the right to take part in the
discussion but shall not vote;
(4) See that all laws, provisions of this charter and acts of the city council, subject to
enforcement by the city manager or by officers subject to the manager's direction and
supervision, are faithfully executed;
(5) Prepare and submit the annual budget and capital program to the city council;
(6) Submit to the city council a complete report on the finances and administrative activities of
the city as of the end of each fiscal year;
(7) Make such other reports as the city council may require concerning the operations of city
departments, offices, agencies;
(8) Keep the city council advised as to the financial condition and future needs of the city;
(9) Make recommendations to the city council concerning the affairs of the city;
(10) Provide staff support services for the city council;
(11) Sign contracts, agreements, or leases on behalf of city to the extent authorized by ordinance;
and
(12) Perform such other duties as are specified in the charter or may be required by the city
council.