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CITY OF NEW SMYRNA BEACH CITY COMMISSION REGULAR

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					Regular Meeting - November 13, 2012




                        CITY OF NEW SMYRNA BEACH
   CITY COMMISSION REGULAR MEETING AGENDA

                   TUESDAY NOVEMBER 13 2012                                      6 P
                                                                                 30 M

                  CITY COMMISSION CHAMBER CITY HALL
                210SAMS AVENUE NEW SMYRNA BEACH FLORIDA

   I                 RollCall
             Call to Order

   II        Pledaeof Alleeiance
             Invocation

   III       Approval of the Agenda

   IV        Announcements
             PresentationslRecoanition

         A   Proclamation Cancer Awareness Month Presentation of a proclamation naming
             Pancreatic
             November 2012 as Pancreatic Cancer Awareness Month Accepting the proclamation will be

             representatives   from the Pancreatic Cancer Action Network for Central Florida


         B   Breast Cancer Awareness Month Fundraiser Proceeds Presentation of                 5 raised for
                                                                                               000
             Breast Cancer Awareness     by   the New   Smyrna   Beach Fire Rescue    Department jointly with the
             Merchants of Flagler Avenue during a Project Pink event held             October 20 2012 on Flagler

             Avenue A second fundraiser for Breast Cancer Awareness was the Best               on   the Beach Chili

             Cook Off and the Merchants of Flagler will present the         winning plaque    to the New   Smyrna
             Beach Fire Rescue Department


   V         Mavor and Commission Reports


   VI        Consent Agenda Aaoroval of Minutes Resolutions
                                             Routine


                        of Meeting Minutes                the minutes of   regular meetings   held October 16 and
         A   Approval                          Approve
             October 30 2012


                                                       Right Approve
                                                       of
                                                       Way                 purchase of a 9
                                                                                the       foot strip of
         B   Purchase of   Esther
                           Property           Street

             property from the Ocean View Condominium Association located adjacent to the Esther
             Street Park Project site at a cost of 52 and approve staff entering into a Contract for Sale
                                                   195
             and Purchase of the property


         C   Engineering Consultation Services and Permitting South Atlantic Beach Park
                                       Design              901
             Accept the ranking of firms for Engineering Consultation Services Design and Permitting for
                                                                    Dixon
             901 South Atlantic Beach Park Firm rankings were 1 Anderson LLC 2 Zev Cohen
             and Associates and 3 Parker Mynchenberg and Associates




Page 1 of 303
                  November 13, 2012
Regular Meeting -Order No 4 Street
      D Change            Esther                        Beachfront Park and Stormwater             Improvements Project
            Approve Change        Order No 4 to the Esther Street Beachfront Park and Stormwater                 Improve
            ments Project in the       amount of    715
                                                    58
                                                    68 with additional                  contract time of 18 days



      E     Interlocal     Agreement Renewal Authority Fuel Services Approve a one exten
                                       Housing                                             year
            sion to the     existing Interlocal Agreement with the Housing Authority of New Smyrna Beach
            for Fleet     Fuel Services which would expire September 30 2013


      F                           South
            Resolution No 25Grant Application Atlantic Beach Park
                          ECHO12                                                                             Adopt   a   resolu
            tion    authoring   the   City Manager    to submit an ECHO Grant             Application    to Volusia   County
            submit    request to the Volusia County Council to allow up to 150 in CRA funds
                      a                                                          000                                      to be

                                                                            s
            utilized as a grant match and authorizing the allocation of the City 50 match not to                              ex

            ceed 29000   0

      G     Resolution No 26of Bid of Golf Carts Approve the bid awazd to E
                          Award Lease
                               12                                         GOZ
            and PNC       Equipment Finance        LLC and   adopt    a           authorizing the Mayor to negotiate
                                                                           resolution
            execute and deliver one or more leases in the            principal              exceeding 167 with
                                                                                    amount not             461
            PNC  Equipment Finance           LLC for the    lease of golf carts for the Municipal Golf Course over a
            period offour years

      H     Police  Department Request for No Parking Si rg Approve the installation of six 6
                                                              age
            No   Parking signs    in the vicinity of New
                                                         Smyrna Beach High School along 10th Street in
            order to ease traffic congestion in the area


            Police   Department Request fora          No Left Turn Sign         Approve the installation of a No Left
            Turn   sign on the south side ofthe street south              of Read Patillo Elementary School in order to
            deter pazents from blocking traffic and
                  drivers                                                 also   serve as a   reminder   to follow the traffic

            plan established by the school


      J     Upcoming Special Events Approve                 the   following special       events as   recommended        by   the

            Special Events Committee
            1      Norwood Holiday Food
                   s                                  Wine Festival   Approve           the conduct of the Annual          Nor
                   wood Holiday Food
                   s                              Wine Festival scheduled for the weekend of November 30 De
                   cember 1 and December           2 2012   as    hosted    by   s
                                                                                 Norwood Restaurant and Wine              Shop
                   Further approve the requested           2 Avenue from Goodwin Avenue to
                                                        closure of                                                       Cooper
                   Street on Saturday December I 2012 from 10 a 6 p
                                                              m to   m

            2      24th Annual Li       t   Up   Flagler Avenue   Approve the conduct of the 24th             Annual     Light
                   Up Flagler   Avenue event scheduled for         Friday December 7 2012 from 5
                                                                                             pto 8 p
                                                                                             m        m
                   as hosted by the Flagler Hospitality GroupFurther approve the closure of Flagler Avenue
                   from Peninsula Avenue to Buenos Aires Street from 5 pto 8 p
                                                                       m        m the day ofthe event

            3              Seaside
                   Outdoor Movie Station                Approve       the    showing     of an outdoor movie     on a    35
                                                                                                                         foot
                   blow up screen on Thursday December 20 2012 from 5 pto 8p
                                                                           m       30 m as hosted by
                   the City Recreation and Special Events Department Further approve the closure of Flagler
                   Avenue between Buenos Aires Street and North Atlantic Avenue and                           South Atlantic
                   Avenue from    Flagler    Avenue to Jessamine Street from 5 pto 8
                                                                               m      mthe
                                                                                   30 p                            day    ofthe

                   event


   VII      Ordinances Second Readine and Public Hearines


      A Ordinance No 98
                     Budget Amendment Conduct the second
                          12                                             reading and public hearing of
            an ordinance which if adopted would amend the current expenses and capital outlay required

            by the City for the fiscal year October 1 2012 through September 30 2013 At its regular
            meeting held October 30 2012 the City Commission unanimously approved the
            proposed ordinance on first reading as moved by Commissioner Grasty and seconded by
            303 Mayor
            Vice         Reiker
Page 2 of
   VIII Public - November 13,
Regular Meeting Particiaation 2012
     n accordance w Resolution No 43 a threeGmilation wibe imposed un otherwise gmnfed by the Ciry Cammirsiaa
                  h                J0  minute                       as


    IX            Ordinances First Reading


              A Ordinance No             99 Amendment
                                             12
                                         Budget                          Conduct the first     reading of an ordinance which
                   if adopted would amend the current expenses and                  capital outlay required by the Ciry for the
                   fiscal year October 1 2012          through September        30 2013

    X                            New
                  Administrative Items Business

              A CRA U Hi hwav l Blight Study and
                    S                                                         Update
                                                                              Kimley
                                                                              Horn
                                                                        Redevelopment       Master Plan
                  Consider  approval         of entering into   a
                                                                     Kimley for the conduct of a
                                                                     Horn
                                                                    contract   with the firm
                   U 1 CRA Blight Study and future Redevelopment Master Plan Update for the budgeted
                   S
                   cost of 35 for the Blight Study and 77 for the plan update
                           000                         800

    XI             Boards and Commissions

              A    Fire Pension Board              reappointment of David Newell to a two term to expire
                                              Accept     the                           year
                  November I 2014 as selected by the Fire Pension Board at its meeting on November 8 2012
                  Also discuss and provide direction regarding the appointment of City Commission representa
                  tives to the board


              B    Police Pension Board      Accept the reappointment of John Thomson to a two term to
                                                                                                   year
                   expire   October 1    2014 as selected by the Police Pension Board at its meeting on November 8
                   2012     Also   discuss and provide direction regarding the appointment of City Commission rep

                   resentatives    to the board



    XII                 s
                   City Manager Resort

    XIII                s
                   City Clerk Report

    XIV                 s
                   City Attorney Resort

    XV             Adjournment




Porsuam to Florida Stamfes   286 if an individual decides to appeal any decision made by the Ciry Commission with respect to soy
                             0150
matter  considered at this meeting a record of the proceedings will be required and theindividual will need to ensure that a verbadm tran
script of the proceedings is made which record includes the testimony and evidence upon which the appeal is based
                                                                                                                         Such
                                                                                                                               person must
provide   a   method for recording the   proceedings

In accordance with the      Americans With Disabilities Act persons needing assisunce to participate in any of these proceedings should con
                                 person or by mail at 210 Sams Avenue New Smyrna Beach Florida 32168 386 4242112 prior to
                                                                                                                                   the meet
tact the City Clerk omce io
              s


Page 3 of 303
ing
Regular Meeting - November 13, 2012
                                                    of New                Smyrna                      Beach
                                      City
                                                            Proclamation
                        TM
                                         Pancreatic Cancer Awareness
                                                   Month November 2012
                                       for         and there have been no significant improve
                                             pancreatic
WHEREAS        there is      no cure                      cancer

                                                      an estimated 43 people will be diag
                                                                   920
ments in survival rates in the last 40 years In 2012
                                                                                       of which
nosed with pancreatic cancer in the United States and 37 will die from the disease
                                                      390

2 deaths will occur in Florida and
670

                                        is  of the deadliest cancers is the fourth leading cause of
WHEREAS pancreatic             cancer        one
                                                              cancer with afive relative survival
                                                                          year
cancer death in the United States and is the only major
                                                                        cancer patients die within the
rate  in the single digits at just six percent 74 percent of pancreatic
                                                                               die within the first five
first year of their diagnosis while 94 percent of pancreatic cancer patients
years and

             the Federal Government invests                  significantly   less money       in   pancreatic    cancer
WHEREAS
research than it does in any of the other leading            cancer   killers and

                                                          and only national patient advocacy
WHEREAS the Pancreatic Cancer Action Network is the first
organization   that   serves    the    pancreaticcommunity nationwide by focusing its
                                                    cancer                                                      efforts   on

                                                                       and education                            related to
public policy research funding patient services and public awareness
developing effective treatments and a cure for pancreatic cancer
                                                                 and


WHEREAS        the Pancreatic Cancer Action Network and its affiliates in Central Florida support
                                                                                        than a cure
those   patients currently battling pancreatic cancer and are committed to nothing less
and


WHEREAS        the     health and well of the residents of New Smyrna Beach are
                      good           being
enhanced as a direct result of increased awareness about pancreatic cancer and research into

early detection causes and effective treatments
                                                                                         Smyrna Beach      do    hereby
NOW THEREFORE I Adam Barringer Mayor                                     City
                                                                of the          of New

proclaim November 2012 as
                        PANCREATIC CANCER AWARENESS MONTH

                                                                       Cancer Action Network in
 in New Smyrna Beach and call upon all citizens to join the Pancreatic
                                                       will lead to more scientific breakthroughs
 its efforts to raise awareness and raise funds which
 and finally treatments and a cure for Pancreatic Cancer




                                                                                 Novem
                                                                                 b
                                                                                 e
                                                                                Z r
                                                                                   day                   2012
 IN WITNESS WHEREOF I have hereunto set my hand this 13th                                of




                                                                             ADAM
                                                                             MAYOR
                                                                                    BARRINGER
                                                                                    iZi2


Page 4 of 303
     Regular Meeting - November 13, 2012 ITEM SUMMARY
                             AGENDA




Department Making Requeat                             City Clerk



Meeting Date                                       November        13   2012


Action Item Title                                         Minutes



Agenda       Section                               Consent      Agenda


Summary Explanation and Background

The   City    Commission held the            following meetings regular meetings                 held October    16    and
October      30   2012


As  required by Florida Statutes minutes of these meetings                                    were    prepared   and   are


presented for City Commission review and approval




            Motion
Recommended Action
A     rove   the Minutes of the    re       ar   meetin   s   held October 16 and October 30 2012

Funding Analyais             Not   Applicable        as   there is   no   fiscal   impact

Exhibits Attached
Minutes of the     re   ular meetin     s   held October 16 and October 30 2012

Reviewed B                              Name                                          a ure

De artment Director                     Johnn       R Bledsoe

                                        Cit      Clerk

Finance Director                        Althea Philord                                        No A     licable

Cit    Attorney                         Frank B Gumme               III                       Not A    licable
Cit    Mana       er                    Pamela Bran accio                                     Not A    licable


Commission Action




     Page 5 of 303
Regular Meeting - November 13, 2012


              MINUTES OF THE REGULAR CITY COMMISSION MEETING




   Having    been   duly advertised    as   required by law the regular meeting of the City
  Commission of the        City   of New    Smyrna Beach Florida was held on Tuesday
  October    16 2012      in the    City   Hall Commission          Chamber     210 Sams     Avenue
   New    Smyrna Beach      Florida


   Mayor Barringer       called the    meeting   to order at 6 p and the
                                                             30 m                           following
  answered     present   to the roll call


                                     Mayor Adam Barringer
                                   ViceMayor Judith A Reiker
                                   Commissioner Jack S Grasty
                                   Commissioner Lynne Plaskett

  Also  present were City Manager Pamela Brangaccio Assistant City Manager
   Khalid Resheidat City Attorney Frank Gummey Police Chief Ron Pagano Fire
   and Emergency Services Chief David McCallister Planning Manager Gail

   Henrikson CRA Director Tony Otte and City Clerk Johnny Bledsoe Commis
   sioner   Hathaway was     absent
                                                 xxx


                                                                               and gave the invoca
   Police  Department Chaplain Pete Carter              Jr    was   present
   tion   Mayor Barringer led those present in          the   Pledge   of   Allegiance to the Flag
                                                 xxx



   APPROVAL OF THE AGENDA               City Manager Brangaccio reported the addition
   of Consent  Agenda         Item    M an extension request regarding a previously
   approved      Opportunity Site Grant Award for property at 237 and 239 Canal
               CRA
   Street  Approve a 90 extension request by the property owner of property at
                     day
   237    239 Canal Street and the removal from the agenda of Administrative
   Items Business Item D Bid Award for the
   New                                                          Washington       Street   Streetscape
   Project
                                                  xxx



   ANNOUNCEMENTS
   RECOGNITION
   PRESENTATIONS

   October 2012 Cancer Awareness Month Fire and Emergency Services
           Breast
   Chief Dave McCallister outlined actions taken by the Fire Department in recogni
   tion of October 2012       being   Breast Cancer Awareness Month                 Engineer
                                                                                    Driver
   Tom Bull  highlighted the fire engine that was painted pink to                display the depart
   ment and
   s            City support of breast cancer awareness initiatives Mr Bull
                s
                                                            s
   thanked the Commission for its continued support of the department actions

                                                  xxx




Page 6 of 303
Regular Meeting - November 13, 2012


   Police Officer Promotion Ceremony   Mayor Barringer accompanied by Police
   Chief Ron Pagano recognized                   Christopher Kirk and Lisa Hamm
                                          Police Officers
   Gundrum on their recent selection for promotion to the rank of Sergeant Chief

   Pagano outlined the Sergeant Selection Process and assisted Mayor Barringer
   and family members in the pinning of Sergeant badges and presenting of
   Commission Certificates to both Sergeants Kirk and Hamm
                                                      Gundrum


                                                      xxx



   One Mill School Tax Referendum Volusia      County School Board Director of
   Transportation Services Greg Akin gave a presentation regarding the proposed
   One Mill School Tax Referendum on the ballot for the upcoming general election
   on November 6 2012     Mr Akin was accompanied by School Board Director of
   Maintenance and Operations Russell Tysinger

                                                      xxx


   MAYOR AND COMMISSION REPORTS

   Vice Mayor Reiker          Reported      on   her recent attendance at the                 Open     House

   event     hosted    by   the Southeast Volusia Chamber of           Commerce on            the occasion
   of the organization moving          back into its        building upon completion           of extensive
   restoration and improvements being              made        Vice   Mayor      Reiker felt the     building
   was   beautiful     Vice    Mayor   Reiker also     reported     on   her attendance at the recent

   ribbon    cutting   ceremony for the      new Ocean Walk               Building      on   South Atlantic

   Avenue
                                                      xxx



   Commissioner        Grasty Reported        on      his recent attendance at           a   meeting   of the
                                                                     Environmental and Water              He
   Florida   League     of Cities Committee       on    Energy
   commented on activities and          upcoming                by
                                                       events hosted        Smyrna
                                                                                 the New               Beach
   Historic Museum            Commissioner   Grasty also reported on his attendance at the
   recent open house hosted            by the Bert Fish Medical Center Oncology Depart
   ment He commented on his recent vacation where he visited the historic                             vessel
   Delta    Queen at its current location in          Chattanooga        Tennessee


                                                      xxx


   Commissioner Plaskett Was excited to                     see   landscaping     and   signage being      in

                                                               95
   stalled at the sites of gateway improvements at S 44 and Iand S 44
                                                     R                     R
   and Canal Street Commissioner Plaskett further reported that she was pleased
   to inform the      City   Commission that     an   initiative to install traffic     signal preemption
   equipment     wasrecently        moved          priority
                                             up on the          by        list      the Volusia    County
   Transportation  Planning Organization Planning Manager Gail Henrikson out
   lined the presentation given by staff that resulted in the increase in priority of the

   project
                                                      xxx




   Regular Meeting October 16               2012                                             Page 2    of 18

Page 7 of 303
Regular Meeting - November 13, 2012


   Mavor   Barringer Invited the public                to the Alonzo Babe James                  Community
   Center to    participate   in a going away party for Commissioner Plaskett on Mon

   day   October   22      2012 Mayor Barringer announced that a job fair would be held

   on   October   18 2012 regarding jobs           at the    new   Hampton     Inn Hotel    on   Flagler   Av

   enue   Mayor Barringer          commented       on   communications received from              a   resident

   regarding future City plans for vacant property on Columbus Avenue City Man
   ager Brangaccio reported the topic was a future agenda item for discussion and
   direction to staff
                                                       xxx

   CONSENT AGENDA

   Mayor Barringer               following
                           read the                consent    agenda items        submitted and        recom

   mended      by staff for approval


           A Approval of Minutes       Approve the minutes of the regular meetings
                held   August 28 September 11 and September 25 2012 and the spe
                cial   meeting held September 25 2012

           B    Sidewalk Cafe Application No SC Canal Street Approve
                                              01
                                              501         12
                the Sidewalk Cafe Application allowing six additional outdoor seats at
                three                               way
                                                    of
                     tables within the Canal Street right on property at 501
                Canal Street as submitted by Victoria Wray on behalf of Richard

                Rosedale owner

           C Change Order No 6 Park
                             Riverside                               Seawall      Pier and Lighting        Re
                                                                                       in the amount of
                          Approve Change Order No 6
                placement Project
                639 amending the existing contract with C
                8
                36                                                                      L    Landscaping
                Inc for    a   total cost of   953
                                               47611

                     916
           D License Agreement South Riverside Drive Approve                                 entering      into
                                               with Brett    Smith           of   property   at 916 South
                a license      agreement                             owner

                Riverside       Drive   to install  landscaping irrigation landscape lighting
                and    a   brick terrace with      pathways within the South Riverside Drive
                and Second Street         way
                                          rights
                                          of

           E    Contract Renewal Sweeping Services
                         Street                                              Approve        the renewal of
                the contract with USA Services for Street Sweeping services at a lower
                rate than previous years due to action to piggyback the renewal from
                the    City of Jacksonville       The cost of the contract


           F    Blanket Purchase Order Services
                                 Landfill                   Approve a blanket pur
                chase order payable to Volusia County                       577
                                                      in the amount of 729 for

                landfill services




   Regular Meeting          October       18    2012                                        Page      3 of 18

Page 8 of 303
Regular Meeting - November 13, 2012


         G Engineering          Consulting           Services
                                                     Municipal                  Airport Approve the
             Tenth Amendment for                  Consulting    Services for the      design of Runway
              29
             11 and           Taxiway        D and E Rehabilitation to               Airport Engineering
             Company AEC                11750
                                        at   a0 with 90 funding from an FAA
                                                 cost of
             AIP Grant a 5 percent matching grant from the Florida Department of

             Transportation and the remaining 5 percent to be paid from Airport
             funds


         H   Bid Award Sewer Improvements
                 Airport                                                Approve      the award of bid to
             R Scott Construction for the installation of an 8
                 A                                              inch                         sewer        line at

                                                               952
             airport property at 1996 Aero Circle at a cost of 70

             Bid Award
                 Airport                  Building Improvements Approve                   the award of bid
             to     McNeal          and      White         Contractors        Inc   for    the        construc
             tion of
             rehabilitation                  airport property        at 1996 Aero    Circle      at   a   cost of

               779
             110

         J   CRA Revision to Opportunity Site Guidelines Consider approval of
             revisions recommended by staff to existing opportunity site guidelines

             specifically      an   administrative          change     made to ensure        only      the    City
             Commission         approved          contracts


         K   Extension        CRA
                              Reauest Opportunity                      Site    Grant Award Canal
                                                                                     426
             Street       Approve     sixty extension request by the property owner
                                      day
                                        a

             ofproperty        at 426 Canal Street for the purpose of obtaining building
             permits The         request was required due to a change in the site plan

         L   Special      Events    Approve          the   special    events outlined below       as      submit

             ted   by   the   Special     Events Committee for consideration


                   Annual Halloween               Parade    Approve        the conduct of the Annual
                   Halloween        Parade        scheduled to be held         Wednesday         October       31
                   2012 from 4 p to 8 p as hosted by the Recreation and Spe
                                m       m
                   cial Events Department If approved further approve the closure of
                   the Chamber of Commerce parking lot and Canal Street from Or

                   ange Street to Riverside Drive from 3 p to 8 p the
                                                         m      m                                     day   of the

                   event


                                                                                                 the conduct
             2     Annual Flamingo Follies Holidav Art Show                      Approve
                   of the Annual Flamingo Follies Holiday Art                    Show     scheduled to be
                   held Saturday Sunday November 10 and 11 2012 from 9 a
                                          and                          m

                   to 5 p each day as hosted by
                         m                      the Recreation and Special
                   Events      Department         If approved further approve the closure of
                                             from Peninsula Avenue from Buenos Aires from 3
                   Flagler Avenue
                   a
                   m      Saturday through            7 p
                                                        m       Sunday        with Atlantic Avenue           being
                   open from 5 p
                             30 m                  Saturday    to 6   a
                                                                      m    Sunday


   Regular Meeting        October           16    2012                                      Page 4 of         18

Page 9 of 303
Regular Meeting - November 13, 2012


              3   Annual Christmas          on Canal        Approve the special
                                                           Street Event
                  events   Spark the Spirit           Friday November 23 2012
                                                     to be held

                  and Coastal Christmas Market to be held Saturday November
                  24 2012 Both events will be hosted by the Canal Street Historic
                  District Association If approved further approve the closure of
                  Canal Street from east of Magnolia Street to the east side of Or
                  ange Avenue and also close Live Oak Street between Downing
                  Street and Canal         Street   from 3 p Friday November
                                                           m                                   23   2012

                  through   6 p
                              m      Saturday       November 24 2012


              4 Outdoor Movies at Christmas                Park   Approve         the conduct of Out
                  door Movies at Christmas  Park scheduled to be held Friday No
                  vember  30 2012 from 5 p to 8 p as hosted by the Recre
                                          m      30 m
                  ation and Special Events Department If approved further approve

                                                Street from Canal Street                            Street
                  the closure of Live Oak                                          to   Downing
                  from 5 p to 10 p the
                         m       m                   day    of the event


           M Extension RepuesUCRA Oooortunity Site Grant Award Canal
                                                         237       239
                             a 90 extension request by the property owner of
             Street  Approve day
               property   at 237      239 Canal       Street for the completion          of the   project
              and   move   the   closing   date to   January 29 2013
   Motion
   Commissioner       moved to approve all consent agenda items per staffs
                       Grasty
   recommendation Vice Mayor Reiker seconded the motion and the roll call was


                                           Reiker
                           Vice   Mayor                       yes
                           Commissioner  Grasty               yes
                           Mayor Barringer                    yes
                           Commissioner Plaskett              yes

   The motion carried     unanimously
                                                    xxx



   ORDINANCES SECOND READINGS AND PUBLIC HEARINGS


   Ordinance      No    54 Load and Wind Borne
                          12      nd                               City Attorney
                                                                          Debris

   Gummey     read Ordinance No         12             by
                                       54 the second time       only Chief Building
                                                                          title
   Official Mike Knotek outlined the proposed ordinance   which if adopted would
   amend the City Code by creating a new section entitled Wind Load and Wind
   Borne Debris to increase requirements for issuance of building permits


   Mayor Barringer opened the public hearing As no citizens wished                        to   speak   re


   garding the matter Mayor Barringer closed the public hearing
   Motion
                                                          Ordinance   54 as
                                                                       12           submitted        Vice
   Commissioner Plaskett moved to             adopt
   Mayor    Reiker seconded the motion and the roll call was


   Regular Meeting       October      16    2012                                        Page   5 of 18

Page 10 of 303
Regular Meeting - November 13, 2012


                          Commissioner  Grasty                   yes

                          Mayor Barringer                        yes
                          Commissioner Plaskett                  yes
                          Vice    Mayor Reiker                   yes


  The motion carried     unanimously
                                                         xxx



   Ordinance     No    85 Colonv Park
                       Turnbull
                              12                                  Larae   Scale   Future   Land   Use
  Amendment       City Attorney Gummey               read Ordinance No             by
                                                                             85 the first time
                                                                              12
       only
   title     and advised the Commission of its responsibility to conduct a transmittal
   public hearing of an ordinance which if adopted would change land use on ap
   proximately 23 acres located north of S 44 west of Jungle Road and Otter
                                             R
   Boulevard    from County Urban Medium Intensity and Commercial land use des

   ignations to City Recreation land use designation         Planning Manager Gail
   Henrikson outlined the proposed ordinance and was present to answer any ques
   tions citizens had regarding the proposed action


   Mayor Barringer opened the public hearing As no citizens wished                     to   speak   re

   garding the matter Mayor Barringer closed the public hearing

   Motion
   Commissioner            moved to transmit Ordinance No 87 for governmental
                      Grasty                                  12

   review   as   submitted Vice Mayor Reiker seconded the motion and the roll call
   was

                          Mayor Barringer                         yes
                          Commissioner Plaskett                   yes
                          Vice    Mayor     Reiker                yes
                          Commissioner           Grasty           yes


   The motion carried     unanimously
                                                         xxx



   Ordinance No 87Food Vendors
                Mobile12                                        City Attorney Gummey        read Ordi

                 87 the
                  12                                            and advised the Commission that it
   nance    No                 first time   by   title   only
   would conduct the first of tworequired public hearings of an ordinance which if
   adopted   would amend the Land Development Regulations by creating a defini
   tion and regulations for Mobile Food Vendor by allowing mobile food vendors
   as a conditional use in the Commercial or Industrial zoning districts Planning
   Manager Gail Henrikson outlined the proposed ordinance    and the recommenda
                                            and    Zoning       that the Commission   deny   the ordi
   tions of staff and the      Planning
   nance




   Mayor Barringer opened         the   public hearing




                                        16   2012                                     Page   6 of 18
   Regular Meeting      October
Page 11 of 303
Regular Meeting - November 13, 2012


    Rakowski represented the firm Land Planning Consulting Development
   Mark

   L 8th Avenue and the applicants urged the City Commission to adopt the
   CL
   proposed      ordinance      Mr Rakowski outlined the        proposed application long and
   arduous      application   process and recent        history of the request Mr Rakowski
   supported     the   operation of mobile food vendor businesses

   Commissioner Plaskett commented on language within the proposed ordinance
   and parking concerns Mr Rakowski clarified the applicants had no plans to park
   a   truck in front of another restaurant


   Bob    Coleman       105 Rio Del    Mar    was concerned with rules and           regulations     re


   garding     time limitation and   liquor   sales


   As    no   other citizens wished to comment          Mayor Barringer   closed the      public   hear

   ing

   Commissioner Plaskett commented on existing catering businesses within the
   area and the recommendations received to deny the proposed ordinance She
   could not support the proposed ordinance  Mayor Barringer could not support
                       ordinance and commented              possible alternatives   to examine
   the   proposed                                      on



   Motion
   Commissioner Plaskett moved to deny Ordinance No 87 as recommended
                                                           12
   by the Planning and Zoning Board and staff Commissioner Grasty seconded the
   motion and the roll call      was



                              Commissioner Plaskett            yes
                              Vice Mayor Reiker                yes
                              Commissioner  Grasty             yes
                              Mayor Barringer                  yes


                                                    Ordinance No 87 was denied
   The motion carried         unanimously and                     12


                                                      xxx



   Ordinance No 88 Future Land Use Designation City Attorney
                Marina    12
   Gummey read Ordinance No 88 the first time by title only and advised the
                             12
   Commission that it would conduct             a   transmittal   public hearing    of   an   ordinance
   which if adopted would revise the Marina Future Land Use Designation                            Plan

                 Gail Henrikson outlined the proposed ordinance
   ning Manager

   Commissioner Plaskett had many     questions and concerns regarding the pro
   posed ordinance which included what impacts the proposed ordinance
                                                                            would

   have on other area marinas The     fact that if adopted the proposed ordinance

   would change all marina site zoning City questioned whether the Commis
                                       wide
   sion would implement the North Causeway study


                                                                                         Page   7 of 18
   Regular Meeting         October      16 2012
Page 12 of 303
Regular Meeting - November 13, 2012


  t
  fe language       regarding the Planned    Development PUD zoning should
                                                     Unit
  have the word agreement added Commissioner Plaskett had other questions
  which included topics as landscaping and public access


  Commissioner       Grasty    clarified that the    proposed    ordinance would have          no   affect

  on access to the Boat and Sky Club and boat ramps and commented on the

  Manatee Protection Plan      Vice Mayor Reiker felt the North Causeway was a

  good topic for discussion at upcoming visioning sessions by the Commission and
  CRA and commented on marina priorities Ms Henrikson clarified that the North
  Causeway Marine property was part of the                  Marina   zoning   district and commented
  on layers of review for future development



   Mayor Barringer opened          the   public hearing

  Attorney     Glenn    Storch represented      the    applicant      felt the   proposed project    was


   special    and should be utilized as a model for future north causeway                      develop
   ment       He commented on future P agreement negotiations and
                                            U     D                                            planned
   public    access on   the site


  As   no   other citizens wished to      speak Mayor Barringer          closed the   public hearing

   Motion
   Vice    Mayor                                      88 as recommended
                   Reiker moved to transmit Ordinance No  12
   Commissioner Plaskett suggested the motion be amended to change Planned
   Unit Development PUD to read Planned Unit Development PUD Agree
   ment and to add language regarding goals objectives and policies Vice Mayor
                                                                Commissioner Plaskett seconded
   Reiker    accepted    the   suggested     amendment
   the motion and the roll call      was



                            Vice    Mayor   Reiker              yes
                            Commissioner  Grasty                yes
                            Mayor Barringer                     yes
                            Commissioner Plaskett               yes


   The motion carried      unanimously
                                                     xxx



   Ordinance       No 90 Creek Properties Larvae Scale Future Land Use
                      Otter      12
   Amendment       City Attorney Gummey read Ordinance No 90 the first time by
                                                           12
   titleonly and advised the Commission that it would conduct a transmittal public
   hearing of an ordinance which if adopted would change land use on approxi
   mately 26 acres located south of Pioneer Trail west of Otter Boulevard
           2                                                                  and

   north of S 44 from County Urban Low Intensity and Urban Medium Intensity
               R
   to City Medium Density Residential land use designation Planning Manager Gail
   Henrikson outlined the proposed ordinance




   Regular Meeting        October         16 2012                                       Page   8 of 18
Page 13 of 303
Regular Meeting - November 13, 2012


   Mayor Barringer opened the public hearing                     As    no   citizens wished to    speak
   Mayor Barringer closed the public hearing

   Motion
   Commissioner Plaskett moved to transmit Ordinance No                       90 as recommended
                                                                               12
   Commissioner     Grasty   seconded the motion and the roll call              was



                            Commissioner  Grasty                 yes
                            Mayor Barringer                      yes
                            Commissioner Plaskett                yes
                           Vice    Mayor    Reiker               yes


   The motion carried      unanimously
                                                     xxx



   Ordinance      No    93 Colonv Park
                        Holland12                                Large      Scale   Future    Land    Use

   Amendment       City Attorney Gummey          read Ordinance No              12
                                                                               93 the        first time   by
   title only and advised the Commission that it would conduct a transmittal public

   hearing   of an ordinance which if adopted would change land use on approxi
                           located south of Pioneer          Trail east of Otter Boulevard and
   mately 28
           7       acres

   west of Old Minorcan        Trail   County
                                       from                Environmental Systems Corridor and
   Urban Low      Intensity  land  designations to City Conservation and Recreation
                                    use

   land   use   designations Planning Manager Gail Henrikson outlined the proposed
   ordinance


   Mayor Barringer opened the public hearing                     As    no   citizens wished to     speak
   Mayor Barringer closed the public hearing

   Motion
   Commissioner       Grasty movedto transmit Ordinance No 93 as recommended
                                                                 12
                         seconded the motion and the roll call was
   Vice   Mayor   Reiker


                            Mayor Barringer                      yes
                            Commissioner Plaskett                yes
                                            Reiker
                            Vice    Mayor                        yes
                            Commissioner       Grasty            yes


   The motion carried      unanimously
                                                     xxx



   Ordinance No 94 Park Acquisition
                      12
                Holland                                          City Attorney Gummey read                Or
                                                                                the Commission that it
   dinance No       12
                   94 the      first time   by title only and advised
                                                                                of the proposed ordi
   would conduct the first of two           required public hearings
   nance    and the    public hearing     would be    one   of   judicial
                                                                 aquasi             nature




                           October      16 2012                                         Page    9 of 18
   Regular Meeting
Page 14 of 303
Regular Meeting - November 13, 2012


   City Attorney Gummey administered the oath to Planning Manager Gail
   Henrikson At the Mayor request Ms Henrikson outlined her professional and
                     s
   academic credentials As no citizens questioned Ms Henrikson qualifications
                                                       s
   she was considered an expert witness and she outlined the proposed ordinance
   which if adopted would rezone approximately 28 acres of annexed property
                                                7
   located south of Pioneer        Trail   east of Otter Boulevard and west of Old Minorcan

   Trail   from   County   Resource Corridor and Urban       Single Family Residential to City
   Conservation      C     and Recreation      R zoning    districts     Planning Manager        Gail
   Henrikson outlined the      proposed      ordinance


   Mayor Barringer opened the public hearing               As    no   citizens wished to      speak
   Mayor Barringer closed the public hearing

   Motion
   Commissioner Plaskett moved to approve Ordinance No 94 on first reading
                                                           12
   and first public hearing as recommended Vice Mayor Reiker seconded the mo
   tion and the roll call   was



                            Commissioner Plaskett          yes
                            Vice   Mayor    Reiker         yes
                            Commissioner  Grasty           yes
                            Mayor Barringer                yes

   The motion carried      unanimously Mayor Barringer announced the second and
   final of two    required public hearings would be conducted at a meeting yet to be
   determined
                                                     xxx



                Otter Boulevard Larpe Scale Future Land Use Amendment
   Ordinance No 95  12

     City Attorney Gummey           read Ordinance No       95 the
                                                             12                   by title only
                                                                             first time
   and advised the Commission that it would conduct a             transmittal public hearing of
   an ordinance which if adopted would change land                     use    on   approximately   12
   acres    located south of Pioneer        Trail east of Otter Boulevard and north of S  R

   44 from Low      Density    Residential   designation to Recreation land use designation

   Planning Manager        Gail Henrikson outlined the     proposed ordinance

   Mayor Barringer opened the public hearing                As   no    citizens wished to     speak
   Mayor Barringer closed the public hearing

   Motion
   Commissioner       Grasty   moved to transmit Ordinance No            12
                                                                        94 as recommended
                   Reiker seconded the motion and the roll call was
   Vice    Mayor
                            Vice   Mayor    Reiker         yes
                            Commissioner  Grasty           yes
                            Mayor Barringer                yes
                            Commissioner Plaskett          yes


   Regular Meeting         October     16    2012                                     Page   10 of 18
Page 15 of 303
Regular Meeting - November 13, 2012


   The motion carried       unanimously
                                                     xxx



   Ordinance No    96 Boulevard City Attorney Gummey read
                   Otter
                   Rezoning              12
   Ordinance No   96  12  the first time by title only and advised the Commission that
   it would conduct a transmittal public hearing of an ordinance which if adopted
   would rezone approximately 12 acres of annexed property located south of Pio
   neer Trail east of Otter Boulevard and north of S 44 from Single Family Resi
                                                         R
   dential to Recreation      R zoning       district   Planning Manager Gail       Henrikson out

   lined the   proposed     ordinance


   Mayor Barringer opened the public hearing                 As    no   citizens wished to   speak
   Mayor Barringer closed the public hearing

   Motion
   Commissioner Plaskett moved to approve Ordinance No 96 on first reading
                                                           12
   and first public hearing as recommended Vice Mayor Reiker seconded the mo
   tion and the roll call   was



                             Commissioner  Grasty            yes
                             Mayor Barringer                 yes
                             Commissioner Plaskett           yes
                                            Reiker
                             Vice   Mayor                    yes


                                                                    announced the second and
   The motion carried        unanimously         Mayor Barringer
   final of two   required public hearings        would be conducted at       a   meeting yet   to be
   determined
                                                     xxx



   Special Exception Application            No   SE Coast
                                                 4
                                                 Sun
                                                 12                      Roofing
                                                                         843            North Dixie

   Freewa      Planning Manager Gail Henrikson outlined Special Exception Applica
   tion No     SE which if approved would allow outdoor storage of materials
               04    12
   and vehicles within       an existing commercial facility zoned Highway Service              Busi
   ness   District   3
                     B for    property at 43 North Dixie Freeway

   Mayor Barringer opened           the   public hearing     As    no   citizens wished to   speak
   Mayor Barringer     closed the     public hearing

   Motion
   Vice       Reiker moved to approve Special Exception Application No SE
          Mayor                                                        04     12
   as   recommended Commissioner Grasty seconded the motion and the roll call
   was

                             Mayor Barringer                 yes
                             Commissioner Plaskett           no
                             Vice   Mayor   Reiker           yes
                             Commissioner        Grasty      yes



   Regular Meeting        October         16 2012                                    Page   11 of 18

Page 16 of 303
Regular Meeting - November 13, 2012


   The motion carried           by   3 1    majority    vote with Commissioner Plaskett          voting   no



                                                           xxx

   PUBLIC PARTICIPATION


   Pastor Pete       Carter Jr represented the Glencoe Geiger Cemetery commented
   on     the   proposed pedestrian trail planned to go through the existing cemetery
   grounds             Pastor   Carter commented             on   how four   existing graves      had     been
   encroached upon and he                 hoped   the   proposed    trail would


                Control   public   access

                                                 or
                Avoid disturbance of grave sites and burial services
                Avoid disturbance of the          existing   historic status of the   cemetery

   Pastor Carter          was   concerned and       questioned why the cemetery was not advised
   of theproposed project sooner                    City Manager Brangaccio clarified that numer
   ous public meetings were held                          s
                                                   and Mr Carter           name   would be added to the
   Future Meetings listing
                                                           xxx

   ORDINANCES FIRST READING



         R
   1830 S 44       City Attorney Gummey read Ordinance Nos 81 82 and 83       12
   the first time by title only Ordinances which adopted would annex approximate

   ly 0 acres located north of Vic Way and west of Mission Road changing
      05                             s
   land use on annexed property located north of Vic Way and west of Mission
                                                    s

   Road from County Commercial land use designation to City Commercial land
   use designation and rezoning annexed property located north of Vic Way and
                                                                    s
   west of Mission Road from County Heavy Commercial Thoroughfare Overlay

   Zone to Ciry Highway Service Business District Corridor Overlay Zone B
   C
   3

   Motion
   Commissioner           Grasty                                               12
                                 moved to approve Ordinance Nos 81 82 and 83 on first

   reading        as    submitted Commissioner  Plaskett seconded the motion and the roll
   call   was

                                   Commissioner Plaskett             yes
                                   Vice   Mayor   Reiker             yes
                                   Commissioner  Grasty              yes
                                   Mayor Barringer                   yes


   The motion          unanimously Mayor Barringer announced
                        carried                                                           that the second

   reading and public hearings of the proposed ordinances would                          be conducted at

   the regular meeting on October 30 2012


                                                           xxx




   Regular Meeting              October      16 2012                                       Page    12 of 18
Page 17 of 303
Regular Meeting - November 13, 2012


   Ordinance Nos 84 and 86 Application No A
                     12 12lAnnexation                   09lTurnbull
                                                        01
                                                               12
   Colonv Park City Attorney Gummey read Ordinance Nos 84 and 83 the
                                                        12
   first time   by  only Ordinances which adopted would annex approximately
                      title
   23 acres located north of S 44 west of Jungle Road and Otter Boulevard
                                R
   and rezoning   annexed property located north of S 44 west of Jungle Road
                                                     R
   and Otter Boulevard County Shopping Center Shopping Center Thorough
              from
   fare Overlay Zone and Urban Single Family Residential to City Recreation Cor
   ridor Overlay Zone R zoning district
                          C

   Motion
   Vice   Mayor                                                              12
                      Reiker moved to approve Ordinance Nos 84 and 86 on first
                                                                 12

   reading      as   submitted Commissioner Grasty seconded the motion and the roll call
   was
                               Vice   Mayor   Reiker         yes
                               Commissioner  Grasty          yes
                               Mayor Barringer               yes
                               Commissioner Plaskett         yes

   The motion carried   unanimously Mayor Barringer announced            that the second

   reading      public hearings of the proposed ordinances would
              and                                                        be conducted at
   the regular meeting on October 30 2012


                                                       xxx



   Ordinance Nos 89 and 91      Application No A Creek
                  12 Annexation 12             12  11
                                               Otter
   Properties    City Attomey Gummey read Ordinance Nos 89 and 91 the
                                                                12        12
   first time   by title only Ordinances which adopted would annex approximately
   26 acres located south of Pioneer Trail west of Otter Boulevard and north of
   2
   S 44 and rezoning annexed property located south of Pioneer Trail west of
    R
   Otter Boulevard and north of S 44 County Single Family Residential and
                                 R from
   Urban Single Family Residential to City Multi Family Residential R4 zoning
   district

   Motion
   Commissioner          Grasty   moved to approve Ordinance Nos 89 and 91 on first
                                                                     12        12

   reading      as   submitted     Vice Mayor Reiker seconded the motion and the roll call
   was

                               Commissioner  Grasty          yes
                               Mayor Barringer               yes
                               Commissioner Plaskett         yes
                               Vice   Mayor   Reiker         yes


   The motion carried  unanimously Mayor Barringer announced             that the second

   reading and public hearings of the proposed ordinances would          be conducted at
   the regular meeting on October 30 2012

                                                       xxx



   Regular Meeting            October    18    2012                       Page   13 of 18
Page 18 of 303
Regular Meeting - November 13, 2012


   Ordinance No 92 Application No A Park Acguisi
                         12 05
                Annexation              12
                                  Holland
   tion   City Attorney Gummey read Ordinance No 92 the first time by title on
                                                      12
   ly      ordinance
          An          which adopted would annex approximately 28 acres located
                                                              7
   south of Pioneer Trail east of Otter Boulevard and west of Old Minorcan Trail


   Motion
   Commissioner Plaskett moved to approve Ordinance No 92 on first reading
                                                           12                                 as

   submitted Commissioner Grasty seconded the motion and the roll call was


                               Mayor Barringer               yes
                               Commissioner Plaskett         yes
                               Vice   Mayor   Reiker         yes
                               Commissioner       Grasty     yes


   The motion          unanimously Mayor Barringer announced
                     carried                                                  that the second

   reading and public hearings of the proposed ordinances would               be conducted at
   the regular meeting on October 30 2012


                                                       xxx



   Ordinance No 97 Retirement System City Attorney Gummey
                 s         12
                 Firefighter
   read Ordinance No 97 the first time by title only
                        12                           An ordinance which

   adopted     would amend the City Firefighter Retirement System by adding the
                                    s
   definition of Average Final Base Compensation and Base Compensation and

   amending the definition of Salary and other amendments of an administrative
   nature to the     system

   Motion
   Commissioner           moved to approve Ordinance No 97 on first reading
                       Grasty                                   12                            as

   submitted     Commissioner Plaskett seconded the motion and the roll call was




                               Commissioner Plaskett         yes
                               Vice Mayor Reiker             yes
                               Commissioner Grasty           yes
                               Mayor Barringer               yes


   The motion carried          unanimously        Mayor Barringer announced   that the second

   reading                               of the   proposed ordinances would   be conducted at
               and public hearings
   the    regular meeting on October 30 2012

                 called a break at 8 p
   Mayor Barringer                 10 m                      The   City Commission meeting   re

               8m
   convened at 20 p
                                                       xxx




   Regular Meeting         October       16    2012                             Page   14 of 18

Page 19 of 303
Regular Meeting - November 13, 2012


                  NEW
   ADMINISTRATIVE ITEMS BUSINESS


   CRA Oggortunity Site Grant Application Flagler Avenue
                              309                                                   CRA Director    Tony
   Otte outlined staffs recommendation that the                  City   Commission consider      approval
   of    opportunity site grant application for property at 309 Flagler Avenue as
        an

   submitted by Tamara Messina owner The amount requested was 173      10       559
   for new construction of a building for future development as a Bed and Breakfast
   business


   Commissioner Plaskett            questioned        the   planned utilization of the funds      and the
                                                                                                  clarified
   time   period     for the   proposed     use   of the    property City Attorney Gummey
   restrictions      as   outlined in the   grant agreement regarding         the   obligation   to contin
                                         bed and breakfast
   ue   using   the   property    as a




   Tammy Messina the applicant from                       309   Flagler Avenue   gave    a   presentation
   that outlined the proposed project


   Vice  Mayor Reiker referenced recent correspondence from Cherie Coccia which
   questioned whether Vice Mayor Reiker should vote due to Vice Mayor Reiker
   serving as Notary for the applicant City Attorney Gummey felt no conflict was of
   interest was apparent and clarified Vice Mayor Reiker could vote


   Vice      Mayor     Reiker commented   past joint meetings regarding opportunity
                                                    on

   sites and clarified that any property should be considered an opportunity site and
   50 percent of development costs did not necessarily need to be paid She com
   mented       on   future       applications for very large projects that would
                               opportunity   site
   need to be considered             application was for too small a project to ex
                                     She felt the

   pend 1 of remaining funds appropriated for opportunity site grants
         3


   Commissioner           Grasty supported          the   proposed project Mayor Barringer com
   mented       on    past grant awards to similar            projects and was concerned with the
                                                                   000
                                                   award of up to 50                     Commissioner
   amount of the          request   He    supported       an

   Plaskett     questioned      the amount needed by the applicant


   Motion
   Commissioner            Grasty     to approve an opportunity site grant award of
                                    moved

   173 for property at 309 Flagler Avenue in order to allow for new con
   10        559
   struction of a building for future development as a Bed and Breakfast business


   The motion died due to           a   lack of   a second


   Motion
   Vice                                                                     000
                 Reiker moved to approve an opportunity site grant award of 75
             Mayor
   for property at 309 Flagler Avenue in   order to allow for new construction of a

   building for future development as a Bed and Breakfast business Commissioner
   Grasty     seconded the motion and the roll call              was




   Regular Meeting             October       16 2012                                     Page    15 of 18

Page 20 of 303
Regular Meeting - November 13, 2012


                             Vice   Mayor    Reiker             yes
                             Commissioner  Grasty               yes
                             Mayor Barringer                    yes
                             Commissioner Plaskett              no



   The motion carried       by majority vote      3 to 1 with Commissioner Plaskett         voting   no



                                                      xxx



   Gateway Features S Street Assistant
           U and Canal
                    1                                                          City Manager       Khalid
   Resheidat outlined staffs recommendation that the                    City   Commission consider

   approval   of   designs   for intersection      hardscape     mast   arm    footing   and mast    arm

   decorative   concepts

   City Manager Brangaccio confirmed the proposed project was not funded Mayor
   Barringer questioned whether any improvements would be made Mr Resheidat
   commented on a planned and funded project to provide parking on the old Dunn
   Lumber property Commissioner Plaskett felt the City be consistent with all sign
   age

   After   discussion Mayor Barringer            confirmed the       consensus   of the Commission
   was   to direct staff to    move   forward with the         project designs as recommended
   and stressed that staff remains consistent with other                 designs approved in the
   past
                                                      xxx



   License Agreement Beach Aoua Safari Inc Assistant City Manager
           Daytona
   Khalid Resheidat outlined staffs recommendation that the City Commission con
   sider   approval   of   entering   into   a   license    agreement   with   Daytona    Beach    Aqua
   Safari   Inc to   operate a   water taxi in New         Smyrna    Beach


   Motion
   Commissioner         moved to approve entering into a license
                      Grasty                                                         agreement       with

   Daytona Beach Aqua Safari Inc to operate a water taxi in New                      Smyrna      Beach
   Vice Mayor Reiker seconded the motion and the roll call was


                             Commissioner        Grasty         yes
                             Mayor Barringer                    yes
                             Commissioner Plaskett              yes
                             Vice   Mayor    Reiker             yes


   The motion carried       unanimously
                                                      xxx




   Regular Meeting October 16 2012                                                       Page   16 of 18
Page 21 of 303
Regular Meeting - November 13, 2012


   BOARDS AND COMMISSIONS


   Housing Authority         Mayor Barringer          outlined staffs recommendation that the

   City   Commission     accept     the   mayoral appointment of William        Maul   as a    member
   of the   Housing Authority       to   a term expiring August 31 2013



   Motion
   Vice    Mayor    Reiker moved to       accept   the    mayoral appointment of William Maul as
                                                         a term expiring August 31 2013    Com
   a   member of the      Housing Authority        to
   missioner   Grasty    seconded the motion and the roll call          was




                             Mayor Barringer                   yes
                             Commissioner Plaskett             yes
                             Vice   Mayor    Reiker            yes
                             Commissioner       Grasty         yes


   The motion carried        unanimously
                                                      xxx



   Police Pension Board    Mayor Barringer outlined staffs recommendation that the
   City   Commission   accept the reappointment of Mark Severance to a two
                                                                         year
   term to   expire October 1 2014 as selected by the Police Department

   Motion
   Commissioner        Grasty   moved toaccept the reappointment of             Mark Severance to
   a   year
       two term         to expire October 1 2014 as selected by the             Police   Department
   Vice    Mayor    Reiker seconded the motion and the roll call          was



                             Commissioner Plaskett             yes
                             Vice   Mayor    Reiker            yes
                             Commissioner   Grasty             yes
                              Mayor Barringer                  yes


   The motion carried        unanimously
                                                      xxx



   CITY MANAGER REPORT The
        S                                           City    Commission    acknowledged receipt         of
   the         s
          City Manager Report

   Commissioner Plaskett commented                 on concerns               marketing strate
                                                                     with current

   gies regarding the Riverfront Loop                 City Manager Brangaccio clarified budget
   cuts experienced for marketing


   Vice     Mayor   Reiker reported the City Manager had never received                  a    salary   in

   crease and       proposed a two percent increase be awarded



                          October         16   2012                                 Page      17 of 18
   Regular Meeting
Page 22 of 303
Regular Meeting - November 13, 2012


   Motion
   Vice   Mayor   Reiker moved to award the           City Manager    a two   percent salary   in

   crease effective October          1   2012 Commissioner Plaskett seconded the motion
   and the roll call was


                           ViceMayor Reiker                yes
                           Commissioner  Grasty            yes
                           Mayor Barringer                 yes
                           Commissioner Plaskett           yes


   The motion carried     unanimously
                                                   xxx



   CITY CLERK REPORT Commissioner
        S                                                 Plaskett    requested the League of
   Women Voters be invited to          give a presentation to    outline proposed constitutional
   amendments to be       on   the   general election ballot on   November    6   2012


                                                   xxx



        S
   CITY ATTORNEY REPORT                     No   report

                                                   xxx



   With   no   further   business to      address Mayor Barringer declared          the   meeting
                02
   adjourned at 9        m
                         p




                                                                                          18 of 18
   Regular Meeting October 16               2012                                  Page
Page 23 of 303
Regular Meeting - November 13, 2012




   Having   been   duly   advertised   as required by law the regular meeting of the City
   Commission of the        City   of New  Smyrna Beach Florida was held on Tuesday
   October   30 2012 in the         City Hall Commission Chamber 210 Sams Avenue
   New    Smyrna Beach Florida

   Mayor Barringer        called the   meeting     to order      at 6 p and
                                                                    30 m                 the   following
   answered   present     to the roll call


                                       Mayor Adam Barringer
                                    Vice Mayor Judith A Reiker
                                   Commissioner Jack S Grasty
                               Commissioner James W              Hathaway
                                   Commissioner        Lynne     Plaskett


   Also  present were City Manager Pamela Brangaccio Assistant City Manager
   Khalid Resheidat City Attorney Frank Gummey Police Chief Ron Pagano Fire
   and Emergency Services Chief David McCallister Planning      Manager Gail
   Henrikson   CRA Director Tony Otte Recreation and Special Events Supervisor
   Elizabeth Yancey and City Clerk Johnny Bledsoe


                                                   xxx


   Police   Department Chaplain        Pete    Carter Jr        was   present  and gave the invoca
                                                       in the   Pledge   of Allegiance to the Flag
   tion   Mayor Barringer     led those      present
                                                   xxx



   APPROVAL OF THE AGENDA                    City Manager Brangaccio reported the               addition
   of Administrative      Items Business
                          New                           Item    B     Discussion of    an   initiative to

   streamline the   permitting     process
                                                   xxx



   ANNOUNCEMENTS
   RECOGNITION
   PRESENTATIONS

   Atlantic Center for the Arts      Community           Education and Outreach         Manager     Ren
                                                                                       brief
   Morrison accompanied by Community                   Artist   Tory Tepp gave    a            presenta
                                                                        planned       activities for the
   tion of the Atlantic Center for the Arts            programs and
   upcoming    year
                                                   xxx




Page 24 of 303
Regular Meeting - November 13, 2012


   New   Smvrna Beach Citizens for Smart Growth        Mayor Barringer added a
   presentation to the agenda and introduced Sally Gillespie and Martin Danaher
   who represented a citizen group named New Smyrna Beach Citizens for Smart

                                                           s
   Growth Ms Gillespie and Mr Danaher outlined the group values principles

                                                      s
   and desire to work with the City in planning the Ciry future development Ms

   Gillespie commented on the tradition of citizen involvement in development for
   the community and hoped that elected and appointed officials would be sensitive
   to the uniqueness of the community She commented on the need for safety and
   well being regardless of the economic status of citizens and highlighted that the

   group would work for the integrity of the neighborhoods


   Mr Danaher outlined the    group opposition to a proposed apartment complex
                              s
   planned  for the North Causeway He highlighted perceptions in the community

   regarding the proposed project which included statements such as it was a
   done deal and nothing could be done the City was afraid of litigation and City
   staff supported the proposed project    Mr Danaher presented a petition to the

   City Commission from residents business and property owners that objected to
   the proposed Causeway Landings Project Convenience Store and Apart
   ments    on the 100 block of the North Causeway Mr Danaher invited the City to

   challenge any information presented
                                                 xxx


   MAYOR AND COMMISSION REPORTS


   Vice Mavor ReikerReported on her recent attendance at a community drug fo
   rum and how the subject matter affected her She supported taking whatever
   steps were necessary to rid the City of illegal drugs

                                                 xxx


   Commissioner Grastv Commented             on    the   recently   concluded   special meeting
   to honor World War II Veterans of New           Smyrna Beach      He commented         on   the

   upcoming holiday season and questioned              whether there would be any        holiday
   food drives City Manager Brangaccio clarified            food drives would be conducted
   and commented      on   similar events from   past years

                                                 xxx


   Commissioner Hathaway Thanked those who attended the recent meeting re

   garding the Turnbull Bridge He commented on the recently completed land
   scaping   work in the vicinity of I and S 44 and hoped an understanding
                                     95            R
   could be reached   regarding  future construction planned for the area and impacts
   to existing landscaping City Manager Brangaccio advised that at a recent meet

   ing plant for a plant replacement was requested to mitigate future impacts from
   the construction




   Regular Meeting     October      30   2012                                    Page   2 of 19
Page 25 of 303
Regular Meeting - November 13, 2012


   As it was his final       regular meeting    as a   City Commissioner     Commissioner Hath

   away stated that it had been a privilege and honor to serve the citizens of New
   Smyrna Beach and that New Smyrna Beach would always be his home

                                                      xxx


   Commissioner Plaskett Stated that she      respected Commissioner Hathaway for
   his work and dedication for the citizens of New Smyrna Beach She was certain
   Commissioner Hathaway would be successful in his ongoing campaign and be
   elected to serve as County Councilman on the Volusia County Council and he
   deserved to win


   Commissioner Plaskett  reported that at the Volusia County Transportation Plan
   ning Organization meeting held earlier in the day the 10th Street construction
   project was approved and funded to begin work in March 2013

   Commissioner Plaskett commented     her attendance at an appreciation dinner
                                                 on

   held for her at the Alonzo Babe James Center on October 22 2012 She felt
   she was always more comfortable with assisting citizens from the Historic West
   Side    Community        and thanked all    responsible   for the event


   As it   was   her last   regular meeting     Commissioner Plaskett stated that it had been

   an honor to serve the citizens of New           Smyrna    Beach and thanked the citizens for
   their   support
                                                      xxx



   Manor Barringer Thanked the members of the group New Smyrna Beach Citi
   zens    for Smart   Growth           presentation and felt the
                                     for its                             North   Causeway Study
   should be reviewed             Mayor Barringer acknowledged           and welcomed      current

   County    Council Member Joie Alexander


   Mayor Barringer acknowledged City Clerk Johnny Bledsoe for his efforts coordi
   nating the special meeting held prior to the current meeting that recognized
   World War II Veterans


   Mayor Barringer          called both Commissioners        Hathaway                podi
                                                                        and Plaskett to the
   um   and commented           on                               regular
                                     their attendance at their final     meeting Mayor
                                      the valued service each had given to the citizens of
   Barringer commented on
   New Smyrna Beach and               presented each with plaques acknowledging their re
   spected    service
                                                      xxx




                                                                                   Page   3 of 19
   Regular Meeting           October      30   2012
Page 26 of 303
Regular Meeting - November 13, 2012


   CONSENT AGENDA

   Mayor Barringer      read the   following   consent   agenda      items submitted and            recom

   mended    by   staff for   approval

         A             Agreement with Volusia County for Services Ap
              Interlocal                                Municipal
              prove entering into an Interlocal Agreement with Volusia County for the
              maintenance and operation of traffic control devices and auxiliary
                                                             000
              equipment in the City for the budgeted cost of 21

         B    Interlocal Agreement          with Volusia    Otter
                                                            County                  Boulevard      Right   of
              Wav Transfer          Approve entering       into    an    Interlocal     Agreement        with
              Volusia    County    for the transfer of a   portion      of the Otter Boulevard       right
              way
              of         to be included as     part   of the future      Colony       Park Road     Expan
              sion   Project

         C Annual             Renewal
                              Cooperative                  Economic            DevelopmentAgree
                                                                   into the annual renewal of the
              Team
              ment Volusia             Approve entering
              Cooperative        Economic Development Agreement with                    the Team Volu
              sia Economic        Development Corporation at the budget                         000
                                                                                        cost of 25


         D Agreement with the               Florida   Inland      Navigation         Phase
                                                                                     District II

           Swoope Site Proiect             Approve entering             into   an   agreement      with the
              Florida Inland      Navigation   District for Phase II of the            Swoope     Site Wa

              terways Assistance       Program Project

         E                                                            331
              Agreement to Utilize a Portion of Property as a Pocket Park Canal
              Street Approve entering    into an agreement with the property owner
              of 331 Canal Street in order to utilize a portion of the property as a

              pocket park

         F                             Canal
              Right of Wav Utilization Permit Street Arterial Dynamic Message
              Sign Approve granting aright utilization permit to the Florida
                                       way
                                       of
              Department   of Transportation for the utilization of a 10                 x   8   area   of the

              corner of Canal Street and Citron Street within the City                    way
                                                                                          right for
                                                                                          of
              its Canal Street Arterial Dynamic Message Sign


         G Change Order Nos      1 and 2 44 Gateways Construction Engineer
                                       S    R

              ing Services Approve two change orders to the contract with Tetra
              Tech Inc for construction oversight service changing the total con
              tract costs from              000
                                     0 to 140 in order to
                                   11200                                            close out the   project

                                                     Continuing
         H Ranking of Respondents to the Request for Qualifications
           Professional Surveying Providers Approve the ranking of respond
                               request for qualifications for continuing professional
              ents to the recent
              surveying providers The three providers selected were Daniel W
              Cory Surveyor LLC Bowyer and CPH
                                 Singleton

   Regular Meeting       October         30 2012                                          Page 4 of 19
Page 27 of 303
Regular Meeting - November 13, 2012


             Contract Extension Services
                      Demolition                                        Approve       a   two
                                                                                          year         exten
             sion to the      existing   contract with DBI Demolition for services in demoli
             tion of structures


         J   CRA Contract Extension M Gray
                          Donna       Banks                                   Approve the exten
                       existing
             sion of the                 contract with Donna M           Gray for services as
                                                                         Banks
             Community Resource Coordinator                  at   a           363
                                                                              20
                                                                      cost of 55 funded by
             the CRA and the general fund


         K                 Authorization
                                       12
             Resolution No 24 for the Citv Manager to submit                                               an

             ECHO Grant Application to Volusia                 County           Adopt     a   resolution   au

             thorizing   the    City Manager          to submit   an    ECHO Grant            Application to
             Volusia for       50 funding of          the   proposed      Otter Lake          Improvements
             Project     and to approve the allocation of the              s
                                                                           City 50 match                not to
             exceed       000
                        350

         L   Letter of Interest Coalition Assessment Grant
                       Brownfields                                                                 Approve
             the submission of a letter of interest for               participation     in the     application
             process for       a   Brownfields Coalition Assessment Grant with the Cities
             of   Edgewater and Oak Hill and grant authorization to the City Manager
             to   sign an interlocal agreement for the purpose of applying for the coa
             lition   grant

                                                   Advertising
         M Revision to CRA Grants and Aids Program Requirements
           Costs Approve an amendment to the CRA Grants and Aids Program
             that requires any costs that does not pay directly for advertising be
             detailed in the application so that the CRA may have a better under

             standing as to the costs and benefit of the promotional program being
             proposed

         N   Upcoming Special            Events    Approve the following special                   events as
             recommended           by   the   Special Events Committee
             1    Reouest for Beer            Flagler
                                              Gardens Avenue Food Truck                            Bazaars

                  Approve                             gardens during the
                               the establishment of beer                                           conduct of
                  Food Truck Bazaars to be held               on      Flagler   Avenue        on   Thursday
                  November         15 and Thursday February 21 2013 as spon
                                         2012
                  sored by the City Recreation Events Department            The
                                     Special
                  events were previously approved at the City Commission regular

                  meeting on August 28 2012
             2    Paddle Out Poverty       Approve the conduct of the event Paddle
                  Out Poverty to be conducted Saturday November 10 2012 as
                  hosted by Entrust Enterprise Development Inc Further approve
                  the utilization of City property at 160 North Causeway the Old AOB

                  Site for parking during the event



   Regular Meeting      October          30    2012                                           Page   5 of 19
Page 28 of 303
Regular Meeting - November 13, 2012


               3   2012 Annual Christmas Parade   Approve the conduct of the An
                   nual Christmas Parade from 2 to 6 p on Saturday December 1
                                                     m
                   2012   as  hosted by the City Recreation and Special Events

                   Department Further approve street closures as necessary to safe
                   ty   conduct the event on the route identified

   Commissioner               requested items E and H be removed for separate
                        Plaskett
   consideration                                                  1
                                   Hathaway requested items K and N be removed
                        Commissioner
   for   separate consideration Mayor Barringer confirmed the removal of items E
   H     K and N for
               1         separate consideration

   Motion
   Commissioner Plaskett moved to approve all consent agenda items less items
   E H K and N per staff recommendation Vice Mayor Reiker seconded the
              1       s
   motion and the roll call was


                            Vice   Mayor   Reiker        yes
                            Commissioner  Grasry  yes
                            Mayor Barringer       yes
                            Commissioner Hathaway yes
                            Commissioner Plaskett        yes


   The motion carried      unanimously

   Consent Aoenda Item E to Utilize
                       Aareement                        a   Portion of Prooertv as a Pocket
   331
   Park        Canal      Street   Planning Manager         Gail Henrikson outlined staffs
   recommendation that the          City Commission approve entering        into   an agreement
   with the   property    owner    of 331 Canal Street in order to utilize    a    portion of the
   property   as a   pocket park      Commissioner Plaskett commented          on    the need to

   ensure   all
            any      easements associated with the      property   were   properly   addressed


   Motion
   Commissioner Plaskett moved to approve entering into an agreement with the

   property owner of 331 Canal Street in order to utilize a portion of the property as
   a pocket park Commissioner Grasry seconded the motion and the roll call was


                            Commissioner  Grasty         yes
                            Mayor Barringer              yes
                            Commissioner Hathaway        yes
                            Commissioner Plaskett        yes
                            Vice   Mayor   Reiker        yes

   The motion carried      unanimously




   Regular Meeting        October      30 2012                                     Page   6 of 19

Page 29 of 303
Regular Meeting - November 13, 2012


   Consent Agenda Item H of Respondents to the Request for Qualifica
                       Ranking
   tions Professional Surveying Providers Assistant City Manager Kha
   Continuing
   lid Resheidat outlined staffs recommendation that the City Commission approve
   the ranking of respondents to the recent request for qualifications for continuing

   professional surveying providers The three providers selected were Daniel W
                         Singleton
   Cory Surveyor LLC Bowyer and CPH Commissioner Plaskett com
   mented    on   the     Request   for Qualification process   versus   the process utilized for
   the    Request   for   Proposal   process


   Motion
   Commissioner Plaskett moved to approve theranking of respondents to the re
                                             professional surveying providers
   cent request for qualifications for continuing
   The three providers selected were Daniel W Cory Surveyor LLC Bowyer

   Singleton and CPH Commissioner Hathaway seconded the motion and the roll
   call   was

                             Mayor Barringer               yes
                             Commissioner       Hathaway   yes
                             Commissioner Plaskett         yes
                             Vice    Mayor   Reiker        yes
                             Commissioner      Grasty      yes


   The motion carried        unanimously

   Consent Agenda Item K No 24 the City Manager
                       Resolution      Authorization 12 for

   to submit an ECHO   Grant Application to Volusia County City Manager

   Brangaccio outlined staffs recommendation that the City Commission adopt a
   resolution authorizing the City Manager to submit an ECHO Grant Application to
   Volusia for 50 funding of the proposed Otter Lake Improvements Project and
   to approve the allocation of the City 50 match not to exceed 350
                                      s                                         000
   Commissioner Hathaway questioned the amount       of utility work completed City

   Manager Brangaccio clarified the estimate and a small restroom would be
   included


   Motion
   Commissioner           Hathaway  adopt a resolution authorizing the City Man
                                     moved to

   ager to submit an ECHO Grant Application to Volusia for 50 funding of the
   proposed Otter Lake Improvements Project and to approve the allocation of the
   City 50 match not to exceed 350 Commissioner Plaskett seconded
   s                                     000
   the motion and the roll call       was



                              Commissioner      Hathaway   yes
                              Commissioner Plaskett        yes
                             Vice    Mayor   Reiker        yes
                              Commissioner      Grasty     yes

                              Mayor Barringer              yes




   Regular Meeting October 30                2012                                 Page   7 of 19

Page 30 of 303
Regular Meeting - November 13, 2012


   The motion carried     unanimously

                       1
                       Request           Flagler
   Consent Agenda Item Nfor Beer Gardens Avenue Food Truck
   Bazaars City Manager Brangaccio outlined staffs recommendation that the

   City   Commission approve the establishment of beer           gardens during the conduct
   of Food Truck Bazaars to be held on  Flagler Avenue              Thursday November 15
                                                                   on

   2012    and Thursday February 21 2013                as   sponsored by the City Recrea
   tion Events Department
   Special

   Commissioner   Hathaway questioned the notification process to area business
   owners    City Manager Brangaccio commented on what seems as a lack of
   agreement among business owners in the area regarding street closures Spe
   cial Events Supervisor Elizabeth Yancey commented on efforts made to com
   municate with   area   business owners


   Motion
   Commissioner     Hathaway moved  to approve the establishment of beer gardens

   during   the conduct of Food Truck Bazaars to be held on Flagler Avenue on

   Thursday November 15 2012 and Thursday February 21 2013 as sponsored
   by the City Recreation Events Department Commissioner Grasty se
               Special
   conded the motion and the roll call     was



                          Commissioner Plaskett              yes
                          Vice   Mayor   Reiker              yes
                          Commissioner       Grasty          yes
                          Mayor Barringer                    yes
                          Commissioner Hathaway              yes

   The motion carried     unanimously
                                                  xxx



   ORDINANCES SECOND READINGS AND PUBLIC HEARINGS


   Ordinance Nos 81 and
                  12                 82         Application No A
                                     Annexation 12             s
                                                               Denny
                                                               12
                                                               4
         R
   1830 S 44       City Attorney Gummey read Ordinance Nos 81 and 8212         12
   the second time by title only Planning Manager Gail Henrikson outlined the pro
   posed ordinances which if adopted would annex and designate City Commer
   cial land use for approximately 0 acres located north of Vic Way and west of
                                   05                       s
   Mission Road


   Mayor Barringer opened the public hearing As no citizens wished              to   speak   re


   garding the matter Mayor Barringer closed the public hearing
   Motion
   Vice   Mayor   Reiker moved to    adopt                  12
                                             Ordinance Nos 81 and          82 as submit
                                                                            12
   ted    Commissioner    Grasty   seconded the motion and the roll call    was




   Regular Meeting     October       30   2012                               Page    8 of 19
Page 31 of 303
Regular Meeting - November 13, 2012


                         Vice   Mayor   Reiker            yes
                         Commissioner  Grasty  yes
                         Mayor Barringer       yes
                         Commissioner Hathaway yes
                         Commissioner Plaskett            yes


   The motion carried   unanimously
                                                 xxx



                                             4
                                             s
                                             Dennv
                                             12
   Ordinance No 83 Annexation Application No A 1830 S 44
                 12                                  R

    City Attorney Gummey        read Ordinance No 83 the second time
                                                   12                         onlyby    title
   As the   proposed    ordinance   was one       judicial
                                                  aquasi nature City Attorney
                                                  of

   Gummey      administered the oath to       Planning Manager Gail Henrikson  Ms
   Henrikson              professional and academic credentials As no citizens
               outlined her

   questioned Ms Henrikson qualifications she outlined the proposed ordinance
                   s
   which if adopted would rezone annexed property located north of Vic Way and
                                                                   s
   west of Mission Road from County Heavy Commercial Thoroughfare Overlay
   Zone to City Highway Service Business District Corridor Overlay Zone B
   3
   C

   Mayor Barringer opened the public hearing As no citizens wished                to   speak    re


   garding the matter Mayor Barringer closed the public hearing

   Motion
   Commissioner    Hathaway moved to adopt             Ordinance No         12
                                                                           83 as       submitted
   Commissioner    Grasty seconded the motion          and the roll call   was



                         Commissioner  Grasty              yes
                         Mayor Barringer                   yes
                         Commissioner Hathaway             yes
                         Commissioner Plaskett             yes
                         Vice   Mayor   Reiker             yes


   The motion carried   unanimously
                                                 xxx



                 Annexation 12
   Ordinance No 84              Application No A Colonv Park
                                               09
                                               Turnbull
                                               1

   CityAttorney Gummey read Ordinance No 84 the second time by title only
                                              12
   Planning Manager Gail Henrikson outlined the proposed ordinance which                          if

   adopted would annex approximately 23 acres located north of S 44 west
                                                                R                               of

   Jungle   Road and Otter Boulevard


   Mayor Barringer opened the public hearing As no citizens wished                to    speak   re


   garding the matter Mayor Barringer closed the public hearing




   Regular Meeting     October      30 2012                                      Page   9 of 19
Page 32 of 303
Regular Meeting - November 13, 2012


   Motion
   Commissioner Plaskett        moved      to   adopt    Ordinance No        12
                                                                            84 as       submitted
   Commissioner     Grasty   seconded the motion and the roll call          was




                         Mayor Barringer       yes
                         Commissioner Hathaway yes
                         Commissioner Plaskett                  yes
                         Vice   Mayor    Reiker                 yes
                         Commissioner           Grasty          yes


   The motion carried   unanimously
                                                   xxx



                 Annexation  12 12
   Ordinance No 89 Application No ACreek Properties
                                           Otter       11

   City Attorney Gummey read Ordinance No 89 the second time by title only
                                           12
   Planning Manager Gail Henrikson outlined the proposed ordinance which if
   adopted would annex approximately 26 acres located south of Pioneer Trail
                                     2
                                         R
   west of Otter Boulevard and north of S 44


   Mayor Barringer opened       the   public hearing

   Attorney   Glenn Storch    represented        the   property   owners    urged adoption of the
   proposed     ordinance    and      commended          both     Commissioner    Hathaway and
   Commissioner Plaskett on their service to the           City

   As   no   other citizens wished to       speak regarding           the matter   Mayor Barringer
   closed the   public hearing

   Motion
   ViceMayor Reiker moved to adopt Ordinance No 89 as          12                       submitted
   Commissioner Grasty seconded the motion and the roll call was


                         Commissioner           Hathaway        yes
                         Commissioner Plaskett                  yes
                         Vice    Mayor   Reiker                 yes
                         Commissioner  Grasty                   yes
                         Mayor Barringer                        yes


   The motion carried   unanimously
                                                   xxx



   Ordinance No 92                         12 Park Acquisition
                                           5
                                           Holland
                            Application No A
                Annexation 12
                     read Ordinance No 92 the second time by title only
                                           12
   City Attorney Gummey
   Planning Manager Gail Henrikson outlined the proposed ordinance which if
   adopted would annex approximately 28 acres located south of Pioneer Trail
                                     7
   east of Otter Boulevard and west of Old Minorcan Trail



   Regular Meeting     October        30   2012                                     Page   10 of 19
Page 33 of 303
Regular Meeting - November 13, 2012


   Mayor Barringer opened the public hearing As no citizens wished           to   speak    re

   garding the matter Mayor Barringer closed the public hearing

   Motion
   Commissioner   Grasty moved to adopt Ordinance No 92 as       12               submitted
   Commissioner   Hathaway seconded the motion and the roll call was


                         Commissioner Plaskett            yes
                         Vice   Mayor   Reiker            yes
                         Commissioner  Grasty             yes
                         Mayor Barringer                  yes
                         Commissioner Hathaway            yes


   The motion carried    unanimously
                                                 xxx



   Ordinance No 97 Retirement System
                Firefighter
                s         12                            City Attorney Gummey
   read Ordinance No      12
                         97 the                by
                                        second time  only Director of Human Re
                                                          title
   sources   Carol Hargy outlined the proposed ordinance which if adopted would

                    s
   amend the City Firefighter Retirement System by adding the definition of Av

   erage Final Base Compensation and Base Compensation and amending the
   definition of Salary and other amendments of an administrative nature to the

   system

   Mayor Barringer opened the public hearing As no citizens wished           to    speak   re

   garding the matter Mayor Barringer closed the public hearing

   Motion
   Commissioner Plaskett moved           to   adopt    Ordinance No    12
                                                                      97 as       submitted
   Commissioner   Grasty   seconded the motion and the roll call      was



                         Vice   Mayor   Reiker            yes
                         Commissioner         Grasty      yes
                         Mayor Barringer                  yes
                         Commissioner         Hathaway    yes
                         Commissioner Plaskett            yes


   The motion carried    unanimously
                                                 xxx



   Special   Exception   Application Living Facility Claudia
                         SE
                         03
                         Assisted  12       1020
   Street Planning Manager Gail Henrikson outlined staffs recommendation that
   the City Commission conduct a public hearing regarding the special exception

   application which if granted would allow an assisted living facility on property at
   1020 Claudia Street




   Regular Meeting   October       30    2012                               Page   11 of 19
Page 34 of 303
Regular Meeting - November 13, 2012


   Commissioner             Plaskett    questioned       the     current   use    of the     property         Ms
   Henrikson clarified the property               was  being utilized as a one Assisted Living
                                                                               bed

   Facility       Commissioner Plaskett            questioned  whether a variance was required in
   order for the        property owner       to   meet parking requirements and felt she could not

   support       the   application

   Mayor Barringer opened              the   public hearing

   Michelle        1020 Claudia Street applicant and property owner advised the
                 Marcus
   Commission that her current license was for afive assisted living facility and
                                               bed
   outlined that the         application     was   to allow four additional beds            Ms Marcus        com

   mented         plans
                 on           to convert the front         yard   of the   property   into   a   parking     lot to
   meet     parking requirements

   Vice   Mayor Reiker commented                   on   the size of bedrooms necessary to                  support
   nine adults


   Judy Dobrez              1016 Claudia      Street opposed approval              of the    application      and
   commented on what she felt was the small size of the                          existing    bedrooms in the
   house and questioned the overall size of the property


   Kenneth        Brenner      1030 Claudia       Street opposed approval          of the   application

   Don    Dobrez          1016 Claudia        Street opposed approval of              the application and
   commented           on   safety   concerns     and what he felt    was   less than   adequate property
   and    room     size


   As   no   other citizens wished to         speak Mayor Barringer          closed the      public hearing

   Vice   Mayor        Reiker commented on the             application being     submitted       by   a   business
   within    a   residential    neighborhood            She did not support       approval       of the    applica
   tion


   Motion
   Commissioner Plaskett moved to                   deny Special Exception Application                   03
                                                                                                      No SE
   12 Commissioner              Grasty   seconded the motion and the roll call              was



                                 Commissioner  Grasty                yes
                                 Mayor Barringer                     yes
                                 Commissioner Hathaway               yes
                                 Commissioner Plaskett               yes
                                Vice   Mayor      Reiker             yes


   The motion carried           unanimously        and the   application   was    denied


                                                           xxx




   Regular Meeting            October        30    2012                                       Page        12 of 19
Page 35 of 303
Regular Meeting - November 13, 2012


   Special              05
                        SE 2800
                        Marine    12
              Exception Application Specialties North Dixie
   Freewav   Planning Manager Gail Henrikson outlined staffs recommendation
   that the City Commission conduct a public hearing regarding the special excep
   tion application SE which if granted would allow outdoor storage of vehi
                    05    12
   cles boats and other equipment on property at 2800 North Dixie Freeway If
   approved     it is further   requested   that the   applicant      be allowed to install   a   six foot

   high chain link fence rather than the required four foot high                  solid   fence    with   a

   two foothigh open fence for aesthetic and security reasons

   Mayor Barringer opened the public hearing                   As     no   citizens wished to     speak
   Mayor Barringer closed the public hearing

   Motion

          Grasty moved to approve Special Exception Application
   Commissioner                                                                                       No
   SE Vice Mayor Reiker seconded the motion and the roll call was
   0512


                           Mayor Barringer                    yes
                           Commissioner Hathaway              yes
                           Commissioner Plaskett              yes
                           Vice     Mayor   Reiker            yes
                           Commissioner        Grasty         yes


   The motion carried      unanimously

   Motion
   Commissioner        Grasty   moved to approve allowing the applicant to install a six foot

   high   chain link   fence    rather than the required four foot high solid fence with a
   two foot   high
                open fence for aesthetic and               security    reasons    Vice    Mayor   Reiker
   seconded the motion and the roll call was


                           Commissioner        Hathaway       yes
                           Commissioner Plaskett              yes
                           Vice     Mayor   Reiker            yes
                           Commissioner        Grasty         yes
                           Mayor Barringer                    yes


   The motion carried      unanimously
                                                     xxx



   Special    Exception    DC7
                           06
                           SE NSB    12
                           Application Grille Municipal Airport
   Planning Manager                                                        City
                           Gail Henrikson outlined staffs recommendation that the
   Commission conduct    public hearing regarding Special Exception Application
                                a

   No SE which if granted would allow the establishment of a restaurant in
       06       12
   an Industrial Park I zoning district
                      3




   Regular Meeting       October       30   2012                                      Page    13 of 19
Page 36 of 303
Regular Meeting - November 13, 2012


   Vice   Mayor                 applicants all the luck in the world but questioned
                   Reiker wished the
  whether there was a plan for the property if the business failed Ms Henrikson
   commented on the current situation and compared it to many other similar pro

  jects found within the City

   Mayor Barringer opened the public hearing                As       no   citizens wished to   speak
   Mayor Barringer closed the public hearing

   Motion
   Commissioner    moved to approve Special Exception Application
                      Hathaway                                                                   No
   SE Commissioner Grasty seconded the motion and the roll call was
   0612


                          Commissioner Plaskett             yes
                          Vice   Mayor   Reiker             yes
                          Commissioner      Grasty          yes
                          Mayor Barringer                   yes
                          Commissioner Hathaway             yes


   The motion carried     unanimously
                                                  xxx

   PUBLIC PARTICIPATION


   Joie   Alexander    Volusia   County Council District       Representative thanked the
                                                                 3
                                                        commented on the good working rela
   City Commission for all its hard work and
   tionship enjoyed by the City and County              Ms Alexander felt it     was a   great joy   to

   serve and commented on the strong voice Commissioner Plaskett had for the

   Cityand Southeast Volusia County while a member of the Volusia County Trans

   portation Planning Organization Board Commissioner Grasty commented on
   attending the Volusia County Citizens Academy with Ms Alexander many years
   in the   past
                                                  xxx

   ORDINANCES FIRST READING


   Ordinance No  98 Amendment City Attorney Gummey read Ordi
                 Budget      12
   nance         12
             No 98 the first timeby title only An ordinance which if adopted
   would amend the current expenses and capital outlay required by the City for the
   fiscal year October    1   2012   through September 30            2013


   Motion
   Commissioner   Grasty moved to approve Ordinance No 98 on first reading
                                                              12
   as   submitted Vice Mayor Reiker seconded the motion and the roll call was

                          Vice   Mayor   Reiker             yes
                           Commissioner  Grasty             yes
                           Mayor Barringer                  yes
                           Commissioner Hathaway            yes
                           Commissioner Plaskett             yes

                                           2012                                      Page   14 of 19
   Regular Meeting       October      30
Page 37 of 303
Regular Meeting - November 13, 2012


   The motion          unanimously Mayor Barringer announced that the second
                         carried

   reading      public hearing of Ordinance No 98 would be conducted at the
                   and                           12

   regular meeting on Tuesday November 13 2012

                                                           xxx



   ADMINISTRATIVE ITEMS BUSINESS
                  NEW


   Bid    Washington
          Protest                         Street Streetscape       Project       CRA Director    Tony     Otte
   outlined staffs recommendation that the                   City Commission
                                                              consider the bid pro
   test submitted by the Masci Corporation in response to the recommendation that
   C James be awarded the contract for the Washington Street Streetscape Pro
      E

   ject   at   a   cost of     505
                             776

   Leo    Massey         owner     of Masci   Corporation outlined        his   s
                                                                                company protest       submit
   ted and commented               on   bid bond requirements and         bid   advantages

   JimCunningham                   President of C James
                                                 E                   Construction      stood    behind      his

   company bid
   s

   City Attorney Gummey commented on bid addendum requirements Commis
   sioner Hathaway questioned whether C James received the addendum Mr
                                             E
   Gummey    clarified that evidence showed receipt of the addendum occurred

                                                                                           of instructions to
   Commissioner Plaskett felt the              City   should     change   the   language
   avoid future issues             occurring      Commissioner Plaskett moved to             uphold     the bid

   protest     and award the bid to Masci             Corporation     The motion died due to        a   lack of
   a   second


   Motion
   Commissioner       Hathaway moved to deny the protest and award the bid to C E
   James       Construction contingent upon approval by the CRA Vice Mayor Reiker

   seconded the motion and the roll call               was



                                   Commissioner  Grasty             yes
                                   Mayor Barringer                  no

                                   Commissioner Hathaway            yes
                                   Commissioner Plaskett            no

                                   Vice   Mayor   Reiker            yes


   The motion carried            by majority       vote 3 to 2 with      Mayor Barringer      and Commis

   sioner Plaskett          voting no
                                                           xxx




   Regular Meeting            October         30   2012                                      Page   15 of 19

Page 38 of 303
Regular Meeting - November 13, 2012


   Streamlining
   Discussion                       the Permitting Process City Manager Brangaccio out
   lined staffs recommendation that the           City Commission provide direction regard
   ing staffs recommendation to participate in a regional permitting                          process
   designed to streamline the process called Open for Business

   Motion

      Mayor Reiker moved approve staffs recommendation to pursue participa
   Vice
         a regional permitting process designed to streamline the process called
   tion in

   Open for Business Commissioner Grasty seconded the motion and the roll call
   was

                             Mayor Barringer       yes
                             Commissioner Hathaway yes
                             Commissioner Plaskett              yes
                             Vice   Mayor    Reiker             yes
                             Commissioner      Grasty           yes


   The motion carried       unanimously
                                                      xxx

   BOARDS AND COMMISSIONS


   Economic Development Advisory Board  Mayor Barringer outlined staffs rec
   ommendation that the City Commission accept the voluntary resignation of
   member Jill Carlton Ms Carlton term expires June 8 2014
                          s


   Motion
   Commissioner         Grasty   moved to    accept    with   regrets   the   voluntary resignation   of
   member Jill Carlton           Commissioner    Hathaway       seconded the motion and the roll
   call   was

                             Commissioner      Hathaway         yes
                             Commissioner Plaskett              yes
                             Vice   Mayor   Reiker              yes
                             Commissioner      Grasty           yes
                             Mayor Barringer                    yes


   The motion carried       unanimously
                                                      xxx



   Planning and Zoning Board Mayor                   Barringer outlined staffs recommendation
   that the City Commission consider the                                            year
                                                     appointment of two members to three
   terms to     expire   October   31 2015 The terms of members Kenneth Bohannon
   and R Brooks          Casey will expire October 31 2012 Neither member wished to
   be     reappointed

   Commissioner         Grasty   nominated Jamie Calkins          Commissioner       Hathaway    nom

   inated    Stephen     Sather and Patricia Arvidson




   Regular Meeting         October      30   2012                                      Page   16 of 19
Page 39 of 303
Regular Meeting - November 13, 2012


   Motion
   Commissioner Plaskett moved to close nominations Commissioner                            Grasty   se

   conded the motion and the roll call        was



                             Commissioner Plaskett            yes
                             Vice   Mayor   Reiker            yes
                             Commissioner  Grasty             yes
                             Mayor Barringer                  yes
                             Commissioner Hathaway            yes


   The motion carried       unanimously

   City   Clerk   Johnny    Bledsoe distributed ballots and each member of the Commis
   sion selected two nominees for           appointment      The ballot results      were



                                                                                            Sather
   Mayor Barringer                           Jamie Calkins                      Stephen
   ViceMayor Reiker                          Jamie Calkins                      Stephen     Sather
   Commissioner Grasty                       Patricia Arvidson                  Jamie Calkins
   Commissioner Hathaway                     Patricia Arvidson                  Stephen     Sather
   Commissioner Plaskett                     Patricia Arvidson                  Jamie Calkins


   Patricia Arvidson received three votes Jamie Calkins received four votes and

   Stephen Sather received three votes Mr Calkins was appointed and a second
   ballot   was   necessary to determine the second           appointee

   City   Clerk   Johnny    Bledsoe distributed ballots and each member of the Commis
   sion selected    one    nominee for     appointment      The ballot results   were




   Mayor Barringer                           Stephen       Sather
   Vice   Mayor    Reiker                    Stephen       Sather
   Commissioner       Grasty                 Stephen       Sather
   Commissioner       Hathaway               Stephen       Sather
   Commissioner Plaskett                      Patricia Arvidson


   Patricia Arvidson received        one   vote and   Stephen       Sather received four votes       Mr
   Sather   was    appointed

   Jamie Calkins and         Stephen      Sather   were    each     appointed   as   members of the

   Planning   and   Zoning    Board to    year
                                          three terms          to   expire   October   31   2015


                                                     xxx



   Youth CouncilMayor Barringer outlined staff recommendation that the City
                                            s
   Commission consider the appointment of five members to the Youth Council
   Task Force to serve until the end of the 2012 New Smyrna Beach High
                                                2013
   School academic year in          May    2013



   Regular Meeting         October     30    2012                                      Page   17 of 19
Page 40 of 303
Regular Meeting - November 13, 2012


   Motion
   Commissioner Hathaway moved to accept the names and appoint New Smyrna
   Beach High School students Bryonna Butler McKayla Ely Samuel Alexander
   Elena Brandner and Brad Jollie as members of the Youth Council Task Force to
                                        2013
   terms to expire at the end of the 2012 school year Commissioner Plaskett
   seconded the motion and the roll call        was



                            Vice   Mayor   Reiker              yes
                            Commissioner  Grasty               yes
                            Mayor Barringer                    yes
                            Commissioner Hathaway              yes
                            Commissioner Plaskett              yes


   The motion carried      unanimously
                                                    xxx



   CITY MANAGER REPORT The
        S                                        City     Commission    acknowledged receipt      of
   the        s
         City Manager Report

   City Manager Brangaccio read into the record                 a letter to the   City   Commission
   that announced the retirement of Police Chief Ron                 Pagano effective December
   31    2012     City Manager Brangaccio            recommended       naming Lieutenant Mike
   Brouillette   as   Interim Police Chief
                                                    xxx



        S
   CITY CLERK REPORT               City    Clerk Bledsoe       encouraged   all citizens to vote in
   the   upcoming general     election   on   November     6   2012


                                                    xxx



   CITY ATTORNEY REPORT
        S                        City Attorney Gummey commented on the re
   tirement of Police Chief Pagano and recommended the City Commission ap

   prove the negotiated severance agreement with Chief Pagano


   Motion
   Commissioner Plaskett moved to approve entering into the negotiated severance

   agreement with Police Chief Ron Pagano associated with his retirement from
   service   effective December       31      2012    Commissioner      Hathaway     seconded the
   motion and the roll call    was



                            Commissioner  Grasty  yes
                            Mayor Barringer       yes
                            Commissioner Hathaway yes
                            Commissioner Plaskett              yes
                            Vice   Mayor   Reiker              yes




   Regular Meeting        October     30   2012                                     Page    18 of 19
Page 41 of 303
Regular Meeting - November 13, 2012


   The motion carried     unanimously
                                                   xxx



   With   no   further   business to   address Mayor Barringer   declared the   meeting
   adjourned       45 m
                at 8 p




   Regular Meeting       October       30   2012                        Page    19 of 19

Page 42 of 303
                                           AGENDA ITEM SUMMARY
   Regular Meeting - November 13, 2012
De artment Makin                  Re uest     Aast Cit     Mana   er

Meetin       Date       111312
Action Item Title                                   Esther
                              Contract For Sale and Purchase St

Agenda Section                                Consent



Summary Explanation                 and   Background

During    our
                planning   and    design stage             Project city staff approached the
                                                 ofthe Esther St Park
condominium association ofOcean View Condominium adjacent to the project site to purchase a strip of

                        way
                        of
9 strip along Esther St right to enhance the entrance to the park Currently the width of the

right is 15 including 4 sidewalk which makes the entrance very narrow At the time the city
way
of
offered 52 for this section of property based on the appraisal that was done for the city and
        152
estimated the strip at 68 The association refused the offer and we proceeded with the design and
                       500
construction Since then we have been approached by the association and they have agreed to the city
                                                                                                  s
offer of 52 In addition we have agreed fo install fence along the right grade the area
         195                                                           way
                                                                       of
connecting to the park and maintain our landscaping on the south side of the park in front of the
condominium to a height so as not to obstruct their view Attached please find Contract For Sale
Purchase for this project


City   staff feels this is   an   opportunity we should not pass to enhance the entrance to the park and gain the
additional width      we were      seeking The funds for this purchase will come from parks impact fees




            Motion
Recommended Action Staff recommends the                                  approval    of the   purchase   9   strip
from the Ocean View Condominium

Fundin       Anal     sis                                         Acct

Exhibits Attached                         Appraisal
                                          Contract For Sale     Purchase                            Se cravat     e       i
ReviewedB                                  Name                            Si   at
Department        Director                 Khalid Resheidat
                                           Assistant Cit    Mana    er
                                                                                                         0
                                                                                                             31   I   Z


Finance Director                           Althea Philord

Cit    Mana      er                        Pam Bran accio                       IYi
Cit    Attorne                             Frank Gumme
Commission Action




   Page 43 of 303
           Regular Meeting - November 13, 2012

1
r
3    hereby ages      then seler shop sap and      Buyer strap biry   fopowrrtrg
                                                                      the      ed
                                                                               desad            Real Property
                                                                                                       and Personal            Property coaecm PeKY
                                                                                                                                        ly
4    pursuarrt t0 tltB lama and                    d this Contract for Sab and Ptudrase and any riders and addenda
                                                                                                                               Corvract
5    1   DESCRIPTION
5          a Legal description of the Real Propety located in Vdusia                                                     my Fbrida
7                               A
                                dtibk
                            See Fattached hereto
8
9          b Street address dtX ap of the Property
10         c Personal Property irrchrdes existlng range reftigeratCr dehwaslsr ce
                                                  s s s krg tan Ggtu fodtpe       s s                                                         s
                                                                                                                                   and window treatrrrerrt tmlecs
11         spedprdAy exdtded blow
12                      ed
           other fternu irxs are
13
t4         Hems d Personal    ProP ard
                              Y                              Rents rf anyq exduded
15

t5 IL      PURCHASE PRICE U
                          yF
                          curra S                                                                                                                             195
                                                                                                                                                              00
                                                                                                                                                              52
17         PAYM@
           C
18         e Deposp held escow by
                    n                                                             Escmw Agenp   In   the amour of ctreds       m   demarxxr                           00
                                                                                                                                                                      0
19         tbl Addllb escrow depose m be                     Esaav Alters vAaun
                                                 rrratle m                             days after           Date
               Paragraph Ap n the   amaxG   oL                                                                                                  S                     00
                                                                                                                                                                      0
21         q FBSrrdrrg      Paragr M n the
                            aph                     arnoted a                                                                                   S                     00
                                                                                                                                                                      0
2r         arrar                                                                                                                                a                     oo
                                                                                                                                                                      o
23    el Balance m close blr cash wire Qaffier a LOCALLY DRAWN 9 or otfir 5uvc cheddsl subjerx
24    m adJustrnar or praffiIonS                                                                                                                              00
                                                                                                                                                              195
                                                                                                                                                              52
                  xEPiAtiCE OF
25 10 TUNE FOR A OFFER AND tJPlTEROFFERS EFFECTIVE PATE
26         a M this otter a rxrt executed by and depvered m as panes OR FACT    EXECXfiffNf carvrrunicated m writing 6eNreen the parties on w
27         betas                                               s             s
                                                          the depose wnll a Buyer option be rehtrrted and the offer wiUdrawm UNLESS OTH
2B         ERIAi1SE STATED TF TIME FOR ACCEPTANCE OF ANY CO SHALL BE 2 DAYS FROM THE DATE THE COUN
                                                                       JNTEROFF6i
                                                                       4
29         cROFFER
           TI IS DELAA7iED
30         b The date d Contract Effective DaLa3 wU be the oats wtren the last ate of the     and raper has  rya       d           signed
                                                                                                                     w ine the otfw w the
31         fs ootattaoflw ff stxtr date a not otfxawise set torch n the              Contract   then the Effective Dale sl be the date determined above for
                                                                                                                        all
32                   of the offer aa apppcable the ffnai cotarterofler
33   11L   FlNANGNG
34         0 a Ttnis is acash trarttsacpal weh ro   fw farendng
35         p g The Contract a cattctgent on Buyer
                                          abta6irrg appraral of a loan Loan Approvals                               witircr       days d blmdc tlsn 30 days after
35                       n Approval Dfw ChIEgC ONLY
           tfective Date l          e                           a toad p an adjustable                              w  p a fotecf w adjustable rate loan n the prin
37         deal arrramt d                       at an dn3ial trtterest rate rot to exceed                             decatnt and arg fees rot to exceed
                                                                                                                                    ar
36                      d prirrdpal arrrotart and far a farm of          years Buyer wU make app wietQr
                                                                                             at                                    days rf blank that 5 days offer
           Effective Date Ner shall use reasonable dm obmin Lron Approve and notify Seger in
                                                         gerxe                                                                wriffig of Loarr Approral by Loan
40         Approval DaOS satisfy terms     and trontdrtiors d the Loan Approval and dose the ban Loan
                                                                                                       Approval wtridr requires a condebn rested to
47         ttm sale d other property shop not he deemed Loan
                                                                  Approval for ptaposes d the subparagraph Buyer shop pay a0 ben expenses tt Buyer
42         does trot deliver writ0ert rotbe io Seer by lr Approval Date stating Buys has edher obtausd Loan Approval w waived this
                                                        ffit                                                                                  con        fxrartcirg
43         lingerxy  flan either party may cancel the Cartaact by depvering written notice
                                                                                                        j    ice
                                                                                           carrcellatbn No to the other trot        than seven n
4a         days Prmr m f psutg sepers Carx t
                                          tlatbn              mist state than Buyer has twee
                                                                                               3 days to deliver m raper written rrot waivvrg this
                                                                                                                                 xi
a5         hrmtdrg mercy if Byer has used due dipgence and has rot obtained Lam Approval fxfae rdree6atia as provided above Buyer
as         strap be reTirded the deposigs UNess tt terro corrGr has beer waived tras Cartrarx shay remain
                                                      eA
                                                       v gercy                                                           tt
                                                                                                                         sub to the satisfaction
47             a5ug
           by t of those                   of Loan Approval related to the
                                                                   Property
48         o cl              d exisiPtg
                                 mortgage see rim far terms w
49      p dPtadrasa money rote arxi nratgage to Seller see Starrderds B and K arrd riders addenda w specel douses for
                                                                                                                      tams
50 K    TiI1 E EVIDENCE At least     days Ot tNartlc then 5 days bebre Cbsetg a tale trtstaarx cononitrnent with e9copies d vstnunerrts
                                                                                     e
51 paled as exceppas attached them tale Comrtotrsm and ef6m
                                                                   Closing an owrsr policy d idle
                                                                                                arsee Standard A fw term strap
                                                                                                aaance
52 be obtained by
53      CNIcCt ONLY ONq p 1 Seller at Sel expense and d
                                          k                             to Buyer w Buyerl3 attamey w
54                                        s
                             2 Buyer at Buyer expense
55     CHECK tiEREx        e an abstract d isle e m be hanelred of title hsurance and attach rider fw terms
                                                       usteed
55 YL CLOSING DATE The trarsacobn chap be dated and the
                                                           dosing dowmeMS d            ar                             Cbeing unle
                                                                                                                              s
57 nxx by other provisbrrs of the CarltracL a Buyer a unable to obtain Fiezard Wcd Flood w FiansoNmers utsraance at a reasonable rate
         fied
58 dry to extreme weatfsr corrdrtbrs Buyer may delay Cbseq fw up to 5
                                                                      days offer such coverage becomes available
       TRICTK
       NS
   VU RFS EASEMENTS LJMRA710NS Seller slap Garvey rtsdrelable Cite                             to              suLyect
                                                                                                                 end tae      eve                        phars zwwrg
W    restrbeas prohibilbns aM ottecNiar imPOSed by gwvrarx y resUictias and matters
                              mr anls              rtlalatMon                       appearuxi                                                 on the   plat   w otherwee
            30 Days after approval by the City Commission
     7s
     FAWBAR           ReV 7
                          U4    O 2004              onof F ate The Raids Bar
                                             fbrida Assar iimtr                                           AA R F
                                                                                                             s
                                                                                                             I                Page   1 of 4




           Page 44 of 303
61                  m the subdivision
         common
                                     mg
                                     outstard oil gas and mineral rights of record without right of entry unplatt public utility easemerns of ret
                                                                                                             d                                 ad
62       Gated contigrmus      real property fines and trot more than 10 feet cr width as m the rearor front fares and 7 1P2
                               m                                                                                               in width as m the side
63           43xes for year of Cbsing and subsequent

64            Regular Meeting - November 13, 2012        years and assumed mortgages and purchase money mortgages if arty d addNOrel items see
         addenduml ded that there e at posing no violation of the fgregging and none Drevent crse of the
                     P                         assts                                                                                           Property
                                                                                                                                                   for
65        ritiht of wav and recxeatitmai                                                                   P
66       VIII OCCl1PN Seger step delver occuparxy of Property to Buyer at time of Clos uriless otFSrxrlSe stated herein fl
              ICY                                                                      arg                                  s
                                                                                                                            Property
67       to be rerrted ao         bayad Cbsing the Fact and urns ttiaeof and the terent a opus shed fx dsciosed pursuant m Standard F
                                                                                   s
68         s
         K orxupency m be defvered before CiDSirg Buyer a         ao cisfe of kus to Property from date docaparuy shall be rla      arxi reds
69       for mainte from that date and shall be deemed m lave accepted Property m ds existing condrtiar as of ttrne of
             arxe
                                                                                                                       taking o
70       Dt YPEYYRITTEN OR HANDWRITTEN PROVISIONS TYPewritten a handwritten provisials riders and ad
             1                                                                                              rdashop control aA pr6rted pro
71                       K
                 d tttis Camaz it amifict wpb tFrem
72       X    A4SIGNABILRM CHECK CNLY ONE Buyer O may assign and thereby be re from any Turtfrer BabrTly under ttils Contract
                                                                                     d                                                                    may
73       assign but r released Gran fedlily radar tins Caffiaa a 0 may trot assign tide Cooped
                     be
74       XI DLSCLOSURES
75            CaY O CHECK HERE rf the Property is subject to a special assessment ben 6r by a pudic body payable m ustalhrrerrts which
                                                                                          aed
78            continue beyond CIos61g and rf so spet rviro step pay amounts due clear Cks O
                                                fy                                      ug                  O Buyer  OCrer see addendum
77            b Radon is a rehaally aoaadng radioactive gas that when acaanrdated E7 a prattling in sufli quarpities may present F
                                                                                                    t                            Ithrisks mper
78            sore who are exposed m d over titre Lewle of radar that emceed federal and state
                                                                                                    guidefrnaa hew been tourd m buildings h Fodda
79            Additlonet Inkxmetion regardug radon or radar testtrg may be obtained Dorn yea County PubSc Health unit
80            c Mcld is rekaapy occunvig and may cause tieeM risks or damage m property ti Btrya is axtcared a desires additional tnfomiation
81            regardng mold Buyer should contact en approp professrorral
                                                      te
82            d 8f4 adarowledges receipt of the Raids Energy Ratlrg Inforrretiorr Brodure regrind by Section 55396
                  er                                      EtTx
                                                          rxy                                                                   9F
83            el H the read property       pre rlhorsing then alead paint rider is rrtmdaGOry
                                           1978                             based
84                          6oreigr
              A ti Soper ds aparser as de6rred by the Foreign trnreshrsrrt in RBI Property Tyr Act lire paAles chap canpy wiM that Ad
85                                  CUTE THIS CONTRACT UNTiL EWER HAS RECENED AND READ THE HOMEONfNERS ASSOCIA
                   BUYER SHOULD NOT E
86            NMUNTyY
              TION DISCLOSURE
              C
87             PHCPBiTYTAX CI SUAAAAAHy BIJYfft SIiOULD FE7 FAY ON THE SF1LEFi5 Clh QTY TABS AS 1F ANplp
                           OSI
                           IF                           f                       fi                 ff
88             TTY S
               PFTq THAT Tt f8E OBl1GA PAY Pl THE YFJ SI
                               6i MAY       f
                                            TO                                     SE WJOF OVVHfft
                                                                    R UBQf TO PURCFIF A q
89            YTSTiF
              fYfMPROVBv
              SFBPORPRt
              OFTHEPROP6TfYTHATCOIADRESULTtNFfl
              iF
              iPROPfftTYTA
              ASSESSeABYT
              S
90                             STIONS
                 YIX1 HAVE ANY CIUE CaVCEF3 VAiLAi1 CONTACT THE COUP PROPERTY APPRA66t OFF
                                            J                   lY            S        EFit P1AT10N
91       XIL MAXIMUM REPAIR COSTS Seller 5tlall riot be          resporisble for peymerrts m excess Ot
92                                           far treetnxsit andrepair under Standard D if dank them 1 the Ptadese Rice
                                                                                                       5
                                                                                                       d
93                             for repa and
                                   a                       replacerren under Standard N not caused by Wood Des
                                                                                                           n9Crgartisnrs rf dank
                                                                                                                         then 1   5
9a      d its Rxdrase Ricel
95 XIIL HOME WARRANTY O SeCer O Buyer O WA wdl payfor a bare warrarrty parr      M
96 at a ccet trot m exceed
97                IDA
    wu RID6T ADDB sPEaAL aattsES CIiEC1C itrose riders whirir are
                                                                     appiGable AND are attached m and rtiade pan of ttiis Contract
98        C O VA
          IOOMINNM           FHA     O              ASSN      ED
                                                           O LFA68AS PAINT          COASTAL C CONTFTOL LINE
                                                                                               OCVSTRUGTION
99        INSULATION     O AS    O Otlter Crersiw Ricer PrWisiOrtg p Addenda
100     Spepal Clarsels See Exhbit B atfadled hereto
101

102

103


104      XK   STANDARDS FOR REAL ESTATE                                   StarWerds Buyer end Steer edcrowledge recept          of a troRfl of Standards A
105      through   Y on the reverse side a attad
                                           edwhkir are              cxnrporated as pert d this Cartrad
t O6                            THiS IS INTENDED TO 9E A LEGALLY 81NDING t
                                                                         NTRpuCf lF NOT PULLY UNDicRSTOOD
t 07                                          SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGFIING
108                           A
                         THIS FOF HAS BEEN APPROVED BY THE h10PoD          S
                                                           1ASSOCIATIQJ OF REALTOF AND THE FLORIDA BAR
t C9          Approval does not constitrrte an opyrion that cryof tfx3 tears oral corrdtiors in ih Cariract shoud be accepeed by the parties h a
                                                                                                s
t t0           partiadar hart Terns and cordRbns strould tx riegotiaeed based upon the respectiw ot           srDerests
                                                                                                                      jectives4 and bargaining
t t1
                                                               positiais aF 80 aGerested pe
112           AN   7
                   ASTERLSK FOLLOWING           A LINE NUM662 IN THE MARGIN INDICA
                                                                                                         NE               A B    O     COMPLETED

113       By                                                                                                                              Lo
tta      ieuyEttl City     of Aew       Smyrna Beach              1DATt                   cean          View Condomiairrm AssocmA

115
11618UYEA                                                         aTp
                                                                  D

117      Buyas     address far Purposes of notice                                   Begets address tar purposes of notice
6                                                                                    1
                                                                                     ay                                  c
1   t9                                                                    e
                                                                          Prxa      lVEinl SM
                                                                                           A                             GFf
                                                                                                                         7 R 32 6  9               Phae
720                           mg
         BROILERS The brokers includ cooperating brokers a amyl darned blow            are   ttw                         sation
                                                                                                   oMy txMmrs BrttrBed m cornper
                                                                                                                               corxiedion                 wBh
t21      this Contract
t22 Name
123                Cooperating 9rolrers if arty                                                Broker

         FARIBAR
         7s             Rea lp4     O 206t             ss
                                                       atlar s
                                               Florida 0of Flrx7or arW The FbrkFa Bar              AB   FSgh6 Reserved     2
                                                                                                                           e
                                                                                                                          9 d4

              Page 45 of 303
      Regular Meeting - November 13, 2012




       oamm wontins               l         orownetr alley m are   or   Cam



                N   OCEANVIEW NDOAAINNt1AS
                    S  B
                INC


           Nmnber NW600004155


Tracl num6
g                 4T4


E        ufbar
         Cor No


6eafStatu
Cer No

       Amount       25
                   61



    Please make dteck ar           Order paya6ie to Florida  ofStabs
    Remrnre the chadc slob
    Staple doed ki the bop left hand rafi ihfs vo
                                     rruer        aiter
            wof Corpaatiass P BOa 8196 TaAatmsaee R
        to Diais                       O                    14
                                                            3xi
    This voucher and check must be tby the Division of
                                             eceivtari
    Corporations by Nlay 1st to avoid the 400 late fee Please
                             mall immediately
          Daydrrte telephone number for possibba proc quesIlorts
                                                 ing
                          38   a
                               Sb 610




                               iI v



lmr              k
                 hM
                 arvh
                 c
                 cav
                 r                                                            ansnn




      Page 46 of 303
Regular Meeting - November 13, 2012

          CLAUSES        TO   CONTRACT       BETWEEN       OCEAN   VIEW   CONDOMINIUM
SPECIAL
ASSOCIATION AND CITY             SMYRNA
                              OF NEW               BEACH    FLORIDA




                                                         the   City   Commission
1    Contract     is    subject   to     approval by

2    Seller must        comply    with            23
                                          Section 286          F if
                                                               S          applicable

3    Buyer    will pay all        closing    costs



     Seller      will
                  pay for any              costs    in   connection    with   conveying
     marketable title curing               title    defects


                                                the border o                        the
5    Buyer will install white PVC fencing along
     conveyed property with the   seller
                                  s        remaining property                        as


     permitted by the City Land Development Regulations
                      s

                                                                                    and
6
      Buyer   will maintain        landscaping      on   the   conveyed property
      grade   the   property      as   necessary




Page 47 of 303
Regular Meeting - November 13, 2012




                                      APPRAISAL

                       PROPOSED RIGHT OF WAY PARCEL
                       ESTHER STREET PROJECT LOT 107

                    COMMUNITY REDEVELOPMENT AGENCY
                         NEW SMYRNA      BEACH FLORIDA
                                 NOVEMBER 2010




                              AT THE    REQUEST   OF

                    COMMUNITY REDEVELOPMENT AGENCY
                         NEW SMYRNA      BEACH    FLORIDA




                                  PREPARED BY
                           REED APPRAISAL COMPANY
                         80 FAULKER STREET SUITE       8

                      NEW SMYRNA BEACH FLORIDA 32168




                                                                    089
                                                            FILE NO 2010




Page 48 of 303
Regular Meeting - November 13, 2012


                                REED APPRAISAL COMPANY
                             REAL PROPERTYAPPRAISERSRND CONSULTANTS


                       80   FAUL6n ER STREET SUITE 8NEw S67YRNA BEACH FLORIDA 32168
                                      OFFICE 386 957
                                                 0902   FAX 888 692
                                                                6081
                                           EMAIL      com
                                                      david
                                                      reedappraisalco


November 30 2010


Mr     Tony   Otte
CRA Director
Community Redevelopment Agency
210 Sams Avenue
New    Smyrna Beach          FL 32168


Dear Mr Otte


In accordance with your request I have completed an appraisal of the proposed Right of Way Parcel

on Lot 107 Ocean View Condominium COA property which is par ofthe Esther Street project

The 0 acre
    54 t              Larger Parcel property is the common area for the Ocean View Condominium on the
southeast     corner   of North Atlantic Avenue and Esther Street The recently acquired City of New

Smyrna    Beach property is located between the           Larger     Parcel
                                                                              property and   the Atlantic Ocean


The  proposed Right of Way Parcel on Lot 107 is 2 t sq ft and begins in the northwest portion of
                                                   539
the Larger Parcel adjacent to the North Atlantic Avenue right of way and continues along the Esther

Street right of way to the northeast corner of the property The northwest portion of the proposed
Right of Way Parcel is generally triangular in shape with a maximum width of36 fand decreases to
a width of 10 f for a distance of 188 t
            5                               along the Esther Street right of way

The purpose of this appraisal is to estimate the current loss in market value to the property                     as a   result
of the proposed acquisition Two values are provided for the proposed acquisition area


   1     Fee    simple   Interest
  11     Easement for vehicular and        utility    access   as   defined in request for   proposal   no   easement
         document       or   language provided

The attached report of 31 pages         provides a description       of this property the proposed      Right     of Way
Parcel and     use   and my method of valuation The Table ofCon following this letter serves
                                                            ents                                                     as an

outline of the report


n my    opinion      the loss in market value to the herein described property as of this           date     is


  1      Fee    simple   Interest                                   000
                                                                    76
  11     Easement for vehicular and         utility   access        500
                                                                    68

The loss in value to the land for the Easement           acquisition    is based   on a                      00
                                                                                          fee land value of 30 per

sq ft and effects of the easement estimated at 90 of the fee land value of areas within the                        building
setbacks There is no damage to the remainder and no cost to cure




Page 49 of 303
Regular Meeting - November 13, 2012


 This   appraisal   is   subject   to   the   Assumptions      and    Limiting       Conditions and other   comments     stated
 herein


 1   appreciate being     considered for this       assignment          Please Teel free    to call on me   should you   or   any
 intended   users   of this report need further clarification                 or    assistance


 Respectfully submitted

REED APPRAISAL COMPANY

                                                  Digitallysigned by David S Reed


David S Reed
                                                  DN          Reed ou
                                                       Cn Reed AppraisalCompany
                                                       DavidS o
                                                  email 6
                                                  com                   U
                                                  david@reedappraisalco c
                                                  5R
                                                  04
                                                  3016
                                                  11
                                                  2010
                                                  Date00
                                                  05


 David S Reed
State General
Certified                      Appraiser
Certification RZ3244
1010 rpr
089ciry          esrher docx
               ofttsb srJ




REED APPRAISAL COMPANY                                                                                                         Page 3
Page 50 of 303
Regular Meeting - November 13, 2012


                                  TABLE OF CONTENTS


PURPOSE OF APPRAISAL                                            I
SCOPE OF APPRAISAL                                              2
DATE OF APPRAISAL     REPORT                                    3
DESCRIPTION OF EASEMENT                                         3
  PROPOSED EASEMENT                                             3
  EFFECT OF PROPOSED EASEMENT                                   3

 SUBJECT PROPERTY LARGER PARCEL                                 4
   PROPERTY TYPE   LOCATtON                                     4
  NEIGHBORHOOD                                                  5
  OWNERSHIP                                                     5
  LEGAL DESCRIPTION                                             5
  LAND
  ZONING USE                                                    5
  HIGHEST AND BEST USE                                          6
SUBJECT RIGHT OF WAY PARCEL    PROPOSED EASEMENT                6
  LOCATION AND SIZE                                             6
  LEGAL DESCRIPTION                                            6
  LAND TYPE                                                     6
  IMPROVEMENTS                                                  6

  ENCUMBRANCE EFFECT                                            7
METHOD OF VALUATION                                             7
SALES COMPARISON APPROACH LAND VALUE     FEE                    7
  COMPARABLE SALES                                              7
  COMPARISONS     CONCLUSION LAND VALUE                        10
VALUATION OF RIGHT OF WAY PARCEL     PROPOSED EASEMENT         12
  RIGHT OF WAY PARCEL                                          12
  EASEMENT RIGHTS                                              12
LOCATION MAP                                                   13
VOLUSIA COUNTY PROPERTY APPRAISER PARCEL AERIAL MAP            13
SKETCH     LEGAL DESCRIPTION OF PROPOSED RIGHT OF WAY PARCEL   14

REQUEST   FOR PROPOSAL                                         16
PROPOSED BEACHFRONT PARK PLAN                                  17
SUBJECT PHOTOGRAPHS                                            18
COMPARABLE SALES LOCATION MAPS                                 22
COMPARABLE SALES PARCEL AERIAL MAPS                            23
OWNER    CONTACT LETTER                                        28
ASSUMPTIONS AND LIMITING CONDITIONS                            29
QUALIFICATIONS OF THE APPRAISER                                30
CERTIFICATE OF APPRAISER                                       31




                                                                    u




Page 51 of 303
Regular Meeting - November 13, 2012


                                                    PURPOSE OF APPRAISAL


The purpose of this appraisal is to estimate the Total Loss in Market Value to the property                                   as a   result
of the proposed acquisition Two values are provided for the proposed acquisition area


   I        Fee    simple    Interest

  II        Easement for vehicular and              utility    access




The 0 acre
    54 t                 LargerParcel property is the common area for the Ocean View Condominium on the

southeast       corner   of North Atlantic Avenue and Esther Street The recently acquired City of New
Smyrna      Beach property is located between the                  Larger    Parcel property and the Atlantic Ocean


The  proposed Right of Way Parcel on Lot 107 is 2 t sq ft and begins in the northwest portion of
                                                  539
the Larger Parcel adjacent to the North Atlantic Avenue right of way and continues along the Esther
Street right of way to the northeast comer of the property


It is my understanding that the right of way parcel is to be used for vehicular                            and    utility   access


serving the proposed beachfront park on the City owned property adjacent to                                the east of the      Larger
Parcel


The first valuation          premise     is based   on   the   City acquiring     the fee   simple   interest in the    proposed
Right      of Way Parcel


The second valuation premise is based on the Ciry acquiring an easement for vehicular and utility
access on     proposed Right of Way Parcel This description ofthe easement is based on the
                the

language in the request for proposal Although requested no easement document or language was

provided for our consideration The proposed Easement will be summarized in further detail later in
this report


Market Value is defined             as



   The most        probable price        in terms of money which a property will bring in the competitive and open
       market under all conditions           requisite to a fair sale the buyer and seller each acting prudently
       knowledgeably       and   assuming the price       is not affected   by   undue stimulus      Implicit   in this definition is the
       consummation of a sale         as   of a specified   date and the    passing oftitle from seller    to   buyer under
       conditions     whereby
       1    buyer and     seller   are   typically motivated
      2     both   parties   are   well informed    or   well advised and each acting in what he
            considers his     own    best interest

      3     a   reasonable time is allowed for exposure in the open market

      4     payment is made in cash          or   equivalent
      5     financing if any is       on   terms   generally    available in the community at the specified
            date and typical for      the property type in its locale

      6     theprice represents a normal consideration for the property sold unaffected by
            special financing amounts and terms services fees costs or credits incurred
                                      or                                                                          in
            the transaction




REED APPRAISAL COMPANY                                                                                                               Page     1

Page 52 of 303
Regular Meeting - November 13, 2012


For purposes of this           appraisal the
                                        concept of Total Loss in Value as a result of the
                                                       term or

acquisition                   use is considered to be synonymous with the term or concept of
                   construction and
                                or

indemnity The estimated Total Loss in Value is that amount which will include the Value ofthe Part
or Interest Acquired                and any Loss          or
                                                                Damage to the Remainder property                if any in     an   amount to

compensate         or   make the      owner       whole        again in terms of Market Value

An easement is defined               as


  An interest in real property that conveys use but not                         ownership     of a   portion   of an owner property
                                                                                                                     s




                                                           SCOPE OF APPRAISAL


The   subject      of this    appraisal      is   a
                                                      utility   easement to    be    acquired   over a   portion     of the   subject property

This is   a   limited summary
                      appraisal appraisal report The appraisal is limited to consideration of only
land and affected      improvements if any There are no damages to the unencumbered remainder
property A         complete appraisal with a before and after valuation would produce the same result

Certain background material and information exhibits explanations documentation                                               etc which

would normally be included in aselfappraisal report are not in this report
                               contained                                                                                      but    are

maintained in my files and incorporated herein by reference


Procedures followed in               performing this appraisal are

          inspection      of the     subject property
          letter   sent to    the   owner

          discussion with           one   of the unit    owners     during inspection firs name Steve last name not provided
          obtain certain factual information about the                                                      land
                                                                         subject property such as site data zoning use taxes
          utilities     etc

          examination of local mazket                  activity   as to   comparable   land sales    supply    and   demand    etc
          consideration of the            highest     and best    use   of the property

          application     of the sales comparison approach valuation method to develop                          an   indication of the mazket
          value of the fee interest           portion     of the larger     parcel   land which is affected     by the proposed       fee and
          easement       acquisition
          examination of materials and information                        provided by the client including Sketch of Description
          identified     as                039P prepared by Daniel W
                              Work Order k 10  09                                              Cory Surveyor Inc License No 2027
          Certificate No 2599
          observation ofsimilar   egress
                                  ingress and utility easements in the local and other market areas
          consideration of the effect of the proposed fee and easement acquisition and use on the encumbered
          portion and the unencumbered remainder ofthe larger parcel property
          preparation of summary report for use by client for use in easement acquisition and for anticipated
          testimony as to a good faith value estimate in eminent domain proceedings if needed
          intended users of this report are the client and Ciry ofNew Smyma Beach personnel related to the

          subject project the property owner and legal counsel or other agents for the property owner related to
          this matter there          are no   other intended        users   ofthis report


The   following      report outlines this process and presents the data and bases for the conclusion as                                    to   the
Loss in Market Value




REED APPRAISAL COMPANY
                                                                                                                                           Page 2
Page 53 of 303
Regular Meeting - November 13, 2012


                                          DATE OF APPRAISAL                        REPORT

The date of this       appraisal    and this   report     is November      30   2010



                                             DESCRIPTION OF EASEMENT



                                                        Proposed        Easement


The   proposed       Easement document         or   specific language was not provided for our consideration As
described in the request for proposal and confirmed                by the client the proposed Easement is to be for
vehicular and utility access


A copy of the request for           proposal   and Sketch of Description of the                proposed Right of Way       Parcel   are

located with the exhibits


The  proposed Right of Way Parcel on Lot 107 is 2 f sq ft and begins in the northwest portion of
                                                   539
the Larger  Parcel adjacent to the North Atlantic Avenue right of way and continues along the Esther

Street right of way to the northeast corner of the property The northwest portion of the proposed
Right of Way Parcel is generally triangular in shape with a maximum width of 36 t and decreases to
a width of 10 tfor a distance of 188 falong the Esther Street right of way
            5


The   proposed Easement is very broad in nature and grants the City of New Smyrna Beach the right
privilege and easement to use the proposed acquisition area for vehicular and utility access The
rights are very liberal to the Grantee and the restrictions are stringent to the Grantor

Based   on     the   provided conceptual development plan                 for the Esther Street Beachfront Park the

proposed       Easement is     to be used for construction of an asphalt                paved driveway underground
utilities
storm                 water   management system and a retaining wall



                                                Effect of Proposed Easement



The   proposed       Easement      provides   the Grantee        City    of New   Smyma Beach            with extensive    rights
encumbering aerial            surface and subsurface           rights

The   rights          by the Grantor Ocean
                retained                                   View Condominium COA                  are   limited to   egress
                                                                                                                    ingress
and   setbacks required by zoning


In instances where          an   Easement is within the setbacks           as
                                                                                required by zoning        the effect is   reduced
since these     areas are     already   restricted   as   to   buildings

Where    an easement         bisects    or   divides the        ownership   and goes through buildable area outside
                                                                            or
the   zoning setbacks the effect is considered to                 be greater than if the easement is along a boundary
and within the
or                 zoning setbacks or adjacent to                  a    roadway   or   other   way
                                                                                               right which
                                                                                               of                    can   be used
for   access   and    or   maintenance




REED APPRAISAL COMPANY                                                                                                          Page 3
Page 54 of 303
Regular Meeting - November 13, 2012

With consideration ofthese             factors   the broad nature of the easement                              the total fee bundle
                                                                                              language
of rights and the effect of the           separation     of some of these       rights   and the location of the easement it
is my   opinion    that the effect     on   the Market Value of the encumbered                portion        of the   subject   property is
a   Loss in Market Value of


         90 of the fee value of the encumbered land area within                           building      setbacks


There is   Damage to the Remainder portion of the property and no Cost
           no                                                                                           to Cure   caused    by    the
imposition     proposed Easement and Right of Way acquisition
                of the            or


The research and         investigation      conducted for the formation ofthese              opinions        includes observation
and studies of similar easements with              supporting      data maintained in        our   files



                                        SUBJECT PROPERTY                   Larger Parcel

See exhibits      following the    value conclusion




                                                  Property Type       Location


The   subject Larger      Parce    the property         from which the     easement is to be           acquired       is the 0t acre
                                                                                                                             54
common area    for the Ocean View Condominium on the southeast comer of North Atlantic Avenue
and Esther Street The Ocean View Condominium is an older one story concrete block building
consisting of six units

The site is   a
                  rectangular polygon        and fronts 101        f on   the      side of North Atlantic Avenue
                                                                                east                                              220 t
on   the south side of Esther Street and 110              ton the eastern        boundary overlooking the ocean

The   recently acquired City        of New       Smyma     Beach property is           adjacent   to   the   eastern   boundary    of the
property


Esther Street terminates         at the   City   beachfront property


The property is      an   elevated site overlooking the            ocean




All utilities and services       are   available   to   the site


Adjacent properties        are    north 3     unit   3 story townhome           development       and    portion      of City
beachfront property east City beachfront property south Win San large scale condominium
development west residential single family residences and a duplex




REED APPRAISAL COMPANY
                                                                                                                                    Page 4
Page 55 of 303
Regular Meeting - November 13, 2012


                                                              Neighborhood

The   subject Larger Parcel is located in the southeast portion of North                       Beach area     two blocks north

ofthe   prime and historic Flagler Avenue retail area
                                             commercial


Although       the future outlook for the           neighborhood       is   excellent   market conditions have caused real
property values to decline


The client is considered to be              fully   familiar with the neighborhood area further discussion will be

provided    if   requested

                                                                  Ownership

The   Larger     Parcel property is         apparently     owned     by   Ocean View Condominium COA


There have been           no   sale transactions in the past three years


The property is      not       known   to   be offered for sale      on   the open market




                                                           Legal Description

                  appraisal the legal description
For purposes of this                                                         Larger Parcel property is Volusia County
                                                                          for the
         s
Property Appraiser parcel identification number                             0001
                                                                            55               17                   34



                                                           Zoning
                                                           Land                Use


The
      Larger                         4 4 Ocean Commercial
                 Parcel property has B
                                                                                 Four Stories feet zoning
                                                                                      45                              and
Commercial land           use   designation by       the   City   of New    Smyrna Beach

The   permitted     uses   include      multifamily 12 units per acre parking               garages    parking lots   real estate

offices    restaurants and transient         lodging 24 units per acre

There is   a   limited amount of B Ocean Commercial
                                 4                                          zoning   in New   Smyrna   Beach The      areas   with
this zoning      are as   follows    all    located   east   of Atlantic    Avenue

          Lincoln Ave south            to   Maple   Street
      i    s
          4 to 5 Avenues
           h h
          6 to 8 Avenues
          h     h
          24 to 27 Avenues

The setbacks       required by zoning relevant to             this   appraisal are

          Front   yard         30
          Side   yard      10




REED APPRAISAL COMPANY                                                                                                         Page 5
Page 56 of 303
Regular Meeting - November 13, 2012


                                                                                                                                            n
                                                                                                                                            u
                                                         Highest       and Best Use


The   highest   and best       usesubject property is for
                                     of the                                 continued condominium            use as   improved   with

renovation and
           or         redevelopment as demand justifies

The   current   recessionary market conditions are inhibiting potential development                           in the foreseeable
future for the vacant    properties in the market area


                  SUBJECT RIGHT OF WAY PARCEL                                       PROPOSED EASEMENT


See exhibits




                                                           Location and Size



The   proposed subject Right             of Way Parcel and Easement               are   described   as   follows


         539
         2       f
                     sq   fr begins         portion of Larger Parcel adjacent to the North Atlantic
                                             in northwest
         Avenue right of way and continues along the Esther Street right of way to the northeast corner
         ofthe property northwest portion is generally triangular in shape with a maximum width of

         36 tand decreases to a width of 10 t for a distance of 188 f along the Esther Street right
                                         5
         of way



The   proposed    Easement           area   is 1 I       of the total    Larger   Parcel site   area




Exhibits with this report show the location of the easement                        area




                                                           Legal Description

See exhibit




                                                                 Land    Type

The   easement area       is   typical      of the   subject   site



                                                               Improvements

There   are no   significant      site    improvements in the proposed subject Right of V1 Parcel and
                                                                                         ay
Easement There is         a    street   light servicing the parking area of the condos and it is assumed the pole
will be relocated to      an area       with equal utility replaced and restored
                                                                     or


The   proposed    easement        will be      approximately          70 fFrom the condominium            building




REED APPRAISAL COMPANY                                                                                                           Page   6

Page 57 of 303
Regular Meeting - November 13, 2012

                                                    Encumbrance            Effect



As described in       a    preceding   section of this report the effect of the          proposed    easement    is estimated   at



         90 of the fee value of the encumbered land                     area   within   building   setbacks




                                               METHOD OF VALUATION


The Loss in Value          as a   result ofthe described easement      acquisition and construction or use ofthe
easement      will be estimated        by valuing   the Part   Acquired as a part of the Whole There are no
Damages       to the Remainder and no Cost to Cure



In   effect   a   Before and After valuation would             produce     the   same   result


The three conventional methods of property valuation                     are   the Cost Sales     Comparison     and Income

Approaches        to Value



The Cost Approach consists of a value estimate developed by consideration of replacement cost of
improvements at today prices less depreciation or losses in value from all causes plus estimated
                 s
land value Land value is estimated by comparison ofthe subject property with recent sales of
similar vacant properties

The Sales     Comparison Approach            is based   on a   direct   comparison      of the   subject   property with   recent

sales ofsimilar   properties

The Income         Approach       consists of thecapitalization or conversion into value of the anticipated net
income that the property would              produce on a rental or lease type operation and represents the value                 of
the property       to an   investor


In this appraisal of an interest in land the Sales             Comparison Approach method of valuation will be
used to estimate the value of the land The Cost                Approach and Income Approach are not applicable
for this site valuation


                                                                          o       e



                           SALES COMPARISON APPROACH LAND VALUE                                       FEE



                                                        Comparable       Sales



The entire oceanfront and Atlantic Avenue corridor in New                        Smyrna Beach including         Bethune

BeachiSilver Sands areas             were   searched for   recent   land sales




REED APPRAISAL COMPANY                                                                                                       Page 7

Page 58 of 303
Regular Meeting - November 13, 2012

Other than the      s
                    City acquisition         of the land for the       proposed   Esther Street Beach Front Park in 2007
and   2008     there have not been any land sales with B Ocean Commercial
                                                       4                                      zoning   for   over   four years
Of the few       vacant   commercial sites that       are    marketed for sale there have    not   been any serious
inquiries   or   offers   presented   for   an   extended     period   of time


There have been several oceanfront and                ocean    view land sales with residential     zoning   and land   use




Since the end of the boom             period property values have declined substantially certainly below 2005
prices   levels The       majority   of market studies and our independent research indicate current market
values   are   in the range of the 2003 and 2004 levels


To estimate the      subject   land   value      six sales   two   are   assemblages   of commercial sites that occurred
in 2003   through 2005 and three                                            edwithin the past fifteen months
                                            sales of residential sites that occun
are   presented for consideration

See sales location map and individual sale               parcel
                                                         aerial            maps with the exhibits




REED APPRAISAL COMPANY                                                                                                   Page 8
Page 59 of 303
         Regular Meeting - November 13, 2012

                             COMMERCIAL OCEANFRONT                     OCEAN VIEW LAND SALES

CJ                 SELLER
                    BUYER
                                             LOCATION                 PRICE
                                                                       DATE
                                                                                   ACRES              COMMENTS
                                                                                   SQ FT
                PAGE
                BOOK


     1        G Sams       C Sams         W side S Atlantic           1
                                                                      500
                                                                        000
                                                                          10
                                                                          1                         COMM 200
                                                                                                 B4 4
                                         Ave btwn Marilyn                                         seawall listed
                                                                                       oceanfront w
                          I
             Kosmas Group Int                                          Oct
                                                                       03          3130
                                          Ave d Hope St                                     at 41 sq ft
                                                                                                   64
                      0597
                   5183
                                           oceanfront                                                  995
                                                                                                       1 000

     2            Assemblage             W side N Atlantic            2
                                                                      75Q000        20
                                                                                    1        COMM
                                                                                          B4 4 50
                                        Ave at Lincoln Ave                             oceanfront sold to Trust for
           North Beach     Developers                                  3   trans    61
                                                                                   52
                                          N side Esther St                                    Public       City
                                                                                                           Land of NSB
            Casscells       1930
                         5233                                         03
                                                                      Dec
                                             oceanfront                                         for 84       f
                                                                                                              per sq ft in
             T Elliot   5307
                           3758                                       Apr
                                                                      04                                   August 08
            A 1 A Ltd    5354
                            2596                                      May
                                                                      04


     3          Strategica Realty       W side of S Atlantic          800
                                                                      1 000 5
                                                                           0
                                                                           8                    B4     COMM
                                                                                                       4                 100

                   HJH LLC                Ave btwn 24th                04
                                                                       Jun
                                                                                                           oceanfront
                                                                                    61
                                                                                   48
                                        25th Aves adjacent       to

                      1150
                   5354                      s
                                             SofChase

                                             oceanfront


     4      M   Daviglus   Rev Trust    NE   comer   S Atlantic       67000 0
                                                                        0   36              COMM
                                                                                            MUbehind Beach
                                          Columbus Avenue                                    Patrol station 75          t ocean
                 Flagler Dunes                                        Aug
                                                                      04            73
                                                                                   42
                                        NW corner of Buenos                                 view also        bought    0t ac
                                                                                                                       58
                      4254
                   5380
                                               Aires Street                                  property       adjacent    to   north
                                                                                               w 2 t sq ft
                                                                                               basic 220

                                                                                            building in June 04 at 41
                                                                                            sq
                                                                                            tft land value only not
                                                                                                           allocated




     5            Assemblage            NW     comer    of E 3rd      1
                                                                      548
                                                                        000 5
                                                                           0
                                                                           9                  B2 1 blocks
                                                                                              COMM 5
                                         Ave      S Atlantic                                   west    of ocean indirect
                NSB Properties                                         2   trans    41
                                                                                   37
                                  SW           corner   2nd Ave                               ocean        views 2 story
           Regal Mgmnt         4881
                            5436                                      04
                                                                      Nov                    listed   at        75
                                                                                                           50 f per sq ft
            Mundrell       Peterson                                   May
                                                                      OS
                   3497
                   559



     6          Strategica Realty       W side of N Atlantic          100
                                                                      1 000 6
                                                                           4
                                                                           0                     B4    4
                                                                                                       COMM 50
                                         Ave btwn       Flager                                             oceanfront
           Oceanfront Luxury Dev                                       OS
                                                                       Jun         5490
                                          Florida Avenues
                      4260
                   5605
                                             oceanfront




         REED APPRAISAL COMPANY                                                                                         Page   9


         Page 60 of 303
Regular Meeting - November 13, 2012


                            RESIDENTIAL OCEANFRONT                  OCEAN VIEW LAND SALES

                SELLER                    LOCATION               PRICE             ACRES                  COMMENTS
                 BUYER                                            DATE            SQ FT
            BOOK
            PAGE



            The Dune LLC                 NE   corner   9th         000
                                                                 750                56
                                                                                    0            R
                                                                                                 3A75
                                                                                                 MDR                 f   oceanfront
                                      Avenue     Hill Street                           bought                04
                                                                                                          in December at 41
            E   Nagymihaly                                        09
                                                                  Aug              3075
                                                                                                      sq ft 1M with 750K
                                                                                                  t

       deed in lieu        0792
                        6389
                                                                                                      PMM deed in lieu for
                                                                                                      satisfaction of mortgage




          Sierra   Integrations         W side S Atlantic        22500 0
                                                                   0   23             9W beriveen ocean and
                                                                                      R       ULI
                                          Ave    E side                                river no access 75
                                                                                                frontage
                 G Baker                                          Mar
                                                                  10                46
                                                                                   22
                                      Turtlemound Rd S of                                             t ocean   and river views
                   2623
                6459
                                        Starfish Bethune




                 D Sloan              E side ofHill Street        0
                                                                44200 0
                                                                      38                         R f oceanfront
                                                                                                 MDR
                                                                                                 3A 50
             B Dillard 111              N of 1 lth Avenue
                                                                  10
                                                                  Apr              2670

                6471 2375




                                    Comparisons          Conclusion Land Value



Sale I at 31 t per sq fr occurred in October of 2003              prior   to   the market    heating up Sale 1 is an
excellent oceanfront commercial site Sale 1 is located 0 mile south
                                                       45 f                                 of Flagler Avenue slightly
outside of the     positive
                   synergy                                      commercial
                                        influence ofthe intense retail and tourist influenced                            area


Sale 1 has been listed at 42 fper sq fr for at least a year and half with no interest or offers The
lack of interest in this excellent site provides market based evidence that there is
                                                                                     essentially no
demand for oceanfront         commercial
                              multifamily development                       and that current market values         are   well
below the    prices     reachedduring the boom

Sale 2 at   53                   assemblage that occurred during late 2003 and early 2004 for 1 t
                   tper sq ft is an                                                                2
acres directly on the ocean with
                                  frontage on N Atlantic Avenue and Esther Street Sale 2 is superior
to the subject as to having direct ocean frontage and functional size of the site Sale 2 was assembled

by a development group Sale 2 was sold in the summer of 2008 to the Trust for Public Land of
                                                                                          City
New Smyrna Beach for 84 t per sq ft after market conditions had begun to decline but
                                                                                             prior to the
detrimental events that occurred later that fall The 2008 sale is not considered to be indicative of

market value


Sale 3 at 49           per sq ft occurred in June of 2004 for the vacant oceanfront commercial site                adjacent
                   t

to                s
     the south of Chase and       two   blocks north of the    signalized                      h
                                                                               intersection of 27 Avenue and the




REED APPRAISAL COMPANY                                                                                               Page   10

Page 61 of 303
Regular Meeting - November 13, 2012

public   beach      access   with   parking    lot    Although certainly             away from the direct influence of Flagler
Avenue        there   are   commercial       uses   in this   area   of southern New             Smyrna    Beach


Sale 4 at 43 f per sq fr occurred in August of 2004 for the vacant site behind the Beach Patrol
station on the northeast corner S Atlantic and Columbus Avenues and the northwest corner of
Buenos Aires Street Sale4 is considered                   particularly         relevant because it is        not   oceanfront and is
located in the intense         Flagler      influenced   area




Sale 5 at 37 t per sq ft is an assemblage that occurred in November of 2004 and May of 2005 for a
                                                        d
0 acre commercial site on the northwest corner of 3 Avenue and S Atlantic Avenue Sale 5 is
95 t

located 1 z blocks          west    of the   ocean   and has indirect          ocean       views    particularly    from   a   second story

or   higher    Sale 5 is considered to bracket the low end of the boom influenced market                                       activity

Sale 6   at   55     t
                         per sq fr occurred in June of 2005 fora 0 acre oceanfront commercial site of
                                                                 46 t                         a
a   block north of Flagler Avenue Sale 6 is                   superior    to   the   subject as to being       oceanfront and occurred
near   the   peak    ofthe boom The current market value of the                          subject should        be   significantly   lower

than the 55      t
                      per sq fr indicated       by    Sale 6


The  only commercial transaction discovered but not presented was the assemblage of the site for the
Vizcaya condos in August of 2006 at 94 t per sq fr This transaction appears to have been heavily
influenced by the boom market and is well above the range ofthe market activity presented It is

noted that the footers of the development have been in place for several years with no activity


Sale 7 at 31 f per sq ft occurred in   August of 2009 as a deed in lieu of foreclosure for an
oceanfront site purchased                    financing in December of 2004 at 41 f per sq ft
                                     with 75 owner
As a deed in lieu for the remaining mortgage balance which was not due unit February of 2010 Sale
7 indicates that a higher price was not able to be achieved to satisfy the debt obligation Sale 7 is also

considered useful because the 41 t per sq ft paid in December of 2004 is within the range of the
commercial sales presented


Sale 8 at 22 tper sq ft occurred in March of 2010 for                                a   residential site in Bethune Beach with
ocean    and river       views   but   no
                                            frontage   because it is located between S Atlantic Avenue and

Turtlemound Road Sale 8 is considered useful                         as   setting    the absolute lower end of the             probable   value

range for the       subject

Sale 9 at 27         per sq ft occurred in
                     f
                                                      April    of2010 for        an      oceanfront residential site located        on    Hill

Street just     north of I l Avenue


The recent residential site sales have occurred at unit                        prices     near    the lower end of the range indicated
by   the commercial site sales The fact that several residential oceanfront and                                ocean    view site sales

indicate that there is        some     demand in the residential end                 user   and
                                                                                            or       or   speculative   investment

market Market conditions have caused there to be            essentially                      no   multifamily
                                                                                                  demand for oceanfront
and commercial
or                          development which is evident by the lack of interest reported by listing brokers
and the fact that        other than the City acquisitions there have not been any commercial oceanfront site
sales for     over   four years




REED APPRAISAL COMPANY                                                                                                                Page       11


Page 62 of 303
Regular Meeting - November 13, 2012

Based   on   this market information and analysis and with consideration of the features of the subject
   zoning use no ocean
   land
site                                        good
                                   frontage high quality site proximity to Flagler Avenue etc                    it
is myopinion that the Market Value       of the fee interest in the   subject property   for the purposes of this

appraisal is

                                              30 per Sq Ft
                                               00




             VALUATION OF RIGHT OF WAY PARCEL                           PROPOSED EASEMENT




                                             Right    of Way Parcel


                          539
                          2     sq ft    @   30 per sq ft
                                              00                   76 rounded
                                                                   000



                                               Easement    Rights

Based   on   the    of fee estimate considered    applicable in this case and the fee land value as
estimated above     the Loss in Market Value to the    subject land as a result of the proposed easement
acquisition and use is estimated   as   follows


                     539
                     2     sq ft   @     00
                                        30 per sq ft      x   90        68 rounded
                                                                        500




                                                  o           e




REED APPRAISAL COMPANY                                                                                    Page   12

Page 63 of 303
Regular Meeting - November 13, 2012

                                 LOCATION MAP




                                                          SUBJECT




                                                               Q




                                                                           Z


                                                                   E   R

                                                                    Q9SP a
                                                                         PF
                                                                       F




         VOLUSIA COUNTY PROPERTY APPRAISER PARCEL AERIAL MAP

                          PARCEL      OVERLAY IS OFFSET




REED APPRAISAL COMPA
               VY                                                              Page 13

Page 64 of 303
Regular Meeting - November 13, 2012

     SKETCH                               LEGAL DESCRIPTION OF PROPOSED R1GHT OF WAY PARCEL




                                                                    SKETCH OF DESCRIPTION OF
                                                                         NOTA SURVEY

        RIGHT OF WAY PARCEL        A portion of Lot 107 ASSESSOR SUBDIVISION OF THE ROBERT WALKER GRANT Sedion 55
                                                         S
        Township 17 South Range 34 East acxording to the map or plat thereof rexrded in Map Book 3 Page 150 of the Public Records o
        Volusla County Florida being described as follows Commence at the southwest corner of said Lot 107 thence North 30 50 01
        West along the westerly Ikre o saitl Lot 107 a dtstence of 64 feet for the Point of Beginrng thence continue North 30 50 01
                                                                     73

        West along said westedy line of Lo 107 a distance of 35 feel to the southwest comer of Esther Street as shown on Map Book 11
                                                                 86
        Page 210 of the Public Records of Vdusia County Florida thence Norih 30 28 AB East along the south line of said Esther Street a
        distance of 9feel thence North 89 22 East along the south line of said Esther Street a dislarrce of 215 feet to the easterly
                     19                       49                                                               63

        Ilne of saki Lot 107 thence South 30 50 01 East along the easterly line of said Lot 107 a distance of 10 teat thence South 89
                                                                                                               46
        49 22 West a distance of 187 feet thence South 32 56 38 West a distance of 35 feel to the Point of Beginning Containing
                                    96                                                        52
        2
        539 square feet moreor leas

        REPORT
        1           Dasoriphon prepared by the undersigned at the request of the client
        2           Bearing refer to Department of Natural Resources ONR Coastal Construction Control Line Map Book 30 Page 20 dated 01             24
                    91 Public Records of Volusia County Florida and based on the calculated diredlon between DNR monument A           21 Northing
                                                                                                                                      2

                    702 Easting 537
                    1            908          893     072      23 Northing 1
                                                               754 710 Easting 533
                                                           and A                           679         680 being North 26 48 14 West
                                                                                                                  152as     454
                    The published coordinates listed above are based on the Florida State Plane Coordinate System East Zorre 1927 Adjustment

        3           Subject to restrictions reservations 11mNations easements and rights of way if any appearing of record
        4           This sketch of descdption and report prepared without the benefit of an abstract and no title work has been performed or provktetl
                    tothis surveyor
        5           This sketch of description and report s subject o any facts that may ba disclosed by aPutt and accurate title searrtt
        6           Underground utilities and features if any not located
        7           Dimensions indicated hereon are in Feel and decimals hereof uNess ottlerwise noted
        8           This sketch is not an actual Boundary Survey
        9           Not     valid withou the signature and Iho original raised seal of   a   Fbride Licensed   Surveyor and Mapper


                                                          ESTHER STREET                        Atf
                                                                                               a
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                                                                                                        sto                       H
                           2
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                                                          NT
                                                          PO OF
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                                                                             5 st1h
                                                                                  trsi                                                              6391
                                                                                                                                                    2
                                                                             tr Br flrtiUi G
                                                                             jy r3 R tiAt  j                                                   SQUARE FEET


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                                                                                              ad   urrsoFLOT 107



                                                 tn2
                caAPt sGALE
                c                                                                                                        Course       Bearlnq           Olstoncel
                                                                                                                            i           50
                                                                                                                                      30 Ot             35afi


            I                    so   i
                                      F
                                                        G                                                                  L2
                                                                                                                           L3
                                                                                                                                      30 46
                                                                                                                                        28 E
                                                                                                                                      89 22
                                                                                                                                        49 f
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                                                                                                                                                        61
                                                                                                                                                        215
                                                                                                                           L4     5    5D
                                                                                                                                      3D 01 E            1046
                RAY        OHTOF
                           ftWRY                                                                                           L5     5   89 22
                                                                                                                                        49
                                                                                                                                                        187
                                                                                                                                                        96
                      n




                P         P1A7
                                                                                                                           L6     S   32 3B
                                                                                                                                        56          W   3552
        DATE PREPARED                                101052010


        I hereby certify that this sketch of description of the subject property is true and correct to the best of my knowledge information and
        belief as prepared under my supervision on the dates shown trrereon I further tartly Thal Ihls sketch of description meals the minimum
        technical standards sal forth in F Rule 5J adopted by the Florida Board of Professional Surveyors and Mappers pursuant to
                                          AC                17
                                     0 subjetl
        Florida Statutes Ch 47227 to the qualifications noted hereon



        Signed                                                                                                             Sea

        DanielW Cory
        Professionat Surveyor and Mapper License Number 2027

       Daniel W
                            Cory Surveyor     Inc
                                                                                                                                      FILE N 2001
                     uthorizalton
       Canificale of 0 Number LB 251Ylr                                                                                                          09
                                                                                                                                                 039P
                                                                                                                                      Wark Order t210

       300 Canal Street                                                                                                               Part of LOT 107
       New Smyrna f3oach                  Florida 32188                                                                               Right of Way Parcel
       3B5 427
            9575
                                                                                                                                      CRA City of NSB




     A15 VIPANI
     1L
REED APPR CO
                                                                                                                                                                    Page   14

Page 65 of 303
Regular Meeting - November 13, 2012

                                               ENLARGED SKETCH




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REED APPRAISAL COMPANI                                                                                                    Page   l5

Page 66 of 303
Regular Meeting - November 13, 2012

                                                 REQUEST      FOR PROPOSAL




                             COMMUNITY REDEVELOPMENT AGENCY
                             CITY OF NEW S141YRNA BEACH
         1

         1                       TvLS L
                             210 SA AVfi1ti
                             FSMYR A BEACH FLORIDA 32168
                             W




                                                         Request      for    Quote
                                                                     For

                                              APPRAISAL SERVICES

             The City of New Smyrna Beach Community Redevelopment Agency CRA is
             soliciting a fee quotation for Appraisal Services for the property identified by the
             attached Sketch of Description Proposed Right of Way Parcel Worts Order 10
             09far a part of Lot 107 as prepared by Daniel W Cory Surveyor
             039P

             An     Appraisal of the part of Lot 107 depicted in the Sketch is needed for
                       Fee Simple Ownership
                       Easement for Vehicular and lJtility Access


             The Appraisal Report is required to be completed and delivered to the CRA                       no

             later than November 30 2010


             Please provide             a   e quotation by mail      or   hand delivered   no   later than 4 on
                                                                                                           OOPM

             Friday      November 12 2014


             Fee quotations and any related questions should be directed to
                          Tony Otte CRA Director
                                     Community Redevelopment Agency
                                     210 Sams Avenue New Smyrna Beach FL 32168
                                      2160
                                      385424
                                     cJciyoTnsb
                                     totte
                                     ccm




             FEE QUOTATION                           il
                                                   l ut p a



                                                              Reed
                                                                     Appraisal Company
             Company Name                                                                        dS
                                                                                                 1 h

                                                                 avi
                                                                                                 dIAHN
                                                                                                  r u
                                                                                                  1


             Authorized            Signature                                        ee           m
                                                                                                 Yi5 ay


                                                              Nocamher     Olt
             Date




                 al Please   see   attached   proposal




REED APPRAISAL COMPAI
               l                                                                                                  Pagc   16

Page 67 of 303
Regular Meeting - November 13, 2012

                                             PROPOSED BEACHFRONT PARK PLAN


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REED APPRAISAL COMPANY                                                                                                                                                                        Page 17

Page 68 of 303
Regular Meeting - November 13, 2012

                                     SUBJECT PHOTOGRAPHS




  1 East   on   Esther Street at Northwest Corner of Larger Parcel and     Proposed Right   of Way

                            Parcel   Orange   Cones at   Approx Location




                  2 South   on   N Atlantic Avenue at Intersection of Esther Street




               1PAN1
REED 4PPRAISAL C01                                                                           Page 18

Page 69 of 303
Regular Meeting - November 13, 2012




                        3 West Side of Proposed   Right   of Way Parcel




        4 North   on   N Atlantic Avenue Southwest Corner of Larger Parcel at   Right




REED APPRAISAL COMPANY                                                                  Page 19

Page 70 of 303
Regular Meeting - November 13, 2012




                            5 Close    Up   of Northwest Corner




                         6 East in   Proposed Right   of Way Parcel




REED APPRAISAL COMPANY                                                Page   20

Page 71 of 303
Regular Meeting - November 13, 2012




  7 West at Northeast End of Proposed   Right    of Way Parcel and Northeast Corner of Larger
                                           Parcel




  8 South Toward Northeast End of Proposed       Right    of Way Parcel and Northeast Corner of

                                        Larger   Parcel




REED APPRAISAL COMPANI                                                                   Page 21

Page 72 of 303
Regular Meeting - November 13, 2012

                     COMPARABLE SALES LOCATION MAPS




                                                                n




                                                                C
REED APPRAISAL COMPANI                                Page 22
Page 73 of 303
Regular Meeting - November 13, 2012




                                                    w
                                               ry




                                                        SALER




                                                        i
                                                        r
                                                        A




                   COMPARABLE SALES PARCEL AERIAL MAPS


                                      Sale l




REED APPRAISAL COMPANY                                          Page 23

Page 74 of 303
Regular Meeting - November 13, 2012

                                      Sale 2




                                      Sale 3




                                                           i
               4Nl
               OMP
REED APPRAISAL C                               Pagc   2d

Page 75 of 303
Regular Meeting - November 13, 2012

                                      Sale 4




                                      Sale 5




REED APPRAISAL COMPAISY                        Page 25

Page 76 of 303
Regular Meeting - November 13, 2012




                                      Sale 7




REED APPRAISAL COM11PA1
               1                               Page 26

Page 77 of 303
    Regular Meeting - November 13, 2012



i




                                                Sale 9

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    RF APPRAISAL COMPANY
    ED                                                                                 Page   27

    Page 78 of 303
Regular Meeting - November 13, 2012

                                           OWNER CONTACT LETTER

                             RETURN            RECIEPT DATED NOVEMBER                                  26Tx


                                       REED APPRAISAL COMPANY
                                       RTY                  PS
                                  REAL PROPF APPRAISERS AND CONSULTAN


                                 80 FAULKNL STREET SUITF B
                                    N                                                  oRIDAS2I68
                                                                      NEW SMVRNA BEACH FI
                             OFFICE   6 937 FAR 886 69261181
                                        4902                                  EMAIL   daWd
                                                                                      cam
                                                                                      radapprai9a


                                            CerUDed b4ai1 7009 2250 0000          2723 1194




         November 22 2010


         Ocean View Condominium COA

         207 North Atlamic Avenue
         New     Smyrna Beach FL       32168




         RE        New   Smyrna    Beach  Community Redevelopmem Agency Fsther Street Beachfront Park
                   Volusia   Coumy             s
                                      Property Appraiser Parcel ID 7455
                                                                   0001
                                                                   22           00


         Dear    Property Owner

        We hate been engaged by the New Smyrna Beach Community Redevelopment Agency to do an

        appraisal of your property for the above referenced project related to the proposed easemem oil your
        property Included with Utis letter is sketch of the proposed acquisition
                                                        a                                            area




         It is     to
                   polic offer you or your representative theopportunity to
                 our                                                                           meet   us   at   the   property   and
        answer     questions you may have about the project your property and                  our   appraisal

         Please call   me   at   386 if you wish to arrange
                                 9127
                                    847                                   a   meeting    or   discuss this matter by phone


         In addition any informatitm you          can   provide us which will   assist   us   in   properly performing this
        appraisal will be gently appreciated

        Your assistane and         eoopaation     are
                                                        appreciated

        Sincereh

        RFAPPRAISAL CO
        ED          4PANY




        David S Reed
        Smte Certified General        Appraiser
        Certificate RZ3244




            her
         rocjtktYabcfrv4 Barb           v
                                        aa
                                   emJw 107 rowactelxrdxx




REED APPRAISAL COMPANY                                                                                                                 Page 28
Page 79 of 303
Regular Meeting - November 13, 2012

                                      ASSUMPTIONS                 AND LIMITING CONDITIONS


In   accepting this appraisal report the employer agrees that the descriptions se forth herein correctly describe                          he property
and   proposed right of way parcel and easement that were to be appraised

No responsibility is assumed by the appraiser for legal matters nor is any opinion                       on   the title rendered herewith The
appraiser assumes that the title to the property is good and marketable

Unless stated otherwise in this report all              existing liens   and encumbrances if any have been           disregarded       and the property

is appraised       as   though free and clear

Certain information used in      compiling his report was            furnished he        appraiser by outside sources that he considers
reliable The        appraiser however does no warrant the                accuracy of such data     although so far as possible has checked        the

information and believes it         to   be   correct



Neither Inor anyone           employed by       me   has any present      or   contemplated   interest in the property     appraised

Exhibits in his report         are approximate and are presented to assist the reader in visualizing the property and the proposed

easement       The client     provided the Description Sketch   Legal Description and I assume no responsibility for accuracy

The orange                                                                                    way
                                                                                              of
            cones in the photographs are intended to represent approximate locations of road right and the


proposed right of way parcel and easement These markers were placed by the appraiser without benefit of staking aze
intended for general illustrative purposes only and I assume no responsibility for accuracy with regard to the true or actual

                      o
                      way
locations of the road right or the proposed easement


Unless stated otherwise in this report         no responsibility is assumed for physical or legal defects in the subject property

which would         not   be readily ascertainable upon typical visual inspection including but not limited to subsoil drainage
hazardous material contamination and               boundary

No environmental audit          was   provided for my       consideration and      no   responsibility   is assumed for such matters which        are


beyond    he scope of this real estate      appraisal

This is   a                summary
              limited appraisal appraisal reporN which does no contain all of he supporting data                                    typically found
in a selfappraisal report All such material is maintained in my files and is incorporated herein by reference
     contained
Any user of this limited scope report may need further assistance explanation and documentation to properly
                                                                              or
understand and  use this report The appraiser assumes no responsibility or liability for any misuse of this limited scope


report that may result from failure of the client or user to obtain further assistance The appraisal is limited as to
consideration of only land and affected improvements if any There are no damages to the unencumbered remainder
property      A before and after valuation would               produce     the   same   result


Disclosure of the contents ofthis  appraisal report is governed by the Uniform Standards of Professional Appraisal
Practice of the Appraisal Foundation and by he Code of Professional Ethics and he Standards of Professional Appraisal
Practice of the Appraisal Institute


Neither all   nor any part of the contents of his report especially any conclusions as to value the identity of the appraiser

or   the firm with which he is shall be disseminated to the public through
                             connected                                                                    advertising
                                                                                                  media public relations
media     news      media sales media or any other public           means      of communication without the        prior   written consent and

approval      of   the undersigned




REED APPRAISAL COMPANY                                                                                                                         Page 29

Page 80 of 303
Regular Meeting - November 13, 2012

                                 QUALIFICATIONS                  OF THE APPRAISER




                                                       David S Reed


Employment        2002    2003 Coldwell Banker Commercial Nicholson Williams                Realty
                   Jacksonville FL
                   2003   Presem Reed       AppraisaPCompany           Lakeland FL


Education         University    of North Florida BSBA Degree 2002 major in Finance Investments


Florida   Dept    Licensed Sales Associate
of Professional   Awarded     September 2002
Regulation         License Number SL 3034890


                  Registered Trainee Appraiser
                  Awarded July 2004
                  License Number RI14428


                  Certified General    Appraiser
                  Awarded October 2008
                  Certificate Number RZ3244


Professional      Appraisal   Institute    1 10   Principles
Education         Appraisal    Institute   120 Procedures

                  Appraisal nstitute       310 Basic Income   Capitalization
                  Appraisal Institute      320 General   Applications
                  Appraisal nstitute       400G    General Market Analysis        Highest and   Best Use

                  Appraisal Institute      410 USPAP
                  Appraisal Institute      510 Advanced Income          Capitalization
                  Appraisal Institute      530 Advanced Sales        Comparison      Cost Approaches

                  Appraisal Institute      700GRE The          Appraiser as an expert Witness Preparation

                  Testimony

                  Appraisal Institute       705 GRE Litigation Appraising Specialized Topics and
                  Applications
                  Appraisal nstitute                        Appraising Principles
                                           715GRE Condemnation

                  Applications
                  American Society of Farm Managers     Rural Appraisers Yellow Book
                  Uniform Appraisal Standards of Federal Land Acquisition


Professional      Associate Member         Appraisal   Institute
Affiliations


Appraisal         Apartments auto dealerships condemnation easement takings electric and
Experience        sewer commercial and mixed use developments vacant land lease interests office
                  buildings office rent surveys ranches farms residences retail stores restaurants
                  motels shopping centers subdivisions residential commercial and industrial
                  warehouses and industrialproperties airport land airport hangar rent           surveys
                  bowling alleys truck terminals less rights conservation
                                                 fee
                                                 than

                  easements of development rights veterinary offices
                  purchase




REED APPRAISAL COMPANY                                                                                      Page 30
Page 81 of 303
Regular Meeting - November 13, 2012

                                                  CERTIFICATE OF APPRAISER



The   undersigned      does   hereby certify that        except    as   otherwise noted in the appraisal report

1     1 have   no   present or contemplated interest in the real              estate that is the       subject   ofthis   appraisal   report


2     1 have   no   personal interest or bias with respect to the subject matter of this appraisal report or the parties
      involved      My compensation is not contingent on an action or event resulting from the analyses opinions
      or    conclusions in    or   the   use   of this report


3     To the best of my knowledge and belief the statements offact contained in this appraisal report upon
      which the analyses opinions and conclusions expressed herein are based are true and correct


4     This   appraisal report sets forth all of the limiting conditions imposed by the terms of my assignment                                  or   by
      the   undersigned affecting the analyses opinions and conclusions contained in this report

      This    appraisal report     has been made in       conformity       with and is       subject   to the   requirements   of the Uniform
      Standards of Professional           Appraisal   Practice ofthe        Appraisal       Foundation and ofthe Code of Professional
      Ethics and Standards of Professional             Appraisal        Practice ofthe       Appraisal      Institute   formerly the   American
      Institute of Real Estate       Appraisers      of the National Association of REALTORS which includes the

      provision     for peer review


6     No other than the       undersigned prepared          the   analyses     conclusions and       opinions concerning real estate that
      aze   set forth in   this appraisal report The         undersigned       made     a   personal inspection ofthe appraised property

REED APPRAISAL COMPANY


                                                     Digitally signed by David 5 Reed

David S R                          p
                                           d            David     ReedAppraisal
                                                     DN cn 5 Reed o                          Company   ou


                                                    c
                                                    com
                                                    david@reedappraisalco
                                                    email
                                                    US
                                                                 0922
                                                                   00
                                                     Date 2010 16 05
                                                          11 30




David S Reed
State   Certified General          Appraiser
Certificate         RZ3244




010ofns6 st
cit
  089
rpt eslher docx




REED APPRAISAL COMPANY                                                                                                                     Page 31
Page 82 of 303
      Regular Meeting - November 13, 2012 ITEM SUMMARY
                             AGENDA
De artment Makin             Re    uest Assistant Cit                     s
                                                                     Mana er Office

Meetin     Date             November 13 2012
Action Item Title           Ranking of 901            S Atlantic Beach Park Professional             Design      Service
Providers

A ends Section                    Consent         x      Public Hearin                 Admin    Items
                                                                                                New

Summary Explanation               and      Background

The    City   issued    Request for Qualifications solicitation RFQ
                        a                                             4
                                                                      2012 on August 22
2012 for      providing Engineering Consultant Services for the design and permitting of the
901 S Atlantic Beach Park


Seven  Qualification Statements were received though the October 9 2012 deadline from
qualified Professional Engineering Firms A Staff Selection Committee consisting of the
Assistant City Manager the City Engineer the Planning Manager and the Capital

Projects Manager was tasked with reviewing and ranking the proposals The Selection
Committee chose three proposers to make oral                          presentations    that   were   held   on   October       23
2012 The committee was evenly split in the                             ranking   process    during    the first round of
deliberations        resulting    in   a   tie for 19    ranking
                                               between the top two firms In the                                      end       the
Selection Committee tie breaking process confirmed these rankings
                               1st    Anderson LLC
                                      Dixon
                                                2nd      Zev Cohen and Associates
                                                3rd      Parker       Mynchenberg      and Associates


Under the       guidelines        of the Consultants            Competitive Negotiations Act the top ranked
firm will submit   a scope of services and                    fee proposal If the top ranked firm and the City
are  able to agree to terms the City intends to enter into a contract for the desired services
If terms cannot be agreed upon the City may then according to ranked order enter into

negotiations      with the        competing           firms At this      time    all   of the   short firms
                                                                                                listed                         are

 otentiall      viable candidates for award of contract

            Motion
Recommended Action
Staff     recommends           that         the       City     Commission      accept the REQUEST FOR
QUALIFICATIONS Engineering Consultant Services                               RFQ 2012 Selection Committee
                                                                                   4
Rankings of Anderson LLC 1st Zev Cohen and Associates 2nd and Parker
            Dixon
Mynchenberg and Associates 3rd and authorize City Staff to enter into scope of services
and fee   ne    otiations for the          re   uired services

Funding Analysis Funding for the 901 S Atlantic Beach Park Project shall be from
pending ECHO Grants and other sources yet to be determined No funds are being
re    uested at this sta      a   of the        ro develo went
                                                ect

Exhibits Attached The Re                   uest   for Pro osal Packet
B
Reviewed                                   Name                            r     i     at   a


Assistant Cit         Mana    er           Khalid Resheidat                                                      v

Cit    Mana     er                         Pam Bran          accio
                                                                                                                           1
Finance Director                           Althea Philord                                                                            Z
Cit    Attorne                             Frank Gumme


Commission Action


      Page 83 of 303
                             AGENDA
      Regular Meeting - November 13, 2012 ITEM SUMMARY

De artment Makin          Re uest En neerin
Meetin      Date      1s Readin         November 13 2012                    d
                                                                           2 Readin         A
                                                                                            N

                                                                           ect
Action Item ntle Esther Street Beachfront Park and Stormwater Im rovements Pro

Agenda Section                 Consent X     Public Heazin            S ecial Items

Summary Explanation         and Background At this juncture ofthe Esther Street Beachfront Park and Stormwater

                                                          negotiated and
Improvements Project staff has reviewed negotiated re recommends four change order items be
implemented to    facilitate the drainage improvements
                                                          along N Atlantic Avenue There aze four 4 separate items
contained within change order number 4 and are described as follows
 1 Contractor change order request 7 involves the needed pipe and drainage structure revisions as needed to
account for a conflicting potable water main exposed during excavation efforts The 6 water main was actually

                                                             exfiltration
located in the same alignment as the proposed drainage pipe system therefore the drainage pipe size
horizontal and vertical position had to be adjusted to accommodate existing infrastructure The Contractor did

provide credit for the RCP pipe scheduled to be installed thereby offsetting additional cost The work involved
with this revision results in an increase of 5 as well as four additional contract days
                                              36
                                              702
Contractor change order request 9 involves needed drainage relief for a section of Condict Drive from N
2
Atlantic Avenue intersection westward along Condict Drive for approximately 225 This additional work was

anticipated at the awazd of the contract but there wasn sufficient survey data and utility coordination to design
                                                      t
the system The drainage revisions are needed to address chronic flooding in a mid low spot and will
                                                                                  block
interconnect to the N Atlantic Avenue drainage improvements providing positive relief In addition it includes a
resurfacing for the 225 The overall amount for this additional work is 43 and an additional seven
                                                                           42
                                                                           688
contract days

3 Contractor change order request 10 addresses sanitary sewer conflicts along Florida Avenue as well as N
Atlantic Avenue In order to accommodate existing sewer services the proposed drainage structure inlets
junction boxes needed to be raised along Florida Avenue This work also includes installation of a lazge conflict
structure where the drainage pipe dissects a sanitary sewer main and appropriately reimburses the Contractor for

             e
down time i equipment rental as a result of idle time during the redesign period The additional amount
associated with this change is 14 as well as seven contract days
                                  30
                                  817
4 Contractor change order request 11 During construction adjacent to the Normandy Avenue intersection it was
evident the existing retention pond was unsightly and needed to be addressed The pond which is located in a
residential area is encompassed by a rusty dilapidated chain link fence holds water in the bottom for an extended

period following rain events and has side slopes that are difficult to maintain Therefore it was determined at this
time to utilize excess fill from the project to raise the pond bottom and reshape the side slopes to flatten out the

embankment remove the old fencing and resod The cost for this upgrade is 4       50
                                                                                 507

All four   4 change   order request items will be funded via   budget   amendment with    supporting   funds   being
transferred from the Stormwater utility account Therefore it is recommended to approve all four items as           change
                          715
                          58
order 4 in the amount of 68 and a total of eighteen 18 days added to the contract time


            Motion
Recommended Action                     Approve change                            715
                                                                                 58
                                                        order 4 in the amount of 68 with
additional contract time of 18 da         a


Funding Analysis           Budgeted               If not   budget d      reco    mended   funding account s
                                                                                                  r       A
                                                                                                          i
Bud et Amendment Re uired                                                                                                      U
                                                                                                                               Z
                                                                                                                               tZ
Exhibits Attached        1 Chan    a   order 4    Contractor Chan          e    Order Re uest      s   7 1
                                                                                                        9 11
Reviewed B                                       Name                                         S    at

De    artment Director                           Khalid Resheidat                                                      v   t

Finance Director                                 Althea Philord
Cit    Attorne                                   Frank Gumme

City   Mana   er                                 Pam Bran accio
Commission Action




      Page 84 of 303
      Regular Meeting - November 13, 2012 ITEM SUMMARY
                             AGENDA




Department Making Request Public                     Works Fleet Division




                                                                        2 Reading
                                                                         d
Meeting Date                13L   Reading

Action Item 1 Interlocal
            itle                            Agreement      Renewal    Housing Authority               Fuel Services



Agenda Section                      Consent   X      Public   Hearing               Special   Items



Summary Explanation                 and   Background

The   City currently   has    an
                                   agreement with the New Smyrna Beach Housing Authority                to   provide   fuel
services for their vehicles TheHousing Authority is invoiced monthly for fuel furnished based on
actual cost plus ten percent 10 The amount of fuel furnished is minimal and has no impact on the
amount of fuel purchased or maintained in inventory by the City



The initial agreement expired September 30 2012 but allows for the option of renewing the agreement

by two consecutive one 1 year renewal terms if agreed upon by the City and the Housing Authority

The   City notified   the   Housing Authority     of the renewal    option   and received their intent   to renew      the

agreement The renewal             term will be effective   through September 30      2013




Recommended Action A
            Motion                                rove   the first consecutive       one      ear   renewal term

Funding Analysis                   Budgeted                If not   budgeted    recommended           funding    account




Exhibits Attached Renewal                 Request    Interlocal     Agreement

Reviewed B                                Name                                 Si    ature

Fleet Maintenance                         Brenda Hendrickson

De artment Director                       Khalid Resheidat

Finance Director                          Althea Philord
Cit    Attorne                            Frank Gumme
Cit    Mana    er                         Pam Bran accio                                                         CI    D


Commission Action




      Page 85 of 303
          Regular Meeting - November 13, 2012
Hendrickson Brenda

From                             Brian Clark   com
                                               bkclark@newsmyrnahousing
Sent                             Thursday November 01 2012 9 AM
                                                           41
To                               Hendrickson Brenda
Subject                          RE Fuel Services




Brenda
The   Housing Authority of the City of New Smyrna officially requests       the Commission to extent the Interlocal Agreement

to   continue to purchase fuel from the City of New Smyrna Beach


Thanks

Brian Clark



From Hendrickson Brenda          BHendricksonCalcitvofnsb
                                 com
                                 mailto
Sent    Thursday                    49 AM
                   November Ol 2012 8
To Brian Clark

Subject     Fuel Services


Brian


Our Interlocal                                i
               Agreement expired September 30 but allows the option of renewing the services for an additional year If
the Housing Authority would like to extend the agreement until September 30 2013 please submit a letter of intent email

or fax so I can present the renewal to the commission for approval




We look forward to continue       providing    your fuel needs   If you have any   questions or   concerns   please   don hesitate to
                                                                                                                      t

call


Thank you
Brenda


Brenda Hendrickson
Fleet Maintenance    Supervisor
City   of New   Smyrna   Beach
  424
  2210
3 86
386 fax
   424
2198
bhendrickson ityofn sb
u             c     com




          Page 86 of 303
Regular Meeting - November 13, 2012

                                AGREEMENT FOR FLEET FUELING SERVICES




              Agreement made and entered into this L
           This                                     3 day of       V@1
                                                                   1                  ZGI        by
and between the City of New Smyrna Beach a Florida municipal corporation hereinafter referred to as

CITY and the Housing Authority of the City of New Smyrna Beach a public body corporate and
politic hereinafter referred to as HOUSING AUTHORITY

                                                              WITNESSETH



           Whereas      theCity owns operates and maintains                 a   fleet   fueling facility   located at 124 Industrial

Park Avenue New          Smyrna Beach Florida and

           Whereas the Housing Authority requires the performance of fleet fueling                          services for its fleet of

vehicles   as   requested     and


         Whereas the City agrees               to   provide   such services     subject   to the terms and conditions     contained
in this Agreement and


                                               authorized     to enter into an     interlocal agreement pursuant        to Sections
       Whereas         the    parties    are


163 and 421 Florida Statutes
01      11


       Now therefore the                parties   hereto agree   as   follows



RELATIONSHIP BETWEEN PARTIES



             expressly agreed and understood that the CITY and the HOUSING AUTHORITY are in all
           It is

respects independent contractors as to the services to be performed for each other under this Agreement
and are in no respect agents servants or employees ofeach other


                                                                                             to act as liaison between each other
       City           Housing Authority shall designate
                   and the                                                the   person
                                                                                s
for the purposes of carrying out this ageement



           The extent and character of the services to be                performed      shall be subject to the general control of
the                                        her
   Housing Authority Executive Director or his authorized                                  representative and the New Smyrna
Beach City Manager or his authorized representative
                      her


         Recognizing that the City and Housing Authority maintain a mutual and continuing interest in the
objectives of this Agreement all participating personnel shall conform to a Standard Code of Conduct as
established by their respective Personnel Policies and Procedures        Any employee who engages in
inappropriate conduct or is incompetent or negligent in the due and proper performance of duties or is
disorderly dishonest drunk under the influence of drugs or grossly discourteous in regards to the
objectives of this Agreement is in violation and shall be subject to disciplinary action as provided in the




Page 87 of 303
Regular Meeting - November 13, 2012

applicable policies        and procedures The            nature    and     extent   of any such   disciplinary   action shall be within
the discretion ofthe        respective employer

USE OF AGREEMENT


          All vehicles         of the   Housing Authority shall utilize the fleet fueling services                        available   by
placement       of a Vehicle      Request with the New Smyrna Beach Fleet Maintenance Facility

TERM OF AGREEMENT



          This    Agreement        shall   commence on           its effective date and shall remain in effect until        September
30      2012     This
                         Agreement         may be extended for two                 2   additional   one   I   year terms    by mutual
agreement of both         parties

          This agreement shall             cover     up to period renewable annually Each year this
                                                             a   three 3 year

Agreement may be modified if agreed upon in writing by both parties At the option of both parties
and upon approval by the respective governing bodies this Agreement may be extended beyond the initial

three 3 year period


TERMINATION OF AGREEMENT



          Either party may terminate this              Agreement          at its   convenience   without cause with      sixty 60 days
advance written notice to the other party This agreement may be terminated for                                   cause
                                                                                                                         upon 24 hours
advance notice       by   either party In the          event     of   a   termination the Housing Authority         shall be liable for

the payment of all services            provided prior to     the effective date of termination


FLEET FUELING FACILITY



          The New    Smyrna             Beach Fleet Fueling Facility               shall be open and accessible      twenty 24
                                                                                                                     four
hours    a day seven 7 days             per week including holidays


SCOPE OF SERVICES



          The     City       provide fueling
                          shall                         services      to maintain the              s
                                                                                           Housing Authority of vehicles
                                                                                                   fleet
consistent with the       s
                          City fleet practices

          The     Housing Authority          shall   provide a list of all vehicles authorized to receive fuel The City
shall   furnish    at a cost      no   greater            s
                                                 than the City actual cost to the Housing Authority fuel access keys

uniquely programmed            to each vehicle




          Allfueling services shall be provided at the City Fleet Maintenance Facility The Housing
                                                         s
Authority  shall be responsible for fueling its vehicles provided that it may request the City to transport
fuel to any such vehicle that is disabled In the event that the City provides fuel transporting services it

                             s
shall do so only at Housing Authority sole cost and expense as provided herein




Page 88 of 303
Regular Meeting - November 13, 2012


           The   City    shall     use   its best efforts   tomaintain all records and reports which shall be considered

public records The City warrants                     that the services furnished hereunder for any vehicle owned by the

Housing Authority shall conform to the usual                      and customary standard       pertaining    to   the   furnishing    of such
services by the City for their own vehicles


           In the event of a             shortage    of fuel     City   vehicles shall have       priority   over    Housing Authority
vehicles



COMPENSATION AND COSTS


           All direct    costs     will be accounted for         by   vehicle identification


           Fuel furnished shall be billed based                  on   actual cost to the   City   at the time      of fuel    consumption
plus ten   percent   10            for overhead and administrative            costs




                         for       fuel service call will include travel time to the               location       and time spent at the
           Charges             a


location     at a   standazd        hourly    rate   of 50 If an emergency service call is necessary after normal
                                                          00

working hours        a   minimum two charge will be
                                 hour                                        imposed All City         responses to      a   request for fuel
services during normal             hours   orafter
                                           hours                 shall be   subject to availability   of City   personnel

BILLING



           The   City shall invoice the Housing Authority for services performed pursuant                               to this  Agreement
on a  monthly       basis          A summarized        listing    of services shall be included with the invoice                    Housing
Authority shall      remit         payment    to the New         Smyrna      Beach    Finance Department within              thirty days of
billing

DISPUTES



        Any disputes regarding               services   covered       under this agreement shall be mediated             by the respective
representatives ofthe parties

HOLD HARMLESS AND INDEMNIFICATION



           The   City    and the     Housing Authority           agree that each party will be        responsible for its       own   acts or

omissions and the results thereof and shall not be   responsible for the acts or omissions of the other party
or the results thereof as a result of the undertakings agreed to in this Agreement Under this Agreement


                                                                                              s
each party further agrees that it will indemnify and defend the other party at the other party option
                                                   or

for any injury to persons or damage to property resulting in any manner from a negligent act or omission

ofthe indemnifying party or anyone directly or indirectly employed by the indemnifying party or anyone

directly or indirectly employed by the indemnifying party which arise from the undertakings agreed to in
this   Agreement




Page 89 of 303
Regular Meeting - November 13, 2012

         Nothing in this Agreement shall be deemed as a waiver of immunity or limits of liability of any of
the parties hereto beyond any statutory limited waiver of immunity or limits of liability which may have

been adopted by the Florida Legislature and nothing in this Agreement shall inure to the benefit of any
third parry for the purpose of allowing any claim which would otherwise be barred under the Doctrine of

Sovereign Immunity or by operation of law

             However City shall       not     be liable for any loss   or   damage    caused    Housing Authority
                                                                                               to                      due   to the

s
City inability      to   perform    in whole or in part because of a lack        or
                                                                                      shortage of City personnel or    fuel


WORKERS           COMPENSATION                 LIABILITY INSURANCE



    Housing Authority shall furnish workers compensation coverage to all of its employees participating
in or utilizing this agreement as required by Chapter 440 Florida Statutes In addition it shall provide

and name the City as an additional insured on a liability insurance policy or policies covering Housing

Authority operations under this agreement in a form and amount approved by the City Manager

ENTIRE        AGREEMENT            MODIFICATIONS



             This Agreement constitutes the entire agreement between the                      parties and   shall   supersede   all

previous communications representations                 or   agreements between the       parties hereto

             Amendments       which     aze   consistent with the purpose of this
                                                                                          Agreement   may be made with the
mutual   consent    of both   parties   and in accordance with other         applicable   laws and ordinances



WARRANTY



   Housing Authority          warrants      that it is atax
                                                       exempt           entity   and is otherwise not   subject     to any    local
state   or   federal taxes   or   licenses in connection with this agreement


APPLICABLE LAW



   This agreement shall be construed and               interpreted   in accordance with the laws of the State of Florida




Page 90 of 303
Regular Meeting - November 13, 2012

          IN WITNESS WHEREOF the                            parties   herein have caused this
                                                                                                Agreement   to be   executed   by
their   duly      authorized officers   as   of the   day   and year first above written


                                                                           CITY OF NEW SMYRNA           BEACH
                                                                           A   municipal corporation




                                                                                Adam     Barringer Mayor

ATTE




Johnny        B     soe


City    Clerk




Executed in the presence of



Witness        1                                                           Witness 2




        2
        C                                                                           L
                                                                                    Q


STATE OF FLORIDA

COUNTY OF VOLUSIA


          1    HERBY               undersigned duly authorized by law to administer oaths and take
                           CERTIFY the

acknowledgments did personally appear Adam Barringer and Johnny Bledsoe well known to me to be
the Mayor and City Clerk respectively ofthe City of New Smyrna Beach who have acknowledged that as

such Mayor and as such City Clerk and for and on behalf of the City of New Smyrna Beach each

executed the foregoing Fleet Fueling Agreement on the date and year herein written pursuant to the

authority of the City Commission ofthe City ofNew Smyrna Beach Florida

          WITNESS my hand and seal this                       L          day   of    r     ee          2011



                                    OFPCURIDA
                      rLBL1C5TATE
                                                                               f                pLc
                          tirsula Moccia
                      Commission    pD880103                               Notary Public
                                2
                                013
                       Expires FEfitE20
                          A4TICBQNDTNC
                      IAC AT CO mC




Page 91 of 303
Regular Meeting - November 13, 2012

                                                    NEW SMYRNA BEACH HOUSING AUTHORITY

                                                    a
                                                        public body corporate   and   politic




                                                    Brian Clark

                                                    Executive Director




Executed in the presence of


Witness I                                           Witness 2




ah
L


STATE OF FLORH
         A

COUNTY OF VOLUSIA




         he   fpregoing   Fleet Fuelin   greement     acknowledged before me by
                                                    was


                               GLT                                                                     behalf ofthe
              1O                          New   Smyrna Beach Housing Authority for          and   on


New   myrna Beach    Housing Authority




       WITNESS my hand and seal this
                                            D day            of                           ll




                                                    Notary   Public
                                                                                 JOHIyFIV RAY BlED8gE
                                                                                 NOTRRYPUBUC
                                                                                 STATE OF FLORIDA
                                                                                 Canmlf EE11G3033
                                                                                       1
                                                                                       sA13
                                                                                 Pxplt P




Page 92 of 303
       Regular Meeting - November 13, 2012 ITEM SUMMARY
                              AGENDA


De artment               Re iiest P                 and E       eerie
Mee         Date     lat Readin          2012
                                         11  132na Readin                          N
                                                                                   A

Action Item Title ECHO Grant                    lication South Atlantic Beach Park
      nda Section             Consent   X       Public Hearin           S ecial Items

Summary Explanation         Background In December 2011 City staff submitted two applications
                              and
for the ECHO Water Access Purchase     Program The intent of the ECHO Water Access program is
to purchase distressed properties at a reduced price in order to provide off parking While
                                                                         beach
neither of the two properties submitted by the City were chosen the County Council did approve
the purchase of an approximately one acre parcel at 901 South Atlantic Avenue The County
closed on the property at 901 South Atlantic Avenue on July 25 2012


In    May          City Commission formally approved partnering with the County in order to
            2012 the
construct the parking lot improvements and to maintain the parking lot     While the City and
County continue to negotiate regarding transfer of the property the City has continued to move
forward to begin the design process for the site A recommendation from staff regarding the top
ranked engineering firm is also scheduled for the November 13 2012 City Commission meeting


The                                                                                      s
      proposed project would seek to maximize parking on the property The City prototypical
restroom facility      picnic pavilions handicapped accessible beach access landscaping and
stormwater drainage are also proposed The estimated cost of the improvements is approximately

580 including the required temporary and permanent ECHO signs The ECHO grant program
        000
would require a 50 match from the City which would equate to an approximately 290 match from the
                                                                                          000
City   While staff has identified the solid waste undesignated fund as a source for this funding staff is also
                                                              000
requesting that the Volusia County Council allow up to 150 in CRA funds to be used as a match for this
grant      If the County Council allows CRA funds to be used as a match this would reduce the
amount needed from the solid waste undesi               nated fund
Recommended Action
            Motion            Approval of the attached resolution 1 authorizing the City
Manager     to submit the ECHO grantapplication for the two parcels 2 authorizing the City
Manager to submit a request to the Volusia County Council to allow up to 15000 funds
                                                                               0 in CRA
to be used as a grant match and 3 authorizing the allocation of the City 50 match not to
                                                                    s
         0
exceed 290 00
F     atn Analysis           Budgeted       N                                funding account
                                                   If not budgeted recommended
       533         ZS 7d2fa
                      al
                      e                          SOlid Waste Undesignated Fund Balance analysis                   of

unassigned       and balance would be       completed prior to commencement of the project and
                                                                                           or

                                                                                                                PP1
                                                                                                                o
                                                                                                Fund Sf A                oa
                                                     Community Redevelopment Agency
                                                                                                                  pY     t

Exhibits Attached            Draft ECHO Grant         Application 2       Resolution    3   Letter to Volusia   County
Council re             use   of CRA funds
Reviewed B                              Name                                 Si nature
De artment Director                     Gail Henrikson
Finance Director                        Althea Philord
Cit    Attorne                          Frank Gumme
Cit    Mana   er                        Pam Bran      accio                                                coo


Commission Action




       Page 93 of 303
 Regular Meeting - November 13, 2012

                                                RESOLUTION NO p512


             A    RESOLUTION             AUTHORIZING               THE    CITY     MANAGER          TO
             EXECUTE AN APPLICATION TO VOLUSIA ECHO PROGRAM
             FOR GRANT             MONEYS TO FUND                  THE    CONSTRUCTION              OF
             IMPROVEMENTS AT THE SOUTH                             ATLANTIC BEACH PARK
             PROPERTY LOCATED ON                       APPROXIMATELY ONE ACRE OF
             PROPERTY            LOCATED           AT 901      SOUTH       ATLANTIC AVENUE
             THAT WILL BE DEVELOPED                   PARKING      BEACH
                                                               FOR OFF
             AUTHORIZING                THE     REQUEST THAT
                                                CITY    MANAGER           TO

                                                      00
             THE VOLUSIA COUNTY COUNCIL ALLOW UP TO 150     000
             IN COMMUNITY REDEVELOPMENT AGENCY CRA FUNDS
             BE ALLOWED TO BE USED AS A MATCH FOR THE PROJECT
             PROVIDING FOR CERTIFICATION TO VOLUSIA ECHO THAT
             ALL OF THE INFORMATION WITHIN THE APPLICATION AND
             ACCOMPANYING MATERIALS IS TRUE AND                                   CORRECT       AND
             THAT THE            CITY OF NEW SMYRNA BEACH WILL COMPLY
             WITH          THE       CONDITIONS               OF    THE        GRANT      AWARD

             AGREEMENT               INCLUDING          THE RESTRICTIVE COVENANTS
             IF   THE APPLICATION IS                   FUNDED           PROVIDING THAT THE
             CITY     OF NEW            SMYRNA BEACH               WILL DEDICATE              UP    TO

             289 IN MATCHING
             00748                                       FUNDS          FROM     UNDESIGNATED
              BALANCE         IN     THE      SANITATION           FUND         PROVIDING FOR
              CONFLICTING               RESOLUTIONS             AND      PROVIDING       FOR        AN
              EFFECTIVE DATE


           WHERERAS the 2010 CRA Master Plan Update lists broadening of the tourism market
as   one   of the primary goals for the CRA including increasing pazking capacity within the
oceanfront tourism azea and


                           the             2011 Volusia      County Beach Safety Study    identified three of the
           WHERERAS              August
top five beach    access   ramps   as
                                        being   located in   New Smyrna Beach and


           WHERERAS the County of Volusia purchased                      an   approximately   one
                                                                                                    1    acre
                                                                                                                pazcel
July   25 2012 for   use as   offparking and
                              beach


           WHEREAS the        City   of New     Smyma    Beach     on
                                                                        May 8 2012 agreed      to partner with the

County     of Volusia to construct and maintain the offpazking area and
                                                    beach


        WHEREAS the City Commission deems it is in the best interest of the citizens of the
City of New Smyrna Beach to authorize the City Manager to execute an application to Volusia
Echo Program for grant moneys to fund the construction of improvements at the South Atlantic
Beach Park property


                                               TY
           NOW THEREFORE BE IT RESOLVED BY THE C COMMISSION OF THE
CITY OF NEWSMYRNA BEACH FLORIDA




 Page 94 of 303
 Regular Meeting - November 13, 2012



SECTION 1                       Authorization          to Execute   Application      That the   City Commission hereby
authorizes Pam          Brangaccio City Manager               to execute anapplication to Volusia Echo Program
for      moneys to fund the construction
      grant                                                   of improvements at the South Atlantic Beach Park

property Said application is more particularly described                      as   follows


                  SEE EXHIBIT A ATTACHED HERETO AND BY REFERENCE
                  MADE A PART HEREOF


SECTION 2                       Authorization          to   Request    Ise  of Community Redevelopment Agency
CRA       Funds         That the   City   Commission          hereby   authorizes Pam  Brangaccio City Manager to
transmit      a   request   to the Volusia       County     Council to                          00
                                                                         allow the use of up to 150 in CRA
                                                                                                       000
funds to be used         as a   match for the grant


                                                   to Volusia Echo           The   City   of New   Smyrna    Beach certifies
SECTION 3                        Certification
to the   following

                       That all   information within the          application      and    accompanying     materials is true
and correct


                       That the    City   will    comply     with the conditions of the Grant Award               Agreement
including     the Restrictive Covenants


SECTION 4           Availability of Funds That the City of New Smyrna Beach will dedicate
                                                                           the South Atlantic
up to 289 in matching funds for the construction of improvements at
      00     748
Beach Park properties such funds to be transferred from the undesignated fund balance in the
Sanitation Fund


SECTION 5                        Conflicting Resolutions            That all other resolutions     or   parts thereof that
are   in conflict with this resolution           are   hereby   rescinded and      repealed

SECTION            6             Effective   Date That this resolution shall take effect            immediately     upon its
final   adoption

APPROVED AS TO FORM AND CORRECTNESS




           GUMMEY
              B                     III

City Attorney

DATE


                                                            PAGE 2 OF 2




 Page 95 of 303
      Regular Meeting - November 13, 2012


                                City of          New          Smyrna             Beach


October   30   2012




Margaret Schnebly Hodge          ECHO   Program Coordinator
County of Volusia Growth         Resource   Management
Room 200
123 W Indiana Avenue
Deland 32720




RE      SOUTH        ATLANTIC         BEACH      PARK          REQUEST      TO   USE   COMMUNITY
        REDEVELOPMENT AGENCY                CRA     FUNDS


Dear Ms     Hodge

Enclosed is     arequest for the Volusia County Council to allow the use of up to
                    letter of

150 as part of the required City ECHO grant match for the above project
00000                                                     referenced
Please forward this letter to the            s
                                      County Manager office for     Council consideration


Please feel free to contact      me   with any   questions   you may have   I may be reached at   386
424 or via email
2108                       com
                           pbrangaccio
                           a
                           cityofnsb

Sincerely



Pam   Brangaccio
City Manager

Cc      Frank B   Gummey III City Attorney
        Gail   Henrikson Planning Manager




      Page 96 of 303210     Sams   Avenue New Smyrna Beach            9985
                                                                   FL 32168
   Regular Meeting - November 13,
SOUTH ATLANTIC BEACH PARK                             2012
OCTOBER 30 2012
PAGE 2
       SM


                                    City             of fVew              Smyrna              Beach

     EA
October      30   2012




Jim   Dineen County Manager
County      of Volusia

County      Administration
123 W Indiana Avenue
Deland 32720




RE          SOUTH        ATLANTIC              BEACH        PARK          REQUEST       TO    USE           COMMUNITY
            REDEVELOPMENT AGENCY                      CRA         FUNDS


Dear Mr Dineen


Please consider this             letter   as   the   City   of New   Smyrna   Beach formal
                                                                     request for County
                                                                              s

                              Community Redevelopment
Council consideration to utilize                        Agency CRA funds as a match
for the above ECHO application
          referenced                         The City has submitted an ECHO grant

application to construct between 75 off parking spaces a restroom facility
                                 100 beach

handicapped   accessible beach access picnic pavilions and landscaping and stormwater

improvements            on   a  parcel     located at 901         South Atlantic Avenue      Additionally      the   City
Commission            has     agreed      to    commit       to    term
                                                                   long       on
                                                                              going       maintenance         of    these

improvements

The   properly        which is located within the           s
                                                            City CRA District   was   purchased by     Volusia     County
                                                                                       Commission authorized the
in   July   2012      On     August 28 2012          the New  Smyrna          City
                                                                          Beach
issuance of       a   Request     for Qualifications                       design of the
                                                            RFQ for engineering services          for the

parking lot and associated infrastructure The RFQs were received on October 9 2012 and
evaluated by an internal staff ranking committee      The committee will be making a
recommendation regarding award of the contract to the City Commission on November 13
2012


The    parcel     which is located        on   the east side of South Atlantic    Avenue     is   approximately 1
                                                                                                                600
feet from the          d
                      3 Avenue       Beach  approximately 2
                                                Ramp      800
                                                        and                  Flagler Avenue
                                                                                      feet from the
Beach Ramp Per information in the Volusia County Beach Safety Study dated August 2011
                                     d
an average of 285 vehicles use the 3 Avenue Beach Ramp on weekdays and an average of

852 vehicles use the ramp on weekend days        An average of 521 vehicles use the Flagler
Avenue Beach Ramp on weekdays and an average of 916 vehicles use this ramp on weekend

days Also per the 2011 Beach Safety Study New Smyrna Beach consistently has three of the
top five busiest beach ramps in Volusia County In total there are approximately 3 beach
                                                                                300
                                       of Volusia County with approximately 2 of those
                                                                             100
parking spaces along the east coast
      Page 97 of 303210 Sams Avenue                    New    Smyrna Beach       9985
                                                                              FL 32168
   Regular Meeting - November 13,
SOUTH ATLANTIC BEACH PARK                 2012
OCTOBER        30   2012
PAGE 2


                   Smyrna Beach There are also approximately 1 off parking
spaces located in New                                        000 beach
spaces Conversely the County issues approximately 20
                                                  000    000
                                                         25 annual passes and
400 daily passes per year clearly demonstrating
     000                                                                   beach
                                                   the need for additional off

parking facilities

The Volusia    County Beach Safety Study recommends the possible future eliminatin of off
beach    parking in front of the Flagler Avenue pavillion and beach ramp        If this occurs
additional off parking will be required Additionally the CRA Master Plan Update 2010
           beach
lists broadening of the tourism market as one of the primary goals for the CRA One of the

objectives under this goal is to increase parking capacity within the oceanfront tourism area
This parcel which is located within the CRA district would provide much needed off    beach
and remote parking for nearby businesses and would support       the goals of the CRA Master
Plan


The                                        going
     proposed project is the result of the on partnership and cooperation between the
County of Volusia and the City of New Smyrna Beach There is a demonstrated need for the
additional parking spaces which will serve both residents of and visitors to the County The
                                                                          00       000
City respectfully requests that the County Council allow the use of up to 150 in CRA
funds as a match towards completion of this project


Please feel free to contact     me questions you
                                     with any           may have   I may be reached at   386
424
2108        or   via email   pbrangaccio
                             a
                             com
                             citvofnsb

Sincerely


Pam  Brangaccio
City Manager

Cc      Frank B   Gummey III City Attorney
        Gail   Henrikson Planning Manager




      Page 98 of 303210      Sams   Avenue New Smyrna Beach      9985
                                                              FL 32168
Regular Meeting - November 13, 2012
                                  CITY   OF
                           NEW SMYRNA BEACH




                   VOLUSIA COUNTY ECHO APPLICATION

                                        2013
                          GRANT YEAR 2012




Page 99 of 303
Regular Meeting - November 13, 2012New
                        City    OF Smyrna Beach
                  2612 Volusia County ECHO Application
                  13
                      Holland Park Improvements




                       I   I
                       SEC 1 I




Page 100 of 303
          Regular Meeting - November 13, 2012
           11    GRANT APPLICATION FORM                                                                              PACE 1   oe   3



1 Applicant           Legal   name   of organization   as   incorporated   in the State of Florida


City   of New    Smyrna    Beach


Address Mailing 210 Sams Avenue


City     New   Smyrna   Beach                                                   State FL       Zip Code      32168


Address Physical Location 210 Sams Avenue


City     New   Smyrna   Beach                                                   State FL       Zio Code 32168



Telephone      Number 2134
               Area 386  424                                                        Number 2148
                                                                                Fax Area 386  424


Email ehenriksonnn citvofnsb
                   com                                                Other



2 FEID          6000387
                59


3 Resident County                             3
                          Council District of Project


4 Contact      Person


First Gail                                                  Last Henrikson


Title    Planning Manager
                                                                                Mail a
                                                                                Eghenrikson
Telephone                      2134
               Area CodeMumber 386424                                                cityofnsb
                                                                                     com

5   Project    Title South Atlantic Beach Park



6   Project    Location Address 901 South Atlantic Avenue


City     New Smvrna Beach                                                        Zip Code      32169



7   Type   of Project   Check   One See ECHO          Project Categories      Appendix   A page      1


     a        Renovation
                              b        Restoration           c   New         Construction        d       Acquisition

              Historic Reimbursement             fl     Off Parking Reimbursement
                                                        Beach
     e

     g        Check   requested   at   closing

     h Other Explain              Beach
                                  Off             Parking


8 ECHO         Category                                         page
                          see definitions in the Guide Appendix A                 I check all that   apply

     E      EnvironmentaUEcological C            Cultural    H       Historical O
                                                                     Heritage                  Outdoor Recreation




          Page 101 of 303
     Regular Meeting - November 13, 2012
1 APPLICATION FORM
 1                                                           l
                                                             cont                                                                 PncE 2        of   3

9    The      project    site or facility is Check one
     Owned  by         the applicant          Leased by the                     applicant
     Applicant is negotiating                       aLand        Project Management Agreement

     a      If applicant is           leasing        has     a   Land   Management     or   Project Management Agreement           or   is   requesting
            acquisition             list the lessor and current owner contact and address


                                                                   Jim   Dineen County Manager
                                                                          County     of Volusia
                                                                     123 West Indiana Avenue

                                                                         Deland       FL 32720




     b      If Leased Project Management Agreement
                            or       Land      or


            Length         Agreement
                        of Lease TBD
                                   years remaining
            Lease dates TBD to TBD include month day
            Agreement                              year
NOTE Leases
     Agreements                                 must    be   binding and non
                                                                         cancelable


10 Is the  project site facility mortgaged or will it be                                      Yes         No
     Current mortgage                 At closing mortgage                                     will be

     Mortgage length         years   Date the term ends
     What is the Name and Address of the Mortgagee


NOTE Mortgagee                  or   Lessor      must   agree to  sign the Restrictive Covenants document if a grant is awarded unless the
project  is   on   State   or   Federal public land You           must include in this application confirmation from the Mortgagee or Lessor

that they   are    willing to sign       a    Restrictive    Covenants See section 1on page S of this application
                                                                                       6


11 Is the      facility         in   a
                                         Community Redevelopment                     District   CRA            Yes        No


12   Type      of Organization                  must     be either A or B to be               eligible

A    Municipal              government               or a    budgeted organization          of Volusia   County government
B        The       applicant         is aNot corporation
                                        Profit
                                        For                                           incorporated      in the State of Florida and has been
     classified        as
                             3
                             501 tax exempt under Federal Internal Revenue Service
                             c  a
                                                                                                                               regulations       and
     designated         in compliance with s ofthe Intemal Revenue Code of 1954
                                           170

                                                                               AND

     Has been     designated with                    the     c
                                                             501 and incorporated
                                                                3                               status   for   a   minimum of 2 years        prior   to

     the    application deadline
                                                                                     OR

     Has been classifed                  as    c  3
                                               501 incorporated                in the State of Florida for less than 2 years at the time
     of the    application            deadline but has             provided    sufficient evidence of operations for a minimum of 10
           Volusia County and provided the most recent 5 years of Independent
     years in                                                                                                             Certified Audits and

     Management Letters of the organization Annual Financial Statements
                               s
                                                                                     OR
     Has been classified                 as    501 registered
                                               c  3                           as a   Foreign Corporation doing          business in the State of

     Florida       a local group within Volusia County that can provide sufficient evidence of public
                    with
     service to Volusia County citizens for the five yeaz period prior to the ECHO application deadline




13   Mandatory Workshop                             Attended        by   Gail Henrikson                    Date attended        August 9        2012

     Page 102 of 303
         Regular Meeting - November 13, 2012
m   1 APPLICATION FORM
     1                                 l
                                       cont                                                       PAGE 3   of   3


    14   Project Funding GRANT    AMOUNT REQUEST AND     MATCH
         1   Standard Grant    Request Up to 400      000
             a  Total Amount  Requested from the Volusia ECHO Program          289
                                                                               00748
             b Confirmed Match Funds for this Project UC OM                    289 from Chart
                                                                               00748                        32
             c Overmatch not required                                          0   from   Chart   32
             d Total Project Cost This application Grant Match and Overmatch     4
                                                                               57996



         2 Exceptional   Grant                   000 800
                                 Requests Over 400 up to 1000

                               ECHO   Confirmed

                                                              Request               1
                                                                                   4 Match
                        MATCHED
          ANNUAL AMOUNT REQUESTED
                             Grant Year 1
                                           Grant Year 2
                                           Grant Year 3


          TOTAL EXCEPTIONAL PROJECT


    The availability of the 4 Match for all
                             1                    Grant Years must be documented      Section 3       in Grant

    Year It is not required however that all      Match Funds be used in the first year and may be shown
    as Match in the subsequent years but at       a   minimum of 41



         THE EXCEPTIONAL PROJECT APPLICANT                        AGREES           DOES NOT AGREE

             TO ACCEPT A GRANT AWARD OF                 000
                                                      400 FOR ONE        YEAR IF AN

             EXCEPTIONAL PROJECT GRANT AMOUNT IS NOT APPROVED BY THE

             ECHO GRANT REVIEW PANEL OR THE VOLUSIA COUNTY COUNCIL




             SIGNATURE
                               OFFIC WITH APPLICANT SIGNATURE
                               AL                   4UTHORITY




             TYPED NAME




             TITLE



             PHONE




         Page 103 of 303
                                                                                                                    5
Regular Meeting - November 13, 2012
1 EXECUTIVE SUMMARY
 2                                             Brief       concise information



1 Applicant         Citv of New Smvrna Beach


2   Project Name            South Atlantic Beach Park


3   ECHO        Categories        check mark                E                 C                  H                O

4   Total   Project      Cost     Estimate            579
                                                      00496


5      2013
    2012 Grant                Request         00748
                                              289


6   Previous ECHO Grant Awards                   this                    115 Property purchased by Volusia
                                                         project complex 1 000
    County in July 2012 using ECHO Water Access Grant Funds


7   Grant Match and Code                      00748
                                              289 UC




8   Project Description            Describe existing conditions and changes


    In    2011    the    County      of Volusia       began accepting         and    reviewing applications            for the ECHO

    Water Access            Grant     Program           The intent       of the
                                                                                     program         was   to   purchase     distressed

    properties     at   a   reduced rate to     provide      offparking Several distressed
                                                             beach                                                 properties      within

    the   City   of New     Smyrna     Beach    were      submitted for consideration



    Following      several months of review and                  ranking      the Volusia        County     Council     approved      the

    purchase      of the     subject property          at 901 South Atlantic Avenue                   As   part   of the review and


    ranking      process the        City   of New     Smyrna     Beach      agreed   to   partner with the County            to   develop
    and maintain the             properly    for offparking The
                                                 beach                              purchase     of the    property    was   completed
    in   July    2012       On    August 28 2012          the New    Smyrna         Beach   City     Commission authorized the

    issuance of     a
                         Request     for    Qualifications RFQ              for   engineering     services for the      design     of the

    parking      lot and associated infrastructure                 The      RFQs     were   received       on   October 9 2012 and

    evaluated       by      an    internal    staff    ranking     committee           The committee will              be    making       a



    recommendation               regarding    award of the contract to the                City   Commission       on   November          20

    2012



    The   project   will consist of construction of between 75 offpaved
                                                            100 beach                                           parking   spaces     a



    restroom      facility handicapped          accessible beach access picnic              pavilions and landscaping              and


    stormwater      improvements


         of 303
Page 104 Describe
9 Public Use existing and after                       project is complete

                                                                                                                                          6
  The Meeting November 13, 2012
Regularentire site- will be open for
                                                      public    uses   including    off parking
                                                                                    beach                     a   restroom       facility
     and    picnic pavilions


     The    parcel    is located    on   the east side of South Atlantic Avenue                              500
                                                                                               approximately 1 feet                from

     the     d
            3 Avenue         Beach       Ramp     and    approximately 2
                                                                       800           feet from the       Flagler       Avenue Beach


     Ramp       Per information in the Volusia                   County    Beach     Safety Study        dated      August 2011         an



     average of 285 vehicles             use   the     d
                                                      3 Avenue     Beach    Ramp       on   weekdays     and      an
                                                                                                                       average of 852

     vehicles   use    the ramp      on    weekend       days     An average of 521 vehicles            use   the      Flagler   Avenue


     Beach    Ramp      on
                             weekdays       and   an
                                                        average of 916 vehicles       use   this ramp    on   weekend      days     Also


     per the 2011 Beach            Safety Study          New    Smyrna     Beach     consistently      has three of the top five

     busiest beach ramps in Volusia                  County


     The Volusia        County      Beach      Safety Study        recommends the           possible   future eliminatin of off

     beach     parking       in   front of the        Flagler   Avenue     pavillion      and beach
                                                                                                         ramp          If this    occurs

     additional off parking will be
                beach                                       required       Additionally       the CRA Master Plan                Update

     2010     lists   broadening      of the tourism market            as one    of the   primary goals    for the CRA One of

     the    objectives   under this        goal      is to increase    parking capacity       within the oceanfront tourism


     area     This    parcel      which is located within the CRA                district   would    provide      much needed off

     beach and remote             parking      for    nearby businesses      and would        support     the     goals   of the CRA

     Master Plan



     On     October      13 2012           Joe    Nolin     with       Volusia    County      Beach     Management               made    a



     presentation       to the     s
                                   City Parking Systems                Task Force         Per information         provided by        Mr

     Nolin     there   are    approximately 3
                                            300                beach    parking    spaces    along     the east coast of Volusia


     County     with     approximately 2 of
                                       100                  those spaces located in New           Smyrna        Beach       There    are



     also    approximately          1
                                    000        beach
                                               off              parking                     Conversely        the      County      issues
                                                                            spaces

     approximately 20
                   000                    000
                                          25          annual passes and          400 daily passes
                                                                                   000                          per year     clearly

     demonstrating       the need for additional offparking facilities
                                                 beach



lO   Fntllre Phases          NO    FUTURE PHASES ARE ANTICIPATED OR PROPOSED




 3
1 PROJECT TEAM Up                   to   z aaee limit

1     The    Project Engineer       will be                 E
                                               Kyle Fegley P City Engineer                  210 Sams Avenue New              Smyrna
      Beach     Florida 32168


2     The   project budget was created by Fernand Tiblier PE Capital Projects Manager         His

      experience includes previous projects for the Utilities Commission City of New Smyrna Beach

      other City of New Smyrna Beach projects


Page 105 of 303
                                                                                                                                         7
Regular Meeting - November 13, 2012
                       the New
3   On      August 28 20 2               Smyrna Beach City Commission authorized the issuance of a
       Request  for Qualifications RFQ for engineering services for the design of the parking lot and
       associated infrastructure The RFQs were received on October 9 2012 and evaluated by an
       internal staff ranking committee The committee will be making a recommendation regazding
       award of the contract to the City Commission on November 20 2012



1 MANAGEMENT PROSPECTUS
  4                                          POLICY STATEMENT                        t   sinele oaee limitl
                                                                                         sided

                                  the applicant is shown below
Existing organization structure of




                                            City Manager
                                                  Pam
                                             Brangaccio




                                              i                Econ
                                              I                                                       City
                                                                                               Assistant
      Legal               Finance Service                 Development
                                                                                                 Manager
    Department             Althea Philord                   Community           i
                                                                                                  Khalid
    Greg McDole                                            Sustainability                       Resheidat
                                              i             Tony Otte




                                                           Planning   and                      City Engineer
                                                              Grant                             Kyle Fegley
                                                          Administrator
                                                          Gail Henrikson




Staff Dedicated to   completing   the   project   and their associated      responsibilities       and percentage work
towards   project completion

City Manager      2 Pam     Brangaccio     General      Oversight     of City       Projects

Project Manager 10 Khalid Resheidat Oversight                   of all   project activities including acquisition
design maintenance and future phases

Legal Advisor 5 Greg McDole advisor                 for documentation       required        to construct   project   and any

other pertinent legal information needed


Project Engineer     15 Kyle      Fegley     pazk development design

Assistant   Project Manager   10Gail Henrikson any duties
                              5                                             as
                                                                                    assigned

Parks       Recreation Maintenance Staff 25

Page 106 of 303
Grant Administrators 5 Gail 2012
Regular Meeting - November 13,Henrikson          documentation and administration of project funds



2   While the    City    of New
                            Smyma Beach does not anticipate entering into a management agreement            for
    maintenance and  operation of the improvements the City is in the processing of negotiating with        the
    County of Volusia to transfer the ownership of the property
 5PROFIT
       FOR
1 NOTONLY IRS STATUS LETTER CURRENT UNIFORM ANNUAL
BUSINESS         REPORT           LOCAL    BUSINESS      TAX    RECEIPT           PREVIOUSLY        CALLED
BUSINESS LICENSE CHAPTER 496 FLORDIA STATUTES

THE CITY OF NEW SMYRNA BEACH IN NOT ANON ORGANIZATION
                                    PROFIT



 6
1 UNRESTRICTED OWNERSHIP OR UNDISTURBED USE OF FACILITY

As discussed above the County of Volusia purchased the subject property in July 2012 The City and
County are currently in negotiations regarding transfer of the property A copy of the recorded deed from
July 2012 is included with this application SEE COPY OF PROPERTY OWNERSHIP DEEDS
PAGES 1415




1RESTRICTIVE COVENANTS Notice of future
 7
                                                          requirement    if grant is awazded
If ECHO Grant        funding is awarded the County of Volusia or         the City ofNew Smyrna Beach        if
ownership       of the
                       property is transferred agrees to the terms            of the Restrictive Covenants



 8
1 FORM CERTIFICATION OF INFORMATION AND COMPLL4NCE

I
We    certify   that all of the information contained within this   application   and  subsequent attachments
is true and correct to the best of my
                                   our     knowledge and    that the   project   for which application is made
shall be in compliance      with the Americans with Disabilities Act of 1990 and that should grant be
                                                                                                    a


awazded the organization agrees to comply           with the conditions of the grant award agreement

including the Restrictive Covenants



 IOFFICIAL WITH AUTHORTIY TO CONTRACT FOR THE OWNER OF THE PROPERTY


 Signature


 Typed   Name Jim Dineen County          Manager

              5920
 Phone Number 386736                                                   Date


 OFFICIAL WITH AUTHORITY TO CONTRACT FOR THE APPLICANT
 2


 Signature


 Typed   Name Pam Branaaccio City Manager



              2108
 Phone Number 386424                                                       Date

 3 CHIEF FINANCIAL OFFICER FOR THE APPLICANT


 Signature


Page 107 of 303
   Regular Meeting - November 13, 2012
     Typed   Name Althea Philord Finance                Manager


                  2120
     Phone Number 386424                                                                Date

     4 Not For Profits       PRESIDENT OF THE BOARD OF DIRECTORS


     Signature


     Tvped   Name



     Executive Board   or   Board of Directors      meeting      when this grant      application   was   reviewed and

     approved    Ex Board    meeting    date                or   Board of Directors       meeting   date



     Phone Number                                                            Date




1 FORM PROFESSIONAL CERTIFICATION AND
 9                                                                           RESUME
1  Insert this form with at least   one   ofthe     required signatures         2 insert the resume of
                                                                                      aND
                                                                                shown below

Experienceof the Professional who signed this form If exempted from Form 1 1 Insert the Letter of
                                                                               9
          issued to you by the County in place of the form Arvn 2 Insert a resume of experience for the
Exemption
Project Manager to demonstrate their understanding of the project See page 26 of NFP and GOV
Guide
NOTE Acquisition projects jor vacant   land with   no   improvements   are   automatically exemptfrom providing thisform




   Page 108 of 303
                                                                                                                           10
          Regular Meeting - November 13, 2012




 NAME      AND ADDRESS OF               ENGINEER
                                PROJECT ARCHITECT

  Kyle Fegley P City Engineer
               E                            210 Sams Avenue New Smvrna                Beach   Florida 32168

 APPLICANT NAME           AND   PROJECT TITLE

 City of New Smyrna Beach South Atlantic Beach Park

 The   following preparatory      documents for   Project Planning       have been    completed

                       Preliminary and schematic drawings complete
                       Design and development documents complete
                       Construction documents complete

certify   that I   have reviewed this application and that the technical project        information is   correct as   sited


 ARCHiTECT
 ENGINEER                        Kyle Fegley   PE           DATE
                                                             nn   amen


 SIGNATURE


                                                         OR
                                                         AND




 NAME      AND ADDRESS OF       PROJECT CONTRACTOR

 Not   Applicable
 APPLICANT NAME           AND   PROJECT TITLE




 The   following prepazatory      documents for   Project Planning        have been   completed
                       Preliminary and schematic drawings complete
                       Design and development documents complete
                       Construction documents complete

certify   that I have reviewed this   application   and that the technical    project   information is correct   as   sited

 PROJECT CONTRACTOR
                                                            Print Namej

 SIGNATURE                                                                 DATE




          Page 109 of 303
          Regular Meeting - November 13, 2012



KYLE W                    FEGLEY PE
PROFESSIONAL                 OVERVIEW


          Over 20 years ofprogressively responsible civil engineering and management experience
          Proven expertiseat completing Capital Improvements Projects on time and under budget

                                                       s
          Able to communicate technical information in layman terms
          Comfortable with public speaking
          Hands team management professional
          onoriented

EXPERIENCE


February 2006      to   Present

City   of New Smyma Beach New Smyma Beach Florida

City Engineer
Professional engineering work of an administrative nature in             directing a major department of the City
 Direcu                professional
          professional para                       and other employees in the     investing action development and design    of a variety of public
works   projects
                                                  department and division heads and inspectors
 Gives technical engineering advice and confers with
 Directs thecomposition                            specifications and placement of physical improvements
                                  and enforcement of contracts                                                                 in subdivisions
 Coordinates joint State and County construction projects
                   City   or City
 Coordinator for the Community Rating System for FEMA compliance for NPDES Phase II MS4 Permits
                                                 and
 Provides   cost   estimates for highly controversial and complex projects
 Supervises    the maintenance of official        Ciry maps


March 2002  to February 2006 New Smyrna Beach Florida

City of New Smyrna Beach
Civil   Engineer
         for professional engineering work in designing drafting inspection surveying and engineering office
Responsible
Management Conducts engineering analysis prepares plans and inspects construction under the supervision ofthe
City Engineer
 Assist Ciry Engineer with joint State and County             projects
 Perform site and project         inspections   for City capital improvement projects major subdivision infrastructure and       single
family homes
 Prepare plans specifications and obtain Local and State permits for City projects

October 1998 to March 2002

Zev Cohen    nc
             Associates Ormond Beach Florida
        Manager
Project Engineer
 Responsible for site design and development Extensive work                will   SJRWMD DEP HRS        ACOE and FDOT        conceming
Storm water management hydraulic analysis sewer and water drainage and driveway permitting Utilize marketing skills                       to

interface will people concerning determinations impact fees site design and layout to conform to state county and city
                                                          CROSS
requirements Computer software experience AdICPR SUPRA HARDY PONDS Excel Word                                             and other

programs as required


September 1992 to September 1998
City of Edgewater Edgewater Florida
City Engineer ofPublic Works
     Director
 Directed staff of 45 employees whose work included administration engineering fleet maintenance Stormwater

management solid          waste   disposa and traffic safety Project administrator for    over   S40 million in Capital Improvements

Projects including Conversion of community from septic         City sewer system Successful implementation
                                                                     to new

of storm water drainage ponds to reduce flooding and Design of Police Evidence Storage Facility
 Contractor negotiation and construction administration of Roadway Improvement Project                  to convert   45 miles of shell rock


          Page 110 of 303
roads to paved streets

                                                                                                                                                     l2
        Regular Meeting - November 13, 2012
May   1990   to   September   1992

Dyer Riddle Mills        Precourt Orlando Florida

Environmental       Project Engineer
 Resident    Project Engineer   for Volusia County Florida projects including Potable   water   wellfield construction administration

and Wastewater treatment       plant   administration


EDUCATION           PROFESSIONAL AFFILIATIONS

BSCE Civil    Engineering American Society of Civil Engineers
Ohio Northern   Universiry Ada Ohio 1985 Florida Engineering Society
Florida P    E 43933 March 1991 National Society ofProfessional Engineers

                                                   American Public Works Association




        Page 111 of 303
                                                                                                                                        13
Regular Meeting - November 13, 2012
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Page 112 of 303
                                                                                                                                       14
Regular Meeting - November 13, 2012
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Page 113 of 303
                                                                                                              15
Regular Meeting - November 13, 2012
                         City OF New Smyrna Beach
                  2012 Volusia County ECHO Application
                  13
                         Holland Park Improvements




                   SECTIl 2




Page 114 of 303
                                                         6
  Regular Meeting - November 13, 2012
SECTION 2 SCOPE OF WORK                        tuo to 15 Points


                                S
  2 SCOPE OF PRIOR AND CIIRRENT PHASE i 1
   1                                                                  oaee   limit



  1   The  County of Volusia purchased the property in July 2012 On August 28 2012 the New
      Smyrna Beach City Commission authorized the issuance of a Request for Qualifications RFQ
      for engineering services for the design of the parking lot and associated infrastructure The

      RFQs were received on October 9 2012 and evaluated by an internal staff ranking committee
      The committee will be making a recommendation regarding awazd of the contract to the City
      Commission on November 20 2012

  2   On  August 28 2012 the New Smyrna Beach City Commission authorized the issuance of a
      Request for Qualifications RFQ for engineering services for the design of the pazking lot and
      associated infrastructure The RFQs were received on October 9 2012 and evaluated by an
      internal staff ranking committee The committee will be making a recommendation regazding
      awazd of the contract to the City Commission on November ZQ 2012


  2 SCOPE OF ECHO AND MATCH EXPENSES WITH TIMELINE 3 double oaee
   2                                                 sided                                                   limit



  1 Project facility description     and construction sequence

            a   The subject property    is   an   approximately      acre
                                                                     1 vacant        parcel     The   property       was

                previously developed    with      asingle
                                                  family             residence and associated accessory uses

                which   was   demolished There       are   various  vegetation on the site including
                                                                     types    of
                Brazillian peppers sable palms and an established dune system on the east side of
                the property There is also a sign     cant amount of established vegetation on the

                south side of the site The City anticipates preserving as much existing non
                                                                                          native

                vegetation  on as possible The City would also supplement any areas of the
                            site

                existing dune system that do not have vegetation Any vegetation that is damaged or
                removed as part of the construction process would be replaced       A bulkhead also

                exists on the property As part of the project scope the City will have the structural

                integrity of the bulkhead evaluated and if found to be structurally sound this wall
                will be incorporated into the design of the park and associated amenities If the wall
                is not found to be structurally sound the project scope would be revised to include

                repairs   needed to stabilize the bulkhead



                The scope of constructionimprovements includes 75 paved parking spaces a
                                                               100
              restroom facility handicapped accessible    beach access picnic pavilions and
              associated landscaping and stormwater improvements
                                                                               have
            b Describe expenditures 1 How will ECHO grant funds be used 2 How will your
                Match funds beused
                            been

                Both ECHO and       matching                            development of South Atlantic
                                                  funds will be used for the

                Beach Park amenities as stated      As part of the required match the City of New

                Smyrna   Beach is requesting that the Volusia County Council consider allowing the
                use of
                       up to 150000 in Community Redevelopment Agency CRA funds
            c   Provide a construction sequence flow chart including estimated expenditures page 28 of
                the NFP and GOV      guide
                See Attached Construction         Sequence   Flow chart       Page 20
  2   How will you protect the current infrastructure and the           possible impact   on   neighboring    facilities
      or residential units


      The    only existing    infrastructure   on     subject property is the bulkhead on the east side
                                                    the                                                               of
                                               structural integrity of this wall will be examined as part             of
  Page 115 ofAs discussed above
     the site                            the
              303
                                                                                                                           17
Regular Meeting - November 13, 2012 incorporate
  the scope of work The intent is to                                       the bulkhead into the overall            park design
    If   needed repairs          to stabilize the bulkhead will be             completed     as   part of this   project


    The    City   is not    planning on any extended road closure for this project Should unforeseen
    events occur          causing road closures of a long duration more than a day or two the City
    will
            provide        the
                                  appropriate police              enforcement        and     maintenance         of traffic   All
    construction activities will be              closely monitored and appropriate preventative                    action taken
    to ensure minimal            impact   on    neighboring properties


    The    subject property          is bordered     on    the north      by   an
                                                                                    existing five
                                                                                             story         timeshare   building
                                                                 family
    The property to the south is developed with an existing single residence City staff
    have already meet with the manager of the timeshare building and has meet several times
    with the   owners           family
                         single residence to the south The City will continue to work
                             of the

  closely with these two property owners as they are most immediately affected by the
  proposed park and their input will be required as design work commences Additionally a
  public informational meeting will be held to discuss the proposed park Notices will be
  mailed to all
                  property owners within 1 feet of the proposed project as the
                                              000
  neighborhood   immediately west of the property across South Atlantic Avenue consists
                       family
  primarily of single and duplex homes whose residents utilize the existing County
  beach walkover at the end of Maralyn Avenue Howard Street

3 Document how construction design and operational strategies use green standards
                                                                  sustainable


          a   See Attached Form 22 Pages                         22
                                                                21

          b   The   City intends     implementing sustainable and green elements utilizing
                                           on


              recycled materials  and friendly construction techniques to the
                                                                                 greatest extent
              feasible The City has developed a prototypical restroom facility that utilizes solar

              panels for lighting This design is being constructed throughout all City parks
              Existing non vegetation will be preserved to the greatest extent possible
                       invasive

              particularly in the perimeter landscape buffers The existing established dune
              system will be preserved and supplemented as needed The existing bulkhead will
              be incorporated into the design of the property reducing costs energy expenditures
              and    resources



4   The    project   is   anticipated   to be   completed by May           014       Full   public   access   would be available
    at that time


2SCOPE OF FUTURE AND CONCURRENT PHASES
 3               OR                                                                          sided       muml
                                                                                             double oaee max


1 Describe                or
               concurrent and future               phases    of this    project
                  or
    No concurrent and future                    phases     of this   project   are   proposed
2   Provide   a   timeline when these          phases   will be      completed
                  or
    No concurrent and future                    phases     of this   project   are
                                                                                     proposed
3   Describe when and how the             public    will have     use   of the total   facility
    Full   public    access      of the total   facility   is   anticipated    to   occur   by May    2014

4   Describe the total       project    costs and   funding      sources


    The totalanticipated project cost is 579 The anticipated funding sources consist of
                                         00     496
  289 from Volusia County ECHO and 289 from the City Sanitation Fund
         748                                            748          s
   However    in conjunction with this grant application the City Manager has also provided a

                                                                   00     000
   letter to the Volusia County Council requesting that up to 150 in Community
Page 116 of 303 Agency CRA funds be allowed as a match for this project
   Redevelopment
                                                                                                                                    t8
Regular Meeting - November 13, 2012
2DRAWINGS AND MAPS unlimited Paeesl
 4


I   A street locator map and aerial photo is attached        Page 23

2   A   conceptual drawing   is attached   Page 24
3   Pictures of the   subject property   are   attached   Page 25




Page 117 of 303
                                                                       l9
         Regular Meeting - November 13, 2012
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     Page 118 of 303                                              U
                    O
          Regular Meeting - November 13, 2012
       2 Form Sustainable
        2                    Desien Elements

                                                  Sustainable   Design      Elements
                                              G      E   Partial     NA                     Additional Comments

Audit
Energy
it
Do Energy
yourself                    Audit             X                              Evaluation Resources

Professional Energy Audit                                                    Audit Providers


ggAe3i
Suild
gn
Construction Material
Insulation Rating                                                    x


Reused
Rerycled                                      x     x



Other                                                                x



Flooring
Low VOC     Carpet                                                   X

Tile                                                                 X

Hardwood from renewable             sources                          X

Low VOC Glue                                                         X

Other                                                                X

Air
       HVAC
       Handling
Energy    Star   approved products                                   X

Programmable Thermostats                                             X

Ceiling   Fans                                                       X

Other                                                                X


Cighting
Interior
Energy Star approved                                                 X

Skylights                                     X

Motion Sensors                                                       X

fluorescent LED                                                      X

Programmable system                           X

Other                                                                X


Exterior
Lighting
Dark Sky approved products                                           X

Motion Sensor                                                        X


Security Design only                          X

Required Lighting only                                               X

Fluorescent        LEED                       X                               Per Statute

Programmable system                           X

Other                                                                X


Equipment
Energy    Star   approved                                            X

Other                                                                X


Stains
Paint
Water base       acrylic                      X

Water base stain                                                     X

Natural f9nishes                              x                                 face
                                                                              Split Block
Other                                                                X



         Page Grant Project E Pinsert
               119 of
        Legend G303         Existing Partial                       if not   0 NotA
                                                                            100 Nappropriate         for this project type


                                                                                                                             21
         Regular Meeting - November 13, 2012
Water

Aureated faucets                                        X


Recirculating sink      hot water pumps                 X


Cow flow toilets                                   X


Programmable irrigation w rain              gage   X


Sprinkler on     reclaimed water                   X


Insulation around       water    heater                 X


Insulation around hot water pipes                       X


Other                                                   X


Windows

Energy star approved                                    X

Tinted for UV                                           X

Tinted for Heat                                         X


Insulated Windows                                       X


Other                                                   X


Roof

Energy   star   approved                                X

Metal                                                   X


Extended Life                                           X

Other                                              X             Dimensional shingles

Site Plan

Bike racks                                         x



Connects     directly   with   light rail               X


Located within 25 miles of bus stop                     X

Percent of green space                             x             40


Other                                                   X


Parking
Porous     surface                                 x             Shell   Parking

pervious
Semi                                               x                                               pervious
                                                                 Shell Parking which is porous and semi

Other                                                   X


Landscape
Deciduous trees                                         x


Existing   Native    Landscape                     x             As   budget permits   remove   Brazilian peppers

Florida Friendly Landscaping Design                     X


Drought Tolerant                                        X


Natural Pest Control                               x


Rain Barrel Collection                                  X


Other                                                    x




  Legend        G Project E P
                Grant     Existing Partial insert      if not       NotA
                                                                100 Nappropriate for                 this project type


         Page 120 of 303
Regular Meeting - November 13, 2012




Page 121 of 303
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Page 122 of 303
Regular Meeting - November 13, 2012




Page 123 of 303
                                      25
Regular Meeting - November 13, 2012
                         City OF New Smyrna Beach
                   2012 Volusia County ECHO Application
                   13
                         Holland Park Improvements




                     SC
                     TI                        3




Page 124 of 303
                                                          26
 Regular Meeting - November 13, 2012

SECTION 3 BUDGET DETAIL MATCHING FUNDS                                                                 r
                                                                                             ruo ro is P


 3 PROJECT BUDGET DETAIL CHART
  1                                                                      im   ed
                                                                       unoaeesl


 1 Project budget      shown     on   Page       28

 2   Match Codes shown               on   Page   28

 3 MATCHING
  2                      FUNDS STATEMENT AND CHART                                       sided
                                                                                         ume
                                                                                     t t dDace smut

 1 Campose a statement that addresses
   a Availability and source of matching funds
      The City match will consist of cash funds transferred from the surplus in the existing
           s
      sanitation fund     Additionally the City Manager will be forwarding a request to the
                                                  00        000
      Volusia County Council to allow up to 150 in Community Redevelopment

     Agency CRA funds to be used for this project
   b Contingency fees
      A 15 contingency fee is
                                 typically budgeted for on capital improvement projects The
      contingency fee has not been included in the overall budget included in 31

   c Contractor Fees if not in 31
         Contractor fees       are                                          1
                                     included in the cost of work shown in 3 These estimates                    are   based

         upon actual bids received in 2012 for the                 s
                                                                   City   Esther Street Beachfront Park

     d   General   Requirements
         General    requirements          include mobilization of the contractor          on   site and   are   shown   on

         31

     e   Alternative   sign    if applicable
         No alternative sign is request

     f   Applicants using real property as 100 Match must demonstrate                   availability   of cash flow

         The   City   is not proposing           to   use   real property   as   part of the match      Therefore      this

         section   is not applicable

 2   A match summary chart is shown                   on
                                                           Page   29




 Page 125 of 303
                                                                                                                              27
           Regular Meeting - November 13, 2012
3 BUDGET DETAIL CHART
 1


 1
3EXPENDITURES CONSTRUCTION PHASE OF THIS GRANT PROJECT ONLY

       P                         r
                                                             a       j
                                                                     ig    F
                                                                               Match   ECHO    Total

General    Requirements
              Mobilimtioo                                             UC       00
                                                                               32
                                                                               000       0
                                                                                         00    000
                                                                                               32
                                                                                               00

                                                          Subtotal             000
                                                                               00
                                                                               32       0
                                                                                        00     32
                                                                                               00
                                                                                               000
Professional Services

              Engineering     and Architectural           Design      UC          00   000
                                                                                       00
                                                                                       85      00
                                                                                               000
                                                                                               85
              Final Drawin s
                                                          Subtotal                00   00
                                                                                       85
                                                                                       000     85
                                                                                               00
                                                                                               000
Site Construction

              Clearinglgrading                                        UC       45
                                                                               00
                                                                               000       00
                                                                                         0     45
                                                                                               000
                                                                                               00
              Permits                                                 UC       500
                                                                               00
                                                                               5        0
                                                                                        00     500
                                                                                               5
                                                                                               00

              75 Paved Parking Spaces
              100                                                     UC       00
                                                                               49
                                                                               500     49
                                                                                       500
                                                                                       00      000
                                                                                               00
                                                                                               99
              Perimeter and Interior         Landscaping                       00
                                                                               20
                                                                               000
                                                                      UC               00
                                                                                       000
                                                                                       20      000
                                                                                               00
                                                                                               40
                       Su
              and Dune Restoration                 lementation

              Stormwater      exfltration                             UC       00
                                                                               55
                                                                               000      0
                                                                                        00     000
                                                                                               00
                                                                                               55
              ADA Detectable Warnings                                 UC        00
                                                                                500      00
                                                                                         0     00
                                                                                               500

              Signage   and   Striping                                UC       600
                                                                               1
                                                                               00       00
                                                                                        0      00
                                                                                               600
                                                                                               1
              Concrete Wheel         Stops 60                         UC       3
                                                                               120
                                                                               00       0
                                                                                        00     3
                                                                                               00
                                                                                               120

              Concrete Sidewalk and Colored
                                                                      UC       29
                                                                               752
                                                                               00       248
                                                                                        00     000
                                                                                               00
                                                                                               30
              Concrete Promenade

                                                          Subtotal             209
                                                                               00972
                                                                                   69
                                                                                   748
                                                                                   00          00720
                                                                                               279
Electric

              Bollard   Lighting 8                                    UC       00
                                                                               000
                                                                               4         00    00
                                                                                               000
                                                                                               4
              Conduit Future         parking     kiosks   North       UC       10
                                                                               000
                                                                               00        00    000
                                                                                               10
                                                                                               00


                                                          Subtotal             000
                                                                               00
                                                                               14       00
                                                                                        0      00
                                                                                               14
                                                                                               000

Equipment

              Picnic Tables 5                                         UC       7
                                                                               500
                                                                               00         00   500
                                                                                               00
                                                                                               7

              Benches    5North                                       UC       6
                                                                               726
                                                                               00         00   6
                                                                                               726
                                                                                               00
                                                                      UC       000
                                                                               1
                                                                               00         00
              Trash   Receptacles 4
                                  North                                                        000
                                                                                               00
                                                                                               1
              Pet Waste Receptacle           1                        UC        00
                                                                                250       00    00
                                                                                                250

              Bike Racks 2 5 Spaces
                            8                                         UC       2
                                                                               00
                                                                               000        00   000
                                                                                               00
                                                                                               2

                                                          Subtotal             476
                                                                               00
                                                                               17        00
                                                                                         0     17
                                                                                               476
                                                                                               00
Metals

              Cates I                                                 UC       00
                                                                               6
                                                                               500       00    6
                                                                                               00
                                                                                               500
                                                          Subtotal             00
                                                                               6500      00    00
                                                                                               6
                                                                                               500
Wood and Plastic

              Restroom and Shower Facilities                          UC          00   000
                                                                                       00
                                                                                       60      00
                                                                                               000
                                                                                               60
              Picnic Pavilions 4 0           x   10                   UC          00   40
                                                                                       00
                                                                                       000     000
                                                                                               00
                                                                                               40

              Handicapped      Accessible Beach Access                UC          00   000
                                                                                       35
                                                                                       00      00
                                                                                               000
                                                                                               35
                                                          Subtotal               00
                                                                                 0     135
                                                                                       00  00
                                                                                           135
                                                                                         000 000

Specialties
              Entry Sign i                                            UC       8
                                                                               000
                                                                               00        00
                                                                                         0     000
                                                                                               00
                                                                                               8
              ECHO temporary          sign                            UC        00
                                                                                500      00    00
                                                                                               100
              ECHO permanent sign                                     UC       00
                                                                               1
                                                                               300       00    300
                                                                                               00
                                                                                               1


                                                          Subtotal             9
                                                                               00
                                                                               800       00    800
                                                                                               00
                                                                                               9




           Page 126 of 303                                   Total             289
                                                                               00 289
                                                                                 745
                                                                                   00  579
                                                                                       00
                                                                                     745 496

                                                                                                       7g
        Regular Meeting - November 13, 2012
  TAB 3 BUDGET DETAIL MATCHING FUNDS rip To                                  IS Pointsl




                                          1
                                         3 EXPENDITURES



                     SOURCE                               CODE        MATCH           ECHO          4L51
                                                                                                    TOT

Cash

Unencumbered Cash                                         UC
                                                          ECHO          748
                                                                      289     579
                                                                            748 496
                                                                          289




                                              Subtotal                     748
                                                                         748
                                                                       289 X189                       496
                                                                                                    579
                                                                                                               1




TOTAL                                                                    7 289
                                                                       28948 7487996
                                                                               5 4
                      3 INCOME FUTURE 1NHIN D LAND AC
                       1                                              UISITION



                SOURCE                  CODE         REVENUE BY SOURCE                            TOTAL

Cash Government Su        ort

                    2013 ECHO
ECHO Grant Award 2012                                                       748
                                                                          289                          748
                                                                                                     289
City   Funds                             UC                                 748
                                                                          289                          748
                                                                                                     289


                                TOTAL                                                                 496
                                                                                                    579


        3 MATCHING FUNDS STATEMENT AND CHART I double
         2                                     sided                                  ogee   rmin


  1 MATCH VERIFICATION This match may not be used
   1                                                         as   match for future vrant      a
                                                                                                  plications
                                                                           Divided

                TYPE OF MATCH                      CODE
                                                             MATCH         match   by         PERCENT OF
                                                            AMOUNT          ECHO             TOTAL MATCH

                                                                            request

CASH MATCH


Unencumbered Cash City
             Hand
             on
                                                     UC
Contribution                                                   748
                                                             289 28948
                                                                   7                              00
                                                                                                  100


                                                                                                  100
                                                                                                  00
                 1 MATCH GRAND TOTAL
                  1                                            748 743
                                                             289 289


               TOTAL ALL MATCH                                      748
                                                                  289                   a
                                                                                        r                  E




        Page 127 of 303
                                                                                                               29
Regular Meeting - November 13, 2012

31VLATCH DOCUMENTATION
3                                          no   oase   im
                                                       q

      A certified copy of the   City   of New   Smyrna   Beach Resolution   DRAFT   is attached   Pages
       32
      31




Page 128 of 303
                                                                                                          30
         Regular Meeting - November 13, 2012
                                         RESOLUTION                            NO


             A RESOLUTION AUTHORIZING                         THE CITY MANAGER TO EXECUTE AN
             APPLICATION TO VOLUSIA ECHO PROGRAM FOR GRANT MONEYS TO
             FUND          THE      CONSTRUCTION             OF      IMPROVEMENTS                  AT    THE       SOUTH
                      PARK
             ATLANTIC BEACH PROPERTY                                      LOCATED ON               APPROXIMATELY
             ONE ACRE OF PROPERTY LOCATED AT 901 SOUTH ATLANTIC AVENUE
             THAT WILL BE DEVELOPED FOR OFF
                                        BEACH                                         PARKING           AUTHORIZING
             THE      CITY        MANAGER          TO REQUEST THAT THE VOLUSIA COUNTY
             COUNCIL ALLOW UP TO                     150 IN COMMUNTTY REDEVELOPMENT
                                                     00  000
             AGENCY         CRA         FUNDS BE ALLOWED TO BE USED AS A MATCH FOR THE
             PROJECT PROVIDING FOR CERTIFICATION TO VOLUSIA ECHO THAT
             ALL       OF         THE      INFORMATION            WITHIN             THE     APPLICATION                AND

             ACCOMPANYING MATERIALS IS TRUE AND                                      CORRECT        AND THAT THE
             CITY OF NEW SMYRNA BEACH WILL COMPLY WITH THE CONDITIONS
             OF THE GRANT AWARD                     AGREEMENT INCLUDING THE RESTRICTIVE
             COVENANTS IF THE APPLICATION IS                  FUNDED PROVIDING THAT THE
             CITY OF NEW SMYRNA                                               00   748
                                                    BEACH WILL DEDICATE UP TO 289 IN
             MATCHING             FUNDS      PROVIDING FOR CONFLICTING RESOLUTIONS AND
             PROVIDING FOR AN EFFECTIVE DATE


       WHERERAS the 2010 CRA Master Plan Update lists broadening of the tourism market as                                     one   of the

primary goals for the CRA including increasing pazking capacity within the oceanfront tourism azea                            and


          WHERERAS          the   August   2011 Volusia  County Beach Safety Study           identified three of the top five beach

access   ramps as being     located in New       Smyrna Beach and

          WHERERAS the County               of Volusia   purchased   an
                                                                          approximately      one
                                                                                                   i    acre
                                                                                                               pazcel July 25   2012 for
use as   offpazking and
         beach


         WHEREAS the             City   of New   Smyrna   Beach   on
                                                                       May 8 2012 agreed            to partner with the       County    of
Volusia   to construct     and maintain the offpazking area and
                                            beach


         WHEREAS           the   City   Commission deems it is in the best interest of the citizens of the               City of New
Smyrna    Beach to authorize the           City Manager    to execute     an   application   to Volusia Echo        Program for grant
moneys to fund the     construction of improvements          at the South Atlantic Beach       Park property


         NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSI011 OF THE                                                          CITY OF
NEWSMYRNA BEACH FLORIDA



        Authorization to Execute
SECTION i                                           Application        That    the   City   Commission         hereby   authorizes Pam

Brangaccio City Manager to execute                     Volusia Echo Program for grant moneys to fund the
                                                  an application to

construction of improvements at the South Atlantic Beach Pazk property Said application is more particularly
described   as   follows


             SEE     EXHIBIT A ATTACHED                      HERETO AND BY REFERENCE MADE A
             PART HEREOF


SECTION 2
        Authorization to                    of Community Redevelopment Agency CRA Funds That the
                                         Request   Use

City   Commission     hereby            Brangaccio City Manager to transmit a request to the Volusia County
                                  authorizes Pam
Council to allow                      00 000
                     the use of up to 150 in CRA funds to be used as a match for the grant
         Page 129 of 303
                                                                                                                                        31
SECTION 3 Certification to Volusia Echo2012
     Regular Meeting - November 13, The
                                                      City ofNew Smyrna      Beach certifies to the     following

       1 all information within the
       That                                 application   and   accompanying materials   is true and correct


       That
       2 the       City will comply     with the conditions of the Grant Award   Agreement including       the Restrictive
Covenants


SECTION     Availability of
            4 Funds                       That the                                                 00
                                                  City of New Smyrna Beach will dedicate up to 289 in748
matching   funds for the construction   of improvements at the South Atlantic Beach Park properties


SECTION 5 Conflicting Resolutions That all other resolutions or parts thereof that           are   in conflict with this
resolution are hereby rescinded and repealed


SECTION     6 Date
            EJfective           That this resolution shall take effect   immediately   upon its final   adoption

APPROVED AS TO FORM AND CORRECTNESS




FRANK B    GUMMEY         III

City Attorney


DATE


                                                     PAGE 2 OF 2




       Page 130 of 303
                                                                                                                           32
Regular Meeting - November 13, 2012New
                         City OF       Smyrna Beach
                   2012 Volusia County ECHO Application
                   13
                         Holland Park Improvements




                       SECIl 4




Page 131 of 303
 Regular Meeting - November 13, 2012

SECTION 4 OPERATING FORECAST DETAILrup isro
                             o tsi

 4 OPERATING FORECAST NARRATIVE
  1                                                                         Up    to   sided
                                                                                       double oaee Iimitl

 I Complete Form           4 1 page 12 Insert Business Plan and
                            1                                                          Feasibility Study         See Attached

   Page 37

 2   ative
     Nan           will    include     the    use    of the    facility     and    related    costs      operating   revenues

     expenditures for 2013 2017 relative                 to section 3      below

     a What staff will be needed
        The
             City of New Smyrna Beach                     Maintenance       Operations       Division Staff will maintain

         the   property       and additional staff needs will                 be determined           when amenities        are


         complete
     b   What additional maintenance will be               required
         Custodial                 daily inspections landscaping and general maintenance cleaning
                          litter and
         and restroom        supplies equipment and fuel repair and maintenance fund The City
         is committed        to maintaining the South Atlantic Beach Park for a minimum of 40

         years per the       ECHO Grant requirements
     c   What new programs will be added
         The subject property           is   designed     for   use   as   off parking
                                                                           beach                      No   new   programs   are


         proposed
     d   What   new revenue sources  operations will you have
                                               for
         The  City    exploring
                      is           option of having off parking charges to support on
                                         the         beach

         going maintenance of this parking facility as well as other parks and parking lots that
         constitute the off parking system It is possible that as part of the off
                        beach                                                         beach

                                                                                price
         parking system Volusia County residents would be able to purchase areduced
         pass



 3   State

     a   User fees by inserting the fee schedule or state No fees will be charged
         The City is exploring the option of having off parking charges to support on
                                                         beach

         going maintenance of this parking facility as well as other parks and parking lots that

         constitute the off parking system It is possible that as part of the off
                         beach                                                        beach

         parking system                                                           price
                           Volusia County residents would be able to purchase areduced

         pass
     b   Statement of use of facility           organized       groups individual      use   only   or   both

         The  facility is intended to be used by any member of the public for the purpose of off
                                                                                             beach

         parking     This may include individuals members of ovanized groups Volusia County
         residents and visitors from outside of Volusia County


         Per information in the Volusia                   County Beach Safety Study dated August 2011 an
         average of 285 vehicles             use   the   3rd Avenue Beach Ramp on weekdays and an average
         of 852 vehicles       use     the ramp      on   weekend  days           An average of 521 vehicles use the

         Flagler    Avenue Beach             Ramp    on    weekdays and           an average of 916 vehicles use this

         ramp   on   weekend      days

 4   Provide    afive budget projection spreadsheet 2013 2014 2015 2016
                year                                14 15 16 17                                                             and
     18
     1017




 Page 132 of 303
                                                                                                                                  34
 Regular Meeting - November 13, 2012
              O eration Periods             2013
                                            14            15
                                                          2014         16
                                                                       2015            2016
                                                                                       17                 2017
                                                                                                          18

 x   enses


 acility   Maintenance                      9
                                            066           760
                                                          23              473
                                                                          24            25
                                                                                        207                       25
                                                                                                                  963

                                  Tota        066
                                              9           760
                                                          23              24
                                                                          473           25
                                                                                        207                       25
                                                                                                                  963


 evenue

General Government
 evenues                                      066
                                              9           23
                                                          760             24
                                                                          473           2507                      963
                                                                                                                  25




                                                                                                                               15
                                  Tota        066
                                              9           23
                                                          760              473
                                                                           24          207
                                                                                       25                      963
                                                                                                               25
General Government Revenues will be            provided   in the   Maintenance Operations Division        annual budget
Assumes       opening      date of May 2014


 5    Provide evidence ofmaintenance and         replacement plans
      The     City    of    New    Smyrna          Operations Division has an established
                                              Maintenance
      maintenance plan         City parks including mowing activity upkeep of pet waste
                                for all

      stations solid waste removal and sweeping       The City of New Smyrna Beach is
      committed to maintaining the South Atlantic Beach Park for a period of 40 years per the
      ECHO grant requirements

 6    Provide

      a Two measurable operational goals
      b Following each goal describe how          the   goals   will be tracked
            Operational Goal I            Achieve 90      occupancy             and
                                                                                weekend
                                                                         during peak holiday
            hours
            The      will encourage and promote use of the South Atlantic Beach Park through
                   City
            its Waterfront Loop marketing campaign     Literature includes a website monthly
            event brochures and email news and press releases


            This
                   goal will   be tracked      by
                                            by drive and        drive observations
                                                                thru                      by City    staff


            Operation Goa 2 Maintain safety for pedestrians bicyclists and motorists
            Because the  project is located in close proximity to residential uses the City will
                    reported accidents involving vehicles and bicycles and pedestrians If
            monitor                                                       or

            needed the City will provide additional signage or other safety features to reduce the
            number of interactions between vehicles and bicycles and pedestrians
                                                                 or



            Thisgoal will be tracked on a monthly          basis   through   data collected   by   the   City   of New

            Smyrna Beach Police Department




 Page 133 of 303
                                                                                                                          35
Regular Meeting - November 13, 2012
4 FISCAL STABILITY
 2                                   upto ease limit

 2City
4 The1of New Smyrna                    Beach has       operated     and will continue to operate with sufficient
        revenues to maintain all of its government functions Despite the ongoing economic
financial
downturn and continued pressure from citizens to further reduce property taxes the City
continues to    budget funding      for maintenance and           upkeep   of its   properties However      as   with all

municipalities     the   City   continues to seek out         opportunities   to    operate in   a more   cost effective

and efficient   manner     and to preserve    our     local   resources




4 The City
     2    2         does not foresee any financial              instability or financial   deficits that would

prevent the City    from   maintaining    this   or   any     other City facility



43 FINANCIAL AUDIT REVIEW niw OTHER FINANCIAL DOCUMENTS
                          oR
Insert the   appropriate required   documents     as   determined in the      Application Guide     page 45 of the
GOV   wide    and page 46 of the NFP


4 Basic Financial
 3     1                   Statement under GASB34 is attached


4 Management
 3    2                  Letter is attached


4 Response Letter
 3    3                     is attached


 3    4
4 Opinion Letter is attached




Page 134 of 303
                                                                                                                            36
      Regular Meeting - November 13, 2012
                                                FORM 4 Business Information
                                                      1   1

The  Purpose ofthis form is to gather              financial information           about   your   orgahization    based       on   the most recent      complete
fiscal year prior to this application
The first column should reflect the last                  complete fiscal yeaz of record in a MM format on line 2 and 3
                                                                                              YY
                                                                                              DD
The second column should reflect the first                   complete fiscal year that follows the completion of the grant project
      1   Attach to this form

          a        The Mission Statement for the Organization See Attached Mission Next                                            Page
          b        Attach the Mission Statement for the                    project                                 s
                                                                                       if it is different from the organization statement above

          c        Attach     a   brief statement of criteria and methods used to recruit Board members for your                               organization
      2   Date of prior fiscal yeaz                         FY2010          to       FY201 1                                  ls column
      3   Date offiscal year            projections         FY301 1         to       FY2012                             d
                                                                                                                       2 column
      4   For   prior   and   projected         FY years    above please provide the following grant information

          Operational funding for               this   organization                                        Fiscal Year                       Proiected    Year

          a        Fundraising Memberships Donations                         etc                                  o                            o

          b               s
                   County grant                                                                             674
                                                                                                            4                                771
                                                                                                                                           283

          c        snon county
                   Grant                                                                                089
                                                                                                        3 276                            208
                                                                                                                                         2 332

      5   Please   provide        the   following      information for      organization
          a        Administrative costs                                                                      100
                                                                                                           824                               332
                                                                                                                                           800

          b        Program        costs                                                                      374
                                                                                                           155                                565
                                                                                                                                            104

                   Education and educational outreach programs                                                   750                           276
          c


                                                                                                             1
                                                                                                             294                                   0
          d        Marketing             advertising
      6   Employee payroll              volunteer information for           organization
          a      Payroll      total expense                                                             047
                                                                                                        1 016                                 108
                                                                                                                                            836

          b      Number offull time                employees                                                      29                               20


          c      Number of part time               employees                                                          t                            o

          d      Volunteer hours                                                                             6
                                                                                                             912                             000
                                                                                                                                             7

          e        Value of volunteer hours                67
                                                           @
                                                           7                     per hr rate                015
                                                                                                            53                              690
                                                                                                                                            53

      7   Contractor       service total
                           s                       expense for this     project

          Attach    list   by     type of service       only     no names aze
                                                                                     required
      8   Capital funding for            this   specific project
          a        County         ECHO     grant s for
                                           sgrant                       this     project                              0                       7
                                                                                                                                            28948

          b        County       other funds        Other     than ECHO      s
                                                                            grant                                     o                             o


          c        Grant non county
                   other
                   s
                   funds                                                                                              o                             o

          d        Donations                                                                                          0                             0

      9   User totals for this           project   site

          a        Full                Non
                           price Count Only member                                                                        o                        o

                                                                                                                                                   o
          b        Reduced                     Non
                                   price Count Only member                                                                o

                                                                                                                          o                        o
          c        Free          Non
                           Count Only member
                                                                                                                          o                        0
          d        Members          Count Only
   10     Has the   organization           defaulted      on   any grant   construction operational          or
                                                                                                                  programming             in the past five

           135 303
      Pageyears ofYesNo                    X       Ifyes     provide   name      ofand amount of grant and
                                                                                                 s                            explain   the situation

                                                                                                                                                              37
Regular Meeting - November 13, 2012




                                       LAMES MOORS                                CO P
                                                                                     L
                                                 FDPUftLiC
                                                 RTIF
                                               i F                     AC COU9TA      NTS
                                                          ANU    CDNtiU ITANTS




                                          INDEPENDENT AIIDTTORS REPORT




      To the Honorable      Mayor City Commission          and   City Manager
       City   of New     Smyrna Beach Florida

      We have audited the                                                                       type
                           accompanying financial statements of the governmental activities the business
      activities    discretely presented component unit each major fund and the aggregate remaining fund
                   the
      information of City of New Smyrna Beach Florida as of and for the year ended September 30 2011
      which collectively comprise City of New Smyrna Beach Florida basic financial statements as listed in
                                                               s
      the table of contents These financial statements are the responsibility of CiTy of New Smyrna Beach
      Florida management Our responsibility is o express opinions on these financial statements based on
      s
      our audit We did not audit the financial statements of the Utilities Commission City of New Smyrna

      Beach Florida the discretely presented component unit Those financial statements were audited by other
      auditors whose report thereon has been famished to us and out opinion insofar as it relates to the
      amounts included for the Utilities Commission City of New Smyrna Beach Florida is based on the
      report of other auditors

      We conducted       our audit   in accordance with    auditing   standards   generally accepted in   the United States of
      America and the standards                financial audits contained in Government Auditing Standards
                                        applicable   to

      issued by the Comptroller Geneml of the United Stales Those standazds require that we plan and perform
      the audit to obtain reasonable assurance about whether the financial statements are free of material
      misstatement An audit includes wnsideration of internal control over 5nancial reporting as a basis for

      designing audit procedures that are appropriate in the circumstances but not for the purpose of expressing
      an opinion on the effectiveness of the City internal control over financial reporting Accordingly we
                                              s
      express no such opinion An audit also includes examining on a test basis evidence supporting the
      amounts and disclosures in the financial statements assessing the accounting principles used and the
      significant estimates made by management as well as evaluating the overall financial statement
      presentation We believe that our audit and the reports of other auditors provides a reasonable basis for
      our opinions



      Inour opinion based on our audit and the reports of other auditors the financial statements referred to

      above present fairly in all material respects the respective financial position of the governmental
      activities the business activities the discretely presented component unit each major fund and the
                     type
                                                      New Smyma Beach Florida as of September 30 20l 1
      aggregate remaining fund information of City of
      and the respective changes in 5nancial position and cash flows where applicable thereof and the
      respective budgetary comparisons          for the    General Community Redevclapment Agency and Airport
      Industrial Park funds for the year hen ended in            conformity   with   accounting principles generally accepted
      in the United Stales of America




                                                                  23




Page 136 of 303
                                                                                                                                 38
Regular Meeting - November 13, 2012




       In accordance with Government Auditing Standards we have also issued our report dated March 21

       2012 on our consideration of City of New Smyrna Beach Florida
                                                               sinternal control over financial
       reporting                                                                        ations
                  and on our tests of its wmpliance with certain provisions of laws regu contracts and

       grant agreements and other matters The purpose of that report is to describe the scope of our testing of
       internal control over financial reporting and compliance and the results of that testing and not to provide
       an opinion on the internal control over financial reporting or on compliance That report is an integral part

       of   an   audit   performed   in accordance with Government           Auditing Standards     and should be considered in

       assessing    the results of our audit


       Accounting principles generally accepted in the United States of America require that the management
                                                                                                 s
       discussion and analysis and budgetary comparison information on pages 27 through 39 and 50 through 52
       be presented to supplement the basic financial statements Such information although not a par of the
       basic financial statements is required by Governmental Accounting Standards Board who considers it to
       be an essential part of financial reporting for placing the basic financial statements in appropriate
       operational economic or historical context We and the other auditors have applied certain limited
       procedures to the required supplementary information in accordance with auditing standazds generally
       accepted in die United States of America which consisted of inquiries of management regarding he
       methods of preparing the information and comparing the information for consistency with management
                                                                                                 s
       responses to our inquiries the basic financial statements and other knowledge we obtained during the
       audit of the basic financial statements We do not express an opinion or provide any assurance on the
       information because the limited procedures do not provide us with sufficient evidence to express an
       opinion or provide any assurance

       Our audit  was conducted for the purpose of forming opinions on the financial statements that collectively


       comprise City of New Smyrna Beach Florida financial statements The introductory section combining
                                                s
       and individual nonmajor fund financial statements and statistical section are presented for purposes of
       additional analysis and are not a required part of the financial statements The accompanying schedule of
       federal awards is presented for purposes of additional analysis as required by U Office of Management
                                                                                         S
       and Budget Circular AAudits of States Local Governments and Non Organizations and is
                             133                                                 Profit
       also not a required part of the financial statements The combining and individual nonmajor fund financial

       statements and schedule of expenditures of federal awards arc the responsibility of management and were
       derived from and relate directly to the underlying accounting and other records used to prepare the
       financial statements The information has been subjected to the auditing procedures applied by us and the
       other auditors in the audit of the financial statements and certain additional procedures including
       comparing and reconciling such information directly to the underlying accounting and other records used
       to prepare        the   financial statements   or   to   the   financial   statements   themselves and other additional
       procedures in accordance with auditing standards generally accepted in the United States of America In
       our opinion based on our audit and the report of other auditors the information is fairly stated th all


       respects
       ina3ei7al mrelationTo the       financial take as a
                                       atements              ti       a8uatory statistical
                                                                      tt
                                                                      The
                                                                      i
                                                                      and
                                                                      hal
       sections have not been subjected to the auditing procedures applied by us and the other auditors in the
       audit of the basic financial statements and accordingly      do not express an opinion or provide any
                                                                                  we


       assurance on       them




       Daytona Beach Florida
                                                                                       l
                                                                                       ji               G
                                                                                                        DY        CAD




       March 21 2012




                                                                      24




Page 137 of 303
                                                                                                                                  39
Regular Meeting - November 13, 2012




                                    J11MES     fVItJORF            0        A
                                                                            L
                                        1BL7C hCCOtIh i
                                        CLCTIFlF PH1T S
                                                      N1

                                                    Si1tTnNTs
                                               ANfi C31




                               MANAGEMENT LETTER OF INDEPENDENT AUDITORS

                     REQUIRED     BY CHAPTER   10RULES
                                               550             OF THE AUDITOR GENERAL




     To the Honorable     Mayor City Commission and City Manager
      ofthe City ofNew Smyrna Beach Florida



     We have audited the basic financial statements of   City of New Smyrna Beach Florida the City      as    of

    and for the year ended September 30 2011 and have issued our report thereon dated March 21 2012 We
    did not audit the financial statements of the Utilities Commission City of New Smyrna Beach Florida
    the aggregate discretely presented component unit T7tose financial statements were audiffid by other
    auditors whose t thereon have been furnished to us and our opit insofar as it
                     ports                                             on                   relates to the
     amounts    included for the Utilities Commission City of New Smyma Beach Florida is based         on    the
     reports ofthe other auditors

     We conducted   our audit in accordance with auditing standards generally accepted in the United States of


     America the standards applicable to financial audits contained in Government Auditing Standards issucd
     by the Comptroller General of the United States the provisions of Office of Management and Budget
                                                                         Profit
     OMB Circular A Audits of Slates Local Governments and Non Organizations We have
                      133
     issued our Independent Auditors Report on Internal Control over Financial Reporting and on Compliance
     and Other Matters Independent Auditors Report on Compliance with Requirements that could have a
     Direct and Material Effect on each Major Federal Program and on Internal Control over Compliance and
     Schedule of Finding and Questioned Costs Disclosures in those reports which are dated March 21 2012
     should be considered in conjunction with this management letter


     Additionally our audit was conducted in accordance with the Chapter 10 Rules of the Auditor
                                                                            550
     General which govern the conduct oflocal governmental enfity audits performed in the Sffite of Florida
     This letter includes the following information which is not included in the aforementioned auditors
     reports   or   schedule


     16334 1 Rules the Auditor General requires we determine whether or not
     Section 1
     1 of                                                     that
     corrective actions have been taken to address findings and recommendatiotvs made in the preceding
     annual financial audit The prior year recommendations and their status are summarized m our report over
     financial reporting and on compliance and other matters The following recommendations were not
     corrected during the current year

          5Uniform Aeeountin Policies and Procedures Manual See current year
          2010
          recommendation 2011
                         2


          2010 Information Technoloev Systems See current year recommendation 2011
          8                                                                   4




                                                         147




Page 138 of 303
                                                                                                                   40
Regular Meeting - November 13, 2012




    Section 10 2 Rules of the Auditor General requires our audit to include a review of the
             1
             5541
    provisions of Section 218 Florida Stamtes regarding the investment of public funds 1n connection
                            415
    wifh our audit we determined that the City of New Smyrna Beach Florida Florida complied with

    Section 218 Florida Statutes
              415

    Section 10 1 3 Rules of the Auditor General requires that we address in the management letter
            554 i
    any recommendations to improve financial management In comnection with our audit we have no such
    recommendations


    Section 104 Rules ofthe Auditor General requires that we address violations of provisions of
             1
             5541
    contracts and grant agreements or abuse that have occurred or are likely to rave occurred that have an

    effect on the financial statements that is less than material but more than inconsequential In connection
    with our audit we did not have any such findings

    Section   10 5 Rules of the Auditor General provides that the auditor may based on
              1
              5541
    professional judgment report the following matters that have an inconsequential eft on the financial
                                                                                     ect
    statements considering both quantitative and qualitative factors I violations of provisions of contracts
    or grant agreements fraud illegal acts or abuse and 2 deficiencies in internal control that are
                                                                                                         not

    significant deficiencies

        2011 Uniform Accounting Policies and Procedures Manual
        2

        As  reported in prior years the City Finance Department has never fully developed a formal
                                          s
        written accounting policies and procedures manual To achieve uniformity in financial reporting and
        to aid in the compilation of financial information for year end closing procedures we recommend

        this manual be established This manual should document among other things the following


              a An organization chart clearly defining lines of responsibility and reporting
                    s
              b The City policy on such matters as capitalization of assets
              c Processes employed for all major transaction cycles




         2011 General Fund Transfers Out Over Budeet
         3


         In connection with our  audit we noted General fund transfers out were over budget by 1
                                                                                               584    732
         due    the transfer to the golf course to reduce the advance no transfer into the general fund is
                  to

         recognized for the transfer in of capital assets due to governmental funds not reporting capital
         assets This transaction was approved by the City Commission but the budget amendment was not
         correct


         4
         ZOll Information Technoloev Systems


         The City is in the process of developing and approving various information technology security
         procedure and computer usage policies However at year end those policies have
                                                                                              not been


         implemented    In addition we noted policies developed do not document certain procedures and

         processes that we believe should be addressed

         1     The City does not have a formal process for adding or deleting employees from the network
         domain and various applications utilized by the City Due to the informality of the process there
         could be time delays adding risk the a terminated employee could access the system aztd cause
         harm We recommend a formal document be developed and submitted to the hrformation technology
         department by Human Resources as soon as possible after the addition or termination of an
         employee This process should also include procedures for terminating network
                                                                                                 access for
         information technology           due to their knowledge and previous access to the system
                                    personnel




                                                         148




Page 139 of 303
                                                                                                                41
Regular Meeting - November 13, 2012




         2     The City has developed a formal process for computer usage however the policy does not
         indicate that downloading programs and executable files is prohibited White user
                                                                                     sworkstations are
         setup so that i is not passible to install outside programs we recommend formally documenting the
         s
         City position in this regard Computer programs and other executable files could contain viruses or
         other unwanted and harmful software Formally documenting this will reinforce the City policy
                                                                                           s

         3     The City has started the process of developing a disaster recovery plan however this is in the

         very early stages of development We recommend the City devote adequate resources to developing
         and testing this plan as soon as possible so that in the event of disaster City personnel have been
         properly trained on the recovery process

         4     The City currently developed documentation does not document the procedures related to
                    s
         backing                                                                      s
                  up the City various servers and data contained on them The City policies should
                          s
         document among other things 1 The procedure for ensuring back up equipment is available 2
         How often the back up should occur 3 Where the backup will be stored 4 Procedures for testing
         the backup and haw often that will occur Such policies are also important trot only to ensure the
         current procedures are adequate but also to ensure that the process can be repeated in the event of
         turnover   in the information technology departmenk

         5     We continue to recommend the City consider the development of a formal documented model
         for administration of the Information Technology Division where information and guidance are
         communicated and enforced These policies should be developed documented in writing approved
         by senior management and implemented at the earliest convenience We also recommend the IT
         Division create a formal set of security policies and procedures A security policy should define user
         access to City computers and servers as well as provide a policy to mandate hat access levels

         should be altered when job duties change or an employee is distnissed Furthermore the policy
         should also clarify what abuses are not permitted as well as provide for a list of subsequent
         repercussions   to defined abuses It is   important that   the   policy clearly defines how incidents   should

         be handled and administered

         6      We recommend the IT Division create a formalized data retention policy The policy should
         define the method of data retainment a description of the data being retained as well as define a
                                               s
         firm time period Witlt respect to the City current internet usage policy we recommend the Internet
         Usage Policy be updated annually to reflect current human resource guidelines Additionally it is
         pmdent to review this policy in the initial training process of new employees We also recommend
         the City modify existing procedures in the IT Division to make the entire organization more

         standardized and secure The IT Division should consider applying a formalized password
         convention throughout the City Users should be required to change their passwords every 90 days
         Password conventions should also be set for optimal security It is recommended that a password
         should be a minimum of 8 characters comprised of a mixture of alpha and numeric values

         2011 Emeraenev Reserves
         5


                                                767     660
         Included in unassigned fund balance is 4which is intended to be set for use if a
                                                                                       aside
         natural disaster affects the City However the fund balance policy does not specify under what
         conditions these funds may be utilized If the City desires to show these funds as committed the
         fund balance policy must be amended and approved by the Commission via ordinance which is the
         City highest action power In either instance the City must state specifically trader what instances
         s
                                                             routine
         the reserves may be used and the purpose must be non to be in compliance with GASB
         Statement No 54


     Section 101 6 The Rules of the Auditor General requires that the name or official title and legal
              554 i

     authority for the primary government and each component unit of the reporting entity be disclosed in this
     management letter unless disclosed in the notes to the fmancial statements The legal authority
                                                                                                      for dte

     primary government    and each component unit of the reporting entity is disclosed in Note I ofthe basic
     financial statements



                                                           149




Page 140 of 303
                                                                                                                          42
Regular Meeting - November 13, 2012




         2        The City has developed   a formal process for computer usage however the policy does not

         indicate thatdownloading programs and executable files is prohibited While user
                                                                                      sworkstations are
         setup so that it is not possible to install outside programs we recommend formally documenting the
         City position in this regazd Computer programs and other executable files could contain vimses or
         s
                                                                                            s
         other unwanted and harmful software Formally documenting this will reinforce the City policy

         3     The City has started the process of developing a disaster recovery plan however this is in the
         very early stages of development We rewmmend the City devote adequate resources to developing
         and testing this plan as soon as possible so that in the event of disaster City personnel have been
         properly trained on the recovery process

         4     The City currently developed documenmtion does not document the procedures related to
                    s
                                                                                      s
         backing up the City various servers and data contained on them The City policies should
                           s
         document among other things 1 The procedure for ensuring back up equipment is available 2
         How often the back up should occur 3 Where the backup will be stored 4 Procedures for testing
         the backup and haw often that will occur Such policies are also important not only to ensure the
         current procedures are adequate but also to ensure that the process can be repeated m the event of
         turnover in the information technology depardnent



         5     We continue to recommend the City consider the development of a formal documented model

         for administration of the information Technology Division where information and guidance are
         communicated and enforced These policies should be developed documented in writing approved
         by senior management and implemented at the earliest convenience We also recommend the IT
         Division create a formal set of security policies and procedures A security policy should define user
         access to City computers and servers as well as provide a policy to mandate that access levels

         should be altered when job duties change or an employee is dismissed Furthermore the policy
         should also clazify what abuses are not permitted as well as provide for a list of subsequent
         repercussions to defined abuses It is important that the policy clearly defines how incidents should
         be handled and administered

         6     We recommend the IT Division create a formalized data retention policy The policy should
         define the method of data retainment a description of the data being retained as well as define a
                                              s
         fnm time period With respect to the City current internet usage policy we recommend the Internet
         Usage Policy be updated annually to reflect current human resource guidelines Additionally it is
         pmdent to review this policy in the initial training process of new employees We also recommend
         the City modify existing procedures in the IT Division to make the entire organization more
         standardized and secure The IT Division should consider applying a formalized password
         convention throughout the City Users should be required to change their passwords every 90 days
         Password conventions should also be set for optimal security It is recommended that a password
         should be                 characters comprised of
                      a mhtimum of 8                         a   mixture of alpha and numeric values


         2011 Emereencv Reserves
         5


                                                                                       aside
         Included in unassigned fund balance is 4which is intended to be set for use if a
                                                767     660
         natural disaster affects the City However the fund balance policy does not specify under what
         conditions these funds may beutilized If the City desires to show these funds as committed the
         fund balance policy must be amended and approved by the Commission via ordinance which is the
         City highest action power Li either instance the City must state specifically under what instances
         s
         the reserves may be used and the purpose must be uon to be in compliance with GASB
                                                             routine
         Statement No 54


    Section 10 1 6 The Rules ofthe Auditor General requires that the name or official title and legal
             554 i
    authority far the primary government and each component unit ofthe reporting entity be disclosed in this
    management letter unless disclosed iu the notes to the financial statements The legal authority for the
     primary govemment and each component unit of the reporting entity is disclosed      in Note 1 of the basic

     financial   statements




                                                       149




Page 141 of 303
                                                                                                                  43
Regular Meeting - November 13, 2012




                         MANAGEMENT RESPONSES TO TflE AUDITORS REPORT
                         ON INTERNAL CONTROL OVER FINANCIAL REPORTING
                            AND ON INTERNAL CONTROL OVER COMPLIANCE




      1
      2011 City View


      Response Management concurs The City is in the process ofreplacing City View with a more
      efficient system that will address these issues The system is projected to go live in March of
      2012


      2011 Uniform Accounting Policies and Procedures Manual
      2


      Response Management concurs The development ofthe manual continues to be a work in
      progress The Finance Depamnent is working diligently to complete the manual and plans to
      have a completed version at September 30 2012


      2011 Excess of Exoenditures
      3                                 over   Apnrooriations

      Response The   excess of expenditures over appropriations is the result of an internal transfer of

      assetsbetween funds The transfer of capital assets is to eliminate an advance to the Golf Course
                                                                                 7
      from the General Fund for GolfCourse renovations in the amount of2nullion This is an
      unlikely occurrence and should nottake place in the near future

      4
      2011 Information Technology Systems


      Response Management recognized the need for various ff protocols and employed a consultant
      firm to assess current IT procedures and securities At the recommendation of the wnsultant
      management hired an Information Technology Manager to assist with the institution of these
      policies and procedures Additionally City Staff is currently reviewing draft policies for
       implementation    which will address these issues


      2011 Emergency Reserves
      5


      The City will take this action into consideration and amend the current fund balance policy   as   it
      is the intentthe Eomrnission and management to show these reserves separate from
             of
       unassigned fund   balance




                                                         151




Page 142 of 303
                                                                                                              44
Regular Meeting - November 13, 2012




                    Basic Financial Statements




                                      41




Page 143 of 303
                                                 45
Regular Meeting - November 13, 2012




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Page 144 of 303
                                                                                                                                                            46
Regular Meeting - November 13, 2012




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Page 145 of 303
                                                                                                                                           47
Regular Meeting - November 13, 2012




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Page 146 of 303
                                                                                                 48
Regular Meeting - November 13, 2012




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Page 147 of 303
                                                                                                                                                     49
Regular Meeting - November 13, 2012

                         City OF   Smyrna Beach
                                   New
                  2012 Volusia County ECHO Application
                  13
                      Holland Park Improvements




                                   l
                                   C 5




Page 148 of 303
                                                         50
     Regular Meeting - November 13, 2012
    SECTION                PROJECT IMPACT NEED up to ao poiat5 z paces                                                   sided
                                                                                                                         aoame                rmit


a     1
     5 How will            vour      project         meet    soals                 156
                                                             the set by Resolution 2000
     Goal 1               ical                                           or
                  Provide environmentaVecolo cultural historicaVheritage and outdoor recreational opportunities

                  for public     use



        The South Atlantic Beach Park will                 provided    outdoor recreation             opportunities for public       use      by providing off

        beach parking and handicapped accessibility                   to   the beach       The entire site will be open for public uses including

        offparking
        beach                    a   restroom   facility and picnic pavilions


        The parcel is located          on   the east side of South Atlantic                                600
                                                                                      Avenue approximately 1 feet from                          the   3rd   Avenue

        Beach                           800
                 Ramp and approximately 2 feet                    from the       Flagler   Avenue Beach        Ramp Per information                 in the Volusia


        County    Beach    Safety Study        dated      August 2011       an    average of 285 vehicles        use   the   3rd   Avenue Beach         Ramp     on


        weekdays    and an average of 852 vehicles use the ramp on weekend                                days   An average of 521 vehicles use the


        Flagler   Avenue Beach         Ramp     on   weekdays and          an   average of 916 vehicles        use   this ramp     on   weekend days           Also

        per the 2011 Beach Safety Study New                 Smyrna     Beach      consistently        has three of the top five busiest beach ramps in

        Volusia County



        The Volusia County Beach Safety Study recommends the                           possible                            beack
                                                                                                      future eliminatin of off parking in front

        of the   Flagler   Avenue      pavillion     and beach ramp              If this occurs additional off parking will be required
                                                                                                           beach

        Additionally the CRA            Master Plan       Update 2010 lists broadening                  of the tourism market as one of the                 primary

        goals for the CRA            Ope of the      objectives     under this     goal    is to increase parking capacity within the oceanfront

        tourism   area     This parcel which is located within the CR4 district would provide much needed off and
                                                                                                          beach

        remote    parking for nearby businesses and would support                      the     goals of the CRA Master Ptan


        On October 18 2012 Joe Nolin with Volusia County Beach Management made                                               a   presentation       to the    City
                                                                                                                                                              s

        Parking Systems Task            Force        Per information        provided by         Mr Nolin there are                         300
                                                                                                                             approximately 3 beach

        parking spaces along          the east coast of Volusia            County   with                     100
                                                                                               approximately 2 of those spaces located                       in New


        Smyrna Beach          There are also         approximately 1 off parking spaces
                                                                   000 beach                                            Conversely            the   County issues

                      000
        approximately 20                25 annual passes and 400 daily passes per year clearly
                                        000                    000                                                                  demonstrating           the need


        for additional offparking facilities
                       beach

     Goal 4       Provide high duality user oriented outdoor recreational opportunities including but not limited to

                  access to   the Atlantic Ocean Beach through the establishment of oceanfront parks and off parking
                                                                                                         beach



        The South Atlantic Beach             Park will provided outdoor recreation opportunities for public                             use   by providing off

        beach    parking   and   handicapped accessibility            to   the beach       The entire site will be open for public uses including

        off parking a restroom
        beach                                   facility and picnic pavilions

     Coal 6        Stimulate investment in local projects by Regional State and National public and private                                     sources

                   through provision of local matching funds for grants


        The South Atlantic Beach Park property is                   currently owned by the County of Volusia which purchased the site                             in


        July 2012 using ECHO Waterfront Access grant funds                                As   part   of the   grant review process the New Smyrna

        Beach City Commission               agreed   to   partner   with Volusia       County         to constructiop the        park improvements and            to


        maintain the improvements             once   completed


     Page 149 of 303
                                                                                                                                                                  Sl
Regular Meeting - November 13, 2012
5 Provide three measurable
 2                                           proffram    oals ardinE
                                                         c ret subjects discussed in 51
Describe    a   Soal followed by the detail            on   how   you   will   measure         oal
                                                                                           the t



   Program Goal 1 Achieve 90 occupancy durin peak weekend and holiday                                  hours

      The  City will encourage and promote use of the South Atlantic Beach Park                           through
      its Waterfront Loop marketing campaign Literature includes a website                                monthly
      event brochures and email            news   and press releases


      This   goal   will be tracked      by drive and
                                            by              thru
                                                            drive observations         by City        staff


   ram
   Pro Goal 2 Maintain safety for pedestrians bicyclists and motorists
      Because the  project is located in close proximity to residential uses the City will
      monitor reported accidents involving vehicles and bicycles and pedestrians
                                                                    or                     If
      needed the City will provide additional signage or other safety features to reduce the
      number of interactions between vehicles and bicycles and pedestrians
                                                           or


      Thisgoal will be tracked on a monthly             basis   through   data collected   by   the   City    of New

      Smyrna Beach Police Department



      The property is located in close proximity to both the 3 Avenue Business District

                                                       s
      and Flagler Avenue Business District within the City Community Redevelopment

      Agency CRA District This property which has been vacant for a number of years
      is in close proximity to other approved private projects which have also been on hold
      for a number of years This includes a condominium project two parcels north of the
      site a condominium project approximately two blocks south of the site and a mixed
      use                                                                        d
           project at the northwest corner of South Atlantic Avenue and East 3 Avenue
      New       investment in this       neighborhood   will   likely be a catalyst to reinvigorate these
      projects      as   the   City   has received several   inquiries from prospective buyers who are
      considering purchasing            those sites



      Additionally                                                        traffic the parking lot
                          because the beach is closed at sunset to vehicular
      could also be utilized for visitors attending special events in the Flagler Avenue area
      as the site is only eight short blocks from the east end of Flagler Avenue




      Thisgoal will be tracked on an annual basis through data collected by the City of New
      Smyrna Beach Community Redevelopment Agency and Planning and Engineering
      Division




Page 150 of 303
                                                                                                                       52
Regular Meeting - November 13, 2012 New
                         City   OF Smyrna Beach
                  2012 Volusia County ECHO Application
                  13
                      Holland Park Improvements




                          I
                          SEC 6
                          T
                          lI




Page 151 of 303
                                                         53
   Regular Meeting - November 13, 2012
 SECTION 6 SUPPORTING DOCUMENTS NoT                                                REOUtrtEDl

This   is where the   applicant        may submit        support material that    was   referenced in the   body   of the

application                                                         5
              Do not include the documentation required in Sections I in Section 6 Do not include
letters of support   or a cover    letter in      anv   cart of the application


LETTERS OR PETITIONS BY USERS OR SURVEYS ARE ACCEPTABLE User letters may be
no more than one page in
                         length and include the organizations name number of members comments on
how often   they   would   use   the   facility                they would use it User letters issued from an
                                                  and in what ways

                                              e
individual should be from a significant user i an educator and not from general visitors who might use
the facility one time per year as this should be captured in the data you provide in the narrative relative to
the number of users A format letter issued by the applicant just for signature is not appropriate User
letters should not be from individuals that work at the facility as it is reasonable to expect these people
will participate in the programs at the facility Petition lists may be included when the ECHO project was

cleazly the reason the individuals signed the user petition This means the petition must include a detailed
description of the ECHO project Surveys should ask specific questions about the project and the need
                                                                                             or
for the project One copy of the survey with the survey result data is appropriate documentation




   Page 152 of 303
                                                                                                                            54
                Regular Meeting - November 13, 2012
 Insert this checklist at the front of the original application only This checklist is for guidance only The Application Guide is the governing docu
   mem and takes precedence over this checklist and the Application Forth The Application must be complete as required by the Guide when submitted

 Exceptional Projects must incude additional information Be sure to refer to SECTIONS 1 for details
                                                                                            5
 Fill in the Project Title and the Applicant Name where requested ECHO staff will complete items 1below Applicant completes all other items
                                                                                                         4

 inserts   a   check mark in the ao           ro    dates     uare on the           left column and
                                                                                    hand                     laces check marks          within the narcative where there is        more     than   one   choice


Project        Title South Atlantic Beach Park

A     licant Name Ci                    of New Sm               ma      Beach

                                                                               4
                                                                        ITEMS 1TO BE COMPLETED BY ECHO STAFF

    Arrived on time December 6 2012 Noon                                 Date             Time                      Project
1
2   One    original application             and one copy                    Y             N                         One Disk                 Y         N

3        placed
    Checklist                   on   iop of the original                 Y                N

4 SECTIONS 1 6 optional included
              5                                                 in   original       and copy         Y              N

                                                        THE      FOLLOWING               TENS      TO BE      COMPLETED BY APPLICANT
Applicant      does not     County money and does not have outstanding code violations
                             owe      the                                                   Y                                                                    N

See page 5 of the Application Guide A plicaM Eli ibili Re uirements for County office contacts                                                         to veri       clean hands status

Application meets the eligible applicant criteria
     Profits
     Not   For
     c      3
     501 status and incorporated in the State of Florida as aNotfor at least 2 years prior to the deadline of the ECHO
                                                                For
                                                                Profit
                                                  OR
    application with principal offices in Volusia County
     c      3
     501 status Tess than 2 years incorporated in Florida for at least 10 years prior to the application deadline with principal offices
    in Volusia County and 5 years audited annual financial statements with Management Letters OR

    c       3
    501 status incorporated in a State other than Florida for at least 5 years and registered to do business as a Foreign Corporation
    in the State of Florida with a local organization physically located and providing important public service in Volusia County far a

     minimum of 5 years
    FORMCHECKBOX                              A    municipality             in Volusia         County
    A bud         eted      o    anization of Volusia Coun                                 ovemment
INSERT INFORMATION IN THE FOLLOWING SEQUENCE fo number
                                    Remember                                                                                            a    es   consecutive         throw hout the a              lication
SECTION 1
                1
               1A           lication Form             2     a    es    the form is             a es   1 of this
                                                                                                       2                  a     lication
               1 Executive Summa
                2
                3ect
               1 Pro Team                      s       a e      maximum
                4
               1Mana            ement Pros ectus                       Polic         Statement              sided
                                                                                                      1 sin le                       a e    maximum
                 Profits ONLY
               1Not
                5               For
                               c       3
                IRS Letter for 501 status and operating main office in Volusia County for two years OR
                IRS Letter for 501 3than two years with proof of 10 years incorporation with main office in Volusia County
                               c        status less
                and 5 years audited financial statements with Management Letters OR
                IRS Letter for 501 status in another State for at least 5 years with proof of incorporation and registration to do business
                               c       3
                  in the State of Florida and                 proof     a   local group has provided public service for at least five years
                  Most recent Uniform Annual Business Report provided to the State
                  Insert the Business Tax Recei t and if a linable the fundraiser license                                              er    Cha ter 496 Florida Statutes

                6
               1 Proof of Unrestricted Ownership                         or     Undisturbed Use of         Facility           Corn    lete       123   or   4j
                 1 Unrestricted Ownershi    Co                              of          Deed    OR          Title

                   2   Undisturbed Use Proof of Undisturbed Use for                                           years and copy of
                  Lease or Land        Management Agreement WITH
                  Written       wrylanation of easements covenants AND                                      Other conditions           affecting   use   of the property

                   3   Exempt Application Project is Tor acquisition of real property Documents inducted are
                       a Letter of Intent to sell from Property Owner including expected closing date legal description and                                                        purchase price         AND

                       b     State certified or MAI              Appraisal see            page 23 of       application guide

               1 Restrictive Covenants Applicant must file
                7                                                                         a    Restrictive Covenants if a grant is awarded

                   1   If   mortgaged         or    leased include              a   written confirmation from Owner     Mortgagee or Lessor                      agreeing   to   sign   a   Restrictive

                       Covenants if a              grant is   awarded

                   2 Applicant has included a statement that they have agreed                                       to the Restrictive Covenants

                   3 Exempt Application Project is on State land
                                                       Federal

               1 Certification of Information
                8                                                    Compliance Form            with all   signatures
               1 Professional Certification Forth with
                9

                                            1At least    signature AND
                                                              one

                                            2  R of
                                               sum     Experience OR
                                                     Project
                                            3 Exempt Application is for                             vacant land         acquisition          OR
                Page 153 of                 303
                                            4 Exempt Application approved by                        the    County       and document from the            County      is inserted


                                                                                                                                                                                                           55
      Regular
SECTION 2           Meeting - November 13, 2012
      2 Scope of
       1                prior   and current phases 1page
                                                    2               maximum
           1        Describe    prior phases including completion dates
           2        Describe current phase and schedule for completion
      2 Scope of ECHO 8 Match 3 double pages maximum
       2                        sided

          1 a Physical Description of          the   projecUcurrent       and   proposed
                    1 What exists

                    2 What will    change   and be added

               b    ECHO and Match        expenditures discussed individually
                    1 ECHO funds how will ECHO funds be used

                                                                 been
                    2 Match funds how will have your Match funds be used

               c Timeline construction        flow chart with estimated expenditures              See Page       28 of   Guide
          2 Infrastructure Protection         Impact   on    neighboring facilities
            Operation
          3 Project Sustainability
                a Sustainability Form Form 22
                b   Narrative on    Sustainability
                    1 Construction Phase       How will      you   recycle
                                                                   reduce waste                conserve resources or           utilize   recycled products
                    2   Operations What operational plans           do you have to reduce environmental               impact
          4 Timeline of expected public         access

      2 Scope of Future Phases
       3                                   if applicable 1         double page maximum
                                                                   sided

          1 Describe       concurrent and future
                                      or                phases of this project
          2   Provide a timeline when these          phases will     be     completed
          3 Describe when and how the            public   will have use of the total        facility
          4 Describe the total project        costs and actual       funding    sources     that are   currently available
       4
      2 ogtor           Map Design Drawings unlimited              number of      pages
          1 Street locator map

          2 Drawings        to scale of   project existing    and proposed with            legends survey drawings
                a   The   following drawings    are   required for    all    projects Existing   8 Proposed site   facility
                b   The   following drawings    are   required for projects           with structures Elevations         Floor Plans

                c The     following drawings    are   required     if the   project   has expected future phases Site           plan     of future   phases
                d Drawings of architectural features landscaping                      and other features    encouraged      but not required

          3 Other drawings
SECTION 3
      3 Project Budget Detail Chart with Match Codes unlimited number of pages Include Expenses and Revenues
       1

      3 Matching Funds Statement including Match Summary Chart 1 double page limit w
       2                                                         sided             chart
          1     Narrative including a through f        as    needed

          2 Match Summary Chart
      3 Match documentation inserted Unlimited number of pages
       3

SECTION 4
      4 Operating Forecast Narrative 1 double page maximum
       1                               sided

          1   Form 4Business Plan
                    1                         Feasibility Study       and Marketing Plan
          2           facility
               Describe             use   include expenses and        funding sources 5minimum
                                                                                       year
               a What staff will     be needed

               b What additional maintenance will be required

               c    What new programs will be added

               d What      new revenue sources for        operations        will you have

          3    User Fees

               a Insert fee schedule which demonstrates that fees                     are common       for all residents   living   in Volusia county

               b                facility organized groups individual use only
                    Statement of use of                                                                   or   both

                                of operating budget 5minimum
          4 Example spreadsheet                     year
          5 Two Measurable Operational               Goals and how to track them

               a Two measurable goals
               b Method of tracking
      4 Fiscal
       2                       2
                    Stability 1 page maximum
         1 154 of on sustainable fiscal stability
      Page Narrative 303
          2 Explain financial trends deficits          etc
     Regular Meeting - November 13, 2012
      3
     4 Financial Audit Review             completed within    18 months of the         application       deadline

     Profit Organization
     Not  For

        1 Certified     Financial Audit       over 100K      or   Financial Statement Review                 under 100K
        2 Management           letter from Certified Audit or review

        3 Response        Letter relative to the   Management Letter
        4   Most recent month financial statement
                        end

     Municipal   or   County Government
        1 Basic Financial Statement under GAS634 not the full document

        2 Management           Letter from last fiscal year full audit

        3 Response        Letter from last fiscal year full audit

        4 Opinion from certified Audit
     Project Management Organization if different from                the      applicant
        7   The financial information as         requested        above is      required for         the management    organization

        2   Insert contractual     agreements between       the    applicant     and the    management organization
     Not
     Profit
     for

            If applicable insert documents to receive a check at                closing    of   an   acquisition project
            If applicable insert documents to prove your organization operated                         on less than 100000 per year averaged          over   three

            3 years

SECTION 5

     5 Discuss how the
      1                         project   will meet the   goals     set   by              156
                                                                               resolution 2000 as listed below

                  ecological             heritage or
        1 Provide environmental cultural historical and outdoor recreational opportunities

        2   Preserve signficant archaeological or historic           resources      and develop enhance and promote              heritage   tourism

             opportunities experiences and resources

        3   Foster    public   memory and     community identity by promoting              and   providing   access   to destinations and   experiences
        4   Provide    high quality   user   oriented outdoor recreational opportunities

        5 Improve the quality of life for Volusia citizens by providing access to the cultural arts increasing culturally based tourism
                                                                 urban
         and encourage redevelopment and revitalization of downtown areas


        6 Stimulate investment in local projects by Regional State and National public and private                           sources   through
            provision   of local   matching   funds for   grants
     5 Three Measurable Goals at minimum AND how you will track them
      2

        1 Provide three program goals

        2   As part of each     goal insert   the method that will be used to measure achievement of each of the                    goals
SECTION 6
        Appendices Applicant has provided additional information




     Page 155 of 303
                                                                                                                                                               57
   Regular Meeting - November 13, 2012 ITEM SUMMARY
                           AGENDA




Department Making Requeat                 Golf Course




Meeting   Date                         November    13   2012



Action Item Title               Award of Bid Fleet Golf Cart Lease


Agenda Section                           Consent   Agenda


Summary Explanation          Background
                           and
Sealed bids were received through 100 p October 18 2012
                                        m                                to   provide   55   golf carts and
15 fleet cars for lease by the NSB Municipal Golf Course
Bids were received from the following companies
Z
E
GO
YAMAHA GOLF CAR COMPANY
CLUB    CAR   LLC
A reconciliation of the bids received is attached


On October 18 2012 Golf Course Manager Gary Wintz and Assistant Finance Director Emily
Ollila Based on the overall cost and being the only bidder to offer a full trade for an existing ball
picker utilized at the golf course it was determined that the ranking of bids be as follows

   1    GO
        E
        Z
   2    CLUB CAR LLC
   3    YAMAHA GOLF CAR COMPANY


            Motion
Recommended Action
Approve   the Award of Bid and  subsequently adopt Resolution No 26 to affect entering into a
                                                                      12
                                                             cost of 167 865 Annually
                                                                     461041
Fleet Golf Cart Lease with     Efor a period of 4 Years at a
                               GO Z
for the duration of the lease
                          401 57 05 budgeted for                                            2013
                                                                                  for FY 2012
Fundin    Analysi         57 57  44016
                                 5                                    45
                                                                      000
                     Y
Exhib is Attached
        Resolution No 26
                       12

        Bids Received From      ECLUB CAR
                                GOZ                  LLC AND YAMAHA GOLF CAR

        COMPANY
                          00
        Purchase Order No 39084
Reviewed B                        Name                         Si   na    re


De artment Director               Ga   Wintz GC Mana      er


Assistant Cit      Mana   er      Khalid Resheidat
Finance Director                  Althea Philord
Cit    Attorne                    Frank B Gumme III                                                           i


Cit    Mana   er                  Pamela Bran accio

Commission Action



   Page 156 of 303
    Regular Meeting - November 13, 2012




 1                                                            26
                                                   RESOLUTION N012


2                          A   RESOLUTION               AUTHORIZING            THE     MAYOR            TO

3                          NEGOTIATE          EXECUTE AND DELIVER ONE OR MORE
4                          LEASES IN THE PRINCIPAL AMOUNT NOT EXCEEDING
5                          85405
                           160 WITH PNC EQUIPMENT FINANCE                                    LLC FOR
6                          GOLF       CARTS            FOR    THE       NEW     SMYRNA        BEACH
7                          MUNICIPAL              GOLF  COURSE PROVIDING FOR
8                          CONFLICTING            RESOLUTIONS AND PROVIDING FOR AN
 9                         EFFECTIVE DATE


10              WHEREAS the City of New Smyrna Beach Florida Lessee a
11        Florida municipal corporation  is authorized by laws of the State

12        of Florida to purchase   acquire and lease certain equipment and
13        other property           for      the    benefit        of    the   Lessee   and        its   inhabitants
14        and   to    enter      into      contracts         with   respect         thereto       and


15             pursuant
               WHEREAS to applicable law the governing body of the
16        Lessee Governing Body is authorized to acquire dispose of and
17        encumber real and personal property including without limitation
18        rights      and interest in             property          leases     and easements            necessary to
19        the   functions        or
                                        operations           of   the    Lessee       and



20                WHEREAS         the      Governing Body hereby                finds       and    determines       that

21        the   execution         of    one       or    more      Lease
                                                                  Purchase              Agreements           or    lease

22        schedules            Leases              in    the     principal   amount  not exceeding
23        85
          160 for the purpose
            905                                          of    acquiring the property Equipment
29        to be      described        in    the    Leases      is appropriate and necessary to the

25        functions        and    operations            of   the    Lessee      and



                  WHEREAS                                                                               shall
26                                PNC      Equipment         Finance          LLC    Lessor                       act   as

27        Lessor      under      said      Leases


                                                                                                                  OF THE
28                NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION
29        CITY OF NEW SMYRNA  BEACH FLORIDA AS FOLLOWS

30        SECTION I                Either         one   of the   City Manager of the City
                                                                    Mayor      or


31        of New      Smyrna     Beach       Authorized Representative acting on behalf
32        of    the    Lessee  is            hereby authorized to negotiate enter into
33        execute       and deliver           one       or   more   Leases      in    substantially          the    form

34        set    forth     in     the      document          presently        beforeGoverning Body
                                                                                        the

35        which document           is      available         for public inspection at the office of

36        the Lessee           Each Authorized                Representative acting on behalf of the
                                        authorized           to negotiate enter into execute     and
37        Lessee      is   hereby



    Page 157 of 303
     Regular Meeting - November 13, 2012




32         of  the Lessee    is hereby authorized to negotiate enter into
33         execute   and deliver one or more Leases in substantially the form
34         set  forth  in the document presently before the Governing Body
35         which document is available for public inspection at the office of
36         the   Lessee           Each Authorized                  Representative acting                    on      behalf      of the
37         Lessee      is   hereby          authorized to   negotiate                      enter into               execute          and

38         deliver          such        other       documents relating                         to     the      Lease           as    the

39         Authorized            Representative                deems      necessary            and     appropriate                   All

40         other related               contracts         and    agreements           necessary            and incidental              to

91         the    Leases         are    hereby          authorized


92         SECTION 2                    By    a    written         instrument           signed by              any Authorized
93         Representative                    said        Authorized             may        designate                specifically
49         identified            officers           or
                                                          employees           of     the       Lessee          to    execute         and

45         deliver      agreements                and    documents relating                 to      the    Leases         on   behalf

46         of    the   Lessee


47         SECTION 3                    The       aggregate          original           principal              amount          of    the

98         Leases       shall         not     exceed         the    amount         stated        above         and     shall        bear

99         interest         as    set       forth       in   the    Leases      and        the      Leases       shall contain
                                                                                                                 therein
50         such    options            to    purchase by            the    Lessee      as    set       forth



51         SECTION 4                    The       s  obligations under the Leases shall be
                                                  Lessee
52         subject      to annual         appropriation or renewal by the Governing Body as
53         set    forth          in    each Lease  and      s obligation
                                                       the Lessee                 under the

59         Leases       shall         not constitute general obligations of the Lessee or
55         indebtedness                under       the       Constitution            or        laws       of     the      State       of

56         Florida



57         SECTION 5                    As    to each         Lease       the   Lessee       reasonably anticipates
58         to issue not           more              000
                                                  000  exempt
                                             than 10of tax                                       obligations other
                                                                                           not qualified  c
                                                                                                          501     3
59         than    Private             activity          bonds       which      are

                                                  fiscal                 in   which     each        such       Lease      is    issued
60         bonds   during the                                 year
61         and  hereby designates                            each  Lease           as      a     qualified        tax
                                                                                                                  exempt
                                                                                                            Internal Revenue
62         obligation for purposes                        of   Section         265 b        of      the

63         Code    of    1986          as    amended



69         SECTION 6                       That    any       and   all    resolutions               that    are      in    conflict
65         herewith         be    and       the    same      are    hereby      rescinded and                  repealed

                                                               PAGE       2   OF 3


                                                                                        Golf     Cart Lease      e   Authorization

                                                                                        Reading       November      13 2012
                                                                                        November       5 2012
                                                                                        12
                                                                                        4 PM




     Page 158 of 303
     Regular Meeting - November 13, 2012




66         SECTION 7         That      this    resolution      shall      become   effective
67         immediately    upon   its   adoption



68         APPROVED AS TO FORM AND CORRECTNESS




          C

69

70         FRANK B    GUMMEY     Ill
71         City Attorney

72         Dated
                                       Z




                                              PAGE   3 OF 3


                                                              Gol Cart Lease e Authorization
                                                              Reading November 13 2012
                                                              Nwamber 5   2D12
                                                              a 12 Pta




     Page 159 of 303
                  City of Smyrna Beach
             Regular Meeting - November 13, 2012
                       New
                                                                                        Purchase Order
                 210 Sams      Avenue
                     New   Smyrna Beach FL 32168                                   Flsral Year   2013           Pape 1   of   1
                                                                                       TMS NUMBER MUST APPEAR O
                                                                                                              J ALL
          Mro
                                                                                           PACKAGES AND         INVOICES
     B                                                                                                  SMPPING PAPERS
           51301
     L                                                                              oceh     e


     L
           ACCOUNTS PAYABLE
           CITY OF NEW SMYRNA BEACH
                                                                                                        39084
                                                                                                        00
           210 SAMS AVE
           NEW SMYRNA BEACH FL 32168
     OT
           PNC EQUIPMENT FINANCE
           995 DALTON AVENUE                                              See   Shipping   Information Below
           USE REMIT 2 FOR PAYMENTS
           CINCINNATI OH 45203




                                                                      I
                                                   neyuucmVnrvumOer
                                                                                           DBIIVeryRBferenCe
                                          wnw
                                          an



          800
          1  559
          2755                                           6851                    See   Shipping Information    Below


     10
     2012014313
                                                                                       51301 ADMINISTRATIVE SERVICES

          FLEET CART LEASE

                T CART LEASE GOLF
                                  APPROVED BY CITY
                MISSION 9
                        25  12                                 1
                                                               01           Each            45000 45
                                                                                            000   00
                                                                                                  000
                572S
                1
                57
                57205       54401                 00
                                                  545  000
                Ship To
                ACCOUNTS PAYABLE CITY OF NEW SMYRNA BEACH SAMS A
                NEW SMYRNA BEACH FL 32168




9y              l      C
                   1 Q 10h
             Page 160 of 303
            Finance DireCOr
                                                     VENDOR COPY
Oct   05   2012   57
                  8    HP   FaxGolf   3864242188         page   1




              Regular Meeting - November 13, 2012

                                                                    fs 7   Lz


                             CITY OF NEW SMYRNA BEACH

                                                   GOLF COURSE




                                              REQUEST           TO BID




                                         Sealed bids must be submitted   by
                                  OCTOBER 18 2012 THURSDAY                 1 PM




              Page 161 of 303
Oct   05   2012   857   HP   FazGolf   38 64 2421 88            page   2



              Regular Meeting - November 13, 2012


                                         CITY OF NEW SMYRNA BEACH

                                                       INVITATION TO BID




             NOTICE IS HEREBY GIVEN that sealed bids will be

             accepted a the City of New Smyrna Beach Finance
             Department 210 Sams Avenue New Smyrna Beach
             Florida 32168                     or can     be mailed to that address but   must

             be received on                  or    before   Thursday       October   18 2012   at

              1 PM

             Contact the Golf Course office at 386 424 for
                                                   2190                                   a


             complete             copy of bid            package




              Page 162 of 303
                                                                        3
Oct   OS   2012     7
                   8 HP    FaxGolf 3864242188                    page


                  Regular Meeting - November 13, 2012




                                       FLEET GOLF CART LEASE



              The       City of New Smyrna Beach              reserves      the right to   reject any or   all
              bids not deemed to be in the best interest of the                   City



              I      BIDS


                    A    Sealed bids will be received        by the Ciry of New Smyrna Beach         210 Sams

                        Avenue     New Smyrna Beach Florida 32168 for Fleet Golf Cart Lease as
                        per attached bid form until October 18 2012 1 PM
                                                                         at which time no other

                        bids will be   considered regardless of reason for delay

                    B    Quotes may be mailed       or   otherwise   to the   address shown above All bids

                        should be enclosed in      a sealed   envelope conspicuously marked Fleet Golf
                        Cart Lease


                    C    Carts to be delivered to the New      Smyrna Golf Club 1000 Wayne Avenue
                        New   Smyrna Beach Fl           Delivery may be coordinated with Gary Wentz by
                        calling       2190
                                  386 424


                        All bids   ate to   be sealed   with appropriate    specification and   information and

                        back information delivered to City Hall Finance Department 210 Sams
                        up
                        Avenue New Smyrna Beach Fl 32168 before October 18 2012 1 PM

              Questions concerning this          bid should be directed towards Golf Course         Manager
                                2190
              Gary Wentz at 386 424




                  Page 163 of 303
Oct      O5   2012   Sal HP   FaxGolf    3864242188                       page    4




                Regular Meeting - November 13, 2012



                BID       REQUIREMENTS


                      1 Selling price per car             55   cars



                         Top split windshield wheel              covers sweater
                                                                                            basket single point filling
                         system sand buckets information holder club protector and number decals
                         1 thru 55

                         Trade value per       l
                                               car 3ob         v yalc     ccr

                                  Qcclfvn n
                                  be GawoC
                                  srnos w
                                  Alt W
                                  C Cli
                                  mC
                                  d       G
                         Pay off of current lease         alter the     Oc payment
                                                                        ober                        34130
                                                                                                    40

                         Interest   rate
                                                          a Qwlmeti
                                                          etit
                                                          Hur
                                                          nbr                                        20
                                                                                                     37328


                        Number of payments


AI                              a       For 36 months price            Lmv
                                                                       Z
                                                                       b  21 r4 5
                                                                             e 2A2

t
6ab                                     For 48 months     price
    balloon 0k                  c    Balloon at lease      ends                                                           tet

       P
       w
    end6
                                d    Monthly payment pe
                                e    Total   monthly payments            Scc     6ne   A    e 6
                                                                                            l


                        Warranty for batteries        motor and         body

                     2 Price for winter fleet cars
                        Fifteen   15 fleet cars January               15 to April I S


                        Price per month               J   00

po0
i
     p
         a              Deliver and pick up                    OD       qOD       C
                                                                                  p        uua
7u                      Cars to have       top windshield       sweater        basket      sand   buckets club   cover   and
                        information holder


                     3 Trade in Range Picker for new one                         44
                                                                            T 3 29                 19on ieafr     S 2a 44
                                                                                                                  S

                                                                    Trine         s    a   2010   be
                                                                                                  Ei       y
                                                                                                           vtd
                                                                      n          sn
                                                                                 B
                                                                          2uhnie tr


                Page 164 of 303
J   Oct   05   2012   ri7 HP   FaxGolf   3864242188                  Page    5




                 Regular Meeting - November 13, 2012



                                                               BID FORM

                 The    undersigned proposes               lease the New
                                                      to                   Smyrna Beach Golf Course of fifty
                 five   55

                 Price   to   include    delivery and pick     up to the New     Smyrna   Beach Golf Course The
                 city   is exempt from all state and local state taxes




                 AMOUNT                   55 deS
                                         a2
                                         2 Ncr of T
                                                  o                          21 R S L     o1cZ of   t ra
eo
                           36 MONTH
ICwz                                        AMOUNT PER MONTH                 48 MONTH     AMOUNT PER MONTH
W   4
    i           BY              4NNV
                                Vf                Kl6
                                                  C
                                                  t
          nt
QG11e0


                TITLE                                               is   tIftr




                COMPANY             CL       u   IS    Gib 2 L             L G




                ADDRESS                                All         vr c cw
                                                                   er               SI
                                          lnco
                                          todLL                              a
                                                                             3z
                PHONE                        O             Lb 3       y      03



                DATE           October 18 2012 1 PM




                 Page 165 of 303
uctr
tYJ    ut    2iy   HP   FaxGdf 3864242188                        paw 4



       Regular Meeting - November 13, 2012


        BID         REQUIREMENTS


              1 Selling price      Percar         55   cars



                   Top split windshield wheel             covers sweater          basket single point filling
                   system sand buckets information holder club protector and number
                                                                                    decals
                   1 thru 55


                Trade value       percar          00
                                                  1300        per        rk
                                                                         t
                                                                       z 6z6o
                                                                        o
                    flll TRADES             gee     flan
                                  MVSt
                                                           nq
                                                           fu
                                                           w           w
                                                                           r
                                                                           ef
                                                                           I
                                                                       Cenb vdhL          Wot
                                                                                          nt
                                                  n
                                                                                      a          c

                Pay     offof curnent   lease after the October payment 40
                                                                        30
                                                                        341
                                                         w4sr arl
                                                         Nove poie
                                                                        a3
                                                                        4tA
                                                                        Lo
                                                                        1
                Interest rate     s    below

               Number ofpayments

                         a   For 36 months        price          5 07   3n o
                                                                        20                  ln Ca4e 2 z Io
                                                                                            enst     q

                                      monthsprice 3eq
                                                   mo
                                                   Q
                         b For 48
                                                                                            esl Fe 05
                                                                                            nle r 3Io

                         c   Balloon   ai   lease end              O    C Lu p    o   ns
                                                                                      t
                                                                                      e      l       S d    s
                                                                                                           Il em0   o trw
                                                                                                                    ML
                                                                                                                    Q
                         d   Monthly payment per                 92 3L mo
                                                                 2y    t2Rr
                                                           car                               70 3L     43

                         e   Total   monthly payments See               we
                                                                        l             t g


               Warranty for batteries         motor and
                                                              body       See      ec
                                                                                  A11tcl
            2 Price for winter fleet cars

               Fifteen 15 fleet       cars    January      15 to   April     15

              Price per month                J 00
              Deliver and      pick up              00        90D       ea    w 1

              Cars to have
                               top windshield          sweater     basket sand buckets club          Dover and
              information holder

        3 Trade in Range Picker for new one                             5 yy
                                                                        4a
                                                                        uct
                                                                              T

                                                                       732
                                                                       yq
                                                                       i
                                                                    Ob
                                                                    IYWb               1f4 lcl            rD
                                                                                                     2010 E2        U
                                                                                                                    1
                                                                                                                     l
                                                                                                                    Y1
                                                                                                                         1




       Page 166 of 303
                                   3864242188               fad 5
pct   OS   2012    57 F FaxGolf


                  Regular Meeting - November 13, 2012



                                                       BID FORM

              The undersigned proposes to lease the New         Smyrna Beach Golf Course of fifty
              Sve 55

              Price   to include   delivery and pick   up to the New   Smyrna Beach Golf Course The

              city is exempt from all state and    local state taxes




                                   13
                                   O Ntt of TradoS
                                     2o                             oa
                                                                    3rb o      Kcl   o 1 raet
                                                                                         5
              AMOUNT

                                      AMOUNT PER MONTH              48 MONTH   AMOUNT    PER MONTH

                          MTONTH CKl6S
                         36


              BY           1
                           NN
                           Y


                                                           ALsC2
              TITT
              E




              COMPANY              C L u Gtr 2t                        c




              AnDRESS               337 5       N tl      f
                                                          tW
                                                          er

                                      t
                                      intfl
                                      6CL                    t      3Z of      a


                  PHONE
                                          0                      l 03



                  DATE        October 18 2 1 PM
                                         112




                  Page 167 of 303
Oct   05   87
           2012 HP FaxGolf     3864242188                    page 6



             Regular Meeting - November 13, 2012



                                                       BLlr


            The undersigned proposes to lease the New Smyrna Beach Golf Course of
                                                                                  15
            fifteen fleet cars from 3anuary 15 to April 15 2013

            Price to include delivery and       pick   up to the New    Smyrna   Beach Golf Course The
            city is exempt from   all   state and local   state taxes



b ego

                                                                               o0
                                                                                               way
            AMOUNT         15on                                            t        4oe   eF


                        AMOUNT PER              MONTH                    DELIVERY    t PICK    UI

            BY    ANuJ          CKI         S




            TITLE      l c




            COMPANY          LU
                             L Pj               R         Lt C



           ADDRESS        331           All W
                                            ettcan             a
                                                               k
                                                            gl P Ff                 32810



           PHONE          h
                        1b h 5b                  10
                                                 1




           DATE October 18 2013 1 PM




             Page 168 of 303
Oct   05 2012    7
                8 HP    FaxGolf    3864242188
                                                                 Page



           Regular Meeting - November 13, 2012



                                                         l
                                                         BiL


           The undersigned proposes to trade in
                                                existing                Range Picker for a new one to the
           New Smyrna Beach Golf Course

           Frice to include       pick   up and   delivery the   New    Smyrna Beach Golf Course    The
           city   is exempt from all state and local state taxes

                          CLU3CAR           al
                                                         So lw df
                                                         nc y                                  ranse   Qrs1e   CA
                                                                                                               o
                                                                                                             f
                                                                                                            bmou
                                                                                                             1 c
          732
          AMOUNT
          4q
                                                      t 52q
                                                      rlle
                                                      ia 4q
          BY                             cS
                                         kCkt



          TITLE




          COMPANY




         ADDRESS           3315 At wie Ivc
                                   ncpn                                    DRlaaao FI 3Z53
                                                                                      c


         PHONE          1u 4
                        b3R 703


         DATE         October 18 2012             1 PM




           Page 169 of 303
                                                           9075480008                          2
Oct   77   2012   21PM
                  5 Golf         Cl at   Narth    Hamptn                                page



             Regular Meeting - November 13, 2012




                                           Special Considerations


                  WARRANTY
                  Club Car LLC sole warranty wyl be its standard warranty for goti ears Club Car Limited
                  Lifetime IlYartanty far 2013 Fleet taoM Cars in the United States and Canada as allaChed
                  hereEo Club Car warrarrta that tha geo are fit for 11 purpose only to the extent stated in
                  the eCached wanarny and owner manuals acoanpsmr4rg the vehicle
                                              s



                  t3PECIAI CONSIDERA710NS

                  Club Car irx       the          of folbwing wtitr the lease of 5    2013 Electric
                                           uee
                                                                                                      powered golf
                  cars


                  One    1 2013 raw       turf 1   gasoline utility   vehicle w
                                                                              dmring range erxtiosure
                  K fleet is   teased Club       Car LLC retains      ownership of this utl1Uy vehicle




             Page 170 of 303
                                                                            9075480008                         4
Oct   17   2012    21
                   5 FM            Golf        Club   at   North   Hampto                               page




             Regular Meeting - November 13, 2012



                  01
                                                           plOptions Quotation
                                                           @CBdent
                       a   y   r   e   w   l




                                                                            October      15 2012

                   To The t Gub at North
                          soH                                         Hampton                           Salesman      oarMty   Edllse



             QUantiiv                                                 Dara
                                                                      crleflen                                        iwa
                                                                                                               I Iwla D     C
                                                                                                                            wl
                                                                                                                            ww




                   85                  2013 Club Car PreoedeM Electric GoM Cars                equipped
                                       with the fogowing standard equipment
                                       Automatic Betbery Charger
                                       250 amp Programmable CoMro9er
                                       Premium 8 VoR Batteries
                                       Armor Flex Bodies
                                       Four Year 1000 Round Battery Wafrarlty
                                       3 hp Electric Motor
                                         2
                                       Premium Grade Tires
                                       Sweater Basket

                                       Bagwell        Liner
                                       Scuff Guards
                                       Dual Double Ddnk Cup Holders
                                       Canopy Top
                  65                   Folddown windshield
                  65                   Single Point Waterloo System
                  130                  Sand bucket

                  65                   Information holder stick              on   windshield type
                  6ti                  Club protector
                                       Number decals H S
                  65                   Wheel covers
                                       Custom Nameplate iwo locos
                   b                   2013 Tud 1 gas utility w
                                                              driving canoe wb kit



                                                                                                    Totet
                                                      ta na

                       Tetms                                       O
                                                                   F
                                                                   B                         Del    Dale               Sh       Vla
                       lease                               CatNaM
                                                           TheC                              NovembarTpl2             Clu bCerTnldt

           Mes
           P gllalad aro Itrow M assay at tllaof gyoYllon ens
                                           gI10               sro auwanWO subJsct to aoceprolloa vMe1M1 30
           local to not Intluded CLUB
                 es                                                                                        Qays Applkabl8 state or
                                          LLC
                                          CAR mup approve dl neat terms pMSr ytt
           Mdolnlatlan far elaml approval                                          dealery CYelnrtler to WbIM rogWreA e1eW1


           Accepted by

            The Ooir Gub at NoAh                           Hampton                       Club Car LLC




             Page 171 of 303
                                                              9075480008                      5
Oct   17   2012   521PM   Golf   Club   at   North   Hampto                            page



             Regular Meeting - November 13, 2012




                     YIOY    10   MIS




                                              Precedent Lease Quotation

                                                              October 9 2012


                  Club Car LLC proposes to lease to The Golf Cb at North Hampton t35 2013 Club
                                                               b
                  Car Precedent electric powered golf cars equipped as stated on the quotation page
                  The lease rates are quoted herein and are subject to rarmat credit approval


                                                          Level      Payments
                                                     12 AAontNy Paymerrts Per Year

                                                              Pavmarrt   oer month


                            as months                              Ssoosao




                  Flrst Payment due           on
                                                   delivery   ofthe new fleet


                  The above proposal is firm for 30 days and is based on
                                                                         today M rate After 30
                                                                         s terest
                  days should vehlde prloes or irdereat rates fluctuate this rate win be adjusted
                  accordingly

                  Property taxes wnl         be the respor of the dub
                                                    sibllty



                  The Golf Club at NoAlr           ifampEon                  Club Car LLC




             Page 172 of 303
J

                                                                   9075480008                            3
    Oct   16   2012   33AM
                      8 Golf         Club   at    North   Hampto                                  page




                 Regular Meeting - November 13, 2012




                                                             TI Atl
                                                             RdC Il

                                                 The Goff Ctub at North Hampton

                      ll t
                      9
                      t                                                                                  P
                          7S            ZOO9                        Precedent electric              E
                                                                                                    Payo
                                                                                                    wrreat

                                                                                                    lease




                           All trade must be in fleet runnklg condition with
                               fns                                                                operating chargers if
                           electric   and canopy          tops Any     cars not   running   or   damaged will be r
                                                                                                                 eduoed
                           In value   accordingly


                      2    Club Car Inc will          rBngt the carropy
                                                      e                      tops frorrl trade to make them ready
                                                                                         ins
                           for   transport   at   no cost    to the   dub only if Cq Car Ir is transporting the
                                                                                  b          c
                           care




                      3    All trade must be free and dear of any liana and encumbrences
                               ins




                      Accepted by

                      The Golf Gub at bbrth               Hatnpton




                      THIe       vF
                                 9 fNAGf
                                 c
                                 C2L




                 Page 173 of 303
                                                                                                2
Oct   16   2012   33AM
                  8       Golf   Club   at   North   Hampto   9075480008                 page




             Regular Meeting - November 13, 2012




                                                      ons
                                              Special Considera


                  WARRANTY
                  Club Car LLC sole wartanty will be ita star wananty far gol cars Club Car Limited
                                                         d      deu
                  Litedme Wamsrrty tar 2013 Fleet Caoll Cars in Ute United Sffitss and Cerlada as attached
                  hereto Ciub Car wanar that the goods are fd for the purpose or tD the eoderrt sEated in
                                  Is                                              r
                  the atladted wanarsy and           owners   marxmle aocanpanying the w
                                                                                       tide



                  SPECIAL CONSIDERATION8


                  Club Car includes the       use    ottollowing wkh   the lease of 85 2013 Electric powered   god
                  cant


                  One    1 2013 new          but I   gasaBne ufl6ty vehicle wldriving range enclosure

                  ff fleet is   leased   Club Csr LLC retains          ownership of this utility veh
                                                                                                 le




             Page 174 of 303
Oct   76   2012       6 Golf
                      33PM               Club   at   North    Hampto    9075480008                    page   4




              Regular Meeting - November 13, 2012



                  o    a   v

                                                     pn Options Quotation
                                                     cedent

                                                                       October 15 2012

                      To The tlolf Club at NoFfh                 Nampton                              Salesmtin     Danny       Eaklea



              atw
              n                                                  vlMl
                                                                 flsew
                                                                 u                                           link Heice         Ertanslen



                      85             2013 Club Car Precederrt Electric Golf Cars equipped
                                                        tarrdard equipment
                                     with the folktwerg t
                                     Automatic Battery         Charger
                                     250 amp Programmable Controller
                                     Premhan 8  VoR Batmriea
                                     Armor Flex Bodies
                                     Four Year 1000 Round               Battery Warrardy
                                       2
                                     3 hp Electric Motor
                                     Promfum Grade Tires
                                     Svreater Basket

                                     Bagwell    lJrrer
                                     SaAf Guards
                                     Dual Double Drink         Cup     FIoklBre

                                     Canopy Top
                      85             Folddown windshield
                      85             Single Point Watering System
                      130            Sand bucket


                      85           Information holder            stick    on   windshield   type
                      85             Club orotactor
                                                   851
                                     Number decals 1
                      85             Wheel covers
                                     Custom Narnealatel two locos
                       t             20f 3 Turf 1 gas utility widdvina canoe cab kit



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                                                                                     Br Darmv 6ddes

             Title                                                                   Tllle Tertltoty Bales Afananer

             Data                                                                    Gate tkbober 1ti 2012




              Page 175 of 303
             Regular Meeting - November 13, 2012

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           17                                                                                                                       Page   1 of 3




             Page 176 of 303
                                                                                          e
                                                                                          hA
              Regular Meeting - November 13, 2012
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              Page 177 of 303
   Regular Meeting - November 13, 2012
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                                                                                                                                                Page 3 of 3
                10
  AAC 4833 gdl 11




             Page 178 of 303
           Regular Meeting - November 13, 2012
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           Page 179 of 303
Oct     05   2012   11
                    9    HP   FaxGolf   3864242188        page   1

    m

i
    i
               Regular Meeting - November 13, 2012


                                                     rZ G
                               CITY OF NEW S1 BEACH
                                           IYRNA

                                                     GOLF COURSE




                                                REQUEST          TO BID




                                               T




                                          Sealed bids must be submitted
                                                                          by
                                   OCTOBER 18 2012 THURSDAY                1 PM




               Page 180 of 303
Oct 2012
05         9
           11   HP   FaxGolf   3864242188           page   2



      Regular Meeting - November 13, 2012



                                CITY OF NEW SMYRNA BEACH

                                            INVITATION TO BID



      NOTICE IS HEREBY GIVEN that sealed bids will be

      accepted a the City of New Smyrna Beach Finance
      Department 210                   Sams    Avenue New Smyrna Beach
      Florida 32168 or can be mailed to that address but must
      be received on or before Thursday October
                                                  1 2012 at
      1 PM

      Contact the Golf Course office at 386 424 for
                                            2190                     a

      complete copy of bid package




      Page 181 of 303
Oct   05   2012   11
                  9 HP      FaxGolf   3864242188                  page   3

      r

             Regular Meeting - November 13, 2012




                                        FLEET GOLF CART LEASE



             The      City of New Smyrna Beach reserves the right to reject               any   or   all
             bids not deemed to be in the best interest of the
                                                                             City


             I    BIDS


                  A    Sealed bids will be received
                                                    by the City of New Smyrna Beach 210 Sams
                      Avenue         Smyrna Beach Florida 32168 for Fleet Golf Cart Lease as
                                    New

                      per attached bid form until October 18 2012 1 PM at which tune no other
                      bids will be considered regardless of reason for
                                                                       delay
                  B    Quotes may be mailed or otherwise to the address shown above           All bids
                      should be enclosed in a sealed envelope conspicuously marked                    Golf
                      Cart Lease


                  C   Carts   to    be delivered   to the   New Smyrna Golf Club 1000 Wayne Avenue
                      New   Smyrna Beach           Fl   Delivery may be coordinated with Gary blintz by
                      calling 386 424
                                  2190

                      All bids are to be sealed with
                                               appropriate specification and information and
                      up
                      back information delivered to City Hall Finance Department 210 Sams
                      Avenue New Smyrna Beach Fl 32168 before October 18 2012 1 PM

            Questions concerning this bid should be directed towards Golf Course Manager
            Gary blintz      at 3   86 424
                                       2190




             Page 182 of 303
                                      3864242188                                4
Oct   05 2012   11
                9     HP   FaxGolf                                       page


           Regular Meeting - November 13, 2012



            BID        REQUIREMENTS


                 1 Selling price per           car     55   cars



                     Top split windshield wheel covers sweater basket single point filling
                     system sand buckets sand buckets excluded replacing with existing
                     buckets information holder club protector and number decals 1 thru 55

                     Trade value per          car



                     Pay off of current lease after the C payment 40
                                                        ctober    30
                                                                  341
                     Interest     rate   a5
                                         3

                     Number of payments


                              a      For 36 months      price   3
                              b      For 48 months      price 48         owaK
                                                                         3               a lfadn
                             c       Balloon   at   lease end
                                                                              36 ne
                                                                                 d               g mo
                                                                                                   l
                                                                                                   v
                             d       Monthly payment        per    car   gb3 c3                 8y


                             e       Total   monthlypayments               G5
                                                                           k 6             B3
                                                                                            SG3
                                                                                            S                    X


                                                                l
                                                                e
                                                                t
                     Warranty for batteries motor and body L ww a8
                                                           M
                                                           a
                       geed vie 4ymz    scmQ wd
                                        21 h  v



                2 Price for winter fleet cars                                                                  C4
                                                                           l
                                                                         P rop
                     Fifteen   IS      fleet cars
                                                      January      15 to   April    15


                     Price per month                w3 a    D
                                                            c            qo         cw   vn
                                                                                         reorn           idpQ 4 cfu
                                                                                                         l
                                                     55 r ror      c
                                                       a
                     Deliver aad       pick   up         35                                P
                                                                                           Ra 1
                     Cars to have top         windshield      sweater       basket       sand   buckets club   cover   and
                     information holder

                3 Trade in Range Picker for new                 one      tvcl
                                                                         Jl                a c
                                                                                            a       arJ I
                                                                                                    aNa
                                                                                                    li rye




           Page 183 of 303
Oct   05   2012   11
                  9     HP   FaxGolf   3864242188                       Page    5



             Regular Meeting - November 13, 2012



                                                               BID FORM

             The    undersigned proposes            to lease   the New         Smyma   Beach Golf Course of
                                                                                                              fifty
             five   55

             Price     to include      delivery   and   pick   up to   the New Smyrna Beach Golf Course The
             city   is exempt from all state and local state              taxes




             AMOUNT                      6 7C 6                                     fSC3 u5
                        36 MONTH          AMOUNT PER MONTH                      48 MONTH   AMOUNT PER MONTI
                                                                                                      n
            BY




            TITLE




            COMPANY              2                      5ioa
                                                        iu             F       e



            ADDRESS                14s1     1
                                            lh4          nCE             QQ


            PxoNE                 8a ayi
                                     sa55



            DATE             October 18 2012            1 PM




             Page 184 of 303
Oct 05   2012   11
                9     HP    FaxGolf   3864242188                    page   6



           Regular Meeting - November 13, 2012



                                                          BID FORM



           Theundersigned proposes to trade in existing Range Picker for a new one to               the
           New Smyrna Beach Golf Course


           Price     to   include pick up and        delivery the   New    Smyrna Beach Golf Course The
          city   is   exempt from all          state and local state taxes




          AMOUNT                No     Crc YIG Tc eef
                                       o
                                       ct
                                       4w      rc iN
                                               A
                                               Qa
                                               i



          BY                I                    l




                                                                           J
          TITLE                                                                iM   f
                                                                                    1




          coMPANY                 Ga
                                  E s o T T
                                  Z o



          ADDRESS                1451      f1 2
                                           ary
                                 us
                                 ur E                 6
                                                      3atio


          PxoNE                 ccr       4I    5855


          DATE            October      18 2012       1 PM




           Page 185 of 303
Regular Meeting - November 13, 2012




                                 TEXTRON INC


                                   s
                         Assistant Secretary Certificate




     I ANN T WILLAMAN a duly elected Assistant Secretary of TEXTRON INC                 a

Delawaze corporation Textron do hereby certify to the following


1         Byrd P Rusty McGahee is the duly appointed Director of Controls
       That                                                                             8s

Compliance of the EDivision which is an unincorporated operating division
                  GOZ                                                                   of
        GO and
Textron E         Z

2      That Mr McGahee is authorized   by   Textron to execute   municipal   contract bids
on   behalf of E
               GO
               Z


       IN WITNESS  WHEREOF I have     hereunto set my hand and affixed the      Corporate
seal this                YZ
               day of 0 ftab              2012




                                                           t a
                                                            i
                                                           JQ orn v

                                             Assistant   Secretary




Page 186 of 303
Incumbency
Cenificafes
ATW
Legal 2012 McGahce
5
EZGO        doc
          Regular Meeting - November 13, 2012
Advantage          Golf Cars inc                                                                      Service Estimate
                                                                                                      Parts
                6606   Kinp Parkway
                       pointe                                                   a   raven   v
                                                                                            w
                                                                                            c
                   Orlando FL 32819                                                                                     Call Date        Estimate
                                                                  Authorized Dealer
Ph        407140
          2804                 Fax        407140
                                          2805                          Since 1991                                   9
                                                                                                                     1712012               2521


                advantagegolfcars
                vvww
                com
 BILL TO                                                                                    SHIP TO

New    Smyma     Gdf Gub

Gary   Wintz
1000 Wayne Avenue
New Smyma Beach FL 32168




                                                                                                             mar
                                                                                 2188
                                                                                 386424
            Gary   Wirdz                      2190
                                              366424


        O
       P No                                                  Serial 1                                                Promised            17
                                                                                                                                         9
                                                                                                                                         2012


 Oty               Item                                           Description                                      UM       Cost            Total

     15   2 Pass Elec Month      2 Passenger Electric Golf Car Indudes Top and                Charger                               00
                                                                                                                                   90       1
                                                                                                                                            350
                                                                                                                                              007
                                       00
                                 90per car per month
                                                                                                                                                007
                                                                                                                                              525
     15   Del                    Delivery pick up charge per            car   One time charge                                       00
                                                                                                                                   35

                                 Add 15 windshields 8 dub covers to vehides                                                                     0
                                                                                                                                              120 07
     15   Misc Part                                                                         One   time                              00
                                                                                                                                    8

                                 charge

                                 Vehides and battery chargers will be delivered in normal
                                 operating order Should any vehides w chargers fail during
                                 normal use Advantage GoH Cars will repair at no cost to New
                                 Smyma      Goff Club


                                 Should vehides  wchargers fail due to vandalism abuse


                                 neglect or ads of nature New Smyma Golf Club will be
                                 responsible fw repairs




                                                                                                                                                    S
                                                                                                                                                    OU
                                                                                                                                                    i
                                                                                                                                                    6

                                                                                                                                                    G04
                                                                                                         SUtltOta                          995
                                                                                                                                           1
                                                                                                                                           00


       WARRANTY            New Battedes 1 Year Conditional         Used Battedes 30 Days

           POLICY          Repairs   30   Days NO Warranty   on   Elec4ical Parts
                                                                                                         Sales Tax   U                         00
                                                                                                                                               0


                           This is an Estimate During the course of the repair other
                                                                                                             ta
                                                                                                         T
          ESTIMATE                                                                                                                         00
                                                                                                                                           1
                                                                                                                                           995
                           nrepairs may become necessary We will notify you if the                       1
           POLICY          fmal invoice willexceed this FsUmale BY 10


                                 This Estimate is valid for    Days
                                                               30              Upon approval please sign and return

 PRINT                                                            SIGN                                                      DATE
          Page 187 of 303
 Regular Meeting - November 13, 2012



        c
        p
        EQUIPMENT FINANCE



995 Dalton Avenue
Cincinnati OH 45203




To              City of New Smyma Beach
From            Michelle Caudill
Date            June 26 2012




Here is the buyout information you requested


Lessee Name          City of   New Smyrna Beach                              Original Term          48 Months
Lease Number         127803000                                               Start Date             November 4 2009
Asset Description      55      TXT PDA




Effective Date       October 6 2012

Payment Amount            103
                          3
                          10

Total number of payments to be invoiced              0


Residual Amount           00
                          0


Total Buyout           39
                       12
                       076



       iscounted payoff is based    on   PNCEF financing the replacement d      If there will not be a   replacement
       rlease contact PNCEF for     an   updated buyout   This  uyout does not inGude sales tax If you are a taxable
       please   contact PNCEF for the sales tax due on     your buyout    Lessee is responsible for the July through
        2012                                                                                                           I
       r        paments




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2
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                                            ya                          rtc    e
                                                                               6eu        ii   S    kr civ       o




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 Page 188 of 303
           Regular Meeting - November 13, 2012
PROPOSAL
                                                                                                                                                            A Textron   Company




To City of New Smyrna Beach                                                                                                   Date October 8 2012




     55       TXT 48 Volt Fleet car                     2013           36 Month
                                                                                             03
                                                                                            85 per car                        65
                                                                                                                              676
                                                                                                                              4            per month
                                                                                                                                 Balloon   0 per car

Net     payments based        on a                     585
                                        trade value of 1 per                           car or   87 total 39 of this will be used
                                                                                                175       076                                                  to

      pay offthe current lease with PNC Bank and the balance                                     099
                                                                                                 48   is being used to net down the

                        selling price            of the   new cars to achieve              the net payments listed above

LEASE PROGRAM DETAILS


Payment schedule        36 Month        Municipal        Lease                          Payment     months     January thru   December each year


Delivery    November 2012                                                               First pay    December 2012




              Top                                     Split Windshield                            Wheel Covers                      Message Holders
          Club Covers                            E Parts
                                                 GO
                                                 Z                   Package                       Logos                          Two Numbers per car

 Hand Held Diagnostic Tool                            Sweater Baskets                    Single poim filling system          Kee             l
                                                                                                                                            nH        v



Any change    to the accessory list must be obtained in                  writing    at least 45   days prior   to   production date

TRADE INFORMATION

                                        o                                   oo                                           6


           E
           GO
           Z                            55                       TXT PDS Fleet Car                             2010                Original equipment




PRICING BASED ON CURRENT MUNICIPAL RATES OF 3
                                            25FROM PNC BANK

SPECIAL


ZGO
E will agree to         provide    a new         2013 Cushman 1200           utility   with a range cage in trade for the clubs current 2010

range picker for   no   additional   charge

CURRENT EASE CONDfilONS
Lease Rates listed above are based               on   credit   approval and      current rates of 3 from PNC Bank E will terminate the
                                                                                                  25              Z1i0
Cities current lease contract after the October payment has been made                                    3
                                                                                                         103
                                                                                              City saves Novemberpoyment The                              lease

must be current with no past dues and all trades must be in                        good running condition and have working chargers



E GO at its discretion reserves the
Z                                                  right to offer     an   early   fleet roll option New Smyrna Beach must enter into            a   new    lease
or   purchase agreement with E 2 GO and the existing                       account must     be curcent and credit approved Prices quoted              are

those in effect at the time the quote is made and are                     guaranteed subject to acceptance within 45 days All lease cars and
trades must be In   good running            wndition and         a   fleet inspection will be done prior to pidt up R is the dab responsibility
                                                                                                                             s
to   either repair damages noted            or   pay for these repairs to be completed All electric cars must have
                                                                                                       a working charger

All pricing and trade values        contingent upon management approval Applicable state taxes local taxes and insurance
                                  are

are   not included Lease rates     may change if alternate financing is required Payment schedule does not include any
                                                                                         s
finance documentation        or   initiation fees that may be included with the first payment


City of New Smyrna      Beads GC                                                           Z
                                                                                           E
                                                                                           GO


Accepted by                                           Date                                Accepted by
                                                                                                                             I                   f
                                                                                                                                                     pI o
                                                                                                                          lCf
                                                                                                                                      Date


Title                                                                                     Title JI     t2i
                                                                                                       1df            l S OA
                                                                                                                      A
                                                                                                                      dfk T
                                                                                                                          D
                                                                                                                          f
           Page 189 of 303
                                                                                                                                              Wi


            Regular Meeting - November 13, 2012
PROPOSAL                                                                                                                                                         Company
                                                                                                                                                   a   reztron




To City of New Smyrna Beach                                                                                           Date October 8 2012




     55         TXT48 Volt Fleet        car        2013          48 Month               79
                                                                                       64 per car                     563
                                                                                                                      45
                                                                                                                      3per month
                                                                                                                      Balloon 0 per car


                                       585
Net payments based on a trade value of 1 per car or                                         175
                                                                                            87 total 39 of this will be used
                                                                                                     076                                                 to

      pay off the current lease with PNC Bank and the balance                                099
                                                                                             48 is being used to net down the
                            selling price of the      new cars to         achieve the net payments listed above

LEASE PROGRAM DETAILS


Payment schedule            48 Month   Municipal    Lease                        Payment      months      January thru December each   year


Delivery November             2012                                               First pay      December 2012




                 Top                            Split Windshield                             Wheel Covers                  Message Holders
            Club Covers                       E Parts
                                              Z
                                              GO            Package                            Logos                     Two Numbers per car

 Hand Held Diagnostic Tool                      Sweater Baskets                      Single point filling system
Any change      to   the accessory list must be obtained in writing at least 45 days prior to production date


TRADE INFORMATION

                                        o                              ae


             Z
             GO
             E                          55                  TPDS Fleet Car
                                                            CT                                            2010            Original equipment




                                            25FROM PNC BANK
PRICING BASED ON CURRENT MUNICIPAL RATES OF 3


SPECIAL


E will agree to
GO
Z                           provide   a new   2013 Cushman 1200         utility with   a   range wge in trade for the clubs current 2010
range     picker for   no   additional charge

CURRENT EASE CONDITIONS

Lease Rates listed above         are based on    credit approval and        current rates     of 3 from PNC Bank E will terminate the
                                                                                                 25              Z1
                                                                                                                 i0

Cities current lease contrail after the October payment has been made                                 3
                                                                                                      103
                                                                                           City saves Novem6erpayment The                      lease

must be current with no past dues and all trades must be in good                     running wndition and have working chargers

SPECIAL CONSIDERATIONS

E Z GO at its discretion reserves the           right to offer   an   early fleet   roll   option New Smyrna Beach     must enter   into a new lease

or   purchase agreement with E and the existing account must be current and credit approved Prices quoted
                             GO
                             Z                                                                                                             are

those in effect at the time the quote is made and are guaranteed subject                       to aaeptance within 45
                                                                                                   days                      All lease wrs and

trades    must
                    good running condition and a fleet inspection will be done prior to pick up K is tbe dab responsibility
                 be in                                                                                   s
to either
           repair damages noted or pay for these repairs to be completed All electric cars must have a working charger
All pricing and tradevalues are contingent upon management approval Applicable state taxes local taxes and insurance
                                                                                      s
are not induded Lease rates may change if alternate finandng is required Payment schedule does not indude any

finance documentation or initiation fees that may be included with the first payment


City of   New    Smyma      Beach GC                                                   E
                                                                                       GO
                                                                                       Z

                                                                                                      I          I
                                                                                                                                        Z
                                                                                      lby
                                                                                      Accepted
Accepted by                                      Date                                                                         Date



Title                                                                                 Title    Jf
                                                                                                                 dMnlUa
                                                                                                                     mf
            Page 190 of 303
    f

                                                          E X C E   L L E N   C E   I   iJ   M O T I   ON


w       Regular Meeting - November 13, 2012


                                                                              A Textron        Company




        Eric Kelster

        Fleet Sales   Representative
        North Floritla




        October 12 2012




        City   of New Smyrna Beach

        Purchasing Department
        210 Sams Ave
        New     Smyrna Beach              FL    32168


        To whom it may concern


        Based      on    the time       sensitivity of this bid and           the       respective buyouts            Ewould like to
                                                                                                                      GOZ

        state the following If the process to approve this bid makes it necessary for the City of
        New Smyrna Beach to pay their October lease payment E   GOis prepared to offer the
                                                                         Z

        following        as an    addendum to the         specifications            in the bid


                      36 month NET lease             payment will      be     83 per car or 4
                                                                               38           90
                                                                                            585                            for   55       fleet   cars


                      per month


                      48 month NET lease payment will be                       45
                                                                              63 per car or 3
                                                                                            489
                                                                                            75                             for   55       fleet   cars


                      per month


        If this situation occurs new fleet cars would deliver in December 2012 and the first

        payment would be January 2012 This will still allow the City of New Smyrna Beach to
                                                                                                                                                  save


        one    payment         in 2012     a savings      of   10
                                                               3
                                                               103

        For each of these the current lease would need to have all payments made through the
        November 2012            and the account would need to be curcent on all charges All
                                       payment
        other     specifications         on    the   proposals provided         in the bid will             apply

        If there are any questions about this additional addendum                                           please   contact   me   via   phone    or

        email


        Respectfully



        Sour
        Eric Keister




                                                                    textron
                                                                    ekeister                  com



                                                                    phone     4178
                                                                              904254



        Page 191 of 303
Oct   05   2012   9U3 HP   FaxC 3864242188
                           olf                            1
                                                   page


             Regular Meeting - November 13, 2012


                                             y
                                             tia
                           CITY OF NEW S1 BEACH
                                       TYRNA

                                             GOLF COURSE




                                       REQUEST TO BID




                                   Sealed bids must be submitted   by
                              OCTOBER 18 2012 THURSDAY              1 PM




             Page 192 of 303
Oct 05 2012   9 HP
              03     FaxGolf   3864242188           page   2


         Regular Meeting - November 13, 2012



                                CITY OF NEW SMYRNA BEACH


                                            INVITATION TO BID



         NOTICE IS HEREBY GIVEN that
                                                                    bids
                                                                sealed will be
         accepted    City ofNew Smyrna Beach Finance
                        a   the

        Department 210 Sams Avenue New Smyrna Beach
        Florida 32168 or can be mailed to that address but must
        be received                    before
                               on or
                                                Thursday        October 18 2012   at
         1 PM

        Contact the Golf Course office                 at          2190
                                                               386 424 for   a

        complete        copy of bid package




         Page 193 of 303
Oct 05 2012   03
              9 HP       FaxGolf   3864242188                    page   3


         Regular Meeting - November 13, 2012




                                    FLEET GOLF CART LEASE



        The       City   of New      Smyrna Beach          reserves      right to reject
                                                                            the                   any   or   all
        bids not deemed to be in the                   best interest of the City




        I BIDS


              A    Sealed bids will be received           by the City of New Smyrna Beach 210                Sams
                  Avenue New Smyrna Beach Florida 32168 for Fleet Golf Cart Lease as
                  per attached bid form until October 18 2012 1 PIvl at which time no other
                  bids will be considered regardless of reason for delay

              B    Quotes may be mailed or otherwise to the address shown above All bids
                  should be enclosed in a sealed envelope conspicuously marked F eat Golf



              C Carts     to   be delivered     to   the New   Smyrna Golf Club         1000
                                                                                          Wayne Avenue
                  New   Smyrna Beach            Fl   Delivery   may     be coordinated with Gary blintz by
                  calling 386 424
                              2190

                  All bids                 sealed with appropriate
                               are to be
                                                                            specification   and information and
                  up
                  back information delivered to City Hall      Department 210 Sams
                                                                              Finance

                  Avenue New Smyrna Beach FL 32168 before October 18 2012 PM
                                                                     1

        Questions concerning this bid should be directed towards Golf Course Manager
        Gary   Wirtz at 386        2190
                                   424




         Page 194 of 303
Oct 05   2012   903    HP   FaxGolf   3864242188                         Page   4



           Regular Meeting - November 13, 2012




          BID          REQUIREMENTS


                1 Selling price per car              55   cars



                      Top split windshield wheel              covers     sweater     basket single point filling
                      system sand buckets information                    holder club protector and number decals
                      1 thru 55


                      Trade value per      car            P      DD         DO

                    Pay off of current lease after the Aetel payment 8 3
                                                       er            t
                                                                     0t
                                                                      9  a                                            00

                                                                     s3
                      Interest rate
                                          f 792           o
                    Number of payments

                              a   For 36 months       price          C              gCf        a


                              b For 48 months         price               70          S   G    0


                             c    Balloon    at lease     end                          O       k
                                                                                               Ce

                             d    Monthly payment          per   car        4              D       f    4St
                             e    Total   montlily payments                          c
                                                                                    7 o0                j7
                                                                                                        3S 0

                    Warranty for batteries           motor    and    body

                2   Price for winter fleet         cars



                    Fifteen    15     fleet cars     January     15 to April 15


                    Price per month            TS
                                               bb                x   S                j            Ob

                    Deliver and pick up                              f

                    Cars to have top        windshield        sweater basket sand buckets club          cover   and
                    information holder


                3 Trade in Range Picker for new one




           Page 195 of 303
Oct   05   2012   903    HP   FaxGolf   38642421 88                             5
                                                                         page


             Regular Meeting - November 13, 2012



                                                                BID FORM

             The    undersigned proposes              bo   lease the New Smyrna Beach Golf Course of
                                                                                                              fifty
             five   55

             Price      to   include delivery     and      pick up to   the New     Smyrna Heach Golf Course     The
             city   is exempt from all state and local state               taxes




             AMOUNT                       4 C d                                     37
                         36 MONTH         AMOUNT PER MONTH                      48 MONTH   AMOUNT   PER   MONTH
             BY




            TITLE                         I S j2 1                 Sa           S        J




            COMPANY                          y                      GCC                     c P
                                                                                            tM            7


            ADDRESS                       O
                                          D                  r vr        1cJ                  r
                                                                                              hS
                                        JI                         rim              G
                                                                                    o
            PHONE                            j3         7    77           l


            DATE              October     18 2012 1         PM




             Page 196 of 303
Oct 05 2012   9A3 HP   FaxGolf   3864242188                    page   6



         Regular Meeting - November 13, 2012




                                                      ltl
                                                      B
                                                      i


         The    undersigned proposes to lease the New Smyrna Beach Golf Course of 15
         fifteen fleet cars from      January    IS   to
                                                           April 15   2013

         Price        include
                 to
                                 delivery and pick up to the New Smyma Beach Golf Course            The
         city   is exempt from all     state   and local state   taxes




         AMOUNT                               S            6

                         AMOUNT PER MONTH                                 DELIVERY        PICK 1P

         BY




         TITLE                                                                    F   J   G   l


        COMPANY                                                                        J
                                                                                       PY


        ADDRESS                           E          cJ 1        3        cS


        PHONE                W
                             7                   r
                                                                          D   G


        DATE OMober              18 2013 1 PM




         Page 197 of 303
Oct 05   2012   903   HP   FaxGolf    3864242188                    P
                                                                    9e


           Regular Meeting - November 13, 2012



                                                          Bm Foxes




          Theundersigned proposes to trade in existing Range                       Picker for   a new one to   the
          New Smyrna Beach Golf Course

          Price   to   include       pick   up and delivery the New      Smyrna Beach Golf Course The
          city is exempt from all            state   and local   state taxes




          AMOUNT                      G
          BY




          TITLE                         S            I            S            S      A J GJ


          COl1
          PANY                       1n                           L      Cf            Co         P    f   y


          ADDRESS                  i
                                 1 Pil                       k                 o




          PxoNE                       mi l               7 7 7 8l 3 3



          DATE         October         18   2012 1 PM




           Page 198 of 303
 Regular Meeting - November 13, 2012
                                              AGENDA ITEM SUMMARY

                                                                                                        Reset Form



Department Making Requeat                       Police



Meeting Date              lat     Reading      November 13 2012             2 Reading
                                                                             d


Action Item Title
                            Request       for No     Parking Signs

Agenda Section                      Consent      X       Public   Hearing          Special   Items



Summary Explanation                 and   Background
Six No Parking signs        are    recommended placed in front of the NSB High School along the roadway    on   10th

Street to alleviate   a traffic   situation




Recommended Action
            Motion




Funding Analysis                   Budgeted      X            If not   budgeted    recommended       funding   account




Exhibits Attached




Reviewed B                                    Name                            Si    a   re


De artment Director                           Ronald P Pagano



Finance Director                          Althea   Bradley
                                                   Philord
Cit   Attorne                                 Frank Gumme

Cit   Mana     er                             Pam Bran accio


Commission Action




 Page 199 of 303
Regular Meeting - November 13, 2012




                                      Memorandum

   To     Lieutenant Michael Brouillette

   From      Sergeant Christopher               Roos

   Date      10
             201219

   Re New        Smyrna Beach High              School




   On    October     10 2012        Officer   Delahanty investigated         a   complaint at the New
   Smyrna     Beach High school          in   reference to    a    traffic   hazard      I   have read   his

   memorandum          and attached documents            1    have also further         investigated     and
   determined that DOT has no specific rules             or   guidelines     that dictate the distance

   required between signs Their guidelines state Spacing of signs should be based
   on   legibility   and sign orientation        They also state If the          zone   is unusually   long
   signs showing       a   double    arrow    should be used at intermediate points within the

   zone       After reviewing all        the    information    1   agree with      Officer     s
                                                                                               Delahanty
   assessment and solution




                                                                      r
                                                                      A




Page 200 of 303
Regular Meeting - November 13, 2012




                           Interoffice Memorandum

  To           Sgt   Roos

  From Mike Delahanty
  M   O

  CC

  Date October             10   2012

  Re           New    Smyrna Beach High           School




  Since the          opening    of the New        Smyrna   Beach    High      10 St the
                                                                              h
                                                                            School at 1015
  Motors Division has received numerous complaints about vehicles stopping parking
                                                                  h
  dropping off or picking up kids in front of the school on 10 St The vehicles
                                            and on the white lined portion of the roadway
  consistently stop in the right turn lanes
  blocking      school traffic and school busses            The    stopped   vehicles also create   a    visual
  obstruction for traffic        leaving    the   high school      The complaints     have been received
  from   students parents          and New        Smyrna   Beach   High School employees

  No   Stopping Standing        Parking signs placed along the roadway in front of the
                                       or

  school would help to alleviate this problem and assist with enforcement         Unless
  there is a specific distance between signs required by DOT a total of six signs should
  suffice This would place two signs east of the bus entrance two signs between the
  bus entrance and main entrance and two                   signs   west of the main entrance


  Attached       is    a   Google Maps illustration         of the       affected   area   and   where    it   is
  recommended the           signs be placed




    Page   1

Page 201 of 303
     Regular Meeting - November 13, 2012




j




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                                           O


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                                           U
                                           O




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                                           c

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                                                c

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                                           o
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      4
     Page 202 of 303
Regular Meeting - November 13, 2012




                               NO
                             PARKING
                              STOPPING
                              STANDING
                               RNY TIME




Page 203 of 303
 Regular Meeting - November 13, 2012
                                     ITEM
                                     AGENDA SUMMARY

                                                                                                                 Reset Fo
                                                                                                                       Ifl



Department Making Request                Police



Meeting   Date         let   Reading     November        13   2012       2 Reading
                                                                          d


Action Item Title
                         Request    for No Left Turn       sign

Agenda Section                 Consent    X        Public     Hearing                   Special       Items



Summary Explanation and Background
The Police Department is     recommending   a   No Left Turn sign erected          on   the south side ofthe roadway at the

entrance tothe parent pickup driveway at Read Patillo Elementary School                                 drivers
                                                                                         It would deter parents from

blocking traffic and remind them to follow the traffic   plan   distributed   by   the school




            Motioa
Recommended Action




Funding Analysis              Budgeted      X             If not    budgeted            recommended           funding   account




Exhibits Attached




Reviewed B                           Name                                          Si    ature

De artment Director                  Ronald P Pagano
                                                                                                  I




Finance Director                            Bradley
                                     Althea Philord

Cit   Attorne                        Frank Gumme

Cit   Mana     er                    Pam Bran accio                                                       J
                                                                                                          t




Commission Action




 Page 204 of 303
Regular Meeting - November 13, 2012




                            Memorandum

  To   Lieutenant Michael Brouillette

   From   Sergeant Christopher Roos
           7
   Date 7 0912012

   Re Read Patillo   Elementary School



   On October 70 2072 Officer Delahanty investigated         a   complaint at Read Patillo
   Elementary School in reference to   a   traffic hazard   1 have read his memorandum

  and attached documents and agree with his assessment and solution




                                                       fl d




Page 205 of 303
Regular Meeting - November 13, 2012




                                 Interoffice Memorandum

  To            Sgt   Roos

  From Mike Delahanty
  M   O

  CC

  Date October               10    2012

  Re            Read Patillo       Elementary



  Duringthe end of the school year 2011 2012 and the beginning of this school year I
  have been confronted by numerous parents and school administrators complaining
  of traffic in front of the school            The main  complaint is traffic which           turns off of S Dixie

  Freeway               h
                  onto 6 St and then             stops in the roadway to make                 a   left turn into the
  school   h
          6 St is a two lane roadway divided by double yellow lines                                        While the
  vehiclesare stopped they block traffic behind them which eventually                                      has been
  observed backing up into S Dixie Freeway


  The traffic         plan   for Read Patillo    Elementary      is distributed to     parents by       the school at
  the    beginning
               of every school year                    It instructs   parents    drivers to enter onto         h
                                                                                                               6 St
  from Palmetto St Live Oak St Magnolia                         St    or   Riverside Dr and travel west into
  the school          zone



  In    an   attempt     to alleviate this     problem      can we   have   a   No Left Turn       sign   erected     on

  the south side of the               roadway    at the entrance to the       parent pick up            driveway
                                                                                                            It
  would deter           parents     drivers from   blocking     traffic and remind them to follow the traffic

  plan    distributed      by the     school


  Attached         is    a       Google Maps     illustration   of the      affected   area       and    where   it   is
  recommended                a   No Left Turn   sign   be   placed




       Page 1
Page 206 of 303
Regular Meeting - November 13, 2012




Page 207 of 303
Regular Meeting - November 13, 2012




Page 208 of 303
  Regular Meeting - November 13, 2012 ITEM SUMMARY
                          AGENDA


Department Making Requeat Special            Event Committee



Meeting Date       November      13   2012


Action Item Ytle Norwood
                 s                Holiday    Food      Wine Festival



Agenda Section             Consent     X      Public   Hearing         Special   Items



Summary Explanation        and   Background

Event Dates       Friday November      30 Saturday
                                       h                           and
                                                        December 1 S Sunday December                    2d
2012



              O
              7 30pm
            30 Opm 9
Event Time 11
                   018
                  12 OOam             S
                                      OOpm
                   02 Opm
                  12 1
                     O                S
                                      OOpm

Host Norwood Restaurant and Wine
     s                                        Shop

The Annual  Holiday Festival will be held at Norwood Restaurant There will be food and
wine tasting entertainment a charity raffle and a silent auction


They are requesting approval to close 2nd Ave from Goodwin Avenue to Cooper Street
on Saturday December ls 2012 from 10 a thru 6 p
                                           00m       00 m




            Motion
Recommended Action

         Staff Recommends             Approval

Funding Analyaie  Budgeted         If not budgeted                 recommended           funding   account

       No expense should be incurred by the City


Exhibits Attached        Special Events Application

Reviewed B                       Name                            Si nature

SE
Recreation Su        v           Elizabeth R Yance                                        i


Asst Cit Mana       er           Khalid Resheidat                                                   Z
Finance Director                 Thea Philord
Cit   Attorne                    Frank Gumme

Cit   Mana   er                  Pam Bran accio                                          G



Commission Action


  Page 209 of 303
           Regular Meeting - November 13, 2012
                                            rBNA
                                cirr of NEw s BEACH

                                SPEC EVENT APPL
                                AL         ON
                                           CAT
                                                         UP
                                                         FOLLOW


 Name of Event            OC S
                       6V 6ZiA c                     t l c1Qea
                                                     Ot              Jt
                                                                     l               I
                                                                                     i
                                                                                   V y HL

 Event Date
                                                     r        er     ol   o1 l a
                                                                          C

 Contact Information        n           rn
                                        O
                                        ilY
 Brief   Description   of




Staff Reviewed

                                       Dept                 Phone                  mail
                                                                                   E        Date
 Name

                              S
                              Recreation E               386424cev@ citvofnsb m
                                                         2175 Iva n co

                              Maint
                              Operations                 2202
                                                         386  hbeardCacitvofnsb
                                                              com
                                                            424


                              Planning     Dev           386424
                                                         2015
                                                                                                       Z
                              Fire   Department          386424
                                                         2128
                                                                                            j z
                              Police Department
                                                                                          J e23
                              Code Enforcement        2131
                                                      386  bbobelakCa
                                                           citvofnsb
                                                           com
                                                         424                                       Z
                                                                                          23
                                                                                          p
                              Bldg Department         2139
                                                      386  mknotekna
                                                           com
                                                           cityofnsb
                                                         424
                                                                                          73
                                                                                          0
                                                                                          Z


Conditions of Approval




                 r




City   Commission      Approval Required         i    es            ONo


           Page 210 of 303
    Regular Meeting - November 13, 2012

                                                                                                                      OFFICE USE ONLY
                                                                                                                   DATE   RECEIVED
                         C OF NE1N SMYRNA BEACH
                         TY
                                                                                                                   RECEVED BY

                         AL
                         SPEC EVENT APPL
                                    CAT
                                    ON                                                                             REVIEW DATE




SPECIAL EVENTS


A   Special     Event is      an event        whichby itself or in conjunction           with other events occurring during the
same    time    such     as
                              during      a
                                              community wide event is likely             to have an impact on the community
including but not limited to factors such as traffic noise or other aspects of public health safety and
welfare Special Events must be approved in advance by the City Commission at which time staff will
make their recommendation


Application     for    Special   Events must be submitted at least                 thirty 30 days     in advance of the   requested
event


This   application      is nol   a   permit     to   conduct   a   special   event




10       REQUIRED INFORMATION

11       Name of Event                    orwooS                   od                  WI        sy
12 Name of Producer and Promoter
                    or                                                    Y1o      s
                                                                                   aoc
                                                                                       tp
                                                                                       nT
                                                                                        es
                                                                                        nra
12       Type     of                Profit Profit
                       Organization Non For                                              Charitable       Government

13 Contact Person                    or14                      S1    m             S


14 Address                Op
                          L n                           Ve
         City   P
                Yl                            rya      bcac                          State     rZ        Zip   Code   7a r 63

15 Work Phone                        5r   6al          Home Phone            02 9f1
                                                                             xfl 5               Fax Number        28 O
                                                                                                                   x S9Fi
         Email Address           W
                                 AoI
                                 6
                                 neel                              Coin      Website         orwo
                                                                                             c
                                                                                             S
                                                                                             y Cam

20       BILLING INFORMATION

21       Is the   party responsible for billing           the same as above               Yes
                                                                                          Q             No

         If no    please provide the proper information                   below

         Name                                                                Address


        City                                                                           State                 Zip   Code

        Work Phone                                                           Fax Number




30      EVENT INFORMATION
                                                                                   t7ecc
                                                                                   be                          aol Z
31                 Date
                   s                      oV 30                SUrdU
                                          Close           aid             vc
                                                                          r on            17ec    l s     G           y
                                                                                                                      roprr           e
                   Requested
32      Location of Event                 00                        Avg            le          Swn cu 1
                                                                                               rna                           L 2      16



                                                                   Page   1 of 7
    Page 211 of 303
  Regular Meeting - November 13, 2012

33     Description        of Event                                                   o           ln1t              Fe s         a




34     Site Plans      are    required    and must include

              Pedestrian Access             Parking      and Vehicular Access                     Location of Port if any
                                                                                                              Lets
                                                                                                              o

              Dumpsters       and   or   Trash Cans        Number and                 Location of Vendor Display Areas Venue


       Stage if any              Tents       Barricades Cones

35 Insurance An insurance                  policy naming       the   City     of New      Smyrna        Beach    additionally   insured for

       a                000
                      000
           minimum of 1 must be                          provided        no   later than five      days prior to the scheduled
       event Proof of insurance is            required for     all events if         applicable
36 Will       an   admission fee be        charged    for the event                             es
                                                                                                J                 No

      Will    an   admission fee be        charged prior to      the event                             Yes   o
      Will fees be collected on before during event
                             site                                                               Yes
                                                                                                v                 No

37 Event time                Date     ov o
                                      r       Start
                                                      Z a p End
                                                        m m
                                                                                                   a
                                                                                                   m
      up
      Set                    Date        y Start
                                         29               S          a   r     p End
                                                                               m                  fa p
                                                                                                   m m


      Breakdown              S
                             Date Start
                             C3                           8                    p End
                                                                               m                             a
                                                                                                             m

      Rain date              Date             Start               a
                                                                  m p End
                                                                    m                                        a
                                                                                                             mp
                                                                                                              m


      ll
      Howwi               general public
                    the                     be notified about acancellation                     postponement of the event

                l
                L                                                        Anticipated       number of attendees

38 Have you held this event in the                City   of New      Smyrna          Beach     previously          Yes          No



                                                                Locations
      If yes             s
                previous date                        vs


      Have you held this event in another                City            Yes L yes list location
                                                                             vo If

39    Will the     special    event   require the   use    of watercraft for          competition servicing              maintenance

      safety    or any       other reason           Yes    IGo
      NOTE         Temporary buoys         and markers may be                placed   with     approval                S
                                                                                                             from the U Coast

      Guard Also water           rescue and      lifesaving personnel             and     equipment          shall be   duty
                                                                                                                        on      and

      prepared       to act to protect competitors and spectators                     during     all   competition      and practice

3
10    Will the     special    event involve the     use   of aircraft                Yes         rvo


      NOTE All aircraft         flight operations     shall conform to FAA                regulations        and meet minimum         pilot

      qualifications      for the   given type   of operation intended Also all operators of any type of aircraft

      being    used shall      provide the city   with    a   certificate of insurance coverage Insurance
                                                                                                          coverage
      shall   provide liability     insurance
                                                 protection     for the       City   in the amount of not less than

      1 per person for bodily injury or death 2 per occurrence
        000
      000                                       000
                                              000                                                                       of death and

        0 per occurrence for property damage naming
      50000                                                                              the   City    of New
                                                                                                                Smyrna     Beach     as


     additionally      insured

3
11   Will the      special   event involve the use of         motorcycles                       1
                                                                                           Yes L o




                                                          Page   2 of 7

  Page 212 of 303
  Regular Meeting - November 13, 2012




 40 ENTERTAINMENT

 41    Will there be entertainment                   Yes           No      If yes a   complete     list of entertainers contracts



       lice
       nses
                  and schedules must be                  provided

             I YIOMQS       SOnGO                   Fr          4nC      u
                                                                         da

             r       P Yn S
                       C                      SA

 42 Will you be         using   a   sound     system      a
                                                          S
                                                          es              No

       NOTE The         s
                        City    Ordinances         regarding      noise must be complied with during the event                 or


       receive   City   Commission approval to generate excessive noise outside the accepted hours

43 Name of Contractor                        7                                        Type   of   System            fi
44 Sound Time             Start                    a
                                                   m
                                                   t
                                                   r                     End    9 3o     a
                                                                                         mm
45     Will there be carnival games and rides
                                    or                                    Yes   No        If yes    please   describe the   types   of

       games and rides
             or                          nJ


46 Name of Contractor

47 Proof of insurance is             required     for all carnival games and rides The               City   must be listed as

      additionally   insured        on   the insurance      policy
48 Insurance       Company               n                                      Policy   Number



50    SPECIAL EFFECTS

51 Will there be any        special          effects used          Yes No If yes             complete       below

52    Type   of effects             Fireworks            Laser   light   show         Special            hot
                                                                                                  effect balloons air devices


                   Signs special lighting                wind   operated    devices
                                                                                       including pennants       or   banners   or any

              devices intended to catch the
                                            eye of passers                      by        Other

53 Effect time Date                              Start             p
                                                                   m
                                                                   a             End                m
                                                                                                    p
                                                                                                    a
54 Location of       Special    Effects

55 Effects Producer         Company              Name

56 Address

57 Phone Number                                                          Fax Number

58 Proof of insurance is            required     for all special events

      Insurance   Company                                                   Policy    Number

      NOTE A     permit    from the New           Smyrna        Beach Fire Department will be required




                                                           Page    3 of 7

  Page 213 of 303
 Regular Meeting - November 13, 2012

60 PARADES

61    Will this be considered            a   parade          Yes    IJ
                                                                    No       If yes   complete    below

62     How many will          participate
63 Plan of route attached                        Yes         No

64 Parade Time Date                              Start              mm
                                                                    a p End                        mp
                                                                                                   am

65 Breakdown                 Date                Start              a
                                                                    m p End
                                                                      m                            mp
                                                                                                   am

66 Rain Date                 Date               Start               m p End
                                                                    a m                            a
                                                                                                   mp
                                                                                                    m

67    Will the     parade require        any road closures               Yes       No

      If yes     City    Commission approval will be required



70    PROPOSED RETAIL SALES

71    Will there be any retail sales                   Yes          o   If yes   complete    below

72 How many vendor locations do you                       hope     to accommodate

73    Type of vending including                number of     each 1         49    Vendors       150     50      Vendors        250

              Clothing                            Food       Beverage                                 Jewelry
              Other    describe




80 PROPOSED SPONSORS

81    Will there be any         sponsors          Yes         No If yes complete below

82 How many commercial sponsors with on visibility do you
                                     site                                                   anticipate including product

      sampling giveaways               exhibits and      advertising
                   s           Foods              C                Foo is              r    hA Lobs
                                                                                            b4

                              rss            n
                                             ss                                                                           e
90 ALCOHOLIC BEVERAGES LIQUOR LIABILITY

91    Will alcoholic      beverages       be   dispensed provided           or served


      es                No If yes complete below

92 Name of         organization        licensed to sell alcohol at the event                OnC        lorwo
                                                                                                       S                      Tom

93    Limit of liquor      liability   coverage if   required      will not be less than       50000
                                                                                                 0
94 The        organization hosting        the event is       or
                                                             Profit                Non 501C see below
                                                                                   ProfiU 3

95 A copy of the          liquor   license must be submitted five business               days prior   to the event

96    Beer Gardens An            applicant     who is   requesting      beer   gardens   for   an event must    provide   a   copy

     of   a
              liquor   license and special event alcohol license issued                by   the State of Florida The Police

     Department          will evaluate the     security   measures       to determine the amount of       police   officers that

     must be hired



                                                           Page    4 of 7
 Page 214 of 303
 Regular Meeting - November 13, 2012


0
10    PROMOTION

1
10    At what level will the event be          promoted ll
                                                        LOCaI                         egional        National           International

2
10    What    type    of   publicity   will be used    ewspaper tadio                               elevision      nternet
            Direct Mail          Billboard     Other
10
3     Telephone       number to be released for          public      information          3 f6
                                                                                          fn  2


11
0     SIGNS

11
1     Will you be       using signs     at your event LvJ Yes               No If yes       complete below
2
11    How many        signs    and what dimensions                 02             X      I c7   3 a ne r S
3
11    It is the   applicant responsibility
                  s                              to   request utility line      location from Sunshine State ONE CALL

      of Florida    4770
                    1  432
                    800 before digging
      NOTE        Signs    may be erected      no more   than 14        days prior     to the    special   event   on   private

      property     All   signs   shall be removed      no    later than the day after the event and must conform to

     the    requirements       in the   s
                                        City   Code of Ordinances



12
0    FACILITY REQUIREMENTS

1
12   Will you     use    temporary structures                res          No    If yes   complete     below


     tages Vents                       Scaffolding           Booths         Fences               Barricades          Cones
     Other
12
2    How many tents           exceeding    120 square feet or           greater         3
                 Tents     120 square feet or    greater      will   require   tent   permits
12
3    Tent locations and sizes must be included                 on    the site plan          e5


12
4             certified
     List the state electrical contractor that will                        accept responsibility for         the   quality   and

     code    compliance       of electrical work   performed         on   behalf of the applicant

             n     a

5
12   It is the   applicant responsibility
                 s                               to request     utility   line location from Sunshine State ONE CALL

     of Florida 1 a minimum of 48 hours in advance of any
                4770
                800432                                                                                special      event   activity   or



     setup



13
0    TRAFFIC AND PARKING

                                                                                         o
                                               alter
                                               dlby
                                               e
13
1    Will normal traffic      patterns    be                 the event          Yes

13
2    Will there be any road closures             Lv   res            No Road Name


     If a   road is   requested    to be closed       City   Commission        approval     is   required



                                                       Page    5 of 7

 Page 215 of 303
 Regular Meeting - November 13, 2012

3
13    Cones barricades and fencing                   are   to be    provided by      the   applicant   and can be rented from           a


      barricade     or    rental company


                                                                                                                      QYes
                                                     walks
                                                     side
4
13    Will   public parking       areas streets                          etc be restricted        or obstructed


5
13    Will the event have on
                          site                 parking             res      No

6
13    Will the event       require    off parking
                                      site                          Yes    fCo
7
13    Will a shuttle be used to           transport people                 site
                                                                    to the off parking area

8
13    Handicapped parking             must meet the         requirements                            5041
                                                                                 of Florida Statute 553

13
9     A detailed     parking plan        is   required   for all   parking   areas    indicating     how all   security     fire

      protection     and emergency vehicles can access a site




14
0     PORT
      LETS
      O

1
14   The applicant shall be required to provide                     adequate     facilities to    cover   the amount of

     participates
2
14   How many Port will be on
              O
              Lets         site                                    non

3
14                       O
                         Lets
     The location of the Port must be included                               on the site     plan
     RECOMMENDATION One toilet is recommended for every 300                                        people attending      an    event If

     public   toilets    are   not available at the event site             one   ADA accessible toilet is        required     for the

     first 300     people      and   a   minimum of 5of the restrooms must be ADA accessible                                If there is a

     beer alcohol         being   served at the event the recommended ratio for toilets per is 1
                                                                                               150 people


     Existing park        toilets count towards the toilet per              anticipated     attendee ratio



0
15   SANITATION

15
1    If   dumpster   service is needed it is          required      that refuse service be provided            through      the    s
                                                                                                                                   City
     Public Works         Department          The   dumpster service          fee schedule and information             pertaining     to

     recycling     can    be obtained         by contacting    the Public Works         Department            2212
                                                                                                           at 386424

15
2    Payment arrangements                should be made prior to the event                 though   the Public Works

     Department
15
3    Trash    receptacles       and   recycling     containers       are to be    provided by       the   applicant   and must be

     located not     only   on    event   grounds        but in    parking   areas as      well

15
4    Event    grounds      must be       completely      cleared of trash and all          receptacles     removed     by   the end of

     the event and is the sole            responsibility    of the       applicant



16
0    SECURITY EMERGENCY FIRE MEDICAL SERVICES

16
1    What    are   your   plans for providing security             at the event            nO




                                                           Page     6 of 7

 Page 216 of 303
Regular Meeting - November 13, 2012

      The New    Smyrna          Beach Police and Fire    Department          will evaluate the events security

      measures    to determine if the measures are sufficient to run a safe event The New                                  Smyrna
      Beach Police and Fire            Department   reserve    the   right   to   require   additional         security   measures


      There will be    a   minimum       requirement   of five   5    business days to evaluate the event

      requirements
      NOTE All events held            on   Public
                                           City property require               the   use    of   City   Police and Fire     personnel
      if additional   security     measures are     required


17
0    CONFIRMATION

     I understand that this is         an   application only   and does not obligate the                City   in any fashion to

     reserve   any    facility   or   approve any event




     Sig
     Printed Name          A                      mo S
                                                    h


     Date I O S         Titie of   Applicant       F
                                                  oc                              Affiliation




     Event Contact Information

     Please   provide the        name of the contact    person who will be available on at all times
                                                                                     site


     Depending    on    the   length    of the event this may        require      several   people       Please list the contact

     person for each       period     of time    Please Print
     Contact Name                                    site
                                             Contact on phone number                                           Time Period




     1
     Iw
     G1me                  mons
                           sl                              5
                                                     3FfG 0 3 f7                                               PI




                      Special      Events Committee          Meetings Every Tuesday                     at   OOpm
                                                                                                             1
     Location   Parks         Recreation        Department     1000 Live Oak Street New                  Smyrna      Beach

                All    Applicants        must attend    one    of these      meetings        to obtain         approval




     THE BANNER FORM AND FACILITY USAGE FORM ARE ATTACHED FOR YOUR CONVENIENCE

     IF YOU NEED TO UTILIZE A FACILITY OR REQUEST BANNER SPACE RESERVATION IT IS YOUR

     RESPONSIBILITY TO TURN THESE FORMS INTO THE PARKS 8 RECREATION DEPARTMENT

     SEPARATELY FROM THIS APPLICATION




                                                      Page   7 of 7
Page 217 of 303
                                          Saturday   Tent   Layout

                                                                                            Salads
                                                                               Seafood Cold Bar
              Regular Meeting - November 13, 2012
     Pasta
                                                                                                                  Dinning    area

                                                                                                                  chairs
                                                                                                                  Tables


Cent 2       4bx80                    Dist
                                      soutP                                                                       Rounds and
                                                                                                                  rectangles



a


M1
                                                                                                     Tent   1               Bar
                                                                                                                       Mahi Mahi Har

                                                      Paella
                                                      And Salads                                                               ahi Parm
                                                      Haw chick




                                                                               VS
                                                       V
                                                       Q
                                                       Z
                                                       cC
                                                                                    SB




                                                       U
                                                       Q                   Opici

                                                       cL


                                                                               Global
                                                       U
                                                       Q
                                                       z
                                                       a

                                                                          FWI




         I


                            Tent 40Xfi0
                                                                Po         apply                                                          Q



                                                                                                                               M
                                                       REGISTRATION
                                                       SMOKEHOUSE


                                                     10x10             10x10
                                                     tents             tents




                                                               Dessert StatlOn of Coquina
                                                                       Front                                    room   for



                                                               Setup   desserts     along   stone   wall




              Page 218 of 303
      Regular Meeting - November 13, 2012 ITEM SUMMARY
                              AGENDA


Department Making Request Special                    Event Committee



Meeting     Date       November       13    2012


Action Item Title          24th Annual      Light Up Flagler Avenue

Agenda Section                    Consent     X       Public   Heazing             Special   Items



Summary Explanation and Background

Event Date     Friday      December     7th   2012
           30
Event Time 5 pm                30
                               7 pm
Set   upBreakdown       5 pm
                        00           00
                                     8 pm
Estimated   participants   6001



Host Hospitality Group
Flagler

The merchants of       Flagler Hospitality Group     azerequesting approval to hold their annual holiday Light
Up Flagler   Avenue event The event will kick offthe        holiday season with the shops remaining open later
and the lighting     of Flagler Avenue and     performances by choral groups

The    Flagler Hospitality Group       is   requesting permission     to close   Flagler   Avenue from    Peninsula to
                  00      00
Buenos Aires from 5 pm to 8 pm


There will not be any outside beer      gazdens during      this event




            Motion
Recommended Action
            Staff Recommends         Approval


Funding Analysis               Budgeted                    If not   budgeted     recommended         funding   account
            No expense should be incurred            by City

Exhibits Attached          Application

Reviewed B                            Name                                 Si     ature

SE
Recreation Su              v          Elizabeth R Yance
Asst Cit      Mana      er            Khalid Resheidat                                                     o


Finance Director                      Thea Philord

Cit    Attorne                         Frank Gumme

Cit    Mana     er                    Pam Bran accio                                          G



Commission Action



      Page 219 of 303
                Regular Meeting - November 13, 2012
                                              C OF i
                                              TY   ENi Si19YRli BEACISI
                                                       I

                                             SPEC EVENT
                                                  CAT
                                                  Ol1
                                             AL IPPL
                                                             UP
                                                             FOLLOW


    Name of Event               G                    J       f1
                                                              CAS2         2        l     c
                                                                                          1C
   Event Da

   Contact

   Brief      Description   of Event



   Staff Reviewed

                                                    Dept             Phone              mail
                                                                                        E                  Date
     Name

                                       Recreation
                                       S        E 2175
                                                  386424
                                                       com
                                                       lyancey@citvofnsb

                                       Operations
                                       Maint                 2202
                                                             386  com
                                                                  hbeard@citvofnsb
                                                                424
                                                                                                           2
                                       Planning        Dev   386
                                                             2015
                                                                424
                                                                                  KSoI
                                                                                  tt
                                                                                  hpn d             Fire
                                       Department   386      2128
                                                             424
                                                             0
                                                                                               Zf              Police
                                    Department      y

                  Code
               Bldg
                                    Enforcement 386          424
                                                             bbobelak@citvofnsb
                                                             2131                 Q
                                                                                  com

                                    Department 386           mknotek
                                                             424
                                                             2139                 com
                                                                                  0
                                                                                  cityoFnsb
                                                                                  n
                                                                                               lyConditions


 ofApproval           City




Commission   Approval   Required es                          No




                Page 220 of 303
     Regular Meeting - November 13, 2012
      y
          S

W                 i                                                                                                                 OFFICE   USE ONLY
                                                                                                                              DATE RECENED

is                    J        N        Y       rN I EfN Ce
                                                 Ii      7
                                                         I
             e                                                                                                                RECENED BY


      A                        4L ENT C4
                               SPEC EB BPPL ON                                                                                REVIEW DATE




     SPECIAL EVENTS


     A Special Event is an event which                   by   itself   or in   conjunction     with other events        occurring during     the
     same    time     such    as   during   a   community      wide     event       is   likely to have   an   impact   on   the   community
     including but not limited to factors such as traffic noise or other aspects of public health safety and
     welfare Special Events must be approved in advance by the City Commission at which time staff will
     make their recommendation


     Application      for   Special   Events must be submitted at least                   thirty 30 days       in advance of the      requested
     event


     This   application       is not apermit to conduct           a    special event

     10 REQUIRED INFORMATION

     11          Name of Event

     1                   or
      2 Name of Producer and Promoter

     12       Type of Organization                 Profd
                                                   Non               For
                                                                     Profit                    Charitable          Government

     13

     14

              City           N5A                                            Zip Code S 9 loState

    15 Work Phone
                                   Q2lome                                  i
                                                                     Phone Hn Fax Number    yZ
                                                                                          7f o
              Email Address         shsite
                                    IJfp
                                    Q511bb
 20 BILLING INFORMATION

 21 Is the                party responsible      for   billing the     same    as   above           Yes           No

              If no       please provide    the proper information below

             Name                                                                Addl

             City                                                                           State                       Zip   Code

             Work Phone                                                          Fax Number



 30 EVENT INFORMATION

 31                        rot
                           n
                           i




 32 Locatio



                                                                       Page    1 of 7




     Page 221 of 303
Regular Meeting - November 13, 2012

                                                                                                                                    dVeSSLS
33     Description       of Event                                    ra           f D2 L
                                                                            U rCN J i JS
                                                                                  OlLSC
                         w




34     Site Plans       are   required     and must include

             Pedestrian Access               Parking     and Vehicular Access                    Location of Port if any
                                                                                                             o
                                                                                                             Lets


             Dumpsters        and    or   Trash Cans        Number                and Location of Vendor         Display Areas      Venue


       Stage if any              Tents        Barricades Cones

35 Insurance An insurance                   policy naming        the      City   of New    Smyrna      Beach    additionally    insured for

      a minimum             000 must be
                         of 1 000                        provided         no     later than five   days prior    to the scheduled

      event Proof of insurance is               required    for all events if         applicable
36 Will       an   admission fee be         charged     for the event                                 Yes        No

      Will    an   admission fee be charged prior to the event                                        Yes       No

      Will fees be collected on before
                             site                           during event                              Yes        No

37    Event time              Date              Start      X30            a
                                                                          m             End     1 JU         a
                                                                                                             m
      Set
      up                      Date   r n        Start
                                                           m
                                                        yL a                            End                  mp
                                                                                                             a
                                                                                                             lm

      Breakdown               Date   IQIr       Start                     mp End
                                                                          am
                                                                                                            a
                                                                                                            m
      Rain date               Date              Start                     a
                                                                          mp End
                                                                           m                                a
                                                                                                            mp
                                                                                                             m

      How will the       general public be          notified about acancellation postponement of the event

                                                                           Anticipated       number of attendees                  B

                                                                Be
                                                                alch
38 Have you held this event in the                  City   of New         Smyma                previously            Yes       No
                                                Y
      If yes    previous date
                         s                              s
                                                       iLocation                       rsC             Q
                                                                                                       11M1
      Have you held this event in another                  City            Yes      No       If yes list location

39 Will the        special    event   require   the   use   of watercraft ffor         competition servicing maintenance

      safety     or   any other reason                Yes
                                                            No
      NOTE         Temporary buoys          and markers may be               placed     with   approval from          S
                                                                                                                  the U Coast

      Guard Also water rescue and lifesaving                         personnel       and   equipment        shall be   duty
                                                                                                                       on       and

      prepared        to act to protect     competitors     and spectators             during   all   competition      and   practice
10
3     Will the special event involve the              use   of aircraft               Yes
                                                                                             No
      NOTE All aircraft         flight operations shall conform to FAA                      regulations     and meet minimum          pilot

      qualifications      for the given type of operation intended Also all operators of any type of aircraft

      being    used shall provide the city with             a   certificate of insurance coverage Insurance coverage

      shall   provide liability      insurance      protection       for the City in the amount of not less than

      000 per person for
      1 000                                 bodily injury       or         000 per occurrence of death and
                                                                     death 2 000

        000
      500 per occurrence for property damage naming the                                        City   of New   Smyma         Beach as


      additionally       insured

11
3     Will the     special    event involve the use of          motorcycles                  Yes lki NO




                                                            Page 2        of 7




Page 222 of 303
 Regular Meeting - November 13, 2012




 40 ENTERTAINMENT

41 Will there be entertainment                 f   Yes         No       If yes   a    complete     list of entertainers contracts

       licenses and schedules must be provided




42 Will you be          using   a   sound   system
                                            Yes                         No

       NOTE The         s
                        City Ordinances regarding             noise must be complied with                 during   the event      or


       receive   City   Commission          approval   to generate excessive noise outside the                 accepted      hours

43 Name of Contractor                                                                 Type   of   System
44 Sound Time              Start     5 3o       a
                                                J
                                                m                     End
                                                                              a
                                                                              m
45 Will there be carnival games and
                                or                      rides           Yes
                                                                               No        If yes please describe the types of

             or
       games and rides



46 Name of Contractor

47 Proof of insurance is             required   for all camival games and rides The                  City   must be listed     as



       additionally     insured on the insurance         policy
48 Insurance       Company                                                      Policy   Number




50 SPECIAL EFFECTS

51 Will there be any            special   effects used          Yes           No If yes      complete       below

52     Type   of effects            Fireworks         Laser   light   show            Special            hot
                                                                                                  effect balloons air devices

                    Signs special lighting            wind   operated        devices   including pennants          or   banners   or   any

               devices intended to catch the eye of passers                     by        Other

53 Effect time Date                           Start             a
                                                                m
                                                                p                End                m
                                                                                                    p
                                                                                                    a
54 Location of Special Effects

55 Effects Producer             Company Name
56 Address

57 Phone Number                                                       Fax Number

58 Proof of insurance is required for all              special    events

       Insurance   Company                                                   Policy   Number

       NOTE A     permit   from the New         Smyma Beach Fire Department                     will be   required




                                                         Page 3       of 7




 Page 223 of 303
Regular Meeting - November 13, 2012

60 PARADES

61 Will this be considered                a
                                              parade         Yes           o   If yes   complete       below

62 How many will              participate
63 Plan of route attached                         Yes        No

64 Parade Time                Date                Start             mp
                                                                    a m             End                 a
                                                                                                        mp
                                                                                                         m

65 Breakdown                  Date                Start              a
                                                                     m p End
                                                                       m                                mp
                                                                                                        am

66 Rain Date                  Date                Start              a
                                                                     m p End
                                                                       m                               mm
                                                                                                       ap

67 Will the           parade require      any road closures                Yes       No

       If yes     City    Commission approval will be required



70 PROPOSED RETAIL SALES

71 Will there be any retail sales                       Yes lNo If yes             complete    below

72 How many vendor locations do you                        hope   to accommodate

73    Type       of   vending including        number of each          1       49   Vendors        150      50      Vendors       250

               Clothing                             Food     Beverage                                     Jewelry
               Other    describe




60 PROPOSED SPONSORS
                                                             J
81 Will there be any sponsors                        Yes 11CI No If yes complete below

82    How many commercial sponsors with on visibility do you
                                        site                                                  anticipate including product

      sampling giveaways                exhibits and      advertising




90 ALCOHOLIC BEVERAGES LIQUOR LIABILITY

9t    Will                 beverages      be   dispensed provided                 served


               c
               alco
                                                                             or


               Yes        No If yes     complete    below

92 Name of            organization      licensed to sell alcohol at the event

93 Limit of liquor          liability                                                000
                                        coverage if required will not be less than 500

94 The         organization hosting        the event is      Profit
                                                             For                     Non501C see below
                                                                                     ProfiU 3

95 A copy of the           liquor   license must be submitted five business                 days prior    to the event

96 Beer Gardens An                applicant    who is     requesting   beer       gardens   for   an   event must   provide   a   copy

      of   a   liquor   license and     special   event alcohol license issued           by   the State of Florida The Police

      Department          will evaluate the       security   measures      to determine the amount of police officers that

      must be hired



                                                             Page   4 of 7




Page 224 of 303
Regular Meeting - November 13, 2012


10
0     PROMOTION

1
10    At what level will the event be          promoted                Local
                                                                       Regional                       National       International

10
2     What      type of publicity    will be used               Newspaper              Radio    Television               Internet

              Direct Mail         Billboard   Other
10
3     Telephone         number to be released for           public information


0
11   SIGNS

11
1

11
2
     Will you be using signs at your event

     How many           signs   and what dimensions
                                                                  Yes
                                                                           No        If yes    complete     below




11
3    It is the    applicant responsibility
                  s                                 to   request utility line location         from Sunshine State ONE CALL

     of Florida     1 before digging
                    4770
                    800432
     NOTE         Signs    may be erected no more than 14                  days prior    to the   special   event   on   private

     property       All   signs   shall be removed no later than the              day after the event        and must conform to

     the      requirements      in the   s
                                         City Code of Ordinances


0
12   FACILITY REQUIREMENTS

1
12   Will you      use    temporary structures                  Yes
                                                                       No         If yes   complete    below


     Stages             Tents        Scaffolding            Booths             Fences             Barricades         Cones
     Other
12
2    How many tents           exceeding     120 square feet           or   greater

                 Tents      120 square feet    or
                                                    greater will require        tent    permits
12
3    Tent locations and sizes must be included                    on   the site   plan


4
12   List the state electrical contractor that will accept
              certified                                                                 responsibility for    the quality and

     code      compliance       of electrical work   performed         on    behalf of the     applicant


12
5             s
     Itis the applicant responsibility to            request utility         line location from Sunshine State ONE CALL

     of Florida     1 a minimum of 48
                    4770
                    800432                                             hours in advance of any special event                activity   or


     setup



13
0    TRAFFIC AND PARKING

1
13   Will normal traffic        patterns   be altered     by the event
                                                                 Yes                           No

13
2    Will there be any road closures                     Yes          No Road Name                 iia
                                                                                                   C
                                                                                                   K
     If   a   road is   requested    to be closed        City   Commission approval is            required
          Tom N
              nsul
              Y                                                 fio Tie beech
                                                           Page   5 of 7



Page 225 of 303
Regular Meeting - November 13, 2012

3
13    Cones barricades and                 fencing   are to be       provided by      the applicant and can be rented from a

      barricade       or   rental company

4
13    Will   public parking        areas streets         sidewalks etc         be restricted     or    obstructed No
                                                                                                       Yes

13
5                         site Yes
      Will the event have on parking                                         No

6
13    WiII the event        require     site Yes
                                        off parking                            No

7
13    WiII   a   shuttle be used to transport            people             site
                                                                     to the off parking area                           J
8
13    Handicapped parking               must meet the        requirements                            5041
                                                                                  of Florida Statute 553

13
9    A detailed       parking plan       is   required    for all   parking   areas     indicating     how all   security    fire

      protection and emergency vehicles                    can access a        site



14
0     LETS
      PORT
      O

1
14   The     applicant      shall be    required    to   provide adequate facilities           to cover the amount of

     participates
14
2    How many Portwill be on
              O
              Lets        site
                                                                                                        6Gl uo 1
                                                                                                        ss
                                                                                                        s
                                                                                                        JAk                                    De   oe
3
14                       O
                         Lets
     The location of the Port must be included                                on    the site   plan
     RECOMMENDATION One toilet is recommended for every 300                                           people attending      an   event If

     public      toilets   are   not available at the event site            one   ADA accessible toilet is         required      for the

     first 300     people        and   a minimum         k
                                                     of 5of the restrooms must be ADA accessible                            If there is    a


     beer alcohol          being   served at the event the recommended ratio for toilets per is 1
                                                                                                150 people

     Existing park         toilets count towards the toilet per             anticipated    attendee ratio




15
0    SANITATION

15
1    If dumpster service is needed it is                 required    that refuse service be                                s
                                                                                                      provided through the City
     Public      Works Department             The   dumpster        service fee schedule and information               pertaining     to

     recycling      can    be obtained        by contacting     the Public Works         Department           2212
                                                                                                           at 386424

2
15   Payment        arrangements should be made prior to the event though the Public Works

     Department
3
15   Trash receptacles and              recycling    containers       are   to be   provided by the applicant        and must be

     located not      only   on    event   grounds       but in     parking   areas as    well

4
15   Event grounds must be              completely       cleared of trash and all         receptacles      removed     by   the end of

     the event and is the sole             responsibility     of the   applicant


16
0    SECURITY EMERGENCY FIRE MEDICAL SERVICES

1
16   What are your          plans for providing security            at the event




                                                             Page    6 of 7




Page 226 of 303
Regular Meeting - November 13, 2012

      The New    Smyma          Beach Police and Fire      Department        will evaluate the events           security
      measures to     determine if the         measures are     sufficient to     run a     safe event The New         Smyma
      Beach Police and Fire           Department    reserve     the   right to require       additional    security   measures


     There will be    a   minimum          requirement of five 5        business      days   to evaluate the event

     requirements
     NOTE All events held             on   CitylPublic property require         the   use   of   Cfty   Police and Fire   personnel
     if additional   security     measures are      required


17
0    CONFIRMATION

     i understand that this is an           application only   and does not           obligate the City     in any fashion to

     reserve any     facility   or   approve any event




     Signature
     Printed Name

     Date              Title of      Applicant                                                                                   let
                                                                                                                                 l


     Event Contact Information

     Please   provide     the   name                                                site
                                        of the contact person who will be available onat all times

     Depending   on    the   length     of the event this may         require   several      people      Please list the contact

     person for each      period of time Please Print
     Contact Name                                     siteshone number
                                              Contact on                                                    Time Period




                      Special Events Committee Meetings Every Tuesday at 1
                                                                         OOpm

     Location   Parks        Recreation        Department      1000 Live Oak Street New                  Smyma    Beach

                All   Applicants        must attend     one     ofthese     meetings         to obtain      approval



     THE BANNER FORM AND FACILITY USAGE FORM ARE ATTACHED FOR YOUR CONVENIENCE

     IF YOU NEED TO UTILIZE A FACILITY OR REQUEST BANNER SPACE RESERVATION IT IS YOUR

     RESPONSIBILITY TO TURN THESE FORMS INTO THE PARKS 8 RECREATION DEPARTMENT

     SEPARATELY FROM THIS APPLICATION




                                                      Page     7 of 7




Page 227 of 303
   Regular Meeting - November 13, 2012 ITEM SUMMARY
                          AGENDA




Department Making Request Parks                 Recreation


Meeting   Date       November     13   2012


       I
       tle
Actioa Item Outdoor Movie Seaside Station



Agenda Section              Consent    X        Public   Hearing            Special   Items



Summary Explanation and Background

Host New     Smyrna Beach Recreation             Special   Events   Department
Dates   Thursday December 20 2012
Event time    OOpm
              S             30pm
                            8

Anticipated   Attendance 500


Outdoor Movie       being   shown   on a   35 foot blow up    screen     in the Seaside Station   area




                                                                                              and also S
Requesting    to     Flagler Avenue between Buenos Aires and N Atlantic
                   close
                                               OOpm OOpm
Atlantic from Flagler Avenue to Jessamine from S 8



            Motion
Recommended Action

Special    Events Committee Recommends                    Approval

Funding Analysis           Yes   Budgeted        If not    budgeted recommended funding
      981 for movie and
      00
account      The                                  screen was        bud     ete    for in account
552276
00157201   14      0                                 a
                                                     Q
                                                     e
Exhibits Attached

Special    Events    Application

Reviewed B                        Name                              Si     store
Rec ecial Events 5u
S                            v    Elizabeth R Yance

Asst Cit     Mana    er           Khalid Reaheidat                                                a      Z

Finance Director                  Althea Philord

Cit   Attorne                     Frank Gumme
Cit   Mana    er                  Pam Bran accio


Commission Action




   Page 228 of 303
               Regular Meeting - November 13, 2012
                                   TY
                                   C OF NEW SMYRNA BEACH
                                             ON
                                             CAT
                                  SPEC EVENT 4PPL
                                  AL

                                                        FOLLOW
                                                        UP


Name of Event           Q                   m           i
                                                       lt         fc7           Y   ya
Event Date
                                             f




                                                  d0Z ZOI Z

Contact Information                ern    s
                                          I                        y
Brief Description of



Staff Reviewed

                                          Dept                  Phone               mail
                                                                                    E               Date
  Name

                                 E
                                 RecreationJS           386
                                                        2175 t
                                                             ncev@ciriofnsb
                                                             com
                                                           424
                                                                                                           Z

                                 Operations
                                 Maint                  386
                                                        2202 com
                                                             hbeard@citvofnsb
                                                           424

                                 Planning        Dev    2015
                                                        386424                                             2


                                 Fire   Department      2128
                                                        386424
                                                                                                    8      2

                                 Police Department
                                                         id Y         y                    jp
                                                                                           y    Code
                                                                                                Z
                                 Enforcement 386        424
                                                        2131
                                                        bbobelak@ciriofnsb   c
                                                                             com                y   BIdg

                                 386
                                 Department             mknotek
                                                        424
                                                        2139                 a
                                                                             cityofnsb
                                                                             com
                                                                             Ct                 S Conditions
                                                                                                2

ofApproval          s



                   S    CI                             1
                                                       SL
                                                       r

                         aic1                          s sow4 TLA            n 2c          L
                                                                                           r
                       SeSS                            cJ                City




Commission   Approval   Required s                     No

               Page 229 of 303
 Regular Meeting - November 13, 2012


                                                                                                                          OFFICE USE ONLY
                                                                                                                      DATE RECEIVED
                          C           1                OYEII         7
                                                                     I             0 EiI
                                                                                   i    7
                                                                                                                      RECEIVED BY

                         SEVEMT P9
                         4L L4
                             C
                         ECB 4P 0                                                                                     REVIEW DATE




 SPECIAL EVENTS


 A Spectal Event is an event which      by itself or in conjunction with other events occurring during the
 same time       such    as      community wide event is likely to have an impact on the community
                              during      a

 including but not limited to factors such as Vaffic noise or other aspects of public health safety and
 welfare Special Events must be approved in advance by the City Commission at which time staff will
 make their recommendation


 Application     for   Special                                     30
                                 Events must be submitted at least thirty                       days   in advance of the
                                                                                                                            requested
 event


 This   application     is not   a
                                     permit     to   conduct   a   special event

10 REQUIRED INFORMATION

11        Name of Event                       OV I                   Un I 3
                                                                     r  FY1 iC C
                                                                        5                 S
12        Name of Producer andlor Promoter                           1             C2       C

                                              Profit Profit
                                              Non For
          Type
                       Organizatioon
12                of                                                                      Charitable       Government

13 Contact             Person        2 anC2
                                       l
14       Address

         City     Pu          S
                              k
                              If
                              Yl                                                        State
                                                                                        ZipCode                             ZICo
15       Work Phone        U24 j l            5         Home Phone                                  Fax   Number 4
                                                                                                          d                   ZI
         Email Address
                               llsbWebsite CI
                               L
                               r
                               l   r
20       BILLING INFORMATION

21       Is the   party responsible           for    billing the   same as above                          No

         If no    please provide the           proper information below

         Name                                                               Addr

         City                                                                           State                  Zip   Code

         Work Phone                                                         Fax Number



30 EVENT INFORMATION
                                                                                                          w
31                 s
                   Date
                                              PI                                                                       20 zo         z
                   Requested                   AZ                                               e           Q


32 Location of Event                      SP451d2             Ca1
                                                              GC


                                                                   Page   1 of 7
 Page 230 of 303
Regular Meeting - November 13, 2012

 33    Description       of



34 Site Plans are             required     and must include

              Pedestrian Access              Parking       and Vehicular Access                    Location of Port if any
                                                                                                               o
                                                                                                               Lets

              Dumpsters       and    or   Trash Cans          Number                and Location of Vendor         Display     Areas Venue

       Stage if any               Tents       Barricades Cones

35 Insurance An insurance                   policy naming          the      City   of New   Smyrna      Beach    additionally     insured for

       a                000
                      000
           minimum of 1 must be                            provided         no     later than five   days prior   to the scheduled

       event Proof of insurance is              required      for all events if         applicable
36 Will       an   admission fee be         charged      for the event                                 Yes        No

       Will an admission fee be             charged prior          to the event                        Yes       No

       Will fees be collected                                               event
                                      o2 Zt                   during
                                                 before                                                Yes        No

37 Event time                 Date              Start
                                                C9          a
                                                            m                             End    c mm
                                                                                                 S a p
                                                                                                  k
       up
       Set                    Date IZ 2 t       Start      Jy            a
                                                                         m                End                 mm
                                                                                                              ap

       Breakdown              Date    12 2      Start      q             mm
                                                                         aEnd                                 mm
                                                                                                              ap

       Rain date              Date              Start                    mm
                                                                         a p End                              mm
                                                                                                              ap

      How will the      general public       be noted about acancellation                        postponement         of the event


                                                                             Anticipated     number of attendees

38    Have you held this event in the               City   of New        Smyrna        Beach
                                                                                                es
                                                                                                No
                                                                                                previously
      If yes             s
                previous date                                          s
                                                                       Location
      Have you held this event in another City                               Yes         No If yes list location

39 Will the        special    event   require   the     use   of w          rcraft for   competition servicing maintenance

      safety    or
                     any other reason               Yes                No

      NOTE       Temporary buoys           and markers
                                                       may be                  placed    with   approval               S
                                                                                                             from the U Coast

      Guard Also water            rescue     and   lifesaving personnel               and   equipment        shall be   duty
                                                                                                                        on and
      prepared       to act to   protect competitors          and       spectators during        all   competition      and   practice
3
10    WiII the     special    event involve the       use     of aircraft              Yes   o
      NOTE All aircraft          flight operations      shall conform to FAA                regulations      and meet minimum          pilot
      qualifications     for the   given type      of   operation        intended Also all operators of any                   type of aircraft

      being    used shall      provide    the city with       a   certificate of insurance coverage Insurance coverage

      shall   provide liability    insurance
                                                   protection          for the City in the amount of not less than


      1 per person for bodily injury
        000
      000                                                         or           000
                                                                             000
                                                                       death 2 per occurrence of death and

        000
      500 per occurrence for property damage naming                                       the City of New       Smyrna Beach         as


      additionally     insured

3
11   Will the    special     event involve the use of              motorcycles               Yes         No




                                                              Page      2 of 7

Page 231 of 303
Regular Meeting - November 13, 2012




 40     ENTERTAINMENT

 41 Will there be entertainment                      Yes                  If
                                                                  No           yes   a
                                                                                         complete   list of entertainers contracts

       licenses and schedules must be provided




 42 Will you be         using   a   sound   systems            Yes       No

       NOTE The         s
                        City    Ordinances       regarding       noise must be           complied   with   during   the event      or


       receive   City   Commission         approval      to   generate excessive          noise outside the      accepted     hours

43 Name of Contractor                                                                    Type of System
44 Sound Time              Start                a
                                                mp                      End               a
                                                                                          mp
                                                 m                                         m

45 Will there be carnival games and rides
                                or                                       Yes          No If yes     please     describe the types of

             or
       games and rides




46 Name of Contractor

47 Proof of insurance is             required for    all carnival games and rides The City must be listed                      as



       additionally   insured       on   the insurance policy

48 Insurance       Company                                                       Policy    Number




50    SPECIAL EFFECTS

51    Will there be any     special effects        used           Yes                If yes   complete      below

52    Type of effects               Fireworks        Laser      light   show          Special          hotair devices
                                                                                                effect balloons


                    Signs special lighting           wind
                                                               operated devices including pennants                  or   banners   or
                                                                                                                                        any

              devices intended to catch the eye of passers                       by         Other

53 Effect time Date                          Start                 m
                                                                   p
                                                                   a End                             a
                                                                                                     p
                                                                                                     m
54 Location of        Special   Effects

55 Effects Producer Company Name

56    Address

57    Phone Number                                                      Fax Number

58 Proof of insurance is            required for   all   special     events

      Insurance   Company                                                   Policy    Number

      NOTE A      permit   from the New         Smyma         Beach Fire       Department     will be      required




                                                          Page     3 of 7
Page 232 of 303
 Regular Meeting - November 13, 2012

 60 PARADES

 61    Will this be considered           a   parade        Yes toit yes complete below

 62    How many will           participate
 63 Plan of route attached                       Yes        No

 64    Parade Time Date                          Start             m
                                                                   a pm End                           mp
                                                                                                      am

 65 Breakdown                 Date               Start             a
                                                                   m p End
                                                                     m                                mp
                                                                                                      am

 66    Rain Date              Date               Start             m p End
                                                                   a m                                mp
                                                                                                      am

 67    Will the     parade require       any road closures              Yes        No

       If yes      City   Commission      approval     will be   required


70 PROPOSED RETAIL SALES

71     Will there be any retail sales                Yes           o   If yes   complete        below

72 How many vendor locations do you                      hope    to accommodate

73     Type    of   vending including        number of     each 1           49   Vendors         150      50      Vendors        250

             Clothing                             Food     Beverage                                     Jewelry
             Other    describe



80 PROPOSED SPONSORS

81 Will there be any            sponsors           Yes       IIVf yes          complete   below

82    How many commercial sponsors with on visibility do you
                                        site                                               anticipate including product
      sampling giveaways               exhibits and      advertising




90 ALCOHOLIC BEVERAGES LIQUOR LIABILITY

91 Will alcoholic              erages be      dispensed provided          or   served

             Yes          No If yes   complete    below

92    Name of       organization      licensed to sell alcohol at the event

93 Limit of        liquor liability   coverage if    required                             000
                                                                  will not be less than 500

94    The    organization hosting         the event is           For
                                                                 Profit        Profit 3
                                                                               Non 501C see below
95 A copy of the           liquor   license must be submitted five business              days prior     to the event

96    Beer Gardens An            applicant    who is   requesting      beer    gardens    for   an   event must   provide   a   copy

      of a   liquor   license and      special   event alcohol license issued        by    the State of Florida The Police


      Department          will evaluate the   security    measures to determine the amount of               police   officers that

      must be hired



                                                          Page 4   of 7
 Page 233 of 303
Regular Meeting - November 13, 2012



0
10     PROMOTION

10
1     At what level will the event be           Local
                                                promoted                            Regional           National        International

2
10    What type of        publicity   will be   ewspaper
                                                used                                   Radio   Television               ntemet

            Direct Mail         Billboard       Other
                                                                                               Z   y    Z   5
3
10    Telephone       number to be released far          public       information




11
0     SIGNS

1
11    Will you be       using signs    at your event            Yes           No If yes     complete below

2
11    How many signs and what dimensions                                   2
                                                                           OCt
                                                                           kScC4                 i11
3
11    It is the   s
                  applicant responsibility        to   request utility line location from Sunshine State ONE CALL
      of Florida      1 before digging
                      4770
                      800432
      NOTE        Signs   may be erected        no more than 14           days prior    to the   special    event on    private

      property All signs shall be removed              no    later than the      day    after the event and must conform to

     the    requirements     in the    s
                                       Ciry Code       of Ordinances



12
0    FACILITY REQUIREMENTS

12
1    Will you     use   temporary structures                 Yes           No    If yes   complete      below


     Stages           Tents           Scaffolding           Booths           Fences            Barricades             Cones
     Other              Oc            u
                                      P         ll
                                                nf SC
12
2    How many tents         exceeding      120 square feet           or
                                                                          greater
                 Tents    120 square feet or      greater     will   require    tent   permits
3
12   Tent locations and sizes must be included                 on     the site   plan            nG Q

4
12            certified
     List the state electrical contractor that will accept                             responsibility      for the   quality   and

     code    compliance      of electrical work      performed        on   behalf of the applicant



12
5    ft is the   applicant responsibility
                 s                               to request     utility    line location from Sunshine State ONE CALL

     of Florida 1 a minimum of 48 hours in advance of any
                800432
                4770                                                                                    special   event   activity or
     setup


13
0    TRAFFIC AND PARKING

1
13   Will normal traffic     patterns    be altere     by   the event        es                No

13
2    Will there be any road closures                   Yes           No Road Name


     If a   road is   requested   to be closed       City   Commission approval i                required
                                                                                       2Y                   b2
                                                                                                            P
                                                                                                            e

Page 234 of 303
                                                        Page   5 of 7
                                                                                        saw       C
                                                                                                  a
                                                                                               la  es5a
                                                                                                   n
                                                                                                   m
Regular Meeting - November 13, 2012

13
3         Cones barricades               and    fencing    are to be      provided by the applicant and           can be rented         from    a

          barricade       or   rental company

4
13        Will   public parking        areas streets           sidewalks etc be           restricted   or   obstructed    Yes No
5
13        Will the event have on parking
                              site                                Yes              No

6
13    Will the event             require off parking
                                         site                       Yes              No

7
13    Will       a   shuttle be used to transport              people     to the off parking area
                                                                                 site

13
8     Handicapped parking                    must meet the        requirements                             5041
                                                                                        of Florida Statute 553

13
9     A detailed          parking plan         is   required   for all   parking    areas   indicating      how all   security   fire

      protection           and emergency vehicles                can access a        site



0
14    O
      PORT
      LETS

1
14    The        applicant      shall be     required     to   provide adequate facilities to cover            the amount of


      participates
14
2              O
               Lets         site
      How many Port will be on

14
3                         O
                          Lets
      The location of the Port must be included                                    on the site   plan
      RECOMMENDATION One toilet is recommended for every 300                                            people attending     an     event If


      public         toilets   are not   available at the event site             one    ADA accessible toilet is       required    for the

     first 300         people     and    a   minimum of 5 of the restrooms must be ADA accessible                                If there is    a


     beer alcohol              being   served at the event the recommended ratio for toilets per is 1 people
                                                                                                    150

     Existing park toilets              count towards the toilet per              anticipated   attendee ratio




0
15   SANITATION

1
15   If   dumpster        service is needed it is           required      that refuse service be        provided through         the    City
                                                                                                                                        s
     Public Works              Department           The dumpster service fee schedule and information                      pertaining      to

     recycling         can     be obtained          by contacting   the Public Works           Department         2212
                                                                                                               at 386424

15
2    Payment arrangements should                         be made        prior   to the event   though   the Public Works

     Department
15
3    Trash        receptacles      and       recycling    containers       are   to be   provided by the applicant        and must be

     located not          only   on    event   grounds         but in    parking   areas as    well

15
4    Event       grounds        must be      completely        cleared of trash and all        receptacles     removed     by the end          of

     the event and is the sole                 responsibility     of the    applicant


16
0    SECURITY EMERGENCY FIRE MEDICAL SERVICES

16
1    What are your             plans   for   providing security          at the event




                                                                 Page     6 of 7
Page 235 of 303
Regular Meeting - November 13, 2012

      The New     Smyrna          Beach Police and Fire Department will evaluate the events                      security
      measures to       determine if the       measures are     sufficient to     run a   safe event The New            Smyrna
      Beach Police and Fire           Department    reserve   the   right   to   require additional security         measures


      There will be     a   minimum     requirement   of five   5    business       days   to evaluate the event


      requirements
      NOTE All events held on            Public
                                         City property require               the    use   of   City   Police and Fire     personnel
      if additional    security     measures are   required


17
0     CONFIRMATION

      I understand that this is an        application only    and does not         obligate    the    City   in any fashion to

      reserve   any    facility   or approve   any event



      Signature
      Printed Name

      Date              Title of Applicant                                       Affiliation




      Event Contact Information

     Please   provide the         name of the contact person who will be available                site
                                                                                                  on at all times

     Depending    on     the   length   of the event this may     require    several      people       Please list the contact

     person for each        period   of time    Please Print
     Contact Name                           Contact on phone number
                                                    site                                                     Time Period




                                    Events Committee
                       Special                             Meetings Every Tuesday                     at   OOpm
                                                                                                           1
     Location Parks            Recreation   Department      1000 Live Oak Street New                   Smyrna     Beach

                 All   Applicants       must attend   one    of these       meetings       to obtain         approval
                            tt




     THE BANNER FORM AND FACILITY USAGE FORM ARE ATTACHED FOR YOUR CONVENIENCE

     IF YOU NEED TO UTILIZE A FACILITY OR REQUEST BANNER SPACE RESERVATION IT IS YOUR

     RESPONSIBILITY TO TURN THESE FORMS INTO THE PARKS 8 RECREATION DEPARTMENT

     SEPARATELY FROM THIS APPLICATION




                                                    Page   7 of 7
Page 236 of 303
      Regular Meeting - November 13, 2012 ITEM SUMMARY
                             AGENDA


De    artment Makin           Re uest Finance

Meeting Date            19t   Reading                  2 Reading
                                                        d
                      October 30th      2012           November      13th   2012

                           2013Bud et
Action Item Title To amend FY2012

Agenda Section                  Consent            Public Hearin        x          S ecial Items

Summary Explanation       and   Background

An Ordinance amending Ordinance No 79 current expenses and capital outlay required by the City
                                        12
of New Smyrna Beach Florida during and for the Fiscal Year beginning October I 2012 and ending

September 30 2013

The Ordinance is      amending   the General   Fund    Stormwater    Utility Fund Airport Fund Transportation
Impact   Fee   Fund   CRA Fund and Sanitation Fund        Budgets



            Motion
Recommended Action A                           royal

Funding Analysis              Budgeted             No                If not   budgeted   recommended   funding
account Ordinance and         Budget   Amendment       Spreadsheet
Exhibits Attached         Ordinance and Bud et Amendment S readsheet



Reviewed B                             Name                                 Si     u

De    artment Director                 Althea Philord                              m                iG
Cit    Attorne                         Frank Gumme

Cit    Mana     er                     Pam Bran accio

Commission Action




      Page 237 of 303
Regular Meeting - November 13, 2012




 1                                                      98
                                              ORDINANCE N012


 2                      AN   ORDINANCE            AMENDING        ORDINANCE          79
                                                                                      NO12
 3                      CURRENT EXPENSES AND CAPITAL OUTLAY                      REQUIRED
 4                      BY THE       CITY     OF NEW          SMYRNA        BEACH FLORIDA
 5                      DURING       AND     FOR THE           FISCAL       YEAR BEGINNING
 6                      OCTOBER        1 2012       AND ENDING SEPTEMBER                   30 2013
 7                      PROVIDING           FOR     REVERSION          OF   UNENCUMBERED
 8                      FUNDS PROVIDING FOR PUBLIC HEARING PROVIDING
 9                      FOR SEVERABILITY PROVIDING FOR CONFLICTING
l0                      ORDINANCES AND PROVIDING AN EFFECTIVE DATE

11           WHEREAS            Althea       Philord       Finance       Director          has    requested an
12    amendment         to   Ordinance         No          12
                                                         79 Current              Expenses          and Capital
13    Outlay      for    the    Fiscal       Year    beginning         October       1     2012       and   ending
19    September         30     2013     to    set    forth      anticipated          sources       of   revenues


15    and    estimated         appropriations             and



16           WHEREAS            the   City    Commission         of the       City   of New       Smyrna Beach
17    Florida       deems       that    it    is    in   the   best     interest       of the      citizens        of

18    the    City of      New    Smyrna       Beach      to    amend    the    City
                                                                               s              2 Fiscal
                                                                                           2012 013

              Budget                                                            hereinafter
19    Year                as    more
                                        particularly            set    forth



20                                                 SSIONOF THE
           NOW THEREFORE BE IT ENACTED BY THE CITY COMM                                                        CITY
21                        DA
      OF NEW SMYRNA BEACH FLOR AS FOLLOWS


22    SECTION 1 Amendment                    That    Ordinance        No     79 be and the
                                                                               12                           same   is

                                                                        below        for    the    fiscal
23    hereby amended only for the                        accounts                                              year
                                                                                                        2013
24    beginning October 1 2012                           and    ending        September          30                as


25    follows


26    A      For   the GENERAL FUND requirements the following sums of money
27           are   hereby appropriated from the following anticipated sources
28           of    revenue        to
                                  wit


29    REVENUES
30    TAXES
31           General         Property        Taxes                                    525
                                                                                      7 531
32           Local
             Option                   Gas    Tax                                             813
                                                                                           711
33           Utility         Taxes                                                    809
                                                                                      2 098
39           Franchise          Taxes                                                        325
                                                                                           596



35                      TOTAL    TAXES                                               11717
                                                                                     692




Page 238 of 303
Regular Meeting - November 13, 2012



36   LICENSES     AND    PERMITS
37           Business     Tax                                                      591
                                                                                 178
38           Permits                                                              910



39                   TOTAL     LICENSES     AND    PERMITS                         951
                                                                                 179


40    INTERGOVERNMENTAL          REVENUES

41   STATE    AND FEDERAL        GRANTS

92           Federal
             State Grants                                                          202
                                                                                 199


93   SHARED
     STATE REVENUES

99           State
             County
             Local                                                          633
                                                                            1 056


45   OTHER    SHARED     REVENUES
96           Utilities Commission            60                             668
                                                                            3 566


97                   TOTAL     INTERGOVERNMENTAL                            495
                                                                            5 829


48   CHARGES      FOR   SERVICES

99           Charges     for     Services                                          771
                                                                                 527



50                   TOTAL     CHARGES    FOR     SERVICES                         771
                                                                                 527


51   FINE5    AND FORFEITURES
52           Court    Local
                      Cases Ordinances                                           76
                                                                                 238


53                   TOTAL     FINES AND     FORFEITURES                         238
                                                                                 76


54   MISCELLANEOUS        REVENUES

55           Other      Income                                                     784
                                                                                 226


56                   TOTAL     MISCELLANEOUS        REVENUES                       784
                                                                                 226


57   OTHER    FINANCING        SOURCES

58           Transfer     From    Other     Funds                                  978
                                                                                 331
59           Appropriated        Reserves                                          702
                                                                                 759


60                   TOTAL     OTHER   FINANCING       SOURCES              086
                                                                            1 180




                                                Paqe   2   of 7


                                                           Amending Ord 79 Budget 2012
                                                                             12             2013

                                                           First Aeading October 30  2012
                                                           Public Nearing November 13  2012

                                                           October        2012
                                                                     23
                                                             54
                                                           12 PM




Page 239 of 303
Regular Meeting - November 13, 2012



61    TOTAL    REVENUES      AND    OTHER    FINANCING      SOURCES           184
                                                                              19965


62   B        That    from       said   GENERAL    FUND   and    for    the    current      expenses    or

63            use    of   the     several    departments        or   accounts       names    below     the

64            sums    set    opposite       said   departments         are    hereby   appropriated
65            to
              wit



66   EXPENDITURES

67   CITY     COMMISSION                                                              161
                                                                                    181
68    CITY    MANAGER                                                                 426
                                                                                    399
69   CITY     CLERK                                                                   858
                                                                                    221
70   CITY     ATTORNEY                                                                833
                                                                                    925
71   FINANCE                                                                          807
                                                                                    951
72    INFORMATION         TECHNOLOGY                                                  2
                                                                                    961 68
73    HUMAN    PERSONNEL
               RESOURCES                                                              470
                                                                                    185
74    GENERAL       GOVERNMENT                                                        8
                                                                                    851 12
75    INDIRECT       COST    ALLOCATION                                               562
                                                                                    932
76    DEBT    SERVICE                                                                 242
                                                                                    910
77    TRANSFERS                                                                       7
                                                                                    608 91
78    GRANTS    IN    AID                                                            500
                                                                                     6
79    LAW    ENFORCEMENT                                                       311
                                                                               5 356
80    FIRE                                                                     914
                                                                               9 997
81    EMERGENCY       MANAGEMENT                                                    772
                                                                                    18
82    PLANNING         ENGINEERING                                                    768
                                                                                    528
83    PUBLIC    WORKS

89            ADMINISTRATION                                                          416
                                                                                    119
85            BUILDING       MAINTENANCE                                              765
                                                                                    431
86            STREETS                                                          669
                                                                               1 729
87    RECREATION                                                                      676
                                                                                    870
88    PARKS                                                                           621
                                                                                    825
89    SPORTS    COMPLEX                                                        227
                                                                               1 259
90            TOTAL    APPROPRIATIONS                                         184
                                                                              19 965



91    K       That    for   TRANSPORTATION         IMPACT   FEE      FUND     the following sums of
92            money    are    hereby appropriated           from     the     following anticipated
93            sources       of   revenue     to
                                             wit



94    REVENUES
95            Impact      Fees                                                      61
                                                                                    380



                                               Page   3   of 7


                                                            Amending Ord 79 Budget 2012
                                                                              12             2013

                                                            First Reading October 30  2012

                                                            Public Hearing November 13  2012
                                                            October 23       2012
                                                              54
                                                            12 PM




Page 240 of 303
 Regular Meeting - November 13, 2012



 96          Appropriated         Reserves                                    100
                                                                              1 000


 97                 TOTAL       REVENUES                                      1 380
                                                                              161


 98    L     That     from       TRANSPORTATION          IMPACT      FEE     FUND    set        forth    in
 99          Paragraph K above              the    following       sums     of    money    are     hereby
100          appropriated to
                          wit


101    EXPENDITURES
102          Impact    Fees                                                   161
                                                                              1 380


103                 TOTAL       APPROPRIATIONS                                161
                                                                              1 380


104   M      That   for   MUNICIPAL AIRPORT PARK FUND
                                    INDUSTRIAL                                           the    following
105          sums   of     money    are
                                            hereby    appropriated            from   the        following
106          anticipated         sources    of revenue         wit
                                                               to


107    REVENUES
108          Charges      for    Services                                     650
                                                                              1 000
109          Intergovernmental Revenues                                       164
                                                                              1 981
110          Rents  and Royalties                                                   316
                                                                                  681
111          Miscellaneous                                                           5
                                                                                     000
112          Appropriated         Reserves                                                 0


113                 TOTAL       REVENUES                                      501
                                                                              3 297



114   N      That   from     MUNICIPAL AIRPORT PARK
                                       INDUSTRIAL                                 FUND    set    forth   in
115          Paragraph       M   above      the    following       sums     of    money    are     hereby
116          appropriated          wit
                                   to



117   EXPENDITURES

118          Industrial
             Airport                       Park                               501
                                                                              3 297


119                 TOTAL       PPPROPRIATIONS                                501
                                                                              3 297


120   0      That   for    COMMUNITY       REDEVELOPMENT           TRUST     FUND    the        following
121          sums   of     money    are    hereby     appropriated            from   the        following
122          anticipated         sources   of     revenue      wit
                                                               to



123   REVENUES




                                              Page   4    of   7


                                                           Amending Ord 79 Budget 2012
                                                                             12            2013

                                                           Firat Reading October 30 2012
                                                           Public Hearing November 13 2012
                                                           October   23    2012

                                                             54
                                                           12 PM


 Page 241 of 303
 Regular Meeting - November 13, 2012



124          Tax    Increment         Revenues                                           2
                                                                                       539 76
125          Intergovernmental             Revenues                                 125
                                                                                    1 959
126          Transfers          In                                                       448
                                                                                       190
127          Appropriated            Reserves                                       149
                                                                                    3 643


128                  TOTAL       REVENUES                                           000
                                                                                    5 326


129    P     That    from        COMMUNITY       REDEVELOPMENT          TRUST       FUND     set    forth      in

130          Paragraph          O    above      the   following         sums      of    money    are      hereby
131          appropriated             wit
                                      to



132    EXPENDITURES

133          Economic       Development                                             000
                                                                                    5 326


134                  TOTAL       APPROPRIATIONS                                     000
                                                                                    5 326


135    W     That    for    MUNICIPAL           SANITATION          FUND      the      following        sums   of

136          money    are       hereby    appropriated          from    the      following       sources       of

137          revenue        wit
                            to


138    REVENUES

139          Charges       for       Services                                       950
                                                                                    4 576
140          Appropriated            Reserves                                            678
                                                                                       264


191                  TOTAL       REVENUES                                           215
                                                                                    5 254


142    X     That    from    MUNICIPAL          SANITATION      FUND       set    forth     in   Paragraph      W

143          above     the          following    sums    of    money    are      hereby appropriated
144          wit
             to



145   EXPENDITURES

146          Physical       Environment                                             919
                                                                                    4 476
147          Transfers       Out                                                         778
                                                                                       300



148                  TOTAL       APPROPRIATIONS                                     215
                                                                                    5 254


149    AA    That    for    STORMWATER          UTILITY       FEE   FUND      the     following sums of
150          money    are    hereby       appropriated         from     the      following anticipated
151          sources       of    revenue        wit
                                                to




                                                  Page    5   of 7


                                                                                                      2013
                                                                                                   2012
                                                               Amending Ord       79 Budget
                                                                                    12

                                                               First Reading         30
                                                                                  October        2012

                                                               Public Hearing November 13          2012
                                                               October 23 2012
                                                                 54
                                                               12 PM


 Page 242 of 303
 Regular Meeting - November 13, 2012



152   REVENUES
153          Charges for          Services                                                  314
                                                                                            1 657
154          Appropriated             Reserves                                              1 632
                                                                                            298


155                  TOTAL       REVENUES                                                   2 289
                                                                                            613


156    BB    That    from    STORMWATER            UTILITY         FEE     FUND       set    forth   Paragraph
                                                                                                         in

157          AA    above    the       following         sums       of money       are       hereby appropriated
158          to    the    expense       of    principal            and    interest          on     the    City
                                                                                                          s            fund

159           indebtedness             wit
                                       to



160    EXPENDITURES
161           Stormwater         Improvements                                               428
                                                                                            2 289
162          Transfers       Out                                                                000
                                                                                              185


163                  TOTAL       APPROPRIATIONS                                             613
                                                                                            2 289


164    SECTION 2             Budget         Amendments            and    Adjustments               That       changes    in

165    the   adopted      annual       budget       shall      be       made   in     accordance           with       state

166    law   City    Charter          and    as   follows



167          a       Increasing             total        appropriations                within         a       fund     from

168                  reserves         or    based      upon    an    estimated          increase           in   revenues

169                  shall       be   by     ordinance


                                                                                                                       fund
170          b       Appropriations               for    specific   expenditures                     within       a


171                  may     be         increased           without   increasing                          total        fund

172                  expenditures by              resolution             identifying          the     increases         and

173                  offsetting             decreases



174           c      The   City Manager            may    adjust         line item          expenditures within
175                  a    department          which       do       not    increase           total       departmental
176                  expenditures            or   cause       a    change      in     functions           programs       or


177                  capital projects


178    SECTION 3             Reversion            of    Unencumbered              Funds             That      any     funds

                                                                                                     contracted         for
17
9      appropriated by           this       ordinance             not    encumbered           or

                                                                                                     the      fund     from
180    during the period              herein      set    forth           shall    revert         o

181   which   said       funds    were       to   have    been      paid




                                                    Page       6   of 7


                                                                    Amending Ord 79 Budget 2012
                                                                                      12             2013

                                                                    First Reading October 30  2012
                                                                    Public Heazing November 13  2012

                                                                    October      23   2012
                                                                       54
                                                                     12 PN


 Page 243 of 303
 Regular Meeting - November 13, 2012



182   SECTION 4                 Public         Hearing           That      a
                                                                               public hearing considering
183   the    adoption       of    this        ordinance         was   held      November       13    2012    in    the
                                                                                  210                        south
184   City    Commission          Chambers            at    City       Hall              Sams       Avenue

185   entrance      on   Julia         Street         New    Smyrna Beach             Florida        after   notice

186   is    found   to     comply           with   166 a
                                                   3F 041
                                                       S



187   SECTIONS                  Severability                That      if any     section       sentence      clause

188   or     phrase        of     this             ordinance          is       held     to     be     invalid       or

                                                                                                                  said
189   unconstitutional by                   any    court    of   competent jurisdiction                 then

190   holding       shall        in     no     way    affect       the validity o the                   remaining
191   portion       of   this     ordinance



192   SECTION 6                 Conflicting              Ordinances               That       all    ordinances      or


193   parts thereof that                are    in    conflict with             this ordinance        shall   be    and

194   the    same    are    hereby          rescinded       and       repealed


195   SECTION 7                 Effective            Date          That        this   ordinance        shall      take

196   effect    immediately                 upon   its    final       adoption



197   APPROVED AS TO FORM AND CORRECTNESS




198

199   FRANK B    GUMMEY               IIi
200   City Attorney

201   DATE




                                                         Page    7 of      7


                                                                      Amending Ord 79 Budget 2012
                                                                                        12             2013

                                                                      First Reading October 30  2012
                                                                      Public Hearing November 13  2012
                                                                      October    23   2012
                                                                         54
                                                                       12 PM


 Page 244 of 303
                             Regular Meeting - November 13, 2012




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