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04-19-1999 o o Votina Order Councilman Hammond Councilman Roberts Councilwoman Lichter Mayor Allman Councilman Gornto AGENDA CITY COUNCIL OF EDGEWATER REGULAR MEETING April 19, 1999 7:00 p.m. COMMUNITY CENTER 1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE 2. APPROVAL OF MINUTES A. Regular meeting of April 5, 1999 3. PRESENT A TIONS/PROCLAMA TIONS None at this time. 4. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (This is the time for the public to come forward with any comments they may have on any agenda items other than public hearings. Please state your name and address, and please limit your comments to five minutes or less.) 5. CITY COUNCIL REPORTS 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public Hearing, Ord. No. 99-0-06, amending Chapter 4 (Alcoholic Beverages) by amending Section 4-5(a) (Hours of Sale), adding Sections 4-7 (Definitions), 4-8 (Closing Restriction), 4-9 (Set-ups), 4- 10 (Consumption of Alcohol on the Premises of Unlicensed Commercial Establishments), 4-11 (Consumption in Public Places/Signage Required), 4-12 (Possession of Open Containers), and 4-13 (Penalties). B. Public Hearing - Ord. No. 99-0-07, amending Chapter 17 (Traffic) by adding Article IV (Towing or Impounding of Vehicles). C. Res. No. 99-R-04, establishing Fees/Charges for Towing, Impounding, Storage of Vehicles pursuant to Ord. No. 99-0-07. D. Res. No. 99-R-03, authorizing the Mayor to execute the Florida Department of Transportation Utility Agreement for SR #442. 7. CONSENT AGENDA Items on the consent agenda are defined as routine in nature that do not warrant detailed discussion or individual action by the Council; therefore, all items remaining on the consent agenda shall be approved and adopted by a single motion, second and vote by the City Council. Items on the consent agenda are not subject to discussion. One of the most basic rules of a consent agenda is that any member of the City Council may remove any item from the consent agenda simply by verbal request at the City Council meeting. Removing an item from the consent agenda does not require a motion, second or a vote; it would simply be a unilateral request of an individual Council member. A. Board Appointments - Councilman Gornto's reappointment of Sid Corhern and Councilman Hammond's reappointment of Robert Howard to the Construction Regulation Board due to expiration of their terms. Continued on page 2 o o City Council of Edgewater April 19, 1999 Page -2- 8. OTHER BUSINESS A. Pelican Place Paving Request - staff requesting approval to proceed with the design and implementation of a Road Improvement District. 9. OFFICER REPORTS A. City Clerk B. City Attorney C. City Manager 10. GENERAL CITIZEN COMMENTS/CORRESPONDENCE 11. ADJOURN. Note: All items for inclusion on the May 3, 1999, agenda must be received by the City Manager's office no later than 4:30 p.m. Monday, April 26, 1999. Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to insure that a verbatim record of the proceedings is made. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact City Clerk Susan Wadsworth, 904-424-2407, prior to the meeting. :ejm c:\agenda\041999.reg ORDINANCE NO. 99-0-09 AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF EDGEWATER, FLORIDA, DECLARING A CITYWIDE BAN ON OPEN AIR BURNING AND THE USE OF FIREWORKS BY THE PUBLIC DURING THE 1999 FOREST AND BRUSH FIRE EMERGENCY; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND CODIFICATION. WHEREAS, the Governor of the State of Florida issued Executive Order Number 99 -88 on April 12, 1999, declaring a State of Emergency exists throughout the State of Florida due to the extended drought and the resulting potential for wildfires; and WHEREAS, the Governor's order recognizes the extreme potential for more fires that threaten life and property; and WHEREAS, counties across the State have experienced loss and damages to real and personal property; and WHEREAS, the National Weather Service predicts that extremely dry weather conditions have created a high fire danger and the weather forecasts show a continuing high burn potential; and WHEREAS, Edgewater Fire/Rescue advises that the risk of further forest and brush fires is high given weather conditions; and WHEREAS, Edgewater Fire/Rescue recommends that City Council urge all members of the public not to do any open burning, including bonfires, and trash burning, or to ignite any fireworks, including legal sparklers, due to high risk conditions, during this emergency; and WHEREAS, Edgewater Fire/Rescue recommends that the only firework exception should be the July 4, 1999, firework display which is specifically approved by local fire authority having Stru rough passages are deleted. Underlined passages are added. 98 -0 -09 1 jurisdiction; and WHEREAS, Edgewater Fire/Rescue recommends that City Council urge all members of the public to make the effort to reduce any hazards on their property that may contribute to the spread of brush fires; and WHEREAS, eliminating open burning and not igniting fireworks during this period will lessen the risk of forest and brush fires, and thereby further reduce the risk of harm to human life and property. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Edgewater, Florida as follows: PART A. That the City Council of the City of Edgewater hereby declares that so long as the Governor's State of Emergency and this Ordinance remain in effect: 1. The general public is directed not to do any open burning, including any bonfires, trash burning and any other similar open incineration;; 2. The general public is directed not to ignite fireworks of any kind, including sparklers; 3. Only firework displays specifically approved by the local fire authority having jurisdiction are excepted from this proclamation; 4. Edgewater Fire/Rescue and other public safety personnel are directed to publicize the dangers and risks associated with open burning and igniting fireworks and directing citizens not to do any open burning or to ignite even legal fireworks; 5. The Edgewater Police Department and other law enforcement officials, agents of the State Fire Marshall, the Florida Division of Forestry, are empowered to specifically Struck through passages are deleted. Underlined passages are added. 98 -0 -09 2 enforce the laws governing open fires and the use of fireworks, including sparklers during this period of declared emergency. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. CODIFICATION. Provisions of this emergency ordinance shall not be codified in the Code of Ordinances of the City of Edgewater, Florida, but shall be recorded in the Official Records of the City Clerk of Edgewater. PART E. EFFECTIVE DATE This Ordinance shall become effective immediately upon adoption by a two thirds (2 /3rds) vote of the entire City Council and shall remain in effect until the Governor's forest and brush fire State of Emergency is terminated by the Governor's Office and upon concurrence and recommendation of Edgewater Fire/Rescue Department, or for a period not to exceed one (1) year.. Struck thrangh passages are deleted. Underlined passages are added. 98 -0 -09 3 PART F. ADOPTION After Motion by and Second by , the vote on first reading reading of this emergency ordinance held on April 19, 1999, was as follows: Mayor Randy G. Allman XXX Councilman Jim Gornto XXX Councilman Myron F. Hammond XXX Councilman Gary W. Roberts XXX Councilwoman Judy Lichter XXX PASSED AND DULY ADOPTED this 19th day of April, 1999. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Susan J. Wadsworth Randy G. Allman City Clerk Mayor APPROVED FOR FORM AND CORRECTNESS: Nikki Clayton City Attorney Struek-throttgh passages are deleted. Underlined passages are added. 98 -0 -09 4 ,A• AGENDA REQUEST C.A. NO.: 99 -039 Nor Date: April 12, 1999 PUBLIC HEARING 04/19/99 RESOLUTION ORDINANCE OTHER CONSENT BUSINESS CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: Public Hearing - Ordinance No. 99 -0 -06 - Amending Chapter 4 (Alcoholic Beverages) by amending Section 4 -5(a) (Hours of Sale), adding Sections 4 -7 (Definitions), 4 -8 (Closing Restriction), 4 -9 (Set -ups), 4 -10 (Consumption of Alcohol on the Premises of Unlicensed Commercial Establishments), 4 -11 (Consumption in Public Places /Signage Required), 4 -12 (Possession of Open Containers), and 4 -13 (Penalties) **my BACKGROUND: In an effort to preserve and protect the safety of our residents, Staff recommended modifications to Chapter 4 (Alcoholic Beverages). On April 5, 1999, Council approved Ordinance No. 99 -0 -06 at first reading. On Friday, April 9, 1999, Notice of the scheduled Public Hearing was advertised in the Observer. BUDGETARY IMPACT: None RECOMMENDATION /CONCLUSION: Staff recommends that Council consider approving Ordinance No. 99 -0 -06 during the Public Hearing on April 19, 1999. FUNDS AVAILABLE: (ACCOUNT NUMBER) \.r (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. • low Respectfully submitted, Concurrence: Lawrence F. Schumaker Kenneth R. Hooper / Chief of Police City Manager Cf.A ikki Clayton City Attorney rmw loasy ORDINANCE NO. 99-0-06 AN ORDINANCE OF THE CITY COUNCIL OF EDGEWATER, FLORIDA; TO AMEND CHAPTER 4 `,,,, (ALCOHOLIC BEVERAGES) BY AMENDING SECTION 4- 5(a) (HOURS OF SALE), DELETING SECTION 4 -6 (PERMITTING CONSUMPTION AFTER 2:00 A.M.), AND ADDING SECTIONS 4 -7 (DEFINITIONS), 4 -8 (CLOSING RESTRICTIONS), 4 -9 (SET -UPS), 4 -10 (CONSUMPTION OF ALCOHOL ON THE PREMISES OF UNLICENSED COMMERCIAL ESTABLISHMENTS), 4 -11 (CONSUMPTION IN PUBLIC PLACES /SIGNAGE REQUIRED), 4 -12 (POSSESSION OF OPEN CONTAINERS) AND 4 -13 (PENALTIES) OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. The consumption of alcoholic beverages while driving or riding in or on a motor vehicle poses a grave and imminent hazard to the health, safety and welfare of the residents of the city. 2. In an effort to preserve the safety of our residents, it would be in the best interests of the citizens of Edgewater to enact this ordinance. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. AMEND CHAPTER 4 (ALCOHOLIC BEVERAGES) BY AMENDING SECTION 4 -5(a) (HOURS OF SALE) OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA. Section 4 -5(a) is amended as follows: Streelt-threttig41 passages are deleted. Underlined passages are added. 99 -0 -06 1 Sec. 4 -5. Hours of Sale. (a) It shall be unlawful for any person in the city to sell. barter. or exchange for value low alcoholic beverages between the hours of 2:00 a.m. and 7:00 a.m. each day. Nortintexieatifig - : - : • - : - - - :.- : • - : • - . • - Alcoholic beverages may be sold in any establishment in the city holding a license under the State Beverage Department of Florida and the city on weekdays, (other than Sunday) between the hours of 7:00 a.m., and 2:00 a.m. on the following morning; between 12:00 midnight, Saturday and 2:00 a.m. the following Sunday; and between 2:00 p.m. Sunday and 2:00 a.m. the following Monday. a:-- - - ' - - ' - - - - - - - .. - - - - - - - - - - - - - t e ;.--. - - . - • • • - -- \rr PART B. AMEND CHAPTER 4 (ALCOHOLIC BEVERAGES) BY THE DELETION OF SECTION 4 -6 (PERMITTING CONSUMPTION AFTER 2:00 A.M.), AND ADDITION OF SECTIONS 4 -7 (DEFINITIONS), 4 -8 (CLOSING RESTRICTIONS), 4 -9 (SET -UPS), 4- 10 (CONSUMPTION OF ALCOHOL ON THE PREMISES OF UNLICENSED COMMERCIAL ESTABLISHMENTS), 4 -11 (CONSUMPTION IN PUBLIC PLACES /SIGNAGE REQUIRED), 4 -12 (POSSESSION OF OPEN CONTAINERS) AND 4-13 (PENALTIES) OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA. /G J � Section 4 -6 is hereby deleted in its entirety ; 2 . . .- . No person holding a liccnsc to scll alcoholic bcvcragcs, shall allow, permit or suffcr any Now Struck t trettgh passages are deleted. Underlined passages are added. 99 -0 -06 2 %I Section 4 -7 is added as follows: Sec. 4-7. Definitions. Alcoholic beverage: includes distilled spirits and all beverages containing one -half of one (1) percent or more alcohol by volume including beer. wine and liquor. Enclosure: a secure perimeter separated from the general public by the use of an approved barrier. Highway: any public street. avenue. boulevard, roadway. alley. sidewalk, parking lot or other right -of -way or any area upon which the public has the right to travel. whether public or private. Open container: any glass. bottle, can or other receptacle or container containing an alcoholic '- beverage or any mixture containing an alcoholic beverage. which is not sealed or which has been opened. seal broken or the contents of which have been partially removed. Outside area designated for service: a commercial establishment that has been designated and permitted by the City to provide alcoholic beverage service to customers. Possession: actual physical possession or being located anywhere within a vehicle except as specifically provided in subsection (0(3) hereof. Premises: a commercial establishment permitted to sell alcoholic beverages for consumption on premises but premises shall not include the parking area or surrounding outside areas. Vehicle: every device. in. upon. or by which any person or property is or may be transported passages are deleted. Underlined passages are added. 99 -0 -06 3 or drawn upon a highway. Section 4 -8 is added as follows: Sec. 4 -8. Closing restrictions. It shall be unlawful for the licensee or an employee of the establishment holding a license under the regulation of the state beverage department to allow any other person except the licensee or an employee of the establishment to be in that portion of the establishment wherein liquor, beer, or other alcoholic beverages are sold. later than ten (10) minutes after the time that the establishment closes. Section 4 -9 is added as follows: Sec. 4-9. Set -ups. No owner. operator or employee of any commercial establishment licensed by the beverage department of the state. but not licensed to sell alcoholic beverages to be consumed on the premises, shall knowingly furnish or provide any set -ups. glasses or other service to any person for the purpose of consuming alcoholic beverages on the premises. Section 4 -10 is added as follows: Sec. 4 -10. Consumption in public places /Signage Required. It shall be unlawful for any person to drink. consume or possess an open container of alcoholic beverage outside the premises or on any highway. sidewalk or parking area open to the general public and located within one hundred (100) yards of any building containing an establishment open to the general public, not including any building customarily used for residential passages are deleted. Underlined passages are added. 99 -0 -06 4 purposes within the City. A commercial establishment engaged in the sale of alcoholic beverages may serve alcoholic N . beverages in an outside area designated for service once it has been approved, permitted and licensed by the City to provide such service to the customers. Said outside area designated for service shall in an enclosure separated from the general public. Signage required. Any establishment engaged in the sale of alcoholic beverages shall, at all times when such establishment is open to the public or is selling alcoholic beverages, have a sign located where it can be readily seen and read by all customers of the establishment which is at least six by eight and one -half inches (6" x 8 %2 ") in size and with seven - sixteenth inch minimum lettering and contains the following information: IT IS UNLAWFUL TO CONSUME OR POSSESS OPEN CONTAINERS OF ALCOHOLIC BEVERAGES OUTSIDE OF Now AND WITHIN 100 YARDS OF THIS ESTABLISHMENT. (Section 4 -10. Code of Ordinances, City of Edgewater) All establishments existing within the City of Edgewater shall have sixty (60) days to come into compliance with the signage posting requirements of this section. It shall be unlawful for the owner of any establishment dealing in alcoholic beverages to knowingly fail to comply with this section or for any person to sell, dispense or service alcoholic beverages in any establishment which is not in compliance with this section. The requirements of this section shall apply to all establishments dealing in alcoholic beverages. Now Streelt-threugh passages are deleted. Underlined passages are added. 99 -0 -06 5 Section 4 -11 is added as follows: Sec. 4 -11. Possession of open containers. fa) It is unlawful for any person to purchase, use, offer for sale, possess, consume or carry in a cup, glass, can or other open or unsealed container, any alcoholic beverage on any highway, sidewalks, public rights -of -way, or in or upon any parking area or other area outside of and adjacent to the licensed premises of a vendor of alcoholic beverages: on lands owned or controlled by the city: or in any city controlled building or facility. (b) No person shall drink from or have in his/her possession any open container containing any alcoholic beverage or any mixture containing an alcoholic beverage while in or on a vehicle, whether moving or stopped on any highway. (c) Exceptions: This ordinance shall not apply to: (1) Any person engaged in picking up empty beverage containers for the purposes of collecting the deposit value of the bottle or can itself, nor to any person taking part in a litter control program. (2) The possession of any open container by a licensed distributor or vendor of alcoholic beverages: provided, that such alcoholic beverage is being transported solely for commercial purposes. (3) The transportation of any open container of alcoholic beverage in or on any motor vehicle, provided that such container is in a compartment of the vehicle not readily accessible low passages are deleted. Underlined passages are added. 99 -0 -06 6 to the driver or passengers, such as a trunk or other nonpassenger or nondriver area of the motor vehicle. "fir, (4) The transportation of any open container or consumption of alcoholic beverages in or on any motor vehicle duly licensed and operated for hire to transport passengers, such as charter buses, regularly scheduled buses, taxicabs and the separate passenger compartments of limousines, provided the operator thereof is not in immediate possession of, or engaged in the consumption of any alcoholic beverage or open container of alcoholic beverage. (5) The operation, for a consideration of any motor vehicle by an individual licensed and supplied by a chauffeur service, limousine service, taxicab or bus company, provided the operator thereof is not in immediate possession of or engaged in the consumption of any alcoholic beverage or an open container of alcoholic beverage and is operating the vehicle while `'r' under, and in the scope of the employment of a chauffeur service, limousine service, taxicab or bus company. The operator must have in his or her possession evidence of employment by a bona fide chauffeur service, limousine service, taxicab or bus company. Section 4 -13 is added as follows: Sec. 4-13. Penalties. Any person found guilty of violating a provision of this ordinance shall be punished in accordance with Sections 775.082 and 775.083. Florida Statutes, with a fine not to exceed $500.00 and/or incarceration not to exceed sixty (60) days, or as Sections 775.082 and 775.083 may be amended. �Yrr Struck aaugh passages are deleted. Underlined passages are added. 99 -0 -06 7 In addition to any other remedies. whether civil or criminal. the violation of this ordinance may be restrained by injunction, permanent or temporary, and otherwise abated in any manner Ise provided by law. PART C. CODIFICATION. Provision os this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word "ordinance ", may be changed to "section ", "article ", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts C through F shall not be codified. PART C. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. EFFECTIVE DATE. This ordinance shall take effect upon adoption. passages are deleted. Underlined passages are added. 99 -0 -06 8 *1r+ PART F. ADOPTION. After Motion by Councilman Roberts and Second by Councilman Gornto, the vote on the first reading of this ordinance held on April 5, 1999, was as follows: Mayor Randy G. Allman AYE Councilman Jim Gornto AYE Councilman Myron F. Hammond ABSENT Councilman Gary W. Roberts AYE Now Councilwoman Judy Lichter AYE After Motion by and Second by , the vote on the second reading of this ordinance was as follows: Mayor Randy G. Allman XXX Councilman Jim Gornto XXX Councilman Myron F. Hammond XXX Councilman Gary W. Roberts XXX Councilwoman Judy Lichter XXX Struck through passages are deleted. Underlined passages are added. 99 -0 -06 9 PASSED AND DULY ADOPTED this day of , 1999. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Susan J. Wadsworth Randy G. Allman City Clerk Mayor APPROVED FOR FORM AND CORRECTNESS: N Nikki Clayton City Attorney passages are deleted. Underlined passages are added. 99 -0 -06 10 AGENDA REQUEST C.A. NO.: 99 -040 Date: April 12. 1999 PUBLIC HEARING 04/19/99 RESOLUTION ORDINANCE OTHER CONSENT BUSINESS CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: Public Hearing - Ordinance No. 99 -0 -07 - Amending Chapter 17 (Traffic) by adding Article IV (Towing or Impounding of Vehicles) BACKGROUND: In an effort to minimize hazards caused by vehicles left unattended, considered to be an obstruction of traffic or unsafe and inoperable, this Ordinance will give Police Officers and Code Enforcement Officers the authority to have vehicles towed if they meet the required criteria. Now On April 5, 1999, Council approved Ordinance No. 99 -0 -07 at first reading. On Friday, April 9, 1999, Notice of the scheduled Public Hearing was advertised in the Observer. BUDGETARY IMPACT: None RECOMMENDATION /CONCLUSION: Staff recommends that Council consider approving Ordinance No. 99 -0 -07 during the Public Hearing on April 19, 1999. FUNDS AVAILABLE: (ACCOUNT NUMBER) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. *r Respectfully submitted, Concurrence: i Ceffi2EUeil.MY1/e- - , - Lawrence F. Schumaker Kenne R. Hooper Chief of Police City Manager Nikki Clayton !/ City Attorney rmw ORDINANCE NO. 99-0-07 AN ORDINANCE OF THE CITY COUNCIL OF EDGEWATER, FLORIDA; TO AMEND CHAPTER 17 (TRAFFIC) BY ADDING ARTICLE IV (TOWING OR IMPOUNDING OF VEHICLES) OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. The City has become aware of outstanding safety hazards regarding vehicles that are left unattended, obstruction of traffic and a vehicle that is being operated and not in the proper condition to be driven according to Florida Statute 316.215. *tow 2. The City of Edgewater Code of Ordinances currently does not authorize Police Officers to cause the removal of vehicles from streets, right -of -ways, sidewalks, alleyways or other public property. 3. In an effort to minimize the hazards caused by vehicles that are considered to be unattended, obstruction of traffic or an unsafe /inoperable vehicle, it would be in the best interests of the citizens of Edgewater to enact this ordinance. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. AMEND CHAPTER 17 (TRAFFIC) BY THE ADDITION OF ARTICLE IV (TOWING OR IMPOUNDING OF VEHICLES) OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA. Nitre passages are deleted. Underlined passages are added. 99 -0 -07 1 Chapter 17 Article IV is added as follows: ARTICLE IV. TOWING OR IMPOUNDING OF VEHICLES. Sec. 17 -28. Towing or Impounding of Vehicles. (1) Police Officers may authorize to have a vehicle removed from a street, right -of -way, sidewalk, alleyway, or any public property to a public or private garage so designated by the city of Edgewater, or other place of safety, under the circumstances hereinafter enumerated: When any vehicle is left unattended upon any bridge, causeway, viaduct, or where such vehicle constitutes an obstruction to the regular flow of traffic. (b) When a vehicle upon a street or right -of -way is so disabled as to constitute an obstruction to traffic, or the person(s) in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its `o custody and removal. (c) When a vehicle is being driven upon the streets and is not in proper condition to be driven, as defined in Florida Statutes 316.215. OD When any vehicle is left unattended upon a street, right -of -way, alleyway or public property and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic. (e) When any vehicle has been parked or stored upon a street or public right -of -way for a period exceeding forty-eight (48) hours subsequent to placing notice of the vehicle. (f) When the driver of such vehicle is taken into custody by the police and such vehicle passages are deleted. Underlined passages are added. 99 -0 -07 2 would thereby be left unattended upon a street or public right -of -way: provided, however, that the police department may, in its discretion, allow the vehicle to Now remain in place, if lawful. Neither the city nor the individual officer shall be held liable for any damage whatsoever to a vehicle when owner of said vehicle or the driver has elected in writing to allow the vehicle to remain in place. (g) When removal is necessary in the interest of public safety due to fire, flood, storm or other emergency reason, or for the protection of property loss to the vehicle owner. (h) The vehicle is in imminent danger, due to rising water, vandalism, or theft. Li) The vehicle is being or has been used in the commission of a felony and is needed for evidentiary purposes. When removal is necessary due to the vehicle being parked illegally in an area which Now official traffic control signs designate a tow -away zone. (k) When at any given time a parked, unattended, abandoned, disabled or inoperable vehicle is parked in a right -of -way for a period of forty-eight (48) hours subsequent to placing a notice on the vehicle. (A vehicle shall be deemed inoperable if it cannot be immediately started and legally driven and shall include abandoned and/or wrecked vehicles or vehicles that do not display a valid tag.) U) When a vehicle is parked, stopped, or standing in violation of any city ordinance or the state traffic control law. 2) The provisions of this section shall be in addition to and shall not limit the powers of law Strnelt- thretrgit passages are deleted. Underlined passages are added. 99 -0 -07 3 enforcement officers to authorize the removal of vehicles under state law. Sec. 17 -29. Owner of vehicle presumed to be violator. In the case where a competent operator is present as (b). (c). and (f) above, the Department shall, prior to towing or impounding a vehicle, afford the owner or driver at his or her option, a reasonable opportunity in which to provide for the removal of the vehicle within a reasonable length of time. In lieu of impounding the vehicle, in cases where neither the driver nor the owner elects to provide for the removal of the vehicle, or in cases where neither the driver nor the owner can provide for the removal of the vehicle within a reasonable length of time, the owner or the driver may elect in writing to allow the vehicle to remain in place, if lawful. Neither the City of Edgewater nor its employees or agents shall be held liable for any damage to such vehicle. Prior to the impounding of such vehicle pursuant to this subsection, the police officer shall inform the owner or the driver of `'i" said vehicle of the various alternatives to impounding, and, the officer, upon request, shall provide the owner or the driver with the requisite form upon which he or she may elect to allow the vehicle to remain in place. For purposes of this subsection. the driver of the vehicle shall be conclusively presumed to be the authorized agent of the owner. Sec. 17 -30. Investigation. No vehicle impounded to a garage or compound as herein provided shall be released therefrom until the information necessary to complete any traffic citations and investigations has been provided to the Police Department and the towing, impoundment and storage charges have been paid by the owner and/or driver. passages are deleted. Underlined passages are added. 99 -0 -07 4 • Sec. 17-31. Fees. Charges for towing. removal. impoundment and storage shall be established by resolution low of the City Council and shall be posted for public inspection in the designated towing service office and the Police Department. Sec. 17-32. Cancellation. In the event a vehicle owner or operator returns to the vehicle after the Police Department has summoned a wrecker service, the department will so advise the wrecker service, who will cancel the response to that call. In the event that the wrecker service has arrived at the scene. as the owner or operator returns to the vehicle. the wrecker service will retain the option to collect a service charge at that time. Sec. 17-33. Form. When vehicles are towed by police request. the police officer will complete a towing form which reflects circumstances. general physical description of the car. and inventory of readily observable accessories and property in plain view in or on the vehicle. Items of value will either be secured in the vehicle, its trunk, or removed to the Police Department Evidence Section. The City assumes no liability for the safeguarding. including the vehicle. Sec. 17 Notification. In the case of all vehicles towed and unclaimed after seventy -two (72) hours. the Police Department or the Contracted Wrecker Company /Service will attempt to determine the legal owner of the vehicle and advise such owner of the location of the vehicle and actions necessary to effect Now Stmelt- through passages are deleted. Underlined passages are added. 99 -0 -07 5 release. PART B. CODIFICATION. %ow Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word "ordinance ", may be changed to "section ", "article ", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. PART C. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, %" inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. EFFECTIVE DATE. This Ordinance shall take effect upon adoption. Struck hreegh passages are deleted. Underlined passages are added. 99 -0 -07 6 PART F. ADOPTION. N,, After Motion by Councilwoman Lichter and Second by Councilman Gornto, the vote on the first reading of this ordinance held on April 5, 1999, was as follows: Mayor Randy G. Allman AYE Councilman Jim Gornto AYE Councilman Myron F. Hammond ABSENT Councilman Gary W. Roberts AYE Councilwoman Judy Lichter AYE Now. After Motion by and Second by , the vote on the second reading of this ordinance was as follows: Mayor Randy G. Allman XXX Councilman Jim Gornto XXX Councilman Myron F. Hammond XXX Councilman Gary W. Roberts XXX Councilwoman Judy Lichter XXX Struck through passages are deleted. Underlined passages are added. 99 -0 -07 7 Nor., PASSED AND DULY ADOPTED this day of , 1999. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Susan J. Wadsworth Randy G. Allman City Clerk Mayor APPROVED FOR FORM AND CORRECTNESS: Nikki Clayton ,4110, City Attorney Struck through passages are deleted. Underlined passages are added. 99 -0 -07 8 AGENDA REQUEST C.A. NO.: 99 -041 Date: April 13, 1999 PUBLIC HEARING RESOLUTION 04/13/99 ORDINANCE OTHER CONSENT BUSINESS CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: Resolution No. 99 -R -04 - Establishing Fees /Charges for Towing, Impounding, Storage of Vehicles pursuant to Ordinance No. 99 -0 -07 BACKGROUND: Ordinance No. 99 -0 -07 (adding Article IV - Towing or Impounding of Vehicles) requires a schedule of fees /charges to be established by resolution and be posted for public inspection in the designated towing service office and the Police Department. ,,. Resolution No. 99 -R -04 hereby establishes fees for services as set forth in the Wrecker Services Agreement dated May 15, 1995. BUDGETARY IMPACT: None RECOMMENDATION /CONCLUSION: Staff recommends that Council consider approving the fee schedule as provided by Resolution No. 99 -R -04. FUNDS AVAILABLE: (ACCOUNT NUMBER) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Now Respectfully submitted, Concurrence: O (if 8eFlcouilag Alk , orAiiiir _ Lawrence F. Schumaker Kennet ' . Hooper Chief of Police City Manager /1. ' i c(e.../ Nikki C ayton City Attorney rmw Now RESOLUTION NO. 99 -R -04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ESTABLISHING A SCHEDULE OF CHARGES FOR TOWING, REMOVAL, IMPOUNDMENT Now AND STORAGE RELATING TO ARTICLE IV (TOWING OR IMPOUNDING OF VEHICLES) OF CHAPTER 17 (TRAFFIC); REPEALING RESOLUTIONS IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. On April 19, 1999, the City Council adopted Ordinance No. 99 -0 -07 which amended Chapter 17 (Traffic) by adding Article IV (Towing or Impounding of Vehicles). 2. Article IV (Towing or Impounding of Vehicles), Section 17 -31 (Fees), provides that charges for these services will be established by resolution of the City Council and shall be posted '`• for public inspection in designated areas. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater, Florida: Section 1. Establishing a Schedule of Fees. Pursuant to Chapter 17 (Traffic), Article IV (Towing or Impounding of Vehicles), Section 17 -31 (Fees), the schedule of fees /charges are hereby as set forth in Section IV (Compensation) of the Wrecker Services Agreement dated May 15, 1999, which is attached hereto and incorporated by reference as Exhibit "A ". Section 2. All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Section 3. This resolution shall take effect upon adoption. 99 -R -04 1 After Motion by and Second by , the vote on this resolution was as follows: Now Mayor Randy G. Allman XXX Councilman Jim Gornto XXX Councilman Myron F. Hammond XXX Councilman Gary W. Roberts XXX Councilwoman Judy Lichter XXX PASSED AND DULY ADOPTED this day of April, 1999. Now ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Susan J. Wadsworth Randy G. Allman City Clerk Mayor APPROVED FOR FORM AND CORRECTNESS: Nikki Clayton City Attorney 99 -R -04 2 WRECKER SERVICES AGREEMENT THIS AGREEMENT made and entered into this I day of Aa , 1995, by and between the CITY OF EDGEWATER, liow FLORIDA, a municipal corporation, hereafter "City" and EDGEWATER GARAGE, INC., hereafter "Contractor ". WHEREAS, the City desires to obtain the services of Contractor for the provision of wrecker services; and WHEREAS, Contractor desires to provide these services to the City. NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth herein and other good and valuable consideration, the parties agree as follows: I. Scope of Services and Equipment, Storage Facility and Personnel Requirements A. As further described below, Contractor shall furnish all Now labor, tools, equipment, materials, supplies and services except as specifically set forth herein, to provide wrecker, towing and storage services when requested by the City. Such services shall be collectively referred to as wrecker services. B. The Contractor shall provide the towing and storage of motor vehicles and trailers from public or private property iy ng within the Edgewater city limits when requested by the City. C. The Contractor shall provide for the towing and storage of illegally parked or disabled vehicles pursuant to acnlicable law and those which are impounded or required to be moved by or at the direction of a police officer. D. The Contractor shall provide for the towing and storage of any `, vehicle or trailer from the scene of an accident to a location within the area as designated by the owner. (agreemnt /wrecker) May 16, 1995 A -1 E. At no charge to the City, within Edgewater city limits and within a twenty (20) mile radius of the Edgewater city limits the Contractor shall provide wrecker services and towing for any disabled City vehicle from its point of disability to any point within the City as may be directed by the City. . F. Upon notification by the City, the Contractor shall remove all debris resulting from motor vehicle accidents from the public streets, sidewalks and property of the City even if actual towing is not required. G. Wrecker service shall be available at all times, twenty -four (24) hours a day, seven (7) days a week including holidays. For at least 95% of all calls, Contractor shall be at the requested location within twenty (20) minutes from the time a call is received requesting wrecker service. For the remaining 5% of the calls, a wrecker will be at the location within thirty (30) minutes of receiving a call. H. In the event the Contractor is unable to respond to a call with one of its own wreckers, Contractor shall provide service by utilizing a wrecker from another company. The substitute wrecker must comply with all the requirements contained herein. I. Upon the City's request, the Contractor shall participate in periodic reviews of the wrecker service and the inspection of equipment and required documentation. J. In providing wrecker service, the Contractor shall interfere as little as possible with to public use of roads, walks and entrances to houses, and shall be responsible for making such temporary provisions as arc . ..required to maintain at least one (1) lane of traffic open. K. The City shall have the right to cancel a call until such time Nitro as the wrecker arrives on the scene. The City or the owner of the vehicle cr trailer shat'_ not be charged for a canceled call. The term "arrives on the scene" is construed to mean that the responding wrecker has arrived within the close (agreemnt /wrecker) May 16, 1995 A -2 physical proximity of the vehicle or trailer to be towed and the wrecker has stopped in preparation for performing the towing service. L. The driver of any disabled vehicle or trailer shall have the right to contact a wrecker service of his choice. M. If the City determines that < vehicle or trailer was towed in error at the request of the City, there shall be no charge for the services rendered. N. At the request of the City, Contractor shall tow all abandoned vehicles at no charge to the City. The City shall surrender all salvage rights to such vehicles to the Contractor and shall not retain any liens upon the vehicles. 0. Contractor shall assume responsibility for any towed vehicle or trailer, accessories and any property contained within the vehicle or trailer at the time the wrecker is hooked to the vehicle or trailer to be towed. The Contractor shall inventory all personal property contained in the vehicle or trailer at that time or endorse the inventory prepared by the police officer in charge. P. On a monthly basis, the Contractor shall submit to the Police Department a list of all vehicles towed pursuant to this Agreement describing each vehicle by make, year, model, vehicle identification and tag number. Q. The Contractor shall maintain for four (4) years following the towing of any vehicle pursuant to this Agreement the following records of such tow: where the vehicle was towed from; the date towed; the driver whc towed the vehicle; where it was towed; a complete description of the vehicle; the name and address of the registered owner; the date and disposition c the vehicle; and all correspondence sent or received concerning the vehicle. Noise R. All equipment and vehicles utilized by the Contractor shall comply with all applicable federal, state, and local regulations. (agreemnt /wrecker) May 16, 1995 A -3 S. The Contractor shall provide and maintain a two -way radio communication system between its office and all vehicles used in performance of these wrecker services. The Contractor loftre shall also maintain a direct telephone line for incoming police calls. T. The Contractor shall maintain all vehicles and other equipment utilized in the performance of these wrecker services in a clean and sanitary condition at all times. U. All vehicles towed by the Contractor over the public streets of the City of Edgewater shall be moved in such a manner as is necessary to prevent leakage, spillage or blowing of materials. V. The name of the Contractor and its telephone number shall be prominently displayed on all vehicles utilized in the performance of these wrecker services. W. Contractor shall have available a minimum of four (4) wreckers to provide these wrecker services including: two (2) Class Nimv "A" wreckers; one (1) Class "C" wrecker; and one (1) Roll Back car carrier. The Class "C" wrecker may be available through written agreement with another company. X. Contractor shall have the capability and equipment necessary to tow City fire trucks and semitrailers. Y. All wreckers shall be of recognized commercial make and shall have a wrecker winch (ch&Esis) and truck towing capacity suitable for the removal and towing of vehicles and trailers contemplated by the City. _.:__ classes of wreckers shall :nave the underreaches and /or wheel lifts necessary for towing late model vehicles. Z. Contractor shall maintain a primary storage garage and /or outside storage facility complying with all applicable Sow building and zoning regulations within seven (7) miles of the Edgewater city limits. AA. The storage facility shall contain a minimum of two hundred (200) spaces in an area which is completely fenced. (agreemnt /wrecker, May 16, 1995 A-4 BB. Contractor shall have avai:'_<:ble a minimum of two (2) spaces inside a building for the storing of vehicles or trailers which require police processing for investigative purposes. Such vehicles or trailers shall be marked "HOLD ". These spaces shall be maintainer LO provide protection from the weather and security from the general public. There shall be no charge to the City for the storage of vehicles or trailers marked "HOLD ". CC. The Contractor shall provide the Police Department with reasonable assistance, including the availability and use of a wrecker, for the examination of vehicles or trailers stored by the Contractor. DD. The Contractor shall have an employee on duty at the storage facility or upon immediate call to the facility twenty -four (24) hours a day, seven (7) days a week including holidays. EE. The storage facility shall be subject to inspection by the City prior to the award of the bid and subject to periodic inspections by the City when deemed necessary to insure compliance with these requirements. FF. Vehicles or trailers seized for forfeiture by the City shall be stored at no charge to the City. GG. The Contractor shall take ail reasonable steps to protect all stored vehicles, trailers and their contents from theft and damage. HH. Personal property contained within a vehicle or trailer stored by the Contractor shall be disposed of to defray any charges for towing or storage except as provided by law. II. Upon payment of all charges and presentation of proof c'= ownership or right of possession, the Contractor shall release any stored vehicle, trailer- or personal property contained fir► therein to the appropriate person. The Contractor shall obtain a signed receipt from the person to whom the vehicle, trailer or property is released. Any vehicle or trailer (agreemnt /wrecker, May 16, 1995 A -5 marked "HOLD" by the Edgewater Police Department shall not be released without the consent of the Police Department. JJ. The Contractor shall provide any person seeking to reclaim a y` vehicle, trailer, or personal property with an itemized statement of all charges for services rendered. KK. No owner, partner, officer, or employee of the Contractor shall have been: (1) convicted of any felony for which the individual's civil rights have not been restored or (2) convicted of any felony or first degree misdemeanor directly related to the business of operating a wrecker service regardless of whether the individual's civil rights have been restored. In addition to any other felony or first degree misdemeanor directly related to the operation of a wrecker service, any offense within the last ten (10) years involving perjury or false statement shall be considered to be direct_;- related to the business of operating a wrecker service. LL. The Contractor shall not hire or retain any wrecker driver who has been convicted of: driving under the influence, driving with an unlawful blood alcohol level, or any other criminal traffic offense. II. Minimum Insurance Requirements A. Prior to the commencement of wrecker services, the Contractor shall procure and maintain a, least the following insurance coverage with the limits specified herein. All insurance companies providing insurace under this Agreement be authorized to conduct business in the State of Florida and shall have a general policy ;polders rating of A or better and a financial rating of X or better according to the latest publication of Best Key RatTg Guide, published by AM Best, �► Inc.. Said insurance shall be evidenced by delivery to the City of (1) a certificat of insurance executed by insurers listing coverage and limits, expiration dates and (agreemnt /wrecker) May 16, 1995 A -6 ti terms of policies and all er.aorsements whether or not required by the City, and listing all carriers issuing said policies; and (2) a copy of each policy, including all endorsements. Imor The insurance requirements shall remain in effect throughout the term of this Agreement. 1. Workers' Compensation limits as required by law and Employers' Liability Insurance of not less than $100,000.00 per occur_ence. 2. Comprehensive General Liability Insurance including, but not limited to: Independent Contractor, Contractual, Premises /Operations, Products /Completed Operations and Personal Injury covering the liability assumed under the indemnification provisions of this Agreement, with limits of liability for personal injury and /or bodily injury, including death, of not less than $1,000,000.00 each occurrence; and property damage of not less than $100,000.00 each occurrence. Combined Single Limits of not less than $500,000.00 each occurrence will be acceptable. Coverage shall be on an "occurrence" basis and the policy shall include Broad Form Property Damage coverage and Fire Legal Liability of not less than $50,000.00 per occurrence. 3. Comprehensive Automobile and Truck Liability covering owned, hired and non -owned vehicles with minimum limits of $1,000,000.00 each occurrence and property damage of not less than $100,000.00 each occurrence. Combined NNW Single Limits of not less than $500,000.00 each occurrence will be acceptable. Coverage shall be on an "occurrence" basis, such insurance to include coverage for loading and unloading hazards. 4. $500,000.00 Combined Single Limits, personal injury and /or bodily, including death, and property damage liability insurance as an excess of the primary coverage required above. 5. Garage Keepers Legal Liability insurance in an amount reasonably sufficient to protect the owners of any and all vehicles towed or stored by the Contractor pursuant to this Agreement from loss or damages to such vehicle on account of such removal or storage. B. Each insurance policy shall include the following conditions by endorsement to the policy: 1. Each policy shall require that at least thirty (30 cays prior to expiration, cancellation, nonrenewal or any material change in coverage or limits, a notice thereof shall be given to the City by certified mail to: City Attorney, P. 0. Box 100, Edgewater, Florida 32132 -0100. Contractor shall also notify the City, in a like manner, within twenty -four (24) hours after receipt of any notices of expiration, cancellation, nonrenewal or material change in coverage received by said Contractor from its insurer; art nothing contained herein shall absolve Contractor of this requirement to provide notice. (agreemnt /wrecker) May 16, 1995 A -7 2. The City of Edgewater shall be endorsed to the required policy or policies as an additional named insured. III. Term and Termination r This Agreement shall be effective from May _ 17 , 1995, through May 17 , 1997, unless terminated earlier as provided herein. At the option of the parties, this Agreement may be renewed for two additional two year terms, provided however, that the Agreement may be amended to reflect the renegotiation of terms acceptable to the parties. All provisions of this Agreement are considered material. Upon the failure of Contractor to comply with any of the provisions of this Agreement within ten (10) days of written notice by the City of such deficiencies, the City may terminate this Agreement upon written notice to Contractor. IV. Compensation A. In consideration for the City's exclusive use of Contractor, "\1►' Contractor shall submit to the Finance Director on the first day of each month the sum of ten dollars and no /100 ($10.00) per tow for those services performed by Contractor pursuant this Agreement along with copies of all invoices for services provided pursuant to this Agreement. The towing of City vehicles, abandoned vehicles, or other vehicles for which there will be no towing charge by the Contractor shall not be included in the determination of the number of monthly tows. B. Contractor may charge the owner of any vehicle being towed and /or stored at the request of the City the rates listed below: 1. Pulling any vehicle out of soft sand $35.00 or low water (minor /no %law Additional fee when c <:::.cle towed to $30.00 compound (Complications: An additional fee of $20.00 per fifteen (15) mins::.tes of extra laboz is allowed in complicated situations such as: vehicle stuck exceeds 6,000 lbs., is buried to axle and requires more than a single hook -up (agreemnt/wrecker) May 16, 1995 A-8 to remove; or vehicle is so deep in flood water that wrecker driver must wade out to it to make hook -up.) 2. Towing of vehicles 6,000 lbs. and under $65.00 Single hook -up (includes first 1/2 hour at scene) Towing of vehicles over 6,000 lbs. $85.00 Niue Single hook -up (includes first 1/2 hour at scene; Towing of vehicles by Class C wrecker $150.00 (includes first 1/2 hour at scene) (Complications: An additional fee of $20.00 per fifteen (15) minutes of extra labor is allowed in complicated situations such as: removing a vehicle from a canal; need for more than one wrecker or hook- up to extricate vehicle from pole, tree, house, etc.; righting over - turned vehicle; dropping linkage /drive shaft in order to tow; at accident scenes where there is an unusually large amount of debris requiring extra time to clean up and remove.) 3. Service Charges: Change tire, jump start, etc. $20.00 When wrecker on scene and owner arrives $25.00 4. Storage Rates /Per Day: For less than six (6) hours: No charge "err Outside: $15.00 Inside: $20.00 Over thirty (30) days $15.00 per day (inside or outside) C. The City shall not be liable in the event of nonpayment by the owner of any vehicle being towed and /or stored by Contractor at the request of the City. D. At the option of the Contractor, an increase in the rates specified herein may be ne^otiated at the end of each year covered by this Agreement along with a corresponding increase in payment to the City. E. In consideration for the services to be provided by the Contractor, under the terms of this Agreement, the City hereby Noir grants the Contractor all salvage rights that may be pe: itted by law on any vehicle which may be towed pursuant to this Agreement, excluding those- vehicles seized and held for possible forfeiture by the City. (agreemnt /wrecker) May 16, 1995 A -9 V. Independent Contractor Contractor is and shall be an independent contractor and operator, responsible to all parties for all of its acts or Now omissions and the City shall in no way be responsible for such acts or omissions. Contractor shall and will indemnify and hold harmless the City from and against any and all liability, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions, and costs of actions, including reasonable attorney's fees of any kind and naeure arising or growing out of or in any way connected with Contractor's provision of wrecker services to the City except as shall have been occasioned by the sole negligence of the City. VI. Complaints The City shall notify the Contractor of any reported failure to comply with the provisions of the Agreement. The Contractor shall take whatever steps are nacassary to remedy the cause of the complaint within twenty -four (24) hours and report to the City regarding the action taken. The City and Contractor agree that the Contractor's failure to remedy the cause of the complaint shall be considered a breach of the contract and such failure may be grounds for termination of the Agree_ent pursuant to Paragraph ICI. VII. Availability of Records Contractor shall make available to the City upon request all reports, records, and other pertinent information relatino to the Contractor's performance under this Agreement as may be required by the City. The City reserves the right, during normal business hours, to inspect and audit the Contractor's records pertaining to % service provided under this Agreement. All records must be maintained at one central location. (agreemnt /wrecker) May 16, 1995 A VIII. Misleading, Dishonest a...., _llegal Practices The Contractor warrants that it will not engage _n any misleading, dishonest, or illegal practices with regard to the `Now vehicles towed pursuant to this Agreement, and shall charge owners of vehicles only those amounts permitted under this Agreement for those services covered by this Agreement. In the event that an overcharge or other violation covered by this paragraph is reported to the City, the City shall promptly notify the Contractor of the alleged violation. If a satisfactory explanation is not received by the City within twenty -four (24) hours from the Contractor, or the violation is not otherwise remedied and assurances given that similar violations will not occur in the future within the twenty - four (24) hour period, such failure shall be grounds for termination of this Agreement pursuant to Paragraph III. IX. Performance and Payment Bond 'fir Prior to the commencement of wrecker services Contractor shall furnish a guarantee of performance in a form acceptable to the City Attorney in the amount of two thousand and 00 /100 dollars ($2000.00). Contractor shall maintain such guarantee throughout the term of this Agreement. X. Permits and Licenses The Contractor shall secure and pay for any permits, licenses, or any other governmental fees which may be applicable to the services performed under the provisions of this Agreement. XI. Compliance Contractor shall observe, obey, and comply with all Now ordinances, laws, rules and reulations of the City, State of Florida , and other governmental units or agencies which may be applicable to Contractor's performance under this Agreement. (agreemnt /wrecker) May 16, 1995 A -11 XII. Notices All notices or other communications required or permiused under this Agreement shall be in writing and shall be deemed duly r`„ given if delivered in person or sent by certified mail, return receipt requested, and addressed as follows: If to City: With a Copy to: City Manager City Attorney City of Edgewater City of Edgewater P. 0. Box 100 P. 0. Box 100 Edgewater, FL 32132 -0100 Edgewater, FL 32132 -0100 If to Contractor: John F. Reilly, Jr., President Edgewater Garage, Inc. 2033 South Ridgewood Avenue Edgewater, Florida 32141 (904)427 -1703 XIII. Headings The descriptive headings appearing in this Agreement are for convenience only and are not to be construed either as a part of the terms and conditions hereof or as any interpretation thereof. XIV. Amendments This Agreement may only be amended by a written document signed by both parties. XV. Entire Agreement This Agreement embodies :e whole understandinc of the parties. There are no promises, terms, conditions, or obligations other than those contained he fain, and this Agreement shall_ supersede all previous communications, representations, or agreements, either verbal cr wr.'..:.en, between the parties hereto. Vier XVI. Assignment Contractor shall not assign its obligations hereunder without the prior written consent of C_tr. (agreemnt /wrecker, May 16, 1995 A -12 XVII. Binding Efect All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, Nftior and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. XVI I I . Governing Law This Agreement shall be governed by the laws of the State of Florida. IT WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the date and year first written above. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA /j 7 Susan J. adsworth /Jack H. Hay.an, S .� City Clerk /Mayor ' APPROVED FOR FORM & CORRECTNESS: 4L...afV�tiLj.i Krist: A. Storey ' City Attorney WITNESSES: EDGEWATER GARAGE, INC. By:/ :: . John F. Rei ly, Jr. President `1r (agreemnt /wrecker May 16, 1995 A - 4. AGENDA REQUEST C.A. NO.: 99 -029 Date: April 12, 1999 PUBLIC HEARING RESOLUTION 04/19/99 ORDINANCE OTHER CONSENT BUSINESS CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: Resolution No. 99 -R -03 - Authorizing the Mayor to execute the attached Florida Department of Transportation Utility Agreement for SR #442 BACKGROUND: FDOT will be modifying a portion of SR #442 from Air Park Road to US Highway #1 and from I -95 to Air Park Road. FDOT has provided the City with their standard Resolution (No. 99 -R -03) and Utility Relocation Agreement for consideration and approval by Council. As in the past, and FDOT's standard Utility Relocation Agreement states that all relocation expenses will be born by the City. BUDGETARY IMPACT: ± ( ) ( ' ( y f RECOMMENDATION /CONCLUSION: Staff recommends City Council consider approval of the attached Resolution No. 99 -R -03 and the Utility Relocation Agreement supplied by FDOT. FUNDS AVAILABLE: (ACCOUNT NUMBER) 1U - CV` 1 • (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. '+err► Respectfully submitted, Concurrence: Terry Wads' orth Kennet R. Hooper Director of Utilities City Manager ikki Clayton 4 City Attorney rmw Now STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RESOLUTION FORM UTILITIES UTILITY AGREEMENT RESOLUTION NO. 99 - R - 03 FIN. PROJ. ID SECTION # STATE RD. COUNTY DOC NO FAP # 240811- 1 -52 -01 79210 -6504 442 VOLUSIA 1 240812- 1 -52 -01 79210 - 6505 WHEREAS, the State of Florida Department of Transportation, hereinafter referred to as the "FDOT ", proposes to construct or reconstruct a transportation facility identified above, hereinafter referred to as the "Project "; and WHEREAS, in order for the FDOT to proceed with the Project, it is necessary for the City of Edgewater, Florida, hereinafter referred to as the "UAO ", to execute and deliver to the FDOT the agreement identified as UTILITY RELOCATION AGREEMENT (AT UTILITY OWNER'S EXPENSE), hereinafter referred to as the "Agreement "; NOW, THEREFORE, BE IT RESOLVED BY THE UAO: That (name) Randy G . Al lman , (title) Mayor be hereby authorized and directed to execute and deliver the Agreement to the FDOT. certified copy of this Resolution be forwarded to the FDOT along with the executed Agreement. Now ON MOTION of , seconded by , the above resolution was introduced and passed by the UAO on the 19 day of April , 1999. Randy G. Allman Title: Mayor City of Edgewater ATTEST: Susan J. Wadsworth Title: City Clerk • RECYCLED PAPER .0 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY RELOCATION AGREEMENT FORM 7I UTILIT I E S (AT UTILITY OWNER'S EXPENSE) Pegc07//95 FIN. PROJ. ID STATE PROJECT NO. STATE RD. COUNTY DOC NO. FAP NO. 240811- 1 -52 -01 79210 -6504 442 VOLUSIA 1 240812- 1 -52 -01 79210 -6505 THIS AGREEMENT, made and entered into this day of , 1999, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the DEPARTMENT, and the CITY OF EDGEWATER, a political subdivision of the State of Florida, acting through its City Commissioners, hereinafter referred to as UTILITY OWNER. WITNESSETH: WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a portion of the State Highway System designated by the DEPARTMENT as Financial Project ID 240811- 1 -52 -0, State Project No. 79210 -3504, Road No. 442 from Air Park Road to SR 5 (US 1), and Financial Project ID 240812- 1- 52 -01, State Project No. 79210 -3505, Road No. 442 _from SR 9 (1 -95) to Air Park Road, hereinafter referred to as the "Project ", which shall call for the location (vertically and horizontally), protection and /or relocation and adjustment of the UTILITY OWNER's facilities on said Project, hereinafter referred to as "Relocation Work "; and WHEREAS, the plans for the said construction, reconstruction or other changes to be made have been reviewed by the DEPARTMENT and the UTILITY OWNER, NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, it is agreed by the parties as follows: 1. The UTILITY OWNER shall make or cause to be made all arrangements for this Relocation Work at its own expense and in accordance with the plans, designs and specifications of the DEPARTMENT for the construction or reconstruction of the Project and the provisions of the DEPARTMENT's current Utility Accommodation Manual, which, by reference, is made a part of this Agreement. 2. The UTILITY OWNER shall perform all Relocation Work so as to cause no delay to the DEPARTMENT or its contractor in the prosecution of the Project, and all such Relocation Work shall be done under the direction of the DEPARTMENT's engineer. The UTILITY OWNER agrees that it will be directly responsible for any legal claims that the Project contractor may initiate due to delays caused by the Relocation Work; provided, however, the UTILITY OWNER shall not be responsible for delays beyond its control. 3. The UTILITY OWNER agrees to locate (vertically and horizontally), and protect its facilities throughout the Projects life. The UTILITY OWNER also agrees to relocate its facilities upon the DEPARTMENT's right -of -way according to the terms of the relocation schedule and the DEPARTMENT's utility permit. 4. The UTILITY OWNER accepts sole responsibility for obtaining all Federal and/or State permits required for this Relocation work. 5. The UTILITY OWNER shall perform all such Relocation Work either with its own forces or by a contractor paid under a contract let by the UTILITY OWNER and under the direction of the DEPARTMENT's engineer. The UTILITY OWNER shall ieither proceed with prosecution of the Relocation Work with its own forces nor let a contract of such Relocation Work until it has ' rreceived the DEPARTMENT's written authority to proceed. 6. The UTILITY OWNER shall maintain the Relocation Work in good repair in accordance with the DEPARTMENT's current Utility Accommodation Manual. 7. The DEPARTMENT shall furnish the UTILITY OWNER with all necessary construction plans that are required by the UTILITY OWNER to facilitate the Relocation Work. The UTILITY OWNER's plans, maps, or sketches showing the Relocation Work are made a part hereof by reference. 1 OR,A1 710 - 010 -27 f1. T18507!95 Page 2 of '_ 8. To the extent provided by law, the UTILITY OWNER shall indemnify, defend, save harmless and exonerate the DEPARTMENT, its officers, agents and employees of and from all liability, claim, loss, damage, cost, charge, expense and demands arising out of the Relocation Work undertaken by the UTILITY OWNER, its employees, agents, representatives, or subcontractors due in whole, or in part to conditions, actions, or omissions done or committed by the UTILITY OWNER, subcontractors, employees, agents for representatives. It is specifically understood and agreed that this indemnification does not cover or indemnify the DEPARTMENT for its own negligence or breach of contract. 9. The UTILITY OWNER shall inform the DEPARTMENT's engineer in writing when it starts, stops, resumes and finishes the Relocation Work. 10 This agreement shall remain in full force until canceled, and may be canceled by either party upon (60) days written notice. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers, and their official seals hereto affixed, the day and year first above written. UTILITY: CITY OF EDGEWATER , FLORIDA BY: DATE: (SEAL) ATTEST(s): Recommend Approval by the District Utility Office BY: DATE: FDOT Approved as to Form and Legality BY: DATE: District General Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: DATE: (Title: ) Now ATTEST(s): (SEAL) (Title: ) AGENDA REQUEST Date: April 19. 1999 Noy Consent XX New Business Unfinished Business Public Hearing Resolution Ordinance ITEM DESCRIPTION /SUBJECT: Two (2) Construction Regulation Board (CRB) members term expire May 06, 1999. The members are: Sid Corhern and Robert Howard. BACKGROUND: Both members have requested re- appointed to the CRB for another term. Letters attached. RECOMMENDATION /CONCLUSION: Re- appoint Sid Corhern and Robert Howard to the CRB for another term. FUNDS AVAILABLE: ACCOUNT NUMBER: N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED): N/A PREVIOUS AGENDA ITEM: YES NO x DATE: AGENDA ITEM NO.: Respectfully Submitted, D - nnis I. Fisch- , CBO B ilding Department Manager h:\tonya\crb\corres\apr1999 AA /10 /OA f1t•II PAT AAA A ?A1A91 474747 A9R P_1 K I M PPM R4 -17 -9 9 R7 -4RP T tll....�t,. 7'l 4 Den City of Edgewater P. D. Box 100 Edgewater, FL 32132 -0100 Re: corlstruWal 11691.1iitliutt at j f /Bar riug*71ii1WCi /44.•• v\y vr.....vs.. • L.- L...wr ....k44∎ d !ift!st rrns harm nn that nonliturti011 Reoulaon Board will , .......iw.\ .Y. H ari A 4 0013 Ikons rid Oka tr] 116 considered fa• re ointment to the TfItLIFIk VfYJ Bid Corhern 2718 Woodland Drive Edgewater, FL x2141 hrr • /19 /00 1G•r1 TY /DV MA QQ9Q D 11 A 1 MIN MAR 2 6 1999 March 23, 1999 *ow City of Edgewater P. 0. Box 100 Edgewater, FL 32132 -0100 Re: Construction Regulation Board Dear Honorable Mayor and City Council: have been advised that my term on the Construction Regulation Board will expire on May 6, 1999. I would like to be considered for reappointment to the Board for another term. Than you, — e Robert Howard Now 602 Indian River Blvd Edgewater, FL 32132 :tle h:ltonya\crb\correslreappnt CITE' OF EDGEW'ATER ) • APPLICATION FOR APPOINTMENT TO CITY BOARD OR AGENCY IJ Name ! � ( 2 r r A/1 7/(' /V Z.,./ Address T27/S_ (, M / %/7 75<7 12 S+Y "- y ''`rive phone 1- 1l Y 7 /7311 / Occupation �ri - Ol��� ('l /`I�5 c,2 �/7c7( /Q„?JrY,7 Business l0/4/'Q/L (l Are you a resident of the City of Edgewater? j/ (`' c How long have you lived in Edgewater? , ; — /v/ ,-5- is your principal place of employment in Edgewater? y ¢'= If so, how long? 2:2 y / rs' Briefly state your interest in serving on a City Board and list previous experience: /C7 / 15c / c, CJC 4 /7 7:7 5 ( 17 l ( /gr° Y, G I/. c 1- 4 �'�1 Pf7 / r / cJ / / re"..5 5j „S7 ' Are you a registered voter? .44”) Do you hold a public office? 4 9() Are you employed by the City? N O At the present time, do you serve on any other Boards or Agencies? _ If so, list each: PLEASE INDICATE BOARDS OR AGENCIES YOU WOULD LIKE TO SERVE ON All Board Members MUST file financial disclosure each year Building Trades Regulatory 6 Appeals Board / Library Board citizen Code Enforcement Board / Merit Board General Employees Pension Board Parks 6 Recreation Board Industrial Development Board Police Pension Board Land Development 6 Regulatory Agency (PLEASE INDICATE ALL BOARDS INTERESTED IN, AND RANK THEM ACCORDING TO CHOICE BY NUMBER) Signature: _ _ Date: * *See reverse side for listing of Boards and Agencies — 17 ( 1 4( Ix (-/ ( RECEIVE* JUN 251998 THE CITY OF EDGEWATER BLDG. DIVISION POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100 APPLICATION FOR APPOINTMENT TO CITY BOARDS, AGENCIES OR COMMITTEES NAME Thomas B. Allen �'// // ADDRESS 1887 So. Pinedale Rd District id -/ (Staff will supply district number) HOME PHONE 428 -4779 BUSINESS PHONE407- 539 -6151 OCCUPATION Plans Co- Ordinator Are you a resident of Edgewater No How long Is your principal place of employment in Edgewater? No if yes how long? Briefly state your interest in serving on a City board, agency or committee:I would like to use my experience in the industry to ensure that the resident's and contractor's abide by the Code Laws and industry standards in use today.and in the event of dispute, that all parties are treated in an impartial manner. I would also �rrr like the opportunity to use my experience to make recommendations for Code Laws to be adopted. State your experience /qualifications* See Attached* Are you a registered voter? Yes Are you employed by the City? Nn Do you hold public office? Nn At the present time, do you serve on any other Boards, Agencies, or committees? No If so, list each: Have you ever served on any boards, agencies, or committees ?Yes If so, list each: Seminole Coiinty Tnspectors Team Leader, Habitat for Humanity Inspector. (BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER ANIMAL CONTROL BOARD GENERAL EMPLOYEES PENSION BOARD BEAUTIFICATION & TREE COMMITTEE LIBRARY BOARD CITIZEN CODE ENFORCEMENT BOARD PARKS & RECREATION BOARD X CONSTRUCTION REGULATION BOARD PLANNING & ZONING BOARD ECONOMIC DEVELOPMENT BOARD POLICE PENSION BOARD FIREFIGHTERS PENSION BOARD VETERANS PARK ADV. COMMITTEE 'W..- S I GNATURE DATE : 4 — 7 .0 ** SEE REVERSL SIDE FOR LISTING OF BOARDS, AGENCIES AND COMMITTEES ** (REV 10- 30 -97) Thomas B. Allen 1887 South Pinedale Road Edgewater, FL 32141 (904) 428 -4779 Certified General Contractor, State of Florida Lic. # CGC045445 Certified Roofing Contractor, State of Florida Lic. # CCCO53874 State Standard Inspector, State of Florida Lic. # BN0002013 Building, Plumbing, Mechanical, One and Two Family Inspector, and Coastal. Inspector. State Standard Plans Examiner, State of Florida Lic. # PX0000955 Building. Provisional Plans Examiner PMP0000042 Mechanical, PPP0000044 Plumbing, PEP0000054 Electrical, CABO Certified Building Official Lic. # 3020 SBCCI Certifications Building Inspector, Cert. # 4847 Building Plans Examiner, Cert. # 742 Building Code Analyst, Cert, # 389 Plumbing Inspector, Cert. # 1966 Plumbing Plans Examiner, Cert. # 618 Plumbing Code Analyst, Cert. # 288 Mechanical Inspector, Cert. 4 1234 Mechanical Plans Examiner, Cert. 4 659 Mechanical Code Analyst, Cert. 4 2 82 One and Two Family Inspector, Cert. 4 1998 Housing Rehabilitation Inspector, Cert. 1531 Housing Rehab. Code Enforcement Officer, Cert. 4 236 Coastal Inspector, Cert. # 257 Residential. Electrical Inspector, Cert, 4 1517 Florida Concrete and Products Association Structural Masonry Inspector Cert. 4 SMI -1390 Member of SBCCI Member of Central Florida Chapter BOAF Life Member of the NRA Active in Habitat for Humanity Thomas B. Allen 1887 South Pinedale Road Edgewater, FL 32141 (904) 428 -4779 Daytona Beach Community College pursuing an Associate in Science in Building Construction on a part -time basis X r:Je r i nee 5 Years as self - employed General Contractor; residential and , •untrr.rction and remodeling 2 Year as a self - employed Roofing Contractor; residential and c;ornrnerctal roofing and re-roofing 15 Years in all phases of residential and commercial construction including: form work, concrete pouring and finishing, framing, insulation, drywall installation, roofing, interior trim, manufacture and installation of custom cabinets, stairs and flooring, hand -frame and timber -frame construction Commercial Estimator for a Roofing Company; bid preparation, inspection of completed projects, inventory control Estimator/Engineer for a Truss Company; bid preparation, design of truss systems for commercial and residential construction, computer ri H ing and layout, preparation of material cut - sheets Some of the projects..._I have been involved in:... Rebuilding and reroofing in Dade County, Florida Sept. 1992 to Feb. 1993 (after Hurricane Andrew). Finish Carpenter on the restoration of the Bi.ltrnore Hotel in Coral Gables, FL (a national historic landmark) As istant Foreman on the conversion a 17 story hotel into offices for DWG Corp. of Miami Carpenter, timber -frame building for the U.S. Forestry Service at Cape Canaveral National Wildlife Refuge ,,,,. Forrn Carpenter and Steel - Worker, Visitor's Center, Cape Kennedy, FL r�b/ 7/ CITY OF EDGEWATER . ` ch 104 N. RIVERSIDE DRIVE ':- P,0. Box 100 - Edgewater, Florida 32132 -0100 (�,� S � � r - (904)428-3245, . SunCom 371. 7005 V t /( % ° •b o APPLICATION FOR APPOINTMENT TO CITY BOARDS, AGENCIES OR COMMITTEES 3 I� t� 4,s, NAME rr� �� /L1 - �i�u�-!fC!�� S l� \n kre5,4-e 1 y4 ADDRES �Z TZ A/C 7/2�� a.P1 u� STS c I %�! HOME PHONE 2 6- oo 7 BUSINESS PHONE 4 y5 OCCUPATION T�uRifiE VA/ At A) P�um, C. ' R 0 k / eo j r/o /4s,4 7 Are you a resident of Edgewater < How long / Is your principal place of employment in Edgewater? //o if yes how long? Briefly state your interest in serving on a City board, agency or committee: /.��/ / # TF A-764)-7/,1 c 4F miriu, 7 y -fir/ %r 7 O Z7 7 /tiS4,' E Soup -d c o,vo, /c lr/z otv7H f� 777/E / 7u,c 4u5e G G /7/ 2_6NX 4t A- 7 70 h OtHee /j S #/Ob %TEy a.v�IE E fru,ed.umFiv7 PCX- /17 co ,t)e, / /0 , Are you a registered voter? YES Do you hold public office? /v° Are you employed by the City? /Vv At the present time, do you serve on any other Boards, Agencies, or committees? /!�'° If so, list each: Have you ever served on any boards, agencies, or committees? !AD If so, list each: (BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER __ BEAUTIFICATION & TREE COMM. / X BUILDING TRADES REGULATORY & APPEALS BOARD CITIZENS COUNCIL ADV. COMM. PLEASE INCLUDE RESUME ^ CITIZEN CODE ENFORCEMENT BOARD FIRE PENSION BOARD GEIIERAL EMPLOYEES PENSION INDUSTRIAL DEVELOPMENT 2- X LAND DEVELOPMENT & REG. AGENCY LIBRARY BOARD POLICE PENSION BOARD PARKS AND RECREATION BOARD VETERANS PARK ADV. COMMITTEE SENIOR AD HOC OMMITTEEE '.. SIGNATURE /(/./ X? „Li/2_ , DATE: ** SEE REVERSE SIDE FOR LISTING OF BOARDS, AGENCIES AND COMMITTEES ** / � �. 7/-9g 1.7 02- 01- 95411 RC VD iftr APPLICATION FOR APPOINTMENT TO CITY BOARDS, AGENCIES OR COMMITTEES NAME Scott R. Clark ADDRESS 2021 Umbrella Tree Dr. W S4r'"I G+ c�Z HOME PHONE 423 -3555 BUSINESS PHONE same OCCUPATION Certified Residential Contractor Are you a resident of Edgewater yes How tong 8yrs Is your principal place of employment in Edgewater? yes if yes how long? 10yrs- Briefly state your interest in serving on a City board, agency or committee: the future direction and expansion of any community is relative to the involvment of its citizens. Now Are you a registered voter? yes Do you hold public office? no Are you employed by the City? no At the present time, do you serve on any other Boards, Agencies, or committees? no If so, list each: Have you ever served on any boards, agencies, or committees? yes If so, list each: Equity study Commission • (BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER BEAUTIFICATION & TREE COMM. X CONSTRUCTION REGULATION BOARD CITIZENS CODE ENFORCEMENT FIRE PENSION BOARD GENERAL EMPLOYEES PENSION ECONOMIC DEVELOPMENT LAND DEVELOPMENT & REG. AGENCY LIBRARY BOARD POLICE PENSION BOARD PARKS AND RECREATION BOARD VETERANS PARK ADV. COMMITTEE SENIOR AD HOC COMMITTEE 411110. SIGNATURE -1 / DATE: 3/ 9.s ** SEE REVERSE SIDE FOR LISTING OF BOARDS, AGENCIES AND COMMITTEES ** 05 -03 -96 P02 :44 #1 Ads?` a` _47e72-` I /741 JJ /2 . . 0130-95A11 :20 RCVD °--j 'oilar To; Clty of E,:i.;_.;ewa:t,E--L, FloIla NayoL J. Hayman, Councli Eember.z. t :fionstIaction ":= Cla: *411.9 . ■ 44400' 05 -I5- bP12:40 RCVL, I I APPLICATION FOR APPOINTMENT TO CITY Now BOARDS, AGENCIES OR COMMITTEES NAME / 4 ; 4 4 ( ( ADDRESS ,2X/Sf /�./l/e> Via.K 42r -'� 64 � � 7e �c 174. HOME PHONE 4'2 ''' t `o 7 BUSINESS PHONE 8b0- 90/- / / OCCUPATION Coelt" re,.CP"ar SI 7 P_r t/ y rS C " -" 115) Are you a resident of Edgewater 4/es How long S Is your principal place of employment in Edgewater? /I/ if yes how long? Briefly state your interest in serving on a City board, agency or committee: 4 /14 4 c u/� a r , �i e c **1 cz 'fere / /eaca.4. Sc.`ie R.. A61 /3-o 9' t-- ess CI J / ros r"a k.S *OW � f '1 "t-o r /04.5 cwi 7_ e r1 c OA, Nereit Are you a registered voter? /vG Do you hold public office? #O Are you employed by the City? A At the present time, do you serve on any other Boards, Agencies, or committees? /Ye. If so, list each: Have you ever served on any boards, agencies, or committees? .45 If so, list each: /� // �� Oro wa rc Lail a04 G` r 6e0I�ae- ,fir r,j (BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER BEAUTIFICATION & TREE COMM. CONSTRUCTION REGULATION L/ BOARD CITIZENS CODE ENFORCEMENT FIRE PENSION BOARD GENERAL EMPLOYEES PENSION 3 ECONOMIC DEVELOPMENT 2 LAND DEVELOPMENT & REG. AGENCY LIBRARY BOARD POLICE PENSION BOARD PARKS AND RECREATION BOARD VETERANS PARK ADV. COMMITTEE SENIOR AD HO SIGNATURE 00 DATE: S = ** SEE REVERSE SIDE FOR LISTING OF BOARDS, AGENCIES AND COMMITTEES ** yvtJrte,Zd 10 17 ooR22-63-L,7DL THE CITY OF EDGEWATER POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100 APPLICATION FOR APPOINTMENT TO CITY ... BOARDS, AGENCIES OR COMMITTEES _ r. i 4 NAME (-2 ,Idif, dr ADDRESS3 '.5 - r - CtrvYLO AAA1 d g- _ „, k . HOME PHONE 9 q / - 0 - 26 - " 61(') BUS INE SS PHONE /11' ,, k OCCUPATION oc :-'• 44 7! Are you a resident of Edgewater ./2.- How long Is your principal place of employment in Edgewater? / if yes how long? -. -' Briefly state your interest in serving on a City board, agency or committee: 2 1 P 6 Ci- ei 0 5 e ,.- -/• 1 4 % i 4 1 tAA-P- Ael ..4 '6 e.. e,,..,,,,) , N., r Are you a registered voter? • - ' Do you hold public office? 22() Are youemployediby,', the Cit At thelpresent time, do you serve on any other Boards, Agencies, or committees? ??...0/ -- - If so, list each: — , w„.„ A,, v - 4 Have ' yon.ever, served on any boards, agencies, or committees? If so, list each: (BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER ANIMAL CONTROL BOARD .. c . CONSTRUCTION REGULATION / BOARD / CITIZENS CODE ENFORCEMENT 1 , , 1 e ' FIRE PENSION BOARD Z; GENERAL EMPLOYEES PENSION • )1 y ' 4 ! ECONOMIC DEVELOPMENT 3 LAND DEVELOPMENT & REG. AGENCY I, ' - 7 LIBRARY BOARD 7 POLICE PENSION BOARD . r , , . La PARKS AND RECREATION BOARD fa.VETERANS PARK ADV. COMMITTEE • / / SENIOR AD HOC COMMITTEE SIGNATURE ge / 6 P DATE: c_l 6 //?? ** SEE REVERSE SIDE FOR LISTING OF BOARDS, AGENCIES AND COMMITTEES** D l' HE CITY OF EDGEWATER JAN 1 4 $STOFFICEBOX1O0-EDGEWATER, FLORIDA 32132 -0100 BLDG. DIVISION APPLICATION FOR APPOINTMENT TO CITY BOARDS, AGENCIES OR COMMITTEES NAME G rr /& ADDRESS 2/ DL/ L t,. - q ( /r?- < r : p0, /,•2 District �'� t� (Staff will supply district number) HOME PHONE 5 0 `'l ` « - / 7�9 BUSINESS PHONE c4 2 1 // OCCUPAT ION 4 ✓'/ Are you a resident of Edgewater How long r`y /9' is your principal place of employment in Edgewater ?ji�i if yes how long? , V Briefly state your interest in serving on a City board, / agency or committee: c 1 �� /ice.�c q. ( ' 'y � c - FI P i 7( l c v e p97/-1 vGt Now State your experience /qualifications 4 4 / •.( / s c 94- /92/ Are you a registered voter? Are you employed by the City? Do you hold public office? /JO At the present time, do you serve on any other Boards, Agencies, or committees? /) 6 If so, list each: Have you ever served on any boards, agencies, or committees If so, list each: (BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU WOULD LIRE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER ANIMAL CONTROL BOARD GENERAL EMPLOYEES PENSION BOARD BEAUTIFICATION & TREE COMMITTEE LAND DEVELOPMENT & REG. AGENCY CITIZEN CODE ENFORCEMENT BOARD LIBRARY BOARD 1 CONSTRUCTION REGULATION BOARD PARKS & RECREATION BOARD ECONOMIC DEVELOPMENT BOARD POLICE PENSION BOARD FIREFIGHTERS P SION BOAR /// VETERANS PARK ADV. COMMITTEE wr SIGNATURE =-i DATE: ** SEE REVERSE SIDE FO LI TING •� , = •ARDS, AGENCIES AND COMMITTEES** (REV 10- 30-97) "'5 .C4 AGENDA REQUEST Date: April 12, 1999 PUBLIC HEARING RESOLUTIONS ORDINANCE Now OTHER CONSENT BUSINESS April 19, 1999 CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: Request for the paving of Pelican Place. BACKGROUND: Many residents of Pelican Place have consistently inquired about the paving of their street. Attached is a petition sent to the City on April 27, 1998, from those residents requesting paving Pelican Place. At that time, the residents were willing to pay 2/3 of the project costs, with the City paying 1/3. Estimated paving costs have also been attached. Funds were not allocated in the fiscal year 1998/99 budget for this project. RECOMMENDATION /CONCLUSION: Staff is requesting approval from the City Council to proceed with the design and implementation of a Road Improvement District. FUNDS AVAILABLE: (ACCOUNT NUMBER) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, 9f !w ‘0•■••• Kenn -th R. Hooper City Manager :ejm Attachment c:\agendare \pelican.p19 fi eCkith- PET!T1ON MAY / 1 1998 t I (,) Capii&A - ' 14 14Cief i 'try C!TlIerIS of Eddewater and s nor vrierS On Pelican Place d bet the clt ;-, council members o Fdiqewater to Dave our , -;treet . ChE anu nave read esornazeu Cu.spzir: privy de r•:anac:er, veyin Crate and Kyle Fegley, City Fnqineer and do under 7 :7.ani. that T.nese are brovided as a r2reliminary stUdy for our ne:: it to irlf;.Drrned decision or this oetition drinie Forlt I H. Pelican Place f e 0 n t 71‘040)4 `C Lr 1V r \ ley The000re 3weeney Nom, Neded 42/41.111/y4 / 1 II et le NeL d ‘e ...•111 , k 04, 11P.A,Ek C•Sk..A./41 Nr4 VIP • -. , F rlca .3teven Ci (pser.) one Hamilton PHki p H:- P'; e (id -54 - Rita i:3arrett ) (zei L f L/ 1 5 - 4 - iThar es. 3-inort Dve (-5,W)719/._4t.;Air0 e C r 0 I 1 • r ...U1 7( (it L vC tt 04/16/98 City of Edgewater - Street Paving Project 1998 1 Estimated Project Cost: $42,620 assessment District Share 2/3 28,413 City Share 1/3 14,207 Lineal Feet: 710 Assessable Lineal Feet: 1420 Assessment Per Lineal Foot: $20.01 Financing: Frontage Avg. - Assessment: 100 $2,001.00 Annual Interest Rate: 6.44% Payment Period (Years): 15 Annual Payments: $211.99 Pmt Interest Principal Balance 1 211.99 128.86 83.13 1917.87 2 211.99 123.51 88.48 1829.39 3 211.99 117.81 94.18 1735.21 4 211.99 111.75 100.24 1634.97 5 211.99 105.29 106.7 1528.27 6 211.99 98.42 113.57 1414.7 ,,,,, 7 211.99 91.11 120.88 1293.82 8 211.99 83.32 128.67 1165.15 9 211.99 75.04 136.95 1028.2 10 211.99 66.22 145.77 882.43 11 211.99 56.83 155.16 727.27 12 211.99 46.84 165.15 562.12 13 211.99 36.2 175.79 386.33 14 211.99 24.88 187.11 199.22 15 211.99 12.77 199.22 (0.00) 3,179.85 1,178.85 2,001.00 Assessments may be paid off without interest within 30 days of a date certain. Those assessments not paid off within 30 days will accrue 6.44% simple interest from date certain and make 15 equal annual payments starting 12 months after date certain. Payment of the outstanding principal, plus accrued interest through the end of the payment month, will pay off the assessment at any time. Monthly Assessments will be billed annually - monthly payments can not be accommodated. PI\nN(QR WK4 SHANGRI -LA VILLAGE HOMEOWNERS ASSOCIATION EDGEWA TER, FLORIDA APRIL 12, 1999 City Council 104 N. Riverside Dr. P.O. Box 100 Edgewater, FL 32132 -0100 Dear Council Members: We read with interest the article of April 8 in the New Journal regarding the beautification of the firehouse property, which is an excellent idea. But the property across from the firehouse is a complete eyesore, trucks, boats, whatever and it has been this way for years. As of late we now have a semi parking in the vacant bank lot next to the entrance of Shangri -La Village, is this to be an additional parking area of semi- trucks? Rt. 1 is the main route through Edgewater it reflects on the city of Edgewater as a whole. Isn't there something that can be done about these areas? Sincerely, Board of Directors Shangri -La Village Homeowners Association