01-11-1999
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Votina Order
Councilman Hammond
Councilman Roberts
Councilwoman Lichter
Mayor Allman
Councilman Gornto
AGENDA
CITY COUNCIL OF EDGEWATER
REGULAR MEETING
January 11, 1999
7:00 p.m.
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE
2. PRESENTATIONS
A. Introduction of Greg Wood, new Executive Director of Volusia Council
of Governments (VCOG)
3. APPROVAL OF MINUTES
A. Regular meeting of December 7, 1998
B. Regular meeting of December 21, 1998
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. First Reading, Ord. No. 99-0-03, amending Chapter 9 of the Land
Development Code.
B. First Reading, Ord. No. 99-0-04, repealing Ordinance Numbers 90-0-
27, 94-0-11 and 95-0-13 and thereby amending and restating the
Firefighters' Pension Plan.
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. Payment of Lien - Satisfaction of lot clearing lien (collected $83.08).
B. Payment of Liens - Satisfaction of three special assessment (paving)
liens (collected a total of $1,485.06).
C. Donation - Donation of surplus City cellular phones to stalking victims
and victim's of domestic violence.
Continued on page 2
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City Council of Edgewater
January 11, 1999
Page -2-
8. OTHER BUSINESS
A. Solicitation - Florida Family Restoration Center seeking City support
(monetarily or domestic items) of a temporary residence for
displaced women and children. (Continued from December 7,
1998)
8. Consulting Engineering Contracts - Recommending approval of
contract negotiations with Boyle Engineering, Honeycutt/PEC
Team and Quentin L. Hampton Associates for various projects.
9. OFFICER REPORTS
A. City Clerk
8. City Attorney
C. City Manager
1) Review Ord. No. 99-0-01, repealing Section 14.54.1
(Establishment of Edgewater Beautification and Tree
Committee) and Ord. No. 99-0-02, amending Section 12.5-11
(Created), Section 12.5-12 (Membership) and Section 12.5-13
(Duties) of Article II (Parks and Recreations Board).
2) Acceptance of the Charter Review Committee report.
3) Reschedule/cancel the February 15, 1999, Council meeting
due to President's Day holiday.
10. GENERAL CITIZEN COMMENTS/CORRESPONDENCE
11. ADJOURN.
Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter
considered at a meeting or hearing, that individual will need a record of the proceedings and will need to 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.
c:\agenda\011199.reg
\ EDGEWATER
What does Edgewater have to offer?
We do not have any Main Street
We do not have a shopping area
We do not have a movie theatre
We do not have any beauty...We must clean up and act.
1. Entrance from 1- 95....We must notify the State Dept. of
Transportation to beautify the median with trees and shrubs,
welcoming people to Edgewater.
2. Those unsightly trucks parked near the gas station must he
stopped. If they are allowed to park there, then it should
be paved and fenced in. The Chevron station should be noti-
fied to beautify.
3. The grass on both sides of Rt. 442 should be cut more often
and maintained by the State.
4. Indian River Blvd. should also be beautified with shrubs and
flowering trees.
5. We mentioned Main Street....Well, Indian River Blvd. from the
tracks east to U.S. 1 can become our Main Street. We can rtiake
this section of Edgewater our shopping place with nice small
boutiques, etc. The library, a beautiful building, if moved
to New Smyrna Beach, to become a regional library. This build-
ing can be used for the seat of Government by moving City Hall
there, the center of Edgewater. Just vision coming into Edge-
water along beautiful Indian River Blvd., crossing the tracks
and there's Main Street Edgewater, with City Hall, shops, etc.
(This is beautiful Edgewater.)
4
6. Fountain...Vision a water fountain east of Rt. 1, Ridgewood
Ave., at the entrance to Riverside Drive, between First Union
Bank and Citgo Gas Station, with water flowing, and lighted
at night, with a Welcome to Edgewater sign at the base with a
brick walkway around it.
7. Planting trees and shrubs along Ridgewood median, asking the
businesses on each side of Ridgewood to adopt the median in
front of their business along the length of Ridgewood Ave.
8. We must do something with the old buildings along Ridgewood
Ave. Notify the owners to either clean it up or tear it
down. Also to beautify their parking lots and keep them
clean. If all of us swept the fronts of our property, all
the world would be a clean place.
Lets give our citizens a city to be proud of...a city that a
stranger can say "Edgewater...what a beautiful place." nqS
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UllI u L'Ub L'IYl11ii
BEAUTIFICATION & TREE COMMITTEE
MAY 9, 1995
7:00 P.M.
CITY HALL CONFERENCE ROOM
MINUTES
ROLL CALL /CALL TO ORDER:
Chairman Ver Way called the regular meeting of the Beautification
&.Tree Committee to order at 7:10 p.m. in the City Hall
Conference Room.
Members present were: Chairman Felicia Ver Way, Kathleen
Spellman, and Linda Sullivan. Connie Newcomb was excused. Sandy
Ruggles was absent. Also present was Lisa Kruckmeyer, Recording
Secretary.
APPROVAL CT MINUTES:
Regular Meeting of April 11, 1995
Ms. Sullivan made a motion to approve the April. 1 1995 minutes,
second by Ms. Spellman. The motion CARRIED 3 -0.
OLD BUSINESS:
There was no old business to discuss.
Chairman Ver Way spoke about her conversation with Mr. Schapel
and Roger Smith from DOT. She informed the Committee she still
was not informed of the type of trees the City can put in the
medians.
Chairman Ver Way informed the Committee she was waiting for a
copy of the old and new DOT regulations.
There was a discussion regarding every city along U.S. #1 having
trees in their medians except Edgewater and the residents
expressing concern about this.
Chairman Ver Way commented on having a discussion with Council in
October.
The Committee discussed adjourning for the summer. It was
decided they would meet again in September.
The Committee discussed attending a meeting with the Council in
October and holding the Arbor Day Celebration in November.
Ms. Sullivan asked if the City would be upset if there was no
longer a Tree City U.S.A. She feels the City can't be considered
a Tree City if there aren't any trees being planted.
Chairman Ver Way spoke about Mike Akam submitting a bid to Mr.
Corder regarding maintaining the medians.
Chairman Ver Way asked that a memo be sent to Mrs. Johnson,
Assistant Utilities Director regarding the water in the medians
on U.S #1 not being reclaimed water. She asked why regular City
water is in the medians when it was supposed to be hooked up to
reclaimed water. She feels that is a waste of money paying a
large water bill when the City is encouraging everyone to use
reclaimed water.
Ms. Sullivan mentioned the Parks and Recreation Director being
apprehensive about using the water due to the high cost.
Chairman Ver Way added this is going to undermine future
beautification projects. What can be done about this?
CITY OF EDGEWATER
BEAUTIFICATION & TREE COMMITTEE
FEBRUARY 13, 1996 3
7:00 P.M.
CITY HALL CONFERENCE ROOM
�II�LtJ�L S
CALL TO ORDER /ROLL CALL;
Chairman Ver Way called the Regular Meeting of the Beautification
and Tree Committee to order at 7:06 p.m. in the City Hall
Conference Room.
Members present were: Chairman Felicia Ver Way, Linda Sullivan,
and Gail Wells. Dan Lewis was absent.! Mike Visconti was
excused. Also present was Recording Secretary, Lisa Kruckmeyer.
APPROVAL OF MINUTES:
Regular Meeting of January 9, 1996
Due to there not being a member to second a motion, the Committee
decided to include it on the next meeting's agenda.
Welcome New Member - Gail Wells
Chairman Ver Way welcomed the new Committee member, Gail Wells.
Ms. Wells informed the Committee of how she became interested in
beautification. She commented on the barbed wire fence the City
wanted to put around the lift stations. She spoke about the City
not being allowed to put barbed wire fences in residential
neighborhoods.
Ms. Sullivan spoke about the problems she had with getting her
road paved such as her sprinkler system and having to relocate
plants.
Ms. Wells spoke about the increase in cost to have Floratam grass
put in her yard instead of Bahia.
Thd Committee discussed having to contact T. N. Grassing in order
to get Floratam grass instead of Bahia.
Chairman Ver Way spoke about the replacement of Dan Lewis due to
his lack of interest in participating on the Committee. She
asked that a letter be sent to him informing him of his automatic
resignation from the Committee due to the fact he missed three
meetings in a row.
Chairman Ver Way explained to Ms. Wells the pictures of eyesores
on U.S. #1 and the medians in Titusville.
There was a discussion regarding codes and something needing to
be done about getting the eyesores cleaned up.
Chairman Ver Way asked that Ms. Wells have a copy of the
Committee by - laws at the next meeting.
Chairman Ver Way asked that a memo be sent to the Code
Enforcement Officer regarding the motel on U.S. #1 across from
Magic Market. She asked to please include the picture but asked
also that it be returned.
Ms. Wells spoke about in another City, where her brother lives, a
piece of property can not be sold unless it is up to code.
L�
CITY OF EDGEWATER ADVISORY BOARDS
1995 UPDATED
BEAUTIFICATION COMMITTEE
5 MEMBERS, MEETING: 2ND TUESDAY
(3 YEAR TERMS)
CONNIE NEWCOMB �� =s r �I r'r>
2314 YULE TREE DR. — 426 -0824 H AUG 6, 1995
MICHAEL L. VISCONTI 427 -99 H OCT 13, 1996
316 PINE BREEZE DR. s11
SANDRA RUGGLES r_ S r G ti t 427 -8577 H JUNE 6, 1997
2212 SILVER PALM
LINDA ANN SULLIVAN 'ics,G. 428 -0140 II SEP 20, 1996
3327 MANGO TREE DR. 427 -3472 (3891)
FELICIA VER WAY R F S r <1 - 7 0 427 -4504 II AUG 1, 1997
2310 YULE TREE
BICYCLE /PEDES'T'RIAN ADVISORY COMMITTEE
(ESTABLISHED MAY 4, 1992)
JACK CORDER 424 -2485 W
2620 ORANGE TREE
DONALD A. SCHMIDT 423 -0585 H
1723 LIME TREE DR.
LOUISE MARTIN 428 -4097 H
1409 S. RIVERSIDE DR.
KIRK JONES 427 -5697 H
428 PERDITA 423 -8427 W
MARK KARET 424 -2414 W
rcv 8 -22 -95
1
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MEMORANDUM
DATE: April 25, 1996
TO: Felicia Ver Way, Chairperson
Beautification & Tree Committee
FROM: Beverly Kinney - Johnson
Code Enforcement Officer
VIA: Mark P..Karet, Directo
Community Development,.
SUBJECT: Eyesores along
We have attached a cdpx of a rnemp'from Bob Dunn, Butlding Officrnl, whiel will give you an
update on several properties your comtnittee has `discussed in the past I3ckn is a brief
summary on the rest of the properties about which yogi committee asked.
1. 1 7075 Ridgewood Avenue `
k .:' {.Y• We have cited the property ,owner for weeds. ,yVc noted no code violations
during onr. :inspection tit have referred possible structural problems to Bob
Dunn for rras action artd a I'd riate action.
2. 107 E. Park Avcnrte
We have cited the property owner for Weeds and construction /demolition debris
on tbie property The City recently adopted a new ordinance regarding vehicles
going into effect ori; <Jtane 1, 1996. We will deal with the vehicle at that time.
We have referrcd<this to Bob Dunn for inspection and action regarding structural
problems`
3. 127 W. Park Avenue:
The Edgewater Fire Department did a "control burn" on this vacant structure.
They burned it on April 14, 1996.
•
Eyesores along U.S. fil
Page 2
4. 322 N. Ridgewood Avenue:
The only problems observed were possibly structural. We have referred this
to Bob Dunn for inspection and appropriate action.
5. 220 N. Ridgewood Avenue:
First Federal Savings and Loan fojeclosed on this property and recently sold it.
We have been able to have the stricture secured.' Any possible structural
problems have been referred to Bob Dunn for inspection and appropriate action.
6. 3203 Vista Palm Drive:
We left a courtesy notice on tlie:Property'alloing 10 May (, 1996) to
remove buckets, hirnber, 55 drums, A/Cslielland debris,
and to reloCate theR.V...toAlie'i;Sicle or rear yard, behind e front dwelling
line.
In the fditireliMay be advisable to rcfr structural questions to: As the City's
Builditig Official. he is anthorf7ed to 00Iff? rm the required inspection and take the necessary
action whetilt comes td 'unsafe buildittgOatement, /:•••
If we can be of further assistance, please 1e1 us know. \•\'e will be happy to answer any questions
you may have.
a: bev\cyesores btc .. ,
B W
THE CITY OF EDGEWATE]?
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.�■�;o POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100
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TO: Brenda Johnson, Assistant Director of Utilities
FROM: Felicia Ver Way, Chairman, Beautification & Tree Committee
DATE: September 5, 1995
SUBJECT: Water in Medians
At the May 9, 1995 meeting of the Beautification & Tree
Committee, the subject of the water in the medians not being
reclaimed water was discussed.
Why is regular City water being used to irrigate the medians when
reclaimed water was supposed to be used? This is a waste of
money for the City to be paying such a large water bill,
especially when the City is encouraging everyone to use reclaimed
water.
Because of the large cost being paid monthly for water bills, Mr.
Corder is very apprehensive about using the water. Due to this
problem, future beautification projects of the City will be
undermined.
If you have any suggestions on what, if anything, can be done
about this, please let me know before our September 12th meeting.
A response would be greatly appreciated.
: THE CITY OF .E , e
POST OFFICE BOX 100- EDGEWATER, FLORIDA 32132 -0100
•
Mayor Jack H. Hayman City Manager George E. McMahon
District 1 Councilman Danny K. Hatfield City Attorney Kriata 4. Storey
District 2 Councilwoman Loi ise 4. Martin City Clerk Susan J. Wadsworth
District 3 Councilman Michael D. Nays' •
•
Distrtct 4 Councilman David L Mltchunt
PUBLIC NOTICE
•
• CITY OF EDGEWATER
BEAUTIFICATION & TREE COMMITTEE
JULY 2, 1996
SPECIAL MEETING
7:00 P.M.
•
The Beautification & Tree Committee will hold a Special Meeting
- - on July 2, 19.96 at 7:00.p.m. for the purpose of discussing the
• Master Plan to be presented to Council.
•
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PROPOSED FOUNTAIN
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LOCATION:
ENTERCETION OF S. RIDGEWOOD AVE.
AND EAST INDIAN RIVER .BETWEEN
FIRST UNION BANK AND CITCO GAS
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THE, CITY OF EDGEWATER
POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132 -0100
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CITY OF EDGEWATER
BEAUTIFICATION & TREE COMMITTEE
APRIL 14, 1998
7:00 P.M.
CITY HALL CONFERENCE ROOM
AG Ez NDA
CALL TO ORDER /ROLL CALL
APPROVAL OF MINUTES March 10, 1998
OLD BUSINESS Master Plan
North & South Entrance of City 4
Beautification Award Procedure Q
NEW BUSINESS
MISCELLANEOUS
ADJOURNMENT
CITY OF EDGEWATER
BEAUTIFICATION & TREE COMMITTEE "
MAY 12, 1998
7:00 P.M.
CITY HALL CONFERENCE ROOM 1
MINUTES
CALL TO ORDER /ROLL CALL
Chairman Visconti called the Regular Meeting to order at 7:00
p.m: in the City Hall Conference Room.
Members present were: Michael Visconti, Michael Tanksley, Patrick
Conway and Rose Hoffman. Eleanor German was not present. Also
present were Parks and Recreation Director Jack Corder and
Recording Secretary Lisa Kruckmeyer.
APPROVAL OF MINUTES
:-• v -- 11 • v. • ••:
Mr. Tanksley made a motion to approve the March 10, 1998 minutes,
second by Ms. Hoffman. The motion CARRIED 4 -0.
OLD BUSINESS
Master Plan
North & South Entrance of City
Mr. Corder informed the Committee City Manager Grace would like
to put their plans for the first two medians on the north end of
U.S. #1 on the June 1st agenda to go before Council.
Mr. Corder presented the Committee with drawings of the medians
and asked them to come up with what kind of trees and plants they
would like to see put in the medians.
Mr. Corder stated City Manager Grace is suggesting planting plans
and mulching the whole island. Mr. Corder feels they need to
place the sign in the first median.
There was a brief discussion regarding the width of the medians.
The Committee went on to discuss the Welcome to Edgewater sign.
Mr. Corder informed the Committee they are going to try and get
money from the Chamber of Commerce to help pay for the signs.
The'cost estimate, given by Ridner Signs, sandblasted is $765.00.
There was discussion regarding changing the font on the sign by
making Edgewater larger than the other words or putting Edgewater
in a script font. The Committee went on to discuss colors for
the signs.
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RIDNER SIGNS
428 -8649
AGENDA REQUEST
C.A. NO.: 99 -005
Date: January 6, 1999
PUBLIC
HEARING RESOLUTION ORDINANCE 01/11/99
OTHER
CONSENT BUSINESS CORRESPONDENCE
ITEM DESCRIPTION /SUBJECT:
First Reading - Ordinance No. 99 -0 -03 - Amending Chapter 9 of the Land Development Code
BACKGROUND:
In 1996, the City entered into an Interlocal Agreement with the County of Volusia establishing and
adopting the Unified Building Codes. In January 1998, the Unified Code Committee adopted
Uniform Building Code Proposed Amendments.
',,.r Ordinance No. 99 -0 -03, amends Chapter 9 of the Land Development Code by incorporating the
Unified Building Codes of 1996 and the Uniform Building Code Proposed Amendments of 1998 and
updating Section 902. (Amendments to the National Electric Code.
BUDGETARY IMPACT: None
RECOMMENDATION /CONCLUSION:
Staff recommends that City Council consider approval of Ordinance No. 99 -0 -03 at first reading.
FUNDS AVAILABLE: (ACCOUNT NUMBER)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO X
DATE: AGENDA ITEM NO.
tow Respectfully submitted, Concurrence:
►� ermis Fisch r Kennet R. Hooper
: uilding Director City Manager
u/(.
Nikki Clayton
City Attorney
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•
•
ORDINANCE NO. 99-0-03
AN ORDINANCE OF THE CITY COUNCIL OF EDGEWATER, FLORIDA,
AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF
EDGEWATER, FLORIDA BY UPDATING AND AMENDING CHAPTER 9
(CONSTRUCTION AND TECHNICAL CO DES) TO INCLUDE THE
UNIFIED BUILDING CODE (ADOPTED IN 1996) AND THE UNIFORM
BUILDING CODE PROPOSED AMENDMENTS OF; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. On November 7, 1994, City Council adopted the administrative portion of the Land
Development Code, which consisted of Chapters 1 through 10.
2. On March 4, 1996, Council approved the Interlocal Agreement establishing and adopting
err, the Unified Building Codes within Volusia County. The intent of the Agreement is to promote
uniformity among the cities and county by eliminating differences in the code in an effort to benefit
contractors who work in multiple jurisdictions.
3. The City is desirous of updating Chapter 9 (Construction and Technical Codes) of the
Land Development Codes to correspond with the latest requirements of the Unified Standard
Building Codes.
4. The adoption and enforcement of an up -dated code is necessary to protect the health,
safety and welfare of the citizens of Edgewater and to encourage economic development within the
City.
Struck hretrgh passages are deleted.
Underlined passages are added.
99 -0 -03 1
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida:
PART A. AMENDMENT OF CHAPTER 9 (CONSTRUCTION AND
TECHNICAL CODES) OF THE LAND DEVELOPMENT
CODE OF THE CITY OF EDGEWATER, FLORIDA.
Chapter 9 (Construction and Technical Codes) of the Land Development Code of the
City of Edgewater, Florida, adopted pursuant to Ordinance No. 94 -0 -26 is hereby
amended as set forth in Exhibit "A" which is attached hereto and incorporated by
reference.
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 extend 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
low
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 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.
`hr►
St__ augh passages are deleted.
Underlined passages are added.
99 -0 -03 2
PART E. EFFECTIVE DATE
This Ordinance shall take place upon adoption.
PART F. ADOPTION
After Motion by and Second by , the vote on the first
reading of this ordinance held on , 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
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
*ow
passages are deleted.
Underlined passages are added.
99 -0 -03 3
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
City Attorney
Straele- threitgh passages are deleted.
Underlined passages are added.
99 -0 -03 4
EXHIBIT "A"
CHAPTER 9
CONSTRUCTION AND TECHNICAL CODES
Nixie Section 901. Technical Codes Adopted
The following technical codes regulating various aspects of construction and reconstruction
of buildings and other specialties are hereby adopted by reference as the codes of the City
of Edgewater:
A. Unified Construction/Building Codes, prepared by: Unified Code Committee,
Volusia County, Florida and adopted by Interlocal Agreement approved by City
Council on March 4, 1996
B. Uniform Building Code, Proposed Amendments, as adopted by the Unified Code
Committee on January 15, 1998
A. Standard Amusement Device Codc, 1985 Edition
11 Standard Building Code, 1994 1997 Edition including Appendix A,C,D,G,H,J,K,L
and M
D G. Standard Existing Building Code, 1988 Edition with 1991 through 1994 Revisions
E 19. Standard Fire Prevention Code, 1994 1997 Edition
F E. Standard Gas Code, 1994 1997 Edition
G E. Standard Housing Code, -1 -941. 1994 Edition
H G. Standard Mechanical Code, 1994 1997 Edition
I H. Standard Plumbing Code, 1994 1997 Edition
J I. Standard Swimming Pool Code, 1991 Edition with 1993 and 1994 Revisions 1997
Edition
K J. Standard Unsafe Building Abatement Code, 1985 Edition
L K. National Electric Code, -I993 1996 Edition
M L. NFPA Life Safety Code 101, 4992 1997 Edition
M. Onc and Two Family Dwelling Codc
A copy of each code shall be filed in the office of the Building Official and shall be available
for public inspection during the regular hours of business of such office.
Section 902. Amendments to the National Electrical Code
The National Electrical Codc, 1993 Edition, is hcrcby amcndcd as follows:
lkor
(code \chapter.9)
Amended as of January, 1999
passages are deleted.
Underlined passages are added. 9 -1
A. Electric Service; Rating of Disconnect. The scrvicc disconnecting means shall have
' B. BX Cable. BX Cablc shall not bc uscd in the City.
C. Overhead Conduit; Main Connectors; Service Sizes in Residences. All scrvicc wires
from thc scrvicc hcad to thc approved means of main disconncct. Conduit of • : . - - - - :: - : -, - -- ' : - -, -- - .5 • :: �:- : .. '- - . :- - - : -:•' -: --
typc.
D. Panels. All panels shall havc onc double polc spare spacc and two (2) single pole
sparc spaccs or shall not bc over cighty (80) per cent full. (Acccss to thc pancl for
utilization of these spaccs shall bc provided by onc inch or largcr cmpty raccway to
% No pancl will bc permitted in bathrooms or closcts. EMT may bc uscd insidc of
undcr concrctc.
E. Wiring for Public Garages, etc.; Miscellaneous Rules. All buildings othcr than
- --
F. Ceiling Fans, New Fib es. Ceiling fans must bc mounted with thc blades at lcast
, .
(code \chapter.9)
Amended as of January, 1999
passages are deleted.
Underlined passages are added. 9 -2
--
-- - --
A H. Signs.
1. Neon signs, electric signs or any type of electrical decorative advertising
medium may be installed by a journeyman electrician or neon serviceman
under the supervision of a master electrician. This shall not be construed to
mean that the structural supporting frame of a sign cannot be erected by a
qualified general contractor.
2. A separate sign circuit shall be installed in all store or public buildings (new
or remodeled). A disconnect, safety switch or circuit breaker shall be located
in the line to any outdoor sign at the sign location and be weatherproofed if
exposed to the weather. A receptacle shall be installed in the ceiling directly
over the show window and on a separate circuit.
3. Sign transformers shall not be placed in unfinished attic spaces. Drain holes
shall be provided in metal transformer boxes. When transformer boxes are
exposed to the weather they shall be reamed or otherwise trimmed to remove
burrs on the rims that would hold water in the enclosure. If mounted on the
roof, the transformer enclosure shall be elevated at least two (2) inches above
the roof. Wood shall not be used to mount or elevate the transformer
enclosure. The transformer shall be rigidly fastened to the metal enclosure.
4. All neon signs must have a ground which is common (by copper conductor)
with the ground of the supplying system.
5. Neon signs may be inspected and approved by the electrical inspector before
the sign is erected. A sign may be inspected after erection, provided safe and
adequate means are provided for the inspector to inspect the sign.
Grounding of Receptacles. All receptacles shall bc of the groundcd typc.
J. Construction Power. Construction powcr shall bc a minimum of sixty (60) amps,
`iwrr
(code \chapter.9)
Amended as of January, 1999
passages are deleted.
Underlined passages are added. 9 -3
two hundred twenty (220) volts and shall providc one fifty (1 -50) amp thrce-wire,
-. ; ••-- • - • . :: - : --
hundred -ten -volt, threo-wirc rcccptacic. Thcsc receptacles shall havc separate and
6 : .. .. 4M1 -
brcakcr or rcccptacic.
fir.►
K. Cer tification Required; Employing Certified Persons.
1. It shall be unlawful for any p - -6 - • • - - - - •
shall be unlawful for any person, who is not a certified mastcr or journeyman
cicctrician or for an owncr/buildcr to do any clectrical construction or make
heat, power or advertising within thc limits of the City.
2. A mastcr cicctrician shall not employ a person on any job in thc capacity of
an cicctrician without such person holding a ccrtificatc of compctcncy.
Ilowcvcr, this shall not prohibit thc utilization of hclpers or apprcnticcs
certificate of competency (not to exceed two (2) hclpers or apprcnticcs to one
j ourncyman).
3. Elcctrical altcration performed undcr an owncr/buildcr permit excludes all
scrvicc changcs, swimming pools, hot tubs, spas and hydromassagc tubs;
4. All code violations found upon thc clectrical inspection of a commercial
structure shall be corrected by an clectrical contractor. A pen and a final
Section 903. Interpretation and Enforcement
903.01 Generally.
A. All questions regarding interpretation and enforcement of the technical codes adopted
pursuant to Section 901 shall first be presented to the Building Official or Fire Chief for a
decision. Upon request, the Building Official or Fire Chief shall reduce the decision to
writing and include the reasons for the decision.
(code \chapter.9)
Amended as of January, 1999
Y' ;r- t;;;ou h passages at deleted.
Undcrhned passages at added. 9-4
B. The Construction Regulation Board (hereafter CRB) shall have the authority to hear
and decide appeals of the decisions or actions of the Building Official or Fire Chief
as set forth below with respect to the technical codes adopted pursuant to Section
901.
903.02 Decisions Subject to Appeal.
The CRB is authorized to hear appeals only from the following decisions or actions
of the Building Official or Fire Chief based upon noncompliance with a technical
code:
A. The refusal to issue a building permit.
B. The refusal to approve a project on interim or final inspection.
C. The refusal to issue a certificate of occupancy or use.
D. The issuance of a stop work order.
E. A decision that a proposed project is subject to and must conform to one or
It more technical codes, and must be authorized by a building permit.
F. Revocation of a building permit or certificate of occupancy or use.
903.03 Procedure. Any person aggrieved by a decision of the Building Official or Fire Chief may
appeal such decision to the CRB by filing a written request with the Secretary of the CRB
within thirty (30) days after the rendition of the decision by the Building Official or Fire
Chief. Such request shall be accompanied by a nonrefundable fee as established by
resolution of the City Council.
903.04 Effect of Filing on Action or Decision. The filing of an appeal under this section shall not
affect the validity of any decision or action of the Building Official or Fire Chief. The
decision or action shall remain in full force and effect until modified or reversed by the CRB.
903.05 Application for Permit Condition of Appeal. No person may appeal any decision of the
Building Official or Fire Chief unless he has applied for and received, or been denied, a
lor.- building permit for the project and paid the applicable fee for such permit or application.
This subsection shall not apply to any person who alleges as the grounds for appeal that a
(code \chapter.9)
January 6, 1999 9 -5
project is not subject to the permitting requirements of any technical code.
903.06 Grounds for Appeal. A person may appeal the decision or action of the Building Official or
Fire Chief on the following grounds:
Ni "' A. The provisions of the technical code do not apply to the project.
B. The mode or manner of construction or improvement being followed or to be
followed conforms to the technical code.
C. The materials being used or to be used conform to the technical code.
D. An equally good or more desirable form of construction or improvement, not
provided for or allowed by a technical code, can be employed without threatening the
public safety or welfare.
E. The decision or action is otherwise unlawful.
The failure to allege any grounds for reversal of the decision or action shall be a waiver of
the grounds.
903.07 Hearing
'oar
A. The appeal shall be placed on the agenda of the next available regular meeting of the
CRB for a hearing in accordance with Article 2 of Chapter 3 of this Code.
B. The Board shall not modify or reverse any decision or action of the Building Official
or Fire Chief unless it affirmatively finds that:
1. The provisions of the technical code do not apply to the project.
2. The mode or manner of construction or improvement being followed or to be
followed conforms to the technical code.
3. The materials being used or to be used conform to the technical code.
4. An equally good or more desirable form of construction or improvement, not
provided for or allowed by a technical code, can be employed without
threatening the public safety or welfare. However, such decision must be
based upon the testimony of a licensed engineer or architect in support of
Ni '" such a finding.
(code \chapter.9)
January 6, 1999 9 -6
•
5. The decision or action is otherwise unlawful.
C. The Board shall discuss the evidence and applicable code requirements and vote to
affirm, reverse or modify the decision of the Building Official or Fire Chief. Not
more than ten (10) days after the hearing, the decision of the CRB shall be reduced
Now to writing and signed by the Chairman. The order shall recite findings of fact and
applicable provisions of the code which are the basis for the order. If the decision
modifies any action or decision of the Building Official or Fire Chief, it shall specify
the manner in which such modification is to be made. The Secretary shall send a
copy of the order to the appellant.
903.08 Appeal from the Board. Any person aggrieved by a decision of the CRB may appeal such
decision to the City Council by filing a written request to the City Manager within thirty (30)
days after the rendition of the decision by the Board. Such request shall be accompanied by
a nonrefundable fee as established by resolution of the City Council. The request shall be
placed on the agenda of the next available regular meeting for a public hearing in accordance
with Article 2 of Chapter 3 of this Code. Such appeal shall be a hearing de novo. The City
Council shall not modify or reverse any decision of the Building Official or Fire Chief unless
it makes an affirmative finding as set forth in Section 903.07 of this Code.
'w
lorw
(code \chapter.9)
January 6, 1999 9 -7
AGENDA REQUEST
C.A. NO.: 99 -006
Date: January 06, 1999
sow
PUBLIC
HEARING RESOLUTION ORDINANCE 01/11/99
OTHER
CONSENT BUSINESS CORRESPONDENCE
ITEM DESCRIPTION /SUBJECT:
First Reading - Ordinance No. 99 -0 -04 - Repealing Ordinance Numbers 90 -0 -27, 94 -0 -11 and
95 -0 -13 and thereby amending and restating the
Firefighters' Pension Fund
BACKGROUND:
The Edgewater Firefighters' Pension Board has been working for some time to meet the
requirements of the State Division of Retirement. Board Attorney Sugarman was requested to draft
`'err► amendments to the above - listed ordinances in an effort to comply with the Division of Retirement
Services.
The Legal Department incorporated all previous ordinances and the modifications suggested into one
current document.
On October 20, 1998, the Firefighters' Pension Board approved the draft ordinance. If Council
approves at first reading, the proposed ordinance will be forwarded to Foster and Foster, Inc. for an
actuarial study. Both the study and ordinance will then be forwarded to the State Division of
Retirement for their approval and then return for the public hearing.
BUDGETARY IMPACT:
RECOMMENDATION /CONCLUSION:
The Firefighters' Pension Board and Staff recommends that Council consider approval of the
attached Ordinance No. 99 -0 -04.
FUNDS AVAILABLE: (ACCOUNT NUMBER)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO X
DATE: AGENDA ITEM NO.
Respectfully submitted, Concurrence:
Ja es Jollie hairman Kenne R. Hooper
Edgewater Firefighters' City Manager
Pension Fund
Nikki Clayton
City Attorney
`err►
rmw
'`rr
ORDINANCE 99 -0 -04
AN ORDINANCE OF THE CITY COUNCIL OF
EDGEWATER, FLORIDA, REPEALING ORDINANCE NOS.
90 -0 -27, 94 -0 -11 AND 95 -0 -13 IN THEIR ENTIRETY AND
AMENDING AND RESTATING THE ESTABLISHMENT OF
THE FIREFIGHTERS' PENSION FUND; DECLARING THE
FUND TO BE . A LOCAL PLAN; ESTABLISHING THE
EFFECTIVE DATE OF THE FUND; PROVIDING THAT THE
PROVISIONS OF CHAPTER 175, FLORIDA STATUTES,
SHALL APPLY EXCEPT FOR THE DEFINITION OF
SALARY, THE REQUIRED VESTING PERIOD AND THE
PERCENTAGE OF A FIREFIGHTER'S AVERAGE FINAL
COMPENSATION APPLIED TO DETERMINE THE
MONTHLY RETIREMENT INCOME; PROVIDING FOR
PROCEDURES TO FILE A CLAIM FOR BENEFITS AND
APPEAL DENIED CLAIMS FOR BENEFITS; PROVIDING
FOR THE FILING WITH THE DIVISION OF RETIREMENT
OF THE FLORIDA DEPARTMENT OF MANAGEMENT
SERVICES; PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations;
1. On July 2, 1990, Council adopted Ordinance No. 90 -0 -27 which established the
Firefighters' Pension Fund effective July 2, 1990.
2. On May 16, 1994, Council adopted Ordinance No. 94 -0 -11 amending the effective
date of Ordinance No. 90 -0 -27 to read November 13, 1989; changing the required vesting period
from ten (10) years to five (5) years; changing the requirements for retirement, changing the
disability retirement, death prior to retirement; refunds of contributions; death benefits, separation
r.r from service; refunds, correction of a scrivener's error regarding calculation of monthly retirement
passages are deleted.
Underlined passages are added.
99 -0 -04 1
income and requirements for retirement.
3. Upon submittal of Ordinance No. 94 -0 -11 to the Division of Retirement Services,
the Division advised of additional requirements of Chapter 175, Florida Statutes, and the Internal
Revenue Code which should be contained in the ordinances. Therefore, on October 2, 1995, Council
adopted Ordinance No. 95 -0 -13 reflecting that the Firefighters' Pension Plan is a Local Plan, the
effective date of the Plan is November 13, 1989, amending the definition of salary, changing the
required vesting period, requirements for retirement, disability retirement, death prior to retirement;
refunds of contributions; death benefits, percentage of firefighter's average final compensation
applied to determine monthly retirement income and requirements for retirement.
4. In an effort to comply with requirements contained in Chapter 175, Florida Statutes
and the Internal Revenue Code, it is necessary to modify our Firefighters' Pension Fund accordingly.
`fir NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida:
PART A. REPEAL OF ORDINANCE NOS. 90 -0 -27, 94 -0 -11 AND 95 -0 -13 IN
THEIR ENTIRETY.
Ordinance Nos. 90 -0 -27, 94 -0 -11 and 95 -0 -13 are hereby repealed.
PART B. LEVYING AND IMPOSING UPON ALL INSURERS A LICENSE OR
EXCISE TAX
Section 1. That there is hereby assessed. imposed and levied on every insurance
company. corporation or other insurer now engaging in or carrying on. or which shall hereafter
engage in or carry on the business of property insurance, as shown by the records of the Insurance
Commissioner of the State of Florida. an excise or license tax in addition to any license tax or excise
tax now levied by the City of Edgewater. which said tax shall be in the amount of $1.85% of the
gross amount of receipts of premiums from policyholders on all premiums collected on property
insurance policies covering property within the corporate limits of the City of Edgewater.
passages are deleted.
Underlined passages are added.
99 -0 -04 2
Section 2. That the license tax or excise tax herein levied shall be due and payable
annually on the first day of March of each year hereafter.
PART C. RE- ESTABLISHMENT OF THE FIREFIGHTERS' PENSION FUND
Nip"
AND DECLARING THE FUND TO BE A LOCAL PLAN.
Section 1. Declaring the Firefighters' Pension Fund to be a Local Plan
On May 16, 1994, the City Council declared the•Firefighters' Pension Fund to be a Local
Plan. This pension fund shall be maintained for the exclusive purpose of providing benefits to
participants and beneficiaries, and is intended to satisfy all the requirements of Florida Statutes
(specifically including but not limited to Section 112.66(7)) and the Internal Revenue Code
(specifically including but not limited to Sections 401(a)2, (7), (8), (9), (16), (17). (25) and (31)).
If any requirements of such laws have been omitted, they shall be deemed to be incorporated in this
article by reference.
Section 2. Restating the Effective Date of the Firefighters Pension Fund
The effective date of the Firefighters' Pension Fund is hereby restated to be effective as of
November 13, 1989.
Section 3. Incorporating the Provisions of Chapter 175,
vrr► Florida Statutes, Except as Provided Herein
The provisions of Chapter 175, Florida Statutes, shall be effective and constitute the
Firefighters' Pension Plan except as specifically set forth herein. Accordingly, Chapter 175, Florida
Statutes (1997) are attached hereto and incorporated by reference as Exhibit A. This pension plan
may be amended at any time by the city council enacting an appropriate ordinance, provided that
such amendment complies with the Internal Revenue Code. Florida Statutes and other applicable
laws. The board of trustees may make recommendations by a majority vote to the city council
concerning proposed pension plan amendments.
Section 4. Amending the Definition of Salary
For the purposes of this plan, the definition of salary set forth in Section 175.032(7) is hereby
revised to read as follows: "Salary" means the total cash renumeration paid a firefighter for services
rendered. The City understands and acknowledges that it has no authority to amend Chapter 175.
Section 5. Varying Investment Procedures
Noir
Struck through passages are deleted.
Underlined passages are added.
99 -0 -04 3
For the purposes of this plan and to clarify the investment procedures established in Section
175.071(1)(b)4.b. are set forth below as revised to read for the purposes of this plan. The City
understands and acknowledges that it has no authority to amend Chapter 175.
The aggregate of the Firefighters' Pension Fund investments in equities (common
Saw stock or capital stock) at cost shall not exceed 70% of the Pension Fund's assets and
the aggregate of the Pension Fund's investments in fixed income securities at cost
shall not be less than 30 %.of the Pension Fund's assets.
Section 6. Changing the Required Vesting Period
A five (5) year vesting period is herebyy established as opposed to the ten (10) year vesting
period provided for in Chapter 175. In order to clarify the provisions of this plan. those sections of
Chapter 175 effected by this change are set forth below as they are revised to read for the purposes
of this plan. The City understands and acknowledges that it has no authority to amend Chapter 175.
Section 175.162 Requirements for retirement. -
Any firefighter who completes 4-0 five (5) or more years of creditable service as a firefighter
and attains age 55, or completes 25 years of creditable service as a firefighter and attains age 52, and
who for such minimum period has been a member of the firefighters' pension trust fund is eligible
for normal retirement benefits. Normal retirement under the plan is retirement from the service of
'r,,,,,► the municipality or special fire control district on or after the normal retirement date. In such event,
payment of retirement income will be governed by the following provisions of this section:
Section 175.162(1)
The normal retirement date of each firefighter will be the first day of the month coincident
with or next following the date on which he or she has completed 4-0 five (5) or more years of
creditable service and attained age 55 or completed twenty -five (25) years of creditable service and
attained age 52.
Section 175.191 Disability retirement. -
(1) A firefighter having 4-0 five (5) or more continuous years of credited service and having
contributed to the firefighters' pension trust fund for 4-0 five (5) years or more may retire
from the service of the municipality or special fire control district under the plan if, prior to
his or her normal retirement date, the firefighter becomes totally and permanently disabled
as defined in subsection (2) by reason of any cause other than a cause set out in subsection
(3) on or after the effective date of the plan. Such retirement shall herein be referred to as
Now
Struck threugh passages are deleted.
Underlined passages are added.
99 -0 -04 4
"disability retirement." - - • • • • - - • • - - .
-- • . • - • (5) The benefits payable to a firefighter who retires from the service of a municipality or special
fire control district due to total and permanent disability as a direct result of a disability
- • -- - - • - -- - - - - - is the monthly income payable for 10
years certain and life for which, if the firefighter's disability occurred in the line of duty, his
or her monthly benefit shall be the accrued retirement benefit, but shall not be less than 42
percent of his or her average monthly salary at the time of disability. If after -9 five (5)
years of service the disability is other than in the line of duty, the firefighter's monthly
benefit shall be the accrued normal retirement benefit, but shall not be less than 25 percent
of his or her average monthly salary at the time of disability.
Section 175.201 Death prior to retirement refunds of contributions; death benefits. -
If a firefighter dies before being eligible to retire under the provisions of this act, the heirs,
legatees, beneficiaries, or personal representatives of such deceased firefighter shall be entitled to
a refund of 100 percent, without interest, of the contributions made to the firefighters' pension trust
fund by such deceased firefighter or, in the event of an annuity or life insurance contract has been
purchased by the board of trustees on such firefighter, then to the death benefits available under such
life insurance or annuity contract subject to the limitations on such death benefits set forth in s.
175.081, whichever amount is greater. If a firefighter dies prior to retirement but has at least 1-0 five
`rr (5) years of contributing service, his or her beneficiary is entitled to the benefits otherwise payable
to the firefighter at early or normal retirement age. In the event that the death benefit paid by a life
insurance company exceeds the limit set forth in s. 175.081, the excess of the death benefit over the
limit shall be paid to the firefighters' pension trust fund. However, the benefits as provided in s.
112.191 shall not be included as death or retirement benefits under the provisions of chapter 86 -41,
Laws of Florida.
Section 175.211 Separation from service; refunds. -
If a firefighter leaves the service of the municipality or special fire control district before
accumulating aggregate time of4-0 five (5) years toward retirement and before being eligible to retire
under the provisions of this chapter, the firefighter shall be entitled to a refund of all of his or her
contributions made to the firefighters' pension trust fund after July 1, 1963, without interest, less any
disability benefits paid to him or her after July 1, 1963. If a firefighter who has been in the service
of the municipality or special fire control district for at least 4-9 five (5) years and has contributed
to the firefighters' pension trust fund, for at least 4-6 five (5) elects to leave his or her accrued
contributions in the firefighters' pension trust fund, such firefighter upon attaining the age of 50
years may retire at the actuarial equivalent of the amount of such retirement income otherwise
Struck ugh passages are deleted.
Underlined passages are added.
99 -0 -04 5
payable to him or her.
Section 7. percentage of Firefighter's Average Final Compensation Applied to
Determine Monthly Retirement Income
slaw The percentage of a firefighter's average final compensation applied to determine the
monthly retirement income is hereby established to be 2.5 as opposed to the 2 percent established
in Chapter 175. In order to clarify the provisions of this plan. the section of Chapter 175 effected
by this change is set forth below as it is revised to read for the purposes of this plan. The City
understands and acknowledges that is has no authority to amend Chapter 175.
Section 175.162 Requirements for retirement. -
(2)(a) The amount of monthly retirement income payable to a full -time firefighter who retires on
or after his or her normal retirement date shall be an amount equal to the number of his or
her years of credited service multiplied by-2- 2...5 percent of his or her average final
compensation as a full -time firefighter. The retirement income shall be reduced for moneys
received under the disability provisions of this chapter. However, if current state
contributions pursuant to this chapter are not adequate to fund the additional benefits to meet
the minimum requirements in this chapter, only such incremental increases shall be required
as state moneys are adequate to provide. Such increments shall be provided as state moneys
become available.
Section 8. Effectiveness of Remainder of Chapter 175. Florida Statutes
All other provisions of Chapter 175. Florida Statutes. shall remain in full force and effect.
Section 9. Claims Procedures
La) All claims for benefits. elections for a specific form of benefit. verifications of retirement,
notices of mailing address, and notices of appeal. and all other inquiries and matters
concerning the pension plan, shall be submitted to the board of trustees at its published
address.
(b) All inquiries shall be answered promptly. The board of trustees shall make the final
decisions for approval of benefits.
() If any claim for benefits is denied. suspended or terminated. in whole or in part. then the
claimant shall be furnished with a notice of denial. suspension or termination no later than
passages are deleted.
Underlined passages are added.
99 -0 -04 6
30 days after the final decision has been made. The notice shall be provided in writing by
certified mail. and shall set forth:
(1) The specific reasons for the denial, suspension or termination of benefits;
*taw (2) The specific references to the pertinent provisions of the pension plan upon which
the action is based and a copy of the pension plan provisions shall be furnished with
this notice:
(3) A description of any additional material or information necessary for the claimant to
perfect the claim, along with an explanation of why such material or information is
necessary: and
(4) An explanation of the claims review procedure.
(d) Claims review procedure:
fl If a claim for benefits is denied. suspended or terminated in whole or in part, then the
claimant may appeal to the board of trustees for a full and fair review. In order to file
an appeal. a written notice of appeal must be submitted within 60 days after the
notice of denial, suspension or termination is received by the claimant, or such later
time as the board of trustees deems reasonable. The notice of appeal shall briefly
_,► describe the grounds upon which the appeal is based and shall be signed by the
claimant. The claimant shall be allowed to review all pertinent documents during
normal business hours. and shall be permitted to submit comments and a statement
of issues for consideration by the board of trustees.
(2) A claimant may designate an attornev, or any other duly authorized person, to act as
his representative at any stage of the claims review procedure. Any rights provided
to the claimant during the claims review procedure shall automatically extend to the
representative designated by the claimant. A designation of representative shall be
signed by the claimant and the representative and shall be submitted in writing.
(3) The board of trustees shall rule on all appeals brought under this subsection. A
decision to grant or deny an appeal shall be based solely on the record before the
board of trustees, unless the board of trustees determines, in its sole discretion, that
a hearing is necessary for the proper resolution of the appeal. The board of trustees
shall decide. by majority vote. to grant or deny an appeal. The final decision shall
be made by the board of trustees. in writing. and shall be made no later than 60 days
after receipt of the notice of appeal. unless special circumstances (such as the need
Struaugh passages are deleted.
Underlined passages are added.
99 -0 -04 7
for a hearing) require an extension of time. In no event, however, should the decision
of the board of trustees be made later than 120 days after receipt of the notice of
appeal. If an appeal is denied, in whole or in part, then the decision shall set forth the
specific reasons for the action, with specific references to those pension plan
provisions upon which the decision is based. The claimant shall be promptly
Nor provided with a copy of this decision. The decision of the board of trustees shall be
final and binding, and shall not be subject to the grievance or arbitration procedure
established in any collective bargaining agreement between the city and any labor
organization.
(e) No action in law or in equity shall be brought to contest a denial, suspension or termination
of benefits until the claimant has complied with the procedures provided in subsection (d)
of this section, unless the board of trustees fails to render a decision within 120 days after
receipt of the notice of appeal. In no case, however, shall any action be brought unless
instituted within one (1) year from the time the claimant received the notice of denial,
suspension or termination provided for in subsection (c) of this section.
Section 10. Filing with the Division of Retirement
Upon adoption, a copy of this Ordinance shall be filed with the Division of Retirement of the
Florida Department of Management Services.
`fir► PART D. CONFLICTING PROVISION.
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 E. 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 F. EFFECTIVE DATE.
This Ordinance shall take effect upon adoption.
passages arc deleted.
Underlined passages arc added.
99 -0 -04 8
PART G. ADOPTION.
After Motion by and Second by , the vote on the first reading of this
N oir ordinance held on , 1998, 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
After Motion by and Second by , the vote on the
second reading of this ordinance was as follows:
Mayor Randy G. Allman XXX
soar
Councilman Jim Gornto XXX
Councilman Myron F. Hammond XXX
Councilman Gary W. Roberts XXX
Councilwoman Judy Lichter XXX
`fir
passages are deleted.
Underlined passages are added.
99 -0 -04 9
PASSED AND DULY ADOPTED this day of , 1998.
r
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Randy G. Allman
City Clerk Mayor
APPROVED FOR FORM
AND CORRECTNESS:
Dated:
Nikki Clayton
City Attorney
Now
'pelf - through passages are deleted.
Underlined passages are added.
99 -0 -04 10
AGENDA REQUEST
C.A. NO.: 99 -003
,,, Date: January 5, 1999
PUBLIC
HEARING RESOLUTION ORDINANCE
OTHER
CONSENT 01/11/99 BUSINESS CORRESPONDENCE
ITEM DESCRIPTION /SUBJECT:
Satisfaction of Lot Clearing Lien - Elwood B. Sides, Jr. & Frances M. Sides
BACKGROUND:
Payment was received from Inlet Title Company, Inc. on behalf of Elwood B. Sides and Frances M.
Sides in the amount of $83.08 representing payment in full of an outstanding Lot Clearing Lien.
BUDGETARY IMPACT: City collected $83.08 on behalf the Sides
RECOMMENDATION /CONCLUSION:
Staff recommends that the City Council acknowledge receipt of the payment and authorize the
Mayor to execute the attached Satisfaction of Lien.
FUNDS AVAILABLE: (ACCOUNT NUMBER)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO X
DATE: AGENDA ITEM NO.
Respectfully submitted, Concurrence:
Nikki Clayton Kenneth R. Hooper
City Attorney City Manager
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f
SATISFACTION OF LOT CLEARING LIEN
CITY OF EDGEWATER, FLORIDA
KNOW ALL MEN BY THESE PRESENTS: That the City Council of the City of
Now
Edgewater, Florida, pursuant to the provisions of Section 10 -50, Code of Ordinances, City of
Edgewater, Florida, on January 16, 1997, filed a lien against property owned by Elwood B. Sides
Jr. and Frances M. Sides and described as Lot 72, Meadow Lake Sub (Property location: between
323 & 327 Pine Breeze Drive)(Parcel #8411- 10 -00- 0720), in the amount of sixty -two and 50 /100
dollars ($62.50) plus interest, filing fees, and any other costs incurred by the City; said lien being
recorded in Official Records Book 4170, Page 2069, of the Public Records of Volusia County,
Florida. The City Council does hereby acknowledge full payment and satisfaction thereof, and
hereby consents that the same shall be discharged and satisfied of record.
Nor
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Randy G. Allman
City Clerk Mayor
Date:
APPROVED FOR FORM
AND CORRECTNESS:
Nikki Clayton
City Attorney
(Liens/Sides-1 - Lot - Satisfaction)
AGENDA REQUEST
C.A. NO.: 99 -001
Now Date: January 4, 1999
PUBLIC
HEARING RESOLUTION ORDINANCE
OTHER
CONSENT 01/11/99 BUSINESS CORRESPONDENCE
ITEM DESCRIPTION /SUBJECT:
Satisfaction of Special Assessment (Paving)Liens - Carmine Malignano
Patricia E. Tiffany
Dr. Larry Liddle
BACKGROUND:
On April 14, 1989, the City filed a Notice of Special Assessment Lien in which the subject property
was included. On April 20, 1998, Council approved interest adjustments on Street Projects 1, 2 and
'oirr 3.
On December 22, 1998, Frank J. and Lori M. Gillooly forwarded payment on behalf of Carmine
Malignano in the amount of $657.20, on December 28, 1998, payment was made on behalf of
Patricia E. Tiffany in the amount of $477.12 and on December 30, 1998, payment was made on
behalf of Dr. Larry Liddle in the amount of $350.74. Payments made represent the total amount due
with the applied interest adjustment.
BUDGETARY IMPACT: City collected $657.20 on behalf of Carmine Malignano
City collected $477.12 on behalf of Patricia E. Tiffany
City collected $350.74 on behalf of Dr. Larry Liddle
RECOMMENDATION /CONCLUSION:
Staff recommends that the City Council acknowledge receipt of the payment and authorize the
Mayor to execute the attached Satisfactions of Lien.
FUNDS AVAILABLE: (ACCOUNT NUMBER)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO X
DATE: AGENDA ITEM NO.
Notry
Respectfully submitted, Concurrence:
Nikki C1a n ( Kenneth R. Hooper
City Atto ey City Manager
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SATISFACTION OF SPECIAL ASSESSMENT (PAVING) LIEN
CITY OF EDGEWATER, FLORIDA
KNOW ALL MEN BY THESE PRESENTS: That the City Council of the City of
low
Edgewater, Florida, pursuant to the provisions of Chapter 170, Florida Statutes, on April 14, 1989
filed a lien against property owned by Carmine Malignano and described as Lots 10855 to 10858
Inc., Block 346, Florida Shores Number 14, said lien being recorded in Official Records Book 3288,
Pages 1834 and 1835 of the Public Records of Volusia County, Florida. The City Council does
hereby acknowledge full payment and satisfaction thereof, from Frank J. Gillooly and Lori M.
Gillooly on behalf of Carmine Malignano and hereby consents that the same shall be discharged and
satisfied of record.
IN WITNESS WHEREOF, the City Council of the City of Edgewater, Florida, acting by
and through its Mayor, who was authorized to execute this Satisfaction of Lien by the City Council
Now
action on January 11, 1999, has executed this instrument 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
City Attorney
(Liens I PavingSatisfaction -Mal ignano)
SATISFACTION OF SPECIAL ASSESSMENT (PAVING) LIEN
CITY OF EDGEWATER, FLORIDA
KNOW ALL MEN BY THESE PRESENTS: That the City Council of the City of
Edgewater, Florida, pursuant to the provisions of Chapter 170, Florida Statutes, on February 15,
1989 filed a lien against property owned by Patricia E. Tiffany and described as Lots 466 and 467,
Block 14, Florida Shores Number 1, said lien being recorded in Official Records Book 3262, Pages
0993 through 0996 of the Public Records of Volusia County, Florida. The City Council does hereby
acknowledge full payment and satisfaction thereof, on behalf of Patricia E. Tiffany and hereby
consents that the same shall be discharged and satisfied of record.
IN WITNESS WHEREOF, the City Council of the City of Edgewater, Florida, acting by
and through its Mayor, who was authorized to execute this Satisfaction of Lien by the City Council
action on January 11, 1999, has executed this instrument this day of
r
, 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
(LienslPavingSatisfaction -Tiff `'any)
SATISFACTION OF SPECIAL ASSESSMENT (PAVING) LIEN
CITY OF EDGEWATER, FLORIDA
KNOW ALL MEN BY THESE PRESENTS: That the City Council of the City of
'tow Edgewater, Florida, pursuant to the provisions of Chapter 170, Florida Statutes, on February 15,
1989 filed a lien against property owned by Dr. Larry Liddle and described as Lots 14055 and
14056, Block 450, Florida Shores Number 23, said lien being recorded in Official Records Book
3262, Pages 0993 through 0996 of the Public Records of Volusia County, Florida. The City Council
does hereby acknowledge full payment and satisfaction thereof, on behalf of Dr. Larry Liddle and
hereby consents that the same shall be discharged and satisfied of record.
IN WITNESS WHEREOF, the City Council of the City of Edgewater, Florida, acting by
and through its Mayor, who was authorized to execute this Satisfaction of Lien by the City Council
action on January 11, 1999, has executed this instrument 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:
"%iv Nikki Clayton
City Attorney
(Liens\PavingSatisfaction- Liddle)
r C .
AGENDA REQUEST
C.A. NO.: 99 -007
Date: January 6, 1999
PUBLIC
HEARING RESOLUTION ORDINANCE
OTHER
CONSENT 01/11/99 BUSINESS CORRESPONDENCE
ITEM DESCRIPTION /SUBJECT:
Donation of surplus cellular telephones
BACKGROUND:
The State Attorney's Office, distributes cellular telephones to stalking victims and victims of
domestic violence for additional means of protection. The City has several older cellular telephones
that could be utilized in this program.
.• The City may either donate the telephones or keep them for action at a later date.
BUDGETARY IMPACT: None
RECOMMENDATION /CONCLUSION:
Staff recommends that City Council consider approval for donating the surplus cellular telephones
to the State Attorney's Office.
FUNDS AVAILABLE: (ACCOUNT NUMBER)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO X
DATE: AGENDA ITEM NO.
*awe
Respectfully submitted, Concurrence:
4 it.•
Nikki Clayton Ke - th R. Hoo . er F
City Attorney City Manager
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Nirof
01;'06 /'1999 17: 41 9b42544b47 STATE ATTY UFC RAGE 01
OFFICE OF THE STATE ATTORNEY
SEVENTH JUDICIAL CIRCUIT Of FLORIDA
VOLUSI,A, FIAGLER, PUTNAM & ST. JOHNS COUNTIES
John Tanner anuary 6, 1999 25o North Beacb. Street
y � i,? � Daytona Beach. FL 32114-7505
STATE ATrO EY
F Phoe (9096) 239 -7720
Fax (900 2<51 -48967
. ii
City of Edgewater,: ,
Ms. Robin Wolf,
Legal Assistant -M
FAX (904) 424 -2415
Dear Ms. Wolf,
Thank you for your donation of cell phones the victim advocate program.
We utilize cell pnones to help victims of domestic violence, stalking and other
violent crimes. These phones are literally a life line for these victims. Victim
advocates are available 24 hours a day to issue phones to victims for their
safety. Additional phones will greatly enhance our ability to serve victims in
Volusia County.
As you know, domestic violence has been on a steady increase for the
last decade. In the past there was no system in place to provide a sense of
security for victims. Thanks to support and concern such as yours, we can now
Nolw
provide assistance in a meaningful way.
Once again, thank you and we look forward to working with you in the future.
Sincerely,
Carol Polzella
Assistant Chief Investigator
CP /dg
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.
_ ®0
CITY OF EDGEWATER \
City Manager's Office '
CS
MEMORANDUM �\ ' S\`
DATE: December 18, 1998
TO: Mayor and City Council
FROM: Ken Hooper, City Manager
SUBJECT: Florida Family Restoration Center Fund Request
Many of you, along with Jack Corder, Director of Parks & Recreation/Maintenance, visited the
"Mansion" at 301 Faulkner Street, New Smyrna Beach, December 9, 1998. Mr. Corder's purpose
for the visit was to assess the facility. His inspection of the residence revealed several code
violations, and numerous repairs needed throughout the home.
It is my recommendation that the City of Edgewater not contribute monetarily to this request. If the
City Council is interested in some type of support, perhaps needed material items could be donated, .
e.g., washer, dryer, or other appliances. The funds for this purpose would come out of Council's
depleting promotional account.
Director Carol Tanguay and Executive Director Dr. Bill Sharp will be seeking a contribution for their
facility at the January 11, 1999, Council meeting.
KRH:ejm
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c: \memos \shelter$. 128
1
•
FLORIDA FAMILY RESTORATION CENTER
301 Faulkner Street
New Smyrna Beach, Fl 32168
904 -409 -3212 fax 409 -9640
December 7,1998
To: Members of the City Counsel
Please be aware of the following:
• We are serving women and children left homeless because of domestic violence,
other abuse, or financial devastation.
• The women and children we serve are from the tri -city area of New Smyrna
Beach, Edgewater, and Oak Hill.
err
• Since opening our door September 1 we have served 12 families from this area.
• 4 of the families we have served are now independent and self - supporting in our
community.
• Women have learned skills for parenting, anger management, substance abuse
education, and other life skills for becoming self reliant
• Our need is for repairs to the center such as electrical repair, plumbing, repairing
the hardwood flooring.
• YOUR HELP IS NEEDED AND APPRECIATED FOR THE FOLLOWING:
• ELECTRICAL REPAIRS
• PLUMBING REPAIRS
%or • LAUNDRY ROOM REPAIRS & APPLIANCES
THANK YOU FOR YOUR SUPPORT " "'
Councilman Hammond spoke about the Summary Judgement he sat
at. He spoke about the News Journal having no witnesses.
He feels a certain councilperson before he believes started
all this and has cost this City. He came in to try and save
'- the money.
Councilman Roberts stated they never violated the Sunshine
Law. The newspaper took rumors and inuendos and gossip and
turned it into a waste of the taxpayer's money. He feels
they have nothing better to do than stick their nose where
it doesn't belong. He will stand by his innocence
completely.
Councilman Hammond apologized to the people that put him in
and having to pay for this. He hopes the people before they
start accusing, sit back and think a little bit. He again
apologized to the citizens and wants this to be over. He
feels the City has been drug through the mill.
Councilman Roberts stated we did not cost the taxpayers
$47,000, the News Journal cost the taxpayers $47,000.
Councilman Gornto stated he made a statement at the first
meeting because he was shocked. He was not involved in the
sweep pledge or that part of the campaign and really didn't
'or know these people. A year has gone by and he has worked
with these people for a year on City business. He has
gotten to know them much better than he did that night. To
believe the Journal's position, you must believe that these
three men perjured themselves under oath. He doesn't
believe there is a Councilperson at this table that would
perjure themselves under any circumstances. He was wrong
and is correct tonight. You all are not criminals, you're
innocent.
Councilman Gornto moved for approval.
Councilman Roberts asked if this is approved tonight, what
is the next step Attorney Kornreich will take with it and
when will it all be finalized. Attorney Kornreich explained
the stipulation of dismissal would be filed with the court
as soon as he is given a copy signed off on and they would
get it over to the courthouse with Mr. Kaney, the Attorney
for the News Journal and see that it gets filed immediately
and that will terminate the lawsuit within the next couple
of days.
Councilman Hammond seconded the motion. The motion CARRIED
5 -0.
B. Solicitation - Florida Family Restoration Center
seeking City support of a temporary residence for
displaced women and children due to abuse or financial
trauma ($5,000)
Rev. Dr. Bill Sharp, wished everyone a Merry Christmas. He
elaborated on the childhood he had and feels if there was a
place like this when he was growing up, he would have been
most grateful. He informed the Council the Mayor and
Commissioners in New Smyrna Beach would be coming to tour
their facility at 2:00 p.m. on Wednesday.
Rev. Dr. Sharp further commented on what the organization .
does and what is included in their facility. He commented
on what the facility needs. He invited Council to come and
see the facility and judge for themselves if it is worthy of
their consideration.
Page -6-
- Council Regular Meeting
December 7, 1998
Carol Tanguay, Director, Florida Family Restoration Center,
invited anyone of the Council or anyone in the community to
come and see the facility. She further commented on the
help they provide. At this point, they have no federal
funding so any support they receive is greatly appreciated.
Ms. Tanguay asked for a written resolution from the City of
Edgewater giving them support in their venture with homeless
women and children.
Rev. Dr. Sharp explained the procedure as far as the house
itself. He spoke about the overwhelming response they have
had in such a short period of time.
Councilwoman Lichter asked if there are any other sources
they could turn to. Ms. Tanguay explained where they get
their funds from.
Councilwoman Lichter asked City Manager Hooper asked if
there is any place to get this money from. City Manager
Hooper explained the only source they have is the General
Fund Contingency. He informed Council if they would like to
visit the home first, they could do that. He placed it on
the agenda not so much for a final answer but so the people
could speak to Council. He asked Council for direction on
what they want him to do.
Now
Councilwoman Lichter asked if there was such a facility in
Edgewater before this. Ms. Tanguay spoke about Ruth
Plummer being involved with the Family Crisis Help Center
which moved out to Old Mission Road. She spoke about why it
didn't work out for her. This is a result of it because
they saw the need.
Rev. Dr. Sharp spoke about the situation with Ruth Plummer
and the Family Crisis Help Center.
Councilman Roberts would like an opportunity to see this
operation some time this week to get a better idea of what
they are doing.
Mayor Allman suggested tabling this item. City Manager
Hooper agreed to bring it back in two weeks.
There was a ten - minute recess at this time.
C. Recreation Park Development - McKim & Creed Engineers
% o r to present Preliminary design of Park Master Plan
City Manager Hooper introduced Mark Veenstra from McKim &
Creed.
Mark Veenstra, McKim & Creed, summarized the preliminary
design of the Master Plan.
Councilwoman Lichter expressed concern with the traffic
route being the same as the route used for the school and
traffic going north making a left hand turn.
Mr. Veenstra explained this plan relies on using Turgot as
the main ingress and egress for the recreational park and
YMCA complex.
Councilwoman Lichter expressed concern about the traffic
problem at the Post Office. She asked how you get a light
if it is really needed. Mr. Veenstra explained they could
warrant a traffic warrant analysis prior to the project
being built.
Page -7-
Council Regular Meeting
December 7, 1998
natural run off of service water from the flood plain area
under Roberts Road to a canal running from the South side of
Roberts Road between Indian River Elementary School and the
proposed Surrey Ridge Development. If it can be shown that
*Atir Perry Barrett caused this blockage in question, his
culpability would negate his claim for damages. He feels
Mr. Barrett shouldn't be suing the City, the City should be
suing him.
Dr. Charles Gebelein, 1730 Umbrella Tree Drive, spoke about
Item 8B. He recommended to the Council the Florida Family
Restoration Center as being worthy of their acclamations and
praise. He is concerned with using taxpayer money to make a
donation. He recommended this be endorsed and that Council
make donations themselves and perhaps ask the citizens of
the City to make contributions.
Dick Martinez, 317 Schooner Avenue, addressed the update on
the Perry Barrett suit in the City Manager's report of the
agenda. It is well known that Perry Barrett has twice run
candidates in the expectation of controlling City
government. Now he has three members of the Council
obligated to him. The citizens of Edgewater believe he
expects a payback. He has a $460,000 claim against this
City for property he did not own at the time and which the
residents of Meadow Lake thought was their common area.
That is the question the Council should be investigating
tonight.
Councilman Gornto asked Mr. Martinez to explain the ending
of his letter that was in the Letters to the Editor section
of the newspaper. He did not understand the last sentence
that stated 'When you look behind a curtain, you find it is
all done with smoke and mirrors' and asked Mr. Martinez to
elaborate on that. Mr. Martinez stated he didn't think he
would and feels he could understand from the allegory that
residents who attend these meetings see one face of the
Council but it is obvious there is another face. Mr.
Martinez explained he would be glad to discuss it with
Councilman Gornto in private. Councilman Gornto stated his
letter was to the editor and didn't understand why he
couldn't explain it now. Mr. Martinez feels he has
explained it.
Mike Visconti, 316 Pine Breeze Drive, s ? oke about a packet
he presented to Council on September 10 regarding who
owns the property in Meadow Lake. He spoke about two suits
Norr
on tonight's agenda.
Mr. Visconti spoke about the lawsuit regarding the Sunshine
Law violation filed by the News Journal. He questioned if
they should move on or settle.
Mr. Visconti spoke about Perry Barrett suing the City back
in 1994. He feels it is only fair that the City settle the
UTE lawsuit and that Mr. Barrett withdraw this suit from the
City. He would like to see the City move forward in the
future for the betterment of the City. He wished the
Council a Happy Holiday.
Andy Anderson, 1730 Pine Tree Drive, spoke about Item 8A.
He doesn't feel the City should pay one dime. He doesn't
feel the City is guilty of anything. He feels what is
alleged to have happened didn't. If you pay out any money,
this is going to be a partial admission of guilt. He thinks
a counter suit would be appropriate for deformation of
character.
Page -2-
Council Regular Meeting
December 7, 1998
DR. CHARLES G. GEBELEIN
1730 Umbrella Tree Drive,
Edgewater, FL 32132
(904) 427 -9930
January 11, 1999
To: Edgewater Mayor, City Council, City Attorney, City Manager, City Clerk
Attached to this brief letter is a copy of my recent letter to
the Observer (December 16, 1998) explaining why I oppose the Council
giving money to the Florida Family Restoration Center. Any such
monetary donations should come solely from the citizens of our
community, and not be taken from tax - derived funds.
From what I read in last Saturday's Observer, I understand the
City Manager, Mr. Hooper, is going to recommend donations of
materials to the FFRC. What I wish to recommend for your
consideration is that the City place collection vessels in strategic
locations, such as City Hall, the Library, the Police Station, and
the Fire Station. Such collection vessels could then receive direct
donations of non - perishable food items, clothing, toys, and any other
appropriate items. In this manner, the City could enable its citizens
to make their own contributions to this worthwhile organization, and
the FFRC would potentially obtain far more donations than if the City
made a one -time gift.
Let's have the people of Edgewater do the contributing!
Thank you.
Dr. Charles G. Gebelein,
Citizen of Edgewater
m.
Volusianet LETTER TO THE EDITOR Printed: 1/9/99 9:27 PM
Date: 12/15/98 9:55 PM
From: Volusianet
To: observer @volusianet.net
Copy:
Blind Copy:
Subject: LETTER TO THE EDITOR
FLORIDA FAMILY RESTORATION CENTER
The Florida Family Restoration Center is a valuable asset to the Edgewater, New Smyrna, and Oak Hill communities
and is worthy of support by the citizens of these communities. Since there have been several articles on this group that have
appeared in the Observer (e.g., Nov. 5, Nov. 6, Nov. 24), I need not go into extensive details concerning the FFRC and its
operation. In my opinion, the governing bodies of all these communities should endorse the FFRC, and encourage their
citizens to make tax - deductible donations to this fine organization.
However, I do not believe it is proper for these governments to make direct donations to FFRC, or any other similar
organization, from tax - raised funds. The problem is one of citizen choice. We do not have any real choice whether or not to
pay our taxes, but we should have the choice of what tax - exempt organizations we wish to support. Our local taxes are not
deductible on our federal income tax, but donations to FFRC, and like organizations, usually are.
This does not impugn the FFRC, or any other similar organization. In fact, it supports their work and helps keep them
relatively free from government interference and control. These charitable organizations are often more efficient in their work
than most governmental organizations, but to do this, they must remain free from restrictive governmental control. Where tax
dollars flow, control follows.
Of course, any member of these governing bodies is free to make donations to FFRC. Similar types of donations have
been made in the past. If ten dollar donations were made, on a regular basis, from several hundred citizens, there would be
little need to ask for tax - derived money in the first place. The combined area has more than 37,000 people; some of them
should become sources of support for FFRC.
Thank you.
Dr. Charles G. Gebelein,
Citizen of Edgewater
The following items are not for publication:
Address: 1730 Umbrella Tree Drive
Phone: 427 -9930
Page 1
AGENDA REQUEST
Date: 1/6/99
PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
Niaw
CONSENT AGENDA OTHER BUSINESS X
ITEM DESCRIPTION /SUBJECT: Consulting Engineering Selection Committees
Recommendation to Enter Into Contract Negotiations with Three Firms.
BACKGROUND: On November 24, 1998, the City of Edgewater received proposals to perform
general consulting engineering services from thirteen (13) firms. After careful review and
evaluation by the selection committee working independently, a meeting was held on December
21, 1998 to compare scores and select firms for Council consideration. The committee consisted
of Lynne Plaskett, Planning Director, Jack Corder, Parks and Recreation Director and Terry
Wadsworth, Director of Environmental Services.
RECOMMENDATION /CONCLUSION: It is the unanimous recommendation of the selection
committee to initiate contract negotiations with all three of the following firms:
1) Boyle Engineering Y`
2) Honeycutt/PEC Team
liege 3) Quentin L. Hampton Associates ✓
By having three firms under contract, the City can derive benefits by being able to use these firms
areas of expertise and to compare costs for certain projects within all their capabilities.
FINANCIAL IMPACT: None at Present
FUNDS AVAILABLE: ACCOUNT NUMBER: N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PRESENTED BY: Terry A. Wadsworth, Director of Environmental Services
PREVIOUS AGENDA ITEM: YES NO X
Date: Agenda Item No.
Respectfully submitted: Concurrence:
C) IL O.().,
Terry A Wa worth Ken eth Hooper
Director of Environmental Services City Manager
TAW:dmc
AGENDA REQUEST
C.A. NO.: 99 -002
Date: January 6. 1999
"wr
PUBLIC
HEARING RESOLUTION ORDINANCE 01/11/99
OTHER
CONSENT BUSINESS CORRESPONDENCE
ITEM DESCRIPTION /SUBJECT:
First Reading - Ordinance No. 99 -0 -01 - Repeal of Section 14.54.1 (Establishment of
Edgewater Beautification and Tree Committee
First Reading - Ordinance No. 99 -0 -02 - Amending Section 12.5 -11 (Created), Section 12.5 -12
(Membership) and Section 12.5 -13 (Duties) of Article
II (Parks and Recreation Board)
BACKGROUND:
�r Upon review, it was decided it would be in the best interest of the City to combine the Edgewater
Beautification and Tree Committee and the Parks and Recreation Board.
Ordinance No. 99 -0 -01 disbands the Edgewater Beautification and Tree Committee and Ordinance
No. 99 -0 -02 amends the Parks and Recreation Board by changing the name to the Recreation
Services Board, changing the membership to 7 members instead of 5 and changing their duties to
now include recreation, beautification and historical.
BUDGETARY IMPACT:
RECOMMENDATION /CONCLUSION:
Staff recommends City Council consider approval of Ordinance No. 99 -0 -01 and Ordinance No. 99-
0-02 upon first reading.
FUNDS AVAILABLE: (ACCOUNT NUMBER)
% w (SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO X
DATE: AGENDA ITEM NO.
Respectfully submitted, Concurrence:
/ Jack Corder Kenneth R. Hooper
Director of Parks and Recreation/ City Manager
Maintenance
Nikki Clayton
City Attorney
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err►.
Iter
ORDINANCE NO. 99-0-01
AN ORDINANCE OF THE CITY COUNCIL OF
EDGEWATER, FLORIDA, REPEALING ORDINANCE NO.
92 -0 -02, WHICH ESTABLISHED THE EDGEWATER
BEAUTIFICATION AND TREE COMMITTEE BY
AMENDING ARTICLE IV. (TREE PRESERVATION AND
PROTECTION) BY SECTION 14.54.1 (ESTABLISHMENT OF
EDGEWATER BEAUTIFICATION AND TREE
COMMITTEE) IN ITS ENTIRETY; PROVIDING FOR
CONFLICTING PROVISIONS AND SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE, PROVIDING FOR
ADOPTION AND CODIFICATION.
WHEREAS, in 1992 City Council authorized filing of an application with Florida Division
of Forestry for the purpose of designating the City of Edgewater as a "Tree City USA ".
WHEREAS, in order to fulfill the requirements, the City needed to establish a tree
committee, therefore, on March 2, 1992, City Council adopted Ordinance No. 92 -0 -02 which
w.r established the Edgewater Beautification and Tree Committee.
WHEREAS, even though the Edgewater Beautification and Tree Committee was established
in 1992, the City has not been designated as "Tree City USA" by the Division of Forestry for the
past several years.
WHEREAS, the City has decided to disband the existing Edgewater Beautification and Tree
Committee.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Edgewater,
Florida, as follows:
lotw
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99 -0 -01 1
PART A. REPEAL ORDINANCE NO. 92 -0 -02 IN ITS ENTIRETY
ADDITION OF SECTION 14.54.1 (ESTABLISIIMENT OF EDCEWATER
BEAUTIFICATION AND TREE COMMITTEE) TO A • •.
DID . . . . . 1 . • • . . . . • . . . . • . • .
. - - . - . .
• • • • • w . • - . • • b. •
• S.,.,tivn 14.54.1 is hcrcby addcd to read as follows:
Thcrc is hcrcby cstablishcd thc Edgcwatcr Bcautification and Trcc Committee which shall
consist of fivc (5) mcmbcrs who shall bc appointed by thc City Council. It shall be the responsibility
- • - - , - - -- • - .: . ' - - - , - : ••- - - , ;I : • • :: :• :I : • ::: :•.• .: •, :•-
;I : :, ; . • : ; • - • - � 1 . - • - � , - : :1 - � - - - : • • • : - ; ; - • • - ; - - -
ainl sln a i5 izl Cam- parks, along streets, and in othcr public arcas. Such plan shall bc presented
annually to the City Council and, upon thcir acceptance and approval, shall constitute the official
*tar comprehensive trcc plan for Edgcwatcr, Florida. Thc Committcc, whcn rcqucstcd by the City
or qucstion coming within thc scope of its responsibilities. Thc City Council shall adopt a resolution
rcgarding mcmbcrship rcquircmcnts for thc Committcc, tcrms, scicction of officers, quorum
rcquircmcnts, rulcs, regulations, kccping of a jettrnal and othcr rcquircd operating proccdurcs.
PART B. CODIFICATION.
Provisions of this 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.
passages are deleted.
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99 -0 -01 2
PART C. EFFECTIVE DATE.
This Ordinance shall become effective immediately upon adoption.
PART D. ADOPTION.
After Motion by and Second by , the vote on the first reading
of this ordinance held on January 11, 199, 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
After Motion by and Second by , the vote on the second
reading/public hearing 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
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99 -0 -01 3
PASSED AND DULY ADOPTED this day of , 1999.
`fir
CITY COUNCIL OF THE
ATTEST: CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Randy G. Allman
City Clerk Mayor
APPROVED FOR FORM
AND CORRECTNESS:
Nikki Clayton
City Attorney
low
Noe
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99 -0 -01 4
ORDINANCE NO. 99-0-02
AN ORDINANCE OF THE CITY COUNCIL OF
EDGEWATER, FLORIDA, AMENDING SECTION 12.5 -11
(CREATED), SECTION 12.5 -12 (MEMBERSHIP) AND
*oar SECTION 12.5 -13 (DUTIES) OF .ARTICLE II (PARKS AND
RECREATION BOARD), CHAPTER 12.5 (PARKS AND
RECREATION) BY CHANGING THE NAME OF THE
BOARD AND MODIFYING THE MEMBERSHIP, DUTIES
AND RESPONSIBILITIES OF THE BOARD; PROVIDING
FOR CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR CODIFICATION, AN
EFFECTIVE DATE AND ADOPTION.
WHEREAS, on May 17, 1982, the City Council adopted Ordinance No. 82 -0 -17
establishing the Parks and Recreation Board.
WHEREAS, upon review, in an effort to unite and utilize the knowledge and participation
of all, it has been decided to combine the Parks and Recreation Board and Edgewater Beautification
Irgaw
and Tree Committee.
WHEREAS, by this combination, the new Board will monitor, evaluate and participate in
activities that involve, beautification, recreation and historical preservation.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Edgewater,
Florida, as follows:
PART A. AMEND SECTION 12.5 -11 (CREATED) OF ARTICLE II (PARKS
AND RECREATION BOARD), CHAPTER 12.5 (PARKS AND
RECREATION) OF THE CODE OF ORDINANCES OF
EDGEWATER, FLORIDA.
Section 12.5 -11 is hereby amended to read as follows:
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99 -0 -02 1
Section 12.5 -11. Created.
There is hereby created the - - • - • - - - : - z : : Recreation Services
v Board which shall monitor and evaluate parks and recreational activities. beautification and historical
preservation within the city.
PART B. AMEND SECTION 12.5 -12 (MEMBERSHIP) OF ARTICLE II (PARKS
AND RECREATION BOARD), CHAPTER 12.5 (PARKS AND
RECREATION) OF THE CODE OF ORDINANCES OF
EDGEWATER, FLORIDA.
Section 12.5 -12 is hereby amended to read as follows:
Section 12.5 -12. Membership.
The Board shall consist of fivc (5) seven (7) members who shall be selected by a majority
vote of the city council and shall serve for a term of three (3) years. Terms of members shall be
r staggered; however, initial terms of office shall be as follows: Two members selected for three (3)
years, two (2) three (3) members selected for two (2) years and one two (2) members selected for
one year.
PART C. AMEND SECTION 12.5 -13 (DUTIES) OF ARTICLE II (PARKS AND
RECREATION BOARD), CHAPTER 12.5 (PARKS AND
RECREATION) OF THE CODE OF ORDINANCES OF
EDGEWATER, FLORIDA.
Section 12.5 -13 is hereby amended to read as follows:
Section 12.5 -13. Duties.
Upon request or recommendation by the Director of Parks and Recreation/Maintenance
Services. the board shall be utilized in review of various projects involving parks and recreational
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99 -0 -02 2
services, beautification of the city and historical preservation. Upon request, tThe board shall make
recommendations to the director and city council concerning the following areas:
(a) The board shall study recreational needs for persons of all ages in the city, and
recommend the acquisition and utilization of land and facilities for this purpose.
(b) The board shall study existing recreation activities in the city and assess future needs.
As such, the board shall recommend changes or additions to various activities and
programs.
(c) The board shall coordinate with organized groups within the city and outside the city
on matters or programs that affect recreation within the city.
(d) The board shall review and recommend land acquisition for public park purposes and
matters concerning land utilization and facilities improvements.
'ter (e) The board shall make recommendations to the city council concerning maintenance
and operation of city park and recreation facilities.
(f) The board shall study and recommend to the city council means for public and
private funding for public parks and recreation facilities and shall coordinate private
fund drives as necessary.
(g) The board shall provide broad policy recommendations to the city council on all
matters concerning public parks and city recreation.
The board shall provide recommendations regardingbeautification of city parks, city
facilities and various areas throughout the city.
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99 -0 -02 3
The board shall provide recommendations regarding historical preservation within
areas of the city.
PART D. 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 E. 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 F. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance ", may be changed to "section ", "article" , or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts D through H shall not be codified.
PART G. EFFECTIVE DATE.
This Ordinance shall become effective immediately upon adoption.
NOW
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99 -0 -02 4
PART H ADOPTION.
After Motion by and Second by , the vote on the first reading
.
of this ordinance held on January 11, 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
After Motion by and Second by , the vote on the second
reading/public hearing 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
'tow
passages are deleted.
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99 -0 -02 5
PASSED AND DULY ADOPTED this day of , 1999.
Nor CITY COUNCIL OF THE
ATTEST: CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Randy G. Allman
City Clerk Mayor
APPROVED FOR FORM
AND CORRECTNESS:
Nikki Clayton
City Attorney
err
sir►
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99 -0 -02 6