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12-21-1998 , - o o Votina Order Councilman Roberts Councilwoman Lichter Mayor Allman Councilman Gornto Councilman Hammond AGENDA CITY COUNCIL OF EDGEWATER REGULAR MEETING December 21,1998 7:00 p.m. COMMUNITY CENTER 1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE 2. PRESENTATIONS A. Introduction of new firefighters 3. 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.) 4. CITY COUNCIL REPORTS 5. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS 6. CONSENT AGENDA Items on the consent agenda are defined as routine in nature that do not warrant detailed discussion or individual action by the Council; therefore, all items remaining on the consent agenda shall be approved and adopted by a single motion, second and vote by the City Council. Items on the consent agenda are not subject to discussion. One of the most basic rules of a consent agenda is that any member of the City Council may remove any item from the consent agenda simply by verbal request at the City Council meeting. Removing an item from the consent agenda does not require a motion, second or a vote; it would simply be a unilateral request of an individual Council member. A. Board Appointment - Councilwoman Lichter's appointment to the Police Pension Board due to the term expiration of Ruth Garvey. Ms. Garvey requesting reappointment. B. Project Graduation 1998-99 - Requesting donation of $500. C. Volusia County Police Chief Association - Requesting donation of $500 to assist with expenses of the 1999 Florida Police Chief's Summer Conference. 7. OTHER BUSINESS A. Uniform Crime Reports for 1997 - Assessment of statistical data. B. Reorganization/Reclassification - Requesting approval concerning the recommended changes, and waive residency requirements (Sec. 2- 78) for Personnel Director, Planning Director and Building Director. C. Eckerd Drugs Final Plat Approval - Recommending approval of final plat for a three lo~ subdivision. Continued on page 2 ,- o o City Council of Edgewater December 21, 1998 - Agenda Page -2- 8. OFFICER REPORTS A. City Clerk B. City Attorney C. City Manager 1) Reschedule the January 4, 1999, Council meeting to January 11, 1999. Cancel the January 18, 1999, Council meeting due to Martin Luther King holiday. 2) Donation of two City surplus patrol vehicles to Dixie County Sheriffs Department. 3) YMCA Update. 9. GENERAL CITIZEN COMMENTS/CORRESPONDENCE 10. 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\ 1221gB.reg ••• .• • Who to Call When You Need Help New Smyrna Beach, Edgewater, Oak Hill Senior Resources If you need: Call • Medical care . To find a medical specialist 424 -5000 Bert Fish • Support group Medical Center • Medical care at home . To make an appointment for tests • Home delivered meals 423 -5316 • To find a dining and activity center (9AM -5PM) Council on Aging of • Help understanding insurance bills or Volusia County • Help caring for an older loved one 1 - (888) - • Widow /widower support group 252 -6110 • Employment opportunities for seniors (24 hours) • Aid and support in dealing with 424 -2220 New Smyrna Beach crimes against you Police Department . Help during an unforeseen emergency Victim Advocate • Help in a life threatening situation 911 . To find reputable businesses and SouthEast Volusia services 428 -2449 Chamber of Commerce • Opportunities to become more involved in your community . Information on bus schedules . Door to door transportation for 761 - 7700 Votran persons with physical and/or mental impairment • Inoculations 424 -2066 Health Department • Screenings • Government subsidized housing 428 -8171 The Housing Authority CALL: First Call for Help 427 - 7714 when you don't know who to call , 6.A . AGENDA REQUEST Date: December 9, 1998 41r PUBLIC HEARING RESOLUTIONS ORDINANCE OTHER CONSENT ✓ BUSINESS CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: Request for appointment to the Police Pension Board to fill an expired office. BACKGROUND: Ruth M. Garvey was appointed to the Police Pension Board December 16, 1990, and requesting reappointment, per attached letter. RECOMMENDATION /CONCLUSION: Council decision. FUNDS AVAILABLE (ACCOUNT NUMBER) N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/A FINANCIAL IMPACT: No Impact FUNDS AVAILABLE: ACCOUNT NUMBER: N/A I PRESENTED BY: de-,,,) , r-, LJo Richard, Recording Secretary, Police Pension Board lotor Jas Edgewate ..Magon and City Cowwie glom: glut& ht. gwwe* Date: Decem1en 7,1998 5?e- appointment to the `.I'o.P. ice 9'enoiatt J`3oand 1 x , .My, tenuxe ao a mesnket of the . aeice .Penoian 53aaud wi �e coming to a dale an Decemteet 16, 1998. With you penmiooion,.7 would eife to continue kiwi a me,mhen of the Yenoiwt 9Jaaud tan mane:. teen. at thin tittle, .7 am aequeoting fc youft cartaicletatian m,. ue- appointment to the Edyewaten `.Police 9'enoian 113aaad. S hcanli you fox yew', time. gleopectfulty. out milted, ....--e-z-d9t c2 -----7--- -_ t f ns 10 17 OUR 22- , � r k THE CITY OF EDGEWATER ;" '; ` ti, , ;' t , , POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100 t, :,:i0,, _ . " APPLICATION FOR APPOINTMENT TO CITY BOARDS, AGENCIES OR COMMITTEES ' , �.�( id/ �C/ . P • ,..0 ---:, NAME ; ! ADDRE /l .vn / r 1 S ky \ C: � LI ..4.: . �. 1p HOME PHONE U / - If 01,3 ' /, 5" BUSINESS PHONE /11 • k 1 wq ` i t ^ ' at Aco OCCUPATION f-t>/' } n , V Are you a resident of Edgewater How long ''Is your principal place of employment in Edgewater? /l2,q if yes how long? Briefly state your int serving on a City board, agency or committee: (8r - � = � CI-- J 0 C tV (2 �^-rr ' r t r s / Gam° , _ ` � , , ��. :,. � _ _ tom' Are you a r voter? ,'t:. . Do yo hold public office? ,-l1� Are you employed by the V City? ' ,,. 2'h� ?; they= =pre time, do you serve on any other Boards, Agencies, or committees ? - If so, list each — . ;' Have you< eve served one anygboards, agencies, or committees? If so, list e h a /}V7 / , 5 T. L 447,, ' (BOARD; AGENCY AND COMMITTEE.,MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE ,!FINANCIAL DISCLOSURE FORMS EACH YEAR) . s ,. I PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU :` •`: WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER St � "a 'ANIMAL CONTROL BOARD S CONSTRUCTION REGULATION f :'7 ' BOARD t, • / C ITIZENS CODE ENFORCEMENT xf FIRE PENSION BOARD 4 GENERAL EMPLOYEES PENSION ,.is ECONOMIC DEVELOPMENT 3 LAND DEVELOPMENT & REG. AGENCY 9 LIBRARY BOARD ; POLICE PENSION BOARD / O PARKS AND RECREATION BOARD / a VETERANS PARK ADV. COMMITTEE 1/ SENIOR AD HOC COMMITTEE SI GNATURE el4/1 6 P ` DAT : v / ? ** SEE REVERSE SIDE FOR LISTING OF BOARDS, AGENCIES AND COMMITTEES ** THE CITY OF EDGEWATER POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100 APPLICATION FOR APPOINTMENT TO CITY Nay BOARDS, AGENCIES OR COMMITTEES NAME ,/2 eicTie r' ADDRESS 6o Wee 167 7 )UelerN Alm District 3 (� / (Staff will supply district number) HOME PHONE 7 C 7 4 '7- 37`7L9 BUSINESS PHONE q(' 2 8 2 / OCCUPATION ELEC/ - ze ei Are you a resident'of Edgewater yf'C How long 'S Is your principal place of employment in Edgewater? ye.S if yes how long ? / Briefly state your interest in serving on a City board, agency or committee: 'irr► State your experience /qualifications mas —iek e Pl:f ((,Q61 �1(W n rn(] ,t n basins Since Are you a registered voter? yes Are you employed by the City? Ar0Do you hold public office? Ain At the present time•' do you serve on any other Boards, Agencies, or committees? Air) If so, list each: Have you ever 'served on any boards, agencies, or committees? iV If so, list each:, 4 1W' Nur (BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER ANIMAL CONTROL BOARD GENERAL EMPLOYEES PENSION BOARD BEAUTIFICATION & TREE COMMITTEE LIBRARY BOARD CITIZEN CODE ENFORCEMENT BOARD PARKS & RECREATION BOARD CONSTRUCTION REGULATION BOARD PLANNING & ZONING BOARD , ECONOMIC DEVELOPMENT BOARD D ✓/ POLICE PENSION BOARD FIREFIGHTERS P1WSION BOARD VETERANS PARK ADV. COMMITTEE SI GNATURE DATE: ** SEE REVERSE SIDE +•R LISTING ' , : *ARDS, AGENCIES AND COMMITTEES ** (REV 10- 30 -97) 05- 05- 98A08 :31 RCVD AGENDA REQUEST Date: December 9, 1998 PUBLIC HEARING RESOLUTIONS ORDINANCE OTHER CONSENT BUSINESS December 21, 1998 CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: Request for donation for Project Graduation 1998 -99. BACKGROUND: Attached is a request for a donation for Project Graduation, which is received annually. Although funds were not allocated specifically for this project under the Council Promotional line item of the budget, traditionally the Council has approved a donation. The donation for the last three years were each $500. RECOMMENDATION /CONCLUSION: Council consider donation of $500. FUNDS AVAILABLE: (ACCOUNT NUMBER) 10511 - 53430 Council promotional (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES X NO DATE: February 2, 1998 AGENDA ITEM NO. 8.G. Respectfully submitted, ,,,,. ennet ' . Hooper City Manager :ej Attachment c:\agendare \projectg.99 • RECEIVE( DEC 09 1998 SUPPORT Cinf MANAGPROJECT GRADUATION 1998 -99 P.O. BOX 2712 r NEW SMYRNA BEACH, FL. 32170 -2712 PROJECT GRADUATION is a nonprofit organization of parents, whose goal is to keep the Senior Class of New Smyrna Beach safe on graduation night. Our efforts are also geared to foster memories of graduation, as a very special event, and to award scholorships to deserving Seniors. Statistics from the National Safety Council report that someone dies in a crash involving a drunk driver every 23 minutes. In Florida, last year, 946 crashes involved drunk drivers from ages 15 -19. This is why we, the Parents of New Smyrna High School Seniors, find PROJECT GRADUATION to have such an important purpose. Plans are now being made for the Class of 99 to enjoy an alcohol and drug free evening, the night of graduation. The all night celebration, complete with food,entertainment, and prizes has become a school tradition and this year's graduating class will, with our help, continue the traditional celebration. PROJECT GRADUATION can continue only through the generous support i `'' of community leaders, like yourselves. If you have contributed in the past, we appreciate your support and ask that you continue to help. If you are new to this PROJECT, please join the group of special people whose donations and support will make this evening successful. DONATIONS CAN BE MADE =( CHECKS PAYABLE TO:) PROJECT GRADUATION P.O. BOX 2712 NEW SMYRNA BEACH , FL. 32170 Any Area Businesses wishing to donate prizes or scholarships, please contact any of the PROJECT GRADUATION BOARD MEMBERS. Unless you request otherwise, all donations will be recognized. THANK YOU VERY MUCH FOR YOUR GENEROSITY AND SUPPORT! 1998 -99 PROJECT GRADUATION BOARD MEMBERS: David Earley 427 -5082 Kay Jones 427 -1347 Now Rick & Lynn Nelson 424 -0184 Jan Piazza 427 -5592 Eddie Crain 423 -7619 Janice Abdalian 423 -3142 Patsy Weeks 427 -7333 Linda Dahlquist 427 -0352 Dale Paternoster 427 -1565 Lolly Bernys 409 -8659 AGENDA REQUEST C.A. NO.: DATE: December 14,1998 PUBLIC HEARING RESOLUTION ORDINANCE CONSENT OTHER BUSINESS roc CORRESPONDENCE ITEM DESCRIPTION/SUBJECT: Respectfully request the donation of five hundred $500.00 dollars to off set the cost of the 1999 Florida Police Chiefs' summer conference hosted by the Volusia County Police Chief Association. BACKGROUND: The Volusia County Police Chiefs' Association has agreed to request their respective cities to assist our organization (V.C.P.A.) with a donation of $500.00 to assist with the expenses of the 1999 Florida Police Chiefs' Summer Conference. The total cost of the conference will be approximately $20,000 BUDGETARY IMPACT: Five hundred dollars ($500.00) from general fund RECOMMENDATION /CONCLUSION: Respectfully request your assistance in this matter. Five (5) cities have fulfilled the request as of this date err FUNDS AYAILIABLE: ACCOUNT NUMBER:: 51k — S 3' - kvC) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED): no Previous Agenda Item: YES NO X Date: Agenda Item No. Respectfully submitted, Concurrenc . Chief Lawrence F. Schumaker enneth R. Hooper Police Department Interim City Manager • Nikki Clayton City Attorney LFS /pt ltf arintellt ' fr CITY 1r ,o - ' •TER Vv POST OFFICE BOX 'ATER, FLORIDA 32132 (904) 424 -2'. 904) 424 -2431 s" LAWRENC " 1 -4 .CHUMAKER CHIEF OF POLICE TO: Kenneth Hooper, City Manager FROM: Lawrence F. Schumaker, Chief of Police • DATE: December 11,1998 SUBJECT: Assessment of 1997 crime in Florida as published in the U.S. Department of Justice, Uniform Crime Reports, CRIME IN THE UNITED STATES 1997, November 22,1998 1. The United States Department of Justice, Federal Bureau of Investigation, has just released the Uniform Crime Reports for 1997, CRIME IN THE UNITED STATES. Using the *try statistical data from this document, I submit this annual report. I am extremely pleased to inform you that the report reflects the City of Edgewater in a very positive manner with reference to criminal activity and Class 1 crimes. The crime index total for the City has not appreciatively increased over the past two years. Crime index of 667 in 1995, 686 in 1996 and 690 in 1997. During this same time frame (1995 - 1997) the city's population has increased 631 residents from 18,345 in 1995 to 18.976 in 1997. 2. The purpose of this report is to inform the city manager, city council, other government officials, the business community and the most affected and concerned, the general public as to the nature of the crime problem in Volusia County in general, and the City of Edgewater in particular. The quantitative statistical data derived from the 1997 Annual Uniform Crime Report and F.D.L.E's Criminal Justice Information System is hereby presented to provide clearer understanding of the overall scope of the reported criminal activity in the City of Edgewater. It will aid in making effective management and budget decisions for FY 99- %we 2000. Page 2 3 I have extrapolated the data available from the Department of Justice and the Florida Department Of Law Enforcement to identify every city or community within Florida that has a similar population range of ( 17,000- 21,000). Edgewater's population was listed as 18,976, which is consistent for comparison purposes. The report reflects a reasonably accurate portrayal of the crime problem in this city when compared to similar sized Florida cities, bearing in mind that each community has its own set of unique features which impact either negative or positive on the crime index of any given city. It should be noted that this report is not a scientific analysis but a reasonable view of how Edgewater Police Department performed in carrying out its responsibilities. 4. The data contained in this report is taken directly from the U.S. Department of Justice, Federal Bureau of Investigation, Uniform Crime Reports, Crime in the United States, 1997. Fig. 1: State of Florida , ranking by least amount of reported crimes in communities of 17,000 to 21,000 population : RANK CITY CRIME INDEX POPULATION POLICE EMPLOYEES SWORN - SUPPORT - TOTAL Niiry 1 Venice 524 17,561 46 21 67 2 EDGEWATER 690 18,976 33 12 45 3 Temple Terrace 756 17,175 47 21 68 4 Rockledge 936 18,632 38 12 50 5 Royal Palm Beach 1026 20,344 39 14 53 6 New Smyrna Beach 1034 18,670 51 16 67 7 Tarlxxi Springs 1 109 20,356 45 15 60 8 Cocoa 1112 11,235 68 23 91 9 Casselberry 1398 21,578 50 20 70 10 Leesburg 1477 20,391 54 18 72 11 Vero Beach 1547 19,048 46 21 67 12 Jacksonville Beach 1896 19,073 54 22 76 13 Belle Glade 2058 17,236 49 12 61 14 Opa Locka 2521 17,163 39 15 54 15 Deland 2545 18,959 58 23 81 The statistical data that established the foundation of this analysis indicates that the population of Edgewater 18,976 exceeds both Deland's population of 18,959 and New Smyrna Beach 's population of 18,670 and thus is now the fourth largest city in the county. Edgewater is now ranked behind Daytona *ow Beach's 67,891, Port Orange's 41,514 and Ormond Beach at 33,345. This chart reflects the effectiveness of the police services and the corresponding budget. We do better than most with Tess. The average total police employees for the above cities is 66.9 compared to Edgewater's 45.0. Page 3 5. Fig.2: Volusia County rankings of the eight major cities in reported Class 1 Crimes for 1997 RANK CITY POPULATION CRIME CRIME PER CENT 96 INDEX 97 INDEX CHANGE 1 South Daytona 12934 455 635 + 28% 2 EDGEWATER 18,976 686 690 + 0.5% 3 Pt. Orange 41,514 926 1017 + 9.0% 4 New Smyrna 18,670 952 1034 + 8.0% 5 Holly Hill 11,895 1286 1174 - 8.0% 6 Ormond Beach 33,345 1376 1513 + 10.0% 7 Deland 10,9.59 2449 2545 + 3.9% 8 Daytona Beach 67,891 7685 8088 + 5.2% The statistics in this chart reflects less than a one- percent increase of the EDGEWATER Crime Index and the relationship to other Volusia County Major cities that which averaged a 8.01% increase. 6. As Chief of Police, I would like to publicly express my sincere appreciation to the dedicated men and women of the Edgewater Police Department, who have worked diligently to make this community one of the safest in the State of Florida. I recognize that none of this would be possible without the support of the City Manager and City Council in providing the funding and facilities to operate a professional an effective police department. LFS /pt CITY OF EDGEWATER City Manager's Office MEMORANDUM err►' DATE: December 15, 1998 1 TO: Mayor and City Council \ k\k FROM: Ken Hooper, City Manager SUBJECT: Reorganization/Reclassification As authorized by City Council on August 7, 1998, the City's Public Works/Engineering Department was reorganized and the duties and functions distributed to Mr. Terry Wadsworth and Mr. Jack Corder. The reorganization resulted in the creation of a new department (Environmental Services) under the direction of Mr. Wadsworth and a retitled department (Parks and Recreation/Maintenance) under the direction of Mr. Corder. Operations under the reorganization have gone well and the City has obtained a more cost - effective, accountable and better managed field operations group. After approximately four (4) months of operation, some minor tune -up and changes are warranted. Four (4) positions within the Street Maintenance section of the Parks and Recreation/Maintenance Department will be better utilized by %r placing them within the Environmental Services Department. This will centralize all right -of -way mowing and maintenance services within one department and under the supervision of one individual. The employee responsible for street sign construction, maintenance and installation will remain with the Parks and Recreation/Maintenance Department. Sign maintenance and installation within the Parks and Recreation/Maintenance Department will provide better cross - training opportunities and enable the City to reduce possible liabilities due to better periodic sign maintenance. Sign construction and maintenance for all buildings and roadways will be coordinated by one individual. As a result of the elimination of several (seven) mid -upper management positions, many duties and job responsibilities throughout the City have changed and should be addressed. An example of changed conditions is the increase in accountability and responsibilities of the employees within the Finance Department. With the elimination of the Finance Director /Assistant City Manager position and the promotion of the Assistant Finance Director, many duties that were previously the responsibility of the Assistant Finance Director have been delegated to other existing positions throughout the department. Other functional changes, such as improved capital budgeting and formal purchasing procedures, have resulted in changed responsibilities for many existing positions. This department has greatly increased responsibilities and accountability, yet has fewer personnel ' to complete the work tasks. The changed working conditions may be reflected in modified job titles, job descriptions, service grades and compensation. Similar conditions exist within other departments that have changed responsibilities and staffing. The effected departments include the Fire Department, Building Department, Planning Department and Personnel Department. Reorganization/Reclassification December 15, 1998 Page -2- The enclosed proposed reorganization is the final step in streamlining and modifying the City's role Now and staffing for FY98/99. The proposed changes are recommended to complete the reorganization that was initiated in early FY97/98 by me. The following are changes in titles and/or grades: Building: • Building Division Manager /Grade 26 to Building Dept. Director /Grade 30. ($3,411.00) • Licensing/Permit Technician /Grade 15 to Grade 16. Total budget impact of $3,411.00. City Clerk: • Admin. Secretary to City Clerk/Grade 16 to Deputy City Clerk/Grade 17. No budget impact. Environmental Services Department: • Stormwater Service Worker /Grade 13 to Grade 11. • Cross Con/Reclaimed Water Inspector /Grade 11 to Grade 12. • Mechanic /Grade 11 to Grade 12. • Utilities System Technician /Grade 13 to Grade 14. Now • Lead Mechanic /Grade 13 to Grade 16. • Stormwater Heavy Equip. Operator /Grade 13 to Stormwater Canal Maint. Tech. /Grade 14. • Stormwater Skilled Equipment Operator /Grade 12 to Grade 13. No budget impact. Finance: Change the following titles and grades: • Finance Clerk III/Grade 17 to Finance Dept. Admin. Assistant/Grade 20. ($1,332.00) • Utility Billing Clerk/Grade 14 to Utility Billing Coordinator /Grade 17. ($955.00) • Finance Clerk II/Grade 15 to Accounts Payable Technician /Grade 16. • Finance Clerk I/Grade 13 to Purchasing Technician /Grade 16. ($1,390.00) • Customer Service Rep /Grade 12 to Customer Service Representative /Grade 13. Total budget impact of $3,677.00. Fire Department: • Appoint Tracey Barlow to position of Fire Chief at 35. Initial budget impact of $4,395.00. fir•• Parks and Recreation/Maintenance: • Equipment Operator to Maintenance Worker. • Maintenance Supervisor to Grounds & Facility Maint. Superintendent. No budget impact. Reorganization/Reclassification December 15, 1998 Page -3- Planning Department: • Planning Division Manager /Grade 26 to Planning Dept. Director /Grade 30. • Planning & Development Admin. Sec. to Planning Dept. Admin. Secretary. No budget impact. Personnel: • Appoint Deborah Sigler to position of Personnel Director at Grade 30. • Personnel Admin. Secretary /Grade 13 to Personnel Technician /Grade 16. ($1,577.00) Total budget impact of $1,577.00. KRH:ejm fir• c:Umemos\reorgcla. s98 ADMINISTRATION § 2 -79 (1) All department heads hired after the effective date of this article shall within six (6) months from the completion of their probationary period become residents within the cor- porate limits of the City of Edgewater as their principal place of abode. (2) The city council may grant a one time six -month extension to the requirements of this article. However, in no event compliance with the requirements of this article shall ex- tend beyond eighteen (18) months from the date of em- ployment. (Ord. No. 88 -0 -24, § 2, 10 -3 -88) Sec. 2 -78. Exemptions. The city council may waive the above requirement if it finds said waiver to be in the best interests of the health, safety and welfare of the City of Edgewater. Said waiver shall include but not be limited to the following: (1) The nature of the work. (2) The location of the work. (3) Individual hardship. (4) Any other pertinent facts concerning the individuals' em- ployment. (Ord. No. 88 -0 -24, § 3, 10 -3 -88) Sec. 2 -79. Appeals. (a) The city council may hear any appeals or request for a waiver after written notice by the aggrieved department head. A hearing shall be conducted within thirty (30) days of the receipt of the written notice and the department head shall be given the opportunity to be heard and present all pertinent facts and wit- nesses on his/her behalf. (b) For the purposes of this article, residence and abode shall mean principal place of residence and domicile within the corpo- ,, rate limits of the City of Edgewater. A part -time or casual resi- dence within the city in addition to a permanent home outside the the city does not satisfy the requirements of this article. (Ord. No. 88 -0 -24, § 4, 10 -3 -88) Supp. No. 30 221 .0 AGENDA REQUEST Date: December 15, 1998 PUBLIC HEARING RESOLUTION ORDINANCE CONSENT AGENDA OTHER BUSINESS 12 / ? CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: Eckerd Drugs (Cove / Macomas Joint Venture) is requesting final plat approval for a three lot subdivision. BACKGROUND: In June of 1997, an application for preliminar plat was submitted and subsequentl approved for the subdivision of a 5.56 acre tract into three lots, known as Eckerds @ Edgewater. The required infrastructure improvements (water, sewer, reclaimed water, construction of Alamanda Drive and associated relocation of the 18th Street canal) are in place. All required bonds (performance and maintenance) have been provided as per the Land Development Code. �Wrr Ownership of the platted parcel shown as Lot 1 will be in the name of Cove Macomas Joint Venture #1. Ownership of platted parcels shown as Lot No. 2, and Lot No 3, Tract A and Tract B will be b Magnuson Properties, a Florida General Partnership and /or Mo Famil Partnership, a Florida General Partnership. All State, Municipal and County taxes are paid and there is no delinquenc The Planning and Zoning Board on October 28, 1998, recommended approval of the final plat to Council. RECOMMENDATION /CONCLUSION: Staff recommends approval of the final plat. FINANCIAL IMPACT: N/A FUNDS AVAILABLE: Account Number: N/A (Specify if Budget Amendment is Required): Page -2- Eckerd Drugs - Final Plat Approval •� PREVIOUS AGENDA ITEM: YES NO X Date: Agenda Item No. Respectfully submitted: CCU IL-CZ Lynne Plaskett Planning Division Manager Concurrence: firr Kenneth R. Hooper City Manager (1 -ali,/ ikki Clayton Cit Attorne No rr` LP:smp c: Ali raAagenda. ms D9701 To : City Manager Kenneth Hooper From : Chief Lawrence F.S'hmnakps • Date : 14 December 1998 Ref Surplus Vehicles Sheriff Dewey Hatcher of the Dixie County Sheriffs Department has been placed in a very bad budget constraint and is in desperate need of patrol vehicles . He heard we had one with a blown engine and asked (see attached letter) what would have to be done to acquire it .As per our conversation we both felt that donating the vehicle was the best option . Upon checking the public works compound it was found that one other old patrol vehicle that was being utilized by another department had a blown engine . It is my recommendation that we donate the below vehicles to Dixie County Sheriffs Department free of charge and that they make all transportation costs . 1. 1994 Ford Crown Victoria VIN 2FALP'71 W4RX 160276 Mileage 92,137 ` rr.► 2, 1994 Ford Crown Victoria VIN 2FALP71W8RX177386 Mileage 102,000 3. Two old cages to fit these vehicles Saw • DEC. 14. 1996 3:18AM P 2 FROM : Pa.nasonic PPF ,i■ v!t. �'t S . � DEWEY H. HATCHER • DIXIE COUNTY , triff ' MEMBER FLORIDA SFIERII ASSOCIATION , BOX 470 • CROSS CITY, FLORIDA 32628 -0470 Nor (352) 498 -1220 • FAX (352.) 498 -1226 December 11, 1998 Lawrence F. Shumaker, Chief Edgewater Police Department P.O. Box 100 Edgewater, FL 32132 Ref 1995 Ford Crown Victoria Police Car Dear Chief Shumaker, Due to budgetary constraints, 1 have been looking for used patrol vehicles for use within our department. During this search we have learned that your agency has a 1995 Ford Crown Victoria with a "blown" engine. We would like to acquire this patrol car from your agency and place it into use. We understand that we will be responsible for any transportation costs in transporting the vehicle to Dixie County and would be willing to work around your schedule in doing so. Thank you for any and all consideration in this matter of assisting us equip our officers with one of their most essential items. Respectfully, 6 .6e.Vjey W A Dewey H. Hatcher, Sheriff cc: Lt. Britain err \ MEMORANDUM OF AGREEMENT BETWEEN THE \ \. CITY OF EDGEWATER and YMCA This Memorandum of Agreement is made and entered into by the CITY OF EDGEWATER, a Florida municipality, (hereinafter referred to as "City "), and the DAYTONA BEACH YOUNG MENS CHRISTIAN ASSOCIATION, INC., a Florida non -profit organization, (hereinafter referred to as "YMCA "), and is duly attested to by the signatures of authorized officials of each organization. PURPOSE This Agreement is to propose the use of new recreational facilities on City -owned land located on the twenty -six (26) acres on Turgot Avenue, Edgewater, Florida (commonly referred to as the "Recreation Complex "). The City and YMCA are committed to work together to provide high quality education, health, fitness and recreation programs to the local citizenry. The City and YMCA will build a new recreational facility at the Recreation Complex. The facility shall be owned by the City and will be managed by the YMCA. COVENANTS and AGREEMENTS 1 Appointment of the YMCA The City grants the YMCA sole and exclusive rights to manage and maintain the recreational facility. The YMCA will operate traditional recreational programs as a membership -based organization. 2. Major Responsibilities of the YMCA a. General The YMCA shall establish and use its best efforts to manage and operate the City's (Agreemnt /YMCA) 1 recreational facilities diligently, cost effectively and professionally, in the best interests of the City and the YMCA, and in accordance with industry standards. The YMCA will provide professional staffing necessary to ensure high quality recreational programming during the specified operating hours. b. Hold Harmless The YMCA agrees to hold the City harmless from any liability occurring out of its use of the recreational facilities and equipment. When other groups are using the recreational facility or a part of the facility, those users will be held responsible for their activities and have insurance coverage in an amount acceptable to the YMCA and City, naming the YMCA and the City as additional insured on liability coverages and loss payee as the City's and the YMCA's interest may appear on property coverages and shall indemnify and hold harmless the YMCA and the City from claims arising out of or in connection with their use. c. Insurance The YMCA agrees to carry insurance, and submit proof of same, on the contents of the building as well as to carry the appropriate personal injury insurance to cover the activities in and around the facilities. The YMCA shall provide the City with proof of general liability, vehicular liability and workman's compensation insurance covering the YMCA in an amount of one million dollars ($1,000,000) for its operations at the Recreation Complex. Proof of insurance and levels of coverage will be updated on a yearly basis. The City of Edgewater shall be a named insured under the YMCA policy and appropriate binder shall be issued and delivered to the City (Agreemnt/YMCA) 2 with the required coverage. The insurance policy may not lapse, be canceled, or amended without at least thirty (30) days prior written notice to the City. d. Facility Maintenance The YMCA will maintain the facilities in a safe and attractive condition and provide ongoing security and janitorial services as well as maintenance contracts such as air conditioning, swimming pool, fire alarm, exterminator, trash collection and removal. e. Subletting The YMCA will not sublet the facilities to any third party without the express written consent of the City, this consent not being unreasonably withheld. f. Responsibility for Utility Payments The YMCA agrees to pay all water, sewer, electric and sanitation services customarily charged by the City. g. Non - Discrimination 1. Open to All. All YMCA programs and activities shall be open to all without regard to age, race, religion, color, sex, place of residence, or national origin and meet all ADA requirements. 2. Membership Fees. It is understood typical YMCA membership fees may be charged for persons wanting to participate in the various programs available, a chart of current membership fees hereby approved by the City and YMCA are hereby attached and incorporated herein as Exhibit "A ". The YMCA agrees that any request for modification of fees will be reviewed by City Staff and approved by Council. (Agreemnt /YMCA) 3 3. Scholarships. The YMCA agrees that the scholarship program will be available for City residents that are financially unable to afford current membership fees. The YMCA agrees to the scholarship eligibility requirements which are attached and incorporated herein as Exhibit "B ". The YMCA also agrees to seek financial assistance to include those who cannot afford the fees within the limit of YMCA resources. 4. Use by Outside Groups. The YMCA shall make available opportunities for other duly recognized community organizations to use the facilities, at a reasonable charge to cover expenses, and on a space available basis, and when access does not interfere with membership services or regular YMCA programs. City shall have first right of refusal for available space within the facilities. h. Taxes The YMCA shall have sole responsibility for the collection and remittance of applicable sales and use taxes. Failure of the YMCA to pay shall constitute grounds for the immediate cancellation of this Agreement by the City. Both parties recognize that the YMCA will continue to maintain their tax - exempt status as a 501 ©(3). Signage Any signage installed by the YMCA shall be approved by the City Council and meet the requirements of the ordinances of the City of Edgewater, unless a variance thereto is granted by the City Council of the City of Edgewater. 1. Exterior Identification. The YMCA shall install a YMCA logo on the (Agreemnt /YMCA) 4 recreational facility and shall use the name "Edgewater Family YMCA ". All signage must meet current City of Edgewater building codes. 2. Interior Signs. The YMCA may install and shall neatly maintain interior directional, programmatic, promotional, and functional signs. All shall be properly installed and maintained. j. Representation The YMCA will provide to the City an allocation of one voting position as a director on its Edgewater Branch Board. The position as a member of the "Edgewater Family YMCA" Board of Directors shall be appointed by the City Council. k. Annual Review At least once per year, in the early Spring, the YMCA will invite the representatives of the community, the membership, City Staff and City Council to review the previous year's programs and operation and to discuss program needs and directions. The YMCA will make available to the City on an annual basis its financial records for accounting purposes. Information shall include actual revenues and expenditures for the prior year and proposed revenues for the following year. The YMCA will also coordinate semi - annually (March - October) with City Staff for inspection of the premises and equipment along with coordination and review of the various programs operated and offered by the YMCA. The City Council shall have the right to review and approve the annual listing of programs offered by the "Edgewater Family YMCA ". The City shall review the programs as a component of the City's annual budget review. (Agreemnt /YMCA) 5 1. Initial Investment The YMCA will raise a minimum of $ in cash and pledges to be used for design and construction of the new recreational facilities as a whole or in a phased construction program. Initial start-up costs for the operation and capital equipment may also be included in this amount. If phased construction is requested, said phases will be completed in a timely manner as determined by availability of funding. If necessary, the time frame for phased construction will not exceed eighteen (18) months without approval of the City Council. m. Repair, Replacement & Improvements The YMCA shall provide for regular and customary repair, replacement and improvements of furniture, fixtures and equipment as needed during the term of this Agreement. The YMCA will commit to the City $ to be paid over a year period. The (10) payments will be in the amount of $ each and shall be due and payable on the first day of of each year beginning (October 1, 1999). Said payments shall be held in an RR &I account by the City for use exclusively at the above - described facilities being managed by the YMCA. Interest earned on any funds held in the RR &I account shall stay in the account. The YMCA may access the RR &I account by submitting a requisition for funds for repairs and the City Manager of the City of Edgewater or his designee shall approve any request for funds in an amount of $10,000 or less. Should (Agreemnt/YMCA) 6 any request for funds for repairs, maintenance, or operation be in an amount exceeding $10,000, said request shall be made to the City Council. n. Debt Service The YMCA shall not make any representations to any financial institution that would obligate the City for payment of any loans to the YMCA. The YMCA shall not offer the recreational facility or 26 acre site in any form as an obligation for debt amount by the YMCA. Any commitments for debt by the YMCA for the "Edgewater Family YMCA" facility shall be reviewed and approved by the City Council. o. Alterations and Improvements The YMCA shall not make any permanent or temporary alterations, improvements or additions to the recreational facilities without the prior written consent of City Council. Any alteration, improvement or addition to the facilities, approved by the City shall be designed, constructed, installed and maintained in a good, safe and workmanlike manner, complying with all applicable building codes and regulatory permitting requirements and shall be paid for in full by the YMCA. Any such alteration, improvement or addition to the facilities shall become the property of the City, unless otherwise agreed to in writing by both parties. 3. Responsibility of the City a. Hold Harmless. The City agrees to indemnify and hold harmless the YMCA from any negligence on behalf of the City of Edgewater and/or its employees, agents or assigns as a result of the City's operation or use of the facility. b. Facility Maintenance. The YMCA will be responsible for maintenance of the (Agreemnt /YMCA) 7 recreational facility. c. Grounds Maintenance. The City will perform all landscape maintenance of the grounds outside all facilities and surrounding the swimming pool, and all adjacent parking lots. d. Advertising and Promotion. YMCA must receive the City's prior written approval on all proposed advertising and promotions relating to the facilities or the YMCA program that reference the City in any way, including but not limited to the City's name, logo, or activities. 4. Shared City -YMCA Responsibilities a. Design of Complex/Facilities. The City and YMCA will jointly design the recreational facility /complex that will include, but not be limited to the following: floor plan, color scheme, asthetic design, elevation design. The initial design and permitting of the recreational complex shall be accomplished to incorporate the expandability of the facility for a phased build out. The facility /complex will be in compliance with the standard building codes and will meet emergency management requirements to be designated as an emergency shelter. b. Facility Usage. 1. Provision of YMCA Memberships to the City. The YMCA shall provide one hundred (100) adult memberships at one half of the regular adult fee for qualified City of Edgewater full -time employees. In addition, the YMCA will waive the joining fee. This rate will be effective for two (2) years from the contract signing date. The City of Edgewater membership privileges will (Agreemnt /YMCA) 8 be reviewed and discussed in August 2001 for the fiscal year 2000 -2001. Such memberships are not interchangeable. 2. Use of the Facilities. The YMCA will make the facilities available to the City for use at least four (4) times per year providing the request is made at least thirty (30) days in advance and does not cause a scheduling conflict. 3. Use of Community Building. In scheduling this facility, the YMCA will give first priority to serving YMCA and community constituents who are qualified to meet the guidelines as defined by HUD income guidelines for low to moderate income families. The YMCA must keep records to help substantiate activities and usage of the Community Center to determine that not less that 51% of the users meet this requirement. The YMCA must assure that the programs and services they provide will be affordable and available to low and moderate income residents of the community. The YMCA will provide the appropriate periodic reports and data necessary for review of compliance. 4. Programs are not in Competition. The City and YMCA agree, as a basic starting point, to meet regularly as needed to review programs and proposed schedules and to assure that any program competition is minimized. 5. Emergency Use. In the event of a natural disaster or other unforeseen emergency, the YMCA shall make the facilities available to the City as deemed necessary by the City for emergency preparedness and operations and as an emergency shelter for area residents. (Agreemnt /YMCA) 9 c. Security 1. The YMCA may, at its expense, install door alarms and other such security devices as it deems necessary. 2. Video security will be a YMCA option and cost, unless the City deems it a requirement. 3. As- needed, the YMCA will provide staff to monitor buildings and provide security protection, especially during special late events. d. Limits of Responsibility. Neither the YMCA nor the City shall have the power, right, or authority, expressed or implied, to act or perform its duties in such a way as to commit, obligate or bind the other, except as expressly provided in this Agreement and only to the extent specifically set forth herein. 5. Term of the Agreement a. Duration The term of this Agreement shall be 30 years, with a contract review every 10 years by both parties. The Agreement may be renegotiated and renewed at the end of the 30 year term upon the mutual written consent of both parties. b. Starting Date This Agreement shall begin when both parties shall sign this contract. c. Fee The fee shall be $1.00 per year, payable at inception and each January 1" thereafter or may be paid in advance for the duration of the term of the Agreement. d. Termination of the Contract (Agreemnt /YMCA) 10 1. Default by the YMCA. Should the YMCA default on the terms of this Agreement and fail to cure the default within thirty (30) days after written notification from the City, the City Council may terminate this Agreement on ninety (90) days written notice. 2. Mutual Agreement. This contract may be voided by mutual agreement. 3. Bankruptcy. This contract is void if the YMCA undertakes voluntary or involuntary bankruptcy. 4. No Financial Penalties. There will be no financial penalties for termination under the above provisions. 5. Grievance Procedure. Should either the City or the YMCA have a grievance with the other arising out of this Agreement, and after serious efforts for resolution have failed, a negotiation team will be formed. The City and YMCA will each name a negotiator and the two negotiators will pick a third. Their recommendations will not be binding, but will become the basis for attempting a new resolution to the grievance. 6. Compliance with Laws. At its sole expense, the YMCA shall, with respect to its management of the facilities covered herein, comply with all applicable laws, orders, ordinances, rules and regulations of any governmental authority or quasi - governmental authority having or asserting authority or jurisdiction. The YMCA shall at its sole expense execute file and obtain, as applicable, punctually when due, all forms, reports, licenses, permits and returns required by law in connection with its management operation. (Agreemnt/YMCA) 11 7. Americans with Disabilities Act (the "ADA "). The City shall be responsible for assuring the facility's compliance with the ADA as of the contract signing date. 8. Attorney's Fees. In the event of litigation between the parties hereto, arising out of this Agreement, the prevailing party shall be entitled to attorney's fees and costs. 9. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida and shall be determined by a court of competent jurisdiction in the State of Florida. 10. Entire Agreement. This Agreement contains the entire agreement between the parties. Any agreement hereafter made to change, modify or discharge the Agreement in whole or in part must be made in writing and signed by the designated parties. This agreement may not be amended or terminated orally. 11. Severability. The inapplicability or unenforceability of any provision of any provision of this Agreement shall not limit or impair the operation or continued validity of any other provision. 12. Counterparts. This Agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall be an original, and such counterparts together constitute one and the same instrument. (Agreemnt/YMCA) 12 13. Assignability. The YMCA shall not assign this Agreement, or any interest it may have hereunder, without the prior written consent of the City. This Agreement is binding upon the successors and permitted assigns of the YMCA and City. 14. Waiver of Defaults. Waiver by the City of any breach or default by the YMCA under any terms of this Agreement shall not be deemed to nor shall the same constitute a waiver of any subsequent breach or default on the part by the YMCA. 15. Beneficiaries. This is an agreement only by and between the City and YMCA and for their benefit and the benefit of their successors and assigns permitted by this Agreement. No other person or party shall be beneficiary hereof or have any rights hereunder, and no rights are conferred by this Agreement upon any other person or party, whether their name may be used or otherwise identified in this Agreement. 16. Headings. The headings preceding the text of the sections and subsections of this Agreement are used solely for convenience of reference and shall not affect the meaning, construction or effect of this Agreement. 17. Gender. The terms "City" and "YMCA" shall be deemed to include both the singular and plural where appropriate, and the use of any gender, whether masculine, feminine or neither, shall include all genders, as and where appropriate. (Agreemnt/YMCA) 13 18. Mutual Cooperation. The City and YMCA agree to use their respective best efforts to effect the management of the facilities pursuant to the provisions of this Agreement on a mutually acceptable bases. This Agreement has been negotiated at arm's ambiguity herein. This Agreement shall not be construed against the City (or the YMCA) in the event of ambiguity herein. No representation, warranty, course of dealing or inducement made by either party not set forth herein was material to the decision of YMCA and the City to enter into this Agreement. 19. Status of Parties. Without limiting anything heretofore contained in this Agreement, YMCA shall be responsible for (a) the acts and omissions of any and all of its employees, agents, or representatives, and (b) the supervision of any party performing services in the City's facilities herein covered. 20. YMCA as Independent Contractor. The YMCA is acting under this Agreement as an Independent Contractor and nothing contained herein, no act of the YMCA or the City, or any other facts or circumstances, shall be construed to establish the YMCA as a partner or joint venturer or as an agent of the City. The YMCA shall take all reasonable steps in dealing with third parties to ensure that such parties understand the authority and status of the YMCA hereunder as that of Independent Contractor. 21. Assignment of Accountability. a. For the YMCA. The President or Board Chairman, with prior Board approval, may sign contracts or Agreements, or their subsequent (Agreemnt /YMCA) 14 amendments or additions. b. For the City. The City Council approves contracts, or their amendments and additions, for which the City Manager may sign. 23. Notices. All notices, requests and demands to be made or given to the parties hereto shall be in writing and shall be delivered in reasonable time to the addresses listed below. Such notices, requests and demands, if sent by mail, shall be deemed delivered three (3) days after deposit in the mail, or if delivered by hand or courier, at the time delivered. If to City: If to YMCA: City Manager President P. O. Box 100 104 N. Riverside Drive Edgewater, Florida 32132 -0100 a. The YMCA shall provide to the City the name, address and telephone number of the individual(s) with daily operational and supervisory responsibilities of the facilities. 24. Rights of Owner. Notwithstanding anything contained in this Agreement to the contrary, nothing contained herein is intended to restrict, or shall have the effect of impairing any and all rights possessed by the City as owner of the facilities (including, without limitation, the right of entry into and access to said structures); provided, however, that the City shall not, when exercising its rights as owner, interfere with, obstruct or otherwise prevent the YMCA from exercising its duties as manager of the facilities in (Agreemnt /YMCA) 15 accordance with the terms and conditions of this Agreement. IN WITNESS THEREOF, the YMCA and the CITY OF EDGEWATER, have executed this Agreement on the day of , 19 Signatures (Agreemnt/YMCA) 16