09-10-1998 - Special
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Votina Order
Mayor Allman
Councilman Gomto
Councilman Hammond
Councilman Roberts
Councilwoman LIchter
AGENDA
CITY COUNCIL OF EDGEWATER
SPECIAL MEETING
September 10, 1998
7:00 p.m.
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF
ALLEGIANCE
2. APPROVAL OF MINUTES
A. Regular meeting of August 17, 1998
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
A. Public presentation of proposed Settlement Agreement - Associates
of Meadow Lake, Inc. vs City of Edgewater.
B. Hearing on proposed Res. 98-R-08, millage rate of 6.44000 and Res.
98-R-09 adopting tentative budget for fiscal year 1998/99.
C. Consider Res. 98-R-07 amending the definition of the "1995 Project"
to include construction of additional capital improvements approved
by Council.
D. First Reading - Ord. 98-0-06 repealing Emergency Ord. 98-0-04
declaring a city wide ban on open air buming and use of fireworks by
the public.
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 simpiy be a unilateral request of an
individual Council member.
A. Request from the Southeast Volusia Humane Society to use City
vehicle(s) for its Annual Haunted Hounds Hayride on October 30th
and 31 st, 1998.
B. Requesting approval of Water and Sewer Renewal and Replacement
Expenditures for FY 1998.
Continued on page 2
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Agenda - City Council of Edgewater
September 10, 1998 - Page 2
6. CONSENT AGENDA CaN'T.
C. Requesting approval for payment of $6,900 to Communications
Engineering Technology, Inc. (CET) for work related to posting,
updating and maintaining the assessment rolls of the Sewer and
Road data base.
D. Requesting approval of the renewal of the Florida Health Care HMO
Plan and the Guardian Life and Dental Group Plan.
E. Requesting approval of contracting with The Gosline Company for the
development of the Land Development Code.
7. OTHER BUSINESS
A. Pending Matters/Lawsuits - Requesting approval for motion to dismiss
Attorney's fees for Keenan, et al. (United Taxpayers of
Edgewater) vs City of Edgewater.
8. GENERAL CITIZEN COMMENTS/CORRESPONDENCE
9. OFFICER REPORTS
A. City Clerk
B. City Attorney
C. City Manager
1) For review and comments, proposed Ord. 98-0-TruckRoutes
repeals, amends and restates approved truck routes in the
City.
2) YMCA update.
3) Update of proposed amendments to the P.E.A. and S.P.E.A.
Agreements.
10. ADJOURN.
NOTE: All items for inclusion on the September 24, 1998, agenda must be received
by the City Manager's office no later than 4:30 p.m. Thursday 17, 1998.
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\agenda91.098
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28th Street • ,
IA g Lot 29 Lot 28 Lot 27 Lot 26 Lot 25' Lot 24 Am
Imiii • AA
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-- Lot 32 > 245 241.239 237 235 233 .231 2 V it: .= Meadow
o
242 238 236 234 232 a I` ke
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LA
Lot 33 ' m
� s
J v Lot 67 Lot• 66 Lot 65 Lot 64 L 63 t, ,:ti Lot 20 SOUTH U.S. )1
Lot 34 (5. Lrt 6 ON ROBERtS ROAD
Lot 35 "�' Lot 69 Lot 70 � a 4 a 1 ot 19 EDCiLWATER, ELORIDA
2.
JJ 331 32y J Lot C, r, / l
Lot 36 0 J , + el Lot 18 ,�/ / C
J ' J O 328 326 a s Lot o ? • I'D PG / Y 4' `' `')
Lot 73 t e.
Lot 37 a „ ur t.;)-
Lot 17 /d
Lot 38 Lot 39 l ' . U Lot 78 , c ro
• ,. 1,ot/4
Lot 40 Lot 16
ti i , /
u. a a
' ' Lot Si a U
Lot 41 a Lot 75
:1 Lot 36 ?1 13 4!J,, y
■ w edg C ourt -
Lot 54 , Cove 200 O 19
1 o Lot 78 !9 ! 9
Meadow lake Subdivision is located a a lots o 9.
in the City of Edgewater, 1.8 mile i J Lot 53 I 6 Lot 7 ,. ^ , r
South of 44 Florida Plaza on � / Lot a5 a l f ot 7 9 a Lrt 4 e tr44
Roberts Rod.
l t, L p or
Meadow Lake Phase 1 consists of 8? U ; Lot 3
• lots with complete water, sewer, spy 0 �i
underground electric, telephone
o U
and TV cable. ■ There are two ' t : � • ' ?: "' ; L�,t 2 .
beautiful lakes within an open I , J oe a 302 N o
306 30 0 W _ /
meadow setting, which enhance th , „ • a
beauty of the area. 1 : ',",:14' o Lot t
Lot 49 Lot 50 Lot 51
Roberts Road
LOTS • AVAILABLE PONDEROSA HOES, INC.
\. $21,9 2X,24,25,32,33,34,35,36,49,57, Meadow Lake Model •— (904) 423-2285
N_ 58,50,63,64,65,69 Office - Weekdays -- (904) 428-8030
Nr .r
f.,;,r 9 � 8 ,9,12;13;221,23,31,46,48,52,62, Building Itt Edgewater
68,71,72,80 Since 1976
ti
• EXHIBIT "A"
•
Lots 1, 8, 9, 12, 1 21, 2 23, 24, 25, 27, 28, 29, 30, 31, 32,
7 33, 34, 35, 36, 43,.44 r 46, 6 49, 52, 57, 58, 59, 62, 63, 64, 65,
8, 69, 71, 72, 80, "MEADOW LAKE SUBDIVISION, as recorded i
=6 i n Map
Book 41, Pages 115 -116, of the public records of Volusia County,
.Florida.
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' DEDICATION •
KNOW ALL' MEN BY THESE PRESENTS, T HAT THE 'UNDERSIGNED, , BEING THE
OWNERS IN FEE SIMPLE OF THE LANDS DESCRIBED IN rut' FOREGOING •
CAPTION TO THIS PLAT DO HEREBY DEDICATE SAID LANDS AND PLAT FOR
THE USES AND PURPOSES THEREIN EXPRESSED. AND DEDICATE THE STREETS
TO THE PERPETUAL USE OF THE PUBLIC AND DEDICATES THE UTILITY ANT
ORAIN4CI: EASEMr_'Nf; AND PARCEL. 'A" TO THE MCA.••c•%L4'•.»' HOMEoWV•"••."
ASSOCIATION, FOk THE USES AND PURPC: ?I :S UESCR!!.T :f' IN ''It vrr•; %a P4:,t• •
OF COVENAN,'S AND RESTRICTvO►JS Or '&40OW ' 41.1 t JPINVISION IN WITNESS
WHEREOF, THE UNDERSIGNED HC4EUNTG t: T ►'t': ••, HANDS ON
JANUARY 9 1997
; BY ...a.nr-od."11.1V- . .
A ST eak" eer .
•
BEFORE ME PERSONALLY APPEARED JAMES C, CARDER AND
, ROSEMARY CARDER, 10 ME KNOWN TO BE THE INDIVIDUALS •
DESCRIBED IN AND WHO EXECUTED THE FOREGOING
DEDICATION AND SEVERALLY ACKNOWLEDGED THE
. EXECUTION THEREOF TO BE THEIR FREE ACT AND DEED •
FOR THE USES AND PURP0.SE5 THEREIN EXPRESSED. • :. .
1
STATE OF FL," IDA, COUNTY OF VOLUSIA •
THE FOREGO r 14 • M£NT WAS LEDGER BEaRE ME THIS ..
DAY OF . Al /.. ••••' /,F '/ .
/ /0 * / / .. �(/ / •
of
AIY COMMISSIIj/�yQ. NOTARY PIP L!C
EXPIRES .7't /• '•/ .
•
•
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•
J / •
Prop./44 b
MICHAEL A. VAN HOUTEN, ESQ.
Pont Office Box 2325
Daytona Beach, FL 32115 J
•
party Appraiser's Parcel Identification 'jl °t '
8411 -10 -00 -0001
• VA(X * 1011 THU Uet roll eltoe0u6e DATA ... -
This Q uit -Maim .Bead, Executed this Z 7 day of 7 .' A. D. to 7' , by
COLEMAN CONSTRUCTION CO., INC.,
a Corporallon existing under 1he low= of the State of Florida , and having its principal place of
business at 4606 Clyde Morris Boulevard, Port Orange, Florida 32119 •
first party. 10
ASSOCIATES OF MEADOW LAKE, INC., a Florida corporation
whose poslofflce address is 602 Indian River Boulevard, Edgewater, Florida
second. party •
(WA .v4 A.,... J.. , ••i;.., v.n." •.J •• ...d er n , " d..11 i,el..4 .:,••■•• •.1 ►1...1. 1". I...I
pewees . ..J .... w. ,J :, d:.:e...6 ..d �A. .w...... ..d •....n. •d r,.. p...•,. ».. .•4.r... �Ar n.. "'"
tUitnessetlt, That the said first party. for and in consideration of the sum of $ 10.00 .,
in hand paid by the said second parly, the receipt whereof is hereby oeldnowl.dged. does hereby remise. rr•
lease and quit•elaim unto the said second porfy forever, all the right, title, Interest. chitin rind demand whirl'
the said firs! party has in and to the following described lot, piece or parcel of land, situate. lying and being
in the County of Volusia Slate of Florida , to tit:
That portion of land described as Parcel "A ", MEADOW LAKE SUBDIVISION, as
recorded in Hap Book 41, Pages 115 -116, of the Public Records of Volusia
County, Florida.
Subject LTo the terms and conditions of the Covenants and Conditions of Meadow
Lake Subdivision and the Dedication of said property as shown at Map Book 41,
Page 115, Public Records of Volusia County, Florida. This deed does not purport
to transfer any rights previously given or dedicated to either the public or the
Association of Meadow Lake Subdivision.
• The attorney has not searched or examined the title of the subject property and
' absolutely no warranties, express or implied, are made by him with regard to the
...state of the title or any other aspect thereof.
1' Naue and to ilOiU t some together will• all and singular the appurtenances Iher.unlo
belonging or in anywise appertaining. and all the estate. right. litlr. Inle,eil. lien, equity and claim who : -
•,on•er of the :oil firs) party, •ilh.r in law or equity. to Ihr only proper We, benefit anal b.hoof of the said
second party forever.
In witness iffl roof t said first parly has ensued Ih•,. pres-
(CORPORATE SGLI ents to he executed in 3:s name, and ifs corporate seal lo b. hereunto affixed.
by its proper officers ther.unlo duly authorised. Ihe day and year f1rs1 above
written.
•
ATTEST. COLEMAN CONSTRUCTION CQ.�,,,�•NC...,
s. , a Florida corporation
Signed. sealed and delivered in the presence of :
A�� �
• Coleman 1•••�•�
STATE OF FLORIDA
COUNTY OF VOLUSIA
1 titatiY CERTIW .A.. e. W. d•,. h •• ,tr..,, duly wih..,,.d 1. d. Sou ..d Cw.rr •:.•.uU to ul. s.
..dearth bppr..d
ROY A. COLEMAN,
wll Iw.'.. n. we .. ►. nA. ►r..:d..d MZ "vsrvt of Om eonwatio. n....1 w adore.
G .Ae fence... 4. d...4 .A.. dory .e..,.ay •.1....I.d e•e..•:,. ro erne .. aAm p..v....1 nvo r.1..ri►4. whore.e, WA/ .4 ...Amwa
..J., ..•A..,d d.ry ' ...4 I. W.. Iti uu4 •« :....•J d..: •A. .s1 .1c...J n4n.. . Om yy ...R.,.n •.•I of 644 01.1.4.14... WITNESS +y I•..J •.J elf dA d 1.
1.1 v.1 1. . County .. Srn, Ion .•...I■ d: al419� ti a
4y .i .� ,L 1 j WA
NDu...•
......... rc . S.a Or FLORIDA.
D.
N1' CUu.uiilOH WIRES: SEPT. 3. 19044
THAN ru.ua upourwnu.y • ..'„ '.y;.. .
.
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NL20 INQUIRE NAME/ADDRE%%/%ITU%/JALE%/ADDL ADDRESS *O100801* 09/03/98
ACTIVE PARCEL
ALTERNATE KEY 4930426 PARCEL IDENTIFICATION 8411 -10 -00 -0001
OWNERS NAME AND ADDRESS CREATED 05/05/87 TAXROLL PAGE 068744
MEADOW LAKE HOMEOWNERS ASSOC UPDATED 10/10/89 TAXROLL LINE 05
2949 % RIDGEWOOD AVE SUITE 112 GRO%% TAX :MO
SOUTH DAYTONA FL ZIP CODE FRGN? MILL MA PC NHBD
321193543 N 604 16 OO 683O
%ITU% ADDRESS - 41: UNITE OOOOOOO
NUMBER DIR STREET NAME TYPE SUITE CTY NX 2001
Ki Oi5W
SALES INFORMATION TRANSFER QUALIFY/ VACANT SALE
BOOK/PAGE MONTH/YEAR INSTRUMENT CODE UNQUAL IMPROVED PRICE VCR
ADDTL ADDR NBR DIP ZIP
STREET TYPE SUITE CITY
_ NEXT SCREEN _ TO MENU ENTER
NL22 INQUIRE BRIEF LEGAL DESCRIPTION / EXEMPTIONS *0100801* 09/03/98
ACTIVE PARCEL
ALTERNATE KEY 4930426 PARCEL IDENTIFICATION 8411-iO-OO-0001
LINE LEGAL DESCRIPTION
OOi PARCEL "A" MEADOW LAKE IT MB 41 PG% 115 & 116
002
003 ^
004
EXEMPTIONS
EXEMPT TYPE YEAR AMOUNT RENEWAL EXEMPT TYPE YEAR AMOUNT RENEWAL
PERCENT TAXABLE TOTAL EXEMPT VALUE O
DATE OF BIRTH YEAR LEGAL RESIDENCY BEGAN
_ REVIEW PARCEL _ SKIP TO DELETE _ GO TO NEXT SCREEN
_ DISPLAY MORE LEGAL _ SIGN OFF _ RETURN TO MENU
_ AA MENU PRE%% ENTER
HV20 INQUIRE HISTORY OF MARKET VALUES *0100801* 09/03/98
ACTIVE PARCEL
ALTERNATE KEY 4930426 PARCEL IDENTIFICATION 8411-10-00-0001
TAX LAND BUILDING MI%C., MARKET EXEMPTION TAXABLE
YEAR VALUE VALUE VALUE VALUE VALUE VALUE
1997 8,150 8,149 0 i O i
1996 8,150 8,149 0 i 0 i
1995 8,150 8 i49 0 1 O i
' ' �
1994 8,1�0 8,149 0 1 O i \
1993 8,i50 8,149 O i O 1
1992 8,150 8,149 O i O 1
1991 8,150 8,149 0 1 O i
1990 8,150 8,149 O i O 1
4000 n if:::o n 4uv o i « 4
t f
S vt. y t t L.
Prepared By: Kathy Lee EIr,EO FOR RECORD ,) �t� --
GULFATLANTIC TITLE AGENCY RECORD VERIFIED CLERK OF THE Elicit ∎
505 Canal Street New Smyrna Beach, Fl 32168 (� [� CT1: COURT VOl.11n,f
incidental to the issuance of a title insurance policy. `J O O U 3 7
File No.: 0430 *1328 94 HAY 25 P1112: 02
Parcel ID tl 8411- / � 10- 00 /� -0 �� / 2 / /�r
A Grantee(s) SS # 07 _ /ItJI - 7( �f and GC 99
V WARRANTY DEED
(CORPORATE)
This WARRANTY DEED, dated RECFEE $ �� REC'DPAYMENT AS .. w L
May 2 0, 19 9 4 DOC ST $ R ' ' / a INDICATED FOR LO c
A44 " 4 090 Qt M9(i4ow WIN'S ;40. INT TAX $ __- ._.__.. 1 C•INTANQI0Li& • •"' IN3 C
PENALTY $ STAMP TAXES S c i , -
whose post office address is INTEREST $ C!)
3001 India palm Edgewater, FL 32132 G y
hereinafter called the GRANTOR, to
Michael L. Visconti and Bridget Visconti ,�his�wif e aMCo id* CD ..c.... CD
whose post off$ address /� —61 Ql A
//ial.,&)i Iq L37-/d& r Q3 fl
hereinafter called the GRANTEE: ." '
(Wherever used herein the terms "GRANTOR" and "GRANTEE" include all the parties to this instrument and the
heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.)
WI TN E SS ETH : That the GRANTOR, for and in consideration of the sum of $10.00 and other valuable considerations, receipt
whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the
GRANTEE, all that certain land situate in Volusia, County, Florida, viz:
Lot 22, Meadow Lake Subdivision, according to map in Map Book 41, Pages
115 and 116, of the Public Records of Volusia County, Florida.
Subject to; (A) Zoning, restrictions, prohibitions and other requirements
imposed by Governmental. Authority (B) Restrictions and matters appearing
on the plat or otherwise common to the subdivision (C) Public Utility
Easements of record.
SUBJECT TO covenants, conditions, restrictions, reservations, limitations, easements and agreements of record, if any;
taxes and assessments for the year 1994 and subsequent years; and to all applicable zoning ordinances and /or restrictions and
prohibitions imposed by governmental authorities, if any,
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND THE GRANTOR hereby covenants with said GRANTEE that except as above noted, the GRANTOR is lawfully seized of said
land in fee simple; that the GRANTOR has good right and lawful authority to sell and convey said land; that the GRANTOR hereby
fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, GRANTOR has signed and seated these presents the date set forth above.
Associate$ of MeadoW L¢kf '.
SIGNED 18 THE P' NCE Of T F• OWING W1TNMg$: �+��!!}} . , cV ,
Signature: , A � �` B !' r'' rj l
Print Name: •,� y • i :' .
�� -(1 2., P rry R Barrett, P>r�aiaent� `
�„
/
Signature. _e?tj�'c ��,�
-�c. L.
Name: � �':.�.' dy LSE C'(!//�.t,. r ,
Print
State of (
.....,. ... ._...____ -- 0,00,
IN nti-ellNkilt COURt
GAF turninotai MOM eIIIGUII`
OP 1'tbQlbA IN ANb PO* VO WWWIA - tetiNtift PI.6 *IDA
}
1 w. CIVIL AC?II NI
I;'ti ft i� l my as b kEtit s MY b A fed. 6 6- 10575 -cict
DIVIStoNt 30
F.Tr,, JUDGE: ROBERT K. ROUSE; JR.
•., :s ... p a r :Mnkrci.MA:Y:a+' „ Wy'rr.:•'YCwA N.w'..vi.... .r., ,. ,. :1±R
Plaintiff
— vs —
ASSOCIATES OF MEADOW LAKE, INC., ET AL • I '
tltl / 1
Defendant ,
DATE 6 - 94 r«WZ
CROSS -CLAIM SUMMONS BY
THE STATE OF FLORIDA: rr_f SI!ERIFF
TO ALL AND SINGULAR THE SHERIFFS OE SAID STATE:
GREETINGS:
YOU Aft ffttiEftt dotik.ANDED to Sul-v6 ii emi$ 61` tilt eton- tiAitfi
in the Above 1113611 tfi dpi'li#ldiftif MtCltAl?L LS Vf§CbNTf
31� $ft1h i e2e brive
Edgewater, 1'l
Said defendant is hereby required to s6rve *titteit d4f4nA4A to mkt croti - claim on dcden-
dant's attorney, whose name and address is
GARY L. BUTLER, ESQUIRE
P.O. Box 2491
Daytona Beach, F1 32115 -2491
and on plaintiff's attorney, whose name And address is
WILLIAM Ma GILLESPIEA ESQUIRE
P.O. Box 580
New Smyrna Beach, F1 32170
within 20 days after service of this summons upon that defendant, exclusive of the day of ser-
vice, and to file the original of said written defenses with the clerk of said court either before
service on defendant's attorney or immediately thereafter. If a defendant fails to do so, a de-
fault will be entered against that defendant for the relief demanded in the cross- claim.
WITNESS my hand and the seal of said Court on June 26 , 19 96
DIANE M. MATOUSEK
Clerk Circuit Court
ret to dfts atty for sop
cc dfts atty by mail
(Coureife by mail By: J. O'Quinn
Deputy Clerk
ic.,� a �� ,, t, t TTcn Rovnrvn Man Fnr R�+tnrn Tnfnrmntinnl 19 -0153 -8412
' DO GE wATF9 �•
THE, CITY OF EDGEWATER
POST OFFICE BOX 100- EDGEWATER, FLORIDA 32132-0100
414
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iG 1.1�Y
Mayor Randy G. Allman
District 1 Councilman James K. Gornto Interim City Manager Kenneth R. Hooper
District 2 Councilman Myron F. Hammond City Attorney Nikki Clayton
District 3 Councilman Gary W. Roberts City Clerk Susan J. Wadsworth
District 4 Councilwoman Judith R. Lichter
August 27, 1998
Mr. Perry Barrett
3001 India Palm Drive
Edgewater, FL 32141
Re: Associates of Meadow Lake, Inc. Settlement Proposal
Dear Mr. Barrett:
I have reviewed your proposed settlement offer for the lawsuit of Associates of Meadow Lake vs.
City of Edgewater dated August 3, 1998, and modified by you on August 21, 1998.
I will present your settlement offer to the City Council at their next public meeting on September 10,
" 1998, at 7:00 p.m. I will send you copies of the correspondence and recommendations that will be
presented to the City Council for their consideration.
Your most recent letter (August 21, 1998) indicated you request a response with ten (10) days. I can
not accommodate that request since the first public meeting of the Edgewater City Council is
September 10, 1998.
Sincerely,
Kenneth R. Hooper
Interim City Manager
KRH:ejm
cc: City Council
Donna McIntosh
c: AcorrespAbarreu278
CITY MANAGER'S OFFICE
104 NORTH RIVERSIDE DRIVE
(904)424 -2404 FAX - (904)424 -2409
CITY OF EDGEWATER
City Manager's Office
MEMORANDUM
DATE: August 27, 1998
TO: City Council
FROM: Ken Hooper, Interim City Manage 4
SUBJECT: Associates of Meadow Lake, Inc. Settlement Proposal
Enclosed is a demand letter and settlement proposal from Mr. Perry Barrett concerning the lawsuit
of Associates of Meadow Lake, Inc. vs City of Edgewater. Also attached for your review and
information, is correspondence from Donna L. McIntosh (the City's attorney) and Shane Caldwell
(our insurance contact).
Mr. Barrett has proposed a settlement and has requested a response within ten (10) days. I have
notified Mr Barrett that the earliest opportunity to present his request to the Council is September
10, 1998.
`"" In summary, Mr. Barrett has requested settlement in the following amount and terms:
$ 6,067 - reimbursement for street lighting impact fees.
41_ $ 9,480 - reimbursement for Code Enforcement fine (Indian River Boulevard
convenience store).
$ 5,000 - reimbursement for Code Enforcement fine (Lot 22, Meadow Lake).
4) $ 75,000 - reimbursement for damages at Meadow Lake.
5) 150 water & - value of 150 water and sewer impact fees are $363,750.
sewer impact 3-7 (
fee credit
City to admit fault for flooding at Meadow Lake.
7) City to repair berm at Whistle Stop Park.
8) Mr. Barrett to give City deed to Meadow Lake retention pond.
$ 459,297 - Total Value of Settlement Proposal 'ti""
Ms. McIntosh reviewed Mr. Barrett's proposed settlement offer and concluded this request far
exceeded the original inverse condemnation claim. Ms. McIntosh requested that we notify our
insurance agent that Mr. Barrett's additional claims may involve civil rights litigation.
Associates of Meadow Lake, Inc. Settlement Proposal
August 27, 1998
Page -2-
<„ The City notified Risk Management Associates Inc. (RMA) of the potential lawsuit based on civil
rights violations. Mr. Caldwell of RMA has responded that a lawsuit involving civil rights, zoning
and permitting issues are contemplated in the City's coverage for general liability or public off'icial's
liability. RMA also indicated they would take no further action unless a lawsuit is pursued by Mr.
Barrett. RMA stated the City has fulfilled its obligation of notification to our insurance company.
Ms. McIntosh and I will present the proposed settlement agreement to the City Council at your
September 10, 1998 meeting. We will provide you with any new information at your meting. Based
on the proposed settlement agreement provided by Mr. Barrett, Ms. McIntosh and I concur that the
proposed settlement agreement is not in the best interest of the City.
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•
Aug -26 -98 1O:26A RMA- CENTRAL FLORIDA 407 331 4800 P.01
• R M A
Risk Management Associates, Inc. CIIY gT TOR EY
August 26, 1998
Ms. Robin Wolf, Legal Assistant
City of Edgewater
P. 0. Box 100
Edgewater, FL 32132 -0100
Via facsimile 904 - 424 -2415
Re: Associates of Meadow Lake vs. City of Edgewater
Dear Robin:
1 have reviewed the correspondence the City of Edgewater received from Mr. Perry Barrett. The letter is
not an actual lawsuit and makes no direct allegations of wrongdoing on the part of the City. Until Mr.
Nosy
Barrett actually brings a lawsuit against the City, 1 cannot give you a definitive answer as to how Coregis
will respond. Many allegations he makes in the letter, which if brought as a suit. appear to be issues
covered under Edgewater's liability policies with Coregis Insurance Company.
The majority of Mr. Barrett's complaints seem to involve violation of civil rights, zoning, and permitting
issues. All of these types of issues are contemplated in the coverages the City has either under its general
liability policy or its public officials liability policy.
At this point, Edgewater has fulfilled its responsibility to Coregis to give them notice of any situation that
might give rise to a claim. Should Mr. Barrett find an attorney willing to pursue a lawsuit against the City
based on his current allegations and demands for monetary compensation, Coregis will assign aggressive
legal counsel for the City and will respond within the required legal timeframes.
I hope this addresses all of your concerns regarding Mr. Barrett's correspondence. As I indicated to you
this morning on the phone, do not hesitate to contact my staff or me for any additional assistance.
Sincerely,
d
'tier
Shane Caldwell
Area President
Commercial Insurance • Bonds • Risk Management Services • Program Design and Administration
598 South Northlake Blvd. Suite 1040 • Altamonte Springs, Florida 32701 • Phone: (407) 331 -4400 • Facsimile: (407) 331 -4800
o w .
THE CITY OF EDGEWATER
POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100
OVA G
TALIT'�'
Mayor Randy G. Allman Interim City Manager Kenneth R. Hooper
District 1 Councilman Jim Gornto City Attomey Nikki Clayton
District 2 Councilman Myron F. Hammond City Clerk Susan J. Wadsworth
•`,. District 3 Councilman Gary W. Roberts August 21, 1998
District 4 Councilwoman Judy Lichter
Terry Faircloth
Account Manager
Risk Management Associates, Inc.
598 South Northlake Boulevard
Suite #1040 Facsimile Transmission Only
Altamonte Springs, Florida 32701
Re: Associates of Meadow Lake vs City of Edgewater
Dear Terry:
On June 22, 1994, a Complaint relating to the above - styled matter was served on the City and has
been handled through Donna McIntosh of the law firm of Stenstrom, McIntosh, Julian, Colbert,
Whigham & Simmons, in Sanford whose telephone number is (407)322 -2171.
This correspondence is to inform you of recent allegations contained in a letter from Perry Barrett
of Associates of Meadow Lake, dated July 29, 1998, a copy of which is enclosed. Please note
paragraph #7 of Mr. Barrett's letter alleges three (3) possible civil right violations by the City of
Edgewater. Also enclosed is a proposed Settlement Agreement that was supplied by Mr. Barrett on
July 29, 1998 and modified on August 21, 1998.
Pursuant to previous conversations, this will serve as notice from the City of the new allegations and
possible claim in this matter. Please inform our office within the next twenty =four (24) hours as to
how this matter will be handled.
Sincerely,
Robin M. Wolf
Legal Assistant
Now
rmw
Copy to: City Manager
Donna McIntosh (by facsimile)
CITY ATTORNEY
(904)424 -2403
104 NORTH RIVERSIDE DRIVE
FAX (904)424-2415 or 424 -2409 SUNCOM 383 -2403
RE
STENSTROM, McINTOSH, COLBERT, WHIGHAM & SIMMONS, P. A.
ATTORNEYS AND COUNSELLORS AT LAW 1 ten+
2
SUNTRUST BANK • SUITE 22 �`� �� vL.'
200 WEST FIRST STREET
POST OFFICE BOX 4848 CI a r
WILLIAM L. COLBERT SANFORD, FLORIDA 32772 - 4848 WRI F11AV kiNTOSH
FRANK C. WHIGHAM SANFORD (407) 322.2171 S. KIRBY MONCRIEF
CLAYTON D. SIMMONS ORLANDO (407) 834 -5119 OF COUNSEL
ROBERT K. MCINTOSH FAX (407) 330 -2379
DONNA L.S. MCINTOSH HTTP: / /WWW.STENSTROM.COM DOUGLAS STENSTROM
WILLIAM E. REISCHMANN, JR.
RETIRED
CATHERINE D. REISCHMANN
JAMES J. PARTLOW THOMAS E. WHIGHAM
(19.52 -1988)
August 21, 1998
Ken Hooper, City Manager via TELEFAX
City of Edgewater (904) 424 -2409
Post Office Box 100 and U. S. Mail
Edgewater, FL 32132 -0100
Re: Associates of Meadow Lake, Inc. Settlement Proposal
Dear Mr. Hooper:
___ Please accept this letter as confirmation of our earlier conversations regarding the letter from Mr.
Perry Barrett of Associates of Meadow Lake, Inc. received by you on August 3, 1998, and the
proposed Settlement Agreement attached thereto.
The allegations and issues raised in Mr. Barrett's letter far exceed the scope of the inverse
condemnation claim in the existing law suit for which our law firm has been hired by the City to
defend. We have had no exposure to any of the underlying facts surrounding the claims raised in
paragraphs 1 through 10 of Mr. Barrett's letter to you. With our exposure to the narrow factual
dispute that gives rise to the inverse condemnation claim of the flooding of Parcel A of the Meadow
Lake Subdivision, we cannot provide the City Council with adequate direction regarding the claims
in the letter nor the impact that a settlement of the inverse condemnation lawsuit would have on
possible subsequent claims by Mr. Barrett or Associates of Meadow Lake, Inc.
Mr. Barrett's letter alleges that the City has engaged in a course of conduct over the past years that
could result in additional claims being made against the City. Given the nature of the claims made
in this letter, we recommend that the City immediately obtain counsel that has municipal civil rights
litigation experience and that is able to quickly devote the time necessary to research these claims,
specifically to research the allegations contained in Mr. Barrett's letter to provide the City with a
mow recommendation regarding any settlement with Associates of Meadow Lake, Inc. and Mr. Barrett.
The existing inverse condemnation lawsuit against the City could be expanded to include the new
claims. Therefore, it is imperative that the City's legal counsel investigate not only the allegations
contained in the letter but also the proposed Settlement Agreement.
Ken Hooper, City Manager
August 21, 1998
Page 2
•„r,•• It is my understanding that you are sending Mr. Barrett's letter and the proposed Settlement
Agreement to the City's insurance companies requesting that the insurance companies provide you
with a determination as to whether or not the City would be provided any insurance coverage or
insurance defense for the claims made in the above - referenced letter. Please contact me when you
have heard from the insurance companies on this issue.
Since drafting this letter, I received a copy of Mr. Barrett's letter to you dated August 20, 1998,
wherein Mr. Barrett advises he will revoke his proposed Settlement Agreement if he does not have
a written Settlement Agreement in hand from the City within ten (10) days. I recommend that you
immediately contact Mr. Barrett and explain to him that you need more than ten (10) days to fully
investigate his claims and proposed Settlement Agreement, that you are in the process of obtaining
legal counsel to provide advice on all issues raised in his letter and proposed Settlement Agreement
and that you would like an opportunity to meet with him, either with or without attorneys, after you
have concluded your investigation but prior to taking any proposed Settlement Agreement to the City
Council. If Mr. Barrett will not agree to such an extension of time, you must take Mr. Barrett's
proposed Settlement Agreement to the City Council for their review and consideration prior to the
ten (10) days expiring. Please advise on this matter.
Sincerely,
STENSTROM, McINTOSH, COLBERT,
WHIGHAM & SIMMONS, P.A.
i
Donna L. McIntosh
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August 20, 1998
Mr. Kenneth Hooper
Acting City Manager
N "" City of Edgewater
P. 0. Box 100
Edgewater, Florida 32132
Re: Associates of Meadow Lake, Inc. vs. City of Edgewater
Dear Mr. Hooper:
I delivered to your office on Monday, August 3rd, a settlement proposal in the above -
captioned suit. This was submitted at your request.
I have lost the ownership of the Surrey Ridge parcel of property on Roberts Road at a
foreclosure sale on Monday, August 17th. I no longer have the ability to offer as a part
of the settlement agreement the handling of the storm water run -off from Roberts Road.
This was outlined in the fourth paragraph of the drafted settlement agreement.
In the past the City of Edgewater has allowed certain City officials to act arbitrarily and
deprive me of fair treatment in the City of Edgewater. The City of Edgewater has
allowed these City employees to act in harmony and dismantle my personal name and
assets. This character assassination has continued since 1990. I will not tolerate it any
more.
The suit filed by Associates is one reply to some of the various actions by the City of
Edgewater.
If I do not have a written settlement agreement in hand from the City which is mutually
agreed upon within ten (10) days, I will have no other choice than to move forward with
the suit. As I stated in a previous discussion, I intend to retain additional counsel to
assist with the suit. Should the ten (10) days run and 110 settlement be reached, there will
be no further settlement discussions. I will proceed accordingly.
Sin 9' y,
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' erry R. Barre
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SETTLEMENT AGREEMENT
ASSOCIATES OF MEADOW LAKE. INC.
YS
CITY OF EDGEWATER
'4•.•
This Settlement Agreement would settle the current suit between the parties as
hereinabove named.
The City of Edgewater to reimburse the street light impact fees as requested, the Indian
River Boulevard convenience store Code Enforcement fine and the Lot 72 Meadow Lake
Code Enforcement fine, with interest from date monies taken, or refund request received
by the City. (Items 2, 5, and 6 preceding correspondence.)
The City of Edgewater or their assigns to receive a deed from Associates of Meadow
Lake to the Meadow Lake retention pond property necessary for proper functioning of
, the Meadow Lake stormwater system.
Associa e ► 4 ' adow Lake and /or assigns to take the storm w . • . • f from the
north side of Roberts Road, • • • cur • • 'Bing diverted to the south side of
Roberts Road into the "Surre ': ge" storm water • - 11 when developed, if brought
to the "Surrey ' ' • property line by the City of Edgewater w y lculations.
F 17/""6s/Al
Contin ; upon continued ownership by Associates or assigns. 8 Z / �
The City of Edgewater to fix the berm on the east side of Whistle Stop Park properly to
prevent the continued flooding of the Associates of Meadow Lake property.
`'o• The City to issue a statement concerning the Whistle Stop Park flooding of the Associates
of Meadow Lake property that, in fact, it was the City's fault that the flooding occurred
because the berm was not constructed on the eastern park boundary line and the culvert
under 28th Street was plugged during the park construction.
The City to give 150 non- exclusive impact fee credits for sewer and water impact fees to
Associates of Meadow Lake or its assigns.
The City of Edgewater to pay to Associates of Meadow Lake or assigns the sum of
$75,000 as costs.
July 29, 1998
Mr. Kenneth Hooper
Acting City Manager
City of Edgewater
P. O. Box 100
`o Edgewater, Florida 32132
Dear Mr. Hooper:
This correspondence is in response to your request that I present the City of Edgewater
with a settlement proposal in the Associates of Meadow Lake, Inc. vs. City of Edgewater
suit.
The suit against Edgewater by Associates of Meadow Lake states that Whistle Stop Park
flooded the Associates of Meadow Lake property and there was a "temporary" taking
of Associates property.
The case is very simple in that the park did not follow through on its St. John's storm
water permit, a berm was not built on the eastern boundary of the park and a culvert
to drain the water to the canal to the north of the park was plugged during the park
construction. Without a berm and a functioning culvert to drain the water, the water
flowed off of the park and onto the adjacent property. The City was responsible for the
flooding. However, at the time of the flooding the City would not admit that they had
made a mistake, instead they pointed the finger at Associates of Meadow Lake and
arbitrarily caused hardships for Associates of Meadow Lake. This is one event in a
series of events which show unjust and arbitrary treatment toward one person by the
City of Edgewater.
During the time in question, even after the St. John's Storm Water Management District
told the City of Edgewater they must complete the park construction as originally
submitted and permitted, the City still held Associates of Meadow Lake at fault. The
City continued to feed the local newspapers with incorrect information about Associates
of Meadow Lake and the City's role in the flooding that Whistle Stop Park was causing.
Associates of Meadow Lake was forced to make unneeded improvements, get
unnecessary engineering done, and hire outside professionals. Meanwhile, the City
withheld the Associates ability to pull permits in the Meadow Lake Subdivision, held
Certificates of Occupancy, and would not accept any further plans for construction of
�r new homes in the Meadow Lake Subdivision. All of these actions were arbitrary on the
City's behalf, especially knowing that the park had caused the flooding. The City
stopped Associates from doing any continued business in the Meadow Lake Subdivision
and Associates of Meadow Lake lost sales in the subdivision.
In one of our meetings I stated that I came to Edgewater in 1976. I did not have any
problems with the City of Edgewater until 1990. I had built approximately 400 homes
in Edgewater and surrounding communities. However, in 1990 Edgewater had a new
Manager and three events involving myself took place. One was my opening of the "Gas
Stop" store on U.S. 1 in which the City would not issue me a Occupational License after
they gave me all the permits to do over $100,000 in improvements to an abandoned
service station. Another issue was brought before the City by me concerning the School
Board and their effort to drain the School Board project onto the 40 acre parcel of
property known as "Surrey Ridge" on Roberts Road. The third event was in the Fall
of 1990 when I backed several candidates for Mayor and Council under the slogan "No
More Bull."
Now Following the elections in 1990 it seemed that some people at City Hall took the "No
More Bull" campaign personally and they started a vendetta against Perry Barrett.
They did everything within their power to deny permits, development plans, or
approvals to any other business venture that Barrett was involved in. It is reasonable
to say that there was arbitrary treatment and harassment toward one individual.
Some of the events that have occurred since 1990 have been:
1. The City caused Associates of Meadow Lake the loss of use on the Meadow Lake
building sites as the City issued stop work orders while accusing Associates of causing
the flooding. This is the flooding that was actually caused by the Whistle Stop Park.
"r' The City also withheld building permits, inspections, issuing of Certificates of
Occupancy, and created unnecessary hardships for Associates of Meadow Lake during
this period. The City also caused Associates to spend over $150,000 to make unneeded
improvements.
2. The City would not reply to my three written requests that I be reimbursed for
$6,067 in street light impact fees. Rather than reply, they took the street light impact fee
monies and placed them into the General Fund and spent it on items other than street
lights at their discretion.
3. The City arbitrarily revoked the building permit on the convenience store I was
building on Indian River Boulevard and furthermore revoked the special exception to
install gasoline on this site and all site plan privileges given to me previously by the City
on the property. This caused me to lose over $150,000 in cash on this project plus the
loss of profit I could have had by either operating the business or selling a completed
convenience store property. The City then allowed a purchaser to purchase the property
Now and did not require that purchaser to apply for a "special exception" to install gasoline,
etc. The City bent over backwards to help the new purchaser after arbitrarily revoking
my permit, special exceptions and approvals on the project.
4. The City would not issue me building permits in Pelican Cove West Subdivision
on 50 foot lots as they had issued to the original developer of the subdivision. I had the
entire subdivision under an "Option to Purchase" agreement and had generated presales
for homes to be constructed in Pelican Cove West which were then lost due to the
building permits not being issued. The City then went further and would not even issue
permits to me for duplexes which were connected by the garages. The City therefore
caused me to lose everything I had spent developing the Pelican Cove West program,
deposits, and loss of profits from sales that were generated.
5. The City fined me $9,480 on a "Code Enforcement Fine" on the Indian River
Boulevard convenience store that had been under construction. The code enforcement
fine was brought in under heading "storing building materials ", and the building
materials which I had stored in the building were the materials to finish the construction
of the project. The $9,480 was paid to the City of Edgewater on the transfer of property.
6. The City fined me $5,000 a "Code Enforcement Fine" on Lot 72, Meadow Lake.
The code enforcement fine was brought in under heading "storing building materials ",
which was for keeping 50 concrete blocks stocked on the site without a building permit,
while the entire subdivision was under construction. The $5,000 was paid to the City of
Edgewater on the transfer of property.
7. The City violated my civil rights on three occasions when I had scheduled
meetings with the City Attorney and I brought a recording secretary to keep the minutes
of the meeting in the event I wanted to appeal a decision that would be the outcome of
the meeting. Upon seeing the recording secretary, the City Attorney immediately
canceled the meetings.
8. The City Director of Community Development in 1997 told Marvin Miller (an
Ormond Beach developer) and Lloyd Griffith (of Lochrane Engineering) that they
",,w would not be able to submit plans for the "Surrey Ridge" Subdivision on Roberts Road
"if Perry Barrett was still involved with the property." This caused the developer to lose
interest in purchasing and developing the property.
9. The City continues to flood the Associates of Meadow Lake property at Whistle
Stop Park as the berm that was constructed by the City on the park's eastern border
remains blown -out. The flooding continues today.
10. The City has diverted the storm water run -off from the north side of Roberts
`'""' Road at the entrance to Meadow Lake to the south side of Roberts Road into a
substandard retention swale. During a heavy rain event the water overflows the
retention swale and floods the Surrey Ridge property in a "sheet flow" manner. Before
the City made these improvements, I informed them, in writing, that this would cause
the flooding of my property
Mr. Hooper, since the time that the current law suit was referred back to the City
Manager's Office for settlement discussions, I have also been talking to additional
attorneys. The attorneys believe that not only do I have the outstanding Associates of
Meadow Lake vs. Edgewater claim, but I have additional claims that can be brought
against the City of Edgewater for the wrongs that have been committed against me. I
Noir have been told that it is easy to see the continuing agenda that has been followed by the
City of Edgewater and agree with me when I say that the City of Edgewater has ruined
my life since 1990. Additionally, they have stated that if I do not resolve the Associates
suit with the City of Edgewater, I might want take the appropriate steps to protect my
interests in these additional claims also.
After much consideration, I have drafted the settlement agreement as enclosed. This
would allow me to get on with my life and the City to also get on with their business
which I would hope will be dealt with more professionally in the future.
The settlement as enclosed is for your review and discussion. Please contact me to
discuss as necessary.
Since,
L— z `
*r.. Ferry R. Barr
PRB: rh
Enclosure
..
SETTLEMENT AGREEMENT
ASSOCIATES OF MEADOW LAKE, INC.
CITY OF EDGEWATER
otew
This Settlement Agreement would settle the current suit between the parties as
hereinabove named.
The City of Edgewater to reimburse the street light impact fees as requested, the Indian
River Boulevard convenience store Code Enforcement fine and the Lot 72 Meadow Lake
Code Enforcement fine, with interest from date monies taken, or refund request received
by the City. (Items 2, 5, and 6 preceding correspondence.)
The City of Edgewater or their assigns to receive a deed from Associates of Meadow
Lake to the Meadow Lake retention pond property necessary for proper functioning of
the Meadow Lake stormwater system.
Associates of Meadow Lake and /or assigns to take the storm water run -off from the
north side of Roberts Road, which is currently being diverted to the south side of
Roberts Road into the "Surrey Ridge" storm water system when developed, if brought
to the "Surrey Ridge" property line by the City of Edgewater with calculations.
Contingent upon continued ownership by Associates or assigns.
The City of Edgewater to fix the berm on the east side of Whistle Stop Park properly to
prevent the continued flooding of the Associates of Meadow Lake property.
t `" The City to issue a statement concerning the Whistle Stop Park flooding of the Associates
of Meadow Lake property that, in fact, it was the City's fault that the flooding occurred
because the berm was not constructed on the eastern park boundary line and the culvert
under 28th Street was plugged during the park construction.
The City to give 150 non - exclusive impact fee credits for sewer and water impact fees to
Associates of Meadow Lake or its assigns.
The City of Edgewater to pay to Associates of Meadow Lake or assigns the sum of
575,000 as costs.
taw
CITY OF EDGEWATER
City Manager's Office
facsimile
TRANSMITTAL
to: Donna McIntosh
fax #: 407 - 330 -2379
re: Associates of Meadow Lake Settlement Proposal
date: August 4, 1998
pages: 5, including this cover sheet.
Donna,
Mr. Hooper asks that you review Perry Barrett's proposal and contact him with
your comments.
Mr. Hooper will be in his Edgewater office Wednesday, August 5.
From the desk of...
Liz McBride
Itorr Executive Secretary
City of Edgewater
104 N. Riverside Drive
Edgewater, FL 32132
424 -2404
Fax: 424 -2409
c: \forms\mcintosh. f8
INDEX:
1. Gas Stop issue from 1990 was the first issue Barrett had with Mark Karet and City
Manager Elly Johnson.
2. No More Bull campaign literature as advertised during elections in Fall of 1990.
3. June 7, 1991 letter from Barrett to City Engineer Gates Castle asking Gates Castle what
progress they have made with the water problem that Whistle Stop Park was causing for
Meadow Lake. Partial June 19th reply from Gates Castle. This states that he will be looking
into the possibility of draining the Park's water under 28th Street. Had Gates Castle seen the
original St. John's permit, he would have known the culvert was supposed to be in under 28th
Street and already draining the water. At this time the City of Edgewater Engineer must not
have been aware that the St. John's storm water permit for the Park construction even existed.
4. Letter from Fred Munoz (Acting City Manager) of August 12th, 1991 to Barrett.
Munoz speaks about the progress of the City on the water problem at Whistle Stop Park. This
letter is in reply to Barrett's August 8th, 1991 letter (attached) to Munoz pointing out all of the
problems that the Park was causing.
5. Article from newspaper stating that Mark Karet informed the agency that the Surrey
Ridge project would not be able to be built unless water improvements were in place and
available. Any chance Karet had to throw a black cloud over any of Barrett's projects, he took
the opportunity and acted on them negatively.
6. Newspaper article about Karet and his negative attitude in City Hall against Barrett.
Also states Barrett not looking for favors, but just wants Council to do what is right.
7. Short history on Barrett and some of the problems he has had with the City of
Edgewater since 1990 when the Gas Stop issue was addressed.
8. Survey map showing the old culvert and new culvert placed under 28th Street to allow
the water to flow out of Whistle Stop Park to the drainage canal to the north. Keep in mind
the old culvert was plugged when the Park driveway was constructed. Water run -off from the
Park could no longer flow to the North. The new culvert was placed in August 1991. This
survey is dated September 3rd, 1991.
9. Letter from St. John's Water Management District to Gates Castle, the Edgewater City
Engineer. St. John's outlines for Gates Castle what the City must accomplish to complete their
storm water permit on Whistle Stop Park. The letter points out that the berm on the eastern
boundary of the Park is not in place and water is flooding onto the Meadow Lake property.
Also attached is the actual permit that the City applied for in 1987 when Park construction
began.
10. Newspaper article of August 13th, 1991 with quotes from Munoz. Munoz states that
they just put in the culvert under 28th Street. Munoz also states that "we want to keep the
water in our area ".
11. Current lawsuit Associates of Meadow Lake vs. the City of Edgewater "Statements of
Facts and the Case."
12. Copy of Quit Claim Deed from Coleman Construction for Parcel "A" of the Meadow
Lake Subdivision property to Associates of Meadow Lake.
13. Photographs of Whistle Stop Park, flooding off the City Park to Meadow Lake, berm
as built in late 1991 to comply with St. John's permit for Park, berm blown out in rainstorm
shortly after, transfer ditch on North side of 28th Street, and photographs of both old and new
culverts under 28th Street and their drop into the Northbound canal.
14. Settlement Agreement recently submitted to the City of Edgewater to settle lawsuit of
Associates of Meadow Lake, Inc. vs. the City of Edgewater. ,"�i,' (9 j_
1
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HELLO -
My name is Perry Barrett and I moved to Edgewater in 1976 from a Chicago suburb, Lansing, Illinois. In 1977
I started a construction business, Ponderosa Homes. Since that time I have also built and operate the "Old Tyme
General Store” on Roberts Road and the "Gas Stop" filling station on U.S. 1 in Edgewater. I would like to take
a couple minutes of your time and tell you about the candidates I am supporting in the upcoming elections. The
City of Edgewater is facing many issues at present, such as the capital improvement program, and we need to
get a city council and mayor voted in who sincerely have the best interests of the citizens and City of Edgewater
at heart. I am pulling for the following people in their respective areas, and I believe we should all give them
our support and votes, and make them our "Team Edgewater" for the upcoming two years.
ZONE 1 - KEN MILLARD
Ken has lived in Edgewater since 1975 and currently lives on Riverside Drive. He is retired after a career in
advertising and has been active in Edgewater since moving here. He served six years on the Board of Adjust-
ments as chairman and still frequently speaks at council meetings. He has had many letters published in local
papers concerning Edgewater government. He is married to Sparky, his bride of 47 years. Ken served in the
United States Air Force, U.S. Training Command. Presently he has membership in the Elks and is a past mem-
ber of SCORE. I like Ken for the position of Zone 1 councilman because he is honest, has the time to spend
researching the issues, and would bring leadership to the council.
ZONE 2 - LOUISE MARTIN
Louise Martin is a 15 year resident of Edgewater along with her husband of 31 years, William. They originally
came here from Huntington, Long Island, New York where Louise worked in banking for 34 years. One of her
jobs while in banking was operations officer for the institution. She thrives on problem solving which includes
locating the problem, finding the solution and then solving the problem. Louise would be a valuable asset to
our upcoming council . She is a very good person and listens to all sides before making her decision.
(over)
T 1 u
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14 1^ L
3 _
. - June „ 1991
,� Q
,
q -) .- ();)
,,
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'. Mr. Castle
CityrEngineer
Cityrof Edgewater
Mr. Gates Castle: •
Concerning the letter you mailed me on May 6, 1991 (copy attached) I was
wondering what progress you have ivade on addressinil the water run off
problem from Whistle Stop Park. As you know with the recent rains we have
now had the Meadow Lake area is becoming more and more flooded and much of
this is because of Llie water that is coming off of the ball fields. You
need to start action aL once on rerouting the parks run off. Your letter
pointed out that most likely the best way to run the water run off u is to
the north by going underneath 28th and into the drainage canal just north
Y
:of, 28th street.
I would appreciate a reply from you on this subject at once as I believe
it`is a situation we need to take action .on at once.
ff '}
Than] ` ou .
� ,
/
� Pe ry' R • Barre t
K: i enc. 1
p c Mayor -- and Council
k Fred:Munoz I
J ;qfMeadow`Lake Homeowners'' Assoc.
Don *Ma sco, Meadow Lake Homeowners 'Assoc. Bookkeeper
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SWAT /
CITY OF EDGEWATER
104 N. RIVERSIDE DRIVE (
* * P.O. Box 100 - Edgewater, Florida 32132 -0100
_ -t (904) 428 -3245 SunCom 371 -7005
•
• /TALITY t✓
•
June 19, 1991
Mr. Perry Barrett
602 Indian River flvd. Suite 204
Edgewater, F1 32141
Subject: Meadow1 :':Li "Recreation" Area
Dear Mr. Barrett:
This is in re °,pon-: to your June 7, 1991 letter regarding
water lying_ in the subject area. The data collection (field
elevations, park. plans and utility plans) haT: been !undertaken in
order to determine if the park runoff „ can, in fact. be directed
north under 28th Street. I will continua to :-cork on this
project, however, the park runoff. doesn't appear to be a :major
factor ,in the present "flooded” conditions in the subject area.
If there are any questions, please call.
Very truly yours.
•
Gates D. Castle, P.E.
City Engineer
CC :Mayor and Council
Acting City Mann_ er
Meadow Lake Hon.ecrners' Association (Mr. Wheeler)
Don tiasso, hleaao.•1 La4e HorneoL.aners Assoc arion Bookkeeper
GDC /rsv
,e WA, q
° : CITY OF EDGEWATER 1
. , ' - 3�
104 N. RIVERSIDE DRIVE
*
P.O. Box 100 Edgewater, Florida 32132-0100
' (904) 428 -3245 SunCom 371 -7005
40-ALATr o‘ 4 August 12, 1991
Mr. Perry R. Barrett
Ponderosa Homes
602 Indian River Boulevard
Edgewater, FL 32141
Subject: Your letter of August 8, 1991
re: culvert work
Dear Mr. Barrett:
Yes, we have been making progress in providing some relief to the
area around 28th Street and Whistle Stop Park. Where the
suggestion originated for the work done and to be done is not to
be debated because the important point is that relief has been
obtained after the recent rains.
The previously blocked culvert has been unblocked and is providing
flows to the drainage canal and North. Also, culverts across 28th
Street and Fern (near 28th Street) have been installed and more
work will continue in the area.
The whole issue of the drainage problems into Meadow Lake area
remains in dispute. That water drains to the East from the Park
is not disputed but my understanding is that your engineering
design anticipated and provided for this run off and that if the
system had been constructed as designed there would be little or
no problems. It seems that one way of resolving the issues would
be through the use of a Mediator through the Florida Growth
Management Conflict Resolution Consortium who specializes in these
types of problems. We will discuss such an option with the Council
at the-August 13th special meeting.
I am pleased that you have noticed our efforts to build the berm.
After a recent staff meeting we decided to mitigate any drainage
that may be contributing to Meadow Lake's drainage problems. We
wish to eliminate any claims that you may make that we are
principally responsible for the drainage problems in the Meadow
Lake areas. Staff feels that our efforts, while offering some
relief to Meadow Lake, will not eliminate the problem and that only
construction to the design will accomplish this.
•
Page Two
August 12, 1991
I have been wondering when and under what circumstances the
pictures you provided ( #11 and #12) would appear. I was previously
informed by a Meadow Lake resident that either you or your
representatives (I don't recall which) had brought in some children
to pose for pictures - we are pleased that adult supervision was
provided. Regardless of any staging that may have been done, your
point seems valid and I will have staff make the necessary
corrections. For your part, if you in fact have a troop of
children, we would appreciate it if the children are kept out of
the area and the potential danger which you highlight.
While the article you provided is possibly relevant in other areas,
and it is important because of the danger that it points to, it is
not similar to our situation on 28th. The article speaks of a huge
retention pond which is not what we have.
I truly appreciate the positive and helpful tone of this letter and
hope that with the help of a Consortium Mediator we can resolve the
remaining issues and establish a method for future endeavors.
Si/5:-- rely,
/ ' / \--, /
Ferdinand Munoz L.-----2//
Acting City Manager
FM:lsk
cc: Mayor and Council
Interim City Attorney
Meadow Lake Homeowners' Association
Don Masso, Meadow Lake Homeowners Assoc. Bookkeeper
•
August.?8,` 1991 •
;: 1
Mr. Fred Munoz
Acting.City Manager •
City of• Edge rater •
P:O. Box 100
Edgewater, FL 32132 . •
Mr. Fred,Munoz:
I am writing to you rather than Gates Castle because it is my understanding
that Gates Castle desires any correspondence to be directed through you:
(see letter attached -i1). _ ::.
',First of all. „3 lip - say I i am happy to see that the city finally opened the
culvert'; that runs' 1friderneath 28th'..St and : opening of the culvert :ha$,
relieved the stagnant's'storm'Water' not only in the •city's park, but also
on the Meadow Lake property between the subdivision and the city park.
This culvert was uncovered on the south side of 28th St. on July 17th allowing
water to flow in a northward direction. I informed you of this situation
in an earlier letter (copy attached 42) and also told you about the problem
in person during the second week of July, 1991 at the city park when you
and Gates Castle met with myself. ••
I witnessed the installation of an extra culvert being installed underneath
28th St. on July 30, 1991 and it was installed at the same heights as the
culvert that vas already installed that previously had one end blocked.
It was installed because the water could no longer get to the original culvert
because the city's park driveway blocked the water flog to that point. This
blockage of course would have been done when the city installed the driveway
into the park off of 28th St. By Saturday, August 3rd, the water that_,had
been holding in the entire area on the south side of 28th St. and north
of Roberts Road had dropped over 12 inches in elevation!
With a visual inspection of the park's parking area that is causing the
water drainage problem into the Meadow Lake area, I see that the parking
area has been regraded and the 8” to 12" deep gullies that were washed out
from the flooding rains have also been smoothed over with a bulldozer.
I also see that the city seems to be trying to form a berm along the park's
eastern boundary line which would be the western boundary line of the Meadow
Lake property. I suggested this to the City Engineer in an earlier letter
(see copy attached -43). hopefully this berm will be completed along the
park's eastern boundary line and the water that previously has been flooding
Meadow Lake instead of following its historical path through lot 15 Edgewater
Country Estates will then be directed to the north and run underneath 28th
St. through the culvert that has now been opened or the other culvert that
was recently installed. •
Mr. Munoz, I am also sending to you a photo that shows the original culvert
that went underneath 28th St. the day it was opened up, which was July 17th.
111'wood was laid across the culvert opening so no ono Could fall in the
hole and a road barricade with red ribbons were Strun(j out. In the background
'tl'.
I ∎ ;;
at '
Mr.. Fred Munoz
of the photo you can see the extensive water ponding that the runoff from
the city park created. (see attached - #14)•
Please also find enclosed a photo oful large
dozed ad eveled the week
l n li were n the
parking lot of the park before they ��ere b
of July,29th. •(see photo attached - #
.Please also see attached a photo of the excessive ponding that the park
causes from water runoff on the eastern one half of the park. You can see
the large gullie in the foreground of the photo that washes out in a northbound
direction and then the ponding starts. Where the ponding starts this water
ties in directly to the water that is standing in the Meadow Lake area.
(see photo attached - #16). .
Just so you have it for your records also at city hall, I am enclosing photos
of two more large gullies that run from west to east across the park's parking
lot. These were also bulldozed over during the week of July 30th , (see photos
attached #7, #8).
I am also enclosing for the city's files a photo that shows the water actually
running off of the city parking lot and collecting in the Meadow Lake property.
(see ,photo #9, #10) . i : ,
• i
I do not like to bring bad news when you seem to he making such good progress,
but I think there is one area,which you should check into. The culvert
that the city installed underneath 28th St. on July 30th channels the storm
water to the north side of 28th St. On the north side of 28th St. the city
has excavated a drainage ditch and 1 feel this drainage ditch might be a
problem. Being a developer I know that all drainage ditches that I would
be allowed to dig as at developer must have 4 to 1 side slopes. This ditch
has side slopes that are not even 1 to 1. This could be hazardous as the
sides are apt to cave in. I enclose some photos to you that show children
playing in this ditch and the water roaring down it, and I also enclose
photos that show the sides of this ditch collapsed inward. (see photos #11,#12,#13).
I also enclose to you an article from the Orlando Sentinel where a young
icy died after a tunnel of sand collapsed on him. (see attached - #114).
iou have all the incyddieuts here that could cau :,u a di :;asLer such as this
as you have kids playitrg in the ditch, and the sides of the ditch collapsing.
Thank';.you very much for your time. c.
. . • 7 — .s. ,
•
. •,/
•erry R. Barrett
enc.
p.c.s'. and council
: :Acting City Attorney •
': file for incoming City attorney -
.`.Meadow Lake homeowners' Assoc. .
Don Masso, Meador Lake Homeowners' Assoc. Bookkeeper
; Legal counsel • '
.V:
,1.% ,.
f
r y i
.
• " V.
rJ t
I.
Mr. Fred Munoz Page:;3
.
Mr. Munoz, if you remember correctly, I suggested to yourself and Gates Castle
that if another culvert was installed underneath 28th St. to get around
the problem of the city park driveway blocking the flow of grater to the
culvert that was already underneath 28th St., I suggested that the culvert
be buried diagonally underneath 28th St. and go from the basin on the northeast
corner of the park property' which was holding water directly on a diagonal
to the northwest to the drainage canal. By running a culvert diagonally
the problem of having to dig an exposed drainage ditch along the north side
of 28th St. Mould have been bi- passed. Should you have Laken my suggestion
you would not have opened the city up to any other liability from this ditch
that :you have now constructed on the north side of 28th St. which might
cause, a problem as in the aforementioned paragraph.
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1 ' :'" , ' ,.... .- ' . _ - : - . 4p i__y ,_),,--' ---- ,
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' y : - By MA RK MILLER �
EDGEWATER — ..--- `
� r., ` l`���
have . enough t , r r, J �) C ' -S.- .
t _', Edgewater's rapidly i� v i' i f) c L c_' ? ,
s
p lant's capacity.. — ' - f ; / ,.
� { . - ,. But until a new i.∎ `,/ tti r" , !'.'t • l - `
.iV . , .-- 4- 31 1,7 "" ''.. . diminish,: and hous ,J- / ,/ - L'' r.... _
tt rP L . worsening � � ' y
� ; w � ,` : , � engineer Ron Ferlan - -
i According to Utili ,... ( _ � 1
_) f L
E. k ,;0 ' : is definitely of the G N 4
t o ' , yet. don't :
i - rob ability than a p
�, ?,_ =p moratorium" on n ✓mil
�4. a �
° � v u Ferland estimated
.�.. ,a« vi �v�i� � uccion�r[ne _.
4 - mand for another tv , - -- - -�
WATER continues on Page 2
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Shorage could blow Tap s , . .. ,
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-,,T,„-=,-,
��ah for proposed subdivision rthe
.. .. EDGEWATER — A 158 -unit subdivision on the drawing board fo
,..,...._, ,7- '' � Roberts Road area is doomed if the city's proposed water system im -,.-
�`,, ; � provements don't go through, Planning
Director Mark Karet informed -
�"• . ` the Land Development and Regulatory Agency Thursday -
- �` The board voted 6 -0 to give preliminary plat lat approval to the project,
provided the water system improvements go through or as water is avail-
-` -
r. ' able. The developer of the project is Surrey Ridge Inc.
R ; � �,�� Karet said city staff do not object to the subdivision, which would be
•,_- - built on 40 acres. It would be composed of multifamily townhouses, du- -
plexes and single - family homes. . .
omes. .
Karet said the plans meet the letter of the I TAPS continues on Page 2
lens u{ p
p6'`'r'ir r � , y a _µ` : " ,, a t- s . a, , • (e ideS ^rff Y �� 6r _ � ._
.r} pi :4, r 4. j _: i: �a'. 7 . 1 , i 1i. t : 5 + 1
C�unc ' team ' be nefactor face off
..: _ -.-
By MARK MILLER ning Director Mark Karet, said he should be
(11,
able to remove trees to begin preparing the site
EDGEWATER =The City Council will have a for construction now that he has preliminary
tricky decision to make Monday: Should coon plat approval.
cilmen waive a city ordinance and approve a But Karet responded that Barrett may not re-
tree removal permit for a campaign supporter's move trees at the site until the city engineer ap-
new subdivision? proves construction plans, an intermediate step . •
Businessman Perry Barrett, who helped get between preliminary and final plat approval.
the mayor and three councilmen elected, asked "Physical development of the site may not
the city for a tree removal permit. But the Plan- proceed until the construction drawings are ap-
ning and Zoning Department said he must wait. proved," Karet wrote in a memo to Fred Munoz,
To resolve the matter, Barrett has asked for acting city manager.
time to speak at Monday's meeting, at 7 p.m. in Barrett wrote a long letter to Karet com-
the Community Center, 102 N. Riverside Drive. plaining that he was not being allowed to clear
The Land Development and Regulatory Agen- trees.
cy granted Barrett preliminary plat approval for Barrett wrote: "All you do is tell me reasons
his planned Surrey Ridge subdivision on Rob - why I cannot accomplish wh
ti 1 at ws would like
t 3
erts Road. Barrett, in an April 30 letter to Plan-
COUNCIL 6 i don't need any favors. I
• continued from Page 1
don't want any favors.
. Everything is negative, negative, just want (councilmen) to :
negative♦_. do what's right ;9 •
"I have talked with many other peo-
ple .in . the -city of Edgewater . (who) •
have tried to develop property within
• Edgewater. They have come into your
department and have asked for help. Edgewater."
Nine out of 10 of these people that I Barrett said Friday he does not ex-
' • talked to co me out shaking their head pect any special favors from the coun-
and `telling the same story. They say cil.
that you will tell them four, five, six "The name of that campaign was
or even 10 reasons why they should 'No More Bull," said Barrett. "I'm
not be trying to do what they are try- still getting bull down there.
ing to do ... I will bring at least 10 in- "I don't need any favors. I don't
dividuals to the next City Council want any favors," he added. "I just
meeting and they will all stand up want (councilmen) to do what's
and tell the same story." right."
Karet said Wednesday his depart- In other business, the council:
ment follows city ordinances when ❑ Will reconsider annexation of 455
making decisions. acres 1 mile south of Roberts Road on .
Barrett, owner of Ponderosa Homes U.S. 1 for development of a golf
and other businesses, supported with course community of manufactured `
newspaper advertisements and signs houses. . -
four of the five councilmen elected ❑ Will review the agenda format,
during' last fall's campaign. Kirk the rules by which city meetings are
Jones is the only councilman who conducted, and appointment proce- _
_was .not ,.a part of Barrett's "Team dures to city boards. — -
■
1. I originally came to Edgewater in 1975 and purchased a lot in Florida Shores and
then built a house on it which was finaled out in 1976. I moved full time to Florida from
Chicago. Went and took the Florida Stae license exam for a residential contractor
license and passed it in December of 1977. Went into business as Ponderosa Homes, Inc.
in January of 1978.
2. I built over 400 homes through 1990 in Florida Shores and surrounding counties
and cities.
3. In December of 1988 opened the Old Tyme General Store on Roberts Road and
in March of 1990 purchased the Gas Stop property on North Ridgewood Avenue and
proceeded to open it as The Gas Stop. Had a problem obtaining the occupational license
for The Gas Stop after over $100,000 was spent improving the property. All permits
were issued except for the occupational license. Went in front of City Council and
obtained the occupational license as the City Council voted against staff
recommendations.
4. In early 1990 1 purchased the 40 acre property on Roberts Road next to the
elementary school under construction. Stopped the elementary school from draining
their water across the 40 acre parcel of property. This was done against the wishes of
the City Hall staff.
5. In the Fall of 1990 I got involved in Edgewater politics backing the "No More
Bull" campaign. Four (4) out of five (5) of the people backed got elected. I never asked
for anything from the elected people. When first elected, they worked as "Team
Edgewater," but after 6 months in office all the elected people seemed to go in different
directions.
6. In the Fall of 1990, purchased 41 lots in the Meadow Lake Subdivision from the
original developer.
7. In the Summer of 1991, the Whistle Stop Park which had just been constructed
flooded the Meadow Lake property. When this occurred the City pulled my building
permits in Meadow Lake, would not let me submit new plans for permits, and stopped
inspecting any jobs I had under construction in Meadow Lake. I told the City that the
Park was the cause of the flooding of the Meadow Lake property. As time went on I
pointed out to the City that they had not completed the Whistle Stop Park to the
originally submitted plans as given to The St. John's Water Management District. I
pointed out that there was no berm on the eastern boundary line and they had plugged
the culvert under 28th Street that previously allowed the storm water to flow to the
north. While I was telling the City where the problem was they were pointing the finger
at me and blaming me for the flooding. They would not allow building to continue in
Meadow Lake and the City fed the local newspapers with stories that I was the fault of
the flooding.
8. The arbitrary treatment and harassment of myself continued. It was plain to see
that it was a personal vendetta by some staff officials at City Hall against Perry Barrett.
Arrogance and bad faith on the part of a few people running City Hall because I had
challenged them on The Gas Stop issue, challenged them on the drainage of the school
parcel issue, and backed the campaign "No More Bull." It was a personal attack - a
definite vendetta. I tried to work with the City staff, but everything I said always met
deaf cars of arbitrary individuals at certain levels of City government at the City Hall
of Edgewater. While this continued there was no positive business accomplished on my
part. My time was spent jumping through unnecessary hoops and hurdles.
(Insert 10 Items)
9. Since the 1990 elections and The Gas Stop issue, Perry Barrett could not do
anything right. Previous to 1990 he had built over 400 homes in the Edgewater area
since 1976.
10. The Associates of Meadow Lake vs. City of Edgewater lawsuit was filed after
many attempts to work it out with the City of Edgewater. I was prodded many times
by previous City Manager George McMahon as he seemed to always end meetings with
"Perry if you don't like it, sue the City."
11. I have always wanted to work out a remedy with the City of Edgewater and have
never asked for anything out of the ordinary concerning approvals and permits.
12. At present the lawsuit against the City of Edgewater is in the Supreme Court but
I still want to settle and proceed with a positive business relationship once again
established with the City of Edgewater.
Some of the events that have occurred since 1990 have been:
1. The City caused Associates of Meadow Lake the loss of use on the Meadow Lake
building sites as the City issued stop work orders while accusing Associates of causing
the flooding. This is the flooding that was actually caused by the Whistle Stop Park.
The City also withheld building permits, inspections, issuing of Certificates of
Occupancy, and created unnecessary hardships for Associates of Meadow Lake during
this period. The City also caused Associates to spend over $150,000 to make unneeded
improvements.
2. The City would not reply to my three written requests that I be reimbursed for
$6,067 in street light impact fees. Rather than reply, they took the street light impact fee
monies and placed them into the General Fund and spent it on items other than street
lights at their discretion.
3. The City arbitrarily revoked the building permit on the convenience store I was
building on Indian River Boulevard and furthermore revoked the special exception to
install gasoline on this site and all site plan privileges given to me previously by the City
on the property. This caused me to lose over $150,000 in cash on this project plus the
loss of profit I could have had by either operating the business or selling a completed
convenience store property. The City then allowed a purchaser to purchase the property
and did not require that purchaser to apply for a "special exception" to install gasoline,
etc. The City bent over backwards to help the new purchaser after arbitrarily revoking
my permit, special exceptions and approvals on the project.
4. The City would not issue me building permits in Pelican Cove West Subdivision
on 50 foot lots as they had issued to the original developer of the subdivision. I had the
entire subdivision under an "Option to Purchase" agreement and had gencratcd presales
for homes to, be constructed in Pelican Cove West which were then lost due to the
building permits not being issued. The City then went further and would not even issue
permits to me for duplexes which were connected by the garages. The City therefore
caused me to lose everything I had spent developing the Pelican Cove West program,
deposits, and loss of profits from sales that were gencratcd.
5. The City fined me $9,480 on a "Code Enforcement Fine" on the Indian River
Boulevard convenience store that had been under construction. The code enforcement
fine was brought in under heading "storing building materials ", and the building
materials which I had stored in the building were the materials to finish the construction
of the project. The $9,480 was paid to the City of Edgewater on the transfer of property.
6. The City fined me $5,000 a "Code Enforcement Fine" on Lot 72, Meadow Lake.
The code enforcement fine was brought in under heading "storing building materials ",
which was for keeping 50 concrete blocks stocked on the site without a building permit,
while the entire subdivision was under construction. The $5,000 was paid to the City of
Edgewater on the transfer of property.
7. The City violated my civil rights on three occasions when I had scheduled
meetings with the City Attorney and I brought a recording secretary to keep the minutes
of the meeting in the event I wanted to appeal a decision that would be the outcome of
the meeting. Upon seeing the recording secretary, the City Attorney immediately
canceled the meetings.
8. The City Director of Community Development in 1997 told Marvin Miller (an
Ormond Beach developer) and Lloyd Griffith (of Lochrane Engineering) that they
would not be able to submit plans for the "Surrey Ridge" Subdivision on Roberts Road
"if Perry Barrett was still involved with the property." This caused the developer to lose
interest in purchasing and developing the property.
9. The City continues to flood the Associates of Meadow Lake property at Whistle
Stop Park as the berm that was constructed by the City on the park's eastern border
remains blown -out. The flooding continues today.
10. The City has diverted the storm water run -off from the north side of Roberts
Road at the entrance to Meadow Lake to the south side of Roberts Road into a
substandard retention swale. During a heavy rain event the water overflows the
retention swage and floods the Surrey Ridge property in a "sheet flow" manner. Before
the City made these improvements, I informed then, in writing, that this would cause
the flooding of my property
//i----tti / M tftD)
/ LOT 3 1 / LOT 32 I I LOT 33 c \ '
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(EXCEPT AS SIi0WN
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SET 5/8"
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y - / S 17 ° 23'07" E 97.97' TOP of
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_ l FOR: PONDEROSA PONDEROSA HOMES. INC.
SCALE: 1 "250•
TYPE OF SURVEY
SHEET I OF
FIELD BOOK 499 PAGE(S): 33 -
CI JOB NUMBER PARTY CHIEF DRAWN BY
-
SKETCH OF DESCRIPTION - -
BOUNDARY SURVEY 8/15/90 - 90 -2901 - JR - TC - V.
TOPOGRAPHIC SURVEY : 9/3 /91 - 91 -2472. - DP - T - S.
-
FOUNDATION SURVEY -
-
FINAL SURVEY - -
RECERTIFICATION SURVEY : - .
D -1691,
/1 - 9
Bt JC. a� RIVEO. Henry Dear.. Exe.ULve 3ireC:b'
John R. WEahIE. Assis:an: Exe :.'uvE Dur �
• WATER POST OFFICE BOX 1429 PALATKA, FLORIDA 32176 -1429
r _ TELEPHONE S)04132¢ -4500 SIJNCO►.S 904/860-4500
DI
FAX (EJLECU T1VErlEC3 AL) 32412! (F£RNRTIHO) 3291313 (ALAN NIS TR A710 H/FMiAHCE) 329 -150
FIELD STATIONS
ete E SO VT Sr 1ee.. 777S Fiaeme WO. Way PERMITTING: OPERATIONS:
0r9.roc. Frcrioa 32E Suk• 102 305 Easl Dnv. 1133 N. K',ocnwm Fw
a0Ire9a -5,23 J+- - xea'wi , ..Fbro. 322SE µe bourne.Florio• 32 Me bourne Fbnai 32935 -E109
September 19, 1991 904:730-6270 •0 1 --C940 4-7125
Mr. Gates Castle, P.E.
City of Edgewater
104 Riverside Drive
Edgewater FL 32132
RE: Vhistlestop Park; Permit 42 -127 - 031 4
Dear Gates:
Thank you for taking the time to meet with - me on Friday
13, 1991, at your office and the project site. To review, our
discussion centered on bringing the stormwater management
system in compliance with the permitted plans. The following
observations were noted during the site visit:
1. The conveyance swale on the eastern property boundary
was not fully defined or completely
vegetated /stabilized. Some sediment accumulation has
occurred offsite (on Meadowlake subdivision
property).
2. The swale on Roberts Road frontage appears to have
been altered, possibly due to the road widening
Project.
3. There was no evidence of the swale (on the west side)
proposed to meander along the Fitness Trail.
4. Our files show that an as -built certification was
never received for this project.
After our discussion of the above referenced items, it is
my understanding that the following activities will be
undertaken to bring the project into compliance -with the -
pel_mitted plans:
1. Complete the construction and stabilization of the
conveyance swale on the eastern property boundary.
Remove all sediment accumulation on the adjacent
property. -
2. Re- establish the swale on the Roberts Road frontage.
Saundra H. Gray, CtiIIRI.LAN Joe•E. Hill, VICE Cw IR1tAN Joseph D. Collins TREASURER Merit: C. Fore sFCRETARY
DE GARY LEESBURG JACILSONVILLE - CCAV`
Jesse J. Parrish, I11 Ralph E. Simmons Patricia T. Harden Lenore N. MCCullaoh James H. wUiarr
TmJSVILLE FERNANDINA BEACH SANFORD ORANGE PARK OCALA
ces Castle, P.E.
e ber 19, 1991
2
•
3. Construct the swale along the Fitness Trail (on the
West side).
4. Upon completion of the above activities, an as built
survey and certification by a Florida Registered
Professional Engineer shall be performed. The as
built documents will be submitted to the District and
staff will conduct an on -site review of the completed
project.
Your assistance and prompt attention to this project is
appreciated. It is anticipated that your submittal will
b
made as per your estimate of 45 to 60 days. I you any
questions, then please contact the Orlando Field Office at
(407) 894 -5423.
Si c-rely,
•
G; y Coo? , Engineer
D-lartment of Resource Management
GC:mb
cc: Pat Frost‘
Dave Dewey
Deirdre Irwin
Orlando Permit File
Perry Comas
•
7 JO HNSF7rVEi7 . — �� -•
-- "C�. w
7
V1 /AT E R Henry Dean, E xecutuve Director
Mildred G. Horton, Deputy Executive Director
t_-". -:t n.,• .,W- MANAGEMENT DISTRICT POST OFFICE BOX 1424 • PALATKA, FLORIDA 32078-1429
90-4/328 -8321
•
June 8, 1987
--- - City of Edgewater
P.O. Box 100
Edgewater, FL 32032
RE: Permit 442- 127- 0314NG
Enclosed is your Stormwater Discharge permit as authorized by
the staff of the St. Johns River Water Management District on
June 8, 1987.
This permit is a legal document and should be kept
with your other important documents. The attached Completion
Report should be filled in and returned to the Palatka office
within thirty days after the work is completed. By so doing, you
will enable us to schedule a prompt inspection of the permitted
activity.
In addition to the completion report, your permit also
contains conditions which require submittal of additional
information. All information submitted as compliance to permit
conditions must be submitted to the Palatka office address.
Permit issuance does not relieve you from the responsibility
of obtaining permits from any federal, state, and /or local
agencies asserting concurrent jurisdiction for this work.
In the event you sell your property, the permit will be
transferred to the new owner, if we are notified by you within
ninety days of the sale. Please assist us in this matter so as
to maintain a valid permit for the new property owner.
Thank you for your cooperation and if this office can be of
any further assistance to you, please do not hesitate to contact
us.
S erel
-
Dannise . Kemp, Director
Division of Records
DTR:jo
Enclosures: Permit with Completion Report
Notice of Rights
cc: District Permit File
C. Ferrara
RALPH E. SIMMONS JIM T. SWANN LYNNE CAPEHAR T JOHN L. Mir :TON
Chairman • Fernandina each Vice Chairman • Cocoa Secretary - Gainesville Treasurer • Vero Beach
IDWAL H. OWEN, JR. FRANCES 5. PIGNONE KELLEY R. SMITH, JR. SAM L. SWETT SAUNDRA H. GRAY
Jacksonville Orlando Palatka Jacksonville DeBary
—
•
• ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
Post Office Box 1429
Palatka, Florida 32078 -1429
PERMIT NO.• 42- 127- 0314NG DATE ISSUED June 8 1987
A PERMIT AUTHORIZING:
The construction of a stormwater facility to serve the Park on
Roberts Road, a 0.84 acre project, pursuant to plans submitted to
the District on May 21, 1987.
LOCATION:
Section 11, Township 18 South, Range 34 East
Volusia County
ISSUED TO:
(owner)
City of Edgewater
P.O. Box 100 -
Edgewater, FL 32032
Permittee agrees to hold and save the St. Johns River Water Management
District and its successors harmless from any and all damages, claims,
or liabilities which may arise from permit issuance. Said application,
including all plans and specifications attached thereto, is by reference
made a part hereof.
This permit does not convey to permittee any property rights nor any
rights or privileges other that those specified herein, nor relieve the
permittee from complying with any law, regulation or requirement
affecting the rights of other bodies or agencies. Pll .structures and
works installed by permittee hereunder shall remain the property of the
permittee.
This Permit may be revoked, modified or transferred at any time pursuant
to the appr- opriate provisions of Chapter 373, Florida Statutes:
PERMIT IS CONDITIONED UPON:
1. THOSE CONDITIONS AS AGREED UPON IN SECTION II OF THE APPLICATION.
2. ALL SIDE SLOPES AND DISTURBED AREAS MUST BE SEEDED AND MULCHED OR
SODDED WITHIN 30 DAYS OF CONSTRUCTION.
AUTHORIZED BY: St. Johns River Water Management District .
Department of Resource Management Governing Board
By: 1 .'dikab •
Le ,j ngi eer
•
• . NOTICE OF RIGHTS —
1. A party w hose substantial interests are determined has the right to request an administrative hearing
by filing a written petition with the St. Johns River Water Management District (District) within 1 -1 day of
receipt of notice of the District's intent to grant or deny a permit application by mailing it to the District or
by presenting the written petition at the District Governing Board meeting in which action is proposed to he
taken regarding the application, whichever is later.
2. A party whose substantial interests are determined has the right to request an administrative hearing
by filing a written petition within 21 days of receipt of notice of final District action on a permit application,
_
7-The Governing Board took action inconsistent with the notice of intent to grant or deny the permit application,
or if than substantially interested party did not receive notice of the District's intent to grant or deny the permit
application.
3. A substantially interested party has the right to a formal administrative hearing pursuant w Section
120.57(1), Florida Statutes, where there is a dispute between the District and the party regarding an issue of material
fact. A petition for a formal hearing must comply with the requirements set forth in Section 28- 5.201, Florida
Administrative Code, and Section 40C -1.11, Florida Administrative Code.
•
4. A substantially interested party has the right to an informal hearing pursuant to Section 120.572), Florida
Statutes, where no material facts are in dispute. A petition for an informal hearing must comply with the
requirements set forth in Section 40C -1.11, Florida Administrative Code.
5. Filing of a petition for an administrative hearing occurs upon delivery at the District headquarters or
when the petition, properly addressed and stamped, is postmarked.
6. Failure to file a petition for an administrative hearing within the requisite time frame shall constitute
a waiver of the right to an administrative hearing.
7. The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter
120, Florida Statutes, and Chapters 90C -1 and 28 -5, Florida Administrative Code.
8. Any substantially affected person who claims that final action of the District constitutes an unconstitutional
taking of property without just compensation may seek review of the action in circuit court pursuant to Section
373.617, Florida Statutes, and the Florida Rules of Civil Procedures, by filing an action within 90 days of the
rendering of the final District action.
9. Pursuant to Section 120.68, Florida Statutes, a party who is adversely affected by final District action
may seek review of the action in the district court of appeal by filing a notice of appeal pursuant to Fic.R.App.P.
9.110 within 30 days of the rendering of the final District action.
10. A party to the proceeding who claims thata District order is inconsistent with the provisions and purposes
of-Chapter 373, Florida Statures, may seek review of the order pursuant to Section 373.11 .1, Florida Statutes, by
the Land and Water Adjudicatory Commission (Commission) by filing a request for review the Commission
and serving a copy on the Department of Environmental Regulation and any person named in the order within
20 days of the rendering of the District order. However, if the order to be reviewed is determined by the Commission
within 60 days after receipt of the request for review to be of statewide or regional significance, the Commission
may accept a request for review within 30. days of the rendering of the order.
11. A District action or order is considered "rendered" after it is signed by the of the Governing
Board on behalf of the District and is filed by the District Clerk.
12. Failure to observe the relevant time frames for filing a petition for judicial review as described in paragraphs
#8 and #9 or for Commission review as described in paragraph #10 will result in waiver, of that right to review.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been furnished by U.S. Mail to
CITY OF EDGEWATER
P.O. BOX 100
EDGEWATER, FL 32032
�• at 4 :00 PM this 8TH day of JUNE , 19 87
4142- 127- 0314NG
Dannise Kemp, Director - -
Division cif Records ••
• St. Johns Water Management - District
Post Office Box 1429
• Palatka, FL 32078 -1429
• (904) 328 -8321
•
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STATEMENT OF FACTS AND THE CASE
On June 14, 1996, the Plaintiff Associates of Meadow Lakes, Inc., filed a complaint
action against the City of Edgewater. (R: 1 -11)
The action involved a claim for full compensation related to the unlawful flooding
of Associates' property by the City of Edgewater. As alleged in the complaint, (R- 39 -49)
associates assembled two separate parcels of property for the continued development of a
residential subdivision known as Meadow Lake. On June 27, 1991, Associates' predecessor
in interest conveyed certain real property to Associates which was necessary for the
maintenance of the subdivision's stormwater management system. That property is referred
to as parcel "A ", and a legal description of that property is attached as Exhibit "B" to the
complaint.
Sometime in late 1986 or early 1987, Edgewater developed plans to begin
construction of a public park known as Whistle Stop Park. That park consisted of
approximately 14 acres located adjacent to the western property boundaries of the Meadow
Lake subdivision. Edgewater's plans entailed the construction of public recreational
amenities, including, but not limited to, racket ball courts, basketball courts, baseball
diamonds, picnic facilities and public parking lots. (R: 39 -49)
On May 7, 1987, Edgewater applied to the St. Johns River Water Management
District ( "District ") for a surface water management permit. On June 8, 1987, the District
issued Edgewater's surface water management permit application, conditioned on Edgewater
constructing the stormwater management system according to the plans submitted with the
application. (R: 39 -49)
1
That stormwater management system required the construction of a berm between
the park and the Meadow Lake subdivision. The berm and grading were designed to direct
water in a northern direction along the eastern boundary of the park to a retention pond
and then through a culvert and then to the north. (R: 39 -49)
The land on which the Whistle Stop Park was developed had a naturally formed crest
which bisected the property in a north -south alignment. Before Edgewater constructed these
improvements, stormwater discharges flowed to the east and west and were absorbed into
the ground before reaching adjacent owners. (R: 39 -49)
After Edgewater constructed its improvements, the impervious surface area of the
land on which Whistle Stop Park was constructed increased by approximately fifty percent
(50 %). A properly functioning stormwater management system was necessary to prevent
discharges and flooding onto adjacent properties. (R: 39 -49)
Although Edgewater completed construction of the park, it never constructed the
berm and grading required to direct stormwater runoff to the north of the Whistle Stop
Park, nor completed construction of the required retention pond or culvert. (R: 39 -49)
During early 1991, stormwater discharge from Whistle Stop Park flowed onto and
flooded the property described in Exhibit "B ". As alleged in the complaint, the flooding
primarily arose because Edgewater had violated the conditions of its stormwater
management permit by failing to construct the stormwater management system in
accordance with the permit and approved design plans. (R: 39 -49)
As a result of the flooding, the complaint alleges that Associates was denied the
reasonable use and benefit of the property and that Edgewater's operation of Whistle Stop
Park without a functioning stormwater management system resulted in stormwater
2
discharges which physically occupied and confiscated Associates' property to the extent that
it was deprived of the reasonable use and enjoyment of the same. It also alleges that the
flooding described constituted a taking of Associates' property without the payment of full
compensation as required by Article X, Section 6(a) of the Florida Constitution. (R: 39 -49)
On July 20, 1994, the Defendant filed a Motion to Dismiss contending that Plaintiff
lacked standing to file the suit and that the Plaintiff failed to state a cause of action.
(R: 62 -65) On September 19, 1994, the Motion to Dismiss was granted with leave to
amend. (R: 14) On September 30, 1994, Appellee filed an Amended Complaint. (R: 187-
202) The Amended Complaint specifically alleged that the Appellant's land was recurrently
flooded during the better part of a one -year period. Id. On October 17, 1994, the City of
Edgewater filed an Answer and Affirmative Defenses. (R: 203 - 205) The Affirmative
Defenses essentially raised the same defenses in the Motion to Dismiss on January 19, 1996.
On April 17, 1996, the Appellant filed a Motion for Summary Judgment to strike the
Affirmative Defenses. (R: 268 - 270) Apparently, the Appellee, City of Edgewater did not
file a cross motion for summary judgment. On June 4, 1996, a hearing was held,on the
Appellant's Motion for Summary Judgment. (R: 1 -38) The Parties essentially stipulated to
resolve the Motion on the threshold issue of whether Florida recognizes a temporary taking
for flooding. (R: 9) The Trial Court granted Summary Judgment in favor of the City of
Edgewater on the basis that no action for temporary taking exists for flooding in Florida.
3
1
4
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28th Street
,'Lot 31 Lot 30 Lot 29j l
lot 2f11 Lot 27 Lo: 2611ot 25ILot 2.1 / Lot 23 / 1
LA A % f 1
1 ; Lot 22 ,
\
v 1 q3 241 239 237 , 235 233 231 1 2 /
Lot 32 ••
-----•
v 242 238 236 234 1 232 r Lot : 1
Lot 33 ca ( 1 �'
t.,
Lt \J Lot t;7
Lot 66 Lot 65 Lot 64 lot 63 Lot 62
, � I / Lot 2Q 1
\L 3a :Lot 5I a 1
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\ � Lot 68 Lot 69 Lot 701 Lo; 7! $_ N Lot 191
1 _ LOl 35 I `..3,__-1,.1 S S J 525 � , Lc: 72
\ Lot 60, ,\v-..... Lot 36 J.) a` ^ Lot l8
3 328 326 ` t Lot 59 Cl 7 , ••.." 1
l Lot 73 n Lot 17
Lot 37
Lot 38 Lot 39 rA v 1 Lot 58
r.
Lot 74
Lot 40 G v \ F a Lot 16
\ \ % v v \Lot 57 0 •
--- -- - \1Lot 41 '.` 1.0 Lot 75 i 1 1 1 -- -7
Ci v a Lot IS 1
v -4 p Lot 56; Lo 1S `Lot 221 Lot 11
\ t l.ot •12 t,A t9 Lot 76 , 1
\ Lot 14 t
— �'� ,� �v l.o� 55 a '. 19w \ 191 19.5/ Lot . 0
� 111 \ Lot 4 7 2 . 1 • \� t _
\- t LOt 7i _
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\ 1t 1 73 Lot 54 O 0 6'4e �J I9 i —
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�r 200 \
Lot 44 % Lot 78 \ / 4 Lot 9
a a Lot 5 6.
\ •\J i�v \`7.', 1 Lot 53 l Lot ot 6 l.ot 7
Lot 45 a Lot 79 \ \ ` Lot E
Q ,3 Lot 4
v Lot 52 a o —' 1 NN
' Lot 46 N Lot 80
Lot
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Roberts Road
•
EXHIBIT C A�
7 '
nuwtn w, t.,,n,,..,,a Sou- tau utdSSuj MU.Azu uuVUK,Nts) OUIT•CIAIM DEED RAMCO FORM 42
FROM CORPORATION
Nam* /
Address: l
a
i
T
This Instrument Prepared by:
MICHAEL A. VAN HOUTEN, ESQ.
mdse..: Post Office Box 2325 g
Daytona Beach, FL 32115
Property Appraiser's Parcel Identification
No.: 8411 -10 -00 -0001
SPACE ABOVE THIS LINE FOR RECORDING DATA
This quit -claim deed, Executed this y 7 day of -= 'E , A. D. 19 5' , by
COLEMAN CONSTRUCTION CO., INC.,
a corporation existing under lite laws of the State of Florida , and having its principal place of
business al 4606 Clyde Morris Boulevard, Port Orange, Florida 32119 ,
first party, to
ASSOCIATES OF MEADOW LAKE, INC., a Florida corporation
whose postoJfice address is 602 Indian River Boulevard, Edgewater, Florida
second party:
(Wherever used herein the trims "Iirs1 party'' and "second party" shall include singular and plural, 'wits. legal
representatives, and assigns of individuals, and the successors and assigns of corporations, whereser the rmtllt']t
�(
SO admits or requires.)
1[Ulitnesseth, That the said first party, for and in consideration of the stun of $ 10.00
in hand paid by lite said second party, the receipt whereof is hereby acknowledged, does he,ehy remise, re-
lease and quit -claim urtlo the said secortd party forever, all lite right, title, interest, claim and demand which
the said first party has in and to the following described lot, piece or parcel of k situate. lying and being
in the Courtly of Volusia Stale of Florida , to It'il:
That portion of land described as Parcel "A ", MEADOW LAKE SUBDIVISION, as
recorded in Map Book 41, Pages 115 -116, of the Public Records of Volusia
County, Florida.
Subject to the terms and conditions of the Covenants and Conditions of Meadow
Lake Subdivision and the Dedication of said property as shown at Map Book 41,
Page 115, Public Records of Volusia County, Florida. This deed does not purport
to transfer any rights previously given or dedicated to either the public or the
Association of Meadow Lake Subdivision.
The attorney has not searched or examined the title of the subject property and
absolutely no warranties, express or implied, are made by him with regard to the
state of the title or any other aspect thereof.
T o }lave and tonld the saute together wilh all and singular the appurtenances thereunto
belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim what-
soever of the said first party, either in law or equity, to the only proper use, benefit and beltoof of the said
second party forever.
I n ' Witness - Whereo the said first party has caused these pres-
(CORPORATE SEAL) ents to be executed in its name, and its corporate seal to be hereunto affixed,
by its proper officers thereunto duly authorized, rite clay and year first above
written.
ATTEST. COLEMAN CONSTRUCTION CO., INC.,
Secretary a Florida corporation
/ ' i'
Signed, sealed and delivered in the presence of:
x 1' ,1\ \ () \_ , L}L .v ._ 3Q.` "�I, Coleman, Pte,ident
( I
STATE OF FLORIDA
/-
COUNTY OF VOLUSIA
I HEREBY CERTIFY that on this day, before rne, an officer duly authorized in the State and County aforesaid to take acknowledgments,
personally appeared
ROY A. COLEMAN,
well known to use to be the President lEkt. XeYp`Ci1LXr2'y of the corporation named as grantor
in the foregoing deed. and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily '
under authority duly vested in there by said corporation and that the seal affixed thercto is the true corpurat 2 seal of said corporation.
WITNESS my hand and official seal in the County and State last aforesaid this al day of t,r11.1 , A. D. I9"\ 1
NO„ ;r., . .._L,s., ) I,Fl .E OF FLORIDA. .J
B;Y COaou6SION EXPIRES: SEPT. 3. 1994
BONUGD THRU NOTARY PUBLIC UNDERWRITERdJ j
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SETTLEMENT AGREEMENT
ASSOCIATES OF MEADOW LAKE, INC.
CITY OF EDGEWATER
This Settlement Agreement would settle the current suit between the parties as
hercinabove named.
The City of Edgewater to reimburse the street light impact as req ,; _ , the Indian
River Boulevard convenience store Code Enforcement fine au. '' , t 72 Meadow Lake
� Code Enforcement fine, with interest from date monies talc ,, y' ' t and request received
V , . 5, and 6 preceding corres on I ' c. • °' `
by t he Cit Y( Items 2 p g p ) N,
The City of Edgewater or their assigns to receive a deed from Associates of Meadow
Lake to the Meadow Lake retention pond property necessary for proper functioning of
the Meadow Lake stormwater system.
Associa e . ►4 adow Lake and /or assigns to take the storm w . . - • f from the
kiL orth side of Roberts Road, 1 ' • cur ' • Icing diverted to the south side of
Roberts Road into the "Surre •. i ge" storm water • • 11 when developed, if brought
to the "Surrey • ... property line by the City of Edgewater w a • Iculations.
Contin.f upon continued ownership by Associates or assigns. g 2- 0/Fk ff
The City of Edgewater to fix the berm on the east side of Whistle Stop Park properly to
prevent the continued flooding of the Associates of Meadow Lake property.
k
The City to issue a statement concerning the Whistle Stop . rk floodin _ 1 ..dig '- ssociates
,ct of Meadow Lake property that, in fact, it was the City's fau , •I "e flooding occurred
- \) R because the berm was not constructed on the eastern par a' nd• ' e and the culvert
under 28th Street was plugged during the park co • 1 ction.
The Ci ty to give 1 0 n�n-e elusive impact fee credits for sewer and water impact fees to
Associates of Meadow Lake or its assigns.
The City of Edgewater to pay to Associates of Meadow Lake or assigns the sum of
$75,000 as costs.
• AGENDA REQUEST 6 .
C.A. NO.: 98 -120
Date: September 2, 1998
PUBLIC
HEARING RESOLUTION 09/10/98 ORDINANCE
`orr OTHER
CONSENT BUSINESS CORRESPONDENCE
ITEM DESCRIPTION /SUBJECT:
Resolution No. 98 -R -09 - Adopting a Tentative Budget for Fiscal Year 1998 - 1999.
BACKGROUND:
In compliance with the requirements of Section 200.065(2)(c), Florida Statutes, the City Council is required
to hold a public hearing on the tentative budget and millage rate for the fiscal year beginning October 1,
1998. Prior to the conclusion of the hearing, the City Council must adopt a tentative budget and announce
the percent, if any, by which the proposed millage rate exceeds the rolled -back rate.
During budget workshops, the Council considered the tentative budget set forth in attached Resolution No.
98 -R -09. The proposed budget would result in a millage rate for Fiscal Year 1998 -1999 of 6.44000 mills
per $1000 assessed valuation and result in a reduction of the rolled -back rate of 6.47636 by .03636 mills.
ikar RECOMMENDATION /CONCLUSION:
Staff recommends that the City Council consider adoption of Resolution No. 98 -R -09 and publically
announce the proposed millage rate of 6.44000 per $1,000 assessed valuation which is a 0.56% decrease
from the rolled -back rate.
FUNDS AVAILABLE: (ACCOUNT NUMBER)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO X
DATE: AGENDA ITEM NO.
Respect lly submi ted, Concu -nce:
0 CA
Karen Rickelman ei et oop
Finance Director Interim City Manager
4 (44 - ;1/41 . CeittiL
Nikki Clayton
City Attorney
KAR/rmw
Memo \Agenda - TentBudget
RESOLUTION 98 -R -09
A RESOLUTION ADOPTING A TENTATIVE BUDGET FOR
THE CITY OF EDGEWATER, FLORIDA, FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 1998, AND ENDING
SEPTEMBER 30, 1999; SETTING FORTH REVENUES AND
EXPENDITURES FOR THE GENERAL FUND, THE WATER
AND WASTEWATER FUND, THE REFUSE COLLECTION
FUND, T H E S T O R M W A T E R
MANAGEMENT/MAINTENANCE FUND, AND THE
INTERNAL SERVICE /SELF - INSURANCE FUND;
REPEALING ALL RESOLUTIONS IN CONFLICT
HEREWITH AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 200.065, Florida Statutes, the City Council is required to
hold a public hearing and adopt a tentative budget for the fiscal year beginning October 1, 1998, and
ending September 30, 1999.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater,
Florida:
Section 1. The budget as set forth in Exhibit A which is attached hereto and incorporated
by reference is hereby adopted as the tentative budget of the City of Edgewater, Florida, for the fiscal
year beginning October 1, 1998 and ending September 30, 1999.
Section 2. The following monies are anticipated to be collected from the sources of
revenue for the General Fund during Fiscal Year 1998 - 1999:
GENERAL FUND REVENUE
1998 -1999
Nor Source of Revenue Amount Anticipated
Ad valorem taxes $ 2,509,337
98 -R -09 1
Other revenues 5.978.608
$ 8,487,945
Section 3. From the anticipated sources of revenue for the General Fund set forth above,
the following are the estimated General Fund expenditures for Fiscal Year 1998 - 1999:
GENERAL FUND ESTIMATED EXPENDITURES
1998 -1999
Department Amount
City Council $ 49,677
City Manager 144,294
Finance 174,261
Legal Counsel 154,370
Planning & Development 215,971
Economic Development 2,750
Personnel Administration 94,428
City Clerk 174,150
Other Governmental Services 372,983
Maintenance 110,670
Law Enforcement 2,439,584
Fire & Rescue 1,661,746
Building K 193,825
98 -R -09 2
Civil Defense 14,604
Public Works 366,424
Now
5,025
Parks & Recreation 1,949,336
Debt Services & Transfers Out 363.847
$ 8,487,945
Section 4. A copy of more detailed explanation of the revenues and expenditures of the
General Fund for Fiscal Year 1998 -1999 is set forth on pages 17 through 45 of Exhibit A.
Section 5. The amount of $6,342,200 is anticipated to be collected from the sources of
revenue for the Water and Wastewater Fund during Fiscal Year 1998 - 1999. From those anticipated
sources of revenue for the Water and Wastewater Fund $6,342,200 is the estimated amount of
expenditures for Water and Wastewater Fund for Fiscal Year 1998 - 1999. A more detailed
explanation of the revenues and expenditures of the Water and Wastewater Fund is set forth on pages
46 through 56 of the attached Exhibit A.
Section 6. The amount of $1,479,923 is anticipated to be collected from sources of
revenue for the Refuse Collection Fund during Fiscal Year 1998 - 1999. From those anticipated
sources of revenue for the Refuse Collection Fund $1,479,923 is the estimated amount of
expenditures for the Refuse Collection Fund for Fiscal Year 1998 - 1999. A more detailed
explanation of the revenues and expenditures of the Refuse Collection Fund is set forth on pages 57
through 61 of the attached Exhibit A.
Section 7. The amount of $982,092 is anticipated to be collected from the sources of
revenue for the Stormwater Management/Maintenance Fund during Fiscal Year 1998 - 1999. From
98 -R -09 3
those anticipated sources of revenue for the Stormwater Management/Maintenance Fund $982,092
is the estimated amount of expenditures for the Stormwater Management/Maintenance Fund for
Fiscal Year 1998 - 1999. A more detailed explanation of the revenues and expenditures of the
Stormwater Management/Maintenance Fund is set forth on pages 62 through 66 of the attached
Exhibit A.
Section 8. The amount of $192,734 is anticipated to be collected from the sources of
revenue for the Internal Service /Self Insurance Fund during Fiscal Year 1998 - 1999. From those
anticipated sources of revenue for the Internal Service /Self Insurance Fund $192,734 is the estimated
amount of expenditures for the Internal Service /Self Insurance Fund for Fiscal Year 1998 - 1999.
A more detailed explanation of the revenues and expenditures of the Internal Service /Self Insurance
Fund is set forth on pages 67 through 69 of the attached Exhibit A.
Section 9. All resolutions or parts of resolutions in conflict herewith be and the same
are hereby repealed.
Section 10. This resolution shall take effect upon adoption.
After Motion by and Second by , the vote on this
resolution was as follows:
Mayor Randy G. Allman XXX
Councilman Jim Gornto XXX
Councilman Myron F. Hammond XXX
Councilman Gary W. Roberts XXX
'�1rr
Councilwoman Judy Lichter XXX
k
98 -R -09 4
PASSED AND DULY ADOPTED this 10' day of September, 1998.
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
"kr.r
RESOLUTION 98 -R -08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, ADOPTING A MILLAGE RATE
Noy
OF 6.440 MILLS PER $1,000 OF ASSESSED TAXABLE
VALUATION FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 1998, AND ENDING SEPTEMBER 30, 1999
WHICH REPRESENTS A 0.56 PERCENT DECREASE FROM
THE ROLLED BACK RATE OF 6.47636; REPEALING ALL
RESOLUTIONS IN CONFLICT HEREWITH AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 200.065, Florida Statutes, it is necessary to adopt a millage
rate for the fiscal year beginning October 1, 1998, and ending September 30, 1999, and to state the
percent, if any, by which the millage rate to be levied exceeds the rolled -back rate.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater,
Florida:
Section 1. A millage rate of 6.440 mills per $1,000 assessed taxable valuation is hereby
adopted for the City of Edgewater, Florida, for the fiscal year beginning October 1, 1998, and ending
September 30, 1999.
Section 2. The millage rate to be levied represents a zero and fifty -six Hundredths
percent (0.56 %) decrease from the rolled back rate.
Section 3. All resolutions or parts of resolutions in conflict herewith be and the same
are hereby repealed.
Section 4. This resolution shall take effect upon adoption.
K
98 -R -08 1
After Motion by and Second by , the vote on this resolution was
"err
as follows:
Mayor Randy G. Allman XXX
Councilman Jim Gornto XXX
Councilman Myron F. Hammond XXX
Councilman Gary W. Roberts XXX
Councilwoman Judy Lichter XXX
PASSED AND DULY ADOPTED this day of September, 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:
Nikki Clayton
City Attorney
Now-
S.0 .
AGENDA REQUEST
Date: August 31, 1998
OTHER UNFINISHED
'`► CONSENT BUSINESS BUSINESS
PUBLIC
HEARING RESOLUTION 09 -10 -98 ORDINANCE
ITEM DESCRIPTION /SUBJECT:
Consideration of Resolution No. 98 -R -07 which amends the definition of the
"1995 Project" to include the construction of additional capital improvements
approved by the City Council.
BACKGROUND:
The City borrowed from First Union National Bank, Loan 1995 -A $9,234,660.00
and 1995 -B $3,964,740.44. The 1995 -A and 1995 -B loans included $6,533,386.00 and
$2,804,996.00 respectively for paving improvements in the Florida Shores
Improvement District. The total cost of the paving improvements was
$10,881,470.00. The amount assessed to the benefitted properties was
$7,067,424.00 or 64.95% of the paving project cost. As a result of cost savings
on the paving improvements and investment earnings on the proceeds of the bonds,
a balance of $586,440.00 is remaining after all project costs were paid. The Bond
Resolution provides that any monies remaining after completion of the project may
be applied in such other manner as shall be determined by the Council. These
funds were reserved at September 30, 1997 for capital projects identified below.
RECOMMENDATION /CONCLUSION:
Staff recommends City Council's consideration of this request to change the
definition of the "1995 Project" to include the Roberts Road /30th Street project
(already constructed), the Fire Station in Florida Shores and the gymnasium
project.
FUNDS AVAILABLE: ACCOUNT NUMBER: 10000 -24771 (Reserve- Series 1995B Capital
Projects)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) NO
PREVIOUS AGENDA ITEM: YES NO XX
DATE: AGENDA ITEM NO.
Resp tfull�,su ► Concu rence:
a24.—/ (' // `� �� _ , . . AO . .
Karen A. Rickelman, CGFO neth R. Hooper
Finance Director Interim City Manager
New
Nikki Clayton
City Attorney
RIP998
RESOLUTION NO. 98 -R -07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, CHANGING THE DEFINITION
OF THE "1995 PROJECT" AS CONTAINED IN
RESOLUTION NO. 95 -R -09 OF THE CITY COUNCIL TO
INCLUDE CERTAIN OTHER CAPITAL IMPROVEMENTS;
REPEALING ALL RESOLUTIONS IN CONFLICT
HEREWITH AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council has ascertained and determined that it is in the best interests
of the City to amend the definition of the "1995 Project" as contained in Resolution No. 95 -R -09,
to include certain other improvements payable from the remaining proceeds.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater,
Florida:
Section 1. Authority for this Resolution. This Resolution is adopted pursuant to
` — the provisions of Chapter 166, Florida Statutes, Section 1.01 of the City Charter of the City of
Edgewater, Ordinance No. 91 -0 -1 of the City, and other applicable provisions of law (collectively,
the "Act ") and Section 6.06 of Resolution No. 94 -R -14, adopted on August 15, 1994 (the "Master
Resolution "), as amended and supplemented, particularly as supplemented by Resolution No. 95 -R-
09, adopted on July 17, 1995, as amended (the "Series Resolution" and collectively with the the
Master Resolution, the "Resolution "), and is amendatory of the Series Resolution.
Section 2. Definitions. Unless otherwise defined, the capitalized terms used in this
Resolution shall have the meanings set forth in the Resolution.
Section 3. Findings. It is hereby found, determined and declared by the City Council
fir°
of the City of Edgewater, Florida (the "City "), that:
�-
A. The City has previously issued its Capital Improvement Bonds, Series 1995B (Florida
(Resolution /98 -R -07) 1
Shores Improvement Area)(the "1995B Bonds "), for the purpose, among others, of paying 1995
Project Costs with respect to the 1995 Project, as more particularly described in the Series
•,. Resolution.
B. The original 1995 Project is completed and due to cost savings and unanticipated
investment earnings there are proceeds of the 1995B Bonds remaining.
C. The 1995 Project included certain paving improvements within the Florida Shores
Improvement Area, a portion of costs of which was assessed against benefitted properties (the
"Assessed Project ") and the balance of costs of which were paid by the City.
D. The total cost of the paving portion of the Project was $10,881,470.00. After the
payment of all costs of the assessed Project, the total amount assessed to benefitted properties is less
than two- thirds of the actual total costs, taking into account an allocable portion of the unanticipated
'a' investment earnings. The total amount assessed was $7,067,424.00 or 64.95% of the total cost of
the Project.
E. The amounts borrowed, the collections of prepayments on the assessments and
interest earned during construction totaled $11,467,910.00. The remaining proceeds available after
payment of all Project costs equals $586,440.00.
F. The remaining proceeds of the 1995B Bonds may therefore be allocated to the City's
share of the 1995 Project and resulting debt service burden.
G. The City desires to use the remaining proceeds of the 1995B Bonds on other capital
improvements within the City, and the City acknowledges that it will be fully responsible for the
`r
debt service on the 1995B Bonds allocable to such capital projects.
�-
H. The Resolution permits amendments to be made to the Resolution with the consent
(Resolution /98 -R -07) 2
of the holders of the Series 1995B Bonds.
I. City staff has recommended that the Resolution be amended to expand the 1995
' taw Project to include the improvements described on Exhibit "A" hereto.
J. Squire, Sanders & Dempsey, L.L.P., as Bond Counsel to the City, has reviewed the
staff proposal and has advised staff that approval and implementation of their recommendation will
not adversely affect the treatment of the interest on the 1995 Bonds under the Internal Revenue Code
of 1986, and the regulations thereunder.
K. It is hereby found to be necessary and desirable and in the best interests of the City
and its citizens that additions to the 1995 Project be made in accordance with staff's
recommendation.
L. First Union National Bank, as the sole owner of the outstanding 1995 Bonds has
s consented to the amendment to the definition of the 1995 Project or will consent prior to the use of
any Series 1995B Bonds proceeds for additional projects.
Section 4. 1995 Project Revised. The definition of "1995 Project" is hereby
amended to read as follows:
"1995 Project" means the (1) acquisition and construction of certain paving
and drainage improvements within Florida Shores Improvement Area, in accordance
with the plans and specifications of the Consulting Engineers, to be filed with the
City, (2) the construction of the Roberts Road/30th Street Project, (3) the
construction of the Fire Station in Florida Shores, and (4) the construction of a
gymnasium and related facilities and other capital improvements approved by the
-
Council.
(Resolution/98 -R -07) 3
40fty _ Section 5. Effect on Series Resolution. To the extent in conflict herewith, this
Resolution shall be deemed to be amendatory to the Series Resolution, the intent being that surplus
proceeds of the 1995 Bonds be spent as expeditiously as possible for the purposes set forth in this
Resolution and the Series Resolution.
Section 6. All resolutions or parts of resolution in conflict herewith be and the same are
hereby repealed.
Section 7. This resolution shall take effect upon adoption.
After motion by and second by , the vote on this
resolution is as follows:
low Mayor Randy G. Allman XXX
Councilman Jim Gornto XXX
Councilman Myron F. Hammond XXX
Councilman Gary W. Roberts XXX
Councilwoman Judy Lichter XXX
low
(Resolution /98 -R -07) 4
„ PASSED AND DULY ADOPTED this day of , 1998.
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
Now
Now
(Resolution /98 -R -07) 5
EXHIBIT "A"
__ DESCRIPTION OF ADDITIONAL PROJECTS
1) Roberts Road/30th Street Project
2) Fire Station, Florida Shores
3) Gymnasium Project
low
(Resolution /98 -R -07) 6
AGENDA REQUEST
C.A. NO.: 98 -117
Date: September 1. 1998
PUBLIC
HEARING RESOLUTION ORDINANCE 09/10/98
OTHER
CONSENT BUSINESS CORRESPONDENCE
ITEM DESCRIPTION /SUBJECT:
First Reading - Ordinance No. 98 -0 -06 Repealing Emergency Ordinance No. 98 -0 -04 declaring
a city wide ban on open air burning and use of fireworks by the public.
BACKGROUND:
On June 24, 1998, Council adopted Emergency Ordinance No. 98 -0 -04 declaring a city wide ban
on open air burning that would remain in effect until termination of the Governor's forest and brush
fire State of Emergency.
lolow
The Governor has recently lifted the statewide ban on burning and the Division of Forestry has
resumed issuing authorizations for controlled burns on land clearing debris.
The Department of Fire/Rescue Services acknowledges the reduction in fire danger that was created
by previous weather conditions and encourages the repeal of Emergency Ordinance No. 98 -0 -04.
RECOMMENDATION /CONCLUSION:
Staff recommends that Council consider approval at first reading of Ordinance No. 98 -0 -06 which
would repeal Emergency Ordinance No. 98 -0 -04 declaring a city wide ban on open air burning and
use of fireworks by the public.
FUNDS AVAILABLE: (ACCOUNT NUMBER)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO X
DATE: AGENDA ITEM NO.
1
'fir
Respectfully submitted, Concurrence:
1
Nikki Clayton / Ke 1 eth R. Hooper '
City Attorney Interim City Manager
i j
T ace . Barlow
Actin ire Chief
NC /rmw
Now
2
ORDINANCE NO. 98-0-06
AN ORDINANCE OF THE CITY COUNCIL OF EDGEWATER, FLORIDA,
REPEALING EMERGENCY ORDINANCE 98 -0 -04 DECLARING A
CITYWIDE BAN ON OPEN AIR BURNING AND FIREWORKS BY THE
PUBLIC DURING THE 1998 FOREST AND BRUSH FIRE EMERGENCY IN
ITS ENTIRETY; PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN
EFFECTIVE DATE; PROVIDING FOR ADOPTION AND CODIFICATION.
WHEREAS, on June 24, 1998, the City Council adopted Emergency Ordinance No. 98 -0 -04
at first reading; and
WHEREAS, the Ordinance was to remain in effect until termination of the Governor's forest
and brush fire State of Emergency along with recommendation for repeal from the Edgewater
Department of Fire and Rescue Services; and
WHEREAS, the Governor has lifted the ban on burning and the Division of Forestry has
resumed issuing authorizations for controlled burning for land clearing debris; and
WHEREAS, the Department of Fire and Rescue Services acknowledges the reduction in fire
danger and recommends repeal of Emergency Ordinance
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Edgewater,
Florida as follows:
PART A. REPEAL EMERGENCY ORDINANCE NO. 98 -0 -04 IN ITS
ENTIRETY
1. Emergency Ordinance No. 98 -0 -04 banning open air burning and public fireworks during
the 1998 Forest and Brush Fire Emergency is hereby repealed in its entirety.
That the City Council of the City of Edgcwatcr hcrcby dcclares that
-
rcmain in cffcct:
Struck though passages are deleted.
Underlined passages are added.
98 -0 -06
1
•
• • • : .. - _ :1 ; :1 • : - - - - -- :. : . : :: - - - - - , ' ; - ,
3. The gcncral public shall not igrtrtc sparklcrs or fircworks of any kind out of doors;
5. ' Edgcwatcr Firc- Rcscuc hcrcby canccls its fircworks display which had bccn
• - - •:.- -- • - - . -
Edgewater;
6. Edgcwatcr Firc - Rcscuc andcr public safcty personncl arc dircctcd to publicizc the
July-4 . . :: • . . ': ;. - :
: : . :, :: ;
•
fircworks during -this period of dcclarcd cmcrgcncy.
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.
PART C. EFFECTIVE DATE
This Ordinance shall become effective immediately upon adoption.
passages are deleted.
Underlined passages are added.
98 -0 -06
2
PART D. ADOPTION
After Motion by and Second by , the vote on the
first reading of this ordinance held on , 1998, was as follows:
Noir
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
Nolpy Councilman Jim Gornto XXX
Councilman Myron F. Hammond XXX
Councilman Gary W. Roberts XXX
Councilwoman Judy Lichter XXX
PASSED AND DULY ADOPTED this day of , 1998.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Now
Susan J. Wadsworth Randy G. Allman
City Clerk Mayor
Struck through passages are deleted.
Underlined passages are added.
98 -0 -06
3
APPROVED FOR FORM
AND CORRECTNESS:
vollsw Nikki Clayton
City Attorney
Nor
tow
'fie rough passages are deleted.
Underlined passages are added.
98 -0 -06
4
AGENDA REQUEST
Date: August 27, 1998
'try
PUBLIC
HEARING RESOLUTIONS ORDINANCE
OTHER
CONSENT BUSINESS CORRESPONDENCE
ITEM DESCRIPTION /SUBJECT:
Request from the Southeast Volusia Humane Society to use City vehicle(s) for its Annual Haunted
Hounds Hayride on October 30th and 31st, 1998.
BACKGROUND:
The local Humane Society is asking to use City tractors to pull flatbeds with hay and riders through
a wooded trail. A City employee, who had previously assisted with this event, has volunteered to
drive one of the tractors. Safety bars would be installed on the flatbeds, and the vehicles would be
in use during the evening hours. The Annual Hayride is geared as a safe place for children of all ages
'rrr to dress up and have fun, while benefiting homeless animals.
RECOMMENDATION /CONCLUSION:
Staff requests that City Council approve the use of City vehicle(s) for this event on October 30th and
31st, 1998.
FUNDS AVAILABLE: (ACCOUNT NUMBER) /
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) NO
PREVIOUS AGENDA ITEM: YES NO X
DATE: AGENDA ITEM NO.
Respectfully submitted,
'fir►
Kenneth R. Hooper
Interim City Manager
KRH:lizm
c:\agendare\hayride.108
,• `� L4 RECEIVED 1200 South Glencoe Road
Post Office Box 702844
AUG 1 7 1998 New Smyrna Beach, Florida 32170
6.<1.\* Telephone: 904-428-9860
\-v AILAPIAt.
low
0 8 - 17 98A10:22 RCVD
August 15, 1998
Attn. Mayor Randy Allman
The Southeast Volusia Humane Society is already planning for the Annual Haunted Hounds
Hayride for this Halloween. The event is scheduled for Friday, October 30 and Saturday
October 31. The Hayride activities begin at night fall about 7:00 pm till 11:00 pm.
The Southeast Volusia Humane Society would like to request from the city of Edgewater the
use of its City's Tractors. The tractors would be used to pull a flatbed with Hay and riders
through our wooded trail. Saftey bars are installed on the flatbeds. The tractors would be in
use during the event hours. We plan to have only City of Edgewater employees drive the
tractors. Arthur Neuber, an Edgewater City employee, who has helped with our Hayride in
the past is willing to drive one of the City's tractors.
The 1998 Haunted Hounds Hayride consists of a spooky ride through a dark wooden trail with
hair raising surprises around every bend. Over 1200 people experienced the Hayride during
the two day event last year. For those who can't stomach the fear the ride has to offer there
will be prize winning games. Food and drinks will also be available. All of which will be
priced as low as possible so the whole family can afford and enjoy the evening.
The Hayride is perfect for children of all ages to dress up and go some place safe and fun. It
also benefits a wonderful cause, Homeless Animals. The coordinators, skit performers and all
hands helping with the Haunted Hounds Hayride are volunteers, so we need all the help and
volunteers we can get to make this year's Hayride another success.
We will keep you up to date as the details of the 1998 Haunted Hounds Hayride develop
further. If you need more information or have any questions /comments please contact Shelter
Director Kenny Reeves or Event Coordinator Maria Reeves at (904) 428 - 9860.
We look forward to working with you.
Kenny Reeves Maria Reeves
Shelter Director Event Coordinator
d.8
3
e ` 1 �` 9 Z
ti
•
AGENDA REQUEST
Date: 8/19/98
*ow PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
CONSENT AGENDA ✓ OTHER BUSINESS
ITEM DESCRIPTION /SUBJECT: Council Approval of Water and Sewer Renewal and
Replacement Expenditures for FY 1998.
BACKGROUND: During budget preparation monies are allocated for proposed expenditure
from the Renewal and Replacement Fund, but the bond covenants call for Council approval of the
actual expenditures.
RECOMMENDATION /CONCLUSION: I respectfully request Council approval of the
attached list of eligible Renewal and Replacement Fund expenditures.
FINANCIAL IMPACT: $181,889.88
FUNDS AVAILABLE: ACCOUNT NUMBER: Renewal and Replacement Fund
t`' (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/A
PRESENTED BY: Terry A. Wadsworth, Director of Utilities
PREVIOUS AGENDA ITEM: YES NO X
Date: Agenda Item No.
Respectfully submitted: Concurrence:
g i■ . )...ek,) , 0 - 6 11S4 \ /4(4
Terry A. Wa worth enneth Hooper
Director of Utilities Interim City Manager
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clarlets nelkc.rc engineers, hydrogeologists, surveyors & management consultants NIanro tLRock
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r♦t R,1 r P.$ PI. DRRRLIA P. %Crone, Pr.,
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Timothy tiHrk,wli. August 11, 1997 HAI #94- 276.18
Mr. Terry Wadsworth
City of Edgewater
P.O. Box 100 •
Edgewater, Florida. 32132
Subject_ Renewal and Replacement Fund
Dear Mr. Wadsworth:
Per your request, we have undertaken to review porti, of Resolutions No. 90-R-35 adopted by
the City on June 7, 1990, as amended and restated by Resolution No. 91 -R-42 dated July 15.
1991 regarding Renewal and Replacement (R&R) and to report herein our opinion regarding
• allowable expenditures.
Resolution No. 91 -R-42 states that "The money in the Renewal and Replacement Fund shall be
used only far the purposes of (a) paying the cost of extensions, enlargements or additions to, or
the replacement of capital assets of the System and emergency repairs thereto, upon the
authorization of the governing body of the Issuer and for projects costing in excess of $100,000,
approval of the Consulting Eugineeis, and (b) the transfers to the Reserve Account, if necessary
in order to prevent a default in the payment of a the principal or Amortization Tnstallments of and
interest on the Bonds."
Our understanding with respect to (a) is that such Renewal and Replacement (R&R) funds can be
applied to all capital needs of the utility which are related to extensions, enlargements, additions,
replacement and emergency repairs. This would include all '`soft costs" normally capitalized in
addition to actual "hard costs of materials" such as engineering, fees, permits, etc.
Therefore, purchases of items which become assets of the utility, including all machinery and
equipment, or emergency repairs qualify for funding from the R&R account. This also includes
the purchase of items to be inventoried for future use in one of the above permitted expenditure
`'r"' categories. Examples of permitted expenditures would include_
1. En design, administration and construction costs of distribution, CC) ll ectipn,
supply, plant or disposal facilities.
201 EAST PENT STREET • surrE 1000 - ORLANDO, Fl. 32801
TELEPHONE (•107) S39 - 3955 • FAX (407) 339-3790 - E -MAn_ hai001 (4%io1 -COm
ORLANDO FORT M ERS FORT PICRC. JACKSONVILLr TALI {ASSET
4,
Mr. Terry Wadsworth
August 11, 1997
Page 2
Nor
2. Costs to acquire facilities which are asso:ated with extension, enlargement and/or
additions to the system_
3. Rehabilitation of facilities and equipment, replacement of pumps or equipment motors.
• (If a motor in a truck, or the whole truck, which is owned by the utility needs to be
replaced, then funds from the RBr.R. account can be used upon proper authorization and
approvals)
4. Purchase of pipe, materials or equipment placed into inventory for the purpose of one or
more of the permitted categories.
Should you have any questions or need further assistance, please feel free to call.
Very yours,
law
Hartman & Associates, Inc.
• /
Harold E. Schmidt, Jr., P.E.
Vice President
MILR/vgs /dt/wk/C5 /wadswrth.mhr Concurrence:
cc: Marco H. Rocca, C.M.C., HAI
Troy E. Layton, PR, HAI �. ") - ) 1 cr - --
/ f iC CS.
George. McMahon
City M anager
N
•
•
AGENDA REQUEST
Date: August 24, 1998
OTHER UNFINISHED
CONSENT BUSINESS 09 -10 -98 BUSINESS
PUBLIC
HEARING RESOLUTION ORDINANCE
ITEM DESCRIPTION /SUBJECT:
Approve payment of $6,900.00 (10/1/98 to 9/30/99) for work related to
posting, updating and maintaining the assessment rolls of the Sewer and Road data
base.
BACKGROUND:
CET continues to provide support services to the City's Finance Department
by posting, updating and maintaining the data of both the Sewer and Road
Assessments provided by the City. This electronic data is transmitted to Volusia
County by magnetic tapes to be included on the effected parcels property tax
bills. After the County receives the electronic data from CET they generate a
listing of parcels to be assessed and submit the listing to CET for verification.
CET verifies the data and provides a list of discrepencies to be researched by the
City. After the discrepencies are researched and corrected, CET makes the
required corrections to their database and generates another tape to Volusia
County for processing. Total collections through the County to date for sewer
have been $1,284,038 and for roads $582,825. The City is initiating this process
la again to enable the non -ad valorem collection of these assessments through the
Volusia County Tax Bill.
RECOMMENDATION /CONCLUSION:
Staff recommends City Council's consideration of this request to pay
$6,900.00 for Sewer and Road assessment services for the coming fiscal year
through 9/30/99.
FUNDS AVAILABLE: ACCOUNT NUMBER: 40000, & 30000 (Funds for these costs are
collected through the interest rate charged on each assessment payment of 1% for
sewer and .5% for roads.)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) NO
PREVIOUS AGENDA ITEM: YES NO XX
DATE: AGENDA ITEM NO.
Respectfully submitted, Concurrence:
�....� _
Karen A. Rickelman, CGFO 'e'neth R. Hooper
11n+ Finance Director Interim City Manager
Nikki Clayton
City Attorney
CET898
FINANCE DEPARTMENT COMPUTER
SOFTWARE AGREEMENT
New
This Agreement, made this day of , 19 , by and between
COMMUNICATIONS ENGINEERING TECHNOLOGY, INC., (hereinafter referred to as
"CET "), of 1001 South Ridgewood Avenue, Edgewater, Florida 32132 and the CITY OF
EDGEWATER, FLORIDA, a municipal corporation, (hereinafter referred to as "CITY "), of 104
North Riverside Drive, Post Office Box 100, Edgewater, Florida 32132.
WITNESSETH
WHEREAS, the CITY desires to engage CET to render technical and professional services
necessary to provide support services for the CITY Finance Department for the posting, updating
and maintenance of the non -ad valorem Sewer and Road Assessments;
WHEREAS, CET will be responsible for complying and adhering to the requirements of
Sections 197.363 through 197.3635, Florida Statutes, the County of Volusia Property Appraiser's
Office and all other applicable rules governing implementation;
WHEREAS, CET will be responsible for interacting with the County of Volusia and their
programming firm to update the data for successful billing of these assessments;
WHEREAS, CET will maintain (update and revise) the Sewer and Road Assessments
database on an annual basis by in accordance with the yearly tax distribution schedule observed by
the County of Volusia Property Appraiser; and
WHEREAS, CET is qualified and has agreed to render the aforesaid technical and
professional services.
(Agreement /CET- FinanceDepartment)
September 1, 1998 1
NOW, THEREFORE, in consideration of the foregoing and the mutual promises hereinafter
expressed, the parties mutually agree as follows:
Nowe ARTICLE 1 - EMPLOYMENT OF CET
The CITY hereby agrees to engage CET to perform the technical and professional services
as hereinafter set forth.
ARTICLE 2 - SCOPE OF SERVICES
A. Maintenance Program:
CET will provide the following services in accordance with the provisions contained in
Chapters 197.363 through 197.3635, Florida Statutes and City directives by June 1, 1999:
1) Obtain the following from the County property appraiser via compatible electronic
medium:
`" a) legal descriptions of all property within the sewer and road improvement
districts;
b) names and addresses of property owners; and
c) tax identification numbers (parcel identification numbers) of each property.
2) Proof database for errors and omissions.
3) Create and provide non ad- valorem assessment data to the City for review and
guidance regarding necessary corrective action.
B. Make alterations and/or corrections of errors or omissions to rolls.
C. Produce and provide corrected versions for County review and proofing.
r
D. Complete final City and County refinements and checks.
(Agreement /CET - FinanceDepartment)
September 1, 1998 2
E. By September 15, 1999, CET will provide the final revised non ad- valorem assessment rolls
to City and County Tax Collector via electronic medium for certification.
Naar F. CET will provide maintenance (update and revise) to the assessments program in accordance
with the yearly tax distribution schedule observed by the County of Volusia Property
Appraiser's Office by updating subsidiary ledger for all payoffs to prevent billing the
following year, exchange data with the County of Volusia and prepare a final tape for sewer
and road assessment billing to the County. CET will continue to provide ongoing access to
the subsidiary ledger via modem and supply periodic magnetic disk medium input for City
computers upon request.
ARTICLE 3 - TERM OF AGREEMENT
The maintenance program shall run for a period of one (1) year, commencing October 1,
1998 and ending on September 30, 1999. This Agreement may be renewed under the terms and
conditions acceptable to the parties at the time of renegotiation.
ARTICLE 4 - LICENSE TO SOFTWARE
CET grants to the CITY, and the CITY accepts, a non - exclusive license to use all the
computer software programs described herein and all other programs made available by CET during
the term of this Agreement. Copyright in the programs shall be owned by CET. Upon expiration
of the Agreement, the CITY shall have the right to purchase the computer software programs
described above at a price to be negotiated between the parties at that time.
ARTICLE 5 - SECURITY /OWNERSHIP OF DATA
Nr
The CITY shall have throughout the term of this Agreement and surviving the termination
�
(Agreement /CET - FinanceDepartment)
September 1, 1998 3
of this Agreement, sole right, title and interest to the data entered and maintained by the CITY. CET
agrees to limit access to and use of the data to users authorized by the CITY. CET agrees to provide
N.. the City with a copy of all records pertaining to the Sewer and Road Assessments activities in either
magnetic or paper form, whichever is specified by the CITY.
ARTICLE 6 - TERMINATION
A. This Agreement may be terminated by either party without penalty by giving thirty (30) days
written notice to the other party upon the following:
1. CET repeatedly fails to provide satisfactory service relating to this Agreement,
provided however that CET shall be given written notice of the deficiencies with
thirty (30) days to make corrections; or
2. Either party becomes insolvent; or
err• 3. The CITY's repeated failure to make payments of fees on a timely basis provided
however that the CITY shall be given written notice of such failure with thirty (30)
days to correct the problem.
B. The CITY may terminate this Agreement in the absence of any of the conditions specified
herein:
1. Upon payment of all unpaid fees for the prior months of service; and
2. A termination fee in an amount equal to twenty -five percent (25 %) of the monthly
fees for all remaining months in the initial term, up to a maximum of twelve (12)
months.
ARTICLE 7 - METHOD AND PAYMENT OF FEES
(Agreement/CET-FinanceDepartment)
September 1, 1998 4
A. Maintenance Program: In October, 1997 CET received payment in the amount of
$6,825.00 for Assessments Maintenance relating to fiscal year 1997/1998.
%sr CET agrees to, on a continuing basis, update and revise the Sewer and Road Assessments
database in accordance with the yearly tax distribution schedule observed by the County of Volusia
Property Appraiser. The fee to update, revise and maintain the Sewer and Road Assessments
database for fiscal year 1998/1999 is in the amount of $6,900.00.
Payment of all fees and/or charges to update and revise the Sewer and Road Assessments
database in accordance with the County of Volusia Property Appraiser yearly distribution schedule
will be due the 15 day of October each year this Agreement remains in effect.
ARTICLE 8 - MAINTENANCE OF EQUIPMENT
CET will provide the CITY at least one (1) computer port for the use of the CITY, and shall
*Iv assist the CITY in determining the best means of connection to the host computer in order to
accommodate access.
All equipment provided by CET shall be maintained in excellent working order at the
expense of CET.
The CITY will provide any equipment or service necessary to connect with the CET
computers. CET will assist the CITY in determining the best means of connection to achieve
optimum performance.
ARTICLE 9 - INDEMNIFICATION
CET represents and warrants that in providing the services contemplate herein any programs
`•r
made available to the CITY by CET will not infringe upon or violate any patent, copyright, trade
(Agreement /CET - FinanceDepartment)
September 1, 1998 5
secret or other property rights of any third party.
CET agrees to indemnify and hold harmless the City of Edgewater from and against any and
Now all loss, expense including reasonable attorney's fees, liability, claims and demands relating to this
Agreement.
ARTICLE 10 - DISRUPTION OF SERVICE
CET agrees to maintain its system so as to minimize operational down -time. System
maintenance will be scheduled during non - operational times whenever possible. Non - scheduled
maintenance (such as repair and equipment failure) will be performed within twenty -four (24) hours
of the failure if at all possible. If equipment failure occurs on a weekend or holiday, repairs will
begin on the first work day of the following week. Should failure occur in the main power service
or telephone lines connecting the host computer, CET will immediately contact the power company
�.r and/or telephone companies to effect repairs. CET will do everything possible to maintain all
systems online seven (7) days per week twenty -four (24) hours per day.
ARTICLE 11 - ASSIGNMENT
This Agreement is not assignable by either party without the written permission of the other
party.
ARTICLE 12 - MODIFICATIONS
This Agreement may only be amended by a written document signed by both parties.
ARTICLE 13 - SEVERABILITY
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, that shall
not affect or impair the validity, legality, or enforceability of the remainder of this Agreement.
-
(Agreement /CET - FinanceDepartment)
September 1, 1998 6
ARTICLE 14 - INTERPRETATION
Subject headings in this Agreement are for convenience only and do not limit or construe the
contents of this Agreement.
ARTICLE 15 - ENTIRE AGREEMENT
This Agreement embodies the whole understanding of the parties. There are no promises,
terms, conditions, or obligations other than those contained herein, and this Agreement shall
supersede all previous telecommunication, representations, or agreements, either verbal or written,
between the parties hereto.
ARTICLE 16 - GOVERNING LAW
This Agreement shall be governed by the laws of the State of Florida.
ARTICLE 17 - NOTICES
%ow All notices or other communications hereunder shall be in writing and shall be deemed duly
given if delivered in person or sent by certified mail return receipt requested and addressed as
follows:
If to City: With a Copy to:
City Manager Legal Department
P. O. Box 100 P. O. Box 100
Edgewater, Florida 32132 -0100 Edgewater, Florida 32132 -0100
If to CET:
J. Harold Hayman, Sr, President. CEO
Communications Engineering Technology, Inc.
1001 South Ridgewood Avenue
,, Edgewater, Florida 32132
(Agreement /CET - FinanceDepartment)
September 1, 1998 7
IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered
into the day and year first written above.
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
ATTEST: COMMUNICATIONS ENGINEERING
TECHNOLOGY, INC.
By:
Secretary J. Harold Hayman, Sr.
President, CEO
(Agreement /CET -Fi n anceDepartmen t)
September 1, 1998 8
.
AGENDA REQUEST
Date: September 10, 1998
PUBLIC
*r.► HEARING RESOLUTIONS ORDINANCE
/' OTHER
CONSENT ✓ BUSINESS CORRESPONDENCE
ITEM DESCRIPTION /SUBJECT:
Renewal of Group Health, Life and Dental Insurance Plans, effective October 1, 1998
BACKGROUND:
See attached
RECOMMENDATION /CONCLUSION:
Staff requests the City Council approve the renewal of the Guardian Life & Dental Group Plan
and the Florida Health Care HMO Plan, including their Point of Service Plan, eliminating the
UniCare PPO Plan.
Ivry
FUNDS AVAILABLE (ACCOUNT NUMBER) 51230 in each department's budget
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) NO
PREVIOUS AGENDA ITEM: YES NO X
DATE: September 2, 1998 AGENDA ITEM NO.
Respectfully submitted, Concurrence:
/44 • 1 -A I 114
Deborah Sigler / Kenneth R 'per
to Personnel Administrator Interim City Manager
agndareq
ASCHERL INSURANCE
Estate & Business Planning
Life, Health and Pension Specialists D
Insurance and Investment Brokers RECF N
AUG 2_;1998
Now
CM MANAGER
August 24, 1998
Mr. Ken Hooper, City Manager
City of Edgewater
Edgewater, Fl. 32132
Dear Mr. Hooper:
SUBJECT: RENEWAL OF GROUP HEALTH, LIFE & DENTAL INSURANCE
EFFECTIVE OCTOBER 1, 1998
HEALTH INSURANCE
For several years the City has offered two health plans as an option to your employees.
One is an HMO (Health Maintenance Organization) provided by Florida Health Care.
An HMO is usually less costly since members must receive health care from the HMO
network of doctors and hospitals. HMO benefits are comprehensive and do not have a
front -end deductible. Health care is managed through primary care physicians who must
be seen first before referring the patient to a network specialist.
Approximately 80% of the employees of the City of Edgewater have chosen Florida
Health Care's HMO. The rate increases for this plan have been reasonable and gradual
with a 6% increase scheduled for the October 1 renewal.
The second option currently offered is a PPO (Preferred Provider Organization) through
UNICARE (formerly Massachusetts Mutual Insurance Company). A PPO is usually
more costly since an employee may elect to receive health care from any physician of
choice; however, benefits are higher if treatment is received from doctors and hospitals
within the PPO network. An individual DOES NOT have to first consult with a primary
care physician to be referred to a specialist. The plan has a front -end deductible that must
be satisfied before any benefits are paid.
Nr.•
The PPO plan with UNICARE has experienced large premium increases due to high
claims experience with a 31% overall increase planned for the October 1 renewal.
219 Live Oak St, P.O. Box 368, New Smyrna Beach, FL 32170
Tel: 904 -427 -4121 Fax: 904 - 427 -1345
PROPOSAL REQUESTS
Since the PPO plan has become too expensive, we went to the insurance industry for
proposals. Initially 23 companies were solicited. Thirteen of these companies requested
proposal packages and five companies actually submitted a proposal for the health
coverage. No company would insure only the 20% of employees on the PPO plan. All
proposal were for a complete takeover insuring all employees.
Although Florida Health Care is a local HMO, two months ago they began marketing a
Point of Service Plan (POS) that allows a member to go outside the HMO network for
health benefits which are similar to the existing PPO plan. At our request Florida Health
Care quoted their POS plan as an alternative to the existing HMO plan for those
employees who wish to have more control over the selection of health care providers.
SUMMARY AND RECOMMENDATIONS
Based on a comparison of all proposals submitted for health insurance benefits, it is my
recommendation that the PPO plan with UNICARE be terminated and that the Point of
Service plan option offered by Florida Health Care be added to the existing benefit
package for the following reasons:
N' `" '' 1. Eighty per cent of employees are currently enrolled in the existing HMO plan and
will not be affected by this change except to have the POS plan available as an
alternative.
2. The POS benefits are fairly similar to the existing PPO plan and should satisfy
those employees who prefer more flexibility in their health plan.
3. Florida Health Care has the lowest cost when compared to the UNICARE renewal
and all other proposals submitted.
4. Although the POS plan is new with FHC and there may be a few "glitches ", FHC
has a good reputation for service and low cost.
5. The other proposals cost more and would affect all employees. In addition, the
long -range cost prospects of the FHC POS plan should be better since it is
community rated with all members in their POS plan.
6. Lastly, Principal Health Care is a good plan but costs considerably more.
low United Health Care costs more and does not have Halifax Regional Hospital in
their network.
Pacific Mutual costs more and only offers a PPO plan.
lory
DENTAL, LIFE & VISION CARE BENEFITS
Guardian Insurance Company provides the existing dental and life insurance benefits. It
is recommended there be no change since Guardian's rates are still competitive.
Vision Services Plan provides the vision benefits. No change is recommended since the
plan rates remain competitive.
(A/,./-‘,% c/.›.
Jack Ascher!, CLU /Ch C
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AGENDA REQUEST
Date: August 31, 1998
PUBLIC HEARING / RESOLUTION ORDINANCE
CONSENT AGENDA ✓ OTHER BUSINESS CORRESPONDENCE
ITEM DESCRIPTION /SUBJECT:
Selection of Planning Consultant
BACKGROUND:
Authorization was given by the City Council to advertise for a consultant for the purpose of
developing the Land Development Code. The City received nine proposals. They ranged in price
from $15,000 to $69,000. A selection committee reviewed the proposals and a selection was
made based on scope of services to be provided. Carl D. Gosline of The Gos /ine Compan was
`r.► chosen.
The Planning Division's total budget for this document is $24,000. Mr. Gosline's fee is
$22,200.
RECOMMENDATION /CONCLUSION:
Staff recommends approval of contracting with Mr. Gosline for the development of the Land
Development Code.
FINANCIAL IMPACT: N/A
FUNDS AVAILABLE: Account Number:
(Specify if Budget Amendment is Required).
PREVIOUS AGENDA ITEM: YES NO N
Date: Agenda Item No.
Page -2-
Selection of Planning Consultant
`rr
Respectfully submitted
f
�1 ii.L.' • '
Lynn - ' laskett
Planning Division Manager
Concurrence:
c etW
enneth R. Hooper
Interim City Manager
Nikki Clayton ../v s �
City Attorney
LP:emp
c : \U ra \agencla. rqs \pinc ns It \83198
NaW
THE The Gosline Company
GOSLINE
COMPANY
New
August 17, 1998
Ms. Lynne Plaskett
Planning Division Manager
P. O. Box 100
Edgewater, FL 32132 - 0100
RE: City of Edgewater, FL — Land Development Code Update
Dear Ms. Pjasktst:` Yv%A.R
Thank you for the opportunity to submit a proposal to revise the City of Edgewater •
Land Development Code. This proposal is based on a cursory review of the
Comprehensive Plan; the Land Development Code; the zoning map, but not the
Zoning Ordinance; and the DCA Evaluation and Appraisal Report comments.
The Gosline Company is a sole proprietorship. I will be the only person working on
the project and the only person authorized to enter into contracts. My resume and
list of projects is in the Organization Profile section of the proposal. A list of recent
clients and a proposed timetable is in the Other Information section of the proposal.
The Gosline Company proposes the following tasks to revise the Land
Development Code to be consistent with the Comprehensive Plan and Chapter
163.3202, FS requirements. The cost estimates show the relative amount of effort
for each task and will be adjusted depending on the scope of work in the
negotiated contract. The City shall be responsible for public participation
notification requirements and reproduction costs of submitted documents.
TASK 1 - LDC Issues /Objectives Consensus Building
The purpose of this Task is to gain a clear consensus from the staff, the citizens, the
LDRA and the City Council as to the general form and policy direction that should
be embodied in the revised Code. The Consultant will meet with the TRC and other
appropriate staff to determine the preliminary Code issues and policy implications.
The Consultant will attend a public workshop to discern the residents' views and
comments regarding the current regulations.
The Consultant will prepare a preliminary list of issues for consideration by the
LDRA at a public workshop. Based on the LDRA action at this workshop, a revised
list of Code issues and objectives will be presented for City Council action.
Estimated Cost: $ 4800
Tentative Completion Date: early to mid October 1998
P.O. Box 5798 Winter Park, FL 32793 -5798 Phone (407) 679 -2994 Fax (407) 679 -2994
TASK 2 - Data Collection and Analysis
The Consultant will analyze and summarize all the City and County documents
related to land development regulation and practice; the Comprehensive Plan;
other local government regulations; and the Evaluation and Appraisal Report..
Among the innovative techniques to be analyzed by the Consultant will be Transfer
of Development Rights as suggested in the Coastal Management Zone Element
„,,,,, Policy 2.3 and various performance- based, including but not limited to, clustering,
conservation zones, etc., land development regulations used in other areas.
Using the issues list prepared in Task 1 and staff consultations, the Consultant will
prepare draft LDC changes. Among the issues to be addressed in this Task are
consolidation and /or elimination of some zoning districts as well as inclusion of the
Zoning Code in the LDC as required by Chapter 163.3202 (3), FS. The conditional
use permit and variance processes will be modified to include more definitive
criteria for their use. Regulations regarding better wetland and wellfield protection
as required by the DCA EAR comments will be prepared.
The recommended changes will include a system of direct references to •
appropriate state statutes, administrative Rules, Charter requirements, other City
Code requirements and the Comprehensive Plan in order to ensure consistency
between the Plan and internally with other the City Code provisions. A permitted,
conditional and accessory use matrix will be developed.
Estimated Cost: $ 12,000
Tentative Completion Date: late November 1998
Now
TASK 3 - LDRA Code Workshop and Public Hearing
The Consultant, in consultation with the staff, will present the proposed Code
changes at a LDRA workshop in early December 1998. The draft Code will be
modified based on staff, citizen and LDRA input for presentation to an LDRA public
hearing in early January 1999.
Estimated Cost: $ 2400
Tentative Completion Date: January 1999
TASK 4 - City Council Code Hearings
The Consultant will revise the proposed Code changes that result from the LDRA
public hearing and prepare a draft adoption ordinance for a City Council
workshop/first reading in late January 1999. The draft Code will be revised and
submitted for a second reading/ public hearing in early February 1999.
Estimated Cost: $ 3000
Tentative Completion Date: early February 1999
�.► The total estimated cost for the tasks described above Is $ 22.200.
Thank you again for the opportunity to submit a proposal to revise the City's Land
Development Code. I look forward to working with Edgewater on this project.
Sinc ely,
Carl D. Gos me, AICP
President
ORGANIZATION PROFILE
AND
QUALIFICATIONS
CARL D. GOSLINE, AICP
EXPERIENCE March 1995 to June 1998 - City of Longwood, Fl
Planning Division Manager:
• Totally revised zoning, landscaping, tree protection, signage,
Now
subdivision, and telecom regulations to be consistent with
recent case law and the comprehensive plan
• Initiated streamlined project review procedures while
expanding citizen participation opportunities
• Prepared a detailed procedures manual for project review
activities and established reader friendly staff report formats
• Successfully processed several plan amendments through the
state oversight process
• Negotiated a settlement agreement between the City and the
residents of a proposed annexation area
• Prepared an average of 8 public inquiry response letters per
week; handled counter traffic daily; and answered numerous
citizen phone calls each day
• Initiated preparation of a joint planning area agreement with
Seminole County
• Initiated preparation of the comprehensive plan capital
improvement element annual amendment process
mandated by state law
Ntaw
▪ Conducted site plan reviews and inspections
April 1994 to February 1995 - City of Winter Springs, FL,
Community Development Coordinator
• Initiated revision of the City's land development regulations,
mandated for completion three years prior to my tenure
• Initiated reader friendly staff report formats
• Conducted a visioning program for alternative development
scenarios resulting from a highway widening project
• Served on the Orlando MIPO Technical Committee
• Conducted site plan reviews and inspections
May 1989 to March 1993 - Manager, Planning & Development
- Reedy Creek Improvement District (the local government for
Walt Disney World)
• Initiated the District's local government planning program
• Served on the Orlando NIPO Technical Committee
wow • Managed preparation of the RCID's first local government
comprehensive plan and land development regulations
• Administered installation of the District's ARC INFO system
• Liaison between the RCID and adjacent local governments
• Conducted site plan reviews and site inspections
*************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Carl D. Gosline, A1CP - President, The Gosline Company revised 8/16/98 Page 1 of2
P. 0. Box 5798, Winter Park, FL 32793 -5798 Ph 407 — 679 - 2994 fax 407 — 679 - 2994
April 1988 to Present - President - The Gosline Company
• Simultaneously prepared draft comprehensive plans for
Okaloosa County, FL & its nine cities
• Prepared portions of the Altamonte Springs, FL
Comprehensive Plan and recommendations to streamline
the land development review process
• Prepared development permit applications for several
private projects
• Prepared part of the Apopka, FL Comprehensive Plan
• Served as an expert witness for a mobile home exclusion case
in federal court; a rezoning in Palatka, FL; a special exception
in Leesburg, FL; and a billboard permit in Orange Co., FL
• USing consensus building techniques, prepared a program for
improving public services in a minority community and a
historic preservation program in another city
• Prepared a rocket engine storage facility site analysis
• Made presentations to advisory bodies and elected officials
• Prepared draft Seminole Co. Evaluation /Appraisal Report
MISCELLANEOUS • Ten years in private planning consulting, including land
development project permit coordination and management
• Deputy project manager for a countywide sewer plan, a
riew
regional sewer plan and a 1600 sq. mi. river basin plan
• Extensive local government comprehensive planning and
land development regulation preparation and presentation
EDUCATION BA in Geography - University of Iowa - 1963
MA in Urban Planning - Wayne State University - 1969
Completed Lincoln Institute GIS Course -1989
APA Planners Training Service - 1988, 1990, 1992, 1994
Walt Disney World Strategic Leadership Mgmt. Course -1992
ACTIVITIES American Institute of Certified Planners - # 061629
INTERESTS Affiliate Member Florida Bar Association - # 600075
Florida Planning & Zoning Association since 1974
American Planning Association (APA) since 1972
Florida Chapter APA Secretary 1994 -1996
Qualified Land Use Expert, US District Court
Orange Co., FL Land Dvlpmt Code Revision Committee - 1995
Orange Co. FL Concurrency M1gmt. System Committee
,, Orange Co., FL Affordable Housing Task Force
Orange Co., FL Road Impact Fee Revision Committee
Florida Annual Impact Fee Roundtable -1996, 1997
Chairman 5 Annual Impact Fee Roundtable - 1998
*************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Carl D. Gosline, AICP - President, The Gosline Company revised 8/16/98 Page 2 oft
P. 0. Box 5798, Winter Park, FL 32793 -5798 Ph 407 — 679 - 2994 fax 407 — 679 - 2994
PROJECT EXPERIENCE
The following is a representative list of projects in which the Principal of The Gosline Company
has participated since 1977.
AREAS OF SPECLALIZATION
Local government comprehensive plans; evaluation and appraisal report,, annexation studies;
joint planning area agreements and local government land development regulations; qualified as a
land use planning expert in U.S. District Court, Middle District of Florida; project scheduling;
private development site analysis; Development of Regional Impact project coordination; and
public facility planning, other than engineering design
r
PROJECTS
Atlanta, GA
Mr. Gosline was the Deputy Project Manager for an Environmental Impact Statement for a 1600
square mile Upper Ocmulgee River Basin Plan. The Statement included an analysis of the
secondary effects of five alternative basin plans for the river basin east of Atlanta. This project
also involved an analysis of the development policies for all the units of local government within
the basin. It also involved coordination of subcontractors and project scheduling.
Clay County, FL
As the Project manager, Mr. Gosline prepared the first Comprehensive Plan for Clay County,
FL. Clay County was experiencing significant growth as the Jacksonville, FL area expanded
southwestward. The project included all the research; preparation of the text; organizing and
conducting public hearings; and regional/state agency coordination to meet the requirements of the
1975 version of Chapter 163. The project was brought from behind schedule to submission and
approval by the Department of Community Affairs (DCA) as scheduled.
Clay County, FL
Mr. Gosline was rehired by Clay County to prepare a Port, Aviation and Related Facilities
Element as well as preparation of amendments to the Future Land Use and Housing Elements of
the Comprehensive Plan to accommodate group homes as required by state statutes. The project
also included preparation of an Evaluation and Appraisal Report and draft subdivision regulation
amendments.
Ckiy County. FL
Through the encouragement of the County, the Dupont Company selected Mr. Gosline as the
Project Manager for a joint private /public land use plan in the Fleming Island area of Clay
County. Clay County and the DuPont Company agreed to cooperate in the development of an
industrial park in an extremely environmentally sensitive area of the county. Since there were no
regulations concerning industrial parks, a Planned Industrial Park Ordinance was prepared for the
County. The project also included streamlining the special exception and home occupation
processes.
August 16, 1998 THE GOSLINE COMPANY pg. 1 of 6
•
Palm Bay. FL
The General Development Corporation prepared Development of Regional Impact (DR1s)
analyses for a 600 acre residential/industrial park at the intersection of Malabar Road and I -95
and an 1800 acre Town Center project using Mr. Gosline as the Project Manager. The projects
were done simultaneously, within budget and on schedule.
Boca Raton, FL
Mr. Gosline served as the Project Manager for an Environmental Impact Study (EIS) of the
proposed expansion of the Boca Raton, FL wastewater treatment and disposal system. The
study included an analysis of treatment and disposal options as well as the secondary effects of
the proposed expansion. Part of this project involved providing liaison with local governments
and citizens groups.
Indian Trails Water Control District. Palm Beach County. FL
This project involved an analysis of the infrastructure needs for a 94 square mile water control
district west of the Turnpike in Palm Beach County. Among the activities completed for this
project was preparation of population projections, an analysis of buildout conditions and a
determination of the infrastructure necessary to service the proposed population. A system of
project impact measurements was also established.
•
Brevard County, FL
Mr. Gosline was the Deputy Project Manager for preparation of the Brevard County 201
Facility Plan, an extremely complex countywide plan for the treatment and disposal of
sl wastewater. The project included the development and analysis of alternative treatment and
disposal systems for each of the seven service areas. Separate documents, totaling approximately
4500 pages, were prepared for the review and approval of county, state and federal officials.
Tallahassee. FL
The Talquin Development Corp prepared a Development of Regional Impact (DRI) study for a
730 acre site northwest of Tallahassee, FL at the intersection of I -10 and US 90 using Mr.
Gosline as the Project Manager. The project involved all the DRI related studies and analyses as
well as coordination with state and local governments. The project was completed on time and
within the budget.
Destin. FL
As Project Manager, Mr. Gosline took over a project that was behind schedule and completed
the project as scheduled The project involved preparation of draft Future Land Use and Traffic
Circulation Elements for the City of Destin, FL Comprehensive Plan. Destin, located half way
between Pensacola and Panama City, has the Gulf of Mexico on the south and the
Choctawhatchee Bay on the north.
'taw Okaloosa County, F4
Okaloosa County, and its nine municipalities, agreed to pool their state grant money to hire a
single consultant to prepare their comprehensive plans. Due to the success of the Destin project
described above, Mr. Gosline was selected to manage this three phase project. Phase I involved
the simultaneous preparation of draft Future Land Use, Traffic Circulation, Intergovernmental
Coordination, and Infrastructure Elements for Okaloosa County and its nine municipalities. The
activities included a windshield land use survey of the entire county, preparation of existing land
August 16, 1998 THE GOSLINE COMPANY pg. 2 of 6
use maps for all the local governments and establishing level of service standards for the required
infrastructure. An analysis of the historic and archeological resources of each community was
included in the Future Land Use Element. Numerous presentations were made to local
governments and citizen groups. A draft Coastal Management Element was prepared for the
City of Destin.
Okaloosa County, FL
The Gosline Company was selected to simultaneously prepare Phase II, drafts of the Housing,
Recreation and Open Space and Conservation Elements, for the county and the nine cities. In
addition, he prepared the Coastal Management Element for the County and six cities. Phase III,
the preparation of the Capital Improvement Elements and refinement of the draft Elements, was
never completed by the local governments.
Governor's Task Force for Urban Growth Problems
The Gosline Company participated in the Task Force's analysis of the costs associated with
urban growth. Several areas in state were selected for detailed analysis, one of which was the east
Orange area around the University of Central Florida. Another selected for analysis was the City
of Orlando The analysis included an examination of the methods for financing infrastructure in
high growth areas. The Gosline Company examined the law enforcement, library and fire
protection costs.
Reedy Creek Improvement District (Walt Disney World)
*taw Mr. Gosline was the first Manager of Planning and Development for the District. During his
tenure, the District completed a comprehensive plan; their first public participation program; a
Plan amendment process; and the initial Concurrency Management System according to the
Growth Management Act requirements. He initiated a Geographic Information System using the
ARC INFO technology. Several drafts of the first Land Development Code for the District were
also completed. Mr. Gosline conducted extensive intergovernmental coordination program
throughout his tenure.
Altamonte Springs, FL
The Gosline Company executed a four year contract with the City of Altamonte Springs to
provide a variety of planning services. Among the products produced was a critical path chart
describing the activities necessary to complete the comprehensive plan ; a draft joint planning
area agreement between the City and Seminole County; and a Comprehensive Plan Guidance
Document. The Company prepared draft Housing, Infrastructure and Intergovernmental
Coordination Elements of the comprehensive plan as well as providing review comments for all
Elements of the Plan. Recommendations were made to streamline the development review
process.
Other activities included an analysis of the consistency between the Plan and the Land
Development Code, including recommendations for Code modifications to ensure consistency
with the Plan. As part of the Housing Element Implementation Plan, the Company expedited
completion of a Cultural Resource Survey for the entire City via a "pass- through" arrangement
with a subcontractor.
August 16, 1998 THE GOSLINE COMPANY pg. 3 of 6
Apopka. FL
The City of Apopka contracted with the Gosline Company to draft the Intergovernmental
Coordination Element of their Comprehensive Plan; to provide general planning process guidance;
and to review the other Elements of the Plan. The Company was also selected to examine the
Land Development Code and the Plan to identify inconsistencies between the documents. This
latter project was subsequently withdrawn by the city for budgetary reasons.
Johnson and Bussey
The Gosline Company provided expert testimony in federal court regarding a zoning case in the
Town of Oakland. The case involved the denial of a Certificate of Occupancy for a manufactured
home which the Town defined as a mobile home.
Williams Development Services
The Gosline Company provided site investigations for the following projects:
1. Twin Lakes at Deltona, a subdivision in Volusia County
•
2. Larson Properties adjacent to the Orange/Osceola County
•
3. Several industrial properties adjacent to the Orlando
International Airport
4. Piedmont - Wekiva Road Properties
Stottler Stagg and Associates (SSA)
The Company assisted in a site location analysis for the storage of solid rocket motors used in
the space industry. The activities included coordination with local governments, comprehensive
plan amendments, rezoning and site plan processing and project scheduling. The Brevard County
Comprehensive Plan and Land Development Code were analyzed for internal consistency and
applicability to the proposed project.
Glidewell
The Company prepared comprehensive plan amendment and rezoning applications for a small
business on the west side of Orange County. These actions were necessary to correct a land use
map error which occurred during the 1991 adoption of the Orange County Comprehensive Plan.
Seminole County, Florida
The Company served as facilitator /secretary for the Midway Redevelopment Task Force.
The Task Force was composed of community members and service providers and was
organized to prepare a strategic plan (a proactive program), including a community vision
statement, for physical and social service improvements to the community. The principal
product of this project was a program for the improvement of the Midway community. A
secondary product was the establishment of community association to actively promote and
manage this program. The draft Task Force report was prepared by The Gosline Company.
Ilior Cities of Longwood and St Cloud. FL
The Company was selected to prepare the Historic Preservation Elements for the Cities of
Longwood and St Cloud. Visioning exercises were conducted in both cases. The Longwood
Element concerned itself with improving the vitality of the existing historic district. The St
Cloud Element concerned itself with establishing a program for historic preservation.
August 16, 1998 THE GOSLINE COMPANY pg. 4 of 6
Florida Bar Association Seminar - Snyder vBrevard Case
Carl Gosline participated in a Florida Bar Association mock public hearing regarding
conducting quasi-judicial hearing, i.e. for such matters as comprehensive plan amendments,
rezonings, site plan reviews, variances, conditional use permits and special exceptions, at the
local government level. The seminar resulted in developing recommended procedures for such
Now hearings.
Expert Testimony - Leesburg, FL Special Exception
The Company provided expert testimony before the City of Lessburg Local Planning Agency
on behalf of the neighborhood association in opposition to a proposed apartment structure in
a single family residential area. The Company analyzed the current city codes, the applicable
permitting practices and the relevant comprehensive plan issues in preparation for the
testimony. The compromise was negotiated between the developer and the neighborhood
association. The Company's testimony formed the basis for the agreement.
Expert Testimony - Palatka, FL Rezoning
The Company was retained by a neighborhood association to fight a proposed rezoning from
residential to commercial for a shopping center. The Company analyzed the current city
codes, the applicable permitting practices and the relevant comprehensive plan issues in
preparation for the testimony before the Putnam County Planning and Zoning Commission.
This matter was later appealed by the neighborhood association.
City of Longwood. Florida
+001., Mr. Gosline established procedures for various development review processes; prepared, and
received DCA approval of, a controversial plan amendment to eliminate a road widening
project; and revised the draft Land Development Code to reflect current case law and to be
consistent with the City's Comprehensive Plan. He also completed several other plan
amendments and initiated preparation of the City's Capital Improvement Element.
Republic Media Inc,
Mr. Gosline provided expert testimony in a hearing before the Orange County Commission
regarding the location of a billboard near county property. The County was seeking to
require Republic Media to move a billboard that was legally placed. The County refused to
be change their position and Republic capitulated.
City of Orange City, Florida
The Company developed a schedule for completion of the EAR as well as drafted several
portions of the EAR. The staff and another consultant added other portions and the EAR
was submitted for DCA review in early August 1998.
Seminole County, Florida
Nov The Gosline Company subcontracted with the Florida Planning Group to reformat and
assemble the EAR for Seminole County. The activities included synthesizing the data
gathered by the County staff and preparing a reader friendly document for consideration by
the LPA and the County Commission before transmittal to DCA in August 1998. The
preliminary feedback from DCA was very positive.
August 16, 1998 THE GOSLINE COMPANY pg. 5 of 6
AFFILIATIONS
American Institute of Certified Planners
American Planning Association (APA), Florida Chapter since 1974
Florida Chapter APA Legislative Policy Committee — 1991 to 1996
Florida Chapter APA Secretary 1994 to 1996
Florida Chapter APA Legislative Policy Committee — 1991 to 1996
Affiliate Member of the Environmental and Land Use Law Section of the Florida Bar
Florida Planning and Zoning Association (FPZA) since 1972
Visiting Professor of Planning, Rollins College — 1975/76
Visiting Professor of Planning — University of Central Florida — 1976/77
Qualified Expert U. S. District Court, Middle Florida Division
ECFRPC Strategic Policy Plan Committee since 1991
Greater Orlando Chamber of Commerce since 1988 -1996
Orange County Land Development Code Revision Committee (completed)
Past Secretary of the Orange /Seminole Land Trust
Orange County Concurrency Management System Committee (completed)
Orange County Affordable Housing Task Force (completed)
Orange County Road Impact Fee Revision Committee (completed)
Public Radio Pledge Drive Volunteer since 1995
Annual Impact Fee Roundtable —1995, 1996, 1997
5 Annual Impact Fee Roundtable Chairman — Orlando November 1998
EDUCATION
Bachelors Degree in Geography, University of Iowa — June 1963
Masters Degree in Urban Planning, Wayne State University — December 1969
Completed City of Detroit Supervisors Training Program — April 1969
Completed the Lincoln Institute GIS Course 1989
Attended APA Planners Training Service 1988, 1990, 1992, 1994
Completed Walt Disney World's Strategic Leadership Management Course - 1992
Noe
August 16, 1998 THE GOSLINE COMPANY pg. 6 of 6
`rr
ADDITIONAL
INFORMATION
•
•
PROPOSED LDC REVISION TIMETABLE
The timetable is illustrative only and will be adjusted to reflect regularly scheduled
meeting times and actual experience with citizens, the LDRA and the City Council.
September 1, 1998 Consultant Selection
September 15, 1998 Consultant Contract Approval
September 30. 1998 Open Meeting To Determine LDC General Goals
October 7, 1998 LDRA Review of LDC General Goals
October 20. 1998 City Council Determination of LDC General Goals
December 2. 1998 LDRA LDC Workshop
January 6. 1999 LDRA LDC Public Hearing
January 19, 1999 City Council First Reading of LDC Adoption Ordinance
February 2. 1999 City Council Second Reading /Public Hearing of LDC
Adoption Ordinance
441..r
GOSLINE COMPANY RECENT CLIENT LIST
Project Name: City of Altamonte Springs. FL Planning Services
Brief Description: This project involved a four -year planning service contract. Among the
v„ue projects was preparation of the Housing, Infrastructure and Intergovernmental Coordination
Elements as well as editing and partial preparation of other Plan Elements. An analysis of the
development review process was completed and recommendations for streamlining were made.
An Evaluation and Appraisal Report was also prepared.
Client:
Ms. Pam McFarland,
Community Development Director
202 Wall Street
Gaffney, South Carolina
Phone 864 -487 -8500
•
Project Status: Completed June 1992
***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Project Name: Expert Testimony - Oakland. FL
Brief Description: Conducted the land use analyses and provided expert testimony in federal
court regarding the exclusion of a mobile home in the City of Oakland, FL.
Client:
Mrs. Betty Wheeler, Attorney at Law
Now Johnson and Bussey
105 E. Robinson Street, 4th Floor
Orlando, FL 32853 -1086
Phone: 407 -423 -7287
Project Status: Completed March 1993
***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Project Name: NASA Solid Rocket Fuel Motor Storage Facility
Brief Description: This project involved locating a site for the storage of the solid rocket fuel
engines used in the space program. The activities included coordination with local governments,
preparation of the plan amendment documentation, project scheduling, rezoning documentation
and site plan preparation.
Client:
John Pekar, Vice President
Stottler, Stagg & Associates
8680 N. Atlantic Avenue
Cape Canaveral, FL 32920
Phone 407 -783 -1400
N or Project Status: Completed September 1993
Gosline Company Client List revised 8/14/98 pg. 1 of 4
Project Name: All Rite Fence Company Plan Amendment
Brief Description: This project involved preparation of an amendment report in Orange
County to correct a map error made during adoption of the Plan. Presentations before the Orange
County LPA and County Commission were made. It also involved completion of the rezoning
process to make the zoning consistent with the Plan.
Client:
Mrs. Barbara Glidewell, All Rite Fence Company
All -Rite Fence Company
5143 Old Winter Garden Road
Orlando, FL 32811
Phone 407 - 295 -7093
Project Status: Completed November 1994
****************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Project Name: City of St Cloud. FL Historic Preservation Element
Brief Description: Prepared the Historic Preservation Element of the Comprehensive Plan.
Conducted a community visioning program to establish the historic preservation goals and
objectives. The Element is currently being implemented.
Client:
Tony Carravella
1203 Nottingham Road
Orlando, Fl 32803
Phone 407- 896 -8962
..� Project Status: Completed March 1995
***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Project Name: City of Longwood. FL Historic Preservation Element
Brief Description: Prepared a draft historic preservation element including the adoption
ordinances. The Element was adopted and is being implemented
Client:
Mr. John Brock, Community Services Director
174 W. Church Avenue
Longwood, FL 32750
Phone 407 - 260 -3462
Project Status: Completed March 1995
******************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Project Name: Expert Testimony - Leesburg. FL
Brief Description: Provided testimony, in a formal quasi-judicial hearing format, before the
Leesburg Planning Board regarding a special exception for an apartment house in a historic district
Client:
1410► Mrs. Leslie Campione, Attorney at Law
600 Jennings Avenue
Eustis, FL 32727 -2179
Phone 904 - 589 -1726
Project Status: Completed August 1995
Gosline Company Client List revised 8/14/98 pg. 2 of 4
Project Name: Expert Testimony - Palatka. FL
Brief Description: Conducted a land use analysis and provided testimony before the Putnam
County Planning Board regarding a commercial rezoning in a residential neighborhood on the east
side of Palatka
Client:
Mr. James L. Padgett, Attorney
10 Central Avenue
Crescent, City, FL 32112
Phone 904 - 698 -1011
Project Status: Completed September 1995
****************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Project Name: City of Longwood FL Rangeline Road Plan Amendment
Brief Description: Pursuant to residents' demands, the staff was instructed to amend the Plan
to remove a road - widening project from the Traffic Circulation and Capital Improvement
Elements. •
Client:
Mr. John Brock, Community Services Director
174 W. Church Avenue
Longwood, FL 32750
Phone 407 - 260 -3462
Project Status: Completed January 1996
****************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
%ay Project Name: City of Longwood. FL Comprehensive Plan Amendment
Brief Description: Prepared and processed numerous plan amendments ranging in size from less
than one acre to 40 + acres. The amendments were accepted by the state with little significant
comment.
Client: Mr. John Brock, Community Services Director
174 W. Church Avenue
Longwood, FL 32750
Phone 407- 260 -3462
Project Status: Completed January 1997
****************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Project Name: City of Longwood. FL Land Development Code
Brief Description: Totally revised the City's Land Development Code to be consistent with
the Comprehensive Plan and case law. Advisory groups regarding billboards and
telecommunication service was used throughout. Public meeting and hearings were used in the
process which culminated in 25 hours of public workshops and hearing with the City
Commission.
Client:
Nary Mr. John Brock, Community Services Director
174 W. Church Avenue
Longwood, FL 32750
Phone 407 - 260 -3462
Project Status: Completed July 1997
Gosline Company Client List revised 8/14/98 pg. 3 of 4
AGENDA REQUEST
C.A. NO.: 98 -121
%ow Date: September 4. 1998
PUBLIC
HEARING RESOLUTION ORDINANCE
OTHER
CONSENT BUSINESS 09/10/98 CORRESPONDENCE
ITEM DESCRIPTION /SUBJECT:
Edward Keenan, George Naill, Casper Mannone, Mike Nattress et al. (United Taxpayers of
Edgewater - UTE) vs City of Edgewater - City's Pending Motion for Attorney's Fees.
BACKGROUND:
On February 3, 1997, the City filed a Motion for Attorney's Fees against United Taxpayers of
Edgewater (UTE). The amount of fees requested in the Motion was $22,372.00. UTE also filed it's
cross - motion for attorney's fees against the City. Both motions are still pending.
NNW
Attached for review is a copy of the City Attorney's Report on this case in which the Motion for
Attorney's Fees was addressed. As mentioned, the court usually awards fees only when a suit is
frivolous or brought in bad faith. Upon review of this case, I do not feel this case fits that frivolous
or bath faith measure. Additional fees would be incurred to prosecute the City's motion.
Therefore, it is my recommendation that both sides acknowledge the termination of this dispute by
filing a Joint Dismissal of both Motions for Attorney's Fees. The attorney representing UTE, Franz
Dorn, Esquire, agrees to join in the Joint Dismissal.
BUDGETARY IMPACT:
Dismissal would mean the City forgoes any possibility to recover up to $22,372.00. The likelihood
of recover is considered remote. Since 1995, the City has paid $40,300.00 in legal fees from the
Self- Insurance Fund for this case.
RECOMMENDATION /CONCLUSION:
Recommend that Council authorize filing a Joint Stipulation of Dismissal and Motions for
Attorney's Fees.
FUNDS AVAILABLE: (ACCOUNT NUMBER)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO X
*N DATE: AGENDA ITEM NO.
Respectfully submitted, Concurrence:
Nikki Clayton enn h . Hoo
City Attorney Interim City Manager
NC /rmw
Nrr
*ow 4mo
INTER - OFFICE MEMORANDUM
EDGEWATER, FLORIDA
TO: City Council
Interim City Manager
FROM: Nikki Clayton A City Attorney
C.A. NO.: 98 -096
DATE: July 13, 1998
SUBJECT: Pending Matters - Lawsuits
Edward Keenan, George Naill, Casper Mannone, Mike Nattress,
et al. (United Taxpayers of Edgewater - UTE) vs City of Edgewater
The named individuals and others belonging to U.T.E sued the City alleging that sewer assessments
imposed in the Florida Shores Improvement Area Special Assessment District (District) were invalid
because they were unfair and inequitable.
In March of 1991, the City adopted an Ordinance establishing the assessment district and procedures
for implementation of the assessments. Numerous public hearings, written notices to property
owners and other public discussions were held during the spring and early summer of 1991.
On August 6, 1991, City Council adopted the final assessments for each benefitted property which
was the last step in the Program. The assessments were equalized or adjusted for fairness at the same
time.
1
Property owners in the District presented City Council with a petition signed by approximately 2,100
owners on or about August 6, 1991. The petition alleged that the assessment program was unfair and
inequitable. 4 V2 years later, on December 21, 1995, certain individuals filed this suit re- alleging
objections contained in the petition.
Nov
When the District was established in March, 1991, the Ordinance provided that any challenge to the
assessments "shall be initiated in a court of competent jurisdiction to secure relief within 20 days
following the date of Council action on the Final Assessment Resolution (August 6, 1991). The
applicable statute of limitations is four years. Plaintiff believed it to be 5 years.
The Circuit Court granted the City's Motion to Dismiss and held that the suit was barred by the 4
year statute of limitations. The 5 District Court of Appeals affirmed. The Florida Supreme Court
denied jurisdiction. The prior City Council then authorized filing a motion to assess attorneys fees
against the property owners and U.T.E.. That motion is still pending.
The City retained the firm of Nabors, Giblin and Nickerson as special counsel to defend against the
suit. To date, the City has paid the firm approximately $40,300.00 in fees.
Summary and Recommendation:
Although hindsight is always 20 -20, every effort should be made to avoid litigation of this type
between a City and its citizens. A huge amount of time, emotion and money is required from both
sides. No matter the outcome, a sense of anger and frustration builds in the community and lasts
long after the case is closed.
The property owners in this case wanted to know the answers to the following questions:
1) Whether the assessed property owners of Florida Shores are receiving a special benefit as a
result of a new sewer plant and sewer lines constructed in the City of Edgewater.
2) Whether the ordinance approving sewer assessments complied with the notice requirements
of Chapter 166 and 170, Florida Statutes.
3) Whether the sewer assessments violate equal protection in that the contributions to these
systems made by other City property owners, who share equally in the use of these systems,
are much smaller or non - existent.
4) Whether the City has commingled, mismanaged or misused funds contributed by the
Plaintiffs for other unauthorized purposes than the sewer systems,.
Now 5) Whether the City has not applied other revenue contributions that are pledged towards
payment of the sewer system.
2
Although the case is closed, it did not address these questions. These were and continue to be good
questions. They should be answered. Based on my review and understanding of the Assessments,
I know the City has good answers to these questions. Therefore, I believe the City should provide
their answers to the questions.
I am convinced, with a better understanding of the Assessments, the plaintiffs and all the residents
in the City will be satisfied that the Program is fair and equitable to all.
My recommendation is that the City prepare a response to the questions. The information is readily
available. When the response is prepared, a public workshop with the plaintiffs and any interested
citizens should be scheduled to discuss the City's answers. The Assessment Program is a success
story for the City. Anything which improves people's understanding of it is beneficial to the City.
In the meantime, with regard to the pending Motion for Attorney's Fees, the court usually awards
fees only when the suit is frivolous or brought in bad faith. Since that is not the case here, my
recommendation is both parties should agree the case is over and acknowledge same with a Joint
Stipulation of Dismissal.
r
'.
3
..,.
oeheye tnts second suit was trivolous as our ease never wa.s aliowen till &Tana in (_..ourt on
its merits_ I his was enstified by the spht decision 4 filo Floridn Nuprenne Cciart ivnich
on:y etaNicieFuii tin: timc cit:nicni Lnown .,.-- I .;_ln_ti_(-
Fkii Me i or i '10f I 0 a r --.-, ha. v r C.,een financii"ny min in nits riliiTTer a.S COMparesa
WOUld NUL haVe had. a case,
. ti Ai
i iowever this (disc -- -. ari:natory priCing (.111Contini_ieta and IS Stni nemg nrac ai inu-: T 1311
N arn 1 . - ka - Ving TWO Se Mi Zlee ;1_111.L7 01 U.SSeSNUie ilt tb r HO r k1Z ShOreS Of about ._'
and anout a nnulgi ior any new homes in other sec:rums oi tliC k ATy IQ
dir ' .' 1 - "treinne I kyou1=1 nt7,e: the 1 ___Ity tAtuni-•_=i! t!: change. iniS diSCrinntnal_Ory Tate
to a new same Taiif 11 aii litttt,t neniSlitg statts OF anOni - the r iOlatla -71110reS rate tor new
atarts ;it yOli tiiI1 it IS ifitianciali '''' ilices.:-_.quy, i iou a/ this wont(' ei.fininz any twther _ft
SintS by disgiuntled residents, N. may feel thc_ are being discrinain.ated,
as it was one of the concepts th_at came up in discussion wiTn i I Anth,--ffitie kA, d
110i intena to nursUe tinS matter Furter, nowever some One or some nome owners gtokitl
may _ :- in the nitUre_ My own experience atter bpliiii mg a new si__:wiir rinant I,Va.S
10 ne. adVISCO ny °kir FlitOrliktyLi and imgracers to was iii charge :all Tile Saine rate . i ins
u conclusion , : .'i;1 h Kr LO i nail K OUT i attorney , iTvir, rrani. Dorn ;or iiiN
eXCel!ent irple,',n1tLLIJUN he gaVe MIT gikiiip vk iiiii - INM-cli 11:10 heen nir
were aS nigh as se years_ I Womo like 1_0
;bank ail our memners kyno workeu
............. in rat'zt MI legal t licei_ISary in ptirStie Onr caSe_ illeir Many and
numerous hours or nartieinatton proved tnat lt 1S pOSsirt1e OOOOSe r..it.y i nut aria especially
COUIti I been a tui IeSS ii t;t:Xa.;e:7.,:-.,:vr °Vet tt ''' ''''''''''''' ;tad Deen , -1_;_o_ailteat dni: Yet-inky
iiiaulti
___.• .
Ed, Keer 1 st°11.7\---
°la
C.
AGENDA REQUEST
C.A. NO.: 98 -118
Date: September 2. 1998
PUBLIC
`.• HEARING RESOLUTION ORDINANCE 09/10/98
OTHER
CONSENT BUSINESS CORRESPONDENCE
ITEM DESCRIPTION /SUBJECT:
Proposed Ordinance No. 98- O- TruckRoutes
BACKGROUND:
During the July 6, 1998 Council meeting, Councilman Roberts suggested changes to the existing
truck route ordinance. The Ordinance prohibits truck traffic on residential streets within the City and
identifies streets approved for truck traffic. Upon review, it was learned that the truck routes were
established in 1979 and amended slightly in 1981. Since that time, there have been no updates or
changes to include newer industrial areas.
In an effort to bring the truck routes up to date, Ordinance No. 98- O- TruckRoutes is attached for
%my review by Council. The proposed Ordinance repeals, amends and restates approved truck routes in
the City. A map has been added as an Exhibit. The routes are consistent with commercial and
industrial areas within the City.
BUDGET IMPACT:
If road signs are desired to identify the truck routes, the cost of making and installing the signs
would constitute a budget impact.
RECOMMENDATION /CONCLUSION:
Staff recommends Council authorize advertising the draft Ordinance for 1st reading at a public
hearing.
FUNDS AVAILABLE: (ACCOUNT NUMBER)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
�r PREVIOUS AGENDA ITEM: YES NO X
DATE: AGENDA ITEM NO.
Respectfully submitted, Concurrence:
(tc,(ft—
N1 i Clayton Ke eth R. Hooper
ti.► City Attorney Interim City Manager
Jack Corder
L% Director of Parks & Recreation
NC /rmw
ORDINANCE NO. 98-O-TRUCK ROUTE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA; AMENDING AND RESTATING ARTICLE II
(TRUCK ROUTES) OF THE CODE OF ORDINANCES, CITY OF
NOW
EDGEWATER, FLORIDA, AND AMENDING SECTION 17 -4 (SHORT
TITLE), SECTION 17 -7 (DESIGNATED STREETS FOR TRUCK USE),
SECTION 17 -8 (TRUCK ROUTES ESTABLISHED) AND SECTION 17 -10
(SPEED LIMITS); REPEALING ORDINANCES NO. 79 -0 -22, 81 -0 -14 AND
81 -0 -28; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY
AND APPLICABILITY; PROVIDING FOR CODIFICATION, AN
EFFECTIVE DATE AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has determined that it is
in the best interests of the citizens of Edgewater to modify the existing truck routes to provide for
a better flow of traffic.
WHEREAS, the existing truck routes have not been modified or restated since 1981.
WHEREAS, it has come to the attention of the City that there are several areas zoned for
business and/or industry that might be adversely impacted by enforcement of the current truck route
ordinance.
WHEREAS, this modification will enact truck routes for areas that are currently zoned for
business and/or industry while directing the majority of heavy traffic away from the residential areas.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida:
PART A. RESTATE AND AMEND SECTION 17 -4 (SHORT TITLE) OF
ARTICLE II (TRUCK ROUTES) OF CHAPTER 17 (TRAFFIC), OF
THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER,
FLORIDA.
Section 17 -4 is amended to read as follows:
passages are deleted.
Underlined passages are added.
98- O- TruckRoute 1
Sec. 17 -4. Short title.
This article may be cited as the Edgewater Truck Route Ordinancc of 1981.
PART B. RESTATE SECTION 17 -5 (DEFINITIONS) OF ARTICLE II (TRUCK
Now
ROUTES) OF CHAPTER 17 (TRAFFIC), OF THE CODE OF
ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA.
Section 17 -5 is amended to read as follows:
For the purposes of this article the following terms. phrases, words. and their derivations
shall have the meaning given herein. When not inconsistent with the context. words used in the
present tense include the future. words in the plural number include the singular number. and words
in the singular number include the plural number. The word "shall" is always mandatory and not
merely directory.
City is the City of Edgewater. Florida.
Deviating truck is a truck which leaves and departs from a truck route while traveling inside
the City.
Person is any person, firm. partnership. association. corporation. company or organization
Nose of any kind.
Truck is any vehicle designed or operated for the transportation of property. and whose body
weight or whose combined body and load weight exceeds two thousand (2,000) pounds (one ton);
provided however, that the term "truck" as used herein shall not refer to a pickup truck or a van. or
panel truck.
Truck route is a way over certain streets. as designated herein, over and along which trucks
coming into and going out of the city must operate.
PART C. RESTATE SECTION 17 -6 (APPLICATION OF REGULATION) OF
ARTICLE II (TRUCK ROUTES) OF CHAPTER 17 (TRAFFIC), OF
THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER,
FLORIDA.
Section 17 -6 is amended and restated to read as follows:
All trucks within the city shall be operated only Aver and along the truck routes herein
passages are deleted.
Underlined passages are added.
98- O- TruckRoute 2
established and on the other designated streets over which truck travel is permitted.
Exceptions. This article shall not prohibit:
..r (a) Operation on street of destination. The operation of trucks upon any street where
necessary to the conduct of business at a destination point. provided streets upon
which such traffic is permitted are used until reaching the intersection nearest the
destination point.
(b) Emergency vehicles. The operation of emergency vehicles upon any street in the
city.
•
(c) Public utilities. The operation of trucks owned or operated by the state. county, city,
public utilities, any contractor or material man. while engaged in the repair,
maintenance or construction of streets. street improvements. or street utilities within
the city. or other public business.
(d) Detoured trucks. The operation of trucks upon any officially established detour in
any case where such truck could lawfully be operated upon the street for which such
detour is established.
PART D. AMEND SECTION 17 -7 (DESIGNATED STREETS FOR TRUCK
Now USE) OF ARTICLE II (TRUCK ROUTES) OF CHAPTER 17
(TRAFFIC), OF THE CODE OF ORDINANCES OF THE CITY OF
EDGEWATER, FLORIDA.
Section 17 -7 is amended and restated to read as follows:
Sec. 17 -7. Designated streets for truck use.
The following streets. and no others shall be used for truck traffic:
U. S. Highway 1
West Park Avenue
Indian River Boulevard (S.R. 442) - west of U. S. Highway 1
Mango Tree Drive south - between West Park Avenue and 16 Street
16 Street east/west - to Hibiscus Drive
Hibiscus Drive between le Street south and Roberts Road
26 Street east/west - between Hibiscus Drive and Silver Palm Drive
%ow Guava Drive south - between Indian River Boulevard (S.R. 442) and 28 Street
Sty ough passages are deleted.
Underlined passages are added.
98- O- TruckRoute 3
Fern Palm Drive north - to 16 Street
16 Street - to Industrial Street
Industrial Street - to Marion Avenue
Marion Avenue - to U. S. Highway 1
Roberts Road
30 Street
The following strccts, and no -others shall be used for truck traffic: U.S. IIighway 1, Park
Avcnuc, wcst of U.S. Iligiway 1, Indian Rivcr Boulevard (S.R. 442) wcst of U.S. Ilighway 1;
• ., _ - - ` - . - - .. - ' .. • = - = Strcct, and Robcrts Road. It shall be unlawful
for a truck to deviate from said designated streets except as provided herein.
PART E. AMEND SECTION 17 -8 (TRUCK ROUTES ESTABLISHED) OF
ARTICLE II (TRUCK ROUTES) OF CHAPTER 17 (TRAFFIC), OF
THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER,
FLORIDA.
Section 17 -8 is amended and restated to read as follows:
'''ur . Sec. 17 -8. Truck routes established.
There is hereby established within the city the following "truck routes ":
Outside origin: outside destination. All trucks entering the city for destination points outside
the city shall operate only over the following designated routes:
Northbound - southbound. All trucks shall use U.S. Highway 1.
b(.--) Eastbound - westbound. Trucks shall use West Park Avenue, and Indian River
Boulevard (S.R. 442), from between the westerly city limits to and U.S. Highway 1,
attd or 30 Street and Roberts Road from between the easterly city limits to and the
westerly city limit.
�
Struck- through passages are deleted.
Underlined passages are added.
98- O- TruckRoute 4
PART F. RESTATE SECTION 17 -9 (TRUCK TRAFFIC IN THE CITY) OF
ARTICLE II (TRUCK ROUTES) OF CHAPTER 17 (TRAFFIC), OF
THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER,
FLORIDA.
Section 17 -9 is restated as follows:
Sec. 17 -9. Truck traffic in the city.
(a) Outside origin.
(1) One inside destination point. All trucks entering the city for a destination point in
the city shall proceed only over an established truck route and shall deviate only at
the intersection with the deviating street, upon which such traffic is permitted, nearest
to the destination point, a deviating truck shall return to the truck route by the
shortest permissible route.
Nor
(2) Multiple inside destination points. All trucks entering the city for multiple
destination points shall proceed only over established truck routes and shall deviate
only at the intersection with the deviating street, upon which such traffic is permitted,
nearest to the first destination point. Upon leaving the first destination point a
deviating truck shall proceed to other destination points by the shortest direction and
only over streets upon which such traffic is permitted. Upon leaving the last
destination point a deviating truck shall return to the truck route by the shortest
permissible route.
Nor (b) Inside origin.
passages are deleted.
Underlined passages are added.
98- O- TruckRoute 5
W Outside destination point. All trucks. on a trip originating in the city. and traveling
in the city for a destination point outside the city shall proceed by the shortest
direction over streets on which such traffic is permitted to a truck route as herein
Now
established.
(2) Inside destination points. All trucks. on a trip originating in the city, and traveling
in the city for destination points in the city shall proceed only over streets upon
which such traffic is permitted.
PART G. AMEND AND RESTATE SECTION 17 -10 (SPEED LIMITS) OF
ARTICLE II (TRUCK ROUTES) OF CHAPTER 17 (TRAFFIC), OF
THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER,
FLORIDA.
Section 17 -10 is amended and restated to read as follows:
Sec. 17 -10. Speed limits.
v
(a-) The speed limit along streets designated as a truck route which are under the
jurisdiction of the city shall be thirty (30) miles per hour., unless otherwise posted;
provided however. that this shall not apply to U.S. Highway 1.
(b) The speed limit along that part of the truck retttc established by Ordinance No. 79-
O 22 being 16th Street bctwccn Mango Trcc Drive and Ilibiscus Drive shall be
Struck - through passages are deleted.
Underlined passages are added.
98- O- TruckRoute 6
PART H. AMEND AND RESTATE SECTION 17 -11 (ENFORCEMENT) OF
ARTICLE II (TRUCK ROUTES) OF CHAPTER 17 (TRAFFIC), OF
THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER,
FLORIDA.
Section 17 -11 is amended and restated to read as follows:
Sec. 17-11. Enforcement.
La.) Clerk maintains maps. The city clerk shall keep and maintain accurate maps setting
out truck routes and streets upon which truck traffic is permitted: the maps shall be
kept on file in the office of the city clerk and shall be available to the public.
b) £Chief efreliec Director of parks and recreation /maintenance maintains signs. The
chicf of police director of parks and recreation/maintenance of the city shall cause all
truck routes and those streets upon which truck traffic is prohibited to be clearly sign -
posted to give notice that this article is in effect.
Failure to post. No person shall be charged with violating the provisions of the
article by reason of operating a truck upon a street wherein truck travel is prohibited
unless appropriate signs are posted on such street.
Now
(c) Weigh - in. The chief of police or his designee shall have the authority to require any
person driving or in control of any commercial vehicle not proceeding over a truck
route or street over which truck traffic is permitted to proceed to any public or private
scale available for the purpose of weighing and determining whether this article has
been complied with.
PART I. RESTATE SECTION 17 -12 (PENALTIES) OF ARTICLE II (TRUCK
ROUTES) OF CHAPTER 17 (TRAFFIC), OF THE CODE OF
ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA.
Section 17 -12 is restated as follows:
Sec. 17-12. Penalties.
Any person. firm or corporation violating any provisions of this article shall be deemed guilty
of a misdemeanor in the second degree and upon conviction thereof shall be punished as provided
"fir in section 1 -8 of this Code. Each day that an offense is committed or permitted to continue shall
Struck rough passages are deleted.
Underlined passages are added.
98- O- TruckRoute 7
constitute a separate offense and shall be punishable hereunder.
PART J. RESTATE SECTIONS 17 -13, 17 -14 (RESERVED) OF ARTICLE II
(TRUCK ROUTES) OF CHAPTER 17 (TRAFFIC), OF THE CODE OF
ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA.
Section 17 -13 and 17 -14 are restated as follows:
Secs. 17 -13, 17 -14. Reserved.
PART K. RESTATE SECTIONS 17 -15 - 17 -19 (RESERVED) OF ARTICLE II
(TRUCK ROUTES) OF CHAPTER 17 (TRAFFIC), OF THE CODE OF
ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA.
Section 17 -15 - 17 -19 are restated as follows:
Secs. 17 -15 - 17 -19. Reserved.
PART L. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
° ''"r"' are hereby superseded by this ordinance to the extent of such conflict.
PART M. 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 N. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of
w
passages are deleted.
Underlined passages are added.
98- O- TruckRoute 8
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 L through P shall not be codified.
PART O. EFFECTIVE DATE.
This Ordinance shall take effect upon adoption.
PART P. ADOPTION.
After Motion by and Second by , the vote on the first reading of
this 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
Councilman Jim Gornto XXX
Councilman Myron F. Hammond XXX
Councilman Gary W. Roberts XXX
Councilwoman Judy Lichter XXX
passages are deleted.
Underlined passages are added.
98- O- TruckRoute 9
PASSED AND DULY ADOPTED this day of , 1998.
CITY COUNCIL OF THE
ATTEST: CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Randy G. Allman
City Clerk Mayor
Dated:
APPROVED FOR FORM
*taw AND CORRECTNESS:
Nikki Clayton
City Attorney
"sir
Struck through passages are deleted.
Underlined passages are added.
98- O- TruckRoute 10
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Joint Program Proposal
The Greater Daytona Beach Area and the Parks and Recreation Department will work together to
provide the following programs for the community. The Greater Daytona Beach area YMCA will
manage and pay operating expenses of the facility.
`4r
Programs that will continue to be provide by the Parks and Recreation Department are:
- Youth Baseball (5 - 14 years of age)
- Youth Soccer ( 5 - 14 years of age)
- Tennis lessons ( any age)
- Senior Mens Softball ( over 55 )
- Adult Co -ed Softball (adult and women)
- Youth girls softball (8 - 14 yrs of age)
- Shuffleboard Club league
- Concerts in the Park
Programs that will be provided in the new Southeast Area YMCA are:
- Senior Exercise - Aerobics - Adult exercise
- Weight Management - Weight Training - Fitness testing
- Fitness evaluations - Nutrition classes - Aqua aerobics
- Arthritis Classes - Yoga - Youth Basketball
- Adult Basketball - Youth Volleyball - Adult Volleyball
- Racquetball - Judo/Karate - Line Dance
- Jazz - Tap Dance - Ballet
- Square Dancing - Ballroom Dancing - Self Defense
- Youth Swim Lessons - Lifeguarding classes - Adult swim lessons
- Lap swims - Recreational Swims - Day Camp
- Pre school age 3 - 5 years
Informal Education classes that could be taught are:
- Water Color Painting - Cross Stitchery - Acrylic Painting
- Flower Arranging - Photography - Drawing
- Crochet/Knitting - Computer Classes - Quilting
- Basket Weaving - Ceramics - Bridge
- Chess - Arts & Crafts
lr.
•
Population by age
The 1990 census provides a breakdown of total population within the city of Edgewater.
*tow Under 18 23.9%
18 -24 7.4%
25 - 44 29.0%
45 -54 8.9%
55 -64 10.4%
65 & over 20.3%
An active community promotes better relationships among friends, neighbors and residents.
All programs provided will help individuals to:
Grow personally
Clarify values
Develop specific skills
Appreciate diversity
Now Improve personal and family relationships
Have fun
All programs at the facility will help individuals develop the following character traits:
Caring
Honesty
Respect
Responsibility
Noe
Southeast Area YMCA
•
Facilities
*Gymnasium
*Nautilus & Weight Room
*Aerobic Room
*Fitness Testing Lab
*Day Nursery
N , *Teen /Senior Area
*Racquetball Court
*Men's Family Locker Room
*Women Family Locker Room
*Co-ed Whirlpool
*Co-ed Steam & S a Room
*25 yard 8 lane outdoor pool
o
y 4
Hours of Operations
Monday through Friday 6:00 am to 9:00 pm
Saturday 9:00 am to 6:00 pm
Sunday 2:00 pm to 6:00 pm
Pool Hours
May to September Monday through Friday 9:00 am to 8:00 pm
Saturday 10:00 am to 5:00 pm
Sunday 2:30 pm to 5:30 pm
October to April Monday through Friday 10:00 am to 5:00 pm
Saturday 10:00 am to 5:00 pm
Sunday 2:30 pm to 5:30 pm
Proposed YMCA Membership Plan
Edgewater City Residents Youth (17 and under) $10.00 /month
ler
Non Residents Youth (17 and under) $15.00 /month
Edgewater City Residents Adults (18 to 64) $22.00 /month
Non Residents Adults (18 to 64) $30.00 /month
Edgewater City Residents Couple $38.00 /month
Non Residents Couple $50.00 /month
Edgewater City Residents Single Parent $25.00 /month
Non Residents Single Parent $35.00 /month
Edgewater City Residents Family $45.00 /month
Non Residents Family $60.00 /month
Edgewater City Residents Senior Citizen (65 & over) $20.00 /month
Non Residents Senior Citizen (65 & over) $28.00 /month
*ow Edgewater City Residents Senior Couple $35.00 /month
Non Residents Senior Couple $45.00 /month
* 3 and 6 month membership available for winter residents
* Daily Guess passes will be available for youths and adults
Target Memberships of 1,060 for the first year in new facility
Total Membership Units
Youth 125
Adult 260
Single Parent 100
Family 175
Senior Citizen 150
Senior Citizen Couple 150
' Corporate Employee 75
Corporate Family 75
Total Units 1,060
Proposed YMCA Membership Plan
Bank Draft Annual
e rr Edgewater City Residents Youth (17 and under) $10.00 /month $120.00
Non Residents Youth (17 and under) $15.00 /month $180.00
Edgewater City Residents Adults (18 to 64) $22.00 /month $264.00
Non Residents Adults (18 to 64) $30.00 /month $360.00
Edgewater City Residents Couple $38.00 /month $456.00
Non Residents Couple $50.00 /month $600.00
Edgewater City Residents Single Parent $25.00 /month $300.00
Non Residents Single Parent $35.00 /month $420.00
Edgewater City Residents Family $45.00 /month $540.00
Non Residents Family $60.00 /month $720.00
Edgewater City Residents Senior Citizen (65 & over) $20.00 /month $240.00
w
Non Residents Senior Citizen (65 & over) $28.00 /month $336.00
Edgewater City Residents Senior Couple $35.00 /month $420.00
Non Residents Senior Couple $45.00 /month $540.00
* 3 and 6 month membership available for winter residents
* Daily Guess passes will be available for youths and adults
Target Memberships of 1,060 for the first year in new facility
Total Membership Units
Youth 125
Adult 260
Single Parent 100
Family 175
Senior Citizen 150
Senior Citizen Couple 150
Corporate Employee 75
Corporate Family 75
Total Units 1,060
Southeast Area YMCA Scholarship Plan
Number of dependent children in household
rGross Income 1 2 3 4 5 6 7 8
under $10,062 95% 95% 95% 95% 95% 95% 95% 95%
10,063 - 13,468 90% 90% 90% 90% 90% 90% 90% 90%
13,469 - 14,319 80% 85% 90% 90% 90% 90% 90% 90%
14,320 - 16,874 70% 75% 80% 85% 90% 90% 90% 90%
16,875 - 19,166 60% 65% 70% 75% 80% 85% 90% 90%
19,167 - 20,280 50% 55% 60% 65% 70% 75% 80% 85%
20,281 - 23,686 0% 50% 55% 60% 65% 70% 75% 80%
23,687 - 24,013 0% 0% 45% 50% 55% 60% 65% 70%
24,014 - 27,092 0% 0% 0% 40% 45% 50% 55% 60%
' 093 - 28,860 0% 0% 0% 0% 35% 40% 45% 50%
2,861 - 30,498 0% 0% 0% 0% 30% 25% 20% 15%
30,499 - 33,707 0% 0% 0% 0% 0% 25% 20% 15%
'33,708 - 33,904 0% 0% 0% 0% 0% 20% 15% 10%
33,905 - 38,554 0% 0% 0% 0% 0% 15% 10% 5%
38,555 - 43,404 0% 0% 0% 0% 0% 15% 10% 5%
43,405 - 48,248 0% 0% 0% 0% 0% 0% 10% 5%
48,249 & up 0% 0% 0% 0% 0% 0% 0% 0%
* Family Income - Based on Gross Income on current year Income Tax Return.
* Percentage of assistance based on number of dependent children in household.
* Assistance is up for review every 3, 6 or 12 months.
__ * Assistance available for After School Child Care, Pre - School Child Care, Day Camping, Youth
Sports, Youth Swim Lessons, Youth Membership, and other youth programs.
* % in chart shows amount of assistance to be granted.
* All balances must be paided weekly or assistance will be terminated.
* All participants will be responsible for full payment of registration fees
* Funding provided through United Way, YMCA Sustaining drive, and private funding sources
•
Projected Budget for the Southeast Area YMCA
Income:
Membership $384,300.00
programs 43,200.00
Privatization 50,000.00 _ ��
Day Camp 40,000.00
Total Income $517,500.00
Expenses:
Salaries $234,714.00
Employee Benefits 58,678.00
Liability Insurance 10,000.00
Loan Payment 48,000.00
Reserve 12,000.00
Electric 26,321.00
%iv Pool Chemicals 4,541.00
Pool Fuel 5,128.00
Water 5,000.00
Office Supplies 2,500.00
Promotions 8,000.00
Maintenance & repairs 4,000.00
Staff training 3,000.00
Postage 2,500.00
Telephone 3,700.00
Contract Services 33,000.00
Program Supplies 15,000.00
Equipment rental 6,000.00
Vehicle expense 2,693.00
Association Services 23,375.00
Nationals Dues 9,350.00
Total Expenses $517,500.00
„ "
j- HALIFAX FISH
Imo ) Community Health
JAMES R. FOSTER A.C.x.E.
Chief Operating Officer
Wayne Bostic, CEO August 31, 1998
`ore YMCA of Greater Daytona Beach
825 Derbyshire Road
Daytona Beach, FL 32117
Dear Wayne:
Halifax Fish Community Health including Southeast Volusia Hospital District are committed to improve the
health, well -being and quality of life of those in southeast Volusia County. This is the mission of the Bert Fish
Medical Center and its parent, Southeast Volusia Hospital District.
Halifax Fish Community Health is a partnership of Southeast Volusia Hospital District and Halifax Hospital
Medical Center. Halifax Fish Community Health is developing a program relationship with the Y. The
relationship with the Y will provide knowledge in meeting the wellness needs especially of our elder citizens,
expertise in designing programs which improve the health of this population, and may include staffing
commensurate with the financial resources of the program to operate on behalf of these citizens.
The overall objective of the wellness center is to enable citizens of southeast Volusia to develop a
healthier lifestyle through a medical model program of risk assessment, health education and fitness
application, and weight control. This will be accomplished by operating an attractive wellness center
v staffed with professionals educated in meeting the fitness needs of community, employee and special
population patrons. Programs will be designed to evaluate health risks, educate general and special
populations in their physical health needs, supervise these individuals through a regimented fitness
program of cardio - vascular endurance, muscular strength, joint flexibility and weight management
and, ongoing risk assessment will be a vital portion of the wellness program.
Southeast Volusia Hospital District is committed to improve the health of its citizens within the Halifax Fish
Community Health partnership, utilizing resources from both hospital districts and providing program support
and experienced personnel. Capital commitments will be considered in the future but have not been approved
at this point by the respective boards. I believe that Southeast Volusia health care professionals are committed
to the wellness of their population, and several individuals have indicated that they support the development of
a wellness center in southeast Volusia. The success of the YMCA depends upon the commitment of
businesses and families and individuals in southeast Volusia County, and I will support development of this
project with the City of Edgewater. The hospital district is not making a capital commitment at this point, and
my commitment only includes those monies which I personally can contribute. The YMCA will succeed
based upon the support of the community, and I support that success.
Thank you for your efforts to make possible Health Fitness and Wellness in southeast Volusia County.
Sincerely yo s,
,. ?
Janes R. Foster, COO
Halifax Fish Community Health
Cc: Arden Kelley
Ron Rees
An Integrated Health System Incorporating the Facilities of Bert Fish Medical Center and Halifax Medical Center
Providing a Full Range of Health Services to the Communities of East Central Florida
1041 Dunlawton Avenue • Suite 250 • Port Orange, FL 32127 • (904) 322 -4765 • FAX (904) 322 -4768
oE
4 t.
. THE CITY OF EDGEWATER
POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100
•
oaO ra�Tr
` ssi
September 4, 1998
Patrick L. McGuire, Jr.
Executive Director
Volusia County Public Employees Association
1660 Tomoka Farms Road
Daytona Beach, FL 32124
Dear Mr. McGuire:
The City is proposing the following contract amendments for the P.E.A. Agreement:
Article 9 PEA Representatives
C. The City will provide the PEA on an annual basis with a complete roster of the bargaining
unit including name, job classification and current pay rate, upon request.
Article 20 Leave of Absence:
A change in the Florida Statute requires a change from 17 working days leave to twenty (20)
working days leave for military training.
Article 24 Vacation:
Add following sentence to A. "Every employee is to physically take at least one week off
Noy annually for vacation."
Article 31 Pension Plan:
Change last sentence with: " The PEA Representative shall serve as the employee member
on the General Employee's Pension Board."
Article 32 Wages:
Reword as follows: "For the years 1998 - 99 and 1999 - 2000, the employees shall receive
a 3.5 increase to their individual hourly rates, effective the first full pay week in the month
of October each year. Annual employee appraisals shall be prepared on each employee's
individual anniversary date.
As soon as I receive your concurrence, these amendments will be made to the agreement and
placed on the City Council agenda for formal adoption.
Sincerely,
e p
, Interim City Manager
KH:ds
cc: Jim Hoppe, Employee Representative
C)
� f
r ( ° i c 6 ,4 .
B. The authorized PEA representative and the PEA employee
representative shall be permitted reasonable access for reasonable
periods of time to department work locations to handle specific
grievances and matters of interpretation of the Agreement. The
exercise of such access rights shall not interfere with the
functioning of the work place.
C. The City will provide the PEA on an annual basis with a
complete roster of the bargaining unit including name, job
classification, address, telephone number, social security number
and current pay rate.
D. The employee representative shall notify his Department
Head of any negotiating session held during the regular work day.
ARTICLE 10
PERSONNEL RECORDS
The City shall recognize only one official personnel file
which shall be maintained by the personnel department in City Hall.
Each employee covered by this Agreement shall have the right to
inspect his official personnel file, provided, however, that such
inspection shall take place at a reasonable time, under the
supervision of the records custodian. The employee shall have the
right, at his own expense, to make duplicate copies of any item
contained in his official personnel file.
Employees covered by this Agreement shall have the right to
file a written response to any document which is placed in the
employee's official personnel file. Any such written response
shall be included in the employee's official personnel file and
attached to the original document.
The City will require a written request from anyone but the
employee or supervisor prior to allowing review of an employee's
official personnel file. The City will notify the employee when
such a request has been filed.
PEA Union Contract
October 9, 1995 15
Any employee who is a member of the National Guard or an
organized military or naval reserve unit of the United States will
be allowed a maximum of seventeen (17) working days leave of
absence'with pay in any one annual period when the employee is
engaged in training ordered under the provisions of the United
States military or naval training regulations. During such period
of leave with pay, the employee's benefits shall continue
uninterrupted in the same manner as if he were on active duty with
the City. Administrative leaves of absence for additional or
longer periods of time for assignment to duty functions of a
military character shall be without pay unless the employee has a
sufficient amount of accrued time and shall be granted by the City
and when so granted shall be without loss of time or efficiency
..w
rating.
Pursuant to the Family and Medical Leave Act of 1993, upon
request, employees with at least twelve (12) months of service who
have worked an average of more than twenty -four (24) hours per week
over the preceding twelve (12) months (1,250 hours), will be
granted leave without pay for up to a maximum of twelve (12) weeks
in any twelve (12) month period for childbirth, adoption of a
child, or a serious health condition of the employee or her
immediate family member (spouse, parent, child). Employees with a
sufficient amount of accrued time shall be eligible for a leave of
absence with pay. The City will determine the amount of leave
available for an eligible employee by using a "rolling" twelve (12)
month period measured backward from the date an employee uses any
such leave. The procedure to be followed in requesting family and
medical leave and any additional requirements shall be as set forth
in the City's Personnel Policy and Procedures Manual, and as that
document may from time to time be amended.
II. Article 22 - Holidays and Personal Days is amended to read as
follows:
The City will recognize the following as paid holidays:
New Years
Martin Luther King's Birthday
1996 PEA Amendment
October 9, 1996
2
/ / V' roil
credited with ninety -six (96) hours of vacation leave. Subsequent
to the completion of one (1) year of employment, an employee shall
accrue vacation leave on a monthly basis.
B. Vacation leave accrued, but not used, within any given
anniversary period may be carried over and accumulated. Employees
may accumulate vacation leave up to a maximum of five hundred (500)
hours.
C. In lieu of taking vacation leave, vacation leave may be
cashed in in an amount equal to one half of that accrued within the
current anniversary period. The amount of compensation shall be
determined by using the employee's hourly rate at the time the
vacation leave is cashed in.
D. Upon termination of employment, except for the commission
116` of a criminal act as determined by the DCR, an employee will be
paid for any unused portion of accrued vacation leave. The payment
shall be determined by using the rate of pay received by the
employee at the time of termination.
E. Vacations must be scheduled with the approval of the
Department Head. Vacation time cannot be taken in increments of
less than one (1) hour. • Seniority shall be considered by the
i
Department Head in the scheduling of vacations.
ARTICLE 25
BEREAVEMENT LEAVE
A. When a death occurs in the immediate family of an
employee, that employee shall be granted up to three (3) days
bereavement leave without loss of pay. Additional time may be
taken by the employee as vacation leave, personal days, sick leave,
' a leave of absence without pay or a day off without pay.
B. Immediate family shall mean: spouse, parents,
grandparents, children, grandchildren, brothers, sisters,
stepchildren and stepparents of either the employee or spouse. If
the employee was raised by someone other than one of the above
named, he may request the leave in the event of the death of that
PEA Union Contract
October 9, 1995 27
f
ARTICLE 30
EDUCATION
When a Department Head determines that the best interest of
the City is served by the additional education of employees, the
Department Head may recommend that the City pay the entire cost.
Final approval must be granted by the City Manager. In addition,
educational leave may be granted by the City Manager. An employee
granted educational leave with full pay shall be entitled to a
continuation of all City benefits. Entitlement to benefits for
employees on partially compensated or uncompensated educational
leave shall be determined by the City Manager.
In the case of ongoing coursework, if the employee withdraws
from a class without approval of the DCR, fails to pass with a
grade of "C" or better, or fails on a pass /fail system, the
employee shall reimburse the City for all costs paid by the City.
If the employee voluntarily leaves the service of the City within
nine (9) months of completion of the course he shall reimburse the
City for all costs paid by the City.
ARTICLE 31
PENSION PLAN
The City agrees to continue the present pension plan with all
contributions to it paid by the City. Any changes or additions to
the present plan agreed to by the General Employee's Pension Board
and the City Council shall be implemented. Two (2) employee
members of the Bargaining Unit shall be selected by Bargaining Unit
members to be appointed by the City Council to serve on the General
Employees Pension Board for a period of two (2) years.
ARTICLE 32
WAGES
For fiscal year 1995 -1996, the pay- for - performance plan shall
be funded in an amount equal to three (3) percent of the cumulative
annual salaries for all employees. This Article shall not be
PEA Union Contract
October 9, 1995 32
r
more with the City as of October 1, 1996, shall be
entitled to a contribution of twelve (12) percent of all
compensation earned during the period of employment with
the City prior to October 1, 1996, and twelve (12)
percent of all compensation earned October 1, 1996, or
thereafter.
IV. Article 32 - Wages is amended to read as follows:
For fiscal years 1996 - 1997 and 1997 - 1998, the pay -for-
performance plan and a 457 deferred compensation plan shall be
funded in a total amount equal to four (4) percent of the
cumulative annual salaries for all employees. This Article shall
not be construed to guarantee an individual employee any given
percentage wage adjustment. Wage adjustments for individual
employees shall be determined by their performance evaluations.
From the four (4) percent of the cumulative annual salaries of all
employees, the City shall contribute three and 69/100 dollars
($3.69) per week to a 457 deferred compensation plan established
for each individual employee.
V. Article 38 - Duration of Agreement is amended to read as
follows:
This Agreement shall be effective from October 1, 1995,
through September 30, 1998.
Upon mutual consent anytime during the term of this Agreement,
the parties may agree to reconsider any provisions of this
Agreement. Such consent shall not be unreasonably withheld by
either party.
VI. The effective date of this Amendment to PEA Agreement is
October 4, 1996.
VII. In all other respects, the terms and conditions of that
certain Agreement executed on October 22, 1995, and October 16,
1995, shall remain in full force and effect.
w..
1996 PEA Amendment
October 9, 1996
5
THE CITY OF ED GE WATER
POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100
w
AB TA L.T
September 4, 1998
Patrick L. McGuire, Jr.
N
Executive Director
Volusia County Public Employees Association
1660 Tomoka Farms Road
Daytona Beach, FL 32124
Dear Mr. McGuire:
The City is proposing the following contract amendments for the S. P.E.A. Agreement:
Article 8 PEA Representatives
C. The City will provide the PEA on an annual basis with a complete roster of the bargaining
unit including name, job classification and current pay rate, upon request.
Article 19 Leave of Absence:
A change in the Florida Statute requires a change from 17 working days leave to twenty (20)
working days leave for military training.
Article 23 Vacation:
Add following sentence to A. "Every employee is to physically take at least one week off
Nally annually for vacation."
Article 30 Pension Plan:
Change last sentence with: " The PEA Representative shall serve as the employee member
on the General Employee's Pension Board."
Article 31 Wages:
Reword as follows: "For the years 1998 - 99 and 1999 - 2000, the employees shall receive
a 3.5 increase to their individual hourly rates, effective the first full pay week in the month
of October each year. Annual employee appraisals shall be prepared on each employee's
individual anniversary date.
As soon as I receive your concurrence, these amendments will be made to the agreement and
placed on the City Council agenda for formal adoption.
Sincer y,
K nn th per
Interim City Manager
KH:ds
cc: Mike Tenney, Employee Representative
4
members and the City Manager. The employee- management committee
shall meet as needed on dates mutually agreed upon by the
participants. The sole function of the committee shall be to
N `"' discuss General matters pertaining to employee relations and
departmental operations. The committee shall not engage in
collective bargaining or resolution of grievances. The
supervisors attending committee meetings outside of normal working
hours shall not be compensated for the time spent in such meetings.
However, if the meetings are held during the regular work day, the
supervisors shall be allowed to attend without loss of pay. The
supervisor shall notify her Department Head of any meetings
scheduled during the regular workday.
ARTICLE 8
SPEA REPRESENTATIVES
The SPEA shall be represented by its President, or his
designee. It shall be the responsibility of the SPEA to notify the
City Manager, in writing, of any change in the designation of the
President, or his designee.
A. When negotiating sessions are held during the regular work
day, the SPEA employee representative shall be permitted to attend
without loss of pay.
B. The authorized SPEA representative and the SPEA employee
representative shall be permitted reasonable access for reasonable
periods of time to department work locations to handle specific
grievances and matters of interpretation of the Agreement. The
exercise of such access rights shall not interfere with the
functioning of the workplace.
C. The City will provide the SPEA on an annual basis with a
complete roster of the bargaining unit including name, job
classification, address, telephone number, social security number
and current pay rate.
D. The SPEA employee representative shall notify his
16 Department Head of any negotiating sessions held during the regular
work day.
SPEA union Contract 1995
October 9, 1995 14
/7/ c / � /9 - (toht
Any employee who is a member of the National Guard or an
organized military or naval reserve unit of the United States will
be allowed a maximum of seventeen (17) working days leave of
absence with pay in any one annual period when the employee is
engaged in training ordered under the provisions of the United
States military or naval training regulations. During such period
of leave with pay, the employee's benefits shall continue
uninterrupted in the same manner as if he were on active duty with
the City. Administrative leaves of absence for additional or
longer periods of time for assignment to duty functions of a
military character shall be without pay unless the employee has a
sufficient amount of accrued time and shall be granted by the City
and when so granted shall be without loss of time or efficiency
tow rating.
Pursuant to the Family and Medical Leave Act of 1993, upon
request, employees with at least twelve (12) months of service who
have worked an average of more than twenty -four (24) hours per week
over the preceding twelve (12) months (1,250 hours), will be
granted leave without pay for up to a maximum of twelve (12) weeks
in any twelve (12) month period for childbirth, adoption of a
child, or a serious health condition of the employee or her
immediate family member (spouse, parent, child). Employees with a
sufficient amount of accrued time shall be eligible for a leave of
absence with pay. The City will determine the amount of leave
available for an eligible employee by using a "rolling" twelve (12)
month period measured backward from the date an employee uses any
such leave. The procedure to be followed in requesting family and
medical leave and any additional requirements shall be as set forth
in the City's Personnel Policy and Procedures Manual, and as that
document may from time to time be amended.
II. Article 21 - Holidays and Personal Days is amended to read as
follows:
The City will recognize the following as paid holidays:
New Years
Martin Luther King's Birthday
1996 SPEA
October 9, 1996
2
having first completed a full year's employment. Upon completion
of one (1) ear's employment with the City, an employee shall be
credited with ninety -six (96) hours of vacation leave. Subsequent
to the completion of one year's employment, the employee shall
accrue vacation leave on a monthly basis.
B. Vacation leave accrued, but not used, within any given
anniversary period may be carried over and accumulated. Employees
may accumulate vacation. leave up to a maximum of five hundred (500)
hours.
C. In lieu of taking vacation leave, vacation leave may be
cashed in in an amount equal to one half of that accrued within the
current anniversary period. The amount of compensation shall be
determined by using the employee's hourly rate at the time the
vacation leave is cashed in.
D. Upon termination of employment, except for the commission
of a criminal act as determined by the DCR, an employee is entitled
to a lump sum payment for any unused portion of accrued vacation
leave. The payment shall be determined by using the rate of pay
received bv the employee at the time of termination.
E. 'Vacations must be scheduled with the approval of the
Department Head. Seniority shall be considered by the Department
Head in the scheduling of vacations.
ARTICLE 24
BEREAVEMENT LEAVE
A. When a death occurs in the immediate family of an
employee, that employee shall be granted up to three (3) days
bereavement leave without loss of pay. Additional time may be
taken by the employee as vacation leave, personal days, sick days,
a leave of absence without pay or a day off without pay.
B. Immediate family shall mean spouse, children, parents,
brother, sister, step - children, grandparents, and grandchildren of
either the employee or spouse. If the employee was raised by
someone other than one of the above named, he may request the leave
in the event of the death cf that individual.
SPEA Union Contract 1995
October 9, 1995 26
/ � ri l ✓rle 30
he present plan agreed to by the General Employee's Pension Board
and the City Council shall be implemented. One (1) member of the
bargaining unit shall be selected by bargaining unit members to be
appointed by the City Council to serve on the General Employees
Pension Board for a period of two (2) years.
In lieu of the present pension plan, for all employees hired
effective October 1, 1996, or thereafter, on behalf of the
employee, the City shall contribute twelve (12) percent of all
compensation earned during employment with the City to a 401(a)
money purchase plan. The account shall not be established until
the first day of the month following completion of ninety (90) days
of employment with the City, but shall include a contribution of
twelve (12) percent of all compensation earned since the effective
date of employment with the City. Employees shall be deemed vested
on the date the account is established.
Employees hired prior to October 1, 1996, and not vested in
the present pension plan as of September 30, 1996, may elect to
participate in the 401(a) money purchase plan under the following
conversion schedule :
A. Employees with three (3) months to two (2) years of
service with the City as of October 1, 1996, shall be
entitled to a contribution of ten (10) percent of all
compensation earned during the period of employment with
46 0 the City prior to October 1, 1996, and twelve (12)
percent of all compensation earned October 1, 1996, or
thereafter.
B. Employees with two (2) years and one day to four (4)
years of service with the City as of October 1, 1996,
shall be entitled to a contribution of eleven (11)
percent of all compensation earned during the period of
employment with the City prior to October 1, 1996, and
twelve (12) percent of all compensation earned October 1,
1996, or thereafter.
460 C. Employees with four (4) years and one day of service or
1996 SPEA Amendment
October 9, 1996
4
more with the City as of October 1, 1996, shall be
entitled to a contribution of twelve (12) percent of all
compensation earned during the period of employment with
the City prior to October 1, 1996, and twelve (12)
percent of all compensation earned October 1, 1996, or
thereafter.
IV. Article 31 - Wages is amended to read as follows:
For fiscal years 1996 - 1997 and 1997 - 1998, the pay -for-
performance plan and a 457 deferred compensation plan shall be
funded in a total amount equal to four (4) percent of the
cumulative annual salaries for all employees. This Article shall
not be construed to guarantee an individual employee any given
percentage wage adjustment. Wage adjustments for individual
V
employees shall be determined by their performance evaluations.
From the four (4) percent of the cumulative annual salaries of all
employees, the City shall contribute three and 69/100 dollars
($3.69) per week to a 457 deferred compensation plan established
for each individual employee.
V. Article 37 - Duration of Agreement is amended to read as
follows:
This Agreement shall be effective from October 1, 1995,
through September 30, 1998.
Upon mutual consent anytime during the term of this Agreement,
the parties may agree to reconsider any provisions of this
Agreement. Such consent shall not be unreasonably withheld by
either party.
VI. The effective date of this Amendment to SPEA Agreement is
October 4, 1996.
VII. In all other respects, the terms and conditions of that
certain Agreement executed on October 22, 1995, and October 16,
1995, shall remain in full force and effect.
%r.
1996 SPEA Amendment
October 9, 1996
5