01-22-2001
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Voting Order
Mayor Schmidt
Councilman Brown
Couhcilman Vincenzi
Couib1womanRhodes
Cowuilwomanlichter
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AGENDA
CITY COUNCIL OF EDGEW A TER
. REGULAR MEETING
January.22, 2001
7 :00 p.m.
COMMUNITY CENTER
1.
CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE
2.
APPROVAL OF MINUTES
A. Regular Meeting of December 18; 2000
3.
PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CERTIFICA TES/DONA TIONS
4.
. CITIZEN COMMENTS
(This is the time for the public to come forward with any comments they may have. Please
state your name and address, and please limit your comments to five minutes or less.)
5.
CITY COUNCIL REPORTS
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
None at this time.
7.
CONSENT AGENDA
Items on the consent agenda are defined as routine in nature that do not warrant detailed
discussion or individual action by the Council; therefore, all items remaining on the consent
agenda shall be approved and adopted by a single motion, second and vote by the City
Council. Items on the consent agenda are not subject to discussion. One of the most basic
rules of a consent agenda is that any member of the City Council may remove any item
from the consent agenda simply by verbal request at the City Council meeting.
Removing an item from the consent agenda does not require a motion, second or a vote; it
would simply be a unilateral request of an individual Council member.
A. Concession Stand Agreement - staff recommending City enter into an
Agreement with the Edgewater Fire/Rescue Association for the operation of
the concession stand at Whistle Stop Park.
B. Agreement for Police Chief - staff recommending approval of the Agreement
for Police Chief with Mike Ignasiak and authorize the City Manager to
execute the Agreement.
8. OTHER BUSINESS
A. Indian River Elementary - requesting permission to use Whistle Stop Park
and the YMCA as emergency evacuation locations for their students.
9. OFFICER REPORTS
A. City Clerk
B. City Attorney
C. City Manager
1) Cancel February 19,2001 (observation of Washington's Birthday)
10.' CITIZEN COMMENTS/CORRESPONDENCE
11. ADJOURN.
continued on page 2
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City Council Agenda
January 22, 2001
Page -2-
. Notes:
1) Citizen comments relating to any agei'lcta'matter may be made at the time the matter is before
Council. Please state your name and address, and please limit your comments to five minutes
or less.
2) . Allitems for inclusion on the February 5,2001;agenda must be received by the City Manager's
office no later than 4:30 p.m. Monday, January 29, 2001.
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.
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AGENDA REQUEST
Date: January 16. 2001
PUBLI C
HEARING
RESOLUTIONS
ORDINANCE
CONSENT ~
OTHER
BUSINESS
CORRESPONDENCE
ITEM DESCRIPTION:
Concession Stand Agreement
BACKGROUND:
City Staffhas operated the concession stand at Whistle Stop Park since it opened for operation.
Staffing is limited and the growth of our programs has created a burden on the operation of this
facility. Additional staffing would be needed to operate the facility efficiently. During the fall
programs, staffhad the Volunteer Fire/Rescue Association operate the concession on a trial
basis. The Association maintained and operated the concession stand successfully. This cut
back staff hours and operational costs for this facility.
STAFF RECOMMENDATION:
Staff recommends that the City of Edgewater continue to have the Fire/Rescue Association
operate the concession stand.
ACTION REQUESTED:
Staff recommends that City Council enter into this Agreement with the Edgewater Fire/Rescue
Association for the operation of the concession stand at Whistle Stop Park.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
SPECIFY IF BUDGET AMENDMENT IS REQUIRED) NO
PREVIOUS AGENDA ITEM:
NO~
YES
DATE:
AGENDA ITEM NO.
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Respectfully submitted,
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enneth R. Hooper
City Manager
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CITY OF EDGEW A TER
CONCESSION STAND AGREEMENT
~ THIS CONCESSION STAND AGREEMENT (this "Agreement") is made and entered
into this day of , 2001, by and between the CITY OF
EDGEW A TER, FLORIDA, a municipal corporation, whose mailing address Post Office Box 100,
Edgewater, Florida 32132-0100 (hereinafter "City"), and the EDGEWATER FIRE/RESCUE
ASSOCIATION, INC., a non-profit organization, whose address is Post Office Box 1027,
Edgewater, Florida 32132-1027 (hereinafter "Association").
PREMISES
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WHEREAS, City desires to employ the Association in connection therewith upon terms and
conditions hereinafter set forth, and the Association is desirous of obtaining such employment and
has represented that it is qualified and competent to perform such services; and
WHEREAS, this Agreement shall constitute a "continuing contract" as defined under the
laws of the State of Florida.
NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter
set forth, City and Association agree as follows:
1. Scope of Services
The Association will manage and provide for all operations relating to fast food services
provided at the concession stand located at Whistle Stop Park, Edgewater, Florida.
2. Responsibility of Association
A.
Provide all supplies, including but not limited to: various items of food, popcorn,
candy, condiments, cups, soft drinks, napkins, etc. that are necessary to operate the
concession stand during recreational activities.
(Agreement/Concession Stand)
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B. Provide all necessary staffing for efficient operation of the concession stand during
recreational activities.
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At all times keep the concession stand in a neat, clean and orderly condition.
D. Maintain operating hours beginning one-half (~) hour prior to the start of all games
and remaining open for business until the conclusion of the last scheduled game.
E. Maintain minimum public health standards as required by the Health Department for
operations and cleanliness associated with the serving of food.
F. Obtain approval from the Director of Parks and Recreation concerning prices for
items to be provided for sale at the concession stand.
G.
H.
Provide one (1) free soft drink to each umpire and scorekeeper per game.
Provide access at any time to Parks and Recreation Staff for inspection of the
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concession stand.
3. Responsibility of City
The Parks and Recreation Department will provide the Association a current calendar for all
recreational activities scheduled at Whistle Stop Park in which the operation ofthe concession stand
would be necessary.
4. Licensing
It is the sole responsibility of the Association to obtain all permits required for operation of
the concession stand (State of Florida, Health Department, etc.).
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Compensation
The Association shall be compensated for services rendered solely from the revenues
generated by the operation of the concession stand.
5.
(Agreement/Concession Stand)
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6. Representative of City and Association
A.
It is recognized that questions in the day-to-day conduct of performance pursuant to
this Agreement will arise. The City hereby designates the representative identified
under "NOTICES" as the employee to whom all communications pertaining to the
day-to-day performance of the Agreement shall be addressed. The designated
representative shall have the authority, as the City's coordinator for this Agreement,
to transmit instructions, receive information, and interpret and define the City's
policy and decisions pertinent to the work covered by this Agreement.
B. Association shall, at all times during the normal work week, designate or appoint one
representative who is authorized to act in behalf of the Association regarding all
matters involving the conduct of the performance pursuant to this Agreement and
shall keep the City continually advised of such designation in writing.
C. For the purpose of this Agreement only, the designated Association representative
IS:
Stephen Cousins, President
Edgewater Volunteer Fire Rescue Assoc. Inc.
P. O. Box 1027
Edgewater, Florida 32132
(904 )409-3333
(904)427-2828
(904)869-0171 (pager)
7.
Term of Agreement
The term of this Agreement shall be for one (1) year from the date first written above. The
City, with the mutual agreement of the Association may elect to renew the Agreement for four (4)
additional terms of one (1) year each. Association shall perform all services authorized during any
(Agreement/Concession Stand)
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renewal period in accordance with the terms and conditions herein.
8. Termination
The City or Association may terminate, by written notice to the other party, upon
thirty (30) days after the completion of scheduled league activities.
B. If the termination is due to failure of the Association to fulfill the Agreement
A.
obligations, the City may immediately take over the work associated with this
Agreement.
9. Indemnification
The Association agrees to forever save and keep harmless and fully indemnify the City, its
officers, employees, public officials and agents of and from all liabilities, damages, claims,
recoveries, costs and expense because of loss of, or damage to, property, or injury to or deaths of
persons in any way arising out of or in connection with the performance of this Agreement except
as shall have been occasioned by the sole negligence of the City.
10. Assignment
This Agreement, or any interest herein, shall not be assigned, transferred, or otherwise
encumbered, under any circumstances, by the parties hereto without prior written consent of the
opposite party and only by a document of equal dignity herewith.
11. Notices
All notices or other communications required or permitted 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:
(Agreement/Concession Stand)
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If to City:
City Manager
City of Edgewater
P. O. Box 100
104 N. Riverside Drive
Edgewater, FL 32132-0100
(904 )424-2403
With Copies to:
Legal Department
City of Edgewater
P. O. Box 100
104 N. Riverside Drive
Edgewater, FL 32132-0100
(904)424-2404
Director of Parks & Rec
City of Edgewater
P. O. Box 100
104 N. Riverside Drive
Edgewater, FL 3 2132-0100
(904)424-2485
If to Association:
Stephen Cousins, President
Edgewater Volunteer Fire/Rescue Association, Inc.
P. O. Box 1027
Edgewater, FL 32132-1027
(904)409-3333
(904)427-2828
(904)869-0171 (pager)
12. Compliance with Federal, State and Local Laws
Association shall comply with all Federal, State and Local laws and ordinances applicable
to the work or payment for work thereof, and shall not discriminate on the grounds of race, color,
religion, sex or national origin in the performance of work under this Agreement.
13. Severability
All agreements and covenants herein are severable and in the event that any of them shall be
held invalid by a competent court, this Agreement shall be interpreted as if such invalid agreement
or covenant was not contained herein.
14. Entire Agreement
This Agreement constitutes the entire Agreement between the parties with respect to subject
matters. There are no inducements, promises, terms, conditions or obligations made or entered into
by either party other than those contained herein. There have been no prior agreements,
representations, statements, negotiations and undertakings between the parties. Any alterations or
variations ofthe terms ofthis Agreement shall not be valid unless made in writing and signed by all
(Agreement/Concession Stand)
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parties.
15.
No Interest in Land Created
Association hereby agrees that this Agreement is a license and concession only and not a
lease and that no interest or estate in real property, or improvements thereon, is created hereby.
IN WITNESS WHEREOF, the parties have made and entered into this Agreement on the
dates first contained herein.
ATTEST:
Susan J. Wadsworth
City Clerk
WITNESSES:
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
(Agreement/Concession Stand)
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Donald A. Schmidt
Mayor
Dated:
Robin L. Matusick
Legal Assistant
EDGEW A TER FIRE/RESCUE
ASSOCIATION, INC.
By:
Stephen Cousins
President
Dated:
Approved by the City Council of the City of
Edgewater at a meeting held on this
day of 2001 under
Agenda Item No.
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EDGEWATER FIRE/RESCUE ASSOC.
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P.O. BOX 1027 EDGEWATER. FLORIDA 32132 (904) 409-3333
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To: Jack Corder, Director
Edgewater Parks and Recreation
From: Stephen Cousins, President
Edgewater Fire Rescue Assoc.
Subject: Concession Stand Contract
Date: 01-12-01
The Board of Directors and myself have reviewed the contract and have found it to meet
our needs as well. Below I have listed the information you have requested.
Contact person:
Title:
Name:
Address:
Stephen Cousins
President
Edgewater Volunteer Fire Rescue Assoc. Inc.
P.O. Box 1027
Edgewater, F132132
(904) 409-3333
(904) 427-2828
(904) 869-0171
Phone:
Home:
Pager:
The Fire Rescue Assoc. Bylaws read as followed,
Page 9 Article VIII - Duties if Officers
Section I - President
The President shall serve as the executive head of the Assoc. and shall preside at all
meetings of the membership and the Board of Directors. The President will act as an
executive officer member of all committees.
I was elected into office in October 2000, and took office on November I, 2000 and my
term will last for 1 year. Attached is a copy of the bylaw section outlining the above
information.
Please feel free to contact me if you have any other questions, Thank You, Steve
.
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AGENDA REQUEST
c.A. NO.: 2001-015
Date: January 16,2001
PUBLIC
HEARING
ORDINANCE
RESOLUTION
CONSENT 01/22/01
OTHER
BUSINESS
CORRESPONDENCE
ITEM DESCRIPTION:
Agreement for Chief of Police
BACKGROUND:
During the Workshop held on December 18, 2000, City Council interviewed Mike Ignasiak for the
position of Chief of Police. During the regular meeting, Council authorized the City Manager to
negotiate an Agreement with Mr. Ignasiak. Attached is the City of Edge water Agreement for Chief
of Police that is the result of negotiations between the City Manager and Mr. Ignasiak.
Mr. Ignasiak has already made plans for relocation to Edgewater with his first day of employment
as Chief of Police to begin Monday, February 5, 2001. Benefits for the ChiefofPolice are consistent
with other contracted employees and department heads.
STAFF RECOMMENDATION:
Staff recommends approval of the Agreement for Chief of Police.
ACTION REQUESTED:
Motion to approve the Agreement for Chief of Police with Mike Ignasiak and authorize the City
Manager to execute the Agreement.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
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Respectfully submitted,
Concurrence:
~,.rq(~,,-
Kenneth R. Hooper
City Manager
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Robin L. Matusick \
Legal Assistant
rim
CITY OF EDGEWATER
AGREEMENT FOR CHIEF OF POLICE
U THIS AGREEMENT FOR CHIEF OF POLICE, (this "Agreement"), made and entered
into this day of ,2001, by and between the CITY OF EDGEW A TER,
FLORIDA, a municipal corporation of the State of Florida (hereinafter "City"), and MICHAEL
IGNASIAK, (hereinafter "Ignasiak").
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WITNESSETH:
WHEREAS, Ignasiak has demonstrated through his professional and educational law
enforcement experience that he is capable of serving at the highest level of professional and
administrative competency and is qualified to serve as Chief of Police of the City of Edgewater
("Chief of Police"); and
WHEREAS, as provided by the City Charter, the City Manager has the authority to employ
the Chief of Police; and
WHEREAS, the City Manager desires to employ Ignasiak to as Chief of Police; and
WHEREAS, Ignasiak desires to accept the responsibilities and render specific performance
to the City as Chief of Police; and
WHEREAS, both parties feel it would be mutually beneficial to have a contract of
employment between the City and the Chief of Police setting forth agreements and understandings
which (1) provide inducement for Ignasiak to accept the job of Chief of Police, (2) make possible
full work productivity by assuring Ignasiak's morale and peace of mind with respect to future
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'-' employment security, and (3) provide ajust means for terminating Ignasiak's services at such time
as the City Manager may desire to terminate his employ.
(Agreement/Chief of Police - Ignasiak)
NOW, THEREFORE, in consideration of the mutual covenants and promises which the
parties set forth below, the City and Ignasiak agree as follows:
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1.
EMPLOYMENT OF CHIEF OF POLICE:
The City hereby agrees to employ and appoint Ignasiak as Chief of Police and Ignasiak
hereby agrees to accept such employment, all subject to the terms and conditions set forth in this
Agreement. The City, Ignasiak and City Manager acknowledge that the position of Chief of Police
serves "at-will" of the City Manager.
Ignasiak shall devote his full time to act as Chief of Police for the City of Edgewater and
carry out to the best of his ability all the duties imposed upon him by the City Manager and such
other duties as the City, City Councilor Florida Law from time to time may direct or require of him.
The terms and conditions of employment are hereinafter set forth.
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2.
A.
TERMS AND CONDITIONS:
This Agreement shall be for a term commencing on February 5 ~ , 2001 (the
"Effective Date") and shall continue until such time as Ignasiak or the City Manager desire to
terminate this Agreement.
B. There shall be a six (6) month probationary period to be served by the Chief of Police.
C. Pursuant to the Residency Requirement as defined by Section 4.11 of the City
Charter, Ignasiak agrees to reside within the City of Edgewater no later than six (6) months after
completion of the probationary period. The City will assist with the cost of moving Ignasiak to
Edgewater in an amount not to exceed twenty-five hundred and no/1 00 dollars ($2,500.00). This
o amount will be paid by the City upon notification by Ignasiak that the relocation has occurred and
upon the submittal of sufficient evidence as to the cost of the relocation. In the event this Agreement
(Agreement/Chief of Police - Ignasiak)
2
is terminated by Ignasiak for any reason within three (3) years of the effective date of this
Agreement, then Ignasiak shall be required to immediately reimburse the City for the relocation
U expenses incurred by the City.
3. DUTIES:
A. Ignasiak shall have all powers, duties and responsibilities as Chief of Police of the
City, as provided in the Charter of the City of Edgewater, the Code of Ordinances of the City of
Edgewater and the laws of the State of Florida and the United States of America. Ignasiak shall
work under the direction and supervision of the City Manager, unless otherwise provided by the City
Charter, or the laws of the State of Florida.
B. Ignasiak shall maintain and keep current all requirements contained in the City of
Edgewater Job Description for Police Chief; to work with local community and social agencies in
U pursuit of common goals; and create and maintain an effective and motivated Police Department
while promoting professional ethics and values and foster public support.
4. PERFORMANCE EVALUATION:
A. Annually, the City Manager and Ignasiak shall define such goals and performance
objectives for Ignasiak which they determine necessary for the proper operation of the Police
Department and in the attainment of the City's policy objectives and shall further establish a relative
priority among those various goals and objectives, said goals and objectives to be reduced to writing.
These goals and objectives shall be attainable within the time limitations as specified and the annual
operating and capital budgets and appropriations provided.
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B.
The City Manager will evaluate the performance ofIgnasiak in accordance with the
Personnel Policy and Procedure Manual ofthe City of Edge water.
(Agreement/Chief of Police - Ignasiak)
3
5. COMPENSATION:
A. Beginning on the effective date, Ignasiak shall receive initial annual compensation
U of fifty-seven thousand and no/1 00 dollars ($57,000.00), which shall be payable in equal installments
at the time and manner all other employees of the City are paid.
B. RetirementlPension. Pursuant to Section 185.02, Florida Statutes (2000), Ignasiak
has the option to participate in the local police retirement plan. Ignasiak hereby acknowledges that
he has elected to not participate in the local police retirement plan and instead desires to participate
in either the ICMA or 401a defined contribution plan as provided by the City of Edgewater, Florida
Plan at a rate of 12% ofIgnasiak's salary as the contribution.
6. BENEFITS:
A. Except as otherwise provided herein, beginning on the Effective Date, Ignasiak shall
U receive the same benefits as all other City employees as stipulated in the Personnel Policy and
Procedure Manual, including but not limited to: paid vacation leave, sick leave, personal days,
worker's compensation, disability, retirement, life insurance, health insurance and dental insurance.
If differing types of employee benefits are provided by the City, Ignasiak will be entitled to the
highest standard of benefits provided by the City to its management employees.
B. Beginning on the Effective Date, Ignasiak is entitled to Employee Benefits as
stipulated in Section VIII - Employee Benefits pursuant to the Personnel Policy and Procedure
Manual.
C. The City shall offer Ignasiak five (5) days, including the three (3) personal days to
U be used in his first year of employment if necessary.
D. City agrees to waive the waiting period for all insurance coverages and begin
(Agreement/Chief of Police - Ignasiak)
4
coverage on the Effective Date of this Agreement.
E. Ignasiak shall receive, at no cost to him, uniforms, insignias and equipment as
U approved by the City Manager. These items shall be consistent with adopted uniform polices.
F. The City agrees to pay membership dues for Ignasiak in one (1) civic and one (l)
community membership as approved by the City Manager. For example, the City will pay for
membership in the Rotary Club, Kiwanis, Chamber of Commerce, Toastmasters, Elks, Moose. The
City Manager may authorize membership and payment of dues for other community organizations
if there is a public purpose and there is a potential benefit to the City or its residents from such
membership or participation.
G. In the event of litigation arising during the term of this Agreement wherein (i)
Ignasiak is named as a defendant in his capacity as Police Chief and the City is not named as a
U defendant in that same lawsuit, or (ii) if both Ignasiak and the City are named as defendants in the
same lawsuit and the litigation presents a possible conflict of interest between the City and Ignasiak,
said conflict being determined by the City in its sole discretion, then, to the extent permitted by law,
the City agrees to pay for the reasonable attorney fees and costs associated with the representation
or defense of Ignasiak.
7. AUTOMOBILE ALLOWANCE:
The City shall provide Ignasiak a monthly automobile allowance of three hundred and 00/1 00
dollar ($300.00) payable on the first payroll period of each month. Ignasiak shall provide his own
automobile insurance, and pay for all maintenance and fuel for all in-county travel. All other travel
'-' shall be reimbursed to Ignasiak at a cost per mile equal to the IRS allowable rate then in effect.
(Agreement/Chief of Police - Ignasiak)
5
8. PROFESSIONAL ASSOCIATIONS:
Notwithstanding Section 6F of this Agreement, the City agrees to pay dues for Ignasiak's
U membership in the V olusia County Police Chiefs Association, the International Association of Chiefs
of Police, the Police Executive Research Forum, the Florida Police Chiefs Association and other
organizations approved by the City Manager where such memberships would be beneficial to the
City. The City agrees to pay the cost associated with travel to and attendance at annual conferences
of the organizations referenced above as approved in the budget by the City Manager and City
Council.
9. OUTSIDE EMPLOYMENT:
City Manager recognizes and understands that the position of Chief of Police shall require
his his full time attention and accordingly agrees to devote all time necessary to fully discharge his
<.; duties. Ignasiak shall refrain from accepting any engagement which would interfere in any way with
the faithful performance of his services. However, nothing in this Agreement will be construed so
as to prevent Ignasiak from accepting honoraria or consulting requests from educational institutions,
units oflocal government or state agencies for lectures, articles or instructional material, which shall
not be in conflict with his duties as Chief of Police. All outside employment that is allowed under
this Agreement must be approved in advance and in writing by the City Manager prior to any such
performance.
10. TERMINATION OF EMPLOYMENT:
A. This Agreement may be terminated by the City Manager, and Ignasiak removed as
U Chief of Police, with or without cause, at any time during the term of this Agreement. This
Agreement may be terminated by Ignasiak upon thirty (30) day notification to the City Manager.
(Agreement/Chief of Police - Ignasiak)
6
Upon termination of this Agreement without cause by the City Manager, Ignasiak shall receive
severance in the form of a cash payment equal to the following:
u
1.
zero days for tenure of one (1) year or less of service;
2. one hundred twenty (120) days for tenure of more than one (1) to five (5)
years of service; and
3. one hundred fifty (150) days for tenure over five (5) years of service.
B. The City shall be exempt from payment of severance benefits if any of the following
conditions occur:
1) Conviction ofa Felony - In the event that Ignasiak's employment with the
City is terminated due to a conviction of any criminal act that could result in
a jail sentence of one (1) year and one (1) day or more.
(..)
Removal from Office by the Governor - In the event that Ignasiak is removed
from office by the Governor of the State of Florida, pursuant to Section
112.52, Florida Statutes (2000), or is otherwise lawfully removed from office
by either the state or federal governments.
3) Termination for cause as defined in the City's Personnel Policy and
2)
Procedures Manual as amended from time to time.
11. SEVERABILITY:
All agreements and covenants herein are severable, and in the event that any of them shall
be held invalid by a competent court, this Agreement shall be interpreted as if such invalid agreement
U or covenants were not contained herein.
(Agreement/Chief of Police - Ignasiak)
7
.
12. COMPLETE AGREEMENT IN WRITTEN DOCUMENT:
This written Agreement embodies the whole agreement between the parties and there are
U no inducements, promises, terms, conditions or obligations made or entered into by either the City
Manager, City or Ignasiak other than contained herein. This Agreement shall inure to the benefit of
Ignasiak and his heirs.
13. NOTICES:
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 copy to:
u
City Manager
City of Edgewater
P. O. Box 100
104 N. Riverside Drive
Edgewater, Florida 32132-0100
(904)424- 2404
Legal Department
City of Edgewater
P. O. Box 100
104 N. Riverside Drive
Edgewater, Florida 32132-0100
(904)424-2403
If to Ignasiak:
Michael Ignasiak
2417 Juniper Drive
Edgewater, Florida 32141
( )
14. ASSIGNABILITY:
Ignasiak's rights and obligations under this Agreement are personal and not assignable.
'->
(Agreement/Chief of Police - Ignasiak)
8
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Except as otherwise provided herein, this Agreement may not be modified or waived unless
in writing and duly executed by all parties to this Agreement.
IN WITNESS WHEREOF, the parties have made and entered into this Agreement on the
dates listed below.
WITNESSES:
WITNESSES:
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For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
(Agreement/Chief of Police - Ignasiak)
CITY OF EDGEW A TER, FLORIDA
By:
Kenneth R. Hooper
City Manager
Dated:
IGNASIAK
Approved by the City Council of the City of
Edgewater at a meeting held on this
day of , 200 I under
Agenda Item No.
9
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AGENDA REQUEST
Date: January 16. 2001
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PUBLIC
HEARING
RESOLUTIONS
ORDINANCE
CONSENT
OTHER
BUSINESS January 22.2001 CORRESPONDENCE
ITEM DESCRIPTION:
Indian River Elementary requesting permission to use Whistle Stop Park as their primary evacuation
location and the YMCA as a secondary location in case of an emergency.
BACKGROUND:
Attached letter of request.
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STAFF RECOMMENDATION:
Approval of requested evacuation locations.
ACTION REOUESTED:
Motion to approve Whistle Stop Park and the YMCA as emergency evacuation locations for the
students at Indian River Elementary.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
Respectfully submitted,
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Kenneth R. Hooper
City Manager
2000-006
Rev. 2/14/00
E:\agendareq uests\evaclocations
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~)AN-12-01 FRI 1 :03 PM INDIAN RIVER ELEMENTARY
FAX NO. 1 904 426 7354
P. 2
INDIAN RIVER ELEMENTARY
650 ROBERTS ROAD EDGEWATER, FLORIDA 32141
904/426.7350
Fax 904/426-7354
MARIE E. STRATTON, Principal
RECE"'nJ~r\
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JAN 1 2 2001
!CAn ~~.(7,~~).
January 12,2001
Dear Mr. Hooper,
We are in the process of completing our security procedures manual at Indian River
Elementary. On Wednesday, January 10th, I spoke to you about using Whistle Stop Park
as OUT initial evacuation location in case ofan emergency. If the situation warrants, we
would like to transport students from the park to the YMCA by school bus. I am
requesting an officiallener granting us permission to use these locations in the event o[
an emergency. Thank you for helping us ensure the safety of the children in our
community.
Sincerely,
~;LC.j~
Marie E. Stratton
Principal
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STREET LIGHT PROGRAM
Request received from resident of Unity Tree Drive asking to have street light installed. Normal
policy is to add street lights and City pays cost of power. This is a new service area and will cost
approximately $1,000 per pole.
Need City Council direction for policy of new service areas and how cost is allocated.
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F :\noteS\slreell i gh t program
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FRANCISCO GONZALEZ
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'i' HOONER DRIVE
ATER. FLORIDA 32141
Telephone 904-424-9117
July 30, 2000
Miss Judith R. Lichter
City Council - District 4
P.O. Box 100
Edgewater, Fl. 32132-0100
Reference: Dry Type Detention Pond - west of Schooner Avenue - Edgewater Landing
Dear Miss Lichter:
The day of the Edgewater Landing Board of Director's meeting, held July 6, 2000, I
talked to you about the unpleasant ~onditions of the dry type detention pond mentioned
on the above reference. I am writing this letter as you suggested.
On February 1996 the City Code Enforcement Board approved a resolution finding
Radnor in compliance and released them from any further action. It took me
approximately two years (1996-1998) to convince the city engineer & SJRWD Engineer
that the improvements made by Radnor Development Corporation did not abate the
pollution problem at reference pond.
Radnor Corporation decided to modify the pond after a meeting held on April 22, 1998
between Edgewater Landing Board of Directors and Radnor representatives (Bill Dean &
Marty Berge) with the participation of Gary Cook (SJRWMD Engineer).
At the beginning of the pond modification construction, I noticed that the contractor was
not doing same in accordance to the requirements of a filtration basin. 1 reported this
situation to the following persons: The inspector representing the Board of Directors,
contractor, designer and SJRWD. I also had a meeting at the site with Brenda, City
Public Works Superintendent. There was not a positive action from any of these people.
When the conditions at the pond got worst I decided to have a meeting with the City
Manager, Ken Hopper. He informed me that nothing could be done as he did not have
the maintenance written stipulation from SJRWD. This stipulation should have been
included with the permit. The situation is such that there are areas where the grass is
about six (6) feet high and there is no maintenance of the basin nor the inlet and outlet
structures.
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I understand that the City has certain responsibility to solve this problem for the
following reasons:
First: The modification's drawing and / or construction violates Edgewater City Code.
Please refer to Section 9.5 - 57 General Requirements of the Flood Control &
Drainage Chapter. See sub sections 7, 1 3 & 15. .
Second:l know that the pond must be maintained by the owner, but if there is not a
maintenance stipulation, the City must request same from SJR WD. Apparently
the Water Management District has no interest on the correction of the problem.
Attached you will find two letters which I sent to them about this subject.
Thank you for your attention to this matter and feel free to contact me if you have any
question. 1 suggest a visit to the site for a better understanding of the situation.
Very truly yours,
Francisco (Frank) Gonzalez
Enclosures:
1. Copy of my letters to SJRWD, dated March 10 & May 1st, 2000.
2. Copy of a letter sent to Lynn Plaskett by Mark Dowst - PE.
3. Copy of pages 754, 760, 761 & 762 of Edge water Code.
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FRANCISCO (FRANK) GONZALEZ - PE
202 Schooner Ave. Edgewater Landing
Edgewater, FL 32141
Mr. David Dewey - Assistant Director
SJRWMD - Orlando
618 E. South St.
Orlando, FL 3280 I
March 10, 2000
Re: Edgewater Landing - Permit No. 4-127-0107
(Commercial An~~a Detention Pond)
Dear Mr. Dewey,
I refer to Mr. Cook's letter, copy attached, ofGct. 20, 1998 in relation to above subject.
In that letter Mr. Cook informed the C011sulting Engineering, Mark Dowst, to notify him of the
completion of the project so that he may incorporate the changes into your file of record. Please,
send me a copy of Mr. Dowst's notification:
There is a lack of maintenance at above mentioned dry type detention pond. I had a
meeting with the City Manager, Ken Hooper, in relation to this unpleasant c.ondition. Mr.
I-looper informed me that he could not do much as the City didn't approve the pond
modification. Also, he said that the Water Management District should have included with the
permit, the maintenance that this pond requires.
I will be happy to havea meeting ASAP at the site with your representative to discuss the
maintenance that should be given to correct the health hazard as well as the nuisance condition;
and to determine if this modification was built according to the construction plan.
If there is any question about this subject, please feel free to call me at (904) 424-9117.
Truly Yours,
Francisco Gonzalez, PE
202 Schooner Ave.
Edgewater, FL 32141
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