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06-03-1996 Voting Order Councilman Mitchum Mayor Hayman Councilman Hatfield Councilwoman Martin Councilman Hays AGENDA CITY COUNCIL OF EDGEWATER JUNE 3, 1996 7:00 p.m. COMMUNITY CENTER 1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE 2. APPROVAL OF MINUTES A. Regular meeting of May 20, 1996 3. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (Other than public hearings) 4. CITY COUNCIL REPORTS 5. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Res. 96 -R -17 Requesting St. Johns River Water Management to reduce permit application fees B. Res. 96 -R -18 Authorizing signing of a CDBG Cooperation Agreement with Volusia County 6. CONSENT AGENDA A. FDLE User Agreement for FCIC 7. OTHER BUSINESS A. Police Department recommending the acceptance of the COPS FAST grant in the amount of $162,180.00 B. Utilities Director request from OPM -USA Inc. to place 400' tower on City property (Water Plant Site) for annual lease payment C. Parks & Recreation Department request Interlocal Agreement for joint use of Indian River Elementary School facilities D. Request for Special Activity fund raising event for First Pentecostal Church to sell fireworks at 1838 South Ridgewood Ave. E. Appointment to the Economic Development Board due to the resignation of Dr. Charles Gebelein F. Discussion of Volusia County response - Wastewater Treatment Plant /Edgewater 8. GENERAL CITIZEN COMMENTS /CORRESPONDENCE 9. OFFICER REPORTS 10. ADJOURN. NOTE: All items for inclusion on the June 17, 1996, agenda must be received by the City Manager's office no later than 4:30 p.m. Monday, June 10, 1996. 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. f4- AGENDA REQUEST DATE: May 22, 1996 OTHER Nine CONSENT BUSINESS PUBLIC HEARING, ORD., RESOLUTION 6/3/96 ITEM DESCRIPTION /SUBJECT: Res. 96 -R -17 Requesting St. Johns River Water Management District to reduce permit application fees. BACKGROUND: City Engineer Kyle Fegley's attached May 20, 1996, memo explains the expiration of permits issued by SJRWMD and the $2,500 cost involved to extend the permit. Res. 96 -R -17 requests SJRWMD reduce the $2,500 fee to $100 RECOMMENDATION /CONCLUSION: Consider adoption of Resolution 96 -R -17 requesting St. Johns River `law Water Management District to reduce the permit extension fee. FUNDS AVAILABLE: ACCOUNT NUMBER: (SPECIFY IF BUDGET AMENDMENT IS REQUIRED): Previous Agenda Item: YES NO X Date: Agenda Item No. Respectfully submitted, j 12-7, . GeorE. McMahon City Manager sue • To: Mr. George McMahon, City Manager From: Kyle W. Fegley, City Engineer MEMORANDUM Subject: SJRWMD Resolution Florida Shores Roadway and Drainage Improvement MAY 2 (j j Project Date: May 20, 1996 This memorandum supplements the SJRWMD resolution to be presented to City Council the first meeting in June. The Florida Shores Roadway and Drainage Improvement Project has two (2) separate permits issued by SJRWMD on November 12, 199 I , which both expire November 12, 1996. The Management and Storage of Surface Waters (MSSW) permit allows the City to construct the retention ponds and the Wetland Resource Management (Dredge and Fill) permit allows the City to excavate in waters of the State to replace culvert pipes. As the stormwater activities within the Florida Shores project will not be completed by November 12, it is necessary to extend the duration of at least one permit to accommodate the needed construction time. Now 1 have stressed the need for the Contractor to prioritize canal expansions and culvert crossing activities, thus I believe this work will be completed by November 12 eliminating the need to extend the dredge and fill permit. Obviously the pond construction will not be finalized by November 12, therefore mandating the City extend the MSSW permit. SJRWMD fee to extend a grandfathered MSSW permit is $2,500, which simply entails issuing a one page extension document as no new plans or engineering calculations need to be reviewed or approved. The resolution I am requesting provides SJRWMD the documentation and formal authorization needed to enact Chapter 94 -278, Laws of Florida, allowing the City a reduction of the permit processing fee. I believe the City can prove fiscal hardship by showing Edgewater's per capita taxable value is less than the statewide average for the current fiscal year. By doing so the permit extension fee is reduced from $2,500 to $100. "goo KWF:rsm • RESOLUTION NO. 96 -R -17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY `"'r'" OF EDGEWATER, FLORIDA, REQUESTING THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT TO REDUCE PERMIT APPLICATION FEES; REPEALING RESOLUTIONS IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the 1994 Legislature enacted Chapter 94 -278, Laws of Florida, allowing reduction of permit processing fees for municipalities with a population of 25,000 or less, counties with a population of 50,000 or less, or any county or municipality not included within a metropolitan statistical area, upon certification by that municipality or county that the cost of the permit processing fee is a fiscal hardship; and ,,, WHEREAS, the City of Edgewater is a Florida municipal corporation and does hereby certify that it is a municipality with a population of 25,000 persons or less; and WHEREAS, the City of Edgewater further certifies that it qualifies for permit processing fee reduction for the Fiscal Year October 1, 1995, through September 30, 1996, due to the following factor: Per capita taxable value is less than the statewide average for the current fiscal year; and WHEREAS, this factor is supported by the attached document from the State of Florida Department of Revenue dated January 8, Now 1996. NOW THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater, Florida: Section 1. The City of Edgewater does hereby request that the St. Johns River Water Management District reduce the permit application fee for public purpose projects for which Edgewater is a permit applicant to a fee of $100 per permit, or if the current permit application fee is less than $100 by 50 percent, for the fiscal year beginning October 1, 1995, and ending September 30, 1996. Now 96 -R -17 1 Section 2. All resolutions or parts of resolution in conflict herewith be and the same are hereby repealed. Section 3. This resolut`_on shall take effect upon adoption. After.motion by and second by the vote on this resolution was as follow;: Mayor Jack Hayman, Sr. XXX Councilman Danny Hatfield XXX Counc_lwoman Louise A. Martin XXX Councilman Mike Hays XXX Councilman David L. Mitchum XXX 'to' PASSED AND DULY ADOPTED this day of 1996. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA B Susan J. Wadsworth Jack H. Hayman, Sr. City Clerk Mayor APPROVED FOR FORM AND CORRECTNESS: *or Krista A. Storey City Attorney 96 -R -17 2 Now • • • low • • • • j 08 ' 96 MON 11: 01, I D: TEL N0: #270 P01 • � STATE OF FLORIDA • P': - ." DEPARTMENT OF REVENUE . Pax 1.c i.... - TALLAHASSEE, FLORIDA 32399 -0100 „r, ,,:.„40 ,0 ^ w.„4 ` General Tax Administratiott Child Support Enforcement L. H. Fuchs Property Tax Administration Executivo Director Administrative Services January 8, 1996 Noy MEMORANDUfrI TO: Ferdinand Munoz City of Edgewater FROM: • Letecia Mar ft`_ Taxpayer Specialist • SUBJECT; Fee Reduction - FL Law 94.278 As per our telephone conversation I am faxing tht se numbers related to Florida Law 94-278 (S)3 1780). (1) Per capita taxable value is less than the statewi ie average for the current fiscal year. Statewide Taxable Value: 537,066,285,544 Statewide Population: 13,878,905 Average: $38,697 City of Edgewater Taxable Value: 367,271,813 City of Edgewater Beach Population; 17,096 Average: $21,483 Source: Preliminary Ad Valorem Tax Data Book 1995 (12/95) filorida Estimates of Population, U c tf F, Feb., 1995 low • /lm Poet -It' Fax Nola 7671 Date NV" a eaa► / To t ' Pram ! � ta �n� Al I/4 a L L. cc r a1 • Co./Depl • Co. • Phone ✓1 Phone M / (/ Y. a gV33 Fa" (7i 7 _T _ -_ . - 7Y o7 Fax # 4. ' • NOW, THEREFORE, BE IT RESOLVED, that Edgewater El County n mtmirina1ity (Ines hereby renuest that the St. Johns River Water Mana District • Edgewater, Florida El COUNTY ©MI..T'IC'IPAI_I "I'Y rJo RESOLUTION NO. C U 4 • REQUEST TO THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT TO REDUCE PERMIT APPLICATION FEES WHEREAS, the 1994 Legislature enacted Chapter 94 -278, Laws of Florida, . allowing reduction of permit processing fees for municipalities with a population of 25,000 or less, counties with a population of 50,000 or less, or any county or municipality not included within a metropolitan statistical area, upon certification by that municipality or county that the cost of the permit processing fee is a fiscal hardship; and • WHEREAS, Edgewater ❑ County Q Municipality certifies that . i t: ® is a municipality with a population of 25,000 persons or less; or ❑ is a county with a population of 50,000 persons or Less; or • ❑ is not included within a metropolitan statistical area; and WHEREAS, Edgewater ❑ County ® Municipality further certifies that it qualifies for permit processing fee reduction for the Fiscal Year October 1, 199 S, through vow • September 30, 199 6, due to one or more of the following factor(s): ® Per capita taxable value is less than the statewide average for the current fiscal • year; or ❑ Percentage of assessed property value that is exempt from ad valorem taxation is higher than the statewide average for the current fiscal year; or • ❑ Any condition specified in section 218.503, Florida Statutes, that determines a state of financial emergency; or ❑ Ad valorem operating millage rate for the current fiscal year is greater than -2 mills; or ❑ A financial condition that is documented in annual financial statements at the • end of the current fiscal year and indicates an inability to pay the permit processing Fee during that fiscal year. low WHEREAS, these factors are supported by the attached documents; • District Form No. 40C-I.900(1) 1 REGfiles: 4195 Ca AGENDA REQUEST Date: May 28, 1996 err PUBLIC HEARINGS, ORDINANCES, AND RESOLUTIONS June 3, 1996 CONSENT AGENDA OTHER BUSINESS ITEM DESCRIPTION /SUBJECT: Resolution 96 -R -18 Authorizing Signing of a CDBG Cooperation Agreement with Volusia County BACKGROUND: Every three years the City enters into an agreement with Volusia County to participate in its Community Development Block Grant program. The County then uses the City's population to help it qualify as an Urban County which is entitled to receive funds on a noncompetitive basis. In return the City receives a portion of the County's block grant. �...r Attached is the proposed agreement for Fiscal Years 1997 thru 1999. Also attached is a resolution which authorizes the Mayor and Manager to sign the agreement. In the agreement the City is giving up very little. Edgewater is not large to qualify on its own for an entitlement grant. If we did not cooperate with the County, we could apply for grants under the Small Cities or State CDBG Program which are highly competitive. The agreement guarantees the City's input into the project decision making process, but ultimate responsibility for project selection and compliance with federal regulations rests with the County. RECOMMENDATION /CONCLUSION: Staff recommends that the City Council consider approving Resolution 96 -R -18 authorizing the Mayor to sign the CDBG cooperation agreement with Volusia County. FINANCIAL IMPACT: Not Applicable 'rr FUNDS AVAILABLE: Account Number: Not Applicable (Specify If Budget Amendment Is Required) PRESENTED BY: Mark P. Karet, Director of Community Development PREVIOUS AGENDA ITEM: YES NO XX Date: Agenda Item No. ..,. Respectfully submitted: Concurrence: /0 7( / 7rtz 7rte Mark P. Karet George cMahon Director of Community Development City Manager Krist: A. Storey City Attorney +., c:\wpwin\mpk\coop.req Y.r • COOPERATION AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT THIS AGREEMENT, entered into this day of , 19, by and between the City or Town of Edgewater (herein called law the "City ") and County of Volusia (herein called the "County "), WITNESSETH: WHEREAS, the Housing and Community Development Act of 1974 makes provisions whereby urban counties may enter into cooperation agreements with certain units of local government to undertake or assist in undertaking essential activities pursuant to Community Development Block Grants; and WHEREAS, the County receives Community Development Block Grant Entitlement Program and HOME Investment Partnership funds, as a member of the Volusia/Seminole HOME Consortium; and WHEREAS, the cooperation of the City or Town and the County is essential for the successful planning and carrying out of local Community Development and HOME Programs; and NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. The City hereby authorizes the County to include its population in the County's Community Development Block Grant and HOME application to the U. S. Department of Housing and Urban Development for Federal Fiscal Years 1997, 1998 and 1999 appropriations. Further, the City and the County understand that: a. this agreement will automatically renew for participation in successive three (3) year qualification periods, unless the County or City provides written notice it elects not to participate in the new qualification period; and b. the County will notify the City by the date specified in HUD's urban county qualification notice for the next qualification period of its right not to participate; and 0596 -023.t 5/96 i• c. amendments to this agreement, by either party, incorporating changes necessary to meet the requirements for urban county qualification for a subsequent three (3) year qualification period, must be duly executed by both parties. The County will submit such amendment to HUD and that such failure to comply will void the automatic renewal of such qualification period. Itimy 2. This agreement shall remain in effect until Community Development Block Grant and HOME funds and income received with respect to the three (3) year qualification period (and any successive qualification periods) are expended and the funded activities are completed. The County and City may not terminate or withdraw from this agreement while the agreement remains in effect. 3. Pursuant to the use of the Community Development Block Grant and HOME funds, if any, to be received by the County, the County may carry out HOME and Community Development programs in accordance with the approved Consolidated Plan, and /or meet other requirements of the Community Development Block Grant and HOME Programs in addition to other applicable laws. '` 4. The City agrees to allow the County to perform those certain community development and housing assistance activities authorized by and specified in the Housing and Community Development Act of 1974 and HOME Investment Partnership Act as Federal funds are available to the County for that purpose within the territorial boundaries and limits of the City and agrees to cooperate with the County to the extent necessary under said Act to enable the County to perform those activities. Further, the City understands that it: a. may not apply for grants under the Small Cities or State CDBG Program for appropriations for fiscal years during the period in which it is participating in the Urban County's CDBG Program; and b. may not participate in a HOME Consortium except through the Urban County, regardless of whether the Urban County receives a HOME formula r allocation. 0596 -023.t 5/96 • Now 5. The City will cooperate with the County to the fullest extent practical in the planning and carrying out of Community Development programs, and the County will ensure that the City's citizens and its local Chief Executive have direct and frequent access to and influence on the process by which decisions are made concerning Community Development programs which either directly or indirectly affect the City. The City agrees that the County shall have final responsibility for selecting activities and Now annually submitting the Consolidated Plan to HUD. 6. The County shall, through the use of Community Development funds, provide the staff resources and other services necessary for planning and administering Community Development programs on behalf of the City. 7. The County is authorized to withhold a reasonable and customary portion of Community Development Block Grant funds for the purpose of planning and administration of Community Development programs. 8. Pursuant to 24 CFR 570.501(b) the City and agencies thereof are subject to the same requirements applicable to subrecipients, including the requirements of a written agreement set forth in 24 CFR 570.503, if funds are to be disbursed to the City for its Now use in carrying out activities authorized by and specified in the Housing and Community Development Act of 1974. 9. The parties do hereby mutually assure compliance with the Urban County's certification required by section 104(b) of Title I. of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws. 10. The City and the County agree that the affirmative furtherance of fair housing within their respective jurisdictions and the County's compliance with its fair housing certification, are absolute prerequisites to the receipt Urban County CDBG funding for activities in or in support of the City. Urban County funding will not be provided for activities, in or in support of, the City that does not affirmatively further fair N ow housing within its jurisdiction, or that impedes the County's actions to comply with its fair housing certification. 0596 -023.t 5/96 'tow 11. Neither City nor County may terminate this Agreement prior to the end of the three (3) year funding period for which the County is seeking qualification as an Urban County, and shall extend over such period of time as may be necessary to cover all activities from project implementation to the final "close -out" audit. 12. The City has adopted and is enforcing a Policy: Igaly a. prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non - violent civil rights demonstrations; and b. enforcing applicable State and local laws against physically barring entrance to or exist from a facility or location which is the subject of such non - violent civil rights demonstrations within jurisdictions. 13. The City shall not obstruct the implementation of the Consolidated Plan during the period covered by this agreement. The County shall have final responsibility for selecting Community Development Block Grant and HOME activities, and annually submitting the Consolidated Plan with HUD. Now 14. The County and City or Town agree to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publicly- assisted housing. 15. This Agreement is authorized by the County Council and the City or Town of Edgewater and each body authorizes its Chief Executive Officer to execute it. This agreement constitutes the complete and entire agreement between the parties which supersedes all proposals, oral or written, and all other communication between the parties related to the subject matter of this agreement. 0596 -023.t 5/96 • Now IN WITNESS WHEREOF, the City and the County have executed this Agreement as of the date first written above. CITY OR TOWN COUNCIL VOLUSIA COUNTY COUNCIL New CHAIRPERSON CHAIRPERSON ATTEST: ATTEST: CITY MANAGER OR CLERK COUNTY MANAGER The terms and provisions of this Agreement are fully authorized under State and Local taw law and provide full legal authority for the County to undertake or assist in undertaking essential community development and housing assistance activities, specifically urban renew and publicly- assisted housing. COUNTY ATTORNEY err 0596 -023.t 5/96 RESOLUTION NO. 96 -R -18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE COUNTY OF VOLUSIA, FLORIDA TO ENTER INTO A Now COOPERATION AGREEMENT WITH THE COUNTY OF VOLUSIA TO UNDERTAKE OR ASSIST IN UNDERTAKING ESSENTIAL ACTIVITIES PURSUANT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAMS; REPEALING RESOLUTIONS IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: WHEREAS, it is the desire of the City of Edgewater, Florida, that the County of Volusia obtain Community Development Block Grant and HOME funds to carry out community development and housing assistance activities; WHEREAS, the Housing and Community Development Act of 1974 '44161' makes provision whereby urban counties may enter into Cooperation Agreements with certain units of local government to undertake or assist in undertaking essential activities pursuant to Community Development Block Grants; and WHEREAS, the County will undertake essential community development activities in coordination with participating local governments. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater, Florida: Section 1. That the City of Edgewater does hereby agree to N cooperate with the County of Volusia to undertake or assist in the undertaking of essential activities pursuant to the Community Development Block Grant and HOME Programs. Section 2. The Mayor and the City Manager of the City of Edgewater is hereby authorized to enter into the Cooperation Agreement with the County of Volusia on behalf of the City. Section 3. All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Section 4. This resolution shall take upon adoption. After Motion by and Second by the vote on this resolution was as follows: 96 -R -18 1 Mayor Jack H. Hayman, Sr. XXX Councilman Danny K. Hatfield XXX Councilwoman Louise A. Martin XXX Councilman Mike Hays XXX Councilman David L. Mitchum XXX PASSED AND DULY ADOPTED this of , 1996. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Susan J. Wadsworth Jack H. Hayman, Sr. 4161. City Clerk Mayor APPROVED FOR FORM AND CORRECTNESS: Krista A. Storey City Attorney Now 96 -R -18 2 1. t _ 1 C oun ty o f 'V r l91 D '_ rj � F °< COMMUNITY SERVICES DEPARTMENT " Op VOLUS� 123 WEST INDIANA AVENUE • DELAND, FLORIDA 32720 -4611 `•ire TELEPHONE (904) 736 -5955 May 15, 1996 PLANNING AND HAY j/ 4 MONITORING DIVISION InQ 123 W. Indiana Ave. k DeLand, FL 32720-4611 r HOUSING DIVISION ice 123W.IndianaAve. Mr. George McMahon, City Manager DeLand, FL 32720-4611 City of Edgewater SECTION B P. O. Box 100 123 W. Indiana Ave. DeLand, FL 32720-4610 Edgewater, FL 32132 -0100 HUMAN SERVICES DIVISION 123 W. Indiana Ave. Dear Mr. McMahon: DeLand, FL 32720-4610 HEAD START Subject: Cooperation Agreement Revision 250 N. Beach St. Daytona Beach, FL 32114 Volusia County sent correspondence to your City regarding Urban County Qualification under HUD's CDBG Program for Fiscal Years 1997, 1998 and 1999. The letter dated May 9, 1996, also contained a Cooperation Agreement for your signature. As a result of HUD's review of the subject agreement, we were requested to revise two sections to better reflect HUD's requirements for such agreements. The sections that were revised include items "1.c. ", "2." and "10." Therefore, we are enclosing a revised Cooperation Agreement for your review and processing. We are sorry for this inconvenience. The signed agreement and resolution are needed by May 31, 1996. Your assistance in expediting this request in the specified time is greatly appreciated. Should you have any questions or difficulties please call me immediately. Sin' - ly t!' `ter Gerald •. ' Fester, Manager Planning & Monitoring Encl. cc: C. Weaver, Director, Public Services Center R. Williams, Director, Community Services ,OLusy it tfCYCLI Pnnbd On Rscycbd Paper Mr. George McMahon, City Manager City of Edgewater May 9, 1996 Page 2 from the urban county, it must notify both the County and HUD, in writing, of its election to be excluded by May 31, 1996. 4. That if a participating or a non - participating city /town chooses to be INCLUDED in the urban county, it must notify both the County and HUD, in writing, of its election to be included by May 31, 1996. If cities /towns elect to be INCLUDED in the urban county, the County of Volusia may not undertake essential community development and housing assistance activities in its participating cities /towns without consent of the governing body of each locality. The consent required is the execution of a Cooperation Agreement between the county and each participating city /town. Enclosed is a Cooperation Agreement and Resolution to be executed by the cities /towns Chief Executive Officer. These documents and the ones mentioned in items #3 and #4 should be returned to the Community. Services Group by May 31, 1996. .. It should be noted that the Cooperation Agreement covers FY 1997, 1998 and 1999, as well as, a provision for automatic renewal for the next successive three year qualification period. The automatic renewal option will eliminate the requirement to resign Cooperation Agreements at the conclusion of a three year period. The County still must notify all cities /towns of their rights to be INCLUDED or EXCLUDED at the beginning of every qualification period. Your assistance in expediting this request in the specified time is greatly appreciated. Should you have any questions or difficulties in completing our request please call me immediately. I Sincerely, -rald O. Chester, Manager 1Planning & Monitoring 'tow Encl. cc: C. Weaver, Director, Public Services Center R. Williams, Director, Community Services 0596 -022.t J • Nj V C p U � . c o i a •County ous o ' - - c ' .: '... P VOLUS\P.•'. COMMUNITY SERVICES Now o 123 WEST INDIANA AVENUE • DELAND, FLORIDA 32 72 0 -461 1 TELEPHONE (904) 736 5955 May 9, 1996 PLANNING AND l�J� MONITORING , 123 W. Indiana Ave. 1996. DeLand, FL 32720 461 1 ,. HOUSING ■ ' 123 W Indiana Ave. Mr. George McMahon, City Manager DeLand, FL 32720-4611 City of Edgewater SECTION 8 P. O. Box 100 123 W. Indiana Ave. DeLand, FL 32720 -4610 Edgewater, FL 32132 -0100 HUMAN SERVICES 123 W. Indiana Ave. Dear Mr. McMahon DeLand, FL 32720 -4610 HEAD START 250 N. Beach St. Subject: Urban County Qualification for Participation in the Community Daytona Beach, FL 32114 Development Block Grant (CDBG) Program for Fiscal Years (FY) CHILDREN'S SERVICES 1997, 1998 and 1999, Volusia County, Florida 123 W. Indiana Ave. DeLand, FL 32720 -4611 Volusia County is required to qualify as an Urban County under HUD's CDBG w Program for Fiscal Years 1997, 1998, and 1999. The County's annual CDBG entitlement grant amount for this period is based partially on the combined population of the County's unincorporated area and the population of the Cities/Towns who have signed a Cooperation Agreement to participate in the Urban County Program. The participating population does not include the population of any City/Town that has not signed a Cooperation Agreement. The official HUD Notice requires the County of Volusia to notify each participating city /town in the County's CDBG program of its right to elect to have its population EXCLUDED from the urban county and the option to invite eligible non - participating cities /towns the opportunity to have their population INCLUDED with the unincorporated County population in determining urban county status. The notice further explains: 1. That if a participating city /town chooses to remain with the urban county, it is ineligible to apply for grants under the Small Cities or State CDBG programs while it is part of the urban county; lift, _ 2. That if a participating city /town chooses to remain with the urban county, it is also a participant in the HOME program if the urban county receives HOME funding and may only participate in the HOME program through the urban county; 3. That if a participating or a non - participating city /town chooses to be EXCLUDED `1 lkf Primed On Recycled Piper 6 AGENDA REQUEST C.A. NO.: 96 -76 Date: May 28, 1996 *41 "'` PUBLIC HEARING RESOLUTION ORDINANCE OTHER CONSENT 06/03/96 BUSINESS CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: FDLE User Agreement for FCIC BACKGROUND: Attached is a proposed User Agreement with the Florida Department of Law Enforcement (FDLE) regarding the use by the Police Department of the Florida Crime Information Center (FCIC). RECOMMENDATION /CONCLUSION: The User Agreement has been reviewed by the City Attorney and approved l,,, as to form and correctness subject to confirmation of certain apparent typographical errors. Upon clarification of those items, Staff recommends that the Council consider approval of the User Agreement. FUNDS AVAILABLE: (ACCOUNT NUMBER) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO XX DATE: AGENDA ITEM NO. Respectfully submitted, Concurrence: k44 V Kris a A. Storey George E McMahon Marta City Attorney City g er KAS Now Attachment USER AGREEMENT '''' This agreement, entered into between the Florida Department of Law Enforcement (hereinafter referred to as FDLE), an agency of the state of Florida with headquarters at 2331 Phillips Road, Tallahassee, Florida and the with headquarters at , (hereinafter referred to as the User), witnesseth that: This User agreement is designed for use with all Florida criminal justice agencies. If your agency does not perform a specific function, the provisions regarding that function will not apply to your agency. 1) FDLE is an agency of the state of Florida authorized by law to establish and operate the Florida Crime Information Center (hereinafter FCIC), and to participate in similar multistate and federal systems for the exchange of information relating to crimes, criminals and criminal activity. 2) Information obtained from the FCIC files, or obtained through computer interfaces to other state or federal systems, by means of access granted pursuant to Section "law 943.0525, F.S., can only be used for criminal justice purposes. The information available in this way through the services of FCIC is restricted to law enforcement and other criminal justice agencies for official use only. Information retrieved from the FCIC by direct access is not to be made available under provisions of the public records law (Chapter 119 F.S.). Compliance with Chapter 119, F.S., is accomplished by directing record requests to FDLE per Chapter 11C-6, F.A.C., and section 943.053(3), F.S. It is the responsibility of the authorized agency to insure that access to the FCIC /NCIC network is for authorized criminal justice purposes only, and to regulate proper use of the network and information at all times. 3) FDLE participates in the National Crime Information Center (hereinafter NCIC) of the United States Department of Justice and in the National Law Enforcement Telecommunication System (hereinafter NLETS), serving as Florida's control agency for the interstate transmission of criminal justice information to and from agencies in Florida and agencies in the continental United States, Alaska, Hawaii, Canada and Puerto Rico. N, 4) The User requires access to intrastate and interstate criminal justice information systems in order to effectively discharge its public duties. 5) As this agreement applies to networked workstation software and exchange of criminal history information, FDLE is willing to allow local law enforcement and other criminal justice agencies wishing to participate in the FCIC telecommunications system to do so, provided that the User agrees that applicable federal and state laws, as long 1 f other than network costs, will be the User's responsibility. FCIC will execute trouble shooting procedures. 7) To maintain records of certified workstation operators and require employee attendance at training classes provided. User agrees to remove from FCIC access any 1411••• who fails to achieve required certification standards. 8) To operate the workstation during its regular working hours. User agencies that do not maintain a 24 -hour, seven day a week operation will not be allowed to make entries into the FCIC /NCIC wanted files. 9) To provide assistance to other law enforcement or criminal justice agencies not equipped with an FCIC workstation in keeping with FDLE /FCIC standards, but only to the extent that such assistance is not otherwise prohibited. 10) To send only law enforcement and other criminal justice messages over and through the FCIC network. All messages will be treated as privileged unless otherwise indicated. However, information classified under pertinent federal laws and instructions will not be transmitted. 11) To operate the workstation and otherwise conduct itself in strict compliance with �.r applicable FCIC, NCIC and NLETS policies including, but not limited to, policies, practices and procedures relating to: _. 4. A) Confirmation and entry of information for conversion. B) Validation and certification. C) Daily accounting for positive responses to inquiries. D) Cancellation of entries. E) Interagency notification and confirmation of positive responses to inquiries. F) Prudent use of statewide regional transmissions. G) Use of plain text in message traffic. All policies, procedures and operating instructions presently contained in current NCIC and NLETS documents and the FCIC Operating Manual and technical memoranda, published by FDLE, and hereby incorporated into and made a part of this agreement, except to the extent that they are inconsistent herewith or legally superseded by higher authority. 12) Take necessary measures to make the workstation secure and prevent any * "'r" ` unauthorized use. Federal regulation 28 C.F.R. Section 20.21(f) demands that the User accept and have authority to execute, monitor, and enforce security policy without interference (Le., be delegated management control over the terminal and departmental employees having access to it). FDLE /FCIC reserves the right to object to equipment (workstation) location, security measures, qualifications and number of personnel who will be accessing FCIC and to suspend or withhold service until such matters are 3 corrected to its reasonable satisfaction. FDLE/FCIC further reserves the right to conduct inspections concerning the proper use and security of the workstation facility. Such inspections may be accompanied by personnel of the User. 13) User understands that the FDLE /FCIC, its officers, and employees shall not be liable in any claim, demand, action, suit, or proceeding, including, but not limited to, any suit in law or in equity, for damages by reason of, or arising out of, any false arrest or imprisonment or for any loss, cost, expense or damages resulting from or arising out of the acts, omissions, or detrimental reliance of the personnel of the User in entering, removing, or relying upon information in the FCIC /NCIC /NLETS information systems. SECTION Ii WORKSTATION SOFTWARE LICENSE The FCIC II Workstation Software program is licensed to FDLE by Datamaxx Applied Technologies, Inc., for use only under the terms set forth herein. By installing the software package and /or by using the software, the User agrees to be bound by the terms of this license as set forth in this Agreement. Now 1) The FCIC II Workstation Software License permits the User to use one copy of the specified version of the FCIC II Workstation Software product, which may include User documentation provided in "on -line" or electronic form ( "SOFTWARE "). The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer or by more than one User at any time. If the User • has received written permission from FDLE for multiple copies of the SOFTWARE, then at anytime the User may have as many copies of the SOFTWARE in use as specified in such written permission. The SOFTWARE is "in use" on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD -ROM, or other storage device), of that computer. 2) FDLE agrees to provide updates to the FCIC II Workstation Software as necessary to support all functions of NCIC 2000, NLETS, and other related computerized systems interfaced to FCIC. When the SOFTWARE is an upgrade from an FDLE product, the User may use that upgraded product only in accordance with this Agreement. 3) The SOFTWARE (including any images, video, audio, and text incorporated into the SOFTWARE) is owned by Datamaxx Applied Technologies, Inc., and is protected Nary by the United States copyright laws and international treaty provisions. Therefore, the User must treat the SOFTWARE like any other copyrighted material, except that under the terms of FDLE's License, the User may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) transfer the SOFTWARE to a single hard disk provided the User keeps the original solely for backup or archival purposes. However, the User may copy the printed materials accompanying the 4 SOFTWARE and may print copies of any User documentation provided in "on -line" or electronic form, upon the condition that such copies will be used for criminal justice purposes only. 4) The Agreement is proof of authorization to exercise the rights granted herein and Nosy must be retained. The User may not reverse engineer, decompile, or disassemble the SOFTWARE, except to the extent the foregoing restriction is expressly prohibited by applicable law. The User agrees that FCIC II Workstation Software will run at the highest and foremost priority of any application that is supported by the FCIC workstation. In any situation in which the User experiences problems relating to FCIC access that appear to be related to the fact that other applications beside FCIC are running on the workstation, the User agrees to abort these applications and remove them from the FCIC workstation until such time that the FCIC II Workstation Software can be reloaded and the FCIC application restored to full service. In this situation the User agrees to not reload these applications onto the workstation until there has been a review done of the application requirements, and certification obtained that sufficient resources are available in the workstation to appropriately run these programs without interference with or impairment of the FCIC application. The User also agrees to run a virus checking program on the personal computers Now where the Workstation Software is loaded. 5) To the maximum extent permitted by law, User agrees that FDLE shall not be liable for any damages whatsoever arising out of or related to the use or inability to use this Workstation Software product, even if FDLE has been advised of the possibility of such damages. This Agreement does not constitute a waiver of any defense or immunity lawfully available to FDLE. SECTION 111 EXCHANGE OF CRIMINAL HISTORY RECORD INFORMATION FDLE is an agency of the State of Florida, established by law (Section 20.201 and Chapter 943, F.S.) and invested with power and authority to establish intrastate Nor systems of fingerprint analysis and identification (Subsection 943.05(2), F.S.) and intrastate systems of communication of vital statistics and information relating to crimes, criminals and criminal activity (Subsection 943.05(2), F.S.); FDLE has received criminal justice information systems funding from the United States Department of Justice and is subject to and must, therefore, demand that the intrastate 5 • Users of its criminal history record services likewise adhere to federal regulations relating to the collection, handling and dissemination of state criminal history record information derived therefrom (Chapter 110, F.A.C.; 28 C.F.R. Subpart 20B); FDLE is authorized by law (Subsection 943.03(5), F.S. and Section 943.05, F.S.) to enter into agreements and become part of federal and intrastate systems for the collection and exchange of criminal history records and other information relating to crimes, criminals and criminal activity. FDLE is a participant in the National Crime Information Center (NCIC) of the Federal Bureau of Investigation, United States Department of Justice, and exchanges criminal • history record information with the Federal Bureau of Investigation pursuant to the above state statutes and subject to federal regulations (28 G.F.R. Subpart 20C) and laws (Title II, Sec. 201 of Public Law 92 -544, 86 Stat. 1115; 28 U.S.C. 534). As such, FDLE must enforce and demand that its User agencies comply with pertinent federal provisions relating to the collection, use, and dissemination of records and record information derived from the systems of the United States Department of Justice; User is a duly authorized law enforcement or criminal justice agency within the State of Florida and desires the services of FDLE in order to carry out functions associated with criminal justice administration, and FDLE is required and willing to provide such services so long as all applicable federal and state laws, rules and regulation are strictly ""ow' complied with; Now, therefore, in light of the foregoing representations and the promises, conditions, terms and other valuable considerations more fully set forth hereinafter or incorporated by reference and made a part hereof, the FDLE and User do mutually agree as follows: 1) FDLE AGREES TO: a) Act as the central state repository, providing identification, recordkeeping, and exchange of criminal history record information services; b) Provide User with such state criminal history records and information for criminal justice purposes as may be contained in its systems and legally available to the User; c) Act as an intermediary between User and the United States Department of Justice in securing, for the use and benefit of User, such federal and "4► multistate criminal history records or information as may be available to User under federal laws and regulations; d) Upon request, assist User in its staff orientation to the privacy and security requirements imposed by state and federal laws, rules and regulations; 6 e) Provide User with an Identification Manual setting out and explaining appropriate procedures for completing fingerprint cards, disposition reports and otherwise advising the User of services available; ',,. f) Provide state criminal history record check services for non - criminal justice purpose in accordance with provisions of Chapter 11C-6, F.A.C. 2) USER AGREES TO: a) Except as otherwise provided by rules of FDLE, provide for inclusion in criminal history records information systems, adult and juvenile criminal fingerprint cards on all felony arrests, adult criminal fingerprint impressions on all misdemeanors and comparable ordinance violation arrests, and juvenile fingerprint cards on misdemeanor arrests as specified at Section 943.051(3)(b), F.S.; b) Establish a mechanism for the collection and submission of disposition data on criminal arrests (pretrial dispositions, trials, sentencing, confinement, parole and probation) to FDLE for inclusion in the centralized criminal history ,, record information system in accordance with rules of the FDLE Rule 11C- 4.006, F.A.C.; .. c) Provide security for criminal history record information and systems in accordance with applicable laws, rules, and regulations and train personnel who receive, handle or have access to criminal history record information; d) Screen all personnel who will have direct access to criminal history record information and reject for employment (or take appropriate action with respect to) such personnel who have violated or appear unwilling or incapable of abiding by the security requirements established for the collection, storage, or dissemination of criminal history record information; e) Disseminate criminal history record information derived from federal records or systems only to criminal justice agencies and only for criminal justice purposes. Criminal justice purposes include criminal justice employment • screening. Agencies which interface between FDLE and other criminal No justice agencies must abide by all of the provisions of this agreement. Agencies which access FDLE systems by interfacing through other agencies must, likewise, abide by all provisions of this agreement; f) Except as provided for in paragraph j and I below, disseminate criminal history record information derived from state records or systems only to criminal justice agencies and only for criminal justice purposes. Otherwise, 7 the User will direct requests to FDLE whenever state criminal history record information is sought for purposes such as licensing, permitting, local ordinance registration, other than criminal justice employment and similar purposes; g) Query the Central State Repository (FCIC) prior to disseminating any criminal history record information to insure that the information is up -to -date. 1 Maintain a record of any dissemination of state or federal criminal history information. This record will reflect as a minimum: (1) date of release; (2) to whom the information relates; (3) to whom the information was released; (4) 'le State Identification (SID) and /or the FBI number(s); and (5) the purpose • fc, which the information was requested; i) Prov, 'e FDLE access to User's records of dissemination and assist in • condu.. `ing prescribed audits; j) Assist ind, !iduals and cooperate with FDLE regarding requests for personal review or cL ection of the individual's own criminal history record; if a minor, the assistant and cooperation should be provided to the parents or legal guardian of the minor; N k) Defer to FDLE cr any determination as to what purposes qualify for criminal justice versus nc criminal justice designation; : I) Pursuant to a signed interagency agreement authorizing the sharing of criminal history ir:formation as outlined in 39.045(5), F.S., the agency may share state criminal history record information with appropriate school personnel on an as- needed basis. Dissemination of information should be documented using established secondary dissemination procedures and should be in accordance with s. 943.0525, F.S.. Agencies must maintain confidentiality of such record information that is otherwise exempt from s. 119.07 (1), F.S., as provided by law. PENALTIES AND LIABILITIES Any non - compliance with the terms of this agreement concerning the use and Nov dissemination of criminal history information may subject the User's officers or employees to a fine not to exceed $10,000 as provided for in Department of Justice Regulations, 28 C.F.R. Section 20.25, and /or discontinuance of services as provided for by Department of Justice Regulations, 28 C.F.R. Section 20.38. Moreover, certain offenses against system security and the information contained therein are crimes under Chapter 815, F.S. 8 1 4 AGENDA REQUEST DATE: May 28,1996 NEW UNFINISHED ,, CONSENT BUSINESS xxxx BUSINESS PUBLIC HEARING RESOLUTION ORDINANCE ITEM DESCRIPTION /SUBJECT: The Edgewater Police Department has been selected to receive a COPS Universal Hiring Grant award for 2 full time and I part time officers at an estimated cost of $162,180.00. This is the amount of the federal funds to be awarded for a three year period. BACKGROUND: The grant is an extension of our COPS FAST grant that was used to hire a property and evidence person. The award of $162,1809.00 is to establish 2 full time and I part time community policing unit commencing on or about October 1996. RECOMMENDATION /CONCLUSION: Respectfully recommend the acceptance of the $162,180.00 grant. The total cost to the City over the life of the grant would be $42,200 and should provide adequate police officers for the next 3 -4 years, at which time the city would assume the total cost. FUNDS AVAILABLE: ACCOUNT NUMBER: NO (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PRESENTED BY: Chief Lawrence F. Schumaker Now PREVIOUS AGENDA ITEM: YES NO XX DATE: AGENDA ITEM NO: Respectfully submitted, l awieutte. c=i1 . 6J 61. Lawrence F. Schumaker Chief of Police Coo urrence: 9. George . McMahon City Manager low • U.S. Department of Justice Office of Community Oriented Policing Services (COPS) itow Office of the Director Washington, D.C. 20530 May 22, 1996 Chief Lawrence F Schumaker Edgewater Police Department 137 East Park Avenue P.O. Box 100 Edgewater, FL 32132 Dear Chief Schumaker: It is with great pleasure that I write to inform you that your Department will receive a COPS Universal Hiring grant award for 2 full -time officers and 1 part-time law officers at an estimated cost of $162,180.00. This is an estimated amount of federal funds to be awarded to your jurisdiction for a three year period. In order for the COPS Office to determine your actual award amount, you need to complete the enclosed budget worksheet. The budget worksheet requests updated information about the total salary and benefit costs you will incur for these new officer(s) throughout the three year grant period. This Universal Hiring grant award will be a supplement to your COPS FAST or COPS AHEAD grant award. Although the COPS Office has your original budget information submitted with your COPS FAST or COPS AHEAD application, in order to process your Universal Hiring grant award we need current salary and fringe benefit information. The enclosed budget worksheet will provide updated budget information so that we can finalize your Universal Hiring award. Please complete the enclosed budget worksheet and mail it back to the COPS Office by June 15, 1996. Once the COPS Office has received your completed budget worksheet, the Office of the Comptroller will review your budget. Upon completion of the budget process, we will send to you your Universal Hiring Award document, budget clearance memorandum, Grant Owner's Manual and the request for payment form so that you may begin to draw down funds. It is important that the budget information be returned in a timely manner so that we can mail your grant award information packet to you as soon as possible. • 4 If you requested a waiver of the 25% local match, such requests are currently under review. You will be notified whether a waiver has been granted at the time your Universal Hiring Award and budget clearance memorandum are sent to you. ``ft The COPS Office currently is operating under a restricted staffing ceiling imposed under the terms of the FY 1996 appropriation. Accordingly, we are encountering significant delays in the processing time for grant awards and budget clearances. As a result, it may be three months or more before you receive your grant award and are able to draw down funds. If these circumstances present particular problems or hardships in your case, please let your grant advisor know so that we may address your concerns to the extent we are able to. We regret these delays and are doing everything within our power to speed the final processing of your grant. We are pleased that your Department has elected to participate in the Universal Hiring program and look forward to working with you in a productive partnership to further your community policing efforts. Should you have any questions, please do not hesitate to contact the COPS Office at 1- 800 - 421 -6770. Your grant advisor will be happy to provide you with assistance. S' - - rely, 'err tseph E. Brann irector, COPS Office Now • BUDGET WORKSHEET INSTRUCTIONS Niaw The Universal Hiring Budget Information Worksheet must be completed fully in order for the COPS Office to determine your actual award amount. • The worksheet should be completed on a cost - per - officer basis. • Part 1 should reflect the cost per full -time officer and Part 2 should reflect the cost per part -time officer. Complete Part 1 if you were awarded full -time officer(s); Part 2 if you were awarded part -time officer(s); and both Parts if you were awarded full -time and part -time officers. • Every question in the budget summary must be completed. Missing or erroneous information can greatly slow the grant making process. • Sign and return your completed budget worksheet to the COPS Office by June 15, 1996. It is important that the budget information be returned in a timely manner so that we can mail your grant award information packet to you as soon as possible. The mailing address is: COPS Office, Universal Hiring Control Desk, 1100 Vermont Avenue, N.W., Washington, D.C., 20530. t AGENDA REQUEST Date: 5/28/96 Nome PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS CONSENT AGENDA OTHER BUSINESS X ITEM DESCRIPTION /SUBJECT: Request by OPM -USA Inc. to place a 400' tower on City property (Water Plant Site) for annual lease payment. BACKGROUND: Mr. John G. Mortellite, Vice President of OPM- USA -Inc., Communications Facilities has approached the City in hopes of acquiring a 30 year lease agreement to place a 400' communications tower on the northern portion of the water plant site. Income generated by the lease for the City is $4,000 for the first year with a 5% increase per year, or a total of $265,761 as determined by our Finance Director. RECOMMENDATION /CONCLUSION: The City can negotiate further for space on the tower as it may determine practical for its future communications needs. The agreement is subject to the City Attorney's review and approval. FINANCIAL IMPACT: $265,761 in lone term revenues FUNDS AVAILABLE: ACCOUNT NUMBER: N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PRESENTED BY: Terry A. Wadsworth, Director of Utilities PREVIOUS AGENDA ITEM: YES NO Date: Agenda Item No. Respectfully submitted: Concurrence: Terry A.' adsworth George j_eo-z M cMahon Director of Utilities City Manager TAW:mcd I z I / P , 111/0$/rlir/./0,0•/0•0/1r:l . . . N ■ / like : . 1 I. • a b 9 • N J `-- • ,........„ D N N • 4 . 1 i i W (N i 0 4-, N I N lbw i \ �oO Os � d �o b�� d� ` NN N N N ` 1 \/ `, y \ v w $ ° ") 6" W c ��ti.a tik j a�p�.�, �Oo ,, ./ 0 I `�' :1 dV1 - tj'�k1'ti , / I , I/ t °Ix Vs Q ,�h q .. h LL • J c . . . 0 r . A . I, A 4 t � � t A 1 'V \ O „ A 0 1 • I 15- Apr -96 City of Edgewater - Tower Lease Fees (TOWER) Year Yearly Pmt Cum Pmts • PV Q i � SCOLI t� 02 v'7,) 1460, 1 $4,000 $4,000 3,774 2 4,200 8,200 3,738 3 4,410 12,610 3,703 4 4,631 17,241 3,668 5 4,863 22,104 3,634 6 5,106 27,210 3,600 7 5,361 32,571 3,565 8 5,629 38,200 3,532 9 5,910 44,110 3,498 10 6,206 50,316 3,465 11 6,516 56,832 3,433 12 6,842 63,674 3,400 13 7,184 70,858 3,368 14 7,543 78,401 3,336 15 7,920 86,321 3,305 16 8,316 94,637 3,274 17 8,732 103,369 3,243 18 9,169 112,538 3,212 19 9,627 122,165 3,182 20 10,108 132,273 3,152 21 10,613 142,886 3,122 22 11,144 154,030 3,093 ,r 23 11,701 165,731 3,063 24 12,286 178,017 3,034 25 12,900 190,917 3,006 26 13,545 204,462 2,977 27 14,222 218,684 2,949 28 14,933 233,617 2,921 29 15,680 249,297 2,894 30 16,464 265,761 2,867 $99,007 `njag3 f / LEASE AGREEMENT 'err THIS LEASE, made this 3rd day of June, 1996 , and executed in duplicate by and between City of Edgewater , "LESSOR ", and OPM- USA -INC of Venice, Florida, "LESSEE ". WHEREAS : EXPLANATORY STATEMENT LESSEE is engaged in the business of radio communications and communications systems. In connection with its business, LESSEE now desires to erect a radio communications tower, 400 feet in height, on the property of the LESSOR in order to promote its electronic and radio communications business and more specifically to allow it to establish a radio communication system whereby it may be permitted to sublease the right to transmit and receive by way of the aforesaid radio tower. *tor LESSEE will also construct up to four buildings to be used as equipment buildings, with standard electrical and emergency electrical therein. Such buildings are to be of frame, masonry or pre - engineered construction. LESSEE will further agree that the buildings and the base of the tower will be fenced with chain link and barbed wire for security at LESSEE expense. II DESCRIPTION AND WARRANT OF TITLE That in consideration of the payment of the rental and performance of the covenants and the agreements hereinafter set forth LESSOR DOES hereby lease unto LESSEE and LESSEE accepts from LESSOR the following leased premises: That portion 1 -O0-'— x---00' located (See Survey) 64' x 50: with easements to guy wire anchors to be located (See Survey) 300' feet from the center in three (3) directions 120° apart and more particularly described in accordance with the survey (to be furnished upon completion of construction) and unlimited ingress and egress across LESSOR'S property as shown thereon. Unlimited ingress and egress is not to be construed as vehicles storage area. Vehicles are not to be left on the site unattended. LESSOR hereby warrants that they have title to the leased premises, and no other person or corporation has the right to lease the same for the term hereby granted. The LESSOR further covenants that the LESSEE upon the payment of the rents herein stipulated, and the performance of all the conditions herein contained, shall have the peaceful and quiet possession, use and enjoyment of the leased premises, without hindrance on the part of the LESSOR or any person or persons claiming by, through or under the LESSOR, for the 1 term herein leased, including any renewal term except that LESSOR may cultivate the above property as long as it does not unreasonably interfere with LESSEE's use of the property. *ow III TERM To have and to hold said leased premises unto the LESSEE their successors and assigns, for 30 years commencing upon receipt of Eyyzonin and FAA approval for the purpose of conducting radio communications and electronics business as hereinbefore stated with the right to renew for 1 additional 30 Year terms thereafter, in the aforesaid terms and rates unless either of the parties hereto shall give notice to the other in writing at least 1 (one) year prior to the end of the lease term. IV RENTAL LESSEE hereby covenants and agrees to pay to the LESSOR as rental for the lease premises $4,000 for the first year as the base amount plus an additional 5% each year • over the lease period compounded (see attached payment schedule) plus any applicable sales taxes. The first payment being 1/3 (one third) of the first years lease as a deposit with the consummation of this Agreement. The balance due upon receipt of county zoning and FAA approval, whichever is the later. Should approvals not be obtained within 12 (twelve) months, this agreement will be null and void and all deposit monies returned to OPM- USA -INC. V USE AND MAINTENANCE The LESSEE hereby agrees during the term of this lease, including any renewal thereof, as follows: (a) To keep the lease premises in such condition as it is at the commencement of the term of this lease except the LESSEE may erect its radio tower as hereinbefore stated together with any buildings, foundations, or appurtenances thereto. (b) Lessor does hereby grant to OPM a non- exclusive,,inimpaired easement and right - of -way, in and over the real property associated with each Property, for the limited purpose of providing OPM with a right to and means of ingress and egress to install, maintain, repair, operate, service, replace and remove utility wires, poles, cables, conduits, and pipes, so as to provide utilities to the Equipment. 2 Now (c) OPM shall be responsible directly to the serving entities for all utilities required by OPM's use of the Property, however, Lessor agrees to cooperate with OPM in its efforts to obtain utilities from any locations provided by the servicing utility. (d) Lessor does hereby further grant to OPM a non - exclusive easement, in and over the real property associated with each Property, for ingress and egress from public roads, on foot or motor vehicle, to the Property, and related real property on a twenty -four (24) hours seven day a week basis. (e) Not to make or suffer an unlawful, improper, or offensive use of the premises, nor any use thereof other than as herein specified. (f) To permit the LESSOR at reasonable times to enter upon and examine the premises and make such inspection as they may see fit from time to time. VI Nay INSURANCE AND LIABILITY The LESSEE covenants and agrees that it will maintain in full force and effect during the full term hereof, and until removal of all improvements, insurance in the amount of not less than $1,000,000 (One million dollars) for bodily injury and property damage per occurrence to protect both LESSEE AND LESSOR, as their respective interests may appear, covering the risks generally included in a public liability insurance policy. In addition LESSEE agrees to protect the LESSOR and agrees to indemnify and hold harmless the LESSOR, from suits arising out of accidents or injuries to person or property that may occur in the leased premises during the lease term or renewal thereof, by virtue of and related to their tenancy. LESSOR is to be, named Additional Insured on LESSEE's policy. LESSOR is to receive a copy of certificate of insurance upon execution of this lease and annually thereafter upon renewal from LESSEE's insurance company. VII • losir MORTG LESSOR hereby covenants and agrees to pay, as and when due, all payments both principal and interest, on any mortgage which may now or hereafter cover the leased premises. It is further understood and agreed that any mortgages hereinafter executed by the LESSOR, covering the leased premises, shall be expressly made subject to the LESSEE'S BIGHT OF OCCUPANCY so that LESSEE shall not be affected by any foreclosure of any mortgage hereinafter executed. 3 .... VIII Now INDEMNIFICATION AND ENVIRONMENTAL MATTERS. It is the express intention of the parties that OPM agrees to indemnify and hold LESSOR and other prior users harmless, and no action shall lie, from any and all claims or suits arising out of injury to, or death of, any person, or loss or damage done to LESSOR's or other prior users' facilities or equipment, whether on, above or below ground, that occur as a result of the conduct of due diligence, installation, operation or maintenance of the Equipment, resulting from the joint or concurrent , sole or gross negligence, or willful misconduct of OPM, or its agents, employees, representative, or contractors. It is the express intention of the parties that LESSOR agrees to indemnify and hold OPM harmless, and no action shall lie, from any and all claims or suits arising out of hazardous materials located on any of the sites, injury to, or death of, any person, or loss or damage done to prior user's facilities or equipment, whether on, above or below ground, that occur as a result of the installations, operation or maintenance of any Property, any other improvements of LESSOR, or the real property relating to any Property, resulting from the joint or concurrent negligence, or willful misconduct of the LESSOR, or its agents, employees, representatives, or contractors. Nor Without limiting the foregoing, LESSOR shall not be responsible or liable to OPM for any loss, damage or expense that may be occasioned by, through or in connection with any acts or omissions of other lessees occupying any Property, or occupying any part of the premises adjacent to or connected with the Property, not caused by the joint or concurrent, sole or gross negligence, or willful misconduct of the LESSOR, or its agents, employees, representatives, or contractors. It is further the express intention of the parties that each party's foregoing indemnity obligation shall include mediation and litigation expenses, court costs, reasonable attorney's fees, investigation costs, and all other reasonable costs and expenses incurred by the indemnified party from the first written demand notice that any claim or demand has been made or may be made, and shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable under applicable workers' compensation acts, disability benefit acts, or other employees benefit acts. The provisions of this Paragraph shall survive the termination of this Agreement or any lease with respect to any damage, injury or death occurring before such termination. Now LESSOR represents and warrants to OPM that no Hazardous Materials in reportable - quantities are located in, upon or under the Property. For purposes of this Paragraph, the term "Hazardous Materials" means any hazardous or dangerous substances under any applicable local, state or federal law, and includes, without limitation, petroleum and petroleum products. LESSOR and OPM each hereby represent and covenant to the other that neither will cause contamination of the Property by any Hazardous Material that may be or have been brought in or upon the Property by that party or its respective employees, agents, contractors or invitees. Each party to this Agreement agrees to indemnify and hold the other harmless from any cost, liability or expense _ (including, without limitation, costs of clean up or remediation, fines, reasonable attorney's fees • 4 and costs of court or administrative proceedings) incurred by the other on account of contamination of the Property by any Hazardous Materials it may cause. IX EMINENT DOMAIN If the entire leased premises, or such portion thereof as shall substantially interfere with or impair the usefulness of the leased premise for the normal operation of LESSEE'S business, be taken under the power of condemnation proceedings or eminent domain, then this lease and the tenancy hereby created shall be terminated as of the date when the LESSEE is required to yield possession thereof, and the rent shall be adjusted as of that date. X DEFAULT The lease is made upon the express condition and the parties hereto covenant and agree, that in Igor the event the LESSEE shall fail or neglect to perform or comply with any of the covenants, terms or conditions in this lease contained to be performed or complied with by it, including the payment of rent, and such failure or neglect shall continue for 30 (thirty) days after notice thereof in writing from the LESSOR, then, upon expiration of said 30 (thirty) days as above provided, the LESSOR may, at his option, deem this lease to be canceled and terminated, and may enter upon the leased premises with or without process of law, and take possession thereof, and may bring suit for damages resulting from said default. The remedy herein set forth shall be in addition to any remedies provided by law, and any remedies otherwise specifically provided for herein. Any default by LESSEE in the terms of this agreement not corrected within 30 (thirty) days from the date of the default shall terminate the agreement and the tower and the appurtenances constructed upon LESSOR'S property shall be immediately removed from the property. The filing of bankruptcy or receivership by LESSEE shall be considered a default upon the terms of the agreement, with no 30 (thirty) day period within to correct the default. X1 ._ ASSIGNMENT OF LEASE The LESSEE may sell, assign, mortgage or transfer this lease, without the prior written consent of the LESSOR. (This shall include leasing to others the right to transmit and receive by way of the radio tower or the right to add additional transmitter buildings at the base of the tower.) 5 .,, XII • TITLE TO PERSONAL PROPERTY It is hereby expressly agreed between the LESSOR and the LESSEE that although the hereinbefore described tower shall be erected upon lands of the LESSOR, and becomes affixed thereto, title to this structure, its appurtenances and equipment, shall remain with and be in the name of the LESSEE. Furthermore, in the event that this lease shall be terminated at the end of the original lease term or subsequent term or by virtue of any foreclosure of any mortgage, eminent domain, default on behalf of the LESSEE, or any other reason, the LESSEE must at its expense, take down and remove said tower, buildings, and appurtenances, thereto shall be and remain the property of LESSEE. XIII SALE OF PROPERTY Should the LESSOR decide to sell the leased premises, LESSEE will be given first option to Niasv purchase same. The LESSOR AND LESSEE hereby agree that in the event the leased premises shall be sold, mortgaged, or otherwise encumbered, said conveyance shall be subject to the terms and condition of this lease. XIV NOTICES All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice): LESSEE: OPM- USA -INC 2830 Norwood Lane Venice, Florida 34292 LESSOR: City of Edgewater • P.O. Box 100 Edgewater, Florida 32132 XV Itor MISCELLANEOUS x. The parties hereto mutually covenant and agree as follows: ' (a) This lease contains and embraces the entire agreement between the parties hereto, and neither it nor any part of it may be changed, altered, modified, limited or extended, orally or by any agreement between the parties, unless such agreement be expressed in writing, signed and acknowledged by the LESSOR and the LESSEE, or their successors in interest. If any term, clause or provision of the lease shall be judged to be invalid, the validity of any other clause or provision of this lease shall not be affected thereby. (b) This lease, and all the covenants and agreements herein contained, shall extend to, bind and run in favor of the heirs, personal representatives, successors and assigns, of the parties hereto. IN WITNESS WHEREOF, the parties hereto have respectfully signed and sealed these *ow presents, the day and year first written above. (SEAL) WITNESS LESSOR (SEAL) WITNESS LESSOR (SEAL) WITNESS LESSOR STATE OF FLORIDA, COUNTY OF , to wit: I HEREBY CERTIFY, THAT on this day of before me, the subscriber, a Notary Public of the Sate of Florida in and for the County aforesaid, personally appeared LESSOR, known (or satisfactorily proven) to be the Niaw person whose name is subscribed to the within instrument and he acknowledged that he executed the same for the purposes therein contained and further acknowledged the foregoing to be his act. AS WITNESS my hand and Notarial Seal. / My Commission Expires: Notary Public Filc: LndLeasc.doc; 960313 -0155 C AGENDA REQUEST Date: May 28, 1996 4.0, PUBLIC HEARING RESOLUTION ORDINANCE CONSENT OTHER BUSINESS X CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: Interlocal Agreement for joint use of Indian River Elementary School Facilities. BACKGROUND: The Parks and Recreation Dept. is looking for facilities to use, due to the growth of our recreation programs. Over the past several months Staff has met with Indian River Elementary School Principal and other School Board Staff for discussion of joint use of facilities at Indian River Elementary School. New Meetings included discussion of constructing a full size soccer field, use of the school's outdoor basketball courts, and use of indoor facilities during inclement weather during our summer recreation program. During our meeting Staff was informed that the school Booster Club had raised approximately $30,000.00 to cover the basketball courts. The total cost would be approximately $43,000.00 for the project. They plan to continue to have fundraisers to meet their goal and have asked the Parks and Recreation Dept. for support. RECOMMENDATION /CONCLUSION: Staff is asking City Council to consider entering into an Interlocal Agreement with the Volusia County School Board /Indian River Elementary School for joint usage of facilities. Parts of the agreement include $7,000.00 to help construct roof over basketball courts, construct and maintain soccer field at approximately $3,000.00 and usage of the school facilities during inclement weather. Funds will be provided by Recreation Impact fees and will require budget amendment. This agreement will provide needed facilities for our programs for league play vow and practices. FUNDS AVAILABLE : (ACCOUNT NUMBER) 10572 -56660 SPECIFY IF BUDGET AMENDMENT IS REQUIRED: YES PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, ack Corder Director of Parks & Recreation Concurrence: ..j1-07-/e 7 n-e- 2x44-- George ,McMahon City Manager Krist Storey City Attorney mar `w VOLUSIA COUNTY SCHOOL DISTRICT INTERLOCAL AGREEMENT FOR JOINT USE OF REAL PROPERTY law THIS AGREEMENT, made this day of , 199. 6, by and between the a political subdivision of the State of Florida, hereinafter referred to as the "CITY" and the SCHOOL BOARD OF VOLUSIA COUNTY, FLORIDA, a public corporation and the governing body of the school district of Volusia County, Florida, duly created in accordance with Article IX, Section 4(b) Florida Constitution, and Chapter 230, Florida Statutes, hereinafter referred to as the "SCHOOL BOARD." WHEREAS, Section 163.01, Florida Statutes, known as the Florida Interlocal Cooperation Act of 1969, permits any political subdivision of the State of Florida to exercise jointly with any other political subdivision of the State of Florida, any power, vow privilege, or authority which said political subdivision share in common and which each might exercise separately; and WHEREAS, the acquisitions, ownership, custody, operation, maintenance, lease of sale of real property are all permitted purposes of an interlocal agreement under the Florida Interlocal Cooperation Act of 1969; and WHEREAS, political subdivisions may provide for the manner of allocating any liabilities that might be incurred through the performance of an interlocal agreement and insuring against such liabilities; and WHEREAS, the SCHOOL BOARD is charged with financing the operation of all educational programs in the Volusia County School District and has limited funds to ,,,,, expend for the development of school grounds for playgrounds or fully developed recreational facilities; and • WHEREAS, the CITY has recognized the need for adequate recreational facilities in the more rapidly growing areas of the community and especially for the benefit of the "rrr► children immediately adjacent and living within such rapidly growing areas; and WHEREAS, substantial savings to the public can be obtained through the joint use of the parties' facilities for schools and recreational purposes; WHEREAS, this joint use agreement is entered into for the purpose of expanding public recreational facilities within the county without impairing school facilities or disrupting the education process. NOW THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the parties hereto do mutually agree as follows: 1. THE SCHOOL BOARD grants the CITY the non - exclusive right to use the schools listed on Attachment "A" jointly with the SCHOOL BOARD for recreational purposes in accordance with this agreement and subject to the limitations set forth herein. Attachment "A" will be automatically amended on a yearly basis to add all new school facilities built in that year. 2. In addition to this agreement, the parties intend and authorize their respective chief executive officers or their designees to enter into a Memorandum of Understanding each year during the term of this agreement for each school or facility to be used by the CITY for recreational purposes which will supplement this agreement and outline the particulars of the SCHOOL BOARD's and the CITY's use of each school or facility. Each Memorandum of Understanding will be subject to ongoing review by the parties and may be amended from time to time during the year if the parties agree. Use of educational facilities in addition to those provided herein may be governed by SCHOOL law BOARD policy 705 for facility usage (copy attached). 3. The recreational facilities and improvements shall be for the exclusive use of the SCHOOL BOARD during school hours or until 4:00 P.M. Monday through Friday, during the regular or modified calendar school year. The CITY may have use of school 2 facilities as provided in each Memorandum of Understanding after regular school hours and on weekends. rr.► 4. The CITY agrees to participate in maintenance of the grounds and facilities at schools subject to this agreement and will provide to the SCHOOL BOARD a schedule for regular and periodic maintenance to allow for scheduling of school programs. The City Manager or Designee shall submit an annual report to the superintendent outlining the management and maintenance program, any improvements as well as recurring costs. Each Memorandum of Understanding will identify the management and maintenance responsibilities including site improvement and recurring costs that will be borne by the SCHOOL BOARD and by the CITY. 5. The design, construction and location of any and all improvements to be located or constructed on school board property shall be approved by the Facilities Department of the SCHOOL BOARD prior to installation or construction. lorir The CITY agrees to notify the principal of any listed school which has a memorandum of understanding in effect that it has authorized use of the leased area, specifying the time of use and naming the responsible person. 7. Concessions may be operated or maintained by either party in conjunction with their respective use of the listed facilities. Concessions must be restricted to nonprofit organizations or groups. 8. This agreement may not be assigned. This provision is not intended to prevent or prohibit the CITY or the SCHOOL BOARD from charging a fee to third parties for the use of recreational facilities listed on Attachment "A." 9. The term of this agreement shall be ten (10 )years from the effective date 'w and automatically renewed at the end of saidioyear term unless terminated as provided herein. The joint use agreement may be terminated for cause by either party with one year's written notice. In the event of termination under this provision, all permanent recreational facilities shall become the property of the SCHOOL BOARD. 3 10. In the event of a breach of any term of this agreement by a party hereto, the other party shall provide written notice of such breach and allow a reasonable period lbw of time to cure the breach; the reasonableness of the time period being determined by the circumstances and nature of the breach. 11. Each party recognized that it is in the best interest of both parties to provide a safe recreational area and each party agrees to utilize its best efforts to provide proper supervision and safe conditions during their respective use of the facilities. In the event that either party becomes aware of an unsafe condition it will correct same or, if the correction of the condition is the responsibility of the other party, will notify the other party in writing of the hazard and the need for corrective action. The party responsible for maintaining the facility shall correct the condition immediately or take reasonable and proper precautions until corrective action can be taken. 12. Each party shall at all times maintain liability insurance in amounts of $100,00 per injury and $200,000 per accident, or such higher limits as may be imposed by any future amendments to Section 728.68, Florida Statutes. Such insurance may be provided by a self - insurance reserve program. 13. Nothing in this agreement shall be deemed as a waiver of sovereign immunity of either of the parties beyond any statutory limited waiver which may have been or may be adopted by the Florida Legislature and nothing in this agreement shall insure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the doctrine of sovereign immunity. 14. The CITY agrees to assume all risk and liability to itself, its agents or employees and shall be responsible to fully defend, indemnify and hold the SCHOOL law BOARD harmless from and against any and all claims arising from or related to the CITY or the use by any third parties authorized by the CITY's use of facilities listed on Attachment "A" if such claims are caused by the act or acts, negligence or failure to exercise proper precautions of and by the CITY, its agents or employees. The SCHOOL 4 BOARD agrees to assume all risk and liability to itself, its agents or employees and shall be responsible to fully defend, indemnify and hold the CITY harmless from and against any �.► and all claims arising from or related to the SCHOOL BOARD's use of the listed facilities if such claims are caused by the act, acts, negligence or failure to exercise proper precautions of any by the CITY, its agents or employees. The SCHOOL BOARD agrees to assume all risk and liability to itself, its agents or employees and shall be responsible to fully defend, indemnify and hold the CITY harmless from and against any and all claims arising from or related to the SCHOOL BOARD's use of the listed facilities if such claims are caused by the act, acts, negligence or failure to exercise proper precautions of and by the SCHOOL BOARD, its agents or employees. Each of the parties agree to provide the other with written notice of any claim subject to this provision within ten (10) days of its receipt of notice that a claim exists. The parties agree to cooperate fully in the defense of 'tow any such claim. Notice of claim shall be deemed to be given on the date of mailing thereof by U.S. Mail, First Class Delivery. .15. Any notice required to be provided herein shall be directed to the parties' chief executive officers at the following addresses: THE SCHOOL BOARD OF VOLUSIA Office of the City Manager COUNTY, FLORIDA Office of Superintendent 200 North Clara Avenue DeLand, Florida 32721 -2118 16. In the event it becomes necessary to institute legal action to enforce any of the terms of this agreement, the prevailing party shall be entitled to recover all out -of- • pocket expenses and a reasonable attorney's fee from the date of filing until the lo,.- termination of litigation. 17. This agreement shall take effect when adopted by the and the SCHOOL BOARD OF VOLUSIA COUNTY, FLORIDA, and fully executed by their duly authorized representatives. 5 IN WITNESS WHEREOF, the parties hereto by their duly authorized officers have set their hands and seals this day of , 199 Now , FLORIDA THE SCHOOL BOARD OF VOLUSIA COUNTY, FLORIDA BY: Mayor /City of Edgewater Chairman ATTEST: City Clerk /City of Edgewater Secretary `ere Now 6 ADDENDUM A Officials from the City of Edgewater Parks and Recreation Department and Indian River Elementary School have met and agreed upon the following: 1. The Edgewater Parks and Recreation Dept. will donate $7,000.00 for construction of a roof over the outdoor basketball courts when construction begins. 2. The Edgewater Parks and Recreation Dept. will construct a soccer field complete with regulation goals and sprinkler system. Value approximately $3,000.00. 3. From FY 95/96 through FY 05/06, the Parks and Recreation Dept. will be responsible for assisting in the maintenance of the soccer field and basketball courts. A maintenance schedule will be developed jointly prior to the start of each school year. In exchange for the above services, Indian River Elementary School grants the Parks and Recreation Department the authority to schedule and permit all `` w- available (not to interfere with school activities) after school usage of the large open play area, the soccer field, the covered basketball courts (in accordance with the approved School Board Facility Usage Policy # 705). During school days, the gates to the recreational areas will be opened and closed by school personnel. The outside areas will be available for permitted use from 4:00 PM until dusk. On weekends the outside areas may be scheduled and permitted from 9:00 AM until dusk. All after school usage of the facility will be scheduled and permitted through the Parks and Recreation Department, but Indian River Elementary School will be kept informed as to the hours of operation. During the summer recreation program, the Parks and Recreation Department will be granted access to school facilities during inclement weather. (In accordance with the approved School Board Facility Usage Policy # 705.) iNow Dr. Mary Patt Kennedy /Principal George McMahon, City Manager Indian River Elementary School City of Edgewater MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding will supplement the Joint Use Agreement dated , 1996, by and between the City of Edgewater and the SCHOOL BOARD OF VOLUSIA COUNTY, FLORIDA, governing the use of the recreational /physical education areas located at Indian River Elementary School. The City of Edgewater, and the Superintendent of Schools, agree to the following terms for use of the subject parcels: low 1. Those facilities located on Parcel "A" which are available for use by the City and the total number of hours which have been allocated to the City for use of said facilities are as follows: SEE ADDENDUM "A" Any additional usage by the City shall be subject to the School Board Policy 705, Use of School District Faciltiies, which is attached hereto as Exhibit UAn 2. Compensation for Use. The parties have agreed that improvements to or the maintenance of the recreational /physical education areas at Indian River low Elementary School compensates for the agreed upon hours of use of facilities. The parties will compensate each other as appropriate on or before the renewal date of this agreement. 3. Joint Programs. The parties shall bear their own expenses for programs that are jointly operated by the City and the SCHOOL BOARD and the compensation arrangement set forth in Paragraph Two shall not apply. 4. Capital Improvements. A list of all Capital Improvements to Indian m ow River Elementary School and their cost shall be compiled by the party contributing such capital improvement - ,and submitted to the other party to this agreement on or before September 1, 1996. 5. Effective Date. This Memorandum of Understanding shall take effect upon execution by both parties hereto and shall remain in effect until , at 12:00 midnight, at which time the City Manager, or his designee, and the Superintendent of Schools, or his designee, shall enter into a new Memorandum of Understanding subject to the terms of the Joint Use Agreement dated , 1996 and to be effective from , 1996 until , 2006. CITY OF EDGEWATER BY: , Jack Hayman /Mayor THE SCHOOL BOARD OF VOLUSIA COUNTY, FLORIDA BY: low FISCAL MANAGEMENT POLICIES NUMBER 705 COMMUNITY USE OF SCHOOL FACILITIES The school board recognizes that use of the district's facilities by outside organizations can benefit the general public of Volusia County. Nair The superintendent may authorize the use of school district facilities by outside organizations. I. Definitions • A. Non - profit organizations - shall include civic, religious, government, or community organizations that qualify as 501 -C -3 non - profit, as defined by the Internal Revenue Service. B. Outside organizations - those organizations not generated by the existence of the school, including for - profit users, community groups, governments, and non - profit users. C. School based organizations - those volunteer organizations generated by the existence of the school, including booster clubs, parent- teacher organizations or associations, etc. D. Superintendent - superintendent or designee Now II. Fee Structure A. All outside organizations using school facilities shall reimburse the board for the reasonable cost of facility usage except as allowed for under this policy. B. The superintendent will determine the fee structure based on a review of operational and maintenance costs. C. The fee structure will differentiate between air conditioned space and non -air conditioned space and room size including amenities. D. All users will be charged for any additional services provided or damages incurred as a result of their usage. Additional services may include custodial, school nutrition, security, etc. E. Twenty -five percent (25 %) of the listed rental fee will be transmitted to the finance department of the district to cover *low operational and maintenance costs. F. Consideration may be given by the school principal, with approval of the superintendent, to accept services, repairs, or purchase of equipment in lieu of rental fee or a portion thereof. A use agreement will be executed outlining the terms of such an agreement. G. Florida sales tax, when required, will be collected at the - school. 1 of 4 FISCAL MANAGEMENT POLICIES NUMBER 705 III. Fee and Insurance Waivers A. With the approval of the superintendent, the principal may authorize the use of the facility for a reduced or no charge for any non - profit organization or school based organization where the use of the facility is solely for the benefit of the student population in that the use will raise funds for student activities or provides students with the opportunity to engage in activities that are consistent with the District's goals, values and curriculum. B. School based organizations may be permitted to use school facilities without providing liability insurance or completing a facility use form. This exemption applies only to activities on campus and does not extend off - campus or to transportation. This exemption applies only to activities whose proceeds directly benefit a school or the district, and cannot be assigned through a partnership or other agreement. C. Any existing agreements between the board, a booster or volunteer group, or governmental agency shall govern facility usage as stated in the agreement and can only be terminated as provided within the agreement. isor IV. Terms and Conditions for Facility Use A. All outside organizations using school district facilities shall execute an Indemnification and Hold- Harmless Agreement which shall hold the school district /board of education harmless from any claims, injuries or damage occurring while the organization is on the premises and shall complete a lease agreeing to the conditions and terms set forth herein. Requests for use shall be presented to the principal to recommend approval or denial. The principal shall ensure compliance with procedures developed by the superintendent. Community usage shall not interfere with regular school programs, school activities, or school functions. In addition, the principal shall have the authority to deny use of a facility when he or she determines that the school district's interest in maintaining a safe and secure environment for the students is best served by denying the request. low B. All users shall comply with the school district's Code of Conduct set forth in Section VI. Failure to comply may result in termination of the use agreement. C. The use of the school's kitchen equipment for the preparation of food shall require the operation by a student nutrition service employee. • 2 of 4 FISCAL MANAGEMENT POLICIES NUMBER 705 D. The board reserves itself and the superintendent the right to require provision of and payment for additional security, crowd control, custodial services, or other additional conditions as needed to ensure that use of school facilities for other purposes not detract from their primary use, education. E. All outside organizations using school facilities must make known that neither the board nor the administration has endorsed the users' activities. Any advertisement or circular must contain specific language to that effect. The suggested disclaimer is: "Volusia County Schools does not specifically endorse or support the program or individuals involved in If F. A school district employee approved by the principal is required to be on the premises during the period of use. Any additional cost(s) for supervision and /or security services will be reimbursed by the facility user based on a fee established by the principal. School board service personnel will be paid in accordance with current negotiated contract agreements. G. All facility use agreements for one year or less must be 'Wiwr►„ approved by the superintendent. Lease agreements for more than one year must be approved by the board. All active use agreements will remain in effect until the expiration date or a breach of contract by the lessee. H. Groups who advocate causes or beliefs that are unlawful or clearly hostile to the District's goals, values, and curriculum shall not be granted usage. V. Insurance, Indemnification and Liability A. Prior to use of district facilities, the identified user must provide a current certificate of liability (copy of insurance) which clearly states the organization's liability coverage, naming the school board as an additional named insured. B. Limits of at least $100,000.00, for injury to any one person and $200,000.00, or those limits established in Florida Statutes, whichever is greater, for any one occurrence must be carried by the user. iftw C. The principal must submit a copy of the use application and insurance certificate to the superintendent prior to the use of the facility. D. Activities with a high potential for accidents or liability will not be permitted. • 3 of 4 FISCAL MANAGEMENT POLICIES NUMBER 705 VI. Code of Conduct on School Board Property The organization using the facility shall enforce compliance with the following standards: taftw A. The use of tobacco, alcohol or other drugs are not permitted on school board owned property. B. Parking shall only be in clearly marked parking spaces. Parking is not permitted on play fields or lawns. C. The area shall be left clean and ready for school children. Trash or debris shall be picked up and disposed of properly. D. The organization shall check to see if the property is secure when departing, leaving it the same as they found it. E. The organization shall be sure to conduct play activities in a sportsman -like manner. No fighting or rough- housing will be allowed. F. The organization shall report any unsafe conditions to the school based administrator as soon as noted. G. No weapons of any kind shall be brought onto the premises. Now H. The Code of Student Conduct will apply to students participating in the activity. VII. Uses of School Facilities A. No school facilities, equipment or grounds shall be permitted for any of the following purposes: 1. programs involving any form of gambling or other illegal activity; and 2. programs which would be in violation of any law or School Board Rule. B. Availability School facilities are primarily for public education, and their use for other purposes must not detract, either in time or depreciation, from the primary use. law Legal Authority: 230.22, 230.23(2), Florida Statutes Laws Implemented: 228.071(9), 228.072(10), 232.02, Florida Statutes History: (Adopted -- December 17, 1974) (Revised -- June 10, 1980; March 11, 1986) (Effective Date -- July 25, 1995) 4 of 4 7 ' (62, /3 t- , " G / 2 , 1 1 •0•- / /-7 • •-e k../ liar ---- A ( ___1(.7 4 ,- C ' - a•- _I ... / L IL ,..... , /' / ,..:•;•-(' - _ .._......... . " . ' ) ; ° : 7 il ',.': . . . - • . . _ - - • ' c A •: :', I I ' • -: . ".,•'.!. , t,,v.... .- : -7,,r,- -.••• --+ ---.--:- '■_ / L e L '' '.. MiffillOggFrIL*44"11:='-- ,. .-...a.. '''''',..--;... --. - -C - - • _. ,,-----) ' " A/V / *r:• i .„, / ., 4, (._ , ■ — • -• .;•-:.:"4"'"`• , . _ - - . - -_-•.,...'-' '..., . • * -^ ,,, - .- 1, ;-... , • .;. - " . , _. . - '‘ :-.- ,_ • -:-"" -' ' „ r'-*.zit ,...4911 --- ' -.. ,F i ' .- ' '' - -'• ,, - '•'"- -... .,--:• 1 : ,. - ' ", '.. t: '`•'. 2 - ' ,.."'". ' - ""' . 12 ,.. :4_1.:i ' , : - , . ' - ' . . . ' . . IOW. C ADDENDUM "A" Officials from the City of Edgewater Parks and Recreation Department and Indian River Elementary School have met and agreed upon the following: 1. The Edgewater Parks and Recreation Department will donate $7,000.00 for construction of a roof over the outdoor basketball courts during FY 95 -96. 2. The Edgewater Parks and Recreation Department will construct a soccer field complete with regulation goals and irrigation system during FY 96 -97. 3. During school year 96 -97, the Edgewater Parks and Recreation Department and Indian River Elementary School shall agree on a capital improvement program for FY 97 -98. This may include one or more of the following: additional outside basketball court (no roof), fitness trail, portable bleachers, and /or lighting for the courts and/or field. 4. From FY 95 -96 through FY 05 -06, the Edgewater Parks and Recreation Department will be responsible for maintenance of the soccer field and basketball courts. Maintenance shall include seeding, fertilizing and mowing. A maintenance schedule will be developed jointly prior to the start of each school year. In exchange for the above services, Indian River Elementary School grants the Edgewater Parks and Recreation Department the authority to schedule and permit all available (not to interfere with school activities) after school usage of the large open play area, the soccer field, and the covered basketball courts (in accordance with the approved School Board Facility Usage Policy #70S)_ During school days, the gates to the recreational areas will be opened and closed by school personnel. The outside areas will be available for permitted use from 4 :00 p.m. until dusk. On weekends the outside areas may be scheduled and permitted from 9:00 a.m. until dusk, All after school usage of the facility will be scheduled and permitted through the Edgewater Parks and Recreation Department, but Indian River Elementary School will be kept informed as to the hours of operation. During the summer recreation program, the Edgewater Parks and Recreation Department will be granted access to school facilities during inclement weather. (In accordance with the approved School Board Facility Usage Policy 1705.) Dr, Maly Patt Kennedy, Principal Jack Corder, Director, Parks and Recreation Indian River Elementary School City of Edgewater 7 D ° THE CITY OF EDGEWATER POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100 TiL1T' Mayor Jack H. Hayman City Manager George E. McMahon District 1 Councilman Danny K Hatfield AGENDA REQUEST City Attorney Krista A. Storey District 2 Councilwoman Louise A. Martin City Clerk Susan J. Wadsworth District 3 Councilman Michael D. Hays Date: MAY 28, 19 9 6 District 4 Councilman David L. Mitchum PUBLIC HEARING RESOLUTION ORDINANCE OTHER CONSENT BUSINESS X CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: Request for Special Activity fund raising event for .First Pentecostal Church of Edgewater to sell fireworks at 1838 South Ridgewood Ave. BACKGROUND: Since last year staff has been processing routine special activity request as long as they meet all the guide lines. This applicant is asking to have the administrative fee reduced or waived. The guidelines require a one hundred fifty dollar ($150.00) per day to cover administrative cost,not to exceed nine (9) day period. RECOMMENDATION /CONCLUSION: Councils decision FUNDS AVAILABLE: (ACCOUNT NUMBER) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, Concurrence: Susan J. heads worth,CMC Georg E. McMahon City Clerk City Manager 'Wlrr` 104 NORTH RIVERSIDE DRIVE FAX- (904)424 -2409 SUNCOM 383 -2400 CITY CLERK -( 904) 424 - 2407 -- PERSONNEL - (904)424 -2408 , 05 -28 -96 P02:32 IN CITY OF iDGEWATER SPECIAL ACTIVITY APPLICATION S g Date - - /5 — /(c7 Business Name .e'Si ��/ i ' C6S 7 L 6 orP (c)Yez,a -eel Business Address 23 /( S. - ,ezix e / Cdy le,- Applicant Name /5 eau LL)i7 it 4-, - / c'So e Telephone -Home y,2 7-,, 5---' hrs Office firs (If the departments are unable to reach you at these numbers, your permit may be delayed.) • Type of A ctivity n - r / ? „9- yr e ve. - Address cf Activity 18- S. ( youra,a,pr "J e 24 , 7 A/_ ,.YZ/ / (Attach statement from property owners jranting permission for use cf property) Organizat Lon /Sponsor /TfX -DOy� % le / C� Address /CO S•. 7:r S-. 9C6,f •G. 3s/v7F Date (s) & Time (s) of Eventuve /7— �� ly y'- / s Now Description of Proposed Event 1”" .sue S�,4-re. „9-imediv, f io)a,e es (Provide site plan or drawing showing layout of activity) Equipment to be used: Number of Te t /size(s)( /) ..Zo O Temp.Toilet(s) Temp .ElectlTemp.structure /size(s) Sound equipt. Band Alcoholic beverages (copy of state permit required) Other /� SIGNATURE OF APPLICANT �"..�j_ / , / ! ATE ,..5 5 , , ********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** FOR CITY USE ONLY Police Department - Comments: '- APPROVED DENIED AUTHORIZED SIGNATURE Fire Department - Comments: APPROVED DENIED AUTHORIZED SIGNATURE Community Development - Comments: , c_a__ 7?1e5 j.. APPROVED DENIED AUTHORIZED SIGNATURE 1�/' /,,,__ ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * " * * * *#w* CITY COUNCIL: APPROVED DENIED 'err First Pentecostal Church W. D. BLEDSOE, PASTOR N Subject: Request for fee Reduction/Waiver of Application fee(s). Dear Council Members, This is a request for a reduction/waiver in administration fee's related to the City of Edgewater Special Activity Application. We represent The First Pentecostal Church of Edgewater ,and propose to operate a fund raising event scheduled for the period of June 27th - July 4th. The daily administration fee of $150.00 dollars would cause a "burden" and hinder our goals in this event. We appreciate your consideration in this matter and look forward to your response in the next "Council Meeting ". Thank You, *ay . ...I if Rev. William Bledsoe, Pastor. 2311 SOUTH RIDGEWOOD AVE. • EDGEWATER, FL 32141 • 904 - 427 -2588 Location No. AMERICAN PROMOTIONAL EVENTS, INC. Each Tent Placement Worksheet must accompany each and every Lease Agreement Tent Placement Worksheet CITY OF: t ADDRESS: /r?3 . P c/ L „ b 61 4v TENT SIZE: el-O X it O — TYPE OF EVENT: i . • / • ' T 7 STORE NAME OR DESCRIPTION: C New 1(P/1//!1 r Y /e / 5w1 /4erth LO 11111111111111 ■■■■ ■■■iaua■11i•■■■■iai■■B■■■a■■■■■■ ■■ II■ m •aai.IMII.I.uIaai.IR••ai•miR!1■ .■...■ ■■■.■11■.■■■■■.■■■.■■■■■■■.0t11111 ..■■. .■.■■■■■■.■.■■.■■...■■■■■■..■E. INIIIIIIIIIIII•1111111111111111111111111111•111111111111111111111111111111111111111111MIlell ■ ■■■ ■■■.■■■■■.■.■.■■■■..■■■■■■■�1�� ■ ©■■�■■■.■■■■■.■■■■■■■■■■■■■■.■■ 11.■ d11iiii iiiiii1111iiiiiiiiiiiiiii1 ■if111,1 mEimmamiIinmpssIIIIoInIIIIouIoImziimaIb111111111111111111L*11 - t- Ill®n11111111=111111►11ir.111P2�0� MM�Si■ ir.���r iU 11011111111111l111`111►1111►i\1111I211DI\ ■MMO M`O1111• Imo■ IVflIFifl :: 1:: 1 1 111N1111h111111 N•m.i.■ ■•uui"iiiiiiaiiiiiuiiiiira ommazi : u'..I' 21111i•1a•rMSa■ Indicate location and dimensions south SPECIAL INSTRUCTION • _ ` /WA _'/TC°-r old X D - .� r - e / % , 2r r Signat Manager `�r Lan. • • Date s i A _ vs-- /3 - _ ature (American Promotional Event Inc. R- tonal Manager) Date White - A.P.E. Corporate Yellow - Regional Manager Pink - Store Manager low MAY. -28' 96 (TUE) 10:21 TERRANOVA TEL:3053585775 AM RICAN PROMOTIONAL EVENTS, INC. 6100 SE 78th Street Ocala, FL 34472 Permission Letter TO WI-IOM IT MAY CONCERN: I Aerican Prothotional Events, Inc. is hereby granted permission to erect a 1 m I Nay '&O teat on our property for the purpos of having a retail sale from ` — 61 , 190 6 through 1 , 199.& 1 ,UI,JAJ J I( El., grants permission for all patrons of the sale to l utilize the restroom facilities at our store, le32 S - 1 (kw ni (a►1 Pte- t , Property Address Store Name 1 i F ;,: Rbr,... Pli-. , ,, Cit State Zip _ (2.4D7a.:2--74 OLA 6 -6E-P-. , \ C \l,. .--p S gnature Title j i1 State of Florida. ) County of 47 Si/.. ) il I N T E R O F F I C E MEMO To: George E. McMahon, City Manager From: Mark P. Karet, Director of Community Development/' Subject: Special Activity - Sale of Fireworks First Pentecostal Church of Edgewater Date: May 29, 1996 The Department of Community Development has no objections to the event as long as the applicant complies with the following conditions: 1 -) Refrains from parking vehicles in the right -of -way; 2 -) Does not block driving lanes or driveways; 3 -) Does not run power cords across driveways or driving lanes; 4 -) Does not place any signage or advertising in the right -of -way; and 5 -) Contacts the Building Department (424 -2411) for inspection prior to event. MPK/smp c:\memofrmispec. evt i June 4, 1996 Sue Smith Volusia Growth Management Commission 1190 Pelican Bay Drive Daytona Beach, Florida 32119 Dear Sue, On June 3, 1996, at the regular City Council meeting, the City Council appointed Karen A. Hall to serve on the Volusia Growth Management Commission. Ms. Hall's mailing address is 519 Wildwood Drive, Edgewater, Florida 32132, 904 - 427 -9230. If I can be of any further assistance please feel free in contacting me. Sincerely, Susan J. Wadsworth,CMC City Clerk • I 05 - 29 -96 A10:25 IN THE CITY OF EDGEWATER POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100 APPLICATION FOR APPOINTMENT TO CITY BOARDS, AL AGENCIES OR COMMITTEES (,j NAME � P» . / 7 a 1 ADDRESS 6 1 9 (.1' 1 /do) n () d L b ,EC/ e (' c) Q ? HOME PHONE 992 9- 9,,2 9 U BUSINESS PHONE j/st OCCUPATION (I 0 o » 2 q / SC Are you a resident of Edgewater yes How long //o Is your principal place of employment in Edgewater? JU /} if yes how long? Briefly state your interest in serving on a City board, agency or committee: % 1� � i IA L . A iii % a- , / - , �` �L / lL _ - y i.� €:3'Y' re ; ou a regi vo er? e 5 y ,Do you hold public office? 0 Are you employed by the City? /, U At the present time, do you serve on any other Boards Agencies, or coma t� j�es? e If so, list each: �' h u h c rP11 S ehvLc e er r - s Have you ever served on an� board agencies, or committees If so , list each Vl P (Ti9L og. r nQ K C« d -d i ( (' i VP � I B erg 4. d - ( t ' Acrrc h� S / a d fe d NP i ha) A0 0 60c d C), < ZOO A / c Ce) c 7 i y Bea V 1�''s f e 1) I ccRI�C c.u � h .S'u � Ct i U iS l O h t h l ,+ � � r` C � �-- I' cJ 2 W ` ,„ /frog �L m (�c��n m v i �4 Y 0 (BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER BEAUTIFICATION & TREE COMM. CONSTRUCTION REGULATION BOARD CITIZENS CODE ENFORCEMENT FIRE PENSION BOARD GENERAL EMPLOYEES PENSION ECONOMIC DEVELOPMENT V G LAND DEVELOPMENT & REG. AGENCY LIBRARY BOARD I POLICE PENSION BOARD PARKS AND RECREATION BOARD VETERANS PARK ADV. COMMITTEE SENIOR AD HOC COMMITTEE SIGNATURE hr D� � =� DATE: - ** SEE REVERS' SIDE FOR LISTING OF BOARDS, AGENCIES AND COMMITTEES ** 1 C AGENDA REQUEST Date: May 28, 1996 vrse PUBLIC HEARINGS, ORDINANCES, AND RESOLUTIONS CONSENT AGENDA OTHER BUSINESS X ITEM DESCRIPTION /SUBJECT: Request for appointment to the Economic Development Board. BACKGROUND: Since Dr. Charles Gebelein had been absent for three consecutive Economic Development Board regular meetings, he was notified his office was forfeited. He subsequently forwarded a letter of resignationed. Dr. Gebelein's term will expire June 20, 1997. Thomas D. Alcorn has expressed lo "'' interest in serving on the EDB and is requesting appointment, as per attached application. RECOMMENDATION /CONCLUSION: Chairman Fong, along with the members, is recommending the Council appoint Thomas A. Alcorn to the EDB. FINANCIAL IMPACT: No Impact FUNDS AVAILABLE: ACCOUNT NUMBER: N/A Nov (SPECIFY IF BUDGET AMENDMENT IS REQUIRED): � ' c — � PRESENTED BY: \ , \ � Eliz b� eth . ride, Boar Coordi ato , onomic Development Board :ejm c:ledb\agendare\alcorn. apt ,o-‘, .,.,.:t). THE. CITY OF ED GE WATER y POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100 1; t.rf llT March 26, 1996 Dr. Charles Gebelein 1730 Umbrella Tree Drive Edgewater, FL 32132 Dear Dr. Gebelein: Pursuant to the By -Laws of the Economic Development Board, when a voting member has been absent for three (3) consecutive regular meetings held during any calendar year, said member shall forfeit the office. Since you have been absent for three consecutive regular meetings, (January, February, and March 1996) your office has been deemed vacant. If you have any questions regarding this matter, please contact our office. `ow Sincerely, ....-__-(2... -\1::,...\\--'\ - (.. • - c., Eliza e .1 cBride, Board Coordinator Economic Development Board :ejm c:\edb\corresp \gebelein.ltr COM1-IUNI7YDEVEWPMENT -139 EAST PARK AVENUE (904)424-2412 FAX-(904)424-2423 SUNCOM-383-2412 BUILDING DIVISION-(904)424-2411 CODE ENFORCEMENT-(904)424-2414 S4FE7Y DIVISION-(904)424-2414 DR. CHARLES G. GEBELEIN 1730 Umbrella Tree Drive, Edgewater, FL 32132 (904) 427 -9930 March 30, 1996 04 G1 96P}2:24 RCVD Mayor Jack Hayman, City Hall, 104 N. Riverside Drive, Edgewater, FL 32132 Dear Mayor: Kindly accept my resignation from the Economic Development Board. I note, for the record, that I have received a letter from E. McBride (dated March 26, 1996) stating that my appointment has been deemed vacant since I missed three consecutive meetings. Although I assume I ,ould argue this somewhat selective decision (it does seem that `rothers have missed similar numbers of meetings), on the basis of necessary and important personal business, I do not choose to do so. I have many other projects and plans that require my close attention, including the completion of my chemistry textbook. I do not see that there is anything more important I can do on the EDB. I found my term of service to be an interesting experience. My only regret is that this resignation may shift the membership balance on the EDB to one that is mainly composed of non - Edgewater residents. However, there is nothing I can do about that. Thank you. Yours truly, lor' Dr. Charles G. Gebelein 05- 14- 96P01:59 RCVD ' THE CITY OF EDGEWATER POST OFFICE BOX 100 — EDGEWATER, FLORIDA 32132 -0100 1 APPLICATION FOR APPOINTMENT TO CITY / BOARDS, AGENCIES G OR COMMITTEES NAME / Dim /.c. S 1 1 V7'1 60 (/'tom • ADDRESS 5 6- s Ca do -t 4-()Q N e Mkt 0 Sul r ��/��r� ,c�4r l, R- z(67 I HOME PHONE Lf x 7- BUSINESS PHONE yg Cj '` 7 y/ 7 ■ Q OCCUPATION V } Coe fee 51 J€,ir fa v'Ti:A, 60 06M c d rov opt ,oA) Are you a resident of Edgewater How long 1' • Is your principal place of employment in Edgewater? yP S • if yes how long? yca v s Briefly state y your interest in . serving on'a City board, agency or , committee: C 0 ►� O ltit^G �e'UP 1� {� T K�O t V d To 1421/ a 4x. P � e i �� �e W 1- Y1 X95► 0(755 /e�c;� i asp s, .. ,, ■ F < a, , t 1 ,' ,} t Are you a registered ?' Y e -5 ' 4 Do you hold public office ' K) v • Are you, em F lo ed b Y � p y by the City ;r •,,, •At h presen time, do ou on any other Boards, Agencies, or • committees? ■0 • • If.so list each: ,T; Have you ever served on +any boards, agencie , or po mittees? ' If so, list each` CVO' TQ:Y& n 3 (T ►JN7-0 n Icy', <eac (.. f &'rvcj() 1 .. Y /� a ;/ /, 4 a W, ,- 9K)rt) v .. cis � ) �)1 ?T - il„� _� U� � s (° �u T� � ��►�� ���►r -��� J ,fie ��s I/ S � n • (BOARD, AGENCY AND MEMBERS MAY,, BE ( REQUIRED TO FILE WITH THE STATE, FINANCIATJ DISCLOSURE FORMS YEAR) PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU • WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER BEAUTIFICATION & TREE COMM. CONSTRUCTION REGULATION BOARD CITIZENS CODE ENFORCEMENT ' FIRE PENSION BOARD GENERAL EMPLOYEES PENSION ECONOMIC DEVELOPMENT LAND DEVELOPMENT & REG. AGENCY • L IBRARY BOARD 1 POLICE PENSION BOARD PARKS AND RECREATION. BOARD VETERANS PARK ADV. COMMITTEE ' SENIOR AD H�VO TEE _ SIGNATURE , • / 4 v . DATE: , ■/ ii--g 6 1 • I ** SEE REVERSE SIDE FOR LISTING OF BOARDS, AGENCIES AND COMMITTEES ** • t • • } • � ,h . 1 1 , ry, of ; r r t'�t , '1 ' 05- 16- 96P12:40 RCVU• • 1 i ; Ir ) p,, I 1 j ,, ' APPLICATION FOR APPOINTMENT TO CITY '' BOARDS, AGENCIES OR COMMITTEES 1 NAME fit;• Grp' //� !c� } ADDRESS �G F� /S D� !-� V � �Ie rvq ,rer . • HOME . PHONE y2 g' L/ 7 . BUSINESS PHONE Soo- 9o/- 7 3 . / y4/ tf / • j ' .00CUPATION �o r1, � / re,. ' TPA 7- • � erk 'P / q y rs ,; + /, l : ux-z ='; Are you a resident of Edgewater Ve How long 6 ---- y f `;,rrrV t; i, Is your principal place of employment in Edgewater? /X if yes how long? • Briefly state your'interest in serving on'a City board, agency or ti4 . ee: vo A•e // er F, ` . ' .,committee: Gtc� cr /G d�r e C� ys�1.� CZ �fQr� ; r ... ,5":!'''',:•:;;;,-,',,-..:;,; l , ' 'A r e you a registered.. voter? /PG • ,Do you hold public office? M • r f +< <, r Are you employed by the City? / p jt f } r d!1} F 3,4: : f • 1 At the present time, do .you- serve on any.other Boards, Agencies, or fif,`.• '' _ committees? /j/U .�','� , s If so, list each: .f Have you ever served on any boards, agencies, or committees? �$` • , , , If `so, list each: `` 4 , ,' +t ;J w r C.DGC� r L�C /-1 „ • r I ( /// S �F I �f til., 1l +, ` ,4 `BOARD AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH f�,, :'THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) • •;ri , PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU t WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER BEAUTIFICATION & TREE COMM. s )�r ; CONSTRUCTION REGULATION !!'..i.: � > t •: BOARD • 1: •• CITIZENS CODE ENFORCEMENT _ '.t FIRE PENSION BOARD t!: ` GENERAL EMPLOYEES PENSION 1.k ;.T ECONOMIC DEVELOPMENT. LAND DEVELOPMENT & REG. AGENCY. r` I t: LIBRARY BOARD ” POLICE PENSION BOARD 1 P PARKS AND RECREATION A VETERANS PARK ADV. COMMITTEE .ii '.` SENIOR AD HOC CO ITTEE • . SIGNATURE e ... . DATE: S ?..ii SEE REVERSE SIDE FOR•LISTING OF BOARDS, AGENCIES AND COMMITTEES ** It • u• . • • 9 CCTV OF FDOIATER C 10d N. RIVERSIDE DRIVE I C L l7 „ `° � '' � ". * P.O. Box 100 - Edgewater, Florida 32132 -010 , -: (904) 428 -3245 SunCom 371 -7005 MAY ? 193 . �� Ci7 Y (:_ . .55/1/' LIT'� O APPLICATION FOR APPOINTMENT TO CITY Noire BOARDS, AGENCIES OR COMMITTEES NAME " / �l `0 s., ` /Zc ,.._ / ADDRESS' 97 • _ e HOME PHONE X2 2 8 ---- /C) 6 BUSINESS PHONE ' OCCUPATION , C°_G - (E Are you a resident of Edgewater ( .' How long .,57., -c4 /76 Is your principal place of employment in Edgewater? ) ) if yes how long? ,r" <,+ r Briefly state your interest in serving on a City board, agency or committee: ( . / .4/ , - -- .� /. c ->H . 1, . \.r ( 1 P.a /. 4 -r,(7� r� . -2zti� Q (� E% __(,--/: c._/ � / . r l �l . �. ,,,- -1' - Are you a registered voter? (4)- Do you hold public office? " Are you employed by the City? 40 At the present time do you serve on any other Boards, Ag ncies, or committees? If so, list each: /v.1 Have you ever served on any boards, agencies, or committees? If so, list each: 111, NOW (BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO TILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) IL PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU. WOULD LIKE TO SERVE ON AND RANK THEM ACCORDIi;t1 TO CHOICE BY $UMBER BEAUTIFICATION & TREE COMM. A BUILDING TRADES REGULATORY & APPEALS BOARD CITIZENS CODE ENFORCEMENT tV FIRE PENSION BOARD GENERAL EMPLOYEES PENSION I- INDUSTRIAL DEVELOPMENT (LAND DEVELOPMENT & REG. AGENCY LIBRARY BOARD (POLICE PENSION BOARD PARKS AND RECREATION BOARD VETERANS PARK ADV. COMMITTEE SENIOR AD HOC COMMITTEE SIGNATURE t _ . it r.jir / i-e-e, _. DATE: (,;;; ' O ** SEE REVERSE SIDE FO' STING OF BOARDS, AGENCIES AND COMMITTEE * 9 lq3 5- f ( ( 0 -c -1--c-re ed . . r ,i r CITY OF EDGEIVATER • 104 N. RIVERSIDE DRIVE 03 - , • * P.O. flox 100 - Edgewater, Florida 32132 0100 9 3 A 10 17 R C V D (904) 428 -3245 SUr1Corn 371 -7005 O pp A �rALtt'P APPLICATION FOR APPOINTMENT TO CITY BOARDS, AGENCIES OR COMMITTEES NAME OUNk1d • 1-0t/ ADDRESS 3O 7 6.r, h-_d, 1 -- C. HOME PHONE C 1N` 1 4� ( 2 OIV)3 BUSINESS PHONE qo� LIZ3 d)Og OCCUPATION W`�r iex' 1 Ar Are you a wesident of Edgewater ¥e,s _ How long .57' nn. Is your principal place of employment in Edgewater? Y< if yes how long? SO,vel, Briefly state your interest in serving on a City board, agency or committee: I f7 — 1 Lel w, a rli z¢ L � - eJt4W�.V rA ere r' � ��rr� /n /7176 cittSV ^WL rj" /i /• �i • r 11 A . t GC� t i flrJ A. 71, Q, Cure, , n t,J VG (7 -( -. 6 N Se 1L.%) y YS f- - lJ° u -rSO i'< ∎Iv i^ ( Snwt_, b ttt) .1 S rA'Gt1L[� Co me ul,� A.S t[Jfi�', Are you a registered voter? YeS Do you hold public office? \1to Are you employed by the City? 4v0 • At the present time, do you serve on any other Boards, Agencies, or committees? V'O If so, list each Have you ever served on any boards, agencies, or committees? If so, list each: 0..0 Now (BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO 'TILE MITI{ THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER BEAUTIFICATION & TREE COMM. BUILDING TRADES REGULATORY & APPEALS BOARD X CITIZENS CODE ENFORCEMENT FIRE PENSION BOARD GENERAL EMPLOYEES PENSION INDUSTRIAL DEVE_ *.,OPME::T LAND DEVELOPMENT & REG. AGENCY LIBRARY BOARD POLICE PENSION BOARD PARKS AND RECREATION BOARD VETERANS PARK ADV. COMMITTEE SENIOR AD HOC • MIT E SIGNATURE ru DA'Z'E: .3- 7rY`95 ** SEE REVERSE SIDE FOR LISTING OF BOARDS, AGENCIES AND COMMITTEES ** • THE CITY OF EDGEWATER POST OFFICE BOX 100- EDGEYVA1 Ell, FLORIDA 32132 -0100 APPLICATION FOR APPOINTMENT TO CITY s , BOARDS, � AGENCIES OR COMMITTEES NAME \\ . -- MSC F' lv ADDRESS ' 1 G \ UR c `) \.\/ HOME PHONE t -P 1 C o \ BUSINESS PHONE OCCUPATION E^ t l'� `)'" `.. ,P\ S. Are you a resident of Edgewater \ I How long SI N CC --- -A C V3 — Is your principal place of employment in Edgewater? if yes how long? Briefly state your interest in serving on a City board, agency or committee: ^ - �-\ v ‘C- \1) R - � - ts CV EA) (- C '\ N C I \ -- - t i �' E j ti \ E *4111.„ , - p �"_. - 71-k kE I tkA a, - To 3.0 St) E l\„I 0 Are you a registered voter? N c= Do you hold public office? 1 `\"t) Are you emiDloyed by the City? At the present tipe, do you serve on any other Boards, Agencies, or committees? 1v If so, list each: • Have you ever sere on any boards a enc ies, o committees ? __ , _ If so, list each: \\ - k- -1Nl) �KI ‘ .c s 1c - Ot \-r R1►.._L--._ t i___ cy p M At4+ c F LAWS , N--- 00.M f\ M C CodM !tit , - r - TEE t, Mayt3 IN N CHa-ttor'1 -f.! , C(VzPoLLJ a EIN U (LW r\Gi =, -- IR c_ k - _ v - •r •- �. Nair - � - C " \ 1 — (BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER BEAUTIFICATION & TREE COMM. GL,BUILDING TRADES REGULATORY & APPEALS BOARD CITIZENS CODE ENFORCEMENT FIRE PENSION BOARD GENERAL EMPLOYEES PENSION ECONOMIC DEVELOPMENT ‘ LAND DEVELOPMENT & REG. AGENCY LIBRARY BOARD POLICE PENSION BOARD PARKS AND RECREATION BOARD VETERANS PARK ADV. COMMITTEE SENIOR AD Or COMMITTEE SIGNATURE _aL , A DATE:"\ • ** SEE REVERSE SIDE FOR LISTING OF BOARDS, AGENCIES AND COMMITTEES ** 1 07-27-94A11 :47 RCVD `err. APPLICATION FOR APPOINTMENT TO CITY BOARDS, AGENCIES OR COMMITTEES NAME gi4Xr w. / ?D/�,c 5 ADDRESS ii-//PC r �,(:,c /)/?, HOME PHONE / Z7 - 7 9'/ BUSINESS PHONE h/27 - 29/ OCCUPATION /30) 6id /4i C eu,t/Ti' /4 e ro ,Z Are you a resident of Edgewater )4; How long 7/ yi - / Is your principal place of employment in Edgewater ? p if yes how long? FO/e ,i Briefly state your interest in serving on a City board, agency or committee: // /? ,✓f.A4, /-1' O ,Z ■77, r%//C City ;',‹ F fJ/ /l,E/'✓ b,U o .L /7r/ , 4JG7cc)z.e,47 A/c1Q eX,,ch' /F._./JC6. /Al rile .771;oiJ 2 f c) G) 2?e 4 i;fLoAr,al/F- ,1ssgr 7 e Are you a registered voter? )41 Do you hold public office? A29 Are you employed by the City? /Up At the present time, do you serve on any other Boards, Agencies, or committees? /Un If so, list each: Have you ever served on any boards, agencies, or committees? 4)0 If so, list each: 'fir (BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER BEAUTIFICATION & TREE COMM. BUILDING TRADES REGULATORY & APPEALS BOARD CITIZENS CODE ENFORCEMENT FIRE PENSION BOARD / GENERAL EMPLOYEES PENSION ECONOMIC DEVELOPMENT / LAND DEVELOPMENT & REG. AGENCY LIBRARY BOARD POLICE PENSION BOARD PARKS AND RECREATION BOARD VETERANS PARK ADV. COMMITTEE SENIOR AD HOC COMMITTEE SIGNATURE A/ , �,). DATE: 7 - 7 - ** SEE REVERSE SIDE FOR LISTING OF BOARDS, AGENCIES AND COMMITTEES ** a APPLICATION FOR APPOINTMENT TO CITY BOARD OR AGENLY ( c) Ve 5 Name I/ y R. to <-C"A- Uc-) 1�- S � (i Q f : T-�' //�� � 12). T Address a7 L / 1 Y IF / Fr J r Nome phone l 1. ,)7_ ---6) 4 ( O W x-)s ?6 c “ � n1 Ck �cJ 4- f Oc' a tion S ci l Klii n^ , l✓ f c) 0 f C- o,J Y Gi-� ,r-- Business 41.2.7 -5 ,9 Are you a resident of the City of Edgewater? / 00 Bow long have you lived in Edgewater? is your principal place of employment in Edgewater? IQ S If so, how long? /(j Q,t - / --s Briefly state your interest in serving on a City Board and list previous experience: / L f A 1'N re %Z J71 / /! ,c_. G✓.4 , * e. C, '7 Op er4 -e Artemyou a registered voter? \ I - e. S Do you hold a public office? / 06 ' Are you employed by the City? A ja At the present time, do you serve on any other Boards or Agencies? rUd If sc, list each: PLEASE INDICATE BOARDS OR AGENCIES YOU WOULD LIKE TO SERVE OF All Board Members MUST file financial disclosure each year Building Trades Regulatory b Appeals Board i Library Board Citizen Code Enforcement Board 0 / Merit Board Ge0.000a1 Employees Pension Board 51, Parks 6 Recreation Board S Industrial Development Board 3 Police Pension Board Land Development 6 Regulatory Agency (PLEASE INDICATE ALL BOARDS INTERESTED IN, AND RANK THEM ACCORDING TO CHOICE BY NUMBER) Signature: ' / �� • Date: .- * *See reverse side for listing of Boards and Agencies a 93 mil l 4 rE-C4°/ d ci 9 StIA 91 `ZY co ?F' L ,(p.,,,„,„„, } C orntty o 'V : t . ' y -, ° MAY 1 it ij ti P. BOLUS \P , .. .,,. COUNTY MANAGER LA ° Y'v`" R lir THOMAS C. KELLY ADMINISTRATION CENTER 123 WEST INDIANA AVENUE • DeLAND, FLORIDA 32720 -4612 // /J� May 20, 1996 TELEPHONE: (904) 736 -5920 • (904) 257 -6011 • (904) 423 -3860 I' We / �U PATRICIA NORTHEY y I'�v W �� CHAIRMAN / / � A D ISTRICT 5 G (/ ( j.. P/1 PAT PATTERSON VICE - CHAIRMAN DISTRICT 1 / Mr. George McMahon , LYNNE PLASKETT City Manager DISTRICT 1 `7 er g City of Edgewater FREDDYE C. MOORE P. O. Box 100 0 DISTRICT 3 Edgewater, FL 32132 -0100 R. STANLEY ROSEVEAR DISTRICT 4 PHIL GIORNO Re: Proposed Discussion /Sewerage AT LARGE ROBERT E. TUTTLE AT LARGE Dear George: LAv'"rNCE W. ARRINGTON Cl Thank you for your letter of May 5, 1996, regarding Edgewater providing wastewater treatment in our Southeast Volusia Service District. As you know, for years the County has planned a regional wastewater treatment plant, collection system and distribution facilities for reclaimed water. To this end, we successfully pursued and obtained funding through the State Revolving Fund (SRF) to support the system with minimal debt service costs -a savings we will be able to pass on to our customers. Construction will proceed through a series of phases, ultimately providing treatment capacity to serve existing customers throughout our service area plus any new residential and commercial development. After carefully considering your suggestion, we continue to have serious concerns with Edgewater's ability to duplicate this service, either in capacity, cost or consistency with environmental protections. Based on our understanding of the City's own 201 Plan, treatment facilities, even with upgrades and permit modifications, are only adequate to meet Edgewater's own growth needs. Any excess available capacity would be of limited duration. Eventually, the City will need additional treatment capacity. It will have to provide such capacity through costly new construction or more logically through an arrangement with the Southeast Regional Wastewater Treatment Facility; a concept we have discussed with you in the past. In addition, the City's wastewater treatment plant discharges into the Indian River Lagoon. While such discharge may technically occur within certain permit limitations, the County, and we believe the City, would not want to contribute to the expanded or prolonged use of this disposal Nosy method. Our planned reclaimed water disposal facilities will meet objectives for maximizing use of water resources and limiting pollutants in the valuable and sensitive Indian Lagoon environment. Page 1 of 2 Pages l otusut. to PrNhO On RtcyclW Pape Mr. George McMahon May 20, 1996 Page 2 of 2 Pages *law Given the foregoing, we will pursue our plans for the Southeast Regional Wastewater Treatment Plant and facilities. We believe these plans offer the best, most cost effective and environmentally sensitive approach to providing wastewater utilities in our Southeast Service Area. Moreover, time may be right for the City of Edgewater, while considering its own short or long term needs, to explore a service agreement with the County. We Zook forward to working with both Edgewater and Oak Hill in meeting utility service needs in Southeast Volusia. Si pelt', Lawr - ce W. Arrington County Manager LWA/TH /jI /ef cc: County Council Members _, Oak Hill City Commissioners Ray Pennebaker, Chief Operating Officer Terence M. Henry, Public Works Service Center Director Mary Anne Connors, Water and Utilities Service Group Director g: adm in /ei leen /letters /ewtr596.1wa INTER - OFFICE MEMORANDUM EDGEWATER, FLORIDA TO: City Council FROM: Krista A. Storey, City Attorney C.A. NO.: 96 -79 DATE: June 3, 1996 SUBJECT: Addition to Agenda - Retaining Dean, Ringers, Morgan and Lawton in Reference to Lillian Jaworski v. City of Edgewater On May 31, 1996, the Mayor was served with the attached Complaint regarding alleged injuries to Lillian Jaworski sustained while walking on the entrance road to Shangri -La Village. Joseph Flood of Dean, Ringers, Morgan and Lawton has represented the City in the following cases: Bertha Pusdrofski, Rita Malone, and Mary Louise McDonald. He currently represents the City in the Kahle and Maloney matters. The firm's current hourly rate to the City is a very reasonable $95.00. The firm was originally recommended by the League of Cities. I have been very satisfied with the firm's responsiveness and work quality to date. Accordingly, I recommend that the Council retain Mr. Flood's firm, Dean, Ringers, Morgan and Lawton in reference to this matter. KAS Attachment Copy to: City Manager City Clerk IN THE CIRCUIT /COUNTY COURT IN AND FOR VOLUSIA COUNTY, FLORIDA 96 -31147 CICI !r; 4;1 '0. PATRICK KENNEDY -DIV. 31 ‘‘ I GE LILLIAN JAWORSKI Jk4, TY OF EDGEWATER G S- ' �.. Plaintiff(s), Defendant(s). .3 A SUMMONS THE STATE OF FLORIDA: TO EACH SHERIFF OF THE STATE: r ,c ` �� Z,► YOU ARE HEREBY COMMANDED to serve this summons and a copy of the complaint or petition in the above styled cause upon the defendant(s): THE CITY OF EDGEWATER C/O GEORGE MCMAHON, CITY MANAGER 104 NORTH RIVERSIDE DRIVE EDGEWATER, FL Each defendant is hereby required to serve written defenses to said complaint or petition on plaintiff or plaintiff's attorney, whose name and address is: DAVID B. RUSSELL, ESQUIRE 213 SILVER BEACH AVE. DAYTONA BEACH, FL 32118 within 20 days after service of this summons upon that defendant exclusive of the day of service, and to file the original of said written defenses with the Clerk of Court at any of the three addresses listed on the reverse side of this summons either before service on plaintiffs attorney or immediately thereafter. If a defendant fails to do so, a default will be entered against that defendant for the relief demanded in the complaint or petition. MAY 21, 1996 Dated DIANE M. MATOUSEK CLERK OF CIRCUIT /COUNTY COURT sum: retd to pltf atty for SOP , /scl cc: pltf atty by mail B /S/ J. ®Quinn Deputy Clerk (seal) CL- 0224 -8412 • IN THE CIRCUIT COURT, SEVENTH JUDICIAL CIRCUIT, IN AND FOR VOLUSIA COUNTY, FLORIDA � CASE NO.: 96 -- 3 /�c/7 c7 DIVISION: ,9 4247a , LILLIAN JAWORSKI, Plaintiff, v. THE CITY OF EDGEWATER, Defendant. COMPLAINT Plaintiff, LILLIAN JAWORSKI, sues Defendant, THE CITY OF EDGEWATER, and alleges: 1. This is an action for damages that exceed Fifteen Thousand Dollars ($15,000.00). 2. The Defendant has been placed on notice of the Plaintiff's claim pursuant to Florida Statute Section 768.28, and a copy of the Plaintiff's correspondence is attached hereto as Plaintiff's Exhibit A. 3. At all times material hereto, Plaintiff was and is a resident of Volusia County, Florida residing at Shangri -La Village, Edgewater, Florida. 4. On February 19, 1993, defendant was responsible for the maintenance and safety of the road located at the entrance to Shangri -La Village, in the City of Edgewater, Volusia County, Florida. 5. At that time and place, Plaintiff was returning to her home in Shangri -La Village and was walking on the recently repaved • road when she slipped on some loose gravel and debris left from the new asphalt pavement. 6. Defendant negligently maintained the road by allowing the debris left by the construction crew to remain there and failed to warn the Plaintiff of said condition. 7. The negligent condition was known to Defendant or had existed for a sufficient length of time so that Defendant should have known of it. 8. As a result Plaintiff was injured in and about her body and extremities, suffered pain therefrom, incurred medical expense in the treatment of the injuries, and suffered physical handicap, and her working ability was impaired; the injuries are either permanent or continuing in nature and Plaintiff will suffer the losses and impairment in the future. WHEREFORE, Plaintiff demands judgment for damages against Defendant and requests a trial by jury. David B. Russell, Esquire Florida Bar No. 444911 Pappas, Tinsley & Russell, P.A. 213 Silver Beach Avenue Daytona Beach, FL 32118 (904) 254 -2941 Attorneys for Plaintiff r PAPPAS, TINSLEY & RUSSELL, P.A. 213 SILVER BEACH AVENUE DAYTONA BEACH, FLORIDA 32118 TELEPHONE (904) 254 -2941 GEORGE S. PAPPAS* DELAND (904) 736 -8590 3149 N. PONCE DELEON BLVD., #9 GARY W. TINSLEY FLAGLER (904) 439 -9287 ST. AUGUSTINE, FLORIDA 32095 DAVID B. RUSSELL FAX (904) 238 -0350 TELEPHONE (904) 825 -4200 *Also Admitted in New York April 11, 1995 CERTIFIED MAIL, RETURN RECEIPT REQUESTED and U.S. MAIL Ms. Charlene Runge, Safety Director /Dept. of Risk Management City of Edgewater Post Office Box 100 Edgewater, FL 32132 -0100 Dear Ms. Runge: We have the privilege of representing Lillian Jaworski. She was injured as a result of a fall on February 19, 1993, while walking on a street in the City of Edgewater, FL. Mrs. Jaworski was previously represented by attorney, Randal Schecter. You may already have notice of this incident. However, we are notifying you again pursuant to F.S. §768.28 of our intention to bring a claim on behalf of Mrs. Jaworski. ' Mrs. Jaworski's date of birth is 9/06/23. Her social security number is Mrs. Jaworski was injured while walking home from the Beauty Salon in Edgewater. She lives in Shangri - La Village and was walking on the north side of the road when she slipped on loose gravel. Apparently, the road had been recently repaved and the contractor had failed to clean the debris from the road. Moreover, there is no sidewalk in the area where she fell. Interestingly enough, ,there is a sidewalk that begins just to the west of where she fell. Unfortunately, she had not yet made it to the sidewalk when she fell and severely injured her low back. Mrs. Jaworski has treated primarily with Dr. Thurman Gillespy, Jr. According to Dr. Gillespy, she suffered a fracture on her low back and has a 10% permanent impairment. If you are familiar with Dr. Gillespy, you will know that he is a very conservative physician and a 10% impairment rating from him indicates a very significant injury. ";Z Ms. Charlene Runge, Safety Director/ Dept. of Risk Management City of Edgewater April 11, 1995 Page 2 Mrs. Jaworski's health care treatment thus far can be summarized as follows: Dr. Bruce Crew 2/23/93- 11/17/94 $ 244.00 Fish Memorial Hospital 2/25/93 690.00 5/11/93 _ 187.20 7/7/93 654.00 12/17/93 unknown 12/22/93 unknown 12/5/94 329.00 12/12/94 413.00 3/18/94 381.00 NSB Radiology 2/25/93 145.00 5/11/93 35.00 7/7/93 132.00 Dr. Clifford Chu 12/22/93- 12/12/94 3,940.00 Orthopaedic Clinic of Daytona Beach (Dr. Thurman Gillespy)5 /17/93- 10/25/93 1,069.00 TOTAL MEDICAL BILLS: $8,219.20 Mrs. Jaworski has authorized our law firm to settle her claim for $100,000.00. She will cooperate 100% with you in an effort to allow you to fully investigate this incident. We do have photographs which depict the area where she fell and the loose gravel present in the roadway and near the gutter. Please let us know your position within thirty (30) days. Sincerely, DBRR /ms Enclosures cc: The Hon. Jack H. Hayman, Sr., Mayor, City of Edgewater Chairman of the City Counsel (Jack H. Hayman, Sr.) Krista A. Storey, City Attorney, City of Edgewater Insurance Commissioner, Dept. of Insurance , Tallahassee Lillian Jaworski