04-21-1997 •
Voting Order
Councilman Hatfield
Councilwoman Martin
Councilman Hays
Councilman Mitchum
Mayor Hayman
AGENDA
CITY COUNCIL OF EDGEWATER
APRIL 21, 1997
7:00 p.m.
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE
2. APPROVAL OF MINUTES
A. Regular meeting of March 17, 1997
B. Special meeting of March 31, 1997
C. Regular meeting of April 7, 1997
3. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY
(Other than public hearings)
4. CITY COUNCIL REPORTS
5. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. Public hearing Ord. 97 -0 -06 Renumbering Chapter 11 Signs and
Advertising of Land Development Code
B. Public hearing Res. 97 -R -09 Consider request of Radnor /Edgewater,
Inc. for Abandonment of Portion of Starboard Avenue
C. Res. 97 -R -08 Establishing security procedures for absentee ballots
D. Res. 97 -R -10 Annual Halifax/Indian River Spring Cleaning Day April
26, 1997
E. Res. 97 -R -11 Supporting Cities of Port Orange, Deltona and Daytona
Beach in providing ambulance medical transportation services by
their respective municipal fire departments
6.. CONSENT AGENDA
A. Transfer of $2,358.21 from Special Law Enforcement Trust Fund into
General Fund
B. First Amendment to Interlocal Agreement with Volusian Water
Alliance
Agenda - City Council of Edgewater
April 21, 1997 Page two
7. OTHER BUSINESS
A. Community Development Block Grant Annual Plan for 1997 and
update of 5 -year budget projections
B. Florida Shores Roadway Improvement Project Part B contract change
order no. 5 to extend contract time 32 days and establish June 25,
1997 as final completion date
C. Request for special activity fund raising event for New Life Apostolic
Church to sell fireworks at Florida Shores Shopping Center
D. Consideration of continuation of medical insurance for employees
injured on duty (Tabled March 3, 1997)
E. Discussion of DOT's preliminary plans for widening SR 442/
Engineering and staff report
F. Discussion of County's response /wastewater treatment plant
G. City Attorney, City Clerk, and City Manager Agreements
8. GENERAL CITIZEN COMMENTS /CORRESPONDENCE
9. OFFICER REPORTS
10. ADJOURN.
NOTE: All items for inclusion on the May 5, 1997, agenda must be received by the City
Manager's office no later than 4:30 p.m. Monday, April 28, 1997.
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.
AGENDA REQUEST
C.A. NO.: 97 -77
Date: April 14, 1997
PUBLIC
HEARING 04/21/97 RESOLUTION ORDINANCE
OTHER
CONSENT BUSINESS CORRESPONDENCE
ITEM DESCRIPTION /SUBJECT:
Public Hearing Ordinance No. 97 -0 -06 Renumbering Chapter 11 Signs and
Advertising of the Land Development Code
BACKGROUND:
It was discovered that Chapter 11 of the Land Development Code was
already assigned to Outside Storage, therefore it is necessary to
renumber Signs and Advertising to Chapter 12 instead of Chapter 11. On
April 7, 1997, the City Council approved attached Ordinance No. 97 -0 -06
on first reading. Notice of the April 21, 1997 public hearing was
published on April 10, 1997 in the Daytona News Journal.
``r/ RECOMMENDATION /CONCLUSION:
Staff recommends that the City Council consider adoption of Ordinance
No. 97 -0 -06.
FUNDS AVAILABLE: (ACCOUNT NUMBER)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO XX
DATE: AGENDA ITEM NO.
Respectfully submitted, Concurrence:
M 4
K sta A. torey ,J eorge McMahon
City Attorney City M ager
low
KAS /rmw
Attachment
ORDINANCE NO. 97 -0 -06
AN ORDINANCE OF THE CITY COUNCIL OF EDGEWATER, FLORIDA;
AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF
EDGEWATER, FLORIDA BY RENUMBERING CHAPTER 11 (SIGNS AND
*tore ADVERTISING) TO CHAPTER 12 (SIGNS AND ADVERTISING);
PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE AND FOR
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida,
has made the following determinations:
1. Subsequent to the adoption of Ordinance No. 97 -0 -02 which
amended the Land Development Code by adding Chapter 11 Signs and
Advertising, it was discovered that Chapter 11 had already been
assigned to a chapter entitled Outside Storage pursuant to the
adoption of Ordinance No. 96 -0 -01.
2. It is necessary to renumber the chapter entitled Signs and
`„y► Advertising to Chapter 12.
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART B. RENUMBERING OF CHAPTER 11 (SIGNS AND ADVERTISING) OF
THE LAND DEVELOPMENT CODE OF THE CITY OF EDGEWATER, FLORIDA.
Chapter 11 (Signs and Advertising) of the Land Development
Code of the City of Edgewater, Florida, adopted pursuant to
Ordinance No. 97 -0 -02 is hereby renumbered to Chapter 12 (Signs and
Advertising).
PART C. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof
in conflict with this ordinance, are hereby superseded by this
ordinance to the extent of such conflict.
Now
PART D. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or
declared to be unconstitutional, inoperative, or void, such holding
shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be
inapplicable to any person, property, or circumstances, such
holding shall not affect its applicability to any other person,
property, or circumstance.
PART E. EFFECTIVE DATE.
This Ordinance shall take effect on
97 -0 -06 1
PART F. ADOPTION.
After Motion by Councilman Mitchum and Second by Councilman
Hatfield, the vote on the first reading of this ordinance held on
April 7, 1997, was as follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Danny K. Hatfield AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
After Motion by and Second by , the
vote on the second reading of this ordinance was as follows:
Mayor Jack H. Hayman, Sr. XXX
Councilman Danny K. Hatfield XXX
Vice Mayor Louise A. Martin XXX
Councilman Mike Hays XXX
Councilman David L. Mitchum XXX
PASSED AND DULY ADOPTED this XXX day of XXXXXXXX, 1997.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Now
By:
Susan J. Wadsworth Jack H. Hayman, Sr.
City Clerk Mayor
APPROVED FOR FORM & CORRECTNESS:
Krista A. Storey
City Attorney
97 -0 -06 2
s.3.
AGENDA REQUEST
C.A. NO.: 97 -76
Date: April 15, 1997
PUBLIC
Ni" HEARING 04/21/97 RESOLUTION 04/21/97 ORDINANCE
OTHER
CONSENT BUSINESS CORRESPONDENCE
ITEM DESCRIPTION /SUBJECT:
Public Hearing /Resolution No. 97 -R -09 to Consider the Request of
Radnor /Edgewater, Inc. for the Abandonment of a Portion of Starboard
Avenue
BACKGROUND:
On March 17, 1997, the Council preliminarily considered the request of
Radnor /Edgewater, Inc. to abandon a portion of Starboard Avenue. See
attached map. Aside from the gate issue (which has been addressed
through the proposed conditions for abandonment), Staff had no
objections In addition to the Staff presentation, the Council heard
from Harry Carls, an attorney representing the Association of Edgewater
Landing Owners, Inc. (Association) and Marty Berg, representing
Radnor/Edgewater, Inc..
"`Attached Resolution No. 97 -R -09 has been drafted to reflect the
discussion at that meeting. Section 2 of the resolution sets forth
three proposed conditions: 1) The granting of a perpetual easement to
the City over the abandoned portion of Starboard Avenue for the purpose
of providing access to emergency vehicles; 2) A requirement that the
Association maintain the abandoned portion consistent with the City's
maintenance of the remainder of Starboard Avenue; and 3) A requirement
that the Association erect and maintain a mechanized gate at the
intersection of Starboard Avenue and US 1 pursuant to the specifications
established by the Department of Fire and Rescue Services. Mr. Carls
has reviewed the proposed resolution and on April 9, 1997, indicated his
approval.
Attached are letters from Radnor /Edgewater, Inc. and the Association of
Edgewater Landing Owners, Inc. requesting the abandonment. Notice of
the request for abandonment was advertised in The News - Journal on April
9, 1997, and the adjoining property owners were notified in a letter
dated April 4, 1997.
RECOMMENDATION /CONCLUSION:
Staff recommends that the City Council consider adoption of Resolution
No. 97 -R -09 granting the requested abandonment.
FUNDS AVAILABLE: (ACCOUNT NUMBER)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES XX NO
DATE: March 17, 1997 AGENDA ITEM NO. 7B
New
Respectfully submitted, Concurrence:
1-7k Zr
Kri to A. Storey CI Geo geZ Z. McMahon
City Attorney City Manager
KAS
Attachments
vow
RESOLUTION NO. 97 -R -09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, ABANDONING A PORTION OF
STARBOARD AVENUE LYING EASTERLY AND ADJACENT
ftme
TO US HIGHWAY NO. 1; PROVIDING THAT EACH
ABUTTING PROPERTY OWNER TAKES TITLE TO THE
CENTER OF THE RIGHT -OF -WAY; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION IN THE PUBLIC
RECORDS OF VOLUSIA COUNTY; REPEALING ALL
RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, Florida
has made the following determinations:
1. Radnor /Edgewater, Inc. has requested the abandonment of
a portion of Starboard Avenue lying easterly and adjacent to US
Highway No. 1.
2. A public hearing was held on April 21, 1997, after
notice of the request was published in The News - Journal on April 9,
1997, and notifying by mail all property owners who own real
property directly affected by the proposed action and all property
owners who own real property within 500 feet of the subject
property.
3. The City Council has determined that it is in the best
interests of the citizens of Edgewater to approve the requested
abandonment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
, of Edgewater, Florida:
Section 1. Subject to the conditions set forth in Section
2 below, the following described portion of Starboard Avenue is
hereby abandoned:
A portion of Starboard Avenue, a 50 foot wide
right -of -way as shown on the plat of Edgewater
Landing Phase II, as recorded in Map Book 43,
Pages 31 through 33, being more particularly
described as follows:
Begin at the Southwest corner of Parcel "D ",
said Edgewater Landing Phase II, also being on
the Easterly right -of -way line of U. S.
Highway No. 1, a 158.00 foot wide right -of-
way, and also being on the Northerly right -of-
way line of said Starboard Avenue;
97 -R -09 1
Thence along the said Northerly right -of -way
line of Starboard Avenue N 80 ° 36'23" E, a
distance of 251.60 feet, thence along the
Southerly prolongation of the line common to
Lot 295 and said Parcel "D ", said Edgewater
L.• Landing Phase II, S 15 ° 52'03" E, a distance of
50.32 feet, to the Southerly right -of -way line
of said Starboard Avenue, being the Northerly
line of Parcel "E ", said Edgewater Landing
Phase II; thence along said Southerly right -
of -way line of Starboard Avenue S 80 ° 36'23" W,
a distance of 251.60 feet, to the said
Easterly right -of -way line of U. S. Highway
No. 1; thence along the said Easterly right -
of -way line of U. S. Highway No. 1, N
15 ° 52'03" W, a distance of 50.32 feet to the
POINT OF BEGINNING.
Containing 12,803 square feet (0.29 acres),
more or less.
Section 2. This abandonment is specifically conditioned
upon satisfaction of the following items:
a. The Association of Edgewater Landings owners, Inc.
shall grant to the City a perpetual easement over that
the abandoned portion of Starboard Avenue described in
Section 1 for the purpose of providing access to
emergency vehicles. Prior to recording, the easement
shall be approved as to form and correctness by the City
Attorney.
b. The Association of Edgewater Landings owners, Inc.
shall be responsible for maintaining the abandoned
portion of Starboard Avenue described in Section 1 in a
manner consistent with the City's maintenance of the
remainder of Starboard Avenue.
c. The Association of Edgewater Landings owners, Inc.
shall replace the existing gate at the in ersection of US
1 and Starboard Avenue with a mechanized gate. The gate
shall have an uninterruptible power supply and vehicle
sensor installed in the roadway east of the gate which
, will activate the gate to open when the gate is
approached from within Edgewater Landings. In
conjunction with mechanized gate, The Association of
Edgewater Landings Homeowners, Inc. shall purchase,
install, and maintain a Knox box pursuant to the
specifications established by the Department of Fire and
Rescue Services. The Knox box shall enclose a keyless,
non - programmable roadside switch to open the gate.
Section 3. Upon abandonment, each abutting fee owner takes
title to the center of the right -of -way.
Section 4. Upon adoption and satisfaction of the
conditions set forth in Section 2, notice thereof shall be
published within thirty (30) days in The News - Journal. Thereafter
proof of publication of the notice of public hearing, proof of
97 -R -09 2
publication of the notice of adoption and a copy of this resolution
shall be recorded in the Public Records of Volusia County. A copy
of the resolution shall also be filed with the Volusia County
Property Appraiser and the Mapping Division of the Volusia County
Growth Management Department.
Section 5. All resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed.
Section 6. This resolution shall take effect upon
recording.
After motion by and Second by
, the vote on this resolutions was as follows:
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 April, 1997.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Jack H. Hayman, Sr.
City Clerk Mayor
APPROVED FOR FORM & CORRECTNESS:
Krista A. Storey
City Attorney
97 -R -09 3
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gECEIVED
BEC Z 3 1996
COMMUNITY DEV.
g ewiter
•
Land mg
December 16, 1996
Mark Karat
Community Development
City of Edgewater
P.O. Box 100
Edgewater, F1 32132 -0100
Dear Mr. Karat:
In behalf of the Association of Edgewater Landing Owners,
Inc., we are requesting abandonment of a section of the City of
Edgewater owned road right -of -way at the south entrance to
Edgewater Landing as shown on the attached sketches. To the
best of our knowledge the abandonment of this section of the
road will not affect the ownership or right of convenient access
of abutting property owners.
This section of road is part of the road system in
Edgewater Landing, owned by the City of Edgewater and shown on
•
the plat for Phase II as recorded with Volusia County Plat Book
42, Page 33 and as shown on the attached recorded plat; and as a
section of City road it is tax - exempt and there is no tax roll
showing this exemption.
Edgewater Landing is a guarded community with a guard on
duty at the main entrance 24 hours a day for the safety and
protection of the residents of Edgewater Landing. With the
approval of the City of Edgewater we have been temporarily
gating the south entrance every night since Phase II was
constructed. For the well being and protection of the whole
community we would like to continue this practice and to do so
we would require the City to abandon this section of road. We
fully realize that the police and fire department will need
quick and easy access through this entrance in case of emergency
therefore we will follow their suggestions and specifications
for securing this gate.
err We appreciate
your consideration in helping us accomplish
this matter.
- incer7,
Marte Berge
Radnor /Edgewater, Inc.
P.O. Box 1179 • Edgewater, FL 32132 • 904/423 -0221 • FAX 904/426 -2268 • Toll Free: 800/635 -2272
• + —+- fie ��� F � v e �..,
Association of Edgewater >� P�
dgewater Landing Owners, Inc.
601 Homeport Terrace
Edgewater, Florida 32141
(904) 423 - 3821
January 2, 1997 r; cE ;/
Mr. Mark Karet, Director JAN 0 2 'na7
Community Development Department COMM UNITY EV.
City of Edgewater
104 N. Riverside Drive
Edgewater, FL 32132
Dear Mark,
The Association at Edgewater Landing has been transferred by the developer to the homeowners as of January 1,
1997. The new Board of Directors has become aware of a serious problem regarding the security of our elder
community. The south entrance at Starboard Avenue has been gated for the last several years which in conjunction
with our security guard post at Homeport Terrace provide security which our homeowners expect to continue.
Unfortunately several weeks ago we discovered that the southern entrance which we had been promised title to as a
private road had been turned over to the city.
The developer, Radnor Corporation, has applied for abandonment of the section of Starboard Avenue to correct this
'Illaswerror. We realize that as part of that process questions of emergency access and egress will come up. The
Association is also concerned about emergency access and has discussed this many times in the past year. There
have been many suggestions on how to provide the access compatible with the security that our homeowners were
promised.
The Board of Directors is proposing to install a motorized gate to solve the emergency access problem. We would
suggest a system of either electric key or remote control opening of the gate for ingress along with either the same
for egress or possibly a sensor embedded in the street for egress operation of the gate. The gate would be on a
timer providing a closure after perhaps 10 -15 seconds. In order to insure service during power failures we would
most likely install a back up battery/inverter system for maximum safety.
We would welcome the City's input on the gate system before we proceed. The Association in addition to installing
this system at its expense would also provide any keys or remote control to all City emergency vehicles. We would
also provide quarterly maintenance if remote controllers were supplied in order to unsure reliability.
Sincerely,
4✓
H.T. Hagan r
President.
C: V i o a \e n g \kare t 9 7.102
C
AGENDA REQUEST
C.A. NO.: 97 -66
Date: 04/15/97
PUBLIC
HEARING RESOLUTION 04/21/97 ORDINANCE
OTHER
CONSENT BUSINESS CORRESPONDENCE
ITEM DESCRIPTION /SUBJECT:
Resolution No. 97 -R -08 Establishing Security Procedures for Absentee
Ballots
BACKGROUND:
In 1995 the Florida Legislature applied the election code to
municipalities. Accordingly it is necessary for the City to establish
procedures regulating the issuance, maintenance and completion of
absentee ballots in municipal elections. Attached Resolution No. 97 -R-
08 proposes such procedures.
In another election issue, Staff is requesting direction from the
council. Pursuant to Chapter 95 -462, Special Acts of Florida, the City
elections shall be held at the time established by the Election Code for
second primaries - that is five weeks before the general election. This
year the election will be held on September 30, 1997. Section 3.04 of
the Charter provides that the term of office for Councilmembers shall
begin the first Wednesday after the first Monday in November. As the
result of the change in election dates, the new Council would not take
office until five (5) weeks after the election. Previously, a new
Council took office the day after the election. If the Council desires,
pursuant to Section 7 of Chapter 95 -462 and Section 166.021(4), Florida
Statutes, it is my opinion that this provision of the Charter may be
amended by ordinance. One option may be to establish the next regular
Council meeting after the election as the date the new term begins.
This would allow a "grace" period in case election results have not been
finalized by the day after the election. Section 1 of Resolution 94 -R-
01 establishes the first and third Mondays of the month as regular
Council meeting dates. If the Council wishes to leave the term of
office as it is currently established in the Charter, that is consistent
with Chapter 95 -462 which provides that municipal officers shall take
office no later than the second Tuesday after the first Monday in
January.
*err
RECOMMENDATION /CONCLUSION:
Staff recommends that the City Council consider approval of Resolution
No. 97 -R -08. In addition, Staff requests direction regarding the date
term of office should begin.
FUNDS AVAILABLE: (ACCOUNT NUMBER)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO XX
Noir
DATE: AGENDA ITEM NO.
Respectfully submitted, Concurrence:
Krista A. Storey George . McMahon
City Attorney City Ma ager
4
Susan J
City Clerk
KAS /rmw
Attachment
Now
RESOLUTION N0. 97-R - 08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, ESTABLISHING SECURITY
PROCEDURES FOR ABSENTEE BALLOTS; REPEALING ALL
RESOLUTIONS IN CONFLICT HEREWITH AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Edgewater desires to maintain the highest
standards of adherence to pertinent State election laws and to
maintain the highest integrity regarding the administration of
local municipal elections; and
WHEREAS, in 1995 the Legislature applied the election code to
municipalities; and
WHEREAS, it behooves the City Council of the City of Edgewater
to establish security procedures regulating the issuance,
maintenance and completion of absentee ballots in municipal
elections.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Edgewater, Florida:
Section 1. The City of Edgewater hereby establishes
procedures regarding the issuance, maintenance and completion of
absentee ballots in municipal elections as set forth in Exhibit A
which is attached hereto and incorporated by reference.
Section 2. If any section, sentence, clause or phrase of
the established procedures are held to be invalid or
unconstitutional by any court of competent jurisdiction, then said
holding shall in no way affect the validity of the remaining
New
portion of said procedures.
Section 3. A copy of this Resolution shall be forwarded to
the Volusia County Supervisor of Elections by the City Clerk.
Section 4. All resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed.
Section 5. This resolution shall take effect immediately
upon adoption.
After motion by and second
by , the vote on this resolution is as
N oir follows:
97 -R -08 1
Mayor Jack Hayman, Sr. XXX
Councilman Danny Hatfield XXX
Councilwoman Louise A. Martin XXX
Noir
Councilman Mike Hays XXX
Councilman David L. Mitchum XXX
PASSED AND DULY ADOPTED this day of
, 1997.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Jack H. Hayman, Sr.
City Clerk Mayor
APPROVED FOR FORM
AND CORRECTNESS:
Krista A. Storey
City Attorney
\.r
97 -R -08 2
EXHIBIT "A"
CITY OF EDGEWATER
SECURITY PROCEDURES REGARDING ABSENTEE BALLOTS
\r
POLICY: ISSUANCE OF ABSENTEE BALLOTS
Based upon Section 101.62, Florida Statutes, and the City's
intent to maintain the highest standards of adherence to
pertinent State election laws and to maintain the highest
integrity in the administration of local municipal elections, the
following policy shall be adhered to by the City of Edgewater
regarding the issuance, maintenance and completion of absentee
ballots for municipal elections.
1. The City Clerk, designated as the Chief Elections Officer of
the City, shall be responsible for all security procedures
relating to the issuance, maintenance and completion of
absentee ballots for the City of Edgewater elections. The
City Clerk shall be authorized to delegate any or all of the
said responsibilities to the Volusia County Supervisor of
Elections; whereby, security procedures as set forth by the
Supervisor of Elections for Volusia County shall take
precedence.
+.. 2. In advance of City of Edgewater municipal election dates and
in accordance with prescribed election law, the Chief
Elections Officer in conjunction with the Volusia County
Supervisor of Elections shall correspond with registered
voters living outside of Volusia County to provide written
notice of a scheduled election in order that the elector may
make a request for an absentee ballot.
3. The Chief Elections Officer shall sign for receipt of
ballots on the appropriate form supplied by the Volusia
County Department of Elections, and the ballots shall be
inspected for numerical sequence and completeness. The
Chief Elections Officer shall deposit the absentee ballots
and all accompanying pertinent materials in a locked cabinet
located within the City Hall vault. The Chief Elections
Officer shall remove the ballot materials from the locked
cabinet for the purpose of issuance, maintenance and
completion of ballots, returning the ballots to the security
of the locked cabinet upon execution of assigned work
involving said ballots. The Chief Elections Officer and her
designee will have sole custody of the key to the cabinet.
4. Requests for absentee ballots from registered voters in good
standing, within the municipal boundaries of the City of
Edgewater, or from a person designated by the elector to
1
make such a request, shall be accepted by the Chief
Elections Officer in person, by mail, by telephone or by
facsimile machine. All such requests shall be placed on the
City's approved Absentee Ballot Request Form attached
hereto as Exhibit 1, by the elector, if in person, or by the
*ow Chief Elections Officer, if the request is made by
telephone, facsimile machine or through written
correspondence. All requests made by facsimile machine or
through written correspondence shall be appended to an
approved City Absentee Ballot Request Form which shall be
executed by the Chief Elections Officer.
5. The Chief Elections Officer shall make every effort to
determine if a request for an absentee ballot is, in fact,
made by or for a registered voter in good standing within
the municipal boundaries of the City of Edgewater by
ascertaining that the petitioner /elector is so listed on the
current Volusia County Registered Voter's List as compiled
by the Volusia County Department of Elections at the close
of the voter registration books in accordance with
prescribed law prior to said election. Said confirmation
shall be made in a timely manner so as not to impede the
delivery of the absentee ballots to the petitioner /elector.
6. The Chief Elections Officer shall provide by mail, in
person, or by facsimile machine any number of blank City-
approved Absentee Ballot Request Forms to any individual
requesting said forms, but shall only accept said forms when
fully executed and signed by an elector /registered voter
whose name is in good standing with the Volusia County
Department of Elections as a registered voter within the
corporate limits of the City of Edgewater, as set forth in
paragraph 5. In the event said request form is returned
without pertinent information and /or the signature of the
elector /registered voter, the Chief Elections Officer shall
make an effort to contact the petitioner concerning these
matters.
7. In the event it is determined that the petitioner /elector is
not on the current printed Volusia County Registered Voter's
List as set forth in paragraph 5, the Chief Elections
Officer shall, in a timely manner, contact the Volusia
County Department of Elections by telephone to ascertain
whether said petitioner /elector is a registered voter in
good standing within the corporate limits of the City of
Edgewater and shall proceed according to the information
supplied by the Volusia County Department of Elections as to
rr whether an absentee ballot shall be mailed or provided in
person to the petitioner.
2
8. In the event the Chief Elections Officer determines the
petitioner is not a registered voter in good standing as set
forth in paragraph 7, the Chief Elections Officer shall make
every effort via telephone or by mail to notify the
petitioner that an absentee ballot will not be forwarded and
that the petitioner should contact the Volusia County
Department of Elections concerning the status of their voter
registration.
9. If the Chief Elections Officer determines that a request for
an absentee ballot is being made by a petitioner who has
moved outside the corporate limits of the City of Edgewater,
and said petitioner has not changed his or her voter
registration to the new precinct, the Chief Elections
Officer shall notify the petitioner, verbally or in writing,
that said petitioner must contact the Volusia County
Department of Elections and vote in accordance with
prescribed election law. The Chief Elections Officer shall
not knowingly provide an absentee ballot to any registered
voter who no longer resides within the corporate limits of
the City of Edgewater and has failed to notify the Volusia
County Department of Elections that he or she is residing in
a new precinct.
10. In the event the petitioner can produce no voter
registration identification card, the Chief Elections
Officer shall assist the petitioner in the process of
tolor
obtaining a new voter identification card and shall, upon
the production of satisfactory personal identification by
the petitioner, issue an absentee ballot to the petitioner
if the petitioner /elector's name is found to be in good
standing with the Volusia County Department of Elections as
set forth in paragraph 5. All such actions shall be listed
by the Chief Elections Officer within the comment section of
an absentee ballot log.
11. The Absentee Ballot Log, attached hereto as Exhibit 2, shall
be maintained by the Chief Elections Officer for the purpose
of tracking the request, distribution and return of all
absentee ballots, and shall include a comment section for
notations as to the reason for any request to receive an
absentee ballot made by an individual other than the elector
or the petitioner /elector's immediate family or to note any
irregularities ascertained in determining an elector's
standing with the Volusia County Department of Elections as
set forth in paragraph 5. Ballots picked up by the elector
or his /her designee shall be so noted within the comment
%r ,, section of the absentee ballot log.
12. Requests for absentee ballots to be picked up by a person
designated by the elector and delivered by that designee to
3
the elector shall be accepted under the following
conditions:
A) The designee must provide written authorization from
the elector, naming the designee and specifying for
"' 11110 ' which election the absentee ballot is being requested.
A copy of the authorizatio�a),l be sent by facsimile
machine to the Supervisor ° f ee 4 fication of the
voter's signature. Such written permission shall be
appended to the City's approved absentee ballot request
form.
B) A designee is limited to pick up and deliver a total of
two absentee ballots per election, other than the
designee's own ballot, except that said designee may
pick up additional ballots for members of the
designee's immediately family as set forth in Section
101.62(4)(b), Florida Statutes. A primary and a
general election shall be considered as separate
elections.
C) Said designee shall provide personal picture
identification in the form of a driver's license, or
other similar identification deemed sufficient by the
Chief Elections Officer and shall complete the Absentee
Ballot Designee Affidavit prior to picking up any
v absentee ballot as set forth above. The Absentee
Ballot Designee Affidavit is attached hereto as Exhibit
3.
D) In addition to listing on the Absentee Ballot Log the
name of the elector to whom the absentee ballot is
being issued, a log listing said designee, shall be
maintained. This log attached hereto as Exhibit 4,
which shall also include the name and voter
identification number of those electors for whom the
petitioner has picked up absentee ballots to assure
that no petitioner picks up more than two ballots as
set forth in paragraph 12(B).
13. The Chief Elections Officer shall only provide an absentee
ballot to a candidate for use by the candidate personally or
for a member of said candidate's immediate family after the
conditions in paragraph 12 have been met.
14. The Chief Elections Officer shall not determine the identity
of any petitioner who claims to be a registered voter within
'fir the corporate limits of the City of Edgewater except through
petitioner's production of personal identification and a
voter registration identification card. The Chief Elections
Officer shall determine if the petitioner is a registered
4
voter as prescribed in paragraph 7, prior to issuing an
absentee ballot in person to a petitioner.
15. The Chief Elections Officer shall provide copies of all
requests for all absentee ballots to the Volusia County
'r. Department of Elections and said Department of Elections
shall provide copies of all requests for absentee ballots
for voters within the City's boundaries to the Chief
Elections Officer. When there is a County and City election
held the same year, the Chief Elections Officer shall
compare such requests with the Absentee Ballot Log to assure
that duplicate ballots are not mailed to the
petitioner /elector.
16. The Chief Elections Officer shall compare signatures on all
fully executed, returned absentee ballots with the
registered voters' signatures on file in the Volusia County
Department of Elections prior to the counting of the
absentee ballots. Any returned absentee ballots which come
under question by the Chief Elections Officer as a result of
missing or questionable information on the absentee ballot,
including signatures, shall be presented to the canvassing
board, consisting of the Chief Election Officer or her
designee and the City Attorney or her designee, for a final
decision concerning the acceptance or denial of the absentee
ballots.
17. After the returned absentee ballots are received by the
Chief Elections Officer and prior to transport to the
Volusia County Department of Elections, the ballots will be
reconciled against the Absentee Ballot Log. The Chief
Elections Officer shall also reconcile the number of
absentee ballots originally received from the Volusia County
Department of Elections with the number of absentee ballots
provided to electors and the number of absentee ballots
remaining to be returned to the Volusia County Department of
Elections, using the Ballot Report Form supplied by the
Volusia County Department of Elections and attached hereto
as Exhibit 5.
18. Absentee ballots will be accepted by the Chief Elections
Officer at the Edgewater City Hall until 7:00 p.m. on the
night the election is held. The Chief Elections Officer or
her designee, and the City Attorney or her designee shall
hand carry returned absentee ballots, as well as any
relevant materials as required by the Volusia County
Department of Elections, to the Volusia County Department of
`w Elections as soon as possible after 7 p.m. on the night of
the election. The names of the persons transporting ballots
and their time of departure and arrival shall also be
recorded with the Edgewater Police Department. As an
5
alternative, the Chief Elections Officer may contract with
the Volusia County Department of Elections to transport
absentee ballots that have come in by 6:00 p.m.
19. Upon the arrival at the Volusia County Department of
1100 Elections, the Chief Elections Officer or her designee and
City Attorney or her designee, shall tabulate absentee
ballots. If there is any discrepancy, all steps necessary
to correct any imbalance will be taken, including but not
limited to: hand counting absentee ballot envelopes and
double checking each envelope to ensure that all ballots
have been removed. The Chief Elections Officer shall return
all unvoted and voted ballots to the Volusia County
Department of Elections for their custody for the required
retention period and shall return all other related
election supplies, secrecy envelopes, mailing envelopes,
etc. to the Volusia County Department of Elections and
provide a xerox copy of the absentee ballot log to the
Volusia County Department of Elections at the time of the
absentee ballot canvassing.
20. The City Council, shall, in accordance with the City
Charter, be the judge of the election and shall within 3
days after said election, canvass the election returns and
declare the results.
21. The Chief Elections Officer may delegate various aspects of
`'•' work relating to the issuance of absentee ballots to support
staff in her absence; however, it is the goal of the City
Clerk /Chief Elections Officer to limit the handling of
absentee ballots and pertinent materials relating to said
work to as few individuals as possible in order to maintain
integrity in the absentee balloting system and eliminate any
possibility for miss communication or error.
EXIBITA.FIN
6
EXHIBIT 1
CITY OF EDGEWATER
REQUEST FOR ABSENTEE BALLOT
NAME REGISTERED
VOTER ID#
PRECINCT# TELEPHONE NUMBER
DATE OF BIRTH PLACE OF BIRTH
RESIDENCE ADDRESS
CITY STATE ZIP
ABSENTEE BALLOT REQUESTED FOR THE FOLLOWING ELECTIONS
EDGEWATER PRIMARY
EDGEWATER GENERAL
BALLOT TO BE MAILED TO:
ADDRESS
CITY STATE ZIP[
SIGNATURE OF VOTER REQUESTING BALLOT DATE
141 ''' SIGNATURE OF PERSON TAKING REQUEST
1 N<t1
I N3
Mli 111 (?
tD
0
*ft. 111111111111111
111 NEM a
0
CR I
111111111111 1011
.E� v
1
EXHIBIT 3
Nifty CITY OF EDGEWATER
ABSENTEE BALLOT
DESIGNEE AFFIDAVIT
I (must show picture identification) do
(Name of Designee)
hereby certify that has authorized me
(Name of Voter)
to pick up his/her ballot for the election to be held on and
(Date)
to the best of my information and belief this elector is qualified as an absentee for the
reason listed in Section 101.64 (1) Florida Statutes.
, Date
Signature of Designee Voters Id Number
Subscribed and sworn to (affirmed) before me this day of
,19
Chief Election Officer or Her Designee
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• VOLUSIA COUNTY FLORIDA, l R
EXHIBIT 5
ATTACI RESULTS TAPE HERE::'
DATE: ELECTION:
PRECINCT: . BALLOT TYPE:
Nifty ,env
^� ...... t \ 'b. sextY'S ado:;- ...'2'"' + ps � jryG . - _
. £ yr ' 0.k. f
:'. �: >.. h ?z F o: r.� coq >a
1. BALLOT CARDS RECEIVED — BEFORE POLLS OPEN
2. UNUSED BALLOT CARDS — AFTER POLLS CLOSE
(UNUSED BALLOT PACKS z 50 + CARDS IN PARMLlv.U& PACKS)
3. SPOILED BALLOT CARDS — WHILE POLLS OPEN
(BALLOT CARD DAMAGED AND RETURNED; VOTER RECEIVED NEW CARD)
4. TOTAL UNUSED AND SPOILED BALLOT CARDS
( L+t2 AND LLNE
5. TOTAL NUMBER OF BALLOT CARDS USED
(SUBTRACT LINE 4 FROM LINE 1)
r -? 7i �T \ i !•^� _ e - ?. >� :;c r Z'i',sC "^"'a. r ; 2 '�.: �' a /� �"� >..i. , < *:
'141.- _ 6. NUMBER ON PUBLIC COUNTER — BEFORE POLLS OPEN
7. NUMBER ON PUBLIC COUNTER — AT CLOSE OF POLLS
,',2 f \ � A c ? ; A c.o
`a f P/01SI a 1
s _ ;�•,.,:., r ,r, � r ...� � £ �-� � r ;::?\ a':�"�;'�:`�'r tom, r:.xxx�'�"`"� � -�� „y��al �, '-
I DO SOLEMNLY SWEAR AND HEREBY CERTIFY THAT THE ABOVE IS A TRUE AND CORRECT •
REPORT OF THE NUMBER OF VOTED BALLOTS, UNUSED BALLOTS AND SPOILED BALLOTS
•
PLACED IN THE PROPER TRANSPORT CONTAINERS IN PRECINCT NO.
IN THE (NAME OF ELECTION) HELD ON
(DATE) IN VOLUSIA COUNTY. I FURTHER CERTIFY
THAT THE TRANSPORT CONTAINERS WERE PROPERLY SEALED IN MY PRESENCE
•
E :
c A � 2 � \, ,�c �` + �A'"F ta m s t c r; - a � 't �..
NAMES OF TWO POLL WORKERS TRANSPORTING
BALLOTS FROM POLLS ELECTION NIGHT:
!TIME DEPARTED FROM POLLING PLACE: :;'LACE THIS REPORT:
iNTO� Y0U
5.Q,
AGENDA REQUEST
DATE: April 11, 1997
Noy
OTHER
CONSENT BUSINESS
PUBLIC HEARING,
ORD., RESOLUTION 4/21/97
ITEM DESCRIPTION /SUBJECT:
Res. 97 -R -10 Annual Halifax /Indian River Spring Cleaning Day April
26, 1997.
BACKGROUND;
The Halifax /Indian River Task Force, "Keep Daytona Beach
Beautiful ", and Beautify our Beaches have invited all East Volusia
communities to join them in an area -wide cleanup on April 26, 1997,
from 8 a.m. to 12 Noon.
RECOMMENDATION /CONCLUSION:
Consider adoption of Resolution 97 -R -10 expressing support of April
26, 1997, as the Halifax /Indian River Spring Cleaning Day.
FUNDS AVAILABLE: ACCOUNT NUMBER:
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED):
Previous Agenda Item: YES X (Annually) NO
Date: 3/4/96 Agenda Item No. 6B
Respectfully submitted,
4 < George McMahon
City Manager
Now sue
Attachments
RESOLUTION NO. 97 -R -10
A RESOLUTION OF THE CITY COUNCIL OF THE 'vow OF EDGEWATER, FLORIDA, SUPPORTING THE HALIFAX
AND INDIAN RIVER TASK FORCE'S HALIFAX AND
INDIAN RIVER SPRING CLEANING DAY IN
CONJUNCTION WITH THE "GREAT FLORIDA CLEANUP"
SCHEDULED FOR SATURDAY, APRIL 26, 1997;
REPEALING RESOLUTIONS IN CONFLICT HEREWITH AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, Florida,
endorses the goal of an economically strong community in a clean
and beautiful environment "from land to river to sea ";
WHEREAS, the Halifax and Indian River Task Force is sponsoring
the Halifax and Indian River Spring Cleaning Day on Saturday, April
No '" 26, 1997, in conjunction with the "Great Florida Cleanup ", which
will help move this area closer to achieving the aforestated goal;
and
WHEREAS, the City Council also encourages governments,
citizens and businesses to acknowledge National Earth Month by
participating in the "Great Florida Cleanup" in an effort to make
the waterways clean and safe for estuarian animals and people who
enjoy swimming and water sports.
Nor NOW THEREFORE, BE IT ENACTED by the City Council of the City
of Edgewater, Florida:
Section 1. The City Council hereby expresses its official
support for the Halifax and Indian River Task Force's Halifax and
Indian River Spring Cleaning Day on Saturday, April 26, 1997, in
conjunction with the "Great Florida Cleanup" and encourages all of
its employees and citizens to participate in the said activity.
Section 2. All resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed.
97 -R -10 1
Section 3. This resolution shall take effect upon adoption.
After Motion by Councilman Hatfield and Second by Councilman
Hays, the vote on this resolution was as follows:
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 day of April, 1997.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Jack H. Hayman, Sr.
City Clerk Mayor
APPROVED FOR FORM & CORRECTNESS:
Krista A. Storey
City Attorney
fir.►
97 -R -10 2
�ti
i • O
" unty o V
Zr if 0: APR - 3 1997
40,4T, Initit.
CITY MANAGE MANAGEk Halifax /Indian River Task Force,,
4 40 S. Beach Street • Daytona Beach, FL 32114 -5004 _ .
March 25, 1997 Yt �� II N
(904) 239 - 6425 • (904) 423 - 3864 1 4 f X4
Mr. George McMahon, City Manager * •Alrei
City of Edgewater
PO Box 100
Edgewater, FL 32132 -0100
Dear Mr. McMahon:
The Halifax/Indian River Task Force and "Keep Daytona Beach Beautiful" invite all East
Volusia Communities to join them in an area -wide cleanup during the morning of April 26, 1997,
from 8:00 a.m. to noon. The date coincides with the statewide Keep Florida Beautiful "Great
•
Florida Cleanup ", and is a significant observance of National Earth Month.
This event will also celebrate the 9th annual Halifax/Indian River Spring Cleaning. Each year,
the boundaries of the cleanup have been expanded along the eastern waterways and all of the
communities of East Volusia County. We want to emphasize the fact that clean waters can only
exist in clean communities.
New
With your support, our cleanup will encourage governments, citizens and businesses to cooperate
in other actions to achieve the vision of a healthy, economically strong community in a clean and
beautiful environment. We are asking all municipalities to adopt resolutions, similar to the one
enclosed, recognizing the importance of a clean community, "from land to river to sea ", and
supporting the April 26 cleanup.
We also invite you personally, as an elected representative of our community, to join us for a
celebration after the cleanup. The ceremony will begin at 12:15 p.m. at Halifax Harbor Marina,
Daytona Beach. Please participate in the cleanup and ceremony if you can.
Thank you for your participation.
k
Iforw
Clete Oakley, Chairman Christina Travis, Keep Daytona Beach Beautiful
y0LY514
1I'
sICYCLSS
Pnnred On
Recycled Pepe,
5.E.
AGENDA REQUEST
DATE: April 16, 1997
OTHER
CONSENT BUSINESS
PUBLIC HEARING,
ORD., RESOLUTION April 21, 1997
ITEM DESCRIPTION /SUBJECT:
Res. 97 -R -11 Supporting Cities of Port Orange, Deltona, and Daytona
Beach in providing ambulance medical transportation services by
their respective municipal fire departments
BACKGROUND:
The City of Deltona has requested the City Council adopt a
resolution supporting the Cities of Port Orange, Deltona, and
Daytona Beach in their efforts to provide ambulance medical
transportation services.
The cities have applied to the County of Volusia for a Certificate
of Public Convenience and Necessity which would authorize ambulance
medical transportation services by their respective fire
department. The County will consider the recommendations of
municipalities within its jurisdiction.
RECOMMENDATION /CONCLUSION:
Resolution 97 - R - 11 is attached for Council's consideration.
FUNDS AVAILABLE: ACCOUNT NUMBER: N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED):
Previous Agenda Item: YES NO X
Date: Agenda Item No.
Respectfully submitted,
George /E. McMahon
low City anager
lsk
Attachment
RESOLUTION NO. 97-R-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, SUPPORTING THE CITIES
OF PORT ORANGE, DELTONA, AND DAYTONA BEACH,
FLORIDA, IN PROVIDING AMBULANCE MEDICAL
TRANSPORTATION SERVICES BY THEIR RESPECTIVE
MUNICIPAL FIRE DEPARTMENTS; REPEALING ALL
RESOLUTIONS IN CONFLICT HEREWITH AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, firefighters have demonstrated the ability to save
lives and reduce disability associated with illness and injury by
providing emergency medical services, including the assessment,
treatment and transportation of children, adults, and the elderly;
and
WHEREAS, it is the intent of the State Legislature to
encourage the development of emergency medical services, finding
,%ftp, such service essential to the health and well -being of all citizens
of the state; and
WHEREAS, the City of Edgewater fully recognizes the
constitutional authority and obligations of municipalities to
render such municipal services to ensure the effective and
expedient response to the public's health care needs; and
WHEREAS, the cities of Port Orange, Deltona, and Daytona
Beach, Florida have applied to the Volusia County for a Certificate
of Public Convenience and Necessity authorizing ambulance medical
transportation service by their respective fire departments; and
WHEREAS, in issuing such certificates, the County of Volusia
shall consider the recommendations of municipalities within its
jurisdiction.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City
of Edgewater, Florida, as follows:
Section 1. Pursuant to Section 401.25(2)(d), Florida
Statutes, the City of Edgewater, Florida, requests that Volusia
County give due consideration to the applications of the cities of
Port Orange, Deltona and Daytona Beach for a Certificate of Public
Convenience and Necessity to provide ambulance medical
transportation services by municipal fire departments.
Section 2. The City of Edgewater, Florida, fully supports
97 -R -11 1
the cities of Port Orange, Deltona and Daytona Beach in their
desire to be issued a Certificate of Public Convenience and
Necessity from Volusia County and to provide ambulance medical
transportation service by their respective municipal fire
departments.
Section 3. Nothing in this resolution shall obligate the
City of Edgewater to create its own ambulance medical
transportation service.
Section 4. All resolutions or parts of resolution in
conflict herewith be and the same are hereby repealed.
Section 5. This resolution shall take effect upon
adoption.
After motion by and second by
the vote on this resolution is as follows:
Mayor Jack Hayman, Sr. XXX
Councilman Danny Hatfield XXX
Councilwoman Louise A. Martin XXX
Councilman Mike Hays XXX
Councilman David L. Mitchum XXX
PASSED AND DULY ADOPTED this day of ,1997.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Jack H. Hayman, Sr.
City Clerk Mayor
APPROVED FOR FORM & CORRECTNESS:
Dated:
Krista A. Storey
City Attorney
Nor
97 -R -11 2
(9a
AGENDA REQUEST
Date: April 1. 1997
NEW UNFINISHED
CONSENT April 21. 1997 BUSINESS BUSINESS
PUBLIC
HEARING RESOLUTION ORDINANCE
ITEM DESCRIPTION /SUBJECT:
Approve transfer of $2,358.21 from the Special Law
Enforcement Trust Fund (the " Fund ") into the General Fund.
BACKGROUND:
On July 1, 1992, the Legislature changed the requirements in
Chapter 932 Florida Statutes, subsection 932.705(4)(c)3.F.S.
relating to contraband forfeitures. Law enforcement agencies
must expend or donate 15% of their collections (if $15,000 or
greater) to specified programs. This requirement is based on the
`' previous fiscal year's collections. During the fiscal year ended
September 30, 1996 the Fund collected a total of $15,721.39 from
forfeitures and other revenues earmarked for the Fund. Since
revenues collected exceed the $15,000, 15% or $2,358.21 is due to
be expended.
RECOMMENDATION /CONCLUSION:
Currently the City is still participating in the DARE
program. Personnel costs alone for this program exceed the
amount required to be expended from the Fund for specified
programs. The DARE program qualifies as a specified program
under Chapter 932. Therefore, I respectfully request that the
transfer of $2,358.21 from the Special Law Enforcement Trust Fund
into the General Fund to help offset some of the associated costs
of the DARE program be approved.
FUNDS AVAILABLE: ACCOUNT NUMBER: 10000 - 15108
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) No
low
PRESENTED BY: Lawrence F. Schumaker, Chief of Police
PREVIOUS AGENDA ITEM: YES NO XX
DATE: AGENDA ITEM NO. f Re�- .ectfully s - itte, ,
L arenc.e F. Schu na }rer
Chief of Police
Con , urrence :
c J - - -
Georg e t. McMahon .
City Manager
AGENDA REQUEST
C.A. NO.: 97 -82
Date: April 16, 1997
PUBLIC
HEARING RESOLUTION ORDINANCE
OTHER
CONSENT 04/16/97 BUSINESS CORRESPONDENCE
ITEM DESCRIPTION /SUBJECT:
First Amendment to Interlocal Agreement Creating the Volusian Water
Alliance
BACKGROUND:
Attached is a proposed First Amendment to Interlocal Agreement Creating
the Volusian Water Alliance. The proposed changes address: 1) Section
3 regarding the role of the St. John's River Water Management District
in the issuance of future renewal permits; 2)Section 8 regarding the
role of the Board of Representatives of the Alliance as to permit
applications and the sale of water outside of the County; and 3) Section
10 regarding the assessment of an Administrative Operations Fee and
indebtedness of the Alliance. For the Council's comparison, I have
v copies of the relevant sections from the Interlocal Agreement
Creating the Volusian Water Alliance.
RECOMMENDATION /CONCLUSION:
Staff recommends that the Council consider approval of the First
Amendment to Interlocal Agreement Creating the Volusian Water Alliance
and authorize the Mayor to execute the document.
FUNDS AVAILABLE: (ACCOUNT NUMBER)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO XX
DATE: AGENDA ITEM NO.
Respectfully submitted, Concurrence:
AggiAd
K 'sta A. Storey, George/ . McMahon
City Attorney City Manager
KAS
Attachments
FIRST AMENDMENT TO
INTERLOCAL AGREEMENT CREATING THE
VOLUSIAN WATER ALLIANCE
This First Amendment to the Interlocal Agreement Creating The
Volusian Water Alliance dated May 1, 1996, having been adopted by
the Board of Representatives of the Volusian Water Alliance, is
effective as of this 17th day of July 1996. The Interlocal
Agreement Creating The Volusian Water Alliance dated May 1, 1996,
is hereby amended as follows:
1. Section 3 of the Interlocal Agreement Creating the
Volusian Water Alliance is amended to read in its entirety as
follows:
3. Permits. The parties agree that by execution
.,,,,,,, of this Agreement they request the St. Johns River Water
Management District (the "District "):
a. to modify all future renewal permits of
any public entity, including those of the Members of
this VOLUSIAN WATER ALLIANCE, drawing water from the
areas designated by the United States Environmental
Protection Agency as the Volusian Sole Source Aquifer to
provide reasonable assurance that said renewals are
consistent and compatible with the elements of the VWA
Water Supply Plan (as hereafter defined) developed by
the VOLUSIAN WATER ALLIANCE that are incorporated into
the District's consumptive use permitting rule criteria;
and
b. to require that any future public supply
applicant who desires to withdraw water from the
Volusian Sole Source Aquifer provide reasonable
assurance said applications are consistent and
compatible with the elements of the VWA Water Supply
Plan (as hereafter defined) developed by the VOLUSIAN
err WATER ALLIANCE that are incorporated into the District's
consumptive use permitting rule criteria.
2. Section 8.e.(2)E of the Interlocal Agreement Creating
the Volusian Water Alliance is amended to read in its entirety as
'o follows:
"E. To review, comment and make recommendations on
all permit applications seeking permission of the
District to withdraw water from the Volusian Aquifer for
consistency with the VWA Water Supply Plan and for the
impact of the granting of such applications on the
aquifer;"
3. Section 8.e.(2)F of the Interlocal Agreement Creating
the Volusian Water Alliance is amended to read in its entirety as
follows:
"F. As between Alliance Members, to be the sole
governmental entity in the County of Volusia with the
power to authorize the sale or to sell water to entities
outside of the County; provided that nothing herein
shall prohibit the sale by Aquifer Members of treated
__ water at retail outside the County, so long as it is
consistent with the VWA Water Supply Plan."
4. Section 10.a. of the Interlocal Agreement Creating the
Volusian Water Alliance is amended to read in its entirety as
follows:
"a. The operation of the Volusian Water Alliance
shall be provided by the imposition of an Administrative
Operations Fee upon the Aquifer Members. The Board of
Representatives shall establish an administrative
operations fee payable by the Aquifer Members adequate
to fund the cost of the administrative operations and
administration of the Volusian Water Alliance, as
follows: Each Aquifer Member shall annually pay as its
share of the administrative operations fee a dollar
amount calculated by multiplying the Administrative
Operations Budget of the Alliance by a fraction the
rr.► numerator of which is the water gallonage actually
pumped by the Aquifer Member in the preceding calendar
year according to District reports, and the denominator
of which is the water gallonage actually pumped by all
Aquifer Members of the Volusian Water Alliance; to wit:
Water Pumped By Member Administrative
x Operations = Member's Fee
Budget
Water Pumped By All Members
'rr►
For purposes of this fee calculation the volumetric
gallonage of the County shall consist of the gallonage
pumped by wells owned by the County, plus if the County
elects pursuant to §8b hereof to appoint as a Member a
representative of the largest private water utility
provided within Volusia County, the gallonage pumped by
wells owned by the largest private water utility in the
County of Volusia, plus one -fifth (1/5) of the annual
agricultural ground water usage within the County of
Volusia, as estimated by the District; provided,
however, that while the Administrative Operations Budget
may be increased annually, any such increase shall not
be by more than either 3% of the preceding year's
Administrative Operations Budget, or by a percentage
equal to the Consumers Price Index (all items) for the
Southern Region, published by the Bureau of Labor
Statistics of the United States Department of Labor,
whichever is lesser; provided, however, that if the
Consumers Price Index should cease being published, the
Board of Representative shall by majority vote
__ substitute a similar or comparable index of inflation.
Funds received by the Alliance from the St. Johns River
Water Management District or from any other sources
other than the Administrative Operations Fee imposed
hereunder shall not be included within the
Administrative Operations Budget."
5. Section 10.c. of the Interlocal Agreement Creating the
Volusian Water Alliance is amended to read in its entirety as
follows:
"c. Any indebtedness, except for the refunding of
indebtedness which does not result in increased debt
service payments by the Aquifer Members, shall require
approval of the Board of Representatives by at least a
two - thirds majority of those present and voting. The
Alliance, however, may not incur any indebtedness for
capital projects, nor undertake any capital projects,
``rr except by interlocal agreement between the Alliance and
the individual Members, and only those Members executing
the said interlocal agreement will be responsible for
said indebtedness and /or the cost of a capital project."
IN WITNESS WHEREOF, the undersigned have set their hands
and seals as of the day and year first above written.
rr CITY OF DAYTONA BEACH
By:
Attest:
Date:
Approved by:
City Attorney
CITY OF NEW SMYRNA BEACH
"— By:
Attest:
Date:
Approved by:
City Attorney
CITY OF EDGEWATER
By:
Attest:
it
Date:
Approved by:
City Attorney
1_ , :E: up r. - _ -� /i,,,�-ip I 7 f j - U >�,1% „- - / TA , I . k
1
WATER ALLIANCE, Regional Workgroup Members and Aquifer Members.
Region Workgroup Members, which shall consist of all
municipals. \ies within each Region that have adopted this
Interlocal Agreement and the County, shall be referred to
collectively as "Regional Alliance." Aquifer Members, which
shall consist of\ \ all local government public water supply
t
consumptive use permit,., holders that are withdrawing water from the
Volusian Sole Source Aquifer and that have adopted this Interlocal
Agreement, shall be referred to collectively as the "Aquifer
Alliance. ". Any municipality ,within Volusia County that shall
become a public water supply ,consumptive use permit holder shall
be eligible for membership in the Aquifer Alliance, and shall be
Nrii, made an Aquifer Member upon its agreement to abide by this
Interlocal Agreement. Any other municipality may become a
Regional Workgroup Member of a Regional Alliance upon approval of
a majority of the B,eSard of Representatives.
3. Permits. The parties agree that by execution of this
Agreement they request the St. Johns River Water Management
District (the "District "):
. to modify all future renewal permits of any public
entity, including those of the Members of this VOLUSIAN WATER
ALLIANCE, drawing water from the areas designated by the United
States Environmental Protection Agency as the Volusian Sole Source
Aquifer to demonstrate consistency and compatibility with the VWA
Water Supply Plan (as hereafter defined) developed by the VOLUSIAN
WATER ALLIANCE as a condition of meeting the reasonable and
beneficial use, and consistency with the public interest standards
-4-
required for permit approval; and
-}I to require that any future public supply applicant
who desires to withdraw water from the Volusian Sole Source
Aquifer demonstrate consistency and compatibility with the VWA
Water Supply Plan (as hereafter defined) developed by the VOLUSIAN
WATER ALLIANCE as a condition for meeting the reasonable and
beneficial use and consistency with the public interest standards
required for issuance of a permit.
4. Amend\ ents. Amendments to this agreement, other than the
inclusion of additional Alliance Members, shall be by approval of
a two - thirds majority of the Board of Representatives. Any
municipality within Volusia County or within the geographic
'rr.- boundaries of the Volusian Sole Source Aquifer that shall become a
public supply permit holder shall be eligible for membership in
the Aquifer Alliance, and this Interlocal Agreement shall be
amended to add that municipality as an Aquifer Member upon the
agreement of the municipality to abide by this Interlocal
Agreement. Any other municipality may become a Regional Workgroup
Member of the Regional Alliance upon approval of a majority of the
Board of Representatives to amend the Interlocal Agreement to that
effect.
5. Approval. This Agreement shall be effective no earlier
than May 1, 1996, upon the approval of the Agreement of at least
"fir
seven (7) public water supply consumptive use permit holders,
provided at least one such permit holder shall come from every
Region, and provided urther such consumptive use permit holders
represent permits to pump at least two - thirds (2/3) of the total
-5-
-"
water element of such plans in not consistent with the VWA Water
Supply Plan;
Allow 4/E. To review, comment and make recommendations on
all permit applications seeking permission of the District to
withdraw water from the Volusian Aquifer for consistency with the
VWA Water Supply Plan and for the impact of the granting of such
applications on the aquifer; provided, however, the Aquifer
Alliance may charge a fee to non - members to review and comment
upon any such applications seeking permission to withdraw water
from the Volusian Aquifer in such amount as may be approved by the
Board of Representatives;
-1 F. To be the sole governmental entity in the
County of Volusia with the power to authorize the sale or to sell
water to entities outside of the County; provided that nothing
herein shall prohibit the sale by Aquifer Members of treated water
at retail outside the County, so long as it is consistent with the
VWA Water Supply Plan.
�.. To identify sources of raw water that can be
obtained to guarantee sustainable development;
H. To foster and encourage the development,
construction and funding of necessary capital projects related to
the protection, pumping, moving or consumption of water through
interlocal agreements between Members;
I. To provide a forum for the discussion and
resolution of water - related issues among Alliance Members in
general, and Aquifer Members in particular; and
J. To have such other powers as the Board of
-16-
of Representatives for the hearing on the budget.
c. The',hearing will be by and before the Board of
Nluir
Representatives. The _. Board of Representatives shall give
consideration to objections fed against the budget and in its
discretion may amend, modif or change the tentative budget. The
board shall by August 22 adopt a budget for the Aquifer Alliance.
,' 10 . Funding.
The operation of the Aquifer Alliance shall be
provided by the imposition of rates, charges and assessments upon
the Aquifer Members. The Board of Representatives shall establish
an administrative operations fee payable by the Aquifer Members
adequate to fund the cost of the administrative operations and
administration of the Aquifer Alliance, as follows: Each Aquifer
Nor
Member shall annually pay as its share of the administrative
operations fee a dollar amount calculated by multiplying the
budget of the Alliance by a fraction the numerator of which is the
water gallonage actually pumped by the Aquifer Member in the
preceding calendar year according to District reports, and the
denominator of which is the water gallonage actually pumped by all
Aquifer Members of the Volusian Water Alliance; to wit:
Water Pumped By Member
x Budget = Member's Fee
Water Pumped By All Members
`err
For purposes of this fee calculation the volumetric gallonage of
the County shall consist of the gallonage pumped by wells owned by
the County, plus if the County elects pursuant to §8.b hereof to
appoint as a Member a representative of the largest private water
-18-
utility provided within Volusia County, the gallonage pumped by
wells owned by the largest private water utility in the County of
�u.• Volusia, plus one -fifth (1/5) of the annual agricultural ground
water usage within the County of Volusia, as estimated by the
District; provided, however, that while the administrative
operations fee may be increased annually, any such increase for
any particular Aquifer Member may not exceed an amount that would
result in an increase of retail water prices for the customers of
that Aquifer Member of more than three per cent (3 %) over the
retail water prices charged by that Aquifer Member to its
residents in the preceding year.
b. Capital\ revenues for the Aquifer Alliance,
l
including payment of debt service, may be provided by the
delegation of any funds from the District, or from any other
/
source other than the Aquifer /Members.
4 -1 0. Any indebtedness, except for the refunding of
indebtedness which does not result in increased debt service
payments by the Aquifer Members, shall require approval of the of
the Board of Representatives by at least a two- thirds majority of
those present and voting.
d. Should any Aquife/` Member fail to pay any rate,
charge or assessment from the Alliance within 60 days from the
initial mailing of the same, the Aquifer Member shall not be
law
entitled to vote at any subsequently held meeting of the Board of
Representative or in any meeting of the governing body of a
region. Should the delinquency in payment continue beyond 60 days
from the initial mailing of a rate, charge or assessment, the
-19-
7.11.
AGENDA REQUEST
Date: April 15, 1997
PUBLIC HEARINGS, ORDINANCES, AND RESOLUTIONS
CONSENT AGENDA OTHER BUSINESS April 21, 1997
ITEM DESCRIPTION /SUBJECT:
Community Development Block Grant (CDBG)
Annual Plan for FY 1997 and Update of 5 -year Budget Projections
(Note: I will be out of town on Monday and unable to attend the Council Meeting. If you
have any questions prior to the meeting, please contact me. I will be available through
Friday (4/18/97). Jack Corder will attend the meeting to address any questions regarding
the Turgot Ave. and the Senior Center projects.)
BACKGROUND:
It is anticipated that the City will receive $112,179 in CDBG money in Fiscal Year 1997.
This figure is an estimate due to the continuing uncertainty associated with the Federal
Government's budget. This current year the City has been allocated $104,351.
The process has been delayed about one month this year. The delay was the result of a
controversy over a new allocation formula proposed by the County staff that would have
reduced the amount of money available to each of the cities. For example, our allocation
would have been reduced 34% from the original formula. Naturally, the staffs of all
the cities reacted strongly to this proposal and the County revised the formula again.
Volusia County has requested that we prepare an Annual Plan Worksheet for 1997 and
also update our 5 -year Budget Projections. Staff has attached copies of these proposed
documents for your review and approval. Staff is not proposing any project changes
from those submitted last year. As in the past, it is the Annual Plan Worksheet and the
first year of the 5 -year Budget Projections that represents a commitment. The 4 out -
years are for planning purposes only. Staff is proposing that the FY 1997 funds be used
for the continuation of the Mini - system 4 Wastewater Rehabilitation project. This will be
the final year for this activity. The Turgot Ave. paving project is shown in Fiscal Years 98
and 99. The Senior Center project is shown for Fiscal Years 99 through 2001. Attached
is a letter from Gerald Chester of the Central Florida Community Development
Corporation concerning the proposed senior center. This organization is very interested
in getting involved in SE Volusia and may be able to help us leverage CDBG funds to
complete this project sooner than 2001.
Once the Council determines what projects it wants done, the City's submittal will
become part of the County's action plan. The action plan must then be approved by the
Department of Housing and Urban Development (HUD) before any monies can be
disbursed to the City.
RECOMMENDATION /CONCLUSION:
Staff recommends that the City Council consider approving the Annual Plan Worksheet
and Five Year Budget Projections for transmission to Volusia County.
FINANCIAL IMPACT: Not Applicable
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:
i
/ . mac
Mgrk P. faret — eorge . , McMahon
Director of Community Development City Manager
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APR 14 '97 158 CENTRAL FL CDC P. 4
CaNTRAL F ORIDA COMMUNITY SERVING .Johns "r'�S °F
St. Johns •
Seminole
'OFVELOPM LINT CORPORATION Veolume
8revard
Putnam
April 14, 1997
Mark Karet, Dire tor
Community Dev= opment
City of Edgewate
P.O. Box 100
Edgewater, Flori.•: 32132 -0I00
Dear Mr. Karet:
•
This lever comes t• introduce the Central Florida Community Development Corporation (CFCDC). CFCDC
has been in busi ess for approximately 15 years. This corporation is a community based nonprofit
organization, Its , ission is to create affordable housing, economic opportunities and improve the quality
of life for Tower ' one persons.
CFCDC is compo • :d of four components. First, the housing component includes the development of both
owner- occupied an rental units. Second, the economic component includes small business services/business
incubation and bus ness facility development. Third, the quality of life component includes youth and senior
facility developme, t. Fourth, the administrative component includes program consultation redevelopment
coordination servii es, strategic planning, and administrative technical assistance,
Recently, Lynn P1: . kett and I discussed the development of a senior center in the City of Edgewater. Mrs,
,, Plaskett informed e that lack of funding is an impediment to carrying out this activity within one year.
I have discussed thi: issue with a few bankers and one foundation that lend monies to nonprofit organizations
that demonstrate th capacity to retire debt. As a result, I believe that there may be some alternatives to the
above funding dile ma. Therefore, I am requesting a meeting with you and your staff within the next couple
of weeks to discus a few potential alternatives for building the Edgewater Senior Center,
Should there be qu• stions, please call me at the below listed number,
G -rald •..Chester
President and CEO
gc
cc: Lynn Plaskett
Shirley Green
6.1
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IN,UAING
rfttKf14.1n1 P. O BMX 15065 • DAYTONA BEACH, FLORIDA 32115 -5065
(904) 258.7520
04/14/97 15:16 TX /RX NO.4042 P.002
AGENDA REQUEST
Date: April 14, 1997
** OTHER PUBLIC
CONSENT BUSINESS 4/21/97 HEARING
RESOLUTION ORDINANCE
ITEM DESCRIPTION /SUBJECT: Florida Shores Roadway Improvement Project - Part
B contract change order No.5. Extend contract time thirty -two (32) days and
establish the final completion date as June 25, 1997.
BACKGROUND: The project has been effected by three elements of construction
issued by the City including additional rip -rap (flume), drainage pipe, and change
orders which have altered the Contractor's schedule. See attached
correspondence for further clarity of the issues.
RECOMMENDATION: Approve change order No. 5 to extend Part B contract time
by thirty -two (32) calendar days.
%ow FUNDS AVAILABLE: ACCOUNT NUMBER: N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PRESENTED BY: Kyle Fegley, City Engineer
PREVIOUS AGENDA ITEM: YES NO XX
DATE: AGENDA ITEM NO.
Respectfully submitted: Concurrence:
Kyle z■ Fegley George ci McMahon
+f,,,, City E /gine•r City Manager
KW F /rsm
SECTION 00843
CHANGE ORDER FORM
CITY OF EDGEWATER
Now
Project: City of Edgewater
Florida Shores Road Improvements
Part B
CHANGE ORDER NO. 5
DATE: April 9, 1997 CONTRACT DATE: March 18, 1996
The following changes are hereby made to the CONTRACT DOCUMENTS:
Original CONTRACT PRICE $ 2,813,252.50
Current CONTRACT PRICE ADJUSTED
by previous CHANGE ORDER $ 2,655,023.50
Net (Increase) (Decrease) Resulting
from this CHANGE ORDER $ -0-
The current CONTRACT PRICE
including this CHANGE ORDER $ 2,655,023.50
ORIGINAL CONTRACT TIME (Final Completion): 360 days Date: 03 -13 -97
Current CONTRACT TIME adjusted
by previous CHANGE ORDERS (increased by 72 days) Date: 5 -24 -97
Net Increase
Resulting from this CHANGE ORDER Days 32
Current CONTRACT TIME (Final Completion)
including this CHANGE ORDER Date: 6 -25 -97
CHANGES ORDERED:
I. GENERAL. This change order is necessary to cover changes In the work
Now to be performed under this Contract. The GENERAL CONDITIONS,
SUPPLEMENTARY CONDITIONS, SPECIFICATIONS and all parts of the
Project Manual listed in Article 1, Definitions, of the GENERAL
CONDITIONS apply to and govern all work under this change order.
Change Order No. 5
II. REQUIRED CHANGES: Extend original contract final completion date by
thirty -two (32) days.
w
III. JUSTIFICATION: The rationale in supporting the time extension as
excusable delays is explained in the City Engineer's April 10, 1997
correspondence to City Manager.
Acknowledgment:
The aforementioned change, and work affected thereby, is subject to all provisions
of the original contract not specifically changed by this Change Order; and
It is expressly understood and agreed that the approval of the Change Order shall
have no effect on the original contract other than matters expressly provided herein.
Change Order requested by: City of Edgewater
RECOMMENDED BY: ACCEPTED BY:
Engineer Contractor
By: By:
Signature Date Signature Date
Title: City Engineer Title:
APPROVED BY: ATTEST:
By: By:
Signature Date Signature Date
Title: Mayor Title: City Clerk
Change Order No. 5
wr I To: Mr. George McMahon, City Manager
From: Kyle W. Fegley, City Engineer
Subject: Florida Shores Roadway Improvement Project - Part B
Change Order No. 5 MEMORANDUM
Contract Time Extension
Date: April 10, 1997
This memorandum shall supplement and support Change Order No. 5 which extends Part B
contract time 32 calendar days. As discussed Halifax Paving, Inc. is warranted the extension
based on justification of three separate issues, each of which stemmed from the City's
request.
Item No. 1 involves augmenting rip -rap material for the Fern Palm Drive and 1 6th Street
canal headwall and discharge flumes. Agreed to time extension is four calendar days. See
attached Halifax correspondence dated 3/18/97.
Item No. 2 involves drainage modifications for Coco Palm Drive, Date Palm Drive, and
Evergreen Drive cul -de -sacs. These unscheduled runs of RCP pipe delayed roadway
construction for seven calendar due to material delivery. See attached Volusia Construction
correspondence dated 11/26/96.
Item No. 3 is a direct result of the City requesting Halifax to proceed and prioritize the
completion of Roberts Road and 30th Street resurfacing work. Halifax understood the City's
need to concentrate on these roadways during school break and made a diligent effort to
complete this work by focusing their equipment and manpower exclusively on this work. In
fairness the change order time extension for Part B should not have run consecutively with the
Roberts Road/30th Street changes but should have been segregated and run in series with the
latter. As such the time allotted for Roberts Road/30th Street which is 21 days should be
recognized and added to Part B contract time.
The total time extension of 32 days extends the final completion date to June 25, 1997. It
should be noted the final contract completion date for Part A is July 19, thus Part B will still
finish prior to the overall R.I.P. contract completion date and no further extension of
consultants' time will be necessary due to the proposed time extension.
'rr.r KWF:rsm
attachments
•
904 676 Gi 3I
,MFR - 18 - 1997 16 :39 HALIFAX PAVING 904 676 0803 P.01/01
PHONE (904) 676-0200
, a _ FAX (904) 676 -0803
i� ^' mm'
. Halifax Paving, Inc.
P.O. BOX 730549-ORMOND BEACH, FL 32173 -0549
860 HULL ROAD, ORMOND BEACH, FL 32174
March 18, 1997
- Mr. Kyle W. Fegley, P.E.
•
City Engineer
City of Edgewater
P.O. Box 100
Edgewater, FL 32131 -0100
RE: Florida Shores
Roadway and Drainage improvement Project
Part 'A' and Part 'B'
Dear Mr. Fegley,
Due to additional work and cne rain day, we are requesting
an additional 15 days of contract time.
The time is broken down as follows:
Part 'A'- Additional Rip Rap 4 Days
19th St. Extension 5 Days
March 14th Rain day 1 Day
Part 'B'- Additional Rip Rap 4 Days y /�
MaL�.IL 14tlz Rain dny ' Da/ t 'r
Total 15 Days
If you have any questions, or need further in;or. ation,
please call on me at any time.
•
Sincerely, /
'Tommy urrance
President
TOT1-+L P . ] i
VOLastA
CONSTRUCTION
COMPANY, INC.
UNoER '=PCLtrj7 UTILITIES
Now
November 2'6 1996 i
'" /
///,
To: Halifax Paving, Inc.
Yost office Sax 7.30s49
j
Qrnand Beaeh, F1oreda 32173 -0542
Attn: fir, John Mitchell
Re: Florida Shores Part
Change Order No r . 7 8
Time Extension
Dear Sig,
ti41.. We are in receipt of the above-ca
'"
order requires an addyMio;�al r�.`'ned change order. ;his change
pipe. �b� runs of 12 reinforced concrete
Due to the late stages of the job, we are not holding any o-
material in inventory. We
expect it the week of Wave p ,
laced this aterzal order and
2 December 1955.
Therefore, we are requesting a 5 working day time extension to
acquir the material, Please
notify us of Your agreement
to same.
Th you,
Ronnie 51edsoef President
Vo1usi.a Construction Cc., Inc_
lorry
•
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TO/TO'd 2080 SI,L9 t'06
EIN I OUd ; ;Nd 11tH • 8
fv�
THE CITY OF EDGEWATER
r a POST OFFICE BOX 100 — EDGEWATER, FLORIDA 32132 -0100
T4 LIT
Mayor Jack H. Hayman City Manager George E. McMahon
District 1 Councilman Danny K. Hatfield City Attorney Krista A. Storey
District 2 Councilwoman Louise A. Martin AGENDA REQUEST City Cleric Susan J.Wadsworth
,rict 3 Councilman Michael D. Hays
,.trict 4 Councilman David L. Mitchum DATE: APRIL 14, 1997
PUBLIC HEARING RESOLUTION ORDINANCE
OTHER
CONSENT BUSINESS X CORRESPONDENCE
ITEM DESCRIPTION:
Request for Special Activity fund raising event for New Life
Apostolic Church to sell fireworks at 1838 South Ridgewood Ave. -
Florid Shores Shopping Center.
BACKGROUND: 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 waived as it was last year
and a ten day sale.
loamy
•e The guidelines require a one hundred fifty dollar ($150.00) per day
to cover administrative cost, a not to exceed nine (9) day period.
RECOMMENDATION /CONCLUSION:
Council 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 Wadsworth, CMC George . McMahon
City Clerk City g
r a er
104 NORTH RIVERSIDE DRIVE
FAX - (904)424 -2409 SUNCOM 383 -2407
CITY CLERK - (904)424 -2407
NEW LIFE APOSTOLIC CHURCH
April 11, 1997
To whom it may concern;
We at The New Life Apostolic Church of Edgewater are once again approaching the
time of year to promote our "Fireworks Sale" for 1997. Last year we enjoyed a successful
Fund Raising Event for our Church and look forward to another great event. In order
for us to succeed in our effort to raise necessary funds in this event, we would again ask
that the normal fee(s) would be waived for us, as a non -for profit group. Thank you for
your consideration in this matter.
loamy
New Life Apostolic Church,
Rev. W. D. Bledsoe.
2311 Ridgewood Avenue Rev. W D. Bledsoe
Edgewater, Florida 32141 (904) 409 -8844
04- 11- 9i1'C'3: 1`2 RCVD
CITY OF EDGEWATER
SPECIAL ACTIVITY APPLICATION
Date 4 iz / O j /97
time Business Name /UPW 1 i 7 4 70 /c C_ c' e-
Business Address 23 // .s. �, p�4 vo)p/ ritv -
Applicant Name , fv: / /i4 m fc /ed..loe
Telephone -Home 127 -2.3 hrs /// Office 9497 f,0Whrs
(If the departments are unable to reach you at these numbers, your permit may be
delayed.)
Type of Activity - ,' ' p, _s
Address of Activity /838 ,p 1 � eiwpeal �ve /iJ„�,,�. ?" re14,2�s
(Attach statement from property owners granting permission for use of property)
Organization /Sponsor /?".744-'-7i:,wt)
Address M'G' �� /: % '�^ / > / " °Vi�77
Date (s) & Time (s) of Event ,-.��., /" ,. /,
i,
Description of Proposed Event j�= f16c-' r_'_
Art. _ / "
(Provide site plan or drawing showing layout of activity) �
Equipment to be used
/ • _
Number of Tent size '!i
, ,%... Temp.Toilet(s)
Temp.Electf ve.'Atr( � s / J e /size(s) Sound equipt.
Band Alcoholic beverages (copy of state permit required)
Other
SIGNATURE OF APPLICANT . DATE 5 - 77
********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
FOR CITY USE ONLY
Police Department - Comments:
IN9 n Dj tLPrK.S .
APPROVED DENIED AUTHORIZED SIGNATURE CV ''!
Now Fire Department - Comments:
APPROVED DENIED AUTHORIZED SIGNATURE
Community Development - Comments:
APPROVED DENIED AUTHORIZED SIGNATURE
********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
CITY COUNCIL: APPROVED DENIED
Now
City Of Edgewater
Department Of Fire Rescue Services
P.O. Box 100
Edgewater, Fl 32132 -0100
Phone 904/424 -2445 Fax 904/424 -2450
William C. Vola, Chief Lisa R. Miller, Administrative Assistant
vow 16 April 1997
TO: Susan Wadsworth, City Clerk
RE: Fireworks Sale permit for New Life Apostolic Church
The request for a special use permit to store and sell fireworks is
approved by this department, based on the applicant's compliance with each of
the following terms and conditions:
1) Only the fireworks listed on the attached "list of approved sparklers"
from the Florida State Fire Marshal's office shall be allowed on site or allowed
to be sold. Daily inspection(s) will be conducted during operating hours to
assure compliance and any suspected illicit products will be directed to be
removed from the site or seized in accordance with Chapter 2005 of the
Standard Fire Prevention Code for disposal.
2) No smoking or other glowing /flaming source of ignition may be allowed
within 100' of the exterior of the tent. Applicant shall be responsible for
posting No smoking signs, in accordance with F.S. 791.055(2) to the satisfaction
of the Life Safety Division.
3) After hours storage of these materials shall be in an approved
magazine per the requirements of Chapter 19 of the Standard Fire Prevention
Code.
4) Since this activity has the potential to create an exceptional set of
hazardous conditions, a surety bond, made out to the City of Edgewater in the
amount of $10,000 shall be submitted to and held by the Edgewater City Clerk.
This will cover the costs of any fire suppression, hazardous materials incident,
or extraordinary rescue expenses that may arise out of any accident involving
this site.
5) Documentation of proof of compliance with all requirements of F.S.
791.02 shall be submitted to the Office of the Fire /Rescue Chief for approval,
prior to the location of any fireworks upon this site.
6) Since the products offered for sale are highly flammable and explosive
in nature, and in quantity, create a significant life and safety threat should they
be involved in a fire, daily inspections by Fire /Rescue personnel will occur
Sincerely,
Z/1),(50:•-
William C. Vola, Chief
EDGEWATER'S LIFE FORCE
N T E R
MEMO
O F F I C E
To: George E. McMahon, City Manager ��//
From: Mark P. Karet, Director of Community Development / /
Subject: Special Activity - Sale of Fireworks
New Life Apostolic Church
Date: April 15, 1997
The Department of Community Development had no problems when Rev. William Bledsoe did
his special activity last year as the First Pentecostal Church of Edgewater. The Department 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;
rr.►
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 -) Contact the Building Department (424 -2411) for inspection prior to event.
MPK/smp
c:\memo \spec. evt
AMERICAN PROMOTIONAL EVENTS, INC.
6100 SE 78th Street
Ocala, FL 34472
Permission Letter
Amy
TO WHOM IT MAY CONCERN:
American Promotional Events, Inc. is hereby granted permission to erect a
3o SO / tent on our property for the purpose of having a retail sale from
J u-Ne- - -6 , 199 7 through J 1y S -- , 199 7.
//1,,,,,,, 1�%11z grants permission for all patrons of the sale to
utilize the restroom facilities at our store.
Property Address Store Name
-. t- =7 --, ., ,
City' State
1 Zip
/ h
1 l/
2 - 6 C - 1 l(..J..�--
Sign Title
State of Florida )
County of F- )
Before Me personally appeared 4, k„ j 2b i v1 39 � \ to
me well known and known to me to bet e person described herein, and who
executed the foregoing instrument and acknowledged to and before me that
lily he /she executed said instrument for the purposes therein expressed.
WI ESS my hand this day of ,199 9 .
/ f'Ii;'tt Win) cr stamp ■c of Notary Public I
if t /WI/ / ' 4 ' i z-'-
Notary Public
' NOTARY :, DID to. • C • ' `:i:: White - A.P.E. Corporate Yellow - Store Manager Pink - ReegiajAggygotra3 cm °nth.
FREEDOM FIREWORKS
low
Letter of Permission
FREEDOM FIREWORKS hereby agrees to save and hold harmless FWI 1, LLC. and its
agent Morbitzer Group, Inc. from all liabilities and responsibilities in connection with the
operation of any Freedom Fireworks stand located on the premises situated at Florida
Shores Shopping Center, 1800 South Ridgewood Avenue, Edgewater, Florida,
specifically the area designated on the attached site plan marked as Exhibit "A" and
attached hereto. Owner agrees to give Freedom Fireworks the exclusive right to sell state
approved sparklers from June 24th through July 5th, 1997. Said exclusive right
specifically excludes Winn Dixie and Eckerd Drug.
Freedom Fireworks agrees to clean up any and all fireworks related debris from the
premises and repair any and all damage to the parking lot, to Landlord's satisfaction.
Freedom Fireworks will provide premises liability insurance in the amount of
$1,000,000.00, and shall name Flag Wharf, Inc. and Morbitzer Group, Inc. as additional
insured.
Awe
FWI 1, LLC.
VO
By: p n �' j ; -, c4 n,oI ; n d ,, Q, Freedom Fireworks
Dated this /"7 day of ^MU ' \ , 1997.
msw\lse\flshores\frdmltr.wps
'err
1.
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♦
SPECIAL'. ACTIVITY GUIDELINES
1. One hundred fifty`; dollars ($150.00) peg day to cover
administrative cost, not to exceed a nine "(9) day period,
and council authoization... for ''a permia:
'e .:
rr •: '. :` ..
2. Possible deposit for police services ,(overtime):
3 Insurance police or bond to protect the city from
liability.
4,. There shall be no , mo're than two (2) activities a month
per location.
5.:' No driveways or driving •; lanes to be bL.ocked.
6.. No:signage for advertising of event'' to be placed in
hicghway ` right-of-ways.
7. Protri,de.sanitary facilities adequate:.`.for expected '
• attendance.
8 No• electrical cords to be run across driveways or driving
• lanes
9. No'Qverni ht
g parking
The City Council, shall hold regu city council meetings' on the''
first Monday and the third Monday 'Of each month at :7 : 00
' p.m:, if
the first or third Monday falls On a holiday recognized by the
city, then the "regular meeting shall be either cancelled or
rescheduled as determined by the 'mit'y council. :Agendas close the
Monday proceeding .. the regular city council meeting at '4: 30 p.7ti'.,
(s 60 2 . 1 0 cily? code)'
spec /act. app
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7.D,
MEMORANDUM
DATE: April 16, 1997
TO: Mayor and Council
FROM: George E. McMahon, City Manager c'-y.
SUBJECT: Request for City Coverage on Insurance
City Council requested that we confirm the medical insurance eligibility of Larry Westfall
based on his situation. Please be advised that we have contacted Social Security
Administration and they stated that Medicare insurance begins the first day of the 25th
month after the start of receiving Social Security benefits. Larry began receiving Social
Security benefits in June of 1995, therefore, he will be eligible to receive the Social
Security Medicare insurance benefits beginning July this year (1997).
i.,.- City Council had previously received the status of benefits paid by the City to Larry
Westfall through April 29, 1997. This report is included for your deliberations on this
matter.
There are no legal or administrative issues involved. Therefore, disposition of this matter
is solely a prerogative and policy decision of City Council.
'fir
GEM:Isk
Attachment
DATE: Jan. 22, 1997
TO: George E. McMahon, City Manager
FROM: Deborah Sigler, Human Resources Dir. kd'
SUBJ: Larry Westfall's status since his work injury
Per your request, the following is a summary of the situation:
May 5, 1994 Larry suffered work related injuries and his workers
compensation case began shortly thereafter.
Larry received 1000 pay until his workers comp benefits ran out
in Sept., 1995. His weekly salary was $735.42. Once a month he
was paid an additional $210.12 for the accrued sick leave
benefit, and $130.00 Police incentive. Pursuant to our policies
he continued accruing benefits monthly while on paid status and
he remained on our group insurance policies at a cost to the City
of $234.55 per month.
After workers comp benefits ran out, he continued to receive full
pay, pulling from his vacation accrual (accrued sick leave, and
incentive) until Feb., 1996.
`- After his accrued vacation ran out, he continued to receive full
pay, pulling from his sick accrual (and incentive) until
April 29, 1996 when a final check was cut to him to cover the
again accrued vacation,($4,202.40 gross).
Two attempts were made prior to April 29,1996 to have Larry file
for Family and Medical Leave, which he did not reply to. Larry
was also informed several times to file with Social Security
regarding his disability status. In Oct. 1996 I received a copy
of the certification from Social Security that Larry had been
deemed disabled and paid accordingly back to June of 1995. I can
not report on the amount of money he received because the figures
were blacked out on my copy, but he did receive pay from Social
Security retroactive back to June, 1995.
Since June, 1995 we paid Larry $43,960.42. If we had known he
was deemed disabled in June we would have cut him a final check
then, which would not have included the following benefits he
earned by remaining in pay status:
300 hours of vacation time
132 hours of sick time
108 hours of holiday pay
24 hours of personal holiday
1300.00 of Police incentive pay
all amounting to $11,175.64.
•
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err
INTER - OFFICE MEMORANDUM
EDGEWATER, FLORIDA
TO: City Council
FROM: Krista A. Storey, City Attorney /
C.A. NO.: 97 -84
DATE: April 16, 1997
SUBJECT: Section 112.19(h), Florida Statutes
Attached is a copy of Section 112.19(h), Florida Statutes which
° j" provides health insurance benefits for law enforcement officers who
on or after January 1, 1995, suffer a catastrophic injury in the
line of duty. In such case, the employer pays the entire premium
of the employer's health insurance plan for the injured employee,
the injured employee's spouse, and for each dependent child. If
the injured employee subsequently dies, the employer shall continue
to pay the entire health insurance premium for the surviving spouse
until remarried, and the dependent children.
Please note that Section 112.19(h)l.a. states "Health insurance
benefits payable from any other source shall reduce the benefits
payable under this section."
Section 112.19(h)2. provides that "In order for the officer,
spouse, and dependent children to be eligible for such insurance
coverage, the injury must have occurred as the result of the
officer's response to fresh pursuit, the officer's response to what
is reasonably believed to be an emergency, or an unlawful act
perpetrated by another."
KAS
* ow Attachment
Copy to: City Manager
to '
N
s. 112.181 s. 112.181 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s. 112.19
- -, -
, tile being trans- ..
may be exposed 'Absent
rescue or public failure wo refusal by
probation off cer means correctional,
y officer a as defined correctional
9 Y P P Y
s h immunization or prophylaxis disqualifies the 943.10(14) or employee of the state or any political sub -
-.;ase of hepatitis, wo er from the benefits of the presumption. division of the state, including any law enforcement offi-
:iosis ans an (4 LIFE AND DISABILITY INSURANCE COVERAGE. cer, correctional officer, correctional probation officer,
- ormaltorit of job This ' ection does not apply to benefits payable under state attorney investigator, or public defender investiga-
of infection. or gra ted in a noncompulsory policy of life insurance or tor, whose duties require such officer or employee to
':ONDITIONS,— disabili insurance, unless the insurer and insured have investigate, pursue, apprehend, arrest, transport, or
worker who suf- negotiated for such additional benefits to be included in maintain custody of persons who are charged with, sus-
': that is caused the polic contract. However, the state or any political pected of committing, or convicted of a crime; and the
or tuberculosis, subdivisio of the state may negotiate a policy contract term includes any member of a bomb disposal unit
at results in to for life and •isability insurance which includes acciden- whose primary responsibility is the location, handling,
r:sumed to have tal death be -fits or double indemnity coverage for any and disposal of explosive devices. The term also
unless the con- condition or i , pairment of health suffered by an emer- includes any full -time officer or employee of the state or
.owever, in order gency rescue •r public safety worker, which condition any political subdivision of the state, certified pursuant
iergency rescue or impairment is caused by a disease described in this to chapter 943, whose duties require such officer to
affidavit as pro- section and resu s in total or partial disability or death. serve process or to attend terms of circuit or county
ation that, to the (5) RECORD F EXPOSURES. —The employing court as bailiff.
;n caused by agency shall maint 'n a record of any known or reason- (c) "Insurance" means insurance procured from a
y or ably suspected exp sure of an emergency rescue or stock company or mutual company or association or
't: public safety worked, in its employ to the diseases
of bodily fluids, Y P Y exchange authorized to do business as an insurer in this
o
' f bo dily condi described in this sectio`c and shall immediately notify the state.
employee of such expa ure. An emergency rescue or (d) "Fresh pursuit" means the pursuit of a person
scope of his or public safety worker shall file an incident or accident who has committed or is reasonably suspected of hav-
d components, report with his employer bf each instance of known or ing committed a felony, misdemeanor, traffic infraction,
accident s, suspected occupational e osure to hepatitis infection, or violation of a county or municipal ordinance. The term
an c meningococcal meningitis, br tuberculosis. does not imply instant pursuit, but pursuit without unrea-
or ar for the her f present (6) REQUIRED yEDICAL TESTS; sonable delay.
last I ^ the PREEMPLOYMENT PHYSICAL. —In order to be entitled (2)(a) The sum of $25,000 shall be paid as provided
is fail indi- ] to the presumption provided b this section: in this section when a law enforcement, correctional, or
(a) An emergency rescue br public safety worker correctional probation officer, while engaged in the per -
:ti es or other j must, prior to diagnosis;' have, undergone standard, formance of the officer's law enforcement duties, is acci-
medically acceptable tests for evidence of the communi- dentally killed or receives accidental bodily injury which
.enters for Dis- cable disease for which' the presumption is sought, or results in the loss of the officer's life, provided that such
of the United evidence of medical conditions\derived therefrom,
1e sexual prat which tests fail to indicate the presence of infection. This injury is not intentionally self - inflicted.
paragraph does not apply in the cash of meningococcal (b) The sum of $25,000 shall be paid as provided in
bend by a phy- meningitis. \ this section if a law enforcement, correctional, or correc-
(b) On or after June 15, 1995, an emergency rescue tional probation officer is accidentally killed as specified
ningitis, in the i or public safety w rker may be required to undergo a in paragraph (a) and the accidental death occurs as a
Is he was not s response p
preemployment ysical examination that tests for and result of the officer' to fresh pursuit or to the
fails to reveal an evidence of hepatitis o tuberculosis. officer's response to what is reasonably believed to be
yment, to any ( P Y
meningitis or
(7) DISABIt�ITY RETIREMENT. —This Section does an emergency. This sum is in addition to any sum pro -
the disease, not change the basic requirements for dete\mining eligi- vided for in paragraph (a).
bility for disc ility retirement benefits under\the Florida
period of time ( c ) If a law enforcement, correctional, or correctional
usis skin test, Retirement stem or any pension plan administered by probation officer, while engaged in the performance of
scope of his this state or any political subdivision thereof, except to the officer's law enforcement duties, is unlawfully and
the extent f affecting the determination as to', whether
to have tuber- intentionally killed or dies as a result of such unlawful
a member was disabled in the line of duty or was other- and intentional act, the sum of $75,000 shall be paid as
wise dis led. provided in this section.
1y standard,
History. s. 2, ch. 95 -285; s. 2, ch. 96 -198. � ,. p
I of immuniza- +Note.e 5, ch. 95-285, provides hat ]u]nIess otherwise provided, this act (d) Such payments, pursuant to the provisions of
1 of a commu- shall tak ffect [June 15, 1995] and shall apply to those conditions diagnosed on paragraphs (a), (b), and (c), whether secured by insur-
or after nuary 1, 1996.'
n is granted ance or not, shall be made to the beneficiary designated
the given cir- 112.19 Law enforcement, correctional, and correc by such law enforcement, correctional, or correctional
Jlicies ^cttab- 'I. tional probation officers; death benefits. probation officer in writing, signed by the officer and
lizatir: ac- (1) Whenever used in this section, the term: delivered to the employer during the officer's lifetime. If
Serv' ,'' an (a) "Employer" means a state board, commission, no such designation is made, then it shall be paid to the
ker may be department, division, bureau, or agency, or a county, officer's surviving child or children and spouse in equal
mmunization municipality, or other political subdivision of the state, portions, and if there is no surviving child or spouse,
1 determines which employs, appoints, or otherwise engages the ser- then to the officer's parent or parents. If a beneficiary is
prophylaxis vices of law enforcement, correctional, or correctional not designated and there is no surviving child, spouse,
ker's health. probation officers. or parent, then it shall be paid to the officer's estate.
251
s. 112.19 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s. 112.19 s. 112.19
(e) Such payments, pursuant to the provisions of false, fraudulent, or misleading oral or written statement ) (4)(a) The e
paragraphs (a), (b), and (c), are in addition to any work- to obtain health insurance coverage as provided under rectional, or cor
ers' compensation or pension benefits and are exempt this paragraph. A person who violates this sub- payment of the
from the claims and demands of creditors of such law subparagraph commits a misdemeanor of the first deemed self -in:
enforcement, correctional, or correctional probation offi- degree, punishable as provided in s. 775.082 or s. or has already
r 775.083. secure such pa
*Nov (f) If a full -time law enforcement, correctional, or c. In addition to any applicable criminal penalty, only the risks it
correctional probation officer who is employed by a upon conviction for a violation as described in sub- indicated in this
state agency is killed in the line of duty as a result of an subparagraph b., a law enforcement, correctional, or additional risks
act of violence inflicted by another person while the offi- correctional probation officer or other beneficiary who insurance shall
cer is engaged in the performance of law enforcement receives or seeks to receive health insurance benefits public bid of su
duties or as a result of an assault against the officer under this paragraph shall forfeit the right to receive shall be awarde
under riot conditions, the sum of $1,000 shall be paid, such health insurance benefits, and shall reimburse the ■ bid.
as provided for in paragraph (d), toward the funeral and employer for all benefits paid due to the fraud or other I (b) Paymen-
burial expenses of such officer. Such benefits are in prohibited activity. For purposes of this sub- employees, or c
addition to any other benefits which employee beneficia- subparagraph, "conviction" means a determination of the provisions c
ries and dependents are entitled to under the provisions guilt that is the result of a plea or trial, regardless of funds otherwi
of the Workers' Compensation Law or any other state or ether adjudication is withheld. employing the 1-
federal statutes. 2. In order for the officer, spouse, and dependent tional probation
(g) Any political subdivision of the state that 'bhildren to be eligible for such insurance coverage, the (5) The Dep
employs a full -time law enforcement officer as defined injury must have occurred as the result of the officer's and procedures
in s. 943.10(1) or a full -time correctional officer as response to fresh pursuit, the officer's response to what cational benefit
defined in s. 943.10(2) who is killed in the line of duty on is reasonably believed to be an emergency, or an unlaw- (6) Notwiths
or after July 1, 1993, as a result of an act of violence ful act perpetrated by another. Except as otherwise pro- the contrary, th€
inflicted by another person while the officer is engaged vided herein, nothing in this paragraph shall be con- (2)(c) and (g) sh
in the performance of law enforcement duties or as a strued to limit health insurance coverage for which the where an office
result of an assault against the officer under riot condi- officer, spouse, or dependent children may otherwise be 1993, and subs€
tions shall pay the entire premium of the political subdivi- eligible, except that a person who qualifies under this a result of such
sion's health insurance plan for the employee's surviving section shall not be eligible for the health insurance sub- unlawful and i
spouse until remarried, and for each dependent child of sidy provided under chapter 121, chapter 175, or chap- inflicted by anc
employee until the child reaches the age of majority ter 185. riot conditions.
44 the end of the calendar year in which the child (i) The Bureau of Crime Prevention and Training accordance wit•
reaches the age of 25 if: within the Department of Legal Affairs shall adopt rules this provision s`
1. At the time of the employee's death, the child is necessary to implement paragraphs (a), (b), and (c). for which those
dependent upon the employee for support; and (3) If a law enforcement, correctional, or correctional otherwise be el
2. The surviving child continues to be dependent probation officer is accidentally killed as specified in History. —ss. 1, 2, c
for support, or the surviving child is a full -time or part- paragraph (2)(b) on or after June 22, 1990, or unlawful) a4 -1 s. 2, on. 89-22
y
time student and is dependent for su sa m ; s. 1404, ch. ss
p support. and intentionally killed as specified in paragraph (2)(c)
(h)1. Any employer who employs a full -time law on or after July 1, 1980, the state shall waive certain edu- 112.191 Fire
I enforcement, correctional, or correctional probation offi- cational expenses which children of the deceased offi- (1) Whenevr
cer who, on or after January 1, 1995, suffers a cata- cer incur while obtaining a vocational - technical certifi- (a) The terrr
strophic injury, as defined in s. 440.02(34), in the line of cate or an undergraduate education. The amount I mission, depart
duty shall pay the entire premium of the employer's waived by the state shall be an amount equal to the cost county, municip
health insurance plan for the injured employee, the of tuition and matriculation and registration fees for a state.
injured employee's spouse, and for each dependent total of 120 credit hours. The child may attend a state (b) The terry
child of the injured employee until the child reaches the vocational - technical school, a state community college, employed unif
age of majority or until the end of the calendar year in or a state university. The child may attend any or all of employer, whos
which the child reaches the age of 25 if the child contin- the institutions specified in this subsection, on either a extinguishing of
ues to be dependent for support, or the child is a full- full -time or part -time basis. The benefits provided therefrom, the r
time or part -time student and is dependent for support. under this subsection shall continue to the child until the state fire prever
The term "health insurance plan" does not include sup- child's 25th birthday. of any law pert:
plemental benefits that are not part of the basic group (a) Upon failure of any child benefited by the provi- fires, who is cer
health insurance plan. If the injured employee subse- sions of this section to comply with the ordinary and a member of a c
quently dies, the employer shall continue to pay the minimum requirements of the institution attended, both employer or why
entire health insurance premium for the surviving as to discipline and scholarship, the benefits shall be (c) The terrr
spouse until remarried, and for the dependent children, withdrawn as to the child and no further moneys may be from a stock cor
'er the conditions outlined in this paragraph. How- expended for the child's benefits so long as such failure or exchange au
4e 1.111: or delinquency continues. this state.
aa. Health insurance benefits payable from any other (b) Only a student in good standing in his or her (2)(a) The s � ource shall reduce benefits payable under this section. respective institution may receive the benefits thereof. ter rovid €.
p ed whE It is unlawful for a person to willfully and know- (c) A child receiving benefits under this section formance of his
ingly make, or cause to be made, or to assist, conspire must be enrolled according to the customary rules and killed or receive
with, or urge another to make, or cause to be made, any requirements of the institution attended. quently results
252
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MEMORANDUM
DATE: April 15, 1997
TO: Mayor and Council
NNW
FROM: George E. McMahon, City Manager
SUBJECT: Discussion of DOT's preliminary plans for
Widening SR 442 /Engineering and staff report
Please be advised that the City Engineer, Kyle Fegley, has recently reviewed the above
referenced plans and subsequent to his discussion with me, we have the following
concerns that we wish to discuss with City Council at Monday's Council meeting. They
are:
1. The elimination of most and certainly critical median crossovers.
2. The subsequent impact of traffic traveling east and west on 442, as well as
the impact of traffic rerouting through parts of Florida Shores.
3. The severe economic impact of merchants and businesses in commercial
areas on 442, i.e., service stations and the strip mall at Hibiscus.
4. The negative impact on roads that were designed and improved for heavy
commercial traffic which were intended to have full left and right hand turns,
i.e., Hibiscus and Guava.
5. Proposed water retention areas and negative impact on private properties.
Kyle is meeting with DOT tomorrow to review his concerns and it is very important that City
Council understand and take a strong position to support the City's desires in this matter.
GEM:sue
cc: Kyle Fegley, City Engineer
Q. O) In A co N ■-. ,
1
go 1 /J 1 1 1 1 1 1
I I I
5 0 "0 t1 H cr cr S 1••` 0 H (0 �' "t7 `' g C
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PUBLIC WORKS SERVICES CENTER
°F VOLUS'P.•'' WATER AND UTILITY SERVICE GROUP
123 West Indiana Avenue•DeLand, Florida 32720 -4262
Telephone ( 904)943 - 7027.257- 6000.423- 3300•FAX (904)822 -5736
April 17, 1997
Mr. Jay Ridgeley
President, Hacienda del Rio HOA
155 Casa Grande Dr.
Edgewater, FL 32141
Re: Southeast Wastewater System
Dear Mr. Ridgeley:
As discussed, the County's planned Southeast Regional Wastewater System has lead to various questions from our customers
in the southeast project area. Also, suggestions have also been made by the City of Edgewater that they could provide services
at better cost. The County has recently asked that the City formalize its offer to clarify how they will provide utility service to
the area and at what price to the customer. A copy of that letter is attached for your information.
The County's position regarding utility services in southeast Volusia is stated in this letter. The objectives of the regional project
are to upgrade services in the area by eliminating septic systems and package plants, to avoid discharge of effluent to the river
and to keep services affordable to our customers. If the City of Edgewater can provide equivalent services and do so at a better
price, then the alternative of Edgewater being the utility provider in the unincorporated areas warrants serious consideration.
We have been advised by City staff that a response to our letter should be ready in a couple weeks. We anticipate the need
to analyze that proposal in terms of its assumptions, options presented and comparative value. It seems premature for the
County, or for that matter the City, to commit to an exchange regarding a proposal that at this time is speculative at best.
However, we also appreciate the need for the Hacienda customers to be informed regarding their utility services generally and
the southeast wastewater project specifically. There appears to be both confusion and misinformation which we would like to
dispel. We suggest that County staff come to the Hacienda community center for 2 -3 hours on Friday - April 25 and Monday -
April 28 to answer questions and hear your residents' concerns regarding their services and costs. We believe this approach
offers flexibility and easy access for both individual and group questions to be addressed. You can advise us what time(s) of
day (morning, afternoon or evening) are most convenient.
We are also enclosing a Question and Answer sheet based on some of the questions we have been asked by customers in the
southeast service area. We will do a separate mailing of this information to the Hacienda customers.
Please advise us if the dates or times suggested are inconvenient. If additional sessions seem appropriate they will be
scheduled.
Sincerely,
..71'k a-At-
Mary Anne Connors, Director
Water and Utilities Services
MAC/km
• County Council
`� \ Lawrence W. Arrington, County Manager
Terence M. Henry, Director Public Works Services Center
r. Robert lelfield
10414. ■....
Hacienda del Rio customers
Pnahnl On
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° . F voLUS'p -• PUBLIC WORKS SERVICES CENTER
ADMINISTRATION SERVICE GROUP
123 West Indiana Avenue* DeLand, Florida 32720 -4262
Telephone (904) 736 -5965♦ 257 -6017♦ 423 -3863 *FAX (904) 822 -5736
April 10, 1997
Mayor Jack Hayman
City of Edgewater
P.O. Box 100
Edgewater, FL 32121 -0100
Re: Wastewater Treatment
Dear Mayor Hayman: .
In 1994 our respective govemments agreed on a mutually acceptable service district for the
provision of water and sewer utility service to the residents in the unincorporated area of Southeast
Volusia County. We believed then, and still do, that the county utility system is in the best posture
to provide environmentally sound, cost effective utility service to our customers. However, we did
not then, nor do we now, rule out consideration of any realistic altematives to the way those services
are provided.
Our actions to build a regional wastewater treatment and reclamation system have been consistent
with our interlocal agreement and well known by Edgewater officials. At our last formal meeting with
the city manager, community services director and utilities director in September 1996, this
longstanding plan was reaffirmed by all parties. City officials acknowledged that Edgewater could
not provide equivalent capacity to the planned County plant. Mr. McMahon said the City might have
.5 mgd available depending on the rerating request which was pending at that time. It was
acknowledged that this (.5 mgd) was less than the initial capacity of the planned County facility (.6
mgd) and significantly less than the long term plant capacity of 1.2 mgd. It was further
acknowledged that the pursuit of SRF funding, a process with which the City is familiar, would not
allow the County to revise or postpone its plans based on speculation. The meeting concluded with
a mutual agreement the County would proceed with its plan. Any implication the County has ignored
or misrepresented offers from the City of Edgewater is a gross distortion of the facts.
We continue to hear indirectly or read in the paper about Edgewater's interest in providing service
to our customers in the unincorporated area. To date, the city has made no formal proposal
regarding services. If Edgewater has a more feasible and environmentally responsible plan, it is time
to set aside rhetoric and identify and commit to the specifics of that plan.
Page 1 of 2
As previously stated we are certainly open to change the way we are currently doing business.
However, the following prudent business conditions must logically be met:
1. The customers must be better served. (Service level, cost and timing)
2. Service provision must support the Indian River Lagoon Act and a no discharge
polic
3. e County utility system and ratepayers must be made financially whole for
investments, assets and anticipated revenues.
Assessment of the City's proposal and its consistency with these general conditions requires the
information we have requested in the following pages. We know you have already considered most
of these items prior to suggesting that the City will provide utility service to the current county service
district.
We further note that any assumptions regarding the availability of SRF funds for this system should
be avoided. As we have previously discussed, the SRF process has critical compliance dates. The
County is required to have plans completed by June 15, 1997, and permits approved by September
1997 to receive its funding allocation. It is unlikely that any restructuring of the County SRF plan at
this point could be designed, permitted and approved in this time frame and the City should structure
its service proposal in this context. Progress on the Southeast Facility will necessarily continue until
such time as the County and City reach a mutually acceptable. agreement.
We are prepared and positively disposed to give prompt and due consideration to the City's specific
offer for full assumption of water and wastewater services in the unincorporated areas of southeast
Volusia. Realizing your offer will involve a renegotiation of our service area agreement more
extensive financial analysis will be necessary to insure we meet the three basic conditions. We are
prepared to fast track negotiations for the service district and await your expeditious response.
Sincer ,
j ai
erence . Hen ir- or
Public Works Services Center
Attachment
cc: Volusia County Council
Edgewater City Commission
Lawrence W. Arrington, County Manager
George McMahon, Edgewater City Manager,
P. O. Box 100, Edgewater, FL 32123 -0100
Mary Anne Connors, Water and Utilities Service Group Director
News Journal, Editor, 901 S. Sixth St., Daytona Beach, FL 32117 -8099
Observer, Editor, 823 S. Dixie Freeway, New Smyma Beach, FL 32168 -7461
Page 2 of 2
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SOUTHEAST REGIONAL WASTEWATER SYSTEM
The following questions and answers include those most commonly received regarding
the Southeast Regional Wastewater project and some specific questions from
customers at Hacienda del Rio.
1 What is the purpose of this project?
The Southeast Regional Wastewater System has two major objectives:
eliminate indirect discharges to the Indian River from septic systems and
wastewater treatment plant percolation ponds;
upgrade a fragmented and mostly aging infrastructure for better customer
service and provide capacity for future development in the area.
2 What does the project involve?
The project components include:
Collection and transmission lines which collect and transport untreated
sewage to a treatment facility
A wastewater treatment plant with an initial capacity of .6 mgd expandable to
1.2 mgd (mgd = million gallons per day)
A disposal system to take the treated effluent from the plant and dispose of it
by irrigation without any discharge to the river
These components are givens regardless of who constructs or operates the system.
3 How long has the project been planned? How is it being paid for?
Planning began in 1989. Feasibility of the project was (is) based on securing low
interest funding from the State of Florida, known as the State Revolving Fund or SRF.
These funds are available to assist communities with wastewater projects and involve a
rigorous planning and approval process with strict deadlines for specific actions. The
County has been involved in this application process since 1994.
The current status of the project is that engineering plans, specifications and permit
applications have to be submitted to the state by mid -June. Plans and permits must be
approved by the state by September or the funding allocation will be voided.
4 Why is this SRF loan important?
The loan rate for this project is 3.25 %. Conventional funding would run about 6% which
drives up the loan payback amount 25 - 30 %.
5 How much will the project cost?
A cost summary sheet is attached. The total project cost is $11.5 million dollars. These
budgeted figures were developed for the loan request and actual costs may be lower.
6 What happens if there is no SRF loan from the state?
The County will have to look at conventional financing and consider options for meeting
the Indian River Lagoon Act.
7 How will the loan be repaid and by whom?
The County operates as a utility system. Its obligations are paid by system revenues
from both operating revenues (monthly charges to customers) and capital revenues
(fees paid by new customers, often developers, for their share of capacity in the lines
and plant facilities). Revenues to the system from our 4,000 wastewater customers and
8,000 water customers plus new connections are used to make debt payments.
Debts are not associated with particular projects or customer groups for repayment
purposes. The exception is an improvement of purely local benefit, eg. the local
collection systems which will be constructed in Indian Harbor and South Waterfront
Park. These systems will be paid through a special assessment.
No tax monies are used by the County utility system. It has operated for 10 years on its
own revenues.
8 What will this do to the rates?
System revenues for 1996 were $4.78 million. Our revenue projections indicate that
debt payments can be met by the current rate structure. The effect will be that monies
now going into other capital projects will be committed to debt service.
9 How are County rates set and regulated? How are Edgewater rates set and
regulated?
County rates are set by the County Council where customers are represented by their
elected officials. Edgewater rates are set by the City Commission. Under state law,
cities providing utility service outside their municipal boundaries are allowed a 25%
surcharge on their in -city rates without a public hearing on the out of city rates. With a
public hearing, the surcharge may be up to 50 %.
The Public Service Commission (PSC) which regulated Indian River Utilities is an
appointed state agency which regulates privately operated utilities. Its jurisdiction
ended with public ownership of the system.
•
10 Why the discrepancy between what the City of Edgewater says it has for
capacity and what the County says? Why hasn't the County talked to Edgewater
about this project?
When the County began planning this project in 1989 it contacted Edgewater regarding
any interest in a joint venture. The City was not interested at that time and was focused
on growth to the west. When the City indicated last year that it had treatment capacity
to offer, the County found that the combined projected flows for City and County
customers in the year 2000 would exhaust the City's permitted capacity. In a meeting
with City officials last September, the City was anticipating making a request to have its
permitted plant capacity rerated. It was mutually agreed at that time that the County
should pursue its plan as the City had no capacity it could commit and did not know
what capacity, if any , might be approved. Final approval of that application is pending
for an additional .5 mgd capacity.
The County's planned initial capacity of .6 mgd is based on the build out of the existing
communities in the area. The expandable capacity of 1.2 mgd is for growth anticipated
in the area when service is available.
11 What would the difference in project costs be using the Edgewater facility?
The County has requested Edgewater's proposal to serve the unincorporated area and
include all project elements including the collection /transmission and disposal.
Both project costs and, more importantly, customer costs will be compared.
12 Is the proposed plant as technologically advanced as the Edgewater facility?
Edgewater operates an Advanced Wastewater Treatment (AWT) plant and treats
effluent to the tertiary level. This level of treatment is required because effluent is
discharged to the Indian River.
The County plan is also an AWT facility but will be operated at the advanced secondary
level because the effluent will be used for irrigation. The nutrients left in the reuse
water are beneficial for plants. Plus it costs less to operate at the secondary vs.tertiary
level.
13 Why is discharge to the Indian River a problem?
Protecting the waters of the Indian River Lagoon from contamination is the basis for the
Indian River Lagoon Act and the County's no discharge plan for disposal. Even at high
levels of treatment, wastewater effluent is inconsistent with the saline ecosystems found
in the river. These ecosystems are particularly important for the neighboring shellfish
beds.
14 Why is the County looking to buy orange groves?
Orange grove irrigation offers the most efficient and economical means to dispose of
treated effluent. In particular, areas with sandy soils are effective for percolation of the
reuse water. The County originally sought to lease groves in the area for reuse
disposal. The purchase option was suggested by a grove owner with significant
holdings. Negotiations are ongoing.
The grove operation would involve private management of the groves under a contract.
Revenues would become part of the utility system revenues.
15 Will using reuse water for irrigation harm private potable water wells in the area?
There will not be any harm to wells in the area. Standards for reuse water are defined
based on how it will be used. It is common to find reuse water on golf courses and
increasingly in residential areas. Also, there are wellhead protection standards which
define and limit activities.
16 Why did the plant location change?
The original plant location near Ariel Road and Beacon Light Road was changed when
the option to purchase a larger land area offered sites closer to the areas being served
with more right of way available to run the transmission line. The planned plant site is
2000 ft from the nearest property line and 2200 ft from the nearest residence.
17 Will reuse water be available for residential customers?
Eventually. Phase I of the County project is focused on grove disposal because of the
need for quantity. Getting reuse water to those communities that are interested in
reuse for irrigation is planned.
18 What would rates be if Edgewater were the utility provider?
The City is making this determination. A cost comparison of Edgewater rates with the
County's general rates is attached. As noted above, surcharges are applied to out of
City customers. Current out of city customers pay a 25% surcharge.
19 Why have rates gone up since the County took over Indian River Utilities?
The County purchase of Indian River Utilities occurred after a substantial rate increase
was approved by the PSC. The County committed that it would use those rates for a
year and has not made any changes since the acquisition.
20 What will happen to rates at Hacienda del Rio in July?
We have not yet figured out how to align Hacienda rates with the rest of our structure.
Hacienda rates have lower availability rates but higher flow rates. We will be looking
for a way to align the rates with minimal impact on the customers. Incremental changes
are an option.
21 Will l have to annex to the City of Edgewater if they were the utility
provider?
Annexation of a contiguous area where utility service is provided may be required.
22 What will happen to the wastewater treatment plant now operating at Hacienda
del Rio?
The plant will be taken off line when regional services are available. The property is
leased by the County and will revert to the owner for development.
23 Why did the County buy Indian River Utilities? What was the basis for the price
paid?
The County bought Indian River Utilities both for its revenue (customer) base and for
its facilities. Its value was based primarily on the calculation of its revenue potential.
The good condition of its facilities did not detract from this value.
It was always intended that the wastewater plant would be eliminated when regional
service was available. The plant site remains in private ownership and will be used for
residential lots when the plant is removed.
IF YOU HAVE QUESTIONS OR CONCERNS NOT ADDRESSED BY THE ABOVE
INFORMATION, PLEASE CALL KAREN AT 943 -7027.
COUNTY STAFF HAVE OFFERED TO BE AVAILABLE TO ANSWER YOUR
QUESTIONS AT THE HACIENDA DEL RIO COMMUNITY CENTER ON APRIL 25
AND 28. TIMES TO BE ARRANGED WITH THE HOMEOWNERS' ASSOCIATION.