Loading...
03-03-2014 - Regular CITY COUNCIL OF EDGEWATER REGULAR MEETING March 3, 2014 6:00 P.M. COUNCIL CHAMBERS MINUTES 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION Mayor Thomas called the Regular Meeting to order at 6: 00 p.m. in the Council Chambers . There was a silent invocation and pledge of allegiance to the Flag. Present Mayor Michael Thomas Councilwoman Christine Power Councilman Mike Ignasiak Councilman Gene Emter City Manager Tracey Barlow City Clerk Bonnie Wenzel City Attorney Aaron Wolfe Excused Councilwoman Gigi Bennington 2 . APPROVAL OF MINUTES a. Regular Meeting of January 6, 2014 Minutes I Councilman Mike Ignasiak moved to approve the Regular Meeting minutes of January 6, 2014, second by Councilwoman Christine Power. The MOTION CARRIED 4-0. 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS a. School Scholarship Committee Chairman Mike Kelly to provide an update on the 2014 Princess Ball and the Scholarship Program to date. (added 2/24/14) School Scholarship Committee Chairman Mike Kelly presented a special thanks to the individuals who assisted with the 2014 Princess Ball. Mr. Kelly then commented on the reason for the Scholarship Committee and presented some of the highlights from the 3rd Annual Princess Ball. He also identified a couple of opportunities he saw for 2015 such as securing a couple more sponsorships and more exposure and 1 Council Regular Meeting March 3, 2014 success with the water bill and keeping their expenses low. He then presented a quick review of the financials. Councilman Emter further commented on this being a fantastic event. 4 . CITIZEN COMMENTS There were no Citizen Comments at this time. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA There were no Changes/Modifications to the agenda. 6. CITY COUNCIL REPORTS Councilman Ignasiak reported on attending the City Hall Bid Award where they approved the bid and he believed they would be closing that final issue out later tonight so they could go forward with the purchase of the new equipment, the YMCA expansion and all of the other things that would affect the community. He also attended the Spaceport presentation given at New Smyrna Beach High School; the CAPS Car Show and fundraiser that was held at Hawks Park; the Chamber luncheon regarding CRA's at the Brannon Center and the reading program, for a second time, at the Edgewater Public School, where he read "The Invention of Hugo Cabret" to some first graders . Councilwoman Power pointed out she had also participated in the reading program at Edgewater Public. Councilman Ignasiak read an article last week in the newspaper on Health & Fitness where one of the people that they interviewed commented that it was okay to be old. He thanked Councilwoman Power for that comment. Councilman Emter reported on attending the Economic Development Board meeting on February 5th, the Edgewater Landing HOA meeting on February 6th, the Spaceport meeting on February 11th, the Florida League of Cities Summit Series on February 14th, along with Councilwoman Power and the Chamber luncheon on February 18th. On February 8th, they spent a delightful day in the YMCA gym decorating for the Princess Ball. On February 20th he spoke to the Rotary Club. On February 24th he and Janet Shira met with a Daytona State Professor, Joy Calaruso, for the purpose of discussing the potential of a joint partnership between the Economic Development Board and Daytona State College to market Edgewater more effectively in social media. On February 26th he attended the monthly TPO meeting where they were trying to look at the 2040 Long-Range Transportation Plan and on February 28th he attended a TPO retreat. 2 Council Regular Meeting March 3, 2014 Councilwoman Power reported on attending the Princess Ball and helping with some of the decorating. She also attended the CPA class with Councilman Emter and read to the kids at Edgewater Public School. Mayor Thomas reported on attending the Volusia Council of Governments meeting last Monday. He was pleased that St. Johns showed up and gave a detailed report on the recovery of the springs. Governor Scott had allocated $55 million to help recover the springs . Blue Springs was one of the top four springs in this area. They were looking at the pollution going into the springs, just like the Indian River Lagoon. The St. Johns Representative said there was a Senator who felt $55 million wouldn't be enough who wanted $380 million allocated. He was pleased that they had a bunch of Mayors on-board on the environment such as Mayor Barringer, Mayor Green and County Councilman Doug Daniels. 7. CONSENT AGENDA a. Authorization for the Mayor to execute the Agreements allowing the City to utilize vacant property located at the corner of Lamont and North Ridgewood Avenue; Edgewater-New Smyrna Cemetery; and at East Park Avenue during the Edgewater Expo occurring March 14 - 16, 2014 Agenda Request I b. Approval of the First Amendment to the Land Lease Agreement with Vertex Development and authorization for the City Manager to execute the document Agenda Request I C. Approval of the purchase of a transfer trailer from General Truck Equipment and Trailer Sales Agenda Request I Councilman Emter had a question on Item C regarding the purchase of the transfer trailer. After looking at the proposal as well as the options that were available, he was thinking it might be wise to expand it to 53 feet for an added $2, 500 . City Manager Barlow identified his concerns with that. He recommended they don't consider that based on the safety factor. Councilman Gene Emter moved to approve the Consent Agenda, second by Councilman Mike Ignasiak. 3 Council Regular Meeting March 3, 2014 The MOTION CARRIED 4-0. 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a. 2nd Reading - Ordinance No. 2014-0-06: Fisherman's Cove Builders, LLC, requesting annexation of 23 . 92+/- acres of land located east of US Highway 1, between Douglas Street and East Ariel Road Agenda Request I City Attorney Wolfe read Ordinance 2014-0-06 into the record. City Manager Barlow identified they had received a letter from the City of Oak Hill dated February 26th regarding their objection to this annexation request. They did not believe it was in compliance with Chapter 171, which discusses annexation. They had also contacted the County of Volusia and encouraged them to send a letter as well, which the City received that was dated February 28th. The County believed the proposed annexation may create pockets or enclaves but there was an opportunity to discuss an interlocal service boundary agreement that would address some of those concerns. He suggested the City Council consider a continuation of this agenda item for a date certain of April 7th. He wanted to spend more time with City Attorney Wolfe researching this, it did not appear based on case history that the City of Oak Hill would have any jurisdiction or standing for the objection but the County may. He spoke of working with the County to get the concerns addressed and they would have more information at the April 7th meeting to recommend approval or not. City Manager Barlow further commented on the letter that was received from the County and preliminary discussion that Development Services Director Darren Lear had with the County Planning Department. He also described what an interlocal service boundary agreement would do and that it would be very similar to what New Smyrna Beach had done in the last year. Councilman Emter asked about water & wastewater. City Manager Barlow described the Utilities Commission as being separate and they would probably try to tie that in with the Interlocal Service Boundary Agreement with Edgewater. Councilman Emter questioned if they could delay this as long as they delayed the utility service contract agreement. City Manager Barlow spoke of the intention of the individuals from South Florida being to purchase this development and develop it with the understanding they could annex into Edgewater because of their positive working relationship with Edgewater and the services that Edgewater provides . 4 Council Regular Meeting March 3, 2014 There was discussion regarding this property having County water and sewer. City Manager Barlow identified some of the benefits of annexing into Edgewater as reductions in the fire insurance, fast police services and code enforcement services . Councilman Ignasiak questioned if the City was providing right-of-way maintenance on the entire strip that goes down there. City Manager Barlow informed him they did and that was where he wanted to spend more time with City Attorney Wolfe just to make sure. Councilman Ignasiak pointed out they had done that for a number of years . The City also provided law enforcement services as well as emergency services on that roadway going down there. He believed this was legally challenged when they first started and it was turned back which allowed them to do the annexation. He had a problem with putting efforts and resources into that area. He was aware of the unofficial agreement of not going north of Ariel Road but he had to take a step back when they had a sister city that wasn't providing the services down there suddenly telling them areas inside their area of maintenance, which they may or may not annex. The decision to annex was a two-part agreement. They weren't forcibly annexing anybody and they weren't soliciting annexations. The rightful property owners were coming to the City wanting to annex into the City so they could benefit from the services the City provides . Unless the County had some legal challenge, he wouldn't wait on anything or tie it in with any other package because this would affect all future decisions they may make in the area south of their current boundaries now. He suggested they find out if there was a legal matter with the County and if there wasn't then they proceed on with the property owner's request and invite them into the City. Mayor Thomas agreed. Councilwoman Power questioned if it was unofficially that Oak Hill didn't annex north of Ariel Road. City Manager Barlow thought that came along based on the challenge referenced by Councilman Ignasiak on the original annexation. He wasn't aware of any joint planning agreement between the cities of Edgewater and Oak Hill to demarcate those boundaries . The utility service area was recognized by the State and the County. They wanted to make sure they were able to say without a doubt that Oak Hill didn't have any standing. He felt an Interlocal Service Boundary Agreement with the County was a great idea. He had a preliminary discussion in December with the County Manager and he was favorable of that. Mayor Thomas entertained a motion. Councilman Mike Ignasiak moved to postpone this item to the April 7, 2014 meeting, second by Councilman Gene Emter. The MOTION CARRIED 4-0. 5 Council Regular Meeting March 3, 2014 Councilman Ignasiak asked if the property owner was present. City Manager Barlow identified Mr. Lear had been in conversation with the property owner. He thought he was planning on being there. Councilman Emter asked as an addendum to this if it would be possible or appropriate to tie this in with the utilities agreement that had been dallying for five years. City Manager Barlow thought it was possible but he wasn't sure they wanted to hold the developer up that long. Mayor Thomas spoke of it being very frustrating dealing with the County. City Manager Barlow identified he got the impression the developer was ready to break ground tomorrow morning essentially. Councilman Emter felt this would be incentive for the County to move faster than they have in the last five to seven years . City Manager Barlow didn't think they would wrap that up in 30 days and identified there was a lot more work that had to be done as far as the value of that system the City was going to purchase. Councilwoman Power was curious what the motive was behind Oak Hill poking Edgewater with a stick. City Manager Barlow identified his understanding was they tried to do a forced annexation some time back and the property owners' said no and used this opportunity. They had referenced they tried and he described a voluntary annexation was different than a forced annexation. City Manager Barlow felt it was disheartening because he felt they had made, as two communities, some great strides of mending fence and trying to work together. They had a great partner north of them. He further spoke of Southeast Volusia working collaboratively together for the best interest of Southeast Volusia. Councilwoman Power felt to quietly work with the County to make it happen was probably the best and highest ground. b. 2nd Reading - Ordinance No. 2014-0-07 : Jay and Sheila Gawthrop, requesting annexation of .31+/- acres of land located at 2401 Swordfish Lane Agenda Request I City Attorney Wolfe read Ordinance 2014-0-07 into the record. City Manager Barlow made a staff presentation. Mayor Thomas disclosed he had talked to the dentist too to see if he wanted to annex into the City. 6 Council Regular Meeting March 3, 2014 Due to there being no Council or public comment, Mayor Thomas opened and closed the public hearing and entertained a motion. Councilwoman Christine Power moved to approve Ordinance No. 2014-0-07, second by Councilman Mike Ignasiak. The MOTION CARRIED 4-0. C. 1st Reading - Ordinance No. 2014-0-11: Calling a Referendum to be held on November 4, 2014 General Election on the question of Economic Development Ad Valorem Tax exemptions Agenda Request I City Attorney Wolfe read Ordinance 2014-0-11 into the record. City Manager Barlow made a staff presentation. Mayor Thomas opened the public hearing and asked if it was majority or super majority. City Manager Barlow informed him it was just the majority of the people who vote. Councilman Ignasiak described this as being so similar to what they were requesting from the County. They were requesting a CRA area so they can get tax incentives to reinvest in the City. They were turning around under this proposal and basically giving tax incentives to business so they can reinvest in their businesses again. Neither one of them are losing because the original tax base does not change. There were jobs attached to this, which was a very defining factor, because that was what they were looking for in the community. He felt it showed they had more faith in their business community if they do this . He liked the idea of a referendum because of transparency. It was nice to put it out there for the public to give their say because they were the ones that were going to benefit from it and should have a say in it. Councilwoman Power felt it was vague the way it was written and wasn't specific as far as a time frame. She asked if that would have to be voted on and come up if it was approved by the general public. She questioned this just giving them the power to grant exemptions. City Manager Barlow identified if it was approved by the majority of the people that voted, they would be allowed to do these abatements for a ten-year period. If they wanted to extend it, they would have to go back to the voters . If it was approved by the majority of the voters, each individual business would have to qualify. Councilwoman Power clarified the qualification was spelled out in the article of the State constitution. City Manager Barlow explained the 7 Council Regular Meeting March 3, 2014 State Constitution allows them to do it and the Statute was very specific as far as what qualified. Councilman Emter felt this was a no-brainer. It was another effort on the part of this Council to support the community by adding another incentive to economic development. Due to there being no further Council or public comment, Mayor Thomas closed the public hearing and entertained a motion. Councilman Gene Emter moved to approve Ordinance No. 2014-0-11, second by Councilwoman Christine Power. The MOTION CARRIED 4-0. d. Resolution No. 2014-R-03 : Modification of the Purchasing Policy Agenda Request I City Attorney Wolfe read Resolution 2014-R-03 into the record. City Manager Barlow and Finance Director John McKinney each made a staff presentation and highlighted the proposed changes to the Purchasing Policy. Mr. McKinney spoke of eliminating Section 21 regarding minority businesses, they had to make modifications based on the review the State of Florida did on their purchasing policy. They can't have those provisions for Federal or certain State awards . Their review of the City' s policy was to strike that in its entirety. Mayor Thomas asked how they got away with that. City Manager Barlow identified State and Federal had continuously changed their processes. He suggested if that was a hot button issue with the Council to recognize minority businesses they could put it in there in a clause that would prohibit if it didn't run conflict with any receiving grants or revenue streams. Mayor Thomas knew some gentlemen that put their businesses in their wives ' names to have a minority. City Manager Barlow identified they went through that cycle where they wanted everyone to recognize minority businesses and then they found those loopholes and he thought the State figured it out and pulled it. Mr. McKinney stated they inserted Section 23 on federally funded projects . When they did that, the State of Florida signed off on the draft purchasing policy. It complied with Florida Statutes and State and Federal requirements . Mayor Thomas asked if they got away from taking the lowest bidder. Mr. McKinney informed him if it was a price bid, they typically had to 8 Council Regular Meeting March 3, 2014 go with the lowest bidder unless there were objections which had to be legitimately stated and why. Mayor Thomas mentioned the difficulties they had with the Fire Station, which was a low bid. City Manager Barlow informed him they anticipated that at the very beginning. When they require them to advertise that in Central Florida and they get someone from the other coast that comes over and low bids everyone else and they police them to where they can't do change orders to make up the difference and then at the end of the day they wind up in litigation. Mayor Thomas wanted to provide jobs for our people here. City Manager Barlow spoke of having some of that local preference in the purchasing policy as well. He added that to be compliant to get the Federal dollars this was where they were. Councilman Emter was totally impressed with the specificity of the policy as it was much more extensive than anything he had ever seen before, almost to the point of being cumbersome. Due to there being no further Council or public comment, Mayor Thomas closed the public hearing and entertained a motion. Councilman Mike Ignasiak moved to approve Resolution No. 2014-R-03, second by Councilwoman Christine Power. The MOTION CARRIED 4-0. Yes Councilman Gene Emter, Councilman Mike Ignasiak, Councilwoman Christine Power, Mayor Michael Thomas No None Abstain None e. Resolution No. 2014-R-04 : Investment Policy revision to update existing policy dated April 7, 2008 Agenda Request I City Attorney Wolfe read Resolution 2014-R-04 into the record. City Manager Barlow made a staff presentation. Mr. McKinney highlighted the changes made to the Investment Policy. City Manager Barlow asked Mr. McKinney to give the recent example of the investment they have where it dropped below and what it would have cost them if they sold it before term, which he did at this time. He then commented on two items that were now included in the policy; the investment portfolio manager must notify him within 30 days if an 9 Council Regular Meeting March 3, 2014 investment is downgraded and at the next Council meeting he would come to Council and give them the option of how to handle that investment. Mayor Thomas opened the public hearing. Councilman Emter felt this was well done and quite comprehensive. He then expressed concern with the investment dropping and there not being a Council meeting for another three weeks, outside of calling a Special Meeting. In the meantime it keeps dropping and the City continually loses more money. He would prefer under that type of situation that they don't wait. Mr. McKinney stated per policy he had that authority. He purchases and sells investments as they see fit. When he has purchased something he has always taken the options to the City Manager and they discuss that at length before he purchases it. Councilman Emter didn't want the policy to get in the way of prudent action. Mr. McKinney informed him safety, liquidity and yield was their montra on this . City Manager Barlow commented on the requirement to bring certain items back to Council after the fact to let them know the actions that were taken. Due to there being no further Council or public comment, Mayor Thomas closed the public hearing and entertained a motion. Councilwoman Christine Pover moved to approve Resolution No. 2014-R- 04, second by Councilman Gene Emter. The MOTION CARRIED 4-0. f. Resolution No. 2014-R-05 : Capital Improvement Revenue Note Series 2014 with Branch Banking and Trust Company and approval of all associated budget amendments Agenda Request I City Attorney Wolfe read Resolution 2014-R-05 into the record. Mr. McKinney went through the time-line of how they got to where they were this evening. He further stated the loan was for ten years with an interest rate of 2 . 41% and what the funds from this issuance would be used for, for an amount not to exceed $1. 3 million. He then introduced Joe Stanton, the City' s Bond Attorney and Andrew Mazlin, the City's Financial Adviser with First Southwest. Councilwoman Power asked who the custodian was . Mr. McKinney informed her BB&T was the custodian but were not there this evening as they felt it wasn't necessary for them to be there at this time. Joe Stanton, Bond Attorney, made a presentation by pointing out that there would be no custodian in this situation and that BB&T was going 10 Council Regular Meeting March 3, 2014 to purchase this note from the City and hold it themselves. He stated the resolution authorized a loan agreement that would be entered into between the City and BB&T, authorizing the issuance of a note to evidence the borrowing and also authorized the execution of various documents they needed in order to close the transaction as a tax exempt loan under State law. Mayor Thomas opened the public hearing and asked for Council comments and questions. Councilman Emter asked if BB&T could sell this note. Mr. Stanton informed him they were going to issue a certificate at closing that indicated they intended to hold this note for themselves and had no plan to resell the note to the public. By law they could not sell it. Mayor Thomas asked for public comment. The following citizen spoke: Nora Jane Gillespie, 2263 Candlewood, New Smyrna Beach, informed Mr. McKinney when he listed the items he didn't list the YMCA. Mr. McKinney pointed out they had a change to that and that that item was going to be covered under Item 10D. City Manager Barlow stated the YMCA expansion was going to be loaned from the Stormwater Enterprise Fund which was permitted by the City' s policy. Mr. Stanton stated in order to qualify to get the 2 . 41% rate they had to borrow for governmental purposes. The YMCA loan was a non-governmental purpose and caused issues under the Federal Tax Code. They came up with the solution to use the tax exempt money for the governmental purpose and use generally available funds for the YMCA to avoid the tax issues and were able to retain the very attractive borrowing rate. He felt this was a win-win for the City. Due to there being no further Council or public comment, Mayor Thomas closed the public hearing and entertained a motion. Councilman Gene Emter moved to approve Resolution No. 2014-R-05, second by Councilwoman Christine Power. The MOTION CARRIED 4-0. g. Special Activity Permit - James Kelly, applicant for No Name Saloon located at 2001 S. Ridgewood Avenue, requesting a Special Activity Permit for Bike Week 2014 events, with outdoor music, to be held March 7 through March 16, 2014 Agenda Request 11 Council Regular Meeting March 3, 2014 City Manager Barlow made a staff presentation. Mayor Thomas asked for Council comment. Councilman Ignasiak felt they had been doing a bang up job. He felt it was like night and day compared to how it had been years ago. He felt it was well run and well organized. Mayor Thomas asked for public comment. The following citizen spoke: Rick Robertson, 1930 S. Riverside Drive, has been coming to this location for 25 years and saw the club when it was a dump. This guy took it over and has worked hard. He stated the Edgewater Police did a good job and spoke in favor of this event. Councilwoman Power mentioned that really only one person had complained a couple of times . Due to there being no further Council or public comment, Mayor Thomas entertained a motion. Councilman Mike Ignasiak moved to approve Special Activity Permit for the No Name Saloon, second by Councilman Gene Emter. The MOTION CARRIED 4-0. Mayor Thomas called a fifteen-minute break at this time and stated they would reconvene at 7 : 40 p.m. The meeting recessed at 7 :22 p.m. and reconvened at 7 : 42 p.m. 9. BOARD APPOINTMENTS a. Citizen Code Enforcement Board - Councilman Ignasiak's appointment due to the vacancy left by the resignation of Linda Johnson Agenda Request I Councilman Mike Ignasiak moved to appoint Nikki Hughart to the Code Enforcement Board, second by Councilman Gene Emter. The MOTION APPROVED 4 - 0. b. Library Board - Councilwoman Power' s appointment due to the expired term of Mary Person 12 Council Regular Meeting March 3, 2014 Agenda Request I Councilwoman Christine Power moved to appoint Mary Person to another term on the Library Board, second by Councilman Gene Emter. The MOTION APPROVED 4 - 0. C. Library Board - Councilwoman Bennington's appointment due to the expired term of Larry Middleton Agenda Request I Due to Councilwoman Bennington' s absence this item was tabled to the next meeting. 10. OTHER BUSINESS a. Authorization to purchase a new truck chassis and Vac-Con Sewer Combination Cleaner Body from Kenworth of Central Florida and Southern Sewer Equipment Sales and all necessary budget amendments Agenda Request I City Manager Barlow made a staff presentation. Councilman Emter asked exactly what did this do, which City Manager Barlow explained for him. Mayor Thomas felt they couldn't go without it. Due to there being no further Council or public comment, Mayor Thomas entertained a motion. Councilman Mike Ignasiak moved to approve the purchase a new truck chassis and Vac-Con Sewer Combination Cleaner Body from Kenworth of Central Florida and Southern Sewer Equipment Sales and all necessary budget amendments, second by Councilwoman Christine Power. The MOTION APPROVED 4 - 0. b. Authorization for the City Manager to enter into an agreement with Selectron, Inc. for the implementation of VoicePermits, WebPermits, WebUtility and VoiceCitation systems Agenda Request 1 13 Council Regular Meeting March 3, 2014 City Manager Barlow made a staff presentation. Councilman Emter felt this sounded like something that would take a while to become accustom to. He asked how the addition of this system would be communicated to those who were going to use it in order to allow them to use it efficiently, which City Manager Barlow identified for him. Councilwoman Power asked if this included training. City Manager Barlow stated it included all of the training and implementation and after year one they would have annual service fees . Mr. McKinney stated the Finance staff already used a good portion of the system and that this would replace the web portal already in use. He further commented on getting training for staff on the Building side. He felt it was really a very simple system compared to what they currently had. City Manager Barlow stated once they got this up and running, there was a different program this may replace, which the savings from there would offset the cost of their annual maintenance on this one. Councilwoman Power asked if there was a customer service line for this . Mr. McKinney informed her 424-2400 Option 2 . City Manager Barlow explained they were trying to route everything into the 424- 2400 number and added that down the road they would have to replace the phone system too, which would be a voice over IP system that would give people the ability to reach off site facilities by calling one phone number. Due to there being no further Council or public comment, Mayor Thomas entertained a motion. Councilwoman Christine Pover moved to authorize the City Manager to enter into an agreement with Selectron, Inc. for the implementation of VoicePermits, WebPermits, Web Utility and VoiceCitation systems, second by Councilman Mike Ignasiak. The MOTION APPROVED 4 - 0. C. Approval of the purchase of a new One Pierce Impel Custom Pumper (fire apparatus) from Pierce Manufacturing, Inc. and all necessary budget amendments Agenda Request I City Manager Barlow made a staff presentation. 14 Council Regular Meeting March 3, 2014 Due to there being no Council or public comment, Mayor Thomas entertained a motion. Councilman Gene Emter moved to approve the purchase of a new One Pierce Impel Custom Pumper (fire apparatus) from Pierce Manufacturing, Inc. and all necessary budget amendments, second by Councilwoman Christine Power. The MOTION APPROVED 4 - 0. d. Approval of the amended and restated Memorandum of Agreement between the City of Edgewater and the YMCA; authorization for the Mayor to sign the Agreement; and approval of all necessary budget amendments Agenda Request I City Manager Barlow and Mr. McKinney made a staff presentation. The loan would be amortized over a ten-year period, they were able to negotiate with the YMCA a set monthly payment of $3779. 17 for a total repayment of $453, 500. Due to there being no Council or public comment, Mayor Thomas entertained a motion. Councilman Mike Ignasiak moved to approve the amended and restated Memorandum of Agreement between the City of Edgewater and the YMCA; authorization for the Mayor to sign the Agreement; and approval of all necessary budget amendments, second by Councilwoman Christine Power. The MOTION APPROVED 4 - 0. e. Approval of the Purchase Order to Quentin L. Hampton Associates in the amount of $40, 900 for the Monson and Riverview Drive Stormwater Improvement Design Agenda Request I City Manager Barlow made a staff presentation. Andrew Giannini, Quentin L. Hampton Associates as well as Environmental Services Director Brenda Dewees were available to answer any questions . Councilwoman Power asked if this included the $40, 000 for the design. City Manager Barlow informed her it did. City Manager Barlow stated Monson was estimated to be $336, 000 with a life expectancy of about 50 years. 15 Council Regular Meeting March 3, 2014 Due to there being no further Council or public comment, Mayor Thomas entertained a motion. Councilman Gene Emter moved to approve the Purchase Order to Quentin L. Hampton Associates in the amount of $40,900 for the Monson and Riverview Drive Stormwater Improvement Design, second by Councilwoman Christine Power. The MOTION APPROVED 4 - 0. 11. OFFICER REPORTS a. City Clerk City Clerk Wenzel had nothing at this time. b. City Attorney City Attorney Wolfe had nothing at this time. C. City Manager City Manager Barlow spoke about Aqua Park and stated it was being maintained by a non-profit group of parents from the High School so the High School Swim Team had a place to practice. They were doing all of the maintenance and taking care of all of the bills on their own for as long as the owner would allow them to stay there. The High School had no other place to train. They were currently in conversation with them to maybe do a joint venture with another expansion of the YMCA for a training pool. The group of parents would raise the funds for that and then the YMCA would partner with them and help manage it. Every two to three years they drain the pool, do maintenance and refill it. They have asked the City for assistance with refilling the pool at 200, 000 gallons, which would currently cost them about $1, 651. 00 just in water. The lowest tier would reduce their bill to approximately $322 . He needed direction from Council if that was something they were willing to work with the High School on. The design of the YMCA pool could not accommodate the Swim Team practice. The owner wanted to tear down the facility and they were hoping to get one more year of use out of that facility before they could figure out somewhere else to go. The next closest area was Port Orange, which was already overbooked as far as swim practice. Councilwoman Power pointed out that the deck was being redone at the Port Orange YMCA. She then asked if it was for the outside pool, which City manager Barlow informed her it was . Councilman Emter felt based on the amount of usage and benefit to the community this was a small request and suggested they approve it. 16 Council Regular Meeting March 3, 2014 Councilman Ignasiak and Councilwoman Power agreed. City Manager Barlow stated during the week of April 14th, they will have a great deal of key staff members participating in an emergency management training in the City of New Smyrna Beach. FEMA, from Maryland, was bringing a course to Southeast Volusia, for the first time in Volusia' s history. He started negotiating and working on that in 2009. He felt it was a great opportunity during that training to do a mini training with Council on Monday, April 14th at 6 p.m. that would simulate if they had to call an emergency City Council meeting, where the Council would come in and declare a State of Emergency. By chance anything ever happened they would already be familiar with what their roles were and how they act in an emergency situation. Councilwoman Power and Councilman Emter were interested in doing that. City Manager Barlow reminded Council that on March 12th at 6:30 p.m. there was a joint workshop with the Planning & Zoning Board and Economic Development Board on the Community Redevelopment Plan and Findings of Necessity report. On March 18th at 6 p.m. was the joint workshop with the cities of New Smyrna Beach and Oak Hill to discuss CRA, the Trails and the Lagoon issue. March 14th through March 16th was the Edgewater Expo. Rebecca Ryan was doing a seminar in New Smyrna Beach on March 21st. City Manager Barlow went over the "report card" that Florida Health Care put together after one year of participating in the Workforce Wellness program. 12 . CITIZEN COMMENTS The following citizens spoke: Debra Rogers, 510 S. Riverside Drive, read a letter dated March 3, 2014 into the record regarding Deed Restrictions for Menard-May Park. She then read a letter dated March 3, 2014 into the record regarding Code Violation Number 13-00107271. Daniel Rogers, 510 S. Riverside Drive, continued reading the March 3, 2014 letter regarding Code Violation Number 13-00107271 as Ms. Rogers had ran out of time. Copies of the letters and their attachments were provided to the City Clerk. City Manager Barlow provided comments with regard to the concerns identified by Ms . Rogers . With regard to the Deed Restrictions for Menard May Park, he agreed to review the information turned in by Ms . Rogers with City Attorney Wolfe to determine if there were any corrective actions needed by the City. They were going to look into 17 Council Regular Meeting March 3, 2014 the Menard May Park issue but he didn't plan to address the Code Enforcement issue. Councilwoman Power asked if they ever discerned what structure meant and if it was specified. City Manager Barlow identified he had just received the documents this evening and wanted to review those with City Attorney Wolfe. 13. ADJOURNMENT There being no further business to discuss, Mayor Thomas adjourned the meeting at 8 :20 p.m. Minutes submitted by: Lisa Bloomer, CMC Attest: APPROVED: City of Edgewater, Florida Bonnie Wenzel, City Clerk Michael L. Thomas, Mayor 18 Council Regular Meeting March 3, 2014 3\31ti CITY OF EDGEWATER Daniel & Debra Rogers RECEIVED 510 S. Riverside Drive MAR 0 3 2014 Edgewater, FL 32132 March 3, 2014 CITY CLERK City of Edgewater P.O. Box 100 Edgewater,FL 32132 Attn: Mr.Tracey Barlow City Manager Re: Code Violation Number 13-00107271 Dear Mr. Barlow, On January 6, 2014 I referenced the above code violation. I hired a surveyor to provide me a survey of my river front property and requested that they stake out all boundaries and depict it on my survey. I had my home listed with a local broker at the time and had to fill out a Seller's Disclosure. After receiving the survey I realized that my riverfront property on the South End has a problem. The fence that my neighbor put up was actually on my property,furthermore it is also "entirely" in the City Right of Way. I spoke to the neighbor and was informed that they would remove the fence. They did not remove it and then I called the City and spoke to the city Paralegal. She informed me that if a fence encroaches into a right-of-way that the City shall not be responsible. I informed her that this is no mere encroachment. The entire fence is in the City Right of Way. She said that I should speak to the Code Department. I met with Mr.Jeff Lariscy in May 2013 and provided him a copy of my riverfront parcel survey and pointed out my issues that are listed in the Land Development Code under section 21-38 titled—Fences, Walls and Hedges. He said that he would have to review this and would get back with me. He did and informed me that this was in fact a Code Violation. In addition, he informed me that no permit was pulled for the two fences on the neighbor's property, nor was there a permit pulled for the sprinkler irrigation that is located on at least two different areas on the property. This matter was closed by you on Friday,June 21, 2013. When you called me and informed me that this case was closed and the issue is over. You indicated to me that your opinion was that this had to do with a neighbor dispute. Mr. Barlow, this neighbor is a member of the Code Board. On May 16, 2013 he confronted me and harassed me and retaliated'against me because he was upset that I had filed a complaint with the code department. I called the code department the day that I was confronted by the neighbor and a suggestion was made that I file a complaint with the Police Department for this harassment. I did and informed the City of this and nothing has been done. I have met with legal counsel and was informed to bring this violation back up. It is not closed because the violation still exists. I am now bringing it back up and I have been made aware that there is an order that I can receive from a court called "Writ of Mandamus," if this violation is not handled like all other city code violations. Sincerely, k0 De ra Rogers \ CD 0 \ i 1 C 1 -4 _ I n o z 0 �m I N64 10'49"E(M) 11 ➢ Pg-^DENOTES WETLAND rr nn ' I FLAG NUMBER =' 1 40.71' O O o �q L 0 T 241 37.37' P$ _ M.B. 1, PG. 156 1 (Nj1 •®\\ 1' 0 P J \\ ® SEE SHEET 2 = O I/ — — _ ®'N 64°10'49"E 100.00`(D)(M) '•i•y N N POINT OF \ . .� 3 t L U)W BEGINNING _ P� \ — . . W N — 40.63' -.® 111—I"3.24• 46.13' CONNECTICUT AVENUE (}1 ocn (40' R/W) 0/U O . -_ Ao 0 53.67 As (M) O O .© MEAN HIGH WATER _ = O w \ p ELEVATION+1.7' W 7 I P (NGVD 1929)AS TBM- NAIL&DISK - `^m - D ®: © LOCAL ED ON 09-12-2012 ELEVATION=6.46 - Z P.' (NGVD 1929) "�.)/".',..':` .. 4 / 2.09' l� o 3 .`' z /3 3 • �. ti. ti. ry• / I Z W NOERAIL 25.00, /' 15.20' /r1iY�/P / •1 N64 10'49"E(M) / '1 v° (.f ; 1I 1 40.20'(M) I i SSuR C3 Tist r ��'\JCn/,ll c s/J Z 1 +N " Cl. AN , I1 1 \ '\ s-.'` \ WETLAND LINE `- ,MEAN HIGH WATER LINE ® N 22°37'58"W 5.10' \ JO N 16°32'17"W 40.29' © N 22°37'58"W 6.07' QK N 58°55'49"W 29.86' © N 53°20'37"W 10.28' OD N 19°51'33"W 8.34' O N 62°34'56"W 9.69' *WETLAND LINE AS FLAGGED BY BCS, INC. Q N 07°48'55" E 13.57' REVIEWED AND APPROVED BY FLORIDA DEPARTMENT' © N 12°31'30"W 13.85' OF ENVIRONMENTAL PROTECTION REPRESENTATIVE OH N 21°18'48''W 8.80' JAMES B. LEE ON AUGUST 7, 2012 Ol N 14°34'27"W 12.22' TIIF:TRUSTEES OF THE INTERNAL IMPROVEMENT FUI` EDGEWATER POLICE DEPARTMENT ❑Juvenile ❑ Hate Crime INCIDENT REPORT Page 1 of 3 Pages ❑Gang ❑Elderly Abuse/Exploitation Agency Report Number ❑Domestic Violence VOR 130500179 Agency ORI Number Zone# Telephone Handled 1.Yes ❑Endangered/Other FL0640600 EW01 Call?(T.H.C.) 2.No I2 Reported: Day Date Time(mil.) Time Dispatched(mil.) Time Arrived(mil.) Time Completed(mil.) Nature of Call(Report Type) Thursday 105-16-2013 11040 11056 11056 11107 22 Disturbance Incident Type: 3.Misdemeanor 5.Ordinance Incident:Day Date Time(mil.) Day Date Time(mil.) I Occurred During: 1.Felony 4.Traffic 9.Other From D-Day U-Unknown 2.Traffic Felony Misdemeanor Wednesday'05-15-2013 11040 TO Thursday 105-16-2013 11107 1 N-Night ID < Offense Type Statute Violation Number Description A-Attempted I < #1 C-Committed O Statute Violation Number Description A-Attempted I Z #2 C-Committed W Incident Location(Street,Apt.Number) City Zip W 510 S RIVERSIDE DR EDGEWATER 32132 Business Name/Area Identifier #Prem.Entered Drug Related Alcohol Related Forced Entry Arson-Inhabited Arson-Attempted 0.N/A 1.Yees I2 0.N/A 12.Yees I2 1.Yees 3.Attempted I2 1.Occupied 3.Abandoned I 1.No Location Type Location Type Codes 01.Residence-Single 05.Convenience Store 09.Supermarket 13.Bank/Financial Inst. 17.Gov'VPublic Bldg. 21.Airport 25.Parking LoVGarage 29.Motor Vehicle 02.Apartment/Condo 06.Gas Station 10.Dept/Discount Store 14.Commercial/Office Bldg. 18.School/University 22.Bus/Rail Terminal 26.Highway/Roadway 30.Other Mobile 03.Residence/Other 07.Liquor Sales 11.Specialty Store 15.Industrial/Mfg. 19.Jail/Prison 23.Construction Site 27.Park/Woodlands/Field 88.Unknown 01 r14 Hntnl/Mntpl na Rar/Ninhtrkrh 12 nnin Stnre/Hnsnital 16 Stnrane 9n Relininuc RIM 4 Other Stn, tire 2A 1 ake/Watetwav 99.Other V/W Code Victim/Subject Type Address/Phone Type Race Sex Residence Type Residence Status V-Victim N-Nest of Kin 0.N/A 4.Business B.Business/Work M.Message P.Pager W-White 0-Oriental/Asian M-Male 0.NA 3 Florida 0.N/A W-Witness 0-Other 1.Juvenile 5.Government C.Cell N.Next of Kin S.School B-Black U-Unknown F-Female 1.City 4.Out-of-State 1.Full Year W 2.L.E.Officer 6.Church 2.Par.Year R-Reporting Person H.Home O.Other V.Vacation I-American Indian U-Unknown 2.County 3.Adult 9.Other 3.Non-Resident o Means of Attack Extent of Injury Domestic Violence Victim Relationship to Offender U F-Firearm O-Other Dangerous OO.N/A 03.Laceration 06.Poss.Internal Injury 09.Abrasions/Bruises S-Spouse B-Sibling Z-Other 1.Yes K-Knife/Cutting Inst. H-Hands,Fists,Feet,Etc. 01.Gunshot 04.Unconscious 07.Loss of Teeth 10.No Visible Injury 2 No P-Parent O-Other Family Offense Indicator V/W Code # V.Type ••Nature of Call(for Victim,if different from Incident) Name(Last/Business) (First) (Middle) 1.#1 3.Both 2 #2 I R I1 3 ROGERS DEBRA J Address(Street,Apt.Number) City State Zip Residence Phone 510 S RIVERSIDE DR EDGEWATER FL 32132 Business/School/Other Address(Street,Apt.Number) City State Zip 1 Address Type 1 Business/School/Other Phone 1 Phone Type Other Contact Into(Time Available,Interpreter,etc.) 1 Synopsis of Involvement 1t(ett Gyps Race Sex Date of Birth Age Ethnicity Res.Type Res.Status Means of Attack Extent of Injury Domestic Violence Relationship K 1'.2,04 � / -1 - Offense Indicator V/W Code # V.Type Nature of Call(for Victim,if different from Incident) Name(Last/Business) (First) (Middle) W 1.#1 3.Both fn 2.#2 I O 11 3 BARNHILL GLENN S W Address(Street,Apt.Number) City State Zip Residence Phone H 602 S RIVERSIDE DR EDGEWATER FL 32132 Business/School/Other Address(Street,Apt.Number) City State Zip Address Type Business/School/Other Phone Phone Type pOther Contact Info(Time Available,Interpreter,etc.) Synopsis of Involvement U 5 , Race Sex Date of Birth Age Ethnicity Res.Type Res.Status Means of Attack Extent of Injury Domestic Violence Relationship M i. _AO": W M 0 -21-1959 54 N 1 1 Offense Indicator VM/Code # V.Type Nature of Call(for Victim,if different from Incident) Name(Last/Business) (First) (Middle) • 1.#1 3.Both 1 1 2.#2 W Address(Street,Apt.Number) City State Zip Residence Phone Z H Business/School/Other Address(Street,Apt.Number) City State Zip Address Type Business/School/Other Phone Phone Type pOther Contact Into(Time Available,Interpreter,etc.) Synopsis of Involvement U_ _ _ > fiV Race Sex Date of Birth Age Ethnicity Res.Type Res.Status Means of Attack Extent of Injury Domestic Violence Relationship �tinti'Tjpe^�� t,ZOr3, , Offense Indicator V/W Code # V.Type Nature of Call(for Victim,it different from Incident) Name(Last/Business) (First) (Middle) to 1 #1 3.Both 1 2.#2 W Address(Street,Apt.Number) City State Zip Residence Phone Z I- Business/School/Other Address(Street,Apt.Number) City State Zip Address Type Business/School/Other Phone Phone Type pOther Contact Info(Time Available,Interpreter,etc.) Synopsis of Involvement U icvtermType Race Sex Date of Birth Age Ethnicity Res.Type Res.Status Means of Attack Extent of Injury Domestic Violence Relationship •1i4 Ora, Offense Indicator V/W Code # V.Type Nature of Call(for Victim,if different from Incident) Name(Last/Business) (First) (Middle) u) 1.#1 3.Both 1 1 2#2 W Address(Street,Apt.Number) City State Zip Residence Phone Z I- Business/School/Other Address(Street,Apt.Number) City State Zip Address Type Business/SchooVOther Phone Phone Type pOther Contact Info(Time Available,Interpreter,etc.) Synopsis of Involvement 0 Race Sex Date of Birth Age Ethnicity Res.Type Res.Status Means of Attack Extent of Injury Domestic Violence Relationship $1rtc4im Type. . 4'i�S1Y.' INCIDENT REPORT(CONT.) Page 2 of 3 Pages Offense Indicator Subject Code Code it Subj.Type Name(Last) (First) (Middle) Race Sex Ethnicity 1.#1 3.Both I S-Suspect V-Victim 2.#2 D-Defendant (Missing Person) Date of Birth Age I To Age Height I To Height Weight I To Weight Eye Color Hair Color Maiden Name Nickname/Street Name Place of Birth -City County State Employer/Other/School Occupation I I Last Known Address(Street,Apt.Number) City State Zip Address Type Phone Phone Type Other Address(Street,Apt.Number) City State Zip Address Type Phone Phone Type Z Drivers License State/Number Social Security Number Other ID Number ID Type 0 I- C) Clothing(Describe) Scars/Marks/Tattoos(Type/Describe) Scars/Marks/Tattoos(Type/Describe) 0) / / / / / J O Hair Length /Style Skin Build Facial Features SpeechNoice Deformity Glasses Z / / / / / / / / CO Demeanor Mask Weapon Type Subject Was Already Warrant From (n HEyjgf:;, If Arred' in Custody? 1.Yes 1.This Aggency / / / / / 2.No I 2.Other Aaencv Date of Last Contact Date of Emancipation Caution Caution Reason Personal Habits(Drugs/Alcohol) I 0 a May Be With Physical Condition: Mental Condition: Doctor Name: Dentist Name: CO D ': ? Incident Type Foul Play Missing Before? Fingerprints Photo Available? Dental Record (J) .Cl). 1.Runaway 6.Disaster Suspected? Available? Available? 2.Parents Victim 3.Involuntary 7.Voluntary 1.Yes 1.Yes 1.Yes 1.Yes 1.Yes kie4! 4.Disabled Adult 2.No 2.No 5.Endangered 8.Unknown I 8.Unknown I 8.Unknown I 2.No I 2.No I 2.No ti�, 1, (Printed) (Signature) certify that I have reported the above person as a missing c person;and this agency has my permission to enter this person in a statewide alert. Offense Indicator Subject Code Code # Subj.Type Name(Last) (First) (Middle) Race Sex Ethnicity 1.#1 3.Both S-Suspect V-Victim 2.#2 I D-Defendant (Missing Person) Date of Birth Age I To Age Height I To Height Weight I To Weight Eye Color Hair Color Maiden Name Nickname/Street Name Place of Birth -City County State Employer/Other/School Occupation 1 I Last Known Address(Street,Apt.Number) City State Zip Address Type Phone Phone Type Other Address(Street,Apt.Number) City State Zip Address Type Phone Phone Type O Drivers License State/Number Social Security Number Other ID Number ID Type H O Clothing(Describe) Scars/Marks/Tattoos(Type/Describe) Scars/Marks/Tattoos(Type/Describe) 0) / / / / / O Hair Length /Style Skin Build Facial Features SpeechNoice Deformity Glasses Z / / / / / / / / 0) %'• Demeanor Mask Weapon Type Subject Was Already Warrant From (/) E Iblect'' / / / / / 4 7 in Custody? 1.Yes 1.This Agency C ■• •I' 1.-1n G Date of Last Contact Date of Emancipation Caution Caution Reason Personal Habits(Drugs/Alcohol) I W May Be With Physical Condition: Mental Condition: Doctor Name: Dentist Name: m D g" Incident Type Foul Play Missing Before? Fingerprints Photo Available? Dental Record (/) , 1.Runaway 6.Disaster Suspected? Available? Available? 2.Parents Victim 3.Involuntary 7.Voluntary 1.Yes 1.Yes 1.Yes 1.Yes 1.Yes 4.Disabled Adult 2.No 2.No 2.No 2.No 2.No - 5.Endangered 8.Unknown I 8.Unknown I 8.Unknown I, (Printed) (Signature) certify that I have reported the above person as a missing F-0 person;and this agency has my permission to enter this person in a statewide alert. 1 On Thursday May 16,2013 at 10:56am,Ofc. Harris was dispatched to a disturbance that was not in progress in the lobby of the Edgewater Police 2 Department.Upon arrival Ofc.Harris met with Deborah Rogers(R1). 3 > 4 Rogers advised she has been calling code enforcement on her neighbor,Glenn S.Barnhill(01),for over a year now.She stated his fence is not H 5 code and he has several plants that are not trimmed to the appropriate height of 4ft. l2 • 6 II 7 Rogers stated around 9am this morning while she was walking her dogs,Barnhill called to her.She said she walked over to his fence where he z 8 proceeded to accuse her of calling code enforcement on him.She said he was very loud and condescending toward her and her husband.She 9 stated he leaned toward her which made her uncomfortable and she broke down crying. 10 Final Case Final Case Status: Status Codes: 1.Arrest/Adult 2.Arrest/Juv. 3.Exceptional/Adult 4.Exceptional/Juv. 5.Closed 6.Unfounded El Victim Advocate El Triad El SA Referral W 15 Q CAC• Hotline I Spoke With: I Date: I Time: FCIC/NCIC Cancel T.T.BOLO I Date: I By: CC I- Connecting Report Number Agency Additional Forms cn_ I Attached: INt Narrative ESA 707 El Persons El Property IEI Veh./Tow Sheet ❑Other Describe: Z • Officer Reporting-Printed Officer Reporting-Signature ID.Number Unit Date Q Harris,Billie EP668 6a25 05-16-2013 Officer Reviewing-Printed(It Applicable) Officer Reviewing-Signature(If Applicable) ID.Number Unit Date EDGEWATER POLICE DEPARTMENT NARRATIVE/SUPPLEMENT Page 3 of 3 Pages ZReport Date Report Time Orig.Reported Date Nature of Call(for Incident) Agency Report Number 1.Original w 05-16-2013 1040 22 130500179 2.Supplement I1 11 Rogers said she feels this is retaliation for her calling code enforcement. Rogers said she feels this is a type of intimidation and harassment. 12 13 Ofc. Harris asked if Barnhill threatened her in any way and she stated no.Ofc. Harris asked if Barnhill used any foul language and she said no. 14 Rogers stated Barnhill only repeated that he was not going to comply with code enforcement and he hoped she was happy. Rogers went on to say 15 that Barnhill made some false statements about her husband,but she would not say what they were. 16 17 Ofc.Harris advised this was not a crime.He advised Rogers that she walked to Barnhill's fence and she could have freely left the conversation at 18 any time.Ofc.Harris advised her there were no threats of harm to her person or her husband's. Rogers became frustrated and requested an 19 incident report be done because Mr.Cousins from code enforcement told her she should get one. Ofc. Harris provided Rogers with a case 20 number.Rogers provided Ofc.Harris with a sworn written statement and a typed statement she had prepared prior to coming to the police 21 department. 22 23 This report is for documentation only. 24 25 Attachments: 26 Sworn written statement from Deborah Rogers 27 Typed statement from Deborah Rogers 28 z 0 z I-= z 0 0 W I— Z Final Case Final Case Status: 15 Status Codes: 1.Arrest/Adult 2.Arrest/Juv. 3.Exceptional/Adult 4.Exceptional/Juv. 5.Closed 6.Unfounded ❑Victim Advocate El Triad ❑SA Referral CAC Hotline I Spoke With: I Date: I Time: FCIC/NCIC Cancel T.T.BOLO I Date: I By: ♦— Connecting Report Number I Agency Additional Forms cn Attached: Narrative 1=1 SA 707 LI Persons El Property El Veh./Tow Sheet El Other Describe: Officer Reporting-Printed Officer Reporting-Signature ID.Number Unit Date Q Harris,Billie EP668 6a25 05-16-2013 Officer Reviewing-Printed(If Applicable) Officer Reviewing-Signature(If Applicable) ID.Number Unit Date • CASE NUMBER:L.)02 QD/ 7 1 PAGE OF EDGEWATER POLICE DEPARTMENT VOLUNTARY WRITTEN WITNESS STATEMENT NAME:(LAST) A•G/•' T) (MIDDLE) 9' ADDRESS(LOCAL) t PO X' ))-/,? F(t/47-- J R2-- ADDRESS(BUSINESS) 6 TELEPHONE(HOME) (BUSINESS) DATE OF BIRTH: AGE: RACE: SEX: CONTACT PERSON: TELEPHONE: • I DO HEREBY MAKE THE FOLLOWING STATEMENT TO: WHO HAS IDENTIFIED HIMSELF/HERSELF AS A LAW ENFORCEMENT OFFICER. 3(•Z 4/[fCiAtZ d Jn i ioA1 ) /e, 4,01 c Wix) to ma pro wa a, ILau h — Jo c r&b4U tit 1 •ifIr I ji?. 0 in-Ii‘o IA. of Ma.cl, Tht • ° , �;�Lr , ' ,c,Z m c Verb 6 s 41 ,r, , ; ` I -Yp..,, (Y/A or X77 C rJ D�Ci �n �v � do U fie. ' for kOUJ, ()At - ',f or did- prof aVQ beat—' Co ,/WV ILD If 'J I.A" I .e y\ cr p atAl g 01-4„.„ 00 iv ALLL. - s cL I 124 . d Ij is 04e. a v1 Ice`c/0 l a-LCo .',� t! ' c1 c ri a — A4 I 1 .5lvtU. l W'1: )' -f' (1f1 I' t4.r , O 0t4 , O . + ■ I ***************PLEASE CTT CK AND INITIAL ONE OF THE BOXES BELOW*************** I WISH TO PRESS I DO NOT WISH TO FOR POLICE CHARGES PRESS CHARGES INFORMATION ONLY / SI NAT OF AFANT / he forgoing instrument was acknowledged before me on this day of /414. /� 20 1 (/I ;y the A[Gant who is personally known to me or has produced a G L2/ / ■s identification and who did/did not take an oath. ``/ �h--�" � 121311 Ke ATURE[Votary Public/Law Enforcement ID# Inc 001-7 On 5/16/13, at approximately 9:00 AM. I was walking my dogs. I heard someone call my name and turned to see who it was. It was Mr.Glenn Barnhill he was mowing on the East Side of Riverside and had turned off his mower. He was standing by his fence and I walked towards him. He confronted me regarding a code violation that he had received and insinuated that I filed it. He proceeded to tell me what he was and was not going to do regarding the code violation. He repeatedly asked me if I was happy now. He then informed me that one of the plants was a native species and asked me about if he needed to trim it to 4' high if that would make me happy. I said yes,that is the code. He asked me the same question numerous times and then leaned towards me and told me that it grows quickly and when it reaches 5' he will not trim it. He proceeded to get confrontational and then began to slander my husband and accused him of things that were not correct. I told him that what he said was a lie and I assured him that my husband is not that way. He continued to slander him,and seemed to be provoking. I broke down and told him that this was not true and that he should talk with my husband himself. He was condescending and very arrogant. I called the City Code board and spoke with Mr.Steve Cousins. Mr. Cousins assured me that everything would be handled to code. He suggested that I might file an incident report. I feel that Mr. Barnhill has retailiated against me because of his code violation(s). r. d 31311y `` • ' CITY OF EDGEWATER RECEIVED MAR 0 3 2014 Daniel & Debra Rogers CITY CLERK 510 S. Riverside Drive Edgewater, FL 32132 March 3, 2014 City of Edgewater P.O. Box 100 Edgewater,FL 32132 Attn: Mr.Tracey Barlow City Manager Re: Deed Restrictions Menard-May Park Dear Mr. Barlow, At the January 6, 2014 Council Meeting I asked the City Council if they were aware of any deed restrictions on Menard-May Park. Mr. Ignasiak responded and commented that he was aware of some deed restrictions approximately 50-60 years ago and then provided a definition of City Property that is used for municipal purposes. This comment was not in the written minutes that were approved this evening of said meeting but is heard on the audio of the meeting. Both my husband and I pointed out violations to the Deed Restrictions and was told that the City would look into it. I received a call from the City Paralegal Ms. Robin Matusik requesting information pertaining to these Deed Restrictions. I am providing to you a copy of a letter that Mrs. Roberta Curran sent to the Department of Natural Resources on September 19, 1983. She also Copied the City of Edgewater, City Council, City Attorney and the City Clerk. This letter has attached to it all of her attachments which will document the Deed Restrictions. I have additional information regarding this matter and the suit that citizens filed against the City regarding structures that the city was attempting to build on the Menard donated Property. The Menard family donated this property to the city because of the Deed Restrictions of no structure exceeding three feet in height above high water mark shall be erected on said strip of land and that this restriction shall be a covenant running with the land. We will look forward to your response regarding these Deed Restrictions and the violations. Sincerely, Daniel and Debra Rogers ,p4A.clikrai • September 19, 1983 Roberta Curran 510 S. Riverside Drive Edgewater, FL 32032 Department of Natural Resource iepartm .nt of Grants :eI ahassee , FL 32302 Gentlemen: The City ofLdgcwater has applied for a $117 ,600 . 00 Grant under the Department of Natural Resource to develop a public park on a parcel of land located on the East side of Riverside Drive , commonly known as Mernard Beach. This land was donated to the city by the previous owners . The city has represented to your office and the Edgewater community that there are no difficulties connected to this project and that the funds from the Grant will be utilized in an efficient manner. I would like to inform you that such is not the case. The largest section of the parcel that the city plans to develop was once part of the parcel on which my home is located. I have in my abstract , the complete official history of the major part of this parcel. In this abstract, it is stated that there are covenants which clearly prohibit the constructing of any structure over three (3) feet in height. These covenants have been part of every deed covering this property since April, 1904. It is my intention to fight the construction of any structure not in compliance with the convenants governing lots Two hundred and thirty six (236) Two hundred and thirty seven (237) Two hundred and thirty eight (238) Two hundred and thirty nine (239) and Two hundred and forty(240) of this parcel. As an adjoining property owner and being governed by the same convenants , I do not feel that the city can legally violate the conditions outlined in the deeds. Copies from my abstract enclosed for your convenience in investigating this matter. Sincerely, Roberta Curran cc: Edgewater City Council cc : City Attorney cc: City clerk • R , t 7 / 23()/), -max. ) 1lirX J �j •'.r7.OFF, e uTao.-i.wtMS� 4bstract NO.__ 550 TO THE FOLLOWING DESCRIBED LAND IN VOLUSIA COUNTY, FLORIDA IOTC 236 to 241 inclusive of the HAAS, PARK ''01/FITY St a)I7ISICN etc., MORE PARTICULARLY DESCRIBED IN CAPTION HEREOF Prepared at the request of Messrs. Peabody, Arnold, Batchelder & LuLher, Attorneys—at:—law 10 State Street, Boston 9, Mesa. , Compiled By }Halifax Ville coflipaiffi P.O.Bok 2069—Phone CL 2-0411 122 tiny Street pAYTONA i3EACH. FLORIDA .Accuracy of this Abstract of Title Insured by St. Pau Mercury Indemnity Co. Stu. m ..... ,bra • ti A4.� DEED RECORD WAP`ZAPTY DEED: 37 page 99 Daniel R.',arshall an Vilona DATED: Apr. ti, 1904. L. Marshall, his wine, ACKN.: Apr. 9, 1904. FILED: Apr. 27, 1904. TO Lyman D.Wi]lcut.t,of the Town of CONSIDF;cATION: Cohasset, Yorfolk County, 4;500.00 Massachusetts. Conveys land lying andbeing in Hawks Fork, County of Volusia and State of Florida an }cnown and designated on a certain map entitled ":lap of Property of the Hawks Park Comp any at Hawks 2ark Florida, "ovember 1490 F A '.:heeler C. Z." and filed or intended to be filed in the office of the Clerk of the County of Volusia as and by the lot numbers Two hundred and Thirty Six (236) Two hundred and Thirty Seven (237) Two hundred and Thirty Eight (23o) Two hundred and Thirty nine (239) and Two '.:u.:fired and forty (240) and also the strip of lend lying directly in front of the said lots between the road and the Hillsboro Giver the latter stric however being subject to the restriction that no structure exceeding three feet in height above high water mark shall be erected on said strip of land and that this restriction shall be a covenant running with the land . First parties shall and will warrant and by these presents forever de- fend the same against all persons whomsoever lawfully claiming, etc. 5i-ned, sealed and delivered Signed: Danl R. 1.,arsnall (Seal) in presence of us: Vilona L. .arshall (Seal) Thos J. Redmond SHO:;S ACKOdLL DGED in Kings County, view York on April 9th, 1904 by Daniel R. Iarshall and Vilona L. Marshall - - -, including statutory separate examination for purpose of releasing dower, etc., by Vilona L. harshall wife of Daniel R. iarshall, with their personal appear- ' s ante before and identification by the acknowledging officer Thos. J. edmond, 'Votary r.•blic 7ings Co in20 (deal) commission expires --- 1904-. +� • '*^`•w • DEED RECORD WARRANTY DEED: 39 page 427. Dan'l R. 1 arshall and Vilona !SATED: Jan. 2, 1906. L. ?arsnall, h s wife, ACK'1. : Jan. 2, 1906. FILED: Jan. 12, 1906. TO Seely B. Wilson of the Porough CONSIDERATION: of ,:anhattan, City of New York, New York County, New York, Conveys lane: in Volusia County, Florida, pore particularly described J' as follows: that certain lot of land, situate at hawKs Park, and known an' designated on a certain mar entitled "rap of Property of the Hawks Park Company at Hawks Florida, -:cverber 1b90, F. A. Wheeler, C.S.", and filed or intended to be filed in the office of the ::lerk of the County of Voluai.a, as and by the lot number Two hundred and Forty one (2111) and also the strip of land iyinp. ritrectl:,r in front of lot two hundred and forty one (241) between the public road known as tee Strand an, hi •hwater nark of the '?iiisboro :''iver, the latter strip, however, ' cing subject to the restriction that no structure exceeaing three feet in heig tin above highwater mar'. shall be erected on the said strip of land audthat this restriction shall be a covenant running with the land TO HAVE AHJ TO `?OLD the same in fee simple forever. First parties shall and will warrant and by these presents for- ever defend the same against all persons whomsoever lawfully claiming, etc. Signed. sealed and delivered Signed: Dan'l R. '•:arsnail (Seal) in our presence: Vilona L. :arshall(Seal) Thos. J. '_kedmond W. Rosseter Redmond (CONTINUED ON FOLLOWING PAGE) LW • 4 1 � DEED RECORD WARRANTY DEED: I 76 page 178 Seely B. Wilson, unmarried DATED: June 16, 1915. ACKN.: June 16, 1915. TO FILED: Aug. 2, 1915. la's. L. D. Willcutt, widow of CONSIDEHATIION: Cohasset, i'assachusetts !..1.0750.00 Conveys landin Volusia County, Florida, and more particularly de- scribed as follows: That certain lot of land, situated at Hawks Park, and known and designated on a certain map entitled 'map of Yroperty of toe Hawks Park Company, at Hawks Park, Florida, November 1890, F. A.Wheeler, C. E•." and filed. of intended to be filed in the office of the Clerk of the County of Volusia, as an by Lot N.o. Two hundred and Forty-one (2L 1)4nd also the stria of land lying directly in front of Lot .:o. Two hundred and =orty-one (2 1) between the public road known as The Strand and high water mark of the Hillsboro ;.fiver, the latter strip, however, being subject to the restriction that no structure exceeding three feet in heighth above high water mark shall be erected on the said strip of land, a:d tlat the restric- tion shall be a covenant running with the land. Also the following: Comrtencint at a point at the East edge of Tne Strand", in line with the South line o.t Lot NTo. Two Hundred an forty-one (21 1) as shown on the Hawks Park Mat, recorded at DeLand, and running thence in a Northerly direction along the East line of The Strand to a point in the line with the '`orth line of said Lot No. Two Hundred and ,Forty-one (241) tnence Easterly, andin line with sair' North line of Lot No. Two hundred andForty-one (21.1) to high water mark of the Indian :river North; thence Southerly along saic- high water mark to a point in line with aforesaid South line ofLot Yo. Two Hundred and sort«-one (241); thence to place of beginning said lands being in Section 33 of T. 17 So. of R 34 East. (CONTEXED ON FOLLOWING PAGE) 10') \ CHANCERY ORDER RECORD ORDER APPOINTING SUCCESSOR 180 page 447 TRUSTEE (CONTINUED FROM PRECEDING PAGE) therein, and the matter having been argued by counsel, and the Court being fully advised in the premises, it is thereupon, upon consideration thereof, ORDERED, ADJUDGED AND DECREED as follows: 1. That Wm. A. Spence of Daytona Beach, Florida is hereby appointed Successor Trustee of the real property situated in the State of Florida as hereinafter described which is a part of the trust estates created under the will of Lyman D. Willcutt, de- ceased, and under the will of Merriel L. Willcutt, also known as Mrs. L. D. Willcutt, a Widow, deceased; being situated in Volusia County, Florida, described as follows: Parcel 1. Real property in trust estate of Lyman D. Willcutt, deceased. `' Lots 236, 237, 238, 239 and 240 of the Hawks Park Sub- division as recorded in Plat Book 1, Page 156, of the Public Records of Volusia County, Florida, and also t., ' the strip of land lying directly in front of the said lots between the road and the Halifax River, the latter strip however, being subject to the restriction r that no structure exceeding three (3) feet in height above highwater mark shall be erected on said strip of land and that this restriction shall be a covenant running with the land. ALSO A parcel of submerged, semi-submerged and filled land lying Easterly from Lots 236 to 241 inc. Hawks Park Company's Subdivision as recorded in Map Book 1, Page 156, of the Public Records of Volusia County, Florida, described as follows: , 3 ` Begin at the point where the Easterly prolongation of the South R/W line of Ocean Avenue intersects the East R/W line of Riverside Drive, said point being 310 feet Southerly from the Northeast Corner of Sec- tion 33, Township 17 South, Range 34 East, thence South 320 50' East along the said East R/W line of Riverside Drive a distance of 277 feet; thence North 'CONTINUED ON FOLLOWING PAGE) 1 ; ,f i „ ', CHANCERY ORDER RECORD ORDER APPOINTING SUCCESSOR .; 180 page 447 TRUSTEE: ;` (CONTINUED FROM PRECEDING PAGE) 61° 25' 55" East a distance of 100 feet; thence North , 46° 26' East a distance of 240 feet; thence North 16° 11' East, a distance of 180 feet; thence North # , i-'. 14° 56' 10" West a distance of 89 feet; thence South A, t ,„.& 61° 25' 55' West a distance of 500 feet to the point 1 ,1'` of beginning. Containing 2.46 acres, more or less, ly- I'. y„ :� ing and being in Section 33, Township 17 South, Range '` 0` 34 East, Volusia County, Florida. Containing 2.46 "_' ' acres, more or less, and lying and being in the County ' ° of Volusia, in said State of Florida. Parcel 2. Real property in trust estate of Merriel L. Willcutt, a also known as Mrs. L. D. Willcutt, deceased. •_ }• , ''n, Lot 241 of the Hawks Park Company Subdivision as re- -0f'•, ,..` corded in Plat Book 1, Page 156, of the Public Records <' #, V of Volusia County, Florida, and also the strip of land ” lying directly in front of Lot No. Two hundred and Forty-one (241) between the public road known as The Strand and high water mark of the Hillsboro River, the latter strip, however, being subject to the restriction , ,,, ,. that no structure exceeding three feet in heighth above high water mark shall be erected on the said ; :" strip of land, and that the restriction shall be a covenant running with the land. Also the following: Commencing at a point at the East l edge of "The Strand", in line with the South line of ' `t Lot No. Two Hundred and Forty-one (241) as shown on ; the Hawks Park Plat, recorded at DeLand, and running thence in a Northerly direction along the East line of The Strand to a point in the line with the North � ; line of said Lot No. Two Hundred and Forty-one (241) thence Easterly, and in line with said North line of Lot No. Two hundred and Forty-one (241) to high water * ' mark of the Indian River North; thence Southerly along said highwater mark to apoint in line with aforesaid South line of Lot No. Two Hundred and Forty- one (241); thence to place of beginning said lands being (CONTINUED ON FOLLOWING PAGE) • A i;', 1") x FILED ONLY PETITION OF SUCCESSOR-TRUSTEE 4",• ' gyp,,ri, Unrecorded FOR AUTHORITY TO DISTRIBUTE ,'Vi. ,/ PRINCIPAL: 4 `'.' IN RE: ESTATE OF LYMAN D. WILLCUTT, FILED: June 15, 1956. r a, ,:, 3 r k j Deceased '^ ' And <M 0 ;' ' ' ESTATE OF MERRIEL L. WILLCUTT, also known as MRS. L. D. ` ° * '- WILLCUTT, a widow, deceased. ';` {{ t' IN THE CIRCUIT COURT, SEVENTH JUDICIAL CIRCUIT, IN AND FOR VOLUSIA %, l 'R 1 COUNTY, FLORIDA. CHANCERY NO. 25,603. , Your Petitioner, Wm. A. Spence, a resident of Daytona Beach, / ° Volusia County, Florida, respectfully represents unto this Honor- able Court as follows: ` ! y 1. That under and by virtue of an order appointing Successor- s . Trustee entered in this matter by this Court on April 4, 1956, ? , your Petitioner is the duly appointed, qualified and acting `' " d Successor-Trustee of the real property situated in the State of /1. E; Florida, as hereinafter described, which is a part of the Trust y .,-) Estates created under the Will of Lyman D. Willcutt, deceased, and 7 under the W111 of Merriel L. Willcutt, also known as Mrs. L. D. n `.G; Willcutt, a widow, deceased, being situated in Volusia County, , , Florida, and described as follows: < ' ',y1,1,' ?Parcel 1. Real property in trust estate of Lyman D. Willcutt, ' a`;4 ,. deceased ),, * Lots 236, 237, 238, 239 and 240 of the Hawks Park Sub- n division as recorded in Plat Book 1, Page 156, of the ', '4 Public Records of Volusia County, Florida, and also the '14,,;<''' stri of land lying directly in front of the said lots strip y g Y :' ,� ,' between the road and the Halifax River, the latter , ,. . strip however, being subject to the restriction that to ,ki ''')'a no structure exceeding three (3) feet in height above , 1 "5 highwater mark shall be erected on said strip of land 4,<4., and that this restriction shall be a covenant running with the land. t'.1.': ALSO A parcel of submerged, semi-submerged and filled < ry • (CONTINUED ON FOLLOWING PAGE) 9` "l V 1 z� a FILED ONLY PETITION OF SUCCESSOR-TRUSTEE Unrecorded FOR AUTHORITY TO DISTRIBUTE PRINCIPAL: (CONTINUED FROM PRECEDING PAGE) land lying Easterly from Lots 236 to 21+1 inc. Hawks Park Company's Subdivision as recorded in Map Book 1, Page 156, of the Public Records of Volusia County, Florida, described as follows: /1 Begin at the point where the Easterly prolongation of the South R/W line of Ocean Avenue intersects the East R/W line of Riverside Drive, said point being 310 feet Southerly from the Northeast Corner of Section 33, Township 17 South, Range 34 East, thence South 32° 50' East along the said East R/W line of Riverside Drive a distance of 277 feet; thence North 610 25' 55" East a distance of 100 feet; thence North 46° 26' East a distance of 240 feet; thence North 16° 11' East, a distance of 180 feet; thence North 14° 56' 10" West a distance of 89 feet; thence South 610 25' 55" West a distance of 500 feet to the point of beginning. Con- ' taining 2.46 acres, more or less, lying and being in ' Section 33, Township 17 South, Range 34 East, Volusia County, Florida. Containing 2.46 acres, more or less, and lying and being in the County of Volusia, in said State of Florida. (litjk *. Parcel 2, Real property in trust estate of Marriel L. Willcutt, r also known as Mrs. L. D. Willcutt, deceased. Lot 241 of the Hawks Park Company Subdivision as re- corded in Plat Book 1, Page 156, of the Public Records of Volusia County, Florida, and also the strip of land lying directly in front of Lot No. Two hundred and Forty-one (241) between the public road known as The Strand and high water mark of the Hillsboro River, the latter strip, however, being subject to the re- striction that no structure exceeding three feet in heighth above high water mark shall be erected on the said strip of land, and that the restriction shall be a covenant running with the land. (CONTINUED ON FOLLOWING PAGE) c i t. '• A t th CHANCERY ORDER RECORD ORDER AUTHORIZING SUCCESSOR- 181 page 469 TRUSTEE TO DISTRIBUTE PRINCIPAL: NA UN RE: ESTATE OF LYMAN D. WILLCUTT, DATED:June 14, 1956. .. Deceased FILED:June 15, 1956. j , And '4..1.s ESTATE OF MERRIEL L. WILLCUTT, 4. also known as MRS. L. D. WILLCUTT, a widow, Deceased. , IN THE CIRCUIT COURT, SEVENTH JUDICIAL CIRCUIT, IN AND FOR VOLUSIA 1i COUNTY, FLORIDA, CHANCERY NO. 25,603 v . S# ' This matter came on this day to be heard upon the sworn : "i!.'•. petition of Wm. A. Spence, as Successor-Trustee, for authority . ,• '• to distribute principal; and it appearing to the Court that said '; tic, Petitioner is theduly appointed, qualified and acting Successor- .,, . : Trustee of the real property situated in the Stateof Florida, as , hereinafter described, which is a part of the Trust Estates created ', '°'' ,s under the Will of Lyman D. Willcutt, deceased, and under the Will of ,0 'y, Merriel L. Willcutt, deceased, also known as Mrs. L. D. Willcutt, , . , a widow, deceased, being situated in Volusia County, Florida, and ' �, described as follows: • ' M a Parcel 1. Real property in trust estateof Lyman D. Willcutt, } ' , '3 ■ :� deceased I , I, : Lots 236, 237, 238, 239 and 240 of the Hawks Park Sub- division as recorded in Plat Book 1, Page 156, of the 4 Public Records of Volusia County, Florida, and also the }°; strip of land lying directly in front of the said lots 0 between the road and the Halifax River, the latter strip , , ` however, being subject to the restriction that no 5qr structure exceeding three (3) feet in height above high- water mark shall be erected on said strip of land and that this restriction shall be a covenant running with the land. ALSO A parcel of submerged, semi-submerged and filled land lying Easterly from Lots 236 to 241 inc. Hawks Park Company's Subdivision as recorded in Map Book 1, (CONTINUED ON FOLLOWING PAGE) Sy. , , ,n• .saw .ray* ..-a . t � +:e; ' _. .rb .:y,.. .....,,_,,,,�..► r ' :‘.. ' '1. '''‘_ 1 CHANCERY ORDER RECORD ORDER AUTHORIZING SUCCESSOR- ',181 page 469 TRUS'1'�E TO DISTRIBUTE PRINCIPAL (CONTINUED FROM PRECEDING PAGE) Page 156, of the Public Records of Volusia County, '. .� , Florida, described as follows: , ' t. Begin at the point where the Easterly prolongation el �' . , , of the South R/W line of Ocean Avenue intersects the ; •' East R/W line of Riverside Drive, said point being ,I 310 feet Southerly from the Northeast Corner of ). 4 Section 33, Township 17 South, Range 34 East, , . ' ' :1' thence South 32° 50' East along the said East R/W ► a� line of Riverside Drive a distance of 277 feet; f' thence North 61° 25' 55" East a distance of 100 ", feet; thence North 46° 26' East a distance of 240 4 1` `�I^ feet; thence North 16° 11 East, a distance of 180 t ' }` feet; thence North 14° 56' 1.0" West a distance of :,` 89 feet; thence South 61° 25' 55" West a distance ; '` of 500 feet to the point of beginning. Containing 2.46 acres, more or less, lying and being in Section 33, Township 17 South, Range 34 East, Volusia County, Florida. Containing 2.46 acres, more or less, and lying and being in the County of Volusia, in said 9 State of Florida. 1 Parcel 2. Real property in trust estate of Merriel L. Willcutt,also , known as Mrs. L. D. Willcutt, deceased. Lot 241 of the Hawks Park Company Subdivision as re- ` • corded in Plat Book 1, Page 156, of the Public Records; of Volusia County, Florida. and also the strip of land lying directly in Front of Lot No.Two hundred and + ,,, Forty-one (241) between the public road known as The Strand and high water mark of the Hillsboro River, the latter strip, however, being subject to the re- .., strictions that no structure exceeding three feet in ;. ,' heighth above High water mark shall beerected on the ;`' 4;. said d ctorvp anf lrauni nag nw itt ht hl arneds.triction shall Y ,,: `t idAlso the following: Commencing at a point at the East 1 .. (CONTINUED ON FOLLOWING PAGE) , ' 1 y1 — : ,e.'.. I • r) . r �.^w , , r,,.'yk2 • CHANCERY ORDER RECORD ORDER AUTHORIZING SUCCESSOR- +te-A(‘ 181 page 469 TRUSTEE TO DISTRIBUTE PRINCIPAL ` tit , (CONTINUED FROM PRECEDING PAGE) jM ',l.lx Page 156, of the Public Records of Volusia County, 1 1 .0 „i' :. _ Florida, described as follows: A\ t" ' * ,. „fly, Begin at the point where the Easterly prolongation ) .. :i,3 of the South R/W line of Ocean Avenue intersects the # ."p East R/W line of Riverside Drive, said point being ' . T . 310 feet Southerly from the Northeast Corner of ; ; lk; i Section 33, Township 17 South, Range 34 East, S '. ,`,1t: • • thence South 32° 50' East along the said East R/W • •� \,s ' line of Riverside Drive a distance of 277 feet; •''•' ;!':111 thence North 61° 25' 55" East a distance of 100 :? ! feet; thence North 460 26' East a distance of 240 I. feet; thence North 16° 11 East, a distance of 180 {� - r °` '1 feet; thence North 14° 56' 10� West a distance of �4. •\, . } -u 89 feet; thence South 61° 25' 55” West a distance ,. , ��M of 500 feet to the point of beginning. Containing ` " Po g g• g {i � 4 ,�! 2.46 acres, more or less, lying and being in Section I',, 33, Township 17 South, Range 34 East, Volusia County, ? f Florida. Containing 2.46 acres, more or less, and ,« lying and being in the County of Volusia, in said ' i State of Florida. � a `°�Parcel 2. Real property in trust estate of Merriel L. Willcutt,also � '.��,known as Mrs. L. D. Willcutt, deceased. �� ' „': a:Lot 241 of the Hawks Park Company Subdivision as re- �� x`'=,corded in Plat Book 1, Page 156, of the Public Records ' ," 1'' of Volusia County, Florida. and also the strip of land " 1 ', lying directly in Front of Lot No.Two hundred and , , • 1�,� •Forty-one 241 between the public road known as The � `° Strand and high water mark of the Hillsboro River, ti.�!: the latter strip, however, being subject to the re- striction ■s that no structure exceeding three feet in `'•.;41' heighth above High water mark shall beerected on the said strip of land, and that the restriction shall t , ' be a covenant running with the land. Also the following: Commencing at a point at the East 4. , (CONTINUED ON FOLLOWING PAGE) ,.5 ;a .`/ ./•/ Y 5. �' =a DEED RECORD TRUSTEE'S DEED: 560 page 143 1 i Old Colony Trust Company, a DATED: May 1, 1956. banking corporation of Boston, ACKN. : May 1, 1956. Massachusetts, as Trustee FILED:June 15, 1956. under the Last Will and Testa- ment of Lyman D. Willcutt, I Deceased, ` TO Wm. A. Spence of Daytona Beach, CONSIDERATION: Florida, as the duly appointed $10.00 etc. , qualified and acting Successor Trustee under the Last W1.1l and Testament of Lyman D. Willcutt, Deceased. 4 '■ Conveys land in Volusia County, Florida, more particularly described ''tc;0 as follows: T40 f Lots 236, 237, 238, 239 and 240 of the Hawks Park Sub- division as recorded in Plat Book 1, Page 156, of the y . Public Records of Volusia County, Florida . and also V * t ``' the strip of land lying directly in front of the said , •` '' lots between the road and the Halifax River, the latter )1 { strip however, being subject to the restrictions that no structure exceeding three (3) feet in height above high ',.3t, water mark shall be erected on said strip of land and " that this restriction shall be covenant running with ° the land. „ "* i ,{ r ALSO a parcel of submerged, semi-submerged and filled '' • . land lying Easterly from Lots 236 to 241 Inc. Hawks . .m�=" Park Company's Subdivision as recorded in Map Book * '1, 4 1, Page 156, of the Public Records of Volusia County, .:) i:`4' Florida, described as follows: s, Begin at the point where the Easterly prolongation of the South R/W line of Ocean Avenue intersects the East , •P:# R/W line of Riverside Drive, said point being 310 feet •J 1 ' 4`" Southerly from the Northeast Corner of Section 33, Town- , , At, (CONTINUED ON FOLLOWING PAGE) 4 sl ri,i tiwr DEED RECORD TRUSTEE'S DEED: 560 page 146 Wm. A. Spence, as Successor- DATED: June 14, 1956. II Trustee under the Last Will ACKN., : June 14, 1956. and Testament of Lyman D. FILED: June 15, 1956. Willcutt, deceased. , 1 TO Merriel W. Menard, formerly CONSIDERATION: Merriel G. Willcutt of $10.00 etc., .F Edgewater, Florida. � . Conveys land in Volusia County, Florida, more particularly described ' as follows: k 1 Lots 236, 237, 238, 239 and 240 of the Hawks Park Sub- division as recorded in Plat Book 1, Page 156, of the Public Records of Volusia County, Florida, and also the strip of land lying directly in front of the said lots between the road and the Halifax River, the latter strip however, being subject to the restriction that no structure exceeding three (3) feet in height above highwater mark shall be erected on said strip of land and that this restriction shall be a covenant running with the land. ALSO a parcel of submerged, semi-submerged and filled 4 land lying Easterly from Lots 236 to 241 inc. Hawks Park Company's Subdivision as recorded in Map Book 1. Page 156, of the Public Records of Volusia County; Florida described as follows: Begin at the point where the Easterly prolongation of the South R W line of Ocean Avenue intersects the East R/W line of Riverside Drive, said point being 310 feet Southerly from the Northeast Corner of Section 33 Township 17 South, Range 34 East, thence South 32° 50' East along the said East RAW line of Riverside Drive a distance of 277 feet; thence North 610 25'55 East a distance of 100 feet; thence North 46° 26' East a (CONTINUED ON FOLLOWING PAGE) pt W pF A -A41?* oN` "a"s , ', " i , . I; I i DEED RECORD TRUS'i'ED'S DEED: E" 560 page 152 � '! i� •''.° Wm. A. Spence, as Successor- DATED: June 14, 1956. Trustee under the Last Will ACKN. : June 14, 1956. and Testament of Merriel L. FILED: June 15, 1956. ,,/ Wilcutt, also known as Mrs. , L. D.Willcutt, Deceased. TO Merriel W. Menard, formerly CONSIDERATION Merriel G. Willcutt, of Edge- $10.00 etc. water, Florida. Conveys land in Volusia County, Florida, more particularly described as follows: : :i Lot 241 of the Hawks Park Company Subdivision as re- corded in Plat Book 1, Page156 of the Public Records of Volusia County, Florida. and also the strip of t, land lying directly in front of Lot No Two Hundred and Forty-one (241) between the public road known as The Strand and high water mark of the Hillsboro River. id, r, the latter strip, however, being subject to the re- � #.':%$$10 striction that no structure exceeding three feet in !�'e `} ..�: heighth above high water mark shall be erected on the said strip of land, and that the restriction shall be 04 a covenant running with the land. } Also the following: Commencing at a point at the East }: ' edge of The Strand", in line with the South line of Lot No Two Hundred and Forty-one (241) as shown on the Hawks Park Plat, recorded at DeLand, and run- ning thence in a Northerly direction along the East line of The Strand to a point inthe line with the North `' Line of said Lot No Two Hundred and Forty-one (241) k thence Easterly, and in line with said North line of Lot No Two hundred and Forty-one (241) to high water mark of the Indian River North; thence Southerly along said highwater mark to a point in line with aforesaid South line of Lot No. Two Hundred and Forty-one (241); thence to place of beginning said lands being in Section (CONTINUED ON FOLLOWING PAGE) +V A o t. ,' 4 CERTIFICATE TO ABSTRACT OF TITLE NO. 6550 ;� j: STATE OF FLORIDA, ) n,. ss �. l COUNTY OF VOLUSIA. •) `'ti• 'S ON THIS ---22nd- DAY OF---JUNE---- A. D. 1956, THE UNDER- :. y. SIGNED HEREBY CERTIFIES: i. tr. ,, That the foregoing pages numbered One (1) to --One hundred m';;l twenty-three (123)-inclusive, show a true and col'rect abstract • .ti ''t of all instruments affecting the title to the land described • s: il..* in the caption of this Abstract of Title, which have been re- t; corded or are filed for record, in the office of theClerk of ., y ' w: the Circuit Court and the Court of the County Judge, of Volusia ?,t County, Florida, frog the beginning of the public records of ' ` Y, , g 8 P � �� said County, to include the date of this Certificate. , N+, i It is further certif ed, that any matter included in this Abstract of Title, bearing the notation "FOR INFORMATION, ONLY" `.f ., is not necessarily relevant to said title, but is shown for what- , ` ever value it may have to the Examiner �. IFAX TI COMPANY CI ORDER NO Bye , 8171 Manager ''s THIS IS TO CERTIFY, that all charges due on the foregoing ; Abstract have been paid in full this 2 Z day of but-..Q„ A. D. 1951. , ,, 1 1955 Tax Assessment roll shows: IFAX TI COMPANY -i Lots 236 & 237 & Rip Rts: $186.25; ,-�• Lots 238, 239 & 240 & Rip Rtsr: By �,.,,, ';�- x . $77.20; Lot 241 & Rip Rts: $43.91; ? !'k all paid. `,. ' •1`; ,'