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09-08-2017 - Emergency Meeting - Hurricane Irma CityR of Edgewater 1 dge. ater,FL Drive Edgewater,FL 32132 �w. jWGIlYATERj Meeting Minutes City Council Michael Ignasiak,Mayor Christine Power,District I Amy Vogt,District 2 Dan Blazi,District 3 Gary T. Conroy,District 4 Friday,September 8,2017 6:30 PM Council Chambers EMERGENCY MEETING-HURRICANE IRMA We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER,ROLL CALL Present: 4 - Mayor Mike Ignasiak, Councilwoman Amy Vogt, Councilman Gary Conroy and Councilman Dan Blazi Absent: 1 - Councilwoman Christine Power Also Present: 2 -City Manager Tracey Barlow and City Clerk/Paralegal Robin Matusick 2. PUBLIC HEARINGS,ORDINANCES AND RESOLUTIONS a. 2017-R-37 Resolution No. 2017-R-37 - Emergency Resolution and Proclamation Confirming the State of Emergency and Enacting a Curfew due to Hurricane Irma City Manager Tacey Barlow read Resolution No. 2017-R-37 into the record. City Manager Barlow made a staff presentation. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilman Blazi, second by Councilman Conroy, to approve Resolution No.2017-R-37.The MOTION was APPROVED by the following vote: Yes: 4 -Mayor Ignasiak,Councilwoman Vogt,Councilman Blazi and Councilman Conroy 3. OTHER BUSINESS a. AR-2017-2859 Mutual Aid Agreement with FIaWARN Resource Network for Water/Wastewater Assistance City Manager Barlow made a staff presentation. City of Edgewater Page 1 Printed on 9/15/2017 City Council Meeting Minutes September 8,2017 Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilman Blazi, second by Councilman Conroy, to approve The Mutual Aid Agreement.The MOTION was APPROVED by the following vote: Yes: 4 - Mayor Ignasiak, Councilwoman Vogt,Councilman Blazi and Councilman Conroy b. AR-2017-2860 Notice to Proceed to Witt-O'Brien to provide Debris Monitoring Services City Manager Barlow made a staff presentation. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilman Blazi, second by Councilwoman Vogt, to approve the Notice to Proceed to Witt-O'Brien.The MOTION was APPROVED by the following vote: Yes: 4 -Mayor Ignasiak, Councilwoman Vogt, Councilman Blazi and Councilman Conroy c. AR-2017-2861 Notice to Proceed to Crowder-Gulf to provide Debris Hauling& Disposal Services City Manager Barlow made a staff presentation. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilman Blazi, second by Councilwoman Vogt, to approve the Notice to Proceed to Crowder-Gulf. The MOTION was APPROVED by the following vote: Yes: 4- Mayor Ignasiak,Councilwoman Vogt, Councilman Blazi and Councilman Conroy 4. OFFICER REPORTS a. City Clerk Reported that the September 11th Council Meeting has been rescheduled for September 18th. b. City Manager Nothing at this time. 5. ADJOURN Motion by Councilman Blazi to adjourn at 6:44 p.m. Minutes submitted by: KelseyArcieri. Records Clerk City of Edgewater Page 2 Printed on 9/15/2017 City Council Meeting Minutes September 8, 2017 ATTEST:- APPROVED: /9 4i• Rol iinMatusick, City 'lerk/Paralegal Mike Ignasiak, Mayor 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 ensure that a verbatim record of the proceedings is made. The City does not prepare or provide such record. In accordance with the Americans with Disabilities Act,persons needing assistance to participate in any of these proceedings should contact City Clerk/Paralegal Robin L. Matusick, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386-424-2400 x 1102, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at 1-800-955-8771. din of Edgewater Page 3 Printed on 9/15/2017 CITY OF EDGEWATER, FLORIDA PROCLAMATION WHEREAS, on September 4, 2017 GOVERNOR RICK SCOTT proclaimed a State of Emergency for the State of Florida due to HURRICANE IRMA; and WHEREAS, Chapter 8 of the Code of Ordinances authorizes certain emergency measures to be taken under emergency conditions; and WHEREAS, a state of emergency is hereby declared by proclamation to authorize such actions as may be necessary to manage such state of emergency; and WHEREAS, the issuance of emergency resolution(s) NO. 2017-R-37, CONFIRMING THE DECLARATION OF A STATE OF EMERGENCY AND AUTHORIZING THE SETTING OF A CURFEW shall be necessary to enable the proper control of and response to the emergency conditions certified above. NOW, THEREFORE, I, MICHAEL IGNASIAK. of the City of Edgewater, Florida, do hereby proclaim and declare that an emergency exists within the City of Edgewater and that all proper and lawful actions necessary to swiftly resolve the emergency and return the community to a condition of normalcy shall be taken. `4Z1111.' /11. Michael Ignasiak Mayor Date EMERGENCY RESOLUTION NO.2017-R-38 AN EMERGENCY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, RESCINDING THE CURFEW SET DURING HURRICANE IRMA. WHEREAS, pursuant to Emergency Resolution No. 2017-R-37 in which the City of Edgewater enacted a curfew due to HURRICANE IRMA on September 8, 2017; WHEREAS,the majority of the city has had electricity restored,residents have returned home and the roads have been reopened for traffic; WHEREAS, the Police Chief has deemed it safe and recommends that the curfew be rescinded; WHEREAS, Resolution No. 2017-R-37 authorized the City Manager to rescind the curfew which has been done as of 10:00 am on September 12, 2017. City Council will approve the final rescinding during their September 18,2017 meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY MANAGER OF THE CITY OF EDGEWATER,FLORIDA,AS FOLLOWS: Section 1. The threat of Hurricane Irma has passed and most residents have returned home to safe guard their property. Daily police operations have returned to normal and the conditions requiring the need for a curfew no longer exist. Section 2. The curfew enacted on September 8, 2017 pursuant to Resolution No. 2017-R- 37 is hereby rescinded. Therefore, effective 10:00 AM on September 12, 2017 the curfew for the City of Edgewater is lifted. Section 3. This emergency resolution shall take effect immediately upon adoption. Section 4. Rescinded by City Manager Tracey T. Barlow; authorized to execute such rescinsion by City Council action pursuant Emergency Resolution No. 2017-R-37. DATED this 12th day of September,2017. Robin L. Matusick Tracey T. Barlow City Clerk/Paralegal City Manager Emergency Resolution#2017-R-38 City of rDGlYATl ER City of Edgewater o,wixemm,fwta6re'iee41.)J.e ninl&',ato9s P.O. Box 100 409 Mango Tree Drive Edgewater,Florida 32 132-0100 Notice to Proceed The City of Edgewater hereby gives Witt O'Brien "Notice to Proceed" with mobilization of equipment, personnel, and supplies to assist with debris removal as a result of Hurricane Irma. On the basis of this action, you are authorized to proceed in accordance with the terms and conditions of Contract for the City of Edgewater Debris Monitoring Services for Hurricane Irma. "Notice to Proceed" is hereby given and accepted by the signatures below. City f Edgewater Witt 0' Brien City Representative Witt O'Brien Representative A {fie 11 : e -�i�,m C f Print Name d Title Print Name and Title J 9)1 gi a-017 Date Date Department of Environmental Services 386.424.2400 ext.4006 Fax 386.424.2465 Email:11 Tilton@CityOfEddewater.orst www.cityofedgewater.org 111 City of )LWGEHIYATERI City of Edgewater �J�C, �,'�f ,�yJ 'l�/mroir[/r/qe/r/a/ leri'/.,t.:;Yt1//ii,,/ra/!r P.O. Box 100 409 Mango Tree Drive Edgewater, Florida 32132-0100 Notice to Proceed The City of Edgewater hereby gives CrowderGulf"Notice to Proceed" with mobilization of equipment,personnel, and supplies to assist with debris removal as a result of Hurricane Irma. On the basis of this action, you are authorized to proceed in accordance with the terms and conditions of Contract for the City of Edgewater Debris Hauling and Disposal for Hurricane Irma. "Notice to Proceed" is hereby given and accepted by the signatures below. City I Edgewater 4 CrowderGulf fikik a .111 City Representative CrowderGu 14'epresentative Print Nam and Title Print Nam and Title v p i()Q ` 'y- C53 ta, ' p -• 01-011 Date Date Department of Environmental Services 386.424.2400 ext.4006 Fax 386.424.2465 Email:THilton(aCityOfEdgewater.orr www.cityofedgewater.org 4 4 MUTUAL AID AGREEMENT FOR WATER/WASTEWATER ARTICLE I. PURPOSE The Water/Wastewater Mutual Aid Program was established to provide a method whereby water/wastewater utilities sustaining physical damage from natural or man made disasters could obtain emergency assistance, in the form of personnel, equipment. and materials and other associated services necessary, from other water/wastewater utilities. The purpose of this Agreement is to formally document such program. ARTICLE II. DEFINITIONS A. AGREEMENT — The Water/Wastewater Mutual Aid Agreement. The original agreement and all signatory pages shall be kept at TREED Center 3900 SW 63rd Blvd., Gainesville, FL 32608 B. PARTICIPATING UTILITY — Any Water/Wastewater utility which executes this Mutual Aid Agreement. C. DAMAGED UTILITY — Any Participating Utility which sustains physical damage to its water/ wastewater system due to a natural or manmade disaster and seeks assistance pursuant to this Agreement. D. ASSISTING UTILITY — Any Participating Utility which agrees to provide assistance to a Damaged Utility pursuant to this Agreement. E. AUTHORIZED REPRESENTATIVE — An employee of a Participating Utility authorized by that utility's governing board to request or offer assistance under the terms of this Agreement. (A list of the Authorized Representatives for each Participating Utility shall be attached to this Agreement as Appendix A) F. PERIOD OF ASSISTANCE —The period of time beginning with the departure of any personnel of the Assisting Utility from any point for the purpose of travelling to the Damaged Utility in order to provide assistance I and ending upon the return of all personnel of the Assisting Utility, after providing the assistance requested. to their residence or place of Work, whichever is first to occur. G. SCHEDULE OF EQUIPMENT RATES — The latest rates published by Federal Emergency Management Agency under the response and recovery directorate applicable to major disasters and emergencies. H. WORK OR WORK-RELATED PERIOD —Any period of time in which either the personnel or equipment of the Assisting Utility are being used by the Damaged Utility to provide assistance. Specifically included within such period of time are rest breaks when the personnel of the Assisting Utility will return to active Work within a reasonable time. Also. included is mutually agreed upon rotation of personnel and equipment. ARTICLE III. PROCEDURE In the event that a particular utility becomes a Damaged Utility, the following procedure shall be followed: A. The Damaged Utility shall contact the Authorized Representative of one or more of the participating utilities and provide them with the following information: 1. a general description of the damage sustained; 2. the part of the water/wastewater system for which assistance is needed; 3. the amount and type of personnel, equipment, materials and supplies needed and a reasonable estimate of the length of time they will be needed; 4. the present weather conditions and the forecast for the next twenty-four hours: and I 5. a specific time and place for a representative of the Damaged Utility to meet the personnel and equipment of the Assisting Utility. 6. The identification of Work conditions and special constraints such as availability of fuel supplies, lodging/meal support, medical facilities, security, communications, etc. B. When contacted by a Damaged Utility, the Authorized Representative of a Participating Utility shall assess his utility's situation to determine whether it is capable of providing assistance. No Participating Utility shall be under any obligation to provide assistance to a Damaged Utility. If the Authorized Representative determines that the Assisting Utility is capable of and willing to provide assistance, the Assisting Utility shall so notify the Authorized Representative of the Damaged Utility and providing the following information: 1 . a complete description of the personnel, equipment and materials to be furnished to the Damaged Utility. 2. the estimated length of time the personnel, equipment and materials will be available; 3. the work experience and ability of the personnel and the capability of the equipment to be furnished; 4. the name of the person or persons to be designated as supervisory personnel; and 5. the estimated time when the assistance provided will arrive at the location designated by the Authorized Representative of the Damaged Utility. C. The personnel and equipment of the Assisting Utility shall remain. at all times, under the direct supervision and control of the designated supervisory personnel of the Assisting Utility. In instances where only equipment is provided by the Assisting Utility, the ownership of said equipment shall remain with the Assisting Utility and said equipment shall be returned to the Assisting Utility immediately upon request. Representatives of the Damaged Utility shall suggest Work assignments and schedules for the personnel of the Assisting Utility; however, the designated supervisory personnel of the Assisting Utility shall have the exclusive responsibility and authority for assigning Work and establishing Work schedules for the personnel of the Assisting Utility. The designated supervisory personnel shall maintain daily personnel time records and a log of equipment hours, be responsible for the operation and maintenance of the equipment furnished by the Assisting Utility. and report Work progress to the Damaged Utility. D. The Damaged Utility shall have the responsibility of providing food and housing for the personnel of the Assisting Utility from the time of departure from their regularly scheduled Work location until the time of return to their regularly scheduled Work location. The food and shelter provided shall be subject to the approval of the supervisory personnel of the Assisting Utility. If not agreeable, food and shelter shall be provided and paid for as determined by mutual agreement. E. The Damaged Utility shall have the responsibility of providing communications between the personnel of the Assisting Utility and the Damaged Utility. ARTICLE IV. REIMBURSABLE EXPENSES The terms and conditions governing reimbursement for any assistance provided under this Agreement shall be agreed to prior to the providing of such assistance and shall be in accordance with the following provisions: A. PERSONNEL — During the Period of Assistance, the Assisting Utility shall continue to pay its employees according to its then prevailing rules and regulations. The Damaged Utility shall reimburse the Assisting Utility for all direct and indirect payroll costs and expenses incurred during the Period of Assistance, including, but not limited to, employee pensions and benefits. B. EQUIPMENT — The Assisting Utility shall be reimbursed for the use of its equipment during the Period of Assistance according to the SCHEDULE OF EQUIPMENT RATES established and published by FEMA. If an Assisting Utility uses an alternate basis of rates for equipment listed on the FEMA Schedule of Equipment Rates it shall provide such rates to the Damaged Utility prior to providing assistance. Rates for equipment not referenced on the FEMA Schedule of Equipment Rates shall be developed based on actual recovery of costs. C. MATERIALS AND SUPPLIES — The Assisting Utility shall be reimbursed for all materials and supplies furnished by it and used or damaged during the Period of Assistance, unless such damage is caused by negligence of the Assisting Utility's personnel. The measure of reimbursement shall be the replacement cost of the materials and supplies used or damaged, plus ten (10) percent of such cost. In the alternative. the parties may agree that the Damaged Utility will replace, with a like kind and quality as determined by the Assisting Utility, the materials and supplies used or damaged. D. PAYMENT — Unless mutually agreed otherwise, the Assisting Utility should bill the requesting utility for all expenses not later than ninety (90) days following the Period of Assistance. The requesting utility shall pay the bill in full not later than forty-five (45) days following the billing date. Unpaid bills shall become delinquent upon the forty-fifth (45th) day following the billing date, and once delinquent shall accrue interest at the rate of prime plus two percent (2%) per annum as reported by the Wall Street Journal. E. DISPUTED BILLINGS —Those undisputed portions of a billing should be paid under this payment plan. Only the disputed portions should be sent to arbitration under Article VI. ARTICLE V. INSURANCE Each Participating Utility shall bear the risk of its own actions. as it does with its day-to-day operations, and determine for itself what kinds of insurance. and in what amounts, it should carry. Nothing herein shall act or be construed as a waiver of any sovereign immunity or other exemption or limitation on liability that a Participating Utility may enjoy. ARTICLE VI. ARBITRATION All disputes between two or more participating utilities arising from participation in this Agreement, which cannot be settled through negotiation, shall be submitted to binding arbitration before a panel of three persons chosen from the members of this Mutual Aid Agreement which are participating utilities, excluding those members that are parties to the dispute. Each party to the dispute shall choose one panel member and those panel members shall agree on one additional panel member. The panel shall adopt rules of procedure and evidence, shall determine all issues in dispute by majority vote and shall assess damages. The decision of the panel shall be final and binding upon the parties to the dispute. NOW. THEREFORE, in consideration of the covenants and obligations contained herein, the participating utility listed here, as a Participating Utility duly executes this Water/ Wastewater Mutual Aid Agreement this day of 20 Water/Wastewater Utility Representative(s): By: By: T. le: Cis Mana•er Title: Director of Environmental Services Tracey T. Barlow Brenda L. Dewees Please Print Name Please Print Name Name of Participating Utility: City of Edgewater Please Print Name of Utility (Please note: Attach a copy of your FIaWARN registration form to this document when you submit it. Thank you.) 1 EMERGENCY RESOLUTION NO.2017-R-37 AN EMERGENCY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, CONFIRMING A DECLARATION OF A STATE OF EMERGENCY AND AUTHORIZING THE SETTING OF A CURFEW. WHEREAS, a State of Emergency for the State of Florida was proclaimed byGOVERNOR RICK SCOTT onSEPTEMBER 4,2017 due to HURRICANE IRMA,and WHEREAS , a Federal Emergency Declaration was proclaimed by PRESIDENT DONALD TRUMP on SEPTEMBER 5,2017 due to HURRICANE IRMA; and WHEREAS,Edgewater citizens must be moved from harm's way; and WHEREAS, Chapter 8 of the City of Edgewater Code of Ordinances authorizes the declaration of a curfew and the designation of areas as off limits during a state of emergency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA,AS FOLLOWS: Section 1. A confirmation that GOVERNOR RICK SCOTT declared a State of Emergency for the STATE OF FLORIDA, which includes the City of Ed ewater was proclaimed on SEPTEMBER 4,2017 is hereby confirmed. g Section 2. A confirmation that PRESIDENT DONALD TRUMP declared an emergency declaration for the STATE OF FLORIDA, which includes the City of Edgewater, on SEPTEMBER 4,2017 is hereby confirmed. Section 3. HURRICANE IRMA may seriously affect and threaten the lives and property of residents of the City of Edgewater that requires emergency actions that protect the lives and property of citizens effective 6:30 pm on Friday,September 8,2017. Section 4. HURRICANE IRMA may seriously affect and create conditions which threaten the safety and security of the lives and property of the citizens of Edgewater and thereby requires the establishment of a curfew between the hours of 4:00 pm on Sunday, September 10th through 12:00 pm (noon) on Monday September 11th, 2017. The curfew will be reinstated beginning at 10:00 pm until 6:00 am for every evening during the response and recovery period beginning Monday September 11th, 2017 to expire September 19th, 2017 at 10:00 pm unless rescinded by the City Manager or extended by City Council. I #2017-R-37 Section 5. This resolution shall take effect immediately upon adoption. After Motion to approve by (c0-Y i.r.c--cr> � 7 i and Second by � _ . the vote on this resolution was as follows: AYE NAY Mayor Mike Ignasiak N.; Councilwoman Christine Power Councilwoman Amy Vogt N Councilman Dan Blazi N Councilman Gary T. Conroy PASSED AND DULY ADOPTED this 8th day of September, 2017. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA By. 4'i // ulArfi Robin L. Matusick Michael Ignasiak City Clerk Mayor For the use and reliance only by the City of Approved by the City Council of the City of Edgewater,Florida. Approved as to form and legality' Edgewater during the EMERGENCY meeting held by: on this 8th day of September,2017 under Agenda Aaron R. Wolfe,Esquire Item No. City Attorney <,- C24., Doran Sims Wolfe&Ciocchetti 2 #2017-R-37