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City of
EDGEWATER
INTER-OFFICE MEMORANDUM
TO: City Council
City Manager
Directors
FROM: Robin L. Matusick, City Clerk/Paralegal Ora"
MEMO NO: 2019-009
DATE: August 5,2019
SUBJECT: City Clerk's Office- Absence and Acting City Clerk
I ll be on vacation and out of the office from Thursday, August 8d' through Friday, August
16th. I will be out of state for most of that time but will be accessible by phone and email
(depending on service)during my absence.
1
Kelsey Hanna,Assistant to the City Clerk will be Acting City Clerk in my absence and be able to
help with anyone's needs.
Office fine CiN cl
P.O.Box 100•Edgewaz ,FL 32132-0100
(386)424-2400 Ext. 1101 -Fu(386)424-2410
�clWedke avr.org
r
The�arnett
IZ7jroup, Inc.
3301 S.Ridgewood Avenue
Edgewater,FL 32141
386-426-7234 office
July 24, 2019
Robin Matusick-City Clerk
City of Edgewater
Riverside Drive
Edgewater,FL 32141
RE:Council Meeting July 22,2019 -Item 71)
Robin,
Thank you for your service to the great City of Edgewater. Please share this letter with the
Mayor,City Council, City Manager and anyone else you think should be noticed.
First,I would like to thank City Manager Irby for stating the correct facts regarding item 7b
on the Council Agenda and reaching a positive decision. It should have been clear that all
that was desired was to start a conversation regarding a certain property owned by The City
of Edgewater that was desirable to a particular Buver.This Buyer had previously presented
his intended development to Staffas well as the Edgewater Lakes Home Owners Association
with positive and welcoming results.
The intended efforts were to present an opportunity before the City Council to determine
the benefits of a sale of underutilized surplus property that wasn't presently generating any
property tax proceeds. By considering the sale of this surplus and allowing for it to be
developed and placed on the tax roll, such decision would also benefit the community with
the receipt of additional permitting and impact fees.
Please trust me when I state that there was no inappropriate,unethical or illegal actions or
intent as referenced by one of the Council members during the July 22^^meeting. For the
record, I would also like to summarize the fads as it seems that there were public
accusations regarding my business as well as my character with no knowledge of the fads.
Fad 1
No-where on the document did I reference that I was acting as the Broker of Record for the
City of Edgewater on the opinion and/or that it should be used as a final value. This was a
factual document with comparable sales.The statement on the property giving the contract
price stated it was confidential until sold; was sold and closed well before the document
became public record. Regardless; the Buyer of the property had given me permission to
give the sale price as it would be public record as soon as it closed.
III'
Fact 2
The only reason we assisted with this proposal is because the business owner, who was
purchasing a property in the City of Edgewater to develop, wanted to purchase this
particular piece of vacant property that was not being utilized to include with his
development. Understanding the first step in a process was to have the City Council declare
the property surplus.
Fact 3
It was suggested that I recuse myself from this issue, as the Broker of The Barnett Group,
Inc., I am a professional Commercial and Residential Broker who has a vast knowledge of
property values in Edgewater.This opinion of value was a professional opinion to start the
conversation of declaring the property surplus. I thought it was important for the City
Council to have some basic idea of what I believed was the current fair market value of the
property. I had also referenced in my report that there would also be additional charges
that would be required to separate this portion of the parcel should the City Council
consider such property surplus and negotiate to sell. The intent of the contract was to
confirm to the City Council that the interest was serious enough that they committed with a
written offer.At no time was the opinion of value shared with the interested party.
Facto
The potential Buyer is interested in purchasing the property because it would allow him
additional area for retention. The City would gain an advantage because they would be
receiving fair-market value on property that wasn't being utilized along with reduced
maintenance burdens.The City would also begin receiving additional taxes,impact fees and
permitting fees.
Fact.-;
The process as Mr. Irby indicated was for the City Council to determine that the property
was surplus.The next step would be to obtain a professional appraisal.
Fact 6
Several hours were utilized to create the Broker's Opinion of Value. In this entire process
there was nothing to be gained by The Barnett Group, Inc.; except customer service and
providing good will.There were no commissions promised either from the Buyer or the City
of Edgewater.There were no monetary or promised benefits for this effort.
Fact
The property in question does have a building on it.As stated in the Opinion, the building
was not considered in the opinion as it has not been determined if it has any value to either
party.The property was originally the property of Hacienda Del Rio,they sold that property
to Volusia County and Volusia County sold that to Edgewater in zoos. Edgewater did not
build that building as stated at the Council meeting
Since I have worked as a Broker; there have been many times that a Broker's Opinion of
Value is done to compare to a formal appraisal. I have done it a few times for the City of
Edgewater.The City has never used one of my Broker's Opinion of Value as final but always
to compare with a professional appraisal;which is general practice.
21 , Ig �
It has always been my purpose to do everything I can to make the City of Edgewater a better
place to live and work. I have volunteered my time,energy and contributed many dollars to
City events to improve the City of Edgewater. I was appalled at the baseless accusations
thrown around at this public meeting;when my only intentions and motives were to benefit
the City of Edgewater.
I believe it is a serious mistake to slander someone's good name, and business in a public
hearing without knowing the facts of the issues.
I hope each Council Member will do their due-diligence prior to a public hearing as they are
supposed to be representing all the Citizens of Edgewater as well as the Business Owners.
Respectfully Submitted.
Marcia E.Barnett
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Shyriaka Morris
The PEACE Project Inc
Commission Agreement Between:
Shyriaka Morris-The PEACE Project Inc/The City of Edgewater-Whistle Stop Park
1. Description of the work:
The artwork to be created by the artist shall be in three sections resulting in three interactive
murals. Murals will help provide a decorative background to the community theater,a"wings"project
that will bring together community schools and a positive quote that will bring unity to growing
Edgewater community.
2. Obligations of the artist and client:
a) City of Edgewater shall purchase the materials for the project provided a list of supplies provided
by Shyriaka Morris.If,Shyriaka Morris is needed to purchase the materials,funding shall be provided.
b) Shyriaka Morris shall create three original sketches for the mural project.Some images are subject
to change due to conversations with The City of Edgewater and Shyriaka Morris.
c) Shyriaka Morris shall create the artwork,or in certain circumstances oversee the work of a
volunteer/assistant.
d) Shyriaka Morris shall prepare the wall and/or installation of the artwork(murals).
e) The City of Edgewater shall secure any building permits necessary for the lawful creation and
execution of the work.
f) The City of Edgewater shall provide OSHA compliant scaffolds to work on when necessary.
g) Any major changes that client requests of Shyriaka Morris,will result in paying The PEACE Project
an additional$75.00 per hour to create the change or changes.
h) Any changes artist deems necessary to enhance the composition or color in the artwork,will be
deemed for the good of the painting and at no additional charge to The City of Edgewater.
3.Start and completion dates:
The artist shall undertake the creation of the artwork on the first Monday after contract is signed and
complete the artwork on or by determined timeline set by Shyriaka Morris and the City of Edgewater.
Schedule listed below.Times and deadline subject to change due to inclement weather.
4.Additional artwork compensation:
Any additional artwork done by Shyriaka Morris shall be negotiated and compensated separately from
this agreement.
Shyriaka Morris
The PEACE Project Inc
5. Fees and schedule of payment:
Price of artwork:$3000.00 movie theater screen border design,$3000.00 Positive Poster,$5000.00
"Wings" Interactive Mural with area schools.Each mural shall be paid out separately.As they are ready
to be completed.The first mural will be the screen border design.Second mural will be the Positive
Quote Poster and a Back to school interactive mural project featuring the youth of area schools.
Mural ill Materials: approximately 20%of total
2 gallons per color exterior paint semigloss(yellow, brown,green,orange,purple,red, blue,
white, black)
3 assorted size brush and roller sets
• Large drop cloths
Everything else provided by The Peace Project/Shyriaka Morris
• Entryto a water source and a space to store supplies when not working on the mural
Upon execution of this agreement,The City of Edgewater shall pay to Shyriaka Morris:
a) 20%deposit due upon verbal and or signed agreement(Non refundable).
c) 40%due when project begins.
d) 40%due on day of completion. Date of completion will be set by Shyriaka Morris and filled in
and signed by all parties.
Fee Schedule for mural p2 and#3 will proceed mural#1 upon completion.This signed agreement is a
contract for three murals to be completed by Shyriaka Morris/The PEACE Project Inc.totaling in the
amount of$11750.00 not including materials provided by The City of Edgewater.
6. Exploitation of the Work:
Notwithstanding the assignment of any advertising/promotion rights to The City of Edgewater,Shyriaka
Morris shall retain all copyrights of the artwork. The artist shall be entitled to reasonable advance
notice of any publicity or photographic reproduction of the work. As well as,be entitled to customary
and appropriate identification as the creator of the work.
7. Maintenance of the Work:
The City of Edgewater shall notify Shyriaka Morris promptly in the event of the need for any
maintenance or restoration services so that the artist may have a reasonable opportunity to perform
such work herself or to supervise or consult in its performance. Shyriaka Morris shall be reasonably
compensated by The City of Edgewater for future maintenance and/or restoration services rendered. In
Shyriaka Morris
The PEACE Project Inc
absence of any need for restoration or maintenance,the work shall remain free of alteration by The City
of Edgewater,who shall take reasonable precautions to protect it against damage or destruction by
external forces. (In the event of possible alteration or destruction of the work due to proposed
renovation or demolition of a structure to which the artwork is affixed,Shyriaka Morris shall be entitled
to notification, by The City of Edgewater,affording Shyriaka Morris a reasonable opportunity to reclaim
the artwork in her digital portfolio before its destruction or alteration.
8.Warranty:
Shyriaka Morris warrants that the completed artwork will be fit and suitable for use and exploitation in
the manner(and to the extent/and for the duration)for which it is to be created,but this warranty is
conditioned upon the client's compliance with the provisions hereof relating to the installation,
maintenance and exploitation.
9. Death and disability:
In the event of an incapacitation,illness,or injury of Shyriaka Morris and a delay arising there from in
the execution of the work,Shyriaka Morris shall notify The City of Edgewater of such delay. In the event
of the artist death,her estate shall retain any payments made therein.
11. Other delay:
If the execution of the work is delayed by an actor neglect of The City of Edgewater,by labor disputes,
unusual transportation delays,or by other external forces or natural calamities outside the control of
Shyriaka Morris,the artist shall be entitled to extend the completion date via verbal or written
notification to the client,by the time equivalent to the period of such delay.
12.Arbitration:
Any dispute hereunder between the parties(not involving money claims by either party in excess of
$1,000.00)shall be resolved by resort to arbitration(in accordance with the standards and procedures
of the American Arbitration Association).
The laws of the state of Florida shall govern construction of this agreement.
i
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Shyriaka Morris
The PEACE Project Inc
Visual Artist/Master Community Builder
The PEACE Project Inc EINN 82-2334515
Name: Title: Date:
Client
The City of Edgewater
Name: Title: Date:
The PEACE Project Inc./Shyriaka Morris
478 Palm Street New Smyrna Beach,FL 32168
peacepro4ectl998@gmail.com
phone:386-631-5551
Shyriaka Morris
The PEACE Project Inc
2019 Schedule:
Schedule will be provided when the contract is signed.
All dates based upon great weather for outdoor painting.
4 1
P6 MPROJEClb[
Shyriaka'Shy'Morris Whi#le Stop Park-Mu.[PmPasal
478 Palm Weet August 1,2019
new Smyrna Beaty,smida 32168 City of Edgewater,Barida
About the Artist:
I am 4° generation native to New Smyrna Beach.My parents and grandparents always
provided a space your me to he involved in education in a way that was extremely
creative.I was always challenged to use my aeativiy in a way that could inspire
change in the community.I fell in lave with coloring in my sketch pads and colonng
books.I loved mixing colors together to create two toned effects.In blending these
colors sparked and interest in seeing how this could manifest in my work as a Master
Community Bolder.My mediums as an artist include,acrylics,watercolors and social
sculpture:community gardens and community mural projects that unite the community
in a healthy and holistic process.
About PEACE Project
A community based non-profit organization with an award winning curriculum
that is focused on providing(PEACE) Positive Education and Creative
Environments for the youth in our programs. Our Founder, Shy Morris creates
opportunities for the youth to participate in hands on beautification and
community service in communities in need. Our organization provides a service
to the community,our teens and youth participants can get volunteer hours
towards fieldtrips and community outreach incentives.We are creating a positive
pathway for our youth in Volusia County to have a safe space to learn,grow and
utilize their talents in a positive setting.All ages are welcomed to foster an
intergenerational connection to the community as one big family.All of funding
for the mural project will support our continued efforts to build a 24 hour
community home school in New Smyrna Beach.
r
vracE vaorrcrmc
Art is Everything
We are motivated by learning to see ,it use everything as a STREAM and
ARTS model.We love to learn the history of a community and draft concepts
that can inspire us to Work as a team to bring our images to life as one giant
coloring book.With this project our mural arts team cam,up with these ideas:
STREAM
S-Social Science-Bringing the community together with ideas they would love
to see at Whistle Park
T-Technology/Team Work/Talk-We researched the history of Edgewater,took
photographs of the proposed site.They talked to people in the community to see
what they like to see in their community.
R- Read/Relate/Research- Reading over our notes so we can make sure we
are developing a relationship with our project and its community.We also
learned some new vocabulary along the way.We also researched great murals
from around the world.
E-Engineering/EnvironmentfEngage-Our mural arts team will create a 3d
model of our mural project to give to the City of Edgewater to display what the
Final three murals will look like at Whistle Park.
A-Art is everything.We will use everything that we learned in the workshops to
be AWESOME and painting this mural
M-Math-Our mural arts team Will draw out and use math/measurements to
make sure our mural is symmetrically placed.Our youth will be able to see how
math work in real life experiences.
PEACE PROIEQInr
Our Images—Community Movie Night
We would love to surround the projected screen with a Welcome to Edgewater
mural.This mural will be interactive with different spaces residents and visitors
can post for unique pictures to build memories and encourage more people to
visit your beautiful town.We wanted to show how diverse our community is in
Edgewater. Residents of the community can participate in drawing a picture of
their family to be represented on the'Everyone is Welcome in Edgewalef mural
project.Families will submit their drawings a Shy Morris will drawthem on the
mural. The letters that spell out Edgewater will have space for NSBHS students
to contribute to the community mural.
Catch Your Dreams
Celebrating and honoring the history of all cultures is how we begin to respect our
similarities in our differences.Our dream catcher will include sawed nems that reflect
the Edgewater community and its commitment to being diverse in greenspaces that are
open to the public Dream catchers are a symbol of lope and healing.
On the Wings of Love
A wall of wings also an interactive mural project used to spark the communityto take
pictures,post to social media and build an interest of those that may want to visit the
City of Edgewater.In or wings proposal we would also love to utilize the sidewalk as a
potential paining surface ro so a 3D painted batleriy,that would also be a great space
for a wonderful memory. ,
Master Community Builder
For line past 25 years Shy Monis have worked in communities creating spaces for
people to connect and share.The murals presented wit be accompanied by coloring
sheets to engage the local schools and their art departments.Families are invited to
come out and help paint on the'Giant Coloring Book".Shy wit hold workshops and lead
panting at the mural on the selected days.Her outreach wit be open to the public on
PEALS pROIECTInc
social media,newspapers,websites and all areas where we ran work together to get the community invohred in this project.Shy is a Youth Mentor-Motivator with Volusia
County Schools and will work with the mentor program to help students get volunteer
hours and help work building better communities.Currently Shy is on the Neighborhood
Council for the City of New Smyrna Beach,President of the South East Volusia NAACP,
Adopted Pettis Park with The City of New Smyrna Beach,Executive Board Mary S.
Harrell Black Heritage Museum,Founder of the Youth Community Garden and her
award winning,art program PEACE ARTS.She is a Community Artist and Art and
Wellness Ambassador with Atlantic Center for the Arts and doing art and wellness in
these Volusia county Schools:NSBHS,NSBMS,Chisholm,Read Pattillo,AMI Kids
Flagler/Volusia(Fust Ume Offenders)and Campbell Middle.
Seen Around Town-Mural Projects
2013-Freedom Quit Mural Project-Pettis Park
2014 Park and Bark Parking Posts-South East Volusia Humane Society
2015 Unite Community Mural Project-Babe James Community CenterAtlanticCaller
forthe Arts- CDBG
2016 interactive Mural Project-NSB Housing Authority
2019-PEACE Posters-PEACE ARTS Youth Garden on Washington,NSB
Awards
2019-Daytona State College:National Women's Day-Visionary Award Peace and
Non-violence
2018-Community Outreach Award-Chisholm High School Award
2017-Community Organization of the Year-Daytona Beach, Florida
2016 Heart of a Servant Award-NSB Allen Chapel AME Church
2016 Juneteemh Hometown Hem Award City of Daytona Beach
PFACE PROIECf Inc
Availability
We would love to start drawing on these murals in November and have a finished mural
project February 2020.Students in Volusia County Schools will be able to participate
during the Winter Break
Conldbuton
We are asking for 11,750.00 to complete the murals.The break down of the payments
are listed on the previous contact submitted in April 2019.
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