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03-04-1996
l 1 .. o <.) Votinq Order Mayor Hayman Councilman Hatfield Councilwoman Martin Councilman Hays Councilman Mitchum. AGENDA CITY COUNCIL OF EDGEWATER MARCH 4, 1996 7:00 p.m. COMMUNITY CENTER 1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE 2. PROCLAMATIONS A. Excellence Award to Boston Whaler D. Mike Poniatowski and Advanced Medical and Pharmaceutical for Donations to Fire/Rescue for Upgrade to Advanced Life Support Services 3. APPROVAL OF MINUTES A. Regular meeting of February 5, 1996 I 4. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (Other than public hearings) 5. CITY COUNCIL REPORTS 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. First reading Ord. 96 -0-0 1 Establishing regulations for Outside Storage of Vehicles, Equipment and Materials B. Res. 96-R-04 Expressing Support for Halifax and Indian River Task Force's Halifax and Indian River Spring Cleaning Day April 27, 1996 C. Res. 96-R-05 Supporting Volusia County Beach Trust Commission and Opposing any Effort to Dissolve said Commission 7. CONSENT AGENDA A. Retaining Dean, Ringers, Morgan and Lawton re: Mary Louise McDonald v. City of Edgewater B. Retaining Foley & Lardner re: S & E Contractors, Inc. v. City of Edgewater 8. OTHER BUSINESS A. Discussions and updates with Volusia County Charter Review Commission Chairman and Committee Chairmen B. Request of Hi Tops Lounge to extend operating hours during Bike Week March 4-10, 1996 C. Amendment to Hartman and Associates, Inc. contract for engineering services related to Wastewater Treatment plant - reclaimed water system improvements and declare project impact fee eligible D. Interlocal Agreement - Unified Building Code E. Agreement with Department of Community Affairs re: funding for Comprehensive Plan Evaluation and Appraisal Report .. (J o City Council of Edgewater Agenda - March 4, 1996 Page Two 8. OTHER BUSINESS (Continued) F. Submittal at meeting of list of March 16 auction items and declaring items surplus G. City Manager's report and proposal to provide water and sewer service to Southeast Volusia County H. Discussion of capital improvement needs 9. GENERAL CITIZEN COMMENTS/CORRESPONDENCE 10. OFFICER REPORTS A. Parks & Recreation Director's verbal report on Christmas House (Tour of Home) 11. ADJOURN. NOTE: All items for inclusion on the March 18, 1996, agenda must be received by the City Manager's office no later than 4:30 p.m. Monday, March 11, 1996. Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to insure that a verbatim record of the proceedings is made. In accordance wi th the Americans wi th Disabili ties Act. persons needing assistance to participate in any of these pnJceedings should contact City Cledc Susan Wadsworth, 904-424-2407, prior to the meeting. 4 a- h. / N N • b m q 'r-I 00 4j •r Z 0 4 E 4.)'H **o""' a -� U Q U o, 1 •--ii ' 1 - 4 H 4.) N Q ti 0) C) •N Z o ° ►ac' •a)o • N 41 H O U •C U q O U o - q m�o q Q ww f °a c.) a 2 . r-4 N Lt O p Q) 't -,-1 o -,-.1 r-' - "o 0 PU x U 0-4 Q O f2'� O W c3 41 111w o'" O 0 '- 0 3 4J 0 W q ro .Q b Q O � 0v 44 • r. • Q) 0 O h to r.i Q3 - N pg c H U r1 - U U ti U C H 4i (1) oN Q) O • W H0 • U O N ^ i H4) E R 0 -4 4J 4J t (13 O ti) CV • � • x q o •C 'H IOW" 0 0 - ca H A as >4 "V g 4-) 4_) -i 03 3 [ u m o m m 3 ro E E E ( . ) Z4 -C O U h -,4-.4...1.H- N 4-) 4-) N UUUU 4-3 �, 3 3 3 ms E-+ U q - r-i-i O W U UUUU i THE CITY OF EDGEWATER *" � i t �* - .. •.; , •:` : .. ,. y, ` POST OFFICEBOX100.- EDGEWATER, FLORIDA 32132 -0100 February 8, 1996 Boston Whaler Doug Fonte - President • 4121 U S Highway 1 Edgewater, Florida 32141 Dear Mr. Fonte, The Edgewater City Council and the Economic Development Board have requested that you attend the regular City Council meeting,. Monday March 4, 1996' at 7:00 p.m. in the Edgewater Community . Center_: for a special presentation to Boston :Wha V If you should have any questions please feel free to call. Sincerely, ack. H. H_ajrnati1, Sr. ayor SJW 104 NORTH RIVERSIDE DRIVE • FAX (904)424 2409: SUNCOM 383 2400 C ITY.CLERIC-(904)424-2407-PERSONNEL-(904)424-2408 K' - • r 1 --. � a . e ,,1---'''-■--- , \ L i `' l� ' F f `Igor * •:: ; k / ,;r m g o 4. 1 • Iii r OWee et thecAtayok WHEREAS, Mr. Mike Poniatowski and his company, Advanced Medical and Pharmaceutical have rendered service to this community which deserves special recognition; and r.. WHEREAS, he and his company have donated nearly $1,000 of medical supplies which were instrumental in facilitating the Department of Fire- Rescue's upgrade to provide advanced life support services to the community; and NOW, THEREFORE, on behalf of all of our citizens, I am pleased to tender this Certificate of Recognition to him and his company, with our sincere thanks for his service to the citizens of our community. 3ti IN tugs ci , 'grenf 9g have heneuhto set my hard aid caused the Cgneat SeaC of the City of 2dgewaten to be affixed , C,,+',11 Done at the Edgewater City Hall in the 0. X1.4 i s- r County of Volusia STATE OF 'i ;''i'; FLORIDA this 1St day of S 4> i , ., February in the Year of Our Lord one I , 4 thousand nine hundred and ninety- : xI I, 'l i $ six ,, J t 4 444, Now _ - Att ' v, Ma • 4 7 r City Clerk t . 1 AGENDA REQUEST C.A. NO.: 96 -33 Date: February 27, 1996 PUBLIC HEARING RESOLUTION ORDINANCE 3 /4/96 OTHER CONSENT BUSINESS CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: First Reading Ordinance No. 96 -0 -01 - Establishing Regulations for Outside Storage of Vehicles, Equipment and Materials BACKGROUND: At the February 5, 1996 Council meeting, the Council retired proposed Ordinance No. 95 -0 -12 and directed that a new ordinance be drafted consistent with the Staff proposal presented at that meeting. Accordingly, attached is draft Ordinance No. 96 -0 -01 which in summary revises Ordinance No. 95 -0 -12 as follows: 1. Outside storage of "junked vehicles" shall be prohibited in residential areas. `ow 2. "Junked vehicles" shall mean vehicles which are inoperative, wrecked, partially dismantled or otherwise mechanically incapable of being operated in their present condition. (Under this definition, the mere absence of a current license tag would no longer result in a junked vehicle designation.) 3. Vehicles which would otherwise be considered junked may be restored and stored outside upon the issuance by the City of a vehicle restoration permit. Such vehicles must be covered at all times except while active restoration is in progress. Vehicle restoration permits shall be limited to one per dwelling unit. The term of the permit shall be one year with the opportunity for additional one year renewals upon the demonstration of significant progress in the restoration process. Token or insignificant progress during the one year period would result in denial of the request for permit renewal. 4. To facilitate identification of vehicles under restoration, the vehicle restoration permit shall be posted conspicuously at the residence at all times - similar to the posting of a building permit. RECOMMENDATION /CONCLUSION: Staff recommends that the Council consider approval of Ordinance No. 96- 0-01 on first reading. One issue that may need further clarification is the amount /extent of progress necessary to renew a permit from year to year. Although training of the Code Enforcement Officer as recommended by Councilman Mitchum will certainly be important, the establishment of guidelines would provide an additional mechanism for insuring more consistent enforcement. Notilw FUNDS AVAILABLE: (ACCOUNT NUMBER) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO XX DATE: AGENDA ITEM NO. Respectfully submitted, Concurrence: Kri a A. Storey George McMa on City Attorney City nager Mark P. Karet Director of Community Development Nifty KAS Attachment ORDINANCE NO. 96 -0 -01 AN ORDINANCE CREATING SECTION 1101 (OUTSIDE STORAGE) OF CHAPTER 11 (MISCELLANEOUS REGULATIONS) OF THE LAND .. DEVELOPMENT CODE OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING REGULATIONS FOR THE OUTSIDE STORAGE OF VEHICLES, EQUIPMENT AND MATERIALS; REPEALING SECTIONS 10 -60 THROUGH 10 -69 OF CHAPTER 10, HEALTH AND SANITATION OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Inconsistencies exist within Sections 10 -60 through 10 -69 of the Code of Ordinances which regulate the outside storage of vehicles, equipment and materials. 2. Accordingly, it is in the best interest of the citizens of Edgewater that Section 1101 (Outside Storage) of Chapter 11 of the Land Development Code of the City of Edgewater, Florida be created. NOW THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. CREATION OF SECTION 1101 (OUTSIDE STORAGE) OF CHAPTER 11 (MISCELLANEOUS REGULATIONS) OF THE LAND DEVELOPMENT CODE OF THE CITY OF EDGEWATER, FLORIDA. Section 1101 of Chapter 11 is hereby created to read as follows: Section 1101. Outside Storage 1101.01 Residential Uses. Outside storage of materials, equipment and junked vehicles shall not be permitted for 'rrr residential uses except as set forth below. For the purposes of this section, junked vehicles shall mean vehicles which are inoperative, wrecked, partially_ dismantled or otherwise mechanically incapable of being operated in their present condition. This provision shall not apply to the regular parking or storage of licensed and operable motor vehicles, boats, recreational vehicles and other such vehicles. A. Vehicles which would otherwise be considered junked vehicles may be restored and stored outside upon the row Underlined through portions are deleted. Underlined portions are added. 96 - 0 - 01 1 issuance of a vehicle restoration permit by the Director of Community Development. The restoration and inside Na,. storage of a vehicle which would otherwise be considered a junked vehicle does not require the issuance of a permit. B. Any person seeking to restore and store a junked vehicle outside shall file an application with the Department of Community Development accompanied by a nonrefundable application fee as established by resolution of the City Council. The application shall be in such form and shall contain such information and documentation as shall be prescribed from time to time by the Director of Community Development. C. The term of the permit shall be one (1) year. Additional one (1) year renewals may be granted by the Director of Community Development upon the demonstration of significant progress in the restoration process and payment of a permit renewal fee as established by resolution of the City Council. Token or insignificant progress during the preceding one (1) year period shall result in denial of the request for permit renewal. In that case, the vehicle shall be treated as a junked vehicle and outside storage shall be prohibited. r D. Vehicle restoration permits shall be limited to one (1) per dwelling unit. E. Upon issuance, the vehicle restoration permit shall be posted conspicuously at the residence at all times. F. Vehicles for which a permit has been granted shall be covered at all times except while active restoration is in progress. G. The decision of the Director of Community Development regarding renewal of the vehicle restoration permit may be appealed to the code enforcement board by filing a Now Struck through portions are deleted. Underlined portions are added. 96 -0 -01 2 • written notice of appeal with the secretary of the code enforcement board within thirty (30) days from the date Now the decision was rendered. The code enforcement board shall provide an opportunity to appear, be heard and to present testimony or evidence. Upon hearing all testimony and evidence, the board shall determine whether there was significant progress in the restoration process during the preceding one (1) year period as opposed to token or insignificant progress during that time period. 1101.02 Office Uses. Outside storage of vehicles, equipment or materials shall not be permitted for office uses. 1101.03 Commercial Uses. Outside storage of vehicles, Now equipment and materials shall be permitted for commercial uses as specified below: A. Display of landscape or garden supplies, outdoor recreational equipment and lawn equipment located in designated areas approved for such display as part of a plan approved by the Director of Community Development. B. Display of new and used motor vehicles, boats, recreational vehicles, mobile homes and other such vehicles located in designated areas approved for such display as part of a plan approved by the Director of Now Community Development. C. Storage of licensed and operable motor vehicles, boats, recreational vehicles and other such vehicles located in designated areas approved for such storage as part of a plan approved by the Director of Community Development. D. Display of products customarily used out of doors such as pools, spas, lawn furniture, concrete fixtures and other similar items limited to one (1) set of any one (1) product or model. E. Special sales events permitted under this Code. Now Struck through portions are deleted. Underlined portions are added. 96 - 0 - 01 3 F. Storage of inoperable motor vehicles awaiting repair outside screened areas on the site of motor vehicle repair facilities and motor vehicle service centers, provided that no such vehicle shall be stored outside the a screened area for more than thirty (30) consecutive days. G. Storage of inoperable motor vehicles awaiting repair outside screened areas on the site of motor vehicle repair facilities and motor vehicle service centers for more than thirty (30) days provided that the vehicle is covered by a custom car cover. H. Storage of inoperable motor vehicles awaiting repair within screened areas on the site of motor vehicle repair facilities and motor vehicle service centers. 1101.04 Industrial Uses. Outside storage of vehicles, equipment or materials shall be permitted for industrial uses as specified below: A. All storage areas shall be enclosed by an opaque wall, fence or landscaping of sufficient maturity, density and height to screen such areas from any public right -of -way or adjoining property. B. Screening shall not be required around storage areas for operable motor vehicles and landscape materials. C. Storage of inoperable motor vehicles awaiting repair outside screened areas on the site of motor vehicle repair facilities and motor vehicle service centers, provided that no such vehicle shall be stored outside the a screened area for more than thirty (30) consecutive days. D. Storage of inoperable motor vehicles awaiting repair outside screened areas on the site of motor vehicle repair facilities and motor vehicle service centers for more than thirty (30) days provided that the vehicle is Struck through portions are deleted. Underlined portions are added. 96 -0 -01 4 covered by a custom car cover. E. Storage of inoperable motor vehicles awaiting repair ,,,, within screened areas on the site of motor vehicle repair facilities and motor vehicle service centers. 1101.05 Public Right - of - Way. No unlicensed vehicles, inoperable vehicles, materials or equipment shall be kept, maintained, stored or deposited on any public right -of -way. However, this section shall not be interpreted to preclude the City from utilizing its right -of -way for appropriate public purposes. PART B. REPEAL OF CERTAIN PROVISIONS OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA. Sections 10 -60 through 10 -69 of Chapter 10, Health and Sanitation of the Code of Ordinances of the City of Edgewater, Florida, are hereby repealed. PART C. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this Nur ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. EFFECTIVE DATE. This ordinance shall take effect XXXXXXXXXXXXXXXXXXXX. PART F. ADOPTION. After Motion by and Second by , the vote on the first reading of this ordinance held on March 4, 1996, was as follows: Ni,.. Struck through portions are deleted. Underlined portions are added. 96 - 0 - 01 5 Mayor Jack H. Hayman, Sr. XXX Councilman Danny K. Hatfield XXX v,, Councilwoman Louise A. Martin XXX Councilman Mike Hays XXX Councilman David L. Mitchum XXX After Motion by and Second by the vote on the second reading of this ordinance was as follows: Mayor Jack H. Hayman, Sr. XXX Councilman Danny K. Hatfield XXX Councilwoman Louise A. Martin XXX Councilman Mike Hays XXX Councilman David L. Mitchum XXX PASSED AND DULY ADOPTED this day of , 1996 ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Susan J. Wadsworth Jack H. Hayman, Sr. City Clerk Mayor APPROVED FOR FORM AND CORRECTNESS: Krista A. Storey City Attorney Nifty Struck through portions are deleted. Underlined portions are added. 96 -0 -01 6 AGENDA REQUEST C.A. NO.: 96 -29 err Date: PUBLIC HEARING RESOLUTION 03/04/96 ORDINANCE OTHER CONSENT BUSINESS CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: Resolution No. 96 -R -04 Expressing Support for the Halifax and Indian River Task Force's Halifax and Indian River Spring Cleaning Day Apri]. 27, 1996. BACKGROUND: A request was received from the Halifax and Indian River Task Force for support of the April 27, 1996 Spring Cleaning Day. Attached is a copy of the request and draft Resolution No. 96 -R -04. RECOMMENDATION /CONCLUSION: Staff requests that the City Council consider adopting Resolution No. 96 -R -04. FUNDS AVAILABLE: (ACCOUNT NUMBER) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, Concurrence: IA ' 111 46LALLe Lc 934.e Krista A. Storey ' Georg- E. McMahon City Attorney City Manager KAS /rmw Attachments RESOLUTION NO. 96 -R-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, SUPPORTING THE HALIFAX AND INDIAN RIVER TASK FORCE'S HALIFAX AND INDIAN RIVER SPRING CLEANING DAY IN CONJUNCTION WITH THE "GREAT FLORIDA CLEANUP" SCHEDULED FOR APRIL 27, 1996; REPEALING RESOLUTIONS IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Edgewater, Florida, endorses the goal of an economically strong community in a clean and beautiful environment "from land to river to sea "; WHEREAS, the Halifax and Indian River Task Force is sponsoring the Halifax and Indian River Spring Cleaning Day on April 27, 1996, ''`r in conjunction with the "Great Florida Cleanup ", which will help move this area closer to achieving the aforestated goal; and WHEREAS, the City Council also encourages governments, citizens and businesses to acknowledge National Earth Month by participating in the "Great Florida Cleanup" in an effort to make the waterways clean and safe for estuarian animals and people who enjoy swimming and water sports. NOW THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater, Florida: Now Section 1. The City Council hereby expresses its official support for the Halifax and Indian River Task Force's Halifax and Indian River Spring Cleaning Day on April 27, 1996, in conjunction with the "Great Florida Cleanup" and encourages all of its employees and citizens to participate in the said activity. Section 2. All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. 96 -R -04 1 Section 3. This resolution shall take effect upon adoption. After Motion by and Second by the vote on this resolution was as follows: Mayor Jack H. Hayman, Sr. XXX Councilman Danny K. Hatfield XXX Councilwoman Louise A. Martin XXX Councilman Mike Hays XXX Councilman David L. Mitchum XXX PASSED AND DULY ADOPTED this day of March, 1996. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA B Susan J. Wadsworth Jack H. Hayman, Sr. City Clerk Mayor APPROVED FOR FORM & CORRECTNESS: Krista A. Storey City Attorney Nay vow 96 -R -04 2 >'� OJ Y co �c , = = ,: usia D '‘ ,k ia c o- f .0. p OWs P. _, � r Halifax/Indian River Task Force / - r, aft_ 440 S. Beach Street • Daytona Beach, FL 32114 -5004 7. (904) 239 -6425 • (904) 423 -3864 1; #C? l imisT4- i.: February 12 1996 ® �`' Viz:, -,,v57- �: 1: 9 Mayor Jack Hayman and Commissioners ' I - ' City of Edgewater � � �� \` % Post Office Box 100 Edgewater, Florida 32132 -0100 Dear Mayor Hayman and Commissioners, • The Halifax /Indian River Task Force and "Keep Daytona Beach Beautiful" invite all East Volusia Communities to join them in an area-wide cleanup during the morning of April 27, 1996, from 8:00 a.m. to noon. The date coincides with the statewide Keep Florida Beautiful "Great Florida Cleanup ", and is a significant observance of National Earth Month. or This event will also celebrate the 8th Annual Halifax /Indian River Spring Cleaning. Each year, the boundaries of the cleanup have been expanded along the eastern waterways and now include the beaches and all of the communities of East Volusia County. We want to emphasize the fact that our waterways starts out in our yards and streets. Recent tropical storms and heavy rains have shown dramatically how stormwater connects the land, the rivers and the sea. With your support, our cleanup will encourage governments, citizens and businesses to cooperate in other actions to achieve the vision of an economically strong community in a clean and beautiful environment. We are asking all municipalities to adopt resolutions, similar to the one enclosed, recognizing the importance of a clean community, "from laid to river to sea ", and supporting the April 27th cleanup. We also invite you per: onally, as an elected representative of your community, to join us for a celebration a ter the cleanup. The ceremony will begin at 12:15 p.m. at Halifax Harbor Marina, Da, tons Beach. Thank you for your participation. +o,,,,, Sincerely, - C va 7 9: TA Christina Travis, City Commissioner lete Oa ey, airm Chairman, Keep Daytona Beach Beautiful Halifax /Indian River T Force rai ILr Piinntl On A•cyci.d P.P., 1 AGENDA REQUEST DATE: February 28, 1996 OTHER CONSENT BUSINESS PUBLIC HEARING, ORD., RESOLUTION 3/4/96 ITEM DESCRIPTION /SUBJECT: Res. No. 96 -R -05 Supporting Volusia County Beach Trust Commission and Opposing any Effort to Dissolve Said Commission BACKGROUND: The Volusia County Council is considering a voter referendum which would dissolve the Beach Trust Commission, and the City of South Daytona has asked that we take a position on this matter. RECOMMENDATION /CONCLUSION: Council's decision. FUNDS AVAILABLE: ACCOUNT NUMBER: N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED): Previous Agenda Item: YES NO X Date: Agenda Item No. Respectfully submitted, George/E. McMahon City Manager lsk `rrr 7. /)- AGENDA REQUEST C.A. NO.: 96 -32 Date: February 27, 1996 PUBLIC err HEARING RESOLUTION ORDINANCE OTHER CONSENT 3/4/96 BUSINESS CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: Retaining Dean, Ringers, Morgan and Lawton in Reference to Mary Louise McDonald v. City of Edgewater BACKGROUND: On February 20, 1996, the Mayor was served with the attached Complaint regarding the termination of former City employee Mary Louise McDonald. Joseph Flood of Dean, Ringers, Morgan and Lawton has represented the City in Bertha nusdrofski v. City of Edgewater, Rita Malone v. City of Edgewater, S &E Contractors, Inc. and Elizabeth Fenical and currently represents the City in the Kahle and Maloney matters. The firm's current hourly rate to the City is a very reasonable $95.00. The firm was originally recommended by the League of Cities. I have been very rI ' satisfied with the firm's responsiveness and work quality to date. RECOMMENDATION /CONCLUSION: I recommend that the Council formally retain Mr. Flood's firm, Dean, Ringers, Morgan and Lawton in reference to this matter. FUNDS AVAILABLE: (ACCOUNT NUMBER) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO XX DATE: AGENDA ITEM NO. Respectfully submitted, Concurrence: 4--4-'/ Krista A. Storey ( George/ . McMahon City Attorney City M'anager KAS Attachment tiour • I? HE CIRCUIT /COUNTY COURT IN AND FOR VOLUSIA COUNTY, FLORIDA 96 -30363 CICI � CASE NO. RICHARD B B. OR' WOMAN L 3 JUDGE 4 l 19S N LOUISE MCDONALD THE CITY OF EDGEWATER (FfIlq At tORNEY -VS- Plaintiff(s), Defendant(s). SUMMONS THE STATE OF FLORIDA: L, zc' I Z S TO EACH SHERIFF OF THE STATE: YOU ARE HEREBY COMMANDED to serve this summons and a copy of the complaint or petition in the above styled cause upon the defendant(s): THE CITY OF EDGEWATER j ) • A MUNICIPAL CORPORATION \ — �� = Y� 7 �3 �, . 104 NORTH RIVERSIDE DRIVE ' EDGEWATER , FL 32132 . / ?'r `err J/1 Each defendant is hereby required to serve written defenses to said complai t or petition on plaintiff or plaintiffs attorney, whose name and address is: CHARLES TINDELL, ESQUIRE 406 N. WILD OLIVE AVENUE DAYTONA BEACH, FL 32118 within 20 days after service of this summons upon that defendant exclusive of the day of service, and to file the original of said written defenses with the Clerk of Court at any of the three addresses listed on the reverse side of this summons either before service on plaintiffs attorney or immediately thereafter. If a defendant fails to do so, a default will be entered against that defendant for the relief demanded in the complaint or petition. FEBRUARY 13, 1996 Dated DIANE M. MATOUSEK CLERK OF CIRCUIT /COUNTY COURT `err ret to atty for sop sah cc pltfs atty by mail - � - $y; ( 5/ , c O li (, r d,6,d Deputy Clerk (seal) CL- 0224 -8412 IN THE CIRCUIT COURT, SEVENTH JUDICIAL CIRCUIT, IN AND FOR VOLUSIA COUNTY, FLORIDA CASE NO.: MA?'.Y LOUISE MCDONALD, Plaintiff, vs. THE CITY OF EDGEWA'I'ER, a municipal corporation, Defendant. / COMPLAINT COMES NOW the Plaintiff, MARY LOUISE MCDONALD, and make this her complaint against the Defendant, THE CITY OF EDGEWA'I'ER, a municipal corporation, existing under the laws of the State of Florida, by and through her undersigned attorneys of record, and allege that: GENERAL ALLEGATIONS 1. This is an action for damages exceeding the sum of $15,000.00. 2. At all times material hereto, the Defendant was a municipal corporation, organized and existing under the laws of the State of Florida, and located in Volusia County, Florida. 3. At all time material hereto, the Plaintiffs were residents of Volusia County, Florida, and the Plaintiff, MARY LOUISE MCDONALD, was ' employed by the Defendant. 4. All of the matters hereinafter alleged occurred within Volusia County, Florida. The Plaintiff, MARY LOUISE MCDONALD, was a permanent employee of the city of Edgewater, Florida, from January 3, 1986, until 1 • November 4, 1993, at which time she was separated from her service with the city of Edgewater by the facts and in the manner hereinafter set forth. *ow 5. At all time material hereto, the Plaintiff, MARY LOUISE MCDONALD, was assigned by the Defendant to work around a municipal building hereinafter referred to as the Community Center. Among the Plaintiff's duties was the assigned job of cleaning said building. COUNT I - RETALIATORY DISCHARGE 6. The Plaintiff realleges each and every allegation in paragraphs 1 through 5 above. 7. This is an action pursuant to Florida Statute 112.3187. The City of Edgewater, Florida, a municipal corporation falls within the definition of agency under 112.387 F.S.. 8. For more than one year prior to July 2, 1993, public records of the Defendant show that the City, and it's administrative officials, were aware of the serious contamination of the air conditioning system of the Community Center and it's adjacent environs arising from the fact that pigeons were living and nesting in, on, and around said air conditioning system. The Defendant had knowledge that a large amount of pigeon waste, dead pigeons, feathers and other debris from the pigeons, had accumulated in said air conditioning system. The public records of the Defendant also reveal that administrators of said City knew that the pigeon contamination of the air conditioning system at the Community Center, and it's environs, was a health hazard to the employees in and around said 'Community Center, or who work in spaces serviced by the air conditioning system located therein. Said Defendant also had knowledge that the • pigeon contamination posed a health threat to the general public who on occasion used the community center for public affairs and business. 2 1 1 9. On or about July 2, 1993, after Defendant had failed to adequately address and remedy the problem described in paragraph 9 ` above, and out of concern for her own health and the health of her co- workers and general public, the Plaintiff reported her concerns to the State of Florida's Department of Labor and Employment Security. 10. Thereafter, on or about August 25, 1993, the State of Florida conducted an on -site investigation of the Community Center and adjacent Detective Bureau of the City of Edgewater, and at the request of the State investigator, the Plaintiff, MARY LOUISE MCDONALD, accompanied him to the site where the pigeon contamination was located and identified for him the air conditioning system and its duct work. 11. Thereafter, on September 11 , 1993, the State of Florida issued ``.• a notice of violation, requiring the City to take remedial action. 1 2. While the Plaintiff, MARY LOUISE MCDONALD, was showing the State inspector the location of the contaminated air conditioning system and ducts, as set forth above, her Supervisor learned what she was doing, and ordered her to leave the scene. The State inspector requested her to stay until they had located all of the areas of contamination, which she did. Thereafter, on or about August 27, 1993, the Plaintiff was given an oral reprimand for refusing the Supervisor's order, which was documented in writing on September 20, 1993, according to the public records of the Defendant. 13. On or about August 12, 1993, the. Defendant was informed by **''' Graciela Grey, M.D., that the Plaintiff was being treated for Psitticosis, and that she should no longer enter or work in the Community Center. Thereafter, on or about September 30, 1993, the Defendant was informed 3 by Dr. Grey that the Plaintiff would not be able to return to work at the Community Center until it had been determined to be Psitticosis -free. Nifty 14. On or about September 30, 1993, the Defendant received a report from Albert J. Razzetti, M.D., another physician treating the Plaintiff confirming that she had Psitticosis, attendant respiratory problems, and requesting the City's cooperation regarding her work -place environment. 15. Notwithstanding the above, on September 30, 1993, the Plaintiff was ordered by her Supervisor, at the specific instructions of the City Manager, to return to work in the Community Center on October 1, 1993, and to perform cleaning functions within the Center. When the Plaintiff advised her supervisors that this was against the specific instructions of her physicians, she was notified that she was suspended. 16. On or about October 26, 1993, the City Manager held what he Noy described as a '`pre- termination hearing ". At this time, the City Manager terminated the Plaintiff effective November 4, 1993, permanently ending her career employment with the city of Edgewater. 17. The Plaintiff's personnel record prior to August 27, 1993, was excellent. All of the reasons used by the Defendant to terminate her employment arose out of the report of the work -place environment problems to the State of Florida. Said termination was pretextual and done in retaliation against the Plaintiff for having reported the problems with her work -place environment to the State of Florida. 18. The city of Edgewater had not, at any time material hereto, ` established by ordinance or resolution, an administrative procedure for handling complaints pursuant to 112.3187, F.S., and the Plaintiff has satisfied all the requirements thereof. 4 WHEREFORE the Plaintiff prays for all relief described in 112.3187 (9), F.S., including: (a) reinstatement of the Plaintiff, MARY LOUISE MCDONALD, to the same position held before the adverse action against her as herein described; (b) reinstatement of full fringe benefits and seniority; (c) compensation for lost wages, benefits or other loss renumeration caused by the adverse action alleged herein; and (d) payment of reasonable cost, including attorney's fees. Further, the Plaintiffs demand a trial by jury on all issues in this Count. COUNT II - WRONGFUL DISCHARGE 19. The Plaintiffs reallege each and every allegation in paragraphs 1 through 5 above. 20. This is an action arising under Title 42, U.S.C., Sections 1983 and 1988, and pursuant to Article I, Section 9, of the Florida Constitution. 21. The Plaintiff, MARY LOUISE MCDONALD, at all times material hereto, was a peiiilanent employee of the Defendant City, had a constitutionally protected interest in her position, and the terms and conditions of her employment were controlled by a Collective Bargaining Agreement between the Defendant City and the Coastal Florida Public Employees Association, and to Chapter 447, F.S.. Said contract, in Article V thereof, provided for procedural due process for employees to be %ftr disciplined or terminated, recognized that the final decision for the Defendant City was made by the City Manager, and provided binding arbitration as a final step in procedural due process. 5 ' I 22. Prior to November 4, 1993, the Defendant, acting through its City Manager, attempted to unilaterally alter the due process procedures then in place, by instituting a "pre- termination hearing" procedure, ex- contractu. 23. On October 1, 1993, after being informed by two physicians, paid by the City's Workers' Compensation carrier, and treating the Plaintiff, MARY LOUISE MCDONALD, that she was suffering from exposure to the disease of Psitticosis and was unable to return to the work environment she was normally assigned to until the environment had been certified as clear of the Psitticosis virus, the Defendant City did, acting through its City Manager and other employees, intentionally create an irreconcilable conflict with said Plaintiff by giving her a direct order to return to the ,,environment which her physicians had previously warned her to stay away from. When the Plaintiff followed the advice of her physicians and refused to return to the contaminated environment, the Defendant City, acting through its City Manager and other employees, determined to terminate the Plaintiff's employment. 24. On or about October 13, 1993, the Defendant, acting through its Personnel Administrator, advised the Plaintiff, MARY LOUISE MCDONALD, that she was terminated effective October 22, 1993, unless she requested a pre - termination hearing. The Plaintiff requested said hearing on October 16, 1993. 25. On October 26, 1993, a "pre- termination hearing" was convened by the Defendant City acting through its City Manager, who presided over said hearing, determined what evidence would be taken, questioned witnesses and otherwise participated in said hearing, and then confirmed the predetermined termination of the Plaintiff effective November 4, 1993. 6 Thereafter, within the time provided under the procedural due process requirements of the Collective Bargaining Agreement, the Plaintiff demanded arbitration. On November 16, 1993, the Defendant refused to submit the Plaintiff's termination to arbitration or participate in said arbitration. -- 26. The Plaintiff's absolute right to procedural due process is guaranteed by the Fifth and Fourteenth Amendments to the United States Constitution, Article 1, Section 9, of the Florida Constitution, and the Collective Bargaining Agreement referred to above. That right was denied by the Defendant City in the procedure followed by the City Manager after he had been personally involved in creating the situation which led to the termination process. Said termination process was a sham, was invalid and 'taw without lawful authority, and did not provide an impartial, unbiased hearing to the Plaintiff. Further, the Plaintiff was not provided her right to arbitration as provided in the Collective Bargaining Agreement. 27. The Defendant's denial of the Plaintiff's right to procedural due process, as set forth above, was done intentionally and with reckless disregard to the Plaintiff's rights, and without foundation in fact or law. 28. Due to the Defendant's acts as outlined above, the Plaintiff, MARY LOUISE MCDONALD, has suffered and continues to suffer loss of wages and employment benefits, emotional anguish, loss of capacity to enjoy life, marital strain and humiliation. 29. The Plaintiff has retained the undersigned attorneys to prosecute this action and is entitled to be reasonably compensated for attorneys fees pursuant to Title 42, U.S.C., Section 1988, and F.S. 448.008. 7 WHEREFORE the Plaintiff prays for a judgment ordering reinstatement of the Plaintiff to her position with the Defendant City, "'"together with all back -pay, benefits and emoluments due thereto, together with compensatory, special and punitive damages. The Plaintiff further prays that this Court order the Defendant to pay the Plaintiff's cost and reasonable attorneys fees pursuant to Title 42, U.S.C., Section 1988. The Plaintiff demands a trial by jury. TINDELL, BECK & DAVIS 1, X11 J , ( Charles Tindell Florida Bar No.: 081464 406 North Wild Olive Avenue Daytona Beach, FL 32118 (904) 258 -1930 Attorney for the Plaintiff • err 8 r7 46 AGENDA REQUEST C.A. NO.: 96 -34 Date: February 27, 1996 PUBLIC HEARING RESOLUTION ORDINANCE OTHER CONSENT 3/4/96 BUSINESS CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: Retaining Foley & Lardner in Reference to S &E Contractors, Inc.v. City of Edgewater BACKGROUND: On February 27, 1996, the Mayor was served with the attached Complaint in which S &E Contractors, Inc. alleges that the City breached its contracts with S &E in reference to Phases II, III, and IV of the CIP. As the Council is aware, attorney John Horan of Foley & Lardner has been serving as City's legal consultant since January 1995 in reference to this construction claims matter. The firm's current hourly rate to the City for Mr. Horan or other partners in the firm is $150.00. The current hourly rate for associates is from $100.00 to $145.00 depending l on the experience of the attorney involved. I have been very satisfied with the firm's responsiveness and work quality to date. RECOMMENDATION /CONCLUSION: Now that suit has actually been filed, I recommend that the Council formally retain Mr. Horan's firm, Foley & Lardner in reference to this matter. FUNDS AVAILABLE: (ACCOUNT NUMBER) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO XX DATE: AGENDA ITEM NO. Respectfully submitted, Concurrence: • Kr 's a A. Storey George . McMahon v City Attorney City Manager KAS Attachment IN THE CIRCUIT /COUNTY COURT IN AND FOR VOLUSIA COUNTY, FLORIDA CASE NO. 96- 30465 -CICI JUDGE PATRICK G. KENNEDY S & E CONTRACTORS, INC., ETC. THE CITY OF EDGEWATER, FLORIDA -VS- Plaintiff(s), Defendant(s). \ SUMMONS ( y THE STATE OF FLORIDA: 2 TO EACH SHERIFF OF THE STATE: n'\ YOU ARE HEREBY COMMANDED to serve this summons and a copy of the complaint or petition in the above styled cause upon the defendant(s): THE CITY OF EDGEWATER, FLORIDA By Serving: Jack Hayman, Mayor 104 North Riverside Drive Edgewater, Florida 32132 Each defendant is hereby required to serve written defenses to said complaint or petition on plaintiff or plaintiffs attorney, whose name and address is: GEORGE E. SPOFFORD, IV, ESQUIRE P.O. Box 3333 Tampa, Florida 33601 -333 within 20 days after service of this summons upon that defendant exclusive of the day of service, and to file the original of said written defenses with the Clerk of Court at any of the three addresses listed on the reverse side of this summons either before service on plaintiff's attorney or immediately thereafter. If a defendant fails to do so, a default will be entered against that defendant for the relief demanded in the complaint or petition. Dated February 27, 1996 DIANE M. MATOUSEK CLERK OF CIRCUIT /COUNTY COURT - i ret l vmai sop By: J. O'Quinn cc plfs Deputy Clerk (seal) CL- 0224 -8412 IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT IN AND FOR VOLUSIA COUNTY, STATE OF FLORIDA CIVIL DIVISION S & E CONTRACTORS, INC., a Florida corporation, Plaintiff, v. Case No. THE CITY OF EDGEWATER, FLORIDA, Defendant. COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiff, S & E Contractors, Inc. ( "S &E "), sues Defen- dant, the City of Edgewater, Florida (the "City "), and alleges: PARTIES, JURISDICTION, AND VENUE 1. This is an action for damages that exceed $15,000, exclusive of interest and costs, arising from work performed under three written contracts between S &E and the City. 2. S &E is a Florida corporation engaged in the construc- tion industry in Florida. 3. The City is a municipality located in Volusia County, Florida. 4. The dispute, which is the subject of this lawsuit, arose out of three construction projects located in Volusia County, Florida. 5. All conditions precedent to bringing this action have occurred, have been excused, or have been waived. COUNT I (Breach of Contract, Phase II Project) 6. S &E repeats and realleges paragraphs 1 through 5 with the same force and effect as if set forth herein. 7. On about August 18, 1992, following a competitive public bid, S &E entered into a contract with the City to construct certain utility, drainage, roadway, and other infrastructure improvements on the project known as The Florida Shores Capital Improvements Project, Phase II (the "Phase II Project "). The construction work was to be performed in accordance with the Agreement, plans, specifications, and bid proposal (the "Contract Documents "). True copies of the Agreement, specifications, and bid proposal — between S &E and the City are attached as Exhibit A, and the Contract Documents are incorporated herein and made a part hereof pursuant to Rule 1.130, Florida Rules of Civil Procedure. 8. The Contract Documents provided all of the requirements for the Phase II Project and purported to describe all work that would be necessary for satisfactory completion of the Phase II Project. The City warranted that the Phase II Project could be successfully built in accordance with the design, plans, and specifications. S &E calculated Nor its bid in reliance on the accuracy of the Contract Documents for the Phase II Project. 9. During construction of the Phase II Project, S &E encountered construction difficulties and delays as a result -2- of the defective design, plans, and specifications and the City's improper administration of the work. toNew 10. S &E informed the City that the design, plans, and specifications for the Phase II Project were defective in that they were not suitable for the conditions encountered, warned of future problems that would potentially be encountered by the City, and notified the City that the extra costs incurred by S &E as a result of the defective plans and specifications would be to the City's account. 11. Among other solutions, S &E suggested that the City modify its design to provide a soil cement base, a stabilized subgrade, and /or a thicker layer of asphalt. The City rejected S &E suggestions and insisted that S &E construct Phase II Project in accordance with the original plans and specifications as set forth in the Contract Documents. 12. Pursuant to the City's directives, S &E performed extra work due to the inadequacies of the City's design plans, and specifications. As a result of the City's unsuitable design, plans, and specifications, S &E was forced to modify its planned method and sequence of work and to perform extensive extra work in an effort to achieve passing density, grade, and other test criteria. 13. Subsequent to S &E's substantial completion of the so '"' Phase II Project, the City demanded that S &E perform certain maintenance and repair work on the Phase II Project. S &E objected and requested compensation to perform the work. The City refused to pay S &E for the work, and refused to pay S &E -3- for work performed by S &E under a separate and distinct contract unless S &E performed the extra work on the Phase II N..w Project. S &E performed the work demanded by the City. The City nonetheless refused to pay S &E for the work, or to pay S &E for the work S &E performed on the separate contracts. 14. The City breached the contract by, among other things; failing to compensate S &E for extra work performed at the City's demand; violating its duty of good faith and fair dealing in the administration of the Phase II Project; failing to render timely decisions; delaying S &E's performance and interfering with S &E's work such that S &E's completion was extended beyond the originally allotted amount of time; Noe failing to grant warranted time extensions; representing to S &E that the Contract Documents were accurate and suitable for satisfactory construction of the Phase II Project; wrongfully rejecting S &E's work as defective; and wrongful invocation of the Contract Documents' warranty provisions. 15. As a direct result of the City's breaches of contract, S &E has incurred damages, including, but not limited to, extra costs for labor, materials, and equipment, extended job site and home office overhead, loss of productivity and efficiency, and loss 16. Article IX of the contracts entitles the prevailing slow party in this litigation to be awarded its attorneys' fees and costs. S &E has retained the undersigned law firm to represent it in this matter and has agreed and obligated itself to pay a reasonable fee for services rendered on its behalf. -4- WHEREFORE, S &E demands judgment against the City on this Count I for all unpaid contract sums, its damages to be proved at trial, interest, attorneys' fees, costs of this action, and such further relief as the Court deems proper. COUNT II (Breach of Contract, Phase III Project) 17. S &E repeats and realleges paragraphs 1 through 5 with the same force and effect as if set forth herein. 18. On about January 21, 1993, following a competitive public bid, S &E entered into a contract with the City to construct certain utility, drainage, roadway, and other infrastructure improvements on the project known as The Florida Shores Capital Improvements Project, Phase III (the Nome "Phase III Project "). The construction work was to be performed in accordance with the Agreement, plans, specifications, and bid proposal (the "Contract Documents "). True copies of the Agreement, specifications, and bid proposal between S &E and the City are attached as Exhibit B, and the Contract Documents are incorporated herein and made a part hereof pursuant to Rule 1.130, Florida Rules of Civil Procedure. 19. The Contract Documents provided all of the requirements for the Phase III Project and purported to describe all work that would be necessary for satisfactory completion of the Phase III Project. The City warranted that the Phase III Project could be built in accordance with the design, plans, and specifications. S &E calculated its bid in -5- reliance on the accuracy of the Contract Documents for the Phase III Project. 20. During construction of the Phase III Project, S &E encountered construction difficulties and delays as a result of the defective design, plans, and specifications and the City's improper administration of the work. 21. S &E informed the City that the design, plans, and specifications for the Phase III Project were defective in that they were not suitable for the conditions encountered, warned of future problems that would potentially be encountered by the City, and notified the City that the extra costs incurred by S &E as a result of the defective plans and specifications would be to the City's account. Nor 22. Among other solutions, S &E suggested that the City modify its design to provide a soil cement base, a stabilized subgrade, and /or a thicker layer of asphalt. The City rejected S &E suggestions and insisted that S &E construct the Phase III Project in accordance with the original plans and specifications as set forth in the Contract Documents. 23. Pursuant to the City's directives, S &E performed extra work due to the inadequacies of the City's design, plans, and specifications. As a result of the City's unsuitable design, plans, and specifications, S &E was forced star to modify its planned method and sequence of work and to perform extensive extra work in an effort to achieve passing density, grade, and other test criteria. -6- 24. Subsequent to S &E's substantial completion of the Phase III Project, the City demanded that S &E perform certain maintenance and repair work on the Phase III Project. S &E objected and requested compensation to perform the work. The City refused to pay S &E for the work, and refused to pay S &E for work performed by S &E under a separate and distinct contract unless S &E performed the extra work on the Phase III Project. S &E performed the work demanded by the City. The City nonetheless refused to pay S &E for the work, or to pay S &E for the work S &E performed on the separate contracts. 25. The City breached the contract by, among other things, refusing to release S &E's retainages; failing to compensate S &E for extra work performed at the City's demand; Niro- violating its duty of good faith and fair dealing in the administration of the Phase III Project; failing to render timely decisions; delaying S &E's performance and interfering with S &E's work such that S &E's completion was extended beyond the originally allotted amount of time; failing to grant warranted time extensions; assessing liquidated damages wrongfully; representing to S &E that the Contract Documents were accurate and suitable for satisfactory construction of the Phase III Project; wrongfully rejecting S &E's work as defective; and wrongful invocation of the Contract Documents' `ue warranty provisions. 26. As a direct result of the City's breaches of contract, S &E has incurred damages, including, but not limited to, extra costs for labor, materials, and equipment, extended -7- job site and home office overhead, loss of productivity and efficiency, and loss of profits. .,. 27. Article IX of the contracts entitles the prevailing party in this litigation to be awarded its attorneys' fees and costs. S &E has retained the undersigned law firm to represent it in this matter and has agreed and obligated itself to pay a reasonable fee for services rendered on its behalf. WHEREFORE, S &E demands judgment against the City on this Count II for all unpaid contract sums, its damages to be proved at trial at trial, interest, attorneys' fees, costs of this action, and such further relief as the Court deems proper. COUNT III `"r" Breach of Contract, Phase IV Project 28. S &E repeats and realleges paragraphs 1 through 5 with the same force and effect as if set forth herein. 29. On about March 10, 1993, following a competitive public bid, S &E entered into a 'contract with the City to construct certain utility, drainage, roadway, and other infrastructure improvements on the project known as The Florida Shores Capital Improvements Project, Phase IV (the "Phase IV Project "). The construction work was to be performed in accordance with the Agreement, plans, litar specifications, and bid proposal (the "Contract Documents "). True copies of the Agreement, specifications, and bid proposal between S &E and the City are attached as Exhibit C, and the Contract Documents are incorporated herein and made a part -8- hereof pursuant to Rule 1.130, Florida Rules of Civil Procedure. `41•0•• 30. The Contract Documents provided all of the requirements for the Phase IV Project and purported to describe all work that would be necessary for satisfactory completion of the Phase IV Project. The City warranted that the Phase IV Project could be built in accordance with the design, plans, and specifications. S &E calculated its bid in reliance on the accuracy of the Contract Documents for the Phase IV Project. 31. During construction of the Phase IV Project, S &E encountered construction difficulties and delays as a result of the defective design, plans, and specifications and the Nair City's improper administration of the work. 32. S &E informed the City that the design, plans, and specifications for the Phase IV Project were defective in that they were not suitable for the conditions encountered, warned of future problems that would potentially be encountered by the City, and notified the City that the extra costs incurred by S &E as a result of the defective plans and specifications would be to the City's account. 33. Among other solutions, S &E suggested that the City modify its design to provide a soil cement base, a stabilized subgrade, and /or a thicker layer of asphalt. The City rejected S &E suggestions and insisted that S &E construct the Phase IV Project in accordance with the original plans and specifications as set forth in the Contract Documents. -9- 34. Pursuant to the City's directives, S &E performed extra work due to the inadequacies of the City's design, *or' plans, and specifications. As a result of the City's If unsuitable design, plans, and specifications S &E was forced to modify its planned method and sequence of work and to perform extensive extra work in an effort to achieve passing density, grade, and other test criteria. 35. Subsequent to S &E's substantial completion of the Phase IV Project, the City demanded that S &E perform certain maintenance and repair work on the Phase IV Project. S &E objected and requested compensation to perform the work. The City refused to pay S &E for the work, and refused to pay S &E for work performed by S &E under a separate and distinct contract unless S &E performed the extra work on the Phase IV Project. S &E performed the work demanded by the City. The City nonetheless refused to pay S &E for the work, or to pay S &E for the work S &E performed on the separate contracts. -- - 36. The City breached the contract" by, among other things, refusing to release S &E's retainage; failing to compensate S &E for extra work performed at the City's demand; violating its duty of good faith and fair dealing in the administration of the Phase IV Project; failing to render timely decisions; delaying S &E's performance and interfering ror with S &E's work such that S &E's completion was extended beyond the originally allotted amount of time; failing to grant warranted time extensions; assessing liquidated damages wrongfully; g y; representing to S &E that the Contract Documents -10- r r were accurate and suitable for satisfactory construction of the Phase IV Project; wrongfully rejecting S &E's work as `'- defective; wrongful invocation of the Contract Documents' warranty provisions. 37. As a direct result of the City's breaches of contract, S &E has incurred damages, including, but not limited to, extra costs for labor, materials, and equipment, extended job site and home office overhead, loss of productivity and efficiency, and loss of profits. 38. Article IX of the contracts entitles the prevailing party in this litigation to be awarded its attorneys' fees and costs. S &E has retained the undersigned law firm to represent it in this matter and has agreed and obligated itself to pay a reasonable fee for services rendered on its behalf. WHEREFORE, S &E demands judgment against the City on this Count III for all unpaid contract sums, its damages to be proved at trial, interest, attorneys' fees, costs of this action, and such further relief as the Court deems proper. DEMAND FOR A JURY TRIAL S &E demands a jury trial on all issues so triabl- / - •e E• - ••� o d, IV F1•rid d • - N.. 3212 l GL RASMUS : m. & FOGARTY, P.A. P. O. Box Tampa, FL 33601 -3333 (813) 229 -3333 (813) 229 -5946 (fax) Attorneys for S &E Contractors, (gez.42) Inc. -11- � OGEW4T F , . 4 THE CITY OF EDGEWATER POST OFFICE BOX 100- EDGEWATER, FLORIDA 32132 -0100 ITA LIT Mayor Jack . ayman District 1 Councilman Danny K Hatfield City Manager George E McMahon ict 2 Councilwoman Louise A. Martin City Attorney Krista A. Storey 8 P4ri frict 3 Councilman Michael D. Hays City Clerk Susan J. Wadsworth District 4 Councilman David L Mitchum February 13, 1996 Mr. William H. Scovell, Chairman Volusia County Charter Review Commission 123 West Indiana Avenue DeLand, FL 32720 Dear Mr. Scovell: Our City Council members have expressed interest in the status of some of the topics being discussed by the Charter Review Commission. We would like to invite you to attend our City Council meeting on Monday, March 4, 1996, at 7:00 p.m. in the Edgewater Community Center for a brief update on these topics. We would ask that you focus on: the water partnership; growth management commission; and, the beach trust commission. Please call my office (424 -2404) at your earliest convenience to advise if you will be able to participate in our meeting. Sincerely, Georg . McMahon City Manager lsk cc: Mayor and City Council Now CITY MANAGER'S OFFICE 104 NORTH RIVERSIDE DRIVE (904)424 -2404 FAX - (304)424 -2409 FEB 7 4 istis o,12.1;L_ C5( 4i "L- 3 A-lei\ 6;-fics Oesza_ 4 d - ca. oial cIANati cei-J - UILV itAQ)021Z_ (LL ,4- y v.i2 A .t. -- tak&I, cr%-Li-t- fri/Lakij A **ftv, vt P P CITY of EDG . ATER no7 � VpIusia County POST OFFICE BOX 00 D FLORIDA 32132 (904) 424 Oefi F ;(904) 424 -2431 IS A . LAWRENCE'=F..SCHUMAKER 'fsJ CHIEF OF POLICE TO: George E. McMahon, City Manager FROM: Lawrence F. Schumaker, Chief of Police DATE: February 15,1996 SUBJECT: "HI TOPS LOUNGE" - Request to extend operating hours during Bike Week 1996 ( March 4 -10 ) 1. Please refer your routing form dated February 14,1996, concerning a request by Elizabeth Fenical owner of "HI -TOPS LOUNGE ", 319 North Ridgewood Ave. To extend the closing hours from 2:OOAM to 3 :OOAM during Bike Week `96, from March 4th thru the 10th. Now 2. Extending the closing hour to 3:OOAM for "HI -TOPS LOUNGE" would neutralize the enforcement of closing hours on all bars in the city. I am aware that neighboring cities have extended the operating hours of bars during Bike Week, and will most likely do so this year. But, I find no compelling public safety interest to extend the closing hours. 3. Council has approved this request over the past several years without any major impact on police operations. Now AGENDA REQUEST Date: 2/26/96 �..r PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS CONSENT AGENDA OTHER BUSINESS X ITEM DESCRIPTION /SUBJECT: Wastewater Treatment Plant - Reclaimed Water System Improvements BACKGROUND: Due to the existing reclaimed water storage tank being open- topped trash and debris frequently enter the reuse water and are pumped out into the system where they can foul sprinkler heads. In addition, the lack of cover allows sunlight to destroy chlorine residual which encourages algae growth in the tank. RECOMMENDATION /CONCLUSION: 1. I recommend the Edgewater City Council approve an amendment to the Hartman and Associates, Inc. contract to provide engineering services to design a cover for the reuse tank and to design chlorination feed and monitoring system improvements. 2. Declare the project to be impact fee eligible. Now FINANCIAL IMPACT: $30,504 FUNDS AVAILABLE: ACCOUNT NUMBER: Wastewater Impact Fees (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/A PRESENTED BY: Terry A. Wadsworth, Director of Utilities PREVIOUS AGENDA ITEM: YES NO X Date: Agenda Item No. Respectfully submitted: Concurrence: b ) ( 3,0t — n r \ 9 p, A e Terry A. Wa worth Georg1E. McMahon No , Director of Utilities City Manager TAW :mcd •H RTMAN & ASSOCIATIFS INC. nsSOCixrES r I ( hrt,tophr•r, I'I.. engineers, hydrogeologists, surveyors & management consultants Charh•. \Y P.C. William ll. Mu <ycr, r.e Gcr.ild C hl:m• +rm P F Scou C qu,nl„j P E Mark 1 L:�kc. r I. T,momc A. HaChuii. P fark .\ It, r,nmg E' L 1 f�` Marco 1i Rncca. C M.0 !r.h 1, February 23, 1996 HAI #94.276,00 John v' "op, P111 Mr_ Terry A_ Wadsworth Director of Utilities City of Edgewater P.O. Box 100 Edgewater, FL 32132 -0100 Subject: WWII' Reclaimed Water System Improvements Dear Terry: *fte. Hartman & Associates, Inc. is pleased to submit this amendment to our General Services Contract with the City dated September 19, 1994. Pursuant to the City's request, HAI has compiled the attached Scope of Services, project schedule, and proposed engineering fees to provide the necessary reclaimed water system improvements to maintain a chlorine residual within the City's reuse system_ Design activities include a cover for the existing reclaimed water holding tank and chemical feed equipment modifications. Provided in Exhibit A is the proposed scope of services for this project, which will consist of preliminary and final design, permitting, and services during bidding and construction. Exhibit B provides you with the overall project schedule. As noted in the project schedule, we believe the improvements can be permitted, designed, and on -line by the end of the year. Finally, provided in Exhibit C is the estimated cost of the project. Our total not -to- exceed cost for this project is 530,504.00. Please note that this cost does not include costs associated with sampling and testing of the tank, since there are no as -built drawings for this tank. There are a number of methods to determine the structural components and integrity, each with their own distinct advantages which we should discuss at a later time. *try • 201 EAST PINE STREET SUITE 1000 r ORLANDO, FL 32801 TELEPHONE (407) 839 -3955 • FAX 0407) 839 -3790 ORLANDO FORT MYERS IACKSQNVILLE TALLAHASSEE Mr. Terry A. Wadsworth Fein Limy 23, 1996 Page 2 .. Through the duration of this project, as with all the City of Edgewater projects, Y will be the principal in charge and be assisted by Mt. Troy E. Layton, E.I. If you have any questions regarding this proposal, please do not hesitate to call. Very truly yours, Hartman & Associates, Inc. „kA/41.011-q-' Harold E. Schmidt, Jr., P_E_ Vice President cc: Troy E. Layton, E.I., TEL/ns/P4 /wads.tel Nor • �lr.r ADDENDUM NUMBER 2 TO AGREEMENT DATED SEPTEMBER 19, 1994 BETWEEN HARTMAN AND ASSOCIATES, INC. AND THE 1,410" CITY OF EDGEWATER By Agreement made and entered into this day of 1996, by and between the City of Edgewater, Florida, hereinafter called the "City ", and Hartman and Associates, Inc., having its office at 201 East Pine Street, Suite 1000, Orlando, Florida 32801, hereinafter called "Consultant ". WITNESSETH The City and Consultant mutually agree to amend and add to that certain Agreement between the City and Consultant made and entered into on September 19, 1994, as set forth below: 1) The Consultant shall provide services as described in Exhibit A of Addendum Number 2 and in accordance with the Estimated Project Schedule described in Exhibit B of Addendum Number 2. 2) In consideration for the proposed scope of services, the City shall pay the Consultant in the manner established in Exhibit No" C of Addendum Number 2. 3) The parties acknowledge that all other terms, provisions and conditions of the aforesaid original Agreement and all additions thereto not amended or changed by the provisions of the Addendum are republished, ratified and reaffirmed by the parties hereto. IN WITNESS HEREOF the parties have made and executed this Addendum the day and year written above. HARTMAN & ASSOCIATES, INC. Witness James E. Christopher, P.E. Vice President Now Dated: Witness ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA '�..' By: Susan J. Wadsworth Jack H. Hayman, Sr. City Clerk Mayor APPROVED FOR FORM & CORRECTNESS: Dated: Krista A. Storey City Attorney ern • EXHIBIT A CITY OF EDGEWATER WASTEWATER REUSE SYSTEM IMPROVEMENT SCOPE OF SERVICES A. PROJECT OVERVIEW The City has been experiencing operational problems with the reclaimed water system in terms of debris/trash and high algae growth in the reclaimed water storage tank. Although these problems pose no potential health risk, they, however, result in end user operational issues that continually need attention. Recommended improvements to correct these problems include construction of the following facilities: 1. Cover the existing old 1- million gallon reclaimed storage tank. This work will involve the following: star a) Covering the tank with an aluminum geodesic dome. b) Blasting and coating the exterior of the tank with an acceptable material. c) Miscellaneous piping improvements. 2. Chloe ination feed and monitoring system improvements that include the following: Compound loop controller pace off of flow and chlorine residual. b) Chlorine residual analyzer reviewing signal from the reclaimed holding tank. c) Miscellaneous chemical piping modifications, valves and chlorine injectors. d) Electrical and instrumentation. 'fir► HES /ns/P4 /wads.ExA/94- 276.00 1 022396 B. PROJECT TASKS 1. Preliminary Design Report The preliminary engineering design report shall include the following specific items, and other items not listed below, in order that a complete engineering report covering all aspects of the project is prepared. Furthermore, the preliminary engineering design report will be utilized to support the Florida Department of Environmental Protection (FDEP) Construction Permit Application. a. Establish process parameters including, but not limited to, the reclaimed water system chlorination, structural requirements, reclaimed water demand requirements, etc. b. Develop preliminary WWTP improvements necessary for existing and future needs. c. Materials of construction_ 2. Final Design Phase The final design phase will consist of the preparation of engineering construction drawings and specifications (Bidding and Technical) for the reclaimed water system improvements recommended at the City's wastewater treatment plant (WWTP), and approved by the City of Edgewater in the preliminary design report_ The documents shall include, but not limited to the preparation of construction drawings and specifications covering: Nov a. Cover sheet, index and key map. b. Civil, Mechanical, Structural, Electrical and Instrumentation drawings and specifications for the reclaimed system improvements described in the Project Overview above. HES /ns/P4 /wads_ExA/94- 276.00 2 022396 Miscellaneous details for the reclaimed water system improvements_ d. Preparation of Bidding (e.g., contract agreement forms, general N '" conditions, supplementary conditions, bid forms and related documents), and Technical Specifications for the reclaimed water system improvements. e- Prepare final opinion of probable construction cost for the reclaimed water system improvements. f. Since there are no engineering drawings regarding this tank, we have not included any testing and sampling that may be required to determine the integrity, and rebar sizing and spacing for this tank, Furthermore, since there are a number of alternatives available to accomplish this, we will determine the appropriate method after inspection by the structural engineer. Now 3_ Permitting Phase Prepare and submit documentation and related applications for the FDEP and other required permits for the construction of the improvements to the reclaimed water system improvements. In addition, the Engineer shall prepare and submit responses to requests for additional information. All permit fees will be paid by the City. 4. Bidding Services Phase Release construction documents for competitive bidding, and prepare bid advertisement. The City shall arrange for publication in newspapers of choice. The Engineer shall issue Addenda, respond to bidder's questions, attend a pre -bid conference, attend bid opening, prepare bid tabulation, assist City in evaluation of bids and recommendation of award_ HES /nsIP4 /wads.ExA/94- 276.00 3 022396 5. Construction Services Phase The engineering services during construction will generally include the following work tasks: a. Preparation of final construction contracts for execution by the City and the Contractor. b. Visits to the site by the Engineer's representatives, as required, on approximately monthly intervals to observe the general trend and quality of work. Visits shall include substantial and final completion inspections. c. Review and approve shop drawings and submittals including equipment operation and maintenance manuals for conformance with the Contract Documents. d. Issue instructions from the City to the Contractor. e. Review and approve Contractor's pay requests. 6. Record Drawings Services Phase Prepare record drawings based on the Contractor's "marked -up" drawings. Submit one (1) set of blueprints and one (1) set of reproducible mylars to the City. Prepare and submit to .FDEP a certification of completion and request for water main clearance. HES /ns/P4 /wads_ExA/94- 276.00 4 022396 EXHIlirr P. ESTIMATED PROJECT SCHEDULE Execution of Engineering Services March 4, 1996 Completion of Preliminary Engineering Design Report March 29, 1996 City's review of Preliminary Engineering Design Report and Status Meeting April 4, 1996 Submission of FDEP Permit with Engineering Report April 12, 1996 Begin Detailed Design of Reclaimed Water System Improvements April 12, 1996 50% Completion of Construction Documents Submitted to the City for Review May 15, 1996 City's review of Construction Documents and Status Meeting May 17, 1996 95% Completion of Construction Documents Submitted to the City for Review May 31, 1996 City's review of Construction Documents and Status Meeting June 5, 1996 Noy Advertisement of Bids June 9, 1996 Receipt of Bid July 9, 1996 Review Bids and Recommend Award of Construction Contract July 12, 1996 Construction of Reclaimed Water System Impro Complete November 15, 1996 Submittal of Record Drawings November 29, 1996 lore TIE Sin s/P4i s ExB/94-276. 00 022396 _. . . . . . — , ...... . 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'1,41; ::.;!;,i: ........4-....= .:•:•;;.::: RZ es3 I i 1-'4 kl C ° 1 4 ; f Z4 tin ::.'M : . v) M . ,-,. ,,,,.?•<:., -A .. ,, . ...'i ,..:, . Ak. w m ..,..., 4 rA 4',4,i $k in , :03, .,.., E.' Cal )...■ ..ii,:!.:.: cl.) Ch a e 0 'ivl W5 CS 74 0 ›-i Di E.. G \ ■-4 ?:' • • s . En 21 c ozi 7..^. c , .... - .W — ;44 t 74 1 y't .5 co tm u 752 :, . 41' intl - 0 gy ca:1 E• E-4 .;.':::>,`. A 'or: E r...) un co .... ■:") ad i.4...M -w, 1 1 1 C•1 0 gt1 : :%, ca rl Tr De) 0 ' c -e„ ::'*::,.k ''''. -';:',`'.;'. 'R 1 • ' x E-t 0 It4 e ii V: ....,.. , t c.1E..,k,.,,, z ...t4 .ilk E- E.- E- ''''4'.i w 44 , .:g;:,1 :81/4, ••■ e--, ...... ■•'-', ,-.., :".:qA ''` , OP C..) al •T-i i , ' ' s :' g 8 g o --9, .c AGENDA REQUEST Date: February 27, 1996 iolay PUBLIC HEARINGS, ORDINANCES, AND RESOLUTIONS CONSENT AGENDA OTHER BUSINESS March 4, 1996 ITEM DESCRIPTION /SUBJECT: Interlocal Agreement - Unified Building Code BACKGROUND: In the fall of 1994 VCOG began work on a Unified Building Code. The first draft of the interlocal agreement proved to be very controversial because it included language that would have limited each local government's ability to interpret and administer its building codes and fire codes. After considerable discussion all references to fire codes were removed from the document and the language relating to administration had been w considerably altered. The intent of the agreement is to promote uniformity among the cities and Volusia County by eliminating differences in their adopted standard codes and amendments. The idea is to make it easier for contractors and subcontractors to work in multiple jurisdictions. By signing the agreement each local government is committing itself to adopt the unified codes with amendments. Each jurisdiction is also agreeing to refrain from adopting amendments that would conflict with the unified code. The agreement also sets up an advisory committee of representatives from each jurisdiction that will review the standard codes and recommend amendments. So far the agreement has been signed by Ormond Beach, Ponce Inlet, Port Orange, South Daytona, Daytona Beach, Volusia County and Holly Hill. Oak Hill and Daytona Beach Shores are in the process of adopting. Orange City has rejected the agreement. Pierson, Lake Helen, DeLand and New Smyrna are undecided. The City's Construction Regulation Board has reviewed the proposed agreement and 44l ""'` the unified code. They recommended adoption of both, but expressed a desire that staff work to eliminate amendments to the standard codes. If the Council adopts the agreement, staff will soon bring forward an ordinance that will amend the City's land development code to incorporate the language contained in the unified code referenced in the agreement. RECOMMENDATION /CONCLUSION: Staff recommends that the Council consider approving the interlocal agreement. Staff also suggests that the Council consider appointing our Building Official, Bob Dunn, as the City's representative to the committee. FINANCIAL IMPACT: Not Applicable FUNDS AVAILABLE: Account Number: Not Applicable (Specify If Budget Amendment Is Required) PRESENTED BY: Mark P. Karet, Director of Community Development PREVIOUS AGENDA ITEM: YES NO XX Date: Agenda Item No. Respectfully submitted: Concurrence: . Mark P. Karet Geor./ McMahon Director of Community Development City anager 4,1.4t/4-, . Krista A. Storey City Attorney c:\wpwinlbuilding.req 1r INTERLOCAL AGREEMENT To provide for uniform construction codes for Volusia County. THIS AGREEMENT, made and entered among the City of DeBary, a Nifty Florida municipal corporation; City of DeLand, a Florida municipal corporation; City of Deltona, a Florida municipal corporation; City of Daytona Beach Shores, a Florida municipal corporation; City of Daytona Beach, a Florida municipal corporation; City of Edgewater, a Florida municipal corporation; City of Holly Hill, a Florida municipal corporation; City of Lake Helen, a Florida municipal corporation; City of New Smyrna Beach, a Florida municipal corporation; City of Oak Hill, a Florida municipal corporation; City of Orange City, a Florida municipal corporation; City of Ormond Beach, a Florida municipal corporation; City of Pierson, a i tilw Florida municipal corporation; City of Port Orange, a Florida municipal corporation; City of South Daytona,'a Florida municipal corporation; Town of Ponce Inlet, a Florida municipal corporation; and County of Volusia, a political subdivision of the State of Florida; all of whom are collectively hereinafter referred to as Members. WITNESSETH: WHEREAS, the Members are authorized pursuant to the Florida Interlocal Cooperation Act of 1969 (Sec. 163.01, Florida Statutes) to cooperate with other localities on a basis of mutual advantage; _r► and _ WHEREAS, the Members wish to set forth certain agreements among themselves respecting the creation of a unified building code; and • WHEREAS, it is the purpose and intent of this Interlocal Agreement to create a structured approach to the formulation and adoption of standardized construction codes in order to make the most efficient use of resources, authorities and capabilities and to promote economic development through the abolishment of jurisdictionally different building construction standards; and WHEREAS, Volusia County and every municipality are authorized to adopt and amend building, plumbing, electrical, mechanical, swimming pool, and gas codes pursuant to the laws of Florida; and WHEREAS, entering into this Interlocal Agreement is in the best interest of the citizens of Volusia County as it will benefit the health, safety and welfare of said citizens. NOW, THEREFORE, in consideration of the premises, mutual 4 4.0 covenants, provisions and representations contained herein, the parties hereto agree as follows: ARTICLE I. STATEMENT OF PURPOSE The purpose of this Interlocal Agreement is to establish a system for the adoption of uniform building codes within Volusia County, Florida. ARTICLE II. DURATION AND MODIFICATIONS This Interlocal Agreement shall become effective upon being filed with the Clerk of the Circuit Court of Volusia County, Florida. This Interlocal Agreement shall remain in effect for six Now years and shall be automatically renewed for successive six (6) year periods unless a majority of the Members hereto notifies the other Members in writing, more than thirty (30) days before each 2 six (6) year anniversary, of their wish to terminate this Interlocal Agreement. This Interlocal Agreement may be amended by mutual written low agreement of the Members. Any amendments to this Interlocal Agreement shall be effective upon being filed with the Clerk of the Circuit Court of Volusia County, Florida. Any Member may terminate as a party to this Interlocal Agreement upon written notice by first class mail to the other Members and the Volusia Council of Governments. . ARTICLE III. DUTIES A. The Unified Building Code Committee is hereby created consisting of one (1) representative appointed by the governing body of each Member and shall meet as required to 'ir formulate model codes and local amendments thereto. The Unified Building Code Committee is an advisory body and has no enforcement authority and no power to enact rules or regulations affecting Member jurisdictions. B. The Unified Building Code Committee shall coordinate this review with every permitting agency in Volusia County, trade associations, Volusia Council of Governments, and any other interested parties. C. Review of the Southern Building Code Congress Building, Plumbing, Mechanical, Gas and Swimming Pool Codes and National r Electrical Code before adoption by each Member shall be conducted by the Unified Building Code Committee. The fire codes and life safety codes are excluded from consideration by 3 the Unified Building Code Committee. D. Each Member shall consider for adoption the uniform codes proposed by the Committee. Nur E. Except as otherwise provided in this agreement for amendments or in any land use, zoning or land development codes, ordinances, resolutions, rules or regulations of any Members, the uniform codes shall be exclusively controlling in the construction of all buildings and structures within each Member's jurisdiction and no Member may adopt any amendments, ordinances, rules or regulations for the construction, alteration, demolition, equipment, occupancy, or location of buildings and structures that conflict with the uniform codes as amended. The Unified Building Code Committee, in an Now advisory capacity, may determine conflicts. F. The governing body of each Member reserves all power and authority granted under charter or state law. The Unified Building Code Committee may review local interpretations and provide advisory opinions; however, formal appeals of specific local government decisions shall be handled exclusively by the authorized Board of Adjustment and Appeals or other appeals or review board with jurisdiction over building related codes in each jurisdiction. The governing body of each Member may adopt amendments to the codes that are necessary as a Imr condition precedent to any federal or state sponsored programs and may adopt amendments to the administrative chapter of all standard codes. 4 • G. Administration and enforcement of the uniform codes shall be performed by the county, the municipalities in Volusia County, or the authorized designees of either, within their respective lorry jurisdictions. H. Nothing in this part limits the power of Members to regulate the quality and character of work performed by contractors through a system of permits, fees and inspections designed to secure compliance with state and local building laws or to enforce other laws for the protection of the public health and safety. IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed in their names by their proper officers and their seals to be affixed, attested by their clerks, the day and *two year below written. CITY OF DEBARY, a Florida municipal corporation Attest: By City Clerk Mayor Date: CITY OF DELAND, a Florida municipal corporation Attest: By City Clerk Mayor Date: '`✓ - 5 CITY OF DELTONA, a Florida municipal corporation • • Attest: B • stow City Clerk Mayor Date: CITY OF DAYTONA BEACH SHORES, a Florida municipal corporation Attest: By City Clerk Mayor Date: CITY OF DAYTONA BEACH, a Florida municipal corporation Attest: By City Clerk Mayor Date: CITY OF EDGEWATER, a Florida municipal corporation Attest: By _ City Clerk Mayor Date: CITY OF HOLLY HILL, a Florida municipal corporation Attest: By City Clerk Mayor Now - Date: 6 CITY OF LAKE HELEN, a Florida municipal corporation Attest: By: City Clerk Mayor Date: CITY OF NEW SMYRNA BEACH, a Florida municipal corporation Attest: By: City Clerk Mayor Date: CITY OF OAK HILL, a Florida municipal corporation Attest: By: City Clerk Mayor Now Date: CITY OF ORANGE CITY, a Florida municipal corporation Attest: - By: City Clerk Mayor Date: CITY OF ORMOND BEACH, a Florida municipal corporation Attest: By: City Clerk Mayor Date: 7 CITY OF PIERSON, a Florida municipal corporation Attest: By: City Clerk Mayor Date: CITY OF PORT ORANGE, a Florida municipal corporation Attest: 4 / By: /4. C ty Clerk M or Date : 12_ l qs CITY OF SOUTH DAYTONA, a Florida municipal corporation Attest: By: Same City Clerk Mayor Date: TOWN OF PONCE INLET, a Florida municipal corporation Attest:- By: City Clerk Mayor Date: COUNTY OF VOLUSIA, •a political subdivision of the State of Florida Attest: By: fir County Manager Chairman Date: 8 r / • i Prepared by: Unified Code Committee Volusia County, Florida UNIFIED BUILDING CODE COMMITTEE PROPOSAL The Uniform Construction Code is composed of the following model codes and local amendments. Standard Building Code, 1994 Edition including appendices A, D & H with local amendments. (Exhibit #1) Standard Plumbing Code, 1994 Edition including appendices A, B, C, D, E, F, G, I, and J. Standard Mechanical Code, 1994 Edition including appendices A and C. Standard Gas Code, 1994 Edition, including appendices A, D and E. Standard Fire Prevention Code, 1994 Edition. National Fire Codes, 1994 Edition. (excluding NFPA #1 & 1500) Standard Swimming Pool Code, 1994 Edition with local amendments (Exhibit #2) `, NFPA 70 (NEC), 1993 Edition with local amendments (Exhibit #3) All of these regulations are minimum construction standards that local govemments are required to enforce pursuant to Florida Statute Chapters 553. 73 and 633.025, with the exception of the swimming pool code. The Unified Code Committee recommends adoption of the latest model pool code primarily because of the barrier provisions that address accidental drowning by young children. By adopting the Uniform Construction Code, jurisdictions will be required to abolish existing regulations in conflict with these uniform standards and will be prohibited from adopting at a later date other codes conflicting with the Uniform Codes. Revisions to the Uniform Construction Code should be done collectively by all participating agencies. Jurisdictions may adopt differing administrative procedures and fee schedules without there being a conflict with these uniform construction standards. Benefit Analysis: '01w Advantages Advantages - Elimination of juridsictional differences will facilitate development activity and improve customer relations. Disadvantage - None Cost - None UNiFtED 130.,.Dl G CODE COMM C E EE PROPOSAL EXHIBIT #1 STANDARD BUILDING CODE, 1994 EDITION, WITH APPENDICES A, D & H, AND LOCAL AMENDMENTS. ADD NEW SE ` - IONS. LOCAL AMENDMENT Sectihn_,18Q4.4.3 - Footings - The minimum size of any footing supporting the walls or masonry units of one story, one and two family dwellings and their accessory and appurtenant structures shall be as follows, unless otherwise designed by a Florida registered architect or engineer: a. Spread footing (perimeter and interior) - Fight (8) inches thick, twenty (20) inches wide and shall be reinforced with a minimum of two (2) No. 5 steel reinforced bars for one story construction. Twelve (12) inches thick and twenty four (24) inches wide with a minimum of three (3) No. 5 reinforcing bars for two story construction, so positioned that the thickness of the concrete protecting the steel reinforcing shall be three (3) inches from the bottom and sides. b. Monolithic slabs - Sixteen (16) inch minimum depth and twelve (12) inch minirrium width, measured at the bottom, with two (2) No. 5 reinforcing bars for one story and twenty (20) inch minimum width, measured at the bottom, with a minimum of three (3) No. 5 reinforcing bars for two story, construction tapered to a forty-five degree (45) angle, with the reinforcing bar placed on the bottom with a three (3) inch protection. 1. Wood frame construction - Twenty (20) inches minimum depth and twelve (12) inch minimum width, measured at the bottom, with two No. 5 reinforcing bars for one story, and twenty (20) inches wide measured at the bottom, for two story with two (2) No. 5 reinforcing bars. Section 1901.2.1 - Thicken Edge - A minimum thicken edge of eight (8) inch depth and eight (8) inch width, with one (1) No. 3 continuous shall be provided for all ground slabs that have no other type of footing required, excluding sidewalks, driveways and entrance stoops. - Temporary Stages and Platform - Stage and platform structures erected for less than thirty (30) days are considered to be temporary. Temporary stages and platforms less than four (4) feet above grade, less than 700 square feet in surface area and not intended for use by the general public may be constructed of any material and erected without a building permii_ AN other temporary stage and platform structures shall be professionally designed in accordance. with SBC Chapters 10 and 16 and other applic.:able codes. Permits shall be issued either to qualified contractors or ownon-builders with c professional certification in accordance wTh SBC 104.62. Se-ellen ;:3204.n.1 Clearance - Fixed awnings constructed of metal framing and a textile covering may be erected to within seven (7) feet in the clear between the lowest point of projection and the sidewalk immediately below. The awning shall not extend or occupy more than two thirds (2/3) the width of tho sidewalk as measured from the building. 5ection 16QL5.1 - Non-Habitable accessory structures, for group i .2 and of 120 square feet or less, shall be deemed in compliance of Section 1603 by submitting plans utilizing accepted principles of good engineering practices. • *or•- • T.IriED BAKDING CO M M!TIEF PROPOSAI, EKEBIT STANDARD SWIMM!NG POOL CODE, 199 AND LOCAL /- S: AP D._N EV! LQU.LAMFNDIVIL!*T.7; - Permits Required - No swimming pool alteration or rep,ir work shall ho commenced until a porn shall fits have been obt3ined from the Administrative Authority. Exceptions may be 9::.int:fel for certain repair wok to licensed pool contracievs when pre-arranger:it3nts have been made to the satisfaction of the Administrative Authority. $eto1O1 - Pressure 'lest - All pool pip; : j shall ho and approvd before being cove; ed or concealed. it shall be tested acri: ovcd light to the satisfaction of the Adrnitiistrative Authc), tilder stale viatc or a;r pressure test cd o not less than 15 psi for 11 o clumti.Dn of the job. *40610 Nitiv EXHIBIT 3 ELECTRICAL CODE NEPA\ 70 (NEC), '1993 Edition, with local amendments No' Modify to: 1 0'F: Definitions: a. Chapter 439 Part ll Florida Statutes b. The terrn "Electrical Construction" as used in this Ordinance shall include and govern all work and materials used in installing, maintaining, and extending a sy:.t rn of electrical wiring for light, heat, power or advertising and all appurtenances thereto and ail apparatus or equipment us ad in connection therewith, inside or attached to any building or stru :tore, lot or premises; r ..)vided, however, none of the provisions of this Ordinance ::shall apply to the replacement of lamps or the connection of portable devices to suitable receptacles which have been permanently in._ ;tailed. c. All wiring on private property shall be inspected, fees charged and approved by the electrical inspector. This shall apply to work installed by utilities or others. d. The term Fk4:_tster Electnci4 n as used in the Ordinance shall be held to rnean person who possesses knowledge to plan, lay out, and supervise the installation of electrical wiring, apparatus or equipment for light, heat, pr v r er advertising as covs ed .7,;/ ,e terms and provisions of this Ordinanc and vn'h po a •°' r• ., to t f based upon e r. t r io the ,1-11-1. t certificate �� competency as .��'..i. ;I 7tisu�..Cf E,I .on �3. �:)a�,_.I C �5t _ u i tc. 7.t-d. Blvt ;Fi and and / \ss'ociates Electrical Examination or State Certified Ear deal Contiaetors e, The tenn Specialty Electrical Contractor. Electrical Contractor _ used in ilia Ordinance shall be held to mean a person who possess. the necessary qualifications and possesses a Certified Specialty Eloctrical Contractor for L..icerrso, The 'term Journeyman �a ectricas used in Uric Ordinance , h. `i 1 } held mean Electrician att! a pe boss who possesses the necesstiry ;iiialii ica ion, 'etc i :ng and technical knowledge to install electrical wiring, apparatus or equipment: for light, heat, r . pc)wer or '.dver r°_ >ing as covered red by the terms and provisions of this Ordinance, under the . ;liar. :, - vision of a licensed Master Electrician, euti d .., o posscisses ce ice f competency s .:� a h a ! u+ . r ^ H.H. I Nock c I.lkt rc.%tc% of l�3 ..is..If, �C+ r��ic! upon 1n Ci passing k.Ir..t_.,. . � r�.. J t -i. and Associates Electrician Examination. 2/27/95 Page EXHIBIT ; ELECTRICAL CODE , g. No Master Electrician shall employ any person on any job in the capacity of an electrician without such person being in possession of e. Ceflificate of Competency as provided for in Er 101.1 (c, d & e), provided That nothino in o. this Ordinance shall be held to prohibit the working of helpers or apprentices on any job of electrical construction if the work of such helpers and app :intices is performed under the continuous persona supervision of the Master/Journeyman Electrician. The combined total of helpers or apprentices supervised by a Master/Journeyman Electrician under this Section shall not exceed three (3) p....:r Master/Journeyman Electrician on any one job of electrical construction. h. Tli:. term Electrical Inspector as used in this Ordinance shell be held to mean such person(s) designated by the Chief Building Official. i. The term maintenance when referring to lighting fixtur.:; shell pertain to the replacement or repair of defective or damaged pails;- or parts that are on a replacement schedule. Any of the above, parts eriall not alter the orioinal electrical characteristic:3 of the fixture as intended by the manufacturer. This work shall not require an electrical perrnit. Now j. (in other than One and Two Family Dwellings): The term retrofit when referring to lighting fixtures shall pertain to the replacement o lamps, balk,:i.st's, or sockets of a type differing in electrical characteristics from the original l, ballast's, or sockets. The addition of reflectors to fixtures shall also be included in this definition. Any retrofit parts must comply with Section 101.3 ([1 gh 9) of this Ordinance. This work will require an electrieal permit and shall be. perfom by a licensed electrician, '101.2 Additions afrid Deletions The following portions of the National Electrical Code sha.111:::o de:ft:led or altered, Deiete Section 230 exception #1 , replace with the following: Buildings of multiple occupancy shall be permitted to have twe) to six separate sets of service-cntranoT. conductors whlch are tapped from one servicc:: drop or lateral Delete exception 41 and 42 to Section 6$0-8. *so Deletc:..: Section $60-20 and replace with the follov,ring: a. General. P (a) through (d) of this section apply to all lightinj fli:.....:ture installed on the norrnal water level of the pool. NI lightinzi fix:tures shall bre installed for operation at *i 5 volts or less. 2/27/95 Page 2 EXHIBIT #3 ELECTRICAL CODE Delete Section 680-20A-1 and replace with the following: 1. The design of an underwater lighting fixture supplied by way of a transformer meeting the requirements of Section 680-5(a) shall be such that, when the fixture is properly installed without a ground-fauft crc it interrupter, there is no shock hazard with any likely combination of fault conditions during normal use. (not relarnping). Delete Section 680-20A-2 and replace with the following: Other equipment within 10' of the water's edge shall be connected to an equipment grounding conductor sized in accordance with Table 250-95, but not smaller than No. 12. It shall be an insulated copper conductor and shall be installed with the circuit conductors in rigid metal conduit intermediate metal conduit, E, metallic tubing, or rigid non-metallic conduit. Delete exception #3 to Section 68025(c). nelete #1A to Section 331-3. Delete Section 305.6 (b). Now 101,3A Service Requirements: 1. A minimum of 150 amp, 3-wire service shall be provided for in all new sinnie family dwellings. A minimum of 100 amp, 3-wire service shall be provided for each new unit of a multi-family building. Each single family dwelling shall be provideci with a maxirnym of one utility meter. Mobile home services shall be as per name plate or a minimum of 100 amps whichever is the larger. 2. Id service wires supplying current for light, heat, power or advcitising to any building within the Unified Electrical Ordinance, for overhead connection, shall be installed in rigid metal conduit, intermediate metal conc.ftrit or polyvinyl chloride (P.V.C.) Schedule.: 40 from the service hoad o the senvice equipment, **ow 3. Service heads through the roof shall be in rigid metal conciut. The minimum size is 2" rigid metal conduit. SOPliCe ; throu0 thc roof that exceed 3 feet shall have the necessary supports by br, or guys. 2127195 Page 3 - EXHIBIT 413 ELECTRICAL CODE • 4. For underground seivices, wires may be installed in rigid metal conduit or polyvinyl chloride (P.V.C.) Schedule 40 shall be Liuried to a depth of twenty- four (24) inches, and where emerging from the ground shall comply with Section 300-5(d). 5. All commercial buildings where the main disconnect(s) are located inside shall have a shunt trip control installed outside or inside at the entrance to the building. 101.3F3 Temporary Power: 1. The Building Official may permit temporary connecting of any system of wiring, either during the course of construction or for temporary light, heat, power or advertising, provided that no temporary connection shall be for a period of time over thirty (30) days or such time as shall be specified in writing by the E3uilding Official. Construction power shall be a minimum of 70 amps 220 volts and shall provide 1-50 amp 3 wire 200 volt single phase receptacle and 1-15 amp 100 volt 3-wire receptacle. These receptacles shall have separate and proper overload protection. 2. The Building Official rnay give special permission to connect and furnish electric, current to any wiring, apparatus, or fixtures for a period of not exceeding thirty (30) days, if, in his opinion, such wiring, apparatus or fixtures are in such condition that current may be safely connected herewith, and there exists an urgent necessity for such use. 3. The Building Official may issue special permits for the instakItion and use of temporary wiring andlor equisment as permitted by of this Ordinance • provided, that the use of such temporary wiring andior equipment sh be limited to a period of not more than thirty (30) days after date of permit. 4. if reasonable necessity is established for an extension of time in the use of such temporary wiring and/or equipment the permit for such use may be f. by the Buildir! Official for additional period of thirty (30) days from its original date of expLation but permission for the use of such temporary installation shall in no case be extended for a grcatcr petiod of tirft.=3 than ninety (90) days after the date of issue of the original permits. Now 2/2705 Page 4 EXHIBIT $13 ELECTRICAL CODE 101.3C Electrical Design: 1. All electrical services connected to power company supply sources with a saw capacity in excess of 100 amps up to 800 amps commercial or Industrial shall be designed by a Florida State Certified or Registered Master Electrician or a Florida State Registered Electrical Engineer or a Board Certified Registered Architect. Plans by a Master Electrician must bear their State Number and their signature. Plans drawn by a professional designer must bear the seal and signature of the Engineer or Architect. 2. All Electrical Service connected to power company supply source with a capacity in excess of 200 amps up to 600 amps residential shall be designed by a Florida State Certified or Registered Master Electrician or a Florida State Registered Eleatrical Engineer or a Board Certified Registered Architect. Plans by a Master Electrician must bear their state number and theft signature. Plans drawn by a professional designer must bear the seal anci signature of the Engineer or Architect. 3. All electrical plans exceeding 600 amps Residential and 800 amps Commercial or Industrial must be designed and signed and sealed by a Honda State Registered Engineer. (Chapter 471, Florida Statutes) 101.4. Exit & Emergency lights: The following methods shall be used when installing exit and ernorgency lights when required: OCCUPANCILS REQUIRING NON-EMERGENCY EXIT I IGHT!1\irs; Egress Fixture Exit. Sign L- To circuit breaker *kw Switch Page 5 • EXHIBIT #3 ELECTRICAL CODE OCCUPANCIES REQUIRING DUAL SOURCE EXIT AND EMERGENCY LIG'r UTILIZING BA 1 1 ERY PACK TYPE FIXTURES One circuit only in egress area: Exit Sign Emergency Egress Normal Egress Fixture Fixture --- xr,1 "IfV --,::.-..',-.\ it4:1;'-•„11,;-',;,- ,a1..,,,.% A'''',7,',.:::'„,-;51:;:;,\ To circuit A411 lk:FeD":::::,;\ 1 ' : l '': Z' i..:. ' '' .. Y. .?:0 I 1:': ''' '''' ' ''''''' ''''' 7 ' . ', ' 'Y'fi r; ;:, • .....-.1 ,.i'/. '':',i7, 17,'''' with ''.4 lock o ''!-..---:-,:-,,'::)" ‘4.4- '1 •, f .1.0' n 4 ; 1 4tLy.A , : ,-, device Battery Pack Battery Pack Switch 1 7 OCCUPANCIES REQUIRING A CENTRAL SYSTEM M L. P. Normal Egress Fixture [7;7Z-.71 7". :771 V: ';'.1s$• : 1:44-.4.,.. . , ..1 - - ' - - --------' ,,,,,i,koft;!,, — -- --- --- --- - - - Vfiit,-; ,-',. 1 A 1 1 Tran: fer Switch Exit Sign Emergency E Egi Fixture . .. • , -,:_,,,:' A ,---- - , ,• , , -,,A.:_,-,,,,,..i.t.,,,„:::, ----J l• :', I) , z 1 4;:-5,,,V, 4,1: J r;i4 -- ----- --- - , . , ., Sew, Emergency Source „...,,.,,,„., ,,, `,".. ;.''' 2/27/95 Page 6 EXHIBIT #3 ELECTRICAL CODE More than one circuit in egress or egress fixtures switched from circuit breaker. Install battery pack exit and emergency egress fixtures on any circuit supplying normal egress lighting in the area requiring emergency lighting. Install a switch after the circuit breaker No and install lock-on device circuit breaker. L. P. Normal Egress Fixture it k '7,4-! Switch Ilrneraency Egress Exit Sign Fixture Ak A Battery Battery Pack Pack Nomo, 101.5 Materials & Conductors: 1. No electrical materials, devices or appliances designed for attachment to, or installed on, any electrical circuit or system, for light, heat, power or advertising, shall be installed, used, sold or offered for sale for uo in the Unified Flectrinal Ordinance, unless they are in confom ly with approved methods of construction for safety to life and property. 2. Conformity of electrical materials, devices or appliances with standards of Underwriters' Laboratories, Inc. or with other standards approved by the American Standards Association, shall be prima facie evidence that such electricel materials, devices or appliances comply with the requirements of this Ordinance. The maker's name, trademark or other identification symbol shall be placed on all electrical materials, devices or appFances sold, installed or used under the provisions of this Ordinance, together with such other markings giving voltage, current, wattage, or other appropriate ratings as are prescribed in the National Electrical Code; or as may be necessary 'lobe to determine the character of the material, device or equipinent and the use for which it is intended. 2/27/95 Page 7 • EXHIBIT 43 ELECTRICAL CODE 3. All buildings other than one or two family residences shall be wired with rigid conduit or metal molding, P.V.C., electrical metallic tubing, NC cable and M/C cable, or other approved wiring systems which provide a raceway for conductors. All conduit or other approved wiring systems shall contain *row an equipment grounding conductor. 4. The use of Type A/C cable and M/C cable shall be allowed in accessible areas only. 5. Approved direct burial cable may be used on single family residential property only. 6. All conduit installed below grade or in direct contact with the earth, will be rigid metal conduit or approved rigid non-metallic. 7. Aluminum cable and wire shall not be used except sizes No. 1 and larger. All aluminum conductor terminations shall have approved inhibitor used. 8. Cords on any portable equipment or appliance shall not be greater than six (6) feet in length and shall not be fastened down in any way. Multi-tap adanters and extension cords shall not be used as a substitute for pemianently installed outlets to supply electrical devices of a non-tempoiary nature. 9. Power strips for movable shelves or display areas shall be permitted if they are a manufactured U.L. Listed assembly with a maximum 6 ft. cord and rated for the circuit ampacity 10. Temporary power taps with surge protection, for computers, data processing equipment, etc., which requires surge protection shall be permitted. Temporary power taps with thermal or ova urrent protection shall be permitted for Secretary desk, typewriters, etc. These permitted uses will be up to the discretion of the Electrical Inspe 11. All F3ell transformers must be located at the panel or readily accessible plar:•: no transformers may be installecf in clothes closets or attic spaces. 12. Swimming pool equipment rooms shall be wired in P.V.C., plastic coated 'tor rigir! metal conduit; or cher material (not plain galvanized or sheradized conduit) suitable for the chlorine atmosphere. • 2127/95 Page. 8 EXHIBIT #3 ELECTRICAL CODE 13. Electrically powered equipment, i.e., pumps, transformers, motor driven fans, A.C. compressors or air handlers, etc., shall not be located within 10 feet of the inside walls of swimming pools. Upon instru stions of the Electrical Inspector, equipment of this nature may require fixed, perrnanent enclosures to insure against the hazards of shock andj'or electrocution. 14. Disconnect switches for electrical equipment shall be located on or adjacent to the unit. 15. When equipment is located outside of the building, the disconnect switch shall be dead front type or non -dead front if means of securing cover from access by unqualified persons is provided. 16. Nonmetallic sheathed cable and underground feeder and branch circuit cables shall be protected by approved raceway or other approved materials to a height of8feet. 17. Spas, hot -tubs, and hydromassage tubs shall have the necessary ventilation for the motor. The motor shall be accessible thr ugh a vent door or removable panel of adequate size for removal or working on the motor. 18. Panels - All panels shall have one (1) double pole spare space. Access to the panel for utilization of these spaces shall be provided by one (1) inch or larger empty raceway to an accessible area. 19. Dwelling and kitchen wiring methods: a. fvlaximum number of outlets per circuits on residential buildings, (shall be) ten (10) outlets on a 15 amp circuit or thirteen (13) on a 20 amp circuit. b. Every kitchen shall have a minimum of two (2) appliance circuits ;in a maximum of two (2) duplex receptacles per circuit. c. Dishwasher, refrigerator, microwave and all water pump systems shall be on a separate circuits. Note: except garbage `isposal which may be included on the small appliance circuits, except on (b) above. *taw 20. A separate sign circuit shall be installed in all store or public buildings, either new or remodeled. A disconnect, safety switch or circuit breaker shall be located in the line to the sign at the sign location and be weatherproof if exposed to the weather. 2127/95 Page 9 • EXHIBIT #3 ELECTP.ICAL CODE 21. Drain holes shall be provided in metal transformer boxes, and when exposed to the weather the boxes shall be reamed or otherwise trimmed to remove burrs on rims that would hold water in the enclosure. If mounted on the roof, the transformer enclosure shall be elevated at least two (2) inches above the roof. Wood shall not be used to mount or elevate the transformer enclosure. The transformer shall be rigidly fastened to the metal enclosure. 22. All Neon signs must have a ground which is common (by copper conductor) with the ground of the supplying system. 101.7 Requirements for existing Rooming and Dwelling Units: 1. Definitions: Rooming Unit - shall mean any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes. Dwelling Unit - shal! mean a single unit providi;'g complete, independent living facilities for one or more pe;eons including permanent provisions for living, sleeping, eating, cocking and sanitation. 2. Minimum Standards for Basic Electric Facilities: a. Every dwelling shall be wired for electric lights and convenience receptacles in accordance with the Basic Minimum Electrical Facilities Table in this Section. Every habitable room of such dwelling shall contain at least two separate floor wall type electrical convenience outlets.. In every kitchen, bathroom, bedroom, laundry room, furnace room, corridor, hallway and porch shall contain at least one (1) ceiling fixture or switched wall outlet. Every such outlet and fixture shall be properly installed, shall be maintained in good and safe working condition, and shall be connected to a source of electric power in a safe manner. Ground -fault circuit interrupter protection for existing outlets shall not be required in existing single family residences which are Owner occupied. `err 2127/95 Page 10 • EXHIIf #3 ELECTRICAL CODE BASIC MINIMUM ELECTRICAL FACILITIES TABLE Floor or Wall Ceiling Fixture Wall Type Electric or Switched Switch Convenience Wall Outlet Outlet Bedroom 2 1 yes Kitchen 3 1 yes Bathroom 1 1 yes Corridor /Hallway - 1 yes Porches - 1 yes Living Room 2 1 yes Dining Room 2 1 yes Florida Room 2 1 yes Laundry Room 1 1 yes Nifty Furnace Room - 1 yes Other Habitable ,lm 2 1 yes Stairways - 1 yes NOTE: Bathroom outlets are required, and shall be ground -fault interrupter protected. A minimum of two (2) appliance circuits shall supply kitchen outlets and new outlets within 6 feet of kitchen sink shall be GFCi protected. b. Wi ere additional outlets are needed to eliminate the use of extension cords they shall be installed. Ground -fault circuit interrupter protection for existing outlets shall not be required in existing single family residences which are Owner occupied. c. All fixtures, receptacles, equipment, and wiring shall be maintained in a state of good working condition and capable of being used and connected to the source of electric power. *o w d. Fuse blocks with exposed terminals shall be replaced with approved fuse or breaker panel, or externally operated switch. 2/27/95 Page 11 • Exi -ill i?'�3 ELECTRICAL CODE e. Where the determination is made, upon examination of the existing electrical service supply, that such electrical service is obsolete or is being used in such manner as would constitute a hazard to the occupants or would otherwise constitute a hazard to life and property, such as, but not limited to, overloading of circuits unsafe wiring, or inadequate wiring, then such conditions shall be corrected by a licensed electrical contractor, who shall furnish the Building Department a notarized letter stating that the wiring system has been restored to a safe condition. f. All new additions to the wiring systems shall be installed in accordance with Unified Building Code (Electrical Ordinance) requirements; that all buildings other than one or two family residences shall be wired with rigid conduit or metal molding, P.V.C. or electrical metallic tubing, A/C cable and Ni /C cable, or other approved wiring systems which provide a raceway for conductor: The existing non - conforming wiring system may remain in use after it is checked by the electrical contractor to insure that no code violations of a hazardous nature exist, who will then furnish the Building Department with a notarized statement to that effect. The Electrical Contractor shall install the work described on permit for all alterations or additions as per the Electrical Code then in force. If during installation of work described on permit, Coe: Violations of a hazardous nature are discovered in the existing wiring system, the Electrical Contractor shall immediately notify the Owner and the Inspector in a written statement. It will be the responsibility of the Owner to arrange for corrections of these violations. If upon final inspection, any Code violations of a hazardous nature in the existing wiring system are noted, the Owner shall be responsible for arranging for corrections of these violations. Code violations of hazardous nature referred to in the above statement shall consist of but not be limited to any of the following items: 1. Improperly sized overcurrent protection. 2. Deteriorated wiring insulation. 3. W! ing exposed to physical damage. *11.0 4. Absence of a main grounding electrode. 5. Damaged outlets and devices. 2127/95 Page 12 4 EXHIBIT #3 ELECTRICAL CODE g. Minimum Service Capacities: 1. Dwellin. units utilizins a fuel other than electricity for heating and cooking: Total number of Capacity of Main Service l `" Lighting Electrical Supply and Main Outlets Only Discc nnect Service - 0 -24 60 Amp 240 Volt Service 25 -50 100 Amp 240 Volt Service 2. Dwelling units utilizing electricity for heating and/or cooking shall have a minimum of 100 amp service or comply v,.ith National Electric Code Requirements. In existing dwelling units when the old main panel is converted to a sub panel, the old main grounding conductor shall be attached to the panel case with all other branch circuit grounds and the neutral bond screw removed to isolate the neutral buss. If any ranges, oven cooking units, or dryers are supplied from this sub par l with SE cable or cable with a bare grounded conductor, the bare neutral shall be insulated and identified with white marking tape, and the neutral Now bond strap shall be removed from the range, ovee cooking unit, and/or dryer frame and a minimum #10 conductor shall be installed to ground the range, oven cooking unit, and/or dryer frame to the closet cold water pipe. 3. Rooming units shall meet the outlet schedule in Section II, and the service supplying these units shall be adequate to carry the total load required in accordance with the National Electrical Code. 4. The Electrical Contractor may in place of any of the above, use the optional calculation made according to the issue of the National Electrical Code then in force. The Electrical Contractor shall furnish a copy of his load calculations when applying for his permit. h. Lighting Public Halls: Every public hall and stairway in every multiple dwelling containing five or more rooming or dwelling units sty '1 be adequately lighted at all times. Every public all and stairway in structures devoted solely to dwelling occupancy and containing not more than four dwelling units may be Nomy supplied with conveniently located light switches controlling an adequately lighted system, which may be turned on when needed instead of full -time lighting. Adequate lighting for the purpose of this subsection shall mean not less than one foot candle, measured at any point on the floor of a hall or on a stairway. 2127/45 Page 13 AGENDA REQUEST Date: February 27, 1996 PUBLIC HEARINGS, ORDINANCES, AND RESOLUTIONS CONSENT AGENDA OTHER BUSINESS March 4, 1996 ITEM DESCRIPTION /SUBJECT: Funding for Comprehensive Plan Evaluation and Appraisal Report (EAR) BACKGROUND: The City is required to prepare an evaluation and appraisal report of the City's comprehensive plan and submit this report to the Florida Department of Community Affairs (DCA) by April of 1997. This requirement is a product of the State's intent that the local planning process continue after the adoption of the comprehensive plan. It is intended that the EAR identify the goals and objectives of the comprehensive plan and assess the City's successes and failures in implementing the plan. DCA has developed a voluminous list of criteria for the report. Staff has already begun work on the EAR. DCA is offering the City $14,069 to defray the costs of preparing the EAR. Attached is a copy of the contract DCA wants us to sign before they will provide us with the funds. The down side of the agreement is that DCA wants several work products by August of this year or 8 months earlier than required by the legislature. Staff is attempting to complete this project in -house without the use of a consultant. Our current resources may not permit us to meet the August deadline, but we certainly can try. RECOMMENDATION /CONCLUSION: Staff suggests that the City Council consider authorizing the Mayor to execute the agreement with DCA. FINANCIAL IMPACT: Not Applicable FUNDS AVAILABLE: Account Number: Not Applicable (Specify If Budget Amendment Is Required) PRESENTED BY: Mark P. Karet, Director of Community Development PREVIOUS AGENDA ITEM: YES NO XX Date: Agenda Item No. Respectfully submitted: Concurrence: 'YLC Mark P. Karet George McMahon Director of Community Development City Manager Krista A. Storey City Attorney *y c: \wpwin \ear$. req dE- `�$6 RECEIVED FEB 2 0 1996 C oo vw t commumTv STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "%o° EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT LAWTON CHILES JAMES F. MURLEY Governor Secretary February 16, 1996 Mr. Mark Karet Community Development Director City of Edgewater Post Office Box 100 Edgewater, FL 32132 Dear Mr. Karet: 'tor As requested, enclosed are two copies of the Evaluation and Appraisal Report (EAR) Assistance Program Contracts. Please have the Mayor execute both copies and return them to me. Also, please provide the information requested on page eight. Upon receipt, the Department will execute and return one original to you for your files. If you have any questions, please give me or Cherie Trainor a call at (904) 488 -2356. Thank you for your assistance in this matter. Sincerely, Sheri Boyd Planner I /sb enclosures 2 7 4 0 C E N T E R V I E W D R I V E • TALLAHASSEE, F L O R I D A 3 2 3 9 9 - 2 1 0 0 FLORIDA KEYS AREA OF CRITICAL STATE CONCERN SOUTH FLORIDA RECOVERY OFFICE GREEN SWAMP AREA OF CRITICAL STATE CONCERN FIELD OFFICE P.O. Box 4022 FIELD OFFICE 2796 Overseas Highway, Suite 212 8600 N.W. 36th Street 155 East Summerlin Marathon, Florida 33050 -2227 Miami, Florida 33159 -4022 Bartow, Florida 33830 -4641 • STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS EVALUATION AND APPRAISAL REPORT ASSISTANCE PROGRAM CONTRACT This contract is entered into between the State of Florida, .r.. Department of Community Affairs, hereinafter referred to as the "Department ", and the City of Edgewater, hereinafter referred to as the "Recipient." WITNESSETH WHEREAS, in accordance with Chapter 163, Part II, F. S., and Chapter 9J -5, Florida Administrative Code (F.A.C.), each local government within the State of Florida is required to prepare and submit for Department review an Evaluation and Appraisal Report to assess and evaluate the success or failure of the local government's comprehensive plan; and WHEREAS, the Department, in furtherance of its duties under Chapter 163, Part II, F. S., and Chapter 93 -206, Laws of Florida, has determined that the Recipient is a local government eligible to receive funds under the Local Government Evaluation and Appraisal Report Assistance Program, hereinafter referred to as the "Program;" and 'fir WHEREAS, pursuant to the 1995 -1996 General Appropriations Act, Line Item 1172, the Legislature has appropriated $1,252,190 to fund implementation of the Local Government Evaluation and Appraisal Report Assistance Program; NOW THEREFORE, THE DEPARTMENT AND RECIPIENT DO MUTUALLY AGREE AS FOLLOWS: I. Covenant for Services The Department does hereby contract with the Recipient for the performance of the services described herein and the Recipient does hereby agree to perform such services under the terms and conditions set forth in this contract. II. Availability of Funds Payment of these state funds pursuant to this contracture subject to and conditioned upon the total release of the funds appropriated to implement the Local Government Evaluation and Appraisal Report Assistance Program. The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the legislature. III. Definition, Scope and Quality of Service (A) Intent of the Contract The Recipient agrees, under the terms and conditions of this contract and the applicable state and local laws and regulations, to undertake, perform, and complete the specified work products outlined in section III below, Scope of Services. The Recipient further agrees that neither the Department's entering into this agreement nor its acceptance of the Recipient's work products shall be construed as a determination by the Department that the local government has satisfactorily met the requirements of Chapter 163, Part II, F. S., Chapter 93 -206, Laws of Florida, or Chapter 9J -5, F.A.C. The Recipient further agrees that nothing herein shall be construed by the Recipient as a waiver by the Department of it's responsibility to conduct a sufficiency review, or its authority to make a sufficiency determination, for the Recipient's adopted Evaluation and Appraisal Report. The Department recognizes that the funding received by the Recipient under the Program constitutes only a partial funding of the actual costs associated with the development, completion, and adoption of the Evaluation and Appraisal Report, and that the work products being contracted for constitutes only a portion of the requirements necessary for completion of the Recipient's Evaluation and Appraisal Report. The Department and the 14 Recipient agree that the work products funded under this contract must be completed as specified herein in order for the Recipient to successfully complete its Evaluation and Appraisal Report, and that these work products are being funded to achieve that end. (B) Scope of Services. (1) Services provided under this contract shall be in connection with the total area under the Recipient's planning jurisdiction. (2) In accordance with §163.3191, F.S., and Rule 9J- 5.0053, F.A.C., each Recipient shall provide appropriate documentation, including, but not limited to, data, statements, reports, analyses, maps, and work products, that address, at a mimimum, the following: (a) The condition of each comprehensive plan element at the time of plan adoption, including summaries of the data and analysis from each element of the existing plan at the time of adoption; (b) The condition of each comprehensive plan element as of the date of submittal of the work products required under this contract; 2 (c) An updated, current "existing" land use map and table of existing land uses as of the date of submittal of the work products required under this contract; (3) A description of the public participation process to be used in preparation of the local government's Evaluation and Appraisal Report. (4) A detailed workplan that the Recipient will follow in completing the Scope of Services required by this contract. IV. Consideration (A) Amount of Consideration As consideration for work rendered under this contract, the Department agrees to pay a fixed fee up to $ 14,069 . Payment will be made in accordance with Article V of this contract. (B) Use of Funds (1) Funds may be used for salaries and expenses of local government staff members or subcontractors involved in preparing all or a portion of the required work products specified in section III(B), Scope of Services, of this contract. '"' (2) Travel expenses incurred by the Recipient in fulfillment of this contract shall be in accordance with the provisions of Section 112.061, F.S. (3) Funds may not be used for the purchase of equipment, fixtures, or other tangible property of a nonconsumable and nonexpendable nature with an expected useful life which exceeds the duration of this contract. (4) These funds may not be used for the purpose of lobbying the Florida Legislature or a state agency. V. Method of Payment (A) The Department shall pay twenty -five (25) percentum ($ 3,518) to the Recipient following execution of this contract and the Department's receipt, review, and acceptance of the workplan that satisfactorily completes the requirements specified in Section III, above, and this section. An acceptable workplan will, at a minimum, address: 3 (1) The criteria specified in the Scope of Services, and contain appropriate and relevant documentation, including, but not limited to, data, statements, reports, analyses, maps, and work products, relating to those issues delineated in Section 163.3191(2) and (3), F.S., and Rule 9J- 5.0053, F.A.C. The workplan will also include, but not limited to, the following: (a) The individual(s) who will be responsible for developing each component of the work plan, including any subcontractors; (b) Estimated date of completion of each component of the workplan; (c) Problems or obstacles the Recipient anticipates developing each component, and the means the Recipient will use to resolve these problems or obstacles. (2) A copy of any subcontract for any or all of the work required by this contract and entered into by the Recipient will be submitted to the Department as an attachment to the workplan listed above. Absent a copy of the actual signed agreement for any work under this document that the Recipient subcontracts to be performed will be deemed unacceptable to, and uncompensable by, the Department. (B) The Department shall pay the final seventy -five (75) percentum of the funds ($10,551) following receipt, review and acceptance of the work products specified in Section III, Scope of Services, above. (C) The Department shall pay the amounts indicated in this agreement after receipt of the work products under this contract are deemed by the Department to be acceptable. "Acceptable to the Department" means that the work product was completed in accordance with professional planning principles, and is consistent with the requirements of this contract. The Recipient acknowledges and agrees that payment under this agreement is contingent upon Recipient providing the Department, on or before August 15, 1996, with all of the requisite work products in final form, acceptance of the final work products by the Department, and the Recipient's contract closeout report, as specified below. VI. Required Reports and Records (A) The Recipient shall provide to the Department a il contract closeout report consisting of a copy of each work product produced under this program. The report must be received by the Department no later than August 15, 1996. 4 • • (B) If all required reports and copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department shall withhold further payments until they are completed. The Department may terminate this contract if reports are not received within ten (10) days after notice by the Department. VII. Audit Requirements (A) The Recipient agrees to maintain adequate financial procedures and adequate support documents to account for the expenditure of funds under this contract. (B) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (C) The Recipient shall provide the Department with an annual financial audit report which meets the requirements of Sections 11.45 and 216.349, F.S., and Chapter 10.550, Rules of the Auditor General, and OMB Circular A -128 for the purposes of auditing and monitoring the funds awarded under this contract. *we (1) The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. (2) The annual financial audit report shall include a schedule of financial assistance specifically identifying all contract and grant revenue by sponsoring agency and contract number. (3) The complete financial audit report, including all items specified in section VII(C)(1) and (2) above, shall be sent directly to: Department of Community Affairs Office of Audit Services 2740 Centerview Drive Tallahassee, Florida 32399 -2100 (D) The Recipient shall include an accounting of these funds in the annual financial audit report prepared by the tfte Recipient for the 1994 -95 and 1995 -96 fiscal years. 5 (E) In the event the audit shows that the entire fund, or portion thereof, was not spent in accordance with the conditions of this contract the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and contract provisions within thirty (30) days after the Department has ` •notified the Recipient of such noncompliance. (F) The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of three years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the three -year period, the records shall be retained until the litigation or audit findings have been resolved. (G) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. VIII. Public Records The Department reserves the right to unilaterally cancel this agreement for refusal by the Recipient to allow public access to all documents, reports, papers, letters or other material, subject to the provision of Chapter 119, F.S., prepared or received by the Recipient in conjunction with this contract. IX. Subcontracts (A) If the Recipient subcontracts any or all of the work required under this contract, the Recipient agrees to include in the subcontract specific language to inform the subcontractor that the subcontract is bound by the terms and conditions of this contract between the Recipient and the Department. (B) The Recipient agrees to include in the subcontract that the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this contract, to the extent allowed and required by law. (C) If the Recipient enters into a subcontract, a copy of the executed subcontract must be forwarded to the Department as a '`. portion of the workplan required under section V(A) of this agreement. 6 (D) Any work products produced under the terms of a subcontract entered into by the Recipient must meet the full terms and conditions, including timeframes, of this agreement between the Recipient and the Department in order for the Recipient to receive payment from the Department. Nor X. Liability The Recipient hereby agrees to hold harmless the Department, to the extent allowed and required by law, from all claims, demands, liabilities and suits of third persons or entities not a party to this contract arising out of, or due to any act, occurrence, or omission of the Recipient, its subcontractors or agents, if any, that is related to the Recipient's performance under this contract. XI. Contract Term The contract shall commence on the last date of signing by the parties involved, and will terminate on August 15, 1996. The Recipient will receive no compensation for work received by the Department after this date. XII. Modification of Contract lorw Either party may request modification of the provisions of this contract with the exception that no extensions will be permitted. The General Revenue funding source cannot be extended beyond the original timeframes of this agreement. Other changes which are mutually agreed upon shall be made by written correspondence from the Department and shall be incorporated as part of this contract. XIII. Identification of Documents The cover page or title page of all reports, maps and other documents completed as a part of this contract shall acknowledge: "Preparation of this (Map or Document) was aided through financial assistance received from the State of Florida under the Local Government Evaluation and Appraisal Report Assistance Program authorized by Chapter 93 -206, Laws of law Community and administered by the Florida Department of Community Affairs." 7 The date (month and year) the document was prepared and the name of the subcontractor or Recipient community responsible for its preparation shall also be shown. XIV. Termination Nor (A) This contract may be terminated by the written mutual consent of the parties. (B) If the Recipient shall fail to fulfill in a timely and proper manner its obligations under this contract, the Department shall have the right, without liability, to terminate this contract within ten (10) days after giving written notice to the Recipient of such termination. The Department may also require a pro rata repayment for funds paid to a Recipient who breaches any part of this contract. (C) Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of contract by the Recipient. The Department may withhold any payments to the Recipient for purpose of set -off until such time as the exact amount of damages due the Department from the Recipient is determined. XV. Notice and Contact `ew (A) The contract manager for this contract is: Cherie Trainor Division of Resource Planning and Management Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399 -2100 (B) The representative of the Recipient (not a consultant), responsible for the administration of this contract is: (C) In the event that different representatives are designated by either party after execution of this contract, notice of the name, title and address of the new representative will be rendered in writing to the other party and said notification attached to the original of this itior 8 XVI. Terms and Conditions The contract contains all the terms and conditions agreed upon by the parties. IN WITNESS WHEREOF, the parties hereto have caused this +r.•.. contract to be executed by their undersigned officials as duly authorized. RECIPIENT: BY: Name and Title Date Witness STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS Now BY: Name and Title Date Witness `�rrrr 9 MEMORANDUM $ , DATE: February 26, 1996 TO: Mayor and City Council FROM: George E. McMahon, City Manager J SUBJECT: City of Edgewater Utilities/ Outside City Sales to Potential Users Please be advised that discussions with the County continue at this time regarding possible water sales to the County as a large user. We have recently completed a second review of the previous proposed rates for large users outside the City ($4.20) and essentially substantiate that charge with few modifications. During this time we have also had our wastewater facility reviewed, with the intent of possibly obtaining a rerating of existing capacity to a higher capacity, and our operating permit requirements. The preliminary report from Hartman & Associates, Inc., which will become the final report when details have been reviewed, indicates that the City will be able to increase its capacity simply by rerating the plant from 2.25 MGD to 2.85 MGD, or incremental of 0.6 MGD. The increased capacity puts the City in a position to serve all of Southeast Volusia County with not only N water, but wastewater. The significance of this is a proposal to the County or any cities, such as Oak Hill, to be able to receive both water and sewer from the City at substantially reduced prices when compared to constructing any new facilities by the County, such as is now being considered and offered to Oak Hill. Recognizing this, it is my intention to present a preliminary verbal report and substantiate the concept of selling both water and sewer to Southeast Volusia County large customers at a very favorable rate when compared to the current proposal the County is developing regarding the construction of new facilities. This puts both the City and any outside users of utilities in a very favorable position to benefit from the City's existing water and sewer facilities. At this time I do not expect favorable negotiations with the County although I remain somewhat optimistic that on the basis of simple economics they will strongly consider the benefits to the public which are served by all governments in Southeast Volusia County. Please contact me prior to our March 4th meeting if you have-any initial questions or want to discuss this further. At this time I err am most confident of the City of Edgewater's ability to serve utilities to its residents and all residents of Southeast Volusia County and can only hope that both the County and Oak Hill will appreciate the economic value of working with the City. Enclosed is a memo I just received from Fred Munoz expressing some of his thoughts on this same subject. GEM:lsk Attachments HARTMAN & ASSOCIATES, INC. PRINCIPALS: ASSOCIATES: Janes E. Christopher, P.E. engineers, hydrogeologists surveyors & management consultants William D. Musser, P.E. Charles W. Drake, P.G. Scott C. Quinlan, P.E. Gerald C. Hartman, Y.E. Timothy A. Hochuli, P.E. - -k I. Luke, P.L.S. February 15, 1996 HAI #94- 276.12 Marco H. Rocca, C.M.C. A. Rynning, P.E. J. Richard Voorhees, P.E. d E. Schmidt, Jr., Y.E. P3 Lloyd W. Griffith, P.E. Douglas P. Dufresne, P.G. Richard C. Copeland, M.B.A. e A Mr. Terry Wadsworth pes 1 City of Edgewater 014, / 9 j / P.O. Box 100„_ Edgewater, FL 32132 ' 4 Subject: City of Edgewater - Wastewater Treatment Facility Capacity Rerating Dear Terry: Hartman & Associates, Inc. (HAI) has evaluated the above - referenced facility in terms of rerating the capacity from that of 2.25 MGD to 2.85 MGD or incremental of 0.6 MGD. HAI has performed a preliminary engineering evaluation to establish if the current process and equipment design is suitable to handle the increase capacity. Further evaluation is currently being performed, Niro' however, preliminary results at this time indicate that no construction activities must take place to achieve this additional capacity. HAI will advise the City of the final results and what tasks must be achieved to rerate the facility. If you have any questions regarding this matter, please do not hesitate to call. Very truly yours, Hartman & Associates, Inc. • Harold E. Schmidt, r., P.E. Vice President cc: Troy E. Layton, E.I., HAI err HE S/TEL /mb /C- 2 /wadswort. tel 201 EAST PINE STREET • SUITE 1000 • ORLANDO, FL 32801 TELEPHONE (407) 839 -3955 • FAX (407) 839-3790 ORLANDO FORT MYERS FORT PIERCE JACKSONVILLE TALLAHASSEE HARTMAN & ASSOCIATES, INC. PRINCIPALS: ASSOCIATES: engineers, hydrogeologists, surveyors & management consultants James E. Christopher, P.E. William I). Musser, P.L. Charles W. Drake, P.G. Scow C. Quinlan, RE. Gerald C. Hartman, P.E. "timothy A. liochuli, P.E. Mark I. Luke, P.L.S. Marco H. Rocca, C.M.C. lc A. Running, P.E. J. Richard Voorhees, P.E. old E. Schmidt, Jr.. P.E. Lloyd W. Griffith, P.E. ryor Douglas P. Dufresne, P.G. Richard C. Copeland, M.B.A. February 13, 1996 HAI# 94- 276.10 Mr. Chuck M. Paulk, Jr., P.E. TSC Corporation 4919 Memorial Highway, Suite 250 Tampa, Florida 33634 Subject: City of Edgewater Advanced Wastewater Treatment Facility Dear Chuck: As we discussed last week, the City of Edgewater is investigating the possibility of rerating the New existing wastewater treatment plant (WWTP) to treat higher flows on an annual average daily flow basis. It is our preliminary intentions to attempt to treat at least a influent flow of 3.0 million gallons per day (MGD), without compromising the effluent quality. Our preliminary calculations indicate that this is may be possible, however, I would like Eimco to confirm this. If Eimco agrees with our preliminary calculations, or indicates that the WWTP is capable of treating a lower flow, we will then approach the Florida Department of Environmental Protection (FDEP) to coxtduct a rerating study that will confirm the rerated capacity of the WWTP. I have attached for your use three (3) tables that provide you with an understanding of the influent characteristics of the wastewater that the WWTP is treating. The first table provides you with the minimum, maximum, average and 3 -month average daily flows to the WWTP. Table 2 contains the influent biochemical oxygen demand (BOD and total suspended solids (TSS), and Table 3 summarized the influent total nitrogen (TN) and total phosphorus (TP). You may be interested in know that the WWTP is operating beyond our expectations, and since start up has only exceeded the permit conditions only twice. The first time was on November 16, 1994, when the WWTP experienced a hydraulic surge due to the heavy rainfall events that *ow occurred during Tropical Storm Gordon. During this period, the effluent BOD and TSS were exceeded and the effluent was diverted to the reject storage tank and subsequently retreated. The effluent was back to normal 3 -days later and normal operations resumed. The second time occurred in January 1995. During this period the effluent TN was exceeded. This problem was determined to be attributed to the fact that the internal recycle pumps were not operable, and in the process of being repaired. 201 EAST PINE STREET • SUITE 1000 • ORLANDO, FL 32801 TELEPHONE (407) 839-3955 • FAX (407) 839-3790 ORLANDO FORT MYERS FORT PIERCE JACKSONVILLE TALLAHASSEE Mr. Chuck M. Paulk, Jr., P.E. February 13, 1996 Page 2 In summary, while the City desires to rerate the WWTP to treat as much influent flow as possible without expending capital, their desires more importantly are maintain an acceptable effluent quality, particularly for TN (e.g., less than 2.7 or so TN). Our concerns are not so much for TP since we believe that the alum can drop out the TP in the effluent without a problem. Please forward this information to Dave DiGregorio as soon as possible. As I mentioned to you, I would like to discuss this with Dave next week when he is in town, and also would like to have some feel for what Edgewater's WW'1'P can be rerated to at that time. Finally, I would like to discuss with Dave a proposed protocol for field testing the rerated capacity, which I believe FDEP would require a minimum of 4 to 6 months. I look forward to meeting with both you and Dave next week, and if you should have any questions in the meantime, please do not hesitate to contact either Troy Layton or me. Very truly yours, Hartman & Associates, Inc. /de Harold E. Schmidt, Jr., P.E. Vice President Attachments HES /mg/c- 9/Paulk.hes cc: Terry Wadsworth, City of Edgewater Dennis Norman, City of Edgewater Troy Layton, HAI Nr a 0 CZ u m .D v) 00 00 O+ t— M N ON N et OA M t— T O et VD M 00 et N O 00 00 t— r- V V ,-..4 O� h N VD V1 et 00 O VD VD h N N et �O ,, �--� h N O 00 t� vl �D N � .�, O\ v1 N M M ,-; 00 O■ N M 1P1 N 00 O m 06 O\ O\ \O 'D V1 r N 16 1/4.6 • h O N M et v1 V1 V1 <t et h v1 'n V1 h l0 VD VD VD VD VD VD VD VD VD VD VD t— 00 e 1. a bt ett g 1. 3 p. '. ON 00 ON CO N N N N 00 - NO e M O r t O\ N NO 00 00 00 00 00 V1 .• Q. D O M t v1 O v1 OT O VD 0' .--. 0'. 01 41 0'. .--. 41 N M VD 41 00 OA VD — .-4 O'. 0' N et : 7 1777 VD 00 OT .—• N .r O , . .-. .-■ N Cl K1 on et 41 v1 V•1 et et et et et M et t- cN w O O O • ~ O 0 4. 1.. 1 l7 N • CZ • 3 o a 0 E 00 00000000000000000000000000 �' F., O O 0' et t- O O 0' et t-. ON M ON 41 N 0'. 00 Cl .-+ O O et O M v1 VD 03 ( y E i • .0 N VD M 'D N vl 41 v1 N • t ON NO v1 'D 0'. .-. VD VD t` ' 00 '.O N O 00 V1 00 �+ 0 G 0 O .--. •--. N N N N • N M N O -; ° i . 0 - - fa O CC „, M r... E H O� o 6 n ,5 R et 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 01 0 0 0 0 0 0 • o .0 �• 8 VD M r'+ 00 00 VD N VD -� t- M t'— •--• 00 N et N h N 00 M t- O '.D 0 4, a) 8 V ¢ C 0 v1 ON O\ O CO O O O O O .--: N .-• M M -• rn .-4. r*1 N •-+ N M. N N. • r j ''O cd v E O O .-•. O O Z 3 Q Fr w J O V! Q -:5 cu Sk N 1 M 1 .1 e A, . 41 00 00 0 0 h 41 S M M O S VD V1 t - v1 01 41 41 41 v O O 1 v1 et '. 01 t� t( < j U et 'O t- N N VI NO M NO t. t- h M N 00 et N '.O '0 41 v1 a) 4 ' 4 . y VD O M O O •--• O N N N on M en V1 b et N et ,T et rn et on VD O ,- 0 3 o • r• O O\ OT ig O •g N rn 1 .0 u . O ,_ �. A al cos M M M et at h 4-+ ■ cu O' 01 O, \ � v c *1 0\ M CN eN et ON et O ON 41 0h CN 41 ,- 4 r` 1 IT E 15 ( 4 If -" , P b - 1 ,...., 4 :2:\4 g (7)1 CN Ch '-' g? V b - k :: E' ' ,1-, ' n 'cg ''' ,,s .-1 -"a r O •f. - ai cd, ' O a) G a C . O � � Q � zA �w P. Z A w � � � 11� TABLE 2 City of Edgewater Advanced Wastewater Treatment Facility Influent BOD and TSS Data (August 1993 - October 1995) r... Biochemical Oxygen Demand, mg/1 Total Suspended Solids, mg/1 Month/Year Minimum Maximum Average Minimum Maximum Average August, 1993 182 203 192 174 184 179 September, 1993 214 278 246 136 188 161 October, 1993 165 280 197 136 262 167 November, 1993 175 228 193 130 182 158 December, 1993 228 293 251 136 212 190 January, 1994 173 255 203 166 188 175 February, 1994 170 245 218 116 232 151 March, 1994 255 350 305 148 276 194 April, 1994 203 325 258 100 168 142 May, 1994 155 388 270 164 180 172 June, 1994 115 140 124 128 300 190 July, 1994 60 116 81 102 164 143 August, 1994 73 132 112 160 336 211 September, 1994 46 142 104 142 210 175 October, 1994 100 157 124 184 202 193 November, 1994 107 185 146 39 178 126 *saw December, 1994 123 213 160 56 107 83 January, 1995 157 218 188 102 200 140 February, 1995 155 183 168 134 202 162 March, 1995 92 193 156 134 205 164 April, 1995 150 164 158 144 183 164 May, 1995 150 277 217 129 172 156 June, 1995 109 204 174 100 145 130 July, 1995 89 266 145 114 154 135 August, 1995 54 144 101 88 130 111 September, 1995 26 92 67 55 101 85 October, 1995 64 127 100 79 106 90 hes/mg/c- 9 /table2.hes TABLE 3 City of Edgewater Advanced Wastewater Treatment Facility Influent TN and TP Data (January 1995 - December 1995) Total Nitrogen, mg/l - Total Phosphorus, mg/1 Month/Year Minimum Maximum Average Minimum Maximum Average January, 1995 30.3 38.2 33.6 4.33 7.32 5.28 February, 1995 32.2 38.2 35.2 3.28 5.79 5.02 March, 1995 33.6 43.0 38.0 4.24 5.55 4.96 April, 1995 32.6 38.3 35.0 5.46 7.39 6.07 May, 1995 No Data No Data No Data 5.52 6.14 5.81 June, 1995 25.2 41.1 33.9 5.35 7.71 6.51 July, 1995 33.1 35.5 34.2 3.68 6.79 5.61 August, 1995 25.2 28.9 26.9 4.62 6.44 5.32 September, 1995 17.7 26.6 21.7 2.93 4.83 4.12 October, 1995 13.1 25.7 19.7 3.90 4.72 4.25 November, 1995 28.9 35.5 30.9 5.68 6.64 6.08 December, 1995 33.6 35.9 34.8 6.15 8.31 7.14 • ttorr hes/mg/c- 9 /table3 . hes f e . c, 0 P/4 CITY OF EDGEWATER MEMORANDUM TO: George E. McMahon, City Manager FROM: Ferdinand Munoz, CPA (Del.), Finance Director SUBJECT: Water and Sewer Rates - External Users DATE: February 23, 1996 The City operates its Water and Sewer Utility as an enterprise. As an Enterprise Fund the City accounts for operations, that are financed and operated, in a manner similar to private enterprise, where the intent of the City is that the costs of providing goods or services to the general public on a continuing basis be financed or recovered primarily through user charges. The City's first and foremost obligation is to the Citizens of Edgewater, who are the primary customers of the City's Water and Sewer Utility System. These customers provide the bulk of the rate revenue of the System and, additionally, pay the taxes for general government operations. Some of the general government operations (such as the City Council, City Manager's office, City Attorney, City Engineer and Finance) directly and indirectly benefit the Utility System. For this purpose, in recognition of these factors, Florida Statute provides that at a minimum a 25% surcharge may be levied for services provided outside the City limits - such customers do not support, through their tax dollars, such beneficial governmental operations. It is the City's responsibility to provide to its citizens the lowest possible cost for water and sewer services. It is important that the City not treat external customers better than its internal customers. While not trying to be confrontational with the County, the County should understand that our obligation is to our internal customers who approved the infrastructure improvements that enable the City to provide services to external customers. Nothing has guaranteed the City that after these large `'w expenditures, external customers would in significant numbers connect to City services. Our current customers are paying for and have a vested interest in the facilities that provide these services. Any increases in the customer base, either internally or externally generated, would allow the fixed components of cost to be prorated over a greater number of customers, thus reducing the per unit cost. The impact of such cost reduction means that future increases for the non -fixed components of cost can be somewhat mitigated. In other words, future increases would be lower than they would otherwise be without the growth of the customer base. The external customers would directly benefit from these future growth. In respect to wholesale of water to the County, the City's asking price should be one based on internally developed pricing. While the County may be interested on our methodology, they can not dictate that methodology. This is especially true when the County can not produce the water quantity and quality at a lower cost. General market pricing dictates that pricing be somewhere between the full cost of production and the monetary value of that production to the customer. Pricing below full cost can not be maintained, and if it is it will transfer wealth from the City to the County, while pricing above value will not generate willing customers. The Counties decision seems to be one of Make or Buy. They can either produce their own water or they can buy it from the City. Rationally, they should only buy from the City if the cost is lower than they can produce it, at the relevant water quantity and quality needs. The bottom line is that if the City's price is lower then they should buy. We can be certain that if the City's r`,, cost were higher than the County production cost that we would not be having these discussions. The City should not give the County an additional windfall (the difference between our asking price and some lower price) from that that they will surely enjoy from a price lower than they can produce at. Our pricing, which is not predatory or excessive, should benefit our customers and not be added to the coffers of the County to enable them to compete with the City sooner. One may infer that such windfalls will not necessarily be 'to their customers, but would rather be used to support their revenue requirements to fund their own competing water system. Already there is a feeling in the community that few of the dollars that are collected by the County within the City get back to benefit the City. The reality is that the City has one new water facility rated at 5.0 MGD while the County has saddled itself with several dated facilities which are failing to meet the needs of their customers. As in any market scenario, the efficient provider should succeed and those incapable of meeting their customer's need must parish. The public good will be served by having.the efficient water provider, which is the City of Edgewater, serve Igor the area. FMWATER96 rf- AGENDA REQUEST Date: February 27, 1996 saw PUBLIC HEARINGS, ORDINANCES, AND RESOLUTIONS CONSENT AGENDA OTHER BUSINESS March 4, 1996 ITEM DESCRIPTION /SUBJECT: Discussion of Capital Improvement Needs BACKGROUND: Attached is a memorandum I prepared for the City Manager in August of last year. This memo included a table taken from the Capital Improvements Element of the Edgewater Comprehensive Plan. Most of the items in the table have been addressed and are marked with a bullet. These items represent major accomplishments although not all of them have been completed exactly on time. The best example of this is the Florida Nary' Shores Road Improvement Project that is currently underway. The memo also identified 9 projects that have not yet been addressed. An explanation for each item is included in the memo. Six of the 9 projects are City projects. The remaining 3 projects are the responsibility of the Florida Department of Transportation. Other potential projects will be identifed soon in the Western Service Area Mater Plan and the Reuse Master Plan Update. Other projects may also surface as a result of the discussions with Oak Hill regarding wastewater service. It is anticipated that these new projects may supercede some or all of the 6 projects referred to above. RECOMMENDATION /CONCLUSION: At the December 19, 1995, Council meeting staff was directed to schedule this issue as either a workshop topic or a discussion item on a regular agenda. Staff is ready to take whatever direction on this issue the Council deems appropriate. FINANCIAL IMPACT: Not Applicable saw FUNDS AVAILABLE: Account Number: Not Applicable (Specify If Budget Amendment Is Required) PRESENTED BY: Mark P. Karet, Director of Community Development PREVIOUS AGENDA ITEM: YES NO XX Date: Agenda Item No. Now Respectfully submitted: Concurrence: L air/14.4%- ‘' 7 )1.- C 7a'tc.. - - Mark P. Karet George (cMahon Director of Community Development City Manager c: \wpwin \capital. req Now Now MEMORANDUM ., TO: George McMahon, City Manager j/ FROM: Mark P. Karet, Director of Community Development / /4( DATE: August 7, 1995 SUBJECT: Capital Improvements Attached is the 1990 -1995 Capital Improvements Projects table included in the Capital Improvements Element (CIE) of the comprehensive plan. The CIE serves as a kind of summary of the capital items identified throughout the comprehensive plan. The element focuses on improvements that are needed to eliminate major infrastructure deficits and to support new growth. Capital equipment and other minor capital items such as cars, trucks, backhoe, mowers, etc. are not usually included in a CIE. On the other hand, "capitalized operating costs" often are included. The prime example of the kind of capitalized operating costs that do get mentioned in CIEs are studies that are associated with major facilities such as the stormwater master plan. All of the items in the projects table marked with a bullet are either completed or currently in progress. As you can see, most of the projects are marked. The last major project is now underway -- the Road improvement Program. A few of the projects in the table have not been addressed. Below is list each of these projects by number: Project 2 - Add lanes to SR 442 (Florida Department of Transportation project) This project is slowly working its way through the MPO funding process. Right -of -way acquisition is scheduled to begin in 1999. Construction is currently scheduled to begin in 2001. Project 4 - Paving of Turgot Ave. and Canal Street (City of Edgewater project) This project was funded through the CDBG program and rejected for construction by the City Council. Project 5 - Construct SR 442 Bikepath (Florida Department of Transportation) This project will be completed in association with the multi - laning of SR 442. C jnstruction is currently scheduled to begin in 2001. - Project 6 - Add lanes to US Highway 1 (Florida Department of Transportation) No portion of this project is funded. It is unlikely that this project will receive funding in the next decade. Project 13 - Remove obstructions from channel G3 /Gabardy System (City Project) This project has not yet been addressed due to the magnitude of other projects identified in the master plan. For example, Project 15 was modified to include the upgrading, resizing and relocating of structures within channel El. Project 14 - Remove obstructions from channel G2/Gabardy System (City Project) See note above under project 13. Project 18 - Additional Improvements to channel G2/Garbardy System (City Project) This project has been broken down into several smaller projects. The largest, "Hart Avenue Bypass" is currently unfunded. CDBG money is being pursued. Project 25 - Construct gymnasium /activities center (City Project) This project has not yet been addressed due to difficulty in funding. The Parks and Recreation Department has developed the "Tour ' ow of Home" program to begin raising monies to pursue this project. Project 26 - Purchase Recreational Land (City Project) This project has not been addressed due to a lack of funds. It was originally intended that impact fees would be used to purhase additional park lands. Slower growth rates than those predicted in the comprehensive plan have meant that impact fees are not available as forecasted. The CIE needs to be revised in order to recognize the projects that have been completed and to determine which of the remaining projects are still a priority. Some new projects may have to be added to the list. The stormwater master plan has identified a number of projects that were not anticipated by the comprehensive plan. Also the Western Service Area Master Plan and the Reuse Master Plan Update will most likely identify additional capital improvements. We must keep in mind that the CIE is not a simple wish list of potential projects. Chapter 9J -5 of the Florida Administrative Code which establishes minimum criteria for Now local government comprehensive plans requires CIEs to be economically feasible. Projects included in the CIE must be backed a viable financial plan. c: \wpwi n \m pk \cie. m e m TABLE 1 CAPITAL IMPROVEMENTS PROJECTS CITY OF EDGEWATER, FLORIDA 1990 -1995 Now Target Estimated Project Description Year Cost TRAFFIC CIRCULATION FACILITIES • 1. Add 1 lane to W. Park Ave. from U.S. ED -1990 $ 65,000 Hwy No.1 to Old County Line Road 2. Add 2 lanes to Indian River Blvd. 1990 $ 250,000 (S.R.442) from U.S. Hwy No.1 to Hibiscus Drive • 3. Florida Shores Road Improvements 1991 $ 10,764,000 4. Turgot Avenue and Canal St. Paving 1991 $ 231,600 5. Construct bikepath on S.R.442 right- 1992 $ 100,000 of -way 6. Add 2 lanes to U.s. Hwy No.1 from the 1994 $ 750,000 north City limits to Park Avenue SANITARY SEWER FACILITIES *r►' • 7. Conduct existing gravity sewer ED -1990 $ 100,000 system repairs • 8. Increase capacity of PS #5 1990 $ 20,000 • 9. Increase capacity of PS #7 1990 $ 5,000 • 10. Expand capacity of Influent FM, 1991 $ 9,119,000 Outfall Gs, and expand/improve level of treatment of WWTP • 11. Install central sewer system in 1991 $ 13,491,000 Florida Shores DRAINAGE FACILITIES • • 12. Conduct City-wide stormwater ED -1990 $ 193,000 management system analysis and improvement study 13. Remove obstructions from 1991 $ 1,000 Gabardy System Channel G3 14. Conduct improvements to Gabardy 1991 $ 16,500 System Channel G2 • 15. Maintain existing structures 1991 $ 1,000 Nor in 18th Street System Channel El TABLE 1 (Continued) CAPITAL IMPROVEMENTS PROJECTS CITY OF EDGEWATER, FLORIDA ``w 1990 -1995 Target Estimated Project Description Year Cost • 16. Maintain existing structures 1991 $ 500 in 18th Street System Channel E4 • 17. Maintain existing structures 1991 $ 1,000 in 18th Street System Channel E6 18. Conduct additional improvements to Gabardy system Channel G2 1995 $ 240,000 POTABLE WATER FACILITIES • 19. Expand Western Water Supply 1991 $ 240,000 Wellfield • 20. Construct new Western Water 1991 $ 756,000 Transmission main from New Western WTP to City Distribution System • 21. Construct 20 -inch water trans- 1991(50 %) $ 988,000 mission main from Western WTP 1992(50 %) $ 998,000 to City distribution system • 22. Florida Shores Area Water System 1991 $ 1,174,000 Improvements RECREATION FACILITIES • 23. Construct additional parking spaces ED -1990 $ 10,000 and repair existing parking areas at boat ramps • 24. Construct baseball /softball field 1991 $ 100,000 25. Construct gymnasium/activities center 1993 $ 700,000 26. Purchase additional lands for rec- 1994 $ 2,120,000 reation Facility Development TOTAL $ 47,723,000 `rr ED - Existing Deficiencies • - Projects Completed or in Progress c:\cpd.imp Mayor Hayman suggested having a workshop or make it an agenda item to express their concerns regarding t ,Ague$ . He asked City Manager McMahon if it could be done in Pebruary. City Manaager McMahon informed him it could. Councilman Hatfield wished everyone a Merry Christmas. .DJOt RNMENT There being no further business to discuss, Councilman Hays made a motion to adjourn, second by Councilwoman Martin. The meeting adjourned at 9:20 p.m. Minutes submitted by: Lisa Kruckmeyer err Page -21- Council Regular Meeting December 19, 1995