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12-19-1994 t, / / / / ~,-:/ .", u <) Votinq Order Councilwoman Martin Councilman Hays Councilman Mitchum Mayor HaYman Councilman Hatfield AGENDA CITY COUNCIL OF EDGEWATER DECEMBER 19, 1994 7:00 p.m. COMMUNITY CENTER 1. CALL TO ORDER, ROLL CALL, ALLEGIANCE INVOCATION, PLEDGE OF 2. APPROVAL OF MINUTES (None) 3. CITIZEN COMMENTS 4. COUNCIL/OFFICERS REPORTS A. City Attorney B. City Manager C. City Council 5. CONSENT AGENDA A. Workers Compensation Florida Municipal Insurers Fund Large Member Agreement B. Maintenance Agreement with Technicians Unlimited, Inc. for Public Works copier C. Agreement with Volusia County to ~ implement City's participation in 800 mhz radio system D. Voluntary Cooperation Agreement between State Attorney's Office and City of Edgewater Police Department E. Agreement for odor control system for wastewater treatment plant headworks F. Addendum Number 1 to Agreement with Quentin L. Hampton Associates, Inc. for value engineering report and validation of unit items related to Florida Shores roadway improvement project 6. B. BUSINESS Addendum Number 2 to Agreement with Quentin L. Hampton Associates, Inc. for construction administration, observation, and related services related to Flori.da Shores roadway improvement project Fla. Dept. of Transportation presentation re: plans for U.S. 1 resurfacing Retrofit program, agreement and funding for lighting upgrade in City facilities' Discussion of Volusia County Beach Report with City's representative Jeff Lange Request for donation for Project Graduation Request for donation for Volusia County Mediation Services Petition re: ducks living in City ponds Steven C'. Levine re: Ord. 88-0-29 vacating portion of Guava Dr. & alley NEW A. C. D. E. F. G. H. (.) o -, City Council of Edgewater Agenda - December 19, 1994 Page Two 6. NEW BUSINESS (Continued) I. Appointment to Police Pension Board due to expiration of term of Ruth Garvey, who requests reappointment J. Police evidence-building final pay request and waiver of liquidated damages K. Retaining Dean, Ringers, Morgan and Lawton to represent City in Rita Malone v. City of Edgewater, S & E Contractors, Inc. and Elizabeth Fenical 7. ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS First Reading: A. Res. 94-R-29 re: Establishing fees for development reviews, permits, and inspections Second Reading: (Public Hearing) B. Public hearing on Fong Development Agreement re: property between U. S . 1 and Indian River I Lagoon south of Palm Breeze unrecorded subdivision 8. UNFINISHED BUSINESS A. Deanie Lowe, County Supervisor of Elections, re: Uniform election date legislation B. "Tour of Homes" fund raising project for 26 acres 9. COUNCIL/OFFICERS REPORTS A. City Attorney B. City Manager C. City Council 10. QUESTIONS FROM PRESS 11. CITIZEN COMMENTS 12. ADJOURN. All items for inclusion on the January 9, 1995, City Council agenda must be received by the City Manager's office no later than 4:30 p.m. Tuesday, January 3, 1995. I 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. 5.11. AGENDA REQUEST C. A. No.: 94 -137 11600, Date: December 12, 1994 NEW UNFINISHED CONSENT 12/19/94 BUSINESS BUSINESS PUBLIC HEARING RESOLUTION ORDINANCE ITEM DESCRIPTION /SUBJECT: Workers Compensation - Florida Municipal Insurers Fund Large Member Agreement BACKGROUND: The City is legally obligated to provide Workers Compensation coverage to all City Employees. The City obtains this coverage through the Florida Municipal Self Insurers Fund. Attached is a proposed Large Member Rating Agreement for the 1994 - 1995 fiscal year. The estimated annual premium is $344,842.00. s RECOMMENDATION /CONCLUSION: Staff recommends that the City Council approve the Large Member Rating Agreement and authorize the Mayor to execute the document. FUNDS AVAILABLE: Funds for the Workers Compensation premium have been budgeted in every department having employees. (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, Co urr ace: K1,40\ sei-rut /A,/ KrigtA A. Storey Z Fred Munoz ,fi City Attorney Director of Finance KAS /rmw Attachment Copy to: File Reading FLORIDA MUNICIPAL SELF INSURERS FUND LARGE MEMBER RATING AGREEMENT THIS AGREEMENT, made and entered this 1st day of October , 19 94 , by and between the `ow City of Edgewater (FM 77) , (hereinafter referred to as the "Member") and the Florida Municipal Self Insurers Fund (hereinafter referred to as the "FMSIF "). WHEREAS, the Trustees of FMSIF have determined it is in the best interest of the Fund to offer a Large Member Rating Plan; and WHEREAS, the Member has determined it is in the best interest of the Member to utilize the Large Member Rating Plan to obtain Workers' Compensation Coverage. NOW, THEREFORE, for and in consideration of the mutual covenants, promises and obligations herein contained which are given to and accepted by each member hereof to the other, the parties to this instrument covenant, stipulate and agree as follows: 1. As used herein, the following words and phrases shall have the following meanings: a. "Normal Premium" means the modified premium plus expense constant. b. "Manual Premium" means the applicable rate multiplied by one hundred dollars of payroll. c. "Standard Premium" means manual premium multiplied by applicable experience Nair modification. d. "Incurred Losses" means all benefits paid out pursuant to FMSIF, and all defense costs related thereto including all attorney's fees and court costs; plus all reserves established by the Fund. In calculating the incurred losses for adjusted premium determination, the maximum total loss per accident or disease shall be $150,000. e. "Modified Premium" means manual premium multiplied by applicable experience modification. f. "Reserves" means all amounts established to cover benefits which may be payable pursuant to Chapter 440, Florida Statutes incurred during the Fund year and all reasonable expenses including defense costs related thereto. g. "Basic Expense Percentage" means an amount expressed in percentages allocated to cover basic expenses of the Fund. The Basic Expense Percentage shall equal the following of the applicable Normal Premium. BASIC ADJUSTMENTS EXPENSE PERCENTAGES (NUMBER OF MONTHS AFTER FUND YEAR) lor 44.0% 1st Adjustment (9 Months) 36.0% 2nd Adjustment (21 Months) 33.0% 3rd Adjustment (33 Months) h. "Maximum Premium" means 100% of Standard Premium. "Minimum Premium" means Basic Expense Percentage as described above times Normal Premium. (10/94) 0_1 2. The adjustments to the premium of the member shall be calculated after the expiration of the Fund year and shall be calculated as follows: (Basic Expense Percentage X Normal Premium) + Incurred Losses = Adjusted Premium. Adjustments shall be calculated at 9, 21 and 33 months after the expiration of the Fund year based upon the same formula and the Basic Expense Percentages shown in g. 3. The calculation of Normal Premium will be based on final audits of the Member which are conducted by the FMSIF. 4. The FMSIF shall conduct a review of reserves if requested by the Member. The decision of FMSIF concerning the adequacy of reserves shall be final and shall not be subject to review or challenge. 5. Premiums shall be due within 30 days of billing in accordance with the application for participation agreement. A request for review of reserves shall not waive the due dates for premium payments. Reimbursements or additional premiums due shall be remitted or billed at the conclusion of the requested review. 6. The final adjusted premium shall not exceed the maximum premium as defined herein nor fall below the minimum premium as defined herein. 7. The Member is not eligible for any normal Fund premium credits including, but not limited to, dividends, equity reserve distributions, administrative savings or participation or performance credits granted to Members not participating in the Large Member Rating Agreement. 8. For purposes of eligibility in the Large Member Rating Plan, a Large Member is defined as a N member with an annual Workers' Compensation Normal Premium of $200,000. 9. All of the provisions of the Indemnity Agreement and participation agreement not directly in conflict with the provisions herein shall remain in full force and effect. A'rr1 ST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA Susan J. Wadsworth Jack H. Hayman, Sr. City Clerk Mayor Dated: Now APPROVED FOR FORM AND CORRECTNESS: Krista A. Storey (10/94) O.2 City Attorney i AGENDA REQUEST C. A. No.: 94 -138 Date: December 12, 1994 rr NEW UNFINISHED CONSENT 12/19/94 BUSINESS BUSINESS PUBLIC HEARING RESOLUTION ORDINANCE ITEM DESCRIPTION /SUBJECT: Maintenance Agreement with Technicians Unlimited, Inc., for Public Works Copier (copier that used to be at City Hall). BACKGROUND: The existing Public Works copier will be replaced by the transfer of the City Hall copy machine. Attached is a copy of a proposed maintenance agreement with Technicians Unlimited for the copier now located in Public Works. The base charge is $475.00 per year with toner and waste toner bottles included and $0.015 per copy billed on a monthly basis. The agreement may be canceled by either party upon thirty days written notice. RECOMMENDATION /CONCLUSION: Staff recommends that the City Council approve the agreement and authorize the Mayor to execute the agreement. FUNDS AVAILABLE: ACCOUNT NUMBER: 10541 -53460 (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, Concurrence: i ... l e Ld-Ar■ g �i�,� am s �� ,L Kris - Storey A. Store • ill City Attorney Dir ctor of Public Works 41_ � Ferd and Munoz Acting City Manag KAS /rmw Attachment TECHNICIANS UNLIMITED, INC. It [IM '1(" 312 CANAL STREET 0 �.I L r NEW SMYRNA BEACH, FL 32168 AUTHORIZED DEALER F U L L SERVICE AGREEMENT' %or Technicians Unlimited, Inc., 312 Canal Street, New Smyrna Beach, FL 32168, agrees to provide service on a 3M 6242 Ser.# 918556 for unlimited copies or one year, whichever comes first, for the City of Edgewater . This service agreement includes all parts and labor excluding those damaged through abuse or neglect (Abuse & neglect includes improper wiring or wall outlet voltage in office, home, building, or place of use.) Special terms: Surge protection required Base charge is $475.00 per year billable October 1st Copies to be billed monthly at $0.015 each Toner and waste toner bottles are included Either party may cancel qiven 30 days written notice Address 104 N. Riverside Drive . Price $0.015 /ea , Edgewater, FL 32132 Tax N/A Phone # (904) 424 -2400 Total N/A Contact Fred Munoz Payments monthly, Date 10/01/94 Starting copy count N/A Now Company Representative >y�.,, ; c Z2. Customer Signature SEE SECOND PAGE FOR SIGNATURES *Binding AIERNM1 11421 )1X104.1 tX>rielliJU ** * Delinquent Fees 1.5% per month NEW SMYRNA BEACH (904) 423 -0652 1 (800) 689 -8324 NOW ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Susan J. Wadsworth Jack H. Hayman, Sr. City Clerk Mayor Dated: APPROVED FOR FORM & CORRECTNESS: low Krista A. Storey City Attorney 'taw C, AGENDA REQUEST DATE: December 12, 1994 NEW UNFINISHED CONSENT: XXX BUSINESS:_ BUSINESS: PUBLIC HEARING: _ RESOLUTION: ORDINANCE: ITEM DESCRIPTION /SUBJECT: Attached is a list of radio equipment to allow various City Departments to upgrade communications to the County -Wide, 800 MHz radio system over the next 18 Months. The first purchases (EXHIBIT A) will be for Police, Fire and Rescue, and Public Works Department's. These purchases have been funded in the current budget and they are all under budgeted dollar amounts. The purchases for Fiscal Year 1996 (EXHIBIT C) will be submitted in the next year's budget. These equipment purchases are all funded by a multi -year, no interest repayment schedule at volume price (Volusia County Contract) rate. This represents a tremendous savings to our citizens for an integrated communications system that will 'ft dramatically improve the ability of City Staff to provide services, both day -to -day and during emergency situations. BACKGROUND: During the City Council meeting of 20 June 1994, the City Council heard a brief presentation by Mr. Ben Perry of Volusia County Information Services regarding The City of Edgewater's participation in the County -Wide 800 MHz communications system. At the conclusion of that meeting, the City Council voted 4 -0 to approve the City's participation in the 800 MHz with Volusia County. RECOMMENDATION /CONCLUSION: Attached is a copy of the agreement between Volusia County and the City to implement the City's participation in the 800 MHz. FUNDS AVAILABLE: Account Number: 56640 (Specify If Budget Amendment Is Required) NO. Budgeted Items *``"' Presented By: Chief William C. Vola Previous Agenda Item: YES XXX NO Date: 06/20/94 Agenda Item No. Respectfully Submitted, William C. Vola, Chief Department of Fire /Rescue Concurrence: Concurrence: YIA4 1 11 Xee ,/a.,/ Krista Storey FR George E. McMahon City Attorney City Manager AGREEMENT THIS AGREEMENT made and entered into day of , 1994, Now by and between the COUNTY OF VOLUSIA, FLORIDA, a political subdivision of the State of Florida, whose address is 123 West Indiana Avenue, DeLand, Florida 32720 -4612, CITY OF EDGEWATER (hereinafter referred to as the "Seller "), and the FLORIDA , whose address is P. O. Box 100, Edgewater, Florida 32132 -0100 , (hereinafter referred to as the "Buyer). WITNESSETH: WHEREAS, there is a need for improved intergovernmental radio communications throughout the County of Volusia, Florida; and WHEREAS, the County has planned and implemented a countywide 800 MHz radio "'`rr system; and WHEREAS, the County of Volusia has obtained the requisite number of Florida Communications Commission (FCC) licenses which requires the installation of the system and the channels to be seventy- percent loaded by October 31, 1996; and WHEREAS, the County has obtained the appropriate financing necessary to accomplish the implementation of this countywide 800 MHz radio system; and WHEREAS, the County Council of the County of Volusia has approved the financing plan memorialized in this Agreement; and WHEREAS, the County Council has authorized the County Manager to enter into this Agreement; and 1 WHEREAS, the City of Edgewater has previously elected to participate in this countywide 800 MHz radio system. Nair NOW THEREFORE, in consideration of the agreements and promises set forth herein and other good and valuable consideration, the parties agree as follows: 1. Seller and Buyer are authorized under the Constitution and the laws of the State of Florida, to enter into this Agreement and the transaction contemplated hereby, and to perform all of its obligations hereunder. 2. Under the terms of this Agreement, neither the Buyer nor the Seller shall be deemed a merchant. 3. The term of this Agreement shall begin on the date first above written and shall terminate on October 1, 2004. Nifty 4. Seller shall sell, transfer, and deliver, and Buyer shall receive, accept and pay for the following described goods, appended hereto as EXHIBIT "A ", and by reference, made a part hereof, in accordance with the terms of this Agreement. The parties acknowledge that this initial description of the goods may be automatically substituted by the Seller as the Buyer makes additional purchases of goods from time to time during the term of this Agreement. However, Seller shall not request, order or receive any goods under the terms of this Agreement later than September 1, 1996. 5. Payments shall be made by the Buyer to the Seller in not more than twenty (20) semi -annual installments based on this initial schedule, appended hereto as EXHIBIT "B ", and `''s' by reference, made a part hereof. The Buyer may at its option accelerate this payment schedule. The parties acknowledge that this initial schedule may be automatically substituted by the Seller as additional purchases of goods are made by the Buyer from time to time during the term of 2 this Agreement. However, such an amended payment schedule shall not change the term of this Agreement. Seller may at its option submit to the Buyer monthly statements of the balance due vow the Seller. Except as otherwise provided hereinafter, Seller shall not charge the Buyer any interest whatsoever for the purchases of the goods described in this Agreement. Provided, however, in the event the Buyer fails to make the payments for the goods within thirty (30) days after the scheduled date for payment shown on EXXHIB1T "B ", the Seller shall then charge an annual accrued interest rate of ten percent (10%) for any payment delinquent after this thirty (30) day period. If any payment for the goods remains delinquent for ninety (90) days past the date due as shown on EXHIBIT "B ", then the total remaining outstanding balance of the amount owed to the Seller shall be immediately due and payable to the Seller and the Seller shall charge the Buyer an annual accrued interest rate of ten percent (10 %) for the said total remaining Noe outstanding balance of the amount due and payable to the Seller. In addition, to the extent permitted by law, the Buyer agrees to do all things lawfully within its power to obtain and maintain funds from which the payments are to be made under this Agreement. 6. The goods shall be delivered as is to the Buyer at a place designated by Seller during regular business hours and shall be deemed received by the Buyer at the abovedescribed place of delivery. Partial delivery of the goods described in this Agreement shall be permitted by the Buyer. 7. Buyer shall have the right to inspect the goods at the time and place of delivery. 8. Any risk of loss associated with the goods shall pass to the Buyer upon receipt `'""" of the goods by the Buyer at the place of delivery after inspection has been completed. After receipt of the goods, the risk shall be exclusively the Buyer's. The risk of loss remains with the Buyer, even regarding goods that are subsequently returned to the Seller, until they are received 3 by Seller. 9. The Buyer may not assign the right to receive the goods from the Seller under this �r Agreement without the prior written consent of the Seller. 10. The Seller has made no warranty or representation, express or implied, including the warranty of merchantability or warranty of fitness for a particular purpose, with regard to the goods and as between Buyer and Seller, and Buyer agrees that the goods selected by the Buyer are a proper design, size, fitness and capacity and Buyer is satisfied that the goods are suitable and fit for its purposes. In no event shall Seller be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement or the existence, furnishing or functioning of Buyer's use of any goods provided for in this Agreement. Provided, however, that the Seller will take all appropriate action to transfer warranties existing between the Seller and Ericsson GE Mobile Communications, Inc. contained in the Agreement Now entered into between the Seller and Ericsson GE Mobile Communications, Inc. on November 18, 1993. 11. If any action at law or equity shall be brought on breach of, or to enforce or interpret any terms or conditions of this Agreement, the prevailing party in such action shall be entitled to recover from the other party as part of the prevailing party's costs, reasonable attorneys' fees, the amount of which shall be fixed by the court and shall be made a part of any judgment or decree rendered. 12. All notices, demands or other writing in this Agreement are to be given, or made or sent, or which may be given or made or sent, by either party through this Agreement to the other, shall be deemed to have been given, made or sent when made in writing and deposited in the United States mail, certified, return receipt requested and postage prepaid and addressed 4 as follows: TO SELLER: County Manager County of Volusia, Florida Nay County Administration Building 123 West Indiana Avenue DeLand, Florida 32720 -4612 TO BUYER: City Manager City of Edgewater P. 0. Box 100 Edgewater, Florida 32132 -0100 The address to which any notice, demand or other writing may be given, or made, or sent, as above provided, may be changed by written notice given by such party as above provided. 13. The parties acknowledge that this Agreement is governed by the law of the State Nor of Florida. 14. The terms of this Agreement are intended by the parties as a final expression of their agreement and with respect to such terms, and also as a complete and exclusive statement of such terms. Provided, however, the terms of this Agreement may be subsequently modified in writing upon the mutual consent of both the Seller and the Buyer. 15. The parties specifically acknowledge the Seller's obligations under the Contract for the 800 MHz Trunked Radio System entered into on November 18, 1993 between Ericsson GE Mobile Communications, Inc. and the County of Volusia. IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the day and year first written above. 5 SELLER: COUNTY COUNCIL wr ATTEST: COUNTY OF VOLUSIA B Deputy Clerk Richard M. Kelton, Acting County Manager (SEAL) BUYER: ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Susan J. Wadsworth Jack H. Hayman, Sr. City Clerk Mayor APPROVED FOR FORM & CORRECTNESS: Krista A. Storey City Attorney EXHIBIT A COUNTYWIDE 800MHZ RADIO SYSTEM ITEM DESCRIPTION MODEL OR QTY UNIT ITEM TOTAL COST PROVIDED PRICE ORDERED OF LINE BY ITEM err ** Edgewater FD ORION FRONT MT, SCAN,12W,AEGIS DE D28LG1DE 6 2165.16 .T. 12,990.96 ORION REAR MT DUAL HEAD, AEGIS DE D22A9M 3 3268.36 .T. 9,805.08 MRK I,3 WATT W /HI CAP BAT,AEGIS DE PK1ZGTDE 12 2402.00 .T. 28,824.00 MRK II,3 WATT W /HI CAP BAT,AEGIS DE PK2ZGTDE 3 2890.00 .T. 8,670.00 HI CAPACITY BATTERY PKPA1X 6 84.00 .T. 504.00 DESK CHARGER, 1 HR CH1RK1 12 81.00 .T. 972.00 6 -SLOT MULTICHARGER, 1 HR CH6RK1 1 660.00 .T. 660.00 r MDX FRT.MT. 128GP 25W PM825P 1 1,10.64 .T. 1,10.64 POWER SUPPLY, 12VDC, AS BASE RS -20A 1 100.00 .T. 100.00 BASE STATION INSTALLATION BSI -CII 1 872.00 .T. 872.00 * *Total ** $64,508.68 3 EDGEWATER'S LIFE FORCE EXHIBIT A COUNTYWIDE 800MHZ RADIO SYSTEM ITEM DESCRIPTION MODEL OR QTY UNIT ITEM TOTAL COST PROVIDED PRICE ORDERED OF LINE BY ITEM w ** PUBLIC UTILITIES MDX FRONT MT, 128GRP,25W PM82SP 16 910.64 .T. 14,570.24 PCS SYSTEM, 128 GRP,X HI CAP W/T PC8MGD 11 968.44 .T. 10,652.84 HI CAPACITY BATTERY PCPA1J 4 65.00 .T. 260.00 DESK CHARGER, 1HR CH1RS1 4 74.75 .T. 299.00 6 -SLOT MULTICHARGER, 1 HR CH6RS1 2 448.50 .T. 897.00 COMPACT VEHICULAR CHGR,W /INSTAL PCPS1K 3 71.00 .T. 213.00 * *Total ** $26,892.08 Now Now 4 EDGEWATER'S LIFE FORCE EXHIBIT A COUNTYWIDE 800MHZ RADIO SYSTEM ITEM DESCRIPTION MODEL OR QTY UNIT ITEM TOTAL COST PROVIDED PRICE ORDERED OF LINE BY ITEM ** Edgewater PD ORION FRONT MT, SCAN,12W,AEGIS DE D28LG1DE 1 2165.16 .T. 2,165.16 MRK II,3 WATT W /HI CAP BAT,AEGIS DE PK2ZGTDE 40 2890.00 .T. 115,600.00 HI CAPACITY BATTERY PKPA1X 40 84.00 .T. 3,360.00 DESK CHARGER, 1 HR CH1RK1 40 81.00 .T. 3,240.00 POWER SUPPLY, 12VDC, AS BASE RS -20A 1 100.00 .T. 100.00 BASE STATION INSTALLATION BSI -CII 1 872.00 .T. 872.00 SPEAKER MIC PKAE3A 15 119.00 .T. 1,785.00 VEHICLE CHGR -10W AUDIO H2VO4 14 455.00 .T. 6,370.00 VEHICLE CHGR INSXTAL W /ANTENNA VCI CII 14 80.00 .T. 1,120.00 MAESTRO CONSOLE CRT02 1 15,826.30 .T. 15,8826.30 * *Total ** $150,438.46 Now 5 EDGEWATER'S LIFE FORCE EXHIBIT B PAYMENT SCHEDULE OF EDGEWATER. PHASE I (Semi - annual based upon a total purchase of $241,839.22, for 10 years) Amount Due March 1, 1995 $12,091.96 September 1, 1995 $12,091.96 March 1, 1996 $12,091.96 September 1, 1996 $12,091.96 March 1, 1997 $12,091.96 September 1, 1997 $12,091.96 March 1, 1998 $12,091.96 September 1, 1998 $12,091.96 Now March 1, 1999 $12,091.96 September 1, 1999 $12,091.96 March 1, 2000 $12,091.96 September 1, 2000 $12,091.96 March 1, 2001 $12,091.96 September 1, 2001 $12,091.96 March 1, 2002 $12,091.96 September 1, 2002 $12,091.96 March 1, 2003 $12,091.96 September 1, 2003 $12,091.96 March 1, 2004 $12,091.96 September 1, 2004 $12,091.96 6 EDGEWATER'S LIFE FORCE EXHIBIT C COUNTYWIDE 800MHZ RADIO SYSTEM ITEM DESCRIPTION MODEL OR QTY UNIT ITEM TOTAL COST PROVIDED PRICE ORDERED OF LINE BY ITEM Now ** PARRS AND RECREATION MDX FRT MT. 128 GRP, 25W PM82SP 3 910.64 .F. 2,731.92 PCS SYSTEM, 128 GRP, X HI CAP W/T PC8MGD 8 968.44 .F. 7,747.52 COMPACT VEHICULAR CHGR, W /INSTALL PCPS1K 3 71.00 .F. 213.00 6 -SLOT MULTICHARGER, 1 HR CH6RS1 1 448.50 .F. 448.50 HI CAPACITY BATTERY PCPA1J 3 65.00 .F. 195.00 SPEAKER MIC PCAE1X 3 84.00 .F. 252.00 * *TOTAL ** $11,587.94 Nur 'err►' 7 EDGEWATER'S LIFE FORCE EXHIBIT C COUNTYWIDE 800MHZ RADIO SYSTEM ITEM DESCRIPTION MODEL OR QTY UNIT ITEM TOTAL COST PROVIDED PRICE ORDERED OF LINE BY ITEM Vow ** COMMUNITY DEVELOPMENT MDX FRT MT 128GRP 25W PM825P 6 910.64 .F. 5,463.84 PCS SYSTEM, 128GRP X HI CAP W/T PC8MGD 5 968.44 .F. 4,842.20 VEHICLE CHARGER W /INSTALL PCPS1K 5 71.00 .F. 355.00 6 -SLOT MULTICHARGER, 1 HR CH6RS1 1 448.50 .F. 448.50 POWER SUPPLY 12VDC AS BASE RS -20A 1 100.00 .F. 100.00 BASE STATION INSTALLATION BSI CII 1 872.00 .F. 872.00 SPEAKER MIC PCAE1X 5 71.00 .F. 355.00 * *TOTAL ** $12,501.54 limw law 8 EDGEWATER'S LIFE FORCE EXHIBIT C COUNTYWIDE 800MHZ RADIO SYSTEM ITEM DESCRIPTION MODEL OR QTY UNIT ITEM TOTAL COST PROVIDED PRICE ORDERED OF LINE BY ITEM ** CITY HALL ADMINISTRATION MDX FRT MT 128GRP 25W PM82SP 2 910.64 .F. 1,821.28 POWER SUPPLY 12VDC AS BASE RS -20A 1 100.00 .F. 100.00 BASE STATION INSTALLATION BSI CII 1 872.00 .F. 872.00 * *TOTAL ** $2,793.28 *note: this is for Utility Billing base station and City Administration car.* 9 EDGEWATER'S LIFE FORCE EXHIBIT C COUNTYWIDE 800MHZ RADIO SYSTEM ITEM DESCRIPTION MODEL OR QTY UNIT ITEM TOTAL COST PROVIDED PRICE ORDERED OF LINE BY ITEM 'or ** PUBLIC WORKS MDX FRT MT. 128 GRP, 25W PM82SP 32 910.64 .F. 29,140.48 POWER SUPPLY, 12VDC, AS BASE RS -20A 1 100.00 .F. 100.00 PCS SYSTEM, 128 GRP, X HI CAP W/T PC8MGD 6 968.44 .F. 5,810.64 DESK CHARGER, 1 HR CH1RS1 6 74.75 .F. 448.50 HI CAPACITY BATTERY PCPA1J 6 65.00 .F. 390.00 SPEAKER MIC PCAE1X 1 84.00 .F. 84.00 BASE STATION INSTALLATION BSICII 1 872.00 .F. 872.00 * *TOTAL ** $36,845.62 10 EDGEWATER'S LIFE FORCE EXHIBIT c PAYMENT SCHEDULE OF EDGEWATER. PHASE II To be funded for purchase in FY. 1996 (Semi - annual based upon a total purchase of $63,761.40, over 9 years) low March 1, 1996 $3,540.47 September 1, 1996 $3,540.47 March 1, 1997 $3,540.47 September 1, 1997 $3,540.47 March 1, 1998 $3,540.47 September 1, 1998 $3,540.47 March 1, 1999 $3,540.47 September 1, 1999 $3,540.47 March 1, 2000 $3,540.47 September 1, 2000 $3,540.47 March 1, 2001 $3,540.47 September 1, 2001 $3,540.47 March 1, 2002 $3,540.47 September 1, 2002 $3,540.47 March 1, 2003 $3,540.47 September 1, 2003 $3,540.47 March 1, 2004 $3,540.47 September 1, 2004 $3,540.47 11 EDGEWATER'S LIFE FORCE S.D. AGENDA REQUEST C. A. No.: 94 -139 Date: December 13, 1994 NEW UNFINISHED CONSENT 12/19/94 BUSINESS BUSINESS PUBLIC HEARING RESOLUTION ORDINANCE ITEM DESCRIPTION /SUBJECT: Voluntary Cooperation Agreement between the State Attorney's Office and the City of Edgewater Police Department. BACKGROUND: Pursuant to Chapter 23, Part 1, Florida Statutes (1994), attached please find a proposed Voluntary Cooperation Agreement with the State Attorney's office. The Agreement provides the authorization /coordination where each law enforcement agency may request and /or render assistance of a routine law enforcement slaw nature across their respective jurisdictional lines in the joint investigation, enforcement and /or apprehension of violators. When responding outside of their jurisdictional limits, each agency shall be responsible for the costs associated with such activities. Chapter 23, Florida Statutes, provides that whenever employees of a law enforcement agency are rendering aid outside its jurisdiction pursuant to a mutual aid agreement, such employees shall have the same powers, duties, rights, privileges and immunities as if they were performing their duties within the political subdivision in which they are normally employed. RECOMMENDATION /CONCLUSION: The City is currently a party to a similar Voluntary Cooperation Agreement that will terminate on December 31, 1994. The proposed Agreement will continue in effect through December 31, 1996. Staff recommends that the City Council approve the Voluntary Cooperation Agreement and authorize the Chief of Police to execute the document on behalf of the City Council. Now FUNDS AVAILABLE: ACCOUNT NUMBER: (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, K i.ta A. torey� City Attorney Concurrence: I C /C-idL- Ferdinand Munoz wrence F. Schumaker Acting City Manager Chief of Police KAS /rmw Attachment Nor Copy to: File Reading Iftw EDGEWATER POLICE DEPARTMENT VOLUNTARY COOPERATION AGREEMENT Witnesseth WHEREAS, it is the intent of this agreement to ensure that the coordination and preparation of law enforcement will be enhanced so as to protect the public peace and safety, and preserve the lives and property of the people; in dealing with the ever increasing complexities of multi - jurisdictional criminal activity and; WHEREAS, the enforcement of Chapter 782, Chapter 787, Chapter 794, Statute 800.04, Statute 806.01, Chapter 810, Chapter 812, Chapter 827, Chapter 893, Chapter 895, Chapter 896, and `o r Statute 775.0843, Florida Statutes (1994), continues to be a serious law enforcement concern that requires cooperative investigative and enforcement activities, and WHEREAS, in response to this criminal activity that encompasses numerous law enforcement jurisdictions, the undersigned agencies wish to enter into a Voluntary Cooperation Agreement for the purposes of jointly investigating and enforcing Chapter 782, Chapter 787, Chapter 794, Statute 800.04, Statute 806.01, Chapter 810, Chapter 812, Chapter 827, Chapter 893, Chapter 895, Chapter 896, and Section 775.0843, Florida Statutes (1994), and other related criminal activities, and WHEREAS, the undersigned law enforcement agencies have the authority under Chapter 23, Part 1, Florida Statutes (1994), the Florida Mutual Aid Act, to enter into this Voluntary Cooperation Agreement. NOW, therefore, the parties agree as follows: NOW THEREFORE BE IT KNOWN that the undersigned law enforcement agencies hereby approve and enter into this agreement whereby each of the agencies may request and /or render assistance of a routine law enforcement nature across their respective jurisdictional lines in the joint investigation, enforcement and /or apprehension of violators of Chapter 782, Chapter 787, Chapter 794, Statute 800.04 Statute 806.01, Chapter 810, Chapter 812, Chapter 827, Chapter 893, Chapter 895, Chapter 896, and Section 775.0843, Florida Statutes (1994), and other related criminal activities pursuant to section 23.1225(1) Florida Nay Statutes (1994). SECTION I CASE INITIATION The Seventh Judicial Circuit State Attorney agrees to designate one of his investigators as "group coordinator" to work with the group in furthering the administration and coordination of matters in conjunction with this agreement. To facilitate the operation of this group, each agency head shall designate an agency representative to implement this agreement. A case or `o investigation may be initiated by an agency representative contacting the group coordinator, who upon review may proceed in a timely manner to organize a consulation of the agencies 2 involved wherein the goals of the investigation, and the techniques to be utilized therein will be discussed and agreed upon. The State Attorney group coordinator shall determine when law and whether assistance under this agreement will be available. All assistance provided or actions taken shall be in accordance with this agreement. Each agency that provides assistance shall maintain command and supervisory responsibility for the employees furnished pursuant to this agreement. A prosecutor will be assigned to advise on legal matters concerning this investigation. SECTION II POWERS, PRIVILEGES, AND IMMUNITIES I1rr Whenever the employees of a law enforcement agency party of this agreement are rendering aid outside its jurisdiction to another law enforcement agency pursuant to the agreement contained herein, such employees shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivision in which they are normally employed. The political subdivision of the law enforcement agency that furnishes any equipment pursuant to this agreement shall bear the "'' loss or damage to such equipment and shall pay any expense incurred in the operation and maintenance thereof. The political subdivision of the law enforcement agency 3 furnishing aid pursuant to this agreement shall compensate its employees during the time of rendering such aid and shall defray the actual travel and maintenance expenses of such employees * while they are rendering such aid, including any amounts due for compensation for personal injury or death while such employees are engaged in rendering such aid. The political subdivision of the law enforcement agency furnishing aid pursuant to this agreement agrees to retain full responsibility for the actions, compensation, retirement, insurance and discipline of their respective personnel, and shall bear the full liability arising from acts undertaken by its personnel pursuant to this agreement. All of the privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, workers compensation, salary, death and other benefits which apply to the activity of such officers, agents or employees of any such agency when performing their respective functions within the territorial limits of their respective public agencies shall apply to them to the same degree, manner, and extent while engaged in the performances of any of their functions and duties extraterritorially under the provisions of this mutual aid agreement. The provisions of this agreement shall apply with equal effect to paid, volunteer, and auxiliary employees. 4 SECTION III 'ti.► DURATION This agreement shall be effective from date of filing pursuant to Section 23.1225(4), Florida Mutual Aid Act through and including December 31, 1996. This agreement may not be severed, amended or extended except in writing. SECTION IV WITHDRAWAL Any party to this agreement may withdraw upon written notice Now to all parties and IN WITNESS THEREOF, the parties hereto cause these presence to be signed by their duly authorized officers. CHIEF LAWRENCE SCR DATE EDGEWATER POLICE DEPARTMENT STATE ATTORNEY'S OFFICE Nor° STEVE ALEXANDER DATE STATE ATTORNEY SEVENTH JUDICIAL CIRCUIT 5 5 .E. AGENDA REQUEST Date: December 12, 1994 NEW UNFINISHED CONSENT XXX BUSINESS BUSINESS PUBLIC HEARING RESOLUTION ORDINANCE ITEM DESCRIPTION /SUBJECT: Request to enter into agreement for Odor Control System for Wastewater Treatment Plant Headworks. BACKGROUND: Adapco, Inc. is the company the wastewater department has evaluated and is using for odor control at the lift station at 27th Street and Fern Palm Drive. This company has consented to extend bid prices from Hillsborough County bid #533 -92 to the City of Edgewater. RECOMMENDATION /CONCLUSION: The way the bid is structured, it will save the City $5,000 in capital costs that were budgeted due to the fact the chemical supplier will supply and service all dispensing equipment. The City agrees to purchase one (1) 55 gallon drum of chemical per month, which is our estimated demand at the bid price of $18.00 per gallon. I ask for approval of the bid contingent upon the City Attorney's review of the contract language. FINANCIAL IMPACT: $11,880 in chemical costs FUNDS AVAILABLE: ACCOUNT NUMBER: 40535/53521 (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PRESENTED BY: Terry A. Wadsworth, Director of Utilities PREVIOUS AGENDA ITEM: YES NO XX Date: Agenda Item No. Respectfully submitted: Concurrence: Terry A. 15 , dsworth a, George E. McMahon Director of Utilities City Manager TAW:blj ,rNi rLL ■_,,, L■C._ l_I_. 1,-4 1 L. 11 • Now ADAPCOIINC December 8, 1994 City of Edgewater Attn: Terry Wadsworth Edgewater, Fl. 32132 (f) 904 - 4242463 Dear Terry, Adapco, Inc. will honor the $18.00/per gallon price as on the Hillsborough bid # 533 -92. Mapco, Inc. will supply the chemical feed panal and nozzles. The chemical feed panal Now and nozzles that will be used by the City of Edgewater will remain Adapco's equipment. The City of Edgewater will purchase a minimum of 660 gallons annually opposed to the 2,880 gallons on the Hillsborough bid # 533 -92. Please call for further information. n ereJ.y, Patrick Anthony Special Products Division ,, . • , • • AGENDA REQUEST C.A. NO.: 94 -135 Date: December 12, 1994 Now NEW UNFINISHED CONSENT 12/19/94 BUSINESS BUSINESS PUBLIC HEARING RESOLUTION ORDINANCE ITEM DESCRIPTION /SUBJECT: Addendum Number 1 to Agreement with Quentin L. Hampton Associates, Inc. for Value Engineering Report and Validation of Unit Items Related to Florida Shores Roadway Improvement Project BACKGROUND: At the December 5, 1994 meeting, the Council discussed with Rick Fernandez of Quentin L. Hampton Associates, Inc. (QLH) provision of the Value Engineering Report and validation of unit items related to the Florida Shores Roadway Improvement project. Attached is a copy of Addendum Number 1 to the September 19, 1994 Continuing Services Agreement with QLH setting forth these services for a fee of $5010.00. Now RECOMMENDATION /CONCLUSION: Staff recommends that the City Council consider approval of Addendum Number 1 to the September 19, 1994 Agreement with QLH. FUNDS AVAILABLE: ACCOUNT NUMBER: Capital Project Fund 30541 -52310 Stormwater Mgt /Maint.Fund48538 -56650 (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO XXX DATE: AGENDA ITEM NO. Respectfull. submitted, C cur nce: AL - ( I ' 1itl_:/ Kr -ta A. Storey Ferdinand Munoz City Attorney Acti % City Manager Nor' / No L - ( -� c � Z ll-LL Kyle' W. 4egle City Enginee KAS Attachment ADDENDUM NUMBER 1 TO AGREEMENT DATED SEPTEMBER 19, 1994 BETWEEN CITY OF EDGEWATER, FLORIDA AND QUENTIN L. HAMPTON ASSOCIATES, INC. By Agreement made and entered into this day of , 1994, by and low between the City of Edgewater, Volusia County, Floirda, hereinafter called the "City ", party of the first part and Quentin L. Hampton Associates, Inc., a Florida corporation having its office in Port Orange, Florida, hereinafter called the "Consultant ", party of the second part. 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 the following: 1) The Consultant shall provide engineering services as described in Exhibit I of Addendum Number 1. 2) In consideration for the proposed scope of work, the City shall pay the Consultant in the manner established in Exhibit I of Addendum Number 1. 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 here to. w IN WITNESS HEREOF the parties have made and executed this Addendum the day and year written above. CITY OF EDGEWATER VOLUSIA COUNTY, FLORIDA Attest: By Susan J. Wadsworth Jack H. Hayman, Sr. City Clerk Mayor APPROVED AS TO FORM AND CORRECTNESS: By Krista S. Storey City Attorney QUENTIN L. HAMPTON ASSOCIATES, INC. 'rlrr Witness By Richard W. Fernandez, P.E. Witness President ADDENDUM NUMBER 1 TO AGREEMENT DATED SEPTEMBER 19, 1994 BETWEEN CITY OF EDGEWATER AND QUENTIN L. HAMPTON ASSOCIATES, INC. it EXHIBIT I Pre -Bid and Bid Phase Services 1. The Consultant agrees to furnish general engineering services during the pre -bid and bid period for the project titled "Florida Shores Roadway Improvements ". 2. The specific services to be provided are as follows: a. The Consultant will prepare a "Value Engineering Report" that will review the paving and drainage components of the project and offer alternatives that may reduce the construction cost. b. The Consultant will validate the unit items contained within the 100% project design plans. The validation will be used in the evaluation of project cost reductions resulting from the deletion of certain elements of the work. c. The Consultant will provide additional service as requested by the City. It is contemplated that this service will be "as needed" and will be used to assist the City in the acquisition of a construction contract for Florida Shores Roadway Improvements. It is understood that any changes in the Florida Shores Roadway Improvements Project that are made by addendum are at the direction of the City of Edgewater and not by the Consultant. Pre -Bid and Bid Phase The man hours for Items 1 and 2 are based upon our estimate for this project. Compensation for Item 3 will be based upon the Payment Schedule in Exhibit A of the Contract and the actual man hours utilized for these additional services requested by the City. Description Man Hours Rate Cost Project Manager 35 $90.00 $3,150 Project Engineer 20 $63.00 $1,260 Administrative Aide 20 $30.00 $ 600 `ow Total This Addendum $5,010 GA AGENDA REQUEST C.A. NO.: 94 -136 Date: December 12, 1994 `— NEW UNFINISHED CONSENT BUSINESS 12/19/94 BUSINESS PUBLIC HEARING RESOLUTION ORDINANCE ITEM DESCRIPTION /SUBJECT: Addendum Number 2 to Agreement with Quentin L. Hampton Associates, Inc. (QLH) for Construction Administration, Observation and Resident Services Related to Florida Shores Roadway Improvement Project BACKGROUND: Attached is a copy of proposed Addendum Number 2 to the September 19, 1994 Continuing Services Agreement with QLH setting forth construction administration, observation and resident services for the Florida Shores Roadway Improvement project for a fee of $383,480.00. Now RECOMMENDATION /CONCLUSION: Staff recommends that the City Council consider approval of Addendum Number 2 to the September 19, 1994 Agreement with QLH. FUNDS AVAILABLE: ACCOUNT NUMBER: Capital Project Fund 30541 -52310 Stormwater Mgt. /Maint.Fund48538- 56650 (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO XXX DATE: AGENDA ITEM NO. Resp - ctfully submitted, C ncu nce Kr'sta A. S orey j Ferdinand Munoz City Attorney Acting City Manager ( C-'. L ' � Kylg' W. Fegl h-1 - City Engin er1. KAS Attachment ADDENDUM NUMBER 2 TO AGREEMENT DATED SEPTEMBER 19, 1994 BETWEEN CITY OF EDGEWATER, FLORIDA AND QUENTIN L. HAMPTON ASSOCIATES, INC. By Agreement made and entered into this day of , 1994, by and between the City of Edgewater, Volusia County, Floirda, hereinafter called the "City ", party of the first part and Quentin L. Hampton Associates, Inc., a Florida corporation having its office in Port Orange, Florida, hereinafter called the "Consultant ", party of the second part. 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 the following: 1) The Consultant shall provide engineering services as described in Exhibit I of Addendum Number 2. 2) In consideration for the proposed scope of work, the City shall pay the Consultant in the manner established in Exhibit I 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. CITY OF EDGEWATER VOLUSIA COUNTY, FLORIDA Attest: By Susan J. Wadsworth Jack H. Hayman, Sr. City Clerk Mayor APPROVED AS TO FORM AND CORRECTNESS: By Krista A. Storey City Attorney QUENTIN L. HAMPTON ASSOCIATES, INC. Nor • • —rid iL ' L B y � / Witness / Richard ` . Fernand: .E. // President • ADDENDUM NUMBER 2 TO AGREEMENT DATED SEPTEMBER 19, 1994 BETWEEN CITY OF EDGEWATER AND QUENTIN L. HAMPTON ASSOCIATES, INC. EXHIBIT I Construction Administration and Observation 1. During the construction phase the Consultant shall: a. Conduct a pre- construction conference with the Contractor, subcontractors, and City. b. Consult with, advise and represent the City in the administration of the construction contracts; and report to the City at appropriate intervals on construction progress and costs. c. Visit the project site at least weekly to observe the progress and quality of the construction and its general conformance with the Contract Documents; notify the City of observed work which does not conform to the Contract Documents and make recommendations to the City for its correction; and, when authorized by the City, instruct the Contractor to carry out the low corrective measures. d. When authorized by the City, prepare change orders required for correction or minor modifications of the Contract Documents. The Consultant shall prepare supplementary sketches required to resolve field condition problems. In the event that redesign of the project plans is required to accomplish the work, the plan modifications shall be accomplished as described in paragraph 5 of the Consulting Services Agreement. e. Review shop drawings and other required Contractor submittals for general conformance with the Contract Documents and design concepts. f. Review laboratory, shop and mill test reports on materials and equipment. g. The Contractor shall coordinate and organize test reports of the testing program to document that the quality of the work and the performance of the Contractor meets the conditions of the Contract Documents. The testing laboratory will be retained by the City. h. Attend weekly or as called progress meetings with the Contractor, review the Contractor's applications for payment and the accompanying data and schedules, determine the amounts owed to the Contractor, and advise the City of the recommended payments to the Contractor. i. Issue instructions from the City to the Contractor and issue necessary interpretations and clarifications of Contract Documents. j. Observe initial operation of the Project and performance tests required by the specifications. Addendum No. 2 - Exhibit I Page 2 of 4 Pages k. Conduct final site visits to determine if the work has been completed in substantial accordance with the Contract Documents and if the Contractor has fulfilled his obligations thereunder, so that the Consultant may recommend ` that the City makes final payment to the Contractor and release of retained percentages, if any. 1. Provide one set of reproducible record drawings to the City incorporating significant changes made during construction, based on information and drawings furnished to the Consultant by the Contractor. 2. The Consultant shall not be responsible for the acts or omissions of the City or the Contractor or any subcontractor, or any of the City's Contractors', or subcontractors' agents or employees performing any of the work of the project, or any other person except his own employees or agents. The Consultant shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the work, and he shall not be responsible for the Contractor's failure to carry out the work in accordance with the Contract Documents. Resident Services During Construction 1. Resident Project Representatives will be furnished, and will act as directed by the Consultant to assist the Consultant in observing performance of the work of the Contractor. The City shall be granted the right to evaluate and act upon the 'o"'' acceptability of any and all Resident Project Representatives to be used in this project pursuant to the terms and conditions set forth herein. The City will consider the qualifications of the individual and will not unduly withhold approval. 2. Through more extensive on -site observations of the work in progress and field checks of materials and equipment by the Resident Project Representatives, the Consultant shall endeavor to provide further protection for the City against defects and deficiencies in the work by the Contractor, but the furnishing of such Resident Project Representatives will not make the Consultant responsible for construction means, methods, techniques, sequences or procedures or for the safety precautions or programs, or for the Contractor's failure to perform their work in accordance with the Contract Documents. The Consultant shall remain liable for his own negligence in carrying out his duties under construction, administration and observation. 3. The Resident Project Representatives shall be the Consultant's primary liaison with the Contractor and shall work principally with Contractor's on -site superintendents. The Resident Project Representative shall not: a. Authorize any deviation from the Contract Documents or approve any Now substitute materials or equipment without the approval of the Consultant. b. Undertake any of the responsibilities of the Contractor, subcontractor, or their superintendents, or expedite work for them. c. Advise on, give directions relative to, or assume control over any aspect of the means, methods, techniques, sequences, or procedures of construction unless specifically called for in the Contract Documents. Addendum No. 2 - Exhibit I Page 3 of 4 Pages d. Advise on, give directions relative to, or assume control over any safety precautions or programs in connection with the work. , 4. The Resident Project Representatives shall be persons assigned by the Consultant and approved by the City. 5. The Resident Project Representatives shall be present at the construction site for such times as are necessary to properly observe all phases of construction. The Consultant may remove the Resident Project Representatives from the construction site(s) with the City's concurrence if the Construction Contractor is inactive for an extended period of time. 6. Maintain a daily log depicting general construction activity, manpower, equipment, deliveries, substantial deviations to the project and submit logs to the City on a weekly schedule. 7. a. Prior to the City issuing a certificate of substantial completion advise the City of outstanding items and issue the punch list to the Contractor. b. Review the outstanding items and conduct a field investigation with the City for assurance the outstanding items have been addressed and corrected prior to the City issuing Final Completion. 8. a Notify the City immediately if the Resident Project Representative believes the Contractor is not adhering to the Contract Documents or work appears to be unsatisfactory or defective in nature. b. Inform the Contractor and report to the City when the Contractor commences with work without approval of the applicable shop drawing. Compensation Construction Administration and Observation Based upon our experience with similar projects, we propose the following manpower schedule for construction administration and observation. Description Man Hours Rate Cost Project Manager 400 $90.00 $36,000 Administrative Aide 500 $30.00 $15,000 Sub -Total $51,000 Addendum No. 2 - Exhibit I Page 4 of 4 Pages Resident Service During Construction tow full Resident project Representatives man hours are based upon a staffing of two full time inspectors and one part time Supervisory Inspector. Description Man Hours Rate Cost Construction Project Manager 1,272 $40.00 $ 50,880 Construction Project Representative 8,800 $32.00 $281,500 Sub -Total $332 480 Total This Addendum $383 480 air c. AGENDA REQUEST Date: December 12, 1994 NN" NEW UNFINISHED CONSENT BUSINESS XXX BUSINESS PUBLIC HEARING RESOLUTION ORDINANCE ITEM DESCRIPTION /SUBJECT: Lighting Upgrade in City facilities. Energy Policy Act of 1992. BACKGROUND: Please see attached memo, contract and FPL Program information. RECOMMENDATION: Request approval for the Retrofit Program, Agreement and Funding Plan. FUNDS AVAILABLE: ACCOUNT NUMBER: Utilities, Refuse, Stormwater and the Self Insurance Fund (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PRESENTED BY: PREVIOUS AGENDA ITEM: YES NO DATE: AGENDA ITEM NO. Respectfully submitted, "ILL"°4-4 Hugh . Williams Director of Public Works Conc rrence: Nor L.;-// George E. McMahon f dr- City Manager dpw12 -07.94 THE CITY OF EDGEWATER PUBLIC WORKS DEPARTMENT P.O. BOX 100 409 MANGO TREE DRIVE EDGEWATER, FLORIDA 32132 -0100 (904) 424 -2476 FAX (904) 424 -2480 N "' DATE: December 12, 1994 TO: George cMahon, City Manager FROM: Hugh D. 'ilia s, Director of Public Works SUBJ: Lighting Upgrade Energy Policy Act of 1992 It is recommended that the City retrofit all of it's buildings containing fluorescent lights. ► Will meet the Energy Policy Act requirements for energy reduction. ► Provides a direct cash rebate of $8,399.00 from Florida Power & Light to the City. ► Removes all fluorescent bulbs from City facilities and the problem of the hazardous waste disposal with used bulbs. Energy Savers Inc. did a building by building survey in October of 1994, reviewed City energy Itow history with Florida Power & Light and reviewed actual electric bills for both dollar amount and usage. Based on this review, an energy lighting retrofit plan was developed. COST $41,547.00 FPL REBATE ($ 8,399.00) ACTUAL COST TO CITY $33,148.00 YEARLY SAVINGS $14,052.00 INVESTMENT RECAPTURE WILL BE 28 MONTHS It is proposed that Utilities, Refuse and Stormwater will pay their prorate share up front. Balance will be financed by the Insurance Fund with the monthly savings to be equal to the monthly repayment to the fund. Request Council Approval on the following: 1. Approve retrofit program 2. Authorize approval of agreement 3. Approve funding plan (Self Insurance Fund) ' HDW:twh att: Contract 10 -10 -94 Proposal FPL Program Information dpw 12 -05.94 ENERGY SAVERS, INC. MODERIZATION AGREEMENT & SPECIFICATIONS CITY OF EDGEWATER 104 N. RIVERSIDE DR. EDGEWATER, FL 4111 TOTAL OF ALL BUILDINGS PROJECT # 341 MATERIALS & INSTALLATION Any Installation of materials shall be done by licensed technicians in accordance with the latest codes as approved by the local governing body. Work shall commence and be completed with due haste. In some cases fixtures may share a ballast Products may be substituted for equals In certain Instances. Electronic ballasts shall be by GE, Goldstar, Motorola, Magnetek, or other FPL approved Mfg.. Lamps shall be by GE. Sylvania, or Philips. ADDITIONS & ALTERATIONS: Deviations from above specifications involving extra cost will be executed upon written order, and will become an extra charge, over and above the contract price as stated. WARRANTIES: To insure a trouble free operation of the lighting system at your facility, ENERGY SAVERS warrants and will oversee the performance of the system as follows: All ballast are guaranteed by the manufacturer for 5 years, plus labor replacement of $10.00 EA. All lamps are guaranteed for 1 year with a new replacement. *ow REBATES: Utility rebates may be subject to change, any change in rebate will be adjusted in the final invoice to the client and payment to this vendor. AT THE CONTRACT SIGNING $16,574 UPON COMPLETION $16,574 NET INVESTMENT $33,148 FP &L REBATE PAID TO THE VENDOR $8,399 TOTAL $41,547 This Proposal DOES NOT include disposal of lamps or ballasts in accordance with applicable State or EPA requirements, unless otherwise so stated in this proposal. We will have your lamps removed from the site by a licensed Enviromential Waste Disposal company. The approx. fee is: $1,345 Total The proper disposal of ballast containing P.C.B.'s ( those mfg. before 1979) Is: $6 Each Note: The price quotations in this proposal is subiect to change If not accepted within 60 days. Acceptance of this proposal by other instrument shall act as agreement of the complete proposal. In case of dispute this proposal shalt prevail. ACCEPTANCE OF PROPOSAL The above price and specifications are satisfactory and are hereby accepted. You are authorized to proceed with the work as specified. AUTHORIZED SIGNATURE DATE OF ACCEPTANCE �■�s ENERGY SAVERS, INC. ENERGY EFFICIENT SYSTEMS AND ENVIRONMENTAL TECHNOLOGIES ■/ CONSULTANTS + DESIGNERS ® CONTRACTORS EXECUTIVE SUMMARY OCT. 10, 1994 CITY OF EDGEWATER 104 N. RIVERSIDE DR. EDGEWATER, FL. ATTEN: MR. HUGH WILLIAMS RE: Energy Conservation Analysis .. LIGHTING Project: CITY OWNED BUILDINGS Proposal # 94 -326 TO 340 TOTALED AS 341 Dear MR. WILLIAMS; We are pleased to provide the following Proposal and Energy analysis from our audit of your facility. This analysis is an audit of your building's LIGHTING SYSTEM. The analysis reflects the approximate expenditures you can expect based upon your usage factors, products currently in use and other vital data you have supplied. The same data is applied in formulating and calculating recommended energy - iving conversion products for an accurate evaluation of available . Our Corporate Mission is to formulate the appropriate Integration of these Technologies and design the most beneficial system for our clients. ENERGY SAVERS has selected only quality products and manufacturers. We have maximized your energy savings using the most efficient products and technologies available today. You will, in fact, have superior products with longer life and less maintenance costs as a result of the technologies we have proposed for your facility. As you review our proposal and investment analysis, we are confident that you will recognize the financial opportunities it represents and that this investment is a decision that should be implemented immediately. The new lighting products we have selected meet the provisions and compliance of the Energy Policy Act of 1992 (p.l. 102 -485), qualify for FPL utility rebates and meet all I.E.S. standards. Energy Savers is an authorized representative for the FPL Rebate Program, and will provide all documents necessary for the rebates. This proposal includes the availability of a Revenue Sharing - Lease rchase Program for your consideration. The proposed project can be i ttcomplished with a minimum capital outlay and provides you the attractive advantage of not disturbing current lines of credit. ENERGY SAVERS is in alliance with the largest financial group that provides funding for Energy Retrofit Programs. We would be pleased to provide further information about this innovative alternative. 1127 SOUTH PATRICK DRIVE • SUITE 27 • SATELLTE BEACH, FL 32937 • (407) 777 -7193 • FAX: (407) 777 -2849 We have designed a system to maintain as closely as possible the e-- iginally designed light levels of your facility. ENERGY SAVERS, will provide new Electronic Ballast, which represent the best /Slue, for product efficiency and reduction of harmonic distortion. INVESTMENT ANALYSIS SUMMARY MATERIALS and INSTALLATION: Total Investment: $ 41,547.00 FP &L Rebate: $ 8,399.00 Net Investment for conversion products, 33,148.00 after FP &L rebate, with taxes included: $ Total Annual Savings: $ 14,052.00 Investment Recapture Period: 28.3 Months Return on Investment: 42.4% This proposal DOES NOT include disposal of lamps or ballasts, except as an Alternate price. PLEASE LOOK AT INDIVIDUAL PROPOSALS FOR PRICES. Er We would be pleased to answer any additional questions or provide further information. We look forward to working with you on this project. Sincerely, Louis Iannazzi President err • TOTAL INVESTMENT AND SAVINGS MATERIALS & INSTALLATION TOTAL INVESTMENT: $41,547 UTILITY REBATE: $8,399 NET INVESTMENT: $33,1 48 ANNUAL SAVINGS: $1 4,052 INVESTMENT RECAPTURE PERIOD: 28.3 MONTHS RETURN ON INVESTMENT: 42.4% FIVE & TEN YEAR Novo � 180 160 0 0 SAVINGS 1 il 40 OA 0 - c 120 n i 100 / $77 648 / ' c o L so OA ,?L r ii 0 60 op $ 148 40 20 INVESTMENT * FIVE YEAR * TEN YEAR SINCE 1973, energy costs for commerical users have risen an average of 5% * ANNUALLY hosts increase as they have in the past 20 years your investment will increase as shown. • SOURCE: THE U.S. DEPT. OF ENERGY, ANNUAL ENERGY REVIEW 41 TOTAL OF ALL BUILDINGS • s.. 0 N ct 0 4-1, bb CD `� O o o a~ ° '° CO) L o ° o ›,0 04 mow ;k — o) •� Q 3 . 0 Q " ti ca., NwO >..,p . s. 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RIVERSIDE DRIVE f B�ppx 100 - F,d ev[,ter, Florida 30100 -- (4e4�'42843285 = a n f X83 - 2005 2132 - A 1OS A 'r'ALI - rf G` e 12 ?C`;n % L " C� \/ Q Akikt,e, j we i is a 56 2 8 Y-re. c- j r4(7) - c4.% /s 4 es,✓S, _ 1 l ea E �C -ter -�-s D-.S c. u� si o ", Orin - e �e-Xd (Pee; , �� r 0 4 -! /Pa X 1 7' /i9gi �� n� �� "° ` '^s=y��0� ~ - � �� _- .~� . K�Y�� - '14m, . Edgewater haynr and City Council ' Edgewater City Hall ' 104 H.kiv*rsjde Drive / ^ i • � Edgewater, Florida 32132 / • / iu PROJECT GRADUATION P.O. Box 2712 New Smyrna Beach, Florida 32170 Dear Mr. Hayman:: The parents of this year's New Smyrna Beach High School graduating class are anxious to give our seniors an accident-free graduation night. We would like to provide them with the party which has been a tradition for the past nine years, namely an all-niqhi alco-hol and drug-free boat cruise, complete with food and drinks, dance music and prizes. Edgewater City Comnci} was kind enough to help last year in this *Iiirwcommunity effort to keep our seniors sare oo a night when excii runs high, and young people are more apt to resort to extreme or inappropriate behaviours in their efforL to make the evening' memorable. For the past nine years Project Graduation has succeeded in makihg the community safer for our graJuates. We hope that we can count on your support again this year. Project Graduation would to be put on the agenda for the December meeting of the Edgewater City Council so that we can discuss • this •matLer. Any correspondence relating to our attendance aL this meeting'may be sent to the above address, or you may phone: Margie Atkinson 428-8429 Thank you for your cooperation. • - - - Si l -- . _ vw ' -�� -� � 41~' ��tepr��nie Debry ^�- -- '- - — 107 Via Capri __ _ - • New Smyrna Beach, Florida 32169 • Phone: 427-8579 ' ' ' ^ ' . ,-..-• .--`' �. � � .`�'� ' • � ^ •�'' • . --� �� ` .. `� ' ' -. • A • • =r JJE f G-off a DW � I a \ l • � , �J J. J r New Smyrna Beach High School Class of 1995 WE ARE CELEBRATING TEN YEARS OF PROJECT GRADUATION!!! June 2, 1995 is a milestone, not only in the lives of Seniors graduating from New Smyrna Beach High School, but in the life of the community. For the past nine years, local businesses, professionals, private organizations and individuals have contributed generously to provide our Seniors with an accident free graduation night. Plans are now being made for the Class of '95 to also enjoy an alcohol and drug free evening. The all night riverboat ride, complete with food, entertainment and prizes, has become a school tradition, and this year's graduating class is anxious to carry on the program. The success and value of PROJECT GRADUATION has been observed by every high law school in Volusia County as well as by many others in the state and nation. This program can continue only through the generous support of community leaders like yourselves. If you have contributed in the past, we appreciate your support and ask that you continue to help. If you are new to the project, please join a group of very special friends. Your donations will make this evening happen. If you wish to make a donation, please make your check payable to: PROJECT GRADUATION P.O. Box 2712, New Smyrna Beach, FL 32170 Any area businesses wishing to donate prizes or scholarship, please contact any of the board members. Unless you request otherwise, all donations are recognized. THANK YOU VERY MUCH FOR YOUR GENEROSITY AND SUPPORT! 1995 Project graduation Committee Board Members: ,, Margie Atkinson 428 -8429 Vickie Hall 427 -4965 ow Karen Heaton 427 -0141 Linda Reader 427 -8939 Stephanie Debry 427 -8759 If you need information and cannot reach one of our members, you can call Linda Martin, Senior Class Sponsor, at 427 -4155. 4, f. risme- ••• 7 h' F. VOLUSIA COUNTY Nifty MEDIATION SERVICES October 17, 1994 • George McMahon, City Manager',,'; CITY OF EDGEWATER Post Office Box 100 Edgewater, 32132 Dear Mr. McMahon: On May 17, 1994 Volusia County Mediation Services sent the City of Edgewater a request for funding. To date, we have not recieved any notification as to whether or not we were awarded any monies, and this is causing us concern. This year we helped 121 of your citizens with problems and set up 51 Mediation Hearings for Edgewater residents. Additionally, we received a call from the office of your City Attorney requesting our assistance with a problem many of your citizens were having with a construction company doing business with the City of Edgewater. In September and October we handled 89 telephone calls about this problem from your residents and set up 56 Mediation Hearings, so far, here in our office. Even more hearings may be necessary. At the circuit court level these mediation services cost $175.00 per hour so the savings to your taxpayers is substantial. If each mediation lasted one hour, the costs saved would be $9,800. In fact, many of the mediations lasted much longer than one hour and in some cases had to be continued to another day and time to complete. Our organization is small consisting of a staff of only two paid employees and a roster of 44 trained and - volunteer mediators; our budget is approximately `MI We respectfully request that your City look into for our program as we have clearly proven what a valuable service we provide. S'ncerel , J 'dy ArroJ,l E ecutive Director JC /jr 101 2nd Street • Holly Hill, Florida 32117 • (904) 239 -6504 �/� _� ./C.l% ..�'�� / _,JCS �Q •�. ALL-) jr�� /lam et) .• .,..,,, Nftly �.► ,. P E T I T I O N We, the undersigned Edgewater residents Ly our signatures indicate our knowledge of and concern fur the future; safety and ‘411ftw well-being of the ducks living in the m:Iny ponds in Ldgewater, especially the pond at 16th Street in Florida Shores. Currently, the following problems exist: (1) Group population in excess of 100 is unhealthy and the pond cannot meet the nutritional heeds of so many; (2) Iligh mortality rates caused by intentional traffic deaths; (3) Deliberate maiming by area children who break their winds, shoot them with sling shots and other weapons and remove the chicks from their mothers. We ask that patrols be increased in the problem areas in 1 1r order that existing animal cruelty laws may be more strictly enforced. We agree to assist in relieving the overpopulation, in a humane manner and in overseeing the general safety of the ducks. Nance Address • • November 30, 1994 City Manager City Of Edgewater 104 N. Riverside Dr. Edgewater, F1. 32132 -0100 Re: Ordinance #88 -0 -29 Dear Mr. McMahon, I have been in contact with your City Attorney's office and was advised to contact you in writing. I am requesting to have put on the agenda for the December 19, 1994, council meeting a discussion on ordinance NO. 88 -0 -29. In this ordinance the city vacated a 15 foot alley adjacent to lots 437 and 438 and a portion of Guava Dr., located in the Florida Shores area. The vacating of this property has caused undue hardship on me. I hope we can come to an amicable settlement and conclusion on this ordinance. Sin rely, i Steven C. Levine, Property Owner ' " ..,p0,.. cc: City Attorney ,.,,,. °. e 1 V AO • "` :_, VOLUSIA CO. FL • �! 441' ORDINANCE NO. 88-0-29 :. D . AN ORDINANCE OF THE CITY COUNCILOF'?fl!'CI?Y OF EDGE - WATER, FLORIDA, VACATING A FIFTEEN FOOT ALLEY AND A PORTION OF GUAVA DRIVE, ADJACENT TO LO? 437 AND LO? 438, BLOCK 16, FLORIDA SHORES UNIT NO. 1; CON ?AINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING , FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City ofEdgewater, Flor- ida, at a regularly scheduled Council meeting of October 17, 1988, adopted a resolution declaring its intention to vacate a fifteen foot alley and a portion of Guava DriJe,:adjacent to Lot , 437 and Lot 438, Block 16, Florida Shores, :UnitNo. 1, described -eft, ry''� ^�p�{"_ as follows: � = z � } 9 That part of a:15 foot alley `lying Westerly of and _� `: adjacent to Lot "437 and Lot 438, _Block 16, Florida ' o f Shores Unit No. - 1 as recorded in Map Book 23, page 57 'n --- .; .�, LI i — of the Public Records of Volusia C. County, Florida being ' t",'''';.1,.. x ,� , 5'a -- more particularly described as follows: Beginning at ° C cea r� the Southwesterly corner of said Lot 437; thence * z & r Z3 c's: S 68 00' 00" W along the Westerly prolongation of the 7 - .J - W> 4 Southerly li of said Lot 437, a distance of 15.00 Q feet to the Easterly line of Lot 500, said Block 16;' "F; ' `'= thence : -:N 22 0 W along said Easterly line of Lot 4 500, a distance of 80.00 feet; thence N 68 00'00" E, a distance of 15.00 feet to the Northwest corner of said -•'. .' = Lot 438; thence S 22 00'00" E along the Westerly line '" of said. Lots 437 and 438, a distance of 80.00 feet to `'. the Point of Beginning. Containing 1200 square feet �ht . , . more or less. ,, m:0, ' SL... That portion of Guava Drive lying Westerly of and - �a Q adja to Lot 500, Block 16, Florida Shores Unit No. .- :: ; �> 1' as recorded in Map Book 23, page 57 of the Public A • 1 °o c� Records of Volusia County, Florida, being more � C3 C:) t particularly described as follows: Beginning at the x e �us '"••• Southwesterly corner of said Lot 500; thence S 68 `c 00'00' W alone; the Northerly R/W of Indian River Blvd. ;1 a distance of 20.15 feet; thence N 14 57'51• W,- a . =. n '; ` distance of 447.38 feet; thence N 68 00'00 ". B, a - f < " '� . :, - distance of 20.15 feet to the most Northerly corner of • ., said Lot 500; thence S 14 57'51" E the Westerly - f. { - line of said Lot 500, a distance of: 447.38 feet to the a Y... Point 'of Beginning. Containing 8946.87- square fest ,t.. - more or less. .f, _ _ a nd, ; Y . . - , „, ,, WHEREAS, the Public Works Superintendent, the Builling = '.,`,,.. °: Department, the Fire Inspector, the Police Department, the Plan - • .A..r' . i "` - ning Department, and the Director of the Utilities Department, of the C! ty of Edgewater, ± have declared the :subject property, to be of no,use and not - needed by, the,City.,of"Edgewater,Wand ,F ,'WHEREAS, the i ht of wa of x r ` .� ,, s..k -„w .� r 4 y any `Iot o�+ner --is not Thereby; ', " . - :.. 4. r...., 44 : ", T`N Cy."' %.:4- ` •�... , , y . i' ':�:dF -•'3 4c Y 4.-'.• "tf Y om. .. ?.. {.• . 'i iapai xed f . ••.'"$ '` iii a', `• ! °} ' NOW, TISEREFORS:BE 1? ENAC?ED BY THE PEOPLE OP THE CITY OP Iri EDGEWATER, FLORIDA: TJOL11 Si �1 CO. FL -,,,,.. .e f SeCTIOtt 1. that the fifteen foot alley `and ,a portion of . , Guava Drive, adjacent to Lot 437 and Lot 438, Block 16, Florida Shores Unit No 1, as recorded in Map Book 23,` Page 57, Publi M . Records of Volusia County, Florida, is hereby released and ' vacated by the City Council of the City of Edgewater, Florida. ' � SECTION 2. That all right, title and interest held by the `- -q" is S i City of Edgewater, Florida, is hereby released, pursuant to law, is t , � ` to the grantor or grantors, or successors i n t owning, ad- 4 a i , joining land to said property. ; J r ' i • f x ' • SECTION 3. That the City Clerk is hereby directed to corn- % <£ piv with the notification, publication. and advertisement proce- . a ,y r r - dures provided in Section 112 of the City Charter and a d pplicable ,;w • ■ i I .' t j 1 -. State Statutes. - F • SEC 4. That all ordinances or parts o ordinances and all resolutions in conflict herewith. be the 'are hereby , ,f- e an e same # ,„ repealed. .{ r y SECTION 5. If airy , section, part' of a section, paragraph, .' clause, phrase or word of this ordinance is declared inv the r t ' 1 ,.' remaining provisions of this Ordinance shall not be affected. ` %7 L - ' , • '- SECTION 6. This Ordinance shall take effect immediately ' °``` Mks • upon its adoption by the City Council of the City of Edgewater, �l�k i 1 Florida, and approval as provided by law. i `� • '1Y This Ordinance vas introduced by Councilman Prater • i } f f� t This Ordin was read on first reading''and !passed by a • ' .,,'. ,i : xz v ote o f the City Council of the City of Edgewater, Fl and , " , A approval as provided by law, at a regular = !me' meetin of '' g `' ic l .r said Council held on the 7th day of November`1988. The second reading of this Ordinance to be at a x gular ;; - ., t - meeting of the City Council of tho City of Edgewater,,Florida, to - '• 't be held h on te • =19th d ay o f ,• i December ';' Wit ' s:;• - - � � - � ROLL CALL VOTE ON ORDINANCE N0. 88 -0 =29 - <r 4 - /l\. L D ISC - r , / '< i A ;;,, t t gib" • - :7-'..--;::. i Cou . rt lma ne One t .� = © . M ' 'i { {. : .. y „,;;;;!_•.Z....:,',,-1"..f.. r: 4 3 al.r• w . Y f r ain ' 4 .. � ry b • - AI .4.. • • - - —4- 4' -. - - ,,t, 4 1.'4 -0' 4". ‘• - .4,_1, -- e•,4- -,-:,., -, - 44t- `-,•. 1-4,..4 '. ,4 -, ',. , 4 : - .'.k* 't, :-*,.„' , , , . - ; -•,.., .„,. „II! ,t,s ,,,,„,•., •,....." *,37.,•,• .,•; .,,.....-, 4 : ••••/,i,, - „,-. 4 ,, r - :, -1,14 . ,, . 1...4., , . 4. .14. -.....144,4, 0 6 .4,. • . 'V” .,' -0 , ' • -ai. A. ' • ' t • - - ' 1 f . 4. GOK . ?AGE . , .,;., „........,..., , 4, . • ., . .2, . 240 0113 4 4, ,. VOLUS1A CO. FL • ..,1":•"-• •••:.-4. :- . , , . . - • 14,-• .• '' .-..:,- - f•••.• • _ , II ja ... -... • 4. Cr.. 1 (A -;• y -,, Councilman-Zone • , •...1 .. ...-*•!-',,, .•-: . - - ..•.1 ' Counc , ae re ,......., ' • c•- .1' 2 ‘,..i ;,... • ......." .,•..- -' •::: ,-„-,., - . 4.-4.1, .. • 6. ,..±: Councilman-Zone Four " ... .-•,..,..*.T ' " t S ECOND READING: 7 7 • •:.. y(,(' . Mayor t IA" n Tha e - Y\J- I 4 111. PIO i 4.1W e.._.5.... .......i.,..... ._%...4...,........?„.::,;:, Councilman- y. ta ig , ':* O. . • - - 40t Alg i ,... .,-; -._,•,..--- _............ „.............„........... ouniolf m. n- one o r , --.,, .. i I 75E • ,-- „ „.t.).41,- ( • . -.- / " . ' s , y 4.6.1 e. • ',S. 4, • , ....., , . .... ; 441• COUr 2ount -zone Three / ee . y,,41 t r Y •‘0 .--44,,le ...'es4 .... 'ilmand 4.. o e Four ?..,„,-,•.;•„:2 ,4.4„ar ,,,,,,•,,,, .;,f,:',....c, ^ .!" • • .• r ''-i...rm:','F,. .• ....-444.4,-00- ATTEST:'••••.-!•:. • • , ..„,......•,(,.,..‘ - . - :,$. •,... . - . , ...-s,:• 4 ' 1 .••-•.1„ , .• - e - t.l. ji • r c /,..u-f- — - .... - ... 4 N.. - ...--..— - City ClerX • • '.;.1,1 r • ---,-*",.1z.,-",.'t,, • ":- , •4 • . ,, I.•rt ., ,.. :.-....• ,.- .,,-- ',. # ,,, .:.. -..'.'•''. '..',‘.. .. • ' This.•Ordinance read and adopted on second reading at a regular,' meeting of the City Council o the City of Edge- water, Florida, and authenticated is 19t y o f December . '.i/f-- ...:•,•;• 1988. "%a :,.,: :...sr,m- • ~':.74';-t' ''''..t'..4 1 (/ ° /7 Mayor •f•-• t -i!--• i 1 • , .... - :e1.`.•- --, . This Ordinance prepared by: • •,.. A *-,: _ 4.41;V#40" . 1 ...... . , , . • ."" : .,.., ,:...•-,... • 4,..- , 1 . . . • . . . . . fla • c " ' - , 1 . 1 i • 1 t , , ), 4 _ ,•._ . • 1 - ,• ' , 4 . 1 ,.. , • " • ...,, .,....,,,,....,...... H ..ar Z% • 4- 4t ilk " ‘"'"■:;. ' 'X ' : - g' . 1 1 - i. : :, ' -..■ -44 '' '''' , , 1 I 1 • -..'_, \ 'I . l . , . I , . . i t I , . • ,-,-," . ' - ' 0 it • r , 11 , e CITY COUNCIL OF EDGEWATER ' ' REGULAR MEETING rt ""? �` OCTOBER 17, 1988 `+ MINUTES _1.__`Y i".'r,a i `` CALL TO ORDER t sya „k .,y Mayor Baugh called the meeting to order at 7 :00 P.M. in the Community Center. c -,. POLL CALL G � .'_ Mayor Earl Baugh Present City Attorney Jose' Alvarez Pi•eser.t ,- x Councilman Louis Rotundo Present City Manager Hilliam Posers Present X k)k. ,. Councilman Russell Prater Present Acting City Clerk Susan Wadsworth Present Councilman Neil Asting Present Chief Lawrence Schumaker Present ^! Za �'1 ' t Councilman David Mitchum Present r f ^� INVOCATION, PLEDGE OF ALLEGIANCE tFe ' �;; Reverend Harvey Hardin, retired Methodist minister, delivered the invocation. ° There was a pledge of allegiance to the Flag. ' APPROVU OF MINUTES �,,e Workshop of September 21, 27, and 28. 1988 - Councilman Asting moved they adopt the minutes. Councilors ;, 'racer seconded the notion. Motion CARRIED 5-0. s -' `'" CONSENT AGENDA ,e; 3 ' .' Res. 88 -R -50 Appointing election workers for primary election October 25, 1988; 4, 4 ' Res. 88 -R -51 Adding one Police offi_er; Leave of absence request - Renee Vecchi; A „744, � Declaration of 1973 va eepartment; Screening, Committee's recommendation - Land Developme van to be declared a surplus; Contract change order No. 1, h � new Police D aF ,.? and Regulatory Agency's vacancy (Res. 8S- R -52); Request to vacate part R t4, of Guava Drive, Block 16 - Councilman Mitchum asked to pull the Screening 1.547.v. Committee's recommendation f.om the consent agenda. Mayor Baugh asked to pull L. , ;!°"-'ti `+ 'w the request to vacate part of Guava also. Mayor Baugh then asked to close the a sJ consent agenda. Councilman Prater so moved. Councilman Rotund() seconded the t A. '� , ' t , ' motion. `Lotion CARRIED 5 -0. Mayor Baugh asked for a motion to accept the consent + r:r ; r agenda. Councilman Prater so moved to accept the consent agenda. Councilman } Mitchum seconded the motion. Motion CARRIED 5 -0. •i` 4. ` .n Screening Co;mittee's recommendation - Land Development and Regulatory Agency's vacancy - Councilman `iitchus asked Mr. Dominick Fazzone, Screening Committee ' +.r member, how many applications were received. Mr. Fazzone replied two. Councilman Mitchum moved to send this Luck to the Screening Committee to get further appll- ' "j cations because be doesn't think two is enough. Motion DIED for lack of second. •r: Councilman Rotundo moved they accept the recommendation of the Screening clummittee. Councilman ?rater seconded the motion. Motion CARRIED 4 -1. Councilman Mitchum '2 Toted NO. Request to vacate 5 ' part of Guava Drive, Block 16 - Mayor Baugh asked for fur "her input as to why they're vacating. Mr. :.obert Garthwaite, Land Development and Regulatory member, showed on the sketch the location in question. It was noted that lot 449 would be an ingress /egress. Mayor Baugh asked if there were any , i legal problems with this and City Attorney Alvarez replied the decision is to 1{ be made on the basis of impact on traffic and the precedent for the remaining length of the alley behind part of those lots. Councilman Rotundo moved they an want the request for this. Councilmen Prater seconded the motion. Motion . CARRIED 5-0 . ot =' ORDINAiCES AND ?UBLIC HZARINGS There are none for this meeting. ' UNFINISHED BUSINESS There vas no unfinished business brought up at this meeting. A s - '. ..: i 't ' ',':•1. - '1*`• 1 . ,x ' 'e r * '-sly - '.... '' :.- CITY COUNCIL OF EDGEWATER ,.,)-,' I. , ) - ..." 4.4)1t,' REGULAR MEETING NOVEMBER 7, 1988 • MINUTES • ... - q. , -- - ' , „A. ' • •.,.,-,, -- CALL TO ORDER Mayor Baugh called the meeting to order at 7:00 P.M. in the Community Center. ROLL CALL i • Mayor Earl Baugh Present City Attorney Jose' Alvarez Present Councilman Louis Rotundo Present City Manager William Powers Present Councilman Russell Prater Present Acting City Clerk SusanWadsworth Present 4 .1 - . .,7: - : •. :,.-,';''',. Councilman Neil Asting Present Chief Lawrence Schumaker Present Councilman David Mitchum Present - • } INVOCATION, PLEDGE OF ALLEGIANCE 4 Reverend Steve Odom, First Baptist Church of Edgewater, delivered the invocation. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES 1 Special Meeting of September 29, 1988 - Councilman Asting moved they adopt the - -• 'iz:i -- 'NI; minutes. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. • Regular Meeting of October 3, 1988 - (Misread as Special Meeting) Councilman Prater moved they adopt the minutes of the Special Meeting of October 3, 1988. • i Councilman Asting seconded the motion. Motion CARRIED 5-0. 1 Special Meeting of October 5, 1988 - Councilman Asting moved they adopt the min Couil P Motion CARRIED 5-0. utes. ncman rater seconded the motion. Mot .-.:,- , 1 - ''-- Regular Meeting of October 17, 1988 - Councilman Prater moved they adopt the minutes of October 17, 1988. Councilman Asting seconded the motion. Motion CARRIED 5-0. . . Special Meeting of October 26, 1988 - Councilman Rotund() moved they adopt these minutes. Councilman Prater seconded the motion. Motion CARRIED 5-0. coNsLvr AGLXDA Renewal of service agreement with Halifax Humane Society of Volusia County, Inc.; • r , ---; -,;:-.,-!, Life insurance benefits for Council members; Contract Change Order No 2, new Police Dept.; Contract Change Order No 3, new Police Dept.; Authorization for bids to clear remaining acreage at Whistle Stop Park; Support letter for grant 4-4 F .4 for Whistle Stop Park; Flagler Avenue, extension of easement; Edgewater Landing service building; and Authorization for additional cleaning time for new Police building - Councilman Mitchum asked to remove item A. (Humane Society agreement) from tbe consent agenda. There vere no other requests. Mayor Baugh requested a . „. ,-. notion to accept the consent agenda. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. I p ; Mayor Baugh then asked for emotion to approve the consent agenda. Councilman Asting so moved. Councilman Mitchum seconded the motion. Mott.= CARRIED 5-0. 1 • .,, . :„ • Renewal of service agreement with Halifax Humane Society of Volusia County, Inc. - • 's ' -- '-'- Councilman Mitchum moved to send this back to the City Manager because it hum k - :,- been two years since they were in agreement with Southeast Volusia Humane Society • and he'd Ilke him to meet with them and see what they can come up with and keep it closer to Lome. Councilman Prater seconded the motion. Motion CARRIED 5-0. S f, , 1 ..'.. z ORDINANCES AND PUBLIC HEARINGS • ,. . First Reading: Res. 88-4-56 Intent to vacate part of Guava Drive, Block 16 - City Attorney Alvarez read this resolution. RES. 88-R-56 - A RESOLUTION OF THE CITY COUNCIL .._ OF IRE CITY OF EDGEWATER, FLORIDA, DECLARING ITS INTENT TO VACATE A FIFTEEN FOOT ALLEY AND A, PORTION OF GUAVA DRIVE, ADJACENT TO LOT 437 AND LOT 438, BLOCK 16, -• 4 - ,, -- -I . FLORIDA SHORES UNIT NO. 1; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND . 'T. : '-t. PROVIDING FOR AN EFFECTIVE DATE. „Councilman Rotundo moved they accept the.% recommendation. Councilman Prater seconded the motionl Motion CARRIED 5-0. 1" . r • ,. t .. ... . 1 0 , ■ 1 • e ORDINANCES AND PUBLIC HEARINGS_ (Continued fj. r c t ) Res. 88 -R -57 Intent for acquisition for recreational purposes from Urban Community Block Grant funds in cooperation with Volusia County - City Attorney Alvarez read this resolution. RES. 88 -R -57 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, DECLARING ITS INTENT FOR ACQUISITION FOR RECREATIONAL PURPOSES FROM URBAN COMMUNITY BLOCK GRANT FUNDS IN COOPERATION • WITH VOLUSIA COUNTY; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PRO- VIDING FOR AN EFFECTIVE DATE. Councilman Prater,moved they adopt Resolution 88 -P -57. Councilman Mitchum seconded the motion. Motion CARRIED 5 -0. Ord. 88 -0 -29 Vacating part of Guava Drive, Block :16 - Mayor Bapgh stated this • is first reading. City Attorney Alvarez read the ordinance. ORD. 88 -0-29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, VACATING A FIFTEEN FOOT ALLEY AND A PORTION OF GUAVA DRIVE, ADJACENT TO LOT 437 AND LOT 438, BLOCK 16, FLORIDA SHORES UNIT NO. 1; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He stated this is /: first reading. Councilman Prater moved they adopt Ordinance 88 -0-29. Council- man Rotundo seconded the motion.'` -' Motion CARRIED 5 -0. `I Mayor Baugh requested a motion to go frum the regular Council meeting to the 8u g public hearing. Councilman Prater so moved. - ' Councilman Rotundo seconded the motion. Motion CARRIED 5-0. s ' Second Reading; :t° - Ord. 88 -0-23 Vacatingeasement,`1002 Beulah Drive - City Attorney Alvarez read this ordinance. ORD. 88 -0-23 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, VACATING_A SIX FOOT UTILITY EASEMENT IN LOTS 212 AND 213,-REPLAT OF EDGEWATER ACRES; - „CONTAINING A'REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ''Ho stated this is second and final reading. Mayor Baugh'asked for from the audience and there were none. Mayor Baugh asked for Council's comments and there were none. He requested a motion to close the public hearing and go back to the regular meeting. Council- man Prater so moved. Councilman Mitchum seconded the motion. Motion CARRIED 5 -0. Ord. 88 -0-23 - Councilman Prater moved they adopt Ordinance 88 -0 -23. Councilman Asting seconded the motion. Motion CARRIED 5 -0. UNFINISHED BUSINESS There was no Unfinished Business brought up at this meeting, NEW BUSINESS 1 Annexation and rezoning of Ranken property, east side of U.S.1, north of Edgewater Landing - Mr. Powers stated that the Land Development and Regulatory Agency is recommending approval of the annexation and rezoning contingent upon the Depart- -- • meat' of Community Affairs and Volusia Growth Management Commission's approval r-° and that is the City Manager's recommendation also. Councilman Rotundo moved • they accept this recommendation. ' Councilman Prater seconded the motion. • = Councilman Mitchum asked when this went to the Board and Mr. Powers replied ' - September 22nd. Councilman Mitchua asked who owns the property and Glenn Storch, law firm of Ovens and Storch, replied it's owned by Rankers but is under contract to purchase by Radnor Edgewater Corporation. :,There vas discussion Y S regarding the rr expansion of Edgewater Landing and the capacity of the services available to be reserved ..en impact fees are paid. Mr. Scorch stated impact fees hadn't been discussed at this point and their intent was just to bring it into the City. Councilman Mitchum stated that he has no problem with bringing the property into the City but they've promised sewer for so long and they're slowly giving away the capacity and he'd rather this wait for the new Council. Mr. Storch 1 111 2 `_• stated they aren't requesting any capacity at this time. Motion CARRIED 4 -1. Councilman Mitchum voted NO. -2- Council Regular Meeting Minutes a November 7, 1988 • tvp 47.4: i{r _ + 7 : • 7 -. • CITY C or L DCrdATER 4 ;k`;" REGULAR MEETING ' z. DLCDM3ER 19, 1988 r4, ;SINLTES ;` f ry ' CAI.. TO ORDER r Mayor David Mitchum called the meeting to order at 7:00 PM in the Coamunity i u Center. '4 • . ROLL CALL ., z Y Mayor David Mitchum Present City Attorney Jose' Alvarez Present _I Councilman Danny Hatfield Present City Manager William Powers Present t^ ✓ Councilwoman Gigi Bennington Present Acting City Clerk Susan Wadsworth Present { Councilman Russell Cold Present Chief Lawrence Schumaker Present , , r°.' Councilman Thomas Fish Present , ', _ >, INVOCATION, PLEDGE OF ALLEGIANCEt j Reverend Dr. Tee, Edgewater Union Church, delivered the invocation. There was t.f. ' the pledge of allegiance to the Flag. _ ' � APPRVVAL OF MINUTES . ' tit Regular Meeting of December 5, 1988 - Councilwoman Bennnington moved they accept 4::7 tK the minutes. Councilman Hatfield seconded the motion. Motion CARRIED 5 -0. < r" y CONSENT AGENDA t. i A" Res. 88 -R -64 Appointing two members to Library Board; Res. 88 -R -65 Appointing four , 4 members to Board of Trustees of Police Retirement Plan; Res. 88 -R -66 Appointing r �r ■ one member co Industrial Development Board; Res. 88 -R -67 Appointing one member to • f.,, n Merit Board; Detectives trailer; Interlocal Law Enforcement Voluntary Cooperatio ti r . Illif Agreement; and Council meeting schedule due to holidays - Councilman Fish asked to i �, S. ��`, remove item 3 . C . (Industrial Development Board appointment) from the consent agenda. '.° '`. Mayor Mitchum requested a motion to close the consent agenda. Councilwoman 1 Bennington moved to close the consent agenda. Councilman Gold seconded the motion. . ":4 Motion CARRIED 5 -0. Councilman Hatfield moved to accept the consent agenda. t,,.I ;y Councilwoman Bennington seconded the motion. Motion CARRIED 5 -0. - sr V-0- Res. 88 -R -66 Appointing one member to Industrial Development Board - Councilman ... 4,��, r Fish expressed concern that the recommended nominee, Mr. Martin, might have a '�:� ' " A44 ::. conflict since he's an engineer. Councilman Hatfield explained the function of '' ^,. :,� ;;. the Board is to look at new businesses and assist them in coming into the City ......4e .'' . with planning and voting to be taken care of with various other boards. �, ,-'• Councilman Fish moved they accept the recommendation for the appointment of ' Ttr 1:1; Joe Martin to the Industrial Development Board. Councilman Hatfield seconded x t e the motion. Motion CARRIED 5 -0. 3 ORDINANCES AND PUBLIC HEARINGS xis., i.: First Reading: There were no ordinances for first reading for this meeting. s T ` Mayor Mitchum requested a motion to go from the regular meeting to the Public xi Hearing. Councilwoman Bennington so moved. Councilman Fish seconded the motion. Motion CARRIED 5 -0. ''R`: V Second Reading (Public Hearing): . ‘ _�.:• Ord. 88 -0 -29 Vacating part of Guava Dr., Block 16 - City Attorney Alvarez read ,,. r•.. this Ordin ce an. ORD. 88 -0 -29 - N A RDINANC O THE TY COUNI O Y r;� ', OF EDGEi1ATER, FLORIDA, VACATING A FIFTEEN FOO F T ALLEY CI AND A POR TION F OF TH G UAV CIT A ri DRIVE, ADJACENT TO LOT 437 AND LOT 438, BLOCK 16, FLORIDA SHORES UNIT NO. 1; t '? CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN ),-- x EFFECTIVE DATE. He stated this is second and final reading. Mayor Mitchum „0--... _ asked for audience input. te� .. ` , ' '. ^` 1 ; . -' l, 1. ':, 't 9SDlNAMCZ$ AXP PUBLIC QEUtES (Continued) ,--1.t: ' ' ' 7. Ord, b8 - - 29 7atatt$1 pert of Guava Dr., Hoek 16 (Continued) - s.. 'f Milo Coleman. 1814 Fern Pala, reviewed the plan, and questioned vbrt happens r,:4 to the suss alley for lots 439 to 448. Mayor Mitchum explained the 13 foot ; alley remains open. Mt, Coltman asked if t others would have Oa Lad . • SAM 1, :' dedicated to them and Mayor Mitchum replied they could request it the S fj4 • 4 - as this owner did. Mr. Coleman asked if they'd move Guava wet toward the ti- railroad tracks, what will happen to the vacated part of Guava, and who owns K it. Luis Ceil, representative for the owner, stated that Guava is now a dead +` • , , end street and his client is giving lot 449 to the City to open up that alley. His suggested Mr. Coleman could request vacating the alley at lots 439 and 440 but there's a nursery in between. Mayor Mitchum asked what this will be used = "` for and Mr. Gail replied for stormwater retention. Mr. Coleman and Mr. Ceil discussed the access with Mr. Gei1 pointing out it's his client's property ' " '" " • now that they're using for access. '> Mayor Mitchum requested a motion to go from the public bearing to the regular ".r: ' - s meeting. Councilman Cold so moved. Councilman Fish seconded the motion. z • ., ti Motion CARRIED 5-0.;!, . ,-`'' `' 4: 4 : Ord. 88 -0 -29 - Councilman Hatfield moved they accept Ordinance 88 -0-29. .. , Councilman Cold seconded the motion. Motion CARRIED 5-0. , h c • � } .,, > ' -' UNFINISHED BUSINESS 4 44.0,: . - =. Humane Society Agreement - Mr. Powers explained that the Board of Directors ^- • ?' "''. of the Southeast Volusia Humane Society has proposed accepting the animals --1 '_'.. `t for a 12 -month period at a cost of ;11,000 with a review at 6 months to see -4�_ f. how it's .corking and, if necessary, to negotiate for budget planning for next x a year He stated there was ;6,300 in the budget as of October 31st in that line item and the November bill from Halifax vas ;1,176, which would have to i ; be deducted, so they would have to take from contingency funds the difference vt tr :- to the ;11,000• • ` i Clyde Mann stated that they reached agreement on the contract for $11,000 , ',; . at th ti,r. sY` - a Board of Directors meeting which Mayor Mitchum attended. Mayor �'� v , :,; Mitchum clarified that the ;11,000 covers everything for the year with a ' �` 1, ;,..14. 6 -month review. Mr. Mann agreed. �^° };t Councilman Fish asked about the current contract with Halifax and Mayor ,`t jur o Mitchum replied it's a monthly agreement. Chief Schumake Y 8 reement r pointed out it ' s , ";4„ . - a 30 day termination but they've been in limbo since October 1st. Councilman +, .-^ '' * 41 Fish suggested they may want to give them 30 days termination notice if . 4'`: - 4 ,: they decide to go with Southeast. Chief Schumaker stated they've had a very f Y good relationship with them. Mayor Mitchum suggested January lat. . s 3 * " " Councilman Hatfield asked if they have to make a budget amendment first or � . $> accept it and Mayor Mitchum replied they should accept it Councilman Hatfield moved they accept it Councilwoman Bennington seconded the motion {'` 4~ ,_ to accept the Southeast Volusia Humane Society for one year with review at six months. Motion CARRIED 5-0. - ?- There was discussion about amending the budget at this time and Mr. Powers 1 {,,' e:lained they could amend it when the $6,300 was about to be exceeded. Analysis of Mayor /Council salaries - Mr. Powers explained that he'd surveyed 19 cities in the State comparable in size to Edgewater with the Council - Manager form of government and used cities with 11,000 to 17,000 population.. Councilman • Hatfield asked if these cities include their tax base since that could determine .` .:_• if it were equal representation. Mr. Powers Feplied that he didn't look into that. f `,, Councilwoman Bennington noted they fall in the,mid average, and she suggested they refer this to the Charter Review Committee to put it to the vote of the people and let them decide what it should be. ;t • -2- Council Regular Meeting Minutes December 19, 1988 • i 'F" , Ci i Y MANAGER 12- 08- 94A09 :56 RCVD *ay To: 64eua ten Mayon and Gay CO unt ;i.,l Fite m: Ruth /11 9anve ci Date: Decen6en 7, /99 ee.• Re-Appointment to the Po ice P enAion avaad My enure OA a mermen o the Police Pen4.wn Qvaad will be coming to a c lv.ae on Decen en /4, /99 With pun penini dion, 1 uvu,lcl .Like to con Truce being a member o/ the Pen.4,Lon /wand ton anv#h.en tenn At thi4 time, 1 am neve4ting ton youn cvn iJdenativn mg ne- appointment to -the 64euaten Police Pen4.ivn Qvaitd. Thank you vn your time. w / e opect ui 4 4ubmitted, Ruth M. canveg (,) ••l;asualty insurance" means automobile public (3) No municipality shall establish more than or liability and property damage insurance to be applied at retirement plan for public safety officers which is suf the place of residence of the owner, or if the subject is ported in whole or in part by the distribution of premiur a commercial vehicle, to be applied at the place of busi- tax funds as provided by this chapter or chapter 175, nc • ness of the owner; automobile collision insurance; fidel- shall any municipality establish a retirement plan fc ity bonds; burglary and theft insurance; plate glass public safety officers which receives premium tax fund. insurance. from both this chapter and chapter 175. "' (4) "Division" means the Division of Retirement of the History. -s. 1, ch. 28230, 1953: s. 2, oh. 29925, 1955; s. 2, ch. 61 -119: s. 1, ct # Department of Management Services. 5+` 152; s. 7, ch 79 38p: $• 2 ch 79 See s. a ch. es 42. l' (5) 'Enrolled actuary" means an actuary who is +tom, , enrolled under Subtitle C of Title III of the Em to ee 185.04 Actuarial deficits not state obligations.- ; i Retirement Income Security Act of 1974 and who is a Actuarial deficits, if arising under this chapter shai not be the obligation n of of the state. : , . member of the Society of Actuaries or the American Hlstory.—s. 1b, ch. 28230, 1953. ;1 Academy of Actuaries. li (6) "Multiple peril" means a combination or package 185.05 Board of trustees; members, terms of policy which includes both property coverage and casu- office.- ; alty coverage for a single premium. (1) In each municipality described in s. 185.03 there (7) "Police officer" means any person who is elected, is hereby created a board of trustees of the municipal y appointed, or employed full time by any municipality, police officers' retirement trust fund, which shall be who is certified or required to be certified as a law solely responsible for administering the trust fund. Effec- enforcement officer in compliance with s. 943.1395, who tive October 1, 1986, and thereafter, the board of trust- . , , is vested with authority to bear arms and make arrests, ees shall consist of five members, two of whom, unless and whose primary responsibility is the prevention and otherwise prohibited by law, shall be legal residents of detection of crime or the enforcement of the penal, crimi- the municipality, who shall be appointed by the legisla- nal, traffic, or highway laws of the state. This definition tive body of the municipality, and two of whom shall be includes all certified supervisory and command person- police officers as defined in s. 185.02 who shall be { nel whose duties include, in whole or in part, the supervi- elected by a majority of the police officers who are mem- sion, training, guidance, and management responsibili- tiers of such plan. The fifth member shall be chosen by 'I1 1 1 ties of full -time law enforcement officers, part -time law a majority of the previous four members, and such per - enforcement officers, or auxiliary law enforcement offi- son's name shall be submitted to the legislative body of ` cers, but does not include part -time law enforcement the municipality. Upon receipt of the fifth person's officers or auxiliary law enforcement officers as the same name, the legislative body of the municipality shall, as are defined in s. 943.10(6) and (8), respectively, For the a ministerial duty, appoint such person to the board of 1 , purposes of this chapter only, "police officer" also shall trustees as its fifth member. The fifth member shall have include a public safety officer who is responsible for per- the same rights as each of the other four members NNW forming both police and fire services. appointed or elected as herein provided and may suc- (8) Salary means the total cash remuneration paid ceed himself in office. Each resident member shall serve p to a police officer for services rendered. as trustee fora eriod of 2 years, unless sooner replaced i Hlatory. —s. 1 t, ch. 28230, 1953; s. 1, ch. 29825, 1955; s. 1, ch. 59 -320; s. 1, ch. tj 93 -193. 61 -85; s. 7, ch. 79 -380; s. 2, ch. 79 -388; s. 2, ch. 86 -42; s. 43, ch. 91 -45; s. 40. ch. Y the legislative body X11 whose pleasure he shall serve, >, and may succeed himself as a trustee. However, the terms of the mayor, or corresponding chief executive 185.03 Municipal police officers' retirement trust officer of the municipa'ity, and the chief of the police 1 funds; creation; applicability of provisions; participa- department as members of t he board of trustees tion by public safety 53 as �. ; y oficers.- vided in chapter 28230, Laws of Florida, 1953, as �, (1) There may be hereby created a special fund to amended, together with any city manager and member be known as the "Municipal Police Officers' Retirement of the legislative body of the municipality as members I . Trust Fund," exclusively for the purposes .provided in of the board of trustees shall terminate on September this chapter, in each municipality of this state, heretofore 30, 1986. Each police officer member shall serve as 1 or hereafter created, which now has or which may here- trustee for a period of 2 years, unless he sooner leaves , after have a regularly organized police department, the employment of the municipality as a police officer, 1 , which now owns and uses or which may hereafter own whereupon the legislative body of the municipality shall { • and use equipment and apparatus of a value exceeding choose his successor in the same manner as an original $500 in serviceable condition for the prevention of crime appointment. Each police officer may succeed himself . I ' and for the preservation of life and property, and which in office. The board of trustees shall meet at least uar- does not presently have established by law a similar terly each year. Each board of trustees shall be a legal fund. entity with, in addition to other powers and responsibili- (2) The provisions of this act shall apply only to ties contained herein, the power to bring and defend municipalities organized and established pursuant to lawsuits of every kind, nature, and description. the Taws of the state and said provisions shall not apply (2) The trustees shall by majority vote elect from its 11 to the unincorporated areas of any county or counties members a chairman and a secretary. The secretary of 1 nor shall the provisions hereof apply to any governmen- the board shall keep a complete minute book of the r 11 tal entity whose employees are eligible for membership actions, proceedings, or hearings of the board. The 1 • in a state or state and county retirement system. trustees shall not receive any compensation as such, 1274 ii w �E A p� I. • �� 9 CITY OF EDGEWATER \ - \ ` S cS . 104 N. RIVERSIDE DRIVE �' 't P c ). Box 100 I dtiowater, t loiido 32132 0100 , I n <(■ AGENCIES (904)4 C I CITY E EWAI � ! 1 S fr °� 0` A 4 APPLICATION FOR APPOINTMENT Tit CITY 4 ) �rllT'r BOARDS a BOARDS BOARDS i3ErJi: [E5 OR COMMITTEES /� N ame GEORGE J. BUTLER f� ,Address 1815 EVERGREEN DR. <F0, Home phone 0 428 - 3598 Occupation RETIRED AND NOW IN REAL ESTATE' SALES Business CENTURY 21 AEREA REALTY Are you a resident of the City- of Edgewater? YES Mow lone) have you 1 i�.ed in Filijewater•T 5 MONTHS -- - -- Is your principal place of employment in Edgewater? NO I If so, hoc. long? Briefly state your ititei in serving on a City Board and list previous experience :I HAVE BEEN AFFILIATED WITH LAW ENFORCEMENT FOR *tome OVER 38 YEARS. I HAVE SERVED ON THE POLICE SCREENING COMMITTEE, THE CHIEF OF POLICE SELECTION COMMITTEE IN THE TOWM Tr MA. I HAVE A B.S. DEGREE WITH A MAJOR IN BUSINESS — Are you a registered voter? YES Do you hold 3. public office? NO Are you employed by the City? NO At the present time, del you serve ctrl any other Boards or Agencies? NO - -- 1 f so, list each : PLEASE INDICATE BOARDS OR AGENCIES YOU t:llllll)1 11I:F [f SERVE OH AND RANK 111EF ACCC1lff1NiTi T O CHOICE we NUMBER_ BOARD MEMBERS MAY BEREOl1IRED TO FILE FINANCIAL DISCLOS111w EACH YEAR Building Trades Regulatory Library Board L: Appeals Board Merit Board Citizen Code - - -- Enforcement Board _ -- Parks .. Recreation Board General Employees Pension - - - -- Board Police Pension Bozrrd XXXX Industrial Development Fire Pension Board Board Beaclt.if icatiorl Land Development & Committee Regulatory Agency Capital Improvement Council Advisory Committee Committee - -- Senior Citizen Advisory Charter Review Signature: **See reverse s i d e for listing o f Boards and Agencies 00Ew4rt. ? /fY CITY OF EDGEWATER �/' / y 104 N. RIVERSIDE DRIVE RE �'. ' 1VED * P.O. Box Bx 100 - Edewater , Florida 32132 -0100 MAY s71993 (904) 428 -3245 SunCom 371 -7005 CaY CLt -. APPLICATION FOR APPOINTMENT TO CITY C , NO BOARDS, AGENCIES OR COMMITTEES , `\ C �� NAME - a o• �/ ADDRESS' /c 26 / 1 �� -P HOME PHONE " 2 8 /C 6 S — BUSINESS PHONE 3 ''?2// OCCUPATION Ge'� C� /e�� C` �� l /�cv-e- Are you a resident of Edgewater >Z&:; \- How long ue /?d Is your principal place of employment in Edgewater? if yes how long? Briefly state your interest in serving on a City board, agency or committee : / r 7 41 44 . m e w - , i .40 Now eirAi.c4-1/7-1 (. re 6 __KA-0-f -�� - . Are you a registered voter? )/?* Do you hold public office ? Are you employed by the City? 4-r� At the present time do you serve on any other Boards, Ag ncies, or committees? "70e) If so, list each: Have you ever served on any boards, agencies, or committees? If so, list each: *or (BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO• 'FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU ! WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER BEAUTIFICATION & TREE COMM. BUILDING TRADES REGULATORY & APPEALS BOARD CITIZENS CODE ENFORCEMENT eV FIRE PENSION BOARD GENERAL EMPLOYEES PENSION //INDUSTRIAL DEVELOPMENT [/ LAND DEVELOPMENT & REG. AGENCY LIBRARY BOARD v POLICE PENSION BOARD PARKS AND RECREATION BOARD VETERANS PARK ADV. COMMITTEE SENIOR AD HOC COMMITTEE SIGNATURE `� '/� DATE: ✓ :.;L 'ern . ---- - ** SEE REVERSE SIDE FO STING OF BOARDS, AGENCIES AND COMMITTEES * • E Wq CITY OF EDGEWATER * , • 104 N. RIVERSIDE DRIVE 121 AO/ P.O. Box 100 - Edgewater, Florida 32132 -0100 (904) 428 -3245 SunCom 371 -7005 oe ' 'r ALrr ' ° ` 4 CITY OF EDGEWATER Now APPLICATION FOR APPOINTMENT TO CITY BOARD OR AGENCY Name DC >i (. LA L /&3Y Address 226)/ 2 TH 5 7/��& Homo phone #t 4 2 "' ,S 73 -7 C) Occupation /4AA AC.C.-/ OF G6CCIL /3c0„S / /UES Business CC\iv1.5fllri CL1CpoZt % /cAJ or Am /c/f //1/C . Are you a resident of the City of Edgewater? /` C S How long have you lived in Edgewater? 3 Y2 Is your principal place of employment in Edgewater? 6:.S If so, how long? / ,'*S `Orr Briefly state s_ } your interest in serving on a City Board and list previous experience: /,)()(/t7 / //J C;O v"t'�V S: l i /acs / AJ S.S T 1ti /A i v ?1 E 7"C O /N / e cat L /YA /1 /,S /f To PetiZr/ c / 76 A % - 771 LS , We wKc /J C/i/-S //V 7( / - T AS A Pc, c.iCc-7 c rr/c ,yA A $/4cX C /20 u v/J /N ✓3c+ ifY <;' /tic-F AA//) ,8 c)s/Ai SS' Are you a registered voter /`CS Do you hold a public office? NO Are you employed by the City? / Jo At the present time, do you serve on any other Boards or Agencies? No If so, list each PLEASE INDICATE BOARDS OR AGENCIES YOU WOULD L I K E TO SERVE ON BOARD MEMBERS MAY BE REQUIRED TO FILE FINANCIAL DISCLOSURE EACH YEAR Building Trades Regulatory Library Board & Appeals Board Merit Board Citizen Code Enforcement Board L Parks & Recreation Board General Employees Pension Board Police Pension Board (/ 1 Industrial Development Fire Pension Board Board Beautification Land Development E: - Committee Regulatory Agency 7 _ ,, Capital Improvement _ Committee (PLEASE INDIC TE ALL BOARDS INTERESTED EN, AND RANK THEM ACCORDING TO O I CE R/ NUM : ' R,) // /- Signature: , .�,' Date: / Lc ff **.s,?.e rr � ` .v 9 se =!t1' for 11St j r t,f Boards 9n•i frien:1es .+ /9 CITY OF EDGEWATER S ' I APPLICATION FOR APPOINTMENT TO CITY BOARD OR AGENCY Fi cti Name � r LL t R M 3, ( e, 2 v • ry Address 2 S '- U1v ( - 7 EF 04 E. 0l r(4_7 r a T E 0 2 . FL 3 11 / 44- low Home phone 11 Q O M^ (417 - 0 As Occupation RC's //1,Ev A o P444,4, e1 Business Are you a resident of the City of Edgewater? yes How long have you lived in Edgewater? 3 y4 Is your principal place of employment in Edgewater? ,V 4. If so, how long? N A Briefly state your interest in serving on a City Board and list previous experience: an nv4w 4 51 R6Pu13c(c Fi4rltCi4iLD A'tcRr317j G)OtiRIF0 '0t2T'i yftr-tR 4 !4o5PAr(F / 4u ry (*ex.; vt �lt� =?vl1e+A S,,Toe( PLF4R#v.x. c Co 57 nvelf AAICC CoST IoNTs ?oL /L'Do5 TR144_ /_1YJ6 fill C=k RIAle (6 ?B 7 CeirAiri414 -cA), ()Pox Rei T /.i ru4 F-4oh- CR0N..rµ AA / /Wda(rrp P0147 , - rot/ TN cc/I-vNT(rvGTa.v orre NLw yo29 1"' TllE bN64 /,e r4J6 eievs/uo /3o /e -oe.v6 or,,"7'., DO'LR FOU' yi£a2 PEI( 0 t 7 T PM v[s TI vJ' t!4 /Ny 4L,F¢ 7 Fe-OR( A Cyao/Au y Cot,4vL7, -it LIS'Tie) te y(P.e Are you a registered voter? yrf 5 Do you hold a public office ? /u o Are you employed by the City? N o At the present time, do you serve on any other Boards or Agencies? Ord If so, list each: ,v PLEASE INDICATE BOARDS OR AGENCIES YOU WOULD LIKE TO SERVE ON All Board Members MUST file financial disclosure each year Building Trades Regulatory & Appeals Board Library Board citizen Code Enforcement Board ( Merit Board General Employees Pension Board Parks & Recreation Board Industrial Development Board Z Police Pension Board Land Development & Regulatory Agency (PLEASE INDICATE ALL BOARDS INTERESTED IN, AND RANK THEM ACCORDING TO CHOICE BY NUMBER) Signature: / /`.14 Date: * *See reverse side for listing of Boards and Agencies Allow AGENDA REQUEST Date: December 12, 1994 0 NEW UNFINISHED CONSENT BUSINESS 12/19/94 BUSINESS PUBLIC HEARING RESOLUTION ORDINANCE ITEM DESCRIPTION /SUBJECT: Police Evidence Building Final Pay Request and Waiver of liquidated damages. BACKGROUND: The City has retained 10% of the revised contract amount to assure completion of "punch list" items and secure submittal of close -out documentation. RECOMMENDATION: Release final payment to Cornerstone Building Systems, Inc. in the amount equal to ten percent retainage (and wheelchair lift construction cost) minus cost borne by the City to complete three tasks. In numerical figures this equals $24,734.00 - 270.31 (City cost) = $24,463.69 (final payment). See attached memo for description of City cost. r 1 Now FUNDS AVAILABLE: ACCOUNT NUMBER: 10521 -56620 (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PRESENTED BY: Kyle W. Fegley, City Engineer PREVIOUS AGENDA ITEM: YES NO xx DATE: AGENDA ITEM NO. Respectfully submitted: Concurrence: Ky e W. Feg f'd George E. McMahon City Engineer City Manager w KW F /rsm tfi! (( . "17 ri ‘L•= DEC ) . CITY ENGINEER SECTION 00844'' A PPLICATION FOR PAYMENT / .,,.spplication No. 31" Progress Final ✓ Project: .vt7 ?OLIO - J•' Li7 t. • or:• ��,,�,,yy�� n4. Contract Date: (AIS k4 Contract L - "'� Original Contract Amt: 1 �_ 1 7 '7 C . O . to Date : Z Q Application Date: << 28(�t4' For Period Ending: (1 1 I Analysis of Work Performed 1. Value of original contract performed to date • $ I/0601 29— '. Extra work performed to date slaw3. Subtotal 4. Less % Retainage 5. Subtotal 6. Plus material stored % of 7. Total value of work performed to date I100U �` 8. Less amount of previous payments f 4 .6p 1 1 2 .2 7 o� 9. Balance due this estimate Z41$41-e2". �',►+ s c: �T 4 c,r C't' C 2 c r� t) Contractor's Certification / /.2.4 4 3. (; 5 The undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress payments received from the Owner on • account of Work performed under the contract referred to above have been applied by, the undersigned to discharge in full all Now bligations of the undersigned incurred in connection with Work covered by prior Applications for Payment numbered 1 through 7 inclusive; and. (2) all materials equipment incorporated in said Project or otherwise listed in or covered by this Application for Payment are free and clear of all liens, claims, security interest and encumbrances; and (3) all applicable provisions of the.Florida 00844 -1 / 4 / • Prevailing Wage law (Florida Statutes, 215.19) regarding apprentices and payment of wages have been complied with and to the best of my knowledge and belief by all subcontractors. (Contract shall attach like affidavits by all subcontractors.) • 7i�J 9 g-9/. Dated i` `T , 1 • (Contractor) • By: l i ! 1"l C1 (ra5( (Name and Title) Owner's ADDroval In accordance with above contract, the undersigned approved payment to the Contractor of the Amount Due shown above. By: Date: (Title) • lour END OF SECTION • 00844 -2 • 7- ,. 9$OTION 00846 SCHUDULU OF VALUUS , nr i uArz HO. EDGEWATER POLICE EVIDENCE BUILDING rvi p O' 140 ' A MA EO t Y CORNERSTONE' BLDG SYSTEMS m G r o r %OW � w4ri 6ia . coNrtarr 0OMPUr - c Yuu OP : >rNno o rxhouax i o `• 0 CAW a . �n/ct , AMOV1(T L4.ST' rrna rUno 8 _ art, i, orr, X 00 -- BONDS; FEES - 6314.00 110;k4' 0 - 65/4.00 . �-. 2750.00 1%7 / 27 00 MOBILIZATION _ _ - SITEwORK L1200.00 /7 0 2 /00 /10 .00 CONCRETE FLODR SLAB 5 175.00 4/74 100 577c. co CONCRETE APRONS 732.00 - 73 Y 90 711-.00 ' CBS MASONRY 19579.0! 95 - 00 `1.00 STUCCO 6435.00 61 00 6,45s.00 , , j PRECAST sLAes - 1:Z1AP 1 00 tie 47 1 100 1780 • Qo PLUMBING _ , 5665,00 6145-100 51064•00 ELECTRIC 1233.00 /2343 too l z4 f3.0' AC 777.00. 7379 100 • 7371. FOCF ING IP . •. 0 01 00 01' . 00 ooceS /rower �� 00 3055: ' WINDOWS/FM GLASS - .. ?.S 0 /00 Z '30.00 PAINTING /WATERPROOFING 7684.00 716/4- /DO 7lv8¢.o0 FRAM ING /FURRING 6635 : so /, 635 00 , (4‘. 00 WALL INSULATION 1335. nn /3 , /00 ; /33.5.00 DRYWALL 0 0 ia.1 8 .Po ACOUSTICAL CEILING / INSULATIO 2640.00 ' 1(0 4 0 (00 -2.491o. 00 ■ MILLWORK /S!-ELVING • c�.. .. 50 00 3 00 . 06' F INISH FLOORING 3 _ • a I , 1 90 /0 0 770,00 LANDSCAPING "PC 0 0 q90. 00 = .ELCHAIR LIFT _895a.9n - 0g1Pc ' P 195. 00 CLANING /PUNCH OUT �r 375. Q.0 _ 7s /00 .3-7s.00 _ SUPERVISION 12 .,•,_ 00 :,0Q_ / 2 70o L 00.00 PROJECT MANAGER 6700 • . 0 i0 00 IIIPAMI po 4U.TOTALi 1! • 00848-1 ENGINEERING DEPARTMENT MEMORANDUM DATE: December 12, 1994 TO: Supplemental Information for Agenda Request Cornerstone Building Systems, Inc. Final Pay Request FROM: Kyle W. Fegley, City Engineer C-0.w SUBJ: Police Evidence Building The Contractor (Cornerstone Building Systems, Inc.) has requested substantial completion for the above subject project, which I have granted an established date of November 3, 1994. I have agreed to this date as the structure is habitable, is sufficiently complete in accordance with the contract documents and can be utilized for the purposes it is 'v�.• intended. It is important to note Cornerstone did not meet the Final Completion date of November 17, 1994. The City has the authority to waive liquidated damages and extend the final completion date or apply the liquidated damages based on the reason of delay. Two items that extended past the final completion date included correction of fire wrap material for through slab pipe penetrations and installation of the wheel chair lift. Neither of these delays are inexcusable as the former was an application of an interam fire caulk the Contractor thought was acceptable, and the latter delay was due to a delivery delay of the manufacturer (see attached letter), thus uncontrollable by Cornerstone. As such, I believe liquidated damages should be waived for this project. As of this date there remains three (3) items of contention between the City and Cornerstone Building Systems, Inc. Cornerstone does not believe the items are part of their obligations and are not part of the contract documents. The City does not share their viewpoint and has been amiable in trying to resolve these issues to no avail. The following will describe each item and justify our position that the work is indeed incorporated into the contract documents. As such, at this time I am recommending the City deduct the amount from the original contract as the contractor has choosen not to perform this work. 1. Computer receptacles: Cornerstone contends the computer outlets /receptacles are not part of the project scope. The City has indicated this item is clearly called out on page 5, under item no. 21 division 00900 of the specifications and shown on plan sheet no. A -2. A complete receptacle assembly (female December 12, 1994 Agenda Request Page Two %tar solder, screw lock & wall plate) cost $4.30 each. The project employs eight receptacles, thus the cost of this item is $34.40. C.E.T. installe the receptacles at no cost to the City. 2. Utilities connection to City water and sewer systems: Cornerstone contends this item is called out in the clarification section under temporary facilities and was not bid under their contract. The City noted this requirement is called out under clarification section 00900, page 1, entitled Temporary Facilities which deals with potable and nonpotable services to the structure. This clarification also specifies the required length of pipe, which was issued as a result of inquiries at the pre -bid meeting, thus all contractor /subcontractors who attended such meeting (Note: Cornerstone was present) would have been privy to this requirement. It is also interesting that when I pointed out this clarification during the initial stages of the project, Chuck Smith, Cornerstone's President, indicated he would pursue this work with no mention of additional cost until the end of the project. As a compromise, which I feel the City was more than generous in offering, the City "ow. Utilities Department performed the work to tie -in both sewer and water and logged what materials were used to perform this activity. I have since asked Cornerstone to reimburse the City for materials only and the City will absorb labor cost. I believe my approach is more than fair and ask Cornerstone pay $191.65 for materials which they refuse to do. 3. Telephone Termination Strip: The contract specifications call out a complete working system for the telephone system as depicted under item nos. 24 & 31 of the clarification section no. 00900. As such the Contractor shall terminate all homeruns to the telephone control panel in room no. 204. Cornerstone does not feel this is their obligation which is contrary to the specifications. The City had Dick Graves (City's telephone consultant) perform this work and back charge Cornerstone for his efforts. Mr. Graves works on a time and material basis and has submitted an invoice in the amount of $44.26 for this work. The total sum that should be withheld from the contract amount is $270.31. KW F/rsm 11/11/04 15:55 P01 • • • • • • SOUTHERN MEDICAL SERVICES OF JAX., INC. 11747 Phillips Highway, Unit 202 Jacksonville, FL 32256 Voice #: 904 -268 -3202 Fax #: 904 -262 -0509 q -- c4go FAX COVER SHEET To: I , II From: Now 4 1 Date: ct 4 _ Number Of Pages (not counting cover sheet): t_ Coinrncnts; NNW r 1 N0 1 1 1.9. • t��r1�1 • .- -• • lfyou do not receive l'h.Yolal nruuber ofpages indicated er VOU Uperleirce any proble ,:s in receiving IhIs fax, please call 90.l- 268.3202 . • • 11/11/04 15:65 P02 SOUTHE.RN MEDICAL SERVICES 0FJAX, INC. A DIVISION OF PNEUMOTRON, INC. Handicap Driving Systems / Residential St Commercial Wheelchair Lifts 11747 Phillips Highway, #202, Jacksonville, FL 32256 (904) 268.3202 • toalw Fax (904) 262 -0509 November 11, 1994 City of Edgewaler 104 North Riverside Drive Edgewater, FL 32123 -0100 Attn: Mr. Kyle Feglcy Dear Mr. Fegley: This letter is to inform you that the delays with the Wheelchair Lift at the Police Evidence Building weru not the fault of Cornerstone Construction. The delays were caused by a mistake that Southern Medical made on the original delivery date and by problems beyond Cornerstone Construction's dontrol. The lift was shipped by Access Industries on 11 -10 -94 and should arrive on 11.16 -94., Nov We apologize for delays and any inconvenience it may have caused you. If you have any further questions please do not hesitate to call. • Sincerely, . z a A Mark C. Pappy Project Manager MCP/lh cc: Chuck Smith • • Co • K. AGENDA REQUEST C.A. NO.: 94 -141 Date: December 12, 1994 err► NEW UNFINISHED CONSENT BUSINESS 12/19/94 BUSINESS PUBLIC HEARING RESOLUTION ORDINANCE ITEM DESCRIPTION /SUBJECT: Retaining Dean, Ringers, Morgan and Lawton to Represent City in Rita Malone v. City of Edgewater, S &E Contractors, Inc. and Elizabeth Fenical BACKGROUND: On September 13, 1994, the Mayor was served with the attached Complaint alleging personal injury to a Rita Malone as the result of S &E's construction activities related to the driveway located at ,,,, 2317 Royal Palm Drive. Pursuant to the City's contract with S &E, it is Staff's position that S &E is obligated to assume full defense of the City in this matter and to indemnify the City for any damages or judgement rendered in this case. To assist the City in evaluating this matter, I contacted the law firm of Dean, Ringers, Morgan and Lawton. Pursuant to a recommendation from the League of Cities, the Self- Insurance Committee has previously utilized this firm for assistance in evaluating and responding to another claim. In reference to the Malone case, Joseph Flood, an attorney with Dean, Ringers, Morgan and Lawton, has filed the necessary preliminary pleadings and contacted S &E to assert the City's position regarding S &E's responsibilities. To date S &E has not acknowledged its responsibility to the City. Since the plaintiff is continuing to pursue the lawsuit and S &E has not agreed to assume the City's defense, it is necessary for the City to retain counsel in this matter. RECOMMENDATION /CONCLUSION: Attached is a copy of the firm resume of Dean, Ringers, Morgan and Lawton. The firm's current hourly rate to the City is a very reasonable $95.00. I have been very satisfied with the firm's responsiveness and work quality to date. Accordingly, I recommend that the Dean, Ringers, Morgan and Lawton be formally retained to represent the City in the case of Rita Malone v. City of Edgewater, S &E Contractors, Inc. and Elizabeth Fenical. It is certainly Staff's intention to hold S &E responsible for any costs expended by the City in defense of this matter. FUNDS AVAILABLE: ACCOUNT NUMBER: Self - Insurance Fund ` osy (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO XXX DATE: AGENDA ITEM NO. Respectfully submitted, C cur nce: /4cade, A-. Se(vAL, Krista A. Storey Ferdinand Munoz City Attorney Acting City Manager KAS Attachments Nollw IN THE CIRCUIT COURT OF THE SEVENTH DISTRICT, IN AND FOR VOLUSIA COUNTY CASE NUMBER: 94- 32000 -CICI RITA MALONE DIVISION 32 JUDGE: RICHARD B. ORFINGER Plaintiff vs CITY OF EDGEWATER, S & E CONTRACTORS, INC., AND ELIZABETH FENICAL Defendant 1 C O M P L A I N T The Plaintiff sues the Defendants and alleges: 1. At all times relevant to this action the Plaintiff was over the age of 18 years and sui juris. Now 2. At all times relevant to this action the City of Edgewater was a municipality located in Volusia County, State of Florida. 3. At all times relevant to this action S & E Contractors, Inc., was a Florida corporation, with its principal place of business in Clearwater, Pinnellas County, State of Florida. 4. All actions relevant to this action occurred on or about February 5, 1993 at 2317 Royal Palm Drive, Edgewater, Volusia County, Florida. 5. At that time and place the Defendants together caused the driveway and road at the aforementioned location to be dug up, 'ww leaving a lip from where the surface used to be and where the drive surface existed of several inches. 6. The Defendants together negligently maintained the driveway and /or roadway, so that the aforementioned lip existed. 7. The negligent condition was known to the Defendants are had existed for a sufficient length of time so that the Defendants should have known of it. 8. As a direct and proximate result of the dangerous condition and the negligence of the Defendant, the Plaintiff was injured: a) in and about her body and extremities b) suffered pain therefrom c) incurred medical expense in the treatment of the injuries d) suffered physical handicap, and her working ability was impaired; The injuries are either permanent or continuing in nature and the Plaintiff will suffer the losses and impairment in the future. 9. As a condition precedent to this action the Plaintiff has complied with the Notice requirements to the City of Edgewater required under the Florida Statutes and the Plaintiff has fulfilled all conditions precedent to the filing of this action. WHEREFORE, the Plaintiff demands judgment for damages against the Defendants and demands a trial by jury. BRIGHT & CHIMERA, P.A. Attorneys for Plaintiff 29 N.E. 4 Avenue Delray Beach, Florida 33483 (407) 278 -0200 By: *or J. REEVE BRIGHT FLORIDA BAR NO: 322938 PAP ZIly G .0 u 9 1994 G r Y I ..iANEY ANDREW L. RINGERS Mr. Ringers began his working career as an insurance adjuster in Orlando. He served in the U.S. Navy for four years. He received the DANA Scholar award and, in 1969, his Juris Doctor from Stetson University. His career as a practicing attorney began in January 1969 with the Howell, Kirby law firm in Cocoa. He opened their Orlando office in January 1970. In September of 1976 he and others formed the firm of Dean, Ringers, Morgan & Lawton, P.A. The firm continues to practice in Orlando with 18 practicing attorneys within the firm at the present time. He has been given an AV rating by Martindale - Hubbell Law Directory and is board certified in workers' compensation. Mr. Ringers is a member of the Florida Bar Association, American Bar Association, Supreme Court of the United States, the Orange County Bar, American Trial Lawyers Association, Southern Association of Workers' Compensation Administrators, and the International Association of Insurance Counsel. DALE O. MORGAN Mr. Morgan received his Juris Doctor from Stetson College of Law in 1971, having graduated second in his class. He is Board Certified by the Florida Bar in their designation as a Board Certified Civil Trial Lawyer. He has received the International .Academy of Trial Lawyers Award for distinguished achievement in the art and science of advocacy in 1970, as well as recipient of the Clint Green Award in trial practice. He has been the major legal speaker at many state and national seminars for recovery room personnel, nurse refresher and anesthesia refresher seminars, the League of Municipalities and Municipal Attorneys seminars. He has been a judge many times in the Chester Bedell Memorial Mock Trial Competition throughout the State of Florida and is a member of numerous bar and legal societies and associations, including the American Judicature Society,•the International Association of Defense Counsel, the Florida Defense Lawyers' Association, Inc., the Orange County Bar Association, the American Bar Association, and the Association of Trial Lawyers of America. Mr. Morgan has handled and /or tried cases throughout the State of Florida, and in Federal Courts in essentially every area of negligence, including but not limited to, products liability, medical malpractice, Now automobile negligence, slip and fall, municipal liability, Federal 1982 and 1983 cases, and other civil rights actions, EPA and DER ground contamination cases and numerous declaratory actions. He is rated nationally, AV, the highest rating by the Martindale - Hubbell Law Directory. He is admitted to practice with the Federal District Court, State Courts, and US Supreme Court. WILLIAM E. LAWTON Mr. Lawton received his Juris Doctor from the University of 4, Florida in 1973. While a law student, he was awarded the American Jurisprudence award in Estates and Trusts in 1972. The Martindale - Hubbell Law Directory has given Mr. Lawton an AV rating. The area of law in which he practices consists primarily of litigation in the area of torts, including but not limited to products liability actions, medical malpractice matters, slip and fall negligence actions, wrongful death matters, civil rights actions and declaratory judgment actions involving insurance coverage matters. Mr. Lawton has tried cases throughout the State of Florida in both the State and Federal Court systems. His Bar admissions include the State of Florida and the District of Columbia. The courts in which he has been admitted to practice are the United States District Court for the Middle District of Florida, the United States Court of Appeals for the Eleventh Circuit and the United States Supreme Court. His memberships and associations include Board Certified Civil Trial Lawyer with the Florida Bar Board of Certification, National Board of Trial Advocacy, Orange County Bar Association, American Judicature Society, Florida Defense Lawyers Association, Defense Research and Trial Lawyers Association and the International Association of Insurance Counsel. i✓ LAMAR D. OXFORD Mr. Oxford graduated from Princeton University in 1971, after growing up in Central Florida. He taught in Seminole County, Florida from 1972 -1974. Mr. Oxford graduated from the University of Florida Law School in 1976. He was admitted to the Florida Bar Association in March of 1977, along with the U.S. District Court and U.S. Circuit Court of Appeals. He then joined the firm in 1977 and became a partner in May 1981. He specializes in civil trial practice, with emphasis on insurance defense, personal injury, products liability, and appellate practice. He is a member of the American Bar Association, Orange County Bar Association, Seminole County Bar Association, the American Arbitration Association, the Defense Research Institute and the Princeton University Alumni Schools' Committee. F. SCOTT PENDLEY Mr. Pendley graduated from the University of Florida in 1978 N,, and received his law degree in 1981 from Mercer University in Macon, Georgia. He has been admitted to practice law in both State and Federal Courts in Florida and Georgia. The majority of his practice is in the area of tort and civil rights litigation and he regularly litigates these types of cases in both State and Federal Court. Mr. Pendley has lectured on civil rights at various seminars on the issues of police misconduct and public employment. He is Board Certified in Civil Trial Law and is a member of numerous legal societies. JEFFRY J. BRANHAM Mr. Branham practices law in Central Florida and is a partner *wow in the firm of Dean, Ringers, Morgan and Lawton, P.A. He graduated from Florida State University and received his Juris Doctor with honors from Florida State University. He was an Assistant State Attorney in Orange County, Florida, for four years. He is board certified in workers' compensation and his practice deals primarily in the defense of workers' compensation cases and in handling cases involving the Florida Special Disability Trust Fund. He is a member of the Florida Defense Lawyers Association; the Florida Bar (Workers' Compensation Section); and the Orange County Bar Association. JOSEPH R. FLOOD Mr. Flood received his Bachelor of Science Cum Laude in 1979 and Juris Doctor degree in 1982 from Florida State University where he was a member of the Law Review. He served as an Assistant State Attorney in Seminole County for four years. Mr. Flood specializes in personal injury cases. He is admitted to practice before all Florida Courts, the U.S. Court of Appeals for the llth Circuit, the U.S. District Court for the Middle District of Florida and the U.S. 411., Claims Court. Mr. Flood is a member of the American Bar Association, The American Trial Lawyers Association, The Florida Defense Lawyers' Association and the Seminole and Orange County Bar Associations. SANDRA RENE STEPHENS Ms. Stephens graduated from the University of Florida with a Bachelor of Arts degree in Political Science in 1982 and a Juris Doctor degree in 1985. She was a member of the Moot Court Board and the Trial Competition Team. She served as a judicial aide to The Honorable Monterey Campbell. She is a member of the Orange County Bar Association and the American Bar Association and specializes in personal injury cases. AVA F. TUNSTALL Ms. Tunstall has an extensive background in a variety of areas of law. She has represented individuals in the areas of Criminal Law, Family Law, Personal Injury and Workers' Compensation. She iit graduated from the University of Miami School of Law in 1983. She is a member of the Florida Bar, charter member of the Appellate and Advocacy Section of the Florida Bar, Orange and Seminole County Bar Associations, Central Florida Association of Women Lawyers and Williams Inns of Court. She also is admitted to practice before the United States District Court for the Middle District of Florida, the United States Court of Appeals for the Eleventh Circuit and the United States Supreme Court. Currently Ms.Tunstall is concentrating her practice in the area of Appellate Law in State and Federal Court. Nr POLLY MCINTYRE Ms. McIntyre began her career in Washington D.C., writing appellate briefs for the Board of Veterans Appelas. She came to Florida in 1983 and worked as an assistant state attorney for 6 years. Ms. McIntyre now specializes in the defense of Workers' Compensation claims and claims for reimbursement against the Second Injury Fund. She graduated from Auburn University with High Honors in 1978 and Cumberland School of Law in 1981 where she was awarded Best Oral Advocate in her class. She is a member of the Florida, Alabama and the District of Columbia Bars as well as the American Bar Association the Florida Associati can for Women Lawyers and the Florida Bar Workers' Compensation Rules Committee. She has served as Chairperson of the Orange County Bar Child Care Committee and is admitted to practice in the U.S. District Court, Middle District of Florida. Ms. McIntyre is certified Circuit Court Mediator and currently does private workers' compensation mediations. DONOVAN A. ROPER %ow Mr. Roper graduated from Florida State University in 1987 with a Bachelor of Arts degree. He received his Juris Doctor from Stetson University College of Law in 1990. He practices in the liability section of the firm, specializing in civil rights litigation, insurance defense for municipalities and for commercial insurers and in personal injury. He is a member of the Florida Bar, the American Bar Association, Florida Defense Lawyers Association, U.S. District Court, Middle District of Florida, the United States Court of Appeals for the Eleventh Circuit, the Association of Trial Lawyers of America, and the Orange County Bar Association. DOUGLAS T. NOAH Mr. Noah practices in the area of civil litigation. He received his Juris Doctor from Stetson University College of Law in 1990 where he was active on the mock trial team which won several national competitions. Mr. Noah has been awarded the Kraft W. Eidman Award by the American College of Trial Lawyers, the Victor 0. Wehle Award in trial practice and is a national member of the + Order of Barristers. He is author of Florida's New Poison Pill Statute - A Framework of Analysis for Director's Refusal to Redeem, 20 Stetson Law Review 65, as well as other articles offering legal opinion in various periodicals. He is a member of the Florida Bar, the U.S. District Court, Eleventh District of Florida and the Federal Circuit Court of Appeals, Eleventh Circuit. Mr. Noah sits on the Board of Directors of the Center for Independent Living in Central Florida, Inc. 'fir. JEFFREY R. RICHARDSON Mr. Richardson began his legal career with the Special Disability Trust Fund, of Labor and Employment Security, State of Florida, then served as one of the Department's counsel to the Division of Workers' Compensation. He graduated from the University of Alabama School of Law in 1986. He joined the firm of Dean,"Ringers, Morgan & Lawton in January, 1992 and practices Workers' Compensation defense and Special Disability Trust Fund cases. He is a member of the American Bar Association, the Florida Bar, Workers' Compensation Section of Florida Bar and the Florida Defense Lawyers Association. ALAN D. KALINOSKI Mr. Kalinoski is an attorney experienced in Workers' Compensation, personal injury, products liability, subrogation and general litigation. He is also experienced with the Americans with Disabilities Act and civil appeals at various appellate levels. He is a graduate from the John Marshall Law School in Chicago where he Now served on the Moot Court Board. He is the author of "Workers' Compensation - A Practical, Statutory and Procedural Guide" and "Failure of the Arbitration Process in Workers' Compensation Disputes: Does Anyone Care ?" Alan is a member of the Florida and Illinois Bar and his admission to the District of Columbia is pending. He is also a member of the Workers' Compensation Lawyers' Association and is admitted to the United State District Court, Middle District of Florida and Northern Illinois District. He has been involved in Florida Workers' Compensation since 1982. He is a former member of the Professional Golfers' Association of America. BETH MILLER THOMAS Ms. Thomas graduated from the University of Florida in 1981 with a Bachelor of Science degree in Pharmacy. She received her Juris Doctor from Florida State University in 1987 and became a member of the Florida Bar in October 1987. Ms. Thomas has been admitted to practice before the U.S. District Court, Middle District of Florida, the U.S. Court of Appeals, Eleventh Circuit, N and the Supreme Court of the United States of America. She is a member of the Association of Trial Lawyers of America, the Academy of Florida Trial Lawyers, Florida Association for Women Lawyers, and the American Bar Association. li JOHN D. ROBINSON Mr. Robinson graduated with honors from the University of Central Florida in 1978 and received his Juris Doctor from Mercer University in 1982. He was the recipient of the American Jurisprudence Award for Administrative Law. He handles virtually all civil legal areas with an emphasis on insurance defense. He specializes in health insurance law including the Federal Employment Retirement Income Security Act (ERISA) statutes. Other areas include federal civil rights, corporate, municipal, products liability, auto, premises and other negligence. He is a member of the Florida Bar Association. (including Trial Lawyers and Health Insurance sections),. American Bar Association (including the Tort & Insurance Practice section), the Florida Defense Lawyers Association, Orange County Bar Association and the Defense Research Institute. He has been admitted to practice in the U.S. Court of Appeal, Eleventh Circuit and the U.S. District Court, Middle District of Florida. MICHAEL J. ROPER Now Mr. Roper graduated from Florida State University in 1981 and received his Juris Doctor from the University of Florida in 1984. He joined the firm in 1985 and became a partner in 1990. He specializes in insurance defense litigation in both federal and state courts with emphasis on defense of governmental entities in tort and civil rights actions, products liability, automobile negligence and health insurance law. He is a member of the Florida Bar Association, the American Bar - Association, the Florida Defense Lawyers Association and the Defense Research Institute. He has been admitted to practice in the U.S. District Court, Middle District of Florida and the U.S. Court of Appeals, Eleventh Circuit. FRANK C. WESIGHAN Mr. Wesighan graduated from Florida State University in 1980 and received his Juris Doctor from the University of Florida in 1982. He was an Assistant State Attorney in Orange County, Florida for three years. He practices primarily in the area of Workers' Now Compensation defense and Special Disability Trust Fund cases. Mr. Wesighan is certified in Workers' Compensation law by The Florida Bar Board of Legal Specialization and is a member of the Orange County Bar, The Florida Bar, the American Bar Association, Florida Defense Lawyers Association, American Trial Lawyers Association, United State Court of Appeal. for the Eleventh Circuit, United States District Court and the Middle District of Florida. 7, q. AGENDA REQUEST Date: December 13, 1994 New Unfinished Consent Business Business Public Hearing Resolution X Ordinance ITEM DESCRIPTION /SUBJECT: Resolution 94 -R -29 Establishing Fees for Development Reviews, Permits, and Inspections BACKGROUND: The administrative portion of the new Land Development Code (LDC) goes into effect January 1, 1995. Ordinance 94 -0 -26 which adopted the new LDC repealed certain parts of the existing City code at the same time. The repealed sections included all of the City's development related fees. As set forth in the LDC, a fee resolution is needed to establish new fees. Staffs suggested fee schedule is presented in Resolution 94 -R -29 (as Exhibit "A ", which is attached.) The fees are divided into three parts. Each part is discussed briefly below. Part I - Planning and Engineering Approval and Permits Part I contains a number of changes. Listed below are the proposed increases. All other fees in Part I are new (except annexations and driveways which remain unchanged.) Proposed Existing Conditional Uses (formerly Special Exceptions) $175.00 or $10.00 $100.00 per acre, whichever is greater low Minor Replats & Lot Splits (formerly minor $100.00 $ 75.00 plus Subdivisions) $ 1.00 per lot Page -2- Resolution 94 -R -29 Proposed Existing Preliminary Record Plat and Construction Approval $250.00 or $20.00 $ 75.00 plus (formerly Subdivisions) per acre, whichever $ 1.00 per lot is greater Site Plan Approval $250.00 plus $150.00 $100.00 per study Text Amendments $125.00 $100.00 Tree Removal Permits $25.00 per acre 1 -10 trees $15.00 11 -25 trees $25.00 Zoning Map Amendments $175.00 or $10.00 $100.00 per acre, whichever is greater. Part II - Construction Permits It is proposed that most of the construction fees remain the same. Some new fees have been added while others are proposed to increase. The new fees include demolition permits, gas permits, permits to move a structure and plan checking. Below is a list of the fees that are proposed to increase. Proposed Existing Temporary Electrical Poles $15.00 $ 1.00 Above Ground Pools $15.00 $ 3.00 Manufactured/Mobile Homes Placement Base Fee $50.00 $24.00 Electrical Fee $20.00 $15.00 Plumbing Fee $20.00 $10.00 Mechanical $20.00 $10.00 Page -3- Resolution 94 -R -29 The major change in the Building permits is the method used in determining valuations. As you can see by examining part II of Exhibit "A ", building permit fees are determined by the value of the proposed construction. No change is proposed for the fees, just the method of estimating the construction values. Currently the Building Division uses fixed values that haven't been increased in years. Staff suggests that the valuations should now be determined by the latest valuation data available from the Southern Building Code Congress International, Inc. (SBCCI). SBCCI publishes "Southern Building. This magazine contains a section called "Building Valuation Data" which is printed in June and December for local governments to use in the permitting process. An example of the impact of this change is shown below on a 1,600 square foot home. Current Method: 1,200 x $35.00 = $42,000 r,,.,. 400 x $17.50 = 7,000 $49,000 Building Permit Fee $198.00 Proposed Method (SBCCI Data with Florida Modifier) Assumed Average Construction: 1,600 X $44.50 = $70,480 Building Permit Fee $262.44 The other significant change has already been mentioned above. The plan checking fee is a fee submitted up front at the time plans are brought in for review. As per the recommended fee schedule in the Standard Building Code, staff is suggesting that the review fee be 50% of the building permit fee. In the example above, the plan checking fee would be $131.22. This figure is in addition to the building permit fee. The plan checking fee is intended to do two things. First, the fee will assist in cost recovery. Second, the fee will reduce the number of applications that are processed and then sit unclaimed in the Building Division. Plan checking fees are not innovative, most other communities charge a review fee. Part III: Fire Prevention and Protection Fees All the fees in Part III are new. Section 709 of the LDC establishes annual fire protection permits. These permits authorize storage, handling, and use or processing of hazardous substances. Part II also includes a plan review for the Fire Department. This review fee would not be collected on plans which are not reviewed by the Fire Department, such as single - family residences and duplexes. The fee is in addition to the plan checking fee proposed for the Building Division. Page -4- Resolution 94 -R -29 �+w► RECOMMENDATION /CONCLUSION: Fees are an important revenue source for the City. In fiscal year 1994, construction permits generated $127,993 in revenue. This figure represents 2.25% of the total revenue generated by the City. If the City did not charge fees for construction permits, the millage rate would have to be increased 6.26% (based on Fiscal Year 1995 millage). While 2.25% of the total revenue was generated by construction permits, the City did not cover its costs. Construction permits generated only enough revenue to fund 70.07% of the expenditures last year for the Building Division. This means that individuals not using the services of the Building Division subsidized approximately 30% of the costs for those people that did. Looking at the Department of Community Development as a whole, construction permits covered only 27.64% of expenditures in fiscal year 1994. An argument is often made that fees should not be established because staff members time is already covered. In one sense it is true that time is "covered" so long as the budget is balanced. This argument ignores the important role that fees play in balancing the budget. Ad valorem taxes make up only about a third of all revenues. Certainly a good counter argument can be made that ad valorem taxes should support only those services which are generally used by the public. It follows from this point of view, that when there is a more specific use of services to those receiving that service, should bare a large majority of the costs. Staff recommends that Council consider adopting Resolution 94 -R -29. FUNDS AVAILABLE:Account Number: (SPECIFY IF BUDGET AMENDMENT IS REQUIRED): PREVIOUS AGENDA ITEM: YES NO DATE: AGENDA ITEM NO.: ittsr ct� 0 fzsuv 7.R. Arbeurk Page -4- 'i.y Resolution 94 -R -29 RECOMMENDATION /CONCLUSION: Fees are an important revenue source for the City. In fiscal year 1994, construction permits generated $127,993 in revenue. This figure represents 2.25% of the total revenue generated by the City. If the City did not charge fees for construction permits, the millage rate would have to be increased 6.26% (based on Fiscal Year 1995 millage). While 2.25% of the total revenue was generated by construction permits, the City did not cover its costs. Construction permits generated only enough revenue to fund 70.07% of the expenditures last year for the Building Division. This means that individuals not using the services of the Building Division subsidized approximately 30% of the costs for those people that did. Looking at the Department of Community Development as a whole, construction permits covered only 27.64% of expenditures in fiscal year 1994. An argument is often made that fees should not be established because staff members time is already covered. In one sense it is true that time is "covered" so long as the budget is balanced. This argument ignores the important role that fees play in balancing the budget. Ad valorem taxes make up only about a third of all revenues. Certainly a good counter argument can be made that ad valorem taxes should support only those services which are generally used by the public. It follows from this point of view, that when there is a more specific use of services, those receiving that service should bare a large majority of the costs. Staff recommends that Council consider adopting Resolution 94 -R -29. FUNDS AVAILABLE:Account Number: (SPECIFY IF BUDGET AMENDMENT IS REQUIRED): PREVIOUS AGENDA ITEM: YES NO DATE: AGENDA ITEM NO.: tow Page -5- Resolution 94 -R -29 Respectfully submitted, `Stk \ I \I- \o—Ni-Z Mark P. Karet Director of Community Development Concurrence: bL George E. McMahon City Manager 4,44, Krista A. Storey City Attorney c:Udra\agdargst\94r29 RESOLUTION NO. 94 -R -29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ESTABLISHING A SCHEDULE OF FEES TO COVER THE COSTS OF TECHNICAL AND *a✓ ADMINISTRATIVE ACTIVITIES REQUIRED BY THE LAND DEVELOPMENT CODE; REPEALING RESOLUTIONS IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. On November 7, 1994, the City Council adopted Ordinance No. 94 -0 -26 enacting the administrative portion of the Land Development Code. 2. Section 301 of the Land Development Code authorizes the City Council to establish by resolution a schedule of fees and charges to cover the technical and administrative activities required by the Code. 3. With the January 1, 1995, effective date of the administrative portion of the Land Development Code, it is necessary for the Council to adopt an applicable schedule of fees. NOW THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater, Florida: Section 1. Establishing Schedule of Fees. Pursuant to Section 301 of the Land Development Code the schedule of fees set forth in Exhibit A, attached hereto and incorporated by reference, is hereby established. Section 2. All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Section 3. This resolution shall take effect on January 1, 1995. 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 94 -R -29 1 PASSED AND DULY ADOPTED this day of , 1994. 'ow ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Susan J. Wadsworth Jack H. Hayman, Sr. City Clerk Mayor APPROVED FOR FORM & CORRECTNESS: Krista A. Storey City Attorney rr.. 94 -R -29 2 EXHIBIT A DEVELOPMENT FEES PART I - Planning & Engineering, Approvals & Permits Naw Annexation $300 per Application Appeals Any Applicable Advertising Costs Clearing & Grading Permits $25 per acre or fraction thereof Comprehensive Plan Amendment $175 or $10 per acre, whichever is greater, (for small scale amendments.) $350, plus Advertising Costs Conditional Uses $175 or $10 per acre, whichever is greater. Development Agreements l iktr $300 plus fees for any approvals bundled with agreement. Driveway Permits $25 includes one inspection $25 re- inspection Mining Permits $100 per application Minor Replats & Lot Splits $100 includes two inspections $25 re- inspection Preliminary Record Plat and Construction Plan Approval $250 or $20 per acre, whichever is greater. Right -of -way Abandonments and Plat Vacations $125 per application Now Site Plan Approval $200 plus $100 per required impact study Stormwater Permits A. $50 Plan and stormwater calculation review B. $50 Two construction inspections EXHIBIT A DEVELOPMENT FEES PART I - continued Page -2 of 2 w Text Amendments $125 per application Tree Removal Permits $25 per acre or fraction thereof Variances $100 per application Wetland Permits $100 per application Zoning Map Amendments $175 or $10 per acre, whichever is greater N,,.► PART II - Construction Permits Page 1 of 4 BUILDING PERMIT FEES Building valuations shall be as per the latest issued building valuation data and applicable Florida Modifier contained in the Magazine "Southern Building" as published by the Southern Building Code Congress International, Inc. TOTAL VALUATION FEE $1,000 and less $15.00 MINIMUM $1,000 to $40,000 $15.00 for the first $1,000.00 $4.00 for each additional thousand or fraction thereof, to and including $40,000.00. $40,000 to $100,000 $171.00 for the first $40,000.01 plus $3.00 for each additional thousand or fraction thereof, to and including $100,000.00. %or $100,000.01 to $500,000 $351.00 for the first $100,000.01 plus $2.00 for each additional thousand or fraction thereof, to and including $500,000.00. $500,000.01 and up $1,551.00 for the first $500,000.01 plus $1.00 for each additional thousand or fraction thereof. MOVING FEES For the moving of any building or structure, the fee shall be $100. DEMOLITION FEES For the demolition of any building or structures, the fee shall be: 0 up to 100,000 cu ft $50.00 100,000 cu ft and over $0.50 /1,000 cu ft °fir. PART II - Construction Permits continued Page 2 of 4 ELECTRICAL FEES Before a permit is issued for any electrical work or installation for which a permit is required, fees in accordance with the table below shall be paid. No permit shall be issued for less than fifteen dollars ($15.00). Base $15.00 250 Amp $66.70 100 Amp 26.45 300 Amp 79.35 125 Amp 33.06 Temporary Pole 15.00 150 Amp 39.67 Swimming Pools 15.00 200 Amp 52.90 Signs 15.00 PLUMBING PERMIT FEES Before a permit is issued for any plumbing, sewer, or drainage work or installation for which a permit is required, a fee or fees, in accordance with the table below, shall be paid. No permit shall be issued for less than ten dollars ($10.00). Fee for permit $10.00 Per fixture charge 2.00 Fire sprinkle system connected to City water supply 5.00 Fire stand pipe lines, Siamese, roof manifold lines 1.00 Each outlet, sprinkler head 1.00 Sprinkler or irrigation system, overhead or underground, for each head or underground 1.00 SIGN PERMIT FEES Each application for a sign permit for a sign containing not electrical wiring or lighting shall be accompanied by a fee in the amount of five dollars ($5.00) for the first five (5) square feet, or fraction thereof, of the advertising display area of the sign and thirty cents ($0.30) for each additional square foot, or fraction thereof, of such area. For a sign containing electrical wiring or lighting, there shall be an additional fee as required by the Edgewater Electrical Code. SWIMMING POOL FEES Residential Pools: Pools without enclosure $50.00 Pools with enclosure 75.00 PART II - Construction Permits continued Page 3 of 4 hrr Commercial Pools: Pools without enclosure $75.00 Pools with enclosure 100.00 Above Ground Pools: $15.00 MANUFACTURER/MOBILE HOME PLACEMENT Base $50.00 Electrical 20.00 Plumbing 15.00 Mechanical 15.00 GAS PERMIT FEES Base $5.00 N `'' Inspection of consumer's gas piping at one location (including both rough and final piping inspection) for one to four outlets, inclusive 5.00 each additional unit 1.00 Inspection of conversion burners, floor furnaces, incinerators, broilers, or central heating or a/c units -one to four units 5.00 each additional unit 1.00 Inspection of vented wall furnaces and water heaters -one unit 2.50 each additional unit 1.00 PENALTIES Any person who commences any work on a building structure, sign, electrical, gas, ` iorr mechanical or plumbing system before obtaining the necessary permits, shall be subject to a penalty of 200% of the usual permit fee in addition to the required permit fees. REINSPECTION At any time building inspection personnel are obligated to reinspect any building or premises, mobile home lot or mobile home within the City to ascertain compliance with the codes as PART II - Construction Permits continued Page 4 of 4 Nor adopted by the City regarding building, electrical, plumbing, mechanical, gas and other, a reinspection fee of fifteen dollars ($15.00) shall be levied for said reinspection and increases of fifteen dollars ($15.00) shall be added for each additional reinspection. PLANS - CHECKING FEE When the valuation of the proposed construction exceeds $1,000.00 and a plan is required to be submitted by Section 104. of Standard Building Code, a plan- checking fee shall be paid at the time of submitting plans and specifications for checking. Said plan- checking fee shall be equal to one -half of the building permit fee as set forth above. Such plan- checking fee is in addition to the building permit fee. Nov PART III: Fire Prevention and Protection Fees Page 1 of 4 Permits and Permit Fees: These fees for the required annual Permits shall be as follows: Now Proposed Fee 1. Airports, Heliports, and Helipads $25.00 2. Bowling Pin and Bowling alley resurfacing and refinishing 25.00 3. Cellulose Nitrate Motion Picture Film 50.00 4. Cellulose Nitrate Plastic (Pyroxylin) 50.00 5. Combustible Fibers 35.00 6. Compressed Gases: a) Non- flammable 25.00 b) Flammable 35.00 7. Crude Oil 35.00 8. Cryogenic Fluids 35.00 9. Dry Cleaning Plant 25.00 Now 10. Explosives, Blasting Agents. and Ammunition 150.00 11. Fireworks 50.00 12. Flammable and Combustible Liquids: Flammable per Tank a) Interior (per Chapter 4 of SFPC) 25.00 b) Exterior (over 10 gals) Above Ground 25.00 c) Tanks (over 60 gals) 50.00 Combustible per Tank d) Interior (over 25 gals) 25.00 e) Exterior tanks (over 60 gals) Above Ground 25.00 f) Tanks (over 100 gals) Above Ground 50.00 13. Flammable Finishes 35.00 Now 14. Fruit Ripening Processes 25.00 15. Fumigation and Thermal Insecticide Fogging: a) Per occurrence (requires 24 hour notice) 15.00 b) Failure to give 24 hour notice 50.00 PART III: Fire Prevention and Protection Fees continued Page 2 of 4 Now 16. Hazardous Chemicals: a) Corrosives 50.00 b) Flammable Solid 50.00 c) Highly toxic materials 150.00 d) Irritant 50.00 e) Other health hazards 50.00 f) Organic Peroxides 100.00 g) Oxidizer, solid or liquid 50.00 h) Oxidizer, gaseous or liquified 50.00 i) Pyrophoric 50.00 j) Radioactive 50.00 k) Sensitizer 50.00 1) Bio -toxic 100.00 m) Unstable 100.00 n) Water Reactive 100.00 o) Combination of 2 or more Hazardous Chemicals 300.00 17. High Piled Combustible Stock 50.00 18. Liquefied Natural Gas (per tank) 35.00 19. Liquefied Petroleum Gas (per tank, 1000 gal or greater) 35.00 20. Lumber Storage 50.00 21. Magnesium Storage /use 50.00 22. Mechanical Refrigeration 15.00 23. Motion Picture Projection (per projection room) 50.00 24. Organic Coatings 50.00 25. Ovens (industrial: Baking, Drying) 25.00 *tow 26. Reserved for Future Use 27. Place of Assembly (Class C) 15.00 28. Place of Assembly (Class B) 25.00 PART III: Fire Prevention and Protection Fees continued Page 3 of 4 Proposed Fee 29. Place of Assembly (Class A) 50.00 30. Repair Garages 25.00 a) 6 or more repair bays 50.00 31. Tank Vehicles for Flammable and Combustible Liquids (street, per vehicle) 25.00 32. Tents and Air Supported Structure (ea.) 25.00 33. Tire Rebuilding/Refinishing Plant 75.00 34. Wrecking Yard, Junk Yard, or Waste Handling Plant 50.00 35. Open Flame (SFPC 3101.14) 25.00 36. Underground Flammable or Combustible Tank Removal or Abatement (per tank) 50.00 37. Multi -Use Permit: (any combination of Permits EXCEPT those included in Hazardous Chemicals, maximum) 150.00 38. Failure to obtain a Permit 100.00 and Double the Permit Fee 39. Special Public Event 35.00 and Standby Fee of $150 /per hr (if required by Fire Official) Other required Permits not specifically addressed above, the actual costs of issuing the Permit. This cost shall include at a minimum: inspection, clerical, standby charges (if necessary), 'wooer' administrative costs. PART III: Fire Prevention and Protection Fees continued Page 4 of 4 Plans Review for Buildings: New Construction , and Renovation; Fees A fee for plan review shall be charged to recover a portion of the costs of this service. This fee shall be calculated by building use, as found in the Occupancy Classifications in the Standard Building Code, and shall be calculated on the basis of square footage. This fee shall be paid at the Edgewater City Hall at the time of the submission of the plan(s). The fees shall be as follows: 1. Assembly $0.0025 /sq.ft. 2. Business $0.001 /sq. ft. 3. Educational $0.0025/sq. ft. 4. Factory/Industrial $0.005 /sq. ft. 5. Hazardous $0.0075/sq. ft. 6. Institutional $0.0025/sq. ft. 7. Mercantile $0.001 /sq.ft. 8. Residential $0.0025/sq. ft. 9. Storage $0.002 /sq.ft. 10. Mixed The section with the highest level of life safety risk shall determine the rate for the entire building 11. Fire Flow calculations $ 15.00 Exception: Reviews of an automatic fire suppression systems plans protecting an entire building(s) and its contents, and installed in accordance with the requirements of the appropriate N.F.P.A. Standard, shall be exempt from plans review fees charged in the previous sections. Specialty Plan Review Fees A fee for plan(s) review of unusual or atypical projects shall be charged to recover a portion of the costs of this service. Examples of these types or structures or projects would include, but not be limited to: 1. $0.0025 per square foot of improved area. c:\mpk1994 \dev.fee 7 , 4. AGENDA REQUEST C. A. No.: 94 -140 Date: December 12, 1994 rr NEW UNFINISHED CONSENT BUSINESS BUSINESS PUBLIC HEARING 12/19/94 RESOLUTION ORDINANCE ITEM DESCRIPTION /SUBJECT: Public Hearing - Fong Development Agreement BACKGROUND: On November 30, 1994, the LDRA /Local Planning Agency held the first required public hearing to consider the Fong Development Agreement regarding an approximately 20 acre parcel located between U.S. #1 and the Indian River Lagoon just south of the Palm Breeze subdivision. The Agreement proposes the creation of three single - family residential lots and the extension of the commercial use of the property one hundred (100) feet to the east. The LDRA voted 5- Now 0 to recommend approval of the Agreement subject to a change in Paragraph 6 regarding the buffer area to be created. That language has been included in the attached draft and is set forth in the underlined portion of Paragraph 6 on page 3. Also attached is a copy of the informational packet which was submitted to the LDRA. The City is authorized to enter into development agreements pursuant to the provisions of the Florida Local Government Development Agreement Act. Section 163.3225, Florida Statutes, requires the City to hold two public hearings before adoption of a development agreement. At the option of the City, one public hearing may be held by the local planning agency. This is the procedure which has been established in the Land Development Code. On December 12, 1994, notice of this second public hearing was published in the News Journal. In addition, as required by Section 163.3225, the date of the second public hearing was announced at the first public hearing held by the LDRA. RECOMMENDATION /CONCLUSION: e rre Staff recommends that the City Council consider approval of the attached Fong Development Agreement. The Development Agreement has been approved as to legal form and correctness. FUNDS AVAILABLE: ACCOUNT NUMBER: (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO XXX DATE: AGENDA ITEM NO. Respectfully submitted, Concurrence: 1.(4,.k_ • ` ' C Krista A. Storey Ferdinand Munoz City Attorney Acting City Manager Mark P. /'&4 Director of Community Development KAS Attachments %.• r LAND DEVELOPMENT AND REGULATORY AGENCY INFORMATION SUMMARY CASE # DA -9401 PROJECT NAME: Fong Property APPLICANT /AGENT: Philip Fong OWNER: She Chung Fong & Poo Joo Fong REQUESTED ACTION: Development Agreement PROPOSED USE: Residential and Commercial LOCATION: Between Palm Breeze Drive and Ranken Drive AREA: 20.20+ Acres `""" EXISTING LAND USE: Commercial and Residential FUTURE LAND USE: Commercial and Low Density Residential ZONING DISTRICT: B -3 and R -1 SURROUNDING AREA EXISTING LAND USE /FUTURE LAND USE /ZONING DISTRICTS: NORTH: Single - family Residential & Commercial (Palm Breeze Dr./Urban Low Intensity/R- 3W, B -4W SOUTH: Vacant Commercial, Vacant Residential & Single- family Residential (along Swordfish Lane and Ranken Drive/Urban Low IntensityB -4W, R -4W, R -3W EAST: Single - family Residential & Indian River/ Urban Low Intensity & Indian River/R- 4W & Indian River WEST: Vacant Commercial/Commercial/B-4 APPLICABLE SECTION(S) OF CODE: Article VII, procedure for Subdivision approval and all other applicable regulations associated with the subdivision approval process. 411 GDP REALTY GROUP INC. Licensed Real Estate Broker October 6, 1994 Development Statement 1r► Proposed Subdivision: The proposed subdivision Riverside Estate consists of three large single family lots along the Indian River. The proposed subdivision is approximately 4.70 acres. The subdivided Tots range from 1.3 acres to 2.0 acres with each having an approximate 100 feet of river access. Sword Fish Lane, an existing private shell road owned by the Ranken drive Homeowners Association (RDHA) will be extended to provide ingress and egress to Riverside Estate. Water and sewer lines will also extended along Sword Fish Lane to service the proposed subdivision. The proposed Riverside Estate subdivision will join in membership with the RDHA. Proposed Rezoning: The proposed rezoning portion of R1 to B3 is about 2.40 acres. The dimension of the existing B3 portion is 1000 feet along U.S. Highway 1 with a depth of 250 feet. The proposed rezoning will in effect extend the depth by an additional 100 feet. N '" Buffer Area: There is a buffer area between the proposed Riverside Estates subdivision and the proposed rezoned B3 boundary. The surveyed wetland portion in the buffer area will be designated as a conservation easement. The remaining portion of the buffer area may be used for storm -water management consequential to future development of the commercial (B3) tract. Method of Financing: Development financing will be arranged with local financial institutes. Sun Bank and Barnett Bank are the most likely prospects. Projected Schedule of Development: Upon approved from all governmental agencies, development is scheduled to commence within 90 days. Development construction is should to be completed within 120 days from the date of commencement provided that there will not be any unforeseeable delays or complications. "or Respectfully submitted, Philip Fong Agent 1221 East Robinson Street • Orlando, Florida 32801 • USA • (407) 898 -4080 • Fax: (407) 895 -1357 421 -E Canal St. • New Smyrna Beach, Florida 32168 • USA • (904) 428 -8791 • Fax: (904) 756 -3766 MEMORANDUM r TO: Land Development and Regulatory Agency , FROM: Mark P. Karet, Director of Community Developmentf�/� DATE: November 23, 1994 SUBJECT: DA -9401 - Development Agreement Applicant - She Chung Fong & Poo Joo W. Fong Authorized Agent - Philip Fong Request: The applicants' wish to enter into a development agreement with the City that will allow the `r► creation of 3 homesites and the redesignation of a portion of their property for future commercial use. Background: The applicants own a parcel of land located between U.S. Highway #1 and the Indian River Lagoon. South of the property is Ranken Drive and Swordfish Lane. North of the property is Palm Breeze Drive The parcel's total size is 20.20+ acres. It is vacant except for 3 billboards along U.S. Highway #1. The property has 302+ feet of frontage along the river and just over 1000 feet of highway frontage. The land contains 1.35± acres of wetlands. The parcel has 2 future land use designations on it. Low Density Residential (5 units per acre maximum) has been applied to the eastern 14.30 acres. The remaining 5.9 acres adjacent to the highway have been designated commercial on the City's Future Land Use Map. The Low Density area has been zoned R -1, Single - family Residential while the commercial area is zoned B -3, Highway Service Business. ,`, The draft agreement "divides" the applicants' parcel into 3 uses as shown below. Commercial = 8.30+ Acres Buffer = 6.20+ Acres Residential = 5.70+ Acres 20.20± Acres Page - DA -9401 - Development Agreement Applicant - She Chung Fong & Poo Joo W. Fong The applicants want to construct a roadway that will access Swordfish Lane and develop 3 large lots ranging in size from 1.3+ to 2.0+ acres. Each of these lots would have frontage on the river. Single - family residences will be constructed on the lots. The applicants also want to increase the depth of their commercial frontage by 100 feet or 2.4 acres. Separating the commercial and residential uses will be a buffer. At its narrowest point the buffer will be 157+ wide. Discussion: If the agreement is approved by the Council, it will have the affect of relaxing 2 subdivision requirements. The first requirement is that all new streets must be paved. The second requirement is that all lots must front on a publicly dedicated road. The applicant wishes to construct an unpaved shell road because the 2 roadways, Swordfish Land and Ranken Drive, which will connect the proposed road to U.S. Highway #1 are both privately maintained shell roads. Staff does not object to this as long as the City does not take on the responsibility of maintaining any new unpaved streets. As a result the agreement provides for the private ownership and maintenance of the proposed roadway. In return for relaxing these requirements and the expansion of the commercial area, a significant amount of the owners land will be placed in the buffer. The buffer will serve as open space and as protection for the wetlands. Current requirements call for no more than 25 feet of uplands buffer around a wetland. Recommendation: The Department of Community Development supports the applicant's request for a developers agreement. Staff suggests that the LDRA make a favorable recommendation to the City Council. MPK/smp c:Udra \correspo \da9401 L.. " II 1 ).e),, Lci � i 1 I t 1 11011 11 r I i t � Akk i ' II * ce4,,7,--Vi4#117A%'± ia Sr Ad Y a 7 80 coM RINI •... i Liii : � ■ t 3 8 g *rsiq .P.;:zw. >< . io- I 1. ,,,,,,i .„: .., i _ j Iv . - .7 i ilibibiler I, , - 4 I , / -- ,L11:::,::,.:, , 0 \ __, , X ' / .. % WA I 1 "" . :&I v ° a T 'T , "*441 m t N l o m 1 „Jr ,, is ,, ,: ,D,.i 7, 11/. ii \ i- . i . / 1 N , - fa %4 A , \ � 5 *44/ 1 vt-A4/) . VI i 6., FONG DEVELOPMENT AGREEMENT THIS AGREEMENT made and entered into this day of , 1994, by and between the CITY OF EDGEWATER, FLORIDA, a municipal corporation, (hereafter "City "), and SHE CHUNG FONG and POO JOO W. FONG, (hereafter "Developer "). NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth herein and other good and valuable consideration, the parties agree as follows: 1. LEGAL DESCRIPTION AND OWNER The property subject to this Agreement is an approximately twenty (20) acre parcel located between U.S. Highway No. 1 and the 'fir' Indian River Lagoon just south of the Palm Breeze unrecorded subdivision in Edgewater, Florida, and its legal description is set forth in Exhibit A which is attached hereto and incorporated by reference. Developer is the fee simple owner of the property. 2. DEVELOPMENT USES PERMITTED The land subject to this Agreement shall be developed in accordance with the August 19, 1994 conceptual plan prepared by H & H Engineering of Orlando, Florida, a copy of which is attached hereto and incorporated by reference as Exhibit B. 3. DURATION OF AGREEMENT The duration of this Development Agreement shall be ten (10) years from the date of execution. However, the Developer shall apply for approval of construction plans for all road work and utility work depicted on Exhibit B no later than one (1) year from the date of execution of this Agreement. The construction plans must be approved by the City Engineer and Director of Utilities prior to the commencement of the work. Construction shall be completed no later than one (1) year after approval of the construction plans. The City shall grant an extension of time for completion of construction if the Developer is unable to comply through no fault of its own. (agreemnt /devel.Fong) December 13, 1994 1 4. FUTURE LAND USE AND ZONING DESIGNATION The subject property is designated Low Density Residential and Commercial on the City's Future Land Use Map. The commercially designated area is shown on Exhibit B as Tract C and is zoned B -3, Highway Service Business District. The remainder of the property is zoned R -1, Single Family Residential District. When construction of the improvements begins, the City agrees to initiate an amendment to its Comprehensive Plan and rezone Tract D, which is depicted on Exhibit B, to extend the commercial use of the property one hundred (100) feet to the east. Upon completion and acceptance of all improvements specified in Paragraph 5 and the recording of the environmental easement provided for in Paragraph Now 6, the Plan amendment and rezoning shall become effective. 5. PUBLIC FACILITIES Any development within the subject property after the execution date of this Agreement will require connection to the City's water distribution system and wastewater collection system. Developer shall be responsible for the engineering, permitting, and construction of these improvements, including all costs associated therewith. The design and installation of the improvements shall be subject to the approval of the City. Developer shall be responsible for the maintenance of the `n. water and wastewater improvements for a period of one (1) year after approval of the constructed systems by the City. The City shall be responsible for the maintenance of the improvements thereafter. Prior to the City assuming maintenance responsibility, Developer shall dedicate to the City the water and wastewater lines. Developer shall also secure a grant to the City of a perpetual easement over the roadways depicted as Tract A on Exhibit B and Swordfish Lane for the purpose of maintaining the improvements. Prior to recording, the easement shall be approved as to form and correctness by the City Attorney. The roadway depicted as Tract A on Exhibit B will be a private low (agreemnt /devel.Fong) December 13, 1994 2 road engineered, permitted and constructed by Developer at no cost to the City. Pursuant to this Agreement, the City assumes no ""err responsibility for the maintenance of this road. In order to provide necessary City services to the subject property, the Developer hereby grants the City permission to travel over the roadway. The Developer will insure sufficient and continuing maintenance of the roadway to allow City vehicles to safely travel thereon and to prevent damage to City vehicles and injuries to City personnel. 6. DEDICATION OF LAND FOR PUBLIC PURPOSES In Tract B, as depicted on Exhibit B, a buffer area shall be created between the designated residential area and the designated Niftw commercial area. The buffer area will be placed in an environmental easement which shall be established to ensure the protection of wetlands located in Tract B. Developer shall grant to the City a perpetual environmental easement for Tract B for the purpose of preserving and maintaining the sanctity of the wetlands. Portions of the buffer area may aloe be used for stormwater management provided that the wetlands are not adversely effected. However, Developer shall maintain the east twenty -five (25) feet of Tract B in its natural and undisturbed state and in the remainder of Tract B, Developer agrees to make every effort possible to preserve the natural vegetation. Prior to recording, the easement shall be approved as to form and correctness by the City Attorney. 7. PERMITS REQUIRED The Developer shall submit an application for subdivision plat approval to the City consistent with Exhibit B of this Agreement once the improvements specified in Paragraph 5 have been accepted by the City. This application shall be subject to the requirements of Chapter 5, Subdivision and Platting Procedures, of the Land Development Code of the City of Edgewater, Florida, even though the effective date of this Agreement is prior to January 1, 1995, when that portion of the Land Development Code shall become effective. it (agreemnt /devel.Fong) December 13, 1994 3 Any development on the subject property after the execution of this Agreement shall be in compliance with all applicable City Now ordinances and regulations effective at that time unless such requirements are contrary to the terms of this Agreement. All local development permits shall be obtained at the sole cost of the Developer and, in the event that any such local development permits are not received, no further development of the property shall be allowed until such time as the City Council has reviewed the matter and determined whether or not to terminate this Agreement or modify it in a manner consistent with the public interest and the Edgewater Comprehensive Plan. 8. CONSISTENCY OF DEVELOPMENT The City Council hereby determines that the development permitted or proposed in this Agreement is consistent with the Edgewater Comprehensive Plan and the Land Development Code of the City of Edgewater, Florida. 9. DEVELOPMENT REOUIREMENTS Failure of this Agreement to a particular permit, condition, term or restriction shall not relieve the Developer of the necessity of complying with the those permitting requirements, conditions, terms or restrictions, and any matter or thing required to done under the existing ordinances of the City shall not be otherwise amended, modified or waived unless such modification, amendment or waiver is expressly provided for in this Agreement with specific reference to the ordinance provisions so waived. 10. AMENDMENT This Development Agreement may be amended or revoked after compliance with the public hearing provisions of §163.3225, Florida Statutes. 11. APPEAL If the Developer is aggrieved by any decision of any City officer interpreting the terms of this Agreement, the Developer shall first file a written appeal with the Secretary to the Land Nur (agreemnt /devel.Fong) December 13, 1994 4 Development and Regulatory Agency (hereafter LDRA). After receiving the written request, the matter shall be placed on the next available LDRA agenda after the appeal is received. If the Developer is aggrieved by the decision of the LDRA, the Developer shall then appeal to the City Council. The appeal shall be initiated by the Developer by filing a written request with the City Manager for placement of the issue on the City Council agenda. After receiving the written request, the City Manager shall place the matter on the next available City Council agenda after the appeal is received. 12. PERFORMANCE GUARANTEES Should the subject property be sold to any person, firm or "y' corporation, the purchaser shall be required to develop the property in compliance with the terms of this Development Agreement and applicable regulations of the City not inconsistent with, or contrary to, this Development Agreement. 13. BINDING EFFECT The provisions of this Development Agreement, including any and all supplementing orders and resolutions, and all final site plans, shall bind and inure to the benefit of the Developer or their successors in interest. The provisions of this Development Agreement and all approved plans shall run with the land and shall be administered in a manner consistent with the laws of the State of Florida. 14. RECORDING Pursuant to Section 163.3239, Florida Statutes, within fourteen (14) days after the City enters into the Agreement, the City shall record the Agreement with the Clerk of the Circuit Court in Volusia County. The cost of such recording shall be paid by the Developer. A copy of the recorded Development Agreement shall be submitted to the state land planning agency within fourteen (14) days after the Agreement is recorded. This Agreement shall not be effective until it is properly recorded and until Nay (agreemnt /devel.Fong) December 13, 1994 5 thirty (30) days after having been received by the state land planning agency. 15. PERIODIC REVIEW Noy The City shall review the development subject to this Agreement every twelve (12) months, commencing twelve (12) months after the effective date of the Agreement to determine if there has been good faith compliance with the terms of the Agreement. If the City finds on the basis of competent substantial evidence that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or modified by the City. Now Now Now (agreemnt /devel.Fong) December 13, 1994 6 IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the date and year first written above. r,,,,, 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 DEVELOPER She Chung Fong Now STATE OF FLORIDA COUNTY OF VOLUSIA I hereby certify that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared She Chung Fong, to me known to be the person described in and who executed the foregoing instrument, and she acknowledged before me that she executed the same. WITNESS my hand and official seal in the County and State last aforesaid, this day of , 19 Notary Public State of Florida at Large My commission expires: Now Poo Joo W. Fong STATE OF FLORIDA COUNTY OF VOLUSIA I hereby certify that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared Poo Joo W. Fong, to me known to be the person described in and who executed the foregoing instrument, and he acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid, this day of , 19 Now Notary Public State of Florida at Large My commission expires: (agreemnt /devel.Fong) December 13, 1994 7 EXHIBIT "A" LEGAL DESCRIPTION Property located in that part of U. S. Lot 7, Section 2, T 18 S, R Now 34 E lying Easterly of U. S. Highway No. 1 as now monumented and in the North 300 feet of U. S. Lot 1 in Section 1 of T 18 S, R 34 E and riparian rights to property in said U. S. Lot 1 and being more particularly described as now surveyed; Commence at the Southeast corner of U. S. Lot 7, Section 2, T 18 S, R 34 E; thence N 0 °32'12" W along the East line of said U. S. Lot 7 a distance of 300 feet for the Point of Beginning; thence continue along the East line of said U. S. Lot 7, N 0 °32'12" W a distance of 619.64 feet; thence S 89 °56'40" E and parallel to the North line of said U. S. Lot 7 a distance of 185.73 feet to the East line of U. S. Lot 1, Section 1, T 18 S, R 34 E; thence N 25 °18'40" W along said East line of U. S. Lot 1, Section 1 (U. S. Government meander line) a distance of 302.92 feet; thence S 64 ° 41'20" W a distance of 32.59 feet; thence S 72 °57'20" W a distance of 50.15 feet; thence N 0 °03'20" E a distance of 35.46 feet; thence N 89 °56'40" W and parallel to the North line of said U. S. Lot 7 a distance of 120 feet; thence N 0 °03'20" E a distance of 120 feet to a point in the said north line of U. S. Lot 7, said point being N 89 °56'40" W and a distance of 137.29 feet from the Northeast corner of said U. S. Lot 7; thence N 89 °56'40" W along said North line of U. S. Lot 7 a distance of 349.23 feet; thence S 79 °07'00" W a distance of 593.78 feet to a New point in the Easterly R/W line of U. S. Highway No. 1 as now monumented said point being S 26 °41'41" E and a distance of 126.18 feet from the intersection of said North line of U. S. Lot 7 and the said Easterly R/W line of U. S. Highway No. 1; thence S 26 °21'24" E along said R/W a distance of 216.24 feet to a D.O.T. R/W monument; thence S 26 °42'23" E along said R/W a distance of 141.62 feet to a D.O.T. R/W monument said monument being the P.T. of a curve to the right said curve having a radius of 5827.65 feet; thence S 23 °47'51" E along the chord of said curve a distance of 587.79 feet to a D.O.T. R/W monument said monument being the F.C. of said curve; thence S 20 °59'32" E along said R/W a distance of 54.66 feet; thence N 89 °56'30" E a distance of 662.76 feet to the Point of Beginning, containing 20.20 acres more of less. The above described property being the same as described in Official Records Book 1326, page 258 of the Public Records of Volusia County, Florida. Now Nor (agreemnt /devel.Fong) December 13, 1994 8 1 8•R. • THE CITY OF EDGEWATER POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100 Mayor Jack H. Hayman City Manager George E. McMahon District 1 Councilman Danny K. Hatfield City Attorney Krista A. Storey District 2 Councilwoman Louise A. Martin City Clerk Susan J. Wadsworth District 3 Councilman Michael D. Hays AGENDA REQUEST District 4 Councilman David L. Mitchum Date: December 6, 1994 NEW UNFINISHED CONSENT BUSINESS BUSINESS X PUBLIC HEARING RESOLUTION ORDINANCE ITEM DESCRIPTION /SUBJECT: PROPOSED LEGISLATION FOR UNIFORM CITY ELECTION DAY Itar BACKGROUND: On March 7, 1994 the City Council appointed me to serve on the Uniform Election Day Committee. This Committee consisted of City Clerks from Volusia County and Deanie Lowe, Supervisor of Elections served, as the Chairperson. The purpose of this committee was to provide uniform filing and election dates for all municipal elections to elect their municipal officers in Volusia County. The attached is the committee's latest draft #6, dated 12- 06 -94, which is being presented to you for your review. Deanie Lowe, Supervisor of Elections, is asking that the City Council take a formal vote in support of the proposed legislation so she can have support letters in hand when she approaches the legislative delegation in January. If the City Council does not want to take part in the uniform election at this time, there is an opt -out provision, but Ms. Lowe is asking that Council authorize a letter stating the City Council does not oppose the legislation. Supervisor of Election Deanie Lowe will be present at the December 19, 1994 meeting to give a presentation and answer any questions the Council may have. Now I have also enclosed a copy of the results from the survey done by W.W. Young and Associates earlier this year which addressed the question: Should Edgewater coordinate its city elections with Volusia County, even if it requires changing the current election date? 104 NORTH RIVERSIDE DRIVE FAX - (904)424 -2409 SUNCOM 383 -2400 CITY CLERK -( 904) 424 - 2407 -- PERSONNEL - (904)424 -2408 RECOMMENDATION /CONCLUSION: Council decision FUNDS AVAILABLE: ACCOUNT NUMBER: N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PRESENTED BY: Susan J. Wadsworth PREVIOUS AGENDA ITEM: YES X NO DATE: March 7, 1994 AGENDA ITEM NO. 4 -C -1 Respectfully submitted by: Susan J. adsworth City Clerk,CMC Now Ire DEC -06 -1994 17:24 FROM U lusia Elections TO Edgewater F.02 Draft #6 12 -06-94 A bill to be entitled "fir An act relating to Volusia County; providing for legislative intent; providing uniform filing dates and uniform election dates for municipal elections, providing for terms of office; providing for correspondence of terms of municipal office to the common dates provided in this act; providing that the general law for absentee ballots shall apply to all absentee ballots in municipal elections; providing for exemptions; providing an effective date. Be it enacted by the Legislature: Now Section 1. Legislative intent. -- It is the intent of this act to provide for uniform filing and election dates for all municipal elections to elect municipal officers in Volusia County. It is not the intent of this act to determine the length of terns of municipal officers. Section 2. Any election relating to a municipal office shall be held in each odd - numbered year as follows: General elections shall be held on the first Tuesday after the first Monday in October. al Primary elections, if required by municipal charter or local ordinance, shall be held on the first Tuesday after the first Monday in September. fiii) Runoff elections, if required by municipal charter or local ordinance when a tie occurs, shall be held on the first Tuesday after the first Monday in November. (b) Municipalities with overlapping terms for officers of their gpverninakpdy mks/ also hold their Plhrtion in even numbered years but in the same months as above in subsecpns DEC -06 -1994 17:25 FROM U lusia Elections TO Edgewater P.03 • and Hi. However, the Supervisor of Elections with the concurrence of a majority vote of the Volusia Council of Governments may change any election date in order to avoid a conflict with a religious holiday. Section 3. Candidates for an elected municipal office in Volusia County shall file such papers and pay such fees as may be required by law with the applicable municipal clerk during normal office hours on any business day during the last two full (Monday through Friday) business weeks of July. The names of all candidates and the offices for which they have filed shall be received by the supervisor of elections from the municipal clerks by 5 p.m. on the fast Friday after the close of qualifying. Section 4. Municipal officers elected pursuant to this act shall take office no later than the second Tuesday after the first Monday in January. Section 5. Initially, any officer whose term of office expires in an odd numbered year shall stand for reelection in that year. Initially, any officer whose term of office expires in an even numbered year before April 1 shall stand for reelection in the preceding year, and any officer whose term of office expires in an even numbered year on or after April 1 shall stand for reelection in the following year. Officers who sit on ggyerninp bodies with overlapping terms 5hal1 stand for re- election in the year in which their term expirts. The provisions of this section shall apply only to the first election for each office to be held under the provisions of the act. Thereafter, the length of terms of all municipal offices shall correspond to length set by the /_ • • ., ._.... • • • • • municipal ordinance. However, the commencement and expiration of terms of office shall be at times consistent with the dates provided pursuant to this act. vow Section 6. Unless otherwise provided in accordance with this section, the Florida Election Code shall apply to the administration of absentee ballots for municipal elections. The supervisor of elections shall administer absentee ballots for a municipality which so requests. A municipality may adopt by ordinance and administer its own procedures for absentee ballots. If a municipality administers absentee ballots, the municipal clerk shall fulfill the functions assigned the supervisor of elections by the Florida Election Code. Section 7. The provisions of this act shall supersede any conflicting municipal charter Now provisions to the extent of any conflict; however, the governing body of any municipality may exempt itself from the provisions of this act by adopting an ordinance declaring its exemption. Also the governing body of any municipality may, by ordinance and without referendum, amend its municipal charter to conform with the provisions of this act. Section 8. This act shall take effect immediately upon being signed into law. "fir► Should Edgewater coordinate its city elections .,, with Volusia County, even if it requires changing the current election date? • No 34% ■ Yes 66% low TOTAL RESPONSE: 1631 YES: 1079 NO: 552 N.W. TOTAL RESPONSE: 257 N.E. TOTAL RESPONSE: 78 YES: 69%(177) YES: 67%(52) NO: 31%(80) NO: 33%(26) S.W. TOTAL RESPONSE: 683 S.E. TOTAL RESPONSE: 129 YES: 64 %(439) YES: 74%(95) NO: 36 %(244) NO: 26 %(34) PHONE TOTAL RESPONSE: 370 N YES: 55 %(202) NO: 45 %(168) • AGENDA REQUEST Date: December 12, 1994 NEW UNFINISHED CONSENT BUSINESS BUSINESS X PUBLIC HEARING RESOLUTION ORDINANCE New ITEM DESCRIPTION /SUBJECT: Fundraising Project for 26 Acres "Tour of Homes ". BACKGROUND: Follow up to past discussions - see Memo. RECOMMENDATION /CONCLUSION: Follow up to past discussions - see Memo. FUNDS AVAILABLE: ACCOUNT NUMBER:. SPECIFY IF BUDGET AMENDMENT IS REQUIRED) '"'r" PRESENTED BY: Jack Corder, Director of Parks & Recreation PREVIOUS AGENDA ITEM: YES X NO DATE: August 22, 1994 AGENDA ITEM NO. Respectfully submitted, (cut .��i Jack Corder Director of Parks & Recreation Co rr ce: Now George E. McMahon �� g City Manager agenda.req DATE: December 12, 1994 TO: George McMahon, Mayor & City Council FROM: Tour of Home - Fundraising Project Staff has several matters that need to be discussed concerning the Tour of Homes fundraising project. Discussion should include options of the following issues: A. Location 1. Should we obtain a lot that is highly visible to traffic? Example: building lot on Indian River Boulevard. B. Design: House approximately 1,600 sq. ft. includes 3 bedrooms, 2 baths, fireplace, plus 2 car garage. ,.,. 1. Should we have an architect to design house or let contractors design with bid? C. Swimming Pool 1. Should we include a swimming pool with screen enclosure? D. Eligibility 1. Who is eligible to win Tour of Home and who is not? E. Extras 1. Do we want to include extras to house? Examples: A. Heat Pump B. Heat -a -lator C. Solar Water Heat D. Wood Double Pane Windows E. Hurricane Shelters F. Other +�r► F. Funding 1. Borrow from Insurance Fund at % over current interest rate. 2. Seed money to start project. G. Interior 1. Furnished H. Marketing 1. In- house. I. Ticket Price 1. $20.00 J. Security 1. Safety Deposit Box for tickets a. Local Bank b. City Hall The cost of the Home will vary depending on the design and the extras that might be added. Estimated cost range $70,000.00 to $100,000.00. You may have other questions concerning this project. Staff is asking that all issues be finalized so that we may move forward with the project.