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12-20-1993 .~ , u o Votino Order Councilman Jones Councilwoman Martin Councilman Hays Councilman Mitchum Mayor Hayman AGENDA CITY COUNCIL OF EDGEWATER DECEMBER 20, 1993 7:00 p.m. COMMUNITY CENTER 1. Call to Order, Roll Call, Allegiance Invocation, Pledge of 2. Approval of Minutes A. Regular Meeting of December 6, 1993 3. Citizen Comments 4. Consent Agenda Items on the consent agenda are defined as routine nature that do not warrant detailed discussion or individual action by the Council; therefore, all items remaining on the consent agenda shall be approved and adopted by a single motion, second and vote by the City Co u n c i 1 . Items on the consent agenda are not subject to discussion. One of the most basic rules of a consent agenda is that any member of the City Council may remove any item from the consent agenda simply by verbal request at the City Council meeting. Removing an item from the consent agenda does not require a motion, second or a vote; it would simply be a unilateral request of an individual Councilmember. A. Authorizing City Manager to sign Florida Municipal Insurance Trust and Florida Municipal Self Insurers Fund Large Member Rating Agreement B. Minol ta Copier Lease Agreement wi th Copytronics 5 . Business Tony Pawlak re: $150.00 sewer hook up fee Approval of payment from Self-Insurance Fund for Lightning Damage costs at Water Treatment Plant Water line extension costs/South Chapter 180 Reserve Area New A. B. C. 6. Ordinances, Public Hearings, and Resolutions First Reading: A. Ord. 93-0-18 Repealing Article II, Council Proceedings of Chapter 2, Code of Ordinances B. Res. 93-R-29 Transfer of State Revenue Sharing Funds to State Board of Administration account on monthly basis Second Reading: (Public Hearing) (None) (j <.) .~. City Council of Edgewater : Agenda - December 20, 1993 Page Two 7. Unfinished Business A. Police Department Computer Software Agreement with Communications Engineering Technology, Inc. (From December 6, 1993) B. Ruth A. Plummer's request for financial assistance for Family Crisis Help Center (From December 6, 1993) C. Discussion regarding referendum for road paving 8. Council/Officers Reports A. City Attorney B. City Manager C. City Council 9. Questions from Press 10. Citizen Comments 11. Adjourn. All items for inclusion on the January 3, 1994, City Council agenda must be received by the City Manager's office no later than 4:30 p.m. on Monday, December 27, 1993. 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. i Li, i AGENDA REQUEST Date: December 8. 1993 NEW UNFINISHED CONSENT 12/20/93 BUSINESS BUSINESS PUBLIC HEARING RESOLUTION ORDINANCE ITEM DESCRIPTION /SUBJECT: Approve signing of the following Florida Municipal Insurance Trust and the Florida Municipal Self Insurers Fund Large Member Rating Agreement. BACKGROUND: The City of Edgewater maintains various insurance policies to protect the City against a number of risks through the Florida "ir+ League of Cities Public Risk Services. The League requires that the following forms be signed. 1. Florida Municipal Insurance Trust - Uninsured Motorists / Underinsured Motorist Selection Form (two parts to FMIT 158). 2. Florida Municipal Self Insurers Fund - Large Member Rating Agreement (one part FMSIF) The City Attorney has reviewed the three forms to be signed. RECOMMENDATION /CONCLUSION: Staff recommends City Council's consideration of the City Manager signing these forms /agreement. FUNDS AVAILABLE: ACCOUNT NUMBER: Funds have been budgeted in the various departments for Workers Compensation and in the Self Insurance Fund for all other risks. (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) F.D. NO.: 12 -01 PRESENTED BY: Ferdinand Munoz, Finance Director PREVIOUS AGENDA ITEM: YES NO XX DATE: AGENDA ITEM NO. Re pec ul ly �u ted , Fer.inandMunoz, CPA ( i7el . ) Finance Director Co currence: Now Geor E. McMahon City Manager Copy to: File FLORIDA MUNICIPAL INSURANCE TRUST UNINSURED MOTORISTS / UNDERINSURED MOTORIST SELECTION FORM YOU ARE ELECTING NOT TO PURCHASE CERTAIN VALUABLE COVERAGE WHICH PROTECTS YOU AND YOUR EMPLOYEES, OR YOU ARE PURCHASING UNINSURED MOTORIST LIMITS LESS THAN YOUR BODILY INJURY LIABILITY LIMITS WHEN YOU 'fir SIGN THIS FORM. PLEASE READ CAREFULLY. AGREEMENT NO. FMIT 158 DESIGNATED MEMBER City of Edgewater SELECTION FORM UNINSURED MOTORISTS / UNDERINSURED MOTORISTS COVERAGE - REJECTION: I/We reject Uninsured / Underinsured Motorists coverage and request that such coverage be eliminated from the Agreement, all renewals, and any other provisions which extends, changes, supersedes or replaces this agreement. I/We do not want Uninsured Motorists /Underinsured Motorists Coverage. Authorized Signature Date Now UNINSURED MOTORISTS / UNDERINSURED MOTORISTS COVERAGE - INCREASED LIMITS: I/We accept the offer of increased limits for Uninsured / Underinsured Motorists in the Combined Single Limit amount of bodily injury each accident for the option specified below: (check, sign & date for only ONE option). n Lower limit(s) than the limit(s) of the agreement for bodily injury liability, but not less than the Financial I I Responsibility minimum limit(s) required by law. • Authorized Signature Date Limit(s) EQUAL to the limits) of the agreement limit(s) for bodily injury liabiiity. Authorized Signature Date X It is understood that Uninsured Motorist / Underinsured Motorists coverage is not afforded in the Self — Insured Retention layer of $300,000 each occurrence. 10/1/93 Authorized Signature Date (10/92) AGREEMENT NO. FMiT 153 FLORIDA MUNICIPAL INSURANCE TRUST Now NAMED INSURED City of Edgewater OPTION FORM 1. PERSONAL INJURY PROTECTION 0 The member acknowledges and understands that the agreement identified above will provide the full no- fault Persona! Injury Protection coverage required by the Florida Reparations Reform Act, as amended. 2. Deductible Amount Applicable to Personal Injury Protection - Optional (select only one) O $250 0 $2,000 0 $500 • $1,000 low 3. 0 Coverage reduced by "Medicare" Program (42 USC 1395) and by Military benefits - Optional 4. 0 Work Toss does not apply - Optional 5. No Deductible Applicable to Personal Injury Protection - Optional O No Deductible THE MEMBER HAS READ THE ABOVE APPLICATION & DECLARE THAT MEMBER HEREBY ELECTS THE OPTIONS MARKED ABOVE AND REQUEST THEY BE MADE A PART OF THE AGREEMENT ABOVE. Authorized Signature Date IT IS UNDERSTOOD AND AGREED THAT PERSONAL INJURY PROTECTION COVERAGE IS NOT AFFORDED IN THE SELF INSURED RETENTION LAYER OF $300,000 EACH OCCURRENCE. 10/1/93 Authorized Signature Date 01 -010 (10/92) FLORIDA MUNICIPAL SELF INSURERS FUND LARGE MEMBER RATING AGREEMENT THIS AGREEMENT, made and entered this 1st day of October , 19 93 . by and between ',. the City of Edgewater (FM 771, (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 modification and divided by (.85). 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 $100,000. 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) 4 4.0 ° 1st Adjustment (9 Months) *,. 36.0% 2nd Adjustment (21 Months) 33.0% 3rd Adjustment (33 Months) h. "Maximum Premium" means 100% of Standard Premium. 1. "Minimum Premium" means Basic Expense Percentage as described above times Normal Premium. (10/92) 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 member with an annual Workers' Compensation Normal Premium of $200,000. '`r 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. WITNESS TO SIGNATURE Name of Applicant Name • Authorized Officer Address CORPORATE SEAL Clerk or Secretary Name Date Address (10/92) 0-2 4. 12). THE CITY OF EDGEWATER POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100 AGENDA REQUEST Date: December 14, 1993 New Unfinished Consent x Business Business Public Hearing Resolution Ordinance ITEM DESCRIPTION /SUBJECT: '`y Copier Lease Agreement BACKGROUND: The Department of Community Development requests approval of a lease agreement on a Minolta 5320 Copier. The lease will cost $214.00 per month. This is less than the lease amount the department currently pays of $221.63. We also participate in Copytronics equipment maintenance and supply program. This program pays for toner, developer, drums, parts, etc. Because this machine is new the cost of participating in this program will also be less. Instead of charging .0206 cents per copy, the new rate will be .015 cents per copy. RECOMMENDATION /CONCLUSION: Staff recommends that the Council consider approval of the lease subject to the City Attorney's review as to the correctness and form of the agreement. Now Page -2- `1.r FUNDS AVAILABLE: ACCOUNT NUMBER: 10515 -53440 and 10515 -53460 SPECIFY IF BUDGET AMENDMENT IS REQUIRED: PREVIOUS AGENDA ITEM: YES NO x DATE: AGENDA ITEM NO.: Respectfully submitted, vow II, l Mark P. Karet Director of Community Development Concurrence: Concurrence: wt. e'71"...(4--- 11A,Pitt A- kruu George E/IcMahon Krist A. Storey City Manager City Attorney c:\request \copier ■■■■ ■■■■■■■■■■■ ■■■ ■■■■ ::C FJ1119'L':: iiii i' r aJ A ' ■■iii LEASE NUMBER •uU ..(erirhind6,rd.f� %■U•. _ P.O. BOX 5189 • Jacksonville, FL 32247 -5189 CUSTOMER NUMBER NAME AND ADDRESS OF LESSEE SUPPLIER OF EQUIPMENT (Complete Legal Name) (Com Address ) Vi/ c/ q • °p 1 tropics 1 S6,5 �3 vi /lam •�'�, Zv s 41-7-A)(57 , c3 L_& , FZ 3 a / 3� J L_ g J PERSON TO CONTACT TELEPHONE NO. SALESPERSON TELEPHONE NO. DESCRIPTION OF EQUIPMENT LEASED (Include make, year, model, Identification and model numbers or marks) 1— 5 31 a ,, /..: ,/, Le C - 3 - /'0 CVZ.: e EQUIPMENT TO BE DELIVERED AND LOCATION AT TERMS AND CONDITIONS OF EQUIPMENT LEASE AGREEMENT ( "LEASE ") 1. SCHEDULE OF LEASE PAYMENTS DURING INITIAL TERM OF LEASE. TERM OF LEASE NUMBER AMOUNT OF EACH LEASE PAYMENT TOTAL INITIAL PAYMENT INITIAL PAYMENT REPRESENTING NUMBER OF MONTHS OF PAYMENTS - V D P:YMENT FOR FIRST AND LAST 4 7 1 Tr PAYMENT TAX OTHER / r / ON H ER) MOS (OTHER) FOUR `,,, TIONAL PROVISIONS 2. LEASE. Chemical Leasing (herein after called "Lessor) hereby leases to the LESSEE the above Equipment (herein after called "Equipment') for the number of months and the lease payments as set forth above and on the terms and conditions stated herein AND ON THE REVERSE SIDE HEREOF, LESSEE agrees that, if there is any Inconsistency between the Terms and Conditions of this Lease and of any of the LESSEES written purchase orders, the terms of this lease will govern. The Lease payments shall commence when the LESSEE has received Equipment which is equal to fifty percent of the value at cost to LESSOR of all the Equipment to be leased hereunder, and shall continue thereafter to be paid on the same day of each succeeding month in the amount specified and for the total number of payments as provided in the Schedule of Lease Payments as set forth above. All Lease Payments by LESSEE shall be payable at the office of LESSOR or at such other place as LESSOR may from time to time appoint. LESSEE hereby authorizes LESSOR the use of the initial Lease Payments made by LESSEE under this Lease, provided that LESSOR accounts to LESSEE for said payments at the termination of Lease. The amount of each rental payment is based upon the estimated total cost of the equipment shown above, including, if applicable, the cost of Installation thereof. The Lease payments shall be adjusted proportionate- ly upward or downward if the actual total cost of the equipment exceeds or is less than the estimate, and LESSEE authorizes LESSOR to adjust the Lease payments by up to twenty percent (20%) in that event. 3. WARRANTIES. LESSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE WITH RESPECT TO SUCH LEASED EQUIPMENT AND HEREBY DISCLAIMS THE SAME. LESSEE has made the selection of the above Equipment from the Manufacturer or Vendor (hereinafter collectively called "SUPPLIER" and "LESSOR") based on Its own judge- ment and expressly disclaims any reliance upon any statements or representations made by the SUPPLIER. LESSOR IS NOT RESPONSIBLE FOR ANY REPAIRS, SERVICE OR DEFECTS IN THE LEASED EQUIPMENT OR OPERATION THEREOF. In no event shall LESSOR be liable for any indirect, special or consequential damages, and without limiting the generality thereof including for any loss, cost or damage to LESSEE or others arising from detects, negligence, delays, failure of delivery, or non - performance of the Equipment. Any warranty by the SUPPLIER, which Is assignable, is herewith assigned to LESSEE by LESSOR without recourse. Such warranty will not release LESSEE from its obligations to LESSOR to make Lease Payments and to keep, maintain, and surrender the Equipment In good condition. 4. DELIVERY AND ACCEPTANCE. The Equipment shall be shipped directly to the LESSEE by the SUPPLIER, LESSEE agrees to accept such delivery of the Equipment and upon Installation thereof to execute and deliver to LESSOR the Delivery and Acceptance Receipt submitted by LESSOR. LESSEE further agrees that the validity of this Lease shall not be affected by any delay in the shipment of the Equipment by the SUPPLIER. In the event that LESSEE has not executed and delivered to LESSOR, the submitted Delivery and Acceptance Receipt upon installation of the Equipment, then it shall be conclusively presumed as between LESSOR and LESSEE, that the Equipment is acknowledged to be In good working order and condition and that LESSEE has accepted and is satisfied that the Equipment constitutes the Equipment specified in thls Lease. By execution hereof, the signer hereby certifies that he has read this Lease consisting of the foregoing and INCLUDING THE REVERSE SIDE HEREOF, and that he is duly authorized to execute this Lease on behalf of the LESSEE, and hereby acknowledges receipt of a copy of this Lease. LESSEE UNDERSTANDS AND AGREES THAT NEITHER THE SUPPLIER NOR ANY SALESMAN OR OTHER AGENT OF THE SUPPLIER IS AN AGENT OF LESSOR. NO SALESMAN OR AGENT OF THE SUPPLIER IS AUTHORIZED TO WAIVE OR ALTER ANY TERM OR CONDITION OF THIS LEASE, AND NO REPRESENTATIONS AS TO THE EQUIPMENT OR ANY OTHER MATTER BY THE SUPPLIER SHALL IN ANY WAY AFFECT THE LESSEES OBLIGATIONS TO PERFORM INCLUDING THE PAYMENT OF THE LEASE PAYMENTS SET FORTH IN THIS LEASE. LESSEE REPRESENTS AND WARRANTS THAT THIS IS A COMMERCIAL AND BUSINESS TRANSACTION AND NOT A CONSUMER TRANSACTION. CHEMICAL LEASING LESSOR LESSEE Authorized Signature and Title A th Signature and Title / Date Date 0 �✓ AFFIX SEAL GUARANTY • GUARANTY. In consideration of the financial Interest of the undersigned In Lessee, and other good and valuable consideration, receipt acknowledged, including, but not limited to, Chemical Leasing, (hereinafter col- lectively called "Assignee") entering into this and any other equipment lease agreements (collectively, "Leases") and rental agreements ( "Agreements') with the above -named Lessee, the Undersigned, jointly and severally, unconditionally guarantees to ASSIGNEE, ITS SUCCESSORS and assigns, the prompt payment in full when due or accelerated following default, of every Lease Payment and Rent Payment due under the Leases and Agreements and performance of all of Lessee's and Renter's obligations under all of the Leases and Agreements. ASSIGNEE shall not be required to proceed against Lessee and Renter or the Equipment or enforce any other remedy before proceeding against the Undersigned under this Guaranty. The Undersigned agrees to pay to ASSIGNEE all attorney's lees and expenses incurred by ASSIGNEE by reason of any default by the Lessee and Renter under the Leases and Agreements and also the exercise by ASSIGNEE to enforce Its rights against the Undersigned under the terms of this Guaranty. The undersigned waives notice of acceptance hereof and all other notices or demands of any kind to which it may be entitled and consents that ASSIGNEE may, without affecting Undersigned's liability under this Guaranty, compromise or release, in terms satisfactory to it or by operation of law or otherwise any rights against Renter and Lessee and other obligors and guarantors; grant extensions of time of payment to Renter and Lessee; and to the transfer, sale or any other disposition of the Equipment and the Agreements and Leases. Upon any default by the Renter and Lessee in the payment and performance of Its obligations under the Agreements of Leases with ASSIGNEE, the liabilities and obligations of the Undersigned hereunder shall, at the option of ASSIGNEE, become forthwith due to and payable to ASSIGNEE without demand or notice 01 any nature, all of which are expressly waived by the Undersigned. This Is a continuing Guaranty and shell not be discharged or affected by death of the Undersigned, shall bind the heirs, administrators, representatives, successors and assigns of the Undersigned, and may be enforced by or for the benefit of any assignee or successor of ASSIGNEE to the same extent ASSIGNEE may, itself, enforce it. The liability of the Undersigned hereunder is direct and unconditional and if there is more than one Undersigned, then the liability of the Undersigned hereunder shall be joint and several. This Guaranty Is executed as an instrument under seal, and all acts and transactions hereunder, and the rights and obligations of the parties hereto shall be governed, interpreted according to the laws of the State of Florida. Despite the location of LESSEE or the location to which the Equipment was delivered, or the location of guarantor, or the place of payment, any action at law or in equity to enforce the terms of this guarantee, shall be brought in the appropriate Court in Duval County, Florida, Guarantor hereby waiving any and all rights to venue in any other county. , Individually , Individually , Witness , Witness N Date Date DELIVERY AND ACCEPTANCE RECEIPT. TO: Chemical Leasing. The undersigned hereby certifies that all the equipment above is in accordance with the terms of the said Equipment Lease Agreement ( "Lease'), has been delivered, Inspected, installed, Is In good working condition, and accepted by the undersigned as satisfactory. The decals, labels, etc., if required and supplied, have been affixed to the equipment as listed In said Lease. The undersigned hereby approves payment by the Lessor or you to the Supplier. LESSEE Authorized Signature and Title Date /2 './b [/ ❑ 2461 Rolac Rd., Jacksonville, Fla. 32207, 731-5100 ❑ 614 Virginia Dr., Orlando, Fla. 32803, 898 -5511 0569 Beville Rd., Daytona Beach, Fla. 32019, 788-5500 ❑ 26 Oleander Si, Cocoa, Fla. 32922, 631 -8933 tronics arc P.O. N PURCHASE AGREEMENT COMPANY NAME ' �c�C�C- �/f� _ COMPANY NAME ' L �.Ay t } A) I N," 20N / ti PURCHASER'S NAME KEY OPERATOR TO: ADDRESS / e7 d Q ,/ ( / �7 , TO: ADDRESS CITY, STATE, ZIP — ...-- '!•t -.,? / CITY, STATE, ZIP TELEPHONE (an 17) 4.) V- ,- Vt.-D. DELIVERY DATE BEGINNING COPY COUNT ESTIMATED MONTHLY USAGE TELEPHONE QUANTITY ITEM DESCRIPTION & SERIAL IY UNIT COST EXTENSION - P'` S - D 7 (NO L i C-4-) / RF72- r ? / L-e- / up.lek -- ) / v 3 i.J ,S ())2-7 . •ss A - /- ,/,.„„:, c- _lam/ . Now Ali , /P. „s 4"'.,)iy °v /,,.,, D EMS Agreement — Copytronics, Inc. will supply to the Buyer all supplies (except paper and colored toner and developer and staples), Set up Delivery & Install Qjj9Q.e� parts and labor required In the operation of Buyer's copy equipment for the period of one year from the date of installation. In considera- Y T `�� `� tion thereof, the Buyer promises to pay Copytronics, Inc. a monthly copy volume charge at the Indicated EMS Schedule below: Sub Total 4 o ) -- /0 C /g 0 Plan of Copies )({1 I Plan of Copies' 7 O / M Plan C N of Copies (Monthly) ( o thly) (Monthly) Tax 0-500 230.00 min. charge �l7 CP g 0- �� ilse0 min. charge 0-5000 5100.00 min. charge TOTAL 501 -plus .019 per copy 0.1144111.11. e2per.eopy. 5001. 10,000 .02 per copy 8004•plus •444.8 per copy 10,001 - 20,000 .0175 per copy 42100/ r Oi-S 20,001 -plus .015 per copy Less Deposit AUTHORIZED Balance Due SIGNATURE DATE SALESMAN - TAX EXEMPT NUMBER THIS IS A NON - CANCELL CONTRACT COMPANY DATE The undersigned warrants that he Is a duly authorized corporate officer, partner or proprietor of the above name, with all necessary authorization to execute this contract. �I AME (Print) Title SIGNATURE COPYTRONICS, INC. GUARANTEED PERFORMANCE Each of the following guarantees remain In force as tong as the product(s) ordered herein are continuously covered by the Copytronics Authorized Equipment Maintenance and Supply Program. 1. As long as your new equipment Is continuously covered by Copytronics Equipment Maintenance and Supply Program, Copytronics guarantees your equipment will perform to manufacturer's specifications for as long as you own it and as long as parts are available from the manufacturer. And your copier is guaranteed to perform as well on the last copy as it did on the first. If we are unable to repair the equipment In your office Nn a timely basis, we will provide you with a loaner machine at no additional cost until repairs are completed. If your machine cannot be repaired, we replace it with a machine of equal or greater capabilities. 4e will respond to your emergency service calls in under 4 hours, during regular business hours Monday through Friday. 8:30 a.m. to 5:00 p.m., excluding holidays. If the elapsed time from when your call Is laced and our service technician arrives at your office exceeds 4 hours, you will get a 5% credit voucher toward your next equipment or supply purchase from Copytronics. 3. If you need a more sophisticated, more expensive copier in the future, you can use the investment in your original equipment again with our Upgrade Guarantee. Credits apply to manufacturer's suggested list price. Months 1 -3 4 -12 13-24 25 -36 37 -48 49 -60 61 -70 over70 Upgrade % 100 75 50 40 30 20 15 10 4. Base monthly rental charges will never increase on equipment that is continuously rented from Copytronics. In addition, if you should decide to purchase this equipment, we guarantee a minimum of 25% of your base monthly rental charges will be applied toward the purchase of the rented equipment, up 10 a maximum of 70% of its list price. 5. With the Copytronics Supply Program, you are guaranteed price protection. Please ask your sales consultant for further details. 6. Our Exclusive EMS - Equipment Maintenance and Supplies Programs Include alt parts, all labor, drums, motors, toner, developer, every nut and bolt necessary to keep your copier, copying. GUA NTEED PERFORMANCE/EMS AGREEMENT cepts Declines IMPORTANT: THE TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE OF THIS JP -2 FORM ARE AN INTEGRAL PART OF THIS CONTRACT UbU 1Uh 11:n U1'HHN, 1NU, hill( NU, yU4bl,ibbb4 • ATTACHED TO AND MADE PART OF LEASE DATED BETWEEN THE UNDERSIGNED PARTIES COVERING EQUIPMENT TO BE USED pY (DtprrVnent or Agency) CANCELLATION FOR NON - APPROPRIATION OF FUNDS 1. The Lessor and the Lessee understand and agree that the Legislature or other duly authorized official body of the undersigned Lessee can cause the said lease to be cancelled as of the end of any budget period, without charge or penalty, if the following events occur: a) The Lessee - -user department or agency - -is lawfully abolished and no successor to its powers and functions is authorized or created; and no funds are appropriated for any program in which the subject equipment is capable of use; or • b) No funds are appropriated for the lease, rental, or purchase of the subject ,,, equivalent equipment and no funds are appropriated for any program in which the subject equipment is capable of use. 2. This lease may be cancelled by the department or agency as of the end of any budget period only on the occurrence of either of the above -named events, If so cancelled, Lessee agrees to document the reasons and authority in a written notice by certified mail to the Lessor at least 60 days before the end of the budget period. 3. In the event the Lessee lawfully cancels this lease for one of the above -named reasons, the Lessor shall be entitled to receive and retain any payments due and owing up to the effective date of cancellation, following which the equipment shall be crated by the Lessee and returned to the Lessor at the Lessee's expense. ACCEPTED ON . _ 19. ... AGREED TO ON .. 19 lour LESSOR: LESSEE By: By. • Date: Date: COPYTRONICS T he �RONi "No -Risk \ 44 Guarantee 0NR0 Copytronics guarantees your ultimate satisfaction with our performance with our "No -Risk Guarantee." ■ If for any reason, we do not fulfill our responsibilities to you under our Lifetime Service Performance Guarantees, Copytronics will buy out your lease and take back the equipment. Or Copytronics will buy back the equipment you own for Copytronics' current guaranteed equity value percentage. ■ As a Copytronics / customer, register our equipment under the terms of the "No- Risk" Guarantee. S ) (Manufacturer) (Machine) (Serial #) Company Name (- Address /0., 7 X City 5d7 —f7 2 State d Zip Code .�.��,�,- lour.► President of Copytronics ustomer/Title The equipment must have been purchased new from Copytronics and continuously covered by the Copytronics Authorized Equipment Maintenance and Supply Program. Simply provide us with written notification and 30 days to rectify the problem. Unresolved disputes will be settled by the American Arbitration Association; and the customer's lease payments, as well as all obligations due Copytronics, must be current at the time of arbitration. Effective 7/1/92. YES! IT CAN BE DONE! „ 5, �. PAWLAK CONSTRUCTION 199 STATE CERTIFIED RESIDENTIAL CONTRACTOR 925 Chickadee Drive FL State Lic #CRCO 34554 3rt Orange, FL 3 212 7 (904) 756 -0879 � 12/9/93 DEAR COUNCIL MEMBERS, I AM REQUESTING TO BE PUT ON THE AGENDA AT THE NEXT CITY COUNCIL MEETING DEC. 20th., REGARDING THE $150.00 SEWER HOOK UP FEE ON 2716, 2718, 2728, AND 2730 FERN PALM DRIVE. Nor RESPECTFULLY, TONY PAWLAK Nifty • .f AGENDA REQUEST C.A. NO.: 93 -127 Date: December 13, 1993 NEW UNFINISHED CONSENT BUSINESS 12/20/93 BUSINESS PUBLIC HEARING RESOLUTION ORDINANCE ITEM DESCRIPTION /SUBJECT: Approval of Payment from Self- Insurance Fund for Lightening Damage Costs at Water Treatment Plant BACKGROUND: Attached is a claim in the amount of $10,652.35 submitted to the Self- Insurance Committee by the Director of Utilities for lightening damage costs at the Water Treatment Plant. The claim has been reviewed by the Self - Insurance Committee. Pursuant to Section 2 -68 of the Code of Ordinances, proposed settlements in excess of one thousand dollars ($1000.00) shall be submitted to the City Council for approval. If approved, $10,552.35 would be paid from the Self - Insurance Fund and a $100.00 deductible would be paid by the Utilities Department. RECOMMENDATION /CONCLUSION: The Self - Insurance Committee recommends that the City Council approve payment of the claim from the Self - Insurance Fund in the amount of $10,552.35. FUNDS AVAILABLE: ACCOUNT NUMBER: 50590 -53491 (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO XX DATE: AGENDA ITEM NO. Re submitted, Concurrence: Kr sta A. Storey George /E. McMahon City Attorney Cit "Manager F dinand Munoz Director of Finance KAS Attachment THE CITY OF EDGEWATER POST OFFICE BOX 100 - EDGEWATER, FLORIDA �,1,1741="J7.11e \ j E D DEC 0 1 1993 UTILITIES DEPARTMENT CITY ATTORNEY (904)424 -2460 FAX (904)424 - 2463 - SUNCOM- 383 -2460 —' Mayor Jack H. Hayman City Manager George E. McMahon District 1 Councilman Kirk E. Jones City Attorney Krista A. Storey District 2 Councilwoman Louise A. Martin City Clerk Susan J. Wadsworth District 3 Councihnan Michael D. Hays District 4 Councilman David L. Mitchum Date: November 30, 1993 To: Self- Insurance Committee From: Terry A. Wadsworth, Director of Utilities��UJ Sub5ect: Lightening Damage Costs for the Alan R. Thomas Water Treatment Plant Attached is a memorandum from Rob DeLoach, Water Plant Supervisor, providing an overview of the "massive electrical incident" which occurred at the Alan R. Thomas Water Treatment Plant on July 30, 1993. All repair work has been completed and the invoices have been received. I originally brought this matter up for discussion at the Department Head Meeting of August 2, 1993. Because of the cause of the damage, the contractor is not liable for the repairs, so I am requesting the expenses he charged to the self- insurance fund. As you can see, we received the final invoice November 22, 1993. 4rr` • . A *61.' Page Two Self- Insurance Committee November 30, 1993 In order to maintain the validity of the one year warranty and correction period for the entire water plant the original contractor had to perform the repair work using the materials dictated in the specifications. No separate purchase order was pulled as this work was considered a subset of the original contract. However, the actual labor was performed by two separate subcontractors, Healy -Ruff Company and Precision Control Instruments, Incorporated, in addition to Wharton - Smith. If the City will reimburse these companies directly, the 15 percent overhead and profit allowance normally payable to Wharton - Smith, the primary contractor, can be saved. A breakdown of the costs are as follows: Wharton -Smith $ 574.35 Healy -Ruff 2,187.00 Precision Control 7,891.00 TOTAL $10,652.35 Please give this matter your earliest consideration so these vendors can be reimbursed for their efforts as they responded in a timely and efficient manner to our emergency. TAW:bla "'or • THE CITY OF EDGEWATER POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100 • UTILITIES DEPARTMENT (904)424 -2460 FAX (904)424 - 2463 - SUNCOM- 383 -2460 ice► Date: November 3. 1993 To: Terry A. Wadsworth, Director of Utility From: Rob DeLoach,Water Plant Supervisor Re: Lightning damage On Friday, July 30,1993,this area was advised of a severe thunderstorm watch at 1:15 p.m.. At 1:50 p.m. there were numerous lightning strikes near and on the Alan R. Thomas Water Treatment Plant grounds and our electrical system fell victim to one or more of those. It seems we had a large amount of electricity enter over our phone lines destroying the following: 1 Digitronix CPU 1 Digitronix Bitmapper 1 Communication Port card 1 Modem 1 Telephone 1 Carbon Dioxide Control Motherboard __ 1 Clearwell Level power supply 4 Bailey Transmitters 2 Alien Bradley Communications cards 1 Ronan Annunciator Horn Driver 1 GSR Transfer Valve circuit board 1 Sparling Meter Board Assembly 1 Sparling Photocoupler We also had an automatic garage door motor circuit board assembly burn up leading me to believe the high voltage got on our power system as well. I immediately assessed the obvious damage and went into a fully manual operation of the facility. This required a minimum of two men per shift because we had to check water levels at the plant and remote storage tanks manually. Dennis Taylor from Precision Control Instrumentation was here the following day, Saturday, July 31,1993, to fully assess the damage and make the repairs he could. He came back Monday,August 2,1993, to continue repairs and by weeks end we were about halfway back to where we were before what we refer to as the "massive electrical incident ".Dennis borrowed the Bailey transmitters from the Park Ave.Booster Station to give us effluent flow and pressure, and clearwell level. We monitored our GSR level by using the target assembly on the side of the tank. Lane Stewart from Healy -Ruff arrived Tuesday, August 17,1993, to fully assess the SCADA system's damage. It took him approximately three days to complete repairs after which he stayed until Tuesday, August 24,1993, to troubleshoot some software problems. I sent the GSR Transfer Valve circuit board assembly to the PhaseGuard Co.,PA for repair. It was back in two days and Charlie George and I changed it out. Clyde Burgess from Wharton /Smith had the representative from American Roll -Up Door Co. make repairs on the Maintenance Room door driver. Dennis Taylor, PCI, received the refurbished Bailey transmitters on Wednesday, September 22,1993, and changed them out completing repairs needed for damage done July 30,1993. Should you need more detailed information do not hesitate to ask. New Wharton- Smith, Inc. General &Mechanical Contractors 750 County Road 15 / P.O. Box 471028 / Lake Monroe, FL 32747 Orlando 407/830 -8393 Sanford 407/321 -8410 FAX: 407/330 -1092 err► r TO: City of Edgewater NOV 2 2 1993 I INVOICE # 9321 104 N. Riverside Drive Edgewater, FL 32032 DATE: 11/18/93 Attention: Terry A Wadsworth RE: Lightning Damage Repairs Lightning Damage Repairs paid by Wharton - Smith, Inc. Attached Invoices: American Roll -Up Door 150.00 American Roll -Up Door 79.50 *ay Tomco 344.85 Invoice Due and Payable Upon Receipt Originator: Clyde Burgess SUB TOTAL: $574.35 Encl Fite A/R # 127.98 201 531 2 TOTAL AMOUNT DUE: $574.35 • C r 00 ! o A 8 1 --- N i 1 o 1 [)_1 co ,._, N i ; 1 a 8 c� , ` $t o , > 6 rn 0 c M • ,.� oo .:; I * 1 1 Pa i'4 r., o [[�� 5 3 • M' W i.,;, v) w o0 77�. 1 i [11 ci cc o 0 i a� ELF a ` , y RI A i > . it____ 9 g E r it in K l ' p • Q ,... N I C M i Lt c . N j o M +e; m ., 1 ( o; u No .. 1 u � 1 v C7 ° N S ` 1 N Z. C. 2 1 I . 1 7 i I n i I ( ! u� LL I i I '° a rn L I a 1-4 , I • ;' I z PG ° j ,...11 1 . c: -1,4 ‘)•; ‘)•; 7, $ r 1': (�(,i • I 1 i ; i 1 •::1 � q a 0 1 - ) { G 1 ; 1 t OE a. 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IlliW CC 1 i . • ' §I - i' cc o 0. 0 Cr 1- %., 'i 0 g. ..4 I - •'4 A • • • . ORIGINAL WHARTON— SMITH, INC. Tom c ® 750 COUNTY RD. 15 2 P.O. BOX 471028 SYSTEMS LAKE MONROE, FL , 32747 TOMCO2 EQUIPMENT COMPANY m p ( lIwir(1. 3340 Rosebud Road; Loganville, Georgia 30249 (404) 979 -8000; 1- 800 - 832 -4262; Telex 80 -4227; FAX (404) 985 -9179 WHARTON— SMITH, INC. I • INVOICE 750 COUNTY RD. 15 , NtJMBER , , ' DA,TE . ;%PAGE P.O. BOX 471028 WHARTON -;, ' , !NC, LAKE MONROE, FL 67959 11/15/9311IP 32747 / If sales tax is deducted from your remittance of invoices, you must enclose a copy of your sales tax exemption certificate as required by state laws governing sales tax. IER NO. � . •- a OUR NR R ORDER DATE SALES ORDER COMMENTS TERMS vF 1 : LYDE 000006742'11/09 /9 : • ; 0.00 30 /504286 WHSE: 00 QUANTITY T M NU = DESCRIPTION ORDERED SHIPPED UM UNIT PRICE EXTENDED AMOUNT A x _ SHIPPING CHARGES 1.00 ©EA 36.9000 36.9000 N '� CONTROLLER REPAIR eil,�"':r':izi 307.95 N TIMM 11111111 A •111111111r.".51111111=111111111111111=11111111111 - . •a -c A.-r'i1TY MESC 1 - _, 3 GCPIca: - ��"LI Al 0-�MMINE . • POFii° .11 i 3 ' `I ". arta nat.1i:2g L• -' - .111111111111111111111 ac c ! ` f D.M- to: • # AERCHANDISE TRADE DISCOUNT ERI/LHANDIS - 2e «te6HA-R: - INVOICE AMOUNT 6.90 0.00 36.90 307.95 0.00 344.85 'err' _ • rag GREAT LAKES INSTRUMENTS Te3.efax 404 985 -9179 To:Tomco Equipment 44 "" Attn: Philip Gilleland • Great Laicals Instruments, Ina. 8855 North 55th Street Milwaukee, WI 53223 From: Chris McCartney Phone: 800/543 - 8907 Fax: 414/355 -8346 Date: October 7, 1993 Subject: Your P.O. 12579PG • Dear Philip; • • This is in regards to the repairs that 1 have made to your pH controller model # 90P1F1B1N. I replaced the meter because the neodlo was broken due to the cover coming off during shipping. The three Op-Amps and One capacitor were replaced because of electrical failure due to a power surge or lightning strike. ' 0611, The cost to replace the meter was $65.00, and the cost for the electrical repair was $307.95. If you have any questions, please call me. • Sincerely, Chris McCartney • ' 1 • 1 • • • . • • - . . • , . . . . . . • , . . . . . . . . . . . 111 1-1 O v O 0 0 ' l— c( Z i r., ,.:1 ::1 3.i o- , 1 - , 0 ...0 w 0 .s. 4 1 , < 0 fr 0 5 , > 0 z I cc w — — ii) I cl 1— to . ',":. 0 LL, ..,) e..," cl 0 O O CO Z CC V) . ...1 Ci s3 I— -0 ...? z La ..... 3,. 0 0 — Z 0 tu :: I-• Li) z CO • Z CC n " LI i L 4 0 r .* u_ ;Xi =IC I- 1 I-- - > co C) • ..-", . '0 ,,,, >. iti ..1 .i ..1 u? C I) U) 0 cy, 4 — ncnx 0 ,•::: W , . 1 Z X 73: • cj Z v... ' Lt.! 3:3 :- ..3.i 3-- ,'"3 , . 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W .:,. ,..„ .., 1,1_ 0 " ,..., n .§. • . 0 r... to .. .' i..i' ..> Z .:... o- _ •... Z ›. X 09 ,_ ::„ .i , 0 4 0 i •--I t] ....• 1., , .LJ a , 52 u_ - ,,, co •:::: a. 4111111 • • • :-•-•: '. ' : : .-- .--• w —J * ° F .. iz 0:::•.-7 ... ...,.,...:.... ..." r_ . . ... ■ 1" . • . , t : ... ... ____. -, ' • Z 0 w cc x c.) cc, c.) „, ..7.• LIJ I— CC I ' c• d I Z ' - • n LI <t i—: co aD. -.) • w •-• i- C..) ■-• 0 • , •, D IVODCC URVII C No0000000001 9 8 PRECISION CONTROL INSTRUMENTS IN'C NVOICE YOUR OUR 7839 BAYBERRY ROAD `' ,, , j A E ORDER NO. ORDER NO. JACKSONVILLE FLORIDA 32256 9/ 1/1993 VERBAL 153 i'W S EP 2 ' PHONE: 904- 737 -9600 4 1993 UTILI T icS GLP SOLD TO: CITY OF EDGEWATER SHIP TO:CITY OF EDGEWATER P.O.BOX 100 P.O.BOX 100 EDGEWATER FL 32132 EDGEWATER FL 32132 ANN: Ter r2. OADs Na4 DATE TERMS SHIPPED SHIPPED: 9/21/1993 NET 30 VIA: QUANTITY DISCRIPTION UNIT PRICE AMOUNT 2 ALLEN BRADLEY 1771ASB COMM. CARDS 1154.50 2309.00 1 RONAN ANNUNCIATOR FLASHER -HORN DRIVER 275.00 275.00 1 SPARLING <WELL 15> METER BOARD ASSY. 497.00 497.00 1 SPARLING<WELL 15 >PHOTOCOUPLER 78.00 78.00 Nay 2 STANDARD POWER SUPPLIES <CLRWELL,SPARE> 75.00 150.00 4 BAILEY TRANSMITTERS <PRESS.,FLOW,2 LEVEL> 785.00 3140.00 26 HOURS LABOR TO REPAIR & REINSTALL 50.00 1300.00 1 LOT MISC. FREIGHT 142.00 142.00 SUB TOTAL 7891.00 MISC. SALES TAX FREIGHT INVOICE TOTAL $7,891.00 iitew 3' G, THE CITY OF EDGEWATER POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100 UTILITIES DEPARTMENT (904)424 -2460 FAX (904)424- 2463 - SUNCOM- 383 -2460 DEG 9 5 Date: December 14, 1993 To: Mr. George E. McMahon, City Manager l From: Terry A. Wadsworth, Director o Uti_litieETNA— Kyle Fegley, City EnL ineez Subiect: Water Line Extension Costs South Chapter 180 Reserve Area In response to the City Council's request for the cost involved to extend water service to Terra Marr Village or the Oak Hill city limit (Ariel Road), the following information is provided for your consideration. I EXISTING UTILITIES `r At Roberts Road and U.S. #1 there is a water line on both the east and west sides of U.S. #1. A 16 inch water line is stubbed' out to be extended along the west side of U.S. #1. On the east side of U.S. #1 a 12 inch water line is available to be extended to the south. The high service pumping system at the Alan R. Thomas Water Treatment Plant has been designed to accommodate serving the City's Southern Chapter 180 Reserve Area. II DESIGN CONSIDERATIONS Due to the existing potential customer base, I would recommend the construction of the 12 inch water line along the east side of U.S. #1. It. is + 14,256 feet from Roberts Road to Terra Mar Village, and + 18,480 feet to Ariel Road, the Oak Hill city limits. It is difficult to do cost estimation without any established design criteria such as type of pipe material, fitting selection and placement, and DOT and DEP design requirements for the area. However, a very general estimate for the project construction would be: (Assuming installation of Class 51 DIP, 12 ") Roberts Road to Terra Mar Village (14,256') $445,500 Roberts Road to Ariel Road (18,480') $575,000 Please realize these costs do not include engineering design, survey costs or permitting. Page Two 9 `r• City Manager December 14, 1993 III FUND AVAILABILITY As of the date of this memo, there is a total of $277,652.54 available in collected water impact fees. However, Sec. 19 -46 of the City of Edgewater Code of Ordinances provides for an interfund advance between the impact fee capital improvement trust fund for the expansion of primary sewerage system and impact fee capital improvement trust fund for the expansion of primary water system. There is currently $1,348,338.67 available in wastewater impact fees that the City Council can access for this project. However, until an accurate projection of CIP related close out costs can be made, the wastewater impact fee money should be left intact. Please be aware that the cost estimates provided are preliminary and without the benefit of a design to project from. I will be Win► glad to respond to your questions on this matter and pursue a more detailed report upon your direction. TAW:bli 0 P r• AGENDA REQUEST C.A. NO.: 93 -128 Date: December 13, 1993 `r NEW UNFINISHED CONSENT BUSINESS BUSINESS PUBLIC HEARING RESOLUTION ORDINANCE12 /20/93 ITEM DESCRIPTION /SUBJECT: First Reading Ordinance No. 93 -0 -18 Repealing Article II. Council Proceedings of Chapter 2 of the Code of Ordinances BACKGROUND: Pursuant to the Council's direction at the November 15, 1993 meeting, attached is revised draft Ordinance No. 93 -0 -18 which would repeal in its entirety Article II. Council Proceedings of Chapter 2 of the Code of Ordinances. Also attached is draft Resolution No. 93 -R -28 which would reestablish those Council proceedings which are consistent with the Charter and the current practices of the City. As requested the Order of Business has been revised to include a second Council /Officer Reports section at the beginning of the agenda. Resolution No. 93 -R -28 has been drafted using otrikc throughc and underlining to clarify where the proposed changes would occur. RECOMMENDATION /CONCLUSION: The Council should consider the approval of Ordinance No. 93 -0 -18 on first reading. If approved, the ordinance will be advertised for a public hearing. If Ordinance No. 93 -0 -18 is adopted after the public hearing, the Council should then consider the adoption of Resolution No. 93 -R -28 to reestablish Council proceedings. FUNDS AVAILABLE: ACCOUNT NUMBER: (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES XXX NO DATE: 11/15/93 AGENDA ITEM NO. 6A Respectfully submitted, Concurrence: Kri to A. Storey (J Georg E. McMahon City Attorney City Manager KAS Attachments ORDINANCE NO. 93 -0 -18 AN ORDINANCE REPEALING ARTICLE II (COUNCIL PROCEEDINGS) OF CHAPTER 2 (ADMINISTRATION) OF „,, THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. As the result of the adoption of the new City Charter in 1992, certain sections of Article II. Council Proceedings of Chapter 2. Administration of the Code of Ordinances now conflict with or duplicate provisions of the Charter. 2. Section 3.11(b) of the Charter authorizes the City Council to determine its own rules and order of business except that the "err agenda for regular council meetings shall include "Citizen Comments” at the beginning and directly prior to adjournment. 3. The establishment of council proceedings through an ordinance limits the authority of the City Council to adjust these procedures to serve the best interests of the public. 4. Section 166.041(1)(b), Florida Statutes defines "resolution" as an expression of a governing body concerning matters of administration, an expression of a temporary character, or a provision for the disposition of a particular item of the administrative business of the governing body. `✓ 4. Article II of Chapter 2 should be repealed in its entirety and Council proceedings consistent with the Charter and current practices of the City reestablished in a resolution. NOW THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. REPEALING ARTICLE II (COUNCIL PROCEEDINGS) OF CHAPTER 2 (ADMINISTRATION) OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA Article II is repealed in its entirety: —n . ng . The city council chall hold regular city council mcctingc on Nor Struck through passages are deleted. Underlined passages are added. 93 -0 -18 1 thc firot Monday and thc third Monday of each month at 7:00 p.m. If thc firot or third Monday falls on a holiday recognized by the All regular mcctingo of thc council ohall be held in the council chambers at city hall, community center building or shuffle -board club house or any other place designated by the mayor. Thc mayor, vice mayor or acting mayor ohall call spccial mcctingo of thc council whenever, in his opinion, thc public bucincco may rcquirc it. Whenever a spccial mccting shall be culled, a summons or a noticc in writing signcd by thc mayor, vicc- mayor or acting mayor chall be ccrved upon each member of the council either in percon or by notice left at hic place of residence, stating thc date and hour of thc mccting and thc purpose for which such mccting is called, and no bucincco shall be transacted thereat, except such as is ctatcd in thc noticc. All city council mcctingo shall be open to thc public. It - -- - - = -- - -'- - -- =•zing city council meetings, informal or formal. Iftw Scction 2 -24. Prccidinq officcr. (a) Thc presiding officcr of thc council ohall be thc mayor (or v icc -mayor or acting mayor, who ohall be elected annually at thc first mccting in Novcmbcr, by thc members, from their m -)-.- (b) Thc presiding officcr shall preserve strict ordcr and - -- - - d cpccial meetings of thc council. He ohall state every qucotion coming before thc council, announce the - -'_'_ _ -- -:. -- _ _.bjectc and dccidc all questions of 14110, Struck through passages are deleted. Underlined passages are added. 93 -0 -18 2 a majority votc of thc council chall govcrn and conclusivcly =rdcr. He shall vote on all questions. `.� or acting mayor shall sign ordinances or rccolutions as they arc adopted. (c) The mayor, or vicc -mayor or acting mayor shall takc the immediately call thc council to ordcr. (d) Upon the arrival of thc mayor or vice- mayor, thc acting rclinquich thc chair in thc came manncr upon arrival of the mayor. law Section 2 -25. Roll call. Bcforc proceeding with thc bucincoo of the council, thc city clerk or his deputy shall call thc roll of thc membcrc, and the names of those present shall be entered in thc minutcc. Soction 2 -26. Order of Bucinecc. Promptly at thc hour pct by ordinancc on thc day of each regular mccting, the members of thc council, thc city clerk, city regular ctations in thc chambcrc, and thc bucinccc of thc council ohall be taken up for consideration and disposition in the following orders (1) Call to ordcr, roll call, invocation, plcdgc of allegiance. (2) Approval of minutes. (3) Citizen comments. (4) Conccnt agcnda. that do not warrant detailed discussion or individual action by thc council; therefore, all items remaining on thc conccnt agcnda shall be approved and adoptcd by a ' Struck through passages are deleted. Underlined passages are added. 93 -0 -18 3 agcnda is that any mcmbcr of thc city council may remove at thc city council mccting. Removing an item from the consent agcnda would not rcquirc a motion, second, or a w individual councilmember. (5) New business. (6) Ordinances, public hearing, and resolutions. First reading. Sccond reading. (7) Unfinished business. (8) Council /officers reports. City attorncy. City managcr. City council. (10) Citizen comments. *r+ (11) Adjourn. Unlcss a reading of thc minutes of a council mccting is requested by a mcmbcr of the council, such minutes may be approved without reading, if thc clerk has previously Section 2 -27. Rulers of dcbatc. (a) Presiding officer may dcbatc and vote. The mayor, vicc- mayor or acting mayor, shall havc a voicc and votc in the proceedings, but shall havc no veto powcr, subject only to such councilman by reason of his acting as the presiding officcr. Now (b) Cctting thc floor, improper references. Evcry member, opinions with other members without intcrruption f rom thc chair. under dcbatc, avoiding all personalities and indecorous language, and irrcicvant matters. (c) Intcrruptiona. A member once recognized shall not be • *1110 Struck through passages are deleted. Underlined passages are added. 93 -0 -18 4 hcrcin otherwisc providcd. If a mcmbcr, while, speaking, bc c llcd 'or • = - _ . - :. - -- -_. - -' - adopting of an ordinancc or resolution sh- -- - - -- = closing thc debate. (c) Motion to reconsider. A motion to reconsider any action takcn by thc council may bc madc only on thc day ouch action wao takcn. It may bc madc cithcr immediately during thc oamc scaaion, madc by one of thc prevailing sidc, but may bc seconded by any mcmbcr, and may bc madc at any timc and havc precedence ovcr all other motions or while a mcmbcr has the floor; it shall be 'Nor debatable. Nothing hcrcin shall bc construed to prcvcnt any mcmbcr of thc council from making or remaking the came or any other motion at a subocqucnt mccting of thc council. (f) Rcmarka of councilmen; when cntcrcd in minute°. A councilman may rcquect, through thc presiding officcr, the privilcgc of having an abstract of his statement on any subject undcr consideration by the council cntcrcd in thc minutcs. If thc council conocnto thereof, ouch statement chall bc cntcred in the minutcs. :_ = : - -, when cntcrcd in minutcs. The clerk Now council, to cntcr in thc minutcs a oynopoio of thc diocueoion on any qucotion coming rcgularly before thc council. : 1 _ Any person desiring to address thc council chall first secure thc permission of thc prcsiding officcr co to do; provided, however, that undcr thc following headings of buoincoc, unlcoo the prcsiding officer rules otl - the council without securing such prior permissionz (1) Written communications. Interested parties or their Struck through passages are deleted. Underlined passages are added. 93 -0 -18 5 (2) Oral communications. Taxpayers or residents of thc city, or their authorized lcgal reprccentatives may addrcsc thc council Now by oral communications on any matter concerning thc city'() providcd however, that prcfcrcncc shall bc given to thoce peroonc who may have notificd thc city cicrk in advance of thcir desire to speak in order that the same may appear on thc agenda of thc council. (3) Reding of protest, ctc. Interested personc or thcir authorized reprccentativec may address the council by reading of protcsts, petitions or communications relating to zoning, watcr, sewer and street procccdings, hearings on protest°, Now appeals and pctitions, or similar mattcrc in rcgard to matter() thcn under consideration. to do. Section 2 - 29. Samc Each percon addrccoing thc council chall atcp up to the council table, ohall give his namc and address in an audible tone _ -- _ - - -_ - --= cc furthcr timc io granted by the Now- - rr - - -- -- - - -- -- - -- - - - - - thereof. No person, other than a member of thc council and the person having the floor ohall bc permitted to enter into any diocuccion, cithcr directly or through a member of thc council, without thc permiscion of the presiding officcr. No qucstion ohall Scction 2 - 30. Decorum. order and dccorum, and a mcmber shall ncithcr by conversation or otherwise, delay or interrupt thc procccdings or thc peace of thc council or disturb any member whilc speaking or refuse to obcy the `'l' Struck through passages are deleted. Underlined passages are added. 93 -0 -18 6 order° of thc council or its prcoiding officcr, cxccpt as othcrwise herein provided. (b) Any pera= ' _ =-. ' - -- _ - - = -- remarks or who ohall become boisterous w - . = - - - = - shall forthwith, by the presiding officcr, bc barred from further audience bcforc thc council, unlcoo permiooion to continuc be granted by a majority votc of thc council. Section 2 -31. Robert's Rulcc of Ordcr. Robcrt's Rules of Ordcr, as revised from timc to timc, arc hcrcby dcoignated and established as oupplcmcntary rules of proccdurc to govern thc conduct of mcctings of thc city council, whcn said Robert's Rulc3 of Ordcr arc not in conflict with any *ow, Section 2 -23. Legislative procedure. (a) Prior approval. All ordinances, resolutions, or contract documents shall bc approved by thc city attorncy or his authorised - - -- - = .= = 0 c cntation to the city council. (b) Introducing for pacoagc or approval. Ordinancco, -_. -- _.. and sponsored by a mcmbcr of the council, cxccpt that the mayor may prcocnt ordinance °, rcaolutiono and othcr matters or subjects to thc council, and any councilman may accumc sponsorship thcrcof by moving that such ordinances, resolutions, matters or subjects be adopted; othcrwisc, thcy ohall not bc conoidcrcd. (c) Compliance with statutes required. No ordinance Shall be enacted by the city council that io not in accordance with Section 166.041 of Florida Statutcs dcaling with proccdurcs for adoption of ordinances and resolutions. (d) Ordinance° rcquircmcnta. No ordinancc ohall rclatc to title, and no ordinance, or scction thcrcof, shall bc amcndcd or ordinance or ocction amcndcd or repealed, and when practicable all Nave Struck through passages are deleted. Underlined passages are added. 93 -0 -18 7 or sections thereof. Section 2 - 33. Adjournment. A motion to adjourn shall always be in order and decided without debate. Section 2 -34. Reserved. Sections 2 -35 - 2 -45. Reserved. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or *" declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word "ordinance ", may be changed to " section ", "article ", or other appropriate word, and the sections of this ordinance may be Now renumbered or relettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. PART E. EFFECTIVE DATE. This ordinance shall take effect upon adoption. PART F. ADOPTION. After Motion by and Second by , the vote on the first reading of this ordinance held on 1993, was as follows: Mayor Jack H. Hayman, Sr. XXX Councilman Kirk Jones XXX "'r' Struck through passages are deleted. Underlined passages are added. 93 -0 -18 8 Councilwoman Louise A. Martin XXX Councilman Mike Hays XXX Councilman David L. Mitchum XXX 'err After Motion by and Second by , the vote on the second reading of this ordinance was as follows: Mayor Jack H. Hayman, Sr. XXX Councilman Kirk Jones XXX Councilwoman Louise A. Martin XXX Councilman Mike Hays XXX Councilman David L. Mitchum XXX PASSED AND DULY ADOPTED this day of , 1993. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA `'rrr By: Susan J. Wadsworth Jack H. Hayman, Sr. City Clerk Mayor APPROVED FOR FORM & CORRECTNESS: Krista A. Storey City Attorney 'ose Struck through passages are deleted. Underlined passages are added. 93 -0 -18 9 RESOLUTION NO. 93 -R -28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY _ OF EDGEWATER, FLORIDA, ESTABLISHING COUNCIL PROCEEDINGS; ESTABLISHING REGULAR MEETING TIMES, THE MEETING PLACE, RESPONSIBILITIES OF THE PRESIDING OFFICER, THE ORDER OF BUSINESS, RULES OF DEBATE, THE PROCEDURE FOR ADDRESSING THE COUNCIL, ACCEPTABLE DECORUM, THE USE OF ROBERT'S RULES OF ORDER, AND THE EFFECT OF A MOTION FOR ADJOURNMENT; 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. As the result of the adoption of the new City Charter in 1992, certain sections of Article II. Council Proceedings of Chapter 2. Administration of the Code of Ordinances now conflict Nor with or duplicate provisions of the Charter. 2. Section 3.11(b) of the Charter authorizes the City Council to determine its own rules and order of business except that the agenda for regular council meetings shall include "Citizen Comments" at the beginning and directly prior to adjournment. 3. The establishment of council proceedings through an ordinance limits the ability of the City Council to adjust these procedures to serve the best interests of the public. 4. Section 166.041(1)(b), Florida Statutes defines "resolution" as an expression of a governing body concerning Now matters of administration, an expression of a temporary character, or a provision for the disposition of a particular item of the administrative business of the governing body. 5. Article II of Chapter 2 of the Code of Ordinances has been repealed in its entirety. 6. It is in the best interest of the citizens of Edgewater that Council proceedings consistent with the Charter and current practices of the City be reestablished in this resolution. NOW THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater, Florida: Section 1. Regular meeting times. The city council shall hold regular city council meetings on 93 -R -28 1 the first Monday and the third Monday of each month at 7:00 p.m. If the first or third Monday falls on a holiday recognized by the city, then the regular meeting shall be either canceled or vow rescheduled as determined by the city council. Section 2. Meeting places. l ar :;Meetings of the council shall be held in the council chambers at city hall, community center building ee - :_- _ - -_ _ -- _ . -- unless another location is designated by the Council mayer. The mayor, vice mayor or acting mayor shall gall special business may require it. Whenever a epccial meeting shall be loww called, a summons or a notice in writing signed by the mayor, vice- -- council either in peroon or by notice left at his place of for which ouch meeting is called, and no buoincoo ohall be transacted thereat, except such as is stated in thc notice. Section 2 -23. Opon to publi- ' -- _ _ - shall bc thc duty of thc c' - - = - thc preso and othcr media of forthcoming city council meetings, informal or formal. Section 3. Presiding officer. (a) The presiding officer of the council shall be the mayor_ The vice mayor shall act as mayor during the absence or disability of the mayor. At the first council meeting after each regular city election, the council shall elect one of its members as vice mayor. (or v icc -mayor or acting mayor, who shall bc elected annually at mcmbcrohip). (b) The presiding officer shall preserve strict order and decorum at all regular and special meetings of the council. He oe shall state every question coming before the council, announce the 93 -R -28 2 decision of the council on all subjects and decide all questions of order, subject however to an appeal to the council, in which event, a majority vote of the council shall govern and conclusively determine such question of order. The presiding officer Be shall vote on all questions and, He chall sign all ordinances and resolutions adopted by the council during his presence. In the ordinances or resolutions as thcy arc adoptcd. (c) The presiding officer mayor, or vicc -mayor or acting mayer shall call the council to order takc thc chair precisely at the hour appointed for the meeting, and chall immediately call the council to ordcr. (d) Upon thc arrival of thc mayor or vice - mayor, thc acting lowly Mayor shall immediately rclinquiah thc chair upon thc conclusion of thc business immediately before thc council. The vicc -mayor shall Section 2 - 25. Roll call. Bcforc proceeding with thc buainccs of thc council, the city cicrk or his dcputy shall ca11 thc roll of thc members, and the names of thocc prcccnt chall be entered in the minutcc. Section 4. Order of Business. • regular meeting, thc members of thc council, thc city clerk, city attorney and mayor, vice-mayor or acting mayor, chall takc thcir New -- - _ - _ _ Tthe business of the council shall be taken up for consideration and disposition in the following order: (1) Call to order, roll call, invocation, pledge of allegiance. (2) Approval of minutes. (3) Citizen comments. (4) Council /officer reports City Attorney City Manager City Council low (5)-(4 -)- Consent agenda. 93 -R -28 3 Items on the consent agenda are defined as routine nature that do not warrant detailed discussion or individual action by the council; therefore, all items remaining on the consent agenda shall be approved and adopted by a single motion, second, and vote by the city council. 4rr Items on the consent agenda are not subject to discussion. One of the most basic rules of a consent agenda is that any member of the city council may remove any item from the consent agenda simply by verbal request at the city council meeting. Removing an item from the consent agenda would not require a motion, second, or a vote; it would simply be a unilateral request of an individual councilmember. (6)(5) New business. (7)(6) Ordinances, public hearing, and resolutions. First reading. Second reading. (8)(7) Unfinished business. (9)(8) Council /officers reports. City Attorney. lw City Manager. City Council. (10 )_(9) Questions from press. (118) Citizen comments. (121) Adjourn. Unless a reading of thc minutca of a council meeting i& rcqucotcd by a member of the council, ouch minutes may be approved without reading, if thc clerk has prcviouoly Section 5. Rules of debate. (a) Presiding officer may debate and vote. The presiding officer mayor, vicc -mayor or acting mayor, shall have a voice and vote in the proceedings, la- --- _ _ =_ - subject only ft, to such limitations of debate as are by these rules imposed on all councilmembers and shall not be deprived of any of the rights and privileges of a councilmemberan by reason of his acting as the presiding officer. (b) Getting the floor, improper references. If any Every member, mayor, councilmembera, the city attorney or the and city manager desiresing to speak, he shall be recognized by the presiding officer first, except that any councilmember, once recognized, may join in a free exchange of ideas and opinions with other councilmembers without interruption from the chair. Comments All perconc so recognized shall be confined themselves to the 93 -R -28 4 question under debate, avoiding all personalities and indecorous language, and irrelevant matters. (c) Interruptions. A councilmember once recognized shall not Now be interrupted when speaking unless it be to call him to orderT or as herein otherwise provided. If a councilmemberT while-y- speaking is, bc called to order, he shall cease speaking until the question of order is be determined, and if in order, he shall be permitted to proceed. (d) Privilege of closing debate. The councilmemberae moving the adoptiong of an ordinance or resolution shall have the privilege of closing the debate. (c) Motion to reconsider. A motion to reconsider any action takcn by thc council may bc madc only on thc day such action wao Now takcn. It may bc madc cithcr immediately during thc came ccooion, or at a rcccoocd or adjourncd sccsion thcrcof. Such motion muot be -- z side, but may bc seconded by any member, and may bc madc at any time and have precedence ovcr all othcr motion° or whilc a member has thc floor; it shall be at a oubocqucnt mccting of thc council. (f) Remarks of councilmen; whcn cntcrcd in minutcc. A councilman may request, through thc presiding officer, the privilcgc of having an abstract of hio statement on any oubjcct Now undcr con3idcration by the council cntcrcd in thc minutcc. If the council con3cnt3 thcrcof, Such sta minutes. (g) Synopsis of debate; whcn cntcrcd in minutes. The clerk -- -- _ - 'ding officer, with thc consent of the council, to enter in the •minutes a sy- any question coming regularly bcforc thc council. -- -:. - - , Any percon desiring to address thc council shall first secure • fir' 93-R-28 5 thc council without securing such prior permi3sions "41111, communications in rcgard to mattcrs thcn undcr consideration. (2) Oral communications. Taxpayers or residents of the city, or thcir authorized lcgal rcprescntativcc may address thc council providcd however, that prcfcrcncc shall be given to those persons who may have notificd thc city cicrk in advancc of agenda of thc council. 410, (3) Rcading of protest, ctc. Interested perconc or thcir authorized rcprescntativcc may address thc council by reading appeals and petitions, or similar mattcrc in rcgard to mattcrc thcn under consideration. After a motion is made by thc council, no person shall addrcoo thc council without first securing thc permission of thc council so to do. Section 6. Addressing the Council Same-Procedure. Any person desiring to address the council shall first be recognized by the presiding officer. He - -- -= - -- - -= council shall then step up to the podium, council table, Shall give his name and address in an audible tone of voice for the record, and unless further time is granted by the council, shall limit his address to three (3) minutes. All remarks shall be addressed to the council as a body and not to any member individually thcrcof. No person, other than a member of the council and the person having the floor shall be permitted to enter into any discussion, cithcr directly or through a member of thc council, without thc permission of the presiding officer. No question shall be asked a Now councilmembera -n except through the presiding officer. 93 -R -28 6 Section 2 -30. Decorum. (a) While the council is in session, the councilmembers must preserve order and decorum_, and aA member shall neither by NOW conversation or otherwise, delay or interrupt the proceedings or the peace of the council or disturb any councilmember while speaking or refuse to obey the orders of the council or its presiding officer, except as otherwise herein provided. (b) Any person making personal, impertinent, or slanderous remarks or who ohall becomes boisterous while addressing the council shall be removed from the meeting forthwith, by the presiding officer, bc barred from further audience bcforc the council, unless permio°ion to continue bc granted by a majority vote of thc council. `''r' Section 8. Robert's Rules of Order. Robert's Rules of Order, as revised from time to time, are hereby designated and established as supplementary rules of procedure to govern the conduct of meetings of the city council, when said Robert's Rules of Order are not in conflict with any charter provision, Gr. ordinance or other procedure established by e4 the city council. Section 2 -23. Lcgiclativc procedure. documents shall bc approved by thc city attorney or his authorised fir► - - (b) Introducing for passagc or approval. Ordinance°, rccolutions and other mattcrc or subjects requiring action by the council muct bc introduced rcoolutions, mattcrc or subjectc bc adopted; otherwise, thcy chall not be considered. Nov 166.041 of Florida Statutes dealing with procedures for adoption of 93 -R -28 7 . 'rrirr title, and no ordinance, or section thcrcof, Shall be amended or repealed unlc33 thc new-- erdinance contains thc title of the or sections thcrcof. Section 9. Adjournment. A motion to adjourn shall always be in order and decided without debate. Section 10. All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Now Section 11. This resolution shall take effect upon adoption. After Motion by and Second by , the vote on this resolution was as follows: Mayor Jack H. Hayman, Sr. XXX Councilman Kirk Jones XXX Councilwoman Louise A. Martin XXX Councilman Mike Hays XXX Councilman David L. Mitchum XXX PASSED AND DULY ADOPTED this day of , 1994. w 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 Now 93 -R -28 8 AGENDA REQUEST 'err Date: December 13, 1993 NEW UNFINISHED CONSENT BUSINESS BUSINESS PUBLIC HEARING RESOLUTION 12/20/93 ORDINANCE ITEM DESCRIPTION /SUBJECT: Approve a resolution (93- R -_29_) for the transfer of State Revenue Sharing Funds. BACKGROUND: The City of Edgewater receives State Revenue Sharing Fund checks on a monthly basis. In order to speedup and streamline the receipt of these fund by electronic means the propose resolution fir• is needed to be approved. The revenues transferred will be deposited into the City's existing account with the State Board Of Administration (SBA) on a monthly basis. The following revenues will be electronically transferred utilizing either wire transfers (at $10.00 per month per item) or Automated Clearing House (ACH, at I) $2.50 per month per item) 1. Local Option Gas Tai, (wire) $214,541 budgeted. 2. State Revenue Sharing (ACH) $352,733 budgeted. 3. Half Cent Sales Tax (wire) $638,559 budgeted. RECOMMENDATION /CONCLUSION: Staff recommends City Council's consideration of the proposed resolution. loirr FUNDS AVAILABLE: ACCOUNT NUMBER; 10513 - 53550 (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) F.D. NO.: 12 - 02 PRESENTED BY: Ferdinand Munoz, Finance Director PREVIOUS AGENDA ITEM: YES NO XX DATE: AGENDA ITEM NO. Re tectf lly su i r / Ferdinand Munoz, CPA (Del.) Finance Director Concurrence: / D George r. McMahon City Manager Copy to: File RESOLUTION NO. 93 -R -29 A RESOLUTION OF THE CITY OF EDGEWATER, FLORIDA, APPROVING AND AUTHORIZING THE FLORIDA ow DEPARTMENT OF REVENUE IN ACCORDANCE WITH RULE 12 - 10.09 (FLORIDA ADMINISTRATIVE CODE) TO DESIGNATE A BANK TO RECEIVE THE REVENUE SHARING STATE WARRANT; AUTHORIZING THE BANK SO DESIGNATED TO ELECTRONIC FUNDS TRANSFER SAID REVENUE SHARING FUNDS TO A BANK DESIGNATED BY THE CITY OF EDGEWATER TO RECEIVE SUCH FUNDS; AND FURTHER TO AUTHORIZE THE BANK DESIGNATED BY THE FLORIDA DEPARTMENT OF REVENUE TO DEDUCT THE COST OF TRANSFER FROM THE AMOUNT RECEIVED FROM TRANSFER; REPEALING RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Department of Revenue has adopted Chapter 12 - 10.09, Automatic Deposit of Revenue Sharing Funds in the Rules of Department of Revenue, State of Florida; and Now WHEREAS, it is in the best interest of the City of Edgewater to receive the revenue sharing funds by electronic transfer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater, Florida: Section 1. That, in accordance with S.S. 17.075, Florida Statutes, and Rule 12 - 10.09, (F.A.C.) the Florida Department of Revenue, is authorized to designate a bank to receive the revenue sharing state warrant. Section 2. That the bank so designated is authorized to electronic transfer said revenue sharing funds to a bank designated low by the City of Edgewater to receive such funds. Section 3. That the bank designated by the Florida Department of Revenue is authorized to deduct the cost of the electronic transfer from the amount received for transfer. Section 4. All resolutions or parts of resolutions in conflict herewith be and same are hereby repealed. Section 5. This resolution shall take effect upon adoption. 93 -R -29 1 After Motion by and Second by Now the vote on this resolution was as follows: Mayor Jack H. Hayman, Sr. XXX Councilman Kirk Jones XXX Councilwoman Louise A. Martin XXX Councilman Mike Hays XXX Councilman David L. Mitchum XXX PASSED AND DULY ADOPTED this day of , 1993. 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 `.r law 93 -R -29 2 7. 11. Ed Driscoll, 26 Blue Heron, spoke on the cost of the computer system being so high. He feels the City is hiring another employee at an outrageous salary. He feels this should be done by competitive bidding. He stated his tax increase for this year was 27.99 %, not 26.5% as advertised. Mayor Hayman informed him he needs to contact the tax assessor. Acting City Manager Fred Munoz commented the percentage was based on a City -wide impact. Harry Jones, 3035 Tamarind Drive, commented on 1,700 people saying they have a problem with what the City is going to do with the streets. He asked Council when a meeting will be set up to discuss what is going to be done. Mayor Hayman elaborated on Mr. Jones concerns. He stated they will set up a meeting when the staff comes back with answers and the proposal. Doris Hill, 112 Lincoln Road, spoke about the subdivisions. She commented on the subdivisions not being accepted or given their permitting until all the infrastructures are in place. She stated when the people moved to Edgewater they were given the impression the roads would be paved. She commented by the time the roads are paved they will need to be done again. She commented on the way the roads were paved and how they were paid for. Ed Keenan, 1905 Pine Tree Drive, congratulated Mrs. Hill and Mrs. Bailey for collecting the names for the petition. He suggested Council use HUD money on a matching basis. He feel citizens can ` ow, form an ad hoc citizen committee. He would like to see more unity. He feels the City should go with the 1/3, 1/3 and 1/3 proposal. He wished everyone a Merry Christmas and a Happy New Year. Mrs. Small, Victory Palm Drive, stated she obtained names by going house to house. She feels everyone should stick together. CONSENT AGENDA There were no items to be discussed on the consent agenda. NEW BUSINESS A. Police Department Computer Software Agreement with Communications Engineering Technology, Inc. Lieutenant Britain spoke on the computer history with the Police Department. Bill Davis, Communications Engineering Technology, explained what ". he will be doing for the Police Department. He explained their system is large enough to handle the entire City's needs for the next 15 years. Mayor Hayman spoke about comments brought up during citizen comments. Lieutenant Britain elaborated on these concerns. City Attorney Storey stated the City does use competitive bidding except when certain conditions are met. Those conditions are set forward in Section 9 -27 of the Code of Ordinances. She spoke about eight exceptions in subsection 4 in Section 9 -27. Lieutenant Britain spoke about the 800 Megahertz system. Councilman Jones is not ready to make any kind of decisions on their lack of knowledge. He feels we need someone to come in and give them an idea of what they are getting into. He expressed concern with the company deciding to leave town or go bankrupt a few years down the road. Page -3- Council Regular Meeting December 6, 1993 Lieutenant Britain elaborated on his concerns. Councilman Jones expressed concerns about a possible lay -off. Lieutenant Britain stated they will be able to continue with their current staff without having to hire anyone else. Councilman Jones feels we should get some answers from other sources. Lieutenant Britain spoke about his frustrations with the current system. He spoke about Bill Smith doing a report and survey for the City already. He stated Mr. Smith informed him he was getting a heck of a deal for the price and he was very impressed with the operation and CET. Acting City Manager Munoz spoke about the hardware and software brought in by Software Management back in 1989. Councilwoman Martin feels the Council should strongly consider bringing our department up -to -date. Lieutenant Britain explained the process for a 911 emergency call the way they are doing it right now. There was further discussion on the paperwork that is done for an emergency call. Councilman Jones feels we need to go to that type of automation but he is not real comfortable with this approach. He is not willing to spend that kind of money until he is more satisfied. Councilman Hays agreed we need an information system for the Police Department. He feels he is lacking information regarding the software agreement to be comfortable accepting this. He expressed concern with hazardous materials and duplication. Mr. Davis and Lieutenant Britain elaborated on the concerns of Councilman Hays. Councilman Hays would like to take a tour of CET before he makes a commitment. Acting City Manager Munoz suggested a workshop at that location and we could probably contact Dave Colee and maybe he can take that tour and get a conceptual idea. City Attorney Storey stated they could either schedule a workshop or individual councilmembers could take a tour. Mayor Hayman stated they need further clarification regarding the l ""'' cost benefit of what we are going to get the first three years. There was further discussion on the cost benefits. Councilman Mitchum asked about how much was budgeted for this. Lieutenant Britain informed him there is $35,000 that has been budgeted this year. Councilman Mitchum feels we need this but understood the concerns of Council. Lieutenant Britain asked Council to have this done so a decision can be made at the next Council meeting. It was the consensus of the Council to table this item and ask for an individual walk through at CET for an explanation of the program. It was decided this would be rescheduled for the December 20th Council meeting. Acting City Manager Munoz again suggested Dave Colee be asked to take this tour. "r'` Page -4- Council Regular Meeting December 6, 1993 AGENDA REQUEST C.A. NO.: 93 -120 Date: November 23, 1993 fir. NEW UNFINISHED CONSENT BUSINESS 12/6/93 BUSINESS PUBLIC HEARING RESOLUTION ORDINANCE ITEM DESCRIPTION /SUBJECT: Police Department Computer Software Agreement with Communications Engineering Technology, Inc. BACKGROUND: Attached is a proposed Agreement with Communications Engineering Technology, Inc. (CET) to provide a pilot computer software program to the Police Department for their recordkeeping operations. N'' Appendix A describes the components of the program as initially contemplated. Since the project is a pilot program, the Agreement provides for modifications to the program as agreed to by the parties. The initial term of the Agreement is 36 months beginning on January 1, 1994. The monthly fee for the first 12 months is $3300.00. For the second 12 months the monthly fee would increase 5% to $3465.00 and for the remaining 12 months of the term, the fee would increase another 5% to $3630.00 per month. RECOMMENDATION /CONCLUSION: The Agreement is approved as to legal form and correctness. The Council should consider whether to approve the Police Department Computer Software Agreement as drafted. FUNDS AVAILABLE: ACCOUNT NUMBER: 56640 (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO XX DATE: AGENDA ITEM NO. • Respectfully submitted, Concurrence: A -A, Krista A. Storey Ferdinan Munoz City Attorney Acting City Manager awrence F. Schumaker Police Chief KAS Attachment Now fir. POLICE DEPARTMENT COMPUTER SOFTWARE AGREEMENT Nose This Agreement, made this day of December, 1993, by and between COMMUNICATIONS ENGINEERING TECHNOLOGY, INC., (hereinafter referred to as "CET "), of 1001 South Ridgewood Avenue, Edgewater, Florida 32132 and the CITY OF EDGEWATER, FLORIDA, a municipal corporation, (hereinafter referred to as "CITY "), of 104 North Riverside Drive, Edgewater, Florida 32132. WITNESSETH WHEREAS, the CITY desires to engage CET to render certain technical and professional services in the development of a pilot computer software program for the CITY Police Department recordkeeping operations; and Nore WHEREAS, CET has agreed to render the aforesaid technical and professional services. NOW, THEREFORE, in consideration of the foregoing and the mutual promises hereinafter expressed, the parties mutually agree as follows: ARTICLE 1 - EMPLOYMENT OF CET The CITY hereby agrees to engage CET to perform the technical and professional services as hereinafter set forth. ARTICLE 2 - SCOPE OF SERVICES CET shall perform and carry out in a satisfactory manner, as determined by the CITY, the technical and professional services necessary to develop a pilot computer software program for the CITY Police Department recordkeeping operations. Attached hereto and incorporated by reference is Appendix A which sets forth the components of the program as initially contemplated by the parties. The program is subject to modification during the term of the Agreement as mutually agreed to and defined by the parties. CET will also supply at no additional charge to the CITY the use of its computer and tape backup equipment. CET will backup CITY data two J2) times a day during CET's normal backup operations. ARTICLE 3 — TERM OF AGREEMENT 'fir►' This Agreement shall run for an initial period of thirty -six December 6, 1993 1 (36) months, commencing January 1, 1994. This Agreement may be renewed under the terms and conditions acceptable to the parties at the time of renegotiation. Niew ARTICLE 4 - LICENSE TO SOFTWARE CET grants to the CITY, and the CITY accepts, a non - exclusive license to use all the computer software programs described in Appendix A and all other programs made available by CET during the term of this Agreement., Copyright in the programs shall be owned by CET. Upon expiration of the Agreement, the CITY shall have the right to purchase the computer software programs described above at a price to be negotiated between the parties at that time. ARTICLE 5 - SECURITY /OWNERSHIP OF DATA The CITY shall have throughout the term of this Agreement and surviving the termination of this Agreement, sole right, title and interest to the data entered and maintained by the CITY. CET agrees to limit access to and use of the data to users authorized by the CITY. ARTICLE 6 - TERMINATION A. In the event of the following, this Agreement may be terminated by either party without penalty by giving thirty (30) days written notice to the other party: 1. CET repeatedly fails to provide satisfactory services as determined by the CITY, provided however that CET shall be given written notice of the deficiencies with thirty `lrw (30) days to make corrections; or 2. Either party becomes insolvent; or 3. The CITY's repeated failure to make payments of fees on a timely basis provided however that the CITY shall be given written notice of such failure with thirty (30) days to correct the problem. B. The CITY may terminate this Agreement in the absence of any of the conditions specified in Article 4(A) upon the payment of: 1. All unpaid fees for the prior months of service; and Nr► 2. A termination fee in an amount equal t� twenty -five December 6, 1993 2 percent (25 %) of the monthly fees for all remaining months in the initial term, up to a maximum of twelve (12) months. ARTICLE 7 - METHOD AND PAYMENT OF FEES A. For the first twelve (12) months of the term, the CITY shall pay to CET a monthly fee of three thousand three hundred and 00 /100 dollars ($3,300.00), due and payable on the first day of each month, without invoice, for services received the preceding month. For the second twelve (12) months of the term, the CITY shall pay to CET a monthly fee of three thousand four hundred sixty -five and 00 /100 dollars ($3,465.00), due and payable on the first day of each month, without invoice, for services received the preceding month. For the remaining twelve (12) months of the term, 'F the CITY shall pay to CET a monthly fee of three thousand six hundred thirty and 00 /100 dollars ($3,630.00), due and payable on the first day of each month, without invoice, for services received the preceding month. B. Payment for services provided by CET beyond the scope of this Agreement shall be separately invoiced to the CITY by CET and are due and payable within ten (10) days of receipt by the CITY. ARTICLE 8 - ASSIGNMENT This Agreement is not assignable by either party without the written permission of the other party. ARTICLE 9 - MODIFICATIONS w This Agreement may only be amended by a written document signed by both parties. ARTICLE 10 - SEVERABILITY If any provision of this Agreement is held to be invalid, illegal, or unenforceable, that shall not affect or impair the validity, legality, or enforceability of the remainder of this Agreement. ARTICLE 11 - INTERPRETATION Subject headings in this Agreement are for convenience only and do not limit or construe the contents of this Agreement. • December 6, 1993 3 ARTICLE 12 - ENTIRE AGREEMENT This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations `tour other than those contained herein, and this Agreement shall supersede all previous telecommunication, representations, or agreements, either verbal or written, between the parties hereto. ARTICLE 13 - GOVERNING LAW This Agreement shall be governed by the laws of the State of Florida. ARTICLE 14 - NOTICES All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as *m''' follows: If to City: With a Copy to: City Manager Police Chief P. 0. Box 100 P. 0. Box 100 Edgewater, Florida 32132 -0100 Edgewater, Florida 32132 -0100 City Attorney P. 0. Box 100 Edgewater, Florida 32132 -0100 If to CET: William K. Davis, President Communications Engineering Technology, Inc. 1001 South Ridgewood Avenue Edgewater, Florida 32132 IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the day and year first written above. 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 ATTEST: COMMUNICATIONS ENGINEERING TECHNOLOGY, INC. 'ter By: Secretary William K. Davis President December 6, 1993 4 • APPENDIX A Brief Overview of Police Department Programs I. Establish and determine data fields required for databases: Now A. Location - This database would store all locations in the city where the PD had any activity, ranging from a Parking violation to a Homicide. NOTE: This same database, or a related database specifically for businesses, could be expanded to cover all city departments, with security levels for various users /departments. 1. Location Type a. Specific address 1. Residence or Business 2. Business Name 3. Alarm (Y /N) 4. Phone b. Street location (hundred block of ? street) c. Intersection of (N /S street and E/W street) 2. Location (address /street) 3. Apartment / Unit # 4. Hazard Classification a. Police 1. Assault on Officer 2. Resistance 3. Surveillance 4. Suspected Drug location 5. Notify Investigators b. Fire 1. Hazardous /Toxic Materials a. Flamable b. Fumes c. Evacuation distance (feet) d. Notify Hazmat Team c. Medical 1. Life Support 2. Invalid 3. Elderly 5. Incident # (CR#, Log /y, Ticket #, etc..) 6. Comments - length of field varies. B. Incidents - This database would store information for all incidents occurring in the city where the Police Department was involved. 1. Date Reported 2. Time Reported (24 hour or am /pm ?) 3. Location 4. Occurred (date: ? time: ? to date: ? time: ? 5. Incident Type (from menu choices) a. Use UCR codes ? b. Create new code system ? 6. Incident # (CRS', Log #, Ticket #, etc..) 7. Disposition • 8. Disposition Date 9. Primary Officer Assigned 10. Assisting Officer(s) 11. Related Incident # (s) 12. Brief Summary of Incident Niale • New C. Contacts - This database would store information for all persons contacted by the Police Department, including victim, witness, suspect, arrested, Business owner or emergency contact, etc.. 1. Contact Code a. Arrested 1410e 1. Arrest Number 2. Charge(s) 3. Officer s. Suspect f. Field Interagation c. Reporting party /Complainant w. Witness v. Victim b. Business owner e. Emergency Contact for Residence /Business m. Missing person r. Runaway o. Other (non - emergency) 2. Last Name 3. First Naine 4. Middle Name 5. Junior, II, III, etc.. Now 6. Other Names used (AKA) 7. DOB • 8. Juvenile (Y /N) 9. Height 10. Weight 11. Eyes 12. Hair color 13. Hair length 14. Scars, Marks, Tatoos 15. Street Address lbw 16. Previous Address /date 17. City 18. State 19. Zip Code 20. Phone 21. Date 22. Time 23. Incident # (CR #, Log #, Ticket #, etc..) D. Inventory /Property - This database would be used to track all impounded /confiscated property and evidence in the custody of the Police Department. NOTE: This database could be expanded to cover all city owned property, using security levels to control access. 1. Date obtained 2. Incident # (CR #, Log #, etc..) 3. Description ( make general classifications) 4. Type a. City owned b. Found e. Safe keeping f. Evidence g. Contraband 5. condition "or a. New b. Used c. Fair d. Poor e. Not Applicable 6. Value 7. Location of storage 8. Incident # (CR #, Log #, etc..) 9. Check out a. Date Out b. Officer c. Reason 1. Court 2. Analysis 3. Inspection d. Date In 10. Disposal Date 11. Disposal class a. Returned to owner b. Auctioned c. Destroyed d. Turned over to other agency II. Prepare various reports for daily, monthly, and yearly analysis. The following are brief examples on what could be made available: A. Monthly Activity - This report would be available the first of each month providing statistical data for incidents occurring during the report month. ''`rr 1. Report would show total numbers for each item for the month, plus statistical information for comparison to previous months. a. Same month last year b. Percent Change ( + / -) c. This Year to Date (Fiscal or Calendar Year) d. Year to Date last year e. Percent Change ( + / -) 2. Activities can be divided into different subsections by category: a. Crimes Against Person 1. Child Abuse b. Crimes Against Property c. Traffic d. Animal e. Community Relations f. Arrests 1. Felony 2. Misdemeanor Now 3. Infractions g. Assist other Agency h. Other i. Assistance received from other agency(s) B. Daily Activity Report - This report would be available daily which would provide counts for the various activities which occurred the previous day. C. Flexible Activity Report - The user would be able to get a report of the specific activity they are interested in based on: 1. During a specific time period by entering starting and ending dates and times. 2. Specific incident or for any of the various categories: a. Crimes Against Person 1. Child Abuse b. Crimes Against Property c. Traffic fir'' d. Animal e. Community Relations f. Arrests 1. Felony • 2. Misdemeanor 3. Infractions g. Other 3. Limit the report to specific Officer(s) involved a. Primary (reporting, arresting, etc.) b. Assisting III. Search functions - Various search functions would be built into the program to allow users quick access to data. A. Query Location - This function would allow the user to enter a location and display brief information about the location and incidents at that location. Now 1. If user enters a portion of the address, such as the street numbers without the street name, the screen will display all the possibilities found on the screen. The user can then scan these possibilities and select the correct one. 2. Information displayed on the screen will include all entries available for the location, with the most recent entry listed first. 3. Any noted hazards for the location will remain displayed at the top of the screen, along with the location. 4. User may access additional information for the location such as Business Owner, emergency contacts, etc.. B. Query Name - This function would allow the user to search for information on a person. Search would be performed based on input provided. 1. If a partial name is entered, the screen will display brief information on possibilities. The user can then scan these and select correct person. 2. Allow search for an unknown subject by entering known information, such as the subjects description in the following areas: a. Partial Name b. AKA c. Sex (M /F) d. Age range ( ? to ? years of Age) e. Height ( ? to ? ) f. Weight ( ? to ? ) g. Hair Color g. Hair Length h. Scars, Marks, Tatoos j. Type Incident (Burglary, Theft, Assault, Drugs, etc..) C. Query Incident - This function would allow the user to search for specific incident(s) based on brief information. 1. Time Frame (from date: ? time: ? to date: ? time: ? ) 2. Location (from ?? to ?? on ?? street ) 3. Officer Involved (Primary or Assisting) D. Query Inventory - This function would allow the user to search for the location of specific items in Police Department custody by: Case Number, Name of person associated with, location recovered, etc.. IV. Sample Menus and entry screens - All CET programs are menu driven for easy user operation. The following are examples of how the programs could be accessed. A. Main Menu - This would be the first menu when logging into the system. Access to all programs would be accessed from this menu. ******************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** CITY OF EDGEWATER P O L I C E / F I R E 1) Enter Incident 4) Query Name 2) Query Specific Location 5) Query Incident 3) Query Area 6) Query Inventory R= Report Menu *** k********* ******************* * * * * * * * * * * * * * * ** * * * * * * * * * * * * * ** 1. Example: Query Specific Location would prompt: the user at the bottom of the screen to enter the location. Enter location [1001 S Ridgewood 1 Sample screen display: k******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * 1001 S Ridgewood Hazard: * k C.E.T. Inc. 426 -0014 Type: B Alarm:A * ***************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** IR # Date Time Incident - -> 9302341 051093 03:45 Auto Theft 9248954 110692 23:04 Alarm 9212873 101392 01:23 Alarm R = Review Incident N = Contact Information C = Comments ***************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2. From the location display, the user obtain information for Incidents at the location, contact names and numbers, and any specific comments for that specific location. a. Example typical Contact Information screen: ********************** * * * * * * * * * * * * * * *s * * * * * * * * * * * * * ** * 1301 S Ridgewood Hazard: F B 1000 Feet * * ABC Chemical 426 -0014 Type: B Alarm:A * : t*********** ***************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Last First Phone Contact JOHNSON ROBERT 724 -4141 1 Owner STEVENS FRANK 123 -4567 2 WILHEIMSTON JACK 342 -9909 3 b. Example of typical Comments screen: ***************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * 1301 S Ridgewood Hazard: F B 1000 Feet * * ABC Chemical 426 -0014 Type: B Alarm:A * ***************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** High volume storage of chemicals and electronic equipment. Fumes TOXIC!! N 'fir 'w j,. ' 1 , MEMORANDUM DATE: December 15, 1993 `'"'' TO: Mayor and Council FROM: George E. McMahon, City Manager ,Y SUBJECT: Ruth A. Plummer's request for financial assistance for Family Crisis Help Center It is my understanding that the Family Crisis Help Center has requested financial assistance from the City via a donation of $15,000. Based upon the minutes of the last meeting, I have reviewed this request with our Finance Director Fred Munoz and determined the following: 1) No money has been budgeted for this nor is any money available in the current fiscal year budget. 2) Any additional appropriations to the budget would have to be made from the City's unappropriated fund balance, which is now approximately $490,000. Obviously, this will deplete the fund balance to the extent any appropriation is made. My recommendation regarding this request is as follows: 1) The City do not appropriate any additional money at this time from their unappropriated funds. This reserve is critical and needs to me maintained without requests such as this imposing additional financial burden on the City. 2) If any appropriation is to be considered, I would recommend that a subsequent elimination or reduction of discretionary funds within this current budget be used, such as elimination of one of the other charitable organizations. 3) Before Council considers any donations to charitable organizations, that it consciously develop a public policy setting forth the criteria for any donations to be considered which would include, but not be limited to, a requirement that all expenditures of the charitable organizations be audited annually by a CPA and an appropriate report submitted to the City Council. By establishing this as one of the criteria, I believe that any donations would be made in the public interest by having full accountability for the expenditure of these funds. I do not believe that public tax dollars should be appropriated for any purpose such as this .unless a certified and documented financial report is made available to the City. 7 December 15, 1993 Page Two "`r.r 4) I believe the taxpayers of this City could make private donations to the Family Crisis Help Center if they elected to do so and therefore produce the same result as committing a portion of public tax dollars for charitable organizations. The final decision as to what you do is obviously a Council decision and in no way do I suggest or imply that the work being done by the Family Crisis Help Center is not of significant value to the families served or the community. Please consider these thoughts in your decision regarding this matter at our next Council meeting. GEM:lsk Now There was a five minute recess at this time. B. Police Chief's request to purchase One Stalker Radar Unit Package for $2,495 Lieutenant Britain gave a background of the radar they are interested in purchasing and the radar they have now. Councilman Mitchum made a motion to approve this request, seconded by Councilwoman Martin. The motion CARRIED 5 -0. ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS FIRST READING: There were no items for first reading to be discussed at this time. SECOND READING: (PUBLIC HEARING) There were no items for second reading to be discussed at this time. UNFINISHED BUSINESS: A. Extension of Employee Assistance Program with ACT Corporation from 10/1/93 to 9/30/94 (Tabled November 1, 1993) Now Al Tynai, Consultant with ACT, was present to answer any questions. Mayor Hayman informed Mr. Tynai why he had been asked to attend the meeting. Mr. Tynai explained Mayor Hayman's concerns with the ACT Corporation. He stated the utilization of the EAP by the employees has decreased over the past year from the initial year the City had a contract. He stated they have the availability and they will provide training for staff and the employees. Councilwoman Martin asked if there was a report showing what ACT has accomplished and how many employees have taken advantage of this program. Mr. Tynai stated he would forward a copy of that report tomorrow. There was discussion on the utilization rate of a City of our size. 1,.. Councilman Hays questioned our insurance policy and whether or not there was redundancy with this contract. Acting City Manager Munoz informed him of a few similarities. Mr. Tynai listed some of the matters handled by ACT. There was further discussion on this matter. Councilman Mitchum asked how long we have been involved in this program. He was informed about three years. Councilman Hays commented on the lack of documentation from ACT. Councilman Hays made a motion to extend the program until September 30, 1994, seconded by Councilman Jones. The motion CARRIED 5 -0. B. Ruth A. Plummer's request for financial assistance for Family Crisis Help Center (From April 5, 1993) Ruth Plummer informed Council she is upset she had to come back and ask for money. She spoke about being turned down by the City '`owle back in April. Page -5- Council Regular Meeting December 6, 1993 Mayor Hayman spoke on the different services the City pays into. He asked her to tell him what it costs to do what they are doing and what some of the problems are and why they are in this City. Staff workers Yvonne Jefferson and Patty Frost explained more Nur about the services they provide, as did several youths and parents who have received help. Councilman Hays informed the youths who spoke it took a lot of courage for them to come up and speak and they could be very proud. Councilman Hays asked what they are dealing with. He feels they are dealing with everything. There was further discussion about the problems the Family Crisis Help Center deals with. Mrs. Plummer stated she knows they are meant to be here. She stated she knows they are going to get some money from somewhere because she knows they are meant to do what they are doing. Councilman Mitchum asked where a majority of the funding comes from. Mrs. Plummer stated she gets money from the County, fundraisers, the Edgewater Rotary Club and personal money. Councilman Mitchum asked what their budget is. Mrs. Plummer stated around $53,000 to bring in counselors. Councilman Mitchum informed her they can't give money to everyone but his heart goes out to them. Councilman Mitchum asked how much they are asking for. Mrs. Plummer stated she would like $15,000. Councilwoman Martin informed Mrs. Plummer this is taxpayers money and not personal funds. Councilman Jones spoke on the families they are helping. He stated he is all for helping them in any way he can. Councilman Mitchum spoke on his support for the Family Crisis Help Center. Mrs. Plummer spoke about trips they will be taking to the juvenile detention center. Mayor Hayman spoke on what the people of Edgewater have said about the Crisis Center when it first opened and what they are 4 saying now. Mayor Hayman stated they have come to a consensus that they want to in some way provide some type of support and help this worthy cause. Mayor Hayman asked Acting City Manager Munoz to review the City's contingency fund, confer with City Manager George McMahon, and make a recommendation about a donation at the December 20th Council meeting. • Councilman Hays informed Mrs. Plummer he would like to make a personal donation and he challenged his fellow Councilmembers to do the same. Councilman Jones stated it took a lot of courage for them to come up and speak and it shows they have character. He asked the donation be placed on the December 20th agenda. Councilman Jones made a motion to make a donation and place it on the December 20th agenda, seconded by Councilman Hays. The Now motion CARRIED 5 -0. Page -6- Council Regular Meeting December 6, 1993 '7c AGENDA REQUEST C.A. NO.: 93 -129 Date: December 13, 1993 \r NEW UNFINISHED CONSENT BUSINESS BUSINESS12 /20/93 PUBLIC HEARING RESOLUTION ORDINANCE ITEM DESCRIPTION /SUBJECT: Referendum Regarding Road Paving Issue BACKGROUND: Councilman Hays has requested that the topic of a referendum regarding the road paving issue be agendaed for discussion by the Council. The central issue regarding the road paving project has been whether to finance the project with a 50% assessment on each 'o"' abutting property owner or a 1/3 assessment with the City picking up the remaining portion. The proposed tax increase to fund the City's portion of the project was not included in the final budget for 1993 - 1994. Accordingly, if the 1/3 assessment method was selected another financing option would have to be utilized. One option is the issuance of bonds payable from ad valorem taxes. Pursuant to Article VII, Section 12 of the Florida Constitution, utilization of these general obligation bonds requires approval "by vote of the electors who are owners of freeholds therein not wholly exempt from taxation... ". The required bond referendum must be initiated by the adoption of a resolution by the Council. At least 30 days notice must be given with publication once in the fifth week and once in the third week prior to the week in which the referendum is to be held. With all of the public debate surrounding the road paving program, a series of referendum questions could be drafted to determine the public's interest in the project as well as the preferred method of financing. The matter of the general obligation bond issue could lour be one of those questions. The phrasing of such questions is governed by specific statutory requirements. In order to provide the Council with additional information regarding the procedural requirements, costs, etc. of such a referendum, the City Clerk and I are meeting with the Supervisor of Elections on Wednesday, December 15th. That information will be provided to the Council at the December 20, 1993 Council meeting. RECOMMENDATION/CONCLUSION: The Council should direct Staff as to whether it wishes to proceed forward with the proposed referendum. If so directed, Staff will draft the required resolution and proposed questions for review by 'taw the Council at a later meeting. FUNDS AVAILABLE: ACCOUNT NUMBER: (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO DATE: AGENDA ITEM NO. Res ectfully submitted, Concurrence: W i 2,„.. Kr s a A. Storey t George . McMahon City Attorney City Manager KAS "err r — C / % r- -.661--L=--10.)-7-f-- G1� - - - - P A Ul 06- 070 %) 0 V e - 4I1 '•'dam' 2'.2c% 5-eL4L 1 ) S 5 2' PALA — Ah►1 7 )144 4S ,, ,6uv(tS c ij &vs I l pr,7) 1 A P - tip)) 41 3. 4G. dd lete% , p„ Ei ) V y = i i I I r Mel Ci. i lanifq L4 r-S. 4/3 la 1 00 Od d Lk.3 ; t 1 (),6 1 6)L . `l ) / ; S h - /l G LI"-«- Ct J % b r E i hi 04_,e � � G L V a V 1 ' 44SSzS�7h rk I 7 )-- — 2 /y l ► )i-)rJ Ar rrl S7 1 c- 7 4ei l S 6 c r& — n-rv.e. ours- 4 )) I G 2 ) Z 3 ii 1 ) C:-�,f's /3 di); t't .4s: 1117-4) 0 2.E" 08/ c C � y s , 'e6 /v a� ea;Li�.e 373 L/ 3 , 6 3 S-2- ,, F. ! 1 4,55 7m -r4 Axel 2/3 Shdr-e 572,/x= l l ga) 'l / 0 .. L I I 'I � / rLa-� q ,�-C1I �-) $''I tyr S6N�f'rS 6 3a . II if J � ; I ii y cxccu ific " ;1 1 • ; vajr 213 - t 2727,7'70 :44.9375:5223) Per L.P. 025.5C Total Project Cost $7,700,300 - 7U of 11101 Total Assessable L.E. 2 ":44.3275 *4752) Cost Per Assessable L.P. $36. 10 Years 15 Years- Total Borr3 09,13: $2,212,64 5.00% Annual - Tota 01,123,603 $253,244 1 1 City 1/3 Annual Putt E ;291i 7c, - L 21 .// Total Payments - Z13 & 15) $11,236,033 $12,27,660 issuance Cost : Uhaerwriter 0_90%. 12255 79,263 E01:.3 in1 0.007 02 , .4352 90,116 Other J:.7.-sts 90,00C 90,000 7-ess :ssuance ost: i.25?,424) • riebt Service Pest-=e :.1,1272,6C.;72) Net Available for 7.?roject 1/3 Split 1/2 Split mnt Per 7..T. $14.27 $13.77 Pmts Per L.P. (w/4% Discount) 9 Pmt.: 4 14 Pmts Typ 20 x 125 7ot - 7 0154.0:0 01 7 ota7 PaymPnts 9 & 1-- axzng 1,141.60 1,101.60 "?avin:7, Cost Per 20x 7 :t6 1 .60 Yote: ma.de 9 . aa / 313 - fr.zraiT 375 'Total L.P. 237,273 ,L4.9375*5230) Cost $0.00 Toital Proiect Cost $3,30C,003 30% f 1EMM Total AssPssab 213,54=1 1,44.9375 *4752) Cost Per Asesab L.F. $0.30 10 Years 15 Years Total ow&d 3. 977,321 1:3,337, 5.33% :Annual at - $515,146 _ C-.1 v»s /041 P7zoyment,E, 10 & 1) $5,151,4.63 601 issuance C-3st : 0„17-C 35,300 34, i 0.007 36,060 Other Costs 90,000 Less :are Cost: ;,161,363) .t.163,7L17) De bt Ffr i5 i3731 443: Net 'Available 315 $3,7.:00, _ _ i lR / d J J41, , e�! tn�i1 _ n l/ 1 17177 v l P„...,--1 J L- 1 � IS l - 0)/A L l - A�11h/a (,A t CTS Q y ,„/ i /,SrS li I I 0 r►ll Oa r �" P /` 2_S'TN ' ,s, 4/9/ A PY- EQ4/ 4 3,D1 #6, Id 0 % I A,- £1 / 4)JJ /i4' ; L.. t 1 7U / ©e /.r I. i i /4-1vl P- %)- eti urs '3y0 #1 34'O II i SSA 7 T „co J i= ST'st/ a 30, da P J ()% ,-y 4 .ei 1 7 — - -2 /.3 get)r�� -M,-J Ar-ru 4 / � / � 3-6 r-) ca l S u rreS — 2rj ,ui - Sk -e PI-lir -r''' ' / C I Ii ;ty l s 0 Pa L ji 4i - tr L C 77 C,.6 5 mot e l_ )Q e L /94i 7 03 . 4 7' 38 A557:5. M -t 0 -)- r-ed R6 Eh a r-e 9 f 3ru i- ) B - ,1L - 5 -er.J ;c ' 4 ) 3 f7 i s n Ortt& e — 4'eol 4 ) C‘4 14 1 M-er s,,, ter-_,T ` l SO ov ...rcuccvc ?6, 213 - rota: . 4 7 '7:2 :.:-.4.:e377°5:2:..=; C,....=st Ter 1. '60'4 of 11MM T ti Asse L.E. 213.54'2 ;44.9375 4 4752"; Cc.st Per :Assessable L.F. $80.91 10 Year.; 1 Years 1,7,242,7n '47F711!. :Rate - Aanual 7 :atE - $1,016,447 $73731 / 1) 0 T2ity 1'3 ;ATInuaL Prate. 33:2,816 245i: 74r /./3 Tta. Tayments in a $17a.14,47C $11,05546E Iss Undev 6a,15J Bond :nsu.rane fi.C/LY7 71 783 Les :5.-1"aa=E C;I=E1:: Z231,791:!) • :eht Eer ReEer t1 7:,;11) Net aiab f:r 41 i9 6 i/3 Split 112 SpILt A Per L.F. $11.32 Prats Ter L.F. Disc'ouat; $1.65 Aanual Payments f3m 1 9 Pmts • '4 Pmts 77;i:aL 80 x 123 Lot - Prat $1722.0i) $96.00 Total Tayments .; a 14; 1 1 AEEesEmeat ;with :Lnan,:ing: 930.00 943.60 2.'2 1 Ne:te: P7rit met Eer-,7= f f Hiles Total L. 237,270 04.4-'937: Cost Per L.1- $0.00 Total Profe,:t Cot $4, 00 Of):73 40',;:•;. of 11E4 Total A. 213,543 (44.9375 *4752) Cost Per Assessable L.P. 10 yea7-4. 15 Year15 7- 2;67, - 179 Rate Annual Pmts - Total CP) S $632,174 4d4 7 7 Total Payments (10 & 15.,) $6, 321, 74:0 , 421; , issuance Cost : TJrter 30:la IlIzuranc 4-7,7'52 5:,944 thea ':7 '?0,C00 Less Issuaa Cost: 11S 1632,174'; - Net Available f-r.:r Prof,ect $4,430,23!:: $4,40,7S3 `JO .. /$24 'J CHAPTER 163, FLORIDA STATUTES i2 /93 INTERGOVERNMENTAL PROGRAMS PART III COMMUNITY REDEVELOPMENT and TAX INCREMENT FINANCING (TIF) 163.335(4) "It is further found and declared that the preservation or enhancement (emphasis added) of the tax base from which a taxing authority realizes tax revenues is essential to its existence and financial health; that the preservation and enhancement of such tax base is implicit in the purposes for which a taxing authority is established; that tax increment financing is an effective method of achieving such preservation and enhancement in areas in which such tax base is declining; that community redevelopment in such areas, when complete, will enhance such tax base and provide increased tax revenues to all affected taxing authorities, increasing their ability to accomplish their other respective purposes... ". First definition of a blighted area: 163.340(8)(a) "An area in which there are a substantial number of slum, deteriorated, or deteriorating structures and conditions which endanger life or property by fire or other causes or one or more of the following factors which substantially impairs or arrests the sound growth of a county or municipality and is a menace to the public health, safety, morals, or welfare in its present condition and use: 1. Predominance of defective or inadequate street layout; 2. Faulty lot layout in relation to size, adequacy, accessibility, or usefulnmess; 3. Unsanitary or unsafe conditions; 4. Deterioration of site or other improvements; 5. Tax or special assessment delinquency exceeding the fair value of the land; and 6. Diversity of ownership or defective or unusual conditions of title which prevent the free alienability of land within the deteriorated or hazardous area..." 163.335 Issuance of revenue bonds * Bonds issued under this section do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction, and are not subject to the provisions of any other law or charter relating to the authorization, issuance, or sale of bonds. * can be used to finance redevelopment including advances for surveys and plans or preliminary loans. * security may be based on the anticipated assessed valuation of the completed community redevelopment and such other revenues as are legally available. * bonds shall mature no later than 30 years following the fiscal year in which increment revenues are first deposited in the redevelopment trust fund. c- iAtq'Eb `JO M7,1 JIAv • (1) No tax increase is required to finance the bonds. /2- /2-0/93 (2) Based on 1983 through 1991 data, over half the funding for the City's share would be provided by the county and the hospital district (see table). In effect, these are indirect grants. (3) Places a cap on the assessed value (of the redevelopment area only) that can be used for the City's general fund. If general fund increases are necessary, the millage can be raised to cover those new necessities. (4) Installation of paving and stormwater improvements will increase the value of the redevelopment area, thus making it possible to accelerate repayment of the bonds. Mr. Morgan Gilreath, Volusia County's property appraiser, anticipates having some preliminary estimates of the increased value before the January 3 Edgewater City Council meeting. Y FISCAL ELIGIBLE TIF MILLAGE SOURCES % OF TIF MILLAGE YEAR CITY COUNTY HOSP. DIST., TOTAL ,CITY 'COUNTY HOSP. DIST., 1983 5.049 4.433 1.86 11.342 44.5 39.1 16.4 1984 5.8 4.458 1.774 12.032 48.2 37.1 14.7 1985 5.441 4.133 2.149 11.723 46.4 35.3 18.3 1986 5.8 4.335 1.923 12.058 48.1 36.0 15.9 1987 6.3 4.064 1.715 12.079 52.2 33.6 14.2 1988 6.3 4.993 1.554 1 12.847 49.0 38.9 12.1 1989 5.3 5.122 1.898 12.32 43.0 41.6 15.4 1990 4.89 5.184 1.853 111.927 41.0 43.5 15.5 1991 4.6 5.191 2.218 112.009 38.3 43.2 18.5 Average 45.6 38.7 15.7