10-04-1993
~~~
.
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Vot:lnq Order
Councilman Hays
Councilman Mitchum
Mayor HaYman
Councilman Jones
Councilwoman Martin
AGENDA
CITY COUNCIL OF EDCEWATER
OC'l'OBER 4, 1993
7:00 p.m.
COMMUNITY CENTER
1.
Cull to Order,
Allegiance
Roll Call,
Pl(~clg(~ of
Invocation,
2. Presentation of Appreciation Plaque/Acknowledgement of
Certification
A. Presentation to Reverend Dr. Lawrence E. Tee
who is resigning as Police Department Chaplain
B. Acknowledgement of Membership of Mark P. Karet
in American Institute of Certified Planners
3. Approval of Minutes
A. Special Meeting of September 13, 1993
4. Citizen Comments
5. 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.
(None)
6 .
New
A.
Business
Larry Nye, Economic Development Resources, re:
economic planning process
Public Works Director's request to purchase one
GMC Topkick Refuse Truck from General GMC Truck
Sales at $51,300
Change to base contract of S & E Contractors,
Inc. for Phase IV of Florida Shores CIP for
water line improvements from Additive Alternate
"A" to Change Order Number One (water line
costs are not loan eligible)
B.
C.
7. Ordinances, Public Hearings, and Resolutions
First Reading:
A. Res. 93-R-22 City's participation in Florida
City Government Week October 3-9, 1993
B. Res. 93-R-23 Support for establishment and on-
going funding by State Legislature of Sinkhole
Research Resource
""
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u
City Council of Edgewater
Agenda - October 4, 1993
Page Two
7. Ordinances, Public Hearings, and Resolutions (Continued)
Second Reading: (Public Hearing)
C. Appeal by David Echols, 708 South Riverside
Drive, of Land Development & Regulatory
decision re: variance to construct swimming
pool (Rescheduled from 9/7/93 meeting)
8. Unfinished Business
A. Recommendation to award contract for curbside
residential recycling to Southard Enterprises,
Inc. after re-bidding and authorization for
Mayor to execute agreement if bid is awarded
B.Discussion re: Land Development and Regulatory
Agency
9. Council/Officers Reports
A. City Attorney
B. City Manager
1) Ratification of labor agreements
C. City Council
10. Questions from Press
11. Citizen Comments
12. Adjourn.
All items for inclusion on the October 18, 1993, City Council
agenda must be received by the City Manager's office no later than
4:30 p.m. on Monday, October 11, 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.
Z addneAa NO .leffen to the Mayon, Counctl and all the good people of
Edgewaten. My name_ Va fnank MonnEA and Z .live at /A/? Cvengneen Lin. I've
come be /one Ehe council becauAe Z am At& and tined o/ the My waa A"g
nosey loa a neEghbon that no one nea.l.Ly needA. ton the pan 8 yeana Z
have .Lived next doors to a man who AaA been a thoun in my Aide even Aenne
Ae moved in. One of the jtaAf tAEngA my nely Wa did wad to aak me to
nay Ion Aall of a fence, Z ne /uae_d Lle penAEa.fed on agg.navating my family
and Z to the point of me buying a Afockade fence to keep him /nom peeking
into my yand. it one fame Ae made a afafement that Z had tin /Al on my
daug WAA bednoom window, Z ask you why would he want to a_ee En my daugAfenA
bednoom? My neE"Abon uAed to peep info my yand ,/ nom AEA campen 40 l p up
a /0 x 20 abed to block Ala view, my /onmen We had comp,laned many ftmeA
about_ my neigAbon wafcAA, hen and my cUldnen. ley ne_tgWn then pulled ALA
campen , wAene LAene wad a gap between the Aouae and the aped dtEN
he wad a6.le to peep Ao Z 6utlt a fnee AouAe to Nock AEA vEAEon. The code
enjoncement olficea wad dennia &Akea at fAaf ftme. Being the in.d of
netyh6on be At he comp.Latned about my cater Ao fhe animal confno.l came out
and put caged En hid yand to cafch the cater, Z En Lunn had a cage put in
my yand to cafcA hid dog. Lieutenant BnA wad to change of - Ehe po.Lice at
that time, he AaVd he did not want to get En the middle o/ a nctghbona_
dEapute and had the caged nemoved, LAVA wad a amaaf man. loin, tAnu a
divonce Z moved out o/ my home to Sa6Le Palm. He code inloncemenf and
fhe city knew whene Z wad .LEvEny. lbe code enlonce_me_n! put a Tine on the
Lnee Aoua_e /on $700.00. He line wad Ion LAC fnee house noof which they
,aid wad not up to code, did you know Idgewafea haA a faee houAe code?
Z found out about LAVA line many months .lafen. Becauae of my neEghbon
we now have a QaAh law joa cafes, 6ecau4e one penAon. compiatned. At one
time my wax mun(le wad Leaning on my neEghbona fence and Aad dented if, Z
fold him that l would talk to my ZnAunance Co., which Z had, CAan.LVe toll'
me my neEghb0na ZnAunance would take cane of A. My ne_Eghbon had cut a
.Lange .Limb 0/1 of the fnee. My home Ed one of LAC olden AomeA in l.lonida
SAoneA and the apnon in my d Aveway iA not ad .Low ad fhe newen homeA, my
neEghbon didn't .Like the way the wafers aaf En Ala apnon a 'flen. a na A Ao
once again Ae comp.latned. The atty dea Wed to plow out En Anon? of fhnee
Aomea, fAey put in a double drive cu.Lvenf in Anont o/ my home. Z Aad cnuAAed
alone in hunt of my home, fhe city ne'uAed to nep.lace iL and put gnadA
down which they now have to cut. One neigAboa complained and the people
of Rgewafen had to pay the KY. When we have u down poun the walen ALEl
.layA in my neEgAbona driveway.
Now the code enloncement o/ icea %evenly waa in my netghbons yard
peeping oven a 6 'toot atockade fence to look unto mgt yand said that Z
Aad tnaK j.unk and tnopenoWe taailen2, T. Aud an inopection made by
/flank and the city Attonney. Hey walked around my yand and found it to
be up to code. AA Ion Qevenly .Looking oven a 6 foot high fence doean't
that make hen a peeping tom? W&Atn On paa_t yean my netyAbon Aaa
complained about my tnaAA can being at the wont connen at the Aouoe and
not on the nean Aide, he Aua animal contno.L out Acne on my dog.A, Ae
f ailed to tell them that my dog.A- were bankiny becaue tAene way all
tnAunance man on tAe Pool. W have Aad a yard We in wA W i& police
were called W ca"Ac (he went- (old we did not have a PenmiY, it waA a
waste of tAe olficenA time Wc.auAe we. dial have a penmit. Now again one
man complains about the Aig.AL 0'j my "naAn and LAC city V_t_epA tn. l have
Aad W police out to my home twice, Z can't cut Puy g.naan WPAouL my
neig.Abon coming, out and AaaaaAA, me, the Nat time An came out witA I"
Aandle fizom a Aledcye Aammen which he ued to knock baicka tAnu LAC NCO.
Z had naked Aim aepeatedly to ,Leave me alone. Again one man complain.z
and 10 city Jump2 tn, now 3e_venl y AaA whiten me up Ion having budding,
mateniala without a peami_t to my yand. He mateniala Ake &A talking
about aae about 15 Amalf ned bnickA. Z have Rome of them oaound a plant
and Rome of fAem next to the fence by a wooden deep. Z ahk you 0 tAiA-
wontA f_Ae ci_tyA - Lune? J am a Band working man, Z MAen no one y et becauAe
of one man being o6Ae2Acd w&A me Z get Aaaaaand all W time. All Z want
a ion the city to .Leave me alone, Atop wa2ting tax payenA money and let .
on to mote tmpontant IAing.A -. l/ , ,
Hank you loa you time,
f nank MonnA
f
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IN RECOGNITION OF OUTSTANDING
SERVICE AWARDED TO
CHAPLAIN LAWRENCE E. TEE
*'`" In recognition of the many years of dedication to the service of God
and his fellow man in this community. You have given both guidance
and inspiration to the City of Edgewater:" We deem it an honor and a
privilege to present you this Plaque of Appreciation for your
Outstanding Service as Chaplain for our Police Department.
Mayor Jack H. Hayman
Councilman Kirk E. Jones
Councilwoman Louise A. Martin
Councilman Michael D. Hays
Councilman David L. Mitchum
on
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CITY y �4 R AUG 3 1 1993
POST OFFICE BOX A TER, FLORIDA 32132
(904) 424-2 ) 424 -2431
LAWRENCE SCHUMAKER
CHIEF OF POLICE
TO: GEORGE F. McMAHON, CITY MANAGER
FROM: LAWRENCE F. SCHUMAKER, CHIEF OF POLICE
DATE: AUGUST 31, 1993
SUBJECT: CHAPLAIN LAWRENCE E. TEE
Regrettably, I have received the resignation of
Chaplain Tee, effective October 15, 1993, due to the fact he is
moving from the area.
Dr. Tee has served as the Chaplain of this depart-
ment for the past six years and will be missed by all.
THE CITY OF EDGE WATER
POST OFFICE BOX 100- EDGEW.4TER, FLORIDA 32132 -0100
MAYOR'S OFFICE
(904)424 -2400 FAX (904)424 - 2409- SUNCOM- 383 -2100
Mayor Jack H. Hayman
District 1 Councilman Kirk E. Jones
District 2 Councilwoman Louise A. Martin
District 3 Councilman Michael D. Hays
District 4 Councilman David L. Mitchum
August 31, 1993
Reverend Dr. Lawrence Tee
13.4 West Ocean Ave.
Edgewater FL 32132
Dear Reverend Dr. Tee;
City Manager George E. McMahon
City Attorney Krista A. Storey
City Clerk Susan J. Wadsworth
It is with deep regret that we accept your resignation
as the Police Chaplain of our community. We are sorry to lose
the services of an individual of your high caliber. On behalf
of the entire City Council, may I express our sincere appre-
ciation for your long and dedicated service as our chaplain.
We commend you for a job well done and extend our best wishes
to you and your family in all future endeavors.
Yours in service;
Jack H. H �n,Sr/
Mayor 6
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THE CITY OF EDGE WATER
POST OFFICE BOX 100- EDGETV,4TER, FLORIDA 32132 -0100
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
George E. McMahon, City Manager
Mark P. Karet, Director of Community Development 4
September 7, 1993
Professional Development
SEP 7- 1993
+�rry Attached is a copy of a membership certificate I received from the American Institute of
Certified Planners (AICP). The AICP is the national professional division within the
American Planning Association (APA). The APA is a non - profit organization open to all
people with an interest in planning.
The AICP's mission is the professional development and certification of its members, as a
means to the ongoing improvement of the practice of planning. The AICP establishes
professional standards, educational requirements and professional ethics.
In order for a planner to qualify and become an AICP member he or she must:
(1) be a current member of the APA;
(2) be engaged in the practice of planning;
(3) meet AICP commission's standard of planning education and experience;
(4) pass a nationally administered examination; and
(5) agree to be guided by the AICP Code of Ethics and Professional Conduct.
In May I passed an examination which tested my understanding of, and ability to apply
* knowledge central to the field of planning and related specialized information. I recently
received the attached certificate.
MPK/smp
mark/prof.dev
MARK P. KARET
r
HAS QUALIFIED AS A
MEMBER
AMERICAN INSTITUTE OF CERTIFIED PLANNERS
JULY 1993
DATE OF MEMBERSHIP
'2
PRESIDENT
EXECUTIVE DIRECTOR
SEP 1 ' 1 993
August 23, 1993
To: George E. McMahon, City Manager
City of Edgewater
Fr: Larry Nye
EDR
Re: Meeting of July 28th
Dear Mr. McMahon:
It was a pleasure meeting you and discussing the economic development potential for
the City of Edgewater. Based on the Industrial Development report dated May 27,
1993, and our discussion of July 28th, our experience in economic development, our
overall recommendations are as follows:
Do not invest immediately into a full time economic development department or
director. Generally emphasis is placed on recruitment of industry and as we
discussed and concur completely with Mark Karet's memo to you dated June 14th,
attention, investment and emphasis must be placed on: a) Community Readiness
and b) Existing Industry. The following is a suggest Program of Work.
Edgewater Program of Work for 1994
Community Readiness:
1) Various zoning and permitting procedures conducive and experience to
business development.
2) Assessment of Strengths and Weaknesses
3) Inventory of Available commercial and industrial Buildings (see attached)
4) Inventory of Available land for industrial development.
5) Prepare Demographic /Social /Business Data Reference Summary or full profile.
6) Review potential areas for a dedicated source of funding for economic
development (i.e., Occupation License Tax Reform Bill #364 which allows for 10% of
revenues collected dedicated to Economic Development).
Existing Industry Expansion /Retention
1) Inventory the capabilities, uniqueness, and competitiveness, predicted job
**W growth of the 53 local industries.
Administer questionnaire and in -depth interview.
b) Identify within a publication. Note Description beyond the 4 - digit
Standard Industrial Classification found in most industrial directories.
C) Identify exporting potential of product.
�' A,
P.O. Box 1748 • Ormond Beach, FL 32175 U.S.A. - (904) 254 -4767 - Fax (904) 254 -4832
2) From the inventory select a pre- determined number of candidate companies to
participate in the Edgewater's.
%aw 3) Review each company and pick Candidates. Criteria may include some of the
following: Assessment of Marketplace potential, depth equity ratio, Level of
Innovation, Level of R & D and its funding relationship with DoD funding, etc.
4) Begin series on workshops, seminars and one on one in -depth counseling with
selected candidates:
Objectives: To increase productivity and employment and job base by assisting the
existing companies in:
a) New Technology applications
b) New Product Lines
C) Penetrating Overseas Markets
e) Re- configuration from Defense Spending
f) Small Business Innovations Research Loans
g) Manufacturing/Technology Competitiveness Grants (Enterprise Florida)
h) Defense Diversion Grants (ARPA).
In order to prepare for the in depth 1994 Economic Development Program, I
suggest providing the foundation of the Program of Work with the following to take
`ftw place in the Third Quarter of 1993. The plan set is as follows.
Economic Development - Community Readiness Program - Part 1 (Qrt IV 1993)
1. Research and designed Edgewater Community Data Summary (see Attached).
2. Seminar Presentation on Economic Development and how communities can
leverage their competitive advantage. The audience is to your choosing (City Council,
business and community leaders).
3. Edgewater customized Preliminary Industrial Capabilities Abstract.
4. Present Findings Volusia County Business Development Corporation.
Cost for Part 1 (Steps 1 - 4)
$3,200.00 inclusive of all cost incurred by EDR.
Date of Execution - Last Calendar Quarter of 1993.
Mr McMahon, I hope you find the above specific recommendations and program
outline of interest and beneficial to you as you embark on your economic development
efforts.
Sin ly,
Larry A. Nye
TITUSVILLE
2
1 7"OMMUNITY DATA SUMMARY
POPULATION LABOR FORCE OD
City of Titusville
1992 40,405
TITUSVILLE POPULATION GROWTH
1980-2000
Popula Uon
HOUSEHOLDS
1992
Titusville:
20,135
Number:
39,259
Persons Per Household:
2.42
Family Households:
11,279
Householders Living Alone:
4,149
1s
n
u
s
N LABOR FORCE
LOCATION
Distance in Miles to Major Cities
From Titusville to:
Orlando 34
Tampa 124
,Jacksonville 134
Miami 204
Atlanta 468
Age /Sex /Race
1992
Civilian Labor
20,135
Employment
18,744
Unemply. Rate
6.9%
6 -17 yrs
LABOR FORCE GRONYTI1: TrrUSVILLE AREA
1s
n
u
s
N LABOR FORCE
LOCATION
Distance in Miles to Major Cities
From Titusville to:
Orlando 34
Tampa 124
,Jacksonville 134
Miami 204
Atlanta 468
Age /Sex /Race
Distribution
E D U C A T I O N
Under 5
7.3
Public Schools
6 -17 yrs
15.7
Number
Enrollment
18 -24 yrs
8.6
Elementary 6
4,217
25 -59 yrs
46.5
Middle Schools 2
1,578
60 -64 yrs
5.7
High Schools 2
2,846
Over 65
15.9
Private
16 yrs & Over
79.2
Number
Enrollment
18 }TS &Over
76.9 -
Pre- school - 8 1
365
Median Age
35
k -8 1
256
By Sex:
By Race:
Collee:
g
Female 51.6%
White 87.3%
Male 48.4%
Non -White 12.7%
Brevard Community College
Enrollment: 1,695
1950 Ills 1H1
1980 1985 1990 1993 2000
Year
Extended Campuses:
Stetson- Space Law School F I N A N C I A L
Embry Riddle - Flight Training
University of Florida - Space Research INSTITUTIONS
Florida Institute of Technology Total Deposits 1991 : $391,118,000
- Graduate Courses & Laboratories
University of Central Florida 1985 -1991 Total Bank Deposit (000'x)
- Undergraduate & Space Research 1988 1989 1990 1991
SAT Scores 303,531 349,951 370,233 391,118
Math Verbal
Brevard 478 423 Titusville's Market Share of Brevard County:
Florida 466 416 9.8%
U.S 474 422
SAT SCORES
LOCAL VERSUS STATE AND NATIONAL
i!>
T;
. Brevard : 3 Florida ❑ United States
TOTAL BANK DEPOSITS
Titusville Area
(1n Nlillioos)
500
400
300
200
100
0
M Total Deposits
CONSTRUCTION
Dollar Valu
Titusville
Building Permit
Activity
Year
Single Family
Multi - Familv
1980
466
152
1985
193
517
1990
218
75
1991
127
0
1992
151
0
Total Dollar Value of Construction
Year
Dollar Valu
1989
$26,430,153
1990
$25,645,611
1991
$1 5,491,725
1992
$14,822,734
TOP SIX TITUSVILLE
MANUFACTURERS*
Firm Employment
Lockheed Space Operation Co. 6,200
McDonnell Douglas 4,100
Rockwell Int'l Corp/Fl Operations 900
USBI Company 800
Grumman Corporation
Technical Service Division 800
Source: Fl Dept of Lahor and Employment
Security.
Fi pre denotes these employed in the Greater Tilus%alle
area: Second Quarter 1992.
1988 1989 1990 1991
Cn
En
BUYING
POWER
YEAR
EBI Med Hsld.
1989
566,230 $24,719
1990
586,529 $26,088
1991
594,054 $29,551
INCOME
Buying Income Groups
$10- 19,999
19.1%
$20- 34,999
27.9%
$35- 49,999
20.1%
$50,000 +
20.9%
GOVERNMENT
Fo rm of City Government: City Manager,
City Council is made up of five (5) members
who serve a four -year staggered term.
Mayor is elected.
1992 TAX MILLAGE
General Fund
4.5498
School / Capital Outlay
9.0020
Beach Acquisition
0.5000
Brevard Library District
0.6191
Mosquito Control
0.2506
St. Johns Water/Mgmt.
0.3580
Parrish Medical Center
0.7093
Ti -Co Airport Authority
0.1443
Fl Inland Nay. Dst
0.0520
Env Endang. Land Acq.
0.2500
Titusville
4.1076
Rec. District 1
0.3653
Total
20.9080
Re Voters 197,615
Democrats 44.7%
Republicans 48.6%
Minor Parties 6.7%
RETAIL SALES
Titusville 1988 -1991
Year
Total Sales
I9SS
$327,123,000
1989
$339,830,000
1990
$372,449,000
1991
$378,298,000
UTILITIES
ELECTRIC: Florida Power and Light
RESIDENTIAL -RS -1
Customer Charge
$5.65
Energy Charge
$41.00
(750 KWH)
3.911
(over 750 KWH)
4.922
Plus Non - Energy Chrg *( 750)
2.899
TOTAL KWH CHG 6.82111.821
GENERAL SERVICE(non- demand)
Customer Charge $9.00 cents ; h
Energy Charge 4.563
Plus Non - Energy Chrg* 2.932
TOTAL KWH CHARGES 7.495
GENERAL SERVICE (DEMAND)
Customer Charge $35.00
Demand Charge" $ /KW6.25cents/kwh
Energy Charge 1.884
Plus Non - Energy Chrg* 2.858
TOTAL KWH 4.742
GENERAL SERVICE (LARGE
DEMAND)
Customer Charge
$41.00
Demand Charge $/KW $6.25cents/1«vh
Energy Charge
1.576
Plus Non - Energy Chrg*
2.806
TOTAL KWH CHARGES
4.382
GEN. 2000 +KW SER (LRG DEMAND)
Customer Charge $170.00
Demand Charge $/KW 6.25cents/ ivh
Energy Charge 1.576
Plus Non - Energy Chrg* 2.806
TOTAL KWH CHARGES 4.317
GENERAL SERVICE (LARGE
DEMAND)
TRANSMISSION VOL. 2000
+KWH
Customer Charge
$400.00
Demand Charge $/KW 6.25 cents/lwh
Energy Charge
1.014
Plus Non - Energy Chrg*
2.639
TOTAL KWH CHARGES
3.653
Subject to adjustment each April and October 1.
**In excess of 10 Kw
Note: All tale classifications above are subject to all local and
Florida state tax as appropriated (residential cusomers are excluded
from Florida State Tax). FPL has time of use /interruptablefload
control rates for industrial and commercial customers. For further
details on appropriate rate structure contact FPL
UTILITIES CON'T...
Water: City of Titusville
Source: deep wells: 7.5 million gal /day
Grounded reservoir: 4.0 million gal /day
Above ground reservoirs: 0.7 million gal /day
Hardness: Avg. 95 milligrams/liter
Pumping Capacity: 16 million gallons/day
Peak FIow: 7.6 million gallons/day
Residential/Non- Residential Cutomers
Monthly Customer Charge: $1.85 1month
Water Rate: $1.46 /thousand gallons
Wastewater: City of Titusville
Plants/Facilities: 4.75 million gallons /day
Average Flow: 4.402 million gallons /day
Residential/Non- residential Customers:
Mo. Customer Charge: $1.85/month
Wastewater Rate: $2.75/ month
Natural Gas: City Gas of Florida
Residential Customers
Customer Charge: $6.00 /month
Non -fuel Charge: $.36591 /therm
``'' Fuel Charge: $.28053 /therm
City Tax: 16%
General Service Customers
Customer Charge: $6.00 /month
Non -fuel Charge: $.18229 /therm
Fuel Charge: $.28053 /thenn
City Tax: 16%
Small Volume Interruptible
Customer Charge: $36.00 /month
Non -fuel Charge: $.11616 /therm
Fuel Charge: $.28053 /therm
City Tax: 16%
Large Volume Interruptible
Customer Charge: $150.00 /month
Non -fuel Charge: $.9341 /therm
Fuel Charge: $.28053 /therm
City Tax: 16%
`LIBRARY
North Brevard Public Library
No. of Books Circulation
75,424 340,465,000
TRANSPORTATION
Air
Local Commercial
(No. runways/length/annual operations)
Space Coast Executive
2 500076000' 134,000
Merritt Island
1 3600' 110,000
Arthur Dunn Air Park
2 129073000' 70,000
Major /International
Orlando International:
292,000 Annual Operations
PORT
Port Canaveral
Distance: 25 mi. Depth: 35'
Docking Facilities:
Warehousing, Stevedoring
Foreign Trade Zone # 136:
4,159.6 Acres
Traffic Count
Highway/ Location
Direction -24 hr. Count
I- 95(S R9)_& SR50 .5 mi. N. of 50 (on 95
North -9,869
South- 12,053
US 1(SR5) & SR50 l
mi. N. of 50
North - 13,984
South- 13,097
SR 406 & Hopkins
Brevard Symphony Orchestra
East andWest -
14,659
SR 50 & I91.24 mi. E.
of 95 (on 50)
East -5,477 West -6,012
CHURCHES*
Protestant 44
Catholic 2
Other 21
'Including Titusville and ?aims
RECREATIONAL/
CULTURAL
Recreational
Golf Courses: Private -1 Publ% -4
Parks/Playgrounds: 18 Public
Cultural
AWDance:
Titusville Art Leaque
Theater:
Emma Parrish Theatre
Music :
Brevard Symphony Orchestra
For
more information contact: Space
Coast
Development
Commission,
2000
S. Washington Ave. ,Titusville,
Florida
32780 Ph:
407 - 269 -3221
_va 4 v
�� )
MEMORANDUM
DATE: September 8, 1993
TO: Mayor and City Council c,
FROM: George E. McMahon, City Manager y /,7►�
SUBJECT: City's Economic Development Budget
Recognizing that the City wishes to continue its interest and
efforts in a sound economic development program, I have discussed
and requested a proposal from Economic Development Resources in
Ormond Beach to review the City's economic planning process and a
preliminary program of work priorities to committing substantial
funds for future economic development. The proposal from EDR
addresses the major items of community readiness; assessing
industry expansion and retention; capabilities of the City; an
�r assessment of marketplace potential; an assessment of City
strengths and weaknesses; an inventory of essential data; and
correlation of findings with the Volusia County Business
Development Corporation. The cost of this work would be an
estimated $3,200, which is well within the $10,000 included in the
1993 -94 budget. I believe once the City has completed this
assessment of readiness to serve economic development, it would be
prepared to have a direction as to where it wishes to go in terms
of pursuing and marketing economic development.
A community data summary and draft proposal from EDR is enclosed
for your consideration. No Council commitment is being requested
at this time, however, it would be included for the next fiscal
year. This proposal will be presented at the October 4th regular
City Council meeting.
GEM:lsk
Enclosure
cc: Joe Martin, Chairman, Industrial Development Board
Date: 3 October 1993
To: Joe Martin, Chairman Industrial Development Board
From: Agnes Rymsza-y
Subject: Letter from Economic Development Resources
The letter from Mr. Larry R. Nye concerning economic deve-
lopment covers many aspects of a plan for the City. The
report, "The Engine to Drive Edgewater's Economic Growth ",
prepared by the Industrial Development Board covered many
of the points in the letter and can be used as a model for
this study.
COMMUNITY READINESS:
Five recommendations offered in the Industrial Develop-
ment Board's report specifically pertained to zoning and
permitting processes and site plan validation. The points
enumerated under Community Readiness are essentially ad-
dressed including statistics and graphic representations
such as inventories of buildings and land and comparison
of Edgewater with other cities. Extensive information is
also included regarding funding and grants.
EXISTING INDUSTRY EXPANSION /RETENTION
Presenting a questionaire to businesses does not work too
well in light of the Chamber's form to businesses which re-
. ,sulted in answers from only 22 %. This small response sug-
gests that a program of appointments and personal inter-
views by qualified persons would be necessary to evoke a
meaningful list of reasons why businesses are satisfied
or unsatisfied including their current needs and their
suggestions for the future.
For those selected as candidate companies (or all com-
panies) emphasis should be on:
Potential in the market
Research and development
Innovative extensions of present system
Development of marketing plan
Development of improved policies and procedures
Development of a business plan and project income
and expense
Productivity
Better service
Export possibilities
Long range plan for operation (design, construction,
capital, lease or purchase)
!
t
Paragraph 4 suggests workshops and seminars to increase
potential. Some of the points mentioned in subparagraphs
a through h are technical and specialized and would require
specific skills to administer. A sizeable budget item should
be considered for this purpose. Also to be considered would
be possible participation of industry in the costs.
ECONOMIC DEVELOPMENT - COMMUNITY READINESS PROGRAM
A data summary similar to the Titusville version is already
available in a different format in the report, "The Engine
to Drive Edgewater's Economic Growth" coupled with City sta-
tistical reports. Reformatting this information should not
be difficult.
Studies are needed for water sources and land acquisition
(lease, annexation, gifts, purchase, etc.)
For a successful application of any programs in this ca-
tegory of development we need:
1. Education of citizens as to strong economic
need of new industry and expansion of pre-
sent industry.
2. A consideration of General Obligation Bond
Issues for purchases and industry enhancement.
3. Turnkey proposal to prospects.
4. City committment.
Recreational features should not be overlooked since in-
dustrialists place emphasis on stress release for their
employees. The golf course project could procede through
a lease purchase program with installment payments pro-
vided mostly from operations revenue. Perhaps someone could
be found to provide a large olympic swimming pool based on
the same concept of lease purchase. A nucleus of corrolated
activities (mini golf, skill games, family picnics, kiddie
swim pool, exhibits, bowling alley, food, aquarium) could
be established making way for small entrepreneurs resulting
in a pay -back to the City to be applied to installments on
the purchase. A moderate size hotel could be planned for
stage two enticing more tourists to our Aquatic Complex on
the Edge (of) Water.
An Economic Development Trust Fund needs to be established
and vigorously maintained. Consideration of setting aside
a portion of impact fees might be in order. An added fee
thereon or within some licensing could be reserved for eco-
nomic progress.
To become economically strong we must address the indus-
trial, health, housing, education, community issues and
related factors that impact fiscally.
.
DATE: September 30, 1993
Post -It" brand fax transmltial memo 7671
r. of pages ► \
70
From —
co.
Co,
D ept. .\ I
Phone
Fax #
Fax #
TO: Joe Martin, Chairman
Industrial Development Board
City of Edgewater
FROM: Philip Fong, Vice Chairman
Industrial Development Board
City of Edgewater
SUBJECT: EDR Proposal Dated August 23, 1993.
RECEIVED
0 C T 0 1 1993
COMMUNITY DEV.
MEMORANDUM
In review of the Community Readiness Program- Part 1 as proposed by EDR, it seems
a majority of the information to be provided by EDR can be found in the recent report
submitted by this Board to City Council. What EDR is proposing inithe Community
Readiness Program- Part 1 involves compilation of preliminary information such as
demographic and economic data, assessment and presentation of Edgewater's
! ndustrial inventory and strength, and findings provided by VCBDC. I am skeptical as
to EDR's proposal will provide the City of Edgewater any new information or insights
regarding the city's overall economical predicaments and deficiency of infrastructure.
To a large extend, IDB's report, specifically in sections of Why Encourage Industrial
Development, the Market Study and the Competition provides the �Oswers or
information to the EDR's proposed study. In conclusion, for the city to pay $3,200 for
EDR's proposed Community Readiness Program- Part 1 would NOT be money well
spent. The City council does not need to spend $3,200 for a repor� on what they
already know. f
While the IDB does not have all the answers or ever claims to knov all the answers, the
twelve (12) recommendations outlined in its report are the laborious fruits of many
hours of analysis and synthesis. Personally, I strongly feel that the City's money and
energy should focus on the strategic planning and implementation o f the Board's
recommendation.
i
DATE: 30 September, 1993
TO: City Counc'
FROM: Joe Marti l h irman, Industrial Development Board
SUBJECT: Summary of IDB meetings and fund expenditures
When I was attempting to obtain additional economic
development funding during the first public hearing on the
FY 94 budget, it was my impression that the Council "would
like to know" what the City was getting from its Industrial
Development Board and its Economic Development funds. In
response, and with staff assistance, I have prepared a
summary of the Board's meetings and expenditures for fiscal
years 1991 through 1993. Also included is a "snapshot" of
my "volunteer" time during a three week period of 1993.
While I believe this information is self explanatory, I am
available to provide additional details at your request.
cc: George McMahon, City Manager
Mark Karet, Director of Community Development
Fred Munoz, Director of Finance
Budget Summary
In fiscal year 1991, the Board did not have a separate line item in
the budget. $2,000 of the Planning and Zoning budget was allocated
for the Board and a total of $212 was spent, mostly in support of the
industry appreciation breakfast.
The Board spent $2,993 out of its budget of $3,000 for fiscal year
1992. $2,000 paid for the appraisal of the Gran Central Corporation
property located in the PID zone. $425 was used to send the chairman
to the florida economic development workshop in Tallahassee. The
appraisal, along with the preliminary environmental assessment
performed by the County and information obtained at the economic
development workshop, made it possible to show GCC how it could
justify donating 160 acres to the City. $166 was spent for ICMA
economic development publications. Remaining expenditures were for
mileage and local seminars relating to economic development.
The fiscal year 1993 budget was reduced to $2,000, of which $1,850 was
spent. $974 was used for advertising and promoting the ad valorem
referendum. $575 was spent for printing the Industrial Development
Board report of 27 May, 1993 and $20 was used to pay for framing the
Industry Appreciation Award presented to Cushman during industry
appreciation week of 1992. Remaining expenditures were for local
seminars related to economic development.
Board Meetings and Manhours Summary
For the 36 month period of fiscal years 1991 through 1993, 59 meetings
were scheduled compared to the 36 required by the bylaws. Eight
meetings (13.6 %) were canceled, leaving 51 actual meetings during this
period. No meetings have been canceled since the regular meeting of
April 2, 1992; however if the quorum had been greater than three (3),
an additional 4 regular meetings, 3 special meetings, and 1 workshop
meeting would have been canceled resulting in a 27.1 % total
cancellation rate.
58.8 % of the meetings were regular, 27.5 % were special, and 13.7 %
were workshops, accounting for 62 %, 22.3 %, and 15.8 % of the members
manhours, respectively.
Average member attendance during this period was 4.5 for an attendance
rate of 64 %. Total member manhours was 404.4 for an average of 7.9
manhours per meeting.
For the 36 month period, meetings averaged 1.4 per month. In fiscal
years 1991, 1992, 1993, meetings averaged 0.8, 1.5, and 1.9 per month,
respectively.
This summary does not include the members' countless hours spent
researching data, reviewing report drafts, and in general preparing
for meetings, nor does it include their time spent on the sidewalk in
front of Eckerds promoting the ad valorem tax exemption referendum.
A "snapshot" of Joe Martin's volunteer time
March, 1993
Date
Tonic
Start End Hours
3/17
Meet w /Karet and Wadsworth re: Utilities
0930
1045
1:15
3/22
Chamber
of Commerce Business Expo
0700
1030
3:30
report
VCBDC -
Film Video of Edgewater Area
1045
1200
1:15
IDB - Extended
Family
1700
1830
1:30
11:00
VCBDC -
Review Video of Edgewater Area
2000
2100
1:00
3/23
Jiloty
Communications - Edgewater Video
1000
1130
1:30
3/24
VCBDC -
Potential local project
1530
1700
1:30
Work on
City Council
Workshop
1900
2040
3:40
3/25
Jiloty
Communications - Edgewater Video
0800
1145
3:45
3/26
1700
ditto
0930
1230
3:00
3/28
VCBDC -
Design Proposed Marine Park
1100
2400
13:00
3/29
ditto
0830
1630
8:00
3/30
ditto
0830
1130
3:00
3/31
Prepare
for IDB meeting
1700
1830
1:30
Average
3.2 hours /day for 15 day period
Total
47:25
April, 1993
4/1
Prepare
TIF
package for IDB
meeting
0830
1945
11:15
4/2
Work on
IDB
report
1130
2200
10:30
4/3
ditto
0930
2030
11:00
4/5
Work on
Marine
Park and GCC
Park
1130
1830
7:00
4/6
ditto
1200
1400
2:00
Work on
GCC
Park
0900
1100
2:00
4/8
ditto
0900
1700
8:00
Average
6.5
hours /day for 8
day period
Total
51:75
AGENDA REQUEST
En
CONSENT
PUBLIC
HEARING
Date: September 21, 1993
NEW
BUSINESS
10/ 4/93
UNFINISHED
BUSINESS XX
RESOLUTION
ORDINANCE
ITEM DESCRIPTION /SUBJECT: Purchasing one (1) Refuse Truck
using the low bid (bid opening July 21, 1993) at the cost of
$51,330.00.
BACKGROUND: This truck will replace an older truck in the
Sanitation fleet.
RECOMMENDATION: Purchase one (1) GriC Topkick Refuse Truck
using the low bid from Genera'_ GMC Truck Sales.
FUNDS AVAILABLE: ACCOUNT NUMBER.: 47534 56640
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PRESENTED BY:
PREVIOUS AGENDA ITEM:
DATE: B -2 -93
(Award Bid for Two (2) Trucks)
YES XX NO
AGENDA ITEM NO. 5.
Respectfully submittted,
Z
Hugh D. Williams
Director of Public Works
Concurrence:
George V. McMahon
City Manager
A: \HDW \RTRK9 -21.93
( jaf iDgwater
POSTOFFICE BOX 100
EDGEWATER, FLORIDA32032
BID TABULATION SHEET
Two (2) Single Axle Rear Loading Garbage Packers
SUBJECT
DATE
COMPANY
Metro -Tech Equipment Corp.
Orange City
Palm Peterbilt -GMC Trucks, Inc.
Ft. Lauderdale
Heintzelmans Truck Center
Orlando
Solid Waste & Recovery Sys. Inc.
Jacksonville
No Return Address
AMOUNT OF BID
a� 41 ova -�so, ga o
C17(
3�y��- /Glut iSa. , '70 674 -ctt S `/3Y ® y O
/ 9
'A 79 �e 31.SR. 7 7
137_ Ii.0 9a.A
Sol, 90 ' .
General GMC" Truck Sales & Ser. Inc.'Ll "'°', Z; V�) —) d. "J
W Palm Beach �j75,a�3 0 �S, a5S �55 578 s`55, 58g
Ray Pace's Waste Equipment Inc.
� `6/ 7 7�
Jacksonville J 7
c9�:u
i��
Memorandum
Public Works Department
Date: September 27, 1993 r
To: George M ahon, City Manager
From: Hugh D_ i II%ms, Director of Public Works
Subject: Third Refuse Truck
October 4, 1993 Council Meeting
The long term goal of the City Refuse Department is to have
all side loaders replaced with rear loading type refuse
collection vehicles.
To this end the program outlined in the June 9, 1993 memo
relative to true -::s recommended that the existing six (b) vehicle
*taw fleet of side loaders be replaced with a five (5) vehicle fleet
of rear loaders.
-he - .ty Council
loadino vehicles on
each, and at that me
Department would be
purchase of the third
did authorize the purchase of two (2) rear
August 2, 1943 for a price of $51,300.(,
eting it was discussed with Council that the
coming back after the new year for the
vehicle.
During the budget hearings we also discussed this with the
Council and fund_ were approved an the budget for the purchase of
a total of three (3) vehicles for this fiscal year. (The two
vehicles ordered at the ;august 2, 1 meeting were budgeted in
the 1494 budget as delivery is not anticipated until February i,
1994)
We will be advertising in the November
of Cities Glualities Cities magazine for the
side loading refuse vehicle, (1 -9 -75 Ford
upon receipt of the three (3) new trucks we
for the sale of a 1982 Ford, 1985 Ford, and a
yard refuse vehicle.
issue of the League
sale of the oldest
?5 cubic yard), and
will be advertising
1987 Ford 25 cubic
This will give the City a refuse fleet of three (3) new
diesel rear loading compactors, one (1) 1988 Ford gasoline side
loading refuse vehicle and one (1) 1991 Ford diesel side loading
vehicle.
Page Two
Third Refuse Truck
It would be anticipated for the 1995 budget year that tha
1988 f=ord gasoline refuse vehicle would be replaced with an
additional rear loading diesel vehicle.
This would give the City a fleet of four (4) diesel powered
rear loading vehicles, and one (1) diesel powered side loading
vehicle i n 1995.
It would be anticipated that this configuration of vehicles
should be adequate until 1997.
The $51,300.00 price for the purchase of the third refuse
vehicle is a price that can only be guaranteed until the new 1994
**AW vehicles would go into production. iapproximately November 1,
1993)
A construction order was placed by the salesman on the third
vehicle at the time the initial two i2) vehicles were ordered.
This tentative construction order does not bind the City to this
purchase, but it does enable us to accept delivery on three
vehicles approximately February 1. 1994.
The fuel efficiencies of the diesel as opposed to the
gasoline engines, the labor efficiencies of the rear loaders as
opposed to the side loaders, and the cost effectiveness of having
newer vehicles on the road as it would relate to repair and
maintenance cost make the purchase of the third vehicle not only
cost effective but labor effective as well.
HDW:twh
A:HDW \DPW9 -6.93
G
14
AGENDA REQUEST
Date: September 16, 1993
CONSENT
NEW
BUSINESS 7�
PUBLIC
HEARING
UNFINISHED
BUSINESS
RESOLUTION ORDINANCE
ITEM DESCRIPTION /SUBJECT: Change Order Number One (1) to the
City of Edgewater's Phase IV of the Florida Shores Capital
Improvements Program is to change the designation of the water
line improvements from Additive Alternate "A" Lo Chariye Order
Number 1.
BACKGROUND: When the Edgewater City Council adopted Resolution
93 -R -04 awarding Phase IV work to S & E Contractors, Inc., it
•--included the water improvements in the total contract cost. The
water line costs are not loan eligible and DER prefers that we
treat them as a change order to the base contract. This is a
record keeping change with no additional financial impact to the
City.
RECOMMENDATION: Approve Change Order No. 1 based on the attached
documentation.
FUNDS AVAILABLE: ACCOUNT NUMBER: 43533 - 56630
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PRESENTED BY: Kyle W. Fegley, City Engineer
PREVIOUS AGENDA ITEM: YES
c,
DATE: / 4 1 AGENDA ITEM NO.
NO XX
Respectfully submitted,
Kyle ' Fegley
City ngineer
Concurrence:
George E. McMahon
City Manager
6.c,
CC:Terry Wadsworth
S & E CONTRACTORS, INC.
R
.-.Schedule Of P -rices For The City Of Edgewater (Continued)
Florida Shores Capital Improvements
*, Phase 4
ADDITIVE ALTERNATE A
Schedule 5:Potable Water Distribution System
(Non -Loan Eligible Items)
(Drawings L -20, M -20, N -20, P -20,, Q -20)
Area Description: 6" along 30th Street within Phase
4
Item Est. Unit
No. Description Qty. Unit Price Amount
5.1
Ductile Iron Fittings
1,200
LB
5.2
6" +Water Main
2,800
LF
5.3
6" Gate Valve
4
EA
5.4
Tie -in to existing 8"
1
EA
5.5
Detail D -8 /A 6
1
EA
5.6
Detail D -8 /B 6
1
EA
5.7
Detail D -8 /C 6
7
EA
,44w 5.8
Detail D -8 /E 6
1
EA
5.9
Fire Hydrant Assemblies 4
EA
5.10
Pavement Replacement
100
SY
5.11
Utility Test Pits
1
LS
Additive Alternate A Total:
$ 2.50 $ 3,000.0
$ $ 18,200.00
$ 0.00 $ 1,600.00
$ 250.00 $ 250.00
$ 300.00 $ 300.00
$ 00.00 $ 800.00
$ 35.00 $ 2,450.00
$ 100 $ 1,300.00
$ 1500.00 $ 6,000.00
$ 9.00 $ 900.00
$ _M0.06 - $ 1,500.00
$ 36,300.00
87- 400.15/P4 00300 -6
1
x
THE CITY OF EDGE WATER
POST OP FICE BU,V IOO- EDGEIVAIT - FLORIDA 32132 -0100
CITY CLERK /PERSONNEL DEPARTMENT
FAX (904)424 - 2409- SUNCOM- 383 -2407
CITY CLERK- (904)424 - 2407 - PERSONNEL- (904)424 -2408
Mayor Jack H. Hayman City Manager George E. McMahon
District 1 Councilman Kit* E. Jones City Attorney Krista A. Storey
District 2 Councilwoman Louise A. Martin City Clerk Susan J. Wadsworth
District 3 Councilman Michael D. Hays
District 4 Councilman David L. Mitcham AGENDA REQUEST
Date: September 28, 1993
CONSENT
PUBLIC
HEARING
NEW
BUSINESS
UNFINISHED
BUSINESS
RESOLUTION x ORDINANCE
ITEM DESCRIPTIONISUBJECT: Adoption of Resolution 93 -R -22
BACKGROUND: The City Council is asked to consider the adoption of
Resolution 93 - -R -22 as the City's participation in the Florida
League of Cities program entitled" Florida City Government Week ",
October 3 - 9, 1993.
RECOMMENDATION /CONCLUSION: Please have Council consider the
adoption of Resolution 93 -R -22.
FUNDS AVAILABLE: ACCOUNT NUMBER:
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PRESENTED BY:
PREVIOUS AGENDA ITEM: YES
DATE:
AGENDA ITEM NO.
NO
Respectfully submitted by:
t'
Susan J. Wadsworth,CMC
City Clerk
R,
RESOLUTION NO. 93 -R -22
A RESOLUTION OF THE CITY OF EDGEWATER,
FLORIDA, RECOGNIZING CITY GOVERNMENT WEER,
OCTOBER 3 - 9, 1993; ENCOURAGING ALL CITIZENS
TO SUPPORT THE CELEBRATION AND CORRESPONDING
ACTIVITIES; REPEALING RESOLUTIONS IN CONFLICT
HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, city government is the government closest to most
citizens, and the one with the most direct daily impact upon its
residents; and
WHEREAS, city government is administered for and by its
citizens, and is dependent upon public commitment to an
understanding of its many responsibilities; and
WHEREAS, city government officials and employees share the
responsibility to pass along their understanding of public services
err✓
and their benefits; and
WHEREAS, "Florida City Government Week" is a very important
time to recognize the important role played by city government in
our lives; and
WHEREAS, this week offers an important opportunity to spread
the word to all the citizens of Florida that they can shape and
influence this branch of government which is closest to the people;
and
WHEREAS, the Governor and Cabinet of the State of Florida have
set aside this week to recognize and honor the efforts of city
W governments.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Edgewater, Florida:
Section 1. That the City of Edgewater does encourage all
citizens, city government officials and employees to do everything
possible to ensure that this week is recognized and celebrated
accordingly.
Section 2. That the City of Edgewater does encourage
educational partnerships between city government and schools.
Section 3. That the City of Edgewater does support and
encourage all city governments to actively promote and sponsor
"Florida City Government Week ".
93 -R -22 1
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.
After Motion by and Second by
vote on this resolution was as follows:
Mayor Jack H. Hayman, Sr.
Councilman Kirk Jones
Councilwoman Louise A. Martin
Councilman Mike Hays
Councilman David L. Mitchum
PASSED AND DULY ADOPTED this
ATTEST:
Susan J. Wadsworth
City Clerk
XXX
XXX
XXX
XXX
XXX
, the
day of October, 1993.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Jack H. Hayman, Sr.
Mayor
APPROVED FOR FORM & CORRECTNESS:
Krista A. Storey
City Attorney
93 -R -22 2
AGENDA REQUEST
Date: September 28, 1993
CONSENT
NEW
BUSINESS
UNFINISHED
BUSINESS
PUBLIC
HEARING
ITEM DESCRIPTION /SUBJECT
Expressing support for establishment and ongoing funding by the
State Legislature of a sinkhole research resource
BACKGROUND:
When Orange City experienced a sinkhole episode in March of this
year, they discovered that the State of Florida had discontinued
funding for sinkhole research. The City Council of Orange City has
requested our support in asking the State Legislature to provide
adequate funding for this research.
RECOMMENDATION /CONCLUSION
Staff recommends Council consider adoption of Resolution 93 -R -23.
If adopted, copies will be forwarded to the Governor, the Florida
Geological Survey which is a part of the Department of Natural
Resources, and our legislative delegation.
FUNDS AVAILABLE ACCOUNT NUMBER:
RESOLUTION 10/4/93 ORDINANCE
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
Respectfully submitted,
George E. McMahon
City Manager
RESOLUTION NO. 93 -R -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, EXPRESSING SUPPORT FOR
1 "" THE ESTABLISHMENT AND ONGOING FUNDING BY THE
LEGISLATURE OF THE STATE OF FLORIDA OF A
SINKHOLE RESEARCH RESOURCE, SUCH AS THE
FLORIDA SINKHOLE RESEARCH INSTITUTE; REPEALING
ALL RESOLUTIONS IN CONFLICT HEREWITH AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, our neighboring city in Volusia County, Orange City,
experienced a sinkhole event on March 7, 1993; and
WHEREAS, this sinkhole damaged both public and private
property; and
WHEREAS, the aftereffects of this sinkhole have caused Orange
City to agree that the formation of sinkholes results from long-
VOW term processes that must be studied over time; and
WHEREAS, Orange City believes that the development of new
technologies over time which may lead to additional information
that can be integrated into the existing body of knowledge will
form a more complete understanding of these processes and;
WHEREAS, the identification and explanation of sinkhole
activity will provide a better assessment of risk that is needed
for establishing appropriate insurance rates, setting building
construction and design standards and planning land use.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
EM
of Edgewater, Florida:
Section 1. The City Council of the City of Edgewater, hereby
supports the re- establishment of the Florida Sinkhole Research
Institute by the Legislature of the State of Florida.
Section 2. The City Council requests the Legislature of the
State of Florida to provide adequate funding of this Institute.
Section 3. The Legislature of the State of Florida should
direct said Institute to be a part of the Florida Geological Survey
and develop a sinkhole data base for the dissemination of sinkhole
data to the public.
93 -R -23
1
Section 4. All resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed.
Section 5. This resolution shall take effect upon adoption.
After Motion by and Second by ,
the vote on this resolutions 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
ATTEST:
Susan J. Wadsworth
City Clerk
day of October, 1993.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Jack H. Hayman, Sr.
Mayor
APPROVED FOR FORM
AND CORRECTNESS:
Krista A. Storey
City Attorney
U
93 -R -23
2
Tc.
THE CITY OF EDGE WATER
POST OFFICE BOX 100- EDGEIVATER, FLORIDA 32132 -0100
CITY MANAGER'S OFFICE
(904)424 -2404 FAX - (904)424 -2409 SUNCOM 383 -2404
*Otfyor Jack 11. !layman
District 1 Councilman Kirk E. Jones City Manager George E. McMahon
District 1 Councilwoman Louise A. Marlin September 17, 1993 City Attorney Krista A. Storey
District 3 Councilman Michael D. hays City Clerk Susan J. Wadsworth
District 4 Councilman David L. Mitchum
NOTICE OF APPEAL
Pursuant to .Article X, Section C of Appendix B of the
Edgewater Code of Ordinances, Mr. David Echols, 708 South Riverside
Drive, filed an appeal with the City Council regarding the denied
variance from Section 7- 324(b) of the Zoning Ordinance in order to
allow construction of a swimming pool. The variance was denied by
the Land Development and Regulatory Agency on July 21, 1993. This
appeal was scheduled to be considered by the City Council during
the special meeting to be held on Tuesday, September 7, 1993. At
that time Mr. Echols asked that the appeal be rescheduled. The
appeal is now set for Monday, October 4, 1993, at 7:00 p.m. in the
Community Center, 102 N. Riverside Drive.
For additional information, contact Susan J. Wadsworth, City
Clerk.
lsk
Mr. Martin spoke about the reasoning behind requesting an
additional $10,000 being put into the Trust Fund for matching
grant money funds.
There was more discussion on where this money would come from.
Councilman Mitchum stated Mr. Martin is talking about a
'#MW substantial amount of money. He stated projects are going to
have to be discussed on an individual basis. He does not
recommend this.
Mayor Hayman stated $10,000 has already been given to the
Economic Development Board. He spoke about a comprehensive study
of what the City needs. He stated the Industrial Development
Board's first goal over the next year should be an economic
survey.. He suggested they work with New Smyrna, Oak Hill and
Volusia County. He has no problem with helping get this survey
completed.
There was discussion about staff commitment to the industrial
development of the Cit�l.
Councilman Mitchum spoke about the 26% increase at one time. He
stated over the last three years, the General Fund has been
subsidized by the reserve fund. He feels this has to change. He
stated the 26% does not go down well. He is hoping we will not
have to look at this next year. He feels this is a true and
realistic budget. He commended Mr. McMahon's work on giving the
'fir City a true and realistic budget. He has to support this.
Councilman Mitchum made a motion to support and approve
Resolution 93 -R -18 at a millage rate of 5.8882 %, seconded by
Councilwoman Martin.
Councilman Hays stated over the last couple of years the City has
tried to hold down the ad valorem taxes. He still feels it was
the right thing to do.
Councilman Jones also agreed. He spoke about the City Attorney
situation which was going on the last time he was in office.
feels we are well on our way to rebuilding.
City Manager McMahon spoke about the citizens getting the service
they expect.
The motion CARRIED 5 -0.
Appeal by David Echols, 708 S Riverside Drive of Land
%W Development and Regulatory Agency decision re: variance to
construct swimming pool.
Mayor Hayman stated during intermission, Mr. Echols asked this be
continued at another time and remove this from the agenda.
Public Hearing on Ord. 93 -0 -14 and Ord 93 -0 -15 Amending Article
III (Sewers) of Chapter 19 (Utilities and Services) and Article
IV (Sewage Disposal) of Chapter 10 (Health) pursuant to funding
requirements of Wastewater Capital Improvement Program
Utilities Director Terry Wadsworth made a presentation on this
matter.
Mayor Hayman read Ord. 93 - 0 - 14.
Mayor Hayman opened the public hearing.
Mayor Hayman closed the public hearing.
Councilman Hays made a motion to approve Ord. 93 -0 -14, seconded
by Councilman Mitchum. The motion CARRIED 5 -0.
Page -4- Council Special Meeting
September 7, 1993
July 27, 1993
Mayor and City Council of Edgewater
P. 0. Box 100
Edgewater, F1 32132 -0100
Ref: Variance Request
Dear Mr. Mayor and City Council of Edgewater,
AUG 1 0 1993
("I E Y MANir taER
RECEIVED
AUG 0 5 1333
COMMUN17 -y REV.
My wife, Peggy Jones Echols, two children, Stacy (8) and Justin (6)
and myself, David Echols, were denied by the City of Edgewater, Land
Development and Regulatory Agency a variance to allow for the construction
of a swimming pool. VA -0593 on July 21, 1993. We had received informal
approval from Mark P. Karet, Director of Community Development and I then
attended the variance meeting to answer any questions. It appeared the
`ir Board was going through the formal approval process.
When I was asked if I had had the house built 7 years earlier, I
responded yes. This brought a funny look to everone's face and a sudden
denial vote. I am under the impression if I had bought the house my request
would have been granted.
I feel this is very unfair. If there was a reason for the denial, I
could accept it, but the fact that I had the house built vs. having bought
the house ready built, does not seem fair. If I had bought the house and
got the variance, the pool would be O.K, and there would be no problem.
However, since I had the house built, it's not O.K. to put a pool in.
First, a little background. I talked to Aqua Tropic.Pool.s, and
they informed me that I would need a variance. They offered to get the
variance for me. I was never asked if I had bought the house or had it
built. Aqua Tropic Pools, if they led you to believe I bought the house,
did so without my knowledge of consent.
Second, when we had the house built seven years ago by Larry Harris,
there was no discussion about a pool being built then or at a later date.
This is something our family has decided to do just this year, to keep our
children and their friends at home and off the streets during their growing
years. If I was trying to put a pool in when I first bought the house I
would not have waited seven years to start the process.
Third, we have a privacy fence around the area which we wish to
put the pool in. This fence has been there for the past seven years.
In conclusion, if I were to sell the house to else, I
assume there would be a variance approved and a pool built. The point
being the pool in existence does not cause any problem, and no one has
Thank you.
r
David Echols
objected to us having a pool.
MEMORANDUM
TO: Mayor and City Council
FROM: Sondra M. Pengov, Staff Assistad
DATE: August 10, 1993
SUBJECT: Synopsis of July 21, 1993 LDRA Minutes
The following is a synopsis of the July 21, 1993 minutes that pertain to item VA -0593 -
Variance to Allow for the Construction of a Swimming Pool:
VA -0593 - Variance to Allow for the Construction of a Swimmine Pool
Diana Ballard, authorized agent for David Echols is requesting a variance from
Section 7- 324(b) to construct a swimming pool
Chairman Hellsten asked Mr. Karet to give the staffs report. Mr. Karet said the applicant is
requesting a variance from Section 7- 324(b) that requires swimming pools to be located 5 feet
from buildings and 10 feet from the property line. Mr. Karet said the applicant's .26 acre
parcel is nonconforming as well as the 2 story, single - family residence and a storage shed
which is on the property. Mr. Karet stated the applicant would like to construct a 15 ft. x 30
ft. pool, with decking 4 feet from the residence and 3 feet from the property line that would
encroach 1 foot into the required separation from the home, and 7 feet into the required
separation from the property line.
Mr. Karet said the 5 criteria has been satisfied, however, the Department of Community
Development supports the applicant's request only in part. He said it is staffs opinion that
the 5 foot separation between the pool and the residence should be maintained to ensure the
structural integrity of the buildings that might be damaged by nearby excavation.
Chairman Hellsten asked for member comments.
v, Mr. Garthwaite questioned whether the pool would be screened, and the applicant replied yes.
Mr. Masso inquired about the setbacks with a pool enclosure of which Mr. Karet responded
the City would have no problem with an enclosure as long as the setbacks described in the
report are met.
Page -2-
RE: Synopsis of July 21, 1993 LDRA Mintues
EM
After other discussion between the Board and Mr. Echols owner of the property located at
708 South Riverside Drive the Chairman asked the Board to vote on the 5 criteria.
Chairman Hellsten read "A" of the five criteria.... does a special circumstance exist? All
members voted YES .
Chairman Hellsten read "B" of the five criteria.... strict application would deprive the applicant
of reasonable rights. All members voted YES.
Chairman Hellsten read "C" of the five criteria.... special circumstances or conditions do not
result from the action of the applicant. After the Board conferred with Mr. Echols, Mr.
Fazzone asked Mr. Echols if he purchased the home as a resale or did he have the home built.
Mr. Echols replied that he had the home built 7 years ago. Mr. Karet said this was a
different response from what Diana Ballard of Aqua Tropic Pool, Inc. said during the review,
she indicated that Mr. Echols had purchased the home as a resale. Upon the Chairman
taking a vote on "C" of the criteria, all members vote NO.
Being that "C" of the criteria wasn't met, Mr. Masso moved to deny the request, based on
criteria "C ", the property owner built the home and is responsible for the conditions of the
property, seconded by Mr. Masso. Motion to deny CARRIED 7 -0.
Chairman Hellsten informed Mr. Echols that he could appeal to City Council.
c: \correspo \synopsis
MEMORANDUM
TO: Land Development and Regulatory Agency
FROM: Mark P. Karet, Director of Community Development 01-
DATE: July 15, 1993
SUBJECT: , Variance Request - VA -0593
Applicant - David Echols
Agent - Diana Ballard, Aqua Tropic Pools
Request:
The applicant is requesting a variance from Section 7- 324(b) of the code of ordinances in
order to construct a pool. Section 7- 324(b) requires pools to be located 5 feet from buildings
* *AW and 10 feet from the property line.
Backeround
The applicant owns a .26 acre parcel, located at 708 S. Riverside Drive, in the R -1 Single -
Family Residential district. The parcel is nonconforming. It is approximately 575 square
feet short of the 12,000 square foot minimum lot area required in the R -1 district. The parcel
contains a nonconforming, 2 story, single - family residence, and a nonconforming storage
shed. Both structures encroach into the rear yard setback. The property also contains a spa
located on the north side of the single- family residence. The applicant intends to remove the
spa if the pool is approved.
The applicant wishes to construct a "standard" 15 foot x 30 foot pool. As proposed, the pool
with decking would sit 4 feet from the single - family residence and 3 feet from the property
line. This location encroaches 1 foot into the required separation from the home and 7 feet
into the required separation from the property line.
14ftr Discussion:
A variance is a grant of approval for development activity that is prohibited by the City's
codes. A variance should generally be granted when it is found that the property in question
Page -2-
Variance Request - VA -0593
`'"" cannot reasonably be put to a conforming use. A variance should also be granted if it is
found that strict application of the regulations constitutes an arbitrary and capricious
interference with the rights of the property owner.
The zoning ordinance contains 5 criteria which are set out in Section 904.01. All of these
criteria must be met before a variance can be granted. Each of the 5 criteria are addressed
below:
A) Special Circumstances exist which are peculiar to the applicants land,
structure, or building, and do not generally apply to the neighboring lands,
structure or building in the same district or vicinity.
The single- family residence is located in the northwest corner of the lot. As a result
neither the interior side or rear yards possess the 1,296 square feet of open space
necessary to locate a standard size pool.
B) Strict application of the provision of this ordinance would deprive the
,applicant of reasonable rights commonly applicable to other properties in
the same district.
Strict application of the City regulations will prohibit the applicant from locating a
pool anywhere on the property. Section 7- 324(a) of the zoning ordinance prohibits the
location of pools in front and side corner yards. The application of Section 7- 324(b)
to the property without a variance would allow the construction of a pool that is no
wider than 4 feet to 6 feet in the interior side or rear yard.
C) The special circumstances or conditions do not result from the action of
the applicant.
The applicant not responsible for the size of the parcel or location of the structure.
D) The granting of this variance will not cause a substantial determent to the
public welfare or impair the purpose and intent of this ordinance.
Staff can find no reason to conclude that the granting of this variance will cause
substantial injury or otherwise harm to the general public.
E) The granting of this variance will not constitute a grant or special privilege
that is denied by this ordinance to other lands, structures or buildings in
the same district.
Page -3 " VA -0593
V Dance Request -
will not constitute a Want o f special privilege. It wi
The granting of this variance of on the property that would otherwise be
allow the applicant to locate a Pool
prohibited.
zoning
Recommendation: orts the appl'c�
e
satisfied each of the 5 criteria ent supped in d the
app li ca nt has Develop ool an
Staff finds that the he Department of Community separation
between the p
However, opinion that the 5 foot sep foot separation
ordinance• in art It is staff s op The purpose of the 5 ed by
request only p s that might be damag uctural integrity of the building
sin le- family residence should be maintained.
g ensure the
requirement is to
nearby excavation.
Nwyjsmp
c:\ldra \va0593
LAND DEVELOPMENT AND REGULATORY AGENCY
INFORMATION SUMMARY
` CASE # VA -0593
PROJECT NAME: David Echols
APPLICANT /AGENT: Aqua Tropic Pools, Inc./David Echols
OWNER: David Echols
REQUESTED ACTION: Variance
PROPOSED USE: Residential (Swimming Pool)
LOCATION: 708 S. Riverside Drive
AREA:
EXISTING LAND USE: Residential
FUTURE LAND USE: Low Density Residential
ZONING DISTRICT: R -1
SURROUNDING AREA
EXISTING LAND USE /FUTURE LAND USE /ZONING DISTRICTS:
NORTH: Residential/Low Density Residential/R -1
SOUTH: Residential/Low Density Residential/R -1
EAST: Vacant Riverfront/Low Density Residential/R -IA
WEST: Residential/Low Density Residential/R -1
APPLICABLE SECTION(S) OF CODE: Section(s) 904.00 thru 904.06 and all other
applicable regulations associated with the variance approval process.
Amp
c:\Idra\info.sum \va0593
�
June 9, 1993
City Of Edgewater
104 North Riverside Drive
Edgewater, FL 32132 -0100
Re: 708 South Riverside Drive, Edgewater /Request for variance criteria
2. a. Placement of residence was situated in such a way that the only
feasible placement of proposed swimming pool would be in the
location as placed on plot plan. Please see attached plot plan
and proposed swimming pool location.
b. Strict application o
foot set back, would
right to own his own
home with-the intent
the time of purchase
(10' set back)
f the provision of ordinance, ie. ten (10)
deprive Mr. Echols of his reasonable
swimming pool. Mr. Echols purchased his
of building a swimming pool. However, at
Mr. Echols did not have knowledge of oridance
C. Mr. Echols had no participation in the placement of his residence,
as it was purchased after the fact.
d. It is our firm belief that the granting of this variance will
in no way cause substantial detriment to the public welfare
or impair the purpose and intent of set back ordinance. Futher,
Mr. Echols property is presently inclosed by a 6' wood privacy
fence in area proposed to build said swimming pool. It is also
our firm belief that the granting of this variance would en-
hance Mr. Echols property /residence in such a way that would be-
nefit the community by adding value to said property.
e. It is our knowledge that variances of this nature have been granted
in the past, Therefore, we believe that we are in no means asking
for special privileges, only the opportunity for Mr. Echols to en-
joy his property in such a way that is already accessible to thou-
sands of pool owners in this area.
AQUA TROPIC POOLS, INC.
2900 S. Nova Road, M2
South Daytona, FL 32119
Phone: (904) 788 -9599 • Fax: (904) 7562200
NSB (904) 427.5513
Palm Coast (904) 455 -0504
1
r
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_. RECEIVED ..
JUN 1 1 1993. •
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AGENDA REQUEST
C.A. NO.: 93 -103
Date: September 27, 1993
CONSENT
PUBLIC
HEARING
NEW
BUSINESS 10/4/93
RESOLUTION
UNFINISHED
BUSINESS
ORDINANCE
ITEM DESCRIPTION /SUBJECT:
Recycling Agreement
BACKGROUND:
Attached is the proposed agreement which was included within the
bid documents for the curbside residential recycling program.
RECOMMENDATION /CONCLUSION:
Contingent upon the Council's award of the recycling bid to
Southard Enterprises, Inc. as recommended by the Director of Public
Works, Staff recommends that the City Council apprgve the
agreement substantially as drafted and authorize the Mayor to
execute the document subsequent to the completion of negotiations
with Southard.
FUNDS AVAILABLE: ACCOUNT NUMBER 47534
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
DATE:
Res ectfull submitted,
1
(, �2
Krista A. Storey
City Attorney
07n
YES NO XX
AGENDA ITEM NO.
Concurrence:
George McMahon.
City Manager
Hugh D: Williams
Director of Public Works
RECYCLING AGREEMENT
THIS AGREEMENT made and entered into this day of
, 1993, by and between the CITY OF EDGEWATER,
FLORIDA, a municipal corporation, hereafter "City" and
, hereafter "Contractor ".
WHEREAS, the City desires to obtain the services of Contractor
for the provision of curbside recycling services; and
WHEREAS, Contractor desires to provide these services to the
City.
NOW, THEREFORE, in consideration of the agreements, premises,
and covenants set forth herein and other good and valuable
consideration, the parties agree as follows:
I. Scope of Services and Equipment Requirements
A. As further described below, Contractor shall furnish all
labor, tools, equipment, materials, supplies and services
except as specifically set forth herein, to collect recyclable
material, transport collected recyclable material to a
disposal location, and perform all other necessary functions
incidental to recyclable material collection and
transportation. Such activities shall be collectively
referred to as recycling services.
B. The Contractor shall provide recycling services to all single -
family and multi - family residential units within the City of
Edgewater. Upon request from the City, the Contractor shall
provide recycling services to any non - residential unit not
utilizing a dumpster service.
C. The Contractor will provide a minimum of two (2) recycling
vehicles and will hire and train an adequate number of
personnel to satisfactorily perform the program. Satisfactory
performance shall be determined by the City.
D. Contractor will provide weekly curbside collection service
for: newspapers, including all inserts; glass bottles and
jars, including clear, green and brown; aluminum cans; plastic
containers, all #1, #2 and #3 with or without labels;
corrugated cardboard; telephone books; and tin cans, with or
(agreemnt /recycling) A -1
(agreemnt /recycling) A -2
without labels. All recyclable materials placed in or near
the City supplied fourteen (14) gallon recycling containers or
any other container shall be collected. Such collection shall
``r
be made between the hours of 7:00 a.m. and 5:00 p.m. Monday
through Friday servicing each customer one (1) time per week
pursuant to the schedule depicted in Exhibit A which is
attached hereto and incorporated by reference.
E.
Contractor shall maintain an office equipped with a toll free
telephone service and sufficient personnel to receive and
handle complaints, instructions and /or directions from City
Staff and residents between the hours of 7:00 a.m. and 5:00
p.m., Mondays through Fridays, excluding approved holidays.
F.
Upon request from the City, Contractor shall commence service
on any commercial, business or professional accounts that do
it
not use a dumpster service. Service shall not be provided to
any commercial user with dumpster service.
G.
If a collection day falls on a holiday when normal refuse
collection service is not provided by the City, then the
Contractor shall provide an alternate recycling collection day
which shall coincide with the alternate day chosen by the
City.
H.
In the event that nonrecyclable materials are placed in the
recycling containers, the materials will be left in the
container with an explanatory notice. The containers will be
placed upright with the nonrecyclable materials and note
inside. All other containers will be placed upside down near
the original location, but not in a driveway or in front of a
mailbox or full garbage containers.
I.
The Contractor will be responsible for replacing recycling
containers which are damaged by the actions of his employees.
J.
The Contractor shall submit weekly reports to the Solid Waste
Supervisor in a format acceptable to the Solid Waste
Supervisor identifying the total number of units utilizing the
service and the dry weight of the following collected items:
NOW
1. aluminum cans
2. tin cans
(agreemnt /recycling) A -2
3. #1, #2 and #3 plastic containers
4. clear, brown and green glass bottles and jars
5. corrugated cardboard
6. newspapers
7. phone books
K. The City and the Contractor will share responsibility for the
promotion of the recycling program.
L. The Contractor shall be the owner of all recyclable materials
collected in the program and shall be responsible for the
lawful disposal of the collected materials.
M. The Contractor shall, upon the City's request, participate in
periodic reviews of the progress of the recycling program.
N. The Contractor shall conduct his operation so as to interfere
as little as possible with the public use of roads, walks, and
entrances to houses, and shall, at his own expense, make such
approved temporary provisions as are required to maintain at
least one (1) lane of traffic open.
0. All operations of the Contractor upon the premises of the City
shall be confined to areas authorized by the City. No
unauthorized or unwarranted entry, passage through, or storage
or disposal of materials shall be made upon the City's or
privately owned premises.
P. All equipment and vehicles utilized by the Contractor shall
comply with all applicable federal, state and local
regulations.
Q. Contractor shall provide and maintain radio communication with
all vehicles used in the performance of recycling services.
R. The Contractor shall maintain all vehicles and other equipment
in a clean and sanitary condition at all times.
S. All recyclables hauled by the Contractor over public streets
of the City of Edgewater shall be hauled in such a manner as
is necessary to prevent leakage, spillage or blowing.
T. The name of the Contractor and the Contractor's toll free
telephone number shall be prominently displayed on all
vehicles used in the performance of recycling services.
II. Term and Termination
This Agreement shall be effective from October 1, 1993,
(agreemnt /recycling) A-3
through September 30, 1998, unless terminated earlier as provided
herein. At the option of the parties, this Agreement may be
renewed for two additional two year terms, provided however, that
the Agreement may be amended to reflect the renegotiation of terms
acceptable to the parties. The term of this Agreement shall be
subject to the appropriation of sufficient funds to satisfy the
City's obligation under this Agreement in any of the City's fiscal
years subsequent to the initial year of this Agreement. The City
warrants that the necessary funds have been appropriated for the
first fiscal year and that there is currently no intent on the part
of the City to curtail the necessary funding. In the event that
sufficient funds are not appropriated in any subsequent fiscal
year, this Agreement shall terminate upon the expiration of the
fiscal year in which sufficient funds were appropriated.
All provisions of this Agreement are considered material.
Upon the failure of Contractor to comply with any of the provisions
of this Agreement within ten (10) days of written notice by the
City of such deficiencies, the City may terminate this Agreement
upon written notice to Contractor.
III. Compensation
Contractor shall on a monthly basis submit to the Public Works
Director an invoice sufficient for audit purposes specifying the
actual number of units utilizing the recycling services. Upon
submission of the required invoice, City shall make payment to
Contractor within thirty (30) days.
For recycling services rendered October 1, 1993, through
September 30, 1994, Contractor shall be compensated in the amount
of XXXXXXXXX per residential unit per month in return for the
satisfactory performance of the services specified in this
Agreement as determined by the Solid Waste Supervisor. For
recycling services rendered in fiscal years 1994 - 1995, 1995 -
1996, 1996 -1997, and 1997 - 1998, Contractor shall be entitled to
an increase in compensation equivalent to the percentage change in
the Consumer Price Index for the preceding year ending in June
(prior to the October lst start of the fiscal year) as reported for
(agreemnt /recycling) A -4
the category of Groups less than 50,000 population, all urban
consumers. The basis for such change shall be the June Consumer
Price Index released approximately July 15th (before the October
1st start of the fiscal year) by the Bureau of Labor and Statistics
Southeastern Regional Office.
IV. Independent Contractor
Contractor is and shall be an independent contractor and
operator, responsible to all parties for all of its acts or
omissions and, the City shall in no way be responsible for such acts
or omissions. Contractor shall and will indemnify and hold
harmless the City from and against any and all liability, claims,
demands, damages, expenses, fees, fines, penalties, suits,
proceedings, actions, and costs of actions, including reasonable
attorney's fees of any kind and nature arising or growing out of or
, %r
in any way connected with Contractor's provision of recycling
services to the City except as shall have been occasioned by the
sole negligence of the City.
V. Minimum Insurance Requirements
A. Prior to the commencement of recycling services, Contractor
shall procure at least the following insurance coverages with
the limits specified herein. All insurance companies
providing insurance under this Agreement shall be authorized
to conduct business in the State of Florida and shall have a
general policy holders rating of A or better and a financial
V%W rating of X or better according to the latest publication of
Best Key Rating Guide, published by AM Best, Inc.. Said
insurance shall be evidenced by delivery to the City of (1) a
certificate of insurance executed by the insurers listing
coverage and limits, expiration dates and terms of policies
and all endorsements whether or not required by the City, and
listing all carriers issuing said policies; and (2) a
certified copy of each policy, including all endorsements.
The insurance requirements shall remain in effect throughout
the term of this Agreement.
1. Workers' Compensation limits as required by law and
Employers' Liability Insurance of not less than
(agreemnt /recycling) A -5
$100,000.00 for each accident.
2. Comprehensive General Liability Insurance including, but
not limited to, Independent Contractor, Contractual,
Premises /operations, Products /Completed Operations and
Personal Injury covering the liability assumed under the
indemnification provisions of this Agreement, with limits
of liability for personal injury and /or bodily injury,
including death, of not less than $1,000,000.00 each
occurrence; and property damage of not less than
$100,000.00 each occurrence. (Combined Single Limits of
not less than $500,000.00 each occurrence, will be
acceptable unless otherwise stated). Coverage shall be
on an "occurrence" basis, and the policy shall include
Broad Form Property Damage coverage, and Fire Legal
Liability of not less than $50,000.00 per occurrence,
unless otherwise stated by exception herein.
3. Comprehensive Automobile and Truck Liability covering
owned, hired and non -owned vehicles with minimum limits
of $1,000,000.00 each occurrence, and property damage of
not less than $100,000.00 each occurrence. (Combined
Single Limits of not less than $500,000.00 each
occurrence will be acceptable unless otherwise stated).
Coverage shall be on an "occurrence" basis, such
insurance to include coverage for loading and unloading
hazards.
4. $500,000.00 combined single limits, personal injury
and /or bodily injury, including death, and property
damage liability insurance as an excess of the primary
coverage required above.
B. Each insurance policy shall include the following conditions
by endorsement to the policy:
1. Each policy shall require that at least thirty (30) days
prior to expiration, cancellation, non - renewal or any
material change in coverages or limits, a notice thereof
shall be given to the City by certified mail to: City
Attorney, P. 0. Box 100, Edgewater, Florida 32132 -0100.
Contractor shall also notify City, in a like manner,
within twenty -four (24) hours after receipt of any
notices of expiration, cancellation, non - renewal or
material change in coverage received by said Contractor
from its insurer; and nothing contained herein shall
absolve Contractor of this requirement to provide notice.
2. The City of Edgewater shall be endorsed to the required
policy or policies as an additional named insured.
VI. Performance and Payment Bond
Prior to the commencement of recycling services Contractor
shall furnish a guarantee of performance and payment in a form
acceptable to the City in the amount of twenty -five thousand and
00 /100 dollars ($25,000.00). Contractor shall maintain such
guarantee throughout the term of this Agreement.
VII. Permits and Licenses
The Contractor shall secure and pay for any permits, licenses,
(agreemn t /recycling) A-6
or any other governmental fees which may be applicable to the
services performed under the provisions of this Agreement.
VIII. Compliance
`%MW Contractor shall observe, obey, and comply with all
ordinances, laws, rules and regulations of the City, State of
Florida, and other governmental units or agencies which may be
applicable to Contractor's performance under this Agreement.
I%. Complaints and Liquidated Damages
The City shall notify the Contractor of any reported failure
to comply with the provisions of the Agreement. The Contractor
shall take whatever steps are necessary to remedy the cause of the
complaint within twenty -four (24) hours and report to the City
regarding the action taken. The City and Contractor agree that all
provisions of this Agreement are considered material and that the
City and its residents will be harmed if the recycling services are
not performed pursuant to the provisions of this Agreement. In
addition, the parties recognize the difficulties involved in
proving the actual harm suffered by the City and its residents.
Accordingly, instead of requiring any such proof, the City and
Contractor agree that the Contractor's failure to remedy the cause
of the complaint shall be considered a breach of the contract for
the purpose of computing damages under the provisions of this
section. In the alternative, at the option of the City such
failure may be grounds for termination of the Agreement pursuant to
Paragraph III. It is agreed that the City may deduct the following
amounts as liquidated damages:
(Each occurrence)
a. Failure to clean up spilled $ 50.00
recyclables.
b. Failure to maintain vehicles and $ 100.00
other equipment as provided in the
specifications.
C. Failure to collect recyclable $ 25.00
materials.
d. Failure to correct chronic $ 100.00
problems. Chronic problems shall
,err, be construed to mean 3 or more similar
instances at the same residence
(agreemnt /recycling) A -7
within a 60 day period.
e. Failure to return containers to $ 10.00
designated locations.
Liquidated damages shall be determined by the Solid Waste
Supervisor and deductions made from the following month's payment
to the Contractor. The Contractor may appeal such determination to
the Public Works Director in writing within ten (10) days after
notice. The decision by the Public Works Director is final.
R. Availability of Records
Contractor shall make available to the City upon request all
reports, records, and other pertinent information relating to the
Contractor's performance under this Agreement as may be required by
the City.
RI. Amendments
This Agreement may only be amended by a written document
signed by both parties.
%II. Entire Agreement
This Agreement embodies the whole understanding of the
parties. There are no promises, terms, conditions, or obligations
other than those contained herein, and this Agreement shall
supersede all previous communications, representations, or
agreements, either verbal or written, between the parties hereto.
%III. Notices
All notices or other communications required or permitted
under this Agreement 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 follows:
If to City: With a Copy to:
City Manager City Attorney
City of Edgewater City of Edgewater
P. 0. Box 100 P. 0. Box 100
Edgewater, FL 32132 -0100 Edgewater, FL 32132 -0100
Public Works Director and
Solid Waste Superintendent
City of Edgewater
P. 0. Box 100
Edgewater, FL 32132 -0100
(agreemnt /recycling) A -8
If to Contractor:
Name of Registered Agent and
location of entity creation
required.
XIV. Assignment
Contractor shall not assign its obligations hereunder without
the prior written consent of City.
XV. Binding Effect
All of the terms and provisions of this Agreement, whether so
expressed or not, shall be binding upon, inure to the benefit of,
and be enforceable by the parties and their respective legal
representatives, successors, and permitted assigns.
XVI. Governing Law
This Agreement shall be governed by the laws of the State of
Florida.
IT WITNESS WHEREOF, the parties have caused this Agreement to
be made and entered into the date and year first written above.
ATTEST:
Susan J. Wadsworth
City Clerk
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Jack H. Hayman, Sr.
Mayor
APPROVED FOR FORM & CORRECTNESS:
Krista A. Storey
City Attorney
WITNESSES:
(agreemnt /recycling)
A -9
Contractor
By:
�' P -
CONSENT
PUB IC
HEARING
AGENDA REQUEST
Date: Seotember 24, 1993
NEW
BUSINESS
RESOLUTION
ITEM DESCRIPTI_ONISUBJECT:
Contract Bid.
BACKGROUND: Re- bidding of
RECOMMENDATION: Consider
the Contract with an effecti
Enterprises Inc. was lowest
household.
UNFINISHED
BUSINESS XX
ORDINANCE
Curbside Residential Recycling
Contract.
awarding Southard Enterprises Inc
ve date of October 1, 1993. Southard
bid with an amount of $1.39.9 per
FUNDS AVAILABLE: ACCOUNT NUMBER: 47534
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PRESENTED BY:
PREVIOUS AGENDA ITEM:
DATE: August 16, 1993
YES X IN NO
AGENDA ITEM NO. 5. B.
Respectfully submitted,
Huoh 0. Williams
Director of Public Works
Concurrence:
George E,! McMahon
City Manager
A:HDW \RECYBID9.93
0 .if Ebot ater
POST OFFICE BOX 100
EDGEWATER, FLORIDA32032
BID TABULATION SHEET
Curbside Residential Recycling Program
SUBJECT
DATE
COMPANY
AMOUNT OF BID
Industrial Waste Service
Tomoka Recycling Inc. Z 7
Southard Enterprises Inc.
New Smyrna B eac h ._
DisposAll . Jv
Orlando �
Atlantic Waste.Management
Ormond Beach
Edgewater Public Works 3/
Edgewater
•
MEMORANDUM
DATE: September 29, 1993
TO: Mayor and Council
FROM: George E. McMahon, City Manager
SUBJECT: Discussion re: Land Development and
Regulatory Agency
Members of City Council met with the Land Development
and Regulatory Agency several months ago to discuss
policy, operations, and board membership. Recently,
*00 members of City Council have voiced new concerns and have
requested further discussion at Monday's City Council
meeting to resolve these concerns and any other issues
regarding the LDRA.
GEM:lsk
MEMORANDUM
EDGEWATER, FLORIDA
TO: City Council
FROM: Mike Hays, Councilmember
DATE: September 29, 1993
SUBJECT: Removal of Member
Pursuant to Section 14 -33 of the Code of Ordinances, I am hereby
requesting that the Council consider the removal of LDRA member
Pete Hellsten from office for cause. During the LDRA meeting of
September 22, 1993, Mr. Hellsten accused the Council of unethical
behavior in reference to the issue of variance decisions and
generally questioned the decisionmaking ability of the City Council
in regards to these matters. I believe this behavior is
unacceptable by a member of an advisory board appointed by the
Council and seriously undermines the process and the relationship
between the LDRA and the City Council. In addition, Mr. Hellsten's
comments %. Staff show a serious lack of understanding of the role
of the LDRA in relation to City staff which adversely effects the
development process.
MH /kas
on
MEMORANDUM
cm
DATE: September 29, 1993
TO: Mayor and Council
FROM: George E. McMahon, City Manager
SUBJECT: Ratification of Labor Agreements
The ratification votes by the membership of the (General)
Public Employees Association, Supervisors Public
Employees Association, and Police Benevolent Association
are scheduled between the closing date for this agenda
and the meeting on Monday evening.
Results of the votes will be transmitted to you at the
meeting and, based on those results, I may ask that you
accept the contracts.
lsk
TEL: Oct 01 '93
COASTAL FLORIDA POLICE BENEVOLENT
00... Y
730 S. Atlantic Ave.
Suite 204
Ormond Beach, Florida 32176
(904) 672 -7940
Mr. George E. McMahon, City Manager
Post Office Box 100
Edgewater, Florida 32132 -0100
Dear Mr. McMahon;
9:39 No .001 P.011 6
ASSOCIATION
RECEIVED
OCT I -19M
C41 Y !V!h► , A ER
October 1,1993
The members of the Edgewater Police Department who are covered by
the collective bargaining agreement, in order to communicate to the
City our attempt at corporation have ratified the Collective
Bargaining Agreement for the fiscal y€ 1 6993 - 1994. The vote was
unanimous.
We trust this ratification notice will rriee -- with your approval.
S cerel
n i1
J ck E. Davenpo
xecutive Director
Coastal Florida PHA
The Voice of Law Enforcement in Central Florida
DATE: October 1, 1993
TO: Mayor and Council
FROM: George E. McMahon, City Manager
SUBJECT: Decertification /Modification of Bargaining
Unit Positions
Please be advised of the attached responses from the
business agent for the PBA and PEA regarding the City's
request to exclude specific positions from the designated
bargaining units. Please note that there was no
objection to the exclusion of the Police Lieutenants.
The business agent, however, objects to all positions
requested to be removed from the PEA bargaining unit with
the exclusion of the Personnel Administrator, which they
consider to be managerial in nature.
This is provided for your information and no further
action is necessary at this time. We will advise you as
we progress with the changes that we are recommending to
PERC.
cc: Krista A. Storey, City Attorney
Statement and Protest
for PERC Case Number UC -93 -028
Unit Clarification or Modification of Petition
September 23, 1993
The Volusia County Public Employees Association in
accordance with Florida Administrative Code Rule
38 -D- 17.020 does hereby submit the following
Statement in protest of the City of Edgewater's
claim that the following employees are managerial
or confidential .
A. In Exhibit "A" submitted by the City of Edgewater,
(Employees included in the Bargaining Unit), The
Administrative Clerk and Administrative Secretary
in the Association's opinion have not changed. Only
the current classification titles have changed. The
jobs performed are still the same
The legal questions to be presented for resolution
are the fact that in the Association's opinion
these are not confidential positions, only normnal
duties of an Administrative Secretary which is
included in the orginial petition granted by PERC.
The Associaiton will conclude that the position of
Personnel Administrator is the only position of the
list submitted that we feel is of a Managerial
nature.
1
If a hearing becomes necessary to determine if the f
nine employees submitted in Exhibit "B" by the City
of Edgewater, should remain included under the
current petition the Associaiton is prepared to
call forth witinesses to support their position and
the Legal Authority to be relied upon for the
Volusia County Public Employees Associaiton
Association will be the Executive Director Jack E.
Davenport.
I HEREBY CERTIFY that at true and correct copy of the
foregoing has been mailed to the City of Edgewater
Mr.George McMahon City Manager , 104 North
Riverside Drive Edg water Florida 32132
this O 5— l day of 1993.
I
ack E. Davenp ,
E cutive Director and
B siness Agent for the
Volusias County Public
Employees Association
730 South Atlantic Ave.
Ormond Beach, Florida 32176
g%HIBIT "A"
INCLUDED All full -time and regular part -time non professional
employees working twenty hours per week or more of the
City of Edgewater, including the classifications of
Deputy City Clerk, Administrative Clerk, a�ggj ni grE
Greta Payroll Insurance Clerk, Data Processing
Coordinator, Accounts Payable/ Inventory Clerk, Planning
Assistant, Truck Driver, Equipment Operator, Backhoe
Operator, Tractor Operator, Transport Operator,
Vehicle Maintenance, Laborer, Carpenter, Equipment
Operator - Laborer, W/P Operator, Meter Reader, W/P
Operator Trainee, Operator, W/W Trainee, Truck Operator,
Helper.
EXCLUDED All professional employees, confidential employees,
managerial employees, supervisory employees, determined
to have a. conflict of interest with unit employees,
C.C. Custodian, C.H. Custodian, all classifications
included in the Police Department bargaining unit, and
all other employee classifications of the City of
Edgewater. _
WX IT •A•
CITY OF EDGEWATHR
UNIT CLARIFICATION OR MODIFICATION PETITION
Exhibit "B^
Personnel Administrator - Debra Sigler
Safety Director /Risk Manager - Charlene Runge
Utilities Staff Asst., Utilities /Field Operations - Brenda Johnson
Staff Asst., Public Works - Tyna Hilton and Renee Vecchi
Staff Asst., Planning - Sandra Pengor
Staff Asst., Community Development - Elizabeth McBride
Staff Asst., Fire and Rescue - Lisa Warren
Staff Asst., City Clerk - Lisa Cruckmeyer
Staff Ass., Recreation - Barbara Kowell
SHIT °B"
L� y
1 ��k
RCzl
SEP 3 �
1 993
Statement and Protest
for PERC Case Number UC -93 -029
Unit Clarification or Modification of Petition
September 23, 1993
The Coastal Florida Police Benevolent Association in
accordance with Florida Administrative Code Rule
38 -D- 17.020 does hereby submit the following
Statement in answer of the City of Edgewater's
claim that the following employees are managerial
or confidential .
WJER
A. In Exhibit " A " submitted by the City of Edgewater,
(Employees included in the Bargaining Unit), The
Lieutenants were included in the orginial petition,
but the Associaiton does not have any objection to
the two (2) Lieutenants being taken out as they are
now both holding Administrative positions.
I HEREBY CERTIFY that at true and correct copy of the
foregoing has been mailed to Mr.George McMahon,
City Manager ,City of Edgewater,104 North Riverside
Drive Edgewater Florida 32132
this � day of �x 1993
v
ack E. Daven o t,
ecutive Director a d
usiness Agent for the
Coastal Florida Police
Benevolent Association
730 South Atlantic Ave.
Ormond Beach, Florida 32176
/ i •
ti. .
and Regulations. Pursuant to Fla. Stat. §447.307(1), (1975) and
Section 811 -2.09 of the Commission Rules And Regulations, the Commission
hereby CERTIFIES that the Volusia County Police Benevolent Associa-
tion the Organization is the exclusive representative for the purposes
of collective bargaining for the employees in the unit described
below.
INCLUDED: Police Department Personnel of the job titles:
Patrolmen, Lieutenant, Detective and Dispatcher.
EXCLUDED: All other employees of the City of Edgewater. �.
Certification number 228 is hereby ISSUED to the Organization.
ORDERED this 8th day of April, 1976, in Orlando, Florida.
ISSUED this . day of May, 1976, in Tallahassee, Florida.
0
For and By the Direction of the
Public Employees Relations Commission
ale
I-Aut
CURTIS L. MACK ,
CH AT MIAPI
INTER - OFFICE MEMORANDUM
EDGEWATER, FLORIDA
TO: City Council
FROM: Krista A. Storey, City Attorneyl
C.A. NO.: 93 -105
DATE: October 4, 1993
SUBJECT: Amendments for PEA, SPEA & PBA Agreements
Pursuant to ratification by all three Bargaining Units,
attached are Amendments to the PEA, SPEA and PBA Agreements for
your consideration.
Attachments
Copy to: City Manager
City Clerk
AMENDMENT TO PEA AGREEMENT
THIS AMENDMENT TO AGREEMENT made this day of October,
1993, by and between the CITY OF EDGEWATER, FLORIDA, a municipal
corporation (hereafter "City ") and VOLUSIA COUNTY PUBLIC EMPLOYEES
ASSOCIATION, INC., (hereafter "PEA ").
WITNESSETH, that the parties hereto have agreed to amend that
certain Agreement between the parties dated June 22, 1993, such
that:
I. Article 21 - Hours of Work and Overtime is hereby amended as
follows:
B. Employees shall be compensated at the rate of time and
one -half the employee's regular straight time rate or compensatory
time off at a rate of one and one -half hours for each hour worked
in excess of forty (40) during a week, as determined upon agreement
between the employee and Department Head prior to the hours being
worked. Sick leave shall not be considered hours worked.
II. Article 22 - Holidays and Personal Days is hereby amended as
follows:
Effective October 1, 1993, each employee shall be entitled to
two (2) personal days with pay per year which must be taken within
that anniversary year. Employees shall not receive pay in lieu
thereof. Personal days shall be scheduled with the approval of the
Department Head.
III. Article 23 - Sick Leave is hereby amended as follows:
D. An employee who calls in without the prior approval of
the Department Head to report he will not be at work that day
cannot charge it as a day of vacation or a personal day unless he
has no sick leave accumulated.
IV. Article 24 - Vacation is hereby amended as follows:
B. A minimum of one -half of the accrued vacation leave must
be taken within any given anniversary period. The remaining
vacation leave may be carried into the following work year. In
lieu of taking vacation leave, compensation may be received
annually in an amount equal to eight (8) hours for each two (2)
(Unions /PEA93.amend)
October 4, 1993 1
r __..
years of service with the City, not to exceed forty -eight (48)
hours. To accommodate manpower requirements, additional vacation
leave may be carried over into the new anniversary period with the
approval of the Department Head and the DCR.
V. Article 26 - Uniform, Clothing and Equipment is hereby amended
as follows:
The City will provide five ( 5 ) shirts, five ( 5 ) pairs of pants
or shorts and one (1) pair of safety shoes per year to all members
of the Bargaining Unit in the following positions: Code
Enforcement Officer, Safety Director /Risk Manager, Service Worker,
Tradesworker, Building Inspector, Mechanic, Mechanic Helper, Meter
Reader, Utilities Worker, Wastewater Plant Operator, Water Plant
Operator, and Utilities System Technician. The cost to the City
for safety shoes shall not exceed sixty -five ($65.00) dollars per
pair. Safety shoes may be work shoes, with or without steel toes.
If the City determines that steel toes are required, on a case by
case basis, that will be indicated. The City will furnish gloves
to employees who handle chemicals, wastewater, or garbage.
Employees will sign for gloves when issued. When uniform
replacement due to normal wear and tear is requested by the
employee, the shirt, pants and /or shorts will be inspected by
Department Head. At the discretion of the Department Head, the
uniform, not including the patches, will become the property of the
employee.
VI. Article 33 - Wages is hereby amended as follows:
For fiscal year 1993 - 1994, the pay- for - performance plan
shall be funded in an amount equal to five (5) percent of the
cumulative annual salaries for all employees. This Article shall
not be construed to guarantee an individual employee a five (5)
percent wage adjustment. Wage adjustments for individual employees
shall be determined by their performance evaluation and
accordingly, some employees will receive more than five (5) percent
while others will receive five (5) percent or less.
(Unions /PEA93.amend)
October 4, 1993 2
The effective date of this Amendment to the PEA Agreement is
October 1, 1993.
In all other respects, the terms and conditions of that
certain Agreement executed on June 22, 1993, shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment
to the Agreement on the dates set forth below.
ATTEST:
Susan J. Wadsworth
City Clerk
ATTEST:
(Unions /PEA93.amend)
October 4, 1993
3
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Jack H. Hayman, Sr.
Mayor
Dated:
APPROVED FOR FORM & CORRECTNESS:
Krista A. Storey
City Attorney
VOLUSIA COUNTY PUBLIC
EMPLOYEES ASSOCIATION, INC.
By:
E. M. Halligan
President
Dated:
.4#6
AMENDMENT TO SPEA AGREEMENT
THIS AMENDMENT TO AGREEMENT made this day of October,
1993, by and between the CITY OF EDGEWATER, FLORIDA, a municipal
corporation (hereafter "City ") and VOLUSIA COUNTY PUBLIC EMPLOYEES
ASSOCIATION, INC., (hereafter "SPEA ").
WITNESSETH, that the parties hereto have agreed to amend that
certain Agreement between the parties dated October 29, 1993, such
that:
I. Article 20 - Hours of Work and Overtime is hereby amended as
follows:
B. Non - exempt employees shall be compensated at the rate of
time and one -half the employee's regular straight time rate or
compensatory time off at a rate of one and one -half hours for each
hour worked in excess of forty (40) during a week, as determined
upon agreement between the employee and Department Head prior to
the hours being worked. Sick leave shall not be considered hours
worked.
C. If any non - exempt employee covered by this Agreement is
called back to work outside his scheduled working hours, he shall
receive a minimum of two (2) hours pay at the rate of time and one -
half his regular straight time rate. The two (2) hour minimum
shall not apply to work scheduled outside of regular working hours
for which the employee has advance notice, but is intended to
compensate employees who are unexpectedly called back to work.
G. Any non - exempt employee who, in the exercise of his
official, duties, is ordered or required by the City to appear
before any person or agency on his regular day off shall receive a
minimum of two (2) hours pay at the rate of time and one -half his
regular rate.
II. Article 21 - Holidays and Personal Days are hereby amended as
follows:
Effective October 1, 1993, each employee shall be entitled to
two (2) personal days with pay per year which must be
taken within that Anniversary year. Employees shall not receive
(Unions /SPEA93.amend)
October 4, 1993 1
pay in lieu thereof. Personal days shall be scheduled with the
approval of the Department Head.
III. Article 22 - Sick Leave is hereby amended as follows:
B. Upon termination of employment, except for the commission
of a criminal act as determined by the DCR, an employee is entitled
to a lump sum payment for any unused portion of accrued sick leave.
In the event of death, an employee's beneficiary shall be entitled
to a lump sum payment for any unused portion of accrued sick leave.
The payment shall be determined by using the rate of pay received
by the employee at the time of termination.
D. An employee who calls in without the prior approval of
the Department Head to report he will not be at work that day
cannot charge it as a day of vacation or a personal day unless he
has no sick leave accumulated.
IV. Article 23 - Vacation is hereby amended as follows:
B. A minimum of one -half of the accrued vacation leave must
be taken within any given anniversary period. The remaining
portion of accrued vacation leave may be carried into the following
work year. In lieu of taking vacation leave, compensation may be
received annually in an amount equal to eight (8) hours for each
two (2) years of service with the City, not to exceed forty -eight
(48) hours. To accommodate manpower requirements, additional
vacation leave may be carried over into the next anniversary period
with the approval. of the Department Head and the DCR.
C. Upon termination of employment, except for the commission
of a criminal act as determined by the DCR, an employee is entitled
to a lump sum payment for any unused portion of accrued vacation
leave. The payment shall be determined by using the rate of pay
received by the employee at the time of termination.
V. Article 25 - Uniform, Clothing and Equipment is hereby amended
as follows:
The City will provide five (5) shirts and five (5) pairs of
pants or shorts to all full time non - clerical employees. The City
agrees to pay for one pair of safety shoes per year for non-
(Unions /SPEA93.amend)
October 4, 1993 2
clerical employees. The cost to the City shall not exceed sixty -
five ($65.00) dollars per pair.
VI. Article 32 - Wages is hereby amended as follows:
For fiscal year 1993 - 1994, the pay -for- performance plan
shall be funded in an amount equal to five (5) percent of the
cumulative annual salaries for all employees. This Article shall
not be construed to guarantee an individual employee a five (5)
percent wage adjustment. Wage adjustments for individual employees
shall be determined by their performance evaluation and
accordingly, some employees will receive more than five (5) percent
while others will receive five (5) percent or less.
The effective date of this Amendment to the SPEA Agreement is
October 1, 1993.
In all other respects, the terms and conditions of that
certain Agreement executed on October 29, 1992, shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment
to the Agreement on the dates set forth below.
ATTEST:
Susan J. Wadsworth
City Clerk
ATTEST:
(Unions /SPEA93.amend)
October 4, 1993
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Jack H. Hayman, Sr.
Mayor
Dated:
APPROVED FOR FORM & CORRECTNESS:
Rrista A. Storey
City Attorney
VOLUSIA COUNTY PUBLIC
EMPLOYEES ASSOCIATION, INC.
By:
E. M. Halligan
President
Dated:
C
r -.
AMENDMENT TO PBA AGREEMENT
THIS AMENDMENT TO AGREEMENT made this day of October,
1993, by and between the CITY OF EDGEWATER, FLORIDA, a municipal
corporation (hereafter "City ") and COASTAL FLORIDA POLICE
BENEVOLENT ASSOCIATION (hereafter "PBA ").
WITNESSETH, that the parties hereto have agreed to amend that
certain Agreement between the parties dated June 22, 1993, such
that:
I. Article 13 - Sick Leave is hereby amended as follows:
F. An employee who calls in without the prior approval of
the Police Chief to report he will not be at work that day cannot
charge it as a day of vacation or a personal day unless he has no
sick leave accumulated.
II. Article 14 - Vacation is hereby amended as follows:
B. A minimum of one -half of accrued vacation leave must be
taken within any given anniversary period. The remaining portion
of accrued vacation leave may be carried into the following work
year. In lieu of taking vacation leave, compensation may be
received annually in an amount equal to one (1) day's pay for each
two (2) years of service with the City, not to exceed six (6) days
annually. To accommodate manpower requirements, additional
vacation leave may be carried over into the new anniversary period
with the approval of the Police Chief and the DCR.
III. Article 15 -- Holidays and Personal Days is hereby amended as
follows:
The City will recognize the following as paid holidays:
New Years
Martin Luther King's Birthday
President's Day
Good Friday
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Day
(Unions \PBA93.AMEND)
October 4, 1993 1
Effective October 1, 1993, each employee shall be entitled to
two (2) personal days with pay per year which must be taken within
that year. Employees shall not receive pay in lieu thereof.
Personal days shall be scheduled with the approval of the Police
Chief.
IV. Article 21 - Hours of Work and Overtime is hereby amended as
follows:
B: Non - exempt employees, shall be compensated at the rate of
time and one -half the employee's regular straight time rate or
compensatory time off at a rate of one and one -half hours for each
hour worked in excess of forty ( 40 ) or forty -two ( 42 ) during a week
as determined upon agreement between the employee and Department
Head prior to the hours being worked. Sick leave shall not be
considered hours worked.
C. If a non - exempt employee covered by this Agreement is
called back to work outside his scheduled working hours, he shall
receive a minimum of three (3) hours pay at the rate of time and
one -half his regular straight time rate. This section shall not
apply to work scheduled outside of regular working hours for which
the employee has advance notice, but is intended to compensate
employees who are unexpectedly called back to work. However, this
section shall apply to required off duty appearances such as a
subpoenaed witness in the Federal, Circuit, or County Courts on
pending criminal, civil, or traffic cases where the employee is
involved as a witness in his official capacity or as the arresting
officer and /or investigating officer.
E. The Police Department will maintain a list of those non-
exempt employees volunteering for overtime. Employees who
volunteer shall be given first opportunity for available overtime.
If the overtime requirement cannot be filled from the overtime
list, an assignment for overtime can be made. To the extent
possible overtime in any division shall be worked by members of the
same division: patrol for patrol, telecommunicator for
telecommunicator, supervisor for supervisor. A Corporal shall be
(Unions \PBA93.AMEND)
October 4, 1993 2
utilized to serve as a Sergeant.
H. Department meetings will be held on officers duty time,
if possible, for the purpose of conveying policy changes and
operating procedures or the discussion of anything pertaining to
the operation of the Edgewater Police Department. If meetings are
held during a non - exempt officer's off -duty hours, she shall
receive a minimum of two (2) hours pay at the rate of time and one
half her regular straight time rate.
V. Article 31 - Wages is hereby amended as follows:
For fiscal year 1993 - 1994, the pay - for - performance plan
shall be funded in an amount equal to five (5) percent of the
cumulative annual salaries for all employees. This Article shall
not be construed to guarantee an individual employee a five (5)
percent wage adjustment. Wage adjustments for individual employees
shall be determined by their performance evaluation and
accordingly, some employees will receive more than five (5) percent
while others will receive five (5) percent or less.
The effective date of this Amendment to the PBA Agreement is
October 1, 1993.
In all other respects, the terms and conditions of that
certain Agreement executed on June 22, 1993, shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment
to the Agreement on the dates set forth below.
(Unions \PBA93.AMEND)
October 4, 1993 3
ATTEST:
Susan J. Wadsworth
City Clerk
ATTEST:
(Unions \PBA93.AMEND)
October 4, 1993
4
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Jack H. Hayman, Sr.
Mayor
Dated:
APPROVED FOR FORM & CORRECTNESS:
Rrista A. Storey
City Attorney
COASTAL FLORIDA POLICE
BENEVOLENT ASSOCIATION
By:
E. M. Halligan
President
Dated:
AN
Approved by oM.
Fisn.l coen.nioNae Conrnimm" : C 3 066455 0
warhigtow. a. c 20s34 E'e'w os/sysi
C 328 For FCC Use Only
CERTIFICATION OF FRANCHISING AUT RI TY TO RE C LATE BASIC CABLE SERVICE RATES
AND INITIAL FINDING OF LACK OF EFFECTIVE COMPETITION
Name of Franchising Authority
City of Edgewater
Mailing Address
P 0 BOX 100 104 N. Riverside Drive
Cty
State
ZIP Code
Edgewater
FL
32132 -0100
Telephone No. (include area code):
904- 424 -2404
Person to contact with respect to this form:
George E. McMahon, City Manager
2. a. Name (s) and address(es) of able system(s) and associated FCC community
unit identifiers within your jurisdiction. (Attach additional sheets if necessary.)
Cable System's Name
Cablevision Industries -•
Mailing Address
1655 State Road 472
Cry
State
ZIP Code
DeLand
FL
32723 -6001
Cable System's FCC Community Unit Identifier.
FL 0118 006794
Calve System's Name
Maiing Address
City State ZIP Code
Cable System's FCC Community Unit Identifier.
2. b. Name (s) of system(s) and associated community unit identifier(s) you
claim are subject to regulation and with respect to which you are filing this
certification. (Attach additional sheets if necessary.)
Name of System Community Unit
Cablevision Industries Identifier
IFL 0118 006794
Nam of System Community Unit
Identifier
2. c. Have you served a copy of this form on ail parties r- 1 Y. 0 N
listed in 21.?
3. Will your franchising authority adopt
(within 120 days of certification) and ®Yes ❑No
administer regulations with respect to
basic cable service that are consistent
with the regulations adopted by the FCC
pursuant to 47 U.S.C. Section 543(b)?
4. With,Irespect to the franchising authority's regulations referred
tofv�uestion 3,
XQYes No
a. Doe4 . your franchising authority have
the legal authority to adopt therm'
TYes No
� b.
Does your franchising authority have
the personnel to administer them?
aYes No
S. Do the procedural laws and regulations
applicable to rate regulation proceedings
by your franchising authority provide a
reasonable opportunity for consideration
of the views of interested parties I
Yes F7 No
6. The Commission presumes that the able
syster(s) listed in 2.b. is (are) not subject
to effective competition. Based on the
definition blow, do you have reason to
believe that this presumption is correct?
(Effective competition means that (a) fewer than 30 percent of the
households in the franchise area subscribe to the cable service of a
cable system; (b) the franchise area is 0) served by at least two
unaffiliated multichannel video programming distributors each of
which offers comparable video programming to at least 50 percent
of the households in the franchise area; and (il the number of
households subscribing to programming services offered by
multichannel video programming distributors other than the largest
multichannel video programming distributor exceeds 15 percent of
the households in the franchise area; or (c) a multichannel video
programming distributor operated by the franchising authority for
that franchises area offers video programming to at least 50 percent
of the households in that franchise area.)
Signature
Tie City Manager
Date September 29 1993
WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE
PUNISHABLE BY FINE AND /OR IMPRISONMENT (US. CODE
TITLE 18, SECTION 1001).
Return the original and one copy of this certification form (as
indicated in Instructions), along with any attachments, to:
Federal Communications Commission
Attm Cable Franchising Authority Certification
Federal Communications Commission
Waelsingtan, D.C. 20554
INSTRUCTIONS FOR FCC 328
FRANCHISING AUTHORITY CERTIFICATION
The Cable Television Consumer Protection and Competition Act,
enacted in October 1992, changes the manner in which cable
television systems that are not subject to effective competition are
regulated. In general, rates for the basic service d r (the tier required
as a condition of access to all other video services and containing,
among other services, local broadcast station signals and public,
educational, and public access channels) and associated equipment
will be subject to regulation by local or state governments
("franchising authorities'). Rates for cable programming services and
associated equipment (all services except basic and pay channels) will
be subject to regulption by the FCC Rates for pzy channels
(channels for which there is a specific per -channel or pt,- program
charge) are not regulated.
2. Only cable systems that are not s. . to effective competition, may
be regulated. Effective competition means that (a) fewer than 30
percent of the households in the franchise area subscribe to the cable
service or a cable system; (b) the franchise area is W served by at least
two unaffiliated multichannel video programming distributors each of
which offers comparable video programming to at least 50 percent of
the households in the franchise area; and (ii) the number of
households subscribing to programming services offered by
multichannel video programming distributors other than the largest
multichannel video programming distributor exceeds 15 percent of
the households in the franchise area; or (c) a multichannel video
programming distributor operated by the franchising authority for that
franchise area offers video programming to at least 50 percent of the
households in that franchise area.
3. In order to regulate basic service tier rates, a franchising authority
must be certified by the FCC In order to be certified, a franchising
authority must complete this form. An originai and one copy of the
completed form and all attachments must be returned to the FCC
by registered mail, return receipt requested, to the FCC at the
address on the form.
a. A copy of the form must be served on the cable operator by first -class
mail on or before the date the form is sent or delivered to the FCC
S. The franchising authority's certification will become effective 10 days
after the date stamped on the postal remm receipt unless otherwise
notified by if9e Commission by that date. The franchising authority
cannot begin to regulate rates, however, until it has actually adopted
the required regulations (see below) al3li until it has notified the cable
operator that it has been certified and that it has adopted the required
regulations.
6. In order to be certified, franchising authorities must answer "yes" to
Questions 3, 4, and 5, which are explained as follows:
Question 3: The franchising authority must adopt rate regulations
consistent with the Commission's regulations for basic cable service.
To fulfill this requirement for certification, the franchising authority
may simply adopt a regulation indicating that it will follow the
regulations established by the FCC
The franchising authority has 120 days to adopt these regulations
after the time it is certified. The franchising authority may not,
however, begin to regulate cable rates until after it has adopted these
regulations and until it has notified the cable operator that it has been
certified and has adopted the required regulations.
Approved by OMB
3060-0550
Excites 05/31196
Question 4(b): The franchising authority must have a sufficient
number of personnel to undertake rate regulation.
A franchise authority unable to answer "yes" to questions a(a) or 4(b)
may wish to review the FCC's Report and Order in Docket 92 -266,
FCC 93 -177 (released May 3, 1993) for further information on the
establishment of alternative federal regulatory procedures.
9. Question 5: Franchising authorities must have procedural regulations
allowing for public participation in rate regulation proceedings. If a
franchising authority does not have these regulations already in place,
it must adopt them within 120 days of certification and before it may
undertake rate regulation.
10. Question 6: Most cable systems are I131Y subject to effective
competition, as defined by the Cablo Act. (The dennition is includes
above and on the forth.) The franchising authority may rimes urnfl that
the cable system in its jurisdiction is not subject to effective
competition.
For purposes of applying the definition of effective competition (see
Item 2 above), "multichannel video programming distributors" include
a cable operator, a multichannel multipoint distribution service, a
direct broadcast satellite service, a television receive -only satellite
program distributor, a video dialtone service, and a satellite master
antenna television system. A multichannel video programming
distributor's services will be deemed "offered" when they are both
technically and actually available. Service is "technically available'
when the multichannel distributor is physically able to deliver the
service to a household wishing to subscribe, with only minimal
additional investment by the distributor. A service is "actually
available" if subscribers in the franchise area are reasonably aware
through marketing efforts that the service is available. Subscribership
of those multichannel video programming distributors offering service
to at least 50 percent of the households in a franchise area will be
aggregated to determine whether at least 15 percent of the
households in the franchise area are served by competitors. A
multichannel video programming distributor must offer at least 12
channels of programming, at least one channel of which is
nonbroadcast, to be found to offer "comparable" video programming.
11. This certification form must be signed by a government official with
authority to act on behalf of the franchising n-jthority.
FCc NOTICE To INDIVIDUALS REQUIRED EY THE PRIVACY ACT AND THE PAPERWORK
REDUCTION ACT
The sdieitatwn of oanonal inlonsu than in this form is aumonzeii by the Cormmni moons Act of
1934, as amended. The Ctammissnon well use the information provided in this form to determine
it the fruKhke author" should be authonzed to regulate cable rats 1- trad!ins 1 0 139
dese manan, or for law entorcernism purooaee, it may become neees"" to refer pose"
infomwion catmained in this form to another govemmem agency. All information provided in this
form will be available for public inspection. Your response is required to obtain the requessed
aWromy.
Public teporting burden for this collection of information is estimated to average 30 mirnmes,
including the time for reriewinq instruction% searching existing data sources, gathering and
maniaihng the dam needed. and comotetmg and reviewing the collection cl infurmanon. send
commertei regsnding the burden essinaa or any amiss aspect of this collection of iniarmation,
indudingsU pitionsf aheduci" thebunlen, tothefederalCommuniotionsCommhssran ,Records
Menagwnwht Oiviston, AMOPIRS. washinyon. 0. C- 20554, and to the Ohio of Manegwrtenr
and Budget. Paperwork Reduction Proleu (30604550). Washington. O. G 20503.
TM FOREGOING NOTICE IS REQWRED BY THE PRIVACY ACT OF 1974. P.L. 93.579,
8. Question 4(a): The franchising authority's "regal authority' to regulate OECEMRER 31, 1975. S U.S.C. 522aileN3) AND THE PAPERWORK REDUCTION ACT OF 19M
basic service must come from state law. In some t area. only th e P.L. %411, DECLUM 11, 19"."USC. 3507.
state vovemment may retrul to mble rarm- In those states, the state
government should file this certification. Provisions in franchise
agreements that prohibit rate regulation are yam, and do not prevent
a franchising authority from regulating the basic service tier and
associated equipment.