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11-15-1999 Voting Order Councilman Gomto CounclmanHarnmond Councilman Roberts Councilwoman Lichter Mayor Allman AGENDA CITY COUNCIL OF EDGEWATER REGULAR MEETING November 15, 1999 7:00 p.m. COMMUNITY CENTER 1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE 2. APPROVAL OF MINUTE A. Regular Meeting of September 13, 1999 B. Regular Meeting of September 27, 1999 C. Regular Meeting of October 4, 1999 D. Special Meeting of October 6, 1999 E. Regular Meeting of October 18, 1999 F. Special Meeting October 25, 1999 G. Special Meeting of November 3, 1999 3. OUTGOING COUNCIL COMMENTS 4. ADJOURN SINE DIE Voting Order Mayor Schmidt Councilman Brown Councilman Vincenzi CoundlwomanRhodes Councilwoman Lichter 1. SWEARING IN OF NEW COUNCIL 2. CALL TO ORDER, ROLL CALL 3. INCOMING COUNCIL COMMENTS 4. APPROVAL OF MINUTES (None) 5. PRESENTATIONS /PROCLAMATIONS/PLAQUES 6. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (This is the time for the public to come forward with any comments they may have on any agenda items other than public hearings. Please state your name and address, and please limit your comments to five minutes or less.) 7. CITY COUNCIL REPORTS 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Res. No. 99 -R -18, Recommending approval of variance from shoreline buffer at 129 Palm Breeze Drive, and variance from impervious surface requirements. B. Res. No. 99 -R -19, recommending amending Resolution 92 -R -23, Personnel Policy and Procedure Manual, and adopting new resolution to coincide with the employee union agreements. Public Hearing, Ord. No. 99 -0 -24, recommending approval to change the zoning classification from R -3, Single Family Residential to B -3, Highway Commercial for property located east of the southeast corner of US 1 and Lamont Street'. City Council of Edgewater Agenda - November 15, 1999 Page -2- 9. CONSENT AGENDA Items on the consent agenda are defined as routine in nature that do not warrant detailed discussion or individual action by the Council; therefore, all items remaining on the consent agenda shall be approved and adopted by a single motion, second and vote by the City Council. 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 Council member. A. Vehicle Purchase - Police Department recommending approval to purchase three (3) Ford Crown Victoria vehicles from Don Reid Ford for $58,539. B. Vehicle Purchase - Environmental Services Department requesting approval to purchase a 4 X 4 Compact Pickup Truck from Garber Chevrolet -Geo, Inc. for $15,441.00. C. Equipment Purchase - Police Department requesting approval to purchase a radio console from Communication International for $23,052.75. D. Project Graduation 2000 - Requesting donation of $500. RECESS WORK SESSION - Discussion concerning status of various City projects /functions: (1) City Budget/Financial Status. (2) F.I.N.D. Project. (3) Current Development/Annexation Negotiations. (4) City Recreation Complex/YMCA. (5) Code Enforcement Policies/Procedures. • 10. CALL TO ORDER 11. OTHER BUSINESS A. Council Appointment of Vice Mayor. B. Requesting approval of Air Park Road/Park Avenue Wastewater Collection Improvements/Water Main Extension engineering proposal from Quentin L. Hampton Associates, Inc. for $97,400.00. C. Discussion of Contract for City Attorney. D. Discussion of Contract for City Manager. 12. OFFICER REPORTS A. City Clerk B. City Attorney C. City Manager 13. GENERAL CITIZEN COMMENTS /CORRESPONDENCE 14. ADJOURN. Note: All items for inclusion on the December 6, 1999, agenda must be received by the City Manager's office no later than 4:30 p.m. Monday, November 29, 1999. Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to insure that a verbatim record of the proceedings is made. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact City Clerk Susan Wadsworth, 904 - 424 -2407, prior to the meeting. :ejm c:\agendas\ag111599.reg AGENDA REQUEST Date: October 25, 1999 Now PUBLIC HEARING RESOLUTION X ORDINANCE CONSENT AGENDA OTHER BUSINESS CORRESPOND. ITEM DESCRIPTION /SUBJECT Request to grant: 1. A variance from the shoreline buffer at 129 Palm Breeze Dr. (Section 9.5 -57 (18) (b);and 2. A variance from impervious surface requirements (Section 9.5- 57 (18) (d). BACKGROUND A variance is sought by owners, Stuart and LiAnn Winkler to construct a swimming pool in * the rear yard and within 20 feet of the existing seawall. Section 9.5 provides setbacks and limits impervious surface coverages for the purpose of protecting the Indian River from direct stormwater discharge. The proposed pool would encroach into the shoreline protection buffer and exceed the 30% threshold within 100 feet of the mean high water line. The Council may grant variances to this section after recommendation from the City Engineer. Mr. Hans Wolfer's report is attached for your consideration. RECOMMENDATION /CONCLUSION The City's Engineer recommends approval. FINANCIAL IMPACT none FUNDS AVAILABLE n/a PREVIOUS AGENDA ITEM no Respectfully Submitted: Concurrence: Now C Lynne Plaskett, Ken Hooper,\ ti ) r _ � Ni 1 Clayton ten, Planning Director City Manager City Attorney RESOLUTION NO. 99 -R -18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, GRANTING A VARIANCE FROM Noisy THE SHORELINE BUFFER AND IMPERVIOUS SURFACE REQUIREMENTS OF THE FLOOD CONTROL AND DRAINAGE CHAPTER OF THE CODE OF ORDINANCES FOR THE LOCATION AT 129 PALM BREEZE DRIVE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Edgewater, Florida has made the following determinations: 1. Pursuant to Section 9.5 -64 of the Code of Ordinances, Stuart and LiAnn Winkler applied for a variance from the shoreline buffer and impervious surface requirements of the Flood Control and Drainage Chapter of the Code of Ordinances to allow construction of a swimming pool `„r„ (15 x 30 foot) including a concrete deck (40 x 35 foot) at 129 Palm Breeze Drive which is located on the Intracoastal Waterway. 2. The recommendations of the City Engineer have been considered as well as the effect on the water resources of Edgewater. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater, Florida: Section 1. The request of Stuart and LiAnn Winkler for a variance to construct a swimming N '' pool behind their home at 129 Palm Breeze Drive is hereby granted subject to the following conditions: 99 -R -18 1 a) the concrete deck must be constructed a minimum of 10 feet from the south property line as per Section 7 -324 of the Code of Ordinances or 5 feet from any easement line. b) The concrete deck must be constructed 20 feet from the existing concrete bulkhead. This will allow for a standard exfiltration trench to be constructed along the east end of the swimming pool to accommodate the trapping of any stormwater runoff from entering the Indian River. The stormwater runoff is not allowed to directly enter the Indian River. The exfiltration system must be designed by a Registered Professional Engineer. 'k.. c) A proposed construction plan for the swimming pool must be submitted for review to the City indicating construction details, elevation and required information. d) No construction may be initiated until final approval and permitting is completed by the City. Section 2. All resolutions or parts of resolution in conflict herewith be and the same are hereby repealed. Section 3. This resolution shall take effect upon adoption. 99 -R -18 2 %10' After Motion by and Second by , the vote on this resolution is as follows: Mayor Randy G. Allman XXX Councilman Jim Gornto XXX Councilman Myron F. Hammond XXX Councilman Gary W. Roberts XXX Councilwoman Judy Lichter XXX PASSED AND DULY ADOPTED this day of November, 1999. lioar ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Susan J. Wadsworth Randy G. Allman City Clerk Mayor APPROVED FOR FORM AND CORRECTNESS: law Nikki Clayton City Attorney 99 -R -18 3 ENGINEER'S REPORT Date: October 25,1999 *tow Project Name: Winkler's Proposed Swimming Pool Address: 129 Palm Breeze Drive Request of the Engineer: Provide a written recommendation to the City Council on the proposed construction of a swimming pool (approximately 15 -ft. by 30 ft.) Including a concrete deck (40 ft. by 35 ft.) at the referenced single - family home site located on the Indian River. Variance Request: To construct the pool 20 feet from the mean high water line in lieu of the ordinance requirement of 50 feet per Section 9.5- 57(18)b, and 30% impervious surface requirements per Section 9.5- 57(18)d. Recommendation: '`.►r This size swimming pool can be constructed on this site with the following conditions: 1. The concrete deck must be constructed a minimum of 10 feet from from the south property line as per Ordinance Section 7 -324; 2. The concrete deck must be constructed 20 feet from the existing concrete bulkhead. This would allow for a standard exfiltration trench to be constructed along the east end of the swimming pool to accommodate the trapping of any stormwater runoff from entering the Indian River. The stormwater runoff is not allowed to directly enter the Indian River. The exfiltration system must be designed by a Registered Professional Engineer; 3. A proposed construction plan for this swimming pool must be submitted to the City indicating construction details, elevations and required information. tki / fir► Hans Wolfer, P. Acting City Engineer �°� n N .,vW� l ti J \, � v V J e V �I 0 - IANUARD NOTES Type . o surve : B 0 U N D A R Y STaar� b frictions and.xeservations. less`'otherwise' noted. L ! I heAeby ceicQY -dat .th6 Peat -ZS a .tAw neptrsentatfon 06 the .fund S , , wqgd, oid nay ,ire muT.iRm ,techr. caZ . lrrdW; J et bon t{ (x� LUCAS SUR VEYING d 0 6 landSucver�nnd utCfrptet211V-6 F.foh,LAA::fu 927 S. RIDGEIUUOD AVF. UNITA 5 e, L Section 472.OZ7, Florida S=46- ti a EDGEWATFR, FL. 31'1 ( -71 Work Order A 90 -09 -005 Ronald 1,7 T it �-" Su ject to all easements, rig t -o -ways, res 1 I Angles or bearings are per plat- .of 1 t NOT VALID WITHOUT EMBOSSED 1 SEA AGENDA REQUEST Date: October 25, 1999 ,,� PUBLIC HEARING RESOLUTIONS X ORDINANCE OTHER CONSENT BUSINESS CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: Personnel Policies and Procedures Manual BACKGROUND: A draft of this manual was presented to the Council at their previous meeting for review. It includes current policies and procedures and coincides with the employee union agreements. RECOMMENDATION /CONCLUSION: It is the recommendation that the City Council adopt a resolution amending Resolution 92 -R -23 which adopted the original Personnel Policy and Procedure Manual. FUNDS AVAILABLE (ACCOUNT NUMBER) N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/A PREVIOUS AGENDA ITEM: YES X NO DATE: AGENDA ITEM NO. N/A Respectfully submitted, %or /(-11 Deborah Sigler Kenneth R. Hooper \ e Personnel Director City Manager RESOLUTION NO. 99 -R -19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ADOPTING AN AMENDED PERSONNEL POLICY AND PROCEDURE MANUAL AS PART OF THE CITY'S PERSONNEL SYSTEM PURSUANT TO THE CITY CHARTER; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of Edgewater has reviewed and determined the need for adopting an amended personnel policy and procedure manual as part of the City's personnel system to insure consistency in the personnel process; and WHEREAS, a central source of City personnel operating policies must be maintained and communicated to all City employees; and WHEREAS, the personnel policy and procedures have been determined by the City Council '`'o' to meet the requirements and needs of the City of Edgewater; and WHEREAS, the City Manager is responsible for the management, operations and communications of the City's personnel system and policies; and WHEREAS, the City Manager must assure that all personnel policies and procedures are consistent with all applicable Federal and State laws. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater, Florida: Section 1. The City of Edgewater's Personnel Policy and Procedure Manual, dated October 1, 1999 attached hereto and incorporated by reference as Exhibit A, is hereby approved. Section 2. The amended Personnel Policy and Procedure Manual, dated October 1, 1999 shall be included as part of the City of Edgewater's personnel system. Section 3. All resolutions or parts of resolutions in conflict herewith be and same are hereby N ow repealed. Section 4. This resolution shall take effect upon adoption. 99 -R -19 Now After Motion by Councilperson and Second by Councilperson , the vote on this resolution was as follows: Mayor Randy G. Allman XXX Councilman Jim Gornto XXX Councilman Myron F. Hammond XXX Councilman Gary W. Roberts XXX Councilwoman Judith Lichter XXX PASSED AND DULY ADOPTED this day of ,1999. liter ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Susan J. Wadsworth Randy G. Allman City Clerk Mayor APPROVED FOR FORM & CORRECTNESS: Nikki Clayton City Attorney 99 -R -19 CITY OF EDGEWATER PERSONNEL POLICY AND PROCEDURE MANUAL Table of Contents SECTION PAGE NUMBER I INTRODUCTION 1 1.00 General Policy 1 1.01 Purpose 1 -2 1.02 Equal Employment Opportunity /Veterans 2 1.03 Collective Bargaining Agreements 3 1.04 Copies of Personnel Policies & Procedures 3 II PERSONNEL OFFICIAL 4 2.00 Policy 4 III COMMITTEES 5 3.00 Personnel Advisory Committee 5 IV RECRUITMENT AND SELECTION 5 4.00 Policy 5 4.01 Announcement of Job Vacancies 5 l"' 4.02 Filing & Maintaining Applications 6 4.03 Consideration of Applications 6 -7 4.04 Pre - Employment Screening & Referral 7 -8 4.05 Reference Checks 8 V CONDITIONS OF EMPLOYMENT 9 5.00 Medical Examinations 9 5.01 Types of Appointments 10 -11 5.02 Probation 11 VI PERSONNEL RECORDS 12 6.00 Public Records /Reference Checks 12 6.01 Financial Disclosure 12 VII CLASSIFICATION AND COMPENSATION 13 7.00 Job Descriptions 13 7.01 Classification Plan 13 -14 7.02 City Service 14 7.03 Pay Administration 15 -17 7.04 Pay 17 -18 `or 7.05 Hours of Work 18 7.06 Time Records 18 7.07 Overtime Work 19 7.08 Call Back Time 20 VIII EMPLOYEE BENEFITS 21 8.00 Purpose 21 8.01 Holidays 21 8.02 Personal Days 22 8.03 Vacation 22 -23 N 8.04 Leave of Absence 23 8.05 Bereavement Leave 24 8.06 Leave of Absence Without Pay 24 -25 8.07 Sick Leave 25 8.08 Donation of Sick /Vacation /Personal Time 25 8.09 Workers' Compensation Claims 26 8.10 Employee Assistance Program (EAP) 27 8.11 Club Cards 27 8.12 Group Insurance 27 . 8.13 Pension 27 IX PERFORMANCE APPRAISALS 28 9.00 Pay for Performance (Merit) Increases 28 X EDUCATION /TRAINING 29 10.00 Employee Education /Training Programs 29 -30 XI CODE OF CONDUCT 31 11.00 Objectives 31 Now 11.01 Code of Ethics 31 11.02 Dress and Appearance 32 11.03 Political Activity 32 11.04 Employment of Relatives 32 -33 11.05 Public Relations - Release of Information 33 11.06 (vacant) 11.07 Discrimination and Harassment Policy 34 11.08 Driving Record 35 11.09 Drug and Alcohol Use 35 11.10 General Safety and Health 36 11.11 Job Related Hearing 36 11.12 Notification of Criminal Charges 36 11.13 Strikes and Lockout 36 11.14 Outside Employment 37 11.15 Use of City Property 37 11.16 Weapons in the Workplace 37 11.17 Use of E -Mail, Computers and Photocopier 38 XII DISCIPLINARY ACTIONS 39 12.00 General 39 Now 12.01 Disciplinary Action Authority 39 12.02 Inappropriate /Unacceptable Behavior 40 -42 12.03 Action To Be Taken 43 12.04 Predetermination Action 44 XIII EMPLOYEE GRIEVANCE POLICY 45 13.00 General 45 13.01 Procedures 45 XIV SEPARATIONS FROM EMPLOYMENT 46 +`,. 14.00 Types of Separations 46 • PERSONNEL POLICIES AND PROCEDURES SECTION I - INTRODUCTION `, 1.00 GENERAL POLICY It is the Policy of the City Council of the City of Edgewater to: A. Attract and recruit the best qualified candidates from the competitive market. B. Create a positive and productive environment by providing employees with opportunities for advancement and career development. - C. Provide reasonable compensation, benefits, assurance and safeguards to its employees. D. Maintain public confidence in productivity, faimess and cost effectiveness through the establishment of a system of personnel administration maintained and governed by principles and affirmative action guidelines which shall be based upon fair and objective personnel standards and measures. These Personnel Policies and Procedures provide guidance to the City in personnel matters. Nothing in this document constitutes a contract of employment. Authority forthe Personnel Policies and Procedures is established by Article IV, Section 4.07 of the Charter of the City of Edgewater. The provisions of the Personnel Policies and Procedures shall be applicable to all employees of the City of Edgewater. The terms of employment of the City Manager, City Attorney and City Clerk are established pursuant to agreements negotiated with the City Council. In the case of a conflict between the ,,, Personnel Policies and Procedures and the respective agreements, the contents of the agreement shall prevail. 1.01 PURPOSE A. The purpose of these Personnel Policies and Procedures is to foster and promote a positive employment environment of mutual benefit and protection for employees and the City of Edgewater which encourages employee and public confidence in the administration of personnel management, consistent with the policies of the City Council. The policies and procedures provide a means for equitable recruitment, selection, development, retention, and eventual retirement of employees, and insure that: 1. All personnel actions are decided on the basis of merit and the fitness of the individual. 2. Job description and classification and pay plans provide for a systematic arrangement of job classes and a complete inventory of all City positions. 3. Economy and effectiveness in government services are mutually beneficial to the citizens of the City of Edgewater, City officials, and employees. 4. Employment in the service of the City shall be attractive as a career. 5. All employees are encouraged to render their best services to the City. 6. Fair and equitable treatment of all employees will be maintained by fair administration of these policies and procedures and by consideration of the rights and interests of the employees consistent with the best interests of the citizens and the City. Revision October 1, 1999 1 7. The City of Edgewater is an equal employment opportunity employer. 8. The relationship between City management and its employees shall continue to be open and direct. B. if any section, subsection, or provision of these policies and procedures are found to be invalid by any `"r'' Court, legislation, an authorized board or public official, the ruling shall not affect the validity, intent and effect of any sections not in question. C. These policies and procedures are intended to cover personnel actions and employee conduct. Those not specifically covered will be interpreted by the Personnel Director after consultation with the City Manager and City Attorney. D. Guidelines for Using the Personnel Policies and Procedures: 1. References to the use of the word "he ", "him" and "his" in this manual is for brevity only and shall be interpreted to mean he or she. 2. The words "shall" and "will" are to be construed to be mandatory and the word "may" as permissive. 3. "City" refers to the City of Edgewater. 4. "Supervisor" means an individual with the authority to assign, direct, and review the work of subordinates. 5. "Anniversary Date" is the date the employee is hired into any full -time position with the City and N ,, is utilized to establish the probationary period . Employee evaluations are prepared annually from this date. 6. "Benefit Date" is the date employees' accrued benefits are based on. When a temporary or part time employee is hired into a full time position, their benefit date is the date they were made a regular full time employee. E. These Personnel Policies and Procedures take precedence over any departmental procedures and are designed to be consistent with the collective bargaining agreements. All written departmental operating procedures are to be submitted to the Personnel Director, to be consolidated and maintained. 1.02 EQUAL EMPLOYMENT OPPORTUNITY AND VETERANS PREFERENCE The City of Edgewater is an Equal Opportunity Employer and will not discriminate against any person because of race, color, religion, creed, gender, age, national origin, disability, veteran or marital status, or other legally protected status. It is the policy of the City of Edgewaterto give preference to eligible qualified veterans and spouses of veterans in appointment to and retention in City employment positions in accordance with Chapter 295, Florida Statutes. Nor Revision October 1, 1999 2 1.03 COLLECTIVE BARGAINING AGREEMENTS The City of Edgewater has three collective bargaining agreements, the terms and conditions of which apply to specific employees that are members of certified bargaining units. A. Coastal Florida Public Employees Association a. General Employees (P.E.A.) b. Supervisory Employees (S.P.E.A.) B. The Fratemal Order of Police (F.O.P.) Bargaining unit employees should referto their respective union agreements for specific policies and procedures which may prevail over this Personnel Policy and Procedures Manual in the case of a conflict. 1.04 COPIES OF THE PERSONNEL POLICIES AND PROCEDURES A. Copies of the Personnel Policies and Procedures Manual will be available to City employees for their review. All policy and procedure changes will be posted and every employee is entitled to read all changes or request to have changes read to them if they cannot read. B. All employees will be provided with a copy_of this Manual and will sign a statement acknowledging receipt. This statement will be placed in the employee's personnel record. Noir C. Revisions or amendments to these policies and procedures will become effective when approved by the City Council. Revision October 22, 1999 3 SECTION II - PERSONNEL OFFICIAL 2.00 POLICY It is the policy of the City of Edgewater that the Personnel Director is responsible to the City Manager, who is the Personnel Official of the City. The Personnel Director acts as a consultant to the City Staff by providing professional expertise in planning the City's personnel policies and provides assistance to supervisors and department heads in carrying out these policies Responsibilities of the Personnel Director A. Assists in development and implementation of personnel standards, policies, procedures and programs. B. Assure compliance with applicable legal personnel requirements. C. Assures compliance with hiring policies and procedures. D. Assures compliance with disciplinary and termination polices and procedures. E. Conducts new employee orientations, and employee exit interviews. F. Administers employee benefit programs. *. G. Coordinates workers compensation cases. H. Maintains and updates employee pay system, including field audits to review and update job descriptions. I. Serves as liaison between employees and management in regards to personnel policies, procedures, benefits and programs. J. Coordinates and attends conferences, hearings and union negotiations. law Revision October 1, 1999 4 SECTION III - COMMITTEES 'vow 3.00 PERSONNEL ADVISORY COMMITTEE Pursuant to Article IV, Section 4.07 of the Charter of the City of Edgewater, there shall be a Personnel Advisory Committee which shall meet at the call of the City Manager and provide assistance to the City Manager and the Personnel Director in formulating and maintaining the personnel system of the City of Edgewater. This committee shall consist of one (1) Department Director, one (1) Supervisory representative, three (3) general employees appointed by the City Manager and the Personnel Director shall act as chairperson without voting privilege. SECTION IV - RECRUITMENT AND SELECTION 4.00 POLICY A. In accordance with the City of Edgewater's Equal Employment Opportunity Policy, attracting and recruiting the best qualified candidates shall remain the City's policy for employment recruitment and selection. B. When filling vacancies, consideration shall be given first to qualified individuals currently employed with the City of Edgewater, qualified individuals who are in layoff status and to eligible veterans. C. Written job descriptions are developed, maintained and continually reviewed for all City positions. They are utilized as a basis for establishing the minimum recruitment qualifications for attracting candidates for employment. These include, but are not limited to, a description of the position function, major duties and the minimum qualifications. 4.01 ANNOUNCEMENT OF JOB VACANCIES A. The Department Head who has a vacant position shall complete a "Request to Fill A Vacancy" form and submit it to the Personnel Director listing the job title and the preferred date of filling the vacancy. This request must receive the approval of the City Manager prior to announcement. B. Job vacancies may be posted on City department bulletin boards and work locations, for three (3) to five (5) working days. In the event sufficient applications are not received, additional advertising will be utilized. C. The Personnel Department initiates all job vacancy advertisements. If contact with an employment agency or professional recruiter is necessaryto fill a position, approval by the City Manager is required. The Personnel Department is solely responsible for this process. Individual departments are not '�.► authorized to perform these functions. Revision October 22, 1999 5 4.02 FILING AND MAINTAINING APPLICATIONS FOR EMPLOYMENT A. All persons evidencing a desire to apply for employmentwith the City of Edgewater will be given the opportunity to fill out an application form. B. In order to be considered, each applicant must: 1. File a written application on the City's standard employment application form with the Personnel Department before the application deadline. Resumes will be accepted, but before an interview is arranged an application must be completed. 2. Supply requested information that is complete, clear and accurate. 3. Sign the application attesting to the truth of all statements and information contained on the application. 4. Amend, correct or add requested information /documentation within the time limits established by the Personnel Director. C. The Personnel Director shall establish and maintain a file of applications for employment. All applications for employment will remain on file within the Personnel Department for one (1) year from the date of initial application. Applicants may update their applications during the one year period which shall extend the active status of the application. D. Throughout the active status period the PersonnelDirectorshallreviewandconsiderapplicantsfor vacancies as they occur. Applicants will be considered forthe position for which they applied as well as for other positions for which they are qualified. E. All applicants will be notified of this application procedure. 4.03 CONSIDERATION OF APPLICATIONS A. It is the City's policy to consider City employees (intemal applicants) forvacancies before applicants from the general public (extemal applicants) are considered. B. Procedures: 1. An employee who wishes to apply for a vacant position must complete a job interest form available in the Personnel Department. This form shall be submitted to the Personnel Director by the employee applying for the position. 2. The Personnel Director will review the applications to make sure they meet minimum qualifications and refer qualified applicants to the Department Director for consideration. 3. During normal working hours, intemal applicants may be granted time off with pay to take tests ___ required by the City to be eligible for consideration and/or for attending interviews. Schedules for this release time must be coordinated between the departments concemed and the Personnel Director. However, for confidentiality purposes, tests and /or interviews may be scheduled outside working hours. These arrangements will be made through the Personnel Director. Revision October 1, 1999 6 C. If an intemal applicant is not selected for promotion to the vacant position, the Personnel Director will refer qualified external applicants to the Department Director for consideration. D. Family Employment Restrictions: Nor by Employment of family members in positions in which either family memberwould be supervised by orsupervising, influenced by or influencing the activities or employment conditions of the other, is prohibited. This criteria will also apply when assigning, transferring or promoting an employee. 2. In accordance with Section 112.3135 (1) (c), Florida Statutes, family members include mother, father, son, daughter, brother, sister, uncle, aunt, first cousin, grandchild, grandparent, nephew, niece, husband, wife, co- habitant, father -in -law, mother -in -law, son -in -law, daughter -in -law, brother -in -law, sister -in -law, stepparent, stepchild, stepbrother, stepsister, half brother or half sister. 3. Employees whose family status changes by marriage or other means so as to come into conflict with this policy may continue employment with the City if a position within another department or division is found forwhich one of the employees is qualified. If another position cannot be found, the employees will be permitted to determine which of them will resign. 4.04 PRE - EMPLOYMENT SCREENING AND REFERRAL A. Methods. The City may use any of the following methods to consider, evaluate and screen applicants for employment : 1. Performance or skill examination. 2. Practical written examination. 3. Evaluation and rating of training and experience. 4. Oral interview. 5. Quality of work and /or length of City service. 6. Other criteria which have been determined to be fair and impartial by the Department Director and the Personnel Official according to the City's recruitment and selection policy. B. All pre- employment examinations and screening methodswill be job - related and impartial in evaluating applicants' qualifications, knowledge, skills and abilities. C. The Personnel Official and Department Directors are jointly responsible for determining the job - related factors and validity of all pre- employment examinations and screening methods. The Personnel *ow Official is responsible for approving any pre- employment examinations. The Personnel Director will advise and/or assist in the design and /or implementation of pre - employment examinations. D. A valid Florida Driver's License is required for anyone who operates a City vehicle. Revision October 1, 1999 7 E. The Personnel Department is responsible forthe initial screening of applicants afterthe closing date of a job vacancy announcement. An application or applicant may be rejected if: 1. The applicant does not possess one or more of the minimum qualification requirements `r specified in the job description. 2. The application or resume was not received on or before the closing date. 3. The applicant has a record of any prior conviction.. 4. The applicant has made any false statement in the application, no matter when discovered. 5. The applicant has failed to sign or complete the application. 6. The applicant is ineligible for employment pursuant to the standards of eligibility set forth in the Immigration Reform and Control Act of 1986. F. Referrals. The Personnel Department will forward applications to the Department Director when: 1. The applicant possesses the minimum qualifications for the position specified in the job description. 2. The applicant passes any required Personnel Department administered pre - employment ;, examinations. 3. The closing date of the job vacancy announcement has elapsed. G. Offers of employment will be made by letterto the applicant and signed by the Personnel Official after coordination with the Department Director concemed. Verbal offers of employment are expressly prohibited. H. Notification of Rejection. All candidates who apply for a position and receive an interview but are not selected will be notified in writing by the Personnel Director. 4.05 REFERENCE CHECKS A. The hiring department may conduct reference checks of prospective employees in accordance with procedures established by the Personnel Official. B. Criminal background investigations will be conducted on all applicants under consideration for hire. C. Thorough background investigations may be conducted on any applicant under consideration for hire. The City's Police Department may conduct said investigations on an applicant for a Police position. loire Revision October 1, 1999 8 SECTION V - CONDITIONS OF EMPLOYMENT '4Nri.► 5.00 MEDICAL EXAMINATIONS A. Post -offer Medical Examinations and Drug Screening 1. Subsequent to any offer of employment, a drug screen will be required for all prospective employees. The cost will be paid by the City. A medical examination will be required for certain positions. The examination will be administered by a physician designated and approved by the City. The cost will be paid by the City. 2. A selected candidate who is medically determined to be unable to meet the essential functions of the job shall not be appointed to that position. 3. Anytime during the probationary period a drug screen may be required. The cost of any failed drug test will be taken out of their final check. B. Periodic Medical Examinations. 1. Consistent with the Americans with Disabilities Act, medical examination of an employee during employment may be requested by the Department Director, Personnel Director or City Manager. The need forthe exam may be triggered by some evidence of a problem related to job performance orsafetyorthe exam may be necessary to determine whether an individual in a physically demanding job continues to be fit for duty. Noy 2. The examination shall be at the City's expense by a physician designated by the City. 3. If the employee wishes to be re- examined by a private physician of his choice at his expense, he shall provide the written findings of the physician to the Personnel Official. In case of conflict with the original medical examination, a third medical opinion and examination may be directed by the Personnel Official, at City expense, by a second physician selected by the City. 4. Results of the medical examination(s) will be reviewed by a City designated physician and the Personnel Official for a determination regarding continued employment. 5. If an employee is determined to be physically unable to meet an essential function of the job, a reasonable accommodation may be afforded him. It is the obligation of the employee to request an accommodation. 6. If an employee is determined to be physically unable to meet the essential functions of the job, he may be reassigned to any available position forwhich he is qualified. Such action is at the sole discretion of the City. 7. If a position does not exist forwhich the employee is qualified, he may be terminated after compliance with the Family and Medical Leave Act. 'fir.► Revision October 12, 1999 9 5.01 TYPES OF APPOINTMENTS City employment consists of all existing full -time positions and any future positions which may be created that are ''ay paid from regular salary accounts, and includes non - exempt and exempt positions. A. Initial employment status falls into one of the following categories: 1. Regular position: One which is regularly budgeted and authorized; including Department Directors. Persons employed to fill these positions on a full -time basis shall be deemed regular employees after satisfactory completion of the probationary period. Filling such a position does not imply a contract of employment. 2. Part-time position: One which is regularly budgeted and the employee does not work a full (40) hourworkweek. Employees that are classified as part- time and work less than (32) hours per week shall not be eligible for City benefits. 3. Seasonal : One which is hired to perform specific seasonal functions. Employees classified as seasonal shall not be eligible for City Benefits. B. Temporary Appointment. Temporary appointments may be made to fill any authorized full -time or part-time budgeted position for short term, seasonal, substitute, or emergency employment not to exceed a period of six (6) months. The City Manager may authorize an extension of temporary employment at the end of the ,,00, six (6) months period. Employees whose positions are classified as temporary appointments shall not be eligible for City benefits. C. Limited Term Appointment. Limited term appointments may be made to fill any full -time or part-time position that has been funded in whole or in part fora specific period of time for a project or by grant. An individual employed on this basis shall be separated from employment when the project or grant is completed or there is a lack of funding forthe position. Employees whose positions are classified as limited term appointments shall not be eligible for City Benefits,. unless these costs are included with funding.(grant, etc.) D. Temporary Assignment to a Higher Classification. 1. A Department Head may assign an employee within his department to any duties within the responsibilities of that department. Assignments shall be based upon knowledge of the position, capability, and ability to perform. 2. In the event a Department Head determines that there is a need to temporarily assign an employee from a lower classification to a higher classification, he shall request a Personnel Action form from the Personnel Director. Such assignment is subject to the approval of the City Manager. Employees providing incidental assistance while someone is out due to vacation or illness are not considered to be temporarily assigned to a higher classification. However, V�r• there may be times when someone is out due to vacation or illness when it is necessary to specifically assign an employee to a higher classification. Assistant Department Directors shall not receive an increase in pay when temporarily assuming the responsibilities of the Department Director. Revision October 12, 1999 10 3. Any employee who is temporarily assigned to a position of higher rank for five (5) working days or more shall be compensated at a rate equivalent to the greater of the minimum salary for that classification or five (5) percent above his current salary from the first day of assignment. \✓ 4. While serving in a temporary assignment, the value of any monetary benefit received, such as. paid sick accrual, the cashing in of vacation time, shall be based on the employee's regular rate of pay. 5.02 PROBATION The probationary period is an important part of the employee review process and shall be utilized for appraisal of an employee's performance, adaptability to the position, and for rejecting any employee who does not meet the desired standards of performance. Subsequent to any employee being released from probation a drug screen may be required. A. An employee hired into a regular full-time position is subjectto the satisfactory completion of a six (6) month probationary period before being deemed a regular City employee. An employee hired into a police or fire full -time position is subjectto the satisfactory completion of a one (1) year probationary period before being deemed a regular City employee. An individual who does not successfully complete the probationary period will be required to reimburse the City forall education and training expenses incurred. limo, B. Employees who are promoted, demoted ortransferred will serve a six (6) month probationary period in the new position commencing with the first day in the new position. Police and Fire employees shall serve a one year probationary period. C. During the probationary period, the employee's supervisor will carefully observe job performance. Weaknesses in performance will be brought to the employee's attention and may be put_in writing by the supervisor, and submitted to the Personnel Director for placement in the employee's personnel file. D. Upon completion of the probationary time period, the Personnel Department will prepare a Personnel Action Form to be executed by the Department Director and acknowledged by the employee either terminating their employment or releasing them from probation and into regular employment. loiow Revision October 22, 1999 11 SECTION VI - PERSONNEL RECORDS 6.00 PUBLIC RECORDS /REFERENCE CHECKS A. Pursuant to Section 119.07 (1) (a), Florida Statutes, the records and files of the Personnel Department are considered open to inspection under the following conditions: 1. The review must be conducted at a reasonable time, under reasonable conditions, and under the supervision of the custodian of records. 2. Excluded in accordance with Section 119.07(3) (k), Florida Statues are the home addresses, telephone numbers, social security numbers, and photographs of law enforcement personnel, firefighters, and code enforcement officers; the home addresses, telephone numbers, social security numbers, photographs and places of employment of their spouses and children; and the names and locations of schools attended by their children. 3. Current employees will be informed when review has been requested of their personnel file. B. Medical examination results are confidential. C. Employees are responsible for maintaining current and accurate information in their personnel records. Neitherthe Personnel Department northe City is liable for incorrect withholding, erroneous beneficiary designations, loss of employee benefits or promotional opportunities which result from an employee's failure to keep personnel records current. `�rrr D. The Personnel Department is responsible for responding to inquiries conceming current and former employees. The Personnel Department will only provide information which can be disclosed in accordance with Florida law. E. Any department which receives a request for an employment reference or recommendation conceming a current or former employee may forward the request to the Personnel Department for response, or answer with valid and truthful information. 6.01 FINANCIAL DISCLOSURE Financial disclosure is required of some City employees by the State of Florida. Employees who are required by the Florida Commission on Ethics to file financial disclosure statements will automatically be sent a form and information from the Commission. Employees who are required to file financial disclosure must complete the form and file it with the Volusia County Supervisor of Elections. Revision October 1, 1999 12 SECTION VII - CLASSIFICATION AND COMPENSATION `ow 7.00 JOB DESCRIPTIONS A. Job descriptions and job classifications are established and maintained by the Personnel Directorwith final approval of the City Manager. B. Job descriptions include the scope, duties and requirements which may be assigned to each classification. Minimum training, education and experience requirements are based on projected job responsibilities and work to be performed. Job descriptions do not necessarily incorporate all of the duties to be performed and shall not preclude orlimitthe immediate supervisor from assigning other duties. C. The Personnel Director may update or revise job descriptions from time to time to expand, reduce or clarify the job duties and /or responsibilities of any classification. The Personnel Director will notify affected employees of any proposed change when the City Manager approves the proposed change. D. The position title of each classification, as identified in the job description, shall be the official title of the position and shall be used for all administrative purposes, such as payroll, budget and personnel records. E. The Personnel Directorshall assist departments in the drafting of job descriptions for new positions, the revision of existing positions, and shall maintain the official records of these job descriptions. F. All job descriptions will be assigned a classification and pay range. 7.01 CLASSIFICATION PLAN A. Purpose. 1. Provide all employees with a uniform, objective and equitable system for classifying all positions in the City service. 2. Establish proper relationships (parity) between positions on the basis of difficulty of duties, levels of responsibilities, and minimum qualifications. 3. Establish proper pay for the City's employees relative to rates received by other employees in the labor market from which the City employees are recruited. 4. Group positions into classes which can be similarly compensated based upon relative value. 5. Establish promotional opportunity lines. Now Revision October 22, 1999 13 B. The Personnel Director has the primary responsibility for the administration and maintenance of the Classification Plan and is authorized to: 1. Conduct periodic studies to assure that the Classification Plan and compensation for positions remains current and uniform. ' 2. Request the completion and submission of position questionnaires or other related information when considered necessary for proper maintenance of the plan. 3. Conduct studies of an existing position when there has been a substantial change in the duties and responsibilities which justify consideration of possible reclassification. 4. Maintain a position authorization summary identifying all authorized positions in the City service. _C. Composition of the Compensation Plan. 1. The Compensation Plan shall include: a. A table of minimum and maximum pay ranges. b. A schedule of salary grades for each title in the classification plan, consisting of minimum and maximum ranges. D. Salary Ranges and Progression. 1. The Compensation Plan consists of a salary schedule containing salary ranges, the compensation associated with the ranges, and a schedule listing the assignments of each class in the Classification Plan to a grade in the Salary Schedule. `vo' 2. Pay increases are not automatic, but may be achieved through performance evaluations, promotion, reclassification, or pay range adjustment. 3. The City Manager shall have final authorityto place approved position within the Classification Plan. E. Changes to the Classification Plan must recommended by the City Manager and be approved by the City Council. 7.02 CITY SERVICE A. Continuous Service. 1. An employee's continuous service date is established as the most recent date of hire and cannot precede the date the employee reported for and began work as a full time employee. Paid absences do not affect the date of continuous service. 2. The continuous service date for an employee who was initially hired as a temporary or part time employee and becomes a regular employee is the date of full time regular hire . 3. Authorized unpaid leaves of absence for a period of thirty (30) days or more and layoff as provided in these policies and procedures are not considered a break in continuous service, but do affect the employee's benefit date. Revision October 22, 1999 14 7.03 PAY ADMINISTRATION An employee shall be paid at the rate of pay specified in the approved Compensation Plan. A. Appointment and Starting Rate Guidelines. 1. Generally, a new employee will be hired at the minimum rate for a position. This rate reflects the "market place" value of the position based upon the minimum qualifications needed to perform the work. 2. Hiring above the minimum salary may be authorized by the City Manager, if the applicant's training, experience orotherqualifications are above those required forthe position Hiring may be approved at a rate up to the mid -point of the range established forthe position, by the City Manager. The Personnel Director can authorize a new hire up to 10% above the minimum of the classification. The Department Director can authorize a new hire up to 5% above the minimum of the classification. B. Promotion. A promotion is defined as the advancement of an employee from the current classification to another classification that is higher. When promoted an employee retains his original anniversary/benefit date. 1. Policy and Guidelines. a. It is the policy of the City to fill any given position with the most qualified individual. tor Promotion from within the City is a desirable practice in that positions can be filled with individuals who are knowledgeable aboutthe operations of the City and accordingly, the orientation period is significantly shortened. b. To support this policy, whenever possible, vacant or new positions will be filled by promoting qualified regular employees from within the City service. First consideration will be given to employees within the department with the opening. c. The City employees are encouraged to develop new skills, expand knowledge of their work, assume greater responsibilities, make known their qualifications for promotion to more difficult and responsible positions, and compete forvacant positions forwhich they are qualified. 4. The promoted employee will be required to take a drug test. A physical will be required if the new position warrants such. e. The promoted employee's salary shall be at the minimum rate in the higher classification or five (5 %) percent above his current salary, whichever is greater. f. The promoted employee shall serve a six (6) month probationary period_upon entering the promotional position. There will be a one year probationary period for Police and Fire. Ntraw Revision October 22, 1999 15 C. Demotion. A demotion occurs when an employee is reassigned to a position in a lower classification _ than the position from which the assignment is made. The new rate of pay is determined by the type of demotion. When demoted an employee retains his original anniversary/benefit dates. 1. Policy and Guidelines. a. Employee Requested Demotions. When an employee requests a demotion due to inability to perform the work due to health or other reasons, the employee may be moved to a lower job classification upon the approval of the Department Director, Personnel Director and the City Manager. When a demotion of this nature occurs, there shall normally be a reduction in the employee's pay to bring the pay within the salary range for the new classification. However, the employee's Department Director may recommend, subject to the City Manager's approval, that the employee remain at the pay level attained prior to the demotion. If the employee's current salary is above the maximum grade established for the lower pay grade, their salary will have to be adjusted to fit within pay classification. b. Operational. When a demotion is initiated due to operational requirements or for the convenience of the City, the rate of pay may be reduced, and cannot exceed the maximum pay rate of the new classification. ' c. Reduction in Force. When a position is abolished and the employee accepts a position in a lower classification, the rate of pay may be reduced. d. Performance. When an employee is demoted due to an inability to meet performance requirements, the employee's salary will have to be adjusted to fit within the pay classification. e. Disciplinary. An employee may be demoted as a disciplinary measure. The rate of pay shall be reduced. D. Transfer 1. When employee is transferred from one position to another in the same classification or to a position in another classification with the same pay grade, he shall continue to be paid at the same pay rate and shall retain his anniversary date. 2. The transferred employee shall serve a six (6) months probationary period upon entering a new position. 3. The promoted employee will be required to take a drug test. A physical will be required if the `crow new position warrants. Revision October 4, 1999 16 E. Reclassification When a job changes significantly in terms of job content and responsibilities, a reclassification may be considered and may result in a higher or lower classification. %ay 1. If the position is downgraded, the new rate of pay shall be determined by the policy described in Section C above: Demotions - Operational. 2. When an occupied position is upgraded, the new rate of pay shall be determined by the policy described in Section B above: Promotions. 7.04 PAY A. Payday. Checks will be distributed every Friday unless that day is a holiday, in which case checks will be distributed the last work day preceding that Friday. B. Pay Advances. The City of Edgewater does not make advances on any employee's pay except in the case of vacation. C. Pay Period. The pay period runs from Friday through Thursday. D. Separation from Employment. Persons leaving the employment of the City between regular pay days will receive their pay checks at the next regular pay day. All City property must be turned in at the time of separation and prior to receiving final pay or the cost of such property will be deducted from the final pay check. Because the City pays insurance premiums one month in advance, the prorated cost of the coverage for the remainder of the month will be deducted from the employee's final pay check. E. Payroll Deductions. 1. Mandatory Payroll Deductions include: a. FICA (Social Security) b. Federal Withholding Tax c. Medicare Tax 2. Optional Payroll Deductions include: a. Financial Institutes b. Insurance (e.g., cancer coverage, accidental, life and disability, etc.) `tow c. Retirement contributions (if applicable) d. Association Dues e. United Way f. U.S. Savings Bonds Revision October 4, 1999 17 F. Direct Deposits are available for employee convenience G. Any pay check errors should be reported immediately by the employee to his supervisor. 7.05 HOURS OF WORK A. Work Hours. 1. The City Manager establishes the hours of work, meal breaks and rest breaks for all departments and divisions of the City of Edgewater, depending on the functions and operations involved. 2. Job responsibilities differ from department to department so weekly work schedules may vary. Except in the case of an emergency, employees shall be given forty -eight (48) hours notice of any change in their regular hours of work. 3. Those non - Fire /Police employees working rotating shifts shall receive shift differential pay as follows: twenty -five (25) cents an hour increase for the swing shift fifty (50) cents an hour increase for the midnight shift 4. During emergency evacuation situations and /or unplanned time off given to employees the following shall be adhered to: those already on approved /scheduled time off will remain on the time approved, those failing to report the day of said time off given shall be required to use their own benefit time, those reporting to work and given time off will be paid as regular hours, those placed on call° will be paid regular hours, those remaining at work or called to work will be paid overtime. 7.06 TIME RECORDS Each hourly employee is required to maintain a daily record of hours worked to be turned into his Supervisor or Department Director at the end of each workweek. Failure to keep, or falsification of, the daily record of hours worked shall be grounds for disciplinary action or dismissal. Now Revision October 12, 1999 18 7.07 OVERTIME WORK A. Definition Overtime means hours worked in excess of forty (40) hours during a work week. Overtime for police and firefighters is determined pursuant to the Fair Labor Standards Act. B. Overtime Policy. 1. Overtime must be authorized in advance by an employee's supervisor or Department Director. 2. In any department, overtime shall be authorized or directed only when it is in the best interest of the City and is the most practical and economical way of meeting unusual workloads or deadlines. 3. Employees shall be required to work overtime when assigned unless excused by the Supervisor or Department Director. 4. When employees work overtime in excess of five (5) hours before or aftertheir regular shift hours, the immediate Supervisor shall schedule an unpaid break period of one -half (' /z) hour during the overtime assignment unlessthe employee's job requires constant attention. In such case, the Supervisor may schedule the unpaid break period at the end of the overtime assignment. 5. For the purpose of overtime computation, sick leave, shall not be considered hours worked. Other compensated leave will be counted as time worked. Now 6. Non - exempt employees shall be compensated at the rate of time and one -half the employee's regular straight time hourly rate or compensatory time off at a rate of one and one half hours for each hour worked in excess of a normal work week. 7. The decision to receive compensatory time or pay for overtime worked shall be reached between the employee and Department Director prior to any extra time being worked. Ultimately, that is the decision of the Department Director. 8. Compensatory time accumulated by a non - exempt employee shall be used within thirty (30) days of said accumulation, whenever possible. 9. Pursuant to the Fair Labor Standards Act there is no requirement that exempt employees be compensated for hours worked in excess of their normal work week. However, to meet the special needs of a department, at the discretion of a Department Director, exempt employees may accrue compensatory time. Compensatorytime eamed by exempt employees shall be taken on the basis of hour for hour worked. 10. If an employee resigns or retires without having used accumulated compensatory time, the time will be paid to the employee at the rate of pay received when the employee leaves the City service. 11. It is the Department Director's responsibility to maintain an up-to -date log of the accrued and used compensatory time for each employee in the department. Revision October 12, 1999 19 • 7.08 CALL BACK TIME A. If any employee is called back to work outside his scheduled working hours, he shall receive a minimum of two (2) hours pay at the rate of one and one -half his regular straight time rate. The two (2) hour minimum shall not apply to work scheduled outside of regularworking hours forwhich the N•..r employee has advance notice, but is intended to compensate employees who are unexpectedly called back to work. Employees who are scheduled to work outside of regularworking hours forwhich the employee has advance notice shall receive a minimum of one (1) hour pay at the appropriate rate at the regular straight time rate if such time is included within the reg ularwork week or at time and one - half if such time constitutes overtime. B. Any employee who, in the exercise of his official duties, is subpoenaed to appear before any person or agency on his regularday off shall receive a minimum of three (3) hours pay at the rate of time and one -half his regular rate. C. Those employees covered by the Fratemal Order of Police Collective Bargaining Agreement should consult that agreement to determine the applicable policies. D. Any management personnel or supervisory who is required to work during a declared emergency situation may be paid overtime for any hours in excess of forty (40) hours per week. Noire tilrr Revision October 22, 1999 20 4 SECTION VIII - EMPLOYEE BENEFITS 8.00 PURPOSE In order to achieve the City's general policy to provide reasonable compensation, benefits, assurances and safeguards to its employees, the City has developed and maintains a comprehensive package of benefits and programs for its employees. Benefits are automatically granted to employees based on the criteria described herein. Employees must meet eligibility guidelines described in this section. The benefits described herein apply to regular employees and part time employees on a pro -rata basis. 8.01 HOLIDAYS A. The City will recognize the following as paid holidays: New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving 'gar Christmas Day B. Whenever a holiday falls on Sunday, the holidaywill be observed bythe City on the Monday following the holiday. C. Whenevera holiday falls on Saturday, the holiday will be observed on the Friday before the holiday. D. For those employees working rotating shifts, if the actual holiday falls on an employee's off duty day, he shall receive an additional day's compensation paid at his regular rate of pay. E. For those employees working rotating shifts, if the actual holiday falls on an employee's on duty day, he shall be compensated at the rate of time and one -half his regular rate of pay for all hours worked in addition to his holiday pay. F. In lieu of holiday pay, an employee shall be allowed a day off with pay with the concurrence of the Department Head. The day taken off in lieu of the holiday must be taken within thirty (30) calendar days after said holiday. G. In order to be eligible for holiday pay an employee must work both his last scheduled work day before the holiday and the first scheduled work day after the holiday unless the absence is due to compensated leave. r Revision October 4, 1999 21 8.02 PERSONAL DAYS Each employee shall be entitled to three (3) 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 Director. *ft. 8.03 VACATION A. Employees shall be entitled to annual vacation leave with pay at the employee's regular rate of pay, on the following basis: • Time in City Service Vacation Leave General Employees: Less than 1 year 0 hours 1 - 4 years 96 hours 5 - 10 years 144 hours 11 years 192 hours 12 years 200 hours 13 years 208 hours 14 years 216 hours 15 years 224 hours 16 years 232 hours N 17 years and over 240 hours ( Supervisory Personnel with 18 years and over. 248 hours) Police/Fire Personnel: Less than 1 year 0 work days 1 to 4 years 12 work days 5 to 10 years 18 work days 11 years 24 work days 12 years 25 work days 13 years 26 work days 14 years 27 work days 15 years 28 work days 16 years 29 work days 17 years 30 work days low Revision October 4, 1999 22 • B. No employee shall be entitled to vacation time without having completed a full year's employment. Upon completion of one (1) year of employment with the City, an employee shall be credited with ninety -six (96) hours (12 work days for Police) of vacation leave. Subsequent to the completion of one (1) year of employment, an employee shall accrue vacation leave on a monthly basis. 'fo r C. Vacation leave accrued, but not used, within any given anniversary period may be carried over And accumulated. Employees may accumulate vacation leave up to a maximum of five Hundred (500) hours. (Police & Fire personnel on 12 hour days 750 hours) D. Upon termination of employment, except forthe commission of a criminal act as determined by the City Manager, an employee shall be paid for any unused portion of accrued vacation time. The payment shall be determined by using the rate of pay received by the employee at the time of termination. E. In lieu of taking vacation leave, vacation leave may be cashed in an amount equal to one Half of that accrued within the current anniversary period. The amount of compensation shall Be determined by using the employee's hourly rate at the time the vacation leave is cashed in. F. Vacations must be scheduled with the approval of the Department Director. 8.04 LEAVE OF ABSENCE A. Leave of Absence With Pay. 1. Jury Duty or Witness Leave: Any employee shall be given necessary time off without loss of pay when performing jury duty or when called by proper authority to be a witness in a legal proceeding conceming City of Edgewater business, provided such call to duty is reported in advance to his Supervisor and approved by the Department Head. Any fees paid to the employee for the performance of jury duty or being a witness shall be tumed over to the City. Jury duty and witness leave shall not be considered as hours worked for the purposes of determining whether overtime is due. 2. Military Leave: Any employee who is a member of the National Guard or an organized military reserve unit of the United States will be allowed a maximum of twenty (20) calendar days leave of absence at any one time when called to active duty or for training. During such period of leave with pay, the employee's benefits shall continue uninterrupted in the same manner as if they were on active duty with the City. Nor Revision October 4, 1999 23 8.05 BEREAVEMENT LEAVE A. When a death occurs in the immediate family of an employee, that employee shall be granted up to three (3) days bereavement leave without loss of pay. Additional time may be taken by the employee as vacation leave, personal days, sick leave, compensatory time, leave of absence without pay or a day off without pay. B. The City agrees that immediate family is defined as spouse /cohabitant, parents, grandparents, children, grandchildren, brothers, sisters, stepchildren and stepparents of eitherthe employee or spouse /cohabitant. C. The City has the right to request a verification of the death. 8.06 LEAVE OF ABSENCE WITHOUT PAY A. Personal Leave 1. The Department Director may grant a regular employee a leave of absence without pay for a period not to exceed thirty (30) working days. Leaves of absence without pay for a period in excess of thirty (30) working days shall be approved by the City Manager. Such leaves may be granted only to employees who have completed their probationary period and who have exhausted all of their sick, vacation and personal time accrued. 'rrr► 2. The taking of a day off without pay shall not constitute a leave of absence without pay until an employee has accumulated five (5) days off without pay within any twelve (12) month period 3. Benefits shall not accrue during a leave of absence without pay. Benefits shall accrue during a leave of absence with pay until such time as the leave of absence with pay exceeds sixty (60) working days. Benefits shall not accrue during a leave of absence with pay exceeding sixty (60) working days. 4. The City shall cover the employee under its group health plan through the end of the month in which the employee requests that the leave begin. Thereafter, employees on leave may continue their benefits under the City's group health insurance plan provided the employee pays the entire monthly premium due during the leave. Employees who wish to continue their insurance coverage should so advise the Personnel Director before beginning their leave. 5. Because operations sometimes require that vacant positions be filled, a personal leave of absence does not guarantee that the job will be available when the employee returns from a leave. An effort, however, will be made to place the employee in the previous position or a comparable job which the employee is qualified to perform. If no such position is available, the employee will be given preference when a position does become vacant if he has the necessary qualifications. it Revision October 12, 1999 24 B. Family and Medical Leave - All eligible employees will be given Family and Medical Leave in accordance with the Family and Medical Leave Act. An employee requesting unforeseen leave must do so within two (2) days afterthe serious health condition and said condition must be certified by a physician. All Family Medical Leave must be arranged through the Personnel Department. '`"' 8.07 SICK LEAVE All employees of the City shall be entitled to sick leave and compensation therefore underthe following terms and conditions: A. In order to receive pay for sick leave an employee must notify the Supervisor, Department Director or designee of the specific employee's department, at the start of the work day which he will miss. -B. Sick leave will be eamed at the rate of eight (8) hours for each month of service (one day for police and fire personnel). These hours shall accumulate up to a maximum of three hundred and twenty (320) hours (40 days for police and fire personnel). After accumulating the three hundred and twenty (320) hours (40 days) maximum sick leave, an employee shall receive as additional pay the hours in excess of three hundred and twenty (320) (40 days) up to an additional eight (8) hours (full day's pay) for each month thereafter that he does not use any sick leave. If, however, the employee uses any sick leave after accumulating the three hundred and twenty (320) hours (40 days) maximum sick leave, the employee must restore his accumulated sick leave to the maximum again before he shall be eligible for any additional pay. C. Upon termination of employment, except for the commission of a criminal act as determined by the City Manager, an employee is entitled to a lump sum payment for vu„ 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. Sick leave may be used for illness in the immediate family or donated to any City employee who has an emergency or long term illness. Immediate family is defined as: spouse /cohabitant, parents, grandparents, children, grandchildren, brothers, sisters, step- children and stepparents of either the employee or spouse. 8.08 DONATION OF SICKNACATION /PERSONAL TIME A. Employees may donate accrued sick, vacation or personal time to a City employee who has an extended period of illness. B. The employee receiving the donation must have exhausted all available sick leave, personal leave and vacation leave. C. The time will be donated on a day for day basis with no distinction made between differing hourly rates of employees. D. The Personnel Department will process requests for and donation of accrued time. Revision October 7, 1999 25 8.09 WORKERS' COMPENSATION CLAIMS A. Eligibility. All employees injured in the line of duty are eligible forworkers' compensation benefits, in accordance with Chapter 440, Florida Statutes. Aworkers' compensation managed care arrangement is a health care delivery system which provides quality medical care while ensuring proper treatment and containing medical costs which became mandatory on January 1, 1997. (440.134F.S.) B. Procedures. 1. If an on the job injury occurs the supervisor must be notified immediately and either the supervisor or the Personnel Department will call the managed care arrangement representative. Of course in the case of a life threatening emergency someone should first call 911. Once the managed care representative has been notified and given the necessary information about the injury, they coordinate all medical needs, which will include a drug screen in all cases. Information will have to be provided to ensure the workers compensation benefits are calculated and reported accurately. 2. The injured employee must report to the Personnel Department as soon as possible (after medical attention is administered in emergency cases) to complete all necessary paperwork and receive necessary information. 3. An Incident report shall be completed by the employee and supervisor in each case of a work related injury or accident, regardless of severity or whether medical attention is required. The report shall be submitted to the Safety Officer as soon as possible for follow up into prevention of a reoccurrence. Noir 4. No injured employee will be allowed to retum to work without medical release. C. Questionable Injuries If the Supervisor or Department Director is suspicious of the reported injury, this shall be communicated to the Personnel Director and /or the Safety Officer for appropriate action. D. Workers' Compensation Benefits. A regular employee covered hereunderwho is temporarily disabled in the line of duty shall receive paid leave, and benefits forthe period of this disability subject, however, to compliance with all of the following conditions: 1. The disability involved must have resulted from an injury or an illness directly related to or sustained in the performance of the employee's work. 2. Paid leave shall not exceed ninety (90) workdays (135 workdays for police and fire personnel) for any one injury. If, as a direct result of the continuation of the disability involved, the employee is unable to retum to work at the end of the period, the employee may petition the City Manager for an extension of full pay status. If the City Manager decides not to permit the employee to remain in full pay status beyond the period, the employee shall revert to normal ,,, Workers' Compensation benefits. 3. As a condition precedent to obtaining paid leave, the employee must in writing assign his Workers' Compensation weekly benefits to the City forthe period of the disability leave or any extension thereof. Revision October 4, 1999 26 8.10 EMPLOYEE ASSISTANCE PROGRAM (EAP) Each fiscal year the City enters into an agreement with ACT as the City's Employee Assistance Program. All employees and their immediate family members have the benefit of free consultation on a variety of issues. Details on the City's Employee Assistance Program are available from the Personnel Department. 8.11 CLUB CARDS Employees of the City of Edgewater are eligible for membership in a number of Florida theme parks, i.e., Disney World, Epcot, Sea World, etc., along with being eligible for membership at Sam's Wholesale Warehouse. Membership entitles you to certain discounts. Your membership card and further information can be obtained from the Personnel Department. Membership cards must be retumed to the Personnel Department upon termination of employment with the City. 8.12 GROUP INSURANCE A. Health and Life Insurance. 1. Any regularfull time employee is eligible for health and life insurance when he has completed ninety (90) days of employment. ir• 2. The City pays the entire premium forthe employee and fifty (50 %) percent of the dependent's coverage. The City pays the entire premium for the Department Director and their dependent's coverage. 3. The City pays the entire premium for life insurance for each City employee in an amount equal to their annual salary. 4. Insurance benefit books and enrollment papers will be fumished by the Personnel Department_ B. Continuation of Group Health Coverage. Federal law requires that yourgroup plan allow qualified persons to continue group health coverage after it would otherwise end. Forthis purpose, "group health coverage" includes any medical, dental, vision care and prescription drugs coverage that are included in the group plan. Pursuant to the requirements of the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) and any subsequent amendments, employees shall be given the opportunity to continue their health insurance coverage after leaving the employ of the City. 8.13 PENSION 'wr The City of Edgewater provides a pension plan for employees. Information pertaining to eligibility, enrollment, deductions, vesting, calculation of benefits and retirement ages can be obtained through the Personnel Department. Revision October 4, 1999 27 Now SECTION IX - PERFORMANCE APPRAISALS 9.00 PAY FOR PERFORMANCE (MERIT) INCREASES Employee appraisals are utilized as a communication between employee and management as to management's expectations and employee's progress. At the start of employment goals are set with the employee, throughout the year areas needed improvement are documented and each yearend, scores are logged. Pay increases are not automatic but are granted ordenied at the City's discretion. Details on the pay for performance appraisal system are available from the Personnel Department. `r 'err Revision October 4, 1999 28 'rr SECTION X - EDUCATION/TRAINING 10.00 EMPLOYEE EDUCATION/TRAINING PROGRAMS The City agrees to make a good faith effort to promote on-the-job training for the purpose of improving the performance of employees, improving the quality of service rendered to the public, aiding employees to equip themselves for greater responsibilities and advancement to higher positions when available. Some of this training must, by its nature, be subject to available funds. The City will not expect any employee to attend required training to improve job performance and/or required training in specialized techniques outside his normal working hours, if possible. TRAINING It is the responsibility of the City Manager in conjunction with Department Heads and the Personnel Director to foster and promote in -service training of employees. Standards fortraining programs will be established to assure that training is carried out as approved by the City Manager and prepared certificates or other forms of recognition to persons who satisfactorily complete approved courses and programs will be awarded. These certificates, etc. will be logged in the individuals official personnel file as training /education accomplishments. For training required by the City as a condition of continued employment, the City shall assume financial responsibility fortuition, books, and travel, if approved in advance bythe City. The time and location of all required training must be approved in advance bythe City. The City will provide on duty training and /ortime off with pay, including travel time as required by law, for all training required by the City forthe purpose of job retention. If the employee does not satisfactorily complete the course, he may re- enroll at his expense, and take such course on his own time. Then if the employee does not satisfactorily complete the course, he may be terminated from the position. LICENSE RENEWALS /EXAMS An employee may be given leave for the purpose of taking exams to renew required licenses or obtain a new license directly related to theirwork. Expenses will be paid as required by law, however, no over -time will be paid to an individual taking exams; compensatory time will be given for the exam time only. The employee will be reimbursed for license renewals such as commercial drivers licenses which are required by job description. EDUCATION In order to increase the efficiency and productivity of City Staff, it may become necessary to enroll in a formal program or course provided by an accredited educational institution or organization. These courses will be categorized as Required, or Enrichment. `our Required: This is a course needed as a condition of continued employment with the City. Upon prior approval bythe Department Head and the City Manager for enrollment, the City shall assume financial responsibility for tuition, books and transportation. If the employee does not satisfactorily complete the course, he may re -enroll at his expense, and take such course on his own time. Then if the employee does not satisfactorily complete the course, he may be terminated from the position. Revision October 4, 1999 29 Enrichment: These are courses not considered a condition of employment but those which may contribute to improved efficiency and/or work quality. (a) If an employee requests to take an enrichment course, upon prior approval by the Department Head and the City Manager for enrollment, the employee will receive reimbursement ;_„ for 50% of the tuition. (b) If it is recommended that an employee take an enrichment course, upon prior approval by the Department Head and the City Manager for enrollment, the employee will receive reimbursement for 75% of the tuition. All reimbursements will be subject to satisfactory completion of courses and if the employee remains in the City's employment for six (6) months beyond the completion of the course. If the six month requirement is not met, the reimbursement may be deducted from the employee's last pay check. In the event an employee is required to take an enrichment course, upon prior approval by the Department Head and the City Manager for enrollment, the City shall assume financial responsibility for tuition and books. lithe employee does not satisfactorily complete the enrichment course, the employee's related performance shall be addressed through his annual appraisal. SEMINARS /CONFERENCES: These are programs not considered a condition of employment but as a contribution to improved efficiency, work quality, and/or job knowledge. Upon prior approval ofthe Department Head and the City Managerfor enrollment, the City will assume all financial responsibility by paying directly or reimbursing the employee fortravel, lodging, meals, registration, books, materials, tolls, parking and other such expenses as are reasonable and justifiable for an employee to attend a seminar or conference. These expenses shall be subject to the following. 1. The employee must be a member of the professional organization providing the seminar /courses (if applicable). 2. The employee's position and /or function would be enhanced and thereby directly benefit the City. Now Noy Revision October 4, 1999 30 SECTION XI - CODE OF CONDUCT u.. 11.00 OBJECTIVES A. One of the primary objectives of the City of Edgewater is to establish and administer a personnel management system which provides superior service to the community by employing and retaining individuals of the highest caliber who display pride and dignity in the performance of their duties. B. The City Administration advocates acceptance of the concept that with quality public service at all levels of government, the City can attain maximum efficiency and effectiveness. C. All City employees are encouraged to develop skills and seek formal training that will enhance their personal development and add to the overall expertise of the organization. D. Employees are encouraged to maintain their personal appearance in a mannerwhich will reflect a good image to the public in accordance with departmental rules which may be established for this purpose. E. It is the policy of the City to expect from its employees compliance with all personnel rules and regulations, local ordinances, State Statutes and Federal regulations in the performance of duties, as well as compliance with all safety rules and standards. An employee who violates any of the standards of conduct or rules and regulations may be subject to disciplinary action. tior 11.01 CODE OF ETHICS All City employees shall be bound by the requirements of the Code of Ethics for Public Officers and Employees, Part III, Chapter 112, Florida Statutes which includes, but is not limited to: A. No City employee shall solicit or accept any gifts, including Christmas gifts, favors or service, that might influence them in the discharge of their official duties. B. No City employee shall use, or attempt to use, his position to secure special privileges or exemptions for himself or others. C. No City employee shall disclose confidential information gained by reason of his official position, nor shall he otherwise use such information for his personal gain or benefit. D. No employee shall have or hold any employment or contractual relationship with any business entity or any agency which is subject to the regulation of, or is doing business with the City; nor shall an employee have or hold any employment or contractual relationship that will create a continuing or frequently recurring conflict between his private interests and the performance of his public duties or that would impede the full and faithful discharge of his public duties. Nor E. NeCity employee shall transact any business in their official capacity with any business entity of which hie orshe is an officer, director, agent or member, or in which he orshe ortheirspouse or child owns a material interest. Revision October 4, 1999 31 11.02 DRESS AND APPEARANCE A. City employees are expected to maintain high personal, moral and ethical standards. One of the most Noir noticeable expressions of these personal standards is dress and appearance. B. What is appropriate for employees in one department may not be appropriate for another. Work clothes and uniforms provided for many departments generally set the standard for their functions. Determination of an employee's specific dress and appearance is supervisory responsibility and will be treated as such. Personal appearance standards may be established in departmental rules. C. City employees represent the City in all dealings with the public. Appearance, attitude, and behavior all announce to the taxpayers what may be expected from the City government. Keeping the work area in a neat and orderly fashion is also important. It indicates a safe, efficient operation. Forthese reasons, the City stresses the importance of neat dress, good grooming, and courteous behavior as minimum standards for City employees. D. All employees who have been issued City uniforms shall wear the complete uniform at all times when they are performing work for the City. City uniforms shall not be worn at times other than work hours except for the normal time of travel to and from work. Upon resignation, retirement, or dismissal, uniforms must be returned clean before a final pay check is issued. 11.03 POLITICAL ACTIVITY A. No employee, official, or other person shall solicit, orally or by letter, contributions or services for any political party or candidate from any employee during his work hours. B. Nothing herein shall be construed to restrict the right of the employee to hold membership in and support a political party, to vote as he chooses, to express opinions on all political subjects and candidates, to maintain political neutrality, to attend political meetings after working hours, or to campaign actively during off -duty hours in all areas of political activity. C. Any employee who is elected or appointed to any political office within the City shall resign from the employment of the City. 11.04 EMPLOYMENT OF RELATIVES A. In accordance with Section 112.3135 Florida Statutes, a public official may not appoint, employ, promote or advance, or advocate for appointment, employment, promotion or advancement in orto a position in the agency in which he is serving or over which he exercises jurisdiction or control any l,, individual who is a relative of the public official. An individual may not be appointed, employed, promoted, or advanced in orto a position in an agency if such appointment, employment, promotion or advancement has been advocated by a public official, serving in or exercising jurisdiction or control over agency, who is a relative of the individual. Revision October 4, 1999 32 B. Public Official means: An officer, or an employee in whom is vested the authority by law, rule or regulation, or to whom the authority has been delegated, to recommend individuals for appointment, employment, promotion, or advancement in connection with the employment in an agency. — 4k11110v C. Relative, with respect to a Public Official means: An individual who is related to the public official as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, spouse /cohabitant, father -in -law, mother -in -law, son -in -law, daughter -in -law, brother -in -law, sister -in- law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister. 11.05-PUBLIC RELATIONS - RELEASE OF INFORMATION A. The employee shall at all times be courteous and friendly to those members of the public who seek information. B. Employees are cautioned that information conceming subjects underdiscussion or consideration often change in content and meaning before becoming an accomplished fact. Any release of such information before final decisions or disposition of the matter often causes misunderstanding and confusion resulting in waste of time and money. C. An employee will decline courteously to reveal information and shall direct such inquiry to the Department Director or City Manager, keeping in mind that it is not the intent of the City to be secretive, or to withhold valid information, but to assure that all information released is true and view accurate. 11.06 (vacant) °rr. Revision October 4, 1999 33 11.07 DISCRIMINATION AND HARASSMENT POLICY It is the City's policy that employees should be able to work in an environment free of discrimination, and free of any form of harassment, based on race, color, religion, sex, age, marital or family status, disability, national origin, or veteran status. 'tor A. To help ensure that no City employee feels that he or she is being subjected to discrimination or harassment, the City prohibits any offensive physical, written, or spoken conduct or language which could create either a hostile work environment or the perception of a hostile work environment. This includes, but is not limited to: 1. Unwelcome or unwanted advances, including sexual advances. This means patting, pinching, brushing up against, hugging, cornering, kissing fondling, or any other similar physical contact or behavior. 2. Requests or demands for favors, including sexual favors. This includes requests or expectations, whether blatant or subtle, for any type of favor, including requests for dates and sexual favors, accompanied by an implied, stated, or perceived promise of preferential treatment or threat of negative consequences. 3. Verbal abuse or kidding that is oriented toward a prohibited form of discrimination or harassment, including that which is sex - oriented or considered unwelcome. This includes comments about race, color, religion, sex, age, marital or family status, handicap, disability, national origin, veteran status, or body or appearance; telling "dirty jokes" or "ethnic jokes "; or any sexually oriented comments, innuendos, or actions that offend. 'ter 4. Any type of sexually oriented conduct or other prohibited form of discrimination or harassment that would interfere with anyone's work performance. This includes extending unwanted sexual attention toward someone which reduces that person's productivity or time available to work at assigned tasks. 5. Creating a work environment that is intimidating, hostile, abusive, or offensive because of unwelcome or unwanted conversations, suggestions, requests, demands, physical contacts, or attention which is either sexually oriented or otherwise related to a prohibited form of discrimination or harassment. 6. Use of profane or abusive language directed at fellow employees or citizens. The nature of some discrimination and harassment makes it virtually impossible to detect unless someone reports the discrimination or harassment. Thus, if any employee believes that he or any other employee is being subjected to any of these forms of discrimination or harassment, or believes that he or any other employee is being discriminated against because other employees are receiving favored treatment in exchange for, for example, sexual favors, he must report thisto his supervisor, Department Director, Personnel Director and/or City Manager. A record of the complaint and the findings will become a part of the complaint investigation record, and the file will be maintained separately from the employee's personnel file. It is understood that any person electing to utilize this complaint resolution procedure will be treated courteously, and the problem will be handled swiftly and ,,, discreetly. The registering of a good faith complaintwill in noway be used againstthe complaining employee, nor will it have an adverse impact on the employee's status with the City. Revision October 4, 1999 34 11.08 DRIVING RECORD A. A valid pertinent Florida driver's license is required for anyone who operates a City vehicle. Any employee whose license is suspended, revoked, canceled, or expired shall not drive any City vehicle until such time as the license has been reinstated. N ow , B. The number and expiration date of the employee's driver's license or chauffeur's license shall be recorded in the department's files with periodic reviews to verify compliance with this policy. C. An employee who is required as a condition of employment to possess and maintain a valid Florida driver's or commercial license, must immediately inform his supervisor in the event the license is denied, expired, suspended or revoked. 11.09 DRUG AND ALCOHOL USE A. The City of Edgewater is a Drug Free Workplace; all employees are prohibited from: 1. Selling any drug, including alcohol or prescription drugs, whether on or off -duty, unless the employee is legally entitled to sell the substances in question. 2. Possessing any alcoholic beverage or illegal drug while on -duty or on City property at any time. 3. Using any controlled substance not prescribed for the employee by a physician or alcoholic beverage which may adversely affect job performance. This may include ,, both use while on -duty and use while off -duty which can adversely affect on -duty performance. 4. Reporting to work with the presence of illegal drugs or alcoholic beverages in the body system which is equal to or exceeds the cutoff detection levels established pursuant to Chapter 440, Florida Statutes. B. When reasonable cause exists to believe that an employee is under the influence of any controlled substance, narcotic drug or alcohol, the employee's Department Director and Personnel Director upon approval by the City Manager or his designee shall have the authority to require employees to submit to testing designed to detect the presence of such controlled substance, narcotic drug, or alcohol. In the event the City requests that an employee submit to testing and the employee chooses not to submit to such tests, this refusal shall be grounds for appropriate disciplinary action. C. An employee who must use a prescription drug which the employee has been advised will or which the employee may reasonably expect to cause adverse side effects such as drowsiness, impaired reflexes, or reaction time shall inform his Department Director that he is taking such medication on the advice of a physician and of the possible side effects of the drug and expected duration of use. „ D. Direct involvement in an accident and /orthe filing of a workers compensation claim by an employee while on duty shall be considered reasonable cause to require the employee to take drug or alcohol tests. Revision October 22, 1999 35 11.10 GENERAL SAFETY AND HEALTH A. The City provides for the continuous monitoring of the working conditions and equipment of its employees for observance of safety requirements. `, B. Employees will observe all safety rules and regulations established in the City. Employees will report all unsafe conditions or practices to their Supervisor. Employees are responsible for reporting all injuries, no matter how minor, to their Supervisor. C. The City provides, at its expense, certain items of safety equipment that must be wom by employees to whom the safety equipment has been issued at all times during work hours unless directed otherwise by immediate Supervisors. D. Failure of an employee to use issued safety devices and/or failure of an employee to file a written report of injury sustained on the job may result in disciplinary action up to and including termination. E. City vehicles shall be operated in strict compliance with all laws which apply to motorvehicles in the State of Florida. This indudes the Florida Seat Belt Law. Violators will be responsible for any fines incurred and subject to disciplinary action. F. The Safety Officer will review safety infractions/incidents which have or could result in loss of productivity, property, efficiency, or other liability to City operations, and may recommend corrective action to the Department Directors. 11.11 JOB RELATED HEARING 1 1111110 0 As a condition of employment, any employee may be required, upon due notice, to cooperate with respect to any job - related hearing or inquiry conducted by any person authorized by law to conduct such hearing or inquiry, and, in particular by the City Manager, or any person, committee, board or body authorized to act on their behalf. If any employee willfully refuses or fails to appear or appears but refuses to answer any questions relating to matters arising out of City employment which may be asked by the Department Director or any other authorized person or official, the employee may be immediately terminated from City employment. 11.12 NOTIFICATION OF CRIMINAL CHARGES An employee is responsible for immediately notifying his Supervisor and Personnel Directorwhen information has been filed by a prosecuting official against him for any job related offense or crime of moral turpitude as defined in Section XII, Paragraph 12.02 A.7.b. 11.13 STRIKES AND LOCKOUT Employees shall have no right to instigate, promote, sponsor, engage in, or condone any work stoppage, boycott, slow -down, strike, intentional disruption of City operations, orwithhold services for any reason. Each employee also occupies a position of special trust and responsibility in maintaining and bringing about compliance with the strike prohibition of Section 447.505, Florida Statutes, and of the Constitution of the State of Florida. low Revision October 4, 1999 36 11.14 OUTSIDE EMPLOYMENT Employees are not restricted from engaging in other employment during their off -duty hours. City employment shall 'tor be considered the primary employment and no employee may engage in outside employment which would interfere with the interest of the City service or violate the code of Ethics for Public Officers and Employees, Part III, Chapter 112, Florida Statutes. Priorto engaging in other employment the employee must notify their Supervisor and their Department Director. Priorto engaging in other employment, a Department Director must obtain authorization from the City Manager. 11.15USE OF CITY PROPERTY A. Employees are expected to exercise reasonable care in the safekeeping, use and preservation of City equipment, tools, vehicles, materials, uniforms, etc. Personal use of City equipment, materials, tools, supplies, etc., is normally not permitted and may constitute a criminal offense. Employees who use City property while off-duty shall have priorwritten approval of the City Manager or designee including dates, location and purpose of use. Employees shall retum City property upon expiration of approval or upon request of their Supervisor. B. All employees shall promptly report in writing to their Supervisor the loss, damage or unserviceable condition of any City property. low C. Negligence in the use and care of City property, including abuse, misuse, willful or negligent loss or destruction will result in the employee being responsible forthe first two hundred ($200.00) dollars for the repairs or replacement of the City property. Said negligence may result in disciplinary action, the requirement for further restitution or prosecution. 11.16 WEAPONS IN THE WORKPLACE Possession, use, or threat of use, of a deadly weapon is not permitted on City property, including in City vehicles, in City owned, leased, or rented facilities, or in private vehicles parked on City property. An exemption will exist when possession of, or use of such weapon is a necessary requirement of the job and approved by the City Manager. A "deadly weapon" may be defined as any object used or threatened to be used in an offensive or aggressive manner in relation to the facts of a given situation. It is the City policy to strongly enforce this high priority ban on weapons at work. Possession of a deadly weapon, even without its use, is a violation of City policy. Due to the high priority on enforcement of this policy, such serious disciplinary action, including termination, may occur even on a first offense. Revision October 26, 1999 37 11.17 USE OF E -MAIL, COMPUTERS AND PHOTOCOPIER The intent of this policy is to identify the City's position conceming the use of the electronic E -mail system, computers and photocopiers by employees, supervisors and directors. Management has the authority and responsibility for the systems. A. Computers, computer files, E -mail systems, photocopiers and software fumished to Employees are office property and intended for business use. Employees should not use a password, access a file, or retrieve any stored communications without authorization. To ensure compliance with this policy, photocopier, computerand E -mail usage may be monitored. Employees should not therefore assume that electronic communications are personal and confidential and should be aware that they may be monitored and /or disclosed by the City of Edgewater without the permission of the Employee. B. The City of Edgewaterstrives to maintain a workplace free of harassment and sensitive to the diversity of its employees. Therefore, the City of Edgewater prohibits the use of photocopiers, computers and the E -mail system in ways that are disruptive, offensive to others, harmful to morale orwhich could constitute unlawful sexual or racial harassment. Misuse of these systems include reproducing or transmitting images of a sexual nature, ethnic slurs, racial comments, off -color jokes, or anything that may be construed as harassment or showing disrespect for others. C. E -mail may not be used to solicit others for commercial ventures, religious or political causes, outside organizations, or other non - business matters. D. The City of Edgewater purchases and licenses the use of various computer software for business purposes and does not own the copyright to this software or its related documentation. Unless authorized by the software developer, the City of Edgewater does not have the right to reproduce such software for use on more than one computer system. The City of Edgewater prohibits the illegal duplication of software and its related documentation. E. Employees should respect the confidentiality of other employee's electronic communications and may not attempt to determine passwords, or breach computerand network security measures or monitor electronic files or communications except by explicit direction of management. F. Employees should notify their immediate supervisor, Department Director, or the City of Edgewater's designee upon leaming of violations pfthis policy. Violations could result in discipline up to and including discharge. Revision October 4, 1999 38 SECTION XII - DISCIPLINARY ACTIONS 12.00 GENERAL A. The Department Director is responsible forthe proper and efficient operation of his department and *Nor for enforcing all policies and regulations. It is the responsibility of all employees to observe the policies and regulations necessary for the proper operation of the department in which they work. B. Disciplinary action may be imposed upon an employee for conduct or actions which interfere with or prevent the effective and efficient performance of a department's responsibilities. The purpose of such disciplinary action shall be to effect correction of employee conduct rather than to be solely punitive. C. The type and severity of disciplinary action shall be related to the gravity of the offense, the employee's record of disciplinary action, length of service, and actions taken in similar cases, both within the department and in other departments. D. Any adverse action taken against an employee must be based on cause supported by sufficient evidence, be consistent with othersuch actions taken throughout City govemment, and be fair and equitable. E. The initiation of disciplinary action for all employees shall: 1. Identify elements of an employee's conduct, work habits and /or performance contrary to the rules, regulations, policies, procedures, and /or objectives of the department, and /or the City. 2. Provide constructive feedback to the employee. 3. Encourage employees to cooperate and be productive members of the workforce. 4. Correct or improve improper or deficient employee performance or behaviorwhich is seen or viewed by the Supervisor to be less than acceptable. 5. Provide documentation of the Supervisor's efforts and communication to the employee regarding his performance. 12.01 DISCIPLINARY ACTION AUTHORITY It shall be the responsibility of the respective Supervisor to: A. Review the performance of assigned employees. B. Identify and recognize employee offenses against or contrary to these policies, procedures, and /or department operating procedures. C. Document, initiate and select appropriate preventive and corrective disciplinary measures. D. Forward proposed appropriate disciplinary actions to the Department Director and the Personnel Director for review. * E. Carry out the appropriate disciplinary actions after the Department Director's and the Personnel Director's clearance is provided. F. Assure that the Personnel Director receives completed copies of all disciplinary actions taken against an employee. Revision October 4, 1999 39 12.02 INAPPROPRIATE /UNACCEPTABLE BEHAVIOR The following is a list of prohibited activities. Some activities are so serious in nature that termination is appropriate without regard to the employee's length of service, prior conduct and performance record. Other activities will result 'our in lesser degrees of disciplinary action. Employee behavior will be evaluated based upon all relevant factors. 1. Insubordination: Failure, or unreasonable delay, in carrying out specific instructions given by a Supervisor. Blatant disregard of supervisory instructions. Failure to cooperate with supervisory direction. 2. Physical Harm /Assault: Assault on or inflicting bodily harm on another employee, Supervisor, or member of the public. Assault is defined as an (indirect or direct) threatening or aggressive action or language toward another employee, Supervisor, or member of the public. 3. Theft or Pilfering: Possessing, taking, removing, destroying, or tampering with City property without proper authorization. 4. Malicious or Willful Destruction (Abuse) of City Property: Malicious or willful destruction, negligence or abuse of City property, equipment or facilities. Damage to property by failing to use proper equipment, care, and /or good judgment. 5. Fraud or dishonesty: Falsification of City records or record keeping, e.g., employment applications, attendance records, payroll records, purchasing activities, etc. Noir 6. Drug /Alcohol Use: See list of prohibited activities in Section 11.09. 7. Violations of Law: a. Pleading guilty or nolo contendere to ajob related felony, misdemeanor or misdemeanor involving moral turpitude. Being found guilty of ajob related felony, misdemeanor or misdemeanor involving moral turpitude. b. "Crimes of moral turpitude," asthatterm is used herein, includes any criminal conviction or plea of nolo contendere, undera city, county, state, or federal ordinance, regulation, statute, or law, where the criminal act or conduct involves conduct contrary to justice, honesty, modesty, community morality, or good morals, generally. A crime of moral turpitude thus includes, but is not limited to, any crime, the commission of which, reflects adversely on a person's reputation, integrity or reliability, orwhich otherwise brings, tends to bring, or may reasonably be expected to bring, discredit or disrepute upon that person or that person's employer. 8. Conflict of Interest: Violating Code of Ethics for Public Officers and Employees, Part III, Chapter 112, Florida Statutes. Nur 9. Safety Violations: Unauthorized possession and /or use of weapons, ammunition or explosives. Neglect in the safety of others or the committing of unsafe acts in the use and care of City property or equipment. Revision October 4, 1999 40 10. Unauthorized Absences: Failure to report to work for three (3) or more consecutive working days without prior authorization from the employee's Supervisor or his designee. 11. Strikes: Instigation, promotion, sponsorship, engagement in, or condonement of any work stoppage, boycott, slow -down, strike, intentional disruption of City operations, or withholding of services for any reason. 12. Dangerous Horseplay: Pranks resulting in physical harm or property damage. 13. Misconduct: a. Gambling on City time and property. b. Smoking in restricted areas. c. Any act or language which adversely affects morale, production, orthe maintenance of discipline. d. Rudeness or acts of disrespect to the public, Supervisors or co- workers. 14. Absenteeism /Unauthorized Absences: Habitual or excessive absences from work even if caused by legitimate illness. 15. Incompetence: Incompetence or inefficiency in performance of assigned duties. Now 16. Tardiness: Failure to be present at the beginning of the workday, start of a work shift, or when work assignments are being issued. 17. Misuse of City Time: Sleeping or other acts of inattention or neglect of duty. 18. Abuse or Violation of City Policies: Abuse orviolation of City policies, including the provisions of these policies and procedures, any department operating policies or procedures, or otherwise established rules and regulations not constituting a major offense. 19. Leaving Assigned Work Area: Leaving assigned work area or work site, except for emergencies or when approved by the supervisor. 20. Inducement: Attempting to induce any officer or employee of the City to commit an act in violation of any lawful or reasonable policy or regulation. 21. Safety Violations: Niror Failure to observe City safety practices and regulations. Revision October 4, 1999 41 22. Illegal Driving: a. Failure to notify the Supervisor if a license becomes denied, expired, restricted, suspended or revoked, where a valid driver's license is required in the employee's job description. N— b. Driving a private or City vehicle while on City business when not possessing a valid driver's license. c. Permitting unauthorized individuals to ride in or drive a City vehicle. d. Failure of a driver and /or passengers to wear seat belts while driving or riding in a City vehicle. 23. Loss of Minimum Qualification(s) Required for Current Position: Loss of required license or certificate or other job requirement during employment. 24. Nepotism: Hiring or recommending the hiring of a relative in the same department over which one has some degree of authority. 25. False Statements: Making intentionally false statements, either verbally or in writing, about the City, other employees, themselves, Supervisors, or work situations. 26. Discrimination or Harassment : See Section 11.07 for list of prohibited activities. 27. Personal Use of City Property: Personal use of City equipment, materials, tools, supplies, etc., is normally not permitted and may constitute a criminal offense. Where any Cityequipment, materials, tools, supplies, etc., isto be used for any non -City purpose (e.g., a civic or charitable event), such must be approved by the City Manager in writing. 28. Promotion of Private Business: Promotion of private business for personal gain orbenefit within any City building or on City property on City time, which adversely affects employee productivity. 29. Personal Calls: Receiving an excessive amount of personal phone calls while on City compensated time. "Excessive" shall be defined as that which has a significantly negative impact on the specific work operation of the employee as determined by the Supervisor. 30. Incarceration: Failure to notify the Supervisor or Department Director within twenty -four (24) hours of incarceration for an offense, charge, or alleged crime. Revision October 12, 1999 42 12.03 ACTION TO BE TAKEN FOR INAPPROPRIATE/UNACCEPTABLE BEHAVIOR A. Counseling Statement The purpose of a counseling statement is to allow the Supervisorto bring to the employee's attention the need for improving his performance, work habits, behavior or attitude and to serve as a warning against further repetition ofthe unsatisfactory conduct. The Supervisor should utilize the occasion to identify and define the area needing improvement and inform the employee as to how such improvement can be realistically achieved. Counseling statements are be documented and include the result of any further violation. - B. Written Warning. In situations where verbal wamings have not resulted in the expected improvement or when an employee commits a major offense, a written waming should be given to the employee. This should include a complete description of the incident(s) of misconduct and refer to specifictimes, dates, locations, personnel involved, rules violated and the result of any further violation(s). C. Suspension. In the event of continued and repetitive offenses for which the employee has already received documented verbal and written wamings orwhere the nature of the offense is relatively serious, an employee may be suspended for a specific period of time. `w► D. Dismissal. For unremedied, or not remediable lesser offenses, or repetition of serious offenses, or on the first occurrence of a major offense, an employee may be dismissed from City employment. Disciplinary actions shall be no more severe than reasonably necessary to correct the behavior and/or performance of an employee to meet the standards established in these personnel policies. In cases where an investigation may have to be made of the employee's conduct orofthe seriousness of the offense, an employee should be placed on indefinite suspension which may be changed to dismissal depending on the results ofthe investigation. Such suspension may be with orwithout pay and requires the prior approval of the City Manager. All disciplinary action measures shall be accomplished in a private place in an informal setting, by discussion between the Supervisor, other reviewing official, and the employee. However, in all cases, the supervisory employee initiating the disciplinary action shall be present in the disciplinary action discussion with the employee. In cases of suspensions or terminations there may be exceptions to this procedure. Nor Revision October 4, 1999 43 Narr 12.04 PRETERMINATION ACTION The following procedures shall apply to all employees except those serving an initial probationary period or a probationary period resulting from promotion, transfer, demotion, or those who elect to utilize the grievance procedure established in the collective bargaining agreement or Section X I I I of this manual. If an employee has been placed on probation for disciplinary reasons after pretermination hearing and termination is recommended again the same reasons, the employee is not entitled to a second pretermination hearing. A. Prior to any involuntary termination of employment, the employee will receive written notice of the proposed action which shall include a written statement of the reasons for such action. B. Upon such notice, the employee will have the right to request a pretermination hearing. The City Manager will serve as the hearing officer. C. At the pretermination hearing, the employee will be given an opportunity to challenge the recommended termination. The employee may be accompanied by a representative of his choice and utilize other individuals to provide information supporting his position. D. Following completion of the hearing, the City Manager will notify the employee in writing 4 karr within five (5) working days of his decision. Revision October 12, 1999 44 SECTION XIII - EMPLOYEE GRIEVANCE POLICY 13.00 GENERAL A. In a mutual effort to provide a harmonious working relationship, it is agreed and understood thata procedure for the resolutions of grievances should be established Every effort will be made by the parties to settle any grievance as expeditiously as possible. B. Should the grieving party fail to observe the time limits set out in this Section, his grievance shall be considered conclusively abandoned. Any grievance not answered by the City within the prescribed time limits shall automatically advance to the next higher step, however, any time period may be extended with the consent of all parties. 13.01 PROCEDURES A. Step I. The employee shall first discuss his grievance with his immediate Supervisor within five (5) working days of the occurrence of the event(s) which gave rise to the grievance or from the date on which the employee became knowledgeable of the cause of action. If the employee was on compensated leave, the five (5) working day period shall commence running immediately upon the employee's return from such compensated leave. This Now first step between the employee and his immediate Supervisor shall be on an informal and oral basis, and shall not involve any other representative of the employee, unless requested by the employee. B. Step II. Any grievance which cannot be satisfactorily settled with the Supervisor shall be reduced to writing within five (5) days of completion of Step I. by the employee and filed with his Department Head. The Department Head shall, within five (5) working days after presentation of the grievance, render his decision in writing. C. Step III. Any grievance which cannot be satisfactorily settled with the Department Head shall be submitted in writing to the City Manager, within five (5) working days of the completion of Step II. The grievance shall be discussed with the employee by the City Managerwithin five (5) working days of receipt of the grievance by the City Manager. The City Manager shall within five (5) working days after this discussion render his decision in writing with a copy to the employee. Revision October 4, 1999 45 SECTION XIV - SEPARATIONS FROM EMPLOYMENT 14.00 TYPES OF SEPARATIONS A. Resignation. A resignation is defined as any act whereby an employee voluntarily leaves City service. An employee who desires to leave City service in good standing should file with his Department Head, a written letter of resignation stating the date and reasons for leaving two weeks prior to the effective date of resignation. The resignation will be deemed accepted when submitted to the Department Head. An exit interview may be held, upon request. Failure to provide at least ten (10) working days notice may be cause for denying such employee future employment with the City. B. Involuntary Resignation (Quit without Notice). Unauthorized absences from work fora period of three (3) or more consecutive working days may be considered as an employee's involuntary resignation, or cause for dismissal. C. Layoff. Resulting from a need to reduce the work force as the result of shortage of work or funds. D. Termination Discharge by the City for violation of rules, policies, unsatisfactory performance, conduct, or inability to perform the essential functions of their job. E. Retirement There is no mandatory retirement age; however, employees approaching retirement age are encouraged to consult the Personnel Director to investigate the availability of their retirement options and benefits. Revision October 4, 1999 46 I AGENDA REQUEST Date: October 15, 1999 PUBLIC HEARING X RESOLUTION ORDINANCE X CONSENT AGENDA OTHER BUSINESS CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: Rezoning of .67 acres from R -3 to B -3 BACKGROUND: Mr. Louis Geil, authorized agent for Mohammad Azam is seeking a rezoning of the lot 20, 21 and a portion of lot 22. The purpose is to develop medium density residential housing (permitted in the B -3 district)as a buffer between low density residential and highway commercial. A development agreement will be provided to the Council for this purpose at a later date. (See l ,, attached staff report). A small scale amendment will be required prior to the zoning taking effect. RECOMMENDATION /CONCLUSION: The Planning and Zoning Board heard the request and voted 7 -0 to recommend to Council the property be rezoned from R -3 single family residential to B -3, highway commercial. FINANCIAL IMPACT: None, FUNDS AVAILABLE: N/A PREVIOUS AGENDA ITEM: YES NO X Submitted by: Concurrence: C.I- j 4 /I 4 Lynne Plaskett Ken Hoope '"- `c Nikki Clayton -J Planning Director City Manager U City Attorney ORDINANCE NO. 99 -0 -24 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM R -3 (SINGLE FAMILY RESIDENTIAL DISTRICT) TO B -3 (HIGHWAY COMMERCIAL DISTRICT) FOR PROPERTY LOCATED EAST OF THE SOUTHEAST CORNER OF U. S. HIGHWAY #1 AND LAMONT STREET; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Luis C. Geil is the agent of record for Mohammad Azam who owns the subject property and has submitted an application for a change in zoning classification from R -3 (Single Family Residential District) to B -3 (Highway Commercial District) for the property described below. *ow 2. On September 29, 1999, the Local Planning Agency considered the application for change in zoning classification and by a vote of 7 -0 the Board recommended that the City Council approve the request. 3. On November 1, 1999, the City Council considered on first reading the proposed change in the zoning classification after publishing notice of such hearing in the Observer on October 23, 1999. 4. On November 15, 1999, the City Council held a public hearing on the application after publishing notice of such hearing in the Observer on November , 1999, and notifying by mail all property owners who own real property directly affected by the proposed action and all property owners who own real property within 500 feet of the subject property. 5. The proposed change in zoning classification is consistent with all elements of the Gt,ack thiOu passages are deleted. Underlined passages are added. 99 -0 -24 1 r Edgewater Comprehensive Plan. 6. The proposed change in zoning classification is not contrary to the established land use pattern. *law 7. The proposed change in zoning classification will not adversely impact public facilities. 8. Changed or changing conditions make the proposed amendment necessary. 9. The proposed change in zoning classification will not have an adverse effect on the natural environment. 10. The proposed change will not have a negative effect on the character of the surrounding area. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA. The zoning classification for the following described property is hereby changed from R -3 (Single Family Residential District) to B -3 (Highway Commercial District): Lots 20, 21 and a portion of Lot 22, except the Easterly 50 feet thereof, according to the plat of A. B. Wilkinson's Subdivision of part of the G. Alvarez Grant, recorded in Map Book 4, Page 91, of the Public Records of Volusia County, Florida. Containing .67 acres. PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA. The Planning Director is hereby authorized and directed to amend the Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the above passages are deleted. Underlined passages are added. 99 -0 -24 2 described property. PART C. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extend of such conflict. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART F. ADOPTION. After Motion by and Second by , the vote on the first reading of this ordinance held on November 1, 1999, was as follows: Mayor Randy G. Allman XXX Councilman Jim Gornto XXX Councilman Myron F. Hammond XXX Councilman Gary W. Roberts XXX Councilwoman Judy Lichter XXX After Motion by and Second by , the vote on the second reading *4kor of this ordinance was as follows: St.da thIu % Ic passages are deleted. Underlined passages are added. 99 -0 -24 3 Mayor Randy G. Allman XXX Councilman Jim Gornto XXX Councilman Myron F. Hammond XXX Councilman Gary W. Roberts XXX Councilwoman Judy Lichter XXX PASSED AND DULY ADOPTED this day of November, 1999. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Susan J. Wadsworth Randy G. Allman City Clerk Mayor APPROVED FOR FORM AND CORRECTNESS: Nikki Clayton City Attorney Noir t1 k tluough passages are deleted. Underlined passages are added. 99 -0 -24 4 PLANNING AND DEVELOPMENT MEMORANDUM Date: September 2, 1999 To: Planning and Zoning Board From: Lynne Plaskett, Planning Director Subject: RZ- 9906/Rezoning Applicant - Luis C. Geil Owner - Mohammad Azam Request: The applicant wishes to change the zoning classification from R -3, Single Family Residential District, to B -3, Highway Commercial, on a .67 acre site. Background: Nor Lots 15 - 21 and all of lot 22, excluding the easterly 50 feet, are under single ownership. The parcels' zoning is split between commercial and residential. The applicant is proposing to have Lots 20, 21 and a portion of Lot 22 reclassified by rezoning the subject property. To the north of the property is zoned highway commercial. Single family residential and highway commercial zoned property bounds the site to the south. To the east is single family residential. Highway commercial bounds the site to the west. The property is currently zoned single family residential. The applicant also requests entrance into a "Development Agreement" for the purpose of multi - family rental dwellings construction. Zoning: Section 604 of the Land Development Code establishes seven standards for the review of small scale zoning changes. Small scale amendments to the zoning map are defined as applications affecting 10 acres of land or less. The subject parcel falls within the threshold for small scale rezoning. 1) Whether the proposed amendment is consistent with all elements of the Edgewater Nor Comprehensive Plan. The subject property and proposed rezoning will not effect the City's ability to provide necessary services as outlined in the infrastructure elements of the Comprehensive Plan. Objective 3, policy 3.3 in the Future Land Use Element address this issue directly. The Housing Element encourages • various forms of housing. This issue is addressed in objective 4, policy 4.1. Page 2 2) Whether the proposed amendment is contrary to the established land use pattern. The proposed site is already bordered by highway commercial business district zones to the north, south and west. The site is also bordered to the east by a single family residential district zone. The proposed land use would provide increased continuity. 3) Whether the proposed amendment would impact public facilities. The adjacent highway commercial business district zone is adequately supported by public infrastructure. The addition of residential units through the "Development Agreement" will not place significant demands on the existing infrastructure. 4) Whether the existing district boundaries are drawn logically in relation to the property proposed for change. There are no problems associated with the district boundaries that affect this property. 5) Whether changed or changing conditions make the proposed amendment necessary. Norisy There are no changes in this area which would affect the subject property. 6) Whether the proposed amendment will have an adverse effect on the natural environment. The proposed change will have no affect on natural resources. 7) Whether the proposed amendment will have a significant effect on the character of the surrounding area. The subject property is already located adjacent to a highway commercial zoned district and a single family residential zoned district. The proposed change will not altar the character of the neighborhood, but should actually enhance it if developed properly. Recommendation: Based on the findings outlined above, the department supports the applicant's request. Staff New suggests the Planning and Zoning Board favorably recommend the rezoning to the City Council. 3 • a 5 - 4 � 21 \_,/- ' , at v■ n e 101Ti ,) , ���i' 1 ,*".... � v 1_. 12 II ` \ X;' v. 3 a'� 26` 117 1 t V r . r4 N6 OtO v ,\ Wttr. a ® Q\( *V \ ‘ ‘ ‘ 10 A 3 U 0 \ 4 S 0 4% 4\ Oti) 0 'r _ sI ‘0110 22 0 REZO 1 % PR❑' ❑S G ° B I T - 3 t s 4 e % /. ' -3 ,traik V \45a ` A0 1 t 0 0 : 0 l aitt^ * A AO ' *, *%1 PR01104ta , VA ititttitit,..0 .. . U .� ,xolt, � P vitr,,,liplowo .r , ,,,, ‘ \ ‘ t . 4, oi *Oki& .., . p , 3 t ‘0 V • ii i AGENDA REQUEST C.A. NO.: DATE: October 18,1999 PUBLIC HEARING RESOLUTION ORDINANCE 5 CONSENT 11-p1-99 OTHER BUSINESS CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: Purchase of three (3) 2000 Ford Crown Victoria police vehicles BACKGROUND: The purchase of these vehicles will replace Units 321/ 95, 308/ 95, 315/ 96 that have accumulated more than 100,000 miles per vehicle. These units exceed more in repairs than is warranted. Each 2000 Ford Crown Victoria with the police package is at a cost ( including options) of $19,513 bringing the total amount of purchase of all vehicles to $58,539. Listing of options provided on the attached. BUDGETARY IMPACT: The amount of $60,000 was included in the fiscal budget, thereby creating a savings of $1,461 RECOMMENDATION /CONCLUSION: Staff recommends Council approve the purchase of three (3) Ford Crown Victoria police vehicles utilizing the Florida Sheriff;s Association bid #99070913 Spec #01 from Don Reid Ford FUNDS AVAILIABLE: (ACCOUNT NUMBER ): Machinery & Equiptment 56640 (SPECIFY IF BUDGET AMENDMENT IS REQUIRED): N/A Previous Aaenda Item: YES NO X Date: Agenda Item No. Respectfully submitted, Concurrence: • Chief Lawrence F. Schumoker enneth '. oop:r Police Department Interim City Manager ikki Clayton City Attorney LISTING OF OPTIONS INCLUDED BASE COST: $19,509.00 DELETION OF ABS SYSTEM: — 400.00 $19,109.00 ADDITIONS: 1. Heavy duty cloth bucket front seat — vinyl rear seat 65.00 2. Left hand 6" spotlight 170.00 3. Limited slip differential 95.00 4. Roof reinforcement 74.00 SUB TOTAL $404.00 TOTAL : $19,513.00 tiwor % 0.4 REME o % ,, FLORIDA SHERIFFS ASSOCIATION P. 0. Box 12519 • Tallahassee, FL 32317 -2519 PHONE (850) 877 -2165 • FAX (850) 878 -8665 No r► WEB SITE: HTTP: / /WWW.FLSHERIFFS.ORG DATE: October 1, 1999 TO: ALL PROSPECTIVE PARTICIPANTS FROM: Gary E. Perkins _Deputy Executive Director /Vehicle Bid Coordinator RE: SHERIFFS' OFFICES & LOCAL GOVERNMENTAL AGENCIES OF THE STATE OF FLORIDA COOPERATIVE BID FOR PURSUIT, ADMINISTRATIVE NON - PURSUIT, UTILITY VEHICLES, TRUCKS AND VANS - Bid No. 99-07 -0913 We are pleased to announce that the Florida Sheriffs Association and the Florida Associa- tion of Counties has successfully conducted its seventh statewide competitive bid for vehicles which includes police pursuit, administrative non - pursuit, utility vehicles, trucks and vans. Bids will be extended and guaranteed to any and all units of local governments, Ire municipalities and /or police agencies within the State of Florida interested in purchasing off this Bid Contract. All interested parties who wish to purchase from this contract may do so by following these simple procedures: ORDERING INSTRUCTIONS 1. Contact the designated dealership (see pages 16 -17) listed in the zone from which you wish to purchase and advise them of your interest to purchase from the Sheriffs' Offices & Local Governmental Agencies of the State of Florida Bid No. 99 - 0913. They will assist you with the placement of your order and answer any questions you may have regarding the vehicles purchased through this program. "tair IMPORTANT NOTE: All agencies ordering any FORD product, please note that the FIN CODE for the Florida Sheriffs Association is "QE065" and should be used in order to obtain the Ford concessions. Also, you must use your FIN CODE as a secondary number. For further information contact the Fleet Customer Information Center at 1- 800 -34- FLEET. Bid Award Announcement (99 - 07 - 0913) 1 2. YOU MUST send a copy of the original purchase order (including FSA's Contract No. 99-07 -0913) you submitted to the participating dealer to: Florida Sheriffs Association P. O. Box 12519 Tallahassee, Florida 32317 -2519 ATT'N: Gary Perkins, Cooperative Bid Coordinator 3. Basic information required on all vehicle purchase orders is listed on Page 19 of this Bid Award Announcement. 4. Agencies which elect to purchase off this contract will be charged an administrative fee by the Florida Sheriffs Association not to exceed $50.00 per vehicle. Invoices will be prepared from the copy of purchase orders submitted to the FSA, which will be cross referenced with the dealer's invoice. This program is designed to provide participating agencies with the most economically priced patrol, administrative non - pursuit, utility vehicles, trucks and vans, tailored to their specific needs, in a prompt and timely manner. One of the unique characteristics incorporated into this program which distinguishes it from others is that this Bid Contract is awarded to the lowest responsible bidder by specification by zone for all police package vehicles and to each of the lowest responsible bidder(s) by manufacturer by specification by zone for all non -police package vehicles. Whereas, under the State Contract the bid is awarded only to the single lowest bidder by ' zone. The Florida Sheriffs Association and the Florida Association of Counties realize that Sher- iffs' Offices, Police Agencies and other units of local governments differ from the state in that they must provide economically based maintenance and stocked parts for their fleets. They must consider overall operational cost of their vehicles instead of just considering "Low Bid" on the purchase of the vehicle. This program's bid award system not only provides the purchaser with the means to make sound decisions on dedicated fleet needs, but also offers the convenience of shopping and purchasing from a single contract. IMPORTANT NOTE: The manufacturers have announced that they would be pro- ducing limited quantities of pursuit vehicles this year and that orders would be processed on a first come first serve basis while quantities last. To be on the safe side, we are advising all agencies to place their orders for pursuit vehicles as soon as possible to ensure delivery of product. On a final note, prospective purchasers are reminded that pursuant to Florida State „ Statute all fees (title, application plate transfer, administrative, etc.) are included in the base price for each vehicle. Purchasing agencies which elect to do their own title work, may wish to consider seeking reimbursement from the dealership for those transfer fees already included in the base price of each vehicle. The Florida Sheriffs Association's and the Florida Association of Counties' bid award for 2 Bid Award Announcement (99 -07 -0913) full size (pursuit and administrative), mid size (pursuit and administrative), utility vehicles, trucks and vans are as follows (zones indicated with a * = specification low bid): FULL SIZE PURSUIT VEHICLES - RWD (Specification #01): " ow' Base Nance of Dealership Type Vehicle Zone Unit Price Orville Beckford Ford /Mercury Ford Crown Victoria * Western $19,513.00 Duval Ford Ford Crown Victoria * Northern $19,518.00 Don Reid Ford, Inc. Ford Crown Victoria * Central $19,509.00 Duval Ford Ford Crown Victoria * Southern $19,582.00 FULL SIZE PURSUIT VEHICLES - FWD (Specification #02): Garber Chevrolet, Inc. Chevrolet Impala * Western $18,438.00 Garber Chevrolet, Inc. Chevrolet Impala *Northern $18,418.00 Garber Chevrolet, Inc. Chevrolet Impala * Central $18,438.00 Garber Chevrolet, Inc. Chevrolet Impala *Southern $18,458.00 FULL SIZE ADMINISTRATIVE VEHICLES (Specification #03): Orville Beckford Ford /Mercury Ford Crown Victoria Western $19,027.00 low Duval Ford Ford Crown Victoria Northern $19,033.00 Don Reid Ford, Inc. Ford Crown Victoria Central $18,998.00 Duval Ford Ford Crown Victoria Southern $19,124.00 Champion Chevrolet, Inc. Chevrolet Impala Western $17,087.00 Champion Chevrolet, Inc. Chevrolet Impala Northern $17,087.00 Michael Holley Chevrolet Chevrolet Impala Central $16,984.36 Maroone Chevrolet Chevrolet Impala Southern $17,085.00 Caruso Chrysler /Plymouth /Jeep Chrysler Concorde Western $19,004.00 Caruso Chrysler /Plymouth /Jeep Chrysler Concorde Northern $18,959.00 Caruso Chrysler /Plymouth /Jeep Chrysler Concorde Central $18,984.00 Caruso Chrysler /Plymouth /Jeep Chrysler Concorde Southern $19,004.00 Hill Dodge, Inc. Dodge Intrepid *Western $16,530.00 Jack Caruso's Regency Dodge Dodge Intrepid * Northern $16,492.00 Jack Caruso's Regency Dodge Dodge Intrepid * Central $16,517.00 Hill -Kelly Dodge, Inc. Dodge Intrepid *Southern $16,530.00 MID SIZE ADMINISTRATIVE VEHICLES (Specification #04): Duval Ford Ford Taurus Western $14,872.00 Duval Ford Ford Taurus Northern $14,862.00 Don Reid Ford, Inc. Ford Taurus Central $14,855.00 Don Reid Ford, Inc. Ford Taurus Southern $14,895.00 Bid Award Announcement (99 - 07 - 0913) 3 MID SIZE ADMINISTRATIVE VEHICLES (Specification #04): (Continued) Base Name of Dealership Type Vehicle Zone Unit Price ' Garber Chevrolet, Inc. Chevrolet Lumina Western $16,394.00 Garber Chevrolet, Inc. Chevrolet Lumina Northern $16,368.00 Garber Chevrolet, Inc. Chevrolet Lumina Central $16,394.00 Garber Chevrolet, Inc. Chevrolet Lumina Southern $16,418.00 Garber Chevrolet, Inc. Chevrolet Malibu Western $15,532.00 Garber Chevrolet, Inc. Chevrolet Malibu Northern $15,497.00 Michael Holley Chevrolet Chevrolet Malibu Central $15,484.71 Garber Chevrolet, Inc. Chevrolet Malibu Southern $15,552.00 Caruso Chrysler /Plymouth /Jeep Chrysler Cirrus Western $15,115.00 Caruso Chrysler /Plymouth /Jeep Chrysler Cirrus Northern $15,070.00 Caruso Chrysler /Plymouth /Jeep Chrysler Cirrus Central $15,095.00 Caruso Chrysler /Plymouth /Jeep Chrysler Cirrus Southern $15,115.00 Hill -Kelly Dodge, Inc. Dodge Stratus *Western $14,536.00 Jack Caruso's Regency Dodge Dodge Stratus *Northern $14,533.00 "'roo Hill-Kelly Dodge, Inc. Dodge Stratus *Central $14,556.00 Maroone Dodge Dodge Stratus * Southern $14,556.00 COMPACT ADMINISTRATIVE VEHICLES (Specification #05): Duval Ford Ford Contour Western $14,222.00 Duval Ford Ford Contour Northern $14,182.00 Don Reid Ford, Inc. Ford Contour Central $14,179.00 Duval Ford Ford Contour Southern $14,282.00 Don Reid Ford, Inc. Ford Focus *Western $12,099.00 Don Reid Ford, Inc. Ford Focus *Northern $11,999.00 Don Reid Ford, Inc. Ford Focus *Central $11,850.00 Don Reid Ford, Inc. Ford Focus *Southern $11,949.00 Garber Chevrolet, Inc. Chevrolet Cavalier Western $12,344.00 Garber Chevrolet, Inc. Chevrolet Cavalier Northern $12,314.00 Garber Chevrolet, Inc. Chevrolet Cavalier Central $12,344.00 Maroone Chevrolet Chevrolet Cavalier Southern $12,306.00 Caruso Chrysler /Plymouth /Jeep Plymouth Breeze Western $12,973.00 Caruso Chrysler /Plymouth /Jeep Plymouth Breeze Northern $12,928.00 Caruso Chrysler /Plymouth /Jeep Plymouth Breeze Central $12,953.00 Caruso Chrysler /Plymouth /Jeep Plymouth Breeze Southern $12,973.00 4 Bid Award Announcement (99 -07 -0913) V \ O' °�l, fi �p - E ASSOC ATION 741 COUNTIES C �'-t►� M FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES 2000 FORD CROWN VICTORIA Specification #01 (Pursuit - RWD) The Ford Crown Victoria purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by specification by zone. ZONE: * Western * Northern *Central *Southern BASE PRICE: $19,513.00 $19,518.00 $19,509.00 $19,582.00 While the Florida Sheriffs Association and the Florida Association of Counties have at- tempted to identify and include those equipment items most often requested by participat- ing agencies for full size vehicles, we realize equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate flexibility into our program, we have created specific add /delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and /or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle(s) you wish to order. NOTE: An official listing of all add /delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add /delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. l oolw * = Specification Low Bid LEGEND FOR DELETE /ADD OPTIONS Eery line will require a DOLLAR VALUE or one of the following abbreviations: Std. = manufacturers standard equip. Incl. = included with base specs. NC = no additional charge NA = not applicable to the vehicle — = option not bid b , _vendor Bid Award Announcement (99 -07 -0913) 27 VEHICLE: Crown Vic Crown Vic Crown Vic Crown Vic DEALER: Orville Duval Ford Don Reid Duval Ford ZONE: * Western * Northern * Central * Southern BASE PRICE: $19,513.00 $19,518.00 $19,509.00 $19,582.00 NS DEDUCT: DELETE OPTIONS Power door locks N/A N/A N/A N/A Rubber heavy -duty N/C N/C N/C N/C floor covering ABS brake system $ 400.00 $ 434.00 $ 400.00 $ 434.00 Full wheel covers $ 14.00 $ 20.00 - $ 20.00 AM /FM radio - - $ 30.00 - ADD: ADD OPTIONS AM /FM cassette radio $ 185.00 $ 185.00 $ 185.00 $ 185.00 Lights; safety alternate $ 75.00 $ 176.00 $ 165.00 $ 176.00 flashing 4" red /blue mounted underside of decklid. Dealer installation acceptable , Heavy duty padded $ 65.00 $ 65.00 $ 65.00 $ 65.00 cloth bucket front seats with rear vinyl bench seat Driver seat only - $ 360.00 $ 360.00 $ 360.00 $ 360.00 6 way power Roof - reinforcement $ 76.00 $ 76.00 $ 74.00 $ 76.00 Rear deck warning $ 295.00 $ 143.00 $ 130.00 $ 143.00 lights - red and or blue, flashing Accessory feed wires for N/C Std. N/C Std. police equipment Limited slip differential $ 95.00 $ 95.00 $ 95.00 $ 95.00 Wiring for lightbar $ 63.00 $ 63.00 $ 62.00 $ 63.00 Roof with hole $ 85.00 $ 85.00 $ 84.00 $ 85.00 Roof without hole $ 63.00 $ 63.00 $ 62.00 $ 63.00 Left -hand pillar $ 170.00 $ 170.00 $ 170.00 $ 170.00 mounted 6" spotlight with clear halogen vire bulb, factory installed Left -hand pillar N/A $ 275.00 $ 200.00 $ 275.00 mounted 6" spotlight with clear halogen bulb, dealer installed 28 Bid Award Announcement (99 -07 -091 VEHICLE: Crown Vic Crown Vic Crown Vic Crown Vic DEALER: Orville Duval Ford Don Reid Duval Ford ZONE: * Western * Northern * Central * Southern BASE PRICE: $19,513.00 $19,518.00 $19,509.00 $19,582.00 Add Options (continued) Rear door locks & $ 22.00 $ 22.00 $ 24.00 $ 22.00 handles inoperative Rear windows $ 22.00 $ 22.00 $ 22.00 $ 22.00 inoperative Safety bumper guards $ 195.00 $ 195.00 $ 185.00 $ 195.00 Speed control $ 215.00 $ 215.00 $ 215.00 $ 215.00 Street appearance group $ 200.00 $ 200.00 $ 200.00 $ 200.00 Third key $ 125.00 $ 35.00 $ 10.00 $ 35.00 Remote keyless entry, N/A $ 145.00 $ 295.00 $ 145.00 may be dealer installed Complete set of shop $ 249.00 $ 225.00 $ 200.00 $ 225.00 manuals ONLY 5/75 Extended Base $ 2,645.00 $ 2,895.00 $ 2,795.00 $ 2,895.00 Care Warranty 5/75 Extended Extra $ 3,660.00 $ 3,885.00 $ 3,750.00 $ 3,885.00 Care Warranty 11 5/75 Extended Premium - - $ 3,750.00 - Care Warranty ($50 deductible) 5/75 Extended Power $ 1,695.00 - $ 1,795.00 - Train Warranty 3/100 Extended Base - - $ 2,150.00 - Care Warranty 3/100 Extended Power - - $ 2,150.00 - Train Warranty Federal Vector lightbar - $ 1,563.00 $ 1,650.00 $ 1,563.00 with smart siren Whelen 9000 FSA - $ 1,322.00 $ 1,650.00 $ 1,322.00 lightbar & siren Federal Streethawk - $ 1,394.00 $ 1,450.00 $ 1,394.00 lightbar, siren Federal smart siren - - $ 650.00 - SS2000 Code 3 MX7391A1 $ 879.00 - - - lightbar 4111N• 4 corner strobe system - $ 354.00 $ 300.00 $ 354.00 Rainshields $ 60.00 $ 68.00 - $ 68.00 Rainshields, 2 door $ 45.00 - - - Silicone hoses $ 320.00 $ 320.00 - $ 320.00 Auxiliary fuse block $ 51.00 $ 51.00 $ 50.00 $ 51.00 Radio noise suppression $ 70.00 $ 70.00 $ 70.00 $ 70.00 Bid Award Announcement (99 - 07 - 0913) 29 VEHICLE: Crown Vic Crown Vic Crown Vic Crown Vic DEALER: Orville Duval Ford Don Reid Duval Ford ZONE: * Western * Northern * Central * Southern BASE PRICE: $19,513.00 $19,518.00 $19,509.00 $19,582.00 'grit Add Options (continued) Cloth split bench - $ 90.00 $ 000.00 $ 90.00 Headlight flashers $ 63.00 $ 87.00 $ 000.00 $ 87.00 Courtesy light disabled $ 15.00 $ 15.00 $ 000.00 $ 15.00 Ignition powered trunk $ 60.00 $ 60.00 $ 000.00 $ 60.00 button, factory Ignition powered trunk - $ 40.00 $ 000.00 $ 40.00 button, dealer Rechargeable mag light - $ 140.00 $ 000.00 $ 140.00 Class III hitch 2" ball - $ 335.00 $ 000.00 $ 335.00 Setina prisoner cage $ 000.00 $ 527.00 $ 000.00 $ 527.00 10S Lexon Keyed alike $ 41.00 - - - Anti-theft, Tremco $ 95.00 - - - Locking gas cap $ 40.00 - $ 40.00 - Switch control $ 75.00 - - - Compact speaker $ 155.00 - - - voile Light /siren /signal $ 548.00 - - - master control system with PA /remote cable Rear deck & mirror $ 367.00 - - - strobe system Federal rear deck - - $ 250.00 - stobes Prisoner cage $ 399.00 - - - Lexon w /lower ext. Smart Vector with $ 1,597.00 - - - signal master Whelen 9310 lightbar $ 1,695.00 - - - Corner strobes /brake $ 508.00 - - - grille strobes /light flashers Front door molding N/C installed Natural gas engine 4.6L $ 4,399.00 - $ 5,487.00 - Hub caps - - N/C - Extended range CNG - - $ 3,590.00 - vire tanks Two -tone paint - - $ 450.00 - 30 Bid Award Announcement (99 -07 -0913) INTER OFFICE MEMO TO : Legal sow- FROM : Lt W.R. Britain DATE : 26 October 1999 REF : State Bid vehicle prices The below prices are taken from the state bid pricing using similar specifications . Using bid # 070 -100 -400 Pursuit Vehicle Base price 19,983 6002 ABS delete - 316 3002 Limited Slip differential 95 5015 Vinyl rear seat 65 9901 Spot light 170 Total 19,997 Using bid # 070 - 100 -404 Base price 19,443 6001 ABS Delete - 334 3001 Limited slip Differential 95 5006 Vinyl rear seat 90 9901 Spot Light 170 9907 Roof Support 76 Total 19,540 Upon reading the difference in the bids I feel that the Florida Sherrifs bid Will give us more of what we want for a cheaper price . fir,► AGENDA REQUEST Date: 10/28/99 Nov PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS CONSENT AGENDA XX OTHER BUSINESS ITEM DESCRIPTION /SUBJECT: Water Plant purchase utilizing state bid of a 4 X 4 Compact Pickup Truck. BACKGROUND: This purchase has been approved as part of the FY 1999 -2000 budget. RECOMMENDATION /CONCLUSION: I request Council permission to purchase the budgeted vehicle through the State bid from Garber Chevrolet -Geo, Inc. at a cost of $15,441.00. FINANCIAL IMPACT: $15,441.00 FUNDS AVAILABLE: ACCOUNT NUMBER: Water/Machinery & Equipment (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PRESENTED BY: Terry A. Wadsworth, Director of Environmental Services PREVIOUS AGENDA ITEM: YES NO X Date: Agenda Item No. Respectfully submitted: Concurrence: / Terry A. W sworth Kenneth Hooper Director of Environmental Services City Manager TAW:dmc . Garber Chevrolet, Inc Page 1 of 1 Garber Chevrolet, Inc. ORDERING INSTRUCTIONS (REV 20 SEP 99) NOTE: ALL ORDERS SHOULD BE DIRECTED TO: SPURS VENDOR NUMBER: 59- 3216251 -001 VENDOR: GARBER CHEVROLET, INC. (A) (REV 1 MAR 99) STREET ADDRESS OR P. O. BOX: P.O. BOX 945 CITY, STATE, ZIP: GREEN COVE SPRINGS, FL 32043 TELEPHONE: 904 - 264 -4502 TOLL FREE NO.: ORDERING FAX NO.: 904 - 284 -0054 REMIT ADDRESS: 500 N. ORANGE AVE. OR P.O. BOX 945 CITY, STATE, ZIP: GREEN COVE SPRINGS, FL 32043 PRODUCT INFORMATION: DIRECT INQUIRY TO: NAME AND TITLE: DANIEL D. DEVRIES, FLEET MANAGER ADDRESS: P.O. BOX 945 CITY, STATE, ZIP: GREEN COVE SPRINGS, FL 32043 TELEPHONE: 904 - 264 -4502 TOLL FREE NO.: URL HOME PAGE ADDRESS: ELECTRONIC MAIL ADDRESS: Nrr 070 - 544 -140 COMPACT PICKUP TRUCK, 4X4 Page 1 of 5 070- 544 -140 COMPACT PICKUP TRUCK, 4X4 (38A) (REV 20 SEP 99) NOTE: This detailed specification is not complete unless it is used in conjunction with Specification Number SRAT -1, Special Requirements All Automobiles and Light Trucks. INTENDED USE USED FOR HAULING BULK MATERIAL, LIGHT DUTY TOWING AND TRANSPORTATION OF UP TO TWO INDIVIDUALS IN DENSE OR REMOTE AREAS. STD. CARGO AREA: 71 inches x 52 inches x 40 inches * STD. WORKING CARGO CAPACITY: 1150 lbs. ** STD. TOWING CAPACITY: 2000 lbs. OPT. CARGO AREA AND WORKING CARGO 83 inches x 52 inches x 40 inches * & 1150 lbs. ** CAPACITY, OPT. 8005: PERFORMANCE OPTIONS CARGO LBS. OR TOWING LBS. Nitre OPT. 2001, MAN. TRANS. 1150 OR 2000 OPT. 2004, TRAILER TOW PKG. 1150 OR 3500 * Distance between wheel housings * * Approx. net capacity, deducting weight of driver and one passenger 10. ENGINE: Gasoline engine, V6, minimum 3.9L; standard alternator and battery; and standard cooling system. 20. TRANSMISSION: Minimum 4 speed automatic with overdrive; minimum two -speed transfer case. 30. AXLES: Limited slip or locking differential on rear axle; automatic locking front hubs or front axle disconnect system. 40. PERFORMANCE ITEMS: Standard instrumentation; power steering. 50. COMFORT ITEMS: Air conditioning; all glass tinted; AM -FM radio; cloth or vinyl seat upholstery. `low 60. SAFETY ITEMS: 4 -wheel anti -lock braking system; dual outside mirrors; interior dome light; air bags driver and passenger. Standard air bag(s) may not be deleted. Fleet deletes for air bag(s) must not be used. 70. TIRES & WHEELS: Four (4) P235/75R15 (tires may be dealer installed if not available from the manufacturer) radial BSW on/off road or all terrain tread tires; manufacturer's standard spare; jack and lug wrench. 070 - 544 -140 COMPACT PICKUP TRUCK, 4X4 Page 2 of 5 80. CHASSIS, FRAME, CAB: Minimum 4950 lbs. GVWR; 1450 lbs. (nominal) payload; wheelbase, 108.( inch minimum, 112.0 inch maximum; fleetside body, minimum 71.0 inch inside box length; front bumper; step -type rear bumper, factory installed, bumper shall have a minimum capacity of 2000 lbs. *4411.- horizontal pull weight and 200 lbs. vertical tongue weight; skid plates or underbody shield package (manufacturer's skid plates may be dealer installed); all manufacturer's standard colors. STATE: GVWR: 5150 PAYLOAD: 1450 90. CONDITIONS: All enclosed Conditions and Requirements shall apply. 070 -544 -140 MAKE: CHEVROLET (38A) DEALER DISCOUNT* MODEL PRICE Western District GARBER CHEVROLET -GEO, INC. 0 CT10603 15463.00(A) Northern District GARBER CHEVROLET -GEO, INC. 0 CT10603 15,441.00(B) Ntaw Central District GARBER CHEVROLET -GEO, INC. 0 CT10603 15,46100(C) Southern District GARBER CHEVROLET -GEO, INC. 0 CT10603 15,463.00(D) NOTE: ONLY THE ABOVE NAMED DEALER(S) IS /ARE AUTHORIZED TO SELL THIS COMMODITY UNDER THIS CONTRACT! SEE FACTORY CUT OFF DATE INFORMATION IN ORDERING INSTRUCTIONS. *Discount for unit for vehicle picked up by ordering agency at contractor's place of business. Approximate delivery time required after receipt of order: STATE USE ONLY BASE VEHICLE: EPA MILEAGE 18 LIFE CYCLE FUEL COST $4 444.00 OPTION: 070 -544 -141 - Option, Compact Pickup Truck, 4x4, Spec. 38A `.r OPTIONS: . 2004 HD trailer towing equipment for towing up to 3500 lbs. GM: Includes these components: 5 -lead wiring CODE: 2004 PRICE: 296.00 harness, HD flasher, HD Class II receiver hitch, 3500 lbs. capacity, installed, with adapter, pin and 2 inch ., diameter ball. 5003 Electronic speed control with resume feature. CODE: ZQ3 PRICE: 395.00 5005 Delete air conditioning. CODE: 5005 PRICE: (496.00) (Credit) 5008 Rain shields over door windows. Auto Ventshade Co. CODE: 5008 PRICE: 64.00 or approved equivalent. 6001 Daytime running lights. CODE: STD PRICE: N/C 8004 Special state color. DOT Yellow (DuPont Centari CODE: 9W3 PRICE: N/C L9069A, GM 9W3, Dodge PYH). Factory painted if MIN. 10 UNITS 'tow available. SEE SPECIFICATION SRAT -1, NOTE 1. 8005 Long bed model, minimum 83.5 inch inside box length. Wheelbase 117.0 inch minimum, 118.0 inch maximum. Minimum 4950 lbs. GVWR; minimum 070 -544 -140 COMPACT PICKUP TRUCK, 4X4 Page 3 of 5 1001 O.E.M. alternative fuel conversion ready engine. To include all internal modifications required for aftermarket conversions for operation of natural gas. sow State engine manufacturer and model no. bid. MANUFACTURER: CODE: PRICE: N/A MODEL NO.: 2001 Manual overdrive transmission, 5 speed, minimum. CODE: M5Q PRICE: (600.00) - (Credit) sow sow . 070 - 544 -140 COMPACT PICKUP TRUCK, 4X4 Page 4 of 5 1450 lbs. (nominal) payload. GVWR: PAYLOAD: CODE: PRICE: N/A 8007 Special state color. Jade Green Metallic (DuPont CODE: 68 PRICE: N/C Centari K9027A). Factory painted if available. SEE NOT JADE - MEADOW GREEN sow SPECIFICATION SRAT -1, NOTE 1. 8009 Roll bar. Must be manufactured by a recognized manufacturer of roll bars, be installed with minimum 7/16" SAE Grade 8 bolts, and must be secured in two places on each side. State manufacturer and model no. bid. MANUFACTURER: STERLING CODE: 8009 PRICE: 329.00 MODEL NO.: R 3525C 8012 Special state colors, two -tone. Olympic White CODE: 8012 PRICE: 360.00 (DuPont Centari K9031A) above dripstrip on body DEALER N '" and DOT Yellow (DuPont Centari L9069A, GM 9W3, Dodge PYH) on remainder of cab. Factory painted if available. SEE SPECIFICATION SRAT -1, NOTE 1. 9904 Manufacturer's Extended Vehicle Warranty. CODE: 6/100 PRICE: 1705.00 Warranty shall be for a period of 6 years or 100,000 miles whichever occurs first. SEE SPECIFICATION EVW 6/100. 9907 Manufacturer's Extended Vehicle Warranty. CODE: 5/75 PRICE: 755.00 r Warranty shall be for a period of 5 years or 75,000 miles whichever occurs first. SEE SPECIFICATION EVW 5/75. 070 -544 -140 COMPACT PICKUP TRUCK, 4X4 Pag9 5 of 5 lour .0 AGENDA REQUEST C.A. NO.: DATE: November 15,1999 PUBLIC HEARING RESOLUTION ORDINANCE CONSENT xxx OTHER BUSINESS CORRESPONDENCE ITEM DESCRIPTION/SUBJECT: Purchase of an additional radio console BACKGROUND: Due to the increased radio traffic four additional telecommunicators are being hired. To accommodate this additional personnel, remodeling and expansion is being done which will require an additional console during peak times and emergencies. Cost of $23,052.75 BUDGETARY IMPACT: The amount of $18,500 was included in the fiscal budget. The difference of $4.552.75 can be taken from this same line item due to savings on police cruisers with no budgetary impact. RECOMMENDATION /CONCLUSION: Recommend the purchase of the console from Communication International as a sole lit `'' source vender FUNDS AVAILIABLE: ACCOUNT NUMBER:: 56640 (SPECIFY IF BUDGET AMENDMENT IS REQUIRED): Previous Agenda Item: YES NO X Date: Agenda Item No. R spectfully submitted, Concurrence: �, C ief Lawrence F. Schumaker Kenneth R. Hooper Police Department City Manager //,-44; C64 Nikki Clayton City Attorney LFS /pt ATTACHMENT C SINGLE /SOLE SOURCE MEMO TO: Purchasing FROM: police Department SUBJECT: Single /Sole Justification FY 2000 Item or Items to be Purchased: Dispatch Console Single Source Vendor: Communication International Address: 4450 US highway 1 Vero Beach , fl 32967 Contact Person: Ted Courson at Daytona Shop 761 -9999 Telephone & Fax: low Justification for single /sole source purchase: See Attached letter from Communication International. This is the equipment used by the entire county. Please Check Appropriate Box. Requested Vendor has the lowest quotes, and is willing to hold prices for entire year. Quotes are attached. Requested Vendor's prices are subject to change, but vendor is willing to offer the City a cost plus % , or % off discount, on all purchases. xx This is xx a one time purchase, an on -going purchase. If on- going, estimated expenditure for the year. $ ''rrr g• — 9D9 1 • , artment Head Signature Date Purdia use Onl Approved by Date SS# • • Oct 25 99 02:37p TED COURSOI`I 904 - 761 -6766 p.l OMMUNICATIONS INTERNATIONAL INC. October 25, 1999 To: Lt. Bill Britton Edgewater Police Department From: Ted Courson - Crestomer Service Manager Communications /nt`l Inc. Dear Sir: The purpose of this letter is to confirm that Communications Int'l Inc. Is the Sole Source Provider in the State of Florida for Ericsson Radio Equipment and factory authorized repair and service. if you have any questions please do not hesitate to call me. *ow c i r ;ezi r S 400 Venture Drive, Suite F • South Daytona, Florida 32119 • Telephone: (904) 761 -9999 • Fax: (904) 761 -4922 Uct Lb bb 1 C: Jbp I tU 1..UUKUII bU4 /b l b /bb p.1 OMMUMCATIONS J[NTL9 INC. facsimile transmittal To: Lt. Britton Fax: 424 -2431 From Ted Courson Gate: 10/18/99 Re: Attached Pages: 3 w /cover cc: George Cawood ❑ Urgent X For Review ❑ Please Comment Please Reply ❑ Please Recycle Lt. Britton, Now Please find attached the proposal that you requested. ! have also included a. 'Scope of Work'. This is something that we have Instituted as a part of our proposals that require both a large amount of equipment. and labor. We think that this will eliminate any question. about who I s responsible for all. aspects. of the work and equipment Involved. If you have any questions please do not hesitate to call me. Thank you, Ted Courson . Oct 25 99 12:56p TED COURSON 904-761-6766 p . 2 C INT'L INC. • •.,.:,.:_; jndian River Comity, FL - Corporate Location 4450 US Highway 1, Vero Beach, FL 32967 Toll Free: 1-888-275-4244 Brevard County, FL Volume County, FL Tam2,2 407-636-9885 904-761-9999 813-887-1 :•:.: *two Collier County, FL Hollywood, FL Lynchburg, VA 941-430-3892 954-967-4349 804-845-3170 Name EDGEWATER PPOLICE DEPT. Attention: LT. BRI1TON Address: P.O. BOX 100 Phone: 424-2425 City, State EDGEWATER, FL Fax: 424 Zip: 32132 Date: October 18, 1999 , - 1 1 1069/103 CPU AND SOFTWARE $8,948.00 $8,948.00 2 1 1069/4 ENHANCED AUDIO ENCLOSURE $5,015.00 $5,015.00 3 1 1069/15 15" MONITOR $509.25 $509.25 4 1 1069/68 INTERNAL CD-ROM DRIVE $195.50 $195.50 5 1 1069/8 DESKTOP SPEAKER 1<11 (2 brktAICEIRS) $1,020.00 $1,020.00 6 1 1069/66 DESKTOP MICROPHONE $16150 $161.50 7 1 1069/57 SINGLE FOOTSWITCH $173.50 $173.50 8 1 1069/63 HEADSET JACK $173.50 $173.50 9 1 1069/70 QUICK RECOVERY CD-ROM $203.25 $203.25 10 1 1069/48 EXTERNAL UNENTERUFITBLE POWER SUPPLY $297.50 $297.50 11 1 1069/48 CUSTOM KEYBOARD $1,445.00 $1,445.00 12 1 U1496E ZYXEL DESKTOP MODEM $1,065.00 $1,065.00 13 1 U1496RE ZYXEIRACKMOUNT MODEM $1,065.00 $1,065.00 'Iry 14 1 19D903628112 CONCENTRATOR CARD AUDIO CABLE $57.00 $57.00 15 1 19D903628P2 CONCENTRATOR CARD DATA CABLE $57.75 $57.75 16 1 2C-330A1371P SWITCH CONTROLLER CABLING $110.50 $110.50 17 1 344A3728P1 LOCAL BUS JUMPER $55.50 $55.50 18 1 LABOR INSTALLATION INCLUDING PROGRAMMING $Z500.00 $2,500.00 Note - Sub Total $23,05175 Purchase Order To: Communications Intl, Inc. Sales Tax MUST HAVE VOLUSIA COUNTY APPROVAL BEFORE ORDERING, TOTAL $23,052-75 Deposit A minimum �5.00 sldpphig and handlingcharge applies to orders shipped totaling less then Balance Due $23,05/75 $500. Manufacturers prioee are subject to change without notice. Presented by TED COURSON Proposal 411 TC 99-219 1 New Title CUSTOMER SERVICE MANAGER Prices in effect for 30 DAYS Source Accepted By . . Oct 25 99 12:S6p TED COURSON 904- 761 -6766 p.3 wry SCOPE OF WORK This scope of work is in reference to the City of Edgewater Police Department's request for a proposal to purchase and have installed one (1) C3 Maestro Dispatch Console. 1. Communications Int'I, Inc., hereafter known as 01, will be responsible for installing the console in a location to be determined by the Edgewater PD. 2. CII will also be responsible for any programming or interfacing of the console with the switch. 3. Per George Cawood, the Radio System Manager for Volusia County, the necessary Audio Card, part # 1 90903302P3 and the necessary Controller Card, part # 19D903299P3 will be provided by Votusia County. Also the equipment necessary to connect the console to the switch via the Spread Spectrum and the Harris Farinon Microwave will be provided by the County Communications Department. w 4. After the console is delivered to CII, installation will begin within one week. Any delays in this schedule, which are not caused by CI1, will not delay billing for the console. Normal billing is 30 days net. Ted Courson Approved by: - Customer Service Manager Date: Communications Intl, Inc. AGENDA REQUEST Date: November 1, 1999 PUBLIC HEARING RESOLUTIONS ORDINANCE OTHER CONSENT 11/15/99 BUSINESS CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: Request for donation for Project Graduation 1999 -00. BACKGROUND: Attached is a request for a donation for Project Graduation, which is received annually. Although funds were not allocated specifically for this project under the Council Promotional line item of the budget, traditionally the Council has approved a donation. The donation for the last four years were each $500. low RECOMMENDATION /CONCLUSION: Council consider donation of $500. FUNDS AVAILABLE: (ACCOUNT NUMBER) 10511 -53480 Council promotional (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES X NO DATE: December 21, 1998 AGENDA ITEM NO. 6.B. Respectfully submitted, *ft.' ( q . /r enneth R. Hooper 1/ City Manager :ejm Attachment c:\agendarequest \projectgrad2000 PR0JE('T UATI ON 2000 According to the National Safety Council Statistics, someone dies in a crash involving a drunk driver every 23 minutes. In Florida alone last year, 946 crashes involved drunk drivers from ages 15 to 19. This is why we, the Parents of New Smyrna High School find PROJECT GRADUATION to be such an important cause not only for our graduating Seniors but for the Community as a whole. PROJECT GRADUATION is a non - profit organization of parents whose goal is to provide a safe, drug and alcohol free celebration, the night of graduation. This all night event aboard the riverboat, The Lady St. Johns, is complete with food, entertainment and prizes. Many scholarships are also awarded to deserving Seniors. ,,. This worthy tradition can continue only through the generous support of community leaders, like yourselves. If you have contributed in the past, we appreciate your support and ask that you continue to help. If you are new to this PROJECT, please join the group of special people whose donations and support will make this evening happen. If you wish to make a donation, please make your check payable to: PROJECT GRADUATION P.O. BOX 2712, NEW SMYRNA BEACH, FL 32170 Any Area Business wishing to donate prizes or scholarships, please contact any of the PROJECT GRADUATION Board Members. Unless requested otherwise, all donations will be recognized. Businesses contributing sizable donations are able to present their Company for advertising and recruitment to Graduating Seniors through flyers, etc. - Ask us How? THANK YOU VERY MUCH FOR YOUR GENEROSITY AND SUPPORT! YEAR 2000 PROJECT GRADUATION BOARD MEMBERS: Chuck Jessup - 428 -3085 Cheryl Flanagan - 424 -8215 Pam Burkard - 409 -3123 Margaret Llewellyn - 423 -8300 FIND PROJECT LEGEND BUILDINGS D OPEN AREA PONDS 0 PAVEMENT ■�� PHASE BOUNDARY FIND PROJECT DRAFT CODE ENFORCEMENT POLICIES AND PROCEDURES General Summary: The primary purpose of Code Enforcement is to insure compliance with the adopted Land Development Regulations (LDR's) and Code of Ordinances for the City of Edgewater. The Code Enforcement Officer (CEO) is responsible for receiving and evaluating code related complaints, patrolling the city for possible code violations, investigations ofpossible code violation and providing education/communication for the general public. The Code Enforcement Officer prepares cases to be heard by the Citizens Code Enforcement Board Compliance Policies and Enforcement Procedures: 1.1 Complaints concerning possible code violations are received by telephone, voice mail, written correspondence, referrals, or by patrol activity. The Code Enforcement Officer will review the possible complaint and ascertain the type of complaint, and the location of the alleged violation. The Code Enforcement Officer will ask for the name, phone number and address of complainant. If the person refuses to reveal the name or address the complainant, it will be listed as an "anonymous complaint." The Code Enforcement Officer will then process the complaint in accordance with the Code Enforcement Policies and Procedures. 1.2 Scheduled dates for code patrolling shall be determined by the Building Director and assigned to each Code Enforcement Officer. The Code Enforcement Officer will investigate complaints along with other scheduled patrols. 1.3 The scheduled patrol will consist of reviewing recently received complaints, follow up inspections and patrolling for possible code violations. The patrol will be conducted within sections of the City as determined by the Building Director. ( CodeEnforcementBoard / CodeEnforcementPolicies &Procedures)1 1.4 The Code Enforcement Officer will ascertain if a code violation may exist. If the Code Enforcement Officer is unable to determine the location of the alleged violation he /she will approach the described property to determined if a possible code violation exits. The Code Enforcement Officer will first approach the front door of the premises to locate the owner or tenant. The Code Enforcement Officer will seek permission to enter the owner or tenant's property for the right to investigate the alleged code violation. If the owner or tenant does not give permission, the Code Enforcement Officer will leave the property and report the situation to the Building Director. If no one is present, the Code Enforcement Officer will make a field observation to determination if a code violation does exist and what corrective action is necessary. The Code Officer will leave a "Notice of Code Violation" describing the violation(s) with the requested corrective action and schedule for correction. The Code Enforcement Officer will log the date and time of the investigation on the complaint/patrol sheet and on the daily log. All complaints or patrols investigated will be entered into the computer Code Enforcement Program. Follow up actions shall also be entered until the code violation is in compliance or the case is heard before the Citizen Code Enforcement Board. 1.5 Follow up inspections shall be performed in a timely manner in accordance to the "Notice of Code Violation ". The timetable for follow up inspections will be closely kept to insure compliance. The Code Enforcement Officer will determine if corrective action was taken and if the code violation has been brought into compliance. If the Code Enforcement Officer determines the violation was corrected it shall be noted in the inspection log and complaint/patrol sheet. If the violation was not corrected, as required on the "Notice of Code Violation ", the Code Officer will prepare a "Letter of Notice" to be sent by regular mail to the tenant /property owner. 1.6 The reinspection of the violation shall take place on the date stated in the "Letter of Notice." The Code Enforcement Officer will visit the site and determine if corrective action has taken place. The Code Enforcement Officer will note the complaint/patrol sheet and daily log as "In Compliance" if the corrective action has been completed in accordance with the "Letter of Notice." The inspection date and time will be noted on the "Letter of Notice ". 1.7 If re- inspection of the code violation(s) found only a partial correction of the violation(s), the Code Enforcement Officer will determine if additional time is needed to complete the correction. The Code Enforcement Officer will log the date and time of the reinspection on the complaint/patrol sheet and shall note the amount of correction that was completed. The Code Enforcement Officer will determine if additional time is to be given to fully correct the violation. If the Code Enforcement Officer determines that insufficient corrective action was performed, the Code Enforcement Officer shall note on the complaint/patrol sheet and daily log what code ( CodeEnforcementBoard/ CodeEnforcementPolicies &Procedures)2 . violation(s) still exist. The Code Enforcement Officer shall notice the owner /tenant of the lack of compliance and issue a "Not In Compliance" form. 1.8 The Code Enforcement Officer shall issue a "Notice of Violation" when the code violation has not been corrected in the time prescribed by the Code Enforcement Officer. The "Notice of Violation" shall be sent by certified mail. The "Notice of Violation" shall state the Section of the Code that is in violation and the corrective action needed to bring the code violation into compliance. The "Notice of Violation" will state the time period in which the violation must be corrected or the owner /tenant will be required to appear before the next scheduled Citizen Code Enforcement Board Hearing. The "Notice of Violation" shall place the - owner /tenant on notice that failure to achieve compliance with the City's Code may result in fines and liens being placed against the property. 1.9 The Code Enforcement Officer shall re- inspect the property after the prescribed time period given in the "Notice of Violation" letter. The Code Enforcement Officer will take photographs of the violation(s) with a dated camera. The Code Enforcement Officer will schedule the owner /tenant for appearance before the next scheduled Citizen Code Enforcement Board meeting. 1.10 The Code Enforcement Officer shall prepare the case for presentation before the Citizen Code Enforcement Board. ( CodeEnforcementBoard/ CodeEnforcementPolicies &Procedures)3 • 2.1 The Code Enforcement Officer shall prepare the "Notice of Violation Hearing" to be sent to the owner /tenant, by certified mail, return receipt requested, informing them of the date and time of the Citizen Code Enforcement Board Hearing. The "Notice of Violation Hearing" must be sent no less than two weeks prior to the meeting date of the Citizen Code Enforcement Board (3r Thursday of the month). 2.2 The Agenda for the Citizen Code Enforcement Board shall be prepared ten days prior to the scheduled Citizen Code Enforcement Board meeting. If the return receipt - from the certified mailing of the "Notice of Violation Hearing" has not been returned to Code Enforcement, the property will be posted with a "Violation Notice of Hearing" no less than ten days prior to the scheduled Citizen Code Board meeting. 2.3 The Agenda for the Citizen Code Enforcement Board shall be reviewed by the City Attorney prior to advertisement of the Citizen Code Enforcement Board meeting. 2.4 The Agenda for the Code Enforcement Board must be advertised in a local newspaper of general circulation no later than eight days prior to the Citizen Code Enforcement Board meeting. 2.5 No later than seven days prior to the Citizen Code Enforcement Board meeting, the Agenda shall be hand delivered to all members of the Citizen Code Enforcement Board. 2.6 The Code Enforcement Officer shall inspect all Agendaed items and report any changes on site to the Citizen Code Enforcement Board. 2.7 The Citizen Code Enforcement Board shall meet on the third Thursday of each month at 5:30 p.m. in the Community Center, 102 N. Riverside Drive, Edgewater, Florida. All meetings of the Citizen Code Enforcement Board shall be advertised in the local newspaper and are subject to the "Sunshine Law ". ( CodeEnforcementBoard / CodeEnforcementPolicies &Procedures)4 Q 4O 4). ' THE CITY OF EDGEWATER POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100 .....) VETERANS PARK ADVISORY COMMITTEE JIM GORNTO 423- 4906 -H 600 N. RIVERSIDE DR. 428- 2100 -W COUNCILPERSON OTHER APPOINTMENTS VOLUSIA COUNCIL OF GOVERNMENTS MAYOR ALLMAN 428- 6559 -H 2731 WILLOW OAK DR. VOLUSIA COUNTY METROPOLITAN PLANNING ORGANIZATION MAYOR ALLMAN 428- 6559 -H 2731 WILLOW OAK DR. COUNCILMAN GORNTO ALT. 423- 49 -0 -H 600 N. Riverside Dr. VOLUSIA COUNTY WATER ALLIANCE 423- 4499 -H COUNCILWOMAN JUDITH LICHTER 826 NAVIGATORS WAY ALT VICE MAYOR GARY ROBERTS 428- 4645 -H 2411 PINE TREE DR. VOLUSIA GROWTH MANAGEMENT COMMISSION KAREN A. HALL- (Appointed until 2002) 427- 9230 -H 519 WILDWOOD DR. (Council Appointment) VOLUSIA COUNTY M P 0 CITIZEN ADVISORY COMMITTEE EDWARD KEENAN 426- 6293 -H 1905 PINE TREE DRIVE (Council Appointment) VOLUSIA 2020 STEERING COMMITTEE- Emergency Mangement JOE DALY 629 PORTSIDE LANE (Council Appointment) 427 - 6629 -H November 15, 1999 i EW 41' THE CITY OF EDGE WATER IRMENIENInang POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100 4 IT4 L1 `` 1. VETERANS PARK ADVISORY COMMITTEE (Appointment needs to be member of Council) 2. VOLUSIA COUNCIL OF GOVERNMENTS (Prefer Mayor and Councilmember as alternate) 3. VOLUSIA COUNTY METROPOLITAN PLANNING ORGANIZATION (Prefer Mayor and Councilmember as alternate) 4. VOLUSIA COUNTY WATER ALLIANCE (Appointment needs to be member of Council alternate needs to be appointed) 5. VOLUSIA GROWTH MANAGEMENT COMMISSION (Citizen appointment) 6. VOLUSIA COUNTY M P 0 CITIZEN ADVISORY COMMITTEE (Citizen appointment) 7. VOLUSIA 2020 STEERING COMMITTEE (Citizen appointment- emergency management experience) i1. AGENDA REQUEST Date: 11/5/99 PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS CONSENT AGENDA OTHER BUSINESS XX ITEM DESCRIPTION /SUBJECT: Air Park Road/Park Avenue Wastewater Collection Improvements/Water Main Extension Engineering Proposal from Quentin L. Hampton Associates, Inc. BACKGROUND: In an effort to stimulate economic development and provide for an increase in the City's tax base from commercial/mdustrial properties, City staff has been negotiating with several landowners in the West Park Avenue /Air Park Road area on annexation issues and development agreements. A key to the development of this area is the provision for a * central sanitary sewer collection system. The City is also tying in the water line between Park Avenue and S.R. 442 along Air Park as part of this project to eliminate two dead end water lines and to increase fire flow to the area. The City reviewed proposals from two consulting engineering firms and felt the scope and overview of the projects specifics as submitted by Quentin L. Hampton of Port Orange were the best suited to the City's interests. Quentin L. Hampton Associates, Inc. is under contract as a continuing engineering consultant to the City of Edgewater. RECOMMENDATION /CONCLUSION: Staff is respectfully requesting the Edgewater City Council take the following actions: 1) Authorize Quentin L. Hampton Associates, Inc. to proceed with the design, bidding and construction phases of the Air Park/Park Avenue water and sewer improvements at a cost of $97,400.00. 2) Declare the project to be impact fee eligible per the requirement of the City of Edgewater Code of Ordinances. (Please refer to following excerpts from code relating to this requirement.) Sec. 19 -45. Use of proceeds. The proceeds accumulated by reason of the establishment of an impact fee can be used only for the expansion of the primary water system or the primary sanitary sewer system. Said proceeds my not be used for improving, updating or bringing the present system into compliance with any change in laws brought about by reason of pollution control. Sec. 19 -46. Trust Funds. There are hereby established two (2) trust funds, one designated as (1) impact fee capital improvement trust fund for the expansion of primary water system, and (2) impact fee capital improvement trust fund for the expansion of primary sewer system. All impact fees paid to the city shall be deposited in the appropriate trust fund to be held in separate accounts and used only for the purpose of the expansion of the city's primary water supply systems and the primary waste water treatment system. Funds may be disbursed from these accounts in the customary manner in accordance with appropriate law with the approval of the city council and city consulting engineer. Any funds on deposit in said trust funds which are not immediately necessary for expenditure may be invested in time deposits of banks or trust companies represented by certificates of deposit fully secured as provided by law maturing on a period of eighteen (18) months or less. All such security shall be held in the depository bank, and all income derived therefrom shall be deposited in the applicable trust funds as hereinabove established. The city council may authorize an intrafund advance between the above - mentioned trust funds for the financing of capital expansion of either system. Repayment provisions shall be established by %iv the city council at the time such advance is made. Sec. 19 -10. Equivalent residentialunit(E.R.U.). (g) Potable water system. Includes two (2) broad categories of subsystems which are: 1) Primary system: a. Wells and well pumps; b. Raw water mains; c. High service pumping; d. Storage and repumping; e. Treatment plant; and f. Transmission mains. 2) Secondary or local distribution system: a. House services including metering; b. Six (6) inch and smaller water mains. Sec. 19 -30. Equivalent residential unit (E.R.U.). `,,, (g) Sanitary sewer system. Includes two (2) broad categories of subsystems which are: 1) Primary or sewage disposal system: The primary system is further subdivided into: collector sewers, interceptors, pump stations, force mains, treatment plants, and effluent disposal facilities; and, 2) Secondary of local collection system: The local system includes house service and lateral sewers. A collector sewer is usually defined by governmental agencies as follows: A collector sewer carries flows generated by two (2) or more lateral sewers whether or not it also provides direct services to abutting properties. FINANCIAL IMPACT: $97,400.00 FUNDS AVAILABLE: ACCOUNT NUMBER: Water/Wastewater Impact Fees (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PRESENTED BY: Terry A. Wadsworth, Director of Environmental Services PREVIOUS AGENDA ITEM: YES NO X Date: Agenda Item No. Respectfully submitted: Concurrence: I OW f Terry A. W sworth Kenneth oop Director of Environmental Services City Manager TAW:dmc loay RICHARD W. FERNANDEZ, P.E. TELEPHONE MARK A. HAMPTON, P.E. Quentin L. am Associates, Inc. 904/761 -6810 BRAD T. BLAIS, P.E. Q tl L Hampton Associates p FAX # 904/761 -3977 Consulting Engineers P.O. DRAWER 290247 PORT ORANGE, FLORIDA 32129 -0247 NNW November 8, 1999 Terry Wadsworth Director of Environmental Services City of Edgewater P.O. Box 100 Edgewater, FL 32132 -0100 AIR PARK ROAD / PARK AVENUE WASTEWATER COLLECTION AND WATER SYSTEM IMPROVEMENTS Dear Mr. Wadsworth: It is in the opinion of Quentin L. Hampton Associates, Inc. that the above referenced project is %B indeed eligible for funding by the City of Edgewater Impact Fee Trust Funds for the expansion of the primary wastewater and water systems. —_ Per Section 19 -45, impact fee funds can be used only for the expansion fo the primary water or sewer system. The proposed wastewater facilities and water main are expansions of the primary system and therefore, eligible for impact fee funding. Please contact our office if you have any questions. Sincerely, QUEN L. HAMPTON ASSOCIATES, INC. c. David A. King, P.E. Project Manager DAK:km low cc: Mark A. Hampton, P.E., Vice President, Quentin L. Hampton Associates, Inc. C:\My Documents\My Documents \WPDOCS\Edgewater \terry wadsworth air park road park avenue 11-8-99 wpd RICHARD W. FERNANDEZ, P.E. TELEPHONE MARK A. HAMPTON, P.E. 904/761 -6810 BRAD T. BLAIS, P.E. Quentin L. Hampton Associates, Inc. FAX # 904/761 -3977 Consulting Engineers P.O. DRAWER 290247 PORT ORANGE, FLORIDA 32129 -0247 November 8, 1999 Terry Wadsworth Director of Environmental Services City of Edgewater P.O. Box 100 Edgewater, FL 32132 -0100 AIR PARK ROAD/PARK AVENUE WASTEWATER COLLECTION AND WATER SYSTEM IMPROVEMENTS REVISED PROPOSAL FOR ENGINEERING SERVICES Dear Mr. Wadsworth: We appreciate the opportunity to offer this proposal for the above referenced project. If selected, we will deliver the design and construction administration for efficient and effective wastewater collection and potable water systems for the City of Edgewater. Quentin L. Hampton Associates, Inc. (QLHA) is well qualified to provide the City with these services. Our firm has completed many of these types of projects over the last several years. We are currently nearing the end of construction of a very similar project for the City of Cocoa in which approximately $1.2 million of water /wastewater /reclaimed improvements /extensions were constructed. Like you, Cocoa targeted an unincorporated, mostly undeveloped area adjacent to their City limits for annexation. The City's effort appears to be working by the increase in development interest since the project was started. Even with a change in lift station location due to acquisition problems, QLHA was able to re- design the sewer and manage the project so not to create excessive additional cost or delay of the project. Also, as you well know, we are currently underway with the Rose Bay Area Collection System Improvements -Part 1 project for Port Orange. Again in this instance, the City wishing to annex additional areas in constructing $8 million in wastewater collection systems. In this case, the areas are mostly developed and served by septic tanks. The project was master planned in the beginning to serve all the properties while maximizing the number of pump /lift stations and force mains, maximizing the use of existing City pump stations and maximizing the number of private pump stations that could be abandoned. Your project appears to have many similarities with both of these projects, but at the same time being somewhat unique. QLHA is very eager to work with you and these unique aspects on this project. The attached Scope of Services describes in detail the services which we understand is required and intend to provide for this project. The Fee Proposal is also attached and is in conformance with the payment schedule in our continuing services agreement which was executed March 15, 1999. An opinion of probable construction cost is also included. Per our meeting today, we have revised our last proposal dated November 4, 1999 for the above referenced project. The major changes that were made to our proposal in this revision are: ► Deleted the optional work. ► Combined the wastewater and water main work. ► Revised the Project Inspection hours. We look forward to the opportunity to serve the City of Edgewater on this project. If you have any questions or comments, please do not hesitate to contact me. Sincerely, QUEN L. HAMPTON ASSOCIATES, INC. David A. King, P. . Project Manager DAK:km *we Enclosures: Revised Scope of Services and Fee Proposal (including Preliminary Estimated Construction Cost) — Revised Detailed Itemization of Proposed Fees cc: Mark Hampton, P.E., Vice President, Quentin L. Hampton Associates, Inc. Proposal File, Project File, QLHA Billing File Now • REVISED SCOPE OF SERVICES AND FEE PROPOSAL AIR PARK ROAD/PARK AVENUE WASTEWATER COLLECTION AND WATER SYSTEM IMPROVEMENTS CITY OF EDGEWATER law GENERAL: This Scope of Services and Fee Proposal is in conformance with the Continuing Services Agreement between the City of Edgewater (City) and Quentin L. Hampton Associates, Inc (QLH) that was executed on March 15, 1999. TASK 1- FINAL DESIGN PHASE: ► Basis of Design : As discussed at our September 2, 1999 meeting, QLH will proceed with the final design of the wastewater collection improvements along Air Park Road and Park Avenue that were planned in the Western Reserve Planning Area Water, Wastewater and Reclaimed Water Systems Master Plan prepared by Hartman & Associates, Inc dated May,1996. Per our October 29, 1999 meeting, the force main size will be as large as permittable, up to 12 inches and the water main will be 8 inch diameter with typical valve, hydrant and service spacing. The final design will be also include wastewater flow aspects of the proposed wastewater improvements along Dale Street. Quality control will be completed by the Peer Engineer in the form of design review and consultation. ► Project Limits: Wastewater - The area of work will be Mango Tree Drive between the treatment facility and Park Avenue; Park Avenue between Mango Tree Drive and Air Park Road; and Air Park Road between Park Avenue and the south side of the Executive Hangars commercial property. Water - Along Air Park Road from terminus of existing main to S.R. 442, approximately 4,700 feet. Please note that if the route is to be along the airport runway or the re- aligned Air Park Road, QLH reserves the right to revise fee proposal. ► Coordination: QLH will coordinate all work with the City. Upon notice to proceed, QLH will coordinate a kickoff meeting with City staff. Meetings will be held as necessary with the Dale Street system engineer /developer, other property owners /developers and City staff. QLH will deliver four copies each of the 75% and 100% plans /specifications to the City for review and then coordinate meetings with City staff to discuss each review, as necessary. QLH will coordinate all activities by our subconsultants. ► Permitting: QLH will apply for a Wastewater Collection System Permit from Florida Department of Environmental Protection along with a water facility construction permit and a Right -of -Way Use Permit from Volusia County at the 100% complete phase. An allowance is shown for the permit fees. *ow ► Contract Documents: QLH will prepare complete contract documents including construction plans; general and technical specifications; and bidding /contract documents (per City standard documents). Up to six copies of such documents will be provided to the City. QLH will also prepare a revised opinion of probable construction cost along with this work. ► Schedule: QLH will complete Task 1 within 120 days of the receipt of the notice to proceed. Air Park Road/Park Avenue Proposal Page 1 of 3 TASK 2 - BIDDING PHASE: ► Advertisement: QLH will assist the City in the advertisement for bids. QLH will distribute copies of the project documents to bidders, answer questions from bidders, issue addendums as necessary and attend the bid opening. ► Bid Evaluation: QLH will evaluate all submitted bids for accuracy /completeness and prepare a bid tabulation. The qualifications of the low bidder(s) will be evaluated. This work also includes the evaluation of any alternate bid work or materials. QLH will deliver the bid tabulation and a Recommendation of Award letter to the City. ► Schedule: QLH will complete the above mentioned Task 1 work within the time required by the - City's purchasing policy upon receipt of the notice to proceed. TASK 3 - CONSTRUCTION PHASE: ► Contract Administration: QLH will provide project management with the coordination of the project construction, assembly of conformed contract documents, coordination of a preconstruction conference, review /approval of shop drawings, attendance at project coordination meetings, review /processing of contractor's monthly pay requests, respond to contractor's questions, etc. The Project Manager, David King, will continue to complete /manage this work during this phase. Quality control will be completed by the Peer Engineer in the form of work product review and consultation. Up to a eight month contract time was assumed. Now ► Resident Project Inspection: QLH will supply one fully qualified resident project inspector for full time (eight hours per day, five days per week) inspection for the duration of the gravity sewer and lift station portions of the project. (The City will complete inspection duties on the force main and water main portions.) The Inspector will observe the construction activities, verify conformance with contract documents, review /observe all required tests, maintain a detailed log including red -lined construction drawings, field verify all work quantities, collect/forward citizen complaints, and field direct the contractor as necessary. Quality control will be completed by our Inspection Department Manager and the Project Manager in the form of field visits and work product review. It is assumed that these portions of the project will be constructed within the first two months of the estimated eight month construction time. ► Project Closeout: QLH will complete /collect all of the required closeout paperwork including warranties, as- builts surveys, operations and maintenance manuals, certifications, and permit agency approvals. QLH will also annotate and amend the contractor supplied as- builts with additional information collected by the Resident Project Inspector during the project. ► Schedule: QLH will complete the above mentioned Task 1 work within the estimated contract '''r'` and construction times as described above. Please note that these time frames are estimated, actual field/construction conditions may change times frames. PROPOSED FEES: QLH proposes to complete Task 1, Task 2 and Task 3 for the lump sum of $97,400.00. Air Park Road/Park Avenue Proposal Page 2 of 3 REVISED PRELIMINARY ESTIMATED CONSTRUCTION COST AIR PARK ROAD/PARK AVENUE WASTEWATER COLLECTION AND WATER SYSTEM IMPROVEMENTS CITY OF EDGEWATER N o"' Item Estimated Estimated Extended # Item Unit Quantity Unit Cost Cost 1 12" Diameter Force Main L.F. 8,500 $28 $238,000 2. Lift Station ( #21) L.S. 1 $100,000 $100,000 3. 8" Diameter Gravity Sewer L.F 2,800 $25 $70,000 4. Gravity Sewer Manholes Each 11 $2,000 $22,000 5. Tie -in to Wildwood Lift Station L.S. 1 $5,000 $5,000 6. Tie -in to at WWTP L.S. 1 $3,000 $3,000 7. Valves (in -line & stubouts) Each 10 $1000 $10,000 8. Service Laterals Each 14 $300 $4,200 9. Restoration/Miscellaneous L.S. 1 $12,000 $12,000 Wastewater Subtotal - - - $464,200 10. 8" Diameter Water Main L.F. 4,700 $20 $94,000 11. Fire Hydrant Assembly Each 13 $1,500 19,500 12. Valves Each 8 $800 $6,400 13. Services Each 30 $300 $9,000 14. Restoration L.S. 1 $9,000 $9,000 Water Subtotal - - - $137,900 Water and Wastewater Subtotal - - - $602,100 Contingency - - 15% $90,315 Estimated Total Construction Cost - - - $692,415 Estimate Notes: ``'' (1) Estimated unit cost values per the Hartman report (if used). (2) If routing requires the crossing of County roadways, costs for jack and bores may need to be added. (3) The actual main routing, lift station placement and service locations may effect estimated cost. (4) This estimate does not include land /right -of -way acquisition, wetland mitigation, etc. Air Park Road/Park Avenue Proposal Page 3 of 3 City of Edgewater - Air Park Road /Park Avenue Wastewater and Water Improvements Detailed Itemization of Proposed Fees Prepared by: David King Date: 8- Nov-99 Estimated Construction Cost = $ 692,415.00 Percent QLH = 9.5% Preliminary Design Phase Final Design /Permitting Phase Bidding Phase Construction Phase Hourly Rate Estimated Hours Total Hourly Rate Estimated Hours Total Hourly Rate Estimated Hours Total Hourly Rate Estimated Hours Total QLH: Project Manager $ 95.00 0 $ $ 95.00 20 $ 1,900.00 $ 95.00 4 $ 380.00 $ 95.00 20 $ 1,900.00 Engineer $ 68.00 0 $ - $ 68.00 134 $ 9,112.00 $ 68.00 16 $ 1,088.00 $ 68.00 76 $ 5,168.00 Engineer (Peer) $ 68.00 0 $ - $ 68.00 20 $ 1,360.00 $ 68.00 2 $ 136.00 $ 68.00 10 $ 680.00 Senior Designer $ 45.00 0 $ - $ 45.00 80 $ 3,600.00 $ 45.00 0 $ - $ 45.00 0 $ - Designer $ 42.50 0 $ - $ 42.50 0 $ - $ 42.50 0 $ - $ 42.50 0 $ - CADD Operator $ 45.00 0 $ - $ 45.00 300 $ 13,500.00 $ 45.00 0 $ - $ 45.00 45 $ 2,025.00 Senior Secretary $ 28.00 0 $ - $ 28.00 50 $ 1,400.00 $ 28.00 20 $ 560.00 $ 28.00 80 $ 2,240.00 Administrative Aide $ 30.00 0 $ - $ 30.00 16 $ 480.00 $ 30.00 4 $ 120.00 $ 30.00 40 $ 1,200.00 Const. Project Manager $ 45.00 0 $ - $ 45.00 0 $ - $ 45.00 0 $ - $ 45.00 76 $ 3,420.00 Const. Project Representative $ 37.50 0 $ - $ 37.50 0 $ - $ 37.50 0 $ - $ 37.50 396 $ 14,850.00 Const. Project Representative Mileage $ 0.30 0 $ - $ 0.30 0 $ - $ 0.30 0 $ - $ 0.30 1320 $ 396.00 Subtotal $ - Subtotal $ 31,352.00 Subtotal $ 2,284.00 Subtotal $ 31,879.00 Subconsultants: Survey (Sliger) $ - 0 $ - $ 1,500.00 1 $ 1,500.00 $ - 0 $ $ - 0 $ - Aerials (PDS) $ 0 $ - $ 22,185.00 1 $ 22,185.00 $ - 0 $ $ - 0 $ Env. (Tierra Verde) $ 0 $ - $ - 0 $ - $ - 0 $ $ - 0 $ Struct. (Fraser) $ 0 $ - $ - 0 $ - $ - 0 $ $ - 0 $ Traffic (GLA) $ 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - Geotechnical (Bechtol) $ 0 $ - $ 6,000.00 1 $ 6,000.00 $ - 0 $ $ - 0 $ - Subtotal $ - Subtotal $ 29,685.00 Subtotal $ Subtotal $ - Reimbursables: Reproduction /Copying $ 0 $ - $ - 0 $ - $ 1,200.00 1 $ 1,200.00 $ - 0 $ - HRS Permit Fee $ 0 $ - $ 500.00 1 $ 500.00 $ - 0 $ - $ - 0 $ - FDEP Permit Fee $ - 0 $ $ 500.00 1 $ 500.00 $ - 0 $ - $ - 0 $ SJRWMD Permit Fee $ - 0 $ $ - 0 $ - $ - 0 $ - $ - 0 $ - Subtotal $ - Subtotal $ 1,000.00 Subtotal $ 1,200.00 Subtotal $ - TOTAL $ - TOTAL $ 62,037.00 TOTAL $ 3,484.00 TOTAL $ 31,879.00 Percent of Estimated Construction Cost = 0.0% 9.0%1 1 0.5% 1 4.6% GRAND TOTAL $ 97,400.00 14.1% Percent QLH = 9.5% CITY ATTORNEY PROFESSIONAL SERVICE CONTRACT New THIS CONTRACT made and entered into this&-t I day of arVi , 1998, by and between the CITY OF EDGEWATER, FLORIDA, (hereinafter "City"), and NIKKI CLAYTON, (hereinafter "City Attorney "). WHEREAS, the City desires to have a City Attorney to perform legal services as defined in Section 4.05 of the City's Charter and such other duties as may from time to time be requested by the City Council including but not limited to, supervision of the Legal Department, advising City Council, its Committees, Boards and employees and any and all requirements in regards to legal representation of the City of Edgewater. 'taw WHEREAS, the City desires to employ NIKKI CLAYTON as the City Attorney in connection therewith upon the terms and conditions hereinafter set forth, and NIKKI CLAYTON has indicated her willingness to accept the responsibilities and render legal services to the City as City Attorney upon said terms and conditions. NOW, THEREFORE, in consideration of the mutual covenants and contract hereinafter contained, it is agreed by and between the parties hereto as follows: 1. SCOPE OF PROFESSIONAL SERVICES The City Attorney shall perform all duties imposed on her as the City Attorney by applicable laws, ordinances and regulations, including Section 4.05 of the City Charter (attached hereto and 4 rrr incorporated herein as Exhibit "A "), and such other legally permissible and proper duties as she may be directed to perform by the City Council. This section shall not exclude any individual member of City Council, the City Manager, or City Clerk from seeking legal advice from the City Attorney ( Agreemnt /CityAttorney- NikkiClayton -1998) 1 • on matters related to his or her duties. The City Attorney agrees to perform the functions of her office in a competent and '411..• professional manner. 2. COMPENSATION A. The City Attorney shall be compensated for all services rendered under this Contract in accordance with the Scope of Professional Services. Compensation will be at a rate of one hundred dollars and no /100 ($100.00) per hour. It is estimated that the City's requirement for legal services should not exceed twenty -five (25) hours per week. In order to provide assurance to the City that fees for legal services will not exceed budgeted amounts, the parties agree that the City Attorney's monthly compensation shall not exceed '`r one hundred (100) hours or ten thousand dollars and no /100 ($10,000.00) per month regardless of whether the City's requirement for legal services exceeds the estimated 25 hours per week except as provided in subsection 2(c) hereof. B. The City Attorney shall be reimbursed for reasonable out -of- pocket expenses upon submission of adequate documentation. C. If upon request, approval and instruction by City Council, the City Attorney is requested to perform additional work outside the normal scope of services as provided in Section 1, she shall be entitled to additional compensation. The additional compensation shall be computed by the City Attorney on a fee proposal and submitted to the City for written approval. The fee shall be approved and agreed upon before commencement of the additional work and shall be incorporated by written amendment of this Agreement. If such ( Agreemnt /CityAttorney- NikkiClayton -1998) 2 additional work is required as a result of error, omission, or negligence by the City Attorney, she shall not be entitled to additional compensation. ___ D. At the end of each month, the City Attorney shall submit an invoice for services rendered during the month. 3. CITY'S RESPONSIBILITY The City shall furnish the City Attorney with all existing documentation, files, claims, suits, data, plans, profiles, and other information available and useful in the day to day operation and administration of the City's Legal Department. The City shall defend, save harmless, and indemnify the City Attorney against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of the City Attorney's duties 4110.- except where the City Attorney exceeds the scope of her authority or in the case of a conviction for any crime involving moral turpitude relating to official duties. The City will compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. Said indemnification shall extend beyond termination of employment and the expiration of this Contract whether the notice or filing of a lawsuit for such tort, claim, demand or other legal action occurs during or following the City Attorney's employment with the City. 4. TERM The term of this Agreement shall commence on April 6, 1998 and shall end at will of Council. 5. TERMINATION The City may terminate the Contract for Services with the City Attorney at any time. (Agreemnt./CityAttorney- NikkiClayton -1998) 3 6. SEVERABILITY _ __ All Agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a competent court, this contract shall be interpreted as if such invalid agreement or covenant was not contained herein. 7. ENTIRE AGREEMENT This Contract constitutes the entire agreement between the parties with respect to subject matters. There are no inducements, promises, terms, conditions or obligations made or entered into by either the City or the City Attorney other than contained herein. Any alterations or variations of the terms of this Contract shall not be valid unless made in writing and signed by the parties. 8. NOTICES 4 All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to City Attorney: If to City: Nikki Clayton Mayor 499 Broadview Avenue City of Edgewater Winter Park, Florida 32789 P. 0. Box 100 (407)599 -7905 Edgewater, Florida 32132 -0100 With copy to: Legal Department Now City of Edgewater P. 0. Box 100 Edgewater, Florida 32132 -0100 ( Agreemnt /CityAttorney - NikkiClayton -1998) 4 IN WITNESS WHEREOF, the parties have made and entered into this Contract on the dates listed below. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: /� /L ' /,� y � /s Susan J. Wa sworth ' and ' . Allman City Clerk Mayor Dated p y I g 0 8 WITNESSES: City Attorney (162(-1( (: C N ikki Clayton Dated: 45V-.( ( 19 (Agreemnt/CityAttorney- NikkiClayton -1998) 5 CHARTER § 4.06 (1= Perform such other duties as are specified in this charter • • ay be required by the city council. Sec. 4.03. • ing city manager. By memorandu • submitted to the city count' , the city man- ager shall designate : . ualified city adminis ative officer to ex- ercise the powers and pe orm the duties • ' city manager during the city manager's tempor: . absen - •r disability. The council may revoke such designation : : • time and appoint another administrative officer of the ci .erve until the city manager returns. Sec. 4.04. Creation : departments. The city counc ay establish city departments, ices, or agen- cies in additi. to those created by the charter and m: prescribe the functi. s of all departments, offices and agencies, e : • • t that w no fun on assigned by this charter to a particular dep. • ent, ofli• -, or agency may be discontinued or, unless this charter s. •- ically provides, assigned to any other. Sec. 4.05. City attorney. The city council shall appoint a city attorney and establish the terms of employment and fix the level of compensation. The city attorney must be admitted to the practice of law in the State of Florida. The city attorney shall be the chief legal advisor to, and attorney for, the city council, city manager, city clerk and all city departments, offices, and agencies and shall perform any other duties prescribed by this charter or as may be required by the city council. The city attorney shall report directly to the city council and shall not be under the supervision and direction of the city manager. 4.06. City clerk. The city cou • -hall appoint a city clerk : • :... ish the terms of employment an. . the ley- : 1 The city clerk shall keep the jou . =_ . i `' : cil proceedings and be the ' official cus • •::. o public records. The ci • - • k shall serve as • - ections clerk and shall perform any other du 1 • - • scribed Supp. No. 35 9 i\ L. RESUME NIKKI CLAYTON Address: First Union Building Suite 1400 20 North Orange Avenue `�✓ Orlando, Florida 32801 Phone: (407) 774 -1919 Fax: (407) 774 -1982 Degrees: J.D., University of Florida College of Law, 1972 Fulbright Scholar, University of Montevideo, Uruguay in Economic Development, 1965 -1966 cuxn laude, University of Florida in Economics, 1965; • Certificate in Latin Amarican Area Studies, 1965. Admitted to Supreme Court of the State of Florida, 1972; Supreme practice before: Court of the United States, 1977; U.S. Courts of Appeal, Fifth Circuit, 1975; Eleventh Circuit, 1981; U.S. District Court for Middle District of Florida, 1975. Work Experience: October 1991 to NIKKI CLAYTON - Present: Counsellor at Law October 1990 to POI.K COMMERCE CENTRE Present: Community Redevelopment Agency Counsel January 1993 to UNIVERSITY OF CENTRAL FLORIDA December 1993: Adjunct Professor Department of Public Administration December 1990 to CITY OF EDGEWATER, FLORIDA October 1991 Interim City Attorney July 1989 to BAKER & HOSTE'II3ER October 1991 Partner - Resident in Orlando office December 1988 SEMINOLE COUNTY, FLORIDA to June 1989 Legal Consultant • April 1988 FOSSITT GROUNDWORK, INC. to Present Co- Owner, Vice President Industrial and Commercial Grounds Maintenance 1978 to SEMINOLE COUNTY, FLORIDA December 1988 County Attorney N..r Representing the Board of County Commissioners Seminole County Expressway Authority Charter Advisory Committee Code Enforcement Board Local Planning Agency • Planning and Zoning Board Board of Adjustment Property Appraisal Adjustment Board Metropolitan 11 Authority and, as needed: Sheriff Clerk of the Circuit Court Supervisor of Elections Property Appraiser Pax Collector 1983 to 1988 SEMINOLE COUNTY EXPRESSWAY AUTHORITY Secretary /'Measurer 4 1409 1977 to 1979 INDUSTRIAL DEVELOPMENT COMMISSION OF MID- FLORIDA, INCORPORATED (Non - Profit) Orange County, Florida Counsel (pro bono) 1974 to 1978 MONTGOMERY WARD & CO., INCORPORATED Assistant Secretary and Regonal ,Attorney, Southeastern United States 1973 to 1975 UNIVERSITY OF FLORIDA COLLEGE OF LAW Adjunct Professor of Law 1973 to 1974 INTER AMERICAN CENTER AUTHORITY Miami Lakes, Florida Assistant General Counsel 1972 to 1974 IIELLINEr L MELROSE & DEWOLF Miami, Florida Associate (on leave of absence during appointment to Inter- American Center Authority) 2 August 1972 UNIVERSITY OF FLORIDA COLLEGE OF LAW Macintosh Foundation Study Grant 1989 to 1971 THE BENCH AND BAR, INC. Gainesville, Florida Co- Founder and President • `r.• Professional FLORIDA BAR ASSOCIATION Organizations and Member, Sections on: Environmental and Land Use Law; Activities: Administrative Law; Real Property, Probate and Trust Law; Corporate, Banking and Business Law; Past Chairman - • Local Government Law Section 1985 -1986; Member, Executive Council since 1979; Steering Committee for Governor's Conference on Local Government in the 1990's; Editorial Advisory Board, Stetson Law Review Symposium on Local Government Law; Awarded Certificate of Appreciation, Stetson Law Review; Chairman - Public Finance Committee and Program Chairman for May, 1989 Florida Bar CLE Seminar on Public Finance in Florida; Program Chairman for 9th Annual Local Government Law • in Florida CLE Seminar. UNIVERSITY OF CENTRAL FLORIDA Board of Advisors, Department of Public Administration FLORIDA ASSOCIATION OF COUNTY ATTORNEYS • • Past President; Program Co- Chair: "Coping with the Fair 4iir,. Labor Standards Act after Garcia v. SAMTA" Public Sector Wage/Hour Forum. FLORIDA ASSOCIATION OF COUNTIES Guest speaker on various legal topics at annual and legislative meetings since 1980. ORANGE COUNTY BAR ASSOCIATION Hearing Officer, Citizen Dispute Settlement Pilot Program. Conducted hearing recorded by John Hart for NBC News documentary on courtroom alternatives. • NATIONAL ASSOCIATION OF COUNTIES /NATIONAL ASSOCIATION OF HOME BUILDERS TASK FORCE Appointed in 1987 to 10- member task force to develop national policy regarding financing of infrastructure. Working paper adopted 1988 by both associations. Program to implement policy now in development • ''err 3 • UNIVERSITY OF SOUTH FLORIDA, CENTER FOR PUBLIC AFFAIRS AND POLICY MANAGEMENT Advisory Committee, 'Trends and Practices in Florida Counties" STAR program, 1988 - 1989. UNIVERSITY OF FLORIDA COLLEGE OF BUSINESS ADMINISTRATION *tar Initial Advisory Group, "Technical Assistance in Capital Improvements Planning for Florida Local Governments ", STAR Program, 1987. FLORIDA DEPARTMENT OP NATURAL RESOURCES One of four finalists recommended by selection committee to Governor and Cabinet in national search for Executive Director of FDNNR. COURT RESTRUCTURE COMMISSION 18- member Commission appointed 1985 by Order of Chief Justice of Florida Supreme Court Report published 1986. Professional 1997, 1996, 1995, 1994, and 1993 FLORIDA • Conferences CHAMBER OP COMMERCE, Short Course on Growth Organized or Management, 'Innovations in Land Development • Attended as Regulations." Orlando. .airman, Moderator or 1992 FLORIDA CHAMBER OF COMMERCE, Short Guest Speaker Course *taw • and Correspond- on Growth Management, 'Innovations in Land ing Publications Development Regulations." Tallahassee. 1991 NATIONAL ASSOCIATION OF HOMEBUILDERS (NAHB), Eighth Annual State and Local Government Affairs Conference, "Plenary Session the Many Faces of Growth Management." Washington, DC. 1991 FLORIDA CHAMBER OF COMMERCE, Summer School on Growth Management and Environmental Permitting, "Land Development Regulations," Marco Island. 1991 FLORIDA ASSOCIATION OF COUNTY ATTORNEYS, Continuing Legal Education Seminar - 'Local Government Voting Conflicts Under Florida's Code of Ethics." Orlando. Nov 4 1991 THE NATIONAL INFRASTRUCTURE PARTNERSHIP comprised of 45 nationwide organizations sponsored 'A National Symposium on "Infrastructure: America's Crisis, America's Challenge, America's Future," Moderator and speaker on segment, 'Building Consensus / • Resolving Disputes." Washington, D.C. 1991 NATIONAL ASSOCIATION OF INDUSTRIAL AND OFFICE PARKS (NAIOP), 7th Annual Seminar Financing Development and Infrastructure: Surviving and Prospering in the 90's." Tampa. 1990 FLORIDA CHAMBER OF COMMERCE, Short Course on Solid and Hazardous Waste and Growth Management - "Land Development Regulations," moderator and speaker. St. Petersburg. 1990 FLORIDA GOLF COUNCIL, Fbunding Conference - Attendee. Hyatt Grand Cypress. 1990 NATIONAL ASSOCIATION OF ACCOUNTANTS, Annual Conference - Guest Speaker on "Environmental Law." Daytona Beach. 1990 ORLANDO CHAMBER OF COMMERCE, Leadership Orlando 1990 Faculty Member. 1990 NATIONAL ASSOCIATION OF COUNTIES (NACO), Annual Conference - "Suburban Mobility." Miami. • 1990 GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA), National Conference on Finances Growth:'Ibois and Techniques for the 90's "Infrastructure and Local Government." Portland, Oregon. 1990 AMERICAN PLANNING ASSOCIATION (APA), 1990 National Planning Conference. 'Building Consensus at the Local Level," Denver. Colorado. 1990 FLORIDA CHAMBER OF COMMERCE, Growth Management Short Course - "Land Development Regulations" moderator and speaker. Tallahassee. 1990 GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA), National Conference on Financing Growth: 'bols and Zbchniques for the 90's 'Infrastructure rr.. Financing." Orlando. 5 1990 NATIONAL ASSOCIATION OF INDUSTRIAL AND OFFICE PARKS (NAIOP), Growth Management Conference with'Ibm Pelham, Jon Mills, Dale Twachtinan and Ben Watts. Tampa. 1990 FLORIDA BAR, 13th Annual Local Government Law irr.► in Florida Seminar - `public Finance Law Update." Tampa. 1990 NATIONAL ASSOCIATION OF HOME BUILDERS (NAHB), 46th Annual Convention - 'Infrastructure Financing." Atlanta., Georgia. 1989 FLORIDA ASSOCIATION OF COUNTIES (FAC), 60th Annual Conference - "NACo /NAHB Infrastructure Program." Marco Island. 1989 NATIONAL ASSOCIATION OF HOME BUILDERS (NAHB), Board of Directors Meeting and Builders Conference. Nashville, Tennessee. 1989 FLORIDA BAR, AND NINE ADDITIONAL SPONSORS, Public Finance in Florida - Program Chalrznanx. Naples. 1989 FLORIDA GROWTH MANAGEMENT CONFLICT • RESOLUTION CONSORTIUM, Training Seminar on `' Resolving Growth Management Disputes - Participant Wakulla Lodge, Florida. 1989 AMERICAN PLANNING ASSOCIATION (APA), 1989 National Planning Conference - "Infrastructure Financing." Atlanta, Georgia. 1989 GOVERNMENT FINANCE OFFICERS ASSOCIATION (OFOA), AND THE APA, NAHB AND ULI, A National Conference for Finance Officers, Planners and Developers titled Financing_ Growth, Who Be nefits? Who Pays? and How Much? Orlando. 1989 TUE GOVER ' CE (IN "I.DCAL GuyERllMr r'i r; 1ktutr*,^ sponsored oy Governor's Office, Florida Legislature and the Florida Bar. Steering Committee. Clearwater. 1989 FLORIDA BAR, 12th Annual Local Government Law in Florida Seminar - "Public Records and Sunshine Law 4 0o00 . Recent Cases and Practice Considerations." Ponte Vedra. 6 1989 FLORIDA ASSOCIATION OF COUNTTES (FAC), Legislative Meeting - "Concurrency Management and Implementation of Land Development Regulations." St. Petersburg. 1989 NATIONAL ASSOCIATION OF HOME BUILDERS (MAHB), Annual Meeting - "Florida's Pilot Project for °w- Infrastructure Task Force? Atlanta, Georgia. 1989 NATIONAL ASSOCIATION OF INDUSTRIAL AND OFFICE PARKS (NAIOP), 5th Annual Growth Management Seminar - "Concurrency and Growth Management." Tampa. 1988 NATIONAL ASSOCIATION OF COUNTIES (NACO), Annual Meeting - "Financing Growth and Infrastructure Needs." Los Angeles, California. 1988 NATIONAL ASSOCIATION OF HOME BUILDERS (NABS), Leadership Conference - 'Infrastructure Task Force? Washington, D.C. 1988 FLORIDA BAR CLE, 11th Annual Local Government Law in Florida Seminar - "Local Zoning and the DRI Process." Published in CLE Manual as "Land Use Decisions: The Interrelationship of Chapter 163, Chapter 380 and RezoningLaw." Miami. Now 1988 FLORIDA STATE UNIVERSITY COLLEGE OF -- LAW, Florida's Environmental Future: Issues 1988 - "Local Government Issues in Environmental Reorganization." Tallahassee. 1987 ORLANDO METRO SECTION OF AMERICAN PLANNING ASSOCIATION, Torum on Recent U.S. Supreme Court Land Use Decisions." Orlando. 1987 FLORIDA STATE UNIVERSITY COLLEGE OF LAW, FbrUing Partnerships in Land and Water Management - Conference Moderator. 'Tallahassee. 1987 FLORIDA STATE UNIVERSITY COLLEGE OF LAW, Florida's Water Future: Crisis or Opportunity? - "Local Wetlands Protection Programs." Orlando . 1987 FLORIDA BAR ENVIRONMENTAL AND LAND USE LAW SECTION CLE, Role of Local Government in lase Environmental Decision Making. 7 Community ORLANDO REGIONAL HEALTHCARE SYSTEM Activities: FOUNDATION Board of Directors; Executive Committee; Long Range Planning Committee; Chairman, Special Projects Committee; Co- Chairman, 1986 K.A.RE. Telethon for Arnold Palmer Children's Hospital and Perinatal Center; *09 Co- Chairman, 1985 Art in Architecture awarded National First Place Special Events Category by National Association of Horne Builders. PARENT RESOURCE CENTER Board of Directors ORLANDO BUSINESS JOURNAL . Member, Board of Advisors GREATER ORLANDO CRIME PREVENTION COMNIISSION Board of Directors • GREATER ORLANDO CHAMBER OF COMMERCE Project 2000 Transportation Task Force ORANGE COUNTY IMPACT FEES Citizens Advisory Committee ORANGE COUNTY GROWTH MANAGEMENT PLAN Citizen Advisory Committee; Chairman, Basic Utilities Subcommittee; Representative to Orlando International Airport Public Involvement Committee PANKHURST, INC. (Not - for - Profit) Incorporator, Director, Seminole County Women's Association founded in 1980. LISTED IN THE BLUE BOOK. "A. Registry of Corporate Leadership" by the Orlando Business Journal. 1990, 1991. FEATURED AS A "WOMAN OF DISTINCTION" in newspaper series about women in leadership by the Orlando Sentinel. k�ebruary, 1991. SELECTED AS ONE OF TEN of Central Florida's Women of Achievement by Orlando Magazine. 'or 8 Education and LAW SCHOOL Activities: 1969 TO 1972 University of Florida College of Law, 1972, Juris Doctor; Law Review; Moot Court Second Round; Council of Ten; Book Award - 'Torts; John Marshall Bar __ Association, Certificate of Recognition; Phi Delta Phi Legal Fraternity; Student Representative of Interdiscipline . and Programs Committee; American Bar Association Law Student Division; Escuela Libre de Derecho, Mexico, D.F., Summer, 1971, Tulane University - University of Florida Program. PUBLICATION "Charitable and Non -Profit Corporations in Florida ". in First Report of Macintosh Foundation Study, Appendix, College of Law, University of Florida, 1973. • POST GRADUATE 1965 to 1966 Fulbright Scholar University of Montevideo, Uruguay, In Economic Development COLLEGE 1964 to 1965 University of Florida, B.A. in Economics cum laude and Certificate in Latin American Area Studies, College of Arts and Sciences 1963 to 1964 University of Madrid, Spain, on New York University Program 1961 to 1963 Rollins College, Winter Park; Academic Scholarship 2 years; Moderator of Channel 9 Television Program "Pro . and Con" produced by Center for Practical Politics; Campus Hostess for President Jose Figueres of Costa Rica • and President Lleras Comatgo of Columbia during their lecture visits; Pi Beta Phi Fraternity (Social Sorority) HIGH SCHOOL 1958 to 1961 Edgewater High, Orlando, Class Rank 17 - Class of 500; National Honor Society; National Junior Honor Society; Varsity Cheerleader, CoAuthor of Junior and Senior Class Plays; Pep Club; Tri-Hi -Y, Project Chairman, Now Mesdemoiselles of Sorosis, Orlando Lames: Spanish - fluent; some French and Portuguese. 9 INTERIM CITY MANAGER PROFESSIONAL SERVICE CONTRACT ow- THIS CONTRACT made and entered into thisa o1 day of nn 5, 1997, by and between the CITY OF EDGEWATER, FLORIDA, (hereinafter "City "), and PROFESSIONAL ENGINEERING CONSULTANTS, INC. (KENNETH R. HOOPER), (hereinafter "Interim City Manager "). WHEREAS, the City desires to have an Interim City Manager perform the functions of a City Manager as described in the City's Code of Ordinances and the current City Manager's job description and assist with the administration of the City with projects regarding, but not limited to, the City's day to day operation and administration, advising City Council, and any and all requirements in regards to obtaining the employ of a permanent City Manager. WHEREAS, the City desires to employ the Interim City Manager in connection therewith upon the terms and conditions hereinafter set forth, and the Interim City Manager has indicated his willingness to accept the responsibilities and render specific performance to the City as Interim City Manager upon said terms and conditions. NOW, THEREFORE, in consideration of the mutual covenants and contract hereinafter contained, it is agreed by and between the parties hereto as follows: 1. SCOPE OF PROFESSIONAL SERVICES The Interim City Manager shall diligently and timely perform professional services as Now requested by the City and as specified in Sections 4.01 and 4.02 of the City Charter (attached hereto and incorporated herein as Exhibit "A "), and as may from time to time be amended and all other (Agreemnt/InterimCityManager) 1 applicable laws, ordinances and regulations, and such other legally permissible and proper duties as he may be directed to perform by the City Council. Now The Interim City Manager agrees to perform the functions of his office in a competent and professional manner. Additional items to be included in the Scope of Services are as follows: 1) Provide an Assessment Report to the City Council (December 1, 1997) which will include a review of the following: a) City's financial status; b) City's organizational status; • c) Evaluation of the option of contracting the City Attorney through outsourcing; and d) Evaluate the Development Review Process. 2) Assist in the hiring of a permanent City Manager. 3) Provide assistance to complete the FIND project. 4) Assist in the siting and funding of a new fire station. 5) Assist the new City Council as requested. 2. COMPENSATION A. The Interim City Manager shall be compensated for all services rendered under this Contract in accordance with the Scope of Professional Services. Compensation will be at a rate of one hundred and no /100 ($100.00) per hour with a not -to- exceed amount of two thousand and no /100 ($2,000.00) per week. The total contract will not exceed twenty -six thousand and no /100 %ow ($26,000.00). (Agreemnt/InterimCityManager) 2 B. The Interim City Manager shall be reimbursed for reasonable out -of- pocket expenses that are directly related to City business upon submission of adequate documentation. The Interim City Manager shall not be reimbursed for travel time or travel expenses from his Orlando office to Edgewater City Hall. C. If upon request, approval and instruction by City Council, the Interim City Manager is requested to perform additional work past January 2, 1998, he shall be entitled to additional compensation. The additional compensation shall be computed by the Interim City Manager on a revised fee quotation proposal and submitted to the City for written approval. The fee shall be *ow approved and agreed upon before commencement of the above additional work and shall be incorporated by written amendment of this Contract. If such additional work is required as a result of error, omission, or negligence by the Interim City Manager, he shall not be entitled to additional compensation. D. At the end of each month, the Interim City Manager shall submit an invoice for services rendered during the month for each task as outlined in the various Scopes of Services. At no time shall invoices exceed the total of the not -to- exceed amount as outlined in the Scope of Services. low E. The Interim City Manager shall provide a minimum of twenty (20) hours per week of service at City Hall. Additional compensation shall not be (Agreemnt/InterimCityManager) 3 authorized for hours exceeding twenty (20) hours per week. 3. CITY'S RESPONSIBILITY `rrr The City shall furnish the Interim City Manager with all existing documentation, files, data, plans, profiles, and other information available and useful in the day to day operation and administration of the City. The City shall defend, save harmless, and indemnify the Interim City Manager against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of the Interim City Manager's duties except where the Interim City Manager exceeds the scope of his authority or in the case of a conviction for any crime involving moral turpitude or relating to official duties. The City will compromise and settle any such claim or suit and pay the amount of any settlement or judgment toew rendered thereon. Said indemnification shall extend beyond termination of employment and the expiration of this Contract whether the notice or filing of a lawsuit for such tort, claim, demand or other legal action occurs during or following the Interim City Manager's employment with the City. 4. TERM The term of this Contract is approximately thirteen (13) weeks and shall commence on October 7, 1997 and shall end not later than January 2, 1998. City Council may terminate this Agreement at any time. 5. TERMINATION The City may terminate the Contract for Services with the Interim City Manager at any time. Noir 6. SEVERABILITY All Agreements and covenants herein are severable, and in the event that any of them shall (AgreemntllnterimCityManager) 4 be held invalid by a competent court, this contract shall be interpreted as if such invalid contract or covenant was not contained herein. "rr 7. ENTIRE AGREEMENT This Agreement constitutes the entire contract between the parties with respect to subject matters. There are no inducements, promises, terms, conditions or obligations made or entered into by either the City or the Interim City Manager other than contained herein. There have been no prior agreements, representations, statements, negotiations and undertakings between the parties. Any alterations or variations of the terms of this Contract shall not be valid unless made in writing and signed by the parties. 8. NOTICES All notices or other communications hereunder shall be in writing and shall be deemed duly Now given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to Interim City Manager: If to City: Kenneth R. Hooper, Principal Mayor Professional Engineering Consultants, Inc. City of Edgewater 200 East Robinson Street P. O. Box 100 Suite #1560 Edgewater, Florida 32132 -0100 Orlando, Florida 32801 With copy to: Legal Department City of Edgewater err. P. O. Box 100 Edgewater, Florida 32132 -0100 (Agreemnt/InterimCityManager) 5 '�rr•r IN WITNESS WHEREOF, the parties have made and entered into this Contract on the dates listed below. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: , Susan J. Wadsworth R. • y G. Allman City Clerk Mayor • Dated: m .� �ip� ) 3 L C 1 APPROVED FOR FORM AND CORRECTNESS: vally .A Nikki Clayto Interim City Attorney WITNESSES: Consultant/Interim City Manager Kenneth R. Hooper A /A 1 • .�'� Dated: // 7 Y Nr (Agreemnt/InterimCityManager) 6 CHARTER § 4.02 (b) Rules and journal. The city council shall determine its own rules and order of business except that the agenda for regular council meetings shall include "Citizen Comments" at the begin- 'tow ning and directly prior to adjournment. The city council shall provide for the keeping of a journal of its proceedings. This journal shall be a public record. (c) Voting. Voting on ordinances and resolutions shall be by roll call and shall be recorded in the journal. Three (3) members of the city council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties pre - scribed by the rules of the council. Except in the case of an emer- gency, unless otherwise provided in this charter or by law, a motion is adopted when approved by the votes of a majority of the members present and an ordinance or resolution is adopted when approved by the votes of three (3) or more members of the city council. An emergency shall mean an imminent threat to the health, safety, and welfare of the citizens of Edgewater. Sec. 3.12. Ordinances and resolutions. Ordinances and resolutions shall be adopted by the city council in accordance with general law. ARTICLE IV. ADNIINISTRATION Sec. 4.01. Appointment and qualifications of the city man- ager. The city council shall by a majority vote of its total membership appoint a city manager and establish the terms of employment and fix the level of compensation. The city manager shall be appointed solely on the basis of executive and administrative qual- ifications. Sec. 4.02. Powers and duties of the city manager. The city manager shall be the chief administrative officer of the city and shall be responsible to the city council for the adminis- Supp. No. 33 7 "rnr� Exhibit "A" 7 § 4.02 EDGEWATER CODE tration of all city affairs placed in the city manager's charge under this charter. The city manager shall: (1) Appoint, and when necessary, suspend or remove, all of- ficers and employees of the city except as otherwise pro- vided by law, this charter, or personnel rules adopted pur- suant to this charter. The city manager may authorize any officer subject to the city manager's direction and supervi- sion to exercise these powers with respect to subordinates in that officer's department or agency; (2) Direct and supervise the administration of all departments, offices, and agencies of the city except as otherwise pro- vided by this charter or by law. (3) Attend all city council meetings. The city manager shall have the right to take part in the discussion but shall not vote. (4) See that all laws, provisions of this charter and acts of the city council, subject to enforcement by the city manager or by officers subject to the manager's direction and supervi- sion, are faithfully executed; (5) Prepare and submit the annual budget and capital pro- gram to the city council; err (6) Submit to the city council a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) Make such other reports as the city council may require concerning the operations of city departments, offices, agen- cies; (8) Keep the city council advised as to the financial condition and future needs of the city; (9) Make recommendations to the city council concerning the affairs of the city; (10) Provide staff support services for the city council; (11) Sign contracts, agreements, or leases on behalf of city to the extent authorized by ordinance; and Supp. No. 33 8 "%r+' Exhibit "A" 8 CHARTER § 4.06 (12) Perform such other duties as are specified in this charter or may be required by the city council. Ne" Sec. 4.03. Acting city manager. By memorandum submitted to the city council, the city man- ager shall designate a qualified city administrative officer to ex- ercise the powers and perform the duties of city manager during the city manager's temporary absence or disability. The council may revoke such designation at any time and appoint another administrative officer of the city to serve until the city manager returns. Sec. 4.04. Creation of departments. The city council may establish city departments, offices, or agen- cies in addition to those created by the charter and may prescribe the functions of all departments, offices and agencies, except that no function assigned by this charter to a particular department, office, or agency may be discontinued or, unless this charter spe- cifically provides, assigned to any other. Sec. 4.05. City attorney. The city council shall appoint a city attorney and establish the terms of employment and fix the level of compensation. The city attorney must be admitted to the practice of law in the State of Florida. The city attorney shall be the chief legal advisor to, and attorney for, the city council, city manager, city clerk and all city departments, offices, and agencies and shall perform any other duties prescribed by this charter or as may be required by the city council. The city attorney shall report directly to the city council and shall not be under the supervision and direction of the city manager. Sec. 4.06. City clerk. The city council shall appoint a city clerk and establish the terms of employment and fix the level of compensation. The city clerk shall keep the journal of city council proceedings and be the official custodian of public records. The city clerk shall serve as the elections clerk and shall perform any other duties prescribed Supp. No. 35 9 ti - Exhibit "A" 9 ADDENDUM NUMBER 4 TO AGREEMENT DATED NOVEMBER 3,1997 BETWEEN CITY OF EDGEWATER, FLORIDA AND PROFESSIONAL ENGINEERING CONSULTANTS, INC. (Kenneth R. Hooper) By Agreement made and entered into this(," day of jC f A , 1998, by and between the CITY OF EDGEWATER, FLORIDA (hereinafter called "CITY ") and PROFESSIONAL ENGINEERING CONSULTANTS, INC. (Kenneth R. Hooper), a Florida Corporation (hereinafter called "Interim City Manager "). WITNESSETH The CITY and INTERIM CITY MANAGER mutually agree to amend that certain Agreement between the - CITY and INTERIM CITY MANAGER made and entered into on November 3, 1997 as follows: 1) The City offers to engage the Professional Services and the Interim City Manager accepts the engagement to provide such services as defined in the original Agreement dated November 3, 1997, for an additional period of time beginning December 1, 1998, and continuing through November 15, 1999. 2) • The parties acknowledge that all other terms, provisions and conditions of the original Agreement are republished, ratified and reaffirmed by the parties hereto. IN WITNESS HEREOF the parties have made and executed this Addendum the day and year written above. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA r I I - i/ By: /ice .✓ /_ 1 Susan J. W. 0 sworth J Ran t. . Allman City Clerk Ma o r APPROVED FOR FORM & CORRECTNESS: /- Dated: /9 ` ftgr /fit 4 '' kki Clayton City Attorney WITNESSES: CONSULTAN /INTERIM CITY MANAGER • • `— - � � 'ice: i� iL� ' O •; - enneth R. Hooper C Nikre Dated: ,j/J a #fri ( Agreemnt \InterimCityManager- Amendment4) \ \- PEC Professional En ineerin Consultants, Inc. KENNETH R. HOOPER Ifs ! GENE Principal /Senior Project Manager OCT ae1997 ,. 4Y tuRNEY EDUCATION B.S. Biological Sciences 1976 University of Central Florida M.S. Environmental Sciences 1980 University of Central Florida YEARS OF EXPERIENCE With PEC, Inc. 1/91 to present Seminole County (County Manager) 5.0 yrs. Seminole County (Utilities Director) 9.0 yrs. Mr. Hooper is a Senior Project Manager with more than 20 years of experience in both the public and private sectors. Because of his broad understanding of state and local government, land development, and environmental regulations, he is responsible for directing special projects at PEC. Primarily, his projects have been focused on utility system master planning /evaluations, Now land /municipal planning, financial analysis /bond assistance, Capital Improvement Programs, DRI /Concurrency, and ordinance preparation. Mr. Hooper's planning assignments have recently included the development of municipal comprehensive plan elements. He has prepared specific Comprehensive Plan elements related to infrastructure, land -use, concurrency management, traffic and intergovernmental coordination. As a skilled planner, he has also developed utility system master plans and associated capital improvement programs to ensure future demands can be adequately met. Additionally, he has been instrumental in implementing impact fee programs, capacity sales for water and sewer, and preparation of financial analysis used in implementing municipal bond programs. He has also assisted with the implementation of special taxing districts and Community Redevelopment Areas. Many of these programs have been instituted to pay for new infrastructure as well as improvements to existing systems. During his tenure as Seminole County Manager, he was extensively involved with the acquisition, expansion, improving and constructing new utility systems, as well as preparing budgets for capital improvements and operation and maintenance of the systems. Mr. Hooper was responsible ,, for the development and implementation of numerous special assessment districts (MSTUs and MSBUs). The special assessment districts were used to pledge revenue for capital improvement programs such as the retrofitting of wastewater collection, implementation of water distribution systems into areas roadway improvements. As the County's Utilities Director, he managed the day to day operation of all the county-owned and operated facilities. He played a significant role in implementing Seminole County's county -wide water and sewer system. KENNETH R. HOOPER Page 2 Also as Seminole County Manager, Mr. Hooper was extensively involved with growth management including land -use and development codes, concurrency, traffic impacts, and None environmental issues. He was extensively involved in negotiating and preparing development orders and entitlement for 12 DRIs. Close coordination was maintained by Mr. Hooper with the adjacent municipalities and the regional planning council. EXPERIENCE RELEVANT TO PROPOSED PROJECT OFFICER -IN- CHARGE /SENIOR PROJECT MANAGER FOR: ❑ CITY OF OVIEDO, FLORIDA - Master Water Plan including design and permitting for wells and raw water transmission main to existing water treatment plants. ❑ • CITY OF TITUSVILLE, FLORIDA - Community -wide Wastewater System Improvements. Directing multi - phased program to provide the City with sufficient wastewater capacity and effluent disposal to comply with Indian River Lagoon Protection Act of 1990, including: ❖ $50 million Bond Issue; ❖ Acquisition of 400 acre site for 4.0 MGD Blue Heron Water Reclamation plant and 300 acre artificial wetland; ❖ Feasibility analysis for collection system and reclaimed water main routes; ❖ Permit development and coordination (55 Permits Total) for entire program. ❖ Negotiated wholesale water service agreement with the City of Cocoa ❑ CITY OF OVIEDO, FLORIDA - Reclaimed water transmission system. Directing design and permitting of 3.0 mile trunk line to transmit effluent for commercial and residential reuse. ❑ POLK COMMERCE CENTRE - Community Redevelopment Agency. Assisted with the research and preparation of a blight study for an approximately 3,000 acre area in Polk County. Assisted with the development of ordinances to establish Tax Incremental Financing (TIF) to fund the infrastructure improvements, and prepared the redevelopment plan for the Polk Commerce Center. Coordinated with local planning staff, economic development office, government officials and property owners. Prepared area -wide DRI and Turnpike Interchange Justification Report for the Polk Commerce Centre. "err ❑ CITY OF OVIEDO, FLORIDA - Water Quality Master Plan. Project Manager for study to determine long -range water quality goals for city -owned water system. Directing staff and subconsultants in determining long -range watersupply need for community and level of raw water treatment to comply with Safe Drinking Water Act, as well as copper and lead rules. Preparing alternative analysis for supply and treatment methods including preliminary cost estimate. KENNETH R. HOOPER Page 3 ❑ CITY OF OVIEDO, FLORIDA - Bench -Scale Study for Water System. Project Manager for study to determine raw water supply quality and methods to eliminate system turbidity. r.. Study analyzed raw water samples using green sand filters, as well as micro - membrane filtration. It was also determined that elemental sulfur was the cause of turbidity. ❑ CITY OF OCOEE, FLORIDA - Senior Program Manager for the City's Infrastructure Program. This included development of the City's Comprehensive Plan, Master Water and Wastewater Plans, Master Traffic Plan and Concurrency Management Program. He also coordinated the City's Capital Improvement Plan to implement the master planning efforts. This included development of user fee ordinances, impact fees, financial reports to implement revenue bonds for water, wastewater and road improvements. He also coordinated the consultants' activities for a court - ordered take -over of an abandoned utility, including the creation of an MSBU for capital funding, public awareness programs, and permitting. • Utility Rate Update. Completed the data collection and analysis to prepare an update to the City's current utility rate structure. The study analyzed future growth trends, required capital improvement costs and operation and maintenance cost to develop recommendations for future utility rate adjustments. low ❖ Impact Fee Update. Completed the data review and analysis to determine an equitable increase to traffic and utility impact fees. ❖ Revenue Bond Assistance. Assisted City as Financial Advisor to secure revenue bonds to finance utility expansion and roadway improvement projects. Developed data and graphics emphasizing City's financial strength and ability to support a new bond program and to refund an existing bond. Assisted in securing a AAA rating for the City's new bonds. • Comprehensive Plan Preparation. Completed the final data collection, analysis and preparation of the City's Comprehensive Plan. Directed the development of various elements including future land use, infrastructure, drainage, and Capital Improvements. Prepared concurrency management /implementation plan. ❖ Stormwater Management Utility. Completed the preparation of final utility report establishing equitable rates for residential and commercial areas. Prepared draft Now and final utility ordinance presented to the City staff. Assisted in the evaluation of property within the City and potential rate structure to finance future drainage system improvements. • 4.1 Mile Clarke Road Extension from S.R. 50 to A.D. Mims Road. Assisted in the overall management of roadway design and development of a bond program to finance new roadway construction. • Completed Engineers Report for 1997 Revenue Bond Issue for water and wastewater system improvements. KENNETH R. HOOPER Page 4 ❑ OSCEOLA COUNTY, FLORIDA - Overoaks Development Infrastructure Assessment and review. Assessed existing roadways and drainage infrastructure for adequacy and compliance with current water management district, FDER and EPA requirements. ❑ CITY OF DELRAY BEACH, FLORIDA - Completed a Management and Capital Improvement Program Analysis and Report. The report outlined necessary improvements for water and wastewater systems, roadways and bridges, drainage systems, parks and fire stations. As Seminole County Manager - Responsible for policy implementation and operation of county government. As manager of an urban county during extremely high growth, he produced a very efficient and cost conservative style of government. His accomplishments include: ❑ Direct development review activities. Responsible for negotiation and creation of development orders and entitlement summaries for PUD Agreements and Developments of Regional Impact. ❑ Management philosophy that resulted in cost - effective and responsive government. Depicted as most cost - effective county in 1989 REPORT TO THE GOVERNOR, April a,,,,,,. 10, 1989. ❑ Implementation of Comprehensive Plan (December, 1987) that included road and fire/ rescue impact fees, capital improvements element and land development regulations. ❑ Acquisition of several large tracts of land needed for water and sewer operations, landfills, road right -of -way, and recreational uses. Acquired approximately 7,000 acres of land and 5,000 acres of conservation easements. ❑ Implementation of a financial system that included target budgeting, budget objectives, rotating zero -based budgets and enterprise funding of restricted user fees, i.e., building and development fees. Implementation of privatization as an expenditure control, privatizing the following: all security for Courthouse and County Services Building; all janitorial services; repair and maintenance of all vehicles; landscaping; paving and resurfacing of all county- maintained roads; leased all solid waste hauling equipment; acquisition of right -of -way for major road construction; all design of roads as well as water and sewer improvements. Created an 416. annual cost savings in excess of 4.5 million dollars. ❑ Responsible for adoption of land development regulations that include overlay zoning categories for wetlands protection, right -of -way reservation, protection of the 100 -year flood plain and that depict all necessary guidelines for development within the County. a KENNETH R. HOOPER • Page 5 ❑ Successful completion of major capital expansion utilizing revenue bonds, MSTUs and MSBUs. Revenue bonds were issued for road improvements from local option and ` constitutional gas taxes; those for water and sewer improvements, from user fees and impact fees. Revenue bonds issued amounted to more than $120 million and capital improvements exceeded $250 million in infrastructure improvements. ❑ Development and participation in the creation of charter form of government for Seminole County. As Seminole County Environmental Services Director - Responsible and accountable for the operation of the Environmental Services Department (water, sewer solid waste, and environmental testing). Accomplishments include: ❑ Creation of county -wide water and sewer system. Completed acquisition of several small private utilities ranging in size from 500,000 gallons per day to 5.2 MGD, as well as construction of new and improved facilities. ❖ First Florida Utilities: A water and wastewater system servicing approximately 1,200 customers was acquired for $750,000 in 1979. ❖ Tanglewood Utilities: A wastewater system servicing approximately 250 customers was acquired by the County through condemnation in 1980. ❖ Consumers Utilities: A water and wastewater system serving approximately 500 customers was acquired by the County in 1977 for $1.1 million. The system had sufficient capacity to expand service to approximately 3,000 customers. ❖ Indian Hills: A water system serving approximately 2,500 customers was acquired in 1978 for $1.3 million and has expanded to provide service to approximately 5,000 customers. ❖ Greenwood Lakes: The County acquired a developer -owned water and wastewater system for approximately $4.2 million. The system has been expanded to service approximately 10,000 customers. ❑ Implementation of solid waste program that was funded through enterprise account. Now ❑ Development and implementation of water and sewer financing that included first impact fees, prepayment requirement for impact fees and pre -sale of sewer capacity for construction funding, service contracts, and reuse mandates. a► IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT, IN AND FOR VOLUSIA COUNTY, FLORIDA RICHARD R. and MARION R. ZAPO, Husband and Wife, BILL CASE NO. 96- 32730 -CICI and LOUISE BRATTAIN, Division: 31 Husband and Wife, STANLEY M. and WENDY C. DIPPLE, Husband and Wife, JUDITH R. LICHTER, a single woman, HOWARD F. and DOROTHY J. DUFF, Husband and Wife, and DOMINIC J. and !` u ELIZABETH A. CAPRIA, Plaintiffs, vs. MORGAN GILREATH, Volusia County Property Appraiser, BERNARD J. KANE, Volusia County Tax Collector, and L. H. FUCHS, Executive Director Florida Department of Revenue Defendants. / CITY OF EDGEWATER'S MOTION TO INTERVENE City of Edgewater, a political subdivision of the State of Florida, pursuant to Rule 1.230 of the Florida Rules of Civil Procedure, hereby files its motion to intervene in the instant matter as follows: 1. Plaintiffs ask the Court to declare Section 193.075, Florida Statutes unconstitutional alleging that the statute's definition of "permanently affixed" and "mobile home" departs from the normal and ordinary meaning of those terms; and results in denial ( Pleading / EdgewaterLanding- MotiontoIntervene) -1- to plaintiffs of the opportunity to have their mobile homes taxed as vehicles. 2. Rule 1.230 of the Florida Rules of Civil Procedure allows anyone with an interest in an action to intervene. 3. City of Edgewater has an interest in this action such that it will either gain or lose by direct legal operation and effect of judgment. See, Union Central Life Insurance Company vs Carlisle, 593 So.2d 505 (Fla. 1992); Heatherwood Community Homeowner's Association, Inc. vs Florida Rock Industries, Inc., 629 So.2d 928 (Fla. 5 DCA 1993). 4. City of Edgewater (Edgewater hereinafter) has just been made aware of the pendency of this action as the result of a citizen's letter published in The Observer on October 15, 1999. 5. After review of the Court file, Edgewater believes there are material facts relevant to these proceedings that are not yet before the Court as follows: a. Edgewater agreed to annex the Edgewater Landing property, amend the City's comprehensive plan, and rezone to MH -2 Manufactured Home Subdivision on condition that the Developers would create a residential subdivision in which the homeowners would own their home and lot. b. Edgewater amended the MH -2 Zoning District in its Code of Ordinances specifically to accommodate the development of Edgewater Landing as a manufactured home subdivision in which the lots were individually owned by the homeowners. (e.s.) (Certified copy of Ordinance No. 87 -0 -15 is attached as exhibit "A "). ( Pleading / EdgewaterLanding- MotiontoIntervene) - 2 - c. The law governing Edgewater's decision to annex and rezone Edgewater Landing as "an MH -2 Manufactured Home Subdivision" as opposed to a "Mobile Home Park" required that both the home and the lot pay ad valorem taxes as real property. ( §320.015, Fla. Stat. 1987, Taxation of Mobile Homes; §320.0815, Fla. Stat. 1987, Mobile Homes - type units required to have license plates or stickers; §3210.8285, Fla. Stat. 1987, On -Site Inspection; §320.8325, Fla. Stat. 1987, Mobile Homes - tie -down requirements; minimum installation standards; §193.075, Fla. Stat. 1987, Mobile Homes; §723.003(6) and (8), Fla. Stat. 1987, Definitions mobile home park and mobile home subdivision; 1987 Fla.Admin.Code Rule 12 D - 6.03, Assessment of Mobile Homes; 1987 Fla.Admin.Code Rule 12 D - 6.03, Definition of permanently affixed.) d. From the first official meeting between Edgewater and the Developer of Edgewater Landings, Radnor Corporation, the developer represented to Edgewater that it intended to develop a manufactured home subdivision in which the homeowners would own their own lots and pay real property taxes. (Certified Copy of Minutes of April 24, 1986 Edgewater City Council Meeting attached as Exhibit `B "). 6. After review of the Court file, Edgewater believes there are misstatements of material facts contained in Plaintiff's Complaint as follows: a. Paragraph 8 of the Complaint states, "Each of the mobile homes is presently located in Edgewater Landing Trailer Park at the address set out above ." (e. s) ( Pleading / EdgewaterLanding- MotiontoIntervene) - 3 - Trailer and Trailer Park are defined terms in Florida Law. Fla.Stat. §320.01(1)(b) 7., "park trailer "; 8., "fifth -wheel trailer "; Fla. Stat. Ch. 513, Mobile Home and Recreational Vehicle Parks; Fla. Stat. Ch. 723, Mobile Home Park Lot Tenancies. Edgewater Landing Manufactured Home Subdivision has never qualified as or met the statutory criteria for "trailer park ". b. Paragraph 8 of the Complaint states the mobile home "is situated on concrete blocks...the mobile home is not on a permanent foundation...." According to Edgewater's Building Official, Mr. Dennis Fischer, the manufactured homes are placed on permanent foundations called stem walls or footers that are made out of reinforced concrete that is poured in place. The permanent foundation is then backfilled with dirt at least 2 feet deep around the entire perimeter of the manufactured home. Three courses of concrete block fastened with mortar are laid against the dirt around the perimeter of the home so that the manufactured home appears to be similar to a home built on -site. The stem walls or reinforced concrete footers poured in place are permanent foundations in accordance with the Southern Standard Building Code. Then the manufactured home is tied -down as required by the home manufacturer and state law. (Affidavit of Mr. Dennis Fischer, Edgewater Building Official, attached as Exhibit "C "). c. Paragraph 9 of the Complaint states the mobile home has at all times been ( Pleading / EdgewaterLanding- MotiontoIntervene) - 4 - "transportable ". It has not been rendered immobile by (i) having been "placed on a permanent foundation "; (ii) by having "other structures permanently attached to it "; or (iii) by having "its drawbar, coupling or hitch removed ". Many structures can be rendered transportable. The City of Winter Park permitted the Florida Gas Company to move its 4 story office building. The manufactured homes in the Edgewater Landing Subdivision are also "transportable ". However, each of the homes in this subdivision are currently placed on permanent foundation. (See Fischer Affidavit, Exhibit "C "). Other structures are permanently attached to the homes such as garages, carports, utility rooms, glass rooms, and screen porches. (Fischer Affidavit, Exhibit "C "). The hitches have been removed from every home in the subdivision. (Fischer Affidavit, Exhibit "C "). 7. The tax base and the property tax revenues of the City will be adversely affected if Plaintiffs succeed in this action to have their manufactured homes taxed as "vehicles ". The burden of Plaintiffs' tax payments will be shifted to other taxpayers in Edgewater. Using the 1996 millage rates applied to estimates of assessed values in Edgewater Landings supplied by one of the Plaintiffs, the amount of direct and indirect impact on Edgewater taxpayers can be estimated as follows: ( Pleading / EdgewaterLanding- MotiontoIntervene) - 5 - Assume 454 homes and lots assessed $38,553,000 Assume Assessed value at 85% 32,770,050 Assume 75% of residents have homestead exemption - 2,825,000 Total Taxable $29,945,000 Direct impact - annual reduction in City Revenue 1996 Edgewater millage 6.59 $ 197,338 Indirect impact - annual reduction in S.E. Volusia Revenue from 1996 School millage 10.8210 1996 S.E. Volusia Hospital District 2.2474 13.0684 $391,333 Total Direct and Indirect Impact $588,671 Offsetting Revenues Assume assessed value of land $12,263,000 Apply City, School, and hospital 1996 millage of 19.6584 = 241,071 Vehicle license tag at $45 per side or about $90 for a double - wide mobile home paid by 454 residential units 40.860 $281,931 Estimated annual adverse impact $306,740 8. Edgewater moves to intervene as a defendant not in subordination to or in recognition of the propriety of the main proceeding. 9. Edgewater has contacted counsel for Defendants who do not oppose its Motion for ( Pleading / EdgewaterLanding- MotiontoIntervene) - 6 - Intervention. However, council for Plaintiff has indicated that he will oppose the City of Edgewater's Motion for Intervention. Nikki Clayton, City Attorney Florida Bar #0146264 City of Edgewater P. O. Box 100 Edgewater, FL 32132 -0100 (904)424 -2403 telephone (904)424 -2415 facsimile CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to DIANE M. MATOUSEK, Clerk of Circuit Court, Civil Division, 124 North Riverside Drive, New Smyrna Beach, Florida 32168, by PERSONAL DELIVERY, and a true and correct copy of the foregiong has been furnished to: GUYTE P. McCORD, III, 210 South Monroe Street, Tallahassee, Florida 32301; B. JORDAN STUART, Esquire, Wood & Stuart, P.A., 206 Flagler Avenue, New Smyrna Beach, Florida 32169; JOSEPH C. MELLICHAMP, Senior Assistant Attorney General, The Capitol, Room LL -05, Tallahassee, Florida 32301; and to MARK T. ALIFF, Assistant Attorney -_" General, Office of the Attorney General, Tax Section, The Capitol, Tallahassee, Florida 32399 -1050 by U. S. MAIL DELIVERY this day of , 19 99. Nikki Clayton ( Pleading / EdgewaterLanding- MotiontoIntervene) - 7 - ' r r A, ?t y ,,, • . 14 F r t , " / C t �1 Y f 1, ► ,tf .;.r. ^ gy� S m•- ,- , v t l m5 9 ry t =y A ., %; " N.;. 1 0 &' ... fi r �u ., N "� +�i CITY COUNCIL OF EDGEWATER , , :1 is � . SPECIAL MEETING AND WORKSHOP • .,- '` 6 APRIL 24, 1986 '' ,r. o MTNfTFS y «y:,'r ti a ; ; era Mayor Baugh called the meeting to order at 2:00 P.M. in the Community _ z_x d Center. He stated the item on the agenda was for a formal presentation • a, e . x , ,,fie •; by Bennett 6 Davis Consulting Engineers regarding a request for possible annexation and zoning of properties lying immediately to the south of w 2 •N+:: i the present City limits, bounded by U.S.1 and the inland waterway. ROLI. CALL Mayor Earl Baugh Present Councilman James Inman Present Councilman Louis Rotundo Present City Attorney juse'Alvarez Excused _rte K�: x , ` Councilman Russell Prater Present City Clerk Connie Martinez Present '., g .+.- Councilman Neil Acting Present Chief Lawrence Schumaker Present Also present were: Mr. Earl Copeland, Public Works Superintendent; Mr. Terry ' Wadsworth, Utilities Superintendent; M. Lynne Plaskett, Planning Assistant; "x,1 INI « and Mr. Al Davie, Mr. Marty Berge, and `Ye . .Jack Lyons who made the presentation. .',. ,s g ee 3x r Mayor Baugh requceted a motion to recess the Council meeting and 8u into the •f 8* �tir '""�`� la WorkNhop. Councilman Inman No moved. Councilman Aeting eerondcd the motion. ` Motion CARRIED 5 -0. e::;, pit q ., <Y ' a. Mr. Marty B erge intr oduced himself no developer of Radnor Corporati Mr. . {s ` ? Jec.k Lyons as Vice- Preeidcnt, and engineer Mr. Al Devi*. • • '`''x' µ Mr. Leona said the Radnor Corporation is frnm Rndnor, Pennsylvania, which is .,qa " 1,, the world headquarters of Sun Company. He noted they're the reel estate sub- sidiaries and are wholly owned by Sun. He pointed out moat of the employees of r` Sun have been there many years. and they've been doing buainesa es Radnor Corpor- es , w .x .a? ation for 10 ycake. He said they have extensive real estate developments with *;v' 71 80 active project: in 13 states and about 17 in Florida. He displayed a brochure � „ , , ;:? . ,°: , ,,.:1, � � tha ahowed their progress over the last decade. He stated they form their ' �# , r ..t P 8 y 'a'S,� i relationships with their projects with people of equal reputation and that µ Y p will be the implementing partner of the project. Ile said they have 37 sy y '” -e': people at Radnor and Mr. Berge will be the implementing partner and will be on s a , `•r ,e ; '' ., the site. He added their engineering consultants will work with Mr. Al Davis 1 000 75r }°�s, ti e'fag4 on this project. Mr. Berge distributed resumes that showed his background. . r fi � w l.W., Mr. Dacia displayed various graphs and charts which showed the location in .. � � '�I comparison to certain landmarks. He said it's approximately 140 acres and t "' � �'` it's on the waterfront with riparian rights. He said the boundary survey z , i ' v �g was plotted in the field and they'll have the information soon. He pointed y k., w n A , I out it's a heavily wooded site and a part of it had been burned out a few . *rikv r l,. years ago. He said they have an environmental firm on the site now doing an • i ,, ':44 ,1 `,A. environmental assessment to tell him what area he has to stay out of He � 1, %t :I said they're working on the Haciendo Del Rio pr in the County which will Ar yx y�, be a mobile home rental in the area and it's about 2} miles from this project. • t o ' f /may He sa'� it will ee a aubdivision similar to Bear Creek in Ormond Beach. He t i`� 4. ` ''i y noted there's a series of dune lands in this project and it will be under , r : % th mandate of all the agencies involved. He avid they'll get dock permits ! _ h , , e',.e. for private docks immediately so they don't have to worry about getting them $,,e,,,,!..,,.:4 later on, He said they have mosquito control ditches but they're limited •' � :14';.7../. x i � , " :i '! an. they'll_ be adv�sef? from at environmental standpoint on those. `` ,' t M1'�'°" �*r Mr. Davis stated they're requesting consideration for annexation into the City ,`y5', a 1 ti of Edgewater and will be asking for utilities and he feels when they get to , 4S t the point of needing sewer and water that the plants will be expanded, but r : ,! 1. if the plants dent have the capacity, they can't demand it. N a , • f y" ,� :.y Y $g , e n v x L fl 4:!1'4..4,^7.k% 14 j` r 4 R '::';').:4143 y 't ,. w Pi µ ;' 4 ,,,? Y s ,.;V '4{ CitY Clerk „ , /:',i arr,�r ',17, F S a. W %, g, a - 73 . '.rF ', F ` _ _ ; V".W., 4 ,�'si" M rt •.r r roil +, 4 `, .e 4 ~ i M :1 i+ , /rZ f . } , '?Y � 4 ✓ri U t , t',:".-.4V „ y . , ! — .."77�: �y$,. v7 d:4i' S ;•�: 4 j ?P :y 3�, Y ''.t: 'M f [ ? - X k - s 4 ,, f K 'r� 0 m .a e' ti+- c ��rz4 t ,�"S -:„..i,,4 v,; • ,: C.7. ; r t, t ri �i • f A l t a. 4 .. . +� r • z" ', � ', " _ . u-c� ∎ a�11`.,,. ,. , A . S � 'G,a ; ,+N' e :. ' '` .'9e t om" t : S' r.''. .v _.7 f +► v •••• �` l' .: • '^ '�' . .. .} 4 y . h.S: � . �.:. L . : '''.:, ���J v F4 _'_. . Y.r f:" 't � `�. h =. ' ,1N+ 14 . . � . '• .� Yr. Pavia :aid Cloy esticipate :.nking for nomc frontage on U.S.1 to remain & - .0:,4 , 1yarl Couneilmz Aering asked what property is to the north and Mnyor Baugh Z....P.i.4.---7..).:'. Me. Copeland r.:1-ted vho owns the 51.4 acres that nrc going to be auctioned 41'..k.-I Councilman Tacna!, as how many entrnnces they'll have and Mr. Davis replied , •.tt , ';.'ir.Ti*...1'-';40 ,,, 4 ' p:) 2 of.,.h .,_ secondary entrance at the south. Councilman Inman said , ',.:• , *1'.. '': ho dc wont Lex City to get stuck with something like Wildwood with only ,N5ig,',';'NP.K. one entrance as in extremely heavy rnina, they couldn't get out. Mr. Berge •,.... 4 said their attitude has been they do what the comaunity asks them to and CSIA they're open to Council suggestions. --'4,11;vp-4.54" Counellman Inman asked tho size of the lots and Mr. Berge snid they'll probably tr:ltl.lW7.P.U' ., he ".7.0 by 100 and will come under MB-2 zoning which requires 5,000 squnre feet. 40".1:44"4, ..'.-,..:, ,.0, amenities of about $6,000 to $7,000. consisting of shuffleboard courts. '.,.?.- with about 3i per acre. Mr. Berge noted that a lot of the people will be , - ,,T;: , ..=- 7 4-tt'r''I ' ; from up north and the average age of the buyer2 ie 59. Hd Raid they'll be 12..i..!A*-01 paying real taxed on the property. Chief SchumAer naked the average price of A unit and Mr. Berge amid the home end unit will be 145,000 to $70,000, and the lower ono will be two 2.:--.!'''.'":":".j bedrooms and two baths, no wheels, lap siding. shingled on thd roof, and "':-..'... shrubbery rind heavily landsenped. ge said the entrance will have about -.,-''',:-.'z: Councilman Inman asked the number of square feet in a manufc...‘ured home and Councilman Asting anked who manufactures these howee and Mr. Berge replied . , they'll be leading mnnufacturera, auch as Palm Harbor, Jacobaen, etc. ' ,,, ,' :1 He penned around pOrr,e illustrations of the interiors of chess homes. '-?::',(. ' . Councilman Asting asked if they'll be in place before sold and Mr. Berge die't re21:ed n they buy from a model center. and they'll put up some spec hot,ses . with about 14 models snd 5 for inntnnt occupancy. Mr. Berge maid they'll -;;9.0 :I44 .i Covueil,-, ' asked if. they're selling the lot and hone and Mr. Berge t : replio.:. yen, and they'll form a reaidents' aseociacion and the people in :14 the association will own the community and will han'e management control ,Z,4,,,InliM until it's sold out and thon they'll operate it under ntrict covenants , ' , ..;' , 1!..,7.' wliicli will be etven to the CIty. He added the residents will know all the 1. 41,44',:::' ,7 3,f-sl , . details :Ind what it will cost to operate the community. He noted the project ..7,...1*F6,V6;ri ' in Ocala requires $39 a month from the residents. Councilman Prater asked 4.4,,,,*,,t,;;;;;4, if it will be turned 0 LO the Association for maintaining and control and .1wii.,47,4A,,,i, . Mr. Bel replied yes. Counci:,,an Tnman aakod if the amenities will be registered with the Land r-I.':-r.A4-,-,',/.,,-.I;V Slit. COTM1:, and Xr. :;ore,o said he doesn't know. Mr. Lyons said they : `T proaont a rack_leo and aro not soliciting for eales and he doesn't think ,„,4",4::.,... the 1 to rogL,ter it. Mr. Berge pointed out they can't sell lots only, just Cie lot and unit to control the quality of homes going in, and they ?Wk=l1" CouncLimon Prter asked about carports and Mr. Berge said the price includes :1; carpeting, upgraded drapes, appliances, with range hood, and optional 4r0 things such as a dishwasher, disposal and self-cleaning oven. Mr. Berge added 4.: that outside is a double carport with space for two cars, a good sized u ;Pic ,?i, .-- . - . , budding with a minimum size of 8 by 10., and a raised screen porch with a 46. minimum of 12 by 16, and totally sod8ed lawn, shrubbery, lendscaped, and T.......CT?!eli,-N post light. Mr. Davi. noted they'll have meters for the unit and not in '14,40.4iVA4.• . E ...:.,.. . .„. . wy... >,.....__....,_,A........'ssci - s.,.�a. ... ..�,....,.ar a ,%47 ff`x:si .. srt, - en r Y � �^+ N ! a 1 N q,M' a 1 kx;:4, , ' Mr. Copeland asked about water and sewer and who takes care of the roads. ;>' fe n5. z 4..e Mr. Berge said the City will. have to tell them but they'd prefer to build R`q f ''' T1 ti 1 : the to the City codes and dedicate them to the City or they'll maintain them. Yt `, ," ' -a -pee �' .; } ' ) - S ' ..a +° te •se Mr. Davis stated he'd like to be able to control ingress and egress to the %. ts 1l unit and they need to find some way to do it Mr. Berge said he got a ; F ; °, ' variance from the County in Ocala to put up a guard house and they cannot '+ '11 s�+ 1 stop the people, but they'll know who is going in or out Mr. Davie , L`. t{ said his firm has done about eight of these major parka around the State r=: and his impression is the major concern is security, because a lot of people ; n only stay here part of the year. Chief Sebumker said if the,roada are " , +u y 4, a ,r if they're . dedicated to the City es public ways they can't put a guard house up, or ,e , - � - y..:: dedicated ey're ecated to the County, but they can Bract the guardhouse and ask people to atop if it'u privately owaed. The Chief added that people who ' lust want to nee the project won't be upset about stopping. Mr. Berge aaid ereoe 74 - _ _ he'll probably approach the City to auk fora variance. x �+:- ` " � Councilman Inman pointed out if the lot is 65 by 100 it will be out of Code . "` because the depth hen to be 110 feet. Mr. Berge avid it will be 60 by 110. s " A > r "" > c j Councilman Anting ranked if there's a moratorium on that area and Mr. Davie , . ` said the moratorium in in the County and Count's Comprehensive Plan i s� does not account for the p,rawth that is to crake place in thin ores. l F ,•x, k added the City's Comprehenaiver Plan allows for going beyond the limits. ,- 1 l Mra. 1'lenk.�tt atnted they count l''� the County and ank for a waiver on conetLuct,on bocaueo the moratorium In boned on welter and awar availability and we have the nvr acrordine to Mr. Wadsworth, no they must get : ,e w v � the waiver from the County. Mr. !?nvi:a said the waiver was for six months r and extended Nix monthn and ho'd like to wait for six months because they ." , �' 4 � won't be ready. tars. Plaskett suggested that Mr. Berge talk to Vonnie r � Y 4 r Pearson or Big John because they'll hnvxi to make the decision about annexing into the City. Mayor Baugh agreed it has to clear the Coun'., firat. 4 t'� ,, Mr. Davis said he'd talked with City Attorney Alvarez about the County and * Ne i ,. , � f+,� he told him they can resolve it. Mayor Baugh suggested he get it in writing -F y . from the County, l .: f s' Mayor Baugh atnted he'll allow audience questions at this time. .AP r. James Mackie asked if it's waterfront property and homes and land for «tea q � 1' $70,000, Mr. Berge said waterfront will he expensive but they haven't set .'o ? * %, rya the prises. Mr. Mackie naked about mobile parka and Mr. Berge stated it's _ p ` ' ' ri i4 menufncturcd housing. Mr. Mackie said he doesn't sea why they can't have their '' "* 1 :1-t, e own vecurity };Wards when the development is completed. Mrb. Plaskett said it's ► t ' Yr3 J* according to whether it's a private street. Mayor Baugh said they can't do that "sas of »V. 1577 .'.s i 1 1 if it' n County or City strec . Mr. Mackie said the City vehicles can ;,o in , '� ' 4. . .4-0" � 1 = r ; but they can keep str.meer s out. z r ar+w ; a r Y. v , ' Mayor Baugh said the project will enhance the City and they listen to the « + i 'r' citizens. « ` ; Mr. L`avis noted the pricer quoted will lutes $7 82 added. tf 413-1 l e Yr d ,. . 4 .a� *' ,, Mrs. Plaskett said if they get the annexation approved, they need to make 8 " & °' 1§ applic ton for annf�: ;on and get the Count, waiver on the moratorium and t '' , ', " , ? the M11-2 zoning for a subdivision. She said it will fall under those ' ; c. + W* regulations and there are no setbacks so it will have to be applied to that f 7, piece of property and take into consideration the density. She pointed d' s, ' 4';4 out they'll have. to amend the Comprehensive Development Plan with a 90 -day ` e. A 4 a '. waiting period for the City to get approval. She noted it's included in l...--%'','4'",i ' -es, ^�rl the future land use plan taut they'd have to amend the Comprehensive Plan t•z` to include them in the City boundaries. She asked if they will plan to ,,.r i f 'ma YE; develop with County regulations and zoning and annexation, and if so, what •! '4 r: 'f ; � eta is the zoning for the County. Mr. Berge said he assumed it will be the * l �' "+� City annexing and zoning. Mrs. Plaskett said he can do that Mr. Davis said ' x t'ar'e e #fie he thinks it's BR4 or something and they want to apply to the City for MH -2 x with the exception of some on U. S.1 for commercial. "r " a' a .ti; �, -3- Coencil Special Meeting & Workshop Minutes #a #' g V April 24, 1986 �f w}�, ..r i i ?1 lc _. a _.�.5 ._ Yeas of Y "+ka rH fi . r[. ,y _.._ • i Y y f� - y .-- - Ciliy Clerk 44 ., < , K a �a j k 1 , ,: . [ '' d X .1 ',a „ . - t i '� �yy i+ti Mr.,. Plaskett naked if they will develop it if they don't get annexation and Mr. Berge replied no, the purchase of the project in, contingent on �, „ 7ouing nud annexation. . n , i .i a. City Clerk Martinez asked if they're talking about 400 feet on the highway 14 4W1J'Ifi or lc. and Mr. U:evin replied le,..;, as they're looking nt n clo:ic ;ter ,+- ��Y ' WW; s . convenient ^hopping are•n for en. e.ntlnls. } . x v ' • b'r,:;• :r. 'L(; zn.`errc reporter for the News h Observer, nsked about future :le" • _' ,nc use for the City and if thin in to be used for NB-2. Mrs. Plaskett , w� , ; 7 suggested the look ai, the map after the meeting. �ay� Mr. donee Heckle. asked Low much property would he available for B -3 on the 1 - u z highway and Mayor Baugh Laid it's 400 depth. City Clerk Martinez pointe 1k � ti 0,7 that not all the property abuts. tt V.:„,.'...,,,, x . Mr. Davis Stattd the project ha:e a trumendoun [Inset with the Sun Oil Co,,pany .,.4-F '. r b b ^:;lud it and they won't gat it half built and then go broke. Mr. Lyons 4x ' P '' r ^ tea _ said the Rndnor Corporation In very proud of what they've done: in rho , '' ;5 ' .-' la-:,t ten yearn. Mr. Berge said they'll develop about 200 lots and the t ..; rcccre attonatl faci1itic° before! the start nnllln 415:0W1,449,1. � x - 4a Y g• hr a L `ik Mayor Bnui;h asked how many phis. hey enticipote and Mr. Marge replied three veil '.,,,P--.""46-,.,A,„-.k, , ' 4r � t p are shown but it will probably be t M yur ':-,tut;h asked the time span � � r ,0 and Mr. Burge Maid 5 -year r.sllout is n conservative figure. Mrs. Plaskett 0 � r .ep .F.ti i•' r} /' mss, asked about statistics to back that up and Mr. Berge acid he can show them C�� comparable° around the state. Mrs• Plaskett a they have thin 0'P project 1 sked it the a ro '-: 'x' aI w h P � � *�yr r *, in the County and Mr. Barge maid moat of the projects in Volusin County are }l ,. 4 x 4f;t$4 ti„' , rental parka and practically no Kubdtviniona. He added rentals mak41 n lot of :. � r^+ , ,':,:::1:: : :,;;,'':1,',75' " s 4 s money but males are on time only. Mr. Davis . u ^,t ,ntrd she call Security � � ;`A ' l;k " .n First in Dayton Reach and the, can tell the noll out role of Peer Creek, a ' , tee is .i, similar project, which in about 90Z built out in two years. Mr. Berge fte i sold they opened the nnles nix months ago rind there ware alrandy 70 snler1 n . . nt LaCoste. Het added they expect 60 or 70 the first year to t :ash of 150 , ,,, -, 3 the third year. 7..:V4.1:';3'!'-':;',‘.:::::,I., ' Mrs. Mackie °:eked the name of the manufactured homcx complex, and y ` Mr. Mackie asked how many yearn it will take to develop. Mr. Berge replied y t' -r s M > > it will be about our years. 1c or Pau };h .uggeeted they could have a contest - � 1. A to 11:1110 it. f ti . . - � i . A . a a 1r. Bergs thanked the Council for calling thin Special Nceting. 1 o a f „ - ?')or Bough requested n motion to nrea7+ the 'worS hap and .;o b +7cn into the ii`. Council nu cclnp.. Councilman Inman :co moved. Counc +_lean Prater seconded the t ' * v motion. action CARRl1:P 5 -'1. &r a G vor u.tn7 ,ked Council Wishes u to it the proceed or stop. Councilman R � " ''�I ' A •; _n,: noted tho application for arms a7 on i :,7. t approval and ft bas to go thr ugh the regular procedures Councilman Inman :ta_ed Council wants 'input ' ' m. , a : of the people and a Public nearing. Mayor Ban; h agreed but added they want o a # to know if the City':; interested. Councilman Acting e:tated he's 1 itereored and � : Councilman In.mn agreed. greed. �'. t' s 45 di ' �"' Mayor Baugh asked Council to go on record for a motion t'-t we are interested ' 1 if the c:cteria can be . Councilman Rotund() made that a motion. Councilman `s - • Inman seconded the motion. Potion CARRIED 5-0. Mayor Baugh ornted tho intent a• '� .„ `. ;:. -"" of o Council. is t:; proceed, providing ev,orything can he satisfied ied with the #., :',;0,,s14' ' 4TMi I County. ,,.g iyo: , : u�;1 rec,mCted .1 mr , tfen to .,djnurn. Coonc117rt0 A7tinc '10 n, uved. Councilmen Lmnan s econded t!.. motion. Meeting was djo7nned at 3:CO P.M. )4A,-:... A s Minutes submitted b• 1+'k -„ r. l yY i Lur { Sue !;os : v4 `" �t 7 ;! -4- Council Special Meeting 4 Workshop :•!inutea r _,.,. } -•w , °,%"A April :'4, 1556 .0, „ AA a> y ti ' ^tom r� t I r 'fi , t Y x ti il.�'• .- <.y L ......: ,. ../ _ l.� . _ _ �q � '' t g Ri� i! tai! n } a tr'�� r k ',' Cf * - �'N ,e, Y +t 44r 4a t ,I,yy :i y 3Y,, , 2Y . ! r iC r " ' $ n >. � 4 S °:' y 1 ° I" L V yX y ° G s �.i ,� ' j 7 i� 7 g r r , :: 1 t., r I S h S"Ydr A. 1. +"!3' s4'< • ', , —7 Tr •:44.%''' . - 4 , , ,f-,.04-: ? :::' A •ri : :; .A .,.,. S!,:n-tyrQ 7: unlv - (21ty Council Sp,c1n1 1 & .workrhop Mlnute9 • 19',V, .I.,„. it ' . • .., -1 Aff . , 7 ... ----1 c a . (. ':, ?.4 .. ' ' MA Y o / 00.:...klt,;.,5,..a.,,,:::;7 1:„.7,,,..,.;,..„),..i.,,,,,It...4„,..., ...„.,.._..7,.:4„,,..„,„,.. ' 11. COLici a LMAN 0 .41.,tel . 1 . -11 .t(-riAl- ' T;; ' ':;.: ;:1 ;: , :. <,:' .,:■ :V , COUNCILMAN - ZONE 1140 , . . , coTiNciLmAN - (LONE '1'111:LE 6 / - 7 1 `,:"'''' ) -1( . -=........‹.,:.44.- - ( . ..:T,)UN C IL MAN - ZONE FOUR (..../ .4.7t,, , i.:- . .' ,..r.1,-.. , t'A - 7 " p..... ..: .4, 4:44)- r.94:• cl Tv 1:1,1,v1: '"*Nt'.';,:147,.i. . • ,,, „ 4'..4?„---....,,z4t -.- - , -r. °I. nrov th uy oi , ,-- \, 1,9 f': ,.:, , . .... _ ._ _... . ....,._ _ . .... „ ,.. .; - ' 1 :' ,0 " - .7-,.:r.„..-A -- . , :,,., • , - / • r s ,.. , -;•77 ,,, N - 17 , 7'.* .. r 1 . 4...`, ^;,..*.':'":3 ;y^ .,.: ,., -..".•iii,' ' :....,;'-'-'., , . ',..-1:-.7: - — . . , 4 , . . • - •--- • - '.! ..;•,",e4,0 - , . , • , : :'.-' % :- ,...,. - ?- . -.', /!.,',5.4';'.,,10..-^ltptf;,;•, -5- Council Special Meeting & Workshop Minutes WWW;AZV.41,7101...., April 24, 1936 4. '.41 .';',' ,.•;.Z.:1 ..e .• qr-7roest4t ''' '.14 2 " ;:fi 7tt, • .41A41,-;44 • ., . • , ... . '.. . . • ., . . .. . . „. -. . ; • .,,s '':' ' .. ,, . - ''' • ''^` 0 IV . , ... . . . ,. • . .. 7 . ,1 7 vo, R...1.;.•: , . ,. _ ,,,,'-' ra«:1 4 ,, $ •:,.... ,,,r,' "" , . : ,,..,., ..... .:,.., . -.*... ,...„, . ' .,- • • • , - .- „f..:.:, ,,,-- ,- ,, , . , ,,,,,, -,- .- -.,,, ,- :,R,- - .,•,,-.,..,:_, ,,- , P-:.rA',•,' _ ...` ,,, ( ,,:',,;.:"::, i ' '', i.'1 ' :. : .." ''.' '3f : ; ,.. r C ' ' ' ; ' -7 . .' • '` , %.:. ••• • , : • f:": : .‘ile`.1...,. MARK DOWST & ASSOCIATES, INC. CONSULTING ENGINEERS AND PLANNERS THE EDGEWATER LANDING FOR RADNOR CORPORATION CHARACTER OF THE PROJECT EDGEWATER LANDING WILL BE AN EXTRAORDINARY ENVIRONMENTALLY SENSITIVE WATERFRONT COMMUNITY OF OVER 400 MANUFACTURED HOMES. MANY UNITS WILL OVERLOOK THE INTRACOASTAL WATERWAY WHILE OTHERS WILL ABUT A SERIES OF PONDS. THE COMMUNITY CENTER AND RECREATION CLUB WILL BE THE CENTER OF ACTIVITY AND WILL BE CENTRALLY LOCATED. A SERIES OF NATURE WALKS WILL TRAVERSE THE SHORELINE OF THE DEVELOPMENT AND WILL PROVIDE PEDESTRIAN ACCESS TO THE CLUB. A UNIQUE FEATURE - OF THE PROJECT WILL BE THE ABUNDANCE OF NATURAL VEGETATION AND LANDSCAPING. ONLY SELECTIVE CLEARING WILL . OCCUR DURING CONSTRUCTION LEAVING A MAXIMUM OF' EXISTING VEGETATION. AN • AMBITIOUS LANDSCAPE PROGRAM WILL BE UNDERTAKEN TO SUPPLEMENT THAT WHICH IS 'RETAINED. THE INTERIOR CIRCULATION SYSTEM WILL BE A HIERARCHY. PUBLIC STREETS CONSISTING OF A MAIN ENTRY DRIVE IN ADDITION TO MINOR THROUGH, LOOP AND CUL -DE -SAC DRIVES. RECREATION VEHICLE AND BOAT STORAGE WILL BE RESTRICTED TO AN AREA PROVIDED WITHIN THE COMMUNITY. FUTURE DEVELOPMENT ALONG U.S. 1 MAY INCLUDE A CONVENIENCE STORE AND RESTAURANT TO SERVE THIS COMMUNITY AS WELL AS THE ENTIRE CiTY OF EDGEWATER. CERTI FICATION certify this to bo a true and corre ;t copy of the record in my eiiice W!TNES "T i; my ! and official seal Florio''this t � d ay of fit City Clerk Revised 8/17/37 420 N. HALIFAX AVENUE, SUITE 3, DAYTONA BEACH, FLORIDA 32018 (904) 258-7999 • MARK DOWST & ASSOCIATES, INC. CONSULTING ENGINEERS AND PLANNERS THE EDGEWATER LANDING FOR RADNOR CORPORATION DESCRIPTION OF LAND USE EDGEWATER LANDING WILL BE A COMMUNITY OF FOR SALE MANUFACTURED HOMES EACH TO. BE LOCATED ON A FEE SIMPLE LOT. THE MINIMUM LOT AREA WILL BE '6, - 000 SQUARE FEET. EACH HOME WILL BE SET BACK AT LEAST 25' FROM THE EDGE OF THE DRIVE ON WHICH IT FRONTS AND THE DISTANCE BETWEEN ADJACENT HOMES WILL BE AT LEAST 16'. THE MINIMUM LOT WIDTH WILL BE 55' ALTHOUGH THE WIDTH OF MANY WILL BE GREATER. ALL HOMES WILL BE DOUBLE WIDE MANUFACTURED HOMES AND EACH WILL HAVE A CARPORT AND UTILITY /STORAGE STRUCTURE ON ITS LOT. THE COMMUNITY WILL ALSO 'CONTAIN A RECREATION CLUB CONSISTING OF A COMMUNITY BUILDING, SWIMMING POOL, —TENNIS- COURT, AND SHUFFLE BOARD AREA. -A SMALL PORTION OF .THE SITE AREA WILL BE SET ASIDE FOR RECREATION -VEHICLE 'STORAGE. THE FUTURE.USE OF - -.THE COMMERCIAL FRONTAGE HAS NOT BEEN DETERMINED ALTHOUGH SEVERAL CONVENIENCE USES ARE BEING CONSIDERED. 11111. — fA 141(0141W r. /61 A'TEL 0. BERGE IA MANAGING PARTNER EDGEWATER LANDING C R' I F CA.TI ON i cc;ri y this to be a true and correct copy of the record in my office. WITf my hand and offtctal seal of the Ciff ,;:. , th day of Gill/ Clerk Revis*cI 8/17/87 420 N. HALIFAX AVENUE, SUITE 3, DAYTONA BEACH, FLORIDA 32018 (904) 258 -7999 LAW OFFICES ( r, 17,'L'� J1 ri j r � ( ! r� l FIS IIBACIK, DAVIS, IDOMINICK BBN10 ETT l � n } L 7 � ®wiles t� WATTS u ORLANDO OFFICE DAY•ONA OFFICE G. BEN FISHBACK (1893 -1983) A. KURT AR DAMAN 170 E. WASHINGTON ST. 926 SOUTH RIDGEWOOD AVE. JOHN F. BENNETT ORLANDO, FL 32801 DAYTONA BEACH, FL 32014 DEANNA E. BOONE CHARLES EVANS DAVIS (3051 425 -2786 19041 252 -3004 T. SCOTT FRAZIER JULIAN K. DOMINICK JOHN D. GALLUZZO J. SAM OWENS, JR. DONALD G. MORRISON C. ALLEN WATTS GEORGE S. PAPPAS ERIC D. ROBINSON OF COUNSEL PLEASE REPLY TO: GLENN D. STORCH STEPHEN P. KANAR Daytona Beach July 7, 1986 Lynn Plaskett City Planner Edgewater City Hall Edgewater, FL 32032 Re: Radnor Corporation /Edgewater Club Dear Lynn: It is my understanding from our conference last week that the zoning classification applied for with the annexation petition is suitable for the intended-- use of a manufactured housing subdivision. In that manufactured housing is not a mobile home in the traditional "trailer" sense, I wanted to confirm that it was our understanding that these units are considered mobile homes pursuant to the definitions provided by the City of Edgewater Zoning Code, and that our requested zoning classification is correct. Please do not hesitate to contact me if this is not your understanding, or if you have any questions regarding this matter. Additionally, please contact me if I can be of any assistance, or if you need additional information. Your ve .. , r 1. St. ch 0 E, y x 'A _ F GDS:cmv , rt r, J ,r)+� end tf .. gal of IS • > : z . ORDINANCE NO.-87-0-15 • . 4 - e . - . , y« AN ORDINANCE OP THE CITY COUNCIL OP '3HE 1 OP • i ' 1 . - FLORIDA AMENDING APPENDIX A, ARTICLE VT, r •1 '.;,. EDGEWATER, FLO , ' SECTION 605.02 •MOBILE HOME SUBDIVISION DISTRICT" �4../ , OF THE COD! OF ORDINANCES OF THE CITY OF EDGEWATER, BY } r.• -.s REPLACING ALL REFERENCES OF MOBILE HOME WITH ..'.1 MANUFACTURED HOME; BY ALLOWING POOLS AND OTHER IZE ,� RECREATIONAL FACILITIES; BY INCREASING THE MINIMUM STHE • .. " " ' FROM le TO SO ACRES; BY INCREASING THE LOT AREA, DIMENSIONAL REQUIREMENTS r THE LIVING AREA REQUIREMENTS; y , .• 1r REGULATING SIGNS, TREE REMOVAL AND OPEN SPACES; ►', CON2AINING A REPEALER PROVISION, A SEVERABILITY CLAUSE r ?�•� ' AND PROVIDING FOR AN EFFECTIVE DATE. `'• ', WHEREAS, the Planning and Zoning Board of the City of Edgewater, Florida, at a regular-meeting ,,of December 18, 1986, '' recommended: that,an - amendment'bewmade to',Section 605 02, MH -2, n • Mobile Home Subdivision ' Diatrict; and; ` ' WHEREAS, the City. Council of the City of Edgewater, at a , l, regular scheduled meeting of January , 1987,: instructed the City ,_ rt 5 ' Attorney to prepare an ordinance on the subject; ,. NOW, :'HEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF ,+ z .,,t•'.,-;,. i EDGEWATER, FLORIDA: ;fi } SECTION 1. Appendix A, Article VI, Sec. 605.02, Mobile I>S ,._ Home Subdivision Distri ^t, of the Code of Ordinances of the City ', Z' "A, of Edgewater is hereby amended as follows:* • APPENDIX A, ARTICL VI, SEC. 605.02 +4; " "�' MOBELB MANUFACTURED HOME SUBDIVISION DISTRICT ; ` Sec. 605.02. MH- 2Mebile Manufactured Home Subdivision .¢ -, District. } ,, i �-' (a) Statement. of Intents . The MH -2 Meb4le Manufactured 4:: 4 :' , 2 ' ' Home Subdivision District is intended to apply to areas to be '`.' used for mob4le manufactured 1. ;me subdivisions. All land w '' area which were platted and recorded aubd:.visionss prior to the .•, ''. , =� ,,.,. areas rezoning as an MH -2 District must only Lomply with the 'x, ;kl.+ regulations listed below prier to the sale of any lots for the .r::' A ° -►;• placement of a Meb4le manufactured home. Any area that is zoned as an MH -2 District and will be a newly platted an ' - rr reco - ded 1116 bile manufactured home subdivision must comply y •, r with the MH -2 District regulations and the requirements of the city's subdivision ordinance (App. B of Code) prior to the sale • -'" �` of any lots for the placement of a mobile manufacU pd home. y [ :} ,c _ *• - - •. r /y +. • w k � ' 1 ,., y • . • ♦: '�._ , . 01 11F Ur M OINIMMINCIIIMMI (b) Permitted uses: Ma bile Manufacture3 home ., subdivisions for the placement of a stabile manufactured home ,�: •: t on .individually owned'lots, public or, private parks, playgrounds, playfields, recreatio bui and facilities owned and • : y operated by federal,tstatel county or'municipal 'governments. ...........,1..i:.:.*:'‘'1,..''.:...:. ,c) Permitt accessory uses: • Awnings, cabanas, utility Y, y s carports, windbreaks', " pools, or other recreation .. facility, or ; ,similar type uses.:;" - All necessary asee and structures shall be eens4dered.to be part of the dwelling unfit: ,. st,'4 (e) Dimensional requirements: ': , ; . , (1) . Minimum site size : .: i+ f19+ F (50) acres, • + excluding - :wetlands ; " 4. _ (2) Minimum,'.)t- ,size: n Vot�;a 9'9 Six thousand (6000) square 1. * * • feet, excluding wetlands „,, „. ; , ,,:,1 ,, , ..,.. , „ ,, a 14 w. m t.,-, , beb ; •1 wfd t 1 4 59 f . • . . 'D ' r 1 { i « _ � '4i -7. . t x —. stir �. 4' ' , c” ' • c b lengthr,rll9.,fee "` ' {rat , - S ide ` var d : `'kEight ' (8) f eet _ R Front yard Twenty fire (25) feet from cartway d s c ac Rear yard: •' Ten (10) feet �f ^. >, Nco(.2 '' Corder lot: Twenty -five (25) feet from cartway, - o Ls G v, both streE _s . „:.'7';.-',.-,'...."....-i••,.,., c 2 , ` z'` (3) Minimum living area: S hundred +699+ Nine hundred (900) square feet excluding accessory structures. (4) Maximum height: Twenty -five +25+ Sixteen � '' ' (16) feet from ground level (f) Perimeter enclosure 'requirement: The perimeter of the area between the ground and fl "or level of the meb4le a. manufactured home shall be enclosed with akirting or other • �i• screeaine technique -to eliminate the view of the underside cf the building from the street. (g) Off - street parking:, Two (2) off - street parking spaces shall be provided for each meb4le manufacture home. !h) 84gnu shall be prek4b4tad fit: flee MH -2 Mobile Beme •i ....C, Sabd4r4s4en District,- Signs shall he permitted throughout a ,. .w.. t .= -2 Ord. f7 -8 -15 •� ' .� i r_, t rek r"A'o.1 .. , d. � , a • , f: i • �• �. • ...,-..,...,.......... ..... :..!...., :„...:'. 4.. .2- , .• • -: '.• ., . ' ' :- , •-• : ' 4 .. , :•: . .-':.:. '■, • ''., :..e's .• • ..' .'f'' - • : .... 1 .•:% %::.•;'."'... 1 • - i.t.1 - 4 , :in.,' , -!'' . -;',.'." , ,...::k:.;, 4:-: '' ?' ,.:.' 1- * ' .'"-' . ' ' .-..., ..--:,....- ' • . ; ' -.'..- ,....‘'..."---;.' ' ' '-',--..,"-; - • . ", '.--.' ,..f.`...t.:,..: f t ',41 4 ..., 4 ,0,, v . v ..t.„,„;, ,....„0..,..... :... ' : ' - 4 "‘ r p t..-, : .,...;-,..... j . ... ,.:.:. ,, . . . - -.:..,. , ,,,,,.. .. , - :: i n „ 7 7 : ,,,,,,,, • ,e.,,, ! - .' 0 , . . . . ....! i.,-.:,..,.,:•-, ...:.-...,..,.„....7,.....,.. , , me- , .. , „ . . . . atabdOMOM. .. . -.J.:- : ...: - • . . shall be provided for each stabile manufactured itentaie '•• ' 71 . "-P.....:::: .• • ,..- . .. .... , ,, . ' ' -• .: ' - . - ' • , ' - , ' .- , - . • „, • . '1' • .., . • - •th ) Vcses;..shall be 4n the-MH e '..114f-- : • • ;..,.., •-• ;.. -,..-- .....- ''.;• Bebd+visIen 134s‘i4eti...Si•ns be •ermitted thro , a .. , .. • • • 4"6 . 7.4. :-..,....,.,.4% -:". ' manufactured hOme develOpniehtProvided all' such •signs are of a 1.•4,.`•■: - - - • , - . .- .... :. . • coordinated graphic style, entry :signs, directional and .;.7;37.?r.:;:ii.`':;:::;',-; . - ., •. ' • . traffic signsi-salea'- - street signs and house • --•,,•;. ......, ,,...•....,...... ;■;::"'*.;. ; :e:1'...' 2 ' V:- .',"` ' " '. . .- ' ; ' ": '1"'', numberingsigns and otheisimilar HOUSE FOR SATE signs „ , . ..,. . , . ,,......., ......_. shall be permitted prOvidirig are displayed only in a ,.. . ... ' - . • • • • ' -- '',.-1".;,:t.',-%-?1,r4. . • ..-:.,....L::! _ window of the housing unit for sale.' All other signs are . . , ...., prohibited .,:.., , . ..,,,,s:,..--;,...v41-.:';,...1:•.-- . , 't '- ' (i) Application for rezoning: 4 , - 'i: - .1 :::', •.: ,,,.. '''.:, ":'• ( 6 ) Approximate dens of population and • ' - - ''•••••• . . .. . .. . mebiiemanufactured homes. . • • .. .21( . . .. _, , .. . (8) Common open space minimum of twenty (208) percent. g , ,...... : .....:.,: - -.. • '‘ .......,.. ... (j), Site plan requirement: D r i o r to the issuance of a ,.:.• .. :',..,:.......,•;• n' , :.. . - .. . • • , .. , . .... . . :. :: r:' - .''''.:',•:';'. . building permit, four 44+,.eep4es: (13) copies of a .. .. site:plan'must be submittedtd and Ldty ,„. , •••;.'":•!..';','-' '''.' .... _ ....,...„ ZoninCBoard • drawn.at'"a scale no smalliar',.than.''ohe;11) :Inch equals one hundred- ... ••• • .'--- ..: : , • - . • . . (100) feet f-100 shall be in ..substantial compliance with ....,, .. • , __, • . . the outline development plan,and show the following ,J: ... ..... _. information: ..„... - ..._.-- _. L . . ' • ,....,..-...... -.... (k) Planning and Zoning Board review and approval: . ---. - . (2)Before acting on the plan the Zoning Board may *.t re'quest written reports from theeioty tanager City Clerk/Administrator, City Council, County Health Department, . .. .••.- .. • ... •.:Z;‘,..'.7z.C;7:-.7f; 1,:;.'...`-::::!' .......,•-.-..:....-,---.-.."....:. 2 Chief Building Officiel, Superintendent of Schools, and such _ - . ....-- ,-..-.-. , ....•.: ,,,::n", • ••• other public officials or agencies , ,, . . . .... - --- . ,• . .„...,- -7:--../.;.- (1) Performance bond or. improvements to be installed: .,.... .. • . . 4`4.c.,:....-4,.. . - , . .. . . • - • - - . .'Y .. .. • ' • - . (1) Prepare construction plans and specifications for ,•:i',.10 . • - . . - . . .. ... . . . , .,.... ... , . .,..7.:.-..;. all required improvements ,which shall meet with the approval of ' , s';;:,:,..„. .,.•.--.', ...„ ,,•,..:,-,,,,,,..4,,,; . . - •.. -• - ... ... ,.. .., , . ,.. . • - . •-............. the B4cty manager City Clerk/Administrator. After receiving . -..:„.,,, - -.-......... - ,7-:?:,::i,";, written approval from the eity Manager City ....0.7.... , Clerk/Administrator a start-week notice shall be issued by the .,.;-:;:•:4..),'!.-;...!.-z.. , - , r-'W. ,- .::.;' 1 •*-7.:,:"^: chief building official whereupon the subdivider is allowed to . - '1... ..4 • • - :- •- : ' ;1,7 ,,,,,...% , , install all required improvements, including landfill in -':7:2.7".-'744:::-:::. ... .:•. '....:.'.; ...• , ....''.?.'.°.::'.1!%::;... .. 3 .., .. .,., . • ''';',A-7,iiii. ,.,. . • „... . . r.f . =aim _ "` �= performance bond acceptable . .:.o. the City in .the amount of One ... d ;" ' `" Hundred and Ten (1101) 'percent of ±.the construction costs, • ` including landfill ae,estimated by : the efty Manager City _ . y , Clerk /Administrator to guaranteeithe,installation of;the`requir"ed • * . improvements. . ' If option one (1) is selected,, no lots may be sold unt all . :. '` o the required improvements" have., been installed by the d. :f'` t: subdivider. The chief Building Official shall make periodic site .. efe n 3t - inspections and file a written report with the eity Manager 'r•�- - City Clerk /Administrator when the required improvements have been -� • installed. (m) Occupancy permits: An occupancy permit shall be issued .7;- ' only after all improvements have been installed and each mobile manufactured home has been connected into the utility system. . (n) Tree removal: All MH -2 developments shall comply with Article IV, the'- "Tree" Preservation- = Ordinance , •. ••- of the City of Edgewater. , � ••t a x ' r;k tr - i • • , SECTION 2. All ordinances or° ordinances and all y . resolutions in conflict herewith be and thesame'are.hereby repealed. : • • • . -:.:.:: SECTION 3. If any section, part of a section, paragraph, o clause, phrase or word of this ordinance is declared invalid, the •,.;,,, -•:-., remaining provisions of this ordinance shall not be affected. •_,• .: :> :-,, SECTION 4. This ordinance shall take effect immediately •' "•• upon its adopt'.on by the City Council of the City of Edgewater, 'Pc-,T -. Florida, and approval as provided by law. - T - This ordinance was introduced by Councilman Asting . .:. This o.diaance was read on first reading' and passed by a . , vote of the City Council of The City of Edgewater, Florida, and approval as provided by law, at a regular meeting cf said ' Council on the 20th_day of July - , 1987. «• The second reading of this ordinance to be at a regular . .. , • . e - --- meeting of the City Council of The City of Edgewater, Florida, to • 1 be held on the l` day' of Y ° r-.r A igsst "" c,, , 1937. ;L - 77 " ,. - ,ti;;� •- •rd 87-0-15 ." .. , � • • !„ -!i' y _ .r✓' _.. y-. • '•. r ` -�. ' +.ice • Vt • ,." ROLL: CALL VOTE ON- ORDIIiANCC NO. '87-0- S AS FOLLOWS 7 c.- . . . . , : • Mayor .,1'.f.....;...-:..--- r _ 1 EXCUSF,D - ..:i',- f Counc lman -Zone One r , •-•."--,- r I . I a ICI � j(0 . � L r i o nc man-Zone • 1 ^i . «�rrt .din. G�, f :r: r 7 «• is Counc -Zo Th ee " ,. liar t!Y j, _ .,. ^.p , t . EXCUSED , :,, fC ra councilman -Zone Four y xw sw --' ` . SECOND READINGt :. , • s t <,� ' ,moo:- s 4/ • l Cou c man -Zone One o nc o e � Y ,: Councilman one hree i..,-.0,- ,f o ~ x L ' - t ,, { :£ man -Zone Four ' z. ATTEST '' r C ty Clerk 4.-0., i s lr: This ordinanu:. read and adopted on second reading at a qy.` regular meeting of the City Council of the City of :: ' y' Edgewater, Florida, and authent_cated this 17th Arty of y � August 1987. r ti e • , Mayor `f ...... * ti � r= r €F' A 'U N 1. 4 , _ k "1 This `ord- frfand� pre r �: , c.... it , f., C r true and ..,.':t'::++'�' / _ R- C:,: !, - .f.1 (?:, () - tip a._ ^ � ' h r : a �` o- . \•,` .. ?tt rney ` ! . - ^, i..� o rii,13' x -- ,. �. . a -. city Cis r k . 4 ; •,„:,..:. a�.f .r : S + ST0 13 °T r ♦: ,r 4, _' r4 "te • _ r;' -. .-,y4 A:.'„,..' ---At Mccoiw, BUBSEY, KETCHUM & DONOHUE, LLP A'1 "F ORNEYS AT LAW 245 F.WASHINt;7tlNSTREET. CF.filAIN ArIORNFY.S ALSO 110 SflLITII MONROF STRF:I.:r MoNTICELLO, PL 32345 ALiMITTF.r) IN GEORGIA, TALLAHASSEE, RORII.IA 32301 (850) 997.0799 LOUISIANA, NEW lERSISY, (850) 224.1600 FAX (850) 997 -6710 AND COIOFAL)(.) FAX (850) 122.8826 I'LIASF. R•PLY TO; GEORGE, A. RODF TALLAHASSF,E OFFICE RED;, PATENT ATTORNEY OS, PATENT OF11C:F: (RE(.:. NC). 30,028) c)F ('(TI■SEL November 15, 1999 Dominic J. Cupric 606 'Topside Circle Edgewater, Florida 32141-5936 Re: Richard R. and Marion R. Zapo, et al. vs. Morgan (3ilreath, et al., Case No. 96- 32730 -CIC1 Dear Mr. Capria: 1 am writing to briefly clarify two issues relating to the above - styled pending case in the Circuit Court in Volusia County. The fiat issue deals with an expressed concern that the complaint in this court case does not accurately specify how mobile homes in Edgewater Landing are tied down. Response: The Summary Judgment Motion now before the Court is not based upon the tie -down allegations in the Complaint. It is based upon the tie -down allegations contained in an affidavit from expert mobile home installer Jesse Stephens, that was filed in support of the motion and it is based upon the tie -down regulations contained in Florida Statutes and administrative regulations which the Court was asked to take judicial notice of. 1 also want to point out that Judge Will was taken on it personal tour of Edgewater Landing and two other parks by the lawyers from both sides so that he could personally observe the tie -down and installation situation. The teeog0 issue deals with a contention that remarks allegedly made by the Edgewater Landing developer might preclude the present challenge to the statute requiring mobile homes on homeowner - owned lots to be taxed as real property. Re, lodse: At the time the developer annexed the subject property into the City of Edgewater the applicable statute allowed mobile- homers a choice about how their homes were taxed. The present lawsuit challenges an amendment to that former statute passed six (6) years later which amendment establishes an automatic tax upon some mobile homes but which provides that other mobile homes that have exactly the same degree of mobility or non- mobility can pay a. much lesser tax. The result of the present case, if the plaintiffs prevail, will be new legislative enactments that tax similarly- situated mobile homes the same. The overwhelming likelihood is that more mobile homes in the City Edgewater will be taxed as real property in the future rather than less. This case is about one thing equal taxation for similarly installed homes. It is not about avoiding real r Dominic J. Capriu November 15, 1999 Page Two property tax. It is based upon constitutional equal protection principles. No agreement can ever legally prevent an individual from exercising his or her constitutional rjghts and. 1 am sure that the City of Edgewater would not want to contend that its residents have waived their constitutional rights in order to be residents of the City. If 1 can further clarify this matter please so advise. I will be happy to explain the case in person to the Edgewater City Council if it would be helpful. Sincerely, Ciuyte P. M Cord, 111 GPM /bbm