12-13-21 Draft City Commission Agenda
City of Atlantic Beach
Draft Agenda
Regular City Commission Meeting
Monday, December 13, 2021 - 6:30 p.m.
Commission Chamber
City Hall, 800 Seminole Road
INVOCATION AND PLEDGE TO THE FLAG
CALL TO ORDER
Page(s)
1. APPROVAL OF MINUTES
2. COURTESY OF FLOOR TO VISITORS
2.A.
Dr. Quinton White, Executive Director, Jacksonville University Marine Science
Research Institute, Jacksonville University, and St. Johns Riverkeeper Lisa
Rinaman will address the Commission regarding Coal Ash.
PUBLIC COMMENT
3. CITY MANAGER REPORTS
3.A.
Accept the 90-Day Calendar (January 2022 through March 2022)
90-Day Calendar - Jan. 2022 - March 2022
5 - 8
3.B.
Jordan Park Project
4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
6. CONSENT AGENDA
7. COMMITTEE REPORTS
8. ACTION ON RESOLUTIONS
8.A.
RESOLUTION NO. 21-57
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING THE 2021
AMENDMENT TO THE 2019-2022 NORTHEAST FLORIDA PUBLIC EMPLOYEES’
LOCAL 630 LIUNA, AFL-CIO “BLUE COLLAR” CONTRACT AND AUTHORIZE THE CITY
MANAGER TO EXECUTE THE AMENDMENT.
Resolution No. 21-57
9 - 12
Page 1 of 69
Regular City Commission - 13 Dec 2021
8.B.
RESOLUTION NO. 21-79
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE
PUBLIC WORKS DEPARTMENT TO PURCHASE A NEW GENIE S45 TELESCOPIC
BOOM LIFT.
Resolution No. 21-79
13 - 19
8.C.
RESOLUTION NO. 21-80
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID
#2122-01 FOR THE OUTFALL PIPELINE CREEK CROSSING IMPROVEMENTS.
Resolution No. 21-80
21 - 29
8.D.
RESOLUTION NO. 21-82
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, EXPRESSING SUPPORT FOR ACTIONS TO STOP THE SHIPPING OF COAL
ASH ON THE ST. JOHNS RIVER AND INTO JACKSONVILLE PORTS; ENCOURAGING
ALL JACKSONVILLE PORT FACILITIES TO CEASE RECEIVING AND/OR REFUSE THE
ACCEPTANCE OF COAL ASH; PROVIDING FOR CONFLICTS; AND PROVIDING FOR
AN EFFECTIVE DATE.
Resolution No. 21-82
31 - 33
8.E.
RESOLUTION NO. 21-83
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, APPROVING AN AMENDED, EXTENDED AND RESTATED INTERLOCAL
AGREEMENT REGARDING LOCAL OPTION GAS TAXES AMONG THE CITY OF
JACKSONVILLE, THE CITY OF ATLANTIC BEACH, THE CITY OF JACKSONVILLE BEACH,
THE CITY OF NEPTUNE BEACH, AND THE TOWN OF BALDWIN; AUTHORIZING THE
MAYOR TO EXECUTE THE AGREEMENT TO EFFECTUATE THE PROVISIONS OF THIS
RESOLUTION; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE.
Resolution No. 21-83
35 - 61
9. ACTION ON ORDINANCES
9.A.
ORDINANCE NO. 95-21-120, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING
CHAPTER 5 OF THE ATLANTIC BEACH CODE OF ORDINANCES, BEACHES
AND PARKS, TO ADD NEW SECTION 5-5, PROHIBITION OF THE USE, SALE OR
DISTRIBUTION OF POLYSTYRENE FOAM PRODUCTS ON CITY PROPERTIES
AND THE BEACH, TO PROVIDE DEFINITIONS AND RENUMBER THE
SUBSEQUENT CODE SECTIONS; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Ordinance No. 95-21-120
63 - 68
10. MISCELLANEOUS BUSINESS
10.A.
Juneteenth National Independence Day
Staff Report
69
Page 2 of 69
Regular City Commission - 13 Dec 2021
11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS
12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER
13. ADJOURNMENT
This meeting will be live-streamed and videotaped. The video recording will be posted within
four business days on the City's website. To access live or recorded videos, click on the
Meeting Videos tab on the city's home page at www.coab.us.
If any person decides to appeal any decision made by the City Commission with respect to
any matter considered at any meeting, such person may need a record of the proceedings,
and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record shall include the testimony and evidence upon which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should
submit a request to the City Clerk prior to the meeting. For your convenience, forms for this
purpose are available at the entrance to the Commission Chamber.
Every effort is made to indicate what action the City Commission is expected to take on each
agenda item. However, the City Commission may act upon any agenda subject, regardless of
how the matter is stated on the agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodation to participate in this meeting should
contact the City Clerk’s Office by 5:00 PM, the Thursday prior to the meeting.
Page 3 of 69
Page 4 of 69
CITY OF ATLANTIC BEACH
CITY COMNIISSION IVIEETING
STAFF REPORT
AGENDA ITEIVI:90-Day Calendar for the l\/Iayor and Commission
SUBIVIITTED BY:Yvonne Calverley,Executive Assistant to the City l\/
Ianager /
fa
’
’
T()DAY’S DATE:November 29.2021
I
MEETING DATE:December 13,2021
BACKGROUND:The 90-day calendar is included on the agenda for the pu
rp
os
e
ofsetting
meeting dates and deterniining the location,time and wh
eth
er
to
videotape special meetings and workshops.
The rolling 90-day calendar will be revised after receiving inpu
t
from
City staff and the Commission,and will be included in e
a
c
h
agendafor
consideration.
l_\Lo_le_s:
-A Town Hall I\/Ieeting is scheduled for Saturday,January 22from10am
to Noon in the Commission Chan-Abe)‘.
BUDGET:None
RECOl\’[l\/IENDATION:Approve the 90»Day Calendar for January through I\/larch 202
2.
ATTACHNIENT:l)l\/layor and Commission 90-Day Calendar (January th
ro
ug
h
I\/larch 2022)
.
REVIEWED BY CITY MANAGER:\—Agenda Item #3.A.13 Dec 2021Page 5 of 69
MAYOR AND COMNHSSION
\IU\1')\\
January 2022
§\ll‘I{l)\\'
Happy New
Year
2 3 4 5 6 Code 7 8
Enforcement
Special Magistrate
Hearing 2 pm
9 10 11 12 13 14 15
Commission Mtg ESC Tree Shakespeare in
Songwritefs 5:30 pm ;Lilm the Park
Come"(Invoc~Kelly)ESC Meeting 6 pm 6:30 —9:30 pm
6 Pm Mayor’s Advisory (lohansen Park)
Council Time TBD
16 17 18 19 20 21 22 Town H311
MLK Day Community ESC Outreach Meeting
Development SubcommitteeCityOf?ces ._10 am to Noon
Closed
Board Mtg 6 pm Meeting 6.30 pln (Chamber)
23 24 25 26 27 23 29
Commission Mtg ESC LE1’:-‘D
6:30 pm Subcommittee
(Invoc-Norris)Meeting I]am
31
Agenda Item #3.A.13 Dec 2021Page 6 of 69
MAYOR AND COMIVIISSION
February 2022
1 2 3 4 5
Blood Drive
(City Hall)
Noon to 5 pm
5 Donna 7 8 9 ESC Tree 10 11 12
Mamthon Subcom 5:15 pm
ESC Meeting 6 pm
Songwriters Due Date for 1/24
Concert 6 pm Agenda
13 14 15 16 17 18 19
Commission Community ESC Outreach
Meeting Development Subcommittee
6:30 pm Board Mtg 6 pm Meeting 6:30 pm
(Invoc-Mayor)
20 21 22 23 24-25 26
President’s Day ESC LEED
Subcommittee
City Of?ces Meeting 11 am
Closed
27 28
Commission
Meeting
6:30 pm
(Invoc-Bole)Agenda Item #3.A.13 Dec 2021Page 7 of 69
MAYOR AND COMMISSION
March 2022
Special
Due Date for Magistrate
3/14 Agenda Hearing 2 pm
6 7 8 9 10 11 12
ESC Tree
Subcommittee
5:15 pm
ESC Meeting 6 pm
13 14 15 16 17 18 '19
Commission Mtg Community ESC Outré?ch
6:3 0 pm Development S“b6°Eg"““'°°
(Invoc-Waters)Board Mtg 6 pm
D
'Pm
aueDatefor.2/14
Agenda
20 21 22 23 2-!»25 26
ESC LEED
Subcommittee
Meeting 11 am
27 28 29 30 31
Commission Mtg
6:30 pm
(Invoe-Kelly)Due Date for
4/1 1 Agenda
Agenda Item #3.A.13 Dec 2021Page 8 of 69
AGE DA ITEJVI:
SUBNIITTED BY:
TODAY’S DATE:
NIEETING DATE:
BACKGROUND:
Des
AGREEMENT lntlo:
Wzlgcs prnvis
CITY OF ATLANTIC BEACH
CITY COl\/Il\’IISSION NIEETING
STAFF REPORT
Resolution No.2]-57 approving the 2021 amendinent to the 20]9~
20
22
Northeast Flarida Public Employees’Local 630 LIUNA contract.
Catherine varian,Esq.,Human Resources Director av C,\/
Novernber I8,2021
Decexnbcr 13,2021
The contract that the City of Atlaiilic Beach entered into with LIUN
A
Blue
Collar Union expires Septeniber 30.2022.'l‘he City and (Jnion hadaseriesof
successful public negotiation rneetings and canine to an agree
nient
,
pending
Cornrnission approval,on just two changes to the contract that b
e
n
ef
it
boththe
City and the Union members.The Union rati?ed the vote on No
vei
nb
er
5,202].
The provisions in the contract that have been changed are:
criplion
n aniended lo renect 4%ilitrrcusc ror cInpIt)y<>cs_rclroncliv
c
toOctoberI.
202 I.pending commission npprovnl.
The parties agree to hold their ?rst negotiation rneeting for the 2022-2025 agreernent byl\/lay31.
2022 and to ?nalize wage negotiations by July 1.each year,when the salary provisions o
f
th
e
Citybudget
is due to be ?nalized.
BUDGET:
RECON!l\/IENDATI ON:
ATTACH IVIEIVTS:
The additional 1%is not included in 202 1-2022 City Budget
That the City B/[anager be authorized to sign the attached ai
n
e
n
d
tothe
2019-2022 agreewient with the Union.
1 )Resolution No.21-57
2)2021 /\n1en<:ln1ent for 2019e2022 LlU'NA Agreemeiit
.
REVIEWED BY CITY IVIANAGER:
;x
Agenda Item #8.A.13 Dec 2021Page 9 of 69
RESOLUTION NO.21-57
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,APPROVING THE
2021 AMENDMENT TO THE 2019-2022 NORTHEAST FLORIDA PUBLIC
EMPLOYEES’LOCAL 630 LIUNA,AF L-CIO “BLUE COLLAR”CONTRACT AND
AUTHORIZE THE CITY MANAGER TO EXECUTE THE AMENDMENT.
WHEREAS,the City of Atlantic Beach currently has a contract in place with the Northeast Florida Public
Employees’Local 630 LIUNA,AFL-CIO “Blue Collar”Union expiring in 2022;and
WHEREAS,every year a new amendment to the contract is negotiated;and
WHEREAS,Northeast Florida Public Employees’Local 630 LIUNA,AFL-CIO “Blue Collar”Union
and the City had a successful negotiation process this year;
WHEREAS,the following provisions were updated in the new contract:
0 The Wages article to re?ect the employee wage increase of 3%contained in this year’s 2021-2022
budget plus 1%;and
0 AGREEMENT Intro:
The parties agree to hold their ?rst negotiation meeting for the 2022-2025 agreement by May 31,
2022 and to ?nalize wage negotiations by July 1,each year,when the salary provisions of the City
budget is due to be ?nalized.
NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows:
SECTION 1.The City Commission hereby approves the 2021 Amendment to the 2019-2022 Northeast
Florida Public Employees’Local 630 LIUNA,AFL-CIO “Blue Collar”Union contract;
SECTION 2.The City Commission hereby authorizes the City Manager to execute the amendment;
SECTION 3.This Resolution shall take effect immediately upon its passage and adoption,with the pay
increases retroactive to October 1,2021.
PASSED AND ADOPTED by the City of Atlantic Beach,this 13"‘day of December,2021.
Ellen Glasser,Mayor
Attest:
Donna L.Bartle,City Clerk Brenna M.Durden,City Attorney Agenda Item #8.A.13 Dec 2021Page 10 of 69
This Amendment to the 2019-2022 Agreement between the Noitheast Florida Public
Employees’Local 630 LIUNA,AFL-CIO “Blue Collar”Union and the City of Atlantic Beach,
24.1
Florida,affects one Aiticle,as follows,and will be effective October 1,2021.
ARTICLE 24 -WAGES
(a)Union employees with six (6)months service as of October 1,2021,are in a
position that is considered “year round,”working on a scheduled “year round”basis,shall
receive an increase of 4%,effective October 1,2021.Those that do not have six months of
service as of October 1,2021,will receive a 4%increase upon satisfactoiy completion of
their probationaiy period.
(b)Notes
Maximum Pay.In no case shall an employee receive a pay increase that would result in
the employee’s pay exceeding the maximum pay for the grade of the position to which
the employee is assigned.Employees who have reached the maximum of their paygrade
will receive an annual bonus equal to the difference in the amount of their salary and
what they would have received if they weren’t maxed out.This will be paid at the time
raises become effective.
AGREEMENT Intro:
The parties agree to hold their ?rst negotiation meeting for the 2022-2025 agreement by
May 31,2022 and to ?nalize wage negotiations by July 1,each year,when the salary provisions
of the City budget is due to be ?nalized.
SIGNATURE PAGE
IN WITNESS THEREOF,the parties have caused this to the Amendment to the 2019-2022
Agreement between the Northeast Florida Public Employees’Local 630 LIUNA,AFL-CIO “Blue
Collar”Union and the City of Atlantic Beach to be signed in their respective names by their
respective representatives and have executed this Agreement.
FOR THE CITY:FOR THE UNION:
City Manager Manager,Catherine Varian,Esq.,Negotiator andDirectorofHumanResources Agenda Item #8.A.13 Dec 2021Page 11 of 69
Rati?ed by Union members on:November 5,2021
Approved by the City Commission on:December 13,2021
Agenda Item #8.A.13 Dec 2021Page 12 of 69
AGENDA ITENI :
TODAY’S DATE:
IVIEETING DATE:
SUBIVIITTED BY:
SU]\/I]\/IARY:
RECONINIENDATION :
BUDGET:
ATTACHNIENTS:
CITY IVIANAGER:
CITY OF ATLANTIC BEACH
CITY COMMISSION
STAFF REPORT
Resolution No.21-79 authorizing the Public Vt/orks D
e
p
a
rt
r
n
e
n
t
to
purchase 8 New Genie S45 Telescopic Boom Li?
November 1 8,2021
December 1 3,202 1
Scott Williams.Public Works Director
The Public Works Depamnem is intending to purchase anewGenie
s45 Telescopic Boom Lift under the Florida.Sheriffs A
ss
o
ci
at
io
n
Contract #1311)FSA2()—EQU18.0 in the amount of $89,
655.
00.This lift will bene?t the City in that it will enable staffto sa
fe
ly
reach
heights of up to 50 ft.for uses such as tree trimming,m
ai
nt
ai
ni
n
g
ball field lights,hurricane shutters,building maintenanc
e
(gutter
cleaning,painting,roof repairs),holiday decorati
ons,
?ag
exchanges,wastewater and water plant lights an
d
misc.
maintenance,and many rnore uses throughout the Cit
y.
This
purchase will eliminate the need for rental li?s and somecontr
actorcallouts,and the equiprnent will be on hand immediately forany
ernergencies when the need arises.
Approve Resolution No.21-79 authorizing the Public Dept.
to purchase a New Genie S45 Telescopic Boon)Li
?
unde
r
the
Florida Sherriffs Association Contract referenced a
b
o
v
e
,
inthe
amount of $89,655.00.
There is $90,000 budgeted in FY2l—22 For this lift i theStreets
Account #0O1eSOO2A54‘l—6400.
I .Resolution No.2 1 -79
2.Pricin Speci?cations from Ring Power Corporatio
n
Agenda Item #8.B.13 Dec 2021Page 13 of 69
RESOLUTION NO.21-79
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,
AUTHORIZING THE PUBLIC WORKS DEPARTMENT TO PURCHASE
A NEW GENIE S45 TELESCOPIC BOOM LIFT.
WHEREAS,the Public Works Dept.is intending to purchase a new Genie S45 Telescopic
Boom Lift under the Florida Sheriffs Association Contract #BID FSA20—EQUl8.0 in the amount
of $89,655.00;and
WHEREAS,lift will bene?t the City in that it will enable staff to safely reach heights of
up to 50 ft.for uses such as tree trimming,maintaining ball ?eld lights,hurricane shutters,building
maintenance (gutter cleaning,painting,roof repairs),holiday decorations,?ag exchanges,
wastewater and water plant lights and misc.maintenance,and many more uses throughout the City
as needed;and
WHEREAS,the purchase will eliminate the need for rental lifts and some contractor
callouts,and the lift will be on hand immediately for any emergencies when the need arises;and
WHEREAS,there is $90,000 budgeted in FY2l—22 for this lift in the Streets Account
#001-5002-541-6400.
NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach
as follows:
SECTION 1.The City Commission hereby authorizes the Public Works Dept.to enter a
requisition for a New Genie S45 Telescopic Boom Lift;and
SECTION 2.The City Commission hereby authorizes the City Manager to approve a
purchase order to Ring Power Corporation in the amount of $89,655.00 for this lift.
PASSED AND ADOPTED by the City of Atlantic Beach,this 13"‘day of December,
2021.
Ellen Glasser,Mayor
Attest:
Approved as to form and correctness:Brenna M.Durden,City Attorney Agenda Item #8.B.13 Dec 2021Page 14 of 69
Ring Power Corporation
590 World Comme rce Parkway
5:.Augustine,FL 32052
QUOTE PER THE FLORIDA SHERIFF'S ASSOCIATION CONTRACF
Quote Prepared For:6/14/2021
City of Atlantic Beach
(1)NEW GENIE $45 TELESCOPIC Boom l.lFl'
coNTRAc_r_D_I_~:I:AILs ____7
___
Florida Sheriff's Association
Bid at FsA2o—Ec1u:Is.o
Item #142:Group:LIFT:scissor Lift ~Self Propelled
>
Contract Dates:October},_2_cI2o through sgpternber go,2023
__
BASE NIACHINE
BASE Genie GS-1932,Per $her|ff's Contract Speci?cations $14,175
s-45 HF awn
W
upgrade to_$—45 HF 4wD,_Ege |VIa<:h|ne_0nIl
_W575 480
TOTAL OF BASE MACHIN
_/,
_389.655
NON-SPECIFIED OPTIONS
2 SPEED wHEEL MoToRs INCL
ACl'[VE OSCILLATING AXLES INCL
LIFT coNTRoL TELENIATICS INCL
POSITIVE TRACTION DRIVE INCL
HIGH FLOATATION AIR-FILLED TIRES INCL
as HP DELI11 TIER 4|:2.9 L4 DIEsEL ENGINE INCL
ANTFRESTART ENGINE PROTECFION INCL
AUTO ENGINE FAULT SHUTDOVVN INCL
12v DC AuxILIARv POWER UNIT INCL
DESCENT &TILT ALARM INCL
HOUR IVIETER INCL
ALARM PKG,FLASHING BEACON 8.TRAVEL INCL
350 DEGREE CONTINUOUS ROTATION INCL
as GALLON FUEL TANK INCL
3'I=RoNT TRI ENTRY PLATFORM w/swING GATE INCL
Ac POWER coma To PLATFORM INCL
Agenda Item #8.B.13 Dec 2021Page 15 of 69
Game.
A TEREX as-nun
Specifications
Mezusm Drnenls
Wqrklnn Imam mnxImum-
Fla?urm mum maximum
I4orIzonuI much maxnn-um
Below anmnurend!
Apmcam Ianmn ~5 ll modal
I-‘lalfonrl venom-6 ll mndal
APIammn wmm a II modal
Plumnn mum -a II modal
Amlnm -atnwad
AL-nnm -mwmn
Awlam —nun:llnat urea
Awhculbnsa
Amount cluarunnu »cant-r
I ‘mm lr:l Ivny
I.m uupawuy
Inammn ronaunn
vu-IIuI III:Iola?nn
nunmmu mmvon
Tbrlllahlu nllswlnu
Dvlvl span -muwld
Mulmum -Iona rannn"
1umInn r-mus -Inswa.umnma
cannula
mu -mm:llohlion
Tllt nmor m=IIvnum
Pnwm
Power nlmmo
Anxllluy power mm
"Ell-lulln tank EBDIERY
Fuel Ilflll capacity
wumnn '-~
SVIJIIIIIII
Srzmumd Compnnncx:
Se|f—Prope||ed Telescopic Boom
sS'—4O HF"and S—45 HF
US Menu LJ.Mmrk:
45 na In 13.37 rn so fl 5 In Is.:Is m
aunun I2.n4m 44tIuIn 1a.5om
zarunn 8.81m 0411 Io.:Iem
Ill 0.30m 4n2In 127m
3 11 am In 3 It sun In
2 me In 0.1:;III 2 n a In axis In
a II.2.44 m a II 2.44 In
an 1.32 m 5 It 1.53 m
anzun 2.54m BIKSIII 2.51 m
zuuln anam 31 nun 9.41m
snsln 2.aam eusm 2.56m
arnxn 2.46m sunn 2.45m
12.5 In 52.1:cm 125 In az.n cm
can I:212 Iq;sou lb 212 kg
I60‘(10-1130 191:‘can-/no-)
133'(+797-54')
360-cunllnuuul :on-oonunuous
as In sum cm In
4.0 mph 4.0 mph on krnlll
use aw.
smnn 2.uem snsm 2.nam
11nsIn 5.23m 11fIs|n 5.2am
12v nc pronomnnu 12v ac nmnomonu
38/IOU.sou.1I.I nly,19.5 In wn-aI as/IeLL sou.ID nly.19.5 In wluml
mmuo hack:1-and auto Ia clda :-
49 hp (35.19 km Puklnl dio1aIT41 4oar»e2zr
49 hp $36.54 kw)Daulz lluxsl Tl!nzona
sump (u.74km Ford g-NLPG Msmga_
12v ms 12 \_IIn:
sum 144L sa n-I I4lL
35 gal I82 I.zu gal re L
13.544 lb mus kn I6,720 lb 7.130 kw
ANSI As2.2u.csn 3354.3 and Enzaoa-013 +A‘I:2l)I5
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www qrznlallll cunt
nuIImInnry Snocllicslloua Suhj
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wag»win vmy donanulng an -nolovcountry.u..a..u..Agenda Item #8.B.13 Dec 2021Page 16 of 69
Gmwia.
A ranex ammo
Features
Me am
s»-so HF
-45 R s in (18.87 m)vvoi-klrlg height
-28f!11 in (5.51 m)horizontal reach
600 lb (272 kg)iln capacity
s-45 HF
-50 ft 5 in (1539 m)working height
-34 fl (10.35 mi horizontal reach
-soo lb (272 kg)lift capacity
|’il ..ll lr:\l\/lly
Hlgh notation elr tilled Ilres
4Vl/D
Active osclllatlon.4WD
Sslfdevellrlg oialtvorm
160'hyorauiic piattcrrn rotation
Proportional ioyetlck controls
Fuel aalect switch on olatlorm
and ground control panels
(Gas/LPG models)‘
Dnue enable
AC power cord to platform
Horn
Hour meter
‘nit alarm
Deaoent alarm
360°oontlnuoua turntable rotation
Locking turntable covers
Poslllve traction drive
Two speed wheel motors
Entry Toeboam
Lin Guard"Contact Alarm
Lin Tools work Trey
Hydraullc oil cooler
Alarm package (flashing beacon and
travel alarm)
Power
~12 V DC auxl ry powr
-Anllarasisrl engine protection
-Auto engine fault ehiutdown
-intake air heater (Deulz engine)
tsp-lie Lirlltm-l Slulrzs.
8464 136th Ava.NE
Redrnorvd.WA oaosz
Telephone +1 uzs)sat-teoc
Toll Free in usA/certaaa +1 [80D1—5:!6—1&Oci
Fax +1 (¢25iee:ra-:15
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suck.a...«a...~.....zuu.»..a......a...........a .-e..l...re-...................a.».......n.-..e..a...M-uul .
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r.....l-.lu......w—........-.......l............y.......«.....»..t................,...................
-.o:.....mm.mun:
Pirllirriiri untio
-steel 5 ft (2.44 m)tn entry with aloe
swing gate (standaridl
-steel 6 ft (1.83 m)oual entry with slds
swing gate
Jill ()(rlIui
-Non-Jlb (S440 HF only).5 It (1 .52 rn)Jlb boorrt ls—45 Hr-=only)
l,~nr.in.~(rpli..n.:
-49 hp (36.54 kw)Deutz diesel T4!‘
(standard)
-45 hp (35.79 kvv)Perkins cliaael T41‘
-60hp (44.74k\N)Ford Gas/LPG Dual Fuel
oi
Dlalrlhttlnd I;t,«
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ss°—4o HF"and s—45 l—ll=
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»3 kw AC Generator
-12 kw 240 v I so H
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Platfclrrn top auxlllary
Thumb rocker steer
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specialty hydraulic oll (
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Panel cradle package
Lockable piattcrrn contr
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boxcovers
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work light package
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Posltlvs Air Shuloff sys
te
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"Plpa cradle“
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wow...I muons,.Engine gauge package
-celcl weather Packages
-Diesel scrubber/mumar
(catalytic rnulller.Tier onl
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Agenda Item #8.B.13 Dec 2021Page 17 of 69
Rlng Power Curpcrnlion
sou V\lorId Commerce Parkway
st.Augusune,FL 32092
Prepared For:8/11/2020
Flcrlda Sherlrrs Assocvauon
Item H142:(1)NEw GENIE GS4332 SCISSOR LII-r DP1'IoNs
CONTRACT DETAH5
’I?IorIcIa Sheriff‘:7«ssacIauon
Bid It FSAZO-EQUIEO
Item #142:Group:LIIW’:Scissor Llfl »Self Propelled
Contract Dates:October 1,2020 through September 30.2023
oE1IoNS ‘ru EASE MACHINE
AGIVI MAINTENANCE FREE EA1-rERIES $636
AUTOMOTIVE S-rvI.E HORN 5151
Am LINE -ro PLATFORM S5411
LII-r GUARD CoNrACr ALARM ,$694,
UPGRADE/DOVIINGIIADE or-ncms
GS—2u32 UGRADE TO Gs-2032,EASE MACHINE oNI.v $3.133
GS-2532 UPGRADE To G§~2632,BASE MACHINE ONLY $4,171
GS»:-3232 UPGRADE TO CS-3232,BASE MACHINE ONLY $14,559
55-2045 UPGRADE TO Gs-zoos,BASE MACHINE oNI_v $4.436
GS«264?UPGRADE TO Gs-1505,BASE MACHINE ONLY $5,967
as-3245 UPGRADE To 55.3245,EASE MACHINE ONLY 59.704
swa xc -IwD UPGRADE -rc S-4o xc IIWD,EASE MACHINE oNI.v $66,725
S-4o HF awn UPGRADE TO 5-4::H!’4WD,EASE MACHINE ONLY $53,999
S»4S xc 4wD UPGRADE D S 45 xc 4wD,BASE MACHINE oNI.v $72 150
§:9,5‘H -.\
S—E0 HF 4wD UPGRADE TO ,EASE MACH E ONLY 96.357
S-65 xc 4WD UPGRADE TO S—E§xC AwD.EASE MACHINE oNI.v s:Iu1.a7E
S-S5 HF awn UPGRADE T0 S-65 HF awn,EASE MACHINE ONLY $103,775
S-Eo HF 4wD UPGRADE To S—ao HF awn,EASE MACHINE DNLV s1aS,7Sn
S-BS xc 4wD UPGRADE TO S-Es xc Awn,EASE MACHINE oNI.v s:I-ao,ssrI
S—E5 HF awn UPGRADE TO S—E.S HF AWD,EASE MACHINE ONLY $142,343
GTH~5519 UPGRADE TO GTH-S519,EASE MACHINE oNI.v s4E,913
GTH—E35 UPGRADE To G'I’H~E36,EASE MACHINE DNLV $71,432
GTO-L556 UPGRADE To G1'H—E44,EASE MACHINE ONLY sEE,Eas
ETH-1056 UPGRADE -ro 51-I-I-1055.EASE MACHINE ONLY $126,814
1144 UPGRADE To T1434,EASE MACHINE ONLV 515.007
72-50 D:UPGRADE To 1z»5o Dc.EASE MACHINE ONI.Y 533,131
12.50 HYBRID UPGRADE To 'l’Z—S0 I-IVERID.EASE MACHINE oNLv $35,414
z-an/2zN UPGRADE To 2-34/22N.EASE MACHINE ONLY $35.43;)
z—aS xc UPGRADE T0 z-45 xc,EASE MACHINE ONLY $61.79-a
Z<52I-10 UPGRADE TD LS2/40,EASE MACHINE DNI_v $97,537
z-Eu/so UPGRADE TO Z-80/50,EASE MACHINE ONLY S1z5.a77
Agenda Item #8.B.13 Dec 2021Page 18 of 69
DISCOUNTSON ALLOEM NON-SPECIFIEDOPTIONS:
34%DISCOUNTON ALLGS-1932,GS—2032,GS-Z632,658232,GS-2046,G5-2546&(35-3246
37%DISCOUNTON ALLS-40,S-115,5-60,5-65,5-80 &5-85
33%DISCOUNTON ALLGTH~5519,GTH-636,GTH-844>H10S6
11%DISCOUNTON ALLTZ-34,TZ-50
36%DISCOUNTON ALLZ-34,2-45,2-62 8:2-80
Ring Power Corporation
Agenda Item #8.B.13 Dec 2021Page 19 of 69
Page 20 of 69
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:Resolution 21-80 Bid 2122-01 Outfall Pipeline Creek Crossing
Improvements
SUBMITTED BY:Troy Stephens,Public Utilities Director
TODAY’S DATE:December 1,2021
MEETING DATE:December 13,2021
BACKGROUND:A Bid Opening was held on November 17,2021 for Bid 2122-01:
Outfall Pipeline Creek Crossing Improvements.The project consists of furnishing all labor,
equipment and materials necessary for the repair of the outfall pipeline support structures at three
creek crossings.This outfall line,also known as the Combined Beaches Outfall Line,carries
treated ef?uent from the wastewater treatment facilities from all three beaches cities to the St.
Johns River for disposal.
The outfall line has three aerial crossings over the creeks along Mayport.The support structures
at these creek crossings were originally installed in 1985.Although minor repair work has been
completed over the years to maintain their integrity,most of the original structural components
are beyond their useful service life and will be replaced as part of this project.
Two bids for the outfall line repairs were received as follows:
Hager Construction J.D.Hinson Company
Company
Base Bid Items $388,430.00 $396,797.51
Since all three beaches cities utilize this outfall line,both the City of Jacksonville Beach and the
City of Neptune Beach will reimburse the City of Atlantic Beach their pro-rata share of the
project cost.Project cost contributions for combined outfall related projects have historically
been based on each city’s permitted wastewater treatment plant capacity.Following,this
precedent,the City of Atlantic Beach will be reimbursed $160,421.95 (41.3%of the project cost)
BUDGET:Funds for this project are budgeted in the infrastructure account410-5508-535-6300.RECOMMENDATION:Award Bid 2122-01 to Hager Construction Company in theamountof$388,430.00,and authorize the City Manager to execute Agenda Item #8.C.13 Dec 2021Page 21 of 69
.Resolution No.21-80
Shared Costs between Duval Beaches
Bid 2122-01 Bid Tabulation
Combined Beaches Outfall Creek Crossing Repair
.Photos (3)
-
REVIEWED BY CITY MANAGER:¢Q»/éx
ATTACHMENTS :
m£w~—Agenda Item #8.C.13 Dec 2021Page 22 of 69
RESOLUTION NO.21-80
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,
AWARDING BID #2122-01 FOR THE OUTFALL PIPELINE CREEK CROSSING
INIPROVEMENTS
WHEREAS,on November 17,2021,two bids were received and opened for City Bid
#2122-01 for the Outfall Pipeline Creek Crossing Improvements;and
WHEREAS,the low bid price of $388,430.00 was received from Hager Construction Company;
and
WHEREAS,Hager Construction Company submitted all required documents,including positive
references,in their bid submittal;and
WHEREAS,the project consists of furnishing all labor,equipmentand materials necessary for the
repair of the deterioratedoutfall pipeline support structures at three creek crossing;and
WHEREAS,funds are available for this project in account 410-5508-53 5-6300;and
NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as
follows:
SECTION 1.The City Commission hereby awards Bid 2122-01 to Hager Construction Company
in the amount of $388,430.00 to perform the work for said bid in accordancewith the bid speci?cations;
SECTION 2.The City Commission hereby authorizes the City Manager to execute the Contract
with Hager Construction Company;
SECTION 3.This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach,this 13'“Day of December,2021.
Ellen Glasser,Mayor
Attest:
Donna L.Bartle,City Clerk
Approved as to form and correctness:Agenda Item #8.C.13 Dec 2021Page 23 of 69
Outfall Pipeline Creek Crossing Improvements
Bid 2122-01
Shared Costs Between Duval Beaches
DitlidedCosts Betwwen Cities
Contractor Bid Amount COJ B CONB COAB
Hager Construction $388,430.00 41.30%13.70%45%
Total Cost Per City $160,421.59 $53,214.91 $174,793.50
Agenda Item #8.C.13 Dec 2021Page 24 of 69
City of Atlantic Beach
Outfall Pipeline Creek Crossing improvements
November 17,2021
Bid 2122-01
Required Documents Hager Construction Company J.D.Hinson Company
Submission in Tri nlicate -All Documents
Document Re uirements Checklist
Bid Form
Bid Bond
W-9 Form
Dru Free Work a lace
Public Entity Crimes Statement
Public Records Provisions
E-Verify Form
New Vendor Information Form
Business Tax Receipt
Proof of Ex erience -3 years
Financials -2 years
Insurance
References -3 (W/job description and
beginning &end dates)
Written Con?rmation of Adenda (No.1 -
10/29/21 Remove Mandatory Pre-Bid)
Lump Sum 'I'otalforOutfall Pipeline
$388,430.00CreekCrossingImprovements $396,797.51
Award of Bid based on Department Analysis or Commission Approval Agenda Item #8.C.13 Dec 2021Page 25 of 69
SHERMANCREEK
CROSSING
Combined Beaches Outfall Creek Crossing Repair Locations
SR A1A @ MAYPQRT RD
CREEK CROSSING
Agenda Item #8.C.13 Dec 2021Page 26 of 69
Agenda Item #8.C.13 Dec 2021Page 27 of 69
Agenda Item #8.C.13 Dec 2021Page 28 of 69
Agenda Item #8.C.13 Dec 2021Page 29 of 69
Page 30 of 69
CITY OF ATLANTIC BEACI-I
CITY COR/IlVlISSIC)N
STAFF REPORT
AGENDA ITEIVI:Resolution No.21-82 expressing support for actions to stop th
e
shi
ppi
ng
of
coal ash on the St.Johns River and into Jacksonvile ports,and encouraging all Jacks
onvill
e
port
facilities to cease receiving and/or refuse the acceptance of coal ash
TODAY’S DATE:Dec.l,2021
MEETING DATE:Dec 13,2021
SUBMITTED BY:Kevin Hogencarnp,Deputy City Manager,for l\/Iayor Ellen Gl
as
se
r
“[26
]2021 PRIORITY:Supports “Environrriental Leadership:An initiative validating COAB’
scommitmenttoecologicalintegrity,resiliency and sustainability.”
SUl\’Il\/IARY:The recent barge accident off the coast of Jacksonville that r
e
s
u
lt
e
d
inthe
release of thousands of tons of imported coal ash into the ocean resuked in environm
ental
and
human health risk imposed upon Jacksonville communities by this disposal The
Jacksonville Waterways Con-lrnission is considering adopting a similar resolution.
RECOMMENDATION:Cornrnission consider approving Resolution No.2 1-82
BUDGET:NA
ATTACHJVIENT:Resolution No.21-82 .
CITY MANAGER:t_/x
Agenda Item #8.D.13 Dec 2021Page 31 of 69
RESOLUTION NO.21-82
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC
BEACH,FLORIDA,EXPRESSING SUPPORT FOR ACTIONS TO STOP THE
SHIPPING OF COAL ASH ON THE ST.JOHNS RIVER AND INTO
JACKSONVILE PORTS;ENCOURAGING ALL JACKSONVILLE PORT
FACILITIES TO CEASE RECEIVING AND/OR REFUSE THE ACCEPTANCE
OF COAL ASH;PROVDIING FOR CONFLICTS;AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,the St.Johns River,Jacksonville beaches,and surrounding waterways are critical
to the ecology,quality of life and economic vitality of Northeast Florida;and
WHEREAS,the recent barge accident off the coast of Jacksonville that resulted in the release of
thousands of tons of imported coal ash into the ocean resulted in environmental and human health risk
imposed upon Jacksonville communities by this disposal practice;and
WHEREAS,coal ash is a waste product from the burning of coal in power plants that contains
toxic contaminants like mercury,cadmium,lead,selenium,and arsenic;and
WHEREAS,United States Environmental Protection Agency (EPA)and state regulations include
requirements for proper management and disposal of coal ash to ensure protection of groundwater,surface
water,and public health;and
WHEREAS,the United States Environmental Protection Agency indicates that,“[w]ithout proper
management,these contaminantscan pollute waterways,ground water,drinking water,and the air"’;and
WHEREAS,the Puerto Rico legislature passed laws in 2017 banning the disposal of coal ash in
its land?lls due to serious health concerns,forcing the AES power plant to ship its coal ash to an Osceola
County land?ll;and
WHEREAS,the Osceola Board of County Commissioners voted on May 13,2019,to request that
Waste Connections of Osceola County,LLC,cease receiving coal ash from Puerto Rico at the JED
Land?ll in Osceola County;and
WHEREAS,the actions of the Osceola Board of County Commissioners resulted in coal ash being
shipped on the St.Johns River into Jacksonville's port en route to a land?ll in Folkston,Georgia;and
WHEREAS,coal ash spills in Jacksonville waterways can cause substantial harm to the ecology,local economy and the ?nancial viability of businesses that rely on tourism and clean,safe waterways;and WHEREAS,the City of Atlantic Beach is committed to being stewards of the environment and Agenda Item #8.D.13 Dec 2021Page 32 of 69
supporters of the region’s economic vitality,to the greatest extent possible;and
NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach,
Florida:
SECTION 1.That the City Commission ?nds the foregoing to be true and accurate.
SECTION 2.That the City Commission expresses its support for actions to stop the shipping of
coal ash on the St.Johns River and into Jacksonville ports and strongly encourages all Jacksonville public
and private port facilities to cease receiving and/or refuse the acceptance of coal ash due to the potential
harmful impacts to human health,and local waterways and beaches.
SECTION 3.That the City Commission encourages federal and state agencies to undergo a review
of their emergency and noti?cation procedures pertaining to the transport of and unauthorized discharge
of coal ash and other waste products into oceans,rivers and other waterways.
SECTION 4.That the City Commission encourages federal and state agencies to be required to
designate a public information of?cer following incidents involving the unauthorized discharge of coal
ash and other waste products into oceans,rivers and other waterways.
SECTION 5.That the City Commission directs the City Clerk to transmit a copy of this
Resolution to each member of the Jacksonville City Council,the Jacksonville Waterways Commission,
the Governor of Florida,the Florida Legislature’s Duval County legislative delegation,and the members
of U.S.Congress representing Duval County.
SECTION 6.That all resolutions or parts of resolutions in con?ict with this Resolution are
repealed to the extent of such con?ict.
SECTION 7.That his Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach,this 13”‘day
of December,2021.
Ellen Glasser,Mayor
Attest:
Approved as to form and correctness:Brenna M.Durden,City AttorneyResolution21-82 Page 2 of 2 Agenda Item #8.D.13 Dec 2021Page 33 of 69
Page 34 of 69
CITY OF ATLANTIC BEACH
CITY COMMISSION
STAFF REPORT
AGENDA I'I'ElVI:Resolution No.21-83 approving an amended,extended restated
interlocal agreement regarding local option gas taxes arnong the City of Jackso
nville,
the
City of Atlantic Beach,the City of Jacksonville Beach,the City ofNeptune Beach,theTown
of Baldwin;and authorizing the mayor to execute the agreement to effectuate the of
this resolution,
TODAY'S DATE:Dec.1,2021
l\/IEETING DATE:Dec 13,2021
SUBNIITTED BY:Kevin Hogencarnp,Deputy City Manager/W
SUlVll\’[ARY:On l\/lay 26,2021,the Council of the City of Jacksonville a
ut
h
or
iz
e
d
the
execution ofan amended,extended and restated Interlocal Agreement,which includes thelevyof
an additional S—cents—per—gallo11 local option gas taxes.This increases the local option sal
es
taxto
1 1 cents.The funds are distributed to the cities based on population.The new tax is Jan.
1 ,2022.
RECONINIENDATION:Commission consider approving Resolution No.21-83
BUDGET:NA
ATTACHMENTS:1.Resolution No.21 -83 with the amended,extended and restate
dinterlocalagree:-nent (Exhibit A)
2 Jacksonville City Council Ordinance 202l—223—E,enacted M
a
y
26,2021
.
CITY MANAGER:¢Q-vén.Agenda Item #8.E.13 Dec 2021Page 35 of 69
RESOLUTION NO.21-83
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH,FLORIDA,APPROVING AN AMENDED,
EXTENDED AND RESTATED INTERLOCAL AGREEMENT
REGARDING LOCAL OPTION GAS TAXES AMONG THE CITY OF
JACKSONVILLE,THE CITY OF ATLANTIC BEACH,THE CITY OF
JACKSONVILLE BEACH,THE CITY OF NEPTUNE BEACH,AND THE
TOWN OF BALDWIN;AUTHORIZING THE MAYOR TO EXECUTE
THE AGREEMENT TO EFFECTUATE THE PROVISIONS OF THIS
RESOLUTION;PROVIDING FOR CONFLICTS;AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,Section 336.025(1)(b)(2),Florida Statues,authorizes governing bodies of
counties to enter into local agreements with one or more municipalities located with the county,
representing a majority of the population of the incorporated area within the county,setting forth
of a distribution formulate for dividing the entire proceeds of local option fuel taxes among county
government and all eligible municipalities within the county;and
WHEREAS,in June 1983,the Council of the City of Jacksonville,acting as the governing
body of Duval County,entered into an Interlocal Agreement among the City of Jacksonville,the
City of Atlantic Beach,the City of Jacksonville Beach,the City of Neptune Beach,and Town of
Baldwin,regarding local option gas taxes sold in Duval County and taxed under the provisions of
Chapter 206,Florida Statutes;and
WHEREAS,that Interlocal Agreement was replaced and superseded by an Interlocal
Agreement dated June 28,1985,regarding the distribution formula for dividing the proceeds of a
Six-Cent Local Option Gas Tax sold in Duval County;and
WHEREAS,on May 26,2021,the Council of the City of Jacksonville authorized the
execution of an amended,extended and restated Interlocal Agreement,which includes the levy of
additional local option gas taxes,also known as local option fuel taxes,pursuant to Section
335.025(1)(b),Florida Statutes,known generally as a Five—CentLocal Option Gas Tax,on every
gallon of motor fuel sold in Duval County,exclusive of diesel fuel;and
WHEREAS,the cities are desirous of entering into this amended Interlocal Agreement
(Exhibit A)with each other and with the County to amend the Interlocal Agreement in order to
NOW THEREFORE,be it resolved by the City Commission of the City of AtlanticBeach,Florida:SECTION 1.That the City Commission approves an amended,extended and restatedInterlocalAgreement(Exhibit A)regarding local option gas taxes among the city of Jacksonville,Agenda Item #8.E.13 Dec 2021Page 36 of 69
the City of Atlantic Beach,the City of Jacksonville Beach,the City of Neptune Beach,and the
Town of Baldwin.
SECTION 2.That the City Commission authorizes the Mayor to execute the agreement to
effectuate the provisions of this resolution.
SECTION 3.That all resolutions or parts of resolutions in con?ict with this Resolution
are repealed to the extent of such con?ict.
SECTION 4.That his Resolution shall take effect immediately upon its passage and
adoption.
PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach,this
13"‘day of December,2021.
Ellen Glasser,Mayor
Attest:
Donna L.Bartle,City Clerk
Approved as to form and correctness:
Brenna M.Durden,City Attorney
Resolution 21-82 Page 2 of 2 Agenda Item #8.E.13 Dec 2021Page 37 of 69
RESOLUTION 21-83 EXHIBIT A
Prepared by and Return to:
John C.Sawyer,Jr.,Esquire
Office of General Counsel
117 West Duval Street,Suite 480
Jacksonville,Florida 32202
AMENDED AND RESTATED INTERLOCAL AGREEMENT REGARDING LOCAL
OPTION GAS TAXES AMONG THE CITY OF JACKSONVILLE,THE CITY OF
ATLANTIC BEACH,THE CITY OF JACKSONVILLE BEACH,THE CITY OF
NEPTUNE BEACH,AND THE TOWN OF BALDIN
THIS AMENDED AND RESTATED INTERLOCAL AGREEMENT (hereinafter
referred to as the “Agreement”)is made and entered into as of the day of
,2021 by and among the below-listed parties and shall become effective upon
?ling with the Clerk of the Circuit and County Courts,as herein provided (the “Effective Date”)
(collectively,the “Cities”or individually,a “City”).
WITNESSETH:
WHEREAS,in June of 1983 the City previously entered into that certain Interlocal
Agreement,as replaced and superseded by that certain Interlocal Agreement dated June 28,1985
(the “Initial Agreement”),regarding the distribution formula for dividing the proceeds of a six-
cent local option gas tax (the “Six—CentLocal Option Gas Tax”)sold in Duval County and taxed
under the provisions of Chapter 206,Florida Statutes,as authorized to be imposed by the
governing body of Duval County by Section 336.025,Florida Statutes;and
WHEREAS,the Council (“Council”)of the City of Jacksonville (“County”)acting as
the governing body of Duval County,Florida,pursuant to Ordinance 2021-223-E,proposes to
levy an additional local option gas taxes,also known as local option fuel taxes,pursuant to
Gas Tax”)on every motorandWHEREAS,Section 336.025(1)(b)(2),Florida Statutes,authorizes the County to enterintointerlocalagreementswithoneormoremunicipalitieslocatedwithinDuvalCounty,Agenda Item #8.E.13 Dec 2021Page 38 of 69
representing a majority of the population of the incorporated area within the county,setting forth
a distribution formula for dividing the entire proceeds of the local option fuel taxes among
county government and all eligible municipalities within the county;and
WHEREAS,the Cities are desirous of entering into this Agreement with each other and
with the County to amend the Initial Agreement in order to restate the formula for the
distribution of the previously imposed Six-Cent Local Option Gas Tax and to set forth a formula
for the distribution of the Five-Cent Local Option Gas Tax,should any or all of such local option
fuel taxes be approved or amended by Council.
NOW,THREFORE,IN CONSIDERATION of the mutual covenants herein contained
and for other good and valuable consideration,the legal suf?ciency of which is acknowledged by
the parties,the parties agree as follows:
1.Recitals.The foregoing recitals are true and correct and are hereby incorporated
herein by this reference.
2.Authority.This Agreement is entered into by County and Cities pursuant to the
authority provided by Section 336.025,Florida Statutes,and Section 163.01,Florida Statutes.
3.Construction of Agreement.Except as expressly modi?ed herein,the Initial
Agreement remains unmodi?ed and in full force and effect.
4.Extension of Six-Cent Local Option Gas Tax.County and Cities agree that,in
accordance with Ordinance 2021-223-E,the Six-Cent Local Option Gas Tax shall be extended
for fuel sales starting on September 1,2036,and continuing for fuel sales through August 31,
2046,and during said ten-year period shall be allocated as set forth in the Initial Agreement.The
foregoing provisions of this Agreement have no effect on the allocation of the Six-Cent Local
Option Gas Tax for fuel sales through August 31,2036.
5.Imposition of Additional Five-Cent Local Option Gas Tax.County and the
Cities acknowledge and agree that,pursuant to Ordinance 2021-223-E,the City has levied the 5-
Cent LOGT authorized pursuant to Section 206.41(1)(e),Florida Statutes (for a total of eleven
cents ($0.11)of Local Option Fuel Tax levied pursuant to Section 206.41(1)(e),Florida Statute,
for fuel sales starting on January 1,2022,and continuing for fuel sales through December 31,
2051,and during said period those taxes shall be allocated in the same manner as provided for
the Six-Cent Local Option Gas Tax as provided for in the Initial Agreement.For purposes of
6.Uses of Proceeds from Five-Cent Local Option Gas Tax.Proceeds from theFive-Cent Local Option Gas Tax shall be utilized only for transportation expenditures,as thattermissetforthinSection336.025(1)(b)(3),Florida Statutes and as de?ned in Section336.025(7),Florida Statutes.Agenda Item #8.E.13 Dec 2021Page 39 of 69
7.Severability.If any part of this Agreement is found by a court of competent
Jurisdiction to be unlawful or otherwise unenforceable,such part shall be deemed to be severed
from this Agreement and the remaining parts shall continue to have full force and effect.
8.Section Headings.All section headings used in this Agreement have been
inserted for convenience only.Such section headings shall not be used in the interpretation or
construction of the text of this Agreement.
9.Construction.The parties acknowledge that they have had meaningful input
into the terms and conditions contained in this Agreement.Therefore any doubtful or ambiguous
provisions contained herein shall not be construed against the party who physically prepared this
Agreement.The rule sometimes referred to as “Fortius Contra Proferentum”shall not be
applied to the interpretationof this Agreement.
10.Entire Agreement.This Agreement constitutes the entire agreement between
the parties hereto for their responsibilities with respect to the Event.No statement,
representation,writing,understanding,agreement,course of action or course of conduct,made
by any party,or any representative of any party,which is not expressed herein shall be binding.
All changes to,additions to,modifications of,or amendment to this Agreement,or any of the
terms,provisions and conditions hereof,shall be binding only when in writing and signed by the
authorized officer,agent or representative of each of the parties hereto.
11.Counterparts.This Agreement,and all amendments thereto,may be executed
in several counterparts,each of which shall be deemed an original,and all of such counterparts
together shall constitute one and the same instrument.Delivery of a counterpart by electronic
means shall be valid and enforceable for all purposes.
[Remainder of page is intentionally left blank.Signature page follows immediately.]Agenda Item #8.E.13 Dec 2021Page 40 of 69
IN WITNESS WHEREOF,the City of Jacksonville,by and through its respective
authorized representatives has caused this Agreement to be executed on the day and year ?rst
above written.
ATTEST:CITY OF JACKSONVILLE
By:By:
Name:James R.McCain,Jr.Name:Lenny Curry
Title:Corporation Secretary Title:Mayor
Form Approved:
Of?ce of General Counsel
GC-#1424417-v2-Amended__and_Restated_lnterlocal_Agreement__-__beach_City__Baldwin_-_local_option_gas_taxes_(LOGT)_2021.doc
Agenda Item #8.E.13 Dec 2021Page 41 of 69
IN WITNESS WHEREOF,the City of Atlantic Beach,by and through its respective
authorized representatives has caused this Agreement to be executed on the day and year ?rst
above written.
ATTEST:CITY OF ATLANTIC BEACH
By:By:
Donna L.Bartle,City Clerk Ellen Glasser,Mayor
800 Seminole Road
Atlantic Beach,FL 32233
Agenda Item #8.E.13 Dec 2021Page 42 of 69
IN WITNESS WHEREOF,the City of Jacksonville Beach,by and through its
respective authorized representatives has caused this Agreement to be executed on the day and
year first above written.
ATTEST:CITY OF JACKSONVILLE BEACH
By:By:
Sheri Gosselin,Acting City Clerk Christine Hoffman,Mayor
11 North 3“Street 11 North 3"‘Street
Jacksonville Beach,FL 32250 Jacksonville Beach,FL 32250
By‘'
Mike Staffopoulos,City Manager
11 North 3“Street
Jacksonville Beach,Florida 32250
Agenda Item #8.E.13 Dec 2021Page 43 of 69
IN WITNESS WHEREOF,the City of Neptune Beach,by and through its respective
authorized representatives has caused this Agreement to be executed on the day and year ?rst
above written.
ATTEST:CITY OF NEPTUNE BEACH
By:By:
Catherine Ponson,City Clerk Stefen Wynn,City Manager
116 15‘Street 116 15‘Street
Neptune Beach,FL 32266 Neptune Beach,FL 32266
Agenda Item #8.E.13 Dec 2021Page 44 of 69
IN WITNESS WHEREOF,the Town of Baldwin,by and through its respective
authorized representatives has caused this Agreement to be executed on the day and year ?rst
above written.
ATTEST:TOWN OF BALDWIN
By:
Lula Hill,Town Clerk Sean T.Lynch
Mayor
Form Approved:Agenda Item #8.E.13 Dec 2021Page 45 of 69
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Co~Introduced by the Council President at the request of the Mayor
&Co—Sponsored by Council Member Dennis and amended on the Floor of
Council:
ORDINANCE 2021-223-E
CHAPTER 799 (LOCALANORDINANCEAMENDING
ORDINANCE CODE,TO:(1)OPTION GAS TAX),
EXTEND THE SIX-CENT LOCAL OPTION GAS TAX FOR A
10 YEAR PERIOD BEGINNING SEPTEMBER 1,2036,
AND CONTINUING THROUGH AUGUST 31,2046;(2)
PROVIDE FOR THE LEVY OF A FIVE-CENT LOCAL
OPTION GAS TAX (“5-CENT LOCAL OPTION GAS TAX”)
IN DUVAL COUNTY FOR A PERIOD OF THIRTY (3m
YEARS COMMENCING JANUARY 1,2022;(3)PROVIDE
FOR THE LEVY OF A ONE-CENT LOCAL OPTION GAS
TAX (“9“LCENT LOCAL OPTION GAS TAX”)IN DUVAL
COUNTY FOR A PERIOD OF THIRTY (30)YEARS,
COMMENCING JANUARY 1,2022;AND (4)RESTRICTS
JTA’S USE OF ITS SHARE OF THE GAS TAX ON THE
U.S.DEPARTMENT OF TRANSPORTATION BUILD GRANT;
AMENDING SECTION 761.107 (COMMITTEES),CHAPTER
761 (THE BETTER JACKSONVILLE PLAN),ORDINANCE
CODE,TO PROVIDE FOR THE BETTER JACKSONVILLE
PROJECT ADMINISTRATION COMMITTEE TO PROVIDEREPORTINGOFREVENUESANDEXPENDITURESREGARDINGTHELOCALOPTIONGASTAXESTOCOUNCILTWICEAYEARNOLATERTHANAPRIL1ANDOCTOBER1,EXPANDING THE MEMBERSHIP OF EACH_l_Agenda Item #8.E.13 Dec 2021Page 46 of 69
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COMMITTEE,AND PROVIDING FOR AN ACCOUNTABILITY
DASHBOARD;PROVIDING FOR DIRECT CONTRACTING
WITH JSEB OR DBE PARTICIPANTS,AS APPLICABLE,
LEAST $250 MILLION FORINAMOUNTOFAT
PROJECTS UTILIZING TAX REVENUE PROCEEDS;
APPROVING AND AUTHORIZING THE MAYOR,OR HIS
DESIGNEE,AND THE CORPORATION SECRETARY TO
EXECUTE:(1)AN INTERLOCAL AGREEMENT BETWEEN
THE CITY OF JACKSONVILLE AND THE JACKSONVILLE
TRANSPORTATION AUTHORITY FOR ALLOCATION OF THE
ADDITIONAL TEN YEARS OF THE SIX~CENT LOCAL
OPTION GAS TAX,THE 5-CENT LOCAL OPTION GAS
TAX AND THE 9“LCENT LOCAL OPTION GAS TAX
(COLLECTIVELY,THE “LOCAL OPTION GAS TAXES”);
AND (2)AN AMENDED AND RESTATED INTERLOCAL
AGREEMENT AMONG THE CITY,THE CITY OF ATLANTIC
THE CITY OF JACKSONVILLE BEACH,THEBEACH,
CITY OF NEPTUNE BEACH AND THE TOWN OF BALDWIN
TO PROVIDE FOR THE DISTRIBUTION FORMULA FOR
DIVIDING THE PROCEEDS OF THE PROPOSED LOCAL
PROVIDING FOR POST-OPTION GAS TAXES;
EMPLOYMENT RESTRICTIONS;PROVIDING FOR
COMPLIANCE WITH STATE ETHICS LAWS;APPROVAL OF
ORDINANCE;PROVIDING FOR FILING WITH THE
EFFECTIVE DATE.BE IT ORDAINED by the Council of the City of Jacksonville:(Local Option Gas Tax),Section 1.Amending Chapter 799OrdinanceCode.Chapter 799 (Local Option Gas Tax),Ordinance Code,_2...Agenda Item #8.E.13 Dec 2021Page 47 of 69
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is hereby amended to read as follows:
CHAPTER 799.
Part 1 -Six-Cent Local Qption Gas Tax
799.101.
Local Option Gas Taxes.
Sec.Tax imposed;limitation.
There is hereby imposed a tax,hereinafter known as the six-
cent local option gas tax,in the amount of six cents upon every
gallon of motor fuel and special fuel sold in the General Services
206.This taxDistrictandtaxedundertheprovisionsofF.S.Ch.
shall be effective on September 1,2016 and shall continue through
August 31,2936 2046.
***
799.106.Distribution of tax proceeds.Sec.
The proceeds of the local option gas tax shall be distributed
among the City and Urban Services Districts Two,Three,Four and
Five,to the extent that they are each eligible to receive a
based the percentage amount calculated bydistribution,upon
dividing the latest annual population total for each such
governmental unit,as calculated and certified annually by the
Administration,by the latest annualStateDepartmentof
total of Duval County as likewise calculated andpopulation
certified.This percentage amount shall be revised annually during
the term of the tax as the population figures calculated and
certified by the Department of Administration are revised.The
Council Auditor shall provide the State Department of Revenue with
October 1 of each year the tax is in effect;if a dispute shallarisewithrespecttothedeterminationofdistributionproportions§336.025(5)(b),the tax proceeds shall be paidasprovidedinF.S.into the Local Option Gas Tax Trust Fund without distribution andheldinescrowuntilthedisputeisresolved.The City's share of._.3_Agenda Item #8.E.13 Dec 2021Page 48 of 69
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from the six—cent local option gas tax shall beproceeds
distributed between the City of Jacksonville and the JTA pursuant
to the Interlocal Agreement between the City and JTA authorized by
Ordinance 202l—223~E.In the event none of the local municipalities
enter into an Amended and Restated Interlocal Agreement authorized
by Ordinance 202l—223—E,the proceeds of the six—cent local option
gas tax,as to the August 31,2036 through September 1,2046 time
frame shall be disbursed based on the transportation expenditures
of each eligible local municipality for the immediately preceding 5
fiscal years,as a proportion of the total of such expenditures for
the county and all municipalities within the county,consistent
with Chapter 336.025,Florida Statutes.
***
Part 2.—Five-Cent Local Option Gas Tax.
Sec.799.201.—Tax imposed;limitation.
There is hereby imposed a tax,hereinafter known as the five-
cent local option gas tax,in the amount of five cents upon every
gallon of motor fuel sold (exclusive of diesel fuel)in the General
Services District and taxed under the provisions of F.S.Ch.206.
This tax shall be effective on January 1,2022 and shall continue
through December 31,2051.
Sec.799.202.-Manner of collection.
The five—cent local option gas tax shall be collected by the
State Department of Revenue in the same manner as other gas taxes
City,shall be credited to the Local Option Gas Tax Trust FundcreatedbySectionlll.5l5,Ordinance Code.Sec.799.203.—Purpose of tax.The five—cent local option gas tax shall be utilized only fortransportationexpenditures,as that term is set forth in F.S.§_4_.Agenda Item #8.E.13 Dec 2021Page 49 of 69
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336.025(l)(b)(3),as defined in F.S.§336.025(7)and as
appropriated from time to time by the Council.
Sec.799.204.—Legislative authority.
This Chapter is enacted pursuant to the authority contained in
F.S.§336.025.
Sec.799.205.-Territorial application.
shall ServicesThisChapterapplythroughouttheGeneral
District.The City is exercising its powers as a County in the
enactment of this Chapter and the imposition of the five—cent local
option gas tax,pursuant to the authority contained in Section 3.01
of the Charter.
Sec.799.206.-Distribution of tax proceeds.
The proceeds of the five—cent local option gas tax shall be
distributed among the City and Urban Services Districts Two,Three,
Four and Five,to the extent that they are each eligible to receive
a distribution,based upon the percentage amount calculated by
dividing the latest annual population total for each such
governmental unit,as calculated and certified annually by the
State Department of Administration,by the latest annual population
total of Duval County as likewise calculated and certified.This
percentage amount shall be revised annually during the term of the
tax as the population figures calculated and certified by the
Department of Administration are revised.The Council Auditor shall
provide the State Department of Revenue with the distribution
effect;if a dispute shall arise with respect to the determinationofdistributionproportionsasprovidedinF.S.§336.025(5)(b),the tax proceeds shall be paid into the Local Option Gas Tax TrustFundwithoutdistributionandheldinescrowuntilthedispute isresolved.In the event the local municipalities do not enter into_5._Agenda Item #8.E.13 Dec 2021Page 50 of 69
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an Amended and Restated Interlocal Agreement as authorized by
Ordinance 202l—223—E,the proceeds of the five—cent local option
gas tax shall be disbursed based on the transportation expenditures
of each eligible local municipality for the immediately preceding 5
fiscal years,as a proportion of the total of such expenditures for
within the county,consistentthecountyandallmunicipalities
Florida Statutes.The share ofwithChapter336.025,City's
the five—cent local option tax shall befromgasproceeds
distributed between the City and the JTA pursuant to the Interlocal
Agreement between the City and JTA authorized by Ordinance 2021-
223—E.
Sec.799.207.—Use of City's share of five—cent local option
gas tax.
Proceeds from the five—cent local option gas tax shall be used
by the City,eligible municipalities within Duval County and JTA
transportation authorized and defined inonlyforexpensesas
Section 336.025(7),Florida Statutes.
Sec.799.208.—Use of JTA‘s share of five-cent local option
gas tax.
In addition to the provisions of §799.207,Ordinance Code,
proceeds from the five—cent local option gas tax shall be used by
the JTA only for transportation expenses as authorized and defined
for JTA proiects postandFloridaStatutes,in §336.025(7),
enactment of Ordinance 202l—223—E,in no event shall JTA use
Part 3.—9“-Cent Local Option Gas Tax.Sec.799.301.-Tax imposed;limitation.There is hereby imposed a tax,hereinafter known as the 9%-cent local option gas tax,in the amount of one cent upon everygallonofmotorfuelsoldintheGeneralServicesDistrictand._6._Agenda Item #8.E.13 Dec 2021Page 51 of 69
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shall be206.taxtaxedundertheprovisionsofF.S.Ch.This
effective on January 1,2022 and shall continue through December
31,2051.
Sec.799.302.-Manner of collection.
The 9”Lcent local option gas tax shall be collected by the
State Department of Revenue in the same manner as other gas taxes
206 and,when received by thearecollectedpursuanttoF.S.Ch.
City,shall be credited to the Local Option Gas Tax Trust Fund
created by Section 111.515,Ordinance Code.
Sec.799.303.—Purpose of tax.
The 9“—cent local option gas tax shall be utilized only for
transportation expenditures,as that term is defined in F.S.§
336.025(7)as appropriated from time to time by the Council.
Sec.799.304.—Legislative authority.
This Chapter is enacted pursuant to the authority contained in
F.S.Ch.§§206.41,206.87 and 336.021.
Sec.799.305.—Territorial application.
shall ServicesThisChapterapplythroughouttheGeneral
District.The City is exercising its powers as a County in the
enactment of this Chapter and the imposition of the 9”Lcent local
option gas tax,pursuant to the authority contained in Section 3.01
of the Charter.
Sec.799.306.-Distribution of tax proceeds.
of the 9t“—cent local option gas tax shall beTheproceeds
the Interlocal Agreement between the City and JTA as authorized byOrdinance2021—223—E.Sec.799.307.—Use of 9“hcent gas tax.Proceeds from the 9th Cent Gas Tax shall be used by the CountyandJTAonlyfortransportationexpensesasdefinedinSection_7._.Agenda Item #8.E.13 Dec 2021Page 52 of 69
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336.025,Florida Statutes.
Sec.799.308.—Use of JTA's share of 9th—cent local option
gas tax.
In addition to the provisions of §799.207,Ordinance Code,
proceeds from the 9th—cent local option gas tax shall be used by
the JTA only for transportation expenses as authorized and defined
Florida Statutes,and for JTA proiects postin§336.025(7),
enactment of Ordinance 2021—223—E,in no event shall JTA use
proceeds for the Us Department of Transportation Build Grant.
Section 2.Amending Section 761.107 (Committees),Chapter
Ordinance Code.Section 761.107761(The Better Jacksonville Plan),
(Committees),Chapter 761 (The Better Jacksonville Plan),Ordinance
Code,is hereby amended to read as follows:
CHAPTER 761.THE BETTER JACKSONVILLE PLAN.
***
Sec.761.107.Committees.
***
(a)The FAC shall consist of the Managing Director of JEA,the
their respectiveChiefAdministrativeOfficeroftheCity,or
designees,and a citizen within the financial business community of
the City—4Qaa—é3HEEE—¥&H+—be——asseeiated with any of ehe—financial
a citizen who has had involvement ininthealternative,bending;
municipal,In addition,County or other governmental financing.
affiliated with er <H%?£ycd by—iH?F4HH£€&&—6f—+%£H§&%£¥—%h&Eweald—be—éavelved—ia—the—implemen%ation ef The Better Jaekseaville¥4iH+—P£e§eets shall Sueh—éaHHaKmK%H+—iaeludesfina?eing7——planaing,simi1a£—basinesses~er—eeeapatie&sr—Two of said citizen members of_8_serve as members.real eenstruetien or othercstatc,design,Agenda Item #8.E.13 Dec 2021Page 53 of 69
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the FAC shall be appointed by the Mayor (one of whom shall be the
citizen within the financial business community of the City)and
confirmed by Council,two shall be appointed by Council,and two
shall be recommended by JTA to be confirmed by Council,in each
case,for a five—year termA$l of said citéecn membea}—ef—the—¥AG
shall—be—appei?ted—by—%he~MayVr,and confirmed by—the—€eaaeélr—fer
a—4%?%~yea&—term with the possibility of
five—year term in the discretion of the Mayor and confirmation by
serving one additional
the Council;provided however,the citizen members shall serve no
more than two full terms.The Council Auditor,or designee,shall
be a nonvoting member.The FAC shall meet at the call of the Chair
The Chair shall rotateoranymember,but no less than quarterly.
on an annual basis,commencing with the City's Chief Administrative
Officer.The Council Auditor,or designee,and the citizen members
shall not be eligible to serve as Chair.The FAC shall determine
and assess the general conditions of the market for municipal bonds
and notes (including opportunities for the efficient use of bond
anticipation notes,other bridge financing and refunding bonds),
and other appropriate financial markets,including advice regarding
advantageous maturities and maturity structures,sinking fund and
defeasance provisions,interest rate provisions,redemption
provisions,credit enhancement opportunities,interest rate hedging
opportunities,method of sale,investment opportunity and similar
matters.The FAC shall take into account the effect of the terms of
that The Better Jacksonville Plan,as anProjectsinorderentirety,may be efficiently financed.The foregoing sentence shallapplyequallytoanyseriesofrefundingbondsissuedtorefundanybonds,which refunding bonds may only be issued with the unanimousconsentofFACortheMayor,as provided as follows:It is intended_9._.Agenda Item #8.E.13 Dec 2021Page 54 of 69
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that the issuance of bonds be provided in a manner necessary to
provide funds for The Better Jacksonville Plan Projects on a timely
basis when such projects are ready to be commenced.The FAC shall
meet as determined by the Chair or at the request of an individual
member for the purpose of coordinating the respective needs of the
City for the issuance of bonds with the intent that each series of
bonds be sized and structured in the most efficient manner
possible.The timing and amount of each series of bonds shall be as
executed by the City to timely construct The Better Jacksonville
Plan Projects.Upon dissent of any voting member of the FAC,as to
matters involving the issuance of bonds,the final determination,
on such issuance,will be made by the Mayor after review of
supportive documentation given to the Mayor and any dissenting FAC
member.
(b)The PAC shall consist of the Executive Director of the
Jacksonville Transportation Authority,the City's Director of
Public Works and the Managing Director of JEA or their respective
In addition,sixtwe private citizens who are residentsdesignees.
or eehcr simila£~—basi?ess€?k—e£——eeeapatie?sw-Two of
said citizen members of the PAC shall be appointed by the Mayor and
eenstraetie?
shall be recommended by JTA to be confirmed by Council,in eachcase,for a five—year term The—ei%izen—members of the PAC shall beappei&%ed—by—£he—Mayerr—aHd—eenfirmed—by th-Council,for a five-year—term with the possibility of serving one additional five—yearterminthediscretionoftheMayorandconfirmationbythe...]_0_Agenda Item #8.E.13 Dec 2021Page 55 of 69
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Council;provided however,the citizen members shall serve no more
consultant ofthantwofullterms.The general engineering
Jacksonville Transportation Authority and Public Works Department's
their designees,general engineering consultant,or respective
shall be nonvoting members.The PAC shall meet at the call of the
Chair or any member,but no less than quarterly.The Chair shall
rotate on an annual basis among committee members commencing with
the Executive Director of the Jacksonville Transportation
and the citizen members shallAuthority.The nonvoting member(s)
not be eligible to serve as Chair.The City shall be primarily
responsible for the construction of The Better Jacksonville Plan
Projects which are referenced to the City.The PAC shall study The
Better Jacksonville Plan Projects with the goal of advising how to
construct and complete such projects in the most efficient manner
possible and to oversee execution of work of all such projects as
each such project is ready to be designed,right—of~way acquired,
permitted and constructed.
(c)The FAC and the PAC shall prepare and present to the City
Council,the Mayor and the Jacksonville Transportation Authority
Board as necessary a report on the implementation,progress,status
and completion of all The Better Jacksonville Plan Projects,
including a summary of the financing undertaken,funds expended and
planning,design,right—of—way acquisition and construction as of
the reporting date.In addition,said committees shall report on
concern for the timely and proper completion of The Bettershallbegivenon anSuchPlanreportsJacksonvilleProjects.annual basis,within 90 days after the end of each fiscal yearoccurringaftertheeffectivedateofTheBetterJacksonville %Cent Sales Surtax.The FAC and PAC shall also prepare and present._.]_1_Agenda Item #8.E.13 Dec 2021Page 56 of 69
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to the City Council and the Mayor a report twice a year no later
than April 1 and October 1,that such taxes are in effect,
implementation,statusregardingtherevenuesreceived,progress,
and completion of the projects related to the use of the local
option gas taxes set forth in Chapter 799,Ordinance Code.
(d)An accountability dashboard shall also be cmeated so
that following each regular or special meeting of the FAC and the
PAC,which shall occur on at least a quarterly basis,in a concise
and user friendly format easily accessible to the public through
posting on the City of Jacksonville and Jacksonville Transportation
Authority websites,including the following information:summary of
the progress and status of the local option gas tax projects and a
summary of the revenues accumulated for the local option gas tax
projects,along with all documents and other information which was
presented to or discussed by the FAC and the PAC at their
respective meetings.These reports shall have a 3 —year tracking
of the previous year,the current year,and the future year for
project timelines,anticipated start and finish dates,priorities
or timing for future projects,information concerning the bidding
contractors ultimately selectedwhatareandforprojects
(including pertinent information as to JSEB participation levels in
the project),and anticipated costs of each project.
Section 3.Manner of Collection.The Local Option Gas
Taxes enacted hereby shall be collected by the State of Florida
collected pursuant to Chapter 206,Florida Statutes and,whenreceivedbytheCity,shall be credited to the Local Option Gas TaxTrustFundcreatedbySection111.515,Ordinance Code.Section 4.Use of Revenues.The 5—cent local option gastaxandthe9“~cent local option gas tax proceeds shall be utilized._]_2__Agenda Item #8.E.13 Dec 2021Page 57 of 69
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for transportation expenditures,as that term is defined and
qualified in Section 336.025(7),as appropriated from time to time
by Council.Pursuant to Section 336.025,Florida Statutes,and any
other applicable law,proceeds of the six—cent local option gas tax
and any interest accrued thereto shall be expended by the County,
the local municipalities and JTA for transportation expenditures,
as defined in Section 336.025,Florida Statutes.Further,
expenditures for the construction of new roads,the reconstruction
or resurfacing of existing paved roads,or the paving of existing
graded roads shall be deemed to increase capacity and such projects
shall be included in the capital improvements element of an adopted
comprehensive plan.The JTA required eligible projects are
established and attached to the Second Revised On File JTA
Interlocal Agreement.A sample of eligible transportation projects
is attached hereto as Revised Exhibit 1,labeled as “Revised
2021 —COW”.Exhibit 1,Rev Eligible Projects,May 19,
Section 5.JSEB Direct Contracting for Projects Utilizing Gas
Tax Revenue Proceeds.For all projects utilizing Local Option Gas
Tax proceeds,the City and JTA,cumulatively,shall designate $250
million of anticipated gas tax revenues to enter into direct
contracts with City certified Jacksonville Small and Emerging
Section(JSEB)participants pursuant toBusinessesProgram
or JTA Disadvantaged Business Enterprise126.615,Ordinance Code,
as applicable;provided that such awards do not(DBE)participants,
Chief of Procurement,inthework.TheJSEBstoperformconsultationwiththeJSEBAdministrator,for the City,and JTAProcurementforJTA,shall work in conjunction to award at least$250 million of the projects utilizing gas tax revenue proceeds toJSEBs,or DBE participants as applicable,through direct...l3_Agenda Item #8.E.13 Dec 2021Page 58 of 69
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contracting.
Section 6.Approval and Authorization for Interlocal
Agreement with Jacksonville Transportation Authority.There is
approved,and the Mayor,or his designee,and Corporation Secretary
are hereby authorized to execute and deliver,for and on behalf of
the City,the Interlocal Agreement between the City of Jacksonville
and the Jacksonville Transportation Authority substantially in the
form placed Second Revised on File with the Legislative Services
Division,governing the distribution of the five—cent local option
gas tax,the 9“Lcent local option gas tax,and the final 10 years
(from September 1,2036 through August 31,2046)of the six~cent
local option gas tax.
Section 7.Approval and Authorization for Interlocal
Agreement with the City of Jacksonville Beach,the City of Atlantic
Beach,the City of Neptune Beach,and the Town of Baldwin for the
distribution formula for dividing the proceeds of the proposed
local option gas taxes.There is hereby approved,and the Mayor,or
his designee,and Corporation Secretary are hereby authorized to
execute and deliver,for and on behalf of the City,the Amended and
among the City and the City ofRestatedInterlocalAgreement
Atlantic Beach,the City of Jacksonville Beach,the City of Neptune
Beach,and the Town of Baldwin,in substantially the form placed
Second Revised On File with the Legislative Services Division for
the distribution formula for dividing the proceeds of the existing
municipalities as authorized hereby.Section 8.Post—Employment Restrictions.Pursuant to theprovisionsinSection602.411 (Disqualification of former officersandemployeesinmattersconnectedwithformerdutiesorofficialresponsibilities;disqualification of partners)and 602.412_]_4_Agenda Item #8.E.13 Dec 2021Page 59 of 69
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which govern City officers and(Prohibited future employment),
employees,no current City employee or officers shall have or hold
an agency,attorney,employee or contractual relationship in
violation of such Code provisions with respect to public
transportation and infrastructure projects encompassed within the
proposal for the Local Option Gas Tax project list.
Section 9.Compliance with State Ethics Laws.The
provisions of Part III,Chapter 112,Florida Statutes,shall apply
to the members of the FAC and the PAC.Specifically,Section
112.313 (Standards of conduct for public officers,employees of
agencies,and local government attorneys),Florida Statutes,as to
conflicts of interest are applicable to the members of the FAC or
the PAC Committees.
Section 10.Approval of Ordinance.Pursuant to Chapters
336.025 and 336.021,Florida Statutes,enactment of this Ordinance
requires approval by a majority plus one vote of the Council
members present at the Council meeting at which a vote on this
Ordinance is taken.
State.Section 11.Filing with Florida Department of
Directing the Legislative Services Division to send an electronic
copy of this Ordinance upon enactment to the Secretary of State for
FloridatheStateofFloridainaccordancewithSection125.66,
Statutes.
Section 12.Effective Date.This Ordinance shall become
without the Mayor's signature.Form Approved:/s/Margaret M.Sidman Agenda Item #8.E.13 Dec 2021Page 60 of 69
Office of General Counsel
Legislation Prepared By:
GC-#1434862-vl-2021-223-E.docX
John Sawyer
Amended 5/26/21
Enacted 5/26/21
Agenda Item #8.E.13 Dec 2021Page 61 of 69
Page 62 of 69
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:Ordinance No.95-21-120
SUBMITTED BY:Ai1iai1da Askew.Director or Planning and Colninunity l3e
\/
elo
prn
ent
TODAY’S DATE:Deceinbel‘1,2021
MEETING DATE:Decen1bei'13,2021
BACKGROUND:Polystyrene foarn.coniinonly known as “Styrofoarn”,isnoteasily
recyclable and is a coinnion source of plastic pollution on the City’s parks and beaches.Iteasilybreaks
down into srnaller pieces,creating I-nicro-plastic pollution vvhich iinpacts wildlife and health.In
an effect to reduce the use or polystyrene in city parks and beaches the city is suggesting anordinance
that would prohibit vendors frorn using,selling or distributing polystyrene products.
Polystyrene foarn food ware items include but are not liinited to plates,cups.bowls,take
—
out
container
s,and coolers.See a few exaniples ofpolystyrene products below:
One of the 2021 Conn-nission Environmental Leadership priorities is “Establishing
reuse and recycling standards for individuals and groups utilizing City facilities."'l‘
his
proposed
ordinance is an inerernental step in reducing the use of plastic at city facilities.
In 2008.the Florida legislature preeinpted the ability for rnunicipalities to generally plasticbags,
single—use plastics and polystyrene.however,tl IS preemption does not prohibit the abi
lity
toregulate
polystyrene products on city o\\/nexl properties and the beach.Other cities that ban po
lys
tyr
en
e
on
publicly owned lands include;the cities of Orlando,Boca Raton,Fort Laudcrdale,Ho
lly
wo
od,
Dania
Beach,Deer?eld Beach and Boynton Beach.In the 2021 legislative session,a preeniption rep
eal
billwas
not able to be placed on a eornn-iittee agenda in any of the COI]1n1ilt€eS.Therefore,it w
as
n’t
evenheard
or considered.Agenda Item #9.A.13 Dec 2021Page 63 of 69
'The Environnicntal Stewardship Colnniission (ESC)has discussed this topic several tirnes thr
oug
hou
t
the
years and supports any prohibition of polystyrene products and is working on suggestions t
h
a
t
willinclude
stricter regulations.
The proposed ordinance vvill prohibit the use,sale or distribution of polystyrene foani oncity
properties (i.e.parks,buildings,etc.)and the beaches.It does not prohibit the use of t
h
e
s
e
product
s
by
individuals in these areas (For exaniple.an individual bringing a Styrofoant container to park).Itwill
alrecl concession sales at parks,Food trucks on public properties,and special ev
ent
s
byprivate
organ‘ations using public spaces (i.e.catered events at Adele Grage Center).Since ?rs:readthe
effective date was changed frorn January 1,2022 to l\/larch 1,2022.This is intended allo
w
tiinefor
education,outreacln and depletion of Supplies.
Colrurlission voted to approve the proposed ordinance on ?rs!read with son-le recon-
lniended
changes.
The rnodilications include changing the word "ban"to ‘‘prohibit‘'in the second whereas changing
the ordinance effective date frorn January to l\/larch,adding language that prohibits thecityfl‘0t’I‘t
purchasing or using polystyrene foan1 products and clarifying language that allows in
di
vi
d
u
al
s
touse
polystyrene products on public properties.For cxarnple,individuals may bring p
ol
y
st
y
re
n
e
foam
products into a park For birthday parties,picnics,or City ernployees rnay bring to go con
tain
ers
intocity
buildings.
BUDGET:None
RECOMMENDATION:Review and vote on Ordinance No.95-21-120 for second r
e
aATTACHl\/[EN'l‘(S):Ordinance No.95-
REVIEVVED BY CITY MANAGER:Agenda Item #9.A.13 Dec 2021Page 64 of 69
ORDINANCE NO.95-21 -12!)
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,FL()I1IDA
AIVIENDING CHAPTER 5 OF THE ATLANTIC BEACH CODE O
FORDINANCES,BEACHES AND I‘ARKS,TO ADD NEW SECTION 5
-
5
,
PROHIBITION OF THE USE,SALE OR DISTRIBUTION O
FPOLYSTYRENEFOAIVIPRODUCTSONCITYPROPERTIES
TIIE BEACH,TO PROVIDE DEFINITIONS AND RENUNIBER
SUBSEQUENT C()DE SECTIONS;PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY;AND PROVIDING FOR A
NEFFECTIVEDATE.
whereas,the city commission encourages the advancement of
sustainability or the City of Atlantic Beach (COAB)by reducing the use or polyst
yrene
tbarn
products (trademarked Styrofoaln)on city properties :iIItLU,IL‘h-:ut,'!l and encourages b
i
o
d
e
g
r
a
d
a
b
l
e
,
<:on1postable,recyclable and reusable alternatives:and
VVhereas,the (Tity of/Atlantic Beach desires to lead by exarnple in the ban p|'
uh
ib'
li
Ifl.Ilia
sale,use and distribution of polystyrene foam products on city properties nnd t henI1and
encourages others to do so as well:and
whereas,the city Cornrnission finds that the innpacls or polystyrene f
o
a
products
(trademarked styroroam)are threatening the health of citizens,wildlife and the enviro
nment
;
and
whereas,the city Commission finds that the use or polystyrene foan1 pro
duc
ts
havea
signi?cant ilnpact on the health of hurnans and rnarine life;as they contain likely c
a
n
c
e
r
causing
chelnicals and adversely inapact the natural environrnent as litter and polystyrene foa
m
neve
r
fully
degrades and bloaccurnulates in rnarine life resulting in potential harna both to the nr
ar
in
e
lifeand
consul-ners;and
whereas,the City Commission finds that over 30 rrlillion pounds of polyst
yrene
foam
products rnade in the US annually end up as litter in our environn1ent and will con
tin
ue
to
accurnulate.
NOVV,THEREFORE,BE IT ENACTED BY THE CITY COIVIIVIISSI
ON
ON
BEHALF OF THE PEOPLE OF TIAIE CITY OF ATLANTIC BEACH.FLORIDA:
SECTION I.Regulation Added and Renuwlber Subseguenl.Sections.New Section is
hereby added to the Code ofordinances ofthe City of Atlantic Beach,Florida,and
Section 5-5,5-6,5-7 and 5—8 are renulnbex-ed to read as lbllows:
Sec.5 Prol bition on the use sale or distribution of ol s rene foam roducts onci
gronc es and the bench.
ga)The usc_«Q
the h
Blue underlined text reflects Commission comments durning first read
Agenda Item #9.A.13 Dec 2021Page 65 of 69
I‘its use nor cnlcr inlu any cnnlracl fur fund or drink which ncnmts Illc usc
.
saleor
distribution of Qolygtvrcno:that“products.
g 1 Vendors‘
(1)‘lenders are prohibited frorn using selling or distributing food}or drinks pa
ck
ag
ed
in
polysg/rene foarn products on city property or the b$"{ll:l]_._
(2)Every vendor entering into a contract lease rental agreetnent pcrntit or oth
er
agreer
nentwithathirdpartyfortheprovision0f;g00df;-9 —seo=viees-——e|'—4'or—a»g1—event~—l'uod ordrinks
on city propert /q_r the bunch shall include in such agrcclrient refer
ence
tothe
prohibitions in this section.
(3)A violation of any prohibition or requircinent of this section shall be sz
ro
un
ds
for
revocation by the cit ofa contract lease rental agreeinent punt II or oth
er
aggree
nrtentwithavendor_or third )arly___
(c)The prohibitions in this section shall be suspended during a city—declared state of ei
ne
rg
en
cy.
(d)For clarity.illthe nruhibilions in this 5::lion are not applicable to individuals othernun-
ventlurs using cil_1‘_j;r_oJ1crl\/or the beach.<l3(\Ft‘x—&n1[ale.By way ufcxatnule onl
y
butnotIn
nit the fnt-1.-going sentence.individuals mav brim:pulystyrcm:fr-am products theapark
lor birthday partics~or »_1>icni5:s o«r—and Lity en1pL)vces and invitees tnay bring }
eFt
—
ev
ers
—
in
polystyrene fuant products to city buildittus.
(3)“Polystyrene foatn"shall rnean blown Dolystyrene and expanded and extruded thatare
tl1ern1oplastic Detrochernical niaterials utilizing a styrene rnonorner and proces
sed
byany
nutnber of techniques including.but not liniited to fusion of polyrner spheres (
ex
pa
nd
abl
e
bead polystyrene)iniectiniz rnoldinp.foatn ntolding and extrusion—blown rnoldi
mz
(
exttude
dfoarnpolystyrene.Polystyrene foarn is cominonlv used to make disposable c
u
ps
bowls
plates trays clan-ishell containers meat trays and egg cartons and is cotnn-ionly th
ou
gh
o?en
incorrectly referred to b the trademark narne "Stvrot‘oarn.'
Q)"Polystyrene foatn products"shall rnean products niade fl'0l'l‘l polystyrene thatare
designed for distributing food or drink such as containers bowls plates trays andlids
and which are intended to be disposable and polystyrene foant coolers/ice chests thatarenot
wholly encapsulated or encased within a tnore durable rnaterial.
Lg)For the purpose of this section."vendor"shall mean a person or entit who is cont
racte
d
bythe
(‘ily to sell or distri ute food nndfor drinks on city rxror/tel’!or the beach or is bymitt
panics toctuerevents sell or distribute food ur d tks on city property or the be
nc
h.
Sec.S-6.—Surfboards.
It shall be unlawful for any person to surf or to use or ride a surfboard in the surf tothe
beach within the corporate limits of the city at any tirne and at any location unless tsurfboa
rdhassecurelyfastenedtoitatethernotcxcccdingeight(8)feet in length,the free ofwhich
n1ust be securely bound to either the ankle or wrist of the surfer.
Sec.5-7.-Parking of sailboats not to nbstruct lifeguard activities.
Blue underlined text reflects Commission comments durning first read
Agenda Item #9.A.13 Dec 2021Page 66 of 69
It shall be unlaulful for any person to park 21 sailboat or catarnaran on the beach i
n
anymanner
\vhich will obstruct the Vievv of lifeguards pcrforrning lifeguard activities.
see.S-8.—Operation or rnotori ed apparatus within hva hundred feel of beach.
ll shall be unlawful for any pe‘son to operate any motorized boat or other motorized apparat
uswithintwohundred(200)feel orthe beach.Personal watercra?,sailboats,and similar wate
rcra
n,which require transport by use ora motor vehicle,will only be launched at the Atlantic Boul
evardl-alnp.
Sec.5-9.-Parking of sailboats,catamarans,and vessels.
(8)ll shall be unlawful for any person to park or leave unattended a sailboat,cal.an1aI'z
\n,
orother
vessel on the beach for rnore than sevcntyslwo (72)hours Without first notifying receivi
ngperrnission?‘on1 the chiefof police or his designee.A sailboat,calaniarsln,or ves
sel
shallonly
be allowed to park over seventy—two (72)hours between l\/lay l to Septernber 30 of
e
a
c
h
year.
At no tinle will any sailboat,calaniaran,or other Vessel be allowed Io park west oft
he
dune
line,on a beach access,or public right-of—way.
(b)Before the chief of police or his designee gives permission for the owner asailboat,
catamaran,or other vessel to he parked over scventy—two (72)hours on the beac
h,
theowner
must provide proof or ownership,description,serial number,hull numb
er
orother
identi?cation number,and the loca ion desired for parking same.Permission to p
a
r
k
,
andthe
loeation requested,is at the sole discretion of the chief or police.The chief poli
ce
[nay
develop additional rules lo govern such parking to protect the public's sarety.
(c)Any person who parks a sailboat or calaniaran 01'other vessel in violation of sectionis
subject to having such sailboal.CEll8I‘I‘l'<ll‘an,or other vessel lowed at the owner's expen
se.(()rl:l.No.95-03-83,§I,1~27~O3)
Secs.5—l0:5—lS.~Reserved.
SECTION 2.Conflict.All ordinances,resolutions,of?cial dclerlninalions or (hereof
previously adopted or entered by the Cily or any or its omeials and in eonniet with th
is
Ordi
nanc
earerepealedtotheextentinconsislenlherevvith.
SECTION 3.Sevlrrabilily.lfa Court of compelcntjurisdiction at any lilnc ?nds provis
iono(‘lhisOl*dinance to be unlawful,illegal,or unenforceable,the offending provision sha
ll
becleenied
severahle and rernoved from lhe remaining provisions of this Ordinance which sh
all
rclnai
n
in
full force and intact.
SECTION 4.Elffective Dale.'l‘his ordinance shall lake effect on January Ivllllx
ll
l,2022
PASSED by the City Coinlnission on first reading this day ol'Noven1bel'.2021.
Blue underlined text reflects Commission comments durning first read
Agenda Item #9.A.13 Dec 2021Page 67 of 69
PASSED by the City Commission on second and ?nal reading this
,2021.
day of
CITY OF ATLANTIC BEACH
Ellen Glasser,Mayor
Attest:
Donna L.Bartle,City Clerk
Approved as to form and correctness:
Brenna M.Durden,City Attomey
Blue underlined text reflectsCommission comments durning first read Agenda Item #9.A.13 Dec 2021Page 68 of 69
AGENDA ITEIVI :
SUBIVIITTED BY:
TODAY’S DATE:
MEETING DATE:
BACKGROUND :
BUDGET:
RECOl\/Il\/IENDATION :
CITY OF ATLANTIC BEACH
CITY CONIIVIISSICDN NIEETING
STAFF REPORT
l\/liscellaneous Business Discussion item regarding authorization additionof
June 19 as an official City holiday for the observance and celebration ofJuneteenth
National Independence Day
Cathy Varian,I-{urnan Resources Director
Novernber 22,2021
December 1 3,202 1
Juneteenth National Independence Day,also known as Juneteenth,JubileeDay,
Emancipation Day and Freedom Day was first observed on J
u
n
e
19,1866,to
celebrate the signing of the Eniancipation Proclamation abolishing slav
ery,
issued
on January 1,1863,but word of which did not teach Texas until Jun
e
19,1865‘
Juneteenth National Independence Day was designated as a federal ho
li
da
y
in2021,
commemorating the emancipation of African—Amei-ican slaves,and isalsoobserved
for celebrating African—American culture.The City of Atlantic B
ea
ch
currently
observes eleven of?cial holidays annually,but historically has follo
wed
theCityof
Jacksonville in designating official holidays.The City of Jacks
onvill
e
recently
added the observance of Juneteenth as an official city holiday,fatotalof12
0 f?cial holidays.
No budget irnpact.
Requesting guidance on the approval of the addition of June 19asanofficial
City of Atlantic Beach holiday,thus giving the City and its employees the opportunity t
o
celeb
rate
both
the historic signi?cance and the current cultural relevance ofluneteenth.
mmwm»m cm MANAGER:CC
Agenda Item #10.A.13 Dec 2021Page 69 of 69