Packet - City of Marianna

CITY OF MARIANNA
REGULAR CITY COMMISSION MEETING
JULY 7, 2015
6:00 PM
CITY HALL
2898 GREEN STREET, MARIANNA, FL
1. Call To Order
2. Roll Call
Mayor and Commissioners
Travis Ephriam, Mayor/Commissioner
Allen Ward, II, Mayor Pro Tem/Commissioner
John E. Roberts, Commissioner
Rico Williams, Commissioner
3. Invocation And Pledge To The Flag
4. Approval Of Agenda (Additions Or Deletions)
5. Review & Approval Of Minutes
5.A. June 2015 Regular Minutes
Documents:
MINUTES JUNE 2 2015 REGULAR.PDF
6. Presentations
6.A. Marianna Health & Rehab Report
Documents:
MHRC MAY REPORT AND FINANCIALS.PDF
6.B. Employee Of The Quarter - City
Documents:
EE QUARTER.PDF
6.C. Employee Of The Quarter- MHRC
Documents:
MHRC EMPLOYEE OF THE QUARTER.PDF
6.D. Longevity Employees
Documents:
LONGEVITY.PDF
6.E. Scholarship Award
Documents:
AGENDA SCHOLARSHIP.PDF
7. Public Meeting/Forum
7.A. NAACP
Discuss jobs and recreation
7.B. Shareta Wright-Green
8. Public Hearing
7.A. NAACP
Discuss jobs and recreation
7.B. Shareta Wright-Green
8. Public Hearing
9. Planning/Development
10. Other Policy Matters
10.A. Airport Terminal Bid Award
Documents:
AGENDA AIRPORT COMMERCE PARK.PDF, FDOT AIRPORT.PDF
10.B. FDOT - SRF Sewer Project - Line Replacement
Documents:
AGENDA FDOT SRF SEWER PROJECT.PDF, CHANGE ORDER.PDF
10.C. Continuing Architectural Services Contract
Documents:
CRA.PDF
AGENDA ARCH CONTINUING SERVICES.PDF, DONOFRO.PDF,
10.D. Historic First National Bank Building - Architectural Services
Documents: AGENDA ARCHITECT FIRM FOR 1ST BANK.PDF, DONOFRO
ARCHITECTS.PDF, CONN ARCHITECTS.PDF
10.E. Jackson County Emergency Management
Documents:
AGENDA ITEM FORM MOU JCEMA.PDF, MOU JCEMA.PDF
10.F. SRF Drinking Water Project - Resolution 2015-34
Documents: AGENDA SRF AIRPORT COMMERCE PARK WATER SYSTEM.PDF,
MARIANNA WATER FACILITY PLAN_ADOPTION RESOLUTION.PDF
10.G. Distribution Park - Cap And Abondon Well Sites On Property
Documents: AGENDA DISTRIBUTION PARK - CAP ADN ABANDON WELL SITES
ON PROPERTY.PDF, FUNDING AGREEMENT.PDF
10.H. MERE Improvement Project - FRDAP Grant
Documents:
AGENDA MERE IMPROVEMENT PROJECT.PDF, FPU LETTER.PDF
10.I. Marianna Fire Department Survivair SCBA Surplus
Documents:
AGENDASURPLUSSCBASJULY72015.PDF
10.J. Industrial Board Rules & Regulations
Documents: AGENDA INDUSTRIAL PARK RULES.PDF, INDUSTRIAL BOARD
RULES REV.PDF
10.K. City Manning Document Changes
Documents: AGENDA MANNING DOC CHANGES.PDF, JOB TITLES AND
PAYGRADE.PDF, EXEMPT AND NON EXEMPT CLASSIFICATIONS.PDF, PLAN
POLICIES.PDF
10.L. Pressure Clean Hwy 90-W Elevated Water Tank
Documents: AGENDA.WATERTANKCLEANING.PDF,
BID.WATERTANKCLEANING.PDF
11. Mayor & Commission Report
10.L. Pressure Clean Hwy 90-W Elevated Water Tank
Documents: AGENDA.WATERTANKCLEANING.PDF,
BID.WATERTANKCLEANING.PDF
11. Mayor & Commission Report
12. City Attorney
13. City Manager/Administrative Reports
13.A. Certificate Of Need - Jackson County
13.B. Example Resolutions - Ban On Fracking
Documents:
BAN FRACKING RESOLUTION.PDF, FRACKING RESOLUTION.PDF
14. Adjourn
The City of Marianna is an Equal Opportunity Employer and a Drug-Free Workplace. In accordance with the adopted Section 504 Policy, the City will take affirmative steps to
reasonably accommodate the disabled and ensure their needs are equitably
represented in City programs and activities. Pursuant to Title VI and the Civil Rights Act of 1964, the City will not exclude from participation in, deny the benefits of, or subject to
discrimination anyone on the grounds of race, color, national origin, sex, age, disability,
religion, language , income or family status. For assistance with EEO, Title VI or Section 504 matters contact Julie Chance at 850-482-4353. The City also has a Fair Housing Ordinance. For assistance with Fair Housing matters contact Kay Dennis at 850-482-2786. In accordance with the Americans with Disabilities Act, persons needing a special accommodation to participate in this meeting should contact the City Clerk’s
Office at 850-482-4353 no later than 3 days prior to the meeting. City Hall is located at 2898 Green Street, Marianna, FL.
MARIANNA CITY COMMISSION
REGULAR MEETING
JUNE 2, 2015
6:00 P.M.
The Marianna City Commission met on the above date and time. Mayor Williams called
the meeting to order. City Clerk, Kimberly J. Applewhite, called the roll. Members present were:
Mayor Rico Williams, Paul Donofro, Jr., Travis Ephriam, John Roberts and Allen Ward, II.
Reverend Dwight Cockerham of the Mount Tabor Baptist Church gave the invocation.
Mayor Williams led the Pledge of Allegiance.
Upon a motion by Commissioner Roberts, with a second by Commissioner Ward, the
Commission voted unanimously to approve the agenda as presented.
Upon a motion by Commissioner Ephriam, with a second by Commissioner Ward, the
Commission voted unanimously to approve the minutes for May 2015 with a correction to add a
request by the Commission to obtain quotes to overlay a portion of Orange Street.
City Attorney, Matt Fuqua, administered the oath of office to Commissioner Rico
Williams and Allen Ward, II. Commissioner Georgeann Adkison was not present and will be
sworn in at the July 2015 regular meeting.
Upon a motion by Commissioner Roberts, with a second by Commissioner Ephriam, the
Commission voted unanimously to appoint Travis Ephriam as mayor for the period through June
2016 and appoint Allen Ward, II to serve as mayor pro tem for the period through June 2016.
At this time outgoing Mayor Rico Williams past the gavel to Mayor Travis Ephriam.
Melinda Gay, administrator of the Marianna Health and Rehabilitation Center, gave a
status report on the Marianna Health and Rehabilitation Center. She reported to the Commission
that the Center is doing well financially. The census for April 2015 was 91%.
At this time Mayor Ephriam recognized the following employees for their years of
service to the City:
Theresa Perrett
Shawna Larry
Sherry Whitehead
5 years
10 years
10 years
Marianna Health and Rehabilitation Center
Marianna Health and Rehabilitation Center
Marianna Health and Rehabilitation Center
At this time Mayor Ephriam opened the public forum. Members of the audience were
given an opportunity to address the Commission on any subject not on the agenda.
Mr. Willie Mack of 4095 Circle Drive thank city staff for the recent work that was done
at the Circle Drive Park.
Commissioner Roberts has noticed that streets signs are missing on some of the streets
that intersect with Penn Avenue and he ask the city manager to have them replaced.
Mr. Tom Ballard of 2957 Park Street addressed the Commission on behalf on Jackson
County Veterans. They would like to see a flag pole installed at the Madison Street Park,
centered were the hedge spells out Marianna on the hill overlooking the Winn Dixie Shopping
Center. A flag fund has been opened at Regions Bank for donations. The cost of a new pole is
approximately $2,200.00 and the veterans would like help from the City in installing the pole
and lighting the flag.
Commissioner Roberts suggested that Mr. Ballard look at the flag pole at the old Jackson
County Health Department.
Upon a motion by Commissioner Roberts, with a second by Commissioner Williams, the
Commission voted unanimously to authorize City staff to give the flag pole from the old Jackson
County Health Department building to the veterans and to authorize city staff to help the
veterans with the installation of a flag pole.
The City of Marianna awarded the airport terminal and parking lot improvements project
to David H. Melvin, Inc. The City has received a letter from the engineer with a list of additional
professional services for the subject project and would like to amend the task order. The
additional services are:
Additional architectural design / design development of the control tower
Additional structural engineering of the control tower
Additional electrical engineering to update construction plans
Additional civil engineering redesign in the parking lot
Additional bidding and negotiating services for the terminal building upgraded.
Based on a design fee of 7.0% of the construction cost of both the terminal upgrades and
parking lot reconstruction ($1,120,000.00) David H. Melvin, Inc., is requesting an increase of
$23,115.50 to account for the additional scope of work added to the project.
Upon a motion by Commissioner Roberts, with a second by Commissioner Ward, the
Commission voted unanimously to approve the amendment to Task Order No. 2013-7 (2nd
amendment of the Marianna Airport Terminal Building and Parking Lot Improvements Project
and increase the task order in the amount of $23,115.50 for additional engineering services for a
total of $79,800.00.
Over 30 years ago Mr. Foran constructed a 70' x 70' hangar at the Airport Commerce
Park. The city agreed at the time to allow Mr. Foran to construct the hangar on city property at a
cost of $100.00 per month. The city does not own the building, just the property where the
building is located. The existing lease expires in June 2015 and staff has been working with Mr.
Foran for over a year to negotiate a new lease. City staff and the city attorney recommend that
the city commission approve the proposed lease.
Upon a motion by Commissioner Roberts, with a second by Commissioner Williams, the
Commission voted unanimously to approve the proposed lease between the City of Marianna and
Dennie Foran.
In 2013 city staff applied for funding with the Florida Department of Transportation to
make improvements to Gateway Overlook Park. The City has been awarded $289,000 for the
proposed improvements. On March 3, 2013 the city commission created a committee to review
and rank the proposals for CEI services. The committee met on March 18th, and recommended
Alday-Howell Engineering. On April 7, 2015, the Commission approved the city manager to
negotiate a contract with Alday-Howell Engineering.
Upon a motion by Commissioner Roberts, with a second by Commissioner Williams, the
Commission voted unanimously to approve the contract with Alday-Howell Engineering, Inc.,
for CEI services related to the development of Gateway Overlook subject to no substantive
changes.
Since the City entered into the contract with Hayes Land Clearing for demolition of
houses, one property owner has cleaned-up her property. One property owner that the City has
been working with for more than 8 years has failed to clean-up his property and the City and
County are interested in removal of the Brown House. Change Order No. 1 removes the property
on Evelyn Street, adds the property 2819 Miltonia Ave and the Brown House located at 2923
Russ Street, and adds 10 additional days for the project completion.
Upon a motion by Commissioner Roberts, with a second by Commissioner Ward, the
Commission voted unanimously to approve Task Order No. 1, Dilapidated Structures Removal
increasing the contract price by $10,550.00.
To obtain Federal Highway Administration funding for City projects, the City must enter
into a Local Agency Program (LAP) Agreement with the Florida Department of Transportation.
The State is requesting the City enter into an agreement for funding of 60% of the design work
for the Kelson Avenue Storm water project and approve a resolution authorizing the City
Manager to sign the agreement.
Upon a motion by Commissioner Roberts, with a second by Commissioner Ward, the
Commission voted unanimously to approve Resolution 2015-33 Lap Agreement with FDOT for
funding 60% of the design work for the Kelson Avenue Storm water project and approve a
resolution authorizing the City Manager to sign the agreement.
Upon a motion by Commissioner Williams, with a second by Commissioner Ward, the
Commission voted unanimously to adopt the following resolutions - assessment liens dilapidated
structures. The resolutions are2015-13
2015-14
Carl Williams
William R. Clay,
Geraldine Clay Telfare
and Sandra Clay Baldwin
4257 Elm Street
$3,050.00
4276 Swilley Street
$5,450.00
2015-15
2015-16
2015-17
2015-18
2015-19
2015-20
2015-21
2015-22
2015-23
2015-24
2015-25
Joyce M. Baker
Willie Lee Speights
Larry Miller
Clement Hoardes
Gertrude E. Cotton
Robert L. Long &
Dorothy Long Cook,
subject to the life estate of
Oscar Long & Eva Pope Long
4124 North Street
4184 Cedar Street
4215 Clay Street
4111 Long Street
4221 Hickory Street
$5,850.00
$2,200.00
$4,650.00
$3,900.00
$6,250.00
2895 Orange Street
$1,750.00
Antron Fogler
Wendelyn C. Barnes
Leslie R. & Dorothy E. Brown
Steven Hall
Sharon Norris McMillion &
Michelle Thorton, subject to the
life estate of Rosevelt Norris
4201 Yost Street
4223 Clay Street
2819 Miltonia Ave
2824 Daffin Street
$3,650.00
$4,900.00
$5,150.00
$3,650.00
4152 Cedar Street
$3,250.00
One of the two final clarifiers at the WWTP (located at 2832 Davey Street) went down
several weeks ago. Staff contacted AAG Services, Inc., (Panama City, Fla), to assess the
problem. AAG pulled the unit and took it back to their shop for evaluation. The gear box unit
was determined to be repairable. The total repair cost to include removing the unit, repairing the
gear box, and performing installation and startup is $36,272.00. Until such time as this unit is put
back into operation, the treatment capacity at the WWTP is cut in half - from 4.00 million
gallons a day (4MGD) to (2MGD). This is an unanticipated emergency expenditure with funds
being taken from contingency line item.
Upon a motion by Commissioner Roberts, with a second by Commissioner Ward, the
Commission voted unanimously to approve the requested clarifier replacement and repairs from
AAG Services, Inc., in an amount not to exceed $36,272.00.
Jackson County and the City of Marianna own the Distribution Park jointly at Interstate
10 and Kynesville Highway. One feature of the park is the elevated water tank that has a logo
recognizing the park, Jackson County and the City of Marianna. One of the improvements that
was never incorporated into the construction of the water tank was lighting of the logo. Over the
past few months the County and City have obtained site certification for a major portion of the
park. Additionally, the County, City and JCDC have discussed marketing the park could be
enhanced by lighting the logo on the tank facing the interstate.
The City has contacted the contractor that installed the lighting on the water tank at the
Marianna Airport (S&S Electric) and obtained an estimate of cost. The City has approached the
County Commission and they have agreed to share in half of the cost of installation. This
enhancement would improve the visibility and marketing of the park, and it is recommended the
City install the lighting on one side of the tank.
Upon a motion by Commissioner Roberts, with a second by Commissioner Williams, the
Commission voted unanimously to approve the installation of lighting at the Distribution Park
Water Tank by S & S Electric of Florida, Inc., in the amount of $5,696.00 with Jackson County
participating in half the cost.
The Pipehunter trailer mounted jet/vacuum allows for cleaning of more remote and
isolated sewer mains and laterals that are unable to be accessed with the jet truck. It was
purchased new in 2003 for $31,998. As Ingram Equipment, LLC, is the authorized Pipehunter
dealer/representative in this area, staff considers this a sole source purchase. This is a
maintenance / repair expenditure with funds being taken from wastewater/systems repair line
item. Staff is requesting approval for repairs in the amount not to exceed $8,644.15.
Upon a motion by Commissioner Roberts, with a second by Commissioner Ward, the
Commission authorized the repair/rebuild of the Pipehunter trailer mounted jet/vacuum in the
amount not to exceed $8,644.15. The work is to be done by Ingram Equipment, LLC, who is a
sole source provider.
The City was awarded funding by Florida Department of Environmental Protection
(FDEP) under the SRF Drinking Water Program to complete planning documents associated
with doing a water interconnect between the Airport Commerce Park Water System and the
City's main system, along with a potential new well. The planning and engineering is being
completed with grant funds from FDEP-SRF under Agreement DW320220 in the amount of
$190,472.00. In order to receive funding in the form of a grant and loan the City is required to
adopt a Water Facilities Plan and Business Plan for the construction of a water interconnect.
Upon a motion by Commissioner Roberts, with a second by Commissioner Williams, the
Commission voted unanimously to authorize city staff to advertise a notice of intent to adopt, by
Resolution, a Water Facilities Plan and Business Plan for improvements to the City of Marianna
Water Systems.
City Attorney Matt Fuqua informed the Commission the City Marianna had started the
eviction process against Honkers, Inc., from a hangar at the Marianna Airport. However the
lease executed by Honkers is technically with the Marianna Airport Authority which is the City
Commission. Attorney Fuqua requested the Commission authorize the eviction as both the
airport authority and the City Commission.
Upon a motion by Commissioner Roberts, with a second by Commissioner Williams, the
Commission voted unanimously to authorize the city attorney to proceed with the eviction of
Honkers, Inc., at the Marianna Airport.
Upon a motion by Commissioner Roberts, with a second by Commissioner Williams, the
Commission voted unanimously to authorize the repaving of Orange Street to Lafayette Street at
a cost not to exceed $28,741.20 by Royal American.
A discussion was held on the repairs needed to the Russ House. Jackson County has
received a quote from Cathey Construction for exterior repairs only in the amount of $209,900
and is still trying to get the costs down. Commissioner Roberts requested that the Russ House
renovations be on the August agenda.
Mr. Dean gave an update on the Historic Preservation Grant Cycle Application. Staff
would like to apply for additional funds to continue the preservation of the First Bank Building.
There being no further business, the meeting was adjourned.
_____________________________
Mayor-Commissioner
Attest:
_______________________________
City Clerk
Employee Service
Recognitions
June 2015
The following employees are recognized for their years of service:
CITY
Irene Williams – 6/29/15 – Fifteen Years
MHRC
LaSonya Guilford – 6/5/15– Fifteen years
Annette Dalton – 6/21/15 – Fifteen years
Classie Butler – 6/29/15 – Ten years
Maxine Pollock – 1/30/2014 – Twenty-five years
CITY OF MARIANNA
COMMISSION AGENDA MEMO
July 7, 2015
ADMINISTRATIVE STAFF REPORT
Subject:
City of Marianna Scholarship
Subject Background:
The City of Marianna awards one scholarship a year to a
student who resides within the City limits of Marianna to
help further their education. The Scholarship Board held a
meeting on June 23rd to review eligible applicants to make
a recommendation to the City Commission.
The scholarship award will be available beginning Fall
2015 semester and is renewable the following Fall 2016 if
recipient met the approved guidelines.
Recommendation:
Staff recommends the Commission approve the Scholarship
Board decision in recommending awarding this year’s
Scholarship: To be announced at meeting.
Potential Motion:
I move to approve the recommendation to award to (to be
announced) the City of Marianna scholarship.
CITY OF MARIANNA
COMMISSION AGENDA MEMO
July 7, 2015
ADMINISTRATIVE STAFF REPORT
Subject:
City of Marianna and Jackson County Emergency Management
Administration (JCEMA) - Memorandum of Understanding
Subject Background:
JCEMA is required by the Florida Division of Emergency
Management to establish an Emergency Worker Base Camp in
the event of a natural disaster in Jackson County. There has
already been a designated sight stated in the previous
agreement that will not conflict with any airport operations
during activation. The agency would like to add the Madison
Park to the list of sites. Should the site(s) be activated, the City
of Marianna will be compensated for the use of the property.
Recommendation:
Staff recommends the city commission authorize the city
manager to issue a letter of support to Jackson County
designating the City's municipal airport and/or Madison Park
as an emergency worker base camp in the event of a natural
disaster.
Potential Motion:
I move to approve the recommendation for the authorizing the
City Manager to issue a letter of support to Jackson County
designating the City’s airport and/or Madison Park as an
emergency worker base camp in the event of a natural disaster.
Prepared by: Jim Dean, City Manager
CITY OF MARIANNA
OFFICE OF THE CITY COMMISSION
2898 Green Street
Marianna, FL 32446
Phone (850) 482-4353
Fax (850) 482-2217
MEMORANDUM OF UNDERSTANDING
Between the City of Marianna
And
The Jackson County Board of County Commissioners
(Emergency Management Department)
The City of Marianna agreed in a regular City Commission meeting on July 7, 2015 to
approve the Jackson County Emergency Management Agency, Florida DEM, or FEMA to
establish an Emergency Worker Base Camp at the City of Marianna’s Airport and/or
Madison Park in the event of a natural disaster in Jackson County.
This agreement is to be renewed yearly.
Chairman Marianna City Commission
Date
Chairman Jackson County Commission
Date
Emergency Management Director
Date
CITY OF MARIANNA
COMMISSION AGENDO MEMO
July 7, 2015
ADMINISTRATIVE STAFF REPORT
Subject:
Resolution 2015-34 - SRF Drinking Water Project
Airport Commerce Park Water System
Subject Background:
The City was awarded funding by Florida Department of
Environmental Protection (FDEP) under the SRF Drinking
Water Program to complete planning documents associated
with doing a water interconnect between the Airport
Commerce Park Water System and City’s Main System,
along with a potential new well.
The Planning and Engineering is being completed with
grant funds from FDEP-SRF under Agreement DW320220
in the amount of $190,472.00. In order to receive funding
in the form of a grant and loan the City is required to adopt
a Water Facilities Plan and Business Plan by resolution
which was advertised in the classified legal section of the
Floridan on June 28, 2015.
Recommendation:
The Water Facilities Plan and Business Plan was properly
advertised. Staff recommend the Commission approve
Resolution 2015-34.
Potential Motion:
I move to approve the adoption of Resolution 2015-34 for
the Water Facilities Plan and Business Plan for
improvements to the City of Marianna Water Systems.
Prepared by:
Jim Dean, City Manager
Approved for agenda by:
RESOLUTION NO. _________________
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MARIANNA,
FLORIDA APPROVING THE 2015 WATER SYSTEM FACILITY PLAN (INCLUDING
BUSINESS PLAN) RELATING TO THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (FDEP) STATE REVOLVING FUND LOAN
PROGRAM; PROVIDING FOR THE IMPLEMENTATION OF A WATER SYSTEM
PROJECT FOR WATER MAIN EXTENSION TO SUPPLY THE MARIANNA
AIRPORT/SUNLAND AREA; REPEALING RESOLUTIONS IN CONFLICT
HEREWITH; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Marianna, Florida has determined the projects recommended in
the City of Marianna Facilities Plan for the SRF Drinking Water Application 2015 Project need to
be implemented; and
WHEREAS, local government agencies are allowed, under the general laws of Florida to
apply for public loans through the State of Florida in order to finance the construction of water
facilities; and
WHEREAS, the administrative regulations of the Florida Department of Environmental
Protection (FDEP), the state agency that oversees the State Revolving Fund Loan Program, require
the City Commission, as the local governing body of the City of Marianna, to formally approve a
Water Facility Plan (including Business Plan) describing the necessary water system project to
include the extension of water main to supply the Marianna Airport/Sunland area.
WHEREAS, formal approval of a Water Facility Plan (including Business Plan) is required
in order for the City of Marianna to participate in the State Revolving Fund Loan Program; and
WHEREAS, the City Commission desires to formally approve the 2015 Water Facility
Plan (including Business Plan), a copy of which is attached hereto and incorporated herein as Exhibit
“A”, and desires to make certain improvements to its water system as more fully described in the
Plan; and
WHEREAS, the City Commission concurs with the findings and summary of necessary
improvements that are described in the Facility Plan for the purpose of improving water supply.
NOW, THEREFORE be it resolved by the City Commission of the City of Marianna,
Florida, that:
Section 1. The foregoing recitals are incorporated herein by reference.
Section 2. The City Commission of the City of Marianna, Florida, is authorized to
approve, and does hereby approve, the 2015 Water Facility Plan (including Business
Plan), a copy of which is attached hereto and incorporated herein as Exhibit “A”. The
said Facility Plan is approved pursuant to the State Revolving Fund Loan Program for the
purpose of making improvements to the City’s water facilities including the water main
extension to the Marianna Airport/Sunland area.
Section 3. The City Manager is hereby authorized and directed to execute the said
Facility Plan, including any and all papers and documents necessary and incidental
thereto.
Section 4. The City Manager is further designated to be the City’s representative who is
authorized to provide the assurance and commitments that will be required by the said
Facility Plan; and to represent the City in carrying out the City’s responsibilities under
the Plan, including the authority to delegate responsibility to appropriate City staff to
carry out the various technical, financial and administrative activities associated with
implementing the Plan.
Section 5. All resolutions or parts of resolutions in conflict herewith are hereby repealed.
Section 6. This resolution shall take effect upon adoption.
PASSED AND ADOPTED unanimously in open session of the City Commission of Marianna,
Florida on the ______ day of ________________________, 2015.
ATTEST:
Kim Applewhite, City Clerk
CITY OF MARIANNA
Travis Ephriam, Mayor-Commissioner
CITY OF MARIANNA
COMMISSION AGENDA MEMO
July 7, 2015
ADMINISTRATIVE STAFF REPORT
Subject:
Distribution Park
Cap and Abandon Well Sites on Property
Funding Agreement - NWFWMD
Subject Background:
The County and City own Distribution Park at Interstate 10.
The Park was recently certified as a site ready for
construction by McCullum Sweeney Consulting. The Site
Certification will greatly enhance the potential of siting a
project at the Park.
However, one of the obstacles that will have to be
addressed is the 3 abandon well sites on the property. The
City, County and JCDC have discussed this at length and
determined it is best to address the issue now rather than
wait.
The City of Marianna Public Works Department has
discussed the abandonment of the wells with the North
West Florida Water Management District (NWFWMD) and
they have presented the City with a Funding Agreement
which will fund half of the cost associated with
abandonment.
Recommendation:
Based on City Staff review and City Attorney review of the
Agreement it is recommended the City Commission
authorize the City Manager to execute the Funding
Agreement.
Potential Motion:
I move to authorize the City Manager to execute the
NWFWMD Funding Agreement to fund half of the cost
associated with the abandonment of wells at Distribution
Park.
Prepared by:
Jim Dean, City Manager
Approved for agenda by:
CITY OF MARIANNA
COMMISSION AGENDA MEMO
July 7, 2015
ITEM # _______
ADMINISTRATIVE STAFF REPORT
Subject:
Survivair SCBA Surplus
Subject Background:
Request for permission to give and release Marianna Fire Department
Surplus Survivair SCBA’s to any surrounding Jackson County
Volunteer Fire Department who are interested and request SCBA’s with
proper documentation.
Detail:
The City of Marianna has recently purchased 21 MSA Firehawk M7XT
SCBA’s. We have 19 Survivair self-contained breathing apparatus
(SCBA’s) that are 15 years old and non-compliant to 2013 NFPA
standards. The 19 Survivair SCBA’s do not meet the current National
Fire Protection Association (NFPA) Requirements. The company that
produced these 19 SCBA’s Survivair has since gone out of business.
Marianna Fire Department has been petitioned for these non-compliant
SCBA’s by several surrounding volunteer departments i.e. Dellwood,
Malone, Cottondale, and Alford. It is highly recommended by NFPA
that out of compliance equipment be disposed of because of the
liabilities associated with non-compliant equipment. Each department
will draft a letter requesting the surplus equipment and releasing The
City of Marianna and Marianna Fire Department from all liabilities in
receipt of the surplus equipment.
Recommendation:
Approve the request to give and release Marianna Fire Department
Surplus Survivair SCBA’s to any surrounding Jackson County
Volunteer Fire Department who are interested and request SCBA’s with
proper documentation.
Potential Motion:
I move to approve the request to give and release Marianna Fire
Department Surplus Survivair SCBA’s to any surrounding Jackson
County Volunteer Fire Department who are interested and request
SCBA’s with proper documentation.
Prepared by: Nakeya R. Lovett, Fire Chief Approved for agenda by:
CITY OF MARIANNA
COMMISSION AGENDA MEMO
July 7, 2015
ADMINISTRATIVE STAFF REPORT
Subject:
City of Marianna Industrial Park
Industrial Park Rules Change
Subject Background:
The Industrial Board over the past year has discussed
revising the rules for the Industrial Park, Marianna Airport
Commerce Park (MACP). With the changes and additions
that have taken place the Board believed it was needed,
since the last time they had been revised was in 1986.
Recommendation:
Since it has been an extended period of time since the Park
rules have been reviewed and / or revised along with new
businesses and changes at the Park it is recommended the
Industrial Park Rules be changed. Staff and the City
Attorney have reviewed the proposed changes and find
them to be acceptable. The Industrial Board met on April
21, 2015 to review the proposed changes and has
recommended to the Marianna City Commission the Rules
be changed.
Potential Motion:
I move to approve the Industrial Board’s recommended
changes to the Marianna Industrial Park Rules as presented
by the Industrial Board.
Prepared by:
Jim Dean, City Manager
Approved for agenda by:
DEVELOPMENT REGULATIONS FOR THE
MARIANNA AIRPORT COMMERCE INDUSTRIAL PARK
(MACP)
POLICY STATEMENTS
1.
Development Objectives
The City of Marianna seeks to provide prime development sites for industries desiring direct access to
an airport and major highways. Priority will be given to industries which are compatible with the
airport environment. The primary types of tenants include:
a. aviation related industry;
b. distribution centers;
c. general warehousing
d. light manufacturing;
e. research and development
f.
engineering facilities; and
g. other industries that frequently need air transportation or major highway access
All policies, agreements, and general plans for developing the Industrial Park shall be reviewed by the
Marianna Industrial Commission and approved by the City Commission.
2. Environment Goal
A primary goal for the Industrial Park is to assure that the planned industrial development be
achieved in an orderly way without creating adverse environmental impact. The Proposed
development regulations will serve to promote an aesthetically pleasing environment, enhanced by
abundant natural growth, without diminishing functional need of the tenant industries.
3. Development Review
All plans and specifications for improvements, structures, or facilities proposed for a site in the
Industrial Park shall be approved by a staff Development Review team composed of the City
Manager, Fire Chief, Director of Public Works, Municipal Development Director, and the Industrial
Commission Chairman, and the Chamber of Commerce President, or their designees. Ad hoc
members may be added as required. The approved site plan will be attached to the lease agreement
and/or sales contract, which shall be approved by the City Commission.
4. Compliance
The proposed regulations are intended to establish the integrity of the Airport Master Plan, protect
each tenant from encroachment of a neighboring industry, and to preserve the property values. The
covenants will be binding on each tenant and will be a permanent part of each lease agreement and/or
sales contract. The City Manager or his appointed representative will oversee the Industrial Park and
assure compliance with covenants. Exceptions and modifications to these covenants can be made by
the City Commission with recommendation from the Marianna Industrial Commission.
5. Leases
The City will cooperate in negotiating long term leases acceptable to the financial lending institutions.
Unless otherwise required, no lease shall be executed for a period longer than 30 20 years with a five
(5) year renewal option at a negotiated price. Leases will reflect the cost of mortgage funds as a
percent returned on fair market value. Leases may be executed at less than fair market value upon
approval of the City Commission with recommendation from the Marianna Industrial Commission.
6. Site Plan Approval
a. Submittal of Plans: Before commencing any improvements to the site, the tenant shall
submit site plans, building plans, and specifications to the Development Review team for
approval. The plans and specifications must conform to the performance standards of this
covenant and all existing state and local codes, regulations and permit requirements.
b. Site Plan Content: Five copies of the Site Plan, certified by a professional Engineer
registered in the State of Florida, shall be drawn to a scale not more than 44’ to the inch
and must include the following:
i. A layout plan showing all improvements, buildings, parking areas, circulation
roads and walkways, landscaping (existing and proposed), and fencing or other
screening.
ii. Underground utility plan showing electric service, sewer and water connections,
and other utility line.
iii. Proposed drainage and erosion control plan (DER Requirement).
iv. Building plans including a plan view, elevation drawings of all faces, and
exterior specifications.
v. Exterior lighting plan including types of fixtures proposed, locations and heights.
vi. Description of any proposed sign(s).
vii. Description of all structures: antennas, chimneys, etc., rising above the roof
elevation. Give exact heights.
viii. Pre-Treatment Sewer System if required.
c. Fees: A review fee of One Hundred Dollars ($100) may be required shall be paid by the
tenant at the time plans are submitted for approval. In the event that the plans are
disapproved, an additional review fee in the amount of One Hundred Dollars ($100) may
be required will be paid prior to further review.
COVENANTS
I.
Regulation of Improvements
1. Minimum Setback Lines: No structure of any kind of part there-of shall be placed on any
site closer to the property line than that which is described in City of Marianna code. the
following:
a. Front yard – 35 ft.
b. Side yard – 15 ft.
c. Street side yard – 30 ft.
d. Rear yard – 35 ft.
2. Site Preparation: Any earth movement shall be accomplished to the advantage of good
aesthetics and landscaping in accordance with the site plan. This will include the flagging of
trees prior to site development and the selective retention of trees as required by ordinances.
Disruption of natural drainage shall be minimized.
3. Building Requirements: The Airport is designated a First Fire District. Any building,
improvement or structure on a site shall conform to the City of Marianna Code of Ordinances
following general conditions.
a. The maximum permitted height of any facility will be governed by the City of
Marianna Code and by City Ordinance is 65 feet or Part 77 of the Federal Aviation
Regulations as applicable.
b. All construction shall comply with applicable Local, State and Federal regulations,
code’s and ordinances.
c. The City of Marianna Land Development Code Zoning Ordinance, as amended, shall
apply except that in the event of conflict between the zoning ordinances and the
Airport’s Development Regulations, the more stringent requirement shall apply
4. Landscaping/Screening: The required setback areas including water retention areas, shall be
in accordance with City, State and Federal requirements and regulations. at least 50%
landscaped with lawns, trees or shrubs. Maximum use is required of screen planting, bushes,
and approved fences as buffer zones between lots and around parking areas. A loading docks
and outdoor storage areas shall be screening in accordance with the Zoning Ordinances as
amended.
5. Parking: On street parking is prohibited. Each industry must provide adequate paved parking
for its maximum anticipated need. In no case shall it be less than the following standards
Parking requirements shall be at a minimum in accordance with City of Marianna Code and
Land Development Requirements.
a. One space per 1000 sq. ft. of building floor area for warehouse facilities in single
shift industries.
b. Two spaces per 1000 sq. ft. for manufacturing industries likely to operate more than
one shift.
c. Three spaces per 1000 sq. ft. for research and development facilities or corporate
office buildings.
d. A parking space shall conform to city ordinances or not less than 180 sq. ft. The
required spaces will be 2 for each 3 employees.
6. Signs: No off-site signs are permitted except in the Industrial Park Directory. Wall signs are
restricted to 2 sq. ft. per each linear foot of building wall on the longest side. Billboard signs
are allowed a display area not to exceed 300 sq. ft. No billboard flashing light or advertising
sign shall be permitted on any site within the property. Only signs identifying the name,
business and products of the person or firm occupying the premises and those offering the
premises for sale or lease will be permitted.
a. Only one sigh of approved design shall be permitted on the front setback line and one
sign may be attached to the side of a building which faces a public street.
b. Signs shall conform to City Ordinance and FAA Regulations.
7. Storage: Outdoor storage of materials is permitted only under the following conditions:
a. No storage of materials are allowed in the required front yard.
b. All outdoor storage is to be screened by a visually solid fence or wall to be as tall as
the material being stored but not to exceed 8 ft. in height.
c. Storage of materials in excess of 8 ft. must be set back 5 ft. for each additional foot of
height above 8 ft.
d. Walls and fences must be maintained by the owner or lessee in a neat and orderly
condition as determined by the City Manager.
8. Exterior Lighting: Must be shielded type which will not create adverse impact on
neighboring properties or cause interference with safe airport operations. Lighting must be in
accordance with City, State and Federal guidelines.
9. Sewer and Water: All tenants must tie into the airport sewer and water system. The industry
discharge will not be permitted to overburden the airport system’s design capacity. All
leasee’s and owners will follow City of Marianna Code of Ordinances for industrial
permitting, pretreatment and connection to the City’s sewer, natural gas and water systems.
Chapter of Marianna Code of Ordinances for industified wastewater discharge shall apply.
II.
Operations and Permitted Uses
1. Permitted Operations and Uses: Unless specifically prohibited, any industrial operation and
use will be permitted. Generally permitted industrial classifications include: commercial,
research and light industry, industrial support, and medium industry.
2. Prohibited Operations and Uses: The following operations and uses shall not be permitted
on Airport property at any time: residential, trailer courts, labor camps, junkyards, dumping,
disposal, garbage incineration, refuse, stockyards, smelting and large animal raising.
3. Retail uses: Retail uses shall be allowed when such retail sales are related to products
produced by occupant of industrial park property. Examples of such uses include but are not
limited to outlet sales of goods manufactured by the company and products which are
repaired by the occupant. It is the intention that the retail sales be related to manufacturing
use associated with the property.
4. Objectionable conditions: The property shall not be used or occupied in any manner so as to
create any dangerous, injurious, noxious or otherwise objectionable conditions which may
affect any other property.
5. Dust Control: All leased ground areas not covered by structures landscaped and surfaced
with dust-free surfacing; shall be maintained in good condition, free of weeds, dust, trash and
other debris; and shall be properly drained and graded.
6. Continuous Care and Maintenance: Tenants are required to maintain all buildings, signs
and landscaping in a harmoniously attractive, safe and clean condition at all times. Any
changes or additions to a site are subject to approval by the Marianna Industrial Commission
Marianna Planning & Zoning Board, Marianna City Commission and the Development
Review Committee as applicable.
ADOPTED BY AIRPORT INDUSTRIAL BOARD
AUTHORITY ON
DATE: _____________________________
CITY OF MARIANNA
COMMISSION AGENDA MEMO
July 7, 2015
ADMINISTRATIVE STAFF REPORT
Subject:
City of Marianna Manning Document Changes
Subject Background:
The changes of the manning document are being submitted due to previous
changes made to the personnel policy, the deletion of pay grade 9 and changes
made to applicable job descriptions. Staff believes these changes would
improve the administrative function of the City. All additions are underlined
and all deletions are stricken.
In July 2014, the Commission approved to delete pay grade 9 from the
Manning Document and change all applicable job descriptions to a pay grade
10. At the time of this change, the Fixed Base Operator, Recreation
Specialist, Street Trade/Maintenance Worker, Utility Service Worker &
Utility Technician were set with a step increase based on experience at 9, 11,
& 13 so the change made those a 10, 11, & 13. The Heavy Equipment
Operator and Mechanic at the time of the deletion of pay grade 9 were set at
10, 12 & 14. The change made the pay grades unbalanced and made the entry
level position equal to the positions which require experience and/or
specialized training. Staff believes to continue with the established step
increase based on experience and/or training for the aforementioned positions
those affected pay grades should be modified from a 10, 11, & 13 to 10, 12 &
14 and the 10, 12, & 14 to an 11, 13, & 15.
The Communication officer is currently set at a paygrade 10. Based on the
Department of Health’s new regulation, all public safety dispatchers are
required to obtain a Telecommunication Certification in addition to the
already required NCIC/FCIC certification. Staff believes in order to hire and
retain employees the pay grade should be adjusted to a step level in order to
base starting salary on experience and training. Therefore, staff recommends
the position pay grade be modified to add pay grade 12. This change would
result in the second step increase to be equal to the Senior Communication
Officer so staff recommends the current paygrade of 12 be changed to 14.
The changes to the exempt and non-exempt classification are noted on the
attachment. The proposed changes to the plan policy are marked as well.
Recommendation:
Staff recommends the City Commission to approve the changes to the
City Manning Document as described in the subject background.
Potential Motion:
I move to approve the recommended changes to the City Manning
Document.
JOB TITLE
Accounting Technician
Accounts Payable/Payroll Clerk
Administrative Assistant/Human Resource Director
Administrative Assistant to the Fire Chief
Administrative Assistant to Municipal Development Director
Administrative Assistant to Police Chief
Administrative Assistant to Public Works Director
Animal Control Officer
Belt Press Operator
Chief of Police
City Clerk/Finance Director
City Manager
Code Enforcement Officer
Communications Officer
Computer/Office Technician (Airport/FBO/Sunland)
Computer/Office Technician (Water/Wastewater)
Detective Sergeant
Director of Public Works
Electricial Maintenance Technician
Fire Captain
Fire Chief
Fire Engineer
Firefighter/EMT
Fire Prevention/Training Officer
Fixed Base Operator I/II/III
Foreman- Divisoin of Natural Gas
Foreman - Division of Streets
Foreman - Sunland Division
Heavy Equipment Operator
Information System Technician
Landscape Maintenance Worker
MainStreet/Special Projects Coordinator
Master Mechanic
Mechanic I/II/III
Meter Reader I/II/III
Municipal Development Director
Office Manager
Operator/Maintenance Supervisor
Operator I/II/III - Water/Wastewater
Patrol Officer
Planner
Planning Technician
Police Captain
GRADE
15
21
23
13
13
13
16
10
10
N/A
28
N/A
16
10
10
10
19
28
20
18
28
16
14
23
10,11,13
14
14
14
10,12,14
17
12
19
20
10,12,14
10,11
28
10
20
15,17,19
16
23
18
23
10,12
10,12,14
11,13,15
11,13,15
Police Lieutenant/Detective
Police Lieutenant/Patrol
Police Sergeant Patrol
Police Senior Patrol
Recreation Aide - (Part time)
Recreation Assistant
Recreation Director
Recreation Specialist I/II/III
Senior Communications Officer
Street Trade /Maintenance Worker I/II/III
Supervisor Division Airport/Industrial Park/Sunland
Supervisor Division of Natural Gas
Supervisor Division of Street/Facility/Fleet Maintenance
Supervisor Division of Water/Wastewater
Utility Billing Clerk
Utility Clerk/Cashier
Utility Service Worker I/II/III - Gas
Utility Tech - City Clerk's Office
Utility Technician I/II/III - Sunland Division
Utility Technician I/II/III - Water/Wastewater
7/1/2014 commission approved to delete pay grade 9
21
21
19
18
N/A
12
28
10,11,13
12
10,11,13
23
23
23
24
15
10
10,11,13
10
10,11,13
10,11,13
10,12,14
14
10,12,14
10,12,14
10,12,14
EXEMPT AND NON-EXEMPT CLASSIFICATION
In accordance with the requirements of the FLSA (Fair Labor Standards Act – new revision
effective August 23, 2004), the following list specifies the exempt and non-exempt job
classifications for employees of the City of Marianna, Florida:
A.
Exempt Category:
City Manager
City Clerk/Finance Director
Fire Chief
Assistant Chief/ Fire Prevention Officer (Primary duties doesn’t meet exempt status)
Director of Public Works
Director of Recreation
Municipal Development Director
Police Chief (An elected official is not classified under FLSA)
Police Captain (Based on a DOL audit, primary duties of position are not considered
exempt status)
Supervisor – Airport/Industrial Park/Sunland
Supervisor – Natural Gas
Supervisor – Street/Facility Maintenance/Fleet
Supervisor – Water/Wastewater
B.
Non-Exempt
All other authorized personnel for the City of Marianna as approved by the City
Commission contained in this manning document, except those specifically listed
above as “Exempt.”
Insert date when approved
PLAN POLICLES
The Classification and Pay Plan is intended to provide all employees with equitable and competitive
pay, relative not only to pay received by other employees performing similar tasks in the City, but,
also by rates paid by other employers in the labor market from which the City employees are
recruited.
A. Salary Ranges
The minimum - maximum pay (salary schedule) method has been selected for the City to employ.
Set out in the approved Manning Document
1. The salary schedule outlines the various levels and salary range.
2. An employee may receive an annual increase on the beginning of the new fiscal year
and an increase on their anniversary date, not to exceed the percentages adopted in the
annual budget by the City Commission.
3. The progression of an employee through the pay grade will depend primarily upon
the individual performance, budget restraints and the increases will be approved by the
City Commission the City Manager.
4. The salary adjustments given on the employee anniversary are given as an incentive
for the employee to improve their work performance.
5. Positions that are required by the State of Florida to possess a license or certification
(ie: nursing, public safety, water/waste water, natural gas) may receive an additional two
(2) percent increase to the minimum salary pay range for each confirmed years of
experience not to exceed twenty (20) percent subject to final approval of the City
Manager.
B. Promotions
When an employee advances from one grade to a higher grade it is considered a promotion. The
promoted employee should receive a salary increase equal to the minimum rate of the new pay
grade or an increase equivalent to a 3% increase, whichever is greater. the greater of the
employee’s current rate.
C. Demotions
If an employee is demoted, the demotion may be in the form of a reduction in pay or to a lower
job classification. A demoted employee should not be paid more than the maximum rate
established for the new pay grade. Employees receiving a demotion at their own request or due to
the inability to perform the required work due to health or other reasons may be reclassified to a
lower job classification. The City Manager must first receive ample justification from the
respective Department Head before any consideration may be given.
Updated and approved by City Commission on September 1, 2009
D. Transfers
A transfer of an employee to another position in the same job classification or to a different
position with the same pay grade cannot be considered a promotion. An employee transferred to a
lower job classification shall be in accordance with the rules for demotions.
E. Reclassifications
When a position is reclassified to a higher grade, a pay adjustment will be administered as outlined
in paragraph 2. C B. Promotions. When a job reclassification results in a lower pay grade, the
personnel action will be made in accordance with paragraph 2. D C. Demotions.
F. New Employees
In the event the applicant exceeds all of the minimum standards required for the job, the
assigned starting salary may be greater that the beginning salary for the position, but cannot
exceed 20% over the starting salary for the position.
G. Employment Status
1. Permanent Full-Time: A City employee who is hired to fill an authorized position as
outlined in the City Manning Document and approved in the City of Marianna Budget,
unless
approved by the City Manager, the position will require a minimum of forty (40) hours per week.
Benefits will be outlined within the adopted City Personnel Policy Manual.
2. Permanent Part Time: A City employee who is hired to fill a designated position as outlined in
the City Manning Document and is regularly scheduled to work less than forty (40) hours per week.
An employee whose normal schedule is less than thirty-two (32) hours per week is not entitled to
benefits. Employees whose normal schedule is more than thirty-two (32) hours but less than forty
(40) hours will be eligible for annual leave, sick leave, health insurance and dental insurance at a
prorated rate. Benefits will be outlined within the adopted City Personnel Policy Manual.
Employees will not be eligible for compensation time unless hours work exceed forty (40) hours
and comp time was approved by the supervisor, department head or City Manager.
3. Intermittent Temporary: An employee who is employed less than not more than nine (9) six
months in a fiscal year on an as needed basis due to seasonal and/or emergency basis. An employee
hired on this basis is not eligible for benefits. This status can be full or part-time.
4. Contract Employment: Those individuals who are hired to provide a service to the City and
are paid for said services. These individuals are not eligible for benefits.
Updated and approved by City Commission on September 1, 2009
Resolution Requesting a Statewide Ban on Extreme Hydraulic Fracturing, Acid
Fracturing and any form of Well Stimulation or Resource Extraction in Florida
WHEREAS, well stimulation such as hydraulic and acid fracturing (fracking and
acidification) involve the use of chemicals and hazardous materials during construction,
drilling, fracturing, gas production and delivery, well maintenance, and workover
operations; and
WHEREAS, fracturing of underground geologic formations is accomplished by injecting
a complex mix of fluids and chemicals under very high pressure to create fractures in gas
bearing geologic formations; and the water used is contaminated forever; and
WHEREAS, each fracturing uses 30,000 up to 13 million gallons of water and each well
and can be fractured over 13 times. http://www2.epa.gov/sites/production/files/201503/documents/fracfocus_analysis_report_and_appendices_final_032015_508_0.pdf
WHEREAS, well stimulation permanently pollutes millions of gallons of water with the
chemicals used in fracking and acidizing and with the radioactive materials and heavy
metals in the flowback; and
WHEREAS, many of the chemical constituents injected during fracturing have
documented adverse health effects and/or adverse environmental impacts, for example,
60% of those chemicals can harm the brain and nervous system, 30% are suspected
carcinogens, and 30% are developmental toxicants; and
WHEREAS, there have been more than a 1,000 documented cases of water
contamination near fracking sites; and
WHEREAS, wastewater from fracking can contain radioactive elements and has been
discharged into rivers that supply drinking water for millions; and
WHEREAS, use of these well stimulation fracturing chemical mixtures expose adjacent
land and surface waters to the risk of contamination through open pit storage, truck
transport on roadways, and activities during well development; and
WHEREAS, pollution of water caused by well stimulation and fracking threatens the
long term economic wellbeing of communities, as businesses and consumers depend on
clean drinking water; and
WHEREAS, oil and gas industry is not required by federal law to publicly disclose
chemical formulas of well stimulation and fracturing fluids so that this information is
publicly unavailable for health and safety purposes; and
WHEREAS, wise stewardship of our natural resources involves protection of Florida’s
water supplies and water resources for generations to come; and
WHEREAS, protection of Florida’s water supplies and resources is better accomplished
by prevention of contamination and environmental degradation, rather than attempting to
cleaning up contamination and restoring degraded environments after the fact;
NOW, THEREFORE, BE IT RESOLVED, that on the _____day of ____2015, the
County of______________ supports a statewide ban on hydraulic fracturing, acid
fracturing and any form of extreme well stimulation and resource extraction, including
prohibiting the disposal of related materials and byproducts, anywhere within the State of
Florida or in the waters adjacent to the State, and
AND BE IT FURTHER RESOLVED that the County of ________ will send a letter to
our state legislators and the Governor of the State of Florida calling for a ban on fracking
and for them to introduce and/or support a legislative bill prohibiting all forms of extreme
well stimulation and resource extraction, and the disposal of related materials and
byproducts, anywhere within the State of Florida or in the waters adjacent to the State.
PASSED, APPROVED, AND EFFECTIVE on this ____ day of ____, 2015.
ATTEST:
__________________________
________________________________
__________________________
________________________________
RESOLUTION #______
Name of City, County, or Municipality
A RESOLUTION OF THE _________ , City , FLORIDA, SUPPORTING LEGISLATION
PROVIDING FOR A STATEWIDE BAN ON HYDRAULIC FRACTURING, ACID FRACTURING,
OR ANY WELL STIMULATION PERFORMED FOR THE PURPOSES OF EXPLORATION OR
PRODUCTION OF OIL OR NATURAL GAS IN THE STATE OF FLORIDA, INCLUDING THE
PROHIBITION OF DISPOSAL OF RELATED MATERIALS AND BYPRODUCTS, ANYWHERE
WITHIN THE STATE OF FLORIDA OR IN THE WATERS ADJACENT TO THE STATE;
OPPOSING ANY LEGISLATION THAT WOULD KEEP SECRET CHEMICALS OR ANY
OTHER SUBSTANCE USED IN FRACKING, OR OTHER METHODS OF OIL OR GAS
DRILLING OR RECOVERY AND/OR PERMIT FRACKING TO EXPAND INTO FLORIDA
Overwhelmingly, emerging scientific data show harm and inherent problems with drilling and
fracking. We strongly urge the Florida Legislature and Governor to re-evaluate their positions on
the state of the science. The science is not divided; research clearly and with strong
documentation, shows that drilling and fracking are inherently dangerous to public health, welfare
and the environment.
WHEREAS, well stimulation treatments will involve the use of hundreds of chemicals,
some of which are known to be carcinogenic or could otherwise be harmful to human
health; and WHEREAS, exposure to the chemicals used in well stimulation treatments will pose
a widespread and significant risk to public health and safety and the environment; and WHEREAS, well stimulation treatments may involve the use of substantial amounts of
freshwater at a time when many Florida lakes, rivers, springs and municipalities are
already struggling with the impacts of pollution and water scarcity; and
WHEREAS, after being injected into the ground, the chemicals used in the fracking
process have leached into groundwater supplies, contaminating drinking water for local
residents. There have been more than numerous documented cases of water
contamination next to fracking sites, as well as cases of sensory, respiratory, and
neurological damage.
WHEREAS, in parts of the U.S, where hydraulic fracturing has occurred, including
California, Texas, Colorado, Pennsylvania and Wyoming, there have been numerous
complaints and legal actions because of contamination of drinking water with arsenic,
methane, neurotoxins, and other proven and suspected carcinogens.
WHEREAS, as with oil and gas wells, the material used for the pipelines will age and
degrade over time, increasing the likelihood of leaks. Pipeline accidents are a regular
occurrence nation-wide. Legislation or regulations will not stop these leaks and spills as
history has clearly shown. WHEREAS, after decades of work on an Everglades restoration plan with billions of
dollars invested, it would be unacceptable and hazardous to allow drilling and fracking
for oil in the Everglades, Big Cypress, and other nearby ecosystem areas. Accidents,
spills, and releases of air and water pollutants, such as benzene, metals and hydrogen
sulfide, will become likely. WHEREAS, a spill, leak or other accident in Big Cypress or the Everglades would
create a nightmare scenario for water supplies, wildlife and drinking water, including the
ecosystem, which feeds the spawning grounds of Ten Thousand Islands, affecting
much of the state’s fishing industry. Regulation and minimal penalties will have no
effect.
WHEREAS, the wise stewardship of our natural resources involves protection
of Florida’s water supplies, wildlife and water resources for generations to come; and
WHEREAS, as a result of Amendment One, the Constitution of the State Of Florida now
requires that the legislature take immediate and certain steps to protect, restore and
preserve Florida's lands and water resources by prevention of contamination and
environmental degradation, rather than attempting to clean up contamination and
restore degraded environments, which may not be possible, after the fact;
NOW, THEREFORE, BE IT RESOLVED BY THE _________
1. _______ supports a statewide ban on the use of hydraulic fracturing, acid fracturing and well stimulation treatments performed for the purposes of exploration or production
of oil or natural gas in the State of Florida including prohibiting the disposal of related
materials and byproducts, anywhere within the State of Florida or in the
waters adjacent to the State,; opposing any legislation that would allow or
authorize more permits to allow fracking to expand in Florida and/or keeping secret from
the public (in effect a public record “gag order,”) health authorities, physicians or
governmental entities, the use, type and amount of any hazardous chemicals, or
substances used in fracking or other oil or gas extraction methods.
2. That the ________ will send a copy of this Resolution to the Florida Legislature and
the Governor of the State of Florida; Florida Department of Environmental Protection;
[name of other local officials]; And will also direct municipal state affairs/lobbying
department to support legislation whenever possible.
3. Effective Date. This resolution shall take effect immediately upon adoption: DULY
ADOPTED, this the day of month, 2015.
ATTEST:
__________