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OFFICE OF
CITY COUNCIL
RES EARCH DIVISION
RULES COMMITTEE MINUTES
December 6, 2010
10:00 a.m.
Council Chamber
First Floor, City Hall
117 West Duval Street
Attendance: Committee Chair Denise Lee; Committee Members Stephen Joost, William Bishop, Richard Clark (excused), John Crescimbeni, Art Shad (excused), and Clay Yarborough; Council President Jack Webb; Council Members Reggie Brown and Don Redman; Janice Billy and Sean Costigan, Office of Council Auditor; Dylan Reingold and Peggy Sidman, Office of General Counsel; Juliette Williams, Rachel Welsh, and Rick Campbell, Office of City Council; Lisa Rinaman, Office of the Mayor
The Committee Chair, Denise Lee, called the meeting to order at 10:08 a.m., and the committee took the following actions:
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1. 2010-360 |
RESO
Making Findings Pursuant to Sec 409.147, F.S.; Designate New Town
Neighborhood in 32209 as Jax Children's Initiative. (Sidman) (Introduced by
C/M Jones) |
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1.
5/11/2010 CO Introduced: R,PHS |
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5/17/2010 PHS Read 2nd &
Rerefer; 5/17/2010 R Read 2nd &
Rerefer |
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2.
5/25/2010 CO Read 2nd & Rereferred; R, PHS |
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BILL SUMMARY DEFER |
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2. 2010-695 |
ORD-MC
Amend Secs 655.304 (Fair Share Assessmt Administrative Procedures; Admin
Approval Process for Fair Share Assessmt Contracts with Assessmts Less than
$100,000), Ord Code, 655.305 (Public Notice & Hearing Requiremts for
Council Approval of Fair Share Assessmt Contracts with Assessmts of $100,000
or More, or with Terms Longer than 5 Yrs) & Creating New Sec 655.308
(Alternative Formula Fair Share Assessmt Contracts) to set an Alternative
Formula for Fair Share Assessmt Contracts; Providing Eligibility Criteria for
use of Alternative Formula. (Reingold) (Introduced by C/M Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 9/14/10 |
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1.
8/24/2010 CO Introduced: R,TEU,F |
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9/7/2010 R Read 2nd & Rerefer; 9/7/2010 TEU Read 2nd & Rerefer |
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9/8/2010 F Read 2nd & Rerefer |
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2.
9/14/2010 CO PH Read 2nd & Rereferred; R, TEU, F |
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BILL SUMMARY (Substitute
provisions not discussed in committee) SUBSTITUTE/REREFER 5 - 0 |
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3. 2010-766 |
ORD-MC
Creating new Sec 634.102(f), Ord Code, to Estab a $40 Court Cost on Felonies,
Misdemeanors & Criminal Traffic Infractions to fund Elements of State
Court Syst, Provide Progs thru Jax Area Legal Aid, Inc for Education,
Mediation & Defense of Foreclosure Actions for Disadvantaged; Sunset on
12/31/14; Amend Sec 111.385 (Court Cost $65 Trust Fund per Sec 939.185 F.S.)
to Conform Same to Statutory Changes; Create New Sec 111.386 (Court Cost $40
Trust Fund per Sec 939.185(1)(b) F.S.) to Receive Authorized Court Costs.
(Rohan) (Introduced by C/M Hyde) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/12/10 |
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1.
9/28/2010 CO Introduced: F,PHS,R |
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10/4/2010 R Read 2nd & Rerefer |
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10/5/2010 PHS Read 2nd &
Rerefer; 10/5/2010 F Read 2nd &
Rerefer |
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2.
10/12/2010 CO PH Read 2nd & Rereferred; F, PHS, R |
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BILL SUMMARY DEFER |
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4. 2010-787 |
RESO
Reappt John F Gaillard as Member of Health Planning Council of Northeast
Florida, Inc as a "Consumer" for 2-Yr Term exp 9/30/12. (Welsh)
(Introduced by C/P Webb) |
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1.
10/12/2010 CO Introduced: R |
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10/18/2010 R Read 2nd & Rerefer |
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2.
10/26/2010 CO Read 2nd & Rereferred; R |
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APPROVE 6 – 0 (Council
President Webb voting) |
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5. 2010-795 |
ORD
Auth Joint Use Agreemt with Twin Hills Civic Assn, Inc; Designate Oversight
by Rec & Community Svcs Dept. (Sidman) (Introduced by C/M Reggie Brown) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/26/10 |
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1.
10/12/2010 CO Introduced: R,RCD,F |
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10/18/2010 RCD Read 2nd &
Rerefer; 10/18/2010 R Read 2nd &
Rerefer |
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10/19/2010 F Read 2nd & Rerefer |
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2.
10/26/2010 CO PH Read 2nd & Rereferred; R, RCD, F |
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BILL SUMMARY Discussion
included use of the park and its value to the City, and whether there are
other similar situations. DEFER |
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6. 2010-814 |
RESO
re Council's Support for Local Bill J-4 that Amends Article 1 (Govt) of City
Charter to Estab a new Chapt 3 (Transparency in Govt) Setting Policy,
Addressing Votes Required to Waive Ord Code, Require Written Contracts before
Recommendation or Passage by Council; Setting Types of Contracts that must
have Council Apv, Require Addnl PH's for Certain Matters before Council,
Limit Manner to Amend Legislation & Require Recordation of Votes at Council
Mtg. (Rohan) (Introduced by C/M Johnson) |
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1.
10/26/2010 CO Introduced: R, F ( Added to F 11-9-10) |
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11/1/2010 R Read 2nd & Rerefer |
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2.
11/9/2010 CO Read 2nd & Rereferred; R, F |
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BILL SUMMARY DEFER |
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7. 2010-819 |
RESO
Reappt Dr Barbara Ann Darby as Member of Health Planning Council of Northeast
Fla, Inc as a Consumer Rep for 3rd Term exp 9/30/12. (Welsh) (Introduced by
C/P Webb) |
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1.
10/26/2010 CO Introduced: R |
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11/1/2010 R Read 2nd & Rerefer |
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2.
11/9/2010 CO Read 2nd & Rereferred; R |
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WITHDRAW 5 - 0 |
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8. 2010-832 |
RESO
Conf Appt (Retroactive) of Jimmy Augustus Holderfield as Dir of Corrections
in JSO. (Sidman) (Req of Sheriff) |
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1.
10/26/2010 CO Introduced: R |
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11/1/2010 R Read 2nd & Rerefer |
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2.
11/9/2010 CO Read 2nd & Rereferred; R |
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APPROVE 5 - 0 |
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9. 2010-836 |
ORD-MC
Creating New Chapt 685 (Sexual Offender & Sexual Predator Regulation),
Ord Code; Renumber Secs 674.501, 674.502 & 674.503 to be Secs 685.101,
685.102 & 685.103; Create New Sec 685.104 (Prohibited Holiday Activity
for Sexual Offenders; Exceptions) to Regulate Dress & Conduct of Sexual
Offenders & Sexual Predators around Children During Holidays; Prohibit
their Participation in Holiday Activities that would Present Increased
Opportunities to Gain & Violate Trust of Children; Provide for
Residential Signage & other Responsibilities for Sexual Offenders &
Predators during Halloween; Providing Penalties. (Rohan) (Introduced by C/M
Redman) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 11/9/10 |
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1.
10/26/2010 CO Introduced: R,F,PHS |
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11/1/2010 R Read 2nd & Rerefer |
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11/2/2010 PHS Read 2nd &
Rerefer; 11/2/2010 F Read 2nd &
Rerefer |
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2.
11/9/2010 CO PH Read 2nd & Rereferred; R, F, PHS |
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BILL SUMMARY Mr.
Larry Pritchard, JSO legal advisor, was present and it was requested that he
meet with committee members to address their concerns, including questions
regarding constitutionality. DEFER |
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10. 2010-838 |
ORD
Approp $36,153.44 from Fla Dept of Health to Reimburse City for Deploying
Resources & Employees to Assist in State of Fla's Response to the H1N1
Flu Incident. (BT 11-013) (McCain) (Req of Mayor) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 11/23/10 |
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1.
11/9/2010 CO Introduced: R,F,PHS |
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11/15/2010 R Read 2nd & Rerefer |
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11/16/2010 PHS Read 2nd &
Rerefer; 11/16/2010 F Read 2nd &
Rerefer |
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2.
11/23/2010 CO PH Read 2nd & Rereferred; R, F, PHS |
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BILL SUMMARY APPROVE 5 - 0 |
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11. 2010-841 |
ORD
Auth a 1st Amend to Agreemt with Learn to Read, Inc to extend Duration of
Agreemt 1 Yr & Auth Library Director to Extend Agreemt an Addnl Yr.
(Reingold) (Req of Mayor) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 11/23/10 |
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1.
11/9/2010 CO Introduced: R,RCD,F |
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11/15/2010 RCD Read 2nd &
Rerefer; 11/15/2010 R Read 2nd &
Rerefer |
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11/16/2010 F Read 2nd & Rerefer |
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2.
11/23/2010 CO PH Read 2nd & Rereferred; R, RCD, F |
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BILL SUMMARY Amendment
replaces Exhibit 1 to correct duration of extension. AMEND/APPROVE 5 - 0 |
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12. 2010-845 |
ORD
Auth a Memo of Agreemt with the Dept of Interior's Minerals Mgmt Svc &
the Army Corps of Engineers (ACOE) to allow ACOE to bid out work to Renourish
Jacksonville's Beaches in 2011. (McCain) (Req of Mayor) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 11/23/10 |
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1.
11/9/2010 CO Introduced: R,TEU,F |
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11/15/2010 R Read 2nd & Rerefer; 11/15/2010 TEU Read 2nd & Rerefer |
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11/16/2010 F Read 2nd & Rerefer |
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2.
11/23/2010 CO PH Read 2nd & Rereferred; R, TEU, F |
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BILL SUMMARY Amendment
updates name of federal agency, allows for technical changes, and provides
for a revised agreement. AMEND/APPROVE 5 - 0 |
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13. 2010-847 |
ORD
Apv Greater Arlington/Beaches Vision Plan to provide Guidance re all Dev
& Redev within Planning Dist 2; Auth Planning & Dev Dept Authority to
Interpret the Plan & is to Maintain Plan on Dept's Website. (Reingold)
(Req of Mayor) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 11/23/10 |
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1.
11/9/2010 CO Introduced: R,RCD,LUZ |
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11/15/2010 RCD Read 2nd &
Rerefer; 11/15/2010 R Read 2nd &
Rerefer |
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11/16/2010 LUZ Read 2nd & Rerefer |
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2.
11/23/2010 CO PH Read 2nd & Rereferred; R, RCD, LUZ |
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BILL SUMMARY APPROVE 5 - 0 |
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14. 2010-848 |
RESO
Appt Michelle M Tappouni as Member of Environmental Protection Bd, Replacing
Lucille Cortese as a Discreet Citizen as Gen Public Rep for 1st Full Term exp
9/30/14. (Welsh) (Introduced by C/P Webb) |
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1.
11/9/2010 CO Introduced: R |
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11/15/2010 R Read 2nd & Rerefer |
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2.
11/23/2010 CO Read 2nd & Rereferred; R |
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APPROVE 5 - 0 |
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15. 2010-849 |
RESO
Reappt Barbara G Jaffe as Member of Jax Police & Fire Pension Bd of
Trustees for a 4-Yr Term exp 12/1/14. (Welsh) (Introduced by C/P Webb) |
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1.
11/9/2010 CO Introduced: R |
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11/15/2010 R Read 2nd & Rerefer |
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2.
11/23/2010 CO Read 2nd & Rereferred; R |
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Mr.
Dick Cohee addressed the committee in the absence of Ms. Jaffe. Concerns included her long tenure on the
board and the current status of the fund.
It was noted that she was not present, and questions were raised as to
whether she had attempted to contact all of the committee members. Motion to approve failed of passage on a vote of 2-3 (Bishop, Crescimbeni,
Yarborough). Upon
RECONSIDERATION, motion to approve failed of passage on a vote of 2-4
(Bishop, Crescimbeni, Webb, Yarborough), with Council President Webb voting so
as to provide a committee report rather than a deferral. Recommendation
to DENY will be forwarded to
Council pursuant to Council Rules. |
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16. 2010-852 |
ORD-MC
Amend Sec 106.107 (Emerg Rsv Policy & Fund), Ord Code, to Estab Purpose
of Emerg Rsv to address Unanticipated Non-Reimbursed Expenditures due to
Major Weather Related Events &/or other Massive Infrastructure Failures
or other Disasters; Provide that under Normal Circumstances, City to Utilize
the Operating Rsv before use of Emerg Rsv; Require Reimbursemts to City for
funds Expended from Emerg Rsv are deemed Approp back into Emerg Rsv. (Rohan)
(Req of Mayor) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 11/23/10 |
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1.
11/9/2010 CO Introduced: R,F,PHS |
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11/15/2010 R Read 2nd & Rerefer |
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11/16/2010 PHS Read 2nd &
Rerefer; 11/16/2010 F Read 2nd &
Rerefer |
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2.
11/23/2010 CO PH Read 2nd & Rereferred; R,F, PHS |
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BILL SUMMARY APPROVE 5 - 0 |
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17. 2010-853 |
ORD
Approp $150,500 from Spec Law Enforcemt Trust Fund to Police Athletic League
of Jacksonville, Inc ($65,000), Hubbard House, Inc ($10,000), Character
Counts! In Jacksonville, Inc ($7,500), Metro Kids Konnection, Inc ($10,000),
The Masonic Charities of Florida, Inc ($10,000), M.A.D D.A.D.S., Jacksonville Chapter, Inc
($10,000), Project S.O.S., Inc ($10,000) & First Coast Crime Stoppers,
Inc ($28,000). (BT 11-014) (McCain) (Req of Sheriff) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 11/23/10 |
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1.
11/9/2010 CO Introduced: R,F,PHS |
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11/15/2010 R Read 2nd & Rerefer |
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11/16/2010 PHS Read 2nd &
Rerefer; 11/16/2010 F Read 2nd &
Rerefer |
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2.
11/23/2010 CO PH Read 2nd & Rereferred; R, F, PHS |
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BILL SUMMARY Amendment
places revised contracts on file, includes funding for Justice Coalition, and
allows up-front payment rather than reimbursement. AMEND/APPROVE 5 - 0 |
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18. 2010-855 |
ORD
Auth Amend #1 to Interlocal Agreemt with Town of Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 11/23/10 |
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1.
11/9/2010 CO Introduced: R,RCD,F,PHS |
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11/15/2010 RCD Read 2nd &
Rerefer; 11/15/2010 R Read 2nd &
Rerefer |
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11/16/2010 PHS Read 2nd &
Rerefer; 11/16/2010 F Read 2nd &
Rerefer |
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2.
11/23/2010 CO PH Read 2nd & Rereferred; R, RCD, F, PHS |
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BILL SUMMARY DEFER |
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19. 2010-856 |
ORD-MC
Amend Chapt 250, Ord Code, Prohibiting Location of a Vendor's Vending Cart,
Display Device, or Accessory Container within 1 mile of Propty Line of a
Permanent Business selling Same Types of Products. (Sidman) (Introduced by
C/P Webb; Co-Sponsored by C/M Joost, C/M Holt) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 11/23/10 |
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1.
11/9/2010 CO Introduced: R,RCD |
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11/15/2010 RCD Read 2nd &
Rerefer; 11/15/2010 R Read 2nd &
Rerefer |
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2.
11/23/2010 CO PH Read 2nd & Rereferred; R, RCD |
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BILL SUMMARY Legislation
is to be additionally referred to the LUZ Committee, and a joint meeting of
all the committees of reference is to be scheduled. DEFER |
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20. 2010-861 |
RESO
Conf Reappt of M.G. Orender as Member of Comcast Settlemt Community Panel for
5th Term exp 12/31/11. (Welsh) (Introduced by C/P Webb) |
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1.
11/23/2010 CO Introduced: R |
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READ 2ND &
REREFER |
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21. 2010-862 |
RESO
Reappt Brad King as Member of Jax Housing & Community Dev Comm as
Residential Home Bldg Industry Rep for 2nd Term exp 11/30/14. (Welsh)
(Introduced by C/P Webb) |
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1.
11/23/2010 CO Introduced: R |
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READ 2ND &
REREFER |
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22. 2010-863 |
RESO
Reappt Christian W "Kip" Kuhn as Member of Bldg Codes Adjustmt Bd
for 2nd Term exp 9/30/13. (Welsh) (Introduced by C/P Webb) |
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1.
11/23/2010 CO Introduced: R |
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READ 2ND &
REREFER |
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23. 2010-864 |
RESO
Commemorating 75th Anniversary of Duval County Agricultural Canning Ctr. ( |
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1.
11/23/2010 CO Introduced: R |
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BILL SUMMARY APPROVE 5 - 0 |
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24. 2010-865 |
ORD
Estab 2011-2012 Priority Populations for Public Svc Grant Approp, Pursuant to
Sec 118.805 (Eligibility Qualifications for Public Svc Grants), Ord Code.
(Hodges) (Introduced by C/P Webb) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 12/14/10 |
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1.
11/23/2010 CO Introduced: R,F |
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BILL SUMMARY READ 2ND &
REREFER |
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25. 2010-867 |
ORD
Approp $200,000 from & Auth Agreemt with Enterprise Florida, Inc to
Target Willing Sellers of Land-Use Easemts within the AICUZ of Outlying Field
Whitehouse; Auth Funds Carryover to Future FY's. (BT 11-016) (McCain) (Req of
Mayor) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 12/14/10 |
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1.
11/23/2010 CO Introduced: R,RCD,F,LUZ |
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BILL SUMMARY READ 2ND &
REREFER |
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26. 2010-873 |
ORD
Revising the Carryover Language in var Dept of Housing & Neighborhoods
Approp Ord from 2004 thru 2010 to Prevent Lapse of Funding due to Language
that does Not Provide Yr to Yr Carryovers. (McCain) (Req of Mayor) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 12/14/10 |
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1.
11/23/2010 CO Introduced: R,RCD,F |
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BILL SUMMARY READ 2ND &
REREFER |
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27. 2010-884 |
ORD
Approp $40,000 from Environmental Protection Fund (EPF) for Environmental
Protection Bd to fund a Low Impact Dev (LID) Design Competition using Hemming
Plaza as a Test Case with $15,000 for Awards ($7,500 - 1st place, $5,000 -
2nd, $2,500 -3rd) & $25,000 for Publicity ($5,000 to Initiate
Competition, $10,000 for Award Ceremony & $10,000 for Publicity of
Winners; Waive Conflicting Provisions of Secs 111.755 (EPF) & 360.602
(Uses of Fund), Ord Code; Auth Funds Carryover to FY 2011-2012; Designate
Oversight by Environmental & Compliance Dept. (BT 11-021) (McCain) (Req
of Mayor) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 12/14/10 |
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1.
11/23/2010 CO Introduced: R,TEU,F |
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BILL SUMMARY READ 2ND &
REREFER |
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28. 2010-887 |
RESO
Conf Appt of John Donahoo, III as Chairperson of the Public Svc Grant Council
for 1st Full Term exp 3/31/11. (Sidman) (Req of Mayor) |
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1.
11/23/2010 CO Introduced: R |
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BILL SUMMARY READ 2ND &
REREFER |
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29. 2010-888 |
ORD
Approp $1,375,184 ($1,000,000 from U.S. Dept of Health & Human Svcs,
$200,000 from Family Support Svcs & $30,000 from Early Learning Coalition
of Duval County) for Fostering Children's Mental Health Initiative Prog, a
Substance Abuse & Mental Health Svcs Admin Grant to Build a Network of
Community Resources into a Youth & Family Driven Care System; Auth Funds
Carryover to Subsequent FY's; Apv Temp Hrs; Request Emerg Apv. (BT 11-019)
(RC 11-048) (McCain) (Req of Mayor) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 12/14/10 |
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1.
11/23/2010 CO Introduced: R,F,PHS |
Concerns included the City’s future obligation and the
request for emergency action. Individual
members may have noticed meetings this week to address the issues.
BILL SUMMARY
READ 2ND
& REREFER
Ms. Sherry Hall advised the committee that a proposed emergency resolution will be introduced at the next City Council meeting to revise the Duval County Comprehensive Emergency Management Plan. Discussion included the need to have approval by January 5, 2011, and it was stated that this was for accreditation only. The committee was advised that no further action today was needed.
Mr. Joe Andrews stated his opposition to 10-856 (vending).
Mr. John Nooney stated his opposition to 10-884 (LID design competition) and 10-856 (vending).
Ms. Dawn Holder expressed concerns with 10-795 (agreement with Twin Hills Civic Association), and 10-849 (appointment of Barbara Jaffe). She noted her support for 10-814 (J-4; transparency in government).
Mr. Rod Morrill stated that proposals for 10-695 (alternative formula for fair share assessment contracts) were not a true formula. On other legislation, he reiterated Ms. Holder’s comments, and further expressed concern with 10-853 (appropriation of Special Law Enforcement Trust Fund monies).
Mr. Curtis Lee stated that he would gladly meet with any committee members to answer pension-related questions, adding that the Police and Fire Pension Board of Trustees needs an independent voice.
Mr. Chris Trad noted the problems with agricultural vendors and the affects on garden centers, advising that the intent of 10-856 (vending) is to address such issues.
The meeting was adjourned at 12:57 p.m.
Rick Campbell, Research Assistant
(904) 630-1679
Posted 12.07.10
12:00 p.m.