OFFICE  OF  CITY  COUNCIL

RESEARCH  DIVISION

 

RULES COMMITTEE MINUTES

November 1, 2010

10:00 a.m.

 

Council Chamber

First Floor, City Hall

117 West Duval Street

 

 

 

Attendance:  Committee Chair Denise Lee; Committee Members Stephen Joost (excused), William Bishop, Richard Clark, John Crescimbeni, Art Shad, and Clay Yarborough; Council Member Glorious Johnson; Janice Billy and Sean Costigan, Office of Council Auditor; Steve Rohan and Peggy Sidman, Office of General Counsel; Juliette Williams and Rick Campbell, Office of City Council; Sherry Hall, Office of the Mayor

 

The  Committee Chair, Denise Lee, called the meeting to order at 10:10 a.m., and the committee took the following actions:

 

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)

 

1. 5/11/2010 CO  Introduced: R,PHS

 

    5/17/2010 PHS Read 2nd & Rerefer;    5/17/2010 R Read 2nd & Rerefer

 

2. 5/25/2010 CO Read 2nd & Rereferred; R, PHS

 

 

 

BILL SUMMARY

 

DEFER

 

2.  2010-679

ORD-MC Amend Sec 126.111(b) (Certification of Pymt by Contractor), Ord Code, to Correct the Dept Name; Amend Sec 126.111(c) (Pymt of City Contracts) to Require Joint Pymt of Contractors & Subcontractors when Provisions of Sec 18.11 of City Charter are Waived. (Rohan) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 9/14/10

 

1. 8/24/2010 CO  Introduced: R,F

 

    9/7/2010 R Read 2nd & Rerefer

 

    9/8/2010 F Read 2nd & Rerefer

 

2. 9/14/2010 CO PH Read 2nd & Rereferred; R, F

 

 

BILL SUMMARY

 

DEFER

 

 

3.  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 Davis)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 9/14/10

 

1. 8/24/2010 CO  Introduced: R,TEU,F

 

    9/7/2010 R Read 2nd & Rerefer;    9/7/2010 TEU Read 2nd & Rerefer

 

    9/8/2010 F Read 2nd & Rerefer

 

2. 9/14/2010 CO PH Read 2nd & Rereferred; R, TEU, F

 

 

BILL SUMMARY

 

DEFER

 

4.  2010-731

RESO Conf Appt of Christina Denise Stallings to Library Bd of Trustees, as an At-Large Rep Pursuant to Chapt 90, Ord Code, for Partial Term to Exp 7/15/11 & 1st Full Term to Exp 7/15/15. (Sidman) (Req of Mayor)

 

1. 9/14/2010 CO  Introduced: R

 

    9/20/2010 R Read 2nd & Rerefer

 

2. 9/28/2010 CO Read 2nd & Rereferred; R

 

    10/18/2010 R Sub/Rerefer 4-0

 

3. 10/26/2010 CO SUBSTITUTE/ Rerefer; R

 

 

BILL SUMMARY

 

APPROVE 6 - 0

 

5.  2010-737

RESO Appt Marcus C Rowe as Member of the Early Learning Coalition of Duval, Replacing Jarik E Conrad, for 1st Term exp 6/30/14. (Welsh) (Introduced by C/P Webb)

 

1. 9/14/2010 CO  Introduced: R

 

    9/20/2010 R Read 2nd & Rerefer

 

2. 9/28/2010 CO Read 2nd & Rereferred; R

 

 

BILL SUMMARY

 

APPROVE 6 - 0

 

6.  2010-742

ORD Approp $100,000 from Environmental Protection Fund to the Planning & Dev Dept to Create a Low Impact Dev Design Manual; Waive Secs 111.755 (Environmental Protection Fund) & 360.602 (Uses of Fund), Ord Code; Designate Oversight by Plan & Dev Dept. (BT 10-134) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/12/10

 

1. 9/28/2010 CO  Introduced: R,TEU,F

 

    10/4/2010 TEU Read 2nd & Rerefer;    10/4/2010 R Read 2nd & Rerefer

 

    10/5/2010 F Read 2nd & Rerefer

 

2. 10/12/2010 CO PH Read 2nd & Rereferred; R, TEU, F

 

 

BILL SUMMARY

 

Discussion included such areas of concern as whether other counties with manuals had been consulted, frequent Ordinance Code waivers involving use of the Environmental Protection Fund, and development of this manual without input or financial support from area counties which could benefit from this effort.

 

The proposed amendment changes the appropriation fiscal year from 2009-2010 to 2010-2011.

 

AMEND/APPROVE 6 - 0

7.  2010-750

ORD Approp $1,706,647.33 Continuation Grant to Allocate $800,000 from Loan Repymts to fund Addnl Downpymt Assistance & Reallocate $906,647.33 Prog Funds Previously Designated to that Activity to now fund the NorthPointe Villages Proj; Auth Funds Carryover to FY 2010-2011. (BT 10-171) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/12/10

 

1. 9/28/2010 CO  Introduced: F,RCD,R

 

    10/4/2010 RCD Read 2nd & Rerefer;    10/4/2010 R Read 2nd & Rerefer

 

    10/5/2010 F Read 2nd & Rerefer

 

2. 10/12/2010 CO PH Read 2nd & Rereferred; F, RCD, R

 

    10/18/2010 RCD Approve 4-1 (Yarborough)

 

    10/19/2010 F Approve 5-0

 

 

BILL SUMMARY

 

APPROVE 5 – 1 (Yarborough)

 

8.  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

 

1. 9/28/2010 CO  Introduced: F,PHS,R

 

    10/4/2010 R Read 2nd & Rerefer

 

    10/5/2010 PHS Read 2nd & Rerefer;    10/5/2010 F Read 2nd & Rerefer

 

2. 10/12/2010 CO PH Read 2nd & Rereferred; F, PHS, R

 

 

BILL SUMMARY

 

DEFER

 

9.  2010-768

ORD auth Redev Agreemt & Allocation of Dev Rights Agreemt among City, JEDC & Main Street Development, Inc re a 4,392 Sq Ft Retail Space Downtown; Designate Oversight by JEDC. (Rowland) (Req of JEDC)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/12/10

 

1. 9/28/2010 CO  Introduced: RCD,F,R

 

    10/4/2010 RCD Read 2nd & Rerefer;    10/4/2010 R Read 2nd & Rerefer

 

    10/5/2010 F Read 2nd & Rerefer

 

2. 10/12/2010 CO PH Read 2nd & Rereferred; RCD, F, R

 

 

BILL SUMMARY

 

APPROVE 6 - 0

 

10.  2010-771

RESO Conf Appt of Lieu Rhodes to Jax Housing Auth as a Resident Rep, Replacing Josephine A Brooks for 1st Full Term exp 9/16/13. (Sidman) (Req of Mayor)

 

1. 9/28/2010 CO  Introduced: R

 

    10/4/2010 R Read 2nd & Rerefer

 

2. 10/12/2010 CO Read 2nd & Rereferred; R

 

 

BILL SUMMARY

 

APPROVE 6 - 0

 

 

11.  2010-779

ORD-MC Amend Secs 320.408 (Permits) & 320.409 (Schedule of Permit Fees), Ord Code, to Correct Inequities in Fee Permit Changes created by Ord 2010-216-E. (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/26/10

 

1. 10/12/2010 CO  Introduced: R,F,PHS

 

    10/18/2010 R Read 2nd & Rerefer

 

    10/19/2010 PHS Read 2nd & Rerefer;    10/19/2010 F Read 2nd & Rerefer

 

2. 10/26/2010 CO PH Read 2nd & Rereferred; R, F, PHS

 

 

BILL SUMMARY

 

APPROVE 6 - 0

 

12.  2010-780

ORD Auth Economic Dev Agreemt with MPS Group, Inc to Support Expansion of Operations in Jax; Recommend Apvl by Fla Ofc of Tourism, Trade & Economic Dev as a QTI Business; Commit $60,000 Local Financial Support under QTI Tax Refund Prog with State Match of $240,000, a Total of $300,000 for 100 Jobs; Designate Oversight by JEDC; Timeline for Execution of Agreemt by MPS. (Rowland) (Req of JEDC)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/26/10

 

1. 10/12/2010 CO  Introduced: R,F,RCD

 

    10/18/2010 RCD Read 2nd & Rerefer;    10/18/2010 R Read 2nd & Rerefer

 

    10/19/2010 F Read 2nd & Rerefer

 

2. 10/26/2010 CO PH Read 2nd & Rereferred; R, F, RCD

 

 

BILL SUMMARY

 

Discussion included the payout and commitment.  It was noted that there is much effort to enhance downtown, but this appears to reward a company for leaving the downtown area.

 

The proposed amendment attaches a Revised Exhibit 1 (project summary).

 

AMEND/APPROVE 5 – 1 (Yarborough)

 

13.  2010-786

RESO Conf Appt of Hastings Williams as Chief of Fire Prevention Div of Jax Fire & Rescue Dept. (McCain) (Req of Mayor)

 

1. 10/12/2010 CO  Introduced: R

 

    10/18/2010 R Read 2nd & Rerefer

 

2. 10/26/2010 CO Read 2nd & Rereferred; R

 

 

BILL SUMMARY

 

Questions for the appointee included prior service and retirement, DROP participation, and pension.  Deferral was requested to allow committee members to address these potentially sensitive issues.

 

DEFER

 

14.  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)

 

1. 10/12/2010 CO  Introduced: R

 

    10/18/2010 R Read 2nd & Rerefer

 

2. 10/26/2010 CO Read 2nd & Rereferred; R

 

 

BILL SUMMARY

 

Committee members expressed concerns with the attendance record.

 

DEFER

 

 

15.  2010-788

RESO Reappt Steven M Blumberg as Member of Health Planning Council of Northeast Florida, Inc as a "Provider" for 2nd Term exp 9/30/12. (Welsh) (Introduced by C/P Webb)

 

1. 10/12/2010 CO  Introduced: R

 

    10/18/2010 R Read 2nd & Rerefer

 

2. 10/26/2010 CO Read 2nd & Rereferred; R

 

 

BILL SUMMARY

 

APPROVE 6 - 0

 

16.  2010-789

RESO Appt Ronnie Fussell as Member of Duval County Tourist Dev Council, Replacing Daniel Davis for Unexp Term exp 6/30/12. (Welsh) (Introduced by C/P Webb)

 

1. 10/12/2010 CO  Introduced: R

 

    10/18/2010 R Read 2nd & Rerefer

 

2. 10/26/2010 CO Read 2nd & Rereferred; R

 

 

BILL SUMMARY

 

APPROVE 6 - 0

 

17.  2010-792

RESO Declaring Vacancy in Council Dist 12 & to be Filled by Consolidated Govt Elections on 3/22/11 & 5/7/11; Winner to Assume Ofc upon Election Certification. (Sidman) (Req of Supv of Elections)

 

1. 10/12/2010 CO  Introduced: R

 

    10/18/2010 R Read 2nd & Rerefer

 

2. 10/26/2010 CO Read 2nd & Rereferred; R

 

 

BILL SUMMARY

 

The proposed amendment reflects the second election date of May 17, corrects Charter reference, and attaches letter of resignation.

 

AMEND/APPROVE 6 - 0

 

18.  2010-793

RESO Conf Appt of John Allmand to Jax Historic Preservation Comm, Replacing Jerry L Friley, III for 1st Full Term exp 3/4/13. (Sidman) (Req of Mayor)

 

1. 10/12/2010 CO  Introduced: R

 

    10/18/2010 R Read 2nd & Rerefer

 

2. 10/26/2010 CO Read 2nd & Rereferred; R

 

 

BILL SUMMARY

 

APPROVE 6 - 0

 

19.  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

 

1. 10/12/2010 CO  Introduced: R,RCD,F

 

    10/18/2010 RCD Read 2nd & Rerefer;    10/18/2010 R Read 2nd & Rerefer

 

    10/19/2010 F Read 2nd & Rerefer

 

2. 10/26/2010 CO PH Read 2nd & Rereferred; R, RCD, F

 

 

BILL SUMMARY

 

Questions were raised concerning City involvement on property not owned by the City.  Interested committee members will meet with staff to discuss the issue.

 

DEFER

 

 

20.  2010-797

RESO Conf Appt of David C Hodges to Jax Housing Authority, Replacing Edward W Lane, III for 1st Full Term exp 9/16/14. (Sidman) (Req of Mayor)

 

1. 10/12/2010 CO  Introduced: R

 

    10/18/2010 R Read 2nd & Rerefer

 

2. 10/26/2010 CO Read 2nd & Rereferred; R

 

 

BILL SUMMARY

 

APPROVE  6 - 0

 

21.  2010-802

ORD Approp $800,000 to Restore Funding to the Jax Commitmt Scholarship Prog which was placed Below the Line in a Contingency Acct during FY 2011 Budget Apv Process in Ord 2010-557-E. (BT 11-010) (McCain) (Introduced by C/M Corrigan, Sponsored by C/M Hyde, Shad, Fussell, R. Brown, Jones)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/26/10

 

1. 10/12/2010 CO  Introduced: R,F

 

    10/18/2010 R Read 2nd & Rerefer

 

    10/19/2010 F Read 2nd & Rerefer

 

2. 10/26/2010 CO PH Read 2nd & Rereferred; R, F

 

 

BILL SUMMARY

 

Discussion included any expectations of future City funding, whether this is a core function for involvement by local government, use of private donations, and the lack of a work/study component.  It was explained that these dollars are used to leverage other funds for students who otherwise would not be able to attend college.

 

The proposed amendment deletes reference to B.T.

 

AMEND/APPROVE  4 – 2 (Yarborough/Bishop)

 

22.  2010-809

RESO Appt Terry R Wood as Member of Jax Retiremt System Bd of Trustees, Replacing Rick Coram as a Citizen Trustee for 1st Term exp 10/22/13. (Welsh) (Introduced by C/M Webb)

 

1. 10/26/2010 CO  Introduced: R

 

 

BILL SUMMARY

 

READ 2ND & REREFER

 

23.  2010-810

RESO Reappt Gordon H Touchton as Member of Jax-Duval County Council on Elder Affairs as Council Dist 4 Rep for 2nd Term exp 6/30/12. (Welsh) (Introduced by C/M Redman)

 

1. 10/26/2010 CO  Introduced: R

 

 

BILL SUMMARY

 

APPROVE 6 - 0

 

24.  2010-812

RESO re Council's Support for Local Bill J-2 that Amends Article 22 (Jax Police & Fire Pension Bd of Trustees), City Charter, to Increase Bd's Authorization to Invest in Fixed Real Estate Assets from 10% to 25%. (Rohan) (R)

 

1. 10/26/2010 CO  Introduced: R

 

 

BILL SUMMARY

 

READ 2ND & REREFER

 

 

25.  2010-813

RESO re Council's Support for Local Bill J-3 that Amends Chapt 87-471, Laws of Fla, to Estab a Spec "Urban Transition Area" in Riverside; Providing Exceptions for Space & Seating Requiremts for Liquor Licenses for Restaurants. (Introduced by C/M Joost, Sponsored by C/M Jones)

 

1. 10/26/2010 CO  Introduced: R

 

 

BILL SUMMARY

 

READ 2ND & REREFER

 

26.  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)

 

1. 10/26/2010 CO  Introduced: R

 

 

BILL SUMMARY

 

READ 2ND & REREFER

 

27.  2010-815

RESO re Council's Support for Local Bill J-5 that Amends Article 6 (The Mayor), City Charter, to Amend Manner of Mayor's Veto Power; Making Scrivener's Changes, Providing for 2/3 Majority of C/M's Present to Override Veto & Provide only 5 Business Days for Mayor to Veto Legislation. (Req of Charter Revision Comm Recommendations Spec Comm)

 

1. 10/26/2010 CO  Introduced: R

 

 

BILL SUMMARY

 

READ 2ND & REREFER

 

28.  2010-816

RESO re Council's Support for Local Bill J-6 that Amends Article 1 (Govt), City Charter, to add New Chapt 2 (Ethics) to Estab Ethics Policy, Provide an Ethics Code, Ethics Comm & an Ethics Oversight & Compliance Ofc, Provide Admin Support & Move Ethics Education Provision of Charter from Sec 18.10 to Sec 1.205. (Rohan) (Introduced by C/M Crescimbeni)

 

1. 10/26/2010 CO  Introduced: R

 

 

BILL SUMMARY

 

C/M Glorious Johnson questioned the introduction of this legislation, which she indicated was similar to J-bill legislation she had been advised to withdraw so that the issue could be handled on a local level.  It was explained that concerns had arisen as to whether the City had the authority to make all of the proposed changes, and amendment of the Charter by the Legislature has been recommended in an abundance of caution.  It was further explained that when C/M Johnson was not immediately available to introduce the legislation, constituents asked C/M Crescimbeni to do it.

 

An amendment was proposed by C/M Crescimbeni to reflect introduction of the bill by both C/M Johnson and C/M Crescimbeni.

 

AMEND/READ 2ND & REREFER  6 - 0

 

 

29.  2010-818

RESO Appt H. James Newman as Member of Duval County Research & Dev Auth, Replacing Don Lester, for 1st Term exp 10/17/14. (Welsh) (Introduced by C/P Webb)

 

1. 10/26/2010 CO  Introduced: R

 

 

BILL SUMMARY

 

Appointee was not present and may not have been notified to be in attendance.

 

DEFER

 

30.  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)

 

1. 10/26/2010 CO  Introduced: R

 

 

BILL SUMMARY

 

READ 2ND & REREFER

 

31.  2010-820

RESO Appt Dr Jose Zayas as Member of Health Planning Council of Northeast Fla, Inc, Replacing Dr George Armstrong as a Provider for 2-Yr Term exp 9/30/12. (Welsh) (Introduced by C/P Webb)

 

1. 10/26/2010 CO  Introduced: R

 

 

BILL SUMMARY

 

READ 2ND & REREFER

 

32.  2010-821

RESO Conf Reappt of Mark S Wood, a Non-Resident, to Library Bd of Trustees as an At-Large Rep for 2nd Full Term exp 7/15/14. (Sidman) (Req of Mayor)

 

1. 10/26/2010 CO  Introduced: R

 

 

BILL SUMMARY

 

READ 2ND & REREFER

 

33.  2010-828

RESO Requesting U.S. Post Ofc Maintain Level of Svc at Cecil Commerce Ctr; Direct Forward of Copies to U.S. Postmaster & to the Fla Congressional Delegation to request Support. (Sidman) (Introduced by C/M Fussell)

 

1. 10/26/2010 CO  Introduced: R,RCD

 

 

BILL SUMMARY

 

READ 2ND & REREFER

 

34.  2010-829

RESO Conf Appt of Theodore J Wendler as Member of Taxation, Rev & Utilization of Expenditures Comm, Replacing Randall Deen for 1st Term exp 6/30/13. (Welsh) (Introduced by C/P Webb)

 

1. 10/26/2010 CO  Introduced: R

 

 

BILL SUMMARY

 

Appointee was not present and may not have been notified to be in attendance.

 

DEFER

 

35.  2010-831

RESO Conf Appt (Retroactive) of Janice Sendler Plucknett as Chief of Personnel Div in JSO. (Sidman) (Req of Sheriff)

 

1. 10/26/2010 CO  Introduced: R

 

 

BILL SUMMARY

 

READ 2ND & REREFER

36.  2010-832

RESO Conf Appt (Retroactive) of Jimmy Augustus Holderfield as Dir of Corrections in JSO. (Sidman) (Req of Sheriff)

 

1. 10/26/2010 CO  Introduced: R

 

 

BILL SUMMARY

 

READ 2ND & REREFER

 

37.  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

 

1. 10/26/2010 CO  Introduced: R,F,PHS

 

                             BILL SUMMARY

 

                             READ 2ND & REREFER

 

The meeting was adjourned at 11:45 a.m.

 

Rick Campbell, Research Assistant

(904) 630-1679

 

Posted 11.02.10

9:30 a.m.