TRANSPORTATION, ENERGY & UTILITIES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

September 07,2010

 

BILL BISHOP, CHAIR

 

CHERYL L. BROWN, COUNCIL SECRETARY/DIRECTOR

 

 

MINUTES OF THE REGULAR MEETING of the Council of the City of Jacksonville, held in Council Chambers, City Hall, Jacksonville, Florida, September 07,2010. The meeting was called to order at 2:00 P.M. by Committee Chair Bill Bishop.  The meeting adjourned at 3:30 P.M.

 

 

                      Members in Attendance:                                                    Staff Attendance:

                 

                     CM Bill Bishop, Chair                                                         Philip Zamarron, Legislative Aide

                     CM Michael Corrigan, Vice Chair - Excused                                                  

                      Stephen Joost                                                                 Steve Rohan, General Counsel

                      CM Kevin Hyde – Arrived 2:15                                               John Jackson, Chief of Research

                      CM John Crescimbeni                                                            Sherry Hall, Administration

                      CM Richard Clark                                                              Heather Norsworthy, Asst. Auditor

                                                                                                                  Laurie Kattreh, Planning Dept.

                                                       Stephen Smith, Planning Dept.

 

 

 

 

 

 

 

 

 

Others in Attendance:

 

James Boyle, Regional Transportation Planner

Suraya Teeple, Transportation Planning Mgr.

Scott Trebatoski, Chief of Animal Care & Control (10-527)

Bob Williams, Chief of Real Estate (10-607)

 

 

 

 

1.    2010-527   AN ORDINANCE CONCERNING ANIMAL CARE AND PROTECTIVE SERVICES (ACPS); AMENDING CHAPTER 111 (SPECIAL REVENUE AND TRUST ACCOUNTS), PART 4 (ADMINISTRATIVE PERSONNEL AND CODE REGULATION), SECTIONS 111.450 (SPAY AND NEUTER REBATE TRUST FUND) AND 111.455 (ANIMAL CARE AND CONTROL TRAINING AND VETERINARY SERVICES TRUST FUND), ORDINANCE CODE, TO PROVIDE MORE PARTICULARLY FOR THE DISPOSITION OF LICENSE FEES; AMENDING CHAPTER 111 (SPECIAL REVENUE AND TRUST ACCOUNTS), PART 4 (ADMINISTRATIVE PERSONNEL AND CODE REGULATION), TO CREATE A NEW SECTION 111.456 (ANIMAL CARE AND PROTECTIVE SERVICES TRAINING AND CRUELTY PREVENTION TRUST FUND), ORDINANCE CODE, TO PROVIDE FUNDS FOR TRAINING, EDUCATIONAL MATERIALS, EQUIPMENT AND RELATED COSTS; AMENDING CHAPTER 462 (ANIMALS), PART 1 (GENERAL), SECTIONS 462.102 (DEFINITIONS), 462.103 (ADMINISTRATION AND ENFORCEMENT), 462.104 (AUTHORITY TO ENTER PRIVATE PROPERTY), 462.105 (INTERFERENCE WITH PERFORMANCE OF DUTIES), 462.106 (PROCEDURES), AND 462.108 (CIVIL PENALTIES), ORDINANCE CODE, TO MODIFY DEFINITIONS, PROVIDE FOR ENFORCEMENT OF MUNICIPAL AND STATE LAWS RELATING TO ANIMAL CARE OR CRUELTY, PLACE ADDITIONAL CONDITIONS ON AUTHORITY OF ACPS TO ENTER PRIVATE PROPERTY, ADD TO LIST OF ACTIONS CONSTITUTING INTERFERENCE WITH PERFORMANCE OF DUTIES, PRESCRIBE PROCEDURES, AND SET FORTH PENALTIES FOR VARIOUS VIOLATIONS; AMENDING CHAPTER 462 (ANIMALS), PART 2 (CRUELTY TO OR NEGLECTING ANIMALS), SECTIONS 462.201 (CRUELTY TO ANIMALS DEFINED GENERALLY), 462.202 (EXEMPTIONS), 462.203 (NEGLECTING OR ABANDONING ANIMALS), 462.204 (RESTRAINT BY CHAINING), 462.205 (DOG FIGHTING AND OTHER ANIMAL FIGHTING), 462.207 (ARTIFICIAL COLORING OF ANIMALS), 462.208 (SALE OF YOUNG ANIMALS FOR CERTAIN PURPOSES PROHIBITED), 462.209 (CITATION) AND 462.210 (TAKING CUSTODY OF MISTREATED ANIMALS) TO PROVIDE FOR THE DEPOSIT OF ALL FINES FROM VIOLATIONS OF PART 2 INTO THE CRUELTY PREVENTION TRUST FUND, FURTHER DEFINE THE NEGLECTING OR ABANDONING OF ANIMALS, ADD CONDITIONS TO RESTRAINT OF ANIMALS BY CHAINING, AUTHORIZE ANIMAL CONTROL OFFICERS TO REMOVE AN ANIMAL FROM CHAINS AND TAKE THE ANIMAL TO THE SHELTER, INCLUDE THE POSSESSION OF ANIMAL FIGHTING PARAPHERNALIA AS A VIOLATION OF SECTION 462.205 AND SET FORTH THE CIVIL FINE THEREFOR, PROHIBIT CERTAIN ACTIVITIES WITH RESPECT TO ARTIFICIALLY COLORED ANIMALS AND SET FORTH THE CIVIL FINE THEREFOR, PROHIBIT THE SALE OF YOUNG ANIMALS FOR CERTAIN PURPOSES, ESTABLISH GROUNDS FOR CITATIONS, AND PRESCRIBE PROCEDURES WITH RESPECT TO MISTREATED ANIMALS; AMENDING CHAPTER 462 (ANIMALS), PART 3 (NUISANCES), SECTIONS 462.301 (GENERAL), 462.302 (NOISE), 462.303 (ANIMALS AT-LARGE PROHIBITED), 462.304 (HABITUAL NUISANCE), 462.305 (DESTRUCTION OF PROPERTY AND BITING), 462.306 (CUSTODY OF RACING DOGS), 462.307 (REQUIREMENT TO CONFINE FEMALE DOG OR CAT IN HEAT), 462.308 (INJURY TO ANIMALS BY MOTOR VEHICLES; REPORTING REQUIREMENT), 462.309 (STERILIZATION OF DOGS AND CATS), 462.310 (ADDITIONAL PENALTY FOR DOGS AND CATS NOT SPAYED OR NEUTERED), 462.311 (DISEASED ANIMALS WITHIN THE CITY), 462.312 (TESTING AND DESTRUCTION OF CONTAMINATED TURTLES), 462.313 (RABIES QUARANTINE AREA, RABIES ALERT OR RESTRICTION OF INFECTIOUS ANIMALS), 462.315 (PROCEDURE FOR ANIMAL BITES AND FOR ANIMALS SUSPECTED OF HAVING RABIES) AND 462.316 (PENALTY), TO ADD ADDITIONAL CIRCUMSTANCES CONSTITUTING ANIMAL NUISANCE, FURTHER DEFINE BEHAVIOR CONSTITUTING PERSISTENT OR CONTINUOUS NOISE, LIMIT THE CIVIL FINE FOR NOISE VIOLATIONS TO $500, HOLD PERSONS HAVING TEMPORARY CUSTODY OF DOGS OR CATS LIABLE FOR FAILING TO RESTRAIN AN ANIMAL FROM BEING AT LARGE, LIMIT THE CIVIL FINE FOR AT-LARGE ANIMALS TO $500, LIMIT THE CIVIL FINE FOR HABITUAL NUISANCE TO $500, HOLD PERSONS HAVING TEMPORARY CUSTODY OF DOGS OR CATS LIABLE FOR DESTRUCTION OF PROPERTY AND BITING, LIMIT THE CIVIL FINE FOR FAILURE TO CONFINE A FEMALE DOG OR CAT IN HEAT TO $500, HOLD PERSONS HAVING TEMPORARY CUSTODY OF DOGS OR CATS LIABLE FOR FAILURE TO CONFINE A FEMALE DOG OR CAT IN HEAT, PROVIDE FOR STERILIZATION OF ANIMALS IMPOUNDED UNDER SECTION 462.306, LIMIT THE CIVIL FINE FOR FAILURE TO REPORT INJURY TO ANIMALS BY MOTOR VEHICLES TO $500, PROVIDE FOR FORFEITURE OF DEPOSIT FOR STERILIZATION AFTER 31 DAYS, ASSESS ADDITIONAL FINE FOR AT-LARGE ANIMALS NOT SPAYED OR NEUTERED, DELETE PROVISIONS FOR TESTING AND DESTRUCTION OF CONTAMINATED TURTLES, ESTABLISH RULES FOR FEEDING OF CATS AND DOGS OUTDOORS, PROVIDE FOR COMMUNITY CAT MANAGEMENT INITIATIVES, AND INCORPORATE PROVISIONS OF FLORIDA ADMINISTRATIVE CODE CHAPTER 64D-3; AMENDING CHAPTER 462 (ANIMALS), PART 4 (DANGEROUS DOGS), SECTIONS 462.402 (DEFINITIONS), 462.404 (CLASSIFICATION OF DOG AS DANGEROUS; NOTICE AND HEARING REQUIREMENTS; CONFINEMENT OF DOG; APPEAL; REGISTRATION REQUIREMENTS), 462.405 (PROPER ENCLOSURE), 462.406 (INSURANCE), 462.407 (DANGEROUS DOG OUTSIDE OF PROPER ENCLOSURE; OUTSIDE OF PRIMARY ENCLOSURE), 462.408 (REQUIRED NOTIFICATION CONCERNING DANGEROUS DOG), 462.409 (ATTACK OR BITE BY DANGEROUS DOG; IMPOUNDMENT; DESTRUCTION), 462.410 (SEVERE INJURY BY DOG; IMPOUNDMENT; DESTRUCTION), AND 462.412 (VIOLATION OF THIS PART), TO EXPAND DEFINITION OF SEVERE INJURY, SET A DEADLINE FOR FILING OF AFFIDAVIT FROM PERSON DESIRING TO HAVE A DOG CLASSIFIED AS DANGEROUS, ESTABLISH $500 CIVIL FINE FOR FAILURE TO SURRENDER DOG THAT IS THE SUBJECT OF A DANGEROUS DOG INVESTIGATION, PROVIDE FOR APPEALS, PROVIDE FOR BOARDING OF POTENTIALLY DANGEROUS DOG, PROVIDE FOR NOTICES FOLLOWING DANGEROUS DOG INVESTIGATION, DEFINE PROPER ENCLOSURE FOR DANGEROUS DOGS, CLARIFY INSURANCE REQUIREMENTS FOR DANGEROUS DOGS, PROHIBIT SALE OR GIVING AWAY OF DOG DETERMINED TO BE DANGEROUS, REQUIRE ADVANCE PAYMENT BY OWNER OF IMPOUNDMENT COSTS IN CASES OF INJURIES CAUSED BY DOG, AND ELIMINATING POSSIBILITY OF REDEMPTION OF DANGEROUS DOG BY OWNER; AMENDING CHAPTER 462 (ANIMALS), PART 4 (DANGEROUS DOGS), TO CREATE NEW SECTIONS 462.413 (DESIGNATING POTENTIALLY DANGEROUS DOGS) AND 462.414 (FINES & FEES), ORDINANCE CODE, TO ALLOW FOR DESIGNATION OF DOG AS POTENTIALLY DANGEROUS AND REQUIRE ALL FINES AND FEES COLLECTED UNDER PART 4 TO BE DEPOSITED INTO THE ACPS TRAINING AND ANIMAL CRUELTY PREVENTION TRUST FUND; AMENDING CHAPTER 462 (ANIMALS), PART 5 (VACCINATION, REGISTRATION AND LICENSING OF ANIMALS), SECTIONS 462.501 (DEFINITIONS), 462.502 (VACCINATION, REGISTRATION AND LICENSING REQUIRED), 462.503 (DISPLAY OF CITY LICENSE TAGS), AND 462.504 (EXEMPTIONS) TO REFINE THE DEFINITION OF VACCINATION, ADD CONDITIONS TO VACCINATION, REGISTRATION AND LICENSING REQUIREMENTS, PROVIDE FOR DISTRIBUTION OF LICENSING FEES, PROVIDE EXEMPTION FROM VISIBLE TAG REQUIREMENT WHEN ANIMAL HAS COMPLIED WITH RADIO FREQUENCY IDENTIFICATION DEVICE (RFID) REQUIREMENTS, AND REQUIRE PAYMENT OF REGISTRATION FEE EVEN IF ANIMAL CANNOT BE VACCINATED FOR RABIES; AMENDING CHAPTER 462 (ANIMALS), PART 6 (IMPOUNDMENT, SURRENDER, REDEMPTION AND ADOPTION), SECTIONS 462.601 (IMPOUNDING OF ANIMALS), 462.602 (NOTICE TO OWNER OF IMPOUNDMENT), 462.603 (REDEMPTION BY OWNER), 462.604 (VOLUNTARY SURRENDER BY OWNER), 462.605 (ADOPTION), 462.606 (PROPER IDENTIFICATION AND ADDRESS VERIFICATION), 462.607 (RABIES VACCINATION REQUIRED), 462.608 (STERILIZATION), 462.609 (CONDITIONS PREVENTING REDEMPTION OR ADOPTION), 462.610 (DISPOSITION OF UNREDEEMED AND SURRENDERED ANIMALS), AND 462.611 (INVOLUNTARY SHELTERING), PART 6 (IMPOUNDMENT, SURRENDER, REDEMPTION AND ADOPTION), TO ESTABLISH HOLDING PERIODS, PROVIDE FOR DISPOSITION OF ANIMALS VOLUNTARILY SURRENDERED BY OWNERS, PROVIDE ADDITIONAL REQUIREMENTS FOR STERILIZATION, REQUIRE EXPEDITIOUS AND HUMANE EUTHANIZATION OF CERTAIN ANIMALS AND DELETE IN ITS ENTIRETY SECTION 462.611 (INVOLUNTARY SHELTERING); AMENDING CHAPTER 462 (ANIMALS), PART 7 (PROGRAMS), SECTIONS 462.701 (ANIMAL CARE EDUCATION PROGRAM), 462.702 (ANIMAL ADOPTION PROGRAM), 462.703 (VETERINARIAN VOLUNTARY PROGRAM FOR THE SALE AND ISSUANCE OF CITY ANIMAL LICENSE TAGS), AND 462.704 (SPONSORSHIPS AND DONATIONS), TO ELIMINATE THE VETERINARIAN VOLUNTARY PROGRAM FOR THE SALE AND ISSUANCE OF CITY ANIMAL LICENSE TAGS, ADD STERILIZATION PROGRAMS, AUTHORIZE ACPS TO APPLY FOR AND ACCEPT GRANTS, AND AUTHORIZE THE CHIEF OF ACPS TO USE PRIVATE DONATIONS FOR THE BEST BENEFIT OF ACPS WHEN CONDITIONS HAVE NOT BEEN PLACED ON THE USE OF A DONATION BY THE DONOR; AMENDING CHAPTER 462 (ANIMALS), PART 8 (SWINE AS HOUSEHOLD PETS), SECTIONS 462.801 (MINIATURE VIETNAMESE POTBELLIED PIGS AS HOUSEHOLD PETS) AND 462.802 (MAINTENANCE OR USE AS FOOD SOURCE PROHIBITED; RESTRICTIONS ON DISPOSITION), TO REQUIRE PROOF, UPON REQUEST, THAT SWINE IS A REGISTERED, PUREBRED MINIATURE POTBELLIED PIG, SET FORTH CIVIL FINE FOR FAILURE TO PROVIDE SUCH PROOF, AND SET FORTH CIVIL FINE FOR MAINTENANCE OR USE OF POTBELLIED PIG AS FOOD SOURCE; AMENDING CHAPTER 462 (ANIMALS), PART 9 (LIVESTOCK AND POULTRY), SECTIONS 462.901 (LIVESTOCK), 462.903 (USE OF EXHAUST FANS), AND 462.904 (PENALTY), TO INCREASE THE POSSIBLE CIVIL FINE FOR VIOLATIONS OF PART 9 TO $500; AMENDING CHAPTER 462 (ANIMALS), PART 10 (PET SHOPS), SECTIONS 462.1001 (DEFINITIONS), 462.1003 (PERMIT REQUIRED), 462.1004 (APPLICATION FOR ISSUANCE, RENEWAL OR REINSTATEMENT OF PERMIT), 462.1005 (ISSUANCE OF PERMIT; DENIAL OF APPLICATION; REAPPLICATION), 462.1006 (GROUNDS FOR SUSPENSION AND REVOCATION OF PERMIT; APPEAL PROCESS; SURRENDER OF PERMIT; DISPOSITION OF ANIMALS), 462.1007 (INSPECTION), 462.1008 (DISPLAY OF PERMIT), 462.1009 (VIOLATIONS, WARNINGS, CITATIONS, PENALTIES), 462.1010 (NOTIFICATION; RECORDS; REPORT OF SALE OR GIFT), AND 462.1011 (REGULATIONS AND STANDARDS), TO ADD DEFINITIONS, APPLY PROVISIONS OF PART 10 TO ANIMAL DEALERS, AS DEFINED THEREIN, ESTABLISH ADDITIONAL PERMIT CONDITIONS, AND INCORPORATE INTO PART 10 ALL HOUSING AND CARE GUIDELINES, REGULATIONS OR LAWS ESTABLISHED BY THE FEDERAL GOVERNMENT OR THE STATE OF FLORIDA; AMENDING CHAPTER 462 (ANIMALS), PART 11 (ANIMAL DEALERS), SECTIONS 462.1101 (DEFINITIONS), 462.1102 (EXEMPTION), 462.1103 (PERMIT REQUIRED), 462.1104 (APPLICATION FOR ISSUANCE, RENEWAL OR REINSTATEMENT OF PERMIT), 462.1105 (ISSUANCE OF PERMIT, DENIAL OF APPLICATION; REAPPLICATION), 462.1106 (GROUNDS FOR SUSPENSION AND REVOCATION OF PERMIT; APPEAL PROCESS; SURRENDER OF PERMIT; DISPOSITION OF ANIMALS), 462.1107 (INSPECTION), 462.1108 (DISPLAY OF PERMIT), 462.1109 (VIOLATIONS, WARNINGS, CITATIONS, PENALTIES), 462.1110 (NOTIFICATION; RECORDS; REPORT OF SALE OR GIFT), 462.1111 (REGULATIONS AND STANDARDS) AND 462.1112 (PUTRESCIBLE MATERIAL; DEAD ANIMALS; RECORDS) TO ADD DEFINITIONS AND REQUIRE CURRENT, VALID HEALTH CERTIFICATES FOR ALL DOGS AND CATS SOLD OR EXCHANGED, AND DELETE IN THEIR ENTIRETY SECTIONS 462.1103 (PERMIT REQUIRED), 462.1104 (APPLICATION FOR ISSUANCE, RENEWAL OR REINSTATEMENT OF PERMIT), 462.1105 (ISSUANCE OF PERMIT, DENIAL OF APPLICATION; REAPPLICATION), 462.1106 (GROUNDS FOR SUSPENSION AND REVOCATION OF PERMIT; APPEAL PROCESS; SURRENDER OF PERMIT; DISPOSITION OF ANIMALS), 462.1107 (INSPECTION), 462.1108 (DISPLAY OF PERMIT), 462.1109 (VIOLATIONS, WARNINGS, CITATIONS, PENALTIES), 462.1110 (NOTIFICATION; RECORDS; REPORT OF SALE OR GIFT), 462.1111 (REGULATIONS AND STANDARDS) AND 462.1112 (PUTRESCIBLE MATERIAL; DEAD ANIMALS; RECORDS); AMENDING CHAPTER 462 (ANIMALS), PART 12 (ANIMAL SHELTERS), SECTIONS 462.1201 (STERILIZATION OF ADOPTED ANIMALS) AND 462.1202 (INFECTED OR DISEASED ANIMALS), TO REQUIRE STERILIZATION OF ANIMALS GIVEN AWAY, PROHIBIT THE GIVING AWAY OF AN ANIMAL HAVING A CONDITION PREVENTING ADOPTION, AND IMPOSE A CIVIL FINE OF $500 FOR A VIOLATION OF SECTION 462.1202; AMENDING CHAPTER 462 (ANIMALS), TO CREATE A NEW PART 13 (EXCESSIVE INTACT ANIMAL PERMITS), ORDINANCE CODE, TO ESTABLISH EXCESSIVE INTACT ANIMAL PERMIT REQUIREMENTS, PROVIDE A PENALTY FOR NON-COMPLIANCE WITH PART 13, CLARIFY APPLICATION OF PART 13 TO MULTI-FAMILY BUILDINGS, EXEMPT STERILIZED DOGS AND CATS FROM APPLICATION OF PART 13, AND PROVIDE FOR DEPOSIT INTO THE SPAY AND NEUTER TRUST FUND OF FINES AND FEES COLLECTED UNDER PART 13; AMENDING CHAPTER 462 (ANIMALS), TO CREATE A NEW PART 14 (GRANT FUNDS AND SIMILAR REVENUE STREAMS), ORDINANCE CODE, TO AUTHORIZE THE CHIEF OF ACPS TO SEEK, APPLY FOR, AND ACCEPT GRANT FUNDING FOR THE COSTS AND PROGRAMS OF ACPS; AMENDING CHAPTER 462 (ANIMALS), TO CREATE A NEW PART 15 (PERMANENT PET IDENTIFICATION REQUIREMENT), ORDINANCE CODE, TO SET REQUIREMENTS FOR IMPLANTATION OF PERMANENT IDENTIFICATION DEVICES; AMENDING CHAPTER 462 (ANIMALS), TO CREATE A NEW PART 16 (IMPORTATION OF ANIMALS, QUARANTINE, VACCINATION REQUIREMENTS), ORDINANCE CODE, TO INCORPORATE FEDERAL RULES AND REGULATIONS REGARDING THE IMPORTATION OF ANIMALS INTO THE CITY'S ORDINANCE CODE, SET VACCINATION AND QUARANTINE REQUIREMENTS FOR IMPORTED DOGS AND CATS, AND IMPOSE A CIVIL FINE OF $500 FOR A VIOLATION OF PART 16; PROVIDING AN EFFECTIVE DATE; 7/19/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: July 20, 2010

 

Recommend be READ for the SECOND time and REREFERRED to the Committee(s) of reference.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 07, 2010

 

Recommend to SUBSTITUTE and APPROVE.

 

AYES - Bishop, Brown, Crescimbeni, Hyde, Joost, ( 5 )

_____________________

 

2.    2010-567   AN ORDINANCE REGARDING CHAPTER 745 (ADDRESSING AND STREET NAMING REGULATIONS) ORDINANCE CODE; RENAMING SOUTEL DRIVE (AKA SOUTEL COURT WEST) IN COUNCIL DISTRICT 10 TO "MILLWRIGHT COURT"; DIRECTING LEGISLATIVE SERVICES TO FORWARD THIS ORDINANCE TO THE PLANNING AND DEVELOPMENT DEPARTMENT; PROVIDING AN EFFECTIVE DATE; 8/2/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 07, 2010

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Brown, Crescimbeni, Hyde, Joost, ( 5 )

_____________________

 

3.    2010-568   AN ORDINANCE REGARDING CHAPTER 745 (ADDRESSING AND STREET NAMING REGULATIONS) ORDINANCE CODE; RENAMING SOUTEL DRIVE (AKA SOUTEL COURT EAST) IN COUNCIL DISTRICT 10 TO "TIMBERLAND GRANT COURT"; DIRECTING THE LEGISLATIVE SERVICES DIVISION TO FORWARD THIS ORDINANCE TO THE PLANNING AND DEVELOPMENT DEPARTMENT; PROVIDING AN EFFECTIVE DATE; 8/2/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 07, 2010

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Brown, Clark, Crescimbeni, Hyde, Joost, ( 6 )

_____________________

 

4.    2010-607   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, THAT CERTAIN LEASE AGREEMENT BETWEEN THE CITY OF JACKSONVILLE (TENANT) AND SOUTHGATE SHOPPING CENTER, LLC (LANDLORD) FOR 10,000 SQUARE FEET OF SPACE FOR COURT FACILITIES AND OFFICES AT 3490 BEACH BOULEVARD AT AN INITIAL ANNUAL NET RATE OF $15.20 PER SQUARE FOOT, FOR A TERM OF FIVE (5) YEARS, BEGINNING OCTOBER 1, 2010, WITH AN OPTION TO RENEW FOR ONE (1) ADDITIONAL FIVE (5) YEAR PERIOD; PROVIDING AN EFFECTIVE DATE; 8/2/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 03, 2010

 

Recommend be READ for the SECOND time and REREFERRED to the Committee(s) of reference.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 07, 2010

 

Recommend to APPROVE.

 

AYES - Bishop, Brown, Clark, Crescimbeni, Hyde, Joost, ( 6 )

_____________________

 

5.    2010-608   AN ORDINANCE GRANTING SHAWS' LAND CLEARING, LLC'S APPLICATION FOR RENEWAL OF ITS CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (CON) TO OPERATE A YARD TRASH PROCESSING FACILITY; PROVIDING FOR CONDITIONS OF SAID CERTIFICATE; INCORPORATING EXHIBIT; PROVIDING AN EFFECTIVE DATE; 8/2/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 07, 2010

 

Recommend to APPROVE.

 

AYES - Bishop, Brown, Crescimbeni, Hyde, Joost, ( 5 )

_____________________

 

6.    2010-647   AN ORDINANCE APPROPRIATING $1,320,000 (A $660,000 U. S. DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) GRANT AND $660,000 IN CITY MATCHING FUNDS) TO PROVIDE FUNDING TO EXPAND AN EXISTING STORM WATER POND AT CECIL COMMERCE CENTER AS A REQUIREMENT OF THE CURRENT ST. JOHNS RIVER WATER MANAGEMENT DISTRICT ("SJRWMD") CONCEPTUAL ENVIRONMENTAL RESOURCE PERMIT, AS INITIATED BY B.T. 10-143; AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND THE CORPORATION SECRETARY TO EXECUTE A CONTRACT BETWEEN THE CITY AND THE U. S. DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) FOR EDA PROJECT NO. 04-79-06350; PROVIDING FOR CITY OVERSIGHT BY THE JEDC; PROVIDING AN EFFECTIVE DATE; 8/16/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 17, 2010

 

Recommend be READ for the SECOND time and REREFERRED to the Committee(s) of reference.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 07, 2010

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Brown, Clark, Crescimbeni, Hyde, Joost, ( 6 )

_____________________

 

7.    2010-651   AN ORDINANCE APPROPRIATING $20,000 FROM THE ENVIRONMENTAL PROTECTION FUND TO ENABLE THE ENVIRONMENTAL PROTECTION BOARD ("EPB") TO SPONSOR AND CONTRIBUTE $20,000 TO THE ST. JOHNS RIVER ALLIANCE RIVER SUMMIT TO BE HELD SEPTEMBER 15-16, 2010, AS INITIATED BY B.T. 10-155; WAIVING CONFLICTING PROVISIONS OF SECTIONS 111.755 (ENVIRONMENTAL PROTECTION FUND) AND 360.602 (USES OF FUND), ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE; 8/16/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 17, 2010

 

Recommend be READ for the SECOND time and REREFERRED to the Committee(s) of reference.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 07, 2010

 

Recommend to APPROVE.

 

AYES - Bishop, Brown, Clark, Crescimbeni, Hyde, Joost, ( 6 )

_____________________

 


8.    2010-671   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, AN AMENDED AND RESTATED EASEMENT AGREEMENT BETWEEN THE CITY OF JACKSONVILLE (GRANTEE) AND THE SCHOOL BOARD OF DUVAL COUNTY, FLORIDA (GRANTOR), WHICH WILL ALLOW THE JACKSONVILLE SHERIFF'S OFFICE, THE JACKSONVILLE FIRE AND RESCUE DEPARTMENT AND ITD TO USE FOR CITY PUBLIC SERVICES COMMUNICATIONS A RADIO TOWER WHICH WILL BE CONSTRUCTED WITHIN THE GROUNDS OF LAKE SHORE SCHOOL AND REPLACE THE EXISTING RADIO TOWER CURRENTLY IN USE; PROVIDING AN EFFECTIVE DATE; 8/16/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 17, 2010

 

Recommend be READ for the SECOND time and REREFERRED to the Committee(s) of reference.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 07, 2010

 

Recommend to APPROVE.

 

AYES - Bishop, Brown, Clark, Crescimbeni, Hyde, Joost, ( 6 )

_____________________

 

9.    2010-672   AN ORDINANCE CONFIRMING THE INITIAL ASSESSMENT  FOR  STORMWATER SERVICE ASSESSMENTS, AS PROVIDED FOR IN SECTION 715.202, ORDINANCE CODE; APPROVING, ADOPTING  AND AUTHORIZING THE IMPOSITION AND COLLECTION OF STORMWATER SERVICE ASSESSMENTS IN ACCORDANCE WITH THE INTIAL ASSESSMENT ROLL, AS PROVIDED FOR IN SECTION 715.203, ORDINANCE CODE, AND CONTAINED IN ORDINANCE 2010-445-E WITHIN THE CONSOLIDATED GOVERNMENT OF THE CITY, EXCLUDING URBAN SERVICES DISTRICTS 2, 3, 4 AND 5; PROVIDING PROCEDURES FOR COLLECTION OF SERVICE ASSESSMENTS; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE; 8/16/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 17, 2010

 

Recommend be READ for the SECOND time and REREFERRED to the Committee(s) of reference.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 07, 2010

 

Recommend to APPROVE.

 

AYES - Bishop, Brown, Clark, Crescimbeni, Hyde, Joost, ( 6 )

_____________________

 

10.    2010-673   AN ORDINANCE CONFIRMING THE INITIAL ASSESSMENT  FOR  SOLID WASTE SERVICE ASSESSMENTS, AS PROVIDED FOR IN SECTION 715.202, ORDINANCE CODE; APPROVING, ADOPTING  AND AUTHORIZING THE IMPOSITION AND COLLECTION OF SOLID WASTE SERVICE ASSESSMENTS IN ACCORDANCE WITH THE INTIAL ASSESSMENT ROLL, AS PROVIDED FOR IN SECTION 715.203, ORDINANCE CODE, AND CONTAINED IN ORDINANCE 2010-446-E WITHIN THE CONSOLIDATED GOVERNMENT OF THE CITY, EXCLUDING URBAN SERVICES DISTRICTS 2, 3, 4 AND 5; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE; 8/16/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 17, 2010

 

Recommend be READ for the SECOND time and REREFERRED to the Committee(s) of reference.

 


REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 07, 2010

 

Recommend to APPROVE.

 

AYES - Bishop, Brown, Clark, Crescimbeni, Hyde, Joost, ( 6 )

_____________________

 

11.    2010-677   AN ORDINANCE APPROVING A FIRST AMENDMENT TO THE FAIR SHARE ASSESSMENT CONTRACT BETWEEN THE CITY OF JACKSONVILLE AND GREEN POINT PROPERTIES, INC., A FLORIDA CORPORATION (CCAS# 38863) FOR A PROJECT KNOWN AS "GREEN POINT COMMERCIAL", CONSISTING OF A MAXIMUM OF 150,000 SQUARE FEET OF COMMERCIAL USES ON APPROXIMATELY 16.29  ACRES LOCATED AT 10407 WEST 103RD STREET, APPROXIMATELY 750 FEET EAST OF SAMARITAN WAY LOCATED IN DISTRICT 12, EXTENDING THE DURATION FIVE YEAR(S) WITH A FAIR SHARE ASSESSMENT AMOUNT OF $202,202 IN FAIR SHARE FUND SECTOR 4.1, PURSUANT TO PART 3, CHAPTER 655, ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE; 8/16/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: September 07, 2010

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Brown, Clark, Crescimbeni, Hyde, Joost, ( 6 )

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2ND READINGS

 

12.    2010-684   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, A PORTION OF WASHBURN ROAD, AN OPENED AND IMPROVED RIGHT-OF-WAY, ESTABLISHED BY PLAT OF INGLE FOREST UNIT NO. 1, AS RECORDED IN PLAT BOOK 22, PAGE 38 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, IN COUNCIL DISTRICT 3, AT THE REQUEST OF THE RIGHT-OF-WAY, GROUNDS AND MAINTENANCE DIVISION OF THE DEPARTMENT OF PUBLIC WORKS ("APPLICANT"), TO ENABLE APPLICANT TO CORRECT THE LOCATION OF THE PAVED CUL-DE-SAC AND TO ACCOMMODATE NEW DRAINAGE, SUBJECT TO RESERVATION OF AN EASEMENT OVER THE CLOSED PORTION OF WASHBURN ROAD FOR INGRESS AND EGRESS AND FOR ALL UTILITIES; PROVIDING AN EFFECTIVE DATE

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13.    2010-685   AN ORDINANCE AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY, (1) A TEMPORARY CONSTRUCTION EASEMENT GRANTING A TEMPORARY CONSTRUCTION EASEMENT OVER PARCELS 701.1 (PARTS A & B) AND 702.1 (PARTS A, B, C, D AND E), TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), (2) A PERPETUAL AERIAL EASEMENT GRANTING TO FDOT A PERPETUAL AERIAL EASEMENT OVER PARCEL 800.1 AND, (3) A CITY DEED CONVEYING TO FDOT THE CITY'S RIGHTS, TITLE AND INTEREST IN PARCEL 100.1, ALL BEING GRANTED OR CONVEYED TO FDOT FOR THE PURPOSE OF REPAIRING AND RESURFACING THE US 17 (MAIN STREET) BRIDGE AT THE TROUT RIVER; PROVIDING AN EFFECTIVE DATE

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14.    2010-687   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, THAT CERTAIN SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE RENEWAL (BOT. NO. 161272789) BETWEEN THE CITY OF JACKSONVILLE AND THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA FOR OPERATION OF THE EXISTING 78-SLIP PUBLIC MARINA, WITH SEMI-ANNUAL BOAT SHOWS AND OTHER SPECIAL EVENTS, TO BE USED EXCLUSIVELY FOR THE MOORING OF RECREATIONAL VESSELS IN CONJUNCTION WITH AN UPLAND PARK AND SPORTS COMPLEX, SUCH RENEWAL EXTENDING THE TERM OF THE LEASE THROUGH MARCH 13, 2015; PROVIDING AN EFFECTIVE DATE

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15.    2010-689   AN ORDINANCE AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE A RAILROAD CROSSING CLOSURE AGREEMENT BETWEEN THE CITY OF JACKSONVILLE, TALLEYRAND TERMINAL RAILROAD COMPANY, INC. (TTRR) AND THE FLORIDA DEPARTMENT OF TRANSPORTATION, (FDOT) TO CLOSE A PUBLIC HIGHWAY-RAIL GRADE CROSSING AT FRANKLIN STREET; PROVIDING AN EFFECTIVE DATE

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16.    2010-695   AN ORDINANCE REGARDING CHAPTER 655 (CONCURRENCY MANAGEMENT SYSTEM), PART 3 (FAIR SHARE ASSESSMENT PROCEDURES), ORDINANCE CODE, AMENDING SECTIONS 655.304 (FAIR SHARE ASSESSMENT ADMINISTRATIVE PROCEDURES; ADMINISTRATIVE APPROVAL PROCESS FOR FAIR SHARE ASSESSMENT CONTRACTS WITH ASSESSMENTS LESS THAN $100,000), 655.305 (PUBLIC NOTICE AND HEARING REQUIREMENTS FOR COUNCIL APPROVAL OF FAIR SHARE ASSESSMENT CONTRACTS WITH ASSESSMENTS OF $100,000 OR MORE, OR WITH TERMS LONGER THAN FIVE YEARS), AND CREATING NEW SECTION 655.308 (ALTERNATIVE FORMULA FAIR SHARE ASSESSMENT CONTRACTS), TO SET FORTH AN ALTERNATIVE FORMULA FOR FAIR SHARE ASSESSMENT CONTRACTS; PROVIDING CRITERIA FOR ELIGIBILITY FOR USE OF AN ALTERNATIVE FORMULA FOR FAIR SHARE ASSESSMENT CONTRACTS CONSISTENT WITH POLICY 1.7.6 OF THE CAPITAL IMPROVEMENTS ELEMENT OF THE 2030 COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE

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17.    2010-702   AN ORDINANCE APPROVING THE SETTLEMENT IN EMINENT DOMAIN OF THE OWNER'S DAMAGES IN A TOTAL AMOUNT OF $125,598.00, PLUS RECOVERABLE COSTS IN THE AMOUNT OF $28,434.79 AND STATUTORY ATTORNEY'S FEES IN THE AMOUNT OF $32,831.96, FOR A TOTAL MONETARY SETTLEMENT OF $186,864.75, WITH THE DIFFERENCE BETWEEN THE PREVIOUSLY DEPOSITED AMOUNT AND THE TOTAL MONETARY SETTLEMENT BEING $98,514.75, ALL RESULTING FROM THE CONDEMNATION OF PARCELS 112, 712.1, and 712.2, IN RELATION TO THE GREENLAND ROAD PROJECT, IN THE PROCEEDING STYLED CITY OF JACKSONVILLE V. FRANKLIN D. CHAPMAN, ET AL., CASE NO. 2007-CA-000951; PROVIDING AN EFFECTIVE DATE

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18.    2010-703   AN ORDINANCE AUTHORIZING AND MANDATING THE PROPERTY APPRAISER TO ANNOTATE THE PROPERTY RECORD CARDS OF ALL PROPERTIES LOCATED WITHIN THE SITE BOUNDARIES (BROWN'S DUMP; LONNIE C. MILLER, SR. PARK; FOREST STREET INCINERATOR SITE; AND THE FIFTH & CLEVELAND STREETS INCINERATOR SITE) (THE "SITES") IN ACCORDANCE WITH A CONSENT DECREE ENTERED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA, THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT ("CERCLA") AND ORDINANCE 2007-832-E; PROVIDING AN EFFECTIVE DATE

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