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RULES COMMITTEE
MINUTES OF THE REGULAR MEETING
December 03,2012
CLAY YARBOROUGH, 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, December 03,2012.
The meeting was called to order at 10:05 A.M. by Committee Clay
Yarborough. The meeting was adjourned at
1:05 P.M.
Members in Attendance: Staff Attendance:
CM Clay Yarborough, Chair Marilyn
Allen, Legislative Aide
CM Ray Holt , Vice Chair Janice Billy, Asst. Auditor
CM Lori Boyer Peggy Sidman, Attorney
CM John Crescimbeni Jeff Clements, Chief of Research
CM Warren Jones – Arrived 10:28 Jessica Deal, Administration
CM Jim
Love Sean Costigan, Asst. Auditor
CM Robin Lumb
Others in Attendance:
CM Schellenberg (12-666
& 669) Joe Whitaker
(12-682)
CM Anderson (12-382) John
Germany (12-703)
CM Carter (12-666) Lynn
Pappas (12-703)
Ronnie Belton (12-382) Bill
Joyce (12-703)
Wayne Young (12-666)
Mia Jones, Administration
Calvin Burney (12-578)
Paul Crawford (12-703)
Karen Nasrallah (12-703)
Jason Gabriel (12-703)
1.
2012-666 A RESOLUTION CONFIRMING
THE MAYOR'S APPOINTMENT OF PETER E. BOWER, A DUVAL COUNTY RESIDENT, TO JEA,
REPLACING CHARLES C. APPLEBY, PURSUANT TO CHARTER, PART A, ARTICLE 21.03,
JACKSONVILLE CITY CHARTER, FOR AN UNEXPIRED TERM EXPIRING ON FEBRUARY 28, 2014;
PROVIDING AN EFFECTIVE DATE; 11/5/2012
- Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
RULES: December 03, 2012
Recommend to APPROVE.
REPORT OF THE COMMITTEE ON
RULES: December 03, 2012
Recommend to APPROVE.
AYES - Boyer, Crescimbeni,
Holt, Jones, Love, Lumb, Yarborough, ( 7 )
_____________________
2.
2012-666 A RESOLUTION CONFIRMING
THE MAYOR'S APPOINTMENT OF PETER E. BOWER, A DUVAL COUNTY RESIDENT, TO JEA,
REPLACING CHARLES C. APPLEBY, PURSUANT TO CHARTER, PART A, ARTICLE 21.03,
JACKSONVILLE CITY CHARTER, FOR AN UNEXPIRED TERM EXPIRING ON FEBRUARY 28, 2014;
PROVIDING AN EFFECTIVE DATE; 11/5/2012
- Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
RULES: December 03, 2012
Recommend to APPROVE.
REPORT OF THE COMMITTEE ON
RULES: December 03, 2012
Recommend to APPROVE.
AYES - Boyer, Crescimbeni,
Holt, Jones, Love, Lumb, Yarborough, ( 7 )
_____________________
3.
2012-695 AN RESOLUTION
CONFIRMING THE MAYOR'S APPOINTMENT OF SETH ALEXANDER PAJCIC, A DUVAL COUNTY
RESIDENT, AS AN ARCHITECT REPRESENTATIVE TO THE HISTORIC PRESERVATION COMMISSION,
REPLACING JOSEPH F. THOMPSON, AIA, PURSUANT TO SECTION 76.102, ORDINANCE CODE,
FOR A FIRST FULL TERM TO EXPIRE MARCH 4, 2015; PROVIDING AN EFFECTIVE DATE; 11/19/2012 - Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
RULES: December 03, 2012
Recommend to AMEND and APPROVE.
AYES - Boyer, Crescimbeni,
Holt, Jones, Love, Lumb, Yarborough, ( 7 )
_____________________
4.
2012-696 A RESOLUTION CONFIRMING
THE MAYOR'S APPOINTMENT OF CAROL C. WORSHAM, A DUVAL COUNTY RESIDENT, TO THE
DOWNTOWN DEVELOPMENT REVIEW BOARD, REPLACING JIM BAILEY, JR., PURSUANT TO
SECTION 656.361.7, ORDINANCE CODE, AS A DOWNTOWN OWNER REPRESENTATIVE FOR AN
UNEXPIRED TERM TO EXPIRE JUNE 30, 2013 AND SUBSEQUENTLY REAPPOINTING MS.
WORSHAM FOR A FIRST FULL TERM TO EXPIRE JUNE 30, 2015; PROVIDING AN EFFECTIVE
DATE; 11/19/2012 - Read 2nd &
Rerefer
REPORT OF THE COMMITTEE ON
RULES: December 03, 2012
Recommend to APPROVE.
AYES - Boyer, Crescimbeni,
Holt, Jones, Love, Lumb, Yarborough, ( 7 )
_____________________
5.
2012-698 A RESOLUTION APPOINTING
FRANK M. RINGHOFER, JR. AS A MEMBER OF THE BUILDING CODES ADJUSTMENT BOARD,
REPLACING NANDLAL B. PARYANI, PURSUANT TO CHAPTER 56, ORDINANCE CODE, FOR A
FIRST TERM EXPIRING SEPTEMBER 30, 2015; PROVIDING AN EFFECTIVE DATE; 11/19/2012 - Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
RULES: December 03, 2012
Recommend to APPROVE.
AYES - Boyer, Crescimbeni,
Holt, Jones, Love, Lumb, Yarborough, ( 7 )
_____________________
6.
2012-697 A RESOLUTION APPOINTING
BRADFORD G. THOBURN AS A MEMBER OF THE HEALTH PLANNING COUNCIL OF NORTHEAST
FLORIDA, INC., REPLACING JOSHUA D. COCKRELL AS A HEALTH CARE PURCHASER,
PURSUANT TO SECTION 408.033, FLORIDA STATUTES, FOR A FIRST TERM EXPIRING
SEPTEMBER 30, 2014; PROVIDING AN EFFECTIVE DATE; 11/19/2012 - Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
RULES: December 03, 2012
Recommend to APPROVE.
AYES - Boyer, Crescimbeni,
Holt, Jones, Love, Lumb, Yarborough, ( 7 )
_____________________
7. 2012-625 A RESOLUTION REGARDING THE JEA; RECOGNIZING
THE UNIQUE QUALITY OF OWNING AN ELECTRIC AND WATER AUTHORITY; ENCOURAGING THE
MAYOR TO DIRECT THE PROCUREMENT DIVISION TO ISSUE A REQUEST FOR PROPOSAL FOR
THE SALE OF JEA; PROVIDING AN EFFECTIVE DATE; 10/15/2012 - Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
FINANCE: October 16, 2012
Recommend be READ for the
SECOND time and REREFERRED to the Committee(s) of reference.
REPORT OF THE COMMITTEE ON
RULES: December 03, 2012
Recommend to WITHDRAW.
AYES - Boyer, Crescimbeni,
Holt, Jones, Love, Lumb, Yarborough, ( 7 )
_____________________
8.
2012-699 A RESOLUTION URGING THE
MAYOR TO NOTIFY SEATED INDEPENDENT AUTHORITIES BOARD MEMBERS TWO MONTHS IN
ADVANCE OF THE EXPIRATION OF THEIR TERM IF THE MAYOR DOES NOT PLAN ON
NOMINATING THE BOARD MEMBER FOR REAPPOINTMENT; URGING THE MAYOR TO STRIVE TO
HAVE VACANCIES FILLED WITHIN 30 DAYS OF THE END OF TERM DATE; PROVIDING AN EFFECTIVE DATE; 11/19/2012 - Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
RULES: December 03, 2012
Recommend to AMEND and APPROVE.
AYES - Boyer, Crescimbeni,
Holt, Love, Lumb, Yarborough, ( 6 )
NAYS - Jones, ( 1 )
_____________________
9.
2012-682 AN ORDINANCE MAKING
CERTAIN FINDINGS, AND APPROVING AND AUTHORIZING THE EXECUTION OF A
REDEVELOPMENT AGREEMENT BETWEEN THE CITY OF JACKSONVILLE ("CITY") AND
L&J DIESEL SERVICES, INC. ("COMPANY"), TO SUPPORT THE EXPANSION
OF THE COMPANY'S OPERATIONS IN JACKSONVILLE, FLORIDA (THE "PROJECT");
AUTHORIZING A COUNTYWIDE ECONOMIC DEVELOPMENT LOAN OF $200,000 ("CED
LOAN") AS INDICATED BY B.T. 13-12; APPROPRIATING FUNDS NOT TO EXCEED
$200,000; PROVIDING A CARRYOVER OF FUNDS FROM YEAR TO YEAR UNTIL SUCH FUNDS ARE
EXPENDED OR LAPSE ACCORDING TO THE AGREEMENT; APPROVING AND AUTHORIZING
EXECUTION OF DOCUMENTS BY THE MAYOR AND CORPORATION SECRETARY; AUTHORIZING
APPROVAL OF TECHNICAL AMENDMENTS BY THE EXECUTIVE DIRECTOR OF THE OED;
PROVIDING FOR CITY OVERSIGHT BY THE OED; TIMELINE FOR EXECUTION OF AGREEMENT BY
THE COMPANY; WAIVER OF THAT PORTION OF THE PUBLIC INVESTMENT POLICY ADOPTED BY
RESOLUTION 2006-119-A TO PROVIDE FOR A COUNTYWIDE ECONOMIC DEVELOPMENT LOAN;
PROVIDING AN EFFECTIVE DATE;
11/19/2012 - Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
FINANCE: November 20, 2012
Recommend be READ for the
SECOND time and REREFERRED to the Committee(s) of reference.
REPORT OF THE COMMITTEE ON
RECREATION & COMMUNITY DEVELOPMENT: November 20, 2012
Recommend be READ for the
SECOND time and REREFERRED to the Committee(s) of reference.
REPORT OF THE COMMITTEE ON
RULES: December 03, 2012
Recommend to AMEND and APPROVE.
AYES - Crescimbeni, Holt,
Jones, Love, Lumb, Yarborough, ( 6 )
NAYS - Boyer, ( 1 )
_____________________
10.
2011-400 AN ORDINANCE PERTAINING
TO CHAPTER 121 (POLICE AND FIREFIGHTERS PENSION PLAN), ORDINANCE CODE; CREATING
A NEW CATEGORY OF MEMBER KNOWN AS A "GROUP II MEMBER" BASED UPON A
DATE OF HIRE ON OR AFTER OCTOBER 1, 2011; CREATING A NEW SECTION 121.114
(MANAGEMENT OF INVESTMENTS) TO PROVIDE FOR THE ESTABLISHMENT OF GUIDELINES AND
REFERENCES WITHIN THE CITY ORDINANCE CODE FOR THE PROGRAM OF INVESTMENTS TO BE
ADMINISTERED BY THE POLICE AND FIRE PENSION BOARD OF TRUSTEES; ESTABLISHING THE
PROGRAM OF PENSION BENEFITS EXTENDED TO GROUP II MEMBERS; PROVIDING FOR
AMENDMENT NUMBER 4 TO THE RESTATED AGREEMENT BETWEEN THE CITY AND THE POLICE
AND FIRE PENSION BOARD OF TRUSTEES; REQUESTING EMERGENCY PASSAGE PURSUANT TO
COUNCIL RULE 4.901 EMERGENCY; PROVIDING AN EFFECTIVE DATE; 6/20/2011 - Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
FINANCE: June 21, 2011
Recommend be READ for the
SECOND time and REREFERRED to the Committee(s) of reference.
REPORT OF THE COMMITTEE ON
RULES: December 03, 2012
Recommend to WITHDRAW.
AYES - Boyer, Crescimbeni,
Holt, Love, Lumb, Yarborough, ( 6 )
NAYS - Jones, ( 1 )
_____________________
11.
2012-283 AN ORDINANCE RELATING
TO THE UNIFIED COURTHOUSE PROGRAM; AMENDING ORDINANCE 2007-401-E, TO PROVIDE
NEW SUBSECTIONS (C.)(CONSULTATION WITH STATE ATTORNEY) AND (D.) (PROMPT
COMPLETION) TO SECTION 4 (RESPONSIBILITIES OF THE ARCHITECTURAL REVIEW
COMMITTEE, CHIEF JUDGE AND COUNCIL PRESIDENT), TO PROVIDE FOR STATE ATTORNEY
ADVICE AND COUNSEL REGARDING THE UNIFIED COURTHOUSE PROGRAM AND THE RENOVATIONS
TO THE OLD FEDERAL COURTHOUSE; AND TO URGE PROMPT COMPLETION OF THE UNIFIED
COURTHOUSE PROGRAM INCLUDING THE OLD FEDERAL COURTHOUSE; PROVIDING FOR
ORDINANCE 2007-401-E TO REMAIN OTHERWISE UNCHANGED AND IN FULL FORCE AND
EFFECT; PROVIDING FOR EMERGENCY PASSAGE; PROVIDING FOR AN EFFECTIVE DATE; 4/30/2012 - Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
FINANCE: May 01, 2012
Recommend be READ for the
SECOND time and REREFERRED to the Committee(s) of reference.
REPORT OF THE COMMITTEE ON
RULES: December 03, 2012
Recommend to APPROVE.
AYES - Boyer, Crescimbeni,
Holt, Love, Lumb, Yarborough, ( 6 )
NAYS - Jones, ( 1 )
_____________________
12.
2012-578 AN ORDINANCE AMENDING
CHAPTER 30 (PLANNING AND DEVELOPMENT DEPARTMENT), ORDINANCE CODE, TO COMBINE
CURRENT PLANNING DIVISION AND COMMUNITY PLANNING DIVISION INTO ONE DIVISION TO
BE KNOWN AS PLANNING SERVICES DIVISION; REPEALING PART 4 (COMMUNITY PLANNING
DIVISION) OF CHAPTER 30 (PLANNING AND DEVELOPMENT DEPARTMENT), ORDINANCE CODE; PROVIDING
AN EFFECTIVE DATE; 10/1/2012
- Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
RULES: December 03, 2012
Recommend to AMEND and APPROVE.
AYES - Boyer, Crescimbeni,
Holt, Jones, Love, Lumb, Yarborough, ( 7 )
_____________________
13.
2012-702 AN ORDINANCE SCHEDULING
AN ADDITIONAL LAND USE AND ZONING COMMITTEE MEETING FOR SATURDAY, JANUARY 5,
2013 AT 9:00 AM; DIRECTING APPROPRIATE NOTIFICATION BY THE CHIEF OF LEGISLATIVE
SERVICES; WAIVING COUNCIL RULE 2.201 (MEETINGS) IN ORDER TO AUTHORIZE THE
SCHEDULING OF THE LAND USE AND ZONING COMMITTEE MEETING ON A SATURDAY BEFORE
4:00 PM; PROVIDING AN EFFECTIVE DATE;
11/19/2012 - Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
LAND USE & ZONING: November 20, 2012
Recommend be READ for the
SECOND time and REREFERRED to the Committee(s) of reference.
REPORT OF THE COMMITTEE ON
RULES: December 03, 2012
Recommend to APPROVE.
AYES - Boyer, Crescimbeni,
Holt, Jones, Love, Lumb, Yarborough, ( 7 )
_____________________
14. 2012-703 AN ORDINANCE MAKING CERTAIN FINDINGS AND
AUTHORIZING THE MAYOR TO EXECUTE TWO REDEVELOPMENT AGREEMENTS
("REDEVELOPMENT AGREEMENTS"), AN INFRASTRUCTURE COSTS DISBURSEMENT
AGREEMENT ("DISBURSEMENT AGREEMENT") AND TWO ALLOCATION OF
DEVELOPMENT RIGHTS AGREEMENTS AND RELATED DOCUMENTS (COLLECTIVELY,
"AGREEMENTS") BETWEEN THE CITY OF JACKSONVILLE ("CITY") AND
P&L JAX RIVERSIDE, L.P. ("DEVELOPER"), A SUBSIDIARY OF POPE &
LAND ENTERPRISES, INC., TO SUPPORT THE DEVELOPMENT BY DEVELOPER OR ITS ASSIGNS
OF A MIXED USE RESIDENTIAL AND RETAIL DEVELOPMENT IN THE BROOKLYN AREA OF
DOWNTOWN JACKSONVILLE, INCLUDING BY PROVIDING CITY FUNDING FOR DEVELOPER TO
DESIGN AND CONSTRUCT ON BEHALF OF THE CITY CERTAIN ROAD AND UTILIY
INFRASTRUCTURE IMPROVEMENTS AS DESCRIBED IN THE DISBURSEMENT AGREEMENT
("INFRASTRUCTURE IMPROVEMENTS") TO SUPPORT SUCH RESIDENTIAL AND
RETAIL DEVELOPMENT AND THE SURROUNDING AREA; AUTHORIZING A RECAPTURE ENHANCED
VALUE (REV) GRANT NOT TO EXCEED $5,154,000 AS DESCRIBED IN THE REDEVELOPMENT
AGREEMENT FOR THE RESIDENTIAL IMPROVEMENTS; AUTHORIZING THE EXECUTION OF THE
FOREGOING AGREEMENTS TOGETHER WITH AN AGREEMENT WITH JEA FOR JEA TO CONSTRUCT
CERTAIN UTILITIES INFRASTRUCTURE THAT THE COUNCIL PREVIOUSLY AUTHORIZED THE
CITY TO CONSTRUCT PURSUANT TO ORDINANCE 2012-270-E; WAIVING THE PUBLIC
INVESTMENT POLICY RESTRICTIONS ON RESIDENTIAL REV GRANTS; AUTHORIZING A MAXIMUM
INDEBTEDNESS BY THE CITY OF $1,800,000 FOR THE INFRASTRUCTURE IMPROVEMENTS TO
BE CONSTRUCTED BY DEVELOPER PURSUANT TO THE DISBURSEMENT AGREEMENT; INVOKING
THE EXEMPTION OF THE PROCUREMENT CODE, SECTION 126.107(G), ORDINANCE CODE, TO
AUTHORIZE DIRECT CONTRACTING WITH THE DEVELOPER; CLOSING AND ABANDONING AND/OR
DISCLAIMING, PORTIONS OF THE FOLLOWING DESCRIBED STREETS AT THE REQUEST OF
DEVELOPER, TO ALLOW FOR CONSTRUCTION OF THE PROJECT AS DESCRIBED IN THE
REDEVELOPMENT AGREEMENTS, SUBJECT TO RESERVATION OF AN ALL UTILITIES EASEMENT
OVER THE CLOSED RIGHT-OF-WAY: (I) A PORTION OF STONEWALL STREET, (II) A PORTION
OF OAK STREET, (III) A PORTION OF MAY STREET, AND (IV) A PORTION OF LEILA
STREET; AMENDING THE 2013-2017 CAPITAL IMPROVEMENT PLAN ("CIP") AS
SET FORTH IN ORDINANCE 2012-434-E FOR THE PURPOSE OF ADDING THE INFRASTRUCTURE
IMPROVEMENTS TO THE CIP; DESIGNATING THE OFFICE OF ECONOMIC DEVELOPMENT AND
DEPARTMENT OF PUBLIC WORKS AS CONTRACT MONITORS; AUTHORIZING THE EXECUTION OF
ALL DOCUMENTS RELATING TO THE ABOVE AGREEMENTS AND TRANSACTIONS, AND
AUTHORIZING TECHNICAL CHANGES TO THE DOCUMENTS; PROVIDING A DEADLINE FOR THE
DEVELOPER TO EXECUTE THE AGREEMENTS AFTER DELIVERY TO THE DEVELOPER; PROVIDING
AN EFFECTIVE DATE;
11/19/2012 - Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
FINANCE: November 20, 2012
Recommend be READ for the
SECOND time and REREFERRED to the Committee(s) of reference.
REPORT OF THE COMMITTEE ON
RECREATION & COMMUNITY DEVELOPMENT: November 20, 2012
Recommend be READ for the
SECOND time and REREFERRED to the Committee(s) of reference.
REPORT OF THE COMMITTEE ON
RULES: December 03, 2012
Recommend to AMEND and APPROVE.
AYES - Holt, Jones, Love,
Lumb, Yarborough, ( 5 )
NAYS - Boyer, Crescimbeni, (
2 )
_____________________
15.
2012-717 A RESOLUTION
CELEBRATING THE LIFE AND COMMENDING THE DEDICATED SERVICE OF CHERYL CONYERS
KIDD, CITY COUNCIL SECRETARY FROM 1987
TO 1991; PROVIDING AN EFFECTIVE DATE
Recommend
to APPROVE.
AYES
- Boyer, Crescimbeni, Holt, Jones, Love, ( 5 )
_____________________
2ND READINGS
16.
2012-636 AN ORDINANCE APPROVING
THE SETTLEMENT OF PENDING FEDERAL COURT LITIGATION BETWEEN THE UNITED STATES OF
AMERICA AND CITY OF JACKSONVILLE, FLORIDA UNDER THE AMERICANS WITH DISABILITIES
ACT DJ 204-17M-398; APPROVING AND AUTHORIZING EXECUTION OF A PROPOSED
SETTLEMENT; AUTHORIZING THE GENERAL COUNSEL AND HER DESIGNEES TO TAKE ALL
FURTHER ACTIONS TO CONCLUDE LAWSUIT; PROVIDING AN EFFECTIVE DATE
_____________________
17.
2012-713 A RESOLUTION URGING THE
MAYOR TO IMMEDIATELY UTILIZE THE PROCUREMENT PROCESS TO SECURE A PARTNER
INTERESTED IN THE OCCUPATION, UTILIZATION, REHABILITATION, RESTORATION,
PRESERVATION, AND PROTECTION OF THE NATIONAL GUARD ARMORY ("ARMORY")
LOCATED AT 851 NORTH MARKET STREET IN JACKSONVILLE; REQUESTING REPORTS OF
PROGRESS; PROVIDING AN EFFECTIVE DATE
_____________________
18.
2012-714 A RESOLUTION
REAPPOINTING CAROL J. HLADKI AS A MEMBER OF THE ENTERPRISE ZONE DEVELOPMENT
AGENCY BOARD, AS THE LAW ENFORCEMENT AGENCY
REPRESENTATIVE, PURSUANT TO CHAPTER 501, ORDINANCE CODE, AND SECTION
290.0056, FLORIDA STATUTES, FOR A SECOND TERM EXPIRING DECEMBER 31, 2016;
PROVIDING AN EFFECTIVE DATE
_____________________
19.
2012-715 A RESOLUTION
REAPPOINTING F. SCOTT SHINE AS A MEMBER OF THE JACKSONVILLE WATERWAYS
COMMISSION, AS A GENERAL PUBLIC REPRESENTATIVE, PURSUANT TO CHAPTER 95,
ORDINANCE CODE, FOR A SECOND TERM EXPIRING DECEMBER 31, 2015; PROVIDING AN
EFFECTIVE DATE
_____________________
20.
2012-718 AN ORDINANCE
AUTHORIZING THE PARTICIPATION IN THE NORTHEAST FLORIDA REGIONAL TRANSPORTATION
COMMISSION UPON ITS FORMATION BY THE FLORIDA LEGISLATURE; PROVIDING FOR FUNDING
SUBJECT TO ANNUAL APPROPRIATION; ESTABLISHING THE MAXIMUM FUNDING AMOUNTS AND
PERIOD; PROVIDING FOR REPEAL UNDER CERTAIN CONDITIONS; AND PROVIDING AN EFFECTIVE
DATE
_____________________