RULES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

November 05,2012

 

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, November 05,2012.  The meeting was called to order at 10:08 A.M. by Committee Clay Yarborough.  The meeting was adjourned at 10:50 A.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 – Not in Chair                                     Jessica Deal, Administration

                       CM Jim Love                                                      

                       CM Robin Lumb

                       

 

 

 

 

 

Others in Attendance:

 

Glenn Hansen (12-621, 622)

Marc Stickney (12-621, 622)

 

 

 

 

 

 

 

 

 

1.    2012-582   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF MICHAEL J. JACOBSEN AS CHIEF OF THE EMERGENCY PREPAREDNESS DIVISION OF THE FIRE AND RESCUE DEPARTMENT OF THE CITY OF JACKSONVILLE; PROVIDING AN EFFECTIVE DATE; 10/1/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: November 05, 2012

 

Recommend to APPROVE.

 

AYES - Boyer, Crescimbeni, Holt, Love, Lumb, Yarborough, ( 6 )

_____________________

 

2.    2012-590   A RESOLUTION APPOINTING MICHELLE L. MAHONEY, P.E. AS A MEMBER OF THE ENVIRONMENTAL PROTECTION BOARD, PURSUANT TO CHAPTER 73, ORDINANCE CODE, REPLACING TERRELL SHAW AS A REGISTERED PROFESSIONAL ENGINEER, FOR A FIRST FULL TERM ENDING SEPTEMBER 30, 2016; PROVIDING AN EFFECTIVE DATE; 10/1/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: November 05, 2012

 

Recommend to APPROVE.

 

AYES - Boyer, Crescimbeni, Holt, Love, Lumb, Yarborough, ( 6 )

_____________________

 

3.    2012-662   A RESOLUTION APPOINTING IVAN C. CLARE AS A MEMBER OF THE JACKSONVILLE - DUVAL COUNTY COUNCIL ON ELDER AFFAIRS, REPLACING RUDOLPH M. ALBERT AS THE COUNCIL DISTRICT 5 REPRESENTATIVE, PURSUANT TO CHAPTER 82, ORDINANCE CODE, FOR A FIRST TERM EXPIRING JUNE 30, 2014; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

AYES - Boyer, Crescimbeni, Holt, Love, Lumb, Yarborough, ( 6 )

_____________________

 

4.    2012-663   A RESOLUTION CONFIRMING THE SOUTHEAST DISTRICT CPAC'S APPOINTMENT OF DANIEL A. BECTON AS A MEMBER OF THE TAXATION, REVENUE AND UTILIZATION OF EXPENDITURES ("TRUE") COMMISSION, PURSUANT TO CHAPTER 57, ORDINANCE CODE, REPLACING GAMAL S. LYONS FOR A FIRST TERM EXPIRING JUNE 30, 2015; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

AYES - Boyer, Crescimbeni, Holt, Love, Lumb, Yarborough, ( 6 )

_____________________

 

5.    2012-621   AN ORDINANCE OF THE CITY OF JACKSONVILLE, FLORIDA, SUPPLEMENTING ORDINANCE 2006-888-E AUTHORIZING THE ISSUANCE OF ITS SPECIAL REVENUE BONDS, IN ONE OR MORE SERIES IN AN AMOUNT NECESSARY TO PROVIDE FOR THE REFUNDING OF ALL OR A PORTION OF THE CITY'S OUTSTANDING (1) CAPITAL PROJECTS BONDS, (2) EXCISE TAXES BONDS, (3) GUARANTEED ENTITLEMENT BONDS, AND (4) LOCAL GOVERNMENT SALES TAX BONDS; PROVIDING AUTHORITY FOR THIS ORDINANCE; PROVIDING FOR CERTAIN DEFINITIONS; MAKING CERTAIN FINDINGS; PROVIDING THAT THIS ORDINANCE SHALL CONSTITUTE A CONTRACT BETWEEN THE ISSUER AND THE BONDHOLDERS; AUTHORIZING THE MAYOR TO AWARD THE SALE OF SAID BONDS ON A LIMITED COMPETITIVE BASIS, ON A NEGOTIATED BASIS, OR AS A PRIVATE PLACEMENT, AS PROVIDED HEREIN; AUTHORIZING THE ACQUISITION OF DEBT SERVICE RESERVE FUND PRODUCTS WITH RESPECT TO SUCH BONDS, IF DEEMED NECESSARY; AUTHORIZING THE ACQUISITION OF CREDIT FACILITIES WITH RESPECT TO SUCH BONDS, IF DEEMED NECESSARY;  AUTHORIZING THE PREPARATION OF PRELIMINARY AND FINAL OFFICIAL STATEMENTS AND/OR OFFERING MEMORANDA WITH RESPECT TO SUCH BONDS; AUTHORIZING THE EXECUTION OF CONTINUING DISCLOSURE UNDERTAKINGS WITH RESPECT TO SUCH BONDS; AUTHORIZING THE DESIGNATION OF A DEPUTY REGISTRAR AND PAYING AGENT AND THE PROVIDERS OF OTHER SERVICES WITH RESPECT TO SUCH BONDS; PROVIDING FOR THE APPLICATION OF SUCH BOND PROCEEDS; AUTHORIZING THE EXECUTION OF A BOND TERMS AGREEMENT WITH RESPECT TO SAID BONDS; PROVIDING CERTAIN ADDITIONAL DETAILS AND AUTHORIZATIONS IN CONNECTION THEREWITH; WAIVING THE PROVISIONS OF SECTION 104.211 (PROCEDURE FOR SALE OF BONDS) OF CHAPTER 104 (BONDS), ORDINANCE CODE, SO AS TO ALLOW FOR THE CITY TO AWARD THE SALE OF SAID BONDS ON A LIMITED COMPETITIVE BASIS, AS A NEGOTIATED SALE, OR AS A PRIVATE PLACEMENT; AND 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: November 05, 2012

 

Recommend to AMEND and  APPROVE.

 

AYES - Boyer, Crescimbeni, Holt, Love, Lumb, Yarborough, ( 6 )

_____________________

 

6.    2012-622   AN ORDINANCE OF THE CITY OF JACKSONVILLE, FLORIDA, SUPPLEMENTING ORDINANCE 93-977-1392, AS AMENDED AND SUPPLEMENTED; AUTHORIZING THE ISSUANCE OF ITS CAPITAL IMPROVEMENT REFUNDING REVENUE BONDS, SERIES 2012 (THE "SERIES 2012 BONDS") IN AN AMOUNT NECESSARY TO REFUND ALL OR A PORTION OF THE CITY'S OUTSTANDING (1) CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 1997 (GATOR BOWL PROJECT), (2) CAPITAL IMPROVEMENT REFUNDING AND REVENUE BONDS, SERIES 1998 (STADIUM PROJECT), (3) CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 2002A, (4) CAPITAL IMPROVEMENT AND REFUNDING REVENUE BONDS, SERIES 2002B, AND (5) CAPITAL IMPROVEMENT AND REFUNDING REVENUE BONDS, SERIES 2002C; PROVIDING AUTHORITY FOR THIS ORDINANCE; PROVIDING FOR CERTAIN DEFINITIONS; MAKING CERTAIN FINDINGS; PROVIDING THAT THIS ORDINANCE SHALL CONSTITUTE A CONTRACT BETWEEN THE ISSUER AND THE BONDHOLDERS; AUTHORIZING THE MAYOR TO AWARD THE SALE OF SAID BONDS ON A LIMITED COMPETITIVE BASIS, ON A NEGOTIATED BASIS, OR AS A PRIVATE PLACEMENT, AS PROVIDED HEREIN; AUTHORIZING THE ACQUISITION OF RESERVE ACCOUNT CREDIT FACILITIES WITH RESPECT TO SUCH BONDS, IF DEEMED NECESSARY; AUTHORIZING THE ACQUISITION OF CREDIT FACILITIES WITH RESPECT TO SUCH BONDS, IF DEEMED NECESSARY; AUTHORIZING THE PREPARATION OF PRELIMINARY AND FINAL OFFICIAL STATEMENTS AND/OR OFFERING MEMORANDA WITH RESPECT TO SUCH BONDS; AUTHORIZING THE EXECUTION OF A CONTINUING DISCLOSURE UNDERTAKING WITH RESPECT TO SUCH BONDS; PROVIDING AN ADDITIONAL COVENANT TO ENFORCE AND COLLECT PLEDGED REVENUES; AUTHORIZING THE DESIGNATION OF A DEPUTY REGISTRAR AND PAYING AGENT AND THE PROVIDERS OF OTHER SERVICES WITH RESPECT TO SUCH BONDS; PROVIDING FOR THE APPLICATION OF SUCH BOND PROCEEDS; AUTHORIZING THE EXECUTION OF A BOND TERMS AGREEMENT WITH RESPECT TO SUCH BONDS; PROVIDING CERTAIN ADDITIONAL AUTHORIZATIONS IN CONNECTION THEREWITH; WAIVING THE PROVISIONS OF SECTION 104.211 (PROCEDURE FOR SALE OF BONDS) OF CHAPTER 104 (BONDS), ORDINANCE CODE, SO AS TO ALLOW FOR THE CITY TO AWARD THE SALE OF THE BONDS ON A LIMITED COMPETITIVE BASIS, AS A NEGOTIATED SALE, OR AS A PRIVATE PLACEMENT; AND 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: November 05, 2012

 

Recommend to APPROVE.

 

AYES - Boyer, Crescimbeni, Holt, Love, Lumb, Yarborough, ( 6 )

_____________________

 

7.    2012-623   AN ORDINANCE REGARDING CHAPTER 614 (PUBLIC ORDER AND SAFETY); AMENDING SECTION 614.138, (CERTAIN ACTIVITIES PROHIBITED; DEFINITIONS), ORDINANCE CODE, TO ENLARGE THE AREA KNOWN AS THE "URBAN CORE ENHANCEMENT AREA"; PROVIDING AN EFFECTIVE DATE; 10/15/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: November 05, 2012

 

Recommend to AMEND and  APPROVE.

 

AYES - Boyer, Crescimbeni, Holt, Love, Lumb, Yarborough, ( 6 )

_____________________

 

8.    2012-624   A RESOLUTION AUTHORIZING THE GENERAL COUNSEL AND THE OFFICE OF GENERAL COUNSEL TO COMMENCE LITIGATION TO DETERMINE THE LEGAL VALIDITY OF THE ESTABLISHMENT OF THE POLICE AND FIRE PENSION FUND SENIOR STAFF VOLUNTARY RETIREMENT PLAN; 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: November 05, 2012

 

Recommend to APPROVE.

 

AYES - Boyer, Crescimbeni, Holt, Love, Lumb, Yarborough, ( 6 )

_____________________

 

9.    2012-650   AN ORDINANCE WAIVING SECTION 118.805 (ELIGIBILITY QUALIFICATIONS FOR PUBLIC SERVICE GRANT), ORDINANCE CODE, REQUIRING THAT THE PUBLIC SERVICE GRANT COUNCIL ANNUALLY, ON OR BEFORE NOVEMBER 15, RECOMMEND TO THE CITY COUNCIL THE PRIORITY POPULATIONS FOR THE UPCOMING FISCAL YEAR; ESTABLISHING A DATE OF NOVEMBER 30, 2012 FOR THE PUBLIC SERVICE GRANT COUNCIL TO RECOMMEND THE PRIORITY POPULATIONS TO THE CITY COUNCIL FOR THE 2012 YEAR; REQUESTING EMERGENCY PASSAGE; PROVIDING AN EFFECTIVE DATE

 

AYES - Boyer, Crescimbeni, Holt, Love, Lumb, Yarborough, ( 6 )

_____________________

 


10.    2012-669   A RESOLUTION HONORING AND COMMEMORATING THE 100TH ANNIVERSARY OF THE FINANCIAL NEWS AND DAILY RECORD NEWSPAPER, OWNED AND PUBLISHED BY JAMES F. BAILEY, JR., AND DECLARING NOVEMBER 14, 2012 AS FINANCIAL NEWS AND DAILY RECORD DAY IN JACKSONVILLE; PROVIDING AN EFFECTIVE DATE

 

Recommend to AMEND and APPROVE.

 

AYES - Boyer, Crescimbeni, Holt, Love, Lumb, Yarborough, ( 6 )

_____________________

 

11.    2012-670   A RESOLUTION HONORING AND COMMENDING SHANDS JACKSONVILLE FOR BEING DESIGNATED A "RISING STAR" BY THE UNIVERSAL HEALTHSYSTEM CONSORTIUM; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

AYES - Boyer, Crescimbeni, Holt, Love, Lumb, Yarborough, ( 6 )

_____________________

 

12.    2012-671   A RESOLUTION HONORING AND COMMENDING THE OCEANWAY MIDDLE SCHOOL SWIM TEAM AND COACH CRYSTAL EMERY ON THEIR SECOND CONSECUTIVE CHAMPIONSHIP; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

AYES - Boyer, Crescimbeni, Holt, Love, Lumb, Yarborough, ( 6 )

_____________________

 

13.    2012-672   A RESOLUTION HONORING AND CONGRATULATING REV. GARY L. HALL, SR. ON THE OCCASION OF HIS CONSECRATION AS BISHOP AND JURISDICTIONAL PRELATE OF THE CHURCH OF GOD IN CHRIST CENTRAL FLORIDA FIRST JURISDICTION; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

AYES - Boyer, Crescimbeni, Holt, Love, Lumb, Yarborough, ( 6 )

_____________________

 

 

2ND READINGS

 

14.    2012-629   AN ORDINANCE AMENDING SECTION 55.307 (DOWNTOWN INVESTMENT AUTHORITY BOARD), ORDINANCE CODE, SUCH THAT NO BOARD CATEGORY SHALL BE FILLED BY MORE THAN ONE MEMBER AND STRIKING CONTRADICTORY LANGUAGE; PROVIDING FOR AN EFFECTIVE DATE

_____________________

 

15.    2012-651   AN ORDINANCE CONCERNING SURPLUS PERSONAL PROPERTY OF THE CITY; DECLARING THAT CERTAIN 2002 CHEVROLET IMPALA (VIN 2G1WF52E7729213060, VEHICLE NUMBER 8424-10) VALUED AT $2,937 TO BE SURPLUS TO THE NEEDS OF THE CITY AND AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY TO TRANSFER TITLE OF SAID PROPERTY TO THE PUBLIC DEFENDER'S OFFICE FOR THE FOURTH JUDICIAL CIRCUIT AT NO COST; WAIVING SECTION 122.812(C), ORDINANCE CODE, TO ALLOW DISPOSITION OF SAID PROPERTY FOR OTHER THAN FAIR MARKET VALUE; DESIGNATING THE FLEET MANAGEMENT DIVISION OF THE INTRA-GOVERNMENTAL SERVICES MONITOR OF ACTUAL USE OF SAID PROPERTY; PROVIDING FOR A REVERTER; PROVIDING AN EFFECTIVE DATE

_____________________

 

16.    2012-660   A RESOLUTION APPOINTING WIGHT S. GREGER AS A MEMBER OF THE JACKSONVILLE HOUSING FINANCE AUTHORITY, PURSUANT TO SECTION 35.704, ORDINANCE CODE, REPLACING KENNETH A. FILIP FOR A FIRST TERM ENDING NOVEMBER 30, 2016; PROVIDING AN EFFECTIVE DATE

_____________________

 

17.    2012-661   A RESOLUTION APPOINTING JAMES C. POINDEXTER AS A MEMBER OF THE PUBLIC SERVICE GRANT COUNCIL, PURSUANT TO SECTION 118.803, ORDINANCE CODE, FILLING THE SLOT FORMERLY HELD BY GWENDOLYN C. YATES, FOR AN UNEXPIRED TERM ENDING DECEMBER 31, 2013; PROVIDING AN EFFECTIVE DATE

_____________________

 

18.    2012-664   A RESOLUTION REAPPOINTING KARL-GUSTAV M. SODERHOLM AS A MEMBER OF THE BUILDING CODES ADJUSTMENT BOARD, PURSUANT TO CHAPTER 56, ORDINANCE CODE, FOR A SECOND TERM EXPIRING SEPTEMBER 30, 2015; PROVIDING AN EFFECTIVE DATE

_____________________

 

19.    2012-665   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF HELEN H. ALBEE, A DUVAL COUNTY RESIDENT, TO THE JEA, REPLACING JULIAN E. FANT, III, PURSUANT TO CHARTER, PART A, ARTICLE 21.03, FOR A FIRST FULL TERM TO EXPIRE FEBRUARY 28, 2016; PROVIDING AN EFFECTIVE DATE

_____________________

 

20.    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

_____________________

 

21.    2012-667   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF ERIC BRIAN SMITH, A DUVAL COUNTY RESIDENT, TO THE JACKSONVILLE HOUSING AUTHORITY, REPLACING VALERIE C. CHRITTON, PURSUANT TO SECTION 51A.103, ORDINANCE CODE, FOR A FIRST FULL TERM TO EXPIRE SEPTEMBER 16, 2015; PROVIDING AN EFFECTIVE DATE

_____________________

 

22.    2012-668   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF RICHARD M. CHRISTMAS, A DUVAL COUNTY RESIDENT, AS AN IRRIGATION REPRESENTATIVE TO THE CONSTRUCTION TRADES QUALIFYING BOARD, REPLACING DAVID R. "RAY" LEACH, JR., PURSUANT TO SECTION 62.101, ORDINANCE CODE, FOR A FIRST FULL TERM TO EXPIRE SEPTEMBER 30, 2014; PROVIDING AN EFFECTIVE DATE

_____________________