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RULES

 

 

COMMITTEE MINUTES

 

 

Monday, October 15, 2012

 

10:00 A.M.

 

Council Chambers 1st Floor,  City Hall

Dana Farris,

Chief of Legislative Services

 

 

 

 

Clay Yarborough, Chair

Legislative Aide: Marilyn Allen

Ray Holt, Vice Chair

Attorney: Peggy Sidman

Lori Boyer

Council Auditor: Janice Billy

John Crescimbeni

Chief of Research: Jeff Clements

Warren Jones (Not present)

Asst. Auditor: Sean Costigan

Jim Love

Administration: Jessica Deal

Robin Lumb

 

 

 

                        Meeting Convened                 10:01 AM                    Meeting Adjourned     11:12 AM

 

 

 


Attendance:

 

 

Roland Udenze (2012-585)

C/M Brown (2012-579)

C/M Schellenberg (2012-456)

C/M Gulliford (2012-576 & 580)

Dylan Reingold (2012-599)

 

 

 

Item/File No.

Title/History

 

 

1.  2011-400

ORD-MC Amend Chapt 121 (Police & Firefighters Pension Plan), Ord Code; Create New Category of Member - "Group II Member" Based on Date of Hire on or after 10/1/11; Create New Sec 121.114 (Management of Investments) re Establishment of Guidelines & References within Code for Prog of Investments to be Administered by Police & Fire Pension Bd of Trustees; Estab Prog of Pension Benefits Extended to Group II Members; Provide for Amend #4 to Restated Agreemt with Police & Fire Pension Bd of Trustees; Request Emerg Apv. (Germany) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 6/28/11

 

1. 6/14/2011 CO  Introduced: R,F

 

    6/20/2011 R Read 2nd & Rerefer

 

6/21/2011 CO Comm as a Whole/Emerg/SUBSTITUTED/Approved 10-5 (Clark, Crescimbeni, Fussell, Lee, 2. Redman);    6/21/2011 F Read 2nd & Rerefer

 

3. 6/28/2011 CO PH/SUBSTITUTED/AMENDED/POSTPONED 7/26/11

 

   7/26/2011 CO POSTPONED 8/9/11

 

   8/9/2011 CO POSTPONED 8/23/2011

 

   8/23/2011 CO POSTPONED 10/25/11

 

   10/25/2011 CO POSTPONED 1/24/2012

 

   1/24/2012 CO POSTPONED 4/10/2012

 

   4/10/2012 CO REREFERRED; R, F

 

 

 

 

Bill Summary           

Fact Sheet

 

DEFER

 

 

2.  2011-440

RESO Recognizing (1) Importance of Council Rules, (2) Obligation of Council Member Attendance at Council & Committee Mtgs, (3) Harm to Public & Honor of Council when Members leave Committee Mtgs without Approval; (4) with Regret a Rules Comm Mtg of 6/20/11 where 4 Members Left without Notice or Permission of the Chair; Censuring the 4 Council Members who left the 6/20/11 Meeting without Notice or Permission. (Rohan) (Introduced by Council Rules Chair Lee) (Sponsored by C/M Johnson)

 

1. 6/28/2011 CO  Introduced: R

 

    7/18/2011 R Read 2nd & Rerefer

 

2. 7/26/2011 CO Read 2nd & Rereferred; R

 

 

Bill Summary

 

DEFER

 

 

3.  2011-441

ORD Making Findings re Importance of Council Mtg Attendance; Recognizing Existing Council Rules 2.202 (Attendance; Voting) & 4.501 (Absence from Meetings); Amend Part 5 (Decorum) of Chapt 4 (Procedures), Creating New Rule 4.506 (Penalties) to Authorize Removal from Council Committees & Censure. (Rohan) (Introduced by Council Rules Chair Lee) (Sponsored by C/M Johnson)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 7/26/11

 

1. 6/28/2011 CO  Introduced: R

 

    7/18/2011 R Read 2nd & Rerefer

 

2. 7/26/2011 CO PH Read 2nd & Rereferred; R

 

 

Bill Summary

 

DEFER

 

 

 

4.  2012-213

ORD-MC Amend Sec 5.08, City Charter & Council Rules 3.301 & 3.305 & Create Rule 3.306 to allow for Council Apv of Certain Economic Dev Incentive Legislation after 1 or 2 Readings; Amend Sec 180.105, Ord Code (Funding of the Duval County Job Opportunity Bank) to Delete Provisions Requiring Recipients of City Economic Dev Incentives to Contribute Funds to the Job Opportunity Bank; Auth the Economic Dev Investmt Policy of the City re Economic Incentives Funded by City; Replacing Former Incentive Policy; Auth Downtown Historic Preservation & Revitalization Trust Fund Guidelines; Replacing Former Trust Fund Guidelines. (Rowland) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 4/10/12

 

1. 3/27/2012 CO  Introduced: R,F,RCDPHS

 

    4/2/2012 R Read 2nd & Rerefer

 

    4/3/2012 RCD Read 2nd & Rerefer;    4/3/2012 F Read 2nd & Rerefer

 

2. 4/10/2012 CO PH Read 2nd & Rereferred; R, F, RCD, PHS

 

 

Bill Summary           

Fact Sheet

 

The Council President has requested the Rules, Finance and RCD Committees to convene a joint meeting process as was done with the Downtown Investment Authority and Office of Economic Development bills.

 

DEFER

 

 

 

5.  2012-283

ORD-MC Repealing ORD 2011-399-E pertaining to var amendments to General Employees Retiremt Plan; Directing Chief of Leg Svcs to forward legislation to Municode. (Germany) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 5/8/12

 

1. 4/24/2012 CO  Introduced: R,F

 

    4/30/2012 R Read 2nd & Rerefer

 

    5/1/2012 F Read 2nd & Rerefer

 

2. 5/8/2012 CO PH Read 2nd & Rereferred; R, F

 

 

Bill Summary           

Fact Sheet

 

DEFER

 

 

6.  2012-382

ORD Amend Ord 2007-401-E by Approp $30,000,000 ($28,000,000 for Constrn & $2,000,000 Contingency) from Duval County Unified Courthouse Prog to Encumber for/& to Require Build-out of the State Attorney's Ofc in the Old Fed Courthouse; Request Emerg Apv. (Sidman) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 6/26/12, 7/2/12 (per CP), 7/24/12

 

1. 6/12/2012 CO  Introduced: R,F

 

    6/18/2012 R Read 2nd & Rerefer

 

    6/19/2012 F Read 2nd & Rerefer

 

2. 6/26/2012 CO PH Contd 7/2/12/ Read 2nd & Rereferred; R, F

 

3. 7/2/2012 CO PH Contd 7/24/12

 

   7/24/2012 CO PH Only

 

 

Bill Summary

 

 

DEFER

 

 

7.  2012-456

ORD Auth Chief of Real Estate to Execute a Communication Tower Lease with TowerCom III, LLC for Alberts Field at 12073 Brady Rd; Waive Sec 122.454 (Lease Fees) of Subpart E (Permits for Communication Antennas & Towers on City Propty), Part 2 (Real Propty), Chapt 122 (Public Propty), Ord Code; Provide Lease Fee Rate Ranging on $400/Mo & $700/Mo, with all other Terms of Lease Consistent with Subpart E & the Master Tower Lease Agreemt. (Reingold) (Introduced by CM Schellenberg)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 8/15/12 (Per Reso 2012-466-A)

 

1. 7/24/2012 CO  Introduced: R,TEU,F

 

    8/6/2012 TEU Read 2nd & Rerefer;    8/6/2012 R Read 2nd & Rerefer

 

    8/7/2012 F Read 2nd & Rerefer

 

2. 8/15/2012 CO PH Read 2nd & Rereferred; R, TEU, F

 

 

Council Member Schellenberg requested that the committee withdraw the bill.

 

WITHDRAW 6-0

 

 

8.  2012-501

ORD-MC Amend Chapt 106 (Budget & Acctg Code), Pt 3 (Approps), Sec 106.304 (Mayor's Transfer Power) to Limit Mayor's Transfer Power to $50,000 Annually into any Agcy, Nondept, or Dept Existing Object Line Item without Council Apv; Provide Sec 14.03 Charter Disclosures. (Rohan) (Introduced by CM Schellenberg)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 8/28/12

 

1. 8/15/2012 CO  Introduced: R,F

 

    8/20/2012 R Read 2nd & Rerefer

 

    8/21/2012 F Read 2nd & Rerefer

 

2. 8/28/2012 CO PH Read 2nd & Rereferred; R, F

 

 

Bill Summary

 

Council Member Schellenberg explained that he had agreed to an amendment to increase the maximum transfer amount from $50,000 to $500,000 as a more reasonable limit, and would like to see bi-weekly reporting of budget transfers by the administration to the Finance Committee.  In response to a question from Council Member Boyer about the definition of “project” or “purpose”, Assistant Council Auditor Janice Billy said that Council Auditor’s Office representatives attend the meetings of the Mayor’s Budget Review Committee and identify instances where there appear to be multiple transfers relating to what would reasonably be defined as a single project.  It’s a judgment call by the Auditor’s staff at present.  Council Member Boyer will meet with the Council Auditor’s staff and consider possible amendments.

 

AMEND/APPROVE 6-0 (Increase amt to $500,000 per specific purpose, project or issue; Admin to provide quarterly reports; “Auditor” change “into any agency” to “into agency”.

 

 

 

9.  2012-576

ORD-MC Amend Sec 118.803 (Public Svc Grant Council; Terms; Responsibilities), Ord Code. (Sidman) (Introduced by CM Gulliford)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/9/12

 

1. 9/25/2012 CO  Introduced: R

 

    10/1/2012 R Read 2nd & Rerefer

 

2. 10/9/2012 CO PH Read 2nd & Rereferred; R

 

 

 

Council Member Gulliford recommends that the PSG Council elect its own chairperson rather than the chair being appointed by the Mayor.  Council Member Crescimbeni believes the Public Service Grant and Cultural Service Grant processes should be handled uniformly with regard to appointments, selection of chairperson, and process for giving grants.  Council Member Boyer will be proposing emergency legislation at the next Council meeting to extend the deadline for the PSG Council to propose a set of priority populations to the City Council from November 15th to November 30th.  She also noted that the PSC Council has 2 vacancies to be filled by the Council President.  Council Member Schellenberg asked the Council’s and Mayor’s staffs to produce a list of all the currently vacant board and commission appointments.

 

AMEND/APPROVE 6-0 (Chair to be elected annually; Add purpose to bill title; “Council” s/b “City Council”.

 

 

 

10.  2012-578

ORD-MC Amend Chapt 30 (Planning & Dev Dept), Ord Code, to Combine Current Planning Div & Community Planning Div into one Div to be Known as Planning Svcs Div; Repealing Part 4 (Community Planning Div) of Chapt 30. (Sidman) (Introduced by CM Crescimbeni)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/9/12

 

1. 9/25/2012 CO  Introduced: R

 

    10/1/2012 R Read 2nd & Rerefer

 

2. 10/9/2012 CO PH Read 2nd & Rereferred; R

 

 

DEFER

 

 

 

11.  2012-579

ORD Amend Council Rule 1.103 (Method of Election of Officers), to Provide for Annual Alternation of Party Affiliation for the Council President. (Rohan) (Introduced by CM Brown)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/9/12

 

1. 9/25/2012 CO  Introduced: R

 

    10/1/2012 R Read 2nd & Rerefer

 

2. 10/9/2012 CO PH Read 2nd & Rereferred; R

 

 

Council Member Brown stated that the history of City Council presidents has not been reflective of the community at large, either racially or politically.  He introduced this bill to start a conversation and call attention to the inequities and the need for broader and more inclusive representation in Council leadership positions.  Council Members Lumb and Gulliford cautioned against injecting partisan politics into the City Council process and cited the Council’s usual history of collegial cooperation.

 

APPROVE 1-5 (FAILED) HOLT, BOYER, CRESCIMBENI, LOVE, YARBOROUGH)

 

 

12.  2012-580

RESO Supporting Naming the 37-Mile Island Encompassing the Jax Beaches Communities as San Pablo Island. (Jackson) (Introduced by CM Gulliford)

 

1. 9/25/2012 CO  Introduced: R

 

    10/1/2012 R Read 2nd & Rerefer

 

2. 10/9/2012 CO Read 2nd & Rereferred; R

 

 

Bill Summary

 

APPROVE 6-0

 

 

13.  2012-582

RESO Conf Appt of Michael J Jacobsen as Chief of Emerg Preparedness Div of Fire & Rescue Dept. (McCain) (Req of Mayor)

 

1. 9/25/2012 CO  Introduced: R

 

    10/1/2012 R Read 2nd & Rerefer

 

2. 10/9/2012 CO Read 2nd & Rereferred; R

 

 

Bill Summary

 

DEFER

 

 

14.  2012-583

RESO Conf Reappt of Erin Vance Skinner to Library Bd of Trustees, At-Large Dist 4, for 2nd Full Term exp 7/15/16. (Sidman) (Req of Mayor)

 

1. 9/25/2012 CO  Introduced: R

 

    10/1/2012 R Read 2nd & Rerefer

 

2. 10/9/2012 CO Read 2nd & Rereferred; R

 

 

Bill Summary

 

APPROVE 6-0

 

 

 

15.  2012-585

RESO Conf Reappt of Roland Udenze to Downtown Dev Review Bd as an Architect Owner Rep for 3rd Full Term exp 6/30/15. (Sidman) (Req of Mayor)

 

1. 9/25/2012 CO  Introduced: R

 

    10/1/2012 R Read 2nd & Rerefer

 

2. 10/9/2012 CO Read 2nd & Rereferred; R

 

 

Bill Summary

 

Mr. Udenze discussed his attendance record and explained that much of the problem was attributable to out-of-town travel for an architectural assignment in California, which is now complete.

 

Council Member Schellenberg requested a report from the Office of General Counsel about the possibility of board and commission members participating in meetings via teleconference if they are out of town.

 

AMEND/APPROVE 6-0 (Amend Term expiration s/b 6/30/14).

 

 

 

16.  2012-586

RESO Conf Reappt of John Nathaniel "Nate" Day to the Planning Comm as an At-Large Rep for 2nd Full Term exp 10/1/15. (Sidman) (Req of Mayor)

 

1. 9/25/2012 CO  Introduced: R

 

    10/1/2012 R Read 2nd & Rerefer

 

2. 10/9/2012 CO Read 2nd & Rereferred; R

 

 

Bill Summary

 

APPROVE 6-0

 

 

17.  2012-587

RESO Conf Appt of William R Bodie, Jr as an Electrical Contractor Rep to the Constrn Trades Qualifying Bd, Replacing Robert "Bobby" E Hazouri for 1st Full Term exp 9/30/15. (Sidman) (Req of Mayor)

 

1. 9/25/2012 CO  Introduced: R

 

    10/1/2012 R Read 2nd & Rerefer

 

2. 10/9/2012 CO Read 2nd & Rereferred; R

 

 

Bill Summary

 

APPROVE 6-0

 

 

18.  2012-588

RESO Reappt Dr Jose Zayas as Member of Health Planning Council of NE Fla, Inc, for 2nd Term exp 9/30/14. (Welsh) (Introduced by CP Bishop)

 

1. 9/25/2012 CO  Introduced: R

 

    10/1/2012 R Read 2nd & Rerefer

 

2. 10/9/2012 CO Read 2nd & Rereferred; R

 

 

Bill Summary

 

APPROVE 6-0

 

 

 

19.  2012-590

RESO Appt Michelle L Mahoney, P.E. as Member of Environmental Protection Bd, Replacing Terrell Shaw as a Registered Professional Engineer for a 1st Term exp 9/30/16. (Welsh) (Introduced by CP Bishop)

 

1. 9/25/2012 CO  Introduced: R

 

    10/1/2012 R Read 2nd & Rerefer

 

2. 10/9/2012 CO Read 2nd & Rereferred; R

 

 

Bill Summary

 

DEFER 

 

20.  2012-599

ORD to Determine Whether to Conduct a Public Hearing to consider Petition to Amend Boundary of the Tolomato Community Dev Dist; Request Emerg Apv; Waive Sec 92.14 (State Petitions), Chapt 92 (Uniform Community Dev Dists), Ord Code. (Reingold) (Introduced by Council President, Pursuant to Chapt 92, Ord Code)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/23/12

 

1. 10/9/2012 CO  Introduced: R,LUZ

 

 

Bill Summary

 

Dylan Reingold of the Office of General Counsel explained the history of the Tolomato Community Development District and why the City of Jacksonville has the option of whether or not to hold a public hearing on a proposed boundary change that only affects property in St. Johns County.

 

EMERG/APPROVE 6-0

 

 

21.  2012-600

RESO Commending & Thanking Chief Deputy General Counsel Steve Rohan on the Occasion of his Retirement. (Clements) (Introduced by CM Schellenberg, Jones, Bishop, Anderson, Boyer, Brown, Carter, Clark, Crescimbeni, Daniels, Gaffney, Gulliford, Holt, Joost, Lee, Love, Lumb, Redman & Yarborough)

 

1. 10/9/2012 CO  Introduced: R

 

 

APPROVE 6-0

 

 

 

 

 

22.  2012-621

ORD Supplementing Ord 2006-888-E, Auth Issuance of its Spec Rev Bonds in Amt Necessary for Refunding All or a Portion of Outstanding (1) Capital Projs Bonds, (2) Excise Taxes Bonds, (3) Guaranteed Entitlemt Bonds & (4) Local Govt Sales Tax Bonds; Provide that this Ord shall Constitute a Contract bet Issuer & Bondholders; Waive Provisions of Sec 104.211 (Procedure for Sale of Bonds), Ord Code, to Allow & Auth Awarding Sale of Bonds on a Limited Competitive Basis, Negotiated Basis, or as a Private Placemt as Provided Herein; Auth Acquisition of Debt Svc Rsv Fund Products re such Bonds if Necessary; Auth Acquisition of Credit Facilities if Necessary. (Greenberg Traurig, P.A.) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/23/12

 

1. 10/9/2012 CO  Introduced: R,F

 

 

Bill Summary

 

READ 2ND & REREFER

 

 

 

 

23.  2012-622

ORD Supplementing Ord 93-977-1392, as Amended & Supplemented; Auth Issuance of its Capital Improvemt Refunding Rev Bonds, Series 2012, to Refund All or a Portion of Outstanding (1) Capital Improvemt Rev Bonds, Series 1997 (Gator Bowl Proj, (2) Capital Improvemt Refunding & Rev Bonds, Series 1998 (Stadium Proj), (3) Capital Improvemt Rev Bonds, Series 2002A, (4) Capital Improvemt & Refunding Rev Bonds, Series 2002B & (5) Capital Improvemt & Refunding Rev Bonds, Series 2002C; Provide that this Ord shall Constitute a Contract bet Issuer & Bondholders; Waive Provisions of Sec 104.211 (Procedure for Sale of Bonds), Ord Code, to Allow & Auth Awarding Sale of Bonds on a Limited Competitive Basis, Negotiated Basis, or as a Private Placemt as Provided Herein; Auth Acquisition of Debt Svc Rsv Fund Products re such Bonds if Necessary; Auth Acquisition of Credit Facilities if Necessary; Provide Addnl Covenant to Enforce & Collect Pledged Revenues. (Greenberg Traurig, P.A.) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/23/12

 

1. 10/9/2012 CO  Introduced: R,F

 

 

Bill Summary

 

READ 2ND & REREFER

 

 

 

 

 

24.  2012-623

ORD-MC Amend Sec 614.138 (Certain Activities Prohibited; Definitions), Ord Code, to Enlarge Area known as the "Urban Core Enhancemt Area." (Gabriel) (Introduced by CM Gaffney)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/23/12

 

1. 10/9/2012 CO  Introduced: R,PHS

 

 

Bill Summary

 

READ 2ND & REREFER

 

 

 

 

25.  2012-624

RESO Auth Gen Counsel to Commence Litigation to Determine Legal Validity of Establishmt of the Police & Fire Pension Fund Senior Staff Voluntary Retiremt Plan. (Sidman) (Introduced by CM Crescimbeni)

 

1. 10/9/2012 CO  Introduced: R,F

 

 

Bill Summary

 

READ 2ND & REREFER

 

 

 

 

 

26.  2012-625

RESO Recognizing the Unique Quality of Owning an Electric & Water Authority; Encouraging Mayor to Direct the Procuremt Div to Issue a RFP for Sale of the JEA. (Sidman) (Introduced by CM Schellenberg)

 

1. 10/9/2012 CO  Introduced: R,TEU,F

 

 

Bill Summary

 

READ 2ND & REREFER

 

 

 

 

 

27.  2012-626

RESO Commemorating the Life & Achievements of Derya English Williams. (Jackson) (Introduced by CM Jones)

 

1. 10/9/2012 CO  Introduced: R

 

                                   APPROVE 6-0

 

Council Member Boyer announced that the Context Sensitive Streets Special Committee is meeting on the Wednesdays following City Council meetings at 4:00 p.m.  She asked Chairman Yarborough to keep that time in mind when scheduling the joint Rules/Finance/RCD meeting on 2012-213, since that is the time when the previous joint committee met for the other economic development legislation.

 

 

Minutes:  Jeff Clements, Council Research

                 10.16.12     Posted 9:00 a.m.

Tapes:      Rules meeting– LSD

                10.15.12

Materials:  Rules agenda

    10.15.12