OFFICE OF THE CITY COUNCIL

 

CHERYL L. BROWN                                                                                                         117 WEST DUVAL STREET, SUITE 425

            DIRECTOR                                                                                                                                                                                 4TH FLOOR, CITY HALL

   OFFICE (904) 630-1452                                                                                                                                                          JACKSONVILLE, FLORIDA  32202

     FAX (904) 630-2906                                                                                                                                                                                                              

  E-MAIL: CLBROWN@coj.net

 

 

Rules Committee Meeting Minutes

 

Monday April 2, 2012          10:00 A.M.

 

 

Council Chambers 1st Floor,  City Hall

Dana Farris, Chief of Legislative Services

 

 

William Bishop, Chair

Legislative Assistant:   Philip Zamarron

John Crescimbeni, Vice Chair

Attorney:                     Peggy Sidman

Lori Boyer

Research Asst:           Jeff Clements

Johnny Gaffney

Auditor:                        Sean Costigan & Janice Billy

Ray Holt

Administration:            Jessica Deal

Matt Schellenberg

 

Clay Yarborough

 

 

Meeting Convened 10:02 A.M.                       Meeting Adjourned 12:31 P.M.

 

 

 


Attendance:

 

Jerry Holland, Supv of Elections (2012-188)

Robert Phillips, SOE Office (2012-188)

Brandon Choy (2012-177)

Clifford Snell (2012-178)

Richard Tipping, Jr (2012-179)

Alisa Wilkes (2012-182)

Kelley Boree, Dir, Parks & Rec (2012-145)

Mia Jones, Mayor’s Ofc (2012-157)

Joe Whitaker (2012-171)

Ron Belton, CFO

Daphne Colbert, Mayor’s Ofc

Annette Hastings, TDC (2012-155)

Tony Bates – Concerned Taxpayers

Steve Patterson, Fla Times Union

 

NOTE:  The next regular meeting will be held April 16, 2012

 

Item/File No.

Title/History

 

 

1.  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

 

 

 

 

2.  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

 

 

 

3.  2012-103

RESO Conf Appt of Roland N.C. Udenze, Replacing Mai Dinh Keisling, to the Art in Public Places Comm as a Lay Citizen for Planning Dist 2, for 1st Full Term exp 12/31/14. (Sidman) (Req of Mayor)

 

1. 2/14/2012 CO  Introduced: R

 

    2/21/2012 R Read 2nd & Rerefer

 

2. 2/28/2012 CO Read 2nd & Rereferred; R

 

 

Bill Summary

 

WITHDRAW 7-0

 

 

 

4.  2012-116

RESO of Council Support for Local Bill J-1 for 2013 State Legislative Session, Amending Sec 22.02 (Membership) Article 22 (Jax Police & Fire Bd of Trustees), City Charter, Providing 3 Members instead of 2 shall be Apptd by City Council & Eliminates the Trustee Elected Member. (Rohan) (Introduced by CM Gulliford)

 

1. 2/14/2012 CO  Introduced: R

 

    2/21/2012 R Read 2nd & Rerefer

 

2. 2/28/2012 CO Read 2nd & Rereferred; R

 

 

Bill Summary

 

DEFER

 

 

 

5.  2012-131

RESO Conf Appt of Elaine D Spencer as Chief of Housing & Community Dev Div of the Neighborhoods Dept. (McCain) (Req of Mayor)

 

1. 2/14/2012 CO  Introduced: R

 

    2/21/2012 R Read 2nd & Rerefer

 

2. 2/28/2012 CO Read 2nd & Rereferred; R

 

 

Bill Summary

 

DEFER

 

 

 

 

 

 

6.  2012-145

ORD Approp $817,262 to move Salaries & Benefits for 6 Positions, with Revenue & Operating Budgets, from Admin-Spec Svcs Dept Fund to the Admin-Parks & Rec Dept Fund, due to City Reorg. (BT 12-044) (RC 12-055) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 3/13/12

 

1. 2/28/2012 CO  Introduced: R, F,RCDPHS

 

    3/6/2012 RCDPHS Read 2nd & Rerefer;    3/6/2012 F Read 2nd & Rerefer

 

2. 3/13/2012 CO PH Read 2nd & Rereferred; R, F, RCDPHS

 

 

Bill Summary            Fact Sheet

 

Boyer amendment: take the $36,883 (JCCI study and reduced auto allowance) proposed to be moved to the Mayor’s Executive Operating Contingency and place it in Parks Maintenance budget.

 

The committee discussed at length the process of the administrative reorganization (Phase 1 and Phase 2) and their desire not to enact reorganization items on a piecemeal basis.  A presentation was requested of the administration of where the reorganization process stands and what it planned for both the current fiscal year and the upcoming fiscal year. Jessica Deal stated that Deputy CAO Karen Bowling is meeting with department heads and will be holding a final reorganization workshop in early May, after which a presentation will be made to Council. .  Council Member Bishop noted that the mayor’s preliminary budget for FY12-13 is due very shortly in May. 

 

The committee discussed the Mayor’s budgetary transfer powers.   He may transfer up to $750,000 administratively within the General Fund via transfer directive (TD); amounts over $750,000 require a budgetary transfer (BT) with City Council approval.

 

Crescimbeni motion: Substitute - delete everything from the bill except the Boyer amendment re: allocation of the $36,883

 

SUB/APPROVE 7-0 (Change one of the fund transfers and delete remainder of bill)

 

 

 

 

7.  2012-155

RESO Appt Steven J Grossman as Member of Duval County Tourist Dev Council as a Tourist Industry Rep, Replacing Julie A Dion, for 1st Term exp 6/30/15. (Welsh) (Introduced by CP Joost)

 

1. 2/28/2012 CO  Introduced: R

 

    3/5/2012 R Read 2nd & Rerefer

 

2. 3/13/2012 CO Read 2nd & Rereferred; R

 

 

Bill Summary

 

APPROVE 3-4 (FAILED) (Bishop, Gaffney, Crescimbeni, Yarborough)

 

 

 

 

 

8.  2012-157

RESO Conf Appt of Vincent Cameron to the Civil Svc Bd, Replacing Ricky B Wallace, for 1st Full Term exp 6/30/14. (Sidman) (Req of Mayor)

 

1. 2/28/2012 CO  Introduced: R

 

    3/5/2012 R Read 2nd & Rerefer

 

2. 3/13/2012 CO Read 2nd & Rereferred; R

 

 

Bill Summary

 

DEFER

 

 

 

 

 

9.  2012-158

RESO Conf Appt of Lisa Strange Weatherby to the JEA, Replacing Jim Gilmore, for 1st Full Term exp 2/28/16. (Sidman) (Req of Mayor)

 

1. 2/28/2012 CO  Introduced: R

 

    3/5/2012 R Read 2nd & Rerefer

 

2. 3/13/2012 CO Read 2nd & Rereferred; R

 

 

Bill Summary

 

DEFER

 

 

 

 

10.  2012-159

RESO Conf Appt of Walter P Bussells to the JEA, Replacing Julian E Fant, III, for 1st Full Term exp 2/28/16. (Sidman) (Req of Mayor)

 

1. 2/28/2012 CO  Introduced: R

 

    3/5/2012 R Read 2nd & Rerefer

 

2. 3/13/2012 CO Read 2nd & Rereferred; R

 

 

Bill Summary

 

DEFER

 

 

 

 

11.  2012-171

ORD Auth Economic Dev Agreemt bet City, JEDC & Caterpillar Work Tools, Inc for Expansion of Operations; Recommending Apv by Fla Dept of Economic Opportunity as a QTI Business; City Support of $23,400 as Local Financial Support under QTI Tax Refund Prog & State Match of $93,600, a Total of $117,000 for 39 Jobs; Designate Oversight by JEDC; Timeline for Execution of Agreemt by Company; Waive Reso 2006-119-A, Public Investmt Policy, that Requires Average Wage of at least 115% of State or County Average Wage. (Rowland) (Request of JEDC)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 3/27/12

 

1. 3/13/2012 CO  Introduced: R,F,RCDPHS

 

    3/19/2012 R Read 2nd & Rerefer

 

    3/20/2012 RCDPHS Read 2nd & Rerefer;    3/20/2012 F Read 2nd & Rerefer

 

2. 3/27/2012 CO PH Read 2nd & Rereferred; R, F, RCDPHS

 

 

Bill Summary            Fact Sheet

 

 

Joe Whitaker of the JEDC described the project and Caterpillar Work Tools’ other location options.  Committee members asked numerous questions about JEDC’s process for verifying job creation and capital investment by incentive recipients.  Council Member Gaffney urged more commitment by incentive recipients to hire workers from within the Enterprise Zone and expressed dismay that the current administration seems solely concentrated on downtown development to the detriment of the rest of the city.

 

Council Members Holt, Boyer and Crescimbeni proposed amendments to require use of specific,  independently verifiable documents (such as tangible personal property tax records and state UC6 unemployment insurance forms) to document recipient compliance with incentive agreements.

 

AMEND/APPROVE 5-2 (Gaffney, Yarborough) (Add Contract Terms)

 

 

 

12.  2012-177

RESO Conf Appt of Brandon Nakoa Choy to the Art in Public Places Comm as a Cultural Council Rep, Replacing Allison Korman Shelton, for Unexp Term exp 12/31/12. (Sidman) (Req of Mayor)

 

1. 3/13/2012 CO  Introduced: R

 

    3/19/2012 R Read 2nd & Rerefer

 

2. 3/27/2012 CO Read 2nd & Rereferred; R

 

 

Bill Summary

 

APPROVE 7-0

 

 

 

 

13.  2012-178

RESO Conf Appt of Clifford Denmon Snell as a HAR Contractor to the Constrn Trades Qualifying Bd, Replacing John W Bentley for 1st Full Term exp 9/30/14. (Sidman) (Req of Mayor)

 

1. 3/13/2012 CO  Introduced: R

 

    3/19/2012 R Read 2nd & Rerefer

 

2. 3/27/2012 CO Read 2nd & Rereferred; R

 

 

Bill Summary

 

APPROVE 7-0

 

 

 

14.  2012-179

RESO Appt Richard A Tipping, Jr as Member of Bldg Codes Adjustmt Bd replacing Joseph R Frisco, Jr for Partial Term exp 9/30/13. (Welsh) (Introduced by CP Joost)

 

1. 3/13/2012 CO  Introduced: R

 

    3/19/2012 R Read 2nd & Rerefer

 

2. 3/27/2012 CO Read 2nd & Rereferred; R

 

 

Bill Summary

 

DEFER

 

 

 

15.  2012-182

RESO Appt Alisa D Wilkes as Member of Bldg Codes Adjustment Bd, Replacing Robert A Rubens for 1st Term exp 9/30/14. (Welsh) (Introduced by CP Joost)

 

1. 3/13/2012 CO  Introduced: R

 

    3/19/2012 R Read 2nd & Rerefer

 

2. 3/27/2012 CO Read 2nd & Rereferred; R

 

 

Bill Summary

 

DEFER

 

 

 

16.  2012-188

ORD Apv Revision of all Voting Precinct Boundaries in Duval County following Reapportionmt/Redistricting Amends set by Ord 2011-554-E; Apv Renumbering of all Voting Precincts; Apv Precinct Polling Place Locations for all Precincts; Provide for Precinct Maps on File & Online. (Rohan) (Req of Supv of Elections)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 3/27/12

 

1. 3/13/2012 CO  Introduced: R

 

    3/19/2012 R Read 2nd & Rerefer

 

2. 3/27/2012 CO PH Read 2nd & Rereferred; R

 

 

Bill Summary            Fact Sheet

 

Sean Costigan of the Council Auditor’s Office conveyed a request from the Supervisor of Elections for an amendment to add back 3 precincts (2 in District 8, 1 in District 7) to the 197 listed and to change 1 precinct location for the next election.

 

Supervisor of Elections Jerry Holland explained the process of drawing the new precincts and the reduction from 250 precincts to 197 (200 with the proposed amendment) for efficiency and cost savings purposes.  The committee discussed the number of precincts per district, which range from 13 to 18 (20 if the requested amendment is approved).  C/M Holt suggested basing number of precincts on the number of voters who actually turn out rather than total registration.   Mr. Holland said that voter turnout varies widely from precinct to precinct and election to election, and they have to plan prudently for the largest possible turnout so as not to inconvenience voters.

 

Amendment (Crescimbeni): restore the 1 requested precinct in District 7 – approved.

 

 

AMEND/APPROVE 7-0

 

 

 

17.  2012-197

ORD Naming the Green Space bet New Duval County Courthouse, Adams, Broad & Pearl Streets as "Law Enforcement Officer Memorial Square". (Sidman) (Introduced by CM Clark)

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

 

1. 3/27/2012 CO  Introduced: R,TEU

 

 

Bill Summary

 

READ 2ND & REREFER

 

 

18.  2012-198

ORD-MC Amend Sec 122.605 (Review, Amendmt, Adoption & Approp by City Council) of Part 6 (CIP) of Chapt 122 (Public Propty), Ord Code to Conform Code to Long Standing Practices re Amends to CIP. (Rohan) (Introduced by CM Gulliford)

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

 

1. 3/27/2012 CO  Introduced: R,F

 

 

Bill Summary

 

READ 2ND & REREFER

 

 

 

19.  2012-201

ORD Conf Appt of Twane Duckworth as City's Risk Manager; Waive Provision of Sec 24.402 (Div Chief) re 5 Yrs Experience in Insurance & Risk Mgmt Activities, Including Workers Comp, Automobile & Gen Liability Matters, at the Prof Level. (Sidman) (Req of Mayor)

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

 

1. 3/27/2012 CO  Introduced: R

 

 

Bill Summary

 

READ 2ND & REREFER

 

 

 

 

20.  2012-203

ORD-MC Amend Sec 22.02 (Membership) of Article 22 (Jax Police & Fire Pension Bd of Trustees), City Charter, to Provide that 3 instead of 2 shall be Apptd by City Council, Eliminating the Trustee Elected Bd Member; Providing for Unnamed Replacemt of Nathaniel Glover, Jr, for Unexp Term exp 10/15/14; Providing for Unnamed Replacemt of Barbara Jaffe for Unexp Term exp 12/1/14; Providing for Unnamed Replacemt of Peter D Sleiman for Remainder of Unexp Term exp 6/1/14. (Rohan) (Introduced by CM Crescimbeni & Gulliford)

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

 

1. 3/27/2012 CO  Introduced: R

 

 

Bill Summary

 

READ 2ND & REREFER

 

 

 

 

21.  2012-204

RESO Conf Appt of James M Robinson as Dir of Public Works Dept. (McCain) (Req of Mayor)

 

1. 3/27/2012 CO  Introduced: R

 

 

Bill Summary

 

READ 2ND & REREFER

 

 

 

22.  2012-205

RESO Conf Mayor's & Council Pres Reappt of Charles L Griggs as Member of Jax Journey Oversight Comm for 2nd Term exp 12/31/15. (Welsh) (Introduced by CP Joost & at Req of Mayor)

 

1. 3/27/2012 CO  Introduced: R

 

 

Bill Summary

 

READ 2ND & REREFER

 

 

 

23.  2012-206

RESO Conf Mayor's & Council Pres Reappt of Terrance Freeman as Member of Jax Journey Oversight Comm for 2nd Term exp 12/31/15. (Welsh) (Introduced by CP Joost & at Req of Mayor)

 

1. 3/27/2012 CO  Introduced: R

 

 

Bill Summary

 

READ 2ND & REREFER

 

 

 

 

 

24.  2012-207

RESO Honoring & Congratulating the Bolles Bulldogs Football Team on Winning the Class 4A State Football Championship, the Bulldogs' 11th State Title. (Clements) (Introduced by CM Joost & Crescimbeni) (Sponsored by CM Carter)

 

1. 3/27/2012 CO  Introduced: R

 

 

Bill Summary

 

APPROVE 7-0

 

 

 

 

 

25.  2012-208

RESO Declaring May 2012 as Asian-American & Pacific Islander Heritage Month. (Clements) (Introduced by CM Crescimbeni)

 

1. 3/27/2012 CO  Introduced: R

 

 

Bill Summary

 

APPROVE 7-0

 

 

 

 

 

26.  2012-210

RESO Honoring & Commending Jax Attorneys William J Sheppard, Lyman T Fletcher, Jack G Hand, Jr, Henry Lee Adams, Jr & Hugh Carithers for Forming Florida's 1st Integrated Law Practice in 1972. (Jackson) (Introduced by CM Jones & Co-sponsored by CM Crescimbeni)

 

1. 3/27/2012 CO  Introduced: R

 

 

Bill Summary            Fact Sheet

 

APPROVE 7-0

 

 

 

 

27.  2012-211

RESO Commemorating the Life & Mourning the Loss of Episcopal Head of School Dale Regan. (Clements) (Introduced by CM Redman & Co-sponsored by CM Crescimbeni)

 

1. 3/27/2012 CO  Introduced: R

 

 

Bill Summary

 

AMEND/APPROVE 7-0 (Council Sponsorship)

 

 

 

 

28.  2012-212

ORD-MC Repealing Article 24 (the JEDC), City Charter, Chapt 55 (Economic Dev), Ord Code & Sec 516.101 (Downtown Dev Agcy Boundaries; Recreating Chapt 55 (Economic Dev); Amend Sec 111.155 (Sports & Entertainmt Bd Trust Fund); Create New Secs 111.640 (Redev Trust Fund of Jax Downtown Investmt Authority Trust) & 111.645 (Economic Dev Closing Fund); Amend Sec 250.514 (Requiremts for Plans & Specifications); Amend Secs 656.314 (Central Business Dist) & 656.321 (Business Park Category); Providing for Approval of an Economic Dev Agreemt & a Ground-Lease Agreemt; Approp $1,000,000 to Effectuate this Ord; Amend Sec 17.06 (Applicability of Civil Svc Syst to Employees of Consolidated Govt) of Article 17 (Civil Svc) to Correct Civil Svc Exemptions; Providing for Organizational Chart for Economic Dev. (BT 12-059) (Laquidara) (Req of Mayor)

LUZ PH Pursuant to Sec 656.123 - 4/17/12

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

 

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

 

 

Bill Summary            Fact Sheet

 

READ 2ND & REREFER

 

 

 

 

29.  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

 

Bill Summary            Fact Sheet

 

READ 2ND & REREFER

 

 

Council Member Holt discussed the City’s recently released RFP for a public facilities operator and noted that it included the Equestrian Center in the list of facilities to be managed, despite the Council’s decision in adopting the current year’s budget to seek an independent operator for that facility at no cost to the City (i.e. a local not-for-profit organization).  The current SMG contract is a cost-plus contract and if that’s what the new RFP calls for, that would not meet the Council’s intent for the Equestrian Center.  Council Member Crescimbeni questioned why the administration issued the RFP when the work of the Finance Audit Subcommittee and Council Auditor’s Office on the SMG contract are not complete and their findings are not available to inform the drafting of the RFP.  He also questioned the 28 day response deadline and whether that offers a fair opportunity for interested companies to prepare a proper response.  

 

CFO Ronnie Belton stated that the administration wants to see what the marketplace has to offer and prefers not to bid the venues out separately.  They want to see what a comprehensive operator has to offer first before making any venue-specific decisions.  He did note that the Jacksonville Jaguars have a contractual right to participate in the selection of the operator of EverBank Field, so that part of the process will necessarily be somewhat different than that for the other facilities.  The City held a pre-REP conference last week and got relatively little discussion or questions from potential responders.  There are relatively few companies with the size and experience to handle a portfolio of facilities like the City has to manage and they are the big names in the management field.  Twenty eight days is sufficient for those experienced companies to prepare a successful response.

 

Council Member Schellenberg urged the administration to open up the process and seek a broader range of proposers.  Alternatively, the City should also consider the option of hiring staff and taking the venue management function back in-house as it did before SMG was hired in the early 1990s.  Council Member Holt repeated his request to break out the Equestrian Center from the other venues and consider its management separately.  Council Member Crescimbeni requested a General Counsel’s opinion on the ability of the City to issue a separate stand-alone RFP for management of the Equestrian Center while the current RFP includes it in the full list of 6 venues for which proposals are sought.  If that can be done separately and simultaneously, then he is prepared to offer a resolution to that effect.

 

Council Member Schellenberg asked why Peter Sleiman is still on the Police and Fire Pension Fund board despite being ineligible to serve due to non-residency and urged the Rules Committee to take action to see that he is removed.  Council Member Crescimbeni noted that he and Council Member Gulliford have filed legislation that would remove and replace all three Council President appointees to the board.

 

 

Minutes:  Jeff Clements, Council Research Division

                4.3.12          Posted 11:00 a.m.

Tapes:      Rules meeting– LSD

                 4.2.12

Materials:  Rules agenda

    4.2.12