RULES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

September 16,2013

 

WARREN JONES, 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 16,2013.  The meeting was called to order at 9:06 A.M. by Committee Chair Warren Jones.  The meeting was adjourned at 11:00

 

 

 

Members in Attendance:                                                    Staff Attendance:

                 

                       CM Warren Jones, Chair                                                 Marilyn Allen, Legislative Aide

                       CM Doyle Carter, Vice Chair- Arrived 9:20                       Janice Billy, Asst. Auditor

                       CM Bill Bishop                                                                Sean Costigan, Auditor

                       CM Lori Boyer                                                               Jeff Clements, Chief of Research

                       CM Richard Clark – Left 10:50                                         Teresa Eichner, Administration

                       CM E. Denise Lee - Excused                                          Peggy Sidman, Attorney

                       CM Don Redman – Arrived 9:35

                       

 

 

 

 

Others in Attendance:

 

CM Schellenberg (13-578, 581, 451 & 523)

CM Brown (13-372 & 373)

Jack Shad (13-554)

Mia Jones

Jason Teal (13-555)

Gayle Petrie (13-532)

Robert Glaeser (13-554)

Michelle Riddle (13-554)

Grady Braddock Jr (13-554)

Rachel Holt (13-554)

Marty Fiorention (13-554)

Jeff Waltson (13-552)

Joe Stelma (13-600)

 

1.    2013-574   A RESOLUTION APPOINTING KEVIN MONAHAN, A DUVAL COUNTY RESIDENT, AS A MEMBER OF THE PUBLIC SERVICE GRANT COUNCIL, PURSUANT TO CHAPTER 118, ORDINANCE CODE, FOR AN INITIAL TERM EXPIRING DECEMBER 31, 2013, FOLLOWED BY A FIRST FULL TERM EXPIRING DECEMBER 31, 2016; PROVIDING AN EFFECTIVE DATE; 9/3/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: September 16, 2013

 

Recommend to APPROVE.

 

AYES - Bishop, Boyer, Clark, Jones, ( 4 )

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2.    2013-578   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF SAMMY MILLER, A DUVAL COUNTY RESIDENT, TO THE JACKSONVILLE HUMAN RIGHTS COMMISSION, PURSUANT TO CHAPTER 60, ORDINANCE CODE, FILLING A SEAT FORMERLY HELD BY C. PETER GOPLERUD, III, FOR A PARTIAL TERM TO EXPIRE ON DECEMBER 31, 2014; PROVIDING AN EFFECTIVE DATE; 9/3/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: September 16, 2013

 

Recommend to APPROVE.

 

AYES - Bishop, Boyer, Clark, Jones, ( 4 )

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3.    2013-579   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF VICTORIA BRYANT-RIGGINS, A DUVAL COUNTY RESIDENT, TO THE JACKSONVILLE HUMAN RIGHTS COMMISSION, PURSUANT TO CHAPTER 60, ORDINANCE CODE, FILLING A SEAT FORMERLY HELD BY MARIA TAYLOR, FOR A FIRST FULL TERM TO EXPIRE DECEMBER 31, 2014; PROVIDING AN EFFECTIVE DATE; 9/3/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: September 16, 2013

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Boyer, Clark, Jones, ( 4 )

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4.    2013-580   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF LARA K. DIETTRICH, A DUVAL COUNTY RESIDENT, TO THE PLANNING COMMISSION, REPRESENTING PLANNING DISTRICT 5, REPLACING PABLO FERRARI, PURSUANT TO CHAPTER 30, ORDINANCE CODE, FOR A FIRST FULL TERM TO EXPIRE OCTOBER 1, 2016; PROVIDING AN EFFECTIVE DATE

; 9/3/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: September 16, 2013

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Boyer, Clark, Jones, ( 4 )

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5.    2013-372   AN ORDINANCE AMENDING CHAPTER 51 (JACKSONVILLE CHILDREN'S COMMISSION), PART 1 (GENERAL), SECTION 51.107 (EXECUTIVE DIRECTOR; EMPLOYEES), ORDINANCE CODE, TO REQUIRE THE EXECUTIVE DIRECTOR BE APPOINTED BY THE MAYOR AND CONFIRMED BY COUNCIL, AND ALLOWING THE EXECUTIVE DIRECTOR TO MANAGE THE AFFAIRS OF THE COMMISSION; PROVIDING AN EFFECTIVE DATE; 6/17/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: June 18, 2013

 

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

 

REPORT OF THE COMMITTEE ON RULES: September 16, 2013

 

Recommend  to WITHDRAW.

 

AYES - Bishop, Boyer, Carter, Clark, Jones, Redman, ( 6 )

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6.    2013-373   AN ORDINANCE AMENDING CHAPTER 250 (MISCELLANEOUS BUSINESS REGULATIONS), PART 1 (IN GENERAL), TO ADD SECTION 250.124 (PENALTY TO PROPERTY OWNER WHO ALLOWS PERSONS ONTO HIS OR HER PROPERTY TO VEND WITHOUT PROPER PERMIT), ORDINANCE CODE, TO CREATE AN OBLIGATION AND TO AUTHORIZE PENALTIES FOR PROPERTY OWNERS WHO ALLOW VENDORS TO OCCUPY AND VEND ON PRIVATE PROPERTY WITHOUT OBTAINING A TRANSIENT VENDOR PERMIT OR OTHER APPROPRIATE PERMIT, AS REQUIRED BY CHAPTER 250, ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE; 6/17/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: June 18, 2013

 

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

 

REPORT OF THE COMMITTEE ON RECREATION & COMMUNITY DEVELOPMENT: June 18, 2013

 

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

 

REPORT OF THE COMMITTEE ON RULES: September 16, 2013

 

Recommend to SUBSTITUTE and APPROVE.

 

AYES - Bishop, Boyer, Carter, Clark, Jones, Redman, ( 6 )

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7.    2013-532   AN ORDINANCE APPROVING A NON-EXCLUSIVE NATURAL GAS FRANCHISE AGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND PEOPLES GAS SYSTEM, A DIVISION OF TAMPA ELECTRIC COMPANY, TO ALLOW THE USE OF THE RIGHTS-OF-WAY OF THE CITY OF JACKSONVILLE, FLORIDA; AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE AND DELIVER DOCUMENTS AND TAKE FURTHER ACTION TO EFFECTUATE THE PURPOSE OF THIS ORDINANCE; WAIVING CHAPTER 711 (CITY RIGHTS-OF-WAY), ORDINANCE CODE, TO ALLOW FRANCHISE AGREEMENT TO SUPERCEDE AND OTHERWISE BE EXCEPTED FROM CHAPTER 711 AND WAIVES THE APPLICATION OF CHAPTER 711 TO THE COMPANY AND ITS USE OF THE CITY RIGHTS-OF-WAY; PROVIDING AN EFFECTIVE DATE; 8/19/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 20, 2013

 

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

 

REPORT OF THE COMMITTEE ON RULES: September 16, 2013

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Boyer, Carter, Clark, Jones, Redman, ( 6 )

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8.    2013-555   AN ORDINANCE RELATING TO DEMOLITION APPLICATIONS FOR POTENTIAL LANDMARK STRUCTURES; AMENDING CHAPTER 320 (GENERAL PROVISIONS), PART 4 (PERMITS), ORDINANCE CODE; AMENDING SECTION 320.407 (DEMOLITION) TO REQUIRE DETERMINATIONS ON LANDMARK STATUS TO OCCUR AT THE SAME MEETING AS THE DETERMINATION ON A DEMOLITION APPLICATION PERTAINING TO A POTENTIAL LANDMARK STRUCTURE AND CLARIFYING THAT DENIAL OF LANDMARK STATUS BY THE HISTORIC PRESERVATION COMMISSION AUTOMATICALLY ISSUES THE ASSOCIATED DEMOLITION PERMIT APPLICATION; PROVIDING AN EFFECTIVE DATE; 9/3/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: September 04, 2013

 

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

 

REPORT OF THE COMMITTEE ON RULES: September 16, 2013

 

Recommend to APPROVE.

 

AYES - Bishop, Boyer, Carter, Jones, Redman, ( 5 )

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9.    2013-573   AN ORDINANCE RENAMING THE PROPERTY LOCATED AT 404 JACKSON ROAD, JACKSONVILLE, FLORIDA 32225, LOCATED IN COUNCIL DISTRICT 2, TO "ARCHIE R. DICKINSON PARK"; PROVIDING AN EFFECTIVE DATE; 9/3/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RECREATION & COMMUNITY DEVELOPMENT: September 04, 2013

 

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

 

REPORT OF THE COMMITTEE ON RULES: September 16, 2013

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Boyer, Carter, Jones, Redman, ( 5 )

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10.    2013-585   A RESOLUTION CONFIRMING THE MAYOR'S REAPPOINTMENT OF ERNEST "ERNIE" ISAAC, JR., A DUVAL COUNTY RESIDENT, TO THE JACKSONVILLE AVIATION AUTHORITY, PURSUANT TO ARTICLE 4, JACKSONVILLE CHARTER, FOR A SECOND FULL TERM TO EXPIRE SEPTEMBER 30, 2017; PROVIDING AN EFFECTIVE DATE.; 9/3/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: September 16, 2013

 

Recommend to APPROVE.

 

AYES - Bishop, Boyer, Carter, Jones, Redman, ( 5 )

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11.    2013-586   A RESOLUTION CONFIRMING THE REAPPOINTMENT OF KATHERINE S. CARITHERS AS A MEMBER OF THE DUVAL COUNTY ELECTION ADVISORY PANEL, PURSUANT TO CHAPTER 59, ORDINANCE CODE, FOR A SECOND TERM ENDING APRIL 16, 2016; PROVIDING AN EFFECTIVE DATE; 9/3/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: September 16, 2013

 

Recommend to APPROVE.

 

AYES - Bishop, Boyer, Carter, Jones, Redman, ( 5 )

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12.    2013-618   A RESOLUTION CONGRATULATING AND COMMENDING ATLANTIC BEACH MAYOR MIKE BORNO ON HIS RECEIPT OF THE FLORIDA LEAGUE OF CITIES' "HOME RULE HERO AWARD"; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

AYES - Bishop, Boyer, Carter, Jones, Redman, ( 5 )

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13.    2013-619   A RESOLUTION HONORING AND COMMENDING TIMOTHY LANGSTON SINCLAIR ON BEING NAMED THE 2013 NATIONAL AAA SCHOOL SAFETY PATROLLER OF THE YEAR; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

AYES - Bishop, Boyer, Carter, Jones, Redman, ( 5 )

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14.    2013-622   A RESOLUTION DECLARING OCTOBER 4, 2013 AS FLORIDA MANUFACTURING DAY IN JACKSONVILLE; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

AYES - Bishop, Boyer, Carter, Jones, Redman, ( 5 )

_____________________

 

 

 

 

2ND READINGS

 

 

15.    2013-590   AN ORDINANCE AMENDING SECTION 656.1205 (REMOVAL OF PROTECTED TREES PROHIBITED; EXCEPTIONS), PART 12 (LANDSCAPE AND TREE PROTECTION REGULATIONS), SUBPART B (TREE PROTECTION), CHAPTER 656 (ZONING CODE), ORDINANCE CODE, TO DELETE PERMIT REQUIREMENTS FOR BONA FIDE AGRICUTURAL PURPOSES AND TO ADD A NEW SUBSECTION STATING THAT BONA FIDE AGRICULTURAL PURPOSES ARE EXEMPT FROM PERMIT REQUIREMENTS PURSUANT TO SECTION 193.461, FLORIDA STATUTES;  PROVIDING AN EFFECTIVE DATE

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16.    2013-591   AN ORDINANCE RELATING TO THE COUNCIL RULES; AMENDING CHAPTER 3 (LEGISLATION), RULE 3.901 (LEGISLATION REGARDING ECONOMIC DEVELOPMENT), COUNCIL RULES, TO PROVIDE FOR PUBLIC COMMENT PRIOR TO COUNCIL TAKING ACTION ON CERTAIN ECONOMIC DEVELOPMENT INCENTIVE LEGISLATION AFTER ONE (1) OR TWO (2) READINGS; AMENDING CHAPTER 4 (PROCEDURES), RULE 4.301 (REGULAR ORDER OF BUSINESS), COUNCIL RULES, TO MOVE THE ORDER OF BUSINESS SO THAT PUBLIC COMMENTS UPON RESOLUTIONS ON FIRST OR SECOND READING, REGARDING ECONOMIC DEVELOPMENT INVESTMENT INCENTIVES AND RELATED CONTRACTS, AGREEMENTS AND APPROPRIATIONS AND ACTION UPON RESOLUTIONS ON FIRST OR SECOND READING, REGARDING ECONOMIC DEVELOPMENT INVESTMENT INCENTIVES AND RELATED CONTRACTS, AGREEMENTS AND APPROPRIATIONS ARE PRIOR TO COMMENTS FROM THE PUBLIC; PROVIDING AN EFFECTIVE DATE

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17.    2013-600   AN ORDINANCE APPROPRIATING $143,595 ($132,995 FROM OFFICE OF GENERAL COUNSEL AND $10,600 FROM COURT ADMINISTRATION PROFESSIONAL SERVICES) TO THE COURT ADMINISTRATION FOR CREATION AND FUNDING OF A CITY MAGISTRATE POSITION; APPROPRIATING $129,367 FROM JUVENILE ALTERNATIVE PROGRAM SALARIES AND BENEFITS TO A RESERVE ACCOUNT WITHIN JUVENILE ALTERNATIVE PROGRAM AND THE ELIMINATION OF THE ASSOCIATED POSITION; REQUESTING ONE CYCLE EMERGENCY PASSAGE; PROVIDING A PROSPECTIVE EFFECTIVE DATE OF OCTOBER 1, 2013; PROVIDING AN EFFECTIVE DATE

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18.    2013-604   AN ORDINANCE WITHDRAWING, WITH A REFUND OF APPLICATION FEES, APPLICATION NUMBER 2013C-003, A SMALL-SCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES OF THE 2030 COMPREHENSIVE PLAN CHANGING THE DESIGNATION FROM RESIDENTIAL PROFESSIONAL INSTITUTIONAL (RPI) TO NEIGHBORHOOD COMMERCIAL (NC) ON APPROXIMATELY 0.27   ACRES OF LAND LOCATED IN COUNCIL DISTRICT 9 AT 2063 GILMORE STREET ON THE NORTHEASTERN CORNER OF GOODWIN STREET AND GILMORE STREET (R.E. NO(S). 091591-0000) AND OWNED BY BLACK HIVE TATTOO, LLC; PROVIDING AN EFFECTIVE DATE

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19.    2013-606   AN ORDINANCE DECLARING THAT CERTAIN PARCEL OF REAL PROPERTY (R.E. NUMBER 083315-2000) LOCATED BETWEEN CHURCH STREET EAST AND DUVAL STREET EAST IN THE BLOCK JUST WEST OF PALMETTO STREET, IN COUNCIL DISTRICT 7, TO BE SURPLUS TO THE NEEDS OF THE CITY; AUTHORIZING ITS SALE AND AUTHORIZING THE MAYOR AND THE CORPORATION SECRETARY TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY FOR SUCH SALE IN ACCORDANCE WITH THE PROVISIONS OF SUBPART B (REAL PROPERTY DISPOSITIONS), PART 4 (REAL PROPERTY), CHAPTER 122 (PUBLIC PROPERTY), ORDINANCE CODE; WAIVING THE PROVISIONS OF SECTION 122.423 (APPRAISAL AT OR BELOW $25,000) OF CHAPTER 122 (PUBLIC PROPERTY), ORDINANCE CODE, SO AS TO ALLOW CONVEYANCE OF SAID PARCEL OF REAL PROPERTY TO HUBBARD HOUSE, INC. AT NO COST; PROVIDING AN EFFECTIVE DATE

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20.    2013-613   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF EDWARD M. BOOTH, JR., TO THE JACKSONVILLE AVIATION AUTHORITY, REPLACING CYRUS M. JOLLIVETTE,  PURSUANT TO ARTICLE 4, PART B OF THE CHARTER, FOR AN UNEXPIRED TERM TO EXPIRE SEPTEMBER 30, 2015; PROVIDING AN EFFECTIVE DATE

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21.    2013-614   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF DANIEL F. ALBERT, A DUVAL COUNTY RESIDENT AND A BANKING INDUSTRY REPRESENTATIVE, AS A MEMBER OF THE JACKSONVILLE HOUSING AND COMMUNITY DEVELOPMENT COMMISSION, FILLING A SEAT FORMERLY HELD BY BURSEY ARMSTRONG, PURSUANT TO CHAPTER 35, ORDINANCE CODE, FOR A FIRST FULL TERM ENDING NOVEMBER 30, 2016; PROVIDING AN EFFECTIVE DATE

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22.    2013-615   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF SUSAN LISA KING, A DUVAL COUNTY RESIDENT, TO THE JACKSONVILLE HOUSING AND COMMUNITY DEVELOPMENT COMMISSION, REPRESENTING THE LOCAL PLANNING AGENCY, FILLING A SEAT FORMERLY HELD BY MEREDITH HINES, PURSUANT TO CHAPTER 35, ORDINANCE CODE, FOR A FIRST FULL TERM TO EXPIRE NOVEMBER 30, 2015; PROVIDING AN EFFECTIVE DATE

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23.    2013-616   A RESOLUTION CONFIRMING THE MAYOR'S REAPPOINTMENT OF JERRY FRILEY, A DUVAL COUNTY RESIDENT, TO THE PLANNING COMMISSION AS AN AT-LARGE REPRESENTATIVE, PURSUANT TO CHAPTER 30, ORDINANCE CODE, FOR A SECOND FULL TERM TO EXPIRE OCTOBER 1, 2016; PROVIDING AN EFFECTIVE DATE

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24.    2013-617   A RESOLUTION REAPPOINTING TERRY R. WOOD AS A MEMBER OF THE BOARD OF TRUSTEES OF THE JACKSONVILLE RETIREMENT SYSTEM, AS A CITIZEN TRUSTEE, PURSUANT TO CHAPTER 120, ORDINANCE CODE, FOR A SECOND TERM ENDING OCTOBER 22, 2016; PROVIDING AN EFFECTIVE DATE

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25.    2013-620   A RESOLUTION CONFIRMING THE MAYOR'S REAPPOINTMENT OF ANTHONY S. ROBBINS, A DUVAL COUNTY RESIDENT, TO THE PLANNING COMMISSION, PLANNING DISTRICT 2, PURSUANT TO CHAPTER 30, ORDINANCE CODE, FOR A SECOND FULL TERM TO EXPIRE OCTOBER 1, 2016; PROVIDING AN EFFECTIVE DATE

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