CN::
RULES COMMITTEE
MEETING MINUTES
Monday,
April 15, 2013 |
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10:00
AM |
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Council
Chambers 1st Floor, City
Hall |
Dana
Farris, Chief
of Legislative Services |
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|
Clay
Yarborough, Chair |
Legislative
Aide: Marilyn Allen |
Ray
Holt, Vice Chair |
Administration:
Michelle Barth |
Lori
Boyer |
Attorney:
Peggy Sidman/Paige Johnston |
John
Crescimbeni |
Council
Auditor’s Office: Janice Billy |
Warren
Jones, Excused |
Council
Auditor’s Office: Sean Costigan |
Jim
Love |
Chief
of Research: Jeff Clements |
Robin
Lumb |
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Meeting Convened 10:03
AM Meeting
Adjourned 1:05 PM
If a person decides to appeal any decision made by the
Council with respect to any matter considered at such meeting, such person will
need a record of the proceedings, and for such purpose, such person may need to
ensure that a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based.
Attendance:
C/P
Bishop (2013-157)
C/M
Brown (2013-164)
C/M
Gulliford (2013-157)
Cindy
Laquidara, General Counsel, Office of General Counsel (2013-157
Karen
Bowling, Chief Admin Officer, Mayor’s Office
Tracey
Watkins, Chief of Employee & Labor Relations
Cherry
Shaw, Attorney, Office of General Counsel
Gail
Hill, Manager of Personnel Svcs Employee Relations
Michelle
Tappouni, Environmental Protection Board
Scott
Trebatoski, Div Chief, Animal Care & Protection Svcs (2013-164)
Item/File
No. |
Title/History |
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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) (Co-Sponsored by C/M Johnson) |
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1. 6/28/2011 CO
Introduced: R |
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7/18/2011 R Read
2nd & Rerefer |
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2. 7/26/2011 CO Read 2nd & Rereferred; R |
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Bill Summary DEFER |
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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 & Co-sponsored by CM Johnson) Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601
- 7/26/11 |
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1. 6/28/2011 CO
Introduced: R |
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7/18/2011 R Read
2nd & Rerefer |
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2. 7/26/2011 CO PH Read 2nd & Rereferred; R |
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Bill Summary DEFER |
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3.
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; Amend Sec 655.502 (Definitions) to Correct Reference of Community
Planning Div to Planning Svcs Div. (Sidman) (Introduced by CM Crescimbeni) Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601
- 10/9/12 |
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1. 9/25/2012 CO
Introduced: R |
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10/1/2012 R Read
2nd & Rerefer |
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2. 10/9/2012 CO PH Read 2nd & Rereferred; R |
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12/3/2012 R
Amend/Approve 7-0 |
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3. 12/11/2012 CO AMENDED/Rereferred; R, LUZ |
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DEFER |
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4.
2012-730 |
ORD Approp $6,000,000 ($2,247,000 from Gateway Projs - SOE
Purchase Gateway Ofcs, $2,762,097 from Banking Funds, $792,556 from Supv of
Elections (SOE) - Elections, & $198,347 from SOE - Registration) to
Design & Construct a new SOE Bldg in LaVilla at 816 W Union St; Amend
2012-435-E Banking Fund Increasing Principal Amt of Banking Funds Bonds Auth
to Issue by $2,762,097 for new Proj "Supv of Elections Ofc -
Consolidated at La Villa"; Amend Ord 2012-434-E (CIP) to Auth said Proj;
Provide for Proceeds of Sale of SOE Bldg at 105 E Monroe St to be used to
Repay the Banking Fund; Designating Dept Oversight. (Sidman) (Introduced by
CM Yarborough & Co-sponsored by CM's Love, Holt, Redman, Carter, Lee,
Lumb, Joost, Gulliford & Clark) Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601
- 1/8/13 |
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1. 12/11/2012 CO
Introduced: R,F |
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1/2/2013 R
Sub/Read 2nd & Rerefer 6-0 |
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1/3/2013 F
Sub/Read 2nd & Rerefer 7-0 |
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2. 1/8/2013 CO PH SUBSTITUTED/Read 2nd & Rereferred;
R, F |
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DEFER |
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5.
2012-732 |
RESO Urging Mayor, as Apvd by the Hemming Plaza
Subcommittee, to Immediately Remove Tables & Chairs from Hemming Plaza.
(Johnston) (Introduced by CM Redman) |
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1. 12/11/2012 CO
Introduced: R,RCD |
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1/2/2013 R Read
2nd & Rerefer |
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1/3/2013 RCD
Read 2nd & Rerefer |
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2. 1/8/2013 CO Read 2nd & Rereferred; R, RCD |
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Bill Summary DEFER |
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6.
2013-73 |
RESO Conf Appt of Nelson Wyman Calvin Winbush, II to JEA,
Replacing M. Ashton Hudson for 1st Full Term exp 2/28/17. (Sidman) (Req of
Mayor) |
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1. 1/22/2013 CO
Introduced: R |
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2/4/2013 R Read
2nd & Rerefer |
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2. 2/12/2013 CO Read 2nd & Rereferred; R |
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Bill Summary APPROVE 6-0 |
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7.
2013-118 |
ORD Auth Lease Agreemt with Terranova Inc for Space No.
23-2 at 5200-2 Norwood Ave for 10 Yrs with Initial Annual Lease of $24,583.33
with 3% Annual Increase. (Sidman) (Introduced by CM Crescimbeni &
Sponsored by CM's Clark & Lumb) Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601
- 2/26/13 |
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1. 2/12/2013 CO
Introduced: R,F,TEU |
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2/19/2013 TEU
Read 2nd & Rerefer; 2/19/2013 R
Read 2nd & Rerefer |
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2/20/2013 F Read
2nd & Rerefer |
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2. 2/26/2013 CO PH Read 2nd & Rereferred; R, F, TEU |
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DEFER |
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8.
2013-121 |
ORD-MC Amend Secs 780.403 (Addnl Homestead Exemption
Authorized) & 780.404 (Annual Adjustmt to Household Income), Chapt 780
(Propty Tax), Ord Code; Directing Distribution of Ord. (Sidman) (Introduced
by CM Carter) Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601
- 3/12/13 |
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1. 2/26/2013 CO
Introduced: R,F |
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3/4/2013 R Read
2nd & Rerefer |
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3/5/2013 F Read
2nd & Rerefer |
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2. 3/12/2013 CO PH Read 2nd & Rereferred; R, F |
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Bill Summary DEFER |
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9.
2013-157 |
ORD-MC Amend Sec 129.112 (Council Related Salaries), Chapt
129 (Salaries of Public Officials & Employees). (Sidman) (Introduced by
CP Bishop) Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601
- 3/26/13 |
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1. 3/12/2013 CO
Introduced: R,F |
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3/18/2013 R Read
2nd & Rerefer |
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3/19/2013 F Read
2nd & Rerefer |
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2. 3/26/2013 CO PH Read 2nd & Rereferred; R, F |
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Bill Summary The committee engaged in considerable discussion with
attorneys Cindy Laquidara and Peggy Sidman about how the Government in the
Sunshine Law applies to personnel matters and how the current ordinance
applies to discussions of the Council Secretary, Council Auditor and either
the Personnel Committee or the Executive Committee regarding employee
salaries, discipline, and other personnel matters. The committee was told by the attorneys
that the “shade” exemptions from the Sunshine Law only applies to collective
bargaining matters and labor relations strategy, not to individual employee
matters, and that the Sunshine Law applies to all matters of public business,
regardless of whether the end result is a corporate vote or simple guidance
and direction. APPROVE 5-2
(CRESCIMBENI & LOVE)
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10.
2013-164 |
ORD-MC Amend Chapt 462 (Animals), Part 2 (Cruelty to or
Neglecting Animals), Sec 462.204 (Restrain by Tethering), Ord Code, Amending
Requiremts for Tethering of Animals. (Johnston) (Introduced by CM Brown) Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601
- 3/26/13 |
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1. 3/12/2013 CO
Introduced: R,PHS |
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3/18/2013 PHS
Read 2nd & Rerefer; 3/18/2013 R
Read 2nd & Rerefer |
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2. 3/26/2013 CO PH Read 2nd & Rereferred; R, PHS |
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Bill Summary The committee posed questions to Scott Trebatoski, Chief
of the Animal Care and Protective Services Division, about the enforcement
aspects and likely outcomes of adopting the new regulations. The committee discussed various proposals
to implement more humane tethering regulations without going so far as to
require the owner to be physically present with a tethered animal at all
times, which seemed an impractical requirement. Several amendments were offered, discussed
and amended. AMEND/APPROVE
5-1 (YARBOROUGH) Amends
the proposed new paragraph 462.204(e) to provide that restraint by tethering
is permissible if the owner is within 100 feet of the tethered animal; this
restriction become effective 10/11/15. |
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11.
2013-167 |
ORD-MC Amend Chapt 602 (Jacksonville Ethics Code), Sec
602.612 (Organization), Ord Code, to Eliminate Ethics Compliance Office Staff
Eligibility for the Gen Employees Pension Plan. (Sidman) (Introduced by CM
Crescimbeni) Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601
- 3/26/13 |
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1. 3/12/2013 CO
Introduced: R,F |
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3/18/2013 R Read
2nd & Rerefer |
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3/19/2013 F Read
2nd & Rerefer |
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2. 3/26/2013 CO PH Read 2nd & Rereferred; R, F |
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Bill Summary DEFER |
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12.
2013-179 |
ORD Auth Lease Agreemt with GIV Imeson, LLC for use by
Supv of Elections of 50,000 Sq Ft at One Imeson Park Blvd for 10 Yrs, 1st yr
$39,999.96, 2nd Yr at $260,199.96 with 3% Annual Increases Thereafter.
(Johnston) (Introduced by CM Schellenberg) Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601
- 3/26/13 |
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1. 3/12/2013 CO
Introduced: R,TEU,F |
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3/18/2013 TEU
Read 2nd & Rerefer; 3/18/2013 R
Read 2nd & Rerefer |
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3/19/2013 F Read
2nd & Rerefer |
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2. 3/26/2013 CO PH Read 2nd & Rereferred; R, TEU, F |
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DEFER |
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13.
2013-185 |
ORD-MC to Estab a Context Sensitive Streets Standards
Committee within the Public Works Dept & Revise Code of Subdivision Regs;
Amend Sec 30.402 (Div Chief), Part 4 (Community Planning Div), Chapt 656
(Zoning Code) & Sec 32.202 (Div Chief), Part 2 (Engineering & Constrn
Mgmt Div) & Sec 32.302 (Div Chief), Part 3 (Right of Way & Grounds
Maint Div), Chapt 32 (Public Works Dept), Ord Code, to Estab a Committee to
Revise & Make Recommendations re Policies & Standards re Context
Sensitive Streets Issues; Amend Chapt 654 to address the Mobility Process
& Transfer of Responsibilities under Chapt 654 to the Planning & Dev
Dept & Modify Responsibilities of the Subdiv Standards & Policy
Advisory Comm. (Reingold) (Introduced by CM Boyer, Anderson, Carter &
Redman) Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601
- 4/9/13 |
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1. 3/26/2013 CO
Introduced: R,TEU,PHS,RCD,LUZ |
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4/1/2013 PHS
Read 2nd & Rerefer; 4/1/2013 TEU
Read 2nd & Rerefer; 4/1/2013 R
Read 2nd & Rerefer |
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4/2/2013 LUZ
Read 2nd & Rerefer; 4/2/2013 RCD
Read 2nd & Rerefer |
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2. 4/9/2013 CO PH Read 2nd & Rereferred; R, TEU, PHS,
RCD, LUZ |
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Bill Summary AMEND/APPROVE
6-0 Bicycle/Pedestrian
Coordinator will not serve on Subdivision Standards Comm. but will serve as
staff to the Context Sensitive Streets Comm. Technical corrections |
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14.
2013-198 |
ORD Conf Appt of Ellen Blair as Acting Dir of Employee
Svcs; Waive Sec 20.103, Ord Code - 60-day Limit on Mayoral Appts to fill
Vacant Positions, to allow Foregoing Appt to be Effective until Earlier of
5/31/13 or when Successor is Apptd by Mayor & Confirmed by Council.
(Germany) (Req of Mayor) Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601
- 4/9/13 |
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1. 3/26/2013 CO
Introduced: R |
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4/1/2013 R Read
2nd & Rerefer |
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2. 4/9/2013 CO PH Read 2nd & Rereferred; R |
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Bill Summary DEFER |
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15.
2013-203 |
RESO Appt Christopher B Scuderi as Member of JIA Redev
Agcy Bd, Replacing Melody Starr Bishop as School Bd Dist 1 Rep, for 1st Term
7/1/13 thru 6/30/17. (Welsh) (Introduced by CP Bishop) |
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1. 3/26/2013 CO
Introduced: R |
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4/1/2013 R Read
2nd & Rerefer |
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2. 4/9/2013 CO Read 2nd & Rereferred; R |
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Bill Summary APPROVE 6-0 |
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16.
2013-204 |
RESO Conf Appt of Chevara L Orrin as Member of Cultural
Svc Grant Comm, Replacing Lisa M Goodrich as a Community Rep for an Unexp
Term exp 12/31/13. (Welsh) (Req of Cultural Council) |
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1. 3/26/2013 CO
Introduced: R |
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|
4/1/2013 R Read
2nd & Rerefer |
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2. 4/9/2013 CO Read 2nd & Rereferred; R |
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Bill Summary APPROVE 6-0 |
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17.
2013-205 |
RESO Conf Appt of Lisa M Goodrich as Member of Cultural
Svc Grant Comm, Replacing Elaine E Brown as a Cultural Council Bd Rep, for
1st Full Term exp 12/31/15. (Welsh) (Req of Cultural Council) |
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1. 3/26/2013 CO
Introduced: R |
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4/1/2013 R Read 2nd & Rerefer |
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2. 4/9/2013 CO Read 2nd & Rereferred; R |
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Bill Summary APPROVE 6-0 |
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18.
2013-206 |
RESO Conf Appt of Thomas S Serwatka as Member of Cultural
Svc Grant Comm, Replacing Jeanne M Miller as a Cultural Council Bd Rep, for
Unexp term exp 12/31/13. (Welsh) (Req of Cultural Council) |
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1. 3/26/2013 CO
Introduced: R |
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4/1/2013 R Read
2nd & Rerefer |
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2. 4/9/2013 CO Read 2nd & Rereferred; R |
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Bill Summary APPROVE 5-1
(YARBOROUGH) |
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19.
2013-207 |
RESO Reappt David C Moorefield as Member of Jax Small
& Emerging Business Monitoring Comm as a JSEB Contractor, for 2nd Term
exp 4/30/16. (Welsh) (Introduced by CP Bishop) |
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1. 3/26/2013 CO
Introduced: R |
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|
4/1/2013 R Read
2nd & Rerefer |
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2. 4/9/2013 CO Read 2nd & Rereferred; R |
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Bill Summary APPROVE 6-0 |
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20.
2013-209 |
ORD-MC Amend Var Chapts & Secs of Ord Code by
Reorganizing & Renaming var Depts & Divisions, including Chapt 28
(Parks & Rec), Chapt 30 (Planning & Dev Dept), Chapt 32 (Public Works
Dept), Chapt 35 (Neighborhoods Dept), Chapt 55 (Economic Dev), Chapt 23
(Intra-Govt'l Svcs Dept), by moving Divisions to other Depts or Consolidating
Divisions; Provide Effective Date of 10/1/13. (Sidman) (Req of Mayor) Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601
- 4/9/13 |
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1. 3/26/2013 CO
Introduced: R,F |
|
|
4/1/2013 R Read
2nd & Rerefer |
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4/2/2013 F Read
2nd & Rerefer |
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2. 4/9/2013 CO PH Read 2nd & Rereferred; R, F |
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DEFER |
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21.
2013-226 |
ORD-MC Repealing Part 2 (Entertainmt Dist), Chapt 191
(Spec Events & Entertainmt Dist), Ord Code; Amend Sec 368.105
(Exceptions), Part 1 (Gen Provisions), Chapt 368 (Noise Control), to Remove
the Exception for Chapt 191. (Sidman) (Introduced by CM Schellenberg &
Crescimbeni) Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601
- 4/23/13 |
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1. 4/9/2013 CO
Introduced: R,TEU,RCD |
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Bill Summary READ 2ND
& REREFER |
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22.
2013-228 |
RESO Urging U.S. Congress & Administration to Preserve
the Tax-Exempt Status of Municipal Bonds & Reject any Proposal to Reduce
or Eliminate it; Directing Distribution of the Reso. (Introduced by CM Joost)
(Sponsored by CM Boyer, Crescimbeni, Holt & Lumb) |
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1. 4/9/2013 CO
Introduced: R,F |
|
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Bill Summary EMERG/AMEND/APPROVE
6-0 Add Emergency Language |
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23.
2013-229 |
RESO Requesting FDOT to Designate Hwy A1A in Jacksonville
from St Johns County Line to the Nassau County Line as a Florida Scenic Hwy.
(Clements) (Introduced by CM Gulliford) |
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1. 4/9/2013 CO
Introduced: R,TEU |
|
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Bill Summary READ 2ND
& REREFER |
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24.
2013-230 |
RESO Pledging Support for Regional Cooperation & the
Common Policy Framework Provided by the updated Strategic Regional Policy
Plan of the NE Fla Regional Council. (Sidman) (Introduced by CM Schellenberg) |
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1. 4/9/2013 CO
Introduced: R,LUZ |
|
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Bill Summary READ 2ND
& REREFER |
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25. 2013-231 |
RESO Conf Appt of Bobby Lee Pittman, a Clay County
Resident with Substantial Business Interest in Duval County, to the Subdiv
Standards & Policy Adv Comm as a Land Surveyor, Replacing Park D Privett,
Jr, for Unexp Term exp 11/30/14 & Reappt to a 1st Full Term exp 11/30/18.
(Sidman) (Req of Mayor) |
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1. 4/9/2013 CO
Introduced: R |
|
|
Bill Summary READ 2ND
& REREFER |
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26.
2013-232 |
RESO Conf Appt of William Marc Hardesty to the Library Bd
of Trustees as Group 1 At-Large Rep, Replacing Rocelia Roman de Gonzalez, for
a Partial Term exp 7/15/14. (Sidman) (Req of Mayor) |
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1. 4/9/2013 CO
Introduced: R |
|
|
Bill Summary READ 2ND
& REREFER |
|
27.
2013-233 |
RESO Conf Appt of Patrick R Victor to the Subdiv Standards
& Policy Adv Comm as an Engineering Profession Rep, Replacing Thomas
Michael Harris, for Unexp Term exp 11/30/14 & Reappt to 1st Full Term exp
11/30/18. (Sidman) (Req of Mayor) |
|
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1. 4/9/2013 CO
Introduced: R |
|
|
Bill Summary READ 2ND
& REREFER |
|
28.
2013-234 |
RESO Conf Appt of Ryan Matthew Schmitt to the Subdiv
Standards & Policy Adv Comm as a Private Utility Rep, Replacing E. Grady
James, Jr for an Unexp Term exp 11/30/14 & Reappt to 1st Full Term exp
11/30/18. (Sidman) (Req of Mayor) |
|
|
1. 4/9/2013 CO
Introduced: R |
|
|
Bill Summary READ 2ND
& REREFER |
|
29.
2013-235 |
RESO Conf Appt of E. BeLinda Peeples as Member of the
Duval County Election Advisory Panel, Replacing Deborah L Gonzalez for Unexp
Term exp 4/16/14. (Welsh) (Introduced by CP Bishop) |
|
|
1. 4/9/2013 CO
Introduced: R |
|
|
Bill Summary READ 2ND
& REREFER |
|
30.
2013-236 |
RESO Reappt Sammy V Harrison as Member of Bldg Codes
Adjustmt Bd for 2nd Term exp 9/30/15. (Welsh) (Introduced by CP Bishop) |
|
|
1. 4/9/2013 CO
Introduced: R |
|
|
Bill Summary READ 2ND
& REREFER |
|
31.
2013-237 |
RESO Welcoming the Huntington's Disease Society of America
28th Annual Conference to Jacksonville in June 2013. (Clements) (Introduced
by CM Schellenberg & Crescimbeni) |
|
|
1. 4/9/2013 CO
Introduced: R |
|
|
APPROVE 5-0 |
|
32.
2013-238 |
RESO Recognizing & Honoring the Rev Dr John Allen
Newman on his 30th Year as Senior Pastor of the Sanctuary at Mt. Calvary.
(Jackson) (Introduced by CM Daniels) |
|
|
1. 4/9/2013 CO
Introduced: R |
|
|
APPROVE 5-0 |
|
33.
2013-239 |
RESO Mourning the Loss & Celebrating the Life of
Attorney Harrel Tyrone Buggs. (Jackson) (Introduced by CM Lee) |
|
|
1. 4/9/2013 CO
Introduced: R |
|
|
APPROVE 5-0 |
|
34.
2013-241 |
ORD Auth a Lease Agreemt with Demetree Brothers, Inc for
50,000 Sq Ft in a Portion of Southgate Shopping Ctr, 3428 Beach Blvd for Supv
of Elections Ofc for 10 Yrs, 1st Yr $0, 2nd Yr $294,999.96 with annual 3%
Increase. (Sidman) (Introduced by CM Boyer) Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601
- 4/23/13 |
|
|
1. 4/9/2013 CO
Introduced: R,TEU,F |
|
|
READ 2ND
& REREFER |
|
35.
2013-242 |
RESO Conf Appt of Kelli Wells as Director of the Duval
County Health Dept. (Germany) (Req of Mayor) |
|
|
1. 4/9/2013 CO
Introduced: R |
READ
2ND & REREFER
At the conclusion of the agenda the committee engaged in
considerable discussion with Chief Administrative Officer Karen Bowling,
General Counsel Cindy Laquidara, and representatives of the City’s Employee
Services Department and Environmental Protection Board regarding the recent
resignation of Vince Seibold from his position as Chief of the Environmental
Services Division. Numerous questions
were asked about the reasons for the forced resignation and the method by which
it was achieved. Council members
expressed deep reservations about the potential “chilling effect” the forced
resignation will have on the willingness of City administrative personnel to
directly and honestly answer questions put to them in their professional
capacity by council members. Additional
information about Mr. Seibold’s work performance record and the circumstances surrounding
his ultimate resignation was requested and Chairman Yarborough indicated that
this issue will be an agenda item at the Rules Committee’s next meeting.
Posted 4.17.13 9:00 a.m.
Jeff Clements, City Council Research Division