CN::
RULES COMMITTEE
MEETING MINUTES
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Monday
April 1, 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 |
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Ray
Holt, Vice Chair |
Attorney:
Peggy Sidman |
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Lori
Boyer |
Council
Auditor: Janice Billy |
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John
Crescimbeni |
Asst.
Council Auditor: Sean Costigan |
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Warren
Jones, Arrived 10:04 |
Chief
of Research: Jeff Clements |
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Jim
Love |
Administration:
Chris Hand |
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Robin
Lumb, Late Arrival 10:10 |
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Meeting Convened 10:03
AM Meeting Adjourned 11:15 AM
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/M
Schellenberg (2013-170)
Calvin
Burney (2013-155)
Jeff
Foster (2013-158)
NOTE: The next regular meeting will be held Monday, April 15, 2013.
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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 The Chairman announced that the Rules, Finance and TEU
Committees would be scheduling a joint meeting in 2 week to discuss the three
pending Supervisor of Elections operations center bills: 2012-730, 2013-118
and 2013-179. |
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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 DEFER |
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7.
2013-94 |
ORD Waiving Portions of Chapt 655 (Concurrency &
Mobility Mgmt Syst), Sec 655.503 (Mobility Fee Requiremt, Certificate, Appl
Process & Calculation), Ord Code to Auth the Waiver, under Certain
Circumstances, of Mobility Fees for 3 Yrs after Effective Date of this Ord.
(Reingold) (Introduced by CM Clark) (CPAC Ltr to Deny) 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, TEU,F |
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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, TEU, F |
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DEFER |
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8.
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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9.
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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10.
2013-155 |
ORD-MC Amend Chapt 30 (Planning & Dev), Part 5 (Dev
Svcs Div), Creating new Sec 30.503 (Bicycle/Pedestrian Coordinator), Estab
the Position & Job Descriptions & Qualifications; Approp $39,000 from
Spec Council Contingency - Planning to Fund Position. (Reingold) (Introduced
by CM Boyer, Anderson, Carter & Redman) 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,TEU |
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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, F, TEU |
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Bill Summary The committee and Dylan Reingold of the General Counsel’s
office discussed the need for and responsibility level of the
position, an appropriate salary level, and the position’s duties and
responsibilities. AMEND/APPROVE 7-0 (Adds a requirement that
at least 2 years of the required 4 or 5 years of experience in the field
include experience with bicycle and pedestrian facility design standards). |
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11.
2013-156 |
ORD-MC Creating Sec 111.925 (Neighborhood Enhancemt Trust
Fund), Part 9 (Neighborhood Dev), Chapt 111 (Spec Rev & Trust Accts), Ord
Code, a Neighborhood Enhancemt Trust Fund for Deposit of all Gifts,
Donations, Contributions, Grants & State Funds rcvd from Card Room
Pari-Mutuel Rev for use of Neighborhood Enhancemts within a 5-mile area of a
Pari-Mutuel Establishmt; Auth Funds Carryover to next FY. (Sidman)
(Introduced by CM Holt & Co-Sponsored by C/M Yarborough) 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,RCD |
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3/18/2013 R Read
2nd & Rerefer |
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3/19/2013 RCD
Read 2nd & Rerefer; 3/19/2013 F
Read 2nd & Rerefer |
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2. 3/26/2013 CO PH Read 2nd & Rereferred; R, F, RCD |
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Bill Summary The committee discussed appropriate uses for this revenue,
debated whether it should be utilized only in the area of the facility that
generates the revenue, and discussed the possibility of a cap on revenue
going into a site-specific trust fund and allocating revenue over the cap to
the General Fund. AMEND/APPROVE 7-0 (Reverses previous
Ordinance 2012-722-E so as to undo the appropriation of $60,000 to the
Special Council Contingency fund). |
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12.
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 discussed the appropriate roles of the
Council President, the Executive Committee, the Council Auditor and the
Council Secretary in setting employee salary levels. Council Member Crescimbeni requested the
General Counsel’s Office to review a previous opinion issued by former Deputy
General Counsel Steve Rohan about what personnel matters can and cannot be
discussed in “shade” meetings and what options may exist for discussing
particular employee’s salaries outside of a Sunshine meeting. DEFER |
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13.
2013-158 |
ORD-MC Amend Chapt 609 (Code Enforcemt Citations), Sec
609.109 (Applicable Chapts & Parts), Ord Code, to Classify Offenses made
re Disposal of Waste Tires within City's Fine Schedule & City's Enforcemt
Authority of Chapt 260 (Disposal of Waste Tires). (Shaw) (Introduced by CM
Jones) 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,RCD |
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3/18/2013 R Read
2nd & Rerefer |
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3/19/2013 RCD
Read 2nd & Rerefer |
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2. 3/26/2013 CO PH Read 2nd & Rereferred; R, RCD |
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Bill Summary Jeff Foster, Acting Chief of the Solid Waste Division,
discussed illegal tire disposal issues and enforcement mechanisms. He noted that citizens can leave up to 4
tires at the curbside for collection at no charge, provided they call
630-CITY and request pickup. APPROVE 6-0 |
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14.
2013-163 |
ORD Amend Chapt 3 (Legislation), Rule 3.102 (Preparation
of Bills), Council Rules. (Sidman) (Introduced by CM Yarborough) 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 |
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3/18/2013 R Read
2nd & Rerefer |
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2. 3/26/2013 CO PH Read 2nd & Rereferred; R |
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Bill Summary AMEND/APPROVE
6-0 (Technical corrections) |
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15.
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 DEFER |
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16.
2013-165 |
ORD-MC Amend Chapt 93 (St Johns River Ferry Comm), Sec
93.103 (Membership; Terms; Composition), Ord Code, to add the Superintendent
of the Timucuan Ecological Preserve, as an Ex Officio Member of the
Commission. (Johnston) (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 |
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3/18/2013 R Read
2nd & Rerefer |
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2. 3/26/2013 CO PH Read 2nd & Rereferred; R |
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Bill Summary APPROVE 6-0 |
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17.
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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18.
2013-170 |
RESO Opposing Legislation that would Restrict, Reduce or
Eliminate Municipal Rev Generated under the Communications Svcs Tax that
could Result in a Loss for Local Govts; Directing Distribution of Reso.
(Sidman) (Introduced by CM Gulliford & Co-sponsored by CM Carter) |
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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 Read 2nd & Rereferred; R, F |
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Bill Summary Council Member Schellenberg noted that both the Florida
League of Cities and the Florida Association of Counties are tracking
legislative proposals to substantially modify the state telecommunications
tax in ways that might hurt local revenues.
While the Legislature is talking about “revenue neutrality”, it’s
possible that that might be calculated on a statewide basis rather than
county-by-county, with revenues potentially being shifted from larger
counties to make up revenue losses to smaller counties. A statewide task force studying the
telecommunications tax last year recommended reducing the telecommunications
tax and increasing the state sales tax from 6% to 6.34% to offset the lost
revenue. Council Member Jones noted
that Jacksonville has allocated a portion of its telecom tax revenue to
Jaxport for capital purposes. AMEND/APPROVE 7-0 1) adds a Whereas clause
referencing the fact that Jacksonville allocates a portion of its
telecommunications tax revenue to the Jacksonville Port Authority and any
loss of that revenue could negatively impact on port development; 2) adds the
Rules Committee members as co-sponsors; 3) adds language stating the
Jacksonville opposes any legislation that would result in the loss of telecom
tax revenue by any county (revenue neutrality should be determined on a
county-by-county basis, not cumulatively across the state). |
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19.
2013-171 |
RESO Conf Appt of John S Clarkson, Replacing John C Scott,
III to the Constrn Trades Qualifying Bd as a Pool & Spa Contractor for a
1st Full Term exp 9/30/14. (Sidman) (Req of Mayor) |
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1. 3/12/2013 CO
Introduced: R |
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3/18/2013 R Read
2nd & Rerefer |
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2. 3/26/2013 CO Read 2nd & Rereferred; R |
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Bill Summary AMEND/APPROVE
6-0 (Pg 1, line 7: “spot” s/b “seat”; Appointment is for a
partial term) |
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20.
2013-173 |
RESO Conf Reappt of Jennifer A Mansfield to the Jax
Historic Preservation Comm for 2nd Full Term exp 3/4/16. (Sidman) (Req of
Mayor) |
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1. 3/12/2013 CO
Introduced: R |
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3/18/2013 R Read
2nd & Rerefer |
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2. 3/26/2013 CO Read 2nd & Rereferred; R |
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Bill Summary APPROVE 7-0 |
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21.
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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22.
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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Bill Summary READ 2ND
& REREFER Council Member Boyer said that the bill contains many
pages of corrections and clean-ups related to the adoption of the mobility
fee and previous administrative reorganizations that don’t have anything to
do with context-sensitive streets. This
bill was used as the vehicle for several chapter clean-ups. |
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23.
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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Bill Summary READ 2ND
& REREFER |
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24.
2013-200 |
RESO Declaring Month of May as Bike Month in Jacksonville.
(Jackson) (Introduced by CM Redman) |
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1. 3/26/2013 CO
Introduced: R |
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APPROVE 7-0 |
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25.
2013-201 |
RESO Designating May 17, 2013 as Bike to Work Day in
Jacksonville. (Jackson) (Introduced by CM Redman) |
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1. 3/26/2013 CO
Introduced: R |
|
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APPROVE 7-0 |
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26.
2013-202 |
RESO Honoring & Congratulating JIA on being named the
5th Best Airport in North America for Customer Service. (Clements)
(Introduced by CM Yarborough, Holt & Carter) |
|
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1. 3/26/2013 CO
Introduced: R |
|
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APPROVE 7-0 |
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27.
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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Bill Summary READ 2ND
& REREFER |
|
28.
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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Bill Summary READ 2ND
& REREFER |
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29.
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 |
|
|
Bill Summary READ 2ND
& REREFER |
|
30.
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 |
|
|
Bill Summary READ 2ND
& REREFER |
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31.
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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Bill Summary READ 2ND
& REREFER |
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32.
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 |
READ 2ND
& REREFER
Posted 4.1.13 5:00 p.m.
Jeff Clements, City Council Research Division