AACN::

RULES COMMITTEE

 

MEETING MINUTES

 

 

Monday, January 14, 2013

 

10:00 AM 

 

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

Asst. Council Auditor: Sean Costigan

Warren Jones (Not Present)

Chief of Research: Jeff Clements

Jim Love

Administration: Jessica Deal

Robin Lumb

 

 

 

                        Meeting Convened                 10:00 AM                    Meeting Adjourned    10:46 AM

 

 

 


Attendance:

 

Dylan Reingold (2012-731)

C/M Daniels (2012-730)

C/M Carter (2012-731)

C/M Brown (2012-730, 2013-16, 2013-18 & 2013-18)

 

NOTE:  The next regular meeting will be held Monday, February 4, 2013.

 

 

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.  2012-578

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

 

1. 9/25/2012 CO  Introduced: R

 

    10/1/2012 R Read 2nd & Rerefer

 

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

 

    12/3/2012 R Amend/Approve 7-0

 

3. 12/11/2012 CO AMENDED/Rereferred; R, LUZ

 

 

DEFER

 

4.  2012-636

ORD Apv Proposed Settlemt of Pending Fed Court Litigation bet City and U.S.A. under Americans with Disabilities Act DJ 204-17M-398. (Sidman) (Req of Gen Counsel)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 12/11/12

 

1. 11/27/2012 CO  Introduced: R,PHS,F

 

    12/3/2012 PHS Cancelled Mtg;    12/3/2012 R Read 2nd & Rerefer

 

    12/4/2012 F Read 2nd & Rerefer

 

2. 12/11/2012 CO PH Read 2nd & Rereferred; R, PHS, F

 

 

Bill Summary

 

DEFER

 

 

5.  2012-694

RESO Conf Appt of Rafael E Caldera to the Downtown Dev Review Bd as a Contractor/Developer/Realtor Rep, Replacing Jonathan R Garza for 1st Full Term exp 6/30/14. (Sidman) (Req of Mayor)

 

1. 11/13/2012 CO  Introduced: R

 

    11/19/2012 R Read 2nd & Rerefer

 

2. 11/27/2012 CO Read 2nd & Rereferred; R

 

 

Bill Summary

 

DEFER

 

 

 

 

6.  2012-722

ORD Approp $60,000 from Card Room Pari-Mutuel Rev to Spec Council Operating Contingency; Req Emerg Apv. (Sidman) (Introduced by CP Bishop)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/8/13

 

1. 12/11/2012 CO  Introduced: R,F

 

    1/2/2013 R Read 2nd & Rerefer

 

    1/3/2013 F Read 2nd & Rerefer

 

2. 1/8/2013 CO PH Read 2nd & Rereferred; R, F

 

 

In response to a question from Council Member Boyer, Assistant Council Auditor Janice Billy stated that the $60,000 in pari-mutuel revenue proposed to be appropriated by this bill is not the same $60,000 proposed to be appropriated by ordinance 2012-722 to hire a City lobbyist.  That revenue was accrued in FY11-12 and was lapsed into the General Fund reserve when the books were closed out at the end of the fiscal year.  Council Member Holt proposed that the Council earmark the pari-mutuel revenues to use as a sort of mitigation fund to benefit the area in the proximity of the poker room that is producing the revenue, in the same way that the landfill host fee is used to benefit areas impacted by the presence of a landfill.

 

AMEND/APPROVE 6-0 (Delete emergency language).

 

 

 

 

7.  2012-728

ORD Auth a License Agreemt with Mandarin Museum & Historical Society, Inc to Operate the Webb Farmhouse, Museum Bldg & Barn at 11964 Mandarin Rd; Waive Sec 126.202 (Competitive Sealed Bid) of Pt 2 (Supplies, Contractual Svcs & Capital Improvemts), Ord Code. (Sidman) (Introduced by CM Schellenberg)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/8/13

 

1. 12/11/2012 CO  Introduced: R,F,RCD

 

    1/2/2013 R Read 2nd & Rerefer

 

    1/3/2013 RCD Read 2nd & Rerefer;    1/3/2013 F Read 2nd & Rerefer

 

2. 1/8/2013 CO PH Read 2nd & Rereferred; R, F, RCD

 

 

AMEND/APPROVE 6-0 (Req annual report of activities held and results of operations; Attach revised agreement (add any funds raised to be used for benefit of property, add reporting lang, correct address; Specify contract is a renewal & ref prior bill; Grammatical correction).

 

 

 

 

8.  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)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/8/13

 

1. 12/11/2012 CO  Introduced: R,F

 

    1/2/2013 R Sub/Read 2nd & Rerefer 6-0

 

    1/3/2013 F Sub/Read 2nd & Rerefer 7-0

 

2. 1/8/2013 CO PH SUBSTITUTED/Read 2nd & Rereferred; R, F

 

 

Council Member Brown asked that all of the information that has been assembled on proposed alternative Supervisor of Elections locations, including building plans and specifications, costs, lease options, etc. be made available to all council members so that they can make an informed decision.  Council Member Daniels introduced Steven Bittel and Mindy McIlroy of the Terranova Corporation, the new owner of the Gateway Center, who had come from Miami for today’s meeting.  In response to a question from Council Member Crescimbeni, Mr. Bittel indicated that he would be available to return to Jacksonville for the next Rules Committee meeting at which this bill will be discussed.

 

DEFER

 

 

 

 

 

 

 

9.  2012-731

RESO Urging Gov Scott & Fla Legislature to Amend Sec 553.38, F.S., to allow Local Govts to Apv Manufactured Bldgs & Mobile Homes as a Use by Exception. (Reingold) (Introduced by CM Carter)

 

1. 12/11/2012 CO  Introduced: R,LUZ

 

    1/2/2013 R Read 2nd & Rerefer

 

    1/5/2013 LUZ Amend/Read 2nd & Rerefer 5-0

 

2. 1/8/2013 CO AMENDED/Read 2nd & Rereferred; R, LUZ

 

 

Bill Summary

 

Council Member Carter explained the need for this amendment in order to restore home rule power to local governments to control the location and appearance of mobile and manufactured homes.  Dylan Reingold of the Office of General Counsel explained the change in state law that pre-empts local control and prohibits local governments distinguishing between site-built and factory-built homes in their regulations.  Council Members Boyer and Crescimbeni asked to be added as co-sponsors.

 

APPROVE 6-0

 

 

 

10.  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)

 

1. 12/11/2012 CO  Introduced: R,RCD

 

    1/2/2013 R Read 2nd & Rerefer

 

    1/3/2013 RCD Read 2nd & Rerefer

 

2. 1/8/2013 CO Read 2nd & Rereferred; R, RCD

 

 

Bill Summary

 

DEFER

 

 

11.  2012-734

RESO Conf Appt of Joey Greive as Treasurer of the City. (McCain) (Req of Mayor)

 

1. 12/11/2012 CO  Introduced: R

 

    1/2/2013 R Read 2nd & Rerefer

 

2. 1/8/2013 CO Read 2nd & Rereferred; R

 

 

Bill Summary

 

DEFER

 

 

12.  2012-735

RESO Appt Lois M Salaun as Member of Public Svc Grant Council, Replacing Arnold Tritt for Unexp Term exp 12/31/13, Followed by a First Full Term exp 12/31/16. (Welsh) (Introduced by CP Bishop)

 

1. 12/11/2012 CO  Introduced: R

 

    1/2/2013 R Read 2nd & Rerefer

 

2. 1/8/2013 CO Read 2nd & Rereferred; R

 

 

Bill Summary

 

APPROVE 6-0

 

 

13.  2012-736

RESO Reappt Gary Anderson as Member of Jax Waterways Comm as a Gen Public Rep, for 2nd Term Exp 12/31/15. (Welsh) (Introduced by CP Bishop)

 

1. 12/11/2012 CO  Introduced: R

 

    1/2/2013 R Read 2nd & Rerefer

 

2. 1/8/2013 CO Read 2nd & Rereferred; R

 

 

 Bill Summary

 

 APPROVE 6-0

 

 

14.  2013-1

ORD Approp $44,260 from Dist 1 Autumn Bond Funds to the Tree Hill Boardwalk Acct for Extension of the Tree Hill Boardwalk & Installation of the Nature Trail; Auth Agreemt with Tree Hill, Inc for Prog Mgmt Svcs to Extend Boardwalk; Invoke Exception of 126.107(G), Ord Code, to Award the Prof Svcs to Tree Hill, Inc for Mgmt & Oversight of the Constrn. (Johnston) (Introduced by CM Yarborough)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/22/13

 

1. 1/8/2013 CO  Introduced: R,F,RCD

 

 

Bill Summary

 

READ 2ND & REREFER

 

 

 

 

15.  2013-7

ORD-MC Amend Chapt 122 (Public Propty), by Creating Sec 122.108 (Prohibiting Constrn of New Public Bldgs when Vacant Public Bldgs Exist), Ord Code, Prohibiting new Public Bldg Constrn when Vacant, Existing Public Bldgs are Suitable for Proposed Use. (Johnston) (Introduced by CM Brown & Co-sponsored by CM Yarborough)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/22/13

 

1. 1/8/2013 CO  Introduced: R,F

 

 

READ 2ND & REREFER

 

 

 

 

16.  2013-8

ORD-MC Amend Chapt 191 (Special Events), Ord Code, to Delete 12 Ticket Events at Metropolitan Park from the Activities Subject to Part 2 (Entertainmt Dist), Ord Code. (Johnston) (Introduced by CM Redman)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/22/13

 

1. 1/8/2013 CO  Introduced: R,F,RCD

 

 

Bill Summary

 

READ 2ND & REREFER

 

 

 

 

17.  2013-9

ORD-MC Creating Chapt 250 (Misc Business Regulations), Part 11 (Ice Cream Truck Regulation), Ord Code. (Johnston) (Introduced by CM Redman)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/22/13

 

1. 1/8/2013 CO  Introduced: R,PHS

 

 

READ 2ND & REREFER

 

 

 

 

18.  2013-10

ORD-MC re Regulation & Enforcemt of Disposal of Waste Tires; Amend Chapt 260, Ord Code, to replace term "Director" with "Chief"; Provide new Definition for "Div Chief" & Replacing terms "Director" and "Waste Tire"; Require Certificate of Use when Obtaining a Permit; Require State Permit Prior to Removal of Splitting of Tires & Provide Max Storage of 1,000 Tires by Tire Dealers or Tire Generators on their Propty; add new title "Hours of Operation" & Limit Transport of Tires bet 7 AM & 6 PM, Mon-Sat; Provide Authority to issue Citations for Failure to Comply. (Shaw) (Introduced by CM Jones)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/22/13

 

1. 1/8/2013 CO  Introduced: R,TEU,F

 

 

 

READ 2ND & REREFER

 

 

 

 

19.  2013-15

ORD Approp $47,000 from Spec Council Contingency; Auth an Agreemt with TBE Group, Inc, d/b/a Cardno TBE, to Pursue Grants re Brownfields Propty; Invoking Exception of 126.107(g), Ord Code, to Award Consulting Svcs to said Firm. (Sidman) (Introduced by CM Brown)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/22/13

 

1. 1/8/2013 CO  Introduced: R,TEU,F

 

 

READ 2ND & REREFER

 

 

 

 

20.  2013-18

ORD Declaring Surplus RE# 022256-0010, S & W of Intersec of Moncrief Rd W & Dunmire Ave; Auth Conveyance to Jacksonville Youth Works, Inc, at No Cost, at Req of CM Brown, for use of Teaching Media Broadcasting & Communications; Waive Sec 122.424 (Appraisal/Assessed Value over $25,000), Chapt 122 (Public Propty), Ord Code, to allow Conveyance at No Cost. (Dist 10-Brown) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/22/13

 

1. 1/8/2013 CO  Introduced: R,TEU,F

 

 

READ 2ND & REREFER

 

 

 

21.  2013-23

RESO Commending the Fla Dept of Children & Families & Family Support Svcs of North Fla for their "Fostering Florida's Future" Initiative & Encouraging Families & Businesses in Jax to become Part of the Foster Friendly Effort. (Clements) (Introduced by CM Holt & Co-sponsored by CM Carter)

 

1. 1/8/2013 CO  Introduced: R

 

 

APPROVE 6-0

 

 

 

 

22.  2013-24

RESO Conf Appt of Theodore N Carter as Economic Dev Officer of the Ofc of Economic Dev. (McCain) (Req of Mayor)

 

1. 1/8/2013 CO  Introduced: R

 

 

Bill Summary

 

READ 2ND & REREFER

 

 

 

23.  2013-25

RESO Appt Bryan D Mosier as Member of Enterprise Zone Dev Agcy Bd, Replacing Kimberly N Scott as a Rep of the Local Code Enforcemt Agcy for 1st Term exp 12/31/16. (Welsh) (Introduced by CP Bishop)

 

1. 1/8/2013 CO  Introduced: R

 

 

Bill Summary

 

READ 2ND & REREFER

 

 

 

24.  2013-26

RESO Conf Appt of Ralph Anthony DeCicco to the Constrn Trades Qualifying Bd as a Roofing Contractor Rep, Replacing William E Simpson, for 1st Full Term exp 9/30/15. (Sidman) (Req of Mayor)

 

1. 1/8/2013 CO  Introduced: R

 

 

Bill Summary

 

READ 2ND & REREFER

 

 

 

25.  2013-27

RESO Conf Appt of Charles Richard Walker to the Constrn Trades Qualifying Bd as an Architect, Replacing John Parks, for Unexp Term exp 9/30/13 & a 1st Full Term exp 9/30/16. (Sidman) (Req of Mayor)

 

1. 1/8/2013 CO  Introduced: R

 

 

Bill Summary

 

READ 2ND & REREFER

 

26.  2013-28

RESO Conf Reappt of Betty S Holzendorf as Member of Jax Journey Oversight Comm for 2nd Term exp 12/31/16. (Welsh) (Introduced by CP Bishop & Req of Mayor)

 

1. 1/8/2013 CO  Introduced: R

 

 

Bill Summary

 

READ 2ND & REREFER

 

27.  2013-29

RESO Conf Reappt of Laurence C Pritchard as Member of Jax Ethics Comm for 1st Full Term exp 12/31/15. (Welsh) (Req of Sheriff)

 

1. 1/8/2013 CO  Introduced: R

 

 

Bill Summary

 

READ 2ND & REREFER

 

28.  2013-30

RESO Conf Reappt of James D Young as Member of Jax Ethics Comm for 2nd Term exp 12/31/15. (Welsh) (Req of Ethics Comm)

 

1. 1/8/2013 CO  Introduced: R

 

 

Bill Summary

 

READ 2ND & REREFER

 

29.  2013-31

RESO Commending & Congratulating Jax Chamber of Commerce President Wally Lee for his Contributions to Jax & NE Florida upon his Retirement. (Clements) (Introduced by CM Crescimbeni & Co-sponsored by Council Members Jones & Carter)

 

1. 1/8/2013 CO  Introduced: R

 

 

APPROVE 6-0

 

30.  2013-32

RESO Commending & Thanking Paul Anderson for his Contributions to the Jax Port Authority. (Clements) (Introduced by CM Crescimbeni & Co-sponsored by CM Carter)

 

1. 1/8/2013 CO  Introduced: R

 

 

APPROVE 6-0

 

31.  2013-33

RESO Honoring & Commending Bill Killingsworth for his Outstanding Career with the Planning & Dev Dept upon his Retirement. (Clements) (Introduced by CM Redman & Co-sponsored by CM Carter)

 

1. 1/8/2013 CO  Introduced: R

 

 

AMEND/APPROVE 6-0 (Add Rules Members as co-sponsors)

 

 

 

 

 

 

 

 

 

 

32.  2013-34

RESO Honoring & Congratulating Rev Ernest L & Annie P Griffin on their 50th Wedding Anniversary. (Clements) (Introduced by CM Brown & Co-sponsored by CM Carter)

 

1. 1/8/2013 CO  Introduced: R

 

 

APPROVE 6-0

 

33.  2013-35

RESO Honoring & Commending Retired Sergeant 1st Class Gary L Surrency on being Awarded the Soldier's Medal by the U.S. Congress for Bravery & Valor. (Clements) (Introduced by CM Carter)

 

1. 1/8/2013 CO  Introduced: R

 

 

APPROVE 6-0

 

34.  2013-36

RESO Mourning the Passing & Celebrating the Life of former Council Member Mary Ann Southwell. (Jackson) (Introduced by CM Schellenberg & Co-sponsored by CM Carter)

 

1. 1/8/2013 CO  Introduced: R

 

 

APPROVE 6-0

 

35.  2013-37

RESO Celebrating the Life & Commending the Dedicated Service of Stanley Maurice Macon, City Employee from 1975 to 2012. (Clements) (Introduced by CM Jones & Co-sponsored by CM Carter)

 

1. 1/8/2013 CO  Introduced: R

 

 

APPROVE 6-0

 

36.  2013-39

ORD Apv 1-Yr Extension of Existing Agreemt with Waste Pro of Florida, Inc for Residential Waste & Recycling Collection & Transp Svcs; Auth a 2nd Amend to Existing Agreemt to Extend Term for 1 Yr; Waive Sec 382.308, Ord Code, to allow 1-Yr  instead of a 6-Yr Extension. (Sidman) (Introduced by CP Bishop)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/22/13

 

1. 1/8/2013 CO  Introduced: R,TEU,F

 

 

READ 2ND & REREFER

 

37.  2013-40

RESO Conf Appt of Michael Saylor as Member of Downtown Investmt Authority Bd as an Urban Planner, Replacing Donald A Shea, for Unexp Term exp 6/30/14. (Sidman) (Introduced by CP Bishop)

 

1. 1/8/2013 CO  Introduced: R

 

 

READ 2ND & REREFER

 

38.  2013-41

ORD Waiving Chapt 382 (Waste Collection & Disposal Svc by Contractors & City), Part 3 (Selection of Waste Collection & Disposal Svc Areas & Contractors), Ord Code, to allow Mayor to Proceed with a RFP for a Waste Hauling Contract for the Area formerly serviced by Waste Pro. (Sidman) (Introduced by CM Clark)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/22/13

 

1. 1/8/2013 CO  Introduced: R,TEU,F

 

 

READ 2ND & REREFER

 

39.  2013-42

RESO Determining that Estab of a Confucius Institute in Partnership with Shaanxi Normal Univ at UNF is of Great Benefit to UNF & Jax Community. (Sidman) (Introduced by CM Gulliford)

 

1. 1/8/2013 CO  Introduced: R

 

 

                                   READ 2ND & REREFER

 

 

Posted 1.14.13

5:00 p.m.