JACKSONVILLE CITY COUNCIL

RESEARCH DIVISION

 

 

PUBLIC HEALTH AND SAFETY COMMITTEE MINUTES

 

MAY 5, 2008

4:00 P.M.

 

CITY COUNCIL CHAMBER

1st floor, City Hall

117 W. Duval Street

 

Attendance: Chairman Hyde, Committee Members Holt, Redman and Gaffney

Excused: Committee Members M. Jones, Joost and Yarborough

 

The meeting was called to order at 4:01 p.m.

 

Item/File No.

Title/History

 

 

1.  2007-1348

ORD Amend Sec 191.114 (Attendance & Participant Standards for Public Safety Emerg Med Personnel at Special Events), Ord Code, to Remove Requiremts at Specified Indoor Events within 1 Mile of Jax Fire & Rescue Stations. (Wedner) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/8/08

 

1. 12/11/2007 CO  Introduced: PHS,RCD

 

    1/2/2008 PHS Read 2nd & Rerefer

 

    1/3/2008 RCD Read 2nd & Rerefer

 

2. 1/8/2008 CO PH Read 2nd & Rereferred; PHS, RCD

 

 

DEFER

 

2.  2008-27

ORD Implementing Sec 509.203, F.S.; Amend Sec 656.401 (Performance Standards & Development Criteria) Ord Code, & Creating new Chapt 165 (Public Food Service Establishments), to Auth Permitting Dogs within Designated Outdoor Portions of Public Food Svc Establishmts; Establishmt of Procedures by Municipal Code Compliance Div, & Enforcement; Amend Chapt 123 (Public Fees) Sec 123.102 (Fees Established) to Provide $250 Permit Fee, Non-Transferable, & Expire on 7/1/09. (Rohan) (C/M Shad) (PC Deny & PD Apv)

LUZ PH - 2/5/08, 2/20/08, 3/4/08, 3/18/08, 4/1/08, 4/15/08, 5/6/08

Public Hearing Pursuant to Chapt 166.041(3)(c)(2) F.S. & CR 3.601 - 1/22/08 & 2/12/08

 

1. 1/8/2008 CO  Introduced: R,F,LUZ, PHS (Per CP 2-14-08)

 

    1/14/2008 F Read 2nd & Rerefer;    1/14/2008 R Read 2nd & Rerefer

 

    1/15/2008 LUZ Read 2nd & Rerefer

 

2. 1/22/2008 CO PH Addnl 2/12/08/ Read 2nd & Rerefer; R, F, LUZ

 

    3/19/2008 R Deny 6-0

 

 

F: Amend/Approve

 

The committee briefly discussed the differing committee votes in Rules and Finance, and noted that one of the reasons for the denial in Rules was the failure to receive any input from the Health Department.

 

DEFER until the Health Department can be invited to attend a future committee meeting to comment on the bill.

 

 

3.  2008-28

ORD Amend Chapt 366 (Groundwater Resource Mgmt), Ord Code, to Expand Regulatory Authority of Environmental & Compliance Dept & Environmental Protection Bd Over Surface Waters of the County; Amend Sec 366.209, to include Ticketing Authority; Create New Pt 6 for Mgmt & Regulation of Lawn & Specialized Turf Fertilization Including Lawns on Residential & Commercial Proptys & Public & Private Golf Courses; Ord to be Applicable Countywide; Education, Training & Record Keeping Requiremts for Commercial Landscapers & Fertilizer Applicators; Persons for Hire to Apply Fertilizer to Subject Propty must Successfully Complete Specified Training; Provide Guidelines for FL Friendly Landscaping; Provide Public Nuisance Declaration & Enforcemt; Provide Fertilizer Storage & Maint Requiremts & Inspection Prog. (Teal) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/22/08

 

1. 1/8/2008 CO  Introduced: PHS,TEU,RCD,JWW

 

    1/14/2008 PHS Read 2nd & Rerefer

 

    1/15/2008 TEU Read 2nd & Rerefer

 

2. 1/22/2008 CO PH Read 2nd & Rereferred; PHS, TEU, RCD

 

 

DEFER

 

4.  2008-30

ORD Amend Chapt 366 (Groundwater Resource Management), Ord Code, Create New Pt 5 for Local Implementation of Water Conservation Rule for Landscape Irrigation of St. Johns River Water Mgmt Dist; Provide: Jurisdiction (USD-1); Definitions; Landscape Irrigation Schedule & Exceptions; Variances from Specific Days of Week; Applicability of Ord; Enforcement; Penalties for Violation. (Radlinski) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/22/08

 

1. 1/8/2008 CO  Introduced: PHS,TEU

 

    1/14/2008 PHS Read 2nd & Rerefer             1/15/2008 TEU Read 2nd & Rerefer

 

2. 1/22/2008 CO PH Read 2nd & Rereferred; PHS, TEU

 

 

DEFER

 

 

5.  2008-162

ORD Approp $442,000 from Propty Tax Rev to fund Filing Source Invoice Pymts for Remainder of FY 2008 in Accordance with Memo of Understanding with Clerk of Circuit & County Courts. (BT 08-093) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 3/11/08

 

1. 2/26/2008 CO  Introduced: F,PHS

 

    3/3/2008 PHS Read 2nd & Rerefer;    3/3/2008 F Read 2nd & Rerefer

 

2. 3/11/2008 CO PH Read 2nd & Rereferred; F,PHS

 

    3/17/2008 PHS Approve 7-0;    3/17/2008 F Approve 5-0

 

3. 3/25/2008 CO REREFERRED; F,PHS

 

 

DEFER

 

 

6.  2008-259

ORD Amend Chapt 150, (Adult Entertainmt & Svcs Code), Ord Code, to Remove Regulation of State Licensed Massage Therapists & Estab New Chapt 198 (Massage Therapy) to Regulate Therapists. (Reingold) (PHS)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 4/22/08

 

1. 4/8/2008 CO  Introduced: R, PHS

 

    4/14/2008 PHS Read 2nd & Rerefer;    4/14/2008 R Read 2nd & Rerefer

 

2. 4/22/2008 CO PH Read 2nd & Rereferred; R, PHS

 

 

Ed Brunson representing the First Coast Chapter of the Florida Massage Therapists Association addressed the committee regarding the apparent final sticking point in the bill’s language – the Sheriff’s Office’s desire to restrict the provision of regulated massage services to the hours of 9:00 a.m. to 9:00 p.m. daily.  Mr. Brunson explained that there are numerous occasions when medical protocol may call for therapeutic massage at other times of the day, particularly when ordered by and done under the supervision of a doctor or physical therapist.  He suggested expanding the hours from 6:00 a.m. to 10:00 p.m. and requested a total exclusion of time regulations for massages performed in hospitals, hospices, etc. under the direction of a licensed medical practicioner.  Assistant Chief Hartley of the JSO indicated the JSO’s agreement to this amendment.

 

AMEND to change the hours of operation of massage therapists to 6:00 a.m. to 10:00 p.m. daily, and to add an exclusion on time limitations for massages performed in licensed medical facilities or at the direction and under the supervision of a licensed medical practitioner.

 

RECOMMEND APPROVAL AS AMENDED 4-0

 

Mr. Rohan was asked to speak with the Chairman of the Rules Committee to explain the PHS Committee amendment and recommendation and to discuss the possibility of a discharge of the bill from the Rules Committee at the City Council meeting.

 

7.  2008-283

ORD Approp $1,000 Donation by Wal-Mart to Jax Fire & Rescue for Fire Station #35 Supplies. (BT 08-102) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 4/22/08

 

1. 4/8/2008 CO  Introduced: F,PHS

 

    4/14/2008 PHS Read 2nd & Rerefer;    4/14/2008 F Read 2nd & Rerefer

 

2. 4/22/2008 CO PH Read 2nd & Rereferred; F, PHS

 

 

F: Approve

 

RECOMMEND APPROVAL 4-0

 

 

8.  2008-284

ORD Approp $6,864.76 of Interest Earned in FY 2006-2007 on an Emerg Med Svcs County Award to Enhance & Improve EMS Svcs thru Purchase of Med Equipmt. (BT 08-103) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 4/22/08

 

1. 4/8/2008 CO  Introduced: F,PHS

 

    4/14/2008 PHS Read 2nd & Rerefer;    4/14/2008 F Read 2nd & Rerefer

 

2. 4/22/2008 CO PH Read 2nd & Rereferred; F, PHS

 

 

F: Approve

 

RECOMMEND APPROVAL 4-0

 

 

9.  2008-285

ORD Approp $57,678 from U.S. DOT to the Covert Vehicle DUI Proj Acct for Purchase of 2 Vehicles & Emerg Lighting Systems; Provide for Reversion of Unspent Funds. (BT 08-105) (McCain) (Req of Sheriff)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 4/22/08

 

1. 4/8/2008 CO  Introduced: F,PHS

 

    4/14/2008 PHS Read 2nd & Rerefer;    4/14/2008 F Read 2nd & Rerefer

 

2. 4/22/2008 CO PH Read 2nd & Rereferred; F, PHS

 

 

F: Approve

 

RECOMMEND APPROVAL 4-0

 

 

10.  2008-291

ORD Approp $18,725.88 from Courts Technology Judicial Acct for Lease, Repair & Maint of Copy Machines in County Courthouse. (BT 08-108) (McCain) (Req of Clerk of Courts)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 4/22/08

 

1. 4/8/2008 CO  Introduced: F,PHS

 

    4/14/2008 PHS Read 2nd & Rerefer;    4/14/2008 F Read 2nd & Rerefer

 

2. 4/22/2008 CO PH Read 2nd & Rereferred; F, PHS

 

 

F: Approve

 

RECOMMEND APPROVAL 4-0

 

 

11.  2008-297

ORD Approp $35,000 from Trailridge Landfill Mitigation Fund Cash Carryover Acct for Improvemts at Maxville Fire Station #43; Fire & Rescue Dept to Comply with Procuremt Code; Auth Funds Carryover to FY 2008-2009; Auth Fire & Rescue Dept to Oversee. (Sidman) (C/M Holt)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 4/22/08

 

1. 4/8/2008 CO  Introduced: F,PHS

 

    4/14/2008 PHS Read 2nd & Rerefer;    4/14/2008 F Read 2nd & Rerefer

 

2. 4/22/2008 CO PH Read 2nd & Rereferred; F, PHS

 

 

F: Approve

 

RECOMMEND APPROVAL 4-0

 

 

12.  2008-299

ORD Amend Sec 462.601 (Impounding of Animals) & Sec 462.604 (Voluntary Surrender by Owner) to Identify Holding Times for Impounded Animals; Provide Oversight by Environmental & Compliance Dept. (Teal) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 4/22/08

 

1. 4/8/2008 CO  Introduced: R, PHS

 

    4/14/2008 PHS Read 2nd & Rerefer;    4/14/2008 R Read 2nd & Rerefer

 

2. 4/22/2008 CO PH AMENDED/Read 2nd & Rereferred; R, PHS

 

 

R: Amend/Approve

 

Fred Forbes, acting Chief of the Animal Care and Control Division, stated that the 5-day holding period does not include the day an animal arrives in the shelter or the day the animal is released from the system, nor does it include City holidays.  Ernest Duffy, President of the Alliance of Responsible Pet Owners of Northeast Florida, hopes to get non-adoptable animals out of the Animal Care and Control facility and into the hands of animal rescue organizations during the 5-day holding period as a sort of “foster care” for purposes of getting the animals good medical and other care.  He will discuss the idea further with Fred Forbes.  Leona Shedden, Executive Director of the Jacksonville Humane Society, approves the reduction of the holding period from 7 to 5 days.  Sandy Golding of the Mayor’s Animal Advisory Committee agrees with the amendment but wants to be sure the 5-day period is 5 full days.

 

AMEND to change the holding time from 7 to 5 days, excluding the day of the animal’s intake, the day of disposition, and City holidays.

 

RECOMMEND APPROVAL AS AMENDED 4-0

 

 

13.  2008-310

ORD Approp $422,156.06 ($214,447.61 from Nuisance Abatemt Liens, $53,781.57 from Interest Sanitary Assessmt, $105,028.88 from Demolition Assessmt & $48,898.00 from Code Violation Fines) to the Nuisance Abatemt Spec Lien Fund for City-Wide Nuisance Abatemt; Auth Funds Carryover to FY 2008-2009. (BT 08-111) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 5/13/08

 

1. 4/22/2008 CO  Introduced: F,PHS

 

 

READ 2ND & REREFER

 

14.  2008-318

ORD Apv Mutual Aid Emerg Response Assistance Agreemt among City, Naval Station Mayport & NAS Jacksonville for Firefighting & other Emerg Activities. (McArthur) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 5/13/08

 

1. 4/22/2008 CO  Introduced: F,PHS

 

 

READ 2ND & REREFER

 

15.  2008-319

ORD Auth a License Agreemt with ARC Jacksonville, Inc for Exclusive Use by ARC of City's Bldg at 1050 N. Davis St for $1 Annual Fee in Return for ARC Providing Progs & Essential Svcs to Developmentally Disabled Adults Living in Jax; Invoking Exception of Subsec 126.107(d) (Exemptions), Ord Code which Exempts from Competitive Solication Services Provided to Persons with Mental or Physical Disabilities by Not-for-Profit Corps; Provide Oversight by Dept of Rec & Community Svcs. (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 5/13/08

 

1. 4/22/2008 CO  Introduced: R,F,PHS,RCD

 

 

READ 2ND & REREFER

 

 

 

16.  2008-340

ORD Amend Chapt 120 (Gen Employees & Corrections Officers Pension Plans), Part 3 (Corrections Officers Retiremt Plan), Sec 120.304(f) (Credited Svc; Time Connections; Prior Svc) to Include Fla Dept of Corrections (Certified Officers Only) as an Addnl Govt Agcy for Time Svc Connections within the Corrections Officers Retiremt Plan. (Germany) (C/M Webb)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 5/13/08

 

1. 4/22/2008 CO  Introduced: R,F,PHS

 

 

READ 2ND & REREFER

 

17.  2008-341

ORD Amend Chapt 121 (Police & Fire Pension Plan), Sec 121.105 (Pensioner's Rights upon Reemploymt by City) to Auth Post-Retiremt Re-Employmt by JSO in Positions of Mail Coordinators, Aviation Supervisor, Court Bailiff Supervisor & Corrections Bond Custodian & Auth them to Retain their Pensions; Provide in Accordance with Sec 17.06(ee), City Charter, Exception/Exemption of said Full Time Civilian Positions in JSO. (Rohan) (Req of Sheriff)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 5/13/08

 

1. 4/22/2008 CO  Introduced: R,F,PHS

 

 

READ 2ND & REREFER

 

Chairman Hyde indicated that the committee members should be receiving a letter from the Mayor’s Office shortly explaining the Mayor’s position on the bill.

 

18.  2008-344

ORD Approp $184,840 ($59,840 from Spec Council Operating Contingency & $125,000 from Spec Council Lapse Contingency) to Jax Area Legal Aid to Represent Clients in Foreclosure. (Sidman) (C/M Johnson, Webb, W. Jones)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 5/13/08

 

1. 4/22/2008 CO  Introduced: F,PHS

 

 

READ 2ND & REREFER

 

19.  2008-345

ORD Approp $268,513 from Spec Lapse Contingency, Designated for 2% Operating Lapse from Mayor's Ofc, City Council, the Courts & State Attorney's Ofc, to Restore Funding Placed in Contingency Acct by Ord 2007-813-E. (Sidman) (C/M Webb)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 5/13/08

 

1. 4/22/2008 CO  Introduced: F,PHS

 

 

READ 2ND & REREFER

 

20.  2008-346

ORD Repealing Parts 1 - 5, Chapt 366 (Groundwater Resource Mgmt), Ord Code & Enacting New Parts 1 - 3 to Reestab Groundwater Resource Mgmt Prog Including Well Permitting Requiremts; Renumber Part 6. (Teal) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 5/13/08

 

1. 4/22/2008 CO  Introduced: PHS,TEU

 

READ 2ND & REREFER

 

At the conclusion of the meeting Mark Marques, President and CEO of Joytel Wireless Communications, Inc., made a presentation about a proposed public/private partnership to place wireless surveillance cameras around the downtown area to be monitored by the Sheriff’s Office.  The company proposes an initial pilot project of 8 cameras in the Heming Plaza/Laura Street area, which it hopes to eventually grow into a 94-camera network covering all of downtown.  The company also intends to incorporate “shot spotter” technology into the surveillance system that uses microphones, computer technology and triangulation software to pinpoint the location of a gunshot within seconds of the shot being fired and to focus the surveillance cameras on that location to identify the shooter.

 

Joytel envisions the camera system as a “force multiplier”, allowing one or two JSO officers to monitor the entire downtown area via the cameras and look for suspicious activity.  The video will be available both in a central monitoring facility and also on the JSO’s in-car laptops and on individual officers’ personal electronic devices (PDAs).  The system is intended to serve 2 functions: 1) the deterrent effect from the very visible presence of the cameras watching the public spaces, and 2) the collection of video evidence should a crime take place within range of the cameras.  Mr. Marques said the concept is based on several other downtown camera systems around the world, particularly the London, England model.  He envisions local businesses funding the installation of the cameras through an “adopt-a-camera” program.  Mr. Marques has talked to the Sheriff and Undersheriff and they are supportive of the concept, but need to be sure all the legalities are satisfactorily worked out.

 

Jerry Moran, owner of La Cena restaurant on Laura Street, spoke in favor of the camera surveillance system as a boon to downtown safety and therefore downtown businesses and residents.  He also advocated for larger, more visible signs posting park rules and hours of operation in Heming Plaza, stating that the current signs are too small and inconspicuous and do not specifically enumerate park rules and prohibited behaviors for the general public to see.  Without that adequate public notice, the Sheriff’s Office has difficulty enforcing the rules.

 

There being no further business, the meeting was adjourned at 4:50 p.m.

 

 

 

 

Jeff Clements, City Council Research

630-1405