JACKSONVILLE
RESEARCH DIVISION
PUBLIC HEALTH AND SAFETY COMMITTEE
MINUTES
JANUARY 14, 2008
4:00 P.M.
CITY COUNCIL CHAMBER
1st floor, City Hall
117 W. Duval Street
Attendance: Kevin
Hyde (Chair), Committee Members, Gaffney, Holt, Joost, M. Jones, Redman and
Yarborough
The meeting was called to
order at 4:01 p.m.
Item #8 – Ordinance 2007-1394
– was taken up first on the agenda, followed by item #11 - 2007-29.
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Item/File No. |
Title/History |
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1. 2007-984 |
RESO
of Opposition to Extension of any Runway at Craig Air Field; Directing
Distribution of Reso to Jax Aviation Authority & Dir of Planning &
Dev. (Sidman) (C/M Yarborough & Bishop) |
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1.
9/11/2007 CO Introduced: TEU, LUZ, PHS
(Per CP 11-5-07) |
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9/18/2007 LUZ Read 2nd &
Rerefer; 9/18/2007 TEU Amend/Read
2nd & Rerefer 7-0 |
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2.
9/25/2007 CO Read 2nd & Rereferred; TEU, LUZ |
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10/16/2007 LUZ Amend/Rerefer 5-0; 10/16/2007 TEU Amend/Rerefer 5-0 |
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3.
10/23/2007 CO AMENDED/Rereferred; TEU, LUZ, PHS (Per CP 11-5-07) |
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11/6/2007 TEU Approve 2-5 (Failed) |
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RECOMMEND WITHDRAWAL 7-0 |
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2. 2007-1299 |
ORD
Apv Retention of Spec Counsel to advise JSO on Criminal Procedure & Law;
Provide for Compensation ($95,000 Annually) & Responsibility for Pymt.
(Rohan) (Req of Sheriff & Gen Counsel) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/8/08 |
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1.
12/11/2007 CO Introduced: F,PHS |
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1/2/2008 PHS Read 2nd & Rerefer; 1/2/2008 F Read 2nd & Rerefer |
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2.
1/8/2008 CO PH Read 2nd & Rereferred; F,PHS |
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AMEND to add provision specifying an hourly
rate of $45.67 for the contract services RECOMMEND APPROVAL AS AMENDED
7-0 |
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3. 2007-1317 |
ORD
Approp $56,250 from U.S. Dept of Homeland Security to JSO for Specialized
Equpmt to sustain SWAT & EOD Teams performing Anti-Terrorism Operations.
(BT 08-045) (McCain) (Req of Sheriff) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/8/08 |
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1.
12/11/2007 CO Introduced: F,PHS |
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1/2/2008 PHS Read 2nd & Rerefer; 1/2/2008 F Read 2nd & Rerefer |
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2.
1/8/2008 CO PH Read 2nd & Rereferred; F,PHS |
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RECOMMEND APPROVAL 7-0 |
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4. 2007-1318 |
ORD
Approp $146,772 from U.S. Dept of Homeland Security to JSO for Technologies
& Equpmt to enhance Capabilities of SWAT & EOD Teams performing
Anti-Terrorism Operations. (BT 08-046) (McCain) (Req of Sheriff) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/8/08 |
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1.
12/11/2007 CO Introduced: F,PHS |
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1/2/2008 PHS Read 2nd & Rerefer; 1/2/2008 F Read 2nd & Rerefer |
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2.
1/8/2008 CO PH Read 2nd & Rereferred; F,PHS |
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RECOMMEND APPROVAL 7-0 |
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5. 2007-1319 |
ORD
Approp $71,500 from U.S. Dept of Homeland Security to JSO for Technologies
& Equpmt to enhance Aerial Observation Capabilities of JSO's Aviation
Unit in performing Anti-Terrorism Operations. (BT 08-047) (McCain) (Req of
Sheriff) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/8/08 |
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1.
12/11/2007 CO Introduced: F,PHS |
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1/2/2008 PHS Read 2nd & Rerefer; 1/2/2008 F Read 2nd & Rerefer |
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2.
1/8/2008 CO PH Read 2nd & Rereferred; F,PHS |
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RECOMMEND APPROVAL 7-0 |
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6. 2007-1320 |
ORD
Approp $20,000 from Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/8/08 |
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1.
12/11/2007 CO Introduced: F,PHS |
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1/2/2008 PHS Read 2nd & Rerefer; 1/2/2008 F Read 2nd & Rerefer |
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2.
1/8/2008 CO PH Read 2nd & Rereferred; F,PHS |
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RECOMMEND APPROVAL 7-0 |
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7. 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 |
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1.
12/11/2007 CO Introduced: PHS,RCD |
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1/2/2008 PHS Read 2nd & Rerefer |
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1/3/2008 RCD Read 2nd & Rerefer |
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2.
1/8/2008 CO PH Read 2nd & Rereferred; PHS, RCD |
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DEFER |
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8. 2007-1349 |
ORD
Auth Memo of Understanding with Clerk of the Circuit & County Courts;
Waiving Portions of Ord Code. (French) (Req of Mayor) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/8/08 |
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1.
12/11/2007 CO Introduced: F,PHS,R |
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1/2/2008 PHS Read 2nd & Rerefer; 1/2/2008 F Emerg/Amend/Approve 3-2
(Joost, Lee) (Failed); 1/2/2008 R
Emerg/Amend/Approve 5-0 |
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2.
1/8/2008 CO PH Read 2nd & Rereferred; F, PHS, R |
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Clerk
of the Courts Jim Fuller addressed the committee, briefly explaining his
office’s functions and outlining the nature of the disagreement between the
City and his office over interpretation of provisions of Article V of the
Florida Constitution. AMEND to incorporate Council Auditor’s
recommendations as outlined in the attachment to the agenda dated 1/11/08: ·
Add
“Whereas” clause clarifying that Clerk will be responsible for funding all
his computer technology and other IT services ·
More clearly
define “City funds” in MOU ·
Delete
reference to “Aptitude Solutions” in second Whereas clause of MOU ·
Revise Sec.
B.2 to specify which days each quarter recording fee payments are due ·
Revise Secs.
C.1 and C.3 of MOU to require the administration rather than the Council
Auditor to verify accuracy of IT and storage costs ·
Revise Sec.
D.1 to delete “to ensure compliance with good accounting practices and
applicable laws” ·
Amend
ordinance to delete reference to waiver of Sec. 13.103, Ord. Code. ·
Change
reference from “Procurement and Supply Dept.” to “Procurement Division” ·
Change
reference from “Administration and Finance Dept.” to “Finance Department” RECOMMEND APPROVAL AS AMENDED
5-0 |
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9. 2008-13 |
RESO
Strongly Urging 110th Congress of U.S. to Unanimously Co-Sponsor & Pass
Second Chance Act of 2007, Senate Bill 1060 & House Bill 1593 to Reduce
Recidivism & Provide Expanded Svcs to Adult & Juvenile Offenders
& their Families for Reentry into Society; Directing Distribution of
Reso. (Sidman) (M.Jones) |
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1.
1/8/2008 CO Introduced: R, PHS |
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EMERGENCY approved at Council Member M. Jones’
request in order to forward the request to Congress as they are returning to
session after the holidays in hopes of obtaining funding for the City’s
anti-crime efforts. AMENDED to insert emergency approval
language. RECOMMEND APPROVAL AS AMENDED,
AS AN EMERGENCY 7-0 |
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10. 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 |
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1.
1/8/2008 CO Introduced:
PHS,TEU,RCD,JWW |
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READ 2ND &
REREFER |
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11. 2008-29 |
ORD
Approp $3,000,000 from Emerg Rsv for Overtime Pay for Officers Deployed by
JSO in Operation Safe Streets, Provide Reimbursemt of Funds Approp from Emerg
Rsv. (BT 08-070) (McCain) (Req of Mayor) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/22/08 |
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1.
1/8/2008 CO Introduced: F,PHS |
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Undersheriff
Frank Mackesy explained that this funding will be used as a similar
appropriation was used in 2006 – for overtime to saturate high crime areas
identified by the JSO’s research and analysis unit with extra officers when
and where needed to attack the worst crime problems. In 2006 the JSO made 33,000 positive
contacts with citizens, found out what the problems were and where, and
effected a 38% reduction in the murder rate in the second half of that
year. The JSO could theoretically
expend the funds at a rate of $1 million per month, but expects to be able to
stretch it over 5 or 6 months. The
committee discussed the need for sustainability of these intensified efforts,
and Undersheriff Mackesy pointed out that the recent Matrix study shows that
a substantial number of additional officers is needed to deal with the City’s
growing population. EMERGENCY approved to appropriate the funds
and attack the crime problem as rapidly as possible. RECOMMEND APPROVAL AS AN EMERGENCY 7-0 |
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12. 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 |
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1.
1/8/2008 CO Introduced: PHS,TEU READ 2ND &
REREFER |
At the conclusion of the
regular agenda Beverly McClain, director of Families of Slain Children,
distributed a handout and introduced several mothers who addressed the
committee about their experiences in losing a child to murder and their
experiences with the Sheriff’s Office response to their situations. Speakers included Mandy Miller, Machelle
Woods, Sarah Miles Mobley and Elizabeth Toole.
The women described a seeming lack of sensitivity on the part of the JSO
to their plight, a lack of information and communication about what was
happening in the JSO and State Attorney’s Office regarding the capture and prosecution
of their children’s killers, and difficulty in finding and affording the
counseling they and their families need to cope with the tragedies.
Committee members discussed
the need to find the resources to support crime victims, especially the families
who have lost loved ones to homicide. It
was noted that there is only one victim services officer in the JSO, and that
position was barely saved from elimination in last year’s budget debate. Undersheriff Mackesy stated that the JSO and
Sheriff Rutherford empathize with and very much want to communicate with the
victims and families touched by crime but are sometimes limited by resources
and by constraints of proper criminal investigation and prosecution procedures
in what they can say and when.
Alan Mosley, the City’s Chief
Administrative Officer, briefly addressed the subject of vehicle fleet
maintenance outsourcing and the need for a real “apples to apples” comparison
of public sector vs. private sector costs, speed and quality of service. He sees the need for a joint meeting of
representatives of Auto Masters, the JSO, the Council Auditor’s Office, Fleet
Management, and others to come to mutual agreement on a set of comparable costs
and methodologies. If the decision is
made to outsource fleet maintenance services, and the administration is open to
that idea, then an RFP process will be necessary and any interested company
will have the opportunity to make a proposal.
Council Member Joost suggested using a test sample of vehicles to be
serviced by the City and by AutoMasters to compare the costs and time for
comparable jobs.
Council Member Redman spoke
briefly about out-of-school suspensions and truancy prevention. Truancy is a big problem in
Council Member Mia Jones told
the committee that Mayor Peyton announced last Friday that the
Council Member Joost introduced
the idea of amending the City’s Tree Protection and Related Expenses Trust Fund
ordinance to permit more of the funds to be expended for tree maintenance
rather than just tree planting.
Assistant General Counsel Tracey Arpen explained the background of the
trust fund’s adoption and the regulations on its use. The authorizing ordinance was specifically
worded so that the trust fund could not be used as the sole or primary funding
source for all of Public Works’ tree maintenance activities, limiting use of
the trust fund to no more than 10% of the annual tree maintenance budget. Mr. Joost feels that a much greater effort
needs to be made to keep trees alive through proper pruning, fertilizing, and
other maintenance practices rather than letting trees die and using more trust
fund resources to replant them. There is
also public safety and crime fighting benefits to be had from pruning trees so
that street lights can better do their job of illuminating neighborhoods.
Mr. Arpen noted that the City
has been careful in its use of the trust fund in order to preserve it from
possible legal challenges on the grounds of the fee being a tax in
disguise. The tree protection trust fund
option is more defensible to the extent that it is used strictly for the
planting and encouraging the growth of trees to replace those cut down in the
course of development, and to the extent that the rationale for the use of the
funds is NOT aesthetics, public safety, or other uses that don’t meet the
rational nexus test for which the funds are collected. Staff is collecting data on the total number
of trees that have been planted using Tree Protection and Related Expenses
Trust Fund dollars, but it is a lengthy process involving several different
city agencies with tree planting responsibilities.
There being no further
business, the meeting was adjourned at 5:15 p.m.
Jeff Clements, City Council
Research
630-1405