RULES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

November 03,2008

 

JACK WEBB, CHAIR

 

CHERYL L. BROWN, COUNCIL SECRETARY/DIRECTOR

 

 

MINUTES OF THE REGULAR MEETING of the Council of the City of Jacksonville, held in Council Chambers, City Hall, Jacksonville, Florida, November 03,2008.  The meeting was called to order at 10:00 A.M. by Committee Chair Jack Webb.  The meeting was adjourned at 11:50 A.M.

 

 

 

Members in Attendance:                                                    Staff Attendance:

                 

                      CM Jack Webb, Chair                                                      Shirley Nulf, Legislative Aide

                      CM Kevin Hyde, Vice Chair                                               Heather Norsworthy, Asst. Auditor

                       CM Daniel Davis                                                              Peggy Sidman, Attorney

                       CM Glorious Johnson                                                       Rick Campbell, Research Asst.

                       CM Warren Jones                                                                  Sherry Hall, Administration

                      CM Art Shad                                                      

                       CM Clay Yarborough

                       

 

 

 

 

 

Others in Attendance:

 

James Richardson, Neighborhood Division (2008-821)

Carlton Jones  (2008-821)

John Clark, JAA  (2008-839)

Jody McDaniel, Planning (2008-900)

Allison Defoor  (2008-911)

Kevin Gay  (2008-911)

 

 

 

 

 

 

1.    2008-847   A RESOLUTION APPOINTING HENRY W. COOK AS A MEMBER OF THE BOARD OF TRUSTEES OF THE JACKSONVILLE RETIREMENT SYSTEM, REPLACING HENRY FREEMAN AS A CITIZEN TRUSTEE, FOR A THREE-YEAR TERM, PURSUANT TO CHAPTER 120, ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE; 10/20/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: November 03, 2008

 

Recommend to AMEND and  APPROVE.

 

AYES - Davis, Hyde, Johnson, Shad, Webb, Yarborough, ( 6 )

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2.    2008-903   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF RICHARD J. MOORE, REPLACING ALFRED B. PITTMAN, AS A HISTORY REPRESENTATIVE TO THE HISTORIC PRESERVATION COMMISSION, PURSUANT TO CHAPTER 76, ORDINANCE CODE, FOR A FIRST FULL TERM TO EXPIRE MARCH 4, 2011; PROVIDING AN EFFECTIVE DATE; 10/20/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: November 03, 2008

 

Recommend to APPROVE.

 

AYES - Davis, Hyde, Johnson, Shad, Webb, Yarborough, ( 6 )

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3.    2008-904   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF DAVID B. CASE, REPLACING RICARDO E. QUINONES, AS AN ARCHITECT REPRESENTATIVE, TO THE HISTORIC PRESERVATION COMMISSION, PURSUANT TO CHAPTER 76, ORDINANCE CODE, FOR A FIRST FULL TERM TO EXPIRE MARCH 4, 2011; PROVIDING AN EFFECTIVE DATE; 10/20/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: November 03, 2008

 

Recommend to APPROVE.

 

AYES - Davis, Hyde, Johnson, Shad, Webb, Yarborough, ( 6 )

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4.    2008-917   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF ANGELLA SCHIFENELLA, REPLACING FRANKLIN REINSTINE JR., AS AN ARCHITECT REPRESENTATIVE TO THE HISTORIC PRESERVATION COMMISSION PURSUANT TO CHAPTER 76, ORDINANCE CODE, FOR AN UNEXPIRED TERM TO EXPIRE MARCH 4, 2009 AND FOR FIRST FULL TERM TO EXPIRE MARCH 4, 2012, IMMEDIATELY THEREAFTER; PROVIDING AN EFFECTIVE DATE; 10/20/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: November 03, 2008

 

Recommend to APPROVE.

 

AYES - Davis, Hyde, Johnson, Shad, Webb, Yarborough, ( 6 )

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5.    2008-659   A RESOLUTION CONFIRMING THE REAPPOINTMENT OF NORMAN C. REIMER, JEA REPRESENTATIVE TO THE CIVIL SERVICE BOARD OF THE CITY OF JACKSONVILLE, FOR A SECOND TERM TO EXPIRE ON JUNE 30, 2011; PROVIDING FOR A RETROACTIVE APPOINTMENT AND CONFIRMATION; PROVIDING AN EFFECTIVE DATE; 8/18/2008 - Read 2nd & Rerefer; 9/2/2008 - Approve 4-0

 

REPORT OF THE COMMITTEE ON RULES: November 03, 2008

 

Recommend to APPROVE.

 

AYES - Davis, Hyde, Johnson, Shad, Webb, Yarborough, ( 6 )

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6.    2008-851   AN ORDINANCE CONCERNING A CONTINUATION GRANT; APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, THE THIRD AMENDMENT TO THE 2006-2007 DUVAL SOIL AND WATER MISCELLANEOUS APPROPRIATIONS CONTRACT (#5296-30) SO AS TO EXTEND THE PERIOD OF THE MISCELLANEOUS APPROPRIATION AND ALL REPORTING DATES, WITH NO LAPSE IN FUNDING, TO SEPTEMBER 30, 2009, THUS EFFECTIVELY ALLOWING THE CARRYOVER OF FUNDS FROM FISCAL YEAR 2007-2008 TO FISCAL YEAR 2008-2009; WAIVING SECTION 118.301(A)(5), ORDINANCE CODE, RELATING TO THE APPROPRIATION PROCESS AND THE TIMELINESS OF THE USE OF FUNDS TO THE EXTENT SAID PROVISION IS INCONSISTENT WITH THIS ORDINANCE; PROVIDING FOR CITY OVERSIGHT BY THE DEPARTMENT OF RECREATION AND COMMUNITY SERVICES, COUNTY EXTENSION OFFICE; PROVIDING AN EFFECTIVE DATE; 10/20/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RECREATION & COMMUNITY DEVELOPMENT: October 21, 2008

 

Recommend be READ for the SECOND time and REREFERRED to the Committee(s) of reference.

 

REPORT OF THE COMMITTEE ON RULES: November 03, 2008

 

Recommend to AMEND and  APPROVE.

 

AYES - Davis, Hyde, Johnson, Shad, Webb, Yarborough, ( 6 )

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7.    2008-911   AN ORDINANCE REGARDING FAVORABLE CONSIDERATION IN EMPLOYMENT FOR EX-OFFENDERS; CREATING A NEW PART 6 (EX-OFFENDER CONSIDERATION AND OPPORTUNITY) TO CHAPTER 116 (EMPLOYEES AND EMPLOYEE BENEFITS), ORDINANCE CODE, TO PROVIDE FAVORABLE CONSIDERATION IN EMPLOYMENT FOR CERTAIN EX-OFFENDERS; REQUIRING THE ESTABLISHMENT OF RULES BY THE HUMAN RESOURCES DIVISION; EXEMPTING THE FAVORABLE CONSIDERATION FROM THE PROHIBITIONS SET FORTH IN SECTION 400.215(B), ORDINANCE CODE; AMENDING PART 1 (GENERAL REGULATIONS) OF CHAPTER 126 (PROCUREMENT CODE) BY CREATING A NEW SECTION 126.111 (EX-OFFENDER RE-ENTRY REQUIREMENTS TO REQUIRE CERTAIN CITY CONTRACTORS TO AGREE TO IDENTIFY POTENTIAL JOB OPPORTUNITIES THAT MAY BE AVAILABLE FOR EX-OFFENDERS, AND TO REPORT TO AND COOPERATE WITH THE CITY REGARDING EX-OFFENDER REENTRY OPPORTUNITIES; PROVIDING AN EFFECTIVE DATE; 10/20/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: November 03, 2008

 

Recommend to SUBSTITUTE and APPROVE.

 

AYES - Davis, Hyde, Johnson, Webb, Yarborough, ( 5 )

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8.    2008-914   A RESOLUTION EXPRESSING THE CITY'S SUPPORT FOR A RIVERSIDE ARTISTS' MARKET ON THE PROPERTY LOCATED UNDER THE FULLER WARREN BRIDGE ON THE NORTHBANK IN THE RIVERSIDE AREA, JACKSONVILLE; ENCOURAGING THE FLORIDA DEPARTMENT OF TRANSPORTATION, THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE CITY OF JACKSONVILLE TO EMBRACE A COLLABORATIVE EFFORT TO BRING THE MARKET TO THE CITIZENS OF JACKSONVILLE; PROVIDING AN EFFECTIVE DATE; 10/20/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: November 03, 2008

 

Recommend to APPROVE.

 

AYES - Davis, Hyde, Johnson, Webb, Yarborough, ( 5 )

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9.    2008-916   AN ORDINANCE APPROPRIATING $25,000 FROM ETR BONDS, SERIES 2004 (AUTUMN BONDS) FROM THE COUNCIL DISTRICT 8 EXCISE TAX REVENUE BOND ACCOUNT, TO PROVIDE FUNDING TO THE FIRST TEE OF JACKSONVILLE., INC. TO CONTRIBUTE TOWARDS THE CONSTRUCTION OF A LEARNING CENTER; FINDING A MUNICIPAL PURPOSE; WAIVING THE REQUIREMENTS OF THE AUTUMN BOND, ORDINANCE 2004-998-E, AS AMENDED BY 2005-1044-E AND SECTION 106.315, ORDINANCE CODE, THAT BOND FUNDS BE USED ON CITY PROPERTY AND BE OPEN TO THE PUBLIC; AUTHORIZING THE MAYOR OR HIS DESIGNEE AND THE CORPORATE SECRETARY TO EXECUTE A FIRST AMENDMENT TO THE GRANT FUNDING AGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND FIRST TEE, AND THE FIRST AMENDMENT TO THE LEASE, SUBLEASE AND CONSTRUCTION AGREEMENT BETWEEN THE DUVAL COUNTY SCHOOL BOARD, THE CITY OF JACKSONVILLE,  AND FIRST TEE OF JACKSONVILLE, INC.; PROVIDING FOR REVERTER / DEFAULT PROVISIONS; APPOINTING THE DEPARTMENT OF PUBLIC WORKS TO OVERSEE THE PROJECT; PROVIDING AN EFFECTIVE DATE; 10/20/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RECREATION & COMMUNITY DEVELOPMENT: October 21, 2008

 

Recommend be READ for the SECOND time and REREFERRED to the Committee(s) of reference.

 

REPORT OF THE COMMITTEE ON RULES: November 03, 2008

 

Recommend to AMEND and  APPROVE.

 

AYES - Davis, Hyde, Johnson, Webb, Yarborough, ( 5 )

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10.    2008-920   AN ORDINANCE APPROPRIATING $153,011.17 FROM THE TRAIL RIDGE MITIGATION FUNDS ($12,741.30 FOR DESIGN PROFESSIONAL ENGINEERING FEES, PUBLIC WORKS INTERNAL CHARGES, AND $140,269.87 HDR ENGINEERING, INC. PROJECT AND DESIGN FEES) FOR THE MAXVILLE PARK EXPANSION PHASE I; AMENDING THE 2008-2013 FIVE YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2008-555-E, FOR THE PROJECT ENTITLED "MAXVILLE PARK EXPANSION- PHASE I"; PROVIDING FOR A PROCUREMENT DIRECTIVE; DESIGNATING THE DEPARTMENT OF RECREATION AND COMMUNITY SERVICES TO OVERSEE FUNDING THE PROJECT; PROVIDING AN EFFECTIVE DATE; 10/20/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RECREATION & COMMUNITY DEVELOPMENT: October 21, 2008

 

Recommend be READ for the SECOND time and REREFERRED to the Committee(s) of reference.

 

REPORT OF THE COMMITTEE ON RULES: November 03, 2008

 

Recommend to AMEND and  APPROVE.

 

AYES - Davis, Hyde, Johnson, Webb, Yarborough, ( 5 )

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11.    2008-957   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, THE ACCESS AND USE AGREEMENT BETWEEN THE CITY OF JACKSONVILLE (CITY) AND THE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP), TO PROVIDE DEP WITH ACCESS TO AND USE OF A PORTION OF THE CITY'S YELLOW WATER CREEK TRAILHEAD PARK FOR CONSTRUCTION AND OPERATION OF AN ENVIRONMENTAL MONITORING STATION TO DEVELOP STATEWIDE MERCURY TOTAL MAXIMUM DAILY LOAD (TMDL) AND EMISSION REDUCTION PLANS, FOR A TWO (2) YEAR TERM, WITH OPTIONS FOR ADDITIONAL ONE (1) YEAR EXTENSIONS; REQUESTING EMERGENCY PASSAGE; PROVIDING AN EFFECTIVE DATE.

 

Recommend to AMEND and APPROVE.

 

AYES - Davis, Hyde, Johnson, Webb, Yarborough, ( 5 )

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12.    2008-961   A RESOLUTION CONCERNING THE COUNTRY'S EFFORTS TO REDUCE SMOKING; COMMENDING THE EFFORTS OF THE JACKSONVILLE HOSPITAL COMMUNITY TO BECOME SMOKE-FREE; ACKNOWLEDGING THE HOSPITAL COMMUNITY'S EFFORTS IN CELEBRATION OF THE NATIONAL "GREAT AMERICAN SMOKE-OUT"; ENCOURAGING THE CITY OF JACKSONVILLE TO CONSIDER IMPLEMENTING SMOKE-FREE POLICIES AND PRACTICES; ENCOURAGING ENFORCEMENT; PROVIDING AN EFFECTIVE DATE.

 

Recommend to APPROVE.

 

AYES - Davis, Hyde, Johnson, Webb, Yarborough, ( 5 )

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13.    2008-962   A RESOLUTION HONORING AND COMMENDING NILDA ALEJANDRO FOR HER TIRELESS EFFORTS TO ORGANIZE AND PROMOTE THE INTERESTS OF JACKSONVILLE'S HISPANIC COMMUNITY; PROVIDING AN EFFECTIVE DATE.

 

Recommend to APPROVE.

 

AYES - Davis, Hyde, Johnson, Webb, Yarborough, ( 5 )

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14.    2008-963   A RESOLUTION RECOGNIZING AND COMMEMORATING THE LIFE OF JACKSONVILLE SHERIFF'S OFFICER CHRISTOPHER M. KANE; PROVIDING AN EFFECTIVE DATE.

 

Recommend to APPROVE.

 

AYES - Davis, Hyde, Johnson, Webb, Yarborough, ( 5 )

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15.    2008-979   A RESOLUTION HONORING THE ALDERMAN PARK CIVIC ASSOCIATION ON THE OCCASION OF ITS 50TH ANNIVERSARY; PROVIDING AN EFFECTIVE DATE.

 

Recommend to APPROVE.

 

AYES - Davis, Hyde, Johnson, Webb, Yarborough, ( 5 )

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16.    2008-980   A RESOLUTION DECLARING JANUARY 13, 2009 TO BE "HOMESCHOOLING DAY" IN JACKSONVILLE; PROVIDING AN EFFECTIVE DATE.

 

Recommend to APPROVE.

 

AYES - Davis, Hyde, Johnson, Webb, Yarborough, ( 5 )

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2ND READINGS

 

17.    2008-906   A RESOLUTION ADVANCING THE CITY COUNCIL'S SUPPORT FOR LOCAL BILL J-2, TO BE CONSIDERED BY THE DUVAL COUNTY LEGISLATIVE DELEGATION, WHICH WOULD AMEND SECTION 22.04 (GENERAL POWERS) OF ARTICLE 22 (JACKSONVILLE POLICE AND FIRE PENSION FUND BOARD OF TRUSTEES) OF THE CHARTER OF THE CITY OF JACKSONVILLE, TO AUTHORIZE THE JACKSONVILLE POLICE AND FIRE PENSION FUND BOARD OF TRUSTEES TO INCREASE ITS INVESTMENTS IN REAL ESTATE ASSETS FROM TEN (10%) PERCENT TO TWENTY (20%) PERCENT; PROVIDING AN EFFECTIVE DATE

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18.    2008-907   A RESOLUTION ADVANCING THE CITY COUNCIL'S SUPPORT FOR LOCAL BILL J-3, TO BE CONSIDERED BY THE DUVAL COUNTY LEGISLATIVE DELEGATION, WHICH IS AN ACT RELATING TO THE CHARTER OF THE CITY OF JACKSONVILLE, AS ESTABLISHED IN CHAPTER 92-341, LAWS OF FLORIDA, AS AMENDED; RELATING TO INDEPENDENT AGENCIES OF THE CITY OF JACKSONVILLE AND STATE OF FLORIDA FINANCIAL DISCLOSURE REQUIREMENTS; AMENDING ARTICLE 18 (MISCELLANEOUS PROVISIONS) OF THE CHARTER TO ADD A NEW SECTION 18.12 (INDEPENDENT AGENCIES; FINANCIAL DISCLOSURE) TO REQUIRE THE BOARDS OF DIRECTORS OR TRUSTEES AND THE CHIEF EXECUTIVE OFFICERS AND THE DEPUTY CHIEF EXECUTIVE OFFICERS, OF THE DUVAL COUNTY SCHOOL BOARD, THE JACKSONVILLE PORT AUTHORITY, THE JACKSONVILLE AVIATION AUTHORITY, THE JEA, THE JACKSONVILLE TRANSPORTATION AUTHORITY, AND THE JACKSONVILLE POLICE AND FIRE PENSION FUND BOARD OF TRUSTEES, TO FILE A STATEMENT OF FINANCIAL INTERESTS AND OTHERWISE COMPLY WITH SECTION 112.3145 FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE

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19.    2008-958   AN ORDINANCE AMENDING SECTION 116.708 (DISPOSITION OF AUXILIARY POLICE OFFICER'S BADGE, CAP AND SERVICE SIDEARM UPON LEAVING AUXILIARY SERVICE AFTER 20 OR MORE YEARS), ORDINANCE CODE; PROVIDING FOR FORFEITURE AND RETURN; PROVIDING AN EFFECTIVE DATE.

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20.    2008-960   A RESOLUTION ADVANCING THE CITY COUNCIL'S SUPPORT FOR LOCAL BILL J-4, TO BE CONSIDERED BY THE DUVAL COUNTY LEGISLATIVE DELEGATION, WHICH IS AN ACT RELATING TO THE CHARTER OF THE CITY OF JACKSONVILLE, AS ESTABLISHED IN CHAPTER 92-341, LAWS OF FLORIDA, AS AMENDED; RELATING TO THE COUNCIL AND INDEPENDENT AGENCIES OF THE CITY OF JACKSONVILLE; AMENDING ARTICLE 5 (THE COUNCIL), SECTION 5.07 (POWERS) OF THE CHARTER, TO LIMIT THE EXPENDITURE OF FUNDS BY INDEPENDENT AGENCIES IN DEROGATION OF CITY ORDINANCES; PROVIDING AN EFFECTIVE DATE.

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21.    2008-964   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF HELEN C. ROWAN, REPLACING JOSEPH LOUIS BARROW, JR. TO THE JACKSONVILLE ECONOMIC DEVELOPMENT COMMISSION, PURSUANT TO ARTICLE 24 (JACKSONVILLE ECONOMIC DEVELOPMENT COMMISSION), CHARTER OF CITY OF JACKSONVILLE, FOR AN UNEXPIRED TERM TO EXPIRE JUNE 30, 2009; PROVIDING AN EFFECTIVE DATE.

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22.    2008-965   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF HERSCHEL T. VINYARD, REPLACING TONY D. NELSON, TO THE JACKSONVILLE PORT AUTHORITY, PURSUANT TO ARTICLE 5 (JACKSONVILLE PORT AUTHORITY), RELATED LAWS, FOR AN UNEXPIRED TERM TO EXPIRE SEPTEMBER 30, 2009; PROVIDING AN EFFECTIVE DATE.

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23.    2008-976   AN ORDINANCE CONCERNING CHAPTER 118 (PUBLIC SERVICE GRANT APPROPRIATIONS), PART 6 (CULTURAL SERVICE GRANT PROGRAM) ORDINANCE CODE; AMENDING SECTION (RELEASE OF APPROPRIATIONS) TO ALLOW ADVANCE QUARTERLY FUNDING AND TO CLARIFY REPORTING SCHEDULE; AUTHORIZING AND DIRECTING 2008-2009 CONTRACTS PURSUANT TO CHAPTER 118 PART 6 TO BE EXECUTED IN ACCORDANCE WITH THE CHANGE HEREIN; REQUESTING EMERGENCY PASSAGE; PROVIDING AN EFFECTIVE DATE.

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24.    2008-977   A RESOLUTION CONFIRMING THE REAPPOINTMENT OF NATHANIEL GLOVER, JR. AS A MEMBER OF THE JACKSONVILLE POLICE AND FIRE PENSION BOARD OF TRUSTEES, FOR A TWO-YEAR TERM EXPIRING OCTOBER 15, 2010, PURSUANT TO THE APPLICABLE PROVISIONS OF CHAPTERS 175.061 AND 185.05, FLORIDA STATUTES, AND ARTICLE 22, JACKSONVILLE CHARTER; PROVIDING AN EFFECTIVE DATE.

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25.    2008-978   A RESOLUTION CONFIRMING THE REAPPOINTMENT OF M.G. ORENDER AS A MEMBER OF THE COMCAST SETTLEMENT COMMUNITY PANEL, PURSUANT TO RESOLUTION 2003-186-A, FOR A THIRD TERM BEGINNING JANUARY 1, 2009 AND ENDING DECEMBER 31, 2009; PROVIDING AN EFFECTIVE DATE.

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