RULES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

July 14,2008

 

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, July 14,2008. The meeting was called to order at 11:00 A.M. by Committee Chair Jack Webb. The meeting was adjourned at 12:15 P.M.

 

 

 

Members in Attendance: Staff Attendance:

CM Jack Webb, Chair Shirley Nulf, Legislative Aide

CM Kevin Hyde, Vice Chair Excused 11:58 Phillip Peterson, Asst. Council Auditor

CM Daniel Davis Excused 11:58 Steve Rohan, Attorney

CM Glorious Johnson Arrived 11:07 Rick Campbell, Research Asst.

CM Warren Jones Sherry Hall, Administration

CM Art Shad

CM Clay Yarborough

 

 

 

 

 

Others in Attendance:

 

Nelson Cuba, JSO (2008-369)

Carla Miller, Ethics Office (2008-470)

Bob Williams, Real Estate (2008-486)

Wight Greger, Neighborhoods Dept (2008-497)

Heather Norsworthy, Auditor Office

Millie Reeves, Central Operations Dept (2008-468)

 

 

 

 

 

1. 2008-505 A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF THOMAS J. MAJDANICS TO THE JACKSONVILLE CHILDRENS COMMISSION, REPLACING CLARENCE H. HOUSTON, JR., PURSUANT TO CHAPTER 51, ORDINANCE CODE, FOR A FIRST FULL TERM TO EXPIRE JULY 15, 2012; PROVIDING AN EFFECTIVE DATE; 6/16/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: July 14, 2008

 

Recommend to APPROVE.

 

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

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2. 2008-512 A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF JOHN DONAHOO III TO THE PUBLIC SERVICE GRANT COUNCIL, PURSUANT TO SECTION 118.202, ORDINANCE CODE, FOR A FIRST FULL TERM EXPIRING MARCH 31, 2011; PROVIDING AN EFFECTIVE DATE.; 6/16/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: July 14, 2008

 

Recommend to APPROVE.

 

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

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3. 2008-433 A RESOLUTION APPOINTING ALMETHIA NIXON DAVIS AS A MEMBER OF THE JACKSONVILLE - DUVAL COUNTY COUNCIL ON ELDER AFFAIRS, REPLACING BENJAMIN WALKER AS THE COUNCIL DISTRICT 12 REPRESENTATIVE, PURSUANT TO CHAPTER 82, ORDINANCE CODE, FOR A FIRST TERM BEGINNING JULY 1, 2008 AND EXPIRING JUNE 30, 2010; PROVIDING AN EFFECTIVE DATE; 6/2/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: July 14, 2008

 

Recommend to APPROVE.

 

AYES - Davis, Hyde, Johnson, Jones, Shad, Webb, Yarborough, ( 7 )

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4. 2008-502 A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF NATHAN L. REZEAU AS CHIEF OF THE WATERFRONT MANAGEMENT PROGRAMMING DIVISION OF THE RECREATION AND COMMUNITY SERVICES DEPARTMENT; PROVIDING FOR A RETROACTIVE APPOINTMENT AND CONFIRMATION; PROVIDING AN EFFECTIVE DATE.; 6/16/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: July 14, 2008

 

Recommend to APPROVE.

 

AYES - Davis, Hyde, Johnson, Jones, Shad, Webb, Yarborough, ( 7 )

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5. 2008-503 A RESOLUTION CONFIRMING THE SHERIFF'S APPOINTMENT OF JOHN P. HARTLEY, AS CHIEF OF CONTINUOUS IMPROVEMENT DIVISION, IN THE OFFICE OF THE SHERIFF, PURSUANT TO SECTION 37.1041, ORDINANCE CODE; PROVIDING A RETROACTIVE APPOINTMENT AND CONFIRMATION; PROVIDING AN EFFECTIVE DATE; 6/16/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: July 14, 2008

 

Recommend to APPROVE.

 

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

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6. 2008-506 A RESOLUTION CONFIRMING THE APPOINTMENT OF COUNCIL MEMBER RICHARD CLARK TO THE DUVAL COUNTY CANVASSING BOARD, PURSUANT TO SECTION 350.112, ORDINANCE CODE AND SECTION 102.141(1)(C), FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE.; 6/16/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: July 14, 2008

 

Recommend to APPROVE.

 

AYES - Davis, Hyde, Johnson, Jones, Shad, Webb, Yarborough, ( 7 )

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7. 2008-507 A RESOLUTION CONFIRMING THE APPOINTMENT OF COUNCIL MEMBER RICHARD CLARK TO THE DUVAL COUNTY CANVASSING BOARD, PURSUANT TO SECTION 350.112, ORDINANCE CODE AND SECTION 102.141(1)(C), FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE.; 6/16/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: July 14, 2008

 

Recommend to APPROVE.

 

AYES - Davis, Hyde, Johnson, Jones, Shad, Webb, Yarborough, ( 7 )

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8. 2008-508 A RESOLUTION REAPPOINTING THOMAS L. GRIMES AS A MEMBER OF THE INDUSTRIAL TECHNICAL ADVISORY COMMITTEE, PURSUANT TO CHAPTER 30, PART 7, ORDINANCE CODE, AS A COMMERCIAL PROPERTY OWNER, FOR A FIRST FULL TERM ENDING JUNE 30, 2010; PROVIDING AN EFFECTIVE DATE; 6/16/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: July 14, 2008

 

Recommend to APPROVE.

 

AYES - Davis, Hyde, Johnson, Jones, Shad, Webb, Yarborough, ( 7 )

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9. 2008-470 AN ORDINANCE REGARDING THE CITY'S ETHICS CODE, CHAPTER 602, ORDINANCE CODE, AMENDING PART 7 (GIFTS AND HONORIA), SECTION 602.703 (GIFT REPORTS), ORDINANCE CODE, TO CLARIFY THE PERSONS OBLIGATED TO REPORT GIFTS AND THE MANNER OF SUCH REPORTING; AMENDING PART 8 (LOBBYING), SECTIONS 602.801 (REGISTRATION OF LOBBYISTS; REGISTRATION STATEMENTS) AND 602.804 (PENALTIES), ORDINANCE CODE, TO CLARIFY LOBBYING REGISTRATION REQUIREMENTS AND TO INCREASE THE PENALTIES FOR VIOLATIONS OF PART 8 FROM CLASS A OFFENSES TO CLASS D OFFENSES; PROVIDING AN EFFECTIVE DATE; 6/2/2008 - Read 2nd & Rerefer; 6/16/2008 - Amend/Approve 4-0

 

REPORT OF THE COMMITTEE ON RULES: July 14, 2008

 

Recommend to AMEND and APPROVE.

AYES - Johnson, Jones, Shad, Webb, Yarborough, ( 5 )

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10. 2008-486 AN ORDINANCE DECLARING R.E. NO. 172385-0010, A TAX REVERTED PARCEL IN COUNCIL DISTRICT 13, TO BE SURPLUS TO THE NEEDS OF THE CITY; AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND THE CORPORATION SECRETARY TO EXECUTE ALL NECESSARY DOCUMENTS TO CONVEY SAID PARCEL TO THE CITY OF ATLANTIC BEACH AT NO COST FOR A ROAD IMPROVEMENT PROJECT; WAIVING THE PROVISIONS OF SECTION 122.423 (APPRAISAL AT OR BELOW $25,000), ORDINANCE CODE, SO AS TO ALLOW CONVEYANCE OF SAID PARCEL TO THE CITY OF ATLANTIC BEACH AT NO COST; PROVIDING AN EFFECTIVE DATE.; 6/16/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RECREATION & COMMUNITY DEVELOPMENT: June 17, 2008

 

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

 

REPORT OF THE COMMITTEE ON RULES: July 14, 2008

 

Recommend to APPROVE.

 

AYES - Johnson, Jones, Shad, Webb, Yarborough, ( 5 )

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11. 2008-527 A RESOLUTION COMMENDING SHANDS HEALTHCARE ON RECEIPT OF THE 2008 GOVERNOR'S STERLING AWARD; PROVIDING AN EFFECTIVE DATE.

 

REPORT OF COMMITTEE ON RULES: July 14, 2008

 

Recommend to APPROVE.

 

AYES - Johnson, Jones, Shad, Webb, Yarborough, ( 5 )

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2ND READINGS

 

12. 2008-525 A RESOLUTION APPOINTING COUNCIL MEMBER DANIEL DAVIS AS A MEMBER OF THE DUVAL COUNTY TOURIST DEVELOPMENT COUNCIL, REPLACING COUNCIL MEMBER MIA JONES, PURSUANT TO CHAPTER 70, ORDINANCE CODE, FOR A FIRST TERM EXPIRING JUNE 30, 2012; PROVIDING AN EFFECTIVE DATE.

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13. 2008-526 A RESOLUTION APPOINTING BRAD KING AS A MEMBER OF THE JACKSONVILLE HOUSING COMMISSION, FILLING THE COUNCIL APPOINTED SLOT FORMERLY HELD BY RONALD JACKSON, PURSUANT TO CHAPTER 55, ORDINANCE CODE, FOR AN UNEXPIRED TERM ENDING NOVEMBER 30, 2009; PROVIDING AN EFFECTIVE DATE.

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14. 2008-528 A RESOLUTION APPOINTING GORDON H. TOUCHTON AS A MEMBER OF THE JACKSONVILLE - DUVAL COUNTY COUNCIL ON ELDER AFFAIRS, REPLACING JEANNE HOLLER AS THE COUNCIL DISTRICT 4 REPRESENTATIVE, PURSUANT TO CHAPTER 82, ORDINANCE CODE, FOR A FIRST TERM BEGINNING JULY 1, 2008 AND EXPIRING JUNE 30, 2010; PROVIDING AN EFFECTIVE DATE.

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15. 2008-530 A RESOLUTION APPOINTING RUDOLPH M. ALBERT AS A MEMBER OF THE JACKSONVILLE - DUVAL COUNTY COUNCIL ON ELDER AFFAIRS, REPLACING GORDON ROBBIE AS THE COUNCIL DISTRICT 5 REPRESENTATIVE, PURSUANT TO CHAPTER 82, ORDINANCE CODE, FOR A FIRST TERM EXPIRING JUNE 30, 2010; PROVIDING AN EFFECTIVE DATE.

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16. 2008-531 A RESOLUTION URGING THE NORTHEAST FLORIDA CONGRESSIONAL DELEGATION AND THE UNITED STATES CONGRESS TO REMOVE EXISTING RESTRICTIONS AND ENCOURAGE NEW DOMESTIC EXPLORATION FOR AND PRODUCTION OF OIL IN AN ENVIRONMENTALLY RESPONSIBLE MANNER TO MEET AMERICA'S ENERGY NEEDS; URGING OTHER FLORIDA CITIES AND COUNTIES TO ADOPT SIMILAR RESOLUTIONS PETITIONING THE CONGRESS TO ACT; PROVIDING AN EFFECTIVE DATE.

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17. 2008-537 AN ORDINANCE IN CONFORMANCE WITH SECTION 108.505, ORDINANCE CODE, AND RESOLUTION 2008-181-A; APPROVING THE EMPLOYMENT OF SPECIAL COUNSEL TO THE CITY'S CLAIMS AGAINST SEMINOLE COUNTY AND THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT REGARDING THE REMOVAL OF WATER FROM THE ST. JOHNS RIVER; PROVIDING FOR RATES, MAXIMUM EXPENDITURES, AND FOR CARRYOVER TO SUBSEQUENT FISCAL YEARS; APPROPRIATING $400,000 FROM THE ENVIRONMENTAL TRUST FUND ESTABLISHED IN SECTION 111.755, ORDINANCE CODE; WAIVING SECTION 111.755 TO ALLOW FOR THE USE OF THE FUNDS OF THE ENVIRONMENTAL TRUST FUND FOR THE PROSECUTION OF THE CITY'S CLAIMS; PROVIDING AN EFFECTIVE DATE.

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18. 2008-538 AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY, THE AMENDED AND RESTATED LANDFILL OPERATION AND CONSTRUCTION AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF JACKSONVILLE AND TRAIL RIDGE LANDFILL, INC. ("CONTRACTOR"), A SUBSIDIARY OF WASTE MANAGEMENT, INC. OF FLORIDA; EXEMPTING THE AGREEMENT FROM, OR WAIVING, THE PROVISIONS OF PART 2 (SUPPLIES, CONTRACTUAL SERVICES AND CAPITAL IMPROVEMENTS) AND PART 3 (PROFESSIONAL SERVICES CONTRACTS) OF CHAPTER 126, (PROCUREMENT CODE), ORDINANCE CODE, SO AS TO ALLOW EXECUTION OF THE AGREEMENT WITHOUT THE NECESSITY OF FOLLOWING CERTAIN OF THE COMPETITIVE BIDDING AND/OR PROPOSAL PROCEDURES OF THE PROCUREMENT CODE DUE TO (I) THE COUNCIL'S APPROVAL OF THE AGREEMENT IN THIS ORDINANCE, (II) CONTRACTOR'S KNOWLEDGE AND EXPERIENCE IN THE OPERATION AND CONSTRUCTION OF THE EXISTING LANDFILL FACILITY AND (III) THE REQUIRMENT FOR THE CONTRACTOR OR CITY TO COMPETITIVELY BID THE CONSTRUCTION OF THE NEW LANDFILL FACILITY AT SUCH TIME AS THE APPROPRIATE LANDFILL PERMITS ARE OBTAINED AND THE PERMIT REQUIREMENTS AND SPECIFICATIONS ARE KNOWN; PROVIDING AN EFFECTIVE DATE

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