RULES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

April 14,2008

 

WARREN JONES, 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, April 14,2008. The meeting was called to order at 10:00 A.M. by Committee Chair Warren Jones. The meeting was adjourned at 12:52 P.M.

 

 

 

Members in Attendance: Staff Attendance:

CM Warren Jones, Chair Shirley Nulf, Legislative Aide

CM Ronnie Fussell, Vice Chair Left 12:02 Phillip Peterson, Asst. Council Auditor

CM Michael Corrigan Arrived 10:07 Steve Rohan, Attorney

CM E. Denise Lee Arrived 10:15 Rick Campbell, Research Asst.

CM Jack Webb Sherry Hall, Administration

CM Clay Yarborough

 

 

 

 

 

Others in Attendance:

 

Kirk Sherman, Council Auditor

Janice Billy, Asst. Council Auditor

Judge Moran, Chief Judge

Sam Mousa, Consultant 2007-401

Tracey Arpen, General Counsel 2008-206

Jerry Holland, Supervisor of Elections 2008-206

Robert Harms 2008-206

Mike Blaylock, JTA

Mike Miller, JTA

 

 

 

1. 2008-197 A RESOLUTION APPOINTING LANE T. BURNETT AS A MEMBER OF THE JACKSONVILLE WATERWAYS COMMISSION, REPLACING JAMES BAILEY, JR. AS A GENERAL PUBLIC REPRESENTATIVE, PURSUANT TO CHAPTER 95, ORDINANCE CODE, FOR A FIRST TERM EXPIRING MARCH 10, 2011; PROVIDING AN EFFECTIVE DATE; 3/19/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: April 14, 2008

 

Recommend to APPROVE.

 

AYES - Fussell, Jones, Webb, Yarborough, ( 4 )

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2. 2008-218 A RESOLUTION APPOINTING J. PATRICK PLUMLEE AS A MEMBER OF THE JACKSONVILLE ETHICS COMMISSION, REPLACING RENEE NAUGHTON, PURSUANT TO CHAPTER 602, PART 9, ORDINANCE CODE, FOR A FIRST TERM EXPIRING DECEMBER 31, 2009; PROVIDING AN EFFECTIVE DATE; 3/31/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: April 14, 2008

 

Recommend to APPROVE.

 

AYES - Fussell, Jones, Webb, Yarborough, ( 4 )

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3. 2007-401 AN ORDINANCE REGARDING THE DUVAL COUNTY UNIFIED COURTHOUSE PROGRAM TO INCREASE THE BUDGET FROM $263,500,000 TO $350,000,000; TO BE FUNDED AS FOLLOWS: $263,500,000 AS DETAILED IN PREVIOUS LEGISLATION AS OUTLINED HEREIN, AND A BOND ISSUANCE IN THE AMOUNT OF $86,500,000 TO BE SECURED BY A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON AD VALOREM REVENUES UNDER THE CITY'S COVENANT PROGRAM OR BY THE CITY'S EXCISE TAX; APPROVING NEW PROJECT DESCRIPTION FOR DUVAL COUNTY UNIFIED COURTHOUSE PROGRAM; AUTHORIZING FUTURE BOND ISSUANCE IN THE AMOUNT OF $86,500,000 TO BE APPROVED BY COUNCIL WHEN NEEDED IN MULTI-YEAR FUNDING FROM SPECIAL REVENUE BONDS WHICH WILL BE SECURED BY A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON-AD VALOREM REVENUES UNDER THE CITY'S COVENANT PROGRAM FOR THE CONSTRUCTION OF A UNIFIED COURTHOUSE; CONTINUING THE COURTHOUSE ARCHITECTURAL REVIEW COMMITTEE; PERMISSIBLE USE OF FUNDS OUTLINED; AMENDING THE 2007-2012 FIVE YEAR CAPITAL IMPROVEMENT PROGRAM ESTABLISHED IN ORDINANCE 2007-814-E FOR ALL COMPONENTS OF THE "DUVAL COUNTY UNIFIED COURTHOUSE PROGRAM"; SUPERSEDING ORDINANCE 2004-1339-E; TRANSFERS BETWEEN THE COMPONENTS OF THE DUVAL COUNTY UNIFIED COURTHOUSE PROGRAM AUTHORIZED; APPROVING MULTI-YEAR FUNDING; PROVIDING CONTRACT REQUIREMENTS FOR CONTRACTS LET ON THE IDENTIFIED PROJECTS; AND PROVIDING PROVIDING AN EFFECTIVE DATE.

 

Recommend to AMEND and APPROVE.

 

AYES - Corrigan, Fussell, Jones, Lee, Webb, Yarborough, ( 6 )

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4. 2008-39 A RESOLUTION STATING THE COUNCIL'S SUPPORT FOR LOCAL BILL J-1, TO BE CONSIDERED BY THE DUVAL COUNTY LEGISLATIVE DELEGATION, WHICH WOULD AMEND THE CHARTER OF THE JACKSONVILLE AVIATION AUTHORITY (JAA) AS ESTABLISHED IN CHAPTER 2004-464, LAWS OF FLORIDA, AS AMENDED BY CHAPTER 2005-328, LAWS OF FLORIDA, BY AMENDING SECTION 3 (POWERS) THEREOF TO REQUIRE THE JAA TO OBTAIN CITY COUNCIL APPROVAL BY TWO-THIRDS VOTE OF THE COUNCIL PRIOR TO EXTENDING ANY AIRCRAFT RUNWAY AT CRAIG AIRFIELD; PROVIDING AN EFFECTIVE DATE; 2/4/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: February 05, 2008

 

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

 

REPORT OF THE COMMITTEE ON RULES: April 14, 2008

 

Recommend to WITHDRAW.

 

AYES - Fussell, Jones, Lee, Webb, Yarborough, ( 5 )

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5. 2008-206 A RESOLUTION CONCERNING A VACANCY IN THE OFFICE OF CITY COUNCIL, GROUP 2 AT LARGE; DECLARING THE VACANCY; PROVIDING FOR A SPECIAL ELECTION TO BE HELD PURSUANT TO SECTIONS 9.03 AND 15.02 OF THE CHARTER, AND SECTION 350.103 ORDINANCE CODE; PROVIDING THAT PURSUANT TO COURT ORDER, THE CANDIDATES FOR OFFICE ARE ROBERT J. HARMS AND THERESA GRAHAM; PROVIDING FOR THE ELECTION TO BE HELD ON TUESDAY AUGUST 26, 2008, IN CONJUNCTION WITH COUNTYWIDE ELECTIONS PREVIOUSLY SCHEDULED ON THAT DAY; PROVIDING A CONTINGENCY PLAN FOR A SPECIAL ELECTION, IF NECESSARY, IN THE EVENT THAT OTHER CONSOLIDATED GOVERNMENT OFFICALS RESIGN TO RUN FOR ANOTHER ELECTED OFFICE AND THEIR OFFICES BECOME VACANT, WITH QUALIFYING FOR THOSE NEW VACANCIES SET FOR NOON ON MONDAY, JUNE 16, 2008, THROUGH NOON ON FRIDAY JUNE 20, 2008, AND WITH A FIRST ELECTION FOR THE CONTINGENCY ELECTIONS TO BE HELD ON TUESDAY AUGUST 26, 2008, AND A GENERAL ELECTION, IF NECESSARY ON TUESDAY, NOVEMBER 4, 2008; PROVIDING ALL ELECTED OFFICERS TO ASSUME OFFICE UPON CERTIFICATION OF THEIR ELECTION; PROVIDING AN EFFECTIVE DATE; 3/19/2008 - Read 2nd & Rerefer; 3/31/2008 - Approve 5-0

 

REPORT OF THE COMMITTEE ON RULES: April 14, 2008

 

Recommend to AMEND and APPROVE.

 

AYES - Corrigan, Jones, Lee, Webb, Yarborough, ( 5 )

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6. 2008-219 A RESOLUTION CONFIRMING THE APPOINTMENT OF COUNCIL MEMBER JOHNNY GAFFNEY AS AN ALTERNATE MEMBER OF THE BOARD OF DIRECTORS OF THE JACKSONVILLE ZOOLOGICAL SOCIETY, REPRESENTING THE CITY COUNCIL, FOR A TERM ENDING SEPTEMBER 30, 2008; PROVIDING AN EFFECTIVE DATE; 3/31/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: April 14, 2008

 

Recommend to APPROVE.

 

AYES - Corrigan, Jones, Webb, Yarborough, ( 4 )

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7. 2008-220 A RESOLUTION REAPPOINTING COUNCIL MEMBER ART GRAHAM AS A MEMBER OF THE NORTHEAST FLORIDA REGIONAL COUNCIL; APPOINTING COUNCIL MEMBER ART GRAHAM, WHO FORMERLY SERVED AS AN INDEPENDENT MUNICIPALITIES REPRESENTATIVE TO THE NORTHEAST FLORIDA REGIONAL COUNCIL, AS A COUNTY REPRESENTATIVE MEMBER OF THE NORTHEAST FLORIDA REGIONAL COUNCIL, REPLACING COUNCIL MEMBER RICHARD CLARK, PURSUANT TO THE APPLICABLE PROVISIONS OF CHAPTER 186, PART 5, FLORIDA STATUTES, FOR A TERM EXPIRING AUGUST 30, 2010; PROVIDING AN EFFECTIVE DATE; 3/31/2008 - Amend/Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: April 14, 2008

 

Recommend to APPROVE.

 

AYES - Corrigan, Jones, Webb, Yarborough, ( 4 )

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8. 2008-256 A RESOLUTION DECLARING THE CITY OF JACKSONVILLE'S SUPPORT FOR THE GRAND PARK/ NEW TOWN NEIGHBORHOOD JACKSONVILLE CHILDREN'S ZONE AND ESTABLISHING ITS BOUNDARIES; PROVIDING AN EFFECTIVE DATE; 3/31/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RECREATION & COMMUNITY DEVELOPMENT: April 01, 2008

 

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

 

REPORT OF THE COMMITTEE ON RULES: April 14, 2008

 

Recommend to APPROVE.

 

AYES - Corrigan, Jones, Lee, Webb, Yarborough, ( 5 )

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9. 2008-303 A RESOLUTION HONORING AND CONGRATULATING REVEREND DR. JOHN ALLEN NEWMAN ON HIS 25 YEARS AS PASTOR OF THE SANCTUARY AT MT. CALVARY; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

AYES - Corrigan, Jones, Lee, Webb, Yarborough, ( 5 )

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10. 2008-306 A RESOLUTION DECLARING MAY TO BE MENTAL HEALTH MONTH IN JACKSONVILLE; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

AYES - Corrigan, Jones, Webb, Yarborough, ( 4 )

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2ND READINGS

 

11. 2008-259 AN ORDINANCE AMENDING CHAPTER 150 (ADULT ENTERTAINMENT AND SERVICES CODE), ORDINANCE CODE, TO REMOVE REGULATION OF STATE LICENSED MASSAGE THERAPISTS; AND ESTABLISH NEW CHAPTER 198 (MASSAGE THERAPY) REGULATING MASSAGE THERAPISTS; PROVIDING AN EFFECTIVE DATE

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12. 2008-289 A RESOLUTION APPOINTING ARNOLD TRITT AS A MEMBER OF THE PUBLIC SERVICE GRANT COUNCIL, PURSUANT TO SECTION 118.202, ORDINANCE CODE, FOR A FIRST TERM ENDING MARCH 31, 2011; PROVIDING AN EFFECTIVE DATE

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13. 2008-293 AN ORDINANCE APPROVING A CHANGE IN POLLING PLACE LOCATIONS IN PRECINCTS 01G, 02A, 03D, 05C, AND 11C; AND TO CHANGE THE BOUNDARY OF PRECINCT 02G WHICH REMOVES PRECINCT 02R; TO BE EFFECTIVE STARTING THE AUGUST 26, 2008 PRIMARY ELECTION, IN THE CITY OF JACKSONVILLE, DUVAL COUNTY, FLORIDA, AS REQUESTED BY THE SUPERVISOR OF ELECTIONS PURSUANT TO SECTION 352.102, ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE

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14. 2008-295 AN ORDINANCE AMENDING SECTION 380.603 (DEFINITIONS), ORDINANCE CODE, TO UPDATE THE DEPARTMENT NAME FROM SOLID WASTE AND RESOURCE MANAGEMENT TO PUBLIC WORKS, SECTION 380.604 (GENERAL AUTHORITY AND POWER TO GRANT FRANCHISES), ORDINANCE CODE, TO CLARIFY THAT THE CITY DEPARTMENT, NOT DIVISION, SHALL BE RESPONSIBLE FOR SUSPENSION OF FRANCHISE; AND AMENDING SECTION 380.605 (PROCEDURE FOR GRANTING FRANCHISES), ORDINANCE CODE, TO ALLOW NON-RESIDENTIAL SOLID WASTE COLLECTION AND TRANSPORT FRANCHISE FEES AND APPLICATION TO BE ACCEPTED YEAR ROUND; PROVIDING AN EFFECTIVE DATE

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15. 2008-299 AN ORDINANCE AMENDING SECTION 462.601 (IMPOUNDING OF ANIMALS) AND AMENDING SECTION 462.604 (VOLUNTARY SURRENDER BY OWNER), ORDINANCE CODE, TO IDENTIFY HOLDING TIMES FOR IMPOUNDED ANIMALS; PROVIDING FOR CITY OVERSIGHT BY THE ENVIRONMENTAL AND COMPLIANCE DEPARTMENT; DIRECTING TRANSMITTAL TO THE MUNICIPAL CODE CORPORATION; PROVIDING AN EFFECTIVE DATE

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16. 2008-302 A RESOLUTION EXPRESSING THE CITY OF JACKSONVILLE'S STRONG ENCOURAGEMENT THAT THE JACKSONVILLE TRANSPORTATION AUTHORITY (JTA) UTILIZE THE TRADITIONAL J-BILL PROCESS OF AMENDING ITS LEGISLATIVE CHARTER; EXPRESSING OPPOSITION TO THE MANNER IN WHICH THE JTA IS PROCEEDING TO AMEND ITS ENABLING LEGISLATION, AND THE SUBSTANCE OF THAT LEGISLATION (HB 311 AND SB 1000); REQUESTING EMERGENCY PASSAGE; DIRECTING THE CHIEF OF LEGISLATIVE SERVICES TO FORWARD THIS RESOLUTION TO THE DUVAL LEGISLATIVE DELEGATION AND THE JACKSONVILLE TRANSPORTATION AUTHORITY; PROVIDING FOR AN EFFECTIVE DATE

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17. 2008-309 A RESOLUTION OF THE JACKSONVILLE CITY COUNCIL MAKING CERTAIN FINDINGS RELATING TO ONE OF THE CITY'S MOST IMPORTANT CORPORATE CITIZENS, CSX RAILROAD, CONCERNING A PROPOSED INTEGRATED LOGISTICS CENTER ("ILC") TO BE LOCATED IN WINTER HAVEN, FLORIDA; RECOMMENDATIONS INDICATING THE CITY'S SUPPORT FOR THE ILC, POINTING OUT THE BENEFITS OF SAID ILC AND ASKING THE DUVAL DELEGATION, STATE LEGISLATURE, AND ALL INVOLVED LOCAL GOVERNMENTS TO COMPLETE ANY NECESSARY INFRASTRUCTURE IMPROVEMENTS TO MAKE THE PROPOSED CSX ILC PROJECT A REALITY; PROVIDING AN EFFECTIVE DATE

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