RULES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

March 19,2008

 

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, March 19,2008. The meeting was called to order at 10:04 A.M. by Committee Chair Warren Jones and adjourned at 12:01 P.M.

 

 

 

Members in Attendance: Staff Attendance:

CM W. Jones, Chair Shirley Nulf, Legislative Aide

CM Fussell, Vice Chair Phillip Peterson, Asst. Council Auditor

CM Corrigan Steve Rohan, Attorney

CM Lee - Arrived 10:11 Rick Campbell, Research Asst.

CM Webb Left 11:54 Sherry Hall, Administration

CM Yarborough

CM Daniels Davis Left 11:22

 

 

 

 

 

Others in Attendance:

 

 

Lisa Rinaman, Administration

John Pappas, Public Works

Cindy Laquidara, General Counsel

Fred Forbes, Animal Control

Mike Blaylock, JTA

Andy Eckert, School Board

 

 

 

 

 

1. 2008-77 A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF GINNY STEIGER TO THE ART IN PUBLIC PLACES COMMITTEE, PURSUANT TO CHAPTER 126, PART 9, AS A REPRESENTATIVE OF THE CULTURAL COUNCIL, REPLACING COURTENAY S. WILSON FOR AN UNEXPIRED TERM TO EXPIRE DECEMBER 31, 2008; PROVIDING AN EFFECTIVE DATE; 2/4/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: March 19, 2008

 

Recommend to APPROVE.

 

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

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2. 2008-177 A RESOLUTION CONFIRMING THE SHERIFF'S APPOINTMENT OF DWAIN E. SENTERFITT, AS DIRECTOR, INVESTIGATIONS AND HOMELAND SECURITY, IN THE OFFICE OF THE SHERIFF; PROVIDING A RETROACTIVE APPOINTMENT AND CONFIRMATION; PROVIDING AN EFFECTIVE DATE; 3/3/2008 - Read 2nd & Rerefer; 3/3/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: March 19, 2008

 

Recommend to APPROVE.

 

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

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3. 2008-178 A RESOLUTION CONFIRMING THE SHERIFF'S APPOINTMENT OF RICHARD M. GRAHAM, AS CHIEF OF DETECTIVE DIVISION, IN THE OFFICE OF THE SHERIFF; PROVIDING A RETROACTIVE APPOINTMENT AND CONFIRMATION; PROVIDING AN EFFECTIVE DATE; 3/3/2008 - Read 2nd & Rerefer; 3/3/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: March 19, 2008

 

Recommend to APPROVE.

 

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

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4. 2008-179 A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF PATTERSON C. POPPELL AS DIRECTOR OF THE HUMAN RESOURCES DIVISION OF THE CENTRAL OPERATIONS DEPARTMENT; PROVIDING AN EFFECTIVE DATE; 3/3/2008 - Read 2nd & Rerefer; 3/3/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: March 19, 2008

 

Recommend to AMEND and APPROVE.

 

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

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5. 2008-27 AN ORDINANCE REGARDING ALLOWING DOGS WITHIN CERTAIN DESIGNATED OUTDOOR PORTIONS OF PUBLIC FOOD SERVICE ESTABLISHMENTS; IMPLEMENTING SECTION 509.203, FLORIDA STATUTES; AMENDING SECTION 656.401 (PERFORMANCE STANDARDS AND DEVELOPMENT CRITERIA) ORDINANCE CODE, AND CREATING A NEW CHAPTER 165 (PUBLIC FOOD SERVICE ESTABLISHMENTS), TO AUTHORIZE THE PERMITTING OF DOGS WITHIN CERTAIN DESIGNATED OUTDOOR PORTIONS OF PUBLIC FOOD SERVICE ESTABLISHMENTS; PROVIDING FOR A FEE AS PROVIDED IN CHAPTER 123, PERMIT REQUIREMENTS, NON-TRANSFERABILITY, EXPIRATION ON JULY 1, 2009, PENALTIES; THE ESTABLISHMENT OF PROCEDURES BY THE MUNICIPAL CODE COMPLIANCE DIVISION OF THE ENVIRONMENTAL AND COMPLIANCE DEPARTMENT, AND ENFORCEMENT; AMENDING CHAPTER 123 (PUBLIC FEES) SECTION 123.102 (FEES ESTABLISHED) TO PROVIDE A $250 PERMIT FEE; PROVIDING AN EFECTIVE DATE; 1/14/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: January 15, 2008

 

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

 

REPORT OF THE COMMITTEE ON RULES: March 19, 2008

 

Recommend to DENY.

 

The Chair declared the File DENIED.

 

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

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6. 2008-199 A RESOLUTION HONORING, COMMENDING AND EXPRESSING APPRECIATION FOR EMERGENCY COMMUNICATIONS OFFICERS AND THEIR SUPERVISORY, TECHNICAL AND SUPPORT STAFF DURING NATIONAL EMERGENCY COMMUNICATIONS WEEK, WHICH IS FROM APRIL 13, 2008 TO APRIL 19, 2008; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

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

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7. 2008-200 A RESOLUTION RECOGNIZING AND HONORING DONNA DEEGAN, EDITH PEREZ, M. D., JEFF GALLOWAY, MAYO CLINIC, AND THE CITY OF JACKSONVILLE OFFICE OF SPECIAL EVENTS FOR THE SUCCESS OF THE INAUGURAL RUNNING OF THE 26.2 WITH DONNA: THE NATIONAL MARATHON TO FIGHT BREAST CANCER; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

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

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8. 2008-201 A RESOLUTION COMMEMORATING AND HONORING THE LIFE AND CIVIC CAREER OF CHARLES S. "JOHNNY" MUSSALLEM JR.; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

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

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9. 2008-205 A RESOLUTION HONORING AND COMMENDING ALLAN P. CLARK, PARTNER OF FOLEY & LARDNER, LLP FOR HIS OUTSTANDING CIVIC AND BUSINESS CONTRIBUTIONS UPON THE OCCASION OF HIS RETIREMENT; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

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

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10. 2008-208 A RESOLUTION HONORING AND COMMENDING BONNIE GRISSETT ON THE OCCASION OF HER RETIREMENT AS THE RIVERSIDE AVONDALE PRESERVATION EXECUTIVE DIRECTOR; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

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

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11. 2008-160 AN ORDINANCE APPROPRIATING $214,872.20 OF HOME PROGRAM INCOME FROM INTEREST AND INVESTMENT ($122,552.23 TO THE HOME HEADSTART TO HOME OWNERSHIP PROGRAM TO PROVIDE DOWNPAYMENT ASSISTANCE TO INDIVIDUALS AND FAMILIES OF LOW TO MODERATE INCOME PURCHASING HOMES IN DUVAL COUNTY AND $92,319.97 IN DEVELOPMENT SUBSIDIES TO HABITAT RESOURCES OF DUVAL COUNTY, A COMMUNITY HOUSING DEVELOPMENT ORGANIZATION), AS INITIATED BY B.T. 08-089; PROVIDING A CARRYOVER OF FUNDS TO FISCAL YEAR 2008-2009; PROVIDING AN EFFECTIVE DATE

 

Committee Recommends to APPROVE the waiver of Chapt 118. The did not vote on the entire bill.

 

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

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12. 2008-129 AN ORDINANCE RELATING TO STORMWATER MANAGEMENT AND FEES, CHAPTER 754 (STORMWATER MANAGEMENT UTILITY CODE), ORDINANCE CODE, AND ORDINANCE 2007-836-E; AMENDING SECTION 754.101, DECLARATIONS, SCOPE AND INTENT, SECTION 754.102, DEFINITIONS, SECTION 754.105, STORMWATER MANAGEMENT UTILITY DIRECTOR, DUTIES AND POWERS, SECTION 754.106, AUTHORITY FOR STORMWATER MANAGEMENT SERVICE CHARGES AND FOR THE LEVY, COLLECTION, PAYMENT AND ENFORCEMENT THEREOF, SECTION 745.108, APPEALS, SECTION 754.109 TO PROVIDE FOR COUNCIL APPROVAL OF CREDITS, ADJUSTMENTS, AND REDUCTIONS OF USER FEES, AND TO PROVIDE FOR APPLICATIONS AND REQUIRED REPORTS, CALCULATION OF MAXIMUM CREDITS AND TO AUTHORIZE THE USE OF THE ADJUSTMENT AND CREDIT MANUAL, SECTION 754.212, TO PROVIDE FOR TECHNICAL RULES IN ACCORDANCE WITH CHAPTER 100, PART 2 OF THE ORDINANCE CODE; PROVIDING FOR SEVERANCE; AND PROVIDING AN EFFECTIVE DATE; 2/19/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: February 20, 2008

 

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

 

REPORT OF THE COMMITTEE ON FINANCE: March 17, 2008

 

Recommend to AMEND and APPROVE.


REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: March 18, 2008

 

Recommend to AMEND and APPROVE.

 

AYES Clark, Bishop, Holt, Jones, ( 5 )

 

NAY Johnson, Redman, ( 2 )

 

REPORT OF THE COMMITTEE ON RULES: March 19, 2008

 

Recommend to AMEND and APPROVE.

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

 

NAYS - Lee, ( 1 )

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2ND READINGS

 

13. 2008-191 A RESOLUTION REAPPOINTING JAQUITA S. ANDERSTROM AS A MEMBER OF THE JACKSONVILLE - DUVAL COUNTY COUNCIL ON ELDER AFFAIRS, AS THE COUNCIL DISTRICT 11 REPRESENTATIVE, PURSUANT TO CHAPTER 82, ORDINANCE CODE, FOR A SECOND TERM EXPIRING JUNE 30, 2009; PROVIDING AN EFFECTIVE DATE

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14. 2008-192 AN ORDINANCE AMENDING SECTION 30.204 (FUNCTIONS), PART 2 (PLANNING COMMISSION), CHAPTER 30 (PLANNING AND DEVELOPMENT DEPARTMENT), ORDINANCE CODE, CONCERNING DUTIES OF THE PLANNING COMMISSION; AMENDING SECTION 656.109 (ADMINISTRATION AND ENFORCEMENT; INTERPRETATION OF ZONING CODE; ADMINISTRATIVE DEVIATIONS) SUBPART B (ADMINISTRATION), PART 1 (GENERAL PROVISIONS), CHAPTER 656 (ZONING CODE), ORDINANCE CODE REGARDING THE ADMINISTRATIVE DEVIATION PROCESS AND CRITERIA; AMENDING SECTION 656.125 (LIMITATIONS ON REZONING OF LAND), SUBPART C (PROCEDURES FOR REZONING AND AMENDMENTS TO THE ZONING CODE), PART 1 (GENERAL PROVISIONS), CHAPTER 656 (ZONING CODE), ORDINANCE CODE REGARDING REZONING CRITERIA WITHIN THE RIVERSIDE/AVONDALE ZONING OVERLAY; AMENDING SUBPART D (ZONING EXCEPTIONS, VARIANCES AND WAIVERS, AMENDMENTS TO FINAL ORDER, APPEALS OF WRITTEN INTERPRETATIONS OF THE DIRECTOR AND APPEALS OF FINAL ORDERS OF THE COMMISSION ADMINISTRATION), PART 1 (GENERAL PROVISIONS), CHAPTER 656 (ZONING CODE), ORDINANCE CODE MODIFYING THE ADMINISTRATIVE DEVIATION APPEAL PROCEDURE; ESTABLISHING SUBPART O (RIVERSIDE/AVONDALE ZONING OVERLAY), Part 3 (SCHEDULE OF DISTRICT REGULATIONS), CHAPTER 656 (ZONING CODE), ORDINANCE CODE CREATING THE RIVERSIDE/AVONDALE ZONING OVERLAY; AMENDING SECTION 656.1601 (DEFINITIONS), PART 16 (DEFINITIONS), CHAPTER 656 (ZONING CODE) TO MODIFY SEVERAL DEFINITIONS; PROVIDING AN EFFECTIVE DATE

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15. 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

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16. 2008-198 A RESOLUTION APPOINTING EDWARD J. FLEMING, JR. AS A MEMBER OF THE JACKSONVILLE WATERWAYS COMMISSION, REPLACING JOHN LOWE AS A GENERAL PUBLIC REPRESENTATIVE, PURSUANT TO CHAPTER 95, ORDINANCE CODE, FOR A FIRST TERM EXPIRING MARCH 10, 2011; PROVIDING AN EFFECTIVE DATE

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17. 2008-202 AN ORDINANCE AMENDING CHAPTER 602 (ETHICS CODE), PART 4 (CONFLICTS OF INTEREST), SECTION 602.403 (MOONLIGHTING PROVISIONS), ORDINANCE CODE, TO DEFINE SECONDARY BUSINESS INTERESTS, TO REQUIRE ANNUAL DISCLOSURE, TO LIMIT THE PERSONS INCLUDED IN THE POSTED REGISTRY, AND TO EXCLUDE JACKSONVILLE SHERIFF'S OFFICE EMPLOYEES WHO COMPLY WITH THE SHERIFF'S WRITTEN DIRECTIVES ON SECONDARY EMPLOYMENT; AUTHORIZING ELECTRONIC RECORD KEEPING; PROVIDING AN EFFECTIVE DATE

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18. 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

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