RULES COMMITTE MEETING

 

                   MINUTES OF THE REGULAR MEETING

 

July 20,2009

 

ART SHAD, 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 20,2009.  The meeting was called to order at 10:00 A.M. by Committee Chair Art Shad.  The meeting was adjourned at 11:25 A.M.

 

 

 

Members in Attendance:                                                    Staff Attendance:

                 

                      CM Art Shad, Chair                                                          Philip Zamarron, Legislative Aide

                      CM Jack Webb, Vice Chair                                               Heather Norsworthy, Asst. Auditor

                       CM Bill Bishop                                                                 Peggy Sidman, Attorney

                       CM Michael Corrigan                                                        Rick Campbell, Research Asst.

                       CM John Crescimbeni                                                           Lisa Rinaman, Administration

                      CM Denise Lee                                                   

                       CM Clay Yarborough

                       

 

 

 

 

 

Others in Attendance:

 

 

Richard Clark, Council President

Jerry Holland, Supv of Elections  (2009-432)

Robert Phillips  (2009-432)

Justin Gicalone, AIMO, Supv of Elections  (2009-432)

William Killingsworth  (2009-462)

Mickey Miller, Finance Dept 

Robert Williams  (2009-454 & 492)

Roger Cortie, Habijax (2009-492)

Paula Collett (2009-492)

 

 

 

 

1.    2009-432   AN ORDINANCE REDUCING THE NUMBER OF PRECINCTS, WHILE NOT REDUCING THE NUMBER OF POLLING LOCATIONS, AND APPROVING CHANGES TO THE BOUNDARIES OF ADJOINING PRECINCTS BY COMBINING PRECINCTS O1 AND O1V TO BE O1, 01M AND 01P TO BE 01P, 02M AND 02W TO BE 02M, 03H AND 03J TO BE 03H, 04R AND 04T TO BE 04T, 05F AND 05H TO BE 05H, 05J AND 05K TO BE O5J, 06G AND 06V TO BE 06G, 06H AND 06N TO BE O6N, 06J AND 06T TO BE O6J, 07C AND 07J TO BE 07J, AND 11H AND 11X TO BE 11H; PROVIDING AN EFFECTIVE DATE.; 6/15/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: July 20, 2009

 

Recommend to APPROVE.

 

AYES - Bishop, Crescimbeni, Shad, Yarborough, ( 4 )

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2.    2009-454   AN ORDINANCE DECLARING THAT CERTAIN PARCEL OF REAL PROPERTY (R.E.# 127852-0000) LOCATED ON DE KALB AVENUE AT ITS INTERSECTION WITH ENGLEWOOD AVENUE, IN COUNCIL DISTRICT 4, TO BE SURPLUS TO THE NEEDS OF THE CITY; WAIVING THE PROVISIONS OF SECTION 122.422(C)(SALE OF PROPERTY THROUGH REAL ESTATE DIVISION; INVESTIGATION OF NEED; COUNCIL ACTION) OF CHAPTER 122 (PUBLIC PROPERTY), ORDINANCE CODE, SO AS TO ALLOW FOR THE MARKETING AND DISPOSITION OF THE SUBJECT PARCEL BY AUCTION, DIRECT SALE OR LISTING WITH A LICENSED REAL ESTATE BROKER; PROVIDING AN EFFECTIVE DATE.; 6/15/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: June 16, 2009

 

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

 

REPORT OF THE COMMITTEE ON RULES: July 20, 2009

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Crescimbeni, Lee, Shad, Yarborough, ( 5 )

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3.    2009-460   A RESOLUTION REAPPOINTING HENRY B. FONDE, JR. AS A MEMBER OF THE DUVAL COUNTY TOURIST DEVELOPMENT COUNCIL, AS A TOURIST ACCOMMODATION INDUSTRY REPRESENTATIVE, PURSUANT TO CHAPTER 70, ORDINANCE CODE, AND SEC. 125.0104, FLORIDA STATUTES, FOR A THIRD TERM ENDING JUNE 30, 2013; PROVIDING AN EFFECTIVE DATE.; 6/15/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: July 20, 2009

 

Recommend to APPROVE.

 

AYES - Bishop, Crescimbeni, Lee, Shad, Yarborough, ( 5 )

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4.    2009-464   AN ORDINANCE REGARDING AN HONORARY STREET DESIGNATION; ESTABLISHING AN HONORARY STREET DESIGNATION AND INSTALLATION OF A ROADWAY  MARKER ON RAINES VIKING WAY IN COUNCIL DISTRICT 10; HONORING AND RECOGNIZING THE ACHIEVEMENTS OF COACH JAMES DAY; PROVIDING FOR CONFORMANCE WITH PART I (GENERAL PROVISIONS) OF CHAPTER 745, (ADDRESSING AND STREET NAMING REGULATIONS) ORDINANCE CODE; APPROPRIATING $200.00 FROM THE SPECIAL COUNCIL CONTINGENCY ACCOUNT TO FUND THE INSTALLATION OF THE MARKER; WAIVING THE REQUIREMENTS OF SECTION 745.105(e)(2), ORDINANCE CODE, REGARDING PERSONS WHO HONORARY STREET DESIGNATION MAY BE NAMED AFTER; DIRECTING LEGISLATIVE SERVICES TO FORWARD ORDINANCE TO THE PLANNING AND DEVELOPMENT DEPARTMENT; PROVIDING AN EFFECTIVE DATE.; 6/15/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: June 16, 2009

 

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

 

REPORT OF THE COMMITTEE ON RULES: July 20, 2009

 

Recommend to APPROVE.

 

AYES - Bishop, Crescimbeni, Lee, Shad, Yarborough, ( 5 )

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5.    2009-466   AN ORDINANCE APPROPRIATING $8,756 FROM THE COUNCIL DISTRICT 10 ETR FUNDS TO PURCHASE FOOTBALL EQUIPMENT FOR WILLIAM M. RAINES HIGH SCHOOL LOCATED AT 3663 RAINES AVE, JACKSONVILLE, FL 32209 IN COUNCIL DISTRICT 10; 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 MUNICIPAL PROPERTY; PROVIDING FOR DIRECT PROCUREMENT OF CONTRACTUAL SERVICES PURSUANT TO SECTION 126.107(G), ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE.; 6/15/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RECREATION & COMMUNITY DEVELOPMENT: June 16, 2009

 

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

 

REPORT OF THE COMMITTEE ON RULES: July 20, 2009

 

Recommend to APPROVE.

 

AYES - Bishop, Crescimbeni, Lee, Shad, Yarborough, ( 5 )

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6.    2009-467   AN ORDINANCE APPROPRIATING $168,078 FROM ETR BONDS, SERIES 2004 (AUTUMN BONDS) DISTRICT 3 EXCISE TAX REVENUE BOND TO PROVIDE FUNDING FOR INSTALLATION OF 6200 SQUARE FOOT BATTING CAGE AND PICNIC PAVILION AT WINGATE PARK, LOCATED ON SOUTH PENMAN ROAD, JACKSONVILLE BEACH, IN COUNCIL DISTRICT 13; INVOKING THE EXCEPTION TO SECTION 126.107(G), ORDINANCE CODE TO USE JAGUAR BUILDERS OF JAX, INC.; REQUESTING THE PROCUREMENT DIVISION  WAIVE THE CONSTRUCTION BOND FOR CAPITAL PROJECT UNDER $200,000; APPROVING AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE A CONTRACT WITH JAGUAR BUILDERS OF JAX, INC.; PROVIDING A CARRYOVER OF FUNDS INTO FISCAL YEAR 2009-2010; REQUESTING EMERGENCY PASSAGE; PROVIDING AN EFFECTIVE DATE.; 6/15/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RECREATION & COMMUNITY DEVELOPMENT: June 16, 2009

 

Recommend to AMEND and APPROVE as an EMERGENY measure.

 

REPORT OF THE COMMITTEE ON RULES: July 20, 2009

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Crescimbeni, Lee, Shad, Yarborough, ( 5 )

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7.    2009-492   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, A 20 FOOT UNOBSTRUCTED DRAINAGE  EASEMENT IN, OVER AND UNDER THE SOUTHERN PORTION OF LOT 38 AND THE NORTHERN PORTION OF LOT 37, EXCEPTING OUT, HOWEVER, PORTIONS OF THE 15 FOOT AND 20 FOOT UNOBSTRUCTED DRAINAGE EASEMENTS CREATED BY THE PLAT OF BRENTWOOD PARK COMMUNITY, AS RECORDED IN PLAT BOOK 60, PAGES 116 THROUGH 120, OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, NEAR THE INTERSECTION OF OAK ARBOR ROAD AND WOOD CREEK LANE, IN COUNCIL DISTRICT 7, AT THE REQUEST OF HABITAT FOR HUMANITY, IN ORDER TO ELIMINATE AN ENCROACHMENT SITUATION CREATED BY THE CONSTRUCTION OF A HOUSE OVER THE PROPOSED ABANDONED EASEMENT AREA; REQUESTING EMERGENCY PASSAGE; PROVIDING AN EFFECTIVE DATE.

 

Recommend to APPROVE as an EMERGENCY measure.

 

AYES - Bishop, Crescimbeni, Shad, Webb, Yarborough, ( 5 )

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8.    2009-503   AN ORDINANCE IN ACCORDANCE WITH SECTION 112.307 (CLAIMS AND SUITS BROUGHT AGAINST THE CITY SEEKING MONETARY RELIEF) ORDINANCE CODE, APPROVING THE PAYMENT OF $49,900 AND ATTORNEY FEES IN THE AMOUNT OF $14,922, AND COSTS IN THE AMOUNT OF $1,620.57 AS A SETTLEMENT OF THE CASE OF MAT ROLAND SEAFOOD COMPANY, INC., MATHIAS C. ROLAND, AND ROSE B. ROLAND VS. THE CITY OF JACKSONVILLE REGARDING A CAUSE OF ACTION FOR CONDEMNATION OF BUSINESS AND TERMINATION OF ELECTRICITY DISPUTE; AUTHORIZING THE EXECUTION OF DOCUMENTS; REQUESTING EMERGENCY PASSAGE; PROVIDING AN EFFECTIVE DATE.

 

Recommend to AMEND and Read 2nd and REREFER.

 

AYES - Bishop, Crescimbeni, Shad, Webb, Yarborough, ( 5 )

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2nd READINGS

 

9.    2009-491   AN ORDINANCE REPEALING ORDINANCE 2003-1028-E PERTAINING TO THE SURPLUS OF CERTAIN REAL PROPERTY; DECLARING THAT CERTAIN PARCEL OF REAL PROPERTY (R.E. # 064937-0000), LOCATED ON EDISON AVENUE BETWEEN BROWARD STREET AND NIXON STREET, IN COUNCIL DISTRICT 9, TO BE SURPLUS TO THE NEEDS OF THE CITY; WAIVING THE PROVISIONS OF SECTION 122.422(C)(SALE OF PROPERTY THROUGH REAL ESTATE DIVISION; INVESTIGATION OF NEED; COUNCIL ACTION) OF CHAPTER 122 (PUBLIC PROPERTY), ORDINANCE CODE, SO AS TO ALLOW FOR THE MARKETING AND DISPOSITION OF THE SUBJECT PARCEL BY AUCTION, DIRECT SALE OR LISTING WITH A LICENSED REAL ESTATE BROKER; WAIVING THE PROVISIONS OF SECTION 122.429 (USES OF PROCEEDS FROM SURPLUS LAND SALES) OF CHAPTER 122 (PUBLIC PROPERTY), ORDINANCE CODE, SO AS TO ALLOW THE NET PROCEEDS FROM THE SALE OF THE  SUBJECT PARCEL TO BE DEPOSITED INTO THE COMMUNITY DEVELOPMENT BLOCK GRANT ACCOUNT, THE SOURCE OF THE FEDERAL FUNDS USED TO MAKE THE ORIGINAL PURCHASE OF THE SUBJECT PARCEL; PROVIDING AN EFFECTIVE DATE.

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10.    2009-502   AN ORDINANCE TRANSFERRING FROM THE ZOO LANDSCAPING - ASIAN EXHIBIT ACCOUNT TO THE TREE PROTECTION AND RELATED EXPENDITURES TRUST FUND $217,353 OF THE $2,041,761 ORIGINALLY APPROPRIATED BY ORDINANCE 2006-130-E FROM THE TREE PROTECTION AND RELATED EXPENDITURES TRUST FUND FOR THE ASIAN GARDENS EXHIBIT AT THE JACKSONVILLE ZOO AND GARDENS ("ZOO"); APPROPRIATING $217,353 FROM THE TREE PROTECTION AND RELATED EXPENDITURES TRUST FUND TO THE ZOO LANDSCAPING - PARKING LOT ACCOUNT, IN ORDER TO PROVIDE FUNDING FOR LANDSCAPING BOTH THE EXISTING PARKING LOT AND THE NEWLY COMPLETED OVERFLOW PARKING LOT AT THE ZOO, AS INITIATED BY B.T. 09-___; PROVIDING A CARRYOVER OF FUNDS TO FISCAL YEAR 2009-2010; INVOKING THE EXCEPTION OF 126.107(G), ORDINANCE CODE, TO AWARD THE CONTRACT TO THE ZOO; AMENDING THE 2008-2013 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2008-555-E TO INCREASE THE BUDGET FOR THE PROJECT ENTITLED "ZOO LANDSCAPING - PARKING LOT" AND TO REDUCE THE BUDGET FOR THE PROJECT ENTITLED "ZOO LANDSCAPING - ASIAN EXHIBITS"; AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE AND DELIVER DOCUMENTS AND TAKE FURTHER ACTION TO EFFECTUATE THE PURPOSE OF THIS ORDINANCE; PROVIDING FOR CITY OVERSIGHT BY THE RIGHT-OF-WAY & GROUNDS MAINTENANCE DIVISION OF THE DEPARTMENT OF PUBLIC WORKS; PROVIDING AN EFFECTIVE DATE.

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11.    2009-507   A RESOLUTION CONFIRMING THE SHERIFF'S APPOINTMENT OF ADAM JOSEPH BROWN, AS CHIEF OF CONTINUOUS IMPROVEMENT DIVISION, IN THE OFFICE OF THE SHERIFF, PURSUANT TO SECTION 37.104.1, ORDINANCE CODE; PROVIDING A RETROACTIVE APPOINTMENT AND CONFIRMATION; PROVIDING AN EFFECTIVE DATE.

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12.    2009-508   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF ERIN B. VANCE, A DUVAL COUNTY RESIDENT, REPLACING ESTELLE W. MCKISSICK, TO THE LIBRARY BOARD OF TRUSTEES, PURSUANT TO CHAPTER 90, ORDINANCE CODE, FOR A FIRST FULL TERM TO EXPIRE JUNE 30, 2012; PROVIDING AN EFFECTIVE DATE.

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13.    2009-509   A RESOLUTION CONFIRMING THE MAYOR'S  APPOINTMENT OF JOHN SCOTT, A DUVAL COUNTY RESIDENT, REPLACING WILLIAM "CLAY" ANDREWS, TO THE CONSTRUCTION TRADES QUALIFYING BOARD (CTQB), AS A POOL AND SPA CONTRACTOR, PURSUANT TO CHAPTER 62, ORDINANCE CODE, FOR AN UNEXPIRED TERM TO EXPIRE SEPTEMBER 30, 2011; PROVIDING AN EFFECTIVE DATE.

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