RULES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

January 05,2009

 

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, January 05,2009.  The meeting was called to order at 10:01 A.M. by Committee Chair Jack Webb.  The meeting was adjourned at 11:48 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 – left 11:43                                       Rick Campbell, Research Asst.

                       CM Warren Jones – Arrived 10:05                                        Sherry Hall, Administration

                      CM Art Shad – left 11:19                                                  

                       CM Clay Yarborough

                       

 

 

 

 

 

Others in Attendance:

 

 

Richard Cohee, Police & Fire Pension Office  (2008-906)

Mayor Jake Godbold  (2008-1055)

Vince Seibold, Chief of Enviro Quality Div  (2008-1055)


 

1.    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.; 11/3/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: January 05, 2009

 

Recommend to APPROVE.

 

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

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2.    2008-839   AN ORDINANCE AMENDING CHAPTER 602 (ETHICS CODE), PART 1 (IN GENERAL), SECTION 602.101 (LEGISLATIVE INTENT AND DECLARATION OF POLICY; ASPIRATIONAL GOALS) AND SECTION 602.201 (DEFINITIONS), ORDINANCE CODE, TO DEFINE THE CITY OF JACKSONVILLE TO INCLUDE ITS CONSTITUTIONAL OFFICERS, AND DEPENDENT AND INDEPENDENT AGENCIES, COMMISSIONS AND BOARDS; PROVIDING AN EFFECTIVE DATE; 10/6/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: January 05, 2009

 

Recommend to SUBSTITUTE and APPROVE.

 

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

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3.    2008-1042   AN ORDINANCE DECLARING  A CERTAIN TAX REVERTED PARCEL OF REAL PROPERTY (RE# 010659-0010) IN COUNCIL DISTRICT 10 TO BE SURPLUS TO THE NEEDS OF THE CITY; AUTHORIZING THE MAYOR AND THE CORPORATION SECRETARY TO CONVEY SAID PARCEL OF REAL PROPERTY TO JACKSONVILLE TRANSPORTATION AUTHORITY (JTA), AT NO COST, FOR FUTURE ROAD IMPROVEMENTS TO BEAVER STREET; WAIVING THE PROVISIONS OF SECTION 122.423 (APPRAISAL AT OR BELOW  $25,000), ORDINANCE CODE, SO AS TO ALLOW CONVEYANCE OF SAID PARCEL OF REAL PROPERTY TO JTA AT NO COST; PROVIDING AN EFFECTIVE DATE; 12/1/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: December 02, 2008

 

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

 

REPORT OF THE COMMITTEE ON RULES: January 05, 2009

 

Recommend to APPROVE.

 

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

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4.    2008-1055   AN ORDINANCE RELATED TO CHAPTER 126 (PROCUREMENT CODE), ORDINANCE CODE, AND PROXIMITY AS A BID EVALUATION CRITERIA; AMENDING SECTION 126.302 (PROFESSIONAL SERVICES EVALUATION COMMITTEE PROCEDURES), ORDINANCE CODE TO CREATE CRITERIA AND STANDARDS FOR THE EVALUATION OF PROXIMITY TO PROJECTS IN PUBLIC PROPOSALS; PROVIDING AN EFFECTIVE DATE.; 12/1/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: January 05, 2009

 

Recommend to SUBSTITUTE and APPROVE.

 

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

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5.    2008-1059   AN ORDINANCE APPROPRIATING $184,754 FROM THE ENVIRONMENTAL PROTECTION BOARD FUND TO PROVIDE FUNDING FOR THE FOLLOWING: ($126,021 FOR THE 2008-2009 STATE OF THE RIVER STUDY; $23,733 FOR THE 2009-2010 STATE OF THE RIVER STUDY; AND $35,000 TO PROVIDE A SURFACE WATER WITHDRAWAL STUDY) TO BE CONDUCTED BY THE UNIVERSITY OF NORTH FLORIDA; PROVIDING FOR A CARRYOVER OF FUNDS TO FISCAL YEAR 2009-2010; INVOKING THE EXCEPTION OF SECTION 126.107(F), ORDINANCE CODE; APPROVING AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE A CONTRACT WITH THE UNIVERSITY OF NORTH FLORIDA; DESIGNATING THE DEPARTMENT OF ENVIRONMENTAL AND COMPLIANCE TO OVERSEE FUNDING THE PROJECT; PROVIDING AN EFFECTIVE DATE; 12/1/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RECREATION & COMMUNITY DEVELOPMENT: December 02, 2008

 

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

 

REPORT OF THE COMMITTEE ON JAX WATERWAYS: December 11, 2008

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON RULES: January 05, 2009

 

Recommend to AMEND and  APPROVE.

 

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

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6.    2008-905   A RESOLUTION ADVANCING THE CITY COUNCIL'S SUPPORT FOR LOCAL BILL J-1, TO BE CONSIDERED BY THE DUVAL COUNTY LEGISLATIVE DELEGATION, WHICH WOULD AMEND THE ENABLING LEGISLATION OF THE JACKSONVILLE AVIATION AUTHORITY (JAA) AS ESTABLISHED IN CHAPTER 2001-319, LAWS OF FLORIDA, AS AMENDED BY CHAPTER 2004-464, AND CHAPTER 2005-328, LAWS OF FLORIDA, BY AMENDING SECTION 7, RIGHTS OF EMPLOYEES, TO ESTABLISH THE ELECTED CITY COUNCIL OF THE CITY OF JACKSONVILLE AS THE LEGISLATIVE BODY FOR APPROVING COLLECTIVE BARGAINING AGREEMENTS AND RESOLVING COLLECTIVE BARGAINING AGREEMENT IMPASSES, AS PROVIDED IN SECTIONS 447.203(10), 447.309, AND 447.403 FLORIDA STATUTES, AND TO LIMIT THE JAA'S AUTHORITY TO PRIVATIZE CERTAIN POSITIONS; PROVIDING AN EFFECTIVE DATE; 10/20/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: January 05, 2009

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON RULES: January 05, 2009

 

Recommend to AMEND and  APPROVE.

 

AYES - Johnson, Shad, Yarborough, ( 3 )

 

NAYS - Davis, Hyde, Jones, Webb, ( 4 )

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7.    2008-905   A RESOLUTION ADVANCING THE CITY COUNCIL'S SUPPORT FOR LOCAL BILL J-1, TO BE CONSIDERED BY THE DUVAL COUNTY LEGISLATIVE DELEGATION, WHICH WOULD AMEND THE ENABLING LEGISLATION OF THE JACKSONVILLE AVIATION AUTHORITY (JAA) AS ESTABLISHED IN CHAPTER 2001-319, LAWS OF FLORIDA, AS AMENDED BY CHAPTER 2004-464, AND CHAPTER 2005-328, LAWS OF FLORIDA, BY AMENDING SECTION 7, RIGHTS OF EMPLOYEES, TO ESTABLISH THE ELECTED CITY COUNCIL OF THE CITY OF JACKSONVILLE AS THE LEGISLATIVE BODY FOR APPROVING COLLECTIVE BARGAINING AGREEMENTS AND RESOLVING COLLECTIVE BARGAINING AGREEMENT IMPASSES, AS PROVIDED IN SECTIONS 447.203(10), 447.309, AND 447.403 FLORIDA STATUTES, AND TO LIMIT THE JAA'S AUTHORITY TO PRIVATIZE CERTAIN POSITIONS; PROVIDING AN EFFECTIVE DATE; 10/20/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: January 05, 2009

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON RULES: January 05, 2009

 

Recommend to RECONSIDER.  The motion CARRIED.

 

Recommend to AMEND and  APPROVE.

 

AYES - Davis, Hyde, Jones, Webb, ( 4 )

 

NAYS - Johnson, Shad, Yarborough, ( 3 )

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8.    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; 11/3/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: January 05, 2009

 

Recommend to APPROVE.

 

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

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9.    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.; 11/3/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: January 05, 2009

 

Recommend to AMEND and  APPROVE.

 

AYES - Davis, Hyde, Jones, Webb, ( 4 )

 

NAYS - Johnson, Yarborough, ( 2 )

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10.    2008-1109   A RESOLUTION RECOGNIZING AND COMMENDING BILL WHITE, PUBLIC DEFENDER FOR THE FOURTH JUDICIAL CIRCUIT; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

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

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11.    2008-1110   A RESOLUTION HONORING AND COMMENDING C. WRIGHT HOLLINGSWORTH ON THE OCCASION OF BEING AWARDED THE BRONZE STAR MEDAL WITH COMBAT "V" FOR HIS COURAGEOUS AND HEROIC ACTIONS IN OPERATION CHROMITE DURING POST WORLD WAR II CONFLICT; PROVIDING AN EFFECTIVE DATE

 

Recommend to SUBSTITUTE and APPROVE.

 

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

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12.    2008-1111   A RESOLUTION HONORING AND CONGRATULATING THE JACKSONVILLE UNIVERSITY DOLPHINS FOOTBALL TEAM ON WINNING THEIR FIRST PIONEER FOOTBALL LEAGUE CHAMPIONSHIP; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

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

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13.    2008-1112   A RESOLUTION COMMEMORATING THE LIFE OF MORRIS ABRAHAM CRADY FOR HIS SERVICE AND DEVOTION IN PROMOTING THE MANY ATTRIBUTES OF JACKSONVILLE; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

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

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14.    2008-1113   A RESOLUTION COMMEMORATING THE BRIDGE ON ITS 25TH ANNIVERSARY FOR ITS WORK IN SUPPORTING HEALTHY, PRODUCTIVE YOUTH AND FAMILIES; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

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

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15.    2008-1114   A RESOLUTION RECOGNIZING AND COMMENDING THE JACKSONVILLE PRAISE ORCHESTRA UPON THE OCCASION OF ITS INAUGURAL CONCERT BENEFITTING THE DUVAL COUNTY PUBLIC SCHOOLS MUSIC PROGRAM; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

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

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2nd READINGS

 

 

16.    2008-1089   AN ORDINANCE AMENDING RULE 3.106 (WITHDRAWAL OF BILLS), COUNCIL RULES, TO REQUIRE ADMINISTRATIVE WITHDRAWAL OF ALL BILLS THAT HAVE BEEN PENDING SINCE TWO YEARS FROM INTRODUCTION; PROVIDING FOR A SIXTY (60) DAY EXTENSION UPON APPROVAL OF TWO-THIRDS VOTE OF THE FULL COUNCIL; PROVIDING AN EFFECTIVE DATE

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17.    2008-1090   AN ORDINANCE AMENDING SECTION 91.104(d) (JURISDICTION), ORDINANCE CODE TO CLARIFY THE SPECIAL MASTER APPOINTMENT AND AUTHORITY, PURSUANT TO CHAPTER 162, FLA. STAT.; PROVIDING AN EFFECTIVE DATE

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18.    2008-1093   AN ORDINANCE AMENDING CHAPTER 602 (ETHICS CODE), PART 7 (GIFTS AND HONORARIA), ORDINANCE CODE, BY REPEALING SECTION 602.703 (GIFT  REPORTING), AND PLACING SAID SECTION IN "RESERVED" STATUS, SO AS TO ELIMINATE "LOCAL" GIFT REPORTING; PROVIDING AN EFFECTIVE DATE

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19.    2008-1095   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, THE FOLLOWING DOCUMENTS PERTAINING TO THE PROPOSED ALLIANCE BETWEEN THE MUSEUM OF CONTEMPORARY ART JACKSONVILLE, INC. ("MOCAJAX") AND THE UNIVERSITY OF NORTH FLORIDA BOARD OF TRUSTEES ("UNF"), SUCH DOCUMENTS BEING (1) A CONSENT AGREEMENT (FOR ASSIGNMENT OF LEASE AND USE), AMONG THE CITY OF JACKSONVILLE (THE "CITY"), MOCAJAX, AND UNF, FOR THE PREMISES LOCATED AT 333 NORTH LAURA STREET, JACKSONVILLE, FLORIDA 32202 (RE NUMBER 073710-0000), AND (2) A FIRST AMENDMENT TO (A) SECURITY AGREEMENT AND (B) QUIT-CLAIM BILL OF SALE WITH POSSIBILITY OF REVERTER BETWEEN THE CITY AND MOCAJAX; PROVIDING FOR THE EXECUTION OF ALL DOCUMENTS RELATING TO THE CITY'S CONSENT TO THE TRANSACTIONS BETWEEN MOCAJAX AND UNF; WAIVING SECTION 118.607(E), ORDINANCE CODE, RELATING TO THE REQUIREMENT THAT CULTURAL SERVICE GRANTS BE MADE TO ENTITIES WITH A BROAD BASE IN MANAGEMENT AND MEMBERSHIP BECAUSE MOCAJAX WILL CONTINUE TO SUPPORT A BROAD SEGMENT 0F THE JACKSONVILLE COMMUNITY; WAIVING SECTION 118.609(A), ORDINANCE CODE, RELATING TO THE PROHIBITION AGAINST PROVIDING CULTURAL SERVICE GRANTS TO STATE AGENCIES BECAUSE MOCAJAX WILL CONTINUE TO EXIST AS A SEPARATE FLORIDA NON-PROFIT CORPORATION WITH 501(C)(3) STATUS; PROVIDING AN EFFECTIVE DATE

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20.    2008-1099   A RESOLUTION CONFIRMING THE MAYOR'S REAPPOINTMENT OF MARIA TAYLOR TO THE JACKSONVILLE HUMAN RIGHTS COMMISSION, PURSUANT TO CHAPTER 60, ORDINANCE CODE, FOR A SECOND FULL TERM TO EXPIRE DECEMBER 31, 2011; PROVIDING AN EFFECTIVE DATE

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21.    2008-1100   A RESOLUTION CONFIRMING THE MAYOR'S  REAPPOINTMENT OF DENNIS WADE TO THE JACKSONVILLE HUMAN RIGHTS COMMISSION, PURSUANT TO CHAPTER 60, ORDINANCE CODE, FOR A SECOND FULL TERM TO EXPIRE DECEMBER 31, 2011; PROVIDING AN EFFECTIVE DATE

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22.    2008-1101   A RESOLUTION CONFIRMING THE MAYOR'S REAPPOINTMENT OF CYNTHIA "CINDY" WATSON TO THE JACKSONVILLE HUMAN RIGHTS COMMISSION, PURSUANT TO CHAPTER 60, ORDINANCE CODE, FOR A SECOND FULL TERM TO EXPIRE DECEMBER 31, 2011; PROVIDING AN EFFECTIVE DATE

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23.    2008-1102   A RESOLUTION CONFIRMING THE MAYOR'S REAPPOINTMENT OF DR. ALVIN G. WHITE TO THE JACKSONVILLE HUMAN RIGHTS COMMISSION, PURSUANT TO CHAPTER 60, ORDINANCE CODE, FOR A SECOND FULL TERM TO EXPIRE DECEMBER 31, 2011; PROVIDING AN EFFECTIVE DATE

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24.    2008-1103   A RESOLUTION CONFIRMING THE MAYOR'S REAPPOINTMENT OF DOTTIE S. WILSON TO THE JACKSONVILLE HUMAN RIGHTS COMMISSION, PURSUANT TO CHAPTER 60, ORDINANCE CODE, FOR A SECOND FULL TERM TO EXPIRE ON DECEMBER 31, 2011; PROVIDING AN EFFECTIVE DATE

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25.    2008-1104   A RESOLUTION CONFIRMING THE MAYOR'S REAPPOINTMENT OF MARK S. COWART TO THE TRUE (TAXATION REVENUE AND UTILIZATION OF EXPENDITURES) COMMISSION, PURSUANT TO CHAPTER 57, ORDINANCE CODE, FOR A SECOND FULL TERM TO EXPIRE JUNE 30, 2011; PROVIDING AN EFFECTIVE DATE

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26.    2008-1105   A RESOLUTION CONFIRMING THE MAYOR'S REAPPOINTMENT OF NICOLE E. LESTER TO THE TRUE (TAXATION REVENUE & UTILIZATION OF EXPENDITURES) COMMISSION, PURSUANT TO CHAPTER 57, ORDINANCE CODE, FOR A FIRST FULL TERM TO EXPIRE JUNE 30, 2011; PROVIDING AN EFFECTIVE DATE

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27.    2008-1106   A RESOLUTION REAPPOINTING ROBERT A. RUBENS AS A MEMBER OF THE BUILDING CODES ADJUSTMENT BOARD, PURSUANT TO CHAPTER 56, ORDINANCE CODE, FOR A SECOND TERM EXPIRING SEPTEMBER 30, 2011; PROVIDING AN EFFECTIVE DATE

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28.    2008-1107   A RESOLUTION REAPPOINTING BARBARA G. JAFFE AS A MEMBER OF THE JACKSONVILLE POLICE AND FIRE PENSION BOARD OF TRUSTEES, FOR A TWO-YEAR TERM EXPIRING DECEMBER 1, 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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