TRANSPORTATION, ENERGY & UTILITIES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

May 05,2009

 

BILL BISHOP, 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, May 05,2009. The meeting was called to order at 10:02 A.M. by Committee Chair Bill Bishop.  The meeting adjourned at 12:19 P.M.

 

 

                      Members in Attendance:                                                    Staff Attendance:

                  

                     CM Bill Bishop, Chair                                                         Sharonda Pender, Legislative Aide

                     CM Art Shad, Vice Chair                                                    Phillip Peterson, Asst. Auditor

                      CM Reggie Brown- Arrived 10:07                                      Steve Rohan, General Counsel

                      CM Johnny Gaffney                                                           John Jackson, Chief of Research

                      CM Glorious Johnson – Left 12:05                                      Lisa Rinaman, Administration

                      CM Richard Clark                                                              Planning Dept.:  Stephen Smith

                      CM Don Redman                                                               Planning Dept.:  Laurie Kattreh

         

 

 

 

 

 

Others in Attendance:

 

 

Kristina Nelson, OGC  (2009-314)

William Finger – land owner  (200-314)

CM Corrigan

CM Webb

Rick Mullaney, GC  (2009-314)

 

PRESENTATION by:  Paul McElroy (JEA) on Water & Sewer System Business Model, Rates and Declining Growth

 

PRESENTATION by:  Alan Mosley and Sam Mousa (Administration) on the status of the Duval County Courthouse Project

 

 

1.    2009-302   AN ORDINANCE SUPERSEDING RESOLUTION 2006-061-A; APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, A NEW STANDARD AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS ON FDOT RIGHTS-OF-WAY; PROVIDING FOR CITY OVERSIGHT BY THE DEPARTMENT OF PUBLIC WORKS; PROVIDING AN EFFECTIVE DATE.; 4/7/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: May 05, 2009

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Clark, Gaffney, Johnson, Redman, Shad, ( 6 )

_____________________

 

2.    2009-310   A RESOLUTION AUTHORIZING AND ACCEPTING THE CONVEYANCE OF PARTS OF PARCELS 145, 146, 147 AND 150, NEAR THE INTERSECTION OF STATE ROAD 9-A (I-295) AND STATE ROAD 13 (SAN JOSE BOULEVARD), IN COUNCIL DISTRICT 6, FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION TO THE CITY OF JACKSONVILLE; PROVIDING AN EFFECTIVE DATE.; 4/21/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: May 05, 2009

 

Recommend to APPROVE.

 

AYES - Bishop, Clark, Gaffney, Johnson, Redman, Shad, ( 6 )

_____________________

 

3.    2009-312   AN ORDINANCE APPROPRIATING $292,500, THE RECEIPT OF WHICH FROM THE FLORIDA DEPARTMENT OF EMERGENCY MANAGEMENT WAS PREVIOUSLY AUTHORIZED IN ORDINANCE 2007-313-E, FOR THE PURCHASE OF LIGHT DETECTION AND RANGING (LIDAR) TOPOGRAPHIC DATA, AS INITIATED BY B.T. 09-099; PROVIDING A CARRYOVER OF FUNDS TO FISCAL YEAR 2009-2010; PROVIDING AN EFFECTIVE DATE.; 4/21/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: May 04, 2009

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: May 05, 2009

 

Recommend to APPROVE.

 

AYES - Bishop, Clark, Gaffney, Johnson, Redman, Shad, ( 6 )

_____________________

 

4.    2009-313   AN ORDINANCE APPROPRIATING A $109,996 U. S. ENVIRONMENTAL PROTECTION AGENCY (EPA) PARTICULATE MATTER 103 GRANT FROM EPA TO PROVIDE FUNDING TO THE ENVIRONMENTAL QUALITY DIVISION OF THE ENVIRONMENTAL AND COMPLIANCE DEPARTMENT TO PERFORM AIR MONITORING FOR PARTICULATE MATTER WITHIN DUVAL COUNTY FOR THE GRANT PERIOD FROM APRIL 1, 2009, THROUGH MARCH 31, 2010, AS INITIATED BY B.T. 09-102; PROVIDING A CARRYOVER OF FUNDS TO FISCAL YEAR 2009-2010; AUTHORIZING A PERMANENT POSITION FOR THE PARTICULATE MATTER AIR MONITORING PROGRAM, AS INITIATED BY R.C. 09-306; PROVIDING AN EFFECTIVE DATE.; 4/21/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: May 04, 2009

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: May 05, 2009

 

Recommend to APPROVE.

 

AYES - Bishop, Clark, Gaffney, Johnson, Redman, Shad, ( 6 )

_____________________

 

5.    2009-314   AN ORDINANCE AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE A SUBORDINATION OF EASEMENT TO A DECLARATION OF RESTRICTIVE COVENANT BETWEEN 1163 TALLEYRAND, INC. AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP); AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AN AGREEMENT BETWEEN 1163 TALLEYRAND AND THE CITY; PROVIDING AN EFFECTIVE DATE.; 4/21/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: May 04, 2009

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: May 05, 2009

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Brown, Clark, Gaffney, Johnson, Redman, Shad, ( 7 )

_____________________

 

6.    2009-329   AN ORDINANCE APPROPRIATING $26,000 FROM THE WATER AND SEWER EXPANSION AUTHORITY (WSEA) GENERAL RESERVES ACCOUNT TO PROVIDE FUNDING TO COMPLETE THE CONSTRUCTION OF WATER INFRASTRUCTURE AT ZONA AVENUE, IN ACCORDANCE WITH ARTICLE 26 OF THE CITY CHARTER, AS INITIATED BY B.T. 09-101; AMENDING THE 2008-2013 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2008-555-E TO AUTHORIZE A PRIORITY 1 STATUS FOR THE PROJECT ENTITLED "ZONA AVENUE"; AUTHORIZING PROJECT BY WSEA RESOLUTION; PROVIDING FOR A REVERTER OF FUNDS; PROVIDING AN EFFECTIVE DATE.; 4/21/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: May 04, 2009

 

Recommend to AMEND and  APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: May 05, 2009

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Brown, Clark, Gaffney, Johnson, Redman, Shad, ( 7 )

_____________________

 


2ND READINGS

 

 

7.    2009-342   AN ORDINANCE APPROPRIATING $750,000 BY REALLOCATING FUNDS FROM THE DEAN ROAD PROJECT TO PROVIDE ADDITIONAL FUNDING FOR CONSTRUCTION CHANGE ORDER WORK FOR THE HODGES BOULEVARD PROJECT, AS INITIATED BY B.T. 09-103; PROVIDING A CARRYOVER OF FUNDS TO FISCAL YEAR 2009-2010; AMENDING THE 2008-2013 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2008-555-E TO INCREASE THE BUDGET FOR THE PROJECT ENTITLED "HODGES BLVD. - ATLANTIC BLVD. - BEACH BLVD." AND TO REDUCE THE BUDGET FOR THE PROJECT ENTITLED "DEAN ROAD: BEACH TO PARENTAL HOME"; PROVIDING FOR AN EFFECTIVE DATE.

_____________________

 

8.    2009-344   AN ORDINANCE APPROPRIATING $305,269.85 FROM THE TREE PROTECTION AND RELATED EXPENSES TRUST FUND FOR THE STOCKTON STREET TOWNCENTER LANDSCAPING PROJECT, AS INITIATED BY B.T. 09-109; PROVIDING A CARRYOVER OF FUNDS TO FISCAL YEAR 2009-2010; AMENDING THE 2008-2013 FIVE YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2008-555-E FOR THE PROJECT ENTITLED "STOCKTON STREET TOWNCENTER - LANDSCAPING"; PROVIDING AN EFFECTIVE DATE.

_____________________

 

9.    2009-352   AN ORDINANCE APPROPRIATING $271,767.21 FROM THE TREE PROTECTION AND RELATED EXPENSES TRUST FUND FOR THE OCEANWAY TOWNCENTER LANDSCAPING PROJECT, AS INITIATED BY B.T. 09-110; PROVIDING A CARRYOVER OF FUNDS TO FISCAL YEAR 2009-2010; AMENDING THE 2008-2013 FIVE YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2008-555-E FOR THE PROJECT ENTITLED "OCEANWAY TOWNCENTER - LANDSCAPING"; PROVIDING AN EFFECTIVE DATE.

_____________________

 

10.    2009-353   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE AND DELIVER TO THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), A MORTGAGE SUBORDINATION AGREEMENT AND A PARTIAL RELEASE OF MORTGAGE(S) SO AS TO ALLOW FDOT TO ACQUIRE A FEE INTEREST AND AN EASEMENT IN PARCELS ALONG SOUTEL DRIVE BETWEEN SIBBALD ROAD AND ARCHERY AVENUE, IN COUNCIL DISTRICT 10, OWNED BY HOLZENDORF PROPERTIES, LLP AND PORTIONS OF WHICH ARE ENCUMBERED BY A SECOND MORTGAGE AND SECURITY AGREEMENT, A COLLATERAL ASSIGNMENT OF RENTS AND LEASES, AND A STATE OF FLORIDA UNIFORM COMMERCIAL CODE FINANCING STATEMENT, ALL HELD BY THE CITY OF JACKSONVILLE, FOR THE CONSTRUCTION OF A TRANSIT SHELTER AND ROADWAY IMPROVEMENTS; PROVIDING AN EFFECTIVE DATE.

_____________________

 

11.    2009-354   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, A CONSERVATION EASEMENT GRANTING A CONSERVATION EASEMENT OVER 5.506 ACRES OF THE 17.53 ACRE POND SITE OF THE RAMPART ROAD IMPROVEMENTS PROJECT, A BETTER JACKSONVILLE PLAN II PROJECT (THE "PROPERTY"), IN COUNCIL DISTRICT 14, TO THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT ("SJRWMD") AS A CONDITION OF PERMIT #4-031-17232-15 FOR THE ARGYLE FOREST BLVD. WIDENING PROJECT ("PROJECT"), ISSUED TO THE CITY BY SJRWMD TO OFFSET ADVERSE IMPACTS TO NATURAL RESOURCES, FISH AND WILDLIFE, AND WETLAND FUNCTIONS RESULTING FROM THE PROJECT, COMPLETED BY THE JACKSONVILLE TRANSPORTATION AUTHORITY, AND TO PREVENT ANY USE OF THE PROPERTY THAT WILL IMPAIR OR INTERFERE WITH THE ENVIRONMENTAL VALUE OF THE PROPERTY; PROVIDING AN EFFECTIVE DATE.

_____________________

 

12.    2009-356   AN ORDINANCE APPROVING THE PURCHASE OF TWO PARCELS OF REAL PROPERTY IN COUNCIL DISTRICT 8, PARCEL 110, CONSISTING OF 0.367 ACRES, FROM BETTY JEAN BROWN FOR $196,250, AND PARCEL 113, CONSISTING OF 0.242 ACRES, FROM ALLEN B. KEITON AND VANESSA E. KEITON FOR $200,000, FOR THE CONSTRUCTION OF A RETENTION POND TO ACCOMMODATE STORM WATER DRAINAGE FOR THE LINCOLN VILLAS STORM WATER IMPROVEMENTS PHASE II PROJECT, BOTH PURCHASES BEING WHOLE TAKINGS; AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND THE CORPORATION SECRETARY TO EXECUTE ALL CLOSING DOCUMENTS AND OTHERWISE TAKE ALL NECESSARY ACTION TO EFFECTUATE THE PURCHASES OF THE REAL PROPERTY; PROVIDING AN EFFECTIVE DATE.

_____________________

 

13.    2009-359   AN ORDINANCE REPEALING CHAPTER 204, ORDINANCE CODE, IN ITS ENTIRETY; AMENDING CHAPTER 360 (ENVIRONMENTAL REGULATION), ORDINANCE CODE, TO AMEND 360.106 DEFINITION OF PERSON, TO AMEND 360.407 TO AUTHORIZE THE RECOVERY OF ATTORNEYS FEES AND COSTS IN A JUDICIAL ACTION, TO AMEND SECTION 360.111 TO AUTHORIZE ENFORCEMENT BEFORE A VARIANCE REQUEST IS FINALIZED AND TO AMEND SECTION 360.701 TICKETING AUTHORITY; AMENDING CHAPTER 368 (NOISE CONTROL), ORDINANCE CODE, TO AMEND SECTION 368.104, DEFINITIONS, TO AMEND SECTION 368.105, EXCEPTIONS, TO AMEND SECTION 368.107, ADOPTION OF STANDARDS; TO AMEND CHAPTER 368 PART 2, TO CLARIFY NOISE DISTURBANCES AND MAXIMUM PERMISSIBLE NOISE LIMITS; TO STRIKE CHAPTER 368 PART 3, ENFORCEMENT AND AMEND AND RENUMBER CHAPTER 368 PART 4, VIOLATIONS AND CIVIL PENALTIES TO NOW BE CHAPTER 368 PART 3 ENFORCEMENT, TO AMEND AND RENUMBER SECTION 368.401, VIOLATIONS AND CRIMINAL PENALTIES, TO AMEND AND RENUMBER 368.402, VIOLATIONS AND CIVIL PENALTIES, TO RENUMBER SECTION 360.403, TO CREATE NEW SECTION 368.304, VARIANCES, TO CREATE NEW SECTION 368.305, APPEALS; AMENDING CHAPTER 123 (PUBLIC FEES), ORDINANCE CODE TO UPDATE THE NAME OF THE ENVIRONMENTAL RESOURCE MANAGEMENT DEPARTMENT AND TO AUTHORIZE FEES FOR VARIANCES APPLICATIONS PURSUANT TO CHAPTERS 360 AND 368, ORDINANCE CODE; PLACING STRICKEN LANGUAGE ON FILE; DIRECTING TRANSMITTAL TO THE MUNICPAL CODE CORPORATION FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.

_____________________

 

14.    2009-360   AN ORDINANCE AMENDING CHAPTER 366 (GROUNDWATER RESOURCE MANAGEMENT), ORDINANCE CODE, AND CHAPTER 752 (JACKSONVILLE REUSE OF RECLAIMED WATER PROGRAM), ORDINANCE CODE, TO CORRECT AND CLARIFY JURISDICTIONAL APPLICABILITY; MAKING SUCH CORRECTIONS RETROACTIVE AND FINDING THAT SUCH CORRECTIONS DO NOT ADVERSELY AFFECT ANY PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS OF ANY AFFECTED PARTY; TO CODIFY TICKETING AUTHORITY PURSUANT TO 2008-28-E, AND 2008-346-E; TO AMEND WATERING SCHEDULE TO INCREASE AMOUNT OF WATER THAT MAY BE APPLIED TO ZONE DURING DAYLIGHT SAVINGS TIME AND TO AMEND WATERING SCHEDULE TO ONE DAY PER WEEK DURING EASTERN STANDARD TIME TO REFLECT RECENT WATER MANAGEMENT DISTRICT RULE CHANGES; TO AMEND EXCEPTION TO WATERING SCHEDULE TO PROVIDE THAT IRRIGATION SYSTEMS MAY BE OPERATED FOR 20 MINUTES FOR MAINTENANCE AND REPAIR PURPOSES; AND PROVIDING AN EFFECTIVE DATE.

_____________________