RULES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

November 15,2010

 

DENISE LEE, 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, November 15,2010. The meeting was called to order at 10:15 A.M. by Committee Chair Denise Lee. The meeting was adjourned at 12:06 P.M.

 

 

 

Members in Attendance: Staff Attendance:

CM Denise Lee, Chair Juliette Williams, Legislative Aide

CM Stephen Joost, Vice Chair - Excused Heather Norsworthy, Asst. Auditor

CM Richard Clark Peggy Sidman, Attorney

CM Clay Yarborough Rick Campbell, Research Asst.

CM Art Shad Sherry Hall, Administration

CM John Crescimbeni Sean Costigan, Attorney

CM Bill Bishop

 

 

 

Others in Attendance:

 

Dan Kleman Fire Museum Advisory Bd

Randy Wyse- Fire Museum Advisory Bd

Wayne Doolittle- Fire Museum Advisory Bd

Curtis Lee- 2010-849, 812, 809

Conrad Markle- 2010-814, 816, 856

Rod Morrell- 2010-816

Wyman Duggan 2010-813

John Keane 2010-786, 812

Carla Miller 2010-816

 


 

1. 2010-786 A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF HASTINGS WILLIAMS AS CHIEF OF THE FIRE PREVENTION DIVISION OF THE CITY OF JACKSONVILLE FIRE AND RESCUE DEPARTMENT; PROVIDING AN EFFECTIVE DATE; 10/18/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: November 15, 2010

 

Recommend to APPROVE.

 

AYES - Bishop, Clark, Crescimbeni, Lee, Shad, Yarborough, ( 6 )

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2. 2010-809 A RESOLUTION APPOINTING TERRY R. WOOD AS A MEMBER OF THE BOARD OF TRUSTEES OF THE JACKSONVILLE RETIREMENT SYSTEM, REPLACING RICK CORAM AS A CITIZEN TRUSTEE, PURSUANT TO CHAPTER 120, ORDINANCE CODE, FOR A FIRST TERM ENDING OCTOBER 22, 2013; PROVIDING AN EFFECTIVE DATE; 11/1/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: November 15, 2010

 

Recommend to APPROVE.

 

AYES - Bishop, Clark, Crescimbeni, Lee, Shad, Yarborough, ( 6 )

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3. 2010-820 A RESOLUTION APPOINTING DR. JOSE ZAYAS AS A MEMBER OF THE HEALTH PLANNING COUNCIL OF NORTHEAST FLORIDA, INC., REPLACING DR. GEORGE ARMSTRONG AS A "PROVIDER", PURSUANT TO SECTION 408.033, FLORIDA STATUTES, FOR A TWO-YEAR TERM EXPIRING SEPTEMBER 30, 2012; PROVIDING AN EFFECTIVE DATE; 11/1/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: November 15, 2010

 

Recommend to APPROVE.

 

AYES - Bishop, Clark, Crescimbeni, Lee, Shad, Yarborough, ( 6 )

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4. 2010-821 A RESOLUTION CONFIRMING THE MAYOR'S REAPPOINTMENT OF MARK S. WOOD, A NON-RESIDENT OF DUVAL COUNTY WHO WORKS IN DUVAL COUNTY AND IS A PATRON OF THE LIBRARY, TO THE LIBRARY BOARD OF TRUSTEES AS AN AT-LARGE REPRESENTATIVE, PURSUANT TO CHAPTER 90, ORDINANCE CODE, FOR A SECOND FULL TERM TO EXPIRE JULY 15, 2014; PROVIDING AN EFFECTIVE DATE; 11/1/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: November 15, 2010

 

Recommend to APPROVE.

 

AYES - Bishop, Clark, Crescimbeni, Lee, Shad, Yarborough, ( 6 )

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5. 2010-829 A RESOLUTION CONFIRMING THE APPOINTMENT OF THEODORE J. WENDLER AS A MEMBER OF THE TAXATION, REVENUE AND UTILIZATION OF EXPENDITURES (TRUE) COMMISSION, PURSUANT TO CHAPTER 57, ORDINANCE CODE, REPLACING RANDALL DEEN FOR A FIRST TERM ENDING JUNE 30, 2013; PROVIDING AN EFFECTIVE DATE; 11/1/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: November 15, 2010

 

Recommend to APPROVE.

 

AYES - Bishop, Clark, Crescimbeni, Lee, Shad, Yarborough, ( 6 )

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6. 2010-831 A RESOLUTION CONFIRMING THE SHERIFF'S APPOINTMENT OF JANICE SENDLER PLUCKNETT, AS CHIEF OF PERSONNEL DIVISION, IN THE OFFICE OF THE SHERIFF, PURSUANT TO SECTION 37.110, ORDINANCE CODE; PROVIDING A RETROACTIVE APPOINTMENT AND CONFIRMATION; PROVIDING AN EFFECTIVE DATE; 11/1/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: November 15, 2010

 

Recommend to APPROVE.

 

AYES - Bishop, Clark, Crescimbeni, Lee, Shad, Yarborough, ( 6 )

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7. 2010-860 A RESOLUTION APPOINTING SAM E. MOUSA AS A MEMBER OF THE NORTHEAST FLORIDA REGIONAL TRANSPORTATION STUDY COMMISSION, PURSUANT TO CHAPTER 2010-212, LAWS OF FLORIDA; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE as an EMERGENCY measure.

 

AYES - Bishop, Clark, Crescimbeni, Lee, Shad, Yarborough, ( 6 )

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8. 2010-679 AN ORDINANCE AMENDING SECTION 126.111(B)(CERTIFICATION OF PAYMENT BY CONTRACTOR) TO CORRECT THE DEPARTMENT NAME; AMENDING SECTION 126.111(C) (PAYMENT OF CITY CONTRACTS), ORDINANCE CODE, TO REQUIRE JOINT PAYMENT OF CONTRACTORS AND SUBCONTRACTORS WHEN THE PROVISIONS OF SECTION 18.11 OF THE CHARTER ARE WAIVED; PROVIDING AN EFFECTIVE DATE; 9/7/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: September 08, 2010

 

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

 

REPORT OF THE COMMITTEE ON RULES: November 15, 2010

 

Recommend to APPROVE.

 

AYES - Bishop, Clark, Crescimbeni, Lee, Shad, Yarborough, ( 6 )

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9. 2010-818 A RESOLUTION APPOINTING H. JAMES NEWMAN AS A MEMBER OF THE DUVAL COUNTY RESEARCH AND DEVELOPMENT AUTHORITY, FILLING THE SLOT FORMERLY HELD BY DON LESTER, PURSUANT TO CHAPTER 67, ORDINANCE CODE, AND SECTION 159.703, FLORIDA STATUTES, FOR A FIRST TERM ENDING OCTOBER 17, 2014; PROVIDING AN EFFECTIVE DATE; 11/1/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: November 15, 2010

 

Recommend to WITHDRAW.

 

AYES - Bishop, Clark, Crescimbeni, Lee, Shad, Yarborough, ( 6 )

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10. 2010-828 A RESOLUTION REQUESTING THE UNITED STATES POST OFFICE MAINTAIN THE LEVEL OF SERVICE AT CECIL COMMERCE CENTER; DIRECTING THE CHIEF OF LEGISLATIVE SERVICES TO FORWARD A COPY OF THIS RESOLUTION TO THE UNITED STATES POSTMASTER; DIRECTING THE CHIEF OF LEGISLATIVE SERVICE TO FORWARD A COPY TO THE FLORIDA CONGRESSIONAL DELEGATION TO REQUEST SUPPORT OF RESOLUTION; PROVIDING AN EFFECTIVE DATE; 11/1/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: November 15, 2010

 

Recommend to APPROVE.

 

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

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11. 2010-840 AN ORDINANCE AMENDING ORDINANCE 2010-559-E TO REVISE THE INCREASE IN AUTHORIZED PRINCIPAL AMOUNT OF BANKING FUND BONDS AUTHORIZED TO BE ISSUED FROM $64,761,909 TO $141,261,909; REPLACING THE REVISED PROJECT ATTACHED TO ORDINANCE 2010-559-E; REQUESTING EMERGENCY PASSAGE; AND PROVIDING AN EFFECTIVE DATE

 

AYES - Clark, Crescimbeni, Lee, Shad, ( 4 )

 

NAYS - Bishop, Yarborough, ( 2 )

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12. 2010-812 A RESOLUTION STATING THE COUNCIL'S SUPPORT FOR LOCAL BILL J-2, TO BE CONSIDERED BY THE DUVAL COUNTY LEGISLATIVE DELEGATION FOR THE 2011 LEGISLATIVE SESSION, WHICH WOULD AMEND ARTICLE 22 (JACKSONVILLE POLICE AND FIRE PENSION BOARD OF TRUSTEES) OF THE CHARTER TO INCREASE THE BOARD'S AUTHORIZATION TO INVEST IN FIXED REAL ESTATE ASSETS FROM TEN (10%) PERCENT TO TWENTY-FIVE (25%) PERCENT IN ACCORDANCE WITH SECTION 215.47, FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE; 11/1/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: November 15, 2010

 

Recommend to AMEND and APPROVE.

 

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

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13. 2010-813 A RESOLUTION STATING THE COUNCIL'S SUPPORT FOR LOCAL BILL J-3, TO BE CONSIDERED BY THE DUVAL COUNTY LEGISLATIVE DELEGATION FOR THE 2011 LEGISLATIVE SESSION, WHICH WOULD AMEND CHAPTER 87-471, LAWS OF FLORIDA, A SPECIAL ACT RELATING TO DUVAL COUNTY; ESTABLISHING A SPECIAL ZONE CALLED "THE URBAN TRANSITION AREA" IN RIVERSIDE; PROVIDING EXCEPTIONS FOR SPACE AND SEATING REQUIREMENTS FOR LIQUOR LICENSES FOR RESTAURANTS IN THIS ZONE; PROVIDING AN EFFECTIVE DATE; 11/1/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: November 15, 2010

 

Recommend to APPROVE.

 

AYES - Bishop, Clark, Crescimbeni, Lee, ( 4 )

 

NAYS - Yarborough, ( 1 )

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14. 2010-815 A RESOLUTION STATING THE COUNCIL'S SUPPORT FOR LOCAL BILL J-5, TO BE CONSIDERED BY THE DUVAL COUNTY LEGISLATIVE DELEGATION FOR THE 2011 LEGISLATIVE SESSION, WHICH WOULD AMEND ARTICLE 6 (THE MAYOR) OF THE CHARTER TO AMEND THE MANNER IN WHICH THE MAYOR'S VETO POWER IS EXERCISED; MAKING SCRIVENER'S CHANGES; PROVIDING FOR A TWO-THIRDS MAJORITY OF COUNCIL MEMBERS PRESENT AT A MEETING ADDRESSING A VETO TO OVERRIDE ALL MAYORAL VETOES; AND PROVIDING FOR ONLY FIVE (5) BUSINESS DAYS FOR THE MAYOR TO VETO COUNCIL LEGISLATION; PROVIDING AN EFFECTIVE DATE; 11/1/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: November 15, 2010

 

Recommend to APPROVE.

 

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

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15. 2010-816 A RESOLUTION STATING THE COUNCIL'S SUPPORT FOR LOCAL BILL J-6, TO BE CONSIDERED BY THE DUVAL COUNTY LEGISLATIVE DELEGATION FOR THE 2011 LEGISLATIVE SESSION, WHICH WOULD AMEND ARTICLE 1 (GOVERNMENT) OF THE CHARTER OF THE CITY OF JACKSONVILLE TO ADD A NEW CHAPTER 2 (ETHICS) TO ESTABLISH AN ETHICS POLICY; TO PROVIDE FOR AN ETHICS CODE, AN ETHICS COMMISSION AND AN ETHICS OVERSIGHT AND COMPLIANCE OFFICE; TO PROVIDE FOR ADMINISTRATIVE SUPPORT; AND TO MOVE THE ETHICS EDUCATION PROVISION OF THE CHARTER FROM SECTION 18.10 TO SECTION 1.205; PROVIDING AN EFFECTIVE DATE; 11/1/2010 - Amend/Read 2nd & Rerefer 6-0

 

REPORT OF THE COMMITTEE ON RULES: November 15, 2010

 

Recommend to APPROVE.

 

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

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2ND READINGS

 

16. 2010-838 AN ORDINANCE APPROPRIATING $36,153.44 FROM THE FLORIDA DEPARTMENT OF HEALTH TO REIMBURSE THE CITY OF JACKSONVILLE FOR THE COSTS OF DEPLOYING CITY RESOURCES AND EMPLOYEES, INCLUDING EOC STAFF, VACINATORS AND PERSONNEL ASSIGNED TO THE CITY'S INCIDENT MANAGEMENT TEAM, TO ASSIST IN THE STATE OF FLORIDA'S RESPONSE TO THE H1N1 FLU INCIDENT, AS INITIATED BY B.T. 11-013; PROVIDING AN EFFECTIVE DATE

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17. 2010-841 AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER A FIRST AMENDMENT TO THE AGREEMENT BETWEEN LEARN TO READ, INC. AND THE CITY OF JACKSONVILLE TO EXTEND THE DURATION OF THE AGREEMENT ONE YEAR AND AUTHORIZE THE LIBRARY DIRECTOR TO EXTEND THE AGREEMENT AN ADDITIONAL YEAR; PROVIDING AN EFFECTIVE DATE

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18. 2010-845 AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY, A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF JACKSONVILLE, THE MINERALS MANAGEMENT SERVICE (MMS) OF THE DEPARTMENT OF THE INTERIOR, AND THE ARMY CORPS OF ENGINEERS (ACOE) OF THE DEPARTMENT OF THE ARMY THAT WILL ALLOW ACOE TO REQUEST AND RECEIVE BIDS FOR THE WORK REQUIRED TO RENOURISH JACKSONVILLE'S BEACHES IN 2011, AND TO TAKE FURTHER ACTION TO EFFECTUATE THE PURPOSE OF THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE

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19. 2010-847 AN ORDINANCE APPROVING AND ADOPTING THE GREATER ARLINGTON/BEACHES VISION PLAN TO PROVIDE GUIDANCE CONCERNING ALL DEVELOPMENT AND REDEVELOPMENT WITHIN THE GREATER ARLINGTON/BEACHES PLANNING DISTRICT (PLANNING DISTRICT 2); AUTHORIZING PLANNING AND DEVELOPMENT DEPARTMENT AUTHORITY TO INTERPRET THE GREATER ARLINGTON/BEACHES VISION PLAN; PROVIDING FOR THE GREATER ARLINGTON/BEACHES VISION PLAN TO BE MAINTAINED ON THE PLANNING AND DEVELOPMENT DEPARTMENT WEBSITE; PROVIDING AN EFFECTIVE DATE

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20. 2010-848 A RESOLUTION APPOINTING MICHELLE M. TAPPOUNI AS A MEMBER OF THE ENVIRONMENTAL PROTECTION BOARD, REPLACING LUCILLE CORTESE AS A DISCREET CITIZEN REPRESENTING THE GENERAL PUBLIC, PURSUANT TO CHAPTER 73, ORDINANCE CODE, FOR A FIRST FULL TERM ENDING SEPTEMBER 30, 2014; PROVIDING AN EFFECTIVE DATE

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21. 2010-849 A RESOLUTION REAPPOINTING BARBARA G. JAFFE AS A MEMBER OF THE JACKSONVILLE POLICE AND FIRE PENSION BOARD OF TRUSTEES, FOR A FOUR-YEAR TERM EXPIRING DECEMBER 1, 2014, 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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22. 2010-852 AN ORDINANCE AMENDING SECTION 106.107 (EMERGENCY RESERVE POLICY AND FUND), ORDINANCE CODE, TO ESTABLISH THE PURPOSE OF THE EMERGENCY RESERVE TO ADDRESS UNANTICIPATED NON-REIMBURSED EXPENDITURES ARISING OUT OF A HURRICANE, TORNADO, OTHER MAJOR WEATHER RELATED EVENTS, AND/OR OTHER MASSIVE INFRASTRUCTURE FAILURES OR OTHER DISASTERS, WHETHER MAN MADE OR CAUSED BY NATURE; TO PROVIDE THAT UNDER NORMAL CIRCUMSTANCES, THE CITY WOULD FIRST ELECT TO UTILIZE THE OPERATING RESERVE BEFORE CONSIDERING USE OF ITS EMERGENCY RESERVE; AND REQUIRING THAT ALL REIMBURSEMENTS TO THE CITY FOR FUNDS EXPENDED OUT OF THE EMERGENCY RESERVE ARE DEEMED APPROPRIATED BACK INTO THE EMERGENCY RESERVE; PROVIDING AN EFFECTIVE DATE

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23. 2010-853 AN ORDINANCE APPROPRIATING, IN ACCORDANCE WITH SECTION 932.7055, FLORIDA STATUTES, $150,500 FROM THE SPECIAL LAW ENFORCEMENT TRUST FUND IN ORDER TO PROVIDE FUNDING FOR THE POLICE ATHLETIC LEAGUE OF JACKSONVILLE, INC. ($65,000), HUBBARD HOUSE, INC. ($10,000), CHARACTER COUNTS! IN JACKSONVILLE, INC. ($7,500), METRO KIDS KONNECTION, INC. ($10,000), THE MASONIC CHARITIES OF FLORIDA, INC. ($10,000), M.A.D. D.A.D.S., JACKSONVILLE CHAPTER, INC. ($10,000), PROJECT S.O.S., INC. ($10,000), AND FIRST COAST CRIME STOPPERS, INC. ($28,000), AS INITIATED BY B.T. 11-014; PROVIDING AN EFFECTIVE DATE

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24. 2010-855 AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR OR DESIGNEE AND CORPORATION SECRETARY TO EXECUTE, AN AMENDMENT NUMBER ONE TO INTERLOCAL AGREEMENT WITH THE TOWN OF BALDWIN FOR LIFE SUPPORT AND FIRE SERVICES; PROVIDING AN EFFECTIVE DATE

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25. 2010-856 AN ORDINANCE AMENDING CHAPTER 250, ORDINANCE CODE; CONCERNING TRANSIENT MERCHANTS IN THE NON-DOWNTOWN AREA, SPECIFICALLY PROHIBITING THE LOCATION OF A VENDOR'S VENDING CART, DISPLAY DEVICE, OR ACCESSORY CONTAINER WITHIN ONE (1) MILE OF THE PROPERTY LINE OF A PERMANENT BUSINESS SELLING THE SAME TYPES OF PRODUCTS; PROVIDING AN EFFECTIVE DATE

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