OFFICE OF CITY COUNCIL

RESEARCH DIVISION

 

RULES COMMITTEE MINUTES

November 15, 2010

10:00 a.m.

 

Council Chamber

First Floor, City Hall

117 West Duval Street

 

 

 

Attendance: Committee Chair Denise Lee; Committee Members Stephen Joost (excused), William Bishop, Richard Clark (excused 11:20 a.m.), John Crescimbeni, Art Shad, and Clay Yarborough; Council Members Glorious Johnson, Don Redman, and Michael Corrigan; Sean Costigan, Office of Council Auditor; Steve Rohan and Peggy Sidman, Office of General Counsel; Juliette Williams and Rick Campbell, Office of City Council; Lisa Rinaman, Office of the Mayor

 

The Committee Chair, Denise Lee, called the meeting to order at 10:10 a.m., and the committee took the following actions:

 

1. 2010-360

RESO Making Findings Pursuant to Sec 409.147, F.S.; Designate New Town Neighborhood in 32209 as Jax Children's Initiative. (Sidman) (Introduced by C/M Jones)

 

1. 5/11/2010 CO Introduced: R,PHS

 

5/17/2010 PHS Read 2nd & Rerefer; 5/17/2010 R Read 2nd & Rerefer

 

2. 5/25/2010 CO Read 2nd & Rereferred; R, PHS

 

 

 

BILL SUMMARY

 

DEFER

 

2. 2010-679

ORD-MC Amend Sec 126.111(b) (Certification of Pymt by Contractor), Ord Code, to Correct the Dept Name; Amend Sec 126.111(c) (Pymt of City Contracts) to Require Joint Pymt of Contractors & Subcontractors when Provisions of Sec 18.11 of City Charter are Waived. (Rohan) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 9/14/10

 

1. 8/24/2010 CO Introduced: R,F

 

9/7/2010 R Read 2nd & Rerefer

 

9/8/2010 F Read 2nd & Rerefer

 

2. 9/14/2010 CO PH Read 2nd & Rereferred; R, F

 

 

BILL SUMMARY

 

APPROVE 6 - 0

 


 

3. 2010-695

ORD-MC Amend Secs 655.304 (Fair Share Assessmt Administrative Procedures; Admin Approval Process for Fair Share Assessmt Contracts with Assessmts Less than $100,000), Ord Code, 655.305 (Public Notice & Hearing Requiremts for Council Approval of Fair Share Assessmt Contracts with Assessmts of $100,000 or More, or with Terms Longer than 5 Yrs) & Creating New Sec 655.308 (Alternative Formula Fair Share Assessmt Contracts) to set an Alternative Formula for Fair Share Assessmt Contracts; Providing Eligibility Criteria for use of Alternative Formula. (Reingold) (Introduced by C/M Davis)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 9/14/10

 

1. 8/24/2010 CO Introduced: R,TEU,F

 

9/7/2010 R Read 2nd & Rerefer; 9/7/2010 TEU Read 2nd & Rerefer

 

9/8/2010 F Read 2nd & Rerefer

 

2. 9/14/2010 CO PH Read 2nd & Rereferred; R, TEU, F

 

 

BILL SUMMARY

 

DEFER

 

4. 2010-766

ORD-MC Creating new Sec 634.102(f), Ord Code, to Estab a $40 Court Cost on Felonies, Misdemeanors & Criminal Traffic Infractions to fund Elements of State Court Syst, Provide Progs thru Jax Area Legal Aid, Inc for Education, Mediation & Defense of Foreclosure Actions for Disadvantaged; Sunset on 12/31/14; Amend Sec 111.385 (Court Cost $65 Trust Fund per Sec 939.185 F.S.) to Conform Same to Statutory Changes; Create New Sec 111.386 (Court Cost $40 Trust Fund per Sec 939.185(1)(b) F.S.) to Receive Authorized Court Costs. (Rohan) (Introduced by C/M Hyde)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/12/10

 

1. 9/28/2010 CO Introduced: F,PHS,R

 

10/4/2010 R Read 2nd & Rerefer

 

10/5/2010 PHS Read 2nd & Rerefer; 10/5/2010 F Read 2nd & Rerefer

 

2. 10/12/2010 CO PH Read 2nd & Rereferred; F, PHS, R

 

 

DEFER

 

5. 2010-786

RESO Conf Appt of Hastings Williams as Chief of Fire Prevention Div of Jax Fire & Rescue Dept. (McCain) (Req of Mayor)

 

1. 10/12/2010 CO Introduced: R

 

10/18/2010 R Read 2nd & Rerefer

 

2. 10/26/2010 CO Read 2nd & Rereferred; R

 

 

APPROVE 6-0

 

6. 2010-787

RESO Reappt John F Gaillard as Member of Health Planning Council of Northeast Florida, Inc as a "Consumer" for 2-Yr Term exp 9/30/12. (Welsh) (Introduced by C/P Webb)

 

1. 10/12/2010 CO Introduced: R

 

10/18/2010 R Read 2nd & Rerefer

 

2. 10/26/2010 CO Read 2nd & Rereferred; R

 

 

Due to illness, appointee could not be present to address attendance concerns.

 

DEFER

 


 

7. 2010-795

ORD Auth Joint Use Agreemt with Twin Hills Civic Assn, Inc; Designate Oversight by Rec & Community Svcs Dept. (Sidman) (Introduced by C/M Reggie Brown)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/26/10

 

1. 10/12/2010 CO Introduced: R,RCD,F

 

10/18/2010 RCD Read 2nd & Rerefer; 10/18/2010 R Read 2nd & Rerefer

 

10/19/2010 F Read 2nd & Rerefer

 

2. 10/26/2010 CO PH Read 2nd & Rereferred; R, RCD, F

 

 

BILL SUMMARY

 

Concerns included the expenditure of City funds on property not owned by the City. Additional questions involved whether there are other City expenditures apart from the agreement, provisions for liability insurance, and whether the property is tax exempt.

 

DEFER

 

8. 2010-809

RESO Appt Terry R Wood as Member of Jax Retiremt System Bd of Trustees, Replacing Rick Coram as a Citizen Trustee for 1st Term exp 10/22/13. (Welsh) (Introduced by C/M Webb)

 

1. 10/26/2010 CO Introduced: R

 

11/1/2010 R Read 2nd & Rerefer

 

2. 11/9/2010 CO Read 2nd & Rereferred; R

 

 

APPROVE 6 - 0

 

9. 2010-812

RESO re Council's Support for Local Bill J-2 that Amends Article 22 (Jax Police & Fire Pension Bd of Trustees), City Charter, to Increase Bd's Authorization to Invest in Fixed Real Estate Assets from 10% to 25%. (Rohan) (R)

 

1. 10/26/2010 CO Introduced: R

 

11/1/2010 R Read 2nd & Rerefer

 

2. 11/9/2010 CO Read 2nd & Rereferred; R

 

 

BILL SUMMARY

 

The committee was advised the current real estate investment authorization is actually 20%, rather than 10%, but that updates have not been codified.

 

Amendment clarifies that the authorization limit would be in accordance with Florida Statutes, which is currently 25%, and corrects references to current percentage authorization.

 

AMEND/APPROVE 5 - 0

 

10. 2010-813

RESO re Council's Support for Local Bill J-3 that Amends Chapt 87-471, Laws of Fla, to Estab a Spec "Urban Transition Area" in Riverside; Providing Exceptions for Space & Seating Requiremts for Liquor Licenses for Restaurants. (Introduced by C/M Joost, Sponsored by C/M Jones)

 

1. 10/26/2010 CO Introduced: R

 

11/1/2010 R Read 2nd & Rerefer

 

2. 11/9/2010 CO Read 2nd & Rereferred; R

 

 

BILL SUMMARY

 

APPROVE 4 1 (Yarborough)

 


 

11. 2010-814

RESO re Council's Support for Local Bill J-4 that Amends Article 1 (Govt) of City Charter to Estab a new Chapt 3 (Transparency in Govt) Setting Policy, Addressing Votes Required to Waive Ord Code, Require Written Contracts before Recommendation or Passage by Council; Setting Types of Contracts that must have Council Apv, Require Addnl PH's for Certain Matters before Council, Limit Manner to Amend Legislation & Require Recordation of Votes at Council Mtg. (Rohan) (Introduced by C/M Johnson)

 

1. 10/26/2010 CO Introduced: R, F ( Added to F 11-9-10)

 

11/1/2010 R Read 2nd & Rerefer

 

2. 11/9/2010 CO Read 2nd & Rereferred; R, F

 

 

BILL SUMMARY

 

Mrs. Rinaman explained that these changes would add time to the process. It was noted that the legislation is not time sensitive, and deferral was requested to obtain additional information and allow for individual meetings.

 

DEFER

 

12. 2010-815

RESO re Council's Support for Local Bill J-5 that Amends Article 6 (The Mayor), City Charter, to Amend Manner of Mayor's Veto Power; Making Scrivener's Changes, Providing for 2/3 Majority of C/M's Present to Override Veto & Provide only 5 Business Days for Mayor to Veto Legislation. (Req of Charter Revision Comm Recommendations Spec Comm)

 

1. 10/26/2010 CO Introduced: R

 

11/1/2010 R Read 2nd & Rerefer

 

2. 11/9/2010 CO Read 2nd & Rereferred; R

 

 

BILL SUMMARY

 

APPROVE 5 - 0

 

13. 2010-816

RESO re Council's Support for Local Bill J-6 that Amends Article 1 (Govt), City Charter, to add New Chapt 2 (Ethics) to Estab Ethics Policy, Provide an Ethics Code, Ethics Comm & an Ethics Oversight & Compliance Ofc, Provide Admin Support & Move Ethics Education Provision of Charter from Sec 18.10 to Sec 1.205. (Rohan) (Introduced by C/Ms Johnson & Crescimbeni and Amended by the Rules Committee)

 

1. 10/26/2010 CO Introduced: R

 

11/1/2010 R Amend/Read 2nd & Rerefer 6-0

 

2. 11/9/2010 CO AMENDED/Read 2nd & Rereferred; R

 

 

BILL SUMMARY

 

APPROVE 5 - 0

 

14. 2010-818

RESO Appt H. James Newman as Member of Duval County Research & Dev Auth, Replacing Don Lester, for 1st Term exp 10/17/14. (Welsh) (Introduced by C/P Webb)

 

1. 10/26/2010 CO Introduced: R

 

11/1/2010 R Read 2nd & Rerefer

 

 

WITHDRAW 6 - 0

 

15. 2010-819

RESO Reappt Dr Barbara Ann Darby as Member of Health Planning Council of Northeast Fla, Inc as a Consumer Rep for 3rd Term exp 9/30/12. (Welsh) (Introduced by C/P Webb)

 

1. 10/26/2010 CO Introduced: R

 

11/1/2010 R Read 2nd & Rerefer

 

2. 11/9/2010 CO Read 2nd & Rereferred; R

 

 

Appointee will be requested to be present at the next meeting to address attendance concerns.

 

DEFER

 

16. 2010-820

RESO Appt Dr Jose Zayas as Member of Health Planning Council of Northeast Fla, Inc, Replacing Dr George Armstrong as a Provider for 2-Yr Term exp 9/30/12. (Welsh) (Introduced by C/P Webb)

 

1. 10/26/2010 CO Introduced: R

 

11/1/2010 R Read 2nd & Rerefer

 

2. 11/9/2010 CO Read 2nd & Rereferred; R

 

 

APPROVE 6 - 0

 

17. 2010-821

RESO Conf Reappt of Mark S Wood, a Non-Resident, to Library Bd of Trustees as an At-Large Rep for 2nd Full Term exp 7/15/14. (Sidman) (Req of Mayor)

 

1. 10/26/2010 CO Introduced: R

 

11/1/2010 R Read 2nd & Rerefer

 

2. 11/9/2010 CO Read 2nd & Rereferred; R

 

 

APPROVE 6 - 0

 

18. 2010-828

RESO Requesting U.S. Post Ofc Maintain Level of Svc at Cecil Commerce Ctr; Direct Forward of Copies to U.S. Postmaster & to the Fla Congressional Delegation to request Support. (Sidman) (Introduced by C/M Fussell)

 

1. 10/26/2010 CO Introduced: R,RCD

 

11/1/2010 RCD Read 2nd & Rerefer; 11/1/2010 R Read 2nd & Rerefer

 

2. 11/9/2010 CO Read 2nd & Rereferred; R, RCD

 

 

BILL SUMMARY

 

APPROVE 5 - 0 - 1 (Bishop)

 

19. 2010-829

RESO Conf Appt of Theodore J Wendler as Member of Taxation, Rev & Utilization of Expenditures Comm, Replacing Randall Deen for 1st Term exp 6/30/13. (Welsh) (Introduced by C/P Webb)

 

1. 10/26/2010 CO Introduced: R

 

11/1/2010 R Read 2nd & Rerefer

 

 

APPROVE 6 - 0

 

20. 2010-831

RESO Conf Appt (Retroactive) of Janice Sendler Plucknett as Chief of Personnel Div in JSO. (Sidman) (Req of Sheriff)

 

1. 10/26/2010 CO Introduced: R

 

11/1/2010 R Read 2nd & Rerefer

 

2. 11/9/2010 CO Read 2nd & Rereferred; R

 

 

APPROVE 6 - 0

 

21. 2010-832

RESO Conf Appt (Retroactive) of Jimmy Augustus Holderfield as Dir of Corrections in JSO. (Sidman) (Req of Sheriff)

 

1. 10/26/2010 CO Introduced: R

 

11/1/2010 R Read 2nd & Rerefer

 

2. 11/9/2010 CO Read 2nd & Rereferred; R

 

 

DEFER

 


 

22. 2010-836

ORD-MC Creating New Chapt 685 (Sexual Offender & Sexual Predator Regulation), Ord Code; Renumber Secs 674.501, 674.502 & 674.503 to be Secs 685.101, 685.102 & 685.103; Create New Sec 685.104 (Prohibited Holiday Activity for Sexual Offenders; Exceptions) to Regulate Dress & Conduct of Sexual Offenders & Sexual Predators around Children During Holidays; Prohibit their Participation in Holiday Activities that would Present Increased Opportunities to Gain & Violate Trust of Children; Provide for Residential Signage & other Responsibilities for Sexual Offenders & Predators during Halloween; Providing Penalties. (Rohan) (Introduced by C/M Redman)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 11/9/10

 

1. 10/26/2010 CO Introduced: R,F,PHS

 

11/1/2010 R Read 2nd & Rerefer

 

11/2/2010 PHS Read 2nd & Rerefer; 11/2/2010 F Read 2nd & Rerefer

 

2. 11/9/2010 CO PH Read 2nd & Rereferred; R, F, PHS

 

 

BILL SUMMARY

 

Deferral requested to obtain input from the Office of the Sheriff and to request a legal opinion on constitutionality.

 

DEFER

 

23. 2010-838

ORD Approp $36,153.44 from Fla Dept of Health to Reimburse City for Deploying Resources & Employees to Assist in State of Fla's Response to the H1N1 Flu Incident. (BT 11-013) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 11/23/10

 

1. 11/9/2010 CO Introduced: R,F,PHS

 

 

BILL SUMMARY

 

READ 2ND & REREFER

 

24. 2010-840

ORD Amend Ord 2010-559-E to Revise Increase in Authorized Principal Amt of Banking Fund Bonds from $64,761,909 to $141,261,909; Replacing Revised Proj Attached to Ord 2010-559-E; Request Emerg Apv. (Germany) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 11/23/10

 

1. 11/9/2010 CO Introduced: R,F

 

 

BILL SUMMARY

 

Emergency action requested to correct a problem and to allow the City to take advantage of potential future favorable opportunities and savings with upcoming sale. Mr. Mickey Miller, Director of Finance, was asked to notify the committee after the sale concerning the savings.

 

Amendment attaches a revised exhibit.

 

EMERGENCY/AMEND/APPROVE 4 2 (Bishop & Yarborough)

 

25. 2010-841

ORD Auth a 1st Amend to Agreemt with Learn to Read, Inc to extend Duration of Agreemt 1 Yr & Auth Library Director to Extend Agreemt an Addnl Yr. (Reingold) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 11/23/10

 

1. 11/9/2010 CO Introduced: R,RCD,F

 

 

BILL SUMMARY

 

READ 2ND & REREFER

 


 

26. 2010-845

ORD Auth a Memo of Agreemt with the Dept of Interior's Minerals Mgmt Svc & the Army Corps of Engineers (ACOE) to allow ACOE to bid out work to Renourish Jacksonville's Beaches in 2011. (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 11/23/10

 

1. 11/9/2010 CO Introduced: R,TEU,F

 

 

BILL SUMMARY

 

READ 2ND & REREFER

 

27. 2010-847

ORD Apv Greater Arlington/Beaches Vision Plan to provide Guidance re all Dev & Redev within Planning Dist 2; Auth Planning & Dev Dept Authority to Interpret the Plan & is to Maintain Plan on Dept's Website. (Reingold) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 11/23/10

 

1. 11/9/2010 CO Introduced: R,RCD,LUZ

 

 

BILL SUMMARY

 

READ 2ND & REREFER

 

28. 2010-848

RESO Appt Michelle M Tappouni as Member of Environmental Protection Bd, Replacing Lucille Cortese as a Discreet Citizen as Gen Public Rep for 1st Full Term exp 9/30/14. (Welsh) (Introduced by C/P Webb)

 

1. 11/9/2010 CO Introduced: R

 

 

READ 2ND & REREFER

 

29. 2010-849

RESO Reappt Barbara G Jaffe as Member of Jax Police & Fire Pension Bd of Trustees for a 4-Yr Term exp 12/1/14. (Welsh) (Introduced by C/P Webb)

 

1. 11/9/2010 CO Introduced: R

 

 

READ 2ND & REREFER

 

30. 2010-852

ORD Amend Sec 106.107 (Emerg Rsv Policy & Fund), Ord Code, to Estab Purpose of Emerg Rsv to address Unanticipated Non-Reimbursed Expenditures due to Major Weather Related Events &/or other Massive Infrastructure Failures or other Disasters; Provide that under Normal Circumstances, City to Utilize the Operating Rsv before use of Emerg Rsv; Require Reimbursemts to City for funds Expended from Emerg Rsv are deemed Approp back into Emerg Rsv. (Rohan) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 11/23/10

 

1. 11/9/2010 CO Introduced: R,F,PHS

 

 

BILL SUMMARY

 

READ 2ND & REREFER

 

31. 2010-853

ORD Approp $150,500 from Spec Law Enforcemt Trust Fund to 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) & First Coast Crime Stoppers, Inc ($28,000). (BT 11-014) (McCain) (Req of Sheriff)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 11/23/10

 

1. 11/9/2010 CO Introduced: R,F,PHS

 

 

BILL SUMMARY

 

READ 2ND & REREFER

 


 

32. 2010-855

ORD Auth Amend #1 to Interlocal Agreemt with Town of Baldwin for Life Support & Fire Svcs. (McArthur) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 11/23/10

 

1. 11/9/2010 CO Introduced: R,RCD,F,PHS

 

 

BILL SUMMARY

 

READ 2ND & REREFER

 

33. 2010-856

ORD Amend Chapt 250, Ord Code, Prohibiting Location of a Vendor's Vending Cart, Display Device, or Accessory Container within 1 mile of Propty Line of a Permanent Business selling Same Types of Products. (Sidman) (Introduced by C/P Webb)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 11/23/10

 

1. 11/9/2010 CO Introduced: R,RCD

 

 

BILL SUMMARY

 

READ 2ND & REREFER

 

34. 2010-858

RESO Appt Robert M Rhodes as Member of Northeast Fla Regional Transportation Study Comm, Pursuant to Chapt 2010-212, Laws of Fla. (Welsh) (Introduced by C/P Webb)

 

1. 11/9/2010 CO Introduced: R

 

 

It was explained that emergency action is being requested to allow for appointment prior to initial meeting of the commission. As the appointee was not present, various committee members stated they could not support the action. It was noted that the appointee had been notified this morning to be present at the meeting.

 

DEFER (per Legislative Services)

 

35. 2010-859

RESO Appt Peter G Kelley, II as Member of Northeast Fla Regional Transportation Study Comm, Pursuant to Chapt 2010-212, Laws of Fla. (Welsh) (Introduced by C/P Webb)

 

1. 11/9/2010 CO Introduced: R

 

 

It was explained that emergency action is being requested to allow for appointment prior to initial meeting of the commission. As the appointee was not present, various committee members stated they could not support the action. It was noted that the appointee had been notified this morning to be present at the meeting.

 

DEFER (per Legislative Services)

 

36. 2010-860

RESO Appt Sam E Mousa as Member of Northeast Fla Regional Transportation Study Comm, Pursuant to Chapt 2010-212, Laws of Fla. (Welsh) (Introduced by C/P Webb)

 

1. 11/9/2010 CO Introduced: R

 

It was explained that emergency action is being requested to allow for appointment prior to initial meeting of the commission.

 

EMERGENCY/APPROVE 6 - 0

 

Mr. Curtis Lee expressed opposition to the reappointment of Barbara Jaffe as a member of the Jacksonville Police and Fire Pension Board of Trustees, citing her long tenure, the financial status of the fund, and certain actions she has supported.

 

Mr. Dan Kleman, Director of Fire and Rescue, addressed the committee concerning the Fire Museum Advisory Board. He indicated that potential appointees are being identified, and that the person employed to take the position of museum manager was in an accident and not able to continue employment. Plans are to use the existing short list of candidates to fill the position. Mr. Wayne Doolittle and Mr. Randy Wyse (President, Jacksonville Association of Firefighters) commented on the lack of appointments to the board and the hiring process. Mr. Wyse expressed his understanding that an administrator would not be hired until after the board is appointed. Mrs. Rinaman offered to meet with committee members to discuss concerns.

 

The meeting was adjourned at 12:02 p.m.

 

Rick Campbell, Research Assistant

(904) 630-1679

 

Posted 11.16.10

1:30 p.m.