TRANSPORTATION, ENERGY & UTILITIES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

February 17,2010

 

RONNIE FUSSELL, 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, February 17,2010. The meeting was called to order at 10:00 A.M. by Committee Chair Ronnie Fussell. The meeting adjourned at

 

 

Members in Attendance: Staff Attendance:

CM Ronnie Fussell, Chair Juliette Williams, Legislative Aide

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

CM Bill Bishop Steve Rohan, General Counsel

CM Kevin Hyde John Jackson, Chief of Research

CM Johnny Gaffney Excused 10:25 Lisa Rinaman, Administration

CM Warren Jones Arrived 10:04 Stephen Smith, Planning & Dev.

CM Glorious Johnson- Excused Laurie Kattreh, Planning & Dev.

 

 

 

 

 

 

 

 

 

Others in Attendance:

 

 

 

 

 

 

 

 

 

 

1. 2009-926 AN ORDINANCE REGARDING CHARGES FOR WRECKER SERVICES PERFORMED BY WRECKER FIRMS AT THE REQUEST OF THE SHERIFF; AMENDING CHAPTER 804 (JACKSONVILLE TRAFFIC CODE), PART 12 (WRECKER FACILITIES AND CHARGES) SECTION 804.1204 (TOWING, OTHER SERVICES AND STORAGE CHARGES; NOTICE BY THE SHERIFF.) TO AUTHORIZE WRECKER FIRMS TO CHARGE VEHICLE OWNERS THE ADMINISTRATIVE PER VEHICLE FLAT FEE CHARGED TO THE WRECKER FIRMS IN SECTION 804.1202(A), ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE; 1/5/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: February 16, 2010

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON FINANCE: February 16, 2010

 

Recommend to WITHDRAW.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: February 17, 2010

 

Recommend to WITHDRAW.

 

AYES - Bishop, Fussell, Graham, Hyde, ( 4 )

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2. 2010-39 AN ORDINANCE APPROVING A FAIR SHARE ASSESSMENT APPLICATION AND CONTRACT BETWEEN THE CITY OF JACKSONVILLE AND HARMONY FARMS OF JACKSONVILLE, LLC, A FLORIDA LIMITED LIABILITY COMPANY, FOR A PROJECT TO BE KNOWN AS "HARMONY FARMS" ("CONTRACT") (CCAS/CRC NO. 50205), CONSISTING OF 285,000 SQUARE FEET OF SHOPPING CENTER USES ON APPROXIMATELY 40.088 ACRES OF PROPERTY LOCATED SOUTH OF COLLINS ROAD, BETWEEN I-295 AND RAMPART ROAD, AS DESCRIBED THEREIN (COUNCIL DISTRICT 14), WITH A TERM OF TEN (10) YEARS AND A FAIR SHARE ASSESSMENT AMOUNT OF $3,021,719.00 IN FAIR SHARE FUND SECTOR 4.1, PURSUANT TO SECTIONS 163.3180(11) & 163.3180(16), FLORIDA STATUTES, AND CHAPTER 655, ORDINANCE CODE; APPROPRIATING $375,000 FROM COLLINS ROAD IMPROVEMENTS (RAMPART TO BLANDING) FOR FUNDING FOR THE EXTENSION OF PARRAMORE ROAD AS SET FORTH IN THE CONTRACT; AMENDING THE 2009-2014 FIVE YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2009-513-E TO REALLOCATE FUNDS FOR THE PROJECT ENTITLED "PARRAMORE ROAD EXTENSION"; PROVIDING FOR CITY OVERSIGHT BY THE DEPARTMENT OF PUBLIC WORKS; PROVIDING AN EFFECTIVE DATE; 1/20/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: February 17, 2010

 

Recommend to AMEND and REREFER to the Committee(s) of reference.

 

AYES - Bishop, Fussell, Graham, Hyde, ( 4 )

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3. 2010-40 AN ORDINANCE APPROVING A FAIR SHARE ASSESSMENT APPLICATION AND CONTRACT BETWEEN THE CITY OF JACKSONVILLE AND OLSEN FARMS, LLC, A FLORIDA LIMITED LIABILITY COMPANY, FOR A PROJECT TO BE KNOWN AS "OLSEN FARMS" (CCAS/CRC NO. 50206), CONSISTING OF 150,000 SQUARE FEET OF SHOPPING CENTER USES ON APPROXIMATELY 13.11 ACRES OF PROPERTY LOCATED NORTH OF COLLINS ROAD BETWEEN I-295 AND RAMPART ROAD, AS DESCRIBED THEREIN (COUNCIL DISTRICT 12), WITH A TERM OF TEN (10) YEARS AND A FAIR SHARE ASSESSMENT AMOUNT OF $1,318,756.00 IN FAIR SHARE FUND SECTOR 4.1, PURSUANT TO SECTIONS 163.3180(11) & 163.3180(16), FLORIDA STATUTES, AND CHAPTER 655, ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE; 1/20/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: February 17, 2010

 

Recommend to AMEND and REREFER to the Committee(s) of reference.

 

AYES - Bishop, Fussell, Graham, Hyde, Jones, ( 5 )

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4. 2010-66 AN ORDINANCE AMENDING CHAPTER 73 (ENVIRONMENTAL PROTECTION BOARD), SECTION 73.101 (CREATED; TERMS OF OFFICE; APPOINTMENT AND REMOVAL), ORDINANCE CODE, TO DELETE TWO DISCREET CITIZENS APPOINTMENTS TO THE ENVIRONMENTAL PROTECTION BOARD; PROVIDING AN EFFECTIVE DATE; 2/2/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: February 16, 2010

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: February 17, 2010

 

Recommend to APPROVE.

 

AYES - Bishop, Fussell, Graham, Hyde, Jones, ( 5 )

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5. 2010-67 AN ORDINANCE AMENDING CHAPTER 342 (CONSTRUCTION TRADES REGULATIONS), SECTION 342.110 (TRADES, CRAFTS, CONTRACTORS AND SUBCONTRACTORS), ORDINANCE CODE, SO AS TO CREATE A NEW CONTRACTOR CATEGORY OF LOW VOLTAGE CONTRACTOR; PROVIDING AN EFFECTIVE DATE; 2/2/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: February 17, 2010

 

Recommend to AMEND and APPROVE.

 

AYES - Bishop, Fussell, Graham, Hyde, Jones, ( 5 )

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6. 2010-68 AN ORDINANCE AMENDING CHAPTER 360, PART 7, ORDINANCE CODE, TO AMEND SECTION 360.701 (ENVIRONMENTAL PROTECTION BOARD TICKETING AUTHORITY; MINOR VIOLATIONS; PENALTIES), TO AMEND AND CLARIFY CITATION REFERENCES FOR CHAPTER 365 AND BOARD RULE 7 VIOLATIONS, AND TO AMEND SECTION 360.704 TO CLARIFY PENALTY AMOUNT ON CITATION FORM TO BE $250; AMENDING SECTION 365.100 (PURPOSE AND INTENT), ORDINANCE CODE, TO CLARIFY CITATIONS; AMENDING SECTION 365.102 (DEFINITIONS), ORDINANCE CODE TO AMEND AND CLARIFY DEFINITIONS AND DELETING TABLES OF REGULATED SUBSTANCES TO BE ESTABLISHED IN BOARD RULE 7; AMENDING SECTION 365.103 (GENERAL AUTHORITY OF THE ENVIRONMENTAL PROTECTION BOARD), ORDINANCE CODE, TO INCLUDE ADOPTION OF CHAPTER 360; AMENDING SECTION 365.104 (GENERAL AUTHORITY OF THE DEPARTMENT), ORDINANCE CODE TO CLARIFY CITATIONS; MOVING ADOPTION OF CHAPTER 360 PROVISIONS TO NEW SECTION 365.105, ORDINANCE CODE, AND RENUMBERING SECTIONS FOR VARIANCES AND APPEALS; DELETING AND MOVING SECTIONS 365.107 THROUGH 365.110 (DEALING WITH VIOLATIONS, PENALTIES AND ENFORCEMENT), ORDINANCE CODE, TO ENFORCEMENT PART 4; RENUMBERING SECTION 365.111 (WATER SUPPLY WELLS), ORDINANCE CODE, AND AMENDING TO ADOPT NEW REQUIREMENTS OF BOARD RULE 8; RENUMBERING AND AMENDING SECTION 365.112 (JEMP), ORDINANCE CODE, TO REQUIRE A COPY OF THE JEMP BE MAINTAINED ON SITE; AMENDING CHAPTER 365, PART 2 (PCBS), ORDINANCE CODE, TO CLARIFY CITATIONS; DELETING CHAPTER 365, PART 3 (HAZARDOUS WASTE CONTROL), ORDINANCE CODE); RENUMBERING AND AMENDING CHAPTER 365, PART 4 (EMERGENCY RESPONSE), ORDINANCE CODE, TO CLARIFY REGULATIONS TO BE ESTALISHED IN BOARD RULE 7; DELETING CHAPTER 365, PART 5 (HAZARDOUS REGULATED SUBSTANCES AT TRANSPORTATION FACILITIES), ORDINANCE CODE; DELETING CHAPTER 365, PART 6 (HAZARDOUS WASTE TRANSFER STATIONS), ORDINANCE CODE; CREATING NEW CHAPTER 365, PART 4 (ENFORCEMENT), ORDINANCE CODE, PROVIDING ENFORCEMENT PROCEDURES, VIOLATIONS AND CIVIL AND CRIMINAL PENALTIES; PROVIDING AN EFFECTIVE DATE; 2/2/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: February 16, 2010

 

Recommend to SUBSTITUTE and APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: February 17, 2010

 

Recommend to SUBSTITUTE and APPROVE.

 

AYES - Bishop, Fussell, Graham, Hyde, Jones, ( 5 )

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7. 2010-69 AN ORDINANCE APPROPRIATING A $13,513.51 REIMBURSEMENT GRANT FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION, TO BE MATCHED BY A $13,513.51 IN-KIND CONTRIBUTION FROM THE ENVIRONMENTAL AND COMPLIANCE DEPARTMENT CLEAN IT UP, GREEN IT UP STAFF SALARIES, TO PROVIDE FUNDING TO KEEP AMERICA BEAUTIFUL AFFILIATES FOR THE DEVELOPMENT AND IMPLEMENTATION OF LITTER PREVENTION AND EDUCATION PROGRAMS FOR THE GRANT PERIOD OCTOBER 1, 2009 TO SEPTEMBER 30, 2010, AS INITIATED BY B.T. 10-052; PROVIDING AN EFFECTIVE DATE; 2/2/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: February 16, 2010

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: February 17, 2010

 

Recommend to APPROVE.

 

AYES - Bishop, Fussell, Graham, Hyde, Jones, ( 5 )

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8. 2010-92 AN ORDINANCE APPROPRIATING $50,000 FROM THE TREE PROTECTION AND RELATED EXPENSES TRUST FUND TO COVER TEN PERCENT (10%) OF THE AMOUNT BUDGETED FOR TREE MAINTENANCE ACTIVITIES BY THE RIGHT OF WAY AND GROUNDS MAINTENANCE DIVISION OF THE DEPARTMENT OF PUBLIC WORKS PURSUANT TO SECTION 111.760, ORDINANCE CODE, AS INITIATED BY B.T. 10-065; PROVIDING AN EFFECTIVE DATE; 2/2/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: February 16, 2010

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: February 17, 2010

 

Recommend to APPROVE.

 

AYES - Bishop, Fussell, Graham, Hyde, Jones, ( 5 )

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9. 2010-93 AN ORDINANCE CONCERNING A CONTINUATION GRANT; APPROPRIATING $250,000 FROM THE HOUSING SERVICES LIMITED REPAIR PROGRAM TO THE UTILITY TAP-IN PROGRAM IN ACCORDANCE WITH THE FEDERAL ACTION PLAN SUBMITTED FOR 2009-2010, AS INITIATED BY B.T. 10-066; PROVIDING A CARRYOVER OF FUNDS TO FISCAL YEAR 2010-2011; 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 AN EFFECTIVE DATE; 2/2/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: February 16, 2010

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: February 17, 2010

 

Recommend to APPROVE.

 

AYES - Bishop, Fussell, Graham, Hyde, Jones, ( 5 )

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10. 2010-97 AN ORDINANCE DECLARING THAT CERTAIN PARCEL OF REAL PROPERTY (R.E.# 068776-0100) LOCATED ON WILLS BRANCH NEAR HYDE PARK CIRCLE, 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 SALE OF THE PROPERTY TO NIKKI JACOBSEN LEMEN AND IRENE JACOBSON HOWARD FOR THE APPRAISED VALUE OF $3,800, SUBJECT TO THE RESERVATION OF A CHANNEL IMPROVEMENT EASEMENT; PROVIDING AN EFFECTIVE DATE; 2/2/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: February 16, 2010

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON FINANCE: February 16, 2010

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: February 17, 2010

 

Recommend to AMEND and APPROVE.

 

AYES - Bishop, Fussell, Gaffney, Graham, Hyde, Jones, ( 6 )

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11. 2010-98 AN ORDINANCE REPEALING ORDINANCE 2009-454-E PERTAINING TO THE SURPLUS OF CERTAIN REAL PROPERTY; DECLARING LOT 18, A PORTION OF CERTAIN 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 SECTION 122.422 (SALE OF PROPERTY THROUGH REAL ESTATE DIVISION; INVESTIGATION OF NEED; COUNCIL ACTION), ORDINANCE CODE, TO AUTHORIZE THE SALE OF LOT 18 TO FIRST COAST MISSIONARY BAPTIST CHURCH, INC.; PROVIDING AN EFFECTIVE DATE; 2/2/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: February 16, 2010

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON FINANCE: February 16, 2010

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: February 17, 2010

 

Recommend to APPROVE.

 

AYES - Bishop, Fussell, Gaffney, Graham, Hyde, Jones, ( 6 )

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12. 2010-99 APPROVING, AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF JACKSONVILLE ('CITY") AND THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") ALLOWING FDOT TO UNDERTAKE THE MAIN STREET FROM TROUT RIVER BOULEVARD TO TROUT RIVER PROJECT; PROVIDING AN EFFECTIVE DATE; 2/2/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: February 16, 2010

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: February 17, 2010

 

Recommend to APPROVE.

 

AYES - Bishop, Fussell, Gaffney, Graham, Hyde, Jones, ( 6 )

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13. 2010-100 AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, A MAINTENANCE AGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE CITY'S MAINTENANCE OF THE KERNAN BRIDGE OVERPASS AT BEACH BOULEVARD; PROVIDING AN EFFECTIVE DATE; 2/2/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: February 16, 2010

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: February 17, 2010

 

Recommend to APPROVE.

 

AYES - Bishop, Fussell, Gaffney, Graham, Hyde, Jones, ( 6 )

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14. 2010-102 AN ORDINANCE AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE AND DELIVER THAT CERTAIN SECOND AMENDMENT TO THE SECOND LEASE EXTENSION AGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND SPHINX MANAGEMENT, INC. ("LEASE") FOR LEASE OF THE SOUTH MULCH SITE LOCATED AT 11771 PHILIPS HIGHWAY SO AS TO INCREASE THE MAXIMUM INDEBTEDNESS FOR THE LEASE BY $396,000, AND TAKE SUCH ACTION AS NECESSARY TO EFFECTUATE THE PURPOSE OF THIS ORDINANCE; PROVIDING AN EFFECTIVE DAT; 2/2/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: February 16, 2010

 

Recommend to AMEND and APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: February 17, 2010

 

Recommend to AMEND and APPROVE.

 

AYES - Bishop, Fussell, Gaffney, Graham, Hyde, Jones, ( 6 )

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15. 2010-103 AN ORDINANCE APPROPRIATING $1,000,000 FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), WITH THE CITY'S REQUIRED MATCHING FUNDS BEING MET BY EXISTING BETTER JACKSONVILLE PLAN FUNDS, TO PROVIDE FOR FDOT'S PARTICIPATION IN THE RECONSTRUCTION OF HAMMOND BOULEVARD FROM CRYSTAL SPRINGS ROAD TO RAMONA BOULEVARD, AS INITIATED BY B.T. 10-083; PROVIDING FOR A CARRYOVER OF FUNDS TO FISCAL YEAR 2010-2011; APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, A COUNTY INCENTIVE GRANT PROGRAM AGREEMENT BETWEEN THE CITY AND FDOT; AMENDING THE 2009-2014 FIVE YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2009-513-E TO PROVIDE ADDITIONAL FUNDING FOR THE PROJECT ENTITLED "CRYSTAL SPRINGS - CHAFFEE - CALHOUN - HAMMOND BLVD - CRYSTAL SPRINGS TO RAMONA"; PROVIDING AN EFFECTIVE DATE; 2/2/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: February 16, 2010

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: February 17, 2010

 

Recommend to APPROVE.

 

AYES - Bishop, Fussell, Gaffney, Graham, Hyde, Jones, ( 6 )

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16. 2010-104 AN ORDINANCE APPROVING THE SETTLEMENT OF A CLAIM AGAINST LIBERTY MUTUAL INSURANCE COMPANY, IN THE CASE OF CITY OF JACKSONVILLE V. ARCADIS U.S., INC., ET AL, CASE NO: 16-2008-CA-001744; APPROVING THE FORM OF A FINAL SETTLEMENT AGREEMENT; AUTHORIZING COUNSEL FOR THE CITY TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECT SUCH SETTLEMENT; PROVIDING AN EFFECTIVE DATE; 2/2/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: February 16, 2010

 

Recommend to AMEND and APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: February 17, 2010

 

Recommend to AMEND and APPROVE.

AYES - Bishop, Fussell, Gaffney, Graham, Hyde, Jones, ( 6 )

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2ND READINGS

 

 

17. 2010-125 AN ORDINANCE APPROPRIATING $96,958 FROM THE TREE PROTECTION AND RELATED EXPENSES TRUST FUND FOR LANDSCAPE IMPROVEMENTS ALONG AVENUE B BETWEEN THE RAILROAD TRACKS AND MONCRIEF ROAD, MONCRIEF ROAD BETWEEN US1 AND AVENUE B AND 45TH STREET BETWEEN US1 AND AVENUE B; PROVIDING FOR PROCUREMENT DIRECTIVE; PROVIDING FOR CITY OVERSIGHT BY THE DEPARTMENT OF PUBLIC WORKS; PROVIDING AN EFFECTIVE DATE

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