OFFICE OF THE CITY COUNCIL
CHERYL L. BROWN 117 WEST DUVAL STREET,
DIRECTOR 4TH FLOOR, CITY
HALL
OFFICE (904) 630-1452
FAX (904) 630-2906
E-MAIL: CLBROWN@coj.net
Rules Committee Meeting Minutes
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Monday October 3,
2011 |
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10:00 A.M. |
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Council Chambers 1st
Floor, City Hall |
Dana Farris, Chief
of Legislative Services |
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William Bishop,
Chair |
Legislative
Assistant: Philip Zamarron |
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John Crescimbeni,
Vice Chair |
Attorney: Peggy Sidman |
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Lori Boyer |
Research Asst: Jeff Clements |
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Johnny Gaffney |
Auditor: Sean Costigan &
Janice Billy |
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Ray Holt |
Administration: Jessica Deal |
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Matt Schellenberg |
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Clay Yarborough |
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Meeting Convened 10:03 A.M. Meeting
Adjourned 12:30 P.M.
Attendance:
C/M E. Denise Lee
(arr. 10:09, dep. 11:23)
C/M Greg Anderson
(arr. 11:26)
Jason Gabriel, Asst
Gen Counsel (2011-617)
Nancy Kilgo, JEA
(2011-592)
Renee Barlow, JEA
(2011-592)
Bob Williams, Chief,
Real Estate (2011-596)
Andrew Harold
(2011-530)
Brenda Murray
(2011-531)
Brian Register
(2011-533)
Peter Lafser
(2011-575)
Greg Kupperman
(2011-598)
Lee Baggs (2011-599)
Cyrus Jollivette
(2011-603)
Michael Rutledge
(2011-605)
John Otterson
(2011-609)
Patti Annania
(2011-647)
James Kelly
(2011-649)
Mia Jones, Mayor’s
Ofc
Daphne Colbert,
Mayor’s Ofc
Curtis Hart
(2011-617)
Michael Herzberg
(2011-617)
David Chapman, Daily
Record
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Item/File No. |
Title/History |
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1. 2011-89 |
ORD
Approp $30,000 from Spec Council Operating Contingency Fund for City's 2012
Martin Luther King, Jr Parade; Auth Funds Carryover; Designate Oversight by
Rec & Community Svcs Dept; Provide Spending Limitations. (Rohan)
(Introduced by C/M R. Brown) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 2/22/11 |
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1.
2/8/2011 CO Introduced: R,RCD,F |
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2/14/2011 RCDPHS Read 2nd &
Rerefer; 2/14/2011 R Read 2nd &
Rerefer |
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2/17/2011 F Read 2nd & Rerefer |
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2.
2/22/2011 CO PH Read 2nd & Rereferred; R, RCD, F |
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Bill Summary DEFER |
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2. 2011-300 |
ORD-MC
Dissolving Division & Transferring Positions & $1,924,007.68 from the
Equal Business Opportunity & Compliance (EBO) Acct to the Ofc of Director
of Central Operations Dept; Renaming it the Jacksonville Business Assistance
Ofc; Auth Positions; Amend Chapt 23 (Central Operations Dept), Ord Code, to
Reflect said Changes. (BT 11-085) (RC 11-178) (Sidman) (McCain) (Req of
Mayor) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 5/24/11 |
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1.
5/10/2011 CO Introduced: R,F |
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5/16/2011 R Read 2nd & Rerefer 5/17/2011 F Read 2nd & Rerefer |
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2.
5/24/2011 CO PH Read 2nd & Rereferred; R, F |
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Bill Summary Fact Sheet DEFER |
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3. 2011-388 |
ORD-MC
Amend Sec 55.306 (Admin of Progs), Ord Code, to Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 6/28/11 |
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1.
6/14/2011 CO Introduced: R,F,RCD |
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6/20/2011 RCDPHS Read 2nd &
Rerefer; 6/20/2011 R Read 2nd &
Rerefer |
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6/21/2011 F Read 2nd & Rerefer |
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2.
6/28/2011 CO PH Read 2nd & Rereferred; R, F, RCD |
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Bill Summary DEFER |
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4. 2011-440 |
RESO
Recognizing (1) Importance of Council Rules, (2) Obligation of Council Member
Attendance at Council & Committee Mtgs, (3) Harm to Public & Honor of
Council when Members leave Committee Mtgs without Approval; (4) with Regret a
Rules Comm Mtg of 6/20/11 where 4 Members Left without Notice or Permission
of the Chair; Censuring the 4 Council Members who left the 6/20/11 Meeting
without Notice or Permission. (Rohan) (Introduced by Council Rules Chair Lee)
(Sponsored by C/M Johnson) |
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1.
6/28/2011 CO Introduced: R |
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7/18/2011 R Read 2nd & Rerefer |
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2.
7/26/2011 CO Read 2nd & Rereferred; R |
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Bill Summary DEFER |
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5. 2011-441 |
ORD
Making Findings re Importance of Council Mtg Attendance; Recognizing Existing
Council Rules 2.202 (Attendance; Voting) & 4.501 (Absence from Meetings);
Amend Part 5 (Decorum) of Chapt 4 (Procedures), Creating New Rule 4.506
(Penalties) to Authorize Removal from Council Committees & Censure.
(Rohan) (Introduced by Council Rules Chair Lee) (Sponsored by C/M Johnson) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 7/26/11 |
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1.
6/28/2011 CO Introduced: R |
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7/18/2011 R Read 2nd & Rerefer |
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2.
7/26/2011 CO PH Read 2nd & Rereferred; R |
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Bill Summary DEFER |
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6. 2011-488 |
ORD
Repealing Ord 2010-766-E, which Amended Secs 634.102 (Assessmt of Court Cost
by Circuit & County Courts), Ord Code & Sec 111.385 (Court Cost $65
Trust Fund per Sec 939.185, F.S.) & Created Sec 111.386 (Court Cost $50
Trust Fund per Sec 939.185(1)(b), F.S.). (Rohan) (Introduced by CM Clark) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 8/9/11 |
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1.
7/26/2011 CO Introduced: R,F,RCDPHS |
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8/1/2011 R Read 2nd & Rerefer |
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8/2/2011 RCDPHS Read 2nd &
Rerefer; 8/2/2011 F Read 2nd &
Rerefer |
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2.
8/9/2011 CO PH Read 2nd & Rereferred; R, F, RCDPHS |
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Bill Summary DEFER The
Chairman asked that Council Member Clark be invited to be present for
consideration of this item at the next meeting. |
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7. 2011-521 |
ORD
Declaring Surplus 130 Ash Remediated Parcels, "Proj New Ground";
Auth Disposal; Waive Sec 122.429 (Uses of Proceeds from Surplus Land Sales),
Ord Code, to Deposit New Proceeds into the Contamination Assessmt Fund to
Offset Costs of the Remediation Efforts. (McCain) (Req of Mayor) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 8/23/11 |
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1.
8/9/2011 CO Introduced: R,TEU,F |
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8/15/2011 TEU Read 2nd &
Rerefer; 8/15/2011 R Read 2nd &
Rerefer |
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8/16/2011 F Read 2nd & Rerefer |
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2.
8/23/2011 CO PH Read 2nd & Rereferred; R, TEU, F |
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Bill Summary Fact Sheet AMEND/APPROVE 7-0 (Parcels apvd
by EPA before disposal, & Dept of Environmental & Compliance to
maintain remediation documentation) |
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8. 2011-530 |
RESO
Appt Andrew E Harold, Jr as Member of Jax Small & Emerging Business
Monitoring Comm, Replacing Corey Deal as a Non-JSEB Contractor, for 1st Full
Term exp 4/30/13. (Welsh) (Introduced by C/P Joost) |
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1.
8/9/2011 CO Introduced: R |
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8/15/2011 R Read 2nd & Rerefer |
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2.
8/23/2011 CO Read 2nd & Rereferred; R |
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Bill Summary APPROVE 7-0 |
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9. 2011-531 |
RESO
Appt Brenda Pugh Murray as Member of Enterprise Zone Dev Agcy Bd, Replacing
Elizabeth G Means, for Unexp Term exp 12/31/11, & a 1st Full Term exp
12/31/15. (Welsh) (Introduced by C/P Joost) |
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1.
8/9/2011 CO Introduced: R |
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8/15/2011 R Read 2nd & Rerefer |
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2.
8/23/2011 CO Read 2nd & Rereferred; R |
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Bill Summary APPROVE 7-0 |
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10. 2011-533 |
RESO
Reappt Brian J Register as Member of Bldg Codes Adjustmt Bd for 2nd Term exp
9/30/14. (Welsh) (Introduced by C/P Joost) |
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1.
8/9/2011 CO Introduced: R |
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8/15/2011 R Read 2nd & Rerefer |
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2.
8/23/2011 CO Read 2nd & Rereferred; R |
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Bill Summary APPROVE 7-0 |
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11. 2011-554 |
ORD
to Adopt & Enact Reapportionmt Plan re Jax City Council Dists &
Residence Areas & Designating the Duval County School Bd Dists following
the 2010 Census of the City as Required by Secs 5.02 (Reapportionmt of
Council Districts and Residence Areas) & 13.03 (Apportionmt of School Bd
Dists), City Charter; Amend Charter to Attach New Boundary Descriptions &
Designate the 7 School Bd Dists. (Sidman) (Reapportionment Comm) Rules
PH – 9/29/11 Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 9/13/11 |
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1.
8/23/2011 CO Introduced: R |
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9/6/2011 R Read 2nd & Rerefer |
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2.
9/13/2011 CO PH Read 2nd & Rereferred; R |
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9/22/2011 R Amend/Approve 5-1
(Schellenberg) (Spec Redist Mtg) |
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3.
9/27/2011 CO AMEND/Rerefer; R |
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Bill Summary DEFER Chairman
Bishop announced that a special Rules Committee meeting is scheduled for
Thursday, October 6 at 2:00 p.m. in the City Council Chamber to discuss this
bill and adopt a plan for Council action.
He requested that council members with proposed amendments to the
pending plan please have maps prepared for distribution at the meeting to
facilitate the discussion. |
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12. 2011-568 |
RESO
of Council Support for Local Bill J-1, to Amend Chapter 2004-465 which
Established JPA, as Part of Related Laws of City Charter; Amend Charter to
Amend the Commencemt & Termination Dates of Terms of JPA Bd Members.
(Rohan) (Rules) |
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1.
8/23/2011 CO Introduced: R |
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9/6/2011 R Read 2nd & Rerefer |
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2.
9/13/2011 CO Read 2nd & Rereferred; R |
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Bill Summary DEFER |
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13. 2011-573 |
RESO
Appt Mark A Gelfo as Member of Bldg Codes Adjustmt Bd, Replacing Joseph
Frisco, for 1st Term exp 9/30/13. (Welsh) (Introduced by C/P Joost) |
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1.
8/23/2011 CO Introduced: R |
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9/6/2011 R Read 2nd & Rerefer |
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2.
9/13/2011 CO Read 2nd & Rereferred; R |
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Bill Summary WITHDRAW 7-0 |
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14. 2011-575 |
RESO
Appt Peter L. Lafser as Member of Jax Health Facilities Auth, Replacing
Charles E. Mapson for Unexp Term exp 12/15/14; Req Emerg Apv. (Welsh) (Introduced by C/P Joost) |
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1.
8/23/2011 CO Introduced: R |
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9/6/2011 R Read 2nd & Rerefer |
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2.
9/13/2011 CO Read 2nd & Rereferred; R |
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9/19/2011 R Read 2nd & Rerefer |
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Bill Summary AMEND/APPROVE 7-0 (Remove emerg
language) |
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15. 2011-576 |
ORD-MC
Amend Chapt 10 (Organization of the Council), Sec 10.104 (Ofc Expenses of
Council Members), Ord Code, to Auth Council Members to Utilize City
Communications & Computer Networks while in City Hall to Maintain
Connections with their Private Business Interests so long as no Special Cost
Incurred by City. (Sidman) (Introduced by CP Joost) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 9/27/11 |
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1.
9/13/2011 CO Introduced: R |
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9/19/2011 R Read 2nd & Rerefer |
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2.
9/27/2011 CO PH Read 2nd & Rereferred; R |
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Bill Summary AMEND/APPROVE 6-1 (Yarborough)
(Correct MC reference from 602.302 to 601.101; change “special” cost to
“additional” cost) The
committee discussed the definition of “special cost” . |
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16. 2011-592 |
ORD
re Underground Utility Installation Pursuant to Part 3 (Underground Power
& Communications Prog Area), Chapt 714 (Neighborhood Assessmt Progs), Ord
Code; Estab 1800 Block Seminole Rd Neighborhood Assessmt Prog to Convert
Electric, Telephone, Cable & Communication Lines from Overhead to
Underground with Estimate of $9,703.30 per Propty; Auth & Req JEA to
Convert & Fund the Conversion; Waive Sec 714.107 (Levy of Assessmts), to
allow use of Uniform Method for Collecting Non-Ad Valorem Spec Assessmts to
Defray Conversion Costs as Auth by Sec 197.3632, F.S. (Reingold) (Introduced
by Council President, Pursuant to Sec 714.304, Ord Code) Public
Hearing Pursuant to Sec 197.3632, F.S. & Chapt 166, F.S. & CR 3.601 -
10/11/11 |
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1.
9/13/2011 CO Introduced: R,TEU,F |
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9/19/2011 TEU Read 2nd &
Rerefer; 9/19/2011 R Read 2nd &
Rerefer |
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9/20/2011 F Read 2nd & Rerefer |
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2.
9/27/2011 CO Read 2nd & Rereferred; R, TEU, F |
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Bill Summary APPROVE 7-0 |
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17. 2011-596 |
ORD
Declaring Surplus RE#'s 037934-0000, 083647-0000 & 041743-0000, Tax
Reverted Propty's in Osceola Forest, Biltmore & Moncrief Terrace
Neighborhoods; Auth Agreemt for Donation & Quit Claim Deed Conveying
Title to War on Poverty-Florida, Inc for use in its Urban Agricultural Prog;
Waive Provisions of Sec 122.423 (Appraisal at or Below $25,000), Ord Code, to
allow Conveyance at No Cost. (Dist 10-Brown) (McCain) (Req of Mayor) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 9/27/11 |
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1.
9/13/2011 CO Introduced: R,TEU,F |
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9/19/2011 TEU Read 2nd & Rerefer; 9/19/2011 R Read 2nd & Rerefer |
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9/20/2011 F Read 2nd & Rerefer |
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2.
9/27/2011 CO PH Read 2nd & Rereferred; R, TEU, F |
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Bill Summary Fact Sheet DEFER Real
Estate Officer Bob Williams stated that as a standard practice, City property
conveyances of this sort include reverter clauses allowing the City to regain
the property if it is not used for the stated purpose. |
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18. 2011-597 |
RESO
Conf Category Change for William T "Bill" Spinner, Member of the
Industrial Technical Adv Comm, from Residential Propty Owner to a Commercial
Propty Developer, Maintaining the Term exp 6/30/12. (Sidman) (Introduced by
CP Joost) |
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1.
9/13/2011 CO Introduced: R |
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9/19/2011 R Read 2nd & Rerefer |
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2.
9/27/2011 CO Read 2nd & Rereferred; R |
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Bill Summary APPROVE 7-0 |
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19. 2011-598 |
RESO
Appt Greg S Kupperman as Member of the Industrial Technical Adv Comm, as a
Residential Propty Developer, Replacing Justin L Hart for a 1st Term exp
6/30/13. (Welsh) (Introduced by CP Joost) |
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1.
9/13/2011 CO Introduced: R |
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9/19/2011 R Read 2nd & Rerefer |
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2.
9/27/2011 CO Read 2nd & Rereferred; R |
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Bill Summary APPROVE 7-0 |
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20. 2011-599 |
RESO
Appt Lee T Baggs as Member of the Industrial Technical Adv Comm, as an
Industrial Business Rep, Replacing Joseph C Waryold, Jr for Partial Term exp
6/30/12. (Welsh) (Introduced by CP Joost) |
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1.
9/13/2011 CO Introduced: R |
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9/19/2011 R Read 2nd & Rerefer |
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2.
9/27/2011 CO Read 2nd & Rereferred; R |
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Bill Summary APPROVE 6-1 (Boyer) Mr.
Baggs responded to several questions about his business and his
qualifications to serve on the committee.
Peggy Sidman answered several questions about the categories of
membership on the committee. |
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21. 2011-601 |
RESO
Reappt Julie A Dion as Member of Duval |
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1.
9/13/2011 CO Introduced: R |
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9/19/2011 R Read 2nd & Rerefer |
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2.
9/27/2011 CO Read 2nd & Rereferred; R |
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Bill Summary WITHDRAW 7-0 |
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22. 2011-603 |
RESO
Conf Reappt of Cyrus M Jollivette to the Jax Aviation Auth, for 2nd Full Term
exp 9/30/15. (Sidman) (Req of Mayor) |
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1.
9/13/2011 CO Introduced: R |
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9/19/2011 R Read 2nd & Rerefer |
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2.
9/27/2011 CO Read 2nd & Rereferred; R |
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Bill Summary Fact Sheet APPROVE 4-3 (Boyer,
Crescimbeni, Yarborough) Mr.
Jollivette answered several questions about the rationale for his recent vote
in favor of a pay raise for the JAA executive director. |
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23. 2011-604 |
RESO
Conf Reappt of |
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1.
9/13/2011 CO Introduced: R |
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9/19/2011 R Read 2nd & Rerefer |
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2.
9/27/2011 CO Read 2nd & Rereferred; R |
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Bill Summary Fact Sheet DEFER |
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24. 2011-605 |
RESO
Conf Appt of Dr. Michael A Rutledge as a Union Member Rep to the Civil Svc
Bd, Replacing L. Jerome Spates, for 1st Full Term exp 6/30/14. (Sidman) (Req
of Mayor) |
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1.
9/13/2011 CO Introduced: R |
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9/19/2011 R Read 2nd & Rerefer |
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2.
9/27/2011 CO Read 2nd & Rereferred; R |
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Bill Summary Fact Sheet DEFER Dr.
Rutledge explained his qualifications and stated that he is a retired member
of the Fraternal Order of Police. The
committee asked for clarification of whether the Code requires a currently
active union member rather than a retiree. |
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25. 2011-609 |
RESO
Appt John A Otterson as Member of the Industrial Technical Adv Comm as a
Residential Propty Owner, Replacing William T Spinner for 1st Full Term exp
6/30/13. (Welsh) (Introduced by CP Joost) |
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1.
9/13/2011 CO Introduced: R |
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9/19/2011 R Read 2nd & Rerefer |
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2.
9/27/2011 CO Read 2nd & Rereferred; R |
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Bill Summary AMEND/APPROVE 7-0 (Add language
to explain Reso 2011-597) |
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26. 2011-615 |
ORD
Providing for Transfer of $800,000 Currently Allocated for Constrn of Monroe
St (Portion of Courthouse Proj) to the Gold Merit/Pope Place Ash Proj to
Reduce Said Proj's Reliance on Banking Funds by $800,000; Waive Sec 5 (Use of
Funds) of Ord 2007-401-E, to Reduce Courthouse Budget by $800,000; Amend CIP
of Ords 2007-401-E & 2011-406-E re said Proj & Move Constrn to
2014-2015. (Rohan) (Introduced by CM's Boyer & Redman) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 9/27/11 |
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1.
9/13/2011 CO Introduced: R,TEU,F |
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|
9/19/2011 TEU Read 2nd &
Rerefer; 9/19/2011 R Read 2nd &
Rerefer |
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9/20/2011 F Read 2nd & Rerefer |
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2.
9/27/2011 CO PH Read 2nd & Rereferred; R, TEU, F |
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Bill Summary AMEND/APPROVE 3-4 (Fails)
(Bishop, Gaffney, Crescimbeni, Schellenberg) (Amend Acct#) Council
Member Boyer explained the purpose of her amendment and the rationale behind
her selection of the alternative project to receive the |
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27. 2011-617 |
ORD
Waiving Portions of Chapt 655 (Concurrency & Mobility Mgmt System), Sec
655.503 (Mobility Fee Requiremt, Certificate, Appl Process &
Calculation), Ord Code, to Auth Waiver, under Certain Circumstances, of
Mobility Fees for 12 mos after Effective Date of this Ord. (Reingold)
(Introduced by CP Bishop & Co-Sponsored by CM Lumb, Carter, Love, Joost,
Holt, Crescimbeni & Gaffney) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 9/27/11 |
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1.
9/13/2011 CO Introduced: R,F,LUZ |
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|
9/19/2011 R Read 2nd & Rerefer |
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9/20/2011 LUZ Read 2nd &
Rerefer; 9/20/2011 F Read 2nd &
Rerefer |
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2.
9/27/2011 CO PH Read 2nd & Rereferred; R, F, LUZ |
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|
Bill Summary DEFER The
committee discussed the intent of the bill and the method of
implementation. Jason Gabriel of the
General Counsel’s Office answered several questions about the relationship of
this bill to 2011-629 which would amend the 2030 Comprehensive Plan to permit
fee waivers of this sort, and discussed the potential for legal challenges
should that bill fail. Alternative
methodologies for achieving the desired purpose were discussed, including
suggestions to collect the mobility fee at the time of permitting and then
rebating it to the developer, and allowing a developer to choose between
paying the fee up-front and getting a rebate or taking a fee waiver up-front
while acknowledging the possibility that the fee might be payable later if a
legal challenge was to find the waiver had been granted improperly. |
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28. 2011-639 |
RESO
Reappt James W Pellot as Member of Jax Housing Finance Auth for 2nd Term exp
11/30/15. (Welsh) (Introduced by CP Joost) |
|
|
1.
9/27/2011 CO Introduced: R |
|
|
Bill Summary READ 2ND &
REREFER |
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29. 2011-647 |
RESO
Conf Appt of Patti H Anania as Member of Taxation, Rev & Utilization of
Expenditures Comm, Replacing Gregory B Anderson, for Unexp Term exp 6/30/12.
(Welsh) (Introduced by CP Joost) |
|
|
1.
9/27/2011 CO Introduced: R |
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|
Bill Summary APPROVE 7-0 In
response to a question from Council Member Crescimbeni, Ms. Anania indicated
that she could be impartial in considering the issue of town center
maintenance policies should the TRUE Commission take up that issue despite
her previous public stand on the matter. |
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30. 2011-648 |
RESO
Appt J. Stanton Totman as Member of NE Fla Regional Council, Replacing Paul
Parsons as the Independent Municipality Rep. (Welsh) (Introduced by CP Joost) |
|
|
1.
9/27/2011 CO Introduced: R |
|
|
Bill Summary READ 2ND &
REREFER |
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31. 2011-649 |
RESO
Appt James E Kelly as Member of Jax-Duval County Council on Elder Affairs,
Replacing Almethia Nixon Davis as Council Dist 12 Rep, for Term exp 6/30/12.
(Welsh) (Introduced by CM Carter) |
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|
1.
9/27/2011 CO Introduced: R |
|
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Bill Summary AMEND/APPROVE 7-0 (Amend Appt –
partial term) |
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32. 2011-650 |
RESO
re Council's Support for Local Bill J-2, Directing Agency for Health Care
Administration to License a Nursing Home if (a) Constructed on or Abutting
the JU Campus; and (b) Maintains an Affiliation with JU at all times
Following Licensure; and (c) Employs or Makes Positions Available for
Education & Training of JU Nursing Students in Field of Long-Term Care or
Geriatric Nursing; and (d) has no more than 150 Beds. (Rohan) (Req of
Legislative Delegation) |
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|
1.
9/27/2011 CO Introduced: R,RCDPHS Bill Summary READ 2ND &
REREFER |
Minutes: Jeff Clements, Council Research
10.4.11 Posted 10:00 a.m.
Tapes: Finance meeting– LSD
10.3.11
Materials: Finance agenda
10.3.11