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RULES COMMITTEE
MINUTES OF THE REGULAR MEETING
July 18,2011
BILL BISHOP, CHAIR
CHERYL L. BROWN, COUNCIL SECRETARY/DIRECTOR
MINUTES
OF THE REGULAR MEETING of the Council of the City of
Members in Attendance: Staff Attendance:
CM Bill Bishop, Chair Philip
Zamarron, Legislative Aide
CM John Crescimbeni, Vice Chair Janice Billy,
Asst. Auditor
CM Lori Boyer Peggy Sidman, Attorney
CM Johnny Gaffney Rick Campbell, Research Asst.
CM Ray Holt Jessica Deal, Administration
CM Matt Schellenberg
CM Clay Yarborough
Others in Attendance:
Florestine Meeks (10-920) Marcella Lowe
(11-389)
Penelope Thompson (10-390) Melody Bishop
(11-391)
Ryan Schwartz (11-392) Ron Belton,
Administration
Mike Givens (11-377) Kent
Olson (11-377)
John German, OGC (11-377) Joe Whitaker
(11-383 & 384)
John Haley, Cornerstone
(11-384) Jim
Melvin, V.P. Kaman (11-384)
Maria Lang, Kaman (11-384) Dylan Reingold,
GC (11-386)
Mel Cook, Enviro &
Compliance (11-386) Council President
Stephen Joost
1. 2010-920 A RESOLUTION APPOINTING FLORESTINE L. MEEKS
AS A MEMBER OF THE JACKSONVILLE - DUVAL COUNTY COUNCIL ON ELDER AFFAIRS,
FILLING THE COUNCIL DISTRICT 9 REPRESENTATIVE SLOT FORMERLY HELD BY KEITH M.
MYERS, PURSUANT TO CHAPTER 82, ORDINANCE CODE, FOR A PARTIAL TERM EXPIRING JUNE
30, 2011, FOLLOWED BY A FIRST FULL TERM EXPIRING JUNE 30, 2013; PROVIDING AN
EFFECTIVE DATE; 1/3/2011
- Read 2nd & Rerefer; 6/20/2011 - Sub/Rerefer 7-0
REPORT OF THE COMMITTEE ON
RULES: July 18, 2011
Recommend to AMEND and APPROVE.
AYES - Bishop, Boyer,
Crescimbeni, Gaffney, Holt, Schellenberg, Yarborough, ( 7 )
_____________________
2.
2011-389 AN ORDINANCE CONFIRMING
THE REAPPOINTMENT OF MARCELLA A. LOWE AS A MEMBER OF THE TAXATION, REVENUE AND
UTILIZATION OF EXPENDITURES (TRUE) COMMISSION, PURSUANT TO CHAPTER 57,
ORDINANCE CODE, FOR A FOURTH TERM ENDING JUNE 30, 2014; WAIVING THE PROVISIONS
OF SECTION 50.104, ORDINANCE CODE, RELATING TO THE LIMITATION OF CONSECUTIVE
TERMS; PROVIDING AN EFFECTIVE DATE.; 6/20/2011
- Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
RULES: July 18, 2011
Recommend to APPROVE.
AYES - Bishop, Boyer,
Crescimbeni, Gaffney, Holt, Schellenberg, Yarborough, ( 7 )
_____________________
3.
2011-390 A RESOLUTION CONFIRMING
THE APPOINTMENT OF PENELOPE "PENNY" STEEPLE THOMPSON AS A MEMBER OF
THE CULTURAL SERVICE GRANT COMMITTEE, REPLACING MARTHA BARRETT AS A CULTURAL
COUNCIL REPRESENTATIVE, PURSUANT TO SECTION 118.605, ORDINANCE CODE, FOR A
FIRST TERM EXPIRING DECEMBER 31, 2013; PROVIDING AN EFFECTIVE DATE.; 6/20/2011 - Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
RULES: July 18, 2011
Recommend to APPROVE.
AYES - Bishop, Boyer,
Crescimbeni, Gaffney, Holt, Schellenberg, Yarborough, ( 7 )
_____________________
4.
2011-391 A RESOLUTION CONFIRMING
THE APPOINTMENT OF MELODY S. BISHOP, AIA AS A MEMBER OF THE CULTURAL SERVICE
GRANT COMMITTEE, REPLACING DIANE BRUNET-GARCIA AS A COMMUNITY REPRESENTATIVE,
PURSUANT TO SECTION 118.605, ORDINANCE CODE, FOR A FIRST TERM EXPIRING DECEMBER
31, 2013; PROVIDING AN EFFECTIVE DATE.; 6/20/2011 - Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
RULES: July 18, 2011
Recommend to APPROVE.
AYES - Boyer, Crescimbeni,
Gaffney, Holt, Schellenberg, Yarborough, ( 6 )
_____________________
5.
2011-392 A RESOLUTION CONFIRMING
THE APPOINTMENT OF RYAN A. SCHWARTZ AS A MEMBER OF THE CULTURAL SERVICE GRANT
COMMITTEE, REPLACING JU'COBY PITTMAN AS A COMMUNITY REPRESENTATIVE, PURSUANT TO
SECTION 118.605, ORDINANCE CODE, FOR A FIRST TERM EXPIRING DECEMBER 31, 2013;
PROVIDING AN EFFECTIVE DATE.; 6/20/2011
- Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
RULES: July 18, 2011
Recommend to APPROVE.
AYES - Bishop, Boyer,
Crescimbeni, Gaffney, Holt, Schellenberg, Yarborough, ( 7 )
_____________________
6.
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; 11/15/2010 - Read 2nd &
Rerefer
REPORT OF THE COMMITTEE ON
LAND USE & ZONING: June 07, 2011
Recommend to WITHDRAW.
REPORT OF THE COMMITTEE ON
RULES: July 18, 2011
Recommend to WITHDRAW.
AYES - Bishop, Boyer,
Crescimbeni, Gaffney, Holt, Schellenberg, Yarborough, ( 7 )
_____________________
7.
2011-134 AN ORDINANCE AMENDING
SECTION 120.202 (MEMBERSHIP), ORDINANCE CODE, TO CLARIFY ORDINANCE LANGUAGE
REGARDING THE ABILITY FOR AN ELECTED OFFICIAL TO COLLECT A SALARY AND A PENSION
FROM THE CITY OF JACKSONVILLE SIMULTANEOUSLY; PROVIDING AN EFFECTIVE DATE; 2/28/2011 - Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
FINANCE: March 01, 2011
Recommend be READ for the
SECOND time and REREFERRED to the Committee(s) of reference.
REPORT OF THE COMMITTEE ON
RULES: July 18, 2011
Recommend to WITHDRAW.
AYES - Bishop, Boyer, Crescimbeni,
Gaffney, Holt, Schellenberg, Yarborough, ( 7 )
_____________________
8.
2011-377 AN ORDINANCE REGARDING
SECTION 106.108 (FUTURE PENSION BENEFITS AND PENSION FUNDING), ORDINANCE
CODE; WAIVING SECTION 106.108(b),
ORDINANCE CODE, REQUIRING THAT ANNUAL FUNDING FOR THE CITY'S PENSION PLANS BE
BASED UPON ANNUAL ACTUARIAL REPORTS, IN ORDER TO CONTINUE FOR FISCAL YEAR 2012
THE PENSION CONTRIBUTION RATE FOR FISCAL YEAR 2011 ESTABLISHED IN ORDINANCE
2010-0557-E; WAIVING THE REQUIREMENT IN SECTION 106.108(d), ORDINANCE CODE, FOR
THE MAYOR TO INITIATE ANY PROPOSED EXCEPTION; REQUIRING A TWO-THIRDS VOTE FOR
ADOPTION PURSUANT TO SECTION 106.108(d), ORDINANCE CODE; PROVIDING AN EFFECTIVE
DATE.; 6/20/2011 - Read 2nd &
Rerefer
REPORT OF THE COMMITTEE ON
FINANCE: June 21, 2011
Recommend be READ for the
SECOND time and REREFERRED to the Committee(s) of reference.
REPORT OF THE COMMITTEE ON
RULES: July 18, 2011
Recommend to APPROVE.
NAYS - Bishop, Boyer,
Crescimbeni, Gaffney, Holt, Schellenberg, Yarborough, ( 7 )
_____________________
9.
2011-383 A RESOLUTION SUPPORTING
AN ENTERPRISE ZONE BOUNDARY AMENDMENT IN ACCORDANCE WITH SECTION 290.0055(6),
FLORIDA STATUTES; DESIGNATING CERTAIN AREAS WITHIN THE CITY'S ENTERPRISE ZONE
AS JACKSONVILLE BROWNFIELDS AREAS FOR ENVIRONMENTAL REHABILITATION AND ECONOMIC
DEVELOPMENT; PROVIDING FOR CITY OVERSIGHT BY THE JEDC; AND PROVIDING AN
EFFECTIVE DATE; 6/20/2011
- Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
FINANCE: June 21, 2011
Recommend be READ for the
SECOND time and REREFERRED to the Committee(s) of reference.
REPORT OF THE COMMITTEE ON
RULES: July 18, 2011
Recommend to AMEND and APPROVE.
AYES - Bishop, Boyer,
Crescimbeni, Gaffney, Holt, Schellenberg, Yarborough, ( 7 )
_____________________
10.
2011-384 AN ORDINANCE MAKING
CERTAIN FINDINGS, AND APPROVING AND AUTHORIZING THE EXECUTION OF AN ECONOMIC
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF JACKSONVILLE ("CITY"), THE
JACKSONVILLE ECONOMIC DEVELOPMENT COMMISSION ("JEDC") AND KAMAN
AEROSPACE CORPORATION ("COMPANY"), TO SUPPORT THE EXPANSION OF THE
COMPANY'S OPERATIONS IN JACKSONVILLE, FLORIDA (THE "PROJECT");
RECOMMENDING THAT THE COMPANY BE APPROVED BY THE STATE OF FLORIDA'S OFFICE OF
TOURISM, TRADE AND ECONOMIC DEVELOPMENT AS A QUALIFIED TARGET INDUSTRY
("QTI") BUSINESS WITH ENTERPRISE ZONE AND HIGH IMPACT SECTOR BONUSES,
PURSUANT TO SECTIONS 288.106-108, FLORIDA STATUTES, AND APPROVED FOR A
BROWNFIELD REDEVELOPMENT BONUS PURSUANT TO SECTION 288.107, FLORIDA STATUTES;
EVIDENCING A COMMITMENT OF CITY SUPPORT IN AN AMOUNT NOT TO EXCEED $420,000 AS
THE LOCAL FINANCIAL SUPPORT UNDER THE QUALIFIED TARGET INDUSTRY TAX REFUND
PROGRAM PAYABLE OVER MULTIPLE YEARS PER GUIDELINES SET BY THE STATE OFFICE OF
TOURISM, TRADE AND ECONOMIC DEVELOPMENT, WITH A STATE MATCH OF $1,680,000
(INCLUDING A BROWNFIELD BONUS OF $2,500 PER JOB, HIGH IMPACT SECTOR BONUS OF
$2,000 PER JOB, ENTERPRISE ZONE BONUS OF $3,000 PER JOB), FOR A TOTAL CITY AND
STATE QTI AMOUNT OF $2,100,000 FOR 200 JOBS; AUTHORIZING A RECAPTURE ENHANCED
VALUE (REV) GRANT OF $231,000; APPROVING AND AUTHORIZING EXECUTION OF DOCUMENTS
BY THE MAYOR, CORPORATION SECRETARY AND EXECUTIVE DIRECTOR OF THE JEDC;
AUTHORIZING APPROVAL OF TECHNICAL AMENDMENTS BY THE EXECUTIVE DIRECTOR OF THE
JEDC; PROVIDING FOR CITY OVERSIGHT BY THE JEDC; TIMELINE FOR EXECUTION OF
AGREEMENT BY THE COMPANY; WAIVER OF THAT PORTION OF THE PUBLIC INVESTMENT
POLICY ADOPTED BY RESOLUTION 2006-119-A WHICH WOULD REQUIRE CREATION OF AT
LEAST 250 NEW QTI WAGE LEVEL JOBS, TEN MILLION DOLLARS IN NEW PRIVATE CAPITAL
INVESTMENT, AND THE HIRING OF 10 PERCENT OF NEW EMPLOYEES FROM WITHIN THE
ENTERPRISE ZONE TO BE ELIGIBLE FOR ENTERPRISE ZONE AND BROWNFIELD BONUSES, FOR
THE PROPOSED PROJECT; PROVIDING AN EFFECTIVE DATE.; 6/20/2011 - Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
FINANCE: June 21, 2011
Recommend be READ for the
SECOND time and REREFERRED to the Committee(s) of reference.
REPORT OF THE COMMITTEE ON
RULES: July 18, 2011
Recommend to AMEND and APPROVE.
AYES - Bishop, Boyer,
Crescimbeni, Gaffney, Schellenberg, ( 5 )
NAYS - Yarborough, ( 1 )
_____________________
11.
2011-386 AN ORDINANCE REGARDING
ADULT ARCADE AMUSEMENT CENTERS AND ELECTRONIC GAME PROMOTIONS; MAKING FINDINGS;
AMENDING CHAPTER 155 (ADULT ARCADE AMUSEMENT CENTER), SECTION 155.112
(ENFORCEMENT) AND SECTION 155.114 (PENALTY), CHAPTER 156 (ELECTRONIC GAME
PROMOTIONS), SECTION 156.111 (VIOLATIONS), AND CHAPTER 609 (CODE ENFORCEMENT
CITATIONS), SECTION 609.109 (APPLICABLE CHAPTERS AND PARTS), ORDINANCE CODE, TO
CLASSIFY OFFENSES MADE WITH RESPECT TO ADULT ARCADE AMUSEMENT CENTERS AND
ELECTRONIC GAME PROMOTIONS WITHIN THE CITY'S EXISTING UNIFORM FINE SCHEDULE AND
TO, IN ADDITION TO AVAILABLE CIVIL REMEDIES, SPECIFICALLY DELINEATE THE CITY'S
ENFORCEMENT AUTHORITY OF CHAPTER 155 (ADULT ARCADE AMUSEMENT CENTER) AND
CHAPTER 156 (ELECTRONIC GAME PROMOTIONS), ORDINANCE CODE; PROVIDING AN
EFFECTIVE DATE.; 6/20/2011
- Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
PUBLIC HEALTH & SAFETY: June 21, 2011
Recommend be READ for the
SECOND time and REREFERRED to the Committee(s) of reference.
REPORT OF THE COMMITTEE ON
RULES: July 18, 2011
Recommend to APPROVE.
AYES - Bishop, Boyer,
Crescimbeni, Gaffney, Schellenberg, Yarborough, ( 6 )
_____________________
12.
2011-433 A RESOLUTION CONFIRMING
THE REAPPOINTMENT OF JESSICA A. DEAL AS A MEMBER OF THE CULTURAL SERVICE GRANT
COMMITTEE, AS A CULTURAL COUNCIL REPRESENTATIVE, PURSUANT TO SECTION 118.605,
ORDINANCE CODE, FOR A FIRST FULL TERM ENDING DECEMBER 31, 2013; PROVIDING AN
EFFECTIVE DATE.
Recommend
to WITHDRAW.
AYES
- Bishop, Boyer, Crescimbeni, Gaffney, Schellenberg, Yarborough, ( 6 )
_____________________
13.
2011-434 A RESOLUTION
RECOGNIZING AND COMMENDING BERNARD "BARNEY" SMITH FOR HIS SERVICE TO
THE CITY OF
Recommend
to APPROVE.
AYES
- Bishop, Boyer, Crescimbeni, Gaffney, Schellenberg, Yarborough, ( 6 )
_____________________
14.
2011-435 A RESOLUTION HONORING
AND CONGRATULATING UNIVERSITY OF FLORIDA SOFTBALL PLAYER MICHELLE MOULTRIE ON
BEING NAMED THE CO-MOST OUTSTANDING PLAYER AT THE NCAA WOMEN'S COLLEGE WORLD
SERIES; PROVIDING AN EFFECTIVE DATE
Recommend
to APPROVE.
AYES
- Bishop, Boyer, Crescimbeni, Gaffney, Schellenberg, Yarborough, ( 6 )
_____________________
15.
2011-437 A RESOLUTION HONORING
AND CELEBRATING THE 50TH ANNIVERSARY OF THE
Recommend
to APPROVE.
AYES
- Bishop, Boyer, Crescimbeni, Gaffney, Schellenberg, Yarborough, ( 6 )
_____________________
2ND
16.
2011-409 AN ORDINANCE AMENDING
CHAPTER 350 (ELECTIONS, ELECTION REGULATIONS, AND CAMPAIGNING), PART 1 (GENERAL
PROVISIONS), ORDINANCE CODE, BY CREATING A NEW SECTION 350.117 (CAMPAIGN
TREASURER REPORTS), ORDINANCE CODE, TO REQUIRE ONLY ELECTRONIC FILING OF
CAMPAIGN TREASURER REPORTS REQUIRED BY STATE LAW TO BE FILED WITH THE
SUPERVISOR OF ELECTIONS; PROVIDING FOR THE PURPOSE; PROVIDING AN EFFECTIVE
DATE.
_____________________
17. 2011-427 AN ORDINANCE CLOSING AND ABANDONING, AND/OR
DISCLAIMING, ALL OF A RIGHT-OF-WAY FOR DRAINAGE ON CISCO ROAD IN COUNCIL
DISTRICT 11, ESTABLISHED AND DEDICATED VIA DEED RECORDED IN OFFICIAL RECORDS
BOOK 566, PAGE 99 OF THE PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, (THE
"SUBJECT PROPERTY") AT THE REQUEST OF JAMES SPENCER (THE
"APPLICANT") SO AS TO SATISFY CONCERNS APPLICANT'S MORTGAGE COMPANY
HAS REGARDING ADEQUATE ACCESS TO AND FROM CISCO ROAD; DECLARING THE SUBJECT
PROPERTY TO BE SURPLUS TO THE NEEDS OF THE CITY; AUTHORIZING THE MAYOR, OR HIS
DESIGNEE, AND THE CORPORATION SECRETARY TO EXECUTE ALL DOCUMENTS NECESSARY TO
CONVEY BY QUIT CLAIM DEED AT NO COST THE SUBJECT PROPERTY JOINTLY TO JAMES
SPENCER AND KEVIN ALLEN COPE, ADJACENT PROPERTY OWNERS; WAIVING THE PROVISIONS
OF SECTION 122.422 (SALE OF PROPERTY THROUGH REAL ESTATE DIVISION;
INVESTIGATION OF NEED; COUNCIL ACTION), ORDINANCE CODE, SO AS TO ALLOW
CONVEYANCE OF THE SUBJECT PROPERTY TO JAMES SPENCER AND KEVIN ALLEN COPE AT NO
COST; PROVIDING AN EFFECTIVE DATE.
_____________________
18.
2011-440 A RESOLUTION
RECOGNIZING THE IMPORTANCE OF THE RULES OF THE COUNCIL; RECOGNIZING THE
OBLIGATION OF EACH COUNCIL MEMBER TO ATTEND UNLESS EXCUSED EACH COUNCIL MEETING
AND COMMITTEE MEETING AS PROVIDED FOR IN COUNCIL RULES 2.202 (ATTENDANCE;
VOTING) AND 4.501 (ABSENCE FROM MEETINGS); RECOGNIZING THE HARM TO THE PUBLIC
AND TO THE HONOR OF THE COUNCIL WHEN COUNCIL MEMBERS LEAVE COMMITTEE MEETINGS
WITHOUT APPROVAL; RECOGNIZING WITH REGRET A RULES COMMITTEE MEETING HELD ON
JUNE 20, 2011 WHERE FOUR COUNCIL MEMBERS LEFT THE MEETING WITHOUT NOTICE OR
PERMISSION OF THE CHAIR; CENSURING THE
FOUR COUNCIL MEMBERS WHO LEFT THE JUNE 20, 2011 MEETING WITHOUT NOTICE OR
PERMISSION; PROVIDING AN EFFECTIVE DATE.
_____________________
19.
2011-441 AN ORDINANCE AMENDING
THE COUNCIL RULES; MAKING FINDINGS AS TO THE IMPORTANCE OF COUNCIL MEETING
ATTENDANCE; RECOGNIZING EXISTING COUNCIL RULES 2.202 (ATTENDANCE; VOTING) AND
4.501 (ABSENCE FROM MEETINGS); AMENDING PART 5 (DECORUM) OF CHAPTER 4
(PROCEDURES), CREATING A NEW RULE 4.506 (PENALTIES) TO AUTHORIZE REMOVAL FROM
COUNCIL COMMITTEES AND CENSURE; PROVIDING AN EFFECTIVE DATE.
_____________________