OFFICE  OF  CITY  COUNCIL

RESEARCH  DIVISION

 

RULES COMMITTEE MINUTES

July 18, 2011

10:00 a.m.

 

Council Chamber

First Floor, City Hall

117 West Duval Street

 

 

 

Attendance:  Committee Chair Bill Bishop; Committee Members John Crescimbeni, Lori Boyer, Johnny Gaffney, Ray Holt (excused 11:36 a.m.), Matt Schellenberg, and Clay Yarborough; Council President Stephen Joost; Janice Billy and Sean Costigan, Office of Council Auditor; Dylan Reingold and Peggy Sidman, Office of General Counsel; Philip Zamarron and Rick Campbell, Office of City Council; Jessica Deal, Office of the Mayor

 

The Committee Chair, Bill Bishop, called the meeting to order at 10:02 a.m.  Council President Joost addressed the committee members concerning his advice to vote your conscience, and he noted that this committee will set the tone for the next four years through its consideration of Mayoral appointees.  The committee took the following actions:

 

1.  2010-856

ORD-MC 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; Co-Sponsored by C/M Joost, Holt & Fussell)

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

 

1. 11/9/2010 CO  Introduced: R,RCD, LUZ (Added to LUZ by CP 10/13/10)

 

    11/15/2010 RCDH Read 2nd & Rerefer;    11/15/2010 R Read 2nd & Rerefer

 

2. 11/23/2010 CO PH Read 2nd & Rereferred; R, RCD, LUZ (Added to LUZ by CP 12/13/10)

 

    6/7/2011 LUZ Withdraw 6-0

 

 

Bill Summary

 

WITHDRAW 7-0

 

2.  2010-920

RESO Conf Appt of Florestine L Meeks as Member of Jax - Duval County Council on Elder Affairs, as Dist 9 Rep, Replacing Keith M Myers, for Partial Term exp 6/30/11, followed by 1st Full Term exp 6/30/13. (Welsh) (Introduced by C/M Jones)

 

1. 12/14/2010 CO  Introduced: R

 

    1/3/2011 R Read 2nd & Rerefer

 

2. 1/11/2011 CO Read 2nd & Rereferred; R

 

    6/20/2011 R Sub/Rerefer 7-0

 

3. 6/28/2011 CO SUBSTITUTE/ Rerefer; R

 

 

Bill Summary

 

Amendment removes language relative to partial term

 

AMEND/APPROVE 7-0

 


 

3.  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

 

1. 2/8/2011 CO  Introduced: R,RCD,F

 

    2/14/2011 RCDH Read 2nd & Rerefer;    2/14/2011 R Read 2nd & Rerefer

 

    2/17/2011 F Read 2nd & Rerefer

 

2. 2/22/2011 CO PH Read 2nd & Rereferred; R, RCD, F

 

 

Bill Summary

 

DEFER

 

4.  2011-134

ORD-MC Amend Sec 120.202 (Membership), Ord Code, to Clarify Ord Language re Ability for an Elected Official to Simultaneously Collect a Salary & a Pension from City of Jax. (Sidman) (Introduced by C/M Johnson)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 3/8/11

 

1. 2/22/2011 CO  Introduced: R,F

 

    2/28/2011 R Read 2nd & Rerefer        3/1/2011 F Read 2nd & Rerefer

 

2. 3/8/2011 CO PH Read 2nd & Rereferred; R, F

 

 

Bill Summary

 

WITHDRAW 7-0

 

5.  2011-165

ORD-MC Amend Ord Code Subsec (B) of Secs 120.202 (Membership) of Gen Employees Retiremt Plan & 120.302 (Membership) of Corrections Officers Retiremt Plan re Ability for an Elected Official to Collect Salary & a Pension Simultaneously from City; Amend Subsecs (A), (B), (C) & (D) of Sec 120.206 (Time Svc Retiremt Benefit; COLAs) to Increase Retiremt Age to 65 for Gen Employees Hired On or After 6/1/11 or Hired Before 6/1/11 but not Eligible to Retire Before 6/1/11, with a Reduced Benefit for Early Retiremt under Certain Conditions Prior to Age 65, Subject to State & Fed Laws, Including Collective Bargaining & Pension Laws; Amend Subsecs (C) & (D) of Sec 120.209 (Vesting, Termination, Reemployment) to Prohibit Reemployment by City under Gen Employees Retiremt Plan in any Position not Cover by Plan other than Poll Workers; Waive Subsec 120.211(A) to Extent Benefits are Reduced. (Germany) (Introduced by C/M Bishop)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 3/24/11

 

1. 3/8/2011 CO  Introduced: R,F

 

    3/14/2011 R Read 2nd & Rerefer

 

    3/15/2011 F Read 2nd & Rerefer

 

2. 3/24/2011 CO PH Read 2nd & Rereferred; R, F

 

 

Bill Summary

 

DEFER

 

6.  2011-178

ORD Auth Dir of Finance to Delete Certain Missing or Stolen Items from City's Tangible Personal Propty Records; Require Accountable Officer to Provide Report to Council Auditors at same time as Reported to Sheriff. (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 4/12/11

 

1. 3/24/2011 CO  Introduced: F,R (Added by R Chair 4/1/11)

 

    4/4/2011 R Read 2nd & Rerefer

 

    4/5/2011 F Read 2nd & Rerefer

 

2. 4/12/2011 CO PH Read 2nd & Rereferred; F, R

 

 

Bill Summary

 

DEFER

 


 

7.  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

 

1. 5/10/2011 CO  Introduced: R,F

 

    5/16/2011 R Read 2nd & Rerefer

 

    5/17/2011 F Read 2nd & Rerefer

 

2. 5/24/2011 CO PH Read 2nd & Rereferred; R, F

 

 

Bill Summary

 

DEFER

 

8.  2011-377

ORD re Sec 106.108 (Future Pension Benefits & Pension Funding), Ord Code; Waive Sec 106.108(b), Requiring that Annual Funding for City's Pension Plans be Based upon Annual Actuarial Reports, in Order to Continue for FY 2012 the Pension Contribution Rate for FY 2011 Established in Ord 2010-557-E; Waive Requiremt of Sec 106.108(d), Ord Code for Mayor to Initiate any Proposed Exception; Requiring 2/3 Vote for Adoption Pursuant to Sec 106.108(d). (Germany) (Req of Jax Retiremt System Bd of Trustees)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 6/28/11

 

1. 6/14/2011 CO  Introduced: R,F

 

    6/20/2011 R Read 2nd & Rerefer

 

    6/21/2011 F Read 2nd & Rerefer

 

2. 6/28/2011 CO PH Read 2nd & Rereferred; R, F

 

 

Bill Summary

 

Discussion included State law requiring an actuarial report every three years versus the self-imposed City requirement for an annual report.  An explanation was given that utilizing the State requirement at this time would assist in smoothing recent market volatility.  It was noted that a study had been done, and received by the Trustees for informational purposes.  It was stated that an increased City contribution to the fund would be required if the waiver is not approved.  In response to a question, Mrs. Deal indicated that the Mayor’s Office supports the waiver.

 

Motion to Approve Failed of Passage on a vote of 0-7

 

9.  2011-383

RESO Supporting an Enterprise Zone Boundary Amend in Accordance with Sec 290.0055(6), F.S.; Designating Certain Areas within City's Enterprise Zone as Jacksonville Brownfields Areas for Environmental Rehab & Economic Dev. (Rowland) (Req of JEDC)

 

1. 6/14/2011 CO  Introduced: R,F,RCD

 

    6/20/2011 RCDH Read 2nd & Rerefer;    6/20/2011 R Read 2nd & Rerefer

 

    6/21/2011 F Read 2nd & Rerefer

 

2. 6/28/2011 CO Read 2nd & Rereferred; R, F, RCD

 

 

Bill Summary

 

Discussion included boundaries and additional land, availability of qualified workers in the area, and transportation for workers.  C/M Boyer inquired about correspondence she received concerning violation of State law, and Ms. Sidman will review the issue.

 

Amendment attaches a revised exhibit and clarifies that only the Imeson Industrial Park boundaries are changing

 

AMEND/APPROVE 7-0

 


 

10.  2011-384

ORD Auth Economic Dev Agreemt bet City, JEDC & Kaman Aerospace Corp re Expansion of Company's Operations; Recommend Apv by Fla Ofc of Tourism, Trade & Economic Dev as a QTI Business with Enterprise Zone & High Impact Sector Bonuses & Apv for a Brownfield Redev Bonus; Evidence City's Commitmt of $420,000 as Local Financial Support under QTI Tax Refund Prog, with State Match of $1,680,000 (Including 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 City & State Total of $2,100,000 for 200 Jobs; Auth Recapture Enhanced Value Grant of $231,000; Designate Oversight by JEDC; Timeline for Execution of Agreemt by Company; Waive Portion of Public Investmt Policy of Reso 2006-119-A that Requires Creation of at least 250 New QTI Wage Level Jobs, $10,000,000 in New Private Capital Investmt & Hiring 10% of New Employees from Within the Enterprise Zone to be Eligible for Enterprise Zone & Brownfield Bonuses. (Rowland) (Req of JEDC)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 6/28/11

 

1. 6/14/2011 CO  Introduced: R,F,RCD

 

    6/20/2011 RCDH Read 2nd & Rerefer;    6/20/2011 R Read 2nd & Rerefer

 

    6/21/2011 F Read 2nd & Rerefer

 

2. 6/28/2011 CO PH Read 2nd & Rereferred; R, F, RCD

 

 

Bill Summary

 

Discussion included availability of qualified workers in the area and transportation for workers.  It was explained that a high degree of technical skills would be required.  Concerns were expressed with the ability to fill the jobs from within the Enterprise Zone, and a revision was suggested that would allow the jobs requirement to be met by utilizing workers from any of the Enterprise Zones.

 

Amendment provides for a revised agreement to correct maximum indebtedness, job opportunity bank, and REV grant amounts; corrects a scrivener’s error, and revises certain dates

 

AMEND/APPROVE 5-1 (Yarborough)

 

11.  2011-385

ORD Amend Investmt Policy of City. (Rowland) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 6/28/11

 

1. 6/14/2011 CO  Introduced: R,F

 

    6/20/2011 R Read 2nd & Rerefer

 

    6/21/2011 F Read 2nd & Rerefer

 

2. 6/28/2011 CO PH Read 2nd & Rereferred; R, F

 

 

Bill Summary

 

DEFER

 


 

12.  2011-386

ORD-MC Amend Chapt 155 (Adult Arcade Amusemt Ctr), Secs 155.112 (Enforcemt) & 155.114 (Penalty), Chapter 156 (Electronic Game Promotions), Sec 156.111 (Violations), & Chapt 609 (Code Enforcemt Citations), Sec 609.109 (Applicable Chapts & Parts), Ord Code, to Classify Offenses made re Adult Arcade Amusement Ctrs & Electronic Game Promotions within City's Existing Uniform Fine Schedule & to, in Addn to Available Civil Remedies, Specifically Delineate the City's Enforcemt Authority of Chapts 155 & 156. (Gabriel) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 6/28/11

 

1. 6/14/2011 CO  Introduced: R,PHS,RCD

 

    6/20/2011 RCDH Read 2nd & Rerefer;    6/20/2011 R Read 2nd & Rerefer

 

    6/21/2011 PHS Read 2nd & Rerefer

 

2. 6/28/2011 CO PH Read 2nd & Rereferred; R, PHS, RCD

 

 

Bill Summary

 

Discussion included dual enforcement and how this would work, with it being noted that such enforcement is allowed for certain other issues.  It was explained that this would allow the Jacksonville Sheriff’s Office (JSO) to work in conjunction with the Environmental and Compliance Department, and that a citation sometimes has a greater impact when issued by JSO.  In response to a question, it was stated that primary enforcement is not specified.  The possibility of the Sheriff requesting additional funding for this was raised.

 

APPROVE 6-0

 

13.  2011-388

ORD-MC Amend Sec 55.306 (Admin of Progs), Ord Code, to Estab Limited Town Ctr Landscape Maint Responsibilities. (Rohan) (Introduced by C/M Crescimbeni & Co-sponsored by CM Gaffney)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 6/28/11

 

1. 6/14/2011 CO  Introduced: R,F,RCD

 

    6/20/2011 RCDH Read 2nd & Rerefer;    6/20/2011 R Read 2nd & Rerefer

 

    6/21/2011 F Read 2nd & Rerefer

 

2. 6/28/2011 CO PH Read 2nd & Rereferred; R, F, RCD

 

 

Bill Summary

 

DEFER

 

14.  2011-389

ORD Conf Reappt of Marcella A Lowe as Member of Taxation, Rev & Utilization of Expenditures Comm for a 4th Term exp 6/30/14; Waive Sec 50.104, Ord Code, re Limitation of Consecutive Terms. (Welsh) (Req of Greater Arlington/Beaches CPAC)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 6/28/11

 

1. 6/14/2011 CO  Introduced: R

 

    6/20/2011 R Read 2nd & Rerefer

 

2. 6/28/2011 CO PH Read 2nd & Rereferred; R

 

 

Bill Summary

 

APPROVE 7-0

 

15.  2011-390

RESO Conf Appt of Penelope "Penny" Steeple Thompson as Member of Cultural Svc Grant Comm, Replacing Martha Barrett as a Cultural Council Rep for a 1st Term exp 12/31/13. (Welsh) (Req of Cultural Council)

 

1. 6/14/2011 CO  Introduced: R

 

    6/20/2011 R Read 2nd & Rerefer

 

2. 6/28/2011 CO Read 2nd & Rereferred; R

 

 

Bill Summary

 

APPROVE 7-0

 


 

16.  2011-391

RESO Conf Appt of Melody S Bishop, AIA, as Member of Cultural Svc Grant Comm, Replacing Diane Brunet-Garcia as Community Rep for 1st Term exp 12/31/13. (Welsh) (Req of Cultural Council)

 

1. 6/14/2011 CO  Introduced: R

 

    6/20/2011 R Read 2nd & Rerefer

 

2. 6/28/2011 CO Read 2nd & Rereferred; R

 

 

Bill Summary

 

APPROVE 6-0-1 (Bishop)

 

17.  2011-392

RESO Conf Appt of Ryan A Schwartz as Member of Cultural Svc Grant Comm, Replacing Ju'Coby Pittman as a Community Rep for a 1st Term exp 12/31/13. (Welsh) (Req of Cultural Council)

 

1. 6/14/2011 CO  Introduced: R

 

    6/20/2011 R Read 2nd & Rerefer

 

2. 6/28/2011 CO Read 2nd & Rereferred; R

 

 

Bill Summary

 

APPROVE 7-0

 

18.  2011-393

RESO Conf Appt of Lisa M Goodrich as Member of Cultural Svc Grant Comm, Replacing Mary Soderstrum as a Community Rep for Term exp 12/31/13. (Welsh) (Req of Cultural Council)

 

1. 6/14/2011 CO  Introduced: R

 

    6/20/2011 R Read 2nd & Rerefer

 

2. 6/28/2011 CO Read 2nd & Rereferred; R

 

 

Bill Summary

 

DEFER

 

19.  2011-409

ORD-MC Amend Chapt 350 (Elections, Election Regs & Campaigning), Part 1 (Gen Provisions, Ord Code, by Creating New Sec 350.117 (Campaign Treasurer Reports), to Require Only Electronic Filing of Campaign Treasurer Reports Required by State Law to be Filed with Supv of Elections. (Chastain) (Req of Supv of Elections)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 7/26/11

 

1. 6/28/2011 CO  Introduced: R

 

 

Bill Summary

 

READ 2ND & REREFER

 

20.  2011-427

ORD Closing & Abandoning &/or Disclaiming All of a R/W for Drainage on Cisco Rd at Req of James Spencer to Satisfy Applicant's Mortgage Co re Adequate Access to & from Cisco Rd; Declare Propty Surplus; Auth Conveyance by Quit Claim Deed at No Cost, Jointly to James Spencer & Kevin Allen Cope, Adjacent Propty Owners; Waive Provisions of Sec 122.422 (Sale of Propty thru Real Estate Div; Investigation of Need; Council Action), Ord Code, to allow Conveyance at No Cost. (Dist 11 - Holt) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 7/26/11

 

1. 6/28/2011 CO  Introduced: R,TEU,F

 

 

Bill Summary

 

READ 2ND & REREFER

 


 

21.  2011-433

RESO Conf Reappt of Jessica A Deal as Member of Cultural Svc Grant Comm as a Cultural Council Rep for a 1st Full Term exp 12/31/13. (Welsh) (Req of Cultural Council)

 

1. 6/28/2011 CO  Introduced: R

 

 

Bill Summary

 

WITHDRAW 6-0

 

22.  2011-434

RESO Recognizing & Commending Bernard "Barney" Smith for his Service to City of Jax as Chair of the Jax Housing Finance Authority & Member of the Jax Housing & Community Dev Comm. (Sidman) (Introduced by C/M Corrigan)

 

1. 6/28/2011 CO  Introduced: R

 

 

Bill Summary

 

APPROVE 6-0

 

23.  2011-435

RESO Honoring & Congratulating Univ of Florida Softball Player Michelle Moultrie on being named Co-Most Outstanding Player at the NCAA Women's College World Series. (Clements) (Introduced by C/M Carter)

 

1. 6/28/2011 CO  Introduced: R

 

 

Bill Summary

 

APPROVE 6-0

 

24.  2011-437

RESO Honoring & Celebrating the 50th Anniversary of the Cummer Museum of Art & Gardens. (Jackson) (Introduced by C/M Corrigan) (Sponsored by C/M Jones)

 

1. 6/28/2011 CO  Introduced: R

 

 

Bill Summary

 

APPROVE 6-0

 

25.  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)

 

1. 6/28/2011 CO  Introduced: R

 

 

Bill Summary

 

READ 2ND & REREFER

 

26.  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

 

1. 6/28/2011 CO  Introduced: R

 

Bill Summary

 

READ 2ND & REREFER

 

The meeting was adjourned at 11:55 a.m.

 

Rick Campbell, Research Assistant

(904) 630-1679

 

Posted 07.19.11

12:00 p.m.