RULES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

June 06,2011

 

DENISE LEE, 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, June 06,2011.  The meeting was called to order at 10:08 A.M. by Committee Chair Denise Lee.  The meeting was adjourned at 12:19 P.M.

 

 

 

Members in Attendance:                                                    Staff Attendance:

                 

                        CM Denise Lee, Chair                                        Juliette Williams, Legislative Aide

                        CM Stephen Joost, Vice Chair                            Heather Norsworthy, Asst. Auditor

                          CM Richard Clark                                              Peggy Sidman, Attorney

                          CM Clay Yarborough                                        Rick Campbell, Research Asst.

                          CM Art Shad – Excused 11:00                                           Sherry Hall, Administration

                      CM John Crescimbeni                                          Sean Costigan, Attorney

                         CM Bill Bishop

                       

 

 

 

 

 

Others in Attendance:

 

 

Dan Walsh (11-167)

Helen Ludwig (11-167)

Conrad Markle (11-167, 197, 232)

John Nooney (11-167, 197)

Patricia McBride (11-167, 197)

Rod Morrell spoke concerning access and ethics

 

 

 

 

1.    2010-766   AN ORDINANCE AMENDING CHAPTER 634, ORDINANCE CODE, (FINES AND COSTS); CREATING A NEW SECTION 634.102(F) TO ESTABLISH A $40 COURT COST ON FELONIES, MISDEMEANORS, AND CRIMINAL TRAFFIC INFRACTIONS, AUTHORIZED BY SECTION 939.185(1)(B) F.S., TO FUND ELEMENTS OF THE STATE COURT SYSTEM, TO PROVIDE LEGAL AID PROGRAMS RELATED TO THE FORECLOSURE CRISIS THROUGH CONTRIBUTIONS TO JACKSONVILLE AREA LEGAL AID, INC., TO SUPPORT EDUCATION, MEDIATION AND DEFENSE OF FORECLOSURE ACTIONS FOR THE DISADVANTAGED; PROVIDING FOR SUNSETTING ON DECEMBER 31, 2014; AMENDING SECTION 111.385 ORDINANCE CODE (COURT COST $65 TRUST FUND PER SEC. 939.185 F.S.) TO CONFORM SAME TO STATUTORY CHANGES; CREATING A NEW SECTION 111.386 (COURT COST $40 TRUST FUND PER SEC. 939.185(1)(B) F.S.), ORDINANCE CODE TO RECEIVE THE AUTHORIZED COURT COSTS; PROVIDING AN EFFECTIVE DATE; 10/4/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: October 05, 2010

 

Recommend be READ for the SECOND time and REREFERRED to the Committee(s) of reference.

 

REPORT OF THE COMMITTEE ON PUBLIC HEALTH & SAFETY: October 05, 2010

 

Recommend be READ for the SECOND time and REREFERRED to the Committee(s) of reference.

 

REPORT OF THE COMMITTEE ON RULES: June 06, 2011

 

Recommend to SUBSTITUTE and APPROVE.

 

AYES - Bishop, Clark, Crescimbeni, Joost, Lee, Shad, Yarborough, ( 7 )

_____________________

 

2.    2011-255   A RESOLUTION CONFIRMING THE SHERIFF'S APPOINTMENT OF DARRYL R. DANIELS, AS CHIEF OF PROFESSIONAL STANDARDS DIVISION, IN THE OFFICE OF THE SHERIFF, PURSUANT TO SECTION 37.110, ORDINANCE CODE; PROVIDING A RETROACTIVE APPOINTMENT AND CONFIRMATION; PROVIDING AN EFFECTIVE DATE; 5/2/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: June 06, 2011

 

Recommend to APPROVE.

 

AYES - Bishop, Clark, Crescimbeni, Joost, Lee, Shad, Yarborough, ( 7 )

_____________________

 

3.    2011-289   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF CHARLIE TOMM, A NON DUVAL COUNTY RESIDENT, TO THE BETTER JACKSONVILLE PLAN FINANCIAL ADMINISTRATION COMMISSION, AS A PRIVATE CITIZEN, REPLACING DANIEL M. EDELMAN, PURSUANT TO CHAPTER 761, SECTION 107, ORDINANCE CODE, FOR A FIRST FULL TERM TO EXPIRE MARCH 31, 2016; PROVIDING FOR A NON-RESIDENT OF DUVAL COUNTY WITH SUBSTANTIAL ECONOMIC BUSINESS INTERESTS TO BE SEATED ON THE BETTER JACKSONVILLE PLAN FINANCIAL ADMINISTRATION COMMISSION; PROVIDING AN EFFECTIVE DATE; 5/2/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: June 06, 2011

 

Recommend to APPROVE.

 

AYES - Bishop, Clark, Crescimbeni, Joost, Lee, Shad, Yarborough, ( 7 )

_____________________

 

4.    2011-167   AN ORDINANCE REGARDING CHAPTER 602 (ETHICS CODE), PART 9 (ETHICS COMMISSION), ORDINANCE CODE, REPEALING THE EXISTING PART 9 OF CHAPTER 602; CREATING A NEW PART 9 (ETHICS COMMISSION) OF CHAPTER 602 (ETHICS CODE) TO IMPLEMENT THE SECTION 1.202, CHARTER OF THE CITY OF JACKSONVILLE AS AMENDED BY ORDINANCE 2010-616-E; PROVIDING FOR TRANSITION; PROVIDING AN EFFECTIVE DATE; 3/14/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: June 06, 2011

 

Recommend to SUBSTITUTE and APPROVE.

 

AYES - Bishop, Clark, Crescimbeni, Joost, Lee, Shad, Yarborough, ( 7 )

_____________________

 

5.    2011-184   AN ORDINANCE APPROPRIATING $495,112.88 BY MOVING FUNDS FROM THE MONCRIEF CREEK FLOOD CONTROL PROJECT, THE RIVERVIEW DRAINAGE IMPROVEMENTS PROJECT, AND THE VC JOHNSON DRAINAGE IMPROVEMENTS PROJECT TO THE LINCOLN VILLAS DRAINAGE IMPROVEMENT PROJECT IN ORDER TO ENSURE THAT ADEQUATE FUNDING IS IN PLACE FOR CONSTRUCTION OF PHASE 2 OF THE LINCOLN VILLAS DRAINAGE IMPROVEMENT PROJECT, AS INITIATED BY B.T. 11-063; PROVIDING FOR A CARRYOVER OF FUNDS TO FISCAL YEAR 2011-2012; AMENDING THE 2011-2015 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2010-558-E TO INCREASE FUNDING FOR THE PROJECT ENTITLED "LINCOLN VILLAS DRAINAGE" AND TO REDUCE FUNDING FOR THE PROJECTS ENTITLED "MONCRIEF CREEK FLOOD CONTROL", RIVERVIEW DRAINAGE IMPROVEMENTS" AND "VC JOHNSON DRAINAGE IMP"; PROVIDING FOR AN EFFECTIVE DATE; 4/4/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: April 05, 2011

 

Recommend be READ for the SECOND time and REREFERRED to the Committee(s) of reference.

 

REPORT OF THE COMMITTEE ON RULES: June 06, 2011

 

Recommend  to WITHDRAW.

 

AYES - Bishop, Clark, Crescimbeni, Joost, Lee, Shad, Yarborough, ( 7 )

_____________________

 

6.    2011-191   A RESOLUTION CONCERNING THE APPEAL BY FIRST FLORIDA CREDIT UNION F/K/A SEABOARD CREDIT UNION OF A DECISION OF THE 911 EMERGENCY ADDRESSING ADVISORY COMMITTEE TO RE-ASSIGN AN OUT OF SEQUENCE ADDRESS NUMBER CURRENTLY LOCATED AT 4230 SOUTHPOINT PARKWAY AND ASSIGNING A NEW ADDRESS TO BE LOCATED AT 7026 SOUTHPOINT PARKWAY IN COUNCIL DISTRICT 4, PURSUANT TO SECTIONS 745.221-745.223, ORDINANCE CODE AND THE CITY OF JACKSONVILLE ADDRESSING AND STREET NAMING POLICY; ADOPTING RECOMMENDED FINDINGS AND CONCLUSIONS OF THE TRANSPORTATION, ENERGY  AND UTILITIES COMMITTEE; DIRECTION TO LEGISLATIVE SERVICES; PROVIDING AN EFFECTIVE DATE; 4/4/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: May 16, 2011

 

The Chair OPENED the Public Hearing and extended the Privilege of the Floor to anyone in the audience desiring to address the Committee.  The Chair CLOSED the Public Hearing.

 

Recommend to AMEND and APPROVE.

 

REPORT OF THE COMMITTEE ON RULES: June 06, 2011

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Clark, Crescimbeni, Joost, Lee, Shad, Yarborough, ( 7 )

_____________________

 

7.    2011-197   AN ORDINANCE REGARDING CHAPTER 602 (ETHICS CODE), PURSUANT TO ORDINANCE 2010-616-E; CREATING AND ESTABLISHING A NEW PART 6 (OFFICE OF ETHICS, COMPLIANCE AND OVERSIGHT), TO ESTABLISH AN OFFICE OF ETHICS, COMPLIANCE AND OVERSIGHT TO COORDINATE ETHICS TRAINING, COMPLIANCE, AND OVERSIGHT ISSUES AND TO STAFF THE ETHICS COMMISSION; PROVIDING AN EFFECTIVE DATE; 4/4/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: April 05, 2011

 

Recommend be READ for the SECOND time and REREFERRED to the Committee(s) of reference.

 

REPORT OF THE COMMITTEE ON RULES: June 06, 2011

 

Recommend to SUBSTITUTE and APPROVE.

 

AYES - Bishop, Clark, Crescimbeni, Joost, Shad, Yarborough, ( 6 )

 

NAYS - Lee, ( 1 )

_____________________

 

8.    2011-232   AN ORDINANCE REGARDING CHAPTERS 601 (OFFENSES AGAINST OPERATIONS OF GOVERNMENT) AND 602 (ETHICS CODE), ORDINANCE CODE, REORGANIZING AND RENUMBERING EXISTING PARTS AND SECTIONS, AND REPEALING AND REENACTING OTHER PARTS AND SECTIONS, FOR TRANSPARENCY AND ORGANIZATIONAL PURPOSES; PROVIDING AN EFFECTIVE DATE; 4/18/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: June 06, 2011

 

Recommend to APPROVE.

 

AYES - Bishop, Crescimbeni, Joost, Shad, Yarborough, ( 5 )

 

NAYS - Lee, ( 1 )

_____________________

 

9.    2011-302   AN ORDINANCE REGARDING HONORARY STREET NAMING DESIGNATION AND ASSOCIATED ROADWAY MARKER; ESTABLISHING AN HONORARY STREET DESIGNATION ON THE SOUTHWEST CORNER OF EDGEWOOD AVENUE WEST AND REED STREET FOR REVEREND DR. LANDON L. WILLIAMS SR.; PROVIDING FOR THE INSTALLATION OF ONE HONORARY ROADWAY MARKER AT THE SOUTHWEST CORNER OF EDGEWOOD AVENUE WEST AND REED STREET IN COUNCIL DISTRICT 8; PROVIDING FOR CONFORMANCE WITH PART I (GENERAL PROVISIONS) OF CHAPTER 745, ORDINANCE CODE (ADDRESSING AND STREET NAMING REGULATIONS) ORDINANCE CODE; WAIVING THE REQUIREMENTS OF SECTION 745.105(e)(2), ORDINANCE CODE, REGARDING PERSONS AFTER WHOM HONORARY STREET DESIGNATION MAY BE NAMED; DIRECTING LEGISLATIVE SERVICES TO FORWARD THE ORDINANCE TO THE PLANNING AND DEVELOPMENT DEPARTMENT; PROVIDING AN EFFECTIVE DATE; 5/16/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: June 06, 2011

 

Recommend to APPROVE.

 

AYES - Bishop, Crescimbeni, Lee, Yarborough, ( 4 )

_____________________

 

10.    2011-304   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, THE NORTHERLY 500.31 FEET OF FISH ROAD WEST, AN OPENED AND IMPROVED RIGHT-OF-WAY IN COUNCIL DISTRICT 8 (THE "SUBJECT PROPERTY"), DEEDED TO THE CITY AS RECORDED IN DEED BOOK 1627, PAGES 468 AND 470, OF THE OFFICIAL PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AT THE REQUEST OF JONES ROAD LANDFILL AND RECYCLING, LTD. ("APPLICANT"); DECLARING THE SUBJECT PROPERTY TO BE SURPLUS TO THE NEEDS OF THE CITY; WAIVING SECTION 122.423, ORDINANCE CODE, TO AUTHORIZE THE MAYOR TO CONVEY THE SUBJECT PROPERTY TO APPLICANT FOR THE APPRAISED VALUE OF $4,000 IN ORDER FOR APPLICANT TO BE IN COMPLIANCE WITH ZONING EXCEPTION E-07-40; RESERVING AN ALL UTILITIES EASEMENT OVER THE SUBJECT PROPERTY IN THE NAME OF THE CITY AND JEA; PROVIDING AN EFFECTIVE DATE; 5/16/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: June 06, 2011

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Crescimbeni, Joost, Lee, Yarborough, ( 5 )

_____________________

 

11.    2011-310   A RESOLUTION REAPPOINTING FREDERICK R. POZIN AS A MEMBER OF THE DUVAL COUNTY TOURIST DEVELOPMENT COUNCIL, AS A REPRESENTATIVE OF THE TOURIST ACCOMMODATION INDUSTRY, PURSUANT TO CHAPTER 70, ORDINANCE CODE, AND SEC. 125.0104, FLORIDA STATUTES, FOR A SECOND FULL TERM ENDING JUNE 30, 2015; PROVIDING AN EFFECTIVE DATE; 5/16/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: June 06, 2011

 

Recommend to APPROVE.

 

AYES - Bishop, Crescimbeni, Joost, Lee, Yarborough, ( 5 )

_____________________

 

12.    2011-311   A RESOLUTION CONFIRMING THE MAYOR'S REAPPOINTMENT OF JIM BAILEY, JR., A DUVAL COUNTY RESIDENT, TO THE DOWNTOWN DEVELOPMENT REVIEW BOARD, PURSUANT TO SECTION 656.361.7, ORDINANCE CODE, AS A DOWNTOWN OWNER REPRESENTATIVE FOR A THIRD FULL TERM TO EXPIRE JUNE 30, 2013; PROVIDING AN EFFECTIVE DATE; 5/16/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: June 06, 2011

 

Recommend to APPROVE.

 

AYES - Bishop, Crescimbeni, Joost, Lee, Yarborough, ( 5 )

_____________________

 


13.    2011-313   A RESOLUTION APPOINTING WARREN T. ALVAREZ, AS A MEMBER OF THE JACKSONVILLE INTERNATIONAL AIRPORT REDEVELOPMENT AGENCY BOARD, REPLACING RICHARD L. BERRY AS THE SCHOOL BOARD DISTRICT 6 REPRESENTATIVE, PURSUANT TO ORDINANCE 90-409-293, FOR A FIRST TERM BEGINNING JULY 1, 2011, AND EXPIRING JUNE 30, 2015; PROVIDING A PROSPECTIVE APPOINTMENT AND CONFIRMATION; PROVIDING AN EFFECTIVE DATE; 5/16/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: June 06, 2011

 

Recommend to APPROVE.

 

AYES - Bishop, Crescimbeni, Joost, Lee, Yarborough, ( 5 )

_____________________

 

14.    2011-324   AN ORDINANCE REGARDING THE DUVAL COUNTY COURTHOUSE FACILITIES PROJECT ("COURTHOUSE"); APPROPRIATING $629,000 FROM THE ART IN PUBLIC PLACES ACCOUNT TO PROVIDE ART FOR THE COURTHOUSE, AS INITIATED BY B.T. 11-043; PROVIDING A CARRYOVER OF FUNDS FROM YEAR TO YEAR UNTIL DISBURSED FOR THE PURCHASE AND INSTALLATION OF ARTWORK FOR THE COURTHOUSE IN ACCORDANCE WITH THE CITY'S PROCEDURES SET FORTH IN PART 9 (ART IN PUBLIC PLACES), CHAPTER 126 (PROCUREMENT CODE), ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE

 

Recommend to WITHDRAW.

 

AYES - Bishop, Crescimbeni, Joost, Lee, ( 4 )

_____________________

 

15.    2011-338   A RESOLUTION CONGRATULATING THE ORDER OF THE KNIGHTS OF PYTHAGORAS, THE GRAND YOUTH PALACE HOJ AND THE OES STARLIGHTS ON The ANNUAL YOUTH GRAND SESSION IN JACKSONVILLE, JUNE 10-12, 2011; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

AYES - Bishop, Crescimbeni, Joost, Lee, ( 4 )

_____________________

 

16.    2011-348   A RESOLUTION MOURNING THE PASSING AND CELEBRATING THE LIFE OF TUSKEGEE AIRMAN AND CONGRESSIONAL GOLD MEDAL RECIPIENT WILLIAM STOCKTON SURCEY; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

AYES - Bishop, Crescimbeni, Joost, Lee, ( 4 )

_____________________

 

17.    2011-350   AN ORDINANCE CONCERNING A CONTINUATION GRANT; REALLOCATING $39,852.55 IN FEDERAL GRANT FUNDING IN ORDER TO COVER PAYROLL EXPENDITURES COINCIDENT TO THE EXTENSION TO DECEMBER 31, 2011, OF THE CONTRACT BETWEEN THE FLORIDA DEPARTMENT OF CORRECTIONS AND THE CITY OF JACKSONVILLE, AS INITIATED BY B.T. 11-097; PROVIDING A CARRYOVER OF FUNDS TO FISCAL YEAR 2011-2012; AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY, THAT CERTAIN CONTRACT AMENDMENT BETWEEN THE DEPARTMENT OF CORRECTIONS AND THE CITY OF JACKSONVILLE, AND TAKE SUCH ACTION AS IS NECESSARY TO EFFECTUATE THE PURPOSE OF THIS ORDINANCE; REQUESTING EMERGENCY PASSAGE; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE as an EMERGENCY measure.

 

AYES - Bishop, Crescimbeni, Joost, Lee, ( 4 )

_____________________

 

18.    2011-352   A RESOLUTION CONGRATULATING THE REVEREND DOCTOR WILLIAM LAVANT ON THE OCCASION OF HIS 30TH ANNIVERSARY AS PASTOR OF NEW BETHEL MISSIONARY BAPTIST CHURCH; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

AYES - Bishop, Crescimbeni, Joost, Lee, ( 4 )

_____________________

 

19.    2011-362   A RESOLUTION HONORING AND CONGRATULATING THE MALIVAI WASHINGTON KIDS FOUNDATION ON 15 YEARS OF SERVICE TO THE COMMUNITY; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

AYES - Bishop, Crescimbeni, Joost, Lee, ( 4 )

_____________________

 

 

2ND READINGS

 

20.    2011-323   AN ORDINANCE REPEALING ORDINANCE 2009-355-E TO MODIFY THE STANDARD POLICE STOP-STATION AGREEMENT CONTAINED THEREIN AND TO ALLOW FOR THE CITY ON BEHALF OF THE JACKSONVILLE SHERIFF'S OFFICE ("JSO") TO ENTER INTO POLICE SUB-STATION AGREEMENTS WITHOUT FURTHER COUNCIL ACTION SO LONG AS CERTAIN TERMS AND CONDITIONS RELATING TO RENTAL PAYMENTS, TERM, INDEMNIFICATION AND INSURANCE ARE CONTAINED THEREIN AND SAID AGREEMENT HAS BEEN REVIEWED AND APPROVED BY THE OFFICE OF GENERAL COUNSEL; APPROVING, AND AUTHORIZING THE SHERIFF, OR HIS DESIGNEE, TO EXECUTE THE STANDARD POLICE STOP-STATION AGREEMENTS AND POLICE SUB-STATION AGREEMENTS MEETING THE REQUIREMENTS OF THIS ORDINANCE WITHOUT FURTHER COUNCIL ACTION; PROVIDING FOR AN EFFECTIVE DATE

_____________________

 

21.    2011-326   AN ORDINANCE CONCERNING A CONTINUATION GRANT; APPROPRIATING $501,568.90 IN PROGRAM INCOME RECEIVED FROM LOAN REPAYMENTS TO PROVIDE FUNDING TO THE NEIGHBORHOOD STABILIZATION PROGRAM (NSP) ADMINISTRATION STRATEGY ($130,156.89) AND TO THE NSP FINANCING MECHANISMS STRATEGY ($371,412.01), AS INITIATED BY B.T. 11-083; PROVIDING A CARRYOVER OF FUNDS FROM YEAR TO YEAR UNTIL SUCH FUNDS ARE EXPENDED OR LAPSE ACCORDING TO THE ORIGINATING STATE OR FEDERAL PROGRAM GRANT; PROVIDING AN EFFECTIVE DATE

_____________________

 

22.    2011-330   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, THE INTERIM LEASE EXTENSION AGREEMENT BETWEEN THE CITY OF JACKSONVILLE ("CITY") AND GATEWAY CENTER ECONOMIC DEVELOPMENT PARTNERSHIP, LTD. FOR LEASE OF SPACE NO. 23-2 LOCATED AT 5200-2 NORWOOD AVENUE FOR AN ADDITIONAL SIX MONTHS, COMMENCING OCTOBER 1, 2011, AND EXPIRING ON MARCH 31, 2012, WITH OPTIONS TO RENEW AND EXTEND THE TERM ON A MONTH TO MONTH BASIS FOR 54 SUCCESSIVE MONTHLY RENEWAL TERMS; PROVIDING AN EFFECTIVE DATE

_____________________

 

23.    2011-331   AN ORDINANCE APPROVING INTERLOCAL AGREEMENT, AND AUTHORIZING THE MAYOR OR DESIGNEE AND CORPORATION SECRETARY, TO EXECUTE AN INTERLOCAL WITH THE CITY OF ATLANTIC BEACH FOR BUILDING INSPECTION SERVICES; PROVIDING AN EFFECTIVE DATE

_____________________

 

24.    2011-333   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF JOHN E. ANDERSON, A DUVAL COUNTY RESIDENT, REPLACING HERSCHEL T. VINYARD, TO THE JACKSONVILLE PORT AUTHORITY, PURSUANT TO ARTICLE 5 (JACKSONVILLE PORT AUTHORITY), RELATED LAWS, FOR A FIRST FULL TERM TO EXPIRE SEPTEMBER 30, 2013; PROVIDING AN EFFECTIVE DATE

_____________________

 

25.    2011-334   A RESOLUTION CONFIRMING THE MAYOR'S REAPPOINTMENT OF LEONARD "LENNY" B. CURRY, A DUVAL COUNTY RESIDENT, TO THE JACKSONVILLE HOUSING AND COMMUNITY DEVELOPMENT COMMISSION, PURSUANT TO SECTION 55.203, ORDINANCE CODE, FOR A SECOND FULL TERM ENDING NOVEMBER 30, 2014; PROVIDING AN EFFECTIVE DATE

_____________________

 

26.    2011-335   A RESOLUTION CONFIRMING THE MAYOR'S REAPPOINTMENT OF CHARLES SPENCER, A DUVAL COUNTY RESIDENT, TO THE JACKSONVILE HOUSING AND COMMUNITY DEVELOPMENT COMMISSION, PURSUANT TO SECTION 55.203, ORDINANCE CODE, FOR A SECOND FULL TERM TO EXPIRE NOVEMBER 30, 2014; PROVIDING AN EFFECTIVE DATE

_____________________

 

27.    2011-336   A RESOLUTION CONFIRMING THE MAYOR'S REAPPOINTMENT OF DAVID B. CASE, A DUVAL COUNTY RESIDENT, AS AN ARCHITECT REPRESENTATIVE, TO THE HISTORIC PRESERVATION COMMISSION, PURSUANT TO CHAPTER 76, ORDINANCE CODE, FOR A SECOND FULL TERM TO EXPIRE MARCH 4, 2014; PROVIDING AN EFFECTIVE DATE

_____________________

 

28.    2011-337   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF MICHELLE B. BARNETT, A DUVAL COUNTY RESIDENT, TO THE JACKSONVILLE HOUSING AUTHORITY, REPLACING A. JAY PLOTKIN, PURSUANT TO CHAPTER 51A, ORDINANCE CODE, FOR A FIRST FULL TERM TO EXPIRE SEPTEMBER 16, 2014; PROVIDING AN EFFECTIVE DATE

_____________________

 

29.    2011-339   A RESOLUTION APPOINTING KRISTANNA B. "KRIS" BARNES AS A MEMBER OF THE 2009, 2010 AND 2011 VALUE ADJUSTMENT BOARDS, AS A CITIZEN MEMBER OWNING HOMESTEAD PROPERTY, PURSUANT TO SECTION 194.015, FLORIDA STATUTES, REPLACING JASON CALDOW ON THE 2009 AND 2010 VALUE ADJUSTMENT BOARDS, FOR TERMS CONCLUDING WITH THE FINAL BOARD HEARING FOR THE TAX YEAR; PROVIDING AN EFFECTIVE DATE

_____________________

 

30.    2011-349   AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE AN AMENDED AND RESTATED AGREEMENT  WITH REPUBLIC SERVICES OF FLORIDA LIMITED PARTNERSHIP, D/B/A SOUTHLAND WASTE SYSTEMS OF JACKSONVILLE ("SOUTHLAND WASTE"), TO PROVIDE FOR AUTOMATED SERVICES AND TO EXTEND THE TERM FOR FIVE YEARS; TO EXECUTE A FIRST AMENDMENT TO THE EXISTING RECYCLING CONTRACT WITH REPUBLIC SERVICES OF FLORIDA, D/B/A SOUTHLAND RECYCLING SERVICES ("SOUTHLAND RECYCLING") TO EXTEND THE TERM FOR SIX YEARS; TO AMEND THE CITY ORDINANCE CODE TO PROVIDE FOR CHANGES RELATED TO AUTOMATED SERVICES, AS SET FORTH ON EXHIBIT 3; WAIVING CONFLICTING PORTIONS OF SECTION 126.202 (COMPETITIVE SEALED BID), ORDINANCE CODE; AND WAIVING CONFLICTING PORTIONS OF SECTION 382.308 (PROCUREMENT OF WASTE SERVICES), ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE

_____________________

 

31.    2011-351   AN ORDINANCE AMENDING CHAPTER 122 (PUBLIC BUILDINGS), SECTION 122.102 (NAMING OF PUBLIC FACILITIES REGULATED), ORDINANCE CODE, SO AS TO PROHIBIT THE USE OF THE NAMES OF CONSOLIDATED GOVERNMENT OFFICERS OR EMPLOYEES TO IDENTIFY PUBLIC BUILDINGS OR OFFICES OF THE CONSOLIDATED GOVERNMENT; RECOGNIZING THE EXERCISE OF COUNTY POWERS; PROVIDING AN EFFECTIVE DATE

_____________________

 

32.    2011-357   AN ORDINANCE REGARDING AN HONORARY STREET DESIGNATION; ESTABLISHING AN HONORARY STREET DESIGNATION AND INSTALLATION OF A ROADWAY MARKERS ON SOUTEL DRIVE FROM US1 TO SIBBALD ROAD, ALONG THE SOUTHEAST SIDE OF SOUTEL DRIVE IN COUNCIL DISTRICT 8; HONORING AND RECOGNIZING THE ACHIEVEMENTS OF RONALD C. ELPS; PROVIDING FOR CONFORMANCE WITH PART I (GENERAL PROVISIONS) OF CHAPTER 745, (ADDRESSING AND STREET NAMING REGULATIONS) ORDINANCE CODE; WAIVING THE REQUIREMENTS OF SECTION 745.105(e)(2), ORDINANCE CODE, REGARDING PERSONS AFTER WHOM HONORARY STREET DESIGNATION MAY BE NAMED; DIRECTING LEGISLATIVE SERVICES TO FORWARD ORDINANCE TO THE PLANNING AND DEVELOPMENT DEPARTMENT; PROVIDING AN EFFECTIVE DATE

_____________________

 

33.    2011-358   AN ORDINANCE APPROPRIATING $449,470 FROM SOUTEL/MONCRIEF CRA TID FOR DESIGN AND ENGINEERING FOR UTILITY, SEWER AND DRAINAGE EXPANSION ON US-1 FROM I-295 TO 14TH STREET AND IN THE LONNIE MILLER PARK AREA, LOCATED AT 7689 PRICE LANE, JACKSONVILLE, FLORIDA, IN COUNCIL DISTRCIT 10; PROVIDING AN EFFECTIVE DATE

_____________________

 

34.    2011-360   A RESOLUTION CONFIRMING THE MAYOR'S REAPPOINTMENT OF J. RICHARD MOORE, A DUVAL COUNTY RESIDENT, AS A HISTORY REPRESENTATIVE TO THE HISTORIC PRESERVATION COMMISSION, PURSUANT TO CHAPTER 76, ORDINANCE CODE, FOR A SECOND FULL TERM TO EXPIRE MARCH 4, 2014; PROVIDING AN EFFECTIVE DATE

_____________________

 

35.    2011-361   AN ORDINANCE DECLARING CITY OF JACKSONVILLE FEE SIMPLE PARCELS IDENTIFIED AS REAL ESTATE NUMBERS 074828-0000, 074829-0000, 074830-0000, 074832-0000; 074834-0000, 074836-0000, 074837-0000, 074838-0000, 074839-0000, 074840-0000, 074843-0000, 074844-0000, 074846-0000, AND 074859-0000, LOCATED IN COUNCIL DISTRICT 9, TO BE SURPLUS TO THE NEEDS OF THE CITY; AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE A LAND CONVEYANCE AGREEMENT ALL RELATED CLOSING DOCUMENTS CONVEYING FEE SIMPLE TITLE TO SUCH PARCELS FROM THE CITY OF JACKSONVILLE TO THE JACKSONVILLE TRANSPORTATION AUTHORITY (JTA) FOR USE IN THE REGIONAL TRANSPORTATION CENTER (RTC) AT NO COST IN LIEU OF A $5 MILLION CASH CONTRIBUTION FROM THE CITY OF JACKSONVILLE TO THE RTC PROJECT; WAIVING THE PROVISIONS OF SECTION 122.424 (APPRAISAL/ASSESSED VALUE OVER $25,000), ORDINANCE CODE, TO ALLOW CONVEYANCE OF SAID PARCELS OF REAL PROPERTY TO JTA AT NO COST; AMENDING THE 2011-2015 FIVE YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2010-558-E TO DELETE THE PROJECT ENTITLED "JRTC (JACKSONVILLE REGIONAL TRANSPORTATION CENTER) BUS"; PROVIDING AN EFFECTIVE DATE

_____________________

 


36.    2011-365   AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SETTLEMENT AGREEMENT ("SETTLEMENT AGREEMENT") BETWEEN THE CITY OF JACKSONVILLE ("CITY"), THE JACKSONVILLE ECONOMIC DEVELOPMENT COMMISSION ("JEDC"), AND PROJECT RIVERWATCH, LLC ("RIVERWATCH") TO PROVIDE FOR (I) THE RELEASE OF THE PARTIES' MUTUAL OBLIGATIONS UNDER A 2007 DEVELOPMENT AGREEMENT BETWEEN THE CITY AND RIVERWATCH REQUIRING RIVERWATCH TO CONSTRUCT A PARKING GARAGE AT THE SOUTHEAST CORNER OF THE INTERSECTION OF BAY AND HOGAN STREETS AND REQUIRING THE CITY TO PROVIDE $3.5 MILLION IN INCENTIVES UPON THE COMPLETION OF SUCH GARAGE AND OVER $2 MILLION IN ADDITIONAL INCENTIVES THEREAFTER FOR A PARKING VALIDATION PROGRAM TO BENEFIT JACKSONVILLE LANDING PATRONS, (II) RIVERWATCH'S CONVEYANCE TO THE CITY, AT NO COST TO THE CITY, OF THE "SISTER CITIES PARCEL" THAT THE CITY PREVIOUSLY CONVEYED TO RIVERWATCH'S PREDECESSOR HUMANA MEDICAL PLAN, INC. IN 2002, AND (III) THE CITY'S DISMISSAL WITH PREJUDICE OF ITS PENDING DUVAL COUNTY CIRCUIT COURT CASE AGAINST RIVERWATCH FOR FAILING TO CONSTRUCT THE PARKING GARAGE, IN CONSIDERATION FOR THE FOREGOING MUTUAL RELEASES AND PROPERTY CONVEYANCE TO THE CITY, AND IN LIGHT OF THE DEFENDANT RIVERWATCH'S RECEIVERSHIP IN MINNESOTA FEDERAL COURT WITH NUMEROUS COMPETING CREDITORS' CLAIMS AND THE MINNESOTAL FEDERAL COURT'S STAY OF THE CITY'S UNSECURED CLAIM PENDING RESOLUTION OF THE COMPETING CREDITORS' CLAIMS; AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATING TO THE ABOVE SETTLEMENT AGREEMENT AND TRANSACTION, AND AUTHORIZING TECHNICAL CHANGES TO THE DOCUMENTS; DESIGNATING THE JEDC AS CONTRACT MONITOR; PROVIDING AN EFFECTIVE DATE.

 

 

_____________________

 

37.    2011-366   AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE (I} THE ECONOMIC DEVELOPMENT AGREEMENT ("PARADOR AGREEMENT") BETWEEN THE CITY OF JACKSONVILLE ("CITY") AND DEVELOPER PARADOR PARTNERS, LLC ("PARADOR"), AND (II) THE RESTRICTIVE COVENANTS AND PARKING RIGHTS AGREEMENT, OPTION AGREEMENT AND RELATED DOCUMENTS DESCRIBED IN THE PARADOR AGREEMENT, FOR THE PURPOSE OF STRENGTHENING THE URBAN CORE BY PROVIDING ADDITIONAL DOWNTOWN PARKING FOR OFFICE, RETAIL AND VISITATION USES, INCLUDING BY RESERVING SHORT TERM PARKING SPACES FOR THE BENEFIT OF LANDING RETAIL ESTABLISHMENT PATRONS AND OTHER MEMBERS OF THE GENERAL PUBLIC IN A NEW APPROXIMATELY 500-SPACE PARKING GARAGE ("PARADOR GARAGE") TO SERVE THE ADJACENT SUNTRUST BUILDING AND PROVIDE PUBLIC PARKING FOR AREA RETAIL ESTABLISHMENTS INCLUDING THE LANDING, WHICH GARAGE WILL BE CONSTRUCTED BY PARADOR ON THE PARCEL OF LAND LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF BAY AND HOGAN STREETS IN DOWNTOWN JACKSONVILLE; AUTHORIZING THE APPROPRIATION OF $3.5 MILLION FOR A CITY GRANT TO PARADOR UPON THE OPENING OF THE PARADOR GARAGE; AUTHORIZING A PARKING VALIDATION PROGRAM GRANT ("PARKING VALIDATION PROGRAM") TO ENABLE PARADOR TO PROVIDE PARKING DISCOUNTS TO LANDING RETAIL ESTABLISHMENT PATRONS WHO PARK IN THE PARADOR GARAGE, WITH THE CITY CONTRIBUTING UP TO $132,250 PER YEAR BEGINNING IN THE SIXTH YEAR AFTER THE OPENING OF THE PARADOR GARAGE AND CONTINUING UNTIL MARCH 13, 2031, FOR A TOTAL AGGREGATE MAXIMUM CITY GRANT OF $1,587,000 FOR THE PARKING VALIDATION PROGRAM, PROVIDED HOWEVER THAT THE PARKING VALIDATION PROGRAM IS CONTINGENT UPON (A) THE APPROVAL OF THE PARADOR AGREEMENT BY JACKSONVILLE LANDING INVESTMENTS, LLC ("JLI"), THE CURRENT TENANT UNDER THE DISPOSITION, DEVELOPMENT AND LEASE AGREEMENT DATED OCTOBER 3, 1985 BETWEEN THE CITY AND JLI'S PREDECESSOR, AS AMENDED, FOR THE LEASE OF THE LANDING UNDERLYING AND SURROUNDING THE LANDING BUILDINGS ("LANDING LEASE"), AND (B) JLI'S RELEASE OF ITS PRESENT RIGHT TO CONSTRUCT ITS OWN PARKING GARAGE IN A DEFINED AREA OF DOWNTOWN AND RECEIVE SIMILAR CITY INCENTIVES PURSUANT TO THE TERMS OF THE SIXTH AMENDMENT TO THE LANDING LEASE DATED FEBRUARY 8, 2007; AUTHORIZING THE CITY TO GRANT PARADOR A FIVE-YEAR OPTION TO PURCHASE THE "SISTER CITIES PARCEL" LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF BAY AND WATER STREETS, PURSUANT TO THE TERMS OF THE OPTION AGREEMENT ("OPTION AGREEMENT") ATTACHED TO THE PARADOR AGREEMENT, CONTINGENT UPON THE CITY OBTAINING TITLE TO THE SISTER CITIES PARCEL FROM THE CURRENT OWNER, PROJECT RIVERWATCH, LLC, PURSUANT TO A PROPOSED SETTLEMENT AGREEMENT BETWEEN THE CITY AND PROJECT RIVERWATCH, LLC, TO BE AUTHORIZED IN SEPARATE LEGISLATION BEING FILED CONTEMPORANEOUSLY HEREWITH; WAIVING SECTIONS 122.431 THROUGH 122.434, ORDINANCE CODE, REQUIRING ONE OR MORE APPRAISALS BEFORE SELLING ANY CITY PROPERTY LOCATED IN A COMMUNITY REDEVELOPMENT AREA, INCLUDING THE DOWNTOWN AREA, AND FURTHER REQUIRING NOTICE TO THE CITY COUNCIL PRIOR TO ADVERTISING FOR ANY PROPOSALS AND SEPARATE NOTICE TO CITY COUNCIL NOT LESS THAN 30 DAYS PRIOR TO ACCEPTANCE OF ANY SUCH PROPOSALS; PROVIDING THAT THE REASON FOR THE FOREGOING WAIVER IS THAT (A) THE SALE OF THE SISTER CITIES PARCEL IS PURSUANT TO THE OPTION AGREEMENT APPROVED BY THIS ORDINANCE, (B) THE SALE WILL BE ADMINISTERED BY THE JEDC, (C) THE SALE IS CONTINGENT UPON PARADOR'S READINESS TO DEVELOP AT LEAST A TWO-STORY STRUCTURE ON THE PARCEL AND ADJACENT LAND, AND (D) THE COMMUNITY REDEVELOPMENT AREA PROPERTY DISPOSITION REQUIREMENTS IN §163.380, FLORIDA STATUTES, WILL BE FOLLOWED, INCLUDING THE NOTICE AND ADVERTISEMENT FOR PROPOSALS REQUIREMENTS CONTAINED THEREIN; PROVIDING FOR THE CARRYOVER OF FUNDS TO FUTURE FISCAL YEARS; AMENDING THE 2011-2015 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2010-558-E TO DE-AUTHORIZE PRIORITY 1 STATUS FOR THE PROJECT "MET PARK REDEVELOPMENT"; AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATING TO THE ABOVE AGREEMENTS AND TRANSACTIONS, AND AUTHORIZING TECHNICAL CHANGES TO THE DOCUMENTS; DESIGNATING THE JEDC AS CONTRACT MONITOR; PROVIDING AN EFFECTIVE DATE.

 

 

_____________________

 

38.    2011-368   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 EVERBANK, FSB ("EVERBANK"), TO SUPPORT THE EXPANSION OF EVERBANK'S OPERATIONS IN JACKSONVILLE, FLORIDA (THE "PROJECT"); RECOMMENDING THAT EVERBANK 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; 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 EVERBANK; 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 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

_____________________