FINANCE COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

OCTOBER 16,2012

 

JOHN CRESCIMBENI, 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, October 16,2012.  The meeting was called to order at 10:00 A.M. by Committee Chair John Crescimbeni. The meeting adjourned at 11:21 A.M.

 

 

 

            Members in Attendance:                                                             Staff Attendance:

 

 CM John Crescimbeni, Chair                                                      Jessica Stephens, Legislative Asst.

             CM Greg Anderson, Vice Chair                                                  Kirk Sherman, Council Auditor

             CM Lori Boyer                                                                          Janice Billy, Sr. Asst. Auditor

             CM Johnny Gaffney                                                                   Jeff Clements, Chief of Research

             CM Bill Gulliford                                                                        Peggy Sidman, General Counsel

             CM Stephen Joost – Arrived 10:05                                            Jessica Deal, Administration

             CM Clay Yarborough                                                                              

                                                                                             

                                                                                                                                                                                          

 

 

 

 

 

 

 

Others in Attendance:

 

CM Love (12-461)

CM Schellenberg (12-501)

Carmen Godwin (12-461)

Kelley Boree (12-461)

 

 

 

 

1.    2012-456   AN ORDINANCE AUTHORIZING THE CHIEF OF REAL ESTATE TO EXECUTE A COMMUNICATION TOWER LEASE BETWEEN TOWERCOM III, LLC, AND CITY OF JACKSONVILLE FOR ALBERTS FIELD LOCATED AT 12073 BRADY ROAD; WAIVING SECTION 122.454 (LEASE FEES) OF SUBPART E (PERMITS FOR COMMUNICATION ANTENNAS AND TOWERS ON CITY PROPERTY), PART 2 (REAL PROPERTY), CHAPTER 122 (PUBLIC PROPERTY), ORDINANCE CODE; PROVIDING FOR A LEASE FEE RATE OF $1,200 PER MONTH AND CO-LOCATION FEE RATE RANGING ON $400 PER MONTH AND $700 PER MONTH, WITH ALL OTHER TERMS OF THE LEASE CONSISTENT WITH THE REQUIREMENTS OF SUBPART E (PERMITS FOR COMMUNICATION ANTENNAS AND TOWERS ON CITY PROPERTY) AND THE MASTER TOWER LEASE AGREEMENT; PROVIDING AN EFFECTIVE DATE; 8/7/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: October 15, 2012

 

Recommend  to WITHDRAW.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: October 15, 2012

 

Recommend  to WITHDRAW.

 

REPORT OF THE COMMITTEE ON FINANCE: October 16, 2012

 

Recommend  to WITHDRAW.

 

AYES - Anderson, Boyer, Crescimbeni, Gaffney, Gulliford, Yarborough, ( 6 )

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2.    2012-461   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY, A MEMORANDUM OF UNDERSTANDING AGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE USE OF RIVERSIDE PARK UNDER THE I-95 OVERPASS; PROVIDING FOR CITY OVERSIGHT BY THE DEPARTMENT OF PUBLIC WORKS; PROVIDING AN EFFECTIVE DATE; 8/7/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 20, 2012

 

Recommend to AMEND and  APPROVE.

 

REPORT OF THE COMMITTEE ON FINANCE: October 16, 2012

 

Recommend to SUBSTITUTE and APPROVE.

 

AYES - Anderson, Boyer, Crescimbeni, Gaffney, Gulliford, Joost, Yarborough, ( 7 )

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3.    2012-501   AN ORDINANCE REGARDING THE MAYOR'S TRANSFER POWER; AMENDING CHAPTER 106 (BUDGET AND ACCOUNTING CODE), PART 3 (APPROPRIATIONS), SECTION 106.304 (MAYOR'S TRANSFER POWER) TO LIMIT THE MAYOR'S TRANSFER POWER TO $50,000 ANNUALLY INTO ANY AGENCY, NONDEPARTMENT, OR DEPARTMENT EXISTING OBJECT LINE ITEM WITHOUT COUNCIL APPROVAL; PROVIDING SECTION 14.03 CHARTER DISCLOSURES; PROVIDING AN EFFECTIVE DATE; 8/21/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: October 15, 2012

 

Recommend to AMEND and  APPROVE.

 

REPORT OF THE COMMITTEE ON FINANCE: October 16, 2012

 

Recommend to AMEND and  APPROVE.

 

AYES - Anderson, Boyer, Crescimbeni, Gaffney, Gulliford, Joost, Yarborough, ( 7 )

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2ND READINGS

 

4.    2012-596   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, A CONSTRUCTION AGREEMENT BETWEEN CSX TRANSPORTATION, INC. ("CSXT") AND THE CITY OF JACKSONVILLE FOR THE INSTALLATION OF A NEW CROSSING SURFACE AND SIGNAL RELOCATION, INCLUDING A TURN LANE EASEMENT (THE "IMPROVEMENTS"), ON CSXT PROPERTY AT DUVAL ROAD (MAX LEGGETT PARKWAY) IN COUNCIL DISTRICT 11, THE COSTS OF SUCH IMPROVEMENTS TO BE BORNE BY SIGNATURE PARKWAY, LLC AND NOT THE CITY OF JACKSONVILLE, AND THE EXECUTION OF THE CONSTRUCTION AGREEMENT BY THE MAYOR, OR HIS DESIGNEE, AND THE CORPORATION SECRETARY TO BE CONDITIONED ON PAYMENT OF SUCH COSTS TO CSXT BY SIGNATURE PARKWAY, LLC.; PROVIDING AN EFFECTIVE DATE

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5.    2012-597   APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, THAT CERTAIN SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE (BOT. NO. 160348022) BETWEEN THE CITY OF JACKSONVILLE AND THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA FOR THE CONSTRUCTION AND OPERATION OF A FIVE (5) SLIP DOCKING FACILITY TO BE USED EXCLUSIVELY FOR THE MOORING OF EMERGENCY AND RESCUE VESSELS IN CONJUNCTION WITH AN UPLAND MUNICIPAL FIRE STATION LOCATED AT 9350 HECKSCHER DRIVE FOR A FIVE-YEAR INITIAL TERM; PROVIDING AN EFFECTIVE DATE

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6.    2012-598   AN ORDINANCE APPROPRIATING $103,500 FROM THE HANDICAPPED PARKING FINES AND FORFEITS TRUST FUND TO THE MILITARY AFFAIRS, VETERANS AND DISABLED SERVICES DEPARTMENT TO PROVIDE FUNDS TO PURCHASE FOOD AND BEVERAGES FOR THE SPIRIT OF ADA EDUCATION AND AWARENESS LUNCHEON, THE 10TH ANNUAL FUN WITH THE SUNS EVENT, PARKING VOLUNTEER QUARTERLY TRAINING, NEW PARKING VOLUNTEER GRADUATION CLASS, THE MAYOR'S DISABILITY COUNCIL ANNUAL RETREAT AND THE ANNUAL ADA SYMPOSIUM, AS INITIATED BY B.T. 12-101; PROVIDING A CARRYOVER OF FUNDS TO FISCAL YEAR 2013-2014; REQUIRING A REPORT TO THE COUNCIL AUDITORS; PROVIDING AN EFFECTIVE DATE

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7.    2012-601   AN ORDINANCE APPROPRIATING $27,000 FROM OFFICE OF ECONOMIC DEVELOPMENT - PERMANENT AND PROBATIONARY SALARIES; APPROVING, AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND THE CORPORATION SECRETARY TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY, AN AGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND DIETRICH PLANNING, LLC TO PRODUCE A HOUSING ELEMENT STUDY AND PLAN UPDATE FOR THE JIA/CRA; INVOKING THE EXCEPTION OF 126.107(G), ORDINANCE CODE, TO AWARD THE CONSULTING SERVICES TO DIETRICH PLANNING, LLC TO PREPARE AN UPDATED COMPLIANT PLAN FOR THE JIA/CRA; PROVIDING FOR OVERSIGHT BY THE PLANNING AND DEVELOPMENT DEPARTMENT; PROVIDING FOR AN EFFECTIVE DATE

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8.    2012-620   AN ORDINANCE SUPPLEMENTING AND AMENDING THE CITY'S SPECIAL REVENUE BOND ORDINANCE 2006-888-E PROVIDING CERTAIN AMENDMENTS THAT WILL ONLY BECOME EFFECTIVE UPON THE CONSENT OF THE HOLDERS OF NOT LESS THAN A MAJORITY OF THE PRINCIPAL AMOUNT OF SPECIAL REVENUE BONDS OUTSTANDING; PROVIDING AUTHORITY FOR THIS ORDINANCE; PROVIDING FOR CERTAIN DEFINITIONS; MAKING CERTAIN FINDINGS; PROVIDING FOR THE MODIFICATION OF THE CALCULATION OF THE CERTIFIED INTEREST RATE; PROVIDING FOR THE DEFINITION OF SUPPLEMENTAL REVENUES; PROVIDING FOR THE MODIFICATION OF THE ANTI-DILUTION TEST; PROVIDING A PROCEDURE FOR EVIDENCING CONSENT AND APPROVAL OF BONDHOLDERS; PROVIDING FOR THE PROVISION OF NOTICE; PROVIDING FOR THE SEVERABILITY OF INVALID PROVISIONS; PROVIDING A REPEALING CLAUSE; AUTHORIZING THE CORPORATION SECRETARY TO PROVIDE NOTICE TO BONDHOLDERS UPON THE EFFECTIVE DATE OF SUCH AMENDMENTS; AND PROVIDING AN EFFECTIVE DATE

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9.    2012-621   AN ORDINANCE OF THE CITY OF JACKSONVILLE, FLORIDA, SUPPLEMENTING ORDINANCE 2006-888-E AUTHORIZING THE ISSUANCE OF ITS SPECIAL REVENUE BONDS, IN ONE OR MORE SERIES IN AN AMOUNT NECESSARY TO PROVIDE FOR THE REFUNDING OF ALL OR A PORTION OF THE CITY'S OUTSTANDING (1) CAPITAL PROJECTS BONDS, (2) EXCISE TAXES BONDS, (3) GUARANTEED ENTITLEMENT BONDS, AND (4) LOCAL GOVERNMENT SALES TAX BONDS; PROVIDING AUTHORITY FOR THIS ORDINANCE; PROVIDING FOR CERTAIN DEFINITIONS; MAKING CERTAIN FINDINGS; PROVIDING THAT THIS ORDINANCE SHALL CONSTITUTE A CONTRACT BETWEEN THE ISSUER AND THE BONDHOLDERS; AUTHORIZING THE MAYOR TO AWARD THE SALE OF SAID BONDS ON A LIMITED COMPETITIVE BASIS, ON A NEGOTIATED BASIS, OR AS A PRIVATE PLACEMENT, AS PROVIDED HEREIN; AUTHORIZING THE ACQUISITION OF DEBT SERVICE RESERVE FUND PRODUCTS WITH RESPECT TO SUCH BONDS, IF DEEMED NECESSARY; AUTHORIZING THE ACQUISITION OF CREDIT FACILITIES WITH RESPECT TO SUCH BONDS, IF DEEMED NECESSARY;  AUTHORIZING THE PREPARATION OF PRELIMINARY AND FINAL OFFICIAL STATEMENTS AND/OR OFFERING MEMORANDA WITH RESPECT TO SUCH BONDS; AUTHORIZING THE EXECUTION OF CONTINUING DISCLOSURE UNDERTAKINGS WITH RESPECT TO SUCH BONDS; AUTHORIZING THE DESIGNATION OF A DEPUTY REGISTRAR AND PAYING AGENT AND THE PROVIDERS OF OTHER SERVICES WITH RESPECT TO SUCH BONDS; PROVIDING FOR THE APPLICATION OF SUCH BOND PROCEEDS; AUTHORIZING THE EXECUTION OF A BOND TERMS AGREEMENT WITH RESPECT TO SAID BONDS; PROVIDING CERTAIN ADDITIONAL DETAILS AND AUTHORIZATIONS IN CONNECTION THEREWITH; WAIVING THE PROVISIONS OF SECTION 104.211 (PROCEDURE FOR SALE OF BONDS) OF CHAPTER 104 (BONDS), ORDINANCE CODE, SO AS TO ALLOW FOR THE CITY TO AWARD THE SALE OF SAID BONDS ON A LIMITED COMPETITIVE BASIS, AS A NEGOTIATED SALE, OR AS A PRIVATE PLACEMENT; AND PROVIDING AN EFFECTIVE DATE

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10.    2012-622   AN ORDINANCE OF THE CITY OF JACKSONVILLE, FLORIDA, SUPPLEMENTING ORDINANCE 93-977-1392, AS AMENDED AND SUPPLEMENTED; AUTHORIZING THE ISSUANCE OF ITS CAPITAL IMPROVEMENT REFUNDING REVENUE BONDS, SERIES 2012 (THE "SERIES 2012 BONDS") IN AN AMOUNT NECESSARY TO REFUND ALL OR A PORTION OF THE CITY'S OUTSTANDING (1) CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 1997 (GATOR BOWL PROJECT), (2) CAPITAL IMPROVEMENT REFUNDING AND REVENUE BONDS, SERIES 1998 (STADIUM PROJECT), (3) CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 2002A, (4) CAPITAL IMPROVEMENT AND REFUNDING REVENUE BONDS, SERIES 2002B, AND (5) CAPITAL IMPROVEMENT AND REFUNDING REVENUE BONDS, SERIES 2002C; PROVIDING AUTHORITY FOR THIS ORDINANCE; PROVIDING FOR CERTAIN DEFINITIONS; MAKING CERTAIN FINDINGS; PROVIDING THAT THIS ORDINANCE SHALL CONSTITUTE A CONTRACT BETWEEN THE ISSUER AND THE BONDHOLDERS; AUTHORIZING THE MAYOR TO AWARD THE SALE OF SAID BONDS ON A LIMITED COMPETITIVE BASIS, ON A NEGOTIATED BASIS, OR AS A PRIVATE PLACEMENT, AS PROVIDED HEREIN; AUTHORIZING THE ACQUISITION OF RESERVE ACCOUNT CREDIT FACILITIES WITH RESPECT TO SUCH BONDS, IF DEEMED NECESSARY; AUTHORIZING THE ACQUISITION OF CREDIT FACILITIES WITH RESPECT TO SUCH BONDS, IF DEEMED NECESSARY; AUTHORIZING THE PREPARATION OF PRELIMINARY AND FINAL OFFICIAL STATEMENTS AND/OR OFFERING MEMORANDA WITH RESPECT TO SUCH BONDS; AUTHORIZING THE EXECUTION OF A CONTINUING DISCLOSURE UNDERTAKING WITH RESPECT TO SUCH BONDS; PROVIDING AN ADDITIONAL COVENANT TO ENFORCE AND COLLECT PLEDGED REVENUES; AUTHORIZING THE DESIGNATION OF A DEPUTY REGISTRAR AND PAYING AGENT AND THE PROVIDERS OF OTHER SERVICES WITH RESPECT TO SUCH BONDS; PROVIDING FOR THE APPLICATION OF SUCH BOND PROCEEDS; AUTHORIZING THE EXECUTION OF A BOND TERMS AGREEMENT WITH RESPECT TO SUCH BONDS; PROVIDING CERTAIN ADDITIONAL AUTHORIZATIONS IN CONNECTION THEREWITH; WAIVING THE PROVISIONS OF SECTION 104.211 (PROCEDURE FOR SALE OF BONDS) OF CHAPTER 104 (BONDS), ORDINANCE CODE, SO AS TO ALLOW FOR THE CITY TO AWARD THE SALE OF THE BONDS ON A LIMITED COMPETITIVE BASIS, AS A NEGOTIATED SALE, OR AS A PRIVATE PLACEMENT; AND PROVIDING AN EFFECTIVE DATE

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11.    2012-624   A RESOLUTION AUTHORIZING THE GENERAL COUNSEL AND THE OFFICE OF GENERAL COUNSEL TO COMMENCE LITIGATION TO DETERMINE THE LEGAL VALIDITY OF THE ESTABLISHMENT OF THE POLICE AND FIRE PENSION FUND SENIOR STAFF VOLUNTARY RETIREMENT PLAN; PROVIDING AN EFFECTIVE DATE

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12.    2012-625   A RESOLUTION REGARDING THE JEA; RECOGNIZING THE UNIQUE QUALITY OF OWNING AN ELECTRIC AND WATER AUTHORITY; ENCOURAGING THE MAYOR TO DIRECT THE PROCUREMENT DIVISION TO ISSUE A REQUEST FOR PROPOSAL FOR THE SALE OF JEA; PROVIDING AN EFFECTIVE DATE

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13.    2012-627   AN ORDINANCE APPROPRIATING $160,000 ($100,000 FROM SPECIAL COUNCIL OPERATING CONTENGENCY AND $60,000 FROM CARD ROOM PARI-MUTUAL REVENUES) FOR STATE LOBBYING EFFORTS AS IDENTIFIED BY THE GOVERNMENT RELATIONS AND LEGISLATIVE AFFAIRS SELECT COMMITTEE; PROVIDING AN EFFECTIVE DATE

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14.    2012-628   AN ORDINANCE APPROVING THE SETTLEMENT OF PENDING FEDERAL COURT LITIGATION BETWEEN CERTAIN SPRINGFIELD RESIDENTS AND THE PROPERTY APPRAISER REGARDING ANNOTATIONS OF PROPERTY RECORDS CONCERNING VARIOUS PARCELS AFFECTED BY A CONSENT DECREE ENTERED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA WHICH INVOLVED REMEDIATION OF PROPERTIES CONTAMINATED BY ASH FROM FORMER CITY INCINERATOR SITES (THE "WARNINGS LAWSUIT"); APPROVING AND AUTHORIZING EXECUTION OF A PROPOSED SETTLEMENT AND LIMITED MUTUAL RELEASE AGREEMENT; APPROPRIATING FUNDS FOR PURPOSES OF THE SETTLEMENT; PROVIDING FOR A CARRYOVER OF FUNDS TO FISCAL YEAR 2012-2013; AUTHORIZING THE GENERAL COUNSEL AND HER DESIGNEES TO TAKE ALL FURTHER ACTIONS TO CONCLUDE THE WARNINGS LAWSUIT; PROVIDING AN EFFECTIVE DATE

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