AACN::
RULES COMMITTEE
MEETING MINUTES
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Monday, December 3, 2012 |
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10:00
AM |
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Council
Chambers 1st Floor, City
Hall |
Dana
Farris, Chief
of Legislative Services |
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Clay
Yarborough, Chair |
Legislative
Aide: Marilyn Allen |
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Ray
Holt, Vice Chair |
Attorney:
Peggy Sidman |
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Lori
Boyer |
Council
Auditor: Janice Billy |
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John
Crescimbeni |
Chief
of Research: Jeff Clements |
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Warren
Jones, Arrived 10:28 |
Administration:
Jessica Deal |
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Jim
Love |
Asst.
Auditor: Sean Costigan |
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Robin
Lumb |
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Meeting Convened 10:05
AM Meeting Adjourned 1:05 PM
Attendance:
C/M
Schellenberg (2012-666 & 2012-669) Joe
Whitaker (2012-682)
C/M
Anderson (2012-382) John
Germany (2012-703)
C/M
Carter (2012-666) Lynn
Pappas (2012-703)
Ronnie
Belton (2012-382) Bill
Joyce (2012-703)
Wayne
Young (2012-666)
Mia
Jones
Calvin
Burney (2012-578)
Paul
Crawford (2012-703)
Karen
Nasrallah (2012-703)
Jason
Gabriel (2012-703)
NOTE: The next regular meeting will be held Wednesday, January 2, 2013.
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Item/File
No. |
Title/History |
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1.
2011-400 |
ORD-MC Amend Chapt 121 (Police & Firefighters Pension
Plan), Ord Code; Create New Category of Member - "Group II Member"
Based on Date of Hire on or after 10/1/11; Create New Sec 121.114 (Management
of Investments) re Establishment of Guidelines & References within Code
for Prog of Investments to be Administered by Police & Fire Pension Bd of
Trustees; Estab Prog of Pension Benefits Extended to Group II Members;
Provide for Amend #4 to Restated Agreemt with Police & Fire Pension Bd of
Trustees; Request Emerg Apv. (Germany) (Req of Mayor) 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 |
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6/20/2011 R Read
2nd & Rerefer |
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6/21/2011 CO Comm as a Whole/Emerg/SUBSTITUTED/Approved
10-5 (Clark, Crescimbeni, Fussell, Lee, 2. Redman); 6/21/2011 F Read 2nd & Rerefer |
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3. 6/28/2011 CO PH/SUBSTITUTED/AMENDED/POSTPONED 7/26/11 |
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7/26/2011 CO
POSTPONED 8/9/11 |
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8/9/2011 CO
POSTPONED 8/23/2011 |
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8/23/2011 CO
POSTPONED 10/25/11 |
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10/25/2011 CO
POSTPONED 1/24/2012 |
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1/24/2012 CO
POSTPONED 4/10/2012 |
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4/10/2012 CO
REREFERRED; R, F |
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Bill Summary |
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Fact Sheet WITHDRAW 6-1
(JONES) |
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2.
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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3.
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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4.
2012-213 |
ORD-MC Amend Sec 5.08, City Charter & Council Rules
3.301 & 3.305 & Create Rule 3.306 to allow for Council Apv of Certain
Economic Dev Incentive Legislation after 1 or 2 Readings; Amend Sec 180.105,
Ord Code (Funding of the Duval County Job Opportunity Bank) to Delete
Provisions Requiring Recipients of City Economic Dev Incentives to Contribute
Funds to the Job Opportunity Bank; Auth the Economic Dev Investmt Policy of
the City re Economic Incentives Funded by City; Replacing Former Incentive
Policy; Auth Downtown Historic Preservation & Revitalization Trust Fund
Guidelines; Replacing Former Trust Fund Guidelines. (Rowland) (Req of Mayor) Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601
- 4/10/12 |
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1. 3/27/2012 CO
Introduced: R,F,RCDPHS (Removed PHS per C/P 10/15/12) |
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4/2/2012 R Read
2nd & Rerefer |
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4/3/2012 RCD
Read 2nd & Rerefer; 4/3/2012 F
Read 2nd & Rerefer |
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2. 4/10/2012 CO PH Read 2nd & Rereferred; R, F, RCD |
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Bill
Summary Fact Sheet Previously
Sub/Approved in the Joint Rules, Finance & RCD Comm Meeting on 11/29/12 SUB/APPROVE 6-0 |
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5.
2012-283 |
ORD-MC Repealing ORD 2011-399-E pertaining to var
amendments to General Employees Retiremt Plan; Directing Chief of Leg Svcs to
forward legislation to Municode. (Germany) (Req of Mayor) Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601
- 5/8/12 |
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1. 4/24/2012 CO
Introduced: R,F |
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4/30/2012 R Read
2nd & Rerefer |
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5/1/2012 F Read
2nd & Rerefer |
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2. 5/8/2012 CO PH Read 2nd & Rereferred; R, F |
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Bill
Summary Fact Sheet APPROVE 6-1
(JONES) |
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6.
2012-382 |
ORD Amend Ord 2007-401-E by Approp $30,000,000
($28,000,000 for Constrn & $2,000,000 Contingency) from Duval County
Unified Courthouse Prog to Encumber for/& to Require Build-out of the
State Attorney's Ofc in the Old Fed Courthouse; Request Emerg Apv. (Sidman)
(Req of Mayor) Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601
- 6/26/12, 7/2/12 (per CP), 7/24/12 |
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1. 6/12/2012 CO
Introduced: R,F |
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6/18/2012 R Read
2nd & Rerefer |
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6/19/2012 F Read
2nd & Rerefer |
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2. 6/26/2012 CO PH Contd 7/2/12/ Read 2nd &
Rereferred; R, F |
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3. 7/2/2012 CO PH Contd 7/24/12 |
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7/24/2012 CO PH
Only |
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Bill Summary Council Member Anderson discussed his efforts with the
Council Auditor and Finance Department to ascertain exactly how much is left
in the Better Jacksonville Plan Unified Courthouse Project budget to complete
the courthouse and the State Attorney’s Office - $671,000 in BJP contingency
(can be applied to outstanding courthouse issues) and $26.2 million for the
State Attorney’s Office construction.
CFO Ronnie Belton reported that the administration has no intention of
asking to exceed the $350 million project cap for the Unified Courthouse
Project, is still negotiating with Turner Construction on several outstanding
issues with regard to the courthouse, and is examining the bids for the State
Attorney’s Office to find cost saving mechanisms to get the bids down to the
resources available. DEFER |
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7.
2012-578 |
ORD-MC Amend Chapt 30 (Planning & Dev Dept), Ord Code,
to Combine Current Planning Div & Community Planning Div into one Div to
be Known as Planning Svcs Div; Repealing Part 4 (Community Planning Div) of
Chapt 30. (Sidman) (Introduced by CM Crescimbeni) Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601
- 10/9/12 |
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1. 9/25/2012 CO
Introduced: R |
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10/1/2012 R Read
2nd & Rerefer |
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2. 10/9/2012 CO PH Read 2nd & Rereferred; R |
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Planning and Development Director Calvin Burney explained
the differing functions of these two divisions and the need to keep them
separate and hire a division chief to fill the vacancy that has existed for
one of the divisions for the past 2 years. AMEND/APPROVE
7-0 (Update ref to Sect. 655.502 strike
“Community Planning Division” and add “Planning Service Division; Pg 1, line
23: “Current Planning Division” s/b
“Planning Services Division). |
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8.
2012-625 |
RESO Recognizing the Unique Quality of Owning an Electric
& Water Authority; Encouraging Mayor to Direct the Procuremt Div to Issue
a RFP for Sale of the JEA. (Sidman) (Introduced by CM Schellenberg) |
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1. 10/9/2012 CO
Introduced: R,TEU,F |
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10/15/2012 TEU
Read 2nd & Rerefer; 10/15/2012 R
Read 2nd & Rerefer |
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10/16/2012 F
Read 2nd & Rerefer |
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2. 10/23/2012 CO Read 2nd & Rereferred; R,TEU, F |
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Bill Summary WITHDRAW 7-0 |
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9.
2012-629 |
ORD-MC Amend Sec 55.307 (Downtown Investmt Authority Bd),
Ord Code, so that No Board Category shall be Filled by more than One Member
& Striking Contradictory Language. (Sidman) (Introduced by CM Crescimbeni
& Schellenberg & Co-sponsored by CM Boyer) Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601
- 11/13/12 |
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1. 10/23/2012 CO
Introduced: R |
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11/5/2012 R Read
2nd & Rerefer |
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2. 11/13/2012 CO PH Read 2nd & Rereferred; R |
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Bill Summary DEFER |
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10.
2012-636 |
ORD Apv Proposed Settlemt of Pending Fed Court Litigation
bet City and U.S.A. under Americans with Disabilities Act DJ 204-17M-398.
(Sidman) (Req of Gen Counsel) Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601
- 12/11/12 |
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1. 11/27/2012 CO
Introduced: R,PHS,F |
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READ 2ND
& REREFER |
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11.
2012-666 |
RESO Conf Appt of Peter E Bower to JEA, Replacing Charles
C Appleby for Unexp Term exp 2/28/14. (Sidman) (Req of Mayor) |
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1. 10/23/2012 CO
Introduced: R |
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11/5/2012 R Read
2nd & Rerefer |
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2. 11/13/2012 CO Read 2nd & Rereferred; R |
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Bill Summary The committee discussed MR. Bower’s views on JEA’s debt
load, employee bonuses, and his commitment to regular meeting
attendance. Wayne Young of JEA
answered questions about the utility’s employee bonus policy. The committee questioned Mia Jones of the
Mayor’s Office regarding selection of nominees for board and commission
appointments and their briefing process before their Rules Committee
appearance. APPROVE 7-0 |
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12.
2012-680 |
ORD-MC Amend Chapt 55 (Economic Dev), Part 3 (Downtown
Investmt Authority) (DIA), Sec 55.308 (Powers & Duties), Ord Code, to Apv
& set Qualifications & Criteria of the CEO for the DIA; Providing for
a Copy of said Qualifications & Criteria. (Gabriel) (Req of DIA) Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601
- 11/27/12 |
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1. 11/13/2012 CO
Introduced: F,RCD, R |
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11/19/2012 R
Read 2nd & Rerefer |
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11/20/2012 RCD
Read 2nd & Rerefer; 11/20/2012 F
Read 2nd & Rerefer |
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2. 11/27/2012 CO PH Read 2nd & Rereferred; F, RCD, R |
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Bill Summary DEFER |
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13.
2012-682 |
ORD Auth a Redev Agreemt with L&J Diesel Services, Inc
to Support Expansion of Operations; Auth a Countywide Economic Dev Loan of
$200,000; Approp $200,000; Auth Funds Carryover from Yr to Yr; Designate
Oversight by OED; Timeline for Execution of Agreemt by Company; Waiver of
Reso 2006-119-A, Public Investmt Policy, to Provide for said Loan. (BT 13-12)
(Rowland) (Req of Mayor) Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601
- 11/27/12 |
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1. 11/13/2012 CO
Introduced: R,F,RCD |
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11/19/2012 R
Read 2nd & Rerefer |
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11/20/2012 RCD
Read 2nd & Rerefer; 11/20/2012 F
Read 2nd & Rerefer |
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2. 11/27/2012 CO PH Read 2nd & Rereferred; R, F, RCD |
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Bill Summary Council Member Boyer asked if the company is contractually
required to keep the promised jobs filled throughout the loan payout period,
and Mr. Cueto representing L&J Diesel indicated his willingness to make
that a requirement. AMEND/APPROVE
6-1 (YARBOROUGH) (Attach executed BT; add provision
requiring company to maintain the jobs throughout the grant payout period). |
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14.
2012-694 |
RESO Conf Appt of Rafael E Caldera to the Downtown Dev
Review Bd as a Contractor/Developer/Realtor Rep, Replacing Jonathan R Garza
for 1st Full Term exp 6/30/14. (Sidman) (Req of Mayor) |
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1. 11/13/2012 CO
Introduced: R |
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11/19/2012 R
Read 2nd & Rerefer |
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2. 11/27/2012 CO Read 2nd & Rereferred; R |
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Bill Summary DEFER |
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15.
2012-695 |
RESO Conf Appt of Seth Alexander Pajcic as an Architect
Rep to the Historic Preservation Comm, Replacing Joseph F Thompson, AIA, for
1st Full Term exp 3/4/15. (Sidman) (Req of Mayor) |
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1. 11/13/2012 CO
Introduced: R |
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11/19/2012 R
Read 2nd & Rerefer |
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2. 11/27/2012 CO Read 2nd & Rereferred; R |
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Bill Summary AMEND/APPROVE
7-0 (Change category to “History
Representative”; Line 5: “an” should
be “a”). |
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16.
2012-696 |
RESO Conf Appt of Carol C Worsham to the Downtown Dev
Review Bd, Replacing Jim Bailey, Jr as a Downtown Owner Rep for an Unexp Term
exp 6/30/13 & Subsequent Reappt for a 1st Full Term exp 6/30/15. (Sidman)
(Req of Mayor) |
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1. 11/13/2012 CO
Introduced: R |
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11/19/2012 R
Read 2nd & Rerefer |
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2. 11/27/2012 CO Read 2nd & Rereferred; R |
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Bill Summary APPROVE 7-0 |
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17.
2012-697 |
RESO Appt Bradford G Thoburn as Member of the Health
Planning Council of NE Fla, Inc, Replacing Joshua D Cockrell as a Health Care
Purchaser, for 1st Term exp 9/30/14. (Welsh) (Introduced by CP Bishop) |
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1. 11/13/2012 CO
Introduced: R |
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11/19/2012 R
Read 2nd & Rerefer |
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2. 11/27/2012 CO Read 2nd & Rereferred; R |
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Bill Summary APPROVE 7-0 |
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18.
2012-698 |
RESO Appt Frank M Ringhofer Jr as Member of the Bldg Codes
Adjustmt Bd, Replacing Nandlal B Paryani, for 1st Term exp 9/30/15. (Welsh)
(Introduced by CP Bishop) |
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1. 11/13/2012 CO
Introduced: R |
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11/19/2012 R
Read 2nd & Rerefer |
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2. 11/27/2012 CO Read 2nd & Rereferred; R |
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Bill Summary APPROVE 7-0 |
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19.
2012-699 |
RESO Urging Mayor to Notify Seated Independent Authorities
Bd Members 2 Months before Term Expiration if Mayor does not Plan to Reappt;
Urging Mayor to fill Vacancies within 30 Days of End of Term. (Sidman)
(Introduced by CM Schellenberg) |
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1. 11/13/2012 CO
Introduced: R |
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11/19/2012 R
Read 2nd & Rerefer |
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2. 11/27/2012 CO Read 2nd & Rereferred; R |
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Bill Summary The committee discussed the potential need for a firm
definition of “end of term” and how to handle appointee resignations. Council Member Holt requested that Council
Members be notified whenever a vacancy occurs on the board of an independent
authority so that Council Members may suggest potential nominees. AMEND/APPROVE
6-1 (JONES) (Pg 1, line15: “Airport” s/b “Aviation”; Pg 1, line 19: “or” s/b “of”; Delete Pg 2, line 1
(duplicate line); request
Mayor to notify Council of all board vacancies as they occur). |
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20.
2012-702 |
ORD Scheduling an Addnl LUZ Committee Mtg for Saturday at
9 AM, 1/5/13; Waiving CR 2.201 (Meetings) to Authorize Mtg on a Saturday
before 4 PM. (Reingold) (Introduced by CM Boyer) Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601
- 11/27/12 |
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1. 11/13/2012 CO
Introduced: R, LUZ |
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11/19/2012 R
Read 2nd & Rerefer |
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11/20/2012 LUZ
Read 2nd & Rerefer |
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2. 11/27/2012 CO PH Read 2nd & Rereferred; R, LUZ |
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APPROVE 7-0 |
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21.
2012-703 |
ORD Auth 2 Redev Agreemts, an Infrastructure Costs
Disbursemt Agreemt & 2 Allocation of Dev Rights Agreemts with P&L Jax
Riverside, L.P., a Subsidiary of Pope & Land Enterprises, Inc for Mixed
Use Residential & Retail Dev in the Brooklyn Area, Including by Providing
City Funding for Developer to Design & Construct on Behalf of City
Certain Rd & Utility Infrastructure; Auth a REV Grant of $5,154,000; Auth
Agreemt with JEA for certain Utilities Infrastructure prev Authorized; Waive
Public Investmt Policy Restrictions on REV Grants; Auth $1,800,000 for
Infrastructure Improvemts by Developer; Invoking Exemption of Procuremt Code,
Sec 126.107(g) Ord Code, to auth Direct Contracting with Developer; Closing
& Abandoning &/or Disclaiming Portion of Stonewall, Oak, May &
Leila Sts to allow for Constrn, Subject to Reservation of an All Utilities
Easemt over Closed R/W; Amend Ord 2012-434-E (CIP) to add Infrastructure
Improvemts; Designate Ofc of Economic Dev & Dept of Public Works as
Contract Monitors; Deadline for Developer to Execute Agreemts. (BT 13-)
(Germany) (Req of Mayor) TEU PH Pursuant to Sec. 336.10, F.S. - 12/3/12 Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601
- 11/27/12 |
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1. 11/13/2012 CO
Introduced: R,F,RCD,TEU |
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11/19/2012 TEU
Read 2nd & Rerefer; 11/19/2012 R
Read 2nd & Rerefer |
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11/20/2012 RCD
Read 2nd & Rerefer; 11/20/2012 F
Read 2nd & Rerefer |
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2. 11/27/2012 CO PH Read 2nd & Rereferred; R, F, RCD,
TEU |
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The committee engaged in considerable discussion with Paul
Crawford andn Karen Nasrallah of the OED and with Lynn Pappas representing
Pope and Land about the proposed deal and the City’s revenue source for the
REV grant. Council Member Crescimbeni
proposed, then alter withdrew, an
amendment to declare the project a bona fide Northbank CRA tax increment
district project to preclude a future decision to shift the incentive funding
from the CRA tax increment fund to the General Fund. Lynn Pappas stated the requirement would
introduce an element of doubt into the transaction, given the Northbank CRA’s
current annual revenue shortfall below existing payout pledges and the need
for the General Fund to subsidize the TIF fund. Since the REV grant is conditioned on the
annual availability of funds, this might cause the financial backers of the
project to balk and jeopardize the deal.
Council Members Crescimbeni and Lumb suggested that in the future,
economic incentive deals might include
provisions for the City to realize some return on its investment if an
incentivized project is later sold at a large profit, as a previous Pope and
Land project in Riverside was. AMEND/APPROVE
5-2 (CRESCIMBENI & YARBOROUGH) (Insert qualifications for DIA
CEO position directly into Ord. Code Section 55.308 and delete reference to
Addendum 1 to the Subpart). |
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22.
2012-713 |
RESO Urging Mayor to Utilize the Procuremt Process to
Secure a Partner Interested in the Occupation, Utilization, Rehab,
Restoration, Preservation & Protection of the Natl Guard Armory at 851 N
Market St; Request Progress Reports. (Sidman) (Introduced by CM Daniels) |
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1. 11/27/2012 CO
Introduced: R, F,RCD |
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READ 2ND
& REREFER |
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23.
2012-714 |
RESO Reappt Carol J Hladki as Member of the Enterprise
Zone Dev Agcy Bd for 2nd Term exp 12/31/16. (Welsh) (Introduced by CP Bishop) |
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1. 11/27/2012 CO
Introduced: R |
|
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Bill Summary READ 2ND
& REREFER |
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24.
2012-715 |
RESO Reappt F. Scott Shine as Member of the Jax Waterways
Comm as a General Public Rep for a 2nd Term exp 12/31/15. (Welsh) (Introduced
by CP Bishop) |
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1. 11/27/2012 CO
Introduced: R |
|
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Bill Summary READ 2ND
& REREFER |
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25.
2012-717 |
RESO Celebrating the Life & Commending the Dedicated
Service of Cheryl Conyers Kidd, City Council Secretary from 1987 to 1991.
(Jackson) (Introduced by CM Jones) |
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1. 11/27/2012 CO
Introduced: R |
|
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APPROVE 5-0 |
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26.
2012-718 |
ORD Auth Participation in the NE Fla Regional Transp Comm
upon its Formation by the Fla Legislature; Provide Funding Subject to Annual
Approp; Estab Max Funding Amts & Period; Provide for Repeal under certain
Conditions. (Sidman) (Introduced by CP Bishop) Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601
- 12/11/12 |
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1. 11/27/2012 CO
Introduced: R,TEU,F |
READ 2ND & REREFER
NOTE:
Other items may be added at the discretion of the Chair.
Posted 12.3.12
6:00 p.m.