RULES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

November 19,2012

 

CLAY YARBOROUGH, 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, November 19,2012.  The meeting was called to order at 10:02 A.M. by Committee Clay Yarborough.  The meeting was adjourned at 11:34 A.M.

 

 

 

Members in Attendance:                                                    Staff Attendance:

                 

                       CM Clay Yarborough, Chair                                              Jessica Stephens, Legislative Aide

                       CM Ray Holt , Vice Chair - Arrived 10:46                          Janice Billy, Asst. Auditor

                       CM Lori Boyer                                                                 Peggy Sidman, Attorney

                       CM John Crescimbeni                                                     Jeff Clements, Chief of Research

                       CM Warren Jones                                                            Jessica Deal, Administration

                       CM Jim Love                                                                 

                       CM Robin Lumb

                       

 

 

Others in Attendance:

 

CM Carter (12-651)

CM Gaffney (12-623)

CM Schellenberg

Michelle Tappouni (12-623)

 

 

 

1.    2012-651   AN ORDINANCE CONCERNING SURPLUS PERSONAL PROPERTY OF THE CITY; DECLARING THAT CERTAIN 2002 CHEVROLET IMPALA (VIN 2G1WF52E7729213060, VEHICLE NUMBER 8424-10) VALUED AT $2,937 TO BE SURPLUS TO THE NEEDS OF THE CITY AND AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY TO TRANSFER TITLE OF SAID PROPERTY TO THE PUBLIC DEFENDER'S OFFICE FOR THE FOURTH JUDICIAL CIRCUIT AT NO COST; WAIVING SECTION 122.812(C), ORDINANCE CODE, TO ALLOW DISPOSITION OF SAID PROPERTY FOR OTHER THAN FAIR MARKET VALUE; DESIGNATING THE FLEET MANAGEMENT DIVISION OF THE INTRA-GOVERNMENTAL SERVICES MONITOR OF ACTUAL USE OF SAID PROPERTY; PROVIDING FOR A REVERTER; PROVIDING AN EFFECTIVE DATE; 11/5/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: November 06, 2012

 

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

 

REPORT OF THE COMMITTEE ON RULES: November 19, 2012

 

Recommend to AMEND and  APPROVE.

 

AYES - Boyer, Crescimbeni, Love, Lumb, Yarborough, ( 5 )

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2.    2012-660   A RESOLUTION APPOINTING WIGHT S. GREGER AS A MEMBER OF THE JACKSONVILLE HOUSING FINANCE AUTHORITY, PURSUANT TO SECTION 35.704, ORDINANCE CODE, REPLACING KENNETH A. FILIP FOR A FIRST TERM ENDING NOVEMBER 30, 2016; PROVIDING AN EFFECTIVE DATE; 11/5/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: November 19, 2012

 

Recommend to APPROVE.

 

AYES - Boyer, Crescimbeni, Love, Lumb, Yarborough, ( 5 )

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3.    2012-661   A RESOLUTION APPOINTING JAMES C. POINDEXTER AS A MEMBER OF THE PUBLIC SERVICE GRANT COUNCIL, PURSUANT TO SECTION 118.803, ORDINANCE CODE, FILLING THE SLOT FORMERLY HELD BY GWENDOLYN C. YATES, FOR AN UNEXPIRED TERM ENDING DECEMBER 31, 2013; PROVIDING AN EFFECTIVE DATE; 11/5/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: November 19, 2012

 

Recommend to APPROVE.

 

AYES - Boyer, Crescimbeni, Love, Lumb, Yarborough, ( 5 )

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4.    2012-665   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF HELEN H. ALBEE, A DUVAL COUNTY RESIDENT, TO THE JEA, REPLACING JULIAN E. FANT, III, PURSUANT TO CHARTER, PART A, ARTICLE 21.03, FOR A FIRST FULL TERM TO EXPIRE FEBRUARY 28, 2016; PROVIDING AN EFFECTIVE DATE; 11/5/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: November 19, 2012

 

Recommend to APPROVE.

 

AYES - Boyer, Crescimbeni, Holt, Love, Lumb, Yarborough, ( 6 )

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5.    2012-667   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF ERIC BRIAN SMITH, A DUVAL COUNTY RESIDENT, TO THE JACKSONVILLE HOUSING AUTHORITY, REPLACING VALERIE C. CHRITTON, PURSUANT TO SECTION 51A.103, ORDINANCE CODE, FOR A FIRST FULL TERM TO EXPIRE SEPTEMBER 16, 2015; PROVIDING AN EFFECTIVE DATE; 11/5/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: November 19, 2012

 

Recommend to APPROVE.

 

AYES - Boyer, Crescimbeni, Holt, Love, Lumb, Yarborough, ( 6 )

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6.    2012-668   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF RICHARD M. CHRISTMAS, A DUVAL COUNTY RESIDENT, AS AN IRRIGATION REPRESENTATIVE TO THE CONSTRUCTION TRADES QUALIFYING BOARD, REPLACING DAVID R. "RAY" LEACH, JR., PURSUANT TO SECTION 62.101, ORDINANCE CODE, FOR A FIRST FULL TERM TO EXPIRE SEPTEMBER 30, 2014; PROVIDING AN EFFECTIVE DATE; 11/5/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: November 19, 2012

 

Recommend to APPROVE.

 

AYES - Boyer, Crescimbeni, Holt, Love, Lumb, Yarborough, ( 6 )

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7.    2012-623   AN ORDINANCE REGARDING CHAPTER 614 (PUBLIC ORDER AND SAFETY); AMENDING SECTION 614.138, (CERTAIN ACTIVITIES PROHIBITED; DEFINITIONS), ORDINANCE CODE, TO ENLARGE THE AREA KNOWN AS THE "URBAN CORE ENHANCEMENT AREA"; PROVIDING AN EFFECTIVE DATE; 10/15/2012 - Read 2nd & Rerefer; 11/5/2012 - Amend/Approve 6-0

 

REPORT OF THE COMMITTEE ON RULES: November 19, 2012

 

Recommend to AMEND and  APPROVE.

 

AYES - Boyer, Crescimbeni, Holt, Love, Lumb, Yarborough, ( 6 )

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8.    2012-630   AN ORDINANCE AMENDING CHAPTER 342 (CONSTRUCTION TRADES REGULATIONS), SECTION 342.110 (TRADES, CRAFTS, CONTRACTORS AND SUBCONTRACTORS), ORDINANCE CODE, SO AS TO CREATE A NEW CONTRACTOR CATEGORY OF DEMOLITION SPECIALTY CONTRACTOR; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

AYES - Boyer, Crescimbeni, Holt, Love, Lumb, Yarborough, ( 6 )

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9.    2012-648   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, A SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE MODIFICATION (BOT NO. 160345512) BETWEEN THE CITY OF JACKSONVILLE AND THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA UNDER WHICH THE CITY IS AUTHORIZED TO OPERATE FOR THE JACKSONVILLE SHERIFF'S OFFICE, THROUGH JULY 12, 2036, AN 8-SLIP PUBLIC DOCKING FACILITY AT THE ARLINGTON BOAT RAMP; PROVIDING AN EFFECTIVE DATE

 

Recommend to AMEND and APPROVE.

 

AYES - Boyer, Crescimbeni, Holt, Love, Lumb, Yarborough, ( 6 )

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10.    2012-664   A RESOLUTION REAPPOINTING KARL-GUSTAV M. SODERHOLM AS A MEMBER OF THE BUILDING CODES ADJUSTMENT BOARD, PURSUANT TO CHAPTER 56, ORDINANCE CODE, FOR A SECOND TERM EXPIRING SEPTEMBER 30, 2015; PROVIDING AN EFFECTIVE DATE; 11/5/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: November 19, 2012

 

Recommend to APPROVE.

 

AYES - Boyer, Crescimbeni, Holt, Love, Lumb, Yarborough, ( 6 )

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11.    2012-700   A RESOLUTION HONORING AND COMMENDING JEA EMPLOYEE AL SAFFER FOR 60 YEARS OF DEDICATED SERVICE TO THE CITIZENS OF JACKSONVILLE UPON THE OCCASION OF HIS RETIREMENT; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

AYES - Boyer, Crescimbeni, Holt, Love, Lumb, Yarborough, ( 6 )

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12.    2012-701   A RESOLUTION HONORING AND COMMENDING MICHAEL ADRIAN JENNINGS, JR. FOR HIS OUTSTANDING ACHIEVEMENTS AS AN NFL FOOTBALL PLAYER; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

AYES - Boyer, Crescimbeni, Holt, Love, Lumb, Yarborough, ( 6 )

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2ND READINGS

 

13.    2012-680   AN ORDINANCE REGARDING THE QUALIFICATIONS AND CRITERIA OF THE DOWNTOWN INVESTMENT AUTHORITY'S CHIEF EXECUTIVE OFFICER; AMENDING CHAPTER 55 (ECONOMIC DEVELOPMENT), PART 3 (DOWNTOWN INVESTMENT AUTHORITY), SECTION 55.308 (POWERS AND DUTIES), ORDINANCE CODE, TO APPROVE AND SET FORTH THE QUALIFICATIONS AND CRITERIA OF THE CHIEF EXECUTIVE OFFICER FOR THE DOWNTOWN INVESTMENT AUTHORITY; PROVIDING FOR A COPY OF THE DOWNTOWN INVESTMENT AUTHORITY'S CHIEF EXECUTIVE OFFICER QUALIFICATIONS AND CRITERIA; PROVIDING AN EFFECTIVE DATE

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14.    2012-682   AN ORDINANCE MAKING CERTAIN FINDINGS, AND APPROVING AND AUTHORIZING THE EXECUTION OF A REDEVELOPMENT AGREEMENT BETWEEN THE CITY OF JACKSONVILLE ("CITY") AND L&J DIESEL SERVICES, INC. ("COMPANY"), TO SUPPORT THE EXPANSION OF THE COMPANY'S OPERATIONS IN JACKSONVILLE, FLORIDA (THE "PROJECT"); AUTHORIZING A COUNTYWIDE ECONOMIC DEVELOPMENT LOAN OF $200,000 ("CED LOAN") AS INDICATED BY B.T. 13-12; APPROPRIATING FUNDS NOT TO EXCEED $200,000; PROVIDING A CARRYOVER OF FUNDS FROM YEAR TO YEAR UNTIL SUCH FUNDS ARE EXPENDED OR LAPSE ACCORDING TO THE AGREEMENT; APPROVING AND AUTHORIZING EXECUTION OF DOCUMENTS BY THE MAYOR AND CORPORATION SECRETARY; AUTHORIZING APPROVAL OF TECHNICAL AMENDMENTS BY THE EXECUTIVE DIRECTOR OF THE OED; PROVIDING FOR CITY OVERSIGHT BY THE OED; TIMELINE FOR EXECUTION OF AGREEMENT BY THE COMPANY; WAIVER OF THAT PORTION OF THE PUBLIC INVESTMENT POLICY ADOPTED BY RESOLUTION 2006-119-A TO PROVIDE FOR A COUNTYWIDE ECONOMIC DEVELOPMENT LOAN; PROVIDING AN EFFECTIVE DATE

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15.    2012-694   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF RAFAEL E. CALDERA, A DUVAL COUNTY RESIDENT, TO THE DOWNTOWN DEVELOPMENT REVIEW BOARD AS A CONTRACTOR/DEVELOPER/REALTOR REPRESENTATIVE, REPLACING JONATHAN R. GARZA, PURSUANT TO SECTION 656.361.7, ORDINANCE CODE, FOR A FIRST FULL TERM TO EXPIRE JUNE 30, 2014; PROVIDING AN EFFECTIVE DATE

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16.    2012-695   AN RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF SETH ALEXANDER PAJCIC, A DUVAL COUNTY RESIDENT, AS AN ARCHITECT REPRESENTATIVE TO THE HISTORIC PRESERVATION COMMISSION, REPLACING JOSEPH F. THOMPSON, AIA, PURSUANT TO SECTION 76.102, ORDINANCE CODE, FOR A FIRST FULL TERM TO EXPIRE MARCH 4, 2015; PROVIDING AN EFFECTIVE DATE

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17.    2012-696   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF CAROL C. WORSHAM, A DUVAL COUNTY RESIDENT, TO THE DOWNTOWN DEVELOPMENT REVIEW BOARD, REPLACING JIM BAILEY, JR., PURSUANT TO SECTION 656.361.7, ORDINANCE CODE, AS A DOWNTOWN OWNER REPRESENTATIVE FOR AN UNEXPIRED TERM TO EXPIRE JUNE 30, 2013 AND SUBSEQUENTLY REAPPOINTING MS. WORSHAM FOR A FIRST FULL TERM TO EXPIRE JUNE 30, 2015; PROVIDING AN EFFECTIVE DATE

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18.    2012-697   A RESOLUTION APPOINTING BRADFORD G. THOBURN AS A MEMBER OF THE HEALTH PLANNING COUNCIL OF NORTHEAST FLORIDA, INC., REPLACING JOSHUA D. COCKRELL AS A HEALTH CARE PURCHASER, PURSUANT TO SECTION 408.033, FLORIDA STATUTES, FOR A FIRST TERM EXPIRING SEPTEMBER 30, 2014; PROVIDING AN EFFECTIVE DATE

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19.    2012-698   A RESOLUTION APPOINTING FRANK M. RINGHOFER, JR. AS A MEMBER OF THE BUILDING CODES ADJUSTMENT BOARD, REPLACING NANDLAL B. PARYANI, PURSUANT TO CHAPTER 56, ORDINANCE CODE, FOR A FIRST TERM EXPIRING SEPTEMBER 30, 2015; PROVIDING AN EFFECTIVE DATE

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20.    2012-699   A RESOLUTION URGING THE MAYOR TO NOTIFY SEATED INDEPENDENT AUTHORITIES BOARD MEMBERS TWO MONTHS IN ADVANCE OF THE EXPIRATION OF THEIR TERM IF THE MAYOR DOES NOT PLAN ON NOMINATING THE BOARD MEMBER FOR REAPPOINTMENT; URGING THE MAYOR TO STRIVE TO HAVE VACANCIES FILLED WITHIN 30 DAYS OF THE END OF TERM DATE;  PROVIDING AN EFFECTIVE DATE

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21.    2012-702   AN ORDINANCE SCHEDULING AN ADDITIONAL LAND USE AND ZONING COMMITTEE MEETING FOR SATURDAY, JANUARY 5, 2013 AT 9:00 AM; DIRECTING APPROPRIATE NOTIFICATION BY THE CHIEF OF LEGISLATIVE SERVICES; WAIVING COUNCIL RULE 2.201 (MEETINGS) IN ORDER TO AUTHORIZE THE SCHEDULING OF THE LAND USE AND ZONING COMMITTEE MEETING ON A SATURDAY BEFORE 4:00 PM; PROVIDING AN EFFECTIVE DATE

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22.    2012-703   AN ORDINANCE MAKING CERTAIN FINDINGS AND AUTHORIZING THE MAYOR TO EXECUTE TWO REDEVELOPMENT AGREEMENTS ("REDEVELOPMENT AGREEMENTS"), AN INFRASTRUCTURE COSTS DISBURSEMENT AGREEMENT ("DISBURSEMENT AGREEMENT") AND TWO ALLOCATION OF DEVELOPMENT RIGHTS AGREEMENTS AND RELATED DOCUMENTS (COLLECTIVELY, "AGREEMENTS") BETWEEN THE CITY OF JACKSONVILLE ("CITY") AND P&L JAX RIVERSIDE, L.P. ("DEVELOPER"), A SUBSIDIARY OF POPE & LAND ENTERPRISES, INC., TO SUPPORT THE DEVELOPMENT BY DEVELOPER OR ITS ASSIGNS OF A MIXED USE RESIDENTIAL AND RETAIL DEVELOPMENT IN THE BROOKLYN AREA OF DOWNTOWN JACKSONVILLE, INCLUDING BY PROVIDING CITY FUNDING FOR DEVELOPER TO DESIGN AND CONSTRUCT ON BEHALF OF THE CITY CERTAIN ROAD AND UTILIY INFRASTRUCTURE IMPROVEMENTS AS DESCRIBED IN THE DISBURSEMENT AGREEMENT ("INFRASTRUCTURE IMPROVEMENTS") TO SUPPORT SUCH RESIDENTIAL AND RETAIL DEVELOPMENT AND THE SURROUNDING AREA; AUTHORIZING A RECAPTURE ENHANCED VALUE (REV) GRANT NOT TO EXCEED $5,154,000 AS DESCRIBED IN THE REDEVELOPMENT AGREEMENT FOR THE RESIDENTIAL IMPROVEMENTS; AUTHORIZING THE EXECUTION OF THE FOREGOING AGREEMENTS TOGETHER WITH AN AGREEMENT WITH JEA FOR JEA TO CONSTRUCT CERTAIN UTILITIES INFRASTRUCTURE THAT THE COUNCIL PREVIOUSLY AUTHORIZED THE CITY TO CONSTRUCT PURSUANT TO ORDINANCE 2012-270-E; WAIVING THE PUBLIC INVESTMENT POLICY RESTRICTIONS ON RESIDENTIAL REV GRANTS; AUTHORIZING A MAXIMUM INDEBTEDNESS BY THE CITY OF $1,800,000 FOR THE INFRASTRUCTURE IMPROVEMENTS TO BE CONSTRUCTED BY DEVELOPER PURSUANT TO THE DISBURSEMENT AGREEMENT; INVOKING THE EXEMPTION OF THE PROCUREMENT CODE, SECTION 126.107(G), ORDINANCE CODE, TO AUTHORIZE DIRECT CONTRACTING WITH THE DEVELOPER; CLOSING AND ABANDONING AND/OR DISCLAIMING, PORTIONS OF THE FOLLOWING DESCRIBED STREETS AT THE REQUEST OF DEVELOPER, TO ALLOW FOR CONSTRUCTION OF THE PROJECT AS DESCRIBED IN THE REDEVELOPMENT AGREEMENTS, SUBJECT TO RESERVATION OF AN ALL UTILITIES EASEMENT OVER THE CLOSED RIGHT-OF-WAY: (I) A PORTION OF STONEWALL STREET, (II) A PORTION OF OAK STREET, (III) A PORTION OF MAY STREET, AND (IV) A PORTION OF LEILA STREET; AMENDING THE 2013-2017 CAPITAL IMPROVEMENT PLAN ("CIP") AS SET FORTH IN ORDINANCE 2012-434-E FOR THE PURPOSE OF ADDING THE INFRASTRUCTURE IMPROVEMENTS TO THE CIP; DESIGNATING THE OFFICE OF ECONOMIC DEVELOPMENT AND DEPARTMENT OF PUBLIC WORKS AS CONTRACT MONITORS; AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATING TO THE ABOVE AGREEMENTS AND TRANSACTIONS, AND AUTHORIZING TECHNICAL CHANGES TO THE DOCUMENTS; PROVIDING A DEADLINE FOR THE DEVELOPER TO EXECUTE THE AGREEMENTS AFTER DELIVERY TO THE DEVELOPER; PROVIDING AN EFFECTIVE DATE

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