RULES COMMITTEE

MINUTES OF THE REGULAR MEETING

OCTOBER 15,2012

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, October 15,2012. The meeting was called to order at 10:01 A.M. by Committee Clay Yarborough. The meeting was adjourned at 11:12 A.M.

Members in Attendance: Staff Attendance:

CM Clay Yarborough, Chair Marilyn Allen, Legislative Aide

CM Ray Holt , Vice Chair Janice Billy, Asst. Auditor

CM Lori Boyer Peggy Sidman, Attorney

CM John Crescimbeni Jeff Clements, Chief of Research

CM Warren Jones (Absent) Jessica Deal, Administration

CM Jim Love

CM Robin Lumb

Others in Attendance:

Rowland Udenza (12-585)

CM Brown (12-579)

CM Schellenberg (12-456)

CM Gulliford (12-576 & 580)

Dylan Reingold, GC (12-599)

1. 2012-587 A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF WILLIAM R. BODIE, JR., A DUVAL COUNTY RESIDENT, AS AN ELECTRICAL CONTRACTOR REPRESENTATIVE TO THE CONSTRUCTION TRADES QUALIFYING BOARD, REPLACING ROBERT "BOBBY" E. HAZOURI, PURSUANT TO SECTION 62.101, ORDINANCE CODE, FOR A FIRST FULL TERM TO EXPIRE SEPTEMBER 30, 2015; PROVIDING AN EFFECTIVE DATE; 10/1/2012 - Read 2nd & Rerefer

REPORT OF THE COMMITTEE ON RULES: October 15, 2012

Recommend to APPROVE.

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

_____________________

2. 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; 8/6/2012 - Read 2nd & Rerefer

REPORT OF THE COMMITTEE ON FINANCE: August 07, 2012

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

REPORT OF THE COMMITTEE ON RULES: October 15, 2012

Recommend to WITHDRAW.

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

_____________________

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; 8/20/2012 - Read 2nd & Rerefer

REPORT OF THE COMMITTEE ON FINANCE: August 21, 2012

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

REPORT OF THE COMMITTEE ON RULES: October 15, 2012

Recommend to AMEND and APPROVE.

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

_____________________

4. 2012-576 AN ORDINANCE AMENDING SECTION 118.803 (PUBLIC SERVICE GRANT COUNCIL; TERMS; RESPONSIBILITIES), ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE; 10/1/2012 - Read 2nd & Rerefer

REPORT OF THE COMMITTEE ON RULES: October 15, 2012

Recommend to AMEND and APPROVE.

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

_____________________

5. 2012-580 A RESOLUTION SUPPORTING THE NAMING OF THE 37 MILE ISLAND ENCOMPASSING THE JACKSONVILLE BEACHES COMMUNITIES AS SAN PABLO ISLAND; PROVIDING AN EFFECTIVE DATE; 10/1/2012 - Read 2nd & Rerefer

REPORT OF THE COMMITTEE ON RULES: October 15, 2012

Recommend to APPROVE.

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

_____________________

6. 2012-579 AN ORDINANCE AMENDING THE COUNCIL RULES; AMENDING RULE 1.103 (METHOD OF ELECTION OF OFFICERS), COUNCIL RULES, TO PROVIDE FOR ANNUAL ALTERNATION OF PARTY AFFILIATION FOR THE COUNCIL PRESIDENT; PROVIDING FOR AN EFFECTIVE DATE; 10/1/2012 - Read 2nd & Rerefer

REPORT OF THE COMMITTEE ON RULES: October 15, 2012

Recommend to APPROVE.

AYES - Lumb, ( 1 )

NAYS - Boyer, Crescimbeni, Holt, Love, Yarborough, ( 5 )

_____________________

7. 2012-583 A RESOLUTION CONFIRMING THE MAYOR'S REAPPOINTMENT OF ERIN VANCE SKINNER, A DUVAL COUNTY RESIDENT, TO THE LIBRARY BOARD OF TRUSTEES, AT LARGE DISTRICT 4, PURSUANT TO SECTION 90.101, ORDINANCE CODE, FOR A SECOND FULL TERM TO EXPIRE JULY 15, 2016; PROVIDING AN EFFECTIVE DATE; 10/1/2012 - Read 2nd & Rerefer

REPORT OF THE COMMITTEE ON RULES: October 15, 2012

Recommend to APPROVE.

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

_____________________

8. 2012-585 A RESOLUTION CONFIRMING THE MAYOR'S REAPPOINTMENT OF ROLAND UDENZE, A DUVAL COUNTY RESIDENT, TO THE DOWNTOWN DEVELOPMENT REVIEW BOARD, PURSUANT TO SECTION 656.361.7, ORDINANCE CODE, AS AN ARCHITECT OWNER REPRESENTATIVE FOR A THIRD FULL TERM TO EXPIRE JUNE 30, 2015; PROVIDING AN EFFECTIVE DATE; 10/1/2012 - Read 2nd & Rerefer

REPORT OF THE COMMITTEE ON RULES: October 15, 2012

Recommend to AMEND and APPROVE.

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

_____________________

9. 2012-586 A RESOLUTION CONFIRMING THE MAYOR'S REAPPOINTMENT OF JOHN NATHANIEL "NATE" DAY, A DUVAL COUNTY RESIDENT, TO THE PLANNING COMMISSION, REPRESENTING DUVAL COUNTY AT-LARGE, PURSUANT TO SECTION 30.201, ORDINANCE CODE, FOR A SECOND FULL TERM TO EXPIRE OCTOBER 1, 2015; PROVIDING AN EFFECTIVE DATE; 10/1/2012 - Read 2nd & Rerefer

REPORT OF THE COMMITTEE ON RULES: October 15, 2012

Recommend to APPROVE.

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

_____________________

10. 2012-588 A RESOLUTION REAPPOINTING DR. JOSE ZAYAS AS A MEMBER OF THE HEALTH PLANNING COUNCIL OF NORTHEAST FLORIDA, INC., AS A "PROVIDER", PURSUANT TO SECTION 408.033, FLORIDA STATUTES, FOR A SECOND TERM EXPIRING SEPTEMBER 30, 2014; PROVIDING AN EFFECTIVE DATE

; 10/1/2012 - Read 2nd & Rerefer

REPORT OF THE COMMITTEE ON RULES: October 15, 2012

Recommend to APPROVE.

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

_____________________

11. 2012-599 AN ORDINANCE TO DETERMINE WHETHER TO CONDUCT A PUBLIC HEARING TO CONSIDER THE PETITION TO AMEND THE BOUNDARY OF THE TOLOMATO COMMUNITY DEVELOPMENT DISTRICT; REQUESTING EMERGENCY PASSAGE; WAIVING SECTION 92.14 (STATE PETITIONS), CHAPTER 92 (UNIFORM COMMUNITY DEVELOPMENT DISTRICTS), ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE

Recommend to APPROVE as an EMERGENCY measure.

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

_____________________

12. 2012-600 A RESOLUTION COMMENDING AND THANKING CHIEF DEPUTY GENERAL COUNSEL STEVE ROHAN ON THE OCCASION OF HIS RETIREMENT; PROVIDING AN EFFECTIVE DATE

Recommend to APPROVE.

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

_____________________

2^ND READINGS

13. 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

_____________________

14. 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

_____________________

15. 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

_____________________

16. 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

_____________________

17. 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

_____________________