RULES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

April 30,2012

 

BILL BISHOP, 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, April 30,2012.  The meeting was called to order at 10:01 A.M. by Committee Bill Bishop.  The meeting was adjourned at 12:44 P.M.

 

 

 

Members in Attendance:                                                    Staff Attendance:

                 

                      CM Bill Bishop, Chair                                                       Philip Zamarron, Legislative Aide

                      CM John Crescimbeni, Vice Chair                                     Janice Billy, Asst. Auditor

                      CM Lori Boyer                                                                  Peggy Sidman, Attorney

                      CM Johnny Gaffney                                                          Jeff Clements, Research Asst.

                      CM Ray Holt  - Excused                                                  Jessica Deal, Administration

                      CM Matt Schellenberg                                                      Steve Rohan, Attorney

                      CM Clay Yarborough – Left 12:16                                     Sean Costigan, Auditor

                       

 

 

 

 

 

Others in Attendance:

 

CM Reggie Brown (12-228)                                 George Johnson, JFRD (12-249 & 250)

CM Bill Gulliford (12-202 & 235)                           Carla Miller, Ethics Office

Chris Hand, Administration (12-201)                     Steve Diebenow (12-270)

Ronnie Belton, Administration (12-201)                Tony Bates

Kelley Boree, Parks & Rec Dir. (12-228)              Kevin Meerschaert, WJXT

Paul Crawford, JEDC                                          David Chapman, Daily Record

Dr. Constance Hall (12-238)                                Mia Jones, Administration

Ywana allen (12-239)

Joe Jacquot (12-241)

Thomas Paul (12-242)

Laurence Pritchard (12-243)

L.E. Hutton (12-244)

 

1.    2012-203   AN ORDINANCE REGARDING THE JACKSONVILLE POLICE AND FIRE PENSION BOARD OF TRUSTEES; MAKING FINDINGS; AMENDING, IN ACCORDANCE WITH CHAPTER 2011-216, LAWS OF FLORIDA, THE MANNER IN WHICH BOARD MEMBERS ARE SELECTED AND APPOINTED; PROVIDING FOR THREE MEMBERS TO BE APPOINTED BY THE CITY COUNCIL INSTEAD OF TWO; AMENDING SECTION 22.02 (MEMBERSHIP) OF ARTICLE 22 (JACKSONVILLE POLICE AND FIRE PENSION BOARD OF TRUSTEES) OF THE CHARTER OF THE CITY OF JACKSONVILLE TO PROVIDE THAT THREE MEMBERS INSTEAD OF TWO SHALL BE APPOINTED BY THE CITY COUNCIL, AND ELIMINATING THE TRUSTEE ELECTED BOARD MEMBER; PROVIDING FOR THE REPLACEMENT OF NATHANIEL GLOVER, JR., THE FIFTH BOARD MEMBER BY [NAME TO BE INSERTED] FOR THE REMAINDER OF THE UNEXPIRED TERM ENDING OCTOBER 15, 2014; PROVIDING FOR THE REPLACEMENT OF CITY COUNCIL APPOINTEE BARBARA JAFFE WITH [NAME TO BE INSERTED] FOR THE REMAINDER OF THE UNEXPIRED TERM ENDING DECEMBER 1, 2014; PROVIDING FOR THE APPOINTMENT OF A CITY COUNCIL APPOINTEE TO REPLACE RESIGNED CITY COUNCIL APPOINTEE PETER D. SLEIMAN WITH [NAME TO BE INSERTED] FOR THE REMAINDER OF THE UNEXPIRED TERM ENDING JUNE 1, 2014; PROVIDING AN EFFECTIVE DATE; 4/2/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: April 30, 2012

 

Recommend to APPROVE.

 

AYES - Bishop, Boyer, Crescimbeni, Gaffney, Joost, Schellenberg, Yarborough, ( 7 )

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2.    2012-198   AN ORDINANCE AMENDING SECTION 122.605 (REVIEW, AMENDMENT, ADOPTION AND APPROPRIATION BY CITY COUNCIL) OF PART 6 (CAPITAL IMPROVEMENT PROGRAM) OF CHAPTER 122 (PUBLIC PROPERTY), ORDINANCE CODE, TO CONFORM THE ORDINANCE CODE TO LONG STANDING PRACTICES REGARDING AMENDMENTS TO THE CAPITAL IMPROVEMENT PROGRAM (CIP); PROVIDING FOR AN EFFECTIVE DATE; 4/2/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: April 03, 2012

 

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

 

REPORT OF THE COMMITTEE ON RULES: April 30, 2012

 

Recommend to SUBSTITUTE and APPROVE.

 

AYES - Bishop, Boyer, Crescimbeni, Gaffney, Joost, Schellenberg, Yarborough, ( 7 )

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3.    2012-235   AN ORDINANCE CREATING CHAPTER 93 (ST. JOHNS RIVER (MAYPORT) FERRY COMMISSION), ORDINANCE CODE TO OPERATE, MAINTAIN, FUND AND OVERSEE THE ST. JOHNS RIVER (MAYPORT) FERRY; PROVIDING AN EFFECTIVE DATE; 4/16/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: April 17, 2012

 

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

 

REPORT OF THE COMMITTEE ON RECREATION, COMMUNITY DEVELOPMENT, PUBLIC HEALTH & SAFETY: April 17, 2012

 

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

 

REPORT OF THE COMMITTEE ON RULES: April 30, 2012

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Boyer, Crescimbeni, Gaffney, Schellenberg, Yarborough, ( 6 )

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4.    2012-228   AN ORDINANCE AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE A LEASE BETWEEN S.O.C.K. OUTSTANDING STUDENTS (S.O.S.) ACADEMY, INC. AND CITY OF JACKSONVILLE FOR CERTAIN PREMISES AT 6974 WILSON BOULEVARD TO EXERCISE THE TERM OF THE LEASE FOR 10 YEARS WITH 3 RENEWAL OPTIONS; WAIVING SECTION 126.202 (COMPETITIVE SEALED BID) OF PART 2 (SUPPLIES, CONTRACTUAL SERVICES AND CAPITAL IMPROVEMENTS) OF CHAPTER 126 (PROCUREMENT CODE), ORDINANCE CODE; PROVIDING FOR CITY OVERSIGHT BY THE DEPARTMENT OF PARKS AND RECREATION; REQUIREMENT TO  PROVIDING AN EFFECTIVE DATE; 4/16/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: April 17, 2012

 

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

 

REPORT OF THE COMMITTEE ON RECREATION, COMMUNITY DEVELOPMENT, PUBLIC HEALTH & SAFETY: April 17, 2012

 

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

 

REPORT OF THE COMMITTEE ON RULES: April 30, 2012

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Boyer, Crescimbeni, Gaffney, Yarborough, ( 5 )

 

NAYS - Schellenberg, ( 1 )

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5.    2012-201   A ORDINANCE CONFIRMING THE MAYOR'S APPOINTMENT OF TWANE DUCKWORTH AS THE RISK MANAGER OF THE CITY OF JACKSONVILLE; WAIVING THE PROVISIONS OF SECTION 24.402 (DIVISION CHIEF), ORDINANCE CODE, TO WAIVE THE 5 YEAR REQUIREMENT OF EXPERIENCE IN INSURANCE AND RISK MANAGEMENT ACTIVITIES, INCLUDING WORKERS COMPENSATION, AUTOMOBILE AND GENERAL LIABILITY MATTERS, AT THE PROFESSIONAL LEVEL; PROVIDING AN EFFECTIVE DATE; 4/2/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: April 30, 2012

 

Recommend to APPROVE.

 

AYES - Bishop, Boyer, Crescimbeni, Gaffney, ( 4 )

 

NAYS - Schellenberg, Yarborough, ( 2 )

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6.    2012-238   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF DR. CONSTANCE S. HALL, A DUVAL COUNTY RESIDENT, TO THE PUBLIC SERVICE GRANT COUNCIL, REPLACING JUAN DIAZ, PURSUANT TO SECTION 118.803, ORDINANCE CODE, FOR A FIRST FULL TERM EXPIRING MARCH 31, 2014; PROVIDING AN EFFECTIVE DATE; 4/16/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: April 30, 2012

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Boyer, Crescimbeni, Gaffney, Schellenberg, Yarborough, ( 6 )

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7.    2012-239   A RESOLUTION CONFIRMING THE APPOINTMENT OF YWANA M. ALLEN AS A MEMBER OF THE JACKSONVILLE ETHICS COMMISSION, PURSUANT TO CHAPTER 602, ORDINANCE CODE, FILLING THE SLOT FORMERLY HELD BY RHONDA PEOPLES-WATERS, FOR A PARTIAL TERM BEGINNING MARCH 5, 2012, AND EXPIRING DECEMBER 31, 2013; PROVIDING AN EFFECTIVE DATE; 4/16/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: April 30, 2012

 

Recommend to APPROVE.

 

AYES - Bishop, Boyer, Crescimbeni, Gaffney, Schellenberg, Yarborough, ( 6 )

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8.    2012-241   A RESOLUTION CONFIRMING THE APPOINTMENT OF JOE JACQUOT AS A MEMBER OF THE JACKSONVILLE ETHICS COMMISSION, PURSUANT TO CHAPTER 602, ORDINANCE CODE, FOR A PARTIAL TERM BEGINNING FEBRUARY 1, 2012, AND EXPIRING DECEMBER 31, 2013; PROVIDING AN EFFECTIVE DATE; 4/16/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: April 30, 2012

 

Recommend to APPROVE.

 

AYES - Bishop, Boyer, Crescimbeni, Gaffney, Schellenberg, Yarborough, ( 6 )

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9.    2012-242   A RESOLUTION CONFIRMING THE APPOINTMENT OF THOMAS C. PAUL AS A MEMBER OF THE JACKSONVILLE ETHICS COMMISSION, PURSUANT TO CHAPTER 602, ORDINANCE CODE, REPLACING MARY SWART, FOR A FIRST FULL TERM BEGINNING MARCH 5, 2012, AND EXPIRING DECEMBER 31, 2014; PROVIDING AN EFFECTIVE DATE; 4/16/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: April 30, 2012

 

Recommend to APPROVE.

 

AYES - Bishop, Boyer, Crescimbeni, Gaffney, Schellenberg, Yarborough, ( 6 )

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10.    2012-243   A RESOLUTION CONFIRMING THE APPOINTMENT OF LAURENCE C. PRITCHARD AS A MEMBER OF THE JACKSONVILLE ETHICS COMMISSION, PURSUANT TO CHAPTER 602, ORDINANCE CODE, FOR A PARTIAL TERM BEGINNING APRIL 3, 2012, AND EXPIRING DECEMBER 31, 2012; PROVIDING AN EFFECTIVE DATE; 4/16/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: April 30, 2012

 

Recommend to APPROVE.

 

AYES - Bishop, Boyer, Crescimbeni, Gaffney, Schellenberg, Yarborough, ( 6 )

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11.    2012-179   A RESOLUTION APPOINTING RICHARD A. TIPPING, JR. AS A MEMBER OF THE BUILDING CODES ADJUSTMENT BOARD, REPLACING JOSEPH R. FRISCO, JR., PURSUANT TO CHAPTER 56, ORDINANCE CODE, FOR A PARTIAL TERM EXPIRING SEPTEMBER 30, 2013; PROVIDING AN EFFECTIVE DATE; 3/19/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: April 30, 2012

 

Recommend  to WITHDRAW.

 

AYES - Bishop, Boyer, Crescimbeni, Gaffney, Schellenberg, ( 5 )

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12.    2012-244   A RESOLUTION CONFIRMING THE REAPPOINTMENT OF L.E. HUTTON AS A MEMBER OF THE JACKSONVILLE ETHICS COMMISSION, PURSUANT TO CHAPTER 602, ORDINANCE CODE, FOR A SECOND FULL TERM EXPIRING DECEMBER 31, 2014; PROVIDING AN EFFECTIVE DATE; 4/16/2012 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: April 30, 2012

 

Recommend to APPROVE.

 

AYES - Bishop, Boyer, Crescimbeni, Gaffney, Schellenberg, ( 5 )

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13.    2012-270   AN ORDINANCE MAKING CERTAIN FINDINGS AND AUTHORIZING THE MAYOR OR HIS DESIGNEE, AND THE EXECUTIVE DIRECTOR OF THE JACKSONVILLE ECONOMIC DEVELOPMENT COMMISSION ("JEDC") OR OTHER INDIVIDUAL DESIGNATED BY THE MAYOR, TO EXECUTE (1) AN AMENDED AND RESTATED PURCHASE AND SALE AND REDEVELOPMENT AGREEMENT ("REDEVELOPMENT AGREEMENT") BETWEEN THE CITY OF JACKSONVILLE ("CITY"), JACKSONVILLE ECONOMIC DEVELOPMENT COMMISSION ("JEDC"), HALLMARK PARTNERS, INC. ("DEVELOPER"), HP/CSD PARTNERS, LLC, AND 200 RIVERSIDE AVENUE, LLP ("OWNERS"); (2) AN AMENDED AND RESTATED INFRASTRUCTURE COSTS DISBURSEMENT AGREEMENT BETWEEN THE CITY AND DEVELOPER ("DISBURSEMENT AGREEMENT"), AND (3) RELATED AGREEMENTS AS DESCRIBED IN THE REDEVELOPMENT AGREEMENT, FOR THE COMPLETION OF THE PUBLIC OPEN SPACE, ROAD AND UTILITY IMPROVEMENTS APPROVED BY ORDINANCE 2007-831-E; AUTHORIZING A RECAPTURE ENHANCED VALUE (REV) GRANT NOT TO EXCEED $4,905,980; WAIVING THE PUBLIC INVESTMENT POLICY RESTRICTIONS ON REV GRANT TERMS; INVOKING THE EXEMPTION OF THE PROCUREMENT CODE, SECTION 126.107(G), ORDINANCE CODE, TO AUTHORIZE DIRECT CONTRACTING WITH THE DEVELOPER; DESIGNATING THE JEDC AS CONTRACT MONITOR FOR THE REDEVELOPMENT AGREEMENT AND THE DEPARTMENT OF PUBLIC WORKS AS THE CONTRACT MONITOR FOR THE DISBURSEMENT AGREEMENT; 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 THEY ARE DELIVERED TO THE DEVELOPER; PROVIDING AN EFFECTIVE DATE

 

Recommend to SUBSTITUTE and READ 2ND & REREFER.

 

AYES - Bishop, Boyer, Crescimbeni, Gaffney, Schellenberg, ( 5 )

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14.    2012-278   A RESOLUTION COMMENDING THE TERRY PARKER BOYS' BASKETBALL TEAM ON REACHING THE STATE CLASS 5A CHAMPIONSHIP GAME; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

AYES - Bishop, Boyer, Crescimbeni, Gaffney, Schellenberg, ( 5 )

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15.    2012-279   A RESOLUTION HONORING AND COMMENDING DOUGLAS ANDERSON SCHOOL OF THE ARTS ON BEING NAMED THE 2012 NATIONAL GRAMMY SIGNATURE SCHOOL BY THE GRAMMY FOUNDATION; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

AYES - Bishop, Boyer, Crescimbeni, Gaffney, Schellenberg, ( 5 )

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16.    2012-282   A RESOLUTION HONORING AND COMMENDING THE JACKSONVILLE SUNS BASEBALL TEAM ON THE OCCASION OF THEIR 50TH ANNIVERSARY; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

AYES - Bishop, Boyer, Crescimbeni, Gaffney, Schellenberg, ( 5 )

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2ND READINGS

 

17.    2012-276   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF JEFREE SHALEV, A DUVAL COUNTY RESIDENT, TO THE ART IN PUBLIC PLACES COMMISSION, SERVING AS A LAY CITIZEN, REPLACING JAMES REED BEAUBOUEF, PURSUANT TO SECTION 126.903, ORDINANCE CODE, FOR A FIRST FULL TERM TO EXPIRE DECEMBER 31, 2014; PROVIDING AN EFFECTIVE DATE.

 

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18.    2012-277   A RESOLUTION CONFIRMING THE MAYOR'S REAPPOINTMENT OF MARVIN HILL, DUVAL COUNTY RESIDENT AND FORMER PLANNING COMMISSIONER, AS AN ALTERNATE MEMBER TO THE PLANNING COMMISSION, PURSUANT TO CHAPTER 30, PART 2, ORDINANCE CODE, FOR FIRST FULL TERM TO EXPIRE OCTOBER 1, 2014; PROVIDING AN EFFECTIVE DATE

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19.    2012-283   AN ORDINANCE RELATING TO THE UNIFIED COURTHOUSE PROGRAM; AMENDING ORDINANCE 2007-401-E, TO PROVIDE NEW SUBSECTIONS (C.)(CONSULTATION WITH STATE ATTORNEY) AND (D.) (PROMPT COMPLETION) TO SECTION 4 (RESPONSIBILITIES OF THE ARCHITECTURAL REVIEW COMMITTEE, CHIEF JUDGE AND COUNCIL PRESIDENT), TO PROVIDE FOR STATE ATTORNEY ADVICE AND COUNSEL REGARDING THE UNIFIED COURTHOUSE PROGRAM AND THE RENOVATIONS TO THE OLD FEDERAL COURTHOUSE; AND TO URGE PROMPT COMPLETION OF THE UNIFIED COURTHOUSE PROGRAM INCLUDING THE OLD FEDERAL COURTHOUSE; PROVIDING FOR ORDINANCE 2007-401-E TO REMAIN OTHERWISE UNCHANGED AND IN FULL FORCE AND EFFECT; PROVIDING FOR EMERGENCY PASSAGE; PROVIDING FOR AN EFFECTIVE DATE

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