CN::
RULES
COMMITTEE AGENDA
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Monday January 03,
2011 |
Tape
No.________________________ |
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10:00 A.M. |
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Council Chambers 1st
Floor, City Hall |
Dana Farris, Chief of
Legislative Services |
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E. Denise Lee,
Chair Excused |
Legislative
Assistant: Juliette Williams |
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Stephen Joost, Vice
Chair |
Attorney: Peggy
Sidman |
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Richard Clark Excused |
Council Auditor:
Sean Costigan |
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Clay Yarborough |
Research Asst.:
Rick Campbell |
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Art Shad |
Administration:
Sherry Hall |
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John Crescimbeni |
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William Bishop |
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Meeting Convened 10:04
A.M. Meeting
Adjourned 10:50 A.M.
If a person decides to appeal any decision made by the
Council with respect to any matter considered at such meeting, such person will
need a record of the proceedings, and for such purpose, such person may need to
ensure that a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based.
Attendance:
Speakers
2010-814 Mike Clapsaddle – Chief of Procurement
2010-867 Harrison Conyers – Veterns Services Mgr
2010-884 Vince Seibold - Chief of Environmental Quaility
NOTE: Due to the Martin Luther King Holiday the next regular meeting will be held Tuesday January 18, 2011
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Item/File No. |
Title/History |
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1. 2010-360 |
RESO
Making Findings Pursuant to Sec 409.147, F.S.; Designate New Town
Neighborhood in 32209 as Jax Children's Initiative. (Sidman) (Introduced by
C/M Jones) |
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1.
5/11/2010 CO Introduced: R,PHS |
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5/17/2010 PHS Read 2nd &
Rerefer; 5/17/2010 R Read 2nd &
Rerefer |
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2.
5/25/2010 CO Read 2nd & Rereferred; R, PHS |
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BILL SUMMARY DEFER |
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2. 2010-695 |
ORD-MC
Amend Secs 655.304 (Fair Share Assessmt Administrative Procedures; Admin
Approval Process for Fair Share Assessmt Contracts with Assessmts Less than
$100,000), Ord Code, 655.305 (Public Notice & Hearing Requiremts for
Council Approval of Fair Share Assessmt Contracts with Assessmts of $100,000
or More, or with Terms Longer than 5 Yrs) & Creating New Sec 655.308
(Alternative Formula Fair Share Assessmt Contracts) to set an Alternative
Formula for Fair Share Assessmt Contracts; Providing Eligibility Criteria for
use of Alternative Formula. (Reingold) (Introduced by C/M Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 9/14/10 |
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1.
8/24/2010 CO Introduced: R,TEU,F |
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9/7/2010 R Read 2nd & Rerefer; 9/7/2010 TEU Read 2nd & Rerefer |
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9/8/2010 F Read 2nd & Rerefer |
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2.
9/14/2010 CO PH Read 2nd & Rereferred; R, TEU, F |
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12/6/2010 TEU Sub/Rerefer 5-0; 12/6/2010 R Sub/Rerefer 5-0 |
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12/7/2010 F Sub/Rerefer 4-0 |
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3.
12/14/2010 CO SUBSTITUTE/ Rerefer; R, TEU, F |
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BILL SUMMARY AMEND/APPROVE 5 - 0 Job creation would be used as
an eligibility element not as additional credit. |
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3. 2010-766 |
ORD-MC
Creating new Sec 634.102(f), Ord Code, to Estab a $40 Court Cost on Felonies,
Misdemeanors & Criminal Traffic Infractions to fund Elements of State
Court Syst, Provide Progs thru Jax Area Legal Aid, Inc for Education,
Mediation & Defense of Foreclosure Actions for Disadvantaged; Sunset on
12/31/14; Amend Sec 111.385 (Court Cost $65 Trust Fund per Sec 939.185 F.S.)
to Conform Same to Statutory Changes; Create New Sec 111.386 (Court Cost $40
Trust Fund per Sec 939.185(1)(b) F.S.) to Receive Authorized Court Costs.
(Rohan) (Introduced by C/M Hyde) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/12/10 |
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1.
9/28/2010 CO Introduced: F,PHS,R |
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10/4/2010 R Read 2nd & Rerefer |
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10/5/2010 PHS Read 2nd &
Rerefer; 10/5/2010 F Read 2nd &
Rerefer |
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2.
10/12/2010 CO PH Read 2nd & Rereferred; F, PHS, R |
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BILL SUMMARY DEFER |
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4. 2010-795 |
ORD
Auth Joint Use Agreemt with Twin Hills Civic Assn, Inc; Designate Oversight
by Rec & Community Svcs Dept. (Sidman) (Introduced by C/M Reggie Brown) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/26/10 |
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1.
10/12/2010 CO Introduced: R,RCD,F |
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10/18/2010 RCD Read 2nd &
Rerefer; 10/18/2010 R Read 2nd &
Rerefer |
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10/19/2010 F Read 2nd & Rerefer |
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2.
10/26/2010 CO PH Read 2nd & Rereferred; R, RCD, F |
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BILL SUMMARY APPROVE 4 – 1 (Yarborough) |
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5. 2010-814 |
RESO
re Council's Support for Local Bill J-4 that Amends Article 1 (Govt) of City
Charter to Estab a new Chapt 3 (Transparency in Govt) Setting Policy,
Addressing Votes Required to Waive Ord Code, Require Written Contracts before
Recommendation or Passage by Council; Setting Types of Contracts that must
have Council Apv, Require Addnl PH's for Certain Matters before Council,
Limit Manner to Amend Legislation & Require Recordation of Votes at
Council Mtg. (Rohan) (Introduced by C/M Johnson) |
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1.
10/26/2010 CO Introduced: R, F ( Added to F 11-9-10) |
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11/1/2010 R Read 2nd & Rerefer |
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2.
11/9/2010 CO Read 2nd & Rereferred; R, F |
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BILL SUMMARY DEFER |
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6. 2010-836 |
ORD-MC
Creating New Chapt 685 (Sexual Offender & Sexual Predator Regulation),
Ord Code; Renumber Secs 674.501, 674.502 & 674.503 to be Secs 685.101,
685.102 & 685.103; Create New Sec 685.104 (Prohibited Holiday Activity
for Sexual Offenders; Exceptions) to Regulate Dress & Conduct of Sexual
Offenders & Sexual Predators around Children During Holidays; Prohibit
their Participation in Holiday Activities that would Present Increased
Opportunities to Gain & Violate Trust of Children; Provide for
Residential Signage & other Responsibilities for Sexual Offenders &
Predators during Halloween; Providing Penalties. (Rohan) (Introduced by C/M
Redman) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 11/9/10 |
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1.
10/26/2010 CO Introduced: R,F,PHS |
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11/1/2010 R Read 2nd & Rerefer |
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11/2/2010 PHS Read 2nd &
Rerefer; 11/2/2010 F Read 2nd &
Rerefer |
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2.
11/9/2010 CO PH Read 2nd & Rereferred; R, F, PHS |
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BILL SUMMARY DEFER |
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7. 2010-855 |
ORD
Auth Amend #1 to Interlocal Agreemt with Town of Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 11/23/10 |
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1.
11/9/2010 CO Introduced: R,RCD,F,PHS |
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11/15/2010 RCD Read 2nd &
Rerefer; 11/15/2010 R Read 2nd &
Rerefer |
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11/16/2010 PHS Read 2nd &
Rerefer; 11/16/2010 F Read 2nd &
Rerefer |
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2.
11/23/2010 CO PH Read 2nd & Rereferred; R, RCD, F, PHS |
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BILL SUMMARY DEFER |
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8. 2010-856 |
ORD-MC
Amend Chapt 250, Ord Code, Prohibiting Location of a Vendor's Vending Cart,
Display Device, or Accessory Container within 1 mile of Propty Line of a
Permanent Business selling Same Types of Products. (Sidman) (Introduced by
C/P Webb; Co-Sponsored by C/M Joost, Holt & Fussell) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 11/23/10 |
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1.
11/9/2010 CO Introduced: R,RCD, LUZ
(Added to LUZ by CP 10/13/10) |
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11/15/2010 RCD Read 2nd &
Rerefer; 11/15/2010 R Read 2nd &
Rerefer |
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2.
11/23/2010 CO PH Read 2nd & Rereferred; R, RCD, LUZ (Added to LUZ by CP
12/13/10) |
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BILL SUMMARY DEFER Joint Committee meeting will be
held for this bill on Wednesday, January 5th. |
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9. 2010-861 |
RESO
Conf Reappt of M.G. Orender as Member of Comcast Settlemt Community Panel for
5th Term exp 12/31/11. (Welsh) (Introduced by C/P Webb) |
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1.
11/23/2010 CO Introduced: R |
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12/6/2010 R Read 2nd & Rerefer |
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2.
12/14/2010 CO Read 2nd & Rereferred; R |
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APPROVE 5 - 0 |
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10. 2010-862 |
RESO
Reappt Brad King as Member of Jax Housing & Community Dev Comm as
Residential Home Bldg Industry Rep for 2nd Term exp 11/30/14. (Welsh)
(Introduced by C/P Webb) |
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1.
11/23/2010 CO Introduced: R |
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12/6/2010 R Read 2nd & Rerefer |
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2.
12/14/2010 CO Read 2nd & Rereferred; R |
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APPROVE 5 - 0 |
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11. 2010-863 |
RESO
Reappt Christian W "Kip" Kuhn as Member of Bldg Codes Adjustmt Bd
for 2nd Term exp 9/30/13. (Welsh) (Introduced by C/P Webb) |
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1.
11/23/2010 CO Introduced: R |
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12/6/2010 R Read 2nd & Rerefer |
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2.
12/14/2010 CO Read 2nd & Rereferred; R |
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APPROVE 5 - 0 |
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12. 2010-865 |
ORD
Estab 2011-2012 Priority Populations for Public Svc Grant Approp, Pursuant to
Sec 118.805 (Eligibility Qualifications for Public Svc Grants), Ord Code.
(Hodges) (Introduced by C/P Webb) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 12/14/10 |
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1.
11/23/2010 CO Introduced: R,F |
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12/6/2010 R Read 2nd & Rerefer |
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12/7/2010 F Read 2nd & Rerefer |
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2.
12/14/2010 CO PH Read 2nd & Rereferred; R, F |
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AMEND/APPROVE 4 – 1
(Yarborough) |
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13. 2010-867 |
ORD
Approp $200,000 from & Auth Agreemt with Enterprise Florida, Inc to
Target Willing Sellers of Land-Use Easemts within the AICUZ of Outlying Field
Whitehouse; Auth Funds Carryover to Future FY's. (BT 11-016) (McCain) (Req of
Mayor) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 12/14/10 |
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1.
11/23/2010 CO Introduced: R,RCD,F,LUZ |
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12/6/2010 R Read 2nd & Rerefer; 12/6/2010 RCD Read 2nd & Rerefer |
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12/7/2010 LUZ Read 2nd &
Rerefer; 12/7/2010 F Read 2nd &
Rerefer |
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2.
12/14/2010 CO PH Read 2nd & Rereferred; R, RCD, F, LUZ |
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APPROVE 5 - 0 |
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14. 2010-873 |
ORD
Revising the Carryover Language in var Dept of Housing & Neighborhoods
Approp Ord from 2004 thru 2010 to Prevent Lapse of Funding due to Language
that does Not Provide Yr to Yr Carryovers. (McCain) (Req of Mayor) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 12/14/10 |
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1.
11/23/2010 CO Introduced: R,RCD,F |
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12/6/2010 R Read 2nd & Rerefer; 12/6/2010 RCD Read 2nd & Rerefer |
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12/7/2010 F Read 2nd & Rerefer |
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2.
12/14/2010 CO PH Read 2nd & Rereferred; R, RCD, F |
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APPROVE 4 – 1 (Yarborough) |
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15. 2010-884 |
ORD
Approp $40,000 from Environmental Protection Fund (EPF) for Environmental
Protection Bd to fund a Low Impact Dev (LID) Design Competition using Hemming
Plaza as a Test Case with $15,000 for Awards ($7,500 - 1st place, $5,000 -
2nd, $2,500 -3rd) & $25,000 for Publicity ($5,000 to Initiate
Competition, $10,000 for Award Ceremony & $10,000 for Publicity of
Winners; Waive Conflicting Provisions of Secs 111.755 (EPF) & 360.602
(Uses of Fund), Ord Code; Auth Funds Carryover to FY 2011-2012; Designate
Oversight by Environmental & Compliance Dept. (BT 11-021) (McCain) (Req
of Mayor) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 12/14/10 |
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1.
11/23/2010 CO Introduced: R,TEU,F |
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12/6/2010 R Read 2nd & Rerefer; 12/6/2010 TEU Read 2nd & Rerefer |
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12/7/2010 F Read 2nd & Rerefer |
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2.
12/14/2010 CO PH Read 2nd & Rereferred; R, TEU, F |
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DEFER |
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16. 2010-887 |
RESO
Conf Appt of John Donahoo, III as Chairperson of the Public Svc Grant Council
for 1st Full Term exp 3/31/11. (Sidman) (Req of Mayor) |
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1.
11/23/2010 CO Introduced: R |
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12/6/2010 R Read 2nd & Rerefer |
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2.
12/14/2010 CO Read 2nd & Rereferred; R |
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AMEND/APPROVE 5 - 0 1. ID
Chair being replaced 2. Correct PSG Council Responsibility |
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17. 2010-892 |
ORD
Auth Supv of Elections to Execute a Standard Form of Agreemt for Early Voting
& Polling Locations for Elections, & Auth Mayor to Execute Same for
City-Owned Locations. (Chastain) (Req of Supv of Elections) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/11/11 |
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1.
12/14/2010 CO Introduced: R,F |
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BILL SUMMARY READ 2ND &
REREFER |
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18. 2010-894 |
ORD
Auth a Memo of Agreemt with FDOT allowing FDOT to undertake Improvemts to
Bridge #724031 on Jones Rd over Six Mile Creek. (McCain) (Req of Mayor) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/11/11 |
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1.
12/14/2010 CO Introduced: TEU,F,R |
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BILL SUMMARY READ 2ND &
REREFER |
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19. 2010-895 |
ORD
Auth Risk Mgr to Dispose of a Damaged Schweizer Model 300C Helicopter by (1)
Submitting Documents to Federal Insurance Co to Substantiate Damage to &
Loss of Propty; (2) Negotiate Price to be Paid by Federal & Sign Settlemt
Documents; (3) Accept Pymt for Propty & (4) Transfer Title to Federal for
Disposal of Propty. (McCain) (Req of Mayor) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/11/11 |
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1.
12/14/2010 CO Introduced: TEU,F,R |
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BILL SUMMARY READ 2ND &
REREFER |
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20. 2010-897 |
ORD
Granting Renewal of CON to J.B. Coxwell Contracting, Inc for a Constrn &
Demolition Materials Recovery Facility; Providing Conditions. (McCain)
(Council Pres Pursuant to Chapt 380, Ord Code) TEU
PH Pursuant to Section 380, Ord Code - 1/17/11 Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/24/11 |
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1.
12/14/2010 CO Introduced: TEU,R |
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BILL SUMMARY AMEND/REREFER 5 - 0 |
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21. 2010-898 |
ORD
Renaming the Northbank Riverwalk Park "Sidney Gefen Riverwalk
Park"; Waiving Sec 122.102(a), Ord Code, re Naming Public Facilities
after Living Individuals. (McCain) (Req of Mayor & C/M Jones) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/11/11 |
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1.
12/14/2010 CO Introduced: R,RCD |
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BILL SUMMARY READ 2ND &
REREFER |
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22. 2010-901 |
ORD-MC
re Downtown Surface Parking & Vacant Parcel Uses; Amend Sec 656.132
(Zoning Variances) to Correct Scrivenor's Error; Amend Chapt 656 (Zoning
Code) Subpart H (Downtown Overlay Zone & Downtown Dist Regs), Pt 3 (Schedule
of Dist Regs) to Create Definition for Commercial Surface Parking Lot &
Temp Surface Parking Lot, to Require Surface Parking Lot Uses to be
Permissible by Exception Only in Certain Downtown Dists, to Auth Surface
Parking Bonus Uses in Certain Downtown Dists, to Require Owners to meet
Design Standards & Licensing Requiremts by Date Certain, Auth a Legally
Nonconforming Use for those Parking Lots in Downtown Dists where Prohibited,
Modify Size of Surface Lots Requiring Conformance with Landscaping Requiremts,
Create New Sec 656.361.24 (Licensing of Surface Parking Lots within the
Downtown Zoning Overlay Dist), re Mechanism for Licensing, Create New Sec
656.361.25 (Vacant Lot Regs) re Developmt & Maint Requiremts; &
Create New Sec 656.361.26 (Temp Parking Lot Regs) for Proptys Used Temp for
Surface Parking. (Teal) (Req of Mayor) LUZ
PH Pursuant to Sec 656.123, Ord Code - 1/19/11 Public
Hearing Pursuant to Sec 166.041(3)(c)(2), F.S. - 1/11/11 & 1/25/11 |
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1.
12/14/2010 CO SUBSTITUTE(FL)/ Rerefer; LUZ,R; 12/14/2010 CO Introduced: LUZ |
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BILL SUMMARY READ 2ND &
REREFER |
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23. 2010-902 |
ORD
Approp $100,000 from Environmental Protection Fund (EPF) for Sedimentation
Dredging of Riverside Park Duck Pond; Auth Funds Carryover to FY 2011-2012
& Reverter of Unexpended Funds to EPF; Waive Conflicting Provisions of
Secs 111.755 (EPF), Ord Code & 360.602 (Uses of Fund); Designate
Oversight by Environmental & Compliance Dept. (Teal) (Introduced by C/M
Corrigan) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/11/11 |
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1.
12/14/2010 CO Introduced: R,RCD,TEU,F |
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BILL SUMMARY READ 2ND &
REREFER |
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24. 2010-904 |
ORD
Apv Revision of Voting Precinct Boundaries of Precincts 10 & 10A,
Pursuant to Sec 352.101, Ord Code; Apv New Polling Place for Precinct 10N,
Pursuant to Sec 352.102. (Rohan) (Req of Supv of Elections) Public
Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/11/11 |
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1.
12/14/2010 CO Introduced: R |
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BILL SUMMARY READ 2ND & REREFER |
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25. 2010-905 |
RESO
Apv 10 Early Voting Sites for 2011 1st Consolidated Govt Election & Gen
Consolidated Govt Election; Identifying Locations, Dates & Times for
Early Voting. (Rohan) (Req of Supv of Elections) |
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1.
12/14/2010 CO Introduced: R |
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BILL SUMMARY READ 2ND &
REREFER |
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26. 2010-906 |
RESO
Conf Appt of Tera Meeks as Chief of the Waterfront Mgmt & Programming Div
of the Rec & Community Svcs Dept. (McCain) (Req of Mayor) |
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1.
12/14/2010 CO Introduced: R |
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BILL SUMMARY READ 2ND &
REREFER |
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27. 2010-908 |
RESO
Conf Appt of Kurtis R Wilson as Chief of Administrative Svcs Div, Jax Fire
& Rescue. (McCain) (Req of Mayor) |
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1.
12/14/2010 CO Introduced: R |
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BILL SUMMARY READ 2ND &
REREFER |
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28. 2010-909 |
RESO
Conf Appt of Ivan T Mote as Chief of Training Div, Jax Fire & Rescue.
(McCain) (Req of Mayor) |
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1.
12/14/2010 CO Introduced: R |
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BILL SUMMARY READ 2ND &
REREFER |
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29. 2010-910 |
RESO
Conf Appt of Eleanor W Byrd as Chief of Rescue Div, Jax Fire & Rescue.
(McCain) (Req of Mayor) |
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1.
12/14/2010 CO Introduced: R |
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BILL SUMMARY READ 2ND &
REREFER |
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30. 2010-911 |
RESO
Conf Appt of Charles E Moreland as Director & Fire Chief of the Jax Fire
& Rescue Dept. (McCain) (Req of Mayor) |
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1.
12/14/2010 CO Introduced: R |
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BILL SUMMARY READ 2ND &
REREFER |
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31. 2010-912 |
RESO
Honoring & Congratulating the JTA for 55 Years of Efficient &
Effective Service to the Community. (Clements) (Introduced by C/M Jones) |
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1.
12/14/2010 CO Introduced: R |
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READ 2ND &
REREFER |
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32. 2010-913 |
RESO
Honoring & Commending the Work of the Most Reverend Victor Galeone, D.D.,
upon Retiremt as Bishop of the Catholic Diocese of |
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1.
12/14/2010 CO Introduced: R |
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APPROVE 5 - 0 |
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33. 2010-914 |
RESO
Recognizing & Commending John E Markiewicz, Commander, Disabled American
Veterans Dept of Fla for Yrs of Dedicated Svc on Behalf of Disabled Military
Veterans & their Families. ( |
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1.
12/14/2010 CO Introduced: R |
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APPROVE 5 - 0 |
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34. 2010-915 |
RESO
Conf Appt of Ben Thompson to Art in Public Places Comm as an Art
Professional, Replacing Maarten J van de Guchte, for 1st Full Term exp
12/31/12. (Sidman) (Req of Mayor) |
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1.
12/14/2010 CO Introduced: R |
|
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BILL SUMMARY READ 2ND &
REREFER |
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35. 2010-916 |
RESO
Conf Appt of Ali Korman to Art in Public Places Comm as a Cultural Council
Rep, Replacing Jackie Cornelius, for 1st Full Term exp 12/31/12. (Sidman)
(Req of Mayor) |
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1.
12/14/2010 CO Introduced: R |
|
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BILL SUMMARY READ 2ND &
REREFER |
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36. 2010-917 |
RESO
Conf Appt of Sandra Hull-Richardson to Art in Public Places as a Lay Citizen
Rep of Planning Dist #5, Replacing Lydia P Stewart for 1st Full Term exp
12/31/13. (Sidman) (Req of Mayor) |
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1.
12/14/2010 CO Introduced: R |
|
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BILL SUMMARY READ 2ND & REREFER |
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37. 2010-918 |
RESO
Conf Appt of Holly Keris to Art in Public Places Comm as an Art Professional,
Replacing |
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1.
12/14/2010 CO Introduced: R |
|
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BILL SUMMARY READ 2ND &
REREFER |
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38. 2010-919 |
RESO
Conf Appt by Mayor & Council Pres of Curtis L Hart, Chair to the Jax
Journey Oversight Comm, Replacing Paul Perez, for 1st Full Term exp 12/31/12.
(Sidman) (Council Pres & Req of Mayor) |
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1.
12/14/2010 CO Introduced: R |
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BILL SUMMARY READ 2ND &
REREFER |
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39. 2010-920 |
RESO
Conf Appt of Wilhelmina Pinckney as Member of Jax - Duval County Council on
Elder Affairs, as Dist 9 Rep, Replacing Keith M Myers, for Partial Term exp
6/30/11, followed by 1st Full Term exp 6/30/13. (Welsh) (Introduced by C/M
Jones) |
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1.
12/14/2010 CO Introduced: R |
|
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BILL SUMMARY READ 2ND &
REREFER |
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40. 2010-921 |
RESO
Conf Appt of Robert M Rhodes to Sports & Entertainmt Bd, Replacing
Matthew Couloute, Jr, for 1st Full Term exp 9/30/14. (Sidman) (Req of Mayor) |
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1.
12/14/2010 CO Introduced: R |
|
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BILL SUMMARY AMEND/APPROVE 5 - 0 Correct bill # from 2011-921
to 2010-921 |
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41. 2010-924 |
RESO
Conf Appt by Mayor & Council Pres of Tracy Strickland Tousey to Jax
Journey Oversight Comm, Replacing Curtis Hart, for 1st Full Term exp
12/31/12. (Sidman) (Council Pres & Req of Mayor) |
|
|
1.
12/14/2010 CO Introduced: R |
BILL
SUMMARY
READ 2ND & REREFER
***NOTE: Other items may be added to the agenda at the
discretion of the Chair.***