CN::
RULES COMMITTEE
MEETING MINUTES -
AMENDED
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Monday
November 17, 2014 |
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9:00
A.M. |
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Council
Chambers 1st Floor, City Hall |
Dana
M. Farris, Chief
of Legislative Services |
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Bill
Gulliford, Chair |
Legislative
Aide: Juliette Williams |
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Warren
Jones, Vice Chair |
Council
Auditors: Heather Reber, Kyle Billy; Philip Peterson, Brian Parks |
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Johnny
Gaffney (arr. 9:50) |
Deputy
General Counsel: Peggy Sidman |
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Stephen
Joost |
Chief
of Research: Jeff Clements |
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Robin
Lumb |
Administration:
Margo Klosterman |
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Don
Redman (arr. 9:15) |
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Matt
Schellenberg |
Meeting Convened 9:01
a.m. Meeting
Adjourned 12:36 p.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:
C/M
Richard Clark Jason Gabriel,
Steve Durden, Jason Teal - OGC
C/M
Bill Bishop Ronnie
Belton, Glenn Hansen – Finance Department
C/M
Jim Love
C/M
Lori Boyer
C/M
Greg Anderson
C/M
Denise Lee
NOTE:
The next regular meeting will be held Monday, December 1, 2014
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Item/File No. |
Title/History |
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1. 2013-493 |
ORD-MC Amend Chapt 656, Part 13 (Sign
Regs), Ord Code; Amend Secs 656.1301 (Gen Provisions), 656.1302 (Definitions)
to add new Definition for Replacemt of Off-Site Commercial Signs (OSCS),
656.1303 (Zoning Limitations on Signs) to allow Maint & Repair of OSCS,
656.1309 (Unlawful Sign Messages) for Exemption for Replacemt OSCS; Create
New Sec 656.1322 (Replacement OSCS) to allow Replacemt OSCS in certain Zoning
Dists when Existing OSCS Inventory is Further Reduced; Create New Sec
656.1323 (Appeals from Bldg Inspections Div [BID]) to Require Challenges by
Aggrieved Parties of BID Final Actions to be Pursued thru Appeal to Planning
Comm; Amend Article 23, City Charter, to Halt Proliferation of Off-Site
Commercial Billboards (OSCB) by Capping Existing Inventory of OSCB & only
Permitting Replacemt when Existing Inventory is Further Reduced & to
Promote Public Safety & Aesthetics by allowing Repair & Maint of
Existing OSCB as of Effective Date of this Ord; Amend Sec 614.142 (Unlawful
Sign Messages), Chapt 614 (Public Order & Safety). (Sanders &
Diebenow) (Introduced by CM Clark) (PD & PC Am/Apv) (Urban CPAC, NW CPAC,
North CPAC, SE CPAC, GA/B CPAC & SW CPAC req Deny) LUZ PH Pursuant to Sec 656.123 -
8/20/13, 10/1/13, 10/15/13, 11/5/13, 12/3/13 & 1/22/14, 2/19/14, 3/4/14,
3/18/14, 4/1/14, 5/6/14, 6/3/14, 6/17/14, 7/15/14, 8/19/14 & 9/16/14,
10/7/14, 10/21/14, 11/5/14, 12/2/14 Public Hearing Pursuant to Sec
166.041(3)(c)(2), F.S. & CR 3.601 - 8/13/13 & 8/27/13, 10/8/13,
10/22/13, 11/12/13, 12/10/13 & 1/14/14 & 1/28/14, 2/25/14, 3/11/14,
3/25/14, 4/8/14, 5/13/14, 6/10/14, 6/24/14, 7/22/14, 8/27/14 & 9/23/14,
10/14/14, 10/28/14, 11/12/14, 12/9/14 |
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1. 7/23/2013 CO Introduced:
R,PHS,LUZ, RCDPHS (Per CP 6/25/14) |
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8/5/2013 PHS Read 2nd & Rerefer;
8/5/2013 R Read 2nd & Rerefer |
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8/6/2013 LUZ Read 2nd & Rerefer |
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2. 8/13/2013 CO PH Addnl 8/27/13/
Read 2nd & Rerefer; R, PHS, LUZ |
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3. 8/27/2013 CO PH Contd 10/8/13 |
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10/8/2013 CO PH Contd 10/22/13 |
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10/22/2013 CO PH Contd 11/12/13 |
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11/12/2013 CO PH Contd 12/10/13 |
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11/18/2013 PHS Sub/Rerefer 4-0;
11/18/2013 R Sub/Rerefer 7-0 |
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12/3/2013 LUZ PH Sub/Rerefer R, PHS,
LUZ 6-0 |
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12/10/2013 CO PH
SUBSTITUTED/Rereferred; R, PHS, LUZ |
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1/14/2014 CO PH Addnl 1/28/14 |
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1/28/2014 CO PH Contd 2/25/14 |
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2/25/2014 CO PH Contd 3/11/14 |
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3/11/2014 CO PH Contd 3/25/14 |
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3/25/2014 CO PH Contd 4/8/14 |
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4/8/2014 CO PH Contd 5/13/14 |
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5/13/2014 CO PH Contd 6/10/14 |
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6/10/2014 CO PH Contd 6/24/14 |
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6/24/2014 CO PH Contd 7/22/14 |
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7/22/2014 CO PH Contd 8/27/14 |
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8/19/2014 LUZ PH SUB/Rerefer 6-0; 8/19/2014
RCDPHS Sub/Rerefer 6-0 |
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8/27/2014 CO
PH/Discharge;R/SUBSTITUTE/ Rerefer; R,RCDPHS,LUZ |
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9/23/2014 CO PH Contd 10/14/14 |
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10/14/2014 CO PH Contd 10/28/14 |
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10/28/2014 CO PH Contd 11/12/14 |
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Bill
Summary DEFER |
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2. 2014-306 |
ORD-MC Amend Chapt 126 (Procurement
Code), Section 126.102 (Definitions); Creating the Jacksonville Procurement
Awards Committee (JPAC); Reducing 3 Awards Committees to 1 Committee;
Clarifying Language throughout the Chapter; Create Secs 126.219 (Public
Private Partnerships) & 126.220 (Unsolicited Proposals); Create New Part
7 (Protest Procedures) & New Part 10 (Federal Affirmative Action
Compliance); Reorganizing & Numbering Certain Parts. (Brooks) (Req of
Mayor) Public Hearing Pursuant to Chapt 166,
F.S. & CR 3.601 - 5/27/14 |
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1. 5/13/2014 CO Introduced: R,F |
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5/19/2014 R Read 2nd & Rerefer |
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5/20/2014 F Read 2nd & Rerefer |
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2. 5/27/2014 CO PH Read 2nd &
Rereferred; R, F |
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Bill
Summary Fact Sheet DEFER |
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3. 2014-386 |
ORD-MC Amend Chapt 121 (Police &
Firefighters Pension Plan), by Amending & Creating Var Sections to Create
a new Member Category known as "Group II Member" based on Date of
Hire on or after 1/1/15; Revising Contribution Percentages of Existing Plan
Members; Outlining Mutual Obligations of City & the Police & Fire
Pension Fund Bd of Trustees; Outline Investment Authority of the Trustees, Outline
Qualifications for future Executive Administrators of the Fund; Outline
Fund's use of the Ofc of Gen Counsel; Outline Benefits to Group I and Group
II Members; Estab Backdrop Prog of Benefits Extended to Group II Members;
Create New Part 5 (Financial Investmt & Adv Comm); Create New Part 6
(Ethics, Fiduciary Responsibilities & Best Practices); Amend Article 22
(Jacksonville Police & Fire Pension Bd of Trustees), City Charter; Apv
the 2014 Retirement Reform Agreemt; Attach Required Actuarial Impact Statemt.
(Laquidara) (Req of Mayor) (Sponsored by CM Holt & Co-Sponsored by C/M
Brown, Daniels & Carter) Public Hearing Pursuant to Chapt 166,
F.S. & CR 3.601 - 6/24/14 |
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1. 6/10/2014 CO Introduced: R,F |
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6/16/2014 R Read 2nd & Rerefer |
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6/17/2014 F Read 2nd & Rerefer |
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2. 6/24/2014 CO PH Read 2nd &
Rereferred; R, F |
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3. 10/22/2014 CO Comm of a Whole Mtg
/ Discharge FAILED 12-3 |
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11/3/2014 R Sub/Rerefer 6-0 |
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11/4/2014 F Sub/Rerefer 9-0 |
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11/12/2014 CO SUBSTITUTED/REREFERRED;
R, F 16-0 |
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Bill
Summary Fact Sheet DEFER - The
bill will be placed on the agenda of a special Rules Committee meeting on
Monday, November 24th at 10:00 a.m. See end of agenda for summary of
discussion on this bill. |
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4. 2014-427 |
ORD-MC Amend Sec 518.111
(Definitions) to add New Subsec (M) to add as an Unsafe Structure those
Non-Historic Bldgs that have been Boarded Up, Have No Active Water or
Electric Svc for a Period Exceeding 24 Months; Amend Sec 518.205 (Boarding of
Vacant Bldgs or Dwellings) to Require that such Bldgs Exceeding the 24 Month
period shall be Abated by the City in Accordance with Demo Procedures of
Chapt 518, Part 3. (Shaw) (Introduced by CM Crescimbeni, Lee, Jones &
Co-sponsored by CM Redman) (CPAC #6 Apv) Public Hearing Pursuant to Chapt 166,
F.S. & CR 3.601 - 7/22/14 |
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1. 6/24/2014 CO Introduced: R,TEU,
RCDPHS (Per CP 6/25/14) |
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7/14/2014 R Read 2nd & Rerefer;
7/14/2014 TEU Read 2nd & Rerefer |
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7/15/2014 RCDPHS Read 2nd &
Rerefer |
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2. 7/22/2014 CO PH Read 2nd &
Rereferred; R, TEU, RCDPHS |
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Bill
Summary DEFER |
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5. 2014-471 |
ORD-MC Amend Chapt 35 (Regulatory
Compliance Dept), Ord Code, Part 1 (General) to Create Ofc of Consumer
Affairs; Amend Sec 35.103 (Rsvd) to add (Office of Consumer Affairs,
Establishment; Function); Amend Chapt 250 (Misc Businesses), Sec 250.101
(Definitions) to add new Definitions for "Authority,"
Department" & "Director"; Amend Sec 250.102 (Admin of
Chapt; Rules) to Provide that said Ofc shall be Responsible for Enforcemt of
Chapt 250; Amend Chapt 696 (Deceptive & Unfair Trade Practices), Sec
696.109 (Enforcemt Responsibility) to change "Chief" to
"Manager" Amend Chapt 804 (Traffic Code), Sec 804.806 (R/W
Charitable Solicitations by Permit) to Provide for Enforcemt by said Ofc;
Approp of Funds to Effectuate said Ofc. (Shaw) (Req of Mayor) Public Hearing Pursuant to Chapt 166,
F.S. & CR 3.601 - 8/12/14 |
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1. 7/22/2014 CO Introduced: R,RCDPHS |
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8/4/2014 R Read 2nd & Rerefer |
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8/5/2014 RCDPHS Read 2nd &
Rerefer |
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2. 8/12/2014 CO PH Read 2nd &
Rereferred; R, RCDPHS |
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Bill
Summary Fact Sheet DEFER |
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6. 2014-523 |
ORD-MC Amend Chapt 51 (Jax Children's
Comm), Secs 51.103 (Membership; Terms), 51.104 (Powers & Duties), 51.107
(Exec Director) & 51.108 (Rsvd), Ord Code, to change Membership, Modify
Provisions of Funding for Children Related Activities & Events, Eliminate
Position of Exec Director & Create Position of Chief Executive Officer
& Provide for Expenditure of Commission Funds. (McCain) (Req of Mayor) Public Hearing Pursuant to Chapt 166,
F.S. & CR 3.601 - 8/27/14 |
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1. 8/12/2014 CO Introduced:
R,F,RCDPHS |
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8/18/2014 R Read 2nd & Rerefer |
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8/19/2014 RCDPHS Read 2nd &
Rerefer; 8/19/2014 F Read 2nd & Rerefer |
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2. 8/27/2014 CO PH Read 2nd &
Rereferred; R, F, RCDPHS |
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Bill
Summary Fact Sheet AMEND
AND RE-REFER 7-0 1.
Clarifies rules for funding food and
beverages purchases 2.
Allows JCC to award grants utilizing
a competitive application and evaluation process established by the JCC board 3.
Allows transfers of funds between
program sites within the same program type provided by the same recipient |
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7. 2014-548 |
ORD-MC Amend Chapt 118 (City Grants),
Part 1 (Gen Provisions), Ord Code, by Creating New Sec 118.107 to fund
Elements of the State Court System to provide Legal Aid Progs to Low-Income
Persons thru Contributions to Jacksonville Area Legal Aid, Inc; Estab
Spending Limits. (McCain) (Req of Mayor) (Co-Sponsored by CM Gulliford,
Jones, Brown, Daniels & Crescimbeni) Public Hearing Pursuant to Chapt 166,
F.S. & CR 3.601 - 8/27/14 |
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1. 8/12/2014 CO Introduced: R,F |
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8/18/2014 R Read 2nd & Rerefer |
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8/19/2014 F Read 2nd & Rerefer |
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2. 8/27/2014 CO PH Read 2nd &
Rereferred; R, F |
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Bill
Summary Fact Sheet DEFER |
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8. 2014-653 |
RESO Urging Mayor to Continue
Litigation styled Randall Wyse, et al, vs. City of Jacksonville, et al, Case
No. 3:13-cv-121-J-34MCR to Completion to Determine the Validity of the
"30 Yr Agreemt" bet City & Jax Police & Fire Pension Fund
(PFPF) Bd of Trustees & the Appropriate Entity to Negotiate for Police
& Fire Pension Benefits of the PFPF. (Johnston) (Introduced by CM
Schellenberg) |
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1. 9/23/2014 CO Introduced: R,F |
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10/6/2014 R Read 2nd & Rerefer |
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10/7/2014 F Read 2nd & Rerefer |
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2. 10/14/2014 CO Read 2nd &
Rereferred; R, F |
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Bill
Summary DEFER |
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9. 2014-665 |
ORD-MC Amend Chapt 220 (Vehicles for
Hire), Ord Code, Part 5 (Admin; Enforcemt); Amend Secs 220.502 (Code
Enforcemt; Civil Remedies) & 220.503 (Violations) to provide Addnl
Enforcemt Remedies; Create new Sec 220.504 (Seizure, Impoundmt &
Forfeiture) to provide Authority to JSO to Seize & Impound For-Hire
Vehicles used in Violation of Chapt 220. (Shaw) (Introduced by CM Joost) Public Hearing Pursuant to Chapt 166,
F.S. & CR 3.601 - 10/28/14 |
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1. 10/14/2014 CO Introduced:
R,F,RCDPHS |
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10/20/2014 R Read 2nd & Rerefer |
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10/21/2014 RCDPHS Read 2nd &
Rerefer; 10/21/2014 F Read 2nd & Rerefer |
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2. 10/28/2014 CO PH Read 2nd &
Rereferred; R, F, RCDPHS |
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Bill
Summary DEFER |
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10. 2014-666 |
ORD-MC Amend Chapt 804 (Jax Traffic Code),
Ord Code, Creating new Sec 804.406 (Speed Limit Reduction on Local Roads by
Petition), to Provide for Petition Process to Reduce Local Road Speed Limits.
(Johnston) (Introduced by CM Boyer) Public Hearing Pursuant to Chapt 166,
F.S. & CR 3.601 - 10/28/14 |
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1. 10/14/2014 CO Introduced: R,TEU,F |
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10/20/2014 TEU Read 2nd &
Rerefer; 10/20/2014 R Read 2nd & Rerefer |
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10/21/2014 F Read 2nd & Rerefer |
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2. 10/28/2014 CO PH Read 2nd &
Rereferred; R, TEU, F |
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Bill
Summary APPROVE
6-0 |
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11. 2014-667 |
ORD-MC Amend Chapt 804 (Jax Traffic
Code), Ord Code, Creating new Secs 804.801, 804.802, 804.803, 804.804 &
804.805 to Create a Process for Requesting a Signalized Intersec Crossing,
aka a Crosswalk, at Specific Locations on Local Roads. (Sidman) (Introduced
by CM Boyer) Public Hearing Pursuant to Chapt 166,
F.S. & CR 3.601 - 10/28/14 |
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1. 10/14/2014 CO Introduced: R,TEU,F |
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10/20/2014 TEU Read 2nd &
Rerefer; 10/20/2014 R Read 2nd & Rerefer |
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10/21/2014 F Read 2nd & Rerefer |
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2. 10/28/2014 CO PH Read 2nd &
Rereferred; R, TEU, F |
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Bill
Summary APPROVE
6-0 |
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12. 2014-685 |
RESO Conf Appt of Nelson Caparas as
Chief of the Traffic Engineering Div, Public Works Dept. (McCain) (Req of
Mayor) |
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1. 10/14/2014 CO Introduced: R |
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10/20/2014 R Read 2nd & Rerefer |
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2. 10/28/2014 CO Read 2nd &
Rereferred; R |
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11/3/2014 R Approve 6-0 |
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3. 11/12/2014 CO REREFERRED; R 16-0 |
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Bill
Summary Fact Sheet Council Member Boyer expressed
concern that City Traffic Engineering is too “rule-bound” and not open to new
ideas and potential compromises that would help neighborhoods achieve the
kind of traffic results they want. She wants to ensure that the City Council
is the ultimate policy-setting body for the City and that Public Works,
Traffic Engineering and the CARE system all operate in concert to solve
neighborhood problems rather than pose obstacles based on the rule book. APPROVE
5-0 |
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13. 2014-690 |
ORD Approp $140,085.77 ($119,072.91
in Help America Vote Act Funds from State of Fla Div of Elections &
$21,012.86 City Match from Rsv for Fed Projs) for Voter Education & Fed
Election Activities. (BT 15-006) (McCain) (Req of Mayor) Public Hearing Pursuant to Chapt 166,
F.S. & CR 3.601 - 11/12/14 |
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1. 10/28/2014 CO Introduced: R,F |
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11/3/2014 R Read 2nd & Rerefer |
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11/4/2014 F Read 2nd & Rerefer |
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2. 11/12/2014 CO PH Read 2nd &
Rereferred; R, F |
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Bill
Summary Fact Sheet DEFER |
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14. 2014-701 |
ORD-MC Amend Title XII (Fire
Prevention Code), Chapt 420 (Gen Provisions), Part 1 (Gen Provisions), Sec
420.105 (Orders to Eliminate Dangerous or Hazardous Conditions), Ord Code, to
revise Powers & Duties of the Chief, Fire Prevention Div, to address
Unsafe & Hazardous Conditions; Provide Notice Requiremts; Create new Sec
420.111 (Emergencies) to estab Procedures for addressing Emerg Unsafe
Conditions & estab a Hearing Procedure to Challenge Emerg Condemnations
& Cease & Desist Notices; Create new Sec 420.112 (Unlawful to Occupy
or Operate), to estab a Class C Offense for being Physically Present in a
Condemned Structure & Operating a Propty when doing so is Unsafe to the
Public or Occupants. (Teal) (Req of Gen Counsel) Public Hearing Pursuant to Chapt 166,
F.S. & CR 3.601 - 11/12/14 |
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1. 10/28/2014 CO Introduced:
R,F,RCDPHS |
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11/3/2014 R Read 2nd & Rerefer |
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11/4/2014 F Read 2nd & Rerefer |
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11/5/2014 RCDPHS Read 2nd &
Rerefer |
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2. 11/12/2014 CO PH Read 2nd &
Rereferred; R, F, RCDPHS |
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Bill
Summary Fact Sheet APPROVE
7-0 |
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15. 2014-704 |
RESO Encouraging Council President to
consider Replacing Current City Council Appointees to the Police & Fire
Pension Bd of Trustees with George Robbins & John Thompson. (Sidman)
(Introduced by CM Schellenberg) |
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1. 10/28/2014 CO Introduced: R |
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11/3/2014 R Read 2nd & Rerefer |
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Bill
Summary DEFER |
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16. 2014-707 |
RESO Conf Appt of Dr Laureen M
Husband as Member of the Context Sensitive Streets Standards Comm as a
Community Health or Public Rep, Replacing Dr Dawn Emerick for a 1st Full Term
exp 7/31/16. (Sidman) (Req of Mayor) |
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1. 10/28/2014 CO Introduced: R |
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11/3/2014 R Read 2nd & Rerefer |
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Bill
Summary Fact Sheet AMEND/APPROVE
5-0 1.
Term should be partial, not full 1st
term 2.
Correct category to “Community health
or public health representative” |
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17. 2014-708 |
RESO Conf Appt of Alma Ferrante, a St
Johns County Resident with a Duval County Based JSEB Non-Contractor Business
to the Jax Small & Emerging Business Monitoring Committee, Replacing
Lawrence Murr as a Non-JSEB Contractor for a Partial Term exp 4/30/15.
(Sidman) (Req of Mayor) |
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1. 10/28/2014 CO Introduced: R |
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11/3/2014 R Read 2nd & Rerefer |
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Bill
Summary Fact Sheet DEFER |
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18. 2014-709 |
RESO Appt Craig F Smith as Member of
Duval County Tourist Dev Council, Replacing David T Potts as a Tourist
Industry Rep for 1st Term exp 6/30/17. (Merritt) (Introduced by CP
Yarborough) |
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1. 10/28/2014 CO Introduced: R |
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11/3/2014 R Read 2nd & Rerefer |
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Bill
Summary APPROVE
5-0 |
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19. 2014-710 |
RESO Reappt Michael D Stewart as
Member of JIA Area Redev Agency Bd as School Bd Dist 4 Rep, for 1st Term exp
6/30/18. (Merritt) (Introduced by CP Yarborough) |
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1. 10/28/2014 CO Introduced: R |
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11/3/2014 R Read 2nd & Rerefer |
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Bill
Summary DEFER |
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20. 2014-712 |
RESO Reappt Stephen T Lovett as
Member of the Health Planning Council of Northeast Florida, Inc as a
"Consumer" Rep for a 3rd 2-Yr Term exp 9/30/16. (Merritt)
(Introduced by CP Yarborough) |
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1. 10/28/2014 CO Introduced: R |
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11/3/2014 R Read 2nd & Rerefer |
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Bill
Summary DEFER |
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21. 2014-713 |
RESO Conf Appt of David Gates as a
Journeyman Rep to the Constrn Trades Qualifying Bd, Replacing David L Bryant
for a 1st Full Term exp 9/30/17. (Sidman) (Req of Mayor) |
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1. 10/28/2014 CO Introduced: R |
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11/3/2014 R Read 2nd & Rerefer |
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Bill
Summary Fact Sheet APPROVE
5-0 |
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22. 2014-714 |
RESO Conf Appt of Andrea P Monroe to
the Library Bd of Trustees as At-Large Group 1 Rep, Replacing Rita R Cannon
for a Partial Term exp 7/15/16. (Sidman) (Req of Mayor) |
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1. 10/28/2014 CO Introduced: R |
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11/3/2014 R Read 2nd & Rerefer |
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Bill
Summary Fact Sheet DEFER |
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23. 2014-716 |
ORD-MC Apv Settlemt of Pending
Litigation bet Scenic Jacksonville, Inc, Clear Channel Outdoor, Inc &
City re Off-Site Commercial Signs (OSCS); Amend Sec 614.142 (Unlawful Sign
Messages), Chapt 614 (Public Order & Safety), & Sec 656.1309
(Unlawful Sign Messages), Chapt 656 (Zoning Code) to Provide an Exemption for
OSCS subject to Settlemt Agreemt; Creating new Sec 656.1322 (Billboard
Inventory Registration System) Providing & Requiring a Uniform Billboard
Inventory Registration System; Amend Sec 30.204 (Functions), Chapt 30
(Planning & Dev Dept), Part 2 (Planning Commission) adding new Subsec (k)
to allow for any Off-Site Commercial Billboard Final Actions taken by Bldg
Inspection Div to be Appealed to Planning Comm; Amend Sec 23.06, Part A (City
Charter), Article 23 (Offsite Commercial Billboard Ban) to provide for a
Private Cause of Action re Unregistered Billboards; Waive Sec 656.129
(Advisory Recommendation on Amend to Zoning Code or Rezoning of Land), Chapt
656 (Zoning Code); Waiving Enforcemt of var Sign Regs including Provisions of
City Charter, Ord Code & any other Provision of Jacksonville Law which
Conflict with any term of Settlemt Agreemt. (Sanders, Brinton & Gabriel)
(Req of Gen Counsel) LUZ PH Pursuant to Sec 656.123, Ord
Code - 11/18/14 Public Hearing Pursuant to Chapt 166,
F.S. & CR 3.601 - 11/12/14 & 11/25/14 |
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1. 10/28/2014 CO Introduced:
R,RCDPHS,LUZ |
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11/3/2014 R Read 2nd & Rerefer |
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11/4/2014 RCDPHS Read 2nd & Rerefer |
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11/5/2014 LUZ Read 2nd & Rerefer |
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2. 11/12/2014 CO PH Addnl 11/25/14/
Read 2nd & Rerefer; R, RCDPHS, LUZ |
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Bill
Summary In response to a question from
Council Member Lumb, the attorneys for all parties (the City, Scenic
Jacksonville, and the outdoor advertising companies) indicated that they are
all in agreement about how the settlements in 2014-716 and -717 define and
resolve all the outstanding issues among the parties. AMEND/APPROVE
7-0 1.
Attach revised settlement agreement 2.
Add a provision for voluntary removal
of signs in designated areas within the bill 3.
Include severability section within bill title |
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24. 2014-717 |
ORD-MC Apv Settlemt of Pending
Litigation bet Scenic Jacksonville, Inc, CBS Outdoor, LLC & City re
Off-Site Commercial Signs (OSCS); Amend Sec 614.142 (Unlawful Sign Messages),
Chapt 614 (Public Order & Safety), & Sec 656.1309 (Unlawful Sign
Messages), Chapt 656 (Zoning Code) to Provide an Exemption for OSCS subject
to Settlemt Agreemt; Waive Sec 656.129 (Advisory Recommendation on Amend to
Zoning Code or Rezoning of Land), Chapt 656 (Zoning Code); Waiving Enforcemt
of var Sign Regs including Provisions of City Charter, Ord Code & any
other Provision of Jacksonville Law which Conflict with any term of Settlemt
Agreemt. (Russell, Brinton & Gabriel) (Req of Gen Counsel) LUZ PH Pursuant to Sec 656.123, Ord
Code - 11/18/14 Public Hearing Pursuant to Chapt 166,
F.S. & CR 3.601 - 11/12/14 & 11/25/14 |
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1. 10/28/2014 CO Introduced:
R,RCDPHS,LUZ |
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11/3/2014 R Read 2nd & Rerefer |
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11/4/2014 RCDPHS Read 2nd &
Rerefer |
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11/5/2014 LUZ Read 2nd & Rerefer |
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2. 11/12/2014 CO PH Addnl 11/25/14/
Read 2nd & Rerefer; r, rcdphs, luz |
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Bill
Summary AMEND/APPROVE
7-0 1. Attach revised
settlement agreement 2.
Add a provision for voluntary removal of signs in designated areas within the
bill 3.
Include severability section within
bill title |
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25. 2014-721 |
ORD Invoking City's Right to
Terminate the Restated Agreemt bet City & Jax Police & Fire Pension
Bd of Trustees, dtd 3/5/01, as Amended, on Grounds that it is Illegal &
Unenforceable; Auth OGC to take Action to Effectuate the Purpose of this Ord;
Request 1-Cycle Emerg Apv. (Johnston) (Introduced by CM Crescimbeni,
Gulliford & Schellenberg) Public Hearing Pursuant to Chapt 166,
F.S. & CR 3.601 - 11/25/14 |
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1. 11/12/2014 CO Introduced: R,F |
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Bill
Summary 2nd
READING AND RE-REFER |
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26. 2014-722 |
ORD Approp $1,000,000 from Gen Fund -
Transfers from Fund Balance for Legislative Counsel for the City Council on
the Issue of Pension Litigation; Waive Sec 108.505 (Special Counsels), Ord
Code, to allow Council Executive Comm to make Selection; City Council shall
Confirm any Selection & Engagemt Letter for Legislative Counsel; Request
1-Cycle Emerg Apv. (Johnston) (Introduced by CM Schellenberg) Public Hearing Pursuant to Chapt 166,
F.S. & CR 3.601 - 11/25/14 |
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1. 11/12/2014 CO Introduced: R,F |
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Bill
Summary 2nd
READING AND RE-REFER |
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27. 2014-723 |
ORD-MC Repealing Chapt 1 (Gen
Provisions) of Article 7 (Depts) of City Charter to move said Provisions to
Article 6 (Mayor); Amend Article 7 to Remove the Selection Committee for the
Gen Counsel, to Clarify Terms & Qualifications of Gen Counsel & allow
for Removal of Gen Counsel by the City Council; Provide for Referendum Apv of
this Ord; Provide fof Financial Impact Statemt for the Ballot; Directing Supv
of Elections to Place Referendum Question on the 2015 2nd Gen Election Ballot
of 5/19/15. (Sidman) (Introduced by CM Boyer, Co-Sponsored by CM Gulliford) Public Hearing Pursuant to Chapt 166,
F.S. & CR 3.601 - 11/25/14 |
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1. 11/12/2014 CO Introduced: R |
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Bill
Summary 2nd
READING AND RE-REFER |
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28. 2014-730 |
ORD-MC Amend Secs 126.901 (Definitions)
& 126.906 (Art Selection Panels), Part 9 (Art in Public Places), Chapt
126 (Procurement Code), Ord Code, to Modify Definition of Public Facility
& Define Urban Art & Streetscaping Areas; Provide for Expansion of
Art Selection Panel. (Sidman) (Introduced by CM Gulliford & Co-Sponsored
by CM Bishop) Public Hearing Pursuant to Chapt 166,
F.S. & CR 3.601 - 11/25/14 |
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1. 11/12/2014 CO Introduced: R,F |
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Bill
Summary 2nd
READING AND RE-REFER |
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29. 2014-737 |
ORD Estab an Honorary Street
Designation on Harbor View Dr for Alfred "Al" Austin; Provide for
Installation of 2 Honorary Roadway Markers; Honoring his Legacy &
Recognizing his Achievemts; Waiving Sec 745.105(e)(2),
Ord Code, re naming for a still living Honoree; Waiving Sec 745.105(h)(8),
Ord Code, that requires a Petition signed by All Propty Owners abutting the
Designated Street; Request Emerg Apv upon Introduction. (Shaw) (Introduced by
CM Brown & Co-sponsored by CM Daniels) TEU PH Pursuant to Sec 745.105(h),
Ord Code - 12/1/14 Public Hearing Pursuant to Chapt 166,
F.S. & CR 3.601 - 11/25/14 |
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1. 11/12/2014 CO Introduced: R,TEU |
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2nd
READING AND RE-REFER |
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30. 2014-739 |
ORD Estab a Festival Overlay Zone re
2015 One Spark Festival, & a Festival Activity Period; Allowing Addnl
Uses in Portion of Downtown Overlay Zone during said Period; Waive Chapt 368
(Noise Control), EPB Rule 4 (Noise Pollution Control) & Sec 154.108, Ord
Code, to allow Outdoor Musical Entertainmt & allow Open Containers in
Designated Zone. (Johnston) (Introduced by CM Bishop) Public Hearing Pursuant to Chapt 166,
F.S. & CR 3.601 - 11/25/14 |
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1. 11/12/2014 CO Introduced: R,RCDPHS |
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Bill
Summary 2nd
READING AND RE-REFER |
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31. 2014-741 |
ORD Naming the Soccer Pitch at the
Baseball Grounds of Jacksonville "___________ Park" only during
Soccer Events at the Baseball Grounds. (Sawyer) (Req of Mayor) Public Hearing Pursuant to Chapt 166,
F.S. & CR 3.601 - |
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1. 11/12/2014 CO Introduced: R,RCDPHS |
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Bill
Summary Fact Sheet 2nd
READING AND RE-REFER |
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32. 2014-743 |
RESO Conf Reappt of Gaylord George
Candler as Member of the Jacksonville Ethics Comm for 1st Full Term exp
12/31/17. (Merritt) (Introduced by CP Yarborough) |
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1. 11/12/2014 CO Introduced: R |
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Bill
Summary 2nd
READING AND RE-REFER |
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33. 2014-744 |
RESO Reappt Jesse C Crimm as Member
of the Jax Health Facilities Authority for 1st Full Term exp 12/15/18. (Merritt)
(Introduced by CP Yarborough) |
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1. 11/12/2014 CO Introduced: R |
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Bill
Summary 2nd
READING AND RE-REFER |
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34. 2014-745 |
RESO Honoring & Commending the
Life & Noteworthy Achievemts of Alfred "Al" Austin, Athlete,
Educator, Mentor & Community Legend. (Jackson) (Introduced by CM Lee
& Co-sponsored by CM's Daniels & Brown) |
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1. 11/12/2014 CO Introduced: R |
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Bill
Summary 2nd
READING AND RE-REFER |
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35. 2014-746 |
RESO Conf Appt of Antonio
"Tony" Lopez as Dir of Parks, Rec & Community Svcs Dept.
(McCain) (Req of Mayor) |
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1. 11/12/2014 CO Introduced: R |
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Bill
Summary 2nd
READING AND RE-REFER |
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36. 2014-747 |
ORD Creating New Part 2 (Inspector
General), Article 5 (City Council), City Charter, to Estab Functions,
Purpose, Duties, & Authority; Estab Position, Create Qualifications,
Create Selection & Removal Protocol, Records Disclosure Protocol &
Provide for Coordination with Council Auditor's Ofc; Provide for Referendum
Apv of this Ord & Developmt of a Financial Impact Statemt; Direct Placemt
of Referendum Question of the 3/24/15 Consolidated Govt Election Ballot.
(Durden) (Introduced by CM Crescimbeni) Public Hearing Pursuant to Chapt 166,
F.S. & CR 3.601 - 11/25/14 |
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1. 11/12/2014 CO Introduced: R |
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Bill
Summary 2nd
READING AND RE-REFER |
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37. 2014-748 |
RESO Auth Redev Agreemt with Hallmark
Partners, Inc, Auth a REV Grant for 75% of the Annual Proj Revenues" for
a 20-Yr Period of $7,000,000 to support Constrn of Approx 223 Residential
Units, 18,000 Sq Ft of Retail Space & 318 New Structured Parking Spaces
at 200 Riverside; Designate Oversight by DIA; Waiving Proj's Compliance with
the Public Investment Policy. (Hodges) (Req of Mayor) |
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1. 11/12/2014 CO Introduced:
R,F,RCDPHS |
Bill Summary Fact Sheet
2nd READING AND RE-REFER
2014-386
General Counsel Jason
Gabriel said that the settlement embodied in 2014-386 is a legally defensible
proposition and urged the committee to take action to approve, deny or amend. If the Council doesn’t approve the agreement
then the City could initiate litigation itself to resolve the issues currently
being litigated in various ways in pending cases. The committee engaged in
discussion with Mr. Gabriel and with Jim Linn, a pension expert with the law
firm of Lewis, Longman and Walker, about whether or not the settlement under
consideration in 2014-386 constitutes a collective bargaining agreement or not.
Council Member Crescimbeni pointed out two Council Rules that require collective
bargaining agreements to be ratified by the collective bargaining units before
presentation to City Council and was told by Mr. Gabriel that the Police and
Fire Pension Fund board of trustees has conceptually approved the proposed
changes. Several speakers contended that the recent rulings in the case of Frank Denton v. City of Jacksonville by
Judge Waddell Wallace and by the First District Court of Appeals find that the
so-called “30-year agreement” is a de facto collective bargaining agreement.
The committee and Messrs.
Gabriel and Linn discussed the proposed 10-year waiver in the settlement of the
City’s right to unilaterally impose changes in pension benefits via the impasse
process should bargaining fail to reach mutual agreement over benefits and
whether it would be preferable from the City’s perspective to bargain with the
unions from a posture of having the ultimate power of benefit imposition
through impasse if necessary. Former City Council President Kevin Hyde,
representing a group of local attorneys interested in providing pro bono legal
advice to the City on pension issues, agreed with the contention that the
rulings in the Denton case make it
clear the that the courts consider the “30-year agreement” to be a collective
bargaining agreement and urged the Council not to unilaterally terminate the
agreement but to continue negotiating under its auspices and to be prepared to
invoke its impasse rights to impose benefits (Chapter 447, Florida Statutes) should mutual agreement fail. In response to a
question about whether the City could speed the process of resolution along by
seeking a declaratory judgment from the courts about whether the “30-year
agreement” is or is not a collective bargaining agreement, Mr. Hyde said it is
not entirely clear who would have standing to bring such an action, and his
private group is researching that issue. Council Member Crescimbeni requested a
legal opinion from Mr. Gabriel exploring the options for seeking a declaratory
judgment. In response to earlier comments about the years it would likely take
to resolve litigation over these contentious matters, Council Member Boyer
stated that court processes can often go as fast as the parties want it to go,
and parties motivated to bring a case to quick resolution can make that happen
with the court’s cooperation.
Several speakers suggested
that terms negotiated under the auspices of the “30-year agreement” should be
for no more than 3 years to comply with the state statute prohibiting collective
bargaining agreements that exceed that time limit. In response to a question
about why the last four General Counsels seem to have held the opinion that the
agreement is not a collective bargaining agreement, attorney Tim Volpe, a
member of the private attorney group with Kevin Hyde, said that the recent Denton rulings have substantially
clarified the status of that document and stated that former General Counsel
and Mayor John Delaney believed the agreement should be renegotiated every
three years. In response to a question from Council Member Bishop, Mr. Volpe
stated that the City Council could not waive its impasse rights for a period of
more than three years. In response to a question about the status of the
agreement with the PFPF following the Denton
rulings, Mr. Gabriel said that the court rulings only apply to the
settlement resulting from the 2013 federal mediation process with the PFPF, not
the agreement reached in subsequent public negotiations, and that the ruling
was in the context of Sunshine Law requirements. Mr. Gabriel emphasized that
the current proposal does not prohibit the City from negotiating pension
benefits with the unions for the next 10 years; it only waives the City’s right
to unilaterally impose benefits via the impasse process. The agreement does
provide that at the commencement of the agreement the PFPF board will cease its
involvement in collective bargaining, leaving the City to deal directly with
the unions.
Bill Scheu, attorney with
the Rogers Towers law firm and the recent Chairman of the Mayor’s Pension
Reform Task Force, stated that the Task Force reviewed Judge Wallace’s initial
ruling in the Denton case and found
that, while it did not explicitly invalidate the “30-year agreement”, it did
imply that that it could not be used as a vehicle to establish pension benefits
that are a proper subject for collective bargaining, but it could be used to
determine governance and funding issues that the Task Force was also studying.
Mr. Scheu said that the Council needs to make a policy call as to whether to
proceed via litigation or voluntary settlement, and urged the City to settle
the pending matters and move on, stating that litigation will take years to
resolve and it is in the City’s best interest to get the new 5-member Investment
Advisory Committee appointed to oversee the fund’s investments and to hasten
the PFPF’s exit from the collective bargaining process. Council Member Boyer questioned the ability of
the Investment Advisory Committee to make any substantive changes if the PFPF
board is resistant, saying the City has been largely ineffective in getting the
PFPF board to make any changes it doesn’t want to make on a variety of issues.
Former Council President
Matt Carlucci asked that the bill be deferred today, stating that he, Charles
Appleby and several other community leaders have been working on a proposal for
a potential funding source for the City’s $40 million additional annual
contribution to pay down the accrued unfunded pension liability. Mr. Appleby is out of town and the group is
close to finalizing its proposal, so he hoped a one cycle delay would be possible
to allow the group to finish its work and make its proposal. Mr. Carlucci gave a brief history of his
experience with the “30-year agreement” from his time on the Council, and said
that the pension benefits reached their current form for a variety of reasons,
including a desire by the Council to increase the benefits payable to retirees
who were receiving very small pensions by means of the automatic 3% annual cost
of living allowance (COLA).
Jeff Clements, City Council
Research
Posted 11.19.14 11:00 a.m.