CN::

RULES COMMITTEE

 

MEETING MINUTES

 

 

 

Monday, April 14, 2014

Tape No.________________________

9:00 AM  

 

Council Chambers 1st Floor,  City Hall

Dana M. Farris,

Chief of Legislative Services

 

 

 

 

Warren Jones, Chair

Legislative Aide: Marilyn Allen

Doyle Carter, Vice Chair

Administration: Teresa Eichner

William Bishop

Asst. Council Auditor: Janice Billy

Lori Boyer

Asst. Council Auditor: Heather Reber

Richard Clark, Left 10:35

Attorney: Peggy Sidman

E. Denise Lee, Arrived 9:30

Chief of Research: Jeff Clements

Don Redman, Arrived 9:12

Council Auditor:  Kirk Sherman

Bill Gulliford

 

                        Meeting Convened                 9:12 AM                      Meeting Adjourned     11:20 AM

 

 

 

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 Daniels (2014-211 & 2014-215)

C/M Yarborough (2014-215)

C/M Lumb

John Jones (2014-208)

Joe Markosic (2014-215)

Kim Pryor (2014-215)

Bryan Mosier (2014-215)

 

 

 

 

 

 

 

 

NOTE:  The next regular meeting will be held Monday, May 5, 2014.

 

 

Item/File No.

Title/History

 

 

1.  2012-732

RESO Urging Mayor, as Apvd by the Hemming Plaza Subcommittee, to Immediately Remove Tables & Chairs from Hemming Plaza. (Johnston) (Introduced by CM Redman)

 

1. 12/11/2012 CO  Introduced: R,RCD

 

    1/2/2013 R Read 2nd & Rerefer

 

    1/3/2013 RCD Read 2nd & Rerefer

 

2. 1/8/2013 CO Read 2nd & Rereferred; R, RCD

 

 

Bill Summary

 

 

DEFER

 

 

 

 

 

 

2.  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 Arbitration Proceedings with BCAB; Create New Sec 656.1324 (Noise Attenuation Barrier Blocking View of OSCS) to require City to allow (1) an Increase in Height, (2) Relocation or Reconstrn at another Location if Owner Agrees, or (3) Pymt of Fair Market Value of Sign if any Govt Entity Permits or Erects a Noise-Attenuation Barrier that Blocks a Sign; Repeal Sec 656.719 (Nonconforming Signs) in its Entirety; 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; Repeal Sec 320.414 (Nonconforming Signs); Amend Sec 614.142 (Unlawful Sign Messages), Chapt 614 (Public Order & Safety). (Sanders & Diebenow) (Introduced by CM Clark) (Urban CPAC, NW CPAC, North CPAC, SE CPAC & GA/B 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

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

 

1. 7/23/2013 CO  Introduced: R,PHS,LUZ

 

    8/5/2013 PHS Read 2nd & Rerefer;    8/5/2013 R Read 2nd & Rerefer

 

    8/6/2013 LUZ Read 2nd & Rerefer

 

2. 8/13/2013 CO PH Addnl 8/27/13/ Read 2nd & Rerefer; R, PHS, LUZ

 

3. 8/27/2013 CO PH Contd 10/8/13

 

   10/8/2013 CO PH Contd 10/22/13

 

   10/22/2013 CO PH Contd 11/12/13

 

   11/12/2013 CO PH Contd 12/10/13

 

    11/18/2013 PHS Sub/Rerefer 4-0;    11/18/2013 R Sub/Rerefer 7-0

 

    12/3/2013 LUZ PH Sub/Rerefer R, PHS, LUZ 6-0

 

   12/10/2013 CO PH SUBSTITUTED/Rereferred; R, PHS, LUZ

 

   1/14/2014 CO PH Addnl 1/28/14

 

   1/28/2014 CO PH Contd 2/25/14

 

   2/25/2014 CO PH Contd 3/11/14

 

   3/11/2014 CO PH Contd 3/25/14

 

   3/25/2014 CO PH Contd 4/8/14

 

   4/8/2014 CO PH Contd 5/13/14

 

 

Bill Summary

 

DEFER

3.  2013-820

ORD-MC Amend Sec 799.101 (Tax Imposed; Limitation), Chapt 799 (Local Option Gas Tax), Ord Code, to Reissue the Local Option Gas Tax for 20 Yr Period of 9/1/16 - 8/31/2036. (Sidman) (Introduced by CP Gulliford)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/14/14

 

1. 12/10/2013 CO Introduction: R, TEU, F

 

    1/6/2014 TEU Read 2nd & Rerefer;    1/6/2014 R Read 2nd & Rerefer

 

    1/7/2014 F Read 2nd & Rerefer

 

2. 1/14/2014 CO PH Read 2nd & Rereferred; R, TEU, F

 

 

SUB/REREFER 6-0 -  Attaches an interlocal agreement between the City and JTA for use of the gas tax funds; 2) attaches an interlocal agreement between the City and the Beaches and Baldwin for distribution of proportional shares of the gas tax revenue; 3) provides that 80% of the City’s 1% gas tax revenue will be used for roadway maintenance and 20% will be dedicated to bicycle and pedestrian improvements.

 

 

4.  2014-57

ORD Apv Proposed 2014B Series Text Amend to the Transp Element & the Capital Improvements Element of the 2030 Comp Plan to allow a Landowner or Developer to Receive a Mobility Fee Credit for the Constrn & Dedication of a Transp Improvemt Proj that is not Identified in the 2030 Mobility Plan if it Maintains or Improves the Adopted City-Wide & Mobility Zone Minimum Mobility Score; Waive Sec 650.404, Ord Code, Requiremt of Conducting Planning & Dev Dept Informational Workshop prior to Dept Written Report & Recommendation. (Gabriel) (Introduced by CM Bishop) (PD & PC Apv)

LUZ PH 2/19/14, 3/4/14, 3/18/14, 4/1/14, 4/15/14

Public Hearing Pursuant to Sec 163.3184, F.S. & Chapt 650, Pt 4, Ord Code - 2/11/14 & 2/25/14, 3/11/14, 3/25/14, 4/8/14, 4/22/14

 

1. 1/28/2014 CO  Introduced: R,LUZ

 

    2/3/2014 R Read 2nd & Rerefer

 

    2/4/2014 LUZ Read 2nd & Rerefer

 

2. 2/11/2014 CO PH Addnl 2/25/14/ Read 2nd & Rerefer; R, LUZ

 

3. 2/25/2014 CO PH Only

 

   3/11/2014 CO PH Contd 3/25/14

 

   3/25/2014 CO PH Contd 4/8/14

 

   4/8/2014 CO PH Contd 4/.22/14

 

 

DEFER

 

5.  2014-89

RESO of Council Support for Local Bill J-4 that Creates the Duval County Library District; Provide Dist Boundaries; Estab a Governing Bd; Auth Levy of Ad Valorem Taxes & Issuance of Bonds; Estab Jax Bd of Library Trustees Answerable to Governing Bd; Provide Membership & Powers; Require an Annual Report; Provide for use of Ad Valorem & Other Rev. (Sidman) (Introduced by CP Gulliford & CM Crescimbeni)

 

1. 1/28/2014 CO  Introduced: R,F,RCD

 

    2/3/2014 R Read 2nd & Rerefer

 

    2/4/2014 RCD Read 2nd & Rerefer;    2/4/2014 F Read 2nd & Rerefer

 

2. 2/11/2014 CO Read 2nd & Rereferred; R, F, RCD

 

 

Bill Summary

 

DEFER

 

 

6.  2014-149

ORD-MC Amend Chapt 116 (Employee & Employee Benefits), Part 15 (Full time & Temp Employmt), Secs 116.1501 (Definitions) & 116.1502 (Limitations on Employmt & use of Temp Employees), Ord Code, to change Max # of Hrs/Wk that Part-Time Employees can Work. (McCain) (Req of Mayor) (CPAC #6 Apv)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 3/11/14

 

1. 2/25/2014 CO  Introduced: R,F

 

    3/3/2014 R Read 2nd & Rerefer

 

    3/4/2014 F Read 2nd & Rerefer

 

2. 3/11/2014 CO PH Read 2nd & Rereferred; R, F

 

 

Bill Summary

 

DEFER

7.  2014-151

ORD Providing for a Public "Straw Ballot" for Citizen Input on Requiremt of City Employees, Appointees, Employees of Independent Agcys (Excluding Duval County School Bd), & Employees of Constitutional Officers to Reside in Duval County; Direct Supv of Elections to place Referendum Question on 2014 Gen Election Ballot on 11/4/14; Request 1-Cycle Emerg Apv. (Johnston) (Introduced by CM Brown) (CPAC #6 Apv)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 3/11/14

 

1. 2/25/2014 CO  Introduced: R,F

 

    3/4/2014 F Read 2nd & Rerefer

 

2. 3/11/2014 CO PH Read 2nd & Rereferred; R, F

 

 

Bill Summary

 

DEFER

 

 

 

8.  2014-185

ORD-MC Repealing Sec 30.704 (JHFA), Ord Code; Create New Chapt 52 (Jax Housing Finance Auth); Repeal Local Govt Support Revolving Trust Fund & Policy Estab by Ord 2008-497-E;  Repeal JHFA Loan Trust Fund Policy Estab by Ord 2008-497-E & 2005-197-E; Appropriation; Repeal Sec 111.610 (JHFA Loan Trust Fund); Auth Current JHFA Members to Continue Terms Unchanged; Provide for JHFA to Continue without Lapse prior to Enactmt of new Chapt 52. (Hodges) (Req of JHFA)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 4/8/14

 

1. 3/25/2014 CO  Introduced: R,F,RCD

 

    3/31/2014 R Read 2nd & Rerefer

 

    4/1/2014 F Read 2nd & Rerefer;    4/1/2014 RCD Read 2nd & Rerefer

 

2. 4/8/2014 CO PH Read 2nd & Rereferred; R, F, RCD

 

 

Bill Summary

 

DEFER

 

 

 

9.  2014-186

ORD-MC Amend Sec 745.101 (Changing Names of Public Streets by Ord; Honorary Street Designations by Ord), Chapt 745 (Addressing & Street Naming Regs), Ord Code, Requiring a Petition be signed by All Owners of Propty abutting the Street with the Proposed Change in Name & Addition Addnl Criteria for Renaming a Street after a Person. (Sidman) (Introduced by CM Lee)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 4/8/14

 

1. 3/25/2014 CO  Introduced: R,TEU

 

    3/31/2014 TEU Read 2nd & Rerefer;    3/31/2014 R Read 2nd & Rerefer

 

2. 4/8/2014 CO PH Read 2nd & Rereferred; R, TEU

 

 

Bill Summary

 

Council Member Lee explained the purpose for the bill and recounted the objections she has received from residents to proposed street re-namings or honorary designations. The committee discussed the proper threshold for property owner approval of both permanent street name changes and honorary designations. Council Member Bishop proposed a 90%, rather than 100%, threshold for changing actual street names. Council Member Redman suggested that honorary street designations have a life of 10 years and then automatically sunset unless renewed by City Council.

 

DEFER

 

 

 

10.  2014-208

ORD Declaring Surplus Propty a Portion of RE# 004864-0000 (2.74 Acres) SW of Commonwealth Ave, W'ly & near Intersec of Imeson Rd; Auth Conveyance in Accordance with Chapt 122, Part 4, Subpart B (Real Propty Dispositions), Ord Code; Waive Sec 122.423 (Appraisal at or Below $25,000), to allow Conveyance to N.G. Wade Investment Co., Inc at No Cost. (Dist 10-Brown) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 4/8/14

 

1. 3/25/2014 CO  Introduced: R,F,TEU

 

    3/31/2014 TEU Read 2nd & Rerefer;    3/31/2014 R Read 2nd & Rerefer

 

    4/1/2014 F Read 2nd & Rerefer

 

2. 4/8/2014 CO PH Read 2nd & Rereferred; R, F, TEU

 

 

Bill Summary

 

AMEND/APPROVE 6-0 (Correct the number of acres originally conveyed to the City; 1,177 should be 1,216).

 

11.  2014-211

RESO Appt Kyle S Billy, C.P.A., as Assistant Council Auditor; Provide for Prospective Effective Date. (Sidman) (Council Personnel Comm)

 

1. 3/25/2014 CO  Introduced: R

 

    3/31/2014 R Read 2nd & Rerefer

 

2. 4/8/2014 CO Read 2nd & Rereferred; R

 

 

Bill Summary

 

Council Member Daniels urged the committee members to listen to the recording of the City Council Personnel Committee meeting of March 14, 2014 to hear the discussion of potential nepotism issues in the Council Auditor’s Office given the office’s management structure with only one Assistant Council Auditor and the possibility that when the Council Auditor is absent, Mr. Billy would be reporting to his wife. Ms. Daniels intends to prepare legislation to mandate two assistant council auditors as was previously the practice.

 

Council Member Carter discussed the importance of succession planning for important positions in City government and lamented that fact that the City is losing talented employees with many years of valuable experience to other jurisdictions because of its inability to provide higher salaries, which will eventually impair the City’s ability to promote talented, experienced personnel to leadership positions in the coming years.

 

DEFER

 

 

 

 

12.  2014-212

RESO Conf Appt of John P Pappas as Operations Director of Public Works Dept. (McCain) (Req of Mayor)

 

1. 3/25/2014 CO  Introduced: R

 

    3/31/2014 R Read 2nd & Rerefer

 

2. 4/8/2014 CO Read 2nd & Rereferred; R

 

 

Bill Summary

 

Council Member Boyer expressed concern with the length of time it takes Public Works to respond to service issues and hoped that Mr. Pappas would make it a priority to improve that response time.

 

APPROVE 6-0

 

 

 

 

13.  2014-213

RESO Conf Appt of John M Jones as Chief of Real Estate Div of Public Works Dept. (McCain) (Req of Mayor)

 

1. 3/25/2014 CO  Introduced: R

 

    3/31/2014 R Read 2nd & Rerefer

 

2. 4/8/2014 CO Read 2nd & Rereferred; R

 

 

Bill Summary

 

DEFER

 

 

 

 

14.  2014-214

RESO Conf Appt of Emmett D McDaniel as Chief of Mowing & Landscape Maint Div of Public Works Dept. (McCain) (Req of Mayor)

 

1. 3/25/2014 CO  Introduced: R

 

    3/31/2014 R Read 2nd & Rerefer

 

2. 4/8/2014 CO Read 2nd & Rereferred; R

 

 

Bill Summary

 

The committee emphasized to Mr. McDaniel the importance of frequent mowing and a good appearance of the City’s major thoroughfares, especially in the Jacksonville International Airport area.

 

APPROVE 7-0

 

 

 

 

15.  2014-215

RESO Conf Appt of Kimberly Scott as Director of Regulatory Compliance Dept. (McCain) (Req of Mayor)

 

1. 3/25/2014 CO  Introduced: R

 

    3/31/2014 R Read 2nd & Rerefer

 

2. 4/8/2014 CO Read 2nd & Rereferred; R

 

 

Bill Summary

 

Kim Scott answered questions about objections that have been raised to her appointment by several parties at recent City Council meetings and via e-mail.  In response to questions from Council Members Boyer and Bishop about how she would, as director of a department housing both the Municipal Code Compliance office and the Environmental Protection Board and other agencies that are regulated by those entities, handle potential conflicts of interest, Ms. Scott indicated that the administration intends to shift the enforcement of all state environmental regulations to the state Department of Environmental Protection and that the Office of General Counsel and the City’s Ethics Officer are working on legislation to deal with handling conflicts of interest regarding local regulations. Several committee members expressed concern about transferring any enforcement authority to a state agency.

 

APPROVE 7-0

 

 

 

16.  2014-216

RESO Conf Appt of Nikki Harris as Chief of Animal Care & Protective Svcs Div of Regulatory Compliance Dept. (McCain) (Req of Mayor)

 

1. 3/25/2014 CO  Introduced: R

 

    3/31/2014 R Read 2nd & Rerefer

 

2. 4/8/2014 CO Read 2nd & Rereferred; R

 

 

Bill Summary

 

APPROVE 6-0

 

 

 

 

17.  2014-217

RESO Conf Appt of Daniel J Rieves as Chief of Employee & Labor Relations Div of Employee Svcs Dept. (McCain) (Req of Mayor)

 

1. 3/25/2014 CO  Introduced: R

 

    3/31/2014 R Read 2nd & Rerefer

 

2. 4/8/2014 CO Read 2nd & Rereferred; R

 

 

Bill Summary

 

APPROVE 6-0

 

 

 

18.  2014-218

RESO Conf Appt of Elizabeth A Meyer as Chief of Disabled Svcs Div of Parks, Rec & Community Svcs Dept. (McCain) (Req of Mayor)

 

1. 3/25/2014 CO  Introduced: R

 

    3/31/2014 R Read 2nd & Rerefer

 

2. 4/8/2014 CO Read 2nd & Rereferred; R

 

 

Bill Summary

 

APPROVE 6-0

 

 

 

19.  2014-219

RESO Conf Appt of Johnnetta H Moore as Chief of Social Svcs Div of Parks, Rec & Community Svcs Dept. (McCain) (Req of Mayor)

 

1. 3/25/2014 CO  Introduced: R

 

    3/31/2014 R Read 2nd & Rerefer

 

2. 4/8/2014 CO Read 2nd & Rereferred; R

 

 

Bill Summary

 

APPROVE 6-0

 

 

20.  2014-220

RESO Conf Appt of Jill McElwee as Chief of Training Div of Jax Fire & Rescue Dept. (McCain) (Req of Mayor)

 

1. 3/25/2014 CO  Introduced: R

 

    3/31/2014 R Read 2nd & Rerefer

 

2. 4/8/2014 CO Read 2nd & Rereferred; R

 

 

Bill Summary

 

APPROVE 7-0

 

21.  2014-233

ORD-MC Amend Chapt 602, Ord Code (Jacksonville Ethics Code), Part 7 (Gifts & Honoraria), Sec 602.701(c) (Prohibited Receipt of Gifts) to Require that Gifts be Posted to the Registry and the City or Independent Agcy Internet Site within 90 Days of Receipt. (Shaw) (Req of Jax Ethics Comm)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 4/22/14

 

1. 4/8/2014 CO  Introduced: R

 

 

Bill Summary

 

READ 2ND & REREFER

 

 

22.  2014-244

RESO Conf Appt of Michael P Devlin as Chief of Prisons, JSO; Provide Retroactive Appt & Confirmation. (Sidman) (Req of Sheriff)

 

1. 4/8/2014 CO  Introduced: R

 

 

Bill Summary

 

READ 2ND & REREFER

 

 

 

23.  2014-245

RESO Conf Appt of Elaine Brown as Chair of the Cultural Svc Grant Comm, Replacing Allison Korman Shelton for Unexp Term exp 12/31/15. (Merritt) (Req of Cultural Council)

 

1. 4/8/2014 CO  Introduced: R

 

 

Bill Summary

 

READ 2ND & REREFER

 

24.  2014-246

RESO Conf Appt of Yvette Angelique Hyater-Adams to the Cultural Svc Grant Comm, Replacing Lisa M Goodrich as a Cultural Council Rep, for 1st Term exp 12/31/15. (Merritt) (Req of Cultural Council)

 

1. 4/8/2014 CO  Introduced: R

 

 

Bill Summary

 

READ 2ND & REREFER

 

 

 

 

25.  2014-247

RESO Conf Reappt of Chevara L Orrin to the Cultural Svc Grant Comm as a Community Rep for 1st Full 3-Yr Term exp 12/31/16. (Merritt) (Req of Cultural Council)

 

1. 4/8/2014 CO  Introduced: R

 

 

Bill Summary

 

READ 2ND & REREFER

 

 

26.  2014-248

RESO Conf Reappt of Thomas S Serwatka to the Cultural Svc Grant Comm for 1st Full 3-Yr Term exp 12/31/16. (Merritt) (Req of Cultural Council)

 

1. 4/8/2014 CO  Introduced: R

 

 

Bill Summary

 

READ 2ND & REREFER

27.  2014-249

RESO Honoring & Commending Marcella Lowe for her Decades of Dedicated Svc to Citizens of Jacksonville, Particularly as a Member of the TRUE Comm. (Clements) (Introduced by CP Gulliford, Co-Sponsored by CM Jones, Yarborough & Carter)

 

1. 4/8/2014 CO  Introduced: R

 

 

APPROVE 6-0

 

 

 

28.  2014-250

RESO Commemorating the Life & Mourning the Passing of City Employee Adam Mathews. (Clements) (Introduced by CM Yarborough & Co-Sponsored by CM's Jones & Carter)

 

1. 4/8/2014 CO  Introduced: R

 

                                  APPROVE 6-0

 

 

 

Public Comment

John Mancusik and Kim Pryor of Preservation SOS expressed opposition to the appointment of Kim Scott as Director of the Regulatory Compliance Department based on her administration of the Municipal Code Enforcement Division, which they believe has violated federal grant guidelines and other regulations in the process of demolishing structures in the city. Council Member Lee requested the Office of General Counsel and the City administration to prepare written responses to the allegations made by Preservation SOS so that the factuality of the issues can be decided once and for all.

 

 

Jeff Clements, City Council Research

Posted 4.14.14   4:00 p.m.