RULES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

February 18,2014

 

WARREN JONES, 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, February 18,2014.  The meeting was called to order at 9:08 A.M. by Committee Chair Warren Jones.  The meeting was adjourned at 11:55 A.M.

 

 

 

Members in Attendance:                                                    Staff Attendance:

                 

                       CM Warren Jones, Chair                                                  Marilyn Allen, Legislative Aide

                       CM Doyle Carter, Vice Chair                                            Janice Billy, Asst. Auditor

                       CM Bill Bishop                                                                 Heather Reber, Auditor

                       CM Lori Boyer                                                                Jeff Clements, Chief of Research

                       CM Richard Clark                                                            Teresa Eichner, Administration

                       CM E. Denise Lee – Arrived 9:58                                    Peggy Sidman, Attorney

                       CM Don Redman

                       

 

 

 

 

Others in Attendance:

 

CM Crescimbeni (14-2, 110, 123)

Cleve Ferguson (13-209)

Karen Bowling (13-209)

Stephen Schnieder (13-209)

Ronnie Fussell (14-110)

Jeff Foster (14-123)

Paul Martinez (13-123)

 

 

 

 

 

1.    2014-71   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF HUSEIN A. CUMBER, A DUVAL COUNTY RESIDENT, TO JEA, PURSUANT TO ARTICLE 21, JACKSONVILLE CHARTER, REPLACING CYNTHIA B. AUSTIN, FOR A FIRST FULL TERM EXPIRING FEBRUARY 28, 2018; PROVIDING AN EFFECTIVE DATE; 2/3/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: February 18, 2014

 

Recommend to APPROVE.

 

AYES - Bishop, Boyer, Carter, Clark, Jones, Redman, ( 6 )

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2.    2014-72   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF RAY ALFRED, A DUVAL COUNTY RESIDENT, TO THE JACKSONVILLE AVIATION AUTHORITY, REPLACING CHESTER A. AIKENS,  PURSUANT TO ARTICLE 4, PART B OF THE CHARTER, FOR AN UNEXPIRED TERM TO EXPIRE SEPTEMBER 30, 2015, FOLLOWED BY A FIRST FULL TERM TO EXPIRE SEPTEMBER 30, 2019; PROVIDING AN EFFECTIVE DATE; 2/3/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: February 18, 2014

 

Recommend to APPROVE.

 

AYES - Bishop, Boyer, Carter, Clark, Jones, Redman, ( 6 )

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3.    2014-73   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF GERALD J. BEHRENDT, JR. AS THE COMPTROLLER OF THE CITY OF JACKSONVILLE; PROVIDING AN EFFECTIVE DATE; 2/3/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: February 18, 2014

 

Recommend to APPROVE.

 

AYES - Bishop, Boyer, Carter, Clark, Jones, Redman, ( 6 )

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4.    2014-75   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF MEGAN JEANE MAUNEY, A DUVAL COUNTY RESIDENT, TO THE DUVAL COUNTY ELECTION ADVISORY PANEL, FILLING A SEAT FORMERLY HELD BY KIM GLASGAL, PURSUANT TO SECTION 59.103, ORDINANCE CODE, FOR A FIRST FULL TERM ENDING APRIL 16, 2016; PROVIDING AN EFFECTIVE DATE; 2/3/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: February 18, 2014

 

Recommend to APPROVE.

 

AYES - Bishop, Boyer, Carter, Clark, Jones, Redman, ( 6 )

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5.    2014-76   A RESOLUTION CONFIRMING THE MAYOR'S REAPPOINTMENT OF LIEU RHODES, A DUVAL COUNTY RESIDENT, TO THE JACKSONVILLE HOUSING AUTHORITY AS A RESIDENT REPRESENTATIVE, PURSUANT TO CHAPTER 51A, ORDINANCE CODE, FOR A SECOND FULL TERM TO EXPIRE SEPTEMBER 16, 2017; PROVIDING AN EFFECTIVE DATE; 2/3/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: February 18, 2014

Recommend to APPROVE.

 

AYES - Bishop, Boyer, Carter, Clark, Jones, Redman, ( 6 )

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6.    2014-90   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF THOMAS H. GOLDSBURY AS CHIEF OF THE BUILDING INSPECTION DIVISION OF THE PLANNING AND DEVELOPMENT DEPARTMENT OF THE CITY OF JACKSONVILLE; PROVIDING AN EFFECTIVE DATE; 2/3/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: February 18, 2014

 

Recommend to APPROVE.

 

AYES - Bishop, Boyer, Carter, Clark, Jones, Redman, ( 6 )

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7.    2013-676   AN ORDINANCE AMENDING CHAPTER 368 (NOISE CONTROL), ORDINANCE CODE, PART I (GENERAL PROVISIONS) TO CREATE NEW SECTION 368.109, ADOPTING INTERIM RULES FOR THE ADMINISTRATION OF SPECIAL EVENTS OVER 500 PEOPLE AT METROPOLITAN PARK; APPROVING A MODIFIED LICENSE AGREEMENT FOR SPECIAL EVENTS AT METROPOLITAN PARK; PROVIDING FOR SUNSETTING OF SAID INTERIM RULES AND LICENSE AGREEMENT ON SEPTEMBER 30, 2014; AND PROVIDING AN EFFECTIVE DATE; 9/30/2013 - Read 2nd & Rerefer; 10/14/2013 - Amend/Approve 5-0

 

REPORT OF THE COMMITTEE ON RECREATION & COMMUNITY DEVELOPMENT: October 15, 2013

 

Recommend to AMEND and  APPROVE.

 

REPORT OF THE COMMITTEE ON PUBLIC HEALTH & SAFETY: November 18, 2013

 

Recommend to AMEND and  APPROVE.

 

REPORT OF THE COMMITTEE ON PUBLIC HEALTH & SAFETY: December 02, 2013

 

Recommend to AMEND and  APPROVE.

 

REPORT OF THE COMMITTEE ON RULES: February 18, 2014

 

Recommend to SUBSTITUTE and APPROVE.

 

AYES - Boyer, Carter, Clark, Jones, Lee, Redman, ( 6 )

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8.    2014-38   AN ORDINANCE AMENDING SECTION 55.307 (DOWNTOWN INVESTMENT AUTHORITY BOARD), ORDINANCE CODE, SO THAT A BOARD MEMBER WHOSE BOARD CATEGORY CHANGES DURING THEIR TERM SHALL CONTINUE TO BE A QUALIFIED BOARD MEMBER SO LONG AS THEY MEET ONE OF THE OTHER LISTED QUALIFYING CATEGORIES FOR THAT TERM; MAKING THE AMENDMENT RETROACTIVE; PROVIDING FOR AN EFFECTIVE DATE; 2/3/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RECREATION & COMMUNITY DEVELOPMENT: February 04, 2014

 

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

 

REPORT OF THE COMMITTEE ON RULES: February 18, 2014

 

Recommend to APPROVE.

 

AYES - Bishop, Boyer, Carter, Clark, Jones, Redman, ( 6 )

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9.    2014-110   AN ORDINANCE WAIVING SECTION 106.106(I), ORDINANCE CODE, TO NOT RECAPTURE THE CONVENTION CENTER ENTERPRISE FUND; PROVIDING FOR THE RESOLUTION OF THE RECAPTURE DISPUTE REGARDING THE CLERK OF COURT SUBFUND 016; REQUIRING A TWO-THIRDS VOTE PURSUANT TO 106.106(M), ORDINANCE CODE; PROVIDING FOR ONE CYCLE EMERGENCY PASSAGE; PROVIDING FOR AN EFFECTIVE DATE

 

Recommend to AMEND and APPROVE as an EMERGENCY measure.

 

AYES - Bishop, Boyer, Carter, Clark, Jones, Redman, ( 6 )

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10.    2014-123   AN ORDINANCE APPROPRIATING $128,502 FROM THE SOLID WASTE CONTAMINATION ASSESSMENT PROFESSIONAL SERVICES CA-03109 ACCOUNT TO FUND THE TIRE AND SNIPE SIGNS BUYBACK PROGRAM; REQUESTING EMERGENCY PASSAGE UPON INTRODUCTION; PROVIDING AN EFFECTIVE DATE

 

Recommend to AMEND and APPROVE as an EMERGENCY measure.

 

AYES - Bishop, Boyer, Carter, Clark, Jones, Redman, ( 6 )

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11.    2014-39   AN ORDINANCE AMENDING SECTION 804.1012 (UNAUTHORIZED PARKING IN DISABLED PARKING SPACE PROHIBITED), CHAPTER 804 (JACKSONVILLE TRAFFIC CODE), ORDINANCE CODE, TO MODIFY SUBSECTION (D) TO ALLOW FINES COLLECTED FROM VIOLATIONS OF SUBSECTION (B) TO BE DISTRIBUTED; PROVIDING AN EFFECTIVE DATE; 2/3/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: February 04, 2014

 

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

 

REPORT OF THE COMMITTEE ON RULES: February 18, 2014

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Boyer, Carter, Jones, Redman, ( 5 )

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12.    2013-209   AN ORDINANCE REFORMING THE CITY OF JACKSONVILLE GOVERNMENT AND AMENDING VARIOUS PROVISIONS OF THE ORDINANCE CODE PURSUANT TO CHAPTER 21 (EXECUTIVE BRANCH, GENERALLY), PART 2 (EXECUTIVE REORGANIZATION), ORDINANCE CODE; PROVIDING FOR AN EXECUTIVE BRANCH DEPARTMENTAL REORGANIZATION; AMENDING CHAPTER 22 (MILITARY AFFAIRS, VETERANS AND DISABLED SERVICES DEPARTMENT), ORDINANCE CODE, TO REMOVE THE DISABLED SERVICES RESPONSIBILITIES; AMENDING CHAPTER 23 (INTRA-GOVERNMENTAL SERVICES DEPARTMENT), PART 1 (GENERAL), ORDINANCE CODE, TO INCLUDE GRANTS AND CONTRACT COMPLIANCE, CITY LINK, AND EQUAL BUSINESS OPPORTUNITY OFFICE IN THE OFFICE OF THE DIRECTOR; CREATING NEW PART 6 (OFFICE OF GRANTS AND CONTRACT COMPLIANCE), PART 7 (CITY LINK/630-CITY), PART 8 (OFFICE OF THE OMBUDSMAN), AND PART 9 (EQUAL BUSINESS OPPORTUNITY OFFICE), CHAPTER 23 (INTRA-GOVERNMENTAL SERVICES DEPARTMENT), ORDINANCE CODE; REPEALING CHAPTER 27 (SPECIAL SERVICES DEPARTMENT), ORDINANCE CODE, IN ITS ENTIRETY; CREATING A NEW PART 5 (SOCIAL SERVICES DIVISION), CHAPTER 28 (PARKS, RECREATION AND COMMUNITY SERVICES), ORDINANCE CODE; CREATING A NEW PART 6 (SENIOR SERVICES DIVISION), CHAPTER 28 (PARKS, RECREATION AND COMMUNITY SERVICES), ORDINANCE CODE; CREATING A NEW PART 9 (DISABLED SERVICES DIVISION), CHAPTER 28 (PARKS, RECREATING AND COMMUNITY SERVICES), ORDINANCE CODE; AMENDING CHAPTER 28 (PARKS AND RECREATION), ORDINANCE CODE, TO RENAME PARKS AND RECREATION TO PARKS, RECREATION AND COMMUNITY SERVICES AND TO REMOVE GRANT COMPLIANCE; AMENDING PART 4 (WATERFRONT MANAGEMENT AND PROGRAMMING DIVISION), CHAPTER 28 (PARKS, RECREATING AND COMMUNITY SERVICES), ORDINANCE CODE, TO RENAME THE WATERFRONT MANAGEMENT AND PROGRAMMING DIVISION TO NATURAL AND MARINE RESOURCE DIVISION; CREATING NEW SECTION 32.104 (OPERATIONS DIRECTOR), CHAPTER 32 (PUBLIC WORKS DEPARTMENT), ORDINANCE CODE; REPEALING CHAPTER 32 (PUBLIC WORKS DEPARTMENT), PART 3 (RIGHT OF AWAY AND GROUNDS MAINTENANCE DIVISION), ORDINANCE CODE; CREATING A NEW PART 3 (DIVISION OF RIGHT-OF-WAY AND STORMWATER MAINTENANCE), CHAPTER 32 (PUBLIC WORKS DEPARTMENT), ORDINANCE CODE, CREATING A DIVISION CHIEF OF RIGHT-OF-WAY AND STORMWATER MAINTENANCE, SUBJECT TO COUNCIL CONFIRMATION AND ADDING THE DUTIES OF PUBLIC BUILDINGS AND STREETS AND DRAINAGE TO THIS DIVISION; REPEALING CHAPTER 5 (PUBLIC BUILDINGS DIVISION), CHAPTER 32 (PUBLIC WORKS DEPARTMENT), ORDINANCE CODE; CREATING A NEW PART 5 (DIVISION OF TRAFFIC ENGINEERING), CHAPTER 32 (PUBLIC WORKS DEPARTMENT), ORDINANCE CODE; CREATING A DIVISION CHIEF OF TRAFFIC ENGINEERING SUBJECT TO COUNCIL CONFIRMATION; AMENDING SECTION 656.401 (PERFORMANCE STANDARDS AND DEVELOPMENT CRITERIA), CHAPTER 656 (ZONING CODE), ORDINANCE CODE; AMENDING SECTION 656.1205 (REMOVAL OF PROTECTED TREES PROHIBITED; EXCEPTIONS), CHAPTER 656 (ZONING CODE), ORDINANCE CODE; AMENDING SECTION 664.401 (AUTHORIZED), CHAPTER 664 (PARKS AND RECREATIONAL AREAS, FACILITIES AND ACTIVITIES), ORDINANCE CODE; AMENDING SECTION 734.108 (ELECTRIC FLASH SIGNALS), CHAPTER 734 (RAILROADS), ORDINANCE CODE; AMENDING SECTION 745.105 (CHANGING NAMES OF PUBLIC STREETS BY ORDINANCE; HONORARY STREET DESIGNATIONS BY ORDINANCE), CHAPTER 745 (ADDRESSING AND STREET NAMING REGULATIONS), ORDINANCE CODE; AMENDING SECTION 746.108 (TEMPORARY CLOSING OF STATE ROADS), CHAPTER 746 (STREET USE REGULATIONS), ORDINANCE CODE; AMENDING SECTION 748.106 (DEFINITIONS), CHAPTER 748 (STREETS AND HIGHWAYS SYSTEM), ORDINANCE CODE; AMENDING SECTION 802.104 (PARKING SPACES MARKED), CHAPTER 802 (PUBLIC PARKING), ORDINANCE CODE; AMENDING CHAPTER 804 (JACKSONVILLE TRAFFIC CODE), ORDINANCE CODE; AMENDING PART 1 (GENERAL), CHAPTER 35 (NEIGHBORHOODS DEPARTMENT), ORDINANCE CODE, TO RENAME NEIGHBORHOODS DEPARTMENT TO REGULATORY COMPLIANCE DEPARTMENT; REPEALING PART 7 (HOUSING AND COMMUNITY DEVELOPMENT DIVISION), CHAPTER 35 (NEIGHBORHOODS DEPARTMENT), ORDINANCE CODE; CREATING A NEW PART 7 (HOUSING AND COMMUNITY DEVELOPMENT DIVISION), CHAPTER 30 (PLANNING AND DEVELOPMENT DEPARTMENT), ORDINANCE CODE; AMENDING SECTION 30.401 (COMMUNITY PLANNING DIVISION; ESTABLISHMENT; RESPONSIBILITIES), PART 4 (COMMUNITY PLANNING DIVISION), CHAPTER 30 (PLANNING AND DEVELOPMENT DEPARTMENT), ORDINANCE CODE, TO REMOVE THE TRANSPORTATION RESPONSIBILITIES FROM THE DIVISION; REPEALING AND RESERVING SECTION 30.503 (BICYCLE/PEDESTRIAN COORDINATOR), PART 5 (DEVELOPMENT SERVICES DIVISION), CHAPTER 30 (PLANNING AND DEVELOPMENT DEPARTMENT), ORDINANCE CODE; CREATING NEW PART 8 (TRANSPORTATION PLANNING DIVISION), CHAPTER 30 (PLANNING AND DEVELOPMENT DEPARTMENT), ORDINANCE CODE;  AMENDING SECTION 55.201 (ECONOMIC DEVELOPMENT), CHAPTER 55 (ECONOMIC DEVELOPMENT), ORDINANCE CODE, TO REMOVE THE FUNCTION OF THE EQUAL BUSINESS OPPORTUNITY OFFICE; REPEALING SECTION 55.203 (EQUAL BUSINESS OPPORTUNITY OFFICE), CHAPTER 55 (ECONOMIC DEVELOPMENT), ORDINANCE CODE; AMENDING CHAPTER 126 (PROCUREMENT CODE), PART 6A (SMALL BUSINESS CAPITAL, BONDING, AND OUTREACH PROGRAM), ORDINANCE CODE; AMENDING CHAPTER 126 (PROCUREMENT CODE), PART 6B (JACKSONVILLE SMALL EMERGING BUSINESS PROGRAM), ORDINANCE CODE; PROVIDING FOR AN ORGANIZATIONAL CHART; PROVIDING FOR TRANSITION; PROVIDING FOR CODIFICATION; PROVIDING FOR CODIFICATION INSTRUCTIONS; AUTHORIZING THE COUNCIL AUDITOR'S AND GENERAL COUNSEL'S OFFICE TO MAKE TECHNICAL AMENDMENTS; PROVIDING FOR LIBERAL CONSTRUCTION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.

; 4/1/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: April 02, 2013

 

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

 

REPORT OF THE COMMITTEE ON SPEC REORG REVIEW COMMITTEE: November 25, 2013

 

Recommend to APPROVE the SUBSTITUTE(S) as AMENDED.

 

REPORT OF THE COMMITTEE ON RULES: February 18, 2014

 

Recommend to SUBSTITUTE and APPROVE.

 

AYES - Bishop, Boyer, Carter, Clark, Jones, Lee, Redman, ( 7 )

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2ND READINGS

 

13.    2014-109   AN ORDINANCE CONCERNING THE 2014 ONE SPARK FESTIVAL ("FESTIVAL") ESTABLISHING A FESTIVAL OVERLAY ZONE; ESTABLISHING A FESTIVAL ACTIVITY PERIOD; ALLOWING CERTAIN ADDITIONAL USES IN A PORTION OF THE DOWNTOWN OVERLAY ZONE DURING THE FESTIVAL ACTIVITY PERIOD; NOTWITHSTANDING ANY STATE STATUTE TO THE CONTRARY, INCLUDING BUT NOT LIMITED TO §316.1936(2)(A) AND (2)(B), FLORIDA STATUTES, WAIVING CHAPTER 368 (NOISE CONTROL), ENVIRONMENTAL PROTECTION BOARD RULE 4 (NOISE POLLUTION CONTROL) AND SECTION 154.108, ORDINANCE CODE, TO ALLOW FOR OUTDOOR MUSICAL ENTERTAINMENT AND TO ALLOW OPEN CONTAINERS IN THE DESIGNATED ZONE; REQUESTING EMERGENCY PASSAGE; PROVIDING AN EFFECTIVE DATE

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14.    2014-113   A RESOLUTION CONFIRMING THE SHERIFF'S APPOINTMENT OF ANDREA M. SMITH, AS DIRECTOR OF PERSONNEL AND PROFESSIONAL STANDARDS, IN THE OFFICE OF THE SHERIFF, PURSUANT TO SECTION 37.110, ORDINANCE CODE; PROVIDING A RETROACTIVE APPOINTMENT AND CONFIRMATION; PROVIDING AN EFFECTIVE DATE

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15.    2014-114   A RESOLUTION CONFIRMING THE SHERIFF'S APPOINTMENT OF PATRICK L. IVEY, AS DIVISION CHIEF OF PATROL WEST, IN THE OFFICE OF THE SHERIFF; PROVIDING A RETROACTIVE APPOINTMENT AND CONFIRMATION; PROVIDING AN EFFECTIVE DATE

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16.    2014-115   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF DIANE F. MOSER AS CHIEF OF THE TALENT MANAGEMENT DIVISION OF THE EMPLOYEE SERVICES DEPARTMENT OF THE CITY OF JACKSONVILLE; PROVIDING AN EFFECTIVE DATE

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17.    2014-116   A RESOLUTION REAPPOINTING LANE T. BURNETT AS A MEMBER OF THE JACKSONVILLE WATERWAYS COMMISSION, AS A GENERAL PUBLIC REPRESENTATIVE, PURSUANT TO CHAPTER 95, ORDINANCE CODE, FOR A THIRD TERM EXPIRING MARCH 10, 2017; PROVIDING AN EFFECTIVE DATE

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18.    2014-117   A RESOLUTION REAPPOINTING EDWARD J. FLEMING, JR. AS A MEMBER OF THE JACKSONVILLE WATERWAYS COMMISSION, AS A GENERAL PUBLIC REPRESENTATIVE, PURSUANT TO CHAPTER 95, ORDINANCE CODE, FOR A SECOND TERM EXPIRING MARCH 10, 2017; PROVIDING AN EFFECTIVE DATE

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