RULES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

April 06,2015

 

BILL GULLIFORD, CHAIR

 

CHERYL L. BROWN, COUNCIL SECRETARY/DIRECTOR

 

 

MINUTES OF THE REGULAR MEETING of the Council of the City of Jacksonville, held in Council Chambers, City Hall, Jacksonville, Florida, April 06,2015.  The meeting was called to order at 9:01 A.M. by Committee Chair Bill Gulliford.  The meeting was adjourned at 9:50 A.M.

 

 

 

Members in Attendance:                          Staff Attendance:

                 

                       CM Bill Gulliford, Chair                           Juliette Williams, Legislative Aide

                       CM Warren Jones, Vice Chair                Kyle Billy, Principal Auditor

                       CM Lori Boyer                                       Heather Reber, Asst. Auditor

                       CM Stephen Joost                                Jeff Clements, Chief of Research

                       CM Robin Lumb                                     Theresa Eichner, Administration

                       CM Don Redman                                   Peggy Sidman, Deputy General Counsel

                       CM Matt Schellenberg

                       

 

 

 

Others in Attendance:

 

 

 

Jody Brooks, GC (15-186)

 

 


1.    2015-190   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF TONY D. HANSBERRY, A DUVAL COUNTY RESIDENT, TO THE JACKSONVILLE CHILDREN'S COMMISSION, SCHOOL BOARD DISTRICT #4, FILLING THE SCHOOL BOARD DISTRICT #4 SEAT FORMERLY HELD BY MATTHEW RYAN KANE, PURSUANT TO SECTION 51.103, ORDINANCE CODE, FOR A PARTIAL TERM TO EXPIRE JULY 15, 2015; PROVIDING AN EFFECTIVE DATE; 3/16/2015 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: April 06, 2015

 

Recommend to APPROVE.

 

AYES – Boyer, Gulliford, Jones, Joost, Lumb, Redman, Schellenberg ( 7 )

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2.    2015-191   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF EMILIO ZELLER, A DUVAL COUNTY RESIDENT, TO THE JACKSONVILLE HOUSING AUTHORITY, FILLING A SEAT FORMERLY HELD BY GENEVA P. HENDERSON, PURSUANT TO CHAPTER 51A, ORDINANCE CODE, FOR A FIRST FULL TERM TO EXPIRE SEPTEMBER 16, 2017; PROVIDING AN EFFECTIVE DATE; 3/16/2015 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: April 06, 2015

 

Recommend to APPROVE.

 

AYES – Boyer, Gulliford, Jones, Joost, Lumb, Redman, Schellenberg ( 7 )

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3.    2015-192   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF MARIO J. PAYNE, A DUVAL COUNTY RESIDENT, TO THE LIBRARY BOARD OF TRUSTEES, REPRESENTING AT-LARGE GROUP 1,  FILLING THE SEAT FORMERLY HELD BY RITA R. CANNON, PURSUANT TO SECTION 90.101 (BOARD OF LIBRARY TRUSTEES), ORDINANCE CODE, FOR A PARTIAL TERM TO EXPIRE JULY 30, 2016; PROVIDING AN EFFECTIVE DATE; 3/16/2015 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: April 06, 2015

 

Recommend to AMEND and  APPROVE.

 

AYES – Boyer, Gulliford, Jones, Joost, Lumb, Redman, Schellenberg ( 7 )

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4.    2014-653   A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JACKSONVILLE URGING THE MAYOR AND THE OFFICE OF GENERAL COUNSEL TO CONTINUE THE 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 LEGAL VALIDITY OF THE "THIRTY YEAR AGREEMENT" BETWEEN THE CITY OF JACKSONVILLE AND THE JACKSONVILLE POLICE AND FIRE PENSION FUND BOARD OF TRUSTEES AND THE APPROPRIATE ENTITY TO NEGOTIATE FOR POLICE AND FIRE PENSION BENEFITS OF TH EPOLICE AND FIRE PENSION FUND; PROVIDING AN EFFECTIVE DATE; 10/6/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: October 07, 2014

 

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

 

REPORT OF THE COMMITTEE ON RULES: April 06, 2015

 

Recommend  to WITHDRAW.

 

AYES – Boyer, Gulliford, Jones, Joost, Lumb, Redman, Schellenberg ( 7 )

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5.    2014-721   AN ORDINANCE INVOKING THE CITY OF JACKSONVILLE'S RIGHT TO TERMINATE THE RESTATED AGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND THE JACKSONVILLE POLICE AND FIRE PENSION BOARD OF TRUSTEES, DATED MARCH 5TH, 2001, AS AMENDED, ON THE GROUNDS THAT THE RESTATED AGREEMENT IS ILLEGAL AND UNENFORCEABLE; AUTHORIZING THE OFFICE OF GENERAL COUNSEL TO TAKE FURTHER ACTION TO EFFECTUATE THE PURPOSE OF THIS ORDINANCE; REQUESTING ONE CYCLE EMERGENCY PASSAGE; PROVIDING AN EFFECTIVE DATE; 11/17/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: November 18, 2014

 

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

 

REPORT OF THE COMMITTEE ON RULES: April 06, 2015

 

Recommend  to WITHDRAW.

 

AYES – Boyer, Gulliford, Jones, Joost, Lumb, Redman, Schellenberg ( 7 )

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6.    2015-74   AN ORDINANCE APPROVING AN AGREEMENT WITH HABITAT FOR HUMANITY OF JACKSONVILLE, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("HABIJAX"), PROVIDING FOR HABIJAX (1) TO REFUND TO THE CITY OF JACKSONVILLE THE CITY'S COSTS IN ACQUIRING AND DONATING TO HABIJAX THE LANDS DESCRIBED IN THE AGREEMENT, AND (2) RENDER TITLE TO THE LANDS MARKETABLE WHERE POSSIBLE; WAIVING THE PROVISIONS OF SECTION 122.461, JACKSONVILLE ORDINANCE CODE, AS TO THE LANDS DESCRIBED IN THE AGREEMENT AND ADDITIONAL LANDS DESCRIBED HEREIN FOR WHICH THE CITY HAS PREVIOUSLY RECEIVED REIMBURSEMENT FROM HABIJAX;  ALL SUCH LANDS LYING IN COUNCIL DISTRICTS 7, 8, AND 9; PROVIDING AN EFFECTIVE DATE; 2/2/2015 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: February 03, 2015

 

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

 

REPORT OF THE COMMITTEE ON RECREATION, COMMUNITY DEVELOPMENT, PUBLIC HEALTH  & SAFETY COMMITTEE: February 03, 2015

 

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

 

REPORT OF THE COMMITTEE ON RULES: April 06, 2015

 

Recommend to AMEND and  APPROVE.

 

AYES – Boyer, Gulliford, Jones, Joost, Lumb, Redman, Schellenberg ( 7 )

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7.    2015-111   AN ORDINANCE CONCERNING SURPLUS PERSONAL PROPERTY OF THE CITY; DECLARING THAT CERTAIN FIRE RESCUE 13 FREIGHTLINER/ AMERICAN LAFRANCE (VIN 1FVABPCS54DM17847, MOTOR POOL NUMBER 8734-10) VALUED AT $9,450.00 TO BE SURPLUS TO THE NEEDS OF THE CITY AND AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY TO TRANSFER TITLE OF SAID PROPERTY TO GUARDIANS OF THE RIBBON - JACKSONVILLE CHAPTER, INC., A FLORIDA NON-PROFIT CORPORATION AT NO COST, WAIVING SECTION 122.813, ORDINANCE CODE, REGARDING DISPOSAL OF FIRE EQUIPMENT TO ALLOW DONATION TO GUARDIANS OF THE RIBBON-JACKSONVILLE CHAPTER INC.; PROVIDING FOR A REVERTER; PROVIDING AN EFFECTIVE DATE; 2/17/2015 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: February 18, 2015

 

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

 

REPORT OF THE COMMITTEE ON RECREATION, COMMUNITY DEVELOPMENT, PUBLIC HEALTH  & SAFETY COMMITTEE: February 18, 2015

 

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

 

REPORT OF THE COMMITTEE ON FINANCE: March 17, 2015

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON RECREATION, COMMUNITY DEVELOPMENT, PUBLIC HEALTH  & SAFETY COMMITTEE: March 17, 2015

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON RULES: April 06, 2015

 

Recommend to AMEND and APPROVE.   The motion FAILED.

 

AYES – Lumb, Redman, ( 2 )

 

NAYS – Boyer, Gulliford, Jones, Joost, Schellenberg ( 5 )

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8.    2015-186   AN ORDINANCE AUTHORIZING THE MAYOR OR DESIGNEE AND CORPORATION SECRETARY TO EXECUTE AN INTERLOCAL SERVICE BOUNDARY AGREEMENT WITH THE CITY OF ATLANTIC BEACH PROVIDING FOR THE ANNEXATION OF CERTAIN LANDS FROM THE CITY OF JACKSONVILLE TO THE CITY OF ATLANTIC BEACH UPON WHICH THE DEVELOPMENT OF THE ATLANTIC BEACH COUNTRY CLUB FORMERLY KNOWN AS SELVA MARINA COUNTRY CLUB IS BEING REDEVELOPED BY ATLANTIC BEACH PARTNERS, LLC; PROVIDING AN EFFECTIVE DATE; 3/16/2015 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: March 17, 2015

 

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

 

REPORT OF THE COMMITTEE ON RECREATION, COMMUNITY DEVELOPMENT, PUBLIC HEALTH  & SAFETY COMMITTEE: March 17, 2015

 

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

 


REPORT OF THE COMMITTEE ON RULES: April 06, 2015

 

Recommend to APPROVE.

 

AYES – Boyer, Gulliford, Jones, Joost, Lumb, Redman, Schellenberg ( 7 )

_____________________

 

9.    2015-187   A RESOLUTION AUTHORIZING THE OFFICE OF GENERAL COUNSEL TO SECURE FROM A COURT, COMMISSION, OR OTHER TRIBUNAL OF COMPETENT JURISDICTION A DETERMINATION AS TO THE LEGALITY AND ENFORCEABILITY OF THE 2001 AGREEMENT OR ANY PORTION THEREOF BETWEEN THE CITY OF JACKSONVILLE AND THE POLICE AND FIRE PENSION FUND BOARD OF TRUSTEES AND TO INITIATE OR RENEW PROCEEDINGS TO ACHIEVE SUCH A DETERMINATION, AS THE OFFICE OF GENERAL COUNSEL DEEMS APPROPRIATE; PROVIDING AN EFFECTIVE DATE; 3/16/2015 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: March 17, 2015

 

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

 

REPORT OF THE COMMITTEE ON RULES: April 06, 2015

 

Recommend  to WITHDRAW.

 

AYES – Boyer, Gulliford, Jones, Joost, Lumb, Redman, Schellenberg ( 7 )

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10.    2015-200   AN ORDINANCE APPROPRIATING $85,000 FROM GENERAL FUND FUND BALANCE FOR A FORENSIC INVESTIGATION OF THE JACKSONVILLE POLICE AND FIRE PENSION FUND; AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY, AN ENGAGEMENT LETTER WITH BENCHMARK FINANCIAL SERVICES, INC. TO CONDUCT THE FORENSIC INVESTIGATION OF THE JACKSONVILLE POLICE AND FIRE PENSION FUND, AND AUTHORIZING THE OFFICE OF GENERAL COUNSEL TO PREPARE AN AGREEMENT IN COMPLIANCE WITH THE ENGAGEMENT LETTER; PROVIDING FOR CITY OVERSIGHT BY THE COUNCIL AUDITOR'S OFFICE; INVOKING THE EXCEPTION OF 126.107(G) (EXEMPTIONS), PART 1 (GENERAL REGULATIONS), CHAPTER 126 (PROCUREMENT CODE), ORDINANCE CODE, FOR THE PROFESSIONAL SERVICES OF BENCHMARK FINANCIAL SERVICES, INC. FOR THE FORENSIC INVESTIGATION; PROVIDING AN EFFECTIVE DATE; 3/16/2015 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: March 17, 2015

 

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

 

REPORT OF THE COMMITTEE ON RULES: April 06, 2015

 

Recommend to AMEND and  APPROVE.

 

AYES – Boyer, Gulliford, Jones, Joost, Lumb, Redman, Schellenberg ( 7 )

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11.    2015-201   A  RESOLUTION URGING THE STATE LEGISLATURE TO PROVIDE REMEDY BASED ON THE UNAUTHORIZED ESTABLISHMENT OF THE JACKSONVILLE POLICE AND FIRE PENSION FUND SENIOR STAFF VOLUNTARY RETIREMENT PLAN; DIRECTING THE COUNCIL LEGISLATIVE SERVICES DIVISION TO PROVIDE A COPY OF THIS RESOLUTION TO THE GOVERNOR OF FLORIDA, PRESIDENT OF THE FLORIDA SENATE, SPEAKER OF THE FLORIDA HOUSE, MEMBERS OF THE JOINT LEGISLATIVE AUDITING COMMITTEE AND MEMBERS OF THE DUVAL LEGISLATIVE DELEGATION; PROVIDING AN EFFECTIVE DATE; 3/16/2015 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: March 17, 2015

 

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

 

REPORT OF THE COMMITTEE ON RULES: April 06, 2015

 

Recommend to APPROVE.

 

AYES – Boyer, Gulliford, Jones, Joost, Lumb, Redman, Schellenberg ( 7 )

_____________________

 

 

12.    2015-217   A RESOLUTION RECOGNIZING AND CELEBRATING THE LIFETIME ACHIEVEMENTS OF PRESTON HASKELL; PROVIDING AN EFFECTIVE DATE

 

Recommend to AMEND and APPROVE.

 

AYES – Boyer, Gulliford, Jones, Lumb, Redman, Schellenberg ( 6 )

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13.    2015-226   AN ORDINANCE APPROPRIATING $294,550 FROM DRAINAGE SYSTEM REHABILITATION - STORM WATER SERVICES - CAPITAL PROJECTS TO DRAINAGE SYSTEM REHABILITATION - JUDGMENTS, CLAIMS, & SETTLEMENTS FOR SETTLEMENT OF A LAWSUIT FOR INVERSE CONDEMNATION; APPROVING THE SETTLEMENT OF A LAWSUIT FOR INVERSE CONDEMNATION IN THE AMOUNT OF $294,550 ($144,550 FOR THE PLAINTIFF PROPERTY OWNERS' DAMAGES, COSTS, INTEREST, AND STATUTORY ATTORNEY'S FEES AND $150,000 FOR THE PURCHASE OF THE OWNERS' REAL PROPERTY) IN THE PROCEEDING STYLED FLEET V. CITY OF JACKSONVILLE, CASE NO. 16-2011-CA-003966; REQUESTING ONE CYCLE EMERGENCY PASSAGE; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE as an EMERGENCY measure.

 

AYES – Boyer, Gulliford, Jones, Lumb, Redman, Schellenberg ( 6 )

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14.    2015-228   A RESOLUTION HONORING AND COMMENDING THE UNIVERSITY OF NORTH FLORIDA OSPREYS MEN'S BASKETBALL TEAM ON WINNING THE ATLANTIC SUN CONFERENCE REGULAR SEASON AND TOURNAMENT CHAMPIONSHIPS AND EARNING A BID TO THE NCAA TOURNAMENT FOR THE FIRST TIME; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

AYES – Boyer, Gulliford, Jones, Lumb, Redman, Schellenberg ( 6 )

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