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RULES COMMITTEE

 

MEETING MINUTES

 

 

 

Monday January 05, 2015

Tape No.________________________

9:00 AM

Council Chambers 1st Floor, City Hall

Dana M. Farris,

Chief of Legislative Services

Bill Gulliford, Chair

Legislative Aide: Juliette Williams

Warren Jones, Vice Chair

Council Auditor: Heather Reber, Kyle Billy

Johnny Gaffney - excused

Deputy General Counsel: Peggy Sidman

Stephen Joost

Chief of Research: Jeff Clements

Robin Lumb

Administration: Margo Klosterman

Don Redman

Matt Schellenberg

 

 

                        Convened 9:00 a.m.              Adjourned 10:00 a.m.

 

If a person decides to appeal any decision made by the Council with respect to any matter considered at such meeting, such person will need a record of the proceedings, and for such purpose, such person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.

 


Attendance:

 

Councilman John Crescimbeni

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NOTE: The next regular meeting will be held Tuesday. January 20, 2015


 

 

Item/File No.

Title/History

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

1. 7/23/2013 CO Introduced: R,PHS,LUZ, RCDPHS (Per CP 6/25/14)

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

5/13/2014 CO PH Contd 6/10/14

6/10/2014 CO PH Contd 6/24/14

6/24/2014 CO PH Contd 7/22/14

7/22/2014 CO PH Contd 8/27/14

8/19/2014 LUZ PH SUB/Rerefer 6-0; 8/19/2014 RCDPHS Sub/Rerefer 6-0

8/27/2014 CO PH/Discharge;R/SUBSTITUTE/ Rerefer; R,RCDPHS,LUZ

9/23/2014 CO PH Contd 10/14/14

10/14/2014 CO PH Contd 10/28/14

10/28/2014 CO PH Contd 11/12/14

11/12/2014 CO PH Contd 12/9/14

12/2/2014 LUZ PH Withdraw 6-0

12/9/2014 CO PH Contd 1/13/15

Bill Summary

 

 

Withdraw 4-0

 

 

 

 

 

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

1. 5/13/2014 CO Introduced: R,F

5/19/2014 R Read 2nd & Rerefer

5/20/2014 F Read 2nd & Rerefer

2. 5/27/2014 CO PH Read 2nd & Rereferred; R, F

 

Bill Summary

 

Defer

 

 

 

3. 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

1. 6/24/2014 CO Introduced: R,TEU, RCDPHS (Per CP 6/25/14)

7/14/2014 R Read 2nd & Rerefer; 7/14/2014 TEU Read 2nd & Rerefer

7/15/2014 RCDPHS Read 2nd & Rerefer

2. 7/22/2014 CO PH Read 2nd & Rereferred; R, TEU, RCDPHS

 

Bill Summary

 

Substitute and Rerefer  5-0

 

1.       Lists 4 additional blight factors

2.       Defines historic structures

3.       Lists an additional example of an unsafe building or structure

4.       Allows the Procurement and Real Estate divisions to donate vacant or boarded-up buildings without water or electricity for residential housing purposes.

 

 

 

4. 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

1. 7/22/2014 CO Introduced: R,RCDPHS

8/4/2014 R Read 2nd & Rerefer

8/5/2014 RCDPHS Read 2nd & Rerefer

2. 8/12/2014 CO PH Read 2nd & Rereferred; R, RCDPHS

 

Bill Summary Fact Sheet

 

Withdraw 5-0

5. 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

1. 8/12/2014 CO Introduced: R,F

8/18/2014 R Read 2nd & Rerefer

8/19/2014 F Read 2nd & Rerefer

2. 8/27/2014 CO PH Read 2nd & Rereferred; R, F

 

Bill Summary Fact Sheet

 

Defer

 

 

6. 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)

1. 9/23/2014 CO Introduced: R,F

10/6/2014 R Read 2nd & Rerefer

10/7/2014 F Read 2nd & Rerefer

2. 10/14/2014 CO Read 2nd & Rereferred; R, F

 

Bill Summary

 

Defer

 

7. 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

1. 10/14/2014 CO Introduced: R,F,RCDPHS

10/20/2014 R Read 2nd & Rerefer

10/21/2014 RCDPHS Read 2nd & Rerefer; 10/21/2014 F Read 2nd & Rerefer

2. 10/28/2014 CO PH Read 2nd & Rereferred; R, F, RCDPHS

 

Bill Summary

 

Defer

 

Council Member Joost commented on the need to enforce the vehicles for hire ordinance with regard to the UberX and Lyft services as a matter of fairness and of public safety. Jack Shad, Chief of Public Parking, has worked with the Office of General Counsel and the Risk Management Division to craft proposed amendments, which he will circulate to the members by e-mail. The City and the companies continue to differ over when drivers are to be considered “on the clock” for the companies for insurance purposes (how is “contingent period” defined?). Council Member Redman expressed passenger safety concerns.

 

8. 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)

1. 10/28/2014 CO Introduced: R

11/3/2014 R Read 2nd & Rerefer

2. 11/12/2014 CO Read 2nd & Rereferred; R

 

Bill Summary

 

Defer

 

 

9. 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

1. 11/12/2014 CO Introduced: R,F

11/17/2014 R Read 2nd & Rerefer

11/18/2014 F Read 2nd & Rerefer

2. 11/25/2014 CO PH Read 2nd & Rereferred; R, F

 

Bill Summary

 

Defer

 

10. 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

1. 11/12/2014 CO Introduced: R,F

11/17/2014 R Read 2nd & Rerefer

11/18/2014 F Read 2nd & Rerefer

2. 11/25/2014 CO PH Read 2nd & Rereferred; R, F

 

Bill Summary

 

Defer

 

11. 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

1. 11/12/2014 CO Introduced: R

11/17/2014 R Read 2nd & Rerefer

2. 11/25/2014 CO PH Read 2nd & Rereferred; R

 

Bill Summary

 

Defer

 

12. 2014-741

ORD Naming the Soccer Pitch at the Baseball Grounds of Jacksonville "Community First Park" only during Soccer Events at the Baseball Grounds. (Sawyer) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/13/15

1. 11/12/2014 CO Introduced: R,RCDPHS

11/17/2014 R Read 2nd & Rerefer

11/18/2014 RCDPHS Read 2nd & Rerefer

2. 11/25/2014 CO Read 2nd & Rereferred; R, RCDPHS

12/1/2014 R Amend/Approve 7-0

12/2/2014 RCDPHS Amend/Approve 6-0

3. 12/9/2014 CO AMENDED(R)/Rereferred; R, RCDPHS

 

Bill Summary Fact Sheet

 

Steve Diebenow representing the Jacksonville Armada answered several questions about any costs to the City from this agreement (none).

 

Approve 6-0

 

13. 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

1. 11/12/2014 CO Introduced: R

11/17/2014 R Read 2nd & Rerefer

2. 11/25/2014 CO PH Read 2nd & Rereferred; R

 

Bill Summary

 

Council Member Schellenberg asked whether the expansion of the jurisdiction of the Inspector General’s Office to cover the constitutional officers and independent authorities would overtax the personnel and resources of the IG’s Office. Sheryl Steckler, Acting Inspector General, estimated that it would probably take 20 personnel and $3 - 5 million per year in the “worst case scenario” to completely cover the inspection, oversight and investigation needs of the City and all of its affiliated agencies and authorities, noting that costs and personnel could be phased in over time as workload demands grow. The committee discussed the referendum fiscal impact statement that will be required to be prepared for this ordinance and how to balance the potential costs of the IG office with the savings or cost avoidance such an office could be expected to produce. Council Member Crescimbeni was of the opinion that the fiscal impact statement should relate only to the incremental costs likely to be incurred as a result of a favorable referendum vote, and should not reference the costs the City Council has already agreed to incur by the creation of the IG office and its work in relation to already-covered City departments.

 

Committee members expressed divergent views on whether or how the constitutional officers and independent authorities should contribute financially to the cost of IG operations related to their offices. Deputy General Counsel Peggy Sidman said that she would research an earlier OGC opinion about whether the City can or cannot force a constitutional officer or independent authority to enter into a contract, which is one avenue being explored for having the independent authorities pay their costs. Council Member Joost suggested paying IG costs as a City central service and charging all covered agencies a pro rata share as an internal service charge.

 

Approve as Substituted 5-1 (Schellenberg)

 

Substitute relocates the Inspector General provisions from City Charter Article 5 (City Council) to Chapter 2 (Ethics) of City Charter Article 1 (Government and Ethics) and removes the defunct Water and Sewer Expansion Authority as a covered agency.

 

14. 2014-750

ORD-MC Amend Chapt 120 (Gen Employees & Corrections Officers Retiremt Plans), Secs 120.202 & 120.502, to Provide that Apptd Employees hired on or after 10/14/14 in Ofc of Inspector General who choose to join a City-Sponsored Retiremt Prog shall only be Eligible to join the Gen Employees Defined Contribution Plan; Provide that Changes to Chapt 120 are Limited to those only in Managerial Roles hired under Sec 602.303(w), Ord Code, & Current Plan Participants hired under Sec 602.303(w), shall not Participate in the Plan. (Sidman) (Introduced by CM Crescimbeni)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 12/9/14

1. 11/25/2014 CO Introduced: R,F

12/1/2014 R Read 2nd & Rerefer

12/2/2014 F Read 2nd & Rerefer

2. 12/9/2014 CO PH Read 2nd & Rereferred; R, F

 

Bill Summary

 

Approve 6-0

 

Reconsider 6-0

 

Defer 6-0

15. 2014-766

RESO Reappt Raymond S Pringle, Jr as Member of Jax Waterways Comm for 2nd Term exp 12/31/17. (Merritt) (Introduced by CP Yarborough)

1. 11/25/2014 CO Introduced: R

12/1/2014 R Read 2nd & Rerefer

 

Bill Summary

 

Approve 6-0

 

16. 2014-769

RESO Reaffirming & Reauthorizing General Counsel to Commence Litigation to Determine the Legal Validity of Establishmt of the Police & Fire Pension Fund Senior Staff Voluntary Retiremt Plan & Determine if the Bd of Trustees of the Fund Mismanaged or took Unauthorized Actions in Creating said Plan. (Johnston) (Introduced by CM Schellenberg)

1. 11/25/2014 CO Introduced: R

12/1/2014 R Emerg/Approve 7-0

2. 12/9/2014 CO REREFERRED; R

 

Bill Summary

 

Defer

 

17. 2014-775

RESO Conf Appt of Sylvia Perry to the Jax Small & Emerging Business Monitoring Committee, Replacing Vandaren C Gantt, as a Private Citizen, for a Partial Term exp 4/30/15. (Sidman) (Req of Mayor)

1. 12/9/2014 CO Introduced: R

 

Bill Summary Fact Sheet

 

2nd and rerefer

 

18. 2014-776

ORD-MC Amend Sec 118.602 (Responsibility), Chapt 118 (City Grants), Ord Code, to Clarify Appt of Members to the Cultural Council of Greater Jacksonville. (Sidman) (Introduced by CM Crescimbeni)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/13/15

1. 12/9/2014 CO Introduced: R

 

Bill Summary

 

2nd and rerefer

 

19. 2014-777

RESO Honoring & Commemorating the Life & Accomplishments of Stafford Campbell. (Clements) (Introduced by CM Crescimbeni, Sponsored by CP Yarborough)

1. 12/9/2014 CO Introduced: R

 

Bill Summary

 

Approve 6-0

20. 2014-778

RESO Honoring & Commending Carolyn Shehee Williams upon her Retirement from the Jacksonville Public Library. (Clements) (Introduced by CM Crescimbeni & Co-sponsored by CP Yarborough)

1. 12/9/2014 CO Introduced: R

 

Bill Summary

 

Approve 6-0

 

21. 2014-779

RESO Supporting Display of National Motto "In God We Trust" in Council Chambers, City Hall, in Prominent Location. (Sidman) (Introduced by CM Gulliford, Sponsored by CP Yarborough)

1. 12/9/2014 CO Introduced: R

 

Bill Summary

 

2nd and Rerefer

 

 

******NOTE: Other items may be added at the discretion of the Chair******

 

Jeff Clements, Council Research Division

Posted 1.6.15  2:30 p.m.