MEMORANDUM by 6F0QX8

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									                                    JACKSONVILLE CITY COUNCIL
                                        RESEARCH DIVISION


                   PUBLIC HEALTH AND SAFETY COMMITTEE MINUTES

                                            JANUARY 14, 2008
                                               4:00 P.M.

                                      CITY COUNCIL CHAMBER
                                           1st floor, City Hall
                                          117 W. Duval Street

Attendance: Kevin Hyde (Chair), Committee Members, Gaffney, Holt, Joost, M. Jones, Redman and
Yarborough

The meeting was called to order at 4:01 p.m.

Item #8 – Ordinance 2007-1394 – was taken up first on the agenda, followed by item #11 - 2007-29.


Item/File No.                                              Title/History

1. 2007-984     RESO of Opposition to Extension of any Runway at Craig Air Field; Directing Distribution of Reso
                to Jax Aviation Authority & Dir of Planning & Dev. (Sidman) (C/M Yarborough & Bishop)
                1. 9/11/2007 CO Introduced: TEU, LUZ, PHS (Per CP 11-5-07)
                   9/18/2007 LUZ Read 2nd & Rerefer; 9/18/2007 TEU Amend/Read 2nd & Rerefer 7-0
                2. 9/25/2007 CO Read 2nd & Rereferred; TEU, LUZ
                   10/16/2007 LUZ Amend/Rerefer 5-0; 10/16/2007 TEU Amend/Rerefer 5-0
                3. 10/23/2007 CO AMENDED/Rereferred; TEU, LUZ, PHS (Per CP 11-5-07)
                   11/6/2007 TEU Approve 2-5 (Failed)

                RECOMMEND WITHDRAWAL 7-0


2. 2007-1299    ORD Apv Retention of Spec Counsel to advise JSO on Criminal Procedure & Law; Provide for
                Compensation ($95,000 Annually) & Responsibility for Pymt. (Rohan) (Req of Sheriff & Gen
                Counsel)
                Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/8/08
                1. 12/11/2007 CO Introduced: F,PHS
                   1/2/2008 PHS Read 2nd & Rerefer; 1/2/2008 F Read 2nd & Rerefer
                2. 1/8/2008 CO PH Read 2nd & Rereferred; F,PHS

                AMEND to add provision specifying an hourly rate of $45.67 for the contract services

                RECOMMEND APPROVAL AS AMENDED 7-0


3. 2007-1317    ORD Approp $56,250 from U.S. Dept of Homeland Security to JSO for Specialized Equpmt to
                sustain SWAT & EOD Teams performing Anti-Terrorism Operations. (BT 08-045) (McCain) (Req of
                Sheriff)
                Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/8/08
                1. 12/11/2007 CO Introduced: F,PHS
                   1/2/2008 PHS Read 2nd & Rerefer; 1/2/2008 F Read 2nd & Rerefer



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               2. 1/8/2008 CO PH Read 2nd & Rereferred; F,PHS

               RECOMMEND APPROVAL 7-0


4. 2007-1318   ORD Approp $146,772 from U.S. Dept of Homeland Security to JSO for Technologies & Equpmt to
               enhance Capabilities of SWAT & EOD Teams performing Anti-Terrorism Operations. (BT 08-046)
               (McCain) (Req of Sheriff)
               Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/8/08
               1. 12/11/2007 CO Introduced: F,PHS
                  1/2/2008 PHS Read 2nd & Rerefer; 1/2/2008 F Read 2nd & Rerefer
               2. 1/8/2008 CO PH Read 2nd & Rereferred; F,PHS

               RECOMMEND APPROVAL 7-0


5. 2007-1319   ORD Approp $71,500 from U.S. Dept of Homeland Security to JSO for Technologies & Equpmt to
               enhance Aerial Observation Capabilities of JSO's Aviation Unit in performing Anti-Terrorism
               Operations. (BT 08-047) (McCain) (Req of Sheriff)
               Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/8/08
               1. 12/11/2007 CO Introduced: F,PHS
                  1/2/2008 PHS Read 2nd & Rerefer; 1/2/2008 F Read 2nd & Rerefer
               2. 1/8/2008 CO PH Read 2nd & Rereferred; F,PHS

               RECOMMEND APPROVAL 7-0


6. 2007-1320   ORD Approp $20,000 from U.S. Dept of Homeland Security to JSO to Expand Public Awareness
               Campaigns to Combat Terrorism thru Developmt of Printed Materials, CD's, a Website & other
               Outreach Progs to Business & Civic Groups. (BT 08-048) (McCain) (Req of Sheriff)
               Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/8/08
               1. 12/11/2007 CO Introduced: F,PHS
                  1/2/2008 PHS Read 2nd & Rerefer; 1/2/2008 F Read 2nd & Rerefer
               2. 1/8/2008 CO PH Read 2nd & Rereferred; F,PHS

               RECOMMEND APPROVAL 7-0


7. 2007-1348   ORD Amend Sec 191.114 (Attendance & Participant Standards for Public Safety Emerg Med
               Personnel at Special Events), Ord Code, to Remove Requiremts at Specified Indoor Events within
               1 Mile of Jax Fire & Rescue Stations. (Wedner) (Req of Mayor)
               Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/8/08
               1. 12/11/2007 CO Introduced: PHS,RCD
                  1/2/2008 PHS Read 2nd & Rerefer
                  1/3/2008 RCD Read 2nd & Rerefer
               2. 1/8/2008 CO PH Read 2nd & Rereferred; PHS, RCD

               DEFER


8. 2007-1349   ORD Auth Memo of Understanding with Clerk of the Circuit & County Courts; Waiving Portions of
               Ord Code. (French) (Req of Mayor)
               Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/8/08
               1. 12/11/2007 CO Introduced: F,PHS,R
                  1/2/2008 PHS Read 2nd & Rerefer;         1/2/2008 F Emerg/Amend/Approve 3-2 (Joost, Lee)
               (Failed); 1/2/2008 R Emerg/Amend/Approve 5-0
               2. 1/8/2008 CO PH Read 2nd & Rereferred; F, PHS, R

               Clerk of the Courts Jim Fuller addressed the committee, briefly explaining his office’s functions and
               outlining the nature of the disagreement between the City and his office over interpretation of
               provisions of Article V of the Florida Constitution.

               AMEND to incorporate Council Auditor’s recommendations as outlined in the attachment to the
               agenda dated 1/11/08:
                      Add “Whereas” clause clarifying that Clerk will be responsible for funding all his computer
                       technology and other IT services



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                      More clearly define “City funds” in MOU
                      Delete reference to “Aptitude Solutions” in second Whereas clause of MOU
                      Revise Sec. B.2 to specify which days each quarter recording fee payments are due
                      Revise Secs. C.1 and C.3 of MOU to require the administration rather than the Council
                       Auditor to verify accuracy of IT and storage costs
                      Revise Sec. D.1 to delete “to ensure compliance with good accounting practices and
                       applicable laws”
                      Amend ordinance to delete reference to waiver of Sec. 13.103, Ord. Code.
                      Change reference from “Procurement and Supply Dept.” to “Procurement Division”
                      Change reference from “Administration and Finance Dept.” to “Finance Department”

              RECOMMEND APPROVAL AS AMENDED 5-0


9. 2008-13    RESO Strongly Urging 110th Congress of U.S. to Unanimously Co-Sponsor & Pass Second
              Chance Act of 2007, Senate Bill 1060 & House Bill 1593 to Reduce Recidivism & Provide
              Expanded Svcs to Adult & Juvenile Offenders & their Families for Reentry into Society; Directing
              Distribution of Reso. (Sidman) (M.Jones)
              1. 1/8/2008 CO Introduced: R, PHS

              EMERGENCY approved at Council Member M. Jones’ request in order to forward the request to
              Congress as they are returning to session after the holidays in hopes of obtaining funding for the
              City’s anti-crime efforts.

              AMENDED to insert emergency approval language.

              RECOMMEND APPROVAL AS AMENDED, AS AN EMERGENCY 7-0


10. 2008-28   ORD Amend Chapt 366 (Groundwater Resource Mgmt), Ord Code, to Expand Regulatory
              Authority of Environmental & Compliance Dept & Environmental Protection Bd Over Surface
              Waters of the County; Amend Sec 366.209, to include Ticketing Authority; Create New Pt 6 for
              Mgmt & Regulation of Lawn & Specialized Turf Fertilization Including Lawns on Residential &
              Commercial Proptys & Public & Private Golf Courses; Ord to be Applicable Countywide;
              Education, Training & Record Keeping Requiremts for Commercial Landscapers & Fertilizer
              Applicators; Persons for Hire to Apply Fertilizer to Subject Propty must Successfully Complete
              Specified Training; Provide Guidelines for FL Friendly Landscaping; Provide Public Nuisance
              Declaration & Enforcemt; Provide Fertilizer Storage & Maint Requiremts & Inspection Prog. (Teal)
              (Req of Mayor)
              Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/22/08
              1. 1/8/2008 CO Introduced: PHS,TEU,RCD,JWW
                       ND
              READ 2        & REREFER


11. 2008-29   ORD Approp $3,000,000 from Emerg Rsv for Overtime Pay for Officers Deployed by JSO in
              Operation Safe Streets, Provide Reimbursemt of Funds Approp from Emerg Rsv. (BT 08-070)
              (McCain) (Req of Mayor)
              Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/22/08
              1. 1/8/2008 CO Introduced: F,PHS

              Undersheriff Frank Mackesy explained that this funding will be used as a similar appropriation was
              used in 2006 – for overtime to saturate high crime areas identified by the JSO’s research and
              analysis unit with extra officers when and where needed to attack the worst crime problems. In
              2006 the JSO made 33,000 positive contacts with citizens, found out what the problems were and
              where, and effected a 38% reduction in the murder rate in the second half of that year. The JSO
              could theoretically expend the funds at a rate of $1 million per month, but expects to be able to
              stretch it over 5 or 6 months. The committee discussed the need for sustainability of these
              intensified efforts, and Undersheriff Mackesy pointed out that the recent Matrix study shows that a
              substantial number of additional officers is needed to deal with the City’s growing population.

              EMERGENCY approved to appropriate the funds and attack the crime problem as rapidly as
              possible.

              RECOMMEND APPROVAL AS AN EMERGENCY 7-0




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12. 2008-30      ORD Amend Chapt 366 (Groundwater Resource Management), Ord Code, Create New Pt 5 for
                 Local Implementation of Water Conservation Rule for Landscape Irrigation of St. Johns River
                 Water Mgmt Dist; Provide: Jurisdiction (USD-1); Definitions; Landscape Irrigation Schedule &
                 Exceptions; Variances from Specific Days of Week; Applicability of Ord; Enforcement; Penalties for
                 Violation. (Radlinski) (Req of Mayor)
                 Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/22/08
                 1. 1/8/2008 CO Introduced: PHS,TEU
                          ND
                 READ 2        & REREFER




At the conclusion of the regular agenda Beverly McClain, director of Families of Slain Children,
distributed a handout and introduced several mothers who addressed the committee about their
experiences in losing a child to murder and their experiences with the Sheriff’s Office response to their
situations. Speakers included Mandy Miller, Machelle Woods, Sarah Miles Mobley and Elizabeth Toole.
The women described a seeming lack of sensitivity on the part of the JSO to their plight, a lack of
information and communication about what was happening in the JSO and State Attorney’s Office
regarding the capture and prosecution of their children’s killers, and difficulty in finding and affording the
counseling they and their families need to cope with the tragedies.

Committee members discussed the need to find the resources to support crime victims, especially the
families who have lost loved ones to homicide. It was noted that there is only one victim services officer
in the JSO, and that position was barely saved from elimination in last year’s budget debate. Undersheriff
Mackesy stated that the JSO and Sheriff Rutherford empathize with and very much want to communicate
with the victims and families touched by crime but are sometimes limited by resources and by constraints
of proper criminal investigation and prosecution procedures in what they can say and when.

Alan Mosley, the City’s Chief Administrative Officer, briefly addressed the subject of vehicle fleet
maintenance outsourcing and the need for a real “apples to apples” comparison of public sector vs. private
sector costs, speed and quality of service. He sees the need for a joint meeting of representatives of Auto
Masters, the JSO, the Council Auditor’s Office, Fleet Management, and others to come to mutual
agreement on a set of comparable costs and methodologies. If the decision is made to outsource fleet
maintenance services, and the administration is open to that idea, then an RFP process will be necessary
and any interested company will have the opportunity to make a proposal. Council Member Joost
suggested using a test sample of vehicles to be serviced by the City and by AutoMasters to compare the
costs and time for comparable jobs.

Council Member Redman spoke briefly about out-of-school suspensions and truancy prevention.
Truancy is a big problem in Jacksonville and out-of-school suspensions doesn’t help that problem; it
merely offers more opportunities for unsupervised youth to find trouble. A supervised setting where the
police can safely take juveniles where they will be supervised and, ideally, helped with school work, is
needed. The Vineyard Church in his district is trying to organize a pilot program where a certified
teacher would be available to take in truants for supervision and tutoring, but needs to find the resources
to make it happen. Neither the School Board nor the City has funding available, so the search continues.

Council Member Mia Jones told the committee that Mayor Peyton announced last Friday that the Juvenile
Assessment Center will be reopened in a joint City/State effort. Council Member Holt noted that the $65
court fee assessment for juvenile justice is currently being used for the Juvenile Drug Court, so is not
available to fund the Juvenile Assessment Center’s operations. Another source must be found for the
JAC.

Council Member Joost introduced the idea of amending the City’s Tree Protection and Related Expenses
Trust Fund ordinance to permit more of the funds to be expended for tree maintenance rather than just
tree planting. Assistant General Counsel Tracey Arpen explained the background of the trust fund’s
adoption and the regulations on its use. The authorizing ordinance was specifically worded so that the


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trust fund could not be used as the sole or primary funding source for all of Public Works’ tree
maintenance activities, limiting use of the trust fund to no more than 10% of the annual tree maintenance
budget. Mr. Joost feels that a much greater effort needs to be made to keep trees alive through proper
pruning, fertilizing, and other maintenance practices rather than letting trees die and using more trust fund
resources to replant them. There is also public safety and crime fighting benefits to be had from pruning
trees so that street lights can better do their job of illuminating neighborhoods.

Mr. Arpen noted that the City has been careful in its use of the trust fund in order to preserve it from
possible legal challenges on the grounds of the fee being a tax in disguise. The tree protection trust fund
option is more defensible to the extent that it is used strictly for the planting and encouraging the growth
of trees to replace those cut down in the course of development, and to the extent that the rationale for the
use of the funds is NOT aesthetics, public safety, or other uses that don’t meet the rational nexus test for
which the funds are collected. Staff is collecting data on the total number of trees that have been planted
using Tree Protection and Related Expenses Trust Fund dollars, but it is a lengthy process involving
several different city agencies with tree planting responsibilities.

There being no further business, the meeting was adjourned at 5:15 p.m.




Jeff Clements, City Council Research
630-1405




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