:

FINANCE COMMITTEE

 

MEETING MINUTES - AMENDED

 

 

 

Tuesday June 05, 2018

Tape No.________________________

9:30 AM  

 

Council Chambers 1st Floor,  City Hall

Carol Owens, Chief of Legislative Services

 

 

 

 

Garrett Dennis, Chair

Legislative Assistant: Adri Maguire Segui

Danny Becton, Vice Chair

Council Auditor: Kyle Billy

Lori Boyer

Chief of Research: Jeff Clements

Greg Anderson

Deputy General Counsel: Peggy Sidman

Joyce Morgan

Administration: Jordan Elsbury

Reggie Gaffney

Asst. Council Auditor: Kim Taylor

Matt Schellenberg

 

 

 

                        Meeting Convened   9:33 a.m.           Meeting Adjourned  12:20 p.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:

Council Member Bill Gulliford

Council Member Doyle Carter

Council President Anna Lopez Brosche

Council Member John Crescimbeni

 

Presentation:

Jim Tidwell – Update on Refund of Hurricane Irma-related Roofing and Electrical Permits

Mr. Tidwell, Building Inspections Manager, reported that 3,562 refund requests have been processed – 3,494 for roofing and 68 for electrical permits with a total refund value of $524,950. 800 hours of staff time have been dedicated to processing applications, of which 217 are overtime hours. Applications are still being received and there is an 8-10 week processing period from receipt of applications to issuance of checks because of the volume of the requests.

 

Council Auditor Kyle Billy to discuss Reports:

#810: Quarterly Summary for the Six Months Ended March 31, 2018

Mr. Billy reviewed the Quarterly Financial Summary, reporting that after 6 months the budget projects to a favorable revenue balance of $437,456 and a favorable expenditure balance of $8,858,676. The largest revenue variances are a positive $1,573,368 in ad valorem taxes and positive $994,113 in utility service tax, and a negative $3,212,201 in state shared revenues (e.g. state sales tax, cigarette tax). The largest expenditure variances were positive $1,737,192 in the Fire and Rescue Department and positive $6,140,534 in the Sheriff’s Office, and negative $2,543,828 in the Citywide Activities line item (salary lapse excluding Sheriff’s Office). Mr. Billy also briefly addressed the status of Hurricane Matthew and Hurricane Irma reimbursements from FEMA. $26 million has been received from FEMA for Matthew expenses with another $8.5 million expected. The City’s responsibility for Matthew is projected at $5.77 million and the Council appropriated $7 million in the current budget for that purpose. No funds have been received yet for Hurricane Irma expenditures; the City’s projected responsibility is $10.3 million. Mr. Billy answered questions regarding the sources of the positive and negative variances. Budget Officer Angela Moyer clarified that the City’s state-shared sales tax revenue is coming in under budget, but the local option sales tax revenue is coming in over budget.

 

#728B: Jacksonville Economic Development Commission Incentives Audit Follow-up

Mr. Billy reported that 7 of the 8 original issues were completed at the time of the first follow-up report and the final outstanding issue has been resolved in this second follow-up with a change in contract language.

 

 

 

 

Item/File No.

Title/History

 

 

1.  2016-676

ORD-MC re Prohibition of Apv, Grant, or Issuance of Certain Licenses, Permits, Certificates or Zoning Actions to Persons with Unpaid Civil Penalties or Current Violations of the Ord Code; Amend Chapt 307 (Historic Preservation & Protection), Sec 307.111 (Enforcemt; Civil Remedies); & Chapt 320 (Gen Provisions), Sec 320.402 (Appl for Permit) & Chapt 518 (Jax Propty Safety & Mgmt Code), Sec 518.103 (Applicability); & Chapt 609 (Code Enforcemt Citations), adding Sec 609.110 (Prohibition of Admin Action); & Chapt 650 Comp Plan for Future Dev), Sec 650.402 (Initiation of Proposal); & Chapt 654 (Code of Subdiv Regs), Sec 654.105 (Applicability); & Chapt 656 (Zoning Code), Sec 656.109 (Admin & Enforcemt; Interpretation of Zoning Code; Admin Deviations) & Sec 656.111 (Violations & Penalties); & Chapt 780 (Propty Tax), Part 3 (Tax Exemption for Rehab & Proptys in Historic Dists), Sec 780.305 (Application). (Grandin) (Introduced by VP Crescimbeni)

LUZ PH Pursuant to Sec 656.123, Ord Code - 11/15/16, 12/6/16, 1/4/17,1/18/17, 2/7/17, 2/22/17, 3/7/17, 3/21/17, 4/4/17, 4/18/17, 5/2/17, 5/16/17, 6/6/17, 6/20/17, 7/18/17, 8/1/17, 8/15/17, 9/6/17, 9/19/17, 10/3/17, 10/17/17, 11/7/17, 11/21/17, 12/5/17, 1/4/18, 1/17/18, 2/6/18, 2/21/18, 3/6/18, 3/20/18, 4/3/18, 4/17/18, 5/1/18, 5/15/18, 6/5/18

Public Hearing Pursuant to Chapt 166.041(3)(c)(2), F.S. & CR 3.601 -  11/22/16

 

1. 10/11/2016 CO  Introduced: NCIS,PHS,LUZ,F (NCSPHS 7/1/17)

 

    10/17/2016 NCSPHS Read 2nd & Rerefer

 

    10/18/2016 PHS Read 2nd & Rerefer

    10/18/2016 LUZ Read 2nd & Rerefer;

 

    10/19/2016 F Read 2nd & Rerefer

 

2. 10/25/2016 CO Read 2nd & Rereferred; NCIS, PHS, LUZ, F

 

3. 11/22/2016 CO PH Only

 

 

 

Bill Summary          NCSPHS: Defer

 

DEFER At request of CM Crescimbeni

 

 

 

 

 

 

 

 

 

 
 
2.  2017-433

ORD Auth Grant of Easemt with Southbank Apartment Ventures, LLC (Grantor) for Easemts on the Southbank to the City to Expand Existing Riverwalk from 8' to 20' & Provide a Pedestrian Pathway Connecting the Riverwalk to Prudential Dr; Designate Oversight by Parks, Rec & Community Svcs Dept; Request 1-Cycle Emerg Apv. (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 6/27/17

 

1. 6/13/2017 CO  Introduced: NCIS,R,F (NCSPHS 7/1/17)

 

    6/19/2017 NCSPHS Emerg/Amend/Approve 6-0

 

    6/20/2017 R Emerg/Amend/Approve 7-0

 

    6/21/2017 F Emerg/Amend/Approve 5-0

 

2. 6/27/2017 CO PH/Rerefer; NCIS, R, F

 

 

Bill Summary          Fact Sheet          NCSPHS: Defer

 

DEFER at the request of DIA

 

 

 

 

 

 

 

 

 

 

 
 
3.  2017-632

ORD-MC Amend Part 4 (Resource Recovery Prog), Chapt 380 (Solid Waste Mgmt), Ord Code, to Update Dept Name & Amend References to Host Fees to be Consistent with new Part 7; Create New Part 7 (Constrn & Demo Debris Collection & Transp Franchises); Amend Part 6 (Nonresidential Solid Waste Collection & Transp Franchises) re Franchise Fees to make Part 6 Intent & Definitions consistent with new Part 7; Amend Sec 609.109 (Applicable Chapter & Parts), Chapt 609 (Code Enforcemt Citations), to Revise Violations of Chapt 380 to Class F Offenses. (Johnston) (Introduced by CM Gulliford, Brosche, Crescimbeni, Love, Becton, Schellenberg & Wilson)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 9/26/17

 

1. 9/18/2017 CO  Introduced: TEU,F,R

 

    9/20/2017 TEU Read 2nd & Rerefer

 

    9/21/2017 R Read 2nd & Rerefer;    9/21/2017 F Read 2nd & Rerefer

 

2. 9/26/2017 CO PH Read 2nd & Rereferred; TEU, F, R

 

 

Bill Summary          TEU: Defer

 

DEFER at the request of CM Gulliford

 

 

4.  2017-851

ORD Apv the 2018 Affordable Housing Inventory List; Auth Exceptions to Sec 122.463(a), Ord Code, for Removal of 535 Basswood St from the List; Designate said Parcel as Surplus & Auth Conveyance at No Cost to 2nd Mile Ministries, Inc. (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 1/9/18

 

1. 12/12/2017 CO  Introduced: NCSPHS,F

 

    1/2/2018 NCSPHS Read 2nd & Rerefer

 

    1/4/2018 F Read 2nd & Rerefer

 

2. 1/9/2018 CO PH Read 2nd & Rereferred; NCSPHS, F

 

 

Bill Summary          Fact Sheet          NCSPHS: Withdraw

 

WITHDRAW 7-0

 

 

5.  2018-76

ORD-MC Amend Sec 21.07 (Fiscal & Budgetary Functions), Article 21 (JEA), City Charter, to create New Subsec M to Provide & Maintain Water & Sewer Lines in certain Pre-Consolidated Urban Areas. (Sidman) (Introduced by CM's R. Brown, K. Brown, Newby, R. Gaffney & Dennis) (Co-Sponsored by CM Hazouri)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 2/27/18

Public Hearing Pursuant to Sec 21.11, City Charter & CR 3.601 -3/27/18

 

1. 2/13/2018 CO  Introduced: TEU,F

 

    2/20/2018 TEU Read 2nd & Rerefer

 

    2/21/2018 F Read 2nd & Rerefer

 

2. 2/27/2018 CO PH Addnl 3/27/18/ Read 2nd & Rerefer TEU,F

 

3. 3/27/2018 CO PH Only

 

 

Bill Summary          TEU: Defer

 

DEFER at the request of CM R. Brown

 

 

6.  2018-101

RESO Resolving that any Proceeds from Sale of JEA shall be Deposited into a Restricted Rsv Acct, which will require an Appropriation Apvd by 2/3 of All Council Members. (Sidman) (Introduced by CM Schellenberg)

 

1. 2/13/2018 CO  Introduced: F,R

 

    2/21/2018 R Read 2nd & Rerefer;    2/21/2018 F Read 2nd & Rerefer

 

2. 2/27/2018 CO Read 2nd & Rereferred; F,R

 

 

Bill Summary

 

WITHDRAW 7-0

 

 

7.  2018-142

ORD-MC Amend Sec 21.04 (Powers), Article 21 (JEA), City Charter, to Provide that any Apv by Council to sell 10% or more of JEA must include the Call for a Subsequent Referendum to Apv Terms & Conditions of Sale. (Durden) (Introduced by CM Crescimbeni & Dennis)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 3/13/18

Public Hearing Pursuant to Sec 21.11, City Charter & CR 3.601 - 4/10/18

 

1. 2/27/2018 CO  Introduced: TEU,F,R

 

    3/5/2018 TEU Read 2nd & Rerefer

 

    3/6/2018 R Read 2nd & Rerefer;    3/6/2018 F Read 2nd & Rerefer

 

2. 3/13/2018 CO PH Read 2nd & Rereferred; TEU, F, R

 

    4/10/2018 CO PH Only

 

 

Bill Summary          TEU: Defer

 

DEFER due to Straw Ballot Question on November 6th General Election Ballot

At request of Council Member Crescimbeni

 

 

8.  2018-190

ORD Approp $37,398.25 from Tree Protection & Related Expenses Trust Fund to include $18,260.20 from Charter Subfund 15N for Site Prep & Planting of 44 Longleaf Pine & 26 Southern Red Cedar, & 19,138.05 from (Ord Fund - 15F) for Site Prep & Planting of 45 Crape Myrtle "Muskogee" to Sites 1, 2, & 3 on Beach Blvd Svc Rd btwn Patton Rd & Beach Blvd for proj known as "Patton Rd & Beach Blvd Tree Planting"; Utilizing Continuing Contract of Davey Tree Svc; Designate Oversight by Public Works Dept. (Dist 4-Wilson) (Grandin) (Introduced by CM Wilson)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 4/10/18

 

1. 3/27/2018 CO  Introduced: TEU,F

 

    4/2/2018 TEU Read 2nd & Rerefer

 

    4/3/2018 F Read 2nd & Rerefer

 

2. 4/10/2018 CO PH Read 2nd & Rereferred; TEU, F

 

 

Bill Summary          TEU: Defer

 

DEFER at the request of CM Wilson

 

 

9.  2018-229

ORD Declaring parcels 012478-0000 & 012478-0100, 7439 and 7443 Wilson Blvd to be surplus to the needs of the city; Disposition of the subject parcels by direct sale to Selah Celaj, Irsada Celaj, and Mirsad Celej for $600,000; Waiver of Sec 122.424 (Appraisal/Assessed Value over $25,000, Chapt 122 (Public Propty), Ord Code; allowing for sale of real propty at below appraised values; Waiver of Sec 122.106 (Public Hearing required for closing or changes of use of fire stations or libraries), Ord Code. (Dist 10-R. Brown) (Sidman) (Introduced by CM R. Brown)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 4/24/18

 

1. 4/10/2018 CO  Introduced: NCSPHS,F

 

    4/16/2018 NCSPHS Read 2nd & Rerefer                                                  CM R. Brown

 

    4/17/2018 F Read 2nd & Rerefer

 

2. 4/24/2018 CO PH Read 2nd & Rereferred; NCSPHS, F

 

    4/30/2018 NCSPHS Amend/Approve 7-0

 

Bill Summary

 

Deputy General Counsel Lawsikia Hodges explained that a meeting had been held among the potential buyer, Planning Department, Office of General Counsel, council members and others about this project and a decision was made to extend the due diligence period. The applicant cannot apply for rezoning of the property until 2019 due to state limitations on the amount of acreage that can be proposed for Comprehensive Plan small scale amendments in a year. Agreement was reached on the substitute under consideration today. In response to a question from Chairman Dennis, Ms. Hodges said that the buyer is required to make an $18,000 earnest money deposit as soon as this bill is approved, which is refundable within the due diligence period.

 

 

SUBSTITUTE/APPROVE 7-0

·         List Sabrina Property, LLC as the purchasing entity of the City property throughout the bill

·         Pg. 2, line 10 strike “of” after “declares”

·         Remove references to Section 112.430 in Section 2 of the bill

·         Attach Revised Exhibit 1 to correct legal description

·         Attach Revised Exhibit 4

-          To list Sabrina Property, LLC as the buyers in the Agreement for Sale and Purchase and as the borrowers in the Promissory Note

-          Remove “quitclaim” in the Agreement for Sale and Purchase

-          Include default provisions listed in the Promissory Note in the Agreement for Sale and Purchase

-          Broaden closing documents to include “any and all closing documents required by OGC” in the Agreement for Sale and Purchase

-          Allow for the due diligence period to include necessary zoning approvals in the Agreement for Sale and Purchase (due diligence period to end the earlier of one year from the effective date or date that zoning is approved)

-          Remove default language regarding necessary zoning in the Promissory Note

-          Include revised legal description for both the Agreement for Sale and Purchase and Promissory Note

 

 

 

 

10.  2018-234

ORD Auth Corp Sec to Transfer Propty at 1011 Powhattan St. to Inell Reid in Exchange for her Conveyance to City of Propty at 601 James St. and to take all actions to accomplish exchange of two parcels of real propty.  Oversight by Housing and Community Dev Div.  (District 9) (Johnston) (Introduced by CM Dennis)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 4/24/18

 

1. 4/10/2018 CO  Introduced: NCSPHS,F

 

    4/16/2018 NCSPHS Read 2nd & Rerefer

 

    4/17/2018 F Read 2nd & Rerefer

 

2. 4/24/2018 CO PH Read 2nd & Rereferred; NCSPHS, F

 

 

Bill Summary          NCSPHS: Defer

 

DEFER at the request of CM Dennis

 

 

11.  2018-238

ORD Auth the Community Aesthetic Feature Agreemt with FDOT for Design, Installation & Maint of a Mosaic Art Proj on the S-Line Urban Trail under the I-95 Overpass of W 13th St.; Maint Agreemt with Groundwork Jax for payment of the costs of the Mosaic Proj, Maint and Cleaning of the Mosaic Proj Semi-Annually, and for Groundwork Jax to set aside funds in the amt of $2,250 for 10% of the proj cost for future maintenance costs.  Designate Oversight by Dept of Pks, Rec & Comm Svcs. (Johnston) (Introduced by CM R. Gaffney) (Co-sponsored by C/M Bowman)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 4/24/18

 

1. 4/10/2018 CO  Introduced: NCSPHS,F,R

 

    4/16/2018 NCSPHS Read 2nd & Rerefer

 

    4/17/2018 R Read 2nd & Rerefer;    4/17/2018 F Read 2nd & Rerefer

 

2. 4/24/2018 CO PH Read 2nd & Rereferred; NCSPHS, F, R

 

 

Bill Summary          NCSPHS: Defer

 

DEFER at the request of Groundwork Jacksonville

 

 

12.  2018-242

RESO regarding JEA; Recognizing the unique quality of owning an Electric and Water Authority; Encouraging Mayor and JEA to proceed with Review and Study of Sale of JEA; if determined by Mayor and JEA to be in best interests of the City, to present to Council a Proposal for sale of JEA. (Durden) (Introduced by CM Schellenberg)

 

1. 4/10/2018 CO  Introduced: NCSPHS,TEU,F,R

 

    4/16/2018 TEU Read 2nd & Rerefer;    4/16/2018 NCSPHS Read 2nd & Rerefer

 

    4/17/2018 R Read 2nd & Rerefer;    4/17/2018 F Read 2nd & Rerefer

 

2. 4/24/2018 CO Read 2nd & Rereferred; NCSPHS, TEU, F, R

 

 

Bill Summary          NCSPHS: Withdraw        TEU: Withdraw

 

WITHDRAW 7-0

 

 

13.  2018-248

RESO Expressing City Council's Opposition to the Sale of JEA at this time. (Sidman) (Introduced by CM's Love, Gaffney & Morgan)

 

1. 4/10/2018 CO  Introduced: NCSPHS,TEU,F,R

 

    4/16/2018 TEU Read 2nd & Rerefer;    4/16/2018 NCSPHS Read 2nd & Rerefer

 

    4/17/2018 R Read 2nd & Rerefer;    4/17/2018 F Read 2nd & Rerefer

 

2. 4/24/2018 CO Read 2nd & Rereferred; NCSPHS, TEU, F, R

 

 

Bill Summary          NCSPHS: Withdraw       TEU: Withdraw

 

WITHDRAW 6-1 (Dennis opposed)

 

 

14.  2018-270

ORD-MC Amend Chapt 126.102 (Definitions), Ord Code to add a definition for Division to be Procurement Div.; Amend Chapt. 126 (Procurement Code), Part 3 (Professional Svcs Contracts), Ord Code; to place selected vendors for Legal Svcs, Bond Counsel & Supplemental Outside Svcs on PSEC agenda for informational purposes; Create new Sec 126.317 (Independent Audit), Part 3 (Professional Svcs Contracts), Chapt 126 (Procurement Code), Ord Code, to place the Selected City Council Independent Auditor. (Sidman) (Introduced by Council President Brosche)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 5/8/18

 

1. 4/24/2018 CO  Introduced: F,R                                                                     CP Brosche  

 

    5/1/2018 R Read 2nd & Rerefer;    5/1/2018 F Read 2nd & Rerefer

 

2. 5/8/2018 CO PH Read 2nd & Rereferred; F, R

 

Bill Summary         

 

In response to a question from Council Member Boyer, Kim Taylor said that the marked agenda reflects the changes suggested at the noticed council member meeting held last week. Peggy Sidman distributed the latest draft of the substitute prepared over the weekend for discussion. Council President Brosche asked for clarification of language relating to notification requirements for time sensitive bond issuance and cash management issues. Stephen Durden of the General Counsel’s Office said that the concept of “time sensitive” is difficult to define. CFO Mike Weinstein said that the administration agrees to notify the Council and Procurement within 1 business day of all RFPs issued and does not see any need for a specific exception for time sensitive matters.

 

SUBSTITUTE/APPROVE 7-0

- Allows certain identified services to be procured on an expedited basis

- Requires notification of selection of expedited process vendors to be forwarded to Procurement within 1 business day of selection for transparency and informational purposes

- Clarifies notice, advertisement, and receipt of responses for non-expedited professional services will be performed by the Procurement Division

 

-          Requires public notice or advertisement as well as receipt of responses of the procurement of certain professional services to be forwarded to the Procurement Division with one business day of occurrence

-          Any award of such professional services shall be made known to the Chief of Procurement within one business day for inclusion on next PSEC agenda for informational purposes

-          Allows advanced notification requirement to not apply to time-sensitive solicitations for financial related services as determined by the Director of Finance

 

 

 

15.  2018-283

ORD Approp $ 385,606 from Spec Council Contingency Designated for JSO ($300,000 to Fleet Vehicle Replacement Subfund to purchase JSO Patrol Vehicles & $85, 606 to Capital Proj.  Subfund for Countywide Parks & Rec Projs); Amend Ord 2017-505-E(CIP) to provide addnl funding for Countywide Parks & Rec Projs. (Johnston) (Introduced by CM Boyer)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 5/22/18

 

1. 5/8/2018 CO  Introduced: NCSPHS,F

 

    5/14/2018 NCSPHS Read 2nd & Rerefer                                                         CM Boyer

 

    5/15/2018 F Read 2nd & Rerefer

 

2. 5/22/2018 CO PH Read 2nd & Rereferred; NCSPHS, F

 

 

Bill Summary          NCSPHS: Defer

 

DEFER

 

 

16.  2018-291

ORD Auth Lease Agreemt btwn DIA (Landlord) & N. FL. Land Trust, Inc. (Tenant) for 5 Yrs. with 2 5-Yr Renewal Options for City Owned Property at 843 W. Monroe St.,  $5,925/Mo rent with rent abatemt to tenant up to $350,000 during 1st 5yr term for tenant improvmts  made to propty,  plus Sales tax & Charges for any Utilities Furnished;  Designate Oversight by DIA.  (Sawyer) (Introduced by DIA)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601- 5/22/18

 

1. 5/8/2018 CO  Introduced: F,NCSPHS

 

    5/14/2018 NCSPHS Read 2nd & Rerefer

 

    5/15/2018 F Read 2nd & Rerefer

 

2. 5/22/2018 CO PH Read 2nd & Rereferred; F, NCSPHS

 

 

Bill Summary          Fact Sheet          NCSPHS: Defer

 

DEFER at the request of the Council Auditor’s Office

 

 

 

17.  2018-293

 

 

 

ORD Approp $84,951.07 from Investmt Pool Earnings from 2014 Auth Capital Projs Subfund to PW; provide funding for installation of Water line in R/W on Citra Ave., Designate Oversight by Public Works. (Dist 10-R. Brown) (Sidman) (Introduced by CM R. Brown)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601- 5/22/18

 

1. 5/8/2018 CO  Introduced: NCSPHS,TEU,F                                                                         

 

    5/14/2018 TEU Read 2nd & Rerefer;    5/14/2018 NCSPHS Read 2nd & Rerefer

 

    5/15/2018 F Read 2nd & Rerefer                                                               CM R. Brown

 

2. 5/22/2018 CO PH Read 2nd & Rereferred; NCSPHS, TEU, F

 

 

Bill Summary          NCSPHS: Amend/App          TEU: Amend/App

 

Council Member Dennis asked to be added as a co-sponsor. In response to a question from Council Member Becton, City Engineer Bill Joyce said that the project is a small water line extension not in conjunction with a larger listed CIP project. Deputy General Counsel Peggy Sidman described the funding source. In response to a question from Council Member Schellenberg about the potential for sewer installation, Assistant Council Auditor Kim Taylor said that Council Member Brown had not identified a funding source for that work. Nancy Kilgo of JEA said that the utility has been working with Council Member Brown on several water line installations, but did not know how Mr. Brown had identified this particular street for the investment of public funds. She said that the cost of a typical water installation is $6,000-7,000 per unit, while sewer installation typically costs $15,000-20,000 per unit. Chairman Dennis requested that Public Works staff survey the residents on that street to ensure that they are aware of the proposal and to find out if their wells are failing. Council Member Schellenberg requested information on the number of parcels served by wells versus public water in a one mile radius around this project site.

 

AMEND/APPROVE 6-1 (Schellenberg)

Attach Revised Exhibit 1 to correct BT

 

 

18.  2018-294

ORD Approp $ 2,580,000 in Stormwater Rsvs from DeAppropiated Projs & the Unused Portion of  Funds Paid to JEA, returned by JEA, for Septic Tank Phase Out - (Lateral Only Connection Prog to fund  9 New Stormwater Projs); Amend 2018-2022  5Yr (CIP), to Terminate Funding for said Proj "Septic Tank Phase Out".  (BT 18-040) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601- 5/22/18

 

1. 5/8/2018 CO  Introduced: NCSPHS,TEU,F

 

    5/14/2018 TEU Read 2nd & Rerefer;    5/14/2018 NCSPHS Read 2nd & Rerefer

 

    5/15/2018 F Read 2nd & Rerefer

 

2. 5/22/2018 CO PH Read 2nd & Rereferred; NCSPHS, TEU, F

 

 

Bill Summary          Fact Sheet          NCSPHS: Defer         TEU: Defer

 

DEFER at the request of the administration

 

 

19.  2018-297

ORD Approp $100,000 from Gen Fund/GSD/Spec Council Rsvs - Sheriff to the Flight Blight Awareness Campaign to raise Public Awareness & Community Education to focus on Litter, Community Pride, Outreach to Deter Littering (Teal) (Introduced by CM K. Brown) (Co-Sponsored by CM Morgan)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601- 5/22/18

 

1. 5/8/2018 CO  Introduced: NCSPHS,F

 

    5/14/2018 NCSPHS Read 2nd & Rerefer                                                CM K. Brown

 

    5/15/2018 F Read 2nd & Rerefer

 

2. 5/22/2018 CO PH Read 2nd & Rereferred; NCSPHS, F

 

 

Bill Summary          NCSPHS: Defer

 

DEFER

 

 

20.  2018-298

ORD Approp $ 300,000 from Downtown Economic Dev Fund to fund  UNF Downtown Campus; Auth DIA to Execute & Deliver Loan Agreemt btwn UNF & DIA; Designate Oversight by DIA ( BT 18-070) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601- 5/22/18

 

1. 5/8/2018 CO  Introduced: NCSPHS,F

 

    5/14/2018 NCSPHS Read 2nd & Rerefer

 

    5/15/2018 F Read 2nd & Rerefer

 

2. 5/22/2018 CO PH Read 2nd & Rereferred; NCSPHS, F

 

 

Bill Summary          Fact Sheet          NCSPHS: Defer

 

DEFER at the request of the DIA

 

 

21.  2018-301

ORD Amend Exhibit 2 to Ord 2017-504-E to Correct Exh 2 & List Addnl Jala Mission-Related Activities for Funds Awarded JALA. (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601- 5/22/18

 

1. 5/8/2018 CO  Introduced: NCSPHS,F

    5/14/2018 NCSPHS Read 2nd & Rerefer                                               Damian Cook

 

    5/15/2018 F Read 2nd & Rerefer

 

2. 5/22/2018 CO PH Read 2nd & Rereferred; NCSPHS, F

 

 

Bill Summary          Fact Sheet          NCSPHS: Approve

 

Grants Administrator Damian Cook explained a discrepancy between the Council’s FY17-18 budget appropriation specifically for a veteran’s help line and JALA’s broader discretion to use its Article 5 funding for wider purposes. The veteran’s help line is currently operated by the Tampa Bay area legal aid society, so using the funds for that purpose would entail spending City dollars in the Tampa area, which did not appear to be the Council’s intent.

 

APPROVE 6-0

 

 

22.  2018-305

 

 

 

ORD Approp $ 2,746,075 from Contingency Rsv (Estab in Ord 2017-504-E) to 1) Provide 25% Funds for Ext or Renewal of Afterschool Special Needs & Full Svc School Programs for FY 18-19 (7/1/18-6/30/19),  2) Provide Matching Funds for 21st Century Learning Comm Grant to Operate 2 AfterSchool & Summer Programs for FY 18-19 School Yr,  3) Provide Funds to Allow KHA to Continue Participation in Vital State Wide FL Children's Council & FL Afterschool Network,  4) Restore Salaries & Benefits, Approp in Ord 2018-78-E ; Invoking Exemption of Sec 126.107(G), Part 1,Chapter 126, Ord Code; Waiving Req of Sec 77.111 (A).  (BT 18-072)  (McCain) (Req of Mayor)

 Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601- 5/22/18

 

1. 5/8/2018 CO  Introduced: NCSPHS,F

 

    5/14/2018 NCSPHS Read 2nd & Rerefer                 Cynthia Nixon/Colin Murphy

 

    5/15/2018 F Read 2nd & Rerefer

 

2. 5/22/2018 CO PH Read 2nd & Rereferred; NCSPHS, F

 

Bill Summary          Fact Sheet          NCSPHS: Sub/App

 

A representative of the Kids Hope Alliance explained that this appropriation is the third phase of bringing KHA funding “above the line” in the budget. This allocation is for programs for the first quarter of the 2018-19 school year.

 

SUBSTITUTE/APPROVE 7-0

-          Attaches a revised Exhibit 1 to include $20,000 for summer camp programming on the BT (does not change total appropriation amount of $2,746,075)

-          Attaches a revised Exhibit 2 to include Board Action Items for all actions in the bill

-          Attaches a revised Exhibit 3 to add listing of Full Service Schools programs,  include an additional summer camp program for Jacksonville Arts and Music School (JAMS), and add a line item for $127,922 in unallocated funding to be allocated by KHA in the future

-          Attaches a new Exhibit 4 to revise FY 17/18 Budget Ordinance Schedule M to show revised funding by agency and program based on savings from reduced units of service and contracts reduced or not executed

-          Adds language in bill authorizing KHA to execute contracts for the unallocated funding amount of $127,922

-          Adds language in bill clarifying that the third revised Budget Ordinance Schedule M will make available an additional $1,123,393 for afterschool programs for the first quarter of the 2018-2019 school year

-          Adds language clarifying the terms of the contracts

 

 

 

23.  2018-307

ORD Approp $26,435.84 from the Tree Protection & Related Expenses Trust Fund (Ord Fund - 15F) for site prep & planting of 35 Chinese Elms & 33 Waxleaf Ligustrums in R/W's on Lenox Ave btwn Verna Blvd & Cassatt Ave; Utilizing Current Contract with Davey Tree Svc; Designate Public Works to Oversee Proj.  (Sidman) (Introduced by CM Dennis)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601- 5/22/18

 

1. 5/8/2018 CO  Introduced: TEU,F

 

    5/14/2018 TEU Read 2nd & Rerefer                                                            CM Dennis

    5/15/2018 F Read 2nd & Rerefer

 

2. 5/22/2018 CO PH Read 2nd & Rereferred; TEU, F

 

 

Bill Summary          TEU: Approve

 

APPROVE 7-0

 

 

24.  2018-309

ORD Auth 1st Amend to Lease Agreemt with Grace Aerospace, LLC (Tenant) for addnl Space within Bldg 905 Located at 13541 Lake Newman St in Cecil Commerce Ctr; Inclusive of 12,584 Sq Ft of Industrial Space at Initial Rate of $6,480.76/Mo & 3,276 Sq Ft of Storage Space at Base Rate of $682.50/Mo; Designate Oversight by OED (Sawyer) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 5/22/18

 

1. 5/8/2018 CO  Introduced: NCSPHS,F

 

    5/14/2018 NCSPHS Read 2nd & Rerefer                   Kirk Wendland

 

    5/15/2018 F Read 2nd & Rerefer

 

2. 5/22/2018 CO PH Read 2nd & Rereferred; NCSPHS, F

 

 

Bill Summary          Fact Sheet          NCSPHS: Approve

 

APPROVE 7-0

 

 

25.  2018-311

ORD Apv Conveyance of Approx 6.72 Acres of  Propty, located on Ocean St in Mayport for benefit of City subj to Certain Agreemt  terms; (1) MOU btwn City & JaxPort (2) Propty Transfer & Revenue Sharing Agreemt,  (3) Any & All Documents  Necessary to Consummate the Transaction Contemplated in Ord; Designated Oversight by Real Estate Div of Dept of PWD. (Hodges) (Introduced by CM Gulliford)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601- 5/22/18

 

1. 5/8/2018 CO  Introduced: TEU,F

 

    5/14/2018 TEU Read 2nd & Rerefer                                                                CM Gulliford

 

    5/15/2018 F Read 2nd & Rerefer

 

2. 5/22/2018 CO PH Read 2nd & Rereferred; TEU, F

 

 

Bill Summary          TEU: Approve

 

Council Member Gulliford read into the record the provision regarding the split of property sale proceeds between the City and JPA. He noted that there will be a noticed meeting this afternoon at 2:00 p.m. to discuss potential uses of the property. He has been discussing with Dr. Quinton White, Director of the Marine Science Research Institute at Jacksonville University, the possibility of JU docking its Ocearch research vessel at the new docks and having a MSRI presence in Mayport. He acknowledged that the City is responsible for any future environmental issues at the site.

 

APPROVE 7-0

 

 

26.  2018-312

ORD Approp $98,419 from Handicapped Parking Fines to Provide Funds for Required ADA Renovations to the Sexual Assault Forensic Exam (S.A.F.E.) Ctr.

(BT 18-071) ( McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601- 5/22/18

 

1. 5/8/2018 CO  Introduced: NCSPHS,TEU,F

 

    5/14/2018 TEU Read 2nd & Rerefer;    5/14/2018 NCSPHS Read 2nd & Rerefer

 

    5/15/2018 F Read 2nd & Rerefer                                                              Daryl Joseph

 

2. 5/22/2018 CO PH Read 2nd & Rereferred; NCSPHS, TEU, F

 

 

Bill Summary          Fact Sheet          NCSPHS: Amend/App      TEU: Amend/App

 

AMEND/APPROVE 7-0

1. Clarify funding is being appropriated to the Women’s Center

2. Correct account and clarify funding source and purpose in explanation of appropriation section

3. Include address of SAFE Center

4. Pg. 1, line 28: capitalize name of SAFE Center

5. Attach scope of work for renovations as Exhibit 2

6. Add language that the reimbursement will be limited to the project scope attached as Exhibit 2

7. Add language authorizing an amendment to the existing agreement with the Women’s Center pursuant to Ch. 126

 

 

27.  2018-313

ORD making certain findings and authorizing the mayor, or his designee, to execute: (1) A Redevelopmt Agreemt among the City of Jacksonville, Downtown Investment Authority ("DIA"), Elements Dev of Jacksonville, LLC and A to be created Community Development District ("CDD"), which Redevelopmt Agreemt provides for the design, construction, ownership, use, management, operations, costs, and financing of the Southside Community Redevelopmt Area ("CRA") infrastructure improvmts to be owned by the city, in conjunction with a CDD infrastructure improvements proj to be undertaken by the CDD to support the vertical developmt on the propty known generally as the JEA Southside Generation parcel that developer intends to purchase; (2) an Interlocal Agreemt btwn the DIA and the CDD to govern the respective obligations of the CDD and DIA in connection with the CRA infrastructure improvemts; (3) A CRA Infrastructure Improvemts Cost Disbursemt Agreement, governing disbursemts from the DIA to the CDD for the design and construction of  the CRA infrastructure improvements on behalf of the City; and (4) Related Agreemts as described in the Redevelopment Agreement; authorizing a recapture enhanced value (rev) grant not to exceed $56,025,000 in connection with the CDD infrastructure improvements project; authorizing the borrowing and appropriation of up to $23,000,000.00 in funding from the city's commercial paper facility in order to provide funding for the CRA infrastructure improvemts proj; Providing for City Oversight of the proj by Public Works and the CEO of the DIA; auth the execution of all documents relating to the above agreemts and transactions, and authorizing technical changes to the documents; waiver of that portion of the public investment policy adopted by Ordinance 2016-382-E, which requires that in order for the CDD to receive a Rev Grant, it must be in a targeted industry category, must create at least 10 new full-time jobs, and that the wages therefore must be greater than or equal to 100% of the State of FL average wage. (Sawyer) (Introduced By CM Boyer)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601- 5/22/18

 

1. 5/8/2018 CO  Introduced: NCSPHS,F

 

    5/14/2018 NCSPHS Read 2nd & Rerefer                        CM Boyer/Aundra Wallace

 

    5/15/2018 F Read 2nd & Rerefer

 

2. 5/22/2018 CO PH Read 2nd & Rereferred; NCSPHS, F

 

 

Bill Summary          NCSPHS: Amend/App

 

Council Member Boyer offered amendments to the amended version of the bill approved by NCSPHS at yesterday’s meeting to address several issues that generated considerable discussion. Minimum 100 public parking spaces to be constructed and paid for by the CDD which shall not be included in the CRA budget; must be clearly signed as available to the public at least from dawn to dusk when the public parks are open. City or DIA shall enforce parking during the normal business day. If the on-street parking is not completed at the time the public park and Riverwalk extension open, the developer will provide temporary public parking facilities. Council Member Anderson asked for clarification that the public parking is for the benefit of persons using the public park and Riverwalk. Ms. Boyer agreed that that is the intention of the language, but there is no practical way to guarantee that the users of the spaces don’t utilize a business, shop or restaurant. Council Member Schellenberg advocated for free parking for the public assets. Ms. Boyer said that the other major amendment relates to the exhibits to the agreement and discussed the clarifications and added specificity being added.

 

Boyer amendment: adds language regarding public parking; additional language describing the contents of the attachments; and clarification that language is consistent from  the ordinance to the associated agreements – approved 7-0

 

Auditor’s marked amendments – approved 7-0

 

Council President Brosche questioned how well the Southbank CRA has met the goals set forth at the time of its establishment, what goals remain unmet, and when the CRA might be declared successful and be sunset. Council Member Boyer said that the Southbank along the riverfront has long been recognized as a catalyst site for large scale downtown redevelopment that has the potential to generate substantial ad valorem tax revenue and trigger even more development within the CRA. She noted that the City receives 10% of the new tax revenue generated on the site before the CRA gets 90% of the increment.

 

President Brosche posed several questions to Downtown Investment Authority Executive Director Aundra Wallace about the DIA’s decision on the amount of the public investment the project merited. Mr. Wallace explained the rationale for the DIA and Southbank CRA investing in public assets (park, Riverwalk, trails), which does not require an in-depth analysis of the developer’s plans for financing their vertical development since they are separate developments. The developer will have to make his financial case to the bond purchasers after the Community Development District is created. Ms. Brosche asked Mr. Wallace to request financial pro forma data from the developer for the Council to review by next week. In response to another question from Ms. Brosche, Mr. Wallace explained how the Broad River Apartments managed to build its project without any City assistance, which related to the height of the project allowing less expensive wood frame construction rather than steel and concrete and its riverfront location promising premium rental rates. He noted that “apples to apples” comparisons between projects is difficult because of the continuous changes in economic conditions, the cost of building supplies, labor rates, rents, etc.

 

In response to a question from Council Member Schellenberg about why the City is subsidizing the developer’s interest rate, Mr. Wallace said that the DIA is not really subsidizing the interest rate – it’s loaning City funds to the developer from available resources and getting 2.66% interest on the loan that will construct a City resource. The interest rate on the bonds is purely between the developer and the bond purchasers. John Sawyer addressed the developer’s and community development district’s liability for potential future environmental liability. He said that to the extent possible, the City has contracted away its liability to other parties but could potentially be liable if the other parties become defunct or lack resources to meet their obligations. He explained that changes of ownership in the future are subject to City approval, which will be granted administratively without further Council involvement.

 

Chairman Dennis said that he supports this project but advocated for borrowing equal amounts for infrastructure in economically distressed areas of the city. He distributed an amendment that he will propose at the Council meeting next Tuesday to require The District developer make a $500,000 contribution to the Northwest Jacksonville Economic Development Fund. Michael Munz, representing the developer, said that the developer is not supportive of the amendment at this late point in the negotiations of the deal which would require his client to take money out of his project to invest in another part of the city.

 

At the request of Council Member Morgan, Mr. Wallace gave an overview of the project’s 2 elements – a public space project (park and Riverwalk extension paid for by the Southbank CRA) and a private project involving the creation of a community development district with assessment power to incentivize a large multi-use residential, commercial, office and  hotel development. He noted that the JSEB participation goal is 20% of the project cost.

 

AMEND/APPROVE 6-1 (Schellenberg opposed)

1.     On the bill:

a.     Clarify the 4th Whereas Clause on page 4 concerning DIA’s maximum financial obligation for the construction of the CRA Infrastructure Improvements

b.     Reduce authorized borrowing to $19 Million to be loaned to the DIA for the CRA Infrastructure Improvements

c.     Page 4, line 1 correct $30,000,000 to $24,776,775 to update CDD Infrastructure estimated cost

d.     Add Section which allows for technical corrections to be made to all documents by the Office of General Counsel, with the concurrence of the Council Auditor’s Office

2.     Redevelopment Agreement:

a.     Correct Ordinance number in Section 1.3

b.     In Section 1.7 add “be” after “shall”

c.     In Section 2.6, clarify that Capital Investment will also include successors and assignees.

d.     In Section 3.2 include “third party appeals or litigation challenging governmental permits or approvals” as delays not caused by Developer or CDD

e.     In Section 5.2(d) change “City’s Acceptance Date” to “Closing”

f.      Correct formatting  in Section 5.2(d) for Release and Satisfaction of Mortgages and Liens

g.     In Section 5.2(f) correct references to Environmental Laws

h.     In Section 5.2(i) clarify the indemnification will survive Closing and “expiration or termination of the Agreement”

i.      In Section 5.2(j) clarify that for New Releases caused by negligence of the City, the City  will be responsible for any increased liability or financial costs incurred by the CDD or Developer

j.      In Section 5.3(a) clarify that failure of the CDD or Developer to perform any obligation under the BSRA shall not be deemed a violation of the City. The City will indemnify the CDD or Developer of any violations caused by the City’s negligence.

k.     In Section 5.3(b) the City and DIA agree to execute BSRA site access agreements

l.      Correct Exhibit reference in Section 5.4(e)(i) and clarify that the easement should be a perpetual easements

m.    In Section 6.2 include that the City can draw on the Performance Bonds if there is an Event of Default and the City will be completing the CRA Infrastructure Improvements

n.     In Section 7.2 clarify that if any Annual Installment of the REV Grant is more than the annual debt service on the CDD bonds the CDD shall apply 50% of the excess as partial payment of the outstanding Bond Principal and 50% of the excess to repayment of the principal balance of Supporting Advances and clarify that if there is a specific default 100% of any excess shall be applied as a partial payment of the outstanding Bond principal

o.     In Section 9.1 add in “during the continuance of such Event of Default” and change “Contribution” to “Funding Obligation”

p.     Correct section reference in Section 9.2

q.     Correct scriveners in Section 9.4

r.      In Section 10.9 clarify Indemnification language does not apply to Sections 5.2(j) and (k) and 5.3

s.     Reference CDD in Section 10.21(h)

t.      In Section 10.24 state that the Developer is to provide documentation that any assignee has the financial ability to meet the obligations and has adequate experience with mixed use developments

u.     Exhibit A – correct scriveners and strike “defined below”

v.     Exhibit C – update CDD Infrastructure estimated cost

w.    Exhibit E – clarify that it conveyance could be done by a Special Warranty deed and change CDD in parentheses to CRA

x.     Exhibit J – clarify that the assignment of the DCSB agreement is at the option of the City

y.     Exhibit K – attach revised exhibit to correct CDD Infrastructure Budget

 

3.     Interlocal Agreement:

a.     Change “The District” to “CDD” in preamble

b.     Clarify/add definitions in the Interlocal Agreement that are referenced in other agreements

c.     On page 4, in the second whereas clause, change “title” to “conveyance”

d.     Correct scriveners on page 4, in the third whereas clause

e.     On page 5, in the fourth whereas clause, change “Public Infrastructure Improvement” to “CRA Infrastructure Improvement”

f.      In Section 4.2 reference the Redevelopment Agreement

g.     In Section 4.7, change “District Engineer” to “CDD Engineer”, strike reference to specific name and remove the Council Auditor’s Office from receiving District Engineer Certifications

h.     In Section 4.9 change “District” to “CDD”

i.      In Section 9 reference Redevelopment Agreement

j.      In Section 19 add “be” after “shall”

k.     Exhibit A - attach revised exhibit to correct CDD Infrastructure Budget

4.     Disbursement Agreement:

a.     In Section 2.5 reference the Redevelopment Agreement in regards to Completion Date

b.     Add “of the Redevelopment Agreement” after reference to Section 3.2

c.     Correct section reference in Section 2.8

d.     In Section 3.6 change Roman numerals to numbers and correct section reference

e.     Correct scriveners error in Section 3.7.1

f.      In Section 3.10 remove reference to Section 1.7 and correct other section references

g.     In Section 3.14.1 strike parenthetical

h.     In Section 3.14.2 clarify that any extension is subject to the Redevelopment Agreement

i.      In Section 4.1 correct section reference

j.      Clarify in Section 5.2(e) that CDD shall be in compliance with its obligations under the Redevelopment Agreement as to Commencement and construction of the CDD Infrastructure Improvements and concurrently with the CRA Infrastructure Improvements

k.     In Section 5.3 (b) strike first clause

l.      Correct section references in Section 7.1

m.    In Section 7.3 change “will” to “with”

n.     In Section 7.24 replace “these” with “the”

o.     In Section 7.7(a) clarify that compliance with the City Ordinance Code is “otherwise generally in accordance with”

p.     In Section 7.10 delete sentence concerning the material amount for change orders

q.     In Section 7.19 change “DIA’s” to “City’s”

r.      Strike Section 9.1(j)

s.     Clarify in Section 9.2.2 that DIA’s remedy under an Event of Default is set forth in the Redevelopment Agreement

t.      Correct section references in Section 9.2.2(a)

u.     In Section 10.16 include “unless otherwise explicitly stated herein”

v.     Exhibit B – attach revised exhibit to correct CDD Infrastructure Budget

5.     Boyer: Adds language clarifying public parking provisions; adds additional language describing the general contents of the attachments; and clarifies that language is to be consistent from  the ordinance to the associated agreements

 

 

 

 

28.  2018-331

ORD Transferring $750,000 within SubFund 32E from Maxville Pk - Football Field and Concessions Bldg Proj to Cecil Field - Phase II Proj to fund Design/Engineering of Phase II of Cecil Field Master Plan. (Sidman) (Introduced by CM Carter)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 5/22/18

 

1. 5/8/2018 CO  Introduced: F, NCSPHS

 

    5/14/2018 NCSPHS Read 2nd & Rerefer                                                   CM Carter

 

    5/15/2018 F Read 2nd & Rerefer

 

2. 5/22/2018 CO PH Read 2nd & Rereferred; F, NCSPHS

 

 

Bill Summary          NCSPHS: Amend/App

 

Council Member Carter advocated for approval of the bill and explained the economic development aspects of youth sports that will utilize this facility. Mr. Carter answered questions from Council Member Schellenberg about

 

AMEND/APPROVE 7-0

Attach revised Exhibit 3 to correct beyond 5th year funding for Cecil Field Phase II project

 

 

 

 

29.  2018-338

 

 

 

RESO Auth Economic Dev Agreemt with Project Blaze supporting the Creation of the Company's Operations in Jax; Recommend Apv by Fla Dept of Economic Opportunity as a QTI Business pursuant to Secs 288.106-108, F.S.; Evidence City Local Financial Support of $90,000 under the QTI Tax Refund Prog with State Match of $360,000 for total of $ 450,000 for 150 jobs; Designate Oversight by Office of Economic Dev; Timeline for Execution of Agreemt by the Company; Affirming Proj's Compliance with Public Investmt Policy; Request 2-Reading Apv. (Sawyer) (Req of Mayor)

 

1. 5/22/2018 CO  Introduced: F                                                                    

 

 

Bill Summary          Fact Sheet

 

DEFER at the request of the administration

 

 

30.  2018-339

 

 

 

ORD Approp $1,570,613 from Subfund 4K2 Venues - SMG Estab FY 18 Daily's Operating Budget & 1 Time Capital Approp of Misc Rev for SMG Capital Maint at Ritz Theater & Perform Arts Ctr.  (BT 18-076)(McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601- 6/12/18

 

1. 5/22/2018 CO  Introduced: NCSPHS,F

 

 

Bill Summary          Fact Sheet          NCSPHS: 2nd

 

2nd and REREFER

 

 

31.  2018-340

 

 

 

ORD Auth a Sovereignty Submerged Lands Fee Waived Lease Renewal (BOT File No. 160353472) with Fla Internal Improvemt Trust Fund Bd of Trustees, to Operate a Public Boat Ramp & Accessory Floating Docks to be used Exclusively for Temp (day use) Mooring of up to 16 Recreational Vessels being launched and recovered at the ramp in Conjunction with an Upland Public Park for 10-Yr Term Commencing Feb 16, 2018. (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 6/12/18

 

1. 5/22/2018 CO  Introduced: NCSPHS,TEU,F,JWW

 

 

Bill Summary          Fact Sheet          NCSPHS: 2nd         TEU:2nd

 

2nd and REREFER

 

 

32.  2018-343

ORD Auth Transfer & Maint Agreemt with FDOT for County Rd 115 (Chaffee Rd) at State Rd 228 (Normandy Blvd; Designate Oversight by Public Works Dept. (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 6/12/18

1. 5/22/2018 CO  Introduced: TEU,F

 

 

Bill Summary          Fact Sheet          TEU: 2nd

 

2nd and REREFER

 

 

33.  2018-344

 

 

 

ORD Approp $434,000 from Countywide Bulkhead Assessmt, Repair, Replacemt Proj to install new sheet pile bulkhead along drainage canal behind houses on Hamilton St btwn Headley St & Tunis St; Amend Ord 2017-505-E (CIP) to decrease said Funding Changes for Proj "Countywide Bulkhead - Assessment, Repair Replacemt and Provide Funding for New Proj "Hamilton St Bulkhead Replacemt. (BT 18-073) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 6/12/18

 

1. 5/22/2018 CO  Introduced: NCSPHS,F

 

 

Bill Summary          Fact Sheet          NCSPHS: 2nd

 

2nd and REREFER

 

34.  2018-345

 

 

 

ORD Approp $105,000 from Facilities Capital Maint Subfund to fund "Police Memorial Bldg Air Handler Proj System", to replace Air Handler Unit 4 (AHU 4); Amend Ord 2017-505-E to Reflect Funding Changes for New Proj "Police Memorial Bldg HVAC System". (BT 18-074) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 6/12/18

 

1. 5/22/2018 CO  Introduced: TEU,F

 

 

Bill Summary          Fact Sheet          TEU: 2nd

 

2nd and REREFER

 

 

35.  2018-346

 

 

 

ORD Approp $200,000 of Addnl Grant Rev from FDOT to Fund Construction of Sound Barrier Wall adjacent to FDOT Improvmnts along I-10 in area of Hammond Blvd; Auth CIGP Supplemental Agreemt #2; Amend Ord 2017-505-E to Reflect Said Changes for Proj "Crystal Springs/Hammond/Ramona"; Designate Oversight by Public Works ( BT 18-077) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601-6/12/18

 

1. 5/22/2018 CO  Introduced: TEU,F

 

 

Bill Summary          Fact Sheet          TEU: 2nd

 

2nd and REREFER

 

 

36.  2018-347

 

 

 

 

 

ORD-MC Amend Sec 320.304 (Compliance Required with Applicable Law as to Official Action by Bldg Official), Chapt 320 (Gen Provisions), Ord Code, to Auth Utility Connection; Amend Part 4 (Permits), Chapt 320(Gen Provisions), Title VIII, Ord Code, to Amend Fees for Pools & Spas; Amend Secs 342.113 (Exam of Masters, Journeymen, Serviceman, and Installers) Chap 342 (Construction Trades Regulations), Ord Code, to Amend Bldg Permits for New Bldgs & Additions; Amend City of Jax Fees at http://www.coj.net/fees to modify fees for Fire & Rescue Plan Reviews Fees, Sec 123.102 & Bldg Inspection Div, Sec 320.409; Reflect New Fee for Archives Review & Providing Bldg Confirm Ltr per Ord 2018-310-E; Provide Legislative Svcs Div to Circulate Enacted Legislation to Webmaster for Immediate Update Online (Sidman) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 6/12/18

 

1. 5/22/2018 CO  Introduced: NCSPHS,R,F

 

 

Bill Summary          Fact Sheet          NCSPHS: 2nd

 

2nd and REREFER

 

 

37.  2018-349

 

 

 

 

ORD Concerning Continuation Grant; Providing for Participation in CDBG Prog & Budget  for 2018-19 FY;  ,Approp $8,366,025  ($6,195,067 in CDBG Prog Funding, $1,770,958 in Prog Income, $400,000 in Reprogrammed Funds) for Prog Costs;

Provide for Award, Authorization & Funding & for City to Execute Fed Prog Contracts for CDBG Prog Funds; Provide for further Council Action if Revenue Differs. (BT 19-001) (RC 19-001) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 6/12/18

 

1. 5/22/2018 CO  Introduced: NCSPHS,F

 

 

Bill Summary          Fact Sheet          NCSPHS: 2nd

 

2nd and REREFER

 

 

38.  2018-350

 

 

 

 

ORD re Continuation Grant; Approp $509,671 in Annual Emerg Solutions Grant Funding From U.S. HUD Dept) to provide Funding to (1)  Engage Homeless Individuals & Families Living on the Street; (2) Improve Number & Quality of Emerg Shelters for Homeless Individuals & Families; (3) Help Operate the Shelters; (4) Provide Essential Svcs to Shelter Residents; (5) Rapidly Re-House Homeless Individuals & Families & (6) Prevent Individuals & Families from Becoming Homeless (BT 19-002) (RC 19-002) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 6/12/18

 

1. 5/22/2018 CO  Introduced: NCSPHS,F

 

 

Bill Summary          Fact Sheet          NCSPHS: 2nd

 

2nd and REREFER

 

 

39.  2018-351

 

 

 

 

ORD re Continuation Grant; Approp $6,592,659 ($3,210,204 in Annual Fed Home Investment Partnership (HOME) Grant Prog Funding from HUD Dept, A Reallocation of $1,917,582 in Unexpended Prior Yr Funds, & $1,464,873 In Prog Income) to Fund Wide Range of Activities, Including Bldg, Buying, Rehabilitating Affordable Housing for Rent/Home Ownership for, or Providing Direct Rental Assistance to Low Income Individuals/Families.  (BT 19-003) (RC 19-003) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 6/12/18

 

1. 5/22/2018 CO  Introduced: NCSPHS,F

 

 

Bill Summary          Fact Sheet          NCSPHS: 2nd

 

2nd and REREFER

 

 

40.  2018-352

 

 

 

ORD re Continuation Grant; Approp $2,669,991 ($2,645,991 in Annual Housing Opportunity for Persons With Aids (HOPWA) Prog Grant Funding) From HUD Dept, & Reallocation of $24,000 in Unexpended Prior Yr Funds) to Provide Wide Range of Housing, Social Svcs, Prog Planning, and Developmt Costs to Low-Income Persons Living w/HIV/Aids & Their Families in Duval County.  (BT 19-004) (RC 19-004) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 6/12/18

 

1. 5/22/2018 CO  Introduced: NCSPHS,F

 

 

Bill Summary          Fact Sheet          NCSPHS:  2nd

 

2nd and REREFER

 

 

41.  2018-353

 

 

 

ORD re Continuation Grant; Approp $1,830,124 ($1,294,383 in 2018-2021 State Housing Initiatives Partnership (SHIP) Prog Funds from Florida Housing Finance Corp & $535,741 in SHIP Prog Income).  (BT 18-075) (RC 18-157) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 6/12/18

 

1. 5/22/2018 CO  Introduced: NCSPHS,F

 

 

Bill Summary          Fact Sheet          NCSPHS: 2nd

 

2nd and REREFER

 

 

42.  2018-355

 

 

 

ORD Declaring Surplus, Propty RE# 054393-0000 at 1447 N. Davis St; Auth Disposition of  Direct Sale to St. Stephen's African Methodist Episcopal Church,Inc. for in kind Svcs Valued at $28,950; Waive Sec 122.424, (Appraisal/Assessed Value Over $25,000) Chapt 122, Ord Code; Execute Quitclaim Deed btwn City of Jax & St. Stephen's African Methodist Episcopal Church, Inc. (District 7-R. Gaffney) (Sidman) (Introduced by CM R Gaffney)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 6/12/18

 

1. 5/22/2018 CO  Introduced: TEU,R,F

 

 

Bill Summary          TEU: 2nd

 

2nd and REREFER

 

 

 

 

43.  2018-356

 

 

 

ORD Declaring Surplus certain Retention Pond & Wetland/Conservation Parcels of Real Property; Recognizing Disposition of said Parcels Pursuant to Subpart B (Real Propty Dispositions) Part 4 (Real Propty), Chapt 122 (Public Propty), Ord Code; Waiving Provisions of Sec 122.423 (Appraisal at or Below $25,000) Chapt 122 (Public Propty),to Allow Conveyance to Pablo Holdings, LLC at No Cost; Reserving a Drainage & Preservation Easemts over Parcels; Designate Oversight by Engineering Div, Public Works Dept.  (District 3-Bowman) (Sidman) (Introduced by CM Bowman)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 6/12/18

 

1. 5/22/2018 CO  Introduced: TEU,R,F

 

 

Bill Summary          TEU: 2nd

 

2nd and REREFER

 

 

44.  2018-358

 

 

 

 

ORD Auth & Apv CEO of DIA to Execute a Dev Agreemt with Jacksonville Historic Naval Ship Assn., Inc. (JHNSA) for relocation of Retired Naval Vessel USS Charles F. Adams (DDG-2) to the former Jax Shipyard Site on the Northbank as a Floating Museum; Agreemt for 3 Yrs & Contingent upon certain conditions precedent being met by JHNSA prior to entering a 10-Yr License Agreemt with two 5-Yr License Renewal Options, Subject to Mutual Agreemt for; JHNSA to Construct, Operate & Maintain the Ship Museum; Designate Oversight by DIA. (Sawyer)( Introduced by CM Schellenberg) (Co-Sponsored by CM Bowman)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 6/12/18

 

1. 5/22/2018 CO  Introduced: NCSPHS,F,JWW

 

Bill Summary          NCSPHS: 2nd

 

2nd and REREFER

 

 

 

 

 

Jeff Clements, Council Research Division

Posted 6.6.18   9:30 a.m.

Council Auditor’s Office

Bill 2018-313

The District

 

Background Information:

Elements Development of Jacksonville, LLC (Developer) has the option to purchase approximately 30 acres of land on a parcel known as the JEA Southside Generation Parcel at a price of $18,600,000. The Developer intends to develop a mixed use master planned development at an estimated cost of $280,000,000 for Vertical Improvements which includes:

-          950 Residential Units

-          147 Hotel Rooms

-          200,000 square feet of Class A Office Space

-          134,600 square feet of Retail Space

-          125 Marina Slips

The City will be conveyed (either through deed or easements as determined by DIA) approximately 4.25 acres of land for parks and public open spaces (City Parcels). The public open spaces include the Riverwalk extension, bulkhead and riverfront park, an easement interest in the surrounding trail, boardwalk, public parking spaces (dedicated to public use and not part of the CRA Infrastructure Improvements budget), the Prudential Drive expansion, traffic circle, Broadcast Place and Riverplace Drive which are known as the CRA Infrastructure Improvements.

 

As calculated by the DIA, the ROI calculation for the proposed development equals 1.39. The calculation includes the ad valorem taxes generated based on approximately $215 Million for an estimated assessed value of the Vertical Improvements, payroll taxes induced by the hotel, retail and office space, and sales and bed taxes generated by the hotel, for a period of 25 years, which is then divided by the maximum REV Grant authorized of $56,025,000. Once the development is fully constructed, DIA estimates that approximately $2.4 Million in ad valorem taxes will be generated each year before the REV grant is paid.

 

Deal Structure:

One component of the overall improvements to be undertaken are the CDD Infrastructure Improvements, which are roadways, electrical, water and sewer utilities and other horizontal improvements, with an estimated budget of $24,776,775. The CDD Infrastructure Improvements will benefit the development parcels. The CDD, which will be created by the developer, will issue bonds to pay for the CDD Infrastructure Improvements. As part of the Redevelopment Agreement, the DIA will make a Recaptured Enhanced Value Grant (REV Grant) to the CDD in an amount not to exceed the lesser of $56,025,000 or the sum of the principal, interests and other costs on the CDD bonds. The REV Grant will commence when a certificate of occupancy is issued for any component of the Vertical Improvements that have a construction value in excess of $2,000,000 and are included on the City’s tax rolls at full assessed value.

-          The REV Grant is 75% of Annual Project Revenues for 20 years, but no later than December 31, 2040.

 

The other component of the deal is the CRA Infrastructure Improvements with a maximum estimated construction budget of $26,410,000. The CDD will oversee the design, engineering, permitting and construction of the CRA Infrastructure Improvements. The maximum amount the City will disburse to the CDD for construction of the improvements will be $23,000,000, with any cost overruns the responsibility of the Developer and CDD. The remaining balance will be other direct costs of the DIA for its management of the CRA Infrastructure Improvements which includes the hiring of a Construction Inspector.

 

Points to Consider:

  1. REV Grant is based on Vertical Improvements occurring and taxes being paid. The City is not providing any funding up front for the Vertical Improvements.
  2. DIA will have an owner’s rep ensuring CRA Infrastructure Improvements are being completed before DIA pays the CDD. Again, the City is not providing any funding up front for CRA Infrastructure Improvements.
  3. Numerous discussions have taken place regarding the exclusion/inclusion of the disbursements for the CRA Infrastructure Improvements in the ROI calculation. Given that this project has been a component of the CRA BID plan for many years and is not a direct incentive to the Vertical Improvements the DIA ROI calculation excluded the disbursement of $23 Million for the infrastructure. Regardless of this exclusion, the project meets many of the additional considerations of the Public Investment Policy.
  4. There is not a provision to reduce the REV Grant if the developer goes into default or if the scope of the project is significantly reduced. Most REV Grants include a provision to reduce the REV Grant percentage if a certain amount of Capital Investment is not completed by a date certain. Per DIA, the provision to reduce the REV Grant percentage was not included in the Redevelopment Agreement since it is anticipated that proceeds of the REV Grant will be part of the CDD pledge to its bondholders for debt service payment.

 

Concerns to Consider:

  1. The City could have some environmental risk associated with taking possession (whether through conveyance by deed or easement) of the City Parcels, particularly if the Developer defaults, as the Florida Department of Environmental Protection may look to any party in the chain of title in the event of a release of Hazardous Materials.
  2. If during construction of the CRA Infrastructure Improvements the Developer/CDD goes into default, while the performance bonds will ensure that the CRA Infrastructure Improvements are completed at the contract value (between the Developer/CDD and contractor), the City/DIA could be responsible for cost overruns in excess of the $23 Million if the Developer/CDD is incapable of paying for the cost overruns. The City/DIA could still seek recovery of these cost overruns from the Developer/CDD as they are contractually obligated to cover cost overruns.

 

Amendments (technical changes are not highlighted):

  1. On the bill:
    1. Clarify the 4th Whereas Clause on page 4 concerning DIA’s maximum financial obligation for the construction of the CRA Infrastructure Improvements
    2. Reduce authorized borrowing to $19 Million to be loaned to the DIA for the CRA Infrastructure Improvements
    3. Page 4, line 1 correct $30,000,000 to $24,776,775 to update CDD Infrastructure estimated cost
    4. Add Section which allows for technical corrections to be made to all documents by the Office of General Counsel, with the concurrence of the Council Auditor’s Office
  2. Redevelopment Agreement:
    1. Correct Ordinance number in Section 1.3
    2. In Section 1.7 add “be” after “shall”
    3. In Section 2.6, clarify that Capital Investment will also include successors and assignees.
    4. In Section 3.2 include “third party appeals or litigation challenging governmental permits or approvals” as delays not caused by Developer or CDD
    5. In Section 5.2(d) change “City’s Acceptance Date” to “Closing”
    6. Correct formatting  in Section 5.2(d) for Release and Satisfaction of Mortgages and Liens
    7. In Section 5.2(f) correct references to Environmental Laws
    8. In Section 5.2(i) clarify the indemnification will survive Closing and “expiration or termination of the Agreement”
    9. In Section 5.2(j) clarify that for New Releases caused by negligence of the City, the City  will be responsible for any increased liability or financial costs incurred by the CDD or Developer
    10. In Section 5.3(a) clarify that failure of the CDD or Developer to perform any obligation under the BSRA shall not be deemed a violation of the City. The City will indemnify the CDD or Developer of any violations caused by the City’s negligence.
    11. In Section 5.3(b) the City and DIA agree to execute BSRA site access agreements
    12. Correct Exhibit reference in Section 5.4(e)(i) and clarify that the easement should be a perpetual easements
    13. In Section 6.2 include that the City can draw on the Performance Bonds if there is an Event of Default and the City will be completing the CRA Infrastructure Improvements
    14. In Section 7.2 clarify that if any Annual Installment of the REV Grant is more than the annual debt service on the CDD bonds the CDD shall apply 50% of the excess as partial payment of the outstanding Bond Principal and 50% of the excess to repayment of the principal balance of Supporting Advances and clarify that if there is a specific default 100% of any excess shall be applied as a partial payment of the outstanding Bond principal
    15. In Section 9.1 add in “during the continuance of such Event of Default” and change “Contribution” to “Funding Obligation”
    16. Correct section reference in Section 9.2
    17. Correct scriveners in Section 9.4
    18. In Section 10.9 clarify Indemnification language does not apply to Sections 5.2(j) and (k) and 5.3
    19. Reference CDD in Section 10.21(h)
    20. In Section 10.24 state that the Developer is to provide documentation that any assignee has the financial ability to meet the obligations and has adequate experience with mixed use developments
    21. Exhibit A – correct scriveners and strike “defined below”
    22. Exhibit C – update CDD Infrastructure estimated cost
    23. Exhibit E – clarify that it conveyance could be done by a Special Warranty deed and change CDD in parentheses to CRA
    24. Exhibit J – clarify that the assignment of the DCSB agreement is at the option of the City
    25. Exhibit K – attach revised exhibit to correct CDD Infrastructure Budget
    26. Exhibit P – include updated insurance provisions

 

  1. Interlocal Agreement:
    1. Change “The District” to “CDD” in preamble
    2. Clarify/add definitions in the Interlocal Agreement that are referenced in other agreements
    3. On page 4, in the second whereas clause, change “title” to “conveyance”
    4. Correct scriveners on page 4, in the third whereas clause
    5. On page 5, in the fourth whereas clause, change “Public Infrastructure Improvement” to “CRA Infrastructure Improvement”
    6. In Section 4.2 reference the Redevelopment Agreement
    7. In Section 4.7, change “District Engineer” to “CDD Engineer”, strike reference to specific name and remove the Council Auditor’s Office from receiving District Engineer Certifications
    8. In Section 4.9 change “District” to “CDD”
    9. In Section 9 reference Redevelopment Agreement
    10. In Section 19 add “be” after “shall”
    11. Exhibit A - attach revised exhibit to correct CDD Infrastructure Budget
  2. Disbursement Agreement:
    1. In Section 2.5 reference the Redevelopment Agreement in regards to Completion Date
    2. Add “of the Redevelopment Agreement” after reference to Section 3.2
    3. Correct section reference in Section 2.8
    4. In Section 3.6 change Roman numerals to numbers and correct section reference
    5. Correct scriveners error in Section 3.7.1
    6. In Section 3.10 remove reference to Section 1.7 and correct other section references
    7. In Section 3.14.1 strike parenthetical
    8. In Section 3.14.2 clarify that any extension is subject to the Redevelopment Agreement
    9. In Section 4.1 correct section reference
    10. Clarify in Section 5.2(e) that CDD shall be in compliance with its obligations under the Redevelopment Agreement as to Commencement and construction of the CDD Infrastructure Improvements and concurrently with the CRA Infrastructure Improvements
    11. In Section 5.3 (b) strike first clause
    12. Correct section references in Section 7.1
    13. In Section 7.3 change “will” to “with”
    14. In Section 7.24 replace “these” with “the”
    15. In Section 7.7(a) clarify that compliance with the City Ordinance Code is “otherwise generally in accordance with”
    16. In Section 7.10 delete sentence concerning the material amount for change orders
    17. In Section 7.19 change “DIA’s” to “City’s”
    18. Strike Section 9.1(j)
    19. Clarify in Section 9.2.2 that DIA’s remedy under an Event of Default is set forth in the Redevelopment Agreement
    20. Correct section references in Section 9.2.2(a)
    21. In Section 10.16 include “unless otherwise explicitly stated herein”
    22. Exhibit B – attach revised exhibit to correct CDD Infrastructure Budget

Exhibit G – include updated insurance provisions