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Rules Committee

Regular Meeting

Jacksonville, FL · April 6, 2021

Agenda

Agenda

City of Jacksonville 117 W Duval St Jacksonville, FL 32202 Agenda - Revised Marked Tuesday, April 6, 2021 2:00 PM Council Chambers 1st Floor, City Hall & Virtual Rules Committee Brenda Priestly Jackson, Chair Garrett Dennis, Vice Chair Randy DeFoor Matt Carlucci Sam Newby Ju'Coby Pittman Michael Boylan Legislative Assistant: Crystal Shemwell Legislative Assistant: Vonya Balogh Deputy General Counsel: Peggy Sidman Research Assistant: Colleen Hampsey Administration: Rachel Zimmer Council Auditor’s Office: Trista Carraher Rules Committee Agenda - Revised Marked April 6, 2021 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 purposes, 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. MEETING TIME: 2:00 P.M. – 4:00 P.M. Physical Location: Council Chambers City Hall 117 W. Duval Street Jacksonville, Florida 32202 (If attending virtually, please join the meeting by 1:45 P.M.) Meeting ID: 961 2514 0556 Meeting Password: 75193 Council Members, City staff and the public may attend the meeting at the physical location, Council Chambers, but CDC guidelines will be adhered to due to COVID-19. A mandatory mask requirement is in place for all public buildings pursuant to the COJ Emergency Executive Proclamation 2020-005, as extended. The public will be encouraged to share general comments with individual council members by email or telephone. Public hearings and public participation are required by state statute for specific legislation. We will conduct these hearings as required by state law. CCMeeting04132021@coj.net is the designated email for general comments to be including as a part of this meeting. Meeting Convened: Meeting Adjourned: Attendance: Item/File No. Title History 1. 2020-0326 RESO Supporting the Passage of a Policy Designating City Hall as a DEFER “Hit Free Zone,” Training of Employees for an Appropriate Response, & Posting Signage at City Hall Identifying Propty as a “Hit Free Zone” At request of Area; Urging Creation of a Pilot Program. (Johnston) (Introduced by CM CM Dennis Dennis) 6/9/20 CO Introduced: NCSPHS, R 6/15/20 NCSPHS Read 2nd & Rerefer 6/16/20 R Read 2nd & Rerefer 6/23/20 CO Read 2nd & Rereferred: NCSPHS, R Page 1 of 11 Rules Committee Agenda - Revised Marked April 6, 2021 2. 2020-0559 ORD-MC Creating a New Chapt 797 (Local Option Vessel Registration DEFER Fee), Ord Code, Adopting the Local Option Vessel Registration Fee Permitted by State Law; Setting Effective Date of New Local Option At request of Vessel Registration Fee as 1/1/21; Directing the Chief of Legislative CM Dennis Svcs to Forward a Copy of the Ord Upon Enactment to the Tax Collector & to the Mayors of Baldwin, Atlantic Beach, Jax Beach & Neptune Beach; Directing the Tax Collector to Notify the State of Imposition of the New Local Option Vessel Registration Fee. (Johnston) (Introduced by CM Dennis) 9/8/20 CO Introduced: NCSPHS, TEU, F, R, JWC 9/14/20 NCSPHS Read 2nd & Rerefer 9/14/20 TEU Read 2nd & Rerefer 9/15/20 F Read 2nd & Rerefer 9/15/20 R Read 2nd & Rerefer 9/22/20 CO PH Read 2nd & Rereferred: NCSPHS, TEU, F, R, JWC 10/28/20 JWC Approve 1-7 (Fail) (Birtalan, Haskell, Burnett, Devereaux, Hardesty, Ferraro, White) Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 – 9/22/20 3. 2020-0584 ORD-MC Creating a New Chapt 79 (Jacksonville City Council Citizen DEFER Review Board), Ord Code; Establishing a New Chapter Creating a Council-Appointed Citizen Review Board to make Recommendations to At request of Council. (Johnston) (Introduced by CM Dennis) CM Dennis 9/22/20 CO Introduced: NCSPHS, R 10/5/20 NCSPHS Read 2nd & Rerefer 10/6/20 R Read 2nd & Rerefer 10/13/20 CO PH Read 2nd & Rereferred: NCSPHS, R Public Hearing Pursuant to Chapt 166, F.S. & C.R. 3.601 – 10/13/20 4. 2020-0705 ORD-MC Regarding the Jacksonville Ethics Code; Amending Chapt 602 DEFER (Jacksonville Ethics Code), Part 8 (Lobbying), Ord Code, to Rename Part 8, Establish Subpart A, & to Add a New Subpart B (Political At request of Consultants) to Provide for a City Registration Process for Political CM Dennis Consultants. (Johnston) (Introduced by CM Dennis) 11/24/20 CO Introduced: R 12/1/20 R Read 2nd & Rerefer 12/8/20 CO PH Read 2nd & Rereferred: R Public Hearing Pursuant to Chapt 166, F.S. & C.R. 3.601 – 12/8/20 Page 2 of 11 Rules Committee Agenda - Revised Marked April 6, 2021 5. 2021-0097 RESO Encouraging & Requesting the Downtown Investment Authority Scrivener's (“DIA”) to Explore the Sale or Lease of Propty Located at 816 Union St. W., within the Downtown CRA Boundary, to the Jacksonville Contact: Brotherhood of Police Officers; Providing DIA Time to Review & Report CM Dennis Its Findings to Council. (Johnston) (Introduced by CM Dennis) 2/9/21 CO Introduced: R 2/17/21 R Read 2nd & Rerefer 2/23/21 CO Read 2nd & Rereferred: R Scrivener’s Pg. 3, lines 29 and 31: strike “of” and insert “or” 6. 2021-0117 ORD-MC Repealing Chapt 24 (Finance & Admin Dept), Pt 6, Sec FINANCE 24.604 (Office of the Ombudsman Functions) & Sec 24.605 (Equal AMEND Business Opportunity Office Functions), Ord Code; Creating a New Chapt 24 (Finance & Admin Dept), Pt 10 (Office of the Ombudsman) & Pt 11 (Equal Business Opportunity Division); Amend Chapt 24, Sec 24.603 (Duties of Chief of Procurement), Ord Code; Repealing Chapt 126 (Procurement Code), Pt 6A (Small Business Capital, Bonding & Outreach Prog.) & Pt 6B (Jax Small Emerging Business Prog.), Ord Code; Creating a New Chapt 126, Pt 6 (Jax Small Emerging Business Prog.), Subpt A (General Provisions), Subpt B (Prog. Admin.), Subpt C (Prog.Support Svcs.; Marketing & Outreach; Disparity Study Update), Subpt D (Prog.Eligibility, Procedures, & Other Requirements); Providing for Codification Instructions. (Hodges) (Co-Introduced by CMs Pittman, Freeman, Dennis,Morgan, Hazouri,Carlucci,Becton & R.Gaffney) 2/23/21 CO Introduced: F, R 3/2/21 F Read 2nd & Rerefer 3/2/21 R Read 2nd & Rerefer 3/9/21 CO PH Read 2nd & Rereferred: F, R 3/16/21 F Sub/Rerefer 7-0 3/16/21 R Sub(Finance)/Rerefer 6-0 3/23/21 CO Sub/Rereferred: F, R 18-0 Public Hearing Pursuant to Chapt 166, F.S. & C.R. 3.601 – 3/9/21 Page 3 of 11 Rules Committee Agenda - Revised Marked April 6, 2021 FINANCE AMENDMENT #1 1. Creates new Code Section 111.610 establishing the JSEB Access to Capital Program Trust Fund 2. Clarifies that 51% of the business owners must qualify under Sec. 126.613(c)(1) 3. Corrects scrivener’s errors FINANCE AMENDMENT #2 Resets number of years in the program for current JSEBs • Provides for courtesy review of JSEB applications by the JSEB Administrator • Moves oversight of Access to Capital program from OED to JSEB Administrator • Repeals current guidelines for Access to Capital program and allows JSEB Administrator to establish new guidelines without further Council approval • Removes references to specific providers of training programs and allows EBO Office to procure third party contractors to implement education, training, and mentoring programs • Changes Risk Management’s review of insurance programs available for small businesses from every 2 years to every 6 months • Provides for an update to the 2013 disparity study, subject to availability of funds • Revises requirement for audited financial statements to financial statements prepared by a CPA • Changes recertification from annual to biennial (every 2 years) • Revises residency requirement for JSEB eligibility • Revises the personal net worth limit from $1,325,000 to $1,320,000 and no longer includes assets held by a spouse • Provides for development and implementation of a JSEB micro-business program • Reduces timeframe for which a JSEB may participate in the program from 15 to 9 years 7. 2021-0142 ORD-MC Amending Sec 123.107 (Exemptions), Part 1 (In General), FINANCE Chapt 123 (Public Fees), Ord Code, to Add to the Exemptions a Park AMEND Admission Fees Exemption for Gold Star Families & an Administrative Process for Exempting Such Fees; Correcting Outdated References in Contact: Existing Sec 123.107. (Johnston) (Introduced by CM Dennis) CM Dennis ( C o - S p o n s o r C M s White,Freeman,Diamond,Bowman,Becton,Pittman,Morgan,Carlucci, & Carrico) 3/9/21 CO Introduced: NCSPHS, F, R 3/15/21 NCSPHS Read 2nd & Rerefer 3/16/21 F Read 2nd & Rerefer 3/16/21 R Read 2nd & Rerefer 3/23/21 CO PH Read 2nd & Rereferred: NCSPHS, F, R 4/5/21 NCSPHS Amend/Approve 7-0 Public Hearing Pursuant to Chapt 166, F.S. & C.R. 3.601 – 3/23/21 Page 4 of 11 Rules Committee Agenda - Revised Marked April 6, 2021 FINANCE AMENDMENT 1. Clarify exemption is available to Duval County residents only 2. Correct scrivener’s errors 3. Include name of Timothy Seamans for Gold Star Family exemption program 8. 2021-0161 RESO Conf the Reappt of Geraldine (Lockett) Jackson as a JEA Scrivener's Representative to the Civil Svc Board of the City of Jax, Pursuant to Sec 17.02 of the Charter of Jax, for a First Full Term to Expire 6/30/23. (Sidman) (Req of JEA) 3/9/21 CO Introduced: R 3/16/21 R Read 2nd & Rerefer 3/23/21 CO Read 2nd & Rereferred: R REAPPOINTMENT Has attended 13 of 16 meetings or 81% Scrivener’s Pg. 1, line 26 and pg. 2, line 3: strike “Lockett” and insert “(Lockett) Jackson” 9. 2021-0163 RESO Conf Appt of Bradley S. Talbert to the Jax Port Authority, Scrivener's Replacing John Baker, Pursuant to Article 5 (Jax Port Authority),Charter of the City of Jax, for a Partial Term to Exp. 9/30/21, & Subsequently Reappt Mr. Talbert to a 1st Full Term to Exp. 9/30/25 (Sidman) (Req of Mayor) (Co-Sponsored by CM Salem) 3/9/21 CO Introduced: R 3/16/21 R Read 2nd & Rerefer 3/23/21 CO Read 2nd & Rereferred: R APPOINTMENT Scrivener’s Pg. 1, line 20: correct spelling to “subsequently” Page 5 of 11 Rules Committee Agenda - Revised Marked April 6, 2021 10. 2021-0179 ORD Making Certain Findings & Auth the Borrowing from the City’s 2nd Commercial Paper Facility &/or Issuance of Fixed-Rate Debt in the Cumulative, Not-to-Exceed Amount of $32,905,000, or Such Lesser Amount as Determined Pursuant to the Agreemnt (Defined Below) as of the Time of Closing, & Approp Thereof to Provide Funding for the Purchase of the Metropolitan Parking Solutions Parking Garages Pursuant to the Default Provisions of the Developmnt Agreemnt Dated 3/5/04; Purpose of Approp; Providing a Carryover of Funds from Yr to Yr Unit Such Funds are Expended or Lapse According to the Agreemnt; Amending the 2021-25 5-Yr CIP Apvd by Ord 2020-505-E to Provide Funding for the Project Entitled “MPS Garage Purchase;” Amending 2020-504-E, the FY 2021 Budget Ord, to Replace Rev Schedule B4, the FY 2020-21 CIP Projects Funded Via Borrowing, to Auth the Borrowing &/or the Issuance of Debt for the Purchase of the Parking Garages; Auth the Mayor, or His Designee, & Corp Secretary to Execute & Deliver All Docs & Agreements Necessary to Transfer Developer’s Interest in the Proj to the City Pursuant to the Redevelopment Agreemnt; Auth Apv of Technical Amendmnts by the Mayor or His Designee; Waiving Sec 122.411(A) (Fee Purchases), Subpart A (Acquisition of Interests in Real Property), Part 4 (Real Property), Chapt 122 (Public Property), Ord Code, to Auth Purchase of the Parking Garages Pursuant to the Developmnt Agreemnt Without the Need of an Appraisal; Waiving Sec 55.115 (Procedures for Acquisition & Disposition of Downtown Property), Chapt 55 (DIA), Ord Code, to Allow for Purchase of Property to be Apvd by Action of This Legislation; Providing for Oversight by the DIA. (B.T. 21-059) (Sawyer) (Req of Mayor) 3/23/21 CO Introduced: TEU, F, R 4/5/21 TEU Read 2nd & Rerefer Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 – 4/13/21 11. 2021-0181 ORD Conf the Mayor’s Appt of Christopher R. Butler, a St. Johns 2nd County Resident with Substantial Business Interest in Duval County, to the Better Jacksonville Plan Financial Administration Committee, as a Private Citizen, Replacing Paul Sleiman, Pursuant to Sec 761.107, Ord Code, for a 1st Full Term to Expire 3/31/26; Providing for a Non-Resident of Duval County with Substantial Economic Business Interest to be Seated on the Better Jax Plan Financial Administration Committee. (Sidman) (Req of Mayor) 3/23/21 CO Introduced: R Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 – 4/13/21 Page 6 of 11 Rules Committee Agenda - Revised Marked April 6, 2021 Pursuant to Ordinance Code Section 50.102(c), the bill sponsor shall appear before the Rules Committee at a meeting separate and prior to the appearance of the appointee, to establish and debate the requirements of the substantial business and/or philanthropic contribution of the appointee and/or the reason for the waiver of the requirements of Section 50.102. 12. 2021-0184 ORD Approp $731,500.00 ($397,794.73 from Special Events – FL GA EMERGENCY Game Contingency, $95,000.00 from Terry Parker Pool Fund, & $238,705.27 from Council District 1 Autumn Bond Funds) to Provide Scrivener's Funding for a New Artificial Turf Field at Blue Cypress Park; Apv & Auth the Mayor, or His Designee, & Corp Secretary to Execute & Deliver, an Contact: Agreemnt btwn the City of Jax & Southern Recreation, Inc; Invoking the CM Morgan Exception in Sec 126.107(G), Ord Code, to Allow Direct Contract w/ and CM Salem Southern Recreation, Inc. to Provide Purchase & Installation of New Artificial Turf Field at Blue Cypress Park; Providing for a Reverter of Funds; Providing for the Oversight by the Parks, Recreation & Community Svcs Dept; Amending the 2021-25 5-Yr CIP Apvd by Ord 2020-505-E to Auth the Project Titled “Blue Cypress Park Soccer Field;” Req 1-Cycle Emerg Action. (Johnston) (Introduced by CMs Morgan & Salem) 3/23/21 CO Introduced: NCSPHS, F, R 4/5/21 NCSPHS Emergency/Approve 7-0 Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 – 4/13/21 Scrivener’s Pg. 2, line 10: strike “$397.794.73” and insert “$397,794.73” •The project will convert one of the two fields to artificial turf. 13. 2021-0187 RESO Making Certain Findings, & Apv & Auth the Execution of an AMEND Economic Agreemnt (“Agreemnt”) btwn the City of Jax (“City”) & 11180 Blasius Rd, LLC (“Company”), to Support the Creation of the See Auditor Company’s Operations at a New Facility Located Generally at 11180 Summary on Blasius Rd Within the City (“Project”); Auth a 5-Yr Recapture Enhanced pg. 9 Value (REV) Grant of $1,100,00; Apv & Auth the Execution of Documents by the Mayor, or His Designee, & Corp Secretary; Auth Apv Contact: of Technical Amendmnts by the Executive Director of the Office of Kirk Wendland Economic Development (“OED”); Providing for Oversight by the OED; Providing for a Deadline for the Company to Execute the Agreemnt; Affirming the Project’s Compliance w/ the Public Investment Policy Adopted by Ord 2016-382-E, As Amended; Req 2-Reading Passage Pursuant to C.R. 3.305. (Sawyer) (Req of Mayor) 3/23/21 CO Introduced:F, R Page 7 of 11 Rules Committee Agenda - Revised Marked April 6, 2021 AMENDMENT Place revised Economic Development Agreement on file to correct base year and base value for REV grant calculation 14. 2021-0188 RESO Conf the Mayor’s Appt of Oliver Schnusenberg, a Duval County 2nd Resident, to the Better Jax Plan Financial Administration Committee, as a Citizen Member Representing the Financial Business Community, Replacing Mathew Holdt, Pursuant to Sec 761.107, Ord Code, for a 1st Full Term to Expire 3/31/26. (Sidman) (Req of Mayor) 3/23/21 CO Introduced: R 15. 2021-0190 RESO Honoring & Commending Bolles School Junior Taylor Richardson for Her Outstanding & Unprecedented Work as a Teenage Philanthropist & Advocate for “STEM” Education, Literacy & Social Justice. (Clements) (Introduced by CM Carrico)(CO-Sponsor CM's Salem & Freeman) 3/23/21 CO Introduced: R 16. 2021-0191 RESO of the City Council of the City of Jax Apv the City Council Special 2nd Committee on Resiliency’s Final Report, Dated 2/2021; Thanking the Subject Matter Experts & the Northeast FL Regional Council for Their Time & Effort. (Grandin) (Introduced by DeFoor) 3/23/21 CO Introduced: R 17. 2021-0192 ORD Making Certain Findings, & Apv & Auth the Execution of an Scrivener's Economic Developmnt Agreemnt (“Agreemnt”) btwn the City of Jax (“City”) & Jax North Apartments Owner, LLC (“Company”), to Support See Auditor the Developmnt of a 324 Unit Multifamily Apartment Project Generally Summary on Located at 14670 Duval Rd in the City (“Project”); Auth a $250,000 Tax pg. 10 Increment District Infrastructure Grant (“TID Grant”); Apv & Auth the Execution of Documents by the Mayor, or His Designee, & Corp Contact: Secretary; Auth Approval of Technical Amendmnts by the Executive Kirk Wendland Director of the Office of Economic Developmnt (“OED”); Waiving Provisions of Chapt 126, (Procurement Code), Ord Code, w/ Respect to the Project; Providing for Oversight by the OED; Waiver of that Portion of the Public Investment Policy Adopted by Ord 2016-382-E Which Would Require that in Order for a Project to Receive a TID Grant 20 New Full-Time Jobs Must be Created; Req 2-Reading Passage Pursuant to C.R. 3.305. (Sawyer) (Req of Mayor) 3/23/21 CO Introduced: F, R Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 – 4/13/21 Scrivener's 1. Pg. 2, line 8: strike “amounts” and insert “amount” 2. Pg. 5, line 17: strike “Infrastructure Improvements project” and insert “Project” 3. Pg. 6, lines 27-28: strike duplicate language Page 8 of 11 Rules Committee Agenda - Revised Marked April 6, 2021 Council Auditor’s Office 2021-187 One or Two Read Resolution - Two Date provided to Council Auditor – 3/17/21 Company Name – 11180 Blasius Road LLC (FlexCold) Project Location – 11180 Blasius Road, Jacksonville, FL 32226 Incentives Provided – $1,100,000 REV grant at 50% over 5 years Number of Jobs to be Created – • 20 new jobs no later than Dec. 31, 2023 at an average wage of $51,192 plus benefits Number of Jobs to be Retained – N/A Capital Investment – $47,000,000 Performance Schedule – Start of Construction – on or before Dec. 31, 2021 Completion of Construction – on or before Dec. 31, 2023 Records Retention/Audit Clause – Yes Clawback Language – • In the event reporting requirements are not met in the time period specified in the agreement, the City will be entitled to withhold the annual installment of the REV grant • If by December 31, 2021, the company fails to create the number of jobs listed below at an average wage of $51,192, the REV grant will be reduced by the corresponding amount: - Fails to create 20 jobs and maintain them for the length of the REV grant – reduced proportionately - Fails to create 10 jobs and maintain them for the length of the REV grant – REV grant is terminated and any amounts paid to the Developer will be repaid to the City • If by December 31, 2023, the company fails to invest the amounts listed below, the REV grant will be reduced by the corresponding amount: - Fails to invest at least $47,000,000 – reduced proportionately - Fails to invest at least $30,000,000 – REV grant is terminated and any amounts paid to the Developer will be repaid to the City ROI – 3.92 Page 9 of 11 Rules Committee Agenda - Revised Marked April 6, 2021 Council Auditor’s Office 2021-192 Company Name – Jax North Apartments Owner, LLC Project Location – 14670 Duval Road, Jacksonville, FL 32218 Incentives Provided – $250,000 Tax Increment District Infrastructure Grant from JIA CRA Number of Jobs to be Created – N/A; 0 new jobs required Number of Jobs to be Retained – N/A; 0 jobs retained Capital Investment – $52,000,000 Records Retention/Audit Clause – Yes Payment requirements – • Company shall submit invoices, contractor’s affidavit and/or receipts as requested by the City • Company must furnish evidence that all applicable permits have been issued • All property taxes must be current • Company must furnish evidence demonstrating that the Company invested at least $26 million in the Project • City shall take title of right-of-way infrastructure improvements to Ranch Rd. Waivers include: • Waives Chapter 126, Procurement Code, except as it applies to JSEBs, as the Developer intends to use the same contractor for this roadway project as they use for the horizontal component of their project. • Waives the Public Investment Policy (approved by 2016-382-E, as amended) requiring a minimum of 20 new full-time jobs to be created when providing a TID Grant. The reason for the waiver is the amount of capital investment of $52 million. As of March 31, 2021, property taxes for the 2020 year are unpaid. Taxes become delinquent April 1. NOTE: The next regular meeting will be held Tuesday, April 20, 2021. *****Note: Items may be added at the discretion of the Chair.***** Pursuant to the American with Disabilities Act, accommodations for persons with disabilities are available upon request. Please allow 1-2 business days notification to process; last minute requests will be accepted; but may not be possible to fulfill. Please contact Disabled Services Division at: V 904-255-5466, TTY-904-255-5476, or email your request to KaraT@coj.net. Page 10 of 11 Rules Committee Agenda - Revised Marked April 6, 2021 Page 11 of 11