Everbank and Corporate Welfare

[Charles D White]

Our outgoing Mayor has proposed to the tune of over $6 million of our tax dollars that we the taxpayers buy Everbank's relocation of 800 employees to one of Downtown's vacant highrises. The funds of which $2.75 million goes directly into Everbank's hands to pay for quote "leasing costs" come from JEDC. When JEDC was founded, (1996 I believe) it was specifically stated that these funds would not be used to attract companies to relocate from one section of Jacksonville to another. I work specifically in this arena, I represent tenants looking for office space and I represent building owners and their space and I have never heard of a City doing something like this for an existing tenant . Everbank will come from the I-95/Butler Corridor to Downtown Jacksonville at the expense of their landlord in the suburbs. Would Everbank do this without the money, who knows? They certainly have enough money of their own to do this without this handout.

Another $3.25 million dollars is to build a parking garage so Everbank can park presumably for free. Is this Toney Sleiman's garage? It is not, it is another concession to Everbank. Who will this benefit? Of course Everbank, but who else? First Coast News interviewed a hot dog vendor who said (I paraphrase) "it will be good for my business but I don't think taxpayer dollars should be used." This is a private business deal between landlord and a potential new tenant, no interference is necessary from Government and the Government is damaging the existing landlord by putting this "backroom" deal together.

We invite you to join our discussion on this subject already in progress on "Just Speak Up" heard Mon.-Fri. on AM600 WBOB at 12 o'clock Noon. Any of our Councilmen who are listening are invited to participate in the discussion also, that number is 904-854-1320. Please get involved on this one, let's hold the outgoing Mayor responsible and pray our City Councilmen will make the right decision.

Fiunally JEDC takes up this subject for the first time on June 9th at Jacksonville's City Hall Suite 400 at 9 AM. I'll be there will you?

[CJ]

Just sent to Council

Honorable Ladies and Gentlemen,

Bill 11-384 is also against Florida Statute 166.41 as it contains issues over Enterprise Zone and Brownfield areas

It is also against the law 

1) Only Council can determine an area Brownfield (FS 376.80)

2) Enterprise Zone and Brownfield must have one contiguous boundary (FS 290.0058)

3) Notification in Daily News  insufficient, this goes for 11-368,369,384 as well    (FS 125.66)

125.66  Ordinances;  ordinances or resolutions

4(b)1 1.  Council shall hold two advertised public hearings on the proposed ordinance or resolution. The first public hearing shall be held at least 7 days after the day the first advertisement is published. The second hearing shall be held at least 10 days after the first hearing and shall be advertised at least 5 days prior to the public hearing.

The advertisement shall be placed in a newspaper of general paid circulation in the county and of general interest and readership in the community pursuant to chapter 50, not one of limited subject matter. It is the legislative intent that, the advertisement shall appear in a newspaper that is published at least 5 days a week unless the only newspaper in the community is published less than 5 days a week. The Daily record does not qualify as it publishes news, profiles and articles of interest to the Jacksonville urban core business, financial and legal communities. 

 

JEDC is jeopardizing many city certifications and should be stopped.

Dear Council Please find yourselves and reign in this foolishness of circumventing the law, you are all to intelligent to feign ignorance. As I have said before you have one but Master and he does not work at City Hall.

Respectfully

Connie Benham

 

[CJ]

Notice is hereby given that Council Member Bill Bishop will meet with Council President Jack Webb, onMonday, June 27, 2011, at 1:00 p.m., in Conference Room A, City Council Offices, 117 West Duval Street, Suite 425, City Hall at St. James Bldg., to discuss 2011-361, JTA Regional Transportation Center.

[Jim Ryan]

Ms. McBride,  Yes I believe that any time you can expose the players and their tactics and make "them" nationally embarassed by their behavior and end run bully legislative efforts you will get a lot more sunshine thrown on those issues.  Ultimately when the questions start  coming from sources that  they  do not have control over, like sympathetic TU writers, the sweep it under the rug idealogy does not work as well.  It will also force the local media to cover the story with a great deal more respect.  Having local issues covered by outsiders who will actually dig and ask the tough questions will serve as an embarrassment and will expose the local print and TV media for not doing their jobs.  If they can ignore an issue and it serves their underlying political purpose to do so they will.  They did it in the recent Mayor's election until after the election was over.  They do it all the time.  The time to expose this and the manner to do so is to get out in front of it.  You should be contacting writers, blogers, conservative tv and investigative reporters and sharing this information with them.  It will only take one or 2 of them to pick up the story and if it has legs watch out.  The people calling the shots on this willl not want their dirty laundry and their names exposed.  They are all about containment.

They want to be big people here.  But if they exposed and shamed on the Big National Stage they will lose.

[Rod Morrill]

Patricia and CJ,

 

You two are fantastic in finding this and so much more in all of these discussions.

 

It demonstrates "what a line I have been fed" by OGC on just such matters.

 On another note that I have communicated to you and that is the Halls of City Hall have be "rattled" and the people are hearing what you have found and declared and as they are now starting to stomp their foot and say NO! so that the "ground is trembling".

 

May I suggest another of your excellent e-mail statements of these observations of law and again addressing to All City Council Members (Old and New), the Office of General Counsel and all forms of the media to include the news and opinion sections of printed, radio and television media.

 

I suggest another form of that with an invitation for the media to attend a presentation to the press of these matters before the City Council Meeting (4:00 - during Agenda Meeting) across the street from the entrance of City Hall.  This could be used for their evening distribution on-the air and on-line.

 

I will e-mail both of you some details.

 

I hope my ideas are not an imposition or intrusion.

 

Rod

[Patricia M. McBride]

Thank you CJ.  You are a sweetheart.  I know I sent this and other stuff over you airwaves, but I know there are a few folks that read this and don't always write something, so for them, I will post some of what I sent to you.

 

For any of you who looked at these bills, they waived and put a number of what they waived, but nothing beyond that and it was done almost as an afterthought.  

All waivers or exceptions of the Ordinance Code, or any ordinance, policy, procedure, or covenant shall be set forth in a separately identified section of the proposed ordinance with a heading in bold identifying the section number and title of the ordinance, policy, procedure, or covenant, in substantially the following form: “Section __. Section ___ (________), Ordinance Code Waived or Exception Provided.” The content of the separate section proposing waiver of the Ordinance Code or any ordinance, policy, procedure, or covenant shall include the section number and title or ordinance, policy, procedure, or covenant waived, a description of what the waived language requires, and a full explanation of the reason for waiving the particular requirement.

all we got was they waived 122! I don't think so. It's out there and I am working on it, but that is not adequate information for the public who will not know what 122 is or what waiving it means which by their own rules should have been clearly explained!

[CJ]

Oooh  ATTA Girl! Good job Ms. McBride

[Patricia M. McBride]

I didn't want to flood this page, so I will quit for now, but it would appear that anyone who holds property within the area where the attempt to change the zoning designation of land has to receive 30 days notice prior to the ordinance being introduced.

[Patricia M. McBride]

RULE 3.505 NOTICE TO REAL PROPERTY OWNER
In the case of an ordinance introduced by a Council Member or a committee that rezones private real property involving less than five per cent of the total land area of the City, the Legislative Services Division shall, as soon as the bill is received for introduction, mail a notice of proposed rezoning and public hearing to the owner of the real property that will be rezoned by the ordinance, and to each such owner if there is more than one owner of record, in the manner prescribed by Section 166.041(3)(c)1, Florida Statutes. In the case of an ordinance introduced by a Council Member or a committee that rezones private real property involving more than five percent of the total land area of the City, the Legislative Services Division shall not mail any notice to any owner of the real property that will be rezoned by the ordinance; in lieu thereof, shall publish the statutory notice provided for by Section 166.041(3)(c)(2), Florida Statutes (see below).

Florida Statute 166.041 Procedures for adoption of ordinances and resolutions.— (notable excerpts from this statute)

(2) Each ordinance or resolution shall be introduced in writing and shall embrace but one subject and matters properly connected therewith. The subject shall be clearly stated in the title.

(3)(a) Except as provided in paragraph (c), a proposed ordinance may be read by title, or in full, on at least 2 separate days and shall, at least 10 days prior to adoption, be noticed once in a newspaper of general circulation in the municipality. The notice of proposed enactment shall state the date, time, and place of the meeting; the title or titles of proposed ordinances; and the place or places within the municipality where such proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance.

(b) The governing body of a municipality may, by a two-thirds vote, enact an emergency ordinance without complying with the requirements of paragraph (a) of this subsection. However, no emergency ordinance or resolution shall be enacted which establishes or amends the actual zoning map designation of a parcel or parcels of land or that changes the actual list of permitted, conditional, or prohibited uses within a zoning category. Emergency enactment procedures for land use plans adopted pursuant to part II of chapter 163 shall be pursuant to that part.

^[1](c) Ordinances initiated by other than the municipality that change the actual zoning map designation of a parcel or parcels of land shall be enacted pursuant to paragraph (a). Ordinances that change the actual list of permitted, conditional, or prohibited uses within a zoning category, or ordinances initiated by the municipality that change the actual zoning map designation of a parcel or parcels of land shall be enacted pursuant to the following procedure:

1. In cases in which the proposed ordinance changes the actual zoning map designation for a parcel or parcels of land involving less than 10 contiguous acres, the governing body shall direct the clerk of the governing body to notify by mail each real property owner whose land the municipality will redesignate by enactment of the ordinance and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed ordinance as it affects that property owner and shall set a time and place for one or more public hearings on such ordinance. Such notice shall be given at least 30 days prior to the date set for the public hearing, and a copy of the notice shall be kept available for public inspection during the regular business hours of the office of the clerk of the governing body. The governing body shall hold a public hearing on the proposed ordinance and may, upon the conclusion of the hearing, immediately adopt the ordinance.

2. In cases in which the proposed ordinance changes the actual list of permitted, conditional, or prohibited uses within a zoning category, or changes the actual zoning map designation of a parcel or parcels of land involving 10 contiguous acres or more, the governing body shall provide for public notice and hearings as follows:

a. The local governing body shall hold two advertised public hearings on the proposed ordinance. At least one hearing shall be held after 5 p.m. on a weekday, unless the local governing body, by a majority plus one vote, elects to conduct that hearing at another time of day. The first public hearing shall be held at least 7 days after the day that the first advertisement is published. The second hearing shall be held at least 10 days after the first hearing and shall be advertised at least 5 days prior to the public hearing.

b. The required advertisements shall be no less than 2 columns wide by 10 inches long in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be placed in a newspaper of general paid circulation in the municipality and of general interest and readership in the municipality, not one of limited subject matter, pursuant to chapter 50. It is the legislative intent that, whenever possible, the advertisement appear in a newspaper that is published at least 5 days a week unless the only newspaper in the municipality is published less than 5 days a week. The advertisement shall be in substantially the following form:

Except for amendments which change the actual list of permitted, conditional, or prohibited uses within a zoning category, the advertisement shall contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the general area.

c. In lieu of publishing the advertisement set out in this paragraph, the municipality may mail a notice to each person owning real property within the area covered by the ordinance. Such notice shall clearly explain the proposed ordinance and shall notify the person of the time, place, and location of any public hearing on the proposed ordinance.

[Patricia M. McBride]

sections of interest in this rule:

 

RULE 3.502 TIMES FOR PUBLICATION

(a) Matters Required To Be Published. The following matters shall be published in the manner provided in this Part:
(1) The titles of all ordinances introduced into the Council and not passed as emergency measures immediately upon introduction, including ordinances that rezone private real property.
(2) The titles of all resolutions considering applications for developments of regional impact.
(3) The statutory notices required by Florida Statutes.
(b) Matters Which May Be Published. Any other matter may be published at the direction of the President, the Council or any committee with respect to its business.

Official advertisements and notices shall be published for the prescribed period of time in a newspaper which meets the requirements of Sections 50.011 and 50.031, Florida Statutes (see below), for publication of legal and official advertisements. Unless otherwise prescribed by law or directed by the President, Council or committee, an official advertisement or notice shall be published once only and, wherever possible, matters to be published concerning the same ordinance or resolution shall be published in a single advertisement or notice. Publication by posting at three different places in the City shall not be made, unless specifically ordered in addition to publication in a newspaper.

Florida Statutes 50.011 - Where and in what language legal notices to be published 

Whenever by statute an official or legal advertisement or a publication, or notice in a newspaper has been or is directed or permitted in the nature of or in lieu of process, or for constructive service, or in initiating, assuming, reviewing, exercising or enforcing jurisdiction or power, or for any purpose, including all legal notices and advertisements of sheriffs and tax collectors, the contemporaneous and continuous intent and meaning of such legislation all and singular, existing or repealed, is and has been and is hereby declared to be and to have been, and the rule of interpretation is and has been, a publication in a newspaper printed and published periodically once a week or oftener, containing at least 25 percent of its words in the English language, entered or qualified to be admitted and entered as periodicals matter at a post office in the county where published, for sale to the public generally, available to the public generally for the publication of official or other notices and customarily containing information of a public character or of interest or of value to the residents or owners of property in the county where published, or of interest or of value to the general public.

s. 2, ch. 3022, 1877; RS 1296; GS 1727; s. 1, ch. 5610,

Florida Statutes 50.031 - Newspapers in which legal notices and process may be published

No notice or publication required to be published in a newspaper in the nature of or in lieu of process of any kind, nature, character or description provided for under any law of the state, whether heretofore or hereafter enacted, and whether pertaining to constructive service, or the initiating, assuming, reviewing, exercising or enforcing jurisdiction or power, by any court in this state, or any notice of sale of property, real or personal, for taxes, state, county or municipal, or sheriff’s, guardian’s or administrator’s or any sale made pursuant to any judicial order, decree or statute or any other publication or notice pertaining to any affairs of the state, or any county, municipality or other political subdivision thereof, shall be deemed to have been published in accordance with the statutes providing for such publication, unless the same shall have been published for the prescribed period of time required for such publication, in a newspaper which at the time of such publication shall have been in existence for 1 year and shall have been entered as periodicals matter at a post office in the county where published, or in a newspaper which is a direct successor of a newspaper which together have been so published; provided, however, that nothing herein contained shall apply where in any county there shall be no newspaper in existence which shall have been published for the length of time above prescribed. No legal publication of any kind, nature or description, as herein defined, shall be valid or binding or held to be in compliance with the statutes providing for such publication unless the same shall have been published in accordance with the provisions of this section. Proof of such publication shall be made by uniform affidavit.

ss. 1-3, ch. 14830, 1931; CGL 1936 Supp. 4274(1); s. 7,

[Patricia M. McBride]

There are sections of this rule, that are note worthy

 

RULE 3.102 PREPARATION OF BILLS

(3) Each section of the bill shall be numbered and contain but one proposition of enactment. Section headings may be provided where necessary to prevent confusion or provide information, but such headings shall be considered for information purposes only and not to constitute a part of the section.

(e) Ordinance Code, Ordinance, Policy, Procedure, or Covenant Waivers. The provisions of the Ordinance Code, or any ordinance, policy, procedure, or covenant may only be waived by ordinance. All waivers or exceptions of the Ordinance Code, or any ordinance, policy, procedure, or covenant shall be set forth in a separately identified section of the proposed ordinance with a heading in bold identifying the section number and title of the ordinance, policy, procedure, or covenant, in substantially the following form: “Section __. Section ___ (________), Ordinance Code Waived or Exception Provided.” The content of the separate section proposing waiver of the Ordinance Code or any ordinance, policy, procedure, or covenant shall include the section number and title or ordinance, policy, procedure, or covenant waived, a description of what the waived language requires, and a full explanation of the reason for waiving the particular requirement.

(f) Emergencies. All ordinances intended to be passed by emergency in accordance with these rules shall articulate the reasons for moving the ordinance as an emergency in a separately identified section of the proposed ordinance with a heading in bold identifying the section number and title in substantially the following

form:  “Section __. Rule 4.901 Emergency.”
(g) Surplus Property Legislation. All legislation surplussing real or personal property of the City shall contain:
(1) For real property, an attached certificate from the Chief of Real Estate that all Chapter 122 requirements have been met, and if not, the requirements not met and the reasons therefore.
(2) For personal property, an attached certificate from the Director of Procurement that all Chapter 122 (Public Property) or Chapter 126 (Procurement) requirements have been met, and if not, the requirements not met and the reasons therefore.
(3) For all property, an estimation of the value of the property and whether the value is supported by an appraisal.