Comment

Comment by CJ on June 11, 2011 at 8:19pm

Im slap happy from reading laws. bill 383 is on the agenda to be introduced. it changes and increases the boundaries of the Enterprise Zone.

 

Comment by J.R. on June 11, 2011 at 8:17pm

CJ, I'm not real clear who actually are the "they" you are referring to on the Enterprise Zone boundary changes, but I do know it can't be done without proper notice and a public hearing with opportunity for Duval County citizens to be heard on the matter. They can't just take it upon themselves to change the boundaries of an Enterprise Zone simply because they need to in order to get their Everbank/El Ad Group/Parador Partners, LLc deal through.

Boundary changes have to be approved by DHEC, even if they're done by resolution. DHEC is no pushover and they will, upon a valid complaint, vigorously investigate. I saw an example of that with an asbestos issue in another state, and DHEC was all over it like white on rice and made a school district take care of that problem they were trying to hide.

And Council members absolutely can be removed from office for failure to follow the statutes, ordinances, Codes of Ethics, and required rules, and procedures. Operating dishonestly and outside the law is moral turpitude and a violation of their fiduciary duty and trust. And, there are actually criminal codes that address that. The Mayor, Commission appointees, and Council members need to be made to clearly see that we mean business and will be holding their feet to the fire.

And, as for appointees who serve on commissions like the JEDC, they are appointed by the Mayor, they aren't elected. We just have to document what they do, file a complaint, make it a highly visible public issue, and demand that the Mayor remove them. If he refuses, then we have an issue with him, also. That's when we move on up the chain, get state agencies involved and request/demand investigations. Those agencies are there to serve the public, too, and our tax monies pay them, just like they pay officials on the local level.

And, no commission members---or City Council members---should be voting consistently in lock step like the JEDC did on June 9th. Every vote they took was unanimous, and I believe the votes were all agreed upon prior to the meeting... pre-voted, so to speak. They were no more than a rubber stamp for the Mayor. That's totally unacceptable.

As for Bill 11 - 383 being taken off the Agenda, and the boundaries changed on the map without going through required procedural steps, including open meetings with public input/comments and a vote taken---whether for a bill or a resolution---a certified letter should be sent to the Mayor demanding a recission of those unlawfully-made boundary changes. They don't get to pass a resolution in private, and then put it into effect behind the public's backs. If he refuses, then we take it to a level where it can be corrected. If they're allowed to operate this way, we don't have a representative local government.

Comment by J.R. on June 11, 2011 at 8:17pm

CJ, I'm not real clear who actually are the "they" you are referring to on the Enterprise Zone boundary changes, but I do know it can't be done without proper notice and a public hearing with opportunity for Duval County citizens to be heard on the matter. They can't just take it upon themselves to change the boundaries of an Enterprise Zone simply because they need to in order to get their Everbank/El Ad Group/Parador Partners, LLc deal through.

Boundary changes have to be approved by DHEC, even if they're done by resolution. DHEC is no pushover and they will, upon a valid complaint, vigorously investigate. I saw an example of that with an asbestos issue in another state, and DHEC was all over it like white on rice and made a school district take care of that problem they were trying to hide.

And Council members absolutely can be removed from office for failure to follow the statutes, ordinances, Codes of Ethics, and required rules, and procedures. Operating dishonestly and outside the law is moral turpitude and a violation of their fiduciary duty and trust. And, there are actually criminal codes that address that. The Mayor, Commission appointees, and Council members need to be made to clearly see that we mean business and will be holding their feet to the fire.

And, as for appointees who serve on commissions like the JEDC, they are appointed by the Mayor, they aren't elected. We just have to document what they do, file a complaint, make it a highly visible public issue, and demand that the Mayor remove them. If he refuses, then we have an issue with him, also. That's when we move on up the chain, get state agencies involved and request/demand investigations. Those agencies are there to serve the public, too, and our tax monies pay them, just like they pay officials on the local level.

And, no commission members---or City Council members---should be voting consistently in lock step like the JEDC did on June 9th. Every vote they took was unanimous, and I believe the votes were all agreed upon prior to the meeting... pre-voted, so to speak. They were no more than a rubber stamp for the Mayor. That's totally unacceptable.

As for Bill 11 - 383 being taken off the Agenda, and the boundaries changed on the map without going through required procedural steps, including open meetings with public input/comments and a vote taken---whether for a bill or a resolution---a certified letter should be sent to the Mayor demanding a recission of those unlawfully-made boundary changes. They don't get to pass a resolution in private, and then put it into effect behind the public's backs. If he refuses, then we take it to a level where it can be corrected. If they're allowed to operate this way, we don't have a representative local government.

Comment by CJ on June 11, 2011 at 6:54pm

JR I was wrong about the 180 days. Its 1/4 of the term. Believe it or not I wrote Marco Rubio about whats going on and said we expected elections to be different. Waiting a whole year will be insufferable. I asked him if he would meet with me the next time he was in his Jax Office. I sent that yesterday. Its hard to say when he will reply but he has always replied in the past.

Also I have contacted the Office of Community Affairs when Jack Webb was trying to waive concurrency and fees for developers. I brought compelling reasons to light as to the law waiving concurrency but a bad economy was not one of them. They  didnt see it my way and said the law doesnt say it cant waive for a bad economy either. Last I heard tho it is being withdrawn.  :)

Comment by J.R. on June 11, 2011 at 6:28pm

Please note that there is not one word in the below article that references El-Ad Group, a multi-billion dollar international corporation that is licensed with the FL Dept. of State, and owns the commercial real estate property that is proposed to be leased to EverBank, whose lease payments would be forcibly subsidized by taxpayers.

El-Ad Group is a subsidiary of Delek Group, its parent multi-billion dollar international conglomerate headquartered in Israel, with assets of approximately $4 Billion, and owned by Yitzhak Tshuva.

Delek owns El Ad Group, as well as El Ad Properties in New York and in Tel Aviv, Israel. Delek also owns Delek Petroleum, Ltd., four oil refineries in the U.S., including: El Dorado (Lion Oil), El Dorado, Arkansas; Smackover Refinery (Cross Oil); Bradford Refinery (American Refining Group) Three Rivers, Texas; and Tyler Refinery (Delek Refining, Ltd.) Tyler, Texas. Delek U.S. Holdings, Inc. took over marketing for Chevron Global Energy, Inc., including 869 fueling stations, mostly in the Texaco Brand.

Delek also owns Green Venture Capital, LLC; YT America Israel Investments, Ltd., commercial and residential buildings in the U.S. and Canada, as well as El Ad Hotels, Ltd. in those two countries and others.

El Ad Properties bought the Plaza Hotel in New York City for $675M, converted it to condos, and recently sold one residence in the building at a record price of $50M.

The above holdings are a small number of the total, that also even include desalinization operations in multiple countries including Israel, India and China.

As to EverBank, there was a class action lawsuit against them in California related to Icelandic currency denominated Certificates of Deposit, where investors suffered a net loss of almost $50M over a five year period, at an average lost of $18K per investor.

Everbank supports both UNF and the Jacksonville Jaguars, and launched a milestone strategic partnership with them. EverBank also has a connection to the Weavers through their five-year exclusive agreement with the Jaguars corporation, including purchase of naming rights for EverBank Field beginning in 2010 NFL season---for signage, business presence, marks, community outreach initiatives, media rights and placement of ATMs at the stadium.

Some of these supporters for the EverBank sweet deal look like a laundry list of the turncoat RINOS who endorsed and voted for Alvin Brown, including Mayor Peyton, former Mayor Delaney, and Doris Weaver who are both on Alvin Brown's transition team. And Alvin Brown used to work for Winn Dixie, in one of their 500 supermarkets, five of which sell gas.

So where does Winn Dixie get their gas for these 5 stores? And where does Gate Petroleum get the gas for all their GATE gas stations? Does any of it come from Delek Group through their subsidiaries' refineries and other gas/petroleum sources, perhaps through front companies? Delek Group is big into petroleum and refineries. Could it be that there is a connective thread that ties all of them to El Ad Group that owns the property EverBank wants taxpayers to subsidize their renovating and moving into, with El Ad Group as their landlord?

There was also not one word about El Ad Group in the JEDC's lengthy EverBank and Parador presentations. Parador Partners, LLC is just the owner of the parking garage property to be subsidized by taxpayers for the benefit of El Ad, EverBank and Parador Partners, LLC.

Since El Ad Group owns the building to be renovated and moved into, shouldn't they have been made a part of the public presentations and included in all the information given to the media and published on the City of Jacksonville and JEDC website pages? Doesn't the public have a right to know how much we will be forced to subsidize on El Ad Group's behalf?

Below are links to articles and search results that you might find interesting:

"EverBank considers moving downtown as new legislation is introduced"
http://www.wokv.com/news/news/local/everbank-considers-moving-downt...

http://jacksonville.com/business/2011-06-09/story/jedc-approves-275...

EverBank's $535 million cash hoard
http://www.bizjournals.com/jacksonville/stories/2009/11/02/story1.html

JEDC approves $2.75M subsidy for EverBank to move downtown http://jacksonville.com/business/2011-06-09/story/jedc-approves-275...

Comment by Patricia M. McBride on June 11, 2011 at 6:17pm

CJ, Community Affairs?   A lot of this is brand new to me (everyone has to start somewhere though I guess)

Comment by J.R. on June 11, 2011 at 5:29pm

You're right, Patricia. I don't like it. These violations need to be included in our ethics complaints and other complaints about the JEDC, City Council and Mayor not following and enforcing applicable statutes, rules, procedures and ordinances as they are required by law to do, including their ignoring prohibitions to their violating the Florida Sunshine statute, with regard to meetings and their deliberate failure to disclose all information related to a bill to the taxpayers at their first first meeting that it is on the Agenda.

The JEDC and City Council are required to have public meetings for the very reason that the public has a right to know everything they are doing and what statutes and ordinances their decisions are based upon. On every single bill that is passed, they need to provide within it the constitutional and statutory authority that supports passage of the bill and the actions that will be taken pursuant to passage of it.

We can inform the incoming Council members, some of whom were re-elected, they are on 180 days probation. And we can have our recall petitition initiatives signed and ready to be filed on the 181st day of their new term. It will be a breeze getting that number of signatures, and getting them certified, as compared to the number you have to get to have to get an Amendment added to the general election ballot for it to be voted on. And, we're going to be the taxpayers' watchdogs watching everything they do until then.

Comment by CJ on June 11, 2011 at 3:02pm

Im glad to see they pulled the Artwork for the new courthouse. I fought that from day one and wrote tirelessly to and addressed Council numerous times using none other than Code 126.  Funny how they pick and choose the parts of the law that suits their needs then waive or ignore the rest.

 

Has anyone written the Dept of Community  Affairs yet?

Comment by CJ on June 11, 2011 at 2:48pm

Yes also remember this.. what is being done for EverBank is being done for Kamen Aerospace Corp. in Bill 384 BUT they are redrawing the Brownfield/ Enterprise boundries in bill 383 to accommodate them. 

City has arranged for these company's to receive benefits but not follow or have waived the needed requirements to qualify,  while not following riles themselves or notifying State or local offices in advance ie Local Environmental Agency, Fl Tourism

Patricia the Municipal Code you are refering to is

Sec. 651.107. - Permit and inspection expedited.

Upon submission of complete plans and drawings meeting minimum City standards for review, the plans shall be expeditiously reviewed by each agency of the City. The expedited review process shall not modify, qualify or otherwise alter agency nonprocedural standards for permit approval unless expressly authorized by law. In addition, the expedited permit review process shall not assure or guarantee approval of any permit. Required inspections by the agency shall also be expeditiously conducted during the development and construction phase of the project so as not to detrimentally affect the development and construction of the same.

(Ord. 98-633-E, § 1)

 

FS 376.84  Brownfield redevelopment economic incentives.--It is the intent of the Legislature that brownfield redevelopment activities be viewed as opportunities to significantly improve the utilization, general condition, and appearance of these sites. Different standards than those in place for new development, as allowed under current state and local laws, should be used to the fullest extent to encourage the redevelopment of a brownfield. State and local governments are encouraged to offer redevelopment incentives for this purpose, as an ongoing public investment in infrastructure and services, to help eliminate the public health and environmental hazards, and to promote the creation of jobs in these areas. Such incentives may include financial, regulatory, and technical assistance to persons and businesses involved in the redevelopment of the brownfield pursuant to this act.

(1)  Financial incentives and local incentives for redevelopment may include, but not be limited to:

(a)  Tax increment financing through community redevelopment agencies pursuant to part III of chapter 163.

(b)  Enterprise zone tax exemptions for businesses pursuant to chapters 196 and 290.

(c)  Safe neighborhood improvement districts as provided in ss. 163.501-163.523.

(d)  Waiver, reduction, or limitation by line of business with respect to occupational license taxes pursuant to chapter 205.

(e)  Tax exemption for historic properties as provided in s. 196.1997.

(f)  Residential electricity exemption of up to the first 500 kilowatts of use may be exempted from the municipal public service tax pursuant to s. 166.231.

(g)  Minority business enterprise programs as provided in s. 287.0943.

(h)  Electric and gas tax exemption as provided in s. 166.231(6).

(i)  Economic development tax abatement as provided in s. 196.1995.

(j)  Grants, including community development block grants.

(k)  Pledging of revenues to secure bonds.

(l)  Low-interest revolving loans and zero-interest loan pools.

(m)  Local grant programs for facade, storefront, signage, and other business improvements.

(n)  Governmental coordination of loan programs with lenders, such as microloans, business reserve fund loans, letter of credit enhancements, gap financing, land lease and sublease loans, and private equity.

(o)  Payment schedules over time for payment of fees, within criteria, and marginal cost pricing.

(2)  Regulatory incentives may include, but not be limited to:

(a)  Cities' absorption of developers' concurrency needs.

(b)  Developers' performance of certain analyses.

(c)  Exemptions and lessening of state and local review requirements.

(d)  Water and sewer regulatory incentives.

(e)  Waiver of transportation impact fees and permit fees.

(f)  Zoning incentives to reduce review requirements for redevelopment changes in use and occupancy; establishment of code criteria for specific uses; and institution of credits for previous use within the area.

(g)  Flexibility in parking standards and buffer zone standards.

(h)  Environmental management through specific code criteria and conditions allowed by current law.

(i)  Maintenance standards and activities by ordinance and otherwise, and increased security and crime prevention measures available through special assessments.

(j)  Traffic-calming measures.

(k)  Historic preservation ordinances, loan programs, and review and permitting procedures.

(l)  One-stop permitting and streamlined development and permitting process.

(3)  Technical assistance incentives may include, but not be limited to:

(a)  Expedited development applications.

(b)  Formal and informal information on business incentives and financial programs.

(c)  Site design assistance.

(d)  Marketing and promotion of projects or areas.

 

Title XI COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 163  INTERGOVERNMENTAL PROGRAMS

 6(b)If the local government fails to implement the urban infill and redevelopment plan in accordance with the deadlines set forth in the plan, the Department of Community Affairs may seek to rescind the economic and regulatory incentives granted to the urban infill and redevelopment area, subject to the provisions of chapter 120. The action to rescind may be initiated 90 days after issuing a written letter of warning to the local government.

 

Florida Statute 376.80  refers to Brownfields,Enterprise and hanging boundaries

 

 4.Notice of the proposed rehabilitation of the brownfield area has been provided to neighbors and nearby residents of the proposed area to be designated, and the person proposing the area for designation has afforded to those receiving notice the opportunity for comments and suggestions about rehabilitation. Notice pursuant to this subparagraph must be made in a newspaper of general circulation in the area, at least 16 square inches in size, and the notice must be posted in the affected area; and

5 (c)(4)Local governments or persons responsible for rehabilitation and redevelopment of brownfieldareas must establish an advisory committee or use an existing advisory committee that has formally expressed its intent to address redevelopment of the specific brownfield area for the purpose of improving public participation and receiving public comments on rehabilitation and redevelopment of the brownfield area, future land use, local employment opportunities, community safety, and environmental justice. Such advisory committee should include residents within or adjacent to thebrownfield area, businesses operating within the brownfield area, and others deemed appropriate. The person responsible for brownfield site rehabilitation must notify the advisory committee of the intent to rehabilitate and redevelop the site before executing the brownfield site rehabilitation agreement, and provide the committee with a copy of the draft plan for site rehabilitation which addresses elements required by subsection (5). This includes disclosing potential reuse of the property as well as site rehabilitation activities, if any, to be performed. The advisory committee shall review any proposed redevelopment agreements prepared pursuant to paragraph (5)(i) and provide comments, if appropriate, to the board of the local government with jurisdiction over thebrownfield area. The advisory committee must receive a copy of the executed brownfield site rehabilitation agreement. When the person responsible for brownfield site rehabilitation submits a site assessment report or the technical document containing the proposed course of action following site assessment to the department or the local pollution control program for review, the person responsible for brownfield site rehabilitation must hold a meeting or attend a regularly scheduled meeting to inform the advisory committee of the findings and recommendations in the site assessment report or the technical document containing the proposed course of action following site assessment.

 

Florida Statute 290.0055  TITLE XIX Public Business Ch 290 urban development

 (6)(a)The office may approve a change in the boundary of any enterprise zone which was designated pursuant to s. 290.0065. A boundary change must continue to satisfy the requirements of subsections (3), (4), and (5).

 (b)Upon a recommendation by the enterprise zone development agency, the governing body of the jurisdiction which authorized the application for an enterprise zone may apply to the office for a change in boundary once every 3 years by adopting a resolution that:

 1.States with particularity the reasons for the change; and

 2.Describes specifically and, to the extent required by the office, the boundary change to be made.

 (c)At least 90 days before adopting a resolution seeking a change in the boundary of anenterprise zone, the governing body shall include in a notice of the meeting at which the resolution will be considered an explanation that a change in the boundary of an enterprise zone will be considered and that the change may result in loss of enterprise zone eligibility for the area affected by the boundary change.

 

 

Comment by Patricia M. McBride on June 11, 2011 at 1:44pm

JR, you are not going to be happy, but there is more of this going on.  Read this  http://www.jaxdailyrecord.com/showstory.php?Story_id=533768&sea... 

I posted a blog on it but not approved as yet.  Violation of ord 126 yet again

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