The City Council Auditor’s Office has issued a seven-page list of questions, concerns and amendments regarding Mayor Alvin Brown’s economic reform legislation, including that the powers for a new Downtown Investment Authority “are very broad with little or no oversight.”
Three Council committees are scheduled to discuss the proposed legislation this week.
Discussion of both ordinances was deferred Monday in the Rules Committee because of time constraints.
Council member Bill Bishop, chairman of the committee, said he would schedule a special meeting to discuss the legislation.
Bishop also said he did not expect the two pieces of legislation to emerge from Council during the April 24 meeting, the first opportunity it would have to do so.
“I would suggest the likelihood of this coming out next Tuesday night is slim and none,” Bishop said during the meeting.
The reform is written in two pieces of legislation.
The first, 2012-212, would repeal the Jacksonville Economic Development Commission and transition many of its duties into a new Office of Economic Development.
It also would create an independent Downtown Investment Authority with a nine-member board that focuses on Downtown projects.
The second, 2012-213, speeds up Council review of economic development deals and proposes a closing fund that would allow the mayor to release incentives that would help a company make a decision.
Administration officials have pushed for expediency to better compete with other cities and reduce the time it takes for deals to be completed from 10 weeks to around four to five weeks.
The auditor’s comments reflect questions, concerns and technical amendments in the legislation.
The auditor also asked the administration to provide a list of assets that will be transferred to the authority and to provide an organizational chart.
Questions include:
• Does the City have the authority to create an independent agency?
• Where will the funds come from to operate this agency? City dollars?
• Where will the Office of Economic Development be housed?
• Has the Jacksonville Economic Development Commission ever issued bonds?
• Why should the authority be able to issue bonds? This is a City function.
• Will this authority have taxing ability or will it be able to impose fees?
• How many employees will be under the Office of Economic Development?
• Will the authority manage City employees? If so, then how is the authority an independent agency?
• If the authority is sued, who would pay for the judgment?
• Should the City allow someone besides the mayor or designee to authorize or execute contracts and other documents?
• What are the qualifications of the Chief Executive Officer appointed by the authority?
• Why should the authority be given such broad authority over public facilities without Council review and approval?
• Should direct marketing of City-sponsored events be a function of the Office of Economic Development or Special Events?
• What is the role of Downtown Vision Inc.?
• What’s the definition of “hospitality expenses”?
• Why is the definition of “project” so broad? What is the intent?
• Is the authority’s intent to perform the work or provide incentives?
• Who deems a board member’s office vacant?
• What property will be leased?
• What is the intent of allowing the authority broad real estate authorization?
• When would outside private counsel be employed?
• What’s the authority’s intent regarding Real Property?
• Will the authority be constructing roads?
• What is the intent of allowing the authority to modify streets and roads?
• What is the intent in allowing the authority to dispose of assets and properties?
• What funds would be “deposited to” the redevelopment trust fund?
Concerns include:
• Major concern is the powers given to the authority are very broad with little or no oversight.
• The Office of Economic Development Chief Operating Officer appointment does not require Council approval and qualifications are not listed.
• Will the meeting of the mayor and City Council president for the purpose of distributing funds be a Sunshine Law issue?
• In consideration of a recently passed resolution about the Equestrian Center, does Council want the office to manage the facility?
• The authority has broad power to execute agreements.
• Is the Downtown Development Review Board to be dissolved and if so, where will appeals be heard?
• The leasing of property is a function of the City Real Estate Office and requires Council approval.
• The acquisition of property should be approved by Council.
Recommended amendments include:
• Due to the number of responsibilities, the chief operating officer should be confirmed by Council.
• All of the powers and duties of the chief executive officer of the authority should be Council-confirmed.
• Delete the reference to bonding responsibilities of the office.
• All financial transactions should be in accordance with the Municipal Code regarding budgeting, procurement and Council approval.
• Limit incentives to just Duval County.
• Require real estate transactions to be approved by Council and limit the authority’s requested real estate transactions to Downtown boundaries.
• Delete authorization for eminent domain in its entirety.
• Require economic development legislation on a shortened cycle to be taken up after public comment at a full Council meeting and include an unadvertised public hearing.
• Require all new economic development legistlation filed requesting a reduced cycle be posted on a City main website, clearly identifying the bill as a one- or two-step bill and include a link to the bill at Legislative Services.
• Identify the Council’s Economic Development Investment Committee as the Finance Committee.
Bishop said Monday he had just received the auditor’s information and could not comment and was not prepared to discuss his personal specifics of economic development reform.
The legislation is scheduled to be discussed today at 9 a.m. by the Finance Committee and at 2 p.m. by the Recreation, Community Development, Public Health and Safety Committee.
356-2466