Transportation, Energy & Utilities Committee

City of Jacksonville 117 W. Duval Street Jacksonville, FL 32202 Agenda - Revised Marked Tuesday, February 7, 2023 2:00 PM Council Chamber, 1st Floor, City Hall Transportation, Energy & Utilities Committee Ju’Coby Pittman, Chair Joyce Morgan, Vice Chair Matt Carlucci LeAnna Cumber Aaron Bowman Randy DeFoor Reggie Gaffney, Jr. Legislative Assistant: Steven Libby Council Auditor's Office: Edward Linsky Council Research: Jeff Clements Office of General Counsel: Carla Lopera Administration: Rachel Zimmer Planning Dept.: Laurie Santana Transportation, Energy & Utilities Agenda - Revised Marked February 7, 2023 Committee Meeting Convened: Meeting Adjourned: Attendance: Presentation by Elizabeth Payne, Northeast Florida Regional Council Item/File No. Title History 1. 2022-0416 ORD Reapprop $94,875,967.35 from CIPs that have been Certified Complete AMEND by the Director of Public Works & Closed, Their Residual Balances Returned to the Source or Sources of Origin, & Placed in a Contingency Account, Contact: Transferring $38,920,804.62 btwn Expense Accounts Among Various Projs Joey Greive/ within the Better Jax Plan Fund to Complete Outstanding Projs as Described in Paul Barrett the Work Plan, & Auth Borrowing from the City’s Commercial Paper Facility &/or Issuance of Fixed-Rate Debt in the Cumulative, Not-To-Exceed Amt of See separate $85,063,552.37 & Approp Thereof to Prov Funds for Capital Improvements; Auditor handout Amend 2021-504-E, the FY 2021 Budget Ord, to Replace 4th Revised Scheduled B4, the FY 2021-2022 Debt Management Fund Detail, & Revised 2/3 vote required Scheduled B4b, the FY 2021-2022 Capital Improvements Projs Funded Via by Council Borrowing, to Auth the Borrowing &/or the Issuance of Fixed-Rate Debt for the Projs as set Forth in the Better Jax Work Plan; Amend the 2022-2026 5-Yr Capital Improvement Prog Apv’d by Ord 2021-505-E; Prov for City Oversight by the Dept of Public Works (Sawyer) (Introduced by CP at Req of Mayor) 5/24/22 CO Introduced: F, TEU 6/6/22 TEU Read 2nd & Rerefer 6/7/22 F Read 2nd & Rerefer 6/14/22 CO PH Read 2nd & Rerefer: TEU, F 2/7/23 F Amend/Approve 7-0 Public Hearing Pursuant to Chapt 166, F.S. & C.R. 3.601- 6/14/22 Page 1 of 11 Transportation, Energy & Utilities Agenda - Revised Marked February 7, 2023 Committee AMENDMENT 1. Correct dollar figures to reflect amounts being appropriated to complete the remaining $278 million of BJP projects 2. Correct borrowing amount increase from $85,063,552.37 to $154,869,342.48 3. Attach Revised Exhibit 1 (Projects to be funded via borrowing) to include additional projects 4. Attach Revised Exhibit 2 (BT) to reflect updated project costs funded through an increase in borrowing and re-appropriating dollars within current BJP projects 5. Attach Revised Exhibit 3 (Budget Ord. B4 borrowing schedules) to reflect increase in borrowing 6. Attach Revised Exhibit 4 (CIP Sheets) to reflect changes in project funding to match BT Establishes budgetary capacity within remaining BJP projects to allow projects to proceed forward by: • Appropriating dollars from completed BJP projects • Transferring dollars to appropriated accounts with BJP projects • Authorizing borrowing for BJP projects above $1.5 billion 2. 2022-0574 ORD-MC Amending Chapt 804 (Jacksonville Traffic Code), Ord Code, to NCSPHS Create a new Pt 17 (Pedestrian & Vehicle Safety); Prov a Statement of SUBSTITUTE Legislative Intent; Prov Procedures for Enforcement; Prov for Penalties (Young) (Introduced by CM Carrico) (Co-Sponsor CM Ferraro) Contact: 7/26/22 CO Introduced: NCSPHS, TEU CM Carrico 8/1/22 NCSPHS Read 2nd & Rerefer 8/2/22 TEU Read 2nd & Rerefer 8/9/22 CO PH Read 2nd & Rerefer 2/6/23 NCSPHS Substitute/Approve 6-1 (Gaffney Jr.) Public Hearing Pursuant to Chapt 166, F.S. & C.R. 3.601- 8/9/22 Page 2 of 11 Transportation, Energy & Utilities Agenda - Revised Marked February 7, 2023 Committee NCSPHS SUBSTITUTE: 1. Amends Sections 804.806 (Pedestrians walking where sidewalks are not provided; not to solicit rides; certain charitable solicitations allowed) and 804.807 (Charitable solicitations by permit) to: a. Modify the permitting process for charitable solicitation along designated roadways and establish permitting for indigent persons and other non-commercial solicitors b. Reduce the age of allowed solicitation participants from 21 to 18 c. Move oversight of the permitting process from the Neighborhoods Department to the Public Works Department d. Extend permit period from 48 hours to 72 hours e. Expand regulation of pedestrians walking in a roadway to also include riders of animals 2. Creates a new section 804.1701 (Pedestrian and Vehicle Safety) to: a. Make it unlawful for pedestrians to occupy or remain in a median for an extended period of time, physically interact with occupant of a motor vehicle while on the traveled portion of a designated roadway, or utilize public right-of way for commercial use b. Provide for exemptions including law enforcement, fire and rescue, or other government employees or contractors acting within the scope of their lawful authority, and a person performing inspection, construction, maintenance, survey, or other legally authorized services c. Establish an exemption for a person or entity in possession of a valid solicitation permit d. Specify penalties and citation procedures, including a civil penalty of up to $100 3. Repeals Section 250.118 (Newspaper street sales allowed) 4. Gives the Traffic Engineering Division 90 days to develop criteria for issuing permits 5. Designates that the first 30 days after enactment shall be a public education period with only warnings being issued 6. Correct scrivener’s errors Page 3 of 11 Transportation, Energy & Utilities Agenda - Revised Marked February 7, 2023 Committee Page 4 of 11 Transportation, Energy & Utilities Agenda - Revised Marked February 7, 2023 Committee 3. 2022-0909 ORD-MC Amend Ch 655 (Concurrency and Mobility Management System), Pt DEFER 1 (General Provisions), Sec 655.102 (Purpose & Declaration of Public Policy), Sec 655.103 (Legislative Findings & Intent), Sec 655.105 (Definitions), Sec At request of 655.106 (Concurrency & Mobility Management System Office (CMMSO)), Sec the Administration 655.107 (Levels of Service & Performance Standards), Sec 655.108 (De Minimis Development), Sec 655.109 (Exemptions; Vested Rights; Permits or Approvals Conferring Vested Rights; Common Law Vested Rights), Sec 655.111 (Concurrency Reservation Certificate Application Process & Review Procedures), Sec 655.112 (Minimum Requirements for CCAS or CRC Approval), Sec 655.114 (Appeals), Sec 655.116 (Schedule of Fees), & Sec 655.122 (Concurrency & Mobility Management System Handbook), Ord Code, to Update the Nomenclature Generated From Amdts to Pt 5, Ch 655, & Adding Definitions; Amend Ch 655 (Concurrency & Mobility Management System), Pt 2 (Jacksonville Development Agreement Regulations), Sec 655.201 (Purpose & Declaration of Public Policy), Sec 655.204 (Definitions), Sec 655.205 (General Requirements), Sec 655.208 (Schedule of Fees), & Sec 655.215 (Existing CRC & CCAS Not Subject to a Development Agreement), Ord Code, to Update the Nomenclature Generated From Amdts to Pt 5, Ch 655; Amend Ch 655 (Concurrency & Mobility Management System), Pt 3 (Fair Share Assessment Procedures), Sec 655.301 (Existing Valid Fair Share Contracts), & Sec 655.309 (Existing CRC & CCAS Not Subject to Fair Share Contract), Ord Code, to Update the Nomenclature Generated From Amdts to Pt 5 Ch 655; Repealing & Reserving Sec 655.302 (Extension of Fair Share Assessment Contracts), Pt 3 (Fair Share Assessment Procedures), Ch 655 (Concurrency & Mobility Management System), Ord Code, in its Entirety; Amend Ch 655 (Concurrency & Mobility Management System), Pt 4 (Public School Concurrency), Sec 655.401 (Purpose & Declaration of Public Policy), Sec 655.404 (Applicability & Exemptions), & Sec 655.406 (Concurrency Service Areas Defined), Ord Code, to Update the Nomenclature Generated From Amdts to Pt 5, Ch 655 & Replace the Three Poor Quality Maps Depicting the Concurrency Srvc Areas With Better Quality Color Maps; Amend Ch 655 (Concurrency & Mobility Management System), Pt 5 (Mobility Fee), Sec 655.501 (Purpose & Declaration of Public Policy), Sec 655.502 (Definitions), Sec 655.503 (Mobility Fee Requirement, Certificate, Application Process & Calculation), Sec 655.504 (Re-Evaluation of Mobility Fee Formula Factors), Sec 655.505 (Deposit of Mobility Fees; Mobility Zones & Appropriation of Mobility Fees), Sec 655.506 (Duration of Mobility Fee Calculation Certificate), Sec 655.509 (Mobility Plan Working Group), & Sec 655.510 (Private Primary & Secondary Educational Schools Exemption), Ord Code, to Codify the Changes Suggested By the Mobility Plan Working Group, Based on Data & Analysis From Resource Systems Group Which Included Add’l Definitions, Reprioritization of the Mobility Projs, Recalculation of the Mobility Fee, Clarification of Trip Reduction Adjustments - the Final Report From the Working Group is Dated 12/21/2020; Repealing Sec 655.507 (Transportation Improvement Projects Constructed By a Landowner or Developer) & Sec 655.508 (Mobility Fee Contract), Pt 5, (Mobility Fee), Ch 655 (Concurrency & Mobility Management Page 5 of 11 Transportation, Energy & Utilities Agenda - Revised Marked February 7, 2023 Committee System), Ord Code, in Their Entirety; Creating a New Sec 655.507 (Mobility Fee Credit), & a New Sec 655.508 (Memorialization of Mobility Fee, Credit, & Trip Reduction) Pt 5, (Mobility Fee), Ch 655 (Concurrency & Mobility Management System), Ord Code, to Codify the Changes Suggested By the Mobility Plan Working Group, Based on Data & Analysis From Resource Systems Group Which Included Restructuring the Goals of the Mobility System to Make Safety the Primary Goal, Add’l Definitions, Revision of Mobility Projs to Concentrate on Safety & Balancing All Modes of Travel, Recalculation of the Mobility Fee, Clarification of Trip Reduction Adjustments, Recalculation of Mobility Fee Credit, & Reducing the Need for Mobility Fee Contracts; Repealing & Reserving Sec 655.511 (Credit for Trip Reduction Adjustments), Pt 5 (Mobility Fee), Ch 655 (Concurrency & Mobility Management System), Ord Code, in its Entirety; Amend Ch 111 (Special Revenue & Trust Accounts), Pt 5 (Public Works, Utilities, & Infrastructure), Sec 111.520 (Concurrency Management System Fund), & Sec 111.546 (Mobility Fee Zone Special Revenue Fund), Ord Code, to Revise the Apportionments Btwn Motorized & Non-Motorized Modes of Transportation; Prov for Codification Instructions (Grandin) (Introduced by CP at Request of Mayor) (PD & PC Apv) 12/13/22 CO Introduced: F, TEU, LUZ 1/4/23 F Read 2nd & Rerefer 1/4/23 TEU Read 2nd & Rerefer 1/4/23 LUZ Read 2nd & Rerefer 1/10/23 CO PH Read 2nd & Rerefer Public Hearing Pursuant to Ch 166, F.S. & CR 3.601 – 1/10/23 4. 2023-0016 ORD Approp $534,628.00 from the 5th St Bridge Replacement Proj to the Tar AMEND Kiln Bridge Proj to Pay for Design & Construction of Guardrail Upgrades & Other Maintenance Items; Amend the 2023-2027 5-Yr CIP Appvd by Ord Contact: 2022-505-E to Reflect this Approp of Funds from the 5th St Bridge Steve Long/ Replacement Proj to the Tar Kiln Bridge Proj (B.T. 23-029) (Staffopoulos) Robin Smith (Introduced by CP at Req of Mayor) 1/10/23 CO Introduced: F, TEU 2/3 vote 1/18/23 F Read 2nd & Rerefer required by 1/18/23 TEU Read 2nd & Rerefer Council 1/24/23 CO PH Read 2nd & Rerefer 2/7/23 F Amend/Approve 7-0 Public Hearing Pursuant to Ch 166, F.S. & C.R. 3.601 - 1/24/23 Page 6 of 11 Transportation, Energy & Utilities Agenda - Revised Marked February 7, 2023 Committee AMENDMENT Attach Revised Exhibit 2 (CIP) to correct prior year appropriations • The availability of City funds within the 5th Street Bridge project is due to the anticipation of State funding 5. 2023-0018 ORD Approp American Rescue Plan Act (ARP Act) 2021 Funds (Originally FINANCE Approp by Ord Code 2022-513-E) in the Amt of $6,490,322 from the ARP - AMEND Contingency Acct to the ARP - Contract Garbage & Recycling Acct to Offset the Estimated Impact to the FY 22-23 Budget Resulting from the 2022 Rate Contact: Review of 2 Residential Solid Waste Contract Haulers (B.T. 23-032) Joey Greive/ (Staffopoulos) (Introduced by CP at Req of Mayor) Will Williams 1/10/23 CO Introduced: F, TEU 1/18/23 F Read 2nd & Rerefer 1/18/23 TEU Read 2nd & Rerefer 1/24/23 CO PH Read 2nd & Rerefer 2/7/23 F Amend/Approve 7-0 Public Hearing Pursuant to Ch 166, F.S. & C.R. 3.601 - 1/24/23 FINANCE AMENDMENT 1. Attach Revised Exhibit 1 (BT) to identify revenue within projects and correct account names 2. Increase Appropriation by $3,923,379 to $10,413,701 • Funding will cover the increased solid waste hauler costs resulting from the 2022 rate review • With the Finance amendment, the annual operating deficit from Solid Waste Operations increases from $11.9 million to $22.3 million for FY 2022/23 Page 7 of 11 Transportation, Energy & Utilities Agenda - Revised Marked February 7, 2023 Committee 6. 2023-0019 ORD Declaring the Public Necessity for Acquiring Fee Simple Title Through DEFER Condemnation by Right of Eminent Domain to Certain Real Propty, a Portion of R.E. #106330-0010 located at 1460 Starratt Rd, Consisting of ± 4,554 Sq Ft, At request of Appraised at $21,900 (the “Property”), as Required for the Starratt/Dunn Creek the Administration Rd Intersection Improvement Proj; Auth the Real Estate Div of Public Works to Make Offers & Negotiate for the Purchase of the Propty; Auth Issuance of a Declaration of Taking; Auth & Direct the OGC to Institute Appropriate Condemnation Proceedings (Dist. 2 - Ferraro) (Boeckman) (Introduced by CP at Req of Mayor) 1/10/23 CO Introduced: F, TEU 1/18/23 F Read 2nd & Rerefer 1/18/23 TEU Read 2nd & Rerefer 1/24/23 CO PH Read 2nd & Rerefer Public Hearing Pursuant to Ch 166, F.S. & C.R. 3.601 - 1/24/23 Page 8 of 11 Transportation, Energy & Utilities Agenda - Revised Marked February 7, 2023 Committee 7. 2023-0020 ORD-MC Relating to the City of Jacksonville’s Procurement Code; Repealing DEFER & Replacing Pt 1 (General Regulations), Pt 2 (Supplies, Contractual Services & Capital Improvements), Pt 3 (Professional Services Contracts), Pt 5 At request of (Extraordinary Critical Purchasing Procedures), Pt 7 (Design-Build Contracts), CM Cumber & Pt 9 (Art in Public Places), Ch 126 (Procurement Code), Ord Code, & Pt 6 (Cultural Service Grant Program), Ch 118 (City Grants), Ord Code, in Their Entirety; Creating a New Pt 1 (General Regulations; Ethics & Transparency in Public Contracting), Pt 2 (Jacksonville Procurement Awards Committee), Pt 3 (Procurement Thresholds, Modes, Methods, & Procedures), Pt 5 (Ex-Offender Program), Pt 7 (Buy American Program), & Pt 9 (Bid Protests, Suspension, & Debarments), Ch 126 (Procurement Code), Ord Code, to Modernize & Provide Greater Efficiencies in the COJ Procurement Code; Amend Pt 4 (Nondiscrimination Policy), Ch 126 (Procurement Code), Ord Code, to Amend the Definition of Nondiscrimination Consistent with Employee Svcs Nondiscrimination Policy; Amend Pt 6 (Jacksonville Small & Emerging Business Program), Ch 126 (Procurement Code), Ord Code, to Make the Part Consistent with the Changes in this Ord; Creating a New Pt 6 (Cultural Service Grants & Art in Public Places), Subpt A (Cultural service Grant Program) & Subpt B (Art in Public Places Program), Ch 118 (City Grants), Ord Code, to Relocate the Art in Public Places Program Previously Under Pt 9, Ch 126, Ord Code, to Pt 6, Ch 118, Ord Code; Amend Sec 24.603 (Duties of Chief of Procurement), Pt 6 (Procurement Division), Ch 24 (Finance & Administration Department), Ord Code, to Add Add’l Duties Regarding Contract Admin & Oversight; Creating a New Pt 4 (Contract Administration & Oversight), Ch 21 (Executive Branch, Generally), Ord Code, to Require Contract Admin & Oversight in City Contracts: Estab a Prospective Date of 2/1/24, for Code Repeals, Amdts, & New Provisions Contained in This Ord to Become Effective; Directing the Chief of Procurement to Update the Procurement Operating Manual Consistent With This Ord Prior to 1/1/24; Prov for Oversight by the Procurement Div, Finance & Administration Dept; Prov for Codification Instructions (Hodges) (Introduced by CM Cumber) 1/10/23 CO Introduced: NCSPHS, R, F, TEU 1/17/23 NCSPHS Read 2nd & Rerefer 1/17/23 R Read 2nd & Rerefer 1/18/23 F Read 2nd & Rerefer 1/18/23 TEU Read 2nd & Rerefer 1/24/23 CO PH Read 2nd & Rerefer Public Hearing Pursuant to Ch 166, F.S. & C.R. 3.601 - 1/24/23 Page 9 of 11 Transportation, Energy & Utilities Agenda - Revised Marked February 7, 2023 Committee 8. 2023-0022 ORD Apv & Auth the Mayor, or His Designee, & the Corp Sec to Execute a AMEND 3rd Amdt to the Existing Agrmt with Waste Management Inc. of Florida, Setting Rates From the 2022 Rate Review Commencing 10/1/22, Setting Fuel Contact: Caps for FY 22-23, & Apv the Premise Count Conducted in Connection with Will Williams the Rate Review; Prov for a Markup on Expenses; Prov for City Oversight by the Solid Waste Div of Public Works (Staffopoulos) (Introduced by the CP at See separate Req of Mayor) Auditor handout 1/10/23 CO Introduced: NCSPHS, F, TEU 1/17/23 NCSPHS Read 2nd & Rerefer 1/18/23 F Read 2nd & Rerefer 1/18/23 TEU Read 2nd & Rerefer 1/24/23 CO PH Read 2nd & Rerefer 2/6/23 NCSPHS Amend/Approve 7-0 2/7/23 F Amend/Approve 7-0 Public Hearing Pursuant to Ch 166, F.S. & C.R. 3.601 - 1/24/23 AMENDMENT 1. Pg. 2, line 1: correct year to 2021 2. Attach Revised Exhibit 1 (Terms) and Exhibit 2 (Amendment to Agreement) to: • Correct September 30, 2022 premise count to 77,167 • Include October 1, 2022 premise count of 77,141 9. 2023-0023 ORD Apv & Auth the Mayor, or His Designee, & the Corp Secretary to NCSPHS Execute a 4th Amdt to the Existing Agrmt with Waste Pro of Florida, Inc., AMEND Setting Rates From the 2022 Rate Review Commencing 10/1/22, Setting Fuel Caps for FY 22-23, & Apv the Premise Count Conducted in Connection with Contact: the Rate Review; Prov for a Markup on Expenses; Prov for City Oversight by Will Williams the Solid Waste Div of Public Works (Staffopoulos) (Introduced by CP at Req of Mayor) See separate 1/10/23 CO Introduced: NCSPHS, F, TEU Auditor handout 1/17/23 NCSPHS Read 2nd & Rerefer 1/18/23 F Read 2nd & Rerefer 1/18/23 TEU Read 2nd & Rerefer 1/24/23 CO PH Read 2nd & Rerefer 2/6/23 NCSPHS Amend/Approve 6-1 (Cumber) 2/7/23 F Amend/Approve 7-0 Public Hearing Pursuant to Ch 166, F.S. & C.R. 3.601 - 1/24/23 NCSPHS AMENDMENT 1. Increase the Base Rate per premise amount to $23.11 2. Strike reference to adjustments to Base Rate for vehicles added in FY 22/23 3. Attach Revised Exhibit 1 (Terms) to state the October 1, 2022 number of premises of 79,400 Page 10 of 11 Transportation, Energy & Utilities Agenda - Revised Marked February 7, 2023 Committee 10. 2023-0050 ORD Approp Grant Funds in the Amt of $85,000.00 from the National 2nd Highway Traffic Safety Administration, thru the FDOT, to Estab the JSO Impaired Driving Enforcement Proj; Prov for Oversight By the JSO Patrol Support Div (B.T. 23-035) (Staffopoulos) (Introduced by CP at Req of Sheriff) (Co-Sponsor CM Clark-Murray) 1/24/23 CO Introduced: NCSPHS, F, TEU 2/6/23 NCSPHS Read 2nd & Rerefer 2/7/23 F Read 2nd & Rerefer Public Hearing Pursuant to Ch 166, F.S. & C.R. 3.601- 2/14/23 11. 2023-0051 ORD Approp Grant Funds in the Amt of $90,000.00 from the National 2nd Highway Traffic Safety Administration, thru the FDOT, to Estab the JSO Speeding & Aggressive Driving Proj; Prov for Oversight by the JSO, Patrol Support Div (B.T. 23-036) (Staffopoulos) (Introduced by CP at Req of Sheriff) 1/24/23 CO Introduced: NCSPHS, F, TEU 2/6/23 NCSPHS Read 2nd & Rerefer 2/7/23 F Read 2nd & Rerefer Public Hearing Pursuant to Ch 166, F.S. & C.R. 3.601- 2/14/23 NOTE: The next regular meeting will be held Wednesday, February 22, 2023. *****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 11 of 11