July 26, 2016 1:00 a.m.
Editor’s Note: A Fernandina Observer Town Hall Meeting involving candidates for the Ocean Highway & Port Authority scheduled for July 15, was cancelled due to a tragic accident that claimed the life of an employee at the Port of Fernandina. Since scheduling another Town Hall within a short period of time was not possible, we presented candidates with five questions and asked for their written responses. This is the second series of five answers to questions posed.
District 2 Candidates
Jimmy Dubberly, Incumbent Danny Fullwood
How do you see the future of the Port of Fernandina with respect to footprint of port operation, type of cargo handled, and traffic?
“The existing port is built out. The only increase in footprint is the extension of the dock northward. However, at this time there is no need to add on to the dock. However, the extension has already been approved and will only be built when money and business allow.
Break bulk cargo is and will continue to be our major cargo. Also, we never ship anything out or receive any cargo that the Coast Guard and Federal law doesn’t allow. The City of Fernandina follows the same Federal guidelines. A recent traffic study was done as well as noted by the Advisory Committee that only 168 trucks could pass through the port per day. I might add that this total has NEVER been realized.”
How do you see the future of the Port of Fernandina with respect to footprint of port operation, type of cargo handled, and traffic?
“First of all, I would like to start with putting a fire/rescue marine unit on the property. There is a need for this to not only for any types of emergencies at the Port either medical or fire but on the water. The rescue boat could also be used for boating emergency’s either inshore of offshore Amelia Island.
We currently have the Sheriff’s office with a boat but it could be out of the water or the officer off duty. The US Coast Guard is the first person to respond but they are an hour and a half away in Mayport. To have a fire/rescue boat for local emergency’s is important as we do have our share in the area. This could sit on the current property without having to expand the current footprint of the Port.
The Port Operations should be taken over by the Port Authority Commission and terminate the current contract with Kinder Morgan. The Port then could hire a Port Director to run the Port like Kinder Morgan currently does and keep most of the revenue it generates instead of Kinder Morgan. Now with more revenue in the bank the Port could diversify the current cargo. This gives the Port more options on what types of cargo to bring in without any of it being hazardous material.
When a business or entity makes money it gives them more options than when they are not making money. When you are not making money you become desperate and will take all kinds of cargo. When the Port is making money you can pick and choose the right cargo that agrees with our unique heritage.
I will be sensitive to the type of cargo and the amount of trucks on our roads.”
Click here to view Dubberly Press Release submitted to the Fernandina Observer.
OHPA District 1 Candidates
Edward T. Coop, Pat K. Gass, Robert “Bob” Sturgess
How do you see the future of the Port of Fernandina with respect to footprint of port operation, type of cargo handled, and traffic?
The plan to extend the dock northward is a prudent choice, this will allow larger ships to arrive and offload at the port increasing the economic value to the area. The issue of cargo is not controlled by the OPHA and is controlled by the federal government. My experience at the port showed that the Port of Fernandina can receive, off load and reload approximately 5 trucks an hour. Due to homeland security, necessary paperwork and physical limitation you will not see those number increase regardless how business picks up.
How do you see the future of OHPA with respect to footprint of port operation, type of cargo handled, and traffic?
“The future of the Port is not necessarily under the Port Authority’s control, and will likely be driven by issues such as the Panama Canal expansion and the inevitable trade deals and revisions to be imposed by the next President and Congress. There will be many complex legal issues and contracts the Commissioners of the Port Authority (“OHPA”) will need to address. Hence the need for at least one elected, voting attorney on the Port Authority Board.
One of the known renegotiations will be with the Port Operator – Kinder Morgan. There is, therefore, also a need for a professional negotiator and mediator on the Port Authority Board. Whoever negotiated the current Operating Contract allowed Kinder Morgan (the “Operator”) the following, cursory obligation in Section 6.2,
OPERATOR undertakes to devote to the performance of this Operating Contract the efforts and experience of one reasonably skilled, but shall have no other liability, express or implied, under this Operating Contract or otherwise.
This contract will renew during the term of the seat for which I am running. The operator should at least be responsible for a minimum amount of tonnage (being mindful of the reverter clause), as well as the safety of those who work at the Port. It is well-known on the north island that a worker died while working at the Port on July 15, 2016, and the Operating Contract should at the least hold the Operator liable – or require insurance or naming additional insureds – for safety violations and the salaries of employees, and costs to businesses of a Port shutdown.
Many other legal issues and legal agreements will pass across the desk of the five Board Commissioners that will outline the Port’s (a) “footprint”, (b) “type of cargo” and (c) “traffic” (all words created by the Fernandina Observer for purposes of this writing exercise). Its footprint is defined by the legal decisions and agreements it makes, and the power and land it takes. The possibilities are endless and must flow with the times, laws, markets, economics, regulations, and strategic alliances, as well as the forecasting of many of these components.
(a) The Port’s footprint, therefore, depends on what sort of creature the Port becomes as the County and the world progress. The Port’s legislative purpose and its stated mission, however, is to provide benefits to the citizens of Nassau County. The Port Authority should do nothing that does not provide a demonstrable benefit to you, our cities and businesses without causing harm. I will talk more about this later when discussing the Strategic Master Plan in the final question.
(b) Regarding the ‘type of cargo’ the Port may handle in the future, I am most concerned about hazardous materials, regardless of whether it is transported as full or parcel cargo. Last year the Port conducted a ‘test run’ with the transport of coal, perhaps to see what the reaction of the public and the regulators would be. It was shut down, but I do worry that our Port will eventually be left with only the cargo JAXPORT or the Port of Savannah deems too dangerous for its workers and citizens.
Combining the cargo and footprint issues, there is a further concern that – given the Port Authority’s enormous power of condemnation (eminent domain) – it may find an attractive market for hazardous materials by offering storage on the west, less populated side of the County. If OHPA wants the land, it can take the land according to the Charter, and do whatever it wants with the land. I will do whatever is necessary to stop the transport and storage of hazardous materials anywhere in Nassau County.
(c) The last of the three topics for this part of the written test is “traffic.” This ambiguous subject requires a general answer and, in general, traffic follows jobs, jobs follow a good economy, and a good economy follows proper planning. Traffic itself is not a planned activity. It is a consequence of other planned activities. Nassau County needs balanced growth and a diverse economy. Our County Commissioners appear to have done an excellent job in that regard.
If the question refers to the Port Authority Charter’s power to create toll roads, I would vigorously fight it. If the question refers to shipping traffic, it needs to be more specific. If it refers to truck traffic, the recent Citizens’ Advisory Committee recently pointed out to the Port Authority (OHPA) Commissioners that current truck traffic on the island is only a small percentage of what the City regulations already allow. At the last Port Authority meeting, the subject appeared to permanently tabled. I, too, have been cut off or had my windshield cracked from debris off a log truck, but I don’t believe any of the OHPA candidates could stop the log truck traffic unless the City changes its regulations. Compatibility between OHPA and the City’s Comprehensive Plan is key.
There remains, however, a great need to protect and nurture our beautiful neighborhoods and Historic District near the Port. Trucks are backed up on residential roads, and they pollute the air with noise and stench. Apparently, though, of all the powers the Port Authority has been given, being kind to its neighbors is not one of them. The Port Authority relinquished management of the Port to Kinder Morgan, and it cannot tell Kinder Morgan to be neighborly. If I am wrong, I will instruct Kinder Morgan to regulate its truck traffic in such intervals that truck backups do not occur. In sum, regarding the questions reference to “traffic”, the Port Authority should use its power to help resolve any traffic problems it creates, and otherwise abide by the Cities’ wishes and regulations.”
Click here to view press release submitted to the Fernandina Observer.
How do you see the future of the Port of Fernandina with respect to footprint of port operations, type of cargo handled, and traffic?
“I do not see that the footprint of the port should be or could be increased. If we were a large municipal port moving vehicles, hazardous materials, minerals, coal, oil and the like perhaps we need more space. As our port is more specialized moving paper products, lumber and construction materials I consider the port to be of adequate size at this time. If at such time the operations changed or current operations increased I can’t say that an increase of the footprint would not be needed but no at the cost of the homes of residents who live alongside the port.”
Jimmy Dubberly fully appreciates the difference between having a self interested Kinder Morgan and an independent Port Commissioner oversee and run this Port. He understands the scope and limitations of existing emergency response capability with Mayport some distance away as well as the complexity and sensitivity of Port/City/County transportation issues.
Comments from Bob Sturgess relating to the importance of his legal background to the commission as a counter to the dictates of Clyde Davis, potential unstated HAZMAT issues involving the Port of Savannah and JaxPort, and Kinder Morgan’s basic limitation of liability contract clause – along with his informed appreciation of the basic fact that a contract is only as good as its negotiated clause structure and appreciation of the potential consequences of Port condemnation power – put him head and shoulders above any other candidate.
Bob Sturgess and Jimmy Dubberly are both out of the league of their competition.
I hope that candidate Pat Gass understands that she may not be fully informed about hazardous materials. Any Port Commissioner CAN control the cargo that goes through the Port of Fernandina. The port’s present Tariffs presently state that the Port Operator can refuse to accept any cargo. Almost every major port in the United States has this clause and some actually spell out certain materials that they will not accept. Fernandina’s Port Tariffs have the names of all of the Port Commissioners on the front. I guess they know they are in control, don’t they? Their names are on it.
I hope every FINALLY sees what Pat Gass is all about. I have been saying it for years when she weaseled her way on the board with the only intention of approving everything the port wants.
She is 100% for the port, NOT the community, as clearly referenced by her own words…..”The plan to extend the dock northward is a prudent choice, this will allow larger ships to arrive and offload at the port increasing the economic value to the area.”
If she had it her way, the entire island would be a loading station for her chums that still work at the mills. Kick her to the curb fast. Patt Gass should NEVER be in a position that has to do with the ports, she in too deep in their pockets.
Mr. Sturgess should do himself a favor and edit his responses. Quantity is not quality! He writes in typical legalese that most cannot follow.
At least he can write and knows what is important to the citizens of Nassau County. Being financially and legally savvy is an attribute in this election. Let’s hope the voters understand that his skills benefit all of us.
Mr. Sturgess short form analysis: 1. He has experience in contracts and negotiations. 2. He is changing the language in the contract with Kinder Morgan to remove liability from Port. 3. Activities of the Port shall not be allowed to harm businesses and cities. 4. He is VERY concerned about hazardous materials and will do “whatever is necessary” to stop the transport and storage of hazardous materials at the Port. 5. Believes the Port must abide by the City’s regulations.
Bare with me Karen. Sometimes simplicity can’t convey the legal nuances of a real issue – and sometimes we need to know. It is now about trust, good faith, and “sponsorship”. We have bought into simple and get what we got. Credentials are actually important.
I do not think Mr. Dubberly’s idea for a marine/rescue unit at the Port is an economically feasible one. He appears to be saying it should be staffed 7/24/365 with the personnel having medical training when the City has a large staff of firemen/paramedics just a couple miles away. Looking at the number of such incidents at the port or surrounding waterways over the last couple of years, they are very infrequent and isolated. Just doesn’t make sense to me although a number of his other ideas and positions are very desireable.
Devil is in the details. It is the basic idea that is important.
As David states, of Mr. Dubberly’s comments on fire and Rescue unite at the Port of Fernandina. As David, I don’t think a dedicated crew would be Economically Feasible. But if Mr. Dubberly is talking about cross training select employees, in Fire fighting and Rescue Procedures, With the Addition of a Rescue Boat. with set procedures to “Hold the Line” until Coast Guard/County and City responders arrive. That’s Doable. Perhaps Mr. Dubberly, still has contacts in the Coast Guard, they do Auction Off, and Gift surplus equipment each year. As do all branches of the Federal Government. It’s a needed addition to our Port.
All it will take is one major incident. A solution is to negotiate an inter-local agreement with Kings Bay and St. Mary’s (given St Mary’s ” on the radar” industrial port development).
I am trying to understand Pat Gass’ logic.
She begins by stating that extending the Port dock allowing larger ships is good and ends by saying the Port can only off load 5 trucks an hour. That “Due to homeland security, necessary paperwork and physical limitation you will not see those (truck) numbers increase regardless how business picks up.”
So how on earth do you move the cargo of larger ships in a timely manner?
The Port information Pat Gass had when she worked for Kinder Morgan may have been on a need to know basis and she didn’t need to know.
Exactly Peggy. And I repeat…..
I hope every FINALLY sees what Pat Gass is all about. I have been saying it for years when she weaseled her way on the board with the only intention of approving everything the port wants.
She is 100% for the port, NOT the community, as clearly referenced by her own words…..”The plan to extend the dock northward is a prudent choice, this will allow larger ships to arrive and offload at the port increasing the economic value to the area.”
If she had it her way, the entire island would be a loading station for her chums that still work at the mills. Kick her to the curb fast. Patt Gass should NEVER be in a position that has to do with the ports, she in too deep in their pockets.
THanks to the Observer for these responses. We will look for more soon?