Public a no-show at OHPA workshop on charter recommendations

Submitted by Suanne Z. Thamm
Reporter – News Analyst
September 29, 2016 12:51 p.m.

Two representatives of local media attended the September 28, 2016 Ocean Highway and Port Authority (OHPA) workshop convened with the primary purpose of reviewing the final summary and recommendations of the report of the Charter Advisory Committee. They were the only attendees besides three OHPA commissioners, legal counsel Clyde Davis and Administrative Office Manager Joanna Cason.

OHPA Chair Danny Fullwood led the 90-minute discussion joined by District 1 Commissioner Richard Bruce and District 4 Commissioner Carrol Franklin. Commissioners Adam Salzburg (District 3) and Ronnie Braddock (District 5) did not attend.

The commissioners conducted a recommendation-by-recommendation review of the report dated September 8, 2016 that represented the work of a countywide citizens committee that met six times during the first part of 2016 to consider changes to the OHPA Charter. Jon Lasserre, who chaired the committee, in his summary reported that the committee had reviewed matters provided in the Task Outline in addition to reviewing “other pertinent items that were brought forth for consideration.”

Since the OHPA meeting was advertised as a workshop, no votes were taken. In general, OHPA commissioners reacted well to the recommendations and expressed a desire to move forward to demonstrate to the citizens who served on the committee that their time was not wasted. Only Commissioner Carrol Franklin cautioned avoiding rushing to make changes. The next workshop will be convened in October, during which more commissioners may attend.

The committee report covered seven items, discussed in more detail below.

1. Changing from partisan to non-partisan elections. On a 7-2 vote, the committee recommended changing to non-partisan elections.

OHPA Discussion: Commissioner Bruce suggested that in light of many complaints over current election law, it appears that the Florida legislature may be making many recommendations for changes in the next Session. He expressed his desire to wait for legislative action before proceeding on this item. Commissioner Franklin agreed, citing that only last session OHPA had requested and received legislative action to make elections partisan. Consensus was to defer this item.

2. Eminent Domain. On a 7-1 vote the committee recommended that the OHPA Special Act not be amended in a way that would limit OHPA’s power of eminent domain.

OHPA Discussion: Counselor Davis said that under Florida law, Special Districts like OHPA have the power of eminent domain, regardless of whether this power appears in the Charter. Commissioner Franklin supported leaving the language in the charter, stressing that such power would not be used unless it was in the best interest of everybody. Commissioner Bruce said that the power is typically needed for building roads and utilities.

3. Hazardous Materials Reporting. On a 5-2 vote, the committee recommended the implementation of a policy that OHPA expand its hazardous material reporting and consider issuing a quarterly report within 30 days after the close of each quarter to include all hazardous materials (as defined under Title 49, Code of Federal Regulations) that pass through the Port of Fernandina or are located on port property. They further recommended amending the OHPA Special Act to mandate that policy.

OHPA Discussion: Commissioner Bruce said that neither OHPA nor Nassau Terminals has full access to cargo information, which is solely regulated by the United States Coast Guard (USCG). Counselor Davis stressed the importance of the public’s right to information under the Freedom of Information Act. He suggested that a better approach might be to include links to the USCG website on the OHPA website so that concerned citizens could access this information at any time and not be required to wait for a quarterly report. He also suggested providing a link to the Northeast Florida Regional Council website so that concerned citizens could address any operational concerns with hazardous materials. Commissioners appeared to support this approach, while acknowledging that it is outside the scope of the charter.

4. Limitations on Activities in the City of Fernandina Beach and the Master Plan. On a 9-0 vote, the committee recommended not including limitations on truck, rail and passenger ship traffic in the Charter. Instead, the committee recommended that all Master Plans be based on accurate projections and actual historical data. The report went on to state: “The scope of future projects should be limited to actual, reasonable, attainable utilization based on the existing Port facilities or attainable, reasonable enhancements of those facilities. Goals and references that are not reasonably achievable or which have not been formally adopted by OHPA should not be included in current or future Master Plans.”

OHPA Discussion: Commissioners discussed that there had been fundamental misunderstandings during the course of discussing the new port Master Plan over certain statutory requirements. Counselor Davis said that by law FDOT established the methodology for determining traffic loads, but that while some aspects of the master plan were mandatory, others were discretionary. While the public had become alarmed over the maximum truck traffic allowable, they had failed to consider the restraints imposed by physical setting, gates, etc. The current goal of 168 trucks per day is not being met. Commissioner Bruce said that today the port is hard pressed to handle 135-140 trucks per week.

5. Consideration of Repealing Section 12 of the OHPA Special Act. The committee voted 9-0 to retain Section 12, but cited a 1982 Attorney General Opinion relating to Port Authorities and their obligation to honor local government building and zoning codes.

OHPA Discussion: Counselor Davis advised that Section 12 of the Special Act mirrors Florida law.   He said that the particular Attorney General Opinion cited referred to an area of law discussed in the context of home rule. He said that the state can preempt home rule in certain instances (Florida Statute 315) when the Governor and the Internal Improvement Trust Fund act. Even so, Davis said, whether or not Section 12 appears in the OHPA Charter, it is moot because it is covered by state law.

Davis went on to say that requirements to follow the State Building Code and obtain local permits are not exempted under the Special Act. However, such requirement is levied on the building contractor, not OHPA.

6. Removal or supplementation of Special Act, Special Powers Provisions. On a 9-0 vote, the committee decided not to make a recommendation on this point, but to recommend that OHPA undertake its own review to consider the addition of authority for more modern projects and possibly the elimination of antiquated authority. The committee recommended that such considerations should be based on reasonably achievable goals that have been formally adopted.

OHPA Discussion: Chair Fullwood asked if the enumeration of potential projects could be eliminated from the Charter. Counselor Davis said that basically the potential activities for Special Districts are covered in Florida Statutes 311 and 315, but that removing them from the charter because they are covered by state law could pose a danger of creating a false impression in the eyes of the public. Fullwood continued expressing concern over existing language, since concern over activities such as an oil refinery and beach casino had surfaced during public discussions. He expressed a desire to enumerate broader categories of projects as opposed to the specifics now listed and to remove antiquated references to projects that would never be undertaken.

Fullwood asked that commissioners review the lists of projects currently enumerated in Sections 6 and 7 of the charter both with an eye toward taking out or clarifying listed projects and adding projects that are more appropriate to pursue to advance economic development goals and add jobs. Commissioners will forward their lists to Administrative Officer Joanna Cason who will compile a consolidated list for discussion at a second workshop to be scheduled in October.

7. Mandating the hiring of an employee port director. While the committee did not take a position on this item, they asked OHPA to review the minutes of their discussion to convey the committee’s concerns.

OHPA Discussion: Chair Fullwood said, “We can’t mandate what we can’t pay for.” He allowed that in the future such action might become necessary. Commissioner Bruce cited OHPA’s contract with Nassau Terminals, LLC (Kinder Morgan) saying, “There is no evidence to support any concern that Kinder Morgan is leading us where we don’t want to go.” Bruce expressed full confidence in Val Schwec, Commercial Director, Nassau Terminals, in directing the maritime aspects of OHPA’s work. He suggested that with expansion of OHPA activity into land-based activities westward of Amelia Island OHPA might need a director with other kinds of skills. Currently, the Nassau County Economic Development Board is handling such work.

Commissioners discussed that salary for an in-house director would be in the $100K range. Fullwood said, “We need to pay off our bond debt first.”

OHPA Commissioners aim to have any changes needing legislative approval to Senator Aaron Bean by early December. Between now and then, there will be at least one workshop on possible changes in addition to regular OHPA monthly meetings.

In addition to suggesting that more information, especially links, be added to the OHPA website www.portoffernandina.org, Commissioner Bruce asked the media to communicate to the public that they can still contact the OHPA office with suggestions for charter changes that will be considered at future meetings. Contact information, available on the website, includes telephone (904) 491-7422 and email [email protected]

Editor’s Note: Suanne Z. Thamm is a native of Chautauqua County, NY, who moved to Fernandina Beach from Alexandria,VA, in 1994. As a long time city resident and city watcher, she provides interesting insight into the many issues that impact our city. We are grateful for Suanne’s many contributions to the Fernandina Observer.