PAB subcommittee formed to consider code language on hazardous material use and storage in Fernandina Beach

Submitted by Suanne Z. Thamm

Reporter – News Analyst

City of Fernandina Beach Planning Advisory Board convenes on December 10, 2014
City of Fernandina Beach Planning Advisory Board convenes on December 10, 2014

The Planning Advisory Board (PAB) of the City of Fernandina Beach convened in regular session on December 10, 2014 before an unusually full chamber. Local citizens and business representatives were prepared to argue for or against PAB Application 2014-21 adding definitions for various types of heavy industrial uses, including storage of potentially explosive or toxic materials and restricting them within any city zoning district. Acting upon a recommendation from Chip Ross, one of the applicants for the change, and with the endorsement of business representatives present, the PAB approved creation of a subcommittee to consider the item in greater detail. The subcommittee will begin meeting in January and will include the entire PAB and representatives of Rayonier Advanced Materials, Rock Tenn, the Port of Fernandina, the AI-FB-Y Chamber of Commerce and the Nassau County Economic Development Board (NCEDB). PAB Chair Len Kreger reminded the audience that all meetings would be open to the public.

The first meeting will be organizational in nature and is currently scheduled for January 13, 2015 at 3:30 p.m.

The draft Master Plan for the Port of Fernandina Beach, which has been a subject of discussion since its public release in the city this past summer, has sparked community safety concerns because of its references to the potential for an increase in both port storage and handling of hazardous materials next to the city’s National Register listed Historic District. Although the Ocean Highway and Port Authority has maintained that many concerns are unfounded, it has steadfastly refused to remove elements at the heart of citizen concerns, like an oil refinery, from the document.

Chip Ross and Chuck Hall, the applicants for the PAB case generating so much interest, would clarify and restrict the types of hazardous materials which can be handled and stored within city limits, broadly applying such restrictions to any zoning district.

According to city staff, allowable uses of some hazardous materials are intentionally broad in the LDC in order to allow for flexibility and interpretation. By adding the specific language requested in the application, certain uses would be clearly disallowed as a principal use within any of the City’s zoning districts, except for the storage of bulk coal in the I-1 Industrial District. By making such changes as requested, a wide range of existing or potential business operations could be adversely affected. Examples of such businesses include gasoline stations, light manufacturing, utility facilities and trades and repair services.

Chip Ross addresses the PAB.
Chip Ross addresses the PAB.

Chip Ross delivered a detailed slide presentation in explaining the reasons for the requested changes to the LDC. He acknowledged staff’s observations and concerns regarding his application and raised many points to support his underlying concern for the safety of residents and visitors in close proximity to facilities that use or store hazardous materials. He reminded PAB members that trucks and rail cars transporting hazardous materials travel through the heart of the city on their way to industrial sites. He also expressed uneasiness over the broad power given to the City Manager via the LDC to interpret whether certain industries are allowable under the code. Ross said, “It is not ideal for one person to make decisions that affect the whole community.

He went on to propose 4 additional prohibited uses to LDC Section 2.03.02):

  • Banana fumigation facilities
  • Cruise line terminals servicing ships with greater than 500 passengers
  • Petroleum refining
  • Petroleum distribution facility

And 7 prohibited accessory uses to LDC 2.03.03:

  • Outdoor storage including but not limited to silos, hoppers, or barges and/or transfer of coal, coke or other solid fuels
  • Outside or inside storage of greater than 2,000 pounds of fertilizer grade ammonium nitrate
  • Shipping terminal for phosphate rock, triple super phosphate or diamomonium phosphate
  • Outdoor or indoor storage of mobile containerized natural gas containers exceeding 5,000 liters capacity
  • Outdoor or indoor storage of mobile containerized Liquid Natural Gas (LNG) exceeding 5,000 liters capacity
  • LNG vehicular fueling station
  • LNG vehicular marine fueling station

Ross asked, “Why do we care? When something goes bad [in facilities or handling hazardous materials], it goes bad in a big way.” He said that no matter what safety steps are in place, the element of human error could never be eliminated.

Ross allowed that others in the community might have differing opinions, expressing his belief that it is important for the community to decide matters like this that impact their safety and property values. He suggested that rather than acting on his application that evening, it might be useful to convene a subcommittee of all interested parties to determine the vision of the community in this regard.

Attorney Mike Mullin
Attorney Mike Mullin

PAB Chair Len Kreger said that Ross’ request for a subcommittee makes sense. Ross called for the Port and the mills to be part of the subcommittee. PAB Vice Chair Judith Lane encouraged the PAB to “take a stab” at resolving the issue, adding that ultimately it is up to the Fernandina Beach City Commission to adopt a vision for the city. She said that they must decide whether Fernandina Beach should be an industrial city with some tourists and retirees, or a city for tourism and retirees with some industry.

Chair Kreger opened the public hearing and eleven speakers came forward mainly to express support for considering the matters raised by the case in a subcommittee. Representatives of the mills, the port, the Chamber of Commerce and the NCEDB all expressed a desire to serve on the subcommittee, as well as several members of the public. Business and industry representatives expressed concern for impact of requested changes on existing business. Local attorney Mike Mullin asked that both mills be involved to stave off what could be “disastrous legal effects.”

Guy Petty asks:  "Are we a town with a port or a port with a town?"
Guy Petty asks: “Are we a town with a port or a port with a town?”

Local citizens in support of proposed changes cited safety and quality of life issues that might arise from industrial expansion or increasing use and storage of hazardous materials so close to residential areas, citing the need for an emergency warning system for hazardous spills and a publicized evacuation plan in the event of emergencies. City resident Guy Petty suggested that a community vision needs to emphasize that Fernandina Beach is “a town with a port, nor a port with a town.”  Port neighbor Faith Ross raised what she termed “worrisome statistics:”  while Fernandina Beach only accounts for 3% of Nassau County’s land mass, it accounts for 50-60% of county tax revenues.  She emphasized the need for planning to insure both physical security for city residents and continued healthy tax revenues for the county.

Following public input, PAB members raised questions about existing HAZMAT material use in the city, safety measures and emergency response plans. Member Jon Lasserre said that some of the substances proposed for banning are probably commonly found in private homes. Member Mark Bennett asked whether the city has emergency evacuation plans for HAZMAT accidents or whether, “If we see everyone leaving town, should we just follow?”

PAB Vice Chair Lane said that she hoped that many issues, such as these, would be raised during the subcommittee meetings. She said that ultimately the Fernandina Beach City Commission (FBCC) must buy into any vision or plan that comes from the PAB in order to become effective. Chair Kreger reminded the audience that recommendations of the subcommittee would then come before the PAB officially for discussion and recommendation. Their recommendations to accept or deny would be sent to the FBCC for additional public input and action.

Audience members at PAB meeting
Audience members at PAB meeting

The PAB unanimously approved the creation of the subcommittee to consist of the PAB members, representatives of the mills, the port, the NCEDB and the Chamber of Commerce. All concerned members of the public were invited to attend and provide input to the subcommittee. It was the consensus of the PAB that the subcommittee would confine itself to consideration and recommendations relating to the specific application before the PAB.

Also in attendance at the meeting were Fernandina Beach Mayor Ed Boner and newly elected City Commissioner Tim Poynter.

 

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Steve Crounse
Steve Crounse (@guest_25138)
9 years ago

Mr. Hall, Mr.Ross and the entire PAD board. Brilliant,I commend all of you. This is truly a community at work. What a Week. We have a full functioning City Commission and a PAD committee that is going in a positive direction. To allow industry to function in our midst , but not allow it to destroy us. PRICELESS.

Dave Lott
Dave Lott(@dave-l)
9 years ago

An excellent idea and the mils definately need to be included as their curent environment includes some serious hazardous materials transported by rail such as acids. A key issue is understanding the current capability of the FB Fire Rescue dept to handle hazardous material incidents as well as support from the County and city of Jacksonville.

Ron Lindhart
Ron Lindhart(@lindhartgmail-com)
9 years ago

I’m not within the city limits, but applaud the decision to create the subcommittee. Maybe the Port Authority will realize that building political support through alliances and coalitions is the time-honored way to achieve mutually acceptable goals. Doing something that benefits, rather than alienates, downtown businesses would be a nice first step. There are options in the existing master plan that might do that.