Submitted by Suanne Z. Thamm
Reporter – News Analyst
July 24, 2015 5:55 p.m.
During the portion of the Fernandina Beach City Commission (FBCC) meeting held on July 21, 2015 reserved for Commissioner Reports, Vice Mayor Johnny Miller reported that he had received an email from Medardo Monzon, a local citizen active in port issues in which Monzon had urged the FBCC to adopt a resolution opposing the transfer of coal from ships equipped with clamshells at the Port of Fernandina. The FBCC declined to take action on this item as an emergency item, the only way a resolution that has not been publicly noticed 24 hours in advance of a meeting, can be approved. The FBCC did agree, however, to consider it at a future meeting following staff review and input from the City Attorney.
In his email to Miller the evening of July 19, Monzon summarized a conversation with a group that included Miller following the inaugural meeting of Amelia Earthkeepers. He wrote: “We suggest that the City of Fernandina Beach (COFB) officially adopt a resolution regarding ship-to pier coal transfer at the Port of Fernandina (PORT). This resolution can be issued independently of the process being defined to update the Land Development Code and does not require the approval of the State of Florida. Therefore, it can be moved, discussed and voted on promptly. Monzon provided text for such a resolution and added: We believe that it’s important for the COFB to adopt this resolution prior to the next OHPA [Ocean Highway and Port Authority] workshop and board meetings to be held on July 29 and August 12, respectively.”
Miller did not have time to place the item on the FBCC meeting agenda, which requires 24 hours public notice before the meeting, so he brought it up under “Commissioner Comments.” In introducing the item, Miller read the proposed resolution from his computer, since the other commissioners had not had an opportunity to see it in advance. He had sent it to the City Attorney in advanced, and he asked her to forward to the other commissioners. The citizen-drafted resolution read:
WHEREAS the primary responsibility of government is to provide for public safety and health,
WHEREAS at their July workshop and/or board meeting OHPA Commissioners and/or its attorney stated that the PORT is capable of receiving and transferring coal from ships equipped with clamshells, and that OHPA cannot legally stop its operator (Kinder Morgan) from bringing coal by ships,
WHEREAS the above mentioned method of coal transfer will produce fugitive dust that will inevitably spread outside the PORT boundaries, thus contaminating air, waterways and land, causing harm to public health, the environment and the economy of our fragile and environmentally sensitive island,
WHEREAS the community has consistently expressed a strong opposition to coal-to-pier transfers at the PORT through innumerable public hearings, workshops and letters to newspapers and blogs, and
WHEREAS both West Rock and Rayonier and continue to economically satisfy their coal requirements via rail shipments,
The COFB Commission RESOLVES:
(a) to strongly oppose any and all attempts by Kinder Morgan and/or OHPA to obtain an environmental permit for a coal transfer facility at the PORT, and
(b) to oppose the re-purpose, retrofitting, investing, re-engineering or modification of any equipment that would enable the offloading, handling and transferring coal from ship or barge at the PORT.
Miller said, “The reason it’s not on your agenda is because of the upcoming meetings they [the OHPA] are having and the simplicity of the resolution itself. I thought we could just go ahead and approve it tonight.”
After reading the resolution aloud, Miller said he had recently visited WestRock to see their coal handling operation and found nothing of concern. But he was concerned about Kinder-Morgan’s potential to off-load coal from barges in the Amelia River. Kinder-Morgan is the operator of the Port of Fernandina. He did not site any imminent plans to do so, but indicated that the potential remains a concern because Kinder-Morgan has not “taken it off the table.”
Miller moved to approve the resolution, and offered to send it in writing to the other commissioners. City Attorney Tammi Bach advised Miller that before action could be taken on his motion, the FBCC first needed to declare an emergency, requiring a 4/5ths vote of the body, to have the item added to the agenda. Miller said, “Based on the fact that the meetings are coming up and [the proponents] would like to have it in hand when they go up there, and the simplicity of it … It’s not something we haven’t said before in one way or another, I would move this as an emergency matter.”
Before the motion was seconded, Commissioner Pat Gass said, “I have a few questions. How would you know if this has been removed from the table? What makes you think it’s still on the table?”
Bach interrupted, reminding commissioners that a second was needed to the motion before discussion.
Commissioner Tim Poynter said, “I’m in favor of bringing it back to another meeting so we can talk about it, but I’m not in favor of taking action tonight. I haven’t read the thing, digested it. Nothing is as easy as it seems. There are always some issues that go along with it. I don’t feel comfortable at the moment, even though I am not in favor of coal transfers [as described]. I’m not comfortable doing it at this hour, without even reading it.”
Mayor Ed Boner said that he would allow discussion without a second.
Commissioner Robin Lentz said that she was uncomfortable with making a decision at this time. She said, “I want to have someone who knows a little bit about this from DEP or similar agency, only because I don’t even know if they use clamshells any more to transfer coal. There are so many questions I have, and there isn’t anyone in this room prepared to be an expert in this area. I propose we bring it back as a discussion item and get some people here who know a little bit about it.”
Miller was not deterred. “Just to reiterate,” he said, they are talking about using clamshells to move coal from ship to shore. That’s out there.”
Gass asked, “Where did you here that?”
Miller replied, “They haven’t said they’re not going to do it. They haven’t taken it off the table. What we are saying is that we don’t want them to consider it.”
Gass continued, “But if they did try to do it, they would have to go through the entire process of advertising it.” Miller agreed, adding, “We hope, if someone like Roy Smith actually sees it and brings it to our attention.” This was a reference to an air quality permit that Kinder Morgan had applied for with the DEP that only came to light because Smith had read about it in a legal notice in the newspaper.
Miller went on. “Listen,” he said. “We can rescind this if we find out later on they’re never going to do it or that this process is completely clean and there will not be any coal dust. We can pull the resolution and say, ‘Never mind.’ All we are doing now is telling them that this commission does not approve reaching out over the water to pick up coal and then dropping it into a funnel.”
Gass said, “I feel this is an effort to suck us into fear mongering which is going rampant in this community. Can we just get the facts?”
Boner broke in saying that without a second, he believed this was a topic for another meeting. He said that there was not support to add this to the agenda as an emergency item.
Miller said, “So even though we are saying we don’t support coal handling at the port, nobody wants to second this.” With that he snapped his computer closed and said, “I’ve heard what I need to hear. Thank you.”
Following the meeting, a report from Amanda Warford aired on Fox Channel News dealing with local concerns over the potential for Kinder-Morgan’s coal handling at the port. Warford reported:
“Action News inquired about the company’s future plans and Richard Wheatley, Director of Corporate Communications and Public Affairs told us, “There is no permit application pending to handle coal at the facility at the Port of Fernandina.”
“When we asked him to confirm if the withdrawal of that permit was temporary or a definitive decision not to handle coal, we were told, “Definitive.”
(See more at: http://www.fox30jax.com/news/news/local/neighbors-concerned-about-companys-coal-transport-/nm4bk/#sthash.YzEwcAAs.dpuf).
Several people in attendance at the meeting reacted with surprise to learn that what many had thought was a student film project was actually part of a well-planned media story. The research and filming had been completed before the meeting, and only Miller’s comments had been added, along with a wide shot of the FBCC.
In response to an email inquiry from Fernandina Observer co-editor Susan Steger, Miller wrote: “Just for the sake of clarity, the time line is as follows; I received the request for this resolution shortly before the meeting, called the city attorney for advice on how to handle it, discussed it and then decided that bringing it up during commissioner comments was the best course of action. After all of this I was then contacted by Jax media with questions regarding coal at the port brought about by an online petition less than 2 hours prior to the CCM and then the emailed resolution was discussed at that time.” Miller went on to say, “As I stated before, and will say again, this was a short notice issue that a citizen of our community requested at a late hour and asked that it be expedited due to an upcoming meeting.
“Also, I believe most importantly, the statement was exactly what I have heard three other commissioners publicly state on more than one occasion. It was only to officially make these statements for the record.
“Maybe that is the question you should be asking: Why do they say that they are against clam shell ship to shore coal operations being added to our port during discussions, but now require more input and discussion before making these statements official?”
The OHPA Workshop to continue discussion of the Port Master Plan will be held on Wednesday, July 29, 2015, at 1:00 p.m. in the James S. Page Government Complex in Yulee, Florida. For more information about their agenda, visit their web page: http://www.portoffernandina.org.
Again for the sake of clarity, I think that the “email inquiry” from Susan Steger which I replied to should be a part of this story. I assume the inquiry was the “Wonder why you did that?”, but I’m not sure that I would use that term to describe this letter….
Again I am always available to answer any questions at any time.
Johnny Miller
Vice Mayor / City Commissioner
City of Fernandina Beach
Phone: 904-556-3299 (cell)
Email: [email protected]
Facebook: https://m.facebook.com/profile.php?id=543365179071100
Twitter: @CommishJohnny
“From: Susan Steger
Date:07/22/2015 9:41 AM (GMT-05:00)
To: Johnny Miller
Subject: Last Night’s Meeting
Johnny: I know you are passionate about environmental issues and issues concerning the port. Making a motion during commissioner comments, especially one that blind sided fellow commissioners, was very much out of order.
I don’t recall a motion being made during commissioners’ comments happening before, at least on such an important issue. Just want you to know that was very inappropriate. It was clearly staged especially learning Fox News was ready to go. I hope you don’t ever do that again.
That should be an agenda item with back up material and a chance for staff to review. Wonder why you didn’t do that?
BTW The mayor should never have allow the commissioners to discuss this motion especially after spending so much time writing up procedures. Although the mayor holds the responsibility for letting this get out of hand, four commissioners including you ignored procedures the commission had just approved. Shameful.
I still like you Johnny, just disappointed.
Susan
Susan H. Steger”
The criticism about Commissioner Miller’s procedure, while valid, should not overshadow the “l’affaire Coal” which has been a constant irritant in our community for virtually a year.
The front page of the August 20, 2014 News-Leader headlined, “Port Expansion Plan Means Big Changes”. This was followed one week later (August 27th) by the “Public Notice of Intent to Issue Air Permit” which included this verbatim language, “to re-purpose the facility to also allow the handling and transporting of coal. This operation will consist of transloading inbound coal from vessels, via ship-mounted clamshell, up to possibly three hoppers and then to truck(s) for offsite delivery; and also trans-loading of coal via clamshell to a barge for temporary storage. The coal would then be transferred from the barge via clamshell to the hopper(s) and then truck(s) for offsite delivery.”
Sorry to say, there is no excuse for the obfuscation of FBCC members who must seemingly rely on workshops or experts to help them with their decisions. We elect people that we expect to think and act based upon the concern and responsibility that they have professed for and to their constituents during the electoral process. Why take on the additional personal commitment to act on behalf of the public when you are unable to invest the time to research issues and form your own conclusions about the appropriate courses of action.
The headline of this article needs to be revised, citizens haven’t asked FBBC “to ban coal handling at the port”. Coal handling at the Port of Fernandina requires an air permit from the FDEP. Last year, Kinder Morgan filed a permit to handle 500,000 tons/year of coal at our port. The permit was TEMPORARILY withdrawn due to widespread community pressure and the involvement of state representative Janet Adkins who required public hearings prior to a ruling from FEDP.
Citizens are asking FBCC to OPPOSE ANY NEW ENVIRONMENTAL PERMIT for coal handling at the port. After all, fugitive coal dust produced during coal transfer doesn’t recognize port boundaries, city, county or state limits. The economic, health, environmental and structural harm caused by coal dust is well documented. Citizens believe that it’s important for county and state officials, FDEP, OHPA and other government entities to know what is the official stance of our local government on an issue that is of utmost importance to its constituents.
I invite Commissioners who belittle citizens’ concerns by calling them “fear mongering” to visit nearby coal transfer stations that use clamshell technology and talk to leaders in those communities. Commissioners are also invited to do their independent search on the internet, for example: http://healthygulf.org/media/press-releases/2014-12-30-000000/plaquemines-parish-court-overturns-coastal-permit-coal
I applaud Johnny Miller’s effort to nail down the coal transfer issue, an issue which has had much focus and discussion since last August when Kinder Morgan quietly tried to get an air quality permit issued. Fortunately island citizens discovered this, banded together and put enough pressure out there to prompt Kinder Morgan to TEMPORARILY withdraw the application. So the coal issue is nothing new and very much in the spotlight. The Commission should take the lead, devote more time and research to this issue and tackle it head on instead of encumbering the process with “workshops”.
I am disheartened by folks who speak of old residents vs new residents, or of fear mongering. Re the latter, to use a truly southern maxim, “You don’t wait until you’re up to your butt in alligators to start thinking about draining the swamp.” We should thank Johnny for pointing to that swamp which could hold the ecological and health dangers of a coal transfer station. Re the former, many of us pay taxes on property sold by older residents at a profit to developers who then made a profit selling to newer residents. Newer residents may have divergent views but we all have the same rights and love of the island we chose to call home. In addition, many of us newer folk volunteer or donate time and money to local services and we all, old and new, care about the quality of life here. So instead of being divisive we should try to better understand each other, accept our differences and capitalize on our common goals. We can achieve so much more if we reject prejudice and cronyism and embrace the strengths that unite us a citizens and fellow men and women.
I’m totally apposed to any open type transfer of coal in our City or on Amelia Island. Elected officials are making life changing decisions of all of us, for which they have no experience base. Commissioner Gass called it fear mongering when talking of the people crying out to Stop the Port from handling coal in a open process. I grow up in a small town ( 1940’s ) We had a coal yard, My Mom and all the Wives in our neighborhood would Wash Monday Morning, and hang the cloths out to dry,( Winter and Summer). The coal yard was one and a half miles from our House. If the wind blew from the direction of the coal yard, She and all the Wives would do it all over again on Tues. Morning. Fugitive Coal Dust, gets into and on everything. It has a negative effect on Health, The Environment, our Island Economy and everybody’s quality of life. If there is anybody who thinks 500,000 tons of Coal/ year transferred in open Clam shell process at our Port will not effect all our lives, The Idea that you can off load a ship via Clam shell, Traverse over water to a Barge for Storage, Traverse from the storage Barge to a Hopper to load, Rail Car or Tractor Trailer. Or to a smaller ship and not create Fugitive Coal Dust, and Coal solids polluting our River is simply living with their head in the sand.
Thank you, Johnny Miller, for trying to cut to the chase and get this looming issue nailed down to prevent coal dust pollution from damaging the area around the port and beyond. I agree that the will of Amelia Islanders to protect this fragile coastal ecosystem should no be held up any longer. Let’s get this done in the next City Council Meeting, without further delay.
Vice Mayor Johnny Miller is the only voice of reason on the commission. How can Susan Steger accuse Miller of blindsiding commissioners with a subject that has been in the forefront of our city – commissioners and residents alike, for over a year?
Thank you, Mr. Miller for your very appropriate service to the citizens of Fernandina by protecting our interests against Kinder Morgan, for fighting to protect the environment of our fragile island.
The only shameful behavior in that meeting belongs to Poytner and Lentz, who always claim to be against destructive Port expansions but are never “comfortable” enough to do anything about it.
How comfortable will they feel when we’re all breathing coal dust!?!
Peggy Lehosit
Peg, well said, I will say in Poynter and Lentz’s defense , Council Bach had been instructed by Commissioner Miller to distribute the resolution to all Commissioners prior to the meeting, so they would be aware of the wording. That did not happen. Commissioner Miller, was responding to the outcry of our City’s Citizens who understand the ramifications of having the potential of our Port handling 500,000 Tons of Coal per year, via an open Clam shell process, which would move, Coal from Colombian ships over open water on the Amelia River, to Barges, or Rail Cars, or Trucks, or other Ships for shipment off the Island. This process would be destructive to our health, aquatic life, our environment, stability of our Economy, and our quality of life. These are critical times for the future of this City, It calls for extreme measures. Commissioner Miller is passionate about the future of our Island and the Environment of our Planet. So Susan, I think you should give Commissioner Miller a little slack on “Roberts Rules of Order” He deserves the respect of all our Citizens.
I really appreciate Vice Mayor Miller for including the text of Miss Steger’s email to him in regards to this issue. It is, from my experience, a very typical letter often received by commissioners (both city and county) in it’s tone and lack of decorum. It’s as if, when speaking to a public servant, there is no need to exercise common courtesy. No matter how upset one may be, I would encourage everyone to be polite. A person’s manners and attitude go a long way when trying to communicate. Firing off an email in a state of anger or frustration rarely yields a productive discussion.
I don’t understand why, if commissioners do not agree with a stance presented or vote in a way that is contrary to the views of some, they are guilty of being closed minded and of not doing their own research. I wonder: why are commissioners accused of turning away from the views of the citizenry, but the vocal citizens who go to such lengths to make their opinions known are not called to answer for being closed minded and ignoring facts that might run counter to their interpretation of a given issue. Take the coal permit for example. There is no need for the city to pass an ordinance banning coal related activities because the FDEP already has procedures in place to make sure that these sorts of operations are vetted. Does anyone realize that the reason we know of Kinder Morgan’s request for their permit is because it was advertised in the Newsleader as required by law? They could have run the notice in the Orlando Sentinel or the Miami Herald. That would have met legal muster, but it would have been sneaky. Isn’t the uproar and withdrawal of the request an example of the system working? Why, if you think these companies cannot be trusted to act within the law, do you think they would follow an ordinance passed by a lil ol’ municipality like Fdna Bch? Did you know that the reporter who was in attendance for Johnny’s presentation and filed the report with Action News called Kinder Morgan and asked about their plans regarding the permit? Has any other citizen tried to do the same thing? Did you know that KM said the permit has been withdrawn permanently? I believe “off the table” was the words used. The reporter got this information with one simple phone call. Rock Tenn/WestRock has sent a letter to the CCFB about their use of coal and they said if they were to use coal they would ship it into JaxPort and bring it here by rail (as it already does) or by truck. They wouldn’t even want to bring it here by ship/barge.
However, when presented with this information, those who want more action taken do not accept the veracity of Kinder Morgan/WestRock’s statements. You may not trust those entities, and that’s your prerogative. I believe the old Russian proverb made popular during the Cold War era, “Trust but verify”? They said, definitively, they won’t be reapplying. So, odds are they won’t. But, just in case, we’ll all have to read the newspaper just in case they try. No law or ordinance passed will relieve us from standing guard.
This is where the idea of fear mongering comes in: you believe that the city government can’t be trusted. You all cry out about injustice, collusion and cronyism. But then you ask that same government body to pass a resolution to guard against something. Which is it? Are they effective or ineffective? We (you, me and everyone else) are the government. The notice being printed in the paper, the notice being seen by residents and the move to get it withdrawn is democracy and government in action. To claim it isn’t sufficient is fear mongering. To ignore the explicit statements of our neighbors Kinder Morgan and WestRock on the matter is fear mongering.
I find Mr. Occhuizzo’s ridiculous maxim very telling of the attitude of a lot of people who have moved to this and other nearby areas. “You don’t wait until you’re up to your butt in alligators to start thinking about draining the swamp.” You’re quite right, sir. But not for the reason you think: You don’t drain the swamp; you simply leave it alone! Why would you ever drain a swamp? Why would you want to live/work/play near a swamp in the first place? The swamp is the home of the alligator and the snake and endangered birds, etc. Don’t disturb what was there first so as to protect yourself or your investment! Move/build somewhere else. For a real life example of this do a little research on the Everglades!
Mr. Crounse: you said “the potential of our Port handling 500,000 Tons of Coal per year, via an open Clam shell process, which would move, Coal from Colombian ships over open water on the Amelia River, to Barges, or Rail Cars, or Trucks, or other Ships for shipment off the Island. This process would be destructive to our health, aquatic life, our environment, stability of our Economy, and our quality of life.” You know what else it is? Cost prohibitive! Why would the Mills want more coal when they just spent all that money on bringing natural gas to the island to cut down on their use of coal? Why would they change from their present system of bringing it (the small amount they use) in by rail? How could bringing coal here instead of JaxPort ever be considered viable? How could our tiny little port on this outpost so far from the interstate ever hope to compete with larger, better located, longer tenured ports on the East Coast?
Again, trust but verify. Don’t overreact. Don’t fear monger. And don’t belittle the opinions of other just because your powers of persuasion are not sufficient to change minds to your way of thinking.
First off, I would question the author of the above comment, really doesn’t sound like “Gass the Younger’s” style. Could it be penned by Commissioner Gass, ? Just asking. But to answer her question about, Coal movement thou our Port being cost prohibitive. I will give her the point, that it would not be cost effective to haul South American coal via Truck. But South American Coal costs 10 to 20% less than Domestic Coal. Moving Coal via Train from our Port could be profitable. The Big payday for Kinder Morgan would be Ship to Ship, to supply customers in the Caribbean. why they wouldn’t get it directly from South America, I can’t answer that. I’m glad Commissioner Gass was not Mrs, Revere, I can hear the conversation know. “Paul, what are you doing? That’s just a bunch of guys in red suites, landing at the Port, Please don’t ride out to Lexington, come back to bed, people will think you are a Fear Monger”
Mr Crounse,
“Gass The Younger”? What am I? A Viking? Does that make you “Crounse The Old”? How about just “Ross” or “Mr. Gass”?
I don’t know how I could convince you that the writing is my own. You’ll just have to trust me; but as we’ve seen, that doesn’t come easily to you and your ilk. I guess the advice I received from Ms. Deborah Lavery Powers to “dilute the impact of your words when you make jabs that come on a little too strong. Or sometimes much too strong” worked so well I don’t even sound like myself.
While my own political leanings are more socially liberal and libertarian, my mother and I do agree on a number of fiscal issues. And, being born and raised in this town, I have strong opinions of its place in the world and its place going forward. I believe industry to be vital, not only to Fdna’s past, but also to its future. Suddenly changing rules that dictate what our neighbors can and cannot do in their homes and businesses is no way to go about running a city. We wouldn’t insist George Sheffield come down to a meeting at City Hall and demand that he tell us his intentions with all the properties he has recently purchased. Or ask him to explain to us his plans for growth and running his business. It would be best if we didn’t expect it of Rayonier or KM or WestRock. It would be best if we expressed our happiness Mr. Sheffield (and the mills/port) are here contributing to our community and look for ways to further our mutually beneficial relationships. Because, like Ms. Laura DiBella pointed out in her comments regarding the CC making her job very hard, our city hasn’t been acting like good neighbors. More like petulant, entitled children who don’t like the rules in the playground.
The first paragraph is the old Ross Gass that I know . I’ll have to say Ms. Powers has done a commendable job. We all thank her. Mr Ross to draw an analogy between Mr. Sheffield and his various ventures, Bars, Restaurants, and a Golf Course to the potential destructive effects that the Port Master Plan as written, could have on this Island is ludicrous. Every time your side make an argument, you need to draw the Mills into the conversation. No one wants to close or hamper the Mills economic viability. They are and continue to be a good citizens of the City. We all need them to be a stable and strong partner in this community’s future. Not every body on this Island is a Real Estate salesman, Doctor, Lawyer or Shop owner. Middle Class, blue collar workers are the life blood of our society. They anchor this Town and should. There are no Luddites on Amelia Island. This whole mess for the last Year is over the potential harm Kinder Morgan’s Practices could do to this City. That’s all, don’t try to make it bigger than that.
With all due respect Mr. Gass, your comments above just show that how clueless about what has prompted a reaction by Kinder Morgan and West Rock. Do you really think their response was due to a reporter placing just one phone call? Quite naive.
The community at large supports and understands the role the mills have played, continue to play and will play in the isalnd’s economy. What the community at large is against is the significant expansion of the port, particularly involving the handling of hazardous materials.
It’s very disappointing that the misinformation and fear mongering really begins with our City Commissioners led my Pat Gass. Somebody recently pointed out that she’s an employee of Kinder Morgan and that she might have lost her objectivity. Perhaps she needs to recuse herself from decisions that directly affect Kinder Morgan. As another City Commissioner pointed out, perception is really important.
Correcting text above, it should read:
“your comments above just show how clueless you are about what prompted a reaction…”
Pat Gass ….. an ex-employee (not an employee)
Commissioner Miller could not get a Second on his proposal from the other commissioners. Perhaps that is because he not respectful of them. We should respect their decision to consider it later. There are more important issues for them to consider. As a retired Air Quality engineer for the New Jersey DEP I believe the Florida DEP regulations make the concern for fugitive emission of coal dust overblown.