Submitted by Suanne Z. Thamm
Reporter – News Analyst
August 3, 2016 8:28 p.m.
There was a packed house in Commission Chambers for the first August Regular Meeting of the Fernandina Beach City Commission (FBCC) on August 2, 2016. While most of the agenda consisted of routine business, the item responsible for the big turnout was First Reading of Ordinance 2016-19, a proposal to amend the city’s Comprehensive Plan (Comp Plan) to address the storage of hazardous material and hazardous waste within the floodplain. Thirteen speakers addressed the proposed change, which had been unanimously approved earlier after 8.5 hours of discussion by the Planning Advisory Board (PAB). Commissioner Len Kreger, past PAB Chair, advised commissioners and the audience that the key to addressing public concerns lies in changing elements of the Land Development Code (LDC), a process which will begin on August 10 at the next PAB meeting. The Ordinance passed on a unanimous vote.
The Ordinance will return for a second reading following state review, probably in a month. By that time, city staff hopes to have the proposed LDC changes ready for FBCC review as well. If all goes smoothly, the Comp Plan and LDC changes will be considered together and could be approved early this fall.
What the FBCC approved
The FBCC approved what was referred to as Exhibit A, addressing city policy with respect to storing hazardous material and hazardous waste in the floodplain. The approved changes are shown below, with strike-throughs showing deletions and underlines showing additions:
The list of stricken items (letters a through o) will be addressed in LDC changes that the PAB will begin to review on August 10.
Public concerns over the Comp Plan language, which is a policy document, arose with the FBCC’s consideration of adding the LignoTech plant to the property owned by Rayonier Advanced Materials. Although staff had previously initiated action to address LDC amendments related to this policy, the FBCC desired to clarify that development should be permissible when such development is consistent with standards and guidelines for development within the floodplain itself.
The FBCC also directed that the Comp Plan be amended to reflect the city’s existing operations within the floodplains, which by their nature change from time to time. FEMA’s Flood Insurance Rate Maps (FIRM) determine the location of a Special Flood Hazard Area. The city anticipates adoption of 2016 preliminary revisions to the existing 2010 FIRM later this year.
Public Comment
The 13 speakers covered a wide spectrum from mill representatives to Historic District residents who live in close proximity or actually in the Amelia River floodplain. Among the speakers were mill workers, retired attorneys and community activists. Some had lived locally all or most of their lives; one individual announced that he had moved here two months ago.
Wayne Peterson and Rick Langford spoke to the importance of the mills in providing high wage employment for local families. Peterson, a vice president of the United Steelworkers Local 395, said that he has worked at the Rayonier plant while his twin brother has worked for what is today WestRock. He found it difficult to understand why there would be a ban on hazardous materials, because such a ban could result in the elimination of many businesses along the waterfront. “The mills and these businesses are how we provide for our families,” he said. He urged adoption of the changes to allow the mills to continue operating and to allow for the construction of a new industrial facility (LignoTech) to provide jobs for local working people.
Langford, a 41-year employee at Rayonier Advanced Materials, credited the mill with enabling him to send 4 children to college. He regretted the current division of the community into “us and them” on the subject of the mills. He said, “There’s nobody behind a curtain at Rayonier pulling levers [trying to find ways to violate laws and avoid getting permits]. I mean, I’m out there. I’ve got a family that lives here. We don’t go to work to violate permits and pollute the waterway.” Langford went on to tout the many benefits of living on a barrier island, including tourism. “But,” he added, “if the merchants are honest with themselves they will admit that they depend on those of us who live and work here year round.” He talked about the role of state and federal regulatory agencies in overseeing the safe operation of the mills.
Other speakers voiced their concerns over safety of storage and transportation containers and methods for hazardous materials, such as anhydrous ammonia. Retired attorneys Ann Thomas and Grier Newlan expressed concerns over undefined terms that could result in unenforceability of the ordinance. Thomas claimed that during the last 6 months she has seen an erosion of the Comp Plan and asked who was directing such action and why. Both Thomas and speaker Faith Ross questioned why the Comp Plan language seemed out of line with that of Nassau County.
Retired attorney Frank Santry emphasized that he was not opposed to LignoTech, but harbored concerns relating to meeting Army Corps of Engineers and FEMA standards with respect to storing and handling hazardous materials in the 500-year flood plain. He said, “Tonight’s move is fine, but it needs to be conditioned on safety standards.”
Rayonier spokesman Russell Schweiss reminded commissioners that while the LignoTech project may have triggered the discussion, the issue goes beyond that project. He said that the existing Comp Plan language “could only have been written with a blind eye as to what goes on in the city. The entire working waterfront is largely within the flood plain, as well as many city services that also utilize hazardous materials.” He said that the existing language does nothing to protect against hazardous conditions resulting from floods. Rather, the grandfathering provision prevents industry from upgrading to safer handling and storage facilities. He suggested that the best way to handle concerns regarding hazardous materials is to set achievable standards and provide a pathway for industries to continuously upgrade their facilities over time. Schweiss emphasized that the proposal before the FBCC was not the whole picture, and that LDC changes would be needed as well.
Schweiss acknowledged the efforts of a “small and very outspoken group of residents” who have opposed LignoTech at every step of the process. “I certainly understand,” he said, “that there are people who don’t want industry in their town. And there is probably no way to convince them that a project at any location in the town is a good idea. But as a commission, it is important for you to recognize this as well. We’re hopeful that the commission can discern throughout this process the difference between constructive dialog and obstructive tactics, because you will likely see both from all parties. And I think it’s important that you are thinking critically about that.” Schweiss concluded his remarks by stressing the importance of the working waterfront through the city’s history and into the future. He said that LignoTech will make air quality better and reduce carbon emissions globally.
WestRock spokesman Colin Campbell endorsed Rayonier’s position and also urged the FBCC to approve the measure before them. He credited plant management and his coworkers for their commitments to running the mill’s operations safely and never having to shut down due to weather or floods during their 70-year history. “We have a robust preventive maintenance operation and other loss control operations in place,” he said. He said that routine insurance audits attest to the safe operation of the mill. He spoke to continuous improvement to meet EPA standards in protecting the waterways.
FBCC discussion and action
Following public input, Commissioner Len Kreger once again reminded the audience that the LDC amendments would be the key to resolving citizen concerns. “Hopefully,” he said, “everyone is going to be a part of that process to draft a comprehensive LDC that works.” There was no further discussion, and the commissioners voted unanimously to approve the measure.
Senior Planner Kelly Gibson, who staffs the PAB, when contacted for clarification said that work on LDC revisions is set to begin next week. She hopes to wrap up both the Comp Plan change and the LDC changes by October.
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.