JACKSONVILLE CITY COUNCIL

RESEARCH DIVISION

 

 

TRANSPORTATION, ENERGY & UTILITIES COMMITTEE MINUTES

 

December 5, 2011

2:00 P.M

 

CITY COUNCIL CHAMBER

 

 

Attendance:  Council Members Greg Anderson (Chair), Dr. Johnny Gaffney, Richard Clark, Kimberly Daniels, Don Redman, Jim Love, Council Member Robin Lumb; Heather Reber, Kyle Billy, Sean Costigan, Council Auditor’s Office; Steve Rohan, Peggy Sidman, Office of General Counsel; Jessica Deal, Administration; Juliette Williams, Legislative Services Division; John J. Jackson, Council Research Division.

 

The meeting was called to order at 2:05 p.m. and the following actions were taken:

 

Item/File No.

Title/History

 

 

1.  2011-308

RESO-Q re  Appeal by Liberty Property Limited Partnership of a Decision of the 911 Emerg Addressing Advisory Comm to Reassign an Out of Sequence Address Number of 6600 Southpoint Parkway to a New Address of 6680 Southpoint Parkway; Adopt Findings & Conclusions of the TEU Comm. (Dist 4 - Redman) (Shaw) (TEU)

TEU PH - 10/17/11, 10/31/11,12/5/11

 

1. 5/10/2011 CO  Introduced: TEU

 

    5/16/2011 TEU Read 2nd & Rerefer

 

2. 5/24/2011 CO Read 2nd & Rereferred; TEU

 

BILL SUMMARY

 

WITHRAW  7 - 0

 

 

 

 

2.  2011-309

RESO-Q re Appeal by Alan Fetner, Fetner & Hartigan Periodontics of a Decision of the 911 Emerg Addressing Advisory Comm to Reassign an Out of Sequence Address Number of 4211 Southpoint Parkway to a New Address of 7043 Southpoint Parkway, Suite 2; Adopt Findings & Conclusions of the TEU Comm. (Dist 4 - Redman) (Shaw) (TEU)

TEU PH - 10/17/11, 10/31/11,12/5/11

 

1. 5/10/2011 CO  Introduced: TEU

 

    5/16/2011 TEU Read 2nd & Rerefer

 

2. 5/24/2011 CO Read 2nd & Rereferred; TEU

 

    9/19/2011 TEU Amend/Rerefer 7-0

 

3. 9/27/2011 CO AMENDED/Rereferred; TEU

 

 

BILL SUMMARY

 

PH-AMEND/APPROVE 5 – 2 (Love & Lumb)

1.  Attach map   2.  Committee decision to remand or deny

 

The Committee deliberated on all five (5) of the appeals on the 911 Committee recommendations during a public hearing.  Item # 1, RESO-Q 2011-308, was considered last; Council Member Redman indicated that it was his understanding that if the other four were denied, then a move would be made to withdraw Item #1.

 

At the outset of the public hearing, the Chair asked Cherry Shaw, Office of General Counsel, if the appeals filed were complete and timely?  Cherry Shaw indicated that the appeals were all complete and sufficient.

 

Dr. Allen Fetner (2011-309) spoke of the significant, adverse financial impact of the address reassignments for small businesses; his business alone faces over $25,000 in costs for signage, printing and other expenses.  None of his patients, fire and rescue or police experienced any problems in locating his office at its current address. 

 

The other speakers affected by the proposed address reassignments supported appeals so that things could remain the way the are now.

 

Ellen Fales, Planning & Development Department who staffs the 911 Emergency Addressing Advisory Committee explained why the address reassignments were necessary (in addressing a question raised by Council Member Daniels).

 

Deputy General Counsel Steve Rohan advised the Committee that it had to either affirm the 911 Committee’s recommendation and vote to deny, or remand the bill back to the 911 Committee.

 

 

3.  2011-607

RESO Req FDEP to Delay Issuance of the Georgia Pacific Paper Mill Discharge Permit until all Outstanding Questions have been Answered & a Comprehensive & thorough Chemical Engineering Analysis of the Mill's Waste Stream be Completed. (Sidman) (Introduced by CM Love)

 

1. 9/13/2011 CO  Introduced: TEU,RCDPHS,JWW

 

    9/14/2011 JWW Approve 6-5

 

    9/19/2011 TEU Read 2nd & Rerefer

 

    9/20/2011 RCDPHS Read 2nd & Rerefer

 

2. 9/27/2011 CO Read 2nd & Rereferred; TEU, RCDPHS

 

    10/17/2011 TEU Approve 3-3 (Clark, Gaffney, Redman)

 

 

BILL SUMMARY

 

Council Member Love explained a substitute resolution that he was submitting that added the Whereas clause: qualified environmental engineers have indicated that there may be further treatment options that could further reduce the impact of the proposed discharge on the St. Johns River.  Further, that the Council requests that the FDEP delay issuing of the mill’s permit to discharge waste water into the St. Johns River until such time as independent scientists are allowed to study the source of the pollution and to offer any additional water treatment options and remedies to reduce the impact of the proposed discharge of waste containing dioxin.

 

Council Member Clark announced that he opposed the Love substitute and the resolution itself, as he has indicated from the outset.

 

Council Member Lumb announced that he opposed the Love substitute and proceeded review the issues and the pipeline permitting process.  He then submitted his substitute to the resolution that resolved that: the City Council requests that the FDEP carefully review all current, pending and future permit applications and to take whatever steps are reasonably necessary to ensure that any effluent discharged from the Georgia-Pacific paper mill, as well as any effluent discharged from any other commercial facility, meet the guidelines and water quality standards established by the Environmental Protection Agency and the State of Florida.  And further, that the Council: requests that the FDEP, upon completion of any review contemplated above, work with the Florida Legislature and the EPA to address any regulatory concerns that may arise and to ensure that all permits contain the appropriate conditions for the protection of the St. Johns River, the general public and the regional economy.

 

Council Member Clark suggested that the Lumb substitute was not necessary; the Members could just vote no on the resolution itself.

 

Council Member Daniels asked the St. Johns Riverkeeper if he could be supportive of the Lumb substitute.  The Riverkeeper indicated that he would have preferred the Love substitute but the decision was ultimately in the hands of the Committee.

 

The Love substitute failed 2-5 (Love & Anderson).

 

 

SUB-APPROVE (Lumb)  5 – 2 (Clark, Gaffney)

 

 

4.  2011-612

RESO-Q re Appeal by Laura Bittencourt of a Decision of the 911 Emerg Addressing Adv Comm to Re-Assign an Out of Sequence Address Number Currently at 6639 Southpoint Parkway, Suite 103 & Assigning a New Address of 6559 Southpoint Parkway, Suite 103; Adopt Recommendations of the TEU Comm. (Dist 4-Redman) (Shaw) (TEU)

TEU PH - 10/17/11, 10/31/11,12/5/11

 

1. 9/13/2011 CO  Introduced: TEU

 

    9/19/2011 TEU Read 2nd & Rerefer

 

2. 9/27/2011 CO Read 2nd & Rereferred; TEU

 

 

AMEND/APPROVE 4 – 2 (Love, Lumb)

1. Attach map          2.  Committee decision to remand or deny

 

 

 

5.  2011-613

RESO-Q re Appeal by Sayer Enterprises, Inc d/b/a Southern Development Corp of a Decision of the 911 Emerg Addressing Adv Comm to Re-Assign an Out of Sequence Address Number Currently at 6639 Southpoint Parkway, Suite 107 & Assigning a New Address of 6559 Southpoint Parkway, Suite 107; Adopt Recommendations of the TEU Comm. (Dist 4-Redman) (Shaw) (TEU)

TEU PH - 10/17/11, 10/31/11,12/5/11

 

1. 9/13/2011 CO  Introduced: TEU

 

    9/19/2011 TEU Read 2nd & Rerefer

 

2. 9/27/2011 CO Read 2nd & Rereferred;TEU

 

 

 

PH-AMEND/APPROVE 5 – 2 (Lumb, Love)

1.  Attach map            2.  Committee decision to remand or deny

 

 

6.  2011-614

RESO-Q re Appeal by Ken Jackson, Managing Member of Bengal Properties, LLC of a Decision of the 911 Emerg Addressing Adv Comm to Re-Assign an Out of Sequence Address Number Currently at 6639 Southpoint Parkway, & Assigning a New Address of 6559 Southpoint Parkway; Adopt Recommendations of the TEU Comm. (Dist 4-Redman) (Shaw) (TEU)

TEU PH - 10/17/11, 10/31/11,12/5/11

 

1. 9/13/2011 CO  Introduced: TEU

 

    9/19/2011 TEU Read 2nd & Rerefer

 

2. 9/27/2011 CO Read 2nd & Rereferred; TEU

 

 

PH-AMEND/APPROVE  5 – 2 (Lumb, Love)

1.  Attach map                         2.  Committee decision to remand or deny

 

 

 

7.  2011-695

ORD Approp $1,000,000 ($593,956 from Nuisance Abatemt Assessmt, $61,373 from Interest Sanitary Assessmt, $138,528 from Demolition Assessmt & $206,143 from Code Violation Fines) to the Nuisance Abatemt Lien Spec Rev Fund for Nuisance Abatemt Contracting City-Wide; Auth Funds Carryover to FY 2012-2013. (BT 12-017) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 11/22/11

 

1. 11/8/2011 CO  Introduced: TEU,F

 

    11/14/2011 TEU Read 2nd & Rerefer

 

    11/15/2011 F Read 2nd & Rerefer

 

2. 11/22/2011 CO PH Read 2nd & Rereferred; TEU, F

 

 

BILL SUMMARY                       Fact Sheet            

 

APPROVE 7 - 0

 

8.  2011-696

ORD Granting Appl of Bio-Haz, Inc for Initial CON to Operate the Biomedical Waste Transport Facility at 2980 Faye Rd. (McCain) (Introduced by Council President pursuant to Chapt 380, Ord Code)

TEU PH Pursuant to Chapter 380, Ord Code - 12/5/11

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 12/13/11

 

1. 11/8/2011 CO  Introduced: TEU

 

    11/14/2011 TEU Read 2nd & Rerefer

 

2. 11/22/2011 CO Read 2nd & Rereferred; TEU

 

 

BILL SUMMARY                             Fact Sheet

 

PH-APPROVE 7 - 0

 

9.  2011-700

ORD Auth 2nd Amend to Redev Agreemt dtd 3/4/04, as Amended, bet City, JEDC & Metropolitan Parking Solutions, LLC for Dev, Constrn & Operation of a Courthouse Garage, Sports Complex Garage & Arena Garage; 2nd Amend Extends City's Purchase Option Period for 2 Yrs at No Addnl Cost to City & Reduced Developer's Annual Return from 8% to 6.75%. (Sidman) (Req of Mayor) (Co-Introduced by CM Anderson, Gulliford & Jones)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 11/22/11

 

1. 11/8/2011 CO  Introduced: TEU,F,RCDPHS

 

    11/14/2011 TEU Read 2nd & Rerefer

 

    11/15/2011 RCDPHS Read 2nd & Rerefer;    11/15/2011 F Read 2nd & Rerefer

 

2. 11/22/2011 CO PH Read 2nd & Rereferred; TEU, F, RCDPHS

 

 

BILL SUMMARY                   Fact Sheet        

 

AMEND/APPROVE 6 - 0

1.       Correct execution date of redev. Agreement in bill

2.       Correct ref to legislation that approved agreement

3.       Grammatical correction

 

10.  2011-706

RESO Supporting Passage of Fla House Bill 289 & Senate Bill 500 Designating Portion of SR 101/Mayport Rd from SR A1A to the Wonderwood Connector as "USS Stark Memorial Dr"; Directing Distribution of Legislation. (Clements) (Introduced by CM Holt)

 

1. 11/8/2011 CO  Introduced: R,TEU

 

    11/14/2011 TEU Read 2nd & Rerefer;    11/14/2011 R Read 2nd & Rerefer

 

2. 11/22/2011 CO Read 2nd & Rereferred; R, TEU

 

 

BILL SUMMARY     R:    Approve   

 

APPROVE 7 - 0

 

11.  2011-719

RESO Designating Propty at 5441 W 5th St as a Brownfield Area for Environmental Rehab & Economic Dev. (Nelson) (Req of JEDC)

Public Hearing Pursuant to Chapts 166.041(3)(c)(2) & 376.80  F.S. - 12/13/11

 

1. 11/8/2011 CO  Introduced: TEU,RCDPHS

 

    11/14/2011 TEU Read 2nd & Rerefer

 

    11/15/2011 RCDPHS Read 2nd & Rerefer

 

2. 11/22/2011 CO Read 2nd & Rereferred; TEU, RCDPHS

 

 

BILL SUMMARY

 

APPROVE  7 - 0

 

12.  2011-746

ORD Apv Eminent Domain Settlemt of Owners' Damages, Total of $227,400 & Statutory Atty's Fees of $72,000 & Recoverable Costs of $41,150 for Total Settlemt of $340,550, a Difference of $163,150 over Prev Deposited Amt, Resulting from Condemnation of Parcels 111, 711.1 & 711.2 re Greenland Rd Proj in Proceeding styled City of Jax v. Franklin D. Chapman, et al, Case No. 2007-CA-000951. (Duckworth) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 12/13/11

 

1. 11/22/2011 CO  Introduced: TEU,F

 

 

                                EMERG/AMEND/APPROVE  7 - 0

                              

                           

 

At the close of agenda items, Shannon Eller apprised the Committee on the status of the JTA rate increase deliberations.  The JTA Board is expected to vote on the proposed increase on Thursday (December 8).  Last Thursday, the ADA advisory group met and adjusted (downward) one of the proposed rate increases for disabled passengers.  Deliberations on other proposed rate adjustments were ongoing and would be resolved before the Thursday Board meeting.

 

There being no further business, the Committee meeting was adjourned at 3:39 p.m.

 

John J. Jackson, Council Research Division (904) 630-1729

 

12.07.11

Posted: 1:00 p.m.