JACKSONVILLE CITY COUNCIL

RESEARCH DIVISION

 

 

TRANSPORTATION, ENERGY & UTILITIES COMMITTEE MINUTES

 

October 17, 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 was excused; Heather Norsworthy, Council Auditor’s Office; Peggy Sidman, Office of General Counsel; Jessica Deal, Administration;  Laurie Kettreh, Planning & Development Department; Juliette Williams, Legislative Services Division; John J. Jackson, Council Research Division.

 

The meeting was called to order at 2:02 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

 

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

 

DEFER

 

Public Hearings were opened for five (5) appeals of the 911 Emergency Addressing Advisory Committee’s recommendations for address reassignments on Southpoint Parkway. (In addition to Item #1, hearings were held on Items 2, 7, 8 & 9).  At the outset, the Chair asked Ellen Fales, Planning & Dev Department/911 Committee to provide background information on the proposed address changes and the regulations (Chapter 745, Ordinance Code) that governed the proceedings.  Ms. Fales proceeded to describe what the 911 Committee considered as problems with the current addresses.

 

Council Member Don Redman, who represents the Council District where the address sites are located (Southpoint Parkway), was concerned that he was not involved with or abreast of the 911 Committee’s work and meetings that culminated in the proposed legislation.  He indicated that he was available to meet with the parties that were present for the public hearing who had problems with the proposed address reassignments.  The Committee heard from tenants and property owners who cited problems that they had with the proposed address reassignments. 

 

The Chair asked Assistant General Counsel Cherry Shaw to explain what sufficiency entailed in the quasi-judicial proceedings.  On a motion, the Committee Members indicated that sufficiency had been reached.  The Public Hearings were continued.

 

 

 

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

 

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

 

DEFER

 

3.  2011-460

ORD Closing & Abandoning &/or Disclaiming 3 Sections of Rosewood Ave, an Unopened & Unimproved

R/W to Eliminate Duplicate use of "Rosewood" as a Street Name & Minimize the 911 Emerg Syst Routing Problems this Duplication causes, Subject to Reservation of Easemt over Closed Sections of Rosewood Ave for Ingress & Egress & for all Utilities. (Dist 12-Carter) (McCain) (Req of Mayor)

TEU PH Pursuant to Sec. 336.10, F.S. - 8/15/11

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 8/9/11

 

1. 7/26/2011 CO  Introduced: TEU

 

    8/1/2011 TEU Read 2nd & Rerefer

 

2. 8/9/2011 CO PH Read 2nd & Rereferred; TEU

 

    8/15/2011 TEU PH/ Approve 6-0

 

3. 8/23/2011 CO REREFERRED; TEU

 

 

BILL SUMMARY   Fact Sheet

 

DEFER

 

4.  2011-521

ORD Declaring Surplus 130 Ash Remediated Parcels, "Proj New Ground"; Auth Disposal; Waive Sec 122.429 (Uses of Proceeds from Surplus Land Sales), Ord Code, to Deposit New Proceeds into the Contamination Assessmt Fund to Offset Costs of the Remediation Efforts. (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 8/23/11

 

1. 8/9/2011 CO  Introduced: R,TEU,F

 

    8/15/2011 TEU Read 2nd & Rerefer;    8/15/2011 R Read 2nd & Rerefer

 

    8/16/2011 F Read 2nd & Rerefer

 

2. 8/23/2011 CO PH Read 2nd & Rereferred; R, TEU, F

 

    10/3/2011 R Amend/Approve 7-0

 

 

BILL SUMMARY   Fact Sheet       R: Amend/Approve

 

AMEND(R )/APPROVE  5-0

 

5.  2011-596

ORD Declaring Surplus RE#'s 037934-0000, 083647-0000 & 041743-0000, Tax Reverted Propty's in Osceola Forest, Biltmore & Moncrief Terrace Neighborhoods; Auth Agreemt for Donation & Quit Claim Deed Conveying Title to War on Poverty-Florida, Inc for use in its Urban Agricultural Prog; Waive Provisions of Sec 122.423 (Appraisal at or Below $25,000), Ord Code, to allow Conveyance at No Cost. (Dist 10-Brown) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 9/27/11

 

1. 9/13/2011 CO  Introduced: R,TEU,F

 

    9/19/2011 TEU Read 2nd & Rerefer;    9/19/2011 R Read 2nd & Rerefer

 

    9/20/2011 F Read 2nd & Rerefer

 

2. 9/27/2011 CO PH Read 2nd & Rereferred; R, TEU, F

 

 

BILL SUMMARY   Fact Sheet     R:

 

DEFER

 

6.  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

 

 

BILL SUMMARY

 

APPROVE 3 – 3 FAILED(CLARK, GAFFNEY, REDMAN)

 

Prior to the discussion, the Chair announced that though a number of citizens had come and filled out speakers cards, there would be no Public Hearing on the item at this particular meeting.

 

Gary Frost, Georgia-Pacific, Operations Manager, provided the Committee with some historical background on the pipeline issue, with the Georgia-Pacific’s initial application for a permit in 1993.  He related the numerous steps and expenditures (over $200 million) that G-P had allocated to upgrade the physical plant at the mill to reduce phosphorous and nitrogen discharges and to reduce effluent color.  It was Georgia-Pacific’s intent to continue its discharge operations into Mill Creek; when it was established that water quality standards could not be met for Mill Creek, an Administrative Law Judge gave the green light to G-P for the construction of a pipeline to the St. Johns River as an alternative.  Mr. Frost said that Georgia-Pacific had done everything that was expected and required of them to meet requirements of the Environmental Protection Agency (federal) and Florida Department of Environment Protection. 

 

Mr. Frost described the plant’s economic impact in Putnam County and proceeded to field questions.

 

The St. Johns River Riverkeeper, Neil Armingeon, explained why his organization has been opposed to the construction of the pipeline.  Mr. Armingeon indicated that there were remained a number of questions that had to answered and issues that had to be addressed such as the presence of dioxins.  He referenced a letter from Lucinda B. Sonnenberg, Ph.D., Jacksonville University (Director, Millar Wilson Laboratory for Chemical Research) on the probability of dioxins in the river; copies of the letter had been distributed to the Committee).  Mr. Armingeon characterized his organization’s position as pro-river and not anti-Georgia Pacific.  He suggested that there were technologies available that G-P could turn to in lieu of the proposed pipeline.

 

Council Member Richard Clark requested that State Representative Lake Ray share his views on the matter with the Committee.

 

Representative Ray indicated that the resolution was significant; that it mattered.  He proceeded to discuss the uncertainties that the resolution represented for prospective businesses considering a move to Florida.    He felt that the message that the resolution entailed complicated the Governor’s efforts underway to assist Jacksonville with issues such as JaxPort funding; 

 

Council Member Clark asked Greg Strong, Northeast Director, Florida Department of Environmental Protection, if Georgia-Pacific had met all requested, relevant questions.  Mr. Strong said that DEP’s interests had been sufficiently addressed.   Council Member Dr. Johnny Gaffney wanted to know if the resolution would be counter-productive to the interests of Jacksonville and Northeast Florida.  Council Member Kimberly Daniels wanted to know if the proposed resolution posed a potential hardship to anyone.

 

Council Member Love questioned Mr. Strong on the ramifications of dioxins in the river.

 

As a result of the 3-3 vote of the Committee, the item remains on the Committee’s agenda.

 

7.  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

 

1. 9/13/2011 CO  Introduced: TEU

 

    9/19/2011 TEU Read 2nd & Rerefer

 

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

 

 

DEFER

 

8.  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

 

1. 9/13/2011 CO  Introduced: TEU

 

    9/19/2011 TEU Read 2nd & Rerefer

 

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

 

 

DEFER

 

9.  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

 

1. 9/13/2011 CO  Introduced: TEU

 

    9/19/2011 TEU Read 2nd & Rerefer

 

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

 

 

DEFER

 

10.  2011-616

ORD Apv Settlemt in Eminent Domain of Owners' Damages in Total Amt of $146,200 & Statutory Atty's Fees of $19,800 & Recoveragle Costs of $6,664.38, for Total Settlemt of $172,664.38 with Difference bet Deposit Amt & Total Settlemt being $86,464.38, Resulting from Condemnation of Parcels 118 & 718 re Greenland Rd Proj in Proceeding of Jax v. Franklin D. Chapman, et al, Case No. 2007-CA-000951. (Dist 5-Boyer) (Duckworth) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 9/27/11

 

1. 9/13/2011 CO  Introduced: TEU,F

 

    9/19/2011 TEU Read 2nd & Rerefer

 

    9/20/2011 F Read 2nd & Rerefer

 

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

 

 

BILL SUMMARY

 

APPROVE 6 - 0

 

11.  2011-636

ORD Approp $400,000 by Reallocating Funds from Lower Eastside Drainage Stormwater Proj to the Hogan's Creek Drainage Stormwater Proj as Supplemental Funding for Shortfalls; Auth Funds Carryover to FY 2012-2013; Amend Ord 2011-406-E (CIP) to Reflect Funding Changes. (BT 12-008) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/11/11

 

1. 9/27/2011 CO  Introduced: F,TEU

 

    10/3/2011 TEU Read 2nd & Rerefer

 

    10/4/2011 F Read 2nd & Rerefer

 

2. 10/11/2011 CO PH Read 2nd & Rereferred; F, TEU

 

 

BILL SUMMARY     Fact Sheet

 

APPROVE   6 - 0

 

12.  2011-637

ORD Approp $40,000 ($20,000 from U.S. Dept of Interior & $20,000 from City Rsv for Fed Projs) to Restore Jacksonville Conference Proj, for 300 Persons, a Weekend Training Prog Composed of Lectures, Workshops & Local Historic Tours, Combining Environmental Sustainability with Historic Preservation; Designate Oversight by Plan & Dev Dept. (BT 12-010) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/11/11

 

1. 9/27/2011 CO  Introduced: TEU,F,RCDPHS,LUZ

 

    10/3/2011 TEU Read 2nd & Rerefer

 

    10/4/2011 LUZ Read 2nd & Rerefer;    10/4/2011 RCDPHS Read 2nd & Rerefer;    10/4/2011 F Read 2nd & Rerefer

 

2. 10/11/2011 CO PH Read 2nd & Rereferred; TEU, F, RCDPHS, LUZ

 

 

BILL SUMMARY     Fact Sheet

 

APPROVE 6 - 0

 

13.  2011-641

ORD Granting Appl of United Brothers Development Corporation, Inc for an Initial CON to Operate a Materials Reduction Facility at 1196 Eastport Rd; Provide for Conditions. (McCain) (Introduced by Council President Pursuant to Chapt 380, Ord Code)

TEU PH Pursuant to Chapter 380, Ord Code - 10/17/11

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/25/11

 

1. 9/27/2011 CO  Introduced: TEU

 

    10/3/2011 TEU Read 2nd & Rerefer

 

2. 10/11/2011 CO Read 2nd & Rereferred; TEU

 

 

BILL SUMMARY     Fact Sheet

 

PH-APPROVE 6 - 0

 

14.  2011-644

ORD Approp $304,256 in Fair Share Sectors 6-1 ($12,292 Investmt Pool Earnings, $61,018 Rsvs) & 6-2 ($47,759 Investmt Pool Earnings & $183,187 Rsvs) for Final Constrn Change Order for Broward Rd (I-95 to Lem Turner) Roadway Improvemts Proj; Auth Funds Carryover to FY 2012-2013; Amend Ord 2011-406-E (CIP) to Increase Proj Budget. (BT 12-007) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/11/11

 

1. 9/27/2011 CO  Introduced: TEU,F

 

    10/3/2011 TEU Read 2nd & Rerefer

 

    10/4/2011 F Read 2nd & Rerefer

 

2. 10/11/2011 CO PH Read 2nd & Rereferred; TEU, F

 

 

BILL SUMMARY     Fact Sheet

 

WITHDRAW 6 - 0

 

15.  2011-645

ORD Approp $4,977,538.09 from Collected Fair Share Sector Rev to Substitute Fair Share Funding for BJP Funding of Anticipated BJP Proj Costs; Amend Ord 2011-406-E (CIP) to Increase Proj Budgets for "Collins Rd, Westport to Rampart;", Parramore Rd Extension;" Ricker Rd, Old Middleburg to Morse;" "Dean Rd, Beach to Parental Rd;" "8th St/Liberty to Haines;" "8thSt/Boulevard to Liberty;" "13th St;" "Broward Rd/I-95 to Lem Turner;" "Girvin Rd/Atlantic to Mt Pleasant;" "St Johns Bluff Rd, Ft Caroline - Atlantic;" "Lone Star Rd/Arlington to MillCove;" "Greenland Rd (Coastal Lane - US1);" "St Augustine Rd/SR 13 to I-95;" "Hood Rd/Sunbeam to St Augustine;" "Spring Park, Emerson to University;" "Old Kings Rd, Powers to Baymeadows;" "St Augustine Rd, Philips Hwy-Emerson;" "Old Middleburg/Herlong to Wilson;" "Rampart Rd - Argyle to Park City Dr;" "Collins Rd, Shindler to Old Middleburg;" "PED/VEH RR Crossing Grade;" "Lenox Ave, Highway to Day;" "McDuff Ave/5th St;" & "Pulaski Rd, New Berlin to Eastport. (BT 12-011) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/11/11

 

1. 9/27/2011 CO  Introduced: TEU,F

 

    10/3/2011 TEU Read 2nd & Rerefer

 

    10/4/2011 F Read 2nd & Rerefer

 

2. 10/11/2011 CO PH Read 2nd & Rereferred; TEU, F

 

 

BILL SUMMARY      Fact Sheet

 

WITHDRAW 6 – 0

16.  2011-652

ORD-MC Amend Chapt 111 (Spec Rev & Trust Accts), Part 4 (Admin, Personnel & Code Regulation), Ord Code, by Excluding Animal Adoption Fees from List of Fees to be Rcvd by Animal Care & Protective Svcs Vet Svcs Trust Fund. (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/25/11

 

1. 10/11/2011 CO  Introduced: TEU,F

 

 

Fact Sheet

 

READ 2ND & REREFER

 

17.  2011-653

ORD-MC Repealing & Reenacting a new Chapt 652 (Flood Damage Prevention), Ord Code, to Develop a New Ord that meets the Natl Flood Insurance Prog, State of Fla's Criteria & Coordinates with Updates of Preliminary Flood Maps in Tandem with the Flood Map Modernization Proj. (Shaw) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/25/11

 

1. 10/11/2011 CO  Introduced: TEU

 

 

Fact Sheet

 

READ 2ND & REREFER

 

18.  2011-658

ORD Granting TECO Peoples Gas a Utility Easemt to Allow for Relocation of Existing Utilities Presently Located alongside a Retention Pond. (Dist 10-Brown) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/25/11

 

1.       10/11/2011 CO  Introduced: TEU

 

Fact Sheet

 

READ 2ND & REREFER

 

 

 

19.  2011-659

ORD Granting JEA a Utility Easemt to Allow for Relocation of Existing Utilities Presently Located alongside a Retention Pond. (Dist 10-Brown) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/25/11

 

1. 10/11/2011 CO  Introduced: TEU

 

 

Fact Sheet

 

READ 2ND & REREFER

 

 

20.  2011-663

ORD Approp $5,000 from Environmental Protection Bd Trust Fund for Scholarships to Citizens Unable to Afford to Attend the Florida Coastal School of Law/Jacksonville Univ 2011 NE Florida Environmental Summit; Request Emerg Apv. (BT 12-016) (Shaw) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/25/11

 

1. 10/11/2011 CO  Introduced: R,TEU,F

 

                                Fact Sheet        R: Emerg/Amend/App

 

                                EMERG/AMEND(R )/APPROVE 4 – 2 (CLARK, REDMAN)          

 

 

Council Member Richard Clark questioned Vince Seibold, Chief, Environmental Quality, on the nature of the emergency.

 

 

There being no further items on the agenda or business, the meeting was adjourned at 3:41 p.m.

 

 

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

 

10.18.11

Posted: 2:00 p.m.