May 2011 Board Meeting Minutes - Northeast Florida Regional ...

NORTHEAST FLORIDA REGIONAL COUNCIL
Board of Directors Meeting
May 5, 2011
MINUTES
The regular monthly meeting of the Northeast Florida Regional Council was held on Thursday, May 5,
2011, at 10:05 a.m. in the Soforenko Board Room of the Northeast Florida Regional Council, 6850
Belfort Oaks Place, Jacksonville, Florida, 32216. President Brown called the meeting to order with the
following members present representing a quorum:
BAKER Hugh Fish
Darryl Register
CLAY Wendell Davis
Steve Howard
Ken Smallwood
Chereese Stewart
DUVAL Bill Bishop
Elaine Brown
Paul Parsons
FLAGLER Milissa Holland
Jon Netts
Catherine Robinson
NASSAU Barry Holloway
Bob Spaeth
PUTNAM Kenny Eubanks
Nancy Harris
Vernon Myers
ST. JOHNS Ken Bryan
EX-OFFICIO Geoff Sample for Jeff Cole
Larry Parks
Greg Strong
Excused: Jimmy Anderson, Adam Giddens, Richard Brown, Michael Corrigan, Bob Sgroi,
Shirley Graham, Larry Williams, Bill Leary, Jay Morris, Karen Stern, and Danita
Andrews
Others Present: Steve Fitzgibbons

Staff Present: Eric Anderson, Michael Calhoun, Sheron Forde, Kathy Harris, Jennifer Hewett-
Apperson, Danny Hinson, Ed Lehman, Margo Moehring, Guy Parola, Ameera
Sayeed, Donna Starling, Mario Taylor, and Brian Teeple
*APPROVAL OF PRIOR MINUTES
President Brown asked for a motion on the April 7, 2011 meeting’s minutes. Commissioner Eubanks
moved approval; seconded by Commissioner Bryan. Motion carried unanimously.
*CONSENT AGENDA
President Brown asked if any items on the consent agenda needed to be removed. Hearing none, she
called for a approval of the Consent Agenda; on voice note, consent agenda was approved.
COMMITTEE REPORTS
Personnel, Budget & Finance (PB&F) Committee
Vice Chair Fish reported that the PB&F Committee reviewed the March 2011 financial packet as
presented and discussed our current year to date loss as compared to the same time last year. He also
noted that we are anticipating a higher loss next month until contracts start coming in and we will also
experience a three payroll period month.
Vice Chair Fish, on behalf of the PB&F Committee, moved approval of the March 2011 Financial
Report.
President Brown called for a second on the motion to approve the March 2011 Financial Report;
Mayor Netts seconded the motion. Motion carried.
Planning and Growth Management Policy (P&G) Committee
Vice Chair Netts stated that the P&G Committee met and reviewed the Baker County Adopted
Amendment 11-1ER. On behalf of the P&G Committee, Vice Chair Netts moved approval of the
Baker County Adopted Amendment 11-1ER. President Brown called for a second; seconded by
Mr. Register. Motion carried.
Vice Chair Netts stated that the P&G Committee reviewed and approved the Interlachen Adopted
EAR. On behalf of the P&G Committee, Vice Chair Netts moved approval of the Interlachen
Adopted EAR. President Brown called for a second; seconded by Commissioner Holloway.
Motion carried.
Vice Chair Netts stated that the P&G Committee reviewed and approved the Crescent City Adopted
EAR. On behalf of the P&G Committee, Vice Chair Netts moved approval of the Crescent City
Adopted EAR. President Brown called for a second; seconded by Commissioner Holloway.
Motion carried.
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Vice Chair Netts stated that the P&G Committee reviewed and approved the Welaka Adopted EAR.
On behalf of the P&G Committee, Vice Chair Netts moved approval of the Welaka Adopted
EAR. President Brown called for a second; seconded by Commissioner Eubanks. Motion
carried.
Vice Chair Netts stated that the P&G Committee reviewed and approved JEA 10-Year Utility Site
Plan Review. There was some discussion in the Committee meeting about the inter-relationship
between an electric facility and its water consumption consumptive use permit, although the reports
dealt specifically with the electric portion of the utility.
On behalf of the P&G Committee, Vice Chair Netts moved approval of the JEA 10-Year Utility
Site Plan Review. President Brown called for a second; seconded by Commissioner Holloway.
Motion carried.
Strategic Regional Policy Planning (SRPP) Committee
Chair Bryan stated that the SRPP Committee met this morning and there was a lot of discussion
regarding the policy plan itself. He said the conversation started with the fact that it was mandated to
address emergency procedures, and various counties must work together in order to have coordinated
initiatives. There was also a lot of discussion about the goals and vulnerability maps that are not yet
complete. The implementation plan and climate change were also discussed. The Committee members
contemplated as to whether the term “climate change” should be added to the plan, and if it was
relevant. They deliberated on not using the term and focusing on goals. He stated that Ms. Moehring
had reviewed each of the goals with the Committee such as local governments working together and
resiliency, particularly when considering hurricanes. This led to further consideration of hurricane
preparedness plans to increase awareness among our residents. Mr. Spaeth is conducting town hall
meetings on Amelia Island to get people involved in planning for the possibility of a hurricane and
flooding. The Committee reviewed whether building roads to maximize evacuation capacity should
even be noted in the plan since none of them can really afford to do so. Commissioner Holland and
Chair Bryan both spoke of the limited ability to expand evacuation routes. Other topics included reentry,
various other plans, post disaster development, domestic security initiatives, and emergency
communications information.
Vice Chair Fish left the meeting at 10:15 a.m.
President Brown thanked Chair Bryan for his report and commented that she previously spoke to staff
member Mr. Hinson regarding our ability to plan and prepare for hurricanes and felt we were fortunate
when compared to the devastation caused by tornadoes, which only allows a few minutes in
preparation. Mr. Smallwood mentioned the recent devastation in his hometown of Tuscaloosa, where
most of his childhood landmarks are now gone. President Brown expressed her sympathy.
Florida Regional Councils Association/Legislative Policy Committee
Chair Eubanks reported that the Legislative Committee met last month to discuss various activities,
and Bills that addressed and identified regional priorities and appropriations for the Regional Council.
He recognized the assistance of Board Members during the Legislative Session and stated that Mr.
Teeple will be providing an updated as part of his report. He also announced there will be no
Legislative Committee meeting following the Board Meeting today.
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OTHER REPORTS/ACTION ITEMS
Resolution 2011-08: Jane Miller
Mr. Teeple informed the Board that he received a resignation letter from Board Member Jane Miller.
Her gubernatorial appointment was through October 1, 2010; but she had decided to remain on the
Board through Governor Scott’s transition. Therefore, she has tendered her resignation from the Board.
Staff recommends Resolution 2011-08, honoring Ms. Miller for her service to the Northeast Florida
Regional Council. Mr. Teeple read a portion of the Resolution into the record.
President Brown called for a motion on the Resolution. Mayor Netts moved approval of
Resolution 2011-08; seconded by Commissioner Harris. Motion carried.
Transportation Disadvantaged Regionalization Efforts
Mr. Lehman reminded the Board that the Northeast Florida Regional Council serves as the Designated
Official Planning Agency (DOPA) of six of the seven counties in Northeast Florida. Last September 2,
Mr. Lehman and Mr. Teeple attended a statewide regionalization meeting in Orlando of all DOPAs, at
which time the State Transportation Disadvantaged (TD) Commission offered a model that Council
staff and the Jacksonville Transportation Authority (JTA) did not feel was feasible in Northeast
Florida. It was actually detrimental to our efforts to address regionalization in our seven county region.
We have been working together with JTA to propose our own model. Mr. Lehman briefly described
our proposed model with a PowerPoint presentation. He first noted that the Northeast Florida Mobility
Coalition was formed in Spring of 2006 to create regional partnerships, identify mobility solutions, and
develop strategies; no formal regionalization efforts were started until last year. The first effort was
with the Mobility Summit on September 8, 2010. Coalition and non-Coalition members organized
with the goal to listen to the best practices for mobility coordination from subject matter experts. In
October of 2010, JTA Executive Director Michael Blalock requested that the Northeast Florida
Mobility Coalition play the lead role in regionalization efforts. As a result, the NEFRC, North Florida
Transportation Planning Organization (NFTPO), and JTA have brought together the Community
Transportation Coordinators in the seven counties and proposed to establish the Northeast Florida
Mobility Coalition Executive Committee, consisting of sixteen members with seven Local
Coordinating Board Chairs, with special thanks to the three of which are on our Board of Directors:
Commissioners Harris, Bryan, and Anderson. The other nine members include the seven Community
Transportation Coordinators and two Florida Department of Transportation (FDOT) representatives.
To further carry out the roles and responsibilities, three Subcommittees were formed: Technical,
Policy, and Resources. Mr. Lehman reviewed the Mission Statement of each Subcommittee. He noted
the Subcommittees have each had two meetings in March and April and another series scheduled for
late May. After that, recommendations will be presented at the initial Executive Committee meeting,
anticipated in late June or July of 2011. An update on these efforts was reported to the TD
Commission last October and probably will be again in August 2011. Discussion followed.
President Brown also thanked the Board Members for their support and efforts on Transportation
Disadvantaged and expressed her concern about the funding. During a visit to Tallahassee in support
of this important program, Commissioners Bryan and Harris spoke of individual experiences that
have caused great concern and frustration. They both gave examples of how changes will detrimentally
affect this program, citizens, and the region.
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Commissioner Bryan made a motion that the NEFRC Board send a Resolution to the Governor
and Legislature emphasizing its support of this program; seconded by Mr. Smallwood. Motion
carried.
Mr. Teeple requested additional direction in drafting the Resolution. For it to have any opportunity of
effectiveness, it needs to be in Tallahassee immediately because Medicaid Reform is currently on the
floor of the Senate. If the Resolution is intended to influence decision making, it must be drafted and
presented to the Board before it adjourns. If the Resolution is expressing overall support and concern,
it can be drafted and presented at leisure.
Commissioner Harris suggested a letter to the Governor and volunteered to assist as wordsmith. A
lengthy discussion ensued as to what should be presented, when, and to whom.
Mayor Myers motioned to present both a letter and Resolution to the Legislature and the
Governor; seconded by Commissioner Bryan. Motion carried.
Commissioner Eubanks added that some Board Members also sit on other Boards and Committees
that study transportation and they have discussed these same topics and whether we need a regional
system.
Staff was immediately dispatched to draft the Resolution and letter at 10:45 a.m.
Web EOC Update
Mr. Hinson presented the project “Web EOC,” a web-based tool that is found in each Emergency
Operations Center. It is used to help support and manage an incidence or event, and allows the user to
track resources. It provides real-time information over the web, providing an immediate snapshot of
what is going on in any County at any given time. NASA, EPA, the Nuclear Regulatory Commission,
Homeland Security, and our County Emergency Operations Centers are a few of the Web EOC users.
Mr. Hinson further explained that NEFRC was responsible for bringing Emergency Management
Region 3 counties together to review different software to determine the best program. Web EOC was
elected as the best tool; it was provided by an Urban Areas Security Initiatives grant. Several Board
Members asked Mr. Hinson questions or made comments regarding Web EOC effectiveness. Mr.
Teeple then further explained our role. We worked very closely with communities on the selection of
the software, wrote the grant that funded it, bought and installed the equipment, trained EOC staff on
Web EOC utilization, and now Mr. Hinson is in the process of acting as administrator of the system in
all thirteen counties. A brief discussion followed.
Commissioner Stewart left the meeting.
First Coast Vision
Ms. Moehring provided an update on First Coast Vision. Overall, we are still on track and expecting it
to be done in September for the Regional Community Institute (RCI) Board Meeting. Due to limited
funding, it was decided to advertise a Design Challenge to create buzz and challenge professionals to
submit a conceptual representation or image of First Coast Vision. The due date for expressions of
interest is tomorrow. Also, the First Coast Consortium is reviewing the initial draft of First Coast
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Vision and their results are due to us this week. From there, we will create the second draft, which will
be followed by approval and implementation. By September, we will be able to articulate from the
perspective of the RCI, where we want to be in 50 years. We then need to involve local businesses and
citizens to join us in carrying out the Vision. The RCI Board is meeting June 23 rd at our office and
everyone is invited to attend. Shelly Lawton from Myregion.org and Alissa DeGregorio from Tampa
Bay Partnership will be present to discuss their plans and address any of our questions. Their two
regions are already in the implementation process of their Vision plans. President Brown and Mr.
Teeple will be meeting with each county in an upcoming road trip and have agreed to introduce First
Coast Vision. Ms. Moehring invited members of the Board to submit any implementation ideas to her
via email or phone.
Legislative Update
Mr. Teeple reported that the Legislative Session is set to adjourn no sooner than 10:21 p.m. tomorrow
evening (Friday, May 6). The Legislative appropriations for the Regional Councils have been allocated
at $2.5 million; $1.8 million of that is recurring revenue, and $700 thousand non-recurring. That is the
same amount the Councils received last year. Our Council’s portion is about $220 thousand. Mr.
Teeple thanked each Board Member for their efforts in speaking with Legislators on our behalf.
Mr. Teeple then summarized some major issues, including the changes to the Florida Retirement
System (FRS). For the first time ever, employees are required to contribute 3% of their salary to the
FRS. He is examining the possibility of NEFRC assuming the expense. There are changes to local
retirement systems as well. The Department of Economic Opportunity (DEO) was created in Senate
Bill 2156, which is the Office of Tourism, Trade, and Economic Development; Agency for Workforce
Innovation; and various pieces of the Department of Community Affairs (DCA). DCA is fully funded
at their current level in the budget, but that is transitional for three months and then they will go back to
the Legislative Committee and make appropriate adjustments. Mr. Teeple’s understanding is that the
planning side of DCA is going to DEO. Mr. Teeple also summarized other topics of the Legislative
Session such as red light cameras at intersections, Medicaid overhaul, a constitutional amendment on
State revenue caps, school dress code and nutrition, impact fees, gun laws, and immigration. He
reported that Water Management Districts received a $210 million rollback in taxes. There is a
proposed constitutional amendment on commercial property tax lowering the rate in which assessments
can increase in a year from 10% to 5%. The same amendment provides that assessments on homestead
properties can not increase when the market falls. Those two items total approximately $2 billion in
cuts to our local governments. There has been a significant expansion in charter and virtual schools,
making it more difficult for our school systems to operate. A fertilizer Bill is awaiting Senate action.
Mr. Teeple provided a report on the status of growth management. HB 7129 passed the House several
weeks ago and stalled, awaiting action on SB 1122. The budget conferees were named and as they
were considering budget conforming bill, SB 2156, regarding the reorganization of State government,
they considered amendments to HB 7129, to add into SB 2156. Thus far, there has been no formal
release of what growth management entails and no copy of the bills can be found, however, Mr. Teeple
was able to acquire some information about the bill. His brief interpretation of the 383 page Bill is as
follows:
It renames it as the Community Planning Act and incorporates the concepts of urban sprawl out of Rule
9J5 into the Bill and then repeals Rule 9J5. That is important to the development community because
there is a lot of legal precedence based upon Rule 9J5 and if you repeal it, you remove the legal
precedence. The law states that you have to have at least enough land available in the various
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categories to accommodate the projected growth and there is no limit on how much you can designate.
It removes financial feasibility requirements from your capital improvements element; they no longer
have to be financially feasible. It removes the pilot status of sector plans and makes them available to
anyone with 15 thousand acres or more and also indicates that the sector plans are not DRIs. You can
approve a sector plan in a conceptual basis as an amendment to your comprehensive plan and then take
down specific pieces which are not amendments to your comprehensive plan, but are done by
ordinance at the local level. It makes the current alternative review process the norm for the entire
State. It also additionally restricts the DCA’s ability to challenge a local government comprehensive
plan. It removes mandatory concurrency for transportation and schools; local governments can still
keep concurrency if they so choose, but it is not required. It eliminates Dense Urban Land Areas
(DULA) and the requirement for mobility planning; DULA reappears in the DRI portion of the
legislation to follow. It prohibits mini hometown democracy referenda on local government charters.
It eliminates the energy efficiency requirements that were contained in HB 697. It eliminates twice a
year comprehensive plan restrictions. For DRI’s, it raises the thresholds for substantial deviation; you
can make more changes inside your DRI after it’s approved without it being a substantial deviation. It
provides a four year extension to build out the DRI’s, attached to a seven or twelve year extension;
clarity is required on extensions. Mines, movie theaters, and industrial properties are no longer DRI’s.
The DULA reappear in the DRI section for the purpose of making those communities which meet
DULA thresholds DRI free zones. Local governments still have responsibility under Chapter 163 and
380. Our role in the whole process has not changed. As mentioned last month, there was an attempt to
change the composition of our Board, but it remains as is. We are coordinating with Secretary Buzzett
on regional workshops so he can explain all changes in more detail.
Mr. Teeple then addressed the so-called Dot.com bills, SB 376 and HB 493. HB 493 states that if you
book your hotel room on travel sites, you must pay the tourist development tax. It was passed by the
House on Monday; however, Mr. Teeple feels it may not pass the Senate. Commissioners Bryan and
Holland updated the Board on their knowledge and status of the bill.
The final bill discussed was HB 883, which is currently in the Senate. It restricts local government’s
ability to regulate short time rentals; this is a concern for our coastal communities in particular.
Mr. Smallwood felt Mr. Teeple’s report brought good news, especially as it pertains to growth
management. It allows the County Commission or City Councils to do what is in the best interest of
their constituents in terms of growth management, control, taxing, etc.
Commissioner Holloway stated that in regards to concurrency, local governments can also opt-out of
changing their comprehensive plan by ordinance; they can leave it in place and not act on the new law.
Mr. Teeple concurred by stating that if you want to retain concurrency within your County on schools
or transportation, you do nothing. If you don’t want concurrency in your Community, you have to
amend your comprehensive plan.
OTHER – Resolution 2011-09: Supporting the Preservation of Funding for the Commission for
Transportation Disadvantaged
Mr. Teeple presented Resolution 2011-09 supporting the preservation of funding for the Commission
for Transportation Disadvantaged. This item was requested earlier in this meeting. After the Board
Members took time to review draft Resolution 2011-09, President Brown called for a motion on
Resolution 2011-09: Supporting the Preservation of Funding for the Commission for Transportation
Disadvantaged.
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Commissioner Holloway moved approval as presented; seconded by Commissioner Bryan.
Motion carried.
Mr. Teeple presented and read a draft letter of transmittal to accompany the Resolution. President
Brown called for a motion on the transmittal letter.
Commissioner Eubanks moved approval of the letter as written; seconded by Commissioner
Harris. Motion carried.
President Brown commended staff on their efforts in drafting the Resolution and letter.
None.
None.
Enterprise Florida
No report provided.
PUBLIC COMMENT
VOTING MEMBERS’ REPORTS
MEMBERS/EX-OFFICIO MEMBER’S REPORTS
Department of Environmental Protection
Mr. Strong stated that DEP had nothing to report at this time.
Department of Transportation
Mr. Parks stated that DOT had nothing to report at this time.
St. Johns River Water Management District
Mr. Sample reported that Governor Scott announced the appointment of two new members of the
Governing Board recently: Chuck Drake of Orlando and Lad Daniels of Jacksonville. Mr. Arlen
Jumper’s term is expiring soon and the Governor will announce a new appointment for his position in
the near future. On May 17 at 10:00 a.m. in Green Cove Springs, a public meeting will be held for
minimum flows and levels prevention and recovery strategy development. The Jacksonville Electric
Authority will also be holding a consumptive use permit meeting Tuesday, May 10; details can be
found at the District website.
PRESIDENT’S REPORT
President Brown reported that the Jacksonville Community Council Institute (JCCI) has been meeting
at the NEFRC offices each Wednesday since January 4 th to review the economic downfall and recovery
efforts in the Northeast Florida seven-county region, a subject initiated in October of last year.
Meetings concluded recently and the conclusions are still being drafted; the findings will be shared as
soon as they are available. JCCI made recommendations that could positively affect the duties that
would be associated with this Board and the NEFRC staff. She thanked Board Members that attended
meetings in their counties; JCCI staff, volunteers, the study group, and management committee were
met with such great cooperation. She stated it has been an honor to serve as Chair of JCCI; it was a
worthwhile and educational experience. Emphasis was placed on the fact that the climate for regional
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