by Mike Sharkey
Staff Writer
When the Jacksonville Waterways Commission Quasi-Regulatory Agency Subcommittee first met last month, the objective was to initiate a path toward making the Waterways Commission an advisory board with more say over waterfront projects in Duval County.
At first glance, the idea was for the Waterways Commission to serve as an advisory board and clearing house for everything from new marinas to Downtown riverfront events.
The group also sought to move farther up the ladder in the project approval — or at least the project notification — process. Tuesday morning, the focus shifted toward becoming a more regulatory agency, one that developers wouldn’t just present projects to, but one developers would need official approval from before moving forward with projects like marinas. The question is: Should the Waterways Commission become a quasi-judicial or quasi-legislative commission? Either one would require the City Council’s approval of either a revised or new ordinance that lays out the parameters of the commission’s authority.
If the quasi-judicial path is chosen — the subcommittee plans to make a formal proposal to the entire Waterways Commission at its March 1 meeting — the commission could become an agency similar to the Design Review Committee (DRC) of the Jacksonville Economic Development Commission or the Jacksonville Historical Commission (JHC). Both the DRC and the JHC have the authority to approve or deny projects or aspects of projects. Waterways Commission member Carter Bryan said he originally opposed the entire concept, but has come around after realizing the Waterways Commission could benefit both developers and the city.
“I hope we never get the point where we are dictating to developers what kind of design to use or what color something should be,” said Carter. “We do not want to get into regulating what the private homeowner can do with their waterfront property. Originally, I was totally against this. Now, I see we can help people and help developers save time and money.”
Carter and the other members of the subcommittee point to one project and one conceptual project that, if consulted, the Waterways Commission would have changed dramatically.
“For example, the marina at Metro Park was built totally wrong and was 50 percent more expensive than it should have been. If the Jacksonville Waterways Commission had been involved from the beginning, we could have brought in a group of boaters to help,” said Carter, who also brought up the proposed marina in front of the Landing. He said a 300-slip marina there would never get Coast Guard approval and the currents in that area of the river would make docking a boat in a slip nearly impossible.
Greg Radlinski is an attorney for the Office of General Counsel. He explained the difference between being a quasi-judicial agency and a quasi-legislative agency.
“If you review a project and just make recommendations, it’s more like quasi-legislative. And those recommendations can be ignored,” he said. “If you want your approval to be binding, that’s more like quasi-judicial.”
Radlinski was asked if an ordinance giving the Waterways Commission the authority to approve and deny projects would get Council approval.
“Many on the City Council are for less government,” said Radlinski. “What you are proposing is for more government.”
Waterways Commission member and former City Dockmaster Steve Nichols said he was leery of any legislation giving the Waterways Commission more authority. He said he wants to make sure any changes to the City ordinance would stand up in court.
He added that developers of waterfront property already have enough hoops to jump through because the City may have authority over the land, but the state has most of the authority over what happens over or under water.