THE CITY AND PORT OF SANTOS: PROPOSAL TO SOLVE THE MAIN RELATIONSHIP CONFLICT

Transcription

1 PIANC-COPEDEC IX, 2016, Rio de Janeiro, Brasil. THE CITY AND PORT OF SANTOS: PROPOSAL TO SOLVE THE MAIN RELATIONSHIP CONFLICT Adilson Luiz Gonçalves 1 Agnaldo Secco Junior 2 Tainá Tavares Secco 3 1 Mr. MSc. Civil Engineer, Professor and Researcher. Santa Cecília University - UNISANTA, Center of Port, Maritime and Territorial Studies, Santos (SP), Brasil. adilson@unisanta.br.ms., Civil Engineer. Santa Cecília University - UNISANTA, Center of Port, Maritime and Territorial Studies, Santos (SP), Brasil. adilson@unisanta.br. 2 Mr. MSc. Architect and Urbanist. Santa Cecília University - UNISANTA, Center of Port, Maritime and Territorial Studies, Santos (SP), Brasil. a.seccojr@bol.com.br. 3 Ms. Architect and Urbanist. Santa Cecília University - UNISANTA, Center of Port, Maritime and Territorial Studies, Santos (SP), Brasil. tai.secco@hotmail.com. 1

2 ABSTRACT Abstract The Port of Santos is the largest in South America and there are plans to more than double its operating capacity until The City of Santos has excellent quality of life. Tourist and sports city internationally known is considered the "Capital of the Maritime Cruises" in Brazil. Most of its population is concentrated in the insular portion of county, which increases the cost of the urban land, especially in the waterfront neighborhoods like Ponta da Praia, where the main conflict in the port-city relationship occurs: the operation of dry bulk terminals close to urban areas, which cause air pollution and traffic congestion among other problems. The local cruise terminal presents similar problems, located between several dry bulk terminals, impairing the rail and port operation during the cruise season. Moreover, it has other logistical and functional limitations. In this context, reconciling quality of life, the city's image and economic development is very complex, but essential to harmonize all interests involved. This paper proposes a solution for this purpose. Keywords: Port Planning and Management; port-city relationship; cruise terminals; dry bulk terminals; City and Port of Santos. 2

3 1. INTRODUCTION The bulk terminal complex called Corridor of Export was installed in the Port of Santos in 1973 during the military government ( ). At that time, the City of Santos was submitted to a federal intervention, without political autonomy, considered as national security area. This terminal was deployed alongside municipal areas in urbanization phase, as provided for in the Municipal Zoning Plan of 1968 for residential use. In addition to this disregard to the municipal legislation, the location of this terminal was later considered logistically inadequate for road and rail operation, placed at the farthest point of land access to the port. Currently, the Ponta da Praia neighborhood is one of the most modern and populous in the city, while the dry bulk terminal complex still operates using some original equipment, with insufficient control of dust and odor emissions, also affecting the inhabitants of other urban areas as well attracting vectorborne diseases, such as pigeons and rats. This is the main conflict in the local port-city relationship. In other hand, the leased area for operation of cruise terminal began operations in 1998 with contract completion scheduled for The current location of the cruise terminal presents logistical and environmental disadvantage as it is located between dry bulk terminals. In addition, during the cruise season the road and rail traffic and other port operations are affected. Another handicap of this current location is that out of the cruise season the terminal remains underused. 2. THE CITY OF SANTOS Located in the São Paulo state coast - the most important state in Brazil, economically - and distant only 80 km from the capital, Santos occupies an area of 271 km 2 : 39.4 km 2 in it insular area and km 2 in the continent (PMS, 2013). Figure 1 - Location of Santos City (PMS). The estimated population of Santos is 433,153 (IBGE, 2013), and the census in 2010 recorded 419,400 inhabitants, 0.7% of which in the continental area and 99.3% in the insular area, resulting in a population density of 1, inhabitants/km 2, being 10, inhabitants/km 2 only in insular area. According informations from the United Nations Development Programme UNDP in 2013, based on the 2010 census of the Brazilian Institute of Geography and Statistics - IBGE, Santos has the 6th best Municipal Human Development Index (IDHM) in Brazil (0.840), 3rd in the State of São Paulo. According to SEADE, Santos GDP - around BRL 27.6 billion in occupies the 17th place among the brazilian municipalities, overcoming many capitals of states and even states (PMS, 2013), with its economy based on port and related activities, services and construction. 3

4 3. THE PORT OF SANTOS 3.1 BRIEF HISTORY AND LEGAL ASPECTS Although existint since 1543, the Port of Santos had as an official landmark opening of the first 260 meters of "Valongo Pier" on February 2, Becaming a federal port, it was granted for 90 years to the Companhia Docas de Santos - CDS (Dock Company of Santos), a private consortium. After the end of the granting period in 1980, the Federal Government created the Companhia Docas de São Paulo - CODESP (Dock Company of São Paulo State), a state-owned company with the majority capital of the Union, to act as authority, administration and port operator, a condition that remained until 1993, when the areas and facilities were leased to private enterprises. That same year, the Port Authority Councils - CAP were created following a model of decentralization, with effective participation of local actors and deliberative character. Fulfilling these responsibilities, the CAP-Santos approved the Development and Zoning Plan of the Port of Santos - PDZPS 2006 currently in effect. In 2013, the Federal Government withdrew the deliberative character of the CAP, centralizing decisions of the Brazilian Port System in the Secretariat of Ports of the Presidency of the Republic - SEP/PR, in Brasília The "EXPORT CORRIDOR" - CHRONOLOGY AND BACKGROUND The port facilities for the operation of solid bulk plant, which became known as "Export Corridor" of the Port of Santos, were inaugurated in 1973 during the military government ( ). Due to the loss of autonomy of the city in 1969, the municipal laws from 1968 were disregarded. The Figure 2 shows part of the corresponding zoning plan to the Plan of the Municipality of Santos, In it, the Mixed-East Zone - ZML is displayed next to the Port Zone - ZP. Figure 3 is part of Neighborhood Plan that integrates the Director of Plan of the City of Santos, The area later occupied by the "Export Corridor" is highlighted. 4

5 SANTOS ISLAND ZP ZML EXPORT CORRIDOR LOCATION Figure 2 Partial Santos Muncipal Zoning Plan (PMS). SANTOS ISLAND MACUCO ESTUÁRIO BOQUEIRÃO EMBARÉ APARECIDA PONTA DA PRAIA EXPORT CORRIDOR LOCATION Figure 3 Partial Santos Muncipal Neighborhood Plan (PMS). 5

6 The ZML included the follow neighborhoods: Macuco, Estuário and Ponta da Praia, and allow the following uses (Article 87): residential; cultural; recreational, excepted cinemas, theaters, auditoriums, spas and nightclubs; assistance, exclusively clinics; institutional; provision of services in general; commercial; banking, insurance and capitalization; industrial, except extractive, heavy and hazardous industries and noxious manufacturing, and slaughterhouses-refrigerators except poultry slaughterhouses. In the ZP (Art. 94), the muncipality stipulated the obligation of authorizing law for land use for areas: "[...] located in the extended Afonso Pena Avenue to the edge of the Santos estuary and the limits the harbor area with ZT (Tourist Zone) and ZR (Residential Zone)", which included the area of Ponta da Praia ( 3). There was no authorizing law for the implementation of the "Export Corridor ". The city of Santos regained its autonomy in However, the prerogative to define land use in its territory was only consolidated by the "Citizen Constitution" of 1988 that stipulates the competence of municipalities (Art. 30) to "[...] Legislate on matters of local interest; [...]" (Item I); "Promote, as appropriate, adequate territorial ordaining, by planning and control of use, apportionment and occupation of urban land [...]" (Item VIII). The same law, in it Article 183, defined: "The urban development policy carried out by the municipal government, according to general guidelines laid down by law, is aimed at ordaining the full development of the social functions of the city and ensure the welfare of its inhabitants". However, the regulation of these skills occurred only through the Federal Law 10257/2001, which established in its Article 2 that the urban policy, among its objectives, should ensure: Planning the development of cities, the spatial distribution of population and economic activities of the municipality and the territory under its area of influence, in order to avoid and correct the distortions of urban growth and its negative effects on the environment; ordination and control of land use, in order to avoid the proximity of incompatible or inconvenient uses; hearing of the municipal government and the population interested in the processes of implantation or development of enterprises or activities with potentially negative effects on the natural environment or built, comfort or safety of the population. Before losing it deliberative character the CAP-Santos approved in 2006 the Development and Zoning Plan of the Port of Santos - PDZPS, in which the area occupied by the "Export Corridor" would be allocated to general cargo operation, containerized or not, proposing the transfer of this site bulk operation to port areas in Saboó. In 2012, the Strategic Development Plan of the Porto of Santos (p.57) considered the opportunity to transfer the "Export Corridor" to Conceiçãozinha on the left bank of the port (Guarujá City) at the end of the lease agreements in the areas of the Warehouses 38 and 39. 6

7 SANTOS ISLAND SABOÓ GUARUJÁ CITY CONCEIÇÃOZINHA PDZPS 2006 PDEPS 2012 EXPORT CORRIDOR LOCATION Figure 4 Proposals to transfer the "Export Corridor" to new locations. The National Plan for Port Logistics - PNLP (2012) reviewed the expansion plan of the Port of Santos, considering unnecessary a new ship loader of the "Export Corridor" as well as investments in new container terminal in the area of the Warehouses 38 and 39 due the implementation of new private projects. Thus, in accordance with the PDZPS 2006, and after with the PDEPS 2012 and PNLP 2012, a new municipal laws were enacted on July 11, 2011, includind the Complementary Laws: No. 731 (Plan for Development and Urban Expansion of the Municipality of Santos); No. 730 (Planning and Use of Land Use in the City of Santos Insular Area); and No. 729 (Planning and Use of Land Use in the Continental Area of the Municipality of Santos), this one which established the Port and Back-port Zones - ZPR (Art. 8, item V), creating conditions for the expansion of the Port of Santos (Figure 5). 7

8 Figure 5 Municipal Complementary Law 729/2011 Port and Back-port Areas - ZPR in the continental area of Santos City (PMS). So, all analyses, plans and laws converged for the transfer of the "Export Corridor" to areas faraway from urban areas. 3.2 THE MAIN PORT-CITY RELATIONSHIP CONFLIT The municipal Complementary Law No. 730/2011, having the PDZPS 2006 as one of its references, changed the land use and land occupations related to the zoning plan of the insular area, dividing it into two categories (Art. 9). Category 1 includes Orla (beach shoreline) Zone - ZO: area characterized by the predominance of vertical buildings for fixed ou season residential use, permeated by the installation of recreational and tourist activities with a regulation of uses aiming the preservation exclusively residential areas, the increase of recreational and tourist activities and encouraging the aplomb or replacing the buildings plumb. The same category also includes the Port Zones I and II intended for installation of patios and impactful port activities, whose purpose is to minimize the conflicts with the urban fabric optimizing the occupation of the internal areas to the Port. The Zoning partial plan inherent LC No. 730/2011 is shown in Figure 6. 8

9 Figure 6 Partial Zoning Plan of the Island Area of Santos City LC nº 730/2011 (PMS). The zones ZO, ZI, ZCI and ZCII are adjacent to ZPI and ZPII and as defined in the law, have predominantly residential occupations, especially the Orla Zone (ZO), which also has tourist potential, and the Zones Central I and II (ZCI and ZCII), which also has cultural and historical approach. The same law established a damping range, which appears in blue in Figure 6, characterized in Category 2, with the objective; "Minimize the impacts of port and back-port activities, in order to allow commercial activities and providing services compatible with residential areas" (Art. 10, Paragraph V). According to the latest demographic census (2010), the neighborhoods: Aparecida, Embaré, Boqueirão e Ponta da Praia, in that order, are the most populous of Santos City. In 2010, theses four neighborhoods had 136,689 inhabitants, equivalent to 32.5% of the local population. Figure 7 shows partially the Neighborhood Plan corresponding to the LC No. 730/

10 ZPII EXPORT CORRIDOR (inside ZPII) Figure 7 Partial Neighborhood Plan of the Island Area of Santos City LC nº 730/2011 (PMS). Its location on the waterfront tourist area, puts them among the most expensive properties in Santos City, sold for up to USD 4.2 thousand/m 2. However, the proximity of port areas, especially the "Export Corridor" has long was cause for protests of the inhabitants of these neighborhoods, due to the emissions of particle material environmental generated by the plant bulk operation and conflicts between road and rail transportation. The most significant anomalies detected in the area are: waste constancy on urban roads; unpleasant odors; emission of particulate material; frequent congestion; and proliferation of potential vectors for transmission of infectious diseases (pidgeons and rats). Despite several actions of the City Hall of Santos and environmental agencies, the measures adopted by the Port Authority and port operators involved were not effective. 10

11 Figure 8 - Aspects of solid dry vegetables bulk operation in the "Export Corridor", near the Ponta da Praia Neighborhood. In the background residential buildings recently built. Source: Journal of the Orla, edition of July 26, Despite the guidelines of the PDZPS 2006, PDEPS 2009 (and its update in 2012) and PNLP 2012, the Federal Government decided to continue the dry bulk operations in Ponta da Praia, with the announcement of the First Block of Port Rentals, in August 9, Of the four current leases, one of them finish in 2012, two in 2016 and 2017, and only one has longer term, ending in The announcement was made without previous consultation to the municipality, contrary to Art. 14, item II, of the Law No Attempting to reconcile the interests of municipal and federal governments, and in line with the studies carried out by the Port Secretariat of the Presidency, Santos City Hall proposed the transfer of the bulk operations to other locations in construction or with potential to increase productivity. This transition would maintain the dry bulk operation while the federal government prepare leases for areas available for expansion, as provided for the municipal law. Given the reticence of the Federal Government to reassess its position, the municipal government, using its constitutional attributions, enacted on November 30, 2013 the Complementary Law No. 813, which amended the wording of Art. 2 of the Complementary Law No. 730 of July 11, 2011, by adding the item III, paragraph 3, Art. 22, which considers nonconforming the regularly licensed uses before the effective date of this complementary law and not within the categories of use allowed in zone and road classification, and sealing licensing for expansion in the area of the "Export Corridor ". Thus, it was prohibited the expansion of existing plants bulk terminals or similar new leases in this area. The Federal Government obtained an injunction in the Superior Brazilian Federal Court, suspending the effects of municipal law. However, until the writing of this article the merits is still pending. The Federal Government argues that the contractual requirements for new leases secured to mitigate the negative impacts of the operations of the "Export Corridor". 11

12 4. THE CRUIZE TERMINAL OF THE PORT OF SANTOS The leased area of the Cruize Terminal is located in the region known as "Santa" and began it operations in 1998 with contract completion scheduled for Figure 9 - Location and aspects of the Cruize Terminal of the Port of Santos. During the season , 738,981 passengers used this terminal. However, during the season , were 1,120,830 passengers (CONCAIS, 2016). The current terminal cruises presents logistical and environmental drawbacks, as it is located between terminals of vegetable and mineral bulks, faraway of turistic areas which prejudice the city's turistic image. In addition, during the operation of cruise ships the road and rail traffic and other port operations are affected. Figure 10 - Location and aspects of the Cruize Terminal of the Port of Santos. In the foreground a dry bulk terminal. The depth along the berths is insufficient for larger cruise ships with great draft. Thus, some boats have to be moored in berth of distant cargo terminals, forcing long displanements of passengers to the points of embarkation / disembarkation, morover preventing other port operations. Another drawback of the current location is that outside the cruise season (November to April) the terminal remains idle. 12

13 5. PROPOSAL - TRANSFERT THE CRUIZE TERMINAL Considering the current locations of the "Export Corridor" and the Cruise Terminal and the options for transfert this activities and expansion of the Port of Santos, the following proposal aims to: Eliminate environmental impacts and health risks of dry bulk operation in urban areas near the "Export Corridor"; Ensure the maintenance and expansion of the operational capacity of the Port of Santos, in obedience to PDZPS 2006 to PDEPS 2009 (and its update in 2012) and PNLP 2012; Provide better location and infrastructure for the current Cruize Terminal, in order to provide adequate services to tourists, integration with the city and reduce interference of this kind of port operations with the loading and unloading of cargo ships; and Reconciling the end of leasing contracts with the implementation of new projects. Having made these points, the proposal is to transfer the dry bulk terminal complex from Ponta da Praia to the continental area of Santos, far away from the urban areas, and transfer the Cruise Terminal to Ponta da Praia (Figure 11). Figure 11 - Proposal to transfer the Cruize Terminal. This solution will allow the construction of a modern cruise terminal, similar to the best currently existing equipment in the world, favoring the use of the non-customs areas for public events and uses, during and after the cruise seasons. This complex would also include: shopping center, convention center, parking and other facilities and attractions, increasing the profitability for operators and investors A NEW CRUIZE TERMINAL - CONCEPTUAL PROJECT The Needs Program adopted for the project includes areas for: Ground floor: check in; stores; public agencies; cruize agencies; shuttle service; baggage claim; ground and underground parking. 1st and 2nd Floor: boarding; landing; rooms reserved for the Santos dock authorities; management; kitchen and dining room for terminal staff; rooms for meetings and conferences; auditorium; operation control center; safety. 13

14 Figure 12 - "EXPORT CORRIDOR" LOCATION. Figure 13 - NEW CRUIZE TERMINAL - IMPLANTATION PLANT (TAINA TAVERES SECCO - ARCHITECT). The terminal can be expanded, increasing its capacity. For its location and equipment, the area is not bonded may be used outside the cruise season for cultural and social events, expanding and diversifying the financial income of the business. Figure 14 - NEW CRUIZE TERMINAL - EXTERNAL ASPECTS (TAINA TAVERES SECCO - ARCHITECT). 14

15 Figure 15 - NEW CRUIZE TERMINAL - INTERNAL ASPECTS (TAINA TAVERES SECCO - ARCHITECT). Another important aspect of this new location is the proximity to tourist areas, natural and urban landscapes and public facilities, such as: Municipal Aquarium; Fishing Museum; Sea Museum; the largest continuous beach garden in the world according the Guinness Book of Records; connection with the ferries to Guarujá City, also a touristic destiny; boat tours; eco-tourism, etc. The space currently occupied by the Cruise Terminal would be designed for cargo operation with low environmental impact, with adequate logistics, operating, for example: cellulose or offshore support bases, which are other demands of the Port of Santos. 6. CONCLUSION It is necessary to seek harmony between the expansion projects of the Port of Santos and the interests of citizens, in order to reduce conflicts between urban areas and port facilities. There are areas available for expansion in the continental portion of Santos City. These areas can be used for the progressive transfer of port activities currently negatively impacting urban areas of the island portion of Santos City. The liberated areas would be designed to friendly activities with higher added value. The deadlines for their occupation are compatible with the end of the terminal leases that are now located in areas where their operation causes internal and external conflicts. Transfers areas and uses proposed in this article are also consistent with the laws and previous history plans, and allow the solution to the largest port-city conflict: the bulk plant operation in Ponta da Praia. The cruise terminal in Ponta da Praia will contribute significantly to the improvement of infrastructure, health care and, finally, the tourist image of Santos City, adding quality, efficiency, functionality and architectural beauty to the largest Brazilian cruise operation, in the largest port in South America. Thus, this solution will represent, in several aspects, a new landmark in the port-city relationship. 7. REFERENCES BRASIL (1988): Constituição da República Federativa do Brasil, Federal Governement. Brasília - DF - Brasil. BRASIL (2001): Lei nº , de 10 de julho de "Estatuto da Cidade", Federal Government. Brasília - DF - Brasil. BRASIL (2009): Plano de Desenvolvimento e Expansão do Porto de Santos PDEPS, The Louis Berger Group/Internave. São Paulo - Brasil. BRASIL (2012): Atualização do Plano de Desenvolvimento e Expansão do Porto de Santos PDEPS. Secretaria de Portos da Presidência da República - SEP/PR, Universidade Federal de Santa Catarina - UFSC, Fundação de Ensino de Engenharia de Santa Catarina FEESC, Laboratório de Transportes e Logística LABTRANS. Florianópolis SC. Available in: < Access in December 03,

16 BRASIL (2012): Plano Nacional de Logística Portuária PNLP: Planos Mestres - Sumário Executivo. Secretaria de Portos da Presidência da República - SEP/PR, Universidade Federal de Santa Catarina - UFSC, Fundação de Ensino de Engenharia de Santa Catarina FEESC, Laboratório de Transportes e Logística LABTRANS. Florianópolis Brasil. Available in: < Access in December 03, BRASIL (2013): Lei Nº 12815: Dispõe sobre a exploração direta e indireta pela União de portos e instalações portuárias e sobre as atividades desempenhadas pelos operadores portuários; altera as Leis n os 5.025, de 10 de junho de 1966, , de 5 de junho de 2001, , de 28 de maio de 2003, 9.719, de 27 de novembro de 1998, e 8.213, de 24 de julho de 1991; revoga as Leis n os 8.630, de 25 de fevereiro de 1993, e , de 12 de dezembro de 2007, e dispositivos das Leis n os , de 3 de julho de 2006, e , de 5 de setembro de 2007; e dá outras providências, Federal Government, Brasília - DF - Brasil. CONCAIS (2016): Estatísticas, Terminal Marítimo de Passageiros Giusfredo Santini Concais S.A. Santos - Brasil. Available in: < Access in November 04, IBGE (2013): Instituto Brasileiro de Geografia e Estatística. Rio de Janeiro - Brasil. PMS (1968): Lei nº 3.529, de 16 de abril de Plano Diretor Físico do Município de Santos, Prefeitura de Santos. Santos - Brasil. PMS (2011): Lei Complementar nº 729, de 11 de julho de 2011 Ordenamento do Uso e da Ocupação do Solo na Área Continental do Município de Santos, Prefeitura de Santos. Santos - Brasil. Available in: < Access in December 02, PMS (2011): Lei Complementar nº 730, de 11 de julho de 2011 Ordenamento do Uso e da Ocupação do Solo na Área Insular do Município de Santos, Prefeitura de Santos. Santos - Brasil. Available in: < Access in December 02, PMS (2011): Lei Complementar nº 731, de 11 de julho de 2011 Plano Diretor de Desenvolvimento e Expansão Urbana do Município de Santos. Santos - Brasil, Prefeitura de Santos. Available in: < Access in December 02, SEADE (2010): Censo 2010, Fundação Sistema Estadual de Análise de Dados. São Paulo - Brasil. UNDP (2013): Human Development Report, United Nations Development Program. New York - USA. 16