Fernandina Beach annexes Gateway complex into city

Submitted by Suanne Z. Thamm
Reporter – News Analyst
May 22, 2014 6:15 a.m.

17.46 acres of land located at SR 200 and Gateway Blvd voluntarily annexed into city with 4-1 vote approval of Ordinance 2014-18
17.46 acres of land located at SR 200 and Gateway Blvd voluntarily annexed into city with 4-1 vote approval of Ordinance 2014-18

On third and final reading at their May 20, 2014 Regular Meeting, the Fernandina Beach City Commission (FBCC) voted 4-1 to approve Ordinance 2014-08, authorizing the voluntary annexation of 17.46 acres located at SR 200 and Gateway Blvd. into the city, despite objections from some affected property owners that the annexation was neither voluntary nor desirable.  Commissioner Pat Gass cast the dissenting vote, claiming that she wanted more time to discuss the matter in hopes of reaching a more amicable arrangement with the affected property owners.  While the annexation takes place immediately, the property will not be added to the city’s tax rolls until December 31, 2014.  The presence of both an attorney representing at least one affected party and a court reporter suggest that this matter may be heading to court.

 

City Attorney Tammi Bach and Mayor Ed Boner
City Attorney Tammi Bach and Mayor Ed Boner

City Attorney Tammi Bach introduced this item, advising commissioners that following the April 15, 2014 public hearing on this matter, the city had removed Somerset Apartments from the proposed annexation.  Deputy City Manager Marshall McCrary provided a brief slide show depicting the land to be annexed along with information demonstrating how the city had met all legal requirements.  He also included slides addressing questions raised at the previous hearing along with comparisons on land use requirements for development comparing existing Nassau County code with that of the city of Fernandina Beach.

Commissioner Pat Gass asked why the city had not proposed taking over responsibility for road and infrastructure for the private road within the Gateway complex.  McCrary replied that the city had not been requested to do so, adding that in acting on a request the city would need to inspect the existing road, fire hydrants, etc., to make sure that they met all city codes before agreeing to assume responsibility.

Ron Flick of Compass Group
Ron Flick of Compass Group

Mayor Ed Boner opened the public hearing.  The first speaker was Ron Flick of Compass Group, who continued arguments from the earlier hearings opposing the annexation action.  Flick, his attorney and the city attorney went back and forth over the meaning of emails exchanged between Flick and then-city Community Development Director Peter King.

Attorney Mollie Garrett
Attorney Mollie Garrett

Mollie Garrett, Flick’s attorney, continued to maintain that the city has failed to meet statutory requirements for voluntary annexation with respect to contiguity of land to be annexed and compactness.  She maintained that the city would create an isolated enclave of county property, prohibited by law.  She again raised concerns over the form and validity of the signed documents agreeing to voluntary annexation as a condition for receiving water and sewer services from the city, claiming that those documents were “unclear and vague at best.”  She urged the commissioners to be cautious in considering approving the proposed annexation, suggesting that they not rely just on the signed forms as proof that the annexation is voluntary.

Charlie Monroe
Charlie Monroe

Charlie Monroe, an affected property owner in the Gateway complex, suggested that there was “a lot of room open here for more discussion” over the next 60-90 days.  He was interested in exploring benefits accruing to Gateway owners if the city would agree to take over responsibility for the road within the complex.  City Manager Joe Gerrity said that the city has never been asked to take over the road, and that such a request would be handled whenever it was received, independent of the annexation issue.  He emphasized that his response was not a negotiating ploy.

Andy Alexander, owner of the Somerset Apartments, thanked the city for removing his property from the annexation action under review, adding that he had no additional comments.

City Attorney Tammi Bach countered each argument opposing the proposed action point-by-point.  She reiterated arguments supporting contiguity and compactness and demonstrated that by not annexing county roads, the city was not denying access to county or creating an enclave of county land within the city.  She took particular care to refute arguments alleging that all affected property owners has not properly executed the voluntary annexation agreements at the time that city water and sewer services were provided.  She stated forcefully that the city had honored its portion of the agreement by providing water and sewer, so the agreements could not be revoked.

Mayor Boner declared a short recess to allow Ron Flick to review records in the city’s file.  When the hearing resumed, Bach concluded that the area in question is reasonably compact and contiguous to existing city boundaries; that it annexation does not create an enclave; the action meets all statutory requirements; and that the property owners have been the beneficiaries of city sewer service since executing the annexation agreements.

DSCN2599Commissioner Gass asked for another reading to allow time for more research on the situation with the road and fire hydrants within the Gateway complex.  “I’m pretty sure [annexation] is going to happen,” she said, “but I’d like to make it as painless as possible [for the property owners].”  Gerrity once more said that such action is not part of the annexation issue.

Mayor Boner closed the public hearing after an hour at 8:30 p.m.  Vice Mayor Sarah Pelican moved approval and was seconded by Commissioner Johnny Miller.  Pelican agreed that the city should look into taking over the road and infrastructure within the Gateway complex.  When the vote was called, Gass hesitated before voting against the action, stressing that her vote signified a need for more discussion.

Suanne ThammEditor’s Note: Suanne Z. Thamm is a native of Chautauqua County, NY, who moved to Fernandina Beach from Alexandria,VA, in 1994. As a long time city resident and city watcher, she provides interesting insight into the many issues that impact our city. We are grateful for Suanne’s many contributions to the Fernandina Observer.