FBCC votes 4-0 to approve partial vacation of Gum Street

Submitted by Suanne Z. Thamm
Reporter – News Analyst
Reposted August 17, 2017 – 9:20 a.m.

 

On Second and Final Reading at their August 15, 2017 Regular Meeting, the Fernandina Beach City Commission (FBCC) approved Ordinance 2016-40, approving a vacation of public right of way with specific terms and conditions for a portion of Gum Street between Citrona Drive and just west of the Egans Creek Greenway. They also approved Resolution 2017-123, a Memorandum of Understanding (MOU) with W.R. Howell Company, the developer of the Citrona property, regarding conditions set forth by the developer and accepted by both the city and the Nassau County School District. Both actions were approved on a 4-0 vote, with Mayor Robin Lentz abstaining due to a declared conflict of interest (her employment by the School District).

Getting to “Yes” was not an easy path for city commissioners, who first began considering the School District’s request last fall. Public pressure opposing development and supporting conservation uses for the land was vocal. At times the relationship between city commissioners and school board members deteriorated to what looked like a school yard brawl, with members of each body accusing the other of turning the issue into a hostage-type negotiation.

[See earlier Fernandina Observer articles for additional background: https://fernandinaobserver.com/2016/12/07/fbcc-tables-school-board-request-to-vacate-portion-of-gum-street/, https://fernandinaobserver.com/2017/07/20/fbcc-tentatively-approves-vacation-of-portion-of-gum-street-row/. ]

During discussion, Vice Mayor Len Kreger, Commissioners Tim Poynter and John Miller expressed regret that the relationship between the boards had degenerated to a point over this issue that many residents believed that the city was at war with the school district. It was the consensus of the commission to resume joint meetings with the School Board to reset that relationship, which appeared to have gone off track over comments from individual members of each board.

Commissioner Tim Poynter

Commissioner Tim Poynter, who at first reading of the ordinance had added a condition that the School Board agree to take down the fence on the Atlantic Avenue side of their property, explained that he had included that condition because it just seemed like the right thing to do. “Even members of the School Board have said it is an ugly fence,” he said, “and the fence serves no purpose.”

“But I am more than happy to take that condition off,” Poynter continued. Poynter reported that he had reached out to individual School Board members to explain that he felt the fence removal would be viewed as a nice gesture of cooperation. The land that would be then made more available for public use, Poynter said, “is not our land—it’s not their land. It’s everyone here’s land. We all pay school taxes on this.”

“But I am not trying to put a gun to anybody’s head, I’m not trying to say ‘you do this or you get nothing.’ So I will make the motion to approve this action without that condition, but including the other three conditions [approved by the school board].”

The other conditions included: FDOT transferring 2 parcels on the Greenway to the City or developer granting access through the plat to the FDOT parcels, donating $115,000 to the City for land conservation and transferring all wetlands on the affected property to the City for conservation purposes.

Commissioner Roy Smith

Commissioner Roy Smith was not willing to ignore remarks made at previous School Board meetings, however. He cited the joint meeting of the boards, which the city had requested, and reported that every item the city raised had been rejected by the School Board. “They weren’t flexible on anything, forget the fence thing,” Smith said. “There were a number of things.”

Smith said that School Board Member Jonathan Petree (District 5) had said some wise things about this matter during the School Board’s July 27, 2017 meeting. “Good fences make good neighbors – and you shouldn’t use people’s property for free,” Smith quoted Petree as saying. “However, I’m going to use the same two points he made to say [the city] needs to tell the School Board to take their driveway [off North 11th Street] off our property. They installed their driveway across city lots there …”

At this point Mayor Lentz interrupted him, saying he was going off topic and asking him to hold his remarks until commissioner comments at the end of the meeting. Smith disagreed, but Lentz recognized Commissioner John Miller for discussion.

Commissioner John Miller

Miller said, “I think we need to revisit this. This fence thing has turned into a battle; no one really wanted to have a battle with the School Board over a fence.” Miller reminded commissioners that the Yulee’s Florida Railroad plat dating to 1855 showed that the area now part of School Board property on Atlantic Avenue was originally intended to be part of Central Park. He said that the city granted the School District use of the land for a school in the 1920’s, with the proviso that it reverts to the city if no longer used for a school. “It’s not a school anymore,” Miller said. “It’s an administration building with some educational use for adult education. [The School Board] said we could use the property, but the fence makes it look like we can’t use it. I’d like to go back to them again. But I will support the action before us tonight.”

Mayor Lentz called for the vote, and all commissioners supported the ordinance absent the requirement to remove the fence. Commissioners also voted unanimously to support the MOU, which had also been approved by the School Board. Mayor Lentz was required to abstain from both votes since she is employed by the School District.

During Commissioner Comments at the end of the meeting, Commissioner Tim Poynter returned to the FBCC’s dealings with the School Board. He said that he had seen the School Board meeting’s discussion. “As happens at times, people sometimes get on a bandwagon, and there were things said in the heat of the moment. What I had said [removing the fence] had been misinterpreted, which gave them more fuel for the fire. I am still reaching out to them and saying, gee, it really would be nice to take down that ugly fence that makes the property look like a prison. I really truly believe that, and most people I’ve spoken with believe that. But it’s their call. I’m reaching out to them again, with no contingencies, asking that they just do the right thing for the community. And I leave it at that.”

Mayor Robin Lentz

Commissioner Roy Smith asked Poynter when he thought its overtures on fence removal to the School board would come to fruition. Poynter replied, “They are reasonable people, and it will probably happen.”

Smith said, “We know they are not reasonable people. I personally think after what they have done to us, they didn’t listen to you …”

Mayor Lentz interrupted asking, “What are your comments, Commissioner Smith?”

“My comments are, they don’t want to take down their fence, and fences make good neighbors, like School Board Member Petree says. And he said you shouldn’t use people’s land for free, but they are using our land for free on 11th Street. We could say, ‘Pay us for our land.’ I’m willing to take out of my commissioner’s fund money for a land survey [between city and school district property along N. 11th Street]. … If they keep going along that path, I say put a fence there. Because if it’s good for us, it’s good for them.”

Mayor Lentz said, “I think we got off on the wrong foot with the School Board during our joint meeting. We did not have our meeting space appropriately set up and had to scramble to do that. From the get-go we never got off on the right foot with them. I for one would really like to have another joint meeting with them, and I would be willing to go to their chambers or to the Peck Center. I would like for us to have a good working relationship. I watched the July 27th meeting that Commissioner Smith has been referencing, and yes, Mr. Petree was very upset. But if you go back and watch some of our meetings, we have one commissioner who seems upset and bitter and angry, too. We shouldn’t be judging a board by what one member says or believes. I want us to work together. We have a good working relationship with the County now, and we should have a good working relationship with the School Board.”

It was the consensus of the FBCC to hold another joint meeting, and Mayor Lentz directed City Manager Dale Martin to work with School Superintendent Dr. Kathy Burns to set one up.

 

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Dave Lott
Dave Lott(@dave-l)
6 years ago

Commissioner Smith was certainly justified in his disgust with the comments made by more than one of the School Board members. School Board wanted something from the City but wasn’t willing to give anything in return. True, it was a separate issue but how hard would it have been to do the right thing and agree to remove the fence? Time will tell if comes down through less visible discussions.