FBCC and OHPA press the RESET button

Submitted by Suanne Z. Thamm
Reporter – News Analyst
September 21, 2018 9:36 a.m.

Following several years of meetings and discussions, city staff presented for First Reading proposed Ordinance 2018-30 at the Fernandina Beach City Commission’s (FBCC) September 18, 2018 Regular Meeting.  The Ordinance proposed changes to the city’s Comprehensive Plan by introducing a text amendment to address port facilities.   The proposed amendment was crafted by city staff and the Planning Advisory Board to achieve consistency with statutory requirements and direction for Port planning.

The FBCC declined to adopt the ordinance, opting to accept the Ocean Highway and Port Authority’s (OHPA) invitation to work collegially with them and citizens to revise the current OHPA Master Plan prior to addressing the City’s Comprehensive Plan Port Element.

City Attorney Tammi Bach recapped the city’s history with the Ocean Highway and Port Authority (OHPA) going back to 2014 and OHPA’s adoption of its Master Plan.  The 27 attachments to the agenda item detailed much of that history.  She acknowledged that the existing port element in the city’s Comprehensive Plan has been in place many years.  However, she referenced an August 27, 2018 letter from OHPA last month objecting to several changes that the city was proposing to make.  That same letter contained a request that the city and OHPA work together to resolve these differences before the city consider adopting the proposed ordinance.  Bach added that in light of the OHPA request, neither she nor City Manager Dale Martin nor Planning Manager Kelly Gibson was making a recommendation at this time.

OHPA Chair Adam Salzburg requested and was granted permission to address the FBCC.  He indicated that OHPA, in recognizing past difficulties in dealing with the city, wanted to extend an olive branch.  He said that in recognition of the problems caused by the development and adoption of the current OHPA Master Plan, the OHPA board has expressed a desire to begin work on a new Master Plan earlier than required by the state and in collaboration with the city of Fernandina Beach and citizens of both the county and the city.

“We have worked really hard as the two boards to improve our working relationship,” Salzburg said.  He cited OHPA’s help to the city in dealing with the U.S. Army Corps of Engineers in the 408 Process to repair Hurricane Matthew damage to the city marina.  “We provided that help without hesitation,” he said.  “I can’t extend more of an olive branch than asking you to sit down with us to develop a new Master Plan.”

Commissioner Chip Ross spoke to differentiate the differences between the city’s Comprehensive Plan and the Port’s Master Plan.  “Those are two entirely separate documents,” Ross said.  He addressed points that Salzburg had raised in his August letter to the city.  Ross disputed that OHPA had not been given adequate notice of Planning Advisory Board meetings and hearings that addressed the Port Element.  He claimed OHPA had been given adequate notice, but did not attend. He also cited a joint workshop between the boards that produced no action.

Ross went on to explain his personal involvement via attendance at OHPA meetings and individual meetings with OHPA commissioners.  He addressed some of OHPA’s concerns with the proposed ordinance, explaining that the city’s concerns lay solely with the Port of Fernandina, which is located within the city, as opposed to OHPA’s larger reach.

“I think it’s a wonderful idea to sit down with the Port, if we pass this,” Ross said.  “But sitting down together hasn’t produced much in the past. If they would put their complaints, concerns or suggestions [in writing] … please say what they are.”

With that, Ross moved adoption of the ordinance with 3 amendments.  The motion died for lack of a second.

Vice Mayor Len Kreger said that he liked Chair Salzburg’s proposition.  He cited the “massive authority” given to OHPA via state law. “We don’t like a lot of that,” Kreger said, “but OHPA has said they are willing to sit down with us over their Master Plan.  We can then write our Comprehensive Plan so it jives with their plan.  We might even be able to get some amendments to state law to address some of our concerns that even OHPA has acknowledged might never happen [e.g., oil refineries, casinos, resorts, etc.].”

“I think this is an opportunity where we can sit down collegially with an organization – and we haven’t had very good relations in the past – and work together to get things done,” Kreger said, reminding the FBCC that the city’s entire Comprehensive Plan will need to be redone in two years.  “This is an excellent opportunity to sit down and do something right to establish a positive working relationship,” he concluded.

Commissioner Roy Smith added that he was tired of the adversarial relationship with OHPA, allowing that it has been much better this year under Salzburg’s chairmanship. “We’ve gotten a lot done, and I don’t want to be cramming stuff down their throats again,” he said.  “Let’s just get together and work this out so that both sides are happy.  We’ve had a problem that some of us want to fight the Port.  We’ve got to stop the fighting.  … Yes, they were very difficult originally, but their attitude has changed.  Let’s sit down and work this out.  Otherwise, it could be going on forever.”

Smith moved that the city sit down with OHPA in a joint committee to go over the outstanding items in the Comprehensive Plan and any other items and try to resolve the issues within six months.  Vice Mayor Kreger seconded the motion.

Commissioner Phil Chapman said, “I think Commissioner Smith hit this on the head.  We have to stop fighting because we are both in this boat together.”  He added that OHPA had stepped up to help the city with the marina permit problems. “They could have said, no, we’re not going to help you because we want this or that.  But they were there to help us.  I’ve even gone so far as to approach some port people about helping us to get a fireboat, which would benefit everybody.  They agreed to look into that.  This is what we should be doing, not fighting.  We’re all on an island and there is no place to hide.  So I support this motion.”

Commissioner Ross said that he would be happy to go along with the motion, but pointed out, “We have had multiple, multiple, multiple meetings on this.  They’ve been invited; we’ve been invited. … I call this kicking the can down the road once again.  So be it:  we’ll have another meeting we’ll see where we go from here.”

Commissioner Smith said, “Just in listening to the discussion tonight and everything that’s gone on in the past, Commissioner Ross does not need to be on this committee. He’s had a very adversarial relationship [with OHPA].   Let’s get people who want to work to get something done.”

City Manager Dale Martin agreed to work with Bach and OHPA to come up with suggested membership for the board, which Smith incorporated into his motion.

Smith’s motion passed on a 5-0 vote.

Editor’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.