Weekly Comments from Dale Martin: updates on budget, waterfront, FEMA and marina

City Manager Dale Martin

Submitted by Dale Martin
City Manager, City of Fernandina Beach
June 12, 2020

Budget preparation

Initial meetings with City Commissioners have indicated a general consensus on many facets of the draft budget. The most significant impact on the draft budget from last year to this year is the elimination of the half-mill levy for conservation purposes. That levy was included in last year’s budget as a one-time addition to the operational millage, with the original intent to seek voter approval through a referendum for additional future funding. The City Commission unanimously decided not to move forward with the conservation referendum.

The funds raised through the conservation levy (approximately $1.2 million), as well as other conservation-related contributions, are secured in a dedicated conservation fund which restricts the use of those solely for conservation purposes. The most gracious and notable anonymous donors recently raised their original donation from $100,000 to $150,000, as well as revising their pledge to contribute up to another $150,000 based upon matching individual and corporate donations up to that same amount by November. If interested in contributing as part of this effort, please contact Ms. Kelly Gibson, Planning and Conservation Director, [email protected].

The Five-Year Capital Improvement Plan was presented to the Planning Advisory Board (PAB) earlier this week. Several comments were provided and the members of the PAB will craft a letter summarizing the comments to the City Commission for consideration. City staff will be able to address and clarify the questions and comments raised.

The 2020/2021 budget is scheduled to be presented to the City Commissioners on July 20 and formally presented to the community at the July 21 City Commission meeting.

Waterfront development

The review of the proposed waterfront development was proceeding relatively smoothly (for Fernandina Beach) prior to the onset of the pandemic. A Steering Committee reviewed several development concepts and offered a recommendation to the City Commission, which unanimously endorsed the concept (commonly known as ‘Concept E’). Concept E was then presented to the Parks and Recreation Advisory Commission, the Marina Advisory Board, the Historic District Commission, and the Main Street Executive Board. While several questions were raised, Concept E was generally well-received.

The next step was to have been a public outreach effort in early April to solicit comments from the general public. Due to the pandemic, that effort was postponed. The City has tentatively rescheduled the outreach effort for July 11. More details of that effort will be forthcoming.

Part of the waterfront development is the installation of additional railroad signals on Ash and Centre Streets at Front Street. This effort will primarily be funding by the Florida Department of Transportation (approximately $750,000) and is part of the larger Front Street access plan that will conclude with the re-opening of a crossing on Alachua Street at Front Street. Due to the restricted areas at Ash and Centre Streets, the intersections will have to be reconfigured to accommodate the new signals. The preliminary design of those intersections will be available for review as part of the public outreach effort in July (somewhat incorporated in Concept E).

FEMA and Marina

As presented, the proposed Federal Emergency Management Agency (FEMA) reimbursement is significantly less than originally considered by FEMA officials. For a more thorough review of the history of this effort, please read a previous article published on March 6 in several local media outlets. To further clarify, the project cost of approximately $6.5 million was developed by FEMA, not the City. Upon review of the damage to the Marina, FEMA staff determines whether the extent of damage requires either repair or replacement.

If the estimated cost of repairs (as determined by FEMA) exceeds fifty percent of the replacement value (as it was determined by FEMA on two distinct occasions), the project qualifies for replacement and 75% reimbursement (and additional reimbursement from the State). Once replacement has been determined, the actual cost is irrelevant with regard to the related reimbursement. If the final construction cost were $12 million, FEMA would reimburse 75% of $12 million. Based upon the two (signed) documents indicating the scope of the project qualified for replacement and reimbursement and the City proceeded accordingly with demolition and construction.

It was only last month (three-and-a-half years after Hurricane Matthew) that FEMA changed the scope of the project from replacement to repair. The City believes that FEMA officials have not appropriately reviewed and considered the thousands of documents related to damage assessment and construction, which is the basis for the City’s appeal. The City didn’t “apply” for FEMA reimbursement. Based upon FEMA damage assessments, FEMA prepared two estimates of repair/replacement costs, and following both estimates, the City proceeded accordingly. The City’s appeal is due to the State of Florida by August 31.

The State has sixty days to review before sending to FEMA with a recommendation. Early conversations with State officials indicate that the State will recommend to FEMA that the appeal be granted. FEMA then has ninety days to respond. Stay tuned.

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Frank Quigley
Active Member
Frank Quigley(@frank-quigley)
3 years ago

I differ with Mr. Martin’s review of the situation with FEMA. Working with Common Sense, we obtained a number of relevant public records, emails, notes from commission meetings and interviewed a number of people familiar with this issue.

The State “applies” to FEMA via SF -424 (Application for Federal Assistance) following declaration of a state of emergency by the President. FEMA appoints a Project Coordinator who conducts a Preliminary Damage Assessment (PDA) and prepares a cost estimate as the basis for funding determination—-basically the PW or Form 90-91. Yes, these are signed by the Project Coordinator, but require approval through internal reviews before funding is committed.

The Form 90-91 details the scope of work contemplated and the projected eligible costs associated with such work. It is perhaps reasonable to hope for and possibly expect the assistance asked for,  if submitted according to FEMA rules, but final internal FEMA reviews were not completed and funding committed. And the City had been advised that the original PW could need revision.

The commission knew this and voted a $6.6 M line of credit for the marina anyway. At that meeting Commissioner Smith warned clearly that there is no FEMA money for the marina until it is in the City’s bank account. He was prescient. Why not just do remediation work until final approvals?

As it turns out the current state of play is that FEMA has denied $5.7m of one 90-91 application, and a smaller amount was denied on the other. This was sent on official government letterhead with a detailed review of the denial. The City can now file a formal Appeal challenging the cost elements denied in the Memorandum of Determination.

We want the City to win the Appeal. And we want a great functioning marina. But the issue is that Fernandina Beach taxpayers are now liable for $12M+ debt, when it is not clear this ever had to happen. What will the City do after the next major storm causes significant damage? Place even more debt on taxpayers by rushing ahead without assured commitment of Public Assistance funding? This “cart before the horse” behavior should not be repeated. Citizens deserve better governance from City officials. They gambled with your money.

Everything here is in public records. If you want more information please visit the Common Sense FaceBook page and review the group’s point-of-view on this: https://www.facebook.com/commonsenseFB/. You can then make up your own mind.

Betsie Huben
Betsie Huben(@betsie-huben)
3 years ago

I am sad to see that the opportunity for a referendum vote has been denied to the people of Fernandina. While I have no doubt it’s ability to pass is shaky at best realizing it is a tax and it comes on the heels of the Coronavirus, many citizens know the importance of doing something proactive and sustained before all the remaining land is gone. When it is gone, it’s gone for good. Would it not be better to proceed with the referendum and let it pass of fail by a vote of the citizens? Perhaps there is a majority who still want it despite the tumultuous times we have been living in. In this instance, the citizens are being denied the opportunity to have their say.

NEIL BORUM
NEIL BORUM (@guest_57861)
3 years ago

Hopefully, in the coming election and the ones afterwards ……citizens will look past the electioneering and demand results.

Celeste Simon
Celeste Simon(@tc59)
3 years ago

The Fernandina Beach Observer needs to publish the Common Sense Fernandina Beach article regarding Mr Martin, the city commissioners and FEMA reimbursement for marina repair, not replacement. FEMA’s rejection of the replacement cost was no surprise. FEMA was not going to pay to replace an old Chevy with a Mercedes Benz. Visit commonsensefb.org for “the rest of the story”! Please!

Larry Hale
Larry Hale (@guest_57875)
3 years ago

Dale

How about maintaining some of the other waterfront in particular trimming of hedges and bushes at beach access 25 thru 28 south of Sadler they are overgrown trash catches and look terrible I pick up trash all the time at 25. And where has the mosquito truck been I live across from pump station and mosquitos are terrible. Our tax dollars are not maintaining what we already have so why buy more property to maintain?