FBCC formally adopts Amelia Park PUD amendment under confusing circumstances

Submitted by Suanne Z. Thamm
Reporter – News Analyst
July 8, 2018 8:00 p.m.

The public was confused. And confounded.  Several residents attended the July 3, 2018 Fernandina Beach City Commission (FBCC) Regular Meeting to voice opposition to Ordinance 2018-07, which proposed amending the Amelia Park Planned Unit Development (PUD) to allow more residential development on land many of them believed had been set aside for recreation.  Instead, they and commissioners listened as City Attorney Tammi Bach tried to explain that the decision to approve this ordinance had been made at First Reading at the June 5, 2018 meeting  following a quasi-judicial hearing.  Therefore, at this Second Reading of the ordinance, commissioners would not be permitted to change their votes from the First Reading at which time they approved the action on a 3-2 vote.  [Mayor John Miller and Commissioner Chip Ross had voted against approval.]

Bach first explained that the title of the ordinance was wrong on the agenda; but that it had been published correctly in the newspaper, and she had read it correctly twice as required by law.  She then explained that while a Second Reading was required, the vote that had been taken following the quasi-judicial hearing at First Reading was the final word. She said that in the future the FBCC would address such situations by not having a vote following the quasi-judicial hearing, but delay the vote until the Second Reading.

“Under Florida law, and this is a little different than we’ve done it before, titles of ordinances must be read twice.  Before the final adoption, there has to be a 10-day notice in the newspaper.  This has been done,” Bach said.  She went on to say that on second reading the earlier vote, which was taken following a quasi-judicial hearing in which evidence was presented and sworn testimony given, could not be overturned.  She said that the FBCC would have to take a vote because it was so advertised in the newspaper, but that commissioners could not change their votes at this time without evidence and testimony.

“I would encourage you to listen to the speakers, make a motion and a second and to take a vote, because we do have to adopt [the ordinance] finally,” Bach said.  She expressed a willingness to entertain questions, but neither the FBCC nor the audience responded.

Vice Mayor Len Kreger moved approval of the ordinance, and he received a second from Commissioner Phil Chapman.

Miriam Hill, attorney for the YMCA in requesting the PUD amendment, asked permission to supplement the record with an affidavit from developer Joel Embry and two exhibits that she had submitted to the city on June 19.  There were no objections.

Four speakers addressed the commissioners.  The audience applauded each speaker. Bradley Bean expressed his opposition to losing recreational land in the city.  Thomas Washburn, who lives across the street from the land in question, renewed objections he had raised at the previous meeting, emphasizing the increasing traffic congestion from the growing Amelia Park and general city population. Michael Miller followed Washburn, expressing his concern that rules are being bent to allow increased development. “What are we doing here?” Miller asked. Robert Duffy withdrew his request to speak.

Following public comment Commissioner Chip Ross addressed concerns about disappearing green space by quoting songster Joni Mitchell, who lamented “paving paradise to put up a parking lot.”  He said to his fellow commissioners, “5, 10, 15 years from now I hope you can all look back confident that you made the right vote.  I continue to oppose this amendment.”

The ordinance was adopted on Second Reading with the same 3-2 vote as recorded at First Reading.

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.