Fernandina Beach proposed Charter Amendment headed for 2020 ballot

Submitted by Suanne Z. Thamm
Reporter – News Analyst
August 7, 2019 – 2:00 p.m.

The Fernandina Beach City Commission at their August 6, 2019 Regular Meeting approved on second and final reading Ordinance 2019-15, which seeks voter approval to amend Section 10A of the Municipal Charter by adding a third subsection which reads:  

“A referendum election is required prior to sale, lease for a period of more than 40 years, or other transfer of City-owned conservation land which includes land burdened by a conservation easement and/or land that is in a conservation zoning district or has a future land use map designation of conservation. The City Commission must pass an ordinance by super-majority vote to place the matter on the ballot for voters to decide. The decision of the voters is binding on the City Commission. If approved by the voters, the City Commission has the authority to issue a deed for the property, or to issue such other documents as may be necessary to complete the transaction.”

The ballot language will read:

Question No. 1

Should the Fernandina Beach City Charter be amended to provide that City-owned conservation land can only be sold or leased for more than 40 years if approved by voters at a referendum election?

Yes – for Approval No – for Rejection

Commissioners Chip Ross and Mike Lednovich favored placing even more restrictive language in the Charter.  Ross proposed adding language that would prohibit changing the designation of conservation land, no matter who owns it, to any other category of land use, if supported by a super majority vote of the FBCC, to be followed by a referendum.  “Once it becomes conservation land,” Ross said, “it is conservation land in perpetuity [unless approved by] a referendum.”

Lednovich agreed with Ross, but suggested that such a move should require a unanimous vote  of the commission to be placed on the ballot.  Ross accepted this change.

Other commissioners were not as supportive of Ross’ proposed amendment.  Vice Mayor Len Kreger raised concerns over the discovery of mapping errors in the future and questioned whether a referendum should be required to correct a mapping error.  He also raised concerns over private property rights.  Commissioner Phil Chapman cited the same issues.

Fernandina Beach Mayor John Miller

Mayor John Miller raised concerns that technological changes could result in new mapping errors that could affect an entire neighborhood. He said he was concerned about putting a future commission in legal peril with such language in the charter.  Kreger agreed.

City Attorney Tammi Bach said that she believed it would be a mistake to require a voter referendum if there was a unanimous vote of the City Commission.  She suggested that the matter should be addressed in the Comprehensive Plan as opposed to the Charter.  Chapman agreed with Bach, citing time frames needed to place a referendum on the ballot.  He expressed concerns that the language proposed by Ross and Lednovich would not be fair to a homeowner affected.

Lednovich brought up results of the recent National Citizens Survey, which reflected declining trust in city leadership.  “Given the level of mistrust, our citizens want the final say so, especially on conservation land,” Lednovich said.  “I strongly support this going to a referendum.”

Miller agreed with Lednovich on the issue of trust in government, but he added that this was partly attributable to all the misinformation circulating in the community.  “There are a lot of people out here who think the City Commission voted to sell the Greenway,” he said.  “That’s not what happened at all.”

Kreger said that he supported the original referendum question and suggested that the commissioners take more time to look into any modifications.

Ross said he found it interesting that a lot of people say the recent survey results are worthless, but then quote portions that meet their needs.  “When you don’t believe in it, it’s terrible; when you do believe in it, you quote it.”

Lednovich said that the number one question he gets from city residents on the half mill tax levy to purchase conservation land is:  How do we know the city won’t sell this land?

After further discussion, Ross dropped his attempt to amend the ordinance and agreed to support the ordinance as proposed. He asked that his issues be addressed as part of the EAR process.

The referendum as originally presented passed unanimously.  Absent further action, it will appear as presented above on the 2020 General Election ballot.

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Chuck Hall
Chuck Hall (@guest_55666)
4 years ago

please don’t tie the hands of future commissions. This step is an attempt to control the future, control the voters, control the City. What if the city decides to lease property during a financial crash? Oh, the voters can allow it through a vote. Really? Are you willing to place ALL city assets and properties into a referendum condition? What’s good for the goose is good for the gander?

Randolph Rowell
Randolph Rowell (@guest_55673)
4 years ago

Crooks be crooking! being a councilman doesn’t pay as well as it should. We need some extra complicated language the fool the voters 🙂