Nassau Legislative Delegation postpones OHPA Charter actions for now

Submitted by Suanne Z. Thamm
Reporter – News Analyst
December 8, 2015 5:06 p.m.

The audience quickly filled all available seats in County Commission Chambers for the meeting of the Nassau Legislative Delegation.
The audience quickly filled all available seats in County Commission Chambers for the meeting of the Nassau Legislative Delegation.

Members of an Amelia Island-wide committee formed 18 months ago to address concerns related to the Port of Fernandina and the Ocean Highway and Port Authority (OHPA) were disappointed last night when the Nassau Legislative Delegation failed to support their request to move quickly to address limited changes to the OHPA Charter. Instead, State Senator Aaron Bean, who with State Representative Janet Adkins comprise the Nassau Legislative Delegation, put off Charter changes until next year, thereby supporting the comprehensive, countywide review of the Charter, which OHPA will cause to begin in January.

DSCN5880The Nassau Legislative Delegation met in the Nassau County Board of County Commissioners chamber in Yulee on December 7, 2015. By the time the legislators arrived ten minutes after the advertised 5:00 p.m. start time, the chamber was packed with residents and representatives of business, industry and economic development. The overflow crowd sat on the floor, stood at the back of the chamber and took up extra seats normally reserved for meeting principals. The Sheriff provided extra security for the meeting.

DSCN5891Senator Bean chaired the meeting, which was delayed to give both Bean and Adkins time to travel from Jacksonville and a previous meeting of the Duval Legislative Delegation. Local elected officials in attendance included OHPA Commissioners Danny Fullwood (Chair), Richard Bruce, and Adam Salzburg; Property Appraiser Mike Hickox; City of Fernandina Beach Commissioner Tim Poynter.

The Delegation’s agenda was limited to considering two bills relating to the OHPA Charter and the Port of Fernandina. A bill drafted by Representative Adkins put forth changes arising from public meetings, which seemed to have support from both local citizens and OHPA. This bill tightened language in Section 1 of the existing charter. It also removed the possibility for OHPA to control, manage or operate casinos or petroleum oil refineries, while adding the possibility of providing high-speed Internet in the county.

Amendment proponents (l-r): Frank Santry, Faith Ross, Jeff Kennard, Medardo Monzon
Amendment proponents (l-r): Frank Santry, Faith Ross, Jeff Kennard, Medardo Monzon

The second set of changes, put forth by local attorney and citizens committee representative Frank Santry, requested that the charter be changed to reflect two changes approved by the City of Fernandina Beach on a 3-2 vote in Resolution 2015-169 on December 1, 2015. Those changes, limited in scope to the area encompassed by the city, supported repealing of the charter provision regarding OHPA’s ability to preempt local regulations and would have required OHPA to gain approval from the Fernandina Beach City Commission to condemn private property within the city limits.

Audience members (l-r) Lynn Williams, OHPA commissioner Richard Bruce, NCEDB Executive Director Laura DiBella. Note SRO crowd at rear of chamber.
Audience members (l-r) Lynn Williams, OHPA commissioner Richard Bruce, NCEDB Executive Director Laura DiBella. Note audience members standing at rear of chamber.

Twenty-one speakers addressed the Delegation on these proposed changes. While there was general consensus on the need to update the OHPA Charter, which was written in the 1940’s, speakers were roughly divided into two camps: those who supported moving immediately on the limited changes being proposed while also pursuing the longer term comprehensive charter review process; and those who believed that the comprehensive, countywide approach to charter review was a better way to proceed to achieve consensus from all the stakeholders and ensure a strong port operation going forward.

Frank Santry
Frank Santry

Those who pushed for immediate action cited frustrations in dealing with OHPA going back 18 months to the promulgation of a Port Master Plan that appeared to dismiss island citizens as stakeholders. Frank Santry, the author of the citizen bill, cited what he termed OHPA’s “arrogance and indifference” to concerns raised by local citizens. He cited the Fernandina Beach resolution has having been narrowly drawn to re-enforce the general government rights of the city under home rule and to reassure city residents that their local government exists to protect them.

Santry said that revising the OHPA Charter should not be left in the hands of the OHPA, the government body that will receive the final report and decide whether to pass it on to the Legislative Delegation for action in the 2017 Session. He also cited concerns that the Charter Review Committee, as OHPA has set out, underrepresents Fernandina Beach and Amelia Island, the areas most affected by port safety issues. Santry stressed that port operations are entirely contained in the City of Fernandina Beach.

Medardo Monzon presented a short video clip showing recent explosions in the Chinese port of Tianjin that were caused by both improper storage of chemicals and poorly prepared firefighters.

Tom Cote-Merow
Tom Cote-Merow

While most of the citizens supporting the Santry position thanked the Delegation for seeking their input, they expressed sometimes harsh criticism of OHPA tone and substance in dealing with their concerns over the past 18 months. Island activist Tom Cote-Merow said in reference to OHPA commissioners, “You were the guys who started this. The issues could have been resolved over a cup of coffee in a half hour discussion. But you drew first blood. If you remove the threats and [belligerent] attitude, we are willing to work with you. But if this is all about politics, we’ll go to the judiciary or the governor. If these issues can’t be resolved, we want the charter revoked and you all removed.”

Jeff Kennard
Jeff Kennard

Jeff Kennard, an island resident with deep roots in the community, said that the people are demanding action now because OHPA has failed to live up to its responsibilities, characterizing commissioners’ attitude as “arrogant and duplicitous.” He cited what he termed an “insidious, co-dependent relationship” between OHPA and their port operator, Kinder Morgan. He expressed frustration at OHPA’s rejection of charter recommendations put forward by a professional, highly qualified group of citizens whom he characterized as more knowledgeable about a variety of relevant topics than OHPA Commissioners. He concluded his remarks by claiming that the recent call for a countywide OHPA Charter Revision Committee was “a disingenuous late effort” to win back community trust, but that it was “too little, too late.”

Phil Scanlan
Phil Scanlan

Phil Scanlan, who at Adkins request had pulled together the citizens committee that produced the recommendations, said that citizens have tried working with OHPA. He presented a matrix to show how charters in other Florida ports differ from the local one. He added that six Florida ports are overseen by the cities in which they are located, not an independent authority. He pleaded, “All we are asking for is local control over two matters. Let the Fernandina Beach City Commission have a little control [over property within their jurisdiction]. You have to act now. Please fix it.”

Faith Ross
Faith Ross

Port activist Faith Ross reminded the Delegation that they had told the citizens to seek support from their local governments, which they did in asking the FBCC to approve their draft of a resolution. Ross reminded legislators that OHPA is exempt from city and county ad valorem taxes, yet 65 percent of the revenue they receive through taxes comes from Amelia Island. “We can’t afford another year of constant bickering,” she said. She reminded the Delegation that no one raised concerns over piece-mealing charter changes last summer when they sponsored a local bill to change elections from non-partisan to partisan without countywide review. She presented the Delegation with more than 500 petition signatures from local citizens asking for immediate action.

Chuck Hall
Chuck Hall

Chuck Hall, who credited Ronald Reagan with his becoming a Republican, quoted Reagan as having said that government will not freely give up powers that it has. He asked the Delegation to respect Fernandina Beach’s home rule and to let the citizens through their city government run their own town.

Michael Harrison
Michael Harrison

 

 

 

 

City resident Michael Harrison stressed that the citizen sponsored charter changes should not be taken as a rejection of the port. Rather, he said, the problem lies with OHPA management and its relationship with Kinder Morgan. He said that a better way needs to be found to manage the port, suggesting that there should be a survey and an audit conducted on the relationship between the two bodies. “At the moment,” he said, “the relationship is dysfunctional. [OHPA] is thumbing its nose at the electorate and at you [the Delegation]. Make what changes you can as a first step.”

Theresa Hamilton
Theresa Hamilton

Theresa Hamilton, speaking on behalf of the Amelia Island Bed & Breakfast Association, said that her organization endorsed the charter changes approved by the city. She said that “the Amelia Island Fernandina Beach experience” is the product that local B&Bs sell. “This is business, too,” she said. “It is critically important for us to be able to continue to sell this product.” She added that because other city businesses must abide by city regulations with respect to their property, she did not see why the port would not be required to do the same.

Speakers not in support of current proposals to amend the OHPA Charter expressed fears about unintended consequences of moving too quickly to pass legislation that had not been thoroughly vetted by all the stakeholders. They supported a robust review of the existing charter, endorsing the method, means and timetable proposed by OHPA that would produce a report for consideration by August 2016. They also expressed fear that the hostile atmosphere that currently exists between citizens and OHPA and the port is a deterrent to recruiting new industries to the county and the city. Nassau County Economic Development Board (NCEDB) Executive Director Laura DiBella said that she is “willing and happy to work with the community to revise the OHPA Charter” but asked that “changes be considered in a deliberate and comprehensive manner” to avoid sending a bad message to the business community. She said, “We need to show that we are willing to work together.” Stuart Nazzaro, who also works in the area of economic development, said that hostilities over the past few months have been “remarkably counterproductive” to recruiting new business to the county. He urged all concerned to follow the process outlined by OHPA.

Laura DiBella addresses Delegation.
Laura DiBella addresses Delegation.
Michael Stokes
Michael Stokes

Michael Stokes, whose family has owned land in the county since the 1800’s and who works in the timber industry said that he was “dead against” taking the charter amendments to Tallahassee at this time. He said that when handcuffs are put on the port, such action also affects people on the other side of the county in Bryceville. He asked that the OHPA course of action be followed. “Let’s leave it to the elected officials,” he said, “and hear from all the people in the county, not just Amelia Island and Fernandina Beach.” This sentiment was also endorsed by west side resident Hugh Graham and Dan Roach, who cited his experience with St. Johns River Water Management District (SJRWM). He said that although SJRWM also had eminent domain authority, it was never used. “Patience is important,” he said.

Both WestRock and Rayonier Advanced Materials representatives cited support for and good working relationships with the Port of Fernandina. Colin Campbell and Emily Hamm of WestRock cited a current lack of consensus over charter proposals, endorsing a broader process to include more stakeholders across the county.

WestRock's Colin Campbell addresses Delegation.
WestRock’s Colin Campbell addresses Delegation.
Rayonier's Russel Schweiss (l) and C.A. McDonald prepare to speak.
Rayonier’s Russel Schweiss (l) and C.A. McDonald prepare to speak.

Russell Schweiss in representing Rayonier said that the port is of strategic interest to the entire county. He reminded the Delegation and the audience members that the port has operated for 30 years without bringing disaster to the community. The current acrimonious debate within the community hurts not only the port but the mills as well. He stressed the importance of bringing all the stakeholders together to update the OHPA charter to help strengthen the port. Rayonier’s Mike Bell said, “Speed kills. In the current environment peace is going away, and that is not good for the county as a whole.” C.A. McDonald, Rayonier’s Fernandina plant manager, said that the current OHPA charter, crafted in the 1940’s, could not address future needs and developments. He said, “We need a lot of smart people in the room to update this charter.” He added that the working waterfront is a great resource for the community and justifies the investment of time to consider charter changes more fully.

Mike Rubin
Mike Rubin

Mike Rubin, Vice President of Governmental Affairs for the Florida Ports Council, also spoke at the meeting. He said that in some instances language in the OHPA Charter may be out of date. When conflicts arise with language of federal or state law and the OHPA Charter, the federal and state laws govern. He cited “myriad regulations” that govern port and OHPA activities, adding that every transportation entity has the right of eminent domain, but has found that it is easier to buy property from a willing seller than to exercise that right. He expressed the hope that both sides will find a way to work together to promote both safety and a healthy environment, adding that he would be happy to help in any way. He also expressed his opinion that a realistic master plan is more important than the charter.

OHPA Chair Danny Fullwood
OHPA Chair Danny Fullwood

Last to speak was Commissioner Danny Fullwood, current OHPA chair. He said, “I think we can all agree that there are a lot of changes we can make [to the OHPA Charter].” In response to a question from Senator Bean, Fullwood described the plan to establish the Charter Review Committee and its reporting requirements.

Representative Adkins asked if it was OHPA’s intent to receive the final report and pass it on as written to the Legislative Delegation. Fullwood said that OHPA would not take the recommendations “carte blanche,” suggesting that some legal issues might prevent OHPA from accepting parts of the report.

Following public input, Adkins moved to approve the charter recommendations that she had drafted. She said that her proposed changes incorporated exclusions that both the citizens committee and OHPA supported while expanding OHPA powers. She said that the citizens had made their case. She also explained that she was adding language to better position OHPA for economic development opportunities tied to technology. She did not address the city’s resolution.

DSCN5918But Bean did not support her motion. He said that the nature of a local bill is that it represents consensus, and that a 3-2 city vote was too close to be termed consensus. He said, “We should allow the [charter review process] to go forward.” He acknowledged that government consensus building moves slowly, but that “If we act too quickly, we could strangle the goose that lays golden eggs for the community,” a reference to OHPA and the Port of Fernandina. In declaring that Adkins’ motion failed, he said, “We will hold OHPA accountable. The bills presented tonight should be groundwork for the Charter Review Committee. I thank everyone for their input. We will make sure that the [Charter Review Committee] does its job.”

Version 2Adkins also thanked speakers for a productive dialog and tone on both sides.

The Charter Review Committee, not yet formed, is due to begin work in January.

Suanne Thamm 4Editor’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.

3 Comments
Oldest
Newest Most Voted
Inline Feedbacks
View all comments

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

Perhaps a mixed blessing in that should legislative action proceed with these narrow (but important) changes, the legislature’s willingness to take the matter on again in a couple of years might be pretty low. That being said, the composition of the committee with all its appointments subject to the approval of OPHA is the fox guarding the hen house.
Some will say this is nothing but politics in all the maneuvering. If that is the case, there is a political solution in the election of the OPHA commissioners.

Faith Ross
Faith Ross(@faith-ross)
8 years ago
Reply to  Dave Lott

I agree with you Dave, OHPA is guarding its hen house. But the citizens will likely not let the issues with the Port’s charter rest. Fernandina Beach’s citizens and present businesses need to feel that they are protected from a Port Commission which fails to write assurances to them. If all of this negative press from the citizens is causing an atmosphere that is “counterproductive” to recruiting new businesses, then perhaps stonewalling is not a “productive” path to take. The OHPA may also want to note that the make up of the Fernandina Board of Commissioners has just changed to better reflect the view of its citizenry. Only two requests were made from the City of Fernandina. One was that the Port still retain eminent domain, but attain consent from the City on properties within the City limits. The other was that it comply with state law and abide by City ordinances on lands within the City. The Port is tax exempt, when properties are taken off the tax rolls forever, Nassau County also loses tax revenues.

Steve Crounse
Steve Crounse (@guest_46070)
8 years ago

So I guess our State Legislators feel by kicking the “Eminent Domain” Can down the Road For at least another year will appease the “Local Folk” especially the 500 plus who signed our City Resolution. Plus our City Commissioner who validated it. Do our Legislative protectors, our Governing Body think the rancor within this City and our Island will just go away? This avoidable situation is only going to continue to fester between this Authority and our Citizens. “It ain’t goin away”This whole mess has been Political Theater. For whatever Reason, and I’m sure politically it’s a good one, Senator Bean has chosen, to continue put our “Town At Risk” I think the first order of Business for our New City Commissioners, is to take another vote on the amendment resolution. to show the Honorable Senator a unanimous 5-0 vote in support of our Citizens. For a Community to not have the control to direct it’s own destiny in a democracy is so vary wrong. Nothing good will come from it.