Submitted by Suanne Z. Thamm
Reporter – News Analyst
November 22, 2017 – 11:00 a.m.
During Public Comment at the November 21, 2017, Fernandina Beach City Commission (FBCC) Regular Meeting, Dr. Ronald J. “Chip” Ross addressed the commission. He said,
“Previously I filed a legal challenge concerning zoning changes approved by the City Commissioners. The city has an award winning Comprehensive Plan that states: ‘The city shall perform a housing needs assessment by December 2013’ and ‘The city shall establish a citywide neighborhood planning program to encourage the stabilization and preservation of residential neighborhoods.’
Ross said that city has admitted that neither study has been done. He argued in his case before an Administrative Law Judge that the word “shall” was mandatory, while the city argued that such changes could be made regardless of performing the studies. The Judge agreed with the city. The Administrative Law Judge’s ruling was reported earlier by the Fernandina Observer (see: https://fernandinaobserver.com/2017/11/09/no-basis-in-law-or-fact-alj-finds-against-ross/). At the time, City Attorney Tammi Bach reported that Ross’ appeal had cost the city about $20,000 in legal fees.
Ross will face Orlando Avila in the December 12, 2017 run-off election for City Commission to replace Robin Lentz, who declined to seek a second term.
Ross said, “Although I do not agree with the Administrative Law Judge, if the Department of Economic Opportunity confirms [her] ruling, I will not appeal that ruling. Additionally, I dismissed the Declaratory Judgment action [before Circuit Court] this morning. I would ask that the City Commission direct the City Manager to perform the housing needs assessment that should have been done years ago to determine how the city can best meet the housing needs of our residents. I would also ask the Commission to direct the City Manager to perform the neighborhood planning program to determine how future zoning changes impact local neighborhoods.”
He went on to suggest that if the Commissioners do not choose to follow the Comprehensive Plan, they remove the aforementioned “mandates” from the plan.
Vice Mayor Len Kreger said, “Dr. Ross is aware, everybody should be aware, that we have budgeted for the housing needs assessment . We are in the process of working with the County and the Schindler group from the University of Florida. The study will probably be firmed up in December.”