BOCC rejects zoning appeal, continues study on infrastructure grant

By Cindy Jackson
Reporter
December 12, 2018

The meeting of the Nassau County Board of County Commissioners on December 10, 2018 was one of the longest in recent memory. The agenda was lengthy but it was just two topics that took the meeting to almost 10pm before adjournment. . . having started at the customary hour of 6PM.

Attorney William Murphy and Joseph Amellio listen to discussion at BOCC meeting.

Consideration of a zoning appeal filed by attorney William Murphy on behalf of landowner Joseph Amellio was up first. The issue: the paving of Davis Road in Callahan. Interim county manager and county attorney Michael Mullin recused himself from the discussion because he had represented the landowner many years ago, prior to becoming county attorney.

The issues debated included consistency and continuity on the part of the county and whether or not the claimant ever filed the final plat. William Murphy, attorney for the claimant, made several mentions of a “total lack of even-handedness” while comparing and contrasting the treatment of Hawks Landing (owned by Mr. Amellio) and another development on Davis Road known as Willow Farms.

Former county commissioner Stacy Johnson took to the podium in support of the applicant’s position and expressed empathy stating, “I understand the frustrations Mr. Amellio is feeling.” Ms. Johnson confirmed that Mr. Amellio had been granted a paving waiver and further stated that she did not believe it was fair that he was denied in 2018 what he had been granted in 2009.

In 2009, Molly Garrett was the county attorney and Scott Herring was the director of public works. Danny Leeper was a commissioner in 2009 as well and that he remembered the discussion and the decision made by the BOCC.

Taco Pope, current director of the Department of Planning and Economic Opportunity (PEO), reported that Mr. Amellio never moved forward his final plat application stating that there are no records of such a filing. While Mr. Amellio had received a paving waiver in 2009, when the real estate market softened, his plans were put on hold for several years.

Mr. Amellio informed PEO that he was ready to get started again in 2016 when he was informed that Davis Road would need to be paved under current county guidelines. In April of 2018, the Conditional Use and Various Board denied the waiver.

After additional discussion among the commissioners and based on “competent and substantial evidence,” the BOCC voted 4-1 to uphold the findings of the Conditional Use and Variance Board. Commissioner Leeper was the lone dissenter on that vote and later stated that “perhaps there were mistakes made on both sides,” and that it seemed unjust that what was approved in 2009 was not approved in 2018 as a result of a new board of county commissioners and changes in county personnel.

Said Mr. Amellio as he walked from the room, “I’ll see you in court.”

$17.4 M Grant

Laura DiBella. Geoff West, and Jim Bush express support for the grant.

Back up for consideration was the Florida Job Growth Infrastructure Grant Agreement with the Florida Department of Economic Opportunity (DEO) for $17.4 million in grant funds to provide water, wastewater infrastructure, natural gas and two rail spurs to the Crawford Diamond Industrial site. As such, the grant represents the largest grant awarded under Governor Scott’s administration.

Despite that piece of good news there were a number of conditions that need to be met which greatly concern County Attorney Mullin and members of the BOCC. Those concerns include “claw back” provisions which would require the county to repay the grant in the event specific job targets are not met – namely 3500 jobs in 15 years, the fact that the county does not own the land, and the cost of a consultant’s study to confirm projected project costs. It is estimated that such a study could cost up to $100,000.

Laura DiBella, executive director of the Nassau County Economic Development Board wrote the grant and was in attendance. She had at her side James Bush with Florida Power and Light, (FPL) Crystal Stiles with FPL and Jeff West with JEA. In addition, Marty Fontes, Mayor of the town of Callahan, was there to express the support of the town for the grant and the Crawford Diamond Project.

After much back and forth with aforementioned parties and with Mr. John A. Crawford, Clerk of the Circuit Court and Comptroller, speaking at the podium on several occasions, the uneasiness in the room was almost palpable.

Toward the end of the discussion, Crystal Stiles confirmed that FPL would cover the cost of the consultants’ study.

When all was said and done, the board voted to tentatively accept the grant if and only if actual agreements, (not letters of support as emphasized by Mullin), are in place with Florida Power and Light, the Town of Callahan and/or JEA, the railroad and Florida Public Utilities. Mullin’s memo to the BOCC of earlier in the day of December 10, specifically stated: “If the figures are too high or if you cannot reach agreements with Florida Power and Light, the Town of Callahan, the Railroad, Florida Public Utilities or JEA, the grant would be rejected. DEO should know that.”

The state Department of Economic Opportunities was expecting an answer from Nassau County by noon on December 11. At press time, Laura DiBella, who refrained from giving a quote, did say that as of close of business, she had not heard from the county as to whether or not a response had been received from DEO.

Planning & Zoning Board

Newly elected Commissioner Bell’s nomination of Jennifer Schriver to replace Charles “Billy” Rogers to the Planning and Zoning Board for District 2 failed on a 4 – 1 vote.  At the last meeting of the BOCC, Commissioner Ford nominated Barry Holloway to replace Ronald Green on the P&Z Board. That nomination was approved

The meeting adjourned shortly after 10pm.

Editor’s Note: Born in Hagerstown, Maryland, Cindy received her BA in Political Science from Dickinson College. Upon graduation, Cindy began her career on Capitol Hill working as a legislative aide and director. She later became a part of the public relations and lobbying team of the American Iron and Steel Institute and served as director of the office of state legislative affairs for the Aircraft Owners and Pilots Association (AOPA). Cindy was involved in economic development with the state of Maryland, and served as executive director of Leadership Washington County. As a community volunteer, Cindy participates in numerous volunteer activities serving as a member of Sunrise Rotary, and as board member of Cummer Amelia Board of Directors.