Submitted by Susan Hardee Steger
$732,115 was refunded to 91 customers due to the City’s failure to provide a 90 day notice of impact fee increases. In 2008 and 2009, the City amended the water and sewer impact fee calculations based on Equivalent Residential Units (ERU) resulting in an increase in impact fees. Florida Statutes require a 90 notice.
At a recent meeting the city commission voted 5 – 0 to repeal the Impact Fee sections regarding the increase and provide partial refunds noting the refunds were “in the best interest of the City.” Those qualifying for refunds paid water and sewer impact fees from 2009 to 2013 when the ordinance was repealed.
The big winners were developers and construction companies.
| Seda Construction | $200,499 |
| Kostich Development | $64,997 |
| Cambridge South | $58,083 |
| Custom Homes by Bryan Lendry | $46,502 |
| Magnolia Homes | $15,842 |
| Steve Head | $12,060 |
Habitat for Humanity, a non-profit builder of affordable housing, came out on top of the three non-profits receiving refunds.
| Habitat for Humanity | $23,769 |
| Boys and Girls Club | $9,832 |
| Amelia Community Theatre | $2,458 |
Restaurant owners Al Waldis (Salty Pelican) and former City commissioner Tim Poynter (Cafe Karibo upstairs expansion) also received refunds.
| Tim Poynter | $9.953 |
| Al Waldis | $3,295 |
On the city commission agenda for Tuesday, September 3, will be a request to raise water and sewer rates by 3%. The City of Fernandina Beach is currently defending itself in an impact fee lawsuit. Click here for previous Fernandina Observer article, “Primer on Impact Fee Lawsuit” by Charles Burns.
August 29, 2013 6:35 p.m
Excuse the cynicism–but this seems to be yet another way for the FBCC who are caught up in their own failure to supervise/control/discipline a city employee, and are now looking to help soften the blow of the outcome of the associated class action suit by local citizens seeking judicial redress from wrongful impact fees. The suit is going to go against the city, and the verdict will likely cost the city taxpayers more than one million dollars.