City, County reach accord on proposed MSTU agreement

Submitted by Suanne Z. Thamm

Reporter - News Analyst

December 21, 2015 1:45 p.m.

JLPA Meeting: County and Fernandina Beach City Commissions

The Nassau County Board of Commissioners (BOCC) and Fernandina Beach City Commissioners (FBCC) appeared to reach accord during a brief meeting of the Joint Local Planning Agency (JLPA) at 9:00 a.m. this morning with respect to finalizing scope, covered activities, and ability of the city to opt out with timely notice from an ordinance that would establish a special taxing unit to fund beach renourishment on Amelia Island.

There was no vote taken at the JLPA meeting, which lasted about 20 minutes. The FBCC returned to City Hall for an 11:00 a.m. meeting called for the special purpose of hearing the third revision to Ordinance 2015-34 consenting to the establishment of a special taxing unit to fund beach renourishment, which incorporated language changes agreed to by both the BOCC and the FBCC. The revised city ordinance passed on third reading. The BOCC has scheduled public hearing and passage of their ordinance on this topic for December 28, 2015. Fourth and final reading of the city ordinance is scheduled for December 31, 2015 at 10:00 a.m. in City Chambers.

Joint Local Planning Agency Meeting – 10:00 a.m. December 21, 2015

In opening the JLPA meeting at the Page Governmental Center in Yulee, County Attorney Mike Mullin outlined county concerns with the city ordinance. He suggested that by tying the beach renourishment tax money to the area encompassed by the 1996 Nassau County Shore Protection Program, the beach area of the county and the city located between Sadler Road and the SAISSA area at the south end of the island could be unprotected in the event of a catastrophic storm. Mullin reported that in a telephone conversation with Eric Olson that morning, Olson had expressed concern that citing the earlier act could have unintended consequences that would impede effective beach renourishment efforts. Olson serves as county and city expert consultant on beach renourishment.

BOCC Chair Pat Edwards said that the county’s intent is to protect all island beaches not already protected by the state or the South Amelia Island Shore Stabilization Agency (SAISSA).

The county agreed to strike language from their proposed ordinance that could be misinterpreted to include activities other than those directly related to beach renourishment, restoration, erosion control, and storm protection.

FBCC Commissioner Len Kreger said that activities such as engineering and tilling would be included in any project permitted by the Army Corps of Engineers.

In response to a question from BOCC Commissioner Steve Kelly, Mullin said that beach maintenance would be handled by the Tourist Development Council (TDC) or tied to beach renourishment in the ordinance.

Both City Commissioner Tim Poynter and County Commissioner Danny Leeper stressed that they wanted to keep their respective ordinances simple and clear so that taxpayers would understand that money collected would be used to establish a sustainable source to fund beach renourishment efforts for all Amelia Island beaches not covered by Florida State Parks or SAISSA. “Simple is better,” Leeper said.

Attorney Mike Mullin also raised a concern about language in the city’s ordinance that allowed the city to opt out of the taxing unit. He and City Attorney Tammi Bach agreed to change the language to indicate that collecting funds for the MSTU would require the city’s consent annually.

Current talks only involve setting up the mechanism to collect the tax, not setting the tax rate itself. BOCC Commissioner Kelly said, “It will be important to set the millage based upon scientific knowledge, not the whims of elected officials.”

Fernandina Beach Mayor Johnny Miller (l) and Nassau County BOCC Chairman Pat Edwards.

As the meeting concluded, Fernandina Mayor Johnny Miller thanked the BOCC for their cooperation in the beach renourishment effort. He called the meeting a good example of BOCC/FBCC partnership.

Fernandina Beach City Commission Meeting – 11:00 a.m. December 21, 2015

Back at City Hall, City Attorney Tammi Bach explained the changes to the beach renourishment ordinance (2015-34) that appeared to have been agreed to by both the BOCC and the FBCC. She explained that the city would remove the language relating to “other services and facilities” from the proposed ordinance, strike references to the 1996 Nassau County Shore Protection Act, and insert a paragraph that will require the FBCC’s consent by March 1 annually to collect funds via the MSTU.

With the changes, the ordinance would be clarified to include all beach areas on Amelia Island between Fort Clinch and SAISSA. Also, funds collected with the special tax can only be used for beach renourishment, restoration, erosion control, and storm protection. This meeting constituted a third reading of the proposed ordinance.

The motion passed unanimously 4-0. Commissioner Robin Lentz was not in attendance.

Editor'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.