More on lots proposed for Port parking and security concerns

Reporter - News Analyst

December 8, 2014 6:32 a.m.

During the December 2, 2014 Fernandina Beach City Commission (FBCC) discussion over the Port’s request to rezone Port-owned residential properties, former City Commission candidate Roy Smith asked Clyde Davis, attorney for the Ocean Highway and Port Authority (OHPA) the sequence of events in the Port’s purchase of those lots and the security directive regarding port parking. There was confusion over the dates of sales and the security directive.

According to public records, the sequence of events during the time in question is as follows:

• March 6, 2003: OHPA purchases 332 N. 3rd Street (R-2)
• April 2, 2003: OHPA purchases 304 Dade Street (R-2)
• April 14, 2004: OHPA purchases 305 Dade Street (R-2)
• September 24, 2004: FDLE advises OHPA of security concerns at the Port facility
• October 29, 2004: Port applies for demolition permits for structures on the lots and demolition occurs shortly thereafter.
• November 9, 2004: Nassau Terminals Director Val Schwec appears on behalf of the OHPA before the Historic District Council requesting after-the-fact approval for demolishing two contributing historic structures.
• March 28, 2005: HDC Member Suanne Thamm issues report of findings and recommendations to settle the unapproved demolition
• April 14, 2005: HDC accepts Thamm Report and recommendations
• May 17, 2005: FBCC accepts Thamm Report and modifies long-term recommendations.

Background

The lots in question, currently zoned residential medium density (R-2), have been owned by the OHPA for more than ten years. Information on their purchase prices, 2013 just value and the sellers of the properties are listed in the table below (Information obtained from Property Appraiser’s records via city agenda packet):

The change in ownership came to light when the Port demolished residential structures on each of the larger lots in October 2004.   Although many local citizens rose in outrage over the Port’s demolition of two contributing structures in the city’s Historic District without the permission of the Historic District Council, the Port countered that it had done everything the city asked in the way of getting permits for the demolition. Sadly, this was true.

When an after-the-fact request for a Certificate of Appropriateness for the demolition came before the Historic District Council (HDC 2004-86) in November 2004, members were faced with a dilemma: approve or not approve an action that had already taken place and which could not be reversed, but which violated a portion of the Land Development Code. The HDC asked HDC member Suanne Thamm to look into the matter and prepare a report and recommendations for possible action by both the HDC and the FBCC.

Thamm prepared a report dated March 28, 2005 assigning blame to both the Port and the City. The parties agreed to contribute $5,000 each to a city fund that could be used for improvements in the Historic District. There was no Certificate of Appropriateness issued for the demolition. Both the HDC and the FBCC accepted the mediated agreement. The only dissenting vote on the FBCC came from then-Commissioner Joe Gerrity, who did not disagree with the report findings, but objected to the city’s paying $5,000 into a special fund, fearing such action would set a precedent.

Between the time of the OHPA purchase of the lots and the demolition of the existing residential structures on those lots, FDLE issued its security recommendations for the port.

Port neighbor Faith Ross was able to produce the letter below dated September 24, 2004 from Florida Department of Law Enforcement addressing the need to adjust parking arrangements for the Port. Mrs. Ross obtained this letter, which is not marked CONFIDENTIAL, and read it into the record of the December 2 proceedings before handing a copy to the City Clerk. The letter provides advice and guidance on several issues. But the last paragraph states:

“Finally, the standards require that parking for port employees and visitors to the port be separated from the port restricted access areas. The cargo warehouses, cargo yard, dock and terminal facilities are all restricted access areas. As a consequence, the Port of Fernandina is required to establish parking for employees and visitors in appropriate remote locations.”

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.