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Fernandina Beach Appoints Harrison Poole As City Attorney Pro-Tem: Still Has Special Counsel Contracts With Six Other Legal Firms; PRIDE Culture and Ethanol Wars Continue

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By Michael Hernandez, 01-22-25

FERNANDINA BEACH, FLORIDA—The Fernandina Beach City Commission approved (Agenda 7.2) appointing Harrison Poole as City Attorney Pro Tem at the rate of $350 per hour at the Jan. 21 meeting after a request made by Attorney Poole to City Manager Sarah Campbell on Jan. 13th. The contract for 10 hours of time per week during regular office hours is contingent on the City maintaining the employment of its full-time Paralegal Katie Newton. Poole will also attend all City Commission meetings.

According to the letter sent to the City Manager, the law office of Poole and Poole is unable to provide full-time legal services to Fernandina Beach. The agreement has an effective date of Jan. 8th and will renew for one-month terms on the 8th of each month and can be terminated by either party with or without cause. There will be no billing for any secretarial or clerical time, overhead, or administrative costs. Mr. Poole will not place his name as a candidate for full-time attorney.

Fernandina Beach also has Special Counsel contracts with six other legal firms that include: Bryant Miller Olive; Carr Allison; Jacobs Scholz & Wyler; Shutts & Bowen; Vernis & Bowing; and Weiss Seota Helfman Cole & Bierman for legal services that are not to exceed $165,000 for 2024/2025. These special counsel contracts were approved on Sept. 17, 2024 as was a contract for Poole & Poole at an hourly rate of $250 (discounted from a normal hourly rate of $300) on Aug. 1st, 2024.

The approval of Harrison Poole as City Attorney Pro Tem on a part-time hourly contract follows the termination of 17-year-long City Attorney Tammi Bach at the Jan. 7 City Commissioners meeting in a a motion made by Commissioner Tim Poynter and seconded by Commissioner Genece Minshew and approved 4-1 with the only vote for Bach coming from Vice Mayor Darron Ayscue (see Citizens Journal story: https://www.citizensjournal.net/fernandina-city-attorney-tammi-bach-fired-tonight/. City Commissioners officially approved (Agenda 6.1) the contract termination of Tammi Bach providing 30 days advance written notice, making the termination effective Feb. 6, 2025 with access to City facilities and networks discontinued on Jan. 8, 2025. Her original contract was issued on Aug. 28, 2007.

City Commissioners approved (Agenda 6.2) authorizing city legal counsel to defend Fernandina Beach against The Center Street Restaurant Group, LTD, Amelia’s Restaurant, Inc. and Brett’s Waterway Café which is in the Fourth Judicial Circuit Court.

Fernandina Beach Approves $1.17 Million in Expenditures

  • Approved (Agenda 7.4) an award for maintenance dredging and disposal of sediments from Fernandina Harbor Marina Southern Basin not to exceed $980,000 to Brance Diversified Inc. of which $365,000 will be paid for from a Florida Inland Navigation District (FIND) grant. The motion passed 5-0. The only other bid was for $6.5 million. The Marina initially budgeted $700,000 for this expense.  An estimated 15,000 cubic yards of sediments will be dredged and disposed. Dredging is required every 18-24 months. Care must be given not to kill or harm the eastern indigo snake which is the largest non-venomous snake reaching up to eight-feet long.
  • Approved (Agenda 7.3) a contract not to exceed $120,000 for the purchase and installation of 24 poles from the Florida Public Utilities Company at the Fernandina Beach Golf Course Driving Range damaged by Hurricane Helene. The motion passed 5-0.
Atlantic Recreation Center- windows project
  • Approved (Agenda 7.5) a bid not to exceed $70,000 to the Florida Restoration and Construction, LLC for the Atlantic Avenue Recreation Center Joan Bean Auditorium Window Replacement in the Administration Building and Auditorium. The motion passed 5-0.

Fernandina Beach Reviews December 2024 Budget

Fernandina Beach Comptroller Susan Carless reviewed the December 2024 budget (Agenda 4.1). The City received $12.4 Million in Property Tax payments in December mainly because the property owner can realize the largest discount (four percent) if the tax notice is paid before the March due date.

The four departments in which revenues exceeded expenses by the highest amount include:

  • Wastewater (revenues exceeded expenses by $536,000).
  • Airport (revenues exceeded expenses by $233,000).
  • Sanitation (revenues exceeded expenses by $191,000).
  • Water (revenues exceeded expenses by $173,000).

Fernandina Beach Adopts Ceremonial Documents Policy

A ceremony documents adoption (Agenda 7.1) adopted at the Dec. 21, 2024 meeting has mostly removed proclamations from regular meeting agendas—especially national proclamations. Motion was approved 4-1 (voting no was Genece Minshew). Guidelines have been developed for giving ceremonial documents, proclamations, certificates of achievement, letter of recognition and Keys to the City with Vice Mayor Darron Ayscue asking the city to follow the guidelines which will be reviewed by the City Clerk.

Public Comments:

Sheila Cocce: (We need to not fall) “into a pattern of discrimination” which would result in in a “lawsuit.”

Walter M: “Proclamations bring about community awareness.”

Paul L. “We need to celebrate our community. Proclamations are unique.”

Julie F.: “Proclamations celebrate small towns.”

General Public Comments:

No To RYAM bioethanol plant:

M.M.: “There is no chemical difference between ethanol and bioethanol. RYAM should be denied. Their application states the process used is chemical manufacturing though their attorneys are trying to walk back (these) statements.”

Charles M.: “I worked for Dupont for 40 years. They spent over $200 million on their ethanol plant and hundreds of millions on research…You get ethanol by fermentation or other means with two carbon atoms, six hydrogen atoms and one oxygen atom…For every gallon of ethanol produced you need three to six gallons of water…Ethanol is a chemical. You do not understand, if you say otherwise. I’m concerned about air permits and other issues.”

Doug R.: “I have worked in a chemical manufacturing plant for 34 years…Ethanol requires a temperature of 173 degrees fahrenheit which makes it a class one flammable…They are going to need 4.1 trucks per day…I would venture they have no experience with flammables this size. Are they using explosion proof equipment?…I (am against) this application.”

Jack E. “Bioethanol production will never be safe in a densely populated area. They are selling (us) a bill of goods.”

Children and Pride Events:

Kelley Yates of Classy Conservatives also spoke out against PRIDE events on city property at 1-7-25 Fernandina Beach Commission meeting.

Kelly Yates.: “The mail that Pride sent to my home is shameful. There is a serious conflict of interest (on this commission)… (We should) investigate unethical conduct. What I care about is keeping children safe from adult theme events… I am standing against the indoctrination of children (and am) mocked for speaking up for what is morally good… City Commissioners represent not just Pride minions. The Lord says in Matthew 18:6 about child exploitation: ‘If anyone causes one of these little ones who believe in me to stumble, it would be better for them to have a large millstone hung around their neck and to be drowned in the depths of the sea.’”

Robin Lentz.: “I have been to every Pride event in Fernandina Beach and laws are followed. I have never seen or witnessed what (Kelly Yates) has spoken about week after week. We host many events…for kids and adults—for the entire community. She has zero evidence. There are no public records of such accusations during Pride events. If (Pride) events are not your bag, stay home for the day or lead with love.”

George M.: (In regards to Kelly Yates.) “Folks have been rude and disrespectful especially on social media posts (about her)… Pride (and city) should have discretion where they stage an event. I have seen the grooming or appealing to children and this has been done to normalize (this behavior) for kids… (To try) to cancel someone is abhorrent.” He further said that all viewpoints should be heard respectfully. He concurred with Yates that age checking is a reasonable approach and cited various other options.

Playground:

Jenny M.: “I want an inclusion of a playground as originally planned in 2023.  Will you reconsider a playground for the waterfront?”

Lisa F.: “We need a play area on the waterfront—a piece of play equipment suitable for ages 5-12. Without it, you have a park that is not finished.”

Michael S.: “I support the playground.”

Parking:

Marian P.: “Paid parking does not work. I’m totally against paid parking. We pay enough city taxes.”

Skate Park:

Walter G.: “We had three skaters go to Arizona to compete in the National Champion Amateur Skate League. I want to provide them with a proper facility to train instead of having to go to Jacksonville to train.”

Other Actions:

  • City of Fernandina Beach Commissioners will meet with Nassau County Commissioners on Thursday, Feb. 6 at 3 p.m. at the James S. Page Governmental Complex, 96135 Nassau Place, Yulee, Florida 32097.

Project Updates (Deputy City Manager Jeremiah Glisson): Agenda 4.2

Deputy City Manager Jeremiah Glisson unveils improved MS Project listing, explaining status, sequencing of top city projects

Yellow Projects: Slowed Down

  • Area 6 drainage improvement
  • Beach harmonization
  • Beech Street Trails (collaboration) with those on Center Street
  • Downtown Bollards
  • Fire Station 1
  • Marina Fuel Tank Replacement
  • MLK Softball Complex
  • Waterfront Resiliency Construction

Red Projects: On Hold

  • Downtown Revitalization
  • Parking Lot C & D Waterfront Park
  • Ybor Alvarez Soccer Complex

*Note: This was the first time that projects have been color-coded for presentation.

Editor’s note: We have requested a copy of the chart of city projects from Deputy Mayor Glisson, which we will then make available to readers in PDF downloadable form. His method of summarizing and reporting them has increased visibility and transparency for residents/meeting attendees.

Commissioner Comments:

Vice Mayor Darron Ayscue/Seat 5 (904) 780-4480 (Term Expires 2026): “I asked for an Auditor General, or Inspector General, or State Attorney before; but it got bogged down. We need to codify our laws and make sure that they line up to the state laws. I would like staff to bring up some options. I am positive the county did it, seven months ago.”

Mayor James Antun/Seat 4 (516) 547-5309 (Term Expires 2026): “I would be willing to move forward on the request of the Vice Mayor but it could take up staff time…Renovations are under way for Fire Station 1.”

Commissioner Joyce M. Tuten/Seat 1 (904) 206-6676 (Term Expires 2028): “The city purchased seven acres in 2019 for conservation and a dedication sign has now been put there…We’re halfway through restaurant week. Support a local (food) business.”

Commissioner Genece Minshew/Seat 2 (904) 780-4188 (Term Expires 2028): “Codifying ordinances is fine and reasonable to do. My experience is that it takes up staff time and anything on a list of issues will not be done in a timely matter…The city had a table at the Prayer Breakfast…For large counties it is easier to manage homeless than for smaller counties…On Feb. 12, parks and recreation and the tourist industry will discuss how we can do things across the county.”

Commissioner Tim Poynter/Seat 3 (904) 415-6533 (Term Expires 2028): “The MLK prayer breakfast was well attended…I would like to get a new projector for these chambers.”

City Manager Report (Sarah Campbell): “City schools are closed Wednesday due to the upcoming storm.”

City Clerk (Caroline Best): “Everything is in the code.”

City Attorney Pro Tem Report (Poole): “A meeting will be held Feb. 4 at 5 p.m. concerning the Center Street Restaurant Group.”

Regular Meeting Agenda (3 Pages/Agenda Packet: 408 Pages)

https://fernandinabeachfl.portal.civicclerk.com/event/3270/files/agenda/8500

Watch: 2 hours, 10 minutes

https://www.fbfl.us/815/City-Meeting-Videos

—————————————————————————-

Michael Hernandez, from California, is co-founder of the Citizens Journal—Ventura County’s online news service. He is a former Southern California daily newspaper journalist and religion and news editor. Mr. Hernandez can be contacted at [email protected] and is editor of the weekly “Stories Speak Volumes.”

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