Ocean Highway and Port Authority commissioners were outraged that operators of the Port of Fernandina failed to notify them that the city of Fernandina Beach was engaged in a mediation action with the operator regarding its construction of a massive fabric warehouse.
All of this took place in the opening minutes of the OHPA meeting Wednesday when a nearby homeowner spoke about issues involving the warehouse that commissioners had not been made aware of by Nassau Marine Terminal, operators of the port.
The 22,000 square-foot tent, used to store ship containers, was constructed last August at an alternative location and without the required building permits from the city.
The port operator has filed a petition for relief in accordance with Section 70.51 of the Florida Statutes, which requires a public mediation and hearing be held. The matter is scheduled for Jan. 28 at City Hall.
"Why didn't you tell us that you (Nassau Marine Terminal) had hired a law firm to represent you with the city? None of us knew about this," Commissioner Miriam Hill asked.
"We don't tell you everything we do," responded Greg Haehl, director of port operations.
Homeowner Gary Klopp addressed commissioners about issues with the warehouse. Klopp had earlier emailed commissioners a copy of the mediation notice from the city dated Dec. 18. Commissioners were not aware of the mediation.
Commissioner Scott Moore told Haedl, "when you have a dispute with the city, you're supposed to tell us."
But Haedl said it was not a dispute, but a conversation.
According to the Kelly Gibson, the city's director of planning and conservation, Nassau Marine Terminal sought the building permits after the warehouse had already been erected. She said the port operator also had not received permits for the original site of the warehouse on the port complex.
The application was denied because the warehouse was in violation of the city's Comprehensive Plan and Land Development Code. One issue was the requirement of a 30-foot buffer from adjoining structures in the city's Historic District. The port operator ignored that requirement.
The city's notice also stated the building permit was denied because the tent is located in a "flood hazard area."
Gibson said the potential fine for violating the city building requirements could be as much as $150,000. "Their arguments are not valid," she said.
"I urge this commission to pay attention to what's going on. This is not the first time we've been hit by the operator," said OHPA Vice Chair Ray Nelson. "The (port) neighbors shouldn't have to come here and advise us (of what's going on). It should have been open and transparent (from the port operator) and that didn't happen."
Haedl told commissioners that the buffer issue involved the "blue house," an historic house located next to the port facility that is owned by Nassau Marine Terminal and the dispute does not involve port property. He said because Nassau Marine Terminal owned that property, the buffer separation was not required.
"This is about the tent warehouse structure with storage of containers which is funded through public financing on a bond which we issued, so it most certainly pertains to us," Hill said.
OHPA commissioners instructed port attorney Patrick Krechowski to advise them on their role in the mediation between the city and Nassau Marine Terminal.
Krechowski told commissioners he had just received the mediation notice which had been issued by the city to Nassau Marine Terminal.
"I just received it like the board, so I need to take a look at it (to advise you)," Krechowski said.
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