Fish Island compromise OK'd -- Project to advance, developers to drop lawsuit against city

Fish Island compromise OK'd -- Project to advance, developers to drop lawsuit against city

PETER GUINTA
peter.guinta@staugustine.com
Publication Date: 07/14/09

With the specter of a $9 million lawsuit against the city darkening deliberations, the St. Augustine City Commission voted Monday to accept a compromise hammered out at the last minute with attorneys for Fish Island Development LLC.

Essentially, the 81-acre, 450-home project will go forward and the developers will drop their legal action.

On a motion by Commissioner Don Crichlow, the vote was 4-1 with the lone dissenting vote cast by Commissioner Leanna S. Freeman, who objected to the provision that set aside five boat slips for the public on a 75-slip dock.

Freeman said. "There's never been one case in Florida that, under Bert Harris (Private Property Rights Protection Act), a jury has made a monetary award."

Under that act, the Legislature provides relief or payment of compensation when a new state law, rule, regulation, or ordinance unfairly affects private property.

The Planning and Zoning Board and the City Commission had denied the Fish Island application when it was submitted in October 2006. Then both boards denied the project again in April 2007.

Reasons for denial included "negative environmental impact" of the boardwalk, the negative impact on the Matanzas River's scenic vista and the lack of public benefit provided by the dock.

The developer's suit against the city was filed in September 2008.

On Monday, Crichlow asked City Attorney Ron Brown, "What are our options?"

Brown said, "If the judge finds that no inordinate burden was created by the city's action, the city wins. But it's still not over."

He explained that the developer may seek to build individual docks from its condominiums to the Matanzas River -- not the single dock it plans -- or it could file a new application and again seek damages if denied.

Vice Mayor Errol Jones said the city should recognize there's little room for compromise.

"We should roll the dice or make a settlement," he said. "(I'm) convinced that our chances of winning (in court) are low. The Harris Act is not geared in our favor."

Crichlow's said his proposed list of changes would make the deal palatable. He wanted to relocate the 1,350-foot boardwalk closer to the Mickler-O'Connell Bridge on State Road 312, add additional slips for the public and have parking provided for those slips.

That motion died for lack of a second. He crafted another, which also died.

Jones, opposing public comment on the issue, said he's already heard enough public comment.

"The public doesn't care about slips or parking," he said. "They just don't want the marina built. They tell me, 'Say no to the developers.' We're going to have to bite the bullet one way or the other."

Brown had done some "ad hoc mediation" with the trio of attorneys sent by the developer. But the commissioners realized that redesigning the project at this point would not be feasible.

Crichlow crafted a third motion, seconded by Mayor Joe Boles, and this one passed.

The commission took no public comment.

St. Augustine resident Becky Greenberg, leader of a group of environmentalists, said they have hired an attorney to fight the Fish Island project.

After the meeting Monday, she said, "We're going to consult with our attorney to decide what our options are. It's not over yet."

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