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'Shade' does not mean Blackout
We have no idea of the status of the pending state lawsuit brought by Rayonier Performance Fibers, LLC., “RYAM” against the City of Fernandina Beach, Florida, “CITY”, other than the court order requiring the parties to attend mediation on April 13 and April 14.
The CITY has released no information on the status of the mediation. The only certainty is the City Attorney’s statement at the Commission Meeting on April 21st, and after the scheduled mediation, that the Commission and the City Attorney, and presumably the CITY’s outside counsel, will hold a “Shade” meeting on May 5. A Shade meeting allows the City Commission and legal counsel to meet outside of the public to discuss legal strategy and other issues in a pending lawsuit. It is perfectly appropriate.
The City Attorney also stated that the abatement of the case would be extended beyond the date set by the Court. Abatement means no activity in the lawsuit until who knows when. We can only presume that this “Shade” meeting on May 5 is to discuss the mediation.
Florida statutes provide for Shade meetings, but holding a “Shade” meeting does not preclude or excuse the CITY from keeping the community apprised of the status of the mediation. Status is strictly a question of the timing of events.
Has the mediation concluded? Is it continuing? Are additional dates scheduled? Ultimately, the court file will reflect this, but the CITY could simply issue a statement of the status.
The fact that the case was previously stopped from any activity without public discussion, and that the CITY apparently has now agreed to extend this abatement, combined with what is widely being reported as a reorganization of RYAM, raises the obvious question of whether RYAM is attempting to use this reorganization to negotiate with the CITY to allow building the Ethanol Chemical Manufacturing and Refining facility. This is speculation, but it seems a logical conclusion.
If the case were not abated, the CITY could, in the lawsuit or otherwise, obtain expert opinions and reports on the true safety of the plant operations and the true risks through a thorough Risk Analysis, and the true environmental condition of the site through a thorough and complete environmental study of the site. No settlement should even be discussed without an accurate analysis of these issues as a legal request by the CITY.
The City Commission unanimously voted not to negotiate with RYAM in its $6.6 million claim under the Bert Harris Act. Arguably, that vote was limited to RYAM’s monetary claim. We have since been told, in the context of the pending mediation, that the CITY would maintain its enforcement of the Comprehensive Plan and Land Development Code and maintain the CITY’S position that the proposed Ethanol Chemical Manufacturing and Refining facility is barred, and continue to deny RYAM a permit to build the facility.
The residents have made it clear they oppose this facility, and the City Commission should make it clear to the City Attorney and outside counsel that they will not support a negotiated settlement in this mediation process resulting in the building of this facility.
- Frank Hileman, No Ethanol Fernandina
