Fernandina City Commission raises water-sewer rates by 3%, port zoning, and more . . .

Submitted by Eric Bartelt
August 21, 2014 2:03 p.m.

After voting to eliminate all of the Straw Poll questions from the November ballot, the City Commissioners, at their Aug. 19th meeting, took up the first reading of proposed Ordinances, including:

– An ordinance requesting a 3% increase in water and sewer rates for the operation of the City’s water and sewer systems. City Manager Gerrity noted that the last time the City did a rate study, a 3% increase was recommended. He said the rate increase was to insure the health of the water and sewer funds, keep up with inflation, accommodate higher electricity rates, and make some small salary increases. The vote was 5-0 in favor.

– An ordinance establishing and amending the Master Fee Schedule for the Clerk’s Office, Golf Course, Marina, Airport, Community Development, Parks & Recreation, Cemetery, Fire Dept., Sanitation, Police Dept., and impact fees for 2014/2015. This also passed 5-0.

– An ordinance that updates the City’s annual Pay & Classification Plan for 2014/2015. The City Manager noted there were few changes from last year, but that a new category – Maintenance Director – was added. It passed 5-0.

Following these ordinance First Readings was a zoning change requested for two properties at Dade St. and N. 3rd St., which are owned by the Port. The requested change is from Medium Density Residential to Public and Institutional. Local Attorney Clyde Davis, representing the Ocean, Highway and Port Authority addressed the Commission, saying the request was being made so that the Port could use the lots, in the short term, for parking, and, in the long term, for offices related to Port activities. The Mayor clarified for the audience that the requested zoning change is a separate issue from those surrounding the Port’s recently proposed Master Plan. After Attorney Davis spoke, Commissioner Corbett indicated he wanted to make a motion to table the request indefinitely. Before voting on that, and after some discussion about restrictions on the use of the properties and timing of the second reading, Mayor Boner opened the floor for public comment.

First to speak was an exuberant Chuck Hall. He questioned whether the Port Authority could legally ask for the zoning change. He also expressed that he did not think the zoning change was separate from the Master Plan issue and that the requested change was part of something bigger and far more complicated than just a simple zoning matter. He asked that the Commission wait until the Planning Advisory Board has had a chance to review the Master Plan before taking up the zoning change. “This is all about the Port and the Port expansion,” he said.

Chip Sasser, a developer and realtor from Waycross, spoke next. He objected to the use of the Port owned lots for parking because he had purchased lots, including one adjacent to one of the Port lots in order to build “Charleston style houses” on them. He expressed concern that his customers wouldn’t want to purchase a house located next to a parking lot.

Judith Lane, Vice Chair of the Planning Advisory Board, told the Commission that the PAB is split on the Master Plan and also on whether the zoning request is a separate issue from the Master Plan. She asked the Commission to postpone the requested change so that the Commission would be able to benefit from the PAB’s review of the Plan, the results of which she thought would be somewhat “eye-opening.”

Following Ms. Lane was Chip Ross, who said that granting the zoning change “rewards bad behavior” because the Port purchased the lots, demolished the residential structures on them and now wants a zoning change because the lots are vacant. In his words, granting the change allows expansion of the Port into a residential district. Like Chuck Hall, Mr. Ross questioned the legality of the City granting the zoning change, because to grant the change requires the land to be publicly owned. But, he maintained, it is not publicly owned. He suggested the best use for the lots would be for the Port to sell them for use as residential lots. By granting the zoning change, he said, “it would appear you are granting the first step in the Port’s vision, not the community’s vision of what Fernandina Beach should be.”

Faith Ross believed current ordinances would allow stacked containers and tractor trailer trucks to be be parked in the lots. And, that the proposed change “does nothing for the tourist attraction of our area, nor does it help our tax base.”

George Sheffield spoke a second time, expressing his opposition to the zoning change and concern about the long term impact of the Port’s Master Plan on the Historic District and larger community. Attorney Harrison Poole, Mark Ross, and Len Kreger also spoke and expressed their opposition.

Attorney Clyde Davis responded to these public comments and clarified other aspects of why the Port Authority wants to use the lots for parking. He raised issues of security and the requirement that Port employees must now park their cars outside the Port’s fenced-in area. In addition to the two lots, the Port also owns a waterfront lot that was originally designated for parking, but Mr. Davis indicated the Port has been directed to move parking off that lot so it can be used more productive purposes, and that the two lots needing the zoning change had better security because they had a visual line-of-sight with the Port’s security personnel.

With that, Commissioner Corbett made his motion to table the zoning request until Dec. 2nd, so that all concerned parties would have a chance to gather more information. The motion, seconded by Commissioner Gass, passed 5-0.

The next item on the agenda was a Charter Amendment which would require a referendum vote on the Nov. ballot. The proposed amendment increases the terms of the five Commissioners from three years to four, with City elections being held only in even numbered years to coincide with County, State and Federal elections. The proposed amendment was initiated by Mayor Boner, in part because with off-year City elections voter turnout is typically very low. According to the Mayor, “it’s easy to manipulate an election when you have a very small turnout. You could literally, if you’ve lived here a long time, call up people you went to high school with and say come vote for me, and you’d pretty much win, because it’s such a small number.” But, he added, “You want representatives here, you don’t want people picked by a tiny group.”

Commissioner Gass also supported the Charter change because of the cost savings to the City of not having elections in off years.

Devising a transition from three years to four, however, proved to be complicated. Commissioner Corbett stated that he didn’t think “anybody (i.e., any sitting Commissioner) should have any advantage” during the transition. The Commissioners all agreed that no Commissioners’ terms should be extended in the transition, since they all had been elected to three year terms, not four. Commissioner Miller asked if there was any way to avoid having three commission seats come up for election at the same time. His concern was that with three votes “you could potentially turn an entire commission on one vote.”

Commissioner Gass pointed out that County Commission elections have three of their Commissioners elected at the same time, with Commissioner Miller then asking if that had caused any problems. Commissioner Corbett responded by saying, “Depends on which side you’re on.”

Commission Corbett then proposed a transition plan, stressing that it would be fair and not benefit any sitting commissioner.

Update: On Wednesday, the day following the Aug. 19th Commission meeting, at which Commissioner Corbett’s plan was voted on, City Attorney Tammi Bach discovered that the plan would have the unintended consequence of four commission seats being up for election at the same time. Attorney Bach has now proposed two possible revisions to Corbett’s plan. These will be presented at a Special Meeting to be held on Monday, Aug. 25th. The Option B revision, which Attorney Bach recommends, proposes the following:

– Commissioner Miller’s Group 1 seat becomes a four year term when his current three year term expires in 2016.

– Commissioners Corbett’s Group 2 seat and Commissioner Pelican’s Group 3 seat, both of which are up for election this fall, remain three year terms until a 2017 election. In 2017, those seats would again be for three year terms until 2020. In 2020, they would become four year terms.

– Mayor Boner’s Group 4 seat and Commissioner Gass’ Group 5 seat, both of which are up for election in 2015 remain three year terms until 2018. Those seats would then become four year terms in 2018.

The lengthy August 19th meeting agenda concluded, at last, with one remaining item. Steven Herbert was appointed to a seat on the Board of Trustees of the General Employees’ Pension Plan Board.

In the final wrap up, Commissioners Pelican and Corbett mention that they had traveled down to Mayport for the arrival of the Iwo Jima, and had talked with the Information Officer there. Commissioner Gass reported that she had received three commitments from citizens for seed money for the voluntary donations-to-non-profits program. Commissioner Miller congratulated the Marina on their third place Pet Friendly designation, noting that first and second place went to San Francisco and Key West. He also applauded the Marina staff for their dedication when a large yacht docked at the Marina during a major thunderstorm. The staff was out there, with the wind and rain blowing on them, in their matching polo shirts, standing at parade rest in front of the cleats, ready to assist with the docking. The impressed yacht captain said he’d never seen that before in his travels throughout the world.

Editor’s Note: Eric Bartelt retired as a corporate design consultant and moved to Fernandina Beach in 2004. His previously lived in Wisconsin. Since Eric’s arrival in Fernandina Beach, he spends his time volunteering, and playing soccer. We thank Eric for his contributions to the Fernandina Observer.