Submitted by Suanne Z. Thamm
Reporter – News Analyst
The Fernandina Beach City Commission (FBCC) began its February 4, 2014 meeting with the ceremonial swearing-in of its new City Clerk, Caroline Best. Deputy Clerk Kim Briley, who had served in the position of Clerk Pro Tem for the past year, administered the oath before the commissioners and a small audience. With no proclamations to deliver and a spare agenda consisting of two resolutions and two ordinances passed unanimously and without discussion, the FBCC discussed the possibility of amending the city code to allow dogs on city restaurant patios. They also returned to the topic of self-insurance. The meeting lasted only an hour and ten minutes, and due to technical issues, was not available to the public via live video streaming.
City Clerk takes oath of office
A smiling, poised Caroline Best took office as City Clerk and received the congratulations of all the commissioners. With a helpful Kim Briley looking on, Best handled the duties of her first meeting without incident. Briley administered the ceremonial oath to Best, who had already been officially sworn in earlier in the day. Best graciously thanked the Commissioners for their confidence in her. Mayor Ed Boner and Commissioner Johnny Miller thanked Deputy Clerk Kim Briley for fulfilling the duties of clerk, especially the task of city elections, following the departure of City Clerk Mary Mercer in January 2013.
With Best’s reporting to her new position, the position of legal assistant to the City Attorney has become vacant. Until that position can be filled, the City Attorney will continue to receive support from Best’s staff and that of the City Manager.
Public comment on items not on the agenda
Local resident Tony Crawford asked about the status of his suggestion to increase city revenues for beach renourishment by adding one dollar per night to hotel room taxes. State Representative Janet Adkins earlier advised the FBCC on the steps necessary to bring such a measure to the Legislature for action. City Manager Joe Gerrity advised Crawford that he was setting up a meeting on the matter with State Senator Aaron Bean and City Attorney Bach and that Crawford would be invited to attend. Crawford tried to pin Gerrity down as to whether the city would press forward on the matter. Gerrity responded by advising Crawford that the matter was not dead and would be discussed fully at the meeting.
Crawford moved on to the topic of repairing the railroad tracks along Front Street. He said that he had been in contact with Wayne Parrott of Florida First Coast Railroad, who said that money for the project was not in the railroad’s 2014 budget. Crawford added that according to his source, the railroad had previously set aside funds to repair/upgrade track and crossings in 2014. But when the city of Fernandina Beach abandoned the Forward Fernandina plan and returned money it had borrowed to assist in the repairs, the railroad reprogrammed the money it had set aside for that project. Crawford said, “If it was me, I would try to bring in [Representative] Janet Adkins and [Senator] Aaron Bean to put pressure on Florida First Coast Railroad [to improve the railroad bed and crossings].”
City Manager Joe Gerrity responded that a Federal Railway Agency representative would visit the site in the next few months in connection with a complaint of discrimination against the handicapped that has been filed with the Justice Department. In light of pending legal issues, Gerrity seemed reluctant to comment further.
Mayor Ed Boner assured Crawford, “We’re frustrated with the rail crossings, too.” He added, “I would love to see if we can put pressure on the owner [of the Duryee Building, which houses the Marina Restaurant] to resolve the sidewalk issue.” Part of the handicapped complaint involves a disputed access area to the Salty Pelican restaurant from Centre Street. Miller asked if anyone from the city had spoken with the building owner. Boner asked if commissioners would support his meeting with the building owner to attempt an informal resolution to the dispute. Commissioner Charlie Corbett quickly replied to both Miller and Boner, “That’s already been tried.” City Attorney Tammi Bach said that the dispute is now in the hands of Judge Wesley Poole, but that nothing prevented the parties from trying to settle matters between themselves. Boner said, “If there is any interest on their side [Duryee Building owner], I’m interested [in talking about a dispute resolution].”
New park in Old Town
With the passage of Ordinances 2014-03 and 2014-04 on first reading, the city is moving forward to assign both a Future Land Use Map designation of Recreation and a zoning category of Recreation to a 0.08-acre parcel of land on N. 14th Street recently purchased with Parks and Recreation impact fees. Gerrity indicated that upon final passage this land, one of the triangular lots in Old Town, would be used as passive parkland.
Dogs on Restaurant Patios?
Commissioner Miller reported that under current law, it is illegal for any dog other than a service animal to be allowed on outdoor restaurant patios in the city. He said that the state restaurant health inspector expressed surprise that the city of Fernandina Beach has not passed a law to allow restaurants to apply for permits allowing dogs to accompany their owners at outdoor dining areas. Miller emphasized that when a community advertises itself as “dog friendly,” pet owners assume that they can take their dogs to such establishments. Miller cited communities that have passed such a local ordinance, and Vice Mayor Pelican reported that Jacksonville Beach had recently passed such a measure. Miller stressed that passage of such an ordinance would not force any restaurant to allow dogs on its outside patios.
Mayor Boner recognized local citizen Lynn Williams who spoke in opposition to such a move, citing safety and insurance concerns arising from experiences in Illinois with which he was familiar.
Commissioner Corbett suggested that perhaps a survey of restaurants to determine interest was in order. He read a list of requirements necessary for a permit allowing dogs. Commissioner Pat Gass said that the list was not as onerous as it sounded, because in order to serve food, restaurants already were required to comply with most of those requirements. She said, “I don’t have a problem proposing such a measure if it can be made part of the normal restaurant permitting process.” She added, “We have allowed [dogs] on our restaurant patio because we didn’t know that we couldn’t.” The Gass family owns Kelley’s Courtyard Café in the city.
Community Development Director Adrienne Burke advised the FBCC that as such a measure would require a code amendment, it would need to go through the Planning Advisory Board before the FBCC could consider approval. She said that after some preliminary research she learned that other communities charge $25-$250 for such a permit, and that while there would be a separate inspection required, it could probably take place at the same time as the annual local business inspection. Burke said that she would prepare a memo for the FBCC detailing costs and requirements of such a permit. Mayor Boner advised, “Make it as simple as possible, as cheap as possible.” The matter will return to the FBCC in March. Should they agree to proceed, it will then go to the Planning Advisory Board for their consideration before returning to the commission for action.
Self-Insurance
City Manager Joe Gerrity asked the FBCC for guidance on the issue of pursuing self- insurance for the city, reminding them that they had had time to consider the presentation on the topic by Shaun Woleshin of Harden and Associates, the city’s insurance consultant on January 16, 2014. Commissioner Corbett asked if it would be possible to be briefed by a self-insured group, as opposed to an insurance agent. Gerrity informed Corbett that the city uses an insurance consultant to shop rates each year to make sure that the city obtains the best coverage for the best rates. He reminded the FBCC that Harden and Associates was the city’s consultant, not an insurance agent per se. In that capacity, Harden has helped the city strategize on ways to obtain lower rates on all the types of insurance that the city carries.
Commissioner Pat Gass said that instead of seeing $800K paid annually in insurance premiums, she would prefer to see all or part of the money go into a fund that over time would constitute the city’s in-house insurance fund. With proper investment, the city would then be able to stop paying insurance premiums.
Mayor Boner said, “In some ways we are trending toward self insurance.” He cited the higher deductibles on city policies that result in lower premiums. Vice Mayor Pelican asked, “Can we set the money aside in the reserve and make sure that it continues as an insurance reserve?” Gerrity replied that a new commission could decide to reverse course and use the money for something else. Pelican then asked rhetorically, “Can you risk that?”
Gerrity cited an incident that occurred several years ago in which a city garbage truck collided with a passenger vehicle resulting in long-term health and disability claims by the injured party. He said that without insurance the city could have been required to pay millions in compensation. Gass seemed supportive of some type of catastrophic insurance coverage for cases like that. Gerrity replied, “So then you are not against all insurance.” Gass said, “I just can’t stand premiums.”
Mayor Boner once again recognized Lynn Williams, who agreed with Gass. He cited “the never-ending, insidious greed” of the insurance industry, complaining that one company’s Florida health insurance rates are double those in Massachusetts. He also claimed that every major corporation and city are self-insured. Williams added that he believed the city could reduce its insurance bill by half.
There was no consensus on pursuing self-insurance.
Mobile vending permits
During his report City Manager Joe Gerrity said that he had been asked to investigate permitting for mobile food vendors. Commissioners expressed a variety of concerns relating to impact on local restaurants and proposed locations. Commissioner Gass said that she would be interested in learning more about the idea.
Greens and Oversight Committee and Golf Course Advisory Board
Commissioner Miller revisited the FBCC’s decision to create the golf course Greens and Oversight Committee (GOC). He said that “sunsetting” the Golf Course Advisory Board (GCAB) was just a nice way of telling the members of that Board that they were fired. He asked if the members would be invited to serve on the Greens and Oversight Committee, the group recently formed to replace the GCAB. Commissioner Corbett said they could apply for appointment to the new committee and that their applications would be considered. Miller continued to express unease over the manner in which the FBCC had sunset the GCAB and created the GOC. Vice Mayor Pelican advised Miller that the matter had been publicly discussed at a meeting before his election to the FBCC.
Miller asked for clarification regarding the new committee’s requirement to follow Sunshine Law requirements for meetings and communications among members, since that had proven to be a problem for the GCAB according to its former chair Doug Bailey. City Attorney Tammi Bach verified that the Sunshine Law would also bind the new committee.
Mayor Boner said that it was never the intent of the FBCC to make members of the GCAB feel unappreciated. He asked that appreciation to committee members be formally expressed at a future meeting.
Other business
City Manager Gerrity provided an update on storm water management projects. Work on the Alvarez Field parking lot is almost complete. Other projects are underway on Franklin Street, Jean Lafitte and Island Plantation Drive.
City Clerk Caroline Best advised the FBCC that there are vacancies on many city boards and committees: Arts and Culture, Board of Adjustment, Code Enforcement, CRA Advisory Board, Planning Advisory Board, and the Greens and Oversight Committee.
Commissioners who attended the recent Police Appreciation Banquet commended Chief Hurley on his outstanding force, reserving special recognition for Tina Smith who was named officer of the year.
Editor’s Note: Suanne Z. Thamm is a native of Chautauqua County, NY, who moved to Fernandina Beach from Alexandria,VA, in 1994. As a long time city resident and city watcher, she provides interesting insight into the many issues that impact our city. We are grateful for Suanne’s many contributions to the Fernandina Observer.
February 5, 2014 2:45 p.m.