Submitted by Suanne Z. Thamm
Reporter – News Analyst
October 13, 2014 11:00 a.m.
In addition to proclamations, presentations and first hearing of a new ordinance, all covered in separate articles, the Fernandina Beach City Commission (FBCC) unanimously approved a 3-item consent agenda, 3 resolutions, and 2 board appointments. All of these items may be viewed on the city website—fbfl.us. Those interested in watching all or part of the meeting may view the video on the city website as well.
Items listed below generated comments from the public and/or city staff and commission discussion.
Management agreement and lease agreement with Westrec Marina Management, Inc. (Resolution 2014-141)
The FBCC unanimously approved a September 22, 2014 draft of a new management/lease agreement between the city and Westrec Marina. Westrec’s initial 5-year lease and management agreements were adopted in 2009. That agreement will expire in December 2014.
The new agreements provide for year-to-year agreements, which can be terminated by the city or Westrec without cause by giving 90 days’ notice. City Manager Joe Gerrity said that while Westrec was initially not happy with the city’s proposal to go to a year-to-year arrangement, the parties eventually agreed to the new contract that provides for:
- Reduction of one full-time to a seasonal part-time position resulting in a savings of $8,800 per year;
- Westrec management fee reduction in the amount of $8,800 per year;
- Change in marina hours of service during the 4 winter months (the slow season) to close two hours early at 6:00 p.m. daily. This change will result in an annual savings of $6,160.
- No change to the variable fee component of the agreement.
Subsequent to these changes, the city will realize an annual savings of $23,760. Although a Westrec official was in attendance, he did not speak to the item, and the FBCC moved quickly to pass it without discussion.
Airport Minimum Standards Amendment (Resolution 2014-142)
The FBCC previously heard from the Airport Advisory Commission (AAC), airport tenants and the FBO operator on this item during the September 16, 2014 Regular Meeting. Based upon the AAC’s recommendation, supported by public comments, the FBCC unanimously approved the resolution, which amended the Minimum Standards for Commercial Aeronautical Activities on the Fernandina Beach Municipal Airport by deleting the current requirement for Completed Operations and Completed Products insurance for commercial aeronautical operators. In opposing this requirement, opponents cited excessive cost for small businesses as well as the inability of some users, like the local flying club, to be eligible to purchase such insurance.
In a memorandum to the FBCC and the City Manager dated August 11, 2014, City Attorney Tammi Bach recommended against this action, after consultation with the city’s risk management consultant and the city’s legal consultant for airport matters. She wrote, “The legal and professional risk consultants must tell you to require this insurance because it is the only insurance coverage the City would have should there be an accident after work is done on an aircraft at the Fernandina Beach Municipal Airport.” She later added that while many airports, including Jacksonville International Airport, have made a business decision not to require such insurance, “Risk can be managed, but it always exists.”
Members of the public who urged the FBCC to eliminate this requirement included Tom Piscatello, Andy Curtin and Jim Lehman. Lehman said that the decision to acquire such insurance should be a business decision, left to individual operators. He reminded commissioners that a similar requirement does not exist at the city marina.
Vice Mayor Sarah Pelican reminded commissioners that currently most of the people required to obtain the insurance are not even able to get it because their activity is not eligible for it.
The requirement was deleted by a unanimous vote of the FBCC.
Advisory Board Appointments
Commissioners unanimously approved an appointment and a reappointment. Alice Payne was approved as the Amelia Community Theatre representative to Arts and Culture Nassau, with a term ending October 2016. Charles W. Rogers was reappointed to a term on the Planning Advisory Board for a term of 3 years. Commissioners deferred filling additional vacancies until such time as a larger applicant pool can be brought forward for consideration.
Gate Across Estrada Street – Public Comment
Old Town resident Michael Harrison reported that following discussion with the city, the new manager of RockTenn has agreed to remove the gate that blocks Estrada Street by the end of the year, assuming that all Homeland Security issues can be satisfactorily addressed. Harrison asked the City Manager to write a confirming letter containing the agreed upon deadline to Rock Tenn.
Underground Utilities – Public Comment
Local resident Andy Curtin reported to the FBCC on the results of a brainstorming session conducted with people interested in burying utility lines. The citizen group identified ideas and objectives for presentation to Florida Public Utilities. Commissioner Johnny Miller said that he had attended the meeting, and brought up the idea of costs of such a project, asking who would be expected to pay. He said there seemed to be an interest among residents in paying for this themselves. City Manager Gerrity reported that when this matter was studied several years ago, costs ranged from $750K to $1.5M to bury utility lines. Michael Harrison, a member of the city’s former Underground Utilities Committee, weighed in with suggestions to help defray costs. Because this item had not been placed on the Agenda for full discussion, Gerrity advised the FBCC to hold off further discussion until the topic could be properly noticed to the public. There seemed to be strong commission support for continuing the discussion at a future meeting.