First FBCC post general election meeting has light agenda

Submitted by Suanne Z. Thamm
Reporter – News Analyst
November 6, 2015 2:59 p.m.

The 2015 General Election bumped the Regular Meeting date for the Fernandina Beach City Commission (FBCC) from Tuesday, November 3 to Wednesday, November 4. The mood was light, as was the agenda for the meeting, which lasted barely an hour.

Proclamations

The city recognized November 15, 2015 as “National Recycle Day.” Mayor Ed Boner presented the proclamation that called attention to the environmental benefits of recycling to Keep Nassau Beautiful Executive Director Len Kreger and City Fleet & Facilities Director Jeremiah Glisson. Joining Kreger and Glisson to accept the proclamation were members of the Fernandina Beach High School club Green Wise and their sponsor Rob Taylor.

Mayor Boner also proclaimed November as Pancreatic Cancer Awareness Month and November 13 as World Pancreatic Cancer Day. Christa Smith, a volunteer with the Pancreatic Cancer Action Network accepted the proclamation on behalf of her organization, which is located in Jacksonville.

On behalf of the Daughters of the American Revolution, Cara Curtin, who chairs the chapter’s American Indians Committee, accepted the city proclamation recognizing November as Native American Heritage Month and November 27, 2015 as Native American Heritage Day. DAR Regent Lucinda Jo Glenn accompanied Curtin.

Mayor Boner recognized the Airport Master Plan Update Technical Advisory Committee for its achievement in seeing the Airport Master Plan Project to fruition. Committee chair Teresa Prince and Airport Advisory Commission Chair Richard Gray accepted the proclamation of appreciation on behalf of the committee members and city staff:

Prince and Gray thanked the city, singling out the work of Bobby Kozakoff in helping with committee logistics. They also thanked members of the public who provided input during their public meetings.

Public Input

Chip Ross addressed the FBCC regarding public concern over what he believed was a lack of an overall, coordinated, written plan to deal with a spill or fire connected with hazardous, flammable and explosive materials that might flow through the Port of Fernandina. Ross acknowledged that to-date there have been no accidents involving such materials that the public has been aware of, but that “such events, while uncommon, do happen.”

He cited Resolution 962, adopted in 1989 as part of the city’s approval to develop the Port of Fernandina. In that resolution, two conditions provided that such plans would be developed with respect to storage and handling of hazardous materials. Ross reported that he has not been able to discover that any local or state agency has a copy of that mandated plan or any other plan setting out protocols for dealing with hazardous spills, explosions, etc. that originated in the port. He cited the lack of an evacuation plan, reminding commissioners that the closest HAZMAT team is in Jacksonville.

Ross allowed that the Port and others might have an appropriate plan, but that the citizens have no knowledge of how they should proceed in the event of such an emergency. He asked the FBCC to invite the Ocean Highway and Port Authority (OHPA) commissioners to a public meeting to explain what the plan is for dealing with spills, fires and explosions at the Port.

Commissioner Pat Gass asked Ross if he had attended a recent Fernandina Maritime Exchange Meeting during which the Coast Guard had explained their role in emergency response. Ross said he had not, but he was joined at the podium by Frank Santry, who had attended the meeting.

Santry responded to Gass’ question, stating that the Coast Guard reviewed its role in inspecting vessels principally for containment of mishaps from hazardous materials. He said there was little discussion of handling the materials at Florida ports and no specific information regarding the Port of Fernandina.

Gass asked if either Ross or Santry had been in touch with the county’s Emergency Operations Center to see about local training for handling hazardous materials accidents. Gass said that all of the concerns expressed have been fully dealt with.

Ross responded, “Respectfully, they have not. I have spoken with [Fernandina Beach Fire Chief] Silcox; I’ve talked with the Port. They have no plan on record. I asked, ‘What’s the plan?’, and I have not been told what the plan is. Maybe their plan is to call 911 and then the HAZMAT team shows up, but I don’t know. Under the [1989 Development of Regional Impact] they were supposed to provide this plan to all government agencies, but apparently they have not.”

Gass said, “I suggest you continue digging, continue looking. There is protocol available. We have Kings Bay, NAS Jax, Mayport, Jacksonville … We are not standing around, waiting to figure out what we will do. I have not seen a plan in writing myself, but I have great confidence that if a spill were to happen, if a disaster was to take place, there would be a protocol followed. I cannot recite it because I cannot remember it, but having worked at Nassau Terminals for 8.5 years on the docks in the Operations Department, I know that we had drills, we had classes, we reviewed this stuff. It was as important to the people present at the port whose lives might be in danger as it is to everyone else in the community. They are not that thoughtless.”

“I’m not suggesting that they are, ma’am,” Ross replied. “I’m just suggesting that if they have a plan, they share it with us. I don’t think that’s an unreasonable request.”

Vice Mayor Johnny Miller added that he would like to see the plan as well. Miller asked for a consensus from the commissioners to meet with the OHPA on the concern.

Both Miller and Commissioner Tim Poynter expressed interest in placing safety and security concerns on the agenda for the joint meeting. Bach replied that because of national security concerns governed by Homeland Security, OHPA would probably not be interested is talking about security measures. “Hazardous waste, emergency plans … those are things that are normally written down,” Bach said.

Gass asked that the city “politely request,” not “demand,” a meeting with OHPA. “They are another government agency,” she explained, “and we would not want them to demand a meeting of us.”

Code Amendment – Private encroachments into public beach accesses

City Attorney Bach presented Ordinance 2015-27 on first reading, incorporating the FBCC’s direction to require that all requests to encroach into public beach accesses be brought before the City Commission for public hearing and approval. Current ordinance authority to issue such permits is vested in the City Manager. Commissioners approved the change unanimously.

Joan Bean objected to the change, stating that the language of the ordinance needs to be stronger and actually prohibit such encroachments. She said that the language is “pitiful,” because it is inviting people to apply for permission to encroach. “There may be some people elected in the future who aren’t near so smart as you all are,” Bean said. “And they may say, well, gee I’ve got a friend who wants to put up six palm trees here, so all I have to do is go and get approval. And that’s not what we want. We want more protection.”

Miller asked if the commissioners could discuss why the proposed change still allows for future encroachments.

City Manager Pro Tem Marshall McCrary said that the ordinance change differentiates beach accesses from other public rights-of-way in the city. He offered as example a piece of mechanical equipment.

Poynter stressed that the change means that five people will hear the request in a public setting, as opposed to one person—the city manager—being able to grant such an encroachment request with no public hearing. Both Gass and Lentz agreed that neighboring property owners might want to beautify beach accesses. Gass said, “If you can get [the request approved] by this board with a room full of people raising Cain, you can be assured it is okay. I’m hoping that there are smarter people following behind us.”

During her report later in the meeting, City Attorney Tammi Bach reported on the status of the proposed beach walkover at Beach Access 33. She reported that the adjacent property owner has agreed to pay for its design and construction. She sought and received approval via consensus of the FBCC to allow the property owner to move forward with the plans, which will place the entire access in the city’s right-of-way. Bach explained that because the neighboring private property owners were unwilling to grant an easement for a ramp, the access would not be handicapped accessible. However, Commissioner Robin Lentz pointed out that Beach Access 34 in the same general area is handicapped accessible. The parking will remain a city obligation, and staff felt there could be two, possibly three spaces.

Other updates from the City Attorney

Sunshine on Main Street

City Attorney Bach explained some in the community has asked her if the Main Street Board meetings are covered by the Sunshine Law. Her ruling has been that they are not. However, in an abundance of care she will seek a formal Attorney General’s opinion. She commented it might take a few months to get the opinion back.

City Manager’s cell phone

City Manager Dale Martin has expressed a preference to use his own personal cell phone in lieu of a City issued cell phone. She explained he would get $50 a month for the cell phone instead of the City paying $40 to $50 a month for a City cell phone. Vice-Mayor Miller questioned if this has been done before. City Attorney Bach replied yes. After a brief discussion the City Commission expressed no objection to this arrangement.

City purchase of waterfront property

Bach announced that she would forward to commissioners the purchase and sale agreement for a parcel of waterfront property north of Brett’s, adding that staff were moving forward with the feasibility study. She clarified that the City has grant money that will be used to update the ATM study from the late 1990’s. She stated the first phase addresses the north part of the property (moving the existing marina slips north) and costs just under $20,000. She pointed out the second phase would examine reconfiguring the docks on the south end of the Marina.

Municipal Services Taxing Unit (MSTU) for beach renourishment

Work continues to craft county and city ordinances to establish this taxing mechanism. She reminded the City Commission that it has to be passed by the end of the calendar year.

Four-year commission terms

City Attorney Bach announced that the voters approved 4-year terms for City Commissioners. She pointed out that next year Commissioner Miller’s seat was up for election, and that would be the first four-year term implemented. She explained that Groups 2 and 3 the election in 2017 would continue to be for three-year terms. She stated Groups 4 and 5 that were just elected would remain three-year terms until 2018. The last off-year city election will be held in 2017.

Commissioner Reports

Commissioners congratulated Len Kreger on his election to the Group 5 seat currently held by Ed Boner. They also congratulated Vice Mayor Johnny Miller on winning the straw poll for Mayor. Commissioner Robin Lentz thanked voters for approving the two ballot questions. Commissioner Tim Poynter thanked all the candidates who had competed for the two city seats, acknowledging how difficult it is to run a campaign. Commissioner Pat Gass called out to candidate Roy Smith, “See you at the polls!” Both Gass and Smith will head to the December 8 runoff to fill the Group 4 commission seat. Miller also thanked everyone who turned out to vote in the General Election.

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.