FBCC considers changes to Ordinances

Submitted by Suanne Z. Thamm
Reporter – News Analyst
February 22, 2021

On Second Reading at their February 16, 2021 Regular Meeting, the Fernandina Beach City Commission (FBCC) approved two Ordinances for final adoption.  While public hearings were conducted, no member of the public spoke.  The FBCC also considered 3 Ordinance changes on First Reading.

PROHIBITION OF E­BIKES: ­ ORDINANCE 2021-­02 

Although Commissioners initially thought to ban certain classes of ebikes from sidewalks, trails, beaches, and Egan’s Creek Greenway, they ultimately decided that such action would create enforcement headaches.  Instead they opted to remove the reference to ebikes from the ordinance and provided a speed limit of 10 MPH for all bikes. The motion passed on a 3-2 vote with Mayor Mike Lednovich and Vice Mayor Len Kreger in opposition.  Kreger’s position was that there should be no bikes of any sort in the Greenway.

APPEALS OF HISTORIC DISTRICT COUNCIL DECISIONS: ­ ORDINANCE 2021-­03 

Prior to the adoption of this ordinance, only applicants were allowed to appeal decisions of the Historic District Council (HDC) to the City Commission.  Commissioner Chip Ross suggested broadening the right of appeal to “aggrieved or affected parties” in the interest of fairness.  Other Commissioners did not agree.  The compromise, which was supported by all Commissioners, was to eliminate any appeals of HDC decisions to the FBCC.  With the change, appellants will be required to seek relief through the courts.

  

Approved with amendment on First Reading was Ordinance 2021-04, which allows for the use of pavers and circular driveways within the public right of way with the proviso that the property owner is responsible for any repairs or replacements needed because of City or utility company work in the right of way.  This ordinance is now in effect even though it must pass a Second Reading and public hearing.

Also approved unanimously on First Reading with little or no discussion were two  technical Ordinances:

  • Ordinance 2021-05 established an amended classification and Pay Plan for current fiscal year by adding a position for City Engineer.
  • Ordinance 2021-06 amended the Code of Ordinances to update referenced technical codes.
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DAVID LOTT
DAVID LOTT(@dave-l)
3 years ago

The decision to eliminate the right to appeal decisions of the HDC is a poor one as it creates an almost impossible to attain bar from a financial standpoint. While the HDC is composed of knowledgeable and well intentioned folks, there have been more than a few occasions over the years where a member has used their influence or personal agenda to obtain decisions that were later overturned. Living and maintaining a structure in the Historic District already has substantial costs but such a willingness to shoulder such expenses shouldn’t be implied justification for requiring undue legal expenses as the next step in an appeal’s process. Section 2-88 of the City Charter provides “All parties shall be afforded an opportunity for hearing…”. To continue along this path of eliminating this right of appeal to the City Commission makes it appear that the Commissioners are abdicating their duty. I would hope that the Commission would rethink this position.