And now, the rest of the meeting …

Submitted by Suanne Z. Thamm
Reporter – News Analyst
May 8, 2014 5:09 p.m

Fernandina Beach City Commission meeting - May 6, 2014
Fernandina Beach City Commission meeting – May 6, 2014

The Fernandina Beach City Commission (FBCC) began its first regular May meeting on the 6th at 6:00 p.m. and soldiered on through a long evening with only a 5-minute break until 10:10 p.m. This meeting followed a special meeting that was called to complete an agenda of an April meeting that had again run long.  By the time Mayor Boner gaveled the meeting to a close, the commissioners had been in almost constant session for five hours.

Proclamations

  • DSCN2515Civility Month.  Mayor Boner recognized the month of May as “Civility Month,” at the request of the attorneys of the City, County, and Local Government Law Section of The Florida Bar.  City Attorney Tammi Bach accepted the proclamation, which was designed to uplift the tone and conduct of public meetings throughout the state.
  • FBPD Lt. Jack Bradley and Mayor Ed Boner
    FBPD Lt. Jack Bradley and Mayor Ed Boner

    National Police Week & Peace Officers Memorial Day.  FBPD Lt. Jack Bradley accepted this proclamation in honor of past and present law enforcement officers.

  • Building Official Tony Perez-Guerra and Mayor Ed  Boner
    Building Official Tony Perez-Guerra and Mayor Ed Boner

    Building Safety Month.  Mayor Boner presented this proclamation to Tony Perez-Guerra, the city’s new Building Official.  Boner encouraged all residents to recognize those in the city and the building trades who work to keep people safe.

  • National Preservation Month.  See separate article.

 

 

 

Steve Boyette presents a sample of a meal packed by Meals of Hope.
Steve Boyette presents a sample of a meal packed by Meals of Hope.

Presentations

In addition to Historic Preservation Awards (see separate article) the FBCC listened to a presentation from Steve Boyett on the activities of the Meals of Hope organization.  Commissioner Johnny Miller brought this item to the commission.  Boyett informed commissioners that 13.2% of local residents suffer from food insecurity, meaning that they do not know where their next meal is coming from.  Even more alarming is the statistic that 49% of children rely on meals provided by social programs in the schools as their only regular source of food.  Meals of Hope asked for approval from the City Commission to host a food-packaging event in the city.  Boyett said that in 2.5 hours, a team of volunteers could assemble as many as 250K meals for distribution through existing community channels.  He brought samples of the assembled product, a macaroni and cheese meal that will feed six people and requires only the addition of water.  He pointed audience members to the organization’s website — http://mealsofhope.org –for more information on how people can join this project.  The commission took no action.

Consent Agenda

All six items on the consent agenda passed with unanimous support.  Commissioner Pat Gass had pulled for discussion Resolution 2014-50, calling for approval of an agreement between Nassau County and the city for coordination of fire/rescue calls for service.  Gass explained that her concern related to reimbursement to the city for costs and expenses of responding to calls within the county.  City Attorney Tammi Bach advised that the place to talk about such matters was the mutual aid agreement.  Gass supported the coordination agreement but indicated that she wanted to return to the question of costs and reimbursement in the future.

Public Comment on chickens and church parking

Roger Martin opposes permitting chickens in residential areas.
Roger Martin opposes permitting chickens in residential areas.

Roger Martin, the first of five speakers, rose to speak against the proposed ordinance to allow up to six chickens per residential property under certain circumstances.  This ordinance will be heard on May 20, 2014.  He explained he had experience living next door to someone who raised chickens without a permit.  He presented commissioners with photos of sores on his son’s legs caused by the chickens, stressing that chickens cannot be easily confined and that they are a health hazard, especially to children and the elderly.  Martin said that even if subdivisions outlaw chickens, if the homes back up to other areas where the fowl are permitted, they would have problems with the birds.  He also emphasized the adverse impact on property values for those who abut properties with chickens.  He suggested that if the FBCC approves the proposed ordinance, it will be opening a Pandora’s box, leaving the door open to other types of fowl and potentially other farm animals such as sheep, goats and pigs.  He asked that the FBCC not approve the proposed ordinance and remove from the city manager’s authority the current ability to grant a permit for even one chicken.

Rosanne Jameson
Rosanne Jameson

The remaining four speakers addressed concerns over parking and traffic issues associated with the proposed expansion of St. Michael’s Roman Catholic Church at North 4th and Broome Streets.  First to speak was Rosanne Jameson, who said that she had approached both church and city authorities on church expansion problems, all to no avail.  She said that the church with city approval was addressing the parking problem by building a “sardine parking lot,”  adding, “I thought we could count on the city [for help].”  In addressing emergency access to church and neighboring residences, City Manager Joe Gerrity said that he would discuss enforcement of existing laws with the Police chief.

Wylene Blanchard
Wylene Blanchard

Wylene Blanchard suggested to the FBCC that the solution to the parking problem might lie in a human rights ordinance to “protect rights given by God.”  She said that such an ordinance would “add quality to our lives.”  She spoke at length about her ideas for the city, at one time suggesting a welcoming archway to Florida.  She said, “We are expanding a church that doesn’t need expanding.”  She went on to quiz each commissioner individually regarding his or her thoughts about adopting a human rights ordinance.  Vice Mayor Sarah Pelican, the last to be asked, replied, “I was raised to follow the Golden Rule, but things don’t always work out that way.”

Brian Downey
Brian Downey

Brian Downey questioned the wisdom of the city’s permitting the church to meet its parking requirement with a valet parking lot.  Calling it a “sardine car lot,” he explained that it would take an hour and twelve minutes optimistically to park the cars.  While cars are waiting, they will cause a traffic build up in the neighborhood and lead to traffic “chaos” when people exit the church to claim their cars.  He told the FBCC that safety of the school children should be a city concern, since money needed to repair the school was being diverted to church expansion.  He also claimed that the News Leader had cut letters addressing concerns over expansion related matters.

Joann Bean
Joann Bean

Joann Bean asked commissioners to return to a previously approved plan for a 32-car lot that would not involve valet parking.  She said that the earlier plan would save an old magnolia tree.  She said that she hoped her suggestion was not too little, too late.  In response to her questioning, both Commissioner Pat Gass and Vice Mayor Pelican replied that her suggestion was plausible.

Resolutions

At 7:20 p.m. the FBCC returned to its business agenda, passing 10 of the 11 proposed resolutions via unanimous votes. [See separate article on waterslide for debate and vote on resolution 2014-53, which passed on a 4-1 vote.]  Commissioners approved two resolutions relating to the golf course:  2014-52, which authorized purchase of an air conditioner for the pro shop in an amount not to exceed $33,300, and 2014-63, approving the sole source purchase of Champion Bermuda grass in an amount not to exceed $32,500.  The FBCC approved a preliminary plat for the Dunes of Amelia subdivision and executed a Developer’s Agreement with Parkway Dunes, LLC regarding placement of potable water and sewer lines.  Other resolutions included awarding a bid and a construction contract to rehabilitate the airport’s north Terminal and Hangar “A” apron; endorsing the Amelia Island Trail, phases 2 and 3; approving the Sovereignty Submerged Lands Lease between the city and the state; approving fee adjustments for architectural work on the library; and providing an additional $25,000 to cover higher than anticipated legal costs associated with the Columbia Cascade lawsuit.  See separate article for action approving expansion of Martin Luther King, Jr. Center restrooms.

Ordinances – First Reading

At 8:25 p.m. the FBCC moved on to hear four ordinances, none of which generated any public comment.  All were approved unanimously.  Note that Ordinances require a minimum of two readings before they receive final approval.  The second reading will require a public hearing.

Ordinance 2014-14 (Dining with Dogs) amends the Land Development Code to allow dogs to accompany their owners in outdoor dining facilities, provided that the restaurant owners desire to offer such a feature.  Service dogs are exempt from this change.  Commissioner Gass asked that there be no additional regulatory burdens placed on restaurant owners, other than those mandated by state law.

Ordinance 2014-15, a housekeeping ordinance, proposes minor revisions to clean up various parts of the Land Development Code.

Parks & Recreation Director Nan Voit and Community Development Director Adrienne Burke discuss cemetery concerns.
Parks & Recreation Director Nan Voit and Community Development Director Adrienne Burke discuss cemetery concerns.

Ordinance 2014-16 – Cemetery provides a series of changes that invest staff with greater enforcement authority.  It also permits the city to buy back unwanted cemetery lots.  In response to commissioner inquiries regarding several cemetery-related matters, Community Development Director Adrienne Burke advised the FBCC that there is a city appointed working group addressing many of these matters as part of fulfilling the city’s comprehensive plan requirements.  Commissioner Johnny Miller commended city staff for the compassionate and caring manner in which they continue to deal with bereaved families over cemetery matters.

Ordinance 2014-17 – Special Events moves this topic to the Parks and Recreation part of the Land Development Code and makes minor changes for clarification purposes.

All proposed ordinances are available in their entirety on the city’s website, fbfl.us.

Discussion – Direction – Action

307 S. 7th Street
307 S. 7th Street

At 8:50 p.m. the FBCC turned its attention to an item placed on the agenda at the request of Mayor Boner regarding the city’s application of non-conforming use regulations to a specific property located at 307 S. 7th Street. Specifically, Boner wanted to discuss the city’s regulations pertaining to non-conforming use as provided by Land Development code Section 10.01.00.  Based on that regulation city staff determined that the previous use of a structure located at 307 S. 7th Street as a duplex is no longer protected as a nonconforming use; the structure must therefore be brought into compliance with R-2 zoning requirements.  The property owner and her agent were advised by staff that they might appeal staff’s determination via an administrative appeal to the city’s Board of Adjustment. Prior to the meeting, Boner had discussed his concerns with both the City Attorney and the Community Development Director.  But he believed that this was a bigger question of policy that needed to be brought to the entire commission for discussion and possible code change.

Commissioners heard an explanation of current requirements from Community Development Director Adrienne Burke.  Burke explained the difference between non-conforming use and non-conforming structure.  The language under discussion has been in the City Code since as early as 1955. She explained in detail the chronology of events that led city staff to its conclusions.

Former Mayor-Commissioner Greg Roland
Former Mayor-Commissioner Greg Roland

Former Mayor Commissioner Greg Roland, a neighbor of the property in question, informed commissioners that he was intimately familiar with both the property and the circumstances.  He said that the property has never been permitted or used as a duplex, backing up Burke’s explanations.  He said he did not know why the realtor or property owner had not fully researched the matter prior to the purchase.  He urged the city not to change any part of the code, but to defer to the Board of Adjustment on this particular case.

Realtor John Stillwell
Realtor John Stillwell

John Stillwell, the realtor who handled the transaction, also addressed the commission.  Stillwell cited property appraiser records and other items as proof that the structure had been a duplex.

DSCN2502After more than a half hour of discussion, Vice Mayor Sarah Pelican asked, “Why are we hearing this?”  She suggested that the current discussion, playing out before the public and media, might adversely impact the applicant’s hearing before the Board of Adjustment.  Mayor Boner replied, “The Board of Adjustment is not the place we can change things.”  He suggested that he was sympathetic to the realtor and new owner and questioned, “Is this how we see the LDC working?”  Pelican maintained that the Board of Adjustment should have been the first step, not the city commission.

Commissioner Charlie Corbett
Commissioner Charlie Corbett

Stillwell continued his narrative with the indulgence of the mayor.  Boner tried to get the commissioners to agree to a workshop to clarify the code, but had no takers.  Commissioner Charlie Corbett appeared to speak for the remaining commissioner and said, “[The matter] should go to the Board of Adjustment.”

Reports and Comments

City Manager Gerrity thanked all the parties for their work in effecting recent repairs to the rail tracks downtown, singling out resident Tony Crawford, the commissioners and First Coast Railroad.  He asked for a special meeting on May 13 to discuss moving forward on WAG plans for the waterfront, stating that he has received cost estimates.

Commissioner Johnny Miller commended the Shrimpfest activities but raised questions about the propriety of residents blocking city right-of-ways (ROWs) for their own private parking needs during the festival.  After a brief discussion involving city ROWs, their maintenance and the role of property owners in taking care of them, the city manager agreed to explore the matter further with the Police Department.

Commissioners Johnny Miller and Pat Gass
Commissioners Johnny Miller and Pat Gass

Commissioner Pat Gass reported that there would be fireworks on the 4th of July.  She said that in response to a plea from Scott Moore, president of the Historic Downtown Merchants Association, County Commissioner Steve Kelley agreed to take responsibility for raising the $14,000 to guarantee that the event will take place.  She said that Kelley would be drumming up contributions from local businesses and citizens.  She advised that the Amelia Island Fernandina Beach Yulee Chamber of Commerce has agreed to act as banker, but that people wanting to contribute can contact Kelley Pest Control for more information.

DSCN2501Mayor Boner thanked Texas Roadhouse for their community building contributions during their annual conference last week, adding that he hoped they would return.  He said that he dropped off a city proclamation at one of their work sites.  He also thanked the Shrimpfest Committee for another successful festival.

Suanne ThammEditor’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.

The meeting adjourned at 10:10 p.m.