City Commission meeting – All business on April Fool’s day

 Submitted by Eric Bartelt 

Tuesday’s April 1st City Commission meeting had nearly a full house. One Commissioner, Charlie Corbett, was absent.

The meeting began with five proclamations, a longer list than usual. The proclamations recognized National Volunteer Month (accepted by Nassau County Volunteer Board Member Tricia Harrell); Arbor Day, accepted by Carol Beck and Michael Spicer on behalf of the Amelia Tree Conservancy and Petanque Club; photographers Scott and Dawna Moore, who’s work captures some of the local history and flavor of Fernandina; Mayors Day of Recognition for National Service (requested by the Florida League of Cities); and finally Aviation Appreciation Month.

Consent Agenda

The Commission considered whether to endorse a plan for new ferry service from Fernandina to Cumberland Island. The U.S. Park Service’s exclusive agreement that provides ferry service between St. Marys and the Cumberland Island National Seashore will be coming up for renewal in August. The Park Service is being asked to retain the ferry service from St. Marys to Cumberland, but allow new ferry service between Fernandina and Cumberland. The Park Service is also being asked to make the new service bicycle friendly by allowing the ferry to carry bicycles. If bicycles were permitted, this would close a gap in the national East Coast Greenway trail system by linking Fernandina and St. Marys. Under the request, bicycles would be allowed to be ridden on Cumberland Island, but restrictions on the number of daily visitors to the island would remain in place.

Speaking in favor of the plan was Phil Scanlan, head of the Friends of the Amelia Island Trail biking group; Coleman Langshaw, whose family owns Greyfield Inn on Cumberland; and Kevin McCarthy, owner of Amelia River Cruises, who would run the new ferry service. The three spoke to the economic importance and benefit to tourism the expanded service would have locally for both Fernandina and St. Marys, and more broadly for Florida and Georgia. Mr. Scanlan emphasized that “…we really want to work cooperatively…” with St. Marys, that “…we are sister cities…,” and that “…one of the things we’ve got to do is work well with St. Marys…” to be sure tourism is positively affected for both cities.

Mr. Langshaw pointed out a misconception about Cumberland Island – that it is a National Park, not a Georgia State Park. As a national park, taxpayers from both Florida and Georgia support the park, a further incentive for the Park Service to allow ferry service from Fernandina.

Mr. McCarthy said, “The issue here is access to a National Seashore.” And that, “It’s common throughout the country today that the gateway communities surrounding national parks typically prosper from them with tourism. The problem is, for the past 40 years…Fernandina hasn’t been a gateway community.” He added, “…day after day, I have requests from people who want me to take them to Cumberland, and they don’t understand why I’m not able to do that.”

No one spoke against the new ferry idea, although a few social media comments have expressed concerns about the ecosystem impact of introducing more visitors, and their bicycles, to Cumberland Island. The resolution passed, with little discussion among the Commissioners, on a 4-0 vote.

Also on the Consent Agenda was whether to approve a request from Advanced Disposal Services to provide trash removal and clean-up for the 2014 Shrimp Festival, at a cost to the City of $32,803. In the past, the cost to the City for Shrimp Festival trash removal was questioned by the Commission. This time around, however, the resolution passed unanimously without discussion.

Public Comment

During the Public Comment period, when the public can bring up items not on the Agenda, Ms. Joann Bean passionately lent support for keeping a large, magnificent Magnolia tree on the property of St. Michael’s church, that is to be taken down in order to accommodate their church and parking expansion. She expressed concern about the effectiveness of the City’s Tree Ordinance and the removal of trees in order to provide more and more parking.

The parking issues with St. Michaels were also the subject of comments by Ms. Willyne Blanchard, as she pressed City Manager Gerrity for parking solutions.

Lynn Williams brought up the inequity between City and County property taxes. He sited the 370 calls the city Fire Department made to county locations, an expense he calculates at about $300,000, which is borne by City residents for the benefit of County residents. He also suggested that it now appears the County is not so willing to pay a portion of the $700,000 cost of beach replenishment that will be required fairly soon, and that maybe the TDC (Tourist Development Council), which collects the “bed tax” and promotes tourism, shouldn’t pay a portion of the cost, either. He urged the Commission to do something about this in “a firm sort of way, and perhaps as early as tonight” by considering revoking the interlocal agreement with the County until there is an equitable solution between what the City pays for and the County takes advantage of.

Resolutions

Controller Patti Clifford provided information about the purchase of recording software and equipment, some of which would will replace failing equipment that contributes to the problems viewers experience when trying to watch Commission meetings on the local community access channel. The Resolution passed 4-0.

A Memorandum of Agreement between FDOT and the City for maintenance of the landscaping along 8th St., between Lime St. and Centre St. was terminated. The City was maintaining the landscaping but, due to staff cuts and a lack of safety equipment, can no longer do so. FDOT agreed to take over the maintenance. This Resolution passed 4-0

Ordinances

A First Reading of an Ordinance pertaining to a large voluntary annexation – over 24 acres – became the most contentious issue of the night. Prior to its development, the Gateway to Amelia commercial development, located in the County at 8th St. and Amelia Island Parkway, applied to the City for sewer service. At that time, City sewer lines did not extend to that location and the City denied the request. Gateway to Amelia then paid to have the lines extended to its property.

For a development not located in the City to receive sewer service, it agrees to be voluntarily annexed into the City at a time in the future when the development meets certain state requirements pertaining to contiguous boundaries and when adequate water and sewer system capacity is available. Until the property is annexed into the City, the property owner pays a 25% premium for sewer service.

Some of the Gateway to Amelia commercial property owners now disagree with the annexation, suggesting the annexation isn’t really “voluntary”. They say they signed the City’s annexation agreement “under duress,” because they had no choice but to sign, if they wanted sewer service.

What appears to be at issue, though not openly stated during the meeting, is that upon annexation the property owners will be subject to the higher taxes of the City.

Other parcels, including a large residential property with 56 condominiums units on Somerset Dr., just south of the Gateway properties, the Hess gas station property on the corner and the smaller commercial development across Amelia Island Parkway to the east are also included in the annexation.

Speaking against the Gateway to Amelia portion of the annexation was Mr. John Pulice, Molly Garrett, Ron Flick, and Charlie Monroe, owner of a business located in Gateway to Amelia. Mr. Pulice maintained that when their properties are annexed, the property owners would be subject to “taxation without representation” since many of them do not live in the City and could therefore not vote in City elections. He urged the City to table the annexation and study it further.

City Manager Gerrity pointed out to Mr. Pulice that when he, Mr. Gerrity, was a City Commissioner, Mr. Pulice approached the City and asked for sewer service and an extended payment plan to pay for it. Mr. Gerrity pointed out that, “…we provided you with the sewer and the payment schedule that was spread out over 18 or 24 months. Basically, we bent over backwards to get you to the point where you could stay in your buildings…” He further added, “You all signed voluntary annexation agreements. You were in real estate. It’s a contract. You got your sewer and now it’s time for you to perform and come in and honor your side of the agreement.”

Mr. Pulice responded by saying that in 2000 – 2001 the developer asked the City to provide the sewer, but was turned down. They then became part of the Marsh Lakes sewer system, staying on that system for 8 years. When that system became no longer acceptable to the Dept. of Environment Protection (DEP), Gateway again approach the City and asked for sewer service. The City agreed that they could tie into the City line. Gateway paid for that connection and is now asking the City to waive the voluntary annexation agreements the owners signed because of the expense they incurred a few years ago connecting to the sewer.

Mr. Ron Flick also spoke against the annexation. He provided a brief history and said he had not wanted to sign the annexation agreement, but did so out of compassion for the businesses there, such as the restaurants, who couldn’t survive without City sewer service. He added that Gateway had “…met their public obligations, but with no help from the City of Fernandina Beach.” He likened the signing of the agreements to “extortion” because, he said, they had no choice but to sign, if they wanted sewer service.

Mr. Flick also pointed out some omissions and inconsistencies in the City’s documentation pertaining to the annexation’s zoning and land use provisions, notifications to property owners and the official recording of “about 40” of the annexation agreements. In addition, he said many of the properties changed hands and some of the new owners are unaware of the annexation agreements covering their properties. He concluded by questioning whether the City’s voluntary annexation ordinance actually complies with Florida statute. Senior Planner Kelly Gibson then gave a brief summary outlining the annexation provisions.

Ms Gibson was followed by Charlie Monroe, owner of a business in Gateway to Amelia. Mr. Monroe posed four questions to the Commission:

• Is the City going to buy the approximately $350,000 of infrastructure Gateway to Amelia paid to install?

• Can those property owners outside of Gateway to Amelia who are now tied into the sewer line be charged?

• Who will own the road within Gateway to Amelia? Since it’s now a private road, will the City take it over and maintain it?

• Will Gateway to Amelia continue to be under the County resort overlay zoning that it is now under?

After assuring Mr. Monroe the City would look into the issues he raised, a motion to approve the annexation was made by Commissioner Gass and seconded by Commissioner Miller. The motion carried with a 4-0 vote.

During the separate discussion of zoning changes that would occur with the annexation, Mr. Flick raised additional questions about reimbursement to Gateway from property owners outside Gateway to Amelia who tied into the new sewer line. “To this day”, he said, “we cannot get accountability as to who tapped into that line in the first five years, and how we were to be reimbursed. Never happened.”

The Commission pointed out that this was only the first reading of the ordinance and that they would be looking into the questions raised about the annexation before the second reading at the next Commission meeting. The zoning change would not come back for the second reading until June, after State review.

Just before the meeting concluded, Jennifer and Michael Harrison made a brief presentation that addressed concerns about the bluff in Old Town, adjacent to the old Spanish fort plaza. They also discussed possible options to keep cars off the plaza, as it is an historic site with archeological importance, and for access trails down to the river.

And finally, during the City Manager’s Report, Mr. Gerrity reported that First Coast railroad will begin major rail crossing improvements on April 14th.

Editor’s Note:  Eric Bartelt retired as a corporate design consultant and moved  to Fernandina Beach in 2004.  His previously lived in Wisconsin.  Since Eric’s arrival in Fernandina Beach, he spends his time volunteering, and playing soccer.  We thank Eric for his contributions to the Fernandina Observer.

April 3, 2014 2:15 p.m.