Submitted by Suanne Z. Thamm
Reporter – News Analyst
November 3, 2016 11:24 a.m.
During their November 1, 2016 Regular Meeting meeting the Fernandina Beach City Commission (FBCC) handled a relatively routine agenda containing no ordinances, presentations or proclamations. The meeting lasted barely 45 minutes, and broadcast issues interfered with the audio portion of the meeting. All items of business were approved on a 4-0 vote (Commissioner Tim Poynter was absent).
This was the last Regular Meeting of the current city commission. On November 15, 2016, the FBCC will hold its post-election reorganization meeting during which it will elect the Mayor and Vice Mayor. The new mayor will also make committee assignments for commissioners.
Only one commission seat is being contested this year. Incumbent Commissioner and Mayor John Miller is facing former Commissioner and Vice Mayor Eric Childers. Voters have also been asked to express their choice for the next mayor from among three sitting commissioners: Len Kreger, Vice Mayor Robin Lentz and Roy Smith.
Alvin’s Island
City commissioners quickly approved a settlement of the city’s lawsuit against Alvin’s Island, a Sadler Road retail business that has been operating in violation of city codes and ordinances. The city filed this action when the company failed to pay the required business tax and obtain a Local Business Tax Receipt (LBTR), violated the City’s sign code ordinance and failed to pay associated code enforcement fines and fees.
City Attorney Tammi Bach explained that the city had tried to work with the business over the years to bring them into compliance. However, all efforts were unsuccessful as fines were levied and liens continued to mount on the property totaling about $90,000. Finally in June 2016 the FBCC authorized Bach to file suit. Bach reported that within two days of filing, the company attorney contacted her about a settlement. She added that the sign is down and improvements required by the city’s Building Official have almost been completed.
Under the settlement, the business will come into compliance and provide a cash settlement of $50,000 to the city.
Matthew follow up and dealing with FEMA
While commissioners expressed sorrow over the current state of the city marina following Hurricane Matthew, they were not receptive to moving forward with temporary repairs that could jeopardize FEMA’s 80 percent funding match. Local citizen Lynn Williams expressed his opinion that with $10,000, the marina could make some temporary repairs that would allow it to resume many operations. He suggested that some of the money might be obtained from FIND. Commissioners were not persuaded.
Later in the meeting Commissioner Roy Smith reported that he visits the marina almost daily and has been impressed with the excellent job being done by Marina Manager Joe Springer under difficult conditions. He said that all the boats that had slips before the storm still have slips. “The problem with the boat ramp,” he said, “is that we don’t have the adjoining dock in place to allow people to safely board the boats. But I think Joe has done an excellent job. I’ve been there when people have really talked badly to him. I told one person, ‘Listen, if you had to put up with everything this guy has since the storm happened, I doubt if you would talk as politely as this guy has.’ People get nasty over there.” Smith acknowledged problems expressed by the charter boat captains but added, “There is another boat ramp in town.” He said he wants things fixed as soon as possible without jeopardizing funding.
Commissioner Len Kreger also commented on the destruction in other Northeast Florida communities such as St. Augustine and Flagler Beach, where damage to homes and major roads is common. He suggested that while waiting for repairs is not desirable, it is understandable when looking at the priorities of the entire region.
The FBCC followed the Nassau County Board of County Commissioners in approving an Interlocal Contract with the Houston-Galveston Area Council (HGAC) to help the city prepare the required FEMA Public Assistance reporting. Under this agreement, the Fire Chief, Controller, City Manager and City Attorney will select a firm from qualified responders. Awarding the contract will require FBCC approval.
FBCC to discuss “Digital Dispatch Services” at November 15 meeting
City Attorney Bach reported that she has been fielding many calls regarding the city’s policy on services such as Uber and Lyft, generally grouped as “Digital Dispatch Services (DDS).” She said that at the November 15 Regular Meeting, the item will appear for discussion so that city staff can take FBCC direction to develop a position and any required ordinance changes. She asked commissioners to think about whether they want to see such services covered under the city’s permitting rules for taxis.
“They would not meet the same requirements as taxis,” Bach explained, “because individual DDS drivers do not get their own insurance. Rather they are covered under a $5M company auto liability insurance policy.”
In comparing city requirements to those of Uber, Bach reported that whereas the city requires a Florida background check, Uber requires a national check. She said that Uber’s vehicle inspection check goes beyond city requirements as well. She added that Uber will not permit a driver to use a car more than 10 years old.
Bach said that in Florida, cities and counties have been successful in banning DDS operations. While there has been talk abut action at the state level, to date there has been none. “You have the option,” she told commissioners, “to say ‘no Uber.’ We do have 24 individuals or companies that are operating vehicles for hire in the city today under our existing ordinances.” She said that some Florida cities, e.g. Jacksonville, allow DDS services to operate.
Bach further explained that with Uber, 20 percent of each fare is paid to Uber to cover insurance, etc., while 80 percent goes to the driver.
Commissioner Len Kreger asked if Police Chief Hurley had an opinion on the matter. Hurley said that the biggest problem is determining whether the drivers are permitted or not.
Bach in response to a question said that the discussion at the November 15 meeting will be open to the public. She asked commissioners to direct questions to her in advance of the meeting to help prepare for a productive discussion. Should the FBCC decide to approve DDS drivers, the ordinance changes would not become effective until early 2017.
Board Appointment
The FBCC approved the appointment of Marsha Joyner to serve as the Amelia Island Chamber Music Festival’s representative on Arts and Culture Nassau. Joyner’s 3-year term will expire in December 2019.
City Commission Visioning Session – December 14
City Commissioners and senior city staff will spend December 14 drawing up priorities and plans for 2017 in an all day workshop session at the Municipal Golf Course Clubhouse. One topic of discussion will be the FDOT recommendations for traffic patterns vis-a-vis the railroad crossings at the foot of Centre Street. The all day session will be open to the public.
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.