FBCC tackles trees and taxes

Submitted by Suanne Z. Thamm
Reporter – News Analyst
December 17, 2015 12:02 p.m.strong>

The newly-installed Fernandina Beach City Commission (FBCC) wasted no time in tackling business at its first Regular Meeting on December 15, 2015. During the 2.5-hour meeting, commissioners, the City Manager and the public started to become familiar with their two, newest commissioners: Len Kreger and Roy Smith. Newly appointed Mayor Johnny Miller quickly adapted to his leadership position, running his first meeting with the confidence of a seasoned veteran.

This was the last regular meeting of the calendar year, although City Attorney Tammi Bach has called an Executive Session to discuss the Robin Marley lawsuit on December 29. Should action on creating a Municipal Service Taxing Unit (MSTU) be required following a meeting of the Nassau County Board of County Commissioners scheduled for December 28, the city might call a special meeting before the end of the year. Commissioners sent wishes for happy holidays to city staff and city residents.

Two issues dominated commission discussion: proposed code changes dealing with tree and landscape protection (vote postponed to January 19, 2016) and creation of a special taxing district to fund future beach renourishment (unanimously approved on second reading).

New commissioners

Commissioner Len Kreger pulled an item from the Consent Agenda for discussion. The item (Resolution 2015-172) approved the purchase and installation of replacement windows for the Peck Center. The Resolution called for the sole source purchase of these windows from RPM Lumber and sole source installation by Florida Restoration and Construction for Phase 3 of the multi-year project. Kreger pulled the item in order to register his displeasure with sole source purchasing as a general policy. He expressed a preference for seeing projects sent out to bid in the future. He did not object to this particular project, since it is well underway. He made the motion to approve the item, which passed unanimously.

A brief discussion ensued between Utilities Department Director John Mandrick and Commissioner Tim Poynter over two requests for temporary staffing in the Water and Wastewater Departments. Poynter said that every year Mandrick appears before the FBCC with the same requests. Poynter asked, “What’s the solution [to the staffing problem]?” Mandrick cited pay levels, certification requirements and the expense of living on the island as factors that make it difficult to retain qualified laborers.

Commissioner Roy Smith questioned two resolutions requesting temporary staffing for the Utilities Department. “John,” he asked Mandrick, “do we need more people because we are self-performing work like that in Old Town?” The Utilities Department is working on a major sewer upgrade for that community. Mandrick answered in the affirmative, adding that new development brings new demands for his staff. The city charges private developers to do the work because the Utilities Department is required to make money as an enterprise fund.   He also claimed that the city could do the work more cheaply than a contractor.

Smith took issue with that statement, claiming that in his prior life as a contractor, “I never found that the government could do it cheaper than a contractor. I think we need to look at some of this work, especially the bigger projects.” Smith suggested that the city should explore contracting out work for big projects that go beyond routine departmental work. By doing this, the city would be able to maintain steady staffing levels and not be required to bring in temporary help. Mandrick argued that taking on the bigger projects helped increase the skill level of his staff, but he agreed that there was a limit to that and a price to be paid for training. Although both Mandrick’s requests were approved unanimously, commissioners appeared interested in further exploring contracting out non-routine Utilities Department work.

Tree Protection and Landscape Requirements

Commissioners were asked to approve on first reading Ordinance 2015-36 amending the Land Development Code specific to tree protection and landscape requirements. Senior Planner Kelly Gibson explained that the most recent version of the city’s tree protection ordinance has been in place since 2006. In 2014 the city convened a working group to review the ordinance as part of efforts to implement Comprehensive Plan goals into the Land Development Code and to address issues identified over the past 8 years in working with the ordinance. The working group found that the ordinance was working fairly well and is achieving the community’s desired goals for retention of a healthy native canopy throughout the city.

However, the Planning Advisory Board (PAB) last year directed staff to consider the impacts of proposed amendments on non-residential properties. After consulting with a local architect and an engineer staff found that the 2014 proposed revisions would create a hardship for commercially zoned vacant property. Staff revised proposed amendments, recommending that existing requirements remain in place and drafter a program to encourage retention of the healthiest and largest trees on site.

In October 2015, the PAB added recommendations that went beyond those proposed by staff and not contemplated as part of the ordinance review process. The PAB voted 4-3 to eliminate the exemption for the mill sites. Gibson said that staff continues to support its original proposal, which provides exemptions for the mills to allow for more time to fully consider alternative options.

Speakers representing the mills and industrial-zoned parcels spoke against removing the exemption for the mills. Robin Mock, Rayonier Advanced Materials Safety Manager at the Fernandina plant, explained that the mills need open space and high visibility to maintain safety for employees and avoid accidents.

Colin Campbell, representing WestRock, echoed Rayonier concerns over the need to maintain obstacle-free operating areas at their mill. He said, “The overall intent of the landscape ordinance is to make things better looking. When you think of our facility, we are dealing with 200+ acres.” He said that so many of their buildings are contained deep within their property that the addition of landscaping would not affect the public view. He said that WestRock would have to landscape or buffer more than 2 miles of border separating them from neighboring property with different zoning. He said WestRock would be looking at planting something like 6,000 trees to conform to the ordinance change. “That number is astronomical,” he said, “and would not be conducive to us working.” Campbell recounted efforts to protect trees that exist on WestRock property.

Rayonier Representative Russell Schweiss cited legal problems with dropping the mill exemption from the ordinance. He suggested that issues raised by the PAB—uniformity and conformance with the Comprehensive Plan—could be addressed while maintaining the exemption and promoting safe mill operation. “We’ve had more engagement with the City Commission over the past year and a half than we have in the past 20 years. We love you all,” Schweiss said, joking and complimenting the commissioners on their “spiffy” appearance, “but we would appreciate it if we could address this without being on a continuous hamster wheel.” He asked that commissioners consider Rayonier’s input and not send the item back to the PAB for additional deliberation.

Shannon O’Conner, owner of industrial park property immediately south of the municipal airport, supported Rayonier’s suggestion to include all industrial-zoned property in the exemption. This suggestion would also exempt his property. He said that he intends to maintain trees on his property, but appreciates being treated the same as the adjoining airport property.

Jo-Ann Leimberg of the Amelia Tree Conservancy (ATC) expressed her organization’s support for and appreciation of staff’s work to improve the tree ordinance. She said that in addition to updating the ordinance, the revisions clarify requirements for property owners and businesses. Leimberg expressed a desire to go further in working to preserve the island’s tree canopy, a feature that makes the island unique in Florida. She asked that the commissioners approve a resolution directing city staff to work with the ATC to create an island tree commission to assist in this regard. She said that the PAB has expressed support for this idea. At the end of the FBCC meeting, Vice Mayor Lentz asked that this item be returned for action.

City Attorney Tammi Bach said that she supported changes suggested by Rayonier to apply the exemption to all property in the same industrial zoning category, thereby removing the names of the mills from the ordinance. Gibson also agreed with the changes. Bach said that in agreeing to plant buffers, the mills would consider bushes, but not trees.

Vice Mayor Robin Lentz said that while she was sympathetic to concerns raised during public comment, she did not feel comfortable voting on changes that she had received only a few hours before the meeting. Commissioner Len Kreger, former PAB Chair, said that he preferred to see the entire ordinance sent back to the PAB along with public comments and suggested changes before any FBCC action.

Commissioner Tim Poynter disagreed with Kreger. He said that the PAB has provided its input to the FBCC and now the commission has received additional input from mill and industrial property representatives.

Vice Mayor Lentz moved to postpone consideration of the ordinance to the January 19 Regular Meeting of the FBCC to allow time for staff to comment on the additional proposed changes. Poynter seconded the motion. Kreger disagreed, expressing his belief that the measure needed to be reconsidered first by the PAB, meaning that the earliest the FBCC would see the item again would be March. Kreger expressed his support for the process the city observes in considering land use changes. He opined that the PAB could modify its earlier position upon receipt of the new information. He acknowledged that the city can legally take action without additional PAB input, but he cited respect for the role of the PAB and a desire not to undermine the process. Poynter disagreed, saying that since the PAB has already voted to eliminate the exemption, he believed that the board has spoken. “What do you expect them to say?” Poynter asked Kreger, who replied, “I don’t know what they’ll say. I’ll let them say it.” Kreger added that since an alternative has been raised, he supported getting additional input from the PAB in hopes that the two sides could reconcile in an agreement that the FBCC could then support.

When the vote was taken, commissioners voted 4-1 to postpone further consideration until the January 19, 2016 FBCC meeting. Kreger, who opposed the motion, did so because the date would not allow enough time for the PAB to comment on the additional information provided by the mills.

Amelia Island Beach Renourishment Municipal Service Taxing Unit (MSTU)

(See http://fernandinaobserver.org/2015/12/03/fernandina-beach-approves-mstu-for-beach-renourishment-on-first-reading/ for background)

Two speakers—Lynn Williams and Michael Leary—voiced concerns with the ordinance because the control over money collected under this tax is exercised by Nassau County, which is governed by five commissioners only two of whose districts cover Amelia Island beaches. They expressed opinions that the language of the proposed ordinance is too broad with respect to potential uses for money collected.

Commissioner Len Kreger, who attended the meeting of the Nassau County Board of County Commissioners (BOCC) the previous evening, reported that there seemed to be confusion within the county over how much beach area would be covered in renourishment efforts funded by the new taxing unit. He suggested that since there is not an immediate need to renourish beaches and that the city has put aside enough money to fund one more beach renourishment if necessary, passage of the enabling ordinance be put off until both the city and the county can clarify details. Commissioner Roy Smith appeared to agree, stating that it needs to be made clear that money collected may only be used for actual beach renourishment. He also expressed his opinion that control over the expenditure of the funds should be the city’s, since the covered area is exclusively within city limits.

Discussion continued over language, scope and implementation as well as the potential tax rate (not covered in the proposed ordinance).

Commissioner Tim Poynter sought clarification from City Attorney Tammi Bach on how MSTU funds could be used. Bach told commissioners that there would be risks involved in joining this effort. “You are going to have to put some faith in the County Commission, because there is no other statutory tax scheme that works like this. You have to give the county that control.” She recapped her dealings with the county in drafting the ordinance, which initially was supposed to have originated with the county, since the city’s role was to consent to the county ordinance. Because that didn’t happen, Bach incorporated language provided by the county in the ordinance she drafted, including the list of activities considered part of beach renourishment efforts. She did, however, broaden the area covered to include all beaches not covered by SAISSA (South Amelia Island Shore Stabilization Agency, which renourishes the south end of Amelia Island).

Kreger said that broadened scope was an area of contention with the County, which wanted to limit the area to that specified in the 1996 Nassau County Shore Protection Agreement to the area between Fort Clinch and Sadler Road. The area between Sadler Road and SAISSA beaches is naturally renourished. Bach said she understood that and could add that language to the city ordinance.

Bach said that the city could consider capping the tax rate, if they desired. It is currently proposed at .1267 mills. She said that the county, unlike the city, does not require two readings of an ordinance prior to passage. The county has scheduled their hearing of the MSTU ordinance for December 28. Vice Mayor Lentz said that she felt uncomfortable listening to hearsay reports about the county’s position without seeing something in writing from the county. She asked Bach if she felt comfortable with the city ordinance as written.

Bach replied that she felt comfortable because of a caveat that allows the city to revoke its consent before December 31 of any given year. Bach in response to a concern raised by Poynter affirmed that the county had not added any activities to the list of those that could be performed with MSTU funds. That list, which includes beach renourishment, restoration, erosion control, storm protection and other related services, came from the consultant who presented the concept to both the city and the county.

Tourist Development Council Executive Director Gil Langley, who had attended the BOCC meeting during which the MSTU was discussed, responded to the FBCC request to help clarify. Langley said that BOCC discussion centered on the amount of money needed for a beach renourishment effort, which amounted to around $1.6M in the past. He said that he understood that the BOCC wants to put the mechanism in place by the end of 2015 so that collection of funds can begin in 2017. He added that the MSTU would be about 5 years out from having enough money in the fund to actually pay for a beach renourishment. He said that the list of activities that can be funded under the MSTU was taken directly from contract language between the city and the Corps of Engineers.

Langley said it is anticipated that the TDC will continue to pay for beach maintenance and clean up activities. The TDC covers 100 percent of these costs for the area between the southern border of Fort Clinch and the northern border of the state park at the southern tip of Amelia Island. He said that with the MSTU the county intends to pay for beach monitoring and would build a reserve to cover catastrophic storm damage. He reminded the FBCC that if they chose to pass the ordinance, they still have the option to pull out by the end of the year, if BOCC action on December 28 causes concerns.

Poynter thanked Langley and reminded commissioners that currently the city is paying its half of the local cost share, while the TDC is funding the county’s share of beach monitoring. Creation of the MSTU would shift part of the cost burden to island residents who are not city residents, thereby providing some relief to city taxpayers. Poynter moved to approve the ordinance with the addition of language limiting the area targeted for renourishment to the area between Fort Clinch and Sadler Road as specified in the 1996 agreement, saying that he would hate to see this effort delayed until 2018. Lentz seconded the motion.

Kreger continued discussion with Langley, suggesting that the BOCC’s concern was “taking the heat for the sand tax,” and how big the signs should be. The motion passed unanimously.

Attorney Bach asked commissioners to be available for a special meeting, if necessary, following BOCC action on the ordinance at their meeting on December 28.

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.