Submitted by Suanne Z. Thamm
Reporter-News Analyst
The Fernandina Beach City Commission (FBCC) kicked off the merry month of May on Tuesday, May 7, at 6:00 p.m. in a comfortably full commission chamber with a meeting that lasted more than 3.5 hours. Neither Robert’s Rules nor Emily Post appeared to govern commissioners or the audience during the meeting that included Vice Mayor Charlie Corbett’s harsh and repetitive questioning of a citizen during a discussion of a proposed annexation and a member of the public using profanity in addressing the commission during a late discussion on appointing a City Clerk Pro Tem. In neither case did Mayor Sarah Pelican gavel the speakers out of order. The 3-minute rule for speakers was not uniformly applied or enforced. During some portions of the meeting the audience shouted comments from their seats and applauded speakers they supported. Despite an ambitious agenda, the FBCC seemed comfortable devoting significant time to what seemed an interminable discussion over who can call a special meeting of a city advisory board, an item that has come up only once in the collective memory of both commissioners and staff.
Golf course update
Citizen Tommy Shave delivered his first monthly report on golf course conditions. He reported a summary of findings based on a scale of 1 (low) to 10 (high) from assessments made by individuals serving on his fact finding committee, all of whom golf regularly at the city course and who are members of the Men’s and Women’s Golf Associations. The overall rating is currently 4, but Shave noted some improvement over the past month. His committee members rated tees and tee boxes, fairways, roughs, greens, and sand traps. He also noted worn out or improperly set cups, uncontrolled cart traffic that damages the grass and lots of areas with piles of trash.
Following the Golf Course Advisory Board report and the FBCC involvement, Shave has noticed more actions happening for the best: sodding, more sand being added to the traps and roped areas to restrict golf cart damage. Five sand traps have been fixed, leaving 45 more to be repaired.
He said that the bad news is that a lot of this work could have been done earlier. But, he said, “If effort is put forth, maybe we have a chance to get [the course] where it should be.” He thanked the FBCC for their concern and said that he would be providing updated reports every 30 days.
Street musicians
Those expecting some commission action on proposed ordinance changes to restrict street performers found that the item would not be acted upon because it had not been properly advertised. Second reading of the ordinance has now been rescheduled for the June 4, 2013 meeting. Four people who wanted to address the issue were allowed to do so under Agenda Item 6, public input.
Julie Ferreira, representing the Concerned Friends of Fernandina, asked the FBCC to research the matter further, claiming that court cases she has found uphold street performers under free speech provisions and do not hold that such performers are threats to public safety. She cited the city of Amherst, MA, as a community that has encouraged street musicians to perform in their Business Improvement District. In response to a question from Commissioner Arlene Filkoff, she expressed a willingness to work with the Historic Fernandina Business Association (HFBA) to help resolve complaints involving street musicians and Centre Street businesses.
Joan Bean, local business owner and street music proponent, suggested that the city look toward Savannah as a model. She claimed that Fernandina Beach levies unreasonable requirements in permit costs and insurance for street performers, in addition to only issuing permits during one month of the year. “I feel strongly about musicians,” she said. “They are a special breed. Let’s do better for the musicians.”
Chuck Hall, downtown business owner and musician, asked the audience and the FBCC to recall 3 years ago when there was a system in place to manage musicians on Centre Street. With the economic downturn the system failed, because the musicians weren’t making any money. He said, “We don’t need a bunch of regulations; we need management. We need someone to take control of this monster before it becomes a St. Augustine of several years ago.” Commissioner Filkoff replied, “I’d love to see a workable plan set before us.”
Commissioner Pat Gass weighed in saying, “There has been a very large misunderstanding. This ordinance began because members of the downtown merchants association went to the City Attorney with complaints about musicians playing in the pocket parks. Did we not get the cart before the horse? Isn’t the way it’s supposed to work that the citizens and the business association come before the commission, state their disconcert and then we [the commission] ask the City Attorney to draw up an ordinance because we think this needs to be fixed? In this case we are just following the process through… It’s not like the five of us are against downtown musicians. We didn’t start this.” Commissioner Ed Boner advised Hall to work with the HFBA, saying, “We want to make everyone happy, we don’t want to make people unhappy.” City Attorney Tammi Bach explained that there are legal consequences to the city’s sanctioning an outside group to monitor or manage the musicians.
Robert Momorella, a local musician, said that he was not happy with the original ordinance, but supported 100% everything said by previous speakers. He said he would reserve further comments for the June 4 hearing on the ordinance.
July 4th Fireworks
Amelia Hart, representing the Amelia Island Fernandina Beach Yulee Chamber of Commerce, presented the city with a check in the amount of $7,800 toward the 2013 July 4th fireworks celebration. The amount represents the remainder of money the Chamber collected from public contributions for 2012 fireworks. The HFBA is taking over from the Chamber this year and will need to raise an additional $6,000 to pay for the 2013 celebration, according to City Manager Joe Gerrity. Fundraising events are currently being planned.
Impact fee blues
Ms. Janet Miller complained to the FBCC that she was being asked to pay $7,029.36 in impact fees to open a hair salon in a space formerly occupied by a hair salon at 106 S. 14th Street. After researching the history of the property she determined that the shopping center owner had paid impact fees during a renovation. She claimed that records for impact fees were not located in one place, and questioned whether fees could be assessed retroactively. She asked a series of questions relating to the fees and said that she was told that a payment plan could not be set up for her. She said city staff implied that if she asked questions, “they will make it difficult for us.” City Manager Gerrity replied, “We will handle this internally.”
Amelia Island Trail
Local resident Mike Pikula, representing the Friends of the Amelia Island Trail, informed the FBCC that the Florida Department of Transportation has officially accepted the latest 6.2 mile stretch of the trail from the contractor. By next year, 15 miles of trails will have been built. He invited the FBCC and the public to a celebration of the trail to be held at 8:30 a.m. on Saturday, May 11, in the Peter’s Point Park. The Friends organization is raising funds to add amenities to the trail and help with maintenance. Pikula said, “The trail is the best public access since the beach accesses opened.”
Beach Renourishment
With unanimous votes the FBCC approved two resolutions advancing the beach renourishment project. Resolution 2013-66 authorized Grant Agreement 13NAI with the Florida Department of Environmental Protection for the Nassau County Shore Protection Project. Resolution 2013-67 approved Task Order #2013-01 with Olsen Associates, Inc. for year 5 of the Physical Monitoring Plan. City Manager Gerrity said that Nassau County District 1 Commissioner and Board Chair Danny Leeper has said that the county will partner with the city in this endeavor. Project consultant Eric Olsen reminded the FBCC that the state pays 46.44% of the cost not borne by the Federal government, leaving the remainder for local cost share. The amount includes the money that must be repaid as a result of the Corps of Engineers audit (see earlier FernandinaObserver article).
Olsen in response to a question replied that in theory the county and the city split that portion of the cost not funded by federal and state money. Gerrity said that is not clear at this time, and that the county might decide to cover its share with Tourism Development Council (TDC) money (bed tax). In communication with Nassau County Administrator Ted Selby, Gerrity asked for a 3-way split of the funding to include funds from the city, the county and the TDC. Olsen added that time is of the essence.
Olsen also added that during the discussions regarding the earlier beach construction project, state concerns were raised regarding beach parking at Sadler Road. A panel member said at that time that they would not issue the first renourishment permit unless such parking was eliminated. Olsen said the concern relates to sea turtle nesting. It remains to be seen if the state still maintains that position.
Rules of procedure for calling special meetings of city advisory boards
Apparently prompted by the Mayor’s unhappiness over failure to be notified over Commissioner Filkoff’s calling a special meeting of the Golf Course Advisory Board, the FBCC spent a half-hour trying to set up a procedure to ensure that this never happens again. City Charter language provides a process for calling for a special meeting of the FBCC, but remains silent on commissioners’ calling for special meetings of advisory boards. Mayor Pelican said that while she did not question the integrity of current commissioners, looking down the road she believed, “We need to have rules.” Commissioner Filkoff replied, “I had no evil intent in calling that meeting. Can [the problem] just be handled procedurally?”
All the commissioners, the City Attorney, the City Manager, and the Deputy City Clerk weighed in on the problem and the best way to solve it. Mayor Pelican allowed that she had come up with language following discussion with the City Attorney, and that while it might be overkill, “an ounce of prevention …” Citing concerns over sunshine law issues, Commissioner Boner said that he didn’t mind if only one commissioner called such a meeting, as long as he was informed about it. City Manager Gerrity reminded the FBCC that through the Charter, he has the right to call these meetings. He suggested that calling such meetings could be done via his office, but that the proposed change did not lay out a process. Vice Mayor Charlie Corbett said, “We need a process.”
Both Filkoff and Corbett had attended the meeting in question, and that meeting had been properly advertised. Deputy Clerk Kim Briley apologized for not having called each commissioner and provided personal notification. Commissioner Filkoff said that Briley had no need to apologize, since no procedure was in place and nothing had been violated. Finally the FBCC agreed to language that stated: A City Commissioner through the City Manager may call a special meeting of any committee or board.
Proposed voluntary annexation of Nectarine Street properties
At 8:00 p..m the FBCC took up three ordinances calling for the voluntary annexation of four Nectarine Street properties (1463, 1601, 1603 and 1620), changing the Nassau County Future Land Use Map (FLUM) to assign city categories, and assigning city zoning categories to the properties. Local attorney Harrison Poole represented the 80 condo owners in the Palms at Amelia, located at 1601 Nectarine Street. Many of the property owners were in attendance. Poole claimed that there were four legal arguments against the proposed annexation, and that it could hardly be called “voluntary” since all the condo owners opposed it.
Barbara Ehrenberg, a condo owner, told commissioners that when the property was an apartment house, the owner had put little money into it. It was not until the condo owners took it over that improvements were made to both buildings and grounds. She claimed that the proposed annexation would adversely impact the condo owners because it would subject them to more impact fees for improvements, result in higher taxes, and bring unhappy people into the city.
John Hill, president of the Palms at Amelia Homeowners Association, spoke to the city’s failure to record an annexation agreement, meaning that property owners had never been given notice that such action might occur. He stated his belief that the annexation agreement was invalid because it had not been properly executed and that the statute of limitations had run out. He emphasized that the property owners are intent about fighting such action legally. “Our resolve is to move forward,” he said.
An apparently aggravated Vice Mayor Charlie Corbett began rattling off a series of questions and charges, at one point saying, “It sounds like you want free fire and police.” He asked whether the owners were prepared to have their services cut off if the action did not go through. City Manager Gerrity quickly interrupted, advising that the city could not cut off such services. Hill said, “We contend that there is not a voluntary annexation agreement in place.” Corbett shot back, “You say you don’t like it, we say it’s part of the deal.” Several other exchanges took place between Corbett and Hill, basically covering the same points.
City Attorney Tammi Bach entered the discussion and said, “This is not a regular law suit.” A judge would need to determine the injury of the action, if any, she claimed. She cautioned the FBCC about getting too far into the issues, since they are grounds for litigation. She said that the decision before the FBCC is whether to take on the risk of legal action by approving the ordinance or not to approve the item. She added that the city’s policy is to enforce voluntary annexation agreements when the properties become contiguous to the city. She said, “We [the city] can’t violate our own ordinance.”
Attorney Poole added that the injury that would be sustained would be higher taxes (approximately $300-400 per unit per year) and being subject to city impact fees.
Finally, after more than 30 minutes, the FBCC approved all three ordinances unanimously on first reading.
Appointment of City Clerk Pro Tem
City Attorney Bach recommended to the FBCC that should they decide to move on this item, employment be done via a contract, as has been the case with former clerks, specifying salary, benefits, etc. At the previous meeting, Mayor Pelican had suggested senior city planner Jennifer Gooding for this position. When no commissioner suggested additional candidates for the position, Commissioner Gass advanced a motion to appoint Jennifer Gooding, at a 6% pay raise above her current position, and to allow her to apply for the permanent position of City Clerk, “until such time that the FBCC decides what to do about hiring a full time city clerk and do a contract at that time.” Vice Mayor Corbett jumped in adding that this would also hinge on the budget. He later seconded the motion. Commissioner Filkoff agreed on timing with the budget, and raised the question to City Manager Gerrity of what impact this appointment would have on the ability of the city to get its work done.
Gerrity said that since he had just eliminated one planner position and another planner is scheduled for extended leave in the fall, such action would leave him with no planners. It would not be cost effective or efficient to hire a temporary planner for just a few months. He also expressed concerns over how fair such an action would be to Ms. Gooding, whom he characterized as an excellent employee: whether she would have a job to fall back on if she were not selected for the permanent position or if she withdrew from consideration, whether she would be required to continue her work as a planner. He said that he could not afford to hold her position open until the FBCC decides what to do about filling the Clerk position on a permanent basis. Attorney Bach interjected with concerns regarding contract, budget and the legal issue of having a salaried city employee assuming the duties of a Charter Officer while still encumbering an employee slot. Deputy Manager Marshall McCrary spoke to efforts to wind up Gooding’s current involvement on a block grant, but said that if Gooding were to leave planning, there would be an undue burden placed on the lone remaining planner. Gerrity added, “That’s my side of it.” Gerrity said that he did not want to stand in Gooding’s way to advance, but he needed to consider operational implications for planning.
Commissioner Filkoff asked if there was any merit in just leaving things as they are until the budget picture becomes clearer. “Otherwise,” she said, “we’re just stabbing in the dark as to what the situation will be.” Mayor Pelican said that it was her feeling that several things went by the wayside because the clerk’s office is not fully staffed and cited the problem over the failure to notice the street musician ordinance. Filkoff replied that things like that have happened in the past also and often relate to the size of the agenda. She said the FBCC has other internal applicants and “we are plucking from a department that is already depleted.” She suggested that the commission look at a transition plan before approving this motion.
Gerrity took care to distance himself from the commission decision, saying, “This is your decision.” Corbett suggested that the situation remain as it is until Gerrity can find a substitute planner. Attorney Bach entered into discussion with commissioners over having Gooding leave her current city position and enter into the Pro Tem position with a contract. In response to questions from Commissioner Gass, Bach replied that Gooding would not have a right to return to her former position under such a scenario, but would need to apply for the job if it became open. Mayor Pelican reaffirmed that Bach had addressed these matters with Gooding. Bach said she had and that Gooding understood and agreed to the conditions.
Bach suggested that the FBCC decide on the person they wanted to appoint and agree to some parameters regarding salary and benefits, leaving approval of a contract to a subsequent meeting. Gerrity seemed exasperated at the position that such commission action would leave him in. Mayor Pelican echoed Vice Mayor Corbett’s desire to get on with the vote before spending more time on various scenarios. Bach raised legal arguments about the best manner to accomplish the action, and an exasperated City Manager said, “It is the City Commission’s decision. I’m not going to fill the [planner] job [on a temporary basis].” Gerrity said it was not fair to Gooding to expect her to do her old job in her new position. He said that the appointment should not just be viewed from a budgetary position. Mayor Pelican quickly reminded him, “But that’s how we got here.” He said, “I know, but now we’ve had time to think about it.” Corbett said, “Well, why don’t we just make her [Gooding] permanent? Will that make you happy?” Boner said, “If you are making this a permanent selection, you need to go back to the entire applicant pool.” Deputy Manager McCrary reminded the commissioners that serious questions and problems remain, if this motion is passed, concerning the permanent clerk position, the planner position and the ability of the city to get its work done.
After several attempts to catch Mayor Pelican’s eye, former City Commissioner Dale Deas was finally recognized, and he addressed the commission. He claimed to represent the silent majority that the clerk works for: the public. He said that the City Clerk works for the City Commission and “The City Attorney don’t have a damn thing to do with it. The City Manager don’t have a damn thing to do with it. I don’t even know why they are making comments. You need a people person that the people can get answers from. People are scared of Joe, and they ain’t got balls enough to speak to the attorney.”
He continued saying, “Looks suspicious to me that this girl [Gooding] spoke to Tammi last week.” Mayor Pelican informed Mr. Deas that she had asked the city attorney to speak with Gooding since she, Pelican, was going out of town. Deas replied, “I knew I smelled Bull Durham smoke and wanted to know where it was coming from.”
He told the commissioners, “This all started in January. I appreciate every one of y’all. You can be a team. You don’t have to hire nobody to replace her [Deputy Clerk Kim Briley, who has been acting as clerk]. It would save the citizens money. Not a tarnish on her record. I’m disappointed that it’s taken 5 months to do something that should have taken 30 minutes. This is all bullshit. You can’t keep arguing about it. You have to act.”
At the conclusion of Deas’ remarks Mayor Pelican called the question. The original motion passed on a unanimous vote, with Commissioner Pat Gass adding, “If we’ve got it wrong, we’ll go back and fix it.”
Throughout the entire 45-minute discussion, Deputy Clerk Kim Briley, also an applicant for the permanent position, was left in place to listen and record the discussion. Jennifer Gooding did not attend the meeting.
Other business
• Commissioners applauded city staff for the work done to support Shrimp Fest 2013 and noted the exceptional clean up work that allowed Centre Street to return to normal first thing Monday morning.
• Manager Gerrity announced that library construction bids are due the end of May. It is his intention to only bring the final contract proposal forward for FBCC consideration. The FBCC voiced no objections.
• Manager Gerrity sought guidance from the FBCC on whether to send out letters inviting local non-profits to apply for FY2013-14 city grants, when the budget appears so unfavorable at this time. It was the consensus of the FBCC to do so, but to advise in the cover letter that there are no guarantees that any money will be available.
• Manager Gerrity reported that during the last 6 months, the city has experienced no lost time due to accidents.
• Vice Mayor Corbett opined that the beer tent worked well at Shrimp Fest; he saw no inebriated people on the streets.
• Commissioner Filkoff asked that the City Attorney resume work on a Code of Ethics for City Commissioners. She reported that many Florida cities have such codes in their Charters. Currently, city employees have a code of ethics, but while commissioners are covered by ethics requirements under state law, the city has no such official code for commissioners. Commissioner Gass supported this action and other commissioners did not disagree.
• Mayor Pelican reported that Amelia Island has been named 6th in a Parents Magazine ranking of family friendly beaches. At the Mayor’s request, planner Kelly Gibson reported that Amelia Island has been named a Bronze Community for being bicycle friendly. Only 9 other communities have this designation.
The meeting adjourned at 9:37 p.m.
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.
May 9, 2013 3:15 p.m.