Submitted by Suanne Z. Thamm
Reporter – News Analyst
The mood in the Fernandina Beach City Commission (FBCC) meeting chamber was subdued as Mayor Sarah Pelican gaveled to order the FBCC’s first regular November meeting at 6:00 p.m. on Wednesday, November 6, 2013. The meeting was moved from its usual Tuesday to the following day because of Tuesday’s city elections and additional duties that required the participation of commissioners at the Supervisor of Elections’ Office during what would have been the regular meeting time.
The commissioners passed all business items via unanimous votes, including one consent agenda item, 8 resolutions, 6 ordinances (3 on first reading and 3 on second reading). They also made one board appointment. The FBCC did not address election results or the runoff election. Only Commissioner Filkoff offered congratulations to Commissioner Ed Boner on winning the straw poll for mayor; she was also the only commissioner to thank and congratulate candidates who ran for her seat, which she will vacate on December 17, 2013. Nor did the FBCC add the county-approved interlocal agreement to expand the existing library facility to the evening’s agenda.
Request from the Public to be heard
City resident Tony Crawford asked the FBCC for an update on an idea that he had brought before them earlier to raise $400K per year for beach renourishment by adding a one-dollar tax to each hotel room night. He said that he had “taken it to Tallahassee” as the commission had advised by contacting State Representative Janet Adkins, who advised that she needed city support to move forward. Since the FBCC had also indicated that they would contact Adkins, Crawford was surprised to learn that Adkins “was in the dark” about the matter, claiming that no city representative had spoken with her. Commissioner Gass said that she had spoken with Adkins, who was “discouraging.” Commissioners informed Crawford that such action would require a special act of the state legislature, which he said he understood. City Manager Joe Gerrity said that he would speak with Adkins about the issue by the end of the week.
Resolutions
The FBCC moved quickly through several routine, end-of-year resolutions authorizing budget transfers within various city funds. Commissioner Pat Gass expressed a concern that the city needs to improve the way it budgets. She questioned the need to move funds from one sub element to another sub element within a particular fund. She claimed that in preparing the next year’s budget, the city works off the previous budget, as opposed to the actual expenditures. “It seems like we could tighten it up a bit,” she said. City Manager Gerrity replied that the city is trying to fine-tune the budget every year and works off many numbers, including history over recent years. Commissioner Arlene Filkoff said that the city would not have clean audits “if we were playing a shell game.” Gass said, “I don’t think we are playing a shell game.” Gerrity explained that in some communities such level of detail is not even brought before the commission for action, but out of a desire to be completely transparent, he has decided to proceed in the current manner. He added that the city’s comptroller, Patti Clifford, also endorses the current process.
Gass also brought up her concerns about the city’s insurance in connection with Resolution 2013-152 that requested approval of a settlement agreement with the city’s insurer regarding the insurance claim made by the city for defense cost reimbursement in the impact fee lawsuit. Initially the city’s insurer (PGIT) had denied to pay approximately $90K in associated litigation fees. The city retained outside counsel at a cost of approximately $7,000 to sue PGIT and reached a settlement agreement of $42,500, roughly half of the amount denied. Gass indicated that she would like the city to become self-insured. Commissioner Ed Boner asked if there were a small municipality insurance pool in the state that the city might join. City Manager Gerrity replied that only two insurance firms in the state insure municipalities. He agreed to explore Gass’ concern.
Ordinances – First Reading
The city proposed a code amendment as Ordinance 2013-34 to define the term “seat” in regard to sewer impact fees and water capacity fees charged to food service businesses. City Attorney Tammi Bach cited problems in interpretation of what is currently a vague term among various city departments. The proposed definition reads:
“Seat is defined in the Food operation section as any chair, bench or stool provided by the business, whether on or off premises, where patrons of the business consume food or beverages sold by the food service operation. Every 24 linear inches of a bench is considered a seat.”
Gass immediately raised concerns that infant highchairs and stacking chairs be specifically eliminated by the definition. Boner asked about the meaning of “off premises.” Bach replied that the term applies where food operations have permits to set up tables, chairs and/or benches in city right-of-way.
Gerrity stressed that the adding of this definition was meant to be proactive, not retroactive. As far as he is concerned, the “chair census” that was conducted several years ago will not be revisited. Filkoff pressed on, verifying that current restaurants are operating under an honor system and the new definition would only apply to new restaurants or food operations. She asked if the definition only applies to permanent seating.
Deputy City Manager Marshall McCrary said that the term applies to seating for “recurring daily service use.” Filkoff questioned if the definition supplanted other standards used to determine fees, such as determining whether or not table service was provided to the seating area. McCrary indicated that table service would not be a factor with the addition of the definition. Filkoff asked for “the driving force” behind the change. She was assured that it was not punitive against business, but to resolve confusion among city staff.
Gass asked that the term “daily use” be inserted in the definition along with an exclusion of highchairs.
Ordinance 2013-35 would amend the Code of Ordinances by adding the requirement for voluntary annexation as part of the application for water service for properties outside the City limits. City Attorney Bach told commissioners that the ordinance mimics the same requirements for provision of city sewer service. Boner received assurances that it would not affect any current water customers outside city limits.
Ordinance 2013-36, the final ordinance approved on first reading, proposed creation of a new section of the code to prohibit possession, sale, distribution and display of synthetic drugs and drug paraphernalia. This item was championed by Commissioner Ed Boner after he discovered that some convenience stores within the city were selling these items designed to be attractive to children and that the police had no authority to stop the activity. Boner worked with the city attorney to draft the ordinance, modeled after one in Pasco County that has withstood court challenge. Boner said that by giving the police another tool, the city would be better able to keep such merchandise out of the city and away from children. He said that he had looked for civil, not criminal, penalties to discourage potential vendors.
Commissioner Gass seemed skeptical. She questioned why this was a matter for the city as opposed to the county or the state. Bach and Boner explained that the process used by the state to add products to the banned list was cumbersome, whereas this ordinance could become effective upon approval.
Fernandina Beach Police Chief James Hurley and Susan Woodford, Executive Director of the Nassau Alcohol Crime and Drug Abatement Coalition (NACDAC) came to the podium to answer questions and to expand upon the problems presented to the community by synthetic drugs. Hurley said that there are unscrupulous manufacturers who market dangerous substances in packets that mimic other products familiar to children. He added that Attorney General Pam Bondi has expressed her appreciation for this ordinance. He said that in the current environment these synthetic drugs are often sold out of a cardboard box behind a store counter, creating an atmosphere “almost like an open air drug market.” Hurley said, “We are not going to stand for that in our community.”
Woodford reported that last year there were 262 new chemicals entering the synthetic drug market. She added that the ordinance shows that our city is being proactive, not reactive, and that Hernando and Hillsborough Counties are also moving on this issue. She said that the synthetic drugs will still be available on the Internet, and that they have become more desirable to some people because they do not show up on drug tests.
Gass still had concerns as to why the state was not acting, if the problem were so significant. Both Hurley and Woodford agreed that legislation, which takes a long time to enact, generally follows problem identification and solutions that come from local jurisdictions.
Vice Mayor Charlie Corbett asked if there would be any unintended consequences of enacting such an ordinance. Chief Hurley replied, “Not that we know of.”
Ordinances – Second Reading
The FBCC amended the future land use map and changed the zoning map to assign a category of General Commercial to a 1.6-acre parcel located at 629 S. 8th Street. No one from the public spoke during the quasi-judicial hearing.
The FBCC also assigned a zoning of Medium Density Residential to a parcel totaling 5,000 square feet located at 416 Fir Street. Again, no one from the public spoke during the quasi-judicial hearing.
Board Appointment
The FBCC appointed Ronald Heymann, Jr. to a two-year position on the Board of Trustees of the Employees’ General Pension Plan. Heymann is a Chartered Financial Consultant with an MBA and a post-MBA work in finance and international business.
Reports
City Manager Gerrity asked the FBCC to amend its agreement with FDOT regarding maintenance of the landscaped islands on S. 8th Street over concerns for the safety of city staff. The FBCC agreed that he should work with FDOT to clarify and improve the current situation.
City Clerk Pro Tem Kim Briley advised commissioners that there is a vacancy on the CRA Advisory Board and sought help from them in recruiting applicants.
The only elected official to address the results of the previous day’s election, Commissioner Filkoff offered her congratulations to those candidates moving to the run-off along with appreciation to all who ran in the general election. She congratulated Commissioner Ed Boner on having won the mayoral straw poll. She expressed enthusiasm over the Nassau County Commission’s approval of the interlocal agreement to release funds for the library’s renovation and expansion. She also expressed deep appreciation to Commissioner Boner for pressing forward with an ordinance to address the growing problem of synthetic drugs. She said that because Boner has young children, he is more attuned to the dangers facing the city’s youth than the other commissioners.
Commissioner Pat Gass asked City Manager Gerrity to push citizens to take care of the city right-of-ways that border their properties.
Commissioner Ed Boner thanked commissioners for their support of his ordinance to prohibit synthetic drugs and drug paraphernalia.
Vice Mayor Charlie Corbett reminded citizens to check their smoke alarms and replace batteries with the change from Daylight Savings Time to Standard Time.
Mayor Sarah Pelican offered condolences to two families and announced that the 77th Artillery Association would next year name Fernandina Beach as the permanent location of their annual gathering.
The meeting adjourned at 7:50 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.
November 7, 2013 10:37 p.m.