Fernandina Beach City Commission meeting - Bits and pieces

Submitted by Eric Bartelt

June 18, 2015 9:02 p.m.

Other noteworthy items on the June 16th City Commission meeting agenda included discussion about hiring an executive search firm to find a replacement candidate for the City Manager's position, now that Joe Gerrity has resigned, and a proposed ballot initiative that would change the City Charter to allow four year terms for Commissioners instead of the current three year terms. There were also a couple of items of interest mentioned during the City Manager and Commissioner Reports at the end of the meeting.

Johnny Miller, file photo.

But first, at the beginning of the meeting, during the Budget Summary, Commissioner Miller mentioned he had received a phone call from Attorney Buddy Jacobs, who serves as the City's lobbyist, informing him that he, Mr. Jacobs, had spoken to someone about a program that may allow the City to acquire, through donation, the Post Office on Centre St. Miller asked the City Manager if the money that had previously been budgeted for sealing the building to prevent further decay was still in the budget. The City Manager replied there was $150,000 for the Post Office in next year's budget. This was no doubt good news for those who have long advocated saving and restoring the Centre St. Post Office.

Hiring a New City Manager

At the previous City Commission meeting, the issue of the process for hiring a new City Manager was discussed. At Tuesday's meeting the topic was again addressed, in the form of a Resolution authorizing the spending of up to $24,000 to hire Colin Baenziger & Associates to handle the search process for the City Manager position. The Baenziger firm had been mentioned by Commissioner Lentz at the previous Commission meeting, but since then questions were raised as to whether other, possibly less expensive firms should be given the opportunity to bid. Commissioner Gass said she had a proposal for $14,540, a significant savings over the Baenziger proposal. Commissioner Lentz then noted the Baenziger proposal was all-inclusive, whereas the proposal provided to Commissioner Gass was not, and that therefore the cost difference would likely be less. City Attorney Bach reminded the Commissioners that the City is required to issue a Request For Proposal (RFP) for any expense over $20,000, but that there is an exemption allowed for professional services. To use that exemption, however, she said there has to be a vote by the Commissioners of 4-1 in favor.

Commissioner Miller then proposed a different process, one that does not use a professional search firm. He referred to a situation in Coral Gables, FL where a candidate, located by a search firm the city had retained, had issues that showed up when the city did a background check. According to Miller, it became a legal issue with the city wanting their money back. A local resident, a former “headhunter”, then stepped forward and offered to assist the city with the hiring process. The city formed a committee and went through the hiring process with no cost to the city. Commissioner Miller proposed a similar process for Fernandina, seeing if there was someone local with experience to searching for candidates. He posed the question, “Aren't we smart enough to hire someone on our own?”

Commissioner Lentz responded by pointing to the potential problem of someone local being too close to the situation. She emphasized that “we need a third party professional” and that Commissioner Miller's suggestion was “absolutely the wrong thing to do.” Commissioner Poynter agreed with Lentz, saying we need someone from outside with no “axes to grind.” He did agree with Miller that the City could do its own background checks. Mayor Boner agreed with Lentz and Poynter, saying “people tend to take sides here” so we need to find a neutral party.

Commissioner Lentz made a motion to approve hiring Baenziger & Associates, with Commissioner Poynter seconding the motion. The vote was 3-2 with Miller and Gass voting against. Since the vote did not reach 4-1, it did not pass. Commissioner Gass then asked City Attorney Bach to gather proposals from other search firms and present them at the next meeting. Commissioner Poynter objected because it would mean another two weeks before a decision could be made. Commissioner Gass then proposed a special meeting, and Commissioner Poynter and the others agreed. The meeting will be held on Thursday, June 25th at 9:30 am.

Charter Amendment

At the last City Commission meeting, the Commissioners asked City Attorney Tammi Bach to prepare an Amendment to the City Charter that would:

1. Increase the terms of City Commissioners from three years to four years.

2. Hold elections every two years instead of every year.

3. Eliminate term limits for Commissioners.

4. Have the Mayor serve two year terms.

5. Establish a super-majority vote of Commissioners to terminate Charter Officers (City Manager, City Attorney, and City Clerk)

Since the Amendment would change the City Charter, it must appear on the ballot and be voted on by the electorate.

Commission Miller moved to approve the Amendment but it died for lack of a second. Commissioner Poynter then moved to approve the Amendment, but without the provision eliminating term limits. Commissioner Miller seconded the motion and the Mayor opened the floor to public comment. Andrew Curtin, citing his 30 years in Fernandina and his previous run for City Commission, spoke in favor of the Amendment (click here to see Mr. Curtin's comments).

Discussion centered on whether term limits should be retained. Commissioner Poynter was in favor of retaining term limits because after 8 years “it's time for fresh ideas.” Commissioner Lentz agreed and added that she wanted to be sure the change would not affect any of the current Commissioners, that none of their terms would be lengthened by the change. Commissioner Gass felt term limits should be eliminated, saying she thought “the people should decide,” not term limits. City Attorney Bach pointed out that the provisions of the Amendment would be listed as line items so voters could vote for or against specific provisions, such as term limits.

Next to speak was Roy G. Smith, who agreed with retaining term limits but thought the super majority to terminate Charter Officers provision was not necessary. He reasoned that whether a vote was 4-1 or 3-2 made little difference. City Manager Gerrity, citing his past experience, offered that “4-1 isn't democracy. 3-2 is democracy.”

Julie Ferriera spoke to the need to retain runoff elections, citing the previous attempt in the County to split the election, where there was no runoff election. She also questioned why the Commission was proposing this change since the same thing was put on the ballot three or four times in the past six or seven years, and the people keep voting it down. Commissioners responded by pointing out the margin of failure was narrowing each time, and that it failed by only “14 to 17” votes last time.

In preparation for voting on the Amendment, Attorney Bach read the provisions of the amendment, just as they would appear on the ballot, to the Commissioners. They are:

1. Increase Commissioner terms from three years to four years

2. Have elections every two years, in even numbered years, to coincide with County and State elections.

3. The Mayor's term would be for two years, elected by the Commissioners through a straw ballot.

The Commissioners finally all agreed that term limits and the super-majority provisions would not be included and that runoff elections would continue. The vote was 5-0 in favor.

City Manager's Report

At the end of the meeting, during the City Manager's Report, Mr. Gerrity said he had heard from the railroad regarding the proposed parking along the railroad tracks in Parking Lot B. He said the railroad wants 18' to 25' between the parking and the center of the closest tracks. The current plan calls for the parking to be 11 ½' to the center of the tracks, so Mr. Gerrity has requested a new plan be drawn up for presentation at next Thursday's special meeting.

Gerrity also brought up the issue of the location for the water slide at Main Beach, noting that the proposed location would not work. He said he wanted to talk with the Commissioners about that.

Next on his list was Beach Access 33, an unimproved access that exists next to a new house being built on S. Fletcher. Because the access is unimproved, meaning it has no walkover or other means for walking to the beach other than through the dunes, he decided to allow the owner of the house to donate palm trees and grass to beautify the access right of way. He said that landscaping would not prohibit anyone from using the access but that because there is no pathway or walkover, there was effectively no way for the public to actually get to the beach. He said the only way to get to the beach was to walk through the dune vegetation, which the Florida Dept. of Environmental Protection frowns upon. If in the future the City decides to build a walkover at that access, Gerrity said the City can still do that.

He next addressed the topic of food trucks. Someone had inquired as to whether foods trucks were allowed. Mr. Gerrity said they were not allowed in the city. Commissioner Poynter noted that there was little interest in food trucks because there were only a few places where they could locate. There was discussion also about the conflict between food trucks and bricks and mortar restaurants, which have higher costs. Commissioner Poynter pointed out that if a food truck owner teamed up with a bricks and mortar restaurant, the food truck would be permitted, but not on City property. The Commissioners agreed to consider food trucks and Attorney Bach said she would bring the ordinance covering them back the Commission for further discussion.

Commissioner Reports

Mayor Boner brought up the idea of purchasing a property on the waterfront, along N. Front St. that would be a key addition if the City decided to move the Marina to the north, to solve the siltation problem that exists with the current Marina location. Purchasing the property would give the City the water rights that come with the property, which would be necessary for moving the Marina to that location. The Mayor explained that the time to buy the property is now, as it is bank owned and will only increase in value when the Alachua St. crossing is opened. He asked if the other Commissioners had any interest in having the City Manager look into this, and they all said yes.

With that, the Mayor gaveled the meeting to a close.