Press Release
By Sandy Kerry, 8-31-24
In an effort for complete transparency and as a matter of public record to bring ALL the facts out about the City’s removal of the bioethanol presentation from the Sept. 3 regular commission meeting, I am posting the thread of email communications between the City, myself, Ms. Christner, City Attorney Bach and City Clerk Best. On Aug. 16 we each followed the new rule of procedure regarding putting an item on the agenda by asking 2 commissioners (Ross and Antun) separately to place the bioethanol presentation on the Sept. 3 agenda. Subsequently we were told by City Clerk Best the item had been taken off the agenda at the direction of City Atty Bach. Explanations for those actions were requested, and their responses are also included.
It is painfully clear that the city is doing anything and everything to keep discussion of the proposed bioethanol plant from coming forward. We never asked to have RYAM at this meeting only for us to present issues of concern to the public regarding bioethanol. Ms. Bach’s “answer” or her “opinion” regarding a possible comprehensive plan change brought up by Commissioner Ross over two months ago (July 17), had absolutely nothing whatsoever to do with our request. Yet she uses that as the reason she advised Ms. Best to remove the item from the agenda. She also urges no discussion by the commission for the same reason.
I urge ALL citizens of Amelia Island to attend the September 3 city commission meeting and let your voices be heard! This refusal to listen to citizens and not allowing them to speak is a violation of our 1st amendment rights and needs to stop NOW!
Reolution 2024-129 Rules of Procedure regarding Agenda Items.pdf
Resolution 2024-130 Rules of Procedure regarding Workshops.pdf
Here is the newly adopted Rule of Procedure 6.3 Agenda per Resolution 2024-129)
(underlined text is newly added; strikethrough text are changes)
6.3 Agenda.
a) All discussion items, (not resolutions, or ordinances,) and presentations will be added to
Commission agendas through the City Manager’ s Office and/ or City Clerk’ s Office in accordance with deadlines for submission approved by the City Manager and/or City Clerk. Only discussion items related to health, safety and welfare may be added to a Commission agenda without proper notice. Presentations are limited to ten (10) minutes unless the City
Manager or a majority of the City Commission waives or alters the time limit.
b) Items are generally placed on the regular meeting agenda by the City Manager, City Clerk, or City Attorney. If the Commission wishes to place an item on the regular meeting agenda for consideration, it may do so by:
1) The Mayor may place an item on the agenda in accordance with the
established deadlines; or
2) Two Commissioners independently requesting to the City Manager or
City Clerk that an item be placed for consideration will cause that item
to be placed on the next available agenda; or
3) An item on a workshop agenda for Commission discussion may be
placed on a future regular meeting agenda if at least two Commissioners want to move the item forward to a vote.
Editor’s note: Sandy Kerry is a local activist, especially for environmental/quality of life matters
Correspondence record:
From: Sandy Kerry
Sent: Friday, August 16, 2024 11:33 AM
To: Caroline Best <[email protected]>
Subject: Citizen agenda item
Good morning Caroline,
A citizen would like to add an item to the next city commission meeting Sept.3. Could you please provide the procedure for doing this.
Thanks,
Sandy
On Aug 16, 2024, at 12:17 PM, Caroline Best <[email protected]> wrote:
Good afternoon, Ms. Kerry:
It was a pleasure to talk with you a few minutes ago, please see attached resolutions as requested. et me know if you are not able to open them.
Kind regards,
Reolution 2024-129 Rules of Procedure regarding Agenda Items.pdf
Resolution 2024-130 Rules of Procedure regarding Workshops.pdf
Here is the newly adopted Rule of Procedure 6.3 Agenda per Resolution 2024-129)
(underlined text is newly added; strikethrough text are changes)
6.3 Agenda.
a) All discussion items, (not resolutions, or ordinances,) and presentations will be added to
Commission agendas through the City Manager’ s Office and/ or City Clerk’ s Office in accordance with deadlines for submission approved by the City Manager and/or City Clerk. Only discussion items related to health, safety and welfare may be added to a Commission agenda without proper notice. Presentations are limited to ten (10) minutes unless the City
Manager or a majority of the City Commission waives or alters the time limit.
b) Items are generally placed on the regular meeting agenda by the City Manager, City Clerk, or City Attorney. If the Commission wishes to place an item on the regular meeting agenda for consideration, it may do so by:
1) The Mayor may place an item on the agenda in accordance with the
established deadlines; or
2) Two Commissioners independently requesting to the City Manager or
City Clerk that an item be placed for consideration will cause that item
to be placed on the next available agenda; or
3) An item on a workshop agenda for Commission discussion may be
placed on a future regular meeting agenda if at least two Commissioners want to move the item forward to a vote.
On Aug 21, 2024, at 2:34 PM, Sandy Kerry wrote:
Dear Caroline,
Thank you for your email. Would you please send me a copy of the comp plan change policy 1.0 7.12 for bioethanol?
Thanks so much.
Sandy
Sent from my iPhone
On Aug 21, 2024, at 11:39 AM, Caroline Best <[email protected]> wrote:
Please see the below email from City Attorney Bach.
From: Caroline Best <[email protected]>
Sent: Wednesday, August 21, 2024 9:32 AM
To: James Antun <[email protected]>
Cc: Tammi Bach <[email protected]>; Jeremiah Glisson <[email protected]>
Subject: Re: Comp Plan Change Policy 1.07.12 for Bioethanol
Good morning, Commissioner Antun:
At your request, and at the request of one other Commissioner, staff placed a bioethanol discussion item on the 9/03 CC RM agenda, due to City Attorney Bach’s legal opinion, that the City should not discuss the matter at this time, the bioethanol discussion item has been removed.
Please contact me or Ms. Bach with any questions.
From: Caroline Best <[email protected]>
Sent: Wednesday, August 21, 2024 9:31 AM
To: Chip Ross <[email protected]>
Cc: Tammi Bach <[email protected]>; Jeremiah Glisson <[email protected]>
Subject: Fw: Comp Plan Change Policy 1.07.12 for Bioethanol
Good morning, Commissioner Ross:
At your request, and at the request of one other Commissioner, staff placed a bioethanol discussion item on the 9/03 CC RM agenda, due to City Attorney Bach’s legal opinion, that the City should not discuss the matter at this time, the bioethanol discussion item has been removed.
Please contact me or Ms. Bach with any questions.
From: Tammi Bach <[email protected]>
Sent: Tuesday, August 20, 2024 5:44 PM
To: Commissioners <[email protected]>
Cc: Jeremiah Glisson <[email protected]>; Caroline Best <[email protected]>; Kelly Gibson <[email protected]>; Jimmy Parr <[email protected]>
Subject: FW: Comp Plan Change Policy 1.07.12 for Bioethanol
DO NOT REPLY ALL TO THIS EMAIL
See below an email I sent to Commissioner Ross when he inquired last month about having the City Commission consider adding “bioethanol” as a prohibited use (which is more specific than “chemical manufacturing”) under the City Comprehensive Plan. Based upon the written legal opinion the City has received from outside counsel, City staff could not today approve a building permit application for construction of a bioethanol plant anywhere in the City.
I think we are all learning lessons from Nassau County’s legal struggles with the Riverstone project on the south end of Amelia Island. I hope we can avoid repeating those mistakes. With the City Commission and City staff having knowledge of RYAM’s air permit application to the FDEP, the City Commission should not now address the Comprehensive Plan to add another prohibited use, bioethanol. There is no danger of the City issuing a building permit for a bioethanol plant, at this time. However, I expect that RYAM will have arguments and potentially legal challenges in the future as to whether a bioethanol plant is allowed in the City based on the City’s current prohibition of “chemical manufacturing”, but we would be wise to leave the current Comprehensive Plan in place to avoid further/easier legal challenges by RYAM. Any RYAM challenges to the City’s current Comprehensive Plan would be made public, as required by the City Charter.
From: Tammi Bach
Sent: Wednesday, July 17, 2024 6:07 PM
To: Chip Ross <[email protected]>
Cc: Jeremiah Glisson <[email protected]>; Caroline Best <[email protected]>
Subject: Comp Plan Change Policy 1.07.12 for Bioethanol
Commissioner Ross: please consider not recommending changes to the City’s Comprehensive Plan to expressly prohibit “bioethanol” in addition to “chemical or petroleum manufacturing”. Changing the Comprehensive Plan to expressly prohibit “bioethanol” at this time is big legal liability for the City under the Bert Harris Act and potentially federal takings law. Now, that the whistle has been blown with regard to RYAM seeking an air permit from FDEP for a bioethanol plant, the City is aware of RYAM’s interest in constructing a bioethanol plant. We have all watched Nassau County struggle with the Riverstone Bert Harris claims which were eventually settled by the Board of County Commissioners. The City’s best course of action is to stick with its current position from what we know about RYAM’s proposed bioethanol project, it is “chemical manufacturing” that has been prohibited by the City’s Comprehensive Plan for many, many years.
On Aug 27, 2024, at 2:38 PM, Tammi Bach <[email protected]> wrote:
Ms. Kerry: I have no authority regarding the agendas. I advised the City Commissioners in the attached email not to discuss amending the Comprehensive Plan to specifically prohibit “bioethanol”. That is the only action I took.
Tammi Bach, J.D., B.C.S.
Board Certified Specialist City, County & Local Government Law
City Attorney
City of Fernandina Beach
204 Ash Street
Fernandina Beach, Florida 32034
(904) 310-3276 | [email protected]
www.fbfl.us
—–Original Message—–
From: Sandy Kerry
Sent: Tuesday, August 27, 2024 2:14 PM
To: Tammi Bach <[email protected]>; Caroline Best <[email protected]>
Cc: Chip Ross <[email protected]>; James Antun <[email protected]>; Taina Christner <[email protected]>
Subject: Removal of Sept 3, 2024agenda item from City Commission Regular Meeting
Dear Ms. Bach and Ms. Best,
On August 16, 2024 I requested Commissioner Ross to request a bioethanol presentation be placed on the Sept 3rd agenda of the City Commission Regular Meeting. Taina Christner also requested Commissioner James Antun place the same bioethanol presentation item on the same meeting agenda. City Clerk Best thereafter confirmed it was set for the September 3rd agenda. However later, I was informed by Ms. Best that City Attorney Tammy Bach had pulled the item from the September 3 agenda.
I am hereby asking City Attorney Bach for the legal reason in writing for this action of withdrawing our agenda item from the 9/3 meeting agenda as duly requested by Commissioners Ross and Anton under the newly adopted Rules of Procedure? Further, under what legal authority do you have Ms. Bach to overrule the actions of a fellow charter officer, City Clerk Carolyn Best, and to further to disregard the requests of two City Commissioners to place an item on the agenda?
Sincerely,
Sandy Kerry
From: Caroline Best <[email protected]>
Date: August 27, 2024 at 2:46:12 PM EDT
To: Sandy Kerry , Tammi Bach <[email protected]>
Cc: Chip Ross <[email protected]>, James Antun <[email protected]>, Taina Christner <[email protected]>, Bradley Bean <[email protected]>, David Sturges <[email protected]>, Darron Ayscue <[email protected]>, Jeremiah Glisson <[email protected]>
Subject: Re: Removal of Sept 3, 2024 agenda item from City Commission Regular Meeting
Good afternoon, Ms. Kerry:
Charter Officers work collaboratively in the furtherance of effectively serving Commissioners and staff. City Attorney Bach represents the City, as such, one of her responsibilities is to advise Commissioners, Charter Officers, and staff when their actions may have adverse legal effects. Based on Ms. Bach’s legal opinion, I removed the bioethanol presentation from the 9/03 City Commission Regular Meeting agenda and subsequently informed Commissioners Antun and Ross of its removal.
The following is an email sent by Taina Christner to Commissioner Ross 8/21 regarding removal of the agenda item.
From: Taina Christner
Date: August 21, 2024 at 3:57:48 PM EDT
To: Chip Ross <[email protected]>
Cc: [email protected], [email protected], Sandy Kerry
Subject: Re: Comp Plan Change Policy 1.07.12 for Bioethanol
Dear Commissioner Ross,
I was surprised to learn that the citizens’ presentation on the proposed bioethanol plant was canceled. This presentation was intended purely for informational purposes and did not involve a request for a comprehensive plan change.
The process followed by the citizens was consistent with our procedures: two commissioners separately requested the addition of a short 10-minute item to the September 3 City Commission meeting agenda, which the city clerk subsequently included. It is concerning to me that Ms. Bach, a non-elected staff member, has the authority to remove an agenda item that was endorsed by two elected commissioners.
Could you please clarify Ms. Bach’s role in this matter? How is it possible for a staff member to override the requests of both citizens and elected officials?
I am concerned that this action may undermine the rights of commissioners and citizens, potentially discouraging public participation in our government processes.
Thank you for your attention to this matter.
Best regards,
Taina Christner
