10-10-22 Special Called Meeting Adopted MinutesMINUTES
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Special Called Meeting of the City Commission
Monday, October 10, 2022 - 5:15 PM
Commission Chamber
INVOCATION AND PLEDGE TO THE FLAG
CALL TO ORDER
Following the Pledge of Allegiance, Mayor Glasser called the meeting to order at 5:15 PM.
ATTENDANCE:
Present: Ellen Glasser, Mayor - Seat 1
Bruce Bole, Commissioner - Seat 2
Michael Waters, Commissioner - Seat 3
Candace Kelly, Commissioner - Seat 4
Brittany Norris, Mayor Pro Tem / Commissioner - Seat 5
Also Present: Shane Corbin, City Manager (CM)
Brenna Durden, City Attorney (CA)
Donna Bartle, City Clerk (CC)
Scott Williams, Public Works Director (PWD)
Derek Martin, Public Works Inspector and Assistant Director (PWI)
Vanessa Angers, Records Clerk
1. PUBLIC HEARING ON WAIVER REQUEST (WAIV22-0004)
A. City Attorney Procedural Reminders
City Attorney Durden provided an overview of the waiver hearing procedures as outlined
in the agenda packet.
B. Disclosure of Ex Parte Communications, if any
Commissioner Bole reported having no exparte communications.
Commissioner Kelly reported having no exparte communications; however, noted that
her former house came with a paved parking pad in the right-of-way. She confirmed that
it would not affect her decision making tonight.
Mayor Glasser reported having no exparte communications.
Commissioner Waters reported having no exparte communications.
Commissioner Norris reported having no exparte communications.
Special Called Meeting of the City Commission
October 10, 2022
CA Durden continued explaining the hearing procedures.
C. Swearing in of all persons who will speak
All those providing testimony were sworn in by City Clerk Bartle.
D. City Staff Overview
Planning and Community Development Director (PCDD) Amanda Askew, Public
Works Director (PWD) Scott Williams, and Public Works Inspector (PWI) Derek Martin
presented a slide show (which is attached hereto and made part of this Official Record
as Attachment A) as they provided an overview of WAIV22-003.
During the presentation, PCDD Askew noted a typo on the sixth slide, June 7, 2020
should read June 7, 2022. PWD Williams and PWI Martin explained a mistake made
during the permitting process.
Staff answered questions from the Commission.
Attachment A to 10-10-22 Minutes
E. Applicant Presentation
Applicant and property owners, Brandon and Kelly Fanning, provided a handout (which
is attached hereto and made part of this Official Record as Attachment B). Ms. Fanning
gave an overview of the request, asked that the original approval be honored, and
explained her reasons. She advised that she is willing to sign necessary documentation
to release the City of any liability to the structure, even though they have an approved
permit.
Ms. Fanning reiterated the reasons she believes the waiver should be approved as 1) Our
permit was approved; 2) It poses no issue to the environment or nearby homeowners
with concern for water penetration to the soil or storm drainage/runoff, 3) We are willing
to release the City of any liability for damages incurred, should City vehicles or other
related machinery need to access the right-of-way; 4) We homeowners have
demonstrated a commitment to the due process, even being here tonight, I'm missing
out on a tremendous opportunity; and 5) The issue of selective enforcement.
Ms. Fanning answered questions from the Commission.
Attachment B to 10-10-22 Minutes
F. Public Comments
Mayor Glasser explained the process and opened the floor for public comments. The
following speaker took the oath and proceeded to provide comments.
Special Called Meeting of the City Commission
October 10, 2022
Christina Bell spoke in favor of reimbursing the Fannings for time and money spent on
the project, if it was required from the City's mistake of giving a permit and approving
it.
Mayor Glasser closed public comments.
G. Closing Comments/Rebuttal
Staff provided closing comments and rebuttal. PWI Martin addressed the issue of there
being pavers instead of concrete. He read the comment on the request, "Concrete to be
removed and replaced with pavers", and explained why he thought there was concrete to
be replaced.
PWD Williams referred to the survey and explained they had no idea the paver parking
pad was there and if it were to be approved, it would have needed to be marked by the
surveyor. PWD Williams answered questions from the Commission.
CA Brenna Durden confirmed that if the waiver is denied, it would be an existing
violation and if not removed, would go before the special magistrate. If the applicant
wanted to appeal the denial of the waiver, that would go to the circuit court, by petition
for writ of cert.
Mrs. Fanning provided closing comments and rebuttal. She addressed the timing of the
parking pad, noting that staff should have known about it; clarified that they are not
paving the driveway; and suggested considering the amount of money and time spent.
Staff and applicants answered questions from the Commission.
H. Commission Deliberation and Action
MOTION: Disapprove the waiver; however, the City will do the work to remove the pavers
and replace the sod.
Motion: Candace Kelly
Motion died due to lack of a second.
Commissioner Waters spoke in favor of allowing the homeowners to continue their work.
MOTION: Approve the waiver because to come into compliance with such provisions would
be unreasonable.
Motion: Brittany Norris
Second: Bruce Bole
Commissioner Norris spoke in support of the motion, noting the lack of communication.
Special Called Meeting of the City Commission
October 10, 2022
►R
Attest:
Commissioner Waters spoke in favor of the motion, noting his desire to get it done and learn
from this.
Commissioner Bole spoke in favor of the motion, noting the gray area.
Commissioner Kelly spoke against the motion. She explained the City's continued efforts to
eliminate right-of-way parking that people have assumed for themselves and suggested that the
City pay to make the property whole and restore the right-of-way to grass as it was intended.
Mayor Glasser spoke against the motion. She explained a history of how the City handled past
instances; expressed concerns about setting a precedent; and spoke about agreeing with
Commissioner Kelly on removing the cost from the applicant and putting it back to the way it is
supposed to be.
Ellen Glasser
Against
Bruce Bole (Seconded By)
For
Michael Waters
For
Candace Kelly
Against
Brittany Norris (Moved By)
For
Motion passed 3 to Z
Mayor Glasser announced that the waiver was approved and the Commission congratulated Ms.
Fanning for being selected as Teacher of the Year for her school.
ADJOURNMENT
There being no further discussion, Mayor Glasser declared the meeting adjourned at 6:23 p.m.
1-&vn,4,, -,-�44t
Donna L. Bartle, City Clerk
Date Approved: 3/27 102—J
Bru e Bole, Commissioner
Special Called Meeting of the City Commission
October 10, 2022
ATTACHMENTA
10.10.22 Minutes
COAB Environmental Stewardship Committee Presentation
DRAFT Sustainability & Resilience Community Action Plan
• 2050 Goals
• Suggested strategies to start working towards goals
• Benefits of this plan
• What to expect on 10/24
Focus Area
6"
2050 (or earlier) Goals * crossovApgNKrfocus area
• Develop and enhance connectivity and walkability between parks and within city
• Ensure that 95% of residential addresses are located within % mile of a park or open space.
• Increase and maintain healthy, diverse tree canopy to 40%.*
• Reduce use of harmful chemicals and biocides by 90%
Quality of Life Livabi l It
Demonstrate an annual Improving trend achievement for the stated thresholds and metrics (LEED QOL data , safe community, housing & transportation
affordability, food access & nutrition, community health, ambient noise & light, active living, aging in the community, environmental justice, arts & culture,
historic preservation, social & cultural diversity)
Energy &Climate
Reduce
Commit to Under 2• actions and implementation*
Reduce 20% of overall energy consumption*
M
33% of citywide electricity generated by renewable energy and obtain 100% of electricity from clean, renewable sources city wide*
Water
Meet or exceed National Primary Drinking Water Regulations for 90 known contaminants and add status of water withdrawal areas in annual report
• Reduce gross potable water consumption per capita by 40% including on lawns.
• Make 100% of COAB waterways fishable and swimmable
Ensure COAB has sufficient water storage and mitigates inland flooding during extreme weather events.
No treated or non -point source pollution in ICW or ocean.
Green Building
Ensure 100% of new buildings meet green building and resiliency standards(GB&R).*
Ensure 100% of existing buildings are educated about GB&R standards and benefits and at least 50% actively striving to meet standards*
Infrastructure
Reduce total electricity consumption by 20%*
Solid Waste
Reduce MSW generated by 30%
• Increase MSW diverted from landfill by 30%
Actively work at becoming a "zero waste" community reporting action items and lessons learned in annual report
Transportation & Land Use
Increase number of historic homes/buildings, number of lots that retain trees (not denuded due to construction), and renovate versus razing by 25%
Reduce total VMT and emissions from vehicles by 20% and achieve majority of trips made by foot, bike, carpooling, or transit.
Achieve and maintain a Gold ranking for the League of American Bicyclists Bicycle Friendly Community Score.
• Eliminate pedestrian and bike fatalities.
Attain a "good" rating on the Air Quality Index (AQI) 365 days/year
• Improve measurement, performance, and reporting year over year and share results in annual report for both city and community wide
Achieve and maintain best quality bond rating
Outreach & Education
Continue to grow CCAB sustainability and resiliency leadership commitments (one per yea r/mu Iti -year)
• Achieve 90% engagement by COAB residents with this plan
• Designate a CSRO/Office and add sustainability and resiliency to employee's workplan and performance metrics (2025)
Uphold a process that ensures the civil and human rights of all people is fundamental
2050 (or earlier) GOALS
• Develop and enhance connectivity and walkability between parks
and within city
• Ensure that 95% of residential addresses are located within % mile
of a park or open space.
• Increase and maintain healthy, diverse tree canopy to 40%.*
• Reduce use of harmful chemicals and biocides by 90%
* Crossover to another focus area goal or suggested strategy
Initiatives
Potential Initial Strategies
• Canopy Health & Coverage
Promote and educate about the benefits of trees, tree ordinance, tree
planting and pervious surfaces
• Health of Public Green Spaces
p
'�3 ° c '5 are `
sse55 an reser show con3fruCton practiced are negatively affecting tr'
• Ongoing Assessment of AB's Ecosystems
g lifespan of trees)
• Develop and maintain canopy assessment tools
• Water Quality Monitoring Plan (nonpotable)
Strive for zero net loss of canopy
• Natural Resources Conservation & Restoration
Conserve, restore, and maintain the health, quality, and function of AB's
• Biodiversity & Invasive Species
natural systems (marsh, wetlands, beaches, canopy, green spaces, dunes,
parks, waterways, etc.) through regular assessment and attention.
• Resiliency Planning for Acute and Chronic events
Increase the connectivity between habitats needed for threatened species
• Light Pollution
dopt and/or incentivize best practices for resilient properties (e.g., trees;;
ardening, elevation, first floor floodable, raising up houses, etc.)
• Outdoor Air Quality
• Water in the Environment (crossover)
Coordinate a Friends of the Park program so those who use the park can have
more impact in a park's maintenance and care.
Climate & Energy ATTACHMENTA
70-10.22 Minutes
Intent: Reduce climate impacts through adaptation and mitigation efforts and increase resource efficiency
2050 (or earlier) GOALS
*Reduce GHG emissions to below two metric tons per capita or 80%
below 1990 levels*
*Commit to Under 2° actions and implementation*
*Reduce 20% of overall energy consumption *
•33% of citywide electricity generated by renewable energy and
obtain 100% of electricity from clean, renewable sources city wide*
Climate & Energy
Intent: Reduce climate impacts through adaptation and mitigation efforts and increase resource efficiency
Initiatives
• Power Access, Reliability and Resiliency
• Energy & Greenhouse Gas Emissions Performance
• Energy Efficiency
• Greening the Energy Supply
• Renewable Energy
• Low Carbon Economy
• Grid Harmonization
• Climate Adaptation
• GHG Mitigation
ATTACHMENTA
1410.22 Minutes
Potential Initial Strategies
• Adopt and/or incentivize best practices for resilient properties (e.g., trees,
hardening, elevation, first floor floodable, raising up houses, etc.)
• C' � 2 s Ci
• plement specific programs and servit. hat inc
unity
• Maintain 100% access, reliability and resiliency of power to AB
• Install and maintain resilience hubs in most needed areas of AB
• Work with JEA on dynamic pricing for metered users to motivate load shifting
and adopt (or be committed to) an Interconnection and Net metering policy.
• Consider best practices for sustainable development principles into
neighborhood planning
2050 (or earlier) GOALS
• Demonstrate an annual improving trend achievement for the
stated thresholds and metrics (LEED QOL data, safe community,
housing & transportation attainability, food access & nutrition,
community health, ambient noise & light, active living, aging in
the community, environmental justice, arts & culture, historic
preservation, social & cultural diversity)
Initiatives
• Safe Community
• Housing and Transportation Affordability
• Food Access & Nutrition
• Community Health
• Ambient Noise & Light
• Active Living
• Aging in the Community
• Environmental Justice
• Arts & Culture
• Historic Preservation
• Social & Cultural Diversity
• Distributional Equity
Potential Initial Strategies
• Achieve a Livability Ind
• �w�crarrn"m`cann iinil%
• Continue to install sidewalks, safe and widened walkways and appropriate lighting in
areas most needed
• Identify the Priority environmental iustice conditions and make plan to address
• Enhance public spaces, including public rights of way, roadsides, City buildings, beach
accesses and other publicly held properties with art and carefully maintained
2050 (or earlier) GOALS
• Meet or exceed National Primary Drinking Water Regulation limits for
90 known contaminants and add status of water withdrawal areas in
annual report
• Reduce gross potable water consumption per capita by 40% including
on lawns.
• Make 100% of COAB waterways fishable and swimmable
• Ensure COAB has sufficient water storage and mitigates inland
flooding during extreme weather events.
• No treated or non -point source pollution in ICW or ocean by 2030 or
state deadlines
Initiatives
Potential Initial Strategies
• Water Access and Quality
•
Adopt a community wide specific water management plan to improve water
• Water Performance & Efficiency
efficiency and reductions by residential and commercial sectors
•
Increase amount of reclaimed water access and use in AB
• Integrated Water Management
•
• Stormwater Management
• Smart Water Systems
•
Improve the operational efficiency of the water management systems
through use of smart technology.
• Water in the Environment
•
-- - —
storing a.
ois'Mrotect th
•
�provase sc
•
Continue to provide and improve equitable access to healthy drinking water
and sanitation services.
•
Review best practices that meet multiple objectives regarding water runoff
and onsite retention, pervious and impervious surfaces, tree retention,
beautification, etc.
2050 (or earlier) GOALS
•Strive for 100% of new buildings meet green building and
resiliency standards (GB&R)
•Strive for 100% of existing buildings are educated about
GB&R standards and benefits and at least 50% actively
striving to meet standards
•Reduce total electricity consumption by 20%*
Initiatives Potential Initial Strategies
• Green Building Policy & Incentives ' e ,
rv�atflonnd consider accessory dwelling units and�or mothe .
• Green Infrastructure Policy &Incentives suites as a legal alternatividential dwelling in the city if lot size "
• Enact a municipal building performance disclosure program
• Adopt policy for all new construction undertaken by the city government to
achieve a green building certification level with resiliencv best practices.
Siding cer ' ication, implement resilient best practices and measure annwd
WrmajM
• Consider requiring certification with resilient best practices for all buildings
5000 square feet and above.
• Work with FL SUN nonprofit to offer a solar co-op
• Assess green infrastructure functionality
• Create a green infrastructure policy and incentives for both public and
private sectors.
• Incentivize the use of pervious surfaces to reduce stormwater runoff
• Incentivize permeable and recycled concrete installation
• Pilot floating solar array in retention pond
2050 (or earlier) GOALS
•Reduce municipal solid waste (MSW) generated by 30%
• Increase MSW diverted from landfill by 30%
•Actively work at becoming a "zero waste" community reporting
action items and lessons learned in annual report
Initiatives
Potential Initial Strategies
• Waste Performance
• Special Waste Streams Management
• Increase number of public recycling and composting bins
• Responsible Sourcing for Infrastructure
• Partner with local restaurants to improve food re -distribution and reduce food and
• Material Recovery
solid waste
• Smart Waste Management Systems
Develop or participate in a regional coalition that enhances the community's ability
• Waste Minimization
to address waste management targets
• Implement communitywide incentives and/or enforce regulations ensuring that
residents and businesses are working toward community waste reductions targets
• Operate at least 3 specific waste management programs for critical waste stream
types found in the community, such as: organic waste, hazardous waste, electronic
waste, and construction and demolition waste
• Host semi-annual collection site to collect difficult to recycle, hazardous, and
electronic waste items
• Offer community clean ups (after big events such as July 4, Memorial Day, etc) to
build community alliance while helping our city environment.
• Start a home composting recognition program to increase landfill diversion rate and
community engagement.
2050 (or earlier) GOALS
•Identify and follow COJ's historic homes/buildings guidelines
• Increase number of lots that retain trees (not denuded due to
construction) and renovate versus razing by 25%
• Reduce total vehicle miles traveled (VMT) and emissions from
vehicles by 20% and achieve majority of trips made by foot, bike,
carpooling, or transit.
•Achieve and maintain a Gold ranking for the League of American
Bicyclists Bicycle Friendly Community Score.
• Eliminate pedestrian and bike fatalities.
•Attain a "good" rating on the Air Quality Index (AQI) 365 days/year
Initiatives Potential Initial Strategies
• Transportation Performance • Transition City fleet vehicles to low or zero emission
• Improve infrastructure and amenities for bikers and pedestrians and partner
• Compact, Mixed Use and Transit Oriented Development with community organizations to deliver bike and pedestrian safety education.
• Access to quality Transit • Improve transit connections to employment and activity centers from
• Alternative Fuel vehicles underserved areas and consider car -sharing programs to low-income residents
using various tools.
• Smart Mobility and Transportation Policy • Study the feasibility of a regional congestion fee for travel during peak hours.
High -Priority Site • Limit and/or discourage idling engines.
• Infill & Redevelopment
• Increase mass transit adoption and improve micro -mobility
• Create a recognition program for historical buildings, trees, structures, and
features to retain character of AB, it's eclectic nature, and honoring history.
• hemonstrat
resiliency to 3 Comrriuni ywi e rrs s e.g.;' Ioo rng, ea , ornadcq
urricanes) and 1 at -risk population group (e.g., mobile home)
• kssess tools to address overdevelopment of lots by looking at zoning codes
nd how considering the value of "communal" trees on private property that
rovide co -benefits to neighbors and the community at large.
2050 (or earlier) GOALS
•Improve measurement, performance, and reporting year over year and
share results in annual report for both city and community wide
•Achieve a Best Quality or High Quality bond rating with 1 or more of
the 3 major rating agencies
•Continue to grow COAB sustainability and resiliency leadership
commitments (one per year/multi-year)
•Achieve 90% engagement by COAB residents with this plan
Designate a CSRO/Office and add sustainability and resiliency to
employee's workplan and performance metrics (2025)
•Uphold a process that ensures the civil and human rights of all people
is fundamental
Potential Initial Strategies
Initiatives
• Improve measurement, performance and tracking of each focus area's metrics annually
Good Governance Practices Set short and medium term milestone targets for each focus area to show progress toward long
Leadership Commitments term goals
of people inte, edaking AB more sustainable anllient
Community Engagement & Education
ugh partnerships, high touch education and outreach tactics, identifying&111 and region
Innovation minded assets, inviting participation by Subject Matter Experts, attractilunteers,
• Learn and implement best practices and innovations from other local governments, private sector,
nonprofits, and academia
• Demonstrate cohesive and socially connected community by achieving diversity in selection and
appointment to citizen committees and boards (e.g., represent the makeup of the population)
• Continue to commit to leadership commitments aligned to plan (e.g., Monarch Butterfly Pledge;
• Create a centralized virtual space and physical local sustainability / composting / recycling /
gardening center with educational programming so residents and businesses know where to go to
learn about and engage in sustainability and resiliency efforts. Through this space, center, staff
and ESC, create an education and outreach campaign to engage residents and businesses in
sustainability, resiliency and climate change related impacts that include each focus area. *
ATTACHMENTA
10-10.22 Minutes
BENEFITS OF THIS PLAN
• Provides consistent data for decision making
• Reduces redundancies, silos and competition for resources
• Fosters collaboration and holistic preparation and action
• Increases city's grant readiness
• Helps with bond rating and risk mitigation
• Raises city as a recognized leader in Northeast Florida
• Aligns with many COAB plans, State of Florida resiliency goals,
science -based national goals
• Saves money and attracts investment by planning now
• Reduces immense cost of inaction from growing exponentially
• Aligns with efforts of 100+ other Florida cities
• Increases number of healthy and engaged residents
ATTACHMENTA
10-10-22 Minutes
WHAT TO EXPECT AT 10/24 COMMISSION MEETING
• Updated version of the SRCAP in your agenda packet
• Reformatted
• Commission and community suggestions incorporated about this draft
• Executive Summary will be updated and added to (e.g., engagement process,
Commission priorities, cross departmental and committee engagement,
• Appendix items (e.g., glossary of terms)
• Content not changing (small tweaks will be highlighted)
10/22 Town Hall feedback shared
Request to approve goals and plan through a resolution
ATTACHMENTA
1410.22 Minutes
THAN K YO U
Attachment B
of 10-10-22 Minutes
Building Permit Application r+i,r..,, Ilo" P
City of Atlantic Beach Building Department "'ALL INFORMATION
800 Seminole Road, Atlantic Beach, FL 32233 HIGHLIGHTED IN GRAY
Phone: (904) 247-5826 Email: building Dept@coab.us IS REQUIRED.
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Job Address:
_;j,��_ t _l.a- i , .64 L It. ,.0 / Permit Number:
Legal DEscrl tion _te+ j# h.� r t�+t►_yn, i ) R&
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Valuation of Work (Replacement Cost) $_J Jy HeHeated/cooled SIF Nr'* Non- Heated/Coaled_
• Class of Work: ONew OAddition OAlteration !'Repair OMove Memo OPool OWindow/Door
• Use of existing/proposed structure(s): I (Commercial I-16,idential
• If an existing structure, is a fire sprinkler system installed?: LlYes f2No
• Will tree(s) be removed in association with proposed project? Il Ye must submit sevarate Tree Removal PLM10 0<0
Describe In detail the type of work to be performed:
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Florida Product Approval #__, - _ _ for multiple products use product approval form
Property Owner Information 1
Namelie'viz! j nnrAddress 7�5 7ti"ry�/t Lr.
City ,1� 1.c _ Stat—e Ft-- Zip 3;i�2-3S Phone�0a2.-__-
E -Mail � �,c•n YinA:A � —r..� —r'�n;.�_ �.�.^^_--- ------ ---- -
Owner or Agent (if Agent, PowerAttof omey or Agency letter Required)
Contractor Information
Name of Company _ lam _ - _ _ Qualifying Agent_—
Address _ City.— State Zip__Office Phone— Job Site Contact Number _
State Certification/Registration # — E•Mail_
Architect Name & Phone #
Engineer's Name & Phone q
Workers Compensation Insurer _ _ _ _ OR Exempt O Expiration Date
Application is hereby made to obtain a permit to do the work and installations as indicated. I certify that no work or Installation has
commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all the laws regulating
construction in this jurisdiction I understand that a separate permit must be secured for ELECTRICAL WORK, PLUMBING, SIGNS,
WELLS, POOLS, FURNACES, BOILERS, HEATERS, TANK5, and AIR CONDITIONERS, etc. NOTICE: In addition to the requirements of this
permit, there may be additional restrictions applicable to this property that may be found In the public records of this county, and
there may be additional permits required from other governmental entities such as water management districts, state agencies, or
federal agencies.
OWNER'S AFFIDAVIT: I certify that all the foregoing information Is accurate and that all work will be done In compliance with all
applicable laws regulating construction and toning.
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY
RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND
TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE
RECORDING Yf, ",NOTICE OF COMMENCEMENT.
(Signature of Owner or Agent) (Signature of Contractor)
Signed and sworn to (or affirmed) before me this _?a day of
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ExPIREs: oct" 21, 2021
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( r uced Identification (�
Type of Identification -
Signed and sworn to (or affirmed) before me this ,_„ day of
- by ------ --
I Personally Known OR
I Produced Identification
Type of identification ___
(Sf6nature of Notary)
1•
Attachment B
of 10-10-22 Minutes
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PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA.
CERTIFIED T0: JOHN BRANDON FANNING AND KELLY CASSIDY FANNING,
FIRST AMERICAN TITLE INSURANCE COMPANY,
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Attachment B
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