7-8-24 Final Agenda
City of Atlantic Beach
Final Agenda
Regular City Commission Meeting
Monday, July 8, 2024 - 6:30 p.m.
Commission Chamber
City Hall, 800 Seminole Road
Atlantic Beach, FL 32233
INVOCATION AND PLEDGE TO THE FLAG
CALL TO ORDER
Page(s)
1. APPROVAL OF MINUTES
1.A.
Approve minutes of the Joint Workshop between the City Commission and
Charter Review Committee held on May 20, 2024.
5-20-24 Joint Workshop between the City Commission and Charter Review
Committee Draft Minutes
7 - 10
*
1.B.
Approve minutes of the Regular City Commission meeting held on May 28,
2024.
5-28-24 Regular City Commission Draft Minutes
11 - 18
2. COURTESY OF FLOOR TO VISITORS
PUBLIC COMMENT
3. CITY MANAGER REPORTS
3.A.
Accept the 90-Day Calendar (July - Sept. 2024)
90-Day Calendar (July - Sept. 2024)
19 - 22
4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
None.
6. CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY
COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE
NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED
FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING
DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY
COMMISSION ON THESE ITEMS.
6.A.
Award Bid 2324-07 in the amount of $199,773.75 to United Land Services and
23 - 31
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Regular City Commission - 08 Jul 2024
authorize the City Manager to execute the contract.
Sherman Creek Ditch Cleaning
6.B.
Award engineering services contract in the amount of $84,884 to Kimley-Horn
and Associates, Inc. for the project scope listed in RFQ 2024-03.
Cavalla Road Lift Station
33 - 40
7. COMMITTEE REPORTS
7.A.
Environmental Stewardship Committee (ESC)
8. ACTION ON RESOLUTIONS
*
8.A.
RESOLUTION NO. 24-33
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY TO
ENTER INTO THE 2024 JUSTICE ASSISTANCE GRANT DIRECT PROGRAM;
AUTHORIZING ATLANTIC BEACH POLICE DEPARTMENT STAFF TO APPLY FOR
AND MANAGE THE GRANT PROCESS; AUTHORIZING THE MAYOR, CITY
MANAGER AND CITY ATTORNEY TO EXECUTE CONTRACTS AND PURCHASE
ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE
PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
Resolution No. 24-33
41 - 71
*
8.B.
RESOLUTION NO. 24-34
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE
CITY MANAGER TO EXECUTE AND DELIVER AN EXTENSION TO THE INTERLOCAL
AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH AND CITY OF
JACKSONVILLE FOR THE COORDINATION AND PROVISION OF FIRE AND RESCUE
SERVICES; AND PROVIDING AN EFFECTIVE DATE.
Resolution No. 24-34
73 - 80
*
8.C.
RESOLUTION NO. 24-35
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY TO
ENTER INTO THE 2024 JUSTICE ASSISTANCE GRANT COUNTYWIDE PROGRAM;
AUTHORIZING ATLANTIC BEACH POLICE DEPARTMENT STAFF TO APPLY FOR
AND MANAGE THE GRANT PROCESS; AUTHORIZING THE MAYOR, CITY
MANAGER AND CITY ATTORNEY TO EXECUTE CONTRACTS AND PURCHASE
ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE
PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
Resolution No. 24-35
81 - 83
9. ACTION ON ORDINANCES
9.A.
ORDINANCE NO. 33-24-25, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA PROPOSING AN
AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTIC BEACH ARTICLE II,
THE COMMISSION, SEC. 6 – POWERS; SUBMITTING THE AMENDMENT TO THE
85 - 88
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Regular City Commission - 08 Jul 2024
CHARTER FOR CONSIDERATION BY THE ELECTORS OF THE CITY FOR APPROVAL
OR DISAPPROVAL; PROVIDING FOR THE APPEARANCE OF THE CHARTER
AMENDMENT ON THE BALLOT; AND PROVIDING AN EFFECTIVE DATE.
Ordinance No. 33-24-25
9.B.
ORDINANCE NO. 33-24-26, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA PROPOSING AN
AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTIC BEACH ARTICLE II,
THE COMMISSION, SEC. 9 – POWERS; SUBMITTING THE AMENDMENT TO THE
CHARTER FOR CONSIDERATION BY THE ELECTORS OF THE CITY FOR APPROVAL
OR DISAPPROVAL; PROVIDING FOR THE APPEARANCE OF THE CHARTER
AMENDMENT ON THE BALLOT; AND PROVIDING AN EFFECTIVE DATE.
Ordinance No. 33-24-26
89 - 93
9.C.
ORDINANCE NO. 33-24-27, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA PROPOSING AN
AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTIC BEACH ARTICLE IV,
THE CITY CLERK, SEC. 28 – APPOINTMENT; DUTIES; SUBMITTING THE
AMENDMENT TO THE CHARTER FOR CONSIDERATION BY THE ELECTORS OF THE
CITY FOR APPROVAL OR DISAPPROVAL; PROVIDING FOR THE APPEARANCE OF
THE CHARTER AMENDMENT ON THE BALLOT; AND PROVIDING AN EFFECTIVE
DATE.
Ordinance No. 33-24-27
95 - 98
9.D.
ORDINANCE NO. 33-24-28, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA PROPOSING AN
AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTIC BEACH ARTICLE II,
THE COMMISSION, SEC. 9 – POWERS; SUBMITTING THE AMENDMENT TO THE
CHARTER FOR CONSIDERATION BY THE ELECTORS OF THE CITY FOR APPROVAL
OR DISAPPROVAL; PROVIDING FOR THE APPEARANCE OF THE CHARTER
AMENDMENT ON THE BALLOT; AND PROVIDING AN EFFECTIVE DATE.
Ordinance No. 33-24-28
99 - 103
9.E.
ORDINANCE NO. 33-24-29, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA PROPOSING
AMENDMENTS TO THE CHARTER OF THE CITY OF ATLANTIC BEACH ARTICLE II,
THE COMMISSION, SEC. 12 – VACANCIES IN THE CITY COMMISSION, SEC. 14 –
INDUCTION OF CITY COMMISSION INTO OFFICE; MEETINGS OF THE CITY
COMMISSION, ARTICLE IX, ELECTIONS, SEC. 39 – NOMINATIONS, SEC. 40 –
ELECTIONS: PRIMARY AND SEC. 41 – ELECTIONS: GENERAL; SUBMITTING THE
AMENDMENTS TO THE CHARTER FOR CONSIDERATION BY THE ELECTORS OF
THE CITY FOR APPROVAL OR DISAPPROVAL; PROVIDING FOR THE APPEARANCE
OF THE CHARTER AMENDMENTS ON THE BALLOT; AND PROVIDING AN
EFFECTIVE DATE.
Ordinance No. 33-24-29
105 - 111
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9.F. ORDINANCE NO. 33-24-30, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA PROPOSING
AMENDMENTS TO THE CHARTER OF THE CITY OF ATLANTIC BEACH ARTICLE
XVIII, WHEN ACT TAKES EFFECT AND PERIODIC REVIEW, SEC. 81 – PERIODIC
REVIEW; SUBMITTING THE AMENDMENTS TO THE CHARTER FOR
CONSIDERATION BY THE ELECTORS OF THE CITY FOR APPROVAL OR
DISAPPROVAL; PROVIDING FOR THE APPEARANCE OF THE CHARTER
AMENDMENTS ON THE BALLOT; AND PROVIDING AN EFFECTIVE DATE.
Ordinance No. 33-24-30
113 - 116
10. MISCELLANEOUS BUSINESS
10.A.
Public Hearing - APP 24-0001 - Appeal of the Community Development Board
(CDB) - Decision for ZVAR 24-0005 (1743 Seminole Road)
Request for a variance to reduce the minimum side yard setback on the south
side of the property to construct an addition at 1743 Seminole Road.
10.A1.
City Attorney Procedural Reminders
Appeal Procedures
117 - 120
10.A2.
Disclosure of Ex Parte Communications, if any
10.A3.
Swearing in of all persons who will speak
10.A4.
City Staff Overview
APP24-0001
121 - 169
10.A5.
Applicant Presentation
10.A6.
Public Comments
10.A7.
Closing Comments/Rebuttal
10.A8.
Commission Deliberation and Action
11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS
12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER
13. ADJOURNMENT
This meeting will be live-streamed and videotaped. The video recording will be posted within
four business days on the City's website. To access live or recorded videos, visit
www.coab.us/live.
If any person decides to appeal any decision made by the City Commission with respect to
any matter considered at any meeting, such person may need a record of the proceedings,
and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
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Regular City Commission - 08 Jul 2024
which record shall include the testimony and evidence upon which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should
submit a request to the City Clerk prior to the meeting. For your convenience, forms for this
purpose are available at the entrance to the Commission Chamber.
Every effort is made to indicate what action the City Commission is expected to take on each
agenda item. However, the City Commission may act upon any agenda subject, regardless of
how the matter is stated on the agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodation to participate in this meeting should
contact the City Clerk’s Office at (904) 247-5821 or at City Hall, 800 Seminole Road, Atlantic
Beach, FL 32233, no later than 5:00 PM on the Thursday prior to the meeting.
Page 5 of 169
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Commission Workshop
May 20, 2024
MINUTES
Joint Workshop between the City Commission
and Charter Review Committee
Monday, May 20, 2024 - 6:00 PM
City Hall, Commission Chamber
800 Seminole Road, Atlantic Beach, FL 32233
ATTENDANCE:
Present: Curtis Ford, Mayor - Seat 1
Bruce Bole, Commissioner - Seat 2 (District 1308)
Michael Waters, Commissioner - Seat 3 (District 1307)
Candace Kelly, Commissioner - Seat 4 (District 1306)
Jessica Ring, Commissioner - Seat 5 (District 1312)
William "Bill" Gulliford, Chair
Suzanne Shaughnessy, Vice Chair
Jennifer Lagner, Secretary
Bruce Andrews, Member
Charles "Chip" Drysdale, Member
Ellen Golombek, Member
Kirk Hansen, Member
Mitchell Reeves,
Dawn Scott, Member
Donald Young, Member
Absent: Debbie Buckland, Member
Kelly Elmore, Member
Steve Swann, Member
Also Present: William B. Killingsworth, City Manager (CM)
Kevin Hogencamp, Deputy City Manager (DCM)
Jason Gabriel, City Attorney (CA)
Donna Bartle, City Clerk (CC)
Ladayija Nichols, Deputy City Clerk (DCC)
CALL TO ORDER AND ROLL CALL
Mayor Ford called the meeting to order at 6:03 PM.
Chairman Gulliford expressed that it has been an honor to chair the Charter Review Committee
(CRC).
Mayor Ford explained the process for the joint meeting.
1. PUBLIC COMMENT
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Agenda Item #1.A.
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Commission Workshop
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Mayor Ford explained the process for public comment. CC Bartle called each speaker to the
podium.
Michael Hoffmann expressed words of gratitude to the CRC.
Carolyn Zisser spoke about the proposed Charter amendments as detailed in the agenda packet.
Mark Gabrynowicz expressed that he is not in support of expanding the size of the
Commission.
Jackie Beckenbach thanked everyone for their public service and expressed opinions on the
proposed Charter amendments.
Brinkley Harrell spoke about the proposed Charter amendments.
2. DISCUSSION ON PROPOSED AMENDMENTS
Chairman Gulliford gave an overview of the proposed Charter amendments.
Mayor Ford opened the floor for group discussion of each recommendation as detailed and
numbered in the agenda packet.
Proposal #1
Mayor Ford expressed that this recommendation is a good idea for the future and expressed that
he supports it. Commissioner Bole inquired about the cost of having more than one election.
Mayor Ford and Chairman Gulliford explained that cost would not be affected, taking into
consideration City of Jacksonville's election cycle. Member Reeves explained the historical
background of elections. Commissioner Kelly and Commissioner Waters added to Mr. Reeves'
comments. Chairman Gulliford expressed that it is a challenge to try and remedy voter turnouts
for different types of elections.
Proposal #2
Mr. Reeves explained the potential effects of this proposed change. Commissioner Bole
expressed that he is not in support of this recommendation. Commissioner Ring expressed that
she agrees with Commissioner Bole and spoke about election data that she obtained from the
Duval County Supervisor of Elections. She asked how this recommendation became the number
two priority. Chairman Gulliford explained that the recommendation was a unanimous vote
amongst the CRC and that pros and cons of this recommendation were thoroughly discussed.
Mayor Ford asked if any of the committee members were absent when this vote was made. It
was mentioned that not all members of the CRC were present during the meeting in which the
vote was taken. Member Andrews mentioned that he did not attend this meeting and expressed
that he is not in support of this recommendation. Chairman Gulliford explained that all except
for two members of the Committee voted/ranked to have this recommendation as a priority. Vice
Chair Shaughnessy provided brief historical background and explained how this
recommendation came about. Member Golombek clarified that there was a majority of the
Committee that provided a ranking of the recommendations, all but two. She expressed that she
would've voted against this issue. Member Hansen expressed that he is not in support of this
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Agenda Item #1.A.
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Commission Workshop
May 20, 2024
recommendation, but he is however, in support of placing this on a ballot to allow citizens the
opportunity to decide. Mayor Ford reiterated that he is not in support of this recommendation
but, respects those who would like it to be placed on the ballot.
Proposal #3
Commissioner Waters asked if this has ever been done. Chairman Gulliford expressed that the
City previously purchased Tide Views for potential use as a park. He expressed that the
committee's idea was to not allow parkland to be sold without the voice of the electorate.
Member Andrews expressed that parks are an important aspect of the City.
Proposal #4
Chairman Gulliford briefly explained that this recommendation is a cleanup.
Proposal #5
Chairman Gulliford expressed that this is not a recommendation but more of a suggestion from
previous discussions. Commissioner Bole opined that there should be a policy in place.
Commissioner Ring agreed with Commissioner Bole's suggestions.
Proposal #6
Chairman Gulliford read this recommendation, there was no discussion.
Proposals #7 and #8
Chairman Gulliford explained that this recommendation consists of two proposals. Member
Andrews briefly explained how the proposals came about. Vice Chair Shaughnessy cautioned
whether committees should be mentioned in the Charter. Member Reeves shared the same
concerns as Vice Chair Shaughnessy and emphasized tying up the hands of future Commissions.
Commissioner Kelly emphasized the importance of resiliency. Member Andrews clarified that
a part of the recommendation is not to add a committee but rather to add a sentence that will
showcase the importance of protecting the environment. Mayor Ford expressed that the
environmental importance can be placed into a mission statement. Vice Chair Shaughnessy
advised that the environment piece can go into the comprehensive plan and CA Gabriel
explained that it is a policy decision on where to place this recommendation.
Proposal #9
CC Bartle explained that this recommendation is reflective of the duties the City Clerk currently
performs.
Proposal #10
Chairman Gulliford briefly explained this recommendation as detailed in the agenda packet.
Proposal #11
Chairman Gulliford explained this proposal as detailed in the agenda packet. Mayor Ford
expressed that he is willing to discuss Commission pay and that he would bring it up at a
Commission meeting. Member Scott shared that the Florida League of Cities provides resources
regarding Commission salaries.
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Agenda Item #1.A.
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Commission Workshop
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Addendum proposals #1, #2 and #3 were discussed as detailed in the agenda packet.
Vice Chair Shaughnessy inquired about when the committee would be released from their duties.
CA Gabriel referenced the Charter, that once the report is accepted, rejected or amended by the
Commission, the committee is released from their duties.
Mr. Reeves suggested that the recommendations be cleaned up and tied together.
Mayor Ford provided a recap of the proposals that will be moved forward to bring back as part
of a resolution. Proposal numbers 1-4, 5, 9 and, addendum proposals numbers 1 and 2 will be
brought back as a part of a resolution.
3. NEXT STEPS
CA Gabriel clarified that the committee made charter recommendations and policy changes, the
charter review changes will be placed into a resolution, then placed into an ordinance, and turned
into ballot language. Mayor Ford requested that there are two opportunities for public comment
on the ordinance. Commissioner Ring asked additional clarifying questions. Discussion ensued
regarding taking the census into consideration.
There was a CONSENSUS from the Commission to direct the CM to develop a redistricting
ordinance.
MOTION: Accept the Charter Review Committee Report and to end the Committee.
Motion: Bruce Bole
Second: Michael Waters
Curtis Ford For
Bruce Bole (Moved By) For
Michael Waters (Seconded By) For
Candace Kelly For
Jessica Ring For
Motion passed 5 to 0.
ADJOURNMENT
The meeting adjourned at 7:49 PM.
Attest:
Date Approved: ______________
Donna L. Bartle, City Clerk Curtis Ford, Mayor
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Agenda Item #1.A.
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Regular City Commission
May 28, 2024
MINUTES
Regular City Commission Meeting
Tuesday, May 28, 2024 - 6:30 PM
Commission Chamber
City Hall, 800 Seminole Road
Atlantic Beach, FL 32233
INVOCATION AND PLEDGE OF ALLEGIANCE
CALL TO ORDER:
Following the Pledge of Allegiance, Mayor Ford called the meeting to order at 6:30 PM. CC Bartle
called the roll.
ATTENDANCE:
Present: Curtis Ford, Mayor - Seat 1
Bruce Bole, Commissioner - Seat 2 (District 1308)
Michael Waters, Commissioner - Seat 3 (District 1307)
Candace Kelly, Commissioner - Seat 4 (District 1306)
Jessica Ring, Commissioner - Seat 5 (District 1312)
Also Present: William B. Killingsworth, City Manager (CM)
Kevin Hogencamp, Deputy City Manager (DCM)
Jason Gabriel, City Attorney (CA)
Donna Bartle, City Clerk (CC)
Ladayija Nichols, Deputy City Clerk (DCC)
Victor Gualillo, Police Chief (PC)
Amanda Askew, Planning & Community Development Dir. (PCDD)
1 APPROVAL OF MINUTES
1A. Approve minutes of the Town Hall meeting held on January 20, 2024.
Mayor Ford asked if there were any corrections or changes needed. There were no
corrections to the minutes. Mayor Ford stated the minutes stand as submitted.
1B. Approve minutes of the Regular Commission meeting held on May 13, 2024.
Mayor Ford asked if there were any corrections or changes needed. There were no
corrections to the minutes. Mayor Ford stated the minutes stand as submitted.
2. COURTESY OF FLOOR TO VISITORS
Mayor Ford explained the process for public comments and opened the Courtesy of the Floor to
Visitors.
PUBLIC COMMENT
Page 1 of 8
Agenda Item #1.B.
08 Jul 2024
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CC Bartle called each speaker to the podium.
Ellen Glasser spoke in support of Atlantic Beach Elementary (ABE) School and
expressed opinions on the Charter Review Committee (CRC) recommendations.
Sarah Boren provided suggestions for the CRC recommendations.
Carol Schwarz spoke about the CRC recommendations.
Lisa Herrold thanked the CRC and spoke about the proposed recommendations.
Susanne Barker spoke about the CRC recommendations.
Gretchen Deters-Murray provided recommendations to the CRC proposed
recommendations.
Elizabeth Rozas spoke about her work at the University of North Florida regarding
environmental stewardship.
Dan Giovanucci spoke about the importance of the environment being included in the
Charter revisions.
Nancy Staats spoke about the importance of the tree canopy, resiliency, and the
proposed Charter amendments.
Did not wish to speak:
Nathan Patrick Hale Jr. is in support of agenda item 8B.
Amy Palmer is in support of agenda item 8B.
Melissa Melba is in support of agenda item 8B.
Spoke:
Jackie Beckenbach spoke in support of environmental stewardship being a part of
the Charter amendments.
3. CITY MANAGER REPORTS
3.A. 90-Day Calendar (June-Aug. 2024)
CM Killingsworth reported as detailed in the agenda packet. He spoke about a
tentatively scheduled joint Commission and Community Development Board (CDB)
workshop for June 17, 2024. He spoke about Resolution No. 13-08 as it pertains to the
scheduling of Town Hall meetings. The Commission agreed to schedule the July Town
Hall for July 27, 2024. CM Killingsworth encouraged the Commission to begin thinking
about dates for budget workshops.
There was a CONSENSUS to accept the calendar as amended.
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Agenda Item #1.B.
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4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
Commissioner Bole
Expressed that the Memorial Day service went well.
He spoke about the importance of hurricane preparedness and inquired about the status
of the lifeguard station. PC Gualillo provided a brief update to the Commission.
Commissioner Kelly
Reminded everyone that the school year is almost over and encouraged everyone to
remain aware of kids playing in neighborhoods.
She asked about the status of the beach renourishment. Mayor Ford responded that the
renourishment was paused but is back operating.
Commissioner Ring
Asked about the status of the splash pad. CM Killingsworth responded that it is being
inspected and tested and is expected to be open the first week of June. She inquired about
the status of the Almost Home property. CM Killingsworth responded that the final
walkthrough is scheduled for this week, final paperwork has just bene received, and it is
scheduled to close on Thursday.
Commissioner Waters
Expressed his thanks and gratitude for the Memorial Day service. He spoke about the
emotions surrounding the possible closing of ABE.
Mayor Ford
Thanked Commissioner Ring for her speech regarding the possible closing of ABE.
5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
None.
6. CONSENT AGENDA
None.
7. COMMITTEE REPORTS
None.
8. ACTION ON RESOLUTIONS
8.A. RESOLUTION NO. 24-24
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AUTHORIZING THE EXPENDITURE OF A $200,000 US DEPARTMENT OF
TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION OFFICE OF
SAFETY FOR A SAFE STREETS AND ROADS FOR ALL GRANT AND $50,000
CITY FUNDS TO KIMLEY-HORN TO CREATE A VISION ZERO ACTION
PLAN; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS
AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY
TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
Mayor Ford read the title of the resolution.
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Agenda Item #1.B.
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Item was tabled to after Ordinance No. 20-24-173.
8.B. RESOLUTION NO. 24-28
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
ACCEPTING THE FINAL REPORT OF THE CHARTER REVIEW
COMMITTEE AND DIRECTING STAFF TO DRAFT AN ORDINANCE FOR
CITY COMMISSION CONSIDERATION MOVING THE CHARTER
AMENDMENT PROCESS FORWARD; PROVIDING FOR SEVERABILITY;
AND PROVIDING AN EFFECTIVE DATE.
Mayor Ford read the title of the resolution.
Mayor Ford explained the process for placing recommendations, as numbered in the
resolution, into an ordinance.
Commissioner Bole spoke about the reasoning behind the current charter wording.
Mayor Ford suggested discussing specific topics leading to simple administrative
changes. He addressed the proposed amendments as follows:
#4 – CA Gabriel explained the proposed changes regarding this item.
#7 – Mayor Ford stated this change is for clarification purposes.
#8 – CA Gabriel explained the proposed changes regarding this item.
CC Bartle offered clarification on the election certification process. A conversation
ensued regarding proposed amendment #4. The Commission agreed to keep the
proposed changes as is.
#3 - A conversation ensued regarding the suggested edits to the wording. The
Commission agreed to leave the suggested edits.
#1 - Mayor Ford agreed with the suggested edits. Commissioner Waters expressed
concerns about the proposed wording and preferred that no edits be made. Commissioner
Bole asked about the cost of previous primary elections. CA Gabriel mentioned he could
check the cost with the Supervisor of Elections. A conversation ensued regarding the
process of a primary election. Mayor Ford expressed that he has heard the comments and
that he would like to leave the proposed amendment as is and continue discussion at the
next Commission meeting.
#2 – Commissioner Bole explained why he does not support this item. Commissioner
Ring provided a summary of 2022 voting data she received from the Supervisor of
Elections. She expressed that she is not in support of this proposed amendment.
Commissioner Waters expressed that he is not in support of this proposed amendment.
Mayor Ford expressed that he is not in support of this proposed amendment. There was
a CONSENSUS to remove this proposed amendment from the recommendation to City
staff (to not move this recommendation forward).
#6 - Commissioner Bole asked for clarification regarding the suggested edits and CA
Gabriel explained the proposed changes and that it is a policy call when deciding on
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Agenda Item #1.B.
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where to place this recommendation. Commissioner Ring asked about previously added
priorities. CM Killingsworth clarified the priorities and stated that the proposed changes
would solidify the Commission’s authority. Commissioner Ring suggested the proposed
changes be put on the ballot for the citizens to vote on. Mayor Ford expressed that he is
not completely certain of this recommendation and advised postponing this topic to the
next meeting for further discussion.
#5 – The Commission agreed to include this item in an ordinance.
Mayor Ford summarized the discussion by stating everything would be included in an
ordinance, except proposal #2 and #8.
CM Killingsworth suggested keeping each item separate when placed on the referendum.
The Commission agreed to keep the items separate.
MOTION: Approve Resolution (No.) 24-28, striking #2, #8, and amending section one to
read City Commission hereby accepts the final report of the Charter Review Committee effective
May 20, 2024.
Motion: Bruce Bole
Second: Candace Kelly
CC Bartle discussed proposed amendment #4, she explained that Section 5 is not what would be
changed and that the changed Sections would be 14, 40, and 41. She recommended that
anywhere that it’s stated “the second Monday in November” be changed to the second Monday
in December. A conversation ensued regarding the wording of the item.
Motion passed unanimously 5 to 0.
MOTION: Amended Motion: Approve Resolution (No.) 24-28, striking #2, #8, and amending
section one to read City Commission hereby accepts the final report of the Charter Review
Committee effective May 20, 2024. Adding language to proposed amendment #4 to read “the
first regular scheduled meeting in December or the certification of election results, whichever is
latter.”
Motion: Bruce Bole
Second: Candace Kelly
Curtis Ford For
Bruce Bole (Moved By) For
Michael Waters For
Candace Kelly (Seconded By) For
Jessica Ring For
Motion passed 5 to 0.
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Agenda Item #1.B.
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9. ACTION ON ORDINANCES
9.A. ORDINANCE NO. 20-24-173, Public Hearing and Final Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY
OF ATLANTIC BEACH, FLORIDA FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2023 AND ENDING SEPTEMBER 30, 2024, AND PROVIDING AN
EFFECTIVE DATE.
The public hearing was opened, there were no speakers, the public hearing was closed.
Mayor Ford read the title of the ordinance.
MOTION: Approve Ordinance No. 20-24-173.
Motion: Jessica Ring
Second: Michael Waters
Commissioner Bole asked if this changed anything regarding the budget. CM Killingsworth
explained the appropriations.
Commissioner Kelly asked how the City qualified for this grant. PCDD Askew explained the
history and the requirements of the grant applied for and awarded.
Curtis Ford For
Bruce Bole For
Michael Waters (Seconded By) For
Candace Kelly For
Jessica Ring (Moved By) For
Motion passed 5 to 0.
8.A. RESOLUTION NO. 24-24
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AUTHORIZING THE EXPENDITURE OF A $200,000 US DEPARTMENT OF
TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION OFFICE OF
SAFETY FOR A SAFE STREETS AND ROADS FOR ALL GRANT AND $50,000
CITY FUNDS TO KIMLEY-HORN TO CREATE A VISION ZERO ACTION
PLAN; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS
AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY
TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
Mayor Ford read the title of the resolution, again.
MOTION: Adopt Resolution No. 24-24.
Motion: Michael Waters
Page 6 of 8
Agenda Item #1.B.
08 Jul 2024
Page 16 of 169
Regular City Commission
May 28, 2024
Second: Candace Kelly
Curtis Ford For
Bruce Bole For
Michael Waters (Moved By) For
Candace Kelly (Seconded By) For
Jessica Ring For
Motion passed 5 to 0.
10. MISCELLANEOUS BUSINESS
None.
11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS
None.
12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER
Commissioner Ring
Asked about the status of the removed proposed Charter amendments and when future
discussions would be held about them. CM Killingsworth mentioned the Commission
directed him to create ordinances to implement those specific items to be brought before
the Commission for consideration. Discussion ensued regarding policy changes. There
was a CONSENSUS to hold these discussions during regular meetings regarding these
changes.
Commissioner Bole
Mentioned that pulling proposed charter amendment #2 was one of the most important
things the Commission has done for the City.
Commissioner Kelly
Inquired about a closing date for the community survey. DCM Hogencamp mentioned
that it would close Friday, May 31, 2024. Mayor Ford asked when the Commission
would receive a report on the results. CM Killingsworth responded that the results would
be given to the Commission as soon as they were available.
CM Killingsworth
Asked the Commission for a date to schedule a joint workshop with the CDB. CM
Killingsworth expressed that he would discuss alternative date options with the other
meeting participants.
13. ADJOURNMENT
The meeting adjourned at 8:25 PM.
Attest:
Date Approved:________________________
Donna L. Bartle, City Clerk Curtis Ford, Mayor
Page 7 of 8
Agenda Item #1.B.
08 Jul 2024
Page 17 of 169
Regular City Commission
May 28, 2024
Page 8 of 8
Agenda Item #1.B.
08 Jul 2024
Page 18 of 169
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:90-Day Calendar for the City Commission
SUBMITTED BY:Adrianna Walsh,Executive Assistant to the City Manager
TODAY’S DATE:June 26,2024
MEETING DATE:July 8,2024
BACKGROUND:The 90-day calendar is included on the agenda for the purpose of setting
meeting dates and determining the location,time and whether to videotape special meetings and
workshops.The rolling 90-day calendar is routinely revised based on input from City staff and the
Commission,and is included in each agenda for consideration by consensus.
BUDGET:None
RECOMMENDATION:Accept the 90-Day Calendar for July-September 2024 by consensus
ATTACHMENT(S):City Commission 90-Day Calendar (J uly-September 2024)
REVIEWED BY CITY MANAGER:
Agenda Item #3.A.
08 Jul 2024
Page 19 of 169
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Agenda Item #3.A.08 Jul 2024
Page 22 of 169
\
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:Award Bid 2324-07 Sherman Creek Ditch Cleaning
SUBMITTED BY:Scott Williams,Public Works Director
TODAY’S DATE:June 18,2024
MEETING DATE:July 8,2024
BACKGROUND:The purpose of this project is to remove accumulateddebris and excessive
vegetation impeding drainage in Sherman Creek drainage ditch between the Fleet Landing
entrance on Mayport Road and the outfall of the drainage ditch to Puckett Creek.Stormwater
runoff from a large portion of the City,including Saltaire,the core city area and Beaches Town
Center are dependent on this drainage system.
The request for bids for this project included lump sum pricing for removing debris and excessive
vegetation in the drainage ditch from Fleet Landing to Mayport Road (Item 1)and a unit pricing
per 100 linear feet from up to 3,200 linear feet from Mayport Road to the outfall at Puckett Creek
(Item 2).The request for bids also speci?ed pricing options for either the contractor or the City to
haul and dispose of vegetation and debris removed from the drainage ditch.
On April 17,2024,two bids were received and opened for Bid 2324—07Sherman Creek Ditch
Cleaning.The bids ranged from $98,290 to $120,175 for Item 1,and from $4,681 to $13,464 per
100 linear feet for Item 2.After considering all options,United Land Services was selected for this
project as the bidder with the lowest overall combination of costs with a bid price of $120,175 for
Item 1 and $4,915 per 100 linear feet for Item 2 with United Land Services responsible for hauling
and disposal of all debris and vegetation.City Staff identi?ed 1,250 linear feet of drainage ditch
under Item 2 that are critical for cleaning and negotiated a price with United Land Services of
$61,438 for this portion of the project.The total contract price is $199,773.75 including 10%
contingency to account for any unexpected site conditions.
BUDGET:The project will be fully funded from $200,000.00 currently budgeted in Stormwater
Utility Fund Account 470-0000—538-63.00,project number PW2365 “Sherman Creek Drainage.”
RECOMMENDATION:Award Bid 2324—07in the amount of $199,773.75 to United Land
Services and authorize the City Manager to execute the contract.
ATTACHMENTS:Bid 2324-07 Sherman Creek Ditch Cleanin ap
Bid 2324-07 Sherman Creek Cleanin i a 111
REVIEWED BY CITY MANAGER:
Agenda Item #6.A.
08 Jul 2024
Page 23 of 169
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Agenda Item #6.A.08 Jul 2024
Page 24 of 169
Agenda Item #6.A.08 Jul 2024
Page 25 of 169
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Agenda Item #6.A.08 Jul 2024
Page 26 of 169
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Agenda Item #6.A.08 Jul 2024
Page 27 of 169
153w;430‘8'?"‘
5.2%5 .99
-52 Mai?
Jax Utilities Management
BIDFORMA
CITYBID NO.2324-07:SHERMANCREEKDITCHCLEANING
*BIDDERMUSTCOMPLETEBOTHBID A AND BIDB FORMS
Bid
Item DESCRIP?ON BIDPRICE
TRIMVEGETATIONOVERHANGINGCANALWITHIN10 FEETOF NORMALWATERLEVEL,REMOVETRASHAND
DEBRISALONGEMBANKMENTAREATO ANELEVATIONAPPROXIMATELY10FEETABOVENORMALWATER
LEVEL,ANDREMOVETRASHAND DEBRISFROMDRAINAGEDITCHCHANNELAT THEFOLLOWINGLOCATION
S:
NOTE:Dimensionsare approximate and may vary In width at some locations.
Field veri?cationis advised.
ram 1 Fleet Landing Boulevard[Fleet Landing entrance off Mayport Road at Assisi
ane to eastern side of Sherman Creek Canal culvert on Mayport Road adjacent to
rby’é),approximately 730 linear feet;CONTRACTORRESPONSIBLEFORHAULING 5
1A LLVEGETATION,TRASH,ANDDEBRISFOR OFFSITEDISPOSALAT AN APPROVED
LOCATION
Western side of Sherman Creek Canal PRICEPER100 LINEARFEET
culvert at Mayport Roadto con?uence
with Puckett Creek,approximately3200
linear feet;CONTRACTORRESPONSIBLE 5
2A FORHAULINGALLVEGETATION,TRASH,
AND DEBRISFOR OFFSITEDISPOSALAT
AN APPROVEDLOCATION
BASEBID(TOTALITEMS1A-2A)$
10%CONTINGENCYor BASEBID 5
TOTAL(BASEBID+10%CONTINGENCY $
BFU-
qg‘aqo?
Agenda Item #6.A.
08 Jul 2024
Page 28 of 169
BIDFORM B
CITYBIDNO.2324-07:SHERMANCREEKDITCI-lCLEANI
NG
*BIDDERMUSTCOMPLETEBOTHBIDA AND BID 8 FORM
Jax Utilities Management
Bid
Item DESCRIPTION BID PRICE
TRIMVEGETATIONOVERHANGINGCANALWITHIN10 FEETOF NORMALWATERLEVEL,REMOVETRASHAND
DEBRISALONGEMBANKMENTAREATO AN ELEVATIONAPPROXIMATELY10FEETABOVENORMAL WATER
LEVEL,AND REMOVETRASHAND DEBRISFROM DRAINAGEDITCHCHANNELAT THEFOLLOWINGLOCATION
S:
NOTE:Dimensionsare approximate and may vary In width atsame locations.
Field veri?mtionls advised.
ram 1 Fleet Landing Boulevard(Fleet Landing entrance off Mayport Road at Assisi
ane to eastern side of Sherman Creek Canalculvert on Mayport Roadadjacent to
13 rby‘s),approximately 730 linearfeet;CONTRACTORTO STACKVEGETATION,S
RASH,ANDDEBRISON RIGHTOF WAY ADJACENTTO SIDEWALKFORCOLLECTION
ND DISPOSALBYTHECITYOF ATLANTICBEACHPUBLICWORKSDEPARTMENT
Western side of Sherman Creek Canal PRICEPER100 LINEARFEET
culvert at Mayport Roadto confluence
with Puckett Creek,approximately 3200
linear feet;CONTRACTORT0 STACK
23
VEGETATION,TRASH,AND DEBRISON 5
RIGHTOF WAY ADJACENTTO SIDEWALK
FOR COLLECTIONAND DISPOSALBYTHE
CITYOF ATLANTICBEACHPUBLICWORKS
DEPARTMENT
BASEBID(TOTALITEMS13-23)S
10%CONTINGENCYOF BASEBI S
“M ?n”-5TOTAL(BASEBID +10%CONTINGENCY
BFU-
Agenda Item #6.A.
08 Jul 2024
Page 29 of 169
:l‘llllla?Illllllll?i??????llld
BIDFORMA
CITYBIDNO.2324-07:SHERMANCREEKDITCHCLEANIN
G*BIDDERMUST COMPLETEBOTHBIDA AND BID B FORMS
$277,455.00
5 27,745.50
$305,200.50
Bid
Item DESCRIPTION BIDPRICE
TRIMVEGETATIONOVERHANGINGCANALWITHIN10 FEETOF NORMALWATER LEVEL,REMOVETRASHAND
DEBRISALONGEMBANKMENTAREATO AN ELEVATIONAPPROXIMATELY10 FEETABOVENORMALWATER
LEVEL,AND REMOVETRASHAND DEBRIS FROM DRAINAGEDITCH CHANNELAT THEFOLLOWINGLOCATION
S:
NOTE:Dimensions are approximate and may vary In width utsame locations.
Field verificationls advised.
mm 1 Fleet Landing Boulevard (Fleet Landing entrance 0 Mayport Road at Assisi
an to eastern side of Sherman Creek Canal culvert on Mayport Road adjacent to
Arby’s),approximately 730 linear feet;CONTRACTORRESPONSIBLEFORHAULING s 120,175.00
ALLVEGETATION,TRASH,ANDDEBRISFOROFFSITEDISPOSALAT AN APPROVED
OCATION
Western side of Sherman Creek Canal PRICE PER 100 LINEARFEETculvertatMayportRoadtoconfluence
with Puckett Creek,approximately 3200
2A linear feet;CONTRACTORRESPONSIBLE
FOR HAULlNGALLVEGETATION,TRASH,5ANDDEBRISFOROFFSITEDISPOSALAT
AN APPROVEDLOCATION
(IAL
10%CONTINGENCYOF BASEBID
TOTAL(BASEBID+10%CONTINGEN
BFU
157,280.00
4,915.00
Agenda Item #6.A.
08 Jul 2024
Page 30 of 169
BIDFORM B
CITYBIDNO.2324-07:SHERMANCREEKDITCHCLEANIN
G*BIDDERMUSTCOMPLETEBOTH BIDA AND BIDB FORM
268,288.00
26,828.80
295,116.80
Bid
Item DESCRIPTION BIDPRICE
TRIM VEGETATIONOVERHANGINGCANALWITHIN10 FEETOF NORMALWATER LEVEL,REMOVETRASHAND
DEBRISALONGEMBANKMENTAREATO AN ELEVATIONAPPROXIMATELY10 FEETABOVENORMALWATER
LEVEL,AND REMOVETRASHANDDEBRISFROM DRAINAGEDITCHCHANNELAT THE FOLLOWINGLOCATION
S:
NOTE:Dimensions are approximate and may vary in width at some locations.
Field verificationis advised.
From 1 Fleet Landing Boulevard (Fleet Landing entrance off Mayport Road at Assisi
Lane to eastern side of Sherman Creek Canalculvert on Mayport Road adjacent to
rby’s),approximately 730 linear feet;CONTRACTORTO s—TACKVEGETATION,$1 1 8,496.00
ASH,ANDDEBRISON RIGHTOF WAY ADJACENTTO SIDEWALKFOR COLLECTION
ND DISPOSALBYTHE CITYOF ATLANTICBEACHPUBLICWORKSDEPARTMENT
13
Western side of Sherman Creek Canai PRICEPER 100 LINEARFEET
culvert at Mayport Road to con?uence
with Puckett Creek,approximately 3200
linear feet;CONTRACTORTO STACK
VEGETATION,TRASH,AND DEBRISON '
RIGHTOF WAY ADJACENTTO SIDEWALK 5 468100
FOR COLLECTIONAND DISPOSALBYTHE
CITYOF ATLANTICBEACHPUBLICWORKS
DEPARTMENT
ZB
BASE BID (TOTAL ITEMS18-23)S
10%CONTINGENCYOF BASEBI.5
TOTAL(BASEBID1-10%CONTINGENCY S
BFU-
$149,792.00
Agenda Item #6.A.
08 Jul 2024
Page 31 of 169
Page 32 of 169
CITY OF ATLANTIC BEACH CITY
COMMISSION MEETING STAFF
REPORT
AGENDA ITEM:Cavalla Road Lift Station Improvements Engineering Services Agreement
SUBMITTED BY:Steve Swann,PE,City Engineer
TODAY’S DATE:June 26,2024
MEETING DATE:July 8,2024
BACKGROUND:On December 7,2023,the City of Atlantic Beach received two Request for
Quali?cationsResponses for the Cavalla Road Lift Station Improvements Project (RFQ 2024-03).The
objective of this RFQ is to retain the services of the most quali?ed engineering ?rm to provide design
and related services to the City for planning,permitting,design,development of bid documents and
bidding services for improvements to the Cavalla Road Li?Station.The goal of the project is to develop
a biddable set of plans and speci?cations for ?oodproo?ng this lift station for resiliency and protection
against the current and future predicted lOO-year ?ood event.
This project will be 50%funded through a Florida Department of Environmental Protection Resilient
Florida Implementation Grant,contract number 23FRP05.The remaining 50%will be funded through the
City’s Sewer Fund.
Proposals from two quali?ed ?rms were received.Staff reviewed the proposals and ranked the ?rms based
on the criteria speci?ed in the RFQ.Staff recommends awarding the contract to Kimley-Horn and
Associates,Inc.Staff have negotiated a scope of work and fee with Kimley-Horn and Associates,Inc.for
the engineering planning and design required for this project.The proposed fee for this work is not to
exceed $84,884.Upon completion of the engineering effort,the City will advertise this project for
construction.
BUDGET:Funds for this project are budgeted in the Sewer Fund under account 410-5506-535-6300,
project number PU2331.50%of project costs are reimbursable through a Florida Department of
Environmental Protection Resilient Florida Implementation Grant (23FRP05).
RECOMMENDATION:Award engineering services contract in the amount of $84,884 to Kimley-
Horn and Associates,Inc.for the project scope listed in RFQ 2024-03.
ATTACHMENT(S):1.Staff Ranking of RFQ2024-03 Submittals
2.Kimley-Horn and Associates Scope of Work &Fee Proposal
CITY MANAGER:
Agenda Item #6.B.
08 Jul 2024
Page 33 of 169
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Agenda Item #6.B.08 Jul 2024
Page 34 of 169
)HornKimley
12740 Gran Bay Parkway West,Suite 2350,Jacksonville FL 32258 904 828 3900
ATTACHMENT B
SCOPE OF SERVICES
COAB
CAVALLA ROAD LIFT STATION IMPROVEMENTS
PROJECT DESCRIPTION
The City of Atlantic Beach (“OWNER”or “COAB")has selected Kimley-Horn(“Kimley-Horn")to provide
professional services for the design and permitting of improvements to existing Cavalla Road Lif
tStation.The existing Cavalla Road LiftStation is located at 302 Cavalla Road,adjacent to a multi-family
residential property and Hopkins Creek,a drainage tributary to the Intracoastal Waten/vay.Kimley-
Hornunderstandsthattheliftstationisapproximately36yearsold,in fair condition,and was identified as
vulnerable to flooding based on a previous analysis.The lift station currently operates as a suction lif
tstationandhasbeenidentifiedasacandidateforconversiontoasubmersiblestation.This is a Florida
Department of Environmental Protection (FDEP)Resilient Florida grant funded project (23FRP05).
PURPOSE
The purpose of this project is for the upgrading and conversion of Cavalla Road Lift Station from a
suction lift station to a submersible pumping station.The previously issued recommendations consist
of;demolition of existing building,generator,and electrical panels,install a new watertight hatch forthe
wetwell,install new submersible pumps,upgrade onsite generator,electrical panels,and VFDs,install
privacy fencing,and elevate the electrical components above the Predicted 2044 100-year AE Flood
Zone.
Based on our onsite facility review meeting with staff,Kimley-Horn intends to re-purpose the existing
building to the extent possible.The liftstation improvements will consist of an elevated platform for the
generator and wall mounting the electrical system components within the building,above the 100-year
AE flood zone.
The purpose of this scope of services is to affirm the recommended improvements and to design and
permit the lift station improvements that will address resilience and aged infrastructure.
Kimley-Horn will provide the following scope of services including field investigations,construction
document development,and FDEP permit modification.
SCOPE OF SERVICES
Task 1 —Pro'ect Initiation and Mana ement
1_.1_Kickoff Meetin and Site Visit:Kimley Horn will coordinate,schedule,prepare for,and attend a
project kick-off which will consist of establishing the project goals,objectives,and schedule of
deliverables.Kimley—Hornwill develop an Agenda in advance of the Kick-Off Meeting and
kimley-horn.com
Agenda Item #6.B.
08 Jul 2024
Page 35 of 169
Kimley )Horn Page 2
12740 Gran Bay Parkway West,Suite 2350,Jacksonville FL 32258 904 828 3900
provide to the attendees.Following the Kick-off meeting,Kimley-Horn will conduct an onsite
review of the existing facility and its operation.
Pro ress Meetin s:Kimley-Horn will coordinate and lead progress meetings as part of this
project.Kimley-Horn will develop Agenda prior to meetings and provide to meeting attendees.
Kimley—Hornwith develop meeting summaries and provide via email to attendees.The following
is a list of anticipated meetings:.Preliminary Findings and Recommendations
0 30%Review Meeting
a 60%Review Meeting
0 90%Review Meeting
Task 2 —Limited Site Surve
2.1
2.2
2.3
Topographic Survey:Kimley-Horn will retain a licensed professional surveyor to prepare a
boundary and topographic survey for the project limits.Existing utilities will be located by Level
B SUE performed by our utility locate sub-consultant.The utility locate sub-consultant will be
responsible for marking existing water,wastewater,and communication lines within the
proposed work areas.The survey scope will consist of the following elements:
1 Location of identified utilities that will interfere with the design or construction of the
pipelines.
2.Locate all surface evidence of utilities adjacent to the liftstation.Other than obtaining inverts
of accessible manholes,the location of underground utilities will be shown as delineated
by utilitylocate sub-consultant.Power poles will be located with overhead wires.
3.Establish finished ?oor elevation of existing building.
4.Survey will be prepared in NAVD 88 datum.
5.Any monumentation evidence of the property or existing rights-of—waywill be located.
7.Survey will be prepared in Florida East State Plane Coordinate System (NAD 83).
Subsurface Utilit En ineerin Kimley-Horn will retain a subconsultant to perform Level A
locates may be required to identify where utility con?icts may exist.This task includes up to 3
WH’s.
Evaluation of Pro osed lm rovements and Basis of Desi n Technical Memorandum:Kimley-
Horn will evaluate two alternative strategies to improve the station including:
Option 1:Convert existing liftstation into a submersible liftstation.
kimley-horn.m
Agenda Item #6.B.
08 Jul 2024
Page 36 of 169
Page 3Kimley
12740 Gran Bay Parkway West,Suite 2350,Jacksonville FL 32258 904 828 3900
Option 2:Evaluate flood proo?ng requirements for the existing wet pit/dry pit station;
Each option will be evaluated based on technical feasibility,permitability,operational ?exibility,
and the financial impact of each option.
Kimley-Hornwillprovide a concise basis of design memorandum and recommend a viable,cost-
effective means to upgrade the station to minimize risk associated with flooding.Basis of design
memorandum will provide preliminary pump sizing and an opinion of probable cost for
construction for the project.The development of the basis of design memorandum will consist
of the following efforts:
a.
b.
Kimley-Hornwill conduct an existing site plan review.
Kimley—Hornwill evaluate feasibility of converting the existing 6—footwet well into
a submersible pump station.
Kimley-Horn will evaluate the ability to elevate existing generator and electrical
controls to 2.5 feet above the Predicted 2044 100-year AE flood elevation,within
the existing building.
Kimley-Horn will evaluate FDEP requirements that need to be considered as part
of the station upgrades.
Kimley-Horn will evaluate and recommend improvements for the Cavalla Road Lift
station.
Kimley-Horn will develop a Basis of Design Technical Memorandum summarizing
?ndings and recommended lift station improvements.The report will summarize
recommended phasing and or considerations associated with maintenance of
plant operations during construction.Report will include preliminary engineer’s
opinion of probable cost.
Kimley—Hornwill provide a draft report for review via email.
Kimley-Horn will review draft report at one of the project progress meetings.
Kimley-Horn will solicit input and feedback at the review meeting,prior to finalizing
the final Preliminary Engineering Report.
Kimley-Horn will provide a signed and sealed report to COAB via email.
Task 3 Construction Document Develo ment
3.1 “30%”Conce t Desi n:Kimley-Horn will develop a preliminary lift station “30%"plan showing
the lift station site layout.Site considerations will be in accordance with standards set by the
COAB.Kimley-Horn will facilitate a design review meeting with COAB staff to discuss concept
plan,evaluations,?ndings,and recommendations associated with the design development.
kimi y—horn.
Agenda Item #6.B.
08 Jul 2024
Page 37 of 169
)Horn Page 4Kimle
12740 Gran Bay Parkway West,Suite 2350,Jacksonville FL 32258 904 828 3900
Following the meeting,Kimley-Horn will solicit input and feedback and provide documentation
of design decisions in a meeting summary.
3 2 ”60%”Prelimina Desi n:Kimley-Horn will prepare “60%”plan submittals for review.
Construction plans will consist of a cover sheet,survey,general notes,demolition plan,site
plan,lift station section and details,electrical plan,and preliminary instrumentation and control
plan.Kimley-Horn will prepare and submit “60%”and draft Technical Speci?cations in
accordance with requirements set by the COAB.The submittal will include an opinion of
probable cost (OPC).Under this subtask,Kimley—Hornwill coordinate and facilitate a “60%"
review meeting to solicit input and feedback prior to commencing 90%design.
33 “90%”Desi n:Kimley-Horn will prepare “90%"construction plan submittals for review.
Construction plans will consist of components from the “60%”plan set with the incorporation of
the COAB’s comments.The submittal will also include the civil and mechanical details,
structural details,electrical plan and details,and instrumentation and control plan.Kimley—
Hornwillprepareandsubmit“90%"and draft Technical Speci?cations in accordance with
requirements set by the COAB.The submittal will include an opinion of probable construction
OPC.Under this subtask,Kimley—Hornwill coordinate and facilitate a “90%”review meeting to
solicit input and feedback prior to commencing “100%"design and bid document development.
34 “100%”Bid Read Desi n:Kimley-Horn will prepare “100%"bid set construction plans for
review.Construction plans will consist of components from the "90%”plan set including the
Technical Speci?cations with the incorporation of the COAB’s comments.The submittal will
include an opinion of probable construction cost (OPC)and bid form.
Task 4 —Permittin
Kimley-Horn will develop permit submittal applications to support the construction and operation of the
proposed improvements.The anticipated required permits include:
a.FDEP Noti?cation/Application for Construction Wastewater Collection/Transmission
System (Form 62—604.300(3)(a).
Kimley—Hornwill respond to two (2)requests for additional information (RAls)for each permit
application.No federal,state,regional or local grant application preparation is included in this scope of
services.COAB will pay all permit application fees and costs directly to agencies or COABs.
Task 5 —Additional Services Allowance
ASSUMPTIONS AND CLARIFICATIONS
A.Kimley-Horn is entitled to rely on the completeness and accuracy of all information provided by
the COAB and other Kimley-Horns.
B.Kimley-Horn has no control over the cost of labor,materials,equipment,or over the
Contractor's methods of determining prices or over competitive bidding or market conditions.
kimley—
Agenda Item #6.B.
08 Jul 2024
Page 38 of 169
Page 5Kimley
Opinions of probable costs provided herein are based on the information known to Kimley—Horn
at this time and represent only the Kimley-Horn's judgment as a design professional familiar
with the construction industry.Kimley-Horn cannot and does not guarantee that proposals,
bids,or actual construction costs will not vary from its opinions of probable costs.
C.Kimley-Horn has no control over the actions of jurisdictional agencies or other
parties.Opinions as to the status of permits and entitlements or their suitability for any speci?c
purpose and as to the probability and timeframe for approvals are made solely on the basis of
available information and limited research conducted.Kimley-Horn does not guarantee that the
outcome of permits and entitlements or their suitability will not vary from its opinions or that all
issues affecting the site have been investigated.
D.Kimley-Horn does not guarantee the issuance of permits or approvals.If permits are issued
for this project,the conditions and expiration dates are the sole responsibility of the
COAB.Kimley-Horn is not responsible for extending time limited entitlements or
permits.Kimley-Horn can provide services to ?le for extensions,if applicable,provided the
COAB issues a direct written request for each requested entitlement,prior to the dates of
expiration.
E.The following assumptions were utilized to develop this scope of services:
a.All design and permit submittal reviews will be performed in a timely manner.
b.No easements will be required to construct and operate the proposed liftstation.
c.No environmental assessments or permitting is required.
SCHEDULE
Kimley-Horn will provide services as expeditiously as practicable with the goal of meeting the
following schedule:
Duration Start Day Completion
Task Task Descrrptlon (days)From NTP Days From NTP
1 Project Initiation and Management 210 O 210
210
12740 Gran Bay Parkway West,Suite 2350,Jacksonville FL 32258 904 828 3900
3 Construction Document Development 210
2 Limited Site Survey
4 Permitting
kimley-horn.
210150
Agenda Item #6.B.
08 Jul 2024
Page 39 of 169
Kimley )Horn
Task Task Description Fee Basis Amount
1 Project Initiation and Management Lump Sum $5,660
METHOD OF COMPENSATION
Kimley-Horn will perform Tasks 1-4 on a lump sum basis.
Services provided under this will be invoiced monthly.All invoices will include a description of services
provided.
FEE SCHEDULE
Page 6
Lump Sum $2,010
$84,884
3 Construction Document Development Lump Sum $51,555
2 Field Investigations and Preliminary Engineering Lump Sum $25,659
12740 Gran Bay Parkway West,Suite 2350,Jacksonville FL 32258 904 828 3900kimley-horn o
4 Permitting
Kimley-Horn reserves the right to reallocate amounts among tasks as necessary.All permitting,
application,and similar project fees will be paid directly by the COAB.
Total
Agenda Item #6.B.
08 Jul 2024
Page 40 of 169
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:Resolution No.24-33 authorizing the City to enter not the 2024
Justice Assistance Grant DirectProgram.
SUBMITTED BY:Victor Gualillo,Chief of Police
TODAY’S DATE:July 3,2024
MEETING DATE:July 8,2024
BACKGROUND:The Police Department is eligible to receive monies through a grant
program called the Justice Assistance Grant Direct (JAGD).This grant is administered by the
Florida Department of Law Enforcement (FDLE),Of?ce of Criminal Justice Grants.Awards under
Florida's JAGD program range from $1,000 to $10,000.This year,the ABPD was eligible for
$3,117 from the JAGD allocations.
The Police Department has identi?ed a grant project to fund training and certi?cation of police
instructors in reality-based training.This training would ensure department instructors are
equipped with the knowledge,skills,and abilities to deliver cutting-edge,best practice principles
in police scenario training for high liability areas including active threat response and use of force
scenarios.This type of training is often more prone to possible injury and liability.By having
department instructors certi?ed as reality-based training instructors,we can ensure training
provided by the department is both effective,up-to-date,and safe.
The JAGD is a reimbursement grant.The training will cost $3,900 to send and certify 3 instructors
at $1,300 each.The grant will fund $3,117 and the remainder will come from existing PD training
budget funds.
BUDGET:Funds are allocated in Police Department Account No.001-2002-
521-55-00.
RECOMMENDATION:Approve Resolution No.24—33authorizing the City to enter not the
2024 Justice Assistance Grant Direct Program.
ATTACHMENT(S):1.Resolution No.24-33
2.FDLE Grant Agreement
REVIEWED BY CITY MANAGER.
Agenda Item #8.A.
08 Jul 2024
Page 41 of 169
RESOLUTION NO.24-33
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY
TO ENTER INTO THE 2024 JUSTICE ASSISTANCE GRANT DIRECT PROGRAM;
AUTHORIZING ATLANTIC BEACH POLICE DEPARTMENT STAFF TO APPLY FOR
AND MANAGE THE GRANT PROCESS;AUTHORIZING THE MAYOR,CITY
MANAGER AND CITY ATTORNEY TO EXECUTE CONTRACTS AND PURCHASE
ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE
PROVISIONS OF THIS RESOLUTION;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,a Justice Assistance Grant Direct (J AGD)has been established by the Federal Government
and is administered by the State of Florida,The Florida Department of Law Enforcement (FDLE),Of?ce of
Criminal Justice Grants;and
WHEREAS,the Atlantic Beach Police Department is eligible to receive funds from the JAGD grant;and
WHEREAS,the Atlantic Beach Police Department is requesting authorization to apply for one grant
project using JAGD funds.This project will use $3,117 of said JAGD funds to attend reality-based training
instructor certi?cation;and
WHEREAS,the submission of a JAGD application requires CEO certi?cation and the application and
management of the grant process must be completed by a city department and miscellaneous grant amendments
must be authorized by a city of?cial.
NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows:
Section 1.The City Commission authorizes the City to enter into the 2024 Justice Assistance Grant Direct
Program.
Section 2.The City Commission authorizes Atlantic Beach Police Department staff to apply for and
manage the grant process.
Section 3.The City Commission authorizes the Mayor,City Manager,and City Attorney to execute
contracts and purchase orders in accordance with and as necessary to effectuate the provisions of this resolution.
Section 4.This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach,this 8thday of July 2024.
Attest:
Curtis Ford,Mayor
Donna L.Battle,City Clerk
Approved as to form and correctness:
Jason Gabriel,City Attorney
Agenda Item #8.A.
08 Jul 2024
Page 42 of 169
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee,FL 32308
AGREEMENT
Recipient:City of Atlantic Beach
Recipient SAM UEI:W22NQX64HDFS
Award Number:6N012
Award Period:04/01/2024 —12/31/2024
Award Title:D-6N012:JAGD Reality Based Training Project
Federal Funds:$3,117.00
Matching Funds:$0.00
Total Funds:$3,117.00
CFDA:16.738
Federal Award Number:15PBJA-23-GG-02972-MUMU
Federal Program:Edward Byrne Memorial Justice Assistance Grant (JAG)
Federal Awarding Agency:U.S.Department of Justice (USDOJ)
Pass-through Entity:Florida Department of Law Enforcement (FDLE)
Research &Development:No
Indirect Cost:No
An award agreement is entered into by and between the Florida Department of Law Enforcement (herein
referred to as "FDLE”or “Department")and the City of Atlantic Beach (herein referred to as “Recipient");
WHEREAS,the Department has the authority pursuant to Florida law and does hereby agree to provide federal
?nancial assistance to the Recipient in accordance with the terms and conditions set forth in the award
agreement,and
WHEREAS,the Department has available funds resulting from the federal award listed above,and
WHEREAS,the Recipient and the Department have each af?rmed they have read and understood the
agreement in its entirety and the Recipient has provided an executed agreement to the Department.
SCHEDULE OF APPENDICES
Appendix A —Scope of Work
Appendix B —Deliverables
Appendix C —Approved Budget
Appendix D —Award Contacts
Appendix E —Special Conditions
Appendix F —Standard Conditions
PERFORMANCE REPORTING
The Recipient shall provide Quarterly Performance Reports to the Department attesting to the progress
towards deliverables.Performance Reports are due no later than 15 days after the end of each reporting period.
Agenda Item #8.A.
08 Jul 2024
Page 43 of 169
For example:If the monthly reporting period is July 1-31,the Performance Report is due August 15“;if the
quarterly reporting period is January 1 —March 31,the Performance Report is due by April 15‘“.
The Recipient shall respond to the metrics in the electronic grant management system.Information provided
by the Recipient will be used by the Department to compile reports on project progress and metrics to the US.
Department of Justice.
Supporting documentation for performance must be maintained by Recipient and made available upon request
for monitoring purposes.Examples of supporting documentation include but are not limited to timesheets,
activity reports,meeting notices,delivery documents,public announcements,rosters,presentations,database
statistics,etc.
Failure to submit performance reports by the deadline will result in a withholding of funds until performance
reports are received.
FINANCIAL REPORTING
The State of Florida's performance and obligation to pay under this agreement is contingent upon an
appropriation by the Legislature.The Department will administer and disburse funds under this agreement in
accordance with $5.215.97,215.971,215.981 and 215.985,PS.
This is a cost reimbursement agreement.The Department will reimburse the Recipient for allowable
expenditures included in the approved budget (Appendix B)incurred during each reporting period.The
Recipient shall provide Quarterl Pa ment Re uests to the Department attesting to expenditures made during
the reporting period.These reports are due no later than 30 days after the end of each reporting period.For
example:if the monthly reporting period is July 1-31,the Payment Request is due August 30‘“;if the quarterly
reporting period is January 1 —March 31,the Payment Request is due by April 30‘“.
Using the electronic grant management system to record expenses,Payment Requests must clearly identify
the dates of services,a description of the specific contract deliverables provided during the reporting period,
the quantity provided,and the payment amount.All Payment Requests are reviewed and may be audited to the
satisfaction of the Department.The Department's determination of acceptable expenditures shall be conclusive.
The final Payment Request shall be submitted to the Department no more than 60 days after the end date of
the award.Any payment due under the terms of this agreement may be withheld until performance of services,
all reports due are received,and necessary adjustments have been approved by the Department.
The Recipient must maintain original supporting documentation for all funds expended and received under this
agreement in sufficient detail for proper pre-and post-audit and to verify work performed was in accordance
with the deliverable(s).Payment shall be contingent upon the Department’s grant manager receiving and
accepting the invoice and the associated supporting documentation.Supporting documentation includes,but is
not limited to:quotes,procurement documents,purchase orders,original receipts,invoices,canceled checks
or EFT records,bank statements,etc.The state’s Chief Financial Officer (CFO)reserves the right to require
further documentation on an as needed basis.
Failure to comply with these provisions shall result in forfeiture of reimbursement.
Page 2 of 29
Agenda Item #8.A.
08 Jul 2024
Page 44 of 169
Award Signatures
In witness whereof,the parties af?rm they each have read and agree to the conditions set fonh in Appendix c
and Appendix D of this agreement,have read and understand the agreement in its entirety and have executed
this agreement by their duly authorized of?cers on the date,month and year set out below.
Award ID:6N012
Award Title:D-6N012:JAGD Reality Based Training Project
Award Period:04/01/2024 —12/31/2024
Date:
Recipient
City of Atlantic Beach
Signature:
Typed Name and Title:
THIS IS NOT VALID UNTIL SIGNED AND DATED BY ALL REQUIRED PARTIES
Page 3 of 29
Date:
Typed Name and Title:Curtis Ford,Ma or
***If using a designee,sign in the “Chief Official Designee”section below.***
Chief Of?cial Designee (optional)
City of Atlantic Beach
Date:
Signature:
Florida Department of Law Enforcement
Office of Criminal Justice Grants
Typed Name and Title:Cod Menacof,Bureau Chief
Signature:
Agenda Item #8.A.
08 Jul 2024
Page 45 of 169
Appendix A -Scope of Work
Award Number'6N012
Recipient:City of Atlantic Beach
Award Title:D-6N012:JAGD Reality Based Training Project
Award Period:04/01/2024 -12/31/2024
Problem Identification
The Atlantic Beach Police Department (ABPD)is a municipal police department for the City of Atlantic
Beach located in Duval County.Currently,33 sworn positions serve the City of Atlantic Beach.The Atlantic
Beach Police Department serves just under 14,000 residents and thousands of daily visitors as one of
Jacksonville and Duval County's beach cities.
The department has two members who have attended reality-based training instructor certification.Both
members are senior command staff nearing or at eligibility for retirement.This is a concern as agency
instructors,who are designing and implementing training programs and curricula do not have the critical
knowledge,skills,and abilities in best practices for scenario and reality-based training.
The training is a priority to the agency as it will be placed in a potentially precarious and disadvantageous
position of creating and implementing training that may not be ideal,uses outdated concepts or techniques,
or could be dangerous for those participating in the training as has been seen in other locations where
of?cers were injured or killed during training.
Currently,the agency has training curriculums reviewed by instructors who can identify any observed
issues in the training plan;however,they don't necessarily oversee the delivery of the instruction.
Sco e of Work
The City of Atlantic Beach has identi?ed a reality—based training instructor certification course to send
current ABPD agency instructors to for certi?cation training.This training will equip them with the
knowledge,skills,and abilities to provide cutting-edge,best-practice principles to agency scenario training
ensuring more effective,and safer training.
The agency will send 3 instructors to this training.It is hosted in Sanford,FL over 5 days on 6/10/2024
through 6/14/2024 covering 40 hours.Grant funds would cover the cost of training registration,and the City
of Atlantic Beach will cover all salaries or travel expenses for the officers.
Page 4 of 29
Agenda Item #8.A.
08 Jul 2024
Page 46 of 169
Appendix B -Deliverables
Award Number:6N012
Recipient:City of Atlantic Beach
Award Title:D-6N012:JAGD Reality Based Training Project
Award Period:04/01/2024 -12/31/2024
Total payments for all deliverables will not exceed the maximum grant award amount.
Completion of registration as attested through the submission of the
payment request.
This is a cost reimbursement deliverable.Only allowable activities
Financial Consequences:completed as attested through the submission of the payment request will
be eligible for payment.
Deliverable Price:Total payments for this deliverable willbe approximately $3,117.00
Minimum Performance Criteria:
Page 5 of 29
Deliverable 1 Recipient will use federal grant funds to pay for training registrations.
Agenda Item #8.A.
08 Jul 2024
Page 47 of 169
Appendix C -Approved Budget
Award Number:6N012
Recipient:City of Atlantic Beach
Award Title:D-6NO12:JAGD Reality Based Training Project
Award Period:04/01/2024-12/31/2024
Award Amount:$3,117.00 $0.00 $3,117.00
Grant Funded Match Total
Standard Budget Terms
All items,quantities,and/or prices below are estimates based on the information available at the time of application.
The item(s)listed below may include additional individually priced,operationally necessary accessories,components,
and/or peripherals and may be categorized as a "kit","bundle","system"etc.
Award funds may be used to pay for any applicable shipping,freight,and/or installation costs.
Award funds will NOT be used to pay for extended warranties,service agreements.contracts,etc.,covering any periods
that extend beyond the award end date.Funds may be prorated for services within the award period.
Any costs that exceed the award allocation will be the responsibility of the Recipient.
H.Other Costs
ItemName Description Grant Funded Match Tota
lTrainingRegistrationTrainingregistrationcostsfor3membersto7.00 $3,117.
00attend5——dayreality-based training instructor
certi?cation course in Sanford,FL June 10-14,
2024 @ $1,300.00 per student (total $3,900).
H.Other Costs Subtotal:$3,117.00
Page 6 of 29
Agenda Item #8.A.
08 Jul 2024
Page 48 of 169
Appendix D:Award Contacts
Award Number'6N012
Recipient:City of Atlantic Beach
Award Title:D-6N012:JAGD Reality Based Training Project
Award Period:04/01/2024 12/31/2024
Recipient Grant Manager (GM)
Name:Chase Jamison
Title:Police Lieutenant
Address:850 Seminole Rd
Atlantic Beach,FL 32233-4445
Phone:904-247-5859
Email:cjamison@coab.us
Recipient Chief Official (CO)
Name:Curtis Ford
Title:Mayor
Address:800 Seminole Rd
Atlantic Beach,FL 32233-4445
Phone:904-247—5800
Email:cford@coab.us
Recipient Chief Financial Officer (CFO)
Name:Brittany Percell
Title:Finance Director
Address:800 Seminole Rd
Atlantic Beach,FL 32233-4445
Phone:904-247-5881
Email:bbrown@coab.us
Page 7 of 29
Agenda Item #8.A.
08 Jul 2024
Page 49 of 169
Appendix E:Special Conditions
Award Number:6N012
Recipient:City of Atlantic Beach
Award Title:D-6NO12:JAGD Reality Based Training Project
Award Period:04/01/2024 -12/31/2024
In addition to the attached standard conditions,the above-referenced grant project is subject to the special conditions set
forth below
80001 At the time of application review,it was noted the Recipient‘s SAM.gov registration will expire on
11/27/2024.In order to prevent delays in payment,the Recipient should renew their registration in
SAM.gov prior to the expiration date.
W0056 WITHHOLDING OF FUNDS:Within sixty (60)days of award,the Recipient must submit a current
EEO Certi?cation (EEOC)obtained from the Department of Justice,Office of Civil Rights EEO
Reporting Tool (httpszlleeop.ocr.ojp.gov/certsub/homepage)to the Office of Criminal Justice
Grants.
80088 A risk assessment completed at the time of application review determined this project is LOW-
RISK.As a result,backup documentation related to all grant—fundedexpenditures must be
maintained and made available to OCJG upon request.Documentation may include,but is not
limited to:procurement records (including quotes,competitive solicitations/bids,etc.),purchase
orders,packing slips,delivery/receivable documents,invoices,proof of payment,timesheets,
paystubs,activity logs,client activity logs,participant sign in sheets,billing documentation,travel
vouchers etc.
Page 8 of 29
Agenda Item #8.A.
08 Jul 2024
Page 50 of 169
htt s://www.ecfr.ov/
Appendix F —FY2023 Award Standard Conditions
The Florida Department of Law Enforcement (FDLE),Office of Criminal Justice Grants (OCJG)serves as the State
Administering Agency (SAA)for various federal award programs awarded through the US.Department of Justice (DOJ),
Office of Justice Programs (OJP).FDLE has been assigned as the certi?ed Fiscal Agent for the Project Safe Neighborhoods
awards by the US.Attorney.OCJG awards funds to eligible applicants,and requires compliance with the agreement and
Standard Conditions upon signed acceptance of the award.
The Department will only reimburse recipients for authorized activities specified in the agreement.Failure to comply with
provisions of this agreement,or failure to perform award activities as speci?ed,willresult in required corrective action
including but not limited to financial consequences,project costs being disallowed,withholding of federal funds and/or
termination of the project.
GENERAL REQUIREMENTS
All recipients must comply with the ?nancial and administrative requirements set forth in the following:
Current edition of the US.Department of Justice (DOJ)Grants Financial Guide
Office of Management and Budget (OMB)Uniform Grant Guidance (2 C.F.R.Part 200)
Subpart A,De?nitions
Subparts B—D,Administrative Requirements
Subpart E.Cost Principles
Subpart F,Audit Requirements and all applicable Appendices
Code of Federal Regulations:
2 C.F.R.§175.15(b),Award Term for Trafficking in Persons
28 C.F.R.§38,Equal Treatment for Faith-Based Organizations
28 C.F.R.§66,US.Department of Justice Common Rule for State and Local Governments
28 C.F.R.§83,Government-Wide Requirements for Drug-Free Workplace
28 C.F.R.§§18,22,23,30,35,42,61,and 63
US.Code:
Title 34,us.Code,Crime Control and Law Enforcement
Title 41,US.Code §4712,Enhancement of Contractor Protection from Reprisal for Disclosure of Certain lnforrnation
Title 34,US.Code,§10101 et seq,“Omnibus Crime Control and Safe Streets Act of 1968”
State of Florida General Records Schedule GS1-SL for State and Local Government Agencies:
and
State of Florida Statutes:
Section 112.061,Fla.Stat,Per diem/travel expenses of public of?cers,employees,authorized persons
Chapter 119,Fla.Stat,Public Records
Section 215.34(2),Fla.Stat,State funds;non-collectible items;procedure
Section 215.97,Fla.Stat.Florida Single Audit Act
Section 215.971,Fla.Stat,Agreements funded with federal or state assistance
Section 215.985,Fla.Stat,Transparency in government spending
Section 21 6.181 (6),Fla.Stat,Approved budgets for operations and ?xed capital outlay
DEFINITIONS
Award agreement means a legal instrument of ?nancial assistance between a Federal awarding agency or pass-through
entity and a non—Federal entity that,consistent with 31 U.S.C.6302,6304,is used to enter into a relationship the principal
purpose of which is to transfer anything of value from the Federal awarding agency or pass-through entity to the non-Federal
entity to carry out a public purpose authorized by a law of the United States (see 31 U.S.C.6101(3));and not to acquire
property or services for the Federal awarding agency or pass-through entity's direct bene?t or use;and is distinguished from
a cooperative agreement in that it does not provide for substantial involvement between the Federal awarding agency or
pass-through entity and the non-Federal entity in carrying out the activity contemplated by the Federal award.
Disallowed costs means those charges to a Federal award that the Federal awarding agency or pass-through entity
determines to be unallowable,in accordance with the applicable Federal statutes,regulations,or the terms and conditions
of the Federal award.
Page 9 of 29
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2023.9df
htt s://www.o .ov/do -?nancia|—uide-2022
Agenda Item #8.A.
08 Jul 2024
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Equipment means tangible personal property (including information technology systems)having a useful life of more than
one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the
non—Federalentity for financial statement purposes,or $5,000.See also the de?nitions of capital assets,computing devices,
general purpose equipment,information technology systems,special purpose equipment,and supplies in 2 C.F.R.§200.1.
Fiscal Agent refers to the agency responsible for the administration of the Project Safe Neighborhoods (PSN)award
programs.FDLE has been assigned as the certified Fiscal Agent for PSN awards.
Improper payment means any payment that should not have been made orthat was made in an incorrect amount (including
overpayments and underpayments)under statutory,contractual,administrative,or other legally applicable requirements.
Improper payment also includes any payment to an ineligible party,any payment for an ineligible good or service,any
duplicate payment,any payment for a good or service not received (except for such payments where authorized by law),
any payment that does not account for credit for applicable discounts,and any payment where insuf?cient documentation
prevents a reviewer from discerning whether a payment was proper.
Micro-purchase means a purchase of supplies or services using simplified acquisition procedures,the aggregate amount
of which does not exceed the micro-purchase threshold.The non-Federal entity uses such procedures in order to expedite
the completion of its lowest-dollar small purchase transactions and minimize the associated administrative burden and cost.
The micro-purchase threshold is set by the Federal Acquisition Regulation in 48 CFR Subpart 2.1 (De?nitions).It is $10,000
except as othenivise discussed in Subpart 2.1 of that regulation,but this threshold is periodically adjusted for in?ation.
Modified Total Direct Cost (MTDC)means all direct salaries and wages,applicable fringe bene?ts,materials and supplies,
services.travel,and up to the ?rst $25,000 of each award (regardless of the period of performance of the awards under the
award).MTDC excludes equipment,capital expenditures,charges for patient care.rental costs,tuition remission,
scholarships and fellowships,participant support costs and the portion of each award in excess of $25,000.Other items
may only be excluded when necessary to avoid a serious inequity in the distribution of indirect costs,and with the approval
of the cognizant agency for indirect costs.
Non-Federal entity is a state,local government,Indian tribe,institution of higher education (IHE),or nonpro?t organization
that carries out a Federal award as a recipient or subrecipient.
Non-federal pass-through entity is a non-Federal entity that provides an award to a recipient to carry out part of a Federal
program;the Florida Department of Law Enforcement (FDLE)is the non-federal pass-through entity forthis agreement,also
referred to as the State Administering Agency (SAA).
Performance goal means a target level of performance expressed as a tangible,measurable objective,against which
actual achievement can be compared,including a goal expressed as a quantitative standard,value,or rate.In some
instances (e.g.,discretionary research awards),this may be limited to the requirement to submit technical performance
reports (to be evaluated in accordance with agency policy).
Period of performance means the time during which the non-Federal entity may incur new obligations to carry out the work
authorized under the Federal award.The Federal awarding agency or pass-through entity must include start and end dates
of the period of performance in the Federal award (see §§200.211 Information contained in a Federal award paragraph
(b)(5)and 200.332 Requirements for pass-through entities,paragraph (a)(1)(iv)).
Protected Personally Identi?able Information (PII)means an individual's ?rst name or ?rst initial and last name in
combination with any one or more of types of information,including,but not limited to social security numbers;passport
numbers;credit card numbers;clearances;bank numbers;biometrics;date and place of birth;mother's maiden name;
criminal,medical,and financial records;and educational transcripts.This does not include PMthat is required by law to be
disclosed.(See also §200.79 Personally Identi?able Information (Pl|)).
Questioned cost means a cost that is questioned by the auditor because of an audit ?nding 1)that resulted from a violation
or possible violation of a statute,regulation.or the terms and conditions of a Federal award,including for funds used to
match Federal funds;2)where the costs,at the time of the audit,are not supported by adequate documentation;or 3)where
the costs incurred appear unreasonable and do not re?ect the actions a prudent person would take in the circumstances.
Simplified acquisition threshold means the dollar amount below which a non-Federal entity may purchase property or
services using small purchase methods.Non-Federal entities adopt small purchase procedures in order to expedite the
purchase of items costing less than the simpli?ed acquisition threshold.The simpli?ed acquisition threshold is set by the
Federal Acquisition Regulation at 48 C.F.R.Subpart 2.1 (De?nitions)and in accordance with 41 U.S.C.§1908.As of the
publication of this part,the simplified acquisition threshold is $250,000,but this threshold is periodically adjusted for in?ation.
(Also see de?nition of Micro-purchase,2 C.F.R.§200.67).
Subaward is an award provided by a pass-through entity to a recipient for the recipient to carry out part of a Federal award
received by the pass-through entity.It does not include payments to a contractor or payments to an individual who is a
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bene?ciary of a Federal program.A subaward may be provided through any form of legal agreement,including an
agreement that the pass-through entity considers a contract.
Recipient means a non-Federal entity that receives an award from a pass-through entity to carry out part of a Federal
program;but does not include an individual that is a bene?ciary of such program.
Supplies means all tangible personal property other than those described in §200.33 Equipment.A computing device is a
supply if the acquisition cost is less than the lesser of the capitalization level established by the non-Federal entity for
financial statement purposes or $5,000,regardless of the length of its useful life.See also §§200.20 Computing devices
and 200.33 Equipment.
For PSN:Task Forces are established by each USAO to collaborate with a PSN team of federal,state,local,and tribal
(where applicable)law enforcement and other community members to implement a strategic plan for investigating,
prosecuting,and preventing violent crime.
SECTION I:TERMS AND CONDITIONS
1.0 Payment Contingent on Appropriation and Available Funds -The State of Florida‘s obligation to pay under this
agreement is contingent upon an annual appropriation by the Florida Legislature.Furthermore,the obligation of the
State of Florida to reimburse recipients for incurred costs is subject to available federal funds.
2.0 Commencement of Project -If a project is not operational within 60 days of the original start date of the award
period or the date of award activation (whichever is later),the recipient must report by letter to the Department the
steps taken to initiate the project,the reasons for delay,and the expected start date.
If a project is not operational within 90 days of the original start date of the award period or the date of award activation
(whichever is later),the recipient must submit a second statement to the Department explaining the implementation
delay.
Upon receipt of the ninety (90)day letter,the Department shall determine if the reason for delay is justi?ed or shall,
at its discretion,unilaterally terminate this agreement and re-obligate award funds to other Department approved
projects.The Department,where warranted by extenuating circumstances,may extend the starting date of the project
past the ninety (90)day period,but only by formal written adjustment to this agreement.
3.0 Supplanting -The recipient agrees that funds received under this award will not be used to supplant state or local
funds,but will be used to increase the amounts of such funds that would,in the absence of federal funds,be made
available for award activities.
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4.0
5.0
6.0
7.0
8.0
9.0
Non-Procurement,Debarment and Suspension -The recipient agrees to comply with Executive Order 12549,
Debarment and Suspension and 2 C.F.R.§180,“OMB Guidelines To Agencies On Governmentwide Debarment
And Suspension (Non-procurement)”.These procedures require the recipient to certify it shall not enter into any lower
tiered covered transaction with a person who is debarred,suspended,declared ineligible or is voluntarily excluded
from participating in this covered transaction,unless authorized by the Department.Ifthe award is $100,000 or more,
the sub recipient and implementing agency certify that they and their principals:
1)Are not presently debarred,suspended,proposed for debarment,declared ineligible,sentenced to a denial of
federal benefits by a state or federal court,or voluntarily excluded from covered transactions by any federal
department or agency;
2)Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or
performing a public (federal,state,or local)transaction or contract under a public transaction;violation of federal
or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsi?cation or destruction of
records.making false statements,or receiving stolen property;
3)Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal,state.or
local)with commission of any of the offenses enumerated in paragraph (a)(ii)of the “Lobbying,Debarment and
Drug Free Workplace"certification;and
4)Have not within a three-year period preceding this application had one or more public transactions (federal,state,
or local)terminated for cause or default.
Federal Restrictions on Lobbying -In general,as a matter of federal law,federal funds may not be used by any
recipient or subrecipient at any tier,either directly or indirectly,to support or oppose the enactment,repeal,
modification.or adoption of any law,regulation,or policy,at any level of government.See 18 U.S.C.§1913.
Another federal law generally prohibits federal funds from being used by any recipient or subrecipient at any tier,to
pay any person to in?uence (or attempt to in?uence)a federal agency,a Member of Congress,or Congress (or an
official or employee of any of them)with respect to the awarding of a federal award or cooperative agreement,
subaward,contract,subcontract,or loan,or with respect to actions such as renewing,extending,or modifying any
such award.See 31 U.S.C.§1352.
State Restrictions on Lobbying -In addition to the provisions contained above,the expenditure of funds for the
purpose of lobbying the legislature or a state agency is prohibited under this agreement.
Additional Restrictions on Lobbying -The recipient understands and agrees that it cannot use any federal funds,
either directly or indirectly,in support of the enactment,repeal,modi?cation or adoption of any law,regulation or
policy,at any level of government,without the express prior written approval of the Of?ce of Justice Programs.
“Pay—to—Stay"-Funds from this award may not be used to operate a “pay-to-stay"program in any local jail.
Furthermore,no funds may be given to local jails that operate “pay-to-stay"programs.“Local jail",as referenced in
this condition,means an adult facility or detention center owned and/or operated by city,county,or municipality.It
does not includejuvenile detention centers.“Pay-to-stay"programs as referenced in this condition,means a program
by which extraordinary services,amenities and/or accommodations,not otherwise available to the general inmate
population,may be provided,based upon an offender's apparent ability to pay,such that disparate conditions of
con?nement are created for the same or similar offenders within a jurisdiction.
The Coastal Barrier Resources Act -The recipient will comply and assure the compliance of all contractors with
the provisions of the Coastal Barrier Resources Act (P.L.No.97-348)dated October 18,1982 (16 USC 3501 et seq.)
which prohibits the expenditure of most new federal funds within the units of the Coastal Barrier Resources System.
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10.0
11.0
12.0
13.0
14.0
15.0
16.0
17.0
1)
2)
18.0
19.0
Background Check -Whenever a background screening for employment or a background security check is required
by law for employment,unless othen/vise provided by law,the provisions of Section 435,Florida Statutes shall apply.
All employees in positions designated by law as positions of trust or responsibility shall be required to undergo
security background investigations as a condition of employment and continued employment.For the purposes of
the subsection.security background investigations shall include,but not be limited to,employment history checks,
fingerprinting for all purposes and checks in this subsection,statewide criminal and juvenile records checks through
the Florida Department of Law Enforcement,and federal criminal records checks through the Federal Bureau of
Investigation,and may include local criminal records checks through local law enforcement agencies.Such
background investigations shall be conducted at the expense of the employing agency or employee.
Confidentiality of Data -The recipient (or subrecipient at any tier)must comply with all confidentiality requirements
of 34 U.S.C.§10231 and 28 C.F.R.Part 22 that are applicable to collection,use,and revelation of data or information.
The recipient further agrees,as a condition of award approval,to submit a Privacy Certi?cate in accordance with the
requirements of 28 C.F.R.Part 22 and.in particular,28 C.F.R.22.23.Privacy Certification forms must be signed by
the recipient chief official or an individual with formal,written signature authority for the chief of?cial.
Conferences and Inspection of Work -Conferences may be held at the request of any party to this agreement.At
any time,a representative of the Department,of the US.Department of Justice,or the Auditor General of the State
of Florida,have the right of visiting the project site to monitor,inspect and assess work performed under this
agreement.
Insurance for Real Property and Equipment -The recipient must,at a minimum,provide the equivalent insurance
coverage for real property and equipment acquired or improved with Federal funds as provided to property owned
bv the non-Federal entitv.
Flood Disaster Protection Act -The subrecipient will comply with Section 102(a)of the Flood Disaster Protection
Act of 1973,Public Law 93-234,87 Stat.975,requiring that the purchase of ?ood insurance in communities where
such insurance is available as a condition of the receipt of any federal ?nancial assistance for construction or
acquisition purposes for use in any area that has been identi?ed as an area having special ?ood hazards.
General Appropriations Restrictions -The recipient must comply with all applicable restrictions on the use of
federal funds set out in federal appropriations statutes as set forth in the Consolidated Appropriations Act,2018.
Immigration and Nationality Act -No public funds will intentionally be awarded to any contractor who knowingly
employs unauthorized alien workers.constituting a violation of the employment provisions contained in 8 U.S.C.
Section 1324(3),Section 274(A)of the Immigration and Nationality Act (“INA”).The Department shall consider the
employment by any contractor of unauthorized aliens a violation of Section 274(A)of the INA.Such violation by the
recipient of the employment provisions contained in Section 274(A)of the INA shall be grounds for unilateral
cancellation of this contract by the Department.
For NCHIP &NARIP:Enhancement of Security -If funds are used for enhancing security,the recipient must:
Have an adequate process to assess the impact of any enhancement of a school security measure that is
undertaken on the incidence of crime in the geographic area where the enhancement is undertaken.
Conduct such an assessment with respect to each such enhancement;and submit to the Department the
aforementioned assessment in its Final Program Report.
Personally Identifiable Information Breaches -The recipient (or subrecipient at any tier)must have written
procedures in place to respond in the event of actual or imminent “breach”(OMB M-17-12)if it:1)creates,collects,
uses,processes.stores,maintains,disseminates,discloses,or disposes of “personally identi?able information (PI|)"
within the scope of an OJP award-funded program or activity,or 2)uses or operates a “federal information system”
(OMB Circular A-130).The recipient's breach procedures must include a requirement to report actual or imminent
breach of PII to FDLE’s Of?ce of Criminal Justice Grants for subsequent reporting to the OJP Program Manager no
later than 24 hours after an occurrence of an actual breach,or the detection of an imminent breach.
Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP
awards -Consistent with Executive Order 14074,“Advancing Effective,Accountable Policing and CriminalJustice
Practices To Enhance Public Trust and Public Safety,”OJP has prohibited the use of federal funds under this award
for purchases or transfers of speci?ed equipment by law enforcement agencies.In addition.OJP requires the
recipient,and any subrecipient (“subgrantee”)at any tier,to put in place speci?ed controls prior to using federal funds
under this award to acquire or transfer any property identi?ed on the “controlled equipment"list.The details of the
requirement are posted on the OJP web site at https://www.ojp.gov/funding/explore/prohibited-and-controlled-
equipment,and are incorporated by reference here.
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20.0 Exceptions regarding Prohibited and Controlled Equipment under OJP awards -Notwithstanding any provision
to the contrary in the other terms and conditions of this award,including in the condition regarding "Compliance with
restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards,"the requirements
for the "Transfer/Sale of Award-Funded Controlled Equipment to Other LEAs”and the requirements for the
“Transfer/Sale of Award-Funded Controlled Equipment to NON-LEAs"do not apply to this award.
SECTION II:CIVIL RIGHTS REQUIREMENTS
1.0
2.0
3.0
4.0
5.0
6.0
7.0
8.0
9.0
10.0
Participant Notificationof Non-discrimination FDLE does not discriminate on the basis of race,color,religion,
national origin,sex,disability or age in the delivery of services,bene?ts or in employment.
Title VI of the Civil Rights Act of 1964 -The recipient or subrecipient at any tier,must comply with all applicable
requirements of 28 CFR §42,speci?cally including any applicable requirements in Subpart E that relate to an equal
employment opportunity program.
Equal Employment Opportunity Certification (EEOC)-The recipient must submit an EEO Certification annually
within 120 days of award.
Equal Employment Opportunity Program (EEOP)-The recipient and/or implementing agency must comply with
all applicable requirements in 28 C.F.R.§42,Subpart E.
Recipients are advised to use the Office for Civil Rights EEO Reporting Tool to satisfy this condition
().
Title IX of the Education Amendments of 1972 -If the recipient operates an education program or activity,the
recipient must comply with all applicable requirements of 28 C.F.R.§54,“Nondiscrimination on the basis of sex in
education programs or activities receiving federal ?nancial assistance."
Partnerships with Faith-Based and other Neighborhood Organizations -The recipient or subrecipient at any tier,
must comply with all applicable requirements of 28 C.F.R.§38,“Partnerships with Faith-Based and other
Neighborhood Organizations",speci?cally including the provision for written notice to current or prospective program
bene?ciaries.
Americans with Disabilities Act -Recipients must comply with the requirements of the Americans with Disabilities
Act (ADA),Public Law 101-336,which prohibits discrimination on the basis of disability including provision to provide
reasonable accommodations.
Section 504 of the Rehabilitation Act of 1973 (28 C.F.R.§42,Subpart G)-Recipients must comply with all
provisions prohibiting discrimination on the basis of disability in both employment and the delivery of services.
Age Discrimination Act of 1975 -Recipients must comply with all requirements in Subpart |of 28 C.F.R.§42 which
prohibits discrimination based on age in federally assisted programs.
Limited English Proficiency (LEP)-In accordance with Department of Justice Guidance pertaining to Title VI of
the Civil Rights Act of 1964,42 U.S.C.§2000d,recipients of federal ?nancial assistance must take reasonable steps
to provide meaningful access to their programs and activities for persons with LEP.FDLE strongly advises recipients
to have a written LEP Language Access Plan.For more information visit
Finding of Discrimination -In the event a federal or state court or federal or state administrative agency makes,
after a due process hearing,a ?nding of discrimination on the grounds of race,color.religion,national origin,sex,or
disability against a recipient of funds,the recipient will forward a copy of the ?nding to FDLE and to the Of?ce for
Civil Rights,Of?ce of Justice Programs.
Filing a Complaint -If the recipient or any of its employees,contractors,vendors,or program bene?ciaries has a
discrimination complaint,they may ?le a complaint with the recipient,with FDLE,or with the Office for Civil Rights.
Discrimination complaints may be submitted to FDLE at Of?ce of the Inspector General,Post Of?ce Box 1489,
Tallahassee,Florida 32302—1489,or online at .Any discrimination complaints ?led with FDLE
will be reviewed by FDLE’s Inspector General and referred to the Of?ce for Civil Rights,the Florida Commission on
Human Relations,or the Equal Employment Opportunity Commission,based on the nature of the complaint.
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inf fdle.state.fl.us
www.leg.gov
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htt s://www.fd|e.state?.us/FDLE-Grants/Of?ce—of—Criminal-Justice-Grants/Contact—Us.
11.0
12.0
13.0
14.0
Discrimination complaints may also be submitted to the Office for Civil Rights,Of?ce of Justice Programs.U.S.
Department of Justice,810 7‘hStreet,Northwest,Washington,DC.20531,or by phone at (202)307-0690.
For additional information on procedures for ?ling discrimination complaints,please visit
Retaliation —In accordance with federal civil rights laws,the recipient shall not retaliate against individuals for taking
action or participating in action to secure rights protected by these laws.
Non-discrimination Contract Requirements -Recipients must include comprehensive Civil Rights
nondiscrimination provisions in all contracts funded by the recipient.
Pass-through Requirements -Recipients are responsible for the compliance of contractors and other entities to
whom they pass-through funds including compliance with all Civil Rights requirements.These additional tier
subrecipients must be made aware that they may ?le a discrimination complaint with the recipient,with FDLE,or with
the USDOJ Office for Civil Rights and provided the contact information.
Civil Rights Training Requirements —In accordance with Of?ce of Justice Programs (OJ P)requirements,the grant
manager of the recipient entity responsible for managing awards from FDLE Of?ce of Criminal Justice Grants,will
be required to complete a two part and maintain copies of the training certi?cates within their
award ?les to be provided upon request at monitoring.
SECTION III:FINANCIAL REQUIREMENTS AND RESPONSIBILTY
1.0
2.0
Fiscal Control and Fund Accounting Procedures -Allexpenditures and cost accounting of funds shall conform to
the DOJ Grants Financial Guide,the 28 C.F.R.§66,and 2 C.F.R.§200 as applicable,in their entirety.
Recipients are required to establish and maintain adequate accounting systems and ?nancial records and to
accurately account for funds awarded to them.Financial management systems must be able to record and report on
the receipt,obligation,and expenditure of award funds.Systems must also be able to accommodate a fund and
account structure to separately track receipts,expenditures,assets,and liabilities for awards,programs,and
additional tiered subrecipients.The awarded funds may or may not be an interest-bee?ng account,but any earned
interest must be accounted for as program income and used for program purposes before the federal award period
end date.Any unexpended interest remaining at the end of the federal award period must be refunded to the Office
of Criminal Justice Grants for transmittal to DOJ.
Match -The value or amount of any "non-federal share,"“match,"or cost-sharing contribution incorporated into the
approved budget is part of the "project cost"for purposes of the 2 C.F.R.§200 Uniform Requirements,and is subject
to audit.In general,the rules and restrictions that apply to award funds from federal sources also apply to funds in
the approved budget that are provided as "match"or through "cost sharing."
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SECTION IV:AWARD MANAGEMENT AND REPORTING REQUIREMENTS
1.0
2.0
3.0
4.0
5.0
6.0
Obligation of Funds -Award funds shall not be obligated prior to the start date,or subsequent to the end date,of
the award.Only project costs incurred on or after the effective date,and on or prior to the termination date of the
recipient's project are eligible for reimbursement.
Use of Funds -Federal funds may only be used for the purposes in the recipient’s approved award agreement.
Advance Funding -Advance funding may be provided to a recipient upon a written request to the Department.
Performance Reporting -The recipient shall submit Monthly or Quarterly Project performance achievements and
performance questionnaires to the Department,within ?fteen (15)days after the end of the reporting period.
Performance reporting must clearly articulate the activities that occurred within the reporting period,including
descriptions of major accomplishments,milestones achieved,and/or barriers or delays encountered.Additional
information may be required if necessary to comply with federal reporting requirements.Performance achievements
and performance questionnaires that are not complete,accurate,and timely may result in sanctions.as speci?ed in
Section IV,Award Management and Reporting Requirements.
Financial Consequences for Failure to Perform -In accordance with Section 215.971,Florida Statutes,payments
for state and federal financial assistance must be directly related to the scope of work and meet the minimum level
of performance for successful completion.If the recipient fails to meet the minimum level of service or performance
identi?ed in this agreement,the Department will apply ?nancial consequences commensurate with the de?ciency.
Financial consequences may include but are not limited to withholding payments or reimbursement until the
de?ciency is resolved,tendering only partial payment/reimbursement,imposition of other ?nancial consequences
according to the Standard Conditions as applicable,and/or termination of contract and requisition of goods or
services from an alternate source.Any payment made in reliance on recipient’s evidence of performance,which
evidence is subsequently determined to be erroneous,will be immediately due to the Department as a refund.
Award Amendments -Recipients must submit an award amendment through the electronic grant management
system for major substantive changes such as changes in project activities or scope of the project.target populations,
service providers,implementation schedules.and designs or research plans set forth in the approved agreement
and for any budget changes that affect a cost category that was not included in the original budget.Amendments are
also required when there will be a transfer of 10%or more of the total budget between budget categories,or there is
an indirect cost rate category change.
Recipients may transfer up to 10%of the total budget between current,approved budget categories without prior
approval as long as the funds are transferred to an existing line item.
Under no circumstances can transfers of funds increase the total budgeted award.
Retroactive (after-the—fact)approval of project adjustments or items not currently in the approved award will only be
considered under extenuating circumstances.Recipients who incur costs prior to approval of requested adjustments
do so at the risk of the items being ineligible for reimbursement under the award.
All requests for changes.including requests for project period extensions,must be submitted in the electronic grant
management system no later than thirty (30)days prior to award expiration date.
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7.0
8.0
9.0
10.0
Financial Expenditures and Reporting —The recipient shall close the expense reporting period either on a Monthly
or Quarterly basis.For any reporting period the recipient is seeking reimbursement,a payment request must also be
submitted in the grant management system.Closing of the reporting period and Payment Requests are due thirty
(30)days after the end of the reporting period with the exception of the final reporting period.
All project expenditures for reimbursement of recipient costs shall be submitted on the Project Expenditure Report
Forms prescribed and provided by the Office of Criminal Justice Grants (OCJG)through the electronic grant
management system.
All Project Expenditure Reports shall be submitted in sufficient detail for proper pre-audit and post-audit.
All reports must relate financial data to performance accomplishments.
An expenditure report is not required when no reimbursement is being requested;however,recipients should close
the associated reporting period in the electronic grant management system.
Before the "final"Payment Request will be processed,the recipient must submit to the Department all outstanding
Performance Achievements and must have satis?ed all withholding,special,and monitoring conditions.Failure to
comply with the above provisions shall result in forfeiture of reimbursement.
Project Income (PGI)-All income generated as a direct result of a project shall be deemed program income.
Program income from asset seizures and forfeitures is considered earned when the property has been adjudicated
to the benefit of the plaintiff (i.e.,law enforcement entity).
The recipient shall submit a PGI Earnings and Expenditures form in the electronic grant management system as
soon as PGI is earned or expended.Prior to expending funds,the recipient shall submit a PGI Spending Request
form for OCJG approval.All PGI expenditures must directly relate to the project being funded and must be allowable
under the federal award.
Additionally,any unexpended PGI remaining at the end of the federal award period must be submitted to OCJG for
transmittal to the Bureau of Justice Assistance.
Recipient Integrity and Performance Matters -Requirement to report information on certain civil,criminal,and
administrative proceedings to OCJG,SAM and FAPIlS.
The recipient must comply with any and all applicable requirements regarding reporting of information on civil,
criminal,and administrative proceedings connected with (or connected to the performance of)either this award or
any other grant,cooperative agreement,or procurement contract from the federal government.Under certain
circumstances,recipients of OJP awards are required to report information about such proceedings,through the
federal System for Award Management ("SAM"),to the designated federal integrity and performance system
("FAPIIS").
Verification and updating of Recipient Grant Manager contact information -The recipient must verify its
Recipient Grant Manager (GM)contact information in AmpliFund,including telephone number and e-mail address,
is current and correct.If any information is incorrect or has changed,an authorized user of the recipient must make
changes to the GM information in AmpliFund and provide the GM's contact information to the OCJG grant manager
within thirty days of the change.
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SECTION V:MONITORING AND AUDITS
1.0
2.0
3.0
4.0
5.0
6.0
7.0
8.0
9.0
Access to Records -The Florida Department of Law Enforcement,the Auditor General of the State of Florida,the
US.Department of Justice,the US.Comptroller General or any of their duly authorized representatives,shall have
access to books,documents,papers and records of the recipient and contractors for the purpose of audit and
examination according to the Financial Guide and the 28 C.F.R.§66.At any time,a representative of the Department,
the U.S.Department of Justice.or the Auditor General of the State of Florida,have the right to visit the project site
to monitor,inspect and assess work performed under this agreement.
The Department reserves the right to unilaterally terminate this agreement if the recipient or contractor refuses to
allow public access to all documents,papers,letters.or other materials subject to provisions of Chapter 119,Flon‘da
Statutes,unless specifically exempted and/or made con?dential by operation of Chapter 119,Florida Statutes,and
made or received by the recipient or its contractor in conjunction with this agreement.
The recipient will give the awarding agency or the General Accounting Of?ce,through any authorized representative,
access to and the right to examine all paper or electronic records related to the ?nancial assistance.
Assessments and Evaluations -The recipient agrees to participate in a data collection process measuring program
outputs and outcomes as outlined by the Of?ce of Justice Programs.The recipient agrees to cooperate with any
assessments,national evaluation efforts,and/or information or data collection requests related to activities underthis
award .
Monitoring -The recipient agrees to comply with FDLE’s award monitoring guidelines,protocols,and procedures;
and to cooperate with FDLE on all award monitoring requests,including requests related to desk reviews,enhanced
programmatic desk reviews,and/or site visits.The recipient agrees to provide FDLE all documentation necessary to
complete monitoring of the award.Further,the recipient agrees to abide by reasonable deadlines set by FDLE for
providing requested documents.Failure to cooperate with award monitoring activities may result in sanctions
affecting the recipient’s award,including,but not limited to:withholding and/or other restrictions on the recipient’s
access to funds,referral to the Office of the Inspector General for audit review,designation of the recipient as a FDLE
High Risk grantee,or termination of award(s).
Property Management -The recipient shall establish and administer a system to protect,preserve,use,maintain
and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to
federal property management standards set forth in the DOJ Grants Financial Guide.28 C.F.R.§66,2 C.F.R.§
200.313.This obligation continues as long as the recipient retains the property,notwithstanding expiration of this
agreement.
Award Closeout -Award Closeout will be initiated by the Department after the ?nal payment request has been
processed.The final payment request must be submitted within sixty (60)days of the end date of the award.All
performance achievements and performance questionnaires must be completed before the award can be closed.
High Risk Recipients -if a recipient is designated "high risk"by a federal award-making agency,currently or at any
time during the course of the period of performance under this award,the recipient must disclose that fact and certain
related information to FDLE’s OCJG.For purposes of this disclosure,high risk includes any status under which a
federal awarding agency provides additional oversight due to the recipient's past performance,or other programmatic
or ?nancial concerns with the recipient.The recipient's disclosure must include the following:1.The federal awarding
agency that currently designates the recipient high risk,2.The date the recipient was designated high risk,3.The
high-risk point of contact at that federal awarding agency (name,phone number,and email address),and 4.The
reasons for the high-risk status,as set out by the federal awarding agency.
Imposition of Additional Requirements -The recipient agrees to comply with any additional requirements that may
be imposed by OCJG during the period of performance for this award if the recipient is designated as "high-risk"for
purposes of the DOJ high-risk list.
Retention of Records -The recipient shall maintain all records and documents for a minimum of ?ve (5)years from
the date of the ?nal ?nancial statement and be available for audit and public disclosure upon request of duly
authorized persons.The recipient shall comply with State of Florida General Records Schedule GS1-SL for State
and Local Government Agencies:
Disputes and Appeals -The Department shall make its decision in writing when responding to any disputes,
disagreements,or questions of fact arising under this agreement and shall distribute its response to all concerned
parties.The recipient shall proceed diligently with the performance of this agreement according to the Department‘s
decision.if the recipient appeals the Department's decision,the appeal also shall be made in writing within twenty-
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ma
httpszllwww.01p.gov/dotguide-to-procurement-procedures
Reference
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one (21)calendar days to the Department's clerk (agency clerk).The recipient's right to appeal the Department's
decision is contained in Chapter 120,Florida Statutes,and in procedures set forth in Rule 28-106.104,Florida
Administrative Code.Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120,
Florida Statutes.
Failure to Address Audit Issues -The recipient understands and agrees that FDLE’s OCJG may withhold award
funds,or may impose award conditions or other related requirements,if (as determined by OCJG)the recipient does
not satisfactorily and promptly address outstanding issues from audits required by the 2 C.F.R.§200 Uniform
Requirements (or by the terms of this award),or other outstanding issues that arise in connection with audits,
investigations,or reviews.
Single Annual Audit -Recipients that expend $750,000 or more in a year in total federal award funding shall have
a single audit or program—speci?c audit conducted for that year.The audit shall be performed in accordance with the
OMB 2 C.F.R.§200 Subpart F —Audit Requirements and other applicable federal law.The contract for this
agreement shall be identi?ed in the Schedule of Federal Financial Assistance in the subject audit.The contract shall
be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract
number,CFDA number,award amount,contract period,funds received and disbursed.When applicable,the recipient
shall submit an annual financial audit that meets the requirements of2 C.F.R.§200 Subpart F,“Audit Requirements"
Section 215.97,Florida Statutes,"Florida Single Audit Act”and Rules of the Auditor General,Chapter 10.550,and
Chapter 10.650,"Local Governmental Entity Audits”and “Florida Single Audit Act Audits Nonpro?t and For-Pro?t
Organizations."
A complete audit report that covers any portion of the effective dates of this agreement must be performed and
submitted to the Federal Audit Clearinghouse within the earlier of thirty (30)calendar days after receipt of the auditor’s
report(s),or nine (9)months after the end of the audit period.Submissions must include required elements described
in Appendix X to 2 C.F.R.§200 on the specified Data Collection Form (Form SF—SAC).
Records shall be made available upon request for a period of five (5)years from the date the audit report is issued,
unless extended in writing by the Department.
Recipients that expend less than $750,000 in federal awards during a ?scal year are exempt from the Single Audit
Act audit requirements for that ?scal year.In this case,written noti?cation,in the form of the "Certi?cation of Audit
Exemption"form,shall be provided to the Department by the Chief Financial Of?cer,or designee,that the recipient
is exempt.This notice shall be provided to the Department no later than March 1 following the end of the fiscal year.
SECTION VI:AWARD PROCUREMENT AND COST PRINCIPLES
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Procurement Procedures -Recipients must have written procedures for procurement transactions.Procedures
must conform to applicable Federal law and the standards in 2 C.F.R.§§200.318—326.
This condition applies to agreements that OCJG considers to be a procurement "contract”,and not a second-tier
award.
The details of the advance approval requirement to use a noncompetitive approach in a procurement contract under
this award are posed on the OJP website at
Additional information on Federal purchasing guidelines can be found in the Guide to Procurements Under DOJ
Grants and Cooperative agreements at
Cost Analysis -A cost analysis must be performed by the recipient if the cost or price is at or above the $35,000
acquisition threshold and the contract was awarded non-competitively in accordance with Section 216.3475,Florida
Statutes.The recipient must maintain records to support the cost analysis,which includes a detailed budget,
documented review of individual cost elements for allowability,reasonableness,and necessity.See also:
Allowable Costs -Allowance for costs incurred under the award shall be determined according to the general
principles and standards for selected cost items set forth in the DOJ Grants Financial Guide,28 C.F.R.§66,“Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments",and 2 C.F.R.
Subpart E,“Cost Principles”.
Unallowable Costs -Payments made for costs determined to be unallowable by either the Federal awarding agency,
or the Department,either as direct or indirect costs,must be refunded (including interest)to FDLE and the Federal
Government in accordance with instructions that determined the costs are unallowable unless state or Federal statute
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Guide for State Ex enditures
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or regulation directs otherwise.See also 2 C.F.R.§§200300-309.
Unmanned Aircraft Systems (UAS)-The recipient agrees that no funds underthis award (including via subcontract
or subaward,at any tier)may be used for unmanned aircraft systems (UAS),which includes unmanned aircraft
vehicles (UAV),or for any accompanying accessories to support UAS.
Facial Recognition Technology (FRT)-In accepting this award,the recipient agrees that grant funds cannot be
used for Facial Recognition Technology (FRT)unless the recipient has policies and procedures in place to ensure
that the FRT will be utilized in an appropriate and responsible manner that promotes public safety,and protects
privacy,civil rights,andcivil liberties and complies with all applicable provisions of the US.Constitution,including
the Fourth Amendment‘s protection against unreasonable searches and seizures and the First Amendment’s
freedom of association and speech,as well as other laws and regulations.Recipients utilizing funds for FRT must
make such policies and procedures available to DOJ upon request.
Body Armor -Certification of body armor "mandatory wear"policies,and compliance with NIJ standards If recipient
uses funds under this award to purchase body armor,the recipient must submit a signed certi?cation that each law
enforcement agency receiving body armor purchased with funds from this award has a written "mandatory wear"
policy in effect.The recipient must keep signed certifications on ?le for any subrecipients planning to utilize funds
from this award for ballistic-resistant and stab-resistant body armor purchases.This policy must be in place for at
least all uniformed officers before any funds from this award may be used by an agency for body armor.There are
no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed of?cers
while on duty.For PSN,if recipient uses funds under this award to purchase body armor,the recipient is strongly
encouraged to have a “mandatory wear"policy in effect.There are no requirements regarding the nature of the policy
other than it be a mandatory wear policy for all uniformed officers while on duty.
Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased at any threat level,
make or model.from any distributor or manufacturer,as long as the body armor has been tested and found to comply
with applicable National Institute of Justice ballistic or stab standards,and is listed on the NIJ Compliant Body Armor
Model List.In addition,ballistic-resistant and stab-resistant body armor purchased must be made in the United States
and must be uniquely ?tted,as set forth in 34 U.S.C.10202(c)(1)(A).The latest NIJ standard information and the NH
Compliant Body Armor List may be found by following the links located on the NIJ Body Armor page:
Indirect Cost Rate -A recipient that is eligible to use the "de minimis"indirect cost rate described in 2 C.F.R.§
200.414(f),and elects to do so,must advise OCJG in writing of both its eligibility and its election,and must comply
with all associated requirements in the 2 C.F.R.§200 and Appendix Vll.
Sole Source -If the project requires a non-competitive purchase from a sole source,the recipient must complete
the Sole Source Justification for Services and Equipment Form and submit to OCJG upon application for pre-
approval.If the recipient is a state agency and the cost meets or exceeds $250,000,the recipient must also receive
approval from the Florida Department of Management Services (DMS)(See §287.057(5),Fla.Stat).Additional
details on the sole source requirement can be found at 2 C.F.R.§200 and the DOJ Grants Financial Guide.
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10.0 Personnel Services -Recipients may use award funds for eligible personnel services including salaries,wages,and
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fringe bene?ts,including overtime in accordance with the DOJ Grants Financial Guide Section 3.9 —Compensation
for Personal Services,consistent with the principles set out in 2 C.F.R.§200,Subpart E and those permitted in the
federal program’s authorizing legislation.Recipient employees should be compensated with overtime payments for
work performed in excess of the established work week and in accordance with the recipient's written compensation
and pay plan.
Documentation -Charges for salaries,wages,and fringe bene?ts must be supported by a system of internal controls
providing reasonable assurance that charges are accurate,allowable,and properly allocated.Documentation
supporting charges must be incorporated into the of?cial records of the organization.
Charges made to the Personnel Budget Category must reasonably re?ect the total time and activity for which the
employee is compensated by the organization and cover both federally funded and all other activities.The records
may include the use of subsidiary records as de?ned in the organization’s written policies.Where award recipients
work on multiple award programs or cost activities,documentation must support a reasonable allocation or
distribution of costs among speci?c activities or cost objectives.
Federal funds may not be used to pay cash compensation (salary plus bonuses)to any employee of the award
recipient at a rate that exceeds 110%of the maximum annual salary payable to a member of the federal government's
Senior Executive Service (SES)at an agency with a Certi?ed SES Performance Appraisal System for that year.An
award recipient may compensate an employee at a higher rate,provided the amount in excess of the compensation
limitation is not paid with federal funds.
Contractual Services -The recipient must maintain written standards of conduct covering con?icts of interest and
governing the actions of its employees engaged in the‘selection,award and administration of contracts as described
in 2 C.F.R.§200.318,General procurement.
Requirements for Contractors of Recipients -The recipient assures the compliance of all contractors with the
applicable provisions of Title |of the Omnibus Crime Control and Safe Streets Act of 1968,as amended 34 U.S.C.§
10101 et seq;the provisions of the current edition of the DOJ Grants Financial Guide (
and all other applicable federal and state laws,orders,circulars,or regulations.The recipient
must pass—through all requirements and conditions applicable to the federal award to any subcontract.The term
“contractor"is used rather than the term "vendor"and means an entity that receives a contract as de?ned in 2 C.F.R.
§200.22,the nature of the contractual relationship determines the type of agreement.
Approval of Consultant Contracts -Compensation for individual consultant services must be reasonable and
consistent with that paid for similar services in the marketplace.The Federal awarding agency and pass-through
entity must review and approve in writing all consultant contracts prior to employment of a consultant when the
individual compensation rate exceeds $650 (excluding travel and subsistence costs)per eight-hour day,or $81.25
per hour.A detailed justification must be submitted to and approved by FDLE,who will coordinate written approval
of the Federal awarding agency,prior to recipient obligation or expenditures of such funds.Approval shall be based
upon the contract's compliance with requirements found in the Financial Guide Section 3.6 Consultant Rates,28
C.F.R.§66,and applicable state statutes.The Department's approval of the recipient agreement does not constitute
approval of individual consultant contracts or rates.If consultants are hired through a competitive bidding process
(not sole source).the $650 threshold does not apply.
FFATA Reporting Requirements -Recipients that enter into awards of $30,000 or more should review the Federal
Funding Accountability and Transparency Act of 2006 (FFATA),website for additional reporting requirements at
Travel and Training -The cost of all travel shall be reimbursed according to the recipient's written travel policy.If
the recipient does not have a written travel policy,cost of all travel will be reimbursed according to State of Florida
Travel Guidelines Section 112.061,Florida Statutes.Any foreign travel must obtain prior written approval from the
Federal awarding agency and pass-through entity
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Expenses Related to Conferences,Meetings,Trainings,and Other Events -Award funds requested for
meetings,retreats,seminars,symposia,events,and group training activities and related expenses must receive
written pre-approval from the Federal awarding agency and pass-through entity and comply with all provisions in 2
C.F.R.§200.432 and DOJ Grants Financial Guide Section 3.10;Conference Approval,Planning,and Reporting.
Award applications requesting approval for meeting,training,conference,or other event costs must include a
completed Conference &Events Submission Form for approval prior to obligating award funds for these purposes.
Training and Training Materials -Any training or training materials that has been developed or delivered with award
funding under this award must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,
available at
Publications,Media,Websites,and Patents Ownership of Data and Creative Material -Ownership of material,
discoveries,inventions,and results developed,produced,or discovered subordinate to this agreement is governed
by the terms of the DOJ Grants Financial Guide,28 C.F.R.§§66,and 2 C.F.R.200.315.
Written,Visual,or Audio Publications -Publication costs for electronic and print media,including distribution,
promotion,and general handling are allowable.Ifthese costs are not identi?able with a particular direct cost objective,
it should be allocated as indirect costs.Publication includes writing,editing,and preparing the illustrated material
(including videos and electronic mediums).
Recipients must request pre-approval in writing for page charges for professional journal publications.All publication
materials must comply with provisions in 2 C.F.R.§200.461 and DOJ Grants Financial Guide.Section 3.9;Allowable
Costs —Publication.
Recipients must submit for review and approval one (1)copy of any written materials to be published,including web-
based materials and website content,to be paid under this award at least thirty (30)days prior to the targeted
dissemination date.
Any written,visual,or audio publications funded in whole or in part under this award,with the exception of press
releases,must contain the following statements identifying the federal award:
"This project was supported by [Federal Award Number]awarded by the [Bureau of Justice Assistance/Bureau
of Justice Statistics].The Bureau of Justice Assistance is a component of the Department of Justice's Of?ce of
Justice Programs,which also includes the Bureau of Justice Statistics,the National Institute of Justice,the Of?ce of
Juvenile Justice and Delinquency Prevention,the Of?ce for Victims of Crime,and the SMART Of?ce.Points of view
or opinions in this document are those of the author and do not necessarily represent the of?cial position or policies
of the U.S.Department of Justice."
Websites -Any Web site that is funded in whole or in part under this award must include the following statement on
the home page,on all major entry pages (i.e.,pages (exclusive of documents)whose primary purpose is to navigate
the user to interior content),and on any pages from which a visitor may access or use a Web-based service,including
any pages that provide results or outputs from the service:
"This Web site is funded in whole or in part through a grant from the Bureau of Justice Assistance,Of?ce of Justice
Programs,U.S.Department of Justice.Neither the U.S.Department of Justice nor any of its components operate,
control,are responsible for,or necessarily endorse,this Web site (including,without limitation,its content,technical
infrastructure,and policies,and any services or tools provided).”
The full text of the foregoing statement must be clearly visible on the home page.On other pages,the statement may
be included through a link,entitled "Notice of Federal Funding and Federal Disclaimer,"to the full text of the
statement.
Patents -Recipients are subject to applicable regulations governing patents and inventions,including government
wide regulations issued by the Department of Commerce (37 C.F.R.§401 and 2 C.F.R.§200.315(c)).
Recipients must promptly and fully report to FDLE and the Federal awarding agency if any program produces
patentable items,patent rights,processes,or inventions,in the course of work sponsored under this award.
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httgs://it.oig.gov/technologx—contacts.
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For NCHIP &NICS:Purchase of Automated Fingerprint Identification System (AFIS)-AFIS equipment
purchased under this award must conform to the American National Standards Institute (ANSI)Standard."Data
Format for the Interchange of Fingerprint,Facial &Other Biometric Information"(ANSI/NIST-ITL 1-2007 PART 1)
and any other applicable standards set forth by the Federal Bureau of Investigation (FBI).
Information Technology Projects
Criminal Intelligence Systems -The recipient agrees that any information technology system funded or supported
by the Office of Justice Programs funds will comply with 28 C.F.R.§23,Criminal Intelligence Systems Operating
Policies,if the Office of Justice Programs determines this regulation to be applicable.Should the Of?ce of Justice
Programs determine 28 C.F.R.§23 to be applicable,the Of?ce of Justice Programs may,at Its discretion,perform
audits of the system,as per 28 C.F.R.§2320(9).Should any violation of 28 C.F.R.§23 occur,the recipient may be
fined as per 34 U.S.C.§10231.The recipient may not satisfy such a ?ne with federal funds.
The recipient understands and agrees that no awarded funds may be used to maintain or establish a computer
network unless such network blocks the viewing,downloading.and exchanging of pornography.In doing so the
recipient agrees that these restrictions will not limit the use of awarded funds necessary for any federal,state,tribal,
or local law enforcement agency or any other entity carrying out criminal Investigations,prosecutions,or adjudication
activities.
State IT Point of Contact -The recipient must ensure that the State IT Point of Contact receives written notification
regarding any information technology project funded by this award during the obligation and expenditures period.
This is to facilitate communication among local and state governmental entities regarding various Information
technology projects being conducted with these award funds.In addition,the recipient must maintain an
administrative file documenting the meeting of this requirement.For a list of State IT Points of Contact,go to
The State IT Point of Contact will ensure the recipient’s project follows a statewide comprehensive strategy for
information sharing systems that improve the functioning of the criminal justice system,with an emphasis on
integration of all criminal justice components,law enforcement,courts,prosecution,corrections,and probation and
parole.
Interstate Connectivity -To avoid duplicating existing networks or IT systems in any initiatives funded by the Bureau
of Justice Assistance for law enforcement information sharing systems which involve interstate connectivity between
jurisdictions.such systems shall employ,to the extent possible,existing networks as the communication backbone
to achieve interstate connectivity,unless the recipient can demonstrate to the satisfaction of the Bureau of Justice
Assistance that this requirement would not be cost effective or would impair the functionality of an existing or
proposed IT system.
Interoperable Communications Guidance -Recipients using funds to support emergency communications
activities must comply with the current SAFECOM Guidance for Emergency Communication Grants,including
provisions on technical standards that ensure and enhance interoperable communications.Emergency
communications activities include the purchase of Interoperable Communications Equipment and technologies such
as voice-over-internet protocol bridging or gateway devices,or equipment to support the build out of wireless
broadband networks in the 700 MHZ public safety band under the Federal Communications Commission (FCC)
Waiver Order.SAFECOM guidance can be found at
Recipients interested in developing a public safety broadband network in the 700 MHz band in theirjurisdictions must
adhere to the technical standards set forth in the FCC Waiver Order,or any succeeding FCC orders,rules,or
regulations pertaining to broadband operations in the 700 MHz public safety band.The recipient shall also ensure
projects support the Statewide Communication Interoperability Plan (SCIP)and are fully coordinated with the full-
time Statewide Interoperability Coordinator (SWIC).If any future regulatory requirement (from the FCC or other
governmental entity)results in a material technical or ?nancial change in the project,the recipient should submit
associated documentation,and other material,as applicable,for review by the SWIC to ensure coordination.
Recipients must provide a listing of all communications equipment purchased with award funding (plus the quantity
purchased of each item)to FDLE once items are procured during any periodic programmatic progress reports.
Global Standards Package -In order to promote information sharing and enable interoperability among disparate
systems across the justice and public safety community,OJP requires the recipient to comply with DOJ's Global
Justice Information Sharing Initiative (DOJ's Global)guidelines and recommendations for this particular award.
Recipient shall conform to the Global Standards Package (GSP)and all constituent elements,where applicable.as
described at Recipient shall document planned approaches to information sharing and describe
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compliance to the GSP and appropriate privacy policy that protects shared information,or provide detailed
justification for why an alternative approach is recommended.
Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment -In accordance
with the requirements as set out in 2 C.F.R.§200.216,recipients are prohibited from obligating or expending award
funds to:
1)Procure or obtain;
2)Extend or renew a contract to procure or obtain;
3)Enter into a contract to procure or obtain equipment,services,or systems that use telecommunications
equipment or services as a substantial or essential component of any system,or as critical technology as part
of any system,produced by Huawei Technologies Company or ZTE Corporation (or a subsidiary or affiliate of
such entities).
Unreasonable Restrictions on Competition -This condition applies with respect to any procurement of property
or services funded (in whole or in part)by this award,by the recipient (or subrecipient at any tier),and regardless of
the dollar amount of the purchase or acquisition,the method of procurement,or the nature of any legal instrument
used.The provisions of this condition must be among those included in any subaward (at any tier).
1)Consistent with the (DOJ)Part 200 Uniform Requirements --including as set out at 2 C.F.R.200.300 and
200.319(a)—Recipient (or subrecipient at any tier)may (in any procurement transaction)discriminate against
any person or entity on the basis of such person or entity's status as an "associate of the federal government"
(or on the basis of such person or entity's status as a parent,af?liate,or subsidiary of such an associate),except
as expressly set out in 2 C.F.R.200.319(a)or as speci?cally authorized by USDOJ.
2)Monitoring of compliance with the requirements of this condition will be conducted by FDLE.
3)The term "associate of the federal government"means any person or entity engaged or employed (in the past
or at present)by or on behalf of the federal government --as an employee,contractor or subcontractor (at any
tier),award recipient or -subrecipient (at any tier),agent,or otherwise -—in undertaking any work,project,or
activity for or on behalf of (or in providing goods or services to or on behalf of)the federal government,and
includes any applicant for such employment or engagement,and any person or entity committed by legal
instrument to undertake any such work,project,or activity (or to provide such goods or services)in future.
4)Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,
or any person or other entity.to violate any federal law,including any applicable civil rights or nondiscrimination
law.
Non-Disclosure Agreements -No recipient or entity that receives a procurement contract or subcontract with any
funds under this award,may require any employee or contractor to sign an internal con?dentiality agreement or
statement that prohibits or othen/vise restricts,or purports to prohibit or restrict,the reporting of waste,fraud,or abuse
to an investigative or law enforcement representative of a federal department or agency authorized to receive such
information.
Confidential Funds and Confidential Funds Certi?cate -A signed certification that the Project Director or
Implementing Agency Chief Of?cial has read,understands,and agrees to abide by all conditions for con?dential
funds outlined in Section 3.12 of the is required for all projects that involve con?dential
funds.The signed certification must be submitted at the time of award application.Con?dential Funds certi?cations
must be signed by the recipient Chief Of?cial or an individual with formal,written signature authority for the Chief
Official.
Priorto the reimbursement of expenditures for con?dential funds,the recipient must compile and maintain a Cl Funds
Tracking Sheet to record all disbursements under the award.The completed form must be submitted with the
payment request for OCJG review.
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For JAG:Task Force Training Requirement —The recipient agrees that within 120 days of award,each current
member of a law enforcement task force funded with these funds who is a task force commander,agency executive,
task force of?cer,or other task force member of equivalent rank,will complete required online (internet—based)task
force training.The training can be accessed
All current and new task force members are required to complete this training once during the life of the award,or
once every four years if multiple awards include this requirement.This training addresses task force effectiveness
as well as other key issues including privacy and civil liberties/rights,task force performance measurement,personnel
selection,and task force oversight and accountability.
When FDLE awards funds to support a task force,the recipient must compile and maintain a task force personnel
roster along with course completion certificates.
For NCHIP &NARIP:Protective Order Systems -Any system developed with funds awarded under this
cooperative agreement will be designed to permit interface with the National Protective Order ?le maintained by the
FBI.
Environmental Protection Agency’s (EPA)list of Violating Facilities —The recipient assures that the facilities
under its ownership,lease or supervision which shall be utilized in the accomplishment of the Program Purpose are
not listed on the EPA’s list of Violating Facilities and that it will notify the Department of the receipt of any
communication from the Director of the EPA Of?ce of Federal Activities indicating that a facility to be used in the
project is under consideration for listing by the EPA.
National Environmental Policy Act (NEPA)—The recipient agrees to assist FDLE in complying with the NEPA,the
National Historic Preservation Act,and other related federal environmental impact analyses requirements in the use
of award funds by the recipient.This applies to the following new activities whether or not they are being specifically
funded with these award funds.That is,it applies as long as the activity is being conducted by the recipient or any
third party and the activity needs to be undertaken in order to use these award funds.Accordingly,the recipient
agrees to first determine if any of the following activities will be funded by the award,prior to obligating funds for any
of these purposes.
If it is determined that any of the following activities will be funded by the award,the recipient agrees to contact FDLE
OCJG.
1)New construction;
2)Any renovation or remodeling of a property located in an environmentally or historically sensitive area,including
properties located within a 100-year ?ood plain;a wetland,or habitat for endangered species,or a property listed
on or eligible for listing on the National Register of Historic Places;
3)A renovation,lease,or any other proposed use of a building or facility that will either (a)result in a change in its
basic prior use or (b)signi?cantly change its size;
4)Implementation of a new program involving the use of chemicals other than chemicals that are (a)purchased as
an incidental component of a funded activity and (b)traditionally used,for example,in office,household,
recreational,or educational environments;and
5)Implementation of a program relating to clandestine methamphetamine laboratory operations,including the
identification,seizure,or closure of clandestine methamphetamine laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental
Assessment and/or an Environmental Impact Statement,as directed by the Bureau of Justice Assistance.The
recipient further understands and agrees to the requirements for implementation of a Mitigation Plan,as detailed by
the Department of Justice at ,for programs relating to methamphetamine
laboratory operations.
National Historic Preservation Act -The recipient will assist the Department (if necessary)in assuring compliance
with section 106 of the National Historic Preservation Act of 1966 (54 U.S.C.§300.101 et seq.),Ex.Order 11593
(identi?cation and protection of historic properties),the Archeological and Historical Preservation Act of 1974 (54
U.S.C.312501-312508)and the National Environmental Policy Act of 1969 (43 C.F.R.46).
Human Research Subjects -The recipient agrees to comply with the requirements of 28 C.F.R.§46 and all Of?ce
of Justice Programs policies and procedures regarding the protection of human research subjects,including
obtainment of Institutional Review Board approval,if appropriate,and subject informed consent.
Page 25 of 29
SECTION VII:ADDITIONAL RE UIREMENTS
Agenda Item #8.A.
08 Jul 2024
Page 67 of 169
5.0
6.0
OQ
Disclosures
Conflict of Interest -The recipient and implementing agency will establish safeguards to prohibit employees from
using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict
of interest,or personal gain.Recipients must disclose in writing any potential con?ict of interest to FDLE (the non-
federal pass-through entity).
Violations of Criminal Law -The recipient must disclose all violations of state or federal criminal law involving fraud,
bribery or gratuity violations potentially affecting the award.
Uniform Relocation Assistance and Real Property Acquisitions Act -The recipient will comply with the
requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C.§4601 et
seq.),which govern the treatment of persons displaced as a result of federal and federally-assisted programs.
Limitations on Government Employees Financed by Federal Assistance -The recipient will comply with
requirements of 5 U.S.C.§§1501-08 and §§7321-26,which limit certain political activities of State or local
government employees whose principal employment is in connection with an activity financed in whole or in part by
federal assistance.
Funds to Association of Community Organizations for Reform Now (ACORN)Unallowable -Recipient
understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of any contract
or award to either the Association of Community Organizations for Reform Now (ACORN)or its subsidiaries,without
the express prior written approval of OJP.
Text Messaging While Driving -Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text
Messaging While Driving,"74 Fed.Reg.51225 (October 1,2009),and Section 316.305,Florida Statutes,the
recipient is encouraged to adopt and enforce policies banning employees from text messaging while driving any
vehicle during the course of performing work funded by this award and to establish workplace safety policies and
conduct education,awareness,and other outreach to decrease crashes caused by distracted drivers.
DNA Testing of Evidentiary Materials and Upload of DNA Profiles to a Database -If award funds are used for
DNA testing of evidentiary materials,any resulting eligible DNA profiles must be uploaded to the Combined DNA
Index System (CODIS),by a government DNA lab with access to CODIS.With the exception of Forensic Genetic
Genealogy,no profiles generated with award funding may be entered into any other non-governmental DNA
database without prior express written approval from BJA.Award funds may not be used for the purchase of DNA
equipment and supplies unless the resulting DNA pro?les may be accepted for entry into CODIS.Booking agencies
should work with their state CODIS agency to ensure all requirements are met for participation in Rapid DNA (see
National Rapid DNA Booking Operational Procedures Manual).
Forensic Genealogy Testing -Recipients utilizing award funds for forensic genealogy testing must adhere to the
United States Department of Justice Interim Policy Forensic Genealogical DNA Analysis and Searching and must
collect and report the metrics identi?ed in Section IX of the document to the Bureau of Justice Assistance.For more
information,visit
Environmental Requirements and Energy -For awards in excess of $100,000,the recipient must comply with all
applicable standards,orders,or requirements issued under section 306 of the Clean Air Act (42 U.S.C §85),section
508 of the Clean Water Act (33 U.S.C.§1368),Executive Order 11738,and Environmental Protection Agency
regulations (40 CPR.§1 seq.).The recipient must comply with mandatory standards and policies relating to energy
efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub.L.94-163,89 Stat.871),if any
Page 26 of 29
htt s:/lwww.ustice.ov/ol /a e/file/1204386/download
Agenda Item #8.A.
08 Jul 2024
Page 68 of 169
htt s://o ov/fundin /Ex lore/Interact-
0Q_|.GIOQ
Other Federal Funds -The recipient agrees that if it currently has an open award of federal funds or if it receives an
award of federal funds other than this award,and those awards have been.are being,or are to be used,in whole or
in part,for one or more of the identical cost items for which funds are being provided under this award,the recipient
will promptly notify,in writing the grant manager for this award,and,if so requested by OCJG seek a budget
modi?cation or change of project scope amendment to eliminate any inappropriate duplication of funding.
Trafficking in Persons -The recipient must comply with applicable requirements pertaining to prohibited conduct
relating to the traf?cking of persons,whether on the part of recipients.recipients or individuals de?ned as “employees"
of the recipient.The details of the recipient and recipient obligations related to prohibited conduct related to traf?cking
in persons are incorporated by reference and posted at
Requirement of the Award;Remedies for Non-Compliance or for Materially False Statements -Any materially
false,fictitious,or fraudulent statement to the Department related to this award (or concealment or omission of a
material fact)may be the subject of criminal prosecution (including under 18 U.S.C.§§1001,1621,and/or 34 U.S.C.
§10272),and also may lead to imposition of civil penalties and administrative remedies for false claims or othenrvise
(including under 31 U.S.C.§§3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms,that provision
shall ?rst be applied with a limited construction so as to give it the maximum effect permitted by law.Should it be held,
instead,that the provision is utterly invalid or unenforceable;such provision shall be deemed severable from this
award.
Employment Eligibility Verification for Hiring Under This Award -The recipient must ensure that as part of the
hiring process for any position that is or will be funded (in whole or in part)with award funds,the employment eligibility
of the individual being hired is properly verified in accordance with the provisions of 8 U.S.C.1324a(a)(1)and (2).
1)All persons who are or will be involved in activities under this award must be made aware of the requirement for
verification of employment eligibility,and associated provisions of 8 U.S.C.1324a(a)(1)and (2)that make it
unlawful in the United States to hire (or recruit for employment)certain aliens.
2)The recipient must provide training (to the extent necessary)to those persons required by this condition to be
noti?ed of the requirement for employment eligibility verification and the associated provisions of 8 U.S.C.
1324a(a)(1)and (2).
3)As part of the recordkeeping requirements of this award.the recipient must maintain records of all employment
eligibility veri?cations pertinent to compliance with this condition and in accordance with H)record retention
requirements.as well as pertinent records of noti?cations and trainings.
4)Monitoring of compliance with the requirements of this condition will be conducted by FDLE.
5)Persons who are or will be involved in activities under this award includes any and all recipient officials or other
staff who are or will be involved in the hiring process with respect to an award funded position under this award.
6)For the purposes of satisfying this condition,the recipient may choose to participate in,and use E-Verify (www.e-
verify.gov).provided an appropriate person authorized to act on behalf of the recipient entity uses E-Verify to
con?rm employment eligibilityfor each position funded through this award.
7)Nothing in this condition shall be understood to authorize or require any recipient,or any person or other entity,
to violate federal law,including any applicable civil rights or nondiscrimination law.
8)Nothing in this condition,including paragraph vi.,shall be understood to relieve any recipient,or any person or
other entity,of any obligation otherwise imposed by law,including 8 U.S.C.1324a(a)(1)and (2).
Determination of Suitability to Interact with Minors -This condition applies if it is indicated in the application for
award (at any tier)that a purpose of some or all of the activities to be carried out under the award is to benefit a set
of individuals under 18 years of age.
The recipient (or subrecipient at any tier),must make determinations of suitability before certain individuals may
interact with participating minors.The requirement applies regardless of an individual's employment status.
The details of this requirement are posted on the OJP website at
Page 27 of 29
htt s://o ov/fundin IE lore/ProhibitedConduct-
Traf?ckin .htm
Agenda Item #8.A.
08 Jul 2024
Page 69 of 169
Executive Order 13929
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26.0
Restrictions and Certifications Regarding Non-Disclosure Agreements and Related Matters -No recipient
under this award,or entity that receives a procurement contract with funds under this award,may require an
employee to sign an internal con?dentiality agreement that prohibits the reporting of waste,fraud,or abuse to an
investigative or law enforcement representative authorized to receive such information.
The foregoing is not intended,to contravene requirements applicable to classifiedinformation.In accepting this
award,the recipient:
1)Has not required internal con?dentiality agreements or statements from employees or contractors that currently
prohibit reporting waste,fraud,or abuse;
2)Certifies that,if it learns that it is or has been requiring its employees or contractors to execute agreements that
prohibit reporting of waste,fraud,or abuse,it will immediately stop any further obligations of award funds,will
provide prompt written notification to OCJG,and will resume such obligations only if expressly authorized to do
so by OCJG.
3)Will comply with requirements of 5 U.S.C.§§1501 -08 and 732126,which limit certain political activities of state
or local government employees whose principal employment is in connection with an activity financed in whole
or in part by federal assistance.
Safe Policing and Law Enforcement -Recipients that are state,local,college or university law enforcement
agencies must be in compliance with the safe policing certi?cation requirement outlined in
For detailed information on this certification requirement,see
For JAG:Extreme Risk Protection Programs -Recipients using funds for Extreme Risk Protection programs must
include,at a minimum:pre-deprivation and post-deprivation due process rights that prevent any violation or
infringement of the Constitution of the United States,including but not limited to the Billof Rights,and the substantive
or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the
United States,as applied to the States,and as interpreted by State courts and United States courts (including the
Supreme Court of the United States).Such programs must include,at the appropriate phase to prevent any violation
of constitutional rights,at minimum,notice,the right to an in-person hearing,an unbiased adjudicator,the right to
know opposing evidence,the right to present evidence,and the right to confront adverse witnesses;the right to be
represented by counsel at no expense to the government;pre-deprivation and post-deprivation heightened
evidentiary standards and proof which mean not less than the protections afforded to a similarly situated litigant in
Federal court or promulgated by the State's evidentiary body,and suf?cient to ensure the full protections of the
Constitution of the United States,including but not limited to the Bill of Rights,and the substantive and procedural
due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States,
as applied to the States,and as interpreted by State courts and United States courts (including the Supreme Court
of the United States).The heightened evidentiary standards and proof under such programs must,at all appropriate
phases to prevent any violation of any constitutional right,at minimum,prevent reliance upon evidence that is
unsworn or unaffirmed,irrelevant,based on inadmissible hearsay,unreliable,vague,speculative,and lacking a
foundation;and penalties for abuse of the program.
For RSAT:State Alcohol and Drug Abuse Agency —The recipient will coordinate the design and implementation
of treatment programs with the State alcohol and drug abuse agency or any appropriate local alcohol and drug abuse
agency,especially when there is an opportunity to coordinate with initiatives funded through the Justice Assistance
Grant (JAG)program.
For RSAT:Drug Testing -The recipient will implement or continue to require urinalysis or other proven reliable
forms of testing of individuals in correctional residential substance abuse treatment programs.Such testing shall
include individuals released from residential substance abuse treatment programs who remain in the custody of the
State.
For RSAT:Opioid Abuse and Reduction -The recipient understands and agrees that,to the extent that substance
abuse treatment and related services are funded by this award,they will include needed treatment and services to
address opioid abuse and reduction.
For RSAT:Data Collection -The recipient agrees that award funds may be used to pay for data collection,analysis,
and report preparation only if that activity is associated with federal reporting requirements.Other data collection,
analysis,and evaluation activities are not allowable uses of award funds.
For RSAT:Recipient understands and agrees that strategic planning activities funded by this award must include
planning on how to address individuals with co-occurn‘ng mental health and opioid use disorders.
For PSN:Coordination with U.S.Attorney and PSN Task Forces -The recipient agrees to coordinate the project
with the U.S.Attorney and Project Safe Neighborhoods Task Force(s)for the respective U.S.Attorney Districts
Page 28 of 29
Agenda Item #8.A.
08 Jul 2024
Page 70 of 169
27.0
28.0
29.0
30.0
covered by the award.The recipient also is encouraged to coordinate with other community justice initiatives and
other ongoing,local gun prosecution and law enforcement strategies.
For PSN:Media-related Outreach -The recipient agrees to submit to OCJG for review and approval by DOJ,any
proposal or plan for PSN media-related outreach projects.
For NCHIP &NARIP:Comprehensive Evaluation -In order to ensure that the National Criminal History
Improvement Program (NCHIP)and the NICS Act Record Improvement Program (NARIP)are realizing the objectives
in the most productive manner,the recipient agrees to participate in a comprehensive evaluation effort.It is
anticipated that the evaluation willtake place during the course of the program and will likely involve each participating
agency.It is expected that the evaluation will have a minimal impact on an agency’s program personnel and
resources.
For NCHIP &NARIP:Coordination and Compatibility with Systems —In accordance with federal award
conditions,recipient agrees all activities supported under this award must:
1)Be coordinated with Federal,State,and local activities relating to homeland security and presale ?rearm checks.
2)Ensure criminal justice information systems designed,implemented,or upgraded with NCHIP or NARIP funds
are compatible,where applicable,with the National Incident-Based Reporting System (NIBRS),the National
Crime Information Center system (NCIC 2000),the National Criminal Instant Background Check System (NICS),
the Integrated Automated Fingerprint Identification System (lAFIS),and applicable national,statewide or
regional criminal justice information sharing standards and plans.
3)lntend to establish or continue a program that enters into the National Crime Information Center (NCIC)records
of:(a)Protection orders for the protection of persons from stalking or domestic violence;(b)Warrants for the
arrest of persons violating protection orders intended to protect victims from stalking or domestic violence;and
(c)Arrests or convictions of persons violating protection orders intended to protect victims from stalking or
domestic violence.
For NCHIP &NARIP:Firearm and Background Checks —Consonant with federal statutes that pertain to firearms
and background checks --including 18 U.S.C.§922 and 34 U.S.C.Ch.409 --in connection with any use,by the
recipient (or any subrecipient at any tier),of this award to fund (in whole or in part)a speci?c project or program (such
as a law enforcement,prosecution,or court program)that results in any court dispositions,information,or other
records that are "eligible records"(under federal or State law)relevant to the National Instant Background Check
System (NICS),or that has as one of its purposes the establishment or improvement of records systems that contain
any court dispositions,information,or other records that are "eligible records"(under federal or State law)relevant
to the NICS,the recipient (or subrecipient,if applicable)must ensure that all such court dispositions,information,or
other records that are "eligible records"(under federal or State law)relevant to the NICS are promptly made available
to the NICS or to the “State"repository/database that is electronically available to (and accessed by)the NICS,and
--when appropriate --promptly must update,correct,modify,or remove such NICS-relevant “eligible records".
In the event of minor and transitory non—compliance.the recipient may submit evidence to demonstrate diligent
monitoring of compliance with this condition (including subrecipient compliance).DOJ will give great weight to any
such evidence in any express written determination regarding this condition.
Page 29 of 29
Agenda Item #8.A.
08 Jul 2024
Page 71 of 169
Page 72 of 169
CITY OF ATLANTIC BEACH
CITY COMMISSION
STAFF REPORT
AGENDA ITEM:Resolution No.24—34authorizing the City Manager to execute and deliver
an extension to the interlocal agreement between the City of Jacksonville and City of Atlantic
Beach for the coordination and provision of ?re and rescue services in Atlantic Beach by the
Jacksonville Fire and Rescue Department.
TODAY’S DATE:July 2,2024
MEETING DATE:July 8,2024
SUBMITTED BY:William B.Killingsworth,City Manager
BACKGROUND:For the past 25 years,the City of Atlantic Beach and City of Jacksonville
have been parties to an agreement concerning the coordination and provision of ?re and rescue
protection services to Atlantic Beach residents and businesses.That agreement expired on May
31,2024.Now,the City Atlantic Beach and City of Jacksonville desire to enter into a new
agreement,to be made effective as of June 1,2024,with a term of two years,unless earlier
terminated,to update and replace the expired ?re protection services agreement.
RECOMMENDATION:Commission approve Resolution No.24-34
BUDGET:$1,419,171.24 annually to increase 3%each year
ATTACHMENT:Resolution No.24-34
CITY MANAGER:
Agenda Item #8.B.
08 Jul 2024
Page 73 of 169
Attest:
Donna L.Bartle,City Clerk
RESOLUTION NO.24-34
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,
AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER
AN EXTENSION TO THE INTERLOCAL AGREEMENT BETWEEN THE
CITY OF ATLANTIC BEACH AND CITY OF JACKSONVILLE FOR THE
COORDINATION AND PROVISION OF FIRE AND RESCUE SERVICES;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,for the past 25 years,the City of Atlantic Beach and City of Jacksonville
have been parties to an agreement concerning the coordination and provision of ?re and rescue
protection services to Atlantic Beach residents and businesses;and
WHEREAS,that agreement expired on May 31,2024;and
WHEREAS,the City Atlantic Beach and City of Jacksonville desire to enter into a new
agreement,to be made effective as of June 1,2024,with a term of two (2)years,unless earlier
terminated,to update and replace the expired ?re protection services agreement and to provide an
effective,ef?cient means of delivering Advanced Life Support Fire and Rescue Service to Atlantic
Beach residents and businesses.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF ATLANTIC BEACH:
Section 1.Approval and Execution of Interlocal Agreement authorized and Effective
Date established.The Agreement is hereby approved and the City Manager,or his designee,is
hereby authorized to execute and deliver,for and on behalf of the City,the Agreement between
the City of Atlantic Beach and City of Jacksonville,to be made effective retroactively as of June
1,2024,in substantially the same form attached hereto as Exhibit 1,and incorporated herein by
this reference (the “Agreement”).
PASSED AND ADOPTED by the City of Atlantic Beach,this 8thday of July 2024.
Curtis Ford,Mayor
Approved as to form and correctness:
Jason Gabriel,City Attorney
Agenda Item #8.B.
08 Jul 2024
Page 74 of 169
AGREEMENT BETWEEN
THE CITY OF ATLANIC BEACH,FLORIDA
AND
CITY OF JACKSONVILLE,FLORIDA
THIS AGREEMENT,entered in duplicate this,Day of ,2024,by and
between THE CITY OF ATLANTIC BEACH,FLORIDA,a municipal corporation
(“Atlantic Beach”),and the CITY OF JACKSONVILLE,FLORIDA,a consolidated county,
and municipal government extending territorially through the geographic boundaries of Duval
County,Florida (“Jacksonville”).
WITNESSETH:
WHEREAS,Atlantic Beach can bene?t from the Advanced Life Support Fire and Rescue
Services offered by Jacksonville Fire and Rescue Department;and
WHEREAS,Jacksonville will bene?t from centralized communicationand
coordination relative to the delivery of Fire and Rescue Services;and
WHEREAS,the parties hereto desire to provide a method for said residents and
businesses,in Atlantic Beach to have such use of theAdvanced Life Support Fire and Rescue
Services available in the manner and under terms and conditions speci?ed herein;and
WHEREAS,the additionof an Advanced Life Support ?re engineand rescue and crews would
bene?t the citizens of AtlanticBeach and Jacksonville;and
WHEREAS,Jacksonvilledesiresto provideAdvancedLife Support Fire
and Rescue Services county wide;and
WHEREAS,it is the intent of the Agreement to provide an effective,ef?cient means
of delivering Advanced Life Support Fire‘and Rescue Services to Atlantic Beach residents and
businesses.
WHEREAS,Jacksonville would bene?t in having a station in Atlantic Beach which would
enhance ?rst response and provide backup capabilities to its other nearby ?re operatiOns;
NOW,THEREFORE,
IN CONSIDERATION of the mutual covenants here in contained and for other good
and valuable consideration,the parties agree as follows:
1.Incorporationof Recitals.The above stated recitals are true and correct and,by this reference,
are incorporated herein and made a part hereof.
54101751\?
Exhibit 1
Page 1 of 6
Agenda Item #8.B.
08 Jul 2024
Page 75 of 169
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Provision of Advanced Life Support Fire and Rescue Services to Atlantic Beach.
Beginning on the date that this Agreement is fully executed by both Atlantic Beach and
Jacksonville,Jacksonville will continue to provide Atlantic Beach with 24-hour (around the
clock)AdvancedLife Support Fire and Rescue Services.These services will be operated out
of the Atlantic Beach Fire Station de?ned as the Fire Bay and the living area north of the Bay
at 850 SeminoleRoad,Atlantic Beach Florida (the “Fire Facility”).
Jacksonvilleagrees to comply with NFPA 1710 response standards in the provision of ?re and
rescue servicesprovidedto Atlantic Beach.
Jacksonvilleagrees to issue,provide,and maintain all equipment which it deems necessary
for delivery of the Advanced Life Support and Fire and Rescue Services to Atlantic Beach.
Jacksonvilleshall have sole discretion to determine what equipment is necessary for delivery
of such services.At a minimum,those services will include an Advanced Life Support Engine
and Rescue.
Jacksonville will be responsible for the provisibnof all personnel,including recruitment,
assignment,hiring,training,payroll,benefits,etc.,necessary (in its sole judgment)for
provision of services under this Agreement;Atlantic Beach shall,for the entire term of this
Agreement,continue to pass annually an ordinance as required by §175.101,Florida Statutes,
assessing and imposing the excise tax 0n property insurance premiums authorized by that
section and shall remit all proceeds of said excise tax received from the State Comptroller’s
Of?ce to the Fund upon receipt.
Jacksonville agrees to be responsible for all ?re and rescue communications for Atlantic
Beach.Atlantic Beach will transfer all such calls it receives to Jacks0nville Fire/Rescue
dispatch as Atlantic Beach will continue to operate as a 911 Public Safety Answering Point
(PSAP).
Jacksonville will maintain the Fire Facility,including the payment of all utility bills,
telephones,equipment,furnishings,daily maintenance and repair,and similar expenses,with
the sole exception of exterior maintenance,lawn care and building insurance.A drawing of
the Fire Facility is attached as Exhibit “”.E
Jacksonville will provide full casualty,liability,personal property,and workers compensation
insurance.Jacksonvilleagrees to defendAtlantic Beach in all suits arising out of service being
delivered to Atlantic Beach by Jacksonville,subject to the limitations set forth in paragraph 1
4hereof.
Jacksonville will provide the following auxiliary services for Atlantic Beach:
Blood pressure checks at the Fire Facility for the Community.
Annual ?re hydrant testing of all ?re hydrants in Atlantic Beach
Annual and occupationalinspections of businesses.
2
54101751 v1
Exhibit 1
Page 2 of 6
Agenda Item #8.B.
08 Jul 2024
Page 76 of 169
d)Plan review of new and remodeled businessesand buildings.
e)Tours for school and community organizations.
f)CPR training (including refreshers),hazardous materials and similar training for Atlanti
cBeachemployees.
Atlantic Beach assures Jacksouvillethat these services are the only auxiliary services whichJacksonvillewillbeexpectedtoprovide.Atlantic Beach shall provide information toJacksonvilleregardingthemethod,fees,and locationfor providing such services.Jacksonvill
emaychargefeesforsuchservicesatthesameratethatitchargesforthesameservices in theCityofJacksonville.Notwithstandinganything to the contrary,Jacksonville shall not beobligatedtoprovidesuchservicesinAtlanticBeachmorefrequentlythansuchservicesareprovidedinJacksonville.
9.Jacksonville agrees to abide by all local,state,and federal laws in the performance of thisAgreement.
10.Jacksonvilleagrees to participatein the AtlanticBeach Safety Program.
11.Jacksonvilleagrees that its employees will conduct no personal business while on duty or usetheFireFacilityforsuchactivities.
12.Servicesto be provided by Atlantic Beach to Jacksonville:
a)Atlantic Beach will provide the Fire Facility at no rental expenseto Jacksonville.JacksonvilleshallmakenoalterationstothebuildingunlesssuchalterationshavebeenapprovedinwritingbyAtlanticBeach,which approval shall not be unreasonably withheld.Costs of suchalterationsshallbehomebyJacksonville.
b)Atlantic Beach will provide exteriormaintenanceand lawn care for the Fire Facility.
c)Atlantic Beach will provide and maintain the emergency generator at the Fire Facility neededfor?re necessities.
d)Atlantic Beach will provide the City Manager and the Fire and Rescue Directoras the point of
contact and liaison for issues arising out of this contract.
The Fire and Rescue Director will be responsible for addressing other JFRD issues related totheday-to-day operation.
13.Fees and Reimbursement:
Atlantic Beach shall pay Jacksonville $1 419 171.24,in quarterly payments,for the ?rst year
of this Agreement,beginning June 1,2024,for all services provided by Jacksonville pursuant
to the Agreement;provided,however,that said amount shall be adjusted in each subsequent
year of this Agreement by an amount equal to one hundred and three percent (103%)of the
previous year’s amount for all services provided by Jacksonville.
54101751v1
Exhibit 1
Page 3 of 6
Agenda Item #8.B.
08 Jul 2024
Page 77 of 169
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Payment of such amount shall be made by Atlantic Beach to Jacksonville no later than thirty
(30)days after receipt of a billing invoice at quarterly intervals from Jacksonville.
l4.Indemnification.
Subject to the provisions and limitations of Section 768.28,FloridaStatutes,Jacksonville shall
indemnify,hold harmless and defend Atlantic Beach from and against any claim,action,loss,
damage,injury,liability,cost,and expense of whatsoever kind or nature (including,but not by
way of limitation,attorneys fees and court costs)arising out of injury (whether mental or
corporeal)to persons,including death or damage to property,arising out of or incidental to any
negligent act of omission of Jacksonville in the operation and maintenance of the services
provided any facilities used under this Agreement.In no event shall Jacksonville be
responsiblefor any negligent act committedby Atlantic Beach.
15.Force Majeure.
The performanceby the parties of this Agreement is subject to Force Majeure and is contingent
upon,accidents,acts of God,?ood,regulations,or restrictions imposed by any governmental
agency (other than Jacksonville and Atlantic Beach),or other problems beyond the parties’
control.
16.Severability.
Should any provision hereof for any reason be held illegal or invalid,no other provision of this
Agreement shall be a?'ected;and this Agreement shall then be construed and enforced as if
such illegal or invalid provision had not been contained herein.
l7.Headings..
The headings in this Agreementare solely for convenience and shall have no effect on the legal
interpretationof any provision hereof.
18.Waiver.
The failure of any party to insist upon strict performance of this.The agreement or of any of
the terms or conditions hereof shall not be construed as a waiver of any of its rights hereunder.
19.Default.
If one of the parties to this Agreement shall fail to perform a material obligation hereunder,the
other party shall give the defaulting party thirty (30)days’written notice to cure such default.
Should the nonperforming party not cure such default within the thirty (30)days,the other
party shall have the right to terminate this Agreement without further notice.
20.Notice.
Each notice when required hereunder shall be deemed to have been given when mailed by US.
Postal Service certi?ed mail,postage prepaid addressed as follows:
a)City of Atlantic Beach
800 Seminole Road
Atlantic Beach,FL 32233
53101751 V1
Exhibit 1
Page 4 of 6
1‘!
Agenda Item #8.B.
08 Jul 2024
Page 78 of 169
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.I
__I
E g I II
-I
I
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-I
ll:
.W
I.II
Attention:City Manager
b)City of Jacksonville Fire and Rescue Department
515 N.Julia St.
Jacksonville,FL 32202
Attention:Director/FireChief
21.Attachments and Exhibits.
All Exhibits,attachments,appendices,and scheduleswhich may,from time to time,be referredtointhisAgreementorinanydulyexecutedamendmenthertoarebysuchreferenceincorporatedhereinandshallbedeemedapartofthisAgreementasfullyasifsetforthherein.The Exhibits attached hereto to the extent not completed at the time of execution hereof,shallconformsubstantiallytothedescriptionthereofcontainedoneachExhibitpageandmaybesuppliedbytheparties.
22.Rights and Obligations Not Transferable.
The rights and obligations of the parties hereunder are not assignable and may not betransferredwithoutthepriorwrittenconsentoftheotherpartyhereto,which will not beunreasonablywithheld.
23.Effective date of Agreement.
This Agreement shall become effective upon execution,but no later than June 1,2024,asauthorizedbyandthroughtheirrespectiveauthorizedrepresentatives,pursuant to suchproceduralrequirementsasareapplicabletoeachoftherespectiveparties.
24.Term.
The term of this Agreement shall be fromits effective date of June 1,2024,and continue for aperiodof2yearsunlessterminatedearlierbytheparties.If either party should desire toterminatethiscontractpriortotheexpiration,such party may do so by providing a two-monthnoticetotheotherparty.Such notice must be sent in writing to the City Manager of AtlanticBeachortheMayorofJacksonvilleandDirector/FireChief.
25.Governing Law.
The Agreement shall be governed in all respects by the laws of the State of Florida.
26.Negotiated Agreement.
The parties agree that they have had meaningful discussionand/or negotiation of the
provisions,terms and conditions contained in the Agreement.Therefore,doubtful,or
ambiguous provisions,if any,contained in this Agreement shall not be construed against the
party who physically prepared this Agreement.The rule commonly referred to as “Forti us
Contra Referendum”shall not be applied to this Agreement or any interpretation thereof.
27.Entire Agreement.
This Agreement constitutes the entire agreement by and between the parties hereto.No
statement,representation,writing,understanding,or agreement made by either party,or any
5
54101751 v1
Exhibit 1
Page 5 of 6
Agenda Item #8.B.
08 Jul 2024
Page 79 of 169
representativeof either party,which is not expressedherein shall be binding.All modi?cations
of,changes,alterations,revisions,or amendments to this Agreement,or to any of the terms,
provisions,and conditions hereof,shall be binding only when in writing and signed by the
authorized representativeof each of the parties hereto.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed
under their respective seals by their of?cers hereunto duly authorized as of the date ?rst above
written.
Mayor
64101751 V'
Exhibit 1
Page 6 of 6
City Manager
CITY OF VILLE
Mayor
Attest
CITY OF ATLANTIC BEACH
Agenda Item #8.B.
08 Jul 2024
Page 80 of 169
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:Resolution No.24-35 authorizing the City to enter to enter into the
2024 Justice Assistance Grant Direct Countywide Program
SUBMITTED BY:Victor Gualillo,Chief of Police
TODAY’S DATE:July 3,2024
MEETING DATE:July 8,2024
BACKGROUND:Justice Assistance Grants (JAG)are grants that have been
established by the Federal Government and are administered by the State of Florida.Atlantic
Beach has bene?tted from JAG grants for many years.The allocations for this grant must be
approved by at least 51%of the law enforcement agencies in Duval County.This year the total
amount of the awards for the Atlantic Beach Police Department is $61,210.
The award of this grant from the State of Florida has been approved.This grant can be used to
enhance law enforcement by supplementing existing nonfederal funds for program activities,
which may include the purchase of law enforcement equipment.The title of our project this year
is Investigative Technology Enhancements.This grant does not require any matching funds from
the city.The areas this money will be utilized for have been identi?ed as enhancements to
technology used to investigate criminal activity.
BUDGET:Funds are allocated in Police Department Account No.001-2001-
52-00.
RECOMMENDATION:Approve Resolution No.24-35 authorizing the City to enter into the
2024 Justice Assistance Grant Direct Countywide Program
ATTACHMENT(S):Resolution No.24-35
Draft of City of Atlantic Beac ap oval letter
REVIEWED BY CITY MANAGER:
Agenda Item #8.C.
08 Jul 2024
Page 81 of 169
Donna L.Bartle,City Clerk
Approved as to form and correctness:
Curtis Ford,Mayor
RESOLUTION NO.24-35
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY TO
ENTER INTO THE 2024 JUSTICE ASSISTANCE GRANT COUNTYWIDE PROGRAM;
AUTHORIZING ATLANTIC BEACH POLICE DEPARTMENT STAFF TO APPLY FOR
AND MANAGE THE GRANT PROCESS;AUTHORIZING THE MAYOR,CITY
MANAGER AND CITY ATTORNEY TO EXECUTE CONTRACTS AND PURCHASE
ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE
PROVISIONS OF THIS RESOLUTION;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,Justice AssistanceGrant Countywide (JAGC)Program funding opportunitieshave been
establishedby the Federal Government and are administered by the State of Florida,The Florida Department of Law
Enforcement (FDLE),Of?ce of Criminal Justice Grants;and
WHEREAS,allocation of JAGC funds provided to each County in Florida must be approved by at least
?fty-one percent of the local law enforcement agencies in that county;and
WHEREAS,the Atlantic Beach Police Department has agreed with the other local law enforcement entities
to accept the funding levels for the federal FY 2023;and
WHEREAS,the Atlantic Beach Police Department will use grant funds in the amount of $61,210.00 for
services or equipment that will enhance the technology used to investigate crimes in Atlantic Beach;and
WHEREAS,the submission of a JAGC application requires CEO and CLO certification and the application
and management of the grant process must be completed by authorized city representatives and miscellaneous grant
amendments must be authorized by various city of?cials.
NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows:
Section 1.The City Commission authorizes the City to enter into the 2024 Justice Assistance Grant
Countywide Program.
Section 2.The City Commission authorizes Atlantic Beach Police Department staff to apply for and manage
the grant process.
Section 3.The City Commission authorizes the Mayor,City Manager,and City Attorney to execute contracts
and purchase orders in accordance with and as necessary to effectuate the provisions of this resolution.
Section 4.This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach,this 8th day of July,2024.
Jason Gabriel,City Attorney
Attest:
Agenda Item #8.C.
08 Jul 2024
Page 82 of 169
Atlantic Beach Police Department
850 SeminoleRoad
AtlanticBeach,FL 32233
904-247-
July 8th,2024
Mr.Cody Menacof
Bureau Chief
Of?ce of Criminal Justice Grants
Florida Department of Law Enforcement
PO.Box 1489
Tallahassee,FL 32302-1489
Dear Mr.Menacof,
In compliance with State of Florida Rule 11D-9,F.A.C.,the City of Atlantic Beach
approves the distribution of $275,276 of Federal Fiscal Year 2023 Edward Byme
Memorial JAG Program funds for the following projects in Duval County'
Sub rantee/Im lementin A enc Pro'ect Pur ose
Amount
City of Atlantic Beach Investigative Technology Enhancements $61,210.00
City of Jacksonville Beach Criminal Intelligence Monitoring Center $53,601.00
City of Neptune Beach Law Enforcement Equipment $61,210.00
Cit of Jacksonville FY23 Crime Anal sis Ex ansion Continuation $99 255.00
Total:$275,276.00
Sincerely,
hkeus on
facebu
Curtis Ford
City of Atlantic Beach MayorWWW
3mm
AtlanticBeachPD
COURAGE *INTEGRITY *EXCELLENCE
Follpw us on
twitter
@AtlanticBeachPD
@AtlanticBeachPD
Agenda Item #8.C.
08 Jul 2024
Page 83 of 169
Page 84 of 169
REVIEWED BY CITY MANAGER:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:Ordinance Nos.33-24-25,33-24-26,33—24-27,33-24-28,33-24—
29and33—24-30proposing amending the Charter of the City of Atlantic
Beach;submitting the amendments to the Charter for consideration
by the electors;and providing for the appearance of the Charter
Amendments on the ballot.
SUBMITTED BY:Donna L.Bartle,City Clerk
TODAY’S DATE:June 26,2024
MEETING DATE:July 8,2024
BACKGROUND:On Jan.23,2023,the City Commission established the Charter
Review Committee by Resolution No.23-02 to conduct a comprehensive review of the City
Charter.The Committee held public meetings,received public input,and conducted a thorough
review of the City Charter.
On April 24,2024,the Charter Review Committee submitted its Final Report,which includes
proposed amendments to the City Charter,to the City Commission;and,at a May 20,2024,joint
workshop with the Charter Review Committee,the City Commission agreed by consensus to direct
staff to draft a resolution for the Commission’s consideration on May 28,2024.
On May 28,2024,the City Commission adopted Resolution No.24-28 accepting the Charter
Review Committee’s Final Report and directing staff to draft ordinances for City Commission
considerationmoving the Charter Amendment proposals forward.
On June 24,2024,the City Commission approved Ordinance Nos.33-24-25,33-24-26,33-24-27,
33-24-28,33-24-29 and 33-24-30 on ?rst reading.The second readings and public hearings are on
July 8,2024.
BUDGET:NA
RECOMMENDATION:Commission consider provin ‘nance N0.33—24-25.
ATTACHMENT:Ordinance No.33-24-25
Agenda Item #9.A.
08 Jul 2024
Page 85 of 169
ORDINANCE NO.33-24-25
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,FLORIDA
PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OF
ATLANTIC BEACH ARTICLE II,THE COMMISSION,SEC.6 —
POWERS;SUBMITTING THE AMENDMENT TO THE CHARTER FOR
CONSIDERATION BY THE ELECTORS OF THE CITY FOR APPROVAL
OR DISAPPROVAL;PROVIDING FOR THE APPEARANCE OF THE
CHARTER AMENDMENT ON THE BALLOT;AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,the City of Atlantic Beach,Florida,after receiving input from the Charter
Review Committee and from its citizens,?nds that the proposed amendment to the City Charter
as attached to this Ordinance should be submitted to the quali?ed electors 0f the City of Atlantic
Beach for consideration;and
WHEREAS,the City of Atlantic Beach,appreciates the diligent efforts of the Charter
Review Committee comprised of:Bruce Andrews,Debbie Buckland,Charles "Chip"Drysdale,
Kelly Elmore,Ellen Golombek,Kirk Hansen,Mitchell Reeves,Suzanne Shaughnessy,Jennifer
Lagner,Dawn Scott,Steve Swann,and Donald Young pursuant to and under the Chairmanship
of William "Bill"Gulliford;and
WHEREAS,the City Commission of the City of Atlantic Beach,Florida ?nds that the
adoption of this Ordinance is in the best interest of Atlantic Beach,Florida and its citizens.
NOW THEREFORE,BE IT ENACTED by the City Commission on behalf of the people
of the City of Atlantic Beach,Florida:
SECTION 1.Pro osed Amendment to Charter.The City Commission of the City of
Atlantic Beach,Florida hereby proposes the following amendment to the City Charter:
Article II —The Commission
Sec.6 —Quali?cationsand disquali?cations,to modify the number of years that a
full—timeresident and elector must reside in the City in order to qualify for running
for city commission from two (2)years to four (4)years prior to qualifying,
all as set forth in Exhibit A attached hereto and incorporated herein by reference,which,if
approved by the quali?ed electors of the City,would replace the former provision of Section 6 of
the City Charter.
SECTION 2.Submission of Charter Amendment to Public Referendum.The
amendment to the Charter of the City of Atlantic Beach,Florida set forth in the attached Exhibit
A shall be submitted to public referendum at the next general election held in the City of Atlantic
Beach,Florida for approval or disapproval by the quali?ed electors of the City.
SECTION 3.A earance of Charter Amendments on Ballot.
a.The ballot title to be used in said election shall be as follows:
54545485V1
Agenda Item #9.A.
08 Jul 2024
Page 86 of 169
Donna L.Battle,City Clerk
Approved as to form and correctness:
PROPOSED AMENDMENT TO THE ATLANTIC BEACH CITY CHARTER
MODIFYING THE RESIDENCY REQUIREMENTFOR CITY COMMISSION
b.The ballot summary shall be as follows:
Shall the quali?cations provisions set forth in Section 6 of the Atlantic Beach City
Charter be modi?ed to require that a full—timeresident and elector seeking to run
for city commission must reside in the City of Atlantic Beach for at least four (4)
years (instead of two (2)years)prior to quali?cation,be adopted?
Below the summary shall appearthe following:
YES NO
SECTION 4.Effective Date.The proposed amendment to the Charter of the City of
Atlantic Beach shall become effective upon approval by the electors of the City and shall be ?led
with the Florida Department of State as required by law.
PASSED by the City Commission on ?rst reading,this
#
day of June,2024.
PASSED by the City Commission on second and ?nal reading,this
#
day of July,2024
Jason R.Gabriel,City Attorney
54545485V
CITY OF ATLANTIC BEACH
Curtis Ford,Mayor
ATTEST:
Agenda Item #9.A.
08 Jul 2024
Page 87 of 169
EXHIBIT A
Proposed Amendment to Section 6 of Article II
of the City Charter
CITY OF ATLANTIC BEACH
ARTICLE II.—THE COMMISSION
skit-k
Sec.6.Quali?cations and disqualifications.
Members of the city commission shall have been full-time residents and electors of the city for at
least two m years immediately prior to qualifying.alheyLshal-l—be—eleeters—m—the—
eit}
Full-time
residency shall be de?ned as the person's principal place of abode during the year.Members of the
city commission shall not hold any other elective of?ce.Any member of the city commission
ceasing to possess the foregoing quali?cations or who shall have been convicted of a crime
punishable by more than one (1)year of imprisonment or a crime involving moral turpitude,shall
forfeit the seat prior to the next meeting of the city commission.Absence from four consecutive
regular meetings of the city commission shall operate to vacate the seat of a member,unless the
member's absence is excused by the city commission by a resolution setting forth the fact of such
excuse duly entered upon the minutes.
Words stricken are deletions;words underlined are additions.
54545485v1
CHARTER
Agenda Item #9.A.
08 Jul 2024
Page 88 of 169
REVIEWED BY CITY MANAGER:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:Ordinance Nos.33-24-25,33-24-26,33—24-27,33-24-28,33-24-29
and 33-24-30 proposing amending the Charter of the City of Atlantic
Beach;submitting the amendmentsto the Charter for consideration
by the electors;and providing for the appearance of the Charter
Amendments on the ballot.
SUBMITTED BY:Donna L.Bartle,City Clerk
TODAY’S DATE:June 26,2024
MEETING DATE:July 8,2024
BACKGROUND:On Jan.23,2023,the City Commission established the Charter
Review Committee by Resolution No.23-02 to conduct a comprehensive review of the City
Charter.The Committee held public meetings,received public input,”and conducted a thorough
review of the City Charter.
On April 24,2024,the Charter Review Committee submitted its Final Report,which includes
proposed amendments to the City Charter,to the City Commission;and,at a May 20,2024,joint
workshop with the Charter Review Committee,the City Commission agreed by consensus to direct
staff to draft a resolution for the Commission’s consideration on May 28,2024.
On May 28,2024,the City Commission adopted Resolution No.24-28 accepting the Charter
Review Committee’s Final Report and directing staff to draft ordinances for City Commission
considerationmoving the Charter Amendment proposals forward.
On June 24,2024,the City Commission approved Ordinance Nos.33-24—25,33-24-26,33-24-27,
33-24-28,33—24-29and 33-24-30 on ?rst reading.The second readings and public hearings are on
July 8,2024.
BUDGET:NA
RECOMMENDATION:Commission consider approvin O dinance No.33-24-26.
ATTACHMENT:Ordinance No.33-24-26
Agenda Item #9.B.
08 Jul 2024
Page 89 of 169
ORDINANCE NO.33-24-26
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,FLORIDA
PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OF
ATLANTIC BEACH ARTICLE II,THE COMMISSION,SEC.9 —
POWERS;SUBMITTING THE AMENDMENT TO THE CHARTER FOR
CONSIDERATION BY THE ELECTORS OF THE CITY FOR APPROVAL
OR DISAPPROVAL;PROVIDING FOR THE APPEARANCE OF THE
CHARTER AMENDMENT ON THE BALLOT;AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,the City of Atlantic Beach,Florida,after receiving input from the Charter
Review Committee and ?om its citizens,?nds that the proposed amendment to the City Charter
as attached to this Ordinance should be submitted to the quali?ed electors of the City of Atlantic
Beach for consideration;and
WHEREAS,the City of Atlantic Beach,appreciates the diligent efforts of the Charter
Review Committee comprised of:Bruce Andrews,Debbie Buckland,Charles "Chip"Drysdale,
Kelly Elmore,Ellen Golombek,Kirk Hansen,Mitchell Reeves,Suzanne Shaughnessy,Jennifer
Lagner,Dawn Scott,Steve Swann,and Donald Young pursuant to and under the Chairmanship
of William "Bill"Gulliford;and
WHEREAS,the City Commission of the City of Atlantic Beach,Florida ?nds that the
adoption of this Ordinance is in the best interest of Atlantic Beach,Florida and its citizens.
NOW THEREFORE,BE IT ENACTED by the City Commission on behalf of the people
of the City of Atlantic Beach,Florida:
SECTION 1.Pro osed Amendment to Charter.The City Commission of the City of
Atlantic Beach,Florida hereby proposes the following amendment to the City Charter:
Article II —The Commission
Sec.9 —Powers,to include a new provision adding the power as permitted by law
for the Commissionto protect and preserve the City’s beaches,marshes,maritime
tree canopy and property through environmental stewardship,
all as set forth in Exhibit A attached hereto and incorporated herein by reference,which,if
approved by the quali?ed electors of the City,would replace the former provision of Section 9 of
the City Charter.
SECTION 2.Submission of Charter Amendment to Public Referendum.The
amendment to the Charter of the City of Atlantic Beach,Florida set forth in the attached Exhibit
A shall be submitted to public referendum at the next general election held in the City of Atlantic
Beach,Florida for approval or disapproval by the quali?ed electors of the City
SECTION 3.A earance of Charter Amendments on Ballot.
a.The ballot title to be used in said election shall be as follows:
54545223v2
Agenda Item #9.B.
08 Jul 2024
Page 90 of 169
Donna L.Battle,City Clerk
Approved as to fonn and correctness:
PROPOSED AMENDMENT TO THE ATLANTIC BEACH CITY CHARTER
ADDING ENVIRONMENTAL STEWARDSHIP TO ITS POWERS
b.The ballot summary shall be as follows:
Shall the Powers set forth in Section 9 of the Atlantic Beach City Charter be
modi?ed to add that the City Commission shall have the authority to,as permitted
by law,protect and preserve the City’s beaches,marshes,maritime tree canopy,
and property through environmental stewardship,be adopted?
Below the summary shall appear the following:
YES NO
SECTION 4.Effective Date.The proposed amendment to the Charter of the City of
Atlantic Beach shall become effective upon approval by the electors of the City and shall be ?led
with the Florida Department of State as required by law
PASSED by the City Commission on ?rst reading,this day of June,2024.
PASSED by the City Commission on second and ?nal reading,this day of July,2024.
Jason R.Gabriel,City Attorney
54545223v2
CITY OF ATLANTIC BEACH
Curtis Ford,Mayor
ATTEST:
Agenda Item #9.B.
08 Jul 2024
Page 91 of 169
EXHIBIT A
Proposed Amendment to Section 9 of Article II
of the City Charter
CITY OF ATLANTIC BEACH
Sec.9.Powers.
Except as may be otherwise provided in this Charter,all powers of the city and the
determination of all matters of policy shall be vested in the city commission.Without limitation
of the foregoing,the city commission shall have power to:
(1)Adopt a budget;
(2)Authorize the issuance of bonds,revenue certi?cates,and other evidences of indebtedness;
(3)Establish or abolish of?cial boards and elect the members thereof as recommended by the
mayor;
(4)Adopt and modify the of?cial map of the city;
(5)Regulate and restrict the height,number of stories,and size of buildings and other
structures,the percentage of a lot that may be occupied,the size of yards,courts,and other open
spaces,the density of population,and the location and use of buildings,structures,and land and
water for trade,industry,residence or other purposes;
(6)Provide for an independent audit;
(7)Pass ordinances and laws for the preservation of the public peace and order and impose
penalties for the violation thereof;provided that the maximum penalty to be imposed shall be a
?ne of not more than one thousand dollars ($1,000.00)and imprisonment for a period of time not
longer than ninety (90)days,or as otherwise provided for by Florida Statutes;
(8)Lease golf courses,hospitals and airports,or any portion thereof,after the city commission
has passed an ordinance authorizing any such lease;
(9)Sell golf courses and the public utility system,or any portion thereof,now owned by the
city or hereafter acquired by it after the city commission has passed an ordinance that:(a)there is
a ?nding that public welfare no longer requires the operation of any such facility;and (b)the terms
of sale of real property within the city limits are stated;and (c)after such ordinance has been
submitted to the quali?ed voters of the city at an election called for that purpose;
3
54545223v2
ARTICLE II.—THE COMMISSION
***
CHARTER
Agenda Item #9.B.
08 Jul 2024
Page 92 of 169
YD
DDDV
(10)Provide rules and regulations for all purchases and sales made for and in behalf of the city;
(11)Appoint,remove and ?x the compensation of all of?cers and employees appointed by the
city commission as hereinafter provided;the city commission shall perform an annual performance
review of the city clerk,city manager and city attorney;
(12)Exercise any right or authority given or permitted by the Constitution and the laws of the
State of Florida to city commissions not inconsistent with the provisions of this Charter:;
(13)The mayor pro tempore shall be appointed by the city commission from its members:;and
(14)Provide for the protection and preservation of parks as follow:Any real property owned by
the city which is used principally or held out for use as a public park,shall be used only as a public
park;and parks shall not be sold,leased long term,gifted,changed in description or use,or
otherwise disposed of;and no structure shall be built in any such park to accommodate activities
not customarily associated with park use or outdoor recreation;unless such sale,lease disposal,
gift or structure is approved by unanimous vote of the entire city commissiong?
15 Exercise authorit ermitted b law for the rotection and reservation of beaches
marshes maritime tree cano and ro ert throu h environmental stewardshi .
Words st?eken are deletions;words underlined are additions.
54545223v2
Agenda Item #9.B.
08 Jul 2024
Page 93 of 169
Page 94 of 169
REVIEWED BY CITY MANAGER:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:Ordinance Nos.33-24-25,33-24-26,33-24-27,33-24-28,33-24-29
and 33-24-30 proposing amending the Charter of the City of Atlantic
Beach;submitting the amendments to the Charter for consideration
by the electors;and providing for the appearance of the Charter
Amendments on the ballot.
SUBMITTED BY:Donna L.Bartle,City Clerk
TODAY’S DATE:June 26,2024
MEETING DATE:July 8,2024
BACKGROUND:On Jan.23,2023,the City Cormnission established the Charter
Review Committee by Resolution No.23-02 to conduct a comprehensive review of the City
Charter.The Committee held public meetings,received public input,and conducted a thorough
review of the City Charter.
On April 24,2024,the Charter Review Committee submitted its Final Report,which includes
proposed amendments to the City Charter,to the City Commission;and,at a May 20,2024,joint
workshop with the Charter Review Committee,the City Commission agreed by consensus to direct
staff to draft a resolution for the Commission’s consideration on May 28,2024.
On May 28,2024,the City Commission adopted Resolution No.24-28 accepting the Charter
Review Committee’s Final Report and directing staff to draft ordinances for City Commission
consideration moving the Charter Amendment proposals forward.
On June 24,2024,the City Commission approved Ordinance Nos.33-24-25,33—24-26,33—
24-27,33-24-28,33-24-29 and 33—24-30on ?rst reading.The second readings and public hearings are on
July 8,2024.
BUDGET:NA
RECOMMENDATION:Commission consider approvin r inance No.3-24—27.
ATTACHMENT:Ordinance No.33-24-27
Agenda Item #9.C.
08 Jul 2024
Page 95 of 169
ORDINANCE NO.33-24—27
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,FLORIDA
PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OF
ATLANTIC BEACH ARTICLE IV,THE CITY CLERK,SEC.28 —
APPOINTMENT;DUTIES;SUBMITTING THE AMENDMENT TO THE
CHARTER FOR CONSIDERATION BY THE ELECTORS OF THE CITY
FOR APPROVAL OR DISAPPROVAL;PROVIDING FOR THE
APPEARANCE OF THE CHARTER AMENDMENT ON THE BALLOT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City of Atlantic Beach,Florida,after receiving input from the Charter
Review Committee and from its citizens,?nds that the proposed amendment to the City Charter
as attached to this Ordinance should be submitted to the quali?ed electors of the City of Atlantic
Beach for consideration;and
WHEREAS,the City of Atlantic Beach,appreciates the diligent efforts of the Charter
Review Committee comprised of:Bruce Andrews,Debbie Buckland,Charles "Chip"Drysdale,
Kelly Elmore,Ellen Golombek,Kirk Hansen,Mitchell Reeves,Suzanne Shaughnessy,Jennifer
Lagner,Dawn Scott,Steve Swann,and Donald Young pursuant to and under the Chairmanship
of William "Bill"Gulliford;and
WHEREAS,the City Commission of the City of Atlantic Beach,Florida ?nds that the
adoption of this Ordinance is in the best interest of Atlantic Beach,Florida and its citizens.
NOW THEREFORE,BE IT ENACTED by the City Commission on behalf of the people
of the City of Atlantic Beach,Florida:
SECTION 1.Pro osed Amendment to Charter.The City Commission of the City of
Atlantic Beach,Florida hereby proposes the following amendment to the City Charter:
Article IV The Cit Clerk
Sec.28 —Appointments;duties,to clarify that the city clerk serves as ?ling of?cer
for city elections (not supervisor of election),
all as set forth in Exhibit A attached hereto and incorporated herein by reference,which,if
approved by the quali?ed electors of the City,would replace the former provision of Section 28
of the City Charter.
SECTION 2.Submission of Charter Amendment to Public Referendum.The
amendment to the Charter of the City of Atlantic Beach,Florida set forth in the attached Exhibit
A shall be submitted to public referendum at the next general election held in the City of Atlantic
Beach,Florida for approval or disapproval by the quali?ed electors of the City
SECTION 3.A earance of Charter Amendments on Ballot.
a.The ballot title to be used in said election shall be as follows:
54544949v2
Agenda Item #9.C.
08 Jul 2024
Page 96 of 169
Donna L.Battle,City Clerk
Approved as to form and correctness.
CITY OF ATLANTIC BEACH
PROPOSED AMENDMENT TO THE ATLANTIC BEACH CITY CHARTER
TO CLARIFY CITY CLERK DUTIES
b.The ballot summary shall be as follows:
Shall the City Clerk duties set forth in Section 28 of the Atlantic Beach City Charter
be modi?ed to clarify that the City Clerk serves as the “?ling of?cer”for city
elections (and not as the “supervisor of elections”),be adopted?
Below the summary shall appear the following:
YES NO
SECTION 4.Effective Date.The proposed amendment to the Charter of the City of
Atlantic Beach shall become effective upon approval by the electors of the City and shall be ?led
with the Florida Department of State as required by law
PASSED by the City Commission on ?rst reading,this day of June,2024.
PASSED by the City Commission on second and ?nal reading,this day of July,2024.
Jason R.Gabriel,City Attorney
54544949v2
Curtis Ford,Mayor
ATTEST:
Agenda Item #9.C.
08 Jul 2024
Page 97 of 169
EXHIBIT A
Proposed Amendment to Section 28 of Article IV
of the City Charter
CITY OF ATLANTIC BEACH
(8)Conduct such other activities as may be speci?ed by this Charter,the city code or
the city commission.
(7)Administer oaths;and
***
Sec.28.Appointment;duties.
The city commission shall appoint an executive of?cer to serve the city commission and
to assure that all its enactments are effectively carried out.The title of the executive of?cer shall
be "city cler "and as such,shall be under the direction of and compensatedat a rate set by the city
commission.
The duties of the city clerk shall be to:
(1)Establish and maintain a line of communication with the city manager;and
(2)Prepare an agenda for every commission meeting and a permanent record of each
such meeting;and
(3)Disseminate information as necessary about activities,?ndings,or decisions of the
city commission;and
(4)Provide the city commission with information as requested about programs of the
city government;and
(5)Serve as supeaéserefleleetien ?lin of?cer for city elections;and
(6)Serve as custodianof all city records and the seal of the city;and
Words s’ePiekenare deletions;words underlined are additions.
54544949v2
ARTICLE IV.THE CITY CLERK
CHARTER
Agenda Item #9.C.
08 Jul 2024
Page 98 of 169
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:Ordinance Nos.33-24-25,33-24—26,33-24-27,33-24—28,33-24-29
and 33—24-30proposing amending the Charter of the City of Atlantic
Beach;submitting the amendments to the Charter for considerati
onbytheelectors;and providing for the appearance of the Charter
Amendments on the ballot.
SUBMITTED BY:Donna L.Bartle,City Clerk
TODAY’S DATE:June 26,2024
MEETING DATE:July 8,2024
BACKGROUND:On Jan.23,2023,the City Commission established the Charter
Review Committee by Resolution No.23-02 to conduct a comprehensive review of the City
Charter.The Committee held public meetings,received public input,and conducted a thorough
review of the City Charter.
On April 24,2024,the Charter Review Committee submitted its Final Report,which includes
proposed amendments to the City Charter,to the City Commission;and,at a May 20,2024,joint
workshop with the Charter Review Committee,the City Commission agreed by consensus to direct
staff to draft a resolution for the Commission’s consideration on May 28,2024.
On May 28,2024,the City Commission adopted Resolution No.24-28 accepting the Charter
Review Committee’s Final Report and directing staff to draft ordinances for City Commission
consideration moving the Charter Amendment proposals forward.
On June 24,2024,the City Commission approved Ordinance Nos.33-24-25,33-24-26,33-24-27,
33-24-28,33-24-29 and 33-24-30 on ?rst reading.The second readings and public hearings are on
July 8,2024.
BUDGET:NA
RECOMMENDATION:Commission considera roving ance No.3 24-28.
BY CITY MANAGER:
ATTACHMENT:Ordinance No.33-24-28
Agenda Item #9.D.
08 Jul 2024
Page 99 of 169
ORDINANCE NO.33-24-28
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,FLORIDA
PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OF
ATLANTIC BEACH ARTICLE II,THE COMMISSION,SEC.9 —
POWERS;SUBMITTING THE AMENDMENT TO THE CHARTER FOR
CONSIDERATION BY THE ELECTORS OF THE CITY FOR APPROVAL
OR DISAPPROVAL;PROVIDING FOR THE APPEARANCE OF THE
CHARTER AMENDMENT ON THE BALLOT;AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,the City of Atlantic Beach,Florida,after receiving input from the Charter
Review Committee and from its citizens,?nds that the proposed amendment to the City Charter
as attached to this Ordinance should be submitted to the quali?ed electors of the City of Atlantic
Beach for consideration;and
WHEREAS,the City of Atlantic Beach,appreciates the diligent efforts of the Charter
Review Committee comprised of:Bruce Andrews,Debbie Buckland,Charles "Chip"Drysdale,
Kelly Elmore,Ellen Golombek,Kirk Hansen,Mitchell Reeves,Suzanne Shaughnessy,Jennifer
Lagner,Dawn Scott,Steve Swann,and Donald Young pursuant to and under the Chairmanship
of William "Bill"Gulliford;and
WHEREAS,the City Commission of the City of Atlantic Beach,Florida ?nds that the
adoption of this Ordinance is in the best interest of Atlantic Beach,Florida and its citizens.
NOW THEREFORE,BE IT ENACTED by the City Commission on behalf of the people
of the City of Atlantic Beach,Florida:
SECTION 1.Pro osed Amendment to Charter.The City Commission of the City of
Atlantic Beach,Florida hereby proposes the following amendment to the City Charter:
Article II —The Commission
Sec.9 —Powers,to require that the sale or disposition of any City public parks be
approved through a referendum vote by the electors of Atlantic Beach (instead of
by a unanimous vote of the entire city commission),
all as set forth in Exhibit A attached hereto and incorporated herein by reference,which,if
approved by the quali?ed electors of the City,would replace the former provision of Section 9 of
the City Charter.
SECTION 2.Submission of Charter Amendment to Public Referendum.The
amendment to the Charter of the City of Atlantic Beach,Florida set forth in the attached Exhibit
A shall be submitted to public referendum at the next general election held in the City of Atlantic
Beach,Florida for approval or disapproval by the quali?ed electors of the City.
SECTION 3.A earance of Charter Amendments on Ballot.
a.The ballot title to be used in said election shall be as follows:
54544408v2
Agenda Item #9.D.
08 Jul 2024
Page 100 of 169
Donna L.Bartle,City Clerk
Approved as to form and correctness:
PROPOSED AMENDMENT TO THE ATLANTIC BEACH CITY CHARTER
REQUIRINGREFERENDUM FOR THE DISPOSITION OF PARKS
b.The ballot summary shall be as follows:
Shall the Powers set forth in Section 9 of the Atlantic Beach City Charter be
modi?ed to require that the sale or other disposition of public parks within the City
be approved only through a referendum vote of the electors (instead of by a
unanimous vote of the entire city commission),be adopted?
Below the summary shall appear the following:
YES NO
SECTION 4.Effective Date.The proposed amendment to the Charter of the City of
Atlantic Beach shall become effective upon approval by the electors of the City and shall be ?led
with the Florida Department of State as required by law.
PASSED by the City Commission on ?rst reading,this _
day of June,2024.
PASSED by the City Commission on second and ?nal reading,this day of July,2024.
Jason R.Gabriel,City Attorney
54544408v2
CITY OF ATLANTIC BEACH
Curtis Ford,Mayor
ATTEST:
Agenda Item #9.D.
08 Jul 2024
Page 101 of 169
EXHIBIT A
Proposed Amendment to Section 9 of Article II
of the City Charter
CITY OF ATLANTIC BEACH
Sec.9.Powers.
Except as may be otherwise provided in this Charter,all powers of the city and the
determination of all matters of policy shall be vested in the city commission.Without limitation
of the foregoing,the city commission shall have power to
(1)Adopt a budget;
(2)Authorize the issuance of bonds,revenue certi?cates,and other evidences of indebtedness;
(3)Establish or abolish of?cial boards and elect the members thereof as recommended by the
mayor;
(4)Adopt and modify the of?cial map of the city;
(5)Regulate and restrict the height,number of stories,and size of buildings and other
structures,the percentage of a lot that may be occupied,the size of yards,courts,and other open
spaces,the density of population,and the location and use of buildings,structures,and land and
water for trade,industry,residence or other purposes;
(6)Provide for an independent audit;
(7)Pass ordinances and laws for the preservation of the public peace and order and impose
penalties for the violation thereof;provided that the maximum penalty to be imposed shall be a
?ne of not more than one thousand dollars ($1,000.00)and imprisonment for a period of time not
longer than ninety (90)days,or as otherwise provided for by Florida Statutes;
(8)Lease golf courses,hospitals and airports,or any portion thereof,after the city commission
has passed an ordinance authorizing any such lease;
(9)Sell golf courses and the public utility system,or any portion thereof,now owned by the
city or hereafter acquired by it after the city commission has passed an ordinance that:(a)there is
a ?nding that public welfare no longer requires the operation of any such facility;and (b)the terms
of sale of real property within the city limits are stated;and (c)after such ordinance has been
submitted to the quali?ed voters of the city at an election called for that purpose;
3
54544408v2
ARTICLE II.THE COMMISSION
***
CHARTER
Agenda Item #9.D.
08 Jul 2024
Page 102 of 169
(10)Provide rules and regulations for all purchases and sales made for and in behalf of the city;
(1l)Appoint,remove and fix the compensation of all of?cers and employees appointed by the
citycommission as hereinafter provided;the city commission shall perform an annual performance
review of the city clerk,city manager and city attorney;
(12)Exercise any right or authority given or permitted by the Constitution and the laws of the
State of Florida to city commissions not inconsistent with the provisions of this Charter:;
(13)The mayor pro tempore shall be appointed by the city commission from its members:;and
(l 4)Provide for the protection and preservation of parks as follow:Any real property owned by
the city which is used principally or held out for use as a public park,shall be used only as a public
park;and parks shall not be sold,leased long term,gifted,changed in description or use,or
otherwise disposed of;and no structure shall be built in any such park to accommodate activities
not customarily associated with park use or outdoor recreation,unless such sale,lease disposal,
gift or structure is approved by unannnous—vote-ofthe—ent?e—ertyeeimss’xe?the electors throu h
a referendum vote
Words stricken are deletions;words underlined are additions.
54544408v2
Agenda Item #9.D.
08 Jul 2024
Page 103 of 169
Page 104 of 169
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:Ordinance Nos.33-24-25,33-24-26,33-24-27,33-24-28,33-24-29
and 33-24-30 proposing amending the Charter of the City of Atlantic
Beach;submitting the amendments to the Charter for consideration
by the electors;and providing for the appearance of the Charter
Amendments on the ballot.
SUBMITTED BY:Donna L.Bartle,City Clerk
TODAY’S DATE:June 26,2024
MEETING DATE:July 8,2024
BACKGROUND:On Jan.23.2023,the City Commission established the Charter
Review Committee by Resolution No.23-02 to conduct a comprehensive review of the City
Charter.The Committee held public meetings,received public input,and conducted a thorough
review of the City Charter.
On April 24,2024,the Charter Review Committee submitted its Final Report,which includes
proposed amendments to the City Charter,to the City Commission;and,at a May 20,2024,joint
workshop with the Charter Review Committee,the City Commission agreed by consensus to direct
staff to draft a resolution for the Commission’s consideration on May 28,2024.
On May 28,2024,the City Commission adopted Resolution No.24—28accepting the Charter
Review Committee’s Final Report and directing staff to draft ordinances for City Commission
consideration moving the Charter Amendment proposals forward.
On June 24,2024,the City Commission approved Ordinance Nos.33-24-25,33-24-26,33-24-27,
33—24-28,33-24-29 and 33-24-30 on ?rst reading.The second readings and public hearings are on
July 8,2024.
BUDGET:NA
RECOMMENDATION:Commission consider approvin r ance -24-29.
REVIEWED BY CITY MANAGER:
ATTACHMENT:Ordinance No.33-24—
Agenda Item #9.E.
08 Jul 2024
Page 105 of 169
ORDINANCE NO.33-24-29
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,FLORIDA
PROPOSING AMENDMENTS TO THE CHARTER OF THE CITY OF
ATLANTIC BEACH ARTICLE II,THE COMMISSION,SEC.12 —
VACANCIES IN THE CITY COMMISSION,SEC.14 —INDUCTION OF
CITY COMMISSION INTO OFFICE;MEETINGS OF THE CITY
COMMISSION,ARTICLE IX,ELECTIONS,SEC.39 —NOMINATIONS,
SEC.40 —ELECTIONS:PRIMARY AND SEC.41 —ELECTIONS:
GENERAL;SUBMITTING THE AMENDMENTS TO THE CHARTER
FOR CONSIDERATION BY THE ELECTORS OF THE CITY FOR
APPROVAL OR DISAPPROVAL;PROVIDING FOR THE APPEARANCE
OF THE CHARTER AMENDMENTS ON THE BALLOT;AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City of Atlantic Beach,Florida,after receiving input from the Charter
Review Committee and from its citizens,?nds that the proposed amendments 'to the City Charter
as attached to this Ordinance should be submitted to the quali?ed electors of the City of Atlantic
Beach for consideration;and
WHEREAS,the City of Atlantic Beach,appreciates the diligent efforts of the Charter
Review Committee comprised of:Bruce Andrews,Debbie Buckland,Charles "Chip"Drysdale,
Kelly Elmore,Ellen Golombek,Kirk Hansen,Mitchell Reeves,Suzanne Shaughnessy,Jennifer
Lagner,Dawn Scott,Steve Swann,and Donald Young pursuant to and under the Chairmanship
of William "Bill"Gulliford;and
WHEREAS,the City Commission of the City of Atlantic Beach,Florida ?nds that the
adoption of this Ordinance is in the best interest of Atlantic Beach,Florida and its citizens.
NOW THEREFORE,BE IT ENACTED by the City Commission on behalf of the people
of the City of Atlantic Beach,Florida:
SECTION 1.Pro osed Amendments to Charter.The City Commission of the City of
Atlantic Beach,Florida hereby proposes the following amendments to the City Charter:
Article II —The Commission
Sec.12 —Vacancies in the city commission,to add reference to “primary”elections
as applicable.
Sec.14 —Induction of City Commission into Of?ce Meetings of City
Commission,to clarify that commission members including the mayor begin their
terms at the City’s ?rst regular commission meeting in December or after the
election certi?cation results are determined,whichever is later;and
Article IX —Elections
Sec.39 —Nominations,to add references to “primary”elections in addition to
“general”as applicable,
54542684v2
Agenda Item #9.E.
08 Jul 2024
Page 106 of 169
Sec.40 —Elections:Primary,to add the requirement to hold primary elections if
there are more than two candidates running for the same elective of?ce,and
Sec.41 —Elections:General,to provide that general elections for all City
Commission seats be determined in the general election unless the seat has been
determined in the primary election,
all as set forth in Exhibit A attached hereto and incorporated herein by reference,which,if
approved by the quali?ed electors of the City,would replace the former provisions of Sections 12,
14,39,40 and 41 of the City Charter.
SECTION 2.Submission of Charter Amendments to Public Referendum.The
amendments to the Charter of the City of Atlantic Beach,Florida set forth in the attached Exhibit
A shall be submitted to public referendum at the next general election held in the City of Atlantic
Beach,Florida for approval or disapproval by the quali?ed electors of the City.
SECTION 3.A earance of Charter Amendments on Ballot.
a.The ballot title to be used in said election shall be as follows:
PROPOSED AMENDMENTS TO THE ATLANTIC BEACH CITY CHARTER
TO MODIFY CITY COMMISSION ELECTION PROCEDURES
b.The ballot summary shall be as follows:
Shall the City Commission election procedures set forth in Sections 40 and 41 of
the Atlantic Beach City Charter be modi?ed to add a requirement to hold primary
elections when more than two candidates are running for the same Commission
seat,and ?lrther,that references to “primary”elections,and the timing of newly
elected Commissioners taking their seat,be added to Sections 12,14 and 39 of the
Charter,be adopted?
Below the summary shall appear the following:
YES NO
SECTION 4.Effective Date.The proposed amendments to the Charter of the City of
Atlantic Beach shall become effective upon approval by the electors of the City and shall be ?led
with the Florida Department of State as required by law.
PASSED by the City Commission on ?rst reading,this day of June,2024.
PASSED by the City Commission on second and ?nal reading,this day of July,2024.
54542684V2
Agenda Item #9.E.
08 Jul 2024
Page 107 of 169
Donna L.Battle,City Clerk
Approved as to form and correctness:
Curtis Ford,Mayor
CITY OF ATLANTIC BEACH
54542684 v2
Jason R.Gabriel,City Attorney
ATTEST:
Agenda Item #9.E.
08 Jul 2024
Page 108 of 169
EXHIBIT A
Proposed Amendments to Sections 12 and 14 of Article II,and
Sections 39,40 and 41 of Article IX,of the City Charter
CITY OF ATLANTIC BEACH
***
Sec.12.-Vacancies in the city commission.
If any vacancy occurs in the city commission,the city commission shall elect,Within ?fteen
(15)days of the vacancy,by the af?rmative votes of not less than three members,an eligible person
as de?ned in Sec.[Section]6 of this article to ?ll the vacancy until the next primag or general
election,as applicable.
akin?
Sec.14.-Induction of city commission into of?ce;meetings of the city commission.
A?eFeaeh—general Followin certi?cation of election results,the newly elected city
commissioners includin the ma or shall assume he in their terms at the Cit ’s ?rst re lar
commission meetin in December or if election certi?cation results have not been determined b
then the ?rst re lar commission meetin thereafter whichever is later.the—duHes—ef—ef?ee
—at—the
commissioners assume the duties of of?ce,the previous sitting city commissioners shall remain in
of?ce.All other regular meetings of the city commission shall be ?xed by ordinance,but there
shall not be less than one regular meeting each month.Except as provided by Florida's
Government-in-the—SunshineLaw (F.S.286.011),all meetings of the city commission shall be
open to the public.
*9”:
ARTICLE IX.-—ELECTIONS
*1”?
Sec.39.-Nominations.
54542684v2
ARTICLE II.THE COMMISSION
CHARTER
Agenda Item #9.E.
08 Jul 2024
Page 109 of 169
Any elector of the city having the additional quali?cations and limitations as set forth in
Article II,Section 6,may be nominated for a seat in the city commission.Such nomination shall
be only by petition.A petition for this purpose shall be signed by not less than twenty—?ve (25)
quali?ed electors of the city.The signatures on the nominating petition need not all be subscribed
on one paper.Each separate paper shall have af?xed a signed statement of the circulator thereof
stating the number of signers of such paper and that each signature appended thereto was made in
the presence of the circulator and is the genuine signature of the person whose name it purports to
be.Each signer,including the circulator,shall provide his/her place of residence,including the
street and number.The form of the nomination petition shall be substantially as follows:
"We,the undersigned electors 0f the City of Atlantic Beach hereby
nominate whose residence is for the of?ce of Commissioner,
Seat No.to be voted for at the election to be held on the day of
,AD,and we individually certify that our names appear on the
rolls of registered voters,and that we are quali?ed to vote for a candidate for the
city commission.
Name,street,and number address from which last date of registered (if different)
signing.
(Spaces for signatures and required date)
STATEMENT OF CIRCULATOR
The undersigned is the circulator of the foregoing paper containing
signatures.Each signature appended thereto was made in my presence and is the
genuine signature of the person whose name it purports to be.
SIGNATURE OF CIRCULATOR
ADDRESS:"
Any signature made earlier than forty (40)days prior to the ?rst day of
qualifying shall be void.All petitions must be ?led with the city clerk no later than
10 days prior to the qualifying period.The qualifying period will begin no later than
noon on the 7lst day (Monday)prior to the general prima?election and will end
at noon on the 67th day (Friday)prior the general primary election as set forth in
Section 99.061 2 Florida Statutes.All other qualifying papers shall be ?led as one
instrument with the city clerk during the qualifying period.The city clerk shall
make a record of the exact time at which each petition is ?led,and shall take and
preserve the name and address of the person by whom it is ?led.No nominating
petition shall be accepted unless accompanied by a signed acceptance of the
nomination in substantially the following form:
"ACCEPTANCE OF NOMINATION
I hereby accept the nomination for Seat No.on the city
commission and agree to serve if elected.
SIGNATURE OF CANDIDATE "
54542684v2
Agenda Item #9.E.
08 Jul 2024
Page 110 of 169
<
()
Within two business days after the ?ling of a nominating petition,the city
clerk shall notify the candidate and the person who ?led the petition whether or not
it is found to be signed by the required number of quali?ed electors.If a petition is
found insuf?cient,the city clerk shall return it immediately to the person who ?led
it with a statement certifying wherein the petition is found insuf?cient.Within the
regular time for ?ling petitions,such a petition may be amended and ?led again as
a new petition,in which case the time of the ?rst ?ling shall be disregarded in
determining the validity of signatures thereon,or a different petition may be ?led
for the same candidate.The petition of each person nominated to be a member of
the city commission shall be preserved by the city clerk until the expiration of the
term of of?ce for which the candidate has been nominated.
Sec.40.-Elections:Primary.
When more than two 2 candidates are runnin for the same elective of?ce the rim election
shall be held onl for the munici a1 of?ces that have more than two candidates runnin for the
same seat.Such rima election date shall be set in accordance with Section 100.061 Florida
Statutes for that ear for each seat on the cit commission which shall become vacant in accordance
with Sec.14 of this Charter.If at the rima election a candidate receives a ma'orit of all votes
cast he or she shall be declared elected of of?ce and his or her name shall not be laced on the
ballot in the eneral election.In the event that a candidate does not receive a ma'orit of all the
votes cast in the rima election then the names of the candidates lacin ?rst and second shall
be laced on the ballot in the eneral election.
See.41.-Elections:General.
Beginning with the year—2019next election after ado tion:
candidates are runnin for the same elective of?ce the eneral election date shall be set accordin
to Section 100.031 Florida Statutes for that year for each seat on the city commission which shall
becomevacant =----=-=H=-=..'-~=.---=-=--,=--.---:
'‘‘'in accordance with See.14 of this Charter,unless
all vacancies have been determined b the rima election in accordance with Sec.40 of this
Charter.The candidate or nominee receiving the plurality majori?of votes cast for each seat at
such general election shall be declared elected.In the event of a tie between twocandidates in the
general election the candidates shall draw lots in accordancewith Florida Statutes to determine the
w1nner.
Words strieken are deletions;words underlined are additions.
54542684v2
Agenda Item #9.E.
08 Jul 2024
Page 111 of 169
Page 112 of 169
REVIEWED BY CITY MANAGER:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:Ordinance Nos.33-24-25,33—24-26,33-24-27,33-24-28,33-24-29
and 33-24-30 proposing amending the Charter of the City of Atlantic
Beach;submitting the amendments to the Charter for consideration
by the electors;and providing for the appearance of the Charter
Amendments on the ballot.
SUBMITTED BY:Donna L.Bartle,City Clerk
TODAY’S DATE:June 26,2024
MEETING DATE:July 8,2024
BACKGROUND:On Jan.23,2023,the City Commission established the Charter
Review Committee by Resolution No.23—02to conduct a comprehensive review of the City
Charter.The Committee held public meetings,received public input,and conducted a thorough
review of the City Charter.
On April 24,2024,the Charter Review Committee submitted its Final Report,which includes
proposed amendments to the City Charter,to the City Commission;and,at a May 20,2024,joint
workshop with the Charter Review Committee,the City Commission agreed by consensus to direct
staff to draft a resolution for the Commission’s consideration on May 28,2024.
On May 28,2024,the City Commission adopted Resolution No.24-28 accepting the Charter
Review Committee’s Final Report and directing staff to draft ordinances for City Commission
consideration moving the Charter Amendment proposals forward.
On June 24,2024,the City Commission approved Ordinance Nos.33—24—25,33—24-26,33-24—
27,33-24-28,33-24-29 and 33-24—30on ?rst reading.The second readings and public hearings are on
July 8,2024.
BUDGET:NA
RECOMMENDATION:Commission consider appro i rdinance No.33-24-30.
ATTACHMENT:Ordinance No.33-24-30
Agenda Item #9.F.
08 Jul 2024
Page 113 of 169
ORDINANCE NO.33-24-30
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,FLORIDA
PROPOSING AMENDMENTS TO THE CHARTER OF THE CITY OF
ATLANTIC BEACH ARTICLE XVIII,WHEN ACT TAKES EFFECT AND
PERIODIC REVIEW,SEC.81 -—PERIODIC REVIEW;SUBMITTING
THE AMENDMENTS TO THE CHARTER FOR CONSIDERATION BY
THE ELECTORS OF THE CITY FOR APPROVAL OR DISAPPROVAL;
PROVIDING FOR THE APPEARANCE OF THE CHARTER
AMENDMENTS ON THE BALLOT;AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS,the City of Atlantic Beach,Florida,after receiving input from the Charter
Review Committee and from its citizens,?nds that the proposed amendments to the City Charter
as attached to this Ordinance should be submitted to the quali?ed electors of the City of Atlantic
Beach for consideration;and
WHEREAS,the City of Atlantic Beach,appreciates the diligent efforts of the Charter
Review Committee comprised of:Bruce Andrews,Debbie Buckland,Charles "Chip"Drysdale,
Kelly Elmore,Ellen Golombek,Kirk Hansen,Mitchell Reeves,Suzanne Shaughnessy,Jennifer
Lagner,Dawn Scott,Steve Swann,and Donald Young pursuant to and under the Chairmanship
of William “Bill"Gulliford;and
WHEREAS,the City Commission of the City of Atlantic Beach,Florida ?nds that the
adoption of this Ordinance is in the best interest of Atlantic Beach,Florida and its citizens.
NOW THEREFORE,BE IT ENACTED by the City Commission on behalf of the people
of the City of Atlantic Beach,Florida:
SECTION 1.Pro osed Amendments to Charter.The City Commission of the City of
Atlantic Beach,Florida hereby proposes the following amendments to the City Charter:
Article XVIII —When Act Takes Effect and Periodic Review
Sec.81 —Periodic review,to:(i)clarify that the placement of any charter
amendments that are generated through this process are voted on in the general
election (rather than the primary election),(ii)change the appointment of the
charter review committee to February (rather than January)to allow newly elected
Commissioners time to plan,and (iii)change resolution to ordinance since the
Commission places amendments on the ballot by ordinance (not resolution),
all as set forth in Exhibit A attached hereto and incorporated herein by reference,which,if
approved by the quali?ed electors of the City,would replace the former provisions of Section 81
of the City Charter.
SECTION 2.Submission of Charter Amendments to Public Referendum.The
amendments to the Charter of the City of Atlantic Beach,Florida set forth in the attached Exhibit
_A_shall be submitted to public referendum at the next general election held in the City of Atlantic
Beach,Florida for approval or disapproval by the quali?ed electors of the City.
54557105v2
Agenda Item #9.F.
08 Jul 2024
Page 114 of 169
SECTION 3.A earance of Charter Amendments on Ballot.
a.The ballot title to be used in said election shall be as follows:
PROPOSED AMENDMENTS TO THE ATLANTIC BEACH CITY CHARTER
TO MODIFY CHARTER REVIEW COMMITTEE PROCEDURES
b.The ballot summary shall be as follows:
Shall the City Commission charter review committee procedures set forth in
Section 81 of the Atlantic Beach City Charter be modi?ed to clarify that the
placement of any charter amendments are voted on in the general election (rather
than the primary election),to change the appointment timing of the charter review
committee members to February (rather than January),and to change the legislative
manner in which the City Commission considers charter amendments from
resolution to ordinance,be adopted?
Below the summary shall appear the following:
YES NO
SECTION 4.Effective Date.The proposed amendments to the Charter of the City of
Atlantic Beach shall become effective upon approval by the electors of the City and shall be ?led
with the Florida Department of State as required by law.
PASSED by the City Commission on ?rst reading,this day of June,2024.
PASSED by the City Commission on second and ?nal reading,this day of July,2024.
CITY OF ATLANTIC BEACH
ATTEST:
Donna L.Bartle,City Clerk
Approved as to form and correctness:
Jason R.Gabriel,City Attorney
54557105v2
Curtis Ford,Mayor
Agenda Item #9.F.
08 Jul 2024
Page 115 of 169
EXHIBIT A
Proposed Amendments to Section 81 of Article XVIII of the City Charter
CITY OF ATLANTIC BEACH
ARTICLE XVIII.—WHEN ACT TAKES EFFECT AND PERIODIC REVIEW
*9”?
Sec.81.Periodic review
A Charter Review Committee consisting of at least nine (9)and no more than ?fteen (15)
electors of the City shall be appointed by the City Commission every eight (8)years to review the
City Charter and propose any amendments or revisions,which may be advisable for placement on
the regular general municipal election ballot.
The City Commission shall appoint the Charter Review Committee in Janua?lFebrua of
the year immediately preceding the election with a de?nite and speci?c charge.The Charter
Review Committee shall meet for the purpose of organization within thirty (30)days after the
appointments have been made.The Charter Review Committee shall elect a chair and vice chair
from among its membership.Further meetings of the Charter Review Committee shall be held
upon the call of the chair or a majority of the members of the Charter Review Committee.All
meetings shall be open to the public.No Charter amendment or revision shall be submitted to the
electorate for adoption unless favorably voted upon by a majority of the entire membership of the
Charter Review Committee.
No later than one-hundred and eighty (180)days prior to the regalar general municipal
election,the Charter Review Committee shall deliver to the City Commission the proposed
amendments or revisions,if any,to the City Charter.Each proposed amendment shall embrace but
one subject and matter directly connected therewith.The City Commission may by reselutien
ordinance place such amendments or revisions as approved by the Charter Review Committee on
the next regular municipal election ballot.If a majority of the electors voting on the amendments
or revisions favor adoption,such amendments or revisions shall become effective on January 1 of
the succeeding year or such other time as the amendment or revision shall provide.
Words stnieken are deletions;words underlined are additions.
54557105v2
CHARTER
Agenda Item #9.F.
08 Jul 2024
Page 116 of 169
CITYOF ATLANTIC BEACH
PROCEDURESFORAPP 24—0001
APPEALFROM DENIALOF VARIANCEZVAR 24-0005
BYCOMMUNITYDEVELOPMENTBOARD
1743 Seminole Road
Pursuant to 24-49(b)of the Land Development Regulations (LDR)attached,appeals from a decision of the Community
Development Board (CDB)may be made to the City Commission by any adversely affected person(s),or any of?cer,board or
department of the City and must set forth how the decision being appealed is in conflict with or in violation of the LDR,in
whole or in part,and specify the grounds of the conflict or violation.Appeals of a CDB decision to the Commission are de
novo,meaning that the appeal hearing proceeds from the beginning,as if the prior hearing at the CDB had not occurred.
Quasi-judicial proceedings,such as rezonings,uses by exception,variances,waiver requests,and appeals are not controlled
by strict rules of evidence and procedure,but certain standards of basic fairness must be adhered to in order to afford due
process.In quasi—judicialhearings,the parties must be able to present evidence,cross-examine witnesses and be informed
of all of the facts upon which the Commission acts.The hearing must be fair and impartial and contain the following
requirements:
-Notice per §24—51(k),LDR.
'Quasi-judicial hearings can be very informal.The record must be made at the hearing and the parties must be
able to comment on the evidence or to introduce contrary evidence.
0 Written decision.The decision must be based on the record as it is produced at the hearing and should include
an analysis of the applicable statutes,ordinances,regulations and policies as well as the facts.
0 Fairness protections require an unbiased decision maker and decisions are to be based on information
presented at the hearing and made a part of the record.
Su ested Procedure forA eal Hearin 5:
°Mayor to Open Public Hearing.
°City Attorney —Procedural reminders/correspondence made part of record.
0 Disclosure by the Commission members of any ex parte communications (per Resolution 95-26,each
Commissioner must disclose the subject of the communication and the identity of the person,group or entity
who made the communication before final action).
°Staff presents an overview of the subject matter and timeline of the application and basis for decision by CDB.
0 Commission questions for Staff,if any.
0 Applicant,and/or representatives/legal counsel,if applicable,present the request and support for approving
the variance request and Applicant's witnesses,if any,make presentations.
0 Commission questions for Applicant/witnesses,if any.
-Public comments —3 or 5 minutes,depending on number of speaker cards submitted to Clerk.
-Closing comments/rebuttalby Applicant (may include cross—examination if requested).
-Mayor closes Public Hearing.
-Commission deliberation and action,based on provisions set forth in Section 24—65 (c),Land Development
Regulations,Variances (attached),which will be memorialized in a written order.
0 Commission may approve,approve with conditions or deny the variance request.
-Per Section 24—65(c),a variance may be approved if the Commission finds that one (1)or more of the
following factors exists to support an application for a variance:
(1)Exceptional topographic conditions of or near the property.
(2)Surrounding conditions or circumstances impacting the property disparately from nearby properties.
(3)Exceptional circumstances preventing the reasonable use of the property as compared to other properties
in the area.
(4)Onerous effect of regulations enacted after platting or after development of the property or after
construction of improvements upon the property.
(5)Irregular shape of the property warranting special consideration.
(6)Substandard size of a lot of record warranting a variance to provide for the reasonable use of the property.
Agenda Item #10.A1.
08 Jul 2024
Page 117 of 169
REFERENCEDCODE SECTIONS
Sec.24-49.-Appeals.
Appeals of administrative decisions made by the planning and community development director and appeals of final
decisions of the community development board may be made by adversely affected person(s)in accordance with the
following provisions.Appeals shall be heard at a public hearing within a reasonable period of time with proper public
notice,as well as due notice to the interested parties as set forth in hereof.At the hearing,any party may
appear in person,by agent or by attorney.
(3)Appeals ofadministrative decisions of the planning and community development director.Appeals of a decision
of the planning and community development director may be made to the city commission by any adversely
affected person(s),or any officer,board or department of the city affected by a decision of the planning and
community development director made under the authority of this chapter.
Such appeal shall be filed in writing with the city clerk within thirty (30)days after rendition of the ?nal order,
requirement,ruling,decision or determination being appealed.
The planning and community development director shall,upon notification of the filing of the appeal,transmit to
the city commission,all the documents,plans,or other materials constituting the record upon which the action
being appealed was derived.A duly noticed public hearing,which shall be de novo,will be held by the city
commission at a date and time set by the city manager or his/herdesignee,shall be scheduled within ten (10)
business days from the date the appeal is filed.
(b)Appeals ofdecisions of the community development board.Appeals of a decision of the community
development board may be made to the city commission by any adversely affected person(s),any officer,board or
department of the city affected by any decision of the community development board made under the authority of
this chapter.Such appeal shall be filed in writing with the city clerk within thirty (30)days after rendition of the
final order,requirement,decision or determination being appealed.The appellant shall present to the city
commission a petition,duly verified,setting forth that the decision being appealed is in conflict with or in violation
of this chapter,in whole or in part,and specifying the grounds of the conflict or violation.A duly noticed public
hearing,which shall be de novo,will be held by the city commission at a date and time set by the city manager or
his/herdesignee,shall be scheduled within ten (10)business days from the date the appeal is filed.
(c)Stay of work.An appeal to the city commission shall stay all work on the subject premises and all proceedings in
furtherance of the action appealed,unless the administrator shall certify to the city commission that,by reason of
facts stated in the certificate,a stay would cause imminent peril to life or property.In such case,proceedings or
work shall not be stayed except by order,which may be granted by the city commission after application to the
of?cer from whom the appeal is taken and on due cause shown.
2/-51section
Agenda Item #10.A1.
08 Jul 2024
Page 118 of 169
Sec.24-65.-Variance.
0 Sec.24-65.-Variances.
The community development board is authorized to grant relief from the strict application of certain land development
regulations where,due to an exceptional situation,adherence to the land development regulations results in "exceptional
practical difficulties or undue hardship"upon a property owner.Examples of land development standards for which a
variance may be authorized include but are not limited to:
section 24—
However,variances are not authorized to reduce minimum lot area,minimum lot width or lot depth,nor increase
maximum height of buildings as established for the various zoning districts.Further,a variance shall not modify the
permitted uses or any use terms of a property.
In most cases,exceptional practical dif?culties or undue hardship results from physical characteristics that make the
property unique or difficult to use.The applicant has the burden of proof.The community development board must
determine that granting the request would not cause substantial detriment to the public good and would not be
inconsistent with the general intent and purpose of the land development regulations.
A variance may be sought in accordance with this section.Applications for a variance may be obtained from the community
development department.
(a)Application.A request for a variance shall be submitted on an application form as provided by the city and shall contain
each of the following:
(1)A legal description of the property for which the variance is requested.
(2)A reasonable statement describing the reasons and justification for the variance.
(3)A survey or lot diagram indicating setbacks;existing and proposed construction,as well as other signi?cant
features existing on the lot.
(4)The signature of the owner,or the signature of the owner's authorized agent.Written and notarized
authorization by the owner for the agent to act on the behalf of the property owner shall be provided with the
application.
(b)Public hearing.Upon receipt of a complete and proper application,the planning and community development director
shall within a reasonable period of time schedule the application for a public hearing before the community development
board following required public notice as set forth in .At the public hearing,the applicant may appear in
person and/ormay be represented by an authorized agent.
(1)Applications for a variance shall be considered on a case-by-case basis and shall be approved only upon ?ndings
of fact that the application is consistent with the de?nition of a variance and consistent with the provisions of this
section.
(2)The community development board shall not grant a variance,which would allow a use that is not a permitted
use,or a permitted use-by—exception in the applicable zoning district.In the case of an application for a use-by—
exception that is considered concurrently with an application for a variance,approval of the variance shall be
contingent upon approval of the use-by-exception by the community development board.In the event,that the
use-by—exception is denied by the community development board,any approved variance shall be rendered null
and void.
(3)The community development board shall not approve any variance that would allow a use that is prohibited by
the terms of this chapter or by the comprehensive plan.
Parking standards
Drive aisle width
Setbacks
Landscaping
Fence height
Impervious surface
Agenda Item #10.A1.
08 Jul 2024
Page 119 of 169
ll.
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,,
(4)The nonconforming use of adjacent or neighboring lands,structures or buildings shall not be considered as
justification for the approval of a variance.
(5)Variances shall not be granted solely for the personal comfort or convenience,for relief from ?nancial
circumstances,or for relief from situations created by the property owner.
(c)Groundsforapproval ofa variance.The community development board shall find that one (1)or more of the following
factors exist to support an application for a variance:
(1)Exceptional topographic conditions of or near the property.
(2)Surrounding conditions or circumstances impacting the property disparately from nearby properties.
(3)Exceptional circumstances preventing the reasonable use of the property as compared to other properties in
the area.
(4)Onerous effect of regulations enacted after platting or after development of the property or after construction
of improvements upon the property.
(5)Irregular shape of the property warranting special consideration.
(6)Substandard size of a lot of record warranting a variance to provide for the reasonable use of the property.
In the event the community development board finds that none of the above exist,then the community development
board shall deny the variance.
(d)Approval ofa variance.To approve an application for a variance,the community development board shall find that the
request is in accordance with the preceding terms and provisions of this section and that the granting of the variance will be
in harmony with the purpose and intent of this chapter.In granting a variance,the community development board may
prescribe appropriate conditions in conformance with and to maintain consistency with city Code.Violation of such
conditions,when made a part of the terms under which the variance is granted,shall be deemed a violation of this chapter,
and shall be subject to established code enforcement procedures.
(e)Approval of/esservariances.The community development board shall have the authority to approve a lesser variance
than requested if a lesser variance shall be more appropriately in accord with the terms and provisions of this section and
with the purpose and intent of this chapter.
(f)Nearby nonconformity.Nonconforming characteristics of nearby lands,structures or buildings shall not be grounds for
approval of a variance.
(g)Waiting periodfor re—submittal.If an application for a variance is denied by the community development board,no
further action on another application for substantially the same request on the same property shall be accepted for three
hundred sixty-five (365)days from the date of denial.
(h)Time period to implement variance.Unless otherwise stipulated by the community development board,the work to be
performed pursuant to a variance shall begin within twelve (12)months from the date of approval of the variance.The
planning and community development director,upon ?nding of good cause,may authorize a one—time extension not to
exceed an additional twelve (12)months,beyond which time the variance shall become null and void.
(i)Transferabi/ity.A variance,which involves the development of land,shall be transferable and shall run with the title to
the property unless otherwise stipulated by the community development board.
Agenda Item #10.A1.
08 Jul 2024
Page 120 of 169
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
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AGENDA ITEM:APP24-0001 (Appeal of a decision of the Community Development Board
for variance ZVAR24—0005 for 1743 Seminole Road)
SUBMITTED BY:Amanda Askew,Director of Flaming and Community Development
TODAY’S DATE:June 27,2024
MEETING DATE:July 8,2024
BACKGROUND:Zach
Miller,the attorney representing the
property owner of 1743 Seminole
Road is appealing the ?nal decision
of the Community Development
(CDB)for variance ZVAR24-001
made on April 22,2024.
On April 16,2024 a public hearing
was held and said request was
considered by the City of Atlantic
Beach Community Development
Board (CDB).Having considered
the application,supporting
documents and comments from
members of the public,the
Community Development Board
DENIED the approval of the
variance.The Community
Development Board made a motion
to deny.the variance,the motion to
deny passed with a vote of 5-2.The
CDB found that the request did not
meet any grounds from Section 24—
65(0)of the Land Development
Regulations establishing grounds
for approval of a variance.
The applicant was seeking a variance from section 24-107 (e)to construct a two-story addition to the
front of their townhouse unit,along the shared property line.The addition would be 0 feet from the shared
lot line and over 10 feet from the opposite side lot line.
Although the property was developed as a townhouse,any additions must meet the required setbacks
therefore,the property would need a variance to waive the setback on the shared property line.
17m St
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Agenda Item #10.A4.
08 Jul 2024
Page 121 of 169
1743
eminole
Road
Front
yard
0::3.305 385
Additionally,the proposed work will need to meet all other applicable
code requirements,including impervious surface area.
This townhome property is located on the east side of Seminole Road
approximately 250 feet north of 17thStreet in the Residential,General,
Two-Family (RG)zoning district.Over half of the block is developed
as townhomes.Most of the townhomes have slightly offset front walls
from each other and large front yards.
The proposed addition would be approximately 22’in front of the
adjacent townhome.These are long deep lots with the townhomes set
approximately 53 feet back from the property line.
The Community Development Board has recently heard several
variance cases seeking a setback variance for the shared property line
however,all the cases have been for additions to the rear of the
townhomes.
Seminole Road
Chapter 24.Since this is a de novo proceeding,Commission must review the appeal under the criteria
set forth in section 24-65(c)variances.
VARIANCE REQUEST:The request for the variance is to reduce the shared townhouse lot line to zero
in order to add an addition to the front of the townhome.
Section 24-107 (Residential,two-family district -RG)requires a combined side yard setback of 15’with
a minimum of 5’.The application is proposing to have a 10’exterior side yard with the proposed addition
built up to the shared property line therefore,it would not meet the minimum 5’setback.
Section 24-65 authorizes the ability to grant relief from the strict application of certain land development
regulations where,due to an exceptional situation,adherence to the land development regulations results
Rear
yard
10’
Neighbor
r‘-.d
Agenda Item #10.A4.
08 Jul 2024
Page 122 of 169
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Agenda Item #10.A4.
08 Jul 2024
Page 123 of 169
in "exceptional practical dif?culties or undue hardship"upon a property owner.Examples relief include
setbacks,impervious surface area,parking standards,fence heights,etc.“In most cases,exceptional
practical dif?culties or undue hardship results from physical characteristics that make the property unique
or dif?cult to use.The applicant has the burden of proof.”
BUDGET:None
RECOMMENDATION:Review and vote on APP24-0001 (an approval of the appeal would
approve ZVAR24—0005 and a denial would not approve ZVAR24-0005)
REQUIREDACTION:
The Commission may consider a motion to approve APP24-0001/ZVAR24-0005 request for a
variance from Section 24-107 to reduce the minimum side yard setback for the addition to zero feet
on the shared property line,upon ?nding this request is consistent with the de?nition of a variance,
and pursuant to Section 24-65(0)in the Land Development Regulations below:
1)Exceptional topographic conditions ofor near the property.
(2)Surrounding conditions or circumstances impacting the property disparately from nearby
properties.
(3)Exceptional circumstances preventing the reasonable use ofthe property as compared to other
properties in the area.
(4)Onerous effectofregulations enacted afterplatting or afterdevelopment of the property or
afterconstruction ofimprovements upon the property.
(5)Irregular shape ofthe property warranting special consideration.
(6)Substandard size ofa lot ofrecord warranting a variance to provide for the reasonable use o
ftheproperty.
Or,
The Commission may consider a motion to deny APP24-0001/ZVAR24—0005,request for a variance
?om Section 24-107 to reduce the minimum side yard setback for the addition to zero feet on the
shared property line,upon ?nding this request does not meet any of the criteria set forth in section
24-65(0)nor is consistent with the de?nition of a variance.
ATTACHMENT(S):Appeal Application
Section 24-107 in the Land Development Code
CDB staff report
Variance Application
CDB Meeting Minutes
CITY MANAGER.
Agenda Item #10.A4.
08 Jul 2024
Page 124 of 169
5 pH
REQUESTFOR APPEAL
City of Atlantic Beach FILE
Community Development Department
800 Seminole Road Atlantic Beach,FL 32233
(P)904-247—5800 $300.00 Application Fee
SITE INFORMATION
ADDRESS1743 SeminoleRoad
SUBDIVISIONOcean Grove
RE#Same
WHAT ISSUEAREYOU APPEALING?Denialof Variance (ZVAR24-OOOS)
PLEASETELLUS IN DETAILWHYYOU ARE APPEALING
LOT/PARCELSIZE0.09 ZONINGCODE R
RE#169640 0000 E}RESIDENTIAL [:I COMMERCIAL [:1 OTHE
R
APPLICANTINFORMATION
Nicole Kathryn Hahl-Postlethwaite and Hartley Albert Posllewaite.V,as co-tmsteesk _.
NAMEofthe Hartley A.Postlewaite,v LivingTrust u/AID2l8/2018!as amended MAILzwmlllerlaW@gmaI|.com
ADDRESS _320LegendTrail CITY Vero Beach STATE FL ZIPCODE 32963
PROPERTYLOCATIONSeminole Road just north of 17th Street PHONE #(904)651-8958 CELL#same
DATE
SIGNATUREOFAPPLICAN(2)DAT
No ary Signature
My Commission expires
Oath Sworn:Yes N
Signed and sworn before me on this day of by State of
County
:IIII
Zachary Miller,Esq (as agent for owner)
Slu'-’:'x'.RE’F APPLICANT PRINTOR TYPENAME
PRINTOR TYPENAME
4
of Hum!
Identification veri?ed:
23 REQUESTFORAPPEAL07.08.2019
~~~Not§fy$ub?cW
5 c e Shelor
My Commission '-
HH 246287
Exp.511712026
Please see attached.
I HEREBYCERTIFYTHAT ALI.INFORMATION PROVIDED IS CORRECT:Signature of Property Owner(s)or Authorized Agent
48 Unit 2LOTBLOCn/a
#Mk,moo1.FOR INTERNALOFFICEUSE ONLY
m “
I
Agenda Item #10.A4.
08 Jul 2024
Page 125 of 169
BACKGROUND
This appeal concerns the denial by the Atlantic Beach Community Development Board (the
“‘CDB”)of a variance application (the “Application”)for an existing home located at 1743
Seminole Road (the “‘Property”).
The home on the Property was constructed in 1975 as a zero-lot line townhome.
The appellant presents this veri?ed petition to the City Commission setting forth that the denial of
the Application by the CDB con?icts with/and is in violation of the relevant portions of the LDC.
Speci?cally,on April 16,2024,the CDB,denied the requested variance.Per Section 24-65,LDC,
the CDB was required to grant the variance if there is competent substantial evidence that the
prOposedvariance met one (1)of the criteria set forth below.Respectfully,there was competent
substantial evidence that the Applicationmeets the applicable criteria.
VARIANCE CRITERIA
Per Section 24—65(0),the CDB shall find that one 1 or more of the following factors exist to
support an application for a variance:
(1)Exceptional topographic conditions ofor near the property.
(2)Surrounding conditions or circumstances impacting the property disparately fro
mnearbyproperties.
(3)Exceptional circumstances preventing the reasonable use ofthe property as compared
to other properties in the area.
(4)Onerous e?ectof regulations enacted a?erplotting or after development of the
property or afterconstruction ofimprovements upon the property.
(5)Irregular shape ofthe property warranting special consideration.
(6)Substandard size ofa lot ofrecord warranting a variance to providefor the reasonable
use ofthe property.
The proposed variance will not decrease any of the existing side yard setbacks,but will allow
for an addition that has similar side yard setbacks as other homes in the area.
The proposed addition is similar in mass,scale,and setbacks to several homes in the immediate
area.In particular,several homes in the area feature attached and detached structures which
protrudetowards the front yard property line,and which do not comply with the required 15 foot
side yard setback.In fact,the CDB approved a variance for side yard setbacks of 0 and 7 feet for
property located approximately 350 feet from the Property at the same public hearing.(See 38
Agenda Item #10.A4.
08 Jul 2024
Page 126 of 169
n
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17th Street ZVAR24-0004).Clearly,such an addition has been and continues to be considered a
reasonable use of substandard lots in this area.
The Property is a substandard lot of record created prior to the current setback requirements
applicableto the RG zoning district.The proposed variance will not decrease any setbackbut will
allow an addition which is consistent with the setbacks other homes constructed at the time.
Agenda Item #10.A4.
08 Jul 2024
Page 127 of 169
jig 2024
By:
Name:
To Whom It May Concern:
This letter is to authorize Zach Miller Esq to sign and act as agent for submittal,
amendment and appmval of applications fur variances and related appealsfor properties with the
?wlluwinareal estate numbers 1696400000.f}_/N,
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Agenda Item #10.A4.
08 Jul 2024
Page 128 of 169
CDB ORDER
Agenda Item #10.A4.
08 Jul 2024
Page 129 of 169
City of Atlantic Beach
Community Development Dept.
800 Seminole Road
Atlantic Beach,Florida 32233
Telephone (904)247-5826
http://www.coab.uss,..
Order of the Community Development Board
APPLICANT:NicoleKathryn Habl—Postlethwaite
1743 Seminole Road (RE#169640-0000)
AtlanticBeach,FL32233
FILENUMBER:ZVAR24-0005
DATEOF PUBLICHEARING:April 16,2024
ORDERDENYINGVARIANCE
The above referenced applicant requested a variance as permitted by Section 24—65,from Section 24-
107(e)(3)to reduce the side yard setback on the shared side lot line from five (5)feet to zero (0).The
applicant is proposing to build a garage addition in the front yard of an existing townhouse.
On April 16,2024 a public hearing was held and said request was consideredby the City of AtlanticBeach
Community Development Board (CDB).Havingconsidered the application,‘supportingdocuments and
comments from members of the public,the Community Development Board DENIEDthe approval of the
variance.The Community Development Board made a motion to deny the variance,the motion to deny
passed with a vote of 5—2.The CD3 found that the request did not meet any grounds from Section 24-
65(c)of the LandDevelopment Regulations establishinggrounds for approval of a variance.
Per Section 24—65(g),no further action on another application for substantially the same request [same
location)on the same property shall be accepted for three hundred sixty-five (365)days from the date of
the denial.
Appeals ofa decision of the Community Development Board may be made to the City Commission by any
adversely affected perso n(s).Such appeal shall be ?led in writing with the City Clerkwithin thirty (30)days
after rendition of this Order.The appellant shall present to the City Clerk a petition duly veri?ed,setting
forth that the decision being appealed is in con?ict with or in violation of Chapter 24,Zoning,Subdivision
and Land Development Regulations for the City of Atlantic Beach,in whole or in part,and specifying the
grounds of the con?ict or violation.The petition shall be presented to the City Commission within thirty
(30)days after the fiiing of the appeal with the City Clerk.
The undersigned certi?es that the above Order of the Community Development Board is a true and correct
rendition of the Order adopted by said Board as appears in the record of the Community Development
Board minutes.
DATEDTHIS17TH DAYOF APRIL2024.
,1 ,1 w,”’7‘?A 34%
A?man‘da‘L.Askew
Planning and Community Development Director
Agenda Item #10.A4.
08 Jul 2024
Page 130 of 169
':.ll|-1 I'm-na-
Agenda Item #10.A4.
08 Jul 2024
Page 131 of 169
Neighbor
1743
Road
AGENDA ITEM
CASE NO.
LOCATION
APPLICANT
DATE
STAFF
STAFF COMMENTS
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
4.C
ZVAR24-0005
Request for a variance to reduce the minimum side yard setback on the south
side ofthe property to construct an addition at I 743 Seminole Road.
1743 Seminole Road
Postlethwaite
April 16,2024
Amanda Askew,Director of Planning and Community Development
The applicant is one of the owners of 1743 Seminole Road.This property is a townhouse that shares a
common wall with the neighboring property and is located within the Residential,General,Two—
Family(RG)zoning district.
The applicant is proposing to construct a two-story addition to the Seminole Road
front of their townhouse unit,along the shared property line.The
addition would be 0 feet from the shared lot line and over 10 feet E Front
form the opposite side lot line.g yard
Although the property was developed as a townhouse,any cg}.
additions must meet the required setbacks.Additionally,the 5.
proposed work will need to meet all other applicable code 3 10,
requirements,including impervious surface area.g Addition
(0
In general,property setbacks are established for reasons including
air,ventilation,sunlight,sound,privacy,?re codes,property
values,and neighborhood character/design.
Front:20 feet 20 feet
Rear:20 feet 20+feet
Rear
yard
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3
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Agenda Item #10.A4.
08 Jul 2024
Page 132 of 169
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ANALYSIS
Section 24-65 states that “applications for a variance shall be considered on a case-by-case basis,and shall
be approved only upon ?ndings of fact that the application is consistent with the de?nition of a variance
and consistent with the provisions of this section.”According to Section 24-17,De?nitions,“[a]variance
shall mean relief granted from certain terms of this chapter.The relief granted shall be only to the extent
as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s)
or a relaxation of the strict,literal interpretation of certain provision(s).Any relief granted shall be in
accordance with the provisions as set forth in Section 24-65 of this chapter,and such relief may be subject
to conditions as set forth by the City of Atlantic Beach.”
Section 24-65(c)provides six distinct grounds for the approval of a variance:
(1)Exceptional topographic conditions of or near the property.
(2)Surrounding conditions or circumstances impacting the property disparatelv from nearby
properties.
(3)Exceptional circumstances preventing the reasonable use of the property as compared to other
properties in the area.
(4)Onerous effectof regulations enacted afterplotting or afterdevelopment of the property or afte
rconstructionofimprovementstotheproperty.
(5)Irregular shape of the property warranting special consideration.
(6)Substandard size of a lot of record warranting a variance in order to provide for the reasonable
use of the property.
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR24-0005,request for a
variance to reduce the minimum side yard setback on the south side of the property to construct an addition
at 1743 Seminole Road,upon ?nding this request is consistent with the de?nition of a variance,and in
accordance with the provisions of Section 24-65,speci?cally the grounds for approval delineated in
Section 24-65(c)and as described below.
A variance may be granted,at the discretion of the Community Development Board,for the
following reasons:
(I)Exceptional topographic conditions ofor near the property.
(2)Surrounding conditions or circumstances impacting the property disparately fromnearby
properties.
(3)Exceptional circumstances preventing the reasonable use of the property as compared to
other properties in the area.
(4)Onerous e?ect ofregulations enacted a?erplotting or afterdevelopment ofthe property or
afterconstruction ofimprovements upon the property.
(5)Irregular shape ofthe property warranting special consideration.
(6)Substandard size of a lot of record warranting a variance in order to provide for the
reasonable use ofthe property.
Or,
The Community Development Board may consider a motion to deny ZVAR24-0005,request for a
variance from Section 24—108(e)(3)at 38 17thStreet.
Page 2 of 2
Agenda Item #10.A4.
08 Jul 2024
Page 133 of 169
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Agenda Item #10.A4.
08 Jul 2024
Page 134 of 169
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Agenda Item #3.C.
16 Apr 2024
Doc 1!2023220313,CR BK 20849 Page 2345,Number Pages:2,
Recorded 10/24/2023 02:35 PM,JUDY PHILLIPS CLERK CIRCUIT COURT DUVAL COUNTY
RECORDING $18.50 DEED Doc 3']!$3550.00
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PREPARED IV.”(DID AND RETURN1'0:
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169640-0000
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THIS WARRANTY DEED mud:(?ctive the 17th day of Oelnhu',1013.by Chm I".
mm.I named vow.numb:m which II m in-em?h?oul bummed.
min-Ra culledGm.when:past of?ce addru i:105 NE In Shah,An.103.MIMI CRY.
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said Gama the following lbc?hdhndsimlyingmdbe?ginlhematwwl,Sumo!
Florida.m-wn:
Numb III of Lot Party-Eight (43).(MEAN GROVE-UNIT NO.2,
“cording In the phi “'1ch as murder]in ?ll Book In.Page 20,of
[be current Public Records of Dun]Cnunty.Florida.
SUBJECTTOmsumingmbscqumszmmbw-Jl?b?.
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shall not open:InIdmpose same.
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Page 32 of 259
Agenda Item #10.A4.
08 Jul 2024
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Agenda Item #3.C.
16 Apr 2024
PREPARED BY.RECORDAND RETURN TO:
Osborne&Shef?eld Title Scrulocs.LLC
UTE Hodges Boulevard,Suite 205
Ju'kmnvillc.Florida 32224
File it:2023-2345
Parcel Identi?cation Number:
169640-0000
WARRAN]Y DEED
THIS WARRANTY DEED made effective the ”it:day of October,2023,by Christ:F‘.
Figgins,a married woman,conveying property which is not her constitutional homestead,
hereinafter called Gmntor,whose post of?ce address is 305 NE lst Street,Apt.103,Oklahoma City,
Oklahoma 73104.to Nicole Kathryn Habi-Postlethwaite and Hartley Albert Postlelhwaltc,V as
Ctr—Trustees of tho Hartley A.Postlcthwaite,V Livlng Trust UIAID ZISIZOIS as amended,
hereinafter called Grantee,and whose post of?ce address is 320 Legend Trail,Vero Beach,Florida
32963.
(\Vhtrrvn used herein III:tum "gr-um"ml "[llnlct'"include all the [“1"ch to this [run-III"!and the heirs.kell
"punt-Hm and assigns nl'Individuals and the snslumn and assigns alcnmorlllm).
WITNESSETH:
THAT the Grantorifor and in considerationof the sum of Ten andNo/IUODollars ($10.00)and
other valuable considerations.in hand paid by the said Grantee.the receipt whereof is hereby
acknowledged hereby grants,bargains,sellslaliens,remises,releases,convoys and con?rms unto the
said Grantee the following described [and situate,lying and being In the County of Duval,State of
Florida.to-wit:
North 1/7.of Lot Forty-Eight (48).OCEAN GROVE —-UNIT NO.2,
according to the plat thereof as recorded in Plat Book 20,Page 20,of
the current Public Records of Duval County,Florida.
SUBJECT TO taxes accruing subsequent to December 3t,2022.
SUBJECT TO covenants,restrictions and easements of record,if any;however.this reference
shall not operate to reimpose some.
TOGETHER with all the tencmcn Is,hercditamcnts and appurtenances thereuntobelonging or in
anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Granteethat the Creator is lawfully seized of said
land in fee simple;that the Grantor has good right and lawful authority to sell and convey said land;that
the Grantorhereby full)-wan-ants the title to said land and will defend the same against the lawful claims
of all persons whomsoever;and that said [and is free of all encumbrances.
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Agenda Item #10.A4.
08 Jul 2024
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Agenda Item #3.C.
16 Apr 2024
TN “’ITNESS WHEREOF,the said Grantor has set their hand and seal the day and year ?rst
above written.
Signed,sealed and delivered
in our pmsence:
65975522:Z 7%
Wiméss Ignature EhristnF.Figgins
jam
Wimmr?primed nam:
UMM‘?
“?tness #2 signature
Michael A.Nunez
Wimss #2primal namc
STATE OF Florlda
COUNTY OF Miami-[Jade
The foregoing instrumentwas acknowledged beforc m:by means of onlinc nomination,this
10 day of Octobcr,2023,by Christa F.Figgins,a married woman.who islarc personallylmown
{a me,has/have produced a valid drivefs licensets)or has/have produca
dOklahomaDrivefsLicenseasjdgnti?calion.
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“’7?“5.3?f.u W??nw Notary Public Michael A.Nunez
'33,;#5;“ca”“911306925251 My CommissionExpiresr 10/30/2023
Mama MyComn.Explres0ct31,1023 (“MW 5'4“)
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08 Jul 2024
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Agenda Item #3.C.
16 Apr 2024
Page 35 of 259
Agenda Item #10.A4.
08 Jul 2024
Page 138 of 169
almanlnmn.APPLICATIO
Agenda Item #10.A4.
08 Jul 2024
Page 139 of 169
Authovizgd Agent
(4 K7‘I
DATE
DATE
Agenda Item #3.C.
16 Apr 2024
l
VARIANCE APPLICATION FOR INTERNALOFFICEuseONLY
'ZlCommunity Development Department ‘
2,»
{5 800 SeminoleRoad Atlantic Beach,FL 32233
?@}n/(P)904447-5300
2:;tlin?g'g?gfny?gf42££_EMAIL [[M 7711/57,:
ADDRESS 3&2 Mg 13?.CITY [?g/f05532/2STATE é 2;;230533963I
PROPERTYLOCATION/7é é?j?é My PHONElr WEN?C /4'[9/
RE#(éQé?-wm BLOCKII aga??oéggf?{if};LOW '{30/401’
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LOT/PARCELSIZE Z’Q?’20w";CODE 0/50 M mgpLI'nIPROVIDER
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mung-remove PLAN FUTURELANDUSEDESIG \TION XA
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PROVISIONFROMWHICHVARIANCEIS REQUESTII /0 7._..__...
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Homeowners Associat‘n or Architec rraIReview t Ji -'.ittee approval required for the proposed construction
E]YES NO (if yes,ti 5 must be subm :ted with any application for a Building Permit)
Statement of facts and site plan related to requested Variance.which demonstrates compliance with Section'Zli-GSof the Zoning,
Subdivision and Land Development Regulations,a copy of which is attached to this application.Statement andiii:plan mug clgarly
scribean ir ue .
PROVIDEALLOF THEFOLLOWINGINFORMA‘HON
(all information must be provided before an application is scheduled for any public hearing):
1.Proofof ownership:deed or certi?cate by lawyer or abstract or title company that veri?es recordowner as above.
2.if the applicant is not the owner:provide a letter ofauth orization from the owneris)for applicant to represent the ownerls)for all
purposes related to this application.
3.Survey and legal description of property for which Variance is sought.
4.Required number of copies:One (1)digital copy -additionalpaper copy is optional.
5.Application fee of $30?
I HEREBYCERTIFYTHAI?WEWTIONPROVIDEDIS:ORRECT:Si 'ature of Property Ownerls)or.”(i/"h”1/!(a:’//j'~-’.1's /,1:12:21!
SIGNATUREOF A :VCAIIITL PRNTOR TYPE
SIGNATUREOF APPUCANT(2)PRINTORTYPENAME
Signed and sworn before me on this 15"day of I?”?gf!_by State of 1W 10"
[97:01.5 [Mao County of oar/It—
Identiflcation veri?ed:I i a/_)’_K_iUHI-_
WILLIAML.POPE
Oath Sworn:D Yes D No wommseourumizszs 4.:(.24;i,M
EXPIRES:October19,2027 N Bry‘Sigmture
r9 VARIANCEAPPLICAIION08.25.2020 My CommissioneXPires
Page 29 of 259
Agenda Item #10.A4.
08 Jul 2024
Page 140 of 169
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Agenda Item #3.C.
16 Apr 2024
Agenda Item #10.A4.
08 Jul 2024
Page 141 of 169
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Page 144 of 169
6/27/24,9:02 AM Atlantic Beach,FL Code of Ordinances
Sec.24-107.-Residential,two-family district (RG).
(a)Intent.The RG zoning district is intended for development of low and medium density single-
family and two-family residential uses.
(b)Permitted uses.The uses permitted within the RG zoning district shall be:
(1)Single-family dwellings.
(2)Two-family (duplex)dwellings,subject to density limitations.
(3)Accessory uses as set forth in section 24-151.
(4)Two-unit townhouses,subject to density limitations,compliance with article IV,subdivision
regulations and section 24-88.
(5)Government uses,buildings and facilities.
(6)Family day care homes and group care homes.
(c)Uses-by—except/‘on.The following uses may be approved as a use-by-exception within the RG
zoning district.
(1)Child care facilities.
(2)Churches.
(3)Public and private recreational facilities not of a commercial nature and of a neighborhood
scale intended to serve the surrounding residential neighborhood.
(4)Schools and community centers.
(d)Minimum lot area.Existing legally established lots of record may exist,which do not meet the
below requirements.These lots may be developed subject to all applicable land development
regulations and density limitations;however,all lots created afterJanuary 1,2002 must comply
with the following minimum requirements in order to obtain building permits authorizing
development.The minimum size for lots within the RG zoning district shall be as set forth herein.
(1)Minimum lot area in the RG zoning district:Seven thousand five hundred (7,500)square feet.
(2)Minimum lot width in the RG zoning district:Seventy-five (75)feet.
(3)Minimum lot depth in the RG zoning district:One hundred (100)feet.
(4)Notwithstanding subsections 1,2 and 3,the final lot sizes for proposed new townhouse
development may be less per unit,subject to density,compliance with article lV,subdivision
regulations and section 24-88 provided the parent tract meets the requirements of
subsections 1,2 and 3.
(e)Minimum yard requirements.The minimum yard requirements within the RG zoning district shall
be:
(1)Front yard:Twenty (20)feet.
(2)Rear yard:Twenty (20)feet.
aboutzblank 1/2
Agenda Item #10.A4.
08 Jul 2024
Page 145 of 169
6/27/24,9:02 AM Atlantic Beach.FL Code of Ordinances
(3)Side yard:Combined fifteen (15)total feet and five (5)minimum feet on either side.
(f)Building restrictions.The building restrictions for the RG zoning district shall be:
(1)Maximum impervious surface:Forty-five (45)percent;provided,however,where lawfully
existing structures and improvements on a parcel exceed this applicable percentage,
redevelopment of such parcels or additions/modifications to such structures and
improvements shall not exceed the pre-existing impervious surface percentage,provided the
requirements of section 24-68 are met.
(2)Maximum building height:Thirty-five (35)feet.
(Ord.No.90-10-212,§2(Exh.A),3-8~10;Ord.No.90-19-240 ,§3(Exh.A),7-8—19)
2/2aboutzblank
Agenda Item #10.A4.
08 Jul 2024
Page 146 of 169
Required Setback Proposed
AGENDA ITEM
CASE NO.
LOCATION
APPLICANT
DATE
STAFF
STAFF COMMENTS
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
4.C
ZVAR24-0005
Request for a variance to reduce the minimum side yard setback on the south
side ofthe property to construct an addition at I 743 Seminole Road.
1743 Seminole Road
Postlethwaite
April 16,2024
Amanda Askew,Director of Planning and Community Development
The applicant is one of the owners of 1743 Seminole Road.This property is a townhouse that shares a
common wall with the neighboring property and is located within the Residential,General,Two-Family
(RG)zoning district.
The applicant is proposing to construct a two-story addition to the Seminole Road
front of their townhouse unit,along the shared property line.The
addition would be 0 feet from the shared lot line and over 10 feet
form the opposite side lot line.
Although the property was developed as a townhouse,any
additions must meet the required setbacks.Additionally,the
proposed work will need to meet all other applicable code
requirements,including impervious surface area.
In general,property setbacks are established for reasons including
air,ventilation,sunlight,sound,privacy,?re codes,property
values,and neighborhood character/design.
Neighbor
1743
"eminole
.a ad
Front:20 feet 20 feet
20 feet 20+feet
Rear
yard
Front
yard
me:3535 322m
10’
n
Agenda Item #10.A4.
08 Jul 2024
Page 147 of 169
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ANALYSIS
Section 24-65 states that “applications for a variance shall be considered on a case-by-case basis,and shall
be approved only upon ?ndings of fact that the application is consistent with the de?nition of a variance
and consistent with the provisions of this section.”According to Section 24-17,De?nitions,“[a]variance
shall mean relief granted from certain terms of this chapter.The relief granted shall be only to the extent
as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s)
or a relaxation of the strict,literal interpretation of certain provision(s).Any relief granted shall be in
accordance with the provisions as set forth in Section 24-65 of this chapter,and such relief may be subject
to conditions as set forth by the City of Atlantic Beach.”
Section 24-65(c)provides six distinct grounds for the approval of a variance:
(1)Exceptional topographic conditions ofor near the property.
(2)Surrounding conditions or circumstances impacting the property disparately from nearby
properties.
(3)Exceptional circumstances preventing the reasonable use of the property as compared to other
properties in the area.
(4)Onerous effectof regulations enacted afterplatting or afterdevelopment of the property or afte
rconstructionofimprovementstotheproperty.
(5)Irregular shape of the property warranting special consideration.
(6)Substandard size of a lot of record warranting a variance in order to provide for the reasonable
use of the property.
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR24-0005,request for a
variance to reduce the minimum side yard setback on the south side of the property to construct an addition
at 1743 Seminole Road,upon ?nding this request is consistent with the de?nition of a variance,and in
accordance with the provisions of Section 24-65,speci?cally the grounds for approval delineated in
Section 24—65(c)and as described below.
A variance may be granted,at the discretion of the Community Development Board,for the
following reasons:
(1)Exceptional topographic conditions ofor near the property.
(2)Surrounding conditions or circumstances impacting the property disparately fromnearby
properties.
(3)Exceptional circumstances preventing the reasonable use of the property as compared to
other properties in the area.
(4)Onerous effectof regulations enacted afterplatting or afterdevelopment of the property or
afterconstruction ofimprovements upon the property.
(5)Irregular shape of the property warranting special consideration.
(6)Substandard size of a lot of record warranting a variance in order to provide for the
reasonable use ofthe property.
Or,
The Community Development Board may consider a motion to deny ZVAR24-0005,request for a
variance from Section 24-108(e)(3)at 38 17thStreet.
Page 2 of 2
Agenda Item #10.A4.
08 Jul 2024
Page 148 of 169
NAME
ADDRES
If;45L ff.1/67’
a)c.(0 FL 522%;
”/5 277ngng 64/Mé/é//72 @s/jag//
fé‘
£07,101)?39!.my /
/é%{/o-oom 05544)6 0/5 dd?f 110511)”!0/4”
0/00 Wéw
L
9"/'/07
COMPREHENSIVEPLANFUTURELANDUSEDESIG \TION
PROVISIONFROMWHICHVARIANCEIS REQUESTIJ
LOT/PARCELSIZE ZON"‘G CODE U LITYPROVIDE
STATE ZIPCOD
VARIANCE APPLICATION FOR INTERNALOFFICE use ONLY
City of Atlantic Beach PERMIT#
Community Development Department
800 Seminole Road Atlantic Beach,FL32233
(P)904—247-5800
APPLICANT ORMA ION
If I‘//\1 /z 267%
DAT
fLotloA
90V (-
by State of
County of
Homeowner's Association or Architec rral Review f.Ji nittee approval required for the proposed construction
[I YES [1 NO (if yes,ti 5 must be subrm :ted with any application for a Building Permit)
Statement of facts and site plan related to requested Variance,which demonstrates compliance with Section 24-65 of the Zoning,
Subdivision and Land Development Regulations,a copy of which is attached to this application.Statement and site Ian ust clearl
describe and depictthgya?gngg that is reguested.
PROVIDE ALLOF THE FOLLOWINGINFORMATION
(all information must be provided before an application is scheduled for any public hearing):
1.Proof of ownership:deed or certificate by lawyer or abstract or title company that veri?es record owner as above.
2.Ifthe applicant is not the owner:provide a letter of authorization from the ownerls)for applicant to represent the owneris)for all
purposes related to this application.
3.Survey and legal description of property for which Variance is sought.
4.Required number of copies:One (1)digital copy -additional paper copy is optional.
5.Application fee of $300.0 .
I HER73YCERTIFYTHALINF \TION PROVIDED IS ORRECT:Si 'ature of Property Owner(s)or Authoriz d A ent
//
SIGNATUREOF APPLICANT RINTOR TYPENAME DATE
SIGNATUREOF APPLICANT(2)PRINTORTYPENAME
Signed and sworn before me on this 15"day of (C’I’
xV/COLé ”#46
Identi?cation veri?ed:
?rm/y mam
-.WILLIAML.POPE
MYCOMMISSiON#HH412826 ~
EXPIRES:October19,2027 N my Signature
Oath Sworn:1:]Yes D No
MyCommissionexpires19VARIANCEAPPLICATION08.25.
6102
CELL#PHONE #PROPERTYLOCATIO
RE BLOCK#LOT#
CIT
EMAI
Agenda Item #10.A4.
08 Jul 2024
Page 149 of 169
I]4.Onerous effect of regulations enacted after platting or after development of the property or after construction of
improvements upon the property.
The following paragraph sets forth reasons for which a Variance may be approved,please check the
circumstances that apply to your request and briefly describe in the space provided.
Grounds for approval of a Variance:A Variance may be granted at the discretion of the Community Development Board,for the
following reasons.
E]1.Exceptional topographic conditions of or near the property.
5.Irregularshape of the property warranting special consideration.
6.Substandard size of a Lot or Record warranting a Variance in order to provide for the reasonable use of the property.
a.Approval of a Variance.To approve an application for a Variance,the Community Development Board shall ?nd that the request
is inaccordance with the preceding terms and provisions of this Section and that the granting of the Variance will be in harmony
with the Purpose and Intent of this Chapter.
b.Approval of Lesser Variances.The Community Development Board shall have the authority to approve a lesser Variance than
requested if a lesser Variance shall be more appropriately in accord with the terms and provisions of this Section and with the
Purpose and Intent of this Chapter.
c.Nearby Nonconformity.Nonconforming characteristics of nearby Lands,Structures or Buildings shall not be grounds for approval
of a Variance.
d.Waiting period for re—submittal.Ifan application for a Variance is denied by the Community Development Board,no further
action on Another application for substantially the same request on the same property shall be accepted for 365 days from the
date of denial.
e.Time period to implement Variance.Unlessothewvise stipulated by the Community Development Board,the work to be
performed pursuant to a Variance shall begin within six (6)months from the date of approval of the Variance.The Community
Development Director,upon ?nding of good cause,may authorize a one time extension not to exceed an additional six (6)
months,beyond which time the Variance shall become null and void.
f.A Variance,which involves the Development of Land,shall be transferable and shall run with the title to the Property unless
othenrvise stipulated by the Community Development Board.
19 VARIANCEAPPLICATION08.25.2020
D 2‘Surrounding conditions or circumstances impacting the property disparately from nearby properties.
E]3.Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area.
Agenda Item #10.A4.
08 Jul 2024
Page 150 of 169
19 VARIANCEAPPLICATION08.25.2020
ADDITIONALCOMMENTS
ll
Agenda Item #10.A4.
08 Jul 2024
Page 151 of 169
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Doc ll 2023220313,OR BK 20349 Page 2345,Number Pages:2,
Recorded 10/24/2023 02:35 PM,JODY PHILLIPS CLERK CIRCUIT COURT DUVAL COUNTY
RECORDING $18.50 DEED DOC ST $3850.00
10/10/23.3:37 PM PDF.isviewer
PREPAREDIV.RECORDANDmum TO:
Gimme!-SMM TilluServices.LLC
4776Had“!Bruin-yd.Sniln 206
hehsnvil:Florida31114
File#:2023-2348
lel [mum Numlm:
169640-0000
WQRRANTYDELI
_THIS WARRANTYDEEDmade 9561:!ch the 17“!day of October,2013.by Christ!F.
Figgins.t men-ind worn-n.conveying pmpersy which I:not her-eonslilu?oml beheaded.
vhmina'?ér calledGamer.whosepost of?ceaddress is 305 NE ls!Suw.,Apt.[0},OklahomaCity.
Oklahoma13H”,(6 Nicole Killer-yrsHIM-Pealktlrwaheall Hartley Allardfalle?iw-lle,V as
Cb-Tru’ueu of the 1-1:anA.Posile?rwelte,V thng Trusl UMIDmm as uncalled,
hereinafter calledGrantee.Ind whosepost of?ce address is 320 legend ’l‘mil.Vero Beach.Florida
32953.
(Wl??u'In:lem-no rlr-“MW in “gr-urn”helm:at m pnlu noIn inn—Ir Ind rk heirs.lug-I
TWIIIIIIII M “In:Iflldeub led II:nerd-on Ind align shaman-n.
WITNESSETK:
THAT the Grantor,far and in wruidm?on of the sum of Ten andNdlDO Dollars($10.00)and
other valuable considerations.in hand paid by rhe said,Grantee,the 'reeclpl 'wheml‘is'hereby
uhiowledgeihereby gulls;bargains,sells.aliens.realises,releases.conveysand‘ebn?nnsunto the
SaidGranteethe followingdeitrlbcdlmd situate.lying and being in the County of Dual.Sale of
Florida.to—wilz
North 1/2 of Lot Forty-Elght (48),OCEANGROVE -UNIT NO.1.
“cording to the plat throat as recorded in Plat Book 20.Page 20,of
the current Public Records of Duvnl County.Florida.
SUBJECT TO taxes accruingsubsequent to Dmmber 3|,2022.
SUBJECT TO cover-rams.restrictionsand ease-nemsof record.if any:however.this reference
shall not operate to reimpose same.
TOGETHER with all the lenernenu,her-«?laments and appurtenances drereunlobelongingor in
anywise appertalnlng.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Granularherebymummy-with said GranteeIhal the Greater is‘lawfully seindol'suid
land in fee simple;the!the Grantor-hu good vigil Ind lawful sun-rarityto sell and convey said land;the:
rhoCmniorhereby hallme the ml:to ‘snidland andwill defendihesamugnlnsl she lawfulclaim:
nfall persons whomsoever;and that said land is free 0f all encumbrances.
rhyme-aw Page [on
Agenda Item #10.A4.
08 Jul 2024
Page 152 of 169
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Nolan/CamDoc ID:8276533f-8712469b-bf44-a57298d17f35
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PREPARED BY.RECORDANDRETURN TO:
Osborne 8:Shef?eld Tillc Services.LLC
4776 HodgesBoulevard.Suite 206
Jacksonville.Florida 32224
File #:2023-2348
Parcel Identi?cation Number:
169640-0000
WARRANTY DEED
THIS WARRANTY DEED made effective the 17th day of October,2023,by Christa F.
Figgins,a married woman.conveying property which is not her constitutional homestead,
hereinafter called Grantor.whose post of?ce address is 305 NE lst Street,Apt.103,Oklahoma City,
Oklahoma 73104.to Nicole Kathryn Habi-Postlethwaitc and Hartley Albert Postlcthwaite.V as
Co-Trustees of the Hartley A.Postlcthwaite,V Living Trust U/A/D 2/8/2018 as amended,
hereinafter called Grantee,and whose post of?ce address is 320 Legend Trail,Vero Beach,Florida
32963.
(Wherever usad herein the term "gruuxor"Ind "grantee"include I“the parties to this instrument and the hint.legal
representatives and assign:orindividuals and the successor:and assigns ofrorpur-tinnsL
WITNESSETH:
THAT the Grantor.for and in considerationof the sum of Ten and No/[00 Dollars ($10.00)and
other valuable considerations,in hand paid by the said Grantee,the receipt whereof is hereby
acknowledged,hereby grants.bargains,sells,aliens.remiscs,releases,conveys and con?rms unto the
said Grantee the following described land situate.lying and being in the County of Duval,State of
Florida.to-wit:
North 1/2 of Lot Forty-Eight (48).OCEAN GROVE —UNIT NO.2,
according to the plat thereof as recorded in Flat Book 20,Page 20,of
the current Public Records of Duval County,Florida.
SUBJECT TO taxes accruing subsequent to December 31,2022.
SUBJECT TO covenants.restrictions and easements of record,if any;however,this reference
shall not operate to reimpose same.
TOGETHER with all the tenements,hereditamems and appurtenances thereunto belonging or in
anywisc appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said
land in fee simple;that the Grantor has good right and lawful authority to sell and convey said land;that
the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims
of all persons whornsoever:and that said land is free of all encumbrances
Wurmybrdllndiwdml]Page |oil
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10/10/23,3:37 PM PDF.js viewer
Agenda Item #10.A4.
08 Jul 2024
Page 153 of 169
IN WITNESS WHEREOF,the said Grantor has set their hand and seal the day and year first
above written.
Signed,sealed and delivered
in our presence:
cum 9?7%
[mess Signature Christa F.Figgins
W WM
Witness #2 signature
Michael A,Nunez
WllnussH2printed name
STATE OF Florida
COUNTY OF Miami-Bade
The foregoing instrument was acknowledged before me by means of onlinc nomrization,ihis
10 day of October,2023.by Christa F.Figgins,a married woman,who is/are poisonally known
to me,has/have produced a valid driver‘s license[s)or has/have produce
dOklahomaDriver’s License as identi?cation.
WM“MW
NOIaIYPUblic Michael A.Nunez
My CommissionEXpires:10/30/2023
(Notary Seal)
Page 2 on“'Ir??y Dad (Indivl?’u‘)
NotaryCam Doc ID:8275533f-8712469b-bf44-a572e8d17fa5
httpszllnotarycam.sendsafely.com/receive/?recipientCode=81FkHKOwOMrFXQmmSiHndMem6XsPcljUOBBhQ|11/35
MICHAELANUNH
Notary Public-State of Florid
aCommissionr66928251
MyComm.ExpiresOct 31,2023
Completed via Remote Online Notarization using 2 way AudioNideo technoiogy.
jhananMQlQm—___
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10/10/23.3:37 PM PDF.js viewer
Agenda Item #10.A4.
08 Jul 2024
Page 154 of 169
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Page 161 of 169
Present:
Also Present:
MINUTES
Community Development Board (CDB)Meeting
Tuesday,April 16,2024 -6:00 PM
City Hall,Commission Chamber
800 SeminoleRoad.Atlantic BeachZFL 32233
Jennifer Lagner,Member
Jeff Haynie,Member
Richard Arthur,Member
Gregory (Greg)Beliles,Alternate Member
Angela Farford,Member
Kirk Hansen,Chair
Harold Gear,Member
Ellen Golombek,Vice Chair
Valerie Jones,Recording Clerk
Abrielle Genest,Planner
Brian Broedell,Principal Planner &Environmental Coordinator
I.CALL TO ORDER AND ROLL CALL
2.APPROVAL OF MINUTES
A.Approve minutes of the February 20,2024 regular meeting of the Community
Development Board.
The minutes were approved.
3.NEW BUSINESS
A.193]Beach Avenue ZVAR24-0003 (Steven Lee)
Request for a variance from Section 24-2530)to exceed the maximum impervious
surface area within the right-of-way created by driveways at 1931 Beach Avenue.
STAFF REPORT:Planner Broedell presented the information as explained in the
staff report.He also provided a PowerPoint presentation.Ms.Golombek asked if
the applicant was approved for pavers and gravel which was installed and
inspected and then after the inspection the applicant replaced the gravel with
pavers.Planner Broedell said that was correct.Mr.Haynie asked if the property
line was where the gravel ended in the pictures.Planner Broedell said that was
correct.Mr.Arthur asked if permeable pavers were denied.Planner Broedell said
he wasn't sure if they were permeable but added that the City doesn't give credit
for permeable pavers.Mr.Gear asked ifthe applicant would have known that they
could have asked for a variance from the beginning.Planner Broedell said that
option would have been available,but Staff doesn't advice that.
APPLICANT REPORT:Steven Lee introduced himself as the applicant.He
explained that the old driveway was cracked and unsafe.Mr.Lee said he shared a
Community Development Board (CDB)
April 16,2024
Page 1 of 8
.1 LL‘u‘I-n
Agenda Item #10.A4.
08 Jul 2024
Page 162 of 169
driveway with his neighbor,and they decided to install the same pavers as his neighbor
to the south and used the same contractor and product as that neighbor.He assumed he
could put everything back as the original driveway.Mr.Lee said he didn't have any
water drainage issues.He had concems that the gravel was dangerous and unsafe for his
wife who is elderly and for pedestrians and bicyclists.
Ms.Lagner asked who the contractor was.Mr.Lee said it was R.T.Thompson.Ms.
Lagner asked if Mr.Lee was aware of the process to ask for a variance.Mr.Lee said
that the contractor sounded con?dent that they would get the permit.Ms.Farford asked
Mr.Lee what stormwater management system he had.Mr.Lee said the water comes
straight down and remains in his driveway.He also said he added permeability since the
pavers have a gap between them and are on a sand base instead of 8 inches of solid
concrete.Mr.Hansen asked why the applicant built the driveway according to the permit
approval and then changed it knowing it had not been approved.Mr.Lee said he saw a
bicyclist run off the road into the gravel and almost fall and his wife also had surgery so
that's why he changed it.
PUBLIC COMMENT:Elliot Zisser of 1937 Beach Avenue introduced himself as
the neighbor.He said they share the driveway that had cracked.Mr.Zisser spoke
in favor of the variance request and saw no reason why it should not be approved.
BOARD DISCUSSION:Ms.Lagner said she wasn‘t happy that Mr.Lee did not request
a variance before replacing the gravel with pavers,but she understands why he did it and
would be in favor of approval.Ms.Golombek said she thought that if a driveway was
removed it could be replaced with the same footprint.Planner Broedell said that was
true for the impervious surface on your property and for stormwater retention,you're
allowed to replace within the same footprint.He said it was a different part of the code
that allows you to replace like for like but it doesn't address the right—of-wayat all.Mr.
Arthur said this will probably be an ongoing issue since a lot of the driveways on Beach
Avenue are aging and will need replacement as time goes on.Ms.Lagner asked how the
other driveways got approved.Planner Broedell said that there are several on Beach
Avenue that don't meet the current regulations.Mr.Gear said he would be in favor of
granting the variance based on grounds for decision #3.Ms.Farford said grounds #4.
Mr.Haynie asked what that was based on.Mr.Gear said that since the driveway was
there in the 1950's.Ms.Farford thought the concrete was probably less pervious than
the pavers.Ms.Golombek thought she could support the request but told Mr.Lee that
he should have come to the Board with a variance request in the beginning.Chair Hansen
agreed that he doesn't like it when an applicant comes to the Board for something they
have already done.He did question whether the Board would have approved the request
at that time.
MOTION:To APPROVE ZVAR24~0003 based on grounds #4 onerous effect of regulations
enacted after platting or a?er development of the property or after construction of improvement
upon the property.
Motion:Harold Gear
Second:JenniferLagner
Community Development Board (CDB)
April 16,2024
Page 2 of 8
Agenda Item #10.A4.
08 Jul 2024
Page 163 of 169
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Mr.Arthur said he supports the pavers to go back with the pavers agreed on in the permit that
was approved.Mr.Haynie amended the motion to approve the variance as long as the gravel
portion be filled with the same pavers that were originally included in the pemiit.
JenniferLagner (Seconded By)For
Jeff Haynie For
Richard Arthur For
Angela meord For
Kirk Hansen For
Harold Gear (Moved By)For
Ellen Golombek For
Motion passed 7 to 0.
B.38 17th Street ZVAR24-0004 (Wendie McCall)
Request for a variance to reduce the minimum side yard setback on the west
side (shared townhouse wall)of the property to construct an addition at 38
17th Street.
STAFF REPORT:Planner Genest presented the information as explained in the
staff report.She also provided a PowerPoint presentation.Mr.Gear asked about
the pervious-impervious ratio.Planner Genest said she didn't have that
information,but the applicant would be required to meet that.Mr.Arthur asked if
this addition had been added at the original time it was built,would it have been
allowed.Planner Genest said that it would have been allowed at that time but now
it is after the fact and being added to an existing structure,so it must meet the
current setbacks.Ms.Golombek asked if this issue was one that they had addressed
at the Board meeting that they had the night before where they discussed Chapter
24.Planner Broedell said it was.
APPLICANT REPORT:Bryan Green introduced himself as the architect for the
project.He explained how the design was to follow the existing line of the building.
Mr.Haynie asked if it was a two—story addition.Mr.Green said it is two—story with
enclosed living space on the ?rst ?oor and the second ?oor being a covered deck.He
said they haven‘t determined how far the ?re wall will extend out.Mr.Green said the
Fire Marshal]will make that requirement.Mr.Haynie had Mr.Green explain how far it
would extend and the height of it.Ms.Golombek asked about the pervious-impervious
ratio.Mr.Green said they will meet that.
PUBLIC COMMENT:Chair Hansen opened the ?oor to public comment.There
were no public comments.Planner Broedell said that he received a call from the
neighbor opposing the variance request and the neighbor was going to send an
email,but no email had been received yet.William Dowlin of 30 17th Street had
questions which were cleared up after some discussion.Mary Nordhauser of 1723
Ocean Grove Drive asked if approval of this request would set a precedence if she
Community Development Board (CDB)
April 16,2024
Page 3 of 8
Agenda Item #10.A4.
08 Jul 2024
Page 164 of 169
wanted to something similar to her townhome.Chair Hansen said each case must
be considered separately.
BOARD DISCUSSION:Mr.Arthur said that the O-lot line issue requires anythin
gaddedonafterneedstomeetthecode,but it also seems to be a gray area in the code.
MOTION:To APPROVE ZVAR24-0004 based on grounds #4 onerous effect of regulations
enacted after platting or after development of the property or after construction of improvement
upon the property.
Motion:Angela Farford
Second:Richard Arthur
Mr.Haynie asked for clari?cation and was concerned about the neighbor.Ms.Farford said that
she thinks the requirements in?ict an impossible hurdle as a property owner.She said the
applicant was meeting other setbacks and nothing else was really changing.Mr.Haynie said #3
might be a better option.Mr.Arthur asked what the setbacks would have to be to meet code.
Planner Broedell said the applicant would have to have 5 feet on one side and 10 feet on the
other.
JenniferLagner For
JeffHaynie For
Richard Arthur (Seconded By)For
Angela F arford(Moved By)For
Kirk Hansen For
Harold Gear For
Ellen Golombek For
Motion passed 7 to 0.
Request for a variance to reduce the minimum side yard setback on the south side
of the property to construct an addition at 1743 Seminole Road.
STAFF REPORT:Planner Genest presented the information as explained in the
staff report.She also provided a PowerPoint presentation.Ms.Golombek asked
what the front yard setback was.Planner Genest said it would meet the 20-yard
setback.Mr.Haynie asked if this was like the previous request except reversed.
Planner Genest said it was.Mr.Arthur said it meets the 10 feet on the one side but
is 0 feet lot line on the other side.
APPLICANT REPORT:Bradley Ashmore of Bosco Building Contractors introduced
himself as representing the applicant.He explained that they meet all setbacks other
than the 0-lot line.Mr.Ashmore said they would also work with the Fire Marshall
regarding the ?re wall requirements.Ms.Golombek asked about the shared driveway
Community Development Board (CDB)
April 16,2024
Page 4 of 8
I743 Scmim-lc Road ZVARZ-l-O?OS (‘Posllclh\\
Agenda Item #10.A4.
08 Jul 2024
Page 165 of 169
uh
?”m V.»,P N.A.‘IIOTION:Z\'_\R24-0005 duo In Ihc an}of the crilcriu fur
in the front of the townhomcs Mr.Ashmore said the neighbor to the south will have
ample space to their side from the (Hot line south.
PUBLIC COMMENT:Chair Hansen opened the floor to public comment.Lucie
Dlugasch of 1741 Seminole Road introduced herselfas the neighbor that shares the
south townhome unit.She said that when she walks out the front door of her
townhome,she would have to look at a tall and long wall.Ms.Dlugasch said it would
affect the use ofthe driveway and her ability to turn around.She said she didn't see
how it met any of the grounds for approval.Mr.Haynie asked about a garage that
was attached to one of the other units.Ms.Dlugasch said that one had a 5 feet
setback.Mr.Gear pointed out another one that had a garage on the O-lot line.Ms.
Dlugasch said it was a carport.
Nicole Postlethwaite introduced herself as the applicant.She explained that she had
lived in Atlantic Beach before.Ms.Postlethwaite said she wanted a 2-car garage and
was going to relocate her entrance door to the side.She said she would like to be able
to develop her property and looks forward to using her property to the best of its ability.
Laurie Sowers of 1735 Seminole Road introduced herself as a neighbor to the south.She
said she has concems because it is already difficult to use the driveway as it is.Ms.
Sowers said it would affect the neighbor.She said to walk out the front door and see a
wall like that and is not in support of approval of the variance.
BOARD DISCUSSION:Ms.Farford said that she thought approval of this variance
would put a huge burden on the neighbor and is not in favor of it.Mr.Arthur said that
once again there is the gray area of the code where ifit was built today,it could be done
but since it already existing you lose your options.Mr.Haynie agreed with Ms.Farford
and even though it is similar to the previous case he didn't think he could support it.
Motion:Jeff Haynie
Secand:Angela Falford
Chair Hansen said it is apparent that it will infringe on the neighbor’s ability to get out of the
driveway and couldn't approve it for that reason.
JenniferLagner For
JeffHaym'e (Moved By)For
Richard Arthur Against
Angela Farford(Seconded By)For
Kirk Hansen For
Harold Gear Against
Ellen Golambek For
Malian passed 5
Community Development Board (CDB)
April 16,2024
Page 5 of 8
Tu DENY request meeting
approval.
Ilnl
Agenda Item #10.A4.
08 Jul 2024
Page 166 of 169
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4.OLD BUSINESS
A.Workshop Discussion of Chapter 24 (Land Development Code)updates
TOWNHOUSE SETBACKS (page 77)
Mr.Arthur revisited this due to the variance cases at tonight's meeting.Planner Broedell
said that the proposed language would allow the 2 variance requests from tonight's
meeting to be approved.He said the additional language is trying to capture exiting
townhomes and allow them to keep their setback.Mr.Arthur asked what the intent was.
Planner Broedell said that language is supposed to address the non-shared setback.Ms.
Golombek asked if they were going to make this setback change for the front and back
setbacks.Chair Hansen said he had suggested making a differentiation between the front
and rear setbacks.Mr.Haynie said that he thought more often than not it would be more
ofa problem in the front.He said he thought the language should be different for the
front setback compared to the back setback.Planner Broedell said Staff can take any
recommendations that the Board gives.Mr.Arthur said he takes the opposite position
and thought the language should remain consistent and simple as possible.Planner
Broedell asked if the Board could come to a consensus on the language.The Board
decided the front yard should have a variance request.
FENCES (page 126)
Proposed adding language to allow 6-foot fences to be brought to the front of a house
for non-confonning houses.Planner Broedell gave a few examples of areas that would
bene?t from this.He said sight lines would still be enforced.Proposed additional
language to avoid "tunnel"like aesthetic.Proposed change to allow more use of the
backyard by allowing 6~foot fences to go to the side property line.
HOME OCCUPATIONS (page 133')
Proposed changes to comply with State Statute changes.
PARKING (page 136)
Proposed removing language already existing in Sec.24-163.Proposed adding common
requirement meant to reduce driveways/curb-cuts along major roads to improve safety.
This is recommended by DOT,FHWA and the Center for Urban Transportation
Research.
DESIGN REQUIREMENTS(page 137)
Proposed language taken from Jacksonville code changing percentage of parking spaces
designated for compact-size automobiles.Added parallel parking space language since
the Code currently doesn't have any.Proposed language for tandem parking and valet
parking.
ELECTRIC VEHICLE PARKING (page 141)
Proposed adding language in accordance with the State's EV Readiness Plan for a new
development with fifty (50)or more parking spaces to provide EV parking.Ms.Lagner
asked where the amp numbers came from.Planner Broedell said it came from the City
of Orlando.Mr.Gear suggested leaving it open and not requiring an exact number.
Community Development Board (CDB)
April 16,2024
Page 6 of 8
Agenda Item #10.A4.
08 Jul 2024
Page 167 of 169
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BICYCLE PARKING (page 142)
Proposed adding standards for bicycle racks to be usable.
DRIVEWAYS (page 143)
Planner Broedell said they have language in 2 sections of the Code and they don't match
so Staff is changing this to make it consistent with See.19-7.He went through these
changes line by line.Mr.Gear asked if you had an 80 feet wide lot if you could only
have 1 driveway as stated on page 143 under (e)1 Planner Broedell said this was for
townhomes and he would correct it.
MOBILE FOOD VENDING (page 148)
Planner Broedell said the current regulations on this are broad and unclear.Proposed
language to add regulations regarding food trucks.Mr.Arthur asked if food trucks would
be allowed in the town center.Planner Broedell said they would not.Mr.Haynie asked
if the language in (e)3 was to prevent the food truck from becoming a permanent ?xture.
Planner Broedell said that was correct.
PHARMACIES &MEDICAL MARIJUANA TREATMENT CENTERS (page
150)
Proposed changes to correct a mistake in measurement that requires meeting all 3
requirements and it should have been "any"of the following requirements.Ms.
Golombek asked if the initiative in November is voted in will the Board have to change
this to non-medical marijuana.Planner Broedell said it would have to be updated
according to what gets approved.
GREENWAY OVERLAY DISTIUCT (page 150)
Proposed language for the construction of the East Coast Greenway along Mayport
Road.Ms.Golombek asked if the Greenway would allow for golf carts or electric bikes.
Planner Broedell said not for golf carts,but electric bikes will be allowed according to
the State.
COMMERCIAL CORRIDOR STANDARDS (page 154)
Planner Broedell said there have been several design standards in the past.The proposed
language comes from several sources including the Mayport Redevelopment Plan.
Center for Urban Transportation,AARP,Congress for New Urbanism and other cities.
Mr.Arthur thought the 50%frontage requirement should apply to Atlantic Boulevard
and Mayport but wasn't sure it would match the intent.Ms.Golombek asked about
restaurants that have garage-style door that opens to create outdoor space that faces a
street.Planner Broedell said they could add an exception for restaurant uses.Mr.Arthur
asked if the City wanted to get into that kind of detail off Mayport Road.He thought it
was a lot of regulations.Planner Broedell said the intent was to require some type of
architectural design and limit metal warehouses in all commercial areas.There was
further discussion regarding building facades,architectural standards,metal buildings,
etc.
REPORTS
There were no reports.
Community Development Board (CDB)
April 16,2024
Page 7 of 8
Agenda Item #10.A4.
08 Jul 2024
Page 168 of 169
Amanda Askew 1rk Hansen,Chair
6.PUBLIC COMMENT
There were no public comments.
7.ADJOURNMENT
The Board decided to meet again on Tuesday,May 7th.There being no further discussion,Chair
Hansen declared the meeting adjourned at 8:33 pm.
Attest:
Community Development Board (CDB)
April 16.2024
Page 8 of 8
Agenda Item #10.A4.
08 Jul 2024
Page 169 of 169