1-27-25 Amended Agenda
City of Atlantic Beach
Amended Agenda
Regular City Commission Meeting
Monday, January 27, 2025 - 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 Regular Commission Meeting held on January 13, 2025.
1-13-25 Regular City Commission Draft Minutes
5 - 13
2. COURTESY OF FLOOR TO VISITORS
PUBLIC COMMENT
3. CITY MANAGER REPORTS
3.A.
Fiscal Year 2022-23 Financial Statement and Independent Auditor's Report.
Link to FY 22-23 Auditors Report
3.B.
Accept the 90-Day Calendar (Jan. - Mar. 2025)
90-Day Calendar (Jan. - Mar. 2025)
15 - 18
*
3.C.
Consideration of legislation regarding the conduct of business activities in parks
and facilities.
Conduct of Business Activities
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.
Authorize the City Manager to sign the Third Amendment to Radio Services
23 - 27
Page 1 of 85
Regular City Commission - 27 Jan 2025
Agreement between the City of Atlantic Beach and the City of Jacksonville.
Radio Service Agreement
6.B.
Approve Resolution No. 25-09.
Resolution No. 25-09
29 - 30
7. COMMITTEE REPORTS
None.
8. ACTION ON RESOLUTIONS
*
8.A.
RESOLUTION NO. 25-12
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING A
SETTLEMENT AGREEMENT (ATTACHMENT A) BETWEEN THE CITY AND GPS
HOLDING GROUP, LLC; AUTHORIZING THE MAYOR TO EXECUTE THE
SETTLEMENT AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
Resolution No. 25-12
31 - 36
9. ACTION ON ORDINANCES
9.A.
ORDINANCE NO. 5-25-69, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
SECTION 2-16 OF THE CITY CODE TO CHANGE THE REGULAR MEETING TIME OF
THE CITY COMMISSION; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Ordinance No. 5-25-69
37 - 38
9.B.
ORDINANCE NO. 5-25-70, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE
OF FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, DIVISION 2 – SPECIAL
MAGISTRATE, SECTION 2-143, SPECIAL MAGISTRATE APPOINTMENT;
QUALIFICATIONS; TERM, AND SECTION 2-144 SPECIAL MAGISTRATE
COMPENSATION OF THE CITY OF ATLANTIC BEACH CODE OF ORDINANCES;
PROVIDING FOR ADOPTION OF SAID AMENDMENTS; PROVIDING FOR PURPOSE
AND INTENT; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Ordinance No. 5-25-70
39 - 42
*
9.C.
ORDINANCE NO. 20-25-177, Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2023 AND
ENDING SEPTEMBER 30, 2024 FOR APPROPRIATING ADDITIONAL FUNDS TO THE
POLICE PENSION FUND; AND PROVIDING AN EFFECTIVE DATE.
Ordinance No. 20-25-177
43 - 45
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Regular City Commission - 27 Jan 2025
10. MISCELLANEOUS BUSINESS
10.A.
Public Hearing - APP 25-0001 - Appeal of the Community Development Board
(CDB) - Decision for ZVAR 24-0005 (223 Ocean Boulevard)
Request for a variance to add a new second story over the footprint of existing
nonconforming first story detached garage at 223 Ocean Boulevard.
10.A1.
Disclosure of Ex Parte Communications, if any
10.A2.
City Attorney Procedural Reminders
Appeal Procedures
47 - 50
10.A3.
Swearing in of all persons who will speak
10.A4.
City Staff Overview
APP25-0001
51 - 85
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,
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,
Page 3 of 85
Regular City Commission - 27 Jan 2025
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 4 of 85
Regular City Commission
January 13, 2025
MINUTES
Regular City Commission Meeting
Monday, January 13, 2025 - 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
Thomas Grant, Commissioner - Seat 3
Candace Kelly, Commissioner - Seat 4 (District 1306)
Jessica Ring, Commissioner - Seat 5 (District 1312)
Absent:
Also Present: William B. Killingsworth, City Manager (CM)
Kevin Hogencamp, Deputy City Manager (DCM)
Jason Gabriel, City Attorney (CA)
Donna Bartle, City Clerk (CC)
Michelle Weippert, Records Management Specialist (RMS)
Victor Gualillo, Police Chief (PC)
1 APPROVAL OF MINUTES
1A. Approve minutes of the Regular Commission Meetings held on November 25, 2024
and December 9, 2024.
The Commission approved the minutes as submitted.
1B. Approve minutes of the December 9, 2024 Commission Workshop.
The Commission approved the minutes as submitted.
2. COURTESY OF FLOOR TO VISITORS
2.A. Wreaths Across America Presentation
Leslie May, Regent of the Jean Ribault Chapter, Daughters of the American Revolution
gave a brief speech and presented awards to the City staff and Commissioners who
participated.
Page 1 of 9
Agenda Item #1.A.
27 Jan 2025
Page 5 of 85
Regular City Commission
January 13, 2025
PUBLIC COMMENT
The following speakers provided their comments to the public:
Penny Rauckis
Amanda Napolitano
David Bew
3. CITY MANAGER REPORTS
3.D. Additional Update
CM Killingsworth reported on future street closures due to the DONNA Marathon
Weekend.
3.A. Accept the 90-Day Calendar (Jan. - Mar. 2025)
There was a CONSENSUS to accept the 90-Day Calendar.
3.B. JEA Arborist
Joe Anderson Utility Forester, reported on future line clearance in AB and answered
questions from the Commission.
3.C. E-Bike Presentation
PC Gualillo presented as detailed in the agenda packet and answered questions from the
Commission.
There was a CONSENSUS that PC Gualillo would bring back a draft e-bike ordinance
by the next commission meeting, and that Commissioners would provide their feedback
by the end of business on Wednesday, January 15, 2025.
3.E. Additional Updates
CM Killingsworth
Informed the Commission there was no unauthorized camping at Tide Views
Preserve.
Spoke about revising the City's Code on alcohol regulations.
There was a CONSENSUS to revising the ordinance on alcohol.
Spoke about removing the use of the electedofficials@coab.us email.
There was a CONSENSUS to no longer have the electedofficials@coab.us email.
Spoke about how to manage the consent agenda portion of the agenda and
answered questions from the Commission.
Page 2 of 9
Agenda Item #1.A.
27 Jan 2025
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Regular City Commission
January 13, 2025
4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
The following Commissioners provided reports:
Commissioner Grant
Commissioner Kelly
Commissioner Ring
Mayor Ford
5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
None.
6. CONSENT AGENDA
None.
7. COMMITTEE REPORTS
None.
8. ACTION ON RESOLUTIONS
8.A. RESOLUTION NO. 25-01
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AUTHORIZING THE MODERNIZATION OF THE EFFLUENT CONTROL
SYSTEM AT THE WASTEWATER TREATMENT PLANT; 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.
MOTION: Approve Resolution No. 25-01.
Motion: Bruce Bole
Second: Candace Kelly
Curtis Ford For
Bruce Bole (Moved By) For
Thomas Grant For
Candace Kelly (Seconded By) For
Jessica Ring For
Motion passed 5 to 0.
8.B. RESOLUTION NO. 25-02
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
DESIGNATING A SIXTY-EIGHT INCH MULTI-TRUNK DIAMETER LIVE
OAK TREE AT 1958 BRISTA DE MAR CIRCLE AND 1964 BRISTA DE MAR
CIRCLE AS A HERITAGE TREE; AND PROVIDING AN EFFECTIVE DATE.
Page 3 of 9
Agenda Item #1.A.
27 Jan 2025
Page 7 of 85
Regular City Commission
January 13, 2025
MOTION: Approve Resolution No. 25-02 as read.
Motion: Jessica Ring
Second: Candace Kelly
Curtis Ford For
Bruce Bole For
Thomas Grant For
Candace Kelly (Seconded By) For
Jessica Ring (Moved By) For
Motion passed 5 to 0.
8.C. RESOLUTION NO. 25-03
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AUTHORIZING THE PUBLIC UTILITIES DEPARTMENT TO DISPOSE OF
WASTEWATER SLUDGE HAULER TRUCK D-12 AND PURCHASE A NEW
TRUCK; 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.
MOTION: Adopt Resolution (No.) 25-03.
Motion: Bruce Bole
Second: Candace Kelly
Curtis Ford For
Bruce Bole (Moved By) For
Thomas Grant For
Candace Kelly (Seconded By) For
Jessica Ring For
Motion passed 5 to 0.
8.D. RESOLUTION NO. 25-04
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
REQUESTING THAT THE CITY OF JACKSONVILLE REALLOCATE
$500,000 IN ITS FIVE-YEAR CAPITAL IMPROVEMENT PLAN TO FUND
IMPROVEMENTS TO THE CITY OF ATLANTIC BEACH’S FUTURE
COMMUNITY CENTER IN MARSH OAKS; AUTHORIZING THE CITY
MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS TO
EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; PROVIDING FOR
CONFLICTS; AND PROVIDING AN EFFECTIVE DATE.
MOTION: Approve Resolution No. 25-04.
Page 4 of 9
Agenda Item #1.A.
27 Jan 2025
Page 8 of 85
Regular City Commission
January 13, 2025
Motion: Jessica Ring
Second: Candace Kelly
Curtis Ford For
Bruce Bole For
Thomas Grant For
Candace Kelly (Seconded By) For
Jessica Ring (Moved By) For
Motion passed 5 to 0.
8.E. RESOLUTION NO. 25-05
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE
EXPENDITURE OF UP TO $45,000 FOR THE PURCHASE OF A 2024 GMC
SIERRA PICKUP TRUCK FOR THE ANIMAL CONTROL DIVISION;
AUTHORIZING THE UTILIZATION OF UNUSED FUNDS BUDGETED FOR
POLICE SALARIES IN THE FISCAL YEAR 2024-25 BUDGET FOR THE
PURPOSE OF MAKING THIS PURCHASE; 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.
MOTION: Approve Resolution No. 25-05.
Motion: Jessica Ring
Second: Bruce Bole
Curtis Ford For
Bruce Bole (Seconded By) For
Thomas Grant For
Candace Kelly For
Jessica Ring (Moved By) For
Motion passed 5 to 0.
8.F. RESOLUTION NO. 25-06
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING A
ONE-YEAR AUDITOR ENGAGEMENT EXTENSION CONTINUING THE
AUDITING SERVICES OF PURVIS GRAY & COMPANY; AUTHORIZING
THE MAYOR AND CITY MANAGER TO EXECUTE ANY CONTRACTS; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY PURCHASE
ORDERS AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
MOTION: Approve Resolution (No.) 25-06.
Page 5 of 9
Agenda Item #1.A.
27 Jan 2025
Page 9 of 85
Regular City Commission
January 13, 2025
Motion: Bruce Bole
Second: Candace Kelly
Curtis Ford For
Bruce Bole (Moved By) For
Thomas Grant For
Candace Kelly (Seconded By) For
Jessica Ring For
Motion passed 5 to 0.
8.G. RESOLUTION NO. 25-07
A RESOLUTION OF THE CITY OF ATLANTIC BEACH EXTENDING THE
TERM OF SUZANNE GREEN AS SPECIAL MAGISTRATE FOR ONE YEAR;
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.
MOTION: Approve Resolution No. 25-07.
Motion: Jessica Ring
Second: Bruce Bole
Curtis Ford For
Bruce Bole (Seconded By) For
Thomas Grant For
Candace Kelly For
Jessica Ring (Moved By) For
Motion passed 5 to 0.
8.H. RESOLUTION NO. 25-08
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AWARDING THE CONTRACT FOR THE BEACHES FALLEN WARTIME
HEROES MONUMENT IN BEACHES VETERANS MEMORIAL PARK TO
NOBLE MONUMENT COMPANY, INC.; 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.
MOTION: Approve Resolution No. 25-08 with the additional plan B option.
Motion: Jessica Ring
Second: Bruce Bole
Page 6 of 9
Agenda Item #1.A.
27 Jan 2025
Page 10 of 85
Regular City Commission
January 13, 2025
Curtis Ford For
Bruce Bole (Seconded By) For
Thomas Grant For
Candace Kelly For
Jessica Ring (Moved By) For
Motion passed 5 to 0.
9. ACTION ON ORDINANCES
9.A. ORDINANCE NO. 58-24-47, Public Hearing and Final Reading
AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE
VI, EMPLOYEE BENEFITS, DIVISION 3, GENERAL EMPLOYEES’
RETIREMENT SYSTEM, SECTION 2-266, “BENEFIT AMOUNTS AND
ELIGIBILITY”, TO PROVIDE FOR A COST-OF-LIVING ADJUSTMENT;
PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
MOTION: Approve Ordinance No. 58-24-47.
Motion: Jessica Ring
Second: Candace Kelly
Curtis Ford For
Bruce Bole For
Thomas Grant For
Candace Kelly (Seconded By) For
Jessica Ring (Moved By) For
Motion passed 5 to 0.
9.B. ORDINANCE NO. 58-24-48, Public Hearing and Final Reading
AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE
VI, EMPLOYEE BENEFITS, DIVISION 4, POLICE OFFICERS’ RETIREMENT
SYSTEM, SECTION 2-305, “BENEFIT AMOUNTS AND ELIGIBILITY”, TO
AMEND THE BENEFIT MULTIPLIER AND TO PROVIDE FOR A COST-OF-
LIVING ADJUSTMENT; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION: Approve Ordinance No. 58-24-48.
Motion: Jessica Ring
Second: Bruce Bole
Curtis Ford For
Page 7 of 9
Agenda Item #1.A.
27 Jan 2025
Page 11 of 85
Regular City Commission
January 13, 2025
Bruce Bole (Seconded By) For
Thomas Grant For
Candace Kelly For
Jessica Ring (Moved By) For
Motion passed 5 to 0.
9.C. ORDINANCE NO. 5-25-69, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING SECTION 2-16 OF THE CITY CODE TO CHANGE THE
REGULAR MEETING TIME OF THE CITY COMMISSION; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
MOTION: Approve Ordinance No. 5-25-69.
Motion: Bruce Bole
Second: Thomas Grant
Curtis Ford For
Bruce Bole (Moved By) For
Thomas Grant (Seconded By) For
Candace Kelly Against
Jessica Ring Against
Motion passed 3 to 2.
9.D. ORDINANCE NO. 5-25-70, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 2,
ADMINISTRATION, DIVISION 2 – SPECIAL MAGISTRATE, SECTION 2-143,
SPECIAL MAGISTRATE APPOINTMENT; QUALIFICATIONS; TERM, AND
SECTION 2-144 SPECIAL MAGISTRATE COMPENSATION OF THE CITY
OF ATLANTIC BEACH CODE OF ORDINANCES; PROVIDING FOR
ADOPTION OF SAID AMENDMENTS; PROVIDING FOR PURPOSE AND
INTENT; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
MOTION: Approve Ordinance (No.) 5-25-70.
Motion: Bruce Bole
Second: Candace Kelly
Curtis Ford For
Bruce Bole (Moved By) For
Page 8 of 9
Agenda Item #1.A.
27 Jan 2025
Page 12 of 85
Regular City Commission
January 13, 2025
Thomas Grant 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
CC Bartle
Informed the Commission The Beaches Leader is no longer doing advertisements, and
that public hearing notices were posted a week early. CA Gabriel informed the
Commission that we will publish digitally, and that he will look into making sure criteria
pursuant to the Florida Statute is met.
12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER
The following Commissioners provided reports:
Mayor Ford
13. ADJOURNMENT
The meeting adjourned at 9:08 PM
Attest:
Date Approved: ________________
Donna L. Bartle, City Clerk Curtis Ford, Mayor
Page 9 of 9
Agenda Item #1.A.
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Agenda Item #3.B.
27 Jan 2025
Page 15 of 85
Agenda Item #3.B.27 Jan 2025
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Agenda Item #3.B.27 Jan 2025
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Agenda Item #3.B.27 Jan 2025
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CITY OF ATLANTIC BEACH
CITY COMMISSION
STAFF REPORT
AGENDA ITEM:Consideration of legislation regarding the conduct of business activities in
parks and facilities.
SUBMITTED BY:Kevin Hogencamp,Deputy City Manager
TODAY’S DATE:January 15,2025
MEETING DATE:January 27,2025
SUMMARY:Prudently regulating business activity within city parks and facilities enables local
government to ensure that these valuable public resources are used thoughtfully,effectively and
equitably for the bene?t of the entire community,and that liability is mitigated.At the
encouragement of City Commission members,City staff is preparing an ordinance for introduction
at the Commission’s Feb.10 meeting regarding the conduct of business activities within parks and
facilities.The draft ordinance is presented as a conversation-starter;public and Commission input
is desired.
Cities regulate business and often prohibit business activity in parks and facilities for many
reasons.Among them:
.Mitigating Liability:Prohibiting business activities in parks can mitigate liability for
the park‘s governing body in several ways:
0 Reduced Risk of Injury:Some businesses involve activities that increase the risk of
injury to park visitors.
0 Increased Foot Traf?c:Businesses can signi?cantly increase foot traf?c in a park,
potentially leading to overcrowding,congestion,and a higher likelihood of
accidents.
0 Safety Standards:Businesses operating within a park may not adhere to the same
safety standards as the park itself.This can create inconsistencies in safety measures
and increase the risk of accidents.
0 Liability for Business Activities:If a visitor is injured due to the negligence of a
business operating within the park,the park‘s governing body could be held
partially liable,even if it did not directly cause the injury.
.Preserving Public Space/Maintaining the Public Purpose:City parks and facilities are
intended for the enjoyment and recreation of all citizens.Unrestricted business activity
can create:
0 Distraction and Noise:Commercial activities can generate noise,traf?c,and other
disturbances that disrupt the peaceful and recreational nature of the park.
Agenda Item #3.C.
27 Jan 2025
Page 19 of 85
0 Visual Impact:Businesses may introduce visual clutter and detract from the natural
beauty of the park environment.
0 Barriers to access:Commercial activities can make city parks and facilities feel
exclusive or unwelcoming to certain groups and take up space needed for passive
recreation like walking,picnicking,or simply enjoying nature.
o Protecting the Environment:Parks often contain sensitive ecosystems.Business
activities can:
0 Damage natural resources by harming trees,plants,and wildlife habitats.
0 Increase Pollution:Businesses may generate waste,noise,and light pollution that
negatively impact the park's ecological integrity.
0 Easier to Maintain and Supervise:
0 Reduced Complexity:Prohibiting business activity simpli?es park management by
reducing the number of entities and activities that need to be monitored and
regulated.
0 Improved Enforcement:Clear prohibitions on business activity make it easier to
enforce park regulations,mitigate risks,and ensure that the city only approves
activities that align with the city’s objectives.
0 Lead to con?icts:Competition between businesses and the potential for
overcrowding can lead to con?icts within city parks and facilities.
(*Informationsources include:National Recreation and Parks Association:”Parks and
Recreation is Essential”;Trout Brook Arborists:”Understanding the Impact of Urban
Development on Trees ”;Santa Clara University Markkula Center for Applied Ethis:”Public
O?icials as Fiduciaries”;Health Facility Management magazine:”Regulatory Guidance for
Facilities Managers )
RECOMMENDATION:Commission provide input to staff helpful to determine the language in
an ordinance regarding the conduct of business activities within parks and facilities.
BUDGET:N.A.
ATTACHMENT:Draft Ordinance
CITY MANAGER:‘
Agenda Item #3.C.
27 Jan 2025
Page 20 of 85
ORDINANCE NO.:
AN ORDINANCE TO ESTABLISH RULES FOR THE USE AND CONDUCT OF BUSINESS
ACTIVITIES IN CITY OWNED PARKS AND FACILITIES;PROVIDING DEFINITIONS;
PROVIDING FOR RULES AND REGULATIONS;PROVIDING FOR PROHIBITIONS;
PROVIDING FOR PENALTIES AND ENFORCEMENT;PROVIDING FOR CONFLICT AND
SEVERABILITY;PROVIDING FOR INCORPORATION IN THE CODE OF ORDINANCES;
PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City of Atlantic Beach desires to maintain
its recreation facilities for the enjoyment and bene?t of a1
WHEREAS,the conduct of commercial activities Withlnithesepublicspa
WWW
on the recreational use,environmental quality,and overallcharacter of s
“a 1.
activities withinCityparks and facilities and it has beendeterrnlnedthattheadopt”
in the best interest of the City and its res,"W a?
NOW,THEREFORE,BE IT ORDAIN
ATLANTIC BEACH AS FOLLOWS:'
/.”.--"I,-
0 "BusinessActivity.shallmeanany actiVityConducted for pro?t,including but not limited to:*
W??[WM
Sales ofgoodsor semcei;SoliCitationOfdonations or contributions *Advertising or promotional
activities*UseOf park OrfacilityforCommercial?lming or photography *Conducting classes or
workshopsfOrWpro?t \3‘:
0 "City Manager;shall mean,he City Manager of the City of Atlantic Beach or his/her designee.
'WW
0 "City Park"Shallmeanany park,playground green space,or other public area owned or
maintained by theC1tya3;Atlant1cBeach.."City Facility"shallmeanany building,structure,or other facility owned or maintained by the
City of Atlantic Beach ineludingbut not limited to community centers,libraries,and recreational
centers.
‘,j
Section 2.Prohibition of Business Activities.Business Activities are prohibited in all City Parks and
City Facilities,unless as otherwise expressly provided in this Chapter.No person or entity shall conduct
any Business Activity in any City Park or City Facility without ?rst obtaining written approval ?'om the
City Manager as expressly set forth in Section herein.
56352202 v1
PAR S),ARTICLE III (PUBLIC[CONSIDER slMli-‘VDA-IEA’TT0
PARKS”
Agenda Item #3.C.
27 Jan 2025
Page 21 of 85
Section 3.Limited Approval for Non-Pro?t Entities and City Partnerships.The City Manager shall
only approve Business Activities in City Parks or City Facilities conducted by a non-pro?t entity and/or
conductedby permit and/or in partnership with the City.
Section 4.City Manager's Authority The City Manager shall have the administrative authority to do
any of the following:
0 Approve or deny any request or application for the conduct of a Business Activity.Impose conditions or restrictions on approved activities.Revoke approval for any Business Activity that violates this,Ordinance or any other applicable
laws or regulations
Section 5.Enforcement Any person or entity that violates ’
of not more than $500 for each violation.r
(c)If any word,phrase,clause,subsection,or;sectionofthisgOrdinanceisfor any reason held
unconstitutional or invalid by a court of competentjurisdiction,the invalidity thereof shall not affect the
validity
56352202 v1
of any remaining portions
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AGENDA ITEM:Ordinance No.20-25-177 amending the operating budget for the ?scal year
beginning Oct.1,2023,and ending Sept.30,2024.
SUBMITTED BY:Brittany Percell,Director of Finance
CITY OF ATLANTIC BACH
CITY COMMISSION MEETING
STAFF REPORT
TODAY’S DATE:January 21,2025
MEETING DATE:January 27,2025
BACKGROUND:This is due to the 2023 Annual Report for the Atlantic Beach Police
Of?cers”Pension Fund not being completed timely.An additional employer
contribution is required to cover state funds not received.Withheld funds
are expected to be received in the current ?scal year.
BUDGET:Police Of?cers’Pension Fund -$130,000 increase in revenues
RECOMMENDATION:Approve Ordinance No.20-25-177.
ATTACHMENT:Ordinance No.20—25—177
REVIEWED BY CITY MANAGER:
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ORDINANCE NO.20-25—177
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH,FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1,
2023 AND ENDING SEPTEMBER 30,2024 FOR APPROPRIATING
ADDITIONAL FUNDS TO THE POLICE PENSION FUND;AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,the City Charter of the City of Atlantic Beach requires that the City Commission
approve all budgetary increases and transfers at the fund level;and
WHEREAS,the nature of budgetary systems and those day—to—daydecisions affecting such
budgetary systems require adjustments from time-to-tirne;and
WHEREAS,the City desires to now amend the operating budget to add net funds totaling $130,000
to cover additional employer contributions to the Police Of?cers’Pension Fund.
NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE
PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA,that:
SECTION 1.The Fiscal Year 2023/2024 Operating Budget is hereby amended as follows:
($21,279)
($18,168)
($44,795)
($32,370)
($13,388)
$130,000
$0.00
POLICE PENSION FUND
Expenditures:
Public Safe
Operating Supplies
Machinery &Equipment
Overtime
Unfunded Liability Pension
Salaries
Public Safe
Pension City Contribution
Total Expenses:
Revenues:
Employer Contributions
Total Revenue:
$1 $0,000
$130,000
SECTION 2.This ordinance shall take effect immediately upon adoption.
GENERAL FUND
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PASSED by the City Cominission on ?rst reading this 27thday of January 2025.
PASSED by the City Commission on second and ?nal reading this 10thday of February 2025.
Jason Gabriel
City Attorney
Curtis Ford
Mayor
Donna L.Bartle
City Clerk
Approved as to form and correctness:
ATTEST:
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