5-27-25 Final Agenda
City of Atlantic Beach
Final Agenda
Regular City Commission Meeting
Tuesday, May 27, 2025 - 6:00 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 April 28, 2025.
4-28-25 Regular City Commission Draft Minutes
5 - 31
*
1.B.
Approve minutes of the Regular Commission Meeting held on May 12, 2025.
5-12-25 Regular City Commission Draft Minutes
33 - 54
2. COURTESY OF FLOOR TO VISITORS
PUBLIC COMMENT
3. CITY MANAGER REPORTS
*
3.A.
Accept the 90-Day Calendar (May - July 2025)
90-Day Calendar (May - July 2025)
55 - 58
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.
Approve Resolution No. 25-40
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY
MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING BETWEEN
THE JACKSONVILLE SHERIFF’S OFFICE AND THE CITY OF ATLANTIC BEACH FOR A
59 - 64
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BACKUP 911 CENTER; GIVING THE CITY MANAGER SIGNATORY AUTHORITY; IN
ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
Resolution No. 25-40
6.B.
Approve Resolution No. 25-41
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE
CITY MANAGER TO APPROVE AND EXECUTE ON BEHALF OF THE CITY OF
ATLANTIC BEACH SPECIFIED UTILITIES RELATED DOCUMENTS BETWEEN THE
FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF ATLANTIC
BEACH; AND PROVIDING AN EFFECTIVE DATE.
Resolution No. 25-41
65 - 70
7. COMMITTEE REPORTS
None.
8. ACTION ON RESOLUTIONS
None.
9. ACTION ON ORDINANCES
9.A.
ORDINANCE NO. 95-25-124, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE
OF FLORIDA, AMENDING CHAPTER 23, PROTECTION OF TREES AND THE
NATURAL ENVIRONMENT, DIVISION 3. – PERMITS, SEC. 23-23.- PERMITS
PROCEDURES, AND SEC. 23-25.- APPEALS; AMENDING DIVISION 6.-VIOLATIONS,
ENFORCEMENT AND PENALTIES BY MOVING SEC. 23-52.-, ENVIRONMENTAL
STEWARDSHIP COMMITTEE-INTENT, INTO A NEW DIVISION 7, ENTITLED
ENVIRONMENTAL STEWARDSHIP COMMITTEE, AND RENUMBERING WITH NEW
SECTIONS, 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. 95-25-124
71 - 98
9.B.
ORDINANCE NO. 95-25-125, Public Hearing and Final Reading
AN ORDINANCE TO AMEND CHAPTER 5 (BEACHES AND PARKS), ARTICLE III
(PUBLIC PARKS), TO ADD A NEW SECTION 5-34 ESTABLISHING RULES AND
REGULATIONS FOR CONDUCTING 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, SEVERABILITY AND SCRIVENER’S
ERRORS; PROVIDING FOR INCORPORATION AND CODIFICATION IN THE CODE OF
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
Ordinance No. 95-25-125
99 - 106
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9.C.
ORDINANCE NO. 5-25-71, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, REPEALING PORTIONS OF PREVIOUS RESOLUTIONS REGARDING THE
CREATION OF THE ARTS, RECREATION, AND CULTURE COMMITTEE; CHANGING
THE TITLE OF CHAPTER 5 TO BEACHES, PARKS AND RECREATION WITH THE
PURPOSE OF ESTABLISHING PROVISIONS GOVERNING THE ARTS, RECREATION,
AND CULTURE COMMITTEE INCLUDING: PURPOSE; MEMBERSHIP; TERMS OF
MEMBERSHIP; FILLING OF VACANCIES; REMOVAL OF MEMBERS; DUTIES AND
RESPONSIBILITIES; CITY STAFF ADMINISTRATIVE SUPPORT; PROCEDURES AND
RULES; ORGANIZATION OF OFFICERS AND LIABILITY TO CITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Ordinance No. 5-25-71
107 - 124
10. MISCELLANEOUS BUSINESS
*
10.A.
Reappointments and Appointments to Environmental Stewardship Committee
(ESC)
Reappointments & Appointments to ESC
125 - 131
10.B.
Public Hearing on Waiver Request (WAIV25-0002)
Request for a waiver from Section 19-1 to allow a parking pad in city right-of-
way at 170 Club Drive.
10.B1.
City Attorney Procedural Reminders
Waiver Hearing Procedures
133 - 139
10.B2.
Disclosure of Ex Parte Communications, if any
10.B3.
Swearing in of all persons who will speak
10.B4.
City Staff Overview
WAIV25-0002
141 - 154
10.B5.
Applicant Presentation
10.B6.
Public Comments
10.B7.
Closing Comments/Rebuttal
10.B8.
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
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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,
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.
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Regular City Commission
April 28, 2025
MINUTES
Regular City Commission Meeting
Monday, April 28, 2025 - 6:00 PM
Commission Chamber
City Hall, 800 Seminole Road
Atlantic Beach, FL 32233
INVOCATION AND PLEDGE OF ALLEGIANCE
CALL TO ORDER:
Mayor Ford introduced Eli Brown, the Mayor for a Day. Following the Pledge of Allegiance, Mayor
Brown opened the meeting and Mayor Ford called it to order at 6:00 PM. CC Bartle called the roll.
ATTENDANCE:
Present: Curtis Ford, Mayor - Seat 1 (At Large)
Bruce Bole, Commissioner - Seat 2 (District 1308)
Candace Kelly, Commissioner - Seat 4 (District 1306)
Jessica Ring, Commissioner - Seat 5 (District 1312)
Absent: Thomas Grant, Commissioner - Seat 3 (District 1307)
Also Present: William B. Killingsworth, City Manager (CM)
Jason Gabriel, City Attorney (CA)
Donna Bartle, City Clerk (CC)
Kevin Hogencamp, Deputy City Manager (DCM)
Ladayija Nichols, Deputy City Clerk (DCC)
Victor Gualillo, Police Chief (PC)
Amanda Askew, Neighborhoods Department Dir. (NDD)
1 APPROVAL OF MINUTES
1A. Approve minutes of the Commission Workshop - Presentation of Environmental
Stewardship Committee's Priorities held on April 14, 2025.
The Commission approved the minutes as submitted.
1B. Approve minutes of the Regular Commission Meeting held on April 14, 2025.
The Commission approved the minutes as submitted.
REORDER THE AGENDA TO PLACE ITEM 9A BEFORE ITEM 8A.
A. Mayor Ford requested a change to the agenda order
MOTION: Swap (Place agenda item) 9A (before) for 8A.
Motion: Bruce Bole
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Agenda Item #1.A.
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Second: Jessica Ring
Curtis Ford For
Bruce Bole (Moved By) For
Candace Kelly For
Jessica Ring (Seconded By) For
Motion passed 4 to 0.
2. COURTESY OF FLOOR TO VISITORS
2.A. Water Conservation Month proclamation
Mayor Ford presented a proclamation to Doug Conkey, who offered brief remarks on
the importance of water conservation.
CDBG Proclamation
Mayor Ford gave brief remarks regarding the proclamation (which is attached hereto and
made part of this official record as Attachment A) and CM Killingsworth shared
examples of projects funded by CDBG in Atlantic Beach.
4-28-25 Attachment A
2.B. Police Department: Officer Dylan Dore Swearing-In
PC Guallilo administered the police officer oath to Officer Dore.
PUBLIC COMMENT
The following speakers provided their comments:
Carolyn Zisser referenced a letter previously sent to the Commission (which is attached
hereto and made part of this official record as Attachment B).
Don Wolfson
Sarah Boren referenced a document (which is attached hereto and made part of this
official record as Attachment C).
Dan Giovannuci
Mayor For the Day Brown read off a round of requests and the City Commisson agreed
to a CONSENSUS on the following:
Direct the City Manager to study and report back on whether additional dog waste
stations are needed in city parks.
Evaluate the need for more bike racks in parks, including cost estimates and
potential plans for purchase and installation.
Study the feasibility of adding crosswalk lights at the five-way intersection.
Commissioner Bole noted interest in understanding how this may impact traffic
flow and vehicle speed.
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Agenda Item #1.A.
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Mayor Ford presented a certificate to Mayor Brown (which is attached hereto and made
part of this official record as Attachment D).
4-28-25 Attachment B
4-28-25 Attachment C
4-28-25 Attachment D
3. CITY MANAGER REPORTS
3.A. Accept the 90-Day Calendar (April-June 2025)
CM Killingsworth reported as outlined in the agenda packet, with the addition of a
Priority Setting Meeting scheduled for May 12, 2025, at 5:00 PM. He also clarified that
the May 27, 2025 Workshop will begin at 5:30 PM.
There was a CONSENSUS to accept the 90-Day Calendar as amended, reflecting the
addition of the May 12 Priority Setting Meeting and the May 27 Workshop.
Additional Update
CM Killingsworth provided an update on the Aquatic Gardens project, noting that the
contract is expected to be signed soon. He also responded to questions from the
Commission. Mayor Ford requested that the CM expedite the signing, if possible, as
early as the following day.
4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
Commissioner Bole
Announced that the Beaches Town Center Agency is still seeking volunteers and
sponsors for the upcoming Dancin’ in the Streets event.
Commissioner Kelly
Shared that the ESC Awards event was well done.
Recognized the Boy Scouts for restoring their building.
Noted that the Arts in the Park event was well attended.
Commissioner Ring
Thanked staff for their efforts in supporting the numerous events held throughout April.
Expressed appreciation to the City Manager and Public Works for their responsiveness
and assistance with a fallen tree over the weekend.
Mayor Ford
Complimented the ESC Awards
Reported that the Easter egg hunt was well executed
Requested that Commissioners come prepared to discuss the fire services contract
between AB and the City of Jacksonville (COJ) at the next meeting. He expressed
interest in considering a suspension of payments to COJ due to lack of response.
5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
5.A. Discussion on ESC Ordinance and Proposed Amendments
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Agenda Item #1.A.
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CM Killingsworth led a discussion on the proposed ordinance amendments as outlined
in the agenda packet. The Commission reached consensus on the following revisions:
Page 65: No changes were made to the section.
Page 69: An amendment recommended by a citizen was approved, adding
“and/or upon request of the Environmental Stewardship Committee” under the
duties and responsibilities section.
Page 72: The Appointments section will be revised to state: “Committee
members shall be recommended by the Board Member Review Committee and
shall be approved by the Commission.”
Page 73: A clarification was made regarding grandfathering of current members,
allowing them to complete their existing terms under the rules in place at the time
of their appointment. The Commission agreed to revisit term limits at the next
meeting, but for now, the limit will remain at two four-year terms. A resolution
will be introduced after the new ordinance is passed to define the specific terms
of each member.
Pages 74–75: Regarding the Tree Subcommittee, Commissioner Ring requested
input from the ESC. The word “educating” will be added to the list of duties.
Page 76: A standard scrivener’s clause will be included to allow Municode and
staff to renumber or reformat provisions as necessary.
The Commission also discussed the frequency of committee meetings. Commissioners
Kelly and Bole expressed support for some flexibility, while also emphasizing the City
Manager’s role in coordinating with the committee. Commissioner Ring sought
clarification regarding the need for additional meetings and the status of remaining
subcommittees. It was confirmed that all subcommittees, with the exception of the Tree
Subcommittee, will be eliminated. CA Gabriel provided guidance on Florida’s Sunshine
Law and noted that application of the rules would vary depending on specific
circumstances.
5.B. Discussion on Business in Parks Ordinance and Proposed Amendments
CM Killingsworth led the discussion on the ordinance amendments as outlined in the
agenda packet. The Commission agreed to the following revisions:
All proposed amendments were approved as presented, with the addition of a
revision to Section 3 of the policy, under Registration Application Requirements,
Item 2. The word “out” will be removed so the sentence reads:
“By filing an application, the applicant agrees to abide by all requirements,
stipulations, and pay all fees associated with the potential issuance of a Parks and
Recreation business activities registration.”
Additional Discussion (Applicable to Both Ordinances):
Commissioner Ring requested that the CM meet with the Chair of ESC to further discuss
the proposed ESC ordinance amendments. Mayor Ford asked Chair Boren if she would
be available to meet. Chair Boren indicated she could make herself available but was not
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comfortable speaking on behalf of the full committee. Mayor Ford noted that citizens
continue to communicate with the Commission and encouraged anyone with additional
input to reach out in the coming two weeks.
The Commission agreed to leave the Business in Parks ordinance as currently written
with the agreed upon amendments and to bring back a final version of the ESC ordinance,
with amendments, for consideration at the next meeting.
6. CONSENT AGENDA
6.A. Approve Resolution No. 25-37
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AUTHORIZING FOUNDATION REPAIRS FOR THE PUMP ROOM AT
WATER TREATMENT PLANT #2; 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.
6.B. Approve Resolution No. 25-38
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AUTHORIZING THE CITY TO CONTRACT WITH C & L LANDSCAPE, INC.
TO PERFORM TIDE VIEWS PRESERVE NORTH KAYAK LAUNCH
RENOVATION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
CONTRACT AND PURCHASE ORDER IN ACCORDANCE WITH AND AS
NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE
6.C. Declare the listed properties as surplus and authorize disposal of each in the most
beneficial way to the City.
MOTION: Approve consent agenda items 6A-6C as written.
Motion: Jessica Ring
Second: Candace Kelly
Curtis Ford For
Bruce Bole For
Candace Kelly (Seconded By) For
Jessica Ring (Moved By) For
Motion passed 4 to 0.
7. COMMITTEE REPORTS
7.A. Reappointments to the Board Member Review Committee (BMRC)
MOTION: Reappoint members as listed in the agenda staff report.
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Motion: Jessica Ring
Second: Bruce Bole
Curtis Ford For
Bruce Bole (Seconded By) For
Candace Kelly For
Jessica Ring (Moved By) For
Motion passed 4 to 0.
9. ACTION ON ORDINANCES
9.A. ORDINANCE NO. 20-25-179, Public Hearing and Final Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY
OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING
OCTOBER 1, 2024 AND ENDING SEPTEMBER 30, 2025, AND PROVIDING AN
EFFECTIVE DATE.
The public hearing was opened, there were no speakers and the public hearing was
closed.
MOTION: Approve Ordinance No. 20-25-179.
Motion: Bruce Bole
Second: Candace Kelly
Curtis Ford For
Bruce Bole (Moved By) For
Candace Kelly (Seconded By) For
Jessica Ring For
Motion passed 4 to 0.
8.A. RESOLUTION NO. 25-24
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AUTHORIZING THE CHANGE ORDER FOR THE PUBLIC UTILITIES
WATER TREATMENT PLANT #2 PROJECT; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE 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. 25-24.
Motion: Jessica Ring
Second: Bruce Bole
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Agenda Item #1.A.
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Curtis Ford For
Bruce Bole (Seconded By) For
Candace Kelly For
Jessica Ring (Moved By) For
Motion passed 4 to 0.
8. ACTION ON RESOLUTIONS
8.B. RESOLUTION NO. 25-39
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC
BEACH, FLORIDA, SUPPORTING THE CITY OF ATLANTIC BEACH’S
$1,080,000 FEDERAL COMMUNITY PROJECT FUNDING REQUEST FOR
DUNE WALKOVER CONSTRUCTION; AND PROVIDING AN EFFECTIVE
DATE.
MOTION: Approve Resolution No. 25-39.
Motion: Jessica Ring
Second: Bruce Bole
Curtis Ford For
Bruce Bole (Seconded By) For
Candace Kelly For
Jessica Ring (Moved By) For
Motion passed 4 to 0.
9.B. ORDINANCE NO. 25-25-46, Introduction and First Reading
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF ATLANTIC
BEACH AMENDING THE CODE OF ORDINANCES, CHAPTER 8 FLOOD
HAZARD AREAS, TO SPECIFY ELEVATION OF MANUFACTURED HOMES
AND TO CLARIFY PREVIOUSLY ADOPTED BUILDING ELEVATIONS;
PROVIDING FOR APPLICABILITY AND SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
MOTION: Approve Ordinance No. 25-25-46 (on first reading).
Motion: Jessica Ring
Second: Candace Kelly
MOTION: Amend Ordinance No. 25-45-46 to have it at four and a half feet instead of two
and a half
Motion: Jessica Ring
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Motion failed.
MOTION: Approve (Ordinance No.) 25-25-46 (on first reading).
Motion: Bruce Bole
Second: Candace Kelly
Curtis Ford For
Bruce Bole (Moved By) For
Candace Kelly (Seconded By) For
Jessica Ring For
Motion passed 4 to 0.
The meeting recessed from 8:34 PM to 8:40 PM.
10. MISCELLANEOUS BUSINESS
10.A. Public Hearing - APP25-0003 - Appeal of a decision of the Community
Development Board (CDB) for variance ZVAR25-0005 at 1889 Beach Avenue
Request for a variance to add a new generator in the northern side yard of the
property.
10.B. Disclosure of Ex Parte Communications, if any
The Commission indicated that there were no disclosures.
10.C. City Attorney Procedural Reminders
CA Gabriel explained the procedures as detailed in the agenda packet.
10.D. Swearing in of all persons who will speak
CC Bartle administered the oath to all speakers.
10.E. City Staff Overview
NDD Askew gave a presentation (which is attached hereto and made part of this Official
Record as Attachment E) and answered questions from the Commission.
4-28-25 Attachment E
10.F. Applicant Presentation
Hannah Rullo, applicant representative, gave a presentation and circulated a photo,
(which is attached hereto and made part of this Official Record as Attachment F). Ms.
Rullo and Christopher Emans, the applicant, responded to questions from the
Commission.
4-28-25 Attachment F
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10.G. Public Comments
There were no speakers.
10.H. Closing Comments/Rebuttal
The applicant and their representative expressed appreciation to the Commission for
hearing the appeal.
10.I. Commission Deliberation and Action
MOTION: Approve the request for a variance.
Motion: Jessica Ring
Second: Candace Kelly
Mayor Ford acknowledged that the decision was difficult, as the Commission generally avoids
overriding the CDB. However, based on his familiarity with the property, he expressed support
for Reason 4 as the basis for approval.
Commissioner Ring expressed support for approval, citing Reasons 3 and 4.
Commissioner Kelly noted since she could not identify a suitable alternative location for the
generator, she supported the approval.
CC Bartle requested procedural clarification. CA Gabriel explained that it was not necessary to
amend the motion to include the stated reasons for approval.
Curtis Ford For
Bruce Bole For
Candace Kelly (Seconded By) For
Jessica Ring (Moved By) For
Motion passed 4 to 0.
11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS
None.
12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER
Commissioner Bole
Noted that the Jaguars drafted a Navy safety.
Commissioner Ring
Suggested that raising the height limit to 4.5 feet for flood zones is a consideration worth
exploring.
Mayor Ford
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Regular City Commission
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Agreed that a discussion on flood zone height limits is necessary, but emphasized that
there are many factors to consider in the decision.
13. ADJOURNMENT
The meeting adjourned at 9:06 PM.
Attest:
Donna L. Bartle, City Clerk Curtis Ford, Mayor
Date Approved:_________________
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Attachment A to
4-28-25 Minutes
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Agenda Item #1.A.
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Page 12 of 27
Agenda Item #1.A.
27 May 2025
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Attachment B to
4-28-25 Minutes
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Agenda Item #1.A.
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Attachment B to
4-28-25 Minutes
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Agenda Item #1.A.
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In Atlantic Beach, we have a strong sense of belonging and safety. Our citizens and
government care deeply about community character, and understand that unified
support is required to preserve it. We are graced with the functional beauty of our
beach, our marsh, and our tree canopy. Our shady streets and multi-use paths
connect our welcoming neighborhoods and vibrant local businesses. Our city
supports our diverse, multigenerational, socially linked community with green
spaces, active lifestyles, parks, and programming.
City of Atlantic Beach Vision Statement
Everything in grey is captured in the Strategic Plan Themes presented to Commission in February 2024. (City
Manager’s ppt) Items in yellow are NOT directly represented in Strategic Plan Themes.
With AB’s natural beauty as a major component of its community character, health, prosperity, and well being
as well as the fact that “protection and preservation of beaches, marshes, maritime tree canopy, and property
through environmental stewardship” in City Charter and 2045 Comprehensive Plan, protection and
preservation of natural assets as a steadfast need and long term outcome should be added as a specific
Strategic Plan Theme. This addition will help in stated desire for priorities alignment.
Attachment C to
4-28-25 Minutes
Page 15 of 27Agenda Item #1.A.27 May 2025Page 19 of 154
2
Create a strong sense of
belonging and safety
Preserve community
character
Protect and preserve our
beaches, marshes, maritime
tree canopy, and property
through environmental
stewardship
Connect our
neighborhoods and
businesses
Promote a socially linked
community through green
spaces, active lifestyles,
parks, and programming
Maintain a strong financial condition
suitable for implementing the City’s vision
Maintain organizational excellence
suitable for implementing the City
vision including a strong financial
condition, outstanding internal and
external communications, and first-
rate customer service.
COAB Strategic Plan Themes Community character needs a clear
definition to know what we are preserving
New
theme
In addition to strong financial condition, added
communications and customer service often mentioned
as desired outcomes by several Commissioners
Attachment C to
4-28-25 Minutes
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City Clerk’s
Board &
Committee
Table
Attachment C to
4-28-25 Minutes
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Agenda Item #1.A.
27 May 2025
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Attachment D to 4-28-25 MinutesPage 19 of 27
Agenda Item #1.A.27 May 2025
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Agenda Item #1.A.
27 May 2025
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Request to appeal the order of
denial of ZVAR25-0005 for a
variance to 24-151(k)(1)to
exceed the minimum 5-foot
side yard setback for a
generator at 1889 Beach
Avenue.
APP25-0002 (ZVAR25-
0005
1889 Beach Avenue
Attachment E to
4-28-25 Minutes
Page 21 of 27Agenda Item #1.A.27 May 2025Page 25 of 154
Background
Community Development Board (CDB) denied the
applicant’s request for variance to 24-151(k)(1) to
exceed the minimum 5-foot side yard setback for a
generator
Public hearing was held by the CDB on Feb. 18 2025
The CDB made a motion to deny the variance,the
motion to deny passed with a vote of 4-3.The CDB
found that the request did not meet any grounds from
Section 24-65(c)of the Land Development Regulations
establishing grounds for approval of a variance.
Attachment E to
4-28-25 Minutes
Page 22 of 27Agenda Item #1.A.27 May 2025Page 26 of 154
Site Context and Details
Zoned Residential, General, Two-Family (RG)
Located on the east side of Beach Ave
Is an oceanfront property, with a front yard that faces the
ocean
Attachment E to
4-28-25 Minutes
Page 23 of 27Agenda Item #1.A.27 May 2025Page 27 of 154
Attachment E to
4-28-25 Minutes
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Grounds for Decision
APPOVAL-existence of one or
more of the following Section 24-65 (c)DENIAL-
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 improvement 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 of the property.
Review and vote on APP25-001 (an approval would approve ZVAR25-
0005 and a denial would not approve ZVAR25-0005)
The Commission may consider
a denial upon finding that
none of the requirements in
24-65 (c) exist.
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Regular City Commission
May 12, 2025
MINUTES
Regular City Commission Meeting
Monday, May 12, 2025 - 6:00 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 6:17 PM. CC Bartle
called the roll.
ATTENDANCE:
Present: Curtis Ford, Mayor - Seat 1 (At Large)
Bruce Bole, Commissioner - Seat 2 (District 1308)
Candace Kelly, Commissioner - Seat 4 (District 1306)
Jessica Ring, Commissioner - Seat 5 (District 1312)
Thomas Grant, Commissioner - Seat 3 (District 1307)
Also Present: William B. Killingsworth, City Manager (CM)
Jason Gabriel, City Attorney (CA)
Donna Bartle, City Clerk (CC)
Kevin Hogencamp, Deputy City Manager (DCM)
Michelle Weippert, Records Management Specialist (RMS)
1 APPROVAL OF MINUTES
1A. Approve minutes of the Town Hall Meeting held on April 5, 2025.
The Commission approved the minutes as submitted.
2 COURTESY OF FLOOR TO VISITORS
2A. PUBLIC COMMENT
The following speakers provided their comments:
Christine Michel
Carolyn Zisser referenced a letter sent to the Commission (which is attached hereto and
made part of this official record as Attachment A).
Sarah Boren
5-12-25 Attachment A
2B. Public Works Week 2025 Proclamation
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Regular City Commission
May 12, 2025
Mayor Ford acknowledged the importance of Public Works Week and read the
proclamation.
3 CITY MANAGER REPORTS
3A. Accept the 90-Day Calendar (May - July 2025)
There was a CONSENSUS to accept the 90-Day Calendar with the addition of June 16,
2025 Workshop to present the Draft Vulnerability Assessment Adaptation Plan.
4 REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
Commissioner Bole
Announced Dancin' in the Streets, May 17, 2025.
Spoke about a more competitive salary for civil servants.
There was a CONSENSUS to have the CM coordinate with Human Resources and return with
a preliminary report on competitive salaries within two weeks, followed by a final report in four
weeks.
Commissioner Grant
Commended the new Thor Guard for lightening detection.
Commissioner Kelly
Reminded everyone about resiliency.
Commissioner Ring
Spoke about the Beaches Watch meeting.
Showed support for Triple Threat Athletes and their proposed ordinance to allow gym
and health clubs to operate in the Light Industrial and Warehouse (LIW) zoning.
Commended the AB Police Department for their prompt and effective response in
assisting with the recent coyote sighting and reminded everyone the rabies alert is still
in effect for 60 days.
Mayor Ford
Praised AB for the rapid implementation of the coyote management plan already in
place.
Spoke about researching other cities and having a use-by-exception in the LIW.
Announced the meeting of the Board Member Review Committee (BMRC) on May 15,
2025.
There was a CONSENSUS to have the CM collaborate with the Community Development
Board (CDB) to obtain their recommendation regarding exceptional use within the LIW district.
5 UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
5A. Environmental Stewardship Committee (ESC) Ordinance & Proposed
Amendments
CM Killingsworth presented a handout to the Commission (which is attached hereto and
made part of this Official Record as Attachment B) and answered questions from the
Commission.
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Agenda Item #1.B.
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Regular City Commission
May 12, 2025
There was a CONSENSUS to change to the policy back to three, three-year terms with
a one-year break.
5-12-25 Attachment B
5B. Fire Services
Mayor Ford reported that he is reaching out to Mayor Donna Deegan to gather her
feedback, input, and possibly support on one or more things with the Interlocal
Agreement (ILA). As part of this initiative, he aims to incorporate the fire services into
the main ILA.
Commissioner Ring inquired about the timeline and specific components of the ILA.
CM Killingworth responded by outlining the process and explaining how it progresses.
6 CONSENT AGENDA
6A. Award continuing engineering services contracts to the recommended firms listed
in the staff report.
This item was pulled for discussion.
CM Killingsworth answered questions from the Commission.
MOTION: Approve Item 6A outside of the consent agenda.
Motion: Bruce Bole
Second: Candace Kelly
Curtis Ford For
Bruce Bole (Moved By) For
Candace Kelly (Seconded By) For
Jessica Ring For
Thomas Grant For
Motion passed 5 to 0.
6B. Award continuing surveying services contracts to the four top ranked firms listed
in the staff report.
Mayor Ford asked if anyone wanted to pull this item from the consent agenda. Hearing
none, he asked all in favor to signify by saying "aye." All opposed, say "nay."
Curtis Ford For
Bruce Bole For
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Agenda Item #1.B.
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Regular City Commission
May 12, 2025
Candace Kelly For
Jessica Ring For
Thomas Grant For
Passed 5 to 0.
7 COMMITTEE REPORTS
None.
8 ACTION ON RESOLUTIONSNONE.
None.
9 ACTION ON ORDINANCES
9A. ORDINANCE NO. 25-25-46, Public Hearing and Final Reading
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF ATLANTIC
BEACH AMENDING THE CODE OF ORDINANCES, CHAPTER 8 FLOOD
HAZARD AREAS, TO SPECIFY ELEVATION OF MANUFACTURED HOMES
AND TO CLARIFY PREVIOUSLY ADOPTED BUILDING ELEVATIONS;
PROVIDING FOR APPLICABILITY AND SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
The public hearing was opened, there were no speakers, and the public hearing was
closed.
MOTION: Approve Ordinance (No.) 25-25-46.
Motion: Bruce Bole
Second: Candace Kelly
Curtis Ford For
Bruce Bole (Moved By) For
Candace Kelly (Seconded By) For
Jessica Ring For
Thomas Grant For
Motion passed 5 to 0.
10 MISCELLANEOUS BUSINESS
None.
11 CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS
CA Gabriel
Reminded the Commissioners about the ethics training on June 9, 2025, from 9:00 AM
to 1:00 PM at Lynwood Roberts Room, Jacksonville City Hall.
CC Bartle
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Regular City Commission
May 12, 2025
Announced she is looking forward to seeing everyone at Dancin' in the Streets on May
17, 2025.
12 CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER
Commissioner Kelly
Announced the Memorial Day Celebration, May 26, 2025, Beaches Veterans Memorial
Park at 9:00 AM.
13 ADJOURNMENT
The meeting adjourned at 7:38 PM.
Attest:
Donna L. Bartle, City Clerk Curtis Ford, Mayor
Date Approved: _________________
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Attachment A to
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Agenda Item #1.B.
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ORDINANCE NO. 95-25-124
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 23,
PROTECTION OF TREES AND THE NATURAL ENVIRONMENT,
DIVISION 3. – PERMITS, SEC. 23-23.- PERMITS PROCEDURES, AND
SEC. 23-25.- APPEALS; AMENDING DIVISION 6.-VIOLATIONS,
ENFORCEMENT AND PENALTIES BY MOVING SEC. 23-52.-,
ENVIRONMENTAL STEWARDSHIP COMMITTEE-INTENT, INTO A
NEW DIVISION 7, ENTITLED ENVIRONMENTAL STEWARDSHIP
COMMITTEE, AND RENUMBERING WITH NEW SECTIONS, 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.
WHEREAS, Sec. 23-52 of the Code of Ordinances for the City of Atlantic Beach
provides details for the Environmental Stewardship Committee (ESC) and the city recognizes
this topic should be its own division (now Division 7) and renumber the subsections within
Chapter 23 to help better organize the codes; and
WHEREAS, the City desires to standardize city boards and committees, to the greatest
extent possible; and
WHEREAS, by standardizing the ESC it is necessary to remove the sections related to
subcommittees (amendments to Sec. 23-23 and 23-25); and
WHEREAS, the City desires to standardize city boards and committees, to the greatest
extent possible; and
WHEREAS, establishing consistent, uniform boards improves efficiency and
productivity.
NOW, THEREFORE, BE ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Purpose and Intent. The purpose and intent of this Ordinance are to standardize
city boards and committees to improve efficiency and productivity.
SECTION 2. Purpose and Intent. Amend Sec., 23-23 Permit procedure, Sec. 23-25 Appeals and
Variances and Sec. 23-52, Environmental Stewardship Committee – Intent, of the Code of
Ordinances is hereby amended as follows:
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Sec. 23-23. Permits procedures.
(a) Application required. The applicant for a tree or vegetation removal permit shall submit the
established fee along with the application form as created and provided by the city to the
designated administrative department. The application shall contain all required narrative
and graphical information necessary to determine compliance with this chapter. If the
applicant is not the property owner, proper owner's authorization shall also be required.
(1) Existing lots or parcels. When a tree or vegetation removal permit is required,
applications for tree or vegetation removal shall be made prior to removal and prior to
any site disturbance or grading on a lot or parcel.
(2) New or re-platted subdivisions. Applications for tree or vegetation removal that will be
part of a new subdivision plat or a re-plat shall be submitted along with the preliminary
subdivision plat application so that due consideration may be given to the protection of
regulated trees and regulated vegetation during the site planning and subdivision
process. Trees to be protected shall be noted on the final subdivision plat, and
subsequent applications for individual lots or parcels shall be consistent with the
approved final subdivision plat, or application for a new tree removal permit shall be
required.
(3) After-the-fact permits. Any person(s) engaging in the removal of regulated tree(s) or
regulated vegetation prior to obtaining a permit will be required to apply for and obtain
an after-the-fact permit, and meet mitigation requirements as assessed.
(b) Sufficiency review of applications.
(1) Upon receipt of the application and appropriate fee, the administrator shall conduct a
preliminary review within five (5) business days to determine that all required
information has been submitted and is sufficient for review purposes. The applicant
shall be notified of any deficient items. Upon submittal of deficient or missing
information, the administrator shall again review the application. If the requested
information has not been provided or is insufficient, the applicant shall be notified in
writing that no further review will be performed until the requested information is
provided and found to be sufficient.
(2) The administrator shall upload all tree permit applications to the city's website and
send to Environmental Stewardship Committee (ESC) within three (3) days of being
deemed sufficient in accordance with this section.
(3) The ESC tree subcommittee may review any permit application for compliance with
this chapter and may provide recommendations to the administrator regarding the
permit application.
(3) The ESC tree subcommittee may review any permit application for compliance with
this chapter and may provide recommendations to the administrator regarding the
permit application.
(4) One (1) member of the ESC tree subcommittee may accompany the administrator on
the initial site inspection as an observer. The subcommittee member must make the
request to attend the initial site inspection as an observer within three (3) business days
of the permit being uploaded to the city's website. The subcommittee member shall not
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interact with the property owner or the property owner's agents during the site
inspection and shall stay in the vicinity of the administrator during the inspection. The
subcommittee member shall be provided twenty-four (24) hours' notice prior to the
time of the site inspection. If multiple requests are made by subcommittee members to
accompany the administrator on the initial site inspection, the administrator shall select
the first subcommittee member who submits a request in writing.
(5 3) The administrator may refer the application to other city department(s), the ESC tree
subcommittee, or a consultant during preliminary review. The applicant shall be
notified if extended review by other departments and/or professionals is required.
(46) An application shall be deemed abandoned thirty (30) days after the date the
administrator notifies the applicant of any deficiencies contained in the application if
the applicant has failed to submit all of the deficient or missing information. The
administrator may, upon written request and justification by the applicant, grant not
more than one (1), thirty-day extension. At the expiration of the extension, the
application shall automatically become null and void. In such cases, the application
review fees will not be refunded.
(c) Review by other agencies. At the discretion of the administrator, relative to the
environmental sensitivity of the site, appropriate written sign-offs, permits or consents from
the agencies listed below which have jurisdiction may be required prior to regulated tree or
regulated vegetation removal from sites contiguous to or containing environmentally
sensitive areas or lands. The applicant shall obtain the written approvals, permits, or
consents and submit the agencies' written verification to the city:
(1) Army Corp of Engineers (ACOE);
(2) Saint Johns River Water Management District (SJRWMD);
(3) Florida Department of Environmental Protection (FDEP);
(4) Any other applicable governmental agencies extending jurisdictional controls over the
site.
(d) Compliance review and approval of applications. When the administrator's application
review process and inspections have been completed, the administrator shall distribute a
notice of intent to issue a the approved tree permit to the applicant and all members of the
ESC tree subcommittee, including the alternate member and upload the draft permit to the
city's website. The permit shall be effective five (5) business days after the notice of intent
is distributed, unless a timely appeal is filed.
(e) Expiration of permits. Work pursuant to the permit shall commence within six (6) months
of the date of issuance, or the permit shall expire. If the tree removal permit is in connection
with a development permit, compliance with the tree removal permit shall be determined
before the applicable development permit's final inspection, or issuance of certificate of
completion or certificate of occupancy, as applicable.
(f) Content of permits. The permit shall be issued in such form as may be prescribed by the
administrator and shall set forth in detail the conditions upon which the permit is granted
and specifically identify which land areas shall be cleared and/or which trees shall be
permitted to be removed. One (1) permit may cover several trees or groups of trees as long
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as the trees or groups of trees can be clearly identified thereon; provided, however, no
permit may be issued for more than one (1) lot, parcel or area of land unless such lots,
parcels or areas of land shall be contiguous to one another and considered as one (1) parcel
for the purpose of development.
(g) Posting of permits. The permit shall be posted in a conspicuous and visible place at the front
of the property by the applicant prior to any tree removal. The permit shall remain posted on
the property during all applicable tree and vegetation removal activity and until final
inspection by the city. It is the responsibility of the applicant to maintain the permit in a
clearly visible manner at all times.
(h) Amendment of permits. Requests for minor changes to approved plans shall be made as an
amendment to the applicable permit. Additional information submitted with a request for
permit amendment shall be adequate to fully document the nature of the proposed change
and the effect it will have on all aspects regulated by this chapter. All plans, reports,
calculations, and other information affected by the proposed amendment shall be updated so
as to maintain an accurate record of the development activity. Review time for any changes
to plans approved for a permitted site shall be the same as specified for the review of a new
application. An amendment to a permit shall not automatically extend the expiration date.
Substantial changes, including significant increases in the number of trees to be removed or
land to be cleared, increases in impervious surface area, changes to intended land use,
modification of stormwater management systems, or any other change that constitutes a major
modification to a site plan or subdivision, new phases of development or other additions, shall
not be treated as amendments, but shall require a new permit application and fee.
(i) Revocation of permits.
(1) By administrator. The administrator may revoke any permit issued pursuant to this
chapter, following notice in writing to the permittee and after providing the permittee
opportunity to respond to the notice, in either of the following circumstances:
a. The administrator finds that the permittee has continued with any development
activity on a site for which a permit was issued, while the site is under a stop work
order which has not been reversed, canceled or suspended pursuant to this chapter,
except for specified remedial work required to bring the violation into compliance
with the approved permit; or
b. If the administrator finds that the approval of the permit was based on incorrect
information furnished by the applicant for the permit. Based upon such finding,
however, the administrator may make reasonably necessary accommodations to
the conditions of a permit in lieu of revoking it.
(2) Discontinuance of work. Revocation of a permit may also result in a stop work order in
accordance with section 23-48.
Sec. 23-25. Appeals and variances.
(a) Appeals. Appeals of final decisions by the administrator made under the authority of this
chapter may be made by the applicant, any member of the ESC tree subcommittee tree
subcommittee, or an adversely affected party in accordance with the following provisions.
Any appeal filed pursuant to this section shall stay all work on the premises and all
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proceedings in furtherance of the action appealed, unless the appropriate administrative
official certifies that a stay would cause imminent peril to life or property.
(1) Appeals of a final action or decision by the administrator shall be filed in writing with
the administrator within five (5) business days after rendition of the decision or final
order being appealed. Upon receipt of a timely filed appeal, the administrator shall
place the matter on the agenda of the next ESC tree subcommittee tree subcommittee
meeting or request a special meeting within a reasonable period of time with proper
public notice, as well as due notice to interested parties. The ESC tree subcommittee
tree subcommittee shall review the application for compliance with the requirements of
Cchapter 23 and shall, by majority vote, recommend that the administrator either
approve, approve with conditions, or deny the appeal. If the appellant is a member of
the ESC tree subcommittee tree subcommittee, that member shall not participate in the
decision. The administrator, upon considering the tree subcommittee recommendation,
shall issue or deny the permit within five (5) business days after the ESC tree
subcommittee tree subcommittee meeting.
(b) Variances. The community development board is authorized to grant relief from the strict
application of this chapter where, due to an exceptional situation, adherence to the
regulations of this chapter results in "exceptional practical difficulties or undue hardship"
upon a property owner. The community development board must determine that granting
the request will not cause substantial detriment to the public good and will not be
inconsistent with the general intent and purpose of this chapter. The applicant has the
burden of proof. Any request for a variance pursuant to this section shall stay all work on
the premises and all proceedings in furtherance of the action appealed, unless the
appropriate administrative official certifies that a stay would cause imminent peril to life or
property.
(1) A request for a variance shall be submitted on an application form as provided by the
city and shall contain each of the following:
a. A legal description of the property for which the variance is requested.
b. A reasonable statement describing the reasons and justification for the variance.
c. A survey or site plan indicating existing, removed, and/or proposed trees; existing
and proposed construction, as well as other significant features existing on the lot.
d. 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 behalf of
the property owner shall be provided with the application.
(2) Upon receipt of a complete and proper application, the administrator shall within a
reasonable period of time schedule the application for a public hearing before the
community development board following the required public notice as set forth in
section 24-51. At the public hearing, the applicant may appear in person and/or may be
represented by an authorized agent.
a. Applications for a variance shall be considered on a case-by-case basis and shall
be approved only upon findings of fact that the application is consistent with the
definition of a variance and consistent with the provisions of this section.
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b. Variances shall not be granted solely for the personal comfort or convenience, for
relief from financial circumstances, or for relief from situations created by the
property owner.
(3) Grounds for approval of a variance. The community development board shall find that
one (1) or more of the following factors exist to support an application for a variance:
a. Existing topographic elevation changes that would result in the likelihood that
preserved or planted materials would not survive.
b. Existing electrical lines or utility easements that prevent or restrict the
preservation or planting of landscape materials.
c. Barrier island or dune ecosystem planting conditions that cannot support certain
hardwood species.
d. Designs and plans that, to the greatest extent feasible, avoid encroachment upon
preservation areas and/or trees.
In the event the community development board finds that none of the above exist, then
the community development board shall deny the variance.
(4) Approval of a 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.
(5) 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.
(6) Nearby nonconformity. Nonconforming characteristics of nearby lands, structures or
buildings shall not be grounds for approval of a variance.
(7) Waiting period for 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.
DIVISION 7. – ENVIRONMENTAL STEWARDSHIP COMMITTEE
Sec. 23-525-. Environmental stewardship committee—Intent Purpose.
The maritime forest in Atlantic Beach is core to the city's identity as a small coastal village.
The tree canopy creates beauty, provides a home for wildlife, functions as an element of the
water management system and enhances property values. It is in the best interest for this
committee to be the stewards of the tree canopy through advocacy, assessment, maintenance,
planting and preservation of this natural resource. The city parks provide open spaces for
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recreation, exercise, wildlife habitat, relaxation and encounters with the natural world. This
committee intends to support the community to provide a variety of park spaces that are well
maintained, accessible and secure. This committee shall take the lead and set high community
standards in the beautification and maintenance of public spaces located within the city. The
Atlantic Ocean, the St. Johns River and the Intracoastal Waterway have a great deal of influence
on the micro climate, drainage issues and the diverse vegetation and wildlife that thrive within
the city. The care and health of the coast and marsh must be paramount in every recommendation
made by this committee about the use of our land, water system and tree canopy.
(a) Environmental stewardship committee purposes. It shall be the purpose of the
Environmental Stewardship Committee:
(1) To study and make recommendations to the city commission and city staff with
respect to the city's:
a. Maritime forest;
b. Passive PParks, preserves and open spaces;
c. Beautification of public and private spaces; and
d. Environmental stewardship.
(2) To act as a motivating and coordinating body to encourage joint public and
private participation in promoting these purposes.
(b) Sec. 23-56. Duties and responsibilities. Environmental stewardship committee—
Scope of activities. The Environmental Stewardship Committee shall provide guidance
and support to the cCity cCommission and cCity mManager. The City Commission will
have an annual joint Commission and ESC workshop to discuss the committee’s
priorities and annual workplan. and, uUpon request by the cCity cCommission or city
manager, shall provide written recommendations, in the following areas listed below.
The City Commission will prioritize the committee’s work plan related to these
recommendations:
(1) Maritime forest:
a. Clarifying and strengthening the city's processes and all tree and landscape
related city codes and ordinances;
b. Monitoring the appropriate administration and enforcement of the city's
ordinances;
c. Promoting transparency through online access to relevant information;
d. Developing and maintaining environmental education and outreach
programs about the maritime forest and relevant codes;
e. Promoting appropriate planting and care of trees on private property to
owners, developers, builders, and tree/landscape service contractors;
f. Developing and maintaining a long-term tree plan that includes an
assessment of the tree canopy, projecting future needs, and developing a
calendar and budget for tree planting in parks, public spaces and along
streets and rights-of-way;
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g. Promoting tree canopy advocacy including upholding the city's status as a
bona fide "Tree City USA;"
h. Developing a process for systematic, review of the city's enforcement of
the existing tree codes, including the long-term health of trees planted
for mitigation; and
i. Developing and maintaining a process for citizens to communicate possible
violations to the city.
(2) Passive PParks and open spaces:
a. Developing and maintaining a long-range plan to protect, improve and
beautify passive parks, preserves and open spaces;
b. Improving access to and amenities for parks including disability
accommodations, bike paths, parking, signage and other user friendly
features;
c. Expanding the city's inventory of parks and conservation land through
acquisition or other means; and
d. Maintaining a web-based, publicly accessible inventory of parks including
their history, archeological value, rules of use, deed restrictions and
conservation easements.
(3) Beautification of public and private spaces:
a. Enhancing public spaces, including public rights-of-way, roadsides, city
buildings, beach accesses and other publicly held properties with art,
carefully maintained landscape design and plantings;
b. Incentivizing and advocating for beautification of private and commercial
spaces;
c. Reducing the number and appearance of degraded or blighted public
properties; and
d. Developing a design theme/community branding for signage, bus shelters,
lighting and other elements of the built environment.
(4) Environmental stewardship:
a. Utilizing best practices, including a science based approach, when making
any decision about development and its impact on our environment;
b. Protecting the beach, dunes, marshlands and wetlands as critical defenses
in hurricane, erosion and flooding conditions;
c. Communicating the dynamics of tidal drainage and floodplain with the
goal of preserving the city's flood management system;
d. Reviewing the city's environmental codes and ensuring enforcement of
rules including, but not limited to, dumping, septic tanks and commercial
pollution; and
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e. Reviewing, updating and maintaining the Marsh Master Plan for
adherence to current research about sea level change and wetlands
preservation.
Sec. 23-57. – City staff administration supports.
(a) Staff will be assigned by the City Manager or designee to provide technical and
administrative support. Staff will assist the Committee by preparing agendas, proper notice
and minutes of meetings, and other administrative and technical services, as needed. The
minutes will be filed with the City Clerks office.
(b) Staff will be responsible for the collection and expenditure of any City funds in
accordance with purchasing guidelines.
Sec. 23 – 58. – Membership, terms, appointments, geographic requirements, composition.
(c) Membership, terms, appointments, geographic requirements, composition.
(a1) Membership. The environmental stewardship committee shall be composed of
eleven (11) consist of nine (9) members. One-half (½) of the filled seats of the
committee shall constitute a quorum.One half (1/2) of the filled seats of the
committee shall constitute a quorum. Five (5) members of the committee shall
constitute a quorum, although a smaller number may meet without taking official
action. Regardless of the number of committee members in attendance, an action
needs at least one half (1/2) of the filled seats of the committee five (5) votes in
the affirmative to pass or fail an item. No member of the committee shall hold any
other public office or elected position. in violation of Article II, Section 5(a),
Florida Constitution.
(b2) Terms. Following the expiration of the terms of office of the inaugural board
members, all All members shall serve three four-three-year terms. Members shall
not serve more than three (3) two (2) three (3) consecutive three year three-year
terms on the committee. and shall not be eligible for reappointment unless one
term has passed since the person was term-limited. All terms shall expire on
December 31 of the proper year, provided, however, that members whose terms
expire shall continue to serve until replacement appointments are effective. Any
committee member who wishes to resign should submit a letter of resignation to
the chairman and city clerk. Any vacancy during the unexpired term of an
appointed member shall be filled for the remainder of the term. Should the length
of the unexpired term be less than one (1) year, then such appointment shall not
count towards the maximum number of consecutive terms.
(c3) Appointments. Except for the inaugural committee members, cCommittee
members shall be selected recommended by the board member review committee
Attacment B to
5-12-25 Minutes
Page 17 of 22
Agenda Item #1.B.
27 May 2025
Page 49 of 154
and shall be approved by the commission. The commission shall select the
inaugural committee members as follows:
Member Representation Appointed By
At large Mayor (3 years)
At large Mayor (4 years)
At large Mayor (3 years)
District 1308 resident Seat 2 commissioner (3 years)
At large Seat 2 commissioner (4 years)
District 1307 resident Seat 3 commissioner (3 years)
At large Seat 3 commissioner (4 years)
District 1306 resident Seat 4 commissioner (3 years)
At large Seat 4 commissioner (4 years)
District 1312 resident Seat 5 commissioner (3 years)
At large Seat 5 commissioner (4 years)
(d) Grandfathering: Any member serving may continue under the rule, in which they were
appointed as of the adoption ing of this code and can finish out the term.
(d4) Geographical requirements. There shall be at least one (1) member representing
each city district on the Ccommittee. Each committee member must be a full time
resident of the city or own real property in the city. For the purpose of this section,
full time residency shall be defined as the person's principal place of abode. Any
member must immediately notify the city manager, city clerk, and chair in writing
upon no longer meeting these membership qualifications.
(e5) Composition. To the extent possible, committee members should demonstrate at
least one (1) of the following skills, experience, expertise, educational background
or interests:
a. Knowledge of best practices in environmental management and
sustainability;
b. Land development and building construction;
c. Urban planning and design;
d. Arboriculture and horticulture;
e. Landscape architecture;
f. Environmental policy;
Attacment B to
5-12-25 Minutes
Page 18 of 22
Agenda Item #1.B.
27 May 2025
Page 50 of 154
g. Environmental and constitutional law;
h. Community engagement; and
i. Educational programming.
(fd) Procedures and rules; Organization of Officers.
(1) (1) The Ccommittee shall meet on the second Wednesday of each month
schedule no more than two (2) monthly meetings in the City Commission
Chamber or other public venue.
(2) Special meetings may be called by the chair city manager or designee, provided
with at least a forty-eight (48) hours' notice. is provided and that a majority of the
members must agree to the date and time. At its first regularly scheduled meeting
each January, the committee shall elect from among its members a chair, vice
chair, and secretary who shall assume their positions immediately upon election.
(1)(3) All meetings of the Committee shall be properly noticed and open to the
public.
(2) The chair shall preside at all meetings of the committee. The vice chair shall
preside if the chair is absent.
(4) The Committee and each member shall comply with the Florida Government in the
Sunshine Law, Florida Code of Ethics for Public Officers and Employees, Florida
Public Records Law, and related provisions of the City’s Code of Ordinances and
applicable resolutions, as may be amended from time to time.
(3) The committee shall be staffed at each meeting by a city staff member appointed
by the city manager to act as the recording clerk. In addition, the city manager or
his/her designee shall attend all committee meetings.
(5) The Committee shall elect a chair and vice-chair at the regularly-scheduled
meeting in January each year.
(6) In all cases involving points of parliamentary law, "Robert's Rules of Order"
shall be the book of reference, and its rules, so far as they are applicable and not
in conflict with the provisions of the city's Charter, Code, or other city
ordinances, shall be the rules of this Committee.
(4) Roberts Rules of Order shall be followed at committee meetings. The committee
may adopt, amend, and rescind procedural rules of the committee to aid in
implementing the provisions of this section. All reports, studies, and
recommendations made by the committee shall be approved by the committee
before the same may be presented to the city commission or city manager on
behalf of the committee.
(75) The committee shall establish a tree not create subcommittees. in accordance
with subsection (f) below. The committee may establish such other
subcommittees from among its membership as it deems necessary to perform its
activities. Subcommittees shall report on their progress to the committee at such
times as the committee shall require. All committee and subcommittee meetings
Attacment B to
5-12-25 Minutes
Page 19 of 22
Agenda Item #1.B.
27 May 2025
Page 51 of 154
shall be open to the public and are subject to Florida's Government in the
Sunshine Laws.
(5) The committee shall establish a tree subcommittee in accordance with subsection
(f) below. The tree subcommittee shall develop and recommend policies,
programs, education, and incentives aimed at preserving, protecting, and
enhancing the community’s tree canopy.
(6) The committee's recording clerk shall keep minutes of the proceedings, showing
the vote of each member upon each question, or, if absent or failing to vote,
indicating such fact, and shall keep records of its examinations and other official
actions, all of which shall be immediately filed in the office of the city clerk and
shall become a public record.
(ge) Removal of members. Any member on the committee may be removed for cause by the
city commission upon written charges and after public hearing meeting. Any member
who fails to attend three (3) ESC meetings in three (3) consecutive meetings months
without prior notice to the director of planning and community development or his/her
designee and without reasonable cause shall have their his office seat declared vacant
by the committee. The vacancy shall be promptly reported to the city clerk and filled
by the city commission.
The committee may establish such other subcommittees from among its membership
as it deems necessary to perform its activities. Subcommittees shall report on their
progress to the committee at such times as the committee shall require. All committee
and subcommittee meetings shall be open to the public and are subject to Florida's
Government in the Sunshine Laws.
(f) Establishment of tree subcommittee, membership, terms.
(1) There is hereby established a tree subcommittee of the Environmental
Stewardship Committee, referred to in this subsection as the subcommittee.
The subcommittee shall systematically review tree permits submitted to the
city for completeness and to determine compliance with the provisions of
this chapter 23 as more particularly described in this subsection. The
subcommittee shall produce a bi semi-annual report on the tree canopy and
tree permits permitting process. The subcommittee shall consist of three (3)
members and one (1) alternate member. The alternate shall serve in the case
of the absence of any of the three (3) members. The members of the
Environmental Stewardship Committee may volunteer to serve on the
subcommittee and shall be appointed to the subcommittee by the
Environmental Stewardship Committee. All of the members of the
subcommittee shall be members of the Environmental Stewardship
Committee. The Environmental Stewardship Committee shall appoint or
remove the members of the subcommittee by a simple majority vote. Filling
vacancies shall take place at the next regular scheduled meeting of the
Environmental Stewardship Committee after a seat on the subcommittee has
Attacment B to
5-12-25 Minutes
Page 20 of 22
Agenda Item #1.B.
27 May 2025
Page 52 of 154
become vacated. Members of the subcommittee may serve for as long as they
serve on the Environmental Stewardship Committee.
(2) Organization of tree subcommittee.
a. The Environmental Stewardship Committee shall establish a regular meeting
schedule of the tree subcommittee. Unless otherwise determined, the
subcommittee's meetings shall meet on the same date as the environmental
stewardship committee.
b. The administrator or designee shall attend all meetings of the subcommittee.
A city staff member designated by the city manager shall act as clerk for the
subcommittee. The clerk shall be responsible for the clerical administration of
the subcommittee. The clerk shall also be responsible for the maintenance and
preservation of all records of the subcommittee in coordination with the city
clerk's office.
c. The subcommittee shall utilize the rules of the Environmental Stewardship
Committee. Robert's Rules of Order shall be followed to conduct meetings.
All meetings shall be open to the public. The subcommittee shall keep minutes
of the proceedings, recording the vote of each member upon each question or
if absent or failing to vote, indicating such facts. It shall keep records of its
examinations and other official actions, all of which shall be promptly filed
with the city clerk's office and shall become public record. The subcommittee
will operate in compliance with Florida's Government in the Sunshine Laws.
Sec 23-59. Liability to City.
The City Commission shall consider the recommendations proposed by the
Committee, but nothing in this section or otherwise shall be construed as authorizing or
empowering the Committee to impose any liability of any nature, financial or otherwise,
upon the City, without City approval.
SECTION 3. Conflict. All ordinances, resolutions, official determinations or parts thereof
previously adopted or entered by the City or any of its officials and in conflict with this Ordinance
are repealed to the extent inconsistent herewith.
SECTION 4. Severability. If a Court of competent jurisdiction at any time finds any provision
of this Ordinance to be unlawful, illegal, or unenforceable, the offending provision shall be
deemed severable and removed from the remaining provisions of this Ordinance which shall
remain in full force and intact.
Attacment B to
5-12-25 Minutes
Page 21 of 22
Agenda Item #1.B.
27 May 2025
Page 53 of 154
SECTION 5. Staff or the publisher of the City of Atlantic Beach’s Code of Ordinances, the
Municipal Code Corporation (www.municode.com) is hereby directed to incorporate the revised
and amended Code provisions provided herein into the City’s Code of Ordinances. Sections of
Chapter 23 may be renumbered or re-lettered and scrivener’s errors, formatting and typographical
errors and other minor, inadvertent graphical errors in Chapter 23 which do not affect the intent
may be authorized by the City Manager and City Attorney Without the need of public hearing, by
filing a corrected or re-codified copy of same with the City Clerk.
SECTION 5. Effective Date. This ordinance shall take effect upon final reading and approval.
PASSED by the City Commission on first reading this ____ day of ___________, 2025.
PASSED by the City Commission on second and final reading this ____ day of
___________, 2025.
CITY OF ATLANTIC BEACH
__________________________________
Curtis Ford, Mayor
Attest:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Jason Gabriel, City Attorney
Attacment B to
5-12-25 Minutes
Page 22 of 22
Agenda Item #1.B.
27 May 2025
Page 54 of 154
Agenda Item #3.A.
27 May 2025
Page 55 of 154
Agenda Item #3.A.27 May 2025
Page 56 of 154
Agenda Item #3.A.27 May 2025
Page 57 of 154
Agenda Item #3.A.27 May 2025
Page 58 of 154
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
REVIEWED BY C TY MANAGE
STAFF REPORT
AGENDA ITEM:Resolution No.25-40 authorizing the City Manager to execute the
Memorandum of Understanding with the Jacksonville Sheriffs Of?ce to designate J SO’s
facility as ABPD’s backup 911 Center.
SUBMITTED BY:Victor Gualillo,Chief of Police
TODAY’S DATE:May 12,2025
MEETING DATE:May 27,2025
BACKGROUND:The Jacksonville Sheriffs Of?ce (JSO)and the Atlantic Beach Police
Department (ABPD)both operate 911 emergency communications centers.During times
of natural disaster or other emergency situations,the systems of a 911 Call Center may be
temporarily disabled.To ensure continuity of emergency services,J SO has established a
fully equipped backup 911 Call Center located at 501 East Bay Street in Jacksonville.
J SO and ABPD wish to enter into a Memorandum of Understanding (MOU)that sets
forth the terms by which ABPD may utilize J SO’s backup 911 Center if ABPD’s primary
91 1 Center becomes inoperable.The MOU provides a clear operational framework for
coordination and use of shared resources in an emergency.
BUDGET:None.
RECOMMENDATION:Approve Resolution No.25-40 authorizing the City Manager
to execute the Memorandum of Understanding with the Jacksonville Sheriffs Of?ce to
designate J SO’s facility as ABPD’s backup 911 Center.
ATTACHMENTS:
0 Resolution No.25-40
a Memorandum of Understanding between the Jacksonville Sheriff s Of?ce and the
City of Atlantic Beach
Agenda Item #6.A.
27 May 2025
Page 59 of 154
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RESOLUTION NO.25-40
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING
THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF
UNDERSTANDING BETWEEN THE JACKSONVILLE SHERIFF’S
OFFICE AND THE CITY OF ATLANTIC BEACH FOR A BACKUP 911
CENTER;GIVING THE CITY MANAGER SIGNATORY AUTHORITY;
IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE
PROVISIONS OF THIS RESOLUTION;AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,the Jacksonville Sheriff’s Of?ce (J SO)and the Atlantic Beach Police
Department (ABPD)each operate 911 emergency communications centers (individually referred
to as a “911 Center”);and
WHEREAS,during times of natural disasters,technical failures,or other emergency
situations,the operational systems of a 911 Center may be temporarily disabled or rendered
inoperable;and
WHEREAS,the J SO has equipped and maintains a backup 911 Center located at 501
East Bay Street,Jacksonville,Florida 32202 (the “Backup 911 Center”)that is capable of being
immediately utilized to receive and process 911 emergency calls in the event its primary 911
Center becomes disabled;and
WHEREAS,the ABPD and J SO desire to enter into a Memorandum of Understanding
(MOU)to establish the terms and conditions under which ABPD may utilize J SO’s Backup 911
Center as its emergency backup communications facility in the event ABPD’s primary 911
Center is disabled.
NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic
Beach as follows:
Section 1.The City Commission hereby authorizes the City Manager to enter into the
Memorandum of Understanding with the Jacksonville Sheriff s Of?ce for the use of J SO’s
Backup 911 Center.
Section 2.The City Commission hereby grants the City Manager signatory authority to execute
the MOU and any related documents as necessary to effectuate the provisions of this resolution.
Section 3.This Resolution shall take effect immediately upon its passage and adoption.
Agenda Item #6.A.
27 May 2025
Page 60 of 154
Attest:
PASSED AND ADOPTED by the City of Atlantic Beach,this 27th day of May,2025
Resolution No.25-40 Page 2 of 2
Donna L.Battle,City Clerk
Curtis Ford,Mayor
Approved as to form and correctness:
Jason Gabriel,City Attorney
Agenda Item #6.A.
27 May 2025
Page 61 of 154
MEMORANDUM OF UNDERSTANDING FOR BACKUP CENTER/RELOCATION FOR
ATLANTIC BEACH POLICE DEPARTMENT 911 CENTER
This Memorandum of Understanding for Backup Center/Relocation for Atlantic Beach Police
Department 911 Center (this “MOU”)1s dated 2025 (the “Effective Date”),
and is between the JACKSONVILLE SHERIFF’S OFFICE,an of?ceorganized and existing under the
charter and ordinance code of the City of Jacksonville (“JSO”),and CITY OF ATLANTIC BEACH,a
municipal corporation in Duval County,Florida (“Atlantic Beach”),on behalf of the Atlantic Beach Police
Department (“ABP ”).
Whereas,J SO and ABPD have and operate 911 emergency communications centers (individually,
a “911 Center”).
Whereas,during times of natural disaster and other emergency situations,the systems of a 911
Center may be temporarily disabled.
Whereas,JSO has equipped and organized a backup 911 Center located at 501 East Bay Street,
Jacksonville,Florida 32202 (the “Backup 911 Center”)that can be utilized immediately to receive and
process 911 emergency calls in the event its primary 911 Center is disabled.
Whereas,J SO and ABPD want to enter into this MOU to set forth the terms by which ABPD may
utilize J SO’s backup 911 Center as ABPD’s backup 911 Center in the event ABPD’s primary 911 Center
is disabled.
Now,therefore,J SO and ABPD agree as follows:
1.Purpose.The purpose of this MOU is to establish a formal arrangement whereby JSO
makes its Backup 911 Center available to ABPD during those times that ABPD may experience failure to
its primary 911 Center,subject to the terms of this MOU.
2.Term;Termination.The term of this MOU (the “Term”)begins on the Effective Date
and continues for a period of one year,unless sooner terminated in accordance with the terms of this MOU.
The parties may extend the Term by mutual agreement in writing.Either party may terminate this MOU at
any time and for any reason by notifying the non-terminating party in writing,at which point this MOU will
terminate 30 days after the non-terminating party receives that notice.
3.Backup 911 Center.In the event that ABPD expen'ences failure to its primary 911 Center,
JSO shall allow ABPD to use J SO’s Backup 911 Center to receive and process 911 emergency calls.The
Backup 911 Center consists of the following equipment:
a.ID Cards.Identi?cation cards that will allow access to the appropriate locations in
the Backup 911 Center’s building and parking areas.
b Administrative Computers.Two administrative computers for connections to
ABPD 91 1 web sites utilized along with a connection for NCIC/FCIC account utilizing ABPD’s E-
Agent account.The J SO ENT sign on will be utilized to access these computers
0.CAD Computer.Two computers for computer aided dispatch (CAD).ABPD will
be responsible for CAD functions and if ABPD is not on the shared CAD system,ABPD will be
responsible for utilizing a manual system.
Agenda Item #6.A.
27 May 2025
Page 62 of 154
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d.Telephone Computer.Two telephone computers will be provided for ABPD to
connect to the Duval County 911 system.These computers will also have connections for the
administrative lines.Calls will be speci?cally for the Atlantic Beach jurisdiction.
e.Radio Computers.One radio computer will be provided with ABPD radio pro?le.
f.Miscellaneous Space.A sleeping area for ABPD employees not working during
the time of the emergency situation will be provided as needed.The space should accommodate up
to two employees.Space will also be provided for any NCIC ?les that are necessary for ABPD.
ABPD will provide its own NCIC ?le storage containers and folders.
g.Shared Equipment and Space.In the event that ABPD,Neptune Beach Police
Department,and Jacksonville Beach Police Department are required to relocate to J SO’s Backup
911 Center,ABPD understands and agrees that the services,equipment,and space stated in this
MOU will be shared between the three agencies.
h.Cyber-Attack.In the event of a suspected cyber-attack at ABPD’s 911 Center
requiring relocation to the Backup 911 Center,and upon approval from the Assistant Chief of J SO’s
Information Systems Management Section (ISM)or a higher authority,JSO’S ISM will disable
ABPD’s enterprise accounts and ABPD will request the enterprise accounts be re—enabledfor
ABPD’s communications personnel.
4.Liability.The parties shall be liable for their own acts or omissions,subject to the
limitations set forth in section 768.28,Florida Statutes.Each party assumes responsibility for the acts,
omissions,or conduct of its employees.The foregoing shall not constitute a waiver of sovereign immunity
beyond the limits set forth in section 768.28,Florida Statutes,or of any defense available to either party.
Nothing in this MOU shall be construed as consent by either party to be sued by third parties in any matter,
whether arising out of this MOU or any other contract.
5.Insurance.Each party will provide and bear its own insurance costs.
6.Public Records.The parties agree to adhere to the Public Records provisions set forth in
Chapter 119,Florida Statutes.
7.Relationship of Parties.Nothing in this MOU delegates any constitutional or statutory
duty of one party to the other party.Except as set forth in this MOU,neither party shall have any
responsibility with respect to services provided or the contractual obligations of the other party.Nothing
in this MOU shall be deemed to constitute that the party is a partner,agent,or local representative of the
other party or to create any type of ?duciary responsibility or relationship of any kind whatsoever between
the parties.
8.No Third-Party Bene?ciaries.This MOU is for the exclusive bene?t of the parties and
not for the bene?t of any third person,nor shall this MOU be deemed to confer or have conferred any rights,
express or implied,upon any other third party or person.
9.Assignment;Successors.This MOU may not be transferred or assigned to another.This
MOU shall be binding upon and inure to the bene?t of the parties and their respective successors.
10.Severability.The invalidity or unenforceability of any clause or provision in this MOU
shall in no way affect the validity or enforceability of any other clause or provision.
Agenda Item #6.A.
27 May 2025
Page 63 of 154
11.Amendment;Waiver.No amendment or modi?cation of this MOU will be effective
unless it is in writing and signed by the parties.No waiver under this MOU will be effective unless it is in
writing and signed by the party granting the waiver.
12.Governing Law;Venue.This MOU is governed by the laws of the State of Florida and
the ordinances of the City of Jacksonville.Venue for any action arising under this MOU lies exclusively
in the appropriate court in Duval County,Florida.
13.Entire Agreement.This MOU constitutes the entire understanding between the parties
with respect to the subject matter of this MOU and supersedes all other agreements,whether written or
oral,between the parties.
14.Counterparts.This MOU may be executed electronically and in several counterparts
each of which will be deemed an original and all of which will constitute one instrument.
In witness whereof,the parties are signing this MOU the day and year ?rst written above.
Witness
By
T.K.Waters
Sheriff
JACKSONVILLE SHERIFF’S OFFICE
Pursuant to section 37.101(m),Jacksonville Ordinance Code
Approved as to form for J SO:
Of?ce of General Counsel,City of Jacksonville
Name:
Title:
CITY OF ATLANTIC BEACH,a
municipal corporation in Duval County,Florida
Name:
Title:
Name:
Title:
Witness
Agenda Item #6.A.
27 May 2025
Page 64 of 154
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:Resolution No.25-41 authorizing the City Manager to approve and execute
on behalf of the City of Atlantic Beach speci?ed utilities related documents
between the Florida Department of Transportation and the City of Atlantic
Beach
SUBMITTED BY:Steve Swann,City Engineer/
TODAY’S DATE:May 7,2025
MEETING DATE:May 27,2025
BACKGROUND:The Florida Department of Transportation (FDOT)is completing the design
process for the Mayport Road diet project that will reduce the roadway to four lanes from Dutton
Island Road to Atlantic Boulevard and construct a lO—foot—widemultiuse path.The City of Atlantic
Beach Public Utilities Department has water and sewer infrastructure in the FDOT right-of-way
in the project area and construction of this project will result in numerous minor utility con?icts.
Construction is scheduled for Fiscal Year 2025-26.
The Mayport Road right-of-way is owned by FDOT and the City is obligated,as the Utility/Agency
Owner (UAO),to move its utility infrastructure out of the way of the project or otherwise
accommodate its construction where there is a con?ict.For this project,almost all of the utility
con?icts relate to manhole covers and valve covers that need to be adjusted to match proposed
pavement heights.
With respect to coordination and cost,it is most ef?cient to request that the FDOT’s selected
highway contractor make the required adjustments during construction.The City could opt to hire
a contractor directly to make these changes.However,this option will likely be more expensive
due to the extensive coordination required with the FDOT’s contractor to make the required utility
adjustments at the right time in the project.
For the City to utilize the FDOT’s highway contractor to make the utility adjustments,FDOT will
execute a Utility Work by Highway Contractor Agreement with the City.As part of this process,
FDOT requested that the City execute the attached delegation and special power of attorney
document to expedite negotiation of the terms of the Utility Work by Highway Contractor
Agreement.It is in the best interest of the City to execute this document and provide the City
Manager with the authority to negotiate and execute the Utility Work by Highway Contractor
Agreement.
BUDGET:No immediate budget impact.However,Public Utilities will have to budget for the
utility accommodation work associated with this project next ?scal year.A proposed budget has
not yet been established by FDOT
Agenda Item #6.B.
27 May 2025
Page 65 of 154
wags
RECOMMENDATION:Authorize the City Manager to execute the attached F DOT delegation
and special power of attorney document.
ATTACHMENTS:Resolution 25—41
Draft FDOT Delegation and Special Power of Attorney
BY CITY MANAGER:
Agenda Item #6.B.
27 May 2025
Page 66 of 154
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RESOLUTION NO.25-41
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,
AUTHORIZING THE CITY MANAGER TO APPROVE AND EXECUTE
ON BEHALF OF THE CITY OF ATLANTIC BEACH SPECIFIED
UTILITIES RELATED DOCUMENTS BETWEEN THE FLORIDA
DEPARTMENT OF TRANSPORTATION AND THE CITY OF ATLANTIC
BEACH;AND PROVIDING AN EFFECTIVE DATE
WHEREAS,the Florida Department of Transportation is completing design of a project
that will reduce Mayport Road from six lanes to four lanes and add a multiuse path between
Atlantic Boulevard and Dutton Island Road;and
WHEREAS,the City of Atlantic Beach has water and sewer utility infrastructure in the
project area that con?icts with the proposed project;and
WHEREAS,the City of Atlantic Beach,as the Utility Agency/Owner,is responsible for
moving move its utility infrastructure out of the way of the project or otherwise accommodate its
construction where there is a con?ict and the con?ict occurs within the right-of-way owned by the
Florida Department of Transportation;and
WHEREAS,it is in the best interest of the City of Atlantic Beach to authorize the Florida
Department of Transportation’s highway contractor for the Mayport Road project to rectify any
utility con?icts;and
WHEREAS,the Florida Department of Transportation requires execution of a Utility
Work by Highway Contractor Agreement with the City to authorize its highway contractor to
correct the utility con?icts and effectuate this work;and
WHEREAS,the Florida Department of Transportation requested the City of Atlantic
Beach execute a delegation and special power of attorney to expedite negotiation of the terms of
the Utility Work by Highway Contractor Agreement.
NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach
as follows:
SECTION 1.The City Commission hereby authorizes the City Manager to execute a
delegation and special power of attorney to expedite negotiation of the terms of the Utility Work
by Highway Contractor Agreement;
SECTION 2.This Resolution shall take effect immediately upon its passage and
adoption.
Page 1 of 2
Agenda Item #6.B.
27 May 2025
Page 67 of 154
PASSED AND ADOPTED by the City of Atlantic Beach,this 27thday of May 2025.
Resolution No.25-41 Page 2 of 2
Curtis Ford,Mayor
Donna L.Battle,City Clerk
Approved as to form and correctness:
Jason Gabriel,City Attorney
Attest:
Agenda Item #6.B.
27 May 2025
Page 68 of 154
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-50
CORPORATE RESOLUTION,DELEGATION,“:33:
AND SPECIAL POWER OF ATTORNEY
NOW,THEREFORE,BE IT RESOLVED BY Cit of AtIantic Beach,HEREINAFTER REFERRED TO AS THE “UAO”,
THAT:
1.The positions,the title of which appears in the chart below,are hereby delegated the authority,and the persons,
the name of whom appears in the chart below,are hereby appointed as attorney-in-fact for the UAO,to approve and
execute on behalf of and in the name of the UAO,any speci?ed document type listed in the chart below next to that
position or person between the UAO and the STATE OF FLORIDA,DEPARTMENT OF TRANSPORTATION
(hereinafter referred to as the FDOT)and all other documents,agreements and instruments which are necessary in
connection with the document type specified.In the event that AHis checked or specified,there shall be no limitation
on the authority of that position or person to approve and execute documents between the UAO and the FDOT.
2.This delegation and appointment shall remain in full force and effect,and the FDOT shall be entitled to rely
upon this delegation and appointment,until written notice of the modi?cation,rescission,or revocation of this
delegation and appointment,in whole or in part,in the form of a corporate resolution,has been actually delivered to
the State Utility Engineer of the FDOT at its central Of?ce in Tallahassee,Florida,with copies to the District Utility
Engineer of each Districtof the FDOT.NO such modification,rescission,or revocation shall,in any event,be effective
with respect to any documents executed or actions taken pursuant to this delegation and appointment prior to the
actual delivery of written notice of such modification,rescission,or revocation to the FDOT as specified above.
3.This delegation and appointment shall not be exclusive and shall not be deemed to limit the authority of any
other position or person which may othen/vise have authority for the UAO.
Approved to Sign (Please check or
Name of Representative Title Of Representative
spec'fy type)
(If by NAME Please Type or Print approved names)(if by TITLEPlease Type or Print approved titles)
A||Specified Document
Type
.....UtilityWork by Hwy
WIllIamB.KIllIngsworth CIty Manager Contractor Agreement
DEIDDDEIEIEIEIEIEIDEIEIEI III
Page 1 of 2
Agenda Item #6.B.
27 May 2025
Page 69 of 154
STATE OF FLORIDA DEPARTMENTOF TRANSPORTATION 710-010-50
CORPORATE RESOLUTION,DELEGATION,“:25
:AND SPECIAL POWER OF ATTORNEY
Approved to Sign (Please check or
Name of Representative Title Of Representative specify type)
(If by NAME Please Type or Print approved names)(If by TITLE Please Type or Prim approved titleS)
All
SpeCIfled Document
Type
DDUDDDUUUDDDDDDDDDDDDDDD
DATE:
0N MOTION of seconded by ,the above resolution was introduced and passed by the UAO on the
day of ,year of
NAME:
Title:Curtis Ford,Mayor
ATTEST:
Title:Donna Bartle,City Clerk
Page 2 of 2
DATE:
Agenda Item #6.B.
27 May 2025
Page 70 of 154
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:Ordinance 95-25-124 amending Chapter 23 modifying the
provisions of the Environmental Stewardship Committee
SUBMITTED BY:William B.Killingsworth,City Manager
TODAY’S DATE:May 15,2025
MEETING DATE:May 27,2025
BACKGROUND:The City Commission approved Ordinance No.95-25-124 on ?rst
read on February 10.Subsequent meetings and discussions including the City Commission,the
Environmental Stewardship Committee (ESC),and staff have led to proposed revisions.The key
changes being proposed to the City Code are:
Number of Committee Members:Nine.
Annual Workshop and Priorities:An annual workshop between the Commission and the
ARCC is now mandated.The City Commission shall approve the committee’s work plan.
Quorum and Voting:A quorum requires a majority of ?lled seats,and decisions will be
made based on a majority of ?lled seats.
Member Attendance:The criteria for removal due to lack of attendance have been updated
to include missing three meetings within a three-month period.
Meeting Limit Without City Manager Approval for Additional Meetings:Two
meetings per month.
Tree Subcommittee Reporting.The Tree Subcommittee shall produce a semi-annual
report on the permitting process.
BUDGET:None
RECOMMENDATION:Review and consider approving Ordinance No.95-25-124 on
second reading.
ATTACHMENT(S):Ordinance No.95-25-124 (Approved on First Reading)
Ordinance No.95-25-124 (Proposed Changes)
REVIEWED BY CITY MANAGER:
Agenda Item #9.A.
27 May 2025
Page 71 of 154
ORDINANCE NO.95-25-124
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,COUNTY OF
DUVAL,STATE OF FLORIDA,AMENDING CHAPTER 23,
PROTECTION OF TREES AND THE NATURAL ENVIRONMENT,
DIVISION 3.—PERMITS,SEC.23—23.—PERMITS PROCEDURES,AND
SEC.23-25.—APPEALS;AMENDING DIVISION 6.-VIOLATIONS,
ENFORCEMENT AND PENALTIES BY MOVING SEC.23-52.-,
ENVIRONMENTAL STEWARDSHIP COMMITTEE-INTENT,INTO A
NEW DIVISION 7,ENTITLED ENVIRONMENTAL STEWARDSHIP
COMMITTEE,AND RENUMBERING WITH NEW SECTIONS,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.
WHEREAS,Sec.23-52 of the Code of Ordinances for the City of Atlantic Beach
provides details for the Environmental Stewardship Committee (ESC)and the city recognizes
this topic should be its own division (now Division 7)and renumber the subsections within
Chapter 23 to help better organize the codes;and
WHEREAS,the City desires to standardize city boards and committees,to the greatest
extent possible;and
WHEREAS,by standardizingthe ESC it is necessary to remove the sections related to
subcommittees (amendments to Sec.23-23 and 23—25);and
WHEREAS,the City desires to standardize city boards and committees,to the greatest
extent possible;and
WHEREAS,establishing consistent,uniform boards improves ef?ciency and
productivity.
NOW,THEREFORE,BE ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA:
SECTION 1.Pu ose and Intent.The purpose and intent of this Ordinance are to standardize
city boards and committees to improve ef?ciency and productivity.
SECTION 2.Pu ose and Intent.Amend 860.,23-23 Permit procedure,Sec.23-25 Appeals and
Variances and Sec.23-52,Environmental Stewardship Committee Intent,of the Code of
Ordinances is hereby amended as follows:
Ordinance No.95—
First Readingw;ri“?‘1‘Approved
Agenda Item #9.A.
27 May 2025
Page 72 of 154
p
Sec.23-23.Permits procedures.
(a)Application required.The applicant for a tree or vegetation removal permit Shall submit the
(b)
established fee along with the application form as created and provided by the city to the
designated administrative department.The application shall contain all required narrative
and graphical information necessary to determine compliance with this chapter.If the
applicant is not the property owner,proper owner's authorization shall also be required.
(1)Existing lots or parcels.When a tree or vegetation removal permit is required,
applications for tree or vegetation removal shall be made prior to removal and prior to
any site disturbance or grading on a lot or parcel.
(2)New or re-platted subdivisions.Applications for tree or vegetation removal that will be
part of a new subdivision plat or a re-plat shall be submitted along with the preliminary
subdivision plat application so that due consideration may be given to the protection of
regulated trees and regulated vegetation during the site planning and subdivision
process.Trees to be protected shall be noted on the ?nal subdivision plat,and
subsequent applications for individual lots or parcels shall be consistent with the
approved ?nal subdivision plat,or application for a new tree removal permit shall be
required.
(3)After-the-factpermits.Any person(s)engaging in the removal of regulated tree(s)or
regulated vegetation prior to obtaining a permit will be required to apply for and obtain
an a?er—the-factpermit,and meet mitigation requirements as assessed.
Su?iciency review ofapplications.
(1)Upon receipt of the application and appropriate fee,the administrator shall conduct a
preliminary review within ?ve (5)business days to determine that all required
information has been submitted and is suf?cient for review purposes.The applicant
shall be noti?ed of any de?cient items.Upon submittal of de?cient or missing
information,the administrator shall again review the application.If the requested
information has not been provided or is insuf?cient,the applicant shall be noti?ed in
writing that no further review will be performed until the requested information is
provided and found to be suf?cient.
(2)The administrator shall upload all tree permit applications to the city‘s website
within three (3)days of being
deemed suf?cient accordance with this section.
send to Environmental Stewardshi Committee ESC
Ordinance No.95-25-124
Approved on First Reading
Agenda Item #9.A.
27 May 2025
Page 73 of 154
neHeeef-m’ee?t—te—lssae—a—the approved
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(C)
(d)
(f)
(.)The administrator may refer the application to other city department(s),
or a consultant during preliminary review.The applicant shall be
noti?ed if extended review by other departments and/or professionals is required.
()An application shall be deemed abandoned thirty (30)days after the date the
administrator noti?es the applicant of any de?ciencies contained in the application if
the applicant has failed to submit all of the de?cient or missing information.The
administrator may,upon written request and justi?cation by the applicant,grant not
more than one (1),thirty-day extension.At the expiration of the extension,the
application shall automatically become null and void.In such cases,the application
review fees will not be refunded.
Review by other agencies.At the discretion of the administrator,relative to the
environmental sensitivity of the site,appropriate written sign-offs,permits or consents from
the agencies listed below which have jurisdiction may be required prior to regulated tree or
regulated vegetation removal from sites contiguous to or containing environmentally
sensitive areas or lands.The applicant shall obtain the written approvals,permits,or
consents and submit the agencies'written veri?cation to the city:
(1)Army Corp of Engineers (ACOE);
(2)Saint Johns River Water Management District (SJ RWMD);
(3)Florida Department of Environmental Protection (FDEP);
(4)Any other applicable governmental agencies extending jurisdictional controls over the
site.
Compliance review and approval ofapplications.When the administrator's application
review process and inspections have been completed,the administrator shall distribute
tree permit to the applicant and all members of the
ESC and upload the draft permit to the
city's website.
Expiration ofpermits.Work pursuant to the permit shall commence within six (6)months
of the date of issuance,or the permit shall expire.If the tree removal permit is in connection
with a development permit,compliance with the tree removal permit shall be determined
before the applicable development permit's ?nal inspection,or issuance of certi?cate of
completion or certi?cate of occupancy,as applicable.
Content ofpermits.The permit shall be issued in such form as may be prescribed by the
administrator and shall set forth in detail the conditions upon which the permit is granted
and speci?cally identify which land areas shall be cleared and/or which trees shall be
permitted to be removed.One (1)permit may cover several trees or groups of trees as long
as the trees or groups of trees can be clearly identi?ed thereon;provided,however,no
permit may be issued for more than one (1)lot,parcel or area of land unless such lots,
Ordinance No.95-25-124
Approved on First Reading
Agenda Item #9.A.
27 May 2025
Page 74 of 154
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parcels or areas of land shall be contiguous to one another and considered as one (1)parcel
for the purpose of development.
(g)Posting ofpermits.The permit shall be posted in a conspicuous and visible place at the front
of the property by the applicant prior to any tree removal.The permit shall remain posted on
the property during all applicable tree and vegetation removal activity and until ?nal
inspection by the city.It is the responsibility of the applicant to maintain the permit in a
clearly visible manner at all times.
(h)Amendment ofpermits.Requests for minor changes to approved plans shall be made as an
amendment to the applicable permit.Additional information submitted with a request for
permit amendment shall be adequate to fully document the nature of the proposed change
and the effect it will have on all aspects regulated by this chapter.All plans,reports,
calculations,and other information affected by the proposed amendment shall be updated so
as to maintain an accurate record of the development activity.Review time for any changes
to plans approved for a permitted site shall be the same as speci?ed for the review of a new
application.An amendment to a permit shall not automatically extend the expiration date.
Substantial changes,including signi?cant increases in the number of trees to be removed or
land to be cleared,increases in impervious surface area,changes to intended land use,
modi?cation of stonnwater management systems,or any other change that constitutes a major
modi?cation to a site plan or subdivision,new phases of development or other additions,shall
not be treated as amendments,but shall require a new permit application and fee.
(i)Revocation ofpermits.
(1)By administrator.The administrator may revoke any permit issued pursuant to this
chapter,following notice in writing to the permittee and after providing the permittee
opportunity to respond to the notice,in either of the following circumstances:
a.The administrator ?nds that the permittee has continued with any development
activity on a site for which a permit was issued,while the site is under a stop work
order which has not been reversed,canceled or suspended pursuant to this chapter,
except for speci?ed remedial work required to bring the Violation into compliance
with the approved permit;or
b.If the administrator ?nds that the approval of the permit was based on incorrect
information ?ll‘IliSth by the applicant for the permit.Based upon such ?nding,
however,the administrator may make reasonably necessary accommodations to
the conditions of a permit in lieu of revoking it.
(2)Discontinuance of work.Revocation of a permit may also result in a stop work order in
accordance with section 23-48.
See.23-25.Appeals and variances.
(a)Appeals.Appeals of ?nal decisions by the administrator made under the authority of this
chapter may be made by the applicant,any member of the ESC ,or an
adversely affected party in accordance with the following provisions.Any appeal ?led
pursuant to this section shall stay all work on the premises and all proceedings in
furtherance of the action appealed,unless the appropriate administrative of?cial certi?es
that a stay would cause imminent peril to life or property.
Ordinance No.95-25-124
Approved on First Reading
Agenda Item #9.A.
27 May 2025
Page 75 of 154
or re uest a
(1)Appeals of a ?nal action or decision by the administrator shall be ?led in writing with
the administrator within ?ve (5)business days after rendition of the decision or ?nal
order being appealed.Upon receipt of a timely ?led appeal,the administrator shall
place the matter on the agenda of the next ESC meeting
,within a reasonable period of time with proper public notice,as well as
due notice to interested parties.ESC shall review the
application for compliance with the requirements of .hapter 23 and shall,by majority
vote,recommend that the administrator either approve,approve with conditions,or
deny the appeal.If the appellant is a member of the ESC ,that
member shall not participate in the decision.The administrator shall issue or deny the
permit within ?ve (5)business days after the ESC meeting.
(b)Variances.The community development board is authorized to grant relief from the strict
application of this chapter where,due to an exceptional situation,adherence to the
regulations of this chapter results in "exceptional practical dif?culties or undue hardship"
upon a property owner.The community development board must determine that granting
the request will not cause substantial detriment to the public good and will not be
inconsistent with the general intent and purpose of this chapter.The applicant has the
burden of proof.Any request for a variance pursuant to this section shall stay all work on
the premises and all proceedings in furtherance of the action appealed,unless the
appropriate administrative of?cial certi?es that a stay would cause imminent peril to life or
property.
(1)
(2)
A request for a variance shall be submitted on an application form as provided by the
city and shall contain each of the following:
a.A legal description of the property for which the variance is requested.
b.A reasonable statement describing the reasons and justi?cation for the variance.
0.A survey or site plan indicating existing,removed,and/or proposed trees;existing
and proposed construction,as well as other signi?cant features existing on the lot.
(1.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 behalf of
the property owner shall be provided with the application.
Upon receipt of a complete and proper application,the administrator shall within a
reasonable period of time schedule the application for a public hearing before the
community development board following the required public notice as set forth in
section 24-51.At the public hearing,the applicant may appear in person and/or may be
represented by an authorized agent.
a.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.
b.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.
Ordinance No.95-25-124
Approved on First Reading
s ecial meetin
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Agenda Item #9.A.
27 May 2025
Page 76 of 154
DIVISION 7.—-ENVIRONMENTAL STEWARDSHIP COMMITTEE
2;WWWPHY ose
(3)
(4)
(5)
(6)
(7)
Sec.23—5
Grounds for approval of a variance.The community development board shall ?nd that
one (1)or more of the following factors exist to support an application for a variance:
a.Existing topographic elevation changes that would result in the likelihood that
preserved or planted materials would not survive.
b.Existing electrical lines or utility easements that prevent or restrict the
preservation or planting of landscape materials.
0.Barrier island or dune ecosystem planting conditions that cannot support certain
hardwood species.
(1.Designs and plans that,to the greatest extent feasible,avoid encroachment upon
preservation areas and/or trees.
In the event the community development board ?nds that none of the above exist,then
the community development board shall deny the variance.
Approval of a variance.To approve an application for a variance,the community
development board shall ?nd that the request is in accordance with the preceding terms
and nrovisions of this section and that the granting of the variance will be in harmonv
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.
Approval of lesser variances.The community development board shall have the
authority to approve a lesser variance than requested if a lesser variance shallbe more
appropriately in accord with the terms and provisions of this section and with the
purpose and intent of this chapter.
Nearby nonconformity.Nonconforming characteristics of nearby lands,structures or
buildings shall not be grounds for approval of a variance.
Waiting period for 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-?ve (3 65)days from the date of denial.
The maritime forest in Atlantic Beach is core to the city's identity as a small coastal village.
The tree canopy creates beauty,provides a home for Wildlife,functions as an element of the
water management system and enhances property values.It is in the best interest for this
committee to be the stewards of the tree canopy through advocacy,assessment,maintenance,
planting and preservation of this natural resource.The city parks provide open spaces for
recreation,exercise,wildlife habitat,relaxation and encounters with the natural world.This
committee intends to support the community to provide a variety of park spaces that are well
maintained,accessible and secure.This committee shall take the lead and set high community
standards in the beauti?cation and maintenance of public spaces located within the city.The
Ordinance No.95-25-124
Approved on First Reading
Agenda Item #9.A.
27 May 2025
Page 77 of 154
Passive P reserves
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listed below.The Cit Commission will rioritize the committee’s
work lan related to these recommendations
6b)Sec.23 56.Duties and res onsibilities.Ewenme?aktewm?dship—ee?m‘m—
Atlantic Ocean,the St.Johns River and the Intracoastal Waterway have a great deal of in?uence
on the micro climate,drainage issues and the diverse vegetation and wildlife that thrive within
the city.The care and health of the coast and marsh must be paramount in every recommendation
made by this committee about the use of our land,water system and tree canopy.
(a).It shall be the purpose of the
environmental stewardship committee:
(1)To study and make recommendations to the city commission and city staff with
respect to the city‘s:
a.Maritime forest;
b.arks and open spaces;
c.Beauti?cation of public and private spaces;and
d.Environmental stewardship.
(2)To act as a motivating and coordinating body to encourage joint public and
private participation in promoting these purposes.
Scope ofactivities.The environmental stewardship committee shall provide guidance
and support to the ity ommission and ity anager pon request by
the ity ornmission or ity anager,shall provide written recommendations,in
the following areas
(1)Maritime forest:
a.Clarifying and strengthening the city's processes and all tree and landscape
related city codes and ordinances;
b.Monitoring the appropriate administration and enforcement of the city's
ordinances;
Promoting transparency through online access to relevant information;
d.Developing and maintaining environmental education and outreach programs
about the maritime forest and relevant codes;
6.Promoting appropriate planting and care of trees on private property to
owners,developers;builders,and tree/landscape service contractors;
f.Developing and maintaining a long-term tree plan that includes an
assessment of the tree canopy,projecting future needs,and developing a
calendar and budget for tree planting in parks,public spaces and along streets
and rights-of-way;
g.Promoting tree canopy advocacy including upholding the city's status as a
bona ?de "Tree City USA;"
h.Developing a process for systematic,review of the city‘s enforcement of the
existing tree codes,including the long-term health of trees planted for
mitigation;and
Ordinance No.95-25-124
Approved on First Reading
Agenda Item #9.A.
27 May 2025
Page 78 of 154
()
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assive 5 reserves and 0 en
Passive P
Sec.23-57.—Ci staff administration su orts.
a Staff will be assi ned b the Cit Mana er or desi nee t0 rovide technical and
administrative su ort.Staff will assist the Committeeb re arin a endas r0 er notice
(2)
(3)
(4)
Developing and maintaining a process for citizens to communicate possible
violations to the city.
'arks and open spaces:
Developing and maintaining a long-range plan to protect,improve and
beautify park spaces;
Improving access to and amenities for parks including disability
accommodations,bike paths,parking,signage and other user friendly
features;
Expanding the city's inventory of parks and conservation land through
acquisition or other means;and
Maintaining a web-based,publicly accessible inventory of parks including
their history,archeological value,rules of use,deed restrictions and
conservation easements.
Beauti?cation of public and private spaces:
a.Enhancing public spaces,including public rights-of-way,roadsides,city
buildings,beach accesses and other publicly held properties with art,
carefully maintained landscape design and plantings;
Incentivizing and advocating for beauti?cation of private and commercial
spaces;
Reducing the number and appearance of degraded or blighted
properties;and
Developing a design theme/community branding for signage,bus shelters,
lighting and other elements of the built environment.
Environmental stewardship:
a.Utilizing best practices,including a science based approach,when making
any decision about development and its impact on our environment;
Protecting the beach,dunes,marshlands and wetlands as critical defenses in
hurricane,erosion and ?ooding conditions;
Communicating the dynamics of tidal drainage and ?oodplain with the goal
of preserving the city's ?ood management system;
Reviewing the city's environmental codes and ensuring enforcement of rules
including,but not limited to,dumping,septic tanks and commercial
pollution;and
Reviewing,updating and maintaining the Marsh Master Plan for adherence
to current research about sea level change and wetlands preservation.
Ordinance No.95-25-124
Approved on First Reading
Agenda Item #9.A.
27 May 2025
Page 79 of 154
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()Membership.The committee shall
and minutes of meetin s and other administrative and technical services as needed.The
minutes will be ?led with the Cit Clerks of?ce.
b Staff will be res onsible for the collection and ex enditure of an Cit funds in
accordance with urchasin uidelines.
Sec.23—58.—Membershi terms a ointments e0 ra hic re uirements com osition.
eommi—ttee—shall—eonstitute—a—q-uo?m—Five5members of the committee shall
constitute a uorum althou h a smaller number ma meet without takin of?cial
action.Re ardless of the number of committee members in attendance an action
needs at least ?ve 5 votes in the af?rmative to ass or fail an item.
or elected osition.in—
vielatien
three—(3+two(2')three-ear
No member
of the committee shall hold any other public of?ce
()Terms.
members shall serve three-year terms.Members shall not serve
more than consecutive .terms on the committee.All
terms shall expire on December 31 of the proper year,provided,however,that
members whose terms expire shall continue to serve until replacement
appointments are effective.Any committee member who wishes to resign should
submit a letter of resignation to the chairman and city clerk.Any vacancy during
the unexpired term of an appointed member shall be ?lled for the remainder of the
term.Should the length of the unexpired term be less than one (1)year,then such
appointment shall not count towards the maximum number of consecutive terms.
()Appointments.I omrnittee
members shall be selected
by the commission.
Ordinance No.95—25-124
Approved on First Reading
members.
Agenda Item #9.A.
27 May 2025
Page 80 of 154
It:
fel Procedures and rules of Of?cers
QL—EH—Ce nreet—en—the—seeend—VVedneselayLei‘ieaeh—
menthschedulenomorethantwo.2 u monthl y meetings in the Cit y Commission
Chamber or other ublic venue
12)ehaircit mana er provided—With g
51 L..1 l ll ..El 1
3 All meetin s of the Committee shall be ‘ro erl noticed and 0 en to the
public.
()
()Geographical requirements.There shall be at least one (1)member representing
each city district on the ommittee.Each committee member must be a full time
resident of the city or own real property in the city.For the purpose of this section,
full time residency shall be de?ned as the person's principal place of abode.Any
member must immediately notify the city manager and chair in writing
upon no longer meeting the membership quali?cations.
()Composition.To the extent possible,committee members should demonstrate at
least one (1)of the following skills,experience,expertise,educational background
or interests:
a.
F"P-‘PFerns»H.
Knowledge of best practices in environmental management and
sustainability;
Land development and building construction;
Urban planning and design;
Arboriculture and horticulture;
Landscape architecture;
Environmental policy;
Environmental and constitutional law;
Community engagement;and
Educational programming.
Organization
The ommittee shall
Special meetings may be called by the ,at least
forty-eight (48)hour notice
Ordinance No.95-25-124
Approved on First Reading
cit clerk
Agenda Item #9.A.
27 May 2025
Page 81 of 154
I )D Y
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pp
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()The committee shall subcommittee
4 The Committee and each member shall com 1 with the Florida Government in the
Sunshine Law Florida Code of Ethics for Public Of?cers and Em lo ees Florida
Public Records Law and related rovisions of the Cit ’5 Code of Ordinances and
a licable resolutions as ma be amended from time to time.
5 The Committee shall elect a chair and vice-chair at the re ularl -scheduled
meetin in Janua each ear.
6 In all cases involvin oints of arliamenta law "Robert's Rules of Order"
shall be the book of reference and its rules so far as the are a licable and not
in con?ict with the rovisions of the cit '3 Charter Code or other cit
ordinances shall be the rules of this Committee.
their—hise?iee—seat
Ordinance No.95-25-124
Approved on First Reading
()Removal ofmembers.Any member on the committee may be removed for cause by the
city commission upon written charges and after public .Any member
who fails to attend three (3)consecutive meetings without prior notice to the director
of planning and community development or his/her designee and without reasonable
cause shall have declared vacant by the committee.The vacancy
shall be promptly reported to the city clerk and ?lled by the city commission.
(3)
Agenda Item #9.A.
27 May 2025
Page 82 of 154
11
Sec 23-59.Liabiliu to Ci
The Cit Commission shall consider the recommendations r0 osed b the
Committee but nothin in this section or otherwise shall be construed as authorizin or
em‘owerin the Committee to im ose an liabilit of an nature financial or otherwise
u on the Cit without Cit a roval.
Ordinance No.95-25-124
Approved on First Reading
Agenda Item #9.A.
27 May 2025
Page 83 of 154
SECTION 3.Con?ict.All ordinances,resolutions,of?cial determinations or parts thereof
previously adopted or entered by the City or any of its of?cials and in con?ict with this Ordinance
are repealed to the extent inconsistent herewith.
SECTION 4.Severabilit .If a Court of competent jurisdiction at any time ?nds any provision
of this Ordinance to be unlawful,illegal,or unenforceable,the offending provision shall be
deemed severable and removed from the remaining provisions of this Ordinance which shall
remain in full force and intact.
SECTION 5.Effective Date.This ordinance shall take effect upon ?nal reading and approval.
PASSED by the City Commission on ?rst reading this day of ,2025.
PASSED by the City Commission on second and ?nal reading this day of
,2025.
Donna L.Bartle,City Clerk
Approved as to form and correctness:
Curtis Ford,Mayor
CITY OF ATLANTIC BEACH
Ordinance No.95-25—124
Approved on First Reading
Jason Gabriel,City Attorney
Attest:
Agenda Item #9.A.
27 May 2025
Page 84 of 154
ORDINANCE N O.95-25-124
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,COUNTY OF
DUVAL,STATE OF FLORIDA,AMENDING CHAPTER 23,
PROTECTION OF TREES AND THE NATURAL ENVIRONMENT,
DIVISION 3.—PERMITS,SEC.23-23.—PERMITS PROCEDURES,AND
SEC.23-25.—APPEALS;AMENDING DIVISION 6.-VIOLATIONS,
ENFORCEMENT AND PENALTIES BY MOVING SEC.23—52.—,
ENVIRONMENTAL STEWARDSHIP COMMITTEE-INTENT,INTO A
NEW DIVISION 7,ENTITLED ENVIRONMENTAL STEWARDSHIP
COMMITTEE,AND RENUMBERING WITH NEW SECTIONS,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.
WHEREAS,Sec.23-52 of the Code of Ordinances for the City of Atlantic Beach
provides details for the Environmental Stewardship Committee (ESC)and the city recognizes
this topic should be its own division (now Division 7)and renumber the subsections within
Chapter 23 to help better organize the codes;and
WHEREAS,the City desires to standardize city boards and committees,to the greatest
extent possible;and
WHEREAS,by standardizing the ESC it is necessary to remove the sections related to
subcommittees (amendments to Sec.23-23 and 23-25);and
WHEREAS,the City desires to standardize city boards and committees,to the greatest
extent possible;and
WHEREAS,establishing consistent,uniform boards improves ef?ciency and
productivity.
NOW,THEREFORE,BE ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA:
SECTION 1.Pu ose and Intent.The purpose and intent of this Ordinance are to standardize
city boards and committees to improve ef?ciency and productivity and Amend Sec,23—23Permit
procedures,Sec.23—25Appeals and Variances and Sec.23-52,Environmental Stewardship
Committee Intent,of the Code of Ordinances is hereby amended as follows:
Ordinance No.95—25-124
Proposed Changes
Agenda Item #9.A.
27 May 2025
Page 85 of 154
and
send to Environmental Stewardshi Committee ESC
Proposed Changes
Sec.23-23.Permits procedures.
(a)Application required.The applicant for a tree or vegetation removal permit shall submit the
established fee along with the application form as created and provided by the city to the
designated administrative department.The application shall contain all required narrative
and graphical information necessary to determine compliance with this chapter.If the
applicant is not the property owner,proper owner's authorization shall also be required.
(1)Existing lots or parcels.When a tree or vegetation removal permit is required,
applications for tree or vegetation removal shall be made prior to removal and prior to
any site disturbance or grading on a lot or parcel.
(2)New or re-platted subdivisions.Applications for tree or vegetation removal that will be
part of a new subdivision plat or a re-plat shall be submitted along with the preliminary
subdivision plat application so that due consideration may be given to the protection of
regulated trees and regulated vegetation during the site planning and subdivision
process.Trees to be protected shall be noted on the ?nal subdivision plat,and
subsequent applications for individual lots or parcels shall be consistent with the
approved ?nal subdivision plat,or application for a new tree removal permit shall be
required.
(3)After-the-factpermits.Any person(s)engaging in the removal of regulated tree(s)or
regulated vegetation prior to obtaining a permit will be required to apply for and obtain
an after-the-fact permit,and meet mitigation requirements as assessed.
(b)Su?ciency review ofapplications.
(1)Upon receipt of the application and appropriate fee,the administrator shall conduct a
preliminary review within ?ve (5)business days to determine that all required
information has been submitted and is suf?cient for review purposes.The applicant
shall be noti?ed of any de?cient items.Upon submittal of de?cient or missing
information,the administrator shall again review the application.If the requested
information has not been provided or is insuf?cient,the applicant shall be noti?ed in
writing that no further review will be performed until the requested information is
provided and found to be suf?cient.
(2)The administrator shall upload all tree permit applications to the city's website
within three (3)days of being
deemed suf?cient in accordance with this section.
(3)The ESC ,may review any permit application for compliance with
this chapter and may provide recommendations to the administrator regarding the
permit application.
Ordinance No.95-25-124
Agenda Item #9.A.
27 May 2025
Page 86 of 154
neHeee?mtent—te—xssue—a—the a roved
tree—subeemmrtteemehdmg—the—akemate—member—
.1..1 3,11 .1 l'?li.
E3 3
(C)
(d)
(f)
Proposed Changes
()The administrator may refer the application to other city department(s),the ESC
or a consultant during preliminary review.The applicant shall be
noti?ed if extended review by other departments and/or professionals is required.
(')An application shall be deemed abandoned thirty (30)days a?er the date the
administrator noti?es the applicant of any de?ciencies contained in the application if
the applicant has failed to submit all of the de?cient or missing information.The
administrator may,upon written request and justi?cation by the applicant,grant not
more than one (1),thirty-day extension.At the expiration of the extension,the
application shall automatically become null and void.In such cases,the application
review fees will not be refunded.
Review by other agencies.At the discretion of the administrator,relative to the
environmental sensitivity of the site,appropriate written sign-offs,permits or consents from
the agencies listed below which have jurisdiction may be required prior to regulated tree or
regulated vegetation removal from sites contiguous to or containing environmentally
sensitive areas or lands.The applicant shall obtain the written approvals,permits,or
consents and submit the agencies'written veri?cation to the city:
(1)Army Corp of Engineers (ACOE);
(2)Saint Johns River Water Management District (SJ RWMD);
(3)Florida Department of Environmental Protection (FDEP);
(4)Any other applicable governmental agencies extending jurisdictional controls over the
site.
Compliance review and approval ofapplications.When the administrator‘s application
review process and inspections have been completed,the administrator shall distribute
tree permit to the applicant and all members of the
ESC and upload the draft permit to the
city's website.
Expiration ofpermits.Work pursuant to the permit shall commence within six (6)months
of the date of issuance,or the permit shall expire.If the tree removal permit is in connection
with a development permit,compliance with the tree removal permit shall be determined
before the applicable development permit's ?nal inspection,or issuance of certi?cate of
completion or certi?cate of occupancy,as applicable.
Content ofpermits.The permit shall be issued in such form as may be prescribed by the
administrator and shall set forth in detail the conditions upon which the permit is granted
and speci?cally identify which land areas shall be cleared and/or which trees shall be
permitted to be removed.One (1)permit may cover several trees or groups of trees as long
as the trees or groups of trees can be clearly identi?ed thereon;provided,however,no
permit may be issued for more than one (1)lot,parcel or area of land unless such lots,
Ordinance No.95-25—124
Agenda Item #9.A.
27 May 2025
Page 87 of 154
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Proposed Changes
parcels or areas of land shall be contiguous to one another and considered as one (1)parcel
for the purpose of development.
(g)Posting ofpermits.The permit shall be posted in a conspicuous and visible place at the front
of the property by the applicant prior to any tree removal.The permit shall remain posted on
the property during all applicable tree and vegetation removal activity and until ?nal
inspection by the city.It is the responsibility of the applicant to maintain the permit in a
clearly visible manner at all times.
(h)Amendment ofpermits.Requests for minor changes to approved plans shall be made as an
amendment to the applicable permit.Additional information submitted with a request for
permit amendment shall be adequate to fully document the nature of the proposed change
and the effect it will have on all aspects regulated by this chapter.All plans,reports,
calculations,and other information affected by the proposed amendment shall be updated so
as to maintain an accurate record of the development activity.Review time for any changes
to plans approved for a permitted site shall be the same as speci?ed for the review of a new
application.An amendment to a permit shall not automatically extend the expiration date.
Substantial changes,including signi?cant increases in the number of trees to be removed or
land to be cleared,increases in impervious surface area,changes to intended land use,
modi?cation of stormwater management systems,or any other change that constitutes a major
modi?cation to a site plan or subdivision,new phases of development or other additions,shall
not be treated as amendments,but shall require a new permit application and fee.
(i)Revocation ofpermits.
(1)By administrator.The administrator may revoke any permit issued pursuant to this
chapter,following notice in writing to the permittee and after providing the permittee
opportunity to respond to the notice,in either of the following circumstances:
a.The administrator ?nds that the permittee has continued with any development
activity on a site for which a permit was issued,while the site is under a stop work
order which has not been reversed,canceled or suspended pursuant to this chapter,
except for speci?ed remedial work required to bring the violation into compliance
with the approved permit;or
b.If the administrator ?nds that the approval of the permit was based on incorrect
information ?lmished by the applicant for the permit.Based upon such ?nding,
however.the administrator may make reasonably necessary accommodations to
the conditions of a permit in lieu of revoking it.
(2)Discontinuance ofwork.Revocation of a permit may also result in a stop work order in
accordance with section 23—48.
Sec.23-25.Appeals and variances.
(a)Appeals.Appeals of ?nal decisions by the administrator made under the authority of this
chapter may be madeby the applicant,any member of the ESC tree subcommittee,or an
adversely affected party in accordance with the following provisions.Any appeal ?led
pursuant to this section shall stay all work on the premises and all proceedings in
furtherance of the action appealed,unless the appropriate administrative of?cial certi?es
that a stay would cause imminent peril to life or property.
Ordinance No.95—25-124
Agenda Item #9.A.
27 May 2025
Page 88 of 154
or re uest a
(1)
Proposed Changes
Appeals of a ?nal action or decision by the administrator shall be ?led in writing with
the administrator within ?ve (5)business days after rendition of the decision or ?nal
order being appealed.Upon receipt of a timely ?led appeal,the administrator shall
place the matter on the agenda of the next ESC tree subcommittee meeting
within a reasonable period of time with proper public notice,as well as
due notice to interested parties.ESC tree subcommittee shall review the
application for compliance with the requirements of hapter 23 and shall,by majority
vote,recommend that the administrator either approve,approve with conditions,or
deny the appeal.If the appellant is a member of the ESC tree subcommittee,that
member shall not participate in the decision.The administrator
shall issue or deny the permit within ?ve (5)
business days after the ESC tree subcommittee meeting.
(b)Variances.The community development board is authorized to grant relief from the strict
application of this chapter where,due to an exceptional situation,adherence to the
regulations of this chapter results in "exceptional practical dif?culties or undue hardship"
upon a property owner.The community development board must determine that granting
the request will not cause substantial detriment to the public good and will not be
inconsistent with the general intent and purpose of this chapter.The applicant has the
burden of proof.Any request for a variance pursuant to this section shall stay all work on
the premises and all proceedings in furtherance of the action appealed,unless the
appropriate administrative of?cial certi?es that a stay would cause imminent peril to life or
property.
(1)
(2)
A request for a variance shall be submitted on an application form as provided by the
city and shall contain each of the following:
a.A legal description of the property for which the variance is requested.
b.A reasonable statement describing the reasons and justi?cation for the variance.
0.A survey or site plan indicating existing,removed,and/or proposed trees;existing
and proposed construction,as well as other signi?cant features existing on the lot.
(1.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 behalf of
the property owner shall be provided with the application.
Upon receipt of a complete and proper application,the administrator shall within a
reasonable period of time schedule the application for a public hearing before the
community development board following the required public notice as set forth in
section 24—51.At the public hearing,the applicant may appear in person and/or may be
represented by an authorized agent.
a.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.
b.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
Ordinance No.95-25-124
s ecial meetin
u on considerin the
tree subcommittee recommendation
Agenda Item #9.A.
27 May 2025
Page 89 of 154
DIVISION 7.—ENVIRONMENTAL STEWARDSHIP COMMITTEE
2;Emérenmental—stewardshipmmi?ee—I-memPur ose
(3)
(4)
(5)
(6)
(7)
Sec.23-5
Proposed Changes
Grounds for approval of a variance.The community development board shall ?nd that
one (1)or more of the following factors exist to support an application for a variance:
a.Existing topographic elevation changes that would result in the likelihood that
preserved or planted materials would not survive.
b.Existing electrical lines or utility easements that prevent or restrict the
preservation or planting of landscape materials.
c.Barrier island or dune ecosystem planting conditions that cannot support certain
hardwood species.
(1.Designs and plans that,to the greatest extent feasible,avoid encroachment upon
preservation areas and/or trees.
In the event the community development board ?nds that none of the above exist,then
the community development board shall deny the variance.
Approval of a variance.To approve an application for a variance,the community
development board shall ?nd 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.
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.
Nearby nonconformity.Nonconforming characteristics of nearby lands,structures or
buildings shall not be grounds for approval of a variance.
Waiting period for 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—?ve(365)days from the date of denial.
The maritime forest in Atlantic Beach is core to the city‘s identity as a small coastal village.
The tree canopy creates beauty,provides a home for wildlife,functions as an element of the
water management system and enhances property values.It is in the best interest for this
committee to be the stewards of the tree canopy through advocacy,assessment,maintenance,
planting and preservation of this natural resource.The city parks provide open spaces for
recreation,exercise,wildlife habitat,relaxation and encounters with the natural world.This
committee intends to support the community to provide a variety of park spaces that are well
maintained,accessible and secure.This committee shall take the lead and set high community
standards in the beauti?cation and maintenance of public spaces located within the city.The
Ordinance No.95-25—124
Agenda Item #9.A.
27 May 2025
Page 90 of 154
(—199Sec.23—56.Duties and res onsibilities.WWEeSS
and—and su est riorities and r0 ecCtsQ6 Q6
Qe Mm .The Cit Commission will have an annual oint Commission
and ESC worksho todiscuss the committee 5 riorities su ested r0 ects and
annual work lan endgapemequest—bythe—e?yeemrmssieneeeity—manage?shall
prewde—wrrttei?eeemmenda?ens—m?ae—fellemg—areasTheCit Commission will
rioritize the committee’s work Ian related to these recommendations
Proposed Changes
Atlantic Ocean,the St.Johns River and the Intracoastal Waterway have a great deal of in?uence
on the micro climate,drainage issues and the diverse vegetation and wildlife that thrive within
the city.The care and health of the coast and marsh must be paramount in every recommendation
made by this committee about the use of our land,water system and tree canopy.
(a).It shall be the purpose of the
environmental stewardship committee:
(1)To study and make recommendations to the city commission and city staff with
respect to the city's:
a.Maritime forest;
b.Parks and open spaces;
0.Beauti?cation of public and private spaces;and
(1.Environmental stewardship.
(2)To act as a motivating and coordinating body to encourage joint public and
private participation in promoting these purposes.
Scope ofactivities.The nvironmental tewardship ommittee shall provide
guidance support to the ity ommission
and ity anager
(1)Maritime forest:
a.Clarifying and strengthening the city's processes and all tree and landscape
related city codes and ordinances;
b.Monitoring the appropriate administration and enforcement of the city's
ordinances;
0.Promoting transparency through online access to relevant information;
(1.Developing and maintaining environmental education and outreach programs
about the maritime forest and relevant codes;
e.Promoting appropriate planting and care of trees on private property to
owners,developers,builders,and tree/landscape service contractors;
f.Developing and maintaining a long-term tree plan that includes an
assessment of the tree canopy,projecting future needs,and developing a
calendar and budget for tree planting in parks,public spaces and along streets
and rights-of-way;
g.Promoting tree canopy advocacy including upholding the city's status as a
bona ?de "Tree City USA;"
Ordinance No.95-25-124
I‘GSGI'VCS
Agenda Item #9.A.
27 May 2025
Page 91 of 154
Proposed Changes
Developing a process for systematic,review of the city's enforcement of the
existing tree codes,including the long-term health of trees planted for
mitigation;and
Developing and maintaining a process for citizens to communicate possible
violations to the city.
(2)Parks and open spaces:
a.Developing and maintaining a long-range plan to protect,improve and
beautify park spaces;
Improving access to and amenities for parks including disability
accommodations,bike paths,parking,signage and other user friendly
features;
Expanding the city‘s inventory of parks and conservation land through
acquisition or other means;and
Maintaining a web-based,publicly accessible inventory of parks including
their history,archeological value,rules of use,deed restrictions and
conservation easements.
(3)Beauti?cation of public and private spaces:
a.Enhancing public spaces,including public rights-of—way,roadsides,city
buildings,beach accesses and other publicly held properties with art,
carefully maintained landscape design and plantings;
Incentivizing and advocating for beauti?cation of private and commercial
spaces;
Reducing the number and appearance of degraded or blighted
properties;and
Developing a design theme/community branding for signage,bus shelters,
lighting and other elements of the built environment.
(4)Environmental stewardship:
a.Utilizing best practices,including a science based approach,when making
any decision about development and its impact on our environment;
Protecting the beach,dunes,marshlands and wetlands as critical defenses in
hurricane,erosion and ?ooding conditions;
Communicating the dynamics of tidal drainage and ?oodplain with the goal
of preserving the city's ?ood management system;
Reviewing the city‘s environmental codes and ensuring enforcement of rules
including,but not limited to,dumping,septic tanks and commercial
pollution;and
Reviewing,updating and maintaining the Marsh Master Plan for adherence
to current research about sea level change and wetlands preservation.
Ordinance No.95-25-124
Sec.23-57.Ci staff administration su orts.
ublic
5 reserves and 0 en
Agenda Item #9.A.
27 May 2025
Page 92 of 154
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Sec.23—58.—Membershi terms a ointments e0 ra hic re uirements com osition.
eleverH—H}consist of nine 9 @ne-half—WThe ma‘orit
Re Iardlessofthe number of
committee members in attendance it shall take an action of the ma'orit of the
seats ?lled in the af?rmative to ass or fail an item.
a Staff will be assi ed b the Cit Mana er or desi nee to rovide technical and
administrative su ort.Staff will assist the Committee b re arin a endas r0 er notice
and minutes of meetin s and other administrative and technical services as needed.The
minutes will be ?led with the Cit Clerks office.
b Staff will be res onsible for the collection and ex enditure of an Cit funds in
accordance with urchasin idelines.
()Membership.The committee shall
members.of the ?lled
seats of the committee shall constitute a quorum.
No member of the committee
shall hold any other public of?ce in Violation of Article II,Section 5(a),Florida
Constitution.
()Terms.
members shall serve three-year terms.Members shall not serve
more than three (3)consecutive terms on the committee.All terms shall
expire on December 31 of the proper year,provided,however,that members
whose terms expire shall continue to serve until replacement appointments are
effective.Any committee member who wishes to resign should submit a letter of
resignation to the chairman and city clerk.Any vacancy during the unexpired term
of an appointed member shall be ?lled for the remainder of the term.Should the
length of the unexpired term be less than one (1)year,then such appointment
shall not count towards the maximum number of consecutive terms.
()Appointments.ommittee
members shall be by the board member review committee
and shall be by the commission.
93 Eaeeept—fer—the—i?aaghmaJ—eemmi-?eemembefsreg
seleeted—recommended
ee??fmed—approved liheeemmissien—le—seleet
Membe?wpfese?ta?ea Appei—n’eed—By
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Ordinance No.95—25—
three-ear
Proposed Changes
Agenda Item #9.A.
27 May 2025
Page 93 of 154
11
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cit clerk
fd Procedures and ruleS'of Of?cers
(_1_)__—(—]—)—Ce meet—en—the—seeo?d?ed?eséwetleaelnrmenth
schedule no more than two 2 monthl meetin s in the Cit Commission
Chamber or other ublic venue
g2)ehaircit mana er or desi nee previded
with g s‘Js—prewded—and—that—a—
maje?tyof—the'
'''
61—)3 A11meetin sof the Committee shall be ro erl noticed ando en to the
public.
()
()Geographical requirements.There shall be at least one (1)member representing
each city district on the ommittee.Each committee member must be a full time
resident of the city or own real property in the city.For the purpose of this section,
full time residency shall be de?ned as the person's principal place of abode.Any
member must immediately notify the city manager ‘
'and chair in writing
upon no longer meeting the membership quali?cations.
()Cnmnnsitinn.To the extent possible.committee members should demonstrate at
least one (1)of the following skills,experience,expertise,educational background
or interests:
a.
F"51.0FrqorhsvH.
Knowledge of best practices in environmental management and
sustainability;
Land development and building construction;
Urban planning and design;
Arboriculture and horticulture;
Landscape architecture;
Environmental policy;
Environmental and constitutional law;
Community engagement;and
Educational programming.
Organization
The ommittee shall
Special meetings may be called by the ,
at least forty—eight(48)hour notice
Ordinance No.95-25-124
Proposed Changes
Agenda Item #9.A.
27 May 2025
Page 94 of 154
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()The committee shall subcommittee
The committee shall establish a tree subcommittee in accordance with subsection
()below.
‘29 I“(75.91113leSll’anlpigsldelata”matingsBimeeemmmee{he *EEEha?ShaH
4 The Committee and each member shall com 1 with the Florida Government in the
Sunshine Law Florida Code of Ethics for Public Of?cers and Em lo ees Florida
Public Records Law and related rovisions of the Cit ’s Code of Ordinances and
a ‘licable resolutions as ma be amended from time to time.
5 The Committee shall elect a chair and vice-chair at the re larl —schedu1ed
meetin in J anu each ear.
6 In all cases involVin oints of arliamenta law "Robert's Rules of Order"
shall be the book of reference and its rules so far as the are a licable and not
in con?ict with the rovisions of the cit '3 Charter Code or other cit
ordinances shall be the rules of this Committee.
Lit The tree subcommittee shall develo and recommend olicies
ro rams education and incentives aimed at reservin rotectin and
enhancin the communit ’5 tree canot .JPheeom?nttee—mayestabhsh—sueh—
ether
Ordinance No.95—25—
()
Proposed Changes
Agenda Item #9.A.
27 May 2025
Page 95 of 154
g6
Jaeaf'mg meetin
ESC meetin s in three 3 meetings—months
Proposed Changes
()Removal ofmembers.Any member on the committee may be removed for cause by the
city commission upon written charges and after public ..Any member
who fails to attend three (3)'‘-’consecutive
without prior notice to the director of planning and community development or his/her
designee and without reasonable cause shall have declared vacant
by the committee.The vacancy shall be promptly reported to the city clerk and ?lled
by the city commission.
()Establishment oftree subcommittee,membership,terms.
(1)There is hereby established a tree subcommittee of the environmental stewardship
committee,referred to in this subsection as the subcommittee.The subcommittee
shall systematically review tree permits submitted to the city for completeness and
to determine compliance with the provisions of this chapter 23 as more
particularly described in this subsection.
The subcommittee shall consist of
three (3)members and one (1)alternate member.The alternate shall serve in the
case of the absence of any of the three (3)members.The members of the
enviromnental stewardship committee may volunteer to serve on the
subcommittee and shall be appointed to the subcommittee by the environmental
stewardship committee.All of the members of the subcommittee shall be
members of the environmental stewardship committee.The environmental
stewardship committee shall appoint or remove the members of the subcommittee
by a simple majority vote.Filling vacancies shall take place at the next regular
scheduled meeting of the environmental stewardship committee after a seat on the
subcommittee has become vacated.Members of the subcommittee may serve for
as long as they serve on the environmental stewardship committee.
(2)Organization of tree subcommittee.
a.The environmental stewardship committee shall establish a regular meeting
schedule of the tree subcommittee.
b.The administrator or designee shall attend all meetings of the subcommittee.
A city staff member designated by the city manager shall act as clerk for the
subcommittee.The clerk shall be responsible for the clerical administration
of the subcommittee.The clerk shall also be responsible for the maintenance
and preservation of all records of the subcommittee in coordination with the
city clerk's of?ce.
0.The subcommittee shall utilize the rules of the environmental stewardship
committee.Robert's Rules of Order shall be followed to conduct meetings.
All meetings shall be open to the public.The subcommittee shall keep
minutes of the proceedings,recording the vote of each member upon each
question or if absent or failing to vote,indicating such facts.It shall keep
records of its examinations and other of?cial actions,all of which shall be
promptly ?led with the city clerk's of?ce and shall become public record.
Ordinance No.95-25-124
their—hise?ieeseat
The subcommittee shall roduce a semi
annual re ort on the tree ermittin rocass.
Agenda Item #9.A.
27 May 2025
Page 96 of 154
y D
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Sec 23-59.Liabili to Ci
The Cit Commission shall consider the recommendations ro osed b the
Committee but nothin in this section or otherwise shall be construed as authorizin or
em owerin the Committee to im ose an liabilit of an nature ?nancial or otherwise
u on the Cit without Cit a roval.
Proposed Changes
The subcommittee will operate in compliance with Florida‘s Governmentin
the Sunshine Laws.
SECTION .Con?ict.All ordinances,resolutions,of?cial determinations or parts thereof
previously adopted or entered by the City or any of its of?cials and in con?ict with this Ordinance
are repealed to the extent inconsistent herewith.
SECTION .Severabilit .If a Court of competent jurisdiction at any time ?nds any provision
of this Ordinance to be unlawful,illegal,or unenforceable,the offending provision shall be
deemed severable and removed from the remaining provisions of this Ordinance which shall
remain in full force and intact.
SECTION 5 Scrivener’s errors.Staff or the ublisher of the Cit of Atlantic Beach’s Code of
Ordinances the Munici a1 Code Co oration ‘wwwmunicodecom is hereb directed to
inco orate the revised and amended Code rovisions rovided herein into the Cit ’5 Code of
Ordinances.Sections of Cha ter 23 ma be re-numbered or re-lettered and scrivener’s errors
formattin andt o ra hical errors and other minor inadvertent a hical errors in Cha ter 23
which do not affect the intent ma be authorized b the Cit Mana er and Cit Attorne without
the need of ublic hearin b ?lin a corrected or re-codi?ed co of the same with the Cit
Clerk.
10th
ebrua
PASSED by the City Commission on second and ?nal reading this day of
,2025.
SECTION .Effective Date.This ordinance shall take effect upon ?nal reading and approval.
PASSED by the City Commission on ?rst reading this day of
,2025.
CITY OF ATLANTIC BEACH
Ordinance No.95-25-124
Agenda Item #9.A.
27 May 2025
Page 97 of 154
Attest:
Donna L.Bartle,City Clerk
Approved as to form and correctness:
Curtis Ford,Mayor
Ordinance No.95-25-124
Jason Gabriel,City Attorney
Proposed Changes
Agenda Item #9.A.
27 May 2025
Page 98 of 154
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CITY OF ATLANTIC BEACH
CITY COMMISSION
STAFF REPORT
AGENDA ITEM:Ordinance No.95-25-125 amending Chapter 5 (Beaches and Parks),
Article 111(Public Parks),to add a new section 5-34 establishing rules and regulations for
conducting business activities in Public Parks and City facilities.
SUBMITTED BY:Kevin Hogencamp,Deputy City Manager
TODAY’S DATE:May 14,2025
MEETING DATES:May 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 prepared a draft ordinance that was
presented for review at the City Commission’s Jan.27 meeting;approved on ?rst reading at the
City Commission’s Feb.10 meeting;and reviewed by the Arts,Recreation and Culture Committee
at its Feb.11 meeting;and amended by consensus at the City Commission’s April 14 meeting.
Rules and regulations in the form of a policy on business activities in city parks and facilities are
included as Exhibit A
Cities regulate business and often prohibit business activity in parks and facilities for many
reasons.Among them:
o 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.
Agenda Item #9.B.
27 May 2025
Page 99 of 154
CITY MANAGER:
.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.
0 Visual Impact:Businesses may introduce visual clutter and detract ?'om 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.
.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
Of?cialsas Fiduciaries”;Health Facility Management magazine:“Regulatory Guidance for
Facilities Managers )
RECOMMENDATION:Commission adopt Ordinance No.95-125—25
BUDGET:N.A.
ATTACHMENT:Ordinance No.95-125-25
Agenda Item #9.B.
27 May 2025
Page 100 of 154
ORDINANCE NO.95-25-125
AN ORDINANCE TO AMEND CHAPTER 5 (BEACHES AND PARKS),
ARTICLE III (PUBLIC PARKS),TO ADD A NEW SECTION 5-34
ESTABLISHING RULES AND REGULATIONS FOR CONDUCTING
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,
SEVERABILITY AND SCRIVENER’S ERRORS;PROVIDING FOR
INCORPORATION AND CODIFICATION IN THE CODE OF
ORDINANCES;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City of Atlantic Beach owns and administers parks and other recreational
facilities;and
WHEREAS,the City of Atlantic Beach desires to maintain the integrity and intended use
of its parks and its recreation facilities for the enjoyment and bene?t of all residents and visitors;
and
WHEREAS,the conduct of commercial activities within these public spaces may have an
adverse impact on the recreational use,environmental quality,and overall character of such areas;
and
WHEREAS,it is necessary to establish clear and consistent guidelines for the approval of
business activities within public parks and City facilities and it has been determined that the
adoption of this Ordinance is in the best interest of the City and its residents.
NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH that:
SECTION 1.Code of Ordinances Amended to add a New Section.New Section 5-34
Business Activities in Public Parks is hereby added to the Code of Ordinances to the City of
Atlantic Beach,Florida as follows (and renumber subsequent sections,accordingly):
Sec.5-34 —Business Activities in Public Parks and City Facilities
(a)Definitions For the purposes of this Ordinance,the following de?nitions shall apply:
0 "Business Activity"shall mean any activity conducted for pro?t,including but not
limited to:*Sales of goods or services *Solicitation of donations or contributions *
Advertising or promotional activities *Use of park or facility for commercial ?lming
or photography *Conducting classes or workshops for pro?t,tips or donations.
Page 1 of 3OrdinanceNo.95—25-125
Agenda Item #9.B.
27 May 2025
Page 101 of 154
."City Manager"shall mean the City Manager of the City of Atlantic Beach or his/her
designee.."Public Park"shall mean any park,playground,green space,or other public area
owned or maintained by the City of Atlantic Beach.."City Facility"shall mean any building,structure,or other facility owned or
maintained by the City of Atlantic Beach including but not limited to City Hall,
community centers,and cultural centers.
(b)Prohibition of Business Activities.Business Activities are prohibited in all Public
Parks and City Facilities,unless as otherwise expressly provided in this Chapter.No person
or entity shall conduct any Business Activity in any Public Park or City Facility without
?rst obtaining written approval from the City Manager.
(c)Limited Approval for Non-Pro?t Entities and City Partnerships.The City Manager
shall only approve Business Activities in Public Parks or City Facilities conducted by
permit,other approval,and/or in partnership with the City.
((1)City Manager's Authority The City Manager shall have the administrative authority
to do any of the following:
1.Approve or deny any request or application for the conduct of a Business Activity.
2.Impose conditions or restrictions on approved activities.
3.Revoke approval for any Business Activity that violates this Ordinance or any other
applicable laws or regulations.
4.Execute agreements for the use of the Public Park or City Facility which includes
insurance and indemni?cations provisions,as form approved by the City Attorney.
5.Delegate his/her authority regarding these matters.
6.Char e fees to reimburse for ublic ex enditures.
e.As,seals of administrative decisions of Ci Mana er.A eals of a decision of the
cit mana er ma be made to the cit commissionb an erson's affected b a decision
of the cit mana er made under authorit of this cha ter.Such a eal shall be ?led in
writin with the cit clerk within thirt 30 da 3 after the rulin decision or determination
being appealed.
Rules and Regulations The Rules and Regulations in Exhibit A are hereby adopted as
policy,and may be updated or amended by the City Manager upon notice to the City
Commission.
(t)Enforcement Any person or entity that violates this Ordinance shall be subject to a civil
penalty of not more than $500 for each Violation.
Page 2 of 3OrdinanceNo.95—25—
Agenda Item #9.B.
27 May 2025
Page 102 of 154
SECTION 2.Inco oration Codi?cation Scrivener’s Errors Con?ict and Severabilit .
(a)It is the intention of the City Cormnission and it is hereby ordained that the provisions of this
Ordinance shall become and be made a part of the Code of Ordinances of the City of Atlantic
Beach,Florida,and that the sections of this ordinance may be renumbered or relettered and that
the word "ordinance"may be changed to "section,""article,"or other appropriate word.
(b)The publisher of the City of Atlantic Beach’s Code of Ordinances,the Municipal Code
Corporation (www.municode.com)is hereby directed to incorporate the revised and amended
Code provisions provided herein into the City’s Code of Ordinances.Sections of Chapter 5 may
be renumbered or re-lettered and scrivener’s errors,formatting and typographical errors and other
minor,inadvertent graphical errors in Chapter 5 which do not affect the intent may be authorized
by the City Manager and City Attorney without the need of public hearing,by ?ling a corrected
or re-codi?ed copy of same with the City Clerk.
(0)All Ordinances,Resolutions,Code of Ordinances or parts of thereof in con?ict herewith are
hereby repealed to the extent of such con?ict.
((1)If any word,phrase,clause,subsection,or section of this Ordinance is for any reason held
unconstitutional or invalid by a court of competent jurisdiction,the invalidity thereof shall not
affect the validity of any remaining portions of the Ordinance.
PASSED by the City Commission on ?rst reading on the 10th day of February 2025.
PASSED AND ADOPTED by the City Commission on second and ?nal reading on the 27thday
of May 2025.
Curtis Ford
Mayor
Approved as to form and correctness:
Donna L.Battle
City Clerk
Jason Gabriel
City Attorney
Page 3 of 3OrdinanceNo.95-25-125
SECTION 3.Effective date.This ordinance shall take effect on Jul 1 2025.
ATTEST:
Agenda Item #9.B.
27 May 2025
Page 103 of 154
CITYOF ATLANTIC BEAC
HPOLICYDOCUMENT
POLICYTITLE:BUSINESSACTIVITIESIN CITYPARKSAND FACILITIES
PURPOSE
The purposes for this policy include but are not limited to:
Ensure public safety,health and welfare of all City park and facility users and visitors.
Guarantee City parks and facilities are available for the benefit of all city citizens.
Preserve the environmental and recreational nature of the City’s parks and care of the City’
sfacilities.
Set clear rules for permitted business activities in City parks and facilities.
Protect the city‘s property and risk,and guarantee uses consistent with City parks and facilities.
Establish clear rules on the time,place and manner of business activities in City parks and
facilities.
POLICYSTATEMENT
Business Activities:For this policy business activities shall mean a course of dealing which
requires the time,attention and labor of the person so engaged for the purpose of earning
a livelihood or profit.Business activities include,but are not limited to,individual/group
instructional services,individual/group coaching and/or individual/group training or
educational activities.Such activities imply a continuous and regular course of dealing,
rather than an irregular or isolated transaction or event.A person may be engaged in one
or more businesses.There is a rebuttable presumption that a person is engaged in a
business activity where through advertising or other means one communicates to the public
that they are engaged in an activity for a fee and/or one files tax returns,schedules and/
ordocumentsthatarerequiredonlyofpersonsorentitiesengagedintradeorbusiness.
Business Activities Re istration:For this policy,business activities registration shall mean
the required documentation issued by the City which is evidence of approval to conduct
business activities on park land or within a facility owned by the City of Atlantic Beach.
Aside from their participation in City-operated or —partnered activities such as markets,
festivals and events,no person shall sell or make an offer to sell goods or services within a
park or facility owned by the City of Atlantic Beach (hereinafter ”park or facility”)without
first obtaining a business activities registration from the City,paying all required rental and
reservation fees,any applicable permit fees,and/orentering into a facilities use agreement
where applicable.
Business activities registration applications shall be approved or denied by the City Manager
or his/herdesignee.
The City shall endeavor to provide comprehensive programing and services for its citizens.
When the City seeks to augment services through third-party vendors,or to procure
Page 1 of 3
EXHIBITA
Agenda Item #9.B.
27 May 2025
Page 104 of 154
products or equipment,it shall follow the City of Atlantic Beach’s procurement policies.
BUSINESSACTIVITIESREGISTRATIONAPPLICATIONS
Re istration A lication Re uirements:The City shall consider applications to use parks
and facilities for business activities under the following circumstances:
1.Applicants shall complete a Parks and Recreation Request for Business Activities
Registration (hereinafter ”Application”).
2.By filing out an Application,the Applicant agrees to abide by all requirements,
stipulations and pay all fees associated with the potential issuance of 3 Parks and
Recreation business activities registration.
3.The Applicant shall identify the proposed park or recreation facilit
4.The Applicant shall identify the proposed times and provide a detailed explanation
of the business activities to be conducted.
5.Businesses operating in parks and City parks and facilities are required to remove all
equipment and materials at the end of their activity.
6.Additional information may be requested depending on the business activity.
Applicants must provide all the above information to be considered for a business activity.
If an application is incomplete or the applicant fails to provide all the required information,
the City shall deny the request.Upon issuance ofa business registration,the Applicant must
agree to provide all rental and/or reservations fees applicable to the park or recreation
facility identi?ed.
Evaluation Criteria for Permit A lication:The City shall issue a registration for applications
based on the following criteria:
The business activity requested must be a recreational or instructional activity that is
consistent with the City‘s desire to support green spaces,active lifestyles,parks,and
programming.
The applicant must have a City Business License,if required pursuant to City Code.
The applicant must have or be able to obtain insurance coverage sufficient to indemnify the
City of Atlantic Beach and provide evidence of such insurance to cover all injuries to people
or damage to park property.
Where the proposed activity may impact health and safety,the applicant must provide
credentials including evidence of his/her degrees and/or certifications to provide the
services proposed.
The applicant’s business activities must be consistent with the established uses for the
proposed City Park and/orfacility.
Page 2 of 3
ie_
A
Agenda Item #9.B.
27 May 2025
Page 105 of 154
EXHIBITA
The City may deny applications where the times,the site requested and/or the business
activities proposed will interfere or impact the normal access to the park or facility
requested.The City shall deny the Application where the number of proposed participants
or the size of the space cannot safely accommodate the proposed business activity.
The City shall deny proposed business activities that will create a health or safety risk for
parks and recreation patrons.
The City may deny an Application where some other person or entity has already reserved
the proposed park or facility space or where the City already has an ongoing recreational or
instructional activity in the identified park or facility at the proposed time and place for the
Applicant’s business activity.
The City shall deny an Application where there is a materially false statement within the
Application.
REGISTRATION APPROVAL AND TIMELINE
Upon receipt of an Application and any additional documentation requested,City staff shall
prepare a summary and Recommendation to approve or deny the application based upon
the criteria in Section IV.
The City Manager or his/herdesignee will determine whether to grant or deny a business
activities registration pursuant to the evaluation criteria under Section IV.He/sheshall
identify the basis for a denial of the Application in writing.He/sheshall notify the applicant
of the intent to issue or deny the registration and upon intent to issue,may at that time ask
for documentation of liability insurance and business license.
The Applicant shall receive a timely response to applications and notice of intent within a
reasonable period not to exceed Twenty (20)business days from the date all requested
documentation has been provided to the City of Atlantic Beach.
The registration shall be issued upon receipt of completed documentation demonstrating
that the applicant has obtained sufficient insurance coverage to indemnify the City of
Atlantic Beach and evidence of a business license to conduct business in accordance with
City Code,where required under the City Code.
Upon issuance of a business activities registration,applicants shall enter into a Facility
Use/RentalAgreement,where applicable,and/or pay such fees as are required to reserve
space or conduct business on park land.
Page 3 of 3
Agenda Item #9.B.
27 May 2025
Page 106 of 154
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:Ordinance No.5-25-71 codifying the establishment of the Arts,
Recreation and Culture Committee,changing some provisions,and
adding some provisions
SUBMITTED BY:William B.Killingsworth,City Manager
TODAY’S DATE:May 15,2025
MEETING DATE:May 27,2025
BACKGROUND:The City Commission approved Ordinance No.5-25-71 on ?rst read
on February 10.In addition to codifying the establishment of the Arts,Recreation and Culture
Committee,the ordinance approved on ?rst read increased the committee’s membership to nine
members and quorum requirement to ?ve members;and limited the committee to two meetings
per month unless the city manager or his/her designee calls for additional meetings.
Subsequent meetings and discussions including the City Commission,the Arts,Recreation and
Culture Committee,the Environmental Stewardship Committee (ESC),and staff have led to
proposed revisions.Key changes being proposed since the ordinance’s approval on ?rst read are:
0 Committee Composition:This verbiage is added in Section 5-43 (e)Composition:“(5)
Experience with activities,programs,or events related to arts,culture,recreation,
education,history,and other content under the scope of ARCC as designated by this
ordinance;or with design,planning,implementation,promotion,or evaluation of such
activities,programs,or events.”
0 Annual Workshop and Priorities:An annual workshop between the Commission and the
ARCC is now mandated.The City Commission shall approve the committee’s work plan.
0 Quorum and Voting:A quorum requires a majority of ?lled seats,and decisions will be
made based on a majority of ?lled seats.
0 Member Attendance:The criteria for removal due to lack of attendance have been updated
to include missing three meetings within a three-month period.
BUDGET:None
RECOMMENDATION:Review and consider approving Ordinance No.5-25-71
ATTACHMENT(S):Ordinance No.5—25-71(Approved on First Reading)
Ordinance No.5-25-71 (Proposed Changes)
Resolution No.22-52
REVIEWEDB CITY ANAGER:
Agenda Item #9.C.
27 May 2025
Page 107 of 154
ORDINANCE NO.5-25-71
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH,FLORIDA,REPEALIN G PORTIONS OF PREVIOUS
RESOLUTIONS REGARDING THE CREATION OF THE ARTS,
RECREATION,AND CULTURE COMMITTEE;CHANGING THE TITLE
OF CHAPTER 5 TO BEACHES,PARKS AND RECREATION WITH THE
PURPOSE OF ESTABLISHING PROVISIONS GOVERNING THE ARTS,
RECREATION,AND CULTURE COMMITTEE INCLUDING:PURPOSE;
MEMBERSHIP;TERMS OF MEMBERSHIP;FILLING OF VACANCIES;
REMOVAL OF MEMBERS;DUTIES AND RESPONSIBILITIES;CITY
STAFF ADMINISTRATIVE SUPPORT;PROCEDURES AND RULES;
ORGANIZATION OF OFFICERS AND LIABILITY TO CITY;AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the City Commission adopted Resolution No.02-13 creating a Cultural Arts
and Recreation Advisorv Committee (CARAC):and
WHEREAS,the provisions of Resolution No.02-13 were amended by Resolutions 03-05,
10-08,18-32,18-51,19-68,and those Resolutions were repealed by Resolution No.22-52,except
for provisions of Resolution No.18-32,18—51and 19-68 pertaining to the Teen Council;and the
committee was renamed the Arts,Recreation,and Culture Committee;and
WHEREAS,the City CommissiOn desires to codify the establishment of the Arts
Recreation,and Culture Committee by ordinance and provide for board and committee
standardization.
NOW,THEREFORE,BE ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA:
SECTION 1.Pu ose and Intent.The purpose and intent of this Ordinance are to standardize
city boards and committees to improve ef?ciency and productivity
SECTION 2.Re eal of Resolution No.22-52.
The City Commission hereby repeals all provisions of Resolution No.22—52;provided,
however,the following provisions of Resolution Numbers 18—32,18-51 and 19-68,pertaining to
the Teen Council are expressly retained:
Section 2 of Resolution No.18-32,as modi?ed in Section 2 of Resolution No.18-
51 and as further modi?ed in Section 2 of Resolution No.19-68,provided all
references to CARAC in each said Sections 2 shall henceforth mean the Arts,
Recreation,and Culture Committee.
SECTION 3.Amend and New Article.Amend the title of Chapter 5 from Beaches and Parks to
Beaches,Parks,and Recreation creating a new Article V,Recreation,Sections 5-40 thru 5-44 of
Agenda Item #9.C.
27 May 2025
Page 108 of 154
the Code of Ordinances is hereby amended as follows:
and su est riorities and ro'ects
Cit Commission will have an annual 'oint Commission and ARCC worksho to discuss
the committee’s rio?ties su ested meets and annual work lanU-pen—Eeqaest—by
—the
A..----......-..A.no:.-.
v "I I --I I .-u v
general peliey for Citfyrvenues reiateel to The Cit Commission will rioritize the
committee’s work Ian related to these recommendations
ARTICLE V.—ARTS RECREATION AND CULTURE COMMITTEE
Sec.5-40.-Purpose.
The purpose of the Arts,Recreation,and Culture Committee is to propose,
plan,promote and review artistic,recreational and cultural programs,exhibits,events,and
projects for the citizens of Atlantic Beach;and to make recommendations pertaining to
programming in and stewardship of active parks.The Committee is advisory only and
exists for the purpose of providing advice related to arts,recreation,and culture to the City
Commission regarding the most ef?cient and effective ways to spend limited tax dollars
for the maximum bene?t of the communitv.The Committee shall propose a diverse variety
of activities related to arts,sports and leisure,culture,education,history,enrichment,and
social engagement to bene?t citizens in all areas of Atlantic Beach.
See.5-41.Duties and responsibilities.
(a)The Arts,Recreation,and Culture Committee shall provide guidance
support to the City Commission and City Manager
:art,sports and leisure,culture,
education,and history programs;programs related to the City’s artistic,recreational and
cultural grant program;youth leadership program(s);calendar of events,matters of
communication,equity and gaps in programming and accessibility;community center
needs;and special projects as requested by staff or the City Commission.The City
Commission will prioritize the committee's work plan related to these recommendations.
(b)The Committee performs a key role in the City’s annual artistic,recreational,
and cultural grant program by:proposing grant program guidelines to the City
Commission;reviewing grant applications;and providing advice regarding grant awards
Ordinance No.5-2-71 Page 2 of 6
The
ARCC
Proposed Changes
Agenda Item #9.C.
27 May 2025
Page 109 of 154
The ma'orit of
?lled seats Five—éa—members—z—al’fhe?gh-
?I]l '1 1‘E35.l ..
annually to the City Commission based on approved grant program guidelines,City
Commission priorities and the needs of the community and community center programs.
(0)The Committee shall review requests for City funding for artistic,recreational
and cultural programs,events,and projects,and advise the City Commission as to which
are in line with City Commission priorities.
(d)The Committee shall perform a key role by reviewing and advising the City
Manager or his/her designee and/or the City Commission on the inventory of programs,
special events,and youth leadership program(s)administered by the City,their
effectiveness,and the budget to support them,in line with Commission priorities.
(6)The Committee may be asked to advise the City Commission on any new
recreation facilities under consideration by the City Commission,in line with City
Commission priorities.
(f)The Committee shall request and review a report of activities from the
directors of the City’s community centers to the Committee at least annually.
(g)The Committee shall provide a report of its activities to the City Commission
at least twice yearly.All advisory positions and statements of the Committee shall be
adopted via of?cial action of the Committee and shall be provided to the City Commission
by City staff or the Committee Chair (or his/her designee)for review.
See.5-42.-City staff administrative support.
(a)Staff will be assigned by the City Manager or designee to provide technical and
administrative support.Staff will assist the Committee by preparing budgets,proper notice
and minutes of meetings,and other administrative and technical services,as needed.The
minutes will be ?led in the City Clerk’s of?ce.
(b)Staff will be responsible for the collection and expenditure of any City funds in
accordance with purchasing guidelines.
Sec.5-43.-Membership,terms,appointments,geographic requirements,
composition.
(a)Membership.The committee shall consist of nine (9)members.
of the committee shall constitute a quorum ,
Regardless of the number of
Ordinance No.5-2-71 Page 3 of 6
Proposed Changes
Agenda Item #9.C.
27 May 2025
Page 110 of 154
DD
needs—aHeast—?lve—69
—VG’6es—
Section 5 a Flordia Constitution.
it shall take of the ma'orit of the seats ?lled
er—eleeted—pesi-tien—in violation of Article II
committee members in attendance,.:an action
in the af?rrnative to pass or fail an item.No member of the
committee shall hold any other public of?ce
(79)Terms.All members shall serve three-year terms.Members shall not serve more
than .consecutive three-year terms on the committee.All terms shall expire
on December 31 of the proper year,provided,however,that members whose terms expire
shall continue to serve until replacement appointments are effective.Any committee
member who wishes to resign should submit a letter of resignation to the chairman and city
clerk.Any vacancy during the unexpired term of an appointed member shall be ?lled for
the remainder of the term.Should the length of the unexpired term be less than one (1)
year,then such appointment shall not count towards the maximum number of consecutive
terms.
(c)Appointments.Committee members shall be
by commission.
(d)Geographic requirements.There shall be at least one (1)member representing each
city district on the ommittee.Each committee member must be a full-time resident of
the city or own real property in the city.For the purpose of this section,full time residency
shall be de?ned as the person's principal place of abode.Any member must immediately
notify the city manager,city clerk,and chair in writing upon no longer meeting the
membership quali?cations.
(e)Composition.To the extent possible,committee members should demonstrate at
least one (1)of the following skills,experience,expertise,educational background or
interests:
(1)Experience in the arts,such as art history,architecture,design or park design
(2)Experience in promoting or designing cultural activities
(3)Experience in promoting or designing recreational activities
(4)Experience in community engagement,such as public arts projects or
community outreach
(5)Experience with activities,programs,or events related to arts,culture,
recreation,education,history,and other content under the scope of ARCC as
designated by this ordinance;or with design,planning,implementation,promotion,
or evaluation of such activities,programs,or events.
0‘)Procedures and Rules;Organization ofO?icers.
(1.)The Committee shall schedule no more than two (2)monthly meetings in the
City Commission Chamber or other public venues.
Ordinance No.5-2-71 Page 4 of 6
appeinleed—recommended b the board
members review committee and shall be a roved
Wthree?)
Proposed Changes
Agenda Item #9.C.
27 May 2025
Page 111 of 154
R VD ETD ETD
0r desi ee
ARCC meetin s in three 3
Ordinance No.5-2—71 Page 5 of 6
(2.)Special meetings may be called by the city manager ,with at least
a forty—eight(48)hour public notice.
(3)All meetings of the Committee shall be properly noticed and open to the public.
(4)The Committee and each member shall comply with the Florida Government in
the Sunshine Law,Florida Code of Ethics for Public Of?cers and Employees,
Florida Public Records Law,and related provisions of the City’s Code of
Ordinances and applicable resolutions,as may be amended from time to time.
(5)The Committee shall elect a chair and Vice chair at the regularly scheduled
meeting in January each year.
(6)In all cases involving points of parliamentary law,"Robert's Rules of Order"
shall be the book of reference,and its rules,so far as they are applicable and not
in con?ict with the provisions of the city's Charter,Code,or other city ordinances,
shall be the rules of this Committee.
(7)The Committee shall not create subcommittees.
(g)Removal ofmembers.Any member on the committee may be removed for cause by the city
commission upon written charges and after public meeting.Any member who fails to attend three
(3),consecutive _
*without prior notice to the director
of planning and community development or his/her designee and without reasonable cause shall
have their seat declared vacant by the committee.The vacancy shall be promptly reported to the
city clerk and ?lled by the city commission.
Sec 5-44.Liability to City.
The City Commission shall consider the advisory statements for funding of events
proposed by the Committee,but nothing in this section or otherwise shall be construed as
authorizing or empowering the Committee to impose any liability of any nature,?nancial or
otherwise,upon the City,without City approval.
SECTION 4.Con?ict.All ordinances,resolutions,of?cial determinations or parts thereof
previously adopted or entered by the City or any of its of?cials and in con?ict with this Ordinance
are repealed to the extent inconsistent herewith.
SECTION 5.Severabilit .If a Court of competent jurisdiction at any time ?nds any provision of
this Ordinance to be unlaw?il,illegal,or unenforceable,the offending provision shall be deemed
severable and removed from the remaining provisions of this Ordinance which shall remain in full
force and intact.
SECTION 6 Scrivener’s errors.Staff or the ublisher of the Cit of Atlantic Beach’s Code of
Ordinances the Munici a1 Code Co oration www.municode.com is hereb directed to
inco orate the revised and amended Code rovisions rovided herein into the Cit ’5 Code of
Ordinances.Sections of Cha ter 23 ma be re-numbered or re—letteredand scrivener’s errors
formattin andt 0 a hical errors and other minor inadvertent a hical errors which do not
Proposed Changes
Agenda Item #9.C.
27 May 2025
Page 112 of 154
affect the intent ma be authorized b the Cit Mana er and Cit Attome without the need of
ublic hearin b ?lin a corrected or re—codi?edco of the same with the Cit Clerk.
76SECTION'.Effective Date.This Ordinance shall take effect immediately upon its passage
and adoption.
PASSED by the City Commission on ?rst reading this day of
,2025.
PASSED by the City Commission on second and final reading this day of
,2025.
Curtis Ford,Mayor
Jason Gabriel,City Attorney
Donna L.Bartle,City Clerk
Approved as to form and correctness:
Ordinance No.5-2-71 Page 6 of 6
10th
F ebrua
Attest:
Proposed Changes
Agenda Item #9.C.
27 May 2025
Page 113 of 154
the Code of Ordinances is hereby amended as follows:
and su est riorities and ro‘ects
Cit Commission will have an annual 'oint Commission and ARCC worksho to discuss
the committee’s riorities su ested meets and annual work lanU-pe?—request—by
—the
general peliey for City venues related to The Ci Commission Will rioritize the
committee’s work lan related to these recommendations
ARTICLE V.-ARTS RECREATION AND CULTURE COMMITTEE
Sec.5-40.Purpose.
The purpose of the Arts,Recreation,and Culture Committee is to propose,
plan,promote and review artistic,recreational and cultural programs,exhibits,events,and
projects for the citizens of Atlantic Beach;and to make recommendations pertaining to
programming in and stewardship of active parks.The Committee is advisory only and
exists for the purpose of providing advice related to arts,recreation,and culture to the City
Commission regarding the most efficient and effective ways to spend limited tax dollars
for the maximum bene?t of the community.The Committee shall propose a diverse variety
of activities related to arts,sports and leisure,culture,education,history,enrichment,and
social engagement to bene?t citizens in all areas of Atlantic Beach.
See.5-41.-Duties and responsibilities.
(a)The Arts,Recreation,and Culture Committee shall provide guidance
support to the City Commission and City Manager
:art,sports and leisure,culture,
education,and history programs;programs related to the City’s artistic,recreational and
cultural grant program;youth leadership program(s);calendar of events,matters of
communication,equity and gaps in programming and accessibility;community center
needs;and special projects as requested by staff or the City Commission.The City
Commission will prioritize the committee's work plan related to these recommendations.
(b)The Committee performs a key role in the City’s annual artistic,recreational,
and cultural grant program by:proposing grant program guidelines to the City
Commission;reviewing grant applications;and providing advice regarding grant awards
Ordinance No.5-2-71 Page 2 of 6
The
(ARCCQ
Proposed Changes
Agenda Item #9.C.
27 May 2025
Page 114 of 154
?lled seats MES—members—
”l .1 1.FE .1 .
annually to the City Commission based on approved grant program guidelines,City
Commission priorities and the needs of the community and community center programs.
(0)The Committee shall review requests for City funding for artistic,recreational
and cultural programs,events,and projects,and advise the City Commission as to which
are in line with City Commission priorities.
((1)The Committee shall perform a key role by reviewing and advising the City
Manager or his/her designee and/or the City Commission on the inventory of programs,
special events,and youth leadership program(s)administered by the City,their
effectiveness,and the budget to support them,in line with Commission priorities.
(e)The Connnittee may be asked to advise the City Commission on any new
recreation facilities under consideration by the City Commission,in line with City
Commission priorities.
(i)The Committee shall request and review a report of activities from the
directors of the City’s community centers to the Committee at least annually.
(g)The Committee shall provide a report of its activities to the City Commission
at least twice yearly.All advisory positions and statements of the Committee shall be
adopted via of?cial action of the Committee and shall be provided to the City Commission
by City staff or the Committee Chair (or his/her designee)for review.
See.5-42.City staff administrative support.
(a)Staff will be assigned by the City Manager or designee to provide technical and
administrative support.Staff will assist the Committee by preparing budgets,proper notice
and minutes of meetings,and other administrative and technical services,as needed.The
minutes will be filed in the City Clerk’s of?ce.
(b)Staff will be responsible for the collection and expenditure of any City funds in
accordance with purchasing guidelines.
Sec.5-43.-Membership,terms,appointments,geographic requirements,
composition.
(a)Membership.The committee shall consist of nine (9)members.
of the committee shall constitute a quorum ,
Regardless of the number of
Ordinance No.5-2—71 Page 3 of 6
The ma'orit of
L—aitheu-gh
Proposed Changes
Agenda Item #9.C.
27 May 2025
Page 115 of 154
needs—at—Ieast—?Ve—é9—
Ve’ées—
Section 5 a Flordia Constitution.
it shall take of the ma'orit of the seats ?lled
er—elee’éed—pesit-ie?—in Violation of Article II
committee members in attendance,an action
in the af?rmative to pass or fail an item.No member of the
committee shall hold any other public of?ce
(1))Terms.All members shall serve three-year terms.Members shall not serve more
than consecutive three-year terms on the committee.All terms shall expire
on December 31 of the proper year,provided,however,that members whose terms expire
shall continue to serve until replacement appointments are effective.Any committee
member who wishes to resign should submit a letter of resignation to the chairman and city
clerk.Any vacancy during the unexpired term of an appointed member shall be ?lled for
the remainder of the term.Should the length of the unexpired term be less than one (1)
year,then such appointment shall not count towards the maximum number of consecutive
terms.
(c)Appointments.Committee members shall be
by commission.
(d)Geographic requirements.There shall be at least one (1)member representing each
city district on the ommittee.Each committee member must be a full—timeresident of
the city or own real property in the city.For the purpose of this section,full time residency
shall be de?ned as the person‘s principal place of abode.Any member must immediately
notify the city manager,city clerk,and chair in writing upon no longer meeting the
membership quali?cations.
(e)Composition.To the extent possible,committee members should demonstrate at
least one (1)of the following skills,experience,expertise,educational background or
interests:
(1)Experience in the arts,such as art history,architecture,design or park design
(2)Experience in promoting or designing cultural activities
(3)Experience in promoting or designing recreational activities
(4)Experience in community engagement,such as public arts projects or
community outreach
(5)Experience with activities,programs,or events related to arts,culture,
recreation,education,history,and other content under the scope of ARCC as
designated by this ordinance;or with design,planning,implementation,promotion,
or evaluation of such activities,programs,or events.
()9Procedures and Rules;Organization 0f0?icers.
(1.)The Committee shall schedule no more than two (2)monthly meetings in the
City Commission Chamber or other public venues.
Ordinance No.5-2-71 Page 4 of 6
appein’eed—recommended b the board
members review committee and shall be a roved
Wthree?)
Proposed Changes
Agenda Item #9.C.
27 May 2025
Page 116 of 154
\Y
ETD
or desi ee
ARCC meetin s in three 3 meetings—
Ordinance No.5-2—71 Page 5 of 6
(2.)Special meetings may be called by the city manager ,with at least
a forty-eight (48)hour public notice.
(3)All meetings of the Committee shall be properly noticed and open to the public.
(4)The Committee and each member shall comply with the Florida Government in
the Sunshine Law,Florida Code of Ethics for Public Of?cers and Employees,
Florida Public Records Law,and related provisions of the City’s Code of
Ordinances and applicable resolutions,as may be amended from time to time.
(5)The Committee shall elect a chair and vice chair at the regularly scheduled
meeting in January each year.
(6)In all cases involving points of parliamentary law,"Robert's Rules of Order"
shall be the book of reference,and its rules,so far as they are applicable and not
in con?ict with the provisions of the city's Charter,Code,or other city ordinances,
shall be the rules of this Committee.
(7)The Committee shall not create subcommittees.
(g)Removal ofmembers.Any member on the committee may be removed for cause by the city
commission upon written charges and after public meeting.Any member who fails to attend three
(3).
''consecutive ‘-without prior notice to the director
of planning and community development or his/her designee and without reasonable cause shall
have their seat declared vacant by the committee.The vacancy shall be promptly reported to the
city clerk and ?lled by the city commission.
Sec 5-44.Liability to City.
The City Commission shall consider the advisory statements for funding of events
proposed by the Committee,but nothing in this section or otherwise shall be construed as
authorizing or empowering the Committee to impose any liability of any nature,?nancial or
otherwise,upon the City,without City approval.
SECTION 4.Con?ict.All ordinances,resolutions,of?cial determinations or parts thereof
previously adopted or entered by the City or any of its of?cials and in con?ict with this Ordinance
are repealed to the extent inconsistent herewith.
SECTION 5.Severabilit .If a Court of competent jurisdiction at any time ?nds any provision of
this Ordinance to be unlawful,illegal,or unenforceable,the offending provision shall be deemed
severable and removed from the remaining provisions of this Ordinance which shall remain in full
force and intact.
SECTION 6 Scrivener’s Staff or the ublisher of the Ci of Atlantic Beach’s Code of
Ordinances the Munici a1 Code Co oration www.municode.com is hereb directed to
inco orate the revised and amended Code rovisions rovided herein into the Ci ’s Code of
Ordinances.Sections of Cha ter 23 ma be re—nurnberedor re-lettered and scrivener’s errors
formattin and t o a hical errors and other minor inadvertent a hical errors Which do not
CI'I‘OI‘S
Proposed Changes
Agenda Item #9.C.
27 May 2025
Page 117 of 154
[W
W
W
affect the intent ma be authorized b the Cit Mana er and Ci Attorne without the need of
ublic hearin b ?lin a corrected or re-codi?ed co of the same with the Ci Clerk.
SECTION .Effective Date.This Ordinance shall take effect immediately upon its passage
and adoption.
PASSED by the City Commission on ?rst reading this day of
,2025.
PASSED by the City Commission on second and ?nal reading this day of
,2025.
Curtis Ford,Mayor
Jason Gabriel,City Attorney
Donna L.Bartle,City Clerk
Approved as to form and correctness:
Ordinance No.5-2-71 Page 6 of 6
10th
F ebrua
Attest:
Proposed Changes
Agenda Item #9.C.
27 May 2025
Page 118 of 154
RESOLUTION NO.22-52
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH,FLORIDA,REPEALING PORTIONS OF
PREVIOUS LEGISLATION REGARDING THE CULTURAL
ARTS AND RECREATION ADVISORY COMMITTEE;
RENAMING SAID COMMITTEE TO THE ARTS,RECREATION,
AND CULTURE COMMITTEE;ADOPTING NEW PROVISIONS
GOVERNING THE COMMITTEE INCLUDING:PURPOSE;
MEMBERSHIP;TERMS OF MEMBERSHIP;FILLING OF
VACANCIES;REMOVAL OF MEMBERS;DUTIES AND
RESPONSIBILITIES;CITY STAFF ADMINISTRATIVE
SUPPORT;PROCEDURES AND RULES;ORGANIZATION OF
OFFICERS AND LIABILITY TO CITY;PROVIDING FOR
CONTINUITY OF CURRENT COMMITTEE MEMBERS AND
TERMS:AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the City Commission adopted Resolution No.02-13 creating a Cultural Arts
and Recreation Advisory Committee (CARAC);and
WHEREAS,the provisions of Resolution No.O2-l3 have been amended by Resolutions
03-05,10-08,18-32,18-51,and 19-68;and
WHEREAS,the Cultural Arts and Recreation Advisory Committee has recommended
substantialrevisions to these governing Resolutions.
NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach,Florida:
SECTION 1.Re eal of Resolution Numbers 02-13 03-05 and 10-08 and re eal in art of
Resolution Numbers 18-32 18-51 and 19-68.
The City Commission hereby repeals all provisions of Resolution Numbers 02-13,03-05,
10-08,18-32,18-51 and 19-68;provided,however,the following provisions of Resolution
Numbers 18-32,18-51 and 19-68,pertaining to the Teen Council are expressly retained:
Section 2 of Resolution No.18-32,as modi?ed in Section 2 of Resolution No.18-
51 and as further modi?ed in Section 2 of Resolution No.19-68,provided all
references to CARAC in each said Sections 2 shall henceforth mean the Arts,
Recreation,and Culture Committee.
SECTION 2.Ado tion of New Provisions and New Committee Name.
The City Commission hereby approves the name change from the Cultural Arts and
RecreationAdvisory Committee to the Arts,Recreation,and Culture Committee (“ARCC”)and
hereby adopts the following provisions regarding the Arts,Recreation,and Culture Committee:
Page 1 of 6ResolutionNo.22-52
Agenda Item #9.C.
27 May 2025
Page 119 of 154
ARTS RECREATION AND CULTURE COMMITTEE
1.Purpose.
The purpose of the Arts,Recreation,and Culture Committee (“‘ARCC”or
“Committee”),previously named the Cultural Arts and Recreation Advisory Committee
(“CARAC”),is to propose,plan,promote and review artistic,recreational and cultural
programs,exhibits,events,and projects for the citizens of Atlantic Beach.The Committee
is advisory only and exists for the purpose of providing advice related to arts,recreation
and culture to the City Commission regarding the most efficient and effective ways to
spend limited tax dollars for the maximum bene?t of the community.The Committee shall
propose a diverse variety of activities related to arts,sports and leisure,culture,education,
history,enrichment,and social engagement to bene?t citizens in all areas of Atlantic Beach.
2.Membershi .
There shall be a total of seven (7)Committee members with one (1)alternate
member,all appointed by the City Commission,and all of whom shall be bona ?de
residents of Atlantic Beach.The alternate member is strongly encouraged to attend every
meeting and shall be allowed to vote and participate in ARCC business in the absence of
one or more regular Committee members.
3.Terms of memberS'fillin of vacancies.
The terms of of?ce shall be for three (3)years and members may serve a maximum
of three (3)consecutive terms.All terms shall expire on December 31 of the proper year,
provided,however,that members whose terms expire shall continue to serve until
replacement appointments are effective.Members of this Committee may hold a public
of?ce or other appointed position in the City,provided the powers and authority of this
Committee remain advisory only.A member may choose to resign from the Committee at
any time by giving written notice to the City Clerk.Any vacancy during the unexpire
d
term of a member shall be ?lled by the alternate member automatically for the remainder
of the term,unless the alternate member declines the position,in which case the vacant
position will be ?lled by the City Commission.Should the length of the unexpired term
Resolution No.22-52 Page 2 of6
Agenda Item #9.C.
27 May 2025
Page 120 of 154
be less than one (1)year,then such appointment shall not count towards the maximum
number of consecutive terms.
4.Removal of members.
Any Committee member may be removed for cause by the City Commission upon
written charges and after public hearing.Any member who fails to attend three (3)
consecutive meetings without notice to the Director of the Parks and Recreation
Department or his/her designee and without reasonable cause may have his/her of?ce
declared vacant by the Committee.The Committee chair shall notify the City Clerk of such
vacancy,and the City Commission shall promptly ?ll such vacancy
5.Duties and Res onsibilities.
(a)The Committee advises the City Commission on questions of general policy for
City venues related to:art,sports and leisure,culture,education,and history programs;
programs related to the City’s artistic,recreational and cultural grant program;youth
leadership program(s);calendar of events,matters of communication,equity and gaps in
programming and accessibility;community center needs;and special projects as requested
by staff or the City Commission.
(b)Working collectively,the Committee shall coordinate with staff on any needs,
assessments,goals and/or program reviews within its mission;and,when appropriate,bring
matters of public interest to the Director of the Parks and Recreation Department,the City
Manager and/or the City Commission.
(0)The Committee performs a key role in the City’s annual artistic,recreational
and cultural grant program by:proposing grant program guidelines to the City
Commission;reviewing grant applications;and providing advice regarding grant awards
annually to the City Commission based on approved grant program guidelines,City
Commission priorities and the needs of the community and community center programs.
(d)The Committee shall review request for City funding for artistic,recreational
and cultural programs,events,and projects,and advise the City Commission as to which
are in line with City Commission priorities.
Page 3 of6ResolutionNo.22~52
Agenda Item #9.C.
27 May 2025
Page 121 of 154
”—4
(e)The Committee shall perform a key role by reviewing and advising the Parks
and Recreation Department,the City Manager and/or the City Commission on the
inventory of programs,special events,and youth leadership program(s)administered by
the Parks and Recreation Department,their effectiveness,and the budget to support them,
in line with Commissionpriorities.
(0 The Committee may be asked to advise the City Commission on any new
recreation facilities under consideration by the City Commission,in line with City
Commission priorities.
(g)The Committee shall request and review a report of activities from the
directors of the City’s community centers to the Committee at least annually.
(h)The Committee shall provide a report of its activities to the City Commission
at least twice yearly.All advisory positions and statements of the Committee shall be
adopted via of?cial action of the Committee and shall be provided to the City Commission
by City staff or the Committee Chair (or his/her designee)for review.
6.Ci Staff Administrative Su art.
(a)Staff will be assigned by the City Manager to provide technical and
administrative support.Staff will assist the Committee by preparing budgets,proper notice
of and minutes of meetings,and other administrative and technical services,as needed.
(b)Staff will be responsible for the collection and expenditure of any City funds in
accordance with purchasing guidelines.
(a)The Committee shall hold its regularly-scheduled meetings on the second
Tuesday of each month at 6:00 pm.in the City Commission chambers or other public
venue.
(b)Special meetings may be called by the chair or a majority of the members.
(c)All meetings of the Committee shall be properly noticed and open to the public
.
Minutes of all meetings shall be recorded by City Staff and maintained by the City Clerk.
Page 4 of 6ResolutionNo.22-52
Procedures and Rules-0r anization of Of?cers.
Agenda Item #9.C.
27 May 2025
Page 122 of 154
(h)In all cases involving points of parliamentary law,“Robert's Rules ofOrder"
shall he the book of reference,and its rules.so far as they are applicable and not in
con?ict with the provisions of the City's Charter.Code,or other city ordinances,shall be
the rules of this
(i)The Committee shall not create subcommittees.
(d)The Committee and each member shall comply with the Florida Government in
the Sunshine Law,Florida Code of Ethics for Public Of?cers and Employees,Florida
Public Records Law,and related provisions of the City’s Code of Ordinances and
applicable resolutions,as may be amended from time to time.
(e)The Committee quorum is four members.Any of?cial acts by the Committee
shall require a majority vote of the members present;however,the Committee shall take
no of?cial action unless a quorum is present at a meeting.
(f)The Committee shall elect a chair,vice chair,and any other of?cers it deems
advisable from among the regular members at the regularly—scheduledmeeting in January
each year.
(g)The chair shall preside at all meetings of the Committee.In the temporary
absence or disability of the chair,all duties of the chair shall be performed by the vice chair.
Committee.The Committee may draft additional rules to govern the
conduct of their business,which shall be approved by the City Commission.
8.Liabilitv to Ci
The City Commission shall consider the advisory statements for funding of events
proposed by the Committee,but nothing in this Resolution or otherwise shall be construed
as authorizing or empowering the Committee to impose any liability of any nature,
?nancial or otherwise,upon the City,without City approval.
SECTION 3.Continuit of Current Committee Members and Terms.
Members currently serving on CARAC shall automatically continue to serve on the ARCC
for the remainder of their terms.Service on CARAC by current members shall count towards the
maximum number of consecutive terms.
Page 5 of 6ResolutionNo.22-52
Agenda Item #9.C.
27 May 2025
Page 123 of 154
PASSED AND ADOPTED by the City of Atlantic Beach,Florida ,this day of
SECTION 4 Effective Date.This Resolution shall take effect immediately upon its passage and
Donna L.Bartle,City Clerk
Approved as to fo and correctness:
B enna .Dur en,lty Attorney
Page 6 of 6ResolutionNo.22-52
E en Glasser,Mayor
?owAttest:
2022.
adoption.
Agenda Item #9.C.
27 May 2025
Page 124 of 154
Agenda Item #10.A.
27 May 2025
Page 125 of 154
Agenda Item #10.A.
27 May 2025
Page 126 of 154
Board Member Review Committee (BMRC)
May 15, 2025
MINUTES
Board Member Review Committee (BMRC) Meeting
Thursday, May 15, 2025 - 6:00 PM
City Hall, Commission Chamber
800 Seminole Road, Atlantic Beach, FL 32233
ATTENDANCE:
Present: Curtis Ford, Chair
Pamela White, Member
Sarah Boren, ESC Chair
Absent: Stephen Ditamore, Member
Sean Keane, Member
Also Present: Donna Bartle, City Clerk (CC)
CALL TO ORDER AND ROLL CALL
Mayor Ford called the meeting to order at 6:00 p.m.
1. APPROVAL OF MINUTES
A. Approve Minutes of the Board Member Review Committee meeting of October 7,
2024.
Minutes could not be addressed, due to lack of quorum needed for the item.
2. INTRODUCTIONS AND OVERVIEW OF ROLES AND RESPONSIBILITIES OF
BOARD/COMMITTEES
Mayor Ford welcomed the applicants and explained the process. He advised that the Committee
will be recommending one person for the District 1312 vacancy and one for the District 1307
vacancy, and, since there is a pending ordinance affecting the number of At-Large vacancies,
the Committee will provide at least three candidates in ranking order to cover those vacancies.
ESC Chair Boren gave an overview of the Environmental Stewardship Committee.
3. ENVIRONMENTAL STEWARDSHIP COMMITTEE (ESC) MEMBERSHIP
The Committee interviewed those candidates in attendance, separately. Silet Wylie, who
requested that her application remain on file for future vacancies, but not be considered tonight,
and James Moyer who was not present, were not interviewed. Each applicant explained their
personal accomplishments, experience, and interest and answered questions from the
Committee.
3A. Interview New Candidates.
Page 1 of 5
Agenda Item #10.A.
27 May 2025
Page 127 of 154
Board Member Review Committee (BMRC)
May 15, 2025
3.A.1. Daniel E. Frankel (District 1306)
BC App-25-07
Interviewed in person.
3.A.2. Jane Wytzka (District 1306)
BC App-23-10
Interviewed in person.
3.A.3. Brinkley A. Harrell (District 1306)
BC App-25-03
Interviewed through Zoom.
3.A.4. Lauren Bauder (District 1312)
BC App-24-04
Interviewed in person.
3.A.5. Falon J. Sexton (District 1312)
BC App-25-11
Interviewed in person.
3.A.6. Christina W. Kelcourse (District 1306)
BC App-25-10
Interviewed in person.
3.A.7. Jeannie Cole Gracy (District 1307)
BC App-25-09
Interviewed in person.
3.A.8. James Moyer (District 1306)
BC App-25-08
Was not present for an interview.
3.A.9. Amy Franqui (District 1312)
BC App-25-12
Interviewed in person.
3.A.10. Silet Wylie (District 1307)
BC App-24-01
Per Ms. Wylie's request, her application was not considered at this meeting.
Page 2 of 5
Agenda Item #10.A.
27 May 2025
Page 128 of 154
Board Member Review Committee (BMRC)
May 15, 2025
3.B. Discuss current members, Anastasia Houston and Amy Palmer, whose terms
expired on December 31, 2024 and are interested in reappointment.
MOTION: Recommend reappointing Anastasia Houston and Amy Palmer for an additional
term.
Motion: Pamela White
Second: Sarah Boren
Curtis Ford For
Pamela White (Moved By) For
Sarah Boren (Seconded By) For
Motion passed 3 to 0.
3.C. Public Comments
Lisa Herrold provided comments.
3.D. Make Recommendations.
The Committee discussed the vacancies, identified the eligible candidates for each
vacancy, and made the following recommendations.
MOTION: Recommend appointing Jeannie Gracy to the District 1307 vacancy.
Motion: Pamela White
Second: Sarah Boren
Discussion ensued.
Curtis Ford For
Pamela White (Moved By) For
Sarah Boren (Seconded By) For
Motion passed 3 to 0.
MOTION: Recommend appointing Amy Franqui to the District 1312 vacancy.
Motion: Sarah Boren
Second: Pamela White
Curtis Ford For
Pamela White (Seconded By) For
Sarah Boren (Moved By) For
Page 3 of 5
Agenda Item #10.A.
27 May 2025
Page 129 of 154
Board Member Review Committee (BMRC)
May 15, 2025
Motion passed 3 to 0.
MOTION: Recommend Lauren Bauder as #1 for At-Large.
Motion: Pamela White
Motion died due to lack of a second.
MOTION: Recommend Christina Kelcourse as #1 for At-Large.
Motion: Sarah Boren
Second: Pamela White
Curtis Ford Against
Pamela White (Seconded By) For
Sarah Boren (Moved By) For
Motion passed. 2 to 1.
MOTION: Recommend Dan Frankel as #2 for At-Large.
Motion: Sarah Boren
Second: Pamela White
Curtis Ford For
Pamela White (Seconded By) For
Sarah Boren (Moved By) For
Motion passed 3 to 0.
MOTION: Recommend Lauren Bauder as #3 for At-Large.
Motion: Sarah Boren
Second: Pamela White
Curtis Ford For
Pamela White (Seconded By) For
Sarah Boren (Moved By) For
Motion passed 3 to 0.
MOTION: Recommend Falon Sexton as #4 for At-Large.
Motion: Sarah Boren
Page 4 of 5
Agenda Item #10.A.
27 May 2025
Page 130 of 154
Board Member Review Committee (BMRC)
May 15, 2025
Motion died due to lack of a second.
MOTION: Recommend Brinkley Harrell as #4 for At-Large.
Motion: Pamela White
Motion died due to lack of a second.
MOTION: Recommend Jane Wytzka as #4 for At-Large.
Motion: Sarah Boren
Motion died due to lack of a second.
Since the Committee did not agree on a #4 for At-Large, it was decided that only three rankings
would be brought to the Commission.
4. OTHER BUSINESS
Closing Comments
Ms. Boren reported on the community's growing interest in environmental stewardship.
Ms. White acknowledged having a great pool of applicants.
Mayor Ford thanked everyone for attending.
ADJOURNMENT
The meeting adjourned at 8:22 p.m.
Attest:
Donna L. Bartle, City Clerk Curtis Ford, Mayor/Chair
Date Approved: __________________________
Page 5 of 5
Agenda Item #10.A.
27 May 2025
Page 131 of 154
Page 132 of 154
CITY OF ATLANTIC BEACH
WAIVER HEARING PROCEDURES
WAIV25-0002 (170 Club Drive)
Quasi-judicial proceedings,such as rezonings,uses by exception,variances and waiver
requests,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-judicial hearings,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
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
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
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 for Waiver Hearin WAIV25-0002
Mayor to Open Hearing
City Attorney —Procedural reminders/correspondence made part of record/swearing in
of staff,applicant and any person(s)wanting to testify before Commission on this
matter.
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
?nal action).
Staff presents an overview of the subject matter and timeline of the application.
Applicant,and/or Applicant’s legal counsel,present the request and support for
approving the waiver request and Applicant’s witnesses,if any,make presentations.
Public comments —3 or 5 minutes,depending on number of speaker cards submitted to
Clerk.
Closing comments/rebuttal by Applicant (may include cross-examination if requested).
Commission deliberation and action,based on provisions set forth in Section 24—
190,Land Development Regulations,Waivers,which will be memorialized in the writing.
Commission shall review the recommendation made by the Community Development
Board.
Commission may approve,approve with conditions or deny the waiver request.
Per Section 24-66,The city commission shall not approve a waiver unless:
(1)Compliance with such provision(s)would be unreasonable;or
(2)Compliance with such provision(s)are in con?ict with the public interest;or
(3)Compliance with such provision(s)are a practical impossibility.
(c)A waiver shall not modify any requirement or term customarily considered as a
variance.
((1)A waiver shall be considered only in cases Where alternative administrative procedures
are not set forth within the city Code of Ordinances.
Agenda Item #10.B1.
27 May 2025
Page 133 of 154
(e)A waiver from the land development regulations may be approved only upon showing
of good cause,and upon evidence that an alternative to a speci?c provisi0n(s)of this
chapter shall be provided,which conforms to the general intent and spirit of these land
development regulations.In considering any request for a waiver from these land
development regulations,the city commission may require conditions as appropriate to
ensure that the intent of these land development regulations is enforced.
REFERENCED CODE SECTIONS
Sec.24-66.-Waiver.
(a)General.Except for those waivers authorized by ,where the city commission
?nds that undue hardship due to unreasonable practical dif?culties may result from strict
compliance with this chapter,the city commission may approve a waiver.
(b)Conditions of waiver.An applicant seeking a waiver shall submit to the city commission a
written request for the waiver stating the reasons for the waiver and the facts,which support the
waiver.The city commission shall not approve a waiver unless:
(1)Compliance with such provision(s)would be unreasonable;or
(2)Compliance with such provision(s)are in con?ict with the public interest;or
(3)Compliance with such provision(s)are a practical impossibility.
(c)A waiver shall not modify any requirement or term customarily considered as a variance.
(d)A waiver shall be considered only in cases where alternative administrative procedures are
not set forth within the city Code of Ordinances.
(e)A waiver from the land development regulations may be approved only upon showing of
good cause,and upon evidence that an alternative to a speci?c provision(s)of this chapter shall
be provided,which conforms to the general intent and spirit of these land development
regulations.In considering any request for a waiver from these land development regulations,the
city commission may require conditions as appropriate to ensure that the intent of these land
development regulations is enforced.
REF ERENCED CODE SECTIONS IN STAFF REPORT
Sec.19-1.-Construction within and/or use of city rights-of—way.
(a)Except as expressly set forth below in article 11of this chapter regulating utilities,and in article
III of this chapter regulating communication services,the provisions in this article I shall apply to
any construction within and/or use of city rights-of—way.
section 24-190
Agenda Item #10.B1.
27 May 2025
Page 134 of 154
section 19-2
(b)The following terms and phrases shall have the meanings given herein for purposes of
this .Words not otherwise de?ned shall be construed to mean the common and ordinary
meaning.
Construction means any use of,activity,placement,replacement,repair or installation performed
by any person or entity other than the city within the boundaries of any city 11'ght-of—way,including,
but not limited to,curb cuts;driveways;excavation activities;installation of pavers,poles,
conduits,wires,cables,fencing,signage and sidewalks;structures or other improvements or
?xtures;and landscaping activities.The term does not include pedestrian,bicyclist or vehicular
use of the rights-of—way.
Rights-of-way or public rights-ofway means land in which the city owns the fee or has an
easement devoted to vehicular,bicycle and/or pedestrian movement,or required for use as a
transportation facility,as that term is de?ned in PS.§334.03(21),and may lawfully grant access
pursuant to applicable law and includes the surface,airspace over the surface and the area below
the surface of such rights-of-way."Public rights-of-way"shall not include (a)county,state or
federal rights—of—way,(b)property owned by any person other than the city,(c)service entrances
0r driveways leading from the road or street onto adjacent property,or ((1)except as described
above,any real or personal property of the city,such as,but not limited to,city parks,buildings,
?xtures,conduits,water lines,sewer lines,facilities or other structures or improvements,
regardless of whether they are situated in the public rights-of-way.
(c)Except as may be permitted in accordance with hereof,no person or entity shall
undertake any use of or any type of construction within city rights-of—way,including without
limitation,the following:
(1)Installation of mailboxes other than units prescribed by US.Postal Service Standards and
Florida Department of Transportation Parking and Traf?c Design Standards.
(2)Decorative walls.
(3)Retaining walls.
(4)Buildings or structures of any kind.
(5)Barriers or obstructions of any kind.
(6)Permanent recreational structures of any kind,except no recreational structures whether
permanent or temporary on streets listed in of the Code of Ordinances.
(7)Fences.
(8)Swimming pools.
(9)Parking spaces or lots.
(10)Landscaping of any kind,except sod,which is permitted provided the adjoining landowner
maintains the sod.
(l 1)Any other improvement,object or item requiring a permanent foundation or which cannot be
removed readily.
(12)Any improvement,object or item designed and intended for personal or private use and not
for public use.
section 21-17
cha ter 19
Agenda Item #10.B1.
27 May 2025
Page 135 of 154
section 19
(13)Security lights and street lights.
(14)Any work,construction activity or item which creates an obstruction,whether permanent or
temporary,to the free and complete use of the right-of-way
(15)Driveways,new,modi?ed or replaced (see ).
Sec.19-2.-Permits and revocable licenses required.
(a)Any person or entity desiring to undertake construction within and/or use of a right-of-way
shall obtain,prior to commencement of any work,a permit for such activity issued by the city
manager or his designee on terms and conditions as described herein,or in accordance with
subsection (t)herein,the issuance of a revocable license.
(b)Any such person or entity shall complete and ?le an application for such approval in the form
prescribed by the city.
(c)Fees for permits and revocable licenses shall be determined by resolution of the city
commission.
(d)No use of or construction in a right-of—wayshall be permitted or licensed if that use or
construction creates an obstruction barrier or safety hazard as de?ned by generally accepted
engineering practices.
(e)All requests for use of or construction within a right-of—wayshall be evaluated based on the
bene?t of said use or construction to the general public and the degree to which the bene?t to and
convenience gained by a private property owner con?icts With or outweighs the bene?t to the
general public for the use of the affected right-of—way.
(i)Revocable licenses are required for all improvements in the right-of—waywhich are not accepted
for maintenance by the city.
(g)All requests for revocable license agreements require approval by the city manager or his
designee.
(h)The permit or revocable license applicant shall be the owner or owners of the real property
located adjacent to the affected right—of—wayor a person designated by af?davit of said owner or
owners.
(i)Time limitations.
(1)In no case shall construction commence on any improvement within any right-of—
waybeforeapermitand,if required,a license is issued.A permit issued by the city shall be
valid for a period of up to one hundred eighty (180)days from the date of issuance.If a
period in excess of one hundred eighty (180)days is required because of the scope of work,
approval shall be obtained in advance of the issuance of the permit and the permit
validation period shall re?ect such extension.A permit shall not be extended more than
three (3)times or for more than one (1)year from the date of issuance.
(2)After issuance of the permit,the permittee shall notify the building department a
minimum of two (2)business days prior to commencing construction.This noti?cation will
allow for scheduling of inspections.If a road closure is required,the permittee shall submit
with the permit application a maintenance of traf?c (MOT)plan to include all proposed
Agenda Item #10.B1.
27 May 2025
Page 136 of 154
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road closures and an expected time duration for each closing.Road closures shall require
separate approval by the public works department and public safety department and a
minimUm of three (3)business days'prior noti?cation before the commencement or
construction.Road closures of fewer than ?fteen (15)minutes shall not require noti?cation.
(j)Application and other requirements.
(1)Any person legally entitled to apply for and receive a permit and/or license under the
provisions of this article shall make such application in writing to the city in a form/format
provided for that purpose.Every applicant for a permit/license shall give a description of
the character of the work proposed to be done and the location,ownership,occupancy and
use of the premises in connection therewith.The city may require plans,speci?cations or
drawings and such other information as it may deem necessary and pertinent prior to the
granting of a permit/license.If the city determines that the plans,speci?cations,drawings,
descriptions or other information ?lmished by the applicant are in compliance with this
article,the rules and regulations of any other department having jurisdiction and any other
laws,rules and regulations pertaining to work proposed to be done,it shall issue the
permit/license applied for upon payment of the required fee.
(2)The order,sequence and prerequisites for making applications shall be as designated
by the city.
(3)The applicant shall determine all potential utility con?icts during the design stage and
shall show same on the plan and pro?le drawings submitted with the application.The plan
and pro?le drawings shall be in accordance with utility plan guidelines or as speci?ed by
the city.
(4)If it is determined that such work or activity within any right-of-way will not
unreasonably interfere with the rights of the public or city,the city may issue a
permit/license for such construction work or activity,upon such reasonable conditions as
the city deems necessary for the protection of the rights of the public and the city.
(5)Under all conditions prescribed in this section,the construction shall not proceed unless
the statewide one-call toll—freetelephone noti?cation system or such other method
established under the Underground Facility Damage Prevention and Safety Act,as now or
hereafter amended,is noti?ed not less than forty-eight (48)hours nor more than ?ve (5)
days in advance of beginning construction.Advance noti?cation is waived when it is
documented to the city that the excavation work is of an emergency nature involving the
public health,safety or welfare.
(6)All applicants shall give the full name,address,electronic mail address and telephone
number of the person or organization making such application and all contractors expected
to participate in the construction of the work;shall designate the place,extent,nature and
purpose of such work or activity;and,if any paving,curbing,sidewalk,drainage feature,
sewer or water main will be disturbed by such work,the city manager or designee may
require that the application be accompanied by a deposit of money in such amount as shall
in the opinion of the city manager of designee be suf?cient to pay for the expense of
repairing or restoring the same.Pavement replacement shall be in accordance with the
conditions set forth in the permit and other standards of the city.Failure or neglect on the
part of the applicant to carry out all work in compliance with the conditions set forth in the
Agenda Item #10.B1.
27 May 2025
Page 137 of 154
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permit/license and other standards of the city shall be reason for revocation of the
permit/license.
(7)All applicants shall restore the rights-of—wayto its previous condition.
(8)All applicants shall verify the location and elevation of all underground facilities and
shall protect said facilities from damage;in the event that any facilities are damaged,the
applicant or applicants shall,at their sole expense,repair or cause to be repaired the
damaged facilities to the satisfaction of the owner or operator of said facilities.
(9)Upon the completion of the work authorized by a permit/license hereunder,the
permittee/licensee shall re?ll all trenches and excavations.All openings in rights-of-way
must be promptly ?lled with suitable material,free ?om rubbish and perishable matter,
and thoroughly and evenly compacted throughout,ramming in thin layers while being put
in or by ?ooding with water.Upon completion of the back?ll,the permittee/licensee shall
immediately place pavement,if applicable,in a safe condition for traf?c by laying a
temporary pavement,properly supported,having the top of the pavement ?ush with the
pavement surface.Immediately after completion of work or any consecutive portion of it,
the permittee/licensee shall remove from such street or sidewalk all unused material,refuse
and dirt placed in the vicinity of the work resulting from its prosecution and restore the
right—of—waytoa condition satisfactory to the city,notifying the city of such action.In case
the work is not completed within the time limited in the permit/license,the city may,if it
deems necessary,take steps to return the surface to a safe condition.If an extension of time
beyond such date is necessary for completion of the work,a new application must be
obtained.All persons in charge of any work in the rights-of—waymust retain and have in
possession at all times while so engaged the permit/license as described in this section.If
the city shall at any time within thirty (30)days after the sidewalks and/or pavement have
been replaced or repaired determine that the work has not been completed in a workmanlike
manner or otherwise fails to meet city standards,then,and in that event,the city shall cause
the sidewalks,pavement or other surfaces within the right-of-way so defectively replaced
and repaired to be properly replaced and repaired.All costs and expenses of so replacing
and repairing such work shall be charged against the fund deposited by the person to whom
the permit was granted to cut,disturb and excavate the pavement or sidewalks,for a period
of one (1)year against defect.
(k)Each applicant for a permit and/or license,as may be applicable,under this article shall:
(1)Agree to save the city,its of?cers,employees and agents harmless from any and all
costs,damages and liabilities which may accrue or be claimed to accrue by reason of any
work performed or existence of any improvement under such permit or revocable license.
The acceptance of any permit or revocable license under this article shall constitute such
an agreement by the applicant whether such acceptance is expressed or not.
(2)Pay a permit and engineering review fee and security deposit.Developers of major
subdivisions may request to pledge assurances to the city in lieu of cash or check,and the
city,in the sole exercise of the city manager's judgment and discretion,may accept or reject
such assurances.
(3)Furnish a certi?cate of insurance.
(4)Keep the original copy of the permit or revocable license and an approved copy of the
plan in the possession of the party actually doing the work and,when requested,exhibit
Agenda Item #10.B1.
27 May 2025
Page 138 of 154
such copy to the building of?cial,duly authorized inspectors or,in the instances of county
and state roads.to the respective inspectors representing these authorities.
(5)Agree to perform the work in accord with the permit and/or revocable license conditions
and the regulations established under this article.
(1)Bond.A performance bond,or other ?nancial security,in form,content and execution approved
by the city,may be required to protect the city in the event the speci?ed work is not completed or
does not conform to the city's requirements,or when damages to the right-of-way have occurred.
In Permit/license revocation.The city may revoke permits and licenses issued upon ?ndin that:g
(l)The permit/license was issued by mistake of law or fact;
(2)The permit/license is for work which violates the provisions of this article;
(3)The permit/license was issued upon a false statement or misrepresentation by the
applicant;
(4)The permit/license violates any ordinance of the city or any state or federal law,rule or
regulation;
(5)The work is not being performed in accordance with the provisions of this article;
(6)The certi?cate of competency or license of the permittee has become invalid by reason
of expiration,suspension,revocation or otherwise;
(7)The work is not being performed under the supervision of the holder of the certi?cate
or license upon which the same was issued;
(8)The work is not being done in accordance with the terms of the permit/license,the plans
or the application upon which the same was issued;
(9)Payment of the fees was not effected due to insuf?cient funds or any other reason;
(10)The work performed is threatening or interfering with public welfare and safety;
(1 l)The work performed is not in compliance with this article and/or city Code;or
(12)The permittee is not in compliance with this article and/or city Code.
Agenda Item #10.B1.
27 May 2025
Page 139 of 154
Page 140 of 154
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM:WAIV25-0002 Public Hearin
WAIV25-0002 is a request for a waiver from Section 19-1 to allow a parking
pad in city right-of—wayat 170 Club Drive.
SUBMITTED BY:Amanda Askew,Neighborhoods Department Directo
TODAY’S DATE:May 12,2025
MEETING DATE:May 27,2025
BACKGROUND:The applicant,Mitch Morse,has owned
170 Club Drive since 2024 and is requesting a waiver from
Section 19-1 of the City Code to allow the continued use of a
parking pad within the city right-of-way.The parking pad was
constructed in 2024 without a permit and currently consists of
gravel.
Prior to the 2024 Chapter 24 update,similar requests only went
before the City Commission as part of the waiver process.Since
many of these request’s deal with deviations from other land
development regulations not speci?ed in Chapter 24,the code
updated the process to bring waivers to the Community
Development Board to make a recommendation to commission
to approve,approve with conditions,or deny the request.
Section 19-1 of the City Code prohibits numerous types of
construction in the right-of-way,including parking pads:
“(1)Installation of mailboxes other than units prescribed by US.
Postal Service Standards and Florida Department of
Transportation Parking and Tra?ic Design Standards.
(2)Decorative walls.
(3)Retaining walls.
(4)Buildings or structures ofany kind.
(5)Barriers or obstructions ofany kind.
(6)Permanent recreational structures ofany kind,except no recreational structures whether permanent or
temporary on streets listed in section 21-17 ofthe Code of Ordinances.
(7)Fences.
(8)Swimming pools.
(10)Landscaping ofany kind,except sod,which is permitted provided the adjoining landowner maintains
the sod.
(11)Any other improvement,object or item requiring a permanent foundationor which cannot be removed
readily
(12)Any improvement,object oritem designed and intended forpersonal or private use and not forpublic
use.
(13)Security lights and street lights.
,r1173;
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Agenda Item #10.B4.
27 May 2025
Page 141 of 154
xt'clinn I 9-7 n(15)Driveways,new,modi?edor replaced (see
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Section 19—2authorizes the city manager or designee to issue a permit or revocable license to undertake
construction within the city right-of—wayand states that “all requests for use of or construction within a
right-of-way shall be evaluated based on the bene?t of said use or construction to the general public and
the degree to which the bene?t to and convenience gained by a private property owner con?icts with or
outweighs the bene?t to the general public for the use of the affected right-of—way.”
The waiver application was submitted on January 29,2025,in response to a code enforcement action
regarding the unpermitted installation of a gravel parking pad in the city right-of-way.During an
inspection conducted on September 13,2024,City code enforcement staff found the gravel had been
placed without a permit and was washing into the adjacent concrete gutter,prompting a Notice of
Violation (Case #24-157)on September 19,2024.
The notice advised that no landscape materials may be installed in the right-of-way without a permit and
required the owner to either remove the gravel or apply for a permit within 10 days.It further stated that
Agenda Item #10.B4.
27 May 2025
Page 142 of 154
any approved design would need to incorporate a 2-foot-wide buffer between the gravel and the road's
edge.
The applicant has since clari?ed that the waiver request is to allow the existing gravel parking pad to
remain.Since the violation notice,the applicant has added a 2-foot-wide buffer between the gravel and
edge of pavement.This too is included in the waiver request.
May 2024 -before
Sept.2024 —picture from
Code Enforcement April 2025 2-foot buffer
added
Agenda Item #10.B4.
27 May 2025
Page 143 of 154
At the January 21,2025 Community Development Board meeting,a motion to recommend that
the City Commission deny the request was made and passed by a vote of 4 to 2.
WAIVERS
A waiver from the land development regulations may be approved only upon showing of good cause,and upon
evidence that an alternative to a speci?c provision(s)of this chapter shall be provided,which conforms to the
general intent and spirit of these land development regulations.In considering any request for a waiver from
these land development regulations,the city commission may require conditions as appropriate to ensure that the
intent of these land development regulations is enforced.
The city commission may grant a waiver from Chapter 24 of other application chapters or other application
chapters in accordance with Section 24-66.A waiver may be considered only for the following:
(1)Maximum building heigh in accordance with section 24-156
(2)Article IV “subdivision and site improvement regulations”.
(3)Development standards as part of a special planned area in accordance with Division 6
(4)Other land development regulations contained within this city code outside of chapter 24
The city commission shall not approve a waiver unless:
(1)Compliance with such provision(s)would be unreasonable;or
(2)Compliance with such provision(s)are in con?ict with the public interest;or
(3)Compliance with such provision(s)are a practical impossibility
RECOMMENDATION:Commission to consider waiver WAIV25-0002.
ATTACHMENT(S):Waiver Hearing Procedures
Waiver Application
Community Development Board (CDB)minutes
Y MANAGER:
NoneBUDGET:
Agenda Item #10.B4.
27 May 2025
Page 144 of 154
Mfg;7*7%V W
CITY AtlanticBeach STATE FL ZIPCODE 32233 CELL#904-669-0138
SITE INFORMATION
APPLICANTINFORMATIO
N
NAME Morse Mitchel Henry
ADDRESS 170 Club Drive
LAND DEVELOPMENT REGULATIONS WAIVER
City of Atlantic Beach
Community Development Department
800 Seminole Road Atlantic Beach,FL32233
(P)904-247—5800
FORINTERNALOFFICEUSEONLY
PERMIT#W W ZS ~0
[:1 $300.00 Application Fee
**Please submit form in person
or to buildn -de t coab.us
BLOC
COMPREHENSIVEPLANFUTURELANDUSEDESIGNATION RESLD
REQUESTEDPROVISIONSFROMWHICHWAIVERIS SOUGHT
RE#170317-0000 LOT/PARCELSIZE 7700 SQ FT ZONINGCODE ABS-
SUBDIVISIONClub Manor LOT 2
PROVIDE ALL OF THE FOLLOWINGINFORMATION:
1 Proof of ownership (deed or certi?cate by lawyer or abstract company or title company that verifies record of
owner as above.
2.Survey and legal description of property.
3.Ifthe applicant is not the owner,provide a letter of authorization from the owner(s)for applicant to represent
the owner for all purposes related to this application.
4.Please submit a written request for the waiver stating the reasons for the waiver and the facts which support the
waiver
"In lieu of si ned,sworn and no rized signatures of the property owner,agent and/orcontractor,and under penalties of
perjury,|r t t I have'r xamined the foregoing application and that the facts stated in it are true and correct."mJTILW’DW/Q
PRINTOR PE NAMEOF APPLICANT DATEGNAEOFICAN
LANDDEVELOPMENTREGULATIONWAIVER11.19.2024
PHONE#386-385-3159
ADDRESS 170 Club Drive,Atlantic Beach,FL32233
EMAI
Agenda Item #10.B4.
27 May 2025
Page 145 of 154
Section 24-66 permits the City Commission to authorize limited Waivers,on a case—by—casebasis,from a specific
provision(s)of these Land Development Regulations when it is demonstrated that compliance with such provision
(s)would be unreasonable,in con?ict with the public interest,or a practical impossibility.A Waiver from these Land
Development Regulations may be approved only upon showing of good cause,and upon evidence that an alternative
to a speci?c provision(s)of this Chapter shall be provided,which conforms to the general intent and spirit of these Land
Development Regulations.In considering any request for a Waiver from these Land Development Regulations,the City
Commission may require conditions as appropriate to ensure that the intent of these Land Development Regulations is
enforced.A Waiver shall not modify any requirement or term customarily considered as a Variance or any requirement
or term prohibited as a Variance,and shall be considered only in cases where alternative administrative procedures are
not set forth within the City Code of Ordinances.
Statement of facts and any special reason(s)for the requested Waiver,which demonstrates compliance with Section
24-66 of the Zoning and Subdivision and Land Development Regulations and specifically describing how the request
complies with the Conditions necessary for the City Commission to approve this request.Please attach additional
pages if needed.
LDC Section 19-7 was interpreted to allow previous and semi-previous (pavers)material
to be located in the right-of-way with an Encroachment Agreement filed with the permit
application.It is understood that if the city needs to access any utility lines the pavers will
be removed and/or damaged at my cost.I believe the pavers add more beauty to the
neighborhood and do not cause any harm to my neighbors.
LANDDEVELOPMENTREGULATIONWAIVER77.19.2024
Agenda Item #10.B4.
27 May 2025
Page 146 of 154
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Agenda Item #10.B4.
27 May 2025
Page 147 of 154
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Agenda Item #10.B4.
27 May 2025
Page 148 of 154
Doc #2024097921,OR BK 21045 Page 1707,Number Peace:2,
Re??rded 05/07/202410:48 AM,JUDY PHILLIPS CLERK CIRCUIT COURT DUVAL COUNTY
RECORDING $18.50 DEED DOC 8T $26600.00
PreparedBy &Remm To:
Eric B.Blocker.Esq.
Rivar City Title,LLC
“5 12Lake MeadAvenue #606
Jacksonville.FL 32256
File Number:ROM-3189
Parcel ID:170317-0000
97403“q
a.General Warranty Deed*33300 cm
Made this 19th day of April,2024 AD.by Jonathan Mlchael Davis,a married man,of 825
Alhambra Drive North,Jacksonville,FL 32207,hereinaftercalledthe Grantor,to Caitlin Wilson Morse
and Mitchell Henry Morse,wife and husband,whose address is:15701Canterbury Street,Overlan
dPark,KS 66224,hereina?er called the Grantee:
(Whenever used herein the term “Grantor”and “Grantee“includeall the partiesto this instrument and the heirs,
legal representatives and assigns ofindividuals.and the successorsand assigns of corporations.)
Witnesseth,that the Grantor,lot and in considerationof the sum of Ten Dollars,($10.00)and
other valuable considerations,receipt whereofis hereby salinowledged,hereby grants,bargains,sells,
aliens,remises,releases.conveys and continue I'll-i0the ’5;nee.all that certain land situate in DUVAL
County,Florida.viz:
Lot 2,Club Manor,8 subdivisir a aeseremg in the plat thereof recorded in Plat
Book 25,Page 62,of the Public Records of Bani County,Florida.
Also commonly known as:170 Club Drive,Atlantic Beach,FL 32233
Said property is not the homesteadof the Grantor under the laws and Constitutionof the State of Florida
in that neither Grantor nor any members of the householdof Grantor reside thereon.
Together with all the tenements,hereditamentsand appurtenances thereto belonging or in
anywise appertaining.
To Have and to Hold,the same in fee simple forever.
And the Grantorhereby covenants with said Grantee that the Grantor is lawfully seized of said
landin fee simple;that the Grantor has good right and lawful authorityto sell and convey said land;that
theGrantor hereby fully warrants the title to saidland andwilldefendthe same against the lawfulclaim
sofallpersonswhomsoever;and that said land is ?es of all encumbrances except taxes for 2024 and
subsequent years.not yet due andpayable.
Grantor’stitle recordedon September28,2022 in the Of?cial Records of Duval County,Florid
aatBook20449,Page 241.
WARRANTYDEED
https:llmail.gnagle.comlmail/ul0l#inbox?oompose=CllgCKCJDtpleqgnVsCMFSfQKJGbJerRthwngvJSQxNWclRlprnghdecthkanNSFIq&pr...1/1
Morse 17DcIub Deed.ij1/16/25.10:56 A
Agenda Item #10.B4.
27 May 2025
Page 149 of 154
Morse -170 club -Deed_1.jpg
PreparedBy &Return To:
Eric B.Blocker,Esq.
River City Title,LLC
11512 Lake Mead Avenue #606
Jacksonville.FL 32256
File Number:RC-24-3189
Parcel lD:170317-0000
JBE‘Aq(c
a,General Warranty Deed
4‘3 300 COO
Made this 19th day of April,2024 AD.by Jonathan MichaelDavis,a married man,of 825
calledthe Grantor,to Caitlin Wilson Morse
Alhambra Drive North,Jacksonville,FL 32207,hereinafter
and Mitchell Henry Morse,wife and husband,whose address is:1570]Canterbury Street,Overlan
d
Park,KS 66224,hereina?er called the Grantee:
"Grantee"includeall the partiesto this instrument and the heirs,
assigns of corporations.)
Granwr.for and in considerationof the sum of Ten Dollars,(“0.00)and
acknowledged,hereby grants,bargains,sells,
all that certain land situate in DUVAL
(Whenever used herein the term "Greater"and
legal representativesand assigns of individuals,and the successorsand
Witnesseth,that the
other valuable considerations.receipt whereof is hereby
aliens,remises,releases,conveys and con?rmsunto the Grantee,
County,Florida,viz:
vision according to the plat thereof recorded in Plat
Lot 2,Club Manor,3 subdi
Book 25,Page 62,of the Public Records of Duval County,Florida.
Also commonly known as:170 Club Drive,AtlanticBeach,FL 32233
Grantor under the laws and Constitutionof the State of Florida
Said property is not the homesteadof the
f the householdof Grantor reside thereon.in that neitherGrantor nor any members 0
Together with all the tenements,hereditaments and appurtenances thereto belonging or in
anywise 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 seizedof said
land in fee simple;that the Grantor hasgood right and lawful authority to sell and convey said land;that
the Grantor hereby fully warrants the title to said land and will defendthe same against the lawful claims
of all persons whomsoever;and that said land is free of all encumbrancesexcept taxes for 2024 and
subsequent years,not yet due and payable.
at Book gi?gorgtgizlgicordedonSeptember28,2022 in theOf?cial Recordsof Duval County.Florida
https:/Imail.google.comlmall/ul0l#inbox?..1/1
WARRANTYDEED
1I16l25.10:57 AM
Agenda Item #10.B4.
27 May 2025
Page 150 of 154
STATE OF FLORIDA
COUNTYOF DUVAL
ed before me by mean;of (v?hysicalpresenceor ()online
The foregoing ins m was ac owl7igdayofH’2024,by JonathanMichaelDavis.
notarizationthis
1gna o ’ry Public
Print,ype/Str Name of Notary
Parsonally Known:OR ProducedIdenti?cation:
Type of Identi?cation
Produced:
In Witness Whereof.the said Granlor has signed and sealedthese presents effectivethe day
andyear ?rst written above.
Signed,sealed.and dclfvwvdin om'prmcnvp:
3:.-‘M
WITN (Sig ‘a'zEAbove)_il"Wim P?ntcd:EF-J¢.Dari /
Address:11512 Lake Mead Ave,Suite606
Jacksonville,Florida 32256
588 (Si 2mm:Above)
Witness Name Primed:8.3558;{C 03161315dress:11512 Lake Mea Ave,uite
Jacksonville,Florida 32256
W
JonathanMichaelDavis
EEKBROCKER
NotaryPublic-Sula o!Fluid-
CommlsskmINH51015
My(mum,Explf?NW6.201‘
https:llma||.gnogle.com/mallluI0/#inbox?compose=C|IgCKCJDlpleqgnVsCMFSfQKjGberZRqBtwngvJSQxNWclRlprnghdecthkan NSFIqapr...1/1
WARRANTYDEED
1/16/25I10:57 AM Morse -170 club -Deed_2.§pg
Agenda Item #10.B4.
27 May 2025
Page 151 of 154
CALL TO ORDER AND ROLL CALL
MINUTES
Community Development Board (CDB)Meeting
Tuesday,April 15,2025 -6:00 PM
City Hall,Commission Chamber
800 Seminole Road,Atlantic Beach,FL 32233
Kirk Hansen,Chair
Ellen Golombek,Vice Chair
Angela F arford,Member
Harold Gear,Member
Richard Arthur,Member
Jeff Haynie,Member
Absent:Jennifer Lagner,Member
Gregory (Greg)Beliles,Alternate Member
Also Present:Robert Graham,City Attorney (CA)
Abrielle Genest,Principal Planner
Valerie Jones,Recording Clerk
APPROVAL OF MINUTES
A.Approve minutes of the March 18,2025 regular meeting of the Community
Development Board.
The minutes were approved contingent upon Staff correcting the recorded vote for
UBEX25-0001 be corrected to re?ect Ms.Lagner as voting for approval and Ms.
Golombek as voting against approval.
OLD BUSINESS
There was no old business.
NEW BUSINESS
A.170 Club Drive WAIV25-0002 (Mitchel Henry Morse)
A request for a waiver from Section 19-1 to allow a parking pad in city right-of-way at
170 Club Drive.
STAFF REPORT:Planner Genest presented the information as explained in the staff
report.She also provided a PowerPoint presentation.Chair Hansen asked if there was
a time when staff was approving these parking pads in the right-of-way.Planner Genest
said staff hasn't been approving them for about 5 years.
APPLICANT REPORT:Mitch Morse introduced himself as the homeowner.He said
that after hearing the presentation it gave him some insight into the reasoning behind the
Community Development Board (CDB)
April 15,2025
Page 1 of 3
Present:
Agenda Item #10.B4.
27 May 2025
Page 152 of 154
City's stance on parking pads.Mr.Morse said if not approved,he will take any action
he has to.
PUBLIC COMMENT:Chair Hansen opened the ?oor to public comment.There were
no public comments.
BOARD DISCUSSION:Mr.Arthur said he thought it made sense to have cars out of
the road.He said he would like to see the City consider these parking pads instead of
just denying them across the entire city.Mr.Haynie said he didn't see the grounds for
approval.He said he was on the fence about this case.Ms.Farford said she was having
a hard time seeing a reason for approval.She didn't think parking off of the street was a
bad thing.Mr.Gear said they could be required to put in a public parking sign.Mr.
Arthur said the STOP committee discussed a recommendation to budget for additional
parking in the right-of—way.He said he could see parking pads working under certain
conditions and if the homeowner would attest to sign and acknowledge that they're going
to improve the right-of-way.
MOTION:To recommend DENIAL of WAIV25-0002 to the City Commission.
Motion:Jeff Haynie
Second:Ellen Golombek
Kirk Hansen For
Ellen Golombek (Seconded By)For
Angela Faljford For
Harold Gear Against
Rich ard Arthur Against
Je?Haynie (Moved By)For
Motion passed 4 to 2.
REPORTS
There were no reports.
PUBLIC COMMENT
Chair Hansen said he would like to talk about some old business that was brought up by Brinkley
Harrell.He said that he would like to see the trigger of 400 square foot addition to pervious
surface requiring site retention be removed if the total impervious ratio is under 45%.Chair
Hansen asked Planner Genest if Staff could come up with that language for discussion at the
next meeting.Planner Genest con?rmed what the Board was requesting.
The next topic was swimming pools being 100%pervious instead of the current 50%pervious.
The Board decided to delay that discussion.
Chair Hansen said he would like to discuss the quirk in the code regarding shared parking and
how a business’s on-site parking doesn't count toward total parking spaces.He asked Planner
Genest if Staff could come up with language that re?ects the fact that if a business can ?nd on-
Community Development Board (CDB)
April 15,2025
Page 2 of 3
Agenda Item #10.B4.
27 May 2025
Page 153 of 154
Amanda Askew Kirk Hansen,Chair
site parking that would count toward their parking requirements.There was further discussion
regarding parking issues in Atlantic Beach in general.
7.ADJOURNMENT
There being no further discussion,Chair Hansen declared the meeting adjourned at 6:30 pm.
Attest:
Community Development Board (CDB)
April 15,2025
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Agenda Item #10.B4.
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