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HomeMy WebLinkAbout7-13-26 Regular Commission Meeting Adopted MinutesMINUTES .5== Regular City Commission Meeting aS Monday, July 13, 2026 - 6:00 PM r, 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 6:00 PM. CC Bartle called the roll. ATTENDANCE: Present: Curtis Ford, Mayor - Seat 1 (At Large) Bruce Bole, Commissioner - Seat 2 (District 1308) Thomas Grant, Commissioner - Seat 3 (District 1307) Candace Kelly, Commissioner - Seat 4 (District 1306) Jessica Ring, Commissioner - Seat 5 (District 1312) Also Present: Kevin Hogencamp, City Manager (CM) Jason Gabriel, City Attorney (CA) Donna Bartle, City Clerk (CC) Ladayija Nichols, Deputy City Clerk (DCC) Amanda Askew, Neighborhoods Department Dir. (NDD) Chris Delk, City Arborist APPROVAL OF MINUTES 1A. Approve minutes of the Regular Commission Meeting held on June 22, 2026. The Commission approved the minutes as submitted. 1B. Approve minutes of the Budget Workshop held on June 29, 2026. The Commission approved the minutes as submitted. 2. COURTESY OF FLOOR TO VISITORS 2.A. FY25 Audit Report Presented by Purvis Gray Link to Audit Report Kevin Smith and Ron Whitesides of Purvis Gray presented the Fiscal Year 2025 audit report as detailed in the agenda packet and answered questions from the Commission. PUBLIC COMMENT The following speakers provided their comments: Regular City Commission July 13, 2026 Katherine Rowe Holly Waters submitted a letter (which is attached hereto and made part of this official record as Attachment A). Carolyn Zisser Ingrid McAuley Amy Franqui Mark Gabrynowicz Bruce Andrews Lisa Herrold Georgia Goldman Sarah Milo Dr. Nancy Staats Tom Melba 7-13-26 Attachment A 3. CITY MANAGER REPORTS 3.A. Accept the 90 -Day Calendar (July - September 2026) There was a CONSENSUS to accept the 90 -Day Calendar. 3.11. Building Department Monthly Activity Report CM Hogencamp reported on agenda items 3B - 3E as detailed in a handout (which is attached hereto and made part of this official record as Attachment B) and answered questions from the Commission. 7-13-26 Attachment B 3.C. FY 2026-27 Budget Strategy 3.D. Marsh Oaks Community Center Update 3.E. Other Reports 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS Commissioner Bole • Expressed appreciation to staff for their efforts in organizing the city's Centennial Celebration and commended the event's execution. Commissioner Kelly • Shared positive feedback on the planning and layout of the Centennial Celebration, noting that the event spaces were well positioned to help mitigate the summer heat. Commissioner Ring • Expressed appreciation for a recent Beaches Gazette article on Mayport Road and encouraged residents to read it for additional context on current traffic conditions. She also requested consideration of warnings, rather than citations, for drivers adjusting to the new traffic pattern. Regular City Commission July 13, 2026 • Regarding the Live Local Act, she thanked the City Attorney for preparing a resolution supporting a legislative amendment to allow coastal municipalities to opt out of the Act. • Discussed the proposed City Manager search protocol as detailed in the agenda, noting it is intended as a flexible guide. The City Attorney advised that adoption by resolution as a policy was more appropriate than a Code amendment. CM Hogencamp indicated that he would incorporate Commission feedback and return the item at the next meeting as a resolution for consideration. Commissioner Grant • Commended the organization of the Centennial Celebration and recognized CM Hogencamp for his contributions to the event's success. Mayor Ford • Expressed appreciation for the Centennial Celebration and read a proclamation from Jacksonville Mayor Donna Deegan recognizing July 11, 2026, as Atlantic Beach Centennial Celebration Day in Jacksonville (which is attached hereto and made part of this official record as Attachment Q. 4.A. Protocol for City Manager Search and Selection (Commissioner Ring) Discussed during Commissioner reports. 7-13-26 Attachment C 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6. CONSENT AGENDA 6.A. Approve Resolution No. 26-84. A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE AGREEMENT FOR THE DONNER ROAD LIFT STATION SERVICE AREA REPAIRS; AUTHORIZING THE CITY MANAGER TO EXECUTE PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 6.11. Approve Resolution No. 26-86. A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING THE DISASTER DEBRIS MONITORING CONTRACT TO DEBRIS TECH, LLC; 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. 6.C. Approve Resolution No. 26-88. A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING A CHANGE ORDER FOR THE PUBLIC UTILITIES WATER TREATMENT PLANT #2 UPGRADES PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE Regular City Commission July 13, 2026 l� 8. PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. MOTION: Approve Resolution No. 26-84, Approve Resolution No. 26-86, and Approve Resolution No. 26-88. Motion: Bruce Bole Second: Candace Kelly Curtis Ford For Bruce Bole (Moved By) For Thomas Grant For Candace Kelly (Seconded By) For Jessica Ring For Motion passed S to 0. COMMITTEE REPORTS None. ACTION ON RESOLUTIONS 8.A. RESOLUTION NO. 26-87 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ASSIGNING A TASK AUTHORIZATION TO HANSON PROFESSIONAL SERVICES FOR THE DESIGN OF THE SANDPIPER LANE SIDEWALK IMPROVEMENTS 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.) 26-87. Motion: Bruce Bole Second. Candace Kelly Curtis Ford For Bruce Bole (Moved By) For Thomas Grant For Candace Kelly (Seconded By) For Jessica Ring For Motion passed S to 0. S.B. RESOLUTION NO. 26-91 Regular City Commission July 13, 2026 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE RENEWAL OF AN EMAIL SECURITY AND COMPLIANCE SERVICE, BACKUP SERVER APPLIANCE SUBSCRIPTIONS, AND A WEB SECURITY GATEWAY SUBSCRIPTION THROUGH NH&A AT A TOTAL PRICE OF $36,496.10 WITH FUNDS ALLOCATED IN THE FISCAL YEAR 2025-26 BUDGET (ACCOUNT NO. 001 1011 516 46 00); AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. MOTION: Approve Resolution (No.) 26-91. Motion: Bruce Bole Second: Candace Kelly Curtis Ford For Bruce Bole (Moved By) For Thomas Grant For Candace Kelly (Seconded By) For Jessica Ring For Motion passed S to 0. 8.C. RESOLUTION NO. 26-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, EXPRESSING SUPPORT FOR A LEGISLATIVE AMENDMENT TO SECTION 166.04151, FLORIDA STATUTES (THE "LIVE LOCAL ACT"), TO PROVIDE A NARROWLY TAILORED OPT -OUT PROVISION FOR SMALL, GEOGRAPHICALLY CONSTRAINED COASTAL BARRIER ISLAND MUNICIPALITIES; AUTHORIZING THE MAYOR TO EXECUTE AND TRANSMIT A. LETTER OF SUPPORT TO STATE REPRESENTATIVE KIYAN MICHAEL; DIRECTING TRANSMITTAL; AND PROVIDING AN EFFECTIVE DATE. CA Gabriel distributed and explained an amended version with red -lined changes (which is attached hereto and made part of this official record as Attachment D). 7-13-26 Attachment D MOTION: Approve Resolution No. 26-92 as amended. Motion: Jessica Ring Second. Thomas Grant Discussion ensued. Regular City Commission July 13, 2026 Curtis Ford For Bruce Bole For Thomas Grant (Seconded By) For Candace Kelly For Jessica Ring (Moved By) For Motion passed 5 to 0. 9. ACTION ON ORDINANCES 9.A. ORDINANCE NO. 95-26-128, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, AMENDING CHAPTER 23, PROTECTION OF TREES AND NATIVE VEGETATION, OF THE CODE OF ORDINANCES; AMENDING ARTICLE II, LANGUAGE AND DEFINITIONS, SECTION 23-8, DEFINITIONS, TO ADD A DEFINITION FOR LANDMARK TREE; AMENDING ARTICLE IV, DIVISION 5, AREAS OF SPECIAL CONCERN, TO CREATE SECTION 23-42, LANDMARK TREES, ESTABLISHING REGULATIONS, PRESERVATION STANDARDS, REMOVAL CRITERIA, RELOCATION REQUIREMENTS, AND MITIGATION REQUIREMENTS FOR LANDMARK TREES; PROVIDING FOR FINDINGS OF FACT, CODIFICATION, APPLICABILITY, CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. NDD Askew presented examples comparing how properties would be evaluated under the existing code and the proposed ordinance (which is attached hereto and made part of this official record as Attachment E). She and City Arborist Delk answered questions from the Commission. Staff was directed to further research the cost and feasibility of tree relocation, including municipal examples and contractor estimates, and return with a report. Staff was also directed to address remaining gaps in the ordinance. The Public Hearing was opened. The following speakers provided their comments: E.K. Cottrell Katherine Rowe Holly Waters Sarah Boren Mark Gabrynowicz Carolyn Zisser Brinkley Harrell Amy Palmer Ellen Glasser The following individuals chose not to speak but submitted comment cards: Steve Piscitelli Regular City Commission July 13, 2026 Peggy Grant Lynda Taylor Charlie Murray Gretchen Deters -Murray James Waters Katherine McCawley Sarah McCawley Pete McCawley Maria Cuesta Ellen Golombek Emily McCarthy Marisa Carbone Discussion ensued. 7-13-26 Attachment E MOTION: Approve Ordinance No. 95-26-128 amending this to include the recommendation within the staff report for mitigation ratio and doubling the mitigation fee for trees within the setback, including an amendment to the sentence (in Section 23-42) final approval for removal must be granted by the Community Development Board (CDB) with appeals to the City Commission and removal of the sentence (that states) removal may be approved by the CDB. Motion: Jessica Ring Second. Bruce Bole Discussion ensued. Curtis Ford For Bruce Bole (Seconded B)) For Thomas Grant For Candace Kelly For Jessica Ring (Moved By) For Motion passed 5 to 0. The meeting recessed at 8:33 PM and reconvened at 8:39 PM. 9.11. ORDINANCE NO. 5-26-75, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, AMENDING CHAPTER 2, ARTICLE IX, CITY FEES; AMENDING DIVISION 2, BUILDING CODE FEES, INCLUDING SECTION 2-500, SCHEDULE OF BUILDING PERMIT FEES; SECTION 2-501, SCHEDULE OF ELECTRICAL PERMIT FEES; SECTION 2-502, SCHEDULE OF PLUMBING PERMIT FEES; AND SECTION 2-503, SCHEDULE OF MECHANICAL AND GAS PERMIT FEES; AMENDING DIVISION 3, FIRE DEPARTMENT FEES, INCLUDING SECTION 2-510; CREATING A NEW DIVISION 4, PUBLIC Regular City Commission July 13, 2026 WORKS FEES, INCLUDING SECTION 2-520, SCHEDULE OF PUBLIC WORKS PERMIT FEES; CREATING A NEW DIVISION 5, ZONING FEES, INCLUDING SECTION 2-530; PROVIDING FOR FINDINGS OF FACT, CODIFICATION, APPLICABILITY, CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. MOTION. Approve Ordinance (No.) 5-26-75. Motion: Bruce Bole Second. Thomas Grant Curtis Ford For Bruce Bole (Moved By) For Thomas Grant (Seconded By) For Candace Kelly For Jessica Ring For Motion passed S to 0. The public hearing was opened, there were no speakers, and the public hearing was closed. 9.C. ORDINANCE NO. 5-26-76, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, AMENDING CHAPTER 2, ARTICLE IX, CITY FEES, BY CREATING A NEW DIVISION 6, PARKS AND RECREATION FACILITY FEES, FOR THE PURPOSE OF CONSOLIDATING CITY FEES INTO A SINGLE CHAPTER OF THE CODE; AMENDING CHAPTER 5, BEACHES, PARKS, AND RECREATION, SECTION 5-32, USER FEES FOR PARKS AND RECREATION FACILITIES, TO REMOVE THE EXISTING FEE SCHEDULE, AND REFERENCE THE NEW FEE LOCATION IN CHAPTER 2; PROVIDING FOR FINDINGS OF FACT, CODIFICATION, APPLICABILITY, CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. The public hearing was opened, there were no speakers, and the public hearing was closed. MOTION. Approve Ordinance No. 5-26-76. Motion: Bruce Bole Second. Candace Kelly Discussion ensued. Curtis Ford For Bruce Bole (Moved By) For Thomas Grant For Regular City Commission July 13, 2026 Candace Kelly (Seconded By) For Jessica Ring For Motion passed S to 0. 10. MISCELLANEOUS BUSINESS 10.A. Public Hearing - APP26-0002 - Appeal of of an administrative decision at 970 Jasmine Street. Appealing the City's interpretation of Section 24-151 regarding mechanical equipment and the requirement that such equipment be located a minimum of five (5) feet from any property line adjacent to a residential use. 10.11. City Attorney Procedural Reminders CA Gabriel explained the procedures as detailed in the agenda packet. 10.C. Disclosure of Ex Parte Communications, if any No disclosures were reported by the Commission. Commissioner Ring disclosed that the subject property at 970 Jasmine Street is adjacent to her property. After consulting with the CA and the NDD Askew, it was confirmed that the properties are separated by the Begonia Street public right-of-way. 10.1). Swearing in of all persons who will speak None. 10.E. City Staff Overview NDD Askew presented as detailed in a slideshow (which is attached hereto and made part of this official record as Attachment G) 7-13-26 Attachment G 10.F. Applicant Presentation None. 10.G. Public Comments None. 10.H. Closing Comments/Rebuttal None. 10.1. Commission Deliberation and Action MOTION. Deny Appeal 26-0002. Motion: Bruce Bole Second: Jessica Ring Regular City Commission July 13, 2026 11. 12. Public comment was opened, there were no speakers and public comment was closed. Curtis Ford For Bruce Bole (Moved By) For Thomas Grant For Candace Kelly For Jessica Ring (Seconded By) For Motion passed S to 0. 10J. Consider cancellation of the July 27, 2026 Regular Meeting CM Hogencamp presented as detailed in the agenda packet. He indicated that the cancelation will be followed by a formal proposal to establish a single regular Commission meeting each July, consistent with the December schedule, and to consider adjusting the Town Hall schedule to three meetings per year. MOTION: Recommend that the Commission Cancel the July 27, 2026 Commission Meeting. Motion: Bruce Bole Second: Thomas Grant Curtis Ford For Bruce Bole (Moved By) For Thomas Grant (Seconded By) For Candace Kelly For Jessica Ring For Motion passed 5 to 0. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS None. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Bole • Recognized the adoption of Ordinance No. 95-26-128 and encouraged staff to identify and address any remaining gaps. Commissioner Grant • Expressed agreement with Commissioner Bole's comments. Commissioner Ring • Reminded the Commission and the public of the Town Hall meeting scheduled for Saturday, July 18, 2026. CM Hogencamp Regular City Commission July 13, 2026 • Noted the upcoming Town Hall meeting to engage more community feedback. Mayor Ford • Emphasized monitoring the implementation of the newly adopted tree ordinance, particularly its impact on application processing times, and requested that the Commission be informed if significant delays occur. 13. ADJOURNMENT The meeting adjourned at 8:59 PM. Attest: Donna L. Bartle, City Clerk Date Approved: 5110 Z 0 Z 6 Curtis Ford, May Regular City Commission July 13, 2026 Attachment A to 7-13-26 Minutes Valerie Pickett 351 4th St Atlantic Beach, Florida; 32233 Pickettisp@gmail.com July 9, 2025 City Commission City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 7/ /31,Z4, A;aIly ww �erS Subject: Preserving the Heart of Atlantic Beach: A Shared Effort to Protect Our Tree Canopy Dear Mayor and Members of the City Commission, I am writing to you today out of a deep love for our community and a desire to preserve the unique, inclusive character that makes Atlantic Beach such a special place for everyone. Our maritime forest and mature trees are central to our quality of life, our neighborhood charm, and our environmental resilience. However, watching the steady loss of our historic trees to recent residential development has raised some gentle but urgent concerns that I hope we can address together. The Atlantic Beach Environmental Stewardship Committee (ESC) recently shared data that helps illustrate why our current protections may need to be reconsidered: • A Gap in Replacement: In 2025, 4,436 inches of tree diameter were removed under city permits, but only 1,839 inches were replanted. We are currently replacing less than half of the mature canopy we lose. • The True Value of a Tree: Right now, the average mitigation cost is about $3,100 per permit, which breaks down to roughly $810 per tree. When a beautiful, mature tree is valued environmentally between $5,000 and $30,000, a small fee doesn't provide enough encouragement for a builder to design around it, especially on high-end properties. • A Concerning Winter Trend: Over just a three-month period (December through February), 73 trees were permitted for removal, while zero trees were replanted on-site, resulting in $133,000 paid into the tree fund instead. • Tiny Substitutions: While planting new trees is wonderful, replacing a century - old tree with a small 3 -inch sapling means it will take decades to restore the shade and wildlife habitat we lost, and some of those young trees struggle to survive. These numbers reflect real changes happening right outside our front doors. On 4th Street, where we once enjoyed a full, beautiful canopy, the landscape is shifting quickly as our impervious surface areas grow: 358 4th Street: A newly built home recently cleared all the trees on the lot. including legacy hardwoods. 350 4th Street: This neighboring property just sold. It is home to three magnificent, 100 -plus -year-old hardwoods that are now vulnerable. The resident Attachment A to 7-13-26 Minutes owls that nest here and use these flight paths will soon have to look for a new home. Accidental Losses: We have felt these losses personally. On our property line, we lost three trees over a century old because a builder failed to tell their excavator about a prior agreement to use a bridge footer, and the roots were completely severed. Around the same time, a neighbor behind us on 5th Street built a pool, which inadvertently destroyed the root system of a mature tree sitting catty -corner on our lot. Additionally, residents have noticed a troubling loophole regarding tree health assessments. It appears too easy for a private arborist hired by a developer to declare a healthy, mature tree "diseased" or "dying" simply to clear the path for construction. To protect our remaining trees from unwarranted removals, we need a neutral, independent verification system using the City Arborist. Our tree canopy belongs to the whole community, and its preservation depends directly on our city policies and regulations. To help balance growth with the preservation of our natural environment, I respectfully ask the Commission to consider a few thoughtful updates: 1 Adjust Mitigation Fees and Fines: Please consider raising these fees so they more accurately reflect the true worth of a mature tree, encouraging developers to build with nature rather than clearing it. Strengthen On -Site Protection Requirements: Ensure builders and subcontractors are held accountable for keeping root zones safe during construction, protecting trees that neighbors have agreed to save. Re-evaluate Lot Setbacks: When the timing is right, I hope we can look at our building footprints and setbacks to lower impervious surface ratios, ensuring our homes fit into our landscape rather than replacing it. Our tree canopy belongs to the whole community, and its preservation depends directly on the choices we make today. By closing private arborist loopholes, aligning mitigation fees with the true value of mature trees, and revisiting lot setbacks, we can ensure that Atlantic Beach remains a vibrant, canopy -rich home for everyone. Thank you for your time, your dedication to our town, and your thoughtful consideration of these updates to protect our shared future. Thank you so much for your time, to keep Atlantic Beach a beautiful, Sincerely, Valerie Pickett 351 4th Street Atlantic Beach, FI 904-3$6_15$7 your dedication to our town, and your ongoing efforts canopy -rich home for generations to come. Attachment B to 7-13-26 Minutes CITY OF ATLANTIC BEACH OFFICE OF THE CITY MANAGER 800 Seminole Road Atlantic Beach, Florida 32233 (904) 247-5817 City Manager's Community Update Date: July 13, 2026 To: The Atlantic Beach Community and City Commission From: Kevin Hogencamp, City Manager/khogencampPcoab.us ptLANij� o eF CENTENNIAL Ert.1925 This report provides an update on primary administrative and community -focused initiatives under way at City Hall. Our office remains focused on maintaining momentum across key programming, infrastructure, environmental, and intergovernmental projects. City Manager's Community Updates, including related links, are available on the City's website and across official digital channels. Key Community Updates Building and Finance Reports: The Building Department Monthly Activity Report is published in the City Commission agenda packet on the second Monday of each month. Beginning in August 2026, the Monthly Finance Report will also be published in the packet on the second Monday of each month. Marsh Oaks Community Center and Town Hall Meeting: While the town hall meeting on July 18 is open to dialogue on any topic, staff will actively seek community input regarding parks master planning and specific programming opportunities for the Marsh Oaks Community Center. The town hall begins at 10 a.m. at the Gail Baker Community Center. FY 2026-27 Budget Strategy and Budget Workshops: Staff has published the budget document reviewed by the Commission at its June 22 meeting and is preparing for the second budget workshop on July 20. The upcoming workshop will feature an overview of staff's proposed spending plan, alongside presentations from the Police Department and Public Utilities Department. These sessions precede the Commission's formal adoption of the budget and millage rate in September. Public input is welcome throughout the budget process, and each workshop begins at 6 p.m. Centennial / America 250 Celebration: Our Neighborhoods staff planned and executed a stellar event with significant assistance from Police Department staff, community volunteers, and Arts, Recreation and Culture Committee members Josue Cruz, Curtis Winter, and Ingrid McCawley. Also lending a major helping hand were community members Lenny Jevic and Julie Hammond, local Scout Troop 37, the Beaches Honor Guard, and additional city staff. Capt. Mike Trumbull, Attachment B to 7-13-26 Minutes commanding officer of Naval Station Mayport, delivered an excellent keynote speech. On the Calendar • Arts, Recreation, and Culture Grants: The application window for FY 2026-27 municipal funding to support programs benefiting Atlantic Beach residents is open through July 27. CITY OF ATLANTIC BEACH Mission The place to be -- through exceptional public services. 2040 Vision In Atlantic Beach, we have a strong sense of belonging and safety. Our citizens and government care deeply about community character, and we 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 Commission Priorities In 2018, the Atlantic Beach City Commission began undertaking an annual exercise that establishes priorities for citygovernment. This endeavor is facilitated by Atlantic Beach resident Linda Lanier, who volunteers her services. 2 Attachment ^ `^ 7-13-26 Minu PROCLAMATION A N EW DAY. WHEREAS: In 2026, Atlantic Beach proudly celebrates the centennial of its incorporation, commemorating a century of community, resilience, and coastal heritage; and WHEREAS: From its early beginnings as a seaside destination to the vibrant community it is today, Atlantic Beach has preserved its distinctive coastal character while embracing thoughtful growth, fostering vibrant neighborhoods, and creating a welcoming place where neighbors, families, and visitors from all walks of life gather to enjoy its beautiful beaches, scenic parks, locally owned shops and restaurants, and exceptional quality of life; and WHEREAS: For 100 years, Atlantic Beach has helped shape the identity of the First Coast through its rich coastal heritage, thriving local business community, its commitment to environmental stewardship, and enduring contributions to the cultural, recreational, and economic vitality of Duval County; and WHEREAS: This centennial celebration provides an opportunity to recognize the generations of residents, civic leaders, businesses, and volunteers whose dedication has strengthened the community, preserved its distinctive character, and built the strong sense of connection and belonging that defines Atlantic Beach; and WHEREAS: Together, we celebrate Atlantic Beach's remarkable first century, honor the strong partnership with the City of Jacksonville, and reaffirm a shared commitment to preserving the unique character and enduring vitality of the First Coast for generations to come. NOW, THEREFORE, I, Donna Deegan, by virtue of the authority vested in me as Mayor of Jacksonville, Florida, do hereby proclaim July 11, 2026, as ATLANTIC BEACH CENTENNIAL CELEBRATION DAY in Jacksonville and encourage all residents to join me in recognizing this historic milestone, celebrating Atlantic. Beach's first century of community, coastal heritage, and enduring spirit, and wishing its residents continued success and prosperity for generations to come. IN WITNESS THEREOF, this 11"' day of July in the year Two Thousand and Twenty -Six. CITY OF JACKSONVILLE, FLORIDA MAYOR Attachment D to T-13-26 Minutes RESOLUTION NO. 26 -XX A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, EXPRESSING SUPPORT FOR A LEGISLATIVE AMENDMENT TO SECTION 166.04151, FLORIDA STATUTES (THE "LIVE LOCAL ACT"), TO PROVIDE A NARROWLY TAILORED OPT -OUT PROVISION FOR SMALL, GEOGRAPHICALLY CONSTRAINED COASTAL BARRIER ISLAND MUNICIPALITIES; AUTHORIZING THE MAYOR TO EXECUTE AND TRANSMIT A LETTER OF SUPPORT TO STATE REPRESENTATIVE KIYAN MICHAEL; DIRECTING TRANSMITTAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida enacted Section 166.0415 1, Florida Statutes, commonly known as the "Live Local Act," to increase the supply of affordable housing throughout the state, an objective the City of Atlantic Beach (the "City") shares and supports; and WHEREAS, Section 166.04151(7), Florida Statutes, requires municipalities to authorize multifamily and mixed-use residential development as allowable uses in any area zoned for commercial, industrial, or mixed use for qualifying affordable housing developments, and preempts local regulation of the density, height, and floor area ratio of such developments notwithstanding the municipality's land development regulations and comprehensive plan; and WHEREAS, the City is a small coastal community located >n 5W EphlgDelet * on a c*WAI barrio iataed, as (bat tam is defied landmass fronting the Atlantic Ocean and separated from the mainland by the Atlantic Intracoastal n saaiao t61.053(I)X(bd3., Florida stadeea, Waterway, which functions geologically, ecologically, and practically as a coastal barrier island. Wrticularly _Kith resrxxt to _ hurricane . evacuation_ and emery access. encompassing approximately three and one-half square miles of land area and having a population of fewer than fifteen thousand residents; and WHEREAS. the definition of "coastal barrier islands" in Section 161.0530 kb)3.. Florida Statutes, excludes mainland areas separated from the mainland by artificial channelization for the pu_!M of assisting marine commerce, and the eligibility criteria for the proposed amendment should therefore be drafted to encompass coastal communities, such as Atlantic Beach, whose landmass was spa from_thc mainland by the dredging of the Intracoastal Waterwgy: and WHEREAS, the mandatory preemption of the City's limited commercial zones presents distinct implementation challenges for highly specialized, geographically constrained coastal environments such as Atlantic Beach, permanently reducing the scarce commercial acreage necessary to support local retail, neighborhood services, and the municipal tax base; and WHEREAS, small coastal barrier island communities lack the infrastructure capacity, hurricane evacuation efficiency, and emergency shelter space necessary to safely accommodate the substantial increases in population density contemplated by the Act's broad statewide framework; and WHEREAS, the unique architectural character, historic charm, and sensitive coastal ecology of Florida's smallest beach towns serve as irreplaceable economic drivers for regional Attachment D to 7-13-26 Minutes tourism and are fundamentally incompatible with high-density, urban -scale residential development; and WHEREAS, the City Council of the neighboring City of Neptune Beach has authorized its Mayor to transmit a letter to State Representative Kiyan Michael requesting sponsorship of a targeted amendment to the Live Local Act, and the City desires to join in and support that request; and WHEREAS, a targeted opt -out provision limited to municipalities that are located on a coastal barrier island or on a coastal landmass scoarated from the mainland by the Intracoastal Waterway, encompass less than tat (10) square miles of land area, and have a population of fewer than twenty-five thousand (25,000) residents would narrowly protect Florida's most vulnerable beach communities without undermining the broader statewide housing goals of the Live Local Act. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Atlantic Beach, Florida, as follows: SECTION 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference. SECTION 2. Expression of Support. The City Commission hereby expresses its formal support for a targeted legislative amendment to Section 166.0415 1, Florida Statutes, substantially in the form attached hereto as Exhibit A, allowing a municipality to opt out of the Live Local Act's density and zoning preemption provisions by resolution or ordinance if the municipality: (a) is located on a coastal barrier island as defined in Section 161.053(l)(b)3., Florida Statut or on a {Delete&: coastal landmass frontin- tkcan. the Gulf of America, or the Straits of Florida which is separated from the mainland by the Intracoastal Watemay, regardless of whether such separation resulted from artificial channelization: (b) encompasses less than ten (10) square miles of land area; and (c) has a population of fewer than twenty-five thousand (25,000) residents. SECTION 3. Authorization. The City Commission hereby authorizes the Mayor to execute and transmit to State Representative Kiyan Michael a letter of support requesting sponsorship of the proposed amendment, substantially in the form attached hereto as Exhibit B, together with such non -substantive revisions as may be approved by the Mayor upon the advice of the City Attorney. SECTION 4. Transmittal. The City Clerk is hereby directed to transmit a certified copy of this Resolution to State Representative Kiyan Michael, the members of the Duval County Legislative Delegation, the City of Neptune Beach, and the Florida League of Cities. SECTION 5. Effective Date. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach. Florida. this day of _ , 2026. M Attachment D to '07-13-26 Minutes CITY OF ATLANTIC BEACH, FLORIDA Curtis Ford, Mayor ATTEST: Donna L. Bartle, City Clerk Approved as to form and correctness: Jason Gabriel, City Attorney Attachment D to 7-13-26 Minutes COAB LETTERHEAD July 2, 2026 Representative Kiyan Michael Florida House of Representatives 421 Third Street North Jacksonville Beach, Florida 32250-7028 Dear Representative Michael: I am writing on behalf of the City of Atlantic Beach to express our City's support for, and to join the City of Neptune Beach in respectfully requesting your sponsorship of, legislation amending Section 166.04151, Florida Statutes, commonly known as the Live Local Act, to provide a narrowly tailored exemption for Florida's smallest and most geographically constrained coastal municipalities. The State's efforts to increase housing opportunities and address affordability challenges are commendable. However, the current language of the Live Local Act presents distinct implementation challenges for certain highly specialized coastal environments whose unique geographic, economic, and infrastructural conditions were not contemplated by the Act's broad statewide framework. As currently written, the Act requires municipalities to permit high-density multifamily residential development within qualifying commercial and mixed-use districts. For small coastal barrier island communities, where developable land is extraordinarily limited, this mandatory preemption has the unintended consequence of permanently reducing the scarce commercial acreage necessary to support local businesses, neighborhood services, and municipal revenues. Once converted to residential use, these commercial properties are unlikely to return to productive commercial activity, thereby diminishing the local tax base and forcing residents to travel off -island for basic goods and services that have historically been available within their communities. Of arguably even greater concern is the Act's impact on safety, particularly in relation to extreme weather events such as hurricanes. Small barrier islands simply do not have the infrastructure to withstand the sort of increase in population density the Act anticipates when it comes to this category of safety risks, which includes Flooding, debris, hurricane evacuation efficiency, and sufficient shelter space. Moreover, Florida's smallest beach towns possess a unique architectural character, historic charm, and sensitive coastal ecology that serve as irreplaceable economic engines for regional tourism. These communities were established and have evolved at a scale fundamentally different from Florida's urban centers. The high-density residential development authorized under the current Act is often incompatible with the infrastructure capacity, evacuation constraints, environmental sensitivities, and community character that define these municipalities. The resulting development pressures threaten not only local quality of life but also the tourism assets that contribute significantly to Florida's broader economy. 800 Seminole. Road • Atlantic Beach. Florida 32233 (9041247-5800 Attachment D to 7-13-26 Minutes To address these concerns while preserving the overarching goals of the Live Local Act, we respectfully request consideration of a targeted amendment allowing a municipality to opt out of the Act's density and zoning preemption provisions if it meets all of the following criteria: 1. The municipality is located on a coastal barrier island as defined by Section 161.053(1)(b)3. Florida Statutes, or on a coastal landmass fronting the Atlantic Ocean or the Gulf which. is separated frvm the mainland by t Intracoastal Waterway. including where such separation resulted from artificial channel iration; and 2. The municipality encompasses less than ten (10) square miles of land area; and 3. The municipality has a population of fewer than twenty-five thousand (25,000) residents. The City of Atlantic Beach, p coastal Wrilmunity situated on San Pahlo Island and separated from aconw tamer islod comumity the mainland by the Intracoastal Waterway, consisting of approximately three and one-half square miles and fewer than fifteen thousand residents, is precisely the type of small, geographically constrained municipality this amendment is intended to address. This proposed exemption would be carefully limited to a small number of uniquely situated municipalities and would not materially impair the State's broader efforts to increase housing supply. Rather, it would recognize that Florida's most vulnerable coastal communities face circumstances that differ substantially from those of larger inland and metropolitan jurisdictions and therefore warrant narrowly crafted legislative accommodation. We would welcome the opportunity to discuss this proposal further and to work with you on language that balances the State's housing objectives with the preservation of Florida's distinctive coastal communities. Thank you for your consideration of this important matter and for your continued service to the residents of Northeast Florida. Sincerely, Curtis Ford Mayor City of Atlantic Beach cc: Atlantic Beach City Commission Mr. Kevin Hogencamp, City Manager Mr. Jason Gabriel, City Attorney Attachment D to 7-13-26 Minutes ATTACHMENT A (REVISED) Suggested Amendment to Section 166.04151, Florida Statutes The following language is suggested for amendment of Section 166.04151, Florida Statutes. Proposed new language is underlined; existing statutory text is shown for placement only. 166.04151 Affordable housing.— (7) [... I (p) This subsection expires October 1, 2033. (q)1. Notwithstanding any other provision of this subsection, a municipality may elect, by resolution or ordinance adopted by its governing body, to be exempt from the requirements of this subsection if the municipality: a. Is located entirely on a coastal barrier island as defined in s. 161.053(1)(b)3., or entirely on a coastal landmass fronting the Atlantic Ocean, the Gulf of America, or the Straits of Florida which is separated from the mainland by the waters of the Intracoastal Waterway, regardless of whether such separation resulted from artificial channelization; b. Has a land area of less than 10 square miles, and c. Has a population of fewer than 25,000 residents according to the most recent decennial census conducted by the United States Census Bureau. 2. An election made under this paragraph applies to any application for development authorized under this subsection which is submitted on or after the effective date of the resolution or ordinance making the election. Attachment E to 7-13-26 Minutes Tree Code Comparison • Please note that these examples use the mitigation ratio applicable to new construction projects. • The required mitigation may vary based on project -specific factors, including but not limited to arborist evaluations, tree health and condition, species, size, the number of trees preserved or removed, and other applicable regulatory considerations. • These examples are provided for illustrative purposes only and should not be interpreted as final mitigation requirements for any specific project. • Any modifications to the underlying code, assumptions, calculation methodology, or applicable regulations may change the findings and results presented in these examples. • Final mitigation requirements should be determined based on the complete pro J.ect information and the applicable codes, ordinances, and agency review at the time of evaluation. 07.09.26 Attachment E to 7-13-26 Mlnutes 1 12" DBH Cabbage Palm REAR YARD (SETBACK) SIDE YARD (SETBACK) FRONT YARD ,SETBACK) LOT LS+IES BUILDABLE AREA — I � L . 1 I � I � . . . . . . . . FRONT LOT LINE — y STREET R.O.W. REQUIRED 30" DBH Live Oak BUILDING AREA OR FOOTPRINT BUILDING LINE 10" DBH Maple EXAMPLE: Existing code New Construction: Removed 12" Palm = 30" Live Oak = 10" Maple= Mitigation Owed 18" 60" 15" 93" TOTAL sTREET T ( Timeframe: 10 day review by staff (includes review by tree subcommittee) Attachment E to 7-13-26 Minutes 1 12" DBH Cabbage Palm LOT UMS REAR YARD BUILDABLE (SETBACK) (( AREA 1 I N v SIDE YARD-!� 1 (SETBACK)! I i i � I . --_i I.. _ . _ . _. FRONT YARD ;SETBACK) STREET I FRONT LOT LINE STREET R.O.W. I EXAMPLE: Ord. No. 95-26-128 New Construction: REQUIRED Removed Mitigation Owed YARD 30" DBH Live Oak 12" Palm = 18" BUILDING AREA 30" Live Oak = Requires CDB & Comm. approval— could be required ' OR FOOTPRINT to relocate or mitigate. Mitigation rate TBD by Commission. 10" Maple= 15" BUILDING LINE 1 10" DBH Maple Timeframe: 2-3 months review/approval because 30" DBH live oak requires CDB and Commission Approval*. *Must demonstrate that removal is unavoidable Attachment E to 7-13-26 Minutes 1 12" DBH Cabbage Palm LOT LINES REAR YARD lip BUILDABLE (SETBACK) ! AREA 1 i I � SIDE YARD - N v I % Y (SETBACK) I FRONT YARD I ;SETBACK) I FRONT LOT LINE STREET R.O.W. STREET REQUIRED --YARD - 30" DBH Live Oak BUILDING AREA OR FOOTPRINT BUILDING LINE — 10" DBH Maple EXAMPLE: Setbacks and building footprint^ New Construction: 12" Palm = not permitted to be removed because it is in the setback 10" Maple = not permitted to be removed because it is in the setback 30" Live Oak = Requires CDB & Comm. approval— could be required to relocate or mitigate. However, would be given a 50% reduction in required mitigation. Timeframe: 2-3 months review/approval because 30" DBH live oak requires CDB and Commission Approval*. *Must demonstrate that removal is unavoidable ^assumed Ord. No. 95-26-128 passed as presented on 1 St read Attachment E to 7-13-26 Minutes 12" DBH Cabbage Palm LOT LINES — — —� REAR 1 YARD !10 BUILDABLE (SETBACK) ! e ; AREA 1 I � h• , r SIDE YARD - (SETBACK)I I I i c I FRONT YARD I ;SETBACK) I FRONT LOT LIN STREET R.O.W. STREET I CABBAGE PALMSA New Construction: REQUIRED Removed Mitigation Owed =-YARDL 30" DBH Live Oak 12" Palm = none BUILDING AREA30" Live Oak = Requires CDB & Comm. approval— could be required OR FOOTPRINT to relocate or mitigate. Mitigation TBD by Commission. 10" Maple= 15" BUILDING LINE 1 10" DBH Maple Timeframe: 2-3 months review/approval because 30" DBH Live oak requires CDB and Commission Approval*. *Must demonstrate that removal is unavoidable assumed Ord. No. 95-26-128 passed as presented on 1St read Attachment G to 7-13-26 Minutes APP26mOOO2 970 Jasmine Street Request to appeal the administrative interpretation of Section 24-151 of the Land Development Regulations regarding the classification of an electrical meter and breaker panel mounted on a permanent utility pedestal as mechanical equipment subject to the required five-foot side yard setback. The purpose of this appeal is for the City Commission to determine whether the staff interpretation of Section 24-151 is consistent with the intent and language of the Land Development Regulations and whether the administrative decision should be affirmed or reversed. Attachment G to 7-13-26 Minutes %t k)02 011 15 0 I, I 89071 933 O 0 11OW3 6100 ;,. 9510 M, i Pursuant to Section 24-46 of the Land Development Regulations, the rrC City Commission is responsible for hearing and deciding appeals of administrative decisions made by 923 the Planning and Community Development Director. 425 910 3 I w West 96st t 4 k w The applicant, Cody Dubin, is F appealing the City's interpretation pp g Y p of Section 24-151(k) regarding mechanical equipment setback requirements. Attachment to Background 7-13-26 Minutes The applicant is requesting approval to allow an exterior electrical meter and breaker panel to remain approximately one (1) foot from the north property line at 970 Jasmine Street (RE# 170973 6100), within the required five-foot setback for mechanical equipment. Attachment G to 7-13-26 Minutes Background The electrical meter and breaker panel were installed to support an irrigation system utilizing an on-site well and water pump required for tree mitigation. The applicant received electrical service approval from JEA; however, the location of the equipment was not shown on the approved building plans and there is no documentation indicating City approval of the location. Attachment G to 7-13-26 Minutes Background I- Although both current and former City staff visited the property during various stages of development, there is no written documentation demonstrating that the location of the electrical equipment was evaluated for zoning compliance or formally approved. Not shown on approved plans Attachment G to 7-13-26 Minutes Background "I Staff determined that the electrical meter and breaker panel constitute mechanical equipment under Section 24-151(k) because they are permanent utility infrastructure serving the residence. Although not specifically listed, staff interprets the ordinance's reference to "similar equipment" to include permanent electrical service equipment. Attachment G to 7-13-26 Minutes Section 24-151 (k) "(k)Mechanical equipment. On lots that are within or adjacent to a residential zoning district, equipment such as heating and air conditioning units, pumps, compressors, pool equipment, generators, or similar equipment shall not be located in the required front yard or closer than five (5) feet from any lot line that is adjacent to a residential use. Itis the intent of this provision to require placement of such equipment in a location that does not unreasonably disturb neighbors. This requirement shall not apply to replacement of such equipment lawfully installed prior to the effective date of these land development regulations." Attachment G to 7-13-26 Minutes Section 24-151 (k) " Although electrical meters and breaker panels are not specifically identified in the ordinance, staff interprets these installations as "similar equipment" because they are permanent utility infrastructure serving the principal use of the property. Accordingly, staff determined that the electrical meter and breaker panel are subject to the five- foot setback requirement established in Section 24- 151(k)(1). Federal Emergency Management Agency does clearly include electric equipment in its mechanical equipment guidelines for floodplain elevation requirements. Attachment G to 7-13-26 Minutes Background Staff is not aware of any recently constructed single-family homes where the permanent electrical meter and breaker panel are installed as a freestanding structure separate from the principal dwelling. Typically - these components are mounted directly to the home and are generally located in the same area as other permanent service equipment, such as cable service box, or other mechanical systems. Because this installation consists of permanent utility infrastructure serving the residence, staff has determined that the electrical meter and breaker panel are appropriately classified as mechanical equipment for purposes of applying Section 24-151— 5ft setback rPntjirpd- Attachment G to 7-13-26 Minutes Background The applicant requests approval to allow the equipment to remain in its current location within the required setback area. af AAA eff. 11/2/2018 ,q. L� Attachment G to 7-13-26 Minutes APPEAL REQUEST The applicant proposes than electrical leaving an electrical panel and electrical breaker within the required 5 -foot setback for mechanical equipment. Section 24-151(k)(1) requires a minimum five-foot separation between mechanical equipment and side and rear yard property lines. Adequate space exists through the new home build to locate the electrical panel and electrical breaker box in compliance with the required setback, without the need for a variance or encroachment. Attachment G to 7-13-26 Minutes Staff Summary Staff has determined that the electrical meter and breaker panel, mounted on a permanent utility pedestal, constitute mechanical equipment for purposes of the Land Development Regulations. As such, they are subject to the requirements of Section 24-151 of the Land Development Code, including the mandatory five-foot side yard setback. The purpose of this appeal is for the City Commission to determine whether the staff interpretation of Section 24-151 is consistent with the intent and language of the Land Development Regulations and whether the administrative decision should be affirmed or reversed. Attachment G to 7-13-26 Minutes The Commission may consider a motion to approve Appeal APP26-0002, thereby reversing the staff interpretation that the electrical meter and breaker panel constitute mechanical equipment under Section 24-151(k) of the Land Development Regulations. Approval of the appeal would determine that the installation is not subject to the five-foot side yard setback requirement applicable to mechanical equipment under Section 24-151(k). The Commission may consider a motion to deny Appeal APP26- 0002, thereby affirming staff interpretation that the electrical meter and breaker panel constitute mechanical equipment under Section 24-151(k) of the Land Development Regulations. Denial of the appeal would uphold staff's determination that the installation is subject to the required five-foot side yard setback.