Mayor Chairs the Quasi-judicial hearing.pdfMAY 12, 2016
MAYOR CHAIRS THE QUASI-JUDICIAL HEARING
10:00 a.m.
I. Invocation and Pledge
I1. Mayor calls meeting to order
I11. Mayor: announces quasi-judicial proceeding on the Appeals by
Eakin, Beach Diner/Barry Adeeb and Atlantic Beach Cares/Glenn Shuck
of the Preliminary Site Development Plan for the Gate Petroleum
development located in the 500 block of Atlantic Boulevard for the
purpose of determining whether any error was made in approving the Site
Plan
• Opens the Public Hearing (gavel)
IV. Durden - asks Commissioners to state on the record all ex parte
communications with anyone in regards to the appeal, including but not
limited to Eakin, Beach Diner, Atlantic Beach Cares representatives,
Gate or any other persons
• Other reminders
V. Mayor
• "Respect" speech
• The parties have been notified of the City's intention to allow for
evidence and testimony to be presented to the Commission by the
parties and to proceed in accordance with the Order of
Presentation dated April 26, 2016.
• While the times of day are general and we may need a few more
breaks for the court reporter to rest her hands, the timeframes set
out for given presentations, rebuttals and cross examinations will
be enforced. We have a timekeeper and two clocks. All questions
00657230-1
•
•
by the City Commission will occur after all presentations are
completed. The timekeeper will set the clock for the timeframe
requested by a party.
If any of the parties object to these procedures, please state those
objections now for the record and submit any documentation, if any,
to support the objection. You will have up to 2 minutes to state your
objection.
[Parties make objections]
Thank you.
Durden - aware of objections. Advise and recommend Commission
proceed with the hearing in accordance with Order of Presentation.
Mayor - unless any Commissioner has an objection, we will proceed as
noticed.
VI. Court Reporter swears in all witnesses
10:15 am* City Presentation - up to 45 minutes total for direct/rebuttal;
rebuttal - now/end of hearing if time remaining
• Mayor - Mr. Flowers, you get up to 45 minutes total time. How much
time do you want the timekeeper to set on the clock for your direct
testimony?
10:45 am* Applicant's Presentation - up to 2 hours total for direct and rebuttal;
rebuttal - now/end of hearing, if time remaining
• Mayor - Mr. Hainline, you get up to 2 hours total time. How much time
do you want the timekeeper to set for direct testimony?
12:15 pm* Lunch break - 30 minutes
12:45 pm* Cross Examination by Eakin/Sneed/West of City and Applicant's
witnesses - up to 2 hours total (limited to 40 minutes each unless
time is shared by agreement amongst Appellants)
00657230-1
2
Eakin - up to 40 minutes
Sneed - up to 40 minutes
West - up to 40 minutes
2:30 pm* Eakin Presentation - up to 1 hour total for direct/ rebuttal; rebuttal
- now/end of hearing, if time remaining
• Mayor - Mr. Eakin, you get one hour total time. How much time do you
want the timekeeper to set on the clock for your direct testimony?
3:15 pm* Sneed Presentation - up to 1 hour total for direct/ rebuttal; rebuttal
- now/end of hearing, if time remaining
• Mayor - Mr. Sneed, you get one hour total time. How much time do
you want the timekeeper to set on the clock for your direct testimony?
4:00 pm* Break
4:15 pm* West Presentation - up to 1 hour total for direct/ rebuttal; rebuttal -
now/end of hearing, if time remaining
• Mayor - Ms. West, you get one hour total time. How much time do you
want the timekeeper to set on the clock for your direct testimony?
5:00 pm* Cross Examination of Eakin/Sneed/West witnesses by Applicant and
City - up to 1 hour (limited to 30 minutes each unless shared)
Mr. Flowers - up to 30 minutes
Mr. Hainline - up to 30 minutes
5:45 pm* Rebuttal - Rebuttal - use of any reserved time for rebuttal in this
order: Eakin, Sneed, West, City and Applicant.
6:30 pm* Dinner Break
7:30 pm* Public Comment - time/speaker dependent on total number of
cards, but in no case more than 2 minutes each
After Public Comment: Commission may, in its discretion, decide to continue
the hearing until Friday,
00657230-1
May 13' at 10 am.
3
Closing Statements - 3 minutes each in this order: Eakin, Sneed, West, City,
Applicant.
Commission Questions/Deliberations and Vote
Commission Questions
• Commission will follow its normal procedure:
Up to 5 minutes each for discussion/comments
May ask parties questions (responses to not count towards 5 minute
timeframe)
Each member shall have an additional 5 minutes following comments
and responses
Possible Motions
• Based upon competent substantial evidence presented during the
hearing, 1 move to find that the Director did not commit an error
because the site plan meets applicable City regulations and to
confirm the approval of the site plan application, and authorize the
Mayor to execute a written order in accordance with this motion.
- or -
• Based upon competent substantial evidence presented during the
hearing, I move to find that the Director committed an error because
the site plan does not meet the following applicable City regulations:
[to be specified], and to reverse the approval of the site plan
application , and authorize the Mayor to execute a written order in
accordance with this motion.
- or in the event the Applicant offers a modification -
• Based upon competent substantial evidence presented during the
hearing, I move to find that the Director did not commit an error
because the site plan meets applicable City regulations and further
00657230-1
4
to accept' t the foiiowing Urnodificatiorns to the site pian offered by the
ppiicart [oto be sp diffiedw and authorize the Mayor to enecute a
wrrittcrn order ER
accordance with this motion.
o Motion seconded
• Commission discussion
• Mayor calls for the Voice
Mayor announces vote
Mayor: Close Public Hearing (gavel)
Adjourn meetiam m Motion and vote
*Time of day is estimate only.
00657230-1 5
Vote
j)1k C u b (' v4-5 eh-i-z'c c ', of, r 5
zT V A -p-,
2,7 t�5 .r � � � c.114 , p ri cti 0 I cc s
3)e5• kAv\C{9._ c L c•, -A -s co.g"Str--
9)
'70 47° J1194-42 7 V7
-tet
5 (s\ kY GE.s