5-12-16- Gate Appeal Agenda Packet
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CITY OF ATLANTIC BEACH
CITY COMMISSION AGENDA
FOR
GATE PETROLEUM APPEAL HEARING
HELD IN THE FELLOWSHIP HALL OF THE
COMMUNITY PRESBYTERIAN CHURCH
150 SHERRY DRIVE, ATLANTIC BEACH, FLORIDA
May 12, 2016
10:00 AM
Call to Order/Pledge & Invocation
1. Open Public Hearing, City Attorney Procedural Reminders, Ex Parte Disclosures, Court
Reporter swears in all witnesses.
2. City Presentation.
3. Applicant's Presentation.
Lunch Break
4. Cross Examination by Eakin/Sneed/West of the City’s and Applicant's witnesses.
5. Eakin Presentation.
6. Sneed Presentation.
Break*
7. West Presentation.
8. Cross Examination of Eakin/Sneed/West witnesses.
9. Rebuttal - Eakin, Sneed, West, City and Applicant.
Dinner Break
10. 7:30 p.m. – Public Comment - Courtesy of the Floor to Visitors.
(After Public Comment the Commission may, in its discretion, decide to continue the hearing
until Friday, May 13th at 10 am.)
11. Closing Statements: Eakin, Sneed, West, City and Applicant.
12. Commission Questions/Deliberations and Vote.
Adjourn
*Additional breaks may be taken at the discretion of the City Commission.
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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 public comment period beginning at 7:30 p.m. For your convenience, forms for this purpose
will be available at the entrance to the Fellowship Hall meeting location.
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 by 5:00 PM,
Tuesday, May 10, 2016.
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ORDER OF PRESENTATION
10:00 am Call to Order/Pledge & Invocation - Open Public Hearing I City
Attorney Procedural Reminders I Ex Parte Disclosures I 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
10:45 am* Applicant's Presentation - up to 2 hours total for direct and
rebuttal; rebuttal - now/end of hearing, if time remaining
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)
2:30pm* Eakin Presentation - up to 1 hour total for direct/ rebuttal;
rebuttal - now/end of hearing, if time remaining
3:15pm* Sneed Presentation - up to 1 hour total for direct/ rebuttal;
rebuttal - now/end of hearing, if time remaining
4:00pm* Break
4:15pm* West Presentation - up to 1 hour total for direct/ rebuttal;
rebuttal - now/end of hearing, if time remaining
5:00pm* Cross Examination of Eakin/Sneed/West witnesses by
Applicant and City - up to 1 hour (limited to 30 minutes each
unless shared)
5:45pm* Rebuttal- Rebuttal- use of any reserved time for rebuttal in
this order: Eakin, Sneed, West, City and Applicant.
6:30pm* Dinner Break
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7:30pm* Public Comment- time/speaker dependent on total number
of cards, but in no case more than 3 minutes each
After Public Comment: Commission may, in its discretion, decide to
continue the hearing until Friday, May 13th at 10 am.
Closing Statements - 3 minutes each: Eakin, Sneed, West, City,
Applicant.
Commission Questions/Deliberations and Vote - Possible motions; all
must be based on competent substantial evidence:
• Motion to find that the Director did not commit an error
because site plan meets applicable Code requirements,
confirming the approval of the site plan application.
-or -
• Motion to find that the Director committed an error
because site plan does not meet applicable Code
requirement(s) (to be specified), reversing the approval of
the site plan application.
-or-
• In the event the Applicant offers a modification,motion
to modify the approval of the site plan application and revise
in manner specified.
*Time of day is estimate only.
Documents pertaining to the appeal can be found by clicking here.