[CALL TO ORDER]
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WELCOME RESIDENTS, NEIGHBORS AND GUESTS.
WE WILL GET STARTED IN JUST A MOMENT, BUT FIRST, I'D LIKE TO OFFER AN INVOCATION AND A PLEDGE.
ALLOW US TO BEST MEET THE NEEDS OF ALL OF OUR CITIZENS AND NURTURE THE BONDS OF COMMUNITY.
ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
LADAYIJA CAN YOU DO A ROLL CALL, PLEASE? COMMISSIONER BOLE.
BEFORE WE GET STARTED, IF I CAN, I'D LIKE TO SEE A SHOW OF HANDS.
HOW MANY PEOPLE ARE HERE TO SPEAK ON THE RESOLUTION NUMBER? WELL, WAIT A SECOND. [INAUDIBLE] YEAH.
ITEM TEN. SO WE GOT ONE, TWO, THREE, FOUR, FIVE, SIX.
MOST EVERYBODY. I THINK WHAT WE'RE GOING TO DO IF THERE'S NO OBJECTION WITH THE COMMISSIONERS, WE'RE GOING TO MOVE THAT FORWARD TO BE RIGHT AFTER THE APPROVAL OF THE MINUTES SO THAT MOST OF THESE PEOPLE CAN GO AHEAD AND ENJOY THE REST OF THEIR EVENING.
IF THAT'S OKAY. THAT'D BE GREAT.
NO. SO WE'LL MOVE THAT ITEM 10 TO BASICALLY TO NUMBER 2 SLOT IN JUST A MOMENT.
BUT AT THIS TIME LET'S REVIEW OR APPROVE THE MINUTES.
[1. APPROVAL OF MINUTES]
DO WE HAVE ANY CHANGES TO THE MINUTES AS PRESENTED.OKAY. HEARING NONE, THE MINUTES STAND.
[10.A. Public Hearing on Waiver Request (WAIV24-0001)]
AND NOW WE'LL GO AHEAD AND MOVE TO ITEM 10.SO THIS IS ITEM TEN IS MISCELLANEOUS BUSINESS.
IT'S 10A THE PUBLIC HEARING ON WAIVER REQUEST WAIV24-0001.
AND I'M GOING TO GO AHEAD AND TURN IT OVER TO CITY ATTORNEY FOR OUR PROCEDURAL REMINDERS.
SURE. JASON GABRIEL HERE, CITY ATTORNEY.
JUST A REMINDER, THIS IS A WAIVER APPLICATION.
SO IT'S A QUASI JUDICIAL TYPE FORMAT THAT YOU GUYS ARE GOING TO BE ADJUDICATING WITHIN.
SO ESSENTIALLY THIS IS THE APPLICATION OF A POLICY TO A FACTUAL SITUATION.
SO ANY DECISIONS LIKE THIS ON THESE WAIVERS ARE CONSIDERED QUASI JUDICIAL.
AND SO CERTAIN PROTOCOLS HAVE TO BE FOLLOWED.
SLIGHTLY MORE OF A FORMALITY TO THIS.
THIS PROCESS NEEDS TO BE FOLLOWED.
ONE IS THIS THE DECISION NEEDS TO BE BASED ON SUBSTANTIAL, COMPETENT EVIDENCE.
AND WHAT THAT MEANS IS ALL QUASI JUDICIAL DECISIONS ARE THEY HAVE TO BE BASED ON A DECISION THAT'S SUPPORTED BY FACT BASED TESTIMONY OR EXPERT TESTIMONY, NOT GENERALIZED CONCERNS OR OPINIONS.
THAT'S ONE BIG COMPONENT TO QUASI JUDICIAL ACTIONS.
THE OTHER IS IN THERE'S RULES OF FAIR PLAY.
SO FOR THE BENEFIT OF EVERYONE WHETHER YOU'RE FOR OR AGAINST THIS PARTICULAR ITEM, ANY EX PARTE COMMUNICATIONS THAT ANY OF YOU COMMISSION MEMBERS MAY HAVE HAD NEEDS TO BE DISCLOSED.
WHAT IS AN EX PARTE COMMUNICATION? IT'S ESSENTIALLY ANY COMMUNICATION THAT CONCERNS THE MERITS OR SUBSTANCE OF THE PROCEEDING OR ANYTHING THAT ANYTHING THAT YOU MAY HAVE TALKED ABOUT OUTSIDE
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OF THESE PROCEEDINGS.AND THERE'S THREE THINGS YOU'LL NEED TO DO IS, NUMBER ONE, DISCUSS JUST A BRIEF STATEMENT OF WHAT WAS DISCUSSED, A BRIEF STATEMENT OF WHEN IT WAS DISCUSSED AND WITH WHOM.
WHEN, WHAT AND WITH WHOM FOR THE RECORD.
AND THAT GIVES ANYONE ELSE OUT THERE AN OPPORTUNITY WHEN THEY COME UP FOR THE PUBLIC HEARING COMPONENT OF THIS TO COUNTER WHATEVER IT WAS THAT MAY HAVE BEEN DISCUSSED OUTSIDE OF IT. SO IN A MOMENT, WE'LL GO AROUND THE DAIS AND JUST DECLARE WHETHER YOU HAVE ANY EX PARTE COMMUNICATIONS OR NOT.
AND WITH THAT THE REST OF THIS IS BASICALLY THE FORMULA FOR A TYPICAL APPLICATION.
THEN PUBLIC COMMENTS WITH, YOU KNOW, HOWEVER MUCH TIME YOU'RE GOING TO ALLOT TO THEM.
AND THEN CLOSING COMMENTS AFTER THAT.
SO WITH THAT, LET ME TURN IT BACK TO YOU, MAYOR.
OKAY. COMMISSIONERS DOES ANYBODY NEED TO DISCLOSE EX PARTE COMMUNICATIONS? YEAH. NOPE.
ALL RIGHT. SO WE'LL MOVE ON TO THE SWEARING IN.
WHO IS GOING TO SPEAK TODAY ON BEHALF OF THIS ITEM 10.
OKAY. LADAYIJA, ARE YOU PREPARED TO SWEAR THEM IN.
OKAY, SO IF YOU PLAN TO SPEAK AT ALL, YOU NEED TO BE SWORN IN NOW.
SO RAISE YOUR HAND IF THAT'S THE CASE.
WOULD EVERYONE SPEAKING PLEASE STAND RAISE YOUR RIGHT HAND.
DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? YES. THANK YOU.
OKAY. ALL RIGHT, SO AMANDA, ARE YOU READY TO GIVE US AN OVERVIEW? HI. GOOD EVENING, AMANDA ASKEW, THE DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT.
AND BE SURE TO SHARE OUR POWERPOINT FOR EVERYONE AT HOME, HERE. SO TONIGHT WE ARE HEARING A REQUEST FOR A WAIVER AT 550 SHERRY DRIVE.
THE WAIVER PROCESS IS OUTLINED IN 24-66, AND IT'S TO WAIVE THE PROVISION OF A MINIMUM 75 FOOT LOT WIDTH AS REQUIRED BY THE ZONING CODE, WHICH IS 24-106, TO ALLOW THE SUBDIVISION OF THIS PARCEL INTO TWO LOTS.
AS I MENTIONED, IT CORRESPONDS TO THE RESIDENTIAL LOW CATEGORY ON THE FUTURE LAND USE MAP.
IT IS ON THE WEST SIDE OF SHERRY STREET, NORTH OF 5TH STREET, AND IT BACKS UP TO HOWELL PARK.
CURRENTLY IT HAS 100FT OF LOT WIDTH ALONG SHERRY DRIVE AND ITS 195FT DEEP.
IT CONSISTS OF FOUR PLATTED LOTS OF RECORD ONE, TWO, THREE, FOUR.
SO THERE ARE TWO BACK HERE THAT TECHNICALLY HAVE NO STREET FRONTAGE.
BUT THEY ARE PART OF THIS DEVELOPMENT.
THERE IS ONE HOME THAT WAS BUILT IN 1971, AND THE HOME CROSSES OVER TWO OF THE PROPERTY LINES.
IN CHAPTER 24, AND THERE'S A DEFINITION IN 24-17 THAT TALKS ABOUT A SINGLE DEVELOPMENT PARCEL.
SO WHERE PLATTED LOTS WERE COMBINED FOR THE DEVELOPMENT THE PROPERTY IS CONSIDERED A SINGLE DEVELOPMENT PARCEL, AND THAT IS A A UNIFIED DEVELOPMENT CONSTRUCTION OR CONSTRUCTION ON CONTIGUOUS LANDS.
B, TYPICAL ELEMENTS OF A SINGLE DEVELOPMENT ARE SHARED ACROSS THE LOT LINE, SUCH AS ACCESS POINTS, ACCESSORY STRUCTURES, ARCHITECTURAL PROJECTIONS, OR C, ANY PERMITTED STRUCTURE IS LOCATED ACROSS A PROPERTY LINE WITH THE EXCEPTION OF FENCES, REMOVAL OF ANY OF THE ELEMENTS FROM A SINGLE DEVELOPMENT PARCEL SHALL NOT REVERT ANY LAND BACK TO AN INDIVIDUAL BUILDABLE LOT, UNLESS THE MINIMUM LOT STANDARDS CAN BE MET.
SO THAT IS THE DEFINITION OF A SINGLE DEVELOPMENT PARCEL.
FURTHER, OUR CODE GOES ON TO TALK ABOUT THIS SECTION.
AND IT SPECIFICALLY STATES THAT NO LOT OR PARCEL IN ANY ZONING DISTRICT SHALL BE DIVIDED TO CREATE A LOT WITH AREA OR WIDTH LESS THAN THE REQUIREMENTS OF THIS CHAPTER AND THE COMPREHENSIVE PLAN.
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THE CODE ALSO GOES IN AND SHOWS THIS FIGURE TO MAKE IT A LITTLE BIT EASIER, HOPEFULLY TO INTERPRET THIS SHOWS YOU THE BEFORE AND AFTER THIS IS THAT SINGLE DEVELOPMENT PARCEL WE WERE TALKING ABOUT, WHERE THE HOUSE IS BUILT OVER ONE PROPERTY LINE.THE REQUEST IS TO SUBDIVIDE THE PROPERTY INTO TWO EQUAL PARCELS.
SO EACH EACH PARCEL WOULD HAVE 50FT OF LOT FRONTAGE AND IT WOULD BE 195FT DEEP.
THE RS-2 ZONING DISTRICT STANDARD HAS A REQUIREMENT OF 75FT IN LOT WIDTH.
THE PROPOSED LOTS, AGAIN, WOULD BE 50FT.
SO THAT'S WHAT THE WAIVER IS FOR TONIGHT.
THEY DO MEET THE MINIMUM REQUIREMENT FOR LOT DEPTH.
IT'S ONLY 100 AND THEY HAVE 195FT.
THE LOT SIZE THE MINIMUM REQUIRED BY THE ZONING CODE IS 7,500.
EACH OF THESE NEW LOTS WOULD HAVE 9,750.
SO THEY MEET THE CODE IN THAT SECTION AS WELL.
HOWEVER, STAFF AND OUR INTERPRETATION OF THE CODE IS THAT YOU CAN'T.
THE CODE HAS CHANGED MULTIPLE TIMES.
AND FURTHER CLARIFIED IN 2019 TO MAKE IT CLEAR THAT THESE PARCELS COULD NOT BE DEVELOPED SEPARATELY.
HERE'S A LITTLE BIT OF A HISTORY OF THE CODE SO THAT YOU GUYS ARE FAMILIAR WITH IT.
IN 2003, WE CHANGED THE RS-2 ZONING DISTRICT FROM 50 TO 75FT.
AND THAT WAS A CHANGE TO MATCH THE FUTURE LAND USE MAP.
IN 2003 TO 2010, THE CITY INTERPRETED AND TOOK THE STRICT INTERPRETATION THAT ALL NEW DEVELOPMENT OR LOT SPLITS WOULD HAVE TO MEET THE 75 FOOT LOT WIDTH REQUIREMENT.
IN 2011 TO 2015, WE HAD SOME STAFF CHANGES AND THE CODE WAS INTERPRETED DIFFERENTLY AND ALLOWED LOT SPLITS BASED ON LOTS OF RECORD.
2017 STAFF WENT BACK TO THE ORIGINAL INTENT OF THE CODE IS THAT LOTS MUST MEET THE MINIMUM LOT WIDTH OF 75FT, REGARDLESS WHETHER IT'S A LOT OF RECORD OR NOT.
IN 2019, BECAUSE STAFF WAS GETTING SO MANY QUESTIONS, IT WAS FURTHER CLARIFIED IN THE CODE WITH THAT THE DEFINITION OF A SINGLE DEVELOPMENT PARCEL IN 24-84, WHICH WAS THAT FIGURE AND THE INFORMATION ABOUT LOTS OF RECORD.
THIS JUST SHOWS YOU A LITTLE BIT OF HISTORY IN THE AREA.
ALL OF THE PARCELS THAT ARE SHOWN WITH THE ORANGE DOT HAVE BEEN DEVELOPED OVER TIME.
AND THIS IS PART OF OLD ATLANTIC BEACH.
THESE PARCELS ARE LOTS WITH 50FT OR LESS THAT HAVE BEEN DEVELOPED IN THE AREA.
FOR GROUNDS FOR YOUR DECISION THIS WAIVER IS OUTLINED IN 24-66 E SUB (1).
A WAIVER FROM THE LAND DEVELOPMENT REGULATIONS MAY BE APPROVED UPON SHOWING GOOD CAUSE AND UPON EVIDENCE THAT AN ALTERNATIVE TO THE SPECIFIC PROVISIONS OF THIS CHAPTER SHALL BE PROVIDED, WHICH CONFORMS TO THE GENERAL INTENT AND SPIRIT OF THE LAND DEVELOPMENT REGULATIONS, AND 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 THE LAND USE DEVELOPMENT REGULATIONS ARE ENFORCED.
AND THEN THE APPLICANT HAS TO PROVIDE THREE THINGS TO SUPPORT THE WAIVER.
COMPLIANCE WITH SUCH PROVISIONS OF THE CODE WOULD BE UNREASONABLE.
I WILL ANSWER QUESTIONS YOU MIGHT HAVE OF STAFF.
SO THE LETTER FROM 2014 DOES NOT GIVE THEM THE GRANDFATHERED RIGHTS? NO, IT DOES NOT.
WE DISCUSSED THAT AS STAFF AND WITH THE CITY ATTORNEY.
THEY DID NOT ACT ON THAT LETTER.
AND THE CODE SUBSEQUENTLY WAS UPDATED.
AND THEY ARE NOT GRANDFATHERED IN BASED ON THAT LETTER.
BUT SINCE IT'S BEEN QUITE SOME TIME, IT'S NO LONGER APPLICABLE.
IS IT OCCUPIED RIGHT NOW? I DON'T KNOW, WE CAN ASK THE APPLICANT.
OKAY. ARE THE APPLICANTS FROM HERE? ARE THEY FROM ELSEWHERE? THEIR ADDRESS IS FROM OUT OF TOWN.
COMMISSIONER RING. I THINK ALL MY QUESTIONS ARE FOR THE APPLICANT.
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SO APPLICANTS, WOULD YOU LIKE TO COME UP AND PRESENT? THANK YOU. GOOD EVENING, MR. MAYOR, COMMISSION MEMBERS, I APPRECIATE YOU ALL TAKING THE TIME TO CONSIDER OUR WAIVER APPLICATION.AS MS. ASKEW EXPLAINED, WE'RE SEEKING APPROVAL OF A WAIVER TO DIVIDE OUR LOT INTO TWO LOTS.
PRIOR TO PURCHASING OUR HOME IN JULY 2020 THE PREVIOUS OWNER PROVIDED US WITH THE LETTER FROM THE CITY OF ATLANTIC BEACH, INDICATING THAT THE LOT COULD BE DIVIDED INTO TWO BUILDABLE LOTS.
EXCUSE ME. YES? COULD I GET YOU TO JUST STATE YOUR NAME AND ADDRESS FIRST, PLEASE? SURE, CERTAINLY. NATHAN BRIESEMEISTER.
OUR PERMANENT HOME ADDRESS IS ALPHARETTA, GEORGIA AND 550 SHERRY DRIVE IS OUR SECOND HOME.
OKAY. PRIOR TO PURCHASING OUR HOME IN JULY 2020 THE PREVIOUS OWNER PROVIDED US WITH A LETTER FROM THE CITY OF ATLANTIC BEACH INDICATING THAT THE LOT COULD BE DIVIDED INTO TWO BUILDABLE LOTS.
ALSO, AS EVIDENCED BY THE FOR SALE SIGN AT THE TIME, KNOWING THAT WE COULD SPLIT THE PROPERTY INTO TWO LOTS WAS AN IMPORTANT FACTOR WHEN MAKING OUR DECISION TO PURCHASE THE HOME.
WE WOULD LIKE TO MOVE FORWARD WITH DIVIDING OUR LOT.
IN SUMMARY, WE ARE ASKING THE COMMISSION TO HONOR THE LETTER FROM 2014 THAT WAS PROVIDED TO THE HOMEOWNER AT THE TIME, WHICH STATED THAT THE LOT COULD BE DIVIDED, AND ALSO THAT THE PROVISIONS OF THE LETTER WOULD BE TRANSFERRED TO SUBSEQUENT OWNERS.
WE BELIEVE THAT IF THE WAIVER IS APPROVED, WE WOULD BE ABLE TO WORK WITH THE CITY TO COMPLY WITH THE LAWS AND REGULATIONS THAT ARE IN PLACE TODAY IN A REASONABLE AND PRACTICALLY FEASIBLE WAY.
YOU KNOW, MAYBE THIS WAS THROUGH YOUR REALTOR WHEN YOU DID CLOSING DID YOU BRING THAT UP TO WHAT YOU PLAN TO DO WITH THE LOT? WE IT WAS AN IMPORTANT FACTOR.
BUT FRANKLY, AT THE TIME, WE PURCHASED THE LOT BECAUSE WE FELL IN LOVE WITH ATLANTIC BEACH.
AND WE HAD VISITED FRIENDS WHO STILL LIVE HERE.
AND INITIALLY WE'RE THINKING, YOU KNOW, THIS HOME WOULD BE POTENTIALLY OUR RETIREMENT HOME.
OKAY. SO YOU HAD THE LETTER FROM 2014, CORRECT.
SO THAT'S REALLY WHAT YOU'RE BASING THIS ON, NOT THE SUBSEQUENT REGULATION.
DID YOU ASK THE TITLE? YOU KNOW, THE MAYOR KNOWS MORE ABOUT REAL ESTATE THAN I DO, BUT WHEN YOU WENT IN THERE, DID YOU QUESTION THEM AS FAR AS YOU KNOW, YOUR FUTURE WITH THE LOT.
YOU KNOW, WHAT CAN WE DO, WHAT WE CAN'T DO, ETC.? I DID NOT, FRANKLY.
THEY PROVIDED THE LETTER AND CERTAINLY Y'ALL CAN CORRECT ME, BUT AS I UNDERSTAND IT, THE LETTER WAS PROVIDED BY AN AUTHORIZED OFFICIAL OF THE CITY AT THE TIME. AND WE DID NOT QUESTION ANY FURTHER AT THE TIME.
COMMISSIONER RING. HI, MR. BRIESEMEISTER. SO YOU PURCHASED THE PROPERTY IN JULY OF 2020? IT IS MARCH OF 2024.
HAVE YOU LIVED IN THIS HOME? NOT PERMANENTLY.
PERMANENTLY? WE COME DOWN SEVERAL WEEKS A YEAR.
BUT I DO HAVE A FULL TIME JOB IN ATLANTA.
SURE. DO YOU RENT OUT THE PROPERTY CURRENTLY? WE DO ACTUALLY.
CURRENTLY, WE DO HAVE TENANTS THERE THAT ARE RENTING FOR 90 NIGHT MINIMUM.
OKAY. AND DO YOU HAVE ANY OTHER PROPERTIES IN ATLANTIC BEACH? NO, THIS IS OUR ONLY I GUESS ONLY HOME OTHER THAN OUR HOME IN ALPHARETTA, GEORGIA.
WHEN YOU IF YOU DO GET THE WAIVER, WHAT ARE YOUR PLANS TO DO WITH THE PROPERTY ONCE IT'S SUBDIVIDED? WE DO PLAN TO PUT THE LOTS UP FOR SALE.
SO YOU PLAN ON SPLITTING THEM AND THEN SELLING THEM? CORRECT. THANK YOU.
ARE YOU AWARE THAT 90 DAY MINIMUM RENTAL IN ATLANTIC BEACH IS NOT LEGAL? NO. THE MINIMUM RENTAL SHORT TERM RENTAL IN WHAT IS IT, SIX MONTHS? SIX MONTHS? NOW, ARE YOU GOING TO TEAR DOWN THIS HOUSE BEFORE YOU DIVIDE IT? YES. YOU'RE GOING TO TEAR DOWN A PERFECTLY GOOD HOUSE.
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WE'RE CERTAINLY GOING TO EXPLORE.WE'RE DEFINITELY GOING TO EXPLORE THE POTENTIAL SALE OF THE TWO LOTS.
CERTAINLY. RIGHT WITH THE HOME STRADDLING BOTH LOTS, IT WOULD NEED TO BE DEMOLISHED.
LADAYIJA, YOU WANT TO CALL OUR NEXT SPEAKER? LOUIS WOLFRAM.
I LIVE IN ATLANTIC BEACH AT 2033 SILVA MADEIRA COURT.
I'D LIKE TO I'D URGE THE COMMISSION TO VOTE NO ON THE SHERRY DRIVE WAIVER REQUEST.
I BELIEVE THAT THIS REQUEST IS NOT IN THE BEST INTEREST OF ATLANTIC BEACH.
IT WILL ACCELERATE OUR COMMUNITY'S DESCENT DOWN THE SLIPPERY SLOPE OF UNRESTRAINED DEVELOPMENT.
ATLANTIC BEACH IS ALREADY WITNESSING THE DAILY DESTRUCTION OF OUR SMALL TOWN COTTAGE BY THE SEA LOOK AND FEEL AS BULLDOZERS KNOCKED DOWN TRADITIONAL HOMES IN ORDER TO PUT UP THREE STORY HOUSES THAT BUTT UP AGAINST OUR SIDEWALKS AND BLOT OUT THEIR NEIGHBOR'S SUN.
THE CITY COMMISSION NEEDS TO SEND A MESSAGE TO THE DEVELOPERS.
LET'S PRESERVE WHAT REMAINS OF ATLANTIC BEACH WHILE PUTTING THE CITIZENS OF ATLANTIC BEACH FIRST.
MICHAEL WHO? LADAYIJA? CAN YOU STATE YOUR NAME? BECAUSE I DIDN'T HEAR HER.
GOOD EVENING, MAYOR AND COMMISSIONERS.
MICHAEL KULICK, 530 SHERRY DRIVE.
I AM MY WIFE AND I ARE THE NEIGHBORS OF THE ADJACENT PROPERTY, JUST TO THE SOUTH.
I'D LIKE TO START OFF SAYING I HAVE NOTHING BUT THE UTMOST RESPECT AND ADMIRATION FOR THE APPLICANT.
I'D LIKE TO SAY THAT I'M NOT OPPOSED TO DEVELOPMENT IN GENERAL.
HOWEVER I AM OPPOSED TO ANY DECISIONS RELATING TO WAIVERS OR ANYTHING OF THAT KIND.
IF WE CANNOT COLLECTIVELY UNDERSTAND THE COMMISSION CANNOT DETERMINE THAT IN THIS CONSIDERATION, IT DOES NOT MEET OR DOES MEET THE THREE CRITERIA, MINIMUM OF THE WAIVER.
SO WHAT I MEAN BY THAT IS I'M HOPING THAT IN YOUR REVIEW THAT YOU'RE ABLE TO CONCLUDE AND REVIEW THAT IT CANNOT BE IN COMPLIANCE WITH THE LAND DEVELOPMENT CODE.
CAN WE PROVE THAT IT'S UNREASONABLE? CAN WE PROVE THAT THIS IS DUE TO A PRACTICAL IMPOSSIBILITY? AND DO WE KNOW THAT THIS IS INCOMPLETE AND IN CONFLICT WITH THE PUBLIC INTEREST? GRANTING THE WAIVER. SO I ASK THAT WE HAVE A DISTINCT UNDERSTANDING OF THAT.
I'LL ALSO ASK THAT IN THE EXPLORATION AND THE SUBDIVISION OF LOTS IN ATLANTIC BEACH THAT WE UNDERSTAND HAVE A GOOD UNDERSTANDING AND CAN PROVE THAT WE KNOW THE IMPACTS ON SCHOOL CONCURRENCY INFRASTRUCTURE, THINGS OF THAT NATURE.
AND THEN MORE SPECIFICALLY, THE LAST POINT, TWO POINTS IN REVIEW OF THE APPLICATION AND THE LETTER THERE APPEARS TO BE A WRITTEN EXCEPTION OF THE WETLANDS BUFFER WITHIN THE PROPERTY.
I ASK THAT THAT BUFFER NOT BE GRANTED AS IT STATED IN THE LETTER, IT APPEARS TO OFFER AN EXCEPTION DUE TO A 25 FOOT BUFFER FROM THE WETLANDS BASED ON AN EXISTING CHAIN LINK FENCE.
AND LASTLY, IN THE EVENT THAT YOU DO GRANT THIS WAIVER, I JUST ASK THAT IN THE FUTURE, CURRENT OR FUTURE OWNERS, DEVELOPERS, WHATEVER PRIVATE INTERESTS THERE MAY BE THAT THE EXISTING LAND DEVELOPMENT REGULATIONS, SETBACKS, LOT COVERAGES BE ENFORCED AS USUAL.
HELLO. MY NAME IS MIKE WALSH, AND I LIVE ACROSS THE STREET FROM THE PROPERTY AT 399 5TH STREET.
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THAT IT'S A VERY NICE PROPERTY.THERE'S REALLY, YOU KNOW, A LOT OF TREES.
IT'S BACKING UP TO HOWELL PARK.
THERE'S REALLY YOU KNOW, IT'S OVERALL A NICE PROPERTY, RIGHT.
AND WHAT I THINK OUR CONCERN FOR MYSELF AND MY WIFE IS, IS WE JUST DON'T WANT THIS TO BECOME IF THIS DOES GET APPROVED AND I'M NOT FOR OR AGAINST THIS, BUT I JUST WANT TO KIND OF SPEAK UP TO SAY WE JUST HOPE THAT THERE'S NOT GOING TO BE LIKE A STRING OF OTHER WAIVERS THAT ARE GOING TO KEEP HAPPENING ONE AFTER ANOTHER IF THIS DOES GET APPROVED.
SO, LIKE MICHAEL SPOKE ABOUT THE SETBACK AND ALSO LIKE RECENTLY, WE'VE HAD A LOT OF WAIVERS GRANTED, IN OUR NEIGHBORHOOD WITH TREES ON DIFFERENT PROPERTY WHERE PEOPLE HAVE KIND OF PAID TO REMOVE TREES, THEY PUT IN NEW TREES, BUT THE NEW TREES JUST REALLY HAVEN'T HAD THE SAME IMPACT OR EFFECT THAT THE ORIGINAL ONES HAD.
SO I THINK MORE THAN ANYTHING ELSE, LIKE I JUST WANTED TO COME UP HERE AND SPEAK TO JUST SAY, I HOPE THIS ISN'T IF THIS DOES GET APPROVED, THAT THIS ISN'T JUST LIKE A STRING OF WAIVERS, JUST ONE AFTER ANOTHER, BECAUSE RECENTLY IT SEEMS LIKE WE'VE SEEN THAT TREND MORE AND MORE.
GOOD EVENING EVERYONE, NANCY STOTTS.
TO REITERATE WHAT BRUCE BOLES ALREADY SAID THE QUESTION ABOUT WHETHER THE LETTER IN PARTICULAR WAS PUT FORWARD TO EITHER THE REALTORS, ATTORNEYS, OR TO THE CITY ITSELF, BECAUSE AT THE TIME OF THE SALE, THIS COULD HAVE BEEN AVOIDED IF HE HAD BROUGHT IT TO Y'ALL AND YOU WOULD HAVE SAID, YOU KNOW, ACTUALLY, THAT CODE CHANGED AND A LITTLE, YOU KNOW, IF I REMEMBER THE TIMELINE CORRECTLY, THE SELLER KNEW THAT IT CHANGED BETWEEN 2014 AND 2020 BECAUSE I THINK IT WAS 2019 THAT THEY OFFICIALLY YOU KNOW, NO MORE WAIVERS. SO THE SELLER PROBABLY KNEW IT WASN'T ENFORCEABLE.
I GUESS MY ONE OF MY QUESTIONS IS JUST OUT OF CURIOSITY, WAS THAT LETTER ACTUALLY DID THE PERSON WRITING THAT LETTER HAVE THE AUTHORITY TO MAKE SUCH A STATEMENT? IS THAT SOMETHING THAT SOMEONE IN THAT POSITION CAN EVEN WRITE AND GIVE TO A POTENTIAL HOMEOWNER? BECAUSE YOU KNOW, IF THIS WERE TO REPEAT ITSELF.
YOU KNOW, THEY SAW THE LETTERHEAD.
AND I THINK IT'S IMPORTANT THAT WE JUST DETERMINE GOING FORWARD WHO HAS THE AUTHORITY, IF ANYONE.
THANK YOU. THANK YOU, DOCTOR STOTTS.
GOOD EVENING. MAYOR, COMMISSIONERS CITY ATTORNEY AND THE CITIZENS.
FOR THOSE WHO MIGHT NOT KNOW ME IN THE AUDIENCE.
I SERVED ON THE COMMUNITY DEVELOPMENT BOARD FOR 13 YEARS.
I SERVED AS MAYOR FOR ONE TERM.
AND I WANT TO TELL THIS COMMISSION, THIS IS PROBABLY ONE OF YOUR ONE OF MANY RESPONSIBILITIES, BUT THIS IS A VERY IMPORTANT ONE, AS THE CITY ATTORNEY HAD BROUGHT TO YOUR ATTENTION.
HOWEVER, THE APPLICANT HAS NOT PRESENTED A REASONABLE HARDSHIP TO JUSTIFY GRANTING SUCH A WAIVER.
THE APPLICANT PURCHASED THEIR HOME ON A LARGE LOT IN 2020, AS DOCTOR STOTTS SAID, THE SELLER KNEW FULL WELL THAT IN 2019 THIS CHANGED. THE WAIVER SEEKS TO DIVIDE THE LOT INTO TWO SUBSTANDARD LOTS, WITH A REDUCTION OF EACH LOT AS REQUIRED IN THE ZONING DISTRICT OF A 33 AND A THIRD PERCENT REDUCTION IN THE WIDTH.
SUCH WAIVER IS CONTRARY TO THE CUSTOMARY MINIMUM LOT WIDTH REQUIREMENTS IN OUR CITY CODE.
A WAIVER SHALL NOT MODIFY ANY REQUIREMENT OR TERM CUSTOMARILY CONSIDERED A VARIANCE.
A WAIVER FROM THE LAND DEVELOPMENT REGULATIONS MAY BE APPROVED UPON SHOWING OF GOOD CAUSE, WHICH CONFORMS TO THE GENERAL INTENT AND THE SPIRIT OF THESE LAND DEVELOPMENT REGULATIONS. NOW, AS AMANDA SAID IN SECTION 24-66 A, WHERE THE COMMISSION
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FINDS THAT UNDUE HARDSHIP DUE TO A REASONABLE PRACTICAL DIFFICULTIES MAY RESULT FROM STRICT COMPLIANCE WITH THIS CHAPTER THE CITY COMMISSION MAY APPROVE A WAIVER.HOWEVER, IN THIS CASE, THE APPLICANT BELIEVES THAT THE GRANTING OF THE WAIVER IS BASED UPON THE MARCH 8TH, 2014 LETTER WHICH IS ATTACHED TO THE APPLICATION, AND THIS WAS GRANTED TO A PREVIOUS OWNER, MRS. WHITEHEAD, THAT SOLD THE HOUSE TO A PURCHASER NAMED MR. LOVETT. WHO IN TURN SOLD THE HOUSE TO THIS APPLICANT THAT IS BEFORE YOU TONIGHT.
AND THIS LETTER, THE ATLANTIC BEACH BUILDING AND ZONING DIRECTOR ASSURED THE OWNER AT THAT TIME, THAT ADMINISTRATIVE DIVISION OF A SINGLE LOT INTO TWO SUBSTANDARD LOTS, OR TRANSFER, QUOTE, TRANSFERABLE AND WOULD BE UPHELD TO ANY PURCHASER OF THE PROPERTY IF IT WERE TO BE SOLD, UNQUOTE.
AND THIS WOULD BE INDEFINITELY.
THIS ASSURANCE OF HIS AUTHORITY TO ADMINISTRATIVELY DIVIDE A SINGLE LOT INTO TWO SUBSTANDARD LOTS IS, IN MY OPINION, CATEGORICALLY ERRONEOUS AND WAS EVEN PERHAPS ILLEGAL.
SECTION 24-66 C, A WAIVER SHALL NOT MODIFY ANY REQUIREMENT OR TERM CUSTOMARILY CONSIDERED AS A VARIANCE, AND ACCORDING TO SECTION 24-190 A QUOTE WHERE THE COMMISSION FINDS THAT UNDUE HARDSHIP TO UNREASONABLE PRACTICAL DIFFICULTIES MAY RESULT FROM STRICT COMPLIANCE WITH THIS ARTICLE FOR SUBDIVISION ONLY, THE CITY COMMISSION MAY APPROVE A WAIVER TO THE REQUIREMENTS OF THIS ARTICLE.
IF THE WAIVER SERVES THE PUBLIC INTEREST, AND IN THIS CASE IT DOES NOT.
FURTHERMORE, IN SECTION 193 B (3) QUOTE, A WAIVER MAY BE GRANTED WHEN THE CONDITIONS UPON WHICH THE REQUEST FOR WAIVER ARE BASED ARE PECULIAR TO THE PROPERTY AND DO NOT RESULT FROM THE ACTIONS OF THE APPLICANT.
OBVIOUSLY THE APPLICANT HAS EXCUSE ME.
OBVIOUSLY, WHAT WE'RE SEEING HERE IS A REQUEST FOR A WAIVER THAT DOES NOT SHOW ANY HARDSHIP.
AND THE FACT THAT THIS WAIVER HAS COME BEFORE US THAT WILL ADVERSELY IMPACT THE NEIGHBORHOOD.
WE'RE TALKING ABOUT COMING UP WITH LOTS THAT ARE 50FT WIDE IN 2004.
IT WAS A VERY CONTENTIOUS SITUATION, 2005, WHERE THE SAVE ATLANTIC BEACH GROUP WANTED TO ENFORCE PROPERTY RIGHTS, WHICH ALL OF US ARE IN FAVOR OF PROPERTY RIGHTS ISSUES.
BUT WHAT THE COMMISSION SUBSEQUENT TO THAT COMMISSION AND UP TO THIS COMMISSION DECIDED THAT 50FT IS NOT THE STANDARD, 75FT IS THE STANDARD.
AND IT DOESN'T MAKE SENSE FOR US TO GO AHEAD AND GO BACK TO WHAT WE WERE LOOKING AT IN THE EXCUSE ME, IN THE LATE, THE LATE 1990S AND THE EARLY 2005.
PLEASE. TONIGHT DO NOT GRANT THIS WAIVER.
CAN YOU WRAP IT UP? I'M DOING THAT RIGHT NOW, MAYOR.
THERE'S NO BASIS FOR THIS WAIVER.
I MEAN, IT DOES SET A PRECEDENT.
THEY SHOULD HAVE DONE THEIR DUE DILIGENCE AND REALIZED THAT THIS COULD NOT BE THE CASE.
THANK YOU. THANK YOU, MR. WOLFSON. LISA HAROLD.
GOOD EVENING. I'M HERE TO URGE YOU GUYS TO JUST DENY THIS WAIVER.
LISA HAROLD, I LIVE ON SHERRY DRIVE AND HAVE FOR A VERY LONG TIME.
THIS IS NOT GOOD FOR THE NEIGHBORHOOD.
SHERRY DRIVE IS A HEAVILY IT'S NINE BLOCKS ARE VERY HEAVILY TRAVELED.
WE HAVE A CHURCH, AN ELEMENTARY SCHOOL, A MOTEL, AN OFFICE BUILDING, AND JUST CRAZY TRAFFIC AT THAT ATLANTIC BOULEVARD INTERSECTION. I JUST REALLY DON'T FEEL THAT IT'S IN THE CITY'S BEST INTEREST OR THE NEIGHBOR'S BEST INTEREST TO GRANT THIS WAIVER.
[00:35:01]
SUZANNE BARKER LIVE IN ATLANTIC BEACH.AND I'M HERE TO ASK YOU TO DENY THIS WAIVER.
I REALLY FEEL SORRY FOR MR. BRIESEMEISTER. THAT I CERTAINLY THINK THAT IF HE HAD DONE HIS DUE DILIGENCE, HE WOULD HAVE KNOWN THAT THE LOT COULDN'T HAVE BEEN SPLIT THAT TO RELY ON A LETTER THAT WAS TEN YEARS OLD.
AND THINK THAT NOW AFTER FOUR YEARS, THAT THEN HE IS GOING TO BE GIVEN A WAIVER AND SPLIT THE LOT. I DON'T GET THE FEELING THAT MR. BRIESEMEISTER IS INTERESTED IN LIVING IN ATLANTIC BEACH, EVEN THOUGH HE SAYS THAT HE HAS A ATLANTIC BEACH HOME, WHICH HE DOES, BUT IT IS BEING RENTED OUT, AND HE DOES NOT LIVE HERE.
AND WHEN ASKED WHAT HE WOULD DO WITH THE PROPERTY, HE HAS SAID THAT HE WOULD SPLIT THE PROPERTY AND HAVE THE TWO LOTS AND I'M DON'T GET THE FEELING THAT WHAT WOULD BE BUILT THERE IS SOMETHING THAT IS APPEALING AS THE HOME THAT'S THERE NOW, IT'S A BEAUTIFUL HOME.
AND WE WE GET THESE SMALL LOTS IT BRING THE VALUE OF OTHER PROPERTY DOWN BY DOING THINGS LIKE THAT.
AND I'M FOR PROPERTY RIGHTS, BUT I'M FOR EVERYBODY'S PROPERTY RIGHTS.
WHAT ABOUT THE 98.5% OF ALL OF US IN ATLANTIC BEACH WHO NEVER ASKED FOR A VARIANCE? DON'T ASK FOR A WAIVER.
CONSIDER THE SAFETY OF THE CHILDREN AND ALSO JUST THE TRAFFIC ON SHERRY.
SHERRY IS A VERY BUSY ROAD AND TO HAVE TWO MORE DRIVEWAYS THERE WOULD BE PROBLEMATIC I BELIEVE, AND I KNOW YOU ALL WILL MAKE THE RIGHT DECISION.
THANK YOU. THANK YOU, JACKIE BECKENBACH.
GOOD EVENING, MAYOR AND COMMISSIONERS.
I'M NOT CERTAIN I CAN ADD MUCH MORE TO WHAT'S ALREADY BEEN SAID.
I FEEL LIKE THOSE WERE KIND OF THE THREE AREAS OF FOCUS FOR ME.
WAS THAT ONE, THE FACT THAT WE MOVED TO A 75 FOOT WIDTH FOR LOTS, THERE WAS GOOD REASON FOR THAT AND TO GO BACK TO 50 I DON'T THINK WOULD SERVE THE CITY WELL.
SECONDLY, I THINK AS OTHERS HAVE MENTIONED, THE LETTER, I THINK IF I WAS PURCHASING A PIECE OF PROPERTY, ESPECIALLY AT WHAT THE COST OF PROPERTY IS IN THIS CITY, I WOULD HAVE HAD MY ATTORNEY DO THE DUE DILIGENCE TO MAKE SURE THAT IF THERE WAS A LETTER THAT SAID I COULD SPLIT IT, THAT I ACTUALLY COULD DO THAT.
AND THEN THIRDLY, I THINK IT WAS MENTIONED ALSO ABOUT THE PRECEDENT.
I THINK THIS WOULD SET A VERY DANGEROUS PRECEDENT.
IF YOU WERE TO APPROVE THIS TONIGHT FOR OTHER PEOPLE TO COME IN AND WANT TO SPLIT THEIR LOTS, I KNOW THIS IT'S BEEN A DISCUSSION BEFORE IN THIS CITY, AND THERE'S JUST BEEN A LOT OF HARD WORK TO TRY TO KIND OF PRESERVE THE UNIQUENESS AND BEAUTY OF WHERE WE LIVE.
SO I WOULD ASK YOU ALL TO PLEASE CONSIDER THAT IN THIS DECISION THIS EVENING AND NOT SET A PRECEDENT THAT WOULD BE VERY DIFFICULT TO EXPLAIN TO SOMEBODY ELSE WHY YOU WOULDN'T APPROVE THEIR WAIVER IF YOU'VE APPROVED THIS ONE THIS EVENING.
SO I APPRECIATE ALL THE WORK THAT YOU GUYS DO.
THANK YOU. THANK YOU, MISS BECKENBACH.
STEVEN BORGER, 387 6TH STREET, ATLANTIC BEACH, RIGHT AROUND THE BLOCK.
ALL OF MY EX-WIVES CLAIMED THEY FELL IN LOVE WITH ME, AND THEN THEY WANTED TO CHANGE ME.
THEY ALSO TRIED TO MAKE MONEY OFF ME.
AND NOTICE I'M NOT MARRIED NOW, SO I URGE YOU TO DENY THIS REQUEST.
THANK YOU. [LAUGHTER] THANK YOU.
[00:40:04]
THOSE ARE ALL THE SPEAKERS.OKAY. WOULD ANYONE ELSE LIKE TO SPEAK? AND IF SO, WE'LL HAVE TO SWEAR YOU IN.
OKAY THEN WE'LL CLOSE PUBLIC COMMENT AND BEFORE, IF IT'S OKAY WITH THE COMMISSION, I'D LIKE TO BEFORE WE GET STARTED ON OUR OWN CONVERSATION, I'D LIKE TO BRING AMANDA BACK UP FOR A COUPLE OF QUICK QUESTIONS, IF THAT'S OKAY.
SO MY QUESTION IS THIS WHEN WE CHANGED THE ORDINANCE OR WHEN WE CHANGED CODE TO BE 75 75FT THE ONLY THING THAT IS SUBJECT TO THIS IF THERE'S AN EXISTING, BY THE WAY, FOR ANYBODY HERE, I THINK MOST PEOPLE REALIZE THAT THE COMMUNITY IN THAT AREA IS IS PREDOMINANTLY 50 BY 100 FOOT LOTS.
OKAY. SO WE CHANGED THE CODE AND WE CAN DO THAT TO 75 FOOT WIDE LOTS.
BUT YOU CAN STILL DEVELOP OR BUILD ON AN UNBUILT LOT OR REBUILD ON A LOT THAT HAS A DWELLING IF YOU TEAR IT DOWN ON A 50 BY 100 FOOT LOT.
IS THAT CORRECT? THAT IS CORRECT.
WHAT MAKES THAT SCENARIO DIFFERENT FROM THIS SCENARIO IS THERE IS A STRUCTURE, A HOUSE BUILT OVER THE LOT LINES, SO IT JOINED THEM TO MAKE THEM A SINGLE DEVELOPMENT PARCEL THAT WE DO HAVE A SECTION OF THE CODE FOR NON CONFORMING LOTS VACANT.
BUT THAT'S A NON CONFORMING LOT THAT EITHER HASN'T BEEN BUILT.
THAT IS CORRECT. SO WOULD IT ALSO BE FAIR TO SAY THAT IF THIS WAIVER IS GRANTED, THIS IS NOT SETTING A PRECEDENT OTHER THAN IF THE PRECEDENT WAS FOR THOSE LOTS THAT HAVE A BUILDING THAT TRAVERSE ONE OR MORE OR MORE THAN ONE LOT COULD ASK FOR A WAIVER EXCEPT THE DIFFERENCE HERE IS THAT THERE'S A LETTER FROM A CITY OFFICIAL GRANTING INTO PERPETUITY AS FAR AS I CAN SEE THAT HE HAS THE RIGHT TO DO THAT.
IS THAT CORRECT? SO IT WOULD A WAIVER IS A LITTLE BIT LIKE A VARIANCE.
YOU NEED TO LOOK AT IT ON A CASE BY CASE BASIS.
SO REMEMBER YOUR MAP SHOWED A LOT OF 50 FOOT LOTS, BUT THOSE ARE OLD.
SO WE'VE LEARNED OUR LESSON AND WE WANT BIGGER LOTS.
AND SO WE ARE NOT SETTING A PRECEDENT AND I DON'T KNOW ABOUT WE'VE THIS BODY OF GOVERNMENT HAS APPROVED VERY FEW WAIVERS IN MY SEVEN YEARS.
SO IF THERE ARE WAIVERS HAPPENING, THEY'RE NOT HAPPENING UP HERE WITH US.
AMANDA, YOU KNOW, YOU'RE REALLY TALKING ABOUT PRECEDENT HERE.
OKAY, SO MY QUESTION TO YOU AND YOUR RESEARCH, HAS THIS TYPE OF WAIVER EVER BEEN GRANDFATHERED OR WAVERED BEFORE? WELL, NOT IN THE FORM OF BEING A WAIVER, PER SE, BUT THE TIMELINE I WENT OVER BETWEEN 2000 AND LATE 2010 AND 2015 STAFF MADE A DIFFERENT INTERPRETATION WHERE THAT IF YOU HAD A STRUCTURE BUILT OVER THE LOT LINE, THEN IT WASN'T MARRIED.
SO FROM THAT TIME PERIOD, THERE WERE STRUCTURES AND HOUSES THAT WERE TORN DOWN AND ON A ON LOTS OF RECORD ON THOSE 50 FOOT LOTS OF RECORD NEW HOUSES WERE BUILT.
SO FOR THAT BRIEF TIME PERIOD FROM 2000, LATE 2010 TO 2015, YOU HAD A LOT OF RECORD.
YOU COULD TEAR DOWN HOWEVER MANY STRUCTURES AND PUT UP WHATEVER YOU WANTED ON THOSE LOTS OF RECORDS.
THAT'S 2015 RIGHT? THAT'S NOT BEEN THE CASE.
AND IT WASN'T THE CASE PRIOR TO 2015.
AND IS THAT PRETTY MUCH WHAT IT WAS? THAT IS. AND THEN AFTER 2015 STAFF AND ADMINISTRATION STARTED INTERPRETING THE CODE THE WAY IT IS TODAY.
[00:45:03]
AND THEN 2019 CODIFIED IT.THANK YOU. SO I UNDERSTAND THAT WE CHANGED BACK TO ALLOWING I DON'T REALLY CONSIDER IT SUBDIVISION BECAUSE THERE ARE LOTS OF RECORD, BUT WE WENT BACK TO ALLOWING THEM TO BE SEPARATED IN 2015.
IS THAT CORRECT? SO FROM 2000, LATE 2010 TO 2015, WE INTERPRETED THE CODE DIFFERENTLY.
FROM WHAT YEAR TO WHAT YEAR? LATE 2010 TO 2015.
OKAY. SO PRIOR TO THAT, IN 2003 IS WHEN THE CODE ORIGINALLY CHANGED FROM 50 TO 75.
SO SINCE 2003 IT'S BEEN A MINIMUM OF 75 FOOT OF LOT WIDTH.
AND THEN SUBSEQUENTLY THE STAFF INTERPRETATION OF THAT SECTION HAS CHANGED A COUPLE OF TIMES.
SO IT REALLY WOULDN'T MATTER WHAT OCCURRED BEFORE 2003, BECAUSE THE LOT WIDTH AT THAT TIME WAS 50FT.
CORRECT. OKAY. BUT WE CODIFIED IN 2019.
ANY QUESTIONS? OKAY. THE APPLICANT, WOULD YOU LIKE TO REBUT ANYTHING, PLEASE? YEAH, I'LL TRY TO BE BRIEF, BUT AGAIN, I APPRECIATE THE FEEDBACK AND THE QUESTIONS, THE CONCERNS FROM THE COMMISSION AS WELL AS THE BROADER COMMUNITY.
I WOULD JUST REITERATE KIND OF REFLECTING MR. GABRIEL, IN YOUR COMMENTS AT THE BEGINNING IN TERMS OF BASIS FOR MAKING THE DECISION REALLY STAY FOCUSED ON THE FACTS AND NOT OPINIONS THAT I WOULD JUST REITERATE AS THE COMMISSION, I THINK, FULLY UNDERSTANDS, BUT JUST REITERATE, UNDERSTAND, CERTAINLY WITH THE BENEFIT OF HINDSIGHT, THE OPINION THAT, HEY, WE SHOULD HAVE HAD AN ATTORNEY PURSUE THIS.
BUT AGAIN, THE BASIS FOR FACT IS WE RECEIVED THAT LETTER FROM THE CITY OF ATLANTIC BEACH FROM AND CERTAINLY A BUILDING ZONING DIRECTOR LOOKS LIKE A POSITION OF AUTHORITY ON CITY LETTERHEAD, SAYING ALL OF THE ABOVE CONDITIONS ARE TRANSFERABLE AND WOULD BE UPHELD TO ANY PURCHASER OF THE PROPERTY IF IT WERE TO BE SOLD.
I CERTAINLY UNDERSTAND THE POINT FROM THE COMMISSION AROUND YOU KNOW, DOING THE DUE DILIGENCE, BUT I WOULD JUST CLOSE BY SAYING I CERTAINLY APPRECIATE THE FEEDBACK, THE CONCERNS ON THE PART OF THE COMMUNITY.
CERTAINLY RESPECT AND LOVE THE COMMUNITY.
SO DEFINITELY APPRECIATE THE INTEREST OF THE FEEDBACK TONIGHT.
I WOULD JUST ASK THE COMMISSION WHEN YOU THINK ABOUT SIMILAR FACTS AND CIRCUMSTANCES THAT HAVE BEEN BROUGHT BEFORE YOU IN THE COMMUNITY, WHICH I DON'T KNOW, BUT JUST WOULD ASK WHEN YOU THINK ABOUT CONSIDERATIONS LIKE PRECEDENT.
IF THERE'S ANY OTHER SIMILAR FACTS AND CIRCUMSTANCES WHERE WAIVERS WERE GRANTED IN THIS COMMUNITY, I WOULD ASK THAT THAT BE CONSIDERED AS IT RELATES TO OUR APPLICATION. BUT THANK YOU FOR YOUR TIME AND CONSIDERATION.
AND I DO APPRECIATE EVERYONE TAKING THE TIME TO COME OUT TONIGHT.
OKAY. COMMISSIONERS, LET'S HAVE A DISCUSSION.
THOUGHTS. IT DOESN'T MEET ONE OF THE THREE STATUTES THAT WE NEED TO HAVE TO MAKE A WAIVER.
THERE'S NO HARDSHIP. I DON'T SEE WHERE HE'S MET THIS CRITERIA PROVEN THIS CRITERIA FOR ONE AND FOR TWO EVEN BEFORE I HEARD WHAT THE CITIZENS HAD TO SAY, THOSE WERE MY THOUGHTS INITIALLY.
IN ATLANTIC BEACH, WE SLOWLY SEE OUR CHARACTER DIMINISHING THESE MCMANSIONS ON SMALL PROPERTIES THAT 75 FOOT COATING THAT WAS PUT IN, THAT WAS DONE FOR A REASON BECAUSE THEY LOOKED AROUND AND DECIDED IN 2019, WE HAVE TO DO SOMETHING NOW.
I SAY, AT LEAST I AM GOING TO HOLD THE LINE HERE.
OKAY. YOU KNOW, BUT I THINK THAT WE TALK ABOUT THE HARDSHIP BUT MOSTLY ITS EFFECT ON THE NEIGHBORHOOD AND WHEN IT AFFECTS THIS AREA, IT'S GOING TO BE A SLIPPERY SLOPE BECAUSE WE DO IT FOR THIS WE'RE GOING TO DO IT FOR EVERYTHING.
AND THE 75FT IS IT'S CUT AND DRY.
AND IF WE DON'T YOU KNOW, IF WE DON'T APPROVE THIS WAIVER YOU SEEM LIKE A VERY NICE GENTLEMAN.
[00:50:01]
BECAUSE SHERRY DRIVE IS NOTHING COMPARED TO GEORGIA.ATLANTA, GEORGIA. SO BUT I REALLY I APPRECIATE YOU COMING.
YOU'RE A VERY NICE GENTLEMAN, SO.
THANK YOU. SO I GUESS I GET TO BRING IT HOME, AND I'M NOT GOING TO WIN FRIENDS ON THIS.
I'M DISAPPOINTED IN WHAT I HEAR TODAY.
I HEAR A LOT OF OPINION A LOT OF NON FACTUAL THINGS.
AND I HAVE TO START OFF BY SAYING I'M FOR ENFORCEMENT OF THE 75 FOOT PROPERTY LINE.
AND I DO NOT SEE WHERE THIS IS A PRECEDENT AT ALL.
AND THE REASON WHY IS I'M SITTING HERE LOOKING AT A LETTER.
WHERE'S MY LETTER? SIGNED BY JEREMY HUBSCH ON 5/8/2014.
SIGNED AS BUILDING AND ZONING DIRECTOR OF THE CITY OF ATLANTIC BEACH WITH OUR SEAL ON THE LETTERHEAD, SHAME ON US FOR VILIFYING THE APPLICANT HERE, THAT HE SHOULD HAVE DONE A BETTER JOB OF DUE DILIGENCE.
AND SO WE I HAVEN'T HEARD THAT BUT COMPLIANCE WITH SUCH PROVISIONS.
THIS IS NUMBER TWO COMPLIANCE WITH SUCH PROVISIONS ARE IN CONFLICT WITH THE PUBLIC INTEREST.
THAT WOULD BE AGAINST THE INTERESTS, THE PUBLIC INTEREST OF THE CITIZENS OF ATLANTIC BEACH.
THIS IS NOT UNENFORCING A CODE.
THIS IS THIS IS TALKING ABOUT TAKING ACTION BECAUSE WE HAVE AN EXCEPTION.
NOW, SHAME ON JERRY HUBSCH FOR WRITING WHAT HE WROTE.
THAT'S SAD THAT HE WROTE THAT BECAUSE HE ESSENTIALLY, IN MY VIEW, PUT THIS INTO PERPETUITY.
WELL, WHO'S GOING TO SAY IT MIGHT HAVE BEEN SIX MONTHS? WHICH ONE OF US IS IN CHARGE OF THE RULES THAT WOULD SAY WHAT TIMING AN OWNER OF A PROPERTY WOULD HAVE TO ACT ON THIS LETTER.
SO I'M GOING TO VOTE FOR THE REQUEST.
BUT I'M ALSO GOING TO BE VERY CLEAR.
I DO NOT SEE THIS AS A PRECEDENT AT ALL.
IT IS A SINGULAR EVENT BECAUSE OF THAT LETTER.
BUT WE TOOK THAT DECISION AS A COMMISSION X NUMBER OF YEARS AGO, AND IT IS WHAT IT IS.
BUT TO BE CLEAR FOR THE CITIZENS HERE TONIGHT, WE HAVE MOST OF THE HOMES IN THAT SEGMENT OF TOWN ON 50 BY 100 FOOT LOTS, NOT ON 75 FOOT LOTS. COMMISSIONER KELLY MADE THE POINT.
THIS IS TRUE THAT MORE PEOPLE THAN NOT ARE ACTUALLY ASSEMBLING AND MERGING LOTS TOGETHER TODAY FOR BIGGER HOMES VERSUS SUBDIVIDING, I THINK, COULD BE OFF ON THAT.
WHAT WOULD I DO TO A NEIGHBOR, A FAMILY MEMBER, A FRIEND BASED ON THIS? AND I KNOW WHAT THE RIGHT ANSWER IS.
SEEMS TO REMEMBER READING THAT DOES THE HOUSE NEED TO BE TORN DOWN BEFORE WE APPROVE IT? JASON, AMANDA? I'M GOING TO LET YOU ANSWER THAT.
I'LL DEFER TO AMANDA ON THAT QUESTION.
I MEAN, IT SEEMS LIKE WHEN I READ THE CODE, THAT'S WHAT I SORT OF BELIEVE.
[00:55:10]
YEAH, THAT WOULD BE A PROBLEM TO TEAR IT DOWN AND NOT GET THE EXCEPTION HERE.DID SOMEONE MAKE A MOTION? I'M SORRY I DIDN'T GET A MOTION.
I APOLOGIZE. SOMEONE WANTS TO MOVE IT WITH A SECOND.
WE HAVE A MOTION AND A SECOND.
OKAY. ALL IN FAVOR OF DENYING THE REQUEST FOR THE WAIVER SIGNIFIED WITH SHOULD WE DO A ROLL CALL? ROLL CALL ON THIS.
YEAH. I MEAN, THAT'S REALLY THE RIGHT THING TO GO ON THE RECORD.
THAT'S FINE. I THINK IT'S GOING TO BE PRETTY CLEAR.
SORRY. WHO WAS THE SECOND? RING? RING? OKAY. YEAH, IT WAS A MOTION MOVED BY MISS KELLY AND THEN SECONDED BY MS. RING. OKAY.
COMMISSIONERS. OKAY LADIES AND GENTLEMEN, FEEL FREE TO ENJOY THE REST OF THE MEETING OR IF YOU HAVE SOMETHING ELSE YOU'RE FREE TO GO. AND THANK YOU FOR THE PARTICIPATION TONIGHT.
WE'LL TAKE A FIVE MINUTE RECESS AND ALLOW THE ROOM TO CLEAR.
IT WAS FREEZING THANK YOU LADAYIJA.
OKAY. I CALL THIS MEETING BACK TO ORDER.
[2. COURTESY OF FLOOR TO VISITORS]
AND WE'RE GOING TO MOVE TO HOLD ON A SECOND.WE'RE GOING TO GO TO COURTESY OF THE FLORIDA VISITORS.
SO WE'LL CONTINUE WITH FIVE MINUTE LIMIT ON TIME.
LADAYIJA, DO YOU HAVE ANY SPEAKERS? DON WOLFSON? WELL. GOOD EVENING FOR THE SECOND TIME.
I CAN'T GET ENOUGH OF THIS GROUP.
SOMETHING CAME UP IN THE LAST HEARING.
I JUST WANT TO RAISE A QUESTION.
AND THAT GOES TO BACK TO THAT LETTER OF MAY THE 8TH, 2014.
AND I'VE LOOKED AT THAT LETTER TIME AND AGAIN, AND I QUESTION THE VALIDITY OF IT.
I QUESTION THE LEGALITY OF IT.
I QUESTION WHETHER THAT IS AN ACTUAL LETTERHEAD OF THE CITY.
AND I'M RAISING THE QUESTION BECAUSE I KNOW THE MAYOR TOOK A POSITION BASED ON UPON THAT LETTER.
AND SO I'M RESPECTFULLY REQUESTING THAT IT GO TO SOME GROUP THAT CAN LOOK INTO THIS, LOOK AT OUR RECORDS AND DETERMINE WHETHER THIS IS AN ACCURATE LETTER. I DON'T KNOW IF THIS LETTER CAME FROM THE CITY.
BUT THE APPLICANT SURE HAD IT.
BUT I THINK THAT THE CITY NEEDS TO UNDERSTAND WHETHER THIS IS ACTUALLY AN ACTUAL LETTER OR NOT.
THE CITY DID NOT PREVIOUSLY ALLOW AN ADMINISTRATIVE ASSISTANT TO DIVIDE LOTS.
AND THIS LETTER IS SAYING THAT THIS MAN HAD THAT AUTHORITY.
I DO NOT QUESTION IT? AS I SAID BEFORE, I QUESTION THE LEGALITY.
IF IT'S LEGITIMATE AND IF IT'S BINDING.
THANK YOU VERY MUCH. OH, AND THANK YOU FOR ALL THAT YOU DID IN THE LAST THE HEARING.
I MEAN, IT NEVER IS TO DENY SOMEONE WHO COMES BEFORE YOU AND REQUEST MAKE A REASONABLE REQUEST.
BUT THAT'S WHAT YOU'RE HERE FOR.
SO, MAYOR, PLEASE TAKE A LOOK AT THIS AND SEE.
[01:00:02]
SEND IT WHERE IT SHOULD BE.I WOULD LIKE TO REITERATE WHAT MR. WOLFSON JUST SAID.
I THINK THAT IF THERE'S ANY QUESTION AT ALL ABOUT THE VALIDITY OF THAT LETTER THAT YOU OWE IT TO THE CITIZENS AND YOUR STAFF, QUITE FRANKLY TO INVESTIGATE.
ARE THERE ANY OTHER SPEAKERS? OKAY. THAT'S COOL.
WE'LL CLOSE COURTESY OF THE FLOOR AND MOVE TO CITY MANAGER REPORTS MR.
[3. CITY MANAGER REPORTS]
KILLINGSWORTH. GOOD EVENING, MR. MAYOR, COMMISSION. YOU HAVE THE 90 DAY CALENDAR BEFORE YOU.I'LL JUST POINT OUT THAT APRIL AND THE WEEKENDS WILL BE A FUN MONTH.
ASIDE FROM THE FARMER'S MARKET, EVERY SUNDAY WE HAVE THEATER IN THE PARK AT JOHANSEN PARK ON FRIDAY, THE 12TH, ALSO ON THE 13TH. WE HAVE A TOWN HALL ON THE 13TH AT THE BAKER CENTER.
WE HAVE ARTS IN THE PARK AT JOHANSEN ON THE 20TH, WILD WONDERS AT DUTTON ISLAND ON THE 20TH.
AND THEN WE HAVE WILD WONDERS AGAIN ON DUTTON ISLAND ON THE 27TH OF APRIL.
SO. MR. MAYOR, IF WE COULD GET A CONSENSUS ON THE CALENDAR.
COMMISSIONERS, DO WE HAVE CONSENSUS? YES. YES.
WE'RE GOING TO GO ON TO CONSENT.
NO. I ASSUMED YOU HAD SOMETHING ELSE.
[4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS]
WE'LL MOVE RIGHT TO THE REPORTS FROM CITY COMMISSIONERS ITEM FOUR.SO LET'S START WITH COMMISSIONER RING.
THE EGG HUNT STARTS PROMPTLY RIGHT AT 10.
SO IF YOU BRING LITTLE ONES, BE SURE TO GET THERE 10 OR 15 MINUTES BEFOREHAND.
OTHERWISE ALL THE EGGS WILL BE GONE.
AND THEN I BELIEVE NEXT MONTH IS THE LAST CHARTER REVIEW COMMITTEE MEETING.
SO I JUST WANT TO SAY THANK YOU TO ALL OF THE MEMBERS ON THE CHARTER REVIEW WHO HAVE PUT FORTH THEIR TIME EVERY MONTH, ON TOP OF ALL THE TIME IT TAKES TO RESEARCH EACH OF THOSE COMPONENTS.
THAT'S IT. THANK YOU COMMISSIONER.
YEAH, I WANT TO APPLAUD THE POLICE DEPARTMENT OF JACKSON, NEPTUNE, AND PROBABLY ATLANTIC BEACH AND EVEN JSO BUT HAPPY WITH JACK'S BEACH.
I'M JUST CONCERNED. I MEAN, THIS NATION WE HAVE, YOU KNOW, IT'S PERMEATING EVERYWHERE.
AND IT PERMEATED TO JACK'S BEACH AND IT'S VIOLENCE.
IT'S AND I JUST, YOU KNOW, I KNOW THAT TYBEE ISLAND.
I KNOW THAT PANAMA CITY IN THE FEW YEARS PAST HAS SAID, LOOK, PLEASE COME TO OUR TOWN.
JUST DON'T COME DURING SPRING BREAK.
I DON'T WANT OUR FORCES, OUR POLICE FORCES TO HAVE TO DO THIS EVERY YEAR.
AND I JUST DON'T KNOW WHAT IT'S GOING TO TAKE.
I TALKED TO THE CHIEF ABOUT THAT, MAYBE.
BUT, YOU KNOW, PEOPLE ARE COMING HERE AND I SEE IT ALL THE TIME.
I'VE GOT PICKUP TRUCKS WITH EXPIRED TAGS, OUT-OF-STATE TAGS BACKED UP.
AND ARE THEY WORKERS OR ARE THEY NOT WORKERS? WHERE ARE THEY COMING FROM? ARE THEY REALLY WORKING HERE? AND I THINK THAT'S THE JOB FOR THE [INAUDIBLE] COMMITTEE.
I'VE ALREADY TALKED TO THEM ABOUT IT.
IF PEOPLE ARE ACTUALLY GIVING US NOTICE, THEY'RE GOING TO SHOW UP AND, IN GROUPS LIKE THIS.
IT'S JUST A IT'S JUST A CONCERN AND I JUST WANT TO PUT IT OUT THERE.
COMMISSIONER. COMMISSIONER BOLE.
YEAH. SO I APOLOGIZE FOR MY LIST HERE, BUT I'VE GOT A FEW THINGS.
NUMBER ONE YOU'VE HEARD ME A COUPLE OF TIMES.
THE BEACHES TOWN CENTER AGENCY GOLF TOURNAMENT IS ON 11TH APRIL.
PROBABLY MUCH MORE IMPORTANT THE COPY OF THE NEW RISK MANAGEMENT POLICY HAS BEEN SENT OUT.
I'D REALLY APPRECIATE YOU GUYS GOING THROUGH THAT LINE FOR LINE.
[01:05:03]
THAT'S IMPORTANT.I THINK IT'S SOME GREAT STAFF WORK.
KEVIN, BILL, THE REST OF THE TEAM THAT'S WHAT I'VE BEEN HARPING ON AS FAR AS THE YOU KNOW, NOT ONLY MITIGATE RISK, BUT ALSO THE LIABILITY ISSUE.
WE'RE GOING TO BRING IT, I THINK, SOON.
YES. AND IT'S IMPORTANT FOR THE CITY.
ON MY LIST I ALSO HAD THE POLICE.
I KNOW OUR GUYS WERE DOWN THERE IN JACK'S BEACH.
AND I HOPE WE, YOU KNOW, WE CAN RECOGNIZE SOME GUYS THAT DO SOME GOOD WORK.
OKAY. NOW TIME FOR MY, YOU KNOW LAST WEEK WE VOTED DOWN A RESILIENCY STORM WATER ISSUE.
I KNOW THERE ARE OTHER ISSUES CONCERNING THIS BUT I BECAUSE I MADE THE MOTION, CAN'T BRING IT BACK.
SO ONE ONE THING I JUST WANTED TO A COUPLE POINTS I WANTED TO MAKE ABOUT THIS.
BUT WE ALSO HAVE 13,500 OTHER CITIZENS THAT MAY NOT BE IN HERE, THAT MAY WANT THAT LIFT STATION TO BE WORKING WITH STORMWATER AND WATER, SEWAGE, ETC., ETC..
THEY KNOW TEN TIMES MORE ABOUT THAT THAN I DO.
ONE THING I HAVE LEARNED IN THIS JOB IS IF YOU DELAY A PROJECT, YOU STUDY IT TOO MUCH, YOU MOVE IT ON, YOU HAVE MUCH LESS OF A PROBABILITY OF SUCCESS.
AND I'LL USE THE LIFEGUARD STATION AS AN EXAMPLE.
MAYBE THIS HITS HOME FOR ME A LITTLE DIFFERENT.
I WAS THE NAVY'S REPRESENTATIVE FOR HURRICANE KATRINA FROM THE NAVY REGION SOUTHEAST.
AND IT WAS READILY APPARENT OF THE AREAS THAT DID PREPARE THAT HAD PUT MONEY IN INFRASTRUCTURE.
I KNOW THE STAFF IS ENGAGING WITH SOME OF THE RESIDENTS.
I HOPE WE CAN CAN BRING BACK MAYBE IN A TECHNICALLY DIFFERENT WAY.
I THINK THAT'S A CRITICAL THING THE CITY NEEDS TO DO.
AND SO I'M GOING TO STAY ON THIS ONE HOPEFULLY UNTIL WE GET THIS PASSED.
THAT'S IT. THANK YOU, COMMISSIONER KELLY.
SO I WENT TO PAWS IN THE PARK LAST WEEK WITHOUT A DOG.
AND I REALLY WANT TO THANK ALL THE ALL THE CITY STAFF THAT STEPPED UP AND HELPED OUT.
SECOND OF ALL AND SHE'S HERE TONIGHT.
THERE IS A PARK IN ATLANTIC BEACH THAT GOT NAMED MARVIN'S GARDENS.
WELL. MARVIN'S OWNER IS HERE AND SHE WOULD LIKE TO UNNAME IT MARVIN'S GARDENS.
THERE WAS A SIGNBOARD THERE THAT HER DOG SITTER HAD MADE.
BUT IT'S NOT AN OFFICIAL CITY NAME.
AND SHE WOULD LIKE US TO RENAME IT FOR THE PEOPLE WHO DEVELOP THAT END OF THE STREET.
I'LL FINISH IT OUT, SO I'LL JUST TAG ON TO THAT ASPECT.
SANDRA. BUT I'M NOT READY YET.
I WOULD LIKE FOR THE CITY MANAGER TO ADDRESS THIS.
BETWEEN NOW AND THE NEXT MEETING, LET'S HAVE A CONVERSATION ON IT.
AND THANK YOU, CHIEF, FOR STARTING TO ENFORCE THAT.
THAT'S NOT THE ONE I WANTED YOU TO ENFORCE, BUT THANK YOU.
SO, AS YOU KNOW BEACH AVENUE IS A SOUTH TO NORTH ONE WAY STREET, WHICH SHOULD APPLY TO BICYCLES.
[01:10:07]
BUT WHAT I'D REALLY LIKE TO SEE US DO IS HAVE THE CITY MANAGER WORK WITH THE CITY ATTORNEY, WORK WITH CHIEF VIC, AND COME UP WITH THE LANGUAGE AND WRITE AN ORDINANCE TO ALLOW TWO WAY BIKE TRAFFIC ON BEACH AVENUE SO THAT IT'S LEGAL AND NOT JUST SOMETHING THAT WE TURN A BLIND EYE TO.I DON'T WANT TO GET TIED UP IN WHAT WE DO WITH GOLF CARTS, ALTHOUGH THEY SHOULD OBSERVE THE SAME TRAFFIC PATTERNS AS A VEHICLE, BUT E-BIKES AND SO ON.
I WOULD JUST LIKE TO SEE US WRITE AN ORDINANCE THAT SAYS WE ALLOW TWO WAY BIKE TRAFFIC ON BEACH AVENUE, AND THEN ALLOW CITY STAFF TO DEAL WITH WHATEVER SIGNAGE IS REQUIRED.
THERE'S MULTIPLE SOLUTIONS TO PUT SIGNS ATTACHED TO THE EXISTING SIGNS THAT SAY ONE WAY.
AND SO WE DON'T HAVE TO NECESSARILY HAVE MORE POLES AND SO ON.
BUT THE COMMISSIONERS, DO YOU HAVE ANY OBJECTION WITH THE CITY MANAGER AND CITY ATTORNEY WORKING WITH CHIEF VIC AND BRINGING SOMETHING TO US AT THE NEXT MEETING THAT WE CAN DEBATE AND POSSIBLY PASS? I DON'T HAVE ANY PROBLEM WITH IT.
I WAS VERY UPSET BECAUSE I WAS NOT ASKED.
NONE OF US WERE ASKED OUR OPINION, ALTHOUGH IT WAS SAID THAT IT WAS VOTED ON BY US.
AND IT WAS VERY UPSETTING BECAUSE I'VE BEEN RIDING THAT THING THE WRONG WAY FOR 30 YEARS.
[LAUGHTER] AND I'VE SEEN YOU VIOLATE IT.
I THINK THIS IS A THIS IS YOU KNOW, I WE COULD GET INTO THE E-BIKE SITUATION AT ANOTHER TIME BECAUSE I THINK, YES, I DON'T WANT, YOU KNOW, WE CAN GET MOTORIZED VEHICLES ANOTHER TIME BUT I WAS JUST, I WAS JUST UPSET BECAUSE.
WHAT WE'VE BEEN DOING FOR ALL THESE YEARS, THAT WAS MY BEEF.
AND YEAH, I WOULD FULLY WANT YOU GUYS TO TALK AND GET THIS WORKED OUT.
ARE YOU OKAY WITH THAT, COMMISSIONER? SURE IT'S NOT A FINAL VOTE.
SO I'LL JUST PUNCTUATE IT AND LEAVE IT WITH THIS THOUGHT.
I CHOSE TO MOVE TO WHERE I LIVE BETWEEN 5TH AND 6TH ON BEACH AVENUE.
THEY'RE COMING FROM THE NORTH.
ALL OF A SUDDEN THERE'S A RUNNER IN THE MIX, AND THEN THERE'S A SKATEBOARD AND AN E-BIKE.
I BELIEVE MANY OF OUR RESIDENTS CHOSE THAT.
SO I RESPECTFULLY WOULD LOVE TO HAVE A CODIFIED APPROVAL TO HAVE BIKE TRAFFIC IN BOTH DIRECTIONS.
YES. I DO THINK WE COULD DO BETTER WITH BIKE SAFETY IN GENERAL.
MAYBE BEACH AVENUE WAS A FISH IN A BARREL, BUT, YOU KNOW, ALL THE BIKES AT NIGHT WITH NO LIGHTS AND PEOPLE WITH NO HELMETS AND WEARING A BLACK SWEATSHIRT DOWN THE MIDDLE OF THE ROAD, IT'S A WONDER WE HAVEN'T KILLED MORE PEOPLE BY NOW.
SO I KNOW CHIEF VIC IS LISTENING TO THAT.
OKAY, SO WE'RE GOING TO MOVE ON TO ITEM SIX.
WAIT A SECOND. DID I GET EVERYBODY? I DID. OKAY.
[6. CONSENT AGENDA]
WE'LL MOVE TO ITEM SIX.COMMISSIONERS, YOU HAVE ITEM 6, A, B, C, AND D, IS THERE ANY NEED TO PULL ANY OF THOSE ITEMS FROM THE CONSENT AGENDA? HEARING NONE.
HEARING NONE. DO I HAVE A MOTION TO APPROVE THE CONSENT AGENDA? YES. I'LL MAKE A MOTION.
THERE'S A MOTION TO APPROVE IT A SECOND.
AND SECOND. LADAYIJA, YOU HAVE THAT.
ALL IN FAVOR SIGNIFY WITH AYE.
[8.A. RESOLUTION NO. 24-11]
NEXT ITEM.OKAY. RESOLUTION NUMBER 24-11.
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE EXPENDITURE OF A $10,000 DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT AND 10,000 OF CITY FUNDS TO YEWTREE ENVIRONMENTAL SERVICES TO CONDUCT AN INVENTORY OF AND CREATE A MANAGEMENT PLAN FOR THE INVASIVE AND EXOTIC SPECIES ON THE CITY'S COASTAL DUNES. 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.
[01:15:08]
PLAN THAT WOULD IDENTIFY AND REMOVE AND DISPOSE OF INVASIVE SPECIES ALONG THE DUNE STRUCTURE.WE CURRENTLY HAVE A 10,000 IN AMANDA'S BUDGET.
AND FDEP WE'VE BEEN AWARDED A GRANT FOR ANOTHER 10,000.
I THINK IT'S A MEANINGFUL AND USEFUL PROJECT.
SO WE WOULD SEEK YOUR SUPPORT.
OKAY. ANY DISCUSSION? OKAY, THEN DO WE HAVE A MOTION TO MAKE A MOTION TO APPROVE RESOLUTION 2411? I SECOND. SECOND.
ANY FURTHER DISCUSSION? CAN WE UPROOT TOURISTS? NO. BUT OKAY.
HEARING NO FURTHER DISCUSSION.
ALL IN FAVOR SIGNIFY WITH AYE.
[8.B. RESOLUTION NO. 24-13]
ITEM 8B RESOLUTION NUMBER 24-13.A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING THE REPLACEMENT OF HVAC UNITS IN CITY HALL AND THE COMMISSION CHAMBER 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.
MR. KILLINGSWORTH. THANK YOU AGAIN, MR. MAYOR. SO THERE ARE THREE HVAC UNITS IN THE CHAMBERS HERE AND THE ADMINISTRATIVE BUILDING NEXT DOOR THAT ARE SCHEDULED TO BE REPLACED.
WE PUT OUT A BID, A REQUEST FOR BIDS, AND WE GOT FOUR QUOTES BACK, AT THE LOWEST OF WHICH WAS BUEHLER AIR CONDITIONING AT $42,468. THERE IS $40,000 IN THE PUBLIC WORKS MAINTENANCE ACCOUNT AND ANOTHER 15,000 THAT WAS BUDGETED FOR HVAC UNITS AND THE ADMINISTRATIVE ACCOUNT WHICH, QUITE FRANKLY, I DON'T UNDERSTAND WHY, BUT THAT'S THE WAY THE MONEY WAS SPLIT OUT.
ONE THING TO ADD BUEHLER IS OWNED BY A RESIDENT OF ATLANTIC BEACH.
IF THAT MAKES [INAUDIBLE]. OKAY.
ANY DISCUSSION? ACTUALLY, I'LL TAKE A MOTION.
MAKE A MOTION TO APPROVE RESOLUTION 24-13.
SECOND. WE HAVE A MOTION AND A SECOND.
ANY DISCUSSION? HEARING? NONE. ALL IN FAVOR SIGNIFY WITH AYE.
AYE. OPPOSED? THAT'S UNANIMOUS AS WELL.
MOVING TO RESOLUTION NUMBER 24- 14, ITEM 8C I'M GOING TO ACTUALLY TABLE THAT FOR NOW BECAUSE WE ACTUALLY HAVE TO FINISH APPROVING ORDINANCE NUMBER.
WELL ITEM 9A BEFORE WE CAN DO THAT.
SO WE'LL COME BACK TO THAT IF YOU'RE OKAY WITH THAT.
AFTER WE GO THROUGH ORDINANCE NUMBER 20-24-172.
[8.D. RESOLUTION NO. 24-15]
ORGANIZATIONAL MISSION STATEMENT, PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE.SO THIS IS THE MISSION STATEMENT THAT I IDENTIFIED DURING THE PRIORITY MEETINGS.
OKAY. WILL THAT BE KNOWN AS THE KILLINGSWORTH PROCLAMATION OR WHAT ARE WE CALLING THAT? [LAUGHTER] ONLY INFORMALLY.
DO WE HAVE A MOTION TO APPROVE RESOLUTION NUMBER 24-15.
AND A SECOND FROM COMMISSIONER WATERS.
YES. ANY DISCUSSION? ALL IN FAVOR SIGNIFY WITH AYE.
[9.A. ORDINANCE NO. 20-24-172, Public Hearing and Final Reading]
READING. AND I DIDN'T MENTION THAT EARLIER.SO WE DO HAVE A PUBLIC HEARING.
DO WE NEED TO GO AHEAD AND DO THAT NOW? YEAH. GO AHEAD AND READ THE TITLE.
READ IT. AND BILL, IF YOU WANT TO SAY A FEW WORDS ABOUT IT AND THEN OPEN UP THE PUBLIC HEARING.
YEAH. I'M SORRY. IT'S RIGHT HERE.
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1ST, 2023 AND ENDING SEPTEMBER 30TH, 2024, AND PROVIDING AN EFFECTIVE DATE.
MR. KILLINGSWORTH. SO THIS IS THE SECOND HEARING FOR THE FUNDING FOR THE LIFEGUARD STATION TO MAKE UP THE DIFFERENCE BETWEEN WHAT WAS BUDGETED AND WHAT WAS QUOTED. SO IT WOULD MAKE THE TOTAL APPROPRIATION $1,217,200.
ORIGINALLY, $562,500 WAS COMING FROM THE CITY OF JACKSONVILLE.
THERE IS A BILL THAT WAS INTRODUCED TO AWARD US ANOTHER $200,000.
[01:20:05]
SHOULD THAT BILL BE ADOPTED, WILL COME BACK AND ASK TO APPROPRIATE THAT $200,000.AND ALL WE'RE GOING TO DO THERE IS CREATE AN ACCOUNT AND SO THAT WE CAN BE REIMBURSED.
BUT THIS APPROPRIATION WILL APPROPRIATE THE TOTAL AMOUNT.
OKAY. THANK YOU. ALL RIGHT WE'LL OPEN UP THE PUBLIC HEARING.
LADAYIJA, DO WE HAVE ANY SPEAKERS FOR THIS? NO. OKAY.
DOES ANYBODY WISH TO SPEAK? YES, MA'AM. COME ON UP.
OKAY, I'LL CLOSE THE PUBLIC HEARING AND OPEN UP DISCUSSION.
WELL, ACTUALLY, I KEEP MISSING.
DO WE HAVE A MOTION? I MOVE THAT WE APPROVE ORDINANCE NUMBER 20-24-172.
WE HAVE A MOTION AND A SECOND? NOW WE OPEN IT UP FOR DISCUSSION.
I THINK WE'VE HAD A LOT OF DISCUSSION ALREADY.
I THINK IT'S TIME TO STOP THE BLEEDING.
JUST BUY IT. I THINK IT'S TIME TO GET IT DONE.
OKAY. ALL IN FAVOR SIGNIFY WITH AYE.
AYE. OPPOSED? UNANIMOUS. THANK YOU.
NOW WE WILL REVERT BACK TO ITEM 8C.
[ 8.C. RESOLUTION NO. 24-14]
WHICH IS RESOLUTION NUMBER 24-14.A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE CITY TO AMEND ITS DESIGN SERVICES CONTRACT WITH AKON CONSTRUCTION TO COMPLETE DESIGN BUILD SERVICES FOR THE RECONSTRUCTION OF THE ATLANTIC BEACH OCEAN RESCUE STATION.
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. MR. KILLINGSWORTH. THANK YOU, MR. MAYOR. SO THIS RESOLUTION WOULD AUTHORIZE STAFF TO ENTER INTO ESSENTIALLY THE CONSTRUCTION PHASE OF THE DESIGN BUILD CONTRACT THAT WE HAVE WITH THEM RIGHT NOW, WE'RE CURRENTLY AT 30% DESIGN.
SURE. SO I KNOW, YOU KNOW, WE'VE BEEN THROUGH THIS.
WHAT'S THE SOMEBODY ASKED ME THE OTHER DAY, WHEN DO YOU THINK THAT THAT THING WILL OPEN? I MEAN, IN YOUR HUMBLE OPINION.
SO WE HAVE CHIEF VIC HERE, BUT I WOULD BE SURPRISED IF IT WOULD BE OPEN FOR THIS SUMMER SEASON.
25 BUT CERTAINLY BY THEN, I THINK.
THANKS. DO WE HAVE A MOTION TO APPROVE? I MOVE THAT WE APPROVE RESOLUTION 24-14.
SECOND. WE HAVE A MOTION AND A SECOND FROM COMMISSIONER KELLY, ANY FURTHER, ANY DISCUSSION? OKAY. ALL IN FAVOR SIGNIFY WITH AYE.
THANK YOU FOR THAT UNANIMOUS VOTE.
OKAY, SO NOW MOVING BACK TO THE END.
[11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS]
WE'RE AT ITEM 11.CITY ATTORNEY AND CITY CLERK REPORTS.
THAT'S RIGHT. SO LADAYIJA, DO YOU HAVE A REPORT? I JUST WANTED EVERYONE TO KNOW THAT WE HAVE A NEW RECORDS MANAGEMENT SPECIALIST.
THAT'S BAPTISM BY FIRE TONIGHT.
I JUST WANT TO MENTION LAST WEEK OR LAST MEETING, I THINK I HAD MENTIONED THAT OUT OF THE LAST LEGISLATIVE SESSION, THERE WAS A NEW PIECE OF LEGISLATION REGARDING PUBLIC CAMPING. PUBLIC SLEEPING.
IT HADN'T BEEN SIGNED BY THE GOVERNOR AT THAT POINT.
IT HAS BEEN SIGNED BY THE GOVERNOR THE LAST FIVE DAYS ON MARCH 20TH.
SO THERE'S A LITTLE BIT OF TIME, BUT I SO I'VE TALKED TO THE CITY MANAGER.
COMMISSIONER RING, I THINK YOU HAD SOME QUESTIONS.
PROBABLY ALL OF YOU. WE'RE GOING TO LOOK AT IT.
[01:25:01]
WE'LL GET IT ALL TOGETHER AND BRIEF YOU ON IT AT A LATER DATE.BUT JUST WANTED YOU TO KNOW THAT'S ON OUR RADAR, AND WE'LL TAKE A LOOK AT IT.
THAT'S IT. JUST IN TIME FOR THE RISK MANAGEMENT.
OKAY. MOVING TO ITEM 12, CLOSING COMMENTS.
[12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER]
LET'S START AT THE OTHER END THIS TIME.THANKS. THANK YOU, COMMISSIONER.
COMMISSIONER KELLY. YEAH, I DO HAVE CONCERNS ABOUT THAT, THAT ORDINANCE.
AND YOU KNOW, WE HAVE A GREAT RELATIONSHIP WITH CITY [INAUDIBLE] AND THE OTHER ALL THE OTHER HOMELESS COALITIONS, BUT IT'S GOING TO BE EXPENSIVE, I THINK.
I DID EMAIL CHIEF GUALILLO ALONG WITH BILL AND JASON EARLIER TODAY ABOUT IT, AND I LOOK FORWARD TO SEEING WHAT YOU THREE COME UP WITH.
MR. KILLINGSWORTH. THANK YOU, MR. MAYOR. SO I'M GOING TO WALK AWAY TONIGHT WITH TWO TASKS.
THE FIRST ONE RENAMING THE PARK.
I THINK THAT WOULD BE PRETTY EASY.
SO SHE STARTS TECHNICALLY, SHE ONBOARDS THIS FRIDAY.
SHE'LL BE IN THE OFFICE ON MONDAY.
AND FOR BETTER OR WORSE, HER FIRST NAME IS ADRIANA, WHICH IS THE SAME AS MY WIFE'S FIRST NAME.
[LAUGHTER] OKAY A LOT OF INFORMATION THERE.
MR. KILLINGSWORTH, THAT'S GOOD NEWS.
SO I'LL JUST CLOSE BY SAYING I'M VERY INTERESTED IN THE NO CAMPING ORDINANCE OR ACTUALLY THE FLORIDA STATUTE THAT HAS BEEN SIGNED BY THE GOVERNOR AND I DON'T ASSUME AT THIS POINT THAT IT IS A HIGH COST TO THE CITY.
IT'S THE ISSUE IS THERE'S A RISK TO THE CITY.
I THINK THAT'S GOING TO BE WHAT LEGAL HAS TO WORK THROUGH IS WHAT RISKS DO WE ASSUME BY NOT ENFORCING THAT STATUTE? BECAUSE THAT'S THE BIG DEAL, IS IF YOU DON'T ENFORCE IT AND SOMEBODY SUES ON IT THE CITY CAN BE LIABLE AND OR THOSE RESPONSIBLE.
SO VERY MUCH LOOKING FORWARD TO THAT.
BUT LET'S TRY TO DO IT AS QUICKLY AS POSSIBLE.
BUT DO FEEL FREE TO STOP BICYCLISTS THAT ARE NOT OBEYING.
I'M TALKING ABOUT E-BIKES AND GIVE THEM A TALK.
SOME OF THEM ARE NOT, BUT WOULD LOVE TO SEE A LITTLE BIT MORE COACHING WITH THE CITIZENRY.
ANY FURTHER COMMENTS? HAPPY EASTER. HAPPY EASTER.
OKAY. IF THERE'S NOTHING FURTHER, THIS MEETING IS ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.