02-12-07MINUTES
REGULAR CITY COMMISSION MEETING
February 12, 2007
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor Donald Wolfson Commissioner Sylvia N. Simmons
Mayor Pro Tem J. Dezmond Waters III City Attorney Alan C. Jensen
Commissioner Mike Borno City Manager Jim Hanson
Commissioner Jamie Fletcher City Clerk Donna L. Bussey
Call to Order/Pledge Mayor Wolfson called the meeting to order at 7:15 p.m. The Pledge of Allegiance to
the Flag followed the Invocation, given by Commissioner Fletcher.
Mayor Wolfson welcomed the audience and explained the process for public
comments.
Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on
January 22, 2007.
Motion: Approve the minutes of the Regular Commission Meeting on
January 22, 2007 as written, with minor typographical chanEes.
Moved by Borno, seconded by Waters.
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors.
Mayor Wolfson opened the floor to visitors and explained the process for public
comments. T'he Mayor noted that the request for Use-by-Exception Item 8A was
deleted from the agenda because the Use-by-Exception request has been withdrawn.
Michael Hoffman, 176 Camelia Street, summarized a study entitled "The Effect of
Air Pollution on Lung Development from 10 to 18 Years of Age" and stated he would
give the City Clerk a copy. He stated that the Commission should consider creating a
greenbelt to block out the air pollution, noise, etc. from the Flyover, Atlantic Blvd. and
Mayport Road and stated the City Manager should contact Steve Pace with the City of
Jacksonville.
Pat Pillmore, 995 Camelia Street stated she is against increasing the deposits for the
community centers. She also mentioned an article she read in the Beaches Leader
regarding affordable housing and felt the range of prices for homes will not help those
who need affordable housing. Ms. Pillmore also stated the new police cars in St. Johns
County should not be the type we use in Atlantic Beach.
February 12.2007 REGULAR COMMISSION MEETING Page Z
Michael Freed of Brennan Manna & Diamond Law Firm, 76 S. Laura Street,
Suite 2110, Jacksonville, stated he will be representing the people living near the
Selva Marina Country Club and just wanted to introduce himself. He stated his clients
are very interested in the proposed amendment to the comp plan that may lead to a
rezoning and redevelopment in close proximity to their homes. He stated his clients are
not anti-development or against the country club and realize something needs to be
done. He stated the plan proposes a road in their backyards with a berm behind that,
which will substantially increase the traffic where their families live and play. He
stated the plan also would put multi-family housing in their backyards, where they now
have a preserve or golf course view. He stated his clients feel very strongly about
having some input in these things as well as looking at all of the alternatives before
anything is agreed on. Mayor Wolfson asked Mr. Freed if he was familiar with the
process and Mr. Freed stated he understands that at this point there has been a proposed
amendment to the comp plan and there is nothing on the agenda per se other than a staff
report that will introduce the Commission to that. Mayor Wolfson stated he believes
the next step is that this goes to the Community Development Board which will be
evaluating/reseazching this project to determine what recommendation they will make
to the Commission for consideration. He encouraged Mr. Freed and his clients to
attend that meeting on February 20, which will be a public hearing.
Jack Robbins, 1435 Linkside Drive, as the President of the Selva Linkside
Homeowners Association Unit 1, stated Unit 1 has not decided to pursue anything
legally at this point or to hire an attorney. He stated they aze working with the Club
and he has a meeting next week to speak with the President of the Club to present a
new proposal. He stated Unit 1 will also attend the meeting on February 20, 2007. He
stated they aze very concerned, as is Unit 2, and although they may not be able to stop
the development they would like to have input as to the impact to the Selva Linkside
Development. Secondly, regarding the pazcel of land neaz 11 ~' Street and Linkside
Drive that has recently changed hands, Mr. Robbins stated if developed, they want it to
be with minimal impact to the environment. He stated this pazcel of land protects
Linkside from flooding. He stated they may not be able to stop the development but
want to be involved when it is represented to the Commission or to the Community
Development Boazd. Thirdly, regarding the speeding and running of stop signs in
Linkside Chief Thompson said they would police it instead of putting in speed humps.
He said he has not seen the police there and still sees people speeding and running stop
signs. He called Chief Thompson this morning and said as he was coming before the
Commission tonight, if they were not going to police the azea then he wants the speed
humps installed on Sandpiper and Linkside to 11 `h Street which will deter the speeders
and resolve issue of people cutting through the neighborhood, including public works
construction vehicles cutting through his neighborhood. Mayor Wolfson responded the
City Manager's report will address this issue.
No one else in the audience spoke and Mayor Wolfson closed the courtesy of the floor
to visitors.
February 12.2007 REGULAR COMMISSION MEETING Pace 3
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous
Meeting A. City Manager's Follow-up Report
City Manager Jim Hanson referred the Commission to his written report, which is
attached and made part of this official record as Attachment A. His report addressed
the following topics: Traffic on Selva Linkside, Jordan Park Site for Possible Location
of Police Building, Ambrosia Beetles, and the Moody Marine Property Development.
Mayor Wolfson asked that the traffic issue be brought back up for further discussion
with Mr. Robbins and Chief Thompson when he returns. He asked if the Chief was still
policing this area and Mr. Hanson replied yes he is.
Mr. Hanson requested Sonya Doerr report on the status of the comp plan amendment
proposed for Selva Marina Country Club and the Moody Marine development. Ms.
Doerr responded the Selva Marina Country Club application, which will come before
the Community Development Board this Tuesday night, is the first phase of a two-part
process as established by state law for comprehensive plan amendments. She stated
this is an amendment to the future land use map to designate the property that is
currently the golf course and the old air strip from its current designation of recreation
and open space to residential low density. She stated there is no development plan or
rezoning to be considered at this time. She stated if the Commission votes to transmit
the application to the state, it will go to the Department of Community Affairs, DEP,
the Water Management District, DOT, and the Regional Planning Council for review.
It will then come back to the City with a report and will go into the adoption phase with
more public hearings. Ms. Doerr reported there is a similar process occurring in
Jacksonville regarding the Moody Marine site. She stated it has gone through the
transmittal phase and the Regional Planning Council recommended denial of that
amendment related to a need for more information on hurricane evacuation and traffic
studies that had not yet been supplied. Commissioner Fletcher stated that he made the
motion at the Northeast Florida Regional Planning Council to deny the amendment for
the Moody property.
Mr. Hanson stated the Mayor sent a letter to JEA expressing concern about the closing
of the branch office in Atlantic Beach. Upon receiving the City's letter, Mr. Hanson
stated JEA called and asked to set up a meeting. He stated the City agreed to a meeting,
tentatively scheduled for later this week, providing JEA's Executive Director, Jim
Dickinson, join in.
Consent Agenda 4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE
CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE
ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL
BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS
DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING
DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN
PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS.
February 12, 2007 REGULAR COMMISSION MEETING Pace 5
B. Ordinance No. 95-07-93, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 5, BEACHES AND
PARKS, SECTION 5-32, FEES AND CHARGES AND PROVIDING AN
EFFECTIVE DATE
Mayor Wolfson opened the floor to the public. No one from the audience spoke so the
Mayor closed the floor to the public.
Commissioner Borno asked that the Ordinance be deferred to the next Commission
meeting so staff has the opportunity to do a re-write he discussed with the City
Manager. Commissioner Simmons asked that he explain what the re-write was.
Motion: Defer Ordinance No. 95-07-93 until nett Commission meetin for further
re-write.
Moved by Borno, seconded by Simmons.
Commissioner Borno stated the changes are not clear and wanted to give staff the
opportunity to clean up the Ordinance. Commissioner Simmons and Mayor Wolfson
concurred with Commissioner Borno. Commissioner Waters pointed out the
capitalization at the beginning of each line needs to be corrected to lowercase.
Commissioner Simmons also asked that usage fees be separated out from refundable
deposits. Mayor Wolfson suggested that the Commissioners work with the City
Manager to ensure their thoughts are clearly reflected in the re-write.
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Miscellaneous 8. Miscellaneous Business
Business
A. Public Hearing- Request from Auto Systems 2000 Plus, Inc. for aUse-by-
Exception (UBE-2007-01) to allow for the sale of used automobiles on a
developed site within the Commercial General (CG) Zoning District located at
1075 Atlantic Boulevard (City Manager)
Mayor Wolfson restated that the applicant has withdrawn his application for Use-by-
Exception, thereby removing Item 8A from the agenda.
City Manager 9. City Manager
A. City Manager's Report
City Manager Jim Hanson reported emergency repairs were made on the blowers at
each of the wastewater plants. The blower on the #2 Wastewater Plant had a bearing
failure and a rebuilt blower will be purchased for $11,625 and the blower at the main
February 12, 2007 REGULAR COMMISSION MEETING Page 6
wastewater plant is over 20 years old and was sent out for a rebuild for $13,601.
Secondly, Mr. Hanson reported Governor Christ has made several changes to property
tax laws in Florida including a number of proposals to allow portability and a cap on
city and county taxes, which will have a dramatic effect on municipal budgets across
the state. Mr. Hanson stated Governor Christ's proposal to increase the homestead
exemption from $25,000 to $50,000 would cost the City of Atlantic Beach about
$266,000/year in reduced property tax revenues. Mr. Hanson urged the Commission to
pay close attention to the proposals from the legislature this year.
Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney
City Commissioners
City Attorney A. Recommendation for reappointments to the Tree Conservation Board.
B. Recommendation for new appointment to the Tree Conservation Board.
Motion: Approve Reappointment of Stephanie Catania to the Tree Conservation
Board.
Moved by Wolfson, seconded by Fletcher.
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0 -
MOTION CARRIED
Motion: Approve Reappointment of Carole Varney to the Tree Conservation
Board.
Moved by Wolfson, seconded by Fletcher.
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0 -
MOTION CARRIED
Motion: Approve Reappointment of Jim McCue to the Tree Conservation Board
Moved by Wolfson, seconded by Simmons.
Votes:
Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0 -
MOTION CARRIED
February 12.2007 REGULAR COMMISSION MEETING page 7
Motion: A~nrove Aunointment of Brea Paul to the Tree Conservation Board.
Moved by Wolfson, seconded by Waters.
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0 -
MOTION CARRIED
Mayor Wolfson stated at the last Commission meeting he requested the minutes be
reviewed regazding the approval of Joshua Putterman's appointment to the Community
Development Boazd. He stated, for the record, after reviewing the minutes he
concludes with the minutes as written, it was properly recorded, and the appointment
was duly made.
Commissioner Borno
• Questioned the content of Comprehensive Emergency Management Plan they
received notification of and if the Commissioners should read it. Mr. Hanson
stated he has reviewed the Plan and it is available in the City Clerk's office if
anyone wants to review it. He stated it takes the federal standazd for the instant
command system and explains how it fits organizationally in the City of
Jacksonville's Emergency System. Commissioner Borno questioned whether it
addresses Atlantic Beach specifically of just the county overall. Mr. Hanson
stated it is almost entirely county overall but does mention that Atlantic Beach
partners in certain task forces.
• Stated the JCCI 2006 Quality of Life Progress Report which they were given
notice of also probably does not address the City of Atlantic Beach so he will
not read it either.
Commissioner Fletcher
• Reported on his trip to Washington, DC for the Florida League of Cities
Federal Action Strike Team (FAST) and stated he was able to meet personally
with Senator Bill Nelson, Congressman Ander Crenshaw, Congresswoman
Corrine Brown, and Congressman Stern to discuss the CDBG grants which
help with affordable housing and parks, the Broadband Investment and
Consumer Choice Act. He stated that Congressman Crenshaw stated that for
every dollaz we spend on beach renourishment we receive $8 back in tourists,
just on the northeast Florida coast. They also spoke about crime particulazly
with Congresswoman Brown, who is coming to town shortly, and he will be
attending a rally with her. They also spoke about global warming and that day
Senator Nelson had spoken on the floor of the senate about global warming.
• Regazding how the Commission functions, he stated he has been a team
development expert for over 20 years helping many local businesses. He stated
that in politics the quiet is the deception and in a truly representative
government failing to take the time to hear the voice of the people is failing to
hued the will of the majority of people. He stated he feels there should be long
February 12.2007 REGULAR COMMISSION MEETING Page 8
and loud debate, which he believes the Mayor has accomplished tremendously
in the past year.
Commissioner Waters
• Thanked Commissioner Fletcher for going to Washington and commended the
Commission for getting involved in State and National levels.
• Questioned the City Manager about the renovations going on at the Sea Turtle.
Mr. Hanson stated they are renovating each of the rooms and the lobby
entrance. He requested that the Commission receive a summary of permits for
new construction and renovation that has an impact on the City so they can stay
abreast of these things. Commissioner Simmons agreed this would be helpful
in responding to the questions of the citizens. Mayor Wolfson asked Mr.
Hanson if that was something that could be prepared. Mr. Hanson stated he
would see what type of report he could prepare and said he tries to make the
Commission aware of the major projects before they get to the printed stage.
He said they could do some type of summary but the major ones they would
have already heard from him about in weekly briefings, but he will see what he
can do to get a summary report out. Mayor Wolfson stated that good
communication from Mr. Hanson should continue and asked that he continue to
give the Commission as much information on major projects in the future.
• He also mentioned that 18~' St and Saturiba are in need of repair.
• He also believes Commissioners should be informed of visible crime scenes on
major arteries.
Mr. Hanson
• Reported on the crime spree of burglaries and car break-ins of the past few
weeks and congratulated the three beaches police departments on their work in
catching the culprits. Mayor Wolfson agreed that all agencies that were
involved should be commended on the apprehension of the perpetrators of these
crimes.
Mayor Wolfson
• Stated that although he has not spoken with Mayor Brown again, he was totally
in favor of an agreement the last time they spoke and he hopes that by the next
meeting they will have a commitment from the City of Neptune Beach to move
forward with the drafting of the Interlocal Agreement between Neptune Beach
and Atlantic Beach to address the Town Center.
• He also reported on an article that appeared in the Beaches Leader after the last
meeting that pertained to the efficient use of the Commission's time. He stated
after speaking with the City Manager he does not believe there are any issues
relative to the inefficiencies of time. The idea was to determine whether or not
we would move our meeting earlier, which will be discussed in strategic
planning, so we can finish earlier and if we need additional time we won't be
here excessively late. He stated there are different styles of conducting
meetings and feels very sincerely about giving the Commissioners the
opportunity to debate and the opportunity for the citizens to come before us.
We are here as public servants and we are here to listen to citizens. Any citizen
who wants to come before the commission is welcome to do so and to
communicate to us about any issue they may have. He is a firm believer in
February 12, 2007 REGULAR COMMISSION MEETING Page 9
debate and in allowing the opportunity for Commissions to have open and
candid dialog among ourselves in front of the public and they will do their best
to get out of the meeting in a timely manner but sometimes it cannot be
controlled because of the list of people who come before the Commission.
They will consider starting earlier in strategic planning, that was the idea, not
that there is any issue from the Chair about the efficiency of the time because he
respects each and every one of you and the willingness to contribute to the
effort to give candid and straightforward debate regardless what side of the
issue any of us are on. He believes that is healthy for the community and sees
no reason to discontinue that.
Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 8:25 pm.
~--~J
Donald M. Wolfson, Mayor/Presidi Officer
ATTEST:
a~~
Donna L. Bussey, CMC
City Clerk
ATTACHMENT A AGENDA ITEM a 3A
FEBRUARY 12, 2007
Febnlary 5, 2007
MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
FROM: Jim Hans
• pager
SUBJECT: Follow-u Report
Traffic on Selva Linkside; The volume and speed of traffic on Selva Linkside Drive has been
reported on a couple of occasions to the Mayor and Commission. After the most recent report,
questions were asked about the amount of traffic between the hours of 7:00 and 9:00 a.m. and
4:00 and 6:00 p.m. Between the hours of 7:00 and 9:00 am there was an average of 56.5 vehicles
per hour. The lowest average was on a Sunday morning with 30 vehicles per hour during this
time period. The highest average was on Wednesday morning with 69 vehicles per hour.
For the period of time between 4:00 and 6:00 pm, there was an average of 65.3 vehicles per hour.
The lowest average was again on Sunday afternoon with 50 vehicles per hour. The highest
average was on Wednesday afternoon with 80 vehicles per hour.
Again, the overall traffic volume over 24 hours on this street averaged 38 vehicles per hour.
Jordan Park Site for Possible Location of Police Buildin During a second recent workshop
on police building alternatives, the Mayor and Commission expressed an interest in looking at
the City's property in and adjacent to Jordan Park as a possible site for the new facility. City
arch±ects had spent relatively little time evaluating how a building could be situated on the site
because this was not the highest scorir_g location. If this site is to be seriously considered, then
some additional evaluation will be needed to consider the optimum layout for the police building
itself, for the Jordan Park facilities (particularly in reference to the adjoining Jordan Park
Community Center) and a new water well which has been designed for the northern portion of
the site. City staff will use the same architect that prepared the initial report to do a more
thorough evaluation of the Jordan property and will report back to the Mayor and Commission
when that is complete. It is not expected that the work will be ready before the strategic
planning sessions at the end of February. ,
Ambrosia Beetles; It was noted during a recent commission meeting that ambrosia beetles were
destroying some trees in Atlantic Beach. A question was asked about what could be done to stop
them. Attached for your review is a story that was included in the Florida Times Union on
December 9th about the beetle. Unfortunately, the article concludes "there is no known control
for the Red Bay Ambrosia Beetle at this time."
AGENDA ITEM # 3A
FEBRUARY 12, 2007
Moody Marine Property Development; During the week of January 29th, the Northeast Florida
Regional Planning Council (RPC), at their Board meeting reviewed a proposed Comprehensive
Plan amendments submitted to the Department of Community Affairs (DCA) by the City of
Jacksonville, which included the Moody Marine and Shipyard site. (The RPC is one of
numerous reviewing agencies.) The RPC recommended to DCA that the amendment as
proposed not be adopted by the COJ. We have been advised that the main concerns were related
to traffic and hurricane evacuation issues and that the RPC felt additional information was
needed. These comments will go to DCA and will be included within the forthcoming ORC
report.
From this point, Chapter 163, Florida Statutes (the Growth Management Act) sets forth the
procedures that may follow. The application could be amended and additional information could
be provided. DCA will take all comments and any revisions under consideration, and following
the ORC report process, will issue a Notice of Intent to .find the proposed amendment IN
COMPLIANCE or NOT IN COMPLIANCE with the Growth Management Act. If found not to
be in compliance, negotiations for a Compliance Agreement may be entered. The City of
Jacksonville will ultimately make the final decision whether to adopt, adopt with changes, or not
adopt.
Jacksonville.com: Print this story
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AGENDA ITEM # 3A
FEBRUARY 12, 2007
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The Florida Times-Union
December 9, 2006
GARDEN HELP: The destructive red b_y ambrosia beetle
By LARRY FIGART
Special to the Times-Union
Take a drive through certain neighborhoods along the river in Arlington or in Kingsley Plantation, and
you will notice dead and dying trees everywhere. These trees are called red bay (Persea borbonia). Red
bay is a native tree that grows throughout the Southeast. It is very common along the coast on barrier
islands and in the coastal maritime forest.
It is best known for its evergreen leaves that produce a pleasant spicy odor when crushed. Some folks
even use red bay leaves as a seasoning in cooking. It is planted in butterfly gardens because its leaves
are eaten by the spicebush swallowtail larvae. The berries are eaten by many wildlife species.
In the summer of 2005, red bay trees started dying on Kingsley Plantation, a national park on Fort
George Island. Park personnel noticed that red bay trees on the northern tip of the island were wilting
and turning brown. They initially thought that it was damage from salt spray after the storms of 2004.
Soon, trees well inland from the marsh started showing the same symptoms.
An inspection of the dead trees revealed numerous tiny holes up and down the tree trunks. Some of these
holes had a "sawdust string" coming out of the hole. The sawdust strings resemble wood colored Play-
Dohbeing forced out of the holes. These "sawdust strings" would fall apart when touched.
Entomologists from the Florida Department of Agriculture, Division of Forestry and the University of
Florida were called in to help figure out what was killing the trees.
What they found is not very good news. The trees are being attacked by the red bay ambrosia beetle
(Xyleborus glabratus). The beetle is native to India and Southeast Asia and was probably introduced into
the United States in solid wood crates and pallets that were used to transport goods from Asia. This
beetle does not eat the wood of the trees; instead, it tunnels into the tree to lay eggs. The adults carry
with them a fungus that grows on the tunnel walls.
This "ambrosia" is eaten by the developing larvae. It is not the insect, but the fungus, that the beetle
brings with it that actually kills the tree. The fungus is previously unknown but is related to the fungus
that causes Dutch elm disease.
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Jacksonville.com: Print this story
AGENDA ITEM # 3A paQe 2 of 2
FEBRUARY 12, 2007 b
The first symptom that shows up in trees attacked by the red bay ambrosia beetle is usually wilting
foliage that starts out in one section of the tree and then spreads. The foliage then turns brown and dies.
If you remove the bark from an infected tree, you'll see streaks of dark brown stained wood. This is the
reaction of the tree to the fungus.
The red bay ambrosia beetle has the potential to cause a lot of damage to red bay populations. It was
first discovered in the Savannah, Ga., area in 2002 and affected a 40-square-mile area within a year.
On Kingsley Plantation, the mortality went from 10 percent of the red bay trees to 60 percent in a nine-
monthperiod. At this time the range of red bay mortality in Northeast Florida is confined to St. Johns,
Baker, Bradford, Nassau, Clay and Duval counties. However, the beetle is expected to continue to
spread.
The good news, if any, is that the red bay ambrosia beetle has a restricted appetite and has only been
found in the United States on red bay and sassafras. Entomologists are not sure if the beetle will spread
to other Persea species such as swamp bay (Persea palustrus) and avocado (Persea americana).
They are pretty sure that our typical shade tree species, such as oaks and maples, will not be threatened
by this insect. There are many other types of ambrosia beetles native to the United States. These native
beetles colonize dead and dying pine and hardwood trees.
If you notice dead or dying trees other than red bay trees that have sawdust collecting at the base, it is
probably the native ambrosia beetle.
There is no known control for the red bay ambrosia beetle at this time. To avoid spreading the beetle to
new areas, it is recommended that affected material not be transported into areas not currently affected
by the beetles.
Trees that are cut down should be disposed of in a landfill as close as possible without traveling through
counties that are not currently affected by the red bay ambrosia beetle. Firewood from red bay trees
should only be for personal use and should not be transported anywhere.
At this time there seem to be many more questions than answers. With time, it is hoped a control for this
beetle will be found.
Larry Figart is an urban forester with the Duval County extension service.
This story can be found on Jacksonville.com at http://www.jacksonville.com/tu-
online/stories/120906/lif 6669999.shtml.
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