04-27-98 vCITY OF ATLANTIC BEACH
COMMISSION MEETING - April 27, 1998
AGENDA
Call to order
Invocation and pledge to the flag
1.Approval of the minutes of the Regular Commission Meeting of April 13, 1998
2.Recognition of Visitors:
A. Presentation of Resolution No. 98-17 to Lucy Stewart, Principal of Atlantic Beach
Elementary School (Mayor)
B. Presentation of Resolution No. 98-18 to Gabe Goodman, Pastor of Community
Presbyterian Church(Mayor)
3.Unfinished Business:
A. Action on the City Newsletter(City Manager/City Clerk)
B. Discussion and possible action on the proposed improvements at the Atlantic
Boulevard/Mayport Road intersection(Mayor)
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
A. Authorize the Mayor to sign the State of Florida Annual Local Government Financial
Report for Fiscal Year 1996/97 (City Manager)
5. Action on Resolutions:
A. Resolution No. 98-14
A RESOLUTION OF THE CITY OF ATLANTIC BEACH RECOGNIZING
FLETCHER HIGH SCHOOL BOYS SOCCER TEAM(City Manager)
B. Resolution No. 98-15
A RESOLUTION OF THE CITY OF ATLANTIC BEACH RECOGNIZING
FLETCHER HIGH SCHOOL GIRLS SOCCER TEAM(City Manager)
C. Resolution No. 98-19
A RESOLUTION AMENDING THE OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 1997 AND ENDING SEPTEMBER 30, 1998,transferring funds for
Levy Road improvements(City Manager)
Page Two AGENDA April 27, 1998
6.Action on Ordinances:
A. Ordinance No. 90-98-165 - Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING THE
OFFICIAL ZONING MAP OF THE CITY TO INCLUDE THE AREA
INCORPORATED INTO THE CITY OF ATLANTIC BEACH BY ANNEXATION;
TO ESTABLISH ZONING CATEGORIES AND ZONING DISTRICT
BOUNDARY LINES FOR THAT AREA; TO PROVIDE FOR SEVERABILITY;
AND TO SET AN EFFECTIVE DATE (City Commission)
7.New Business:
A. Public Hearing and related action on an application filed by C.B. Universal, Inc., to
operate a cruise ship from Johnston Island, which proposed development is
undergoing a Development of Regional Impact review(City Commission)
B. Authorize the Public Safety Department to hire a full-time Community Service Officer
City Manager)
C. Authorize the City Clerk to hire a full-time Secretary/Records Management Clerk
City Clerk)
D. Appointments to the Cultural Arts Board (3) (Mayor)
E. Appointment to Tree Board (1) (Mayor)
8. City Manager Reports and/or Correspondence:
9.Reports and/or requests from City Commissioners, City Attorney and City Clerk
Adjournment
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 meeting. For your convenience,forms for this purpose are available at the entrance
to the Commission Chambers.
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,Friday,April 24, 1998.
V v
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MINUTES OF THE REGULAR MEETING OF THE ATLANTIC E E
BEACH CITY COMMISSION HELD IN CITY HALL, 800 S S
SEMINOLE ROAD, AT 7:15 PM ON MONDAY, APRIL 27, 1998
PRESENT: Suzanne Shaughnessy, Mayor
Richard Beaver
Mike Borno
John Meserve
Theo Mitchelson, Commissioners
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AND: James Jarboe, City Manager o E
Alan C. Jensen, City Attorney
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Maureen King, City Clerk
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The meeting was called to order by Mayor Shaughnessy. The invocation was
given by Reverend Gabe Goodman of Community Presbyterian Church
followed by the Pledge of Allegiance to the Flag.
1. Approval of the minutes of the Regular Meeting held
April 13, 1998.
BEAVER X
BORNO X X
Motion: Approve minutes of the Regular Meeting held MESERVE X
April 13, 1998 as presented. MITCHELSON X X
SHAUGHNESSY X
Mayor Shaughnessy stated she would like to amend Page 10, the last paragraph
of the minutes to reflect that the radio station was not located on Johnston
Island.
The Mayor then asked for any further corrections or amendments to the
minutes. There being none, the minutes were declared approved as amended.
2. Recognition of Visitors:
A. Presentation of Resolution No. 98-17 to Lucy Stewart, Principal of
Atlantic Beach Elementary School (Mayor)
Mayor Shaughnessy read Resolution 98-17 (adopted 4-13-98) in its entirety
expressing appreciation to Lucy Stewart, Principal of Atlantic Beach
Elementary School, for her assistance in making the city's First Night Event a
great success, and presented her with the framed document.
Mayor Shaughnessy thanked Ms. Stewart for the use of the school facilities and
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April 27, 1998
explained that First Night was the highly successful non-alcohol, family
oriented community celebration of the arts held on New Year's Eve.
Ms. Stewart thanked the Commission for the honor and invited everyone to
attend an Open House for the school's new media center on Sunday, May 3,
1998 from 2:00 - 4:00 p.m.
B. Presentation of Resolution No. 98-18 to Gabe Goodman, Pastor of
Community Presbyterian Church (Mayor)
Mayor Shaughnessy read Resolution 98-18 (adopted 4-13-98) in its entirety
expressing appreciation to Reverend Gabe Goodman of Community
Presbyterian Church for allowing the use of his church building for First
Night festivities, and presented the framed document to him.
Reverend Goodman expressed his gratitude for the honor and briefly explained
the origin of the church's name.
Items 5A and 5B were taken out of sequence and acted on at this time.
A. Resolution No. 98-14
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, RECOGNIZING FLETCHER HIGH SCHOOL
BOYS SOCCER TEAM (City Manager)
BEAVER X
BORNO X
Motion: Adopt Resolution No. 98-14. MESERVE X X
MITCHELSON X X
Coach Brown and members of the soccer team were present. Mayor SHAUGHNESSY X
Shaughnessy read the resolution in its entirety honoring their accomplishments.
Team members were introduced individually and recognized.
Coach Brown thanked the Commission for their support and praised the team
for their commitment to a cause.
There was no discussion and the motion carried unanimously.
B. Resolution No. 98-15
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, RECOGNIZING FLETCHER HIGH SCHOOL
GIRLS SOCCER TEAM (City Manager)
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Minutes Page-3-
April 27, 1998 BEAVER X
BORNO X X
MESERVE X X
Motion: Adopt Resolution No. 98-15. MITCHELSON x
SHAUGHNESSY X
Coach Levine and members of the soccer team were present. Mayor
Shaughnessy read the resolution in its entirety honoring their accomplishments.
Team members were introduced individually and recognized.
Coach Levine also thanked his team for their commitment and stated the
recognition was greatly appreciated.
There was no discussion and the motion carried unanimously.
J.P. Marchioli of 414 Sherry Drive read a letter to the Commission
expressing his disappointment in the cancellation of Dancing in the Street.
Alan Potter of 374 Second Street spoke concerning a recent workshop where
the low morale, low pay scale and high turnover rate at the Fire Department
were discussed, and suggested that no other positions be funded until the
firemen and policemen were given a pay raise to make their salaries
comparable to similar sized cities.
3. Unfinished Business:
A. Action on the City Newsletter(City Manager/City Clerk) BEAVER x
BORNO X
Motion: Authorize Staff to reissue RFP for newsletter services ME SERVE X X
utilizing the same format as the previous newsletter. MITCHELSON X X
SHAUGHNESSY X
City Manager Jarboe and City Clerk King briefly explained the options to be
considered for printing the newsletter.
Commissioner Mitchelson commented he wished to continue the newsletter
with advertising to save the city the printing costs. Commissioner Meserve
agreed that advertising should be included in the newsletter.
Bill McMillan of 363 Fourth Street stated he had previously submitted a
proposal for the newsletter service and would do so again.
B. Discussion and Possible Action on the Proposed Improvements at
the Atlantic Boulevard/Mayport Road Intersection (Mayor)
Mayor Shaughnessy stated that she had requested this item be placed on the
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April 27, 1998
agenda because she had several concerns relevant to the project. She further
stated that the project was at the 30%design stage and recapped the concerns
expressed during the April 13, 1998 Commission Meeting. Of great concern
was that the single lane of the flyover would funnel rapidly moving traffic onto
an already overcrowded Mayport Road and cause access problems for
residential and commercial properties located west of Mayport Road and south
of Levy Road.
Mayor Shaughnessy stated a joint meeting with the City of Neptune Beach
had been tentatively set for May 13, 1998 to discuss this project and other
items of mutual concern.
Commissioner Meserve stated that he did not mind revisiting the matter and
he would like to see the impact of the Wonderwood expressway on traffic
before the flyover is constructed. He felt a representative of the Navy should
be included at the joint meeting,and City Clerk King was asked to call Captain
Jan Gaudio.
Peter Coalson of 1614 Coquina Place, Chairman of the Recreation Board,
read a letter from the Recreation Board concerning the negative impact the
flyover would have on access to Tresca Park.
William McGee of 1831 Selva Marina Drive believed that before engineering
for a project is begun,the people impacted by the project should be involved
to avoid wasting of taxpayer money.
It was explained that the Atlantic Boulevard/Mayport Road intersection
improvements were a Jacksonville Transportation Authority(JTA)and
Metropolitan Planning project, and notices of meetings concerning the project
had been advertised in the newspaper. The Mayor then requested that a
representative from JTA attend the May 13, 1998 meeting and bring visual aids
and also anything they might have on the proposed A-1-A improvements.
J.P. Marchioli of 414 Sherry Drive stated the flyover project was a "lulu" and
he believed it should be canceled.
Patricia Goelz of 1359 Beach Avenue also expressed concern for the impact
the project would have on the park. Mrs. Goelz believed that the current 45
MPH speed limit on Mayport Road was too high due to the number of
pedestrians crossing the road and requested consideration of a 35 MPH speed
limit on the Atlantic Beach portion of the road.
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April 27, 1998
4. Consent Agenda:
A. Authorize the Mayor to sign the State of Florida Annual
Local Government Financial Report for Fiscal Year 1996/97
City Manager)
City Manager Jarboe explained that the report was an annual requirement
of the State of Florida and provided a brief overview of the revenues and
expenditures included in the report.
Motion: Approve Consent Agenda item as presented.
There was no discussion and the motion carried unanimously.
5. Action on Resolutions:
Action on Items 5A and 5B occurred under Item 2 Recognition of
Visitors.
A. Resolution No. 98-14
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, RECOGNIZING FLETCHER HIGH SCHOOL
BOYS SOCCER TEAM (City Manager)
Action taken under Item 2, Recognition of Visitors)
B. Resolution No. 98-15
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, RECOGNIZING FLETCHER HIGH SCHOOL
GIRLS SOCCER TEAM (City Manager)
Action taken under Item 2, Recognition of Visitors)
C. Resolution No. 98-19
A RESOLUTION AMENDING THE OPERATING BUDGET
FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 1997 AND ENDING
SEPTEMBER 30, 1998, transferring funds for Levy Road
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April 27, 1998
improvements (City Manager)
The Resolution was read by title only by Mayor Shaughnessy. BEAVER X
BORNO X X
MESERVE X
Motion: Adopt Resolution 98-19.
MITHCELSON X X
SHAUGHNESSY X
Commissioner Mitchelson commented this was merely a procedural motion to
provide funding for the Levy Road Improvements Project.
It was explained that the $175,482 would be used to construct a 10" water main
concurrent with the road improvements.
Some discussion ensued concerning televising the emergency effluent outfall
line located on the south side of Levy Road. Public Works Director Kosoy
explained that this could be done later, but if done now it would be paid from
the contingency fund for the project.
Commissioner Borno inquired if the line was dry. Public Works Director
Kosoy stated it was not be used at this time and was dry.
Mayor Shaughnessy inquired if the survey of the road right-of-way had been
completed and City Manager Jarboe stated it was finished.
There was no further discussion and the motion carried unanimously.
6. Action on Ordinances:
A. Ordinance No. 90-98-165 - Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
AMENDING THE OFFICIAL ZONING MAP OF THE CITY TO
INCLUDE THE AREA INCORPORATED INTO THE CITY OF
ATLANTIC BEACH BY ANNEXATION; TO ESTABLISH
ZONING CATEGORIES AND ZONING DISTRICT BOUNDARY
LINES FOR THAT AREA; TO PROVIDE FOR
SEVERABILITY; AND TO SET AN EFFECTIVE DATE
Mayor Shaughnessy read the ordinance by title only and stated a Public
Hearing would be held tonight. However, no final action would be taken by
the Commission because the Community Development Board had conducted
its meeting but lacked some pertinent information, and was unable to make its
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recommendation to the Commission as required by Chapter 24-62 of the Code
of Ordinances of the City of Atlantic Beach. It was reported that the Public
Hearing and action on the ordinance would be continued to the May 11, 1998
Commission Meeting. Mayor Shaughnessy then opened the Public Hearing.
Laura Johnston Perkins of Valdosta, Georgia stated her family had owned
the property since 1930 and conducted a business there, and was present to
answer any questions.
Valerie Britt of 378 Tilefish Court,Jacksonville,Florida,representing the
Pablo Point Civic Association, stated they opposed rezoning Johnston Island
CG" - Commercial General because it would allow too intense development
for the area. Ms. Britt presented documentation from a certified land planner
supporting their position.
Tom Dumas of 27 South 32nd Avenue,Jacksonville Beach, Florida,
representing Jim Perkins) supported the C-G designation and displayed a
zoning map showing that the proposed C-G designation was compatible with
the surrounding area. He stated the property was zoned Industrial Waterfront
by the City of Jacksonville prior to annexation. Findings of Fact sheets were
distributed indicating the C-G zoning would be consistent with the City's
Comprehensive Plan when amended, and compatible with existing uses and
zoning.
Access to the island was discussed and a brief history of its development
presented. Information indicating why the property should not be zoned
Industrial Waterfront was also given to each Commissioner, as well as
photographs of the property.
Patricia Goelz of 275 Fifth Street, inquired when the Special Called Meeting
of the Community Development Board would be held and was told it was
scheduled for 7:00 pm on Tuesday, May 5, 1998.
Dorothy Kerber of 365 First Street, inquired if land would be needed for a
turn around where the ship would dock and inquired as to the land value now
and how much it would increase if it was needed.
Chris Anderson of 1679 Seminole Road,inquired if the Industrial Waterfront
zoning classification would allow the casino ship. He then inquired if the
property was being reclassified to favor the ship.
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April 27, 1998
Mayor Shaughnessy explained that the property had been annexed into the
City of Atlantic Beach and the City needed to establish a zoning classification
for the property and include it in the Comprehensive Plan.
Mr. Anderson questioned the proposed commercial zoning classification,
stating that at the time of the annexation, the property was reported by the news
media that the annexation would add park land, boat access and open spaces
and give the citizens a wide open access to the intracoastal waterway.
Mayor Shaughnessy stated the land was zoned Light Industrial by Jacksonville.
Mayor Shaughnessy then closed the Public Hearing and stated it would be
continued to the May 11, 1998 Commission Meeting.
7. New Business:
A. Public Hearing and Related Action on an Application filed by C.B.
Universal, Inc. to Operate a Cruise Ship from Johnston Island,
which Proposed Development is Undergoing a Development of
Regional Impact Review (City Commission)
A Court Reporter was present for these proceedings and a copy of the
transcription is attached hereto and made a part of this official record.
Documents submitted during these proceedings are on file in the office of the
City Clerk.
B. Authorize the Public Safety Department to hire a Full-time
Community Service Officer (City Manager)
BEAVER
Motion: Authorize the Public Safety Department to hire a full-time
BORNO X
MESERVE X
Community Service Officer for the remaining six months of the MITCHELSON
fiscal year as recommended by Staff. SHAUGHNESSY
Mayor Shaughnessy asked for clarification of the positions requested. City
Manager Jarboe stated the position would be to hire an Animal Control
Officer for the remaining six months of the year and consideration would be
given to hiring a Community Service Officer during the budget process.
Public Safety Director Thompson explained that it was his intent to hire one
person, a Community Service Officer to handle animal control and parking as
stated in the memo dated April 17, 1998 from Chief Campbell.
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April 27, 1998
Discussion ensued concerning the need for a full-time multi-purpose person
Community Service Officer) or an Animal Control Officer, duties to be
performed, rate of pay, benefits, the vehicle the person would use, etc.
After some further discussion, it was determined that the position of Animal
Control Officer was most needed for the summer months.
Mayor Shaughnessy stated she could see the need for additional animal control
but could not justify a Community Service Officer half way through the budget
year.
The motion and second were withdrawn by Commissioners Borno and
Meserve respectively.
BEAVER X
Motion: Hire an Animal Control Officer to work for four summer
BORNO X X
MESERVE X
months at a salary of$7.50 per hour to work different hours than
MITCHELSON X
the current Animal Control Officer. SHAUGHNESSY X X
There was no further discussion and the motion carried unanimously.
C. Authorize the City Clerk to hire a Full-time Secretary/Records
Management Clerk(City Clerk)
BEAVER X
BORNO X X
Motion: Authorize the City Clerk to hire a full-time ME SERVE X
Secretary/Records Management Clerk. MITCHELSON X X
SHAUGHNESSY X
Mayor Shaughnessy briefly explained the request.
There was no discussion and the motion carried unanimously.
D. Appointments to the Cultural Arts Board (3) (Mayor)
Mayor Shaughnessy appointed Nancy Bodge, and reappointed Rosemary
Fletcher and Woody Winfree to the Cultural Arts Board.
The appointment and reappointments were unanimously approved by the
Commission.
E. Appointment to the Tree Board (1) (Mayor)
Mayor Shaughnessy stated she had been unable to speak with the Chairperson
of the Tree Board concerning the appointment and would make the
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April 27, 1998
appointment to fill the unexpired term of Susan Bullock at the May 11, 1998
Commission Meeting.
8. City Manager Reports and/or Correspondence:
City Manager Jarboe
Stated as a point of clarification of some recent media articles, he did
not cancel Dancing in the Street. He explained some of the problems
encountered during last year's event. He further stated the event had
lost some of its family charm and had gotten too big, too quickly.
This year's break would give everyone time to rethink how to conduct
the event.
9. Reports and/or requests from City Commissioners, City Attorney
and City Clerk
Commissioner Borno
Stated he had received several complaints last year concerning Dancing
in the Street, one being that extra restrooms were needed because the
Town Center Merchants could not be expected to provide restroom
facilities for the hundreds of people taking part in the event.
Commented that he would like to receive some accurate
statistics/information concerning the Fire Department. He further
stated he hears complaints but does not see the facts to substantiate the
complaints.
Commissioner Mitchelson
Requested that the City Attorney request an opinion from Attorney
General Butterworth regarding slot machines. City Attorney Jensen
stated he could request it, but doubted it would be received by May 11,
1998.
Mayor Shaughnessy
Stated the Open House for the new Media Center at the elementary
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April 27, 1998
school would be held on Sunday, May 3, 1998 from 2:00 - 4:00 PM.
Reported a 99% collection rate for recycling.
Stated Commissioner Bono's statements were timely and reported the
wage statistics of the Fire Department as being the lowest in nine cities
came from the 1996 Florida League of Cities Wage and Salary Survey.
Some discussion ensued concerning the City of Atlantic Beach's
participation in the survey.
Directed Commissioner Mitchelson to make a recommendation
concerning the appointment of a non-Commission, non-Staff Fire
Department Equipment Committee with the appropriate expertise to
conduct an evaluation of the equipment needs of the Fire Department.
Requested a report on a recent practice fire incident.
Reported the Shade Meeting for Collective Bargaining would be held
Tuesday, April 28, 1998 at 7:15 PM and inquired who could attend the
meeting.
Some discussion ensued concerning who could attend the Shade
Meeting, and City Manager Jarboe stated that in the past the City had
received erroneous information from it's labor attorney concerning who
could be present at the meetings. City Manager Jarboe further stated he
wished to conduct the meetings correctly and the problem stemmed
from the wording in the Florida Statutes which states ..."Chief
Administrative Officer or his representative"...
Mayor Shaughnessy requested documentation on who would attend the
Shade Meeting by noon the following day.
Requested information concerning a proposal from a neighboring city
to take over operation of the Fire Department.
Requested that the City Attorney research whether past meeting(s) to
discuss privatization of solid waste pickup were conducted in the shade.
Inquired as to scheduling the final Goal Setting Session and was
informed it would be scheduled when a commitment from Hugh
Greene (facilitator for the first session) was received.
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April 27, 1998
Adjournment
There being no further comments or business to come before the Commission,
the meeting adjourned at 12:40 p.m.
Suzanne Shaughnessy
Mayor/Presiding Officer
ATTEST:
Ilf,.i
Ma een King, C .C 4
City lerk
Proceedings before the City Commission Multi-Page
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City of Atlantic Beach
Taken on April 27, 1998
Page 3
1 CITY OF
1 PROCEEDINGS
2 ATLANTIC BEACH
2 April 27, 1998 8:45 p.m.3 COMMISSION MEETING
4
3
4 THE MAYOR: All rise. The meeting of the5
6
5 Atlantic Beach City Commission for April 27th,
7 Excerpt of proceedings held on Monday,
6 1998 will come to order.
7
8 April 27, 1998, commencing at 8:45 p.m., City Hall,
9 in Chambers, Atlantic Beach, Florida, before Diane M.
8 THE MAYOR: The next item on the agenda,
10 Tropia, a Notary Public in and for the State of
9 new business,public hearing and related action
11 Florida at Large.
10 on an application filed by C.B. Universal,Inc.,
12
11 to operate a cruise ship on Johnston Island,
13 PRESENT:
12 which proposed development is undergoing a
14 SUZANNE SHAUGHNESSY, Mayor.
13 development of regional impact review, and this
JOHN MESERVE, Commission Member. 14 is from--this is put on by the City Commission15THEOR. M ICHELSON, Commission Member.
MIKE BORNO, Commission Member.
16 RICHARD M. BEAVER, Commission Member. 15 -- actually, it's put on by the state who
17 16 mandates that we conduct this and hold it. I do
18 ALSO PRESENT: 17 not think that the City Commission put it on.
19 JIM JARBOE, City Manager. 18 All right. There are several things to
ALANR E. JENSEN, City AityoDev. 19 update you about. We have advertised for a20GEORGEWORLEY, Community Dev. Director. p
21
MAUREEN KING, City Clerk.
20 public hearing and that will be held tonight,
22 21 but I hope that people are going to understand
23 22 when I tell you that if we don't have the zoning
24 23 in place we cannot do the deliberation of the
25 24 DRI tonight. The public hearing will be held,
25 it will be opened and closed, and I will let--
Page 2 Page 4
1 INDEX
1 I will ask,please, for the city attorney to
2
2 explain the ins and outs of that. We spent a
3 Agenda No.
3 lot of time this week on these issues.
4
5 7(A) Public hearing and related action on an
4 One of the things we did was send a letter
application filed by C.B. Universal, 5 to the state saying that we really did not think6Incorporated, to operate a cruise ship
from Johnston Island, which proposed 6 that this was a DRI. We were --we received--
7 development is undergoing a Development of
Regional Impact review. (City 7 well, I'm going to let Alan go ahead and tell8Commission)
9
8 you. I've talked enough tonight.
10
9 Mr. Jensen, our city attorney,will explain
Page 3.10 the ins and outs.
11
12
11 MR.JENSEN: Okay. First of all, as far as
13
12 the request to the Department of Community
14
13 Affairs that they not consider this as a DRI,I
15
14 got a response back verbal. I've asked for a
16
15 written response or confirmation. They said it
17
16 is,that they've always traditionally treated it
18 17 as such. The statutes don't seem to apply and
19 18 don't specifically list this as a category,but
20 19 they have said it's a DRI and that the
21 20 Commission must go ahead and conduct this public
22 21 hearing.
23 22 Mainly for the commissioners and for the
24 23 benefit of the audience,the Commission is
25 24 sitting in a quasi-judicial capacity. They are
25 to hear evidence up here to make their
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203 Page 1 - Page 4
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1 determination. The evidence they are to 1 genuinely concerned about issues that were
2 consider is legal evidence and not moral or 2 essentially those of morality. The law does not
3 emotional evidence. They have to identify 3 give us a vehicle to decide this issue on that
4 what's competent, substantial evidence and make 4 basis, so would you please, in preparing your
5 their decision based on that. 5 remarks, if you have a long list of morality
6 There may well be moral objections to this 6 issues, it will not be convincing and it will
7 type of operation; however,I must point out 7 not be something that we can use because our
8 that there is nothing illegal about what's 8 standard of judgment prohibits us from doing
9 proposed on the island under this use. And by 9 that. If you would please leave those remarks
10 way of example, there are certainly judges 10 out of your remarks,then maybe we can all go
11 sitting who don't believe in divorce,but if I 11 home before tomorrow; however,we are very
12 take a divorce case in front of that judge and I 12 interested to hear what people have to say.
13 have the appropriate legal evidence,he has no 13 This is about the development of regional
14 choice but to grant the relief I'm seeking. 14 impact for the proposed use of a cruise boat to
15 So this board has to make its decision 15 be moored at the property known as Johnston
16 based on competent evidence not questions of 16 Island.
17 morality and it's difficult because they're not 17 I open the public hearing now.
18 all trained as judges,but I know they're going 18 I am not going to take these in
19 to do the best they can.19 alphabetical order; I hope nobody objects.
20 THE MAYOR: Okay. The procedure to which 20 John Weldon, I have yours on top. Would
21 Mr. Jensen just referred is a quasi-judicial 21 you come forward,please? State your name and
22 proceeding. Land use and zoning matters used to 22 full address for the record.
23 come under an administrative proceeding. I'm 23 Inaudible discussion.)
24 not going to bore you with this, but you need to 24 THE MAYOR: Okay. This is my first one of
25 know this.25 these; I hope it's the last. I am a little bit
Page 6 Page 8
1 It used to come under the administrative 1 ahead of myself.
2 proceeding and that was held to a different 2 Mr. Weldon, if you will allow me to
3 standard. That was held to the standard of 3 retract. You will still be the first to speak.
4 fairly-- and I quote, "fairly debatable." Now 4 We would like to have staff make a
5 the standard--now the procedure has been 5 presentation so that everyone understands what
6 elevated to quasi judicial,which means 6 is involved with this. This is a recommended
7 something on the order of"like a judge," and we 7 procedure for quasi-judicial hearings.
8 are held to a different standard. The standard 8 This shall be the order of the proceeding:
9 is for competent, substantial evidence. 9 Staff presentation on the subject matter of the
10 I will invite everyone in this room to 10 issue including rights and responsibilities of
11 speak on this matter. I have 19 blue slips. 11 all interested persons as well as future
12 That does not mean 19 people may speak; I will 12 proceedings that might be necessary or
13 hear everyone who has public comment about this 13 required.
14 issue. 14 Identify all potential witnesses who are by
15 I will allow three minutes per person 15 factual testimony and place them under oath.
16 because my egg timer is three minutes. I also 16 These witnesses are subject to cross
17 have the jurisdiction to make the rules. I will 17 examination.
18 give a second bite at the apple, so you've 18 Item C, staff presentation of its case
19 really got six minutes. 19 including nature of the application or appeal,
20 I want you please to remember that we are 20 introduction of exhibits and witnesses and
21 sitting here trying to make the best decision 21 summary of issues and recommendations.
22 that we can,that I expect respect and decorum 22 4, applicant presentation of its case.
23 at all times and, again,that as much as you may 23 5,identify any other persons who have not
24 feel very,very strongly-- and I know I've have 24 been called by staff or applicant as witnesses
25 had a number of phone calls from people 25 but who have submitted notices in advance of
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their request to speak to the issue either in 1 project, as he normally would in many of these
2 support of, opposition to or just to ask 2 kind of zoning matters.
3 questions and place them under oath. These 3 Mr. Worley.
4 persons are not subject to cross examination. 4 MR.WORLEY: Thank you. You have before
5 Staff and then applicant should have an 5 you tonight an application for development of
6 opportunity to present rebuttal evidence. 6 regional --excuse me, an application for a
7 G, final argument by applicant. 7 development of regional impact. My voice is
8 H, final argument by staff.8 going.
9 I, Commission may request applicant to 9 This is a request by C.B. Universal,
10 respond to final staff recommendation. 10 Incorporated,to operate a day/dinner cruise
11 J is the part that we will not be doing 11 from Johnston Island. The ship will be moored
12 tonight and that is the Commission acting 12 on the eastern side of the island. It will have
13 because we do not have as part of our 13 on-shore facilities in the form of offices,
14 presentation the zoning in place, again,because 14 buildings that are existing structures,that are
15 of the Community Development Board's inability 15 proposed to be rehabed.
16 to come to a decision because of lack of 16 The ship is proposed to operate up the
17 information. 17 Intracoastal Waterway to the St. Johns River and
18 We would love to be deciding this tonight 18 then out into the Atlantic Ocean. It is
19 and get this off the table,but it is not 19 proposed to be a 255-foot-long vessel and it is
20 judicious to decide without the proper 20 proposed to operate twice per day. The
21 information and we will not do that. 21 passenger capacity is 600,plus or minus,
22 All right. We now have the first part of 22 passengers.
23 the hearing, staff presentation on the subject 23 This issue has gone before the Northeast
24 matter of the issue including rights and 24 Florida Regional Planning Council for review and
25 responsibilities of all interested persons as 25 a recommendation has been provided to the city.
Page 10 Page 12
1 well as future proceedings that may be necessary 1 Their recommendation along with the staff
2 or required. 2 recommendation will be submitted to you--has
3 Mr. Jarboe. 3 been submitted to you,but will be placed in
4 Inaudible discussion.) 4 evidence at this meeting tonight.
5 MR.MESERVE: Mayor, could I ask a question 5 As just a general overview,I think that's
6 before they start or-- 6 sufficient for what the proposal is. I do have
7 THE MAYOR: Of course. 7 information regarding specific recommendations,
8 MR.MESERVE: When are we required to put 8 which will come after presentation by the
9 out the information we have on ex-parte 9 applicant.
10 communications, is that before we vote or-- 10 THE MAYOR: All right. That concludes your
11 THE MAYOR: Yes. It would be prior to the 11 presentation?
12 time we vote and so that would be the next 12 MR.WORLEY: Yes.
13 meeting. 13 THE MAYOR: Do you have witnesses to be
14 MR.MESERVE: Okay. 14 sworn?
15 THE MAYOR: There was some confusion. 15 MR.WORLEY: Yes,we do.
16 Initially we were told that we had to do 16 THE MAYOR: All right. As part of the
17 everything tonight, hear the presentations,17 presentation?
18 debate and deliberation,but in Mr. Jensen's 18 MR.WORLEY: I'm going to defer to
19 examination of the statute it has become clear 19 Mr. Jensen as to the appropriateness of swearing
20 that we have 30 days to render a decision from 20 in now or everyone at once.
21 the night of the public hearing. That's a 21 Inaudible discussion.)
22 change from what we did previously. 22 THE MAYOR: All right. We identify all
23 Mr. Jarboe, I turn it over to you.23 potential witnesses who are to provide factual
24 MR.JARBOE: Mr. Worley,our Community 24 testimony and place all of them under oath at
25 Development Director, has headed up this 25 one time,that means from both the presenter's
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1 and the applicant's side.1 Florida Regional Planning Council as well as
2 All right. We will ask you for that after 2 recommendations from our police department, fire
3 the applicant has a chance to -- well, actually, 3 department,public works department and the
4 that's Item B. 4 building official regarding the structures on
5 Go ahead and identify the witnesses. 5 the island.
6 MR.WORLEY: On behalf of the city, it 6 In that staff recommendation,we have
7 would be myself,possibly the police chief,7 addressed a number of issues,which we felt were
8 possibly the public works director,possibly the 8 local issues as opposed to those issues provided
9 fire department and possibly the building 9 for--by the Regional Planning Council,which
10 official. That would depend upon questions that 10 were more generally regionwide issues.
11 come up during the discussion,but I would like 11 The issues which we addressed in our
12 to have those members sworn. 12 recommendation are-- traffic impacting on
13 THE MAYOR: All right. Thank you. 13 Atlantic Boulevard. We have provided some
14 Do you have people whom you would like to 14 information in the staff report as to the number
15 have sworn as witnesses, the applicant-- as the 15 of vehicle trips expected to be generated by the
16 applicant?16 operation,which is estimated by FDOT and the
17 MR.ROTH: No. No,just ourselves. 17 MPO--excuse me,the Metropolitan Planning
18 THE MAYOR: Thank you. 18 Organization, as 790 vehicle trips per day.
19 Would you issue the oath,please? 19 Given that number of vehicle trips over a
20 MR.ROTH: (inaudible.) 20 span of two operating times, staff has
21 THE MAYOR: The two of you? 21 recommended that a condition be placed on the
22 MR.ROTH: Yes. 22 development order that comes out of this meeting
23 THE MAYOR: Maureen, I'm so sorry. It is 23 at the next meeting that the applicants be
24 part of the regular duties. 24 limited to the operation of their vessel during
25 Would you all rise,please, and come 25 the hours of-- shall not operate prior to
Page 14 Page 16
1 forward? 1 9:30 a.m.,prior to--excuse me, I'm reading it
2 AUDIENCE MEMBERS: (Rise.) 2 backwards --prior to 9:30 a.m.,prior to
3 THE MAYOR: The city clerk will issue the 3 7 p.m., and shall not arrive later than 3 p.m.,
4 oath.4 arriving back at the island. That's to avoid
5 MS.KING: Would you all please just raise 5 the peak times on Atlantic Boulevard as
6 your right hands and respond?6 determined by the MPO,FDOT and Jacksonville
7 AUDIENCE MEMBERS: (Comply.) 7 Transportation Authority.
8 MS.KING: Do you solemnly swear that the 8 The second issue we discussed was the issue
9 testimony you are about to give in these 9 of ingress and egress from the island. The
10 proceedings will be the truth and nothing but 10 Regional Planning Council in one of their
11 the truth? 11 recommendations suggested that FDOT standards be
12 AUDIENCE MEMBERS: I do. 12 used for access to and from the island. We
13 MS.KING: You're sworn. 13 agree with that,but we want to take a step
14 THE MAYOR: Okay. All of you are subject 14 further.
15 to cross examination. 15 Staff recommends that the applicants be
16 All right. Mr. Worley, Pm going to ask 16 required to construct a deceleration lane and
17 you to proceed with Item C, staff presentation 17 acceleration lane to provide safe access into
18 of its case including the nature of the 18 and out of the island onto Atlantic Boulevard to
19 application or appeal,which I think you've 19 allow traffic to merge into the existing traffic
20 already covered.20 flow prior to the operation --prior to the
21 Introduction of exhibits and witnesses and 21 initial operation of the cruise ship.
22 summary of issues and recommendations.22 And following the expansion of the bridge
23 MR.WORLEY: Thank you. Staff has 23 construction over the --the Intracoastal
24 submitted to you as evidence a staff report that 24 Waterway,which is scheduled in the next few
25 includes recommendations from the Northeast 25 years,that they reconstruct an equivalent
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1 acceleration and deceleration lane after the new 1 against access until such future date as it--
2 bridge is constructed or in conjunction with the 2 it can be repaired and operated.
3 construction of the new bridge to provide 3 THE MAYOR: Please repeat that.
4 comparable, safe access to and from the island. 4 MR.WORLEY: I'm sorry. The structure that
5 We've reviewed issues of fire protection on 5 used to be a restaurant is located on pilings on
6 the island. There are two small wells on the 6 the west side of the island is a rehabilitatible
7 island. Our fire department does not believe 7 structure. That structure is not intended for
8 those wells will provide capacity to fight a 8 initial use according to the applicants. The
9 fire on a ship of the size that's proposed. The 9 city recommends that they be required to secure
10 fire department has requested that the 10 the structure to prevent unauthorized access to
11 applicants be required as a condition of their 11 the structure be it by fencing or boarding it up
12 DRI to construct a dry hydrant system,which 12 or some fashion of security to prevent
13 will allow the fire department to pump directly 13 unauthorized access or vandalism or damage prior
14 from the Intracoastal Waterway to fight the 14 to the operation of the ship. It needs to be
15 fire.15 taken out of service,basically.
16 They've also asked that in it a primary 16 The other issue is regarding several
17 system with a fixed pump be provided to provide 17 underground fuel storage tanks that we are aware
18 the initial fire fighting capability. That 18 of. Those underground fuel storage tanks are
19 would obviate the necessity of our fire trucks 19 required by federal law to be removed unless
20 from pumping salt water through the pumps in the 20 they're constructed of a certain material. We
21 truck initially. If that system backfired or 21 do not believe that these are constructed of
22 failed in some manner,we would have an 22 that material. It is the recommendation of our
23 alternative system through the dry hydrant 23 public works department and our fire department
24 system. 24 to remove those structures prior to the
25 The applicants have expressed an interest 25 operation of the cruise ship.
Page 18 Page 20
I in being able to fuel the vessel at the island. 1 In addition to those issues,our police
2 If fueling occurs, the City of Atlantic Beach 2 department and--excuse me, and our fire
3 Fire Department strongly recommends that they be 3 department have requested a fire fighting plan,
4 required to use a-- an approved containment 4 a security plan for the island and the vessel
5 boom system and that no fueling occur unless 5 and deck plans to allow them to see what the
6 they have notified the City of Atlantic Beach 6 vessel will look like prior to operation of the
7 Fire Department in advance that they are 7 vessel to give them an opportunity to have input
8 fueling. That will put us on alert, so to 8 into whatever security measures or security
9 speak. 9 programs are in place as well as the fire
10 THE MAYOR: And that is to protect against 10 fighting efforts that would be put in place.
11 a fuel -- fuel spill? 11 The applicants will be required by state,
12 MR.WORLEY: Fuel spill,that's correct.12 local and federal laws to comply with all
13 The fifth issue is regarding structures on 13 permitting requirements that various agencies
14 the island. Our building official has reviewed 14 have;however, staff recommends that that be
15 those structures. A number of them can be 15 stated in the DRI for clarification purposes
16 rehabilitated or renovated to make them usable 16 that they must comply with all required
17 structures. Those structures which are 17 permitting.
18 rehabilitatible [sic] should be completely 18 As a part of that requirement they must
19 reconstructed,rehabilitated or repaired prior 19 provide to us a hurricane evacuation plan that
20 to operation of the cruise ship operation. 20 will state the location that they intend to
21 Those that cannot be repaired should be removed 21 remove the vessel,that they agree to cease
22 prior to the operation. 22 operations upon notice of a hurricane warning or
23 And the structure that was originally a 23 a hurricane watch--
24 restaurant is an elevated structure and pilings 24 THE MAYOR: Which is it,warning or watch?
25 on the west side of the island must be secured 25 MR.WORLEY: We've recommended watch--
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1 THE MAYOR: Okay. I to fill their water tanks from the artesian well
2 MR.WORLEY: --or upon notice by the 2 on the island but to use that water only for
3 public safety director that hazardous conditions 3 land-based facilities. Those recommendations
4 exist and that they must cease operations and 4 include the recommendation to terminate,cap any
5 we-- 5 wells that are not to be used and that they must
6 THE MAYOR: That's discretionary? 6 not use water from the artesian wells to refill
7 MR.WORLEY: Yes,unless it's a watch. The 7 the tanks on the ship; it must be refilled at
8 watch would trigger it. Other conditions would 8 some other location or by tanker truck.
9 be at the discretion of the public safety 9 Regarding wetland issues,the Regional
10 director or the city manager. There may be 10 Planning Council recommended that prior to the
11 storm conditions,which do not constitute a 1 i fourth month of operation the applicants submit
12 hurricane watch,which require the vessels to 12 a monitoring report to the St. Johns Water
13 cease operation. 13 Management District-- St. Johns River Water
14 THE MAYOR: I understand. Okay. Thank 14 Management District,to the City of Atlantic
15 you. Please continue. 15 Beach as well.
16 MR.WORLEY: The -- attached to that,we 16 That report must reflect soil conditions
17 have provided a copy of the recommendations from 17 and water quality in the waters adjacent to the
18 the Regional Planning Council. I will touch on 18 island. Specifically in regard to the fact that
19 those just briefly to get it into the record on 19 they do not propose hard-based parking,there is
20 tape. That is available in writing. You have 20 a potential for damage to be done to the
21 that as evidence from staff regarding this 21 surface,which would change the water flow from
22 issue. 22 the island into the Intracoastal possibly
23 The Regional Planning Council recommended 23 causing contamination of that area by pollutants
24 approval of the DRI subject to these 24 or simply turbidity.
25 conditions -- 25 They have also recommended that prior to
Page 22 Page 24
1 THE MAYOR: Can I interrupt? 1 commencement the applicant develop a best
2 MR.WORLEY: I'm sorry. 2 management practices plan based on St. Johns
3 THE MAYOR: Just a moment. Will someone 3 Water Management District requirements,that it
4 please close those back doors? The interference 4 be submitted to the District for review to
5 from the crickets is becoming -- 5 provide minimum impacts to water quality.
6 MR.WORLEY: Sorry, I can't speak over the 6 Their last recommendation is regarding the
7 crickets. 7 type of fertilizer to be used on grass parking.
8 THE MAYOR: Thank you. 8 We concur with having the least granular fertil-
9 It is our desire that you be heard.9 --excuse me, fertilizers, and--that's their
10 MR.WORLEY: Thank you.10 recommendation,excuse me.
11 THE MAYOR: Thank you. Would you please 11 Issue Number 4, transportation,this is
12 continue? 12 regarding the number of vehicle trips. This is
13 MR.WORLEY: Okay. From the Regional 13 the section of the Regional Planning Council's
14 Planning Council -- Issue Number 1 from the 14 recommendation wherein they suggested the hours
15 Regional Planning Council was regards to 15 of operation,which the City of Atlantic Beach
16 operation within a wetlands, federal and state 16 staff has adopted as well. Weekday hours will
17 endangered manatee habitat area. They have 17 be off-peak to minimize the amount of traffic
18 suggested that the applicant be required to 18 damage on Atlantic Boulevard.
19 comply with district Corps of Engineer permit 19 Issue Number 5 is access to and from the
20 requirements,that they provide manatee lookouts 20 site. The Regional Planning Council recommended
21 during docking and undocking and that they post 21 that the applicant be responsible for
22 educational signs at the site. 22 construction of all site-related improvements as
23 The second issue is regarding water 23 deemed necessary by FDOT. This recommendation
24 supply. They have made recommendations based on 24 is a precursor or a general version of our local
25 the applicant's expressed intent not to--not 25 staff recommendation that they be required to
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1 put an acceleration lane.1 the police department,the fire department,
2 The Regional Planning Council left it to 2 public works department and building department
3 FDOT to determine the type of geometry to put in 3 indicating their specific interest in the issue.
4 the access location. We felt like the 4 MR.JENSEN: What other documents are
5 acceleration lane was the best, safest for the 5 attached to it?
6 residents and for the use of the--the island. 6 MR.WORLEY: The other document is a copy
7 Issue Number 6 from the Regional Planning 7 of the specific--excuse me, the general
8 Council regards the Wonderwood Expressway. I 8 conditions and specific conditions as
9 think the applicants can provide information on 9 recommended by the Regional Planning Council.
10 their vessel regarding its height. There are 10 MR.JENSEN: Okay. Are that-- are those
11 some height limitations which they must meet to 11 all the attachments?
12 pass under the proposed new Wonderwood bridge. 12 MR.WORLEY: That's correct.
13 Obviously, if they cannot pass under that 13 MR.JENSEN: And you wish to submit that
14 bridge,they must cease operation. That one's 14 into evidence?
15 almost a-- an automatic. 15 MR.WORLEY: Yes,I do.
16 The last issue is hurricane evacuation. In 16 MR.JENSEN: Okay.
17 very general terms,the Regional Planning 17 THE MAYOR: All right. (Inaudible)to the
18 Council recommended that we require the 18 city clerk and submitted.
19 applicants to suspend operation during a 19 At this time would the applicant or
20 hurricane watch and plans for relocating the 20 representative wish to cross examine any--
21 ship to a safe and secure location. Local staff 21 Mr. Worley or any of the other witnesses
22 recommendation adopted virtually the same thing. 22 involved?
23 THE MAYOR: I couldn't hear what you said. 23 MR.ROTH: (Shakes head.)
24 MR.WORLEY: I'm sorry. 24 MR.WADMAN: (Shakes head.)
25 THE MAYOR: You said they recommended with 25 THE MAYOR: All right. The answer to that
Page 26 Page 28
1 the advent of a hurricane watch. 1 was no. The applicants shook their heads.
2 MR.WORLEY: That's correct. 2 May I have your names,please?
3 THE MAYOR: And then it trailed off. 3 MR.WADMAN: John Wadman.
4 MR.WORLEY: I'm sorry. They also 4 THE MAYOR: John Wadman.
5 recommended that the plans for the relocation of 5 MR.ROTH: Chuck Roth.
6 the ship to a safe location during a hurricane 6 THE MAYOR: And Chuck Roth. That's for the
7 watch be submitted to the city for approval. 7 record,who said--who was offered the
8 THE MAYOR: Okay. 8 opportunity and said no.
9 MR.WORLEY: That's a synopsis of the 9 All right. Okay. We completed C.
10 information that's provided in this staff 10 D, applicant presentation of its case.
11 report,which has been submitted to the 11 Would you please come forward and present
12 Commission and which I asked to be put into the 12 your case as applicants, Mr. Wadman, Mr. Roth?
13 record as the staff's position on --on this 13 MR.ROTH: (Complies.)
14 issue. 14 MR.WADMAN: (Complies.)
15 THE MAYOR: Thank you. 15 THE MAYOR: Thank you.
16 Mr. Jensen would like to make a point of 16 MR.WADMAN: My name is John Wadman and I
17 clarification. 17 am the Chief Financial Officer and half partner
18 MR.JENSEN: For purposes of the record, 18 in this venture. Chuck Roth,CEO,and my other
19 the document you're referring to, could you 19 half partner. We're going to make this
20 identify that? 20 presentation together. I'm going to speak on
21 MR.WORLEY: This is titled "Staff Report, 21 some issues and then Chuck is going to speak.
22 Agenda Item, Development of Regional Impact," 22 And we do have some cards over there we'd like
23 and it is dated April 23rd, 1998, submitted by 23 to put on that easel, if I could.
24 George Worley, Community Development Director. 24 THE MAYOR: Certainly. Of course.
25 It contains attached to it memorandums from 25 MR.WADMAN: We have a little outline we're
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1 going to follow with you this evening to make 1 We plan on removing all of the junk and garbage
2 things simple for everyone. 2 on the island and renovate the existing
3 What are we proposing to do? I'm going to 3 buildings for use as ticket sales and an
4 give you a brief description of the boat,the 4 office. We will be installing a lot of palm
5 island and our timetable. The second-- I'm 5 trees and flowers and we're not paving the
6 going to talk to you about traffic and 6 island. We are going to install five mooring
7 everything we've learned from our studies and 7 dolphins and a floating barge to use as our dock
8 from the Florida Department of Transportation. 8 and ramp.
9 We're going to summarize all the agencies that 9 We have a renewable 15-year lease on the
10 have been involved in our project,community and 10 island. Our timetable,when we're going to
11 economic benefits and the top ten questions 11 begin operations,has slipped from September to
12 we're always asked on the street about this 12 October now because of delays in getting
13 business. 13 permitting and other things we've been going
14 Dinner boat description: We will be 14 through.
15 docking a U.S. built,U.S. flag, and U.S. cruise 15 In terms of traffic, again, I wanted to
16 ship that holds 600 passengers and 50 crew and 16 emphasize that we've purposely scheduled
17 service personnel. The vessel's 250 feet-- 17 departure and arrival times to stay out of peak
18 255-feet long and 51-feet wide. Our boat is 18 rush-hour traffic. We'll leave at 9:30 in the
19 approximately the same size as La Cruise at 19 morning not at 7 or 8 o'clock in the morning
20 Mayport. 20 and we're leaving at 7:30 at night not at 5 or
21 The ship will sit on -- in the channel on 21 6 o'clock in the evening.
22 the east side of the island and not the 22 Also I think when people hear that our ship
23 Intracoastal water where a lot of people thought 23 has a maximum capacity of 600 people,they
24 it would be sitting. The vessel will sail two 24 automatically assume that that means 600 cars.
25 times a day and we will have no overnight 25 And,obviously, people do come together with
Page 30 Page 32
1 cruises. The vessel can accommodate corporate 1 friends, like restaurants or theatres. The best
2 functions,parties,meetings,what have you. 2 measure to find out what kind of traffic you can
3 The vessel has two large independent diesel 3 expect to see there is what other ships do in
4 engines and retractable bow thruster that 4 our area, so we've had consultants and Florida
5 enables us to spin around in place. And the 5 DOT review what La Cruise casino has weekday,
6 ship's engines and generators are deep inside 6 week night,weekends,weekdays and the Emerald
7 our hull and not outside. 7 Princess in Brunswick. And you can find out
8 The vessel has an ice-strengthened steel 8 that the average -- or the average trip count
9 hull, a double bottom with local water type 9 for La Cruise ship at Mayport for the day cruise
10 bulkheads. There will be a large sun deck, 10 is about 117 cars and their evening worst-case
11 sports bar, food court,movies, dancing and 11 basis had 159. This is an average. So we're
12 music and gaming when we're three miles off 12 not talking 600 cars,we're not talking 500
13 shore. 13 cars,we're talking 117 average for the day and
14 The island that we're sailing from is 14 evening 159 average.
15 located underneath the Atlantic Boulevard 15 Also I want to mention that we may not run
16 bridge. The property was recently annexed by 16 all the days that we're proposing to. We may
17 Atlantic Beach from the City of Jacksonville. 17 cut back on Tuesday morning, Wednesday morning
18 The previous zoning was industrial waterfront 18 if we find out there's not much of a demand.
19 district and we believe that the City of 19 And something also has to be said,that if
20 Atlantic Beach will zone the property for 20 another vessel comes into town,you don't double
21 commercial use such as ours,which is the next 21 the amount of passengers that are going to be
22 zoning classification under Atlantic Beach 22 able to go out that evening. Obviously,the
23 zoning province.23 amount of people available will be pooled or
24 There used to be a Rumrunners restaurant on 24 shared. We'll probably share some of the
25 the facility and the marina on the west side. 25 La Cruise's passengers just as they share some
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1 of ours. So you won't have all those people 1 It will be within the top ten of sales tax
2 going to La Cruise,you'll have some of them 2 revenue to Atlantic Beach.
3 going to us in the future. 3 We are proposing a Parks and Recreation
4 Okay. I'd like to -- I'm going to show the 4 grant that, if it's met in total and then
5 (inaudible) of the DOT. This is to address 5 potentially doubled by the federal government,
6 everybody's fears about an acceleration lane. 6 can be$100,000 a year and we'd like to see the
7 This is the latest agreed-to plans with the 7 money put into parks and recreation projects
8 FDOT. This is as of Friday afternoon, so it's 8 such as Dutton Island,Tresca Park, Dancing in
9 very current. We'll hold that up to the 9 the Streets, a new baseball field and whatever
10 audience. 10 the city folks feel like the money needs to be
11 You will see that we have an acceleration 11 put. We're not going to be the ones to earmark
12 lane and a deceleration lane being installed. 12 the money. We want the Commission to get--be
13 It's costing us over$100,000 to do this. It 13 able to decide,the city manager to decide how
14 meets public safety and it meets all FDOT 14 the money can be spent.
15 requirements in terms of getting onto the road 15 The community benefits that are not
16 and the speed you need to get up on that road. 16 potentially financial as far as dollars go is
17 The trick on this is we're moving back the 17 the large economic impact to the community,
18 entrance on Atlantic Boulevard a little further 18 basically everything I just stated as a separate
19 east and we're moving the guard rail on Atlantic 19 line item. We're going to have over 100 local,
20 Boulevard a little to the north and putting -- 20 well-paying jobs.
21 or tapering off an acceleration lane in there. 21 The island will be --have a large
22 This has had FDOT's blessing and they liked this 22 beautification package with palm trees --
23 and they also have suggested when the new bridge 23 several palm trees, 30, 40,flowers, and it will
24 is installed that they may opt at that point for 24 be dressed up,cleaned up.
25 a time to signal,which would turn on and off 25 Right now the island looks like a
Page 34 Page 36
I for ten minutes in the afternoon and ten minutes 1 junkyard. We're going to clean up all the trash
2 maybe in the evening and let ten cars at a time 2 that's --this island is the landmark and the
3 go off, depending on how it's signaled,when 3 entrance into Atlantic Beach and we want it to
4 we're discharging passengers.4 be something very,very attractive and very
5 So this is still up for discussion with 5 nice.
6 them because they're still 60 percent into their 6 One nice thing about the project is we're
7 design plan on the bridge. But this is what 7 not displacing any other businesses with this
8 would be installed before we operate unless the 8 project. We're not affecting any other
9 DOT comes up with some other change next week. 9 businesses. We're not affecting any communities
10 MR.ROTH: Okay. What I'd like to briefly 10 that we're aware of other than potentially
11 talk about is what we believe to be the benefits 11 traffic and we hope we've identified and found
12 to the community for a project like this and 12 resolutions that are satisfactory.
13 I've broken down the benefits in two different 13 We're improving the access to the island,
14 ways. I've broken down the benefits --first of 14 making it safer and easier, and we're not asking
15 all, the financial benefit to the community and 15 for any additional or don't have a need for any
16 then to a basic welfare benefit to the 16 additional infrastructure from the City of
17 community. And I have five financial benefits 17 Atlantic Beach. We're self-supportive.
18 to the community based on the Florida Day Cruise 18 John is going to talk briefly about some of
19 Association,that's in south Florida,they've 19 the questions that are typically asked of us to
20 done studies throughout the entire state. 20 try to eliminate any potential questions that
21 A project like this will have an estimated 21 people from the community or the council may
22 $40 million annual impact on a local community. 22 have. Thank you.
23 The annual payroll of this project is $3.6 23 MR.WADMAN: One thing that I just skipped
24 million. The --this project will be the fourth 24 around with speaking,government agencies have
25 largest employer in the City of Atlantic Beach. 25 reviewed our project. Chuck and I have been
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203 Page 33 - Page 36
Proceedings before the City Commission Multi-Page"`` City of Atlantic Beach
Taken on April 27, 1998
Page 37 Page 39
1 working on this for over a year. This wasn't 1 what I've got around there. I've got an
2 something that's been floated for about a month 2 operating ship yard that's either sandblasting,
3 or two. We have worked with the following 3 drilling or welding on the west. I've got a
4 government agencies and have obviously gotten 4 bridge that goes right over me with 55,000 cars
5 this far because we haven't had a major problem 5 per day, and I've got a marina that has bans on
6 or hurl. We're not doing anything that's 6 weekends and a jet ski rental. We are going to
7 illegal. 7 adhere to all local noise regulations.
8 I'm going to read off the agencies that 8 You can see that this is not a tranquil,
9 we've had to work with: Department of 9 quiet area to be sailing from; it's probably one
10 Environmental Protection,Florida Game and Fresh 10 of the reasons it has never been really fully
11 Water Fish Commission, St. Johns Water 11 developed.
12 Management District,U.S. Army Corps of 12 Four,who is against your day cruise
13 Engineers, Florida Department of Transportation, 13 operation? Most people that have talked to us,
14 Northeast Florida Regional Planning Council, 14 once they understand the facts about the
15 Metropolitan Planning Organization,U.S. Coast 15 business,think it's great. From all the
16 Guard and the Marine Patrol. That's an awful 16 government agencies,the meetings that we've
17 lot of scrutiny, a lot of government agencies 17 attended and newspaper articles, it appears that
18 that are third party that have given us their 18 the West Beaches are against us. And we'll
19 review and so far we've gotten this far with 19 address any of those concerns this evening and
20 what you've heard from George Worley were the 20 anybody from Atlantic Beach.
21 conditions. 21 The agencies have reviewed our project and
22 In terms of the top ten questions,these 22 concerns and this is what it's been narrowed
23 are questions that Chuck and I are always asked 23 down to,the six that George has mentioned this
24 and we just we'd thought go ahead and give you 24 evening, so hopefully we don't rehash some of
25 the answers straight right now. 25 those areas that we've already addressed.
Page 38 Page 40
One,will that boat fit in there? Yes. 1 Who are you going to use as employees on
2 The Army Corps of Engineers has been out there 2 your ship? Well,we will advertise locally and
3 and so has the Department of Environmental 3 have local training programs, so we will be
4 Protection. They've done depth soundings, 4 trying to hire as many people from a local
5 they've done measurements across the 5 market as we can.
6 Intracoastal. Our vessel can go in and out and 6 How much do we charge to get on? The day
7 turn around in the Intracoastal without a 7 cruise is $14,the night cruise is $18, food and
8 problem. 8 beverages are extra.
9 Two,what about the environment? We're not 9 What about crime? We are operating in a
10 storing any fuel on the island and we're not 10 deserted island with one way on and one way
11 throwing our garbage or sewer over the side of 11 off. We will have security on the island and on
12 the boat. The garbage will be taken away by a 12 the boat and plenty of cameras. There are 27
13 company like Waste Management and the sewage can 13 other boats like ours in Florida that proceed
14 be pumped off to a terminal like Blount Island 14 offshore for gaming and not one community
15 or to a small tanker truck. The ship does have 15 including Mayport has seen an increase in crime
16 its own sewage treatment plan on board and meets 16 related to a day cruise operation.
17 all U.S. Coast Guard requirements. 17 Remember,we are gone 12 hours a day and
18 Again,U.S. Government agencies have 18 the boat is locked up, shut down when it's not
19 studied the area and we are not a threat to 19 being used.
20 wildlife or salt marshes. We will be watching 20 Again,we plan operations this fall. Chuck
21 for manatees as well as -- as well all of the 21 and I are the owners of the vessel and local
22 boaters do on the Intracoastal. 22 residents and there's no other planned
23 Question Number Three,what about the 23 development to the island like a restaurant or
24 noise? I'd like you to look at that picture at 24 condos or town homes or anything like that, and
25 the top on that easel and I'm going to tell you 25 that's it.
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203 Page 37 - Page 40
Proceedings before the City Commission Multi-Page City of Atlantic Bcach
Taken on April 27, 1998
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1 We look forward to working with everybody, I applicant as witnesses but who have submitted
2 we have with all the agencies. You see this is 2 notices in advance of their request to speak to
3 a fairly big commitment to the area, a 15-year 3 the issue in support of, in opposition to or
4 lease, a$100,000 acceleration lane and about a 4 just to ask questions, determine a point of
5 year of our time, so --we'd be glad to answer 5 order and place them under oath. These persons
6 any questions that the commissioners or Mayor 6 are not subject to cross examination.
7 may have or anybody here this evening. 7 If you have filled out a blue slip,will
8 THE MAYOR: Thank you for your 8 you come forward,please, and be placed under
9 presentation. 9 oath or if you anticipate --excuse me -- or
10 Mr. Worley, I extend to you the same 10 just stand where you are. That's fine.
11 courtesy under the process that I extended to 11 I also would like to say if you anticipate
12 Mr. Roth and Mr. Wadman. Do you wish to cross 12 wanting to speak and you did not fill out a blue
13 examine them? 13 slip,please stand. You will be allowed to
14 MR.WORLEY: If I may, I would just like to 14 speak,but we need to have you placed under
15 know if the applicants would be willing to 15 oath. These are the state's rules,these are
16 accept the recommendation by the city to apply 16 not mine. I am notmaking these up as I go
17 the same boom requirement while discharging 17 along, I promise you.
18 their sewage as they do -- as we've suggested 18 Ms. King.
19 they do during the refueling process in case of 19 MS.KING: Please raise your right hand.
20 --to help contain a spill in case something 20 AUDIENCE MEMBERS: (Comply.)
21 like that occurred. 21 MS.KING: Do you solemnly swear that the
22 MR.ROTH: That's fine. 22 evidence that you will give before these
23 MR.WADMAN: That's fine. We'd probably do 23 proceedings is the truth and nothing but the
24 it the same time then. 24 truth?
25 MR.WORLEY: Also your acceleration lane 25 AUDIENCE MEMBERS: I do.
Page 42 Page 44
1 that's proposed on the drawing,that has been 1 THE MAYOR: Okay. As a point of order,
2 approved by the DOT as far as the length of the 2 Commissioner Meserve would like to know if at
3 acceleration lane?3 some point the Commission may ask questions.
4 MR.WADMAN: The length of the acceleration 4 Inaudible discussion.)
5 lane,because the guardrail's being moved,meets 5 THE MAYOR: At this time, I will open the
6 the current requirements for an acceleration 6 public hearing. I have already asked for George
7 lane and a tapering off. 7 --excuse me, John Weldon, Jr.,to come
8 Two things took place to make that happen: 8 forward.
9 One of them, it was shifted further east so the 9 Would you come forward, please, and state
10 existing entrance and exit off that island is 10 your name and your address --
11 going to be -- I'm going to say 75 feet, 11 AUDIENCE MEMBER: Good evening. John
12 100 feet further east. Of course,moving the 12 Weldon, 108 Oak Street,Neptune Beach.
13 guardrail and having us being allowed to put our 13 THE MAYOR: Full address for the record.
14 acceleration lane,it tapers off the existing 14 MR.WELDON: 108 Oak Street,Neptune Beach,
15 bridge, squeezed out the (inaudible). 15 Florida 32266.
16 This is all done with the property that's 16 Ladies and gentlemen,I find it interesting
17 currently owned in the right-of-way by the DOT.17 that one of the applicants would make the remark
18 And I want to mention also,the DOT has not 18 that this will be the landmark at the entrance
19 signed off on this. This is the plan that was 19 to Atlantic Beach. After all is said and done,
20 agreed to verbally on Friday that meets all of 20 this is a gambling casino that we are discussing
21 their requirements and they like. 21 and if you think that you would like to have a
22 THE MAYOR: Thank you,Mr. Worley. Let me 22 gambling casino as a landmark at the entrance to
23 look at my procedure and get back to you. 23 Atlantic Beach, I think you would be very much
24 All right. Next is identify any persons 24 out of step with the citizenry of both Atlantic
25 who have not been called by staff or the 25 and Neptune Beach.
Diane M. Tropia,P.O. Box 2375, Jacksonville, Fl 32203 Page 41 - Page 44
Proceedings before the City Commission Multi-Page City of Atlantic Beach
Taken on April 27, 1998
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It's my opinion that all of the these -- 1 THE MAYOR: Thank you, Mr. Weldon.
2 these gentlemen mentioned 27, I chatted with the 2 The next person will be Charlene McGuire.
3 State Attorneys Gen- -- General's Office today 3 Would you come forward,please?
4 and they list over 35 of these cruises to 4 AUDIENCE MEMBER: Good evening. My name is
5 nowhere or gambling boats currently operating in 5 Charlene McGuire, 487 Tarrasa Drive,
6 and around Florida waters. It's my opinion that 6 Jacksonville, Florida. I'm the current
7 these are a direct circumvention of two 7 president of the Pablo Point Civic Association.
8 statewide referenda,which have denied legal 8 I ask for your patience for this
9 status to casino gambling, and I think that we 9 statement. I have a copy of it for all of you.
10 all recognize this,but because of the legal 10 Some of these have already been mentioned
11 competitions weren't able to--to face it. 11 before,but the board of our association feels
12 These operations are unregulated,that 12 that we must enter our opposition into the
13 means there is no gambling authority in the 13 official records.
14 State of Florida other than pari-mutuel gambling 14 We have several residents here that will
15 authority,which has no regulation of this type 15 probably be better at wording what I am going to
16 of operation. That means that no one checks the 16 say to you and I will probably leave most of
17 slot machines,no one checks the regulations of 17 that--excuse me--to them.
18 the --of the other gaming equipment on board. 18 Thank you for your [sic] opportunity to
19 It's strictly up to the operators to monitor 19 enter a statement into your official minutes of
20 their own activity and fairness and reliability 20 this hearing. Although not residents of
21 at this -- at gaming. 21 Atlantic Beach or Neptune Beach,we have long
22 It's my contention that these boats -- and 22 enjoyed being your neighbors across the bridge
23 the contention of many others around the state, 23 and hope that the concerns that we share with
24 I might add,that these boats do not contribute 24 you about the effects of this project on our
25 significantly to the local tax base. Gambling 25 community are your concerns also.
Page 46 Page 48
1 proceeds are not taxable, not by the State of 1 Traffic, observation: The only exit from
2 Florida and certainly not by local agencies.2 Johnston Island is an eastbound road that
3 Many other cities around the State of 3 requires a sharp turn to enter the westbound
4 Florida are currently in serious legal disputes 4 Atlantic Boulevard lanes. Not only is this a
5 and litigation with similar ventures. I name 5 dangerous maneuver performed by dozens of
6 only several of them: Key Largo, Hollywood, 6 impatient drivers eager to get out to the
7 Fort Myers Beach, Crystal River, St. Augustine. 7 traffic,but it will lend itself to dangerous
8 The lesson of all these disputes is don't let 8 u-turns west of the Intracoastal bridge so that
9 these ventures get started because once they are 9 cars can then head eastbound on Atlantic
10 started they're very difficult to dislodge. 10 Boulevard.
11 A well-known mayor from one of our cities 11 Cars not using the median breaks along--
12 to the north, Rudolph Guiliani,recently invoked 12 located on the highway east of the
13 federal regulations to require vessels,gambling 13 San Pablo/Atlantic intersection will be found at
14 vessels like these,to operate outside the 14 this intersection's light creating even more of
15 12-mile territorial limit off the State of New 15 a traffic snarl that already exists.
16 York. He has very bluntly stated opposition to 16 Also remember that the traffic on Atlantic
17 these gaming vessels and it was his specific 17 Boulevard from Mayport Road to --beyond Keenan
18 intent that their attractiveness to gambling 18 Road is already extremely heavy most of the
19 operators be limited and it has been very 19 time.
20 effective, I understand.20 The Pablo Point impact: It is already
21 I call on you to look for legal and 21 difficult to get out of our development onto
22 conclusive ways to deny this application as 22 Atlantic Boulevard or to continue south on
23 inconsistent with the standards of the 23 San Pablo Road. We are continuously plagued
24 communities of Atlantic and Neptune Beach. 24 with short lights and a high-traffic volume that
25 Thank you. 25 has led to an increase in the accident rate and
Diane M. Tropia,P.O. Box 2375, Jacksonville, Fl 32203 Page 45 - Page 48
Proceedings before the City Commission Multi-Page'` City of Atlantic Beach
Taken on April 27, 1998
Page 49 Page 51
1 drivers already pushing the yellow light turned 1 the industrial decisions of Jacksonville in the
2 red. This project will do nothing but increase 2 past. Thank you.
3 traffic and our difficulties. 3 THE MAYOR: Thank you, Ms. McGuire.
4 Noise, observation: The gambling boat, its 4 The next speaker shall be Valerie Britt.
5 customers,the extra traffic and the necessary 5 Ms. Britt approaches the podium.)
6 equipment and services that are needed to run 6 THE MAYOR: Good evening.
7 this establishment will not be silent additions 7 MS.Burr: Good evening. Valerie Britt,
8 to the neighborhood. Music and engine noise are 8 378 Tilefish Court. I am the director of
9 only a few of the increased sounds that will be 9 grievances, land use and zoning issues in our
10 heard. 10 neighborhood, Pablo Point.
11 Pablo Point impact: Already heard from 11 And I basically,rather than give a speech,
12 across the waterway are the intrusive noises 12 want to submit some items to the record and I
13 from the sports bar south of the Intracoastal 13 will hand them all out at one time at the end,
14 bridge. Our residents are inundated with the 14 but I will just make a note of these for the
15 pounding music and traffic noise on the access 15 record and then make a few comments on land use
16 road. We have never objected to the occasional 16 and zoning matters.
17 noises of celebrations such as the annual King 17 I have two documents from Fleet and
18 Fish Tournament but in the process of working 18 Associates,who are land planners,by Janice
19 with the authorities to resolve the complaints 19 Fleet,AICP,who's president of Fleet and
20 of our residents with a sports bar. 20 Associates, a one-page and a two-page document
21 The additional noise that this gambling 21 that deal with the issues of land use
22 ship will bring is of great concern. We will 22 assignments. And I would like to note that at
23 not just be bombarded with the increased amount 23 this point there has been no amendment, land use
24 of noise but also by echoing and bouncing across 24 amendment,to the comprehensive plan of the City
25 the water. This effect is not unlike the 25 of Atlantic Beach and to be in compliance with
Page 50 Page 52
1 controversial sound issue of the new concert 1 state law at some point there is not only a
2 pavilion. 2 zoning but there must be a land use amendment,
3 Environmental concerns,observation: Visit 3 which does go through DCA and does go through
4 the site of the current casino boat company and 4 the other agencies and that apparently has not
5 several other ship mooring areas and you will 5 been initiated at this point.
6 observe the oiliest water surrounding the ship 6 In addition,even if the --even if the
7 along with the garbage that's floating in the 7 CG zoning is approved separately from this
8 water. This new ship with its constant comings 8 hearing here today, at this time your land
9 and goings will also bring with it the same oily 9 development regulations and zoning code do not
10 mess and floating trash. 10 provide for this specific use within the
11 Pablo Point impact: Many of our homes are 11 commercial general, so it still leaves that open
12 on marshfront property. We enjoy the natural, 12 to this specific project being inconsistent with
13 clean settings that promote wildlife in 13 your land development regulations as well as
14 Florida. Our children and pets can enjoy 14 inconsistent with the comprehensive plan.
15 back yard and surrounding areas free from worry 15 So the two items from Fleet and Associates
16 that they will come across unsanitary trash, 16 do touch on some of those issues that I would
17 oily slicks and animals suffering from having 17 like to introduce into the record.
18 eaten plastic and other trash. The debris and 18 In addition to that,there's been --there
19 oil from this ship will find its way into our 19 have been numerous comments from the applicants
20 back yards. 20 concerning the economic benefits and there was
21 I would like to make one comment on the 21 an issue on the DRI about--that they would be
22 previous issue that the industrial--excuse me 22 able to substantiate that; therefore, I would
23 --would hope that the City Commission will 23 like to enter two documents into the record and
24 look to the future in making this decision based 24 also I do have copies for each of you.
25 on today's community needs and desires and not 25 The first one is a document prepared by the
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203 Page 49 - Page 52
Proceedings before the City Commission Multi-Page City of Atlantic Beach
Taken on April 27, 1998
Page 53 Page 55
1 Executive Office of the Governor submitted as I time frame, so I cannot submit that into
2 evidence in opposition to C.B. Universal DRI by 2 evidence. What I would like to do is submit
3 our civic association and it's from the Office 3 this as evidence,that there would be a
4 of Planning and Budget in Tallahassee and it 4 concurrency issue. And, as you know, according
5 does address some of the economic issues and I 5 to Chapter 163 of state law,you must be
6 think you will find and agree that they have not 6 consistent with your own concurrency management
7 found or-- from the research that those claims 7 program at the local level and you must be
8 are substantiated.8 consistent with the state law for concurrency
9 And, again,the reason I'm submitting this 9 management.
10 is in rebuttal to the letter that was submitted 10 I think you will see and hear from the
11 by the applicant from their trade industry. So, 11 intersections -- San Pablo Road between Atlantic
12 again,that's probably-- it would be my opinion 12 Boulevard and Beach Boulevard is currently
13 that that would be somewhat biased and I would 13 operating at level -- level failure. They have
14 hope that this information would be more 14 recently added the Mariner's Club Apartments,
15 objective; it is from the Governor's office. 15 which adds considerable more traffic, and I
16 The second item on--to address somewhat 16 think that was certainly done after the --the
17 of a rebuttal to the applicant's claims is a 17 figures that I'm presenting here tonight.
18 document of quotations that are from reputable 18 So we're looking at state issues. We're
19 sources and those books and studies are listed 19 not just looking at the--the local impact of
20 at the back of the document. This was compiled 20 state issues. And you must, according to state
21 for us by the Community and Economic Defense 21 law,be in compliance with these.
22 Services in Maryland and I will submit that for 22 Again,you must put into perspective the
23 reference and documentation and evidence to the 23 DRI recommendations. Today I have seen no
24 DRI file. 24 evidence that any of these permits that have
25 In addition, I'll submit to the clerk 25 been reviewed-- there have not been issued any
Page 54 Page 56
1 documentation of our board and also my 1 permits. Often --if you will look at their
2 credentials in zoning and land use matters. I 2 letters,they indicate we aren't--we don't
3 just have one copy of that for the record. 3 have objections at this point, we don't have
4 There has been considerable discussion 4 complete information at this point, and in
5 about the traffic. One thing that was not 5 addition to that, they state that they reserve
6 mentioned-- I did attend the DRI hearings and 6 the right for certain reviews at the permitting
7 heard those comments firsthand and I would like 7 stage.
8 to remind you that the DRI review is done on the 8 So this is preliminary and you should not
9 applicant's submissions and that means that 9 jump to the conclusions, of course,that that is
10 their traffic study,because it did not include 10 approval. That is simply a review. They have
11 significant intersections such as San Pablo Road 11 certainly been through much review,but to date
12 and Atlantic Boulevard, is not a complete 12 there have not been actual approvals.
13 study. And if you will refer to the MPO letter 13 In addition, I would like to recommend that
14 that was in the DRI file,you will note that 14 you do review-- I'm sorry, I would like to
15 they did not give an approval. What they gave 15 recommend that you do review the DRI tapes from
16 was a statement that they did not have all of 16 the hearings. I think they're very crucial
17 the information, so they didn't make an 17 because at those meetings they did recommend
18 objection at that point,but that should not be 18 approval,but they recommended approval with
19 construed to mean that that is an approval or 19 many,many,many concerns and with the two
20 that everything is okay. So,therefore, I would 20 council members, Council member Kravitz and
21 like to enter into the record some traffic 21 Councilwoman Hipps,who do represent the area,
22 analysis evidence. 22 as voting in opposition to it,to recommend
23 We have contacted someone to do a traffic 23 denial. And they left it up to you, in your
24 study for us to build on the study that's been 24 wisdom and in your judgment,up to you as staff
25 done,but they were not able to do it within the 25 members,because it was more of a local issue,
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203 Page 53 - Page 56
Proceedings before the City Commission Multi-Page""` City of Atlantic Beach
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Page 57 Page 59
1 it's not your typical DRI. So, again, I would 1 or on behalf of the applicant, but they can
2 -- I would,you know, like to indicate that.2 certainly request that things be made part of
3 I'll very quickly enter the other ones into 3 the record.
4 evidence. I have for each of you and for the 4 THE MAYOR: Okay. Thank you very much.
5 record the Jacksonville Planning Department 5 And thank you, Ms. Britt.
6 comprehensive plan map; it includes Johnston 6 Next I have Geri West.
7 Island, also the deed of the island,the map of 7 Audience member approaches the podium.)
8 Atlantic Boulevard and the Johnston Island area 8 THE MAYOR: Would you state your name and
9 including the access and the bridge areas, and a 9 address for the record,please?
10 map that shows the project site, and I would 10 AUDIENCE MEMBER: Yes. My name's Geri West
11 like all of these entered into evidence and 11 and I live at 378 Pablo Point Drive.
12 copies provided to the members. 12 I'm here to speak in opposition of the
13 THE MAYOR: Thank you very much. 13 proposed boat. I think it's a very large boat
14 MS.BRITT: Thank you. 14 and it's --we're in a sensitive area right now
15 THE MAYOR: I do need to make-- I need to 15 with our wildlife and everything like that,but
16 make one clarification.16 my main concern is this: I was on the
17 MS.BRITT: Yes. 17 subcommittee for the traffic in our area. I do
18 THE MAYOR: Since you are not a principal, 18 know that some of our children go over that
19 you may enter nothing into the-- into evidence, 19 bridge. It used to be,years ago,people kind
20 but they may be entered-- 20 of planned their day around the traffic hours.
21 MS.BRITT: Into the record. Yes. I'll 21 Today every hour is traffic hour. Over that
22 enter the -- 22 bridge they go 60 miles an hour. Our children
23 THE MAYOR: I know that you said that 23 are being put over there.
24 because you were taking my words to heart and I 24 I was hit by a drunk driver in 1983. I
25 was telling you we would only consider real and 25 would like to know what the alcohol situation is
Page 58 Page 60
I substantial evidence and so I can understand 1 going to be here and if they're going to --when
2 your terming it that way. 2 they're going to cut them off,how they're going
3 MS.BRITT: Okay. And I would like to 3 to serve alcohol, are they going to serve
4 clarify that--that expert witness testimony 4 alcohol there?
5 from a certified planner, I am entering it into 5 I mean,you're concerned about alcohol
6 the record and it will certainly be considered 6 being served at Dancing in the Streets,you
7 substantial,competent evidence in a review, I 7 walked off from a 25,000-people event, I'd say
8 would think,because it is entered by-- these 8 that was pretty good.
9 are the official documents of the city and these 9 Now,I'd like to know what the business of
10 are the recommendations of a certified land 10 the alcohol is going to be on this boat,
11 planner. So I'm entering it into the record, 11 gambling and alcohol. I'd just like-- it's
12 but at some point I think it will certainly be 12 going to be on our streets going east and west,
13 considered evidence. Thank you very much. 13 north and south. So I would just like to ask
14 THE MAYOR: I think I would ask the city 14 the people that--maybe they could explain to
15 attorney to address that. 15 us how they're going to serve that liquor and
16 MR.JENSEN: You've heard no competent, 16 what police presence is going to be there.
17 substantial evidence from any experts. She's 17 THE MAYOR: Thank you.
18 submitting a written letter,which is not 18 MS.WEST: You're welcome.
19 subject to cross examination, so it certainly is 19 THE MAYOR: All right. Next is Donald M.
20 not substantial, competent evidence at this 20 Wolfson,please.
21 time. 21 Are you here?
22 MS.BRITT: Okay. Thank you. 22 AUDIENCE MEMBER: (indicating.)
23 MR.JENSEN: This is a period for questions 23 THE MAYOR: Sometimes people go home.
24 and comments by the public and they are not 24 Audience member approaches the podium.)
25 allowed to offer evidence on behalf of the city 25 THE MAYOR: Good evening,
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203 Page 57 - Page 60
Proceedings before the City Commission Multi-Page City of Atlantic Beach
Taken on April 27, 1998
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1 Mr. Wolfson. 1 1965. I have family that lives in Jacksonville
2 Mr. Wolfson is the Chairman of the Atlantic 2 Beach and Atlantic Beach.
3 Beach Community Development Board, I thought I 3 I actually came here this evening just to
4 would add.4 be a voice of reason. I'm pleasantly surprised
5 AUDIENCE MEMBER: Good morning --good 5 that --or not surprise but pleased to see from
6 evening, Mayor Shaughnessy. I feel like it's 6 the Mayor that reason and law will prevail and
7 morning; I just got off a plane. I saw that you 7 emotion is not to be really considered.
8 were still in session, so I decided to drop in. 8 There's not a whole lot I can say as to the
9 One point that I have and that is that the 9 fact. I certainly was enlightened on the
10 applicants made this overture to the Commission 10 presentation this evening, and with all due
11 that they had approached each government agency 11 respect to the comments that were just made by
12 that they listed and that each governmental body 12 Don,the entrance to Atlantic Beach is important
13 -- and referred to a minimal of opposition. 13 to all of us here and I think the entrance, as
14 The point that I'd like to mention here is that 14 described and diagramed by C.B. Universal, is
15 in this instance certainly it is not taken into 15 certainly an improvement to what we see
16 account that--the zoning considerations of 16 currently at Johnston Island.
17 Atlantic Beach and part of this --this concern 17 So,you know, I think we --we can
18 that I have right now is that what's important 18 certainly take a position of judging what is
19 in considering the best zoning for that 19 best and what the land use should be,but once
20 particular area is really a long-term impact, 20 you've made your determination on the zoning,
21 not a 15-year lease, although--in all due 21 there are property rights here that should be
22 respect to the applicants, I understand their -- 22 supported and the owners of Johnston Island
23 their,you know,financial commitment,their 23 should be able to do with their property within
24 willingness to go the extra mile to make this 24 the zoning regulations that they're operating
25 compatible with the area as they possibly can, 25 under. And this --this project, in my opinion,
Page 62 Page 64
1 but coming from a zoning perspective,this is 1 is an improvement to what we have there now.
2 the main entrance to Atlantic Beach and it's a 2 I have three children. I have a wife. I
3 long-term vision here and really that is what 3 can tell you before coming down here this
4 sort of drives the Commission and the zoning 4 evening that I had part of my family,you know,
5 board and it's really the long-term impact on 5 saying, "Go down there and speak," and I had
6 that area and what it's going to mean to the 6 part of my family saying, "Don't you dare speak
7 main entrance,the primary entrance to the City 7 in favor of," so,you know, I've got a family
8 of Atlantic Beach. 8 that's on both sides of the issue.
9 And to make it-- I know that there's been 9 But, again, as a resident, a long-term
10 some encouragement of a CG zoning by certain 10 resident of the beaches, as long as this group
11 individuals that were here earlier this evening, 11 has or can comply with the government agencies,
12 but to even assume that that might come into 12 the DEP,the Corps of Engineers, St. Johns River
13 play might be a premature assumption until the 13 Management-- Water Management, and so on, I
14 Atlantic Beach Community Development Board can 14 think it's reasonable that they are granted
15 make some evaluation, a fair evaluation of all 15 their request. Thank you.
16 of the information that we can gather and then 16 THE MAYOR: Thank you, Mr. Ford, for coming
17 come back and make a recommendation to you and I 17 under arduous circumstances.
18 think it's very important for us to look in the 18 The next speaker shall be Gordon Thompson;
19 long-term and not just look at a lease. Thank 19 am I saying that right? Am I reading it right?
20 you very much. 20 AUDIENCE MEMBER: Yeah.
21 THE MAYOR: Thank you, Mr. Wolfson. 21 THE MAYOR: Thank you.
22 The next speaker will be Curtis Ford. 22 MR.THOMPSON: Gordon Thompson, 321 Tarrasa
23 AUDIENCE MEMBER: Curtis Ford, 1897 Beach 23 Drive, Jacksonville, Pablo Point. I'm a member
24 Avenue,Atlantic Beach, Florida 32233. 24 of the Pablo Point Association and I was asked
25 I'm a resident of the beaches area since 25 to read a letter that was given to me by a
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1 gentleman that can't be here tonight.1 Avenue, Jacksonville Beach.
2 THE MAYOR: Okay. 2 I'm here representing the owners of
3 MR.THOMPSON: Okay. It's a very short 3 Johnston Island to speak in favor of the DRI
4 letter, so I will (inaudible)it briefly.4 application.
5 I am writing this letter as a member of 5 One,the Regional Planning Council
6 the Pablo Point Civic Association to express my 6 recommends approval with conditions.
7 opposition to the proposed rezoning of Johnston 7 Two,the City of Atlantic Beach staff
8 Island for commercial use,especially any 8 report recommends approval with conditions.
9 modification to allow a(inaudible)operation of 9 Three, a day cruise marina use would be
10 a large gambling ship from this area, as has 10 consistent with the comprehensive plan of the
11 been proposed by C.B. Universal, Incorporated. 11 City of Atlantic Beach when amended.
12 As immediate neighbors to the proposed 12 Four, a day cruise marina use would be less
13 docking site,we are deeply concerned about the 13 intrusive than the neighboring heavy industrial
14 impact of operating such a large ship on a very 14 use and compatible with the neighboring marina
15 narrow and relatively shallow channel at 15 and commercial general use.
16 Johnston Island including its effect on rural 16 Five, a day cruise marina use would have
17 and(inaudible)traffic,public services 17 the most minimal requirement for services from
18 including emergency access and the environment. 18 the City of Atlantic Beach.
19 Due to our physical proximity to the 19 Six, a day cruise marina use would improve
20 Intracoastal Waterway,we would be first in line 20 the environmental impact of a use rather than
21 to deal with the consequences of a potential 21 under the previous heavy industrial zoning.
22 maritime disaster such as collision,grounding 22 Seven,the site by its island nature is
23 or a fire, as well its more mundane but still 23 well buffered from all surrounding uses.
24 distressing factors such as water and noise 24 Thank you.
25 pollution and even greater congestion in an 25 THE MAYOR: Thank you, Mr. Dumas.
Page 66 Page 68
I already heavy traffic area. 1 The next speaker shall be Tim Taylor.
2 Prior to rezoning or permitting, any 2 AUDIENCE MEMBER: I'm Tim Taylor, 1009 12th
3 development should be compelled to prove minimal 3 Street North, Jacksonville Beach.
4 or no additional environmental impact in this 4 And I'm here to speak in favor of the
5 fragile area. 5 applicant's DRI application on the grounds
6 Lastly,we are proud of the residential 6 basically that he's already covered; the
7 quality of our neighbors as the people of 7 community is not going to be vastly affected,
8 Atlantic Beach(inaudible). We ask you as the 8 the economic impact is favorable and the
9 current custodians of Johnston Island and 9 environmental impact is negligible on his
10 adjacent marsh area not to permit any activities 10 operation or what he intends to do.
11 that would detract from our quality of life any 11 I've been around here, I grew up here, and
12 more than you would permit such activities to 12 I currently work here at the beach. I've seen
13 detract from your home. Thank you for your time 13 Johnston Island for the last 20 years,it is an
14 and cooperation." 14 eyesore, and I believe what he's intending to do
15 I have copies. I will --made a copy 15 is --negligible impact and an improvement to
16 available to the city attorney.16 the island and I strongly urge the Commission
17 THE MAYOR: Who is the signatory? 17 tonight to support his application.
18 MR.THOMPSON: Edward F. McDonald, also a 18 THE MAYOR: All right. Thank you,
19 resident of Pablo Point. 19 Mr. Taylor.
20 THE MAYOR: Thank you very much. Would you 20 Next person to speak publicly shall be Rod
21 like to enter that into the record? 21 Hanner.
22 MR.THOMPSON: Yes. 22 Audience member approaches the podium.)
23 THE MAYOR: Okay. Thank you.23 THE MAYOR: Good evening.
24 The next speaker shall be Tom Dumas.24 AUDIENCE MEMBER: Madam Mayor,my name is
25 MR.DUMAS: Tom Dumas, 27 South 32nd 25 Rod Hanner. I reside at 255 North Roscoe in
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1 Ponte Vedra Beach. I have offices here at 1 please -- Elyse Brady. Is that the correct
2 Atlantic Beach for the last five years, 645 2 pronunciation?
3 Mayport Road. 3 MS.BRADY: Yes. Yes, it is.
4 I've been involved in the beach activities 4 THE MAYOR: Good evening.
5 for about the last eight years. I'm an 5 MS.BRADY: Good evening. My name's Elyse
6 entrepreneur. I have known the two individuals 6 Brady. I live at 3550 Eunice Road in Isle of
7 --I've met one of them twice. I've dealt with 7 Palms,west of the Intracoastal. I'm the
8 entrepreneurs since 1979. My business is 8 president of the West Beaches Community
9 dealing with folks that start a small business 9 Association and I'd just like to read a letter
10 and make it grow; that's precisely what they're 10 into the record, if I may, and I'll provide one
11 doing here. They have an idea; they want to 11 as well to the clerk. Is that okay?
12 nurture it; they want to make it grow. If 12 THE MAYOR: You're more than welcome to.
13 they're not breaking any laws,they should be 13 MS.BRADY: Thanks. "By formal vote of its
14 allowed that opportunity to make that type of 14 board of directors, West Beaches Community
15 opportunity grow. 15 Association submits this letter of opposition to
16 I'm also here for another reason; I am a 16 the development of regional impact project
17 gambler. I gamble, I go to gambling ships. If 17 proposed for Johnston Island, specifically the
18 any one of you have been out to La Cruise,there 18 gambling ship and intense CG zoning.
19 is a family of people that go out there. Last 19 We're an umbrella organization representing
20 weekend I was out there, at my table there was 20 member neighborhoods comprising over 2,500
21 two men from Belgium, a man from Chicago, a lady 21 households west of the Intracoastal Waterway and
22 from Jacksonville,myself and another individual 22 it's in Jacksonville Planning Districts 2, 3 and
23 and we had a camaraderie between us. Nobody 23 5 respectively.
24 lost very much. I can say someone won a few 24 Our organization has worked diligently to
25 dollars. I'm not going to say who that person 25 improve the quality life in our community
Page 70 Page 72
1 was because the IRS might be here. 1 through beautification projects, legislative
2 But the people that go on these ships are 2 initiatives,growth management involvement and
3 not bad people and a lot of folks think that 3 citizen/governmental partnerships.
4 gamblers go out there,bad elements move into 4 Of concern to our organization is the
5 the area. I've been on gambling ships 5 insurmountable traffic problem that will be
6 throughout Florida and the folks that go on 6 created by the proposed Johnston Island gambling
7 there --it's a nice day cruise. I don't call 7 ship project. Since access to the island is
8 it a day ship or a cruise ship; it is, in fact, 8 limited,cars traveling from the west would need
9 a gambling ship,thus we all know what it is. 9 to make a u-turn at the Mayport exchange and
10 But the folks that work on La cruise are nice, 10 double back westward to the Johnston Island
11 decent folks,they feed their families. One 11 entrance. Cars exiting Johnston Island heading
12 young lady has four children she supports all by 12 east would be required to travel west over the
13 herself. There's other folks out there and 13 Intracoastal bridge and make a u-turn near or at
14 they're the exact same types of people that 14 the San Pablo Road intersection. This
15 they're going to hire here on their cruise 15 intersection is at failure, I might add. It has
16 ship. 16 not met concurrency requirements so it
17 They are gambling,basically,these two 17 definitely will be impacting that area.
18 young men,their lives to make this gambling 18 This is unsafe,unreasonable, and,in our
19 ship go and I thoroughly support it, I support 19 opinion,unacceptable. Adding a burst of cars
20 the entrepreneurial vision that they have, and I 20 twice a day from the gambling boat to the
21 hope that you consider it and give it your best 21 already-busy Atlantic Boulevard will make this
22 attention. Thank you. 22 roadway treacherous,not to mention the fact
23 THE MAYOR: All right. Thank you, 23 that many of the drivers will have been drinking
24 Mr. Hannon. 24 while on board ship.
25 The next speaker shall be --just a moment, 25 Someone mentioned that there would be a
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1 traffic light for allowing just a certain number 1 commission [sic] to be able to have a copy of
2 of cars to get out. How long will that take? 2 it.
3 If we're talking 300 cars or so and they're 3 THE MAYOR: All right. (Inaudible)the
4 coming in at off-peak hours, does that mean that 4 city attorney.
5 by the time we get to rush hour we finally have 5 MR.JENSEN: (Inaudible.)
6 all the cars out? I don't know. Something you 6 THE MAYOR: Myself as well. I think we're
7 might want to consider.7 going to be heading for--well, I'll tell you,
8 We're assuming that the Florida Department 8 if we do this -- and it is 10:15. We are going
9 of Transportation has not incorporated this 9 to have to call a recess at some point.
10 proposed project into its improvement to 10 Ms. Perrone--you're not Ms. Perrone,the
11 Atlantic Boulevard and design for the new bridge 11 friend of Ms. Perrone, if you would like to read
12 at the Intracoastal Waterway. We would hope 12 the letter,you are more than welcome to it. If
13 that any conditions imposed by DOT and any other 13 you would like to simply submit it, I guarantee
14 agency including the Department of Community 14 you we will read it.
15 Affairs and the City of Atlantic Beach be in 15 AUDIENCE MEMBER: That's all right. In
16 place prior to the commencement of this 16 view of the time,I'll just submit the letter.
17 project. We certainly could not approve if this 17 THE MAYOR: Okay. Thank you.
18 Atlantic -- if the Atlantic Boulevard 18 All right. At this point, I'm going to
19 infrastructure and new bridge were to require 19 call a ten-minute recess.
20 costly retrofitting to accommodate this project 20 Short recess.)
21 should it go forward. 21 THE MAYOR: Okay. The recess has come to
22 The proposed Johnston Island CG zoning and 22 an end. The Chair had-- let me go back to a
23 gambling ship project stands to impact thousands 23 point of order. There was a question for
24 of residents on both sides of the Intracoastal 24 Mr. Jensen just prior to the recess.
25 Waterway. We would hope that in the 25 Would the person who asked that question
Page 74 Page 76
1 deliberation process consideration will be given 1 please restate it?
2 as to how this project will affect everyone,2 AUDIENCE MEMBERS: (No response.)
3 Atlantic Beach residents and Jacksonville 3 THE MAYOR: All right. There is no one
4 residents alike. At stake is how much we, as an 4 here to address it.
5 entire community,respect and value the 5 I call Sherry Brosius,please.
6 preservation and promotion of quality of life 6 AUDIENCE MEMBER: Hi. I'm Sherry Brosius.
7 for all citizens. Thank you. 7 I'm at 377 North San Pablo Road, Jacksonville,
8 THE MAYOR: Thank you, Ms. Brady. If you'd 8 Florida.
9 give your copy to the city clerk. 9 THE MAYOR: Sherry,will you move the
10 MS.BRADY: Thanks. 10 microphone until it's in front of you?
11 THE MAYOR: The next speaker shall be 11 MS.BROSIUS: Sure.
12 Loretta Perrone. 12 THE MAYOR: The reason is --the reason for
13 Did I -- is it Perrone or Perrone?13 that is not only so that you can be heard,but
14 AUDIENCE MEMBER: Perrone. She isn't 14 that feeds directly into the tape,which is the
15 here. She sent a letter and asked us to give it 15 record of the meeting.
16 to you to put it in the record. She's a marsh 16 MS.BROSIUS: Okay. Do I need to restate
17 resident, she's my neighbor, and she's got an 17 what I've currently said?
18 ill son, so she asked me would I please bring 18 THE MAYOR: Pardon me?
19 this.19 MS.BROSIUS: Do I need to restate what
20 THE MAYOR: Certainly. You're more than 20 I've already said? Did you hear it on the tape,
21 welcome to put it in the public record and you 21 on the mike? Was it okay?
22 may speak if you like.22 Inaudible discussion.)
23 AUDIENCE MEMBER: Well, she has written --23 THE MAYOR: Yes. Please proceed.
24 I mean, if you'd like I can read what she's 24 MS.BROSIUS: Excuse me, it's past my
25 written,but she sent copies for each of the 25 bedtime.
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1 My concern is there is a tremendous amount 1 fact that I bring my daughter back from school
2 of traffic on the road already on the roads, San 2 at 3 o'clock in the afternoon and that now I
3 Pablo,which I'm a resident of, north of 3 might have to contend with people who are coming
4 Atlantic Boulevard. 4 off a ship who may have been drinking; that is
5 And I am a paraprofessional at Neptune 5 an extreme concern and the fact that my
6 Beach Elementary and with school children coming 6 inexperienced teenager driver is going to have
7 and going,whether it's buses,private vehicles, 7 to contend with that also. The traffic is bad
8 carpooling,that is a major concern. School 8 enough without putting that element into it
9 gets out for--elementary school at 3 o'clock. 9 during daytime hours.
10 There's buses that have, I believe, 55, 60 10 Those are my concerns. Thank you.
11 children on them and they're going back and 11 THE MAYOR: Thank you.
12 forth over the Intracoastal-Atlantic bridge.12 The next speaker will be Mary Billotti.
13 If the proposed ship were to dock from its 13 AUDIENCE MEMBER: Billotti.
14 trip and come back,that would just add more 14 THE MAYOR: Billotti. Pardon me.
15 traffic to the --to the tremendous amount of 15 MS.BILLOTTI: I'd like to give you each a
16 traffic, I believe,we already have. 16 letter that-- I have a couple of letters that I
17 So I just feel that this is a very 17 have written. I wrote to the Corps of Engineers
18 important concern and-- for our children who 18 and EPA.
19 are transported to and from school,not just 19 Some of my concerns have been addressed but
20 elementary school,we've also got middle school 20 not thoroughly and I will read them to you and
21 and high schools as well. Thank you. 21 you can explain them to me because I live
22 THE MAYOR: All right. Thank you and thank 22 immediately behind Johnston Island. I am not
23 you for your patience and for waiting to be 23 impacted by the noise that they say I hear from
24 heard. 24 the marina on the other side of Atlantic
25 The next person the Chair calls is Kathleen 25 Boulevard; however, I'm sure that I will be
Page 78 Page 80
1 Brown. 1 impacted by the noise I hear from a casino ship
2 AUDIENCE MEMBER: My name is Kathleen 2 when it's docked there twice a day as it leaves
3 Brown. I live at 365 Pablo Point Drive in 3 and as it arrives back.
4 Jacksonville, 32225. I'm an officer of the 4 Okay. I'm Mary Billotti. I live at 469
5 Pablo Point Civic Association. I would like to 5 Pablo Point Drive, Jacksonville, and I have
6 speak in opposition to the casino boat. 6 given you two letters,which I have written,one
7 I can look out of the windows in my house 7 to Mr. Meyer at the Corps of Engineers. I'll
8 on the marsh and see the Atlantic Boulevard 8 just pick up his excerpts.
9 bridge and so I can check traffic before I go 9 We were trying to verify that there would
10 back and forth across. We do a lot of crossing; 10 definitely be environmental damage to the marsh
11 our church is in Atlantic Beach,I have a child 11 as well as to the wildlife. There is no way you
12 in school in Neptune Beach and I have a teenage 12 can tell this unless this boat goes back and
13 son who drives back and forth-- across the 13 forth; however, I've been told that all of the
14 bridge to see his friends. 14 traffic that now goes back and forth should
15 When I first heard of the project, I drove 15 impact it the same way,but the other day I
16 down to Johnston Island to see how you got down 16 stood out and I watched. I probably was there
17 there,where it was, and came back out. It was 17 probably--maybe for an hour. There were about
18 a Sunday afternoon, and as it stands now it's a 18 four or five speed boats,whatever you want to
19 very dangerous,very sharp right turn and you 19 call them,with motors,numerous sailboats.
20 have to accelerate into traffic all of a sudden 20 There was not one large vessel carrying 600
21 going 45. It was an on-beat traffic time when I 21 people.
22 did it and I found it very scary. The 22 They say that this would also be
23 acceleration lanes are an absolute mess; I hope 23 comparative to the traffic that Moody--
24 they're long enough. 24 Mr. Moody's repair work does. When they have
25 I'm also very,very concerned about the 25 ships coming in to repair them,they bring them
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1 down the river, they park them, they work on 1 it is or was some 16 years ago, a very,very
2 them,they stay there. They don't go back and 2 nice, quiet area.
3 forth every day four times a day. They are 3 I thank you for your time.
4 there for two weeks, a month,however long it 4 THE MAYOR: All right. Thank you,
5 takes,then they go back out again. So that's 5 Ms. Billotti.
6 two trips in maybe -- let's say,the very 6 Next will be Mr. Rabassa.
7 minimum two weeks time. 7 AUDIENCE MEMBER: Albert Rabassa, 1820 Live
8 Now, I can't see how they can say that 8 Oak Lane.
9 these ships that-- are comparative trips to 9 I'm approaching it from a different
10 this vessel they now propose to put there; lo standpoint. It's kind of nice to hear people
11 however,that's what they say,there will be no 11 who really don't express how they feel about
12 impact. 12 this project,but I'm approaching it from the
13 Again, I'm worried about the marsh 13 point that I refuse to be insulted by the people
14 features. I happen to live there. I've lived 14 proposing the cruise ship. Having somewhat of a
15 there --I've owned property there. I haven't 15 limited background in gaming, I would just like
16 lived there continuously from that time,but we 16 the commissioners to understand the scope of the
17 purchased our home in 1986 when the marsh was 17 dollars that transpire for a venture like this.
18 pristine. There were no noise levels that we 18 And I was insulted when I read in the paper
19 had to deal with. There were no impacted-- I 19 that they are going to give us 30 cents per
20 even saw manatee at that time,which I do not 20 ticket on this cruise ship and we would get
21 see now. Okay?21 $50,000 a year and then they decided that it
22 What I'm trying to convey to you,you do 22 should go to the Park Commission.
23 not realize what--this will impact the marsh 23 One, I think you all decide where the money
24 until it's too late to repair the damage that's 24 goes,but you have to remember on a cruise ship
25 already done. 25 like this you basically have Black Jack,you
Page 82 Page 84
1 They said, "Don't talk about emotional 1 have Roulette and you have Stud Poker and
2 issues." The emotional issue here is we've got 2 California Poker. Those games are set basically
3 to protect what we have now because we won't be 3 by the number of players that you keep at the
4 able to replace it once it's gone. 4 table,but the odds never change.
5 A comment was made this evening that said 5 Where they make their money, as was pointed
6 that-- someone quoted, I don't remember where 6 out before, the rest of the ship is totally
7 it came from,but it's probably so,but this is 7 unregulated. They could turn those slot
8 one of the last islands that's available to be, 8 machines off and not pay a quarter to anybody
9 shall we say -- I don't even know what the word 9 and you have no recourse. That is where the
10 would be, but say--let's just say "used" at 10 money generates. So if you take their numbers
11 this point,okay? If this is one of the last 11 -- and I don't disagree with them or agree with
12 nice islands left,then let's do something 12 them,but they're saying there's going to be 175
13 constructive with it. Let's make it something 13 cars or 150 cars,there's 2 people,that's means
14 that we can be--have of a value. Why can't we 14 that they're looking at a cruise ship going out
15 have something for kids to go fishing or a park 15 with 300 people on it twice a day. That's 600
16 or a picnic area or something that is valuable 16 people a day. If they only go out 300 days a
17 to the citizenry? 17 year, that comes to some number like 180,000
18 I mean,no one is going to benefit except 18 people in a course of the trip.
19 the three gentlemen -- or the two gentlemen who 19 If we approve this -- and I don't want to
20 have invested their money in this venture. I'm 20 get into whether we ought to have gambling,
21 not going to see any value of him having -- or 21 whether it's moral or immoral. I won't--
22 them having this boat go back and forth,but 22 that's a never-ending battle. You know,that's
23 have you put some kind of green space or some 23 --the morality issue will never be resolved in
24 kind of picnic area, I can go there and I can 24 our lifetime. My point,though, is that if,by
25 enjoy the land and the island and it can stay as 25 chance,this thing goes through,the
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1 commissioners should examine how much we charge 1 buy a Jaguars ticket you see, "City of
2 per ticket to make it worth our while. 2 Jacksonville" ticket-- I think it's $2.75 or$3
3 If we charged a dollar and a half per 3 --printed right on the ticket. We can have
4 ticket,using their own numbers, we would 4 the same thing.
5 generate approximately $270,000 a year. That 5 We are not going to leave it up to the
6 $50,000 token shows how much they really think 6 entrepreneurs of the cruise ship to say, "We're
7 we've fallen off the turnip truck. 7 going to give you$50,000." That is a drop in
8 The people who get on that boat will not go 8 the bucket to the amount of money they hope to
9 out to sea, which--now, I have a boat at Pablo 9 generate on a cash-flow basis through those
10 Creek and it's 9 miles to the jetty. If it's a 10 machines.
11 no-wake zone,that huge ship is going to have to 11 THE MAYOR: Thank you, Mr. Rabassa.
12 slow down, so you're talking about an hour,hour 12 The next speaker shall be Leonard --
13 and a half,maybe two hours to get three miles 13 Dodrill?
14 out. It's going to be the same amount of time 14 AUDIENCE MEMBER: Dodrill.
15 coming back. 15 THE MAYOR: Dodrill. Thank you.
16 I disagree with their leaving the port time 16 MR.DODRILL: My name is Leonard Dodrill.
17 and their return time because I don't think the 17 I live at 118 1st Avenue South, Jacksonville
is ship is going to do that unless you disapprove 18 Beach.
19 of the no-wake zones that we have. 19 And I would just like to suggest to the
20 But forget about that, let's assume they 20 Commission that,you know, it would be really
21 can get around that, they can turn those slot 21 refreshing to be able to go over the bridge and
22 machines -- it's totally unregulated. You have 22 go to work and do things and looking out over
23 no control how much money they take out of the 23 there and seeing something that is financially
24 machines. The reason that they're willing to 24 productive,esthetically pleasing to the eye and
25 put all this infrastructure in, build the 25 not see junk and boats and people down there
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1 buildings,put the roads in because you're 1 with little blow torches making things. It's
2 talking about an astronomical amount of money. 2 just not attractive.
3 We've talked about traffic regulations. 3 It's the first thing that people see when
4 I'm concerned about the traffic regulations,but 4 they come out to the beach. I tell people,you
5 Atlantic Boulevard has 26,000 cars a day; 150 5 know, I live at the beach,they come over,
6 cars isn't going to be a nit to Atlantic 6 beautiful,you know,junk yard in your front
7 Boulevard. We get emotionally involved in 7 yard. So I'd just like to suggest that that
8 traffic when the business side of it is totally R would be a very good thing, so -- thank you.
9 overlooked. And I'm saying, if we go forward, 9 THE MAYOR: Thank you for coming and
10 be careful what you sign, about how much we get 10 stating your opinion.
11 per ticket because it could be very beneficial 11 The 18th speaker will be Marcy Ashby.
12 to us. 12 Are you still here?
13 They're not putting up all this money 13 AUDIENCE MEMBER: Oh,yes.
14 because they think they have a losing 14 THE MAYOR: Okay. I haven't seen you in a
15 obligation. They're putting up this money 15 while.
16 because they know how much money they can make. 16 MS.ASHBY: Hi.
17 Those slot machines,they can go in and 17 THE MAYOR: Hi.
18 turn them on,click, and have two of them paying 18 MS.ASHBY: I'm Marcy Ashby. I reside at
19 off all the time and all the rest of the people 19 133 Pine Street.
20 hear the bells going off,they think everybody's 20 I'm a voter, a homeowner and a 17-year
21 winning, and 600 slot machines on the ship 21 resident of the beaches area. I intentionally
22 aren't paying the big one. 22 picked Atlantic Beach as my home residence and I
23 Be careful if we go forward with what we 23 purchased my home here because I thought this is
24 sign as our part of the take. We can make it a 24 a community with strong family values.
25 ramp fee,we can make it a ticket fee. When you 25 And every time we see you politicians
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1 coming out to get our votes,we hear about what 1 MS.ASHBY: I do know for a fact,because I
2 strong family values that you hold. And some of 2 helped participate on -- on our DARE programs
3 you, I'm sure, do have children in our local 3 where the police officers try to teach our
4 community schools, and I, as an educator, am 4 children to say no to alcohol, it is a known
5 very concerned about the impact that this 5 fact that in Duval County, according to the
6 gambling establishment will have and the 6 surveys that are done every year by the children
7 impression it will make upon the children of our 7 in Duval County,that the beaches area has the
8 community. 8 highest drug and alcohol abuse.
9 Now, I know I'm not supposed to be 9 Now, if you're a parent, I think that's
10 emotional, so I will try my best not to be,but 10 something that you ought to be concerned about
11 I work every day with these children and I see 11 because children model the behavior that they
12 the effects that gambling has on the family and 12 see.
13 how it impacts their lives and how alcohol 13 I am very-- I was very pleased to see our
14 impacts their lives, so it's hard to --not to 14 soccer team recognized and these are the future
15 be emotional. 15 members of our community and we try to teach
16 Now, I believe the owners,the Johnstons, 16 them in the schools to say no to drugs and
17 who seem to have left, do not reside in our 17 alcohol,but I think the Commission would be
18 community, as I think I heard her say,they're 18 making a real statement if they approved this.
19 from Georgia, so they don't know how our 19 I'm asking you on behalf of the children,
20 children are affected. 20 who have gone to bed and who will be growing up
21 This is a business venture for them as well 21 in our community,to please deny this
22 as for the investors,but this is not the type 22 application.
23 of entertainment that I would like to have the 23 Thank you for listening.
24 children of our community see every time they 24 THE MAYOR: The next speaker will be Joseph
25 cross the bridge. Gambling is for adults, but 25 Posch.
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1 the children know exactly where their parents 1 AUDIENCE MEMBER: Good evening. I must be
2 are going and what they're doing. 2 the last, you said number 19.
3 Gambling is an addictive behavior. Now, I 3 THE MAYOR: There have been three more come
4 don't have the facts to prove that tonight, but 4 in since then.
5 if you've done any reading and you know anything 5 MR.POSCH: Joe Posch, 142 Magnolia,
6 about what goes on in our counseling areas, 6 Atlantic Beach.
7 addiction of gambling does exist and a lot of 7 This will only take me about one minute.
8 money is spent on gambling rehabilitation.8 I'm not speaking for or against gambling at this
9 Now, our investors didn't seem to make any 9 time,but I do have experience; I come from
10 remarks as to how they're going to fund 10 Atlantic City.
11 rehabilitation programs for the members of our 11 There are certain things that I heard
12 community who seem to have gambling problems. 12 tonight that really need to be looked at,I
13 Now, also I'm concerned about the alcohol, 13 think, from your side and that is a gambling
14 which has been addressed, and I'm wondering if 14 boat would be unregulated, so anything going on
15 our police department is going to monitor the 15 on that boat,no matter what it would be,would
16 blood alcohol level of the people when they get 16 come back if it happened in Atlantic Beach
17 off of these ships and enter our communities and 17 because there's no way to regulate the dealers
18 our highways. And I would like to ask if anyone 18 or the gamblers, and you've heard that before.
19 has any statistics about how many 19 The dealers in Atlantic City are all
20 alcohol-related accidents have increased in our 20 licensed by the state. The other thing is the
21 community since the La Cruise has gone to the 21 gambling industry lives on comps and that's why
22 Mayport area. 22 I don't-- I would suggest you don't get caught
23 I tried to cross out things that have 23 up into a per-ticket basis that is sold because
24 already been addressed. 24 the comps are given to the high rollers and
25 THE MAYOR: Thank you. 25 they're bussed and limousined in here. They
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1 don't pay to get on the boat,they go on free, 1 public hearing. We are putting off the
2 therefore, they won't even be counted on a head 2 deliberation and the final rendering of an order
3 count. 3 or a judgment because we do not have the zoning
4 Along with the comps,when the boat leaves, 4 in place.
5 the band starts and then the booze starts to 5 And as I -- I don't know when you came into
6 flow. That also is free for the-- for the 6 the meeting, but it's -- think of it as a set of
7 gamblers. The people that really gamble get 7 dominos. And the zoning is not in place for a
8 free booze.8 good reason, so that is going to be determined
9 I would suggest the city have some sort of 9 at the next meeting, and the DRI will not be
10 a license that you would be able to control 10 done until the zoning is in place. You're
11 whatever happened in a monthly period or in a 11 absolutely right.
12 three-month's period so you could take a look at 12 MR.ANDERSON: I understand,but
13 things. 13 nevertheless my objection stands. I believe
14 There is going to be an expense for fire 14 that once the zoning is in place,we're entitled
15 and police because that's who's going to be 15 to have a meeting after that and I believe we
16 called and I'm sure $50,000 a year is not going 16 have to repeat this whole process.
17 to cover that. I don't know, a boat doesn't pay 17 THE MAYOR: That's correct. Because of the
18 a tax to the city, I don't think. There should 18 addition,the city and I --the city attorney
19 be some sort of a way to establish a fee that 19 and I have discussed that just today. Because
20 would cover those costs, and along with those 20 of the addition of the zoning matter,we believe
21 costs would be proper insurance certificates to 21 that this public hearing will have to be done--
22 protect the city, and I thank you. 22 will have to be continued to our next meeting.
23 THE MAYOR: Thank you, Mr. Posch. 23 MR.ANDERSON: My objection is to having it
24 Speaker Number 20, Christopher Anderson. 24 (inaudible)until after the zoning is in place.
25 Audience member approaches the podium.) 25 THE MAYOR: I'm sorry? The crickets are
Page 94 Page 96
1 THE MAYOR: Sorry, Mr. Anderson,your name 1 just--go ahead.
2 begins with A and you come at the end. 2 MR.ANDERSON: I don't believe the
3 AUDIENCE MEMBER: I think if my name was 3 continuance is appropriate. I believe that we
4 Shaughnessy(inaudible) alphabetical order,too, 4 have to start this whole process all over again
5 but that's fair, I usually get to go first. 5 after the zoning is in place from beginning to
6 Mayor, commissioners, I would just like to 6 end.
7 say, I'm a resident of Atlantic Beach, 1679 7 THE MAYOR: Well,that would be a
8 Seminole Road. 8 procedural matter that I would defer to the
9 I would like to say for the record that I'm 9 attorneys. I thank you for at least bringing it
10 opposed to having a gambling ship in my city. I 10 up.
11 don't think it's a positive thing. Also-- and 11 MR.ANDERSON: My other point is the
12 while I'm disappointed to see few Atlantic Beach 12 traffic congestion. I commute every day from
13 residents here, I certainly agree with what 13 Atlantic Beach to downtown Jacksonville. The
14 Ms. Valerie Britt said earlier. I question the 14 commute's abominable. In three years it has
15 legality of what the council's doing in terms of 15 gone from a 20-minute commute to a minimum
16 not having the zoning ordinance in place first 16 45-minute outside an hour and 20 minutes each
17 before issuing the permit. I believe that you 17 way. Adding any more traffic even with the
18 probably have to straighten out the zoning 18 on-ramp and off-ramp,the fly-away ramp that's
19 first-- 19 going to be added, it would just be the straw
20 THE MAYOR: Point of order-- 20 that broke the camel's back.
21 MR.ANDERSON: Yes. 21 And I believe your city attorney will tell
22 THE MAYOR: --that is exactly what we are 22 you this,that once you allow one business of
23 doing. That is why the decision is deferred 23 any type into the community,you cannot stop
24 from tonight till the next meeting. We were 24 others from coming in,too. They're going to
25 holding this process and we are holding the 25 raise equal protection arguments. They're going
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1 to raise due process arguments. You cannot say 1 artery is under construction to increase the
2 this is just one ship because everybody has got 2 four existing lanes to six lanes.
3 a right to practice a certain type of business, 3 When a representative of C.B. Universal,
4 you can't give anybody a monopoly. You'll be 4 Incorporated,was questioned concerning the
5 opening the flood gates if you let one gambling 5 reason for the selection of Johnston Island for
6 ship operation in.6 the site of the proposed entertainment facility,
7 Mr. Wadman and Mr. Roth have done a great 7 he responded the same, that there are very few
8 job. I wish they would come to our community 8 islands and waterways left in Jacksonville for
9 and do something that does not involve alcohol 9 development projects. To us,this in itself
10 and gambling. I'm sure they would be a positive 10 should be reason enough to deny the request to
11 contribution. 11 attach a gambling ship to this piece of
12 For all the reasons I've just stated, I 12 property.
13 believe the meeting tonight is inappropriate and 13 Additionally, it is our understanding that
14 illegal and I would ask on public health, safety 14 another bridge is scheduled to be built over the
15 and morals reasons that our city not set a 15 Intracoastal Waterway and Johnston Island. This
16 precedent and allow gambling. 16 construction project will extend over a number
17 THE MAYOR: The next speaker will be 17 of years creating additional hazards. In fact,
18 Kathryn J. Dorsey. 18 to enter and exit Johnston Island at this time
19 AUDIENCE MEMBER: Thank you very much for 19 in itself is a hazard.
20 permitting me to address this meeting this 20 As stated earlier,we are concerned with
21 evening even though I'm not a resident of 21 the natural resources that the area--however,
22 Atlantic Beach. I reside at 453 Pablo Point 22 even more concerned with the human inhabitants
23 Drive in Jacksonville, Florida. 23 that reside in the area and invested a large
24 I am on the marsh,west of the proposed 24 part of their lifetime financial resources in
25 docking area on Johnston Island. Many of the 25 their homes. Among our concerns are
Page 98 Page 100
1 items that I want to discuss tonight of concern I navigational safety of individual boaters around
2 have been addressed already. With your 2 the dock area and around the ship mooring to the
3 permission, I will still repeat them because I 3 dock and getting underway,the displacement of
4 might address one point that may be different 4 the strong currents which shall be stationary at
5 that might be affected. 5 the (inaudible) location,enlargement of
6 As a resident of the Pablo Point 6 individual -- I'm sorry,endangerment of
7 subdivision in Jacksonville, Florida,we are 7 individual boaters injuring and (inaudible)the
8 writing,my husband and I,to register our 8 many water inlets off the Intracoastal and the
9 opposition and our concern in connection with 9 area(inaudible) six times a week.
10 the marina and multiple cruise ship gambling 10 The bridge on Atlantic Boulevard at the
11 casino operation proposed for Johnston Island. 11 Intracoastal Waterway that links Jacksonville
12 As interesting -- interested citizens,we 12 with the Mayport Naval Station and the beaches
13 are concerned with the impact this development 13 as well as the proposed bridge across Johnston
14 project will have on the natural resources,the 14 Island could be in jeopardy if a ship as large
15 (inaudible)environment. 15 as a casino ship were to break loose from its
16 As nearby property owners, we are equally 16 mooring. Experience a loss of power while
17 concerned with the resale value of our homes. 17 underway,the noise generated from the traffic,
18 It has been our observation that the roads now 18 a large number of people,music from the calypso
19 existing cannot handle the additional traffic 19 band on the sun deck of the ship and the routine
20 generated by this project without undue 20 operation of the cruise-size ship will travel
21 additional congestion and safety problems. 21 across the water and present a nuisance factor
22 Traffic at this time is so dense along Atlantic 22 for the local residents many hours a week during
23 Boulevard connecting the beaches and 23 both the daylight and at night. Pollutants
24 Jacksonville as well as serving as a means to 24 discharged in the water as well as the turbines
25 enter and leave Johnston Island that this major 25 from this large cruise ship,wake on almost a
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1 daily basis could possibly create erosion on the 1 the majority will prevail and that's a very
2 marshes, damage to existing (inaudible) along 2 important point to think about.
3 the water's edge and around Johnston Island. 3 If you--if the people attend the gambling
4 What affect will human activity,noise and 4 ship and it's profitable, it will survive. If
5 water turbulence associated with cruise ship 5 the people do not patronize it, it will not
6 activity have on land,water and air, animal 6 survive and it will be gone. You need to think
7 life in the location? Would these creatures and 7 about that.
8 nature be forced to seek another habitat more 8 Some of these other points that Albert
9 conducive to their existence? 9 Rabassa and Joe Posch made, I think those are
1 o We've enjoyed fishing in the Intracoastal 10 very critical and very important points.
11 Waterways,bird watching, observing otters, 11 Thank you very much.
12 raccoons, squirrels,rabbits, fox, armadillos 12 THE MAYOR: Thank you very much,
13 and possums, I mean, all kinds of birds. We do 13 Mr. Marchioli.
14 not want their environment and natural habitat 14 Is there anyone further who wishes to
15 disturbed for the sake of a gambling ship nor 15 speak?
16 the inhabitants,humans,that exist there. 16 AUDIENCE MEMBER: (Indicating.)
17 Thank you very much. 17 THE MAYOR: Ms. Gelts (phonetic),will you
18 THE MAYOR: Thank you. 18 come forward,please?
19 The last speaker on the list-- at least 19 MS.GELTS: (Complies.)
20 the last speaker with a form will be J. P. 20 THE MAYOR: Were you sworn in?
21 Marchioli,please. 21 MS.GELTS: Yes. Basically, I have some
22 You're already sworn in, Mr. Marchioli? 22 questions. What's the effect of this going to
23 MR.MARCHIOLI: Yes, ma'am. 23 have on Tresca? Is it now going to be like
24 THE MAYOR: You've already stated your 24 $500,000 that we're spending here? And Dutton
25 address. 25 Island,what's the effect that's going to be on
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1 MR.MARCHIOLI: I've heard a lot of pro and 1 Dutton Island, it passing by twice a day,every
2 cons, some good--good talks.2 day? What effect is it going to have me--with
3 Congratulations Mr. Rabassa and Joe Posch 3 the access that I have to the Intracoastal now
4 for some very,very good points. 4 on my boat in that--because that's where I --
5 I've been through this package at the city 5 we go on our boat. We have a boat at Pablo
6 clerk's office and I don't know how many people 6 Creek as well.
7 in here have been through that package and 7 Those are my main concerns. I oppose the
8 studied it,but one thing they have left out and 8 gambling ship. Thank you.
9 no one has mentioned it all night long -- I'm 9 THE MAYOR: Okay. Thank you.
10 sure -- I mean, it was not in the letter from 10 Yes, Ms. White.
11 the police department. I'm sure there's going 11 AUDIENCE MEMBER: I promise this will
12 to be a Wells Fargo or whatever hauling money in 12 really be quick.
13 and out of this location and how often and how,13 Nancy White --
14 I don't have any idea or concept,but it was not 14 THE MAYOR: You're entitled to the same
15 covered in the presentation. Okay?15 time --
16 Number two,thank the Lord we live in a 16 MS.WHITE: No. We're all tired. An
17 very democratic nation, and what's going to 17 understatement.
18 happen if this authority prevails and they do 18 Nancy White, 1729 Seminole Road,Atlantic
19 put in the-- an operation? There's going to be 19 Beach.
20 the law of supply and demand. People attend to 20 Now, I must say the commissioners all must
21 the gambling ship and they will (inaudible)make 21 know how I feel. I'm opposed to the gambling
22 any money and survive. And if they don't, it 22 ship.
23 will not survive because they're not going to 23 When I was a little girl I lived in
24 stay there if they need-- if they don't make 24 Philadelphia and my parents would send me,
25 any money, so we'll see what happens. I believe 25 before we went to someplace exotic like
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1 California or Europe,to Atlantic City with my I to continue with the DRI now.
2 nurse. You think anybody would send a child to 2 With regard to the public hearing, does --
3 Atlantic City with their nurse today? 3 which precedes what on the agenda, Maureen, do
4 I also think,number two,there are other 4 you have any idea? They're all new business,
5 ways of cleaning up Johnston Island and I'd be 5 aren't they?
6 glad to contribute, as I'm sure everybody 6 MS.KING: (Inaudible.)
7 opposed to this would be. I mean, it's not 7 THE MAYOR: All right. Well,we'll work
8 going to take a million dollars. 8 that out. We'll try to have it in the newspaper
9 I feel like what we're doing now-- and I 9 so that you are advised, and thank you.
10 only can speak emotionally,which I shouldn't 10 Inaudible discussion.)
11 do, but I have a question for you. I feel as if 11 THE MAYOR: Let me try to find my order
12 we're paying homage to greed and ushering out 12 here and I -- I wish to give everybody a chance
13 common sense when we accept this proposal. 13 to do that. I just want to make sure that I
14 I feel as a resident that I need to retain 14 follow this closely.
15 an attorney to protect my rights as a resident 15 Okay. You're right. Staff and then
16 of Atlantic Beach,which I chose because of its 16 applicant should have an opportunity to present
17 residential quality. I feel as if I need to 17 rebuttal evidence and after that we'll have
18 call up Sam Jacobson or somebody and say, 18 questions on the part of the commissioners.
19 "Please fight this element. I don't want it in 19 Right now I need to give staff an
20 Atlantic Beach." Why should I, as a person, 20 opportunity to present rebuttal evidence.
21 have to pay an attorney to take care of Atlantic 21 Mr. Jarboe.
22 Beach the way I want it? 22 MR.JARBOE: This is not rebuttal
23 I mean, I'm-- I am very upset. I also 23 evidence. I just want to clarify something for
24 wish you will take out the first gambling ship. 24 the Commission and the public. The staff has
25 I'm against -- and it's not moral -- so much 25 not approved the project(inaudible)earlier.
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1 moral. I like to play poker, I like to play I The staff just made recommendations if the
2 bridge,but I just don't want it in Atlantic 2 Commission approves it. I just wanted to
3 Beach. 3 clarify that for the record.
4 Thank you. I'm sorry to take your time at 4 THE MAYOR: All right. Mr. Worley, do you
5 this hour. 5 wish to speak?
6 THE MAYOR: That's quite all right. The 6 MR.WORLEY: Actually, I would request to
7 first gambling ship is not our jurisdiction. 7 be permitted to speak at the next meeting,give
8 All right. That is,I believe,the end of 8 me an opportunity to look at some of the
9 people who would like to speak, so at this point 9 information that's been provided tonight.
10 I close this session of the public hearing 10 THE MAYOR: I think it's a reasonable
11 because there will be additional information at 11 request in light of the volume.
12 the next meeting on the 11th in terms of the 12 All right. The applicants,would you care
13 zoning recommendation coming from the Community 13 to have this opportunity to speak?
14 Development Board. We will have to have a 14 MR.WADMAN: We'll speak at the next
15 public hearing on that night as well. We cannot 15 meeting also if that's --
16 simply tell you tonight, "All right. We've 16 MR.ROTH: We want to try to pull
17 heard from you and we're not going to hear from 17 everything together that was said tonight.
18 you again," and we change the circumstances on 18 THE MAYOR: I understand.
19 you. So we'll all be back here the same time, 19 MR.ROTH: Probably the best way to do that
20 same place --little bit different time. 20 is to just wait till everything is said and
21 That will be a very long meeting. We have 21 apparently there's going to be another
22 also on the agenda the report from our drainage 22 opportunity.
23 consultant. I would wish to ask-- and I'm not 23 THE MAYOR: It's an unusual event that it
24 finished with this, all I did was close the 24 is fragmented,but the annexation and a number
25 public hearing and I'm(inaudible). I'm going 25 of other issues that are not routine have caused
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1 it to be this way. And you are more than 1 detail. Where are the overboard fuel discharges
2 welcome to speak at the next meeting and you 2 located? Are they up on the upper decks? Are
3 would be anyway. 3 they out through the side? What means is going
4 Questions from the commissioners? 4 to be used to control these things and what
5 MR.BEAVER: I'm going to withhold 5 watches are going to be posted and is this a
6 questions at this point until the next meeting. 6 (inaudible)water displacement system or a
7 THE MAYOR: Mr. Borno. 7 guided tank system? In other words, does it
8 MR.BORNO: rve got a whole pad full of 8 turn around and revert(inaudible)with sea
9 them. They're all safety related and issues 9 water and displace fuel and you put fuel in and
lo that I have not heard anybody address from any 10 you discharge water? And the impact of what it
11 quadrant and it starts out with, do we know what 11 would do if it spills over the side.
12 the weight certification is of the bridge going 12 And then you get into the effects of the
13 out to Johnston Island that's been there for 13 wind when you're operating this vessel. And if
14 many years? Is it limited to a certain tonnage 14 it's anywhere near the size of the La Cruise
15 or a weight going across? 15 vessel-- and I took a good look, I walked
16 The reason I ask that is you've got fuel 16 Johnson Island today and all of it. And by wind
17 trucks that are going to need to go across,you 17 effect,you're going to have different wind
18 got water trucks that need to go across,you've 18 conditions and different vessels,regardless of
19 got trash pickup trucks that need to go across. 19 power,thruster,whatever,we're going to seek a
20 How is the limitation, if there is a limitation, 20 sail effect with wind. Is it going to hit it on
21 established to it? How is it going to be 21 the quarter? Is the quarter going to be turned
22 controlled? 22 around and be-- and is it going to be powered
23 Then I get into my conversation with the 23 enough, depending on our wind conditions,to
24 Corps of Engineers today and what the channel is 24 control itself? I haven't heard that
25 in the Intracoastal Waterway. And its max width 25 addressed.
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1 is 125 feet and when you get into certain areas 1 What else have I got here?
2 where there is maneuvering or a corner to be 2 Oh, anchor chains. I haven't heard--
3 turned, it could go as large as 135 maybe 3 that's an emergency type procedure in case you
4 140 feet,yet I'm being told that we can turn 4 lose the whole engineering plant. And I haven't
5 around and take a ship with two diesel engines, 5 heard anything or anybody address in any of
6 assuming that an (inaudible)would be operated 6 these issues that they've given credence to do
7 so that you can use them for twisting. 7 that in an emergency and what's the length of
8 What about the bow thruster? And I take a 8 those chains and are they of sufficient capacity
9 255-foot ship and I can twist it in this 9 to handle that tonnage and stop? Then you have
10 restricted limited waters without any problems? 10 to take into account if an anchor's going to
11 I'd like to see evidence of that,not 11 work,what's the type of holding grounds we've
12 conversation. 12 got there, silt? It's going to slide; they're
13 Then we get into--when we do fuel, we 13 not going to grab hold.
14 talk about, "Well,put a fueling boom around 14 Then I turn around and get into the crew
15 it." Fueling booms float. Fueling booms are 15 training,water certification for crew members
16 susceptible to effects of the current. We get a 16 and do they stand what we consider an anchor
17 current running through there twice a day or 17 detail or are they there for emergencies or just
18 four times a day and you get the ebb and flow 18 going to be--panic at the last second when
19 tides. I don't think satisfactorily that a 19 everything happens?
20 boom,with that current, in that restricted 20 Have -- anybody tell me good,factual
21 amount of flow,could be maintained to 21 information on the depth of the water over in
22 adequately provide protection. 22 this restricted area that we're going to go
23 That goes into my thoughts about crew 23 into? You know,we know it(inaudible),but
24 qualifications and I haven't heard anything 24 where's the cooling water suction? Is it high?
25 addressed to that and-- for example,fueling 25 Is it low? Is it shiftable to the main
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1 engines? If it's low, is it going to be fixed? 1 for at least a few of the questions -- I thought
2 Is it going to get plugged up? Are we going to 2 to myself, Mr. City Attorney,these are probably
3 turn around and add to the capacity? Are we 3 issues that other agencies with greater
4 going to turn around and allow it to turn around 4 expertise than I, perhaps not than you,
5 and plug up? I've lived through those events 5 Mr. Borno,but then I would(inaudible).
6 and it's not a pleasant event. 6 How-- at some point do we find out what
7 I guess I could go on and on and on. Most 7 the other agencies, for instance, the Coast
8 of mine is from--related from ship handling, 8 Guard and Corps of Engineers have looked at,
9 capacity,capability,crew training and safety, 9 what they have required? I mean,I want to know
10 and last but not least,mooring plans. Nobody's 10 more than there's been an approval. I want to
11 addressed a mooring plan. They tell me we've 11 know what they looked at or what they required.
12 got dolphins and we got pilings that we're going 12 MR.JENSEN: I think you either have to ask
13 to put out there. And then I heard the comment 13 the applicants or Mr. Worley on behalf of the
14 tonight, "We're going to lock it up and 14 city. They are here to present their case and
15 everybody leaves and goes when we finish with 15 if there's additional information that hasn't
16 it." 16 been presented that this commission wants to
17 We can (inaudible) come up --you know,how 17 consider,they're going to have to answer your
18 many lines are going to be on that thing, four, 18 questions.
19 six? What type of storm lines? How much 19 THE MAYOR: Okay. Well,this entire
20 movement is going to be allowed in this mooring 20 procedure can take place before any permits have
21 plan? What is the relationship to it when it's 21 been decided on?
22 supposed to be in its position? 22 MR.JENSEN: Well,the public hearing and
23 And what safety factors do we have if 23 the decision in any development order that this
24 something comes up? Are we going to have a 24 Commission were to enter could make specific
25 watchman that's got a cell phone,he's going to 25 requirements regarding permits and other-- as
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1 call somebody and it takes an hour for everybody 1 well as any other conditions.
2 to get there and then they think about lighting 2 THE MAYOR: Okay. Thank you for that point
3 off and maybe move the ship? What kind of 3 of order.
4 emergency procedures we got? 4 Commissioner Mitchelson, did you have your
5 Those are the concerns that I think address 5 --you always say I never look that way. Do you
6 whether it should be sitting there and whether 6 mind if he --
7 it's an endangerment and it-- instead of turn 7 MR.MITCHELSON: I don't mind if
8 around and assuming that there's not going to be 8 Mr. Meserve goes first.
9 a problem,you have to always look at--there 9 THE MAYOR: Commissioner Meserve.
10 is potential,more on the majority side, of 10 MR.MESERVE: I've just got a couple of
11 having a problem than there is not having one. 11 questions, fairly routine, for Mr. Roth.
12 And so in turn you've got to be prepared to 12 You said the ship is 255 feet long, 51 feet
13 handle it and not say, "Woops,there goes the 13 wide. What's the height above the water line?
14 main artery to Atlantic Beach,but that's fine, 14 MR.ROTH: The freeboard or to the stack?
15 we'll just ship traffic over to beach or 15 MR.MESERVE: To the top of the highest
16 whatever." 16 object that can hit something that's lower than
17 I question whether it is a well thought-out 17 that.
18 approach of where the positioning and all the 18 MR.ROTH: 58 feet.
19 interrelationships as I've seen it proposed in 19 MR.MESERVE: Okay. And the draft I
20 writing, and that's as much as I can remember 20 understood,but I haven't seen it in an official
21 off the top of my head and read from my glasses 21 document, it's 15 feet?
22 fogged up. 22 MR.ROTH: Fifteen.
23 THE MAYOR: Thank you, Commissioner Borno. 23 MR.MESERVE: The distance was mentioned
24 I have a point of order question that 24 tonight, and I should look on the chart,but
25 Commissioner Borno's comments have --there are, 25 what's the distance from Johnston Island to
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1 seaward? 1 MR.MESERVE: To me, I -- I mean, I look at
2 MR.ROTH: It's approximately 11 miles.2 the geometry of this thing. If you're going to
3 MR.MESERVE: And what is your estimate on 3 make it to the open ocean in one hour,which is
4 time to get from Johnston Island to that point? 4 what it takes La Cruise, according to them, and
5 MR.ROTH: One hour. 5 they're a heck of a lot closer to the ocean --
6 MR.MESERVE: Okay. 6 and this boat is -- if it's got to make 11 knots
7 MR.ROTH: There are certain areas in the 7 and if it's going on an incoming tide-- and I'm
8 Intracoastal that we're aware of that are slow, 8 a ship driver myself, I'm a license Merchant
9 no --no wake, slow speed. 9 Marine guy--that means it's got to be charging
10 MR.MESERVE: In just about every place you 10 on the Intracoastal like --you know, if it's
11 can --you're going to go to,to some degree, 11 got a 5-knot incoming tide,which is not
12 (inaudible) 255 foot vessel,which is going to 12 uncommon,then it's got to be making 15, 16
13 take the entire channel.13 knots to do--to make 11 over the ground. It's
14 Now-- I was just curious because I don't 14 got to make that all the way out or it's got to
15 know what the currents are like in the 15 go like hell by Mayport,which is a no-wake
16 Intracoastal Waterway,but they can be pretty 16 zone, and that's -- I don't know if that's been
17 vicious and you're going to (inaudible). I 17 addressed. Obviously, it must have been
18 don't know how you do it in one hour, but . . . 18 addressed with the Coast Guard or somebody, but
19 MR.ROTH: Well, we're figuring that we're 19 that's means you've got to get that--that
20 going to average at least 11 knots. So there 20 255-foot ship going down at night in the dark
21 are some areas we have to go 3 or 4 knots and 21 with fishing boats parked all over that place,
22 there's other areas, once we hit the river with 22 and not all of those in the best condition from
23 the ocean -- 23 a driving standpoint, and it's going to cut--
24 MR.MESERVE: But you're going out on an 24 you know, if theoretically it would make a
25 incoming tide -- I'm just curious, and it's 25 one-hour turnaround, it's got to go 15 knots or
Page 118 Page 120
1 probably -- it may not even be part of our 1 plus on average to make a one-hour trip out to
2 decision process. I'm not sure. That's one of 2 the ocean.
3 the questions I have that I haven't really 3 And I will tell you, I have concerns about
4 gotten resolved in my own mind. 4 that--that ship or casino cruise or any other
5 We're deciding this DRI issue based on 5 ship coming in that Intracoastal at that speed
6 everything we hear that says to us, What's the 6 if that's -- if that's what we're going to do.
7 greater good to the community, I guess. I -- 7 Those --but those answered my questions.
8 and I'm not sure -- Mr. Borno had a lot of 8 Thank you very much.
9 technical questions about training and crew, 9 THE MAYOR: Commissioner Mitchelson, and
10 training and all the other things. I assume 10 thank you for waiting.
11 it's a licensed vessel and it has to go through 11 MR.MITCHELSON: Have you all done any
12 a Coast Guard(inaudible), so you could assume 12 thinking as to where you're going to ride out a
13 that we could throw all that at the Coast Guard 13 hurricane? I know the Navy ships leave port
14 and say, "You guys check it out and if you guys 14 when a hurricane's coming because it's too
15 check it out,then it's okay with us." 15 dangerous to leave them tied up at the docks and
16 And, again,I don't even know if that's our 16 with the bridge there and dock and everything
17 responsibility or not. I would ask,through the 17 there. What is your plan for when a hurricane
18 Chair,our attorney,whether that is a 18 is striking our area? And it will,I mean,
19 responsibility or a part of our decision 19 we've been lucky,but sooner or later it will be
20 process, and if it's not,I'm not going to ask 20 our turn. Where is your ship going to ride out
21 the questions anymore.21 a hurricane?
22 MR.JENSEN: I think it's certainly a 22 MR.ROTH: The DRI application had
23 reasonable condition you all can place on any 23 information and our plan is essentially the same
24 development order to satisfy the concerns -- 24 as the Navy ships. We will take the ship off
25 many of which were raised by Commissioner Borno. 25 shore.
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Taken on April 27, 1998
Page 121 Page 123
1 MR.MITCHELSON: I also had a question 1 machines without actually being determined,
2 similar to--but Mr. Meserve beat me to it, 2 according to the media reports that I have
3 regarding the height of the ship, and just in 3 read. If my understanding is correct,the law
4 terms of our considerations from Atlantic Beach,4 allows slot machines to be aboard ship as long
5 height of the ship being 58 feet is quite a bit 5 as they are not being utilized while they are
6 -- considerably higher than any structure we 6 within the(inaudible) limit. And this allows
7 would ever allow to be built in Atlantic Beach. 7 this placed on the books out of respect for
8 And talking about--talking about the 8 ships traversing the ocean into foreign ports
9 impact to a community and things of that nature,9 where the laws of only one country were not the
10 I would visualize a structure that's going to be 10 only laws governing the conduct of what went
11 there that often is -- it bothers me to be 11 on board.
12 thinking of approving something that is time and 12 But the difference between those ships,
13 a half taller than the highest building that we 13 which are exempted, and the out-and-back type of
14 would allow to be constructed in Atlantic Beach. 14 ships are that there is never any type of an
15 Another point, 200 cars times 2 times a day 15 entering into a foreign port and as such the
16 parking on a grass parking area is going to soon 16 purpose for which they allow(inaudible)was
17 result in no grass whatsoever leading to the 17 made is not really relevant to the ships from
18 entire island--or the parking area of the 18 nowhere. And I feel like if we're going to be
19 island(inaudible) a huge sand pit. Anybody 19 considering approving or disapproving a gambling
20 who's seen the parking around the Jaguar games 20 ship that we ought to request through our city
21 and things of that nature knows you can't-- and 21 attorney a final ruling from Bob Butterworth as
22 those are one-every-two-week intervals for a 22 to whether or not slot machines are, in fact,
23 three-month period of time. We're talking about 23 legal on gambling ships in Florida.
24 twice a day,winter and summer,no(inaudible) 24 I mean,you got away with it the first time
25 periods,getting driven on and parked on every 25 because the request was backed off of and that
Page 122 Page 124
1 single day and I will tell you that that--the 1 was convenient,but I think that we're going to
2 island will be ground-in into a sand pit and 2 be considering it at this point and I think we
3 there's going to be subsequent hard rain where 3 ought to know that before we render a decision.
4 it will leave pieces --bits of the island are 4 THE MAYOR: Okay. Timing will be
5 going to be washed into the Intracoastal 5 considered on that one. We could try.
6 Waterway.6 As I understand it--because,believe me,
7 I'm concerned about wake watch. John 7 I've called-- I'm going to have a phone bill
8 mentioned the speed at which the power of that 8 with lots of Tallahassee calls to turn in.
9 ship will have to be moving in the Intracoastal 9 The state,no matter what, cannot regulate
10 Waterway. There's a great deal of fishing in 10 what does not happen in state waters and that
11 the Intracoastal Waterway and I -- a 40-to 11 does not happen in state waters is the answer I
12 50-foot yacht going down the Intracoastal 12 was given from DCA and a number of other people.
13 Waterway displaces a tremendous amount of water 13 MR.MITCHELSON: The consideration that was
14 in that narrow channel and I think that we will 14 going on at that time had to do with the
15 have a significant impact to Atlantic Beach 15 possession of slot machines when they were in
16 shoreline,be it either the marsh or Dutton 16 state territory and the exception was made for
17 Island,by this ship moving back and forth. 17 ships originally because they were actually
18 And,finally,the City of St. Augustine 18 going away to another country and that-- it
19 asked Bob Butterworth for a ruling regarding the 19 wasn't whether or not they were regulating the
20 legal status of slot machines on gambling ships 20 conduct past the three-mile limit,it was the
21 operating out of Florida ports. And prior to 21 possession themselves out of the slot machines
22 Mr. Butterworth rendering a decision,the 22 on ships that were never entering a foreign port
23 application for that particular gambling ship in 23 that was up for question.
24 St. Augustine was withdrawn and with it ended 24 THE MAYOR: All right. Thank you.
25 the consideration of that legal status for slot 25 Mr. Borno.
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203 Page 121 - Page 124
Proceedings before the City Commission Multi-Page City of Atlantic Beach
Taken on April 27, 1998
Page 125 Page 127
1 MR.BORNO: Question,clarification of the 1 MR.BORNO: More displacement of water.
2 two owners. 2 Okay. Thank you.
3 You did say that the draft of the vessel is 3 MR.ROTH: Also,it's --you know ships,
4 15 feet? 4 Commissioner Meserve knows ships, (inaudible)
5 MR.WADMAN: Yes. 5 displacement of ships. That's a(inaudible)
6 MR.BORNO: That's maximum? 6 wake,just trying to get everybody to understand
7 MR.WADMAN: (Inaudible.)7 that. A lot of people think it's --you know, a
8 MR.BORNO: Okay. Is that what you plan on 8 40-, 50-foot boat going 15 miles an hour has a
9 operating the vessel at is at operating draft? 9 huge wake, 4 or 5 feet,which it does,but this
10 MR.WADMAN: We (inaudible)the maximum 10 ship --you know, if you see-- anybody watches
11 worst case basis,yes. 11 a barge going up and down the Intracoastal
12 MR.BORNO: Okay. 12 Waterways doing 8 or 9 knots,the water doesn't
13 MR.WADMAN: But that's operating 13 even move, so I just wanted to --
14 (inaudible)with less people, less fuel, less 14 MR.BORNO: You got displacement effect,
15 (inaudible.) 15 you got a(inaudible)effect. The displacement,
16 MR.BORNO: Unless my memory's failing me, 16 when that wake goes by-- if you watched a barge
17 and it could be,but I know I was told today 17 go by,it turns around and pushes water ashore
18 that the average depth of the channel in the 18 and it sucks the water behind it,not a wake,
19 Intracoastal Waterway at(inaudible)water is 19 but it displaces it and it moves a lot of things
20 12 feet maintained. 20 because it has a lot of water in motion,the
21 MR.ROTH: Do you want me to respond to 21 displacement does,the bottom effect.
22 that? 22 MR.ROTH: It doesn't cause a large wake
23 THE MAYOR: You may. You may respond to 23 like people think.
24 any question that a commissioner has. 24 MR.BORNO: I'm not concerned about the
25 MR.ROTH: That depth,that 12 foot that 25 wake effect. I'm concerned about the
Page 126 Page 128
1 you apparently got some information on today is 1 (inaudible) and what it does.
2 what they consider to be a control depth and 2 THE MAYOR: All right. Final argument by
3 that control depth is only basically used when 3 the applicant. Would you prefer to defer?
4 the Army Corps of Engineering has to do dredging 4 MR.WADMAN: Yes. Thank you.
5 to maintain (inaudible) and no dredging has ever 5 THE MAYOR: I think that's appropriate. To
6 been necessary,to my knowledge or the Corps 6 get final argument now is an exercise in
7 knowledge,between the Intracoastal bridge and 7 futility.
8 (inaudible) in that entire area.8 Final argument by staff. Would you like to
9 When we begin to silt up over near the ship 9 defer?
10 yard, as a matter of fact, I think because of 10 MR.WORLEY: Please.
11 something they did recently to the bridge,put 11 THE MAYOR: All right. We'll consider both
12 some big braces underneath the bridge or 12 of those deferred.
13 something, I'm not really sure,but on the east 13 All right. So this is as far as we are
14 side of the island it boarders approximately 14 going. We are not going to take commission
15 30 foot deep -- 15 action in terms of a vote and we are not going
16 MR.BORNO: So it's approximately 30 foot 16 to request the applicant to respond or final
17 deep on the inside of the island and do you have 17 staff recommendation. We are better served
18 charter depths all the way up? 18 doing it at the next meeting.
19 MR.ROTH: We have charters all the way out 19 Are there any questions about what I have
20 to the river and the lowest point, I think, at 20 just said? Would anyone like --I know we all
21 low tide is 18 feet. 21 have-- does anyone want to see it,though, and
22 MR.BORNO: So if it's at 18 feet, if 22 bring it with them,just wants to take a look
23 you're operating at a displacement of 15,you'd 23 and make sure?
24 have a(inaudible)effect of 3 foot then? 24 COMMISSION MEMBERS: (No response.)
25 MR.ROTH: Correct.25 THE MAYOR: Okay. All right. Then we will
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203 Page 125 - Page 128
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Taken on April 27, 1998
Page 133 Page 135
1 MS.BRADY: That's why I'm asking the 1 going to review that?
2 question as to what--when is that procedure 2 MR.JENSEN: (Nods head.)
3 going to -- 3 MS.BRADY: You have?
4 THE MAYOR: That is why we asked the 4 MR.JENSEN: Uh-huh.
5 question of the state and the answer we were 5 MS.BRADY: Who did you speak to?
6 given is that it is not necessary in this case 6 MR.JENSEN: First of all,could we have
7 to have that in place before the DRI,the 7 who she is and who you're representing?
8 determination of regional impact is made, and I 8 MS.BRADY: Sorry.
9 think that the wrench in their is the 9 MR.JENSEN: Who are we talking to?
10 annexation. 10 MS.BRADY: Elyse Brady, I'm sorry, 3550
11 MS.BRADY: Well,what about the zoning? 11 Eunice Road. I was up earlier.
12 Your addressing the zoning has to do with 12 I didn't mean to pop up at the end of the
13 the --the land use. The land use is a 13 night, but I just need to fully understand
14 legislative issue and the zoning issue is 14 exactly the step-by-step process here. It's a
15 quasi-judicial. And I -- I just don't see how 15 little cloudy to me and I think if it's cloudy
16 the two of them are meshing into the process 16 to me it's probably cloudy to a few other
17 that's going on here. I think that's why that 17 people. So I just happen to be--you know,
18 gentleman was referring to the --you know, was 18 speak up.
19 concerned with all that. 19 So if you could perhaps share with me the
20 THE MAYOR: I understand that and I can 20 contacts that you made at DCA,you know, I --
21 easily see why someone would think that way, 21 I've just never seen it done like this before,
22 would feel that way,would think that way on the 22 so that's why I'm kind of confused. And if
23 basis of the facts. You have -- for instance, 23 they're giving you that information, then I
24 you are not the first person to say that your 24 don't understand why it's being handled
25 zoning must be compatible with your comp plan, 25 differently in other areas.
Page 134 Page 136
1 your land use. 1 THE MAYOR: Ms. Brady,we are relying upon
2 MS.BRADY: Correct.2 the advice of the city attorney for this process
3 THE MAYOR: So that is what prompted us to 3 and he is diligently trying to ask these
4 ask the question today of the state, Do we need 4 questions and have answers. We have researched
5 to do this before this? And the answer we got 5 a number of issues,whether or not we even have
6 was no and so we are proceeding in this matter. 6 to have this process, (inaudible)on some
7 MS.BRADY: Okay. Just for clarification, 7 unfunded mandates being forced to do this, in
8 Do you need to do this before this,can you 8 terms of monitoring and things like that in a
9 clarify what"this" is before the "this"? Do 9 development order. I don't know if you've
10 you need to do a DRI before a zoning? Do you-- 10 gotten that far in the process.
11 what is -- 11 MS.BRADY: I don't know what you mean by
12 THE MAYOR: We are told that we need to do 12 development Band-Aids.
13 zoning before DRI. We'll need to do zoning and 13 THE MAYOR: Pm not going discuss it here,
14 DRI before comp plan. That's what we're told. 14 I don't think.
15 MS.BRADY: Can I ask you with whom you 15 Is this the appropriate place?
16 spoke with at the state? 16 MS.BRADY: Okay. Well,could I -- could
17 THE MAYOR: I was just going to volunteer 17 you just share with me--
18 that.18 THE MAYOR: We'll leave it--
19 Was it a fellow named Brown? 19 MS.BRADY: Okay. So --just so that I
20 MR.JENSEN: Mike Brown's with RPC. 20 understand and please forgive me for doing this
21 THE MAYOR: Mike Brown with the Regional 21 at the last minute.
22 Planning Council. 22 Okay. So next week--the next-- at the
23 MS.BRADY: So have you spoken to anybody 23 next meeting you will be making a determination
24 with the Department of Community Affairs at this 24 on the zoning per the recommendation coming from
25 point with regard to the comp plan since they're 25 your Community Development Board,correct?
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203 Page 133 - Page 136
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City of Atlantic Beach
Taken on April 27, 1998
Page 137 Page 139
1 THE MAYOR: The answer to your procedural 1 THE MAYOR: This is in answer to your
2 question is: On the 11th we will make a zoning 2 question.
3 determination provided we have heard from the 3 MS.BRITT: Okay.
4 Community Development Board whose meeting is 4 THE MAYOR: What was --
5 scheduled for next Tuesday. 5 MS.BRITT: What was the exact question,if
6 MS.BRADY: Okay. 6 you remember--
7 THE MAYOR: After we've made the zoning 7 THE MAYOR: Excuse me.
8 determination,then we will complete the 8 MS.BRITT: I'm sorry. Through the Chair,
9 development of regional impact. It was assessed 9 I'm sorry. I'll sit down.
10 as being proper to do the one before the other. 10 THE MAYOR: I'll ask the question of the
11 MS.BRADY: And then following that, you do 11 city attorney. You don't have to sit down.
12 -- is when you're going to be doing the map 12 MS.BRITT: Okay. Thank you.
13 amendment? 13 THE MAYOR: How did you phrase the
14 THE MAYOR: That is my understanding. 14 question?
15 MS.BRADY: Thank you. 15 MR.JENSEN: The exact question was,Do we
16 THE MAYOR: All right. You're welcome. 16 have to amend the comprehensive plan prior to
17 MS.BRITT: (indicating.) 17 doing zoning and the DRI? The answer was no.
18 THE MAYOR: As long as it's a point of 18 MS.BRITT: Okay. Thank you very much.
19 order because the public comment period is over 19 THE MAYOR: You're welcome.
20 for tonight. 20 MR.JENSEN: It's not required by statute
21 MS.BRrrr: Okay. Valerie Britt, 378 21 to do it in a-- in that particular order. We
22 Tilefish Court. 22 are not rezoning property,we are assigning a
23 Could I just continue that question just 23 zoning classification.
24 one step farther? Could I ask to -- for the 24 MS.BRrrr: Okay. Thank you very much.
25 record the specific question that was asked? 25 And I'm sorry,I know it's late,but I wanted to
Page 138 Page 140
I Could we -- could we enter that into the 1 fully understand what we're doing so we can make
2 record? 2 our comments accordingly.
3 I'm hearing the answer,but what was the 3 Thank you very much.
4 specific question I'm hearing,you do this 4 THE MAYOR: This is an important issue and
5 before that? 5 it's important to understand. You read things
6 And the reason I'm asking that, I do know 6 in the paper,you hear rumors. It's not a
7 that Chapter 163 of the state law allows for-- 7 rezoning.
8 in case of an annexation to maintain the land 8 MS.BRITT: I understand that.
9 use and the zoning; however, if you were 9 THE MAYOR: It's an assignment of initial
10 changing the zoning,that change would have to 10 zoning. Try to think of it in that way.
11 be consistent with the comprehensive plan. So I 11 MS.BRITT: I understand. Thank you.
12 saw that we had two options and I saw that we 12 THE MAYOR: Okay. All right.
13 have left the Jacksonville comprehensive plan 13 The Commission of the City of Atlantic
14 and we're moving here to do the zoning, so that 14 Beach adjourned the foregoing proceedings at
15 means that if we're doing the zoning we would 15 11:47 p.m.)
16 need to have that zoning consistent with the 16
17 underlying land use and-- and I'm concerned, 17
18 too,that we're not doing --that we, as a 18
19 community, are not doing a land use amendment. 19
20 And so,therefore,I wondered what the exact 20
21 question was because I do know that you can do a 21
22 rezoning within an annexed area if you're 22
23 staying with the old comp plan,but we're not, 23
24 we're moving to a full-blown Atlantic Beach 24
25 project. 25
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203 Page 137 - Page 140
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Taken on April 27, 1998
Page 141
1 CERTIFICATE
2
3 STATE OF FLORIDA:
4 COUNTY OF DUVAL :
5
6 I, Diane K. Tropia, certify that I vas
7 authorized to and did stenographically report the
8 foregoing proceedings and that the transcript is a
9 true and complete record of my stenographic notes.
10 Dated this day of 1998.
11
12
13
14 Diane K. Tropia
15
16
17
18
19
20
21
22
23
24
25
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203 Page 141 - Page 141
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Taken on April 27, 1998 City of Atlantic Beach
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1983 p1 59:24 50-foot[2] 122:12 127:8 acting[11 9:12 agencies psi 20:13 29:9
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1998[s1 1:8 3:2,6 26:23 51 [11 116:12 130:1 39:16,21 41:2 46:2 52:4
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Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203 Index Page 1
Proceedings before the City Commission Multi-Page""` answered-brief
Taken on April 27, 1998 City of Atlantic Beach
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Diane M. Tropia,P.O. Box 2375, Jacksonville, Fl 32203 Index Page 2
Proceedings before the City Commission Multi-Page briefly - congestion
Taken on April 27, 1998 City of Atlantic Beach
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Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203 Index Page 3
Proceedings before the City Commission Multi-Page Congratulations- disputes
Taken on April 27, 1998 City of Atlantic Beach
Congratulations[1] convenient[1] 124:1 crossing[1] 78:10 deciding[2] 9:18 118:5 determined[3] 16:6
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Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203 Index Page 4
Proceedings before the City Commission Multi-Page distance - factor
Taken on April 27, 1998 City of Atlantic Beach
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Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203 Index Page 5
Proceedings before the City Commission Multi-Page factors-heard
Taken on April 27, 1998 City of Atlantic Beach
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Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203 Index Page 6
Proceedings before the City Commission Multi-Page
TM
hearing - Johnson
Taken on April 27, 1998 City of Atlantic Beach
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67:20 68:8,9,15 71:16 J-
Y 73:24 99:15 100:8,1173:23 80:15 81:12,23 89:5 50:22 51:1 67:13,21 J[3] 9:11 97:18 101:20highways[1) 90:18 98:13 111:10 121:9 101:10 104:3 109:25
Hipps[i) 56:21 122:15 129:2 133:8 137:9 industry[z) 53:11 92:21 117:8,16 119:10 120:5 Jack[i) 83:25
hire[2] 40:4 70:15 impacted[3] 79:23 80:1 inexperienced[i) 79:6 122:5,9,11,12 125:19 Jacksonville[2.4) 16:6
hit[a) 59:24 111:20 81:19 information[is) 9:17 126:7 127:11 30:17 47:6 51:1 57:5 63:1
116:16 117:22 impacting[2] 15:12
9:21 10:9 12:7 15:14 25:9 Intracoastal-Atlantic 64:23 67:1 68:3 69:22
hold[a) 3:16 33:9 89:2 72:17
26:10 53:14 54:17 56:4 [1] 77:12 71:22 74:3 76:7 78:4 80:5
62:16 106:11 108:9 introduce[1) 52:17 87:2,17 96:13 97:23 98:7
112:13 impacts[3] 24:5 89:13 112:21 115:15 120:23 98:24 99:8 100:11 138:13
holding[3] 94:25,25 89:14 126:1 135:23
introduction[2] 8:20
Jacobson[i) 105:18
112:11 impatient[) 48:6 infrastructure[3] 36:16 .
14:21
holds[i) 29:16 important[s) 61:18 73:19 85:25
Intrusive[2] 49:12 67:13 Jaguar[1) 121:20
Hollywood[1] 46:6 62:18 63:12 77:18 103:2 ingress[i] 16:9
inundated[i) 49:14 Jaguars[1] 87:1
homage[i) 105:12
103:10 140:4,5 inhabitants[2] 99:22
invested[2] 82:20 99:23 Janice[1] 51:18
home[6] 7:11 60:23
Imposed[i) 73:13 101:16 investors[2] 89:22 90:9 Jarboe[6] 1:19 10:3,23
impression[i) 89:7 invite[i) 6:10
10:24 107:21,22
66:13 81:17 88:22,23 P initial[a) 16:21 17:18 Jensen[32] 1:19 4:9,11
homeowner m 88:20 improve[2] 67:19 71:25 19:8 140:9 invoked[1] 46:12
5:21 12:19 26:16,18 27:4
homes[a) 40:24 50:11 improvement[4) 63:15 initiated[2] 52:5 130:24 involve[1] 97:9 27:10,13,16 58:16,23 75:5
98:17 99:25 64:1 68:15 73:10 initiatives[i) 72:2 involved[s) 8:6 27:22 75:24 115:12,22 118:22
hope[12] 3:21 7:19,25 improvements[i)injuring[i) 100:7 29:10 69:4 86:7 131:7,9,11,17,25 132:5,8
36:11 47:23 50:23 53:14 24:22 involvement[i) 72:2 134:20 135:2,4,6,9 139:15inlets[1] 100:8
70:21 73:12,25 78:23 87:8 improving[i) 36:13 input[i] 20:7 IRS[i) 70:1
139:20
hopefully[i) 39:24 inability m 9:15 island[87] 2:6 3:11 5:9
Jensen's[1) 10:18
ins[z] 4:2,10
hour pa] 59:21,21,22 73:5 inappropriate[i) 97:13 inside[z) 30:6 126:17
7:16 11:11,12 15:5 16:4,9 jeopardy[ l 100:14
80:17 85:12,12 96:16 inaudible[54] 7:23 10:416:12,18 17:4,6,7 18:1,14 jet[i) 39:6
106:5 114:1 117:5,18 12:21 13:20 27:17 33:5
install[1) 31:6 18:25 19:6 20:4 23:2,18 jetty[1) 85:10
119:3 127:8 42:15 44:4 65:4,9,17 66:8 installed[3] 33:12,24 23:22 25:6 29:5,22 30:14 JIM[t) 1.19
hours[9] 15:25 24:14,16 75:3,5 76:22 94:4 95:24 34:8 31:2,6,10 35:8,21,25 36:2
40:17 59:20 73:4 79:9 98:15 100:5,7,9 101:2 installing m31:4 36:13 38:10,14 40:10,11 job[)997:8
85:13 100:22 102:21 106:25 107:6,10 instance[3] 61:15 115:7
40:23 42:10 48:2 57:7,7,8 jobs[1] 35:20
house m 78:7 107:25 110:6 111:6,8 133:23
63:16,22 65:8,16 66:9 Joe[3] 92:5 102:3 103:9
112:23 113:17 115:5 67:3,22 68:13,16 71:17 John[9] 1:14 7:20 28:3,4households[i) 71:21
117:12,17 118:12 121:19
instead[i) 114:7 72:6,7,10,11 73:22 78:16
huge[3) 85:11 121:19 insulted[2] 83:13,18 79:22 82:25 97:25 98:11
28:16 36:18 44:7,11 122:7
121:24 123:6,16 125:7,10
127:9 125:14,15,19 126:5,8,24 insurance[1] 93:21 98:25 99:5,15,18 100:14 Johns[6] 11:17 23:12,13
hull[z] 30:7,9 127:4,5,15 128:1 129:17 insurmountable[1]
101:3 103:25 104:1 105:5 24:2 37:11 64:12
109:13 111:16 116:25 Johnson p) 111:16
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203 Index Page 7
Proceedings before the City Commission Multi-Page Johnston-meeting
Taken on April 27, 1998 City of Atlantic Beach
Johnston[36] 2:6 3:11 lanes[41 48:4 78:23 99:2 108:11 lots[1] 124:8 matters[4] 5:22 11:2
7:15 11:11 48:2 57:6,8 99:2 lighting[1] 114:2 love[1] 9:18 51:16 54:2
63:16,22 65:7,16 66:9 large[1s] 1:11 30:3,10lights[1] 48:24 low[3] 112:25 113:1 Maureen[3] 1:20 13:23
67:3 68:13 71:17 72:6,10 35:17,21 59:13 65:10,14 liked[1] 33:22 126:21 107:3
72:11 73:22 78:16 79:22 80:20 99:23 100:14,18,25 lower[1] 116:16 max[1] 109:2597:25 98:11,25 99:5,15 110:3 127:22 limit[3] 46:15 123:6
99:18 100:13 101:3 105:5124:20 lowest[1] 126:20 maximum[3] 31:23
109:13 116:25 117:4
largest[1] 34:25 125:6,10
129:5,6 130:10 Largo[1] 46:6 limitation[z] 109:20,20 lucky[1] 120:19
limitations[i] 25:11 may[23] 5:6 6:12,23 9:9
Johnstone[1] 89:16 last[15] 7:25 24:6 25:16
limited[6] 15:24 46:19 M-
10:1 21:10 28:2 32:15,16
Joseph[1] 91:24 68:13 69:2,5,19 82:8,1133:24 36:21 41:7,14 44:3
P 92:2 101:19,20 112:18 72:8 83:15 109:14 110:10 M[5] 1:9,16 60:19 141:6 57:19,20 71:10 74:22 79:4
Jr[1] 44:7 113:10 136:21 limousined[1] 92:25 141:14 98:4 118:1 125:23,23
judge[2] 5:12 6:7 Lastly[1] 66:6 line[3] 35:19 65:20ma'am[1] 101:23 mayor[166] 1:14 3:4,8
judges[z] 5:10,18 late[3] 81:24 130:4 116:13 5:20 7:24 10:5,7,11,15
machines[13] 45:17 84:8 :20 7:24 1 :5
13:13,
185
judging[1] 63:18 139:25 lines[2] 113:18,19 85:22,24 86:17,21 87:10
judgment[3] 7:8 56:24 latest[1] 33:7 links[1] 100:11 122:20 123:1,4,22 124:15
13:21,23 14:3,14 18:10
95:3 law[10] 7:2 19:19 52:1 liquor[1] 60:15 124:21 19:3 20:24 21:1,6,14 22:1
judicious[1] 9:20 55:5,8,21 63:6 102:20
9
Madam[1] 68:24
22:3,8,11527:17,25 8:
5 26,15list[a] 4:18 7:5 45:4 26:15 28:4,6,15
jump[1] 56:9 123:3 138:7 101:19 Magnolia[1] 92:5 28:24 41:6,8 42:22 44:1,5
junk[3] 31:1 87:25 88:6 laws[a] 20:12 69:13 listed[z] 53:19 61:12 main[6] 59:16 62:2,7 44:13 46:11 47:1 51:3,6
junkyard[1] 36:1 123:9,10 listening[1] 91:23 104:7 112:25 114:14 57:13,15,18,23 58:14 59:4
2] 6:17 leading[1] 121:17 litigation[1] 46:5 maintain[2] 126:5 138:8
59:8 60:17,19,23,25 61:6
jurisdiction g 62:21 63:6 64:16,21 65:2
106:7 learned[1] 29:7 live[10] 59:11 71:6 78:3 maintained[2] 110:21 66:17,20,23 67:25 68:18
lease[41 31:9 41:4 61:21 79:21 80:4 81:14 83:7 125:20 68:23,24 70:23 71:4,12
K- 62:19 87:17 88:5 102:16 major[3] 37:5 77:8 98:25 74:8,11,20 75:3,6,17,21
least[6] 24:8 96:9 101:19 lived[a] 81:14,16 104:23 majority[2] 103:1 76:3,9,12,18,23 77:22
K[1] 1:15 113:10 115:1 117:20 113:5 114:10 79:11,14 83:4 87:11,15
Kathleen[z] 77:25 78:2 leave[9] 7:9 31:18 47:16 lives[s] 63:1 70:18 89:13 man[1] 69:21
88:9,14,17 90:25 91:24
Kathryn[1] 97:18 87:5 98:25 120:13,15 89:14 92:2192:3 93:23 94:1,6,20,22
keep84:3 122:4 136:18
management[11] 23:13 95:17,25 96:7 97:17
1] local[is] 15:8 20:12 23:14 24:2,3 37:12 38:13 101:18,24 103:12,17,20
Kernan[1] 48:17 leaves[4] 52:11 80:2 24:24 25:21 30:9 34:22 55:6,9 64:13,13 72:2 104:9,14 106:6 107:7,11
93:4 113:15 35:19 39:7 40:3,4,21Key[1] 46:6 manager[3] 1:19 21:10 108:4,10,18,23 109:7
kids[1] 82:15 leaving[2] 31:20 85:16 45:25 46:2 55:7,19 56:25 35:13 114:23 115:19 116:2,9
kind[s] 11:2 32:2 59:19
led[] 48:25 89:3 100:22
manatee[3] 22:17,20 120:9 124:4,24 125:23
82:23,24 83:10 114:3 left[8] 25:2 56:23 82:12 locally[1] 40:2 81:20 128:2,5,11,25 129:18,22
135:22 89:17 99:8 102:8 129:15 located[4] 19:5 30:15 manatees[1] 38:21
130:6,25 131:3 132:24
138:13 48:12 111:2 133:4,20 134:3,12,17,21
kinds[1] 101:13 mandates[z] 3:16 136:7 136:1,13,18 137:1,7,14
Kinglegal[9] 5:2,13 45:8,10 location[8] 20:20 23:8
9] 1:20 14:5,8,13
46:4,21 122:20,25 123:23 25:4,21 26:6 100:5 101:7
maneuver[1] 48:5 137:16,18 139:1,4,7,10
43:18,19,21 49:17 107:6102:13 maneuvering[1] 110:2 139:13,19 140:4,9,12
knots[6] 117:20,21 119:6 legality[1] 94:15
manner[1] 17:22 Mayport[9] 29:20 32:9
119:13,25 127:12 legislative[2] 72:1 lock[1] 113:14
40:15 48:17 69:3 72:9
knowledge[z] 126:6,7
133:14 locked[1] 40:18 map[a] 57:6,7,10 137:12
90:22 100:12 119:15
lend [1] 48:7 long-term[s] 61:20 62:3 Marchioli[s] 101:21,22 McDonald[i] 66:18known[3] 7:15 69:6 91:4 101:23 102:1 103:13
knows[z] 121:21 127:4
length[3] 42:2,4 112:7 62:5,19 64:9 McGuire[3] 47:2,5 51:3
Kravitz[1] 56:20
Leonard[z] 87:12,16 longer[1] 129:11 Marcy[z] 88:11,18
marina[9] 30:25 39:5 mean[17l 6:12 54:19 60:5
less[4] 67:12 125:14,14 look[18] 20:6 38:24 41:1 62:6 73:4 74:24 82:18
125:14 42:23 46:21 50:24 56:1 67:9,12,14,16,19 79:24
101:13 102:10 105:7,23
L- 62:18,19 78:7 93:12 108:8 98:10
115:9 119:1 120:18lesson[1] 46:8
111:15 114:9 116:5,24 Marine[z] 37:16 119:9lack[1] 9:16 letter[1a] 4:4 53:10 54:13
123:24 135:12 136:11
119:1 128:22 Mariners[1] 55:14 means[12] 6:6 12:25Ladies[1] 44:16 58:18 64:25 65:4,5 71:9 looked[3] 92:12 115:8
lady[2] 69:21 70:12 71:15 74:15 75:12,16
115:11
maritime[1] 65:22 31:24
111:
3453,
16
119:9,
199
84:13
land[32] 5:22 51:9,15,18
79:16 102:10 market[1] 40:5 98:24
letters[3] 56:2 79:16 looking[a] 55:18,19
marsh[9] 66:10 74:16
138:15
51:21,23 52:2,8,13 54:2 84:14 87:22 measure[1] 32:2
58:10 63:19 82:25 101:6 80:6
lookouts[1] 22:20
78:8 80:10 81:13,17,23
130:2,21,23 131:13,16,21 level[4] 55:7,13,13 90:16 97:24 122:16 measurements[1] 38:5
131:24 132:4,5,17,19,20 levels[1] 81:18
looks[1] 35:25 marshes[2] 38:20 101:2 measures[1] 20:8
133:13,13 134:1 138:8,17 license[z] 93:10 119:8
loose[1] 100:15 marshfront[1] 50:12 media[1] 123:2
138:19 Lord[1] 102:16
land-based[1] 23:3
licensed[2] 92:20 Mary[2] 79:12 80:4 median[1] 48:11
118:11 Loretta[1] 74:12 Maryland[1] 53:22 meet[1] 25:11
landmark[3] 36:2 44:18 life[a] 66:11 71:25 74:6 lose[1] 112:4 material[2] 19:20,22 meeting[28] 1:3 3:444:22 101:7 losing[1] 86:14 10:13 12:4 15:22,23 76:15
lane[16] 16:16,17 17:1
matter[9] 6:11 8:9 9:24
lifetime[2] 84:24 99:24 loss[1] 100:16 92:15 95:20 96:8 124:9 94:24 95:6,9,15,22 97:13
25:1,5 33:6,12,12,21 41:4 97:20 106:12,21 108:7,15
41:25 42:3,5,7,14 83:8 light[4] 48:14 49:1 73:1 lost[1] 69:24 126:10 134:6
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203 Index Page 8
Proceedings before the City Commission Multi-Page""` meetings - on-beat
Taken on April 27, 1998 City of Atlantic Beach
109:2,6 128:18 129:1,20 34:1,1 47:19 96:16 music[4] 30:12 49:8,15 33:23 35:9 46:15 50:1,8 nurse[2] 105:2,3
130:1,6 131:10 136:23 Mitchelson[7] 1:15 100:18 73:11,19 107:4 nurture[1] 69:12
137:4 116:4,7 120:9,11 121:1 must[22] 4:20 5:7 18:25 newspaper[z] 39:17
meetings[3] 30:2 39:16 124:13 20:16,18 21:4 23:5,7,16 107:8 0-56:17 model[1] 91:11 25:11,14 47:12 52:2 55:5 next[41] 3:8 10:12 15:23
meets[5] 33:14,14 38:16 modification[1] 65:9
55:7,20,22 92:1 104:20 16:24 30:21 34:9 42:24 O[11 3:1
42:5,20
moment[2] 22:3 70:25
104:20 119:17 133:25 47:2 51:4 59:6 60:19 O'clock[a] 31:19,21 77:9
member[3s] 1:14,15,15 Myers[1] 46:7 62:22 64:18 66:24 68:1 79:2
1:16 44:11 47:4 56:20 Monday[1] 1:7 68:20 70:25 74:11 77:25 Oak[3] 44:12,14 83:8
59:7,10 60:22,24 61:5 money[18] 35:7,10,12 N_ 79:12 83:6 87:12 91:24
oath[8] 8:15 9:3 12:24
62:23 64:20,23 65:5 68:2 35:14 82:20 83:23 84:5 94:24 95:9,22 97:17
13:19 14:4 43:5,9,15
68:22,24 71:20 74:14,23 84:10 85:23 86:2,13,15 N[2] 2:1 3:1 106:12 108:7,14 109:2,6
75:15 76:6 78:2 79:13 86:16 87:8 90:8 102:12 name[11] 7:21 28:16 128:18 129:19 130:1,6 object[1] 116:16
83:7 87:14 88:13 92:1 102:22,25 44:10 46:5 47:4 59:8 131:10 136:22,22,23 objected[1] 49:16
93:25 94:3 97:19 103:16 monitor[2] 45:19 90:15 68:24 78:2 87:16 94:1,3 137:5 objection[3] 54:18
104:11 monitoring[z] 23:12 name's[2] 59:10 71:5 nice[7] 36:5,6 70:7,10 95:13,23
members[15] 13:12 14:2 136:8 named[1] 134:19
82:12 83:2,10 objections[z] 5:6 56:3
14:7,12 43:20,25 56:20 monopoly[1] 97:4 names[1] 28:2 night[9] 10:21 31:20 32:6 objective[1] 53:15
56:25 57:12 76:2 90:11
month[3] 23:11 37:2 40:7 100:23 102:9 106:15
ob ects[1] 7:1991:15 112:15 128:24 Nancy[2] 104:13,18 119:20 135:1381:4 obligation[1] 86:15129:21 narrow[z] 65:15 122:14 nit[1] 86:6 g
monthly[1] 93:11 observation[a] 48:]memorandums[1] narrowed[1] 39:22 no-wake[3] 85:11,19
26:25 Moody[1] 80:23 49:4 50:3 98:18
dsMoo '
nation[1] 102:17 19:15
memory's[1] 125:16 y [1] 80:24
natural[a] 50:12 98:14 nobody[z] 7:19 69:23
observe[1] 50:6
men[2] 69:21 70:18 moored[z] 7:15 11:11 99:21 101:14observing[1] 101:11Nobodys[1] 113:10
mention[a] 32:15 42:18 mooring[7] 31:6 50:5 nature[6] 8:19 14:18 obviate[1] 17:19
100:2 16 113:10,11,20Nods[1] 135:261:14 72:22 67:22 101:8 121:9,21 Obviously[s] 25:13
mentioned[8] 39:23 moral[5] 5:2,6 84:21 Naval[1] 100:12 noise[13] 38:24 39:7 49:4 31:25 32:22 37:4 119:17
105:
25o
106:1
49:8,15,21,24 65:24 79:23
45:2 47:10 54:6 72:25navigational[1] 100:1 80:1 81:18 100:17 101:4 occasional[1] 49:16
102:9 116:23 122:8 morality[a] 5:17 7:2,5
Navy ] 120:13,24 noises[2] 49:12,17 Occur[1] 18:5z
Merchant[1] 119:8 84:23
a[1] 16:19 morals[1] 97:15
near[3] 72:13 111:14 norm 101:15 occurred[1] 41:21
merge 126:9 normally[1] 11:1 occurs[1] 18:2
Meserve[1s] 1:14 10:5 morning[6] 31:19,19
nearby[1] 98:16 ocean[6] 11:18 117:23
44:2 116:8,9,10 32:17 17 61:5,7 north[7] 33:20 46:12
10:8,14
necessary[7] 8:12 10:1 60:13 68:3,25 76:7 77:3 119:3,5 120:2 123:8
116:15,19,23 117:3,6,10 most[5] 39:13 47:16
24:23 49:5 126:6 131:19 Northeast[3] 11:23 October[1] 31:12
117:24 119:1 121:2 127:4 48:18 67:17 113:7
133:6 14:25 37:14 Odds[1] 84:4
meshing[1] 133:16 motion[1] 127:20
necessity[1] 17:19 Notary[1] 1:10 off[29] 9:19 26:3 30:12
mess[2] 50:10 78:23 motors[1] 80:19
need[25] 5:24 33:1633:21,25 34:3 37:8 38:14
met[3] 35:4 69:7 72:16 move[41 70:4 76:9 114:3
note[3] 51:14,22 54:14
36:15 43:14 57:15,15 72:8 40:11 42:7,10,14,19 46:15
p 127:13 notes[1] 141:9Metropolitan[z] 15:17 76:16,19 92:12 102:24 60:2,7 61:7 79:4 84:8 85:7
37:15 moved[1] 42:5 103:6 105:14,17 107:19 nothing[5] 5:8 14:10 86:19,20 90:17 95:1 100:8
Meyer[1] 80:7 movement[1] 113:20 109:17,18,19 134:4,8,10 43:23 49:2 57:19 114:3,21 120:24 123:25
microphone[1] 76:10 moves[1] 127:19
134:12,13 135:13 138:16 notice[z] 20:22 21:2 off-peak[z] 24:17 73:4
middle[1] 77:20 movies[1] 30:11
needed[1] 49:6 notices[z] 8:25 43:2 off-ramp[1] 96:18
might[lo] 8:12 45:24 moving[7] 33:17,19
needs[3] 19:14 35:10 notified[1] 18:6 offer[1] 58:25
50:25 now[37] 6:4,5 7:17 9:2262:12,13 70:1 72:15 73:7 42:12 122:9,17 138:14,24 offered[1] 28:7
79:3 98:4,5 MPO[3] 15:17 16:6
negligible[2] 68:9,15 12:20 31:12 35:25 37:25
office[6] 31:4 45:3 53:1
neighbor[1] 74:17 59:14 60:9 61:18 64:1
mike[4] 1:15 76:21 54:13 53:3,15 102:6
134:20,21 neighborhood[z] 49:8
78:18 79:2 80:14 81:8,10
MS[771 14:5,8,13 43:18 81:21 82:3 85:9 89:9,16 Officer[2] 28:17 78:4
Mile[1] 61:24 43:19,21 51:3,5,7 57:14 51:10
90:3,9,13 91:9 98:18 officers[1] 91:3
miles[6] 30:12 59:22 57:17,21 58:3,22 59:5 neighborhoods[1] 103:23 104:3,20 105:9 offices[z] 11:13 69:1
85:10,13 117:2 127:8 60:18 71:3,5,13 74:8,10 71:20 107:1,19 117:14 128:6
official[7] 13:10 15:4
million[3] 34:22,24
75:10,10,11 76:11,16,19 neighboring[z] 67:13 129:7 130:10
105:8
76:24 79:15 83:5 88:16 67:14 nowhere[2] 45:5 123:18
18:14 47:13,19 58:9
88:18 91:1 94:14 103:17
nei bons[3] 47:22
116:20
mind[3] 116:6,7 118:4 103:19,21 104:10,16 nuisance[1] 100:21 officials[1] 131:17
65:12 66:7
mine[2] 43:16 113:8 107:6 129:24 130:20 number[23] 6:25 15:7 offshore[1] 40:14
minimal[3] 61:13 66:3 131:2,8,10,13,23 132:3,6 Neptune[7] 44:12,14,25 15:14,19 18:15 22:14
often[3] 56:1 102:13
67:17 132:11 133:1,11 134:2,7 46:24 47:21 77:5 78:12 24:11,12,19 25:7 38:23 121:11
minimize[1] 24:17
134:15,23 135:3,5,8,10 never[8] 39:10 49:16 73:1 84:3,17 92:2 93:24
136:1,11,16,19 137:6,11 84:4,23 116:5 123:14 99:16 100:18 102:16 oil[1] 50:19
minimum[3] 24:5 81:7 137:15,17,21 139:3,5,8 124:22 135:21 105:4 108:24 124:12 oiliest[1] 50:6
96:15 139:12,18,24 140:8,11 never-ending[1] 84:22 136:5 oily[z] 50:9,17
minus[1] 11:21 multiple[1] 98:10 nevertheless[1] 95:13 numbers[2] 84:10 85:4 old[1] 138:23
minute[z] 92:7 136:21 mundane[1] 65:23 new[12] 3:9 17:1,3 25:12 numerous[z] 52:19 on-beat[1] 78:21
minutes[7] 6:15,16,19 80:19
Diane M. Tropia,P.O. Box 2375, Jacksonville, Fl 32203 Index Page 9
Proceedings before the City Commission Multi-Page on-ramp -precedent
Taken on April 27, 1998 City of Atlantic Beach
on-ramp[ii 96:18 15:22 43:5 44:1 75:23 parking[6] 23:19 24:7 person[8] 6:15 47:2 pleasing[1] 87:24
on-shore[11 11:13 94:4,20 95:2 107:11 121:16,16,18,20 68:20 69:25 75:25 77:25 plenty[ll 40:12114:24 115:23 116:3 21 35:3 7 105:20 133:24Once[9] 12:20 39:14 46:9 parksplug[ll 113:5118:24 131:15 132:1763:19 82:4 95:14 96:22
136:9 137:19 139:21 part[lel 9:11,13,22 12:16 personnel[11 29:17
plugged(1] 113:2
117:22 130:13 13:24 20:18 59:2 61:17 persons(61 8:11,23 9:4
one[sal 4:4 7:24 12:25 64:4,6 86:24 99:24 107:18 9:25 42:24 43:5
lordinance[1] 94:16 us[zl 11:21 120:1P
16:10 36:6,23 38:1 39:9 organization[s1 15:18 118:1,19 129:6,7 perspective[2] 55:22 Podium[s] 51:5 59:7
40:10,10,14 42:9 44:17 37:15 71:19,24 72:4 participate[1] 91:2 62:1 60:24 68:22 93:25
45:16,17 46:11 50:21 originally[2] 18:23 particular[31 61:20 pets[1] 50:14 point[Si] 5:7 26:16 33:24
51:13 52:25 54:3,5 57:16 124:17 122:23 139:21 Philadelphia[1] 104:24
43:4 44:1,3 47:7 48:20
61:9 67:5 69:7,18 70:11 otters[11 101:11 P49:11 50:11 51:10,23 52:1
82:8parties[1] 30:2 hone[3] 6:25 113:25 52:5 54:18 56:3,4 58:1271:1076:
39:
7,1800:11P
82:11,18 83:23 86:22 92:7
ought[41 84:20 91:10 partner[2] 28:17,19 124:7 59:11 61:9,14 64:23,24
123:20 124:396:22 97:2,5 98:4 102:8,9partnerships[1] 72:3phonetic[11 103:1765:6 66:19 75:9,18,23
114:11 117:5,18 118:2 ours[31 30:21 33:1 40:13
ply[1] 37:18 phrase[11 139:13
78:3,5 80:5 82:11 83:13
119:3 123:9 124:5 129:10 ourselves[ll 13:17
2] 25:12,13 physical[1] 65:19
84:24 94:20 96:11 97:22
130:8 137:10,24 out-and-back[11
passP Y98:4,6 103:2 106:9 109:6
one's[11 25:14 123:13 passenger[11 11:21 pick[11 80:8 114:24 115:6 116:2 117:4
passengers[5] 11:22 picked[1] 88:22 121:15 124:2 126:20
one-every-two-week outline[11 28:25134:25 137:18
1] 121:22 29:16 32:21,25 34:4 pickup[11 109:19outs[2] 4:2,10
passing[1] 104:1 pointed[11 84:5
one-hour[2] 119:25 outside[3] 30:7 46:14 pi cnic[21 82:16,24
120:1 96:16
past[3] 51:2 76:24 124:20 picture[1] 38:24
points[3] 102:4 103:8,10
one-page[1] 51:20 overboard[1] 111:1 patience[2] 47:8 77:23 piece[ii 99:11
poker[3] 84:1,2 106:1
ones[2] 35:11 57:3 overlooked[1] 86:9 Patrol[1] 37:16police[9] 13:7 15:2 20:1pieces[1] 122:4
27:1 60:16 90:15 91:3
onto[3] 16:18 33:15 overnight[11 29:25
patronize[11 103:5 pilings[3] 18:24 19:5 93:15 102:11
48:21
overture[1] 61:10
pavilion[11 50:2 113:12
politicians[11 88:25
openl [41 7:17 44:5 52:11
overview[11 12:5 paving[ll 31:5 Pine[11 88:19
pollutants[2] 23:2319:3
own[5] 38:16 45:20 55:6 pay[4] 84:8 93:1,17 pit[2] 121:19 122:2 100:23
opened[1] 3:25 105:21 place[27] 3:23 8:15 9:385:4 118:4 pollution[1] 65:25
opening[11 97:5 paying[3] 86:18,22 9:14 12:24 20:9,10 30:5
owned[z1 42:17 81:15 Ponte[11 69:1
operate[91 2:6 3:11 105:12 42:8 43:5 73:16 94:16
11:10,16,20 15:25 34:8
owners[6] 40:21 63:22
a oil[1] 34:23 95:4,7,10,14,24 96:5 pooled[11 32:23
67:2 89:16 98:16 125:2 106:20 115:20 117:10 0 [ll 135:1246:14 129:4 poppeak[zl 16:5 31:17
118:23 119:21 130:14
operated pi 19:2 110:6
P- le[48] 3:21 6:12,25 popping[11 132:14PSP131:14 133:7 136:15
ort[al 85:16 120:13operating[13] 15:20 7:12 13:14 29:23 31:22 P
39:2 40:9 45:5 55:13 P[2] 3:1 101:20 31:23,25 32:23 33:1 36:21
Placed[s1 12:3 15:21 123:15 124:22
63:24 65:14 111:13 39:13 40:4 59:19 60:14
43:8,14 123:7
portion(11 129:1p.m[sl 1:8 3:2 16:3,3122:21 125:9,9,13 126:23 140:15 60:23 66:7 69:19 70:2,3 Plagued(11 48:23
portions[2] 130:15,16
operation[26] 5:7 15:16 Pablo[23] 47:7 48:20,23
70:14 79:3 80:21 83:10 plan[31] 20:3,4,19 24:2
ports[2] 122:21 123:8
15:24 16:20,21 18:20,20 49:11 50:11 51:10 54:11
83:13 84:13,15,16,18 85:8 31:1 34:7 38:16 40:20
18:22 19:14,25 20:6 21:1386:19 87:25 88:3,4 90:16 42:19 51:24 52:14 57:6
22:16 23:11 24:15 25:14 66:19
Posch[61 91:25 92:5,5
55:119 72:
72:1414 76:
76:7
77
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65:6
93:7 100:18 102:6,20 67:10 113:11,21 120:17 93:23 102:3 103:9
25:19 39:13 40:16 45:16 78:3,5 80:5 85:9 97:22
103:3,5 106:9 124:12 120:23 125:8 131:1,21 position[3] 26:13 63:18
65:9 68:10 97:6 98:11 98:6 104:5
125:14 127:7,23 135:17 132:1,6,9,22 133:25 113:22
100:20 102:19 Pablo/Atlantic[1] p85:2,3 139:139:5 83:19 86:1
134:14,25 138:11,13,23 positioning[11 114:18
operations[5] 20:22 48:13positive[2] 94:11 97:10
21:4 31:11 40:20 45:12
package[31 35:22 102:5
136:24 plane[11 61:7
possession[2] 124:15
operators[2] 45:19 102:7
per-ticket[11 92:23 planned[2] 40:22 59:20 124:21
46:19
pad(11 109:8
percent[11 34:6 planner[2] 58:5,11 possibly[7] 13:7,8,8,9
opinion[6] 45:1,6 53:12 performed[11 48:5 planners[11 51:18 23:22 61:25 101:1
63:25 72:19 88:10 Page[11 2:10
opportunity[12] 9:6
Palm[3] 31:4 35:22,23 peperiod[s]
rhaps z58:23 93:11
135:19] 115:4 Planning
16[10121118 23:
24 15:1
post pipossums2:
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101:13
20:7 28:8 47:18 69:14,15 Palms[ll 71:7
93:12 121:23 137:19 22:14,15 23:10 24:13,20
posted pi 111:5107:16,20 108:8,13,22 panic[1] 112:18 25:2,7,17 27:9 37:14,15
130:17
periods[1] 121:25
53:4 57:5 67:5 71:22 potential[61 8:14 12:23paper[21 83:18 140:6
permission[1] 98:323:20 36:20 65:21 114:10
oppose[11 104:7 paraprofessional[1]
131:19 134:22
permit(al 22:19 66:10 plans[s1 20:5 25:20 26:5 potentially[3] 35:5,16opposed[4] 15:8 94:10 77:5
104:21 105:7 pardon[3] 76:18 79:14
66:12 94:17 33:7 113:10 36:10
opposition[12] 9:2 43:3 132:14
permits[4] 55:24 56:1 plant(11 112:4 pounding[11 49:15
46:16 47:12 53:2 56:22
115:20,25
plastic[1] 50:18 power[31 100:16 111:19
parent p1 91:9
59:12 61:13 65:7 71:15 permitted(11 108:7 122:8
parents[2] 90:1 104:24 play[31 62:13 106:1,1
78:6 98:9 permitting
11 45:14
permitting[6] 20:13,17
players[1] 84:3 powered[11 111:22
Opt[11 33:24 P 31:13 56:6 66:2 97:20 practice[1] 97:3
Options[ll 138:12
park[41 35:8 81:1 82:15 Perrone[7] 74:12,13,13
Pleasant[11 113:6
practices[11 24:283:22 74:14 75:10,10,11 pleasantly[1] 63:4
order[z11 3:6 6:7 7:19 8:8
parked[2] 119:21 121:25 pleased[2] 63:5 91:13 Precedent[11 97:16
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203 Index Page 10
Proceedings before the City Commission Multi-Page precedes-rendering
Taken on April 27, 1998 City of Atlantic Beach
precedes[1] 107:3 productive[1] 87:24 pumping[1] 17:20 74:24 75:11,14 79:20 refill[1] 23:6
precisely[1] 69:10 profitable[1] 103:4 pumps[11 17:20 83:18 114:21 123:3 140:5 refilled[1] 23:7
precursor[1] 24:24 program[1] 55:7 purchased[2] 81:17 reading[3] 16:1 64:19 reflect[1] 23:16
90:5prefer[11 128:3 programs[4] 20:9 40:3 88:23 refreshing[1] 87:21
preliminary[11 56:8 90:11 91:2 purpose[1] 123:16 real[2] 57:25 91:18
refueling[11 41:19
premature[1] 62:13 prohibits[1] 7:8 purposely[1] 31:16 realize[1] 81:23
refuse[1] 83:13
prepared[2] 52:25 project[29] 11:1 29:10 purposes[2] 20:15 26:18 really[16] 4:5 6:19 39:10 regard[3] 23:18 107:2
114:12 34:12,21,23,24 36:6,8,25 push[1] 129:13
61:20 62:3,5 63:7 83:11
134:25
preparing(11 7:4 39:21 47:24 49:2 52:12
pushes[11 127:17
85:6 87:20 92:12 93:7
regarding 13] 12:7 15:457:10 63:25 71:16 72:7 104:12 118:3 123:17
presence(11 60:16 73:10,17,20,23 74:2 78:15 Pushing[11 49:1 126:13 18:13 19:16 21:21 22:23
present[8] 1:13,18 9:6 83:12 98:14,20 99:16 put[26] 3:14,15,17 10:8 reason[12] 53:9 63:4,6
23:9 24:6,12 25:10 115:25
28:11 100:21 107:16,20 107:25 138:2518:8 20:10 25:1,3 26:12 69:16 76:12,12 85:24 95:8
121:3 122:19
115:14 projects[3] 35:7 72:1 28:23 35:7,11 42:13 55:22 99:5,10 109:16 138:6 regardless[11 111:18
presentation[1s1 8:5,9 99:9 59:23 74:16,21 81:10 reasonable[3] 64:14 regards[2] 22:15 25:8
8:18,22 9:14,23 12:8,11 promise[2] 43:17 104:11
82:23 85:25 86:1 102:19 108:10 118:23 regional[29] 2:7 3:13
12:17 14:17 28:10,20 41:9 110:14 111:9 113:13
promote[1] 50:13 reasons[3] 39:10 97:12 7:13 11:6,7,24 15:1,9
126:1 I63:10 102:1597:15 16:10 21:18,23 22:13,15
presentations[1] 10:17
promotion[1] 74:6 putting[5] 33:20 79:8 23:9 24:13,20 25:2,7,17
rebuttal[6] 9:6 53:10,17
presented[11 115:16
prompted[11 134:3 86:13,15 95:1
107:17,20,22 26:22 27:9 37:14 67:5
11 12:25
pronunciation[11 71:2
received[11 4:6
71:16 129:2 131:19 133:8
presenter's134:21 137:9
presenting[1] 55:17
Proper[a1 9:20 93:21 Q- recently[a1 30:16 46:12129:15 137:10 reg ionwide[1] 15:10
reservation[1] 74:6 quadrant[1] 109:11 55:14 126:11
Pproperty[15] 7:15 30:16 register[1] 98:8
president[3] 47:7 51:19 qualifications(11 recess[5] 75:9,19,20,21
30:20 42:16 50:12 63:21 regular[1] 13:24
71:8 63:23 81:15 98:16 99:12
110:24 75:24
pretty[2] 60:8 117:16 130:22 132:7,10,12 quality[7] 23:17 24:5 recognize[1] 45:10
regulate[2] 92:17 124:9
prevail[2] 63:6 103:1 139:22 66:7,11 71:25 74:6 105:17 recognized[1] 91:14 regulating[1] 124:19
prevails[11 102:18 proposal[2] 12:6 105:13 quarter[3] 84:8 111:21 recommend[a] 56:13
regulation[1] 45:15
ro [z1 23:19 81:10
111:21 regulations[8] 39:7
prevent[2] 19:10,12 Propose 56:15,17,22quasijudicial[5] 4:24 recommendation[zo1
45:17 46:13 52:9,13 63:24
previous[3] 30:18 50:22 Proposed[251 2:6 3:1286:3 45:21 6:6 8:7 133:15 9:10 11:25 12:1,2 15:6,12
67:21 5:9 7:14 11:15,16,19,20
rehabed[11 11:15
previously[11 10:22
17:9 25:12 42:1 59:13 questioned[1] 99:4 19:22 23:4 24:6,10,14,23
P y 65:7,11,12 71:17 72:6 questions[27] 5:16 9:3 24:25 25:22 41:16 62:17 rehabilitated[2] 18:16
primary[2] 17:16 62:7 73:10,22 77:13 97:24 13:10 29:11 36:19,20 106:13 128:17 130:12 18:19
Princess[1] 32:7 98:11 99:6 100:13 114:19 37:22,23 41:6 43:4 44:3 136:24 rehabilitatible[2]
principal[1] 57:18 proposing[4] 29:3 32:16 58:23 103:22 107:18 recommendations[12] 18:18 19:6
printed[11 87:3 35:3 83:14 109:4,6 115:1,18 116:11 8:21 12:7 14:22,25 15:2 rehabilitation[2] 90:8
protect[a1 18:10 82:3
118:3,9,21 120:7 128:19 16:11 21:17 22:24 23:3 90:11
pristine[1] 81:18 P 129:19 130:19 136:4 55:23 58:10 108:1
11 77:7
93:22 105:15 rehash[1] 39:24
privatequick[1] 104:12 recommended[12] 8:6
relatedprotection[5] 17:5 rel 5] 2:5 3:9 40:16
pro[1] 102:1
37:10 38:4 96:25 110:22 quickly[11 57:3 15:21 20:25 21:23 23:10
problem[5] 37:5 38:8 uiet[21 39:9 83:2
23:25 24:20 25:18,25 26:5
109:9 113:8
72:5 114:9,11 proud[1] 66:6 l 27:9 56:18 relationship[11 113:21
problems[3] 90:12 prove[2] 66:3 90:4 quite[2] 106:6 121:5
recommends[6] 16:15 relatively[11 65:15
98:21 110:10 provide[12] 12:23 16:17 quotations[1] 53:18 18:3 19:9 20:14 67:6,8 relevant[11 123:17
procedural[2] 96:8
17:3,8,17 20:19 22:20 quote[1] 6:4 reconstruct[11 16:25 reliability[11 45:20
137:1
24:5 25:9 52:10 71:10 quoted[1] 82:6 reconstructed[11 18:19 relief[11 5:14110:22
procedurally[1] 129:20
provided[91 11:25 15:8
record[28] 7:22 21:19 relocating[1] 25:20
procedure[9] 5:20 6:5 15:13 17:17 21:17 26:10
R- 26:13,18 28:7 44:13 51:12 relocation[1] 26:5
8:7 42:23 112:3 115:20 57:12 108:9 137:3 R[2] 3:1 141:1
51:15 52:17,23 54:3,21
relying[1] 136:1
129:14 130:23 133:2 57:5,21 58:6,11 59:3,9
1] 114:4
province[1] 30:23 Rabassa[5] 83:6,7 87:11 66:21 71:10 74:16,21 remark[1] 44:17
proceduresproximity[1] 65:19 102:3 103:9 76:15 94:9 108:3 137:25 remarks[a1 7:5,9,10
proceed[3] 14:17 40:13
public[32] 1:10 2:5 3:9 rabbits[1] 101:12 138:2 141:9 90:10
76:23
3:20,24 4:20 6:13 7:17 raccoons[1] 101:12 records[1] 47:13 remember[7] 6:20 40:17
proceeding[5] 5:22,23 10:21 13:8 15:3 19:23 rail[1] 33:19 recourse[1] 84:9 48:16 82:6 83:24 114:20
6:2 8:8 134:6 21:3,9 27:2 33:14 44:6 139:6
71 1:7 8:12 58:24 65:17 74:21 95:1
rain[11 122:3 recreation[2] 35:3,7
proceedings remind[1] 54:8
10:1 14:10 43:23 140:14 95:21 97:14 106:10,15,25 raise[4] 14:5 43:19 96:25 red[1] 49:2
141:8 107:2,24 115:22 130:15 97:1 refer[11 54:13
remove[2] 19:24 20:21
proceeds[1] 46:1 130:18 137:19 raised[1] 118:25 reference[1] 53:23
removed[2] 18:21 19:19
process[17] 41:11,19 publicly[1] 68:20 ramp[3] 31:8 86:25 96:18 referenda[1] 45:8 removing[1] 31:1
49:18 74:1 94:25 95:16 pull[1] 108:16 rate[1] 48:25 referred[2] 5:21 61:13
render[2] 10:20 124:3
96:4 97:1 118:2,20 131:11 pump[2] 17:13,17 rather[2] 51:11 67:20referrinrendering[2] 95:2
132:21 133:16 135:14 g[31 26:19 122:22
136:2,6,10
pumped[1] 38:14 read[111 37:8 64:25 71:9 130:25 133:18
Diane M. Tropia, P.O. Box 2375,Jacksonville, Fl 32203 Index Page I 1
Proceedings before the City Commission Multi-Page
TM
renewable - sitting
Taken on April 27, 1998 City of Atlantic Beach
renewable[1] 31:9 125:21,23 128:16 room[i] 6:10 sea[z] 85:9 111:8 Sherry[3] 76:5,6,9
renovate[1] 31:2 responded[i] 99:7 Roscoe[1] 68:25 seaward[i] 117:1 shiftable[i] 112:25
renovated[1] 18:16 response[s] 4:14,15 76:2 Roth[31] 13:17,20,22 second[6] 6:18 16:8 shifted u] 42:9
rental[11 39:6 128:24 129:21 27:23 28:5,5,6,12,13,18 22:23 29:5 53:16 112:18 ship[88] 2:6 3:11 11:11
repair[3] 80:24,25 81:24 responsibilities[z] 34:10 41:12,22 97:7 section[1] 24:13 11:16 16:21 17:9 18:20
8:10 9:25 108:16,19 116:11,14,18 19:14,25 23:7 25:21 26:6repaired[3] 18:19,21 116:22 117:2,5,7,19
secure[z] 19:9 25:21
29:16,21 31:22 32:9 38:1519:2 responsibility[z]
120:22 125:2 , 5 126:19 secured[1] 18:25
118:17 19 39:2 40:2 49:22 50:5,6,8
repeat[3] 19:3 95:16 98:3
responsible a[] 24:21
126:25 127:3,22 security[s] 19:12 20:4,8 50:19 65:10,14 70:8,8,9
replace[11 82:4 p Roulette[1] 84:1 20:8 40:11 70:16,19 71:18 72:7,24
report[9] 14:24 15:14
rest[z] 84:6 86:19
routine[3] 100:19 108:25 see[30] 20:5 32:3 33:11 73:23 77:13 79:4 80:1
23:12,16 26:11,21 67:8 restate[3] 76:1,16,19 116:11 35:6 39:8 41:2 55:10 63:5 83:14,20,24 84:6,14 85:11
106:22 141:7 restaurant[4] 18:24 19:5 RpC[i] 134:20
63:15 78:8,14,16 81:8,21 85:18 86:21 87:6 94:10
reports[1] 123:2 30:24 40:23 Rudolph[1] 46:12
82:21 87:1,25 88:3,25 97:2,6 98:10 99:11 100:2
restaurants[1] 32:1 p89:11,24 91:12,13 94:12 100:14,15,19,20,25 101:5
represent[1] 56:21 rules[2] 6:17 43:15 102:25 110:11 127:10 101:15 102:21 103:4
representative[2]restricted[3] 110:10,20
ruling[2] 122:19 123:21 128:21 133:15,21 104:8,22 105:24 106:7
27:20 99:3 112:22 110:5,9 113:8 114:3,15
rumors[11 140:6 seeing[1] 87:23
representing[3] 67:2 result[1] 121:17
Seek[z] 101:8 111:19
116:12 119:8,20 120:4,5
Rumrunners[1] 30:2471:19 135:7 retain[1] 105:14
seekin
120:20,24 121:3,5 122:9
reputable[i] 53:18 retract[1] 8:3
run[2] 32:15 49:6 g[1] 5:14 122:17,23 123:4,20 126:9
request[1a] 4:12 9:1,9 retractable[i] 30:4 running p] 110:17 sem[a] 4:17 89:17 90:9 127:10 129:5
11:9 43:2 59:2 64:15 retrofitting[i] 73:20
rural[11 65:16 ship's[1] 30:6
selection[1] 99:5
73:5 ships[20] 32:3 69:17 70:299:10 108:6,11 123:20,25 rush[
return[i] 85:17128:16 129:4 self-supportive[1]70:5 80:25 81:9 90:17rush-hour[1] 31:18
requested[2] 17:10 20:3
revenue[1] 35:2 36:17 120:13,24 122:20 123:8
wire[a] 21:12 25:18
revert[1] 111:8 Seminole[z] 94:8 123:12,14,17,23 124:17
require
review[i3] 2:7 3:13 S_ 104:18 124:22 127:3,4,5
46:13 73:19
11:24 24:4 32:5 37:19 S[i] 3:1 send[3] 4:4 104:24 105:2 shook[I] 28:1
required[i7] 8:13 10:2,8
54:8 56:10,11,14,15 58:7 shore[2] 30:13 120:2516:16 17:11 18:4 19:9,19 safe[4] 16:17 17:4 25:21 sense[2] 105:13 132:13
135:1 26:6 shoreline[I] 122:1620:11,16 22:18 24:25 sensitive[1] 59:14
72:12 115:9,11 130:13 reviewed[s] 17:5 18:14 safer[1] 36:14 sent[2] 74:15,25 short[3] 48:24 65:3 75:20
139:20 36:25 39:21 55:25
safest[1] 25:5 Show[1] 33:4
requirement[3] 20:18 reviews[i] 56:6 separate
y ] 52:q safety[9] 21:3,9 33:14 separately[1] 52:7 shows[2] 57:10 85:6
41:17 67:17 rezoning[s] 65:7 66:2 97:14 98:21 100:1 109:9
requirements[9] 20:13 130:3,9,22 138:22 139:22 113:9,23
September[1] 31:11 shut[11 40:18
22:20 24:3 33:15 38:17 140:7 serious[1] 46:4 side[is] 11:12 13:1 18:25
Sail[z] 29:24 111:20 19:6 29:22 30:25 38:1142:6,21 72:16 115:25 RICHARD[1] 1:16 serve[3] 60:3,3,15
sailboats[1] 80:19 79:24 86:8 92:13 111:3
requires[1] 48:3 ride[2] 120:12,20 served[z] 60:6 128:17 111:11 114:10 126:14sailing[z] 30:14 39:9
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Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203 Index Page 12
Proceedings before the City Commission Multi-Page situation-three-month
Taken on April 27, 1998 City of Atlantic Beach
situation[11 59:25 speech[il 51:11 stenographically[11 sudden[11 78:20 team[il 91:14
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Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203 Index Page 13
Proceedings before the City Commission Multi-Page three-month's -waterways
Taken on April 27, 1998 City of Atlantic Beach
three-month's[11 93:12 31:18 32:2 36:11 48:1,7 turnip[1] 85:7 21:7 34:8 80:12 85:18 vessel's[1] 29:17
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Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203 Index Page 14
Proceedings before the City Commission Multi-Page ways - [sic]
Taken on April 27, 1998 City of Atlantic Beach
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wells ls1 17:6,8 23:5,6 25:24 26:2,4,9,,21,24 27:6
102:12 27:12,15,21 37:20 41:10
west Err] 18:25 19:6 41:14,25 42:22 108:4,6
30:25 39:3,18 48:8 59:6 115:13 128:10
59:10 60:12,18 71:7,8,14 worried 111 81:13
71:21 72:8,12 97:24
worry[11 50:15
westbound 111 48:3
worst 111 125:11
westward[1] 72:10
worst-case lit 32:10
wetland 111 23:9
worth 111 85:2
wetlands[1] 22:16
wrench lit 133:9
whatsoever 111 121:17
writing[41 21:20 65:5
wherein[I] 24:14 98:8 114:20
White l41 104:10,13,16 written[6] 4:15 58:18
104:18 74:23,25 79:17 80:6
whole[6] 63:8 95:16 96:4 wrote[1] 79:17
109:8 112:4 129:10
wide[2] 29:18 116:13 X-
width lit 109:25
wife[1] 64:2 X 111 2:1
wildlife l4] 38:20 50:13
59:15 80:11 t-
willing[2] 41:15 85:24 yacht 111 122:12
willingness[1] 61:24 yard[5] 39:2 50:15 88:6
wind pi 111:13,16,17,20 88:7 126:10
111:23 yards 111 50:20
windows lit 78:7 year pi 35:6 37:1 41:5
winning lit 86:21 83:21 84:17 85:5 91:6
winter lit 121:24
93:16
wisdom lit 56:24 years l91 16:25 59:19
wish ls1 27:13,20 41:12
68:13 69:2,5 83:1 96:14
99:17 109:14
97:8 105:24 106:23
yellow[1] 49:1
107:12 108:5
wishes lit 103:14 yet l31 110:4 131:11
withdrawn lit 122:24
132:10
York lit 46:16
withhold lit 109:5
young l21 70:12,18
within l71 22:16 35:1
52:10 54:25 63:23 123:6
2-138:22
without l61 9:20 38:7 zone l31 30:20 85:11
79:8 98:20 110:10 123:1 119:16
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203 Index Pagc 15
Proceedings before the City Commission Multi-Page'` City of Atlantic Beach
Taken on April 27, 1998
Page 129 Page 131
1 bring closure to this portion of the meeting to 1 plan?
2 call up the -- an assessment of regional impact 2 MS.BRADY: Yes.
3 for the application of C.B. Universal, 3 THE MAYOR: That issue has been
4 Incorporated's request to operate a cruise-- 4 researched.
5 day cruise ship from Johnston Island,the east 5 Alan, would you like to talk-- speak to
6 side of Johnston Island. This part of the --6 that issue since you researched it?
7 that part of the agenda item is now closed and 7 MR.JENSEN: It will be addressed later.
8 over.8 MS.BRADY: I'm sorry?
9 Let me just consult-- as I said, I think 9 MR.JENSEN: It will be addressed later.
10 the city has not done one of these the whole 10 MS.BRADY: At the next meeting?
time and I've been here longer than anyone 11 MR.JENSEN: No. That process has not yet
12 here. 12 begun.
13 I would push to just double-check with the 13 MS.BRADY: Do you not have to have a land
14 city attorney to make sure that my procedure has 14 use designation in place prior to the zoning in
15 been proper and that I have not left anything 15 order to ensure that the zoning is compatible
16 out.16 with the land use?
17 Inaudible discussion.) 17 MR.JENSEN: According to the officials at
18 THE MAYOR: Is there anyone who has any 18 the Department of Community Affairs and the
19 questions about what will happen at the next 19 Regional Planning Council, it's not necessary
2() meeting procedurally? 20 for this commission to amend this comprehensive
21 AUDIENCE MEMBERS: (No response.) 21 land use plan prior to considering the zoning
22 THE MAYOR: All right. Thank you all very 22 and prior to considering the DRI application.
23 much for coming. 23 MS.BRADY: How can you determine if the
24 MS.BRADY: Excuse me, I'm sorry, I don't 24 zoning is in compliance with the land use?
25 fully understand what is going to happen at the 25 MR.JENSEN: The DRI has to be consistent
Page 130 Page 132
1 next meeting. Are you going to take action on 1 with the comprehensive plan and consistent with
2 this and consider the land use amendment and the 2 the zoning.
3 rezoning? I'm a little confused. I know it's 3 MS.BRADY: And what is the designation
4 late,but could you clarify that for me, if you 4 currently for the land use?
5 would,please? 5 MR.JENSEN: The land use?
6 THE MAYOR: We will, at the next meeting, 6 MS.BRADY: The Atlantic Beach's comp plan
7 have two items that are of interest to you on 7 designation for that property.
8 the agenda,maybe more,but two we know; one is 8 MR.JENSEN: The Atlantic Beach
9 the rezoning. The Commission will decide the 9 comprehensive plan has not been amended to
10 zoning for Johnston Island as it-- as it is now 10 include that property yet.
11 under Atlantic Beach. After we have had the 11 MS.BRADY: So that will be done after you
12 recommendation of the Community Development 12 approve a zoning for the property?
13 Board, as is required by our codes,okay, once 13 It just doesn't make sense to me-- and
14 the zoning is in place,we will continue the 14 pardon me for popping up here at the end,but
15 public hearing and the DRI,not all portions of 15 I'm just trying to understand the steps because,
16 the DRI but the portions we have not done 16 from what I have experienced,you have to have a
17 tonight and there will be an opportunity to hear 17 land use designation in order to determine if
18 again from the public. 18 your zoning is compatible or allowable under the
19 Do you still have questions? 19 designated land use. And if it doesn't have a
20 MS.BRADY: I have a question about the 20 designated land use by Atlantic Beach, I would
21 companion land use amendment. If you have a 21 think that that would be the first process to
22 rezoning for the property, I was curious as to 22 get your comp plan in compliance and then
23 what the land use amendment procedure was,has 23 subsequently get your zoning in compliance.
24 that been initiated and-- 24 THE MAYOR: Well,that's why we asked the
25 THE MAYOR: Are you referring to the comp 25 question.
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203 Page 129 - Page 132