Handout from PW and Utilities-Position on Limiting Park Land 2-23-15 Public Works and Utilities
Position on Limiting Use of City Park Land
February 6, 2015
One of the items proposed by the Charter Review Committee is Article II/Section 9:
(14) Provide for the protection and preservation of parks as follow: Any real property owned by
the City which is used principally or held out for use as a public park, shall be used only as a
public park; and parks shall not be sold, leased, gifted, changed in description or use, or
otherwise disposed of; and no structure shall be built in any such park to accommodate activities
not customarily associated with park use or outdoor recreation; unless such sale, lease, disposal,
or structure is approved by voter referendum.
The Public Works and Utility Departments are concerned that the proposed language might
prohibit or significantly delay projects that are beneficial or even critical to the health and
welfare of the citizens of Atlantic Beach.
This suggested modification to the charter could prevent the City from using its own property to
provide vital public services.
• As an example, Russell Park was identified in an engineering study as the location for a
public supply well to provide water for Water Plant#1. While the City lengthened the life
of the current well (constructed in 1953)by acid cleaning in 2011,the well will
eventually need replacement.
Regulatory requirements for well siting are very stringent (City must own property for
100-foot radius around well; it must be located specific distances from drainage, sewer
mains, etc.). While a new well is not obtrusive (minimal above-ground piping, control
panel,possibly a generator), the proposed language would require voter referendum in
order to install the well. Jacksonville Beach&Neptune Beach both have wells located in
park space for this reason.
• Depending on the interpretation of the wording, installing water, sewer mains, drainage
structures, pumping systems or other infrastructure needed for public health and safety
could be forbidden without a referendum. This could affect the City's ability to provide
needed public services or to respond or prepare for emergencies.
• As another example, the recent Core City project may have required a referendum as
Howell Park was utilized to locate stormwater treatment baffle boxes as a requirement for
agency acceptance of the project.
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• It is possible the City may wish to lease a small section of park land for a cell tower or
other use that would provide income to the City without taking much usable park space.
Also, it is questionable whether the proposed language would affect existing agreements
with ABET, ABAA, Habitat, tennis instructors or other entities that provide a desired
service for the Citizens.
In our experience, the proposed referendum requirement to help preserve park land is unusual in
City Government. A City Commission of outstanding citizens is elected to represent the best
interests of the Citizens by carefully educating themselves, considering the pros and cons of any
proposed use of park space, gathering public input when considering additions or deletions to the
park system.
It would be a large, costly public relations effort to educate the public prior to such a referendum.
We suggest a study to see if any other City in Florida has such a requirement and if so, what their
experience has been with this process.
The Public Works and Utility departments recommend against including language that prohibits
or delays the use of public land for projects that benefit the public.
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Donna Kaluzniak
Utility Director
411IPP
Doug . E. Layton, PE
Director of Public Works