Minutes / 06-02-99r `
Y
MINUTES OF THE SPECIAL CALLED MEETING OF THE ATLANTIC BEACH
CITY COMMISSION HELD IN COMMISSION CHAMBERS AT 6:25 P.M. ON
WEDNESDAY, JUNE 2,1999
Present were: Suzanne Shaughnessy, Mayor
Richard Beaver, Commissioner
Mike Borno, Commissioner
John Meserve, Commissioner
Theo Mitchelson, Commissioner
David Thompson, City Manager
Robert Kosoy, Public Works Director
Donna Kaluzniak, Assistant Public Works Director
Julie Brandt, Secretary
Also present were: Jerry Holland, Council Member-Elect of the City of Jacksonville
Ed Jones, Councilor from the City of Neptune Beach
The meeting vas called to order by Mayor Shaughnessy at 6:25 p.m.
1. Discussion and possible action relative to the proposed flyover at the intersection of
"'~ Mayport Road and Atlantic Boulevard
Mayor Shaughnessy indicated that the meeting was being held to discuss the Jacksonville
Transportation Authority (JTA) flyover presentation given during the Workshop Meeting held
just prior to this meeting.
Commissioner Meserve believed it was important for the Commission to urge the JTA design, if
at all possible, to allow a left turn lane or u-turn under the ramp for traffic going north on
Mayport Road. He felt the Commission should emphasize the need for the left turn lane and
perhaps they would look a little harder to include it in the design.
Commissioner Beaver agreed with Commissioner Meserve on the u-turn issue and indicated he
wanted additional design work on the lights because he was not convinced lights could not be
installed in the wall. He expressed concern that the proposed lighting would illuminate the
entire area, not just the flyover. He felt additional information was needed.
Mayor Shaughnessy indicated that initially the Commission supported the flyover by a three to
two vote, and now the position of the Commission was not to support the flyover. She felt that
discussion of landscaping and lighting, while useful, were not relevant at this point while
investigating how to stop the project.
Commissioner Borno stated it was his understanding that when the project was completed, you
F
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June 2 1999
could still come east on Atlantic Boulevard, go along the service road until you get to Florida
Boulevard and make a left turn onto Mayport Road. He questioned that if this was the case, then
why was the JTA building the flyover. He felt the flyover had nothing to do with evacuation
from the island.
Commissioner Beaver felt the left turn lane was needed in case a car missed getting into the lane
for the flyover. Commissioner Beaver felt the flyover would help with evacuation, and
recounted that a few years ago the Mayor's office had issued a notice for a possible evacuation
which caused severe traffic problems from citizens who were trying to get back to the beach.
Commissioner Borno inquired if the city had ever received an estimate from the JTA to relocate
utilities. Public Works Director Kosoy stated that no estimate was ever received, however,
approximately $60,000.00 had been budgeted for the project. He further stated that the cost
would depend on whether or not the waterlines under Mayport Road and the effluent outfall
line shared with Neptune Beach, which is near the proposed berm, would have to be relocated.
He indicated that if the piers required to support the structure go through the waterlines, then
there would be a cost to the city.
Mayor Shaughnessy then opened the floor for public comments.
William McGee of 1831 Selva Marina Drive stated he needed more information on traffic flow
and expressed concern for the problems caused if Mayport Road traffic is detoured onto Plaza
during construction. He felt businesses such as Publix would be adversely affected during
construction of the flyover.
Joe Posch of 142 Magnolia Street stated he opposed the project, and expressed concern that the
residents from Section H would not be able to get to the bus stop on Mayport Road. He felt the
bridge widening and flyover projects were out of sequence and the bridge widening should be
completed before the flyover.
Susan Posch of 142 Magnolia Street opposed the project and stated it had already negatively
impacted real estate sales in Section H.
Dan Goulet of 2217 Cypress Landing Drive, representing the Church of God located at 680
Mayport Road, stated the church was growing and he had safety concerns for the parishioners
who walked to church and lived on the east side of Mayport Road. He stated that the barrier
wall, which extends to Eighth Street, will make it difficult for them to cross the road.
Don Phillips of 15b6 Park Terrace West stated he supported the Commission and did not favor
the project. He felt the flyover should not be constructed before the effects of Wonderwood
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June 2 1999
were known.
Alan Potter of 374 Second Street opposed the project due to the high costs associated with
building above grade, the potential for more collisions on Mayport Road and the taking of
commercial property from the tax roll for right-of--way. Mr. Potter then offered. his suggestions
for construction of the flyover and location of retention ponds.
Stephen Kuti of 1132 Linkside Drive opposed the project and suggested the Commission write
to Gov. Bush for assistance to stop the project.
Ed Jones, Councilor from Neptune Beach, opposed the project due to the visual effect of the
flyover and the increase in traffic. He questioned the projections used by the JTA when
determining the need of the flyover and the basis for those projections. He felt Wonderwood
would be the route of choice for citizens going to Mayport. Councilor Jones stated that over the
years elected officials have had varying opinions concerning projects, but he wanted to know the
procedures used by the JTA to gain public input and the outcome of that input. He further stated
that if the flyover was built, he would like to know if the JTA had addressed pedestrian safety
for walking or biking across the intersection. He also believed there should be alternative
lighting options for the flyover.
Mayor Shaughnessy believed that the JTA had not addressed the pedestrian safety issue and that
the project vas designed to move traffic. She shared the same concerns expressed by Councilor
3ones and briefly explained public input on the project began in 1994 or 1995 and the process
used by the JTA. The Mayor commented that four alternative plans for the intersection were
presented at that time and none of them were the flyover.
J.P. Marchioli of 414 Sherry Drive stated his opposition to the flyover and commented on a
bulletin he had received in the mail from the JTA and presented the Commission a copy of his
response to the article. Mr. Marchioli's letter is attached and made part of this official record as
Attachment A.
There being no further public comments, Mayor Shaughnessy closed the public hearing.
Mayor Shaughnessy expressed disappointment that the JTA representatives had come to the
meeting unprepared and had not presented the requested information. She stated that her reasons
for opposing the flyover remained the same, except an additional reason had been added to her
list -the lack of an additional evacuation lane. The Mayor felt the Beach Boulevard bridge
needed attention more than the Atlantic Boulevard bridge and should hold top priority. She felt
taxpayer dollars were being spent with no oversight, no elected representation and without
regard to public opinion of the project. Mayor Shaughnessy felt the idea of talking to people
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June 2~ 1999
in Tallahassee had merit, and felt the Commission would have to decide if it wanted to pursue
legal action against the JTA based on the city's height ordinance, the process used by the JTA,
or on the negative impact on the established quality of life in Atlantic Beach.
Commissioner Meserve stated he had no problem with the elevated design portion. He did not
believe, as he had heard stated, that the project would destroy the beaches forever. He stated
that each person had his own opinion of the beauty relative to the project, and it might be more
favored if it cut down on the person's travel time. Commissioner Meserve believed that if the
choice was between doing nothing and building the flyover, then the flyover should be built
because it would be unmitigated disaster not to build it. He believed that the argument that the
flyover violated the city's height ordinance lacked merit and nothing would be gained by
pursuing legal action. Commissioner Meserve also stated that he had not been convinced that
the design would not work and he would have to go with the engineers who say it will work. He
felt the intersection improvements were needed and the project should move forward as soon as
possible because any more delays would result in increased costs.
Commissioner Borno felt the flyover provided no benefits to the residents or businesses located
within the first eight blocks of Mayport Road. He felt the speed limit was set too high on
Mayport Road and expressed concern for citizens turning left into the post office. He felt the
speeding problem which already exists on Mayport Road would be compounded by the flyover
and cause additional problems at the post office, which is located only two blocks from the end
of the flyover ramp. Commissioner Borno concurred with the Mayor's concerns, and felt that no
matter what had been expressed by the citizens and Commission, the JTA was determined to
complete the project.
Mayor Shaughnessy suggested that the Commission collaborate on a letter to be sent to Governor
Bush, the Florida Department of Transportation in Tallahassee, and the Jacksonville
Transportation Authority. The Mayor felt the letter should contain the following: (1) the city is
disappointed that the JTA took the position of being unapproachable, unavailable and unwilling
to take further public input with regard to design, (2) wording that the community does not want
the flyover, and (3) address issues concerning quality of life and traffic circulation. It was also
suggested that the letter ask for an appointment with the officials to discuss the issues.
Commissioner Borno supported the Mayor's suggestion, but felt it would have to go further. He
then inquired of Councilor Jones as to how the City of Neptune Beach got the FDOT to stop the
proposed widening of Third Street (A-1-A). Councilor Jones responded that it was his
understanding that the city had expressed their opposition early on in the process during the
feasibility study which made it easier to stop the project..
Commissioner Mitchelson reiterated his opposition to the flyover. He stated that according to
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June 2 1999
case law he had read, the JTA was an authority, and the powers given to them as an authority,
would allow them to go forward with the project even if the city objected. He believed the (era( acf~vc
Z"pro~would not be City of Atlantic Beach taxpayer's money well spent.
Commissioner Beaver favored the project and believed it was too late in the process for the JTA
to abandon the project. He believed the improvements were needed to improve traffic flow onto
Mayport Road and for evacuation purposes. He did not favor entering into litigation.
Mayor Shaughnessy inquired if anyone favored hiring a specialist lawyer such as John DeVault,
for a professional legal opinion to see if the city had legal grounds to object to the flyover project.
Mayor Shaughnessy moved to hire a specialist lawyer, John DeVault, to obtain a
professional legal opinion to see if the city has legal grounds to object to the flyover project.
The motion carried by a three to two vote with Commissioners Beaver and Meserve voting
nay.
Commissioner Borno felt the Commission would be remiss if they did not send the letters
previously discussed. It was discussed that all avenues should be taken and the letters should
also be sent to local elected officials and the Duval Delegation.
Dorothy Kerber expressed her opposition to the flyover and felt there would be a chance to stop
the project if a letter writing campaign to local, state and national representatives was launched.
Commissioner Beaver suggested that a limit should be placed on the lawyer's fee and inquired
as to the authority of naming a specific attorney to give the opinion. City Manager Thompson
explained that the existing City Attorney's contract allowed him to select a speciality lawyer for
the city, if needed.
Discussion ensued concerning placing a dollar limit on the attorney's fee. It was suggested that
City Manager Thompson bring the attorney's fee back to the Commission.
Discussion ensued concerning drafting a letter to the various elected officials, and it was decided
that the Mayor and Commissioners Mitchelson and Borno would meet with City Manager
Thompson to draft the letter.
Commissioners Beaver and Meserve stated they would not sign such a letter and Mayor
Shaughnessy requested the City Attorney's legal opinion of such action.
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June2 1999
There being no further comments or business to come before the Commission, the
meeting adjourned at 7:45 p.m.
Suzanne Shaughnessy
Mayor /Presiding Officer
ATTEST:
Julie M. Brandt, Secretary.
''?
ATTACHMENT A
`~ ~ JUNE 2, 1999 SPECIAL CALLED MEETING
r ~ ~ ~~ j~~ 414 Sherry Drive
~ Atlantic Beach, Fla, 322:
Mr, Jack Gabriel, Project Coordinator
Jacksonville Transportation Authority
100 Myrtle Avenue
Jacksonville, Florida 32203
SUBJECT: Atlantic Boulevard/Mayport Road Interchange
Article in your Annual Report,
Dear Sir:
First, it is not an 8. ?million dollar project as y'all have stated,
it is a 17, 4 nziliion dollar project. Money is not free!
Secondly, ~a single lane, to the extent planned is not safe, We do have
early morning, low lying, fog out here at the beaches,
Thirdly, a wreck on the bxidge vrould be very difficult to service; and, the
resulting traffic delay far worse than the present situation (conditions),
1
Fourth, y'all are going to have to do a lot of convincing (And you will not),
that the single lane flyovex is superior to and extended (YOU HAVE ALMOST
A MILE AVAILABLE BACK. TO THE IN TRA.COASTAL FRIDGE) two lane,
eastbound, off ramp from Atlantic Boulevard to Mayport Road (Northbound)
with a shorter third lane for Southbound traffic, right hand turn, for
Florida Boulevard, Avery inexpensive project.
Fifth, We all know that when the current improvement to Atlantic Boulevard
is'complete, all the traffic control equipment will be synchronized for all
other and early morning and late afternoon Mayport traffic. Provided that
it is done correctly, of course, This will be a major improvement !
As well, completion of Wonderwood Connector, already under construction
on the east end, will be a God send.
Last of all, I am sure that y'all are well aware of the problems that will
result, if the flyover is constructed, FOR ALL RESIDENTS AND BUSINESSES
west of Mayport Road in that area. When I say PROBLEMS, i mean
PROBLEMS !
( 'ncerely yours
JPM/jpm _ J, P. (Marc) Marchioli
cc: Beaches Leader ~ --~--~"
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