Concerned Friends of Fernandina |
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Yulee Sprawl page: To: Members of GNATS As many of you know, yesterday, Saturday, JT Thornton, the developer behind the Marsh Lakes strip mall, began clearing the large trees on his property. This dismayed many who thought the GNATS law suit against the county for approving the project in violation of state and county concurrency laws would stop the developer. The fact that Thornton began cutting the trees on the Saturday of a three-day holiday weekend shows his concern to avoid confrontation with a vocal community. The law suit did slow him as clearing the land was delayed several months. But – as some believe – the total victory by developers and real estate interests in the Aug. 26 election (two developer’s candidates won seats on the county commission and the developer’s elected their own man as a district court judge) emboldened Thornton to proceed. The GNATS law suit continues; there is a hearing before Judge Davis on Sept. 22 – legal maneuvering by the county and developer. Florida case law is clear: if we win the traffic concurrency suit against the county, Thornton will be required to remove whatever he builds and to replant the trees he is removing. He is spending his money at his own risk. But evidently he doesn’t think that risk is high. Developers and real estate interests own Nassau County and there aren’t enough people willing to oppose them and vote them out (Stacy Johnson won her seat on the commission with only 15% of registered voters). For the record: Thornton has approval to do what he is doing. The county approved his applications and his site plan. The “buffer” he is required to have between his strip can be anything he wants to plant; it does not mean he must retain old growth trees as part of that buffer. He is required to put up a six-foot fence between the properties. The only choice we have to stop him and make him pay for the damage he is creating is to win the law suit. We believe we have the law on our side. We just have to outlast the legal machinations that will delay the case and run up legal costs. As for those who suggest meeting with him to get concessions out of him: we’ve been there and done that. We have achieved some concessions: no connection at Village Drive, no walkways between the strip mall and the Villages, the full fence, lighting that won’t disturb neighbors, adjustment to his plans for the entrance so the median island will not be destroyed. We’ve also tried to get ABC liquors to adapt its building design so it isn’t the ugly commercial standard – there has been no response on that one. We’ll keep you informed as we proceed. But things will get worse before they get better.
Robert M. Weintraub 904-491-6817 rweintraub@bellsouth.net ______________________**______________________
GNATS The Greater Nassau Association for Traffic Safety Inc. is now an official non-profit corporation registered in the state of Florida. Any further donations to support our law suit against Nassau County for violating its concurrency law and approving developments that add traffic to already failing sections of Florida A1A/SR200 should be made out to GNATS and sent to 67 Woodstork Lane, Fernandina Beach FL 32034, the official address of the association. The legal action has been joined by Marsh Lakes Investors LLC, the developer of the Marsh Lakes strip mall, and by ABC Liquors, which owns a parcel in the strip mall. They are “interveners” supporting the county opposing our action. This is not unexpected. The county moved to dismiss the suit on a technicality in a hearing recently before Judge Brian Davis in the circuit court in Fernandina Beach. We have objected to the motion as frivolous and expect Judge Davis to dismiss the motion. It is typical of corporate defendants in such cases to make numerous motions to dismiss in an effort to drive up legal fees of the plaintiffs. This also delays the case from reaching trial. We must be patient and let the case take its course. In the meantime, the strip mall is not being built and others who claim the same exemption from county and state concurrency laws are waiting to see the results of this “test case.” GNATS has about 130 members who have contributed about $6,000 so far, and new members are joining every day. A database of members is being constructed. If you are receiving this e-mail it is because you have made a donation and are a member of GNATS or you have made an e-mail commitment to become a member. Membership requires a donation of at least $50. If you haven’t yet made a donation, please do so now. If you know of someone who has made a donation, but has not received this report, it means we do not have their e-mail address and they should let us know. We will also be making a mailing to assure we are reaching all members. GNATS has a Board of Directors that includes Bob Weintraub of Marsh Lakes, chairman; Bill Kostecki of Meadowfield, vice chairman; Jim Weinsier of Marsh Lakes, treasurer; Don Stephenson of Marsh Lakes, membership chairman; and Eric Titcomb of Amelia Home Health Services. A membership meeting will be held – probably in October – for a formal election of the board and approval of bylaws. We will be creating a Web site shortly. We need a Web master to manage the site and to oversee its development. We also need one or more people to assist in getting printed materials around the county to recruit new members. Our goal is to have at least 300 members; we are almost half-way there. Please contact Bob Weintraub at 491 6817 if you are interested in volunteering for these efforts.
GNATS
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The Sleiman Nassau Center project (phase 1) was approved last night on a 4-1 vote. That adds more than 14,000 average daily trips (ADTs) to the A1A and Chester Road intersection. There is a fancy intersection with double-left turns planned that the commissioners went ga-ga over. But while it will ease traffic flow at the intersection it still adds a great deal more traffic and creates a stupendous bottleneck on Chester Road between the entrance to the new shopping center and Pages Dairy Road because that section of road will not be approved. And it does nothing for the traffic coming north from Amelia Concourse. The commissioners who voted to approve – Higginbotham, Branan, Halloway and Boyle – all demonstrated they have no concept of traffic issues and concurrency. They were all blinded by the fancy footwork of Sleiman attorney Mike Mullin and the twisted and outdated numbers tossed out by Mullin’s traffic consultant. They claimed there is no traffic problem on A1A and the commissioners bought it. Mullin claimed the “concurrency concept” is broken and needs to be thrown out. (That would enable his clients to build whatever they want. Our traffic engineer – who has been working concurrency cases since 1991 – testified as an expert witness that the local situation is the worst violation of state concurrency laws he has ever seen. The commissioners ignored him. They never gave us a chance for rebuttal as Sleiman attorney Mike Mullin tore apart concurrency. Taken with the Marsh Lake Strip Mall approved two weeks ago, more than 17,000 ADTs have been added to sections of A1A that are already at 135% of capacity, and more. In fact, it came to light in the past week that FDOT had made a mistake in counting actual traffic on A1A and it appears there are 45,000 ADTs on the road between US 17 and the bridge instead of the 39,000 earlier reported. Capacity of A1A on this stretch is 37,500. Mullin and his people challenged this and used 10-year-old data to show that there is much less traffic on the roads than FDOT says there is and that A1A traffic is not serious. The commissioners bought this. Even Marianne Marshall who cast the sole dissenting vote did so because she wanted to give the public more time to digest new information rather than opposition to violating the state and county laws on traffic. The only thing left to do is to file suit (or else roll over and let the commissioners and their developer friends ignore the law and ignore our safety). The commissioners made no effort to hide their friendship with the Sleimans and Mullin in the lobby after the vote.) We had 63 people pledge at least $50 (one pledged $1,000 and several others $200 to $500). To date, 11 people have sent in checks. To retain the lawyer and get her started (she must file by April 10) I need the other 52 people to make good on their pledges. And we will eventually need a couple hundred more people to contribute at least $50 to stop these two developments (and several others that will be coming along right behind) as we get near a court date. We are also moving on the non-profit organization as we have a five-member Board of Directors: Besides myself, Jim Weinsier and Don Stephenson of Marsh Lakes, Eric Titcomb (whose Nassau Home Health Services is on A1A) and Bill Kostecki, president of the Meadowfield HOA comprise the Board. Until we have the GNATS (Greater Nassau Association for Traffic Safety) non-profit official, please send checks to me as Bob Weintraub, 67 Woodstork Lane, Fernandina Beach 32034. I have established a special account that will be converted to GNATS as soon as we get it official.
Robert M. Weintraub 904-491-6817
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The following memo was sent to the 18 people who came forward to commit $50 to a fund to finance a law suit against the county to stop it from adding traffic illegally to A1A that endangers the safety of us all. Unless there is a dramatic change this weekend, legal action will be moot and county attorney Hallman will have won his gamble that county residents do not care enough about traffic issues to use the courts to force the county to obey the law.
I thank the small handful of people (19) who have responded to my appeal for financial commitment for a legal appeal against the illegal actions of the county commission to approve developments that adds traffic to A1A.
I have had an extensive discussion with a real estate attorney in Ponte Vedra who has a long and successful track record of supporting the Sierra Club and homeowners’ groups in very similar cases. In fact, she successfully defended the Baymeadows case a few years ago in which the Jacksonville City Council approved a project that was clearly illegal, but used the basis that “this is how it was done in the past so we have to continue doing it that way” which is precisely the position that county attorney Hallman is using to approve the Marsh Lakes strip mall and the Nassau Center (up for a vote on March 24.) The judge in the Baymeadows case ruled that the city had been violating the law all along and continuing to violate the law because “that was the way it had been done in the past” was invalid. It is clear that we have the law on our side. Hallman has been gambling that the public will not be able to come together to challenge the county in court, while the developers – J.T. Thornton in the case of the Marsh Lakes strip mall and Sleiman Brothers in the case of Nassau Center – are prepared to sue the county if they are denied. Hallman is taking the side of the developers against the public and has buffaloed the commissioners into thinking his way. The attorney I consulted said we need to do several things immediately.
+ Hire a traffic
consultant to make a formal presentation at the March 24 meeting on Nassau
Center to show that the addition of traffic to failed sections of A1A would
be a safety risk. This information was presented at the hearing on Marsh
Lakes, but not by “expert witnesses.” I have talked with a traffic engineer
experienced in these cases. He charges $80 an hour and expects about 10
hours would be required to get up to speed and to attend one meeting. We
would have to get him on board by Tuesday if we expect him to make an impact
on the March 24 meeting. + To retain the attorney would cost $2,000 in retainer but her $120/hour fee (a special fee for non-profits) would quickly run the cost to $5,000 to file a complaint and stop the developments from proceeding. She estimates that $15,000 would probably be necessary to take the action up to trial (there will be all sorts of counter motions and other delaying activities by the developers who will support the county in the suit). If we go to trial $25,000 is not a common cost including expert witnesses. + A non profit corporation could be formed (I have paper work for doing so) that could not be a direct party to the suit because it hasn’t been formed yet – but it could be an “intervener” to support whoever is bringing the suit. This lawyer prefers to work for one client, not a group, because group clients tend to be divisive, she says, and difficult to work with. One strategy would be for me to bring the law suit and then have the non-profit organization come in later as an intervener and provide the funding. But if I bring the law suit as an individual, it makes me liable for counter claims from the developers. So you see my reason for seeking a broad-based support for this effort. So far 19 individuals have come forward to support the effort. I have wanted 300. One homeowners group said they would put up $1,000 if others would do so. Of some 50 homeowners associations on my e-mail list, two have said they will take up the matter with their Board. So, it would appear we do not have the broad public support for taking the county to court over their illegal actions. If we are going to do so, we would have to make a decision by this Tuesday in ordered to be prepared for the March 24 meeting. If I have not received the broad public support needed for this by then, I shall back off this approach. In the meantime, I am continuing to press for action – or at least a response – from state officials from the governor to the department of law enforcement and to the department of transportation. So far these people of ducked the issue. Since Tuesday no one has returned my phone calls or e-mail messages. Others who have been working with me on this issue in the past a reluctant to take decisive action. They continue to discuss philosophic issues and naively think by talking with Hallman and commissioners they can effect change. Hallman has made his legal bed and cannot change it without opening himself up to charges of malfeasance. The commissioners are impotent. Boyle and Holloway who campaigned as instruments of change have supported the status quo. Higgenbotham and Branan continue to support the developers’ interests over the public’s interest. Marshall talks a good case but always votes against the people. (I am reminded of the line from Hamlet: “my words go up, but my thoughts remain below.”)
So the bottom line is I thank you for your support, but unless we get we get a stronger response from a public that is unaware of the fate that awaits them as the county continues to illegally add traffic to A1A, there is really little more I can do.
Robert M. Weintraub Amelia Island, Florida 904-491-6817
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On Wednesday, Sept. 19, at 9 a.m., the Nassau county commission will consider a request by attorney Mike Mullin to reinterpret the county’s zoning of agriculture land. If the commission agrees with Mullin, it will increase the potential population density of Nassau County by 270,000 permanent residents, potentially make Nassau the most dense county in Florida (Lee County in south Florida currently has that honor) and have a potential cost to taxpayers of more than One Billion Dollars in necessary infrastructure to support that density (not including schools). If Mullin has his way · The rural lifestyle of Nassau County will be forever changed. · Evacuation of eastern Nassau will be virtually impossible in the event of a major hurricane because traffic generated by the increased density from Miner Road west will be an impenetrable wall; evacuation routes through Callahan and Hilliard will be impassable. All Nassau residents should be alarmed over this. Please get the word around and fill the county commission meeting room. The debate will be legally technical and unless there are attorneys who read this and can speak knowledgeably, citizens should not try to speak on the legal aspects, but instead address their comments to the issues of uncontrolled growth, increased density, the high cost to the taxpayer and the evacuation problem. There will be discussion of a possible compromise using a point-based system similar to what Duvall and Putnam Counties use in which development bonus points will be given if the developer provides certain things such as paved roads, preservation of natural features, recreation, emergency services, schools. Listen carefully to these points as they are presented and speak to them. If there is to be a compromise it should be in the public’s favor, not make it easier for developers. NOTE: The county Web site does not list this meeting on its meeting schedule. This could be an oversight, or the meeting may have been changed to another date. I was told Thursday that this meeting was on and I have a document requesting the issue be placed on the agenda of the Sept. 19 meeting. If I learn tomorrow that the date has been changed I will let you know. Robert M. Weintraub 904 491 6817 ___________**_____________
Last night the Planning & Zoning Board unanimously agreed to recommend disapproval of the Barnwell Road apartments. There were about 250 people present – 116 in the board room and about 130 in the hall watching on closed-circuit television. A steady stream of opponents went to the podium to speak many making important points that contributed to the defeat. While most of those attending live on or near Barnwell Road, there were a half-dozen speakers – and others in attendance – from elsewhere, primarily living on Amelia Island – who were concerned about the worsening traffic situation on A1A. The developer was caught in a number of inconsistencies and Mike Mullins’ strategy of asking the P&ZB to approve sending the matter to the state DCA without comment backfired as opponents made a major issue of the point that the P&ZB members had the obligation and responsibility to make a decision and not duck the issue and pass the buck to the state. The application for the zoning change from low density to high density will now come before the county commission (unless the developer decides to cut his losses and withdraw). It has not been scheduled and the BOCC only has special meetings to consider specific issues the remainder of this month. If and when it is scheduled I will notify you. If the matter does come before the BOCC we need to have the same response as at the P&ZB meeting. Just because both staff and the P&ZB has recommended the application not be approved, doesn’t mean the BOCC will follow their advice. County Attorney David Hallman’s admonition to the Board that the number of people opposed to the application should have no bearing on the Board members’ decision was correct from a legal point of view, but not from a practical point. Politicians are elected by the people and if enough people are opposed to something the politicians will pay attention. P&ZB member King, who made the motion to deny, plans to run for county sheriff next year, so I’m sure the 9 pages on the petition plus the 130 names on a second petition collected in the hall, plus the capacity turnout had an effect. Robert M. Weintraub, Fernandina Beach _________**__________
Plans have been submitted to change the County Future Land Use Map for a parcel off Barnwell Road behind Lowe’s from low density residential (ldr) to high density for the purpose of building “300 multi-family apartments” on the site. To be built on 30 acres of a 119-acre tract where a retirement home will be built in the future. As ldr only 60 homes can be built. This plan will add 240 housing units to the 30 acres. A traffic study submitted with the application shows 1,953 automotive trips per day will be added to Barnwell Road and A1A. This will put Barnwell Road from the entrance to the property to A1A at failure and require payment by the developer to improve that section of Barnwell. But it also will impact the most crowded sections of A1A, sections that are already at failure. In the vagaries of the way “concurrency” is determined, only the road directly impacted by the development is considered in determining what the developer must pay under the “fair share” formula. Therefore, only the impact on Barnwell is considered, not the impact on A1A. If this is approved, the developer will not have to pay anything even though he will be dumping 1900 auto trips per day onto an already deficient road. It is my point of view – shared by many others – that until we know how the widening of A1A will be paid for and when it will take place then no additional traffic for A1A between Nassauville Road and US17 should be approved. (Funding for A1A widening is not on the state’s five-year plan and I am told that it could not happen until at least 2013-14). The Planning & Zoning Board will consider the issue at its Aug. 7 meeting (6 p.m. at the county board room on Nassau Place). I will be there to object to adding this additional traffic to A1A before we know how A1A improvements will be paid for. Anyone else who is concerned about the growing traffic problems on A1A should also be there to have their objections heard. Robert M. Weintraub, Fernandina Beach
Outrageous! Lawyers, doubletalk and decisions which flew in the face of existing realities and community desires was what I witnessed last night at the County Board of Commissioners public hearing. At the conclusion of the hearing I wondered if I should move now or head to the Supervisor of Elections today? The issue was rezoning a residential property into a commercial property on the corner of Old Nassauville Road and Parliament Drive where there has been a well-documented problem with traffic and safety and where we wanted to stop the “urban sprawl” taking over Nassau County. Apparently, Commissioners Floyd Vanzant, Jim Higginbotham and Tom Branan didn’t care what the residents thought. They thought it would enhance “our” community to have a landscaping company with crew trucks and cars on the corner of the entrance to our community. They obviously weren’t interested in our safety and traffic concerns. Of course the Growth Management Representative, Marshall, pointed out that it “has long been the philosophy of their department to establish commercial properties close to the communities in order to keep residents from having to drive on the main thoroughfares.” Thank God we finally got a landscaping company and a karate school. Now we won’t have to leave our development at all! One commissioner, I believe it was Jim Higginbotham, made the comment that allowing for Pak’s Karate to go in on the other corner in 2004 was a worse traffic decision than the landscaping company, so why not let this property be zoned commercial? One might as easily ask, “Why not throw gasoline on a burning house?” Another brilliant decision! Of course these were important men concerned with “positioning Nassau County for future growth opportunities”, not making livable communities with parks and sidewalks. The whole business was well orchestrated with no place for the desire of the residents to be considered. In fact, board members acknowledged the developer’s representative had contacted them privately. The residents were not nearly so eloquent or well connected as the lawyer for the developer; so, I suppose we should have known we were going to lose this battle. Should I sell my house now? The developer bought this property knowing it was zoned for residential development. Some lawyer talk and some private communications seemed to be all required for Commissioners Floyd Vanzant, Jim Higginbotham and Tom Branan to make this ludicrous vote in the face of a terrible safety and traffic problems on SR 107 and opposition from residents and Commissioners Ansley Acree and Marianne Marshall. Where is Florida heading? Is it going to be crowded roads and unlimited urban sprawl or are the planners going to actually do some planning and the Commissioners actually listen to the residents they work for? This is a word of caution to all of the new developments springing up in O’Neil and Yulee. The County Commissioners are interested in growth and expansion, not in preserving your community! Make sure your vote counts! Joseph T. Monaghan, Fernandina Beach ___________**___________
_________**_____________ On Thursday 11/17 the County Board of County Commissioners will hold their 2nd Public Hearing on the proposed moratorium. AIA will be present again to support the AIA Moratorium and present our AIA Position. At an earlier meeting on this topic the NE Florida Builders Association called for a 100 of their members to attend the BOCC meeting in opposition to the original proposed moratorium. The developers filled the County Chamber. The BOCC in response rescheduled the planned meeting and limited the original moratorium to those roads where already authorized development will generate more than 100% capacity for the roads. (20 road links in the county) It would probably be very useful to have 100 citizens present to support this limited moratorium request, which is simply for time to develop a reasonable growth plan in areas where already authorized new developments will generate traffic that surpass the existing road capabilities. Citizens need to show the Commission that the we care enough to show-up and support the staff request for time to do adequate growth planning. You can speak, for a minute, or not – your choice. Your presence is the important thing to show citizen support for good growth planning in the county – and for the staff request for time to do so. The meeting review starts at 7 PM – if we could have 100 people out there at 6:30 PM to fill the new chamber that would probably help get this limited moratorium passed – and show that citizens are willing to show up in support of good growth planning. A few hours of your time could help make a real difference in the county. One car with 4 people from each of the 35 AIA homeowner Associations would do it. This is a Special Thursday meeting – at 7 PM there is only this one agenda item – so we could be out of there by 8 PM, or before. We have not made a call for a citizen showing very often in support of our AIA Positions – however recognizing the importance of good growth planning, and recognizing the NE Florida Builders use of their members to successfully oppose the initial moratorium last month – we think it is worth asking for 2 hours of your time to help ensure BOCC support. It also is important, once in a while, to show that there are actually citizens willing to attend a County meeting to support key AIA Positions. Whether or not you can attend personally – we would like you to arrange for a car of 3 or 4 to be present from your association. Please let me know if you can make it that night – and how many citizens concerned with good growth management will be attending from your association. The AIA Officer Team: Phil Scanlan Tom Cote-Merow Dave Britt Anne Kendel Kim Hughes Jerry Kawecki
The 6 lane expansion of the 10 mile stretch of A1A from I95 to the Shave Bridge and Amelia Island will greatly impact the lifestyle and patience of all those that use this particular section of A1A regularly. In the July 28th edition of the Newsleader, it quotes County Commissioner Marshall as having stated that A1A is operating "already at failure" rate with a "zero capacity" for increases of traffic between CR107 and Chester Rd. This quote refers to the impact of traffic patterns where CR107 conjuncts with A1A. This area is where a 591 house Planned Urban Development (PUD) has now been given the go ahead by County Commissioner's.
Traffic along A1A is increasing, developments along
the corridor are increasing, and pressures to find a solution no
doubt are also increasing. Unfortunately at this juncture we still
have County Commissioners playing the role of city developers
without the adequate planning and foresight this level of community
expansion requires. It seems to Concerned
Friends of Fernandina (CFOF)
that too many of our County Commissioners seem to have vested
interests and dollar signs in their eyes, or have little planning
experience and leadership skills to guide the expansive growth
happening in this part of Nassau County.
At the original public meeting March 25th in Yulee, a
DOT engineer who designs overpasses and traffic patterns for
metropolitan areas admitted privately that the 6 lane expansion plan
for A1A that the County Commissioners support is flawed and will
never work to reduce congestion. However
as far as CFOF is aware of, the expansion plan is moving ahead. The
DOT is projecting 74,000+ cars will be using the Shave Bridge to
come onto Amelia Island daily by 2030. The 6 lane antidote suggested
by County Commissioners will most likely become more and more
disturbing for residents as traffic lights are installed along A1A
to deal with the continuing sprawl and housing increases that
Commissioners continue to permit.
Traffic lights at every intersection will spell stop
and go congestion and exasperation for all of those potential 74,000
vehicles even if they are on a widened 6 lane thoroughfare. We are
told that at this point buying right of ways to create a frontage
road that serves as access to the businesses springing up along A1A
will cost- at DOT's estimate- $141 million. However, if right of
ways are not planned for now- they never will be. CFOF wonders what
bond issues will have to be floated in the future to create better
roads to correct the congestion. We continue to ask why access roads
or feeder roads are not being planned for now.
Nassau County seems in a hurry to grow without
adequate planning for that growth. There seems to be little overall
vision that will protect our area. After all, as we know, the Nassau
County DRI (Development of Regional Impact) is the largest single
development (37,000 Acres in Yulee) ever to be undertaken at one
time in the state of Florida. The development dollars to be
generated from a project of this scope are huge. Meanwhile, local
residents have little to say regarding how their quality of life
will be affected by stop and go traffic, crass commercialism, or
other forms of increasing development. Certainly we'll all be saying
goodbye to the pine trees and the silvaculture our area is known
for.
Our Nassau County transportation plan involves
expanding business to the deepwater Fernandina Port and throughout
what's being referred to as the 'Golden Triangle'. Eventually we'll
find out the bigger vision and the bigger plan, and unfortunately
we'll all have to deal with the bigger headaches that are associated
with uncontrolled growth and development.
Most of the candidates running for a position as a
County Commissioner have expressed their views and solutions to this
problem. Some candidates advocate the simple solution of
synchronizing traffic lights and installing traffic cops at corners
to keep traffic moving, some advocate express lanes, some fly-overs,
some advocate eminent domain and securing land now before land
prices escalate further for the establishment of parallel roads and
arterial collector roads, and some advocate allowing the State to
solve the problem. The increasing traffic on A1A will certainly
prove to be a longterm problem for this community. As always, CFOF
recommends you research the issue and the candidate before you cast
your vote.
Since the above article was written, Nassau County is
now a member of the First Coast Metropolitan Planning Association
(FCMPO). This is a four county organization that the state
legistlature has charged with creating feasibility studies for
transportation in our area and then developing a five-year plan for
road development. The five-year FCMPO plan will become the basis on
which state road funds are allocated. The FCMPO wants the public to
express their views on the needs for new and improved roads and also
the feasibility of bicycle and walking paths. The next public
meeting is planned for the first week in October- go to their
website
www.firstcoast2030.com for more information.
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