Monday, the Atlantic Beach City Commission heard from a number of residents who spoke during public comment about their disapproval of the Sones development project, but commissioners failed to pass a motion that would have put the project on hold.
The project, which has caused a great deal of controversy in Atlantic Beach, was originally approved in September of last year.
As part of the city’s plan to deal with tougher water quality regulations, the city chose to shut down its Buccaneer wastewater treatment plant and instead pump wastewater to its main plant located on Sandpiper Lane.
The new sewer route will require wooded land along the border of the Oceanwalk community to be bulldozed in an agreement that the city reached with the Estates of Atlantic Beach, a proposed development by Michael Sones.
As part of the city’s deal with Sones, an agreement that allowed the city to build its sewer line through an easement in Old Sherry Drive, the city agreed to pay all tree mitigation costs associated with the removal of the trees while Sones guaranteed that no more than 38 homes would be built on the property and that no unit will rise above 35 feet. Sones also agreed that the development would not connect to Mayport Road.
The project has not yet been started, but City Manager Jim Hanson said it would likely be ready for bid within 60 days.
Monday, many residents spoke in favor of putting the project on hold after an attorney, working on behalf of a homeowner along the project route, sent a letter questioning whether the Estates of Atlantic Beach actually holds the title to the land which it granted as an easement for the new sewer line.
In January 1932, RCBS Corporation deeded the property to Duval County. In the deed was a requirement that the property be used as a public park or park driveway, along with a reverter clause that said if it was not used for such a purpose it would revert back to the corporation.
The Estates of Atlantic Beach claims to have acquired reverter interest to the property through relatives associated with the corporation and in 2005 had the City of Jacksonville quitclaim the property.
The Estates of Atlantic Beach then granted an easement to the city of Atlantic Beach for the proposed sewer line.
On March 5, a letter between the law firm Keyser & Woodward and Atlantic Beach resident Mark Tomaski was submitted to Atlantic Beach commissioners.
Tomaski had asked the law firm to research the title and ownership of the parcel that was granted to the city as the easement for the sewer line.
"The Estates of Atlantic Beach, LLC, does not have a good and marketable title to the subject property and never did," reads the letter. "Other entities and person own it or have claims on it…"
Despite the letter, City Attorney Alan Jensen said that he has no doubt that the Estates of Atlantic Beach holds the proper title to the property.
Jensen also advised the commission that it was not its job to act as a court, judge and jury and that the courts were a proper avenue for any title dispute, not the commission meeting.
Yet Commissioner Jonathan Daugherty felt that it would be best to put the project on hold for 60 days until the legal issues with the title were resolved. Daugherty made an emergency motion that the city proceed with engineering but not take any action on the project, action which would include putting the project up for bid or tree removal.
The motion failed due to the lack of the required unanimous vote, and the project is continuing to move forward.
