August 27, 2007 - Atlantic Beach
Transcription
August 27, 2007 - Atlantic Beach
MINUTES REGULAR CITY COMMISSION MEETING August 27 2007 CITY Attendance HALL 800 SEMINOLE ROAD IN ATTENDANCE Mayor Donald Wolfson Mayor Pro Tem J Dezmond Waters III Commissioner Mike Borno City Attorney Alan C Jensen City Manager Jim Hanson City Clerk Donna Bussey Commissioner Jamie Fletcher Commissioner Call to Order Pledge Sylvia N Simmons 15 p Mayor Wolfson called the meeting to order at 7 m The Pledge the Flag followed the Invocation given by Commissioner Waters Mayor Wolfson welcomed the audience and explained the of Allegiance to process for public comments Courtesy of the Floor 1 Courtesy of the Floor to Visitors A Proclamation for Mayor Wolfson read contributions and Patsy Bishop presented Ms Bishop with a Proclamation recognizing her Executive Director for the Dancin in the Street festivals as over the past 21 years B Presentation Hicken Mayor the National Marathon to Fight Breast Cancer Theresa O Donnell and Sarah Horn on by Donna Wolfson welcomed Donna Hicken Theresa O Donnell and Sarah Horn Ms for their ofthe Marathon She explained the Marathon City support raises money to fight breast cancer and to care for underserved women with the disease Mayor Wolfson expressed his appreciation to Ms Hicken for her work with the Hicken thanked the fight City Manager Hanson asked Ms Hicken if they need volunteers for the marathon She stated they do and volunteers can sign up on their website comby clicking on volunteers breastcancermazathon against breast Item 8A Miscellaneous 8 A Taken out of Sequence was cancer taken out of sequence and addressed at this time 8 Miscellaneous Business A Interlocal agreement with City of Jacksonville and Beach Cities for 2007 Jacksonville Sea and Sky Spectacular Business Mr Hanson stated Atlantic Beach has worked with the other beach cities Jacksonville and the Navy under an agreement each year so they know who is responsible for what and stated this is asking O D onnell Director and Sky Spectacular game weekend for approval ofthe same of Special Events for the agreement City as in the past of Jacksonville is the first weekend in November Theresa explained the Sea following the Florida Georgia August 27 2007 REGULAR COMMISSION MEETING Commissioner Waters to and hazd work on expressed his Page 2 Donnell appreciation to Ms O for her dedication this event Motion Authorize Mavor Wolfson to ezecute the air show agreement Atlantic Beach Moved by Borno seconded by on behalf of Waters Commissioner Fletcher stated he will not be voting for this because the Air Show is a ofthe armed and while he part forces recognizes this is a military community he is and morally politically opposed to waz in Iraq Votes Aye 4 Nay Fletcher 1 Borno Simmons Waters Wolfson MOTION CARRIED Approval ofMinutes 2 Approval ofthe minutes of the August 13 Regular Commission Meeting Motion Approve the minutes of the Regular Commission Meeting AuEUSt 13 2007 Moved as by Waters on 2007 on written seconded by Fletcher Votes Aye Nay 5 Borno Fletcher Simmons Wolfson 0 MOTION CARRIED Following approval of the minutes Mayor Wolfson re opened the Courtesy ofthe Floor to Visitors Pat Pilimore 995 Camelia Street expressed her concern over the Atlantic Blvd overpass stating the neighborhood meetings for insight and planning did not include other users of Atlantic Blvd She stated the cities of Atlantic Beach and Atlantic Blvd almost citizen on the planning Beach input who use Dorothy Kerber out ofthe 365 First exclusively Street expressed did not have the her thanks for the Neptune opportunity to give 000 being 45 taken art account and put back into the general fund and stated she was pleased with the Beaches Leader article listing the items that would be out ofthe budget and those that would be left in Mayor Wolfson to Mrs Kerber and the audience explained the article in the Beaches Leader was misleading He stated what the article did not say was that this Commission cut the he Mayor 000 T budget for 2008 by 622 explained they also pushed the money for the public safety building back which is an additional was that removed from the budget so they could get an understanding of 000 6 000 what is tax going to happen in January He also explained that the Commission kept the millage levy at the same rate He stated this benefits the citizens because the August 27 2007 is tax millage REGULAR COMMISSION MEETING Page 3 deductible unlike the fees Jacksonville will impose that are not tax deductible He stated Atlantic Beach did the best they could to protect its citizens and also cut the the mandate fmancially ofthe state which was not in the budget by Beaches Leader article Michael Hoffmann 176 Camelia Street Mayor Wolfson cautioned Mr Hoffman that he did not want to get into attacks on individuals and does not believe it is personal necessary He stated they could have some constructive back and forth but dialogue prefer not to see personal attacks of anyone sitting at the dais Mr Hoffman stated he is opposed to public art and agrees with Mrs Kerber He also agreed with Commissioner Fletcher who is not in favor of funding the Sea and Air Show He stated would he believes this is waste ofthe s resources taxpayers money and a waste ofthe nation of an unconscious militarism in way building this country and believes that is bad He then expressed he was sorry he did not until the end of the a and stated this show is a stay last meeting and stated he should have the right to say anything he wants at the podium and disagrees with the allegations that anything he said could have been threatening He stated he has the right to criticize and has the right to criticize city employees in particular Mr Hoffman then read from emails he sent to a Commissioner regarding an azborist and the response he received and gave copies to the City Clerk Mayor Wolfson stated he did go to Mr Hoffinan sneighborhood last week and will come back this week and will call Mr Hoffman when he does Ray Coleman 438 Inland Way encouraged the Commission to release the funds that were budgeted for art in public places in 2003 and 2004 He stated the money that has been earmarked for this project comes from the bed tax He stated they aze asking for the Commission to release to the Atlantic Beach Public Arts Commission the money they have already approved He expressed that when that money was approved it set in motion fund raising activities and Art Graham with the City of Jacksonville has donated from his discretionary funds the sum of in which was 000 50 matching funds a tight budget He stated the model has previously is been made it beautiful and there is no question that it would benefit the community stated this issue will be discussed later in the Wolfson Mayor agenda and suggested Mr the Commission s requirement Mr Coleman stated this year but this is money that has been allocated we all know it is Coleman stay for that discussion Jonathan Daugherty regazding the 830 Hibiscus Street agreed with Commissioner Fletcher Sea stating it is a propaganda piece for the military He also government has no business sponsoring art Land and stated he believes the Carolyn Woods s Jacksonville s Jacksonville 303 6 Street responding planning sessions Districting Map on not the to comment made including city the web site and the beaches She believes this should be addressed because it is causing Atlantic Blvd and the Moody project Mayor Wolfson check into this and report back to the Commission at the No one else from the audience Visitors spoke so by beaches the Mayor Pat Pillmore about stated are not she saw represented with issues like problems requested the City Manager next meeting closed the Courtesy ofthe Floor to August 27 2007 REGULAR COMMISSION MEETING Unfinished Business from Previous 3 Unfinished Business from Previous A Meeting None City Manager sFollow up Report Consent Agenda 4 Consent Page 4 Meeting 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 ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY SUPPORTING DESIRED THAT DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS A Acknowledge receipt of Monthly Financial Reports and 2007 B Extend the Electrical for one Utility Sales for July Troubleshooting and Repair contract Bid No 0506 15 Limbaugh Electric Co Inc at the contract additional year to Brooks prices C Authorize the s annual contractor Gruhn City Lift Station wetwell for a total of 36 700 May Inc to re line the Gavagan Motion Auurove Consent Agenda Moved by Simmons as read seconded by Borno and Fletcher Votes Aye Nay 5 Borno Fletcher Simmons Waters Wolfson 0 MOTION CARRIED Committee Reports 5 Committee Reports None Action on Resolutions 6 Action on Resolutions 7 Action on Ordinances A Ordinance No None Action on Ordinances AN 13 Public Hearing 07 33 ORDINANCE OF THE CITY OF and Final Reading ATLANTIC BEACH FLORIDA CALLING FOR A REFERENDUM TO AMEND SECTIONS 14 39 40 41 AND 43 OF THE CITY CHARTER TO ESTABLISH A NEW SCHEDULE FOR CITY ELECTIONS AND PROVIDING AN EFFECTIVE DATE Mayor Wolfson read the Ordinance Mayor Wolfson opened by title only the floor to the Public Hearing August 27 2007 No REGULAR COMMISSION MEETING from the audience one spoke the so Mayor Page 5 closed the Public Hearing Motion Annrove Ordinance No 33 13as read 07 Moved by Borno seconded by Simmons Commissioner Borno explained this Ordinance is to adjust the Charter to put the election dates and ratification of election results in sync with the request from the Supervisor ofElections office Mayor Wolfson further this is the of explained City by the Supervisor of Elections to bring our election into line from a calendar perspective so they can properly count the absentee ballots and announce properly without hold to back the announcement in a close having Atlantic Beach s effort to reply to a request election Votes Aye 5 Nay 0 Borno Fletcher Simmons Waters Wolfson MOTION CARRIED B Ordinance No 58 Introduction 32 07 and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH FLORIDA AMENDING CHAPTER 2 ADMINISTRATION ARTICLE VI DIVISION POLICE OFFICER RETIREMENT SYSTEM 4 TO PROVIDE THE LIMITED OPPORTUNITY TO CHANGE A DESIGNATION OF BENEFICIARY BOTH PRE AND POST RETIREMENT PROVIDE THE OPPORTUNITY TO PURCHASE CREDITED SERVICE FOR PRIOR MILITARY AND POLICE OFFICER EMPLOYMENT ON PAYMENT OF FULL ACTUARIAL COST BY THE EMPLOYEE PROVIDE PROVISION FOR ADJUSTMENT TO NORMAL RETIREMENT BENEFIT IN THE EVENT DESIGNATED BENEFICIARY PREDECEASES THE EMPLOYEE PROVIDE INCREASES IN EMPLOYEE CONTRIBUTION RATE PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE Mayor Wolfson read the Ordinance by title only correcting Acturial to Actuarial Motion Aaprove Ordinance No 58 32as read with correction 07 seconded Fletcher by Borno by Moved Commissioner Borno explained this Ordinance increases the contributions ofthe Police Retirement Officer System from 1 to 4 815 allows a retiree who has selected a survivor benefit to receive the normal straight life benefit if the survivor dies before the member in other includes agencies two times of credit service at the full actuarial cost for years worked and allows the retiree to change the beneficiary after retirement up to purchase Ausust 27 2007 REGULAR COMMISSION MEETING Paee 6 Votes Aye 5 Nay 0 Borno Fletcher Simmons Waters Wolfson MOTION CARRIED Miscellaneous Business 8 Miscellaneous Business Item 8A B was taken out of sequence and acted Request from Atlantic Beach on Public Arts earlier in the Commission meeting Inc to release 000 45 for art Mr Hanson summarized the letter from Tracie Parsons budgeted in the current year budget be released for the there is in the current year s 000 45 s final City Commission budget sign before it off requesting the money that is public art project He stated that has not been spent and it be released requires the can Motion Aonrove request from Atlantic Beach Public Arts Commission to release the 45 000 for art Moved by Waters seconded by Borno Commissioner Waters expressed his support stating this is a community that is filled both sides of Mayport Road He stated the money comes out of a type of tax that is with art to make it attractive to tourism designed to improve the city s parks He stated this is practically the only the can be thing money spent on He believes the with artists on Commission has had plenty oftime to review this and Art Graham has donated 000 50 see that it s in the best interest ofAtlantic Beach as their matching funds and he cannot to slap do we right a friend of the city refuse when it is and should be a like Art Graham in the face with this matter He stated rarely 50 match and he believes everything about this project is approved Commissioner Borno agreed with Commissioner Waters stating Commissions in the past and currently have encouraged this SOlc3 organization beautification committee to exist in the City of Atlantic Beach and be a guide and provide information to the Commission He stated they have worked on this project for three years and he believes the commission is remiss not to take serious consideration ofthe recommendation to continue with this project Commissioner Simmons stated she has She stated she has in a community a always been opposed to this project and still is degree opposed to art but she believes size with the diversity of people and incomes that we cannot s Bachelor ofthis in Art and is not afford to spend that kind of money Commissioner Fletcher stated he is opposed to it Mayor Wolfson questioned whether anyone has read the agreement between Atlantic Beach Public Arts Commission and the City ofJacksonville and if they have any concerns the about it Discussion ensued City ofJacksonville regarding the agreement between ABPAC and August 27 2007 REGULAR COMMISSION MEETING Page 7 At the request ofMayor Wolfson Mr Hanson explained the 45 000 is in the current s budget in the convention development tax fund and was carried over by the year Commission at the request ofPaul Parsons and his committee last year because it had been existing in the previous year s budget It was directed at that time before any money was spent to have a final report made to the City Commission about funding Mayor Wolfson questioned whether the 45 000 has been earmarked for any other use since it was set aside Mr Hanson stated no Mayor Wolfson asked how this site was selected Mr Coleman explained that Atlantic Beach Cultural Arts and Recreation Committee canvassed potential locations and came up with five ranked locations which were presented to the Commission Mr Coleman stated the previous current site was the top ranked location Mr Hanson clarified that he did not recall the question of multiple sites was ever brought to the Commission he believes it was the recommendation ofthe art committee Mr Coleman stated there was a Power Point presentation and the consensus at the end was this was the ideal spot for an initial project which was a recommendation from the Cultural Arts and Recreation Committee Mayor Wolfson asked Mr Hanson if this vote fails tonight will this money roll over and be available next year Mr Hanson stated unless it is encumbered it will not carry into next year sbudget and will no longer be designated for public art unless it is carried over in some fashion or the Commission does something else Commissioner Borno stated although the initial request was made to the previous should this Commission carry forward and honor agreements that the Commission put a committee on with the carrot hanging out there or does Commission previous this Commission deny it saying they it is this year sbudget money and he next year He stated they involved in the initial request He stated if they don tapprove it it does not tie to were not agreed have made their decisions all month for next year Commissioner Waters stated he hates to on what they have to do the Commission play Chicken Little since sky has not yet fallen He stated the budget this year and the past years are budgets that we have approved He stated this will be disappointing a large number of citizens and this whole stream of logic and thought is the result ofthe Commission and of the committees that the Commission appoints and the Commission needs to put some trust in them He believes this is a bargain for a beautiful piece of art and we are only paying for half ofit see the Mayor Wolfson stated after hearing the discussion tonight he would like the be put in order and the City ofAtlantic Beach becomes a party to the contract with the City ofJacksonville and not the Public Arts Commission He stated the application is not complete and he will not vote in favor of this until it is documents to complete and the Commission can Waters withdrew his motion look at document that makes sense for the City Wolfson stated it should be deferred and brought back in a final form a Borno withdrew his second Mayor August 27 2007 REGULAR COMMISSION MEETING Motion Defer until documents are put in Moved by Borno Seconded by Fletcher proper Page 8 order Votes Aye 5 Nay 0 Borno Fletcher Simmons Waters Wolfson MOTION CARRIED Mayor Wolfson directed the City Manager to work with the City Attorney to finalize the documents to be brought to the Commission so the City ofAtlantic Beach and its are taxpayers duly protected Mr Coleman contact the asked to present the original slide show at the next meeting and Manager or City Clerk to determine what paperwork he needs to was City to provide City Manager 9 A City Manager City Manager sReport Mr Hanson summarized his report which has been made a part of the minutes Attachment A including TMDL Regulations and the Palms Apartments Mayor Wolfson asked that it be marked on the calendar to assure the construction the former Palms drawings are promised regularly what is going to happen to that place on Mayport Road stating our community that will affect property values it is a fairly blight to Mr Hanson also reported an emergency purchase order in the amount of 18 720 a broken transfer sludge pump at one ofthe wastewater issued to fix 10 A for submitted to the City for approval within the Commissioner Simmons stated she has had citizens ask her Apartments timeframe Reports Requests City Commissioners City Attorney as was plants or requests from City Commissioners and City Attorney Reports and Request for the Tree Ordinance to be discussed at the September Workshop Commissioner Fletcher raised the Tree Ordinance issue and after discussion it majority decision of the Commission to discuss the Tree Ordinance at the was the September workshop B Discussion the Joint Agreement with Neptune summarized the Joint Mayor Wolfson consensus on Beach Agreement and after discussion it was the Agreement at the September 11 ofthe Commission to discuss the Joint workshop Commissioner Borno Thanked City Manager and staff for development standards the update on implementation of residential Pointed out Smyrna Beach there is a Florida Down Home wanting to vote watched because that would on mean every Democracy group out ofNew amendment which needs to be everything would go to referendum 1l August 27 2007 REGULAR COMMISSION MEETING Page 9 Kernan Overpass public hearing is set for City Council meeting at 5 00 p m on Tuesday August 28 He stated he will go to the meeting to reiterate the facts that this is part ofthe Better Jacksonville Plan and DOT Mayor Wolfson asked if the City of Jacksonville sposition is to do away with the overpass Commissioner Borno stated it is to do away with the and overpass go to the alternate which FDOT is on record as saying is not the way to go Mayor Wolfson asked the City Manager if the City of Atlantic Beach is engaged in this process Mr Hanson stated we have not sent anything to Jacksonville since the last time it came up Mr Hanson stated he was just made aware of this but doesn thave any new information other than it is coming up again with a new councilmember Mayor Wolfson stated the Commission needs to send a Jacksonville again that our position has not changed and asked for a Commissioner Borno could speak on behalf ofthe Commission message to motion so Motion Allow Commissioner Borno to sneak on behalf ofthe Commission at the Jacksonville City Council meeting on August 28 regarding unanimous position on the Kernan Overpass Moved by Simmons seconded by Fletcher Votes Aye 5 Nay 0 Borno Fletcher Simmons Waters Wolfson MOTION CARRIED Stated he was sorry Mr Hoffman had was not left because a little bit of misinformation the air show Commissioner Borno stated it is it is an event by the City of Jacksonville which presented tonight regarding on by the military just happens to be at the beaches every two years He stated the military willingly joins in and provides certain units to participate Also he stated the other conversations regarding being against or for whatever is going on in Iraq are immaterial to the issue of an air show and inappropriate in an open forum He stated we need to deal with these things on an upfront basis on what they are which is strictly just an air show event Commissioner Borno stated he spent a lot of years in the military and there are other in the audience who did people also so that we have the safety of a strong military He is very proud he was in the military and stated everybody chooses what they want to do for a living put Commissioner Waters Reminded stating Mayor Wolfson about the upcoming reception for the volunteers only person who has not responded Mayor Wolfson stated he he is the will be there Also reminded everyone ofthe Luau that supports the Beaches Resource Center and BEAM is coming up and if you buy your tickets ahead oftime are 00 and 45 30 00 September Mayor at the door Mayor Wolfson stated it will be held 15 at the Lemon Bar Wolfson Commended budget City Manager Department Heads and staff for reducing they on the August 27 2007 REGULAR COMMISSION MEETING Page 10 Pertaining to the Sunshine violations Jacksonville City Council an article mentioned there are four significant investigations by the grand jury one of which is the Moody Shipyard Adjournment There being no further discussion the Mayor declared the meeting adjourned J Donald M ATTEST ylQ 4 Donna L Bussey City Clerk CMC Wolfson Mayor Presidi Officer at 9 05 pm AGENDA ITEti 9A AUGUST 27 2007 ATTACHMENT A August 20 2007 MEMORANDUM TO The Honorable Mayor and Members of the Commission FROM Jim Hanso City laiat agerW SUBJECT City M s Report TNIDL Relations An amendment to p oposed grant stipulations relating to the construction ofwastewater facilities was approved on by the TMDL Executive Committee at a meeting Thursday August 16a that may benefit the City of Atlantic Beach It was reported in a recent budget workshop that it may be better to turn down State grant funding because ofsome conditions proposed Specifically state regulators had proposed a provision that would not allow any credits far excess reduction for nitrogen firm the river to be used to offset required nitrogen reduartions from other wastewater or stormwater discharges Atlantic Beach officials have been planning to upgrade the larger of the stwo wastewater plants to advanced City wastewater treatment standards which would go beyond the required nitrogen limits for AQVT the TMDL restrictions The plan was for these additional reducfions to be used in place of ns reductia be that would in the second nitrogen and smaller wastewater plant required s City if acceptance of a state grant would disallow the use ofthose credits then additional construction would be needed at the second wastewater plant However The action by the TMDL Executive Committee on August 16 will allow the internal trading of edits Tlve remaining restrictions specify that if the credits are to be sold to other ct governmental entities then the receiving city Atlantic Beach could not make a profit out ofthe sale This grant change does not apply to reuse grants although Atlantic Beach officials separate discussion with Water Management District employees At this are having a to try to get this amended also time Atlantic Beach has not received any commitment from the State for future grant plant expansions However this change in grant stipulations could bane effect on Atlantic Beach s future costs if a giant is received The of for wastewater funding a significant Jacksonville Beach currently has a commitment from the State for grant funds City totaling 000 6 000 alms Auartments Several City Commissioners recently J questioned if the current conditions the Palms Apartments on Mayport Rd violated City standards Staff the on August 20s and a report was issued by Alex Sherrer copy attached inspected complex In summary while there at AGENDA ITEM q 9A AUGUST 27 2007 several violations they can be easily corrected and the owner has been cited The remaining previous denotation do not violate the City Code Staff is investigating whether other Florida cities regulate similar situations to see if Atlantic Beach should strengthen the Code In the meantime Glenn Trotter a representative ofthe Palms owner has provided a letter are walls from the indicating that plans for the reconstruction ofthe buildings will be submitted for permitting within the next couple ofweeks A copy ofhis letter of August 14 is attached AGENDA TEEM N 9A AUGUST 27 2007 Memo Ta Jan Hanson onCAlex Sherrer Fr CCe David City Manager Code Enforcement Offwer Thompson Public Safety Director David Hufsbatier i Building Of Datiee 200 20 8 Rs Palms Apartrnenis Survey A genera sunney of the property cornmonty nefiemed do as the Pakns p Partmerrts was ed today oonduc The pautiapar ts of this survey were Public Safety Dinedor David Thompson Bung Official David Hutste4ler Owner s Represerrtative Glen Trotter and The myse tolowing safety issues iviotatiorrs wane observed 1 eded pemutted height Vegefatiort ext 2 Two smaD 3 Pile of Construction Debris a Two open 5 Two mgr spots of stagnant water 6 Unsecured openings in the perime6er fienc ng pits laundry Binding Uk Trotter witl be dk ed b ooRect the afor et errrerrtioned deficiencies within 2 weeks weed a was a of survey t time eoady process at urthemwre t11M Totter was direc0ed to information provide neganding fhe status plans of the property On the ve side posid we could find no evidence of v errnin human habitation or iitegal and while e tt existing rucbtues ane unsightly the Buitding OPfiaal has determined are sound rnes and options r ganrfing the status of the existing s future stiorage they similarities is existing again any ed being resesnc tD caned Pro such s a blighted condition from enter AGENDA ITEM 7 9A AUGUST 27 2007 August 14 2007 Ms Sonya Doerr Community Development City of Atlantic Beach Director S00 Seminole Road antic Beach Florida 32233 At 5445 Former Palms Re Project Apartments located at 3952 Mayport Road Atlantic Boulevard Status Dear Ms Doerr Please accept this letter on behalf of 3952 Mayport Road LLC recent owners of the former Patens Apartments complex to update the Planning Development Department as to the current and planned status of the property Architectural construction submittal into the ZS concrete block drawings have been in progress and are within two to four weeks for City buildings approvals The and the City of Atlantic Beach anticipated to be completed for plans depict maintaining the existing site adding additional bathrooms to individual units reconfiguring interior layouts of units engineering far new HVAC electrical and plumbing of all units New code windows and doors are with approved planned together newly engineered roofs on Updated landscaping plans are also integral to fencing has been designed for installation the working The plan owners to be will commence construction upon constructed in stages pending velocity and drawings A Security entrance gate and permit approvals The project 3952 Mayport Road LLC looks forward to constructing and delivering art outstanding designed to meet the needs of the residents of Atlantic Beach Please contact me should you have questions regarding this exciting project sincerely r i t Glen Trotter Representative for 3952 Mayport Road Phone 904 241 1922 LLC is contemplated of sales residential project