[10. Consider appointments to the Contractors Review Board. Currently there are four vacancies on the Contractors Review Board due to expired terms and one removal for absenteeism. These vacancies were advertised October 6, 2021 through November 5, 2021. The vacancies are required to be filled by a licensed certified or registered Pool Contractor, a licensed certified or registered Electrical Contractor and two citizens with no contractor industry involvement. Please find attached for your review and consideration two applications (Cory Felton, District 2 and Tyler Watson, District 3) and a letter of recommendation from the Contractors Review Board.]

>> YES, SIR. >> CHAIR DEAN: AND

COMMISSIONER ARNOLD. >> CHAIR DEAN: AND I VOTE YES. WE NOW HAVE THE REGULAR AGENDA SET AND WE'LL TAKE UP 10, 11 AND 12 FIRST. SO, I'LL CALL MS. LUNDQUIST FIRST.

>> I GENERALLY DON'T MIND BEING AT THE END OF THE AGENDA BUT I APPRECIATE YOU MOVING ME UP. ITEM 10 BEFORE YOU, AND I'M SORRY, MELISSA LUNDQUIST ASSISTANT TO ALL BOARD OF COUNTY COMMISSIONERS. THE CONTRACTORS REVIEW BOARD. CURRENTLY THERE ARE FOUR VACANCIES ON THIS BOARD DUE TO EXPIRED TERMS AND ONE REMOVED DUE TO ABSENTEEISM. LICENSED CERTIFICATE ANIED OR REGISTERED POOL CONTRACTOR, A LICENSED CERTIFIED OR REGISTER ELECTRICAL CONTRACTOR AND TWO CITIZENS WITH NO CONTRACT OR INDUSTRY INVOLVEMENT. YOU SHOULD FIND TWO APPLICATIONS THAT OF MR. COREY FELTON AND MR. TYLER WATSON AND THERE'S A LETTER OF RECOMMENDATION FROM THE CONTRACTOR'S REVIEW BOARD RECOMMENDING THESE TWO GENTLEMAN, MR. FELTON TO FILL THE CITIZEN'S SEAT AND MR. WALDRON TO FILL THE ELECTRICAL CONTRACTOR SEAT. THAT'S THE BASIS OF THIS ITEM, IF THERE ARE QUESTIONS, I'M HAPPY TO ANSWER THOSE.

>> CHAIR DEAN: ANY QUESTIONS? IS THERE PUBLIC COMMENT ON ITEM

10? >> IS THERE A MOTION ON ITEM

10? >> MR. CHAIRMAN, I'LL MAKE A

MOTION. >> YES, SIR.

>> MOTION TO APPOINT COREY FELTON TO THE CONTRACTORS REVIEW BOARD FOR A FULL FOUR-YEAR TERM SCHEDULED TO EXPIRE MARCH 1ST,

2026. >> SECOND.

>> CHAIR DEAN: WE HAVE A MOTION AND A SECOND.

>> COMMISSIONER WHITEHURST? >> YES.

>> COMMISSIONER BLOCKER? >> YES.

>> COMMISSIONER ARNOLD? ? >> YES.

>> MOTION TO APPOINT TYLER WATSON TO THE CONTRACTOR'S

[00:20:05]

REVIEW BOARD. >> SECOND.

>> CHAIR DEAN: ALL RIGHT. WE HAVE A MOTION AND A SECOND.

PLEASE VOTE, COMMISSIONER WHITEHURST?

[11. Consider an appointment to the Health & Human Services Advisory Council. Currently there is a vacancy on the Health & Human Services Advisory Council (HHSAC) due to an expired term. The vacancy was advertised from August 19, 2021 to September 24, 2021. The vacancy is required to be filled by a professional from a discipline in Health & Human Services. Please find attached for your review and consideration eight applications (Leslie Barstow - Dist. 2, Anne Challis - Dist. 2, Howard Hitzel - Dist 5, Kathleen Patneau - Dist. 4, Anna Pirgousis - Dist. 4, Frederick Richards - Dist. 2, Steve Schoenly - Dist. 4, and Jonathan Simpson - Dist. 4) and a letter of recommendation from the HHSAC.]

>> YES. >> COMMISSIONER WALDRON?

>> ZOO. >> CHAIR DEAN: COMMISSIONER

BLOCKER? IS >> YES, SIR.

>> CHAIR DEAN: AND I VOTE YES AND THAT'S APPROVED UNANIMOUSLY.

>> CHAIR DEAN: NOW, ITEM 11. >> YES, SIR. ITEM 11 IS CONSIDER AN APPOINTMENT TO HEALTH AND HUMAN SERVICES ADVISORY COUNCIL. THE VACANCY WAS ADVERTISED AUGUST 1ST THROUGH SEPTEMBER 24TH OF 2021. THE VACANCY IS REQUIRED TO BE FILLED PIE A DISCIPLINE IN THE HEALTH AND HUMAN SERVICES.

ATTACHED IN YOUR PACKET, YOU SHOULD HAVE FOUND EIGHT APPLICATIONS ALONG WITH A LETTER OF RECOMMENDATION FROM THE HEALTH AND HUMAN SERVICES COUNCIL. THAT'S THE BASIS OF THIS ITEM AND I'M HAPPY TO ANSWER QUESTIONS.

>> CHAIR DEAN: ANY QUESTIONS AT THIS POINT? ANY PUBLIC

COMMENT ON ITEM 11? >> .

>> CHAIR DEAN: OKAY, SEEING NONE, IS THERE A MOTION?

>> MR. CHAIRMAN I'LL MAKE A MOTION.

>> CHAIR DEAN: YES, SIR. >> MOTION TO APPOINT FREDERICK RICHARDS TO THE HEALTH AND HUMAN SERVICES ADVISORY COUNCIL FOR A FULL FOUR-YEAR TERM SCHEDULED TO EXPIRE MARCH 1ST, 2026.

>> SECOND. >> CHAIR DEAN: WE HAVE A MOTION AND A SECOND. COMMISSIONER WHITEHURST?

>> YES. >> CHAIR DEAN: COMMISSIONER

WALDRON? >> YES.

[12. Consider an appointment to the Affordable Housing Advisory Committee. Currently there are two vacancies on the Affordable Housing Advisory Committee due to resignations. One of the vacancies occurred recently, however, the vacancy requiring appointment of a citizen engaged in residential home building was advertised August 3, 202 1 through September 1, 2021. Attached for your review and consideration are four applications (Gregory Burke - Dist. 2, Kristine Koproski - Dist. 4, Frederick Richards - Dist. 5, and Thomas Walsh - Dist. 5) and a letter of recommendation from the Affordable Housing Advisory Committee. NOTE: The additional vacancy will be advertised and brought back at a later date.]

>> CHAIR DEAN: COMMISSIONER BLOCKER?

>> YES. >> AND COMMISSIONER ARNOLD?

>> YES. >> CHAIR DEAN: AND I VOTE YES, AND THAT PASSES UNANIMOUSLY. AND THOSE ONLY ONE VOTE REQUIRED ON ITEM 11. ITEM 12.

>> ITEM 12 IS CONSIDER APPOINTMENT TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE, CURRENTLY THERE ARE TWO VACANCIES ON THIS BOARD AND ONE DUE TO A RESENT RESIGNATION.

AND I'M SORRY, MY PACKET WAS INCORRECT AND THE OTHER WAS UNFORTUNATELY DUE TO THE PASSING OF A MEMBER. WE'RE SORRY TO HEAR ABOUT THAT. NONETHELESS, THE VACANCY WAS ADVERTISED FOR A CITIZEN ENGAGED IN THE RESIDENTIAL HOME BUILDING AUGUST 3RD THROUGH SEPTEMBER 1ST, ATTACHED FOR YOUR VIEW AND CONSIDERATION ARE FOUR APPLICATIONS AND A LETTER OF RECOMMENDATION FROM THE AFFORDABLE HOUSING ADVISORY COMMITTEE. THE ADDITIONAL VACANCY THAT JUST CAME FORTH AS WE WERE IN THIS PROCESS WILL BE ADVERTISED AND BROUGHT FORTH AT A LATER DATE, SO YOU HAVE ONE VACANCY TO CONSIDER TODAY.

THAT'S THE BASICS. >> CHAIR DEAN: ANY QUESTIONS? PUBLIC COMMENT ON ITEM 12. PUBLIC COMMENT ON ITEM 12. NO PUBLIC COMMENT. I SERVE ON THE AFFORDABLE HOUSING ADVISORY COMMITTEE, SO, I'LL MOVE GREGORY BURKE TO BE APPOINTED.

>> SECOND. >> CHAIR DEAN: COMMISSIONER

WHITEHURST? >> YES.

>> CHAIR DEAN: COMMISSIONER WALDRON?

>> YES. >> CHAIR DEAN: COMMISSIONER

BLOCKER? >> YES, SIR.

>> COMMISSIONER ARNOLD? >> YES.

>> CHAIR DEAN: AND I VOTE YES AND THAT'S APPROVED 5-0.

[1. Public Hearing * PLANAPPL 2021-06. Request to appeal the Planning and Zoning Agency (PZA) denial of a Special Use Permit (SUPMAJ 2021-14) to allow for the on-site sale and consumption of beer and wine, under the regulation of the State of Florida Type 2COP license, in conjunction with an existing restaurant within conditional Commercial Intensive (CI) zoning, consistent with Section 2.03.02 of the Land Development Code. This item was heard by the Planning and Zoning Agency on December 2, 2021 and denied with a 5-1 vote.]

>> THAT'S FOR THE PARTIAL TERM SCHEDULED TO EXPIRE.

>> CHAIR DEAN: AS THE STAFF INDICATES.

>> THANK YOU. >> CHAIR DEAN: DOES THAT TAKE CARE OF ALL THREE, NOW ARE WE GOOD. AND NOW WE'RE GOING BACK TO ITEM 1. ITEM 1. ITEM 1 IS AN APPEAL FROM THE PZA ON THE VILLAGE FOOD GARDEN. MR. WHITEHURST ARE YOU

PRESENTING THIS? >> IT'S QUASI-JUDICIAL.

COMMISSIONER WHITEHURST, ANY EX- EX- EXPARTE.

>> WE DISCUSSED THE HISTORY OF THIS BUSINESS, WHEN THEY OPEN IT HAD UP, WHAT THEIR INTENT WAS, WHEN THEY OPENED IT UP. WE DISCUSSED THE TRAFFIC PATTERN AND WE HAVE A REPORT I BELIEVE THAT WILL BE PRESENTED TODAY AND THEIR HOURS OF OPERATION AND THEIR OVERALL INTENT WITH THEIR FOOD VILLAGE. ALSO ON THE 17TH, OMAR AND STAFF ARE OPPOSED TO THE SPECIAL USE PERMIT. THEY DISCUSSED THE DANGEROUS TRAFFIC PATTERN IN THEIR MIND. THEY DISCUSSED THE CHARACTER OF THE NEIGHBORHOOD AND HOW THIS WOULD POTENTIALLY DISTURB THE CHARACTER. NEIGHBORHOOD. THAT'S

ALL I HAVE. >> COMMISSIONER WALDRON?

>> YES, SIR, MR. CHAIR, I MET THURSDAY AT 2-17-22, WITH KELLY

[00:25:12]

SMITH AND STAFF WAS PRESENT WITH THE APPLICANTS AND THEY DISCUSSED THEIR NEED AND WANT FOR BEER AND WINE LICENSE. IT THE PARKING AND THE LAYOUT AND DISCUSSED ALL OF THAT, AND I ALSO MET WITH LONNIE PULMAR AND GARY PINKEN, THEY WERE AGAINST IT, LIVES IN THE NEIGHBORHOOD, THE USUAL CONCERNS OF PARKING, TRAFFIC, AND SAFETY IN THE NEIGHBORHOOD. I ALSO HAD A CALL FROM A MS. HATTEN WHO SPOKE IN FAVOR OF THE PROJECT AND HAD A MESSAGE FROM MR. JAMES TAYLOR WHO WAS IN FAVOR OF THE PROJECT.

HE SENT ME A MESSAGE STATING THAT HE WAS IN FAVOR OF THE APPLICATION AND I ALSO MADE TWO SITE VISITS SATURDAY, ONE IN THE MORNING BEFORE THEY OPEN AND ONE AT 3:30 WHEN THEY WERE OPEN.

THAT'S IT. >> CHAIR DEAN: OKAY. ON THURSDAY, THE 17TH, AROUND 11:30 I MET WITH KELLY AND BRENDAN SCHNECK AND WE DISCUSSED THE HISTORY OF THE FOOD GARDEN AND ALL THE ACTIVITY THAT WAS GOING ON. THEY SHARED WITH ME INFORMATION AND AS I UNDERSTAND IT, THEY HAD ASKED FOR AND GATHERED FROM THE SHERIFF'S OFFICE REGARDING TRAFFIC ISSUES AND THE NEED FROM A RUNNING A SMALL BUSINESS TO A SMALL CAFE.

THE NEED TO HAVE A BEER AND WINE AS A VITAL PART OF THE INCOME STREAM FOR THAT SMALL BUSINESS. I ALSO IT MET A DAVID AND LONNIE AND THEY REPRESENT NEIGHBORS WHO OBJECT AND CONTINUE TO OBJECT TO HAVING BEER AND WINE AT THIS FOOD TRUCK VILLAGE AND I RECEIVED PROBABLY ROUGHLY 10-12 EMAILS, ALL OF THEM PUBLIC RECORD, PROBABLY I WOULD SAY EIGHT TO 10 ASKING US TO UPHOLD THE PZA DECISION AND SEVERAL RECOMMENDING THAT THE BEER AND WINE LICENSE BE APPROVED AND WE REVERSED THE PZA. SO, THOSE

WERE MY EX-PARTE COMMUNICATIONS. >> I HAD A MEETING THURSDAY, AT 12:00 P.M. AND BRENDAN SCHNECK AND KELLY. AND WE DISCUSSED THE IMPROVEMENTS THAT THEY MADE AND SOME OF THE P RELATIONSHIPS AND TRYING TO KEEP THINGS AMICABLE WITH THE LOCAL COMMUNITY. I MET ON THE 17TH WITH DAVID PANKIN AND LONNIE, THE SCOPE OF IT WAS OUTLINED, THE CONCERNS ABOUT THE ALCOHOL BEING SERVED AND HOW THAT WOULD NEGATIVELY IMPACT THE COMMUNITY. I ALSO BRIEFLY HAD A PHONE CALL UNTIL 1600 ON FEBRUARY 28TH, YESTERDAY, WITH MR. JAMES WHITEHOUSE. THAT'S ALL I HAVE, SIR.

>> CHAIR DEAN: COMMISSIONER ARNOLD?

>> THANK YOU. ON THURSDAY, FEBRUARY 17TH, APPROXIMATELY 12:30 P.M., I MET WITH KELLY AND BRENDAN SCHNECK, THE APPLICANT AND STAFF, WE DISCUSSED THE HISTORY OF THE LAND, THE SCOPE, THE CAPACITY, PARKING, TRAFFIC CONCERNS, HOURS OF OPERATION, I ALSO MET WITH BARBARA OLSEN AND VARIOUS RESIDENTS OF MENENDEZ PARK ON FRIDAY TO DISCUSS THEIR CONCERNS AND OPPOSITION TO THIS

PROJECT. >> CHAIR DEAN: THANK YOU.

ALL RIGHT. NOW, HAVING FINISHED EXPARTE.

>> THANK YOU, FROERT, JAMES WHITI'M HERE ON BEHALF OF THE APPLICANTS IN THIS INCIDENT, AS YOU COULD SEE, KELLY AND BRENDAN SCHNECK AS YOU KNOW, AND THEY OWN 2350D ARE FOOD TRUCK GARDEN. AND THAT USE YOU'RE GOING TO HEAR A LOT DEF DISCUSSION I THINK TODAY FROM PEOPLE IN THE QUOTE NEIGHBORHOOD, BUT I WANT TO SHOW YOU, LET ME WALK OVER HERE A

[00:30:04]

MOMENT. SO, THIS IS AN AERIAL OF THE AREA AND MOST OF YOU KNOW THIS AREA, THIS IS AQUAAQUA EAS THIS IS THE PET RESCUE BUILDING.

AND THAT'S THE IT WAS A FORMER ITALIAN RESTAURANT THAT HAD A FULL LIQUOR LICENSE NEXT DOOR. WHEN WE TALK ABOUT THE NEIGHBORHOOD. AND YOU HEAR THE NEIGHBORHOOD, THIS IS THE NEIGHBORHOOD, NOT JUST THIS AREA HERE. THIS IS THE NEIGHBORHOOD AND IT'S PART OF THE CITY OF ST. AUGUSTINE AND PART IN THE COUNTY. AND THESE ARE ALL MAPS FROM YOUR STAFF REPORT THAT YOU CAN SEE IN FRONT OF YOU IN YOUR PACKET. THESE ARE THE TWO, THIS IS YOUR FUTURE LAND USE MAP ON TOP. THE FUTURE LAND USE MAP CLEARLY SHOWS THE OUTLINE. LIKE I SAID, THIS IS A CUT AND PASTE FROM YOUR STAFF REPORT. CLEARLY SHOWS WHERE THIS PROPERTY IS, OUTLINED IN THIS TRIANGLE HERE. THIS IS IN THE COMMERCIAL SECTOR AND COMMERCIAL CORRIDOR ALONG A 1 A WHERE IT GOES TO STATE ROAD 312 TURNS INTO A 1 A BEACH BOULEVARD. THIS PIECE RIGHT HERE, THAT'S JUST TO THE EAST OF THIS RED COMMERCIAL PIECE IS ALSO COMMERCIAL. AND THAT'S WHERE YOU HAVE THE BEACH GOOD STORE. AS YOU ALL KNOW. AQUA EAST, THE ABC STORE.

MCDONALD'S. AND HERE YOU HAVE ON THE CORNER OF 312 AND A1A, YOU HAVE THE LIONS GATE NEIGHBORHOOD NEXT DOOR WHICH ARE YOU WILL COMMERCIAL AND YOU HAVE THE COMMERCIAL HERE AND HERE.

AS I SAID, I WANT TO POINT OUT TO YOU THAT THIS IS THE NEIGHBORHOOD WITHIN PLANNING UNDERSTAND SOMETHING. THIS IS YOUR ZONING MAP. AS YOU KNOW, THE LAND USE GUIDES WHAT KIND OF USES ARE AVAILABLE, THE ZONING TALKS ABOUT THE PARTICULAR USES AVAILABLE. THIS IS YOUR ZONING MAP. AGAIN, OUTLINING CLEARLY FROM YOUR STAFF REPORT WHERE THIS PROPERTY IS AND IT'S LABOR DAYED AS CI ON THE ZONING MAP AND THIS WAS APPROVED BACK IN 2016. IT WAS CG WHICH IS COMMERCIAL GENERAL. SO, IT DIDN'T CHANGE FROM SOME NEIGHBORHOOD ZONING OR LAND USE TO COMMERCIAL. IT WAS A COMMERCIAL ZONING SINCE THE ZONING MAPS AND COMMERCIAL PLAN WAS ESTABLISHED BACK IN 1990.

THIS WAS CHANGED TO CI AND THE REASON FOR THAT WAS TO ALLOW THE COMMERCIAL INTENSIVE USE OF A FOOD TRUCK PARK. AT THE TIME, THERE WAS NO FOOD TRUCK PARKS IN OUR COUNTY, AND THEY NEEDED TO FIND A WAY FOR THE COUNTY STAFF HAD TO COORDINATE WITH THE APPLICANT TO FIND A WAY TO SAY HOW CAN YOU AT LEAST APPLY FOR THIS. AND THEY APPLIED FOR IT BY DOING, THEY HAVE ALL THE SAME CG USES WHICH I WILL TALK ABOUT LATER ON AVAILABLE. THE ONE USE ADDED IN THAT REZONING IN 2016 HERE IN THIS CHAMBER WAS FOR THIS FOOD TRUCK PARK. IN ANY CASE, I JUST WANTED TO GO OVER THE BASIS OF THAT, I KNOW THAT YOU HAVE THAT IN YOUR PACKETS, BUT I THINK IT'S IMPORTANT TO UNDERSTAND WHEN YOU TALK ABOUT A NEIGHBORHOOD, THE NEIGHBORHOOD IS THE WHOLE AREA. I THINK WE ALL REMEMBER THAT AS KIDS, WHEN YOU WATCH MR. ROGER'S NEIGHBORHOOD, HE BROUGHT IN COMMERCIAL, NEIGHBORHOOD, AND WORKERS. SO, IN ANY CASE, YOU KNOW, WE'RE HERE ON AND YOU COULD IT SEE THIS FROM YOUR PACKET, WHAT'S CALLED A PLANNING APPEAL. NOW, A PLANNING APPEAL IS INTERESTING WHEN YOU ARE IN A COUNTY CONTEXT OR THE LOCAL GOVERNMENT. USUALLY HAD YOU HEAR ABOUT AN APPEAL, APPEAL IS A FANCY WORD THAT LAWYERS USE WHEN YOU ARE HEARING SOMETHING THAT MAY HAVE HAD A DECISION PRIOR. WE USE APPEAL IN THE CODE, WELL, APPEAL IN OUR CODE TALKS ABOUT REVIEWING A PRIOR DECISION, BUT IT'S NOT TO TALK ABOUT A PRIOR DECISION TO GIVE DIFFERENCE. AND THEY USE ANOTHER FANCY WORD THAT US LAWYERS USE WHICH IS DENOVO, AND THAT'S A LATIN WORD WHICH MEANS FROM THE NEW. THAT MEANS YOU ARE HERE TO REVIEW IT FROM THE KNEW. IT'S A QUASI JUDICIAL HEARING, THAT MEANS THAT YOU ARE HEAR TO HEAR THE TESTIMONY TODAY TO MAKE A DECISION ON THE TESTIMONY. NOT TO GIVE DIFFERENCE ON WHETHER A DECISION WAS MADE BEFORE. HAS IS BEEN

[00:35:04]

DECIDED BEFORE. DO WE REALLY NEED TO DECIDE IT AGAIN? NO.

OUR CODE IS CLEAR. IT SAYS IT'S NOT AND LIKE I SAID, JUST READING FURTHER FROM THE DEFINITION OF DENOVO, IT SAYS WHEN A COURT OR BODY HEARS A CASE DENOVO IS DECIDING WITHOUT REFERENCE FROM PREVIOUS. THAT'S VERY IMPORTANT, WE'RE NOT HERE TO SAY SOMEBODY PREVIOUSLY DECIDED THIS, AND SO, WE DON'T WANT TO GO AGAINST WHAT THEY SAID OR HURT THEIR FEELINGS, IT'S NOT ABOUT EMOTION, IT'S ABOUT FACTS AND TESTIMONY. AND FROM YOUR CODE AND IN OUR LAW THAT WE ALL FOLLOW, THAT MEANS IN A QUASI-JUDICIAL HEARING, YOU HAVE TESTIMONY THAT COMES BEFORE YOU. A LOT OF TESTIMONY CAN EITHER BE FACT BASED OR NOT FACT BASED. IN THIS PARTICULAR INSTANCE, WHEN YOU BASE YOUR DECISION AND YOUR ATTORNEY WILL ADVISE YOU HAVE THIS, I BELIEVE AND MOST OF YOU KNOW THIS IS THE FACT THAT IT NEEDS TO BE BASED ON FACT TESTIMONY. IT CANNOT BE OPINION, EMOTION OR FEAR.

FACT-BASED TESTIMONY. AND THE THREE THINGS THAT ARE EVALUATED WHEN YOU TALK ABOUT A QUASI-JUDICIAL WAS PROVIDE DO YOU RECALL DUE PROCESS ACCORDED TO THE PARTIES, NUMBER TWO, WHETHER THE ESSENTIAL REQUIREMENTS OF LAW OBSERVED, WHICH MEANS DID YOU APPLY THE RIGHT LAW AND NUMBER, WHETHER THE ADMINISTRATIVE FINDINGS, AND JUDGEMENT WERE SUPPORTED BY COMPETENCE AND SUBSTANTIAL EVIDENCE. WHICH IS FACT-BASED TESTIMONY. WE WANT TO HEAR ALL THE TESTIMONY. WE'RE THATTER TO LISTEN TO EVERYONE, BUT YOU NEED TO BASE ANY DECISION THAT YOU MAKE ON FACT-BASED TESTIMONY. IN THAT LIGHT, I WOULD LIKE TO CALL UP BRENDAN SCHNECK AND KELLY BECAUSE THEY WANT TO GIVE YOU FACT BASED TESTIMONY ABOUT THEIR REQUEST, THE AREA, AND WHAT SUPPORTS THEIR REQUEST. LET ME CALL THEM NOW AND LET THEM AND I'LL COME BACK UP AND SUMMARIZE, THANK YOU FOR YOUR

TIME. >>> I'M KELLY SCHNECK THIS IS MY HUSBAND, BRENDAN SCHNECK, 21 DENVER DAY. WE'RE HERE ON BEHALF OF YOUR BUSINESS, THE VILLAGE GARDEN. WE HAVE PROUDLY OWNED THIS ESTABLISHMENT FOR OVER THREE YEARS NOW. I WAS A LONG LABOR OF LOVE THAT HAS EQUALLY BECOME BELOVED BY THE COMMUNITY. WE STARTED OUR FIRST BUSINESS 10 YEARS AGO WITH BIG ISLAND BOWL. FOR THOSE OF YOU WHO HAVE NOT VISITED THE PARK, I THINK IT'S IMPORTANT TO HAVE A VISUAL CONTEXT FOR OUR BUSINESS.

SO, AS YOU COULD SEE WE VERY INTENTIONALLY DESIGNED IT TO BE VERY FAMILY AND PET FRIENDLY. THAT WAS INCREDIBLY INTENTIONAL.

AS YOU COULD SEE, THIS IS A PARK. THIS CERTAINLY IS NOT A BAR. THERE'S A LITTLE PLAYGROUND, SAND BOX AREA, SPECIFICALLY THAT WE MADE FOR CHILDREN. YOU CAN GO TO THE NEXT SLIDE. AND I FEEL LIKE THESE PICTURES REALLY PROVIDE CONTEXT OF OUR VIBE AND VISION AT THE PARK IT'S CERTAINLY A VERY SPECIAL COMMUNITY SPACE. WE WANTED TO CREATE A BEAUTIFUL PARK AND INVEST IN OUR COMMUNITY. THESE ARE JUST MORE PHOTOS OF OUR WONDERFUL CUSTOMERS. TO THE LEFT IS A PHOTO FROM THE COFFEE SHOP WHICH IS WHERE BEER AND WINE WOULD BE SERVED FROM. WE HAVE COME A VERY LONG WAY. THIS PHOTO WHAT WAS AN INTERVIEW FROM THE ST. AUGUSTINE RECORD ALMOST 10 YEARS AGO WHEN WE STARTED OUT AT FARMER'S MARKETS AND ONLY A FEW YEARS LATER WE'RE ON THE COVER OF ST. AUGUSTINE SOCIAL. LET'S TALK ABOUT THE VILLAGE GARDEN AND THE AND THE RESTAURANT INDUSTRY IN GENERAL. WHAT MOST PEOPLE WHO ARE NOT IN THE RESTAURANT INDUSTRY DO NOT REALIZE IS THAT 1 THIRD OF A RESTAURANT'S REVENUE IS BEER AND WINE OR ALCOHOL SALES. IT IS A CRUCIAL PART OF ANY RESTAURANT BUSINESS MODEL. IT ALSO DUE TO THE HIGH PROFIT MARGINS ON BEER AND WINE SALES, IT IS ABLE TO OFFSET FOOD COSTS, WHICH AS YOU KNOW RIGHT NOW IS ASTRONOMICAL.

[00:40:03]

AND EVEN BEFORE THAT WAS THE CASE WITH COVID, THAT WAS WHY RESTAURANTS HIGHLY DEPEND ON ADULT BEVERAGES. THE PROFIT MARGIN IS WONDERFUL AND IT IS ABLE TO KEEP THE BUSINESS AFLOAT. RESTAURANTS ACTUALLY MAKE MOST OF THEIR MORESTAURANT DON'T MAKE THEIR MONEY FROM FOOD SALES. TRYING TO SURVIVE THESE PAST THREE YEARS WITHOUT THIS VERY BASIC AND ESSENTIAL LICENSE HAS BEEN AN IMMENSE HARDSHIP, ONE THAT WAS UNFAIRLY PLACED ON OUR SHOULDERS ALSO WHILE TRYING TO STAY AFLOAT AFTER BEING BRUTALLY HIT FINANCIALLY AND DURING TWO YEARS OF COVID.

THERE SEEMS TO BE MORE AND MORE LARGE DEVELOPMENTS HAVING LITTLE ISSUE BEING APPROVED, WHILE SMALL BUSINESSES ARE BEING PUSHED OUT. MY HUSBAND AND I ARE BOTH FLAGGER ALUMNI AND I WAS HAPPY TO SPEAK TO NEW ENTREPRENEUR ABOUT MY EXPERIENCE. WE LOVE THIS TOWN AND WE WANTED TO INVEST IN OUR P COMMUNITY AND IT WAS OUR DREAM TO CREATE A BEAUTIFUL PARK FOR PEOPLE TO COME TOGETHER AND ENJOY A FRESH MEAL OUTDOORS. AS YOU COULD SEE FROM THE PREVIOUS MODELS, THIS WAS THOUGHTFUL BY DESIGNED TO BE FAMILY AND PET FRIENDLY. IT IS NOT A BAR AND IT HAS NO ASPECTS OF A BAR ATMOSPHERE. OVER THESE PAST THREE YEARS, WE'VE MORE THAN PROVEN OURSELVES AND DONE EVERYTHING THAT THE COUNTY HAS ASKED OF US. I'M INCREDIBLY PROUD OF WHAT WE BUILT TOGETHER AND THE OBSTACLES THAT WE HAVE OVERCOME. WE'RE HERE BECAUSE OUR GUESTS WOULD LIKE TO EBB JOY A COLD BEER WITH THEIR BURGER AND THAT'S A VITAL PART OF ANY RESTAURANT MODEL. NOT ONLY HAVE WE LOST ADULT BEVERAGE SALES BUT WE LOST DINNER SALES BECAUS GUESTED WANT TO DINE AT OTHER ESTABLISHMENTS THAT CAN OVER THIS BASIC DRINK SERVICE WHICH MEANS I CAN NOT FAIRLY COMPETE WITHIN MY OWN INDUSTRY. LET'S TALK ABOUT PRECEDENT. THIS PROPERTY HAS ALWAYS HAD BEER AND WINE. AT ONE POINT IT HAD A LIQUOR LICENSE. WE'RE NOT BRINGING ANYTHING NEW THAT'S NOT BEEN THERE BEFORE. THIS IS A COPY OF THE PREVIOUS LICENSE THAT THE PROPERTY HELD. AS JAMES WHITEHOUSE MENTIONED. WE HAVE HAD THIS PROPERTY ZONED COMMERCIAL. IT IS A VERY COMMERCIAL CORNER. THESE NEIGHBORHOODS KNOWINGLY BOUGHT THEIR HOMES IN THIS LOCATION AND THE ENTIRE A 1 A CORRIDOR AS SOON AS YOU PULL OUT OF MY PARKING LOT IS LINED WITH RESTAURANTS THAT OFFER FULL BAR SERVICE AND BACK UP DIRECTLY TO THE RESTAURANT AREA, EXAMPLE, THE BEACON GYPSY CAP. IT CANNOT BE ARGUED THAT THIS CONCEPT IS NOT COMPATIBLE WITH THIS AREA. WE'VE ALSO ALWAYS MET CODE AND CRITERIA FOR THIS LICENSE. AND AS JAMES REFERENCED WE HAD FULL APPROVAL FROM PLANNING AND ZONING. WE'RE HERE BECAUSE THIS EXACT SAME SMALL HANDFUL OF PEOPLE THAT ARE OPPOSED, AS YOU'LL HEAR LATER, APPEALED. AND THEY HAVE TRIED TO CREATE A VERY FEAR-BASED CAMPAIGN EVER SINCE WHICH HAS ALWAYS BEEN UNFOUNDED, UNPROVEN AND UNSUPPORTED BY ACTUAL EVIDENCE.

ALSO, THERE ARE OVER 1200 HOMES WITHIN THIS AREA, AND THOSE IN OPPOSE CERTAINLY DO NOT REPRESENT THE MAJORITY AND AS JAMES REFERENCED, MY LICENSE SHOULD BE DETERMINED ON THE CRITERIA MET WHICH IS MET, NOT ON OPINIONS. THAT WOULD BASICALLY BE LIKE IF YOU PASSED YOUR DRIVER'S TEST, YOU HAVE PROOF OF INSURANCE, YOU PASSED THE WRITTEN TEST, AND I TOLD YOU THAT YOU COULDN'T HAVE A DRIVERS LICENSE BECAUSE I WAS AFRAID YOU WOULD BE A BAD DRIVER. THAT WOULD BE INSANE. AND THAT'S BASICALLY WHAT I'M DEALING WITH FOR THIS APPEAL. THAT'S WHY WE HAVE CODE AND CRITERIA IN PLACE TO HAVE IT VERY CLEAR. WE DON'T GET TO CHERRY PICK WHO CAN DRIVE WHEN THEY PASS THEIR TESTS. AND JUST LIKE THIS LICENSE, I'M MORE THAN QUALIFIED, I SHOULD NOT BE DENIED BECAUSE OF A FEW NEIGHBOR HE IS FEARS AND ASSUMPTIONS. AS WE SAID BEFORE, TODAY YOU ARE VOTING FRESH, BASED ON THE EVIDENCE, REPORTS, DATA, AND FACTS PRESENTED. WHICH YOU WILL SEE WE HAVE AN OVERWHELMING ABUNDANCE TO ALSO PROVIDE CONTEXT, THIS IS THE LITTLE SERVICE WINDOW WHERE BEER AND

[00:45:02]

WINE WOULD BE SERVED. IT'S CURRENTLY OUR IT'S THE GOOD KARMA CAFE, IT'S A COFFEE SHOP AND WE WORK WITH A LOCAL COFFEE SUPPLIER WHICH I'M SURE THAT YOU KNOW. SOME, I THINK IT'S IMPORTANT, IF YOU WILL GO TO THE NEXT SLIDE, THAT YOU COULD SEE A FURTHER VIEW. THAT GIVES YOU CON TEXT FOR HOW SMALL OF AN AREA THAT WE'RE TALKING ABOUT. THIS IS NOT A BAR LAYOUT NOR IS IT A BAR DESIGN. IT IS SIMPLY A SMALL SERVICE WINDOW AND BEER AND WINE WOULD NOT BE SERVED OUT OF THE FOOD TRUCKS, THERE'S A MISCONCEPTION ABOUT THAT. HOWEVER, THE LAW WAS JUST CHANGED TO WHERE FOOD TRUCKS CAN LEGALLY APPLY FOR THEIR OWN COP, WHICH WE'RE NOT TRYING TO DO, WE WANT TO KEEP IT, SERVED SAFELY IN OUR MAIN BUILDING. FOR THOSE OF YOU WHO CARE, THIS IS THE INSIDE OF THE CUTE LITTLE CAFE. ALL RIGHT, LET'S TALK ABOUT PARKING, WILL BE BROUGHT UP. I THINK IT SHOULD BE NOTED, WE PUT TWO ADDITIONAL SPOTS OVER WHAT WAS REQUIRED. WE DID THAT ON OUR OWN AND WE ALSO HAVE A SHARED PARKING AGREEMENT WITH OUR NEIGHBORS AT SAFE. AND WE ALSO HAVE TWO VERY LARGE BIKE RACKS AS MANY OF OUR PATRONS BIKE OR WALK TO THE PARK. I WAS ASKED TO PROVIDE THESE PHOTOS FROM THE COVERED PATIO AND TO THE EDGE OF THE STREET. THESE ARE GOOGLE STATS, AND AS YOU COULD CLEARLY SEE, OUR GUESTS TYPICALLY ONLY SPEND 30 MINUTES AT THE PARK. WHICH ACTUALLY, CAPTAIN TIMBERS COULD ATTEST TO.

YOU COULD SEE WE'RE VERY SLOW FOR DINNER BECAUSE WE'RE NOT ABLE TO OFFER ADULT BEVERAGES. GUESTS, UNDERSTANDABLY WANT TO GO TO AN ESTABLISHMENT WHERE THEY COULD ENJOY A GLASS OF WINE WITH DINNER. THESE ARE THE PHOTOS WHICH WERE TIMESTAMPED AND TAKEN FOR OUR FIRST PRESENTATION T IF ANY PARKING PHOTOS ARE PRESENTED, THEY NEED TO HAVE A TIME STAMP, THEY CAN NOT BE CONSIDERED WITH A SHARPIE DATE WRITTEN ON THEM. WE MET IN THE MIDDLE AND WORKED WITH THE NEIGHBORS TO PUT "NO PARKING" SIGNS ON THEIR SIDE OF THE STREET AND WE WERE HAPPY TO DO THAT. LET'S GET INTO TRAFFIC AND SAFETY. WE SPENT OVER AN HOUR AND-A-HALF WITH SHERIFF'S HARDWICK. THEY CONDUCTED THURE ROW INVESTIGATIONS FOR TRAFFIC AND SAFETY AND WERE EASILY ABLE TO PULL MULTIPLE SOURCES OF DATA PROVING THERE'S NO TRAFFIC OR SAFETY ISSUE. IN ADDITION THERE'S NO STUDY IN EXISTENCE THAT SHOWS HAVING A BEER AND WINE LICENSE WOULD CREATE ISSUE OR INCREASE LENGTH OF STAY. THOSE REPORTS WILL BE PRESENTED BY THE SHERIFF'S DEPARTMENT. BUT, I DID WANT TO GO AHEAD AND PROVIDE -- OKAY. SO, WE ALSO HAD SHERIFF HARDWICK PULL 911 CALLS FOR THE PAST THREE YEARS. SO, IN THREE YEARS, THANK YOU.

THESE ARE THE ONLY PHONE CALLS THAT HAVE EVER BEEN CALLED TO THE PROPERTY AND YOU WILL NOTE MANY OF THEM WERE BUTT DIALS AND THE OTHER ONES WERE ACTUALLY US CALLING BECAUSE IN THREE DIFFERENT INSTANCES OUR FOOD TRUCKS WERE BROKEN INTO IN THE MIDDLE OF THE FIND. THERE WERE THREE CRASHES IN THE PAST THREE YEARS IN OUR AREA AND ONE CASE OF RECKLESS DRIVING. AND THESE ARE THE THREE INSTANCES WHERE THEY DID COME OUT TO FILE A REPORT AND TWO OF THEM ARE MINE IN REGARDS TO THE BREAK-IN OF OUR FOOD TRUCKS. THERE'S ALSO UNFOUNDED ASSUMPTIONS THAT OFFERING BEER AND WINE WOULD CREATE A PARTY ENVIRONMENT. IT IS CLEARLY A PARK, NOT A CLUB. FOR CONTEXT, THESE ARE SOME OF

[00:50:03]

OUR EVENTS, OUR FAMILY EVENTS THAT WE'VE HAD IN THE PAST, ALL DURING THE DAY. THESE ARE THE TYPES OF EVENTS I'M INTERESTED IN HOLDING AND HAVE CREATED. THIS IS OUR ANNUAL EASTER EGG HUNT. THOSE ARE OUR PUPPIES. SHE WAS NOT THRILL HAVING THE HAT ON HER HEAD. MYIA WAS DIRECTING PARKING. THIS IS OUR ANNUAL FALL FESTIVAL. AND CONCERTS HAVE BEEN BROUGHT UP, THE TWO CONCERTS THAT WE'VE HAD, WE HAVE HAD ONE ACOUSTIC GUITAR PLAYER AND A REGULAR UKULELE PLAYER COME TO THE PARK. WE DON'T PARTICULARLY NEED TO GO OVER THIS AS JAMES DID A THOROUGH JOB, BUT AS JAMES SAID BEFORE A SPECIAL USE PERMIT CANNOT BE DENIED WITHOUT SUBSTANTIAL, CONCRETE EVIDENCE.

SO, I JUST WANT TO MAKE SURE THAT THAT IS WHAT IS FOCUSED ON WHEN MAKING A DECISION ON THIS LICENSE. I DON'T FEEL THAT WE HAVE BEEN TREATED FAIRLY THROUGHOUT THIS PROCESS, FOR BOTH OF OUR DENIALS, WE WERE NOT EVEN GIVEN A REASON. AND CERTAINLY NO EVIDENCE. WE'RE JUST ASKING FOR THE SAME EQUAL OPPORTUNITY AS ANY OTHER BUSINESS. THE DINER DIDN'T MEET CODE DUE TO BEING TOO CLOSE TO A CHURCH BUT WERE GIVEN SPECIAL EXCEPTION AND A LICENSE. LOSS PET PETITES, THIS PETITION HAS 1,320 SIGNATURES. IF YOU WOULD LIKE BROKE MY PRINTER PRINTS THIS - OUT. THESE ARE ALL THE SIGNATURES THEY ARE AVAILABLE FOR PUBLIC RECORD. AND AS YOU FLIP THROUGH THEM, CITY AND ZIP CODE IS LISTED. 90% OF THESE ARE ST. AUGUSTINE LOCALS AND YOU COULD ALSO SEE THE COMMENTS FROM THE NEIGHBORS IN SUPPORT. I DIDN'T KNOW THAT THIS WOULD ADD UP TO OVER 50 PAGES OF SUPPORT FROM OUR COMMUNITY AND FROM THE NEIGHBORHOOD. AND TYLER, IF YOU WOULDN'T MIND HELPING ME WITH A CLIP. SOME OF OUR VIDEOS. WILL YOU PAUSE IT QUICKLY? MANY OF OUR CUSTOMERS GUESTS AND FRIENDS OBVIOUSLY HAVE TO WORK. IT'S VERY DIFFICULT TO ATTEND THESE MEETINGS, AND I'M SO MOVED AND HONORED BY HOW MANY PEOPLE CAME IN SUPPORT FOR US TODAY.

HOWEVER, THE PEOPLE WHO COULD NOT BE HERE STRONGLY WANTED TO BE ABLE TO VOICE THEIR SUPPORT. SO, TYLER IF YOU WOULD SHOW THAT

NOW, I WOULD APPRECIATE IT. >> MY NAME IS RANDY CHICAGOLES, AND BORN AND RAISED IN ST. AUGUSTINE FLORIDA AND I'M HERE TO SUPPORT THE VILLAGE GARDEN. I BELIEVE THEY SHOULD HAVE THEIR BEER AND WINE LICENSE. WE'RE HERE TO SUPPORT THEM AND I

BELIEVE IT SHOULD BE PASSED. >> HELLO, MY NAME IS JOE, AND I'M A RESIDENT OF ST. AUGUSTINE AND I'M IN FAVOR OF THE VILLAGE GARDEN GETTING THEIR WINE AND BEER LICENSE.

>> HI, I'M IN FAVOR OF VILLAGE GARDEN.

>> I'M IN FAVOR OF THE BEER AND WINE LICENSE FOR THE VILLAGE GARDEN. I'M HERE AT THE VILLAGE GARDEN AND I 1 HUNDRED% APPROVE AND AGREE WITH THEM GETTING A BEER AND WINE LICENSE HERE.

>> I'M MELISSA AND I'M A NEIGHBOR TO THE VILLAGE GARDEN FOOD PARK. AND I'M IN SUPPORT OF THE BEER AND WINE LICENSE.

>> HI, I'M JAMES AND I'M HERE AT THE VILLAGE GARDEN IN APPROVAL FOR THE BEER AND WINE LICENSE.

>> HI, I'M CJ, AND I'M KRISTIE. AND WE'RE IN FAVOR OF SELLING BEER AND WINE VERY VILLAGE GARDEN.

>> I'M TOTALLY IN FAVOR OF THE VILLAGE HAVING BEER AND WINE AND

I'M A LOCAL OF ST. AUGUSTINE. >> I'M BRENT GUARDER, AND I'M A LOCAL IN FAVOR OF BEER AND WINE IN THE VILLAGE GARDEN GET.

[00:55:01]

>> HI, I'M A LOCAL HERE AND I SUPPORT THE VILLAGE GARDEN AND

HAVING BEER AND WINE. >> HI, I'M TIFFANY, AND I'M A LOCAL OF ST. AUGUSTINE, AND I SUPPORT THE VILLAGE GARDEN

HAVING BEER AND WINE. >> HI, I THINK VILLAGE GARDEN IS SO AWESOME AND DEFINITELY WOULD BE GREAT TO SIT BACK AND HAVE A GLASS OF WINE OR A BEER WHILE HERE.

>> I'M HERE AT THE VILLAGE GARDEN AND I'M IN FAVOR OF BEER

AND WINE. >> I'M VERY MUCH IN FAVOR OF THE VILLAGE GETTING A BEER AND WINE LICENSE. IT WOULD BE GREAT

TO HAVE A BEER WITH MY BARBECUE. >> HI, I SUPPORT THE VILLAGE GARDEN GETTING IT'S BEER LICENSE.

>> HI, I'M DAN VISITING FROM CANADA, SHOCKED THERE'S NO BEER AND WINE LICENSE IN THIS LOVELY FACILITY. I HOPE WE COULD HELP

THE BUSINESS OWNERS GET IT. >> HEY, GUYS, I LOVE THE VILLAGE GARDEN AND EVERYTHING THAT THEY BRING TO THE COMMUNITY, I JUST REALLY HOPE THAT YOU GUYS WOULD GIVE THEM THEIR BEER AND WINE SO THIS COULD BE A FUN FESTIVE PLACE WHERE FAMILIES CAN COME AND HAVE A GREAT TIME AND ENJOY A GOOD

MEAL AND HAVE A BEER OR WINE. >> I'M A LOCAL OF ST. AUGUSTINE BEACH AND I LOVE THE VILLAGE GARDEN PARK AND I FULLY SUPPORT THEM HAVING A BEER AND WINE LICENSE.

>> WE'RE IN FAVOR OF HAVE HAVING BEER AND WINE IN THE VILLAGE GARDEN. IN ST. AUGUSTINE.

>> I'M BO AND I'M VISITING THE FOOD TRUCKS, OUT HERE, IT WOULD BE NICE TO HAVE BEER AND WINE AS WELL. IF THERE WERE AVAILABLE

THAT WOULD BE GREAT. >> I'M BERNIE AND I LIVE IN ST.

AUGUSTINE AND I'M IN FAVOR OF THE VILLAGE GARDEN HAVING THEIR

BEER AND WINE LICENSE. >> HI, I'M CAR LA AND I'M IN SUPPORT OF THE VILLAGE GARDEN GET AGO BEER AND WINE LICENSE.

>> HI, MY NAME IS THOM AND I LIVE HERE IN THE MENENDEZ PARK NEIGHBORHOOD AND I SUPPORT THE VILLAGE GARDEN GETTING THEIR

BEER AND WINE LICENSE. >> HI, I'M SARAH, AND I SUPPORT THE FOOD TRUCK GARDEN GETTING THEIR BEER LIST.

>> HI, MY NAME IS LINDSEY, AND I LIVE ON ST. AUGUSTINE BEACH WE LOVE COMING TO THE VILLAGE GARDEN FOOD TRUCK PARK, IT'S A BEAUTIFUL FAMILY FRIENDLY PLACE. WE'RE ALSO IN SUPPORT OF THE BEER AND WINE LICENSE. PLEASE TAKE IT INTO CONSIDERATION.

THANK YOU. >> I'M AJ, AND I'M A LOCAL IN MEN MENDES PARK, I SUPPORT THE VILLAGE GARDEN HAVING A BEER AND

WINE LICENSE. THANK YOU. >>

>> WE MEET ALL THE CODE CRITERIA, WE HAVE PRECEDENT. WE HAVE EXTRA PARKING WHICH IS SAFE. BEER AND WINE WILL SAFELY BE SERVED OUT OF OUR MAIN BUILDING AND CAFE AND WE HAVE MORE THAN PROVEN OURSELVES THESE PAST THREE YEARS AND FILLED A STELLAR AND HONORABLE REPUTATION SINCE STARTING OUR FIRST BUSINESS OVER A DECADE AGO. SMALL BUSINESSES NEED YOUR HELP NOW MORE THAN EVER BECAUSE OF COVID AND WE'VE GONE ABOVE AND BEYOND TO COLLECT EVERY POSSIBLE ASPECT OF THIS LICENSE. WE DESERVE TO HAVE A FAIR CHANCE TO TRY AND SUCCEED. THANK YOU FOR

YOUR TIME. >> (APPLAUSE). JUST REALLY QUICKLY, MR. CHAIR, I WANTED TO LET YOU KNOW THAT AS CONGRESSMENLY MECHANICSED WE DID SPEAK WITH SHESHERIFF HARDWICK ABOUT THIS MATTER AND HE SENT HIS

>> AT THIS TIME, THE BOARD WILL HEAR PUBLIC COMMENT AND ANYONE THAT WOULD LIKE TO WEIGH IN AND PROVIDE PUBLIC COMMENT, YOU HAVE THREE MINUTES, PUBLIC COMMENT. EVERYONE PLEASE STAND UP AND START MOVING TO THE PODIUMS, I'M GOING TO ASK DURING THE PUBLIC COMMENT FOR NO DISRUPTIVE CLAPPING IF YOU HAVE PUBLIC COMMENT STAND UP AND LINE UP AT THE PODIUM. NAME AND ADDRESS?

>> HELLO. MY ADDRESS IS 256 AND-A-HALF. I'M TYRONE BENNETT.

[01:00:01]

GOOD AFTERNOON. NICE TO SEE YOU AGAIN. AND ALL THE OTHER COMMISSIONERS. I'M HERE AS A PERSON OF THE COMMUNITY. AND I ALSO RECENTLY STARTED A BUSINESS. THEIR LAWYER DID A VERY GOOD JOB. TO ME, I SPOKE WITH THEM AND THEY WOULD BEEN DENIED PREVIOUSLY. AND I'M THINKING ON ST. JOHNS COUNTY WE'RE AFRAID TO DO THINGS BECAUSE OF THE REPERCUSSIONS AND BACK-LASH. WE HAVE TO BE COURAGEOUS. WE'RE IN A WHOLE DIFFERENT TYPE OF SITUATION IN OUR LIVES. TOMORROW'S NOT PROMISED. SO, WE NEED TO GIVE THESE PEOPLE THE OPPORTUNITY TO GET THEIR BEER AND WINE LICENSE. THEY HAVE CLEARLY LAID OUT A PLAN A LAWFUL PLAN THEIR LAWYER DID A VERY GOOD JOB EXPLAINING THE LAW. WE MUST LOOK AT IT FROM PERSPECTIVE, NOT FROM THE CULTURE OF WELL, THIS IS A SMALL TOWN, WE DON'T WANT TO GET IT TOO BIG, BUT AS WE LOOK AROUND, BUILDINGS ARE BEING BUILT LEFT AND RIGHT. AND WE HAVE TO USE THAT WORD PRECEDENT AND I WAS THINKING ABOUT THAT LAST NIGHT. I THINKING ABOUT THIS, I THINK PEOPLE THINK THEY'RE GOING TO SET A PRECEDENT SO THAT NEXT YEAR OR YEARS DOWN THE LINE PEOPLE WILL COME IN AND SAY, WELL, KELLY AND BRENDAN SCHNECK DID IT, WHY CAN'T WE DO IT.

THEY HAVE CLEARLY PLED THEIR CASE AND SHOWN THE FACTS AND IT SHOULD NOT BE DENIED. AS I WAS STANDING THERE THINKING ABOUT THIS AND THINKING ABOUT THE PLEDGE OF ALLEGIANCE. AT THE END WE SAY JUSTICE FOR ALL. RIGHT? WE DO SAY THAT, RIGHT? SO, IT SHOULD NOT BE JUSTICE FOR SOME, JUSTICE FOR PEOPLE THAT KNOW PEOPLE IN THE COUNTY COMMISSIONERS, JUSTICE FOR PEOPLE THAT KNOW THIS OR THAT PERSON. JUSTICE FOR SOMEBODY AFRAID OF BACKLASH FOR ELECTIONS COMING UP IN 2022, IT SAYS "ALL" AND WE MUST REMEMBER THAT BRENDAN SCHNECK AND KELLY IS ALL. AND WE MUST GRANT THEM THEIR PERMISSION. I'M TIRED OF HAIRING THE NONSENSE THAT THEY'RE NOT DOING WHAT THEY'RE SUPPOSED TO DO. THEY CLEARLY GAVE A CLEAR EXPLANATION OF WHY THIS NEEDS TO BE LEGAL. I SUPPORT THEM. AND I GRANT THEM, I SUPPORT THEM TODAY ON THIS GRANTING OF THEIR PERMIT. THANK

YOU. >> THANK YOU, SIR.

>> YES, SIR, NEXT? >> RIGHT HERE.

>> AGAIN, LET ME JUST REMIND THE AUDIENCE, NO CLAPPING OR

DISRUPTIVE. YES, SIR? >> GOOD MORNING, MY NAME IS DAVID PAINKIN, I'M CHAIRMAN OF MENENDEZ PARK ASSOCIATION AND I'M SPEAKING ON BEHALF OF THE ASSOCIATION TO OPPOSE GRANTING THE SPECIAL USE PERMIT TO VILLAGE GARDEN FOOD TRUCK PARK.

THE VILLAGE GARDEN INITIAL APPLICATION TO OPERATE A FOOD TRUCK PARK DID NOT INCLUDE SERVING BEER AND WINE AND ON THIS BASIS MANY OF OUR NEIGHBORS WERE FULLY SUPPORTIVE. IN FACT, WE'RE SUPPORTIVE OF SMALL BUSINESSES AND DID NOT OPPOSE THEIR BUSINESS MODEL AS ORIGINALLY PRESENTED. IF WE HAD KNOWN FROM THE BEGINNING THAT BEER AND WINE SALES FROM INTEGRAL TO THEIR BUSINESS MODEL. AND IN COME PATIBILITY BEER AND WINE SALES. IN HIS LETTER OF DECEMBER 2019 TO THE PZA TO DENY THE SPECIAL USE PERMIT, QUOTE IT IS MY OPINION THAT OUR BOARD OF COUNTY COMMISSIONERS WERE CORRECT IN APRIL OF 2018 WHEN THIS ISSUE CAME BEFORE THEM AND THEY DENIED THE SPECIAL USE PERMIT FOR ALCOHOL SALES. AS THE SHERIFF TOLD US, HE WILL NOT TAKE A POSITION ON THIS ISSUE. IT SEEMS THAT SHERIFF SHORE'S DECISION TO DENY REMAINS RELEVANT. WE BELIEVE VILLAGE GARDEN FOOD TRUCK PARK IS NOT A RESTAURANT AS DEFINED BY THE LAND USE CODE WHERE BEER AND WINE IS SERVED WITH A CONFINED SPACE WITH CONTROLS IN PLACE TO HELP ENSURE RESPONSIBLE ALCOHOL USE. WE'RE CONCERNED THAT BEER AT THIS LOCATION AT ANY SPECIAL EVENTS WOULD EXACERBATE EXISTING PROBLEMS RELATED TO PARKING AND PUBLIC SAFETY AND INTERFERE WITH THE QUIET ENJOYMENT OF OUR NEIGHBORHOOD. WE ARE IMPRESSED

[01:05:04]

BY VILLAGE GARDEN'S USE OF SOCIAL MEDIA TO GARNER SUPPORT, BUT MOST ALL WHO HAVE ENDORSED THEIR EFFORT DO NOT LIVE IN THE MENENDEZ PARK OR SAN JOSE FOREST NEIGHBORHOODS. THIS IS THE FIFTH HEARING ABOUT THIS MATTER BY BOTH THE BOARD OF COUNTY COMMISSIONERS AND THE PZA. THE BOARD OF COUNTY COMMISSIONERS CITED THE FOLLOWING REASON FROM UP HOLDING THE DENIAL OF THE SPECIAL USE PERMIT. ONE THE REQUEST IS NOT IN COMPLIANCE WITH PART 12 OF THE LAND DEVELOPMENT CODE DEFINING SPECIAL USE. TWO, THE REQUEST IS CONTRARY TO THE PUBLIC INTEREST AND IS IN CONFLICT WITH SURROUNDING DEVELOPMENT. TO MY KNOWLEDGE, NOTHING HAS CHANGED REGARDING THIS DENIAL. IN ACCORDANCE WITH 12 OF THE ST. JOHNS COUNTY LAND USE GRANTING A SPECIAL USE PERMIT WILL NOT PROMOTE THE PUBLIC HEALTH, SAFETY, COMFORT OR THE GENERAL W

WELFARE OF OUR NEIGHBORHOOD. >> YES, SIR. NAME AND ADDRESS?

>> SIR, NAME AND ADDRESS. >> GOOD MORNING, I'M (INDISCERNIBLE) 415, ANASTASIA BOULEVARD, I'M THE CHEF AND OWNER OF LAVA RESTAURANT. I'M HONORED TO BE HERE TO SUPPORT A CAUSE OF HARD WORKING PERSEVERANCE. WHEN I MOVED TO ST. AUGUSTINE IN 2010, I SAW A TOWN WITH A LOT TO OFFER, BUT AT THE SAME TIME WITH SO MUCH MORE POTENTIAL WHEN IT COMES TO OUR BELOVED RESTAURANT AND HOSPITALITY INDUSTRY. FOR THE FIRST SIX YEARS IN TOWN, I WORKED VERY HARD FOR A DREAM A DREAM AND A GOAL THAT I HAD WHEN I WAS 16 YEARS-OLD. WHEN I CHALLENGED MYSELF TO HAVE MY VERY OWN RESTAURANT BY THE TIME I WAS 27. I AM FORTUNATE TO BE IN SUCH A LOVING AND SUPPORTIVE COMMUNITY THAT WAS EAGER TO SEE WHAT'S NEXT. AS A PROVING RESTAURANT I WAS SHOCKED ON THE AMOUNT OF WINE AND MIMOSAS THAT WE WERE ABLE TO PROVIDE TO OUR DINERS. OUR WINE AND BEER LICENSE WAS WHAT ACTUALLY HELPED US TO STAY AFLOAT AND COME BACK TO THE SURFACE WHERE WE WERE FLOODED BY HURRICANE MATTHEW AND IRMA. I PERSONAL KNOW KNOW, BRENDAN SCHNECK AND KELLY.

CONTINUE GROWING WITH THEIR HARD WORK AND PERSEVERANCE ST.

AUGUSTINE FOOD SCENE CONTINUES TO GROW. I WAS RECENTLY HONORED TO FIND OUT OUR RESTAURANT WAS IN THE TOP 100 RESTAURANTS IN THE NATION BY THE BIGGEST RESERVATION PLATFORM IN THE U.S., OPEN TABLE. I BELIEVE IN THE VILLAGE GARDEN AND I BELIEVE THIS CAN ACCELERATE TO THE NEXT LEVEL AND I BELIEVE ST.

AUGUSTINE SUPPORTS THIS AS WELL. THIS WILL HELP US BECOME A

BETTER AND STRONGER INDUSTRY. >> THANK YOU, SIR. AND AGAIN, AS YOU COME UP AND YOU HAVE MATERIALS THAT YOU WOULD LIKE TO PRESENT, PLEASE HAND THEM TO THE COUNTY ATTORNEY.

>> YES, SIR, NAME AND ADDRESS. >> GOOD MORNING, I'M PAUL DICKS ON I'M AT 1824 OLD BEACH ROAD AND I OWN A COMMERCIAL PROPERTY RIGHT NEXT DOOR TO THE VILLAGE GARDEN. MY WIFE AND I ARE UNIQUELY QUALIFIED TO DESCRIBE OUR EXPERIENCE AND PATTERNS THAT WE OBSERVE AT THE VILLAGE GARDEN. THE PROPERTY WHERE THE VILLAGE GARDEN IS LOCATED IS NOT LIKE ANY OTHER COMMERCIAL IN THE AREA. AS THE CROW FLIES, THIS MAY LOOK LIKE A HEAVILY COMMERCIAL AREA, BUT FUNCTIONALLY THE VILLAGE GARDEN IS PART OF THE MENENDEZ PARK NEIGHBORHOOD IN A WAY THAT OTHERS ARE NOT. WE'RE SEPARATED FROM AMICHE'S, THE MCDONALD'S AND THE FRENCH BAKERY BY DOUBLE LANED HIGHWAYS. THE VILLAGE GARDEN OCCUPIES LESS THAN 2 ACRES. I WANT TO SHOW YOU THE HAZARDARDS AND VIOLATIONS THAT OCCUR AS A RESULT OF THIS RESTAURANT. WHEN THE TRAFFIC REPORT DOESN'T SHOW IS THE PARKING. THIS IS WHAT I SEE ON A REGULAR BASIS. I'VE TAKEN MANY OF THESE PICTURES AND I HAVE MANY MORE AVAILABLE.

>> SIR, CAN YOU ADJUST THOSE PICTURES?

>> YES, SIR. I'M SORRY. >> I HAVE MANY MORE WHICH ARE ON FILE TO SHARE. ANYONE WHO TRAVELS ALONG OLD BEACH ROAD ALONG THIS TEXT OVER THE LUNCH HOURS ON A NICE DAY WILL SEE THE PARKING LIKE THIS. I WOULD ALSO LIKE TO SAY THAT THE SPEED LIMIT

[01:10:15]

IS 45 MILES PER HOUR. THE LAST ACCIDENT WAS TWO WEEKS AGO, FEBRUARY THE 15TH, IN THE EARLY AFTERNOON. THIS MEANS THAT ACCIDENTS AT THIS INTERSECTION, WHENEVER THEY OCCUR ARE NOT RARE. THEY CAN BE EXPECTED TO HAPPEN. IN CLOSING I WANT TO REITERATE MY OBJECTIONS HERE ARE ABOUT PUBLIC SAFETY. OUR ONLY NEGATIVE COMMENTS ABOUT THIS VENUE RELATE TO IT'S IMPACT ON SAFETY AND COMPATIBILITY. THEY ONLY HAVE 15 SPACES AND THEY'VE OVERGROWN THAT CAPACITY AND MY EXPERIENCE HAS BEEN THEY'RE NOT MANAGING THE KNOWN PARKING PROBLEMS AS YOU'VE SEEN HERE TODAY ALREADY. THANK YOU FOR YOUR TIME AND CONSIDERATION.

>> I'M HERE TO SAY, I THINK KELLY AND BRENDAN SCHNECK AND THEIR LAWYER HAVE DONE A GREAT JOB ON WHY THEY DESERVE THE LICENSE. I WANT TO TALK ABOUT WHY WE THE CITIZENS OF ST.

AUGUSTINE CAN HE DESERVE THIS PLACE. I'VE SEEN THE CHARM BE CHIPPED AWAY BY CORPORATE INTEREST, BY THE VOICES OF A LOUD FEW AND IT IS MAKING IT LESS OF THE PLACE THAT I MOVED TO AND CALL HOME. KELLY AND BRENDAN SCHNECK CONSTRUCTED SOMETHING FOR US, NOT FOR THE TOURISTS OR BIG CORPORATIONS BUT FOR THE FAMILIES OF ST. AUGUSTINE TO COME AND HAVE A COMMUNITY EXPERIENCE, TO HAVE A NICE FAMILY TIME. I'M A FATHER OF TWO, WE EAT HERE TWICE A WEEK AT LEAST T I DON'T DRINK A DROP, HAVEN'T IN 7 YEARS, I'M NOT FIGHTING FOR THE RIGHT TO HAVE A DRINK WHILE EATING BARBECUE, BUT I'M FIGHTING FOR THE RIGHT FOR THIS BUSINESS TO BE ABLE TO SURVIVE. LIKE ANY OTHER SMALL BUSINESS IN TOWN, I THINK WE ALL HAVE A RESPONSIBILITY TO STAND UP HERE AND SUPPORT THIS. OR ELSE, WE'RE GOING TO BLINK OUR EYES AND THIS WILL BE ANOTHER COMMERCIAL BEACH DOWN WITH NO CHARM WHATSOEVER. SO, I ASK YOU TO LISTEN TO THE VOICE OF MANY, NOT THE VOICES OF THE LOUD, SMALL FEW. THANK YOU.

>> THANK YOU SIR. YES, MA'AM. NAME AND ADDRESS.

> SAYS BACON.

>> I'M FRANCIS BACON. I LIVE ACROSS FROM THIS PROPERTY. I LOVED THERE SINCE JANUARY OF 1985, SO, I KNOW, THE HISTORY OF ALCOHOL ON THAT PROPERTY. AND WHEN MR. SHNECK SHOWED THAT, YOU CAN'T USE THAT, BECAUSE THERE'S NO ALCOHOL BEING SOLD, BUT IF YOU WENT BACK TO THE '90S AND LOOK AT THE MESS FROM ALCOHOL ON THAT PROPERTY. NIGHT AND DAY. TWO PEOPLE HAVE BEEN KILLED THERE. THERE'S BEEN SO MANY HORRIBLE ACCIDENTS. ONCE THE BEER AND WINE ONCE THAT BUSINESS WAS CLOSED, EVERYTHING WENT BACK SMOOTH. YOU DO NOT HAVE ENOUGH PARKING, IF YOU DID, WHY AM I GETTING YOUR CUSTOMER IT IS PARKING ON MY WHEELCHAIR RAMP, NEXT TO MY MAILBOX, ACROSS THE STREET WHERE THE SIGN SAYS RESIDENTIAL NEIGHBORHOOD. IF WE HAD TO GET AN EMERGENCY VEHICLE DOWN THAT ROAD, THEY WOULD NEVER BE ABLE TO. NEVER. BECAUSE YOU SHOULD NOT BE PARKING THERE. THAT'S NOT YOUR PARKING SPACES.

YOU SAID YOU HAVE YOU WOULD HAVE A BAR, AND ANYONE CAN COME OFF THE STREET AND BUY BEER AND WINE AND YOU DON'T HAVE TO BUY FOOD, THAT'S A BAR AND I KNOW THAT IF THIS IS GRANTED, IT WILL BLOOM, THEY WILL MAKE A SPORT'S BAR INSIDE THAT BUILDING, I JUST SEE ALL OF IT. AND I BEG YOU ALL TO PLEASE PUT YOUR VISION CAPS ON AND REALIZE WHAT YOU WILL BE PUTTING US INTO. THEIR BUSINESS IS LESS THAN 100 FEET FROM MY BEDROOM, FROM MY SANCTION

[01:15:11]

SANCTUARY. THIS IS RIDICULOUS. I'M DONE.

>> SIR, GO AHEAD. >> I'M BRENT RADISH AND I MOVED TO ST. AUGUSTINE OVER A YEAR AGO BUT I'M A 7TH GENERATION OF START FLORIDA. WE GREW UP COMING TO OUR FAMILY COME BOWS, AND WE WOULD RIDE DOWN AND PLAY THE PIN BALANCE GAMES AND THEY WOULD DRINK BEER AND WE NEVER EFFECTED THE NEIGHBORS, THIS ACTUALLY SOUNDS A LOT LIKE MY GRAND MOTHER GROWING UP WHEN THE POTTER BOYS WOULD DRIVE BY WITH LOUD FLOW MASTERS. I DON'T THINK THE NEIGHBORS WANT THEM TO SUCCEED. I WENT INTO THE HOSPITALITY PROGRAM IN COLLEGE AND MY FATHER SAID I WAS CRAZY BECAUSE 95% OF RESTAURANTS FAIL. AND THE ONLY REASON THEY DO SUCCEED IS BECAUSE OF BEER AND WINE. MOST OF THEM FOR LIQUOR.

AND, UM, BRENDAN AND KELLY ARE LOCALS, THEY WENT TO FLAGGER COLLEGE LIKE MY SISTER. MY SISTER COULDN'T FIND A JOB IN ST. AUGUSTINE, SO SHE ROLLED UP TO JACKSONVILLE WHERE SHE WORKS, THERE'S NOT A LOT TO DO HERE FOR YOUNG PROFESSIONALS AND THEY'RE TRYING TO ENCOURAGE THEIR FELLOW COLLEAGUES TO START BUSINESSES IN THIS TOWN. I'M ALL FOR IT AND I DON'T THINK IT'S GOING TO CAUSE A PROBLEM. THE PARKING IS GOING TO BE AN ISSUE FOR THE NEIGHBORS, I WISH I HAD RECEIPTS TO SEE HOW MANY TIMES THEY'VE EATEN THERE. I DON'T THINK THEY WANT THEM TO SUCCEED. IF YOU

HAVE RECEIPTS, PULL THEM UP. >> THANK YOU, SIR. YES, SIR.

WHOEVER IS NEXT, COME UP. (INDISCERNIBLE)

>> I HAVE BEEN AN EMPLOYEE AT THE PARK AND I OVERSEE A LOT OF OPERATIONS. I WOULD LIKE TO TOUCH ON FOOD COSTS, THEY HAVE BEEN INSANE, JUST FOR EXAMPLE, BRISKET FOR A SINGLE BRISKET IS OVER $100 A PIECE. AND THEY USED TO BE IN THE 40-$50 RANGE.

AND THIS WOULD REALLY REALLY HELP TO MITIGATE THAT FOOD COST.

AND I'VE BEEN IN THE INDUSTRY FOR 20 YEARS AND I'VE NEVER WORKED AT A PLACE LIKE THIS, THIS IS A VERY SPECIAL PLACE.

THE PEOPLE THAT IT BRINGS IN, I HAVE NEVER HAD TO KICK ANYBODY OUT OR HAD A PROBLEM WITH ANYBODY THERE. WHEREAS OTHER PLACES, EVEN WITHOUT BEER AND WINE, IT'S JUST THE VIBE AT THIS PLACE IS MUCH DIFFERENT, IT'S A VERY SPECIAL SPOT. FREQUENTLY, I BRING ALL THREE OF MY CHILDREN WHILE I WORK 4 YEARS-OLD, 6 YEARS-OLD, AND 8 YEARS-OLD. AND THEY HANG OUT WHILE I WORK MY TRUCKS AND IT'S A VERY PEACEFUL SPACE. WE HAVE NO INTENTION OF OPENING A SPORT'S BAR. WE'RE NOT A MASSIVE PARTY SPOT, IT'S FALSE. I'M THERE DAY-TO-DAY. AND NONE OF THESE ISSUES HAVE BEEN BROUGHT FORTH BESIDE THE PARKING AND WE JUMP OUT AND LET PEOPLE KNOW TO MOVE AND WE'VE BEEN VERY VERY ADAMANT ABOUT WATCHING THE PARKING MUCH MORE PROBABLY FOR THE PAST FOUR MONTHS. AND JUST GETTING IN ALL THE EMPLOYEE'S BRAIN'S THAT'SEN ISSUE THAT NEEDS TO BE ADDRESSED. I'VE MOVED JUST TWO DAYS AGO, I MOVED A BUNCH OF PEOPLE OVER TO OUR ALTERNATE PARKING AND THAT'S BEEN A MAIN FOCUS OF ME AND MY ASSISTANT MANAGER. YEAH. THAT'S ALL I HAVE. THANK YOU.

>> THANK YOU, SIR. MA'AM, COME ON UP.

>> THANK YOU. SARAH, 10914TH STREET. I'M HERE TO SAY THAT I REALLY WISH THAT THEY WOULD GET THEIR BEER AND WINE LICENSE.

THEY'RE JUST TRYING TO COMPETE. THE SAME BUSINESS AS SO MANY OTHER PARTS ON THE STREET. THEY WANT TO BE ABLE TO HAVE PEOPLE THERE FOR DINNER AND OFFER THE SAME THINGS THESE BUSINESSES HAVE BEEN APPROVED EVEN AFTER THE FACT THAT THEY ALIED EARS AGO. WE LIVE BEHIND TWO VERY BUSY BUSINESS IN THE STREET. AT

[01:20:01]

THE SAME TIME, THESE BUSINESSES EMPLOY HOW MANY PEOPLE IN OUR COMMUNITY AND BRINGING IN HOW MUCH REVENUE AND AT THE END OF THE DAY, I'M PROUD AND HAPPY FOR THEM IN THIS DIFFICULT ECONOMY TO BE ABLE TO BRING IN WHAT THEY ARE BRINGING TO OUR COMMUNITY.

SO, I'M HOPING THEY WILL JUST BE GIVEN THE SAME FAIR OPPORTUNITY THAT THESE OTHER BUSINESSES HAVE BEEN GIVEN. THANK YOU.

>> THANK YOU, MA'AM. >> OKAY. SIR, LET ME ASK YOU COME HERE, SIR, BEHIND YOU. HERE. COME UP. NAME AND

ADDRESS. >> MY NAME IS FRED SCHMIDT AND I LIVE AT 1835 A ASTRIA AND I'VE BEEN AN OWNER AND RESIDENT OF THAT NEIGHBORHOOD SINCE FOR ABOUT 37 YEARS. I THINK THIS IS ONE OF THE BEST THINGS THAT'S EVER HAPPENED ON THAT CORNER. I SUPPORT IT, I THINK THESE PEOPLE HAVE A RIGHT TO MAKE A LIVING AND I THINK THAT ANYTHING THAT INCREASES OUR ECONOMIC VIABILITY IS AN ASSET TO THE NEIGHBORHOOD. IT'S REALLY NICE FOR ME TO BE ABLE TO WALK DOWN WHEN I HAVE GUESTS, IT'S A NICE, CONVENIENT PLACE TO GO TO AND HAVE GOOD FOOD, I THINK THEY'RE GOOD

NEIGHBORS. THANK YOU. >> THANK YOU.

>> YES, SIR. >> I'M BOB AND I LIVE AT 1600 SANTA MARIE COURT IN THE MENENDEZ PARK AREA. AND I'VE LIVED THERE FOR OVER 30 YEARS, MY CHILDREN WERE RAISED IN THE NEIGHBORHOOD. ONE OF THEM JUST CHOSEN TO MOVE BACK INTO THE NEIGHBORHOOD. ALONG WITH MY BROTHERS, I'VE BEEN IN THE RESTAURANT BUSINESS OWNER, AT ONE TIME, OWNING FIVE LOCATIONS IN ST. AUGUSTINE ALL WITH BEER AND WINE LICENSES. I UNDERSTAND. I HAVE A NUMBER OF COMMENTS OPPOSING THE BEER AND WINE LICENSE HERE. NOT SATISFIED WITH THE ANSWERS OF PREVIOUS BOARDS, THIS GROUP'S DISCORD IF SOMETHING IS TRULY ON THE UP AND UP, IT SHOULD BE OBVIOUS. THE SAME DISCUSSION COMES UP QUITE OFTEN, IT SEEMS, ALL DENIED. THIS TIME, THOUGH, I WAS SERIOUSLY DISMAYED TO SEE THE WHOLE AFFAIR TAKING TO SOCIAL MEDIA OUTLETS AS IF WE WERE TALKING ABOUT A POPULARITY CONTEST. REALLY? CLICK HERE, SHOW YOUR SUPPORT? IS THIS REALLY APPROPRIATE. THIS NEW TAG HIT A SOUR NOTE WITH ME.

THIS IS NOT A MATTER OF POPULARITY CLICKS. IT'S A MATTER OF THE HEAD, THOUGH. THE SECOND, THE VILLAGE GARDEN ARRIVED WITHOUT A BEER AND WINE LICENSE TO SET UP A BUSINESS AT THIS LOCATION, THEY CHANGED THEIR PLAN WHICH THEY SEEM TO DO A LOT. THIS TIME IT'S ALCOHOL. HOWEVER, THE NEIGHBORHOOD THEY ENTERED DID NOT CHANGE IT'S PLAN. THE APPLICATION FOR AN ALCOHOL LICENSE WAS TURNED DOWN BEFORE AND FOR GOOD REASONS.

WHICH HAVE NOT CHANGED. THIS IS NOT THE SAME AS THE RESTAURANT IN THE A1A CORRIDOR. THE VILLAGE GARDEN IS NOT A RESTAURANT. THE VILLAGE GARDEN IS A LANDLORD. HAVING A LICENSE FOR ALCOHOL MEANS CHANGES IN BUSINESS PRACTICES, NOT COMPATIBLE WITH THE NEIGHBORHOOD IT IS IN. IT NEEDS A LICENSE FOR ALCOHOL AND THIS PRODUCT NEEDS EXTENDED HOURS, IT NEEDS SOMETHING TO KEEP PEOPLE THERE AND DRINKING FOR PROFIT. WE ALSO HAVE THE SAME ISSUE OF DELIVERY TRUCKS ON OLD BEACH ROAD, A RESIDENTIAL STREET. I'VE HEARD THE GARDEN CUSTOMER ARE ARRIVING WITH COOLERS FILLED WITH ALCOHOL AND THAT THE REVENUE SHOULD BE IN THE VILLAGE GARDEN PURSE. IS THIS HOW MUCH ALCOHOL IS ACTUALLY CONSUMED? WHAT IS THE REASON THAT WE HAVE NO ALCOHOL CONSUMPTION ON OUR COUNTY BEACHES? SOME BOARD KNEW SOMETHING. IN ADDITION, YES, TRAFFIC AND PARKING IN THAT LOCATION IS NOW A PROBLEM. THANK YOU.

>> THANK YOU, SIR, AND NEXT, WHOEVER IS BEHIND, PLEASE LINE

UP. NAME AND ADDRESS. >> PETE MELFIE. ST. JOHNS COUNTY. I WOULD LIKE TO POINT OUT FIRST OF ALL, THAT EVERYTHING'S DONE ON SOCIAL MEDIA, I DON'T THINK FOMENTING NO RESPONSE IS A GREAT ARGUMENT. ALL PETITIONS ARE DONE ON SOCIAL MEDIA NOW. I DO WANT TO SPEAK TO THE FAMILY-FRIENDLINESS OF THIS PARK. IN 2019, AS YOU GUYS KNOW, I DO A LOT OF CHARITIABLE WORK. IN 2019, WE NEEDED A PLACE TO HOLD A FUNDRAISER FOR A 5-YEAR-OLD BOY SUFFERING FROM AN AGGRESSIVE AND POSSIBLY TERMINAL

[01:25:06]

CANCER. WHEN I PUT THE WORD OUT, THE FOLKS AT THE VILLAGE GARDEN IMMEDIATELY STEPPED UP AND SAID, WE WOULD LIKE TO HELP YOU AND HELP YOU TO RAISE MONEY FOR THIS YOUNG BOY. WE HAD A VERY GREAT AND SUCCESSFUL EVENT. AND I'LL TELL YOU THEY WEREN'T SATISFIED WITH THE THOUSANDS OF DOLLARS THAT WE RAISED, THEY MATCHED IT AND KICKED IN MORE MONEY TO HELP OUT THIS FAMILY.

I THINK THAT SPEAKS TO THE FAMILY-FRIENDLINESS PARTIALLY OF THEIR ESTABLISH PAL. I WILL POINT OUT MANY OF US HERE TODAY KNOW THERE WERE SOME VERY UNJUST REASONS THAT THIS HAS BEEN DENIED IN THE PAST. THE SHERIFF'S AND THE SHERIFF'S OFFICE HAVE GIVEN YOU FACTUAL STUDIES TO CONSIDER HERE TODAY AND I KNOW YOU HAVE THOSE IN FRONT OF YOU. I WOULD SAY I VISITED THE PARK NUMEROUS TIME, MANY DIFFERENT OCCASION, DIFFERENT TIMES OF DAY. EVERY SINGLE TIME I'VE BEEN ABLE TO PARK IN THEIR MAIN PARKING LOT, AND HAVEN'T HAD TO PARK NEAR THE ROAD OR CLOSE TO THE ROAD. THERE ARE NUMEROUS ESTABLISHMENTS WITHIN EYE SIGHT THAT SERVE BEER AND WINE IN THIS AREA, YOU COULD SEE THEM AS YOU WALK INTO THE VILLAGE GARDEN PARKING LOT. I THINK LEGALLY THERE'S NO REASON TO DENY THIS, I THINK THERE'S ALL THE REASON AND PRECEDENT IN THE WORLD TO APPROVE THIS BEER AND WINE LICENSE. I KNOW THE COMMISSION IS VERY PRO-LOCAL BUSINESS, AND I WOULD LIKE TO SEE THAT PROVEN YET AGAIN HERE TODAY. THANK YOU Y'ALL SO MUCH FOR YOUR TIME AND FOR WHAT YOU DO EVERYDAY FOR OUR COUNTY.

>> THANK YOU SIR. YES, MA'AM, NAME AND ADDRESS.

>> I'M MARA MARTI SIT ON THE B OF THE HISTORICAL SOCIETY.

KELLY AND BRENDAN ARE ACTIVE MEMBERS OF THIS COMMUNITY AS WELL. AND THEY COME TO YOU AND ASK THAT YOU JUST ALLOW THEM TO MAKE THEIR BUSINESS ALL THAT IT COULD BE. MY HUSBAND AND I VISIT THEIR PARK ONCE OR TWICE A WEEK, SOMETIMES WE GET STUFF TO GO AND SOMETIMES WE BRING OUR DOG AND SIT AND HAVE FAMILY TIME. IN THE THREE YEARS THAT WE'VE BEEN VISITING, WE'VE SEEN THESE BUSINESS OWNERS DO EVERYTHING RIGHT. SUPPORT A SENSE OF COMMUNITY, SUPPORT INCLUSIVENESS, WHICH IS WHAT SMALL BUSINESS SHOULD BE ABOUT. IN A SHORT TIME, I'VE DONE A LOT OF READING ABOUT WHAT THIS IS AND I ONLY CAME TO KNOW OF IT THROUGH SOCIAL MEDIA. BEING A REGULAR VISITOR, I SHOULD KNOW WHAT'S GOING ON THERE. THAT'S HOW IT'S DONE. SO, IT REALLY ISN'T POPULARITY CLICKS, IT'S GETTING INFORMATION OUT. BUT IN A SHORT TIME, I'LL TALK ABOUT THE $0.01 TAX AND I'VE DONE READING ON THAT AS WELL. AND I UNDERSTAND THE REASON THAT YOU MAY VOTE FOR, IT CAN SERVE THE COMMUNITY. I DON'T UNDERSTAND THE UNJUST AND PREJUDICE DENIAL OF THIS LICENSE. AND I CAN'T THINK OF A REASON THAT YOU WOULD VOTE NO. THEY'VE MET CODE.

THEY'VE MET CRITERIA, AND THEY DO A WONDERFUL JOB IN THIS COMMUNITY. AND I ASK FOR YOUR SUPPORT FOR THEM. THANK YOU.

>> THANK YOU, MA'AM. >> YES, SIR.

>> HELLO, COMMISSION, I'M ZACH THOMAS AND I LIVE AT 664 EAST BIANCA CIRCLE. I WANT TO SPEAK IN FAVOR OF THE VILLAGE GARDEN RECEIVING THEIR LICENSE. WHEN I THINK ABOUT OUR COMMUNITY, WE'RE A SMALL TOWN AND I THINK THIS IS A BEST CASE SCENARIO FOR YOU ALL. AND WE REALLY NEED TO SUPPORT IT, IT'S LOCAL PEOPLE WHO CARE ABOUT THE BUSINESS AND THEY SHOULD HAVE EVERY CHANCE TO SUCCEED. THERE'S ALREADY LAWS IN PLACE THAT IF THEY'RE VIOLATING THINGS THAT YOU COULD PULL LICENSING. THIS IS ALWAYS THIS PROPERTY HAS ALSO HAD THAT AND I DON'T KNOW IF YOU GUYS REMEMBER AFTER ALMOST BEING OCCUPIED. IT SAT EMPTY FOR YEARS, AND THESE TWO CAME AND MADE IT THIS BEAUTIFUL INNOVATIVE BUSINESS. AFTER THEY HAD GOT THEIR'S UPND A RUNNING, ANOTHER ONE WAS CREATED BASED ON THAT MODEL. I'M A SMALL BUSINESS OWNER AND I DON'T THINK WE SHOULD TIE ONE HAND BEHIND

[01:30:05]

THEIR BACKS PARTICULARLY WHEN THE HISTORY OF THE PORT SUPPORTS THEIR USE. THEY HAVE A LONG STANDING REPUTATION AND LIVE IN THE AIR AND THEY CARE ENOUGH. AND THAT'S WHAT WE SHOULD PUT OUR MIGHT BEHIND. THANK YOU FOR YOUR TIME AND HAVE A WONDERFUL

DAY. >> I'M KEN CONTE I LIVE AT 53 PENINSULA COURT, I'M IN SUPPORT OF THIS LICENSE. IT'S TO ENHANCE THE EATING EXPERIENCE. IT'S A VERY TRANSIENT BUSINESS, PEOPLE ARE IN AND OUT QUICKLY. TEY'RE NOT GOING TO SIT AND CHILL WHEN THEY COULD GO LITERALLY ACROSS THE STREET TO A BAR. THEY SHOULD BE GRANTED THIS LICENSE IT IS A WELL-RUN FAMILY ORIENTED PARK AND MY WIFE AND I EAT THERE ONCE TO TWICE A WEEK AND IT'S ALWAYS FAMED WITH KIDS AND EVERYBODY IS HAVING A GOOD TIME. SO, PLEASE GIVE THEM ALLOW THEM TO GET THIS LICENSE.

THANK YOU. >>

>> I GREW UP IN THIS NEIGHBORHOOD, I REMEMBER WHEN IT WAS BIG JOES, MARIA LUNA'S AND BEACH SIDE. I SUPPORT THE VILLAGE GARDEN AND I THINK THEY SHOULD BE GIVEN A CHANCE TO OPERATE AS BEST THEY CAN. I REMEMBER WHEN IT WAS A D DILAPIDATED PARCEL AND IT WAS LIKE THAT FOR YEARS.

>> I WORK AT THE BAR ACROSS THE STREET, AMICHI'S, I'VE BEEN A PROFESSIONAL BARTENDER AND LILT ME TELL YOU, THE VILLAGE GARDEN IS ONE OF MY FAVORITE SUCCESS STORIES, THOSE GUYS HAVE HAD EVERY OBSTACLE THROWN IN THEIR FACE. ENTREPRENEURSHIP IS NOT EASY, I'VE GOTTEN INTO IT MYSELF LATELY AND WHEN THE BEATLES SAY YOU WORK EIGHT DAYS A WEEK. YOU DO. PEOPLE IN THIS COMMUNITY, DO NOT LIKE SUCCESS. THEY LIKE TO DO ANYTHING TO STOP IT. AND, IT'S SAD. IT REALLY IS, ESPECIALLY FOR THE PEOPLE WHO WORK AS HARD AS BRENDAN AND KELLY DO. TODAY'S ABOUT THE FACTS AND NOT OPINIONS, AND I THINK THAT THE FACTS SHOW THAT YOU GUYS NEED TO MAKE THE RIGHT DECISION TODAY. THANK YOU.

>> THANK YOU, SIR. YES, SIR. >> MY NAME'S IAN BARTLETT, 2898 NORTH 10TH STREET I'M ALSO A LOCAL BUSINESS OWNER AND SPEAKING -- I'M TOTALLY FOR THEM GETTING THEIR BEER AND WINE LICENSE. AS A BUSINESS OWNER MYSELF, WE STARTED WITHOUT OUR BEER AND WINE LICENSE. WE FILED FOR IT AND WERE GIVEN IT AND AFTER SEEING THE REVENUE THAT HAD BUILDS, IT LIKE, THE COVERS MANY COSTS AND MANY LOSS THAT IS WE HAVE. FOR OR SMALL BUSINESS, I'M DEFINITELY FOR THEM WHEN IT COMES TO THE NEED FOR THEIR BUSINESS. LIKE THEY SAID, I THINK A LOT OF IT NEEDS TO COME FROM FACTS. THE FACTS ARE THAT 29% OF MY BUSINESS IS BASED OFF OF BEER AND WINE SALES. IF WE LOST THAT, WHO KNOWS IF WE WOULD BE ABLE TO PAY OUR BOAT PAYMENT, BE ABLE TO PAY OUR SLOT AND WE ALSO WOULDN'T BE ABLE TO BUTTEFY THE WATERS OF ST. AUGUSTINE WITH OUR GORGEOUS YACHT. FOR WHAT THEY'VE DONE, IT'S CALLED BEAUTIFICATION. I BELIEVE ST. AUGUSTINE BEACH STARTED THAT TERM A FEW YEARS AGO, ABOUT A DECADE AGO. THEY WANTED TO BEAUTIFY ST. AUGUSTINE, I THINK THAT WAS ONE OF THE TERMS THAT THEY WANTED TO BRING, BEAUTIFICATION MAKING A BUILDING NICE. WHAT THEY DID IS THEY MADE THAT CORNER WHERE YOU TURN IN ONTO OUR AMAZING BEACHES GORGEOUS AND STUNNING. THAT BUILDING IS AMAZING. THE FOOD TRUCKS ARE AMAZING. AND THE PEOPLE THAT COME THERE AND WORK FOR THEM ARE AMAZING. THEY ARE SALT OF THE EARTH AS YOU COULD SAY. THEY HELP THIS COMMUNITY.

KELLY WANTS TO BE A PART OF THIS COMMUNITY. SHE DOESN'T WANT TO KNOCK IT DOWN. SHE WANTS TO BUILD IT UP. YOU SAW THE PICTURES FROM EASTER WITH FAMILIES DOING EASTER EGG HUNTS AND DOING FUN THINGS WITH THEM. YOU KNOW, THEY WANT TO WORK

[01:35:03]

WITH THE COMMUNITY NOT AGAINST THE COMMUNITY. YOU KNOW, I THINK THAT'S ONE OF THE MAIN THINGS THAT NEEDS TO BE FOCUSED ON IS THAT THEY'RE NOT TRYING TO SAY, WE'RE HERE TO KNOCK DOWN AND START SOMETHING NEW, NO, THEY'RE TRYING TO BUILD SOMETHING GREAT AND BUILD SOMETHING BEAUTIFUL AND WORK WITH THE COMMUNITY. I'M SURE THAT THE PARKING SITUATION CAN BE WORKED OUT. LIKE THE MANAGER OF THE LOT SAID, HE WORKED ON THAT DAILY, WEEKLY, THAT THEY'RE TRYING TO MAKE THAT A PRIORITY TO MOVE TO SAFE. MY LAST COMMENT IS I JUST GOT MY DOG FROM SAFE TWO YEARS AGO, HAVE YOU BEEN THERE, IT'S A BIT OF AN EYE SORE AND LOOKS LIKE A HOARDING COMMUNITY. COMPARED TO THAT AND THE VILLAGE, IF ALL THEY'RE ASKING FOR IS TO HELP THEIR PROFITS, AND A FEW LITTLE THINGS, A COUPLE OF DRINKS, I

THINK IT SHOULD BE PASSED. >> HAVING LIVED IN MENENDEZ PARK NEIGHBORHOOD FOR OVER 40 YEARS I WOULD LIKE TO BEGIN BY GIVING A LITTLE BIT OF A BACKGROUND ON THE TWO BUSINESSES THAT HELD TWO COP AND FOUR COP LICENSES. FIRST IS BEACH SIDE, YOU COULD SEE IT WAS A SMALL BUILDING WITH A LARGE PARKING ALREADY AREA AND HELD A BEER AND WINE LICENSE WITH THE SAME HOURS THAT VILLAGE GARDEN IS PROTOESING IN 2018 AND 2019.

ALMOST B-SIDE CLOSED IN 1999, 23 YEARS AGO. PIZZA GARDEN HOSTED SPECIAL EVENTS AND COLLEGE PARTIES, THIS WAS THE BUSINESS THAT HELD THE LIQUOR LICENSE IN 2009 STAYING OPEN AT 1:00 A.M., AND THEN LATER UNTIL 2:00 A.M., THEY CLOSED IN 2010. MANY RESIDENTS THAT LIVE ON OLD BEACH ROAD THAT LIVE THERE NOW AND LIVED THERE THEN REMEMBER THOSE BUSINESSES AND ARE GLAD THAT THEY'RE CLOSED. THIS MAP BY THE SHOW OF RED DOTS ON THE PARCELS AND PROPERTIES REPRESENT RESIDENTS IT LIKE MYSELF THAT ARE IN OPPOSITION TO THIS SPECIAL USE PERMIT. THE CORNER OF OLD BEACH ROAD AND OLD A 1 A SOUTH IS A HEAVILY TRAVELED INTERSECTION WITH NOTHING MORE THAN A STOP SIGN ALREADY THE SITE OF NUMEROUS ACCIDENTS. TRAFFIC AND PARKING CONTINUES TO BE A SAFETY FACTOR FROM VILLAGE GARDEN ON BUSY DAYS, SPECIAL EVENTS AND GOOD WEATHER DAYS. COUNTING THE MORE THAN 45 REGULATED SEATS ALLOWED FOR THE 15 PARKING SPACES PROVIDED, THE ADDITIONAL AREA CREATED BY THE LARGE SEATING DECK ALONG WITH THE MANY EXTRA CHAIRS STORED OUTSIDE FOR PEOPLE TO USE, IT'S NO WONDER THE ON-SITE PARKING IS INSUFFICIENT. THERE'S NO WAY WITHOUT FENCES, GATES OR BARRIERS THERE'S NO WAY FOR THE COUNTY FIRE DEPARTMENT TO LIMIT THE NUMBER OF PATRONS AT VILLAGE GARDEN. AS EXPLAINED TO ME ABOUT OUR FIRE PLANS SUPERVISOR, WITH NO OCCUPANCY CONSTRAINTS, THERE'S NO WAY TO PUT A LIMIT ON THE SERVING AREA, PLAY AREA OR ANY OF THE AREAS. WITH VILLAGE GARDEN, CATERING AND HOSTING EVENTS, NOT BEING ABLE TO CONTROL OR LIMIT THE NUMBER OF THEIR PATRONS, IT'S EASY TO ENVISION PROBLEMS WITH PARKING, SPACE, SAFETY AND BY ADDING BEER AND WINE TO THAT PROPERTY. I WISH FOR VILLAGE GARDEN TO BE SUCCESSFUL. I TRULY DO, WE LIKE THEM THERE, IT'S JUST NOT THE LOCATION TO HAVE BEER AND WINE. WE DON'T WANT IT AT THE EXPENSE, I WOULD LIKE THEM TO BE SUCCESSFUL, THERE'S NO DOUBT ABOUT THAT. NOBODY HERE FROM OUR NEIGHBORHOOD DOESN'T WANT THEM TO BE SUCCESSFUL, BUT NOT AT THE EXPENSE OF PUBLIC SAFETY

TO OPPOSE THIS APPEAL. BEG YOU- >> YES, SIR. WE'RE GOING TO HEAR FROM YOU, AND THEN LADIES, WE'LL HAVE YOU MOVE HERE.

>> SALLY MYRICK. 1736 ASTEIA STREET. OUR NEIGHBORHOOD NEAR THE VILLAGE GARDEN HAS GROWN RECENTLY. I'VE LIVED THERE 25 YEARS AND OH FOR THE MOST PART IT'S BEEN QUIET. BUT, FOR EXAMPLE, IN THE LAST MONTH, THE LAST THREE LOTS ON MY STREET HAVE SOLD. THE THREE HOMES THAT WRE THERE WILL BE REPLACED BY SIX HOMES. THE IN RESPONSE, PEOPLE ACROSS THE STREET RECENTLY SOLD THEIR FRONT YARD FOR SOMEONE TO BUILD A HOME ON.

WE SCOFFED ON THAT, IT SOLD IN ONE DAY. ON COSTEIO STREET, SOMEONE SOLD A SIDE YARD AND A NEW HOME IS GOING UP. IT'S THE ONLY ROAD FOR INGRESS AND EDEGREES INTO OUR NEIGHBORHOOD.

EIGHT NEW FAMILIES GOING TO PUBLIX, THE POST OFFICE, THE DRY CLEANERS, THE DRUG STORE, YOU GET THE IDEA. THE EDEGREES.

[01:40:25]

THANK YOU, MA'AM, YES, MA'AM. >> NAME AND ADDRESS?

>> BARBARA OLSEN, 1824 OLD BEACH ROAD, ST. AUGUSTINE, MY HUSBAND AND I OWN THE COMMERCIAL PROPERTY ADJACENT TO THE VILLAGE GARDEN. GOOD MORNING, COMMISSIONERS. I APPRECIATE THE OPPORTUNITY TO SHARE MY OPPOSITION WHICH IS BASED ON CONCERNS ON SAFETY AND COMPATIBILITY WITH THE VILLAGE GARDEN. I SPEAK AS A NEIGHBOR WITH TWO PROPERTIES. I'M ABLE TO DRAW ON MY PROFESSIONAL EXPERIENCE I'M A REGISTERED NURSE AND CERTIFIED AND PROFESSIONAL IN PUBLIC SAFETY AND I SERVE AS THE PRESIDENT OF THE MENENDEZ PARK GARDEN CLUB.

I AM A PERSON WHO WITNESSES ON A REGULAR BASIS SIGNIFICANT SAFETY AND NUISANCE ISSUES THAT ARISE FROM TRAFFIC OVERSPILL AND POOR BEHAVIORAL CHOICES. THE FIRST DOCUMENT THAT I WOULD LIKE TO SHARE IS A MATRIX THAT COMPARES EIGHT INDICATORS, AND EIGHT EATERIES WITH BEER AND WINE AND LIQUOR SALES. THESE ARE PURE ESTABLISHMENTS LOCATED ADJACENT TO NEIGHBORHOODS ON A 1 A. FOR QUICK ORIENTATION, THE MORE LIKE THE VILLAGE GARDEN IS TO THEIR PEER ORGANIZATIONS THE MORE THE COLORS AND THE HORIZONTAL ACCESS WILL BE THE SAME. BEER AND WINE AND ALCOHOL SALES ARE ASSOCIATED WITH LONGER DWELL TIMES AND LATER PEAK TIMES. THE VILLAGE GARDEN IS DIFFERENTIATED FROM 100% OF OTHER ESTABLISHMENTS BY THE ABSENCE OF ANY INDOOR SEATING AND THE ABSENCE OF BARRIERS SEPARATING OUTDOOR PATRONS FROM ROADWAYS AND PARKING AREAS. MORE COMPLETE DATA CAN YIELD MORE PRECISE CORRELATIONS AND PREDICTIONS BUT THE PATTERNS ARE THE PATTERNS. MY HUSBAND AND I CALL THE SHERIFF'S OFFICE WHEN PARKING BECOMES OVER THE TOP RIDICULOUS.

WE ALWAYS GET A PROFESSIONAL RESPONSE AND KINDNESS, BUT THE TONE IS OH, THAT PLACE AGAIN. THIS IS STRESSFUL, WE'RE NOT PUBLIC SAFETY OFFICERS, WE'RE NEIGHBORS TRYING TO DO THE RIGHT THING. OUR FLOWER BEDS GET RUN OVER. GOOD PEOPLE WHO THINK IT WON'T MATTER IF THEY JUST PARK THERE FOR A LITTLE BIT. MAIL DELIVERY TO OUR HOUSE AND ADJACENT PROPERTIES IS BLOCKED.

THE SCHOOL BUS SWINGS WIDE TO MISS SUVS THAT FEEL VERY INNOCENTLY PARKED AS PEOPLE SIT UNDER THE SHADE. BEER AND WINE SALES WILL INCREASE DWELL TIME, DRAW MORE CUSTOMERS, WHICH IS GREAT, NOT AGAINST THAT, BUT BY INFERENCE ALREADY TAX THE INSUFFICIENT PARKING. FROM A QUALITY OF LIFE STAND POINT, THE

STORM IS THERE. THANK YOU. >> THANK YOU,.

>> I'M EYE ILENE AND I ENJOYED THE RESTAURANT THAT THE VILLAGE GARDEN HAS BECOME ONE OF OUR FAVORITE LOCAL SPOTS. TESTIFY TESTIFY THE SCHNECKS ARE HARD WORKING RESPONSIBLE BUSINESS OWNERS WHOSE INTENTIONS HAVE ALWAYS BEEN TO HAVE A PLACE WHERE FAMILIES CAN COME AND ENJOY GOOD, FRESH, HEALTHY FOOD AND THEIR TRACK RECORD IN GAINESVILLE PROVED THAT TO BE TRUE. I'M A TEACHER AND THERE ARE QUITE A FEW TEACHERS AT MY SCHOOL WHO REGULARRY COME TO ST. AUGUSTINE ALWAYS WITH THE INTENTION OF STOPPING AT THE VILLAGE GARDEN WHICH IS A FAVORITE OF THEIR'S. ONE OF THEM SHARED OVER THE LONG WEEKEND SHE BROUGHT HER YOUNG DAUGHTER OVER AND HAD A GREAT TIME. SHE SAID IN HER WORDS, WE'RE GOING TO MAKE THIS A FAMILY TRADITION. THIS IS EXACTLY THE KIND OF BUSINESS THAT THE SCHNECKS HAD IN MIND. THE RESTAURANT THAT THEY HAD IN

[01:45:03]

GAINESVILLE WITH IT'S BEER AND WINE LICENSE PROVED THAT TO BE

TRUE. THANK YOU. >> SHERRY, BADGER, 2772 SOUTH COLLINS AVENUE. I'M NOT AGAINST BUSINESSES MAKING MONEY. I'M AGAINST BUSINESSES INTRUDING UPON NEIGHBORHOODS WHICH SEEMS TO BE OKAY. OKAY YOU GET TOLD, WHEN YOU HAV A PROBLEM, OH, WE HAVE TO SEE THEM DOING IT. OH, CALL THE SHERIFF'S DEPARTMENT, OH, FALSE ON DEAF EARS. CODE ENFORCEMENT HAS TO BE THERE TO SEE IT. EACH AND EVERY DECISION THAT YOU GENTLEMEN MAKE IN THE NEIGHBORHOOD, THE SUPREME COURT LOOKS AT EXPERTS WITHIN LIVING WITHIN 300 FEET. OKAY. Y'ALL JUST SEEM WHATEVER THAT THE NEIGHBORHOOD DON'T WANT, THERE ARE TWO OF YOU THAT RUBBERSTAMP EVERYTHING SETTING UP THERE THAT COMES BEFORE YOU AND YOU'RE NOT CONSIDERING THE NEIGHBORHOODS THAT HAVE BEEN HERE FOREVER.

AND SO FAR AS SOCIAL MEDIA IN MY NEIGHBORHOOD, THE PRESS HAD INTEREST SHOWING TWO YEARS BEFORE THEY OPENED. COMING INTO MY NEIGHBORHOOD AND GUESS WHAT? I'VE BEEN FIGHTING THEM EVER SINCE. I'M GOING TO TAKE TUESDAYS OFF TO COME AND HANG OUT WITH YOU, BECAUSE I'M DENIED PUBLIC COMMENT AT 9:00 IN THE MORNING. SO, IT'S A WILLIE NILLY SYSTEM, WE MAY OR MAY NOT BE HERE IN THE AFTERNOON. AND IT'S TWO OF Y'ALL WHO MADE THE DECISION TO STIFLE THE PUBLIC AND EVERYBODY OUT THERE IN TVLAND NEEDS TO WAKE UP AND SMELL THE COFFEE. THANK YOU.

>> YES, MA'AM? >> MY NAME IS PEGDY STEVENS AND I LIVE AT 1303 RIVIERA. THAT WAS A LOVELY PHOTO THAT YOU HAD OF SHOWING ALL THE PEOPLE SHOWING SUPPORT. I REGISTERED THREE THAT SAID THEY WERE FROM MENENDEZ PARK, THEY COULD BE FROM ATLANTA OR CHICAGO. YOU ARE LOOKING AT A COPY OF A HAND-DELIVERED LETTER FROM BRENDAN AND KELLY FROM APRIL 2016. AS THE LETTER STATES, THEY HAVE PURCHASED THE PROPERTY WHERE THE VILLAGE GARDEN NOW SITS. IT WAS ZONED COMMERCIAL AT THE TIME OF THE PURCHASE WHICH DID NOT ALLOW FOR A FOOD TRUCK BUSINESS. IN ORDER FOR THEIR DREAM TO HAPPEN, IT HAD TO BE CHANGED TO COMMERCIAL INTENSIVE. THE LETTER STATES PROMISES OF A BEAUTIFUL SPACE WITH LUSH GARDENS, FRESH, HEALTHSHY OPTIONS, THEY BELIEVED ALL NATURAL FEED IS THE BEST MEDICINE. NO WHERE IN THIS LETTER DOES IT MENTION INTENTION OF SERVING BEER AND WINE. THEY WERE SUCH LOVELY PEOPLE, I HOSTED A MEET AND GREET ON MY VERY DECK TO ENCOURAGE MY NEIGHBORS WHO STILL LIVE THERE, BY THE WAY, TO STOP AND HELP OUT THIS YOUNG COUPLE GET THE ZONING CHANGE. WE WERE ALL ABOUT HELPING THIS SMALL BUSINESS SUCCEED. THE QUESTIONS WERE RAISED IF THEY WERE INTENDING TO SELL ALCOHOL. WE WERE TOLD NO.

YOU SEE, THE SCHNECKS ARE RIGHT. ALCOHOL WAS ALWAYS SOLD ON THAT PROPERTY. THEY'RE SAYING THAT IT WAS THEIR PLAN ALL ALONG, ACCORDING TO THIS LETTER, THEY NEVER STATED THAT. SO, NO LUSH GARDENS, NO FOOD GROWN ON-SITE. THE HEALTHY FOODS ARE, HOTDOGS, BAGELS, PIZZA, HAMBURGERS, SMOOTHIES AND MACAROONS, THEY CAN'T EVEN MANAGE THEIR PARKING SITUATION AS PROVEN TODAY. SO HOW CAN WE TRUST THAT THEY COULD MONITOR AND MANAGE ALCOHOL BEING SOLD FROM A COFFEE WINDOW TO GO TO WHO AND WHERE. THIS IS NOT A RESTAURANT WHERE SERVERS CAN MONITOR WHO THEY SELL TO AND IS BEING CONSUMED AT A TABLE OR THE COUNTER FROM FOOD. THEY SAY ONE THIRD OF THE REVENUE IS MADE FROM ALCOHOL SALES, SOMEONE NEEDS TO TELL OLE STEIN'S THAT. SUCCESS IS NOT BASED ON ALCOHOL.

PLEASE REMEMBER IT'S NOT COMPATIBLE TO OUR NEIGHBORHOOD.

THANK YOU. >> YES, SIR.

>> JOHNNY, COUNTS, 9470 MERRILL FACTORY ROAD. THERE'S BEEN A LOT OF PASSION THAT WE'VE HEARD ABOUT WHAT'S GOING ON AND YOU

[01:50:02]

COULD FEEL FOR BOTH SIDES OF IT. BUT, BEN FRANKLIN SAID, WHATEVER YOUR PASSION, LET'S REASON BE THE REIGNS. IT'S AMAZING -- WELL, THE PROGRAM THAT THEY'VE PRESENTED IS REALLY GOOD. I'M JUST APPALLED THAT IT'S TAKEN SO MANY YEARS AND SO MANY HOOPS THEY HAVE HAD TO JUMP THROUGH TO GET TO THIS POSITION. WE'RE TALKING ABOUT PRIVATE PROPERTY RIGHTS. AND THAT'S WHAT GOVERNMENT IS SUPPOSED TO DO IS PROTECT THAT AND THAT MEANS EQUAL OPPORTUNITY FOR EVERYONE. TO HAVE THEM CHANGE FROM WHAT THEY ORIGINALLY DESIGNED, WE ALL HAVE TO ADAPT. I'M A SMALL BUSINESS OWNER AND I'VE HAD TO ADAPT AND CHANGE AND DO A LOT OF THINGS THAT I DIDN'T THINK I WOULD HAVE TO DO. I FEEL IT'S A SHAME THAT ALCOHOL SEEMS TO BE WHAT PROFITS EVERYTHING. BUT, WE CAN'T LEGISLATE MORALITY. AND IT'S WHAT THE CUSTOMERS WANT AND WHAT THEY THINK THEY NEED TO COTO BE ABLE TO SURVIVE. MY GRAND DAUGHTERS LOVE THIS PLACE, THEY'RE 5 AND 2, MY DAUGHTER SAYS SHE HAS THE HARDEST TIMING TRYING TO GET THEM TO LEAVE BECAUSE THEY HAVE SO MUCH FUN THERE. THERE'S BEER AND WINE SERVED AT OTHER LOCATIONS, YOU COULD GO TO A PIZZA HUT OR DIFFERENT RESTAURANTS, I BELIEVE THAT WITH RESPECT TO EVERYONE, THE BASIC THING WE NEED TO LOOK AT ARE THE RIGHT'S OF THAT PROPERTY OWNER AND THE AMOUNT THAT THEY ARE PROVIDING FOR THEIR PATRONS AND NOT ONLY THAT, THAT'S WHAT WE NEED, SMALL BUSINESSES ARE THE HEART OF OUR SOCIETY AND OUR COMMUNITY. AND I HOPE Y'ALL TAKE THAT INTO CONSIDERATION ON THIS. THANK

YOU. >> THANK YOU, SIR.

>> ALL RIGHT, MA'AM, NAME AND ADDRESS?

>> BJ, WEST CITY OF ST. AUGUSTINE, 8 KNEWTON STREET.

FUN, FAMILY FRIENDLY USE THAT EVERYONE WILL ENJOY GOING TO IS NOT COMPETENCE SUBSTANTIAL EVIDENCE. EVERYONE WILL LOVE GOING THERE IS NOT RELEVANT TO WHETHER THE USE IS COMPATIBLE WITH THE RESIDENTIAL NEIGHBORHOOD. (INAUDIBLE)

(INAUDIBLE). AUDIT (INAUDIBLE). >> LIFE IN A LONG ESTABLISHED NEIGHBORHOOD. VERSUS GREED. G-R-E-E-D. REMEMBER RESIDENTS SPOKE AT GROWTH MANAGEMENT WORKSHOP. DENY THIS APPEAL BASED ON FACT NUMBER ONE. THE SPECIAL USE CANNOT BE GRANTED WITHOUT SUBSTANTIAL DETRIMENT TO THE PUBLIC GOOD AND WOULD SUBSTANTIALLY IMPAIR THE INTENT AND PURPOSE OF THE ST. JOHNS COUNTY COMPREHENSIVE PLAN AND NUMBER SIX REASON TO DENY, THE ALLOWANCE OF THE ON-SITE CONSUMPTION. PROSPERITY OR THE GENERAL WELFARE OF THE RESIDENTS IN THIS AREA. THE RESIDENTS OF THIS COUNTY HAVE RIGHTS TOO. AND THEY'RE BEING TRAMPLED, AND THE TOWN IS GOING THE WAY THE CITY OF ST. AUGUSTINE HAS. IT'S NOT A TOWN ANYMORE. NOBODY GOES DOWN THERE AND IF YOU DO, YOU GO WHEN NOBODY'S AROUND. MAY BE 8:00 IN THE MORNING. RIGHTS OF THE NEIGHBORHOOD. I WONDER, I JUST HAVE A QUESTION, HAS ANYBODY THAT'S SPOKEN HAD A DUI? I WONDER ABOUT THAT? LET ME SEE. AND ALSO, THIS VIDEO THESE PEOPLE GIVING THE THUMB'S UP AND I KNOW MR. PETE WAS IN THAT, SO HE HAD TO EXIT THREE MINUTES TO GET UP HERE AND TALK AND WE ALLOWED THEM TO VIEW IT ON THE VIDEO. I THINK WE DISCRIMINATE WHEN DEALING WITH PEOPLE HERE.

THIS SHOULD BE DENIED AND PEOPLE IN THE AUDITORIUM NEED TO COME MORE OFTEN SO THEY KNOW THE RULES AND THE DECORUM OF THIS CITY AND THE COUNTY IN ALLOWING PEOPLE TO SPEAK. SOMEONE SPOKE ABOUT TAXES WHICH WASN'T PART OF IT AND THEN THE SHERIFF GETS

CALLED DOWN. >> THANK YOU FOR YOUR COMMENTS.

>> DO WE HAVE ANY FURTHER COMMENTS OR PUBLIC SPEAKERS?

[01:55:02]

OKAY. MR. CHAIRMAN, IT LOOKS LIKE PUBLIC COMMENT IS NOW

CLOSED. >> .

>> CHAIR DEAN: THANK YOU, COMMISSIONER BLOCKER, TO THE APPLICANT, DO YOU HAVE A RESPONSE OR REBUTTAL THAT YOU

WOULD LIKE TO PRESENT? >> YES, SIR, THANK YOU,

MR. CHAIRMAN. >> OBVIOUSLY THERE WERE A LOT OF PUBLIC SPEAKERS AND I DON'T WANT TO BELABOR THE ARGUMENT, BUT I WOULD LIKE TO MAKE A QUICK SUMMARY. I WOULD LIKE TO GO BACK TO WHERE I STARTED, WHICH IS THIS IS YOUR FUTURE LAND USE MAP. I DIDN'T COME UP HERE AND COLOR IT, THIS IS FROM YOUR STAFF REPORT THIS IS A CLEARLY MIXED USE CORRIDOR, RED, WE ALL KNOW RED IS COMMERCIAL. CLEARLY IN THE MIDDLE OF A COMMERCIAL THOROUGHFARE. THIS IS YOUR ZONING MAP. COMMERCIAL GENERAL SURROUNDS THIS. IT WAS REZONED BY THIS BOARD IN THIS CHAMBER TO COMMERCIAL INTENSIVE TO ALLOW THIS USE BACK IN 2016. YOU HEAR A LOT OF ARGUMENTS TODAY AND IT'S INTERESTING BECAUSE I WENT BACK AND WATCHED THE 2016, WHICH YOU COULD DO ONLINE. IF YOU GO BACK AND WATCH THE 2016 HEARING, YOU HEAR A LOT OF THE SAME EXACT COMMENTS. GOING BACK TO THE HISTORY AND AS YOU KNOW WHEN I STARTED OFF, THAT THIS IS ANEW. YOU'RE HEAR TO LISTEN TO THE TESTIMONY AND FACT THE FACT-BASED TESTIMONY AND USE THAT. BUT, I WOULD LIKE TO REFLECT BECAUSE I KNOW IT'S IN YOUR STAFF REPORT AND YOU HEARD A LOT OF MENTION TODAY. PRIOR VOTES ON THIS. I THINK IT'S IMPORTANT BECAUSE I THINK THAT'S THE REASON THIS HAS BEEN F FUNNELED TO THE PLACE. THIS WAS BEFORE THE PLANNING AND ZONING BOARD, THERE WAS A LONG DISCUSSION ON THIS, I WATCHED IT LAST NIGHT. IT WAS A LONG DISCUSSION AND IT WAS APPROVED 6-1 BACK IN 2018. AND THAT WAS TWO YEARS AFTER THE USE WAS APPROVED ON THE PROPERTY. AND THE BUILDING HAD NOT BEEN BUILT YET. AND SO, THE FACT OF THE MATTER IS IS THAT YOU HAVE 6-1 APPROVAL OF THIS BY THE PLANNING AND ZONING BOARD. AND THERE WAS ONE DESCENT ON THAT AND THE DISCUSSION BY THE DESCENT WAS BASED UPON THE SAME COMMENTS THAT YOU HEARD WHICH IS WE DON'T KNOW WHETHER THIS IS APPROPRIATE HERE, IT'S NOT THERE YET, LET'S WAIT AND SEE. BUT, AGAIN IT WAS A 601 VOTE TO APPROVE AND IT WAS APPEALED BY A LOT OF THE SAME PEOPLE HERE TODAY TO THE COUNTY COMMISSIONERS, AS I SAID THERE WAS NOTHING THERE YET SO THERE WAS NOTHING TO BASE IT UPON. AT THE TIME YOU HEARD A LOT OF COMMENTS FROM THE COUNTY COMMISSION IN THE OVERTURNING WHICH BASICALLY SAID YOU NEED TO PROVE YOURSELF AND THAT WAS OVER 3 YEARS AGO NOW. THEY CAME BACK IN DECEMBER OF 2019 AND SAID, YOU KNOW, WE'VE PROVEN OURSELVES, THEY PUT FACTS ON. AND AGAIN, YOU HAD A 3-3 TIED VOTE AT THE PZA. AT THE TIME YOU HAD COMMENTS FROM THE PLANNING AND ZONING ASKING ARE WE HERE TO OVERTURN THIS THAT WAS JUST VOTED ON. 3-3 WAS A TECHNICAL DENIAL, SO THAT WAS A DENIAL. THEY CAME BACK AGAIN IN DECEMBER OF LAST YEAR AND THAT'S THE ONE HERE ON APPEAL AND ASKED AND SAID, HEY, LISTEN, NOW WE'VE BEEN THERE FOR OVER 3 YEARS AND WE HAVE PROVEN OURSELVES WHICH IS WHAT YOU TOLD US TO DO WHEN WE FIRST OVERTURNED THE APPLICATION THREE YEARS AGO. A QUESTION FROM A BOARD MEMBER, ISN'T THIS REST JUDICATA. ISN'T THIS ALREADY DECIDED. YOUR APT COUNTY ATTORNEY'S OFFICE INFORMED THEM IT HASN'T BEEN DECIDED, THIS IS A QUASI JUDICIAL HEARING AND YOU MAY LISTEN TO THE TESTIMONY AND BASE YOUR FINDING ON THE FACTS OF THE TESTIMONY. IN FACT, YOU ONLY HAVE THE REPORT FROM YOUR STAFF REPORT THAT SAYS IT WAS DENIED-1. IN FACT, THE MOTION WAS MADE AND SECONDED TIS TO APPROVE AT THE PLANNING AND ZONING, IT FAILED 2-4. BUT THE FACT OF THE MATTER IS THAT IT

[02:00:03]

WAS. AS YOU KNOW, THERE WAS A SECOND MOTION MADE AND ONE OF THE MEMBER WHO HAD SECONDED THE VOTE VOTED WITH THE REST OF THE GROUP. I WOULD ASSERT TO YOU, I BELIEVE IT'S FUNNELED THAT WAY BECAUSE OF THE INITIAL VOTE OF THE BOARD COUNTY COMMISSIONERS IN THIS CHAMBER IN 2019 AND YOU'VE SEEN THE PZA VOTE GOING DOWN EACH TIME. 23409 NECESSARILY BASED ON THE FACTS OF THE TESTIMONY PRESENTED ON THOSE HEARINGS. I WANT TO TALK ABOUT WHAT'S THERE, IT WAS COMMERCIAL GENERAL SINCE 1990, WHEN A COMPREHENSIVE MAP WAS ESTABLISHED WITH A ZONING MAP.

WITHIN COMMERCIAL GENERAL, FORGET ABOUT COMMERCIAL INTENSIVE. WITHIN THE COMMERCIAL GENERAL, THESE ARE THE USE ACE PROVED BY RIGHT. THEY DON'T HAVE TO COME TO YOU TO ASK FOR THIS. PRIVATE CLUBS, ENTERTAINMENT, RETAIL, HOSPITALITY, GENERAL BUSINESS, RETAIL STORES, NEIGHBORHOOD CONVENIENT STORES WITHOUT GAS PUMPS, GROCERY STORES, THESE ARE IMPORTANT, BILLIARDS AND POOL HALLS. TAKEOUT RESTAURANTS, BREW PUBS AND MICRO BREWERIES. I THINK HERE ARE ADDITIONAL ONES, BOWLING ALLEYS, BILLIARDS, POOL PARLORS. REHABILITATION CENTERS WITH OR WITHOUT HOUSING. BREW PUBS AND MICRO BREWERS, PROFESSIONAL OFFICES, SOCIAL ASSIST STANDEE CERTAINTY, COMMUNICATION ANTENNAS AND COMMUN COMMUNICATION TOWERS. THEY'RE HERE ASKING TO YOU ADD AN ADDITIONAL BEVERAGE TO AN ALREADY APPROVED USE. BEER AND WINE. WE ALL KNOW THAT IN GETTING ALCOHOL LICENSES FOR PROPERTIES OVER THE YEARSIOUS IT'S BEEN VERY DIFFICULT. BUT IT'S ACTUALLY COME TO THE STATE WHERE BEER AND WINE TWO COP LICENSES ARE VERY HE SEE TO GET FROM THE STATE NOW. YOU DON'T HAVE TO BUY THEM, YOU BASICALLY APPLY AND GET THEM AS LONG AS THE LOCAL GOVERNMENT APPROVES THAT YOU ARE ALLOWED TO DO IT THERE. AND I THINK THAT SHOULD GUIDE YOUR VOTE AS WELL. WE HEARD A LOT OF TALK ABOUT ACCIDENTS AND TRAFFIC, WOULDN'T THERE BE REPORTS? AND I DON'T THINK, AND THE REPORTS WERE PRESENTED TO YOU BEFORE AND THEY'RE IN THE RECORD AND THEY TALK ABOUT THAT AND THESE ARE ALL THE P RESPONSES FROM LAW ENFORCEMENT. THOSE WERE PROVIDES BY THE SHERIFF BASED ON A PUBLIC RECORDS REQUEST TO HIS OFFICE. THOSE AREN'T MADE UP.

WOULDN'T THERE BE REPORTS IF THERE WERE ACCIDENTS AND TRAFFIC INCIDENTS, THE SHERIFF IS HERE AND HE COULD TELL YOU WHAT THE SITUATION IS, HE'S THE SOUTH COMMANDER FOR TRAFFIC FOR THAT AREA. WHAT'S BEER AND WINE ON THE AFFECT ON TRAFFIC AND SAFETY. YOU HEARD SOME ARGUMENTS THAT SAID, OUR ONLY ARGUMENTS ARE NOT AGAINST THAT FINE ESTABLISHMENT, THEY'RE JUST FOR TRAFFIC AND SAFETY. NO. AND WE'RE NOT, WE'RE ONLY AGAINST BEER AND WINE AND WE'RE NOT AGAINST THE USE AS A WHOLE.

AND THEN YOU HEARD SOME COMMENTS, LOOK AND SEE WHAT YOU WILL BE PUTTING US INTO. THIS IS RIDICULOUS, WE KNOW WHAT THEY'RE GOING TO DO THERE. THESE ARE NOT -- THIS IS NOT FACT-BASED TESTIMONY. THOSE ARE OPINIONS. YOU CAN NOT BASE YOUR FINDINGS AND YOUR RULING ON THOSE. THIS USE IS APPROVED.

THIS WAS APPROVED IN 2016 IN THE FACE OF ALL OF THESE SAME ARGUMENTS. THE SAME ARGUMENTS THAT SAID THIS IS GOING TO BE THE END OF OUR NEIGHBORHOOD, THIS IS GOING TO CAUSE TRAFFIC PARKING AND SAFETY ISSUES. WE'RE NOT TALKING ABOUT THE BEER AND WINE BUT WE'RE TALKING ABOUT THE USE. NONE OF THAT HAS PROVEN TO BE TRUE OVER THE YEARS. IN FACT, WHAT'S PROVEN TO BE TRUE IS THAT THEY HAVE A SUCCESSFUL BUSINESS HERE AND THEY'RE BACK AGAIN BASED ON THE GUIDANCE GIVEN TO THEM BACK IN 2018 THAT YOU NEED TO PROVE YOURSELF. YOU'VE HEARD THE FACT BASED SYSTEM. WE'VE HEARD THE TESTIMONY AS TO TRAFFIC AND SAFETY. THE REAL QUESTION HERE IS IS THIS REQUEST APPROPRIATE FOR THIS PROPERTY? THIS IS NOT ABOUT BRENDAN AND KELLY, THIS IS ABOUT WETHER OR NOT IT'S OKAY TO HAVE BEER AND WINE HERE. WE HAVE BEER AND WINE IN LOTS OF CASES. I WOULD ASSERT TO YOU,

[02:05:03]

THAT LOOKING AT YOUR OWN FUTURE LAND USE MAP YOUR OWN ZONING MAP, THIS IS A COMMERCIAL CORRIDOR AND ON THE COMMERCIAL CORRIDOR WE HAVE LOTS OF PLACES THAT ALLOW BEER AND WINE AND SOME THAT ALLOW LIQUOR, THEY'RE HERE TO SAY, LISTEN WE'RE WILLING TO PUT CONDITIONS ON IT, WE'RE WILLING TO HAVE WHATEVER BARRIER THAT YOU WANT, WE'RE WILLING TO HAVE WHATEVER PARKING YOU REQUIRE, WE'RE WILLING TO PUT TIMEFRAMES ON IT. WE'RE WILLING TO MOVE FORWARD. PLEASE, PLEASE, LET US PROVE OURSELVES. ALL I ASK IS THAT YOU BASE YOUR DECISION ON THE FACT-BASED TESTIMONY, NOT ON OPINION OR EMOTION BUT THE FACT-BASED TESTIMONY. I'M IMPLORE YOU, ASK THE CAPTAIN

SOME QUESTIONS, HE CAN HELP YOU. >> CHAIR DEAN: ALL RIGHT, THAT COMPLETES PUBLIC TESTIMONY AND REBUTTAL AND NOW WE'RE BACK TO THE BOARD. ARE THERE ANY QUESTIONS OR COMMENTS BY THE BOARD AT THIS TIME. LET ME START WITH COMMISSIONER WHITEHURST, SINCE YOU ARE NOT WITH US, DO YOU HAVE ANY QUESTIONS OR COMMENTS, QUESTIONS OF THE APPLICANT OR ANY

COMMENTS? >> WELL, I DO HAVE A QUESTION

FOR THE SCHNECKS TO KICK IT OFF. >> CHAIR DEAN: THEY'RE APPROACHING THE PODIUM NOW, GO AHEAD, COMMISSIONER.

>> WELL, I KNOW WE TALKED ABOUT THIS IN THE OFFICE, BUT, I THINK IT'S A QUESTION THAT I WOULD LIKE TO HAVE YOU ANSWER PUBLICLY, WHEN YOU OPENED THE VILLAGE GARDEN, DID YOU NOT HAVE BEER AND WINE AS A PART OF YOUR BUSINESS PLAN? IT SEEMS TO BE AN IMPORTANT COMPONENT OF THE FINANCIAL VIABILITY OF YOUR BUSINESS MODEL. CAN YOU SPEAK TO THAT?

>> YES, DEFINITELY, THE BEER AND WINE WAS ALWAYS INCLUDED IN ORB BUSINESS MODEL. WHEN WE OPENED OUR GAINESVILLE LOCATION WE APPLIED FOR THE 2 COP AND WE WERE UNAWARE OF THE ZONING ISSUES THAT WE NEED DODD WHEN APPLYING INITIALLY FOR THE FOOD TRUCK PARK. IF I HAD KNOWN THAT THEN, I WOULD HAVE PUT THE BEER AND WINE IN FOR THE ORIGINAL APPROVAL FOR THE FOOD TRUCK PARK. I WAS A NEW BUSINESS OWNER AND AT THE TIME, I LEARNED THIS AS I WENT, AND UNFORTUNATELY THAT WAS SOMETHING

THAT I HAD TO LEARN. >> CHAIR DEAN: THANK YOU, IG

IN ELSE COMMISSIONER WHITEHURST? >> WOULD THE BEER AND WINE BE SERVED FROM THE FOOD TRUCKS OR ISOLATED TO THE WINDOW THAT YOU

SHOWED IN YOUR PRESENTATION? >> NO. THAT'S WHAT I WANTED TO BE CLEAR WITH THE PHOTOS OF THE COFFEE SHOP WINDOW, IT WOULD SOLELY BE ISOLATED AND BE SERVED OUT OF THE GOOD KARMA CALF PAY COFFEE SHOP AND THE MAIN BUILDING.

>> THANK YOU, MRS. SCHNECK I FRESH THAT. HAVING HEARD THE TESTIMONY BEFORE AND AGAINST, I THINK IT'S IMPORTANT TO UNDERSTAND THAT WE HEAR HOW HARD RESTAURANT OWNERS WORK. BEING THAT THEY ARE AN OUTDOOR VENUE, THEY'RE SUBJECT TO THE WEATHER AND OTHER VARIABLES THAT I THINK MOST BUSINESS OWNERS DON'T HAVE TO DEAL WITH. THESE GUYS CAN GO TO WORK FOR 12 HOURS A DAY AND AT THE END OF THE DAY THEY LOOK BACK AND SEE THAT THEY'VE LOST MONEY. I'M INCLINED TO SUPPORT A CONDITIONAL APPROVAL EVEN IF IT'S ONLY FOR SIX MONTHS JUST TO GIVE THEM THE SUMMER TO DEMONSTRATE THAT THEY CAN BE A GOOD STEWARD OF THIS BEER AND WINE LICENSE TO SHOWCASE TO THE NEIGHBORS IT WILL NOT FUND MENTALLY CHANGE THE NEIGHBORHOOD. I CAN'T TELL A BUSINESS THAT THEY CAN'T HAVE AN IMPORTANT COMPONENT OF THEIR BUSINESS MODEL WITHOUT AT LEAST GIVING THEM A CHANCE TO DEMONSTRATE THAT THEY COULD BE A GOOD STAY WARD OF THAT LICENSE.

THAT'S ALL I HAVE, MR. CHAIRMAN, THANK YOU FOR THE TIME.

>> CHAIR DEAN: THANK YOU. COMMISSIONER WALDRON?

>> YES, I HAVE A QUESTION QUESTIONS. TALK ABOUT IT BEING PART OF YOUR BUSINESS MODEL. AND THE 2016 HEARING FOR REZONING YOU WERE ASKED THAT QUESTION AT THE TIME WHETHER ALCOHOL WOULD BE SOLD BY THE FOOD TRUCKS, YOUR ANSWER WAS NO, HOWEVER YOU DIDN'T SAY Y'ALL WOULD BE APPLYING FOR THIS LICENSE AND I THINK WITH A STATE LICENSE DOES IT NOT ASK YOU AT THE LOCAL AUTHORITIES WHAT THE ZONING IS OF YOUR PROPERTY WHEN

YOU APPLIED? >> WHEN I APPLIED FOR

GAINESVILLE, NO. >> I'M NOT TRYING TO PICK ON YOU, BUT ON THE BUSINESS SIDE OF IT, YOU SAID THAT IT OFF SETS FOOD COSTS. ARE YOU Y'ALL OPERATING FOOD SALES RIGHT NOW?

>> YES. >> SO IT WOULD OFF SET YOUR

COST BUT NOT THE OTHER'S THERE. >> IT'S PART OF THE REVENUE

STREAM FOR THE PARK. >> RIGHT, BUT THEY PAY YOU RENT. HOW WOULD THE ALCOHOL SALES HELP THEM IF THEY CAN'T

[02:10:03]

SELL ALCOHOL. >> IT'S GOING TO HELP WITH THE DINNER SERVICE, IT'S TO BOOST EVERYONE'S DINNER SALES WHICH I SHOWED WITH THE GOOGLE STATISTICS, HOW INCREDIBLY SLOW

WE ARE FOR DINNER. >> AND THAT'S ANOTHER QUESTION, I THINK THAT YOU ORIGINALLY WERE APPROVED FROM 10:00 A.M. TO

10:00 P.M. >> CORRECT.

>> IF WE GO WITH THE 6 MONTHS LIKE COMMISSIONER WHITEHURST SUGGESTED, WOULD YOU BE WILLING TO CUT DOWN THOSE HOURS, SO IT DOESN'T BECOME A SIT AROUND AND DRINK UNTIL 10:00 P.M. I KNOW YOUR TRUCKS USUALLY CLOSE EARLIER THAN THAT.

>> WE DO IT BASED OFF OF DAYLIGHT SAVINGS, CURRENTLY WE'RE OPEN UNTIL 8:00 P.M. AND WE'LL EXTEND TO 9:00 P.M. FOR SUMMER. THAT'S OUR NORMAL HOURS. WE WERE APPROVED UNTIL

10:00 P.M. >> WHEN WE DO SPECIAL EVENTS, WE DO A MOVIE NIGHT IN THE MIDDLE OF THE SUMMER, WE HAVE TO STAY OPEN LATE BECAUSE IT DOESN'T GET DARK UNTIL 8 OR

9:00. >> WHAT CAN YOU Y'ALL DO TO HELP THE PARKING SITUATION. I KNOW WHEN I WAS THERE, THERE WERE FOUR CARS ON OLD BEACH ROAD AND THERE WAS ACTUALLY ANOTHER CAR THAT TURNED AROUND THE NEIGHBORHOOD LIKE I DID TO COME BACK. BUT, YOU KNOW, HOW CAN Y'ALL HELP ASSIST THAT FOR NOT

BEING AN ISSUE FOR NEIGHBORS. >> I THINK THAT SOMETHING THAT WOULD BE HELPFUL THAT WE HAVEN'T THOUGHT DO BEFORE IS, AS I SHOWED, I HAVE A LEGAL DOCUMENT THAT WE HAVE SHARED PARKING AGREEMENT WITH SAFE, I THINK IT WOULD BE HELPFUL TO RESOLVE THAT SITUATION BY HAVING THOSE SIGNS AND ARROWS POINTING TO WHERE THE

OVERFLOW PARKING IS. >> THAT WAS MY NEXT THING,

THERE WERE NO SIGNS. >> MOST OF THE TIME WE DIRECT THEM. BUT I AGREE IT WOULD PROBABLY BE MORE EFFECTIVE IF I HAD A SIGN AT THE ENTRANCE POINTING TO THE EXCESS PARKING

AND I WILL DO THAT. >> CHAIR DEAN: ANY OTHER QUESTIONS FOR COMMENTS FROM THE BOARD?

>> I WOULD ENCOURAGE YOU, SINCE SO MUCH OF THIS HAS BEEN ABOUT TRAFFIC AND SAFETY, I WOULD REALLY FEEL MORE COMFORTABLE BEFORE WE PROCEED IF I HAVE CAPTAIN BURS APPOINTED BY THE SHERIFF TO SPEAK ON THAT AND HE HAS TRAFFIC REPORTS AND DID A FULL WALK-THROUGH OF THE PROPERTY.

>> SO, I APPRECIATE YOU GUYS COMING OUT AND I CERTAINLY UNDERSTAND THE STRUGGLES OF A SMALL BUSINESS AND I UNDERSTAND THESE NEIGHBORS, YOU KNOW, WE HEAR ONE LADY CONCERNED ABOUT BLOCKING HER WHEELCHAIR RAMP. THESE ARE PEOPLE THAT HAVE TO LIVE THERE. I'M ASSUMING YOU DON'T LIVE IN THE NEIGHBORHOOD, AND AT SOME POINT YOU GET TO PACK UP AND GO HOME BUT THESE PEOPLE LIVE THERE. SO, I WANT TO BE SENSITIVE. I'M GOING TO ASK OUR LAW ENFORCEMENT OFFICER TO COME UP IN A MOMENT.

DISTILLING THE OPPOSITION AND CONCERNS REALLY BOILS DOWN TO THE TRAFFIC. THAT THEIR CONCERNS ABOUT TRAFFIC SO NOW IF YOU HAD ALCOHOL TO THAT, IF YOU CAN'T CONTROL TRAFFIC NOW, HOW WILL WE BE ABLE TO CONTROL IT WITH DRINKING. I THINK THAT'S ONE THAT COULD BE SOLVED BUT I'M LOOKING AS ONE COMMISSIONER TO YOU GUYS TO UNDERSTAND HOW THAT'S KRCONTROLLED. THERE'S EVIDENCE BOTH WAYS, THERE'S EVIDENCE PRESENTED THAT'S NOT THAT MUCH TRAFFIC AND EVIDENCE PRESENTED THERE'S LARGE IT TRAFFIC. I'VE SEEN IT CROWDED AND EMPTY. THERE'S AN EBB AND FLOW TO THAT, BUT THE COMMON DENOMINATOR FOR ME IS THAT THE RESIDENTS WHO LIVE THERE HAVE CONCERNS ON HOW THE TRAFFIC IS SPILLING OVER AND I THINK THAT'S HEIGHTENED THEIR CONCERNS ABOUT, NOW IF WE INTRODUCE ALCOHOL INTO THAT HOW WILL IT BE MANAGED.

I'M LOOKING TO Y'ALL TO ONCE, I WANT TO SUPPORT THE SMALL BUSINESSES, I THINK MOST REASONABLE PEOPLE THAT HAVE SPOKEN WANT TO ADDRESS THAT, MR. WHITEHOUSE?

>> YES, SIR, I THINK PART OF THAT IS MAY BE WE COULD HAVE BETTER DIRECTIVES TOWARD THE INFLOW PARKING, NUMBER ONE. AND I THINK THAT COULD BE A CONDITION FOR ANY MOTION TO MOVE THIS FORWARD. I THINK, NUMBER TWO, YOU KNOW, WHY THEY'RE ENCOURAGING THIS IS MORE BECAUSE YOU HEAR A LOT ABOUT, LIKE YOU

[02:15:01]

SAID, THERE'S PROBABLE AN EBB AND FLOW, BUT WHEN SOMETHING SERIOUS HAPPENS, PEOPLE CALL THE SHERIFF'S OFFICE. I THINK THAT YOU'VE HEARD THERE'S EMOTION. SO, THE REPORTS PROVIDED FROM THE PUBLIC SERVICE REQUESTS ARE CLEARLY ACCURATE AS TO WHAT WAS HAPPENING OUT INTEREST BUT THEY DON'T WANT TO BE BLIND TO WHAT'S GOING ON. THIS IS THEIR NEIGHBORHOOD TOO. THIS IS THEIR INVESTMENT AS WELL. THEY WANT DO WHAT'S RIGHT. I THINK THAT YOU ARE RIGHT, COMMISSIONER, THAT THERE'S NOT A LOT OF TIMES THERE'S A PROBLEM BUT MAY BE EVERY ONCE IN A WHILE THERE'S A PROBLEM. WE MET WITH THE COUNTY AND SAT DOWN AND CAME UP WITH THE PLAN TO PUT UP THE PARKING SIGNS. WHICH TALKED ABOUT IT AND CAME UP AND THAT'S WHY YOU SEE THE NO PARKING SIGNS OUT THERE NOW AND I THINK THAT'S WHY AS RECENT AS YESTERDAY, AND I'LL SHOW YOU, I'LL GRAB THIS, BUT IT'S AN E-MAIL FROM YOUR COUNTY TRAFFIC SUPERVISOR WHICH SAID HE WENT OUT THERE BECAUSE THERE WERE QUESTIONS FROM SOME OF THE COMMISSIONERS ABOUT WHETHER THOSE TRAFFIC SIGNS ARE BEING OBSERVED OR NO. AND I THINK THE E-MAIL CAME BACK AND SAID THERE WASN'T ANY VISIBLE NOTICE OF YOU KNOW, VIOLATIONS OF THOSE NO-PARKING SIGNS. I'M NOT HERE TO SAY THERE'S NOT, WE WOULD BE WILLING TO DO WHATEVER WE CAN.

AND I THINK, PUTTING UP THE SIGNS AS COMMISSIONER WALDRON SUGGESTED, MAY BE HAVING ON BUSY TIMES HAVING ONE OF THEIR EMPLOYEES IF THEY CAN, HELPING TO DIRECT TRAFFIC, MAY BE NOT ALL THE TIME BECAUSE IT'S NOT NEEDED ALL THE TIME BUT MAY BE OBJECT THOSE OCCASIONS AND MAY BE IT IS A TIME PERIOD TO SHOW THAT THE BEER AND WINE DOESN'T CHANGE IT. BECAUSE, AGAIN, IT'S NOT MY OPINION, BUT BASED ON EXPERIENCE OF THIS KINDS OF SPECIAL USE PERMITS WHETHER IN THE COUNTIES OR THE CITIES THAT I REPRESENT PEOPLE IN. BEER AND WINE USUALLY DOESN'T CHANGE A LOT. WHETHER IT WILL BE MORE PEOPLE OR NOT IT'S A DOUBLE-EDGED SWORD. THEY WANT TO BRING MORE PEOPLE BUT ALSO THEY WANT TO CONTROL THE AREAS AND THEY DON'T WANT TO GET A TON OF CALLS REGARDING ISSUES IN THE AREA. THEY'RE WILLING TO PUT THOSE ON. I WISH I HAD MORE TO TELL YOU. BUT, I THINK THE ONES ASKED ABOUT THE PZA OVER THE YEARS OR SOME OF THE COMMISSIONERS IS HAVING THAT FENCE TO SHOW WHERE THE AREAS WILL BE, MAKING SURE TO HAVE SIGNS.

>> ONE THING IS WHAT I WOULD LOOK FOR IS HAVING FENCING THERE TO BE SURE THAT YOUR PATRONS ARE STAYING WITHIN. LITERALLY, IF THERE'S OVERFLOW, THEY'RE WALKING INTO SOMEBODY'S YARD ACROSS THE STREET. THESE ARE PEOPLE WHO HAVE LIVED THERE A LONG TIME AND I UNDERSTAND THAT Y'ALL ARE TRYING TO MAKE AN EVIDENT TO BE GOOD NEIGHBORS, I WOULD LIKE TO SEE SIGNAGE, I WOULD LIKE TO SEE FENCING. BECAUSE YOU HAVE TO DEMONSTRATE THAT YOU COULD CONTROL THIS. RIGHT NOW, I THINK THAT'S ONE OF THE BIGGEST CONCERNS THAT I'VE HEARD IS RIGHT NOW, TRAFFIC AT TIMES, MAY BE NOT ALWAYS IS NOT CONTROLLED. NOW, AGAIN, THE NEIGHBORS WILL HAVE A DIFFERENT PERSPECTIVE THAN Y'ALL, Y'ALL RAH BUSINESS OWNERS TRYING TO OPERATE, IT'S PROBABLY GOOD FOR BUSINESS WHEN THERE'S OVERFLOW, BUT FOR THE NEIGHBORHOOD IT'S NOT AND WE WANT TO BE SENSITIVE TO THAT. I WOULD LIKE TO SEE SOME TYPE OF FENCING IF YOU ARE SERVING ALCOHOL, BEER AND WINE, AND IT CAN BE CONTAINED. THAT HELPS THE BUSINESS OWNERS, IF THERE'S AN ISSUE, IT CAN STAY WITHIN THOSE BOUNDARIES.

>> SO, IF YOU VISITED THE PROPERTY, WHICH I BELIEVE THAT YOU HAVE, THAT'S WHY THE COVERED PATIO THAT'S FENCED IN WAS REQUESTED BY THE BOARD FOR ME TO INCLUDE THAT. THE ENTIRE PARK IS ENCLOSED EXCEPT FOR THIS ONE AREA, THAT YOU CORRECT IS CLOSEST TO THE NEIGHBORHOOD. AND I WOULD BE MORE THAN HAPPY TO ENCLOSE IT WITH, YOU KNOW, A VERY TASTEFUL, CUTE, WHITE PICKET FENCE TO DO THAT. I'M ABSOLUTELY WILLING.

>> AND I WOULD LIKE TO CALL THE SHERIFF'S DEPARTMENT. THEY'RE IN A DIFFICULT POSITION, THEY CAN'T WEIGH IN ON ONE SIDE OR THE OTHER, I THINK THEY CAN GIVE US SOME FACTS HERE. BUT, I DO THINK THAT ONE OF THE THINGS IS WHAT ARE SOME OF THE CONSEQUENCES, FOR THE PUBLIC'S EDUCATION, WHAT ARE THE CONSEQUENCES OF THEM NOT BEING ABLE TO ADHERE TO THE TERMS OR CONDITIONS OF THE PERMIT. CAN THEY LOSE THAT PERMIT?

>> COUNTY ATTORNEY FOR THE RECORD, THERE'S STANDARD LANGUAGE YOU CAN INCLUDE AS A CONDITION ADDRESSING VIOLATIONS AND THAT STANDARD LANGUAGE ALLOWS THE COUNTY ADMINISTRATOR

[02:20:02]

OR DESIGNEE TO REVOKE THE SPECIALOUS IF THERE ARE VIOLATIONS OF STATE, FEDERAL, OR LOCAL LAW SUBJECT TO THE APPEAL

OF THE COUNTY COMMISSIONERS. >> I THINK THAT WE NEED A MECHANICISM FOR DEALING WITH AN OVERFLOW OF PEOPLE IN THE COMMUNITY, PATRONS FROM THERE, DOING DAMAGE AND YOU CAN'T BE RESPONSIBLE FOR EVERY PATRON, BUT THIS IS A BUSINESS, YOU'RE RUNNING A BUSINESS AND YOU'RE ASKING US TO DO THAT. I THINK WE HAVE SOME MECHANISM THAT THIS CAN BE ADDRESSED IF IT GETS OUT

OF HAND. DOES THAT MAKE SENSE? >> YES.

>> YES. >> DO YOU HAVE COMMENT ON THAT?

>> NO, WE'RE IN AGREEMENT. THE MORE I'VE BEEN THINK ABOUT IT WHILE WE'RE IN DISCUSSION, I DO BELIEVE HAVING A LARGE SIGN DIRECTING TRAFFIC NEXTDOOR TO SAFE WOULD HAVE A HUGE IMPACT AND I THINK IT'S GOING TO HELP A LOT, THEY HAVE A LARGE PARKING LOT AND I'M WILLING TO, DURING BUSIER SHIFTS HAVING ONE OF MY EMPLOYEES AS YOU SAW IN MY PRESENTATION WHEN WE HAD ONE OF OUR EVENTS. I'M WELLING TO DO THAT ON CERTAIN BUSINEER DAYS.

BELIEVE THOSE ARE A VERY TAILORED COLLECTION OF THE BUSIEST DAYS THAT WE'VE EVER HAD AT THE PARK AND OF COURSE THOSE WERE THE ONLY ONES SHOWN. WHICH IS NOT EXACTLY A FAIR REPRESENTATION OF MY DAY-TO-DAY BUSINESS.

>> SO, NOW, I UNDERSTAND THAT. BUT, AGAIN, THE NEIGHBORS FOR THEM THAT'S A BIG DEAL. YOU'RE RUNNING A BUSINESS AND THEY'RE LIVING THERE. WE HAVE TWO COMPETING INTERESTS HERE AND WE AS A BOARD HAVE TO WEIGH THOSE AND MAKE THE BEST DECISION FOR

EVERYBODY. >> I THINK A FENCE WOULD BE A GREAT IDEA AND IT WOULD BE AESTHETICALLY PLEASING TO THE

NEIGHBORHOOD AS WELL. >> HOW ABOUT LANGUAGE

SPECIFICALLY TO VIOLATIONS? >> YES, TO THE CHAIR, I THINK AS YOUR SENIOR ASSISTANT TOLD YOU THERE'S STANDARD LANGUAGE THAT WE COULD PUT IN AND TAILOR THAT TO SAY PROVEN OR FOUNDED, YOU KNOW, VIOLATIONS. I THINK IN THE PAST, YEARS AGO WHEN I WAS HERE WE PUT SOME IN THAT SAID, YOU DON'T NECESSARILY WANT TO CHOOSE A NUMBER OF THEM. BUT YOU WANT TO MAKE IT CLEAR THAT THEY'RE FOUNDED. IF NOT YOU'RE GOING TO GET A BUNCH OF CALLS, IN OTHER WORDS TO BE FEAR. I THINK THAT THE DIRECTION THAT

WE'RE MOVING IS THE RIGHT WAY. >> WHAT I'M LOOKING FOR, I BELIEVE, MY UNDERSTANDING AS WELL, THE BOARD CAN DIRECT THE COUNTY ADMINISTRATOR, IF THERE'S AN APPEAL. BUT, I THINK THAT WE HAVE TO PUT IN A MECHANICISM THERE, IF THERE'S AN ISSUE, I THINK WE HAVE TO COME BACK AND ADDRESS THAT. MECHANISM BECAUSE WE HAVE RESIDENTS THAT LIVE THERE.

>> MR. CHAIRMAN, WE WOULD LIKE TO ASK KEN BURKE TO COME UP.

>> . >> CHAIR DEAN: YES.

>> GOOD MORNING, I'M THE CAPTAIN FOR THE SOUTH REGION OF

THE COUNTY. >> I UNDERSTAND THAT YOU ARE LIMITED ON WHAT YOU COULD SAY. CAN YOU PROVIDE US WITH IMPUT OR THOUGHTS ON THIS SITUATION THAT WE HAVE TO VOTE ON HERE.

>> WELL, FIRST AND FOREMOST, THE SHERIFF SUPPORTS SMALL BUSINESSES AND THE COMMUNITY AS A WHOLE. AND WHEN THE SCHNECKS CAME IN AND MET WITH WITH HIM. THEY REQUESTED PUBLIC RECORDS FOR THE THREE YEARS. I THINK THAT WE HAVE HAD TWO TRAFFIC CRASHES AND I BELIEVE THERE WERE THREE COMPLAINTS FOR PARKING ISSUES. ONE WE ISSUED A CITATION AND THE OTHER WAS RESOLVED. ANY OTHER COMMENTS OR QUESTIONS.

>> WHAT ARE THE MAJORITY OF THE DUI ARRESTS? ST. JOHNS

COUNTY? >> ALL OVER THE COUNTY. I WOULD SAY, IT'S 10-FOLD SINCE SHERIFF'S WAS ELECTED. I CAN'T PINPOINT ONE SPECIFIC AREA, IT'S THROUGHOUT THE COUNTY. WITH MY AREA IN THE SOUTH REGION, THREE OF MY GUYS HAD THREE JUST ON OUR SHIFT AND NOT COUNTING THE DUI UNITS.

>> FOR THE RESIDENTS OR NEIGHBORS THERE, IF WE HAVE THE NO PARKING SIGNS INSTALLED AND OTHER OPTIONS THERE, CAN Y'ALL

MAKE SURE IT'S ON A PATROL. >> WITH LAW ENFORCEMENT, WE'RE

[02:25:05]

PROACTIVE AND REACTIVE, A LOT OF THINGS THAT WE DEAL WITH THAT WE DON'T DO ON A "WE FIND" BASIS IS BROUGHT THROUGH THE COMMUNITY.

>> I KNOW Y'ALL DO REGULAR PATROLS.

>> YES, SIR. WE DO REGULAR PATROLS. IF YOU LOOK ON THE THREE YEAR STATS, ON THE PUBLIC RECORD WE HAVE ROUTINE PATROLS OUT THERE. AND I DID GO OUT THERE ON THE 21ST OF FEBRUARY AT 3:00 IN THE AFTERNOON, I SAW THE NO-PARKING SIGNS ALONG THE ROADWAYS AT THAT TIME THERE WERE NO VIOLATIONS, BUT I'M SURE IT'S HARD TO CONTROL WHAT PEOPLE DO. AND I THINK THEY'RE TRYING, AT LEAST, ON THEIR PART TO HAVE IT DONE. WE NEED THE COMMUNITY AS WELL TO CALL US IF THEY HAVE AN ISSUE.

>> WELL, SIGNS AND LAWS COMPLETELY WORKED, WE WOULDN'T

NEED TO HAVE LAW ENFORCEMENT. >> YES, SIR.

>> CHAIR DEAN: ANYTHING ELSE? COMMISSIONER ARNOLD DID YOU WANT

TO PROVIDE INPUT. >> I REALLY HOPE TO WORK OUT A WIN/WIN FROM BOTH SIDES. I DO SHARE THE TRAFFIC/PARKING CONCERNS. OBVIOUSLY, YOU GUYS CAN BE CALLED BUT WE DON'T WANT TO EAT UP OUR RESOURCES EITHER. I DO BELIEVE SOME OF THE ONUS LIES WITH THE BUSINESS OWNERS TO HELP MITIGATE THE PARK ISSUE. I WOULD HAVE LIKED TO SEE YOU WORK TOGETHER BETTER PRIOR TO NOW.

BUT IF WE COULD COME TOGETHER AND WORK OUT A SOLUTION, IMIDE LIKE TO SEE POSSIBLY A CONDITIONAL SITUATION IF THAT

COULD BE WORKED OUT. >> CHAIR DEAN: IF THERE ARE NO OTHER QUESTION, LET ME WEIGH IN IF I MAY. I HAVE REALLY TRIED MY BEST TO SUPPORT THE OWNERS OF THIS ESTABLISHMENT. I ADMIRE THEY ARE EFFORTS. WE ALL AS COMMISSIONERS I KNOW SUPPORT SMALL BUSINESS AND THIS COUPLE HAS DONE EVERYTHING THAT THEY CAN TO BE SUCCESSFUL AND PROVIDE A TREMENDOUS VENUE AND OPPORTUNITY FOR THOSE OF US IN THE LOCAL AREA TO VISIT AND ENJOY THE FOOD AND AMBIANCE OFFERED. I'M NOT IN THE POSITION TO SUPPORT ANY KIND OF CONDITIONAL PERMIT FOR BEER AND WINE ON THIS ESTABLISHMENT, BUT LET ME TELL YOU WHY. AND I HAVE FOUR FACTS I WANT TO HIGHLIGHT. NUMBER ONE: WHEN THIS APPLICATION WAS FIRST APPLIED FOR IN 2016 AND RECORD, THE APPLICANTS INDICATED NO BEER AND WINE WOULD BE SOLD. OVER TIME THE POSITION HAS CHANGED, THE RESIDENTS HAVE NOT.

>> NUMBER TWO, I'M LOOKING AT THE EVIDENCE OF TRAFFIC REPORTS AND I APPRECIATE THE INFORMATION THAT WE'VE RECEIVED, BUT AS ONE GENTLEMAN POINTED OUT DURING PUBLIC TESTIMONY, THOSE TRAFFIC REPORTS HAVE BEEN DONE OVER THE LAST THREE YEARS WHEN THERE WAS NO ALCOHOL SERVED AT THIS LOCATION. THE PROBLEM I HAVE IS WHAT HAPPENS WHEN WE GO FORWARD WITH ALCOHOL AT THAT LOCATION.

ALSO, THE PZA IN DECEMBER VOTED 5-1 NOT TO OVERTURN THEY ARE DENIAL. THEY DENY THIS HAD 5-1 AND I DO NOT FEEL COMFORTABLE OVERTURNING THE DENIAL. THE LAST ITEM THAT I WOULD LIKE TO ADDRESS IS PROPERTY RIGHTS. THE RESIDENTS OF MENENDEZ PARK HAVE EQUAL PROPERTY RIGHTS AS ANY BUSINESS OWNER. AND THOSE RESIDENTS AND PROPERTY RIGHTS ARE THE WHOLE REASON THAT THE U.S. SUPREME COURT OVER 100 YEARS AGO RECOGNIZED THAT PROPERTY RIGHTS ARE NOT UNLIMITED. THEY'RE LIMITED BY ZONING AND THAT WAS APPROVED AND I'M SURE, JEREMIAH, YOU LEARNED THIS IN FIRST YEAR PROPERTY LAW IN THE U.S. SUPREME COURT. SO, I'M ONCE AGAIN HAVING VOTED TO DENY THIS BEER AND WINE LICENSE AT A PREVIOUS COMMISSION. AND I WILL SAY THIS, VERY FEW DECISIONS HAVE COME TO ME IN THE LAST FIVE YEARS AS A COMMISSIONER THAT HAVE TORN ME EACH WAY SO STRONGLY. THIS IS REALLY GUT-WRENCHING FOR ME, TERMLY, AND I I WANT YOU TO KNOW THAT. WE DEAL WITH MULTIPLE MILLION DOLLAR DECISIONS AS A COMMISSION BUT THIS DECISION IS JUST AS IF NOT MORE GUT-WRENCHING BECAUSE IT'S A SMALL BUSINESS WITH A COUPLE TRYING THEIR BEST TO SUCCEED, BUT THERE ARE FACTUAL REASONS THAT I HAVE TO MAKE A DECISION TO COME DOWN ON THE SIDE OF THE RESIDENTS THAT HAVE SPOKEN OUT. I THINK VERY CLEARLY, BASED ON THE RECORD THAT IS IN THE FILED THAT'S BEEN ALLUDED TO AND MY

[02:30:06]

COMMENTS ABOUT THE TRAFFIC REPORTS, I FEEL LIKE I SHOULD SAY UP FRONT THAT I'M NOT IN A POSITION TO VOTE YES ON ANY TYPE OF DENIAL OR OVERTURN THE DENIAL OF THE PZA OR GO FORWARD WITH ANY TYPE OF CONDITIONAL PERMIT. WITH THAT SAID, I'LL ENTERTAIN A MOTION AT THIS POINT IF THERE'S ONE. OR IF NOT I'M PREPARED TO MAKE A MOTION. IS THERE A MOTION?

>> I DO NOT HEAR A MOTION, SO, I WILL MOVE TO DENY PLNAPPL 2021-06 SPECIAL PERMIT APPEAL UPHOLDING IN DENYING THE REQUEST FOR AN ON SITE SAIL AND CONSUMPTION OF BEER AND WINE IN CONJUNCTION WITH AN EXISTING RESTAURANT WITHIN CONDITIONAL COMMERCIAL INTENSIVE ZONING BECAUSE IT IS INCONSISTENT WITH SECTION 2.0, 3.0, 1.A OF THE LAND DEVELOPMENT CODE. IS THERE

A SECOND. >> I'LL SECOND, SO WE HAVE

DISCUSSION. >> CHAIR DEAN: ALL RIGHT, WE HAVE A MOTION AND A SECOND DO WE HAVE DISCUSSION?

>> I'D LIKE TO MAKE A COMMENT THIS IS COMMISSIONER WHITEHURST.

>> CHAIR DEAN: YES, SIR. >> I WANT TO SHED MORE LIGHT ON THE INTENT OF MY PROPOSAL EARLIER, BECAUSE, I THINK A LOT OF THIS IS BASED ON THE FEAR OF WHAT MAY HAPPEN SHOULD THEY GET THE SPECIAL USE PERMIT. I THINK IF WE GIVE THEM 6 MONTHS THEY WILL HAVE THE ENTIRE SUMMER TO SHOW WHAT THAT CAN AND CANNOT DO AND WE WILL HAVE CONCRETE HARD FACTS TO DRAW FROM AND HELP MAKE THIS DECISION. WHAT I SEE IS A COUPLE OF LOCAL BUSINESS OWNERS WILLING TO DO ANYTHING THAT WE ASK THEM TO DO IN ORDER TO MAKE THIS WORK. I JUST WANTED TO ADD THAT TO MY EARLIER COMMENTS AND AGAIN, COMMISSIONER DEAN, I HAVE A LOT OF RESPECT FOR YOUR DECISION BUT I RESPECTFULLY DISAGREE.

>> THANK YOU. >> AGAIN, MR. CHAIRMAN, I APPRECIATE YOUR POSITION, I THINK THAT YOU HAVE ARTICULATED THIS EXPERTLY, YOU KNOW, I WOULD LIKE TO SEE A SCENARIO WHERE THERE WERE SOME CONDITIONS, I THINK WITH SOMETHING AS CHARGED AS THIS, AND I THINK HAVING A BUILT-IN REV VOCATION WHERE IF WE STARTED EXPERIENCING THE CONCERNS THAT THE NEIGHBORS HAVE, WE HAD AN OPPORTUNITY FOR US AS A BOARD OR THE COUNTY ADMINISTRATOR TO WITH DRAW IT. I'M IN LINE WITH THE POSITION.

I CERTAINLY UNDERSTAND YOUR POSITION AND THIS IS A TOUGH CALL BUT I'M MORE IN LINE GIVING AN OPPORTUNITY TO SEE IF WE

COULD MOVE FORWARD WITH THIS. >> THIS IS OUR ONLY OPPORTUNITY TO HAVE A CONVERSATION AND TALK, SO, I THINK IT'S IMPORTANT FOR US TO HAVE THIS CONVERSATION. BUT, I CERTAINLY UNDERSTAND YOUR

POSITION, SIR. >> CHAIR DEAN: ANYONE ELSE

WANT TO WEIGH IN. >> I DO, APPRECIATE, LIKE I SAID, BOTH SIDES. WHAT THE NEIGHBORS ARE CONCERNED OF IS THAT IT'S A SLIPPERY SLOPE. I THINK BECAUSE IT WASN'T APPLIED FOR INITIALLY, I THINK MAY BE THERE'S A CONCERN OF A BAIT AND SWITCH, BUT I DO SUPPORT A 6-MONTH TO COME BACK AND REEVALUATE AND SEE IF THEY DO WHAT THEY SAID THEY WOULD DO AND IF THEY DON'T IN SIX MONTHS, WE'LL LOOK AT IT AGAIN.

>> CHAIR DEAN: I'VE HEARD AT LEAST THREE COMMISSIONERS TELL ME HERE TODAY THEY WOULD LIKE SOME TYPE OF CONDITIONAL APPROVAL TO GO FORWARD AND COME BACK AND BASED ON THE FACT THAT THREE BEATS TWO. EVERYDAY. I WOULD WITH DRAW MY MOTION IF THE SECONDER WITH DRAWS HIS SECOND AND IF SOMEONE WOULD MAKE A MOTION TO ADDRESS SOME TYPE OF CONDITIONAL PERMIT. BECAUSE I OBVIOUSLY WANT TO GO WITH THE MAJORITY OF THE BOARD JUST AS WE GO WITH THE MAJORITY OF VOTERS DURING ELECTIONS.

>> PAUL? >> YES, SIR, I WITH DRAW.

>> CHAIR DEAN: SO, THE FLOOR'S OPEN IF A COMMISSIONER WOULD LIKE TO PROPOSE SOME TYPE OF CONDITIONAL MOTION IF THAT'S

THE DESIRE OF THE BOARD. >> COMMISSIONER WHITEHURST?

>> YES, SIR, I WOULD BE PROUD TO MAKE THIS MOTION. I'M GOING TO MAKE A MOTION TO APPROVE THE PLNAPPL 2021-06 SPECIAL USE PERMIT APPEAL OVERTURNING THE DECISION OF THE PLANNING AND ZONING AGENCY AND APPROVING THE REQUEST TO ALLOW FOR ON-SITE SALE AND CONSUMPTION OF BEER AND WINE UNDER THE REGULATION OF THE STATE OF FLORIDA TYPE 2 COP LICENSE IN CONJUNCTION WITH AN EXISTING RESTAURANT WITHIN ADDITION COMMERCIAL INTENSIVE ZONING CONSIST WENT WITH 2.03.1 A WITH THE CONDITION THAT THIS

[02:35:07]

APPROVAL LASTS ONLY SIX MONTHS AT WHICH TIME IT WILL COME BACK TO THE BOARD OF COUNTY COMMISSIONERS FOR REVIEW.

>> WOULD YOU CONSIDER ADDING TO THAT FENCING AND SIGNAGE AS

WELL. >> YES, SIR, I THOUGHT THOSE WERE GREAT IDEAS, MY APOLOGIES FOR NOT INCLUDING THOSE IN MY

MOTION. YES. >> IN THAT CASE, I'LL SECOND

THAT MOTION. >> CHAIR DEAN: WE HAVE A MOTION AND A SECOND. MS. ARNOLD?

>> I WOULD LIKE TO PUT IN A CONDITION IN TERMS OF CLOSING TIME. I THINK WE NEED THOUGH LOOK AT POSSIBLE AN 8:00 P.M.

CLOSE. >> AND MS. ARNOLD WANTS AN 8:00 P.M. CLOSE REGARDLESS OF THE SEASON IF THAT HELPS TO MOVE

THAT. >> I THINK 10:00 IN A RESIDENTIAL AREA IS MUCH TOO LATE.

>> I AGREE MR. CHAIRMAN, THROUGH THE CHAIR. JUST A CLARIFICATION, WOULD THAT BE CLOSED THE RESTAURANT ENTIRELY

OR CEASE OF ALCOHOL SALES? >> I DON'T KNOW. I RECOMMEND THAT WE CEASE ALCOHOL SALES AT A CERTAIN TIME. BECAUSE, I BELIEVE THEY MENTIONED SOMETIMES THEY'RE OPEN LATER.

>> SO, THE INITIAL APPROVAL WHEN THEY GOT THE CI ZONING AND THE FOOD TRUCK PARK WAS APPROVED. I BELIEVE THEY WERE ALLOWED TO BE OPEN UNTIL 10:00. I THINK THEY TESTIFIED EARLIER THEY'RE ONLY OPEN UNTIL 9:00 P.M. EXCEPT IN THE SUMMER WHEN THERE'S A MOVIE NIGHT FOR THE KIDS. BUT, I THINK THEY'RE WILLING TO BRING THAT BACK IF WE COULD SAY, 8:30 THAT'S KIND OF A COMPROMISE. OR 8:00 IS FINE. THEY WANT TO PROVE THAT THEY'RE

GOING TO BE GOOD STEWARDS. >> SO, I'D SUPPORT 8:00.

>> I THINK 8:00. >> SURE.

>> THANK YOU. >> OKAY. MIKE, DID YOU WANT TO

ADD ANYTHING? >> I WANT TO BE CLEAR ON THE CONDITIONS AND SPECIFICALLY THE FENCING IF THE APPLICANT CAN COME UP AND POINT OUT I HAVE AN AERIAL IMAGINE AND I WOULD LIKE

TO BE CLEAR TO ENFORCE CLEARLY. >> I THINK ON THE YELLOW MAP THAT WE HAVE ATTACHED TO THE PROPOSED ORDERS IN YOUR PACKET,

RIGHT? >> IS THAT IN YOUR PACKET, THE

YELLOW MAP? >> I BELIEVE IT'S EXHIBIT B TO

THE PROPOSED ORDER. >> YES, SO THE ONLY AREA THAT'S NOT REALLY SECTIONED IN, I GUESS BECAUSE OF THE FOOD TRUCKS MAKE THEIR OWN BARRIER, WOULD BE THE SECTION BY THE TREE WHICH BORDERS THE NEIGHBORHOOD. I WOULD RECOMMEND A FENCE AROUND THE CEDAR TREE AREA THAT WOULD ENCLOSE EVERYTHING IN.

>> AND MAY BE WE COULD SAY THAT THE PARK ITSELF NEEDS TO BE ENCLOSED AND IF THERE'S ANY OPEN AREAS, THERE NEED TO BE A FENCE

THERE. >> SOMETHING TO THAT EXTENT, BECAUSE OBVIOUSLY, IF YOU HAVE THE TRUCKS OR TREES OR BUSHES OR SOMETHING LIKE THAT, THAT ENCLOSES THAT, BUT TO SOME EXTEND, MAY BE WE COULD HAVE LANGUAGE TO THE EXTENT THAT THE FOOD TRUCK PARK AREA OF CONSUMPTION FROM THE EXHIBIT ATTACHED TO THE ORDER MUST BE ENCLOSED IF THERE'S ANY OPEN AREAS, THERE MUST BE AT LEAST A MINIMUM 3-FOOT FENCE OR

SOMETHING TO THAT EXTENT. >> AND WHAT I'M LOOKING FOR IS A WAY TO CONTAIN THE PATRONS AND KEEPING PEOPLE FROM RANDOMLY DRIVING IN THAT AREA. I THINK THAT'S WHERE A LOT OF THESE POTENTIAL ISSUES ARE BEING SEEN. IS THAT CLEAR?

>> YES, SIR. >> CHAIR DEAN: SO, MIKE, YOU'RE COMFORTABLE AS DIRECTOR OF GROWTH MANAGEMENT THAT WE HAVE A MOTION THAT IS CAPABLE OF BEING ENFORCED WITH CONDITIONS THAT HAVE BEEN ADDED. I WANT TO BE SURE THAT WE HAVE A CLEAR RECORD AND THE ACTION THAT WE'RE TAKING.

>> AND ALSO A TIME LIMIT. >> THERE ARE A NUMBER OF CONDITIONS INCLUDING THE 6-MONTH PERIOD. AS WE SIT AND VOTE, I

[02:40:02]

WOULD TO BE BE SURE THAT WE ALL KNOW WHAT WE'RE VOTING ON. I WOULD LIKE A SUMMARY AND I WOULD LIKE THE APPLICANT TO AGREE TO THAT SUMMARY, AND WHETHER THAT VOTE RISE SE OR FALLS, AND IF IT RISES AND PASSES, WE KNOW WHAT EVERYBODY'S IN AGREEMENT ON.

>> YES, SIR, I THINK THAT WE'RE CONFIDENT THAT WE CAN EVALUATE THAT AND MAKE SURE THAT THE FENCE IS INSTALLED LIKE WISE WE HAVE CASES TO EVALUATE UP TO THE 6-MONTH PERIOD WHEN IT COMES

BACK. >> CHAIR DEAN: MR. WHITEHOUSE WOULD YOU LIKE TO CLARIFY ANYTHING.

>> SO, ALCOHOL SALES NEED TO STOP AT 8:00 P.M., BUT THEY COULD BE OPEN FOR THE HOURS THAT THEY'RE ALREADY APPROVED FOR UNDER THE ZONING, IS THAT CORRECT?

>> THAT IS CORRECT. >> MR. CHAIR, MAY I ASK FOR A

FEW POINTS OF CLARIFICATION? >> PLEASE. PLEASE, BETTER

TODAY THAN NEXT WEEK. >> REGARDING THE SIGNAGE I ASSUME THAT'S THE SIGNAGE DISCUSSED DIRECTING PATRONS TO THE OVERFLOW PARKING AND THERE WERE ALSO DISCUSSION INCLUDING REVOCATION FOR VIOLATION. IS THAT INCLUDED AS WELL.

>> I THINK IT'S GOING TO BE BROUGHT BACK TO THE BOARD FOR I GUESS, APPROVAL GOING FORWARD. WE'RE BASICALLY DOING A 6-MONTH CONDITIONAL APPROVAL WITH CONDITIONS IN PLACE. SO, AT SOME POINT IT IS GOING TO HAVE TO CAM BACK, MR. CHAIRMAN. SO, I THINK AT THAT POINT, WELCOME EVALUATE THE FACTS. I WOULD NOT BE LOOKING FOR THAT REVOCATION LANGUAGE NOW. I THINK WE CAN SEE WHAT HAPPENS IN SIX MONTHS WHEN IT COMES BACK TO THE BOARD.

>> WHEN IT COMES BACK TO THE BOARD THAT WILL BE A QUASI-JUDICIAL HEARING EXTENDING.

>> I JUST WANT TO MAKE SURE, YES, SIR, FOR MR. SHINGS SHINGS SHINGS SHINGS SHINS SHINS SHINS SCHNECK SCHNECK SHINGS SHINGS SHWE HAVE TO SEE DEMONSTRATION, I KNOW YOU GUYS WILL, BUT I WANT TO BE SURE THAT'S CLEAR. MY

SUPPORT'S CONTINGENT ON THAT. >> CHAIR DEAN: OKAY. SO WE HAVE A MOTION AND A SECOND FOR A CONDITIONAL PERMIT WHICH WE WILL REVIEW AGAIN IN SIX MONTHS, IS THAT A CLEAR UNDERSTANDING?

>> YES, SIR. >> CHAIR DEAN: WE'RE GOING TO HAVE A VOICE -- I'M GOING TO HAVE A VOICE VOTE BECAUSE THIS IS NOT FUNCTIONING. SO, WE'LL NOW VOTE. COMMISSIONER

WHITEHURST? >> YES.

>> COMMISSIONER WALDRON? >> YES.

>> COMMISSIONER BLOCKER? >> YES.

>> COMMISSIONER ARNOLD? >> YES.

>> AND I VOTE NO. SO, IT PASSES 4-1.

>> (APPLAUSE). >> CHAIR DEAN: OKAY. IT'S NOW WE GOT ABOUT 15 MINUTES BEFORE LUNCH IF WE WANT TO TAKE

[2. Public Hearing * NZVAR 2021-12 North Beach Subdivision Easement. Request for a Non-Zoning Variance to Section 6.02.01.B.3.a of the Land Development Code to allow for the use of an easement for access within a platted subdivision.]

A LUNCH BREAK BUT WHAT I WOULD LIKE TO TRY AND DO AT THIS POINT

IS WE HAVE AT LEAST THREE ITEMS. >> OKAY. FOLKS, PLEASE NO DISRUPTIONS WHILE WE'RE CONDUCTING BUSINESS. LET'S TRY AND KNOCK OUT THREE OR FOUR ITEMS BEFORE LUNCH BREAK BECAUSE WE HAVE A COUPLE OF ITEMS AT THE END THAT WILL TAKE AWHILE.

LET'S GO TO ITEM 2. >> OKAY. FOLKS WE NEED EVERYONE TO MOVE OUTSIDE SO WE COULD CONTINUE WITH OUR AGENDA.

>> CHAIR DEAN: WE NEED TO MOVE AHEAD WITH OUR AGENDA, PLEASE TAKE ANY CONVERSATIONS OUTSIDE OF THE CHAMBER. THANK

YOU. >> ITEM. YES, SIR.

>> MR. CHAIRMAN, COMMISSIONERS, I THINK IT'S STILL MORNING, GOOD

MORNING. >> CHAIR DEAN: AND THIS IS QUASI GERBIL. THIS IS NORTH BEACH SUBDIVISION EASEMENT. ANY

EX-PARTE? >> NONE MR. CHAIRMAN.

>> CHAIR DEAN: PAUL? >> I'VE NONE.

>> NONE MR. CHAIRMAN. >> CHAIR DEAN: SORRY, SIR, GO

AHEAD. >> I'M CHARLES PELLICER AND

[02:45:09]

WE'RE ASKING FOR AN EASEMENT FOR ACCESS WITHIN A PLATTED SUBDIVISION. THE PARTICULAR PIECE OF IS A 50-FOOT BY 110 FOOT PARCEL OF PROPERTY AT THE SOUTHERN TERMINOUS OF MYRTLE AVENUE IN NORTH BEACH. WE'RE SEEKING AN EASEMENT OVER THAT PORTION OF PROPERTY AND REALLY, THE EASEMENT WOULD SERVE TWO PORTION OF PROPERTY. THE TERMINACE OF MYRTLE ROAD WOULD BE THE END OF THE EASEMENT. THE NORTH BEACH INVESTMENT WOULD CREATE THE EASEMENT, WE'RE LOOKING FOR AN UNPAVED DRIVING SURFACE IN ORDER TO PREVENT RUNOFF INTO THE COASTAL WATERWAY. THIS IS WHAT WE REQUESTED AND THIS IS THE LOCATION AND YOU COULD SEE TEST AT THE SOUTHERN TERMINUS OF THE EASEMENT IS ENOL ESSENTIAL MYRTLE STREET. IT'S OWNED BY NORTH BEACH INVESTMENT. THEY WOULD CREATE A MAINTENANCE AGREEMENT BETWEEN THE OWNER OF THE EASEMENT SO IT WOULD NOT BE A BURDEN ON THE COUNTY IN ANY WAY TO MAINTAIN THAT EASEMENT.

THERE'S ONLY TWO LAND PARCELS THAT WOULD BE USING THE EASEMENTS, SO IT'S NOT THOROUGHFARE OR A LOT OF VEHICLES THAT WILL BE COMING THROUGH.

>> CHAIR DEAN: ANY QUESTIONS? >> OKAY. LET'S GO TO PUBLIC

COMMENT ON ITEM 2. >> AT THIS TIME, THE BOARD WILL HEAR PUBLIC COMMENT ON AGENDA ITEM 2, IF YOU HAVE PUBLIC COMMENT, WE HAVE TWO PODIUMS PLEASE COME FORWARD.

>> YES, SIR. >> NAME AND ADDRESS?

>> (INAUDIBLE) >> (INDISCERNIBLE) KEVIN PARTAL, 4230 MYRTLE STREET ST.

AUGUSTINE, FLORIDA. COMMISSIONER DEAN, ALWAYS WONDERFUL SEEING YOU. COMMISSIONER WALDRON, WE'VE KEPT YOU IN OUR PRAYERS FOR A LONG TIME AND IT'S NICE TO HEAR YOU.

COMMISSIONER WHITEHURST ON THE PHONE, IT'S NICE TO HEAR YOU AGAIN. COMMISSIONER ARNOLD AND COMMISSIONER BLOCKER, I DON'T TYPICALLY APPEAR BUT I'M KNOWN. I'M IN FULL AGREEMENT WITH THIS.

IF YOU WOULD LIKE TO PUT THE PICTURE BACK UP. FRANK AND I HAVE BEEN NEIGHBORS FOR 30 YEARS. I BUILT MY HOUSE AND BOUT THE PROPERTY IN '88, ANAL NO TOP RIGHT-HAND CORNER HOUSE THAT CLEARED SPOT JUST OUTSIDE THE EASEMENT, THAT'S MY PROPERTY AS WELL. SO, YES. THEY JUST RECENTLY SOLD THE PROPERTY, SO, KEEPING THE INTEGRITY OF THE AREA, KEEPING IT A SOFT ACCESS, YOU KNOW, ALLOWING THE CHARACTER OF THE AREA TO STAY AS YOU COULD SEE, I HAVE TWO AND-A-HALF PROPERTIES, 2 AND-A-HALF ACRES THERE, 260 FEET ACROSS 400 FEET BACK. I DIDN'T TAKE DOWN ANY OF MY TREES EXCEPT WHERE MY HOUSE IS. WE LOVE THE AREA. WE'RE VERY SUPPORTIVE OF IT. WE'RE SO GLAD THAT IT CAME THIS WAY AND NOT BEING FORCED INTO A HARD RIGHT-OF-WAY. IT WOULDN'T BE FAIR TO US, ESPECIALLY NOT THE NEIGHBORHOOD. PEOPLE ENJOY IT.

OTHER THAN SAYING PLEASE, WE HOPE THAT YOU GRANT THIS, I APPRECIATE Y'ALL LETTING ME TALK.

>> THANK YOU, SIR. >> ANY FURTHER PUBLIC COMMENT ON THIS AGENDA ITEM 2? SEEING NONE.

[02:50:01]

>> CHAIR DEAN: IF THERE ARE NO BOARD QUESTIONS, I'M PREPARED TO MAKE A MOTION IN DISTRICT FIVE AND I'LL MOVE TO APPROVE, NZVAR 2021 EASEMET REQUEST FOR A NONZONING VARIANCE TO A LAND DEVELOPMENT CODE TO SECTION 1602 HADN'T 01.B.3.A TO ALLOW USE FOR ACCESS IN A PLOTTED AND SUBJECT TO FIVE CONDITIONS AS LISTED IN

THE STAFF REPORT. >> SECOND.

>> ALL RIGHT. WE HAVE A MOTION AND A SECOND.

>> CHAIR DEAN: COMMISSIONER WHITEHURST?

>> YES. >> CHAIR DEAN: COMMISSIONER

WALDRON? >> YES.

>> CHAIR DEAN: COMMISSIONER BLOCKER?

>> YES. >> CHAIR DEAN: COMMISSIONER

ARNOLD? >> YES.

>> CHAIR DEAN: AND I VOTE YES. THAT PASSES 5-0. ITEM

THREE. ITEM THREE. >> MR. CHAIR, THIS ITEM'S

QUASI-JUDICIAL AS WELL. >> CHAIR DEAN: RIGHT. ON ITEM THREE, FIRST NZVAR ON THREE, COMMISSIONER WHITEHURST,

ANY EX-PART TAKE? >> NONE MR. CHAIRMAN.

>> COMMISSIONER WALDRON? >> NONE, MR. CHAIRMAN.

>> CHAIR DEAN: COMMISSIONER ARNOLD?

>> NONE MR. CHAIRMAN. >> CHAIR DEAN: COMMISSIONER

BLOCKER? >> NONE MR. CHAIRMAN.

>> CHAIR DEAN: I HAVE NON. >> I'M GARY DAVENPORT REPRESENTING THE APPLICANT. THIS ITEM IS TWO BLOCKS AWAY AND DISTINGUISHING BETWEEN THIS AND THE PREVIOUSLY ONE IS THAT THE ACCESS TO MY CLIENT'S PROPERTY IS ACTUALLY A OPEN NOT OPEN, IT'S A LEGAL COUNTY RIGHT-OF-WAY BUT IT'S NEVER BEEN OPENED OR APPROVED. SO, WHAT WE'RE ASKING FOR IS NOT AN EASEMENT, BUT WE'RE ASKING TO USE EASEMENT STANDARDS AND KEEP IT AS NATURAL AS POSSIBLE. USING EASEMENT STANDARDS WITHIN THE RIGHT-OF-WAY. AS YOU COULD SEE FROM THE AERIAL THIS IS THE PROPERTY IN QUESTION. AND, IT IS IMMEDIATELY NORTH OF CAPS.

SO THE ONLY THING SEPARATES THIS PROPERTY FROM CAPS IS THE COUNT RIGHT-OF-WAY AS YOU COULD SEE FROM THE AREA HEAVILY VEGETATIVE. YOU COULD SEE THE FIRST STREET RIGHT-OF-WAY THERE.

THAT AREA WITHIN THE RIGHT-OF-WAY IS THAT WE DON'T HAVE TO CUT DOWN THOSE TREES, THEY SERVE AS A NATURAL VISUAL AND SOUND BARRIER AND PROTECTS THAT AREA FROM THE NORTH FROM SOME OF THOSE IMPACTS. THE HOUSE ON THE CORNER OF MYRTLE AND FIRST, AND THE LOT WITHIN BLUE WHICH HAS A HOUSE ON IT HAS A GRANDFATHERED EASEMENT THROUGH FIRST STREET. THIS IS A SITE PLAN SHOWING HOW WE'LL PUT A DRIVEWAY ON THE NORTH SIDE OF THE RIGHT-OF-WAY TO PROTECT THE TREES. THE PURPOSE IS PROTECTING THE CHARACTER OF THE NEIGHBORHOOD. NOT TO BENEFIT.

THE ONLY OTHER WAY TO GET ACCESS TO THIS LEGAL LOT OF RECORD WOULD BE TO PUT PAVEMENT, DRAINAGE, ALL OF THAT TO SERVE ONE LOT. HERE ARE A FEW PICTURES SHOWING THE EXISTING DRIVEWAY THAT'S IN THE RIGHT-OF-WAY THAT GOES UP TO THE SECOND HOUSE AND THEN YOU COULD SEE THE CLEARING IN THE BACK IS WHERE THE NEW HOUSE WILL BE ALONG THE INNER COASTAL. AND THAT'S BASICALLY, ALL THE RED IS IN THE RIGHT-OF-WAY NEXT TO THE BUSINESS SIDE. AND AGAIN, LOOKING BACK FROM THE LOT BACK TO MYRTLE STREET, YOU COULD SEE THE POWER LINES AT THE EDGE OF THE RIGHT-OF-WAY AND EVERYTHING WILL BE KEPT TO THE NORTH PART OF THE RIGHT-OF-WAY. WITH THAT I'M AVAILABLE FOR QUESTIONS.

>> CHAIR DEAN: WE'LL TAKE PUBLIC COMMENT ON ITEM 3.

>> AT THIS TIME, WE'LL HEAR PUBLIC COMMENT ON AGENDA ITEM 3.

PLEASE LINE UP HIND THE PODIUMS. >> I'M ZACH SMITH, 509 NORTH POINT ROAD AND I WAS ONE OF THE HOUSES DIRECTLY NORTH OF HIS PROPERTY AND WE SUPPORT HIS VARIANCE -- HIS REQUEST FOR VARIANCE, PRIMARILY FROM THE NOISE STAND POINT. A LOT OF PEOPLE GO TO THE RESTAURANT THERE, AND DURING THOSE HOURS IT CAN GET NOISY AT TIMES. BUT, ALSO WHEN THEY COME IN IN THE

[02:55:08]

MORNING. HAVING THE TREES TAKEN DOWN AND INTRODUCING US AND A LOT OF OUR NEIGHBORS TO MORE NOISE. THANK YOU VERY MUCH FOR

YOUR TIME. >> YES, I'M PETER SAYBO AND I LIVE AT 504 NORTH POINT ROAD WHICH IS NORTH OF ZACH'S HOUSE.

THE COMMUNITY AS IT IS, STEWS ME, IS A TIGHT LITTLE GROUP OF PEOPLE, THERE'S A LOT OF PRESSURE BEING PUT ON US, BY THE RESTAURANT AND BY ALLOWING THIS VARIANCE WHICH I SUPPORT, 100%, IT WILL, MAINTAIN THE BUFFER THAT ZACH WAS JUST TALKING ABOUT. SO, I THINK IT'S IMPORTANT FOR OUR COMMUNITY NORTH AND SOUTH TO MAINTAIN THIS BUFFER. THANK YOU.

>> THANK YOU, SIR. >> KEVIN PARTELL, 4230 MYRTLE STREET. I LIVE DOWN THE ROAD FROM THEM TOO AND I'M IN FULL SUPPORT IT'S THE SAME THING AS THEY ALL MENTIONED. WITHOUT THAT BARRIER CAPS WOULD BE UNBELIEVABLE. AND IT'S ONLY BECAUSE OF THAT BARRIER THAT PEOPLE DO SURVIVE. SO, TO KEEP THE INTEGRITY. AND THE NATURALNESS OF IT, PLEASE

CONSIDER APPROVING THIS. >> OKAY.

ANY FURTHER PUBLIC COMMENT ON AGENDA ITEM NUMBER 3.

PLEASE COME FORWARD. I WOULD MOVE TO APPROVE THE REQUEST FOR NONZONING VARIANCE LAND DEVELOPMENT CODE SECTION 6.04 POINT A .1 TO ALLOW ACCESS MEETING THE COUNTY'S EASEMENT WITH AN UNOPENED COUNTY RIGHT-OF-WAY SUBJECT TO FIVE

[4. Public Hearing * MAJMOD 2021-19 Julington Lakes. A request to modify the Julington Lakes PUD, Ordnance No. 2014-46 to allow up to 46,000 square feet of Neighborhood Commercial uses on a 4.54 acre parcel that was previously used for construction staging, located at 3264 Longleaf Pine Parkway. The Planning and Zoning Agency recommended approval with a 5-0 vote at its January 20, 2022 regular meeting.]

CONDITIONS AS LISTED STAFF REPORT.

>> SECOND. >> I HAVE A MOTION AND SECOND BY COMMISSIONER WALDRON. COMMISSIONER WHITEHURST.

>> YES. >> COMMISSIONER WALDRON.

YES, SIR. >> COMMISSIONER ARNOLD, YES.

>> I VOTE YES. NEXT ITEM 4.

ITEM 4 I BELIEVE IS OUR LAST QUASI JUDICIAL.

COMMISSIONER WHITEHURST. >> YES, SIR, MR. CHAIR I HAD A MEETING BY PHONE YESTERDAY WITH JEREMY HANSON AT APPROXIMATELY 1:00 P.M. AND DISCUSSED THE PROPERTY.

AND GROWTH MANAGEMENT WAS ALSO ON THE PHONE DURING THE MEETING.

THAT'S ALL I >> COMMISSIONER

>> >> BLOCKER.

>> NAN. >> NONE, ARNOLD, NONE MR. CHAIRMAN. I HAVE NO ONE.

>> MY NAME IS JIM YOUNG, MY ADDRESSES 10117 CROSS GREEN WAY IN JACKSONVILLE. AND I AM THE AGENT FOR TOLL BROTHERS. I HAVE CHRIS STRAHAN ON THE DEVELOPMENT TEAM WITH TOLL IF NEEDED.

THIS IS A SUMMARY OF OUR APPLICATION OF WE ASK A MAJOR MODIFICATION TO THE LAKES PUD 201446 TO ALLOW NEIGHBORHOOD COMMERCIAL USE ON A VACANT 446 PARCEL FRONTING AS A CONSTRUCTION STAGING AREA. THERE'S NO OTHER CHANGES THAT ARE REQUESTED TO THAT EXISTING ORDINANCE.

RESIDENTIAL B IS THE LAND USE AND IT ALLOWS FOR NEIGHBORHOOD COMMERCIAL USES. OUR APPLICATION COMPLIES WITH ALL REQUIREMENTS OF THE LDC. ALL ST. JOHNS COUNTY DEPARTMENTS HAVE REVIEWED, SIGNED OFF OR HAD COMMENTS ADDRESSED OR ACKNOWLEDGED. WE DID HAVE A COMMUNITY MEETING AND NO ATTENDEES FROM NEIGHBORS CAME AND THE PZA APPROVED 5-0 ON JANUARY 20TH. SO THESE ARE THINGS YOU ALL KNOW ABOUT THE FINDINGS OF FACT THAT WAS FULLY CONSIDERED AT THE PUBLIC HEARING. IT WAS CONSISTENT WITH THE GOALS, OBJECTIVES AND POLICIES. IT'S CONSISTENT WITH PART 5.05 C OF THE LDC. CONSISTENT WITH 5.0330 LDC AND OBVIOUSLY CONSISTENT FOR ADEQUACY OF FACILITIES.

THE TO THE MASTER DEVELOPMENT PLAN AND TEXT MEETS ALL REQUIREMENTS OF SECTION 5.0302-G OF THE LDC.

[03:00:07]

THIS BEING DID NOT ADVERSELY AFFECT THE ORDERLY DEVELOPMENT OF ST. JOHNS COUNTY AND COMPATIBLE WITH THE EXISTING TRENDS OF THE AREA. THIS IS THE LOCATION MAP IN DISTRICT ONE. ON LONG LEAF PINE PARK WAY EAST OF THE VETERAN'S PARK AND JUST, YEAH JUST WEST OF VETERAN'S PARK AND EAST OF ABERDEEN. THIS IS FLU MAP SHOWN IN RESIDENTIAL B. THE ZONING IS EXISTING PUD.

THE ZONE MAP SHOWS ITS X AND THIS IS AN ARIEL MAP WHICH SHOWS THE CURRENT STAGING AREA RIGHT THERE ON THE PROPERTY.

AND THIS IS JUST FOR YOUR PURPOSE A COPY OF A SURVEY OF THIS PARTICULAR PARCEL, IT'S KNOWN AS TRACK Q.

IT'S A PLATTED PARCEL IN THE PLAT MAP OF THE COUNTY.

ALL THE USES THAT ARE ALLOWED UNDER SECTION 2.0201 D ARE LISTED IN THE NARRATIVE OF THE TEXT WITH THE EXCEPTION OF A MARINA WHICH MARINA WOULDN'T BE APPLICABLE IN THIS CASE.

SO WE HAVE HAD NO COMMENTS OR QUESTIONS FROM ANY NEIGHBORS.

NONE HAVE BEEN RECEIVED BY THE PLANNING DEPARTMENT STAFF OR BY US. PZA DETERMINED THE SIX FINDINGS OF FACT FOR APPROVAL WERE MET AND VOTED 5-0.

SO WE RESPECTFULLY REQUEST APPROVAL FROM YOUR BOARD OF COUNTY COMMISSIONERS. THANK YOU VERY MUCH.

>> THANK YOU. QUESTIONS FROM THE BOARD AT THIS POINT? IF NOT, WE WILL TAKE PUBLIC

COMMENT. >> I DID HAVE ONE QUESTION.

>> I JUST HAD A QUICK QUESTION ABOUT THE AREA AS FAR AS LONG LEAF THERE. PUTTING SOME OF THE COMMERCIAL USES THERE. HOW WOULD THAT IMPACT TRAFFIC?

>> WELL THEY WERE NO CONCERNS FROM THE TRAFFIC DEPARTMENT OR THE PLANNING DEPARTMENT BUT DID NOT REQUIRE A TRAFFIC STUDY.

>> ONE OF THE REASONS I'M ASKING IS OFTEN COMES UP LATER IN THESE DISCUSSIONS IS MORE GOES IN THERE.

RIGHT NOW YOU DON'T HAVE DEVELOPMENT PLANS FOR THAT AREA?

>> HAVE NO DEVELOPMENT >> OKAY.

THANK YOU. PUBLIC COMMENT.

>> OKAY WE'RE GOING TO PUBLIC COMMENT AT THIS TIME ON AGENDA ITEM 4. PLEASE COME FORWARD.

PUBLIC COMMENT ON AGENDA ITEM 4. MR. CHAIRMAN, I DON'T SEE ANYONE

COMING FORWARD. >>CHAIR DEAN: IF THERE ARE NO QUESTIONS, IS THERE A MOTION ON 4.

THIS IS IN DISTRICT 1. COMMISSIONER WHITEHURST.

DO YOU HAVE THE STAFF BOOK IN FRONT OF YOU OR WOULD YOU LIKE ME TO MAKE A MOTION? YES, SIR I'M HAPPY.

I'M GOING TO MOVE TO ENACT 2022 --

>> 15. >> APPROVING MAJOR MODIFICATION 2021-19 JUNINGTON LAKES BASED ON SIX FINDINGS OF FACT PROVIDED IN

THE STAFF REPORT >> IS THERE A SECOND?

>> SECOND. >> MY HAVE A MOTION AND SECOND

[5. Ponte Vedra Blvd Dual Driveway Amendment - 1st Reading. Amend Section III of the Ponte Vedra Zoning District Regulations to modify driveway separation requirements.]

BY COMMISSIONER ARNOLD. WE WILL NOW TAKE VOICE VOTE.

COMMISSIONER >> YES.

COMMISSIONER >>

COMMISSIONER >> YES, SIR.

>> COMMISSIONER ARNOLD. YES.

>> AND I VOTE YES. THAT PASSES 5-0.

WE ARE ON ITEM FIVE, WHICH IS THE PONTE VEDRA ZONING REGULATIONS. WHO IS PRESENTING?

>> GOOD AFTERNOON. OFFICIALLY.

MY NAME IS BRAD WESTER. I'M AT 500 MORNING SIDE DRIVE.

I'M REPRESENTING THE MUNICIPAL DISTRICT IN PONTE VEDRA BEACH.

I'M HERE PRESENTING THIS. STAFF IS THERE IF WE NEED THEM.

THIS IS BASICALLY A FOLLOW UP ITEM AND I DO HAVE A PRESENTATION. I THINK IT'S LOADED UP AND I WILL GET TO THAT. BUT AS AN OVERVIEW OF THIS, IT'S ESSENTIALLY A CODE UPDATE AND AMENDMENT TO THE PONTE VEDRA ZONING DISTRICT. IT WILL BE INCLUDED IN THE PONTE VEDRA ZONING DEVELOPMENT REGULATIONS.

BASICALLY WHETHER IT SAYS, WILL BE INCLUDED AS ITEM NUMBER 12.

AS CAN CURRENTLY STOPS AT 11. LOTS ZONED R 1 A AND R 1 B AND LOCATED ON COUNTY ROAD 203 WHICH IS PONTE VEDRA BOULEVARD, WITHIN THE PONTE VEDRA ZONING DISTRICT MAY BE PERMITTED TWO DRIVEWAY CONNECTIONS. DRIVEWAYS SHALL FOLLOW THE DESIGN STANDARDS 60405 C1 OF THE ST. JOHNS COUNTY LAND DEVELOPMENT. THIS REALLY PUTS A SPECIFIC DRIVEWAY DEVELOPMENT REGULATIONS AND I WILL MOVE THROUG THE

[03:05:04]

SPECIFICS OF THIS PRIOR TO OPENING UP DISCUSSION.

THIS SEGMENT RUNS IN JACKSONVILLE BEACH LINE ALL THE WAY DOWN PAST MIKE LERS TO A 1 A THAT'S THE SEGMENT IN DISCUSSION HERE TODAY. THE OBJECTIVE OF TODAY IS TO ALLOW DUAL DRIVEWAYS ON PONTE VEDRA COUNTY ROAD 20 THREE BY RIGHT TO MATCH THE EXISTING CONDITIONS AND CHARACTER OF THE BOULEVARD. THE CURRENT CODE DO NOT MEET WILL EXISTING CONDITIONS OF PONTE VEDRA.

THE CURRENT CODE SECTION READS, SINGLE FAMILY RESIDENTIAL UNITS ARE GENERALLY LIMITED TO ONE DRIVEWAY.

CIRCULAR DRIVEWAYS WITH TWO CONNECTIONS MAY BE PERMITTED WITH A MAXIMUM, I'M SORRY, MIN 150 FEET FRONTAGE WITH ROADSIDE DITCHES AND CURB AND GUTTER. THOSE ARE KEY ELEMENTS TO THAT.

CURRENTLY, AND I DO THE ENTIRE STUDY ITSELF WITH THE ST. JOHNS GIS PROPERTY APPRAISERS DATABASE AND MY ONLY PERSONAL WIND SURVEY DRIVING THE BOULEVARD. THERE ARE 334 LOTS ALL SINGLE FAMILY. THIS DOESN'T APPLY TO MULTIFAMILY OR COMMERCIAL. NONE HAVE ROADSIDE DITCHES AND CURB AND GUTTER. THE ROAD PAVEMENT GOES TO THE GRASS. MOST OF THE DITCHES HAVE BEEN FILLED IN OVER TIME AND THERE'S NO CONCRETE CURB AND GUTTER OUT THERE. 40% OVERALL OF THE 344 LOTS AND UP TO 70% ON SOME OF THE SEGMENTS SPECIFICALLY REGARDLESS OF THE FRONTAGE OR SIZE HAVE DUAL DRIVEWAYS.

40 PERCENT NORTH OF SAWGRASS MAJORITY OVER HALF, CURRENTLY HAVE DUAL DRIVEWAYS. BACKING ON TO THE MAJOR COLLECTOR PONTE VEDRA BOULEVARD IS, IS INCREASINGLY UNSAFE.

OVER TIME, SINCE THE 30S, IT'S TYPICAL BEEN A PROVISION WHERE IF YOU WERE GRANDFATHERED IN HAVING A DUAL DRIVEWAY, YOU CAN COMMENCE AND CONTINUE WITH YOUR RENOVATION AND REBUILD.

OTHERWISE YOU NEED TO COME IN FOR A VARIANCE OR WAIVER OR NONZONING WAIVER TO GET A DUAL DRIVEWAY AND PROVE YOU HAVE A HARDSHIP ONLY BECAUSE THE COUNTY CODE APPLIES AS OPPOSED TO WHAT WE HAVE IN PONTE VDRA WHICH IS OUR OWN REGULATIONS.

I WILL SHOW YOU THE PICTURES HERE.

SOME OF THOSE REGULATIONS I MENTIONED CURB AND GUTTERING AND DITCHES, THERE ARE NONE. THIS IS GENERALLY A PROFILE PICTURE OF THE BOULEVARD HERE. CAN SEE ONE OF HOMES IN THE DUAL DRIVEWAY. NO CURB AND GUTTER AND NO DITCH.

HERE'S A PICTURORIAL SHOT. YOU HAVE A SMALLER BUILDING PAD AVAILABLE BECAUSE MANY LOTS GO PAST THE DUNE LINE TO THE BEACH.

ON THE WEST SIDE, IT'S A LONG LOT BACK TO A LAGOON SPACE OR ANOTHER SINGLE FAMILY LOT. YOU CAN SEE THE DUAL DRIVEWAYS ALL UP AND DOWN. THEY HAVE EXISTED IN HARMONY AND CONTEXT SINCE THE 30S WHEN THE LOTS WERE PLATTED OUT THERE.

THIS IS ANOTHER EXAMPLE OF THE LOTS.

WE FEEL IT BURDENS STAFF FOR PEOPLE TO COME IN CONSTANTLY TO TRY TO JUST GET A DUAL DRIVEWAY AND STAFF HAVE TO GO BACK AND DO THE RESEARCH AND THE ARIEL PHOTOS.

DID YOU HAVE ONE BEFORE? BECAUSE WE'RE PLAYING WITH THE OLD COUNTY CODE AS OPPOSED TO SOMETHING WE CAN PUT IN SPECIFICALLY. OUR PROGRESS TODAY, REALLY THIS IS THE GENESIS OF THIS ENTIRE PROVISION DEALT WITH THE PARKING ORDINANCE UPDATE. ABOUT A YEAR AGO, WE UPDATED A PARKING ORDINANCE THAT WAS CIRCA 2003 WHEN FOLKS WERE PARKING ALONG THE BOULEVRD AND ON THE BOULEVARD USING IT AS THEIR PRIVATE PARKING SPOT ON NOW WHAT IS A MAJOR COLLECTOR.

LAWN COMPANIES, YARD SPRAYERS WERE PARKING ON THE BOULEVARD AND IT BECAME A LEARNED BEHAVIOR.

WE WORKED WITH THE SHERIFF'S OFFICE MANY, MANY TIMES ON THIS TO CRAFT AN ORDINANCE. IT'S A MAJOR COLLECTOR WITH NOCATEE. THAT GOT APPROVED AND ADOPTED.

AND ONE OF THE HOLD OVER PROVISIONS WAS TO ALLOW ALSO A

[03:10:04]

CONDITION OF THAT WAS TO ALLOW DUAL DRIVEWAYS BY RIGHT.

WHICH IN A SENSE IF YOU CAN PICTURE IT, GETS PEOPLE OFF THE ROAD, CAN PULL ON TO THE DRIVEWAY AND NOT HAVE TO BACK INTO PONTE VEDRA BOULEVARD. WE DID THIS ON THE PREMISE IT REALLY MEETS THE INTENT, SPIRIT AND HARMONY OF THE AREA BY ALLOWING THIS BY RIGHT CODE. WE STARTED JUNE 1ST, 2021, COUNTY COMMISSION APPROVED THE PARKING ORDINANCE UPDATE.

THAT IS ENACTED NOW AND IN EFFECT AND HAS BEEN VERY EFFECTIVE. NO LONGER IS PONTE VEDRA A SLOLEM, COURSE WITH 20 TO 25 CONTRACTORS ON THE ROAD.

JUNE 24TH WE BEGAN THE DRAFT FOLLOW UP ON THE DUAL DRIVEWAY MATTER. WE PRESENTED THIS AT THE PONTE VEDRA ZONING AND ADJUSTMENT BOARD AND DID ADDITIONAL FOLLOW UP AND PUBLIC VETTING AND HAD THE JANUARY 10TH MUNICIPAL SERVICE DISTRICT MEETING AND GOT A 6-1 VOTE THERE.

AND THEN WE PACKAGED IT UP WITH STAFF AND NOW BEFORE YOU.

WE HAVE BECAUSE IT'S A CODE AMENDMENT UPDATE AND I THINK CHRISTINE CAN GO INTO THIS. IT HAS TO BE HEARD TWICE.

THIS IS THE 1 OF 2. MARCH FIRST AND MARCH 22 ARE THE TWO DESIGNATED BCC MEETING. I HAVE DONE THE RESEARCH AND HAVE THE MATH ON ALL THESE. BUT I APPRECIATE YOUR CONSIDERATION TO VOTE THIS INTO SOMETHING THAT WE WOULD PUT INTO THE PLANNING AND ZONING DEVELOPMENT REGULATIONS BY RIGHT. ANY QUESTIONS FOR MR. PUBLIC COMMENT. 5.

>> OKAY. NOW THE BOARD WILL HEAR PUBLIC COMMENT ON AGENDA ITEM 5. PLEASE COME FORWARD.

PUBLIC COMMENT ON AGENDA ITEM NUMBER 5.

MR. CHAIRMAN, SEEING NONE WE ARE CLOSED.

IS THERE A MOTION ON ITEM 5. MOTION ON ITEM 5?

>> MR. CHAIR, THIS IS A FIRST READING.

[6. FY 2023 Board of County Commissioners Budget Calendar and Initial Budget Guidelines. This agenda item provides initial budget guidelines for the upcoming FY 2023 County budget process.]

NO ACTION IS REQUIRED. >> I THOUGHT IT WAS ACTION.

IF THERE'S NO ACTION, THIS WILL COME BACK ON SECOND READING.

>> YOU THREW ME OFF THERE. >> SORRY.

I WILL BE QUICKER THE SECOND TIME.

>> ALL RIGHT. THE NEXT ITEM IS ALSO

INFORMATION. >> THANK YOU.

THANKS BRAD. GOOD AFTERNOON CHAIRMAN DEAN AND COMMISSIONERS JESSE DUNNE. DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET. I'M HERE TO PRESENT THE FY 2023 BUDGET CALENDAR. THERE'S NO ACTION ITEM TODAY.

IF THE BOARD WANTS TO PROVIDE DIRECTION, WE WILL BE RECEIVING IN OUR OFFICE AND THROUGH COUNTY ADMINISTRATION CERTAINLY DIRECTION AS WE MOVE FORWARD THROUGH THIS PROCESS.

WANT TO HIGHLIGHT THE BUDGET CALENDAR.

OMB IS PRESENTING THE FIRST SLIDE, FEBRUARY 2022, IT'S ACTUALLY MARCH FIRST. THE GUIDELINES ARE TODAY.

WE WILL OPEN UP OUR BUDGET SOFTWARE OVER THE NEXT COUPLE MONTHS AND BRING BACK AN INITIAL BUDGET TO YOU FOR ROLL OUT.

WE'RE GOING TO GO THROUGH THAT OVER THREE DAYS IN MID TO LATE MAY. KNOWN AS THE ADMINISTRATORS BUDGET WORKSHOP. NOT A STATUTORY REQUIREMENT TO THIS. MORE OF A SERVICE.

WE LITERALLY GO THROUGH THE BUDGET LINE ITEM BY LINE ITEM AND WE'RE THERE TO ANSWER QUESTIONS AND PROVIDE AN OVER VIEW OF THE SERVICES AND THE REQUESTS THAT ARE LINED UP AND QUEUED UP FOR THE FY '23 BUDGET. AS WE CONTINUE THROUGH THIS, IN JUNE, WE WILL RECEIVE THE CONSTITUTIONAL BUDGET SUBMISSIONS, AS WELL AS INITIAL PROPERTY VALUATIONS FROM THE PROPERTY APPRAISERS OFFICE. IN JULY WE WILL RECEIVE ACTUALLY THE CERTIFIED PROPERTY VALUATION THAT WE USE TO ESTABLISH MILLAGE AND REALLY SET THE BUDGET OR RECOMMEND THE BUDGET.

AT THAT POINT, REALLY SELL WHEN WE GET INTO THE STATUTORY REQUIREMENTS ON THE BOARD SIDE IN TERMS OF MAKING DECISIONS.

SO IN JULY, LATE JULY EARLY AUGUST DEPENDING UPON OUR CALENDAR AS WE GET CLOSER, WE WILL BE RECOMMENDING A BUDGET TO THE COMMISSION AND THEY WILL BE ESTABLISHING, YOU WILL BE

[03:15:02]

ESTABLISHING TENTATIVE MILLAGE RATES IN JULY.

AT THAT POINT, WE WILL IN AUGUST, THE PROPOSED TAX BILLS KNOWN AS THE TRIM NOTICES WILL BE MAILED OUT IN AUGUST AND IF CERTAINLY HURRICANE SEASON IS CLEAR, WE WILL SEE TWO VERY QUICK BACK TO BACK TENTATIVE BUDGET HEARINGS AT 5:30 SCHEDULED IN SEPTEMBER. SO, GOING THROUGH THIS.

I DO A QUICK OVER VIEW OF 2022. I'M ACTUALLY GOING TO SKIP THIS, THE 2022 BUDGET GUIDELINES AND THE '23 BUDGET GUIDELINES ARE VERY SIMILAR. THIS IS CERTAINLY PUBLISHED FOR PEOPLE TO REVIEW HOW WE APPROACH THE PROCESS.

LAST YEAR OUR TAXABLE VALUE INCREASE WAS 9.7.

YOU CAN SEE OVER THE LAST COUPLE YEARS SINCE '16 WE'RE GROWING AT OR ABOUT 9% PLUS OR MINUS THERE. SO CERTAINLY STEADY TAXABLE VALUE INCREASE WHICH RESULTED IN A $19 MILLION IN PROPERTY TAXES FOR OUR VARIOUS FUNDS THAT ARE SPLIT THERE INCLUDING THE GENERAL FUND, THE ROUGHLY 12.7 MILLION OF THAT.

AND THEN OF COURSE, AS WE GO INTO THE PROCESS, I'M TAKING A 9-MONTH PROCESS AND PUTTING THIS INTO ABOUT THREE SLIDES.

WHAT WE'RE ALWAYS CERTAINLY COGNIZANT OF IS ESTABLISHING OUR RESERVES, OUR TARGETED RESERVES AS WELL AS A LEVEL OF UNRESTRICTED RESERVE BECAUSE IT TAKES ONE HURRICANE SEASON FOR THIS COUNTY TO REALLY HAVE TO DIVE INTO THOSE RESERVES AND THE RESERVE, THE PRIMAR RESERVE USE FOR THAT IS THAT GENERAL FUND RESERVE. SO WE CERTAINLY KEEP THAT UNRESTRICTED RESERVE AT A HIGH LEVEL.

WE ARE ONE OF THE FEW COUNTIES THAT HAD A DIRECT HIT OR MAJOR EFFECT I WILL SAY WITH HURRICANE MATTHEW WHERE WE DID NOT HAVE TO GO OUT AND BORROW FUNDING IN ORDER TO RESPOND TO THE CLEAN UP AND RESPONSE. GETTING INTO THE 2023 BUDGET PROCESS, AND I'M GOING TO PUT OUT HERE AT THIS POINT, THE PROPERTY APPRAISERS VALUATION IS NOT CERTIFIED.

THIS IS AN UNCERTIFIED VALUATION AND REFLECTING APPROXIMATELY 13% TAXABLE VALUE GROWTH FOR 2023. CERTAINLY EQUATES TO A LARGER AMOUNT THAN WE HAVE SEEN SINCE LAST YEAR.

CERTAINLY THERE'S CHALLENGES. THAT'S CERTAINLY GOOD NEWS AND THERE WILL BE CHALLENGES BECAUSE A GOOD PORTION OF THIS IS NOT JUST CURRENT VALUATION INCREASES BUT WE'RE SEEING GROWTH OUT THERE AS WELL. A GOOD PORTION WILL BE REINVESTED IN ADDRESSING GROWTH WITH POPULATION OUT THERE.

AND AS WELL WE WILL SEE CHALLENGES WITH I THINK EVERYONE KNOWS THIS TURNING ON THEIR NEWS IN THE MORNING BUT INFLATION.

THE BIG NUMBER WE ALL HEAR IS 7% INFLATION.

SO WHAT THAT TRANSLATES FOR US IS WE'RE GOING TO LOOK AT EACH BUDGET LINE ITEM AND REALLY BE COGNIZANT OF WHAT IS BEING AFFECTED BY INFLATION AND WHAT IS NOT.

AS YOU KNOW IN THE PAST, OUR OFFICE IS NOT, DOESN'T LIKE TO GIVE A GENERAL PERCENT INCREASE IF WE THINK INFLATION IS 7%.

WE WILL DO A DEEPER DIVE AND BE COGNIZANT AS TO WHERE ADDITIONAL APPROPRIATION NEEDS TO GO FOR INFLATION.

GAS MAYBE ONE OF THOSE AREAS WHERE WE'RE GOING TO SEE CERTAINLY A RISE. WE SEEING THAT OUT OF OUR OWN WALLETS DAILY. IT'S A VERY SIMILAR PROCESS.

WE WILL LOOK AT WHAT IS TRENDING AND DIFFERENT AND ADDRESS IT THAT WAY. RATHER THAN THEY BLANKET 7% INCREASE. WE WILL REVIEW THE OPERATING BUDGETS WITH CONSIDERATIONS FOR INFLATION.

AGAIN YOU HEAR 40 YEAR HIGHS. WE WILL LOOK AT THOSE INDIVIDUALLY. EACH YEAR WE HAVE LOOKED AT INDEXES FOR INFLATION. I WILL PUT OUT THE ECI AS A MEASURE FOR WAGES AND SALARY IS 2.7 %.

AS I MENTIONED IN SOME OF THE BRIEFINGS, FROM HUMAN RESOURCES SIDE HAVING SOME CONCERNS OF RECRUITMENT PROBLEMS FOR MANY GOVERNMENTAL JOBS WE ARE NOW COMPETING WITH THE PRIVATE SECTOR AND FINDING A LOT OF PEOPLE ARE NOT RESPONDING TO OUR RECRUITMENTS SOLICITATIONS THAT ARE OUT THERE.

[03:20:03]

SOME OF THAT IS AN EFFECT OR CAN BE ATTRIBUTED TO THE FACT THAT MINIMUM WAGE AND SOME CAN BE ATTRIBUTED TO THE ENVIRONMENT COMING OUT OF COVID. THE SUPPORT THAT'S COME THROUGH THERE. SO WE'RE GOING TO ADDRESS THAT AND BRING BACK A PLAN. WE'RE GOING TO LOOK AT CERTAIN WHAT JOBS ARE REALLY BEING EFFECTED IF THERE ARE JOB CLASSES AND BRING BACK A RECOMMENDATION IN MAY DURING THOSE WORKSHOPS. HEALTH INSURANCE IS ANOTHER AREA WHERE WE PROVIDE AN INDEX. THAT IS 2.5 %.

HOWEVER WE WILL LOOK AT THAT WITH THE HEALTH INSURANCE COMMITTEE THIS YEAR. WITH TWO YEAR COVID-19 HEALTHCARE CLAIMS. RATHER THAN INCREASE SIGNIFICANTLY OR MORE THAN THE INDEX, OUR EMPLOYEE AS WELL AS OUR EMPLOYER CONTRIBUTIONS BECAUSE THERE'S AS WELL AS RETIRING CONTRIBUTIONS, THERE'S THREE PARTS TO THE CONTRIBUTION.

WE'RE GOING TO LOOK TO SEE AND AGAIN DO A DEEPER DIVE WITH THE HEALTH INSURANCE COMMITTEE AS TO WHETHER THIS IS REALLY PANDEMIC RELATED HEALTH INSURANCE CLAIMS AND THERE MAY BE INCREASING ALL OF THOSE PARTICIPATION RATES POSSIBLY LOOKING AT A ONE-TIME INFUSION. WE'RE TRYING TO UNDERSTAND WE'RE SEEING CERTAINLY OUR HEALTHCARE CLAIMS UP OVER THE LAST TWO YEARS AND WE'RE TRYING TO UNDERSTAND WHAT PORTION OF THAT IS COVID RELATED. OPEB.

WE STILL KEEP UP 0 EMPLOYER CONTRIBUTION.

IN FUTURE YEARS THAT WILL HAVE CONTRIBUTION.

RETIREMENT RATES ARE MANDATED BY THE STATE AND WE WILL KEEP AN EYE ON THOSE. WE ARE GOING TO RECOMMEND MAINTAINING CURRENT WORKER'S COMP RATES.

WE WILL CONTINUE TO FUND CAPITAL REPAIR AND REPLACEMENTS.

WE DO A LINE ITEM SUMMARY WE PRESENT TO YOU.

WE WILL DO A FIVE YEAR COMPUTER REPLACEMENT TO STAY ON TRACK AND PROVIDE SUMMARIES ON VEHICLE REPLACEMENT.

WHERE FUNDING IS AVAILABLE. IF WE HAVE TO PHASE PROJECTS OR FUND THEM IN WHOLE, WE WILL INCORPORATE OUR CAPITAL IMPROVEMENT PLAN AND PRESENT THAT AS WELL.

WE WILL ENSURE AND MAINTAIN OUR HEALTHY RESERVES AND CREDIT RATINGS AND SOME OF OUR OTHER BEHAVIORAL REVENUES WE CONTINUE TO LOOK AT AS WE GO THROUGH THE PROCESS.

AGAIN THEY'RE CERTAINLY MANY OF THEM LOOKING STRONGER AND HAVE TO GET BEHAVIORS OR INCLUDE OUR HALF CENT SALES TAX AND OUR TOURIST DEVELOPMENT TAXES. TOUREST DEVELOPMENT TAXES WE ARE SEEING RECORD LEVELS THERE. THERE ARE CERTAINLY BEHAVIORAL CHALLENGES OUT THERE. FLORIDA IS AN EXAMPLE HAS BEEN ONE OF THOSE STATES THAT HAS STAYED OPEN THROUGH THE PANDEMIC AND AS WE SEE CERTAINLY WE HAVE REAPED THE BENEFITS THERE IN TERMS OF TOURIST DEVELOPMENT TAXES.

THERE MAY BE BEHAVIORAL CHANGES AS OTHER DESTINATIONS AND OTHER PARTS OF THE COUNTRY BEGIN TO OPEN UP AND IF THERE ARE EFFECTS IN THE FUTURE. WE WILL STAY TUNED AND AGAIN AS WE GET TO MAY, WE WILL PAINT THE PICTURE FOR THE COMMISSION AND THE PUBLIC. AND WITH THAT, JUST WANTED TO

[7. Proposed County Purchasing Policy and First Reading of Purchasing Ordinance. Presentation of the revised Draft Purchasing Policy and first reading of draft purchasing ordinance for BCC direction. The current Purchasing Procedure Manual is outdated and insufficient for the procurement and contracting function of the County, and hasn't been substantially revised since 2013. The proposed Purchasing Policy shall replace the current Purchasing Procedure Manual, and shall not include the purchasing procedures, which shall be provided for in a separate Purchasing Procedures Manual for approval by the County Administrator, which will provide for more efficient adaptation to new regulations, industry standards, and use of technology.]

REMIND EVERYONE WE WILL START PUTTING THIS TOGETHER AND DO OUR KICK OFF AND SEE YOU IN MAY. UNLESS THERE'S QUESTIONS, THERE'S NO ACTION ITEM THIS AFTERNOON.

>>CHAIR DEAN: QUESTIONS? THIS IS FOR INFORMATION ONLY.

THANK YOU, JESSE FOR THAT PRESENTATION.

LET'S TRY TO FINISH UP WITH ITEM 7 BEFORE WE TAKE A LUNCH BREAK.

SO ITEM 7 IS OUR FIRST POLICY. WE WILL DEAL WITH THIS.

JUST SO THE AUDIENCE KNOWS, WE WILL TAKE A HALF-HOUR LUNCH BREAK AND HAVE TWO OTHER ITEMS THAT MAY REQUIRE A LENGTHY

DISCUSSION >> WE WILL SEE.

LET'S FINISH SEVEN IF WE CAN. >> GOOD AFTERNOON COMMISSIONERS, JAMIE LOCKLEAR, PURCHASING DIVISION.

BEFORE YOU TODAY IS THE PROPOSED PURCHASING POLICY THAT WILL REPLACE THE CURRENT PURCHASING MANUAL SECTION 300 OF THE COUNTY ADMINISTRATIVE CODE. ADDITIONALLY, THIS WILL SERVE AS THE FIRST READING OF THE ACCOMPANYING PURCHASING ORDINANCE WHICH IS NEW. THERE HASN'T BEEN AN ORDINANCE SPECIFICALLY DESIGNATED TO THE PURCHASING OF THE COUNTY PRIOR TO THIS. THERE'S NO ACTION ITEM.

JUST THE PRESENTATION OF THE POLICY FOR THE PURPOSE OF GATHERING INFORMATION IF YOU WANT CHANGES TO THE PROPOSED POLICY. THE BIGGEST CHANGE THAT YOU WILL NOTICE BETWEEN THE CURRENT POLICY AND THIS PROPOSED TELL US

[03:25:02]

IS IT IS POLICY ONLY. IT'S RULES ONLY.

THERE ARE NO PROCEDURES INCLUDED IN IT.

ALL OF THAT HAS BEEN REMOVED FOR THE PURPOSE OF DEVELOPING A PROCEDURE MANUAL THAT IS PRESENTED TO AND APPROVED BY THE COUNTY ADMINISTRATOR AS OPPOSED TO HAVING THEM PRESENTED TO APPROVED BY THE BOARD WHETHER REGULATION OR BEST PRACTICE, WHATEVER IT MAY BE. ANOTHER THING YOU WILL NOTICE IS THE REQUESTED EFFECTIVE IMPLEMENTATION DATE OF THE NEW POLICY IS JULY 1ST. OBVIOUSLY IF THE BOARD GIVES DIRECTION TO CHANGE AS PROPOSED, WE NEED TO BE ABLE TO INCORPORATE THOSE CHANGES INTO WHAT IS TRAINED WITH THE USER DEPARTMENTS AND ALL OF THAT. THE INTENT IS FOR THAT PERIOD TO BE PROVIDED TO ALLOW FOR TRAINING AND INSTRUCTIONS BEFORE THE NEW POLICY GOES INTO EFFECT. WHAT I HAVE PUT TOGETHER PRESENTATION WISE IS THE MAJOR CHANGES FOR THE POLICY.

A SUBSTANTIAL CHANGE TO THE POLICY AS PRESENTED IS THE BOARD APPROVAL THRESHOLD FOR AWARD. CURRENTLY IT'S 1 HUNDRED THOUSAND. ANY MORE THAN THAT HAS TO COME BEFORE THE BOARD FOR APPROVAL. THE RECOMMENDATION IN THE PROPOSED POLICY IS $500,000 FOR PROCUREMENT SERVICES.

THIS DOES NOT IMPACT OTHER AREAS OF THE POLICY OR ACTIVITIES THAT ARE NOT GOODS OR CONSTRUCTION ET CETERA.

ALSO IS DELEGATED AUTHORITY FOR COUNTY ADMINISTRATORS, ASSISTANT COUNTY ADMINISTRATOR. MYSELF, THE PURCHASING MANAGER AND ALLOWABLE DELEGATIONS THERE UNDERNEATH THOSE POSITIONS.

THE COUNTY ADMINISTRATOR WOULD BE ABLE TO APPROVE UP TO $500,000. DEPUTY COUNTY ADMINISTRATOR SAYS AND MYSELF UP TO $400,000 AND OTHERS WOULD BE DELEGATED BY THE POSITIONS. NEXT WHAT WE SUBSTANTIALLY CHANGED IS OUR PURCHASING THRE THRESHOLDS. WE ARE PROPOSING TO ALIGN WITH CONSISTENCY WITH NONGRANT FUNDED AND GRANT FUNDED PROJECTS.

THIS ALLOWS FOR A MORE EFFICIENT MECHANISM TO ACCOMPLISH THE OBJECTIVES OF THE COUNTY THROUGH INFORMAL PROCEDURES UP TO $250,000. WHEREAS THE PURCHASING DEPARTMENT WOULD FACILITATE THE OBTAINMENT OF QUOTES UP TO THAT LEVEL AND OVER $250,000 WOULD BE PROCUREMENT.

OUR FORMAL THRESHOLD IS $50,000. EVERYTHING OVER THAT IS A SEALED PROCUREMENT WITH A LOT MORE RULES AND REQUIRES AND PROCEDURES ATTACHED TO THIS. THIS WOULD ALLOW MORE TO BE ACCOMPLISHED IN A MORE BUREAUCRATIC PROCESS THAN WHAT WE HAVE. NEXT A SUBSTANTIAL CHANGE IS CURRENTLY FOR NEGOTIATED PURCHASES, WE HAVE TO COME TO THE BOARD AND SAY GRANT US PERMISSION TO NEGOTIATE THIS PURCHASE THIS WOULD ALLOW MYSELF TO FACILITATE THOSE NEGOTIATIONS AND BRING TO THE BOARD TO APPROVE IF YOU'RE IN AGREEMENT WITH WHERE WE HAVE GOTTEN BASED ON THE NEGOTIATIONS.

CURRENTLY WE COME TO YOU WITH A REQUEST TO ALLOW US TO NEGOTIATE TO CONTRACT WITH THE NEGOTIATIONS OR BRING BACK THE NEGOTIATED CONTRACT FOR YOUR FINAL APPROVAL.

YOU GRANT US THE PERMISSION TO GO FORTH AND DON'T SEE THE FINAL NEGOTIATED CONTRACT. THIS WOULD ALLOW YOU TO SEE IT OR APPROVE IT AS IT IS IN IT'S FINAL PLACE WHERE WE GET TO AND YOU'RE AGREEABLE TO THAT. THIS CREATES TRANSPARENCY BECAUSE RIGHT NOW MOST OF OUR NEGOTIATED PURCHASES ONLY WHICH WITH A TEMPLATE. ANOTHER ONE IS FOR CHANGES AND AMENDMENTS TO CONTRACTS THAT HAVE BEEN AWARDED.

CURRENTLY IN THE PURCHASING POLICY, THERE IS NO SPECIFIED REQUIREMENT FOR A CONTRACT CHANGE OR AMENDMENT TO COME BACK TO THE BOARD AT ANY POINT OR THRESHOLD FOR APPROVAL.

THE POLICY CURRENTLY ALLOWS FOR ADMINISTRATION TO SIGN OFF ON CHANGE ORDERS OR AMENDMENTS THAT ARE ABOVE 20% OR $50,000 CUMULATIVELY. IF WE HAVE A CHANGE TO A CONTRACT THAT IS BOARD APPROVED IN EXCESS OF 25%, IT WOULD GO

[03:30:01]

BACK TO THE BOARD AS OPPOSED TO SETTLING AT WHATEVER AMOUNT.

THE PERCENTAGE PROVIDES FOR CHANGE IN COST ONLY SO CHANGES TO TIME. AND ANY OTHER CHANGES TO CONTRACTS COULD STILL BE APPROVED BY THE COUNTY ADMINISTRATOR UNLESS DICTATED BY THE BOARD.

STANDARD ALTERNATIVES, PIGGYBACKING.

ALL MECHANISMS WILL COME TO THE BOARD WITH THE THRESHOLD.

IF THEY ARE IN EXCESS OF 500, IT WOULD GO TO COME.

THE PROTEST BOND IS CURRENTLY $5,000.

THIS CHANGES IT TO FLAT $5,000. WE DON'T WANT TO UNNECESSARILY RESTRICT THE ABILITY OF PROTEST. IF WE HAVE DONE SOMETHING INCORRECT, WE WANT PEOPLE TO BE ABLE TO POINT IT OUT.

WE ALSO DON'T NOT FRIVOLOUS OR UNNECESSARY PROTESTS BECAUSE THEY WEREN'T SELECTED FOR SOME REASON.

THIS FACILITATES THE NECESSARY PROCESS AND GIVES US PROTECTIONS TO NOT WASTE RESOURCES UNNECESSARILY.

LASTLY, THE PROPOSED POLICY BEFORE YOU, THERE'S A HUGE PUBLIC BEFORE THE TO THE WAY WE DRAFTED THIS.

IT ALLOWS US TO ACHIEVE OUR OBJECTIVES QUICKER AND ALIGNS OUR POLICY WITH BEST PRACTICES. I CANNOT SAY OUR CURRENT POLICY DOES THAT AND THIS DOES. SECONDLY, THIS IS THE FIRST STEP TO ALLOW US TO DEVELOP PROCEDURES.

WE ARE DEVELOPING A MANUAL THAT WILL COME BEFORE ADMINISTRATION AND TIE IN ALL THESE NEW RULES AND REGULATIONS WE OPERATE BY TO ALLOW US TO FACILITATE MORE TRAINING AND OUTREACH TO OTHER VENDORS AND SUPPLIERS THAT WANT TO DO BUSINESS WITH THE COUNTY AND ALLOW US TO FACILITATE THOSE POLICIES.

IF THE BOARD HAS CONSENSUS AND DIRECTION TO THE CHANGES OF THE POLICY, I'M HERE TO ANSWER QUESTIONS.

THE INTENT WOULD BE TO BRING THE ORDINANCE BACK ON THE 15TH AS THE FINAL VERSION FOR YOUR APPROVAL AND ADOPTION OF THE NEW

POLICY. >>CHAIR DEAN: ANY BOARD MEMBERS HAVE ANY QUESTIONS OR COMMENTS AT THIS TIME? ALTHOUGH THIS IS NOT A VOTING ITEM.

IT'S A FIRST READING. I WANT TO ALLOW THE PUBLIC TO SPEAK IF ANYONE WISHES TO SPEAK. THIS IS A FIRST READING OF AN ORDINANCE. IF THERE'S PUBLIC COMMENT.

>> OKAY. AT THIS TIME, THE BOARD WILL HEAR PUBLIC COMMENT ON THIS AGENDA ITEM.

YES, SIR. >> JOHNNY COUNTY, CRACKER SWAMP.

I THINK THIS LOOKS LIKE IT'S A GREAT WAY TO UPDATE THE POLICY THE WAY THINGS ARE GOING. IT'S NO DOUBT BUREAUCRACY JUST KEEPS BREEDING ITSELF. THIS LOOKS LIKE A GOOD WAY TO START STREAM LINING AND MAKING IT EASIER EVEN FOR MORE SMALL BUSINESSES AND CONTRACTORS TO BE ABLE TO WORK WITH THE COUNTY.

IT'S TOUGH TO BE ABLE TO GET IN WITH SOME OF THESE RESTRICTIONS AND THE COST OF WHAT IT TAKES TO BE ABLE TO WORK WITH GOVERNMENT.

SO, RIGHT NOW FROM WHAT I SEE, JUST SYNOPSIS, LOOKS LIKE A VERY GOOD START TO A GOOD WAY TO STREAMLINE THE COUNTY POLICIES AND CHANGES AND PURCHASING. OVERALL, I THINK THIS LOOKS

GOOD. >> THANK YOU.

>> ANY FURTHER PUBLIC COMMENT? >> NAME AND ADDRESS.

>> B.J. KLATY, WEST CITY OF ST. AUGUSTINE.

WEST NEWCOME STREET. I DON'T THINK THE EMPLOYEES SHOULD HAVE THE POWER OVER HALF A MILLION DOLLARS.

THAT IS TOO HIGH AND I THINK IT SHOULD BE LOWERED DOWN TO MAYBE 300 FOR EVERYTHING INSTEAD OF GIVING THEM POWER OVER HALF A

MILLION DOLLARS. >> THANK YOU.

ANY FURTHER PUBLIC COMMENT? PUBLIC COMMENT ON THIS AGENDA ITEM. ALL RIGHT.

MR. CHAIRMAN, SEEING NONE, PUBLIC COMMENT IS CLOSED.

>>CHAIR DEAN: THANK YOU COMMISSIONER BLOCKER.

I THINK UNLESS THERE AREN'T QUESTIONS, YOU WILL BRING BACK

FOR A SECOND READING. >> WILL COME BACK TO YOU ON CONSENT AS A FINAL DRAFT FOR APPROVAL.

[03:35:02]

TODAY WOULD BE THE INTENT TO GATHER ANY RECOMMENDED CHANGES

OR IF >> IF YOU WILL ALLOW ME TO GIVE

[8. Proposed Agreement Regarding Access to County Property. The owners of certain coastal property in St. Johns County have requested that the County allow access to and use of Mickler's Beachfront Park to facilitate the owners performing future compliance work required under the permits with the Florida Department of Environmental Protection. Notice to the County, as well as approval by the County of the proposed dates and time of access, would be required before any future use of the property. The owners would also enter into a future permissive use agreement requiring, among other things, a safety and operation plan governing the use. The owners would also provide the County a temporary easement to allow access to their property for the current FEMA dune enhancement project.]

INTRODUCTION ON ITEM 8. ONE OF THE MAYBE POSSIBLE USUAL WAY IT'S STRUCTURED IS THAT IT HAS ME AS GIVING THE PRESENTATION AND I JUST WANT TO COMMENT THAT THE REASON IS THAT ONE OF THE HOMEOWNERS WHO HAVE THE GEOTUBES ON THEIR PROPERTY APPROACHED ME. THERE ARE 14 HOMEOWNERS WITH GEO TUBES IN THE STRETCH NORTH OF MIKE LERS.

THEY ARE ALL WITHIN A RELATIVELY TWO MILES.

NOT NECESSARILY CONTIGUOUS. ONE OF THE OWNERS APPROACHED ME SEVERAL MONTHS AGO AND REACHED OUT TO ME SPECIFICALLY.

I WORKED WITH THEM IN THE INITIAL GEOTUBE EFFORT AND THERE WAS SOME CONFUSION UNFORTUNATELY AND PROBABLY SOME LESS THAN COMMUNICATE COMMUNICATION ON OUR PART WHEN WE DID THE INITIAL GEOTUBE APPROVALED TO MIC LERS. I FELT COMPELLED TO MAKE SURE ANYTHING WE DO IS APPROVED AS THE COMMISSION LEVEL AND NOT STAFF LEVEL. I ALSO WANTED TO MAKE SURE ANY SUGGESTIONS OR RECOMMENDATIONS OR COMPLAINTS WOULD COME TO ME PRIMARILY AND NOT THE STAFF. BECAUSE THIS WAS SOMETHING I WAS RESPONDING TO A CONSTITUENT'S REQUEST NOT THE STAFF.

THE STAFF HAS BEEN VERY ACTIVE IN ASSISTING ME WITH THE TECHNICAL POINTS. ANY BLAME TO BE HEAD HERE IS ON HENRY AND NOT THE STAFF. WHAT I WANTED TO TRY TO EXPLAIN AND I MAY NEED TO CALL ON EITHER JOE J. OR DAMON TO HELP AND BRAD CERTAINLY HAS BEEN HEAVILY INVOLVED IS WITH THE GEO TUBE HOMEOWNERS WHEN THOSE PERMITS, THE DEP AND FWC PERMITS WERE ISSUED, THEY WERE CONDITIONS ABOUT MAINTAINING THE GEO TUBES ABOUT THE HOMEOWNERS THEY HAVE TO COMPLY WITH.

ONE OF THOSE CONDITIONS AS I UNDERSTAND IT IS TO MAKE SURE THAT THERE IS A SUFFICIENT LEVEL OF COVER.

SAND COVER OVER THE GEO TUBES TO MEET THE DEP CONDITIONS AMONG OTHER CONDITIONS. NO SURPRISE TO ANY OF US WE HAD A SERIES OF STORM EVENTS IN THE LAST TWO YEARS CULMINATING IN LAST FEW YEARS THAT DECIMATED VOLLANO AND IMPACTED THE BEACHES. THEY ALSO IMPACTED THE GEO TUBES. WHEN I WAS APPROACHED BY THE HOMEOWNER, I WENT OUT AND WALKED THE PROPERTY AND THE BEACH AND HAVE SEEN THE GEO TUBES. THERE'S BEEN CRITICAL SUBSTANTIAL EROSION AND I THINK THAT DEP OBVIOUSLY THEY'RE NOT IN COMPLIANCE WITH DEP PERMITS AND NEED TO BE BECAUSE IT'S A SERIOUS HEALTH HAZARD. A RISK THAT A PUBLIC SAFETY RISK HAZARD WE'RE DEALING WITH. WITH THAT SAID, THEY LOOKED AT OTHER OPTIONS WHERE THEY COULD GET ACCESS AND HAVE BEEN UNABLE TO FIND ADEQUATE ACCESS IN THE PRIVATE PROPERTIES TO THE NORTH OR ALONG THE PONTE VEDRA BOULEVARD WHERE THEIR HOMES ARE, AND THEY HAVE COME BACK TO US AGAIN TO ME AND REQUESTED IF WE WOULD CONSIDER ALLOWING THE NECESSARY HAUL TRUCKS AS NEEDED TO USE MIKE LER'S PARKING LOT AND THE PUBLIC ACCESS.

WHAT ARE WE TALKING ABOUT IN GENERAL? PROBABLY EACH HOMEOWNER MAYBE REQUIRED ONCE A YEAR PROBABLY

[03:40:05]

BETWEEN NOW AND APRIL 15TH TO GO IN AND BASICALLY TOP OFF THOSE GEO TUBES. TO MAKE THEM BASICALLY SAFE AND ALSO IN COMPLIANCE WITH DEP PERMITS.

SO, I BASICALLY WORKED WITH STAFF AND WORKED WITH SEVERAL OF THE HOMEOWNERS TO CRAFT AN AGREEMENT THAT WOULD A, ALLOW TRUCK ACCESS FROM THE MICHLER'S PARKING LOT TO THE BEACH FRONT HOMEOWNERS WITH THE GEO TUBES WITH SEVERAL MAJOR CONDITIONS.

ONE BEING THAT ANY HAUL TRUCKS WOULD USE THE EMERGENCY VEHICLE RIGHT-OF-WAY PATH NOT THE PEDESTRIAN WALK OVER.

THE PEDESTRIAN WALK OVER PER THE TERMS OF THE AGREEMENT WOULD CLEARLY STAY OPEN AT ALL TIMES. BECAUSE THERE HAS BEEN CONFUSION ABOUT ARE WE CLOSING MICHLERS IF WE APPROVE THIS? WOULD THERE BE NO ACCESS WHEN HAUL TRUCKS WERE GOING TO THE GEO TUBES? AND THE ANSWER IS NO, THERE THERE WOULD NOT BE CLOSING. THERE WOULD BE ACCESS, THE PEDESTRIAN WALK OVER WOULD BE ACCESSIBLE AT ALL TIMES AND THERE WILL BE, IF THIS IS APPROVED.

IF THIS IS APPROVED BY YOU. THEN THERE WOULD ALSO BE A RATHER STRINGENT SAFETY PLAN OUR STAFF WOULD PREPARE AND IT WOULD BE VERY STRINGENT. IT WOULD MAKE SURE THAT BECAUSE THE EMERGENCY VEHICLE PATH IS CONTIGUOUS TO THE PEDESTRIAN WALK OVER PATH WE WOULD MAKE SURE THEY WOULD BE A SAFETY PLAN WHERE THERE WOULD BE FLAG MEN AT THE ENTRY AND EXIT AND MAKING SURE BECAUSE THE PUBLIC WOULD HAVE TO WALK THE PEDESTRIAN WALK OVER BUT AT THE END ON THE BEACH SIDE, ON THE BEACH -- THE EAST END OF THE WALK WAY THERE IS A DIP THAT GOES INTO THE EMERGENCY VEHICLE RIGHT-OF-WAY. WE NEED TO RECOGNIZE THAT AND IN MY OPINION DEAL WITH THAT. THAT'S WHERE THE SAFETY PLAN COMES IN WHERE THERE WOULD BE FLAG MEN, SORT OF LIKE SCHOOL CROSSING GUARDS THAT MAKE SURE BECAUSE THERE ARE GOING TO BE FAMILIES WITH YOUNG CHILDREN. IF THIS GOES FORWARD, NUMBER ONE, IT'S MY POSITION ANYWAY THAT WE HAVE OPEN PUBLIC ACCESS TO THE BEACH AT ALL TIMES AND WE ALSO HAVE A SAFETY PLAN THAT ENSURES THE SAFETY OF THE FAMILIES ESPECIALLY THE SMALL CHILDREN WHO ARE AT THE BEACH RUNNING AROUND.

THEY'RE NOT GOING TO BE REALLY LOOKING FOR TRUCKS.

THEY'RE GOING TO BE LOOKING FOR SHELLS.

IN ESSENCE, THIS WOULD PROVIDE A REASONABLE WAY FOR THESE GEO TUBE HOMEOWNERS TO COMPLY WITH THE DEP PERMITS BUT MORE IMPORTANTLY TO ME, DEAL WITH THE SAFETY HAZARD THAT EXISTS TODAY AND WILL CONTINUE TO EXIST AND GET WORSE UNLESS THE SAND IS REPLENISHED OVER THE GEO TUBES AND THIS MAY NOT BE A PERFECT SOLUTION BUT, WE DON'T DEAL WITH PERFECTION IN OUR LIFE.

WE DEAL WITH THE BEST ALTERNATIVES, AT LEAST THAT'S WHAT I HAVE FOUND IN MY EXPERIENCE.

WE TRY TO DO THE BEST WE CAN. AND COME UP WITH THE BEST SOLUTION. SO I OFFER THIS FOR YOUR THOUGHT AND YOUR CONSIDERATIO WITH THE UNDERSTANDING THAT AGAIN, IT'S THE BOARD'S DECISION ON WHETHER TO GO FORWARD BUT FROM MY STANDPOINT, IT ADDRESSES THE PUBLIC SAFETY ISSUE OF THE EXPOSED GEO TUBES AND AT THE SAME TIME, PROVIDES BEACH ACCESS AT ALL TIMES AT MICHLER AND ALSO PROVIDES A SAFETY PLAN THAT WILL BE REQUIRED THAT WE WILL DRAFT AND APPROVE BEFORE ANY TRUCKS MAY BE INVOLVED. WITH THAT SAID, THAT WAS THE WAY I WANTED TO PRESENT THIS. IF THERE ARE ANY QUESTIONS AT THIS POINT FROM THE BOARD OR ANY COMMENTS, I WOULD ASK YOU TO PLEASE WEIGH IN AND OF COURSE JOE WAS HERE TO ANSWER ANY TECHNICAL QUESTIONS. FIRST LET ME ASK, JOE IS THERE ANYTHING YOU WOULD LIKE TO ADD I MAY HAVE MISSED OR DO YOU WANT TO RESPOND TO QUESTIONS?

>> WELL, I DID OKAY. ALL RIGHT.

JEREMIAH. JUST WAVE AT ME.

>> SO, THANK YOU MR. CHAIRMAN. I APPRECIATE YOU LOOKING AT THIS ISSUE. NO ONE ON THIS BOARD HAS THE LEVEL OF EXPERIENCE OR PROBBLY ON COUNTY STAFF YOU HAVE DEALING WITH WATER AND ALSO COMING UP WITH SOLUTIONS AND YOU DID A GREAT JOB AS CHAIRMAN ADDRESSING THAT.

I DID HAVE QUESTIONS. THIS IS MY DISTRICT AND IMPACTS MY RESIDENTS. I WANT TO MAKE SURE WE'RE CLEAR ON KIND OF WHAT IS GOING ON WITH THE GEO TUBES.

[03:45:02]

I DON'T KNOW WHO WANTS TO ANSWER, THE COUNTY ATTORNEY OR JOE, YOU CAN COME UP. IT'S IMPORTANT TO UNDERSTAND WHO IS PERMITTING THIS GEO TUBE PROJECT?

WHO CONTROLS THE PERMITTING? >> HOMEOWNERS GO THROUGH THE

DEP. >> THE GEO TUBES THEMSELVES ARE NOT PERMITTED THROUGH US. I DON'T BELIEVE, I'M NOT 100%, BUT I DO KNOW THE GEO TUBES HAVE TO GO THROUGH THE STATE

THEMSELVES. >> DID WE DO PERMITTING FOR GEO

TUBES? >> NOT THAT I'M AWARE OF.

THE PERMITS THEMSELVES ARE STATE-ISSUED PERMITS.

GROWTH MANAGEMENT CAN CORRECT ME IF I AM WRONG.

IT'S SOLELY STATE AND WE HAVE NO ROLE IN THAT.

>> COMMISSIONER, WE'RE GETTING A NO FROM MY STAFF

>> WHAT IS IMPORTANT TO CRYSTALLIZE THIS.

THE QUESTION IS ACCESS. WE'RE NOT PERMITTING THE GEO TUBES WHETHER THEY GO IN OR COME OUT.

IF THAT'S WRONG, CORRECT ME. I THINK THAT'S IMPORTANT TO UNDERSTAND AND KIND OF LAY THAT GROUND WORK JUST AS A REMINDER, COMMISSIONER DEAN AND WALDRON WILL REMEMBER THIS.

COMMISSIONER ARNOLD AND WHITEHURST ARE NEW.

THE LAST TIME THIS ISSUE CAME UP, NOT TO ANY FAULT OF THE 14 HOMEOWNERS, WE HAVE A MAJOR ISSUE THAT LED TO MICHLER BEACH BEING SHUT DOWN, IT LED TO A LOT OF DIFFERENT ISSUES, IT LED TO ME PROBABLY HEARING FROM MORE OF MY CONSTITUENTS EVER ON ANY OTHER ISSUE. I THINK NATURALLY THERE'S SOME RELUCTANCE TO WEIGH INTO THESE WATERS UNDERSTANDING OF WHAT HAPPENED BEFORE. SO, I JUST WANT TO LAY THAT OUT.

IT IS MY DISTRICT AND THE OTHER THING IS WHAT THE STATUS OF MICHLER BEACH IN RELATION TO THE FEMA PROJECT? IS THE CONTRACTOR USING MICHLER? WHAT IS THE STATUS?

>> THE CONTRACTOR IS USING MICHLER RIGHT NOW FOR THE FEMA DUNE ENHANCEMENT PROJECT. THEY HAVE STAGING EQUIPMENT THERE. THERE'S ACCESS FOR THE VEHICLES.

WE ARE USING ADDITIONAL ACCESS POINTS IN THE NORTH FOR BRINGING SAND ON TO THE BEACH. IT'S BEING UTILIZED AND WE'RE TRYING TO THE WORK WITH THE CONTRACTOR TO EXPEDITE GETTING OUT BECAUSE WE WANT TO USE MICHLERS MORE TO THE SOUTH THAN TO THE NORTH. THE SHORT ANSWER IS YES, THEY ARE USING IT AND HAVE TRUCKS, SAND OPERATIONS AND ACCESS TO

THE BEACH THERE. >> I WANT TO MAKE SURE I UNDERSTAND. I HAVE RESIDENTS THAT CAME UP THIS AFTERNOON. FOR THE FEMA PROJECT SPECIFICALLY WE ARE NOT USING IT.

>> WE ARE USING IT. IT IS BEING USED.

>> OKAY. SO THE OTHER POINT, I JUST WANT TO BRING PRELIMINARY POINTS. THIS IS OUR ONLY CHANCE.

YOU AND I CAN'T TALK ABOUT IT. SO THE OTHER ISSUE MY UNDERSTANDING AND THIS IS JUST BROUGHT TO MY ATTENTION NOT MORE THAN ON THE LUNCH BREAK THAT PARTS OF THAT ACCESS POINT AND MICROSECTION IS OWNED BY THE PLAN PLANTATION. IS THAT CORRECT?

>> THE EASEMENT. >> HAVE THEY BEEN CONSULTED IN

THIS? >> I WILL TELL YOU WHY I'M ASKING. THE BOARD OF DIRECTORS JUST MET THIS MORNING. I RECEIVED SOME CORRESPONDENCE THAT TOM CRUISE, THE DIRECTOR AND JODY CORE WHO IS THE GENERAL MANAGER IS ASKING WHY THEY HAVE NOT BEEN ABLE TO REVIEW THIS CONTRACT, WEIGH IN ON IT. NO ONE IN THE COUNTY HAS REACHED OUT TO THEM. I'M CURIOUS, HAVE WE REACHED OUT TO THE PLANTATION AND ASKED THEM TO TAKE A LOOK OR ASKED THEM FOR THEIR INPUT? THE REASON I'M ASKING NOW.

WE'RE REPRESENTING ALL THESE PEOPLE.

WE NEED TO MAKE SURE EVERYONE IS ON THE SAME PAGE.

I DON'T WANT TO GO DOWN THE PATH AND HEAR FROM A VERY ACTIVE HOMEOWNERS ASSOCIATION AND BOARD OF DIRECTORS SAYING WE WERE NOT INFORMED OF THIS OR BROUGHT UP TO SPEED ON THIS.

MR. CHAIRMAN, THIS IS WHY I'M BRINGING THIS UP.

DID ANYONE ON OUR STAFF TALK TO THE PLANTATION?

>> I DON'T BELIEVE WE DID. WE DID HAVE PUBLIC MEETINGS AND OPPORTUNITY FOR THE PUBLIC TO REACH OUT TO THE COUNTY?

>> NO ON THIS SPECIFIC. >> NOT THE FEMA

>> ON THIS? >> NO, SIR.

NOT FROM THE STAFF LEVEL. >> NOT FROM OUR OFFICE EITHER.

>> NO ONE FROM THE GENERAL COUNSEL HAS SPOKEN TO THE

PLANTATION, THAT'S CORRECT. >> THAT'S A VERY ACTIVE ORGANIZATION. HOMEOWNERS ASSOCIATION AND HAVE A LOT OF RESIDENTS THERE. THEY WILL ABSOLUTELY WANT TO

[03:50:03]

KNOW HOW THIS IMPACTS THEM. WE NEED TO UNDERSTAND THIS GOING FORWARD. MR. CHAIRMAN, THOSE ARE MY

INITIAL THOUGHTS GOING FORWARD. >> IF I MAY --

>> PLEASE. LET ME ASK THE STAFF OR ANYONE WHO MAY KNOW. I AM UNAWARE UNTIL THIS MOMENT THE PLANTATION HAD ANY TYPE OF PROPERTY INTEREST OR EASEMENT AT MICHLERS EITHER FOR PARKING OR OCEAN ACCESS.

SO THIS SORT OF CATCHES ME COLD. I'M NOT SURE.

IS ANYONE AWARE OF WHAT THE INTEREST IS, COULD I TAKE THIS

OUT OF ORDER AND >> NO.

PLEASE. >> COULD YOU SPEAK TO THIS.

>> [INAUDIBLE] 1049 PONTE VEDRA BOULEVARD.

THE PLANTATION PROPERTY LINE IS THE TURQUOISE LINE.

THE ONLY PROPERTY TO BELONGS TO THE COUNTY IS THE BOARD WALK.

WHOLE TRAFFIC LANE BELONGS TO THE PLANTATION.

>> IS THIS, I GUESS FOR LACK OF A BETTER TERM, IS THIS NEWS TO

OUR STAFF ON THIS ISSUE? >> FROM THE PROJECT MANAGEMENT

SIDE -- FROM US, YES. >> THIS WAS JUST BROUGHT TO MY ATTENTION. THIS IS NOT TO SURPRISE.

WE DIDN'T HAVE A CHANCE TO TALK ABOUT.

NOW I ALSO HAVE BEEN TOLD ON THE BREAK THAT THERE'S A BULK HEAD

DAMAGED. >> I DON'T HAVE ANY --

>> I'M STARTING TO GET E-MAILS BECAUSE THE PLANTATION HAD A MEETING THIS MORNING. THEY ARE ALL UP IN ARMS.

SO -- >> I WOULD SAY FROM THE PROJECT MANAGEMENT TEAM, WE HAVE NOT HEARD ANYTHING.

THE CONTRACTOR HAS NOT BROUGHT DAMAGE.

AT LEAST THEY HAVE NOT HOLD US AND WE WORK WITH THE CONTRACTOR

CAREFULLY. >> THIS IS NOT THE FEMA BURM.

SO THAT'S THE ONLY ACCESS THAT'S GOING THERE NOW IS THE FEMA BURM. THAT'S THE ONLY THING.

>> THIS IS PRIOR. WHEN THE DOT WENT THROUGH THIS.

>> WE HAVE A LOT OF NEW STAFF HERE.

WE HAVE NEW COMMISSIONERS SO WE'RE NOT PROBABLY ON THE SAME

PAGE OF WHAT HAPPENED BEFORE. >> YES, SIR, I DON'T HAVE THAT ANSWER. I DON'T KNOW WHAT WAS DAMAGED PRIOR TO THE FEMA PROJECT. MA'AM, YOU'RE GOING TO HAVE TO

TURN THAT INTO. >> I WAS NOT AWARE.

>> GLAD YOU BROUGHT IT UP TODAY. >> 100%.

LISTEN, WE HAVE HOMEOWNERS THAT YOU KNOW MADE A GREAT EFFORT TO PROTECT THEIR PROPERTY. THAT'S WHAT ALL THIS WOULD HAVE DONE IN THIS SITUATION. I WANT TO MAKE SURE AS YOU PROCEED, THERE ARE OTHER PARTIES IN PONTE VEDRA, OTHER COMMUNITY, THAT'S WHERE MY FAMILY AND YOU USE THE BEACH.

WE NEED TO MAKE SURE WHAT WE'RE AGREEING TO.

THIS HAS A HISTORY OF LEADING TO A LOT OF PROBLEMS. WE NEED TO HAVE ALL THE INFORMATION AND TREADING CAREFULLY. I HAVE SPOKEN TO PEOPLE ON BOTH SIDES OF THIS. I WISH I HAD THIS INFORMATION BEFORE. HAVE WE SPOKEN TO ANYONE IN THE

PLANTATION? >> MR. CHAIR, CAN I CHIME IN?

>> COMMISSIONER, THANK YOU FOR BRINGING THIS TO OUR ATTENTION.

IF ANYONE FROM THE PLANTATION FROM PONTE VEDRA IS WATCHING, PLEASE REACH OUT TO OUR OFFICE. ANY TITLE OR DAMAGE.

209-0805 IS MY PHONE NUMBER. COMMISSIONER, PLEASE FORWARD E-MAILS TO ME. I KNOW YOU JUST RECEIVED THEM TODAY. WE'RE HERE TO WORK COOPERATIVELY WITH THEM. NOT TO IGNORE THEM.

WE WERE JUST UNAWARE AND CERTAINLY WILL LOOK INTO THIS

AND RESEARCH THIS. >> RIGHT, AGAIN THIS IS NOT TO SPRING THIS ON YOU. THIS IS ALREADY A HOT BUTTON ISSUE AND NOW POTENTIALLY, THERE ARE OTHER LAYERS TO THIS WE HAVE TO UNDERSTAND. THAT'S THE REASON I BRING THIS UP. I JUST FOUND OUT AT THE LUNCH

BREAK. >> LET ME -- THAT'S THE PROBLEM

WITH THE RESPONSE. >> LET ME JUST SAY THIS.

HAVING JUST LEARNED OF THIS MYSELF.

I FEEL AWKWARD GOING FORWARD WITH ANY AGREEMENT WITH AN ORGANIZATION OF HOMEOWNERS AS LARGE AS THE PLANTATION HAS NOT BEEN INVOLVED IN ANY WAY WITH ANY DISCUSSIONS.

I'M COMPELLED TO SUGGEST AND CERTAINLY DEFER TO YOU AS THE DISTRICT COMMISSIONER, I'M COMPELLED TO SUGGEST WE POSTPONE THIS, RESCHEDULE FOR MARCH 15. WE NEED TO ACT UP OR DOWN.

[03:55:05]

DON'T WANT TO ACT TODAY AND COME BACK AND UNDO WHAT WE DID BECAUSE WE HAVE NOT HEARD FROM A NECESSARY PARTY IF THEY HAVE AN INTEREST IN THE ACCESS OF RIGHT-OF-WAY AS I UNDERSTAND IT.

>> I AGREE. THE OTHER ISSUE IS THE SAFETY ISSUES. WE HAVE THE OTHER HOMEOWNERS WHO RIGHTFULLY SO ARE COMING TO THE COUNTY.

THIS HAS A HISTORY AND BEEN DOWN THIS ROAD BEFORE.

WE NEED TO MAKE SURE WE KNOW ALL THE FACTS GOING FORWARD.

A SHORT DELAY OR PASS, ONE OF DEADLINES FOR THE DEP IS MAY FIRST. IS THAT CORRECT?

>> YES, APRIL IS WHEN THEY HAVE TO HAVE THEIR REPORT OUT.

IT'S COMING UP CLOSE FOR THEIR REPORTS TO DEP.

>> I THINK THIS PUTS US IN THE POSITION OF HAVING TO POSTPONE THIS AT LEAST UNTIL MARCH 15. THAT'S TWO WEEKS.

BECAUSE I JUST FEEL VERY UNCOMFORTABLE.

I SHARE THE SAME CONCERNS YOU DO, COMMISSIONER BLOCKER, YOU AND I BOTH EXPERIENCED THE SORT OF LET'S SAY FAULTY COMMUNICATION THAT OCCURRED THAT LED TO NUMEROUS INTERACTIONS WITH YOUR CONSTITUENTS THAT WERE NOT PLEASANT BECAUSE OF THAT LACK OF COMMUNICATION. AND I DON'T WANT TO GO FORWARD WITHOUT FULL COMMUNICATION. SO, BEFORE WE VOTE ON ANYTHING, LET'S HAVE THE PUBLIC HEARING ON THIS.

I THINK THAT THAT AS WE LISTEN TO PUBLIC COMMENT, AT LEAST FROM MY PERSPECTIVE. MY INTENT IN GOING FORWARD TODAY WILL BE TO POSTPONE THIS UNTIL MARCH 15 AT THE LATEST AND HAVE ANY DISCUSSIONS WITH PLANTATION REPRESENTATIVES THAT NEED BE.

WITH THAT -- >> I HAVE A QUESTION.

>> I HAVE BEEN GETTING A LOT OF E-MAILS REGARDING PARKING.

CAN YOU TELL ME HOW MUCH OF THE PARKING AT MICHLERS IS GOING TO BE TAKEN UP WITH CONSTRUCTION EQUIPMENT OR SAND?

>> FOR THIS PROJECT? >> IT'S HARD TO SAY.

IT DEPENDS ON WHAT THE PROJECT ENTAILS.

THAT'S WHY THE, I BELIEVE THE AGREEMENT HAS A PLAN THAT WE HAVE TO APPROVE TO FIND OUT WHAT THEY'RE ACTUALLY GOING TO DO.

IF IT'S A LARGE SCALE EVENT LIKE MATTHEW OR IRMA, IT WILL BE A LOT MORE TRUCKS. IF IT'S SOMETHING SMALLER TO KEEP UP WITH COMPLIANCE. IT'S A LOT SMALLER.

IT'S VERY DIFFICULT TO TELL YOU EXACTLY HOW MUCH OF THE PARKING LOT AND HOW LONG, WE ARE LIMITED IN SCOPE AND TIME FOR THIS ACTIVITY. BUT AGAIN, IT'S HARD TO UNDERSTAND WHAT THE FUTURE IS GOING TO HOLD.

>> I RECEIVED SIMILAR REQUESTS AND ADD THAT TO OUR TO DO LIST.

POSTPONE TO HAVE A CLEARER UNDERSTANDING AS POSSIBLE ABOUT THE IMPACT ON PARKING AT MICHLERS AS WELL AS ACCESS WHICH I TRIED TO ADDRESS THE ACCESS ISSUE.

I THINK THAT'S A GOOD POINT ABOUT PARKING.

OKAY. SO WE'LL HEAR FROM THE PUBLIC.

>> AT THIS TIME, WE WILL HEAR FROM PUBLIC COMMENT ON AGENDA ITEM 8. WE HAVE TWO PODIUMS. WE ASK YOU TO COME FORWARD. SO, I BELIEVE YOU'RE FIRST

MA'AM. >> JOE, 1005 BLACK BERRY LANE.

MY WIFE AND I HAVE ONLY BEEN IN THE COUNTY SINCE 2003.

LOOKING AT THIS MAP. I WISH IT WAS STILL UP.

WE ALWAYS USED THAT SAND TYPE ACCESS OR THE BOARD WALK BOTH.

AND I WOULD JUST POINT OUT TO THE ATTORNEY I'M SURE THEY WILL LOOK AT ALL THEIR OPTIONS, A PRESCRIPTIVE EASEMENT IS ONE.

IF THE PLANTATION HASN'T COMMUNICATED OR OBJECTED AFTER YEARS AND YEARS, PERHAPS PRESCRIPTIVE EASEMENT

>> THANK YOU SIR. >> YES, MA'AM.

>> GOOD AFTERNOON. I AM LAURA ROBBINS, I RESIDE AT IN PONTE VEDRA. I WOULD LIKE TO ADDRESS THE PROPOSAL MADE BY THE OWNERS OF CERTAIN COASTAL PROPERTY TO ALLOW ACCESS TO USE OF MICHLER'S BEACH FRONT PARK TO COMPLY WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION.

MY HOME IS DIRECTLY ACROSS THE STREET FROM THE SOLE ACCESS POINT OF THE DELIVERY OF SAND FOR PHASE ONE AND TWO OF THE DUNE ENHANCEMENT PROJECT. I DON'T THINK THAT WE CAN ADDRESS THIS REQUEST FOR PRIVATE USE OF A PUBLIC ACCESS POINT

[04:00:03]

WITHOUT ADDRESSING THE FACT THAT THE COUNTY IS CURRENTLY SPENDING TAXPAYER FUNDS FOR USE OF MULTIPLE PRIVATE ACCESS POINTS FOR A PUBLIC PROJECT. AND IN THE PROCESS OF DOING SO, IS CAUSING DAMAGE TO MY HOME, THE HOMES SURROUNDING 965 PONTE VEDRA BOULEVARD AS WELL AS CREATING AN UNLIVEABLE ENVIRONMENT FOR MY FAMILY. THE COUNTY IS SPENDING NEARLY $2 MILLION OVER THE COURSE OF THIS PROJECT TO LEASE PRIVATE PROPERTY AT 725, 965, AND 2349 PONTE VEDRA BOULEVARD.

WHILE MICHLER'S IS AVAILABLE AND AUTHORIZED FOR USE AT NO COST.

AND COULD BE USED WITHOUT DEPRIVING COUNTY RESIDENTS OF PUBLIC BEACH ACCESS. THE COUNTY MERELY NEEDS TO REDIRECT THE CARS THAT ARE DRIVING TO MICHLER'S TO TWO-AND-A-HALF MILES DOWN THE ROAD OR OTHERWISE FACILITATE USE OF EXISTING PUBLIC ACCESS POINTS.

THE COST OF LEASING PRIVATE ACCESS COUPLED WITH THE LESS EFFICIENT AND THEREFORE MORE TIME CONSUMES AND EXPENSIVE PROCESS OF BRINGING SAND FIRST TO CORNERSTONE AND THEN TO 965 AS OPPOSED TO THE USE OF PUBLIC ACCESS IS AN UNNECESSARY USE OF PUBLIC FUNDS NOT TO MENTION THE INCREASED RISK TO COUNTY RESIDENTS CAUSED BY AN AVERAGE OF NEARLY 200 TRUCKS ENTERING AND EXITING BOTH SITES ON A DAILY BASIS.

MOVING THE ACCESS POINT OF SAND TO MICHLERS GOING FORWARD IS THE SAFEST MOST COST EFFECTIVE WAY TO CONTINUE THE FEMA DUNE PROJECT. COUNTY IS PLANNING TO EXTEND THE DEADLINE FOR A PROJECT THAT WAS SUPPOSED TO BE COMPLETED DECEMBER 2021 TO SEPTEMBER 2022 AND IN DOING SO, CREATE ON GOING RISKS FOR COUNTY RESIDENTS, CONTINUE TO DAMAGE PRIVATE HOMES AND SPEND COUNTY TAXPAYER FUNDS UNNECESSARILY.

THIS PROJECT STARTED IN AUGUST 2021 --

>> OKAY MA'AM, THANK YOU. >> I HAVE ONE QUESTION.

COMMISSIONER DEAN, SAID THAT THERE WAS NO PRIVATE ACCESS.

I WOULD LIKE TO ASK WHY THESE RESIDENTS CAN'T USE THE EMPTY

LOT DIRECTLY NORTH OF 941 -- >> MA'AM.

>> WE ONLY ALLOW THREE MINUTES. I DEFER TO THE CHAIRMAN.

>> THIS ISN'T PUBLIC DEBATE. I CAN MEET WITH YOU AFTER THE MEETING. THIS IS PUBLIC COMMENT.

WE WILL HAVE THE NEXT SPEAKER. >> NICOLE CROSBY.

I WILL FOLLOW UP WHERE YOU LEFT OFF COMMISSIONER BLOCKER.

THE RIGHT-OF-WAY THE SAND TRUCKS USE AT MICHLER BEACH IS OWNED BY THE PLANTATION OF PONTE VEDRA. I ACTUALLY HAVE A STATEMENT THAT CAME FROM TOM CRUISE, THE PRESIDENT OF THE BOARD OF DIRECTORS OF THE PLANTATION AND ALSO FROM JODY CLARK, THE GENERAL MANAGER. YOU PROBABLY HAVE THAT IN YOUR E-MAIL. THE PLANTATION OF PONTE VEDRA IS OPPOSED OF USE TO THE USE OF VEHICULAR USE.

YOU HAVE ALREADY DECIDED TO DO THAT.

SO I'M JUST GOING TO CONTINUE WITH MY THOUGHTS ABOUT THIS.

THOUSANDS OF RESIDENTS SHOULD NOT BE ASKED TO GIVE UP VALUABLE PARKING SPACES FOR A GEO TUBE HOMEOWNER.

ALL 14 HAVE BEEN OFFERED OVER A MILLION DOLLARS OF TAXPAYER SAND DELIVERED TO THEIR GEO TUBES. ONE HAS REJECTED TAKING IT AND THREATENED TO STOP SAND TRUCKS. WE DO NOT WANT A MOUNTAIN OF SAND WHICH I ATTEMPTED TO SHOW. THIS IS WHAT HAPPENED WITH THE INSTALLATION OF THE GEO TUBES AND THE ENORMOUS POWER AND SAND TRUCKS TAKING UP OUR LOTS. YOU'RE ASKING 50 FAMILIES NOT TO GO TO THE BEACH BECAUSE ONE PERSON IS MAKING ABSURD DEMANDS.

THEY CAN USE IT AGAIN NEXT YEAR. FOR SAFETY REASONS THERE CAN BE NO INTERMINGLES OF PEDESTRIANS AND SAND TRUCKS AS WE LEARNED THAT LESSON VERY WELL WHEN THE GEO TUBES WERE INSTALLED AND WE'RE SEEING THIS IN THE CLOSURE OF THE FEMA DUNE.

REGARDING THE CONCERN ABOUT THE EXPOSED GEO TUBES.

[04:05:02]

LET ME EXPLAIN WHY THAT HAS NOTHING TO DO -- THIS IS AN E-MAIL EXCHANGE WITH THE DIRECTOR OF DEP.

I CONTACTED HEAR IN 2020 TO FOUND OUT WHERE NO WORK HAS BEEN DONE. I WROTE HERE.

YOU MENTIONED THAT THE REPLENISHMENT IS BEING DELAYED UNTIL AFTER JANUARY BECAUSE WE'RE STILL IN NOR EASTERN SEASON. IS THIS BECAUSE SAND IS STILL BEING RESTORED? CORRECT? HER REPLY IS YES. THIS IS A REQUEST FROM THE HOMEOWNER AS LONG AS THEY ARE COVERED PRIOR TO TURTLE SEASON.

DEP HAS DECIDED IT'S REASONABLE TO GIVE THE GEO TUBE HOMEOWNERS TO HAVE THEIR SAND REPLENISHED. AT LEAST THREE FEET OF SAND SHALL BE IN EXISTENCE. THANK YOU.

THANK YOU, MA'AM. >> NANCY CONDREN, 1049.

A LITTLE BACKGROUND ON GEO TUBE. THERE HAS NEVER BEEN A BEACH FRONT HOME THAT HAS BEEN SAVED FROM A HURRICANE BY A GEO TUBE.

THEY SIMPLY WILL NOT DO IT. ONCE THE WATER OVER TAKES THE TUBES WHICH WOULD HAPPEN BECAUSE AFTER MATTHEW, THE STORM SURGE OVER TOOK THE TUBES AND CAUSED INCREASED EROSION BEHIND THE GEO TUBES BY BOUNCING BACK AND FORTH.

THEY'RE NOT GOING TO SAVE THEIR HOMES DURING A HURRICANE.

EVERY TIME GEO TUBES HAVE BEEN INSTALLED IN THE STATE OF FLORIDA ON PROTECT BEACH FRONT PROPERTY, THE OWNERS HAVE ENDED UP TAKING THEM OUT WITHIN A COUPLE OF YEARS BECAUSE IT'S A HEADACHE. YOU HAVE TO KEEP REPLACING THE SAND. THESE PEOPLE WENT AHEAD AND INSTALLED THE GEO TUBES AND NOW THEY'RE STUCK.

THE IMPORTANT THING HERE IS, THAT'S THEIR PROBLEM.

THAT'S NOT THE COUNTY'S PROBLEM. WE SHOULDN'T HAVE DO GIVE UP MICHLERS EVERY YEAR BECAUSE OF THEIR MISTAKE.

THIS CONTRACT, I DON'T SEE THE CONSIDERATION HERE.

CONTRACT HAS TO HAVE CONSIDERATION GOING BOTH WAYS.

THE COUNTY IS GIVING THEM FREE ACCESS TO USE MICHLER WHEREVER THEY WANT AND CLOSE THE ACCESS FOR 30 MINUTE INTERVALS WHILE THEY GET THEIR TRUCKS IN AND OUT.

THIS IS A HUGE INCONVENIENCE. THE ONLY CONSIDERATION I SEE THE DURRETAS ARE GIVING UP, THEY ARE WAIVING THEIR RIGHT TO UPON TO THE FEMA PROJECT. I AM A BEACH FRONT HOMEOWNER.

I KNOW IT'S NOT TRESPASSING WHEN TRUCKS, ATVS, PEOPLE GO BY MY HOUSE ON THE BEACH. THAT IS NOT TRESPASSING.

IF YOU AGREE TO THIS CONTRACT. YOU WILL SET A PRECEDENT THAT SAYS, IT'S TRESPASSING TO GO THE BEACH IN FRONT OF SOMEBODY'S PROPERTY. THAT BEACH DRIVING WE HAVE IN ST. JOHNS, YOU'RE GOING TO LOSE THAT BECAUSE YOU'RE GOING TO HAVE TO HAVE EASEMENTS FROM EVERY BEACH FRONT PROPERTY OWNER SAYING THIS ISN'T TRESPASSING,ALLOW IT.

THERE ARE TURTLE PATROLS THAT USE ATVS.

SHE SAYS THAT ATVS ARE ALSO A TRESPASS.

MOST OF VIDEO OF THAT. THAT'S NOT TRESPASS.

I KNOW THAT. BUT IF YOU SIGN THIS AGREEMENT SAYING IT IS, I WILL NOT GIVE THEM AN EASEMENT TO DRIVE PAST MY HOUSE WHICH IS BETWEEN THE DURRETAS AND MICHLERS, SHE HAS GONE OUT OF HER WAY TO STOP THE BEACH DUNE

>> MA'AM, THANK YOU. >> YES, SIR.

>> YES, SIR MY NAME IS JOHN, 411, 17TH STREET.

THANK YOU FOR ALLOWING ME TO SPEAK REGARDING ACCESS TO THE COUNTY PROPERTY IN PONTE VEDRA BEACH.

MY WIFE AND I ARE HOMEOWNERS OF NORTH BEACH.

WE HAVE A FIVE WALK BLOCK TO ACCESS WHAT I CALL THE BOATING CLUB ROAD BEACH. AS ONE WAY TO ENJOY OUR RETIREMENT. WE FEAR THIS TYPE OF AGREEMENT BETWEEN LANDOWNERS ONLY FOR PRIVATE USE WILL SET A PRECEDENT CONCERNING BEACH PROPERTIES DOWN A1 A TO NORTH BEACH AND BEYOND.

THESE AGREEMENTS WOULD ALTER THE PRIMARY ATTRACTION OF THE COMMUNITIES FOR BOTH RESIDENTS AND VISITORS.

[04:10:02]

THAT IS, THEY HAVE CONVENIENT FREE AND UNIMPEDED ACCESS TO OUR BEACHES. IN SHORT, I ASK YOU TO CONSIDER THE POSSIBLE UNINTENDED CONSEQUENCES OF SIGNING ON TO THIS THANK YOU.

>> YES, SIR. NAME AND ADDRESS.

>> YEAH, JOHN WALSTON. 1085 PONTE VEDRA BOULEVARD.

ONE OF THE 14 GEO TUBE HOMEOWNERS.

I WILL SAY BY THE WAY, AS BEING PART OF THE PROJECT INITIALLY, WE REPAIRED ANY PARKING LOT DAMAGE.

HAD WE BEEN MADE AWARE OF DAMAGE, WE WOULD HAVE ATTENDED TO THAT. I WOULD LIKE TO THANK THE COMMISSION FOR TAKING UP THIS MATTER AND CHAIRMAN DEAN FOR BRINGING THIS TO THE PUBLIC. WE THINK THE AGREEMENT STRIKES A REALLY GOOD BALANCE BETWEEN THE INTERESTS.

OPENNESS, WE'RE TALKING ABOUT SAFETY.

AND WE'RE TALKING ABOUT ACCESS. OUR GROUP HAS BEEN WELL DOCUMENTED AND INVESTED A LOT OF PERSONAL RESOURCES IN PROTECTING OUR PROPERTY. THAT'S SIMPLY WHAT IT IS.

THIS SHOULDN'T BE A PERSONAL ATTACK BUT FOR SOME REASON WE EACH GOING DOWN TO RABBIT HOLE. IT'S 14 PEOPLE TRYING TO PROTECT THEIR PROPERTY. TO SAY THE GEO TUBES HAS BEEN AN EPIC FACTOR, THE FACT IS THEY HAVE BEEN AN EPIC SUCCESS.

WE HAVEN'T LOST ONE GRAIN OF SAND BEHIND THE GEO TUBES.

I KNOW PROPERTIES DOWN IN OUR PART OF THE BEACH UNPROTECTED HAVE LOST SEVERAL FEET OF DUNE. HAVE 15 FEET AND ARE IN DIRE STRAIGHTS. I FEEL BADLY FOR THOSE PEOPLE.

WE HAVE BEEN PROTECTED CAN CONSIDER THE TUBES A GREAT SUCCESS. THE LAST YEAR WE DID USE PRIVATE PROPERTY. THIS YEAR THAT IS NOT AVAILABLE TO US. WE DON'T HAVE THAT OPTION.

MICHLERS IS OUR BEST ACCESS POINT AND FRANKLY OUR ONLY ACCESS POINT. TO BE CLEAR.

WE HAVE ALWAYS SUPPORTED OPEN BEACHES.

WE HAVE NEVER ASKED FOR CLOSURE. THAT WAS KNOW KNOW ISSUE THAT CAME OUT FROM A DIFFERENT ORIGIN.

WE ARE IN TOTAL SUPPORT OF OPEN ACCESS TO THE PUBLIC AND THAT'S OUR FIRST AND FOREMOST PRIORITY IN COMMUNICATING TO YOU.

IF YOU WALK AWAY WITH ANYTHING. WE ARE FOR OPEN BEACHES.

WE ALSO PLEDGE TO WORK WITH THE COUNTY HAND IN HAND AND WITH THE PUBLIC TO MAKE SURE THAT ACCESS AND THE SAFETY CONCERNS ARE READILY ADDRESSED. WE SHARE THOSE SAME CONCERNS.

WE CARE ABOUT THE PUBLIC. WE CARE ABOUT THE BEACH.

WE CARE ABOUT THE TURTLE NESTING HABITAT.

THAT'S WHY WE CONTINUE TO MAINTAIN TO MEET OUR COMMITMENTS TO THE DEP. SO THIS WELL CONCEIVED AGREEMENT. I THINK IT'S EXTREMELY WELL CONCEIVED, PUTS THE COUNTY IN THE DRIVER'S SEAT.

YOU LAID DOWN ALL DETAILS AND TERMS AND CONDITIONS.

WE HAVE TO ABIDE BY YOUR ROLE AND WE ARE WILLING TO DO THAT.

ALL I'M SAYING IS THIS IS A GREAT AGREEMENT.

IT'S A REASONABLE AGREEMENT. IT ADDRESSES SAFETY, IT ADDRESSES ACCESS AND MOST IMPORTANTLY ADDRESSES OPEN AND

THAT'S WHAT WE >> THANK YOU.

SIR. >> MY NAME IS TOM KENNEDY.

MY ADDRESSES 929 PONTE VEDRA BOULEVARD.

AND I AM ONE OF THE GEO TUBE OWNERS.

I WOULD LIKE TO SHARE A LITTLE WITH YOU ABOUT HOW IMPORTANT THAT HAS BEEN TO US IN PROTECTING OUR HOME AND PROTECTING THE BEACH ITSELF AND ALSO SOMETHING THAT MY WIFE AND I ARE VERY TIED TO IN SUPPORTING TURTLES AND THEIR ABILITY TO BUILD THEIR NESTS AND ALSO TO HATCH.

FIRST OF ALL, JOHN DID A GREAT JOB EXPLAINING OUR POSITION.

WE CAN DO OUR JOB WITH AN OPEN MICHLERS.

THE BEACH WOULD BE OPEN TO THE PEDESTRIAN ACCESS POINT AT ALL TIMES. THERE WON'T BE ANY CLOSURE.

WE BELIEVE WE CAN DO THAT IN A SWIFT PEDESTRIAN.

THIS IS THE DATA SHOWN BEFORE IN TERMS OF USE OF MICHLERS WHEN IT WAS INITIAL PROJECT REPLACING ENTIRE DUNES.

WE ARE COMING IN AND AFTER THE SAND IS SWEPT AWAY REPACKING THE SAND. IT'S A LOT LESS SAND THAT HAS TO BE USED AND TRUCKED ACROSS. IT'S A MUCH SMALLER PROJECT.

THAT'S ANOTHER KEY ASPECT. I KNOW THERE WAS CONCERNS ABOUT TURTLE NESTING AND WITH GEO TUBES THEY ARE NOT ECO FRIENDLY WITH TURTLES. I HAVE PERSONAL EXPERIENCE AND I KNOW THERE'S BEEN DATA COLLECTED BY THE STATE, FISH AND WILDLIFE ORGANIZATION THAT STATES THAT THEY'RE SEEING THE SAME TYPE OF STATISTICS RELATIVE TO TURTLE NESTING AND HATCHING ON PROPERTIES WITH GEO TUBES AS OTHER PROPERTIES ON THE BEACH.

[04:15:06]

WE HAVE A 17-FOOT DUNE PROTECTED BY GEO TUBES AND BEFORE WE GOT ACCESS TO PUT THE GEO TUBE IN. THERE WAS A LARGE, ALMOST LIKE A CLIFF COMING OFF THAT 17 FOOT. NO WAY A TURTLE WAS GOING TO BE ABLE TO GET ON THE DUNE AND LAY ANY EGGS OR BUILD A NEST.

AFTER THE TUBES WERE INSTALLED THIS PAST YEAR.

THIS YEAR WE HAD TWO TURTLE NESTINGS AND ONE OF TURTLES WENT TO THE TOP OF THE DUNE AND WAS ABLE TO WALK UP THAT SLOPE OF THE DUNE TO BE ABLE TO GET THERE.

I THINK THAT ONE HAS TO BE OFF THE TABLE NOW AS AN ISSUE.

I KNOW THERE WAS MISCOMMUNICATIONS ON THAT.

I THINK THE BOTTOM LINE HERE IS, IF WE, IF WE'RE NOT ALLOWED TO CONTINUE TO PROVIDE SAND ON TOP OF OUR DUNES OVER THE YEARS, WHAT IS OUR ALTERNATIVE? AT SOME POINT WE HAVE TO PROTECT OUR HOMES. THE NEXT THING THE STATE ALLOWS IS FOR US TO PUT SEA WALLS IN. I'M NOT A FAN OF SEA WALLS.

I LIKE TO WALK THE BEACH. I KNOW TURTLES CAN'T WALK SEA WALLS. IT'S NOT A GREAT SOLUTION.

I BELIEVE THE GEO TUBE PROVIDES THE BEST SOLUTION ENVIRONMENTABLY AND ALL IN SUPPORT OF THE TURTLES AND WHAT

THEY NEED TO DO. >> THANK YOU.

JUST BY WALKING DOWN THE BEACH AND LOOKING AT THEM.

>> SIR, WE HAVE TO GIVE EVERYONE THREE MINUTES.

ANY FURTHER PUBLIC COMMENT? YES, MA'AM.

>> MY NAME IS GLORIA VALES, I LIVE WITHIN THE NOCATEE AREA.

I HAVE LIVED HERE FOR ABOUT EIGHT YEARS.

I HAVE SEEN THE ACCESS DETERIORATE SIGNIFICANTLY OVER THE YEARS IN TERMS OF BEING ABLE TO PARK OVER THERE.

I WAS A LITTLE INVOLVED WITH THE GEO TUBE PROJECT.

AND MANY TIMES WHEN I WENT OVER THERE, THEY WERE HUGE PILES OF SAND. THERE WAS MANY, MANY PARKING SPOTS TAKEN AWAY AND WHEN YOU READ THROUGH THIS AGREEMENT AND I'M ACTUALLY NO ATTORNEY, IT DOESN'T LOOK LIKE THERE'S GOING TO BE ANY PROTECTION AT ALL FOR THE LOCAL PEOPLE THAT MUST DRIVE AND MUST PARK AT THE BEACH AREA. I DON'T SEE, I DON'T SEE ANY LANGUAGE IN THERE TO ENSURE THAT ALL OF THE PARKING SPOTS WOULD BE AVAILABLE AVAILABLE FOR ALL THE TIME.

AND IN THE PAST WHEN THE BEACH WAS CLOSED, IT WAS FOR MONTHS AT A TIME AND THEN WE WENT TO. WOULD OPEN UP AT 11 O'CLOCK.

MY HUSBAND AND I ARE RETIRED. GOING TO THE BEACH IS SOMETHING THAT WE ENJOY DOING ON THE OFF SEASON.

BECAUSE THE SEASONAL TIME IS VERY BUSY THERE.

WITH THE FAMILIES AND THE CHILDREN.

AND SO WHEN THE APPROACH IS DONE TO ALLOW SOMETHING TO HAPPEN LIKE THIS, PEOPLE THINK THAT IT DOESN'T IMPACT SOME OF THE RETIREES THAT ARE HERE. SO I JUST WANTED TO ALSO THANK YOU. I SENT E-MAILS TO YOU.

I HAVE GOTTEN RESPONSES. I WOULD SURE HOPE THAT YOU WOULD NOT MOVE FORWARD AND POTENTIALLY IMPACT SOME OF THE PEOPLE THAT MUST, THE ONLY WAY, YOU GUYS TALK ABOUT BEACH ACCESS.

BUT PART OF THE ACCESS IS BEING ABLE TO PARK.

AND THAT'S ONE OF THE BIGGEST PROBLEMS AND I DON'T SEE THAT GOING AWAY WHEN YOU ALLOW THIS TO HAPPEN BECAUSE YOU TALK ABOUT 30 MINUTES IN THE PROPOSAL. BUT WHAT DOES THAT MEAN? IS THAT CONSECUTIVE 30 MINUTES? ARE YOU CLOSING THE ENTRANCE TO THE PARKING LOT? SO THANK YOU VERY MUCH.

>> THANK YOU, MA'AM. ANY FURTHER PUBLIC COMMENT ON THIS AGENDA ITEM? ANY FURTHER COMMENT? MR. CHAIRMAN, NOT SEEING FURTHER.

>>CHAIR DEAN: ANY MORE BOARD QUESTIONS OR COMMENTS AT THIS

POINT? >> NO, SIR.

NOT IF WE'RE GOING -- >> I WAS GOING TO ASK FOR COMMENTS AND TURN TO COMMISSIONER BLOCKER AND SEE WE DISCUSSED BEFORE PUBLIC COMMENT THE CONCEPT OF MOVING THIS ITEM TO THE MARCH 15. IS THAT SOMETHING YOU WOULD LIKE

TO PROPOSE? >> I DO MR. CHAIRMAN.

I THINK IT'S IMPORTANT TO HAVE CONSENSUS.

I HAVE OTHER QUESTIONS HERE. THERE'S POINTS ABOUT IT.

I WOULD LIKE TO POINT FIND OUT IF THERE ARE OTHER POTENTIAL PARTIES IMPACTED. SO AGAIN, I'M NOT REPRESENTING THAT THE PLANTATION HAS AN INTEREST.

THEY ARE CLAIMING THEY DO. I THINK WE NEED TO GET AN ANSWER

[04:20:08]

TO THAT. >> I CERTAINLY UNDERSTAND THAT.

DO YOU NEED ME TO MAKE A MOTION? >> I THINK SO.

>> JUST HELP ME HERE IF I'M MISS SEEING IT.

I MAKE A MOTION WE DELAY THIS AGENDA ITEM, NUMBER 8, TO OUR

MARCH 15TH BOARD MEETING. >> I WILL SECOND THAT.

>> WE HAVE A MOTION AND SECOND. COMMISSIONER

>> VOTING >> YES.

COMMISSIONER >> YES.

COMMISSIONER >> YES, SIR.

COMMISSIONER ARNOLD. >> YES, SIR.

AND I VOTE YES ALSO. WE WILL HEAR THIS AGAIN ON MARCH 15. TWO WEEKS FROM TODAY.

THANK EVERYONE FOR COMING WHO SPOKE TODAY ON THIS ITEM.

[9. First reading of proposed one-cent infrastructure surtax ordinance. On February 15, 2022, the Board of County Commissioners ("Board") directed the County Attorney to prepare a proposed one percent local government infrastructure surtax ordinance for first reading on March 1st. The initial draft is attached. In sum, the proposed ordinance: (1) provides for the levy of a 1% local government infrastructure surtax upon all authorized taxable transactions occurring within the County (subject to voter approval); (2) provides that the levy shall be effective for ten years, beginning on January 1, 2023; (3) provides for the distribution and use of surtax revenues, including a listing of the types of potential infrastructure projects; (4) directs the Supervisor of Elections to hold a Countywide precinct referendum election on November 8, 2022; (5) provides the ballot language; (6) directs the Clerk of Court to advertise the referendum election in accordance with state law; and (7) provides for a performance audit in accordance with state law. Again, this is the first reading of the proposed ordinance; therefore, no formal action by the Board is required at this time. This first reading does however provide the Board an opportunity to gather public comment and to provide additional direction to the County Attorney in revising the proposed ordinance.]

AND THAT TAKES US TO OUR LAST ITEM ON THE AGENDA, NUMBER NINE.

>> GOOD AFTERNOON MR. CHAIR AND BOARD MEMBERS.

DAVID MIGUT. COUNTY ATTORNEY ON THE FIRST READING OF THE PROPOSED $0.01 INFRASTRUCTURE SURTAX ORDINANCE.

FOR THIS ITEM, I'M GOING TO GIVE A BRIEF THREE TO FIVE MINUTE INTRODUCTION ON THE LEGAL ASPECTS OF WHAT IS IN THE ORDINANCE AND WHAT IS REQUIRED UNDER THE LAW AND WHY IT'S IN THE ORDINANCE. THEN I WILL TURN IT OVER TO ADMINISTRATION TO TALK ABOUT MORE OF THE PRACTICAL ASPECTS.

I HAVE A SOLE POWER POINT I WILL BRING UP RIGHT NOW.

SO, A VERY BRIEF HISTORY AS YOU'RE AWARE.

THIS WAS FRESH AND JUST LAST MEETING.

THE BOARD DIRECTED COUNTY ATTORNEYS OFFICE TO PREPARE THIS PROPOSAL $0.01 INFRASTRUCTURE SURTAX ORDINANCE FOR ITS FIRST READING TODAY. THE ORDINANCE IN ACCORDANCE WITH FLORIDA LAW WILL LEVY A $0.01 TAX FOR INFRASTRUCTURE AND BASED ON THE DIRECTION FROM THE BOARD. IT'S DRAFTED AS BEING FOR A 10 YEAR PERIOD BEGINNING JANUARY 1ST OF 2023 AND ENDING ON DECEMBER 31ST, 2032. ALSO IN ACCORDANCE WITH FLORIDA LAW, THIS DOES NOT TAKE EFFECT UNLESS IT'S APPROVED AT THE NEXT ELECTION BY A MAJORITY, 50% PLUS ONE OF THE VOTERS WHO VOTE IN THE ELECTION. THAT ELECTION WILL BE ON NOVEMBER 8TH. IN ORDER FOR THIS TO BE ON THE BALLOT ON NOVEMBER 8TH, YOU ALSO HAVE TO APPROVE THIS ORDINANCE.

BY PASSING THIS, IF YOU CHOOSE TO DO SO, THAT WILL GIVE US ENOUGH TIME TO GET ON THE NOVEMBER 8TH BALLOT, DATE OF THE MID TERM ELECTION. SO, SOME SENATE SEATS.

ALL OF THE CONGRESS SEATS ARE UP.

LOCAL GOVERNMENT SEATS UP. THE ORDINANCE LIMITS THE SURTAX PROCEEDS TO THE FOLLOWING TYPES OF PROJECTS AND THIS WAS YOU KNOW, THE DIRECTION CAME FROM YOU ALL AND ADMINISTRATION WORKED WITH YOU ALL. ROAD IMPROVEMENTS.

INFRASTRUCTURE FOR LAW ENFORCEMENT, EMERGENCY SERVICES, PUBLIC PARKS AND RECREATION, LIBRARIES, STORMWATER MANAGEMENT, AND COASTAL EROSION MANAGEMENT PROJECTS.