Sep 06, 2022 Board of County Commissioners

[Call to Order by Chair]

[00:00:16]

>> WELL, GOOD MORNING, WELCOME TO THE SEPTEMBER 6TH COUNTY COMMISSION MEETING.

FLOOD TO SEE EVERYONE HERE -- GLAD TO SEE EVERYONE HERE THIS MORNING AS WE ALWAYS DO. WE'RE GOING TO START WITH A ROLL CALL AND BY THE WAY COMMISSIONER WALLEDRON I MENTIONED EARLIER OUT IN THE RECEPTION IS IN THE HOSPITAL BUT HE'S DOING, I UNDERSTAND, QUITE WELL. I HEARD. I HOPE. HE'LL BE CALLING IN. SO WE'RE GOING TO DO VOICE VOTES TODAY. THAT'S WHAT WE DO WHEN WE HAVE A CALL IN BOARD MEMBER. SO WITH THAT SAID WE'LL HAVE ROLL CALL PLEASE. (.

>> WELCOME, PAUL, WE HEAR YOU AROUND HOPE YOU ARE DO DOING WOLFFFULLY. WITH THAT SAID WE'RE NOW GOING TO HAVE THE INVOCATION AND THEN AFTER THE INVOCATION THE PLEDGE AND THE INVOCATION WILL BE GIVEN BY PASTOR EARL GLISS YEN. I SAW HIM EARLIER. THEN AFTER THAT WE'RE GOING TO HAVE THE PLEDGE BY ROY JONES, VETERAN NAVY MAN ALONG WITH MY DAD IN WORLD WAR II. MY DAD, NOT HIM.

>> LET'S PRAY. DEAR HEAVENLY FATHER WE COME BEFORE YOU THIS MORNING THE CREATOR OF HEAVEN AND EARTH AND SUBMIT OURSELVES TO YOUR AUTHORITY. YOUR WORD TELLS US THAT YOUR WAYS ARE HIGHER THAT HAPPEN OUR WAYS SO WE ASK FOR YOUR IMPORTATION OF YOUR WISDOM IN THE GOVERNING OF THE AFFAIRS OF THIS COUNTY FOR WHICH YOUR PEOPLE RESIDE. AS YOUR SOP WAS QUOTEDS AS SAYING THE I DO NOT SPEAK ON MY OWN INITIATIVE. THE FATHER SENT ME. I PRAY THAT HE UNDERSTOOD THAT IT WAS YOU THAT WE HAVE WISDOM. HE UNDERSTOOD THAT IT WAS YOU THAT GIVES US KNOWLEDGE AND UNDERSTANDING.

I PRAY THAT THE MEN AND WOMEN OF THE BOARD OF COMMISSIONERS WILL HAVE THE SAME DESIRE WHEN MAKING DECISIONS THAT AFFECT AND INFLUENCE THE PEOPLE WHO RESIDE. I ASK YOU FOR CONTINUED PROTECTION AND SAFETY FOR THEM. I PRAY FOR PROTECTION AS WELL AS THE PROVISIONS NECESSARY TO ACCOMPLISH ALL THEY WANT TO ACCOMPLISH. WE THANK YOU FOR EVERYTHING THAT YOU'VE DONE AND WE ASK YOU THAT IN JESUS' NAME,

AMEN. >> ROY?

>> P I PROMISE ALLEGIANCE TO THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.

>> WE'RE NOW GOING TO HAVE SEVERAL PROCLAMATIONS, I'LL COME DOWN FOR THE FIRST ONE.

[Proclamation Recognizing September 2022 as Library Card Sign-up Month]

[PAUSE] >> WELL, GOOD MORNING, AGAIN WE'RE GOING TO RECOGNIZE FIRST AND HAVE A PROCLAMATION FOR OUR WONDERFUL LIBRARY ASSISTANT AND LIBRARY SERVICES, I'M GOING TO CALL ON DEBRA GIBSON WHO DOES A FANTASTIC JOB HEADING UP OUR LIBRARY SERVICES IN THIS COUNTY. YOU CAN BRING UP AS MANY FOLKS AS WE WANT TO HAVE A LITTLE GROUP GATHERING.

COME ON UP. WHILE THEY'RE COMING UP THEN I'LL BE ASKING JOANNE, ARE YOU READING THE PROCLAMATION.

LET'S GET EVERYONE UP HERE. >> GOOD MORNING, A PROCLAMATION BY THE BOARD OF COUNTY COMMISSIONERS, WHEREAS A LIBRARY CARD IS THE MOST IMPORTANT SCHOOL SUPPLY OF ALL, AND PLAYS AN IMPORTANT PART IN THE

[00:05:02]

[APPLAUSE] >> THANK YOU, JOANNE. I WANTED TO TAKE A MOMENT TO THANK OUR COUNTY COMMISSIONERS AND OUR COMMUNITY FOR THEIR TEMPERATURE SUPPORT. IF YOU DON'T HAVE A LIBRARY CARD, WE ENCOURAGE YOU THIS MONTH ESPECIALLY TO COME IN AND GET A LIBRARY CARD. I KNOW YOU HAVE HEARD ME SAY THIS BEFORE, BUT WE ARE NOT YOUR GRANDMOTHER'S LIBRARY ANYMORE. WE HAVE THINGS THAT YOU'VE NEVER REALLY THOUGHT WOULD BE INSIDE A LIBRARY. FOR EXAMPLE, WE HAVE SPECIAL PROMOTIONS THIS MONTH. IF YOU GO ON TO THE SOCIAL MEDIA OR OUR WEBSITE, YOU WILL SEE THERE IS A 20% DISCOUNT WITH YOUR LIBRARY CARD FOR TICKETS TO THE JACKSONVILLE SYMPHONY. IF YOU KNOW SOMEONE OR HAVE SOMEONE IN YOUR FAMILY WHO EXPERIENCES CERTAIN TYPES OF COLOR BLINDNESS WE HAVE ENKROMAH GLASSES. WE HAVE A CONTEST THIS MONTH WHERE YOU CAN ENTER THAT CONTEST AND YOUR PERSON WOULD BE AWARDED A FREE PAIR OF ENCHROMEO COLOR BLINDNESS GLASSES. I'M IT THREED TO SAY WE'RE THE ONLY LIBRARY IN THE STATE OF FLORIDA PARTICIPATING IN THIS COMPETITION AND ONE OF FOUR PARTICIPATING NATIONALLY IN THE COMPETITION. SO I ENCOURAGE YOU TO ENTER AND HOPEFULLY RECEIVE THOSE GLASSES. WE ALSO HAVE MULTIPLE, MULTIPLE DATABASES, EVERYTHING FROM FROM YOUNG EARSAL CLASSES IF YOU ARE LOOKING FOR ENHANCING A SKILL SET OR A WORK FORCE SKILL, OR JUST WANT TO LEARN HOW TO KNIT OR CROCHET OR WHATEVER, GO ON TO YOUR WEBSITE AND ACCESS THE UNIVERSAL CLASS DATABASE.

WE ALSO HAVE A LIBRARY OF THINGS.

ALL THOSE THINGS THAT YOU NEVER REALLY THOUGHT OF IN TERMS OF BEING IN YOUR LIBRARY, EVERYTHING FROM TELESCOPES TO NATIONAL PARK PASSES TO ADVENTURE BACKPACKS TO SEED LIBRARY, ALL OF THAT IS ACCESSIBLE TO YOU WITH A LIBRARY CARD. WE LOVE TO SEE PEOPLE COME INTO OUR SITES. WE'RE 6 LOCATIONS THROUGHOUT THE COUNTY INCLUDING TWO BOOK MOBILES. WE'RE CURRENTLY IN THE PLANNING PROCESS FOR AN ADDITIONAL TWO LIBRARY LOCATIONS. COME IN THIS MONTH. CHECK US OUT. GET A FREE LIBRARY CARD.

WE'D LOVE TO SEE YOU. THANK YOU.

[APPLAUSE] [PAUSE]

[Proclamation Recognizing Sept. 15-Oct. 15, 2022 as Hispanic Heritage Month]

>> GOOD MORNING, EVERYBODY, I NOW HAVE THE HONOR OF PRESENTING THE HIS PARRIC HERITAGE MONTH PROCLAMATION, I WOULD LIKE TO ASK MISS GUSO AND IS MONICA HERNANDEZ HERE? OH, GOOD RIGHT IN THE FRONT ROW. HOW DID I MISS YOU? WELCOME BACK. PLEASE JOIN ME UP HERE.

MISS SPENCER PLEASE READ THE PROCLAMATION INTO THE RECORD. I'M GOING TO SAY A FEW WORDS AND TURN IT OVER

TO SENORA GUSSO. >> A PROCRAMMATION BY THE BOARD OF COUNTY COMMISSIONERS ST. JOHNS FLORIDA. WHEREAS IN 1968 PRESIDENT JOHNSON STARTED

[00:10:03]

AND WHEREAS SEPTEMBER 15 IS SIGNIFICANT BECAUSE IT IS THE ANNIVERSARY OF INDEPENDENCE OF LATIN AMERICAN COUNTRIES COSTA RICA,LE SALVE DA, GUATEMALA, MONDAY RAZZ AND NICARAGUA, IN ADDITION MEXICO AND HELI-CELEBRATE THEIR INDEPENDENCE DAY ONS SEPTEMBER 16TH AND SEPTEMBER 18TH RESPECTIVELY. ALSO COLUMBUS DAY WHICH IS OCTOBER 12 FALLS WITHIN THIS 30 DAY PERIOD.

WHEREAS ST. JOHNS COUNTY HAS DEEP HISTORICAL TIES TO HISPANIC CULT CULTURE MOST NOTABLY WITH THE ARRIVAL OF THE SPANIARDS AND THE CUBANS, AND WHEREAS THE 2020 U.S. CENSUS REDEVELOPED HISPANICS AND LAT INOS HAVE GROWN TO ACCOUNT FOR MORE THAT HAPPEN 8% OF THE POPULATION OF ST. JOHNS COUNTY. THIS OBSERVANCE SERVES AS A TIME FOR ALL CITIZENS TO HONOR, COMMEMORATE AND CELEBRATE THE ECONOMIC AND CULTURAL CONTRIBUTIONS OF HISPANIC AMERICANS TO OUR GREAT COUNTY AND NATION AND NOW THEREFORE BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS THAT SEPTEMBER 15 THROUGH OCTOBER 15, 2022, BE DESIGNATED AS HISPANIC HERITAGE MONTH PASSED AND ADOPTED BY THE BOARD OF COMMISSIONERS THIS SIXTH DAY OF SEPTEMBER, 2022.

>> THANK YOU, MIS SPENCER. [APPLAUSE]

>> WHETHER YOU NEW TOISONS COUNTY OR WHETHER YOU'VE BEEN HERE YOU UNDERSTAND THAT THE FOUNDING OF THIS AREA WAS FOUNDED BY SPANISH PEOPLE.

I MEAN BY THE CONKEYS DORRS IN THE 1,500S BUT SINCE THEY HANDED IT OVER TO THE UNITED STATES OF AMERICA IN 1821 AND WE BECAME THE STATE OF FLORIDA WE HAVE CONTINUED THAT TRADITION OF HISPANIC HERITAGE NOT ONLY IN STATE OF FLORIDA BUT RIGHT HERE IN ST. JOHNS COUNTY. I WANT TO THANK THESE LADIES FOR KEEPING THAT HERITAGE ALIVE MAKING SURE THAT THE EDUCATION CONTINUES TO THOSE WHO ARE CONTINUING TO MOVE INTO ST. JOHNS COUNTY. WITH THAT ON BEHALF OF THE SENSE BOARD OF COMMISSIONERS IT'S MY -- ST. JOHNS IT'S MY HONOR TO PRESENT WITH YOU

THIS PROCLAMATION. >> THANK YOU TO THE COUNTY COMMISSIONERS, I'VE ONLY WORD, I'M A WOMAN OF HAVE YOU SHORT WORDS, AND THAT IS UNITY.

>> HOLA. WHEN MY MOTHER WHO IS FROM EK DARR STARTED THIS ORGANIZATION ABOUT 15 YEARS AGO I NEVER KNEW HOW FAR IT WOULD TAKE US, SINCE THEN SHE PASSED AWAY, BUT I WANT TO CONTINUE THE TORCH AND PASS IT ON TO MY CHILDREN BECAUSE I THINK WHAT'S VERY IMPORTANT IS THAT WE EDUCATE OUR COMMUNITY AND WE SHARE THE KNOWLEDGE THAT WAS GIVEN TO US BY OUR PARENTS. THE CULTURE, THE LANGUAGE, THE ARTS, AND I'M VERY HONORED TO BE HERE AND THANK YOU FOR HONORING US AND KEEPING THIS TORCH ALIVE.

OF THE FIRST HISPANIC CHAMBERS OF COMMERCE THANK YOU FOR ACKNOWLEDGING AND FOR CELEBRATING HISPANIC HERITAGE MONTH. IT IS AN IMPORTANT MONTH WHERE WE COMMEMORATE THE CONTRIBUTIONS OF THE HISPANIC AND LATINO COMMUNITY IN THE U.S.

AS AN ORGANIZATION THAT IS OUR FOCUS TO CONTINUE TO BRING AWARENESS TO CREATE PARTNERSHIPS AND IN THE COMMUNITY, NORTHEAST FLORIDA. THE ST. JOHNS COUNTY RESIDENT I HAVE BEEN HERE 12 YEARS.

I LOVE SEE THE POWER UNDER A THE QUOTE AS WE CONTINUE TO HAVE IN COUNTY AND REALLY THE CONTRIBUTIONS THAT EACH OF US BRING, WITHIN THE CHAMBER, I KNOW WE HAVE UPCOMING THE HISPANIC HERITAGE MONTH GALA WHERE WE PROVIDE SCHOLARSHIPS TO HISPANIC STUDENTS. IF YOU HAVE ANY STUDENTS THAT ARE OF HISPANIC HERITAGE THAT'S WHERE WE EMPLOY THEM AT LEAST $2,000 AND EVERY YEAR WE DONATE OVER $20,000 IN PARTNERSHIP WITH OUR DONORS.

THAT REALLY DOES MAKE A DIFFERENCE IN THE LIVES OF THOSE STUDENTS THAT THEIR DREAM IS TO BE ABLE TO GO TO COLLEGE. AS A SCHOLARSHIP RECIPIENT MYSELF I KNOW WHAT THAT MEANS AND THE IMPACT THAT IT BRINGS. SO OVERALL, JUST THANK YOU SO MUCH. WE CONTINUE TO JUST DRIVE THAT CHANGE AND BE ABLE TO HELP THE HISPANIC BUSINESS OWNERS. LATINOS TO OPEN BUSINESSES TWICE MORE LIKELY THAN ANY OTHER ETHNICITY SO YOU CAN IMAGINE WHAT THAT MEANS TO OUR COMMUNITY OVERALL. THAT IS OUR FOCUS TO TO BRING THAT AWARENESS, THAT EDUCATION LIKE SHE SAID IT IS VERY IMPORTANT TO BE ABLE TO NOT ONLY OPEN A BUSINESS BUT KEEPING IT OPEN BECAUSE THAT IS FOR THE BETTERMENT OF ALL OF US. AGAIN, THANK YOU SO MUCH.

[00:15:53]

[Proclamation Recognizing Sept. 17-23, 2022 as Constitution Week]

ALMOST, WELL, NO, PROBABLY EVERYONE I'VE EVER MET IN THIS COUNTRY HAS EITHER A FAMILY MEMBER OR A VERY DEAR FRIEND THAT HAS GIVEN THEIR ALL OR BEEN SEVERE INJURED PROTECTING THIS COUNTRY AND PROTECTING OUR CONSTITUTION.

SO THIS LAST PROCLAMATION IS VERY MEANINGFUL TO ME AND KNOW IT'S VERY MEANINGFUL TO ALL OF YOU. THIS IS CONSTITUTION WEEK. THIS IS WHAT HAS PROTECTED OUR RIGHTS, LIBERTIES AND BY THE WAY SOME RESPONSIBILITIES.

LET'S NOT FORGET THAT. FOR OVER 200 YEARS. WITH THAT WE'RE GOING TO HAVE A PROCLAMATION FOR CONSTITUTION WEEK WHICH IS STARTING TOMORROW.

CAROL HERE, CAROL BURTON, PLEASE COME UP. ANYONE ELSE WHO IS HERE FROM THE DAUGHTERS OF AMERICAN REVOLUTION OR ANYONE ELSE PARTICIPATING, COME UP AND JOIN US. WE'RE GOING TO HAVE A PROCLAMATION READ BY JOANNE. HOW YOU DOING? GOOD. HAVE THIS READ.

>> A PROCLAMATION BY THE BOARD OF COMMISSIONERS ST.

JOHNS FLORIDA IN ORDER TO SECURE THE BLESSINGS OF LIB TORTE THEMSELVES AND THEIR POSTERITY OUR FOUNDING FATHERS ORDAINED AND ESTABLISHED A CONSTITUTION FOR OUR NEW NATION SIGNING IT ON SEPTEMBER 17, 1787 AND WHEREAS IT IS IMPERTINENT THAT ALL AMERICANS UNDERSTAND AND APPRECIATE THE PROVISIONS INCLUDED IN THE CONSTITUTION OF THE UNITED STATES IN ORDER TO DEFEND IT AND SUPPORT IT AND WHEREAS EACH YEAR ON THE ANNIVERSARY OF THE ENACTING OF THE CONSTITUTION WE HONOR THE FRAMERINGS OF THE CONSTITUTION, AS WELL AS THE GLORIOUS NATION BUILT UPON THE FOUNDATION THEY PROVIDED AND WHEREAS WITHOUT THE CONSTITUTION, THE SUPREME LAWS OF THE UNITED STATES WE THE PEOPLE WOULD NOT BE GUARANTEED OUR MANY FREEDOMS OR THE BENEFITS OF THE GOVERNMENT OF THE PEOPLE, AND WHEREAS THIS SEPTEMBER, THE REGION'S COUNSEL OF NORTHEAST FLORIDA DAUGHTERS OF THE AMERICAN REVOLUTION WILL JOIN THE NATIONAL, JOIN IN THE NATIONAL CELEBRATION OF THE 235TH ANNIVERSARY OF OUR UNITED STATES CONSTITUTION. NOW THEREFORE BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. JOHNS THAT SEPTEMBER 17 THROUGH THE 23, 2022, BE DESIGNATED CONSTITUTION WEEK. ASKING ALL CITIZENS TO JOIN IN THE COMMEMORATING THE SIGNING OF THE PIVOTAL AMERICAN DOCUMENT AS WELL AS CELEBRATING THE MANY RIGHTS AND PRIVILEGES IT CONFERS UPON THE CITIZENS OF OUR GREAT COUNTRY. PAST AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS ST.

JOHNS FLORIDA THIS 6TH DAY OF SEPTEMBER 2022.

[APPLAUSE] >> THANK YOU VERY MUCH.

[INAUDIBLE] I WANT TO SAY FIRST OF ALL WE COULDN'T BE HERE IF WE DIDN'T HAVE OUR UNITED STATES CONSTITUTION. WE'VE SO MUCH TO BE THANKFUL FOR IN THE FORESIGHT THAT THE FRAMERS OF THE CONSTITUTION HAD. BACK IN IF 1787, PHILADELPHIA WHERE THEY MET IS JUST LIKE THE CLIMATE HERE. IT'S HOT. MUGGY.

THE FRAMERS OF THE CONSTITUTION HAD TO KEEP THE WINDOWS CLOSED SO NOBODY COULD HEAR THE DISCUSSIONS THAT WERE TAKING PLACE. IT WAS VERY DIFFICULT FOR ALL

[00:20:02]

[APPLAUSE] >> I'LL SEE ALL OF YOU ON

THE 17TH. >> I'M GOING TO ASK FOR A

[Acceptance of Proclamations]

>> SECOND. >> DO WE HAVE A MOTION? P MR. BLOCKER WITH THE MOTION, COMMISSIONER ARNOLD WITH THE SECOND ALL IN FAVOR.

[Public Safety Update]

>> ALL RIGHT. THANK YOU CHRISTIAN FOR GETTING THAT STARTED MOVE US ALONG. O. K'S. LET'S TURN OUR ATTENTION NEXT TO OUR REPORTS FROM OUR CONSTITUTIONAL OFFICERS. THE FIRST WILL BE THE PUBLIC

SAFETY REPORT. >> GOOD MORNING, ON WHAT HAVE OF THE SHERIFF AND THE MEN AND WOMEN OF ST. JOHNS SHERIFF'S OFFICE, GOOD MORNING AND THANK YOU. I WANT TO EMPHASIZE A FEW THINGS SINCE JANUARY 1 THROUGH AUGUST WE'VE HAD 48 BURGLARIES, 75 FIREARMS STOLEN OUT OF THOSE AND HERE IS THE KICKER TO ALL THAT.

46 OUT OF THE 48 CARS WERE LEFT UNLOCKED. SO IT MAKES IT EASY. SOME OF THESE GUYS THAT CALL THEMSELVES THIEVES ARE LAZY AND THEY TAKE ADVANTAGE OF UNLOCKED CARS.

IT'S EASY IN, EASY OUT. SO HELP US DO OUR JOBS AND IF YOU WOULD PLEASE, PLEASE LOCK YOUR CARS AND MAKE SURE THAT YOUR VALUABLES ARE TAKEN INSIDE.

I WANT TO TOUCH ON SOMETHING REAL QUICK. I THINK THERE'S 3 REASONS, 3 BIG REASONS WHY PEOPLE MOVE TO ST. JOHNS COUNTY AND WANT TO LIVE, WORK AND PLAY AND RAISE A FAMILY HERE. KIND OF BIAS ON THE FIRST REASON.

TEST A ST. JOHNS SHERIFF'S OFFICE.

THE MEN AND WOMENS HERE ARE UNBELIEVABLE.

I'VE HAD THE PRIVILEGE OF BEING A MEMBER OF THE SHERIFF'S OFFICE SINCE 1994. I CAN TELL YOU THE DEDICATION FROM THEN TO NOW HAS NOT CHANGED.

IT'S IN OUR BLOOD. WHETHER YOU ARE A DEPUTY ON THE STREET. YOU WORK IN CORRECTIONS.

YOU ARE IN THE COME CENTER, IN FINANCE OR FLEET OR RISK, H. R., WHATEVER IT IS, RECORDS, IT TAKES A TEAM TO MAKE SURE THAT EVERYTHING THAT WE DO IS FIRST CLASS CUSTOMER SERVICE TO OUR CITIZENS. AND I CAN'T BE MORE PROUD OF THE MEN AND WOMEN THAT WORK FOR THE SHERIFF'S OFFICE. THE SECOND THING THAT I THINK DRAWS PEOPLE HERE IS OUR BROTHERS AND SISTERS AT FIRE RESCUE. REALIZE HOW LUCKY THEY ARE TO HAVE THE FIRE SHERIFF AND A FIRE SERVICE THAT WORK SO CLOSELY TOGETHER TO MAKE SURE WHATEVER EVENT THEY ARE AT, DISASTER, THE RELATIONSHIP BETWEEN US AND FIRE AND RESCUE IS SECOND TO NONE.

AND WE APPRECIATE THAT. THE THIRD THING IS THE COMMISSIONERS. WITHOUT YOUR CONTINUED SUPPORT TO MAKE PUBLIC SERVICE, SAFETY THE NUMBER ONE PRIORITY IS WE COULDN'T DO IT WITHOUT YOU SO THE BUDGETS THAT YOU PASS, THE MONEY THAT YOU GIVE US, ALLOWS US TO CONTINUE TO PROVIDE FIRST-CLASS CUSTOMER SERVICE AND IT'S SOMETHING OUR CITIZENS DESERVE AND WE WANT TO MAKE SURE THAT THEY CONTINUE TO HAVE THAT. SO

[00:25:01]

I'LL TAKE ANY QUESTIONS. >> QUESTION, QUESTION, QUESTION, I THINK WE'RE GOOD. ALL RIGHT. THANK YOU. THANK YOU, COMMANDER. CHIEF, GOOD MORNING.

>> GOOD MORNING, GOOD MORNING. AS WE GET INTO SEPTEMBER, WE START DECREASING OUR STAFFING OF LIFE GUARDS ON THE BEACH. TEMPORARY STAFF IS THERE FROM MEMORIAL TO LABOR DAY. I WANTED TO REMIND THE PUBLIC THERE WILL NOT BE LIFE GUARDS IN STANDS BUT YOU WILL HAVE ROFFING PATROLS IN TRUCKS, I'M SURE THE SHERIFF'S OFFICE WILL STILL BE PATROLLING WITH US AS WELL BUT IT IS NOT BE SITTING IN THE LIFE GUARD STANDS AS WE MOVE FORWARD THROUGH SEPTEMBER BUT WE

[Clerk of Court's Report]

SEPTEMBER. THANK YOU. >> THANK YOU. MR. PADDY, GOOD MORNING, SIR. THE OUR CLERK OF COURT.

>> GOOD MORNING, CHAIM, COMMISSIONERS, ONE OF THE KEY CHARACTERISTICS OF OUR FORM OF GOVERNMENT IS THE USE OF CHECKS AND BALANCES AND SEPARATION OF POWERS BOTH OF WHICH FOUND IN THE U.S. CONSTITUTION.

THE CLERK OF COURT AND COUNTY COMPTROLLERS OFFICE SEARCHES AS THIS CHECK ON COUNTY GOVERNMENT AND THE COURT SYSTEM. FROM ACCOUNTING SUPPORT TO TAKING THE MINUTES AT YOUR MEETINGS OUR STAFF HELPS PROTECT THE PUBLIC'S TRUST BY PROVIDING A SEND SET OF EYES AND CONTROLS ON VITAL PROCESSES AND PROCEDURES.

WITH THIS IN MIND A KEY PROCESS UNDER WAY IS THE ANNUAL VALUE ADJUSTMENT BOARD. THE BOARD WHICH IS A MANY TO FOR PROPERTY OWNERS TO APPEAL THE PROPERTY VALUE OR DENIAL OF AN EXEMPTION CLASSIFICATION OR TAX DEFERRAL AT ITS ORGANIZATIONAL MEETING ON JULY 28 AND IS CURRENTLY IN THE PETITION FILING PERIOD WHICH WITNESS THROUGH NEXT TUESDAY SEPTEMBER 13. MY OFFICE SPECIFICALLY OUR MINUTE AND RECORDS TEAM ACCEPTS AND FILES THESE PETITIONS AS WELL AS PROVIDES ADMINISTRATIVE SUPPORT THROUGHOUT THE V. A.

B.'S MEETING AND DECISION LIFE CYCLE.

THIS PROCESS GIVES ST. JOHNS RESIDENTS AND OPPORTUNITY TO HAVE THEIR VOICE HEARD REGARDING THEIR PROPERTY AND HOPEFULLY RESOLVE DISPUTES THEY MAY HAVE.

RESIDENTS ARE WELCOME TO CONTACT MY OFFICE WITH ANY QUESTIONS OR CONCERNS. THIS IS MY REPORT, CHAIRMAN, PENDING ANY QUESTIONS.

>> QUESTIONS, MR. PADDY? THANK YOU, SIR.

>> THANK YOU. >> WE APPRECIATE IT. THAT HAPPEN COMPLETES OUR REPORTS FROM OUR CONSTITUTIONAL OFFICERS. WE APPRECIATE HEARING FROM THEM EVERY COMMISSION MEETING.

THEY DO GREAT WORK AND OF COURSE THEIR STAFF DO GREAT WORK. WITH THAT SAID, WE'RE

[Deletions to Consent Agenda]

>> NONE, MR. CHAIRMAN. >> COMMISSIONER --

>> I'VE NONE. >> PAUL, CAN YOU HEAR ME

PAUL? >> YES, THERE ARE NONE,

MR. CHAIRMAN. >> NONE?

>> THERE ARE NONE. >> COMMISSIONER BLOCKER.

>> YES, MR. CHAIRMAN IF WE COULD PULL CONSENT ITEM NUMBER 17 FOR FURTHER DISCUSSION.

>> PUT IT ON THE REGULAR. >> PLEASE.

>> NUMBER 17. WE'LL DEAL WITH A THAT IN A MOMENT AND NOW WE'LL CALL FOR PUBLIC COMMENT ON THE CONSENT

DEPEND ASHES. >> THE BOARD WILL HEAR PUBLIC COMMENT ON ITEMS ON THE CONSENT AGENDA ONLY, IF YOU WOULD LIKE TO MAKE COMMENT PLEASE COME FORWARD.

>> WE'RE GOING TO PUT 17, GOING TO PUT 17 -- I THINK THERE IS SEVERAL PEOPLE HERE, I THINK THAT WISH TO SPEAK ON 17 AND IF THAT IS THE CASE I'M GOING TO PUT IT FIRST ON OUR REGULAR AGENDA. AND WE'LL FIGURE OUT HOW TO NUMBER IT TALKING TO THE CLERK AND THE LAWYER AND THEN WE WILL PROCEED WITH THAT AS THE FIRST ITEM.

THEN WITH THAT SAID, PUBLIC COMMENT ON CONSENT EXPECT FOR 17 WHICH WE'LL TAKE UP REGULAR.

>> OKAY. AGAIN ANYBODY WISHING TO MAKE PUBLIC COMMENT ON THE CONSEND GENTA EXPECT FOR ITEM NUMBER 17 PLEASE COME FORWARD. SEEING NONE WE'RE GOING TO

[Approval of Consent Agenda]

>> THANK YOU. IS THERE A MOTION AS AMENDED ON 17? OR

ON CONSENT AGENDA? IN. >> SO MOVED.

>> WE HAVE A MOTION. >> SECOND.

>> WE HAVE A SECOND. AS I SAID EARLIER WE'RE GOING TO HAVE TO DO A VOICE VOTE TODAY. ON THE CONSENT AGENDA AS AMENDED COMMISSIONER ARNOLD.

>> YES. >> COMMISSIONER WHITEHURST.

>>Y. >> COMMISSIONER WALLEDROP.

>> YEAH. >> OKAY. COMMISSIONER

BLOCKER. >> YES, SIR.

>> AND I VOTE YES SO THE CONSENT AGENDA AS AMENDED IS APPROVED THE. WE NOW HAVE 17. WHAT I WOULD SUGGEST IF EVERYONE CONCURS HERE AT THE DIAS I'LL PUT THAT, HOW DO I NUMBER THIS? DO I NUMBER IT 1 A. TALKING ABOUT CONSENT AGENDA 17 I WANT TO TAKE UP FIRST. DAVID, DO YOU --

>> 1 A. I THINK IS FINE IF MINUTES AND RECORDS HAS NO OBJECTION. I THINK 1 A. WORKS.

>> I THINK I'VE KIND OF MUDDLED IT UP IN THE PAST.

[00:30:04]

>> SIR, I WOULD BELIEVE FIRST THERE WOULD BE A MOTION TO APPROVE, SEE IF THERE IS ANY OTHER CHANGES TO THE REGULAR -- MOTION TO APPROVE AS AMENDED --

>> I GOT IT. ALL RIGHT. OKAY. ANY, ANY ADDED ADDITIONS OR DELETIONS TO THE REGULAR AGENDA STARTING

WITH COMMISSIONER ARNOLD. >> NONE.

>> NON- >> COMMISSIONER WALDRON, ANY CHANGES TO THE REGULAR -- [INAUDIBLE]

[Approval of Regular Agenda]

>> NO, NONE. >>

>> NO, SIR. >> NOW WE'LL TAKE UP THE

REGULAR AGENDA. >> A MOTION TO APPROVE THE REGULAR AGENDA AS AMENDED WILL BE PROPER.

>> I WILL MOVE TO APPROVE THE REGULAR AGENDA AS AMENDED. SECOND.

>> WE HAVE A MOTION AND A SECOND FOR THE APPROVAL OF THE REGULAR AGENDA. AS AMENDED. VOLUNTEER VOICE VOTE -- WE'LL HAVE A VOICE VOTE.

[17. Motion to adopt Resolution 2022- , authorizing the County Administrator, or his designee, to award Bid No 22-100; Palm Valley West Boat Ramp Improvements to Hayward Construction Group, LLC]

WE. >> I THINK EVERYONE IS

BRIEFED ON 17. >> I APPRECIATE THE OPPORTUNITY TO SPEAK TODAY. BRIEFLY THE REASON I WANT TO PULL THIS FOR FURTHER DISCUSSION THIS IS A VERY IMPORTANT ISSUE TO THE PALM VALLEY AREA OF PONTE VEDRA.

THIS SPECIFIC LOCATION OF THIS BOAT RAMP HAS BEEN A POINT OF CONCERN FOR MANY OF THE RESIDENTS IN THAT PARTICULAR PART OF THE COUNTY. I THINK IT'S IMPORTANT WE'VE HAD A NUMBER OF PUBLIC MEETINGS ON THIS.

WE'VE HAD A NUMBERS OF SESSION ONS THIS. I THINK THERE IS LEGITIMATE CONCERNS WITH THE PLACEMENT OF THIS BOAT RAMP AND THE POTENTIAL IMPLICATION IT IS COULD HAVE FOR SOME OF THE PROPERTY OWNERS.

I THINK THERE ARE POTENTIAL ALTERNATIVES.

I DO UNDERSTAND THAT THE STAFF WORKED HARD ON THIS ISSUE. HAS LOOKED AT SOME OF THE ALTERNATIVES, SOME ARE SOMEWHAT CHALLENGING BUT I FELT WE NEED TO GIVE OUR RESIDENTS AN OPPORTUNITY TO HEAR THE ALTERNATIVES GOING FORWARD. I DON'T KNOW THE STAFF IS READY TO TALK ABOUT THIS BUT THE OVERRIDING ISSUE IS THE PLACEMENT OF THE BOAT RAMP ON THE WEST SIDE WOULD CREATE A SIGNIFICANT DIFFICULTY FOR SOME OF THE RESIDENT AND SOME OF THE ADJOINING AREAS, WE'VE HEARD FROM A NUMBER OF RESIDENTS ON DIFFERENT SESSIONS AS A COMMISSIONER I'VE HEARD FROM A NUMBER OF THEM. WE NEED TO MAKE SURE THE BOARD IS FULLY HEARING THOSE CONCERNS

BEFORE WE MOVE FORWARD. >> OKAY. LET ME SUGGEST THIS, WHY DON'T WE HEAR FROM THE PUBLIC IF THERE ARE NO OTHER COMMENTS FROM THE BOARD. WHY DON'T WE -- YOU

MAY WANT TO OFFER A MOTION. >> FOR SURE.

>> MR. CHAIRMAN, I WILL MAKE A COMMENT.

>> OKAY. >> PAUL WANTS TO TALK.

PAUL. SORRY, I DIDN'T SEE YOUR HAND GO UP. THAT'S A JOKE. PAUL.

>> I'M SORRY.

>> THE QUESTION I HAD THIS WAS APPROVED IN MARCH OF 2017 TO BUILD A BOAT RAMP IN THIS LOCATION FOR DESIGN AND ARE WE DISCUSSING THE CONTRACT WHICH IS ON THE CONSENT AGENDA OR POINT OF ORDER ARE WE BRINGING BACK THE BOAT RAMP IN GENERAL AND IF THAT IS EVEN FEASIBLE,

FOR A BOARD TO DO. >> DAVID?

>> I GUESS THERE WOULD BE MORE FOR DAVID MIG UT.

>> SO THE AGENDA ITEM BEFORE YOU IS REGARDING A BID BUT THIS BOARD COULD ALWAYS TAKE UP ANY OTHER BUSINESS AT A PUBLICLY NOTICED MEETING, IF YOU WANT A MORE EXPANSIVE DISCUSSION ABOUT THIS, THIS WAS ON THE AGENDA I THINK, YOU ALL CAN TALK MORE EXPANSIVELY THAN JUST THE BID, BUT THE TOPIC AS A WHOLE I THINK IS PROPER TO BE DISCUSSED TODAY IF THE BOARD SO DESIRES.

>> OKAY. IS THAT SUFFICIENT, PAUL?

>> APPROVED BACK IN MARCH OF 2017 NOW WE'RE REVETTING SOMETHING THAT WAS VETTED BAB THEN.

YOU KNOW. BUT OKAY. I WANTED TO MAKE SURE.

>> NOW LETS GO TO PUBLIC COMMENT. IF YOU ARE HEAR AND WOULD LIKE TO SPEAK ON CONSENT 17 WHICH IS NOW 1 A.

PLEASE COME FORWARD. AND.

>> HI, SIR, WELCOME, STATE YOUR NAME AND ADDRESS FOR

[00:35:03]

>> YEAH, GOOD MORNING, THANK YOU FOR ALLOWING ME TO SPEAK TO YOU THIS MORNING ABOUT THIS. I UNDERSTAND COMMISSIONER WALDRON MENTIONED 2017 AND I'VE BEEN

-- >> YOUR NAME AND YOUR

ADDRESS -- THEN WE'LL HEAR. >> MICHAEL AN TON ON LIST, MY WIFE AND I RESIDE AT 228 CLATTER BRIDGE ROAD.

>> THANK YOU, SIR. >> AND, YOU MENTIONED 2017 AND I'VE BEEN TRACKING THIS PROJECT, I THINK SINCE THEN BUT CERTAINLY BEEN TRACKING IT EXTENSIVELY OVER THE LAST TWO YEARS. SINCE IN 2017 IT WAS JUST A CONCEPT AND OVER THE LAST TWOERS YAO THE DESIGN HAS COME FORWARD AND I KNOW EACH OF YOU PREVIOUSLY ABOUT MY CONCERNS AND SO I THINK YOU KNOW MY EXPERIENCE 40 YEARS OF CIVIL ENGINEERING, LAND PLANNING, LAND DEVELOPMENT.

SO WHEN I SAW THE PLANS I TOOK AN ENGINEER'S VIEW OF THIS THING. SO WE'RE STRONGLY OPPOSED TO T. IT'S NOT A LAST-MINUTE OH, LET'S OPPOSE THIS AND HOPE WE CAN STOP T. I'VE COMMISSIONER BLOCKER, I'VE BEEN MEETING WITH STAFF EXTENSIVELY NUMEROUS NUMBERS OVER THE PAST TWO YEARS. NUMEROUS TIMES OVER THE PAST TWO YEARS, BUT NOT ONLY HAVE I BROUGHT OBJECTIONS TO THE MEETINGS, I'VE BROUGHT IDEAS AND SUGGESTIONS FOR ALTERNATIVES. THEY ARE LIMITED.

THAT'S NO DOUBT. I THINK THE COUNTY HAS MISSED SOME OPPORTUNITIES ELSEWHERE WITH BEACH ACCESS, WATERFRONT ACCESS. I TRIED TO PROMOTE ACQUISITION OF WHAT IS CALLED THE NUT ISLAND PROPERTY IN 2008 WHEN THE MARKET WAS DEPRESSED AND THE VALUES WERE GOOD.

FROM A PURCHASERS' STANDPOINT AND THAT WENT NO WHERE. BUT I'VE ALSO BEEN A LIFE LONG BOAT OWNER AND I'VE SEEN GOOD AND BAD BOAT RAMPS. I'VE SEEN GOOD BOAT RAMPS EVOLVE INTO BAD BOAT RAMPS AS THE GROWTH IN THE AREA EXPANDED SO THEY BECAME NUISANCES. P THIS RAMP I BELIEVE AS DESIGNED WOULD OPEN AS A PUBLIC NUISANCE, LET ME EXPLAIN. YOU'VE BEEN PREVIOUSLY ADVICED OF A LOT OF MY OBJECTIONS.

I'M GOING TO LITT SOME OF THEM WITH LIMITED DETAILS, I'M NOT GOING INTO EXTENSIVE DETAIL. I WOULD BE GLAD TO ANSWER ANY OF YOUR QUESTIONS IF YOU WANT ON THESE. WATER SAFETY OBVIOUSLY THERE IS CONGESTION IN WATERWAY.

THERE IS ALREADY A BOAT RAMP.

THERE IS A PONTE VEDRA OUTDOOR, KAYAK LAUNCH, IT'S ONLY A 200 FOOT CHANNEL. YOU ARE GOING THROUGH THE BRIDGE UNDERPASS. IT'S A CONGESTED WATER WAY.

NAVIGATION OPENING THE CHANNEL WITH BOATS STAGING TO BE PUT IN OR TAKEN OUT OF THE RATCH.

DEVELOPMENT ENENTITLEMENTS AND APPROVALS.

I BELIEVE IT'S ZONED OPEN RURAL ALAWS PASSIVE RECREATION. I DON'T BELIEVE THIS IS A PASSIVE RECREATION ACTIVITY. CIRCULATION, THERE IS ONLY, CIRCULATION AND PARKING THERE'S ONLY 11 PARKING SPACES, CERTAINLY THEY'RE GOING TO PARK ON LORD LANE.

WHEN THEY DO PARK THERE THERE'S NO WAY TO TURN THAT VEHICLE TRAILER COMBINATION AROUND WITHOUT USING EITHER

>> MINUTES GOES FAST. >> WITHOUT USING MARSH LANDING OR COUNTY ROAD 210 TO TURN AROUND.

>> I HEAR YOU BUT WE HAVE TO LIMIT THE PUBLIC COMMENTS TO

3 MINUTES. >> OKAY. THAT IS FINE. SO, YOU CAN, IF YOU HAVE ANY QUESTION, WE CAN EXPAND --

>> ANY QUESTIONS? QUESTION, NEXT SPEAKER PLEASE?

>> THANK YOU. >> ANYONE WISH TO SPEAK ON THIS ITEM 1 A. BOTH -- BOAT RAMP. P GOOD MORNING.

>> GOOD MORNING, MR. CHAIRMANNER, COMMISSIONERS FOR THE RECORD JAMES WHITE HOUSE, SEA GROVE MAIN STREET HERE IN ST. JOHNS FLORIDA. I'M HERE BEFORE YOU, I'M HONORED TO BE HERE FOR YOU ON BEHALF OF SEVERAL HUNDRED COUNTY RESIDENTS.

I REPRESENT 2 PRIMARILY AFFECTED NEIGHBORS THE PALM VALLEY HARBOR HOME OWNERS ASSOCIATION AND THE MARSH HARBOR AT PALM VALLEY HOME OWNERS ASSOCIATION LOCATED AFTER THIS LOCAL ROAD LORI LANE THE AT END OF WHICH THIS BOAT RAMP IS SUGGESTED. I ONLY HAVE A FEW MOMENTS TO ADDRESS YOU BUT AS I SAID I REPRESENT A LOT OF PEOPLE AND I REPRESENT I THINK THE OTHER THOUSANDS OF PEOPLE THAT WILL USE THE BOAT RAMP. THIS BOAT RAMP IS LOCATED IN A LOCATION THAT WAS APPROVED AS COMMISSIONER WALTRON SAID OVER 5 YEARS AGO. IT WAS APPROVED IN A FASHION WHEN A LOT OF THE HOMES WEREN'T THERE. WHEN THERE WASN'T A LOT OF AFFECT ON THE INTERSECTION, I WANT TO PUT

[00:40:02]

THIS SHOWS YOU THE YELLOW THAT IS HIGH LIGHTED ON THIS MAP SHOWS YOU THE AREA THAT IS AFFECTED BY THE APPROVAL OF THE BOAT RAMP. AS I SAID, THE RESIDENTS ARE CONCERNED BECAUSE THERE'S, THIS IS ABOUT SAFETY. ALL OF YOU CAMPAIGNED ON PLATFORMS OF SAFETY WHEN YOU WERE ELECT AND I BELIEVE THAT YOU SUPPORT THE SAFETY OF THE RESIDENTS OF ST. JOHNS COUNTY. I THINK THERE IS 2 PRIMARY AREAS IN THIS PROPOSAL. NUMBER ONE, AND MOST IMPORTANT IS THIS INTERSECTION AT 210 WHERE LORI LANE COMES INTO 210. IT'S A NONSIGNALLED INTERSECTION WHEN YOU APPROACHING TO GO OVER THE BRIDGE OR YOU ARE COMING OFF THE BRIDGE. THE FACT OF THE MATTER IS THAT THE PEOPLE WHO LIVE OUT THERE AND AS I SAID I REPRESENT HUNDREDS OF RESIDENTS WHO LIVE IN THIS AREA, THEY WILL TELL YOU THAT THIS INTERSECTION HAS BECOME A DISASTER. THEY CAN'T IN AND OUT AND TO ADD A BOAT RAMP TO THIS WITH BOATS AND TRAILERS AND YOU KNOW, IT'S GOING TO BE ON THE WEEKENDS IT GOING TO BE MANY OF YOU KNOW THE AREA THAT IS AT THE VILLANO BOAT RAMP. HAVE YOU EVER SEEN THAT ON THE WEEKENDS? I DON'T KNOW IF ANY OF YOU HAVE BEEN OUT TO THIS AREAS IN THE MORNINGS BUT THEY'VE TOLD ME FROM THEIR EYEWITNESS TESTIMONY THAT THIS INTERSECTION WITH, NOW WITHOUT A BOAT RAMP IS VERY DIFFICULT. SO IT'S ABOUT SAFETY AND THIS IS ALSO ABOUT THE SAFETY OF THE INTERCOASTAL WATERWAY. AS YOU KNOW I WAS BEFORE YOU GUYS A FEW YEARS AGO WITH A BOAT RAMP THAT WAS PROPOSED ON THE EAST SIDE NEXT TO OUR BOAT RAMP. WE TALKED ABOUT THAT. ED IT BEEN APPROVED BY THE PLANNING AND ZONING AGENCY AND IT CAME BACK TO YOU ON APPEAL. I REPRESENTED HOME OWNERS IN THE AREA.

THAT WAS OVERTURNED SAYING THERE IS A PROBLEM BECAUSE OF THE CONSTRAINT. I'LL CONCLUDE, AS YOU KNOW THE AREA HERE HAS TO BE GOVERNED BY THE ARMY CORPSE OF ENGINEERSANCE THE ARMY CORPS IS SAYING THIS IS --

>> NEEDS TO BE DONE. TIME --

>> SO I -- >> MOTION NEEDS TO BE MADE IS THE MOTION NEEDS TO BEING PULLED TO REJECT THE BID.

>> I HAVE TO LIMIT TO YOU 3 MINUTES, ANY QUESTIONS?

>> I THANK YOU, SIR. >> THANK YOU VERY MUCH.

ANYBODY ELSE LIKE TO MAKE PUBLIC COMMENT ON THIS ITEM?

MR. BLOW. >> THANK YOU, MR. CHAIRMAN.

MY NAME IS CARL BLOW. I'M WITH THE FLORIDA INLAND NAVIGATION DISTRICT. I REPRESENT ST. JOHNS COUNTY ON THE BOARD OF THE FLORIDA INLAND NAVIGATION DISTRICT.

MY ADDRESS IS 100 SANTA MONICA AVENUE, ST. AUGUSTINE WHICH HAPPENS TO BE IMMEDIATELY ADJACENT TO THE LIGHT HOUSE BOAT RAMP BUT I'M HERE TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE ABOUT THIS PARTICULAR PROJECT. THE ST. JOHNS COUNTY COMMITTED A GRANT APPLICATION TO HELP FUND THIS PROJECT.

IF I CAN TAKE A SECOND AND GIVE A LITTLE BACKGROUND.

COMMISSIONER ARNAUD I KNOW YOU ARE NEW, FIND IS A SPECIAL DISTRICTING DISTRICT THAT COVERS 12 COUNTIES ON THE EAST COAST OF FLORIDA. WHERE ON THE TAX BILL. WE EXTRACT ABOUT $38 MILLION FROM THE TAXPAYERS AND IN THOSE 12 COUNTIES. WHAT WE DO WITH THAT MONEY IS WE HAVE REALLY TWO JOBS. NUMBER ONE JOB IS TO KEEP THE INTERCOASTAL WATERWAY WHICH IS A FEDERAL WATERWAY OPEN AND IN P PARTNERSHIP WITH THE U.S. ARMY CORPS OF ENGINEERS, THE I. C. W. STARTS IN NORFOLK, VIRGINIA AND GOES ALL TO THE SOUTH END OF DADE COUNTY.

THE, OUR SECOND JOB WHICH THE LEGISLATURE GAVE US BACK IN THE EARLY 80S IS THEY LOOKED AT WHAT WE WERE DOING. THEY SAID, WHAT IS THE POINT OF COLLECTING MONEY FROM THE TAXPAYERS AND IN THESE 12 COUNTIES TO KEEP THE WATERWAY OPEN IF THEY CAN'T GET TO THE WATERWAY? HAD SO THEY, THE LEGISLATURE SAID, FINE. YOU SET UP A GRANT PROGRAM TO HELP LOCAL GOVERNMENTS LIKE ST. JOHNS COUNTY IMPROVE PUBLIC ACCESS TO THE WATERWAYS SO TAXPAYERS CAN GET TO IT. SO THAT IS HOW -- IN THIS PARTICULAR CASE -- YOU KNOW I WORD WITH COUNTY STAFF ONCE A YEAR. WE HAVE A GRANT CYCLE. CURRENTLY LAST CYCLE WAS ABOUT 755,000 DOLLARS AVAILABLE FOR ST.

[00:45:04]

ACTUALLY LAST YEAR THE CITY OF ST. AUGUSTINE PRETTY MUCH WALKED AWAY WITH ALL THE MONEY BUT EARLIER, ST. JOHNS COUNTY WAS SUCCESSFUL AT GETTING A $450,000 GRANT FOR THIS PROJECT. SO I'M HERE TODAY JUST TO PRIMARILY BECAUSE I'M CONCERNED THAT IF THE PROJECT GETS DELAYED, YOU ARE GOING TO LOSE THAT MONEY.

IN SOME CIRCUMSTANCES, FIND WILL HOLD ON TO THAT MONEY FOR A PROJECT, BUT YOU HAVE TO HAVE IT REALLY GOOD REASON. I'VE HEARD MR. WHITEHOUSE TALK ABOUT SAFETY AND ON THIS PARTICULAR PROJECT. I CAN TELL YOU COUNTY STAFF HAD ME INVOLVED IN THIS PERMITTING EXERCISE WITH THE CORPS AND THE U.S. COAST GUARD.

SAFETY WAS EXTENSIVELY LOOKED AT.

IN FACT AS PART OF THIS PROJECT THERE'S A VIDEO CAMERAS BEING POUNDED ON THE PAM VALLEY BRIDGE THAT WILL LINK DIRECTLY TO THE SHERIFF'S OFFICE TO MONITOR THAT, ANY QUESTIONS I'LL BE HAPPY TO ANSWER.

>> THANK YOU. >> GOOD MORNING,

MR. SLAVEIN. >> ED SLAVEN, BOX 3084 ST. AUGUSTINE, I WANT TO AGREE WITH THE ACCIDENTS WHO RAISED CONCERNS ABOUT THIS PARTICULAR PROPOSAL.

AND I WOULD SUGGEST THAT YOU PULL IT AND HAVE THE STAFF TO A FURTHER STUDY. ONE OF THE PROBLEMS HERE IN THE STATE OF FLORIDA IS WE HAVE NO LITTLE NEPA. OTHER STATES ABOUT 20 OF THEM HAVE A MINIATURE VERSION OF THE MINIATURE NATIONAL POLICY ACT OF 1970.

I WANT TO THANK MR. WHITEHOUSE AND THE OTHER FOLKS WHO BROUGHT THIS TO OUR ATTENTION, LET'S NOT BUILD THIS BOAT RAMP AND LET'S NOT TAKE LECTURES WHAT SEWN POLICY WILL BE. FINE WORKS FOR US AND NOT THE

OTHER WAY AROUND. >> ANYBODY ELSE LIKE TO MAKE PUBLIC COMMENT. NAME AND ADDRESS PLEASE FOR THE

RECORD. >> SANDY VON STAYEDEN 114 BROKEN POTTERY DRIVE, PONTE VEDRA, GOOD MORNING, COMMISSIONERS, STAFF, COUNCIL. IN LIMP -- LISTENING TO THE PRIOR SPEAKERS ONCE THING JUMPS OUT AT ME HAVING EXPERIENCE WITH GRANTS AND PUBLIC SAFETY AND PUBLIC ADMINISTRATION ITSELF YOU NEED TO RECONCILE TWO CONFLICTING STATEMENTS ABOUT CONCERNS BY THE ARMY CORPS OF ENGINEERS, CERTAINLY THE GRANT IS NOT GOING TO BE SUFFICIENTLY IF THERE'S CONCERN BY THE ARMY CORPS OF ENGINEERS AT IT STANDS NOW.

NOT AS OF FIVE YEARS OR WHEN THE GRANT WAS WRITTEN AND THAT CONCERN WAS RACED WHICH -- RAISED BY AN ATTORNEY, A PRIOR SPEAKER. SO I WOULD APPRECIATE IF THAT COULD BE ADDRESSED BEFORE ANY AFFIRMATIVE VOTE WOULD BE TAKEN TO MOVIE FORWARD. THANK YOU.

>> THANK YOU, MA'AM. ANYBODY ELSE FOR PUBLIC COMMENT PLEASE COME FORWARD. [PAUSE]

>> B.J.CLATEY, WEST CITY OF ST. AUGUSTINE, 3 MINUTES.

I CAN STAY UNDER 3 MINUTES.

ALL OF US IN THE CITY OF ST. AUGUSTINE, I DON'T KNOW HOW MUCH IN COUNTY WAY ALL PAY TOWARDS FINE, I'M NOT A BOATER. IN LISTENING TO THIS, I'M SO GLAD THAT MR. WALDRON, I MEAN COMMISSIONER WALDRON COULD SPEAK UP EVEN THOUGH HE IS IN THE HOSPITAL AND REMIND EVERYBODY THAT WAS APPROVED IN 2017 AND LAWYER BRINGS UP THE PROBLEMS. THE PROBLEMS ALL GO BACK TO OVERGROWTH AND OVERDEVELOPMENT. IT ALSO GOES BACK TO AN INCREASE IN TRAFFIC. WE'RE NOT HANDLING THOSE THINGS AND THEN THIS GROUP OF PEOPLE WANT TO COME IN AND STOP THIS AFTER SUPPOSEDLY THE SPEAKERS HAVE BEEN DISCUSSING THIS. SO YOU PUT IT ON THE AGENDA.

AND THEN WE'RE GOING TO APPROVE IT P. WHY DON'T WE JUST DISAPPROVE IT AND GET EVERYBODY THAT'S CONCERNED ABOUT THIS, I MEAN EVERYBODY TO DECIDE THIS AT ANOTHER TIME INSTEAD OF TAKING OUR TIME THIS MORNING TO HANDLE THIS THING WHENEVER IT HASN'T BEEN HANDLED. AND I DON'T BELIEVE MR. WHITEHOUSE REPRESENTS ME.

THOUSANDS OF PEOPLE. ALL RIGHT. YOU MAKE STATEMENTS UP HERE AND BECAUSE YOU ARE A LAWYER IT HAS TO BE FACTUAL STATEMENTS. MY CONCERN WE'RE TAKING SOMETIME TO HANDLE SOMETHING THAT SHOULD HAVE BEEN HANDLED THAT OBVIOUSLY WAS HANDLED THEN

[00:50:03]

THAT'S HOW I LOOK AT IT. WE HAVE A LOT OF THINGS GOING ON IN THIS AGENDA. SO MY POSITION IS P PASS THE MOTION AS IT IS. OR TABLE IT AND PUT IT ON AN AGENDA ITEM SO EVERYONE THAT IS CONCERNED CAN SHOW UP, NOT JUST ONE OR TWO PEOPLE OR OR A LAWYER. THANK YOU.

>> OKAY. WOULD ANYBODY ELSE LIKE TO MAKE PUBLIC COMMENT ON THIS ITEM? I'M SEEING NONE SO WE'RE GOING TO CLOSE

PUBLIC COMMENT ON THIS ITEM. >> THANK YOU, CHRISTIAN.

BEFORE I CALL ON MY FELLOW COMMISSIONERS I WANT TO RESPOND TO A QUESTION RAISED ABOUT THE CORP OF ENGINEERS FROM A FACTUAL STAND-POINT. IT'S MY RECOLLECTION THAT THE CORPS OF ENGINEERS ISSUED THEIR CORP PERMIT LAST FALL FOR THIS PROJECT, AND SO IT IS MY UNDERSTANDING ANY ARMY CORP OF ENGINEER ISSUES TODAY HAVE BEEN, WELL, THEY ARE NONE TODAY BECAUSE ANY ISSUES RAISED WERE RESOLVED LAST FALL WHEN THEY ISSUED THE FINAL PERMIT. THAT'S HOW THEY OPERATE.

IF ANYONE WANTS TO CHECK, THE CORPS PERMIT WAS ISSUED LAST FALL. WITH THAT SAID, LET'S START WITH PAUL, MAYBE THEN YOU, PAUL, WOULD YOU LIKE TO WEIGHT IN, BUDDY?

>> YES, SIR, I STILL WITH OUR NEED OR WATERWAY ACCESS, THIS IS VETTED BY THE AIRPLANES -- AIRPLANE CORPS.

I THINK I REMEMBER THE SHERIFF'S DEPARTMENT SPOKE ALSO THEY HAD NO ISSUES, THE WILE LIFE COMMISSION HAS NO ISSUES AT THE TIME OF ANY ACCIDENTS IN THE AREA.

THERE WERE ISSUES WITH ARMY CORPS WITH DOCKS PUT IN EXTENDED OUT INTO THE RIGHT OF WAY. THE CHANNEL, I DON'T, I THINK THOSE ARE GETTING ALLEVIATED OR ARE IN THE PROCESS. IT'S HARD TO GIVE UP ANY WATERWAY ACCESS WE'VE TRIED TO GET NO MATTER HOW SMALL OR MINUTE IT WILL BE, AND YET I THINK IT'S A SLIPPERY SLOPE WHEN YOU START USING THE CONTRACT FOR, THAT A PREVIOUS BOARD HAD APPROVED TO TRY TO STOP OR CHANGE A, AN APPROVAL OF SOMETHING THAT HAPPENED YEARS AGO OR THAT WAS APPROVED. LIKE YOU SAID IT TOOK THAT LONG TO GET PERMITTING AND ARMY CORP WAS FINE WITH IT AND THE PERMITTING PROCESS. P THANK YOU, MR. CHAIRMAN.

>> THANK YOU, PAUL, COMMISSIONER BLOCKER.

>> THANK YOU, I THINK IT'S IMPORTANT TO POINT OUT WE DO NEED WATERWAY ACCESS IN THIS PART OF THE COUNTY. I THINK THE ISSUE IS THIS PARTICULAR PLAN HAS RAISED CONCERNS AMONG RESIDENTS. THAT WAS THE PURPOSE IN PULLING IN TODAY SO THE BOARD CAN BE APPRAISED OF THOSE CONCERNS.

I DO BELIEVE THESE ARE LEGITIMATE CONCERNS. I DON'T THINK WE AS A BOARD SHOULD BE DISMISSIVE. 3 OF US WERE NOT ON THE BOARD WHEN THIS WAS APPROVED BACK IN 2017 SO THIS IS OUR ONE OPPORTUNITY TO TAKE A LOOK AT THIS. TO HEAR WHAT THE RESIDENT HAVE TO SAY. TO ADDRESS THAT BECAUSE DEPEND THESE ARE LEGISLATE CONCERNS, NO ONE IS QUESTIONING THE NEED FOR WATERWAY ACCESS. THERE NO ONE IS CHALLENGING THE NEED FOR THAT. WHAT THE ISSUE IS THE SPECIFIC PLAN THAT WE HAVE IN PLACE THAT WE'RE LOOKING AT CONTRACTING RAISED CONCERNS AMONG VEST ACCIDENTS. THAT'S WHY I FELT IT WAS IMPORTANT TO RAISE THIS TO THE BOARD FOR ALL OF US TO HEAR THOSE CONCERNS.

>> OKAY. ANY OTHER COMMENTS?

>> THANK YOU, MR. CHAIRMAN, I'VE SO MANY QUESTION, I KNOW MR. BLOW GRABBED ME OUT IN THE HALLWAY AND SAID HAVE YOU HEARD THIS MIGHT BE PULLED? I FEEL BLIND SIDED THIS GOD PULLED BUT I RESPECT THE FACT COMMISSIONER BLOCKER HAS BEEN IN TOUCH WITH THE NEIGHBORS FOR YEARS, HE HAS CLEARLY BEEN IN THE COMMUNITY, HE HAS TAKEN MEETINGS AND HE IS TRYING TO BE THE VOICE FOR THE RESIDENTS IN HIS DISTRICT WHICH IS WHAT WE ARE ELECTED TO DO. SO I, WHEN IT DISTRICT COMMISSIONERS RAISES CONCERNS LIKE THIS HEP IT RELATES TO SAFETY YOU HAVE MY ATTENTION BUT I WANT TO ECHO SOME OF THE THINGS PAUL SAID. WE'VE ALREADY APPROVED THIS. CAN WE PUT THE PROVERBIAL TOOTHPASTE BACK IN THE TOOL? WHAT IS THE RAMIFICATIONS OF THAT, THAT'S A QUIGG BIG QUESTION, MR. WHITEHOUSE TESTIFIED FOLKS MOVED IN POST-APPROVAL. SHOULD THEY HAVE BEEN AWARE THEY WERE MOVING INTO AN AREA THAT COULD HAVE A BOAT RAMP AND EVERYTHING THAT COMES WITH THAT? I'VE QUESTION BOSTON SOME OF THAT THEN MR. BLOW STATED PERHAPS WE COULD LOSE THE FUNDING WHEN WE DESPERATELY NEED ACCESS TO THE WATERWAY IN ST. JOHNS COUNTY SO I WOULD INVOLVE TO GET SOME OF THE QUESTIONS ANSWERED RELATING TO LEGAL TRAFFIC AND THEN FUNDING FOR ACCESS TO THE WATERWAY BEFORE I COULD VOTE UP OR

DOWN ON THIS. >> OKAY.

>> TO ECHO SOME OF THE CONCERNS MY FELLOW COMMISSIONERS HAS HAD. THIS WAS BEFORE ME AND I HAVE A

[00:55:01]

I WOULD LIKE TO KNOW MORE DATA, CURRENT DATA NOT FIVE YEARS AGO WHEN THIS WAS APPROVED.

I HATE THE IDEA OF PULLING ANY FUNDING FOR ANOTHER WATERWAY ACCESS IN THIS COUNTY WHEN WE SO DESPERATELY NEED IT BUT I HAVE CONCERNS AND QUESTIONS AND FEEL LIKE I NEED MORE INFORMATION TO MAKE A

DECISION. >> OKAY. LET ME ADD A COUPLE OF THINGS ON MY MIND. FIRST OF ALL, I GUESS I FEEL STRONGLY BOTH WAYS. I'VE HEARD ALL THE ARGUMENTS. ALL OF YOU ARE RIGHT. BUT WE HAVE TO SIT HERE AND MAKE A POLICY DECISION WEIGHING THOSE ISSUES. AND LET ME MENTION MY MEMORY IF I MAY CHRISTIAN OF THE SAFETY ISSUE, I DO KNOW AS PART OF THE CORPS -- I'VE BEEN WORKING ON THIS SINCE 2016 SO I'M PROBABLY ALONG WITH YOU WILL PA THE ONLY ONE THAT GOES BACK TO THE INITIAL EFFORTS AND WHAT WAS DONE AND WHY, BUT UNDER THE CORPS PERMITTING PROCESS THEY REQUIRED THE COAST GUARD TO DO AN EXTENSIVE SAFETY STUDY, A SURVEY IS THAT NOT CORRECT MR. BLOW? AND THEY, THEY ISSUED A REPORT SAYING THIS HAD NO SAFETY ISSUES, NOW I CAN'T SPEAK TO THE HIGHWAY. I DON'T REMEMBER EXACTLY WHAT HAPPENED ON 210 BUT DO I KNOW I DRIVE 210 NOT AS MUCH AS PROBABLY JEREMIAH BUT I DRIVE THE 210 BRIDGE AND THAT IS A LITTLE BIT INTERESTING WHERE YOU HAVE TO MAKE SORT OF A QUICK TURN AND GO UNDER THE BRIDGE AND GET OVER THE BOAT RAMP. I GET THAT BUT NEVERTHELESS THE WATER SAFETY IS NOT IN MY MIND AN ISSUE. BUT WITH THAT HAVING BEEN SAID, AGAIN THIS IS AN INTERESTING CASE WHERE PAUL AND I GO BACK TO SORT OF HOW THIS ALL STARTED AND THE NEED AND WE WENT THROUGH THE WHOLE PROCESS.

AND ACCIDENTS NOW HAVE RAISED LEGITIMATE ISSUES -- CITIZENS HAVE RAISED LEGITIMATE ISSUES THAT WE'RE NEEDING TO ADDRESS. SO I'M GIVING YOU MY FEEL, BUT I'M HAVING FELT STRONGLY BOTH WAYS, WITH THAT SAID COMMISSIONER BLOCKER DO YOU HAVE A POTENTIAL MOTION YOU

MIGHT WANT TO OFFER? >> YES, MY MOTION WOULD BE THAT WE DELAY THIS FOR 30 DAYS ALLOW OUR IS OF TO COME BACK AND PROVIDE US A PRESENTATION HOPEFULLY IN OCTOBER. I DON'T THINK 30 DAY DELAY WOULD NOT COST US ALL THE FUNDING.

I HAVEN'T HEARD ANYTHING THAT WOULD INDICATE THAT IT WOULD AND GIVE AS YOU CHANCE TO HEAR FROM MORE OF THE RESIDENTS, THAT COMMISSION COMMISSIONER WHITEHURST AND ARNOLD NOR OPPORTUNITY TO VET IN. I UNDERSTAND THAT YOU AND COMMISSIONER WALDRON HAVE HAD AN OPPORTUNITIES TO REVIEW THIS BUT THE 3 OF US ARE DEALING WITH THEDENTS HERE.E LEGITIMATE CONCERNS, IT'S NOT AN ISSUE OF PLACING A BOAT RAMP IN PALM VALLEY. THE ISSUE IS THIS SPECIFIC LOCATION AND IMPACT ON 210. OTHER BOATING CONCERNS.

I THINK THAT WOULD AT LEAST WARRANT AN ADDITIONAL 30 DAYS OF DISCUSSIONS. MY MONET WOULD BE A MOTION TO DELAY FOR THE CHAIRMAN'S DISCRETION TO ALLOW STAFF PRESENTATION AND FURTHER DISCUSSION.

>> IS THERE A SECOND? >> SECOND.

>> WE HAVE A MOTION, AND A SECOND. ANY FURTHER DISCUSSION? OKAY. WE'RE GOING TO VOLUNTEER VOICE

VOTE. COMMISSIONER ARNOLD. >> YES.

>> YES. >> COMMISSIONER WALDRON.

>> NO. >> COMMISSIONER BLOCKER.

>> YES. >> AND I VOTE YES SO THAT MOTION PASSES 4-0. THANKS, GUYS FOR --

>> 4-1. >> THE VOTE WAS 4-1. 4-1 THAT'S WHAT I SAID I THOUGHT.

>> YOU -- SORRY. >> YEAH. OKAY. THAT TAKES CARE OF THAT. NOW THE FIRST ITEM ON THE AGENDA IS ACTUALLY A TIME CERTAIN. AT 10:30, SO WE'RE GOING TO SORT OF LEAP FROG OVER THIS ITEM.

I DON'T WANT ANYONE TO MAYBE SHOW UP AT 10 POCK AND SAY WHAT DO YOU MEAN YOU ALREADY VOTED ON THE ITEM BECAUSE IT

[2. Public Hearing * PLNAPPL 2022-01 Zurlinden Residence Appeal - 34 Marsh Dunes Pl (part 1 of 2)]

LET'S GO ON TO NUMBER TWO WHICH HAPPENS TO BE THE

ZURLINDEN RESIDENCE APPEAL. >> MR. CHAIR, THIS IS A

QUASI-JUDICIAL ITEM. >> I THIS 2, 3, 4, 5, AND 7 ARE. HELP ME REMEMBER THAT. WE NEED TO DO, ANY EXPARTIES

[01:00:07]

>> YES, MR. CHAIRMAN, I HAD A MEETING ON THURSDAY SEPTEMBER 1, 2022 AT PROXIMATELY 1:30 WITH DOUG BURNETT AND APPLICANTS, WE DISCUSSED THE HISTORY OF THE PROJECT. THE NEIGHBOR'S OPPOSITION AND DIFFERENT PERMITS AND TIMING OF THE USHUANCE,

THANK YOU. >> OKAY. COMMISSIONER

WHITEHURST. >> ON THURSDAY SEPTEMBER 1, 3,. M. MET WITH DOUG BURNETT ANDPLIC AFTERNOON. WE DISCUSSED MANY OF THE THINGS COMMISSIONER ARNOLD OUTLINED. WE DISCUSSED SORT OF HOW THIS APPEAL EVOLVED. THEIR ATTEMPTS TO WORK IT OUT WITH THEIR NEIGHBOR IN A ONE ON ONE SITUATION. SO

THAT IS ALL I GOT. >> OKAY. I MET ON, ALSO ON SEPTEMBER 1ST, AROUND 11:00 WITH MR. BURNETT AND THE APPLICANTS ON THIS PROJECT ALSO.

I THINK THAT'S THE ONLY CONTACT OR ANY DISCUSSION I HAD. COMMISSIONER WALDRON ANY EXPARTY ON ITEM 2?

>> NONE THAT I'M AWARE OF. >> MR. BLOCKER.

>> I SPEAK WITH MR. DOUG BURNETT FRIDAY APPROXIMATELY 1:00 P.M.ON SEPTEMBER 2. WE DISCUSSED WHAT HAS BEEN BROUGHT UP BY THE OTHERS, ASKING SPECIFIC QUESTIONS TALK ABOUT SOME EVER THE OPPOSITION, CLIENTS CONCERNS WHY THEY'RE BRINGING THIS FORWARD.

>> OKAY. WE'LL HAVE ITEM TWO PRESENT. YES, SIR.

>> GOOD MORNING, MY NAME IS MICHAEL MCQUAY.

I REMEMBER DAVE AND HOLLY LAWRENCE AT OPEN 5 BROKEN POTTERY DRIVE. I'M GOING TO TRY TO NOT TAKE UP ALL OF MY 15 MINUTES. EVERYONE SEEMS TO HAVE BRIEFED ON THE ASITUATION AND THE APPEAL PACKAGE IS GINORMOUS, WE'LL TRY TO KEEP THIS AS SUCCINCT AS POSSIBLE.

EVERYTHING THAT I'M GOING TO PRESENT IS ALREADY IN YOUR APPEAL PACKET BUT ONE OF THE THINGS THAT I WANT TO MENTION THAT I'LL PUT UP HERE IS THE CURRENT PERMIT HOLDER FOR THE ORIGINAL VARIANCE THAT WAS P. V. Z.

A. R. 2020-02 THAT WAS THE ORIGINAL VARIANCE ON THE PROPERTY. THAT WAS FILED BY JAY MCMARCH GEO. YOU CAN SEE HERE THE CURRENT PERMIT HOLD SER STILL MATT MCGARVEY SAME ADIRECTION, SAME DEVELOPER HERE. -- SAME ADDRESS, SAME DEVELOPER HERE. SO HERE IS A FRONT PAGE OF THE ORIGINAL ZONING VARIANCE. P. V. Z. A. R.

2020-02. THERE BE MANY ISSUES THAT WE MENTIONED IN THE AIR PEAL. ONE OF THEM IS WHICH LAW ACTUALLY APPLIES IN THIS SITUATION. IS IT AN EXISTING ZONING VARIANCE? OR IS IT R. 1 B. ZONING AFTER AFTER A ZONING VARIANCE LAB APPROVED BY THE ZONING AND ADMINISTRATION BOARD? WELL, PER THE V. A. Z. A. B. GUIDELINES MOST ZONING VARIANCES HAVE A DEFINITE EK PIRATION DATE OF ONE YEAR. AT THAT EXPERRATION DATE OF ONE YEAR IF BUILDINGS HASN'T COMMENCED THE APPLICANT MAY ASK OR PETITION FOR A ROGER TIME. IN THIS SITUATION, -- FOR A ROGER TIME. IN THIS SITUATION WHICH IS NOT UNCOMMON THIS PARTICULAR VARIANCE WAS SPECIFICALLY WRITTEN TO ENCUMBER AND RUN WITH THE LAND FOREVER WITH ALL CONVEYANCES FOR THE BENEFIT OF ALL PARTIES. SO THIS IS THE MODIFICATION OF ZONING OF A SPECIFIC PARCEL WHICH OTHER NEIGHBORS HAVE RELIED ON ALSO IN PURCHASING THEIR HOMES. SO MY CLIENTS PURCHASED THEIR HOME KNOWING ABOUT THIS EXISTING VARIANCE AND BEING TOLD IT RUNS WITH THE LAND AND IT, IT ATTACHES TO THE LAND.

SO I WOULD LIKE TO POINT OUT PAGE 2. THERE HAS BEEN A LOT OF TALK OF PAGE 2. EVERYONE HAS MENTIONED PAGE 2. NO ONE HAS DENIED SEEING PAGE 2. BUT IT SEEMS LIKE NO ONE READ PAGE 2. AS SOON AS YOU TURN THE PAGE, VERY FIRST THING AT THE TOP NORTHERN AND SOUTHERN BOUNDARY. THAT'S WHAT WAS TO BE MODIFIED. SO ORIGINALLY THESE TWO LOTS WERE TWO LARGE RECTANGULAR LOTS ORGANIZED FROM EAST TO WEST.

AND HOWEVER IT MAY BE JAY DECIDED HE WAS GOING TO DIVIDE IT IN FOUR, PUT TWO IN THE FRONT PUT A ROAD DOWN THE MIDDLE WHICH MADE THE LOTS UNIQUE IN SIZE AND

[01:05:03]

SO AS SOON AS YOU START BUILDING A TWO STORY HOME YOU ARE 3 STORIES UP SO THERE IS A PRIVACY ISSUE THEN THERE IS A DRAINAGE AND WATER RUNOFF ISSUE.

SO THE HARDSHIP IN THIS CASE WAS TO THAT OF THE ADJACENT HOME OWNERS WHICH I DON'T HAVE TO TELL YOU ALL OF THE COMPREHENSIVE PLAN, THE L. D. C., ALL OF THIS IS IN THE BENEFIT OF THE ENTIRE NEIGHBORHOOD. THE ENTIRE COMMUNITY AND THE DEVELOPMENT OF ST. JOHNS COUNTY AS A WHOLE. SO WHY WOULD THERE BE AN EXCEPTION TO THAT WHERE WE DEVIATE, WE JUST COMPLETELY DEVIATE FROM THE LAW? DEVIATE FROM CONSISTENT APPLICATION OF VARIANCES AND JUST SAY TO HECK WITH THIS. AND WE'LL JUST SAY R. 1 B. ZONING APPLIES IN THIS SITUATION.

EVEN THOUGH THERE IS A VARIANCE FOR THIS SPECIFIC REASONS THAT THE P. V. Z. A. B. ALREADY APPROVED SO.

THAT WAS IN 2020. MORE THAN A YEAR HAD PASS SOD THERE WASN'T TIME TO PETITION, TO CHANGE THAT ANDED BYING HAD COMMENCED. -- BUILDING HAD COMMENCED.

SO THIS IS A VERY CONTENTIOUS SITUATION.

I DON'T WANT IT TO BE, BUT THE ZURLINDENS DID PURCHASE THIS PROPERTY WITH KNOWLEDGE OF THE 2020 VARIANCE. AND RYAN PALO THE ORIGINAL APPLICANT FOR THE VARIANCE HE SUBMITTED A SITE PLAN AND THE APPLICATION FOR THE VARIANCE KNOWING ABOUT P. V. Z. A. R. 2020. THIS ORIGINAL VARIANCE, THEY KNOW ABOUT THE NORTHERN SETBACK OF 20 FEET AND THERE WAS A CLAIM THAT THIS STAGEDDARD VARIANCE WAS THE -- STANDARD VARIANCE WAS SOMEHOW VERY DIFFICULT TO UNDERSTAND, OKAY. I GUESS -- GET IT BUT IF YOU TURN PAGE 2 AND YOU READ IT, IT SAYS NORTHERN AND SOUTHERN BOUNDARY. SEE SPECIFICALLY NUMBER 4 IT INCLUDES EXHIBIT B. A SITE PLAN WHICH WILL SHOW A HOME THAT CAN BE BUILT ON THIS PARTICULAR UNIQUE LOT.

RIGHT. IF YOU WILL NOTICE IN NUMBER ONE IT SAYS THAT SPECIFICALLY THE VARIANE IS TRANSFERABLE SHOULD THE PROPERTY BE CONVEYED. I THINK THAT'S IMPORTANT HERE BECAUSE THE PROPERTY WAS CONVEYED TO ZURLINDEN, AS YOU SAW EARLIER THE DEVELOPER JAY WHO GOT THE ORIGINAL VARIANCE ESSENTIALLY HE STILL OWNS THIS. HIS SON IS THE DEVELOPER HERE. AND HAS THE CURRENT PERMITS. SO EVEN IF YOU DON'T CAN'T TO READ PAGE 2, SEE IF I CAN GET THIS ORGANIZED A LITTLE BIT SO YOU CAN SEE THAT, SO THE WHOLE PURPOSE OF THE ORIGINAL VARIANCE WAS BECAUSE THIS HOME WOULD HAVE BEEN TOO CLOSE TO THE NORTHERN LOT. SO WATER RUNOFF, PRIVACY, ALL OF THESE THINGS WOULD BECOME AN ISSUE. IF YOU LOOK AT THIS VARIANCE IT DOESN'T MAKE ANY SENSE AT ALL IF YOU ARE JUST TRYING TO REDUCE THE FRONT SETBACK BECAUSE AS YOU ALL KNOW AS THE BOARD EVER COUNTY COMMISSIONERS IF YOU WERE GOING TO GRANT A WAIVER INSTEAD OF GOING ALL WAIT DOWN TO A VARIANCE, AND SOMEONE IS GOING TO ASK FOR A WAIVER ON ONE OF THE SETBACKS YOU HAVE TO HAVE AN EQUAL CHANGE ON THE CORRESPONDING OPPOSITE SIDE SET BACKBECAUSE THE GOAL IS NOT TO GRANT A WAIVER SO SOMEONE CAN HAVE A LARGER BUILDING ON A LOT. SO IT'S COMMON SENSE.

IF YOU LOOK AT THE YELLOW THAT WAS THE ORIGINAL POSITION OF THE HOUSE. SO WHEN YOU READ THIS VARIANCE, THE PURPOSE WAS NOT ONLY TO MAKE IT A FRONT YARD SETBACK CHANGE. IT WAS TO SHIFT THE WHOLE HOME FORWARD AND AWAY FROM THE NORTHERN PROPERTY LINE.

ALLEVIATING THE HARDSHIPS OF PRIVACY AND DRAINAGE AND THESE ISSUES. THAT WAS REDUCED ALL THE WAY TO 25 FEET. I'M GOING TO SHOW YOU A COPY OF THE SITE PLAN. GOING TO BE VERY DIFFICULT TO READ ON HERE. BUT THE RELEVANT THING TO NOTE IS THAT THE

[01:10:01]

IT'S THE LITERAL ENFORCEMENT OF THE ZONING SETBACKS, THE LITERAL ENFORCEMENT THAT WOULD RENDER THIS PROPERTY UNUSABLE FOR IT ZONING PURPOSES. IT IS ZONED FOR SINGLE FAMILY USAGE. THE SETBACKS IDENTIFIED IN THE ORIGIN VARIANCE DO NOT RENDER THIS LAND USELESS.

NEXT I WILL NOTE THAT IN THE GRANTING OF P. V. Z. A.

R. 2020-2-15 THE ONE WE'RE HERE TO APPEAL THE HARDSHIP WAS ONE STATED TO BE BASED ON THE SIZE OF THE PARCEL.

THIS IS SOMETHING THAT IS SPECIFICALLY NOTED BY THE 5TH STRICT AS NOT -- DISTRICT AS NOT SOMETHING THAT YOU CAN GRANT A HARDSHIP OVER. IT'S THE DEARTH OF THE PARCEL. SO THAT'S ANOTHER ISSUE HERE. SO THAT BEING SAID, I'LL SPEAK BRIEFLY AS TO THE MISREPRESENTATIONS OR MISTAKES IF YOU WANT TO PUT IT THIS WAY. ANY MISTAKES ON THE APPLICATIONS RESULTED IN IMPROPER NOTICE. HERE IS THE APPLICATION ITSELF. THIS IS THE UPDATED PREVIOUSLY APPROVED VARIANCE 2020-02 YET P. V. Z. A. R. O 2022-150 WAS A MODIFICATION OF THE ORIGINAL R. 1 B.

ZONING. SO WHICH IS IT? THE APPLICATION P WAS UNCLEAR AND EVERYONE SEEMED TO BE CONFUSED AND THERE WAS A LOT OF DEBATE OVER THIS. EVERYONE WAS TRYING TO FIGURE OUT WHICH, WHAT APPLIED? DO AS VARIANCE APPLY? DOES. 1 B. ZONING APPLY? DO WE LET THE BUILDER CHOOSE AT THEIR OWN CHOICE? BUT MOST IMPORTANTLY WHEN THE NOTICES GO OUT THEY SHOULD AT LEAST BE ACCURATE. SO CHOOSE. ARE YOU CHOOSING TO SAY THAT WE'RE GOING TO MODIFY FROM THE 40 FOOT AND THE 10 FOOT REQUIREMENT OR ARE YOU GOING TO CHOOSE THE VARIANCE REQUIREMENT 25 FOOT IN THE FRONT AND 20 ON THE NORTHERN SIDE BUT YOU CAN'T MIX AND MATCH THEM AND THEN PRESENT IT TO THE BOARD AND TO THE PUBLIC AND EXPECT THEM TO BE ABLE TO FIGURE IT ALL OUT.

FOR THAT BEING SAID WE'RE NOT TRYING TO BE UNREASONABLE. IF THIS BOARD FINDS THAT THERE WAS SOME SORT OF MISREPRESENTATION, HEY, MAYBE JUST SUBMIT A PROPER APPLICATION AND WE GO FROM THERE AND HAVE ANOTHER HEARING, NOT SURE. WE DO A STOP, A WORK ORDER UNTIL THAT TIME. SO THAT BEING SAID, I DON'T THINK IT'S MORE COMPLICATED THAN THAT.

THERE IS A LOT OF STUFF IN THIS APPEAL.

BUT I DON'T THINK IT'S REASONABLE TO THINK THAT THE PUBLIC, I DON'T THINK IT'S REASONABLE TO THINK THAT THE P. V. Z. A. B. AND I DON'T THINK IT WAS REAM FOR THE ADJACENT PROPERTY OWNERS TO GET PROPER NOTICE OF WHAT IT WAS THAT WAS BEING MODIFIED AND ITS STATED THEY WERE MODIFYING THE VARIANCE WHEN THE LAWRENCES PURCHASED THEIR HOME ONE OF THE KEY COMPONENTS OF THEM BUYING IT WAS THAT THERE WAS GOING TO BE A 20 FOOT SETBACK IN THE REAR SEPARATING THEM AWAY FROM THEIR HOUSES. SO I WANT TO MAKE A COMMENT ON SOME OF THE AERIAL IMAGERY AND THEN ON THE CORNER LOT REALLY QUICK.

SO IN REFERENCE TO THE CORNER LOT ARGUMENT MADE BY JACOB, HE IS CORRECT. HOWEVER, THE P. V. Z. A.

B. TAKES THE L. D. C. A STEP FURTHER AND SAYS SHALL NOT EVER BE LESS THAN 20 FEAST IN ADDITION TO THAT THE P.

V. Z. ZONING DISTRICT REGULATIONS DO NOT GIVE DIFFERENT DEFINITIONS TO INTERIOR LOTS ON SIDE YARDS VERSUS SIDE YARDS. IT SAYS ANY YARD. SO I HAVE A COPY OF THAT HERE, BUT YOU CAN ALL READ THAT AFTER.

CAN I SHOW IS IT ON REBUTTAL ALSO.

THE OTHER THING I WOULD LIKE TO SAY IS THAT THE WHOLE PURPOSE OF THE CORNER LOT SIDE YARD REQUIREMENT IS TO ALLEVIATE THE OTHERWISE BUSHED THERE WOULD BE FOR HAVING A REAR LOT. SO ON A CORNER LOT, IF YOU

[01:15:01]

>> THANK YOU. >> THANK YOU VERY MUCH.

CHRISTINE, DO WE -- >> YEAH, THE PROPERTY OWNER IS REPRESENTED BY DOUG BURNETT.

>> 15 MINUTES. >> GOOD MORNING, COMMISSIONERS, FOR THE RECORD DOUG BURNETT, 104 SEA GROVE MAIN STREET ST. JOHNS LAW GROUP. WITH ME TODAY IS MARK AND LAURA ZURLINDEN ALSO THEIR CONTRACTOR WE'LL BRING THEM UP IN A MOMENT. I WANT TO START BY GIVING A LITTLE BIT OF A PRESENTATION TO WHERE YOU CAN REALLY GELT A FRAME OF REFERENCE WHERE THE PROPERTY IS AND SOME OF THE ISSUES. YOU CAN SEE IN PURPLE THERE IS THE PROPERTY. IF I ZOOM IN A LITTLE BIT IN PURPLE THERE IS THE PROPERTY. ADDITIONALLY TOWARDS THE END OF THIS AERIAL AND APPROXIMATELY THIS LOCATION IS LOOSELY WHERE MR. JOHN PATON LIVES.

I POINT THAT OUT BECAUSE JOHN PATON IS A LONG TIME MEMBER. HE HAS ON AND OFF A COUPLE OF TIMES I THINK OF PONTE VEDRA SCONING AND ADJUST BOARD. HE DRIVES, HE KNOWS THIS SITE AND MR. PATON MADE THE MOTION TO APPROVE AT PONTE VEDRAS AND THERE HE DECIDEEVER SAID THE CONFUSION OF THE ORIGINAL VARIANCE AND THE WAY IT WAS WORDED HAVING TO LOOK AT THE ATTACHMENT AND NOT HAVING DIMENSIONS LED TO A PLAN BEING APPROVED THAT WASN'T INCONSISTENT WITH EITHER THE EXISTING SETBACKS OR THE VARIANCE AND EFFECTIVELY IT WAS NOT THE HOME OWNER THAT APPROVED IT SO I THINK PART OF THE HARDSHIP IS THE FACT THAT THERE WAS AN ERROR MADE AND IT WAS AN HONEST ERROR AND IT WAS' CREATED BY CONFUSION BY WHAT SHOULD HAVE TAKEN PLACE.

MR. ROLLERSON WHO IS YOUR CHAIRMAN FOLLOWED ON WITH THAT. AND THE VOTE AS I. V.S.WAS UNANIMOUS TO TRY TO GET THE VARIANCE STRAIGHTENED OUT THAT.

IS WHAT IS BEFORE YOU TODAY AN APPEAL OF A UNANIMOUS DECISION BY P.I.V.S.APP. YOU CAN SEE THE LOT HERE.

THE ACTUAL APPALE ANT IS THE I BELIEVE THE HOUSE LOCATED 105 OFF OF THE NORTHWEST CORNER IF YOU WILL, THE AREA CIRCLED IN PURPLE IS THE SUBJECT LOT. IT DOESN'T LOOK LIKE THAT NOW. IT'S FULLY UNDER CONSTRUCTION.

JUST TO PUT IT IN CONTEXT THIS IS THE LOT. IT IS IN A SUBDIVISION THAT IS A JAY MCGARVEY SUBDIVISION LONG TIME DEVELOPER IN ST. JOHNS COUNTY. WE ALL KNOW HIS PROJECTS. THE INTERESTING THING IS THIS IS ALL UNDER A SINGLE MASTER DRAINAGE PLAN. IT HAS D. E. P. APPROVAL.

IT HAS ST. JOHNS RIVER WATER MANAGEMENT DISTRICT APPROVAL. ANYTHING RELATED TO DRAINAGE IS BEING PROSECUTED IN ACCORDANCE WITH THE PLAN. I WANT TO ASK MARK AND LAURA TO JOIN ME FOR A MOMENT PULLED AT THIS PODIUM. THE DOCUMENT ON THE LEFT IS THE SITE PLAN THAT WAS APPROVED ISSUED BY THE COUNTY ON MARCH 29, 2022. THE DOCUMENT ON THE RIGHT IS THE BUILDING PERMIT THAT WAS ISSUED APRIL 4TH, 2022.

BOTH PLEASE INTRODUCE YOURSELF.

>> LAURA ZURLINDEN. >> AND MARK ZURLINDEN.

>> AND IF YOU WOULD, EXPLAIN TO THE COMMISSION AT THIS STAGE WHEN THE PERMIT WAS ISSUED DID YOU HAVE ANY HINT OR KNOWLEDGE THAT ANYTHING WAS WRONG? DID YOU MAKE ANY

MATERIAL MISREPRESENTATION? >> NO.

>> NONE WHATSOEVER. >> MAKE SURE YOU SPEAK INTO

THE MICROPHONE. >> NO.

>> NONE WHAT OVER. >> HAD YOU EXPENDED SIGNIFICANT AMOUNTS OF MONEY AT THE STAGE THESE

PERMISSION WERE ISSUED? >> TO DATE WE'RE OVER $500

NOU IN EXPENDITURES. >> DO YOU RECALL AT THIS STAGE HAD YOU SPENT MONEY WITH AN ARCHITECTURE --

>> YES, CORRECT. >> WE'RE APPROXIMATELY

$50,000 IN AT THIS POINT. >> BACK IN THIS TIME FRAME OF WHEN THE BUILDING PERMANENT WAS ISSUED?

>> YES, SIR. >> BY THE WAY YOUR APPLICANT, IT'S AN INTERESTING COINCIDENCE OPINION THE BUILDING PERMIT WAS ISSUED. AN ISSUE DATE OF APRIL 5, 2022. THE APPLE ANT THAT FILED THE APPEAL THE LAWRENCES THEIR DEED WAS RECORDED APRIL 5TH, 2022.

SO THEY ACTUALLY BROUGHT THEIR PROPERTY ON THE SAME

[01:20:01]

THE CLEARANCE SHOT WAS ISSUED BEFORE AND THERE WAS ACTUALLY IDENTIFICATION THAT WAS GOING TO BE BUILT ON IT.

I'LL SHOW YOU THAT LATER BUT CURRENTLY OR AT LEAST AS OF THURSDAY OF LAST WEEK, CAN YOU, I'M GOING TO WALK THE COMMISSION THROUGH SOME PHOTOS. I WOULD LIKE TO ASK YOU DO THESE FAIRLY AND ACCURATELY REPRESENT THE STATEMENT OF YO YOU ARE HOUSE AS THEY EXISTED

THURSDAY OF LAST WEEK. >> YES.

>> ADDITIONALLAL WORK HAS BEEN DONE SINCE THEN.

>> YES. >> WHAT HAS GONE ON.

>> I THINK THERE ARE TRUSSES ON THE UP UPPER LEVEL.

>> WE'RE BUILT UP NOW TO OUR SECOND FLOOR.

>> JUST WANT TO WALK THE COMMISSION SO YOU CAN GET AN, GET THE PHOTOS INTRODUCED INTO THE RECORD SO YOU CAN GET AN IDEA OF THE STAGE OF CONSTRUCTION

WHERE THIS HOME IS AT. >> IN OTHER WORDS ALL THAT WOOD ON THE GROUND IS NOW IN A BUILDING.

>> THANK YOU, COULD YOU JOIN US UP HERE? MARK, LAURA.

[INAUDIBLE] >> SIR, IF YOU WOULD INTRODUCE YOURSELF TO THE COMMISSION.

>> COMMISSION MY NAME IS RYAN PAL OOH, I'M THE GENERAL CONTRACTOR FOR THE ZURLINDENS.

>> WHAT IS NAME OF YOUR COMPANY.

>> ' COASTAL OAKS CONSTRUCTION.

>> YOU ARE STATE OF FLORIDA LICENSED CONTRACTOR.

>> I AM CERTIFIED GENERAL CONTRACTOR.

>> HOW LONG HAVE YOU BEEN. >> SINCE 2009 I BELIEVE.

>> AND YOU ARE FAMILIAR WITH ST. JOHNS COUNT.

>> VERY, THIS IS THE MAJORITY OF THE WORK THAT I DO IS IN ST. JOHNS COUNTY. MAINLY AT THE BEACHES AND

PONTE VEDRA. >> IN RETROSPECT AND EARLIER OPPOSING COUNSEL WAS SHOWING THIS PAGE 2 OF THE ORIGINAL VARIANCE. THERE'S NO ACTUAL MEASUREMENT.

THERE YOU HAD TO ACTUAL GO TO THE SITE PLAN THAT CREATED SOME CONFUSION AS MR. PATON POINTED OUT. IS

THAT YOUR UNDERSTANDING? >> YEAH, THAT IS CORRECT.

>> IS IT ALSO YOUR UNDERSTANDING WITHOUT A VARIANCE YOU COULD ACTUALLY BUILD TO THE SETBACK AND GO BACK FURTHER, IT WAS ESSENTIALLY A COMPROMISE.

>> THAT'S CORRECT. IF WE COULD SEE THAT A LITTLE BIT CLOSER THE REAR SETBACK INITIALLY WAS 10 FEET. AND THE LOCATION OF THE HOME CURRENTLY IS 12 FEET. SO WE'RE AN EXTRA 2 FEET AWAY FROM THE REAR SETBACK OF THE

PROPERTY. >> AND COMPARING THE ACTUAL CLEARANCE SHEET THAT WAS APPROVED FOR THE SITE PLAN VERSUS YOU'VE NOW HAD A SURVEYOR GO OUT AND DO AN AS BUILD TO SHOW THE FOUNDATION LOCATION?

>> YES, WE DID. PART OF THAT IS MORTGAGE RESPONSIBILITY BUT WE DID HAVE A FOUNDATION SURVEY COMPLETED AND IT PROVES THAT WE ARE WITHIN THE 12 FEET OF THE NUMBER WHICH IS NOTATED THERE.

>> SO THE VARIANCE THAT WAS APPROVED BY PISS THAT HOME IS ACTUALLY SITTING -- BY P. I. V. S., IT'S SITTING IN

THE EXPECT LOCATION. >> AND COMPARING THE VARIANCE APPROVED WITH THIS 20 FOOT ON THE BACK AND 12 FEET ON THE FRONT IT WOULD HAVE HAD A LAY OUT THAT WOULD POTENTIALLY ALLOW FOR A POOL IN THIS LOCATION,

CORRECT? >> THAT IS CORRECT, THAT'S WHERE YOU WOULD PLACE THE POOL.

>> THE SWIMSING POOL WOULD BE AGE TO GO DOWN TO THE 10 FOOT MEASUREMENT OR POTENTIALLY EVEN LESS?

>> IT WOULD BE ABLE TO GO ALL THE WAY TO THE TEN AND DEPENDING ON IF THEY HAD APPLIED FOR THE, THEY MIGHT EVEN BE ABLE TO PUSH IT FURTHER BUT YES.

>> AND LOOKING AT THE SITE NOW, AND WHAT IS BEING PROPOSED THE POOL IS FURTHER REMOVED FROM THAT LOCATION?

>> IT'S MOVED QUITE A BIT. THE, INSTEAD OF BEING ON THE NORTH BOUNDARY IT'S OVER ON WHAT I WOULD CONSIDER THE SOUTHWEST BOUNDARY MORE ALMOST LIKE A FRONT YARD

SIDE YARD POOL SETUP. >> COMPARING THESE TWO PLANS AS FAR AS CONTROLLING DRAINAGE TO THE NORTH AND COMPLYING WITH THE OVERALL SUBDIVISION PLANS, IS THAT ACCOMPLISHED MORE CORRECTLY UNDER THIS PLAN VERSUS THE

PRIOR PLAN? >> I THINK THE MAIN DIFFERENCES HERE ARE WHAT YOU HAVE IT SET UP WITH THE POOL IN THE REAR, YOU ARE GOING TO HAVE POOL DECKING AROUND THAT AREA. YOU ARE GOING TO HAVE A LOT MORE RUNOFF IN TERMS OF WATER SHEETING AND IN THE SCENARIO THAT WE HAVE CURRENTLY WE'RE ABLE TO MITIGATE WATER IN A MUCH BETTER WAY MANY, KEEP THE WATER THAT'S IN THE FRONT IN THE FRONT AND THEN FLOWING OVER TO THE SIDE RETENTION. AND THEN INTENTIONALLY USING WHAT WAS DESIGNED AS PART OF THE MASTER DEVELOPMENT PLAN

[01:25:01]

WE COULD GO HIGHER BUT WE ARE AT THE ABSOLUTE LOW NUMBER WHICH WAS THE MINIMUM NUMBER SO AS TO NOT RAISE THE ELEVATION OF THE GRADE ANY MORE THAN WAS THE INITIAL DESIGN OR THE PREFERRED DESIGN I SHOULD

SAY. >> YOU WERE ACTUALLY ABLE TO OBTAIN THE PLANS AND FOLLOW THE PLANS THAT CONLY WICKER ORIGINALLY DESIGNED FOR THE SUBDIVISION?

>> THAT IS CORRECT, THIS IS AD SECOND HOME THAT I'VE BUILT IN THIS DEVELOPMENT SO I'M FAIRLY FAMILIAR WITH THE ASSOCIATION DOCUMENTS AND UNDERSTANDING THERE IS A LOT OF EARTH MOVING AND DIRT MOVING THAT TAKES PLACE IN ANY OF THESE, AND PARTICULARLY THE ONES FURTHER DOWN ON THE ACTUAL MARSH, BUT I WAS ABLE TO READ THROUGH THE DOCUMENTS AND ALSO MAKE CALLS AND VERIFY SO THAT I WAS COMPLETELY UP TO SPEED ON

WHAT THE INTENTIONS WERE. >> AND LOOSELY LOOKING AT THE AREA OF THE HOUSE NOW ROUGHLY LAYS OUT LIKE THIS ALTHOUGH IT MAY NOT BE PRECISELY TO SCALE.

>> THAT IS CORRECT. >> IF WE COULD VERY BRIEFLY COMMISSIONERS RUN THROUGH A TIMELINE. I WANT TO REPEAT THIS SO YOU CAN SEE IT FOR YOURSELVES PRETTY EASILY IF YOU YOU ARE MORE VISUAL, MARCH 29, 2022 SITE PLANS APPROVED. APRIL 5, 2022 BUILDING PERMIT IS ISSUED WHICH I SHOWED YOU EARLIER. ALSO THE LAWRENCE DEED GETS ISSUED THAT DAY OR RECORD THAT HAD DAY.

MAY 20 IS THE STOCK WORK -- TOP WORK ORDER COMES INTO AFFECT. BY THIS POINT IN TIME RYAN YOU HAD ALREADY DONE A FOOTER, STEM WALL AND SIGNIFICANT LEVELS OF CONSTRUCTION, THAT'S CORRECT.

>> THAT'S CORRECT. THE SLAB WAS POURED I BELIEVE AT

THIS POINT. >> BY THE TIME THE P. I. V.

S. HEARING CAME ALONG ON JUNE 27 SO THERE IS ACTUALLY A LITTLE OVER A MONTH OF STOP WORK ORDER THAT YOU COULD NOT CONSTRUCT ON THE SITE, THAT IS CORRECT.

>> THAT'S CORRECT. >> AND THEN ULTIMATELY, ONCE P.I.V.'S APPEAL, VARIANCE WAS RELEASED ON JUNE 27 YOU WERE RELEASED TO CONTINUE CONSTRUCTION COUNTY STAFF.

>> THAT IS CORRECT. >> THEN THE APPEAL WAS FILED COMMISSIONERS JULY 26 SO THEY WAITED TO THE LAST DAY IF YOU WILL OR ALMOST LAST DAY IN ORDER TO FILE THE APPEAL IN THE CASE LETTING THEM GOOD FINISH GETTING FURTHER INTO THE CONSTRUCTION. IF YOU LOOK AT A SCHEDULE YOU CAN SEE THE TIMEFRAME THERE OF WHAT WAS GOING ON AND THE PERMITS.

PUT IT UP. IT IS RAE ON YOUR SYSTEM. IF I COULD I HAVE A COUPLE OF MINUTES LEFT. I WANT TO HIT A COUPLE OF POINTS. I WANT TO ASK MARK A COUPLE OF QUESTIONS. MARK, LET ME ASK YOU A QUESTION WHICH IS DO YOU FEEL LIKE YOU RELIED UPON THE IUANCE OF THE CLEARANCE SHEET AND THE BUILDING PERMIT IN GOOD

FAITH? >> ABSOLUTELY.

>> AND IN MAKING THAT RELIANCE DID YOU ACT ON EITHER AN APPROVAL OR SOME OTHER ACT OR OMISSION BY THE

LOCAL GOVERNMENT? >> YES. WE MOVED FORWARD

WITH OUR PLANS. >> AND DID YOU MAKE A SUBSTANTIAL CHANGE IN YOUR POSITION IN RYE LYING ON THOSE PLANS -- IN RELYING ON THOSE PLANS.

>> NOT AT ALL, EVERYTHING IS BASED ON THAT.

>> WHAT I'M SAYING DID YOU MAKE A SUBSTANTIAL CHANGE IN YOUR CIRCUMSTANCES BY FOLLOWING THE BUILDING PERMIT AND THE CLEARANCE SHEET AND GOING FORWARD WITH THE CONSTRUCTION OF THE HOME?

>> YES, I'M SORRY, I MISUNDERSTOOD EARLIER YOU WERE TALKING ABOUT INCURRING SIGNIFICANT EXPENSES AND YOU

ARE OVER $000,000. >> CORRECT.

>> ARE YOU UNDER PRESSURE FOR TIMELINE TO COMPLETE THE

CONSTRUCTION. >> YES, WE HAVE A 12 MONTH

CONTRACT WITH OUR BANK. >> OKAY. THANK YOU.

>> I THINK THAT'S IT FOR OUR PRESENTATION AT THIS STAGE.

IF YOU HAVE ANY QUESTIONS, WE'LL BE CERTAINLY HOPE TO ANSWER -- HEAPS TO ANSWER THEM.

-- HAPPY TO ANSWER THEM.

>> DONE.

>> YES, SIR. >> CHRISTINE, NEXT.

>> PUBLIC COMMENTS. >> OKAY. THANK YOU.

[01:30:03]

>> THE BOARD WILL HEAR PUBLIC COMMENT ON AGENDA ITEM NUMBER 2. ANYBODY WISHING TO MAKE PUBLIC

COMMENT PLEASE COME FORWARD. >> HI, CHRISTINE JOSEPH 121 LAGOON FOREST DRIVE. I MET HOLLY LAWRENCE ABOUT AUGUST 2. SHE REACHED OUT TO ME TO GET SOME HELP ON THIS HOME.

SHE HAD ALWAYS BEEN WORKING WITH THE CONTRACTOR. SHE KNEW IT WAS IN THE, IT WAS AT 10 FEET AND IT SHOULD HAVE BEEN AT 20 FEET BEFORE THEY EVEN POURED THE SLAB.

SHE SPOKE TO THIS GENTLEMAN AND TRIED TO TELL HIM IT WAS WRONG. AND I THINK THAT IS WHEN THEY TRIED TO GET THE STOP WORK ORDER AND I FEEL SORRY FOR HER BECAUSE WHAT HAPPENED AFTER THE STOP WORK ORDER WAS RELEASED THEY BUILT AS FAST AS THEY COULD BECAUSE THEY WANTED TO SHOW YOU ALL THE THINGS THINK BUILT SO YOU SHOULDN'T TELL THEM THAT THEY EITHER HAVE TO REMOVE IT OR AT LEAST DO SOMETHING FOR THIS FAMILY.

IF THE POOL HAD BEEN IN THE BACK THEY WOULD HAVE MORE AIR BETWEEN THEIR HOUSE AND THE NEW BUILT. SO THEY MOVED IT TO THE SIDE NOW THEY HAVE A GIANT WALL IN THE FRONT OF THE FENCE AND IT'S NOT, IT'S JUST SAD THAT NEW PEOPLE COME IN AND THEY DON'T FOLLOW THE RULES.

SO ANYWAY I THINK HOLLY NEEDS TO COME UP AND TALK MORE AND TAKE 3 MINUTES IF SHE CAN. THANK YOU.

>> THANK YOU. >> THANK YOU FOR THE PUBLIC COMMENT. WOULD ANYBODY ELSE LIKE TO MAKE PUBLIC COMMENT?

>> I'M HOLLY LAWRENCE. I LIVE AT 105 BROKEN POTTERY DRIVE IN PONTE VEDRA BEACH. WHEN THIS FIRST VARIANCE WAS APPROVED ON JULY 13, 2020, IT WAS APPROVED BASED ON A HARDSHIP 101 AND 105 BROKEN POTTERY DRIVE THROUGH TO PRIVACY AND DRAINAGE CONCERNS RELATED TO THE SIGNIFICANTLY HIGHER ELEVATION OF 34 MARSH DUNES PLACE THAT HARDSHIP DIDN'T GO AWAY BECAUSE THE CURRENT OWNERS WANT TO BUILD A BIGGER HOUSE.

WHEN WE PURCHASED OUR HOME IN APRIL, THE SETBACK FOR THE SIDE YARD ON A HOUSE TO BE BUILD MIND YOUR PROPERTY WAS 20 FEET. WE MOVED HERE FOR LESS STRESS. AFTER MY HUSBAND RETIRED FROM THE NAVY. WE WOULD NOT HAVE PURCHASED OUR HOME HAD WE KNOWN SOMEONE COULD COME IN AND BUILD A HOUSE ON THE LOT BEHIND US COMPLETELY DISREGARDING SETBACKS ESTABLISHED BY THE COUNTY. THE HOUSE AND POOLHOUSE OR CABANA CURRENTLY BEING BUILT IS TOWERING OVER THE BACK YARD AND THE SECOND STORY OF THE MAIN HOUSE IS BEING BUILD AS WE SPEAK. WE'VE NO PRIVACY FOR CHILDREN TO PLAY OR SWIM. THE OUTDOOR KITCHEN AND DECK ARE AT EYE LEVEL AND THE HOUSE AND POOLHOUSE WILL BE CONSTANTLY LOOMING OVER US. WE HAD APPROACHED THE BUILDER EARLIEN BEFORE ANY WORK HAD BEEN DONE AND WERE PROMISED THEY WOULD COME TO A PROMISE. MY HOUSE SPOKE WITH THE BUILDER IN ORDER TO REACH AN AGREEMENT WITH THE OWNERS BUT IT WAS NOT UNTIL THE AFTER THE STOP WORK ORDER WAS ISSUED THAT MR. ZURLINDEN STATED THAT IT WAS A CALCULATED IGNORE MAKING IT CLEAR THAT NO ALTERATIONS OR COMPROMISE WOULD BE CONSIDERED.

ADDITIONALLY WE WERE THREATENED IN WRITING TO BUILD THE HOUSE HIGHER IF WE DID NOT IMMEDIATELY CANCEL OUR COMPLAINT WITH THE COUNTY AND IN THE MEAN TIME THE OWNERS AND BUILDER WERE ACTIVELY WORKING WITH THE ZONING DEPARTMENT TEMPERATURE RELIEF GRANTED AFTER THE FACT. 34 MARSH DO YOU KNOW PLACE IS A BUILDABLE LOT WITHIN THE 2020 VARIANCE A 20 FOOT SIDE YARD SET BACK, THERE ARE OTHER OPTIONS BUILDING A STATEHOUSE WITH A SMALLER FOOTPRINT THAT WOULD BE MORE APPROPRIATE FOR THE LOT OR POSSIBLY MOVING OR REMOVING THE POOLHOUSE OR CABANA WHICH IS LOOMING OVER OUR POOL. THEIR DREAM HOME HAS BECOME OUR NIGHTMARE. WHAT IS THE PURPOSE OF HAVING SETBACKS IF SOMEONE CAN COME IN AND BUILD A HOUSE WITHOUT THEM BEING UPHELD? THANK

YOU. >> OKAY. THANK YOU. WOULD ANYBODY ELSE LIKE TO MAKE PUBLIC COMMENT ON AGENDA

ITEM NUMBER 2? >> DAVID LAWRENCE, 105 BROKEN POTTERY DRIVE. I'M THE HUSBAND OF HOLLY LAWRENCE WHO REALLY DOESN'T LIKE PUBLIC SPEAKING BUT SHE GOT UP HERE AND DID IT ANYWAY.

THIS HAS BEEN A NIGHTMARE FOR US. AND I WAS ACTUALLY AT HOME WITH MY DOGS THAT WAS HAVING SEIZURES AND WATCHING YOU GUYS LIVE AND AS SOON AS I HEARD THAT THE COMMISSIONERS FOUR OUT OF FIVE HAD ALREADY MET WITH THE ZURLIPPEDDENS WHEN WE WERE TOLD BY TERESA BISHOP AND JAKEB OBSMITH WE WERE NOT ALLOWED TO HAVE ANY CONNECT WITH THE COMMISSIONERS PRIOR TO THIS MEETING. I FIND IT VERY INTERESTING THEY DID THAT WHEN JEREMIAH, SIR, WE CALLED YOU SEVERAL TIMES AND E-MAILED YOU. AND COULDN'T EVEN GET A PHONE CALL BUT YOU HAD A MEETING WITH THEM ON FRIDAY.

CAN YOU JUST TELL ME WHY. >> THIS IS NOS THE FORUM FOR

[01:35:03]

COMMENT. >> I'M MAKING A COMMENT.

WE'VE BEEN DISMISSED AND IGNORED BY THE COUNTY.

SINCE THE START OF THIS. WE WERE UNDER CONTRACT ON OUR HOME SINCE CHRISTMAS EVE. WE DID OUR DUE DILIGENCE AND JAY MCGARVEY CAME IN HERE BEFORE THE BOARD AND REQUESTED A HARDSHIP BASED ON THE NEIGHBORS, 101 AND 105 BROKEN POTTERY DRIVE. WHAT DOES A DEVELOPER COME IN IT AND HAVE TO GET SPECIAL PERMISSION FROM THE COUNTY ATTORNEY TO PRESENT A HARDSHIP BASED ON THE NEIGHBORS? HE WAS ON OUR SIDE. THAT, THIS IS THE REASON I CAME IN HERE. YOU GUYS HAVE BEEN TOLD TO FEEL SORRY FOR THE CALIFORNIA TRANSPLANTS THAT CAME OVER HERE AND TRIED TO BULLY THEIR WAY INTO A 6500 SQUARE FEET HOME WHEN THEY COULD HAVE BUILT A 5,000 SQUARE FEET HOME. A 4,000 SQUARE FEET HOME. A 6500 SQUARE FEET HOME WITHOUT A FOUR CAR GARAGE AND A GUESTHOUSE. THAT IS OVER MY POOL.

I SPENT 1.1 MILLION OF HARD EARNED RETIREMENT INCOME. I RETIRED FROM THE NAVY AFTER 20 YEARS. I WENT TO ANNAPOLIS. I WORKED HARD FOR MY MONEY.

AND NOW THEY'RE PRESENTING FINANCING AS A HARDSHIP.

THE GUY THAT IS A PORCH DEALER BUILDING A $3 MILLION HOME. THE BUILDER GAVE ME HIS WORD THAT COMPROMISE WOULD BE REACHED. I CALLED HIM 17 TIMES OVER THREE WEEKS BEFORE EVEN CALLING THE COUNTY TO COMPLAINT BECAUSE I WAS RAISED TO TAKE CARE OF YOUR OWN PROBLEMS. THAT IS THE WAY WE DID IT IN THE NAVY. THAT'S HOW IT SHOULD BE DONE HERE. YOU

KNOW THAT JEREMIAH. OKAY. >> THANK YOU FOR YOUR

COMMENTS. >> THANK YOU.

>> WOULD ANYBODY ELSE LIKE TO MAKE PUBLIC COMMENT?

MR. SLAVEIN. >> ED SLAVEIN, BOX 3084 BASED UPON WHAT I'VE HEARD I THINK THE APPEAL SHOULD BE SUSTAINED AND UNDER THE COURT OF APPEALS CASE AND PINECREST LAKES VERSUS SLIDELL IF A STRUCTURE IN FLORIDA IS BUILT ILLEGALLY, THE COURTS WILL ORDER IT TO BE TORN DOWN. I WOULD SUGGEST PERHAPS THE COMMISSION MIGHT WANT TO PROCEED BY ASKING THE PARTIES TO MEET AND SEE IF THEY CAN COMPROMISE AND IF NOT, I WOULD ASK YOU TO SUSTAIN THE APPEAL. I THANK

YOU. >> THANK YOU, MR. SLAVEIN.

ANYBODY ELSE? YES, MA'AM. >> GOOD MORNING ONCE AGAIN.

SANDY VAN STAYEDEN. 113 BROKEN POTTERY DRIVE. PONTE VEDRA BEACH. I'M A NEIGHBOR OF HOLLY AND DAVID. I'M THE 4TH HOUSE IN. THE THIRD HOUSE IN AND THE FOURTH HOUSE IN ARE IMPACTED BY THE OTHER HOUSE IN OCEAN DUNES THAT IS DIRECTLY BEHIND YOU SAW THE MAP UP THERE. WE HAVE, WE PURCHASED IN 2018. WE SAW THE DEVELOPER AND WE WERE TOLD THAT LIKE HOLLY AND DAVID THAT DRAINAGE WOULD BE TAKEN CARE OF. WE WERE TOLD FIRST OF ALL WE WERE SHOCKED THERE WOULD BE A SIDE YARD ABUTTING OUR BACKYARD WHEN IN OUR DEVELOPMENT, ALL THE PERIMETER HOMES ARE ABUTTED BY OTHER NEIGHBORS' BACK YARDS AND THAT THE SETBACK AND THE SPACE BETWEEN OUR PROPERTY LINE AND THE NEXT DEVELOPMENTS WAS LESS SPACE THAN THEY HAD BETWEEN EACH OF THEIR OWN HOMES ALONG A.

1 A. THAT BEING SAID WE WERE PROMISED THERE WOULD BE A VEGETATED BUFFER. I THINK THAT'S GOING TO BE AN ADDITIONAL ISSUE AS IT RELATES TO HOLLY AND DAVID.

UNFORTUNATELY, MR. MCGARVEY SAID THE VEGETATED BUFFER MEANT THEY CAN'T DESTROY NATIVE VEGETATION AND GROWTH HAS TO BE MAINTAINED. THEY ARE UP HERE. WE'RE DOWN HERE. WE'RE LOOKING AT A SKYSCRAPER. WE'VE INVESTED $5,000 IN TREES THAT ARE DYING BECAUSE OF THE FACT THAT THE NEIGHBOR BLIND US HAS STOMPED DOWN ALL THE NATIVE VEGETATION.

THE ONLY THING GROWING ARE WEEDS COMING IN STRANGLING OUR TREES AND WE HAVE NO SUN . WE WERE TOLD SOMETHING

[01:40:02]

TWO LARGE OAK TREES DIRECTLY BLIND OUR HOUSE AND HOLLY AND DAVID ARE EXPERIENCING THE SAME WITH VEGETATION.

THAT TURNS OUT THE OWNER BUILDING BLIND US DOESN'T LIKE LEAVES ON HIS ROOF AND SO FORTH SO WITHIN THAT VEGETATED BARRIER TWO GIANT LIMBS WERE REMOVED FROM OAK TREES THAT HELPED SHIELD US FROM A HOME THAT IS ABOUT 40 FEET ABOVE US DIRECTLY NEXT TO OUR PROPERTY LINE.

THIS IS A REAL PROBLEM AND I THINK THAT, THAT STAFF AND THE DEVELOPER AND THE BUILDER NEEDS TO WORK TOGETHER TO MITIGATE SOME OF THIS, TO TO AT THE VERY LEAST IF THIS GOES FORWARD TO REQUIRE HAVING TAKING TO,

TO HELP -- >> MA'AM.

>> CREATE A BARRIER. >> THANK YOU, MA'AM.

>> THANK YOU VERY MUCH. >> ALL RIGHT. THANK YOU.

ANYBODY ELSE LIKE TO MAKE PUBLIC COMMENT?

>> HI, MY NAME IS LAURA ZURLINDEN, 236 SHELL BUFF COURT. THANK YOU FOR BEING HERE AND LISTENING TO US, I THINK WHAT'S IMPORTANT TO REMIND EVERYONE IS WE STARTED THIS BUILDING PROCESS 1.5 YEARS AGO, THE LAWRENCE FAMILY MOVED IN JUST IN APRIL. A LOT WENT INTO THIS AND WHEN THEY CAME IN WITH UNREASONABLE DEMANDS TO MOVE THE PROPERTY OR ELSE IT WAS VERY DIFFICULT TO CONSIDER TO EVEN DO FINANCIALLY OR WE HAD THE HOME BUILT TO FIT THE PROPERTY.

ADDITIONALLY, THEIR FIRST COMPLAINT AND MAIN COMPLAINT WAS HOW CLOSE WE WERE TO THEIR PROPERTY.

AS WE PROVED IN THE LAST HEARING WE'RE BUILT TO ZONE, WE'RE FURTHER BACK FROM THAT BY 2 FEET. ONCE THAT WAS PROVEN, THIS TURNED TO BE A PERSONAL MISSION BY DAVID LAWRENCE AND WE HAVE THAT IN TEXT TEMPERATURE WE WOULD BE -- WE WOULD BE GLAD TO SHARE THAT. WE KNOW THIS BECAUSE THESE ARE SOME OF HIS COMMENTS.

YOU JUST MADE THIS MY MISSION. WE'RE ALL HERE RIGHT NOW FOR A MISSION NOT BECAUSE OF THE FACTS BUT BECAUSE OF A MISSION. THEY POSSIBLY DIDN'T DO DUE DILIGENCE AND WHEN THEY MOVED IN AND SAW THE TREES GOING DOWN AND THEY COULDN'T FIGHT IT THEY TURNED THIS INTO A COMMISSION, ANOTHER COMMENT WAS I DO NOT THREATEN. I FOLLOW THROUGH. I'M ACTUALLY WORKING ON ADDITIONAL PAPERWORK. ANOTHER COMMENT WHEN WE WERE TRYING TO WORK ON PUTTING SOME VEGETATION OR A WALL OR WHATEVER HE WOULD CONSIDER HIS, WE ASKED WHERE WE ARE AND HE SAID PROBABLY SOMEWHERE TODAY BETWEEN STOPPING YOUR WORK OR YOUR MORTGAGE BEING PULLED.

CLEARLY IT'S CLEAR WE'RE HERE FOR A MISSION. I HOPE ALE OF YOU CAN SEE THE FACTS AND I APPRECIATE YOUR TIME.

THANK YOU. >> THANK YOU.

>> THANK YOU, MA'AM, FOR THE COMMENTS.

I APPRECIATE IT. ANYBODY ELSE LIKE TO MAKE PUBLIC COMMENT ON AGENDA ITEM 2? I SEE TWO PEOPLE.

ALL RIGHT. WELCOME BACK. >> THANKS FOR THE WELCOME.

COMMISSIONER WHITEHURST. B. J. LADY CITY OF ST. AUGUST TEEN. YOU KNOW RESIDENTS COME IN HERE AND WE PUT ONE AGAINST ANOTHER. ONE AGAINST ANOTHER.

ONE AGAINST ANOTHER. YOU HAVE GOT THE LAWYER, LAWYER, LAWYER, LAWYER. THEN WE SIT HERE, NOT ALL OF US BUT SOME OF US AND LISTEN TO THIS LIKE YOU HAVE TO. I DON'T KNOW WHAT THE WORD "SUSTAIN" MEANS.

I THINK I DO BUT I WOULD SUGGEST EASIER WORD FOR EVERYBODY TO UNDERSTAND BECAUSE YOU KNOW I LIKE TO SPELL WORDS OUT. I'M NOT GOING TO SPELL THIS ONE.

DENY THE APPEAL. BUT THE MAIN THING IS THESE MEETINGS ARE TO CONVINCE YOU PEOPLE -- I'M SORRY, YOUR COMMISSIONERS, I'M SORRY, YOU DIDN'T MEAN TO SAY YOU PEOPLE -- TO LISTEN TO ALL OF THE COMMENTS AND I DON'T THINK YOU GET EVERYTHING. AND IF YOU ARE MEETING BEHIND THE SCENES THAT CONCERNS ME ON A LOT OF THINGS BUT YOU HAVE A RIGHT TO DO WHAT YOU ARE DOING I GUESS. IT IS NOW AT LEAST BEFORE I GOT UP HERE I THINK WE WERE AT 10:49 AM SOMS OF PEOPLES ARE HERE FOR 10:30 BUT I'M SURE THEY DON'T MIND SITTING HERE LIVINGS TO THIS, THIS IS VERY IMPORTANT. I THINK MORE IMPORTANT THAN THE THEATER. I KNOW THE WORLD IS GOING TO FALL DOWN FOR ME TO SAY THAT BUT I DO.

I THINK IT'S RESIDENTS, QUALITY OF LIFE AND TREATING

[01:45:05]

I WOULD SUGGEST THE WORD IS DENY THE APPEAL. THANK YOU.

>> THANK YOU, MISS LADY. ANYBODY ELSE -- I KNOW WE HAD ONE GENTLEMAN ABOUT TO COME FORWARD. THERE HE IS.

SIR, GIVE US YOUR NAME AND ADDRESS FOR THE RECORD THEN I'LL GIVE YOU 3 MINUTES FOR PUBLIC COMMENT.

>> TOM SARICH, 101 BROKEN POTTERY DRIVE.

>> THANK YOU, SIR. >> MY HOUSE IS THE ONE DIRECTLY NORTH OF THE HOUSE THAT'S BEING BUILT. I'M GOING TO KEEP THIS SIMPLE. I'VE RESIDED THERE SINCE FEBRUARY OF 2000 SO I'M PROBABLY ONE OF THE OLDEST RESIDENTS IN OUR COMMUNITY. AND A LOT HAS HAPPENED.

A LOT AND I CAN'T TURN BACK THE CLOCK. I DON'T REMEMBER EXACTLY BUT MY WIFE AND I WHEN SHE WAS ALIVE WHEN WE PURCHASED THE PROPERTY WE WERE UNDER THE UNDERSTANDING THAT IT WAS SUPPOSED TO BE PART OF THE PRESERVE, SOMEWHERE THAT GOT CHANGED OR MAYBE IT WASN'T THE TRUTH. I DON'T KNOW BUT IT WAS BEAUTIFUL. I MEAN, WE GET EAGLES, OCCASIONALLY, MORE HAWKS THAN ANYTHING AND WILDLIFE LIKE YOU COULDN'T BELIEVE. FROM I'M FROM UP TOWN MANHATTAN, NEW YORK CITY, I COULDN'T ENVISION SOME OF THINGS I DID WERE STUPID LIKE TRY TO HAND FEED A RACCOON BUT IT WAS NICE AND IT'S PRETTY. I UNDERSTAND PROGRESS GOES ON. AND PEOPLE HAVE A RIGHT TO BUILD THINGS, BUT, MAN, YOU GOT TO COME AND -- I INVITE ALL OF YOU TO STAY IN MY HOUSE FOR TWO DAYS WHILE THIS WORK IS GOING ON. I'VE BEEN RETIRED FOR CLOSE TO 9 YEARS. AND MY DAILY HABITS HAVE CHANGED. I STAY UP TO 1:00 IN THE MORNING AND DON'T GET UP TILL 9:30, THAT CHANGED. MY BEDROOM, MY MASTER BEDROOM IS APPROXIMATELY 30 FEET FROM WHAT IS, WHERE THE WORK IS GOING ON. IT COVERS MY ENTIRE PROPERTY AND THEN GOES INTO ABOUT A HALF OF THE LAWRENCE' PROPERTY. BUT MY QUESTION IS THIS: BACK IN JULY OF 2020, I WAS ASKED TO SIGN A WAIVER OR A SHEET OF A PAPER WHEN GARVEY HAD ASKED THIS COMMISSION, ME AND THE NEIGHBORS ZOOMED IN ON IT TO HAVE THE SETBACK GO FROM 10 TO 20 FEET TO ALLEVIATE SOME OF THE HARDSHIP FOR WHAT IS MYSELF AND THE LAWRENCE FAMILY RIGHT NOW. AND I GLADLY DID IT. BUT HOW DID THAT CHANGE ALL OF A SUDDEN? HOW DID THAT 20 FOOT VARIANCE GO TO 12 FOOT? THAT'S THE PART I DON'T UNDERSTAND. NO NOTIFICATION OF THAT THE FIRST TIME AROUND. SURE D. PUT MY SIGNATURE TO T. SECOND TIME AROUND, IT WAS JUST DONE DEAL.

THAT'S REALLY WHAT I LIKE TO KNOW WHERE THIS CAME FROM. AS FAR AS THE EXPENSES, THESE PEOPLE HAVE PAID, HEY, I'M SORRY. IF YOU CHANGED THE RULES OR HAD SOMEBODY CHANGE THE RULES THAT IS TOUGH AND FROM WHAT I UNDERSTAND UNTIL YOU REALLY GOT GOING YOU WERE

ONLY $50,000 INTO IT. >> THANK YOU,SIR.

>> NOT MUCH. >> THANK YOU FOR YOUR

COMMENTS. >> YOU BET.

>> ANYBODY ELSE LIKE TO MAKE PUBLIC COMMENT OBJECT AGENDA ITEM NUMBER 2. SEEING NONE WE'RE GOING TO CLOSE PUBLIC COMMENT ON AGENDA ITEM NUMBER 2.

>> IS IT BACK TO THE BOARD OR IS THERE --

>> THERE IS A REBUTTAL PERIOD, MR. MCQUAY FIRST THEN MR. BURNETT 3 MINUTES EACH.

>> OKAY. HELLO AGAIN. I'M SORRY THIS IS A LITTLE CONTENTIOUS, IT'S PERSONAL FOR DOUG'S CLIENTS AND MY CLIENTS. SO I THINK THE MAIN POINT I WANT TO GET ADDRESS, WE DID NOT NOR DID THE LAWRENCES HAVE A PLAN TO DELAY FOR SOME REASON TO INCONVENIENCE THE ZURLINDENS. THAT WAS NOT A STRATEGY OF OURS. WE DO OUR HOMEWORK. WE DID A LOT OF WORK. THERE WAS A LOT THAT WENT INTO PREPARING A PROPER APPEAL TO PUT BEFORE YOU ALL THAT WASN'T GOING TO WASTE EVERYBODY'S TIME.

AND THAT BEING SAID WE'RE NOT TRYING TO BE UNREASONABLE. WE'RE ASKING THAT THIS BOARD CONSISTENTLY APPLIES THE LAWS THAT CONTROL THE STATE OF

[01:50:02]

THAT'S NOT HARDSHIP UNDER THE DEFINITION OF HARDSHIP IN ORDER TO GRANT A VARIANCE.

ALL OF THE BUILDING THAT YOU HAVE SEEN DONE, ALL OF THAT WAS CAUSED BY PROPERLY AND ARCHITECT WHO DIDN'T REAL AGAIN PAGE 2 OF THE VARIANCE WHICH WAS NOT VERY COMPLICATED. AND WHEN YOU LOOK AT THE SITE PLAN THE WHOLE PURPOSE WAS TO MOVE THE PROPERTY AWAY FROM THE NORTHERN PROPERTY BOUNDARIES.

SO I THINK SOME SORT OF COMPROMISE CAN BE MADE. I WOULD URGE THIS BOARD TO CONSIDER WHAT CAN BE DONE AS A POSSIBLE COMPROMISE MAYBE. MAYBE MOVING THE POOLHOUSE WHICH IS IMPOSING ON THE NEIGHBORS. SOMETHING ALONG THOSE LINES. BUT WE'RE NOT ASKING THE ZURLINDENS' NECESSARILY TO HAVE THEIR HOUSE TORN DOWN ALTHOUGH THAT COULD BE ONE OF THE RAMIFICATION WHICH IS IS ONE OF THE REASONS THE STOP ORDER WORK ORDER WAS PUT IN PLACE SO FURTHER HARM WAS NOT DONE THEY DID NOT DO TO THEMSELVES SELF-CREATED FINANCIAL HARDSHIP. AND FOR THE RECORD WE DID ASK FOR A STAP WORK ORDER -- STOP WORK ORDER AND THAT WAS DENIED BECAUSE UNDER THESE CIRCUMSTANCES YOU CAN'T GET ONE. SO THEY KNEW ABOUT THE APPEAL. THEY PROCEEDED TO CONTINUE TO BUILD AND INCURRED THEIR OWN FINANCIAL HARDSHIPS AND THEY'RE BUILDING AT A RAPID PACE. I UNDERSTAND THEY ARE ON A TIMELINE BUT ONE OF THE THINGS THAT I WANT TO SAY HERE OUT OF ANOTHER COURT CASE AND FAILING TO APPLY THE CORRECT LAW PLUS A MISCARRIAGE OF JUSTICE. THE LAW HERE IS ALSO MEANT NOT TO DEPRIVE THE NEIGHBORS AND OTHERS OF LIVING IN THE SURROUNDING AREAS, THANK

YOU. >> THANK YOU, SIR.

>> I ASK RYAN TO JOIN ME, RYAN, COULD YOU EXPLAIN TO THE COMMISSION AGAIN REINTRODUCE YOURSELF AND EXPLAIN TO THE ECONOMIES THESE ITEMS BY WENT OVER.

>> SURE, I'M RYAN PAOLO, OWNER OF COASTAL OAKS CONSTRUCTION, IN REGARDS TO THE SITE PLAN AND THE SUBMITTAL PROCESS WITH THE COUNTY,I TAKE THE SITE PLAN DEVELOPED BY THE ARCHITECT. THE ARCHITECT WORKS WITH AND IN THIS CASE WORKED WITH THE COUNTY TO UNDERSTAND THE VARIANCE. IT WAS HIGH LIGHTED EARLIER FROM THE OTHER OPPOSING SIDE THAT THE VARIANCE WAS LISTED ON THE COVER PAGE OF THE SITE PLAN. AND SO WHAT WE DO KNOW IS THAT THE ARCH -- ARCHITECT SPOKE WITH THE COUNTY MULTIPLE TIMES ABOUT MAKING SURE HE GOT IT RIGHT SO THAT WAS WHAT WAS SUBMITTED. WHEN YOU SUBMIT A CLEARANCE SHEET IT GETS REVIEWED BY A NUMBER OF DITCH DIVISIONS WITHIN THE BUILDING DEPARTMENT BUT THAT IS LOOSELY THEY'RE PART OF AND IN THE SAME BUILDING.

THEY REVIEW IT FOR ACCURACY, RARELY DO YOU GET A SITE PLAN THAT GOES THROUGH ON THE FIRST PASS.

THERE IS ALWAYS COMMENTS N. THIS CASE THERE WERE COMMENTS SO THOSE COMMENTS WERE GIVEN TO ME.

I GAVE THEM BACK TO THE ARCHITECT.

THE ARCHITECT UPDATED THE SITE PLAN AND WE GOT APPROVED THE NEXT TIME. THE IMPORTANT THING THERE WAS NEVER ANYTHING MENTIONED ABOUT THE SETBACKS ON THE PASS. RIGHT. SO THE FIRST TIME, NOTHING.

THE SECOND TIME IT WAS APPROVED.

I THINK IT'S IMPORTANT TO NOTE THAT. THANK YOU.

>> COMMISSIONERS, THERE IS NO EVIDENCE OF WRONG DOING BY MY CLIENTS. YOU ARE ASKED TO APPEAL SOMETHING.

WHEN YOU LOOK AT THE APPEAL IT SAYS MISREPRESENTATION, MISREPRESENTATION. ONE OF THE CLAIMS IS MY CLIENTS MISREPRESENTED TO THE PLANNING AND ZONING, TO THE PONTE VEDRA ZONING AND ADJUST BOARD THAT THE BUILDING CODE TRUMPS THE LAND DEVELOPMENT RELATIONS.

I -- REGULATIONS. I DON'T THINK THAT ANYBODY BELIEVES THAT THE PONTE VEDRA BOARD WAS DUPED IN THEIR DECISION ON SOMETHING LIKE THAT. IT SAYS MISREPRESENTATION OVER AND OVER AGAIN IN THEIR APPEAL.

NO EVIDENCE OF THAT. THERE'S ZERO EVIDENCE THAT MY CLIENTS ACTED WRONGLY, FOLLOWED SOMETHING THEY WERE TRYING TO ANGLE TO WORK SOMETHING P, PULL SOMETHING OFF. ANYTHING LIKE THAT. THERE IS ZERO EVIDENCE OF THAT. ONE THING THAT IS INTERESTING IS BY THE WAY A FOOTNOTE. THERE IS A POTENTIAL THAT A 6 FOOT TALL WALL WOULD BE BUILD ON THE NORTH PROPERTY. THEY'RE

[01:55:01]

IS A 1985 CASE AND SPECIFICALLY DEALS EQUITABLE ESTOPPEL. IF I LIKE AT THE CASE I DON'T THINK THERE IS ONE THAT SAYS THE HOUSE WAS UNDER CONSTRUCTION.

>> THANK YOU, MR. BURNETT. THANK YOU.

>> ONE QUICK THING TO -- >>MENTS MISS BURNETT WE HAVE TO HOLD BOTH PARTIES TO THE SAME RULES AS YOU KNOW.

>> THANK YOU. >> EVERYBODY GETS 3 MINUTES.

>> THANK YOU, THANK YOU FOR THE REBUTTAL.

P. >> OKAY. CHRISTINE BARKS TO

THE BOARD. >> BACK TO THE BOARD FOR QUESTION, DISCUSSION, MOTIONS.

>> GOT YOU. TO THE BOARD. COMMISSIONER ARNOLD, DO

YOU HAVE A -- >> YES, I WOULD LIKE CLARIFICATION, THE LAWRENCES OR PERHAPS THEIR COUNSEL REFERENCED THEY WERE IN THE ALLOWED OR THEY WERE DISCOURAGED PERHAPS TO MEET WITH EACH OF US ON THE COMMISSION. I HAVE A REAL PROBLEM WITH THAT. I WOULD LIKE TO GET CLARIFICATION WHERE THAT MISCOMMUNICATION TOOK PLACE. I DON'T KNOW IF WE NEED TO HEAR FROM STAFF OR -- THANK YOU.

>> >> GOOD MORNING, JACOB SMITH WITH GROAT MANAGEMENT. -- GROWTH MANAGEMENT. I'VE NEVER TOLD ANYBODY THEY CANNOT MEETING WITH COMMISSIONERS. SO I DO NOT KNOW HOW TO FURTHER ANSWER

THAT FOR YOU. >> THANK YOU.

>> DO YOU HAVE ANY RECORD OF THAT CONVERSATION? E-MAIL

OR -- >> IT WAS STATED IN THE ADJACENT PROPERTY OWNER NOTICE WE WOULD HAVE NO CONTACT WITH THE BOARD OF COMMISSIONERS CONCERNING THE APPEAL REQUEST. SO WE DIDN'T REACH OUT OTHERWISE

WE WOULD HAVE. >> OKAY. I WOULD LIKE TO PERHAPS GET SOME EVIDENCE OF THAT FROM OUR STAFF. I FIND THAT TROUBLING ESPECIALLY BECAUSE I KNOW AT LEAST 4 OF US I BELIEVE MET WITH, WITH THE ZURLINDENS.

>> SIR, DID YOU -- LET'S GET EVERYTHING ON THE TABLE HERE, IF YOU WOULD LIKE TO MAKE A STATEMENT I WANT TO GET ALL THE FACTS. I APOLOGIZE ABOUT THE 10 30/TIME CERTAIN BUT THIS ISSUE IS TOO LARGE, TOO BIG AND TOO IMPORTANT TO TAKE AN HOUR INTERMISSION AND TRY TO RETHINK THE PROCESS SO WE'RE GOING TO FINISH THIS UP AND GET TO THE 10:30 BUT THAT'S WHY.

>> YES, SIR, I'M SORRY FOR DELAYING THIS, THIS IS A REALLY BIG DEAL TO US, WE HAVE A FINANCIAL HARD SHIP TOO IF THIS IS TAKEN INTO ACCOUNT. WE WERE TOLD NOT ONLY IN WRITING ON THE ACTUAL APPEAL PAPERWORK BUT THE ATTORNEYS, OUR ATTORNEYS WERE WOMEN AWARE OF THE FACT AS WELL AND I'M SURE THEIR ATTORNEY OBVIOUSLY MEETING WITH YOU TIME IN THESE FORUMS NEW ABOUT IT AS WELL. I WOULD BE HAPPY TO BE UNDER OAT AT THIS POINT BECAUSE I DID NOTICE AT THE PREVIOUS MEETING AND THIS MEETING RYAN, MARK, LAURA AND THEIR ATTORNEY NOBODY WAS UNDER OATH.

THIS IS ALL HEARSAY. I ACTUALLY HAVE THE TEXT MESSAGES THAT AND VOICE MALES AND I HAVE A RECORDED CONVERSATION BETWEEN ME AND JACOB SMITH ON FRIDAY WHERE JACOB SMITH SAID THAT THE COUNTY WAS WELL AWARE OF THEIR INCREASED BUILDING PACE TO, YOU KNOW, TO COME AND DO EXACTLY WHAT THEY'RE DOING.

YOU GUYS ARE BEING CONNED INTO BELIEVING AND BEING, FEELING SORRY FOR A GUY BUILDING A $3 MILLION HOUSE.

>> THAT'S WHAT IS GOING ON, I HAVE THE EVIDENCE.

>> I WANTED YOU TO GET ON THE RECORD.

>> YES, SIR. >> THIS IS AN ISSUE SO DOUG, I'M GOING TO GIVE YOU ONE MINUTE TO ANY SAYING POSSIBLE IN RESPONSE TO THIS BECAUSE I WANT, I WANT THIS TO BE AN OPEN DISCUSSION SO WE'RE NOT CONFUSED.

ALTHOUGH THAT DOESN'T ASSURE MY NON-CONFUSION BUT GO

AHEAD. >> THANK YOU, MR. CHAIRMAN.

VERY BRIEFLY I'LL SAY THIS: ONE, I WASN'T AT THE PLANNING AND ZONING BOARD P. I.V.'S HEARING BUT I DID NOTICE THAT BARON BARTLET WAS HERE. THEY'RE HERE AGAIN TODAY. THEY HAVE TO BE ONE OF THE MOST EXPERIENCED LAND USE ATTORNEYS REAL ESTATE ATTORNEYS IN THE COUNTY HAVING DONE MANY PROJECTS REPRESENTED MANY CLIENTS IN THIS COUNTY. HE WOULD KNOW YOU COULD MEET WITH THE BOARD OF COUNTY COMMISSIONERS. I ASSUME THAT THE LAWYER HERE REPRESENTING THE LAWRENCES FROM BEAR AND BARTLET'S LAW

[02:00:01]

>> OKAY. THANK YOU. >> I DO AS WELL, THAT'S EXACTLY WHY I'M LOOKING FOR THE FACTS. THANK YOU.

>> WE HAVE ONE MORE SPEAKER. Y'ALL WANT TO HEAR FROM

MR. MCQUAY. >> 1 MINUTE.

>> HERE IS THE NOTICE. >> PLEASE USE THE MICROPHONE

FOR THE FOLKS LISTENING IN. >> ALL RIGHT. SO THIS IS THE ACTUAL NOTICE. AND IF YOU ZOOM IN ON PAGE 2, COMMUNICATION BETWEEN INTERESTED PARTIES AND THE BORT OF COUNTY DISCOURAGED. WE'RE NOT MAKING IT UP. THE LAST THING THAT I WANT TO SAY IN REGARDS TO THE MISREPRESENTATION REALLY QUICK AN ERROR, A MISTAKE, AN HONEST MISTAKE IS CONSIDERED A MATERIAL MISREPRESENTATION. WE'RE NOT CLAIMING THAT THIS WAS AN INTENTIONAL WRONG DOING BUT A BASIC SIMPLE MISTAKE IS A MATERIAL MISREPRESENTATION UNDER OUR

LAWS. THANK YOU. >> OKAY. NOW WE'RE COMING BACK TO THE BOARD. COMMISSIONER BLOCKER.

>> MR. MCQUAY, MR. LAWRENCE, I WANT YOU TO COME BACK UP HERE AS WELL. MR. LAWRENCE WHEN YOU SPOKE EARLIER YOU, DID YOU SAY,I WROTE DOWN DID YOU SAY TERESA WISH OP TOLD YOU YOU WERE NOT ALLOWED TO MEET

WITH US? >> TREESO BISHOP DISMISSED ON MULTIPLE OCCASIONS WHEN WE WERE SAYING OUT OF HAND.

WHEN SPEAKING WITH HER BOTH MYSELF AND HOLLY SHE SAID WE NEED TO GET THEM A VARIANCE. AFTER THEY HAD ALREADY LAID THE PLAN. WE CALLED PLANNING AND ZONING FOR WHICH JACOB SMITH WORKS FOR MULTIPLE TIMES.

WE E-MAILED YOU MULTIPLE TIMES, WE'RE DESPERATE TO GET ANYONE ON THE PHONE AND DICK DESOUZA THE COUNTY ENGINEER WAS THE ONLY ONE THAT KEPT GETTING BACK TO US, I WAS ABLE TO GET A HOLD OF JACOB SMITH LAST FRIT AND HAVE THE ENTIRE RECORDING ON MY PHONE.

I DID NOT RECORD TERESA BISHOP SAYING THAT BECAUSE I THOUGHT AFTER 20 YEARS OF SERVICE I COULD TRUST MY GOVERNMENT. I DIDN'T DO THAT TILL THE

VERY LAST CONVERSATION. >> MR. LAWRENCE, DID YOU SAY TREESO BISHOP TOLD YOU YOU COULD NOT MEET WITH US.

>> WROTE HERE AND JACOB SMITHS.

>> YOU HEARD MR. SMITH SAY THAT WAS NOT THE CASE.

>> I, I DIDN'T HEAR THAT UNDER OATH. I WOULD BE GLAD

TO BE PUT FUND. >> FIRST OF ALL, FARCE I DID NOT MEETING WITH OWE FOESING COUNSEL, I HAD A PHONE CALL WHERE HE ASKED ME IF I HAD QUESTIONS, YOU STATED THAT I

MET WITH THEM. >> DID ANYBODY ELSE MEET IN

PERSON WITH THEM OR WERE -- >> MR. MIDDLESEX QUAY DID YOU ADVICE YOUR CLIENTS THEY WERE NOT ALLOWED TO REACH

OUT TO US? >> NO.

>> OKAY. >> WE SIMPLY FOLLOWED THE APPEAL WHICH SAID IF WE'RE GOING TO COMMUNICATE IT IT

HAD TO BE IN WRITING. >> DID YOU REACH OUT TO COUNT I ATTORNEY'S OFFICE AND ASK THEM THEY WERE NOT ALLOWED TO MEET WITH COUNTY COMMISSIONERS?

>> NO. >> HOW MUCH ISSUES HAVE YOU HAD IN FRONT OF THE COUNTY COMMISSION IN FRONT OF

SOAKS. >> RIGHT NOW THIS APPEAL.

>> OKAY. MR. BURNETT, SPEAK TO YOU, YOU CAN SIT DOWN,

MR. LAWRENCE. OKAY. >> YES, SIR.

>> MR. BURNETT, MR. MCQUAY, YOU ARE BOTH FLORIDA BAR LICENSED ATTORNEYS HERE.

CAN YOU TWO GET TOGETHER AND GET THIS FIGURED OUT? CLEARLY WE HAVE TWO VERY PASSIONATE PARTIES HERE.

THIS IS TAKING UP TIME IN FRONT OF THE BOARD.

I WOULD ASK YOU TO TAKE A MOMENT OF THE CHAIRMAN WILL ALLOW IT AND SEE IF YOU CAN FIGURE THIS OUT.

CAN Y'ALL DO THAT? >> CAN WE USE THE CONFERENCE

ROOM? IS. >> ABSOLUTELY.

>> MR. CHAIRMAN? >> YES, SIR. SO -- WHAT IS

-- >> MR. CHAIRMAN I THINK THESE TWO ATTORNEYS NEED TO SIT DOWN AND TALK ABOUT THIS. WE HAVE OTHER AGENDA ITEMS TO TALK ABOUT. BOTH OF Y'ALL NEED TO GET WITH YOUR CLIENTS TO TRY TO ANYTHING THIS OUT. CLEARLY THERE IS SOME

COMPROMISES HERE. >> WE HAVE AT LEAST A COUPLE OF HOURS OF WORK TO DO HERE SO IF Y'ALL ARE WILLING TO DO THAT, I HOPE YOU ARE, THEN WE'LL CONTINUE ON WITH OUR AGENDA ITEMS AND HEAR BACK FROM BOTH OF YOU WHEN YOU HAVE SOMETHING REGARDLESS OF WHAT IT IS WE NEED TO HEAR BACK FROM YOU, I'M MAKING THAT REQUEST THAT WE HEAR BACK FROM YOU, IS THAT GOOD?

>> YES. >> YES.

>> I ALSO HAVE AGENDA ITEM 5 BUT THAT GIVES ME A COUPLE

[1. Report and Recommendation of Amphitheatre & Concert Hall Advisory Committee]

[02:05:02]

IN BETWEEN. >> WE'LL SKIP 5 IF -- OKAY WE'RE GOING TO LET THE, HOPEFULLY THE ATTORNEYS CAN GET SOMETHING DONE HERE. ON THAT NOTE WE'RE GOING TO NOW MOVE TO THE TIME CERTAIN ITEM OF 10:30.

I KNOW THAT ALL OF YOU HERE FOR THIS ITEM HAVE BEEN VERY PATIENT. I APPRECIATE T. WE'RE GOING TO -- WE'RE EXCITED TO HEAR FROM OUR ADVISORY BOARD WE APPOINTED I BELIEVE LAST MAY AND I KNOW THERE HAS BEEN MANY, MANY MEETINGS AND MANY DISCUSSIONS. HARD WORK. SO WITH THAT, WITH THAT JERRY WILSON, THE FLOOR IS YOURS.

>> THANK YOU, SO MUCH AND GOOD MORNING CHAIR DEAN.

VICE CHAIR WHITEHURST, COMMISSIONER ARNOLD, COMMISSIONER BLOCKER AND COMMISSIONER WALDRON WE'RE ALL WITH YOU, I'M JERRY WILSON THE CHAIR OF THE ARCHIE THEATER AND CONCERT HALL ADVISORY COMMITTEE.

IT'S A PRIVILEGE TO BE HERE WITH YOU TODAY. OUR COMMITTEE IS HONORED TO BE CHOSEN TO MERGE THE VIEWS OF MANY INTO A COHESIVE RECOMMENDATION.

I WANT TO THANK EACH ADVISOR FOR THEIR HIGH-QUALITY ENGAGEMENT, DISCOVERY, IDEAS, COLLABORATION, AND THIS ALL DURING TWO OR 11 TWO HOUR COMMITTEE MEETINGS SINCE JUNE 20. P IT IS A JOY TO WORK WITH SUCH AN ACCOMPLISHED AND RESPECTED GROUP OF COMMUNITY LEADERS.

THE COMMITTEES' NARROW SCOPE AND LIMITED AUTHORITY PROVIDE GREAT AUTHORITY AS OUGHT ON ME TO ASSESS THE OPERATIONS OF THE CULTURAL EVENTS DIVISION WITH A CLEAN SLATE AND NO PRECONSERVED NOTIONS.

WITH OUR BEST CURRENT THINKING WE'RE HERE AS ADVISORS, AS BACKDROP THE CULTURAL EVENT DIVISION IS AN OPERATING UNIT OF 9 ST. JOHNS COUNTY LEAD BY GABRIEL PELICER AND A TEAM OF TALENTED PEOPLE.

THEY MANAGE ALL OPERATIONS OF THE PONTE VEDRA

COULDN'TERS SERT. >> THE SPECIAL COMMUNITY EVENTS LIKE SING OUTLOUD AND THE FORT JAZZ AND BLUES SERIES. THEIR STEADFAST COMMITMENT TOCK THE BEST IN SUCH A COMPETITIVE INDUSTRY IS TRULY INSPARATIONAL. NOW IN THE CONTEXT OF A 1.4 BILLION DOLLAR COUNTY BUDGET, THIS IS A TINY DIVISION.

YET THE CULTURAL EVENTS DIVISION EXPERIMENT SUBSTANTIATES THE EXPERIENCE OF COUNTY TO INCUE BAIT A GREAT Y. TODAY CULTURAL EVENTS IN ST. JOHNS HAS BECOME AN IMPORTANTIST DISTENNATION BUSINESS THAT ENHAPPENSES THE LIVES OF RESIDENTS DELIVERS SIGNIFICANT ECONOMIC IMPACT AND BUILD OUR COMMUNITY REPUTATION. HOWEVER THIS OPERATION HAS MATURED TO SUCH A LEVEL THAT IT STRESSES GOVERNMENTAL SERVICES. SO WHAT DO WE DO? TODAY WE WILL SHARE OUR FINDINGS AND SUGGEST A TRANSFORMATIONAL MOD THAT WILL COULD ALLOW THIS TEAM OF PROFESSIONALS TO BECOME THE BEST.

WHILE INSURING THE COUNTY BENEFITS FROM THE DIRECT ECONOMIC IMPACT, EXPENSE REDUCE AND GREATER EEFFICIENCY, WE HOPE THIS REPORT IS HELPFUL TO THE BOARD IN YOUR OWN DECISION MAKING PROCESS, WE'LL COVER 6 DISCUSSION POINTS CRUING OUR PROCESS, THE BARRIERS TOCK THE BEST, QUESTIONS THAT WE ASK AND PERCEPTIONS THAT WE HAVE UNDERSTOOD, DIFFERENT TYPE OF PARTNERSHIP AND SHARE OUR CONCLUSIONS IN A RECOMMENDATION, AS A REMINDER THIS COMMITTEE WAS CREATED ON MAY THE 17, 2022. BY THIS BOARD OF COUNTY COMMISSIONERS. OUR COMMITTEE PURPOSE IS TO PROVIDE NEWED IN, SUGGEST CHANGES, EXPLORE ALTERNATIVE ORGANIZATIONAL OPTIONS AND AALSO ACHIEVING MAXIMUM ECONOMIC ADVANTAGES TO ST. JOHNS COUNTY. OUR CORE GUIDING PRINCIPLE THROUGHOUT THE PROCESS HAS NEVER WAIVERRED. THE ST. JOHNS CULTURAL EVENTS EXPERIENCE IS SPECIAL BECAUSE IT IS AND WILL REMAIN COMMUNITY OWNED, COMMUNITY OPERATE AND COMMUNITY LED. FOR MANY YEARS THIS HAS MEANT ST. JOHNS COUNTY OWNS OR LEASES THE LAND AND FACILITIES AND MANAGES THE CULTURAL EVENTS BUSINESS. SIMPLY PUT WE ARE BEING ASKED TO REVIEW THE EFFECTIVENESS AND EFFICIENCY OF THIS MODEL. OUR BROAD AND INCLUSIVE PROCESS ALLOWS THE COMMITTEE TO GAIN MANY PERSPECTIVES, GATHER INFORMATION, REVIEW DATA AND HAVE TWO-WAY DIALOGUE WITH THOSE CLOSEST TO 9 SITUATION. THE COMMITTEE GREATLY APPRECIATES PARTICIPATION FROM EACH COUNTY COMMISSIONER DURING OUR MEETINGS AND I ALSO WANT TO

[02:10:02]

THIS HAS INCLUDED 46 PAR FIRST PANTS, 11 COMMITTEE MEETINGS AND 2 STAFF WORK SESSIONS SINCE JUNE 21ST.

SECONDLY WE DISCUSS WITH DIALOGUE FOR GREATER CONTEXT WITH OVER 500 CUMULATIVE HOURS THEN WE IDENTIFY OPPORTUNITIES THROUGH COLLABORATIVE INPUT AND WORK SESSIONS WITH STAFF THEN WE SELECT AND CHOOSE THE OPTIMUM PATH TO BEING THE BEST THEN RECOMMEND AND ARTICULATE A RECOMMENDS TO THE BOARD OF COUNTY COMMISSIONERS TO HELP YOU AND YOUR COLLECTIVE THINKING AND DECISION MAKING. WE HAVE MUTUAL AGREEMENT ON OUR RECOMMENDS -- RECOMMENDITION. COMMITTEE MEMBERS WILL SHARE THE REPORT, BEGINNING WITH MR. KASS WHO WILL DESCRIBE THE BARRIES TOCK THE BEST.

MR. KASS. >> GOOD MORNING, COMMISSIONERS. OUR GOAL IS TO BE THE BEST. OUR IN DEPTH ANALYSIS ILLUMINATES OBSTACLES BEING OUTSTANDING, WE NEED TO BE HIGHLY EFFECTIVE IN THIS EXITTIVE ENVIRONMENT. WE MUST DRIVE TOP LIFE REVENUE ENHANCE AND RETAIN TOP TALENT. THE BUSINESSES IN THE ENTERTAINMENT INDUSTRY ARE FLEXIBLE AND INVOLVE CONSTANTLY TO MARKET FORCES. OUR CURRENT STRUCTURE LIMITS OUR TEAM'S ABILITY TO ACHIEVE ULTIMATE SUCCESS.

WE NEED AN UNENCUMBERED AGILE ORGANIZATION WITH THE CAPACITY TO MAKE DECISIONS POST-HASTE. GOVERNMENT HAS SOME INHERENT ADVANTAGES. UNFORTUNATELY, THESE STRENGTHS ARE WEAKNESSES IN THE ENTERTAINMENT INDUSTRY.

AN ORGANIZATION WITH LATITUDE TO INCREASE EFFICIENCY IS NEEDED. THE CHALLENGES SPREAD ACROSS NUMEROUS AREAS INSIDE ST. JOHNS COUNTY INCLUDING FINANCE, HUMAN RESOURCES, PROCUREMENT, BUDGETING, CAPITAL MAINTENANCE, INFORMATION SYSTEMS, AND LEGAL COUNSEL. THESE INFECTIOUSIES IMPACT FINANCIAL PERFORMANCES THROUGHOUT THE COUNTY'S OPERATION. CREATING NUMEROUS STRESS POINTS FOR THE ST. JOHNS COUNTY GOVERNMENT TEAM.

I LIKE NOW TO TURN IT OVER TO DYLAN RUMRELL.

>> THANK YOU. VICE CHAIR CONCERT HALL ADVISORY COMMISSION, THANK YOU, COMMISSIONERS, ADMINISTRATORS AND STAFF WHO PARTICIPATED IN THIS. NEXT SLIDE PLEASE. THE QUESTION IS, CAN YOU GO BACK? IN WHAT IS THE REAL PURPOSE OR ROLE OF THE CULTURAL EVENTS? THE CULTURAL EVENTS IS A DESTINATION BUSINESS THAT ATTRACTS HUNDREDS OF THOUSANDS OF TOURISTS ANNUALLY WHILE ADDING QUALITY OF LIFE FOR RESIDENTS AND VISITORS THROUGH DIVERSITY OF PERFORMANCES, JOBS AND ENTERTAINMENT. NEXT SLIDE.

HERE YOU WILL SEE SOME NUMBERS.

IF YOU LOOK AT THE TICKET SALES, $ -- 291,000 TICKET SOLD WHICH GIVE THE CULTURAL EVENTS DIVISION THE RECOGNITION OF NUMBER ONE IN COUNTRY AND NUMBER TWO IN THE WORLD. IF YOU TAKE THE OVERNIGHTERS AT $177 A NIGHT, THAT EQUALS ALMOST $18 MILLION. IF YOU LOOK AT THE VISITOR ANCILLARY SPENDING THAT IS $11+ MILLION DOLLAR. RESIDENT ANCILLARY SPENDING IS $9.5 MILLION. THE T.D.T.BED TAX REVENUE IS $890,000. THAT'S ROUGHLY A $40 MILLION ECONOMIC IMPACT TO ST. JOHNS COUNTY. NEXT SLIDE. I'M GOING TO PASS IT OVER TOE MR. BODIESARD FOR THE NEXT

INFORMATION. >> GOOD MORNING, COMMISSIONERS, I'M BEE BOSSARD OWNER OF BOSSARD FOR THE AND LINGON. SECOND FOUNDATIONAL QUESTION THAT NEEDS TO BE ASKED IN ORDER TO MAP THE FUTURE OF THE DIVISION IS CULTURAL EVENTS A SUCCESSFUL AND PROFITABLE OPERATION? IN NEXT SLIDE. WE CAN ALL FEEL THE SUCCESS

[02:15:03]

NEXT SLIDE. WHEN YOU ASK IF THE DIVISION IS PROFITABLE THAT DEPENDS ON WHO YOU ASK. BEFORE US ON THE SCREEN IS A SUMMARY INCOME STATEMENT FOR THE CULTURAL EVENTS DIVISION FOR FIRST YAL YEAR 1206-120 BEFORE THE TWO SCENARIOS ARE A GOVERNMENT MODEL AND HOW THE NUMBERS MAKE SHAKE OUT IF THEY WERE OPERATED LIKE A PRIVATE BUSINESS.

IN BOTH SCENARIOS THE NOMINAL INTEREST OF INTEREST INCOME IS NET OF EVENT AND OPERATING EXPENSE AND PAYROLL. THE MATERIAL DIFFERENCES IS TREATMENT OF THE FACILITY FEE. IT IS A STANDARD PRACTICE OF VENUES IN THE ENTERTAINMENT INDUSTRY THAT A MAINTENANCE FEE BE INCLUDED IN THE OPERATIONAL REVENUE OF THE ENTERPRISE. IF THIS WERE BOSSARD FORD THIS WOULD BE SOMETHING AKIN TO MY DEALER FEE. EXTRA REVENUE THAT THE OPERATION CAN USE AS IT CHOOSES WHICH MIGHT TURN OUT TO BE FACILITY MAINTENANCE BUT WOULD NOT BE SOLELY EAR MARKED FOR THAT PURPOSE.

THE GOVERNMENT MODEL CHOOSES TO EAR MARK THIS TO THE OFFSTATEMENT OF THE OPERATIONAL BOOKS OF THE CULTURAL EVENTS DIVISION. IT CAN CLEARLY BE SEEN THIS 3.9 MILLION SWING TRANSFORMS THE CURRENT MODEL FROM A $2.1 MILLION LOSING PROPOSITION TO A $1.7 MILLION DOLLAR PROFIT CENTER OVER THE TOUGH PERIOD OF THE LAST 6 YEARS WHICH LET'S NOT FORGET INCLUDED THE DIFFICULTIES AND TRADE HARDSHIPS OF THE COVID-19 PANDEMIC. I YIELD MY TIME AND TURN IT OVER TO MR. BETHANY HILBERT.

>> THANK YOU, GOOD MORNING, COMMISSIONERS, BETHLEY HILBERT, TEACHER, ELEMENTARY SCHOOL, THE THIRD QUESTION THAT WE LOOKED AT WAS WHAT IS THE OPTIMAL ORGANIZATIONAL STRUCTURE. DURING OUR IMMEDIATE JULY MEETINGS THE COMMITTEE BRAINSTORMED OPTIONS FOR VARIOUS STRUCTURES AND IDENTIFYING THEMOST OPTIMAL STRUCTURE TO PROVIDE THE DIVISION WITH AGILITY AND SUSTAINABILITY MOVING FORWARD. OUTLINED ON THE SLIDE ARE THE ORGANIZATIONAL SCENARIOS THAT WERE CAREFULLY THOUGHT OUT AND DISCUSSED. THE COMMITTEE RECOGNIZED THAT SCENARIO A. THE CURRENT OPERATIONAL CONSPIRE WOULD MAINTAIN THE STATUS QUO HOWEVER STAYING THE COURSE WOULD NOT PROVIDE THE OPPORTUNITY FOR THE NIMBLENESS AND FLEXIBILITY IT NEEDS TO BE SUSTAINABLE TO RETAIN STAFF AND GUARANTEE FUTURE SUB CERTIFICATION RESEARCH WAS PRESENTED FOR OPTION B. THE ENTERPRISE FUND AND WHILE THIS STRUCTURE WORKS WELL FOR COUNTY DIVISIONS SUCH AS UTILITIES, IT WOULD STILL NOT PROVIDE THE AGILITY AND FLEXIBILITY NEEDED TO OVERCOME THE CURRENT ISSUES. THROUGH RESEARCH ATTORNEY TAYLOR WAS ABLE TO ELIMINATE SCENARIO C. A HYBRID WHERE EMPLOYEES AND CERTAIN OPERATIONS WOULD STAY WITHIN THE COUNTY BUT FUNDS COULD BE SUPPLEMENTED FROM A PRIVATE ENTITY. IT WAS DETERMINED THAT THIS SCENARIO WHILE CREATIVE WAS NOT LEGAL OPTION.

SCENARIO D. WHICH INVOLVES THE VENUE BEING COMPLETELY OUTSOURCED WAS CONSIDERED AT LENGTH HOWEVER THIS SCENARIO CAUSED WORRY ABOUT THE LOSS OF COMMUNITY CONTROL.

SCENARIO D. WAS UNAMIMOUSLY RULED OUT AFTER AGREES IT WAS NOT IN THE BEST INTEREST OF OUR COMMUNITY. IT BECAME APPARENT OUTSOURCING WOULD SHIFT THE OR FOCUS TO FOR PROFIT FUNCTIONS COMMUNITY EVENTS SUCH AS GRADUATIONS WOULD BE LOST. THROUGH THE PROCESS OUR COMMITTEE WITNESSED THE STRONG PARTNERSHIP BETWEEN THE AMP THEATER AND CONCERT HALL STAFF REPRESENTATIVES FROM COUNTY DIVISIONS THE T. D. C. AND THIS COMMISSION.

WE AGREE THE SCENARIO WOULD ULTIMATELY IMPACT THE PARTNERSHIP IN A NEGATIVE WAY.

AND BEFORE OUTSOURCING TO A NONLOCAL FOUR PROFIT CORPORATION, THE COMMITTEE WOULD RECOMMEND STAYING IN THE STATUS QUO. THE DEDICATION AND INVOLVEMENT OF ALL STAKEHOLDERS MADE IT APPARENT TO THE COMMITTEE THAT THE MOST OPTIMAL ORGANIZATIONAL STRUCTURE WOULD INVOLVE A PARTNERSHIP BETWEEN A 501 C. AND THE

[02:20:01]

I'M NOW GOING TO TURN BACK OVER TO MR. DYLAN RUMRELL.

>> THANK YOU, THE TRANSFORMATIONAL MODEL GOVERNMENT IS REALLY GOOD AT CORE FUNCTIONS.

THINK ROADS, UTILITIES, PARKS, LIBRARIES.

THE PRIVATE SECTOR IS GOOD AT NONGOVERNMENT FUNCTIONS BUT THE TWO OF THEM TOGETHR CAN MAKE A REALLY STRONG PARTNERSHIP. NEXT SLIDE. ELEVATE THE CULTURAL EVENTS TO SHARED RESPONSIBILITY BETWEEN ST. JOHNS COUNTY AND LOCAL NOT FOR PROFITS. SO IF YOU LOOK AT THE FIRST CIRCLE WHERE IT SAYS ST. JOHNS COUNTY, THINGS DON'T CHANGE MUCH. THE LAND IS STILL LEASED.

OWNERSHIP IS STILL WITH THE COUNTY. CAPITAL MAINTENANCE, IMPROVED EFFICIENCIES, YOU ADD THAT TO A NOT FOR PROFIT THEN YOU START GETTING INTO THE OPERATIONING COMPANY. THE P. N. L. RESPONSIBILITY.

OPERATIONAL MAINTENANCE, INCREASED EFFECTIVENETS, ADDITIONAL GRANTS WHICH THEY CAN IN THE APPLIER FOR BEING A GOVERNMENT ENTITY THAT. WILL REEQUAL A STRONGER CULTURAL EVENTS DIVISION WHICH ALIGN GOALS, NONPAID EXECUTIVE BOARD AND A GREATER ECONOMIC IMPACT TO ST. JOHNS COUNTY. NEXT SLIDE. BENEFITS OF THE TRANSFORMATIONAL BY DOING A PUBLIC PRIVATE PARTNERSHIP THE STRENGTHS OF THE PUBLIC SECT ACCORD AND THE PRIVATE SECTOR TO BRING STRONG EDGE PACT TO COUNTY. POTENTIAL FOR GREATER ECONOMIC IMPACT ADDITIONAL LIABILITY COVERAGE. AS MUCH AS 570,000 DOLLARS IN SHARED SERVICES FURTHER SAVINGS TO BE IDENTIFIED.

REMOVE THE BURDEN ACROSS FROM THE DEPARTMENTS INCLUDING THE CLERK OF COURTS.

I WOULD LIKE TO SAY SOMETHING ABOUT THE CLERK OF COURTS. THEY DO ROUGHLY 19,000 TRANSACTIONS FOR THE CULTURAL EVENTS DIVISION.

ALL UTILITIES AT 24,000 ARE HIGHER. SO YOUR AMP THEATER AND CONCERT HALL ARE SECT IN THE COUNTY FOR TRANSACTIONS.

IF YOU LOOK AT THE NOT FOR PROFIT BENEFIT THE AGILITY TO MAKE DECISIONS QUICKLY, TALENT RETENTION AND DEVELOPMENT IT, NEW REVENUE OPPORTUNITIES, ABILITY TO PURSUE GRANTS, GREATER EFFICIENCY TO DRIVE COSTS DOWN AND NOT FOR PROFIT TAKES OVER THE CHECKS AND BAMS. REMEMBER, -- BALANCES, COMMUNITY OWNED, COMMUNITY OPERATED COMMUNITY LED.

NEXT SLIDE. NEXT SLIDE. HERE IS A GREAT EXAMPLE OF A VERY STRONG PUBLIC PRIVATE PARTNERSHIP THAT HAS BEEN AROUND IN THE CULTURAL EVENTS FOR 40 YEARS. RUTH ECKERT HALL INCORPORATED WHICH MANAGES RUTH ECKERT HALL HAS BEEN OPERATING UNDER A COMBINATION OF CITY GOVERNMENT AND A NOT FOR PROFIT FOR 40 YEARS.

IN MAY OF 2020 CITING PROVEN TRACK RECORD OF RUNNING MULTIFELD VENUES WITH A COMMUNITY FOCUS THE CITY OF CLEARWATER GRANTED RUTH ECKERT HALL INCORPORATED THE MANAGEMENT CONTRACT FOR THE FOURTH COMING COACHMAN PARK ARCHIE THEATER SO HERE IS A PROVEN TRACK RECORD FOR OVER 40 YEARS. I WOULD LIKE IT GIVE IT BACK TO CHAIR WILSON TO CLOSE ON THE RECOMMENDS OF THE ARCH THEATER ADVISORY BOARD. THANK YOU.

>> THANK YOU, MR. RUMRELL. OUR COMMITTEE HAS WORKED DILIGENTLY TO DELIVER AFTER THESE -- ON THESE 5 KEY EXCEPTIONS. WE ARE UNANIMOUS IN OUR SUPPORT: AFTER TWO MONTHS OF EXAMINATION AND COLLABORATION THE COMMITTEE BELIEVES WE'RE ULTIMATELY LEFT WITH TWO CHOICES. FIRST HOPE THINGS WILL GET BETTER IN THE CREPT STATE OR TWO CHANGE THINGS TO CREATE A BETTER FUTURE STATE. HOPE, THE COMPLETE DEVOTED CONSIDERABLE TIME AND THOUGHT IN RESEARCHING HOW CULTURAL EVENTS COULD REACH ITS FULL POTENTIAL WITHIN THE EXISTING COUNTY FRAMEWORK BUT IT IS CLEAR THE CURRENT STATE IS CAUSING FRICTION FOR TWO REASONS.

THE BUSINESS OF CULTURAL EVENTS REQUIRES GREATER FLEXIBILITY THAN WHAT GOVERNMENT WILL ALLOW AND GOVERNMENT REQUIRES GREATER CONFORMITY THAN WHAT THE BUSINESS WILL ALLOW. DESPITE THE BEST EFFORTS OF ALL TO MAKE THIS ARRANGEMENT WORK THESE TWO

[02:25:02]

THEREFORE, IT IS THE RELIGIOUS OF THE ADVISORY COMMITTEE THAT THE BOARD OF COUNTY COMMISSION APPROVE THE CREATION OF A PLAN TO TRANSFORM THE EXISTING CULTURAL EVENTS DIVISION AND PEOPLE OF ST. JOHNS COUNTY IN A LOCAL NONPROFIT ORGANIZATION OVERSEEN BY A NONPAID EXECUTIVE BOARD. AND IF THIS RECOMMENDATION IS APPROVED THE ADVISORY COMMITTEE IS PREPARED TO WORK WITH STAFF TO EXECUTE THE BUSINESS PLAN AND THE TRANSITION PLAN. WE'LL TURN THE DISCUSSION BACK TO THE BORT OF COUNTY COMMISSIONER AND ADDRESS TO THE BEST OF OUR ABILITY ANY QUESTIONS YOU MAY HAVE AT THIS TIME. THANK YOU FOR THIS GREAT OPPORTUNITY. IT HAS BEEN A JOY TO WORK ON THIS.

>> FIRST LET ME THANK ALL FIVE MEMBERS WHO GAVE EXCELLENT PRESENTATIONS AND NOT TO MENTION THE HUNDREDS OF HOURS OF HARDWORK THAT WAS QUITE AN EFFORT. WE ALL I KNOW APPRECIATE THAT. I WANT TO START IF, COMMISSIONER WALDRON, DO YOU HAVE ANY QUESTIONS OR

COMMENTS AT THIS POINT? >> NO, KNOWS,, I WANT TO THANK THE BOARD WE APPOINTED FOR DOING SUCH A GREAT JOB.

THE MEETING I HAD WAS VERY HELPFUL AND VERY UNDERSTANDING, BROUGHT TO LIGHT A LOT OF DIFFERENT ISSUES BUT. I WOULD LIKE TO HEAR WHAT THE REST OF THE

BOARD HAS TO SAY. >> THANK YOU, PAUL.

COMMISSIONER ARNOLD, ANY QUESTIONS?

>> NO, I DON'T HAVE A A TOP OF QUESTIONS.

I WANT TO EXTEND MY GRATITUDE TO THE ENTIRE COMMITTEE. I KNOW YOU HAVE WORKED COUNTLESS TIRELESS HOURS IN A SHORT PERIOD OF TIME TO BRING US THIS RECOMMENDATION. I REALLY APPRECIATE IT.

THANK YOU. >> CHRIS GLAN I DO HAVE A QUESTION BUT LIKE COMMISSIONER WALDRON, LIKE YOU I APPRECIATE EVERYBODY'S HARD WORK.

YOU TALK ABOUT MR. WILSON THE FLEXIBILITY OF HAVING WHAT YOU ARE PROPOSING VERSUS WHAT WE CURRENTLY HAVE. CAN YOU TALK, GIVE US AN EXAMPLE OF HOW IN ITS CURRENT STATE HOW IT HAS BEEN TOO RIGID TO DO WHAT THE VENUE NEEDS US-TO-DO. I WOULD LIKE TO LEARN MORE? THERE ARE MANY EXAMPLES WE LEARNED FROM STAFF 46 PARTICIPANTS OVER THE LAST SEVERAL WEEKS.

FIRST I WANT TO BE SURE AND COMMUNICATE THIS IS NOT ABOUT PEOPLE DOING THINGS POORLY. THIS IS ABOUT THE STATUTES WITHIN WHICH THE GOVERNMENT OPERATES.

SO, FOR EXAMPLE, WHEN A SHOW IS CLOSED OUT AT IT BEING AM IN THE MORNING -- 2:00 AM IN THE MORNING AT A CONCERT IT REQUIRES SETTLEMENTS TO OCCUR.

THE CURRENT PROCUREMENT AND APPROACH TO THIS IS COMPLICATED IN THAT TYPE OF AN ARRANGEMENT.

PROCUREMENT. PROCUREMENT IS A VERY LONG PROCESS FOR A VERY FAST-PACED BUSINESS TO HAPPEN. THE FINANCIAL REALITY, I THINK MR. BOSSARD DID A GREAT JOB TALKING ABOUT HOW THIS HAS BECOME A BUSINESS WITHIN THE COUNTY.

AND WITH MODIFIED ACRUEL ACCOUNTING FROM THE GOVERNMENTAL PERSPECTIVE VERSUS GAP ACCOUNTING IN A BUSINESS THE BUSINESSES IS EVEN VIEWED DEFINITELY.

WE COULD TALK ABOUT LEGAL COUNSEL AND NO BETTER PARTNERS IN THIS PROCESS THAN LEGAL COUNSEL BUT' THE FIRST IN FIRST OUT PROCESS. WHEN A LEGAL CONTRACT, NEEDS TO BE REVIEWED QUICKLY IN ORDER TO SECURE WILLY NELSON OR ANOTHER BAND AND IT TAKES 8 TO 10 TO 15 DAYING TO RESPOND WE LOSE THAT ACT. SO ONCE AGAIN THIS IS JUST OVER TIME IT'S GROWN TO SUCH A LEVEL THAT THE QUANTITY OF THE WORK HAS SORT OF BECOME A BARRIER TO BECOMING THEIR VERY BEST. I THINK THE MOST TROUBLING PART OF THIS HAS BEEN THE TURNOVER IN TALENT. THIS IS THE PEOPLE BUSINESS. AND CANDIDLY WE'RE FORTUNATE TO HAVE SUCH A TALENTED TEAM OF PEOPLE THAT HAVE LEARNED A UNIQUE AND DIFFERENTIATED WAY TO DEAL WITH ARTISTS AND PERFORMERS THAT MAKES THEM SECT ST.

JOHNS OVER MANY OTHER REPRESENTED BY BEING NUMBER ONE IN THE ENTIRE UNITED STATES. BIGGER THAT HAPPEN RID ROCKS, ONLY NUMBER TWO TO THE SIDNEY OPERA HOUSE IN THE WORLD BECAUSE THESE PEOPLE HAVE CREATED A UNIQUE EXPERIENCE FOR THOSE ARTISTS HERE AT THE ARCHIE -- AMP THEATER AND THE PONTE VEDRA CONEARTH HALL. WE LOST SELF TALENTED PEOPLE BECAUSE THEY'VE TO THE GREAT BRITAIN THE PEOPLE ARE THE X. FACTOR FOR THAT. THIS IS NOT ABOUT

[02:30:04]

THE FINAL THING IS THAT MOST RECENT AUDIT DONE BY M.G.T.WOULD SUGGEST THIS DIVISION WOULD BE CHARGED $570,000 FOR THE SERVICES THAT DON'T MEET THE NEEDS OF THE BUSINESS.

>> I APPRECIATE THAT ANSWER. I THINK THAT SORT OF GIVEES AS COMMISSIONER FOR THE PAST TWO YEARS THERE'S A LOT OF RULES AND REGULATIONS, STATUTES AND ORDINANCES WE

MUST APPLY WITH. >> OF COURSE.

>> PERHAPS A BUSINESS MODEL AS ABTRACT AS A VENUE ESPECIALLIES AS ONE AS UNIQUE DOESN'T FIT IN THE NEAT LITTLE BOXES AS IT MUST WHEN YOU ARE DEAL WITH GOVERNMENT S. THAT SORT OF THE --

>> THAT'S EXACTLY IT. I WOULD ADD THE REAL STORY HERE IS THE SUCCESS OF ST. JOHNS COUNTY MANY YEARS AGO TO TAKING A LEAP OF FAITH TO TRY THIS IDEA THAT HAS GROWN TO WELL AND WELCOME SO SUCCESSFUL. IT'S REALLY AN INCUBATOR MODEL FOR MANY OTHERS TO THINK ABOUT.

>> THANK YOU, I APPRECIATE THAT ANSWER.

>> COMMISSIONER BLOCKER. >> THANK YOU, MR. CHAIRMAN.

I WANT TO THAT MANY JERRY WILSON, THE TEAM THAT WAS ASSEMBLED THAT DID HARD WORK ON THIS. MR. CHAIRMAN, WE STILL NEED PUBLIC COMMENT BUT I'M READY TO MAKE A

MOTION. >> BEFORE WE HAVE PUBLIC COMMENT I WANT TO FOLLOW UP ON THE SORT OF WHAT I CALL THE FLEXIBILITY OVERVIEW ROLE. WE HAVE FOR THOSE WHO MAY NOT KNOW THE HISTORY BUT JERRY ALLUDED TO IT FOR YEARS ANASTASIA STATE PARK EXIST AND FOR YEARS THE COUNTY HAD A WHAT WAS CALLED A CROSS AND SWORD ANNUAL PLAY THAT REPRESENTED THE FOUNDING OF ST. AUGUSTINE THE SPANISH HISTORY AND THERE WAS NO ARCH THEATER.

THERE WERE' LARGE TIMBER LOGS LOOKING TOWARD A LITTLE PITIFULLIAN AND YOU -- PAVILION.

I SAT ON THE LOGS AND THAT WAS IT BUT THANKS TO THE BRILLIANT FORESIGHT, VISION AND COMMITMENT OF EARLIER COUNTY COMMISSIONERS AROUND 2005, PHIL, 2005, 2006 IN THAT TIME PERIOD PHIL WAS INVOLVED MCDANIEL. THEY CAME ONE THIS GLORIOUS IDEA I THINK OF AN AMP THEATER AND THE COUNTY INVESTED A SUBSTANTIAL SUM OF MONEY BECAUSE WE WERE. WE ARE, WE WERE AND STILL ARE THE LESSEE OF THE STATE PARK LAND. THERE IS A GROUND LEASE FROM THE STATE PARK SYSTEM.

WITH THAT SAID, I JUST ANY IT'S A WONDERFUL THING AND WE WILL NOW HEAR PUBLIC COMMENT THEN HAVE A MOTION.

>> PUBLIC COMMENT ON AGENDA INUMBER ONE THE FINDINGS OF THE ST. AUGUSTINE AMPY THEATER.

>> ED SLAVEIN BOX 3084. JAMES MADISON WROTE IN 1824 A POPULAR GOVERNMENT WITHOUT POPULAR INFORMATION OR THE MEANS OF ACQUIRING IT IS BUT A PROLOG TO A FARCE OR TRAGEDY OR PERHAPS BOTH. MOM WILL FOREVER GOVERNMENT IGNORANCE AND THE PEOPLE WHO MEAN TO BE THEIR OWN GOVERNS MUST BE ARM THEMSELVES WITH THE POWER THAT KNOWLEDGE GIVES. I'M NOT COMFORTABLE WITH THIS PROPOSAL. THIS PROPOSAL MAKES NO MENTION AT ALL ABOUT THE SUNSHINE LAW. ABOUT ART 1 SECTION 24 OF OUR FLORIDA CONSTITUTION WHICH WE ADOPTED THE PEOPLE OF FLORIDA ADOPTED WITH 3.8 MILLION VOTES IN 1992. 83% OF THE PEOPLE. NOW THIS SOUNDS AN AWFUL LOT LIKE THE FIRST AMERICA FOUNDATION WHERE A FEW YEARS AGO JOE BOLDS MAYOR OF THE CITY OF ST. AUGUSTINE WANTED TO OUTSOURCE THE RUNNING OF THE 450TH ANNIVERSARY OF THE CITY OF ST. AUGUSTINE. THEY SET UP A NONPROFIT FOR THE EXPRESS PURPOSE OF AVOIDING SUNSHINE AND OPEN RECORDS. SO YOU SEE WHAT I AM, YOU SEE WHAT I'M EARN CANNED ABOUT -- CONCERNED ABOUT.

I'VE VERY GOOD EXPERIENCE WITH THE AMPY THEATER BEING A VERY GOOD NEIGHBOR. I REMEMBER ON ONE OCCASION IN 2013 THE NEW YORK TIMES NEEDED SOME INFORMATION.

AND THE AMPY THEATER GOT IT TO US ABOUT WHEN THE CONCERT ENDED ON THE NIGHT THAT MICHELE O'CONNELL WAS MURDERED. THE MANAGER STAYED LATE.

RYAN DID TILL 7:30 AND GOT ME THE INFORMATION. WOULD THAT HAPPEN IN THE FUTURE UNDER A NONPROFIT? IN 1206

[02:35:04]

BUT THIS NONPROFIT MODEL, I DON'T LIKE IT. THE GOVERNMENT HAS DONE A REALLY GOOD JOB RUNNING THE ARCHIE THEATER. DON'T BLOW IT. PLEASE DON'T BLOW IT AND LET'S NOT VOTE ANYTHING TODAY AND LET'S GET AN OPINION FROM THE STATE ATTORNEY GENERAL BEFORE WE GO VIOLATE THE SUNSHINE AGAIN.

>> THANK YOU. >> THANK YOU. ANYBODY ELSE

LIKE TO MAKE PUBLIC COMMENT? >> 121 LAGOON FOREST DRIVE.

WHEN I FIRST WAS AT THE BUDGET MEETING AND WATCHED THIS GROUP WONDERFUL GROUP. FANTASTIC THING THAT WE HAVE IN OUR COUNTY I WANT TO SAY, YOU KNOW, YOU NURTURE SOMETHING. YOU HAVE YOUR KIDS GROW UP. YOU THROW MONEY INTO IT. THEY ARE SEND THEM OFF TO COLLEGE AND THEY GET A JOB. I MEAN I FEEL LIKE THIS IS SUCH A HISTORIC THING THAT WE'VE DONE IN THIS COUNTY AND I THINK IT'S FANTASTIC. I HATE TO SEE IT LEAF LEAVE.

I UNDERSTAND THAT WE HAVE TO LET GO. I UNDERSTAND THAT.

I DO HAVE CONCERNS ABOUT LOSING THE ACTUAL THINGS WE CAN DO THAT WE HAVE BEEN DOING AND LOSING THE CONTROL OF A NONPROFIT AND WE'RE MAKING MONEY FOR THIS COUNTY OFF OF THESE TWO ASSETS SO I HATE TO SEE IT GO AWAY. BUT

ANYWAY THANK YOU. >> THANK YOU, MISS KEATING JOSEPH FOR YOUR COMMENTS. ANYBODY ELSE LIKE TO MAKE PUBLIC COMMENT? SOMEBODY COME UP. HI THERE NAME AND ADDRESS PLEASE FOR THE RECORD.

>> JANUARY EACH SMITH 157 SEA SIDE CIRCLE.

I'M ON THE BOARD OF THE PONTE VEDRA CONCERT HALL FRIENDS GROUP WHICH IS THE NONPROFIT 501 C. 3 THAT RAISES MONEY TO SUPPORT THE HALL COMPLETELY SEPARATE FROM THE FEDERAL GOVERNMENT. I COULD WORK WITH JERRY AND OTHER MEMBERS OF THE COUNTY IN A COMPLETELY SEPARATE CAPACITY. THE FRIEND IS A SMALL GROUP.

I WASN'T AWARE OF ALL THE GOOD WORK BEING DONE BUT I WOULD LIKE TO THROW MY SUPPORT BEHIND THIS PROGRAM BECAUSE I HAVE A CAREER IN THE NONPROFIT SECTOR AND THE PERFORMING ARTS AND THE BIGGEST NAME I WORKED FOR WAS THE KENNEDY SENDER AND THE FEDERAL GOVERNMENT OPERATES THAT LIVING MEMORIAL TO JOHN F. KENNEDY, AND THE 501 C. 3 THAT IS AFFILIATED WITH THAT GOVERNMENT BUILDING IS THE GROUP THAT PUTS ON ALL THE LIVE MUSIC AND LIVE PERFORMANCES THEATER, DANCE, ART, THAT KEEPS HIS MEMORY ALIVE. SO I THINK THAT THAT'S A GOOD REFERENCE POINT FOR YOU TO CONSIDER.

ONE THING THAT DIDN'T GET CAPTURED IN THE PRESENTATION IS THE BROADER CONCEPT OF COMMUNITY. WE WANT TO KEEP THINGS FOCUSED ON COMMUNITY. THERE IS A GREAT SENSE OF PRIDE IN ST. JOHNS COUNTY BUT ALSO IN THE NONPROFT SECTOR WE HAVE DONORS, WE'VE SUPPORTERS, WE'VE MEMBERS.

WE'VE BOARD MEMBERS AND I THINK THERE'S REALLY AN OPPORTUNITY TO OPEN THE DOORS TO PEOPLE WHO WILL EVEN BECOME MORE PROUD AND MORE INVOLVED WITH THESE VENUES. AND CREATE AN EVEN GREATER SENSE OF COMMUNITY AND PRIDE. SO THANK YOU.

>> THANK YOU. ANYBODY ELSE FOR PUBLIC COMMENT? ONE GENTLEMAN STANDING UP. I SEE ANOTHER ONE.

IF YOU KNOW YOU WOULD LIKE TO MAKE PUBLIC COMMENT YOU ARE WELCOME TO STAND AT THE OPEN PODIUM IF YOU KNOW YOU ARE GOING TO MAKE IT BUT IT'S --

>> GOOD I'M TOMMY BLED SEW I LIVE AT 3161 COUNTRY CREEK LAKE ST. AUGUSTINE. I WAS PRIVILEGED AND HONORED TO BE A PART OF THE FIRST ORGANIZATION OF THE AMPY

[02:40:02]

OF THE ARCHIE THEATER. I CAN TELL YOU THAT IT WAS DIFFICULT. THERE WERE MANY 18 HOUR DAYS OVER THERE WITH THE STAFF THAT WAS. THERE THE PEOPLE WHO WORKED THERE DO IT BUS THEY LOVE THE BUSINESS OF ENTERTAINMENT, OF DEVELOPING OUR COMMUNITY AS AN ARTS DESTINATION. THEY DO THE HARD WORK, LONG HOURS AND ON THE, YOU KNOW ON THE SCALE OF THE BUSINESS THEY ARE RENUMERATION FOR SUCH WORK IS NOT EXEMPLARY BECAUSE THERE IS SO MUCH COMPETITION IN OTHER VENUES TO PAY MORE MONEY AND WE'VE SEEN THAT HAPPEN WITH THIS AMPY THEATER. WE LOST SOME STAFF THERE. PEOPLE WHO ARE HERE ARE WORKING VERY HARD. I KNOW THAT THE COUNTY IS CAPABLE OF CONTINUING TO DO WHAT WE'VE BEEN DOING BUT IT HAS BEEN VERY DIFFICULT ALWAYS SO IT'S A VERY CHALLENGING POSITION TO BE. I DO SUPPORT THIS TRANSITION OR THE PLANS THAT WOULD BE DEVELOPED. I LIKE TO SEE THAT COME FORWARD AND APPRECIATE ALL THE WORK THAT THE COMMITTEE HAS DONE AND THANK YOU Y'ALL VERY MUCH.

>> THANK YOU, MR. BLEDSOE. >> GOOD MORNING COMMISSIONERS AND THANK YOU FOR YOUR SERVICE TO THE PEOPLE OF ST. JOHNS COUNTY. MY NAME IS RICHARD GOLDMAN.

I RESIDE AT 178 WATER OAK DRIVE IN PONTE VEDRA.

AS A MEMBER AND REPRESENTATIVE OF AN ORGANIZATION AND NONPROFIT ORGANIZATION THAT WORKS WITH THE COUNTY ON, FOR A PARTICULAR PURPOSE, I WANT TO ASSURE YOU THAT IT'S ENTIRELY POSSIBLE FOR A NONPROFIT TO OPERATE IN A MORE EFFICIENT MANNER AND TO COMPLY WITH THE SUNSHINE LAW AND OUR NEED FOR PUBLIC DOCUMENTATION. WE DO IT P. THE CULTURAL COUNCIL DOES IT, IT'S ENTIRELY POSSIBLE.

ALSO OUR ACCESSIBILITY TO THE PEOPLE OF ST. JOHNS COUNTY AND THOSE WHO HAVE AN OPINION ABOUT CULTURAL EVENTS ARE ALSO WELCOME AT OUR PUBLIC MEETINGS.

AND FOR WHICH WE MUST BE AS AN ORGANIZATION THOUGHTFUL AND INCLUSIVE. I BELIEVE THAT SUCH AN ORGANIZATION CAN BE CREATED AND IN A WAY TO RUN IN AN EVEN MORE EFFICIENT MANNER THE ARCHIE THEATER AND -- ARCHIE THEATER AND THE AMPHITHEATER AND THE CONCERT HALL. THANK YOU FOR YOUR SERVICE.

>> ANYBODY ELSE FOR PUBLIC COMMENT. SEEING NONE OR AM I SEEING ONE? IN ALL RIGHT. MISS KOLL AIDE, COME ON DOWN

>> B. J. COLADY. I THOUGHT MR. MCDANIEL WOULD BE HERE BEFORE ME. SEE WHAT HAPPENS, IT'S EXCITING IN THE MEETINGS. THE LITTLE GAMES WE PLAY. ALL RIGHTY.

I'M NOT FOR THE NONPROFIT. AND GENTLEMAN GET UP AND SAY WHAT THEY WANTED TO NONPROFIT.

YOU DON'T HAVE TO ANSWER TO THE PUBLIC LIKE YOU HAVE TO AT A GOVERNMENT ENTITY. AND THE ACCOUNTABILITY IS GOING TO BE THE PROBLEM. AND I DON'T THINK IF YOU ARE -- YOU ARE GOING TO DO THIS, BECAUSE WHEN YOU DO IT, I WANT TO BE ON THE RECORD THAT NO TAX DOLLARS GO TO THIS NONPROFIT. YOU CAN KEEP ON DOING, YOU KNOW UPKEEP AND WHATEVER FOR THERE GABE BUT NO TAX

[02:45:04]

WE WON'T HAVE TO WORRY ABOUT OUR ROADS AND THE DRAINAGE AND THE FLOODING AND THE IMPORTANT THINGS TO ME.

OTHER PEOPLE HAVE LOST EMPLOYEES, TOO. THERE IS AN INFLATION SITUATION IN OUR WORLD. I DON'T KNOW IF THEY KNOW IT BUT IT IS, AND NOBODY WANTS TO GO BY THE RULES. NOBODY LIKES TO GO BY THE GOVERNMENT'S RULES. THE RULES ARE THERE FOR.

ELSE BUT NOT FOR ME. I WANT TO RUN THE STOP SIGN BUT DON'T GIVE ME A TICKET.

OKAY. SO I WOULD LIKE TO BE ON THE RECORD SPEAKING FOR TAXPAYERS AND I HAVE BEEN MAYBE ONCE, IT'S TOO CONGESTED OVER THERE AND THERE ARE TOO MANY GAMES GOING BEEN BUT THERE IS ANOTHER GROUP OF PEOPLE THAT WANT TO PUT THE SHELL UP. THE SHELL HAS KIND OF DISAPPEARED BUT I THINK THE SHELL IS SOMEWHERE OUT THERE. BUT NONPROFITS ARE NOT AS ACCOUNTABLE AND OUR TAX DOLLARS SHOULDN'T NOT GO TO THEM WHEN YOU MAKE THIS DEAL. I WISH THAT COULD BE WRITTEN INTO SOME CONTRACT WITH THE COUNTY ATTORNEY'S OFFICE.

BECAUSE THEY'RE MAKING MONEY.

YOU DON'T REALLY KNOW WHAT THE INCOME IS AND THAT'S MY MAIN CONCERN. THERE'S NOT GOING TO BE ANY OVERSITE AND NOBODY WANTS THE OVERSIGHT THAT'S WHY THEY COME ONE THIS DEAL. I'M GLAD I'M THE LAST ONE TO SPEAK.

>> THANK YOU, ANYBODY ELSE LIKE TO MAKE PUBLIC COMMENT?

MR. WILSON. >> THANK YOU VERY MUCH. I APPRECIATE THE VARIOUS COMMENTS.

I DO WANT TO GO ON THE RECORD AND SAY THERE WAS NO GAME IN THE COMMITTEE. WE GAVE OF OUR VOLUNTEER TIME OVER 500 HOURS TO WORK ON THIS. SO I TAKE EXCEPTION TO ANY POTENTIAL INFERENCE THAT THERE IS A GAME HAPPENING HERE. WE LOVE OUR TWO VENUES.

WE'RE COMMITTED TO THEM BEING SUCCESSFUL AND WE'RE TRYING TO PROVIDE INFORMATION FOR A DECISION THAT YOU WILL BE MAKING. IT'S INTERESTING HOW PEOPLE CONSIDER TAX PAYING DOLLARS AND HERE IS AN ACTUAL TOMBS TAKE SOMETHING OUT OF THE COUNTY TO MAKE IT ON ITS OWN AND THERE WOULD BE A GREAT RELATIONSHIP BETWEEN THE PUBLIC SECTOR UNDER A THE PRIVATE IN THIS PARTICULAR AREA BECAUSE WE ENVISION THE SAME PEOPLE DOING THE SAME WORK IN A STRUCTURE THAT ALLOWS THEM TO DO IT GREAT. SO THAT BEING SAID, I HEARD ANOTHER COMMENT I WOULD LIKE TO ADDRESS IF I MAY. PART OF OUR VISION IS THE SAME, I THINK CRISTA MENTIONED THIS CULTURAL EVENTS DOES A LOT OF GREAT THINGS FOR THE COMMUNITY INCLUDING GRADUATIONS AND COMMUNITY ACTIVITIES. WE ENVISION THAT CONTINUING.

WE DO NOT HAVE ANY PLAN TO DISRUPT. IT'S CORE TO BE COMMUNITY OWNED, COMMUNITY OPERATE AND COMMUNITY LED.

THANK YOU. >> JEREMY WHY, BEFORE I COLON, I WANT TO JUST SAY ONE THING VERY CLEARLY IF I MAY. I KNOW ALL OF US SITTING AT THIS DAIS AND PAUL IN THE HOSPITAL, WE PUT ACCOUNTABILITY AND TRUST AS A COMMISSIONER TO OUR RESIDENTS NUMBER ONE. IT'S OUR RESPONSIBILITY WHEN YOU ARE A PUBLIC SERVANT YOU ARE BASICALLY SERVING UNDER THE PUBLIC TRUST AND SO I TEND TO SORT OF AGREE WITH MY GOOD FRIEND ED SLAVEIN WE HAVE TO HAVE ALWAYS ACCOUNTABILITY, OKAY. ACCOUNTABILITY AND TRANSPARENCY. WITH YOUR TAX DOLLARS AND OURS. EVERYONE IN HERE, WELL, MOST EVERYONE IN HERE PAYS SALES TAX AND WE'RE VON AND NEED TO BE HELD ACCOUNTABLE FOR THOSE FUNDS, LAST MAY WHEN I FIRST DISCUSSED THIS WITH SEVERAL INDIVIDUALS WHO WERE PROMOTING THIS, I SAID, WE NEED TO FIND THE SWEET SPOT BETWEEN SOME FLEXIBILITY AND ACCOUNTABILITY AND TRANSPARENCY AS COMMISSIONERS. AND WHEN I FIND THE SWEET SPOT WE AS COMMISSIONERS IF WE MOVE TO THE NEXT STEP, IF WE DO, WHAT I ENVISION IS ONE COMMISSIONER IS TO HAVE AN ANNUAL AUDIT OF ANY 501 C. 3 TO INSURE ALL OF THE EXPENDITURES HAVE BEEN DONE APPROPRIATELY AND HAVE BEEN DONE WITH THE PUBLIC'S TAX DOLLARS IN MIND. SO THERE WOULD BE AN ANNUAL AUDIT AND REVIEW SO THE BOTTOM LINE IS I WANT TO PROVIDE FLEXIBILITY WHEN THE CLERK OF COURTS OFFICE IS HANDLING 19,000 TRANSBEINGSES A YEAR FOR THE AMPHITHEATER THAT IS TOO MANY. IT SHOULDN'T TAKE 6 OR 8 WEEKS FOR ONE PERSON CATERING SERVICE TO GET PAID

[02:50:06]

OVER TO YOU. >> THANK YOU, MR. CHAIRMAN.

I LIKE TO MAKE A NOTION ACCEPT THE REPORT FROM THE ARCHIE THEATER AND CONCERT HALL.

>> SECOND. >> WE HAVE A MOTION AND A SECOND GOING TO HAVE A VOICE VOICE.

>> COMMISSIONER AROUND. >> YES.

>> COMMISSIONER. >> YES.

>> COMMISSIONER WALDRON. >> YES.

>> COMMISSIONER BLOCKER. >> YES.

>> I VOTE YES. THAT'S APPROVED 5-0. I'M PREPARED TO MAKE A SECOND MOTION. I'LL MAKE A SECOND MOTION, I WOULD LIKE TO MOVE TO DIRECT THE ARCHIE THEATER AND CONSER HALL ADVISORY COMMITTEE TO GENERATE A PROPOSAL WITH DETAIL BEYOND A CONCEPTUAL LEVEL ALONG WITH A BUSINESS PLAN THAT WOULD INCLUDE A REASONABLE FINANCIAL PLAN IN LINE WITH THEIR RECOMMENDATIONS.

>> SECOND. >> WE HAVE A MOTION AND A SECOND. COMMISSIONER ARNOLD.

>> YES. >> COMMISSIONER WHITE HURST.

>> YES. >> COMMISSIONER WALDRON.

>> YES. >> COMMISSIONER BLOCKER.

>> YES. >> AND I VOTE YES SO THAT IS APPROVED 5-0. I'LL MAKE A THIRD MOTION FOR STAFF TO PROCURE AN INDEPENDENT ANALYSIS OF THE BUSINESS PLAN AND PROPOSAL AFTER SUBMISSION AS REQUIRED UNDER

FLORIDA STATUTE 255.065. >> SECOND.

>> WE HAVE A MOTION AND A SECOND. PLEASE VOTE, DON'T VOTE. LET ME CALL ON YOU.

COMMISSIONER ARNOLD. >> YES.

>> COMMISSIONER WHITE HURST. >> YES.

>> COMMISSIONER WALDRON. >> YES.

>> COMMISSIONER BLOCKER. >> YES.

>> AND I VOTE YES. THAT'S APPROVED 5-0. ONCE AGAIN I'LL QUICKLY SAY I CAN'T TELL TELL YOU HOW MUCH WE SITTING HERE APPRECIATE THE HARD WORK AND THE EFFORT AND THE INGENUITY, THE CREATIVITY AND THE OUTRIGHT TALENT OF EACH OF YOU. THANK YOU VERY MUCH.

[APPLAUSE] OKAY. THAT SHOULD TAKE US TO, THAT MIGHT TAKE US ALL THE WAY TO ITEM 2 OR 3.

[LAUGHTER] WE GOT ONE OUT OF THE WAY.

GOING TO WARM BACK ON TWO UNDER A WE ARE, I GUESS

[Items 3 & 4]

>> YES, MR. CHAIRMAN I HAD A MEETING ON THURSDAY AUGUST 25, 2022 AT APPROXIMATELY 1:30 P.M.WITH EL ENSMITH AND THE APPLICANT. WE DISCUSSED THE SCOPE OF THE PROJECT, WORK FORCE HOUSING COMPONENT AND THE IMPACT TO TRAFFIC.

>> OKAY. P AUGUST 25, 2:00 P.M.MET WITH SMITH UNDER A THE APPLICANTS WITH STAFF AND THE OFFICE AND WE DISCUSSED HOW THEY CAME TO US LAST YEAR FOR AN APPROVAL TO CHANGE THE ZONING EVER THE AREA AND THEN THEY WERE COMING BACK TO US. WE DISCUSSED HOW MUCH WOULD BE THE RENT AND, ON THESE REPORTS AND THERE IS 80 TO 10% OF A.M. I. THAT. IS ALL I GOT.

>> OKAY. I HAD A MEETING ON AUGUST 25TH WITH EL ENAVERY SMITH AND THE APPLICANTS TO DISCUSS THE PROPOSAL AS YOU DESCRIBED. THANK YOU. COMMISSIONER WALDRON, ANY EXPARTE ON THREE?

>> YES, SIR, ON AUGUST 22, I HAD A PHONE CONVERSATION WITH MISS EEN AVERY SUBMIT AND THE APPLICANT.

WE DISCUSSED THE PRICING OF THE APARTMENT, IT WOULD BE CONTROL OF THEM, LOCATION, AND THE CHANGES THAT THEY

WERE REQUESTING. THAT'S IT. >> THANK YOU. MR. BLOCKER.

>> I HAVE NONE, SIR. >> NONE. OKAY. IT'S ALL

YOURS, MR. SMITH. >> GOOD AFTERNOON, SUBMISSIONERS GOOD TO SEE YOU OR ALMOST AFTERNOON AS THE CASE MAY BE. WITH YOUR PERMISSION I'M GOING TO DO A COMBINED PRESENTATION FOR ITEMS 3 AND 4 BECAUSE THEY'RE RELATED AND AS I GO THROUGH THE STORY OF WHY THEY'RE RELATED YOU WILL UNDERSTAND BETTER.

JUST BY WAY OF INTRODUCTION WE'VE GOT ACTUALLY TWO APPLICANTS BECAUSE WE HAVE TWO DIFFERENT APPLICATIONS, ONE IS TWIN CREEKS DEVELOPMENT ASSOCIATE WITH

[02:55:03]

BY WAY OF BACKGROUND MOST OF YOU KNOW THAT THIS IS THE TWIN VEHICLES PROPERTY YOU RECOGNIZED THE KRYSTAL LAGOON, RIGHT HERE LOCATED BETWEEN I-95 AND U.S. 1.

HERE IS COUNTY ROAD 210 AND ALTERNATE 210 SOME OF US CALL THE DOG LEG, THE SITE WE'RE TALKING ABOUT TODAY FOR THE WORK FORCE HOUSING IS RIGHT HERE, HERE IS COUNTY ROAD 210 AND U.S. 1 CORRIDOR, THIS IS THE CREEK SIDE AT TWIN CREEK COMMUNITY. FROM A LAND USE PERSPECTIVE THIS PROPERTY HAS A MIXED USE DISTRICT FUTURE LAND USE DESIGNATION WHICH WOULD ALLOW IT TO 13 DWELLING UNITS PER DEVELOPABLE ACRE THEN ALSO THE ZONING FOR ALL OF TWIN CREEKS INCLUDING THIS PROPERTY IS CURRENTLY AMBULANCED UNIT DEVELOPMENT.

FOR A LITTLE BIT OF HISTORY THIS PROPERTY, THIS PROJECT TWIN CREEKS IS ABOUT 17 YEARS OLD.

THE D. R. I. AND P. U. D. WERE FIRST APPROVED BY THE COMMISSION IN 2005. THAT INCLUDED ALL OF TWIN CREEKS ALL 3,000 ACRES, IN 2014 GOING INTO 2015 THERE WAS A D. R. I. DIVORCE FOR FROM A LEGAL PERSPECTIVE, SO THE PROPERTY WAS DIVIDED INTO 2 DIFFERENT D. R. I.'S AND TWO DIFFERENT P. U. D.'S. THE, THIS ONE IS CALLED NEW TWIN CREEKS, THAT IS THE NAME OF THE P. U. D. AND IT INCLUDES 2200 RESIDENTIAL UNITS AND 3.7 MILLION SQUARE FEET OF NONRESIDENTIAL SPACE OR NONRESIDENTIAL SPACE.

SORRY. I WAS YELLING TOO MUCH AT THE GATOR GAME SATURDAY NIGHT. THE DEVELOPER HAS OBVIOUSLY SIX LANED THE PORTION OF COUNTY ROUTE 210 WITHIN THE BOUNDARIES WAITING FIRE DISH RIGHT OF WAY AND OTHER IMPROVEMENTS TO THE WEST. THAT'S WHY THEY'RE STILL A PORTION OF COUNT COUNTY ROAD 210 THAT IS TWO LANES AND NOT FOUR LANES BUT THAT IS COMING UP. THERE HAS BEEN A DEDICATED TO ACRE PART SITE AND 3 DEDICATED SCHOOL SITES ONE FOR THE NEW BEACH WALK HIGH SCHOOL, THE OTHER ONE IS K. THROUGH 8 SITE THAT HASN'T BEEN ACTED UPON AND THERE IS A BUS MAINTENANCE FACILITY THAT IS JUST NEXT TO THIS SITE WE'RE TALKING ABOUT. AGAIN GOING TO THE FIRST APPLICATION IS TO LITERALLY MAJOR MODIFICATION TO THE NEW TWIN CREEKS P. U. D. TO REMOVE ABOUT 2 ACRES FROM THE P. U. D. BOUNDARIES AND ADD IT INTO THE NEW P.

YOU WANT D. THAT'S CALLED MOMENTUM TWIN VEHICLES P. U.

D. THIS IS BEING DONE PER THE APPROVED WORK FORCE HOUSING SPECIAL CONDITION 27 IN THE TWIN CREEKS D. R. I.

DEVELOPMENT ORDER. THE ORDER SHOWS THIS IS THE APPROVED MASTER PLAN FOR THE TWIN CREEKS D. R. I. YOU SEE THE SITE CALLED WORK FORCE HOUSING SITE.

IT SAYS 13 ACRES OUTSIDE M. D. P. BOUNDARY SO.

THIS IS THE SITE WE'RE TALKING ABOUT TODAY.

IT HAS BEEN ON THE BOOKS FOR THIS LOCATION FOR A NUMBER OF YEARS. THIS SPECIFICALLY IS SPECIAL CONDITION 27. YOUR BOARD ACTUALLY APPROVED ABOUT A YEAR AND A HALF AGO THIS LANGUAGE THAT IS VERY SPECIFIC ABOUT THE RENTS BEING AFFORDABLE FOR THIS APARTMENT PROJECT TO HOUSEHOLDS EARNING BETWEEN 80 AND 120% OF ST. JOHNS COUNTY MEDIAN INCOME ACCORDING TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND UTILIZED BY THE FLORIDA HOUSING FINANCE CORPORATION FOR A MULTIFAMILY.

AGAIN THIS IS AN APARTMENT PROJECT THAT WILL BE AFFORDABLE TO PEOPLE AND IT WILL HAVE RENTS -- I'M SORRY AFFORDABLE TO PEOPLE WITHIN 8 TO TO 120% OF AREA MEDIAN

INCOME. HERE >> HERE AGAIN IS THE LANGUAGE OUT OF THE DRI DEVELOPMENT ORDER.

THEN THE SECOND APPLICATION BEFORE YOU IS TO LITERALLY TAKE THE 15 POINT TWO ACRES AND REZONE FOR THE WORK FORCE HOUSING PROJECT UNDER THE GUISE OF THE TWIN CREEKS DRI REQUIREMENT FOR 80-120% RENTAL INCOME AFFORDABILITY.

AND HERE'S THE MASTER DEVELOPMENT PLAN YOU SEE AGAIN.

COUNTY ROAD 210 ALTERNATE. YOU SEE THE ACCESS ROAD THAT

[03:00:03]

NICE LOOKING RENDERINGS. A GOOD PLAN.

AMENITY CENTERS. SWIMMING POOLS.

MORE SWIMMING POOLS. AND THEN JUST SO TO GIVE YOU A LITTLE OVERVIEW ABOUT THE NEED FOR WORK FORCE HOUSING.

ST. JOHNS COUNTY HAS EXPERIENCED MORE THAN 15% YEAR OVER YEAR RENT GROWTH AND HAS GROWN CUMULATIVELY OVER THE LAST DECADE. THE MEDIUM HOME PRICE IS ABOUT 550 THOUSAND DOLLARS AND A MONTHLY MORTGAGE OF 3 THOUSAND 30 DOLLARS AND THE REASON FOR THE NEED FOR THIS WORK FORCE HOUSING IS BECAUSE OF THIS. THIS IS THE ACTUAL TABLE BY WHICH RENTS ARE CALCULATED BASED ON THE NUMBER OF PEOPLE IN A HOUSEHOLD AND WHAT THE AVERAGE MEDIAN INCOME WOULD BE.

THAT'S AN OFFICIAL TABLE USED BY HUD AND THE FLORIDA HOUSING FINANCE CORPORATION FOR THIS PURPOSE OF CALCULATING RENTS.

AND SO AGAIN GOING TO YOUR STAFF REPORT.

STAFF DOES NOT OBJECT TO APPROVAL OF EITHER OF THE APPLICATIONS. PZA RECOMMENDED APPROVAL OF BOTH AND WE RESPECTFULLY REQUEST YOU PLEASE DO APPROVE BOTH APPLICATIONS. WE ARE HERE TO ANSWER WHATEVER QUESTIONS YOU MIGHT HAVE ON THE TECHNICAL SIDE OR OTHERWISE AND

THANK YOU VERY MUCH. >> CHRISTIAN, LET'S TAKE PUBLIC COMMENT ON 3 AND 4 WITH THE SAME SUBJECT.

>> AT THIS TIME THE BOARD WILL HEAR PUBLIC COMMENT ON AM ITEM 3 AND 4. PLEASE COME FORWARD.

SEEING NO PUBLIC COMMENT. WE WILL CLOSE PUBLIC COMMENT

>> ANY QUESTIONS FROM THE BOARD FROM THE THREE OF US?

>> WELL -- >> PAUL, YOU'RE OKAY PAUL?

>> YES, SIR. OKAY.

MR. CHAIR, I JUST HAVE ONE QUESTION FOR MS. AVERY SMITH IF WE COULD. WHEN WE HAD OUR MEETING, I WAS OBVIOUSLY FIREFIGHTERS SHERIFF'S DEPUTIES WE NEED HOUSING FOR THE FOLKS WHO FIND IT HARDER TO LIVE IN ST. JOHNS COUNTY.

WHAT ASSURANCES WE HAVE IN THE TEXT THAT THE PRICE CAN'T GO UP OVER 120% AMI? ARE THERE ASSURANCES THESE WON'T BECOME MARKET RATE APARTMENTS WHICH IS NOT WHAT WE'RE TRYING TO ACCOMPLISH WITH OUR VOTES HERE TODAY.

WE WANT TO HELP NURSING, TEACHERS, SHERIFFS, DEPUTIES AND FIGHTERS. CAN YOU SPEAK TO THAT? WHEN WE TALK ABOUT THE TWIN CREEKS DRI.

IT'S RECORDED AGAINST TITLE TO THE PROPERTY.

THIS IS THE EXACT LANGUAGE FROM THE DEVELOPMENT ORDER ABOUT THE RENTS AND SO THIS IS BINDING. THIS IS, THAT'S THE IDEA OF THESE ARE THE RENTS THAT CAN BE CHARGED.

AND IT'S IN BLACK AND WHITE RECORDED AGAINST TITLE TO THE

PROPERTY. >> OKAY.

THANK YOU MS. AVERY SMITH. >> THANK YOU WITH THAT SAID.

I'M PREPARED TO MAKE A MOTION. THIS IS DISTRICT 5.

-- >> MR. CHAIRMAN.

I HAVE ONE QUESTION. >> PAUL, I'M SORRY.

>> YES, SIR, I GOT ONE QUESTION. IS THE TWIN CREEKS DRI UP-TO-DATE ON ALL TRANSPORTATION REQUIREMENTS?

>> HE SAID IS THE TWIN CREEKS DRI UP-TO-DATE ON TRANSPORTATION. IS THAT CORRECT,

>> YES, MA'AM. >>

>> AS FAR AS I KNOW IT IS. I THINK THAT THERE ARE SOME, THERE IS SOME RIGHT-OF-WAY AND I DON'T KNOW WHERE IT IS IN THE ACQUISITION PROCESS THAT STILL HAS TO BE ACQUIRED BEFORE THE TRIGGER OF THE FOUR LANING OUTSIDE OF THE DRI BOUNDARIES.

MR. KINSEY IS HERE. I DON'T KNOW IF HE WANTS TO COME UP OR SOMEBODY FROM STAFF KNOWS WHERE THAT RIGHT-OF-WAY

ACQUISITION STATUS IS. >> WELL, I WAS UNDER THE IMPRESSION THE FOUR LANING WAS GOING TO START BEFORE THE FIRST

QUARTER OF '23. >> OKAY.

[03:05:01]

>> YEAH. >> JOHN KINSEY, I'M THE MASTER DEVELOPER OF THE TWIN CREEKS. WE HAVE BEEN COMMUNICATING WITH THE ASSISTANT COUNTY MANAGER AND ATTORNEY'S OFFICE WHAT NEEDED TO BE DONE TO GET BACK UNDER WAY OF WIDENING OF 210 TO THE WEST OF US. THERE HAD BEEN A PERIOD OF TIME WHERE THE COUNTY WAS LOOKING AT SIX-LANING AND THE COUNTY WOULD DO THE WORK. WE LEARNED THE COUNTY WISHES TO GO BACK TO THE ORIGINAL FOUR LANE PLAN AND SO WE'RE TALKING WITH THEM ABOUT WHAT DO WE NEED TO DO IN ORDER TO GET BACK UNDER WAY, THINGS SUCH AS RIGHT-OF-WAY, PERMITTING, UTIL UTILITIES.

A LOT OF THINGS HAVE CHANGED SINCE WE ORIGINALLY HAD THE PROPERTY DESIGNED AND PERMITTED AND WE NEED TO RESOLVE THE ISSUES. IN FACT AS WE WERE HERE THIS MORNING, I SENT AN UPDATE TO THE PROPOSED DOCUMENT ON THAT SUBJECT TO BOTH THE ASSISTANT COUNTY ADMINISTRATOR AND THE COUNTY ATTORNEY ASSUMING THEY WERE ABLE TO GET EVERYTHING RESOLVED AND WE GET PERMITTING AND CONTRACTS BACK UNDER WAY, YES WE'RE LOOKING TO BE UNDER WAY IN THE FIRST QUARTER OF '23.

>> OKAY. FIRST QUARTER OF '23.

IS THERE ANY STAFF THAT CAN, JOY, YOU HAVE BEEN TALKING ABOUT THAT, HAVEN'T YOU? WITH STAFF?

>> YES, SIR. >> IS THAT WHERE WE ARE.

>> THIS IS THE FIRST I HEARD ABOUT THE TIMELINE, MR. KINSEY IS CORRECT. THE STAFF STRONGLY RECOMMENDED THE STAFF TO STAY WITH THE ORDER AND CONSTRUCT THE FOUR LANE.

I FOR ONE WOULD LIKE TO SEE THAT UNDER CONSTRUCTION IN '23.

IS THAT ANSWER, PAUL, YOU >> YES, SIR.

>> OKAY. ALL RIGHT.

I WILL THANK YOU MR. KINSEY. I WILL MOVE TO ENACT ORDINANT

2022- >> 58.

>> APPROVING NEW TWIN CREEKS PUD BASED ON SIX FINDINGS OF FACT AS

LISTED IN THE STAFF REPORT. >> SECOND.

>> WE HAVE A MOTION AND SECOND. >> COMMISSIONER

>> YES, COMMISSIONER WHITEHURST.

>> YES, SIR. >> COMMISSIONER WALDRON.

>> YES. COMMISSIONER BLOCKER?

>> YES, SIR. I VOTE YES.

THAT PASSES 5-0. THAT WILL TAKE US TO ITEM FOUR.

MS. SMITH, DID YOU WANT TO ADD ANYTHING ON FOUR? WE HAD PUBLIC COMMENT WHEN WE COMBINED THEM.

>> SO -- >> NO, SIR.

IT WAS A COMBINED PRESENTATION. I'M PREPARED TO MAKE A MOTION.

I MOVE ITEM 4. MOVE TO ENACT ORDINANCE 2022-

>> 59. >> APPROVING PUD 202206 MOMENTUM TWIN CREEKS PUD BASED ON NINE FINDINGS OF FACT AS LISTED IN

THE STAFF REPORT. >> SECOND.

>> WE HAVE A MOTION AND A SECOND.

WE'RE GOING TO VOTE. COMMISSIONER ARNOLD.

>> YES. >> COMMISSIONER WHITEHURST.

YOO YES, SIR. >> COMMISSIONER WALDRON.

>> YES. >> COMMISSIONER BLOCKER.

>> YES, SIR. >> AND I VOTE YES.

THAT PASSES 5-0. THAT SHOULD TAKE US TO 5, BUT I THINK THAT'S THE ONE THAT MR. BURNETT IS, ARE YOU PREPARED TO GO FORWARD WITH 5 AT THIS POINT MR. BURNETT?

[2. Public Hearing * PLNAPPL 2022-01 Zurlinden Residence Appeal - 34 Marsh Dunes Pl (part 2 of 2)]

>> EXCUSE ME A SECOND. >> I'M SORRY, ARE YOU GOING BACK

TO 2? >> ARE YOU GOING BACK TO NUMBER 2? WE CAN.

WE CAN TAKE UP, WE CAN RECONVENE ON TWO IF BOTH PARTIES ARE PREPARED OR READY. MR. MCKEE, ARE YOU READY TO

RE-COMMENCE ON ITEM >> YES.

>> OKAY. ALL RIGHT.

IF IT'S -- >> IF IT WAS CONVENIENT, SIR?

>> YOU WANT TO TAKE A BREAK? >> AFTER THIS.

WE'RE GOING TO TAKE UP TWO. TAKE A LUNCH BREAK AND GO TO FIVE. EVERYBODY GOOD WITH THAT? AS COMMISSIONER BLOCKER REQUESTED, WE ASKED THE PARTIES TO SEE IF THEY COULD TALK AND MAYBE WORK SOMETHING OUT.

SO COMMISSIONER BLOCKER, I'M PREPARED TO HEAR FROM THEM

UNLESS YOU WANT TO LEAD IN? >> WE MADE A SUGGESTION THAT WOULD BE SOMETHING LESS HARSH AS A FULL APPROVAL OF OUR APPEAL WHICH WOULD BE SIMPLY SHIFTING THE CABANA GUEST HOUSE POOL HOUSE FORWARD TO BE IN CONFORMITY.

SO THAT IT DIDN'T LOOK AS IMPOSING.

SORT OF DECREASES THE HEIGHT OF IT SHIFTING FORWARD.

[03:10:03]

MY CLIENT'S LOTS. >> JUST AND SO THE RECORD IS CLEAR, THE ADDAD PORTION OF THE PROPOSAL WAS EITHER SHIFTED FORWARD OR PAY $200,000 IS THE SETTLEMENT OFFER.

I WILL TELL YOU COMMISSIONERS, I DON'T THINK WE GET THE SETTLED BETWEEN THE PARTIES. MY CLIENT IS WILLING TO OFFER THREE ADDED THINGS TO THE PROPOSAL.

IF YOU LOOK AT THE MAIN HOUSE AND THE GUEST HOUSE, THE AREA IN BETWEEN IS AN OPEN BREEZEWAY. KNOWING THAT, THAT THEN ADDS TO THE OPPORTUNITY FOR THEIR TO BE NOISE BACK AND FORTH OR JUST OTHER SIGHTING BACK AND FORTH, THEY'RE WILLING TO CLOSE THAT BREEZEWAY PERIOD IN GOING SIX COURSES OF BLOCK WITH A STANDARD EIGHT INCH BLOCK. THAT GIVES YOU A SIDE SIZED WALL THAT WOULDN'T BE LOOKING DOWN ON YOUR NEIGHBOR.

THEY ARE WILLING TO DO THAT. SIX COURSES OF 8-INCH BLOCK TO HELP CLOSE IT OUT AND CREATE A WALL THERE.

THEY ARE ALSO WILLING TO COMMIT TO PLANTING THREE PALM TREES IN ADDITION TO THE OTHER LANDSCAPING THEY WERE ALREADY GOING TO DO. THREE PALM TREES SPECIFICALLY ON THE BACKSIDE OF THEIR GUEST HOUSE WHICH IS THE AREA BETWEEN THEIR HOUSE AND THE LAWRENCE'S. ADDITIONALLY AS A THIRD ITEM, THERE WAS AN AIR CONDITIONER ON THAT FAR WEST SIDE OF THEIR HOUSE WHICH WOULD BE CLOSEST TO THE LAWRENCE'S HOME, THEY ARE WILLING TO REMOVE THE AIR CONDITIONER FROM THE FAR WEST LOCATION. ALL THREE THINGS ARE SHOWN ON THE SITE PLAN. THERE'S THREE ADDITIONAL THINGS THEY'RE WILLING TO DO WHICH REALLY COMPROMISES ON ANY KIND OF NUISANCE, ONE THE AIR CONDITIONER BEING CLOSER.

IT'S NO LONGER THERE AND AGAIN THE WALL AND SOME ADDITIONAL

LANDSCAPING. >> QUESTIONS OF THE

>> NO. QUESTIONS.

>> SORRY. MR. MCKEE, YOU SAID THE LAWRENCES BOUGHT THEIR ONLY WITH THE UNDERSTANDING THERE WOULD BE A 20-FOOT SETBACK. YOU CURRENTLY HAVE A 12 FOOT

SETBACK. >> WE'RE OVER EIGHT FEET, TWO

HALF YARDS. >> CORRECT.

>> I JUST WANTED TO CONFIRM THAT, THANK YOU.

>> AND THE PORTION OF THE PROPERTY IN BETWEEN BOTH PARTIES RIGHT NOW IS A DRAINAGE EASEMENT.

I DON'T KNOW HOW REASONABLE IS IT TO PUT TREES AND VEGETATION

IN THAT. >> OKAY.

I WANT TO COME BACK TO WHAT Y'ALL ARE NEGOTIATING HERE.

FIRST OF ALL MR. MCKEE, I WANT TO BRING SOMETHING UP BECAUSE IF TROUBLES ME. YOU HAVE THAT NOTICE THERE.

DO YOU HAVE STILL NOTICE?

>> YEAH. >> BRING IT UP, PLEASE.

[03:15:23]

PLEASE BRING IT UP. NOW BASED ON MY NOTES AND RECOLLECTION, YOU STATED WHEN WE WERE TALKING ABOUT THE WHOLE ISSUE WHO WHETHER YOUR CLIENTS BECAUSE THEY WERE NOT, THEY WERE TOLD THEY WERE NOT ALLOWED TO TALK TO THE COUNTY COMMISSIONERS. DO YOU REMEMBER THAT?

>> THAT'S WHAT DAVID TESTIFIED TO.

>> DO YOU HAVE THE PAPER THAT YOU HIGHLIGHTED.

PLACE IT THERE SO WE CAN SEE IT. YOU HIGHLIGHTED THAT PORTION.

IS THAT CORRECT? >> I UNDERLINED THAT PORTION.

THAT IS CORRECT. >> OKAY.

I'M GOING TO READ THIS. COMMUNICATIONS BETWEEN INTERESTED PERSONS AND MEMBERS OF BOARD OR AGENCY SHOULD BE LIMITED TO PUBLIC HEARING OR WRITTEN EXCEPT WHERE THE ST.

JOHNS RESOLUTION 95-126 IS FULLY COMPLIED.

THIS RESOLUTION IS AVAILABLE FROM THE CLERK OF THE BOARD OF COUNTY COMMISSIONERS AND INCLUDE SAYS DISCLOSURE REQUIREMENTS APPLICABLE TO SUCH COMMUNICATIONS IF YOU HAVE QUESTIONS OR REQUIRE ADDITIONAL INFORMATION, PLEASE CALL THE PLANNING AND ZONING SECTION OF THE SAINT AUGUSTINE AND HAS A PHONE NUMBER. DID YOU READ THAT RESOLUTION?

>> YES. DID YOU READ

HERE? >> YES.

>> THAT'S REFERENCED. >> YES.

>> NO, DID YOU READ THE RESOLUTION THAT IT REFERENCES?

>> YES. SO YOU READ THIS RESOLUTION THAT TALKS ABOUT EX PARTE COMMUNICATIONS WHICH JUST NEEDS TO BE DISCLOSED AT PUBLIC HEARING WHICH YOU DID.

>> DID YOU ADVISE YOUR CLIENTS BECAUSE YOUR CLIENT STOOD UP HERE IF I HEARD HIM CORRECTLY, THAT NOTICE DISCOURAGED THEM FROM CONTACTING THE COUNTY COMMISSIONERS.

>> I DID NOT ADVISE MY CLIENTS ABOUT ANY OF THIS.

ABOUT WHETHER OR NOT THEY SHOULD COMMUNICATE WITH YOU OR NOT: I CANNOT CONTROL WHAT MY CLIENTS DO OR SAY ON THEIR OWN.

THEY MADE ATTEMPTS TO REACH OUT IN WRITING.

THAT'S WHAT THEY DID. DAVID CAME UP HERE AND EXPLAINED

THAT. >> I THINK WHAT YOU ACTUALLY SAID WHEN YOU STOOD UP HERE IS Y'ALL DIDN'T MAKE THIS UP AS FAR AS THE COMMUNICATION PIECE. I THINK THAT'S WHAT I WROTE DOWN WHEN YOU WALKED UP HERE AND SAID HEY WE DIDN'T MAKE THAT UP.

DID YOU SAY THAT? OKAY.

SO JUST SO WE'RE CLEAR, THROUGH THE CHAIR, I'M GOING TO ASK OUR COUNTY ATTORNEY TO EXPLAIN WHAT THAT ADDRESSES.

CLARIFY WHAT THE PROCESS IS HERE.

>> SURE, I WILL TRY TO KEEP THIS BRIEF, BUT SUCCINCT ENOUGH.

THEY WERE, THERE'S BEEN CONCERNS IN THE PAST OVER PROCEDURAL DUE PROCESS AND EX PARTE. IN 1995, THE FLORIDA LEGISLATURE PASSED A LAW STATING A COUNTY OR MUNICIPALITY MAY ADOPT AN ORDINANCE REMOVING, THAT SETS UP THE PROCEDURES TO HANDLE.

LATER IN THE SAME YEAR, THE BOARD OR THE PREVIOUS YEAR, THE BOARD IN 1995 PASSED THAT RESOLUTION WHICH WAS A REQUIRED PREREQUISITE UNDER THE NEW STATUTE IN ORDER TO HAVE EX PARTE COMMUNICATIONS. THAT SAYS THEY ARE ALLOWABLE AS LONG AS THEY ARE DISCLOSED AT THE BEGINNING OF THE EX PARTE

HEARING. >> IS THERE ANYTHING THAT PREVENTS MR. MCKEE'S CLIENTS FROM CONTACTING US?

>> NO. WE HAD MULTIPLE MEMBERS OF THE STAFF THAT SAID THEY WERE NOT ALLOWED TO REACH OUT TO COUNTY COMMISSIONERS AND HAVE MEETINGS. WHATEVER TERESA SAID TO HIM.

I DIDN'T SAY THAT TO THEM. TERESA SAID THAT TO HIM.

WHATEVER JACOB SAID TO HIM, JACOB SAID THAT TO HIM.

IS TERESA BISHOP HERE? >> THROUGH THE CHAIR.

I WOULD LIKE MS. BISHOP TO COME UP.

>> TO BE CLEAR, WE DIDN'T MAKE AN ARGUMENT ONE WAY OR ANOTHER THAT THE BOARD WAS BEING PREJUDICED.

>> YOUR CLIENT STOOD UP HERE AND MADE REPRESENTATIONS TO THIS BOARD. WE'RE TRYING TO EVALUATE.

THIS IS VERY CONTENTIOUS. WE TRIED TO GIVE Y'ALL THE OPPORTUNITY TO RESOLVE THIS. MS. BISHOP,

>> YES, SIR. DID YOU TELL MR. LAWRENCE HE WAS NOT ALLOWED TO MEET WITH THE COUNTY COMMISSIONERS?

>> NO, SIR. >> DID YOU HAVE A CONVERSATION

WITH THEM? >> YES, SIR.

[03:20:01]

WAS? >> I TALKED TO HIM TWICE AT TWO DIFFERENT OCCASIONS THAT I CAN RECALL.

AND IT WAS ABOUT HOW THE MISTAKE HAPPENED, AND IF I COULD CORRECT IT. AND WHAT I RECALL TELLING HIM WAS THE CORRECTION WAS THROUGH THE VARIANCE.

>> AT ANY TIME DID MR. LAWRENCE INDICATE HE WANTED TO MEET WITH THE COUNTY COMMISSIONERS? I DON'T RECALL.

>> I CAN'T SAY ONE WAY OR THE OTHER.

>> MR. CONRAD AS THE COUNTY ADMINISTRATOR, HAS YOUR STAFF DISCOURAGED APPLICANTS FROM MEETING WITH

>> NO, SIR. >> OKAY.

MR. CHAIRMAN, IT'S IMPORTANT BECAUSE THAT WAS BROUGHT UP.

THIS RESOLUTION THAT WAS REFERENCED AND MR. MCKEE, YOU DID PUT THAT UP THERE. THIS DOES NOT PREVENT INDIVIDUALS FROM MEETING WITH COUNTY COMMISSIONERS.

>> I NEVER MADE THAT CLAIM. >> WHAT YOU SAID IS YOU PUT IT THERE IF I WROTE DOWN CORRECTLY AND SAID WE DIDN'T MAKE THIS UP.

IT'S RIGHT HERE IN THE NOTICE AND YOU HELD IT UP.

>> THAT'S A LITTLE OUT OF CONTEXT.

YOU ASKED ME IF I HAD A COPY OF THE NOTICE OF WHAT EXPLAINED THE TYPE OF COMMUNICATION AND I PRODUCED IT.

I SHOWED IT. RIGHT.

IT'S VERY CLEAR THAT YOU CAN HAVE EX PARTE COMMUNICATIONS AS

LONG AS THEY ARE DISCLOSED. >> DID YOU CLIENT EVER ASK YOU

ABOUT THAT? >> NO.

MR. CHAIR, IF YOU WILL ALLOW, MR. BURNETT, HAVE Y'ALL BEEN

ABLE TO REACH -- I MEAN -- >> NO, SIR.

OTHER THAN AS I OUTLINED BEFORE THE -- END RESULT IS THEY WANT THE STRUCTURE MOVED IN ACCORDANCE WITH THE 20-FOOT VARIANCE EVEN THOUGH IF THERE WAS NO VARIANCE IN PLAY, THAT STRUCTURE COULD BE BUILT AT 10 FEET SHORT OF THAT, THEY WANT

$200,000. >> OKAY.

WHAT IS THE $200,000 FOR? >> I'M SORRY.

>> WHAT IS THE $200,000 FOR? >> THERE WAS AN OFFER MADE TO TRY TO RESOLVE THIS CASE AND IT WAS FOR DIMINUTION AND VALUE OF THE HOME OF THE LAWRENCES. THAT'S HOW THEY CAME UP WITH THE

NUMBER >> THEY PRESENT THEM WITH THE OPTIONS. WE PRESENT TO THE OTHER SIDE.

WE DON'T CONTROL EXACTLY WHAT THEY WANT.

>> OKAY. MR. CHAIRMAN.

THAT'S ALL I HAVE. >> OKAY.

ANY OTHER COMMENTS FROM THE COMMISSIONERS? IS THERE A MOTION? MR. CHAIRMAN, I MAKE A MOTION TO DENY PLANNING 2022-1 ZURLINDEN RESIDENCE APPEAL.

2022-15 UPHOLDING THE PONTE VEDRA ADJUSTMENT BOARD.

>> SECOND. >> I'M A SECOND.

>> MOTION AND A SECOND. >> AGAIN, VOICE VOTE.

COMMISSIONER >>

>> COMMISSIONER WHITEHURST. >> YES.

>> COMMISSIONER WALDRON. >> YEAH.

>> COMMI

[5. Public Hearing * MAJMOD 2022-02 Ellianos Coffee Shop.]

>> ALL RIGHT. WE ARE READY TO BEGIN RECOMMENCE. WE'RE NOW ON ITEM 5.

ITEM 5 AND ON ITEM 5. IT'S ALSO A QUASI JUDICIAL EX PARTE. I WILL START WITH COMMISSIONER

ARNOLD. >> THANK YOU MR. CHAIRMAN.

ON THURSDAY, SEPTEMBER 1ST, 2022, AT APPROXIMATELY 12:30 P.M. I MET WITH DOUG BERNET AND DISCUSSED THE COFFEE SHOP AND THE PROPOSED TRAFFIC PATTERN AND THE SCOPE OF THE GENERAL.

>> OKAY. >> ON THURSDAY SEPTEMBER FIRST, 2:30, MET WITH DOUG BURNETT AND THE APPLICANT JAMES AND STAFF.

WE DISCUSSED REALLY THE MOST OF OUR TIME DISCUSSING TRAFFIC AND THE STACKING AND THE POTENTIAL SPILL OVER FROM ELLIANOS INTO PROPERTY. OKAY ON SEPTEMBER 1ST, AROUND 4:30, I MET WITH DOUG BURNETT AND BASICALLY DISCUSSED ALL THE ISSUES SURROUNDING THE ISSUE OF THE PARKING, THE BACKING UP AND

[03:25:04]

ANYWAY. THAT WAS IT.

COMMISSIONER WALDRON, ANY EX PARTE ON NUMBER 5?

>> YES, SIR, I HAD A PHONE CONVERSATION ON AUGUST 25TH, THURSDAY AT 2:30 P.M. WITH DOUG BURNETT AND HIS CLIENT.

WE DISCUSSED THE TRAFFIC ISSUES, THE INGRESS AND EGRESS FOR THE COFFEE SHOP PLUS THE DOLLAR GENERAL IN THE AREA AND CHANGES THAT WERE ASKED BY DOT AND CONCERNS OF BACK UP TRAFFIC.

THAT'S IT, MR. CHAIRMAN. >> THANK YOU, COMMISSIONER

BLOCKER. >> I HAD A PHONE CALL WITH MR. DOUG BURNETT ON FRIDAY SEPTEMBER SECOND AT 1 P.M.

WE BRIEFLY SPOKE ABOUT THIS PROJECT, SOME OF THE ISSUES WITH TRAFFIC, HE ASKED IF I HAD ADDITIONAL QUESTIONS.

I DID NOT. >> OKAY.

THAT TAKES CARE OF EX PARTE ON 5.

SO, WE WILL NOW TURN IT OVER TO THE I GUESS THE WHO IS STARTING

THIS? >> YES, COMMISSIONERS, THIS IS AGAIN A PUBLIC HEARING FORMAT. WE HAVE AN ADVERSELY AFFECTED PARTY REPRESENTED BY DOUG BURNETT.

THE APPLICANT IS REPRESENTED BY PLANNER JANUSZ FEET.

I WOULD LIKE TO SAY I'M THE APPLICANT AND MR. BURNETT IS NOT THE APPLICANT. IF THERE WAS MISCONFUSION, COMMISSIONER ARNOLD, THEY ARE NOT THE APPLICANT.

>> I APPRECIATE YOU CLEARING THAT UP.

>> TIMING WISE, IS JUST THE SAME, TALKING ABOUT --

>> 15:00 EACH. >> I THINK WE'RE READY.

>> THANK YOU AND APPRECIATE IT. SO I'M JANICE FLEET, FLEET AND ASSOCIATE ARCHITECTS PLANNER, IN JACKSONVILLE, I AM THE APPLICANT REPRESENTING ELLIANOS COFFEE AND SCOTT COLE, THE TRUST THAT OWNS THE PROPERTY. JUST TO GIVE YOU SOME, THIS IS, IT'S APPROXIMATELY THE ELIANA SITE IS APPROXIMATELY POINT 77 ACRES ON STATE ROAD 207. TWO MILES FROM I-95 SOUTH OF THE HOME TOWN LANE AND HILL TOP ROAD WHERE THEY COME ON ON STATE ROAD 207. THIS IS PART OF THE FUTURE LAND USE MAP, IS MIXED USE DISTRICT. SO WHICH ALLOWS VARIOUS VARIETY OF DEVELOPMENT SOME THE ZONING FOR THIS PROPERTY IS PUD, THIS IS A 1997 PUD THAT WAS ADOPTED FOR THE INDIAN FOREST CAMP GROUND AND PUD. THAT WAS ORIGINAL ADOPTED IN 1997 AND A MAJOR MODIFICATION IN 2007.

THAT'S WHERE OUR SITE IS RELATIVE TO THE ENTIRE PUD FOR THAT WAS APPROVED. THIS IS THE ORIGINAL PUD SITE PLAN. WHICH THE LARGEST PORTION OF IT IS INDIAN CREEK, INDIAN FOREST CAMP GROUND AND COMMERCIAL PARK.

IF YOU LOOK IN THE WHITE AREA IN THE FRONT, THAT'S THE AREA THAT WAS THE MAJOR MODIFICATION IS THE COMMERCIAL PART OF PUD THAT WE WILL BE DISCUSSING IN MORE DETAIL AS WE MOVE FORWARD.

SO BACK IN 2007, THERE WAS A MAJOR MODIFICATION FOR THE COMMERCIAL PARCELS ALONG 207. THERE ARE THREE PARCELS.

THE ONE THAT WAS BUILT IS THE DOLLAR GENERAL PARCEL AND YOU CAN SEE THE PROPERTY LINES. THE SECOND PARCEL IS THE ONE WE'RE DEALING WITH ASKING FOR MAJOR MODIFICATION ON AND THE THIRD PARCEL WAS IN THE PUD, THERE WAS AN EXISTING DEVELOPMENT WHICH I WILL GO INTO DETAIL IN MY SLIDE PRESENTATION.

IN THIS MAJOR MODIFICATION IN 2007, THERE WAS THREE PARCELS AND THREE BUILDINGS. BUILDING ONE WAS THE DOLLAR GENERAL, 9100 SQUARE FEET AND 43 PARKING SPACES.

THERE WAS A MIDDLE FOR 6900 SQUARE FEET OF COMMERCIAL AND 43 PARKING SPACES. THAT IS THE PARCEL THAT WE ARE DISCUSSING TODAY. AND THEN THERE WAS A THIRD PARCEL WITH PROPOSED A THIRD BUILDING WITH 7000 SQUARE FEET

[03:30:03]

WHICH IS THE ELLIANOS COFFEE SHOP, FOR THE PROPOSED ELLIANOS.

THE THIRD PARCEL IT WAS A BACKWARDS L IS THE BEST WAY TO SAY. THE WESTERN PARCEL.

THAT WAS PART OF THAT PUD. IT SHOWED A COMMERCIAL SHOPPING CENTER AND THIS WAS ADOPTED IN 2007 BUT THIS BUILDING HAS BEEN THERE SINCE COUNTY RECORDS SINCE 2005.

THIS WAS THERE AND IT IS ONE PARCEL THAT HAS I THINK IT'S CONSTRUCTION DEBRIS REMOVAL ON IT AND HAS BEEN A BUSINESS THAT HAS BEEN EXISTING SINCE DURING THAT TIME.

SINCE 20 -- AT LEAST 2005. IT WAS IN EXISTENCE IN THE PUD IN 2007. AND I WASN'T INVOLVED IN THAT AS WELL AS MY CLIENT WASN'T INVOLVED.

SO THEN WHAT WE'RE ASKING FOR IS THAT MIDDLE PARCEL.

THE ONE IN YELLOW. AS I SAID, THE OFFICE PARK IS KIND OF SOUTHWEST. THE DOLLAR GENERAL IS NORTH.

THAT IS THE ONLY PART OF THE MAJOR MODIFICATION.

IT'S A BASIC VACANT SITE. I WANT TO DRAW YOUR ATTENTION THAT SITE THAT THE ASPHALT THERE IS A CONNECTION EXISTING FROM THE DOLLAR GENERAL INTO THE SUBJECT PROPERTY THAT WE'RE DISCUSSING. IT WAS PLANNED TO GO STRAIGHT INTO YOU KNOW OUR PROPERTY. THE ELLIANOS COFFEE SHOP PROPERTY. SO, THIS MAJOR MODIFICATION IS RECONFIGURING THE SITE FOR THE ELLIANOS COFFEE SHOP.

BUILDING TWO, WE'RE REDUCING THE COMMERCIAL BUILDING, THAT WAS APPROVED FOR 6900 SQUARE FEET DOWN TO 800 SQUARE FEET.

WE'RE REDUCING THE NUMBER OF PARKING SPACES FROM +43 DOWN TO SIX PLUS 1 HANDICAP. THE ELLIANOS COFFEE SHOP IS DRIVE THROUGH ONLY. NO INDOOR SEATING AND A DRIVE THROUGH COFFEE SHOP IS AN APPROVED PERMITTED USE IN THE APPROVED PUD. SO WE'RE NOT ASKING FOR ANY NEW USE. THIS HAS BEEN APPROVED SINCE AT LEAST 2007. INITIALLY WHEN WE CAME IN, WE WERE LOOKING FOR RIGHT TURN RIGHT TURN OUT AND THAT WE CAME TO THE PLANNING AND ZONING AGENCY AT THEIR JULY MEETING, AND THERE WAS SOME DISCUSSION, SOME COUNTY STAFF DIDN'T WANT -- FELT THAT WAS NOT A GOOD IDEA TO HAVE THE RIGHT TURN OUT SO CLOSE TO HOME TOWN LANE. SO PLANNING AND ZONING AGENCY ASKED US TO WORK WITH THE COUNTY STAFF AND DOT WHICH WE DID, CAME BACK TO WORK AND ALSO HAD QUESTION WITH INTERCONNECTIVITY TO THE PARCEL TO THE WEST. WE MET WITH COUNTY STAFF AND THEN COUNTY STAFF MET WITH US WITH FDOT AND WE WORKED OUT THE ISSUES THAT WERE BEFORE US TO WHAT WE CALL A RIGHT TURN OUT ONLY ACCESS ON 207 AND COUNTY STAFF AGREED AND THEY CLOSED ALL OUTSTANDING ISSUES AS WELL AS DOT DID ALSO.

SO ALL THOSE WERE CLEARED UP BEFORE WE CAME TO PZA AND ADDED INTERCONNECTIVITY TO ALL PARCELS WHICH WAS ORIGINALLY IN THE 2007 APPROVED PUD. WHAT IT ALSO DID, WE EXPANDED RETENTION, WE'RE MAINTAINING THE LEGACY TREES ON THE PROPERTY AND MEETING ALL THE LANDSCAPING CODE REQUIREMENTS.

WE DID SUBMIT TO RESPOND TO SOME OF MR. BURNETT'S CONCERNS.

WE RE-SUBMITTED AN MDP MAP. I DON'T KNOW IF YOU'VE GOT IT.

A REVISED ONE SUBMITTED. I CAN PRESENT IT TO YOU.

IN A MINUTE. I HAVE TO GO BACK.

BEFORE I EDIT. THAT RESPONDED TO HIS CONCERNS BUT THE BIGGEST THING WE DID AND SUBMITTED TO THE STAFF WHEN I SUBMITTED THIS POWER POINT ON FRIDAY, WE REDUCED THE MDP MAP TO JUST OUR PARCEL BECAUSE THERE WAS A LOT OF CONFUSION WHEN

[03:35:03]

SO THE ONE THING IS, ONE OF THE CONCERNS WITH STACKING WHICH YOU MENTIONED IN MR. BURNETT'S CONCERNS AND ELLIANO'S COFFEE SHOP, WHEN I HAVE MR. CHAD STEWART IS HERE WITH ME TODAY, WHO IS ACTUALLY GOING TO BE, THIS WILL BE HIS STORE BUT HIS FATHER STARTED ELLIANO'S COFFEE SHOPS ABOUT 20 YEARS AGO.

THEY KEEP UNBELIEVABLE STATISTIC OF EVERY ONE OF THEIR BUSINESSES FOR THEIR OWN USE BECAUSE IF YOU CAN'T COME IN AND GET YOUR COFFEE AND GET OUT, YOU'RE NOT GOING TO COME IN.

YOU'RE GOING TO GO SOMEWHERE ELSE.

THERE'S TOO MANY COMPETITION. THEY KEEP VERY DETAILED STATISTIC. THIS IS AN EXAMPLE OF HOW THEY HAVE IT BY HOURS OF VISITS ET CETERA.

JUST TO LET YOU KNOW, THEY HAVE A TWO-WINDOW SYSTEM.

2 ORDERING LANES SYSTEM. 47.8 % OF TRAFFIC GOES TO LANE ONE. 52.1 GOES TO LANE TWO.

THE AVERAGE SERVICE TIME IS 2.3 MINUTES FOR THE VEHICLE FOR THE ENTIRE MONTH AND THEIR FASTEST, THEY REALLY WORK ON FAST SERVICE TIMES BETWEEN 7 AND 9 AND AVERAGES 1.9 MINUTES DURING THIS TIME IS YOUR WAIT TIME. THE OTHER THING INTERESTING, 50% OF THE SALES HAPPEN AFTER 12:00. THERE'S BUSIEST TIME IS BETWEEN 8:00 AND 9:. IT'S 98% CHANCE THEY WOULD HAVE MORE THAN 12 CARS ON THE SITE. THEY FEEL CONFIDENT THEY CAN HANDLE ALL THE CARS STACKING ON THEIR SITE.

THIS IS WHAT THE ELIANA COFFEE SHOPS LOOK LIKE.

THE DRIVE THROUGH FACILITIES. AS I SAID, WE WORKED HARD WITH STAFF TO DEAL WITH ALL OF THE OUTSTANDING COMMENTS THAT THEY DETERMINED IT WAS NEEDED TO BE MAJOR MOD BUT THIS WAS A PERMITTED USE. WE REVISED AS I MENTIONED EARLIER FOR THE RIGHT TURN ONLY WITH FDOT AND MAINTAINS THE REQUIRED INTERCONNECTIVITY BETWEEN THE COMMERCIAL PARCELS ALONG STATE RIGHT 207. WE ALREADY HAVE THE DOT AGREES.

THE PERMIT SPACING IS 200 LINEAR FEET.

DOT WOULDN'T APPROVE THE RIGHT IN RIGHT OUT.

DRAINAGE, WE GOT APPROVED. UTILITIES, WE HAVE OUR WATER MANAGEMENT DISTRICT AND PERMIT HAS BEEN APPROVED ON SITE FOR STORMWATER MANAGEMENT ON SITE. WE FEEL THIS PROTECTS EXISTING TREE CANOPY. IT PROMOTES ORDERLY DEVELOPMENT ALONG STATE ROAD 207 AND IT'S COMPATIBLE WITH THE SURROUNDING DEVELOPMENT ON STATE ROAD 207. AS I MENTIONED, COUNTY STAFF IS IN AGREEMENT WITH THE REVISED PLAN WE SUBMITTED TO THE PZA IN THE AUGUST MEETING AND PLANNING AND ZONING AGREED BECAUSE THEY RECOMMENDED APPROVAL OF THIS MAJOR MODIFICATION ON 5-0 VOTE.

WE FEEL COMFORTABLE. THE ONLY REASON FOR THE MAJOR MODIFICATION IS ONLY FOR THE ACCESS ON STATE ROAD 207.

A DRIVE THROUGH COFFEE SHOP WOULD BE ALLOWED USE IN THE PUD.

ACCESS THROUGH THE DOLLAR GENERAL WAS IDENTIFIED IN THE 2007 MDP MAP FOR THE INDIAN CREEK CAMP GROUND AND COMMERCIAL PUD AND RECORDED LEGAL ACCESS AGREEMENT EASEMENTS PROVIDE FOR CROSS ACCESS BETWEEN THE TWO PROPERTIES.

WE COULD ACTUALLY DO ONE AND HERE'S AN EXAMPLE WITH POTENTIAL SITE WITH NO ACCESS ON 207 AND OBVIOUSLY THERE WOULD BE MORE STACKING ON THE ADJOINING PROPERTY.

IF WE HAD TO, WE WOULD DO IT. AND WE HAVE A POTENTIAL SITE PLAN TO SHOW IT. SO WE HOPE THE BOARD OF COUNTY COMMISSIONER, WE HOPE YOU WILL APPROVE THIS MAJOR MODIFICATION.

IT'S CONSISTENT WITH THE GOALS AND OBJECTS AND POLICIES OF THE COMPREHENSIVE PLAN AND THE LAND DEVELOPMENT CODE.

PROMOTES ORDERLY GROWTH AND IT COMPATIBLE WITH SURROUNDING AREA AND DEVELOPMENT AND RECOMMENDED BY THE PLANNING AND ZONING BOARD 5-0 VOTE. WE ARE HERE FOR ANY QUESTIONS.

[03:40:03]

I APPRECIATE YOUR TIME. >> QUESTIONS?

>> MR. BURNETT? CHRISTINE SAME THING.

15:00. >> SINCE I HAVE ONE MORE MINUTE, LET ME GIVE YOU THAT MDP MAP. DO YOU WANT ME TO PROCEED OR

WAIT MR. CHAIR? >> WELL, JUST OUT OF CURIOSITY.

IT SAYS PROPOSED MDP REVISION. HAS COMMISSIONER WALDRON SEEN THIS? DO YOU KNOW?

>> MR. CHAIRMAN, IF THEY PUT IT ON THE OVERHEAD, I WILL BE ABLE

TO SEE IT. >> WE NEED IT ON THE OVER HEAD.

>> IS THIS IT? >> IT'S THE SAME PLAN.

THE MDP GIVES THE STATISTIC, THE LEGAL AND OTHER ISSUES THAT WERE OUTLINED AND SOME OF THE OTHER CORRECTIONS, THE MAP IS THE SAME. THE SITE PLAN IS THE

>> OKAY. THANK YOU.

>> >> LET ME GET MY POWER POINT

BACK UP. >> WHILE THEY'RE GETTING MY POWER POINT BACK UP, ONE THING RELATED TO THIS MDP MAP THAT YOU'RE BEING GIVEN TODAY IS THIS IS WHAT HAPPENED AT PZA, A LAST-MINUTE WE'RE GOING TO REDRAW THE SITE AND SLIDE IT IN THERE BEFORE PZA. MY CLIENT COMPLAINED OF IT THEN AND WE'RE COMPLAINING THIS NOW. WE WERE HANDED THIS OVER THE LAUNCH HOUR. I WILL ADJUST MY POWER POINT ON THE FLY. THIS IS REALLY SOMETHING THAT WE GET SOMETHING LIKE THIS LAST MINUTE.

JUST TO SHOW YOU THE SITE IN OUR VIEW OF THE SITE.

ONE THING ON HERE THAT'S IMPORTANT IS, THIS MIDDLE AREA OF THE RED IS LOSELY THE ELLIANOS COFFEE SHOP.

DOUG BURNETT, ST. JOHNS LAW GROUP.

MAIN STREET. BUT YOU CAN SEE THE BLUE LINE SHOWS YOU WHERE THIS SITE LAID OUT BEAUTIFULLY FOR INTERCONNECTIVITY. IF YOU SEE WHERE THE BUILDING IS FOR CDR. BY THE WAY, THIS YELLOW IS THE OUTLINE OF THE COMMERCIAL FOR THE OVERALL PROJECT.

THEY'RE NOT SHOWING THE CONNECTION LEFT AND RIGHT ANYMORE, WHICH IS A CODE REQUIREMENT AND NOT SHOWING HOW THAT COULD ACCESS TO THE RIGHT. THERE'S OBVIOUSLY A BUILDING THERE. YOU DON'T COME OVER AND COME STRAIGHT ACROSS. THAT'S DEPICTED ON THE SITE PLAN. THEY'RE TALKING ABOUT ACCESS FOR INTERCONNECTIVITY FOR THIS LOCATION.

YOU CAN SEE IT LOOKS LIKE THAT'S NOT GOING TO FUNCTION WHERE THAT INTERCONNECTIVITY WOULD BE. ANOTHER THING, I KNOW MS. FLEET POINTS OUT AND SAYS WE WOULDN'T NEED TO COME BACK HERE BECAUSE WE'RE ASKING FOR THESE THINGS. THEY ARE ALSO MAKING INTERCONNECTIVITY NONFUNCTIONING.

IT'S A SUBSTANTIAL CHANGE IN OPEN SPACE WHICH TRIGGERS A MODIFICATION. THEY ARE RECONFIGURING PARKING AND TRYING TO WAIVE MDP MAP REVISIONS WITHOUT ASKING FOR A WAIVER TOOL. IT LOOKS LIKE THEY ADDRESSED THE LEGAL. THEY DID NOT ADDRESS THE LEGAL DESCRIPTION BY HAVING A LEGAL DESCRIPTION IN A TRADITIONAL FORM WHERE YOUR STAFF CAN TELL WHERE THAT CLOSES.

THIS IS SOMETHING THAT HAPPENS WITH A DEED CHECK.

THEY OBVIOUSLY HAVEN'T GOTTEN TO SEE THIS BEFORE TODAY.

MAYBE THEY HAVE BECAUSE THERE'S A SEPARATE LEGAL DESCRIPTION EXHIBIT. IT'S NOT SOMETHING THAT'S BEEN ROUTED TO THE DEPARTMENTS. I DON'T THINK THE LAST SUBMITTAL WAS ROUTED TO THE VARIOUS DEPARTMENTS.

INTERNAL STREET SYSTEM, NOW THEY HAVE THE NEW PLAN, THEY'RE NOT SHOWING ANY STREETS INTERNAL GOING EAST OR WEST.

IT DOESN'T SHOW CONNECIVITY WITHIN THE SITE WHICH IS A LAND DEVELOPMENT CODE REQUIREMENT UNDER NUMBER TWO UP THERE THAT I HAVE SHOWN. THE BUFFERS LOOKS LIKE THEY DEPICTED. LOOKS LIKE THEY HAVE PARKING SPACES. HERE'S A PROBLEM WITH THE PARKING SPACES. WHERE DO VEHICLES PARK IF THE ORDER IS TAKEN TOO LONG OR A DRIVER RETURNS FROM AN ERROR?

[03:45:01]

OTHER ERRORS. THERE'S NO SIDEWALK ACCESS DEPICTION TO THE WEST. THEY ARE SHOWING INTERC INTERCONNECTIVITY. THEY ADDED THE 100-YEAR FLOOD PLAIN. UNIQUE REQUIREMENTS.

I KNEW THE ORIGINAL MDP SHOWED SPECIMEN TREES AND THEN I TOLD THERE WASN'T. NOW SHE SAID THEY'RE GOING TO PROTECT THE SPECIMEN TREES. IF YOU LOOK ON THE MDP AND COMPARE THE MDP MAP RECORDED, IT SHOWS YOU TWIN 24-INCH OAK.

TWIN 30-INCH OAK AND SHOWS WHERE THEY ARE.

IT APPEARS ON THE ELLIANOS SITE AND THEY ARE NOT DEPICTED OR CALLED OUT. THEY DELETED THE GENERAL NOTES SECTION. THIS ENTIRE SECTION IS NO LONGER SUBJECT TO THEIR PROJECT. THE GENERAL NOTES DOES TALK ABOUT THE SPECIMEN TREE. THEY FIXED THE WORD COMMERCIAL BEING MISSPELLED. HAVE A LEGAL DESCRIPTION NOW.

BUT IF YOU COMPARE THE TWO, IT'S VERY INTERESTING.

THIS DOT RIGHT HERE IN THIS LOCATION RIGHT HERE, AND THIS ONE HERE. THOSE WERE CALL OUTS FOR THE SPECIMEN TREES. BOTH LOOK LIKE THEY ARE ON THE ELLIANOS SITE. THEY ARE PROVISIONING FOR THEM.

IF YOU LOOK ON THE SITE NOW, IT LOOKS LIKE A MINIMUM OF A BANK OR THE RETENTION POND IS WITHIN THE SPECIMEN TREE OR THE SPECIMEN TREE DRIP LINED. THEY ARE ASKING FOR MORE THINGS.

NOT POINTING OUT IN THE APPLICATION AND THE THREAT THEY COULD COME BACK AND IF THIS IS DENIED, THEY COULD GO AHEAD AND MOVE FORWARD WITH THIS, WE WOULD CONTEST.

ONE THING TO NOTE IS THEY ARE TALKING ABOUT HAVING TO CROSS, THIS IS GOING BY THE SITE PLAN IN YOUR PACKET, THEY ARE TALKING ABOUT HAVING TO CROSS MY CLIENT'S PROPERTY.

THERE'S A PRIVATE EASEMENT. IT DOESN'T ALLOW THEM TO BLOCK IT. THEY HAVE A LIMITED RIGHT TO CROSS IT NOT TO PARK THERE AND IT'S FUNNY BECAUSE THAT KIND OF MIRRORS WHAT IS IN YOUR LAND DEVELOPMENT CODE.

THERE NEEDS TO BE ADEQUATE AUTOMOBILE STACKING SPACE.

THAT'S WHY THIS NEW DRAWING TALKS ABOUT STACKING.

ELLIANO COFFEE SAID 7 OCCURS PER DRIVE THROUGH.

I HEARD 12. IT'S INTERESTING YOU LOOK AT THE REPORT THAT HAS BEEN SUBMITTED TO THE COUNTY AND DOWN THERE SAYS SEVEN VEHICLES QUEUE PER WINDOW WITH A 95% CONFIDENCE.

THAT'S 14 VEHICLES ON THE SITE AT ANY ONE TIME.

IF YOU LOOK AT THEIR SITE PLAN, THEY ONLY HAD SIX IN ONE LANE AND FOUR IN THE OTHER LANE. WHY DON'T THEY SHOW YOU? THAT'S 10. WHY DON'T THEY SHOW THE OTHER ONES? IF YOU LOOK AT THE MY CLIENT'S PROPERTY LINES, YOU GET TWO-AND-A-HALF CARS ON DOLLAR GENERAL IN QUEUE WAITING TO GO THROUGH THE DRIVE THROUGH BLOCKING THE TRACTOR TRAILER LOADING DOCK IN EXISTENCE FOR DOLLAR GENERAL. THAT'S IF YOU HAVE AN OPEN SPACE. THIS DOES APPEAR LIKE THE CHIK-FIL-A OF COFFEE SHOPS. UNLESS THIS IS THE NEW MODERN VERSION OF CHIK-FIL-A. THIS IS REALLY DEPENDENT.

THIS IS CRITICAL ON THE DRIVE THROUGH ASPECT AND THE QUEUEING.

IF YOU LOOK AT THE OTHER SCENARIO AND SAY, WELL, THEY'RE NOT GOING TO LEAVE SPACE THERE SO WE'RE ONLY GOING TO HAVE TWO CARS QUEUED UP ON DOLLAR GENERAL SITE.

STILL BLOCKS THE TRACTOR TRAILER.

NOW THEY HAVE GRID LOCK BECAUSE THE 5TH CAR IN THAT FIRST LANE IS BLOCKING THE OTHER CARS. THERE'S NOT GOING TO BE CIRCULATION. IF I SKIP PAST THAT, THEY HAVEN'T SHOWN ONE CAR TRYING TO LEAVE.

WE KNOW JUST FROM COMMON SENSE OF DRIVING DOWN 207 PEAK HOUR AM PEAK HOUR, YOU'RE NOT GOING TO WHIP OUT ON 207 UNLESS THERE'S A BREAK IN TRAFFIC FROM THE RED LIGHTS.

THERE'S GOING TO BE STACKING. LOOK AT WHERE THIS REPORT IS FROM. IT'S FROM CHAFY ROAD? JACKSONVILLE. THAT'S WHERE THEY GET THEIR 14 CARS QUEUEING. WHAT IS INTERESTING ABOUT THAT, I PULLED THE CITY OF JACKSONVILLE'S LINK UNLESS ON THEIR WEBSITE AND LOOKED AT BETWEEN I-10 AND CRYSTAL SPRINGS

[03:50:07]

THAT'S WHERE THE REPORT THEY HAVE SUBMITTED TO SAY, 14 TOTAL CARS, 7 PER WINDOWS THIS CHAFY ROAD LOCATION.

IF YOU LOOK AT THAT AND COMPARE TO THE ST. JOHNS COUNTY SPREADSHEET OF TRAFFIC, AND WE'RE AT LINK 109 ON THIS SECTION OF 207, YOU SEE QUICKLY THIS IS A CRITICAL LINK WITH 30,000 TRIPS. OUR LINK HAS 12,000 MORE CARS ON IT THAN WHAT THEY USED FOR THEIR REPORT.

THAT'S 12,000 MORE TRIPS IF YOU COMPARE.

12,000 TRIP SYSTEM WHAT IS ON WILD WOOD AND LONG LEAF VINE PARK WAY. 12,000 TRIPOS MICKLER.

THAT GIVES YOU THE IDEA OF ADD BURDEN OF TRAFFIC ON 207 FLOWING PAST THE SITE. IF THERE'S 12,000 MORE TRIPS, IT HAS TO DEMAND MORE STACKING. IT'S A 66% DIFFERENCE BETWEEN THE TWO. I WANT TO ASK JAMES TO JOIN ME FOR A MOMENT. I KNOW YOU MET JAMES CARIS IS THE MANAGING MANAGER OF OAK TREE SAINT AUGUSTINE LLC WHICH OWNS

THE LAND. >> JAMES CARIS, 1515 ROUTE 207.

AS I SAID IT, YOU HAD NELSON CAP RIS LICENSED FLORIDA ENGINEER LOOK AT THIS SITE AND SPOIL THE ELLIANOS SITE AND HOW IT WOULD

IMPACT YOUR STORE. >> YES.

>> COULD YOU WALK THE COMMISSION YOUR THOUGHTS.

>> THE PARKING IMMEDIATELY IN FRONT, THE ROADWAY IS GOING TO CAUSE THROUGH TRAFFIC. WHAT IS GOING TO HAPPEN, YOU HAVE TWO ROWS OF TWO LANES OF TRAFFIC IN FRONT OF TWO ROWS OF PARKING IN THE LOADING ZONE. EACH CAR THAT BACKS OUT IS A STACKING HAZARD AND AN ACCIDENT HAZARD

>> THE STACKING IS NOT JUST DURING PEAK TIMES AND NOT JUST IN FRONT OF THE DRIVE THROUGH. IT'S ALL ALONG THAT LANE OF PARKING ON BOTH SIDES AND THE LOADING ZONE ANY TIME OF DAY.

ANY TIME A CAR PULLS OUT OF A PARKING SPOT OR PULLS IN, THERE COULD BE STACKING ON BOTH SIDES. YOU HAVE TWO LANES THAT WILL BE FACING A CAR PULLING INTO THE SPACES.

IT'S A STACKING HAZARD AND SAFETY HAZARD.

>> AND ONE OF THE THINGS THAT NELSON TALKED ABOUT IN HERE, IT'S REALLY NOT DESIGNED FOR THROUGH TRAFFIC.

THE TRAFFIC THAT'S PROPOSED FOR ELLIANOS IS NOT DESTINATION TRAFFIC. GO TO THE COFFEE SHOP, PARK, GO IN AND GET YOUR COFFEE OR GO IN AND HANG OUT FOR AN HOUR OR TWO WHICH IS COMMON WITH COFFEE SHOPS.

DO SOME WORK IN BETWEEN MEETINGS.

THAT IS WHAT IS HERE. THE ISSUE AT ELLIANOS.

IT'S GET IT AND GET OUT. IT CONVERTS THE DOLLAR GENERAL TRAFFIC TO A DIFFERENT TYPE OF TRAFFIC AND THAT'S ONE THING NELSON TOUCHED ON HERE, CORRECT IS IT

>> YES. >> PASS BY TRIPS.

NELSON CONCLUDES THAT SERIOUS PEDESTRIAN CRASHES ARE EXPECTED TO INCREASE. WHAT WILL HAPPEN, OUR OWNERSHIP IS GOING TO HAVE INCREASED RISK OF LAWSUITS BECAUSE OF THIS NEGLIGENT PLAN. IT'S CREATING SAFETY HAZARDS BECAUSE IT'S GOING TO ADD EXTRA LIABILITY TO OUR TENANT.

WE WILL FACE A HARDSHIP. AND NELSON CONCLUDED THE DUNKIN DO NUT WHERE THE CITY OF PALM COAST ALLOWED A DUNKIN DO NUT AND OBSTRUCTING BUSINESSES AND COMMISSION IS HAVING A TIME WITH WHAT IS GOING ON. JUST TO LOOK AT THAT SITE, IT'S DUNKIN DONUTS AND THE ROUNDABOUT IS CLOGGING UP TRAFFIC THERE.

AGAIN NELSON CONCLUDES IT WILL IMPOSE THEIR BUSINESS OPERATIONS ON DOLLAR GENERAL. CROSS ACCESS IS INTENDED TO BE A SECONDARY POINT OF ACCESS, NOT TRIPS FROM ROADWAYS CUTTING THROUGH OTHER BUSINESSES. THEIR EFFECTIVELY NOT OPENING UP AND FACING YOUR DIRECTION, THE ACCESS FURTHER TO THE WEST.

THEY'RE NOT MAKING THAT CONNECTION.

[03:55:02]

IT'S RELIANT ON DOLLAR GENERAL. LIKELY NEGATIVE INCOME FOR DOLLAR GENERAL. PRESUMES THE DOLLAR GENERAL WILL NEVER CHANGE. THIS PRESUMES DOLLAR GENERAL, TO SHOW YOU THERE'S TRULY TRACTOR TRAILERS THAT GO TO THE SITE.

>> JAMES CAN YOU TELL THEM ABOUT IT.

>> ON AVERAGE THREE TRUCKS A DAY.

DOLLAR GENERAL HAS THEIR OWN TRUCKS AND THERE'S VARIOUS VENDORS FOR FOOD, BEVERAGES. AT LEAST THREE TRUCKS PER DAY THAT COME WHETHER DOLLAR GENERAL OR VARIOUS VENDORS.

THIS IS RIGHT DOWN 207 AT I-95. YOU CAN SEE THE DRIVE THROUGH RESTAURANTS. DUNKIN DONUTS AND MCDONALD'S THEY JUST DON'T HAVE THE SAME CONSTRAINED SITE WHERE THEY TRY TO CRAM EVERYTHING INTO A SITE. THIS IS A CHALLENGE WHEN THE OWNER DIVIDED THIS AND DIVIDED THIS AND PUSHED THIS INTO SUCH A SMALL SITE AND DIDN'T RETAIN A RIGHT FOR DRAINAGE.

THAT WHAT IT APPEARS TO. THIS ELLIANOS SITE DIDN'T HAVE RETENTION ON IT. IT WAS RELYING ON THE PARCEL NEXT DOOR. IT GAVE THEM A REALLY CONFINED

SITE. >> JAMES, CAN YOU EXPLAIN THIS

VIDEO? >> THIS IS WHAT ONE FRACTION OF WHAT WILL HAPPEN ON OUR PROPERTY.

THIS IS EXIT-ONLY ALONG PARKING SPACES.

WHAT HAPPENS IS YOU'LL SEE AS THE NEXT TRUCK COMES IN, HE'S GOING TO TRY TO PARK. AND AS HE'S TRYING TO PARK, A CAR IS GOING TO COME OUT OF THE DRIVE THROUGH.

IT'S EXIT ONLY WHERE NO ONE CONSIDERS STACKING.

WHEN YOU HAVE IT GOING THROUGH PARKING LANES, YOU CAN HAVE

STACKING. >> JAMES, WHEN DID YOU TAKE THIS

VIDEO? >> LIKE A WEEK AGO?

>> THURSDAY OR FRIDAY BEFOREOW MEETINGS WITH COMMISSIONS.

SOMETHING LIKE THAT. >> WHAT TIME WAS IT?

>> 8:30. >> DUNKIN DONUTS.

WHERE I SHOWED ON THE AERIAL? PALM COAST.

THE 210. >> YOU WENT TO THAT LOCATION?

>> YES. OKAY.

BECAUSE, THE EXIT ONLY. KEEP IN MIND THIS IS ONLY EXIT.

MINE IS ENTRANCE AND EXIT. AND DOLLAR GENERAL IS OPEN AT 8:00, THE OTHER STORES WEREN'T OPEN.

BETWEEN TWO LANES INDEED OF ONE IS GOING TO BE FIVE TIMES LESS.

>> THANK YOU, SIR, WE HAVE TO GIVE EQUAL TIME TO EACH PARTY.

THAT'S THE TIME. ANY OTHER QUESTIONS?

PUBLIC COMMENT? >> AT THIS TIME, THE BOARD WILL HEAR -- OKAY. MR. CHAIRMAN, WE'RE GOING TO HEAR PUBLIC COMMENT ON THIS ITEM.

ANYONE WISHING TO MAKE PUBLIC COMMENT, PLEASE COME FORWARD.

GOOD AFTERNOON. EDSLAVEN.COM.

BASED UPON THE TESTIMONY WE JUST HEARD, I THINK YOU SHOULD DENY THE MAJOR MODIFICATION. TO BORROW A LINE FROM RALPH NADER , THIS IS A CLEAR AND PRESENT DANGER TO HUMAN LIFE.

I HAVE A FRIEND WHO IS A WHISTLE BLOWER AND THEY WERE ENTERING A WAL-MART AND THEY WERE KILLED BY A NEGATIVE DRIVER.

THIS DESIGN IS ASKING FOR PEOPLE TO BE RUN OVER.

THE PZA DIDN'T HEAR ALL THE EVIDENCE THEY SHOULD HAVE HEARD.

I DON'T THINK THIS SHOULD BE GRANTED TODAY.

YOU MIGHT WANT TO TAKE ANOTHER RECESS AND ASK THE PARTIES TO WORK SOMETHING OUT. SEEMS TO ME THE LAWYER AND NON-LAWYER COULD WORK SOMETHING OUT AS FAR AS A COMPROMISE.

BUT, I WOULD JUST BE AFRAID AND DON'T TAKE ADVICE ON DRIVING FROM ME. I HAVE NEVER HAD A LICENSE.

BUT, IT LOOKS UNSAFE. IT REALLY SOUNDS UNSAFE.

AND AS RUEBEN ASKED YOU TOLD CHAIRMAN DEAN 40 YEARS AGO.

WAS IT 40 YEARS, IF YOU GOT THE VOTES, SIT DOWN AND SHUT UP.

I WILL QUOTE MY MOM. SHE HAD A SIGN IN HER OFFICE IN BLACK WOOD, NEW JERSEY AND SAID POOR PLANNING ON YOUR PART IS NO EXCUSE FOR DEMANDING IMMEDIATE ACTION ON MY PARK.

[04:00:05]

I ASK YOU TO DENY. >> THANK YOU MR. SLAVEN.

ANYBODY ELSE WANT TO MAKE PUBLIC COMMENT? PLEASE. NOW IS THE TIME.

IF YOU WOULD LIKE TO MAKE PUBLIC COMMENT.

THAT'S CORRECT. YES.

WAIT. SIR.

SIR, WE'RE HEARING PUBLIC COMMENT BECAUSE YOU'RE REPRESENTED BY AN ATTORNEY, YOUR SIDE HAD 15:00.

>> DOUG, CAN YOU EXPLAIN THAT. THE ONLY THING THAT MR. CARIS WANTS TO POINT OUT, HE DIDN'T GET TO SPEAK.

>> INDIVIDUAL VERSUS ENTITY. >> MR. BURNETT, WE'RE HEARING PUBLIC COMMENT FROM THE MEMBERS OF THE PUBLIC NOT REPRESENTED BY

THE ATTORNEY. >> WOULD ANYONE ELSE LIKE TO MAKE PUBLIC COMMENT ON THIS AGENDA ITEM? SEEING NONE, WE WILL NOW CLOSE PUBLIC COMMENT.

>> GOOD. NOW REBUTTAL.

>> SPECIFICALLY THE OPPORTUNITY FOR REBUTTAL.

MR. BURNETT, COME UP PLEASE. YOU REFERENCED TRAFFIC COUNT AT THE LOCATION THAT WAS USED BY THE APPLICANT, THE DUNKIN DONUT IN PALM COAST, YOUR CLIENT REFERENCED IT.

>> NO, SIR, I DID NOT. I ONLY FOCUSED ON THE ONE, THE CHAFY ROAD SITE BECAUSE THAT'S WHAT THEY GAVE.

>> AS A COUNTERPOINTED OUT THE DUNKIN DONUTS IN PALM COAST.

IS IT COMPARABLE? >> I WILL TRY AND LOOK IT UP.

>> I THINK THAT WOULD BE HELPFUL.

>> I JUST -- NOW WE'RE READY FOR REBUTTAL.

WHAT IS THE TIME? 3:00.

>> THANK YOU MR. CHAIRMAN. I WANT TO SAY, WE DID NOT SUBMIT THE CHAFY ROAD STUDY. DATA WAS MR. CHAD STEWART.

THEIR SPECIFIC DATA. HE FOUND THAT SOMEWHERE.

I GUESS IN GOING THROUGH JACKSONVILLE'S SLIDES.

THAT'S NOT SOMETHING WE SUBMITTED.

I'M NOT QUESTIONING HIM. WE WERE NOT REQUIRED TO SUBMIT A TRAFFIC REPORT. INITIALLY WHEN WE WENT TO THE FIRST PZA, MR. CARIS WAS IN FAVOR OF OUR PROJECT BECAUSE IT HAD THE RIGHT TURN, HAD BOTH, HE ONLY WENT IN OPPOSITION BETWEEN DOT AND STAFF, WE REMOVED THE, MADE A RIGHT TURN EXIT ONLY.

SO HE KIND OF CHANGED. THE LEGAL DESCRIPTION WAS SUBMITTED WITH THE ORIGINAL APPLICATION.

IT WASN'T ON THE MDP MAP BUT WAS SUBMITTED AND HAD PLENTY OF TIME TO REVIEW IT. STAFF REVIEWED ALL OF OUR PLANS ALONG THE WAY. CHANGES WERE IN RESPONSE TO THE COMMENTS THAT MR. BURNETT HAD SO WE MAYBE COULD WORK IT OUT BEFORE TODAY. THAT'S WHY WE MADE SOME CHANGES.

THE PLAN ITSELF, I CLEANED UP THE MDP MAP, THE PLAN IS THE SAME PLAN THAT WENT TO THE PZA. WE HAVE NOT MODIFIED IT AND STAFF HAD ALREADY PREVIOUSLY APPROVED AND I JUST WANT TO LET, MR. CARIS BOUGHT THIS PROPERTY IN 2018.

HE BOUGHT IT AFTER THE PUD WAS APPROVED.

>> YEAH, CHAD STEWART, ELLIANO'S COFFEE.

THE EASEMENTS WERE IN PLACE BEFORE THE DOLLAR GENERAL PURCHASED IT. MY WIFE AND I ARE DEVELOPING THE LOCATION. SPENT ABOUT $50,000 IN ENGINEERING FEES. MY FAMILY AND I OPERATE THE FRANCHISE WHICH IS 25 LOCATIONS. THIS ONE IS PERSONAL.

THE LOCATION WE'RE PUTTING IN. EXTENSIVE BRAND OPERATION QUEUEING, HIRING. WE DID PROVIDE INTERCONNECTIVITY THAT IS THERE. THERE'S NO PEDESTRIAN TRAFFIC.

WE DID SHOW HANDICAP ACCESS. REGARDING CUSTOMERS RETURNING TO THE STORE. THEY WOULD RETURN VIA DRIVE THROUGH ONLY BECAUSE THERE'S NO WALK UP WINDOW.

WE DID SHOW THAT ALL THE SPECIMEN TREES ARE RETAINED AND MANAGED THE QUEUE ON A DYNAMIC BASIS.

IF AT 8:00 TO 8:30 IS BUSY WE HIRE MORE PEOPLE.

THE TRAFFIC VARIES. WE HAVE LOCATION WITH 6000 A DAY AND 60,000 A DAY AND THE QUEUEING IS GENERALLY THE SAME.

MORE TRAFFIC DOES NOT NECESSARILY MEAN MORE BUSINESS.

WE DEMONSTRATED 13 CARS ON THE SITE PLAN.

THE BUSIEST LOCATION IN THE CHAIN ON THE BUSIEST 10 MINUTE SEGMENT IS 12 CARS OR LESS 97% OF THE TIME.

[04:05:03]

STATE ROAD 207 AND BACK THROUGH DOLLAR GENERAL TO ALLEVIATE TRAFFIC STACKING. APPRECIATE YOUR TIME.

>> BEFORE WE GO TO MR. BURNETT, THIS IS IN DISTRICT THREE.

I WANT TO TAKE A SPECIAL OPPORTUNITY TO ASK COMMISSIONER WALDRON, PAUL, DID YOU HAVE QUESTIONS OF THE APPLICANT OR

ANY COMMENTS AT THIS POINT? >> I WAS GOING TO WAIT UNTIL

REBUTTAL AND I HAVE CONCERNS. >> THANK YOU.

MR. BURNETT. 3:00.

IF I CAN GET MY POWER POINT BACK UP.

I HAVE ONE SLIDE TOWARDS THE END.

MR. BLOCKER, TO ANSWER YOUR QUESTION, I LOOKED ON THE PALM COAST GOVERNMENT TRIP GENERATION INFORMATION.

THIS IS CONCERNING STATE ROAD 100.

I CAN'T TELL YOU EXACTLY WHAT SEGMENT IT IS BASED ON THE WAY THEY HAVE THIS WRITTEN. THE HIGHEST TRIP COUNT ON ANY SEGMENT LOOKS LIKE 25,000. THE LOWEST WOULD BE 14500.

FOR THAT AREA. AND IF I LOOK AT, IF I SCAN OVER THE HIGHEST TRIP COUNT ON THAT SECTION IS 29,000 TRIPS.

SIMILAR IN THAT REGARD. THIS IS THE CITY OF PALM COAST AVERAGE TRAFFIC DAILY ANALYSIS ON THEIR WEBSITE.

THEIR CURRENT INFORMATION. AND WITH THAT JUST A QUICK THROUGH -- WOOPS, WHAT DID I DO? JUST TO TAKE THE SITE PLAN THEY'RE PROPOSING, AND PUTTING IT UP ON THE AERIAL.

THROWING IN CARS THAT AGAIN IF YOU TAKE THAT 66% NUMBER OF HIGHER TRAFFIC GOING ON 207 AND THERE WAS CHAFY ROAD.

WHICH IS IN THEIR PACKET OF MATERIAL THEY SUBMITTED TO THE COUNTY, THEN YOU GET TO APPROXIMATELY 14 TIMES 66 ANDAD IT. YOU GET ANOTHER NINE CARS.

SO THIS IS A LITTLE MORE ACCURATE.

WE WOULD SUBMIT TO YOU, WHAT YOU MAY LOOK AT WITH THAT SITE.

I KNOW JAMES WANTED TO OFFER COMMENTS.

>> AS YOU CAN SEE, ANY CAR THAT PULL OUT, IT WOULD BE ONE OR TWO CARS TO ONE SIDE AND ONE OR TWO ON THE OTHER SIDE.

IT CAN BE IN FRONT OF THE DOOR AND THE HANDICAP.

IT COULD GO INTO THE STREET. COUPLE OTHER THINGS I WANT TO TALK ABOUT. I DID NOT SUPPORT THIS AT THE BEGINNING. THEY MADE THIS PLAN IN NOVEMBER.

I FIRST FOUND OUT TWO WEEKS BEFORE THE PLANNING BOARD AND TOOK TIME TO GET UP TO SPEED. I VOICED MY CONCERN.

THE EASEMENT. THE FIRST MEETING I SPECIFICALLY SAID IT NEEDS TO GO IN AND OUT OF 207.

I SPECIFICALLY SAID THE BIG CONCERN IS THE DRIVE THROUGH, THE EASEMENT TURNING BY PARKING LOT TO A DRIVE THROUGH.

AT THE SECOND BOARD MEETING, I WAS NOT ALLOWED TO SPEAK.

HE WAS CUT OFF. EVEN TO GIVE HALF HIS CONVERSATION AND JANICE FLEET WAS ASKED ME THOUGHTS AND MISREPRESENTED MY THOUGHTS. IT'S NOT THE EASEMENT.

IT'S THE DRIVE THROUGH IN CONJU CONJUNCTION WITH THE EASEMENT THAT WILL CAUSE SERIOUS HARDSHIP SAYS. I WAS MISREPRESENTED AND STILL NOT ALLOWED TO TALK TO CORRECT JANICE FLEET'S STATEMENTS.

I NEVER SUPPORTED THIS AND ALWAYS CONCERNED ABOUT THE DRIVE

THROUGH GOING ON TO THE PROPERTY >> JAMES, IF IT WAS A DIFFERENT COMMERCIAL USER WITH ANY OTHER DRIVER, WOULD YOU BE HERE TODAY?

>> I SAID REPEATEDLY, THE EXISTING APPROVALS ARE --

>> SORRY, 3:00, HAVE TO GIVE EQUAL TIME.

>> NOW. LET ME GO TO, THAT COMPLETES THE PRESENTATION. PUBLIC COMMENT.

REBUTTAL. PAUL, THIS IS DISTRICT THREE.

DO YOU HAVE COMMENTS? >> YES, SIR, I WANT THERE TO BE A COFFEE SHOP AND I WANT IT TO BE SUCCESSFUL, HOWEVER AT THIS POINT, I DON'T THINK IT CAN BE SUCCESSFUL AT THE DETRIMENT TO AN EXISTING BUSINESS BESIDE IT. MY QUESTION IS ONE OF THE THINGS I THINK CHANGED IS THE RIGHT IN AND RIGHT OUT FROM FDOT AND WHETHER STAFF THINKS THERE'S ANY WAY TO GET THAT BACK OR IF THEY

[04:10:01]

FDOT RIGHT IN RIGHT OUT. >> MR. DE SOUSA.

>> STAFF DID MEET WITH FDOT. THAT ENTRANCE WOULD NOT MEET THE SPACING STANDARD OR STANDARD DEVIATION ALLOWED BY DOT.

THE BEST THAT WAS AFFORDED BASED OFF THE EXISTING ENTITLEMENTS ALREADY APPROVED AND MEETING THE ACCESS TO STATE ROAD 207 IS A ONE WAY IN OR ONE WAY OUT. NOT A RIGHT IN RIGHT OUT.

OTHERWISE IT WOULD BE OUTSIDE OF LINE WITH THE STANDARD SPACING AND ANY DEVIATIONS AFFORDED TO DOT TO GRANT.

>> YEAH, BUT HOW MANY THINGS ARE OUT OF WHACK ON 207? SOME OF THOSE BUSINESSES HAVE BEEN THERE FOR YEARS.

I'M TRYING TO THINK WHEN DOT CHANGED THIS DUE TO THE AGE OF THE PUD EXISTS. YOU KNOW, THAT'S MY CONCERN THERE. IF THERE'S ANOTHER WAY FOR ACCESS IT'S NOT THEIR PROPERTY. THE WAY IT SITS TO ME.

THIS IS NOT A GOOD FIT FOR ANYTHING TO BE IN THERE USING ACCESS TO BLOCK BOTTLE NECK. ANOTHER COMMENT I WANTED TO MAKE, I DRIVE TWO DIFFERENT WAYS TO TOWN.

I 95 TO STATE ROAD 16 OR U.S. 1. I PASS TWO DUNKIN DONUTS ON U.S.

1 AND CHIK-FIL-A AND THEY ARE BACKED UP ON THE ROADS.

U.S. 1 WILL BE BACKED INTO U.S. ONE.

WHICH CAUSES A HUGE PROBLEM IN THE MORNINGS.

AND THAT'S WITH NO OTHER BUSINESS AROUND IT.

THE ONE ON 16 WILL BACK UP, THE STARBUCKS ON 16 WILL ALSO BE BACKED UP ON TO STATE ROAD 16 WHICH CAUSES A BIG ISSUE AT RUSH HOUR IN THE MORNING. THAT'S MY CONCERN THERE.

I WANT IT TO BE THERE AND BE SUCCESSFUL, BUT NOT AT THE DETRIMENT OF AN EXISTING BUSINESS NEXT DOOR.

THAT'S MY COMMENTS RIGHT NOW CHAIRMAN.

>> OKAY. THANK YOU.

CHRISTIAN. >> THANK YOU MR. CHAIR.

I AM A RETAIL BUSINESS OWNER BRICK AND MORTAR GUY.

I UNDERSTAND ALL THE CHALLENGES THAT FACES A PLACE LIKE EL ELLIANOS. I DID ASK MR. ROBERSON TO DISCUSS WHAT WE DISCUSSED AFTER THE MEETING.

I HAVE BEEN TOLD YOU COULD DO AN UNDERGROUNDWATER POND SITE TO RETAIN WATER RETENTION SITE. COULD YOU EXPLAIN THAT TO ME? COULD THAT SOLVE THE POTENTIAL ISSUES IF WE COULD DO THE WATER RETENTION UNDERGROUND AND MOVE THE BUILDING BACK.

WOULD THAT WORK? >> YES, SIR, MIKE ROBERSON, GROWTH MANAGEMENT. I WILL GIVE YOU THE PLANNERS VERSION. WE HAVE SITES WITH UNDERGROUNDWATER IN THE COUNTY. WHEN YOU'RE CONSTRICTED FOR SPACE, YOU HAVE THE ABILITY TO PUT WATER UNDER GROUND.

YOU HAVE TO HAVE THE APPROPRIATE GEOTECHNICAL THINGS TO ALLOW UNDER WATER. IT ALLOWS YOU TO PUT PAVEMENT OVER TOP. THERE'S POTENTIAL TO INCREASE THE DRIVE AISLE IN THIS CASE, MAYBE.

THAT'S UP TO THE DESIGN TEAM TO DETERMINE IF THEY CAN DO IT.

IT'S CERTAINLY AN ADDITIONAL COST THAT COMES WITH PUTTING STORMWATER AND ASPHALT ON TOP OF.

WE DO HAVE INSTANCES WHERE THAT OCCURRED WHERE THE SITES WERE CONSTRAINED AND I THINK THE DUNKIN DONUTS ON 16 HAS UNDER

GROUNDWATER AS WELL. >> THANK YOU, MR. ROBERSON, I APPRECIATE THAT. WITH THE PUBLIC.

MY WHOLE THING IS THIS, I WILL BE VERY OPEN AND CANDID WITH YOU. THE WAY THIS IS PROPOSED, I CAN'T SUPPORT IT. IF YOU LOOK AT THE ORIGINAL PUD THIS WAS APPROVED IN 2007, YOU SAW THREE BUILDINGS NEXT TO EACH OTHER AND THERE WAS A CLEAR LINE OF SIGHT.

WHAT WE HAVE HERE IS THE POTENTIAL TO NEGATIVELY IMPACT THE EXISTING BUSINESS. I KNOW MONEY DOESN'T GROW ON TREES, IF THERE'S A CHANCE TO AGREE ON UNDER WATER, WE COULD ALL GET TO A PLACE WHERE THERE WAS MORE PARKING LOT TO WORK WITH. MORE ROOM ON YOUR PROPERTY FOR STACKING THAT COULD POTENTIAL BE A SOLUTION YOU NEED TO DISCUSS.

[04:15:03]

>> YEAH. JUST COUPLE THINGS.

FIRST OF ALL, WE REFUTE THIS DATA.

THAT'S NOT ACTUAL DATA THAT ELLIANO HAS IN ALL COFFEE SHOPS.

WE AND I DID TALK TO STAFF LAST WEEK AND TRYING TO KEEP TRYING TO WORK IT OUT. ONE OPTION WE HAD ALSO WAS MOVING THE BUILDING DOWN. WITHIN THAT TRIANGLE SQUARE I GUESS YOU COULD SAY WHERE THE BUILDING IS THAT ALLOWS MORE STACKING ON OUR PROPERTY. WE'RE WILLING YOU KNOW HE SAID IF IT'S UNDERGROUND RETENTION, IT MAKES YOU FEEL GOOD.

THERE'S TWEAKING WE COULD DO TO SITE.

OUR GOAL IS NOT TO IMPACT DOLLAR GENERAL.

OUR GOAL IS TO BE A GOOD NEIGHBOR.

TO PROVIDE ALL THE STACKING ON TRACK.

I THINK WHAT MR. STEWART SAID, THEY HAVE PEOPLE OUTSIDE TO KEEP MOVING BECAUSE PEOPLE BACKING UP, ALL THOSE ISSUES, THAT'S NOT GOOD FOR HIS BUSINESS PRACTICE. IF HE HAS PEOPLE THAT CAN'T GET IN, THEY WILL GO ELSEWHERE. WE'RE WILLING TO DO WHATEVER, OUR GOAL IS TO GET EVERYBODY ON OUR SITE.

WE DON'T REALLY WANT TO HAVE PEOPLE STACKING ON THE OTHER PROPERTY. THAT WOULDN'T BE GOOD FOR BUSINESS. WE'RE WILLING TO DO WHATEVER WE CAN TO GAIN YOUR SUPPORT TO DO THAT.

THE >> MS. FLEET, I APPRECIATE THE METICULOUS TRAFFIC KEEPING. I WAS IMPRESSED AS A SMALL BUSINESS OWNER. YOU'RE ABLE TO COUNT THE TRAFFIC COUNTS. I GUESS THAT'S OVER THE 25 STORES HE CURRENTLY OWNS. IS THAT WHERE THE NUMBERS CAME

FROM? >> THAT WAS FROM THE BUSIEST LOCATION. WE WANTED TO GIVE YOU THE WORSE

CASE SCENARIO. >> HE WENT THROUGH ALL 20 STORES AND PICKED THE BUSIEST ONES TO GIVE YOU THE WORSE CASE SCENARIO. THERE ARE STORES THAT HAVE A LOT

LESS TRAFFIC. >> YOU KNOW I'M ONE OF FIVE COMMISSIONERS. THE OTHER COMMISSIONERS MAY NOT SEE IT THAT WAY. I LIKE TO GIVE A SMALL BUSINESS OWNERSHIP AN OPPORTUNITY EVEN IF COSTS MORE AND THERE'S MORE HEADACHE. WE WOULD NEED TO SEE THE DETAILS BEFORE WE COULD TAKE ACTION AS A BOARD IF THE OTHER COMMISSIONERS WOULD BE WILLING TO GO FORWARD WITH THAT.

>> THANK YOU. LET ME JUST SAY.

THANK YOU. LET ME SIT DOWN.

THIS IS A GOOD PROJECT BUT DOESN'T FIT.

YOU HAVE EXTREME PROBLEMS GETTING IN AND OUT OF THE DRIVEWAY AND POSSIBLE SAFETY HAZARDS FOR THE GENERAL DOLLAR STORE. I'M NOT IN A POSITION TO VOTE TO APPROVE THIS PARTICULAR APPLICATION AND WOULD VOTE TO UPHOLD THE PENDING APPEAL THAT WAS FILED AS I UNDERSTAND IT.

I GUESS -- THE OTHER ONE TOO >> THE PZA APPROVED THIS AND IT'S COMING TO US. I WILL BE VOTING TO DENY THIS PROJECT IF THERE'S A MOTION. IF THERE'S NO ONE ELSE, COMMISSIONER WALDRON, DO YOU WANT TO GIVE US YOUR THOUGHTS? SORRY ABOUT THAT. YES, SIR, I DO.

BUT, I'M SORRY ABOUT THE BEEPING.

HOLD ON ONE SECOND. WELL IF IT'S PLUGGED INTO YOU,

DON'T UNPLUG IT ON OUR ACCOUNT. >> THE BIG THING I WOULD LIKE TO DO IS IF IT'S OKAY WITH THE REST OF BOARD, GIVE THESE TWO AN OPPORTUNITY TO GO BACK, LOOK AT THE PLANS.

SEE WHAT MIGHT WORK BEFORE WE DENY IT AND THEY HAVE TO WAIT A YEAR. LIKE I SAID, I WANT THE SHOP TO BE THERE AND BE SUCCESSFUL, HOWEVER THE WAY IT SITS, I CAN'T APPROVE IT. SO I COULD MAKE A MOTION TO DENY, WE COULD WAIVE THE ONE YEAR TO COME BACK.

I WOULD LIKE TO SEE THEM WORK OUT A PLAN BETWEEN THE TWO NEIGHBORS AND FIGURE OUT HOW IT WOULD BE BENEFICIAL FOR BOTH.

>> I WOULD SUGGEST THAT YOU MAKE -- I WOULD SUGGEST YOU MAKE A MOTION AND WE VOTE ON IT. IF WE DENY IT.

THE APPLICANT CAN APPROACH THE DAIS AND ASK FOR A ONE-YEAR WAIVER. PLEASE LET US FINISH THIS DISCUSSION. PAUL, WOULD YOU CARE TO MAKE A

MOTION AT THIS POINT? >> YES, SIR, I WILL MAKE A MOTION TO DENY MAJOR MOD 2022-02.

ELLIANOS COFFEE SHOP BASED ON SEVEN FINDINGS OF FACT LISTED IN

[04:20:02]

THE STAFF REPORT. >> IS THERE A

>> SECOND. >> ALL RIGHT.

WE WILL TAKE A VOICE VOTE. COMMISSIONER

>> >>

>> YES. WALDRON.

>> YES. COMMISSIONER BLOCKER.

>> YES. AND I VOTE YES.

SO THAT IS DENIED OR THE APPLICATION IS DENIED 5-0.

NOW, MS. FLEET, WOULD YOU LIKE TO ADDRESS THE BOARD WITH THE POSSIBILITY OF A WAIVER OF ONE-YEAR REQUIREMENT TO GO TO

PZA? >> YES, SIR.

BECAUSE IF WE CAN WORK SOMETHING OUT, WE WOULD LIKE TO WORK

SOMETHING OUT. >> SO YOU'RE REQUESTING A ONE-YEAR WAIVER OF THE ONE YEAR RULE.

>> YES, SIR. >> DO WE HAVE A MOTION.

>> SO MOVED. >> SORRY PAUL, YOU FIRST.

>> PAUL MOVES. >> YOU SECOND.

>> ALL RIGHT. WE

>> ARNOLD. >> YES.

>> COMMISSIONER DEAN -- SORRY. >> COULD WE HAVE PUBLIC COMMENT

ON THIS MOTION, PLEASE? >> NO.

WELL YOU TELL ME. DO WE NEED PUBLIC COMMENT ON THE

MOTION? >> IT'S A SEPARATE ACTION.

>> YES PLEASE. >> PUBLIC COMMENT.

WE'RE GOING TO HEAR PUBLIC COMMENT ON THE WAIVER OF THE ONE-YEAR RULE FOR THIS COFFEE SHOP.

I SEE NO PUBLIC COMMENT COMMISSIONER DEAN.

[6. Public Hearing * CPA(SS) 2022-09 3560 Joe Ashton Road (013135-0000).]

>> BACK TO THE VOTE. COMMISSIONER

>> YES. >> COMMISSIONER

>> YES. WALDRON.

>> YES. COMMISSIONER BLOCKER.

YOO YES. >> AND I VOTE YES.

SO THAT PASSES 5-0. WE HAD A NO VOTE ON THE APPLICATION AND A 5-0 VOTE FOR WAIVER OF THE ONE RULE.

VERY GOOD. NEXT ITEM, 6.

NUMBER 6. SMALL SCALE

>> GOOD AFTERNOON. >> GOOD AFTERNOON.

HOW ARE Y'ALL TODAY? >> GOOD.

MINE SHOULD BE PRETTY EASY. UNFORTUNATELY, THE PRETTIEST OF THE TWO PRESENTERS IS NOT HERE TODAY.

SHE'S A NURSE AND SHE IS WORKING.

MY WIFE IS NOT ABLE TO JOIN ME. SORRY ABOUT THAT.

ALL RIGHT. SO, WE'RE THE OWNERS OF PROPERTY. MY WIFE AND I.

OUR REQUEST IS CHANGE FUTURE LAND USE TO RESIDENTIAL A TO ALLOW OUR FIVE ACRE PROPERTY TO BE SPLIT INTO TWO FIVE ACRE PARCELS IN ADDITION WE ARE REQUEST TO AMEND THE TEXT TO ALLOW FOR ONLY ONE SINGLE FAMILY HOME TO BE BUILT ON EACH PARCEL.

THIS WOULD ENABLE ONE HOME TO BE BUILD FOR A TOTAL OF TWO SINGLE FAMILY HOMES ON THE 10 ACRES. THE CURRENT ZONING DESIGNATION WILL REMAIN OPEN RURAL WHICH IS WHAT OTHER PROPERTIES ARE ZONED FOR AS WELL. THIS IS THE PARCEL AS IT CURRENTLY SITS. AND WE'RE GOING TO BE SPLITTING IT INTO TWO FIVE-ACRE PARCELS. ROUGHLY LIKE IS SHOWN HERE ON TIS SLIDE. WE HAD A WETLANDS DONATION DONE.

YOU CAN SEE IN THE BOTTOM RIGHT-HAND CORNER OF THE PARCEL.

THE YELLOW AREA. THOSE ARE THE ONLY WETLANDS ON THE PROPERTY. THE FUTURE LAND USE MAP CURRENTLY. AS I MENTION IS ZONED OPEN RURAL. THIS IS SIGNATURES OF THE SURROUNDING NEIGHBORS OF THE PROPERTY THAT NEEDED TO BE NOTIFIED. JUST SIGNING VOICING THEIR SUPPORT AND WHAT WE PROPOSE WILL BE DONE.

SO IN SUMMER, REQUESTING TO CHANGE THE ZONING OTHER HOME TO BE BUILT. AND AS SIMILAR AMENDMENT WAS DONE FOR THE NEIGHBORING PROPERTY DIRECTLY NORTH OF OUR

PROPERTY. >> THANK YOU.

>> QUESTIONS? >> NO QUESTIONS.

PUBLIC COMMENT. >> WE'RE GOING TO HEAR PUBLIC COMMENT ON AGENDA ITEM 6. PLEASE COME FORWARD.

SEEING NONE, SO WE'RE GOING TO CLOSE PUBLIC COMMENT.

>> NO COMMENT. NO COMMISSIONER COMMENTS.

MOTION ON ITEM 6. >> YES MR. CHAIRMAN.

MOTION TO APPROVE ORDINANCE 2022-

>> 60. >> COMPREHENSIVE PLAN AMENDMENT SS2022-093560 JOE ASHTON ROAD. BASED UPON FOUR FINDINGS OF

FACT. >> SECOND.

[7. Public Hearing * REZ 2021-42 Old Moultrie Flex Space.]

>> MOTION AND SECOND. VOICE

ARNOLD. >> YES.

>> COMMISSIONER WOULDN'T WOU WOULDN'T YOU KNOW WE'RE DOING VOICE VOTES WITH SOAR THROATS.

[04:25:01]

>> PAUL. >> YES.

>> JEREMIAH. YES.

>> THAT PASSES 5-0. YES, SIR.

THANK YOU FOR YOUR TIME. THAT WAS A LONG DAY FOR A QUICK

ITEM. >> NUMBER 7, OLD MOULTRIE FLEX

SPACE. >> MR. CHAIR.

MR. CHAIR, I APOLOGIZE. >> SEVEN IS THE LAST EX PARTE.

>> NUMBER 7. COMMISSIONER ARNOLD.

>> NONE MR. CHAIRMAN. >> I HAVE NO ONE MR. CHAIRMAN.

>> I HAD NONE. PAUL, ANY EX PARTE ON NUMBER 7?

>> OTHER THAN DRIVING BY THE LOCATION, NO, SIR, THAT'S IT.

THE >> JEREMIAH.

NONE, SIR. >> OKAY.

THAT TAKES CARE OF THAT. >> GO AHEAD PLEASE.

>> THANK YOU, COMMISSIONERS MY NAME IS MAX GARCIA, MATHEWS DESIGN GROUP. I'M HERE REPRESENTING CLOUD VIEW INVESTMENTS FOR PROPOSED REZONING.

THIS IS CONTINUED FROM AUGUST 2ND TO CLARIFY A LEGAL DESCRIPTION CONCERN FROM STAFF. SO THAT IS WHY WE ARE AT THIS STATE INSTEAD. TO GIVE YOU AN IDEA OF LOCATION OF THE PROPOSED REZONING PROPERTY OR PROPERTY TO BE REZONED IS ALONG OLD MOULTRIE ROAD AND AS YOU KNOW, ARAPAHOE AVENUE IS WHERE THE CITY OF SAINT AUGUSTINE JURISDICTION BEGINS. WE ARE LESS THAN A THOUSAND FEET TO THE TARGET PLAZA. THIS IS CLEARLY LOCATED BETWEEN MULTIPLE ARTERIAL ROADS SUCH AS OLD MOULTRIE ROAD AND U.S. 207.

THE EXISTING ZONES IS MIXED WITH A FEW.

THE PARCEL BEING RS 3 SINGLE FAMILY ZONING DESIGNATION.

THE SECOND BEING RESIDENTIAL GENERAL TWO WHICH ALLOWS MULL FAMILY AND FINALLY COMMERCIAL INTENSIVE IS THE ZONING DESIGNATION IN RED AND ALSO AS YOU CAN SEE, MIX OF MAJORITY OF THE AREA WITH THE HOUSING TUCKED IN WITH SURROUNDING ZONING DESIGNATION. MOST OF THIS PROPERTY IS SURROUNDED WITH COMMERCIAL WITH THE EXCEPTION OF THE SMALL SECTION TO THE SOUTH. THEN THE PROPERTY IS SNUGGLED WITHIN A MIXED USE FUTURE LAND USE DESIGNATION.

THE PROPOSED ZONING DESIGNATION IS COMMERCIAL WAREHOUSE.

THE INTENT OF THE COMMERCIAL WAREHOUSE DESIGNATION DUE TO THE COMBINATION OF POSED USES. THE COMMERCIAL WAREHOUSE DESIGNATION ALLOWS FOR LIGHT INDUSTRIAL USES WHICH IS PERMITTED IN THE INDUSTRIAL WAREHOUSES ZONING DESIGNATION TO THE NORTH AND ALLOWS FOR HIGH INTENSITY COMMERCIAL USES PERMITTED IN CI AND ALLOWS FOR MORE SMALL NEIGHBORHOOD IS USES.

THE CI ALSO INCLUDES REGIONAL TRANSPORTATION AS PART OF THEIR PERMITTED USES. THE CI IS MORE INTENSE THAN WHAT OUR CLIENT IS LOOKING FOR. SO THE PROPOSED CW DESIGNATION IS A MERGER OF THE TWO DESIGNATIONS BASED ON THE PROPOSED USES. AS PART OF THIS APPLICATION, OR A SEPARATE APPLICATION, A VACATION OF THE PUBLIC RIGHT-OF-WAY WHICH IS SHOWN IN YELLOW WAS REQUIRED IN ORDER TO MAKE THIS PROPERTY SUITABLE FOR THE REZONING.

THE VACATED AREA TAKES ABOUT A QUARTER OF AN ACRE.

THE PROPERTY ITSELF IS THREE QUARTERS OF AN ACRE.

THIS IS THE PROPOSED CONCEPTUAL PLAN.

IT WILL BE LESS THAN 10,000 SQUARE FOOT WAREHOUSE CONNECTING TO SAN MARCOS STREET AND OLD MOULTRIE ROAD TO THE EAST.

WE ARE BASED ON THE OF THE PROPOSED DEVELOPMENT, WE'RE LIKELY GOING TO REQUIRE UNDER GROUND WATER STORAGE FOR ANY PROPOSED DEVELOPMENT. THIS OF COURSE TAKES INTO CONSIDERATION THE RESIDENTIAL PROPERTIES I WAS DISCUSSING EARLIER. WE ARE GOING TO INCORPORATE A 20-FOOT BUFFER ALONG THE SOUTH AND EAST BOUNDARIES SO THEY ARE BUFFERED FROM THE PROPOSED WAREHOUSE.

THIS IS LOCATED ALONG ROAD LINK 55.

WHEN THIS APPLICATION WAS SUBMITTED A YEAR AGO, THE PERCENT SERVICE VOLUME WAS ABOUT 84%.

I THINK IT'S 83.8 % AND HAS DROPPED SINCE THE MORE PREVIOUS.

THE IMPACT OF THIS PROPOSED DEVELOPMENT WE DO NOT ANTICIPATE

[04:30:04]

TO GIVE YOU AN IDEA OF WHAT THE PROPERTY LOOKS LIKE.

THIS IS A NICE BIG PICTURE. THIS IS AN IDEA OF WHAT THE AREA LOOKS LIKE. YOU CAN SEE THE TOP OF THE WAREHOUSE FURTHER SOUTH AND THE HOME THAT WOULD BE NEXT TO THE PROPERTY TO THE SOUTH. AND WEST, IF YOU WERE TO PIVOT FROM THE PREVIOUS PICTURE TO THE RIGHT, HERE'S THE RESIDENTIAL HOUSE ON THE LEFT. YOU CAN SEE THE BACK HERE.

AND THIS CONTINUES ON ANOTHER LOCAL ROAD WITH A COUPLE MOBILE HOMES AND TYPICAL BLOCK. SO THIS IS LOOKING NORTH ON OLD MOULTRIE FROM THE SITE ITSELF. YOU CAN SEE THE INDUSTRIAL WAREHOUSE ZONING DESIGNATION WOULD BE OFF TO THE LEFT AND TAKE UP 4.5 ACRES. THAT WAREHOUSE APPEARS TO BE ABANDONED HOWEVER THERE IS A MULTITENANT SPACE NORTH OF IT.

YOU CAN SEE IT BARELY PAST THE CAR APPROACHING ME IN THE IMAGE.

AND THEN HERE IS SOUTH OF THE SITE.

HERE'S THE AUTOMOTIVE CENTER I POINTED OUT IN THE PREVIOUS IMAGE OFF TO THE LEFT. YOU CAN SEE SELF STORAGE AND A BETTER IDEA OF WHAT THE IMAGE LOOKS LIKE.

A TYPICAL WAREHOUSE WITH THE DRAW DOWN DOORS.

THIS PROPERTY HAS A MIXTURE OF SINGLE FAMILY, COMMERCIAL AND LIGHT INDUSTRIAL USES EXISTING ALREADY.

IF YOU HAVE AND QUESTIONS, I'M HERE TO ANSWER THEM.

WE BELIEVE THIS PROJECT IS CONSISTENT WITH THE MIXED USE LAND USE REQUIREMENTS BY PROMOTING INFILL DEVELOPMENT FOR COMMERCIAL USES AND APPROPRIATING THE LOCAL ECONOMY.

AND ALSO CONSISTENT WITH THE REQUIREMENTS OF THE ODC.

THANK YOU. >> QUESTIONS? OKAY. PUBLIC COMMENT.

>> WE WILL HEAR PUBLIC COMMENT ON AGENDA ITEM 7.

IF YOU WOULD LIKE TO MAKE PUBLIC COMMENT, PLEASE COME FORWARD.

SEEING NONE, WE'RE GOING TO CLOSE PUBLIC COMMENT ON AGENDA

ITEM 7. >> COMMISSIONER WALDRON, THIS IS DISTRICT THREE. WOULD YOU LIKE TO MAKE A MOTION?

>> YES, SIR, MOTION TO ENACT ORDINANCE 2022-

>> 61. >> REZONING 2021-42, OLD

[8. Public Hearing * VACROA 2022-07 - Public Hearing to vacate the unopened Navara Park subdivision ROWs dedicated for public use.]

AS PROVIDED IN THE STAFF >> SECOND.

>> EXCUSE ME. WE HAVE A MOTION AND SECOND.

PLEASE VOTE. >> YES.

>> YES. >> I VOTE

>> >> YES.

>> YES JEREMIAH. >> YES.

>> APPROVED 5-0. NUMBER 8.

>> GOOD AFTERNOON. CECILIA ALD RICH, 344 LIMONSTREET. THIS IS REQUEST FOR APPROVAL TO VACANT SOME ROADS IN A VERY OLD SUBDIVISION.

JUST TO SHOW YOU OUR HOMESTEAD PROPERTY WHERE WE HAVE LIVED FOR PAST 20 YEARS IS RIGHT THERE. AND THE STREETS TO BE VACATED IS MARITA STREET, RUNS OFF SARTILLO ROAD AND CASTEEL IS AN EXTENSION OF JENNERO STREET, RUNNING DOWN THERE AND LAPAZ IS THIS ONE.

THEY WERE THREE DIFFERENT PROPERTY OWNERS THAT WERE AFFECTED BY IT AND THEY HAVE ALL JOINED IN.

AND THERE WAS NO OPPOSITION THAT I'M AWARE OF FOR THIS.

I DON'T NEED TO READ THOSE DO YOU? EVERY PAGE? SO THAT'S BASICALLY IT.

WE'RE JUST TRYING TO VACATE THE ROADS IN THE PROPERTY BEHIND OUR

HOUSE. >> OKAY.

ARE THERE ANY QUESTIONS OF THE APPLICANT?

PUBLIC COMMENT. >> WE'RE GOING IT HEAR PUBLIC COMMENT ON AGENDA ITEM 8. IF YOU WOULD LIKE TO MAKE PUBLIC COMMENT COME FORWARD. SEEING NONE.

WE WILL CLOSE PUBLIC COMMENT ON AGENDA ITEM 8.

IS THERE A MOTION? >> YES MR. CHAIRMAN.

I MOVE TO ADOPT RESOLUTION 2022- >> 333.

>> APPROVING THE ROA 2022-07, M RITA SAINT CASTEEL AND LAPAZ TO

[04:35:07]

NORTH OF LIMON. >> MOTION AND

>>AR >>

>> >> PAUL.

>> YES. YES, SIR.

[9. Flagler Estates CRA Reserve Transfer]

>> YES. THAT PASSES 5-0.

THANK YOU. MA'AM.

I AM PUZZLED. I HAVE TO ASK THIS.

THIS PROPERTY IS ONLY ABOUT A FIVE IRON FROM HERE AND LISTED AS DISTRICT TWO. IT'S RIGHT OFF LUIS SPEEDWAY.

SOMEONE NOT NOW, REMIND ME WHY THIS IS IN MY BOOK AND SAYS DISTRICT TWO. NUMBER NINE.

>> MR. CHAIR. AT THIS POINT WE NEED TO RECESS BOARD OF COUNTY COMMISSIONERS AND CONVENE AS ST. JOHNS REDEVELOPMENT AGENCY TO HEAR THIS ITEM.

>> I HERE BY RECESS THE COUNTY COMMISSION MEETING AND CALL --

>> JUST THE ST. JOHNS REDEVELOPMENT AGENCY.

>> THAT'S WHAT I SAID. >> YES.

>> GOOD AFTERNOON COMMISSIONERS. JUST A REAL QUICK ADMINISTRATIVE ISSUE. I THINK THE FLAGLER ESTATES STEERING COMMITTEE SECRETARY APPEARED BEFORE YOU LAST MEETING OR MEETING BEFORE THAT AND REQUESTED $1,500 TO GO FROM THE CRA TRUST FUND SO THEY COULD DO AND OPENING CEREMONIES ON SEPTEMBER 16TH AND 17TH. YOU ALL RECEIVED AN INITIAL INVITE. OUR HOUSING STAFF IS WORKING WITH OUR PIO OFFICE TO DISTRIBUTE THOSE INVITATIONS.

IT'S A TRANSFER OF $1,500 FOR THE CEREMONIES.

>> ALL RIGHT. IS THERE A MOTION OR PUBLIC

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

SEEING NONE. SO WE'RE GOING TO CLOSE PUBLIC

COMMENT ON THIS AGENDA ITEM. >> ALL RIGHT.

IS THERE A MOTION ON ITEM NINE. >> YES, MR. CHAIRMAN, MOTION BY THE ST. JOHNS COUNTY COMMUNITY REDEVELOPMENT AGENCY TO AUTHORIZE THE TRANSFER OF $1,500 FROM THE FLAGLER ESTATES CRA TRUST FUNDS TO FUND THE INAUGURAL OPENING CEREMONIES.

[10. Consider appointments to the Mid-Anastasia Design Review Board.]

>> >>

WHIFRT. >> YES.

>> I VOTE YES. >> COMMISSIONER WALDRON.

>> YES. COMMISSION BLOCKER.

>> YES. >> ALL RIGHT AND THAT PASSES 5-0. VERY GOOD.

GREAT EVENT AND HOPEFULLY MAKE IT.

>> MS. SPENCER. >> MR. CHAIR, I APOLOGIZE.

WE HAVE TO WAIT A MINUTE. WE HAVE TO ADJOURN.

>> WE'RE GOING TO ADJOURN THE ST. JOHNS COUNTY COMMUNITY REDEVELOPMENT AGENCY MEETING AND RECONVENE THE REGULAR BOARD OF

COUNTY COMMISSIONERS MEETING. >> HEREBY ADJOURN THE CRA AND RECONVENE THE COMMISSION MEETING.

>> GOOD AFTERNOON, JOANNE SPE SPE SPENCER,ASSISTANT.

I AM HERE FOR YOU TO CONSIDER THE MIDANASTASIA DESIGN REVIEW BOARD. THE OTHER FOUR HAVE BEEN VACANT FOR AN EXPIRED TIME. A VACANCY ADWAS OPEN FOR SEVEN MONTHS. THE VACANCY ADWILL BE PLACED AT A LATER DATE. IN ORDER TO ENSURE MEMBERSHIP CONTINUITY AND FOUNDING ARTICLE TWO OF RESOLUTION 2015207 OF THE MADRP BY LAWS AND OPERATING PROCEDURES, IT IS RECOMMENDED THAT THE TERM LIMITS BE STAGGERED.

IF ACCEPTABLE TO THE BOARD, THE TERMS OF THESE,A POINTMENT SAYS WILL BE AS FOLLOWS. THE THREE REAPPOINTED MEMBERS WILL SERVE FOUR-FULL YEAR TERMS AND THREE INITIALLY APPOINTED MEMBERS WILL SEVEN TWO YEAR TERMS. AFTER THE NEW TERMS ARE COMPLETED, MEMBERS ARE ELIGIBLE FOR TWO ADDITIONAL FOUR-YEAR TERMS. PLEASE SEE ATTACHED FOR YOUR REVIEW, A RECOMMENDATION AND SIX APPLICATIONS. ANY QUESTIONS LET ME KNOW.

>> THANK YOU JOANNE. QUESTIONS? OKAY. PUBLIC COMMENT.

>> BOARD WILL HEAR PUBLIC COMMENT ON AGENDA ITEM 10.

>> SEEING NONE. WE WILL CLOSE NUMBER 10.

WE HAVE A SERIES OF APPOINTMENTS.

DO WE NEED TO DO THESE INDIVIDUALLY? I WOULD RECOMMENDATIONS A MINIMUM OF TWO MOTION SAID.

ONE TO REAPPOINT AND STATE THE THREE NAMES UNTIL SEPTEMBER 6, 2026, AND A SECOND MOTION TO APPOINT, STATE THE THREE NAMES

[04:40:05]

>> MOTION ON THE FIRST THREE. >> MR. CHAIRMAN, I WILL BE HAPPY TO MOVE THIS. I MOVE TO REAPPOINT ROBERT, FOR GIVE ME FOR THE NAMES. BOEZ, GINGER --

>> NO. I HAVE LANGUAGE FOR MR. BOAZ.

FIRST MOTION BEING THIS. I'M GOING TO MOVE TO REAPPOINT ROBERT BOAZ TO THE ANASTASIA REVIEW BOARD FOR ALTERNATE FULL FOUR YEAR TERM SCHEDULED TO ENTIRE

>> >>

>> ARNOLD. >> YES.

>> I VOTE NECESSARY. YOO --

>> PAUL. >> YES, SIR.

>> JEREMIAH. >> YES.

>> THAT'S APPROVED 5-0. I MOVE TO REAPPOINT GIJER

BORGMAN AND PAUL GREEN FOR A >>

>> SECOND. >> WE HAVE MOTION AND SECOND.

COMMISSIONER >> YES, SIR.

COMMISSIONER WHITEHURST. >> YES.

COMMISSIONER WALDRON. >> YES.

>> COMMISSIONER BLOCKER. >> YES YES, SIR.

I VOTE NECESSARY. THAT PASSES 5-0.

LASTLY, I WILL MOVE TO APPOINT SANDRA GAYLE BOND AND BREZLLOWER AND MAUREEN LONG TO THE MID ANASTASIA DESIGN REVIEW BOARD FOR A PARTIAL TWO YEAR TERM SCHEDULED TO EXPIRE

>> SECOND. >> ALL RIGHT.

MOTION AND SECOND. COMMISSIONER ARNOLD.

YOO YES, SIR. WHIFRT.

[Public Comment]

>> YES. I VOTE YES.

>> COMMISSIONER WALDRON. YES, SIR.

>> COMMISSION BLOCKER. >> YES, SIR.

THOSE PASS. THOSE MOTIONS PASS.

>> THAT COMPLETES I BELIEVE DOES IT NOT COMPLETE? I THINK IT DOES. THE AGENDA SO FAR TODAY.

LET'S GO AHEAD AND DO PUBLIC COMMENT AND COMMISSIONER REPORTS. LET'S START WITH PUBLIC COMMENTS

PLEASE. >> YES, SHERRY.

THE BOARD WILL HEAR PUBLIC EXTENT ON ITEMS NOT ON THE REGULAR AGENDA. ANY PERSON WISHING TO ADDRESS THE BOARD SHOULD COME TO THE PODIUM AND STATE HIS OR HER NAME AND PROVIDED THREE MINUTES TO SPEAK AND COMPLY THE RULES WITH THE DEKORUM. COMMENTS SHOULD BE ADDRESSED TO THE BOARD AS A WHOLE AND MAY NOT INCLUDE A DEMAND FROM A RESPONSE TO THE BOARD. NO PERSON MAY REPORT WITH SLANDEROUS OR BOISTEROUS REMARKS.

I WOULD ASK ANY SPEAKER THAT PRESENTS OVER HEAD MATERIAL PRESENT TO THE STAFF OF THE CLERK OF THE COURT TO BE INTERESTED INTO THE PUBLIC RECORD.

>> SHERRY BADGER, 2772 SOUTH COLLINS AVENUE.

I'M HERE AGAIN, COMMISSIONER DEAN BROUGHT THIS BACK TO YOUR ATTENTION IF EVERYONE IS WONDERING WHY I HAVE BEEN COMING TO EVERY MEETING FOR THE LAST FIVE YEARS, LONGER THAN SOME OF Y'ALL HAVE WORKED HERE. TO GIVE YOU A BRIEF HISTORY OF ROAD ON COLLINS AVENUE. BACK IN 1988, IT WAS 30 FEET AND 88, IT WAS 30 FEET AND 98 IT WAS 45 FEET.

2000 IT WENT TO 60 FEET. AND 2006 IT WENT BACK TO 45.

THIS DID HAPPEN BEFORE YOU CAME ON THE BOARD COMMISSIONER DEAN, IT WENT BACK TO 60. WELL, HERE IS THE COMMISSION DENIAL OF THE 2006. IT WAS BASICALLY BECAUSE THE ROAD WAS ONLY 45 FEET WIDE. OKAY.

AND THEN HERE THIS IS A LETTER FROM JAMES, TESTIMONY TO JAMES WHITE HOUSE TO THE SPECIAL MAGISTRATE THAT WE HAD WENT BEFORE. OKAY SO IN 2007, THE DENIAL IN 2006 FOR RANDA WHITFIELD APPEALED TO A SPECIAL MAGISTRATE. JAMES WHITE HOUSE WAS THE ASSISTANT COUNTY ATTORNEY AT THE TIME.

THEN AND THAT TOO. BACK IN 2002 WHEN ALL THIS WAS

[04:45:04]

AND THIS IS SOMETHING THAT Y'ALL, I HAVE ALL THESE PAPERS FROM THE SPECIAL MAGISTRATE AND Y'ALL ALL NEED TO BE LOOKING MORE CLOSELY WHAT STAFF IS DOING AND APPROVING THIS STUFF.

IT GOES BEFORE THE PLANNING AND ZONING BOARD THEN IT COMES BEFORE Y'ALL, AND Y'ALL THINK ALL THIS INFORMATION IS ACCURATE. WHAT NEEDS TO BE DONE IS Y'ALL NEED TO SWEAR IN YOUR EMPLOYEES. BECAUSE YOUR EMPLOYEES DO NOT GET UP HERE AND TELL THE TRUTH. GOD BLESS.

HAVE A GREAT DAY. >> THANK YOU MR. BADGER.

ANYBODY ELSE WISH TO MAKE PUBLIC COMMENTS ON ITEMS NOT ON THE

AGENDA? >> NICOLE CROSBY, 1169 PONTE VEDRA. THIS IS A PHOTO OF THE AUDITORIUM AT HISTORIC HASTINGS HIGHWAY.

I KNOW THE RESIDENTS OF HASTINGS FEEL THE SAME.

IT'S LISTED ON THE NATIONAL RIDGESTER OF HISTORIC PLACES AND WAS DESIGNED BY A WELL KNOWN FLORIDA ARCHITECT.

I UNDERSTAND IT'S BEEN THE FOCUS OF PRESERVATION EFFORTS FOR 30 YEARS. THE PUBLIC WOULD LIKE TO KNOW WHAT THE COUNTY PLANS FOR THE BUILDING.

MY UNDERSTANDING IS THE CULTURAL RESOURCE COORDINATOR WAS FORCED TO RESIGN OR BE FIRED SEVERAL WEEKS AGO.

I BELIEVE THERE'S A HISTORY OF CONTENTION IN THE POSITION BECAUSE OF THE POLITICS INVOLVED.

ST. JOHNS COUNTY HAS MANY HISTORICAL SITES, BUILDINGS AND NATIVE BURIAL GROUNDS BEING THREATENED.

THE HASTICS CIVIC CENTER WAS TORN DOWN.

THERE WAS PRESSURE FROM HIGH UP IN OUR COUNTY TO DESTROY IT.

NOW THAT MR. ASNER IS OUT OF OFFICE, THERE'S NO ONE TO GUIDE THE PUBLIC'S INTEREST IN PRESERVING HISTORICAL SITES IN THE COUNTY. I BELIEVE THE PUBLIC ENJOYED WORKING WITH THE COUNTY AND WAS PASSIONATE ABOUT PRESERVING THE PLACES THAT MADE THEIR COUNTY SPECIAL.

PEOPLE WANT TO DESIGNATE HISTORIC STRUCTURES.

IT'S BEEN SAID THE COUNTY DOES NOT WANT HISTORIC STRUCTURES.

OUR COUNTY WEBSITE SAYS ST. JOHNS COUNTY EMBRACES HISTORIC STRUCTURE. THIS PROVIDES A SENSE OF PLACE.

YOU'RE ERASING THE COMMUNITY'S HISTORY WHEN YOU DEMOLISH THE HISTORY. THE CRRB WANTS HASTINGS HIGH SCHOOL PRESERVED. HE IS ONE EVER MOST KNOWLEDGEABLE HIGHLY EDUCATED WELL INFORMED STAFF MEMBERS I HAVE SPOKEN TO IN THE COUNTY. THERE ARE A LOT OF GREAT STAFF MEMBERS IN THE COUNTY. I'M ASKING YOU TO PLEASE REVIEW CAREFULLY THE CIRCUMSTANCES OF MR. ASNER'S REMOVAL AND PLEASE INCLUDE HIS INPUT WHEN YOU DO SO.

MR. ASNER IS AN ASSET TO HISTORIC PRESERVATION.

A VERY HISTORIC BUILDING IS SET TO BE MOVED OR DEMOED IN A COUPLE MONTHS. THIS REMINDS ME OF PRESERVATION OF TREES THERE WAS A MASTER THAT WAS ALSO REMOVED.

OUR MIGHTY OAKS ARE BEST DEALT WITH A CHAIN SAW AS IS THOUGHT.

WE NEED QUALIFIED EXPERTS TO LEAD US.

PLEASE REVIEW MR. AMER'S CASE AND CONSIDER BRINGING HIM BACK WHERE HE BELONGS, ST. JOHNS COUNTY.

THANK YOU. WOULD ANYBODY ELSE LIKE TO MAKE PUBLIC COMMENT?

>> OH, THANK YOU, SIR. TRAY ASNER SHOULD BE REINSTATED IMMEDIATELY. HE DID AN EXCELLENT JOB.

HE IS A GOOD AND DESCENT MAN. WE NEED TO ENCOURAGE.

HE'S 27 YEARS OLD WITH A MASTER'S DEGREE.

I HAVE KNOWN HE AND HIS FAMILY FOR A LONG TIME.

THEY ARE GOOD, GOOD PEOPLE. THIS IS A MISTAKE THAT NEEDS TO BE REVERSED. IN SUNDAY WE LEARNED THEY'RE NOT GOING TO HAVE AN OPINION PAGE ANYMORE.

DID Y'ALL READ THAT? IT'S A LITTLE NOTE AFTER THE LETTER OF EDITOR AND SAID THAT WOULD BE THE LAST DAY THEY WOULD EVER HAVE AN OPINION PAGE. WE NEED TO HAVE LOCAL BUSINESS

[04:50:05]

WE MOVED HERE NOVEMBER 5TH, 1999, AND HAD A FULLY FUNCTIONING DAILY NEWSPAPER THAT COVERED THE TRUTH AND THEY DON'T DO IT ANYMORE. IT'S NOT A LOCAL NEWSPAPER ANYMORE. I THINK MAYBE THE ST. JOHNS COUNTY COMMISSION OUGHT TO PASS A RESOLUTION CALLING ON GONET TO MAKE AVAILABLE THE ST. AUGUSTINE RECORD PROPERTY TO BE PURCHASED BY LOCAL PEOPLE WHO SUPPORT LOCAL NEWS.

I PRESENTED YOU WITH 25 IDEAS FOR GOVERNMENT REFORM.

NONE OF Y'ALL RESPONDED. I HOPE THERE'S A RESPONSE AND I HOPE TO SCHEDULE A MEETING FOR THE CHARTER REVIEW COMMISSION.

CHAIRMAN DEAN SERVED ON THE SAINT AUGUSTINE BEACH CHARTER A FEW YEARS BACK AND DID AN EXCELLENT JOB.

WE HAVE NEVER HAD THAT FOR ST. JOHNS COUNTY.

WE NEED POLICE BODY CAMERAS. WE NEED DASH BOARD CAMERAS.

IT'S THE STANDARD OF CARE AND AT 5:01, I'M GOING TO ASK Y'ALL TO DO A BUDGET AMENDMENT. I HOPE THE VOTES ARE THERE TO ADD A LINE ITEM IN THE SHERIFF'S BUDGET TO PROVIDE BODY CAMERAS.

ADLAY STEVENSON ONCE SAID, AS SCARCE AS TRUTH IS, THE SUPPLY SEEMS GREATER THAN THE DEMAND. WE NEED TO HEAR WHAT COUNTY EMPLOYEES LIKE TREY ASNER ARE SAYING.

THE LAND ACQUISITION PLAN BOARD BOTH OF THOSE MEETINGS ARE HELD IN A CONFERENCE ROOM OVER IN THE GROWTH MANAGEMENT BUILDING AND NOT IN THIS ROOM. I ASKED REPEATEDLY COULD THEY PLEASE MEET HERE. VIDEOTAPED WITH PUBLIC PARTICIPATION. WE NEED MORE WELCOMING SPIRIT IN ST. JOHNS COUNTY. IN ONE OF THE SENATOR'S OFFICE, HE HAD A RULE YOU HAD TO ANSWER CONSTITUENT CORRESPONDENCE IN 24 HOURS. IF YOU DON'T ANSWER CONSTITUENT CORRESPONDENCE, HOW DO WE KNOW YOU'RE GOVERNING? YOU NEED STAFF. YOU NEED EVERY COMMISSION NEEDS AT LEAST TWO STAFF PEOPLE LIKE APPARENTLY Y'ALL HAD PRIOR TO 2010. THANK YOU.

>> THANK YOU MR. SLAVEN. ANYBODY ELSE LIKE TO MAKE A NON-AGENDA PUBLIC COMMENT? YES, SIR.

WELCOME MR. HINKLE. >> MY NAME IS ERIC HINKLE.

PONTE VEDRA FLORIDA. I AM COMING HERE TO REQUEST OR ACTUALLY OFFER ASSISTANCE TO REQUEST THAT THE CURRENT REMODEL OF CORNERSTONE PARK BE PLACED ON AN UPCOMING AGENDA ITEM AND REMOLDELLING COMPLETION IN THE UPCOMING FISCAL YEAR.

I TALKED TO EACH OF YOU CONCERNING THE NEEDS AND FIELD CAPACITY AND THE GROWTH WITHIN OUR YOUTH SPORTS OVER THE LAST THREE YEARS. THIS OFFERS, THE PROPOSAL WE HAVE MADE WITH THE COUNTY OFFERS A WAY FOR US TO UTILIZE OUR EXISTING SPACE AT A MUCH, MUCH MORE EFFICIENT COST STRUCTURE THAN WHAT I NEW PARK WOULD COST BY REQUEST OF THE COUNTY, WE HAVE ENGAGED WITH PARKS AND REC AND ENLISTED A PRIVATE SPONSOR TO HELD FUND A PORTION AND SOLICITED FEEDBACK FROM THE COMMUNITY ON THE PROJECT. AS A RESULT OF THIS, WE HAVE ACTUALLY REVISED OUR REQUESTED HOURS.

SO THAT WE CAN CUT OUR ACTIVITIES OFF EARLIER WITHIN THE WEEK FOR RESPECT OF OUR NEIGHBORS ADJACENT TO THE PARK.

WE WILL ALSO EXCUSE ME INCLUDE BATTING CAGES WHICH IS A GREAT SUGGESTION BY ONE OF THE NEIGHBORS AT THE COMMUNITY MEETING FOR US TO MITIGATE THE NOISE.

SO WITH THAT, WE ARE OFFERING OUR SERVICES HERE TO THE BOARD

[Commissioners' Reports]

THANK YOU. >> THANK YOU.

ANYBODY ELSE FOR GENERAL PUBLIC COMMENT? NONAGENDA PUBLIC COMMENT. SEEING NONE.

WE'RE GOING TO CLOSE PUBLIC COMMENT.

>> THANK YOU, CHRISTIAN THAT TAKES US TO COMMISSIONER REPORTS. START ON MY LEFT, COMMISSION

BLOCKER. >> THANK YOU MR. CHAIRMAN.

I HAVE A COUPLE ITEMS I WOULD LIKE TO COVER.

I WOULD LIKE TO CONGRATULATE THE DISTRICT FOUR COMMISSIONER, MS. CHRISTA KEATING JOSEPH ON WINNING THE REPUBLICAN PRIMARY ON 23RD AUGUST. OUR PRAYERS ARE WITH MRS. KEATING JOSEPH AND HER FAMILY AS SHE TRANSITIONS INTO A NEW ROLE

[04:55:04]

MY FAMILY WILL KEEP YOU AND THE REST OF YOU WITH OUR PRAYERS.

OUR STAFF AS WELL AS YOU CONTINUE WITH YOUR SERVICE TO THE RESIDENTS. SO CONGRATULATIONS TO MS. KEATING JOSEPH. AS FAR AS AGENDA ITEMS, I JUST WANT TO KIND OF BRIEFLY TALK ABOUT FLAGLER HOSPITAL.

I THINK THERE'S BEEN ON-GOING DISCUSSIONS ABOUT OPPORTUNITIES WITH FLAGLER HOSPITAL. THIS IS IMPORTANT TO OUR RESIDENTS AS WE HAVE EXPANDING HEALTHCARE.

I WOULD LIKE TO ASK AS WE AS A COUNTY GOVERNMENT ASSIST AT TAKING AT UC HEALTH TO PARTNER OR ACQUIRE FLAGLER HOSPITAL.

THEY WERE DISCUSSIONS LAST YEAR, I BELIEVE THOSE DISCUSSIONS FELL APART AT FLAGLER HOSPITAL IS UNDER NEW LEADERSHIP AND IS LOOKING FOR AN RFP TO BE PURCHASED.

I KNOW THERE'S A STRONG INTEREST IN THE PART OF U.S. HEALTH FOR A POTENTIAL ACQUISITION FOR FLAGLER HOSPITAL.

I THINK IT'S WORTH OUR STAFF'S TIME TO LOOK INTO TO FACILITATE THIS. THE SERVICES THAT UF HEALTH WOULD BE ABLE TO BRING TO ST. JOHNS COUNTY IS CRITICAL.

WE SHOULD LOOK AT THE DIFFERENT PARKINSON SERVICES AND MEMORY CARE AND OTHER OPTIONS UF HEALTH WOULD ASK.

I WOULD ASK IF THERE'S CONSENSUS TO ASK STAFF TO TAKE A LOOK AT THIS AND SEE IF THERE ARE OPTIONS WE AT ST. JOHNS COUNTY

IT MAYBE HELP FACILITATE THAT. >> LET ME SEE, IS THERE A

CONSENSUS >> ABSOLUTELY.

>> OKAY. I THINK, EXCUSE ME, PAUL, DO YOU HAVE ANY COMMENTS? DID YOU HEAR JEREMIAH.

ANY THOUGHTS? >> NO, SIR, I DON'T HAVE ANY COMMENTS AT THIS TIME THAT WOULD BE YOU KNOW, I HAVE HEARD THEY'RE NOTING TO BE ACQUIRED AND IT WOULD BE NICE TO HAVE UF

HEALTH WOULD BE A GOOD ONE. >> YOU NEED VARIETY BUT YOU NEED GOOD HEALTHCARE. I CAN TELL YOU FLAGLER DOES A GOOD JOB. YOU KNOW, STAFFING AND EVERYTHING THEY GOT, IT WOULD BE GOOD TO SEE SOMEONE COME IN TO TRANSITION. WE NEED TO TAKE CARE OF THE RESIDENTS WITH A TOPNOTCH HOSPITAL.

>> THANK YOU. PAUL.

I THINK YOU HAVE YOUR CONSENSUS JEREMIAH.

THANK YOU MR. CHAIRMAN. I HAVE ALSO ASKED THE COUNTY TO LOOK AT OUR ORDINANCES IN RELATION TO VIOLATIONS.

I ASKED OUR COUNTY ATTORNEY TO LOOK INTO THE POTENTIAL OF THE PROBLEMS WITH HAVE WITH FINES NEEDING TO BE REVIEWED.

THERE ARE FINES WE HAVE ABOUT UNKEPT PROPERTY, ILLEGAL FENCING AND FAILURE TO MOW. WE HAVE SEVERAL TROUBLING SITUATIONS IN THE COUNTY WHERE YOU HAVE A PROPERTY OWNERS THAT HAVE NOT BEEN FOLLOWING THE RULES, HAVE PUT UP ILLEGAL FENCING OR NOT MAINTAINED THEIR PROPERTY.

PUTNAM COUNTY, I SPEAK WITH MR. BRADLEY ABOUT THIS.

HE USED TO BE A SPECIAL MAGISTRATE.

THERE ARE OTHER COUNTIES ADJACENT TO US THAT HAVE TAKEN A FIRM APPROACH. IT'S TIME TO LOOK AT OUR ORDINANCES WHETHER WE HAVE THE RIGHT FINES IN PLACE AND WHETHER THIS IS SOMETHING WE NEED TO ADDRESS.

WE HAVE ONE RESIDENTIAL PROPERTY THAT IS IN A SERIOUS STATE OF BEING UNKEPT IMPACTING THE PROPERTY VALUES OF THE PROPERTY OWNERS THERE. THIS IS A PARCEL THAT HAS BEEN UNMOWED. YOU HAVE GRASS UP TO SIX FEET TALL. YOU HAVE ILLEGAL FENCE AND CIRCLES THE PROPERTY. THERE'S BEEN A NUMBER OF FINES THAT HAVE BEEN ISSUED BUT BASED ON THAT WE HAD A GAP IN OUR HAVING A MAGISTRATE THERE, THAT CREATED SOME GAPS AND ADDRESSING THIS PROBLEM. WE'RE ALL OUT OF EVERYONE'S CONTROL. WE CAN TAKE THIS AS AN OPPORTUNITY TO TAKE A LOOK AT HOW WE ADDRESS THIS.

THERE'S A SITUATION IN PUTNAM COUNTY.

THE COUNTY AFTER A CERTAIN PERIOD CAN GO IN.

MOW THE PROPERTY, MAINTAIN IT, SEND THE BILL TO THE PROPERTY OWNER WHICH COULD TURN INTO A LIEN.

I'M NOT SUGGESTING THIS IS THE APPROACH.

I'M LOOKING FOR BOARD CONSENSUS TO SEE IF WE CAN DIRECT THE COUNTY ATTORNEY'S OFFICE TO REVIEW THIS, LOOK AT THIS AND SEE IF THERE ARE IMPROVEMENTS THAT CAN BE MADE IF THERE ARE

OPPORTUNITIES GOING FORWARD. >> BY THE WAY, AS I UNDERSTAND IT, THERE'S A COURT HEARING ON THIS PARTICULAR ISSUE.

THIS PARTICULAR FENCE AND GROWN LOT.

>> CORRECT. >> SO I WAS GOING TO ASK SINCE THE COURT HEARING IS IN THE MORNING, TOMORROW MORNING,

RIGHT? >> YES.

9:00 A.M. TOMORROW. WOULD YOU LET US KNOW WHAT THE

[05:00:01]

THIS ISSUE TOO. >> YES, SIR.

WITH THAT SAID, I CERTAINLY AGREE WITH YOU JEREMIAH.

WE'RE OVER DUE TO LOOK AT THAT. IF THERE'S A CONSENSUS, WE WILL

DO THAT TOO. >> SURE.

THANK YOU. JUST ONE MORE ITEM.

JUST AS A PARTING THOUGHT, A FINAL THOUGHT HERE ON THE IMPORTANCE OF OUR UPCOMING 9/11 REMEMBRANCE.

THIS FOR MANY OF US WAS AN IMPORTANT ISSUE TO FIGHT FOR THE UNITED STATES. I WAS A YOUNG STUDENT AT THE UNIVERSITY OF FLORIDA WITH ZERO INTEREST IN SERVING FROM THE MILITARY. I CAME FROM A FAMILY OF MILITARY SERVICE. THAT WAS THE MOTIVATION TO FIGHT THE BATTLE. IT'S IMPORTANT AS TIME AND DISTANCE, THIS MEMORY REMAIN STRONG AND RELEVANT AND ENDURING MEMORY FOR THE MANY CIVILIANS THAT WENT TO WORK NOT REALIZING THAT WOULD BE THEIR FINAL MORNING AND THEIR STATUS AS CIVILIANS WOULD NOT BE HONORED BY OUR ENEMIES.

LET'S KEEP THE PAINFUL MEMORIES FRESH AND REMEMBER OUR COUNTRY'S SECURITY IS ONLY AS SECURE AS THE MEN AND WOMEN WHO SUPPORT

IT. >> THANK YOU, SIR.

CHRISTIAN. >> WELL I HAVE GOT ONE THING BUT I WANTED TO SAY MR. HINKLE CAME UP AND ASKED TO PUT THE CORNERSTONE PARK ON A FUTURE AGENDA.

I ATTENDED THE COUNTIES, I DON'T KNOW WHAT WE'RE CALLING THIS.

BASICALLY AN OPEN HOUSE TO THE PUBLIC TO LEARN MORE ABOUT THAT.

I THINK PONTE VEDRA ATHLETIC ASSOCIATION AND OUR PARK AND REC HAD DONE A FANTASTIC JOB. I WOULD LIKE TO SEE THAT PUT ON A FUTURE AGENDA. I AM EXCITED TO DISCUSS WHAT PVA AND OUR STAFF HAS DONE PRIVATELY.

DO WE HAVE CONSENSUS? FOR THAT?

>> SO THAT'S ONE. TWO, IS IN MY DISTRICT AND I THINK COMMISSIONER DEAN NOW YOUR DISTRICT GOES TO DUVAL COUNT AND ALMOST NASSAU COUNTY. COUNTY ROAD 210 CONTINUES TO COME UP IN PHONE CALLS, E-MAILS AND PUBLIC MEETINGS I WALK INTO.

I KNOW STAFF HAS BEEN WORKING ON IT.

I KNOW THERE'S CIP IMPROVEMENTS IN THE PIPELINE.

IF THERE'S CONSENSUS FROM THE BOARD, I WOULD LIKE TO DISCUSS THE FUNDED SEGMENT OF 210 THAT HAS BEEN DISCUSSED BEFORE JUST TO GIVE AND OF MY NEIGHBORS AND FRIENDS AN UPDATE IN DISTRICT ONE AND TWO, WHERE ARE WE IN THE PROJECT FROM CIMARON TO GREEN BRYAR ROAD AND 210 EAST OF I-95 TO BEACH WALK.

I KNOW IT CAME UP TODAY IN THE TWIN CREEKS MEETING.

TO HAVE A COMPREHENSIVE DEEP DIVE TO APPRISE THE PUBLIC OF WHAT IS GOING ON, WHERE ARE WE? WHAT THE TIMELINE TO GET CONCRETE INFORMATION AND FACTS TO THE RESIDENTS WHO LIVE IN

THAT PART OF OUR COUNTY. >> I WOULD LIKE TO SEE THAT AS AN AGENDA ITEM TO DIVE INTO THAT.

CONSENSUS ON THAT. >> I CERTAINLY AGREE.

>> ABSOLUTY. THAT'S TO BEACH WALK OR THROUGH

BEACH WALK? >> I WILL BE WILLING, LET'S GET IT ALL THE WAY TO U.S. 1. THERE'S MULTIPLE DEFICIENT LINK SAYS ON THE SECTION OF THE ROADWAY.

I KNOW YOU AND I GET A LOT OF E-MAILS ON THAT.

THE PUBLIC DESERVES TO BE WHAT IS GOING ON AND OUR GAME PLAN.

IF THERE'S ACTIONS WE THAT TAKE TO SPEED IT UP.

I WOULD WANT TO KNOW IT. >> THOSE ARE MY COMMENTS.

THANK YOU MR. CHAIR. >> COMMISSIONER ARNOLD.

I THINK COMMISSIONER WHITEHURST SPOKE ON MY MIND.

I WILL LEAVE IT AT THAT. >> COMMISSIONER WALDRON, ANY

COMMISSIONER REPORTS? >> NO, SIR.

I AGREE WITH COMMISSIONER WHITEHURST.

GOOD TO LOOK AT 210, 16. ALL THE MAJOR ROADS WE ALL GET E-MAILS ABOUT. HAVE A SET TIMELINE TO LET RESIDENTS KNOW WHAT IS GOING ON. HOW IT'S FUNDED.

AND THEN I AGREE WITH COMMISSIONER BLOCKER ABOUT THE FINES. I HAVE ACTUALLY ASKED STAFF TO START LOOKING AT THAT A COUPLE WEEKS AGO.

WAITING KIND OF TO HEAR BACK A LITTLE BIT.

YOU KNOW, TO BRING IT UP. I THINK IT'S A GOOD THING.

WE NEED TO BE ON TOP OF IT AND GET SOME OF THESE AREAS CLEANED UP WHERE PEOPLE ARE JUST OKAY I WILL PAY THE FINE AND MOVE ON.

HOPEFULLY WE WILL GET GOOD RESULTS ON THAT ONE.

THAT'S IT FOR ME MR. CHAIRMAN. THANK YOU FOR YOUR THOUGHTS AND PRAYERS. I AM GETTING BETTER AND HOPEFULLY GET DISCHARGED TOMORROW.

[05:05:02]

WEEK. >> GREAT.

WE ALL HAVE BEEN THINKING OF YOU,

>> THANK YOU. >> OKAY.

I WANT TO MENTION AT LEAST ONE THING THAT I AM NOT EVEN SURE IF I'M ASKING FOR ANYTHING YET. I WANT TO BRING IT TO EVERYONE'S ATTENTION. IT'S SORT OF OUT OF MY LOCAL AREA BUT BOTHERS ME BECAUSE THERE'S A PROJECT GOING FORWARD SEEKING A WATER MANAGEMENT PERMIT TO BASICALLY DESTROY SEVEN ACRES OF WETLANDS OF THE GUANO RIVER PRESERVE.

I WANT TO SAY IT'S SOMETHING LIKE MARSH HARBOR.

IT'S GOING THROUGH THE PERMITTING PROCESS AT THE SOUNDS WATER MANAGEMENT DISTRICT AND APPARENTLY ALREADY RECEIVED THE 404 SIGN OFF FROM DEP WHICH WAS THE PROGRAM DELEGATED FROM THE FEDERAL BACK TO THE STATE. IT'S RECEIVED THE 404.

GOING THROUGH THE REVIEW PROCESS.

THE WATER MANAGEMENT DISTRICT HAS ISSUED A REQUEST FOR MORE INFORMATION. IT LITERALLY IS IN A WETLANDS SYSTEM WHERE SEVEN ACRES WOULD BE DESTROYED AND WE'RE NOT GOING TO HAVE ANY SAY BECAUSE THIS PROJECT, THIS SITE WAS REZONED IN 2006 TO COMMERCIAL. SO IT WILL NOT BE COMING TO US FOR A FORMAL APPROVAL THAT I'M AWARE OF ANY KIND.

I'M CONCERNED ABOUT THE IMPACTS IT MAY HAVE AND WANT TO WEIGH IN ON BEHALF OF THE COUNTY COMMISSION TO EXPRESS OUR CONCERN WHAT IMPACT THIS MAY HAVE IN THIS AREA THAT IS IMPACTED SO I WOULD LIKE I GUESS A CONSENSUS FROM YOU GUYS TO LET ME SORT OF SPEAK FOR THE COUNTY TO LET THE WATER MANAGEMENT DISTRICT KNOW WE WOULD LIKE TO BE AN INTERESTED PARTY.

IF YOU'RE AN INTERESTED PARTY, THEY SEND YOU NOTIFICATION OF THEIR INTENT TO ISSUE AND WE CAN REACT TO THAT.

I HAVE NO IDEA AT THIS POINT WHETHER THEY'RE GOING TO ISSUE AN INTENT TO APPROVE OR DENY BECAUSE IT'S GOING THROUGH THE PROCESS. I WANTED TO BRING THAT TO EVERYONE'S ATTENTION AND EXPRESS MY CONCERN.

THAT'S

* This transcript was compiled from uncorrected Closed Captioning.