Oct 06, 2020 Board of County Commissioners

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>> ST. JOHN'S COUNTY BOARD OF COUNTY COMMISSIONS OCTOBER 6TH, 2020.

[Call to Order by Chair]

IN ORDER TO MITIGATE THE ADMISSION OF CORONAVIRUS AND REDUCE THE RISK OF ILLNESS THE GOVERNOR SUSPEND THE REQUIREMENT OF A PHYSICAL QUORUM AND ADOPTED PROCEED TURZ CONDUCT MEETINGS USING REMOTE -- PROCEDURES TO CONDUCT MEETINGS USING REMOTE ORDERS 2020-10 SO THE PUBLIC HAS MEANS TO COMMENT WITHOUT PHYSICALLY ATTENDING. ALONG WITH PRIOR COMMUNICATIONS INCLUDING E-MAIL THE PUBLIC WILL BE ABLE TO COMMENT VIA TELEPHONE TV OR STREAMING POSTED ON THE COUNTY WEBSITE. THE WEBSITE ALSO PROVIDES A TELEPHONE NUMBER FOR YOU TO CALL INTO THE MEETING. EVEN IF MEMBERS OF THE PUBLIC DO NOT PROVIDE COMMENT, PARTICIPANTS ARE ADVISED PEOPLE MAY BE LISTENING WHO DO NOT PROVIDE COMMENT AND THOSE PEOPLE -- THOSE PERSONS ARE NOT REQUIRED TO IDENTIFY THEMSELVES. PLEASE NOTE THIS MEETING IS BEING RECORDED THE FOR THOSE OF YOU CALLING INTO COMMENT IF YOU RECEIVE A BUSY SIGNAL PLEASE CALL BACK. IN ADDITION, PLEASE SELF-TIME THE THREE MINUTE TIME LIMIT BECAUSE THE THREE MINUTE TIME -- THREE-MINUTE COMMENT TIMER MAY NOT BE VISIBLE TO YOU.

PLEASE MUTE YOUR TELEPHONE, WHILE WERE WAITING TO COMMENT AND MUTE THE MEETING ON YOUR TELEVISION WHILE YOU'RE SPEAKING. PLEASE BE AWARE THERE MAY BE A 30-SECOND DELAY IN THE VISUAL PRESENTATIONS. IF WE EXPERIENCE ANY TECHNICAL DIFFICULTIES WE'LL RECESS BRIEFLY WHILE THEY ARE RESOLVED AND WE'LL RESUME THE MEETING.

MEETING MATERIALS ARE AVAILABLE ON THE COUNTY WEBSITE UNDER AGENDAS AND MINUTES.

ONCE YOU FIND THE MEETING AGENDA YOU CAN CLICK ON THE AGENDA ITEM TO ACCESS ALL THE SUPPORTING MATERIALS. SEEING THIS MORNING WE'LL HAVE REMOTE MEMBERS OF THE BOARD PARTICIPATING AND EACH VOTE WILL BE DONE VIA ROLL CALL. WITH THAT BEING SAID, WE'LL NOW

I'LL ASK THE CLERK TO PLEASE CALL THE ROLL. >> CHAIR COMMISSIONER JEB SMITH.

>> PRESENT. >> VICE CHAIR COMMISSIONER JEREMIAH BLOCKER.

>> PRESENT. >> COMMISSIONER JAMES JOHNS. >> PRESENT.

>> COMMISSIONER PAUL WALLED RON. >> PRESENT. >> COMMISSIONER HENRY DEAN.

>> HERE. >> THANK YOU VERY MUCH. WE'LL ASK YOU TO PLEASE STAND AND THE INVITATION AND THE INVOCATION WILL BE GIVEN BY PASTOR JEFF.

GOOD MORNING. >> GOOD MORNING. LET'S PRAY.

DEAR HEAVENLY FATHER WE JUST THANK YOU FOR THIS DAY AND GOD, WE THANK YOU FOR THE OPPORTUNITY TO GATHER HERE. GOD WE PRAY FOR OUR LEADERSHIP. GOD, WE PRAY FOR THOSE LEADERS W GATHER HERE AND BY PHONE. GOD, WE PRAY FOR THE PROTECTION OF THEM AND THEIR FAMILIES.

GOD, WE THANK YOU FOR THE PROTECTION YOU'VE ALREADY LAID AND THING THAT'S ALREADY TAKEN PLACE AND COMMISSIONER WALLED RON'S LIFE. WE CONTINUE TO LIFT HIM UP TO YOU -- WALLED RON. WE PRAY OVER THE LEADERS AND FAMILIES AND WE PRAY THE DECISIONS WILL BE THE RIGHT DECISIONS WHETHER THEY ARE POPULAR OR NOT.

GOD, WE PRAY YOU WILL SPREAD THROUGHOUT THIS COMMUNITY AS WE'RE CELEBRATE OR WE'RE ACKNOWLEDGING DOMESTIC VIOLENCE AWARENESS MONTH. I PRAY WE'LL BE A COMMUNITY THAT WRAPS THEIR ARMS AROUND SURVIVORS AND FAMILIES OF DOMESTIC VIOLENCE AND MORE IMPORTANTLY HOLDS BATTERERS ACCOUNTABLE. GOD, WE LIFT UP THIS MEETING AND ALL WHO ARE COUNTED HERE. WE ASK THESE THINGS IN JESUS' NAME, AMEN.

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

>> THANK YOU. YOU MAY BE SEATED. >> GOOD MORNING.

[Proclamation Recognizing October 2020 as Domestic Violence Awareness Month]

THANK YOU FOR BEING HERE TODAY. IT'S AN HONOR FOR ME AND THE ST. JOHN'S BOARD OF COUNTY

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RECORD, AND THEN INVITE YOU TO SAY A FEW WORDS. >> THE PROCLAMATION BY THE BOARD OF COUNTY COMMISSIONERS ST. JOHN'S COUNTY, FLORIDA. WHERE AS DOMESTIC VIOLENCE IS A MAJOR PUBLIC CONCERN FOR OUR STATE AND NATION WITH MORE THAN 1,100 DOMESTIC VIOLENCE CALLS MADE TO LAW ENFORCEMENT OFFICERS IN ST. JOHN'S COUNTY LAST YEAR. AND WHEREAS DOMESTIC VIOLENCE AFFECTS PEOPLE OF ALL AGES, RACIAL SOCIO-ECONOMIC, EDUCATIONAL, RELIGIOUS AND OCCUPATIONAL SEGMENTS OF OUR SOCIETY,ESS SPECIAL CHILDREN AND VIOLATES AN INDIVIDUAL'S PRIVACY -- ESPECIALLY -- SECURITY, DIGNITY AND HUMANITY. WHEREAS DOMESTIC VIOLENCE IS A CRIME NOT A PRIVATE FAMILY MATTER THE CONSEQUENCES OF WHICH REACH THE DEVASTATING EFFECTS INTO OUR COMMUNITY, SCHOOLS, WORK PLACHESZ. WHILE PERPETRATORS MUST BE HELD ACCOUNTABLE FOR THEIR CRIMES WHEREAS PUBLIC AWARENESS AND EDUCATION ARE NEED AS WELL AS UNIFORMED EFFORTS ON THE PART OF THE GOVERNMENT, HEALTH PROFESSIONALS, LAW ENFORCEMENT, RELIGIOUS ORGANIZATIONS, EDUCATORS AND COMMUNITY ASSOCIATIONS TO ADDRESS THE DOMESTIC VIOLENCE THROUGH PREVENTION AND INTERVENTION FOR VICTIMS AND PERPETRATORS.

NOW THEREFORE, TO BE PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. JOHN'S OUNTY, FLORIDA THAT OCTOBER 2020 BE RECOGNIZED AS DOMESTIC VIOLENCE AWARENESS MONTH.

PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. JOHN'S COUNTY, FLORIDA THIS SIXTH DAY OF OCTOBER 20, 20,. JAY KIRK AND -- CLERK AND COURTS SIGNED JEB S. SMITH, CHAIRMAN.

>> I'D LIKE TO JUST SAY THANK YOU TO THE BOARD OF COUNTY COMMISSIONERS FOR HELPING US RECOGNIZE OCTOBER AS DOMESTIC VIOLENCE MONTH. IT FEELS A LITTLE LONELY AND A LITTLE WEIRD TO BE UP HERE WITHOUT MORE OF MY STAFF AND THE OUR BOARD OF DIRECTORS.

SO WE'RE JUST TRYING TO MAKE SURE THAT WE ARE CONTINUING TO BE RESPECTFUL AND SAFE FOR OUR COMMUNITY. MANY OF OUR EVENTS THIS YEAR ARE DIFFERENT, LIKE OUR WORLD RIGHT NOW. THEY ARE GOING TO BE ON SOCIAL MEDIA, SO PLEASE CHECK OUT OUR WEBSITE AT WWW.BETTY GRIFFIN CENTER.ORG. YOU KNOW, WE'VE LEARNED THAT COVID HAS NO BOUNDARIES. JUST LIKE DOMESTIC VIOLENCE. AND THE COMBINATION OF THE TWO ARE VERY DANGEROUS FOR ONE IN WOMEN AND ONE IN NINE MEN IN OUR COMMUNITY.

KNOWING THAT, BETTY GRIFFIN HOUSE CONTINUE TO PROVIDE QUALITY SERVICES TO SURVIVORS.

IT MAY BE A LITTLE DIFFERENT, BUT WE'RE CONTINUING TO PROVIDE EMERGENCY SHELTER.

WE'RE PROVIDING OUR LEGAL SERVICES, AND WE'RE PROVIDING COUNSELING.

THEY LOOK DIFFERENT, BUT WE'RE STILL THERE BECAUSE WE KNOW THAT THERE IS STILL THE NEED IN THE COMMUNITY. SO IF YOU ARE A SURVIVOR AND YOU'RE NEEDING OUR SERVICES, PLEASE REACH OUT TO OUR HOT LINE AT 824-1555, AND SOMEONE WILL BE THERE TO HELP YOU.

THANK YOU. [APPLAUSE] >> GOOD MORNING.

[Proclamation Recognizing October 2020 as National Arts and Humanities Month]

ARTS AND HUMANITIES. AND THAT'S WHY WE'RE HERE THIS MORNING TO CELEBRATE ARTS AND HUMANITIES NATIONAL, ARTS AND HUMANITIES MONTH OF OCTOBER AND I WANT TO ASK CHRISTINA PARISH STONE IS HERE WITH US TO COME UP THE CHAIR PERSON. ANYONE ELSE FROM THE COUNCIL, THE CULTURAL COUNCIL SAW EARLIER. GOOD MORNING, AND I'LL ASK IF AS

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PLEASURE OF PRESENTING IT. >> THE PROCLAMATION BY THE BOARD OF COUNTY COMMISSIONERS ST.

JOHN'S COUNTS FLORIDA WHERE ST. JOHN'S IS HOME TO MORE THAN 750 ARTS-RELATED BUSINESS EMPLOYING MORE THAN 2,000 PEOPLE. ACCOUNTING FOR MORE THAN 5% OF THE TOTAL OF BUSINESSES IN THE COUNTY AND 2% OF THE PEOPLE THEY EMPLOY. AND IS HOME TO HUNDREDS OF INDIVIDUAL ARTISTS AND CREATIVES. WHEREAS THE ARTS AND CULTURAL HISTORY IN ST. JOHN'S COUNTY DRAWS TOURISM AND -- STRENGTHENS OUR LOCAL ECONOMY.

WHEREAS ARTS AND HUMANITIES ENRICH THE LIVES EVERY VISITOR OF THE ST. JOHN'S COUNTY AND WHEREAS THE ARTS AND HUMANITIES HELP DIVERSE COMMUNITIES EXPLORE THEIR HISTORY AND CULTURE WITH TH SUPPORT AND PARTNERSHIP OF OUR LOCAL ARTS AGENCY, THE ST. JOHN'S COUNTY CULTURAL COUNCIL AND NUMEROUS LOCAL EDUCATIONAL AND CULTURAL INSTITUTIONS. NOW THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. JOHN'S COUNTY FLORIDA THAT OCTOBER 2020 BE RECOGNIZED AS ARTS AND HUMANITIES MONTH, PASSED AND ADOPTED BY THE BOARD OF COUNT COMMISSIONERS ST. JOHN'S COUNTY FLORIDA THIS SIXTH DAY OF OCTOBER, 2020, JAY PATTY.

BOARD OF COUNTY COMMISSIONERS OF ST. JOHN'S COUNTY, FLORIDA SIGNED JEB S. SMITH, CHAIRMAN.

>> THANK YOU. >> THANK YOU. THANK YOU, COMMISSIONER JANE.

WE ARE PROUD TO BE THE LOCAL ARTS AGENCY FOR ST. JOHN'S COUNTY.

AS COMMISSIONER JANE SAID WE HAVE A WEALTH OF CULTURAL ASSETS HERE SO I THINK WE CAN CELEBRATE HERE IN ST. JOHN'S COUNTY FLORIDA MORE THAN ANYWHERE ELSE IN THE NATION.

I'D LIKE TO RECOGNIZE SOME OF THE BOARD BHOBZ ARE HERE WITH ME TODAY.

BARBARA MCNIECE OUR PRESIDENT, BILL COLEMAN IS WHO IS ON THE EXECUTIVE COMMITTEE AND FRED SAMSON. WE ALSO HAVE KATHY O'DONNELLLY THE ASSISTANT DIRECTOR.

WE HAVE HAD A CHALLENGING YEAR, AND IT'S BEEN ESPECIALLY CHALLENGING FOR LOCAL CREATIVES, MUSICIANS AND VISUAL ART THE WERE SOME OF THE FIRST TO LOSE THEIR JOBS THE CORONAVIRUS.

THE CULTURAL COUNCIL FORTUNATELY WAS ABLE TO OFFER EMERGENCY GRANTS TO HELP THOSE FOLKS BUT IT'S LN A LONG HAUL AND THEY ARE JUST GETTING BACK TO WORK. WE HOPE YOU WILL SUPPORT THEM AS THINGS OPEN BACK UP AND YOU'RE ABLE TO ENJOY LIVE MUSIC, VISIT OUR MUSEUMS AND OTHER CULTURAL ASSETS. I CAN'T IMAGINE WHAT QUARANTINE WOULD HAVE BEEN LIKE IF WE DID NOT HAVE THE ARTS, SO IT TRULY IS SOMETHING TO CELEBRATE THIS YEAR.

THINK ABOUT WHAT IT WOULD HAVE BEEN LIKE AT HOME WITHOUT FILM, TELEVISION, MUSIC AND BOOKS.

IN 2021, WE'LL CELEBRATE 200TH AND VERSE RIFT ST. JOHN'S COUNTY AND THE CULTURAL COUNCIL HAS A LOT OF GREAT ACTIVITIES PLANNED -- ANNIVERSARY. I HOPE YOU'LL FOLLOW ALONG ON OUR WEBSITE AND SUBSCRIBE TO OUR NEWS LETTER. THANK YOU TO THE BOARD OF COUNTY COMMISSIONERS TO RECOGNIZE THAT NATIONAL ARTS AND HUMANITIES MONTH AND ST. JOHN'S ARTS HUMANITYS MONTH. -- HUMANITIES MONTH. [APPLAUSE]

[Proclamation Recognizing October 4-10, 2020 as 4-H Week]

>> KIND OF UNUSUAL. I THINK THIS IS THE FIRST PROCLAMATION WE'VE DONE SINCE MARCH, BUT IT'S A LITTLE AWKWARD FOR SOME. THIS THIRD PROCLAMATION I'D LIKE TO BE ABLE TO ADDRESS THIS MORNING IS THE FOUR HS. OCTOBER 4TH THROUGH THE 10TH IS NATIONAL FOUR-H WEEK. I'D LIKE IT ASK KELLY ANDERSON TO COME FORWARD, PLEASE.

WHILE THEY ARE COMING FORWARD I GOT A LETTER YESTERDAY. I'D LIKE TO READ IT IN PART.

IT'S FROM DR. SCOTT ANGLE WHO IS THE NEW VICE PRESIDENT, THE COLLEGE OF AGRICULTURE AND NATURAL RESOURCES, UNIVERSITY OF FLORIDA. HE WROTE THIS LETTER AND HE SAYS FOR ALL THE MIGHT OF THE 17TH BILLION ANNUAL CONTRIBUTION TO THE FLORIDA ECONOMY I BELIEVE MOST LASTING AND FAR-REACHING IMPACT AT UNIVERSITY OF FLORIDA WILL BE THROUGH OUR 4H PROGRAM THE MILLIONS OF CURRENT 4H-ERS WHO RESIDE IN FLORIDA. 4H TRAINS YOUTH FOR SUCCESS

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THEY KNOW IN THEIR HEARTS THEY ARE TOUCHING THE FUTURE, MAKING THE BEST BETTER BY THE WORK THEY DO. MY THANKS TO THEM FOR MAKING THE FUTURE BETTER.

I WANT TO THANK THE PARENTS, FAMILY AND FRIENDS WHO MAKE SURE YOUNG PEOPLE WHO KNOW ABOUT THESE PROGRAMS AND HELP FACILITATE PARTICIPATION. TO OUR 4-H MEMBERS, YOU ARE GIVEN A GREAT GIFT BY THE CITIZENS OF FLORIDA, WHETHER IT'S THROUGH TAXPAYER FUNDS FOR PROGRAMMING, VOLUNTEERS LIKE YOUR CLUB LEADS OR MENTORS, THE CLUBS AND PROGRAMS YOU'RE A PART OF WILL CHANGE YOUR LIFE FOREVER AND GIVE YOU THE GIFT OF SKILLS THAT WE NEED SO MUCH IN OUR SOCIETY. 4-H IS SUPPORTED BY COUNTY, STATE AND FEDERAL GOVERNMENTS, NATIONAL 4-H BOARD AND COUNTLESS VOLUNTEERS THROUGHOUT FLORIDA. 4-H TRULY PUTS THE WORD "COOPERATIVE" AND COOPERATIVE EXTENSION. I FEEL GOOD ABOUT FLORIDA'S FUTURE BECAUSE OF THESE FUTURE LEADERS THAT ARE BEING TRAINED TODAY.

I FEEL LIKE DR. ANGLE PUT IT VERY WELL. NO FURTHER DELAY.

PLEASE READ THE PROCLAMATION INTO THE RECORD. >> PROCLAMATION BY THE BOARD OF COUNTY COMMISSIONERS ST. JOHN'S COUNTY, FLORIDA. WHERE AS THE ST. JOHN'S COUNTY BOARD OF COMIGHTS COMMISSIONERS IS PROUD TO HONOR THE DEVELOPMENT PROGRAM THE UNIVERSITY OF FLORIDA INSTITUTE OF FOOD AND AGRICULTURAL SCIENCES EXTENSION SERVICE FOR MORE THAN 1 YEARS AT PROVIDING EXPERIENCE-BASED EDUCATION IT YOUTH THROUGHOUT THE SUNSHINE STATE. AND WHEREAS THE BOARD OF 4-H YOUTH DEVELOPMENT PROGRAM WORKS ST. JOHN'S COUNTY COMMISSIONERS, OTHER STATE AND FEDERAL GOVERNMENT ORGANIZATIONS AND THE PRIVATE SECTOR TO RAISE AWARENESS AND SUPPORT POSITIVE YOUTH DEVELOPMENT PROGRAMS. AND WHEREAS THIS PROGRAM WHICH SEEKS TO PROVIDE LEARNING EXPERIENCES FOR THE WHOLE CHILD INCLUDING HEAD, HEART, HANDS AND HELP, ASSIST YOU TO REQUIRE KNOWLEDGE, DEVELOP LIFE SKILLS AND FORM ATTITUDES THAT ENABLE THEM TO BECOME SELF-DIRECTED, PRODUCTIVE AND CONTRIBUTING MEMBERS OF OUR SOCIETY. AND WHEREAS ST. JOHN'S COUNTY 4-H PROGRAM IS COMMITTED TO LEARNING PROVIDING OPPORTUNITYIES THAT ARE DESIGNED AROUND THE FOUR CENTRAL ELEMENTS THAT ARE NECESSARY FOR POSITIVE DEVELOPMENT BY PROVIDING YOU TO SUPERVISE INDEPENDENCE, A SENSE OF BELONGING WITH A POSITIVE GROUP, A SPIRIT OF GENEROSITY TOWARDS OTHERS AND A WIDE VARIETY OF OPPORTUNITIES TO MASTER LIFES. NOW THEREFORE, TO BE PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. JOHN'S COUNTY, FLORIDA THAT OCTOBER 4TH THROUGH10TH, 2020 RECOGNIZE 4-H WEEK, PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF OF ST. JOHN'S COUNTY, FLORIDA THIS 6TH DAY OF OCTOBER 2020, BRANDON J. PATTY BOARD OF COUNTY

COMMISSIONERS OF ST. JOHN'S, FLORIDA SIGNED JEB S. SMITH. >> ON BEHALF THE ST. JOHN'S BOARD OF COUNTY COMMISSIONERS I'D LIKE TO PRESENT THIS PROCLAMATION ALSO AS A PRODUCT OF THE 4-H PROGRAM OF THE THANK YOU VERY MUCH. IF YOU'D LIKE TO MAKE A FEW

COMMENTS. >> CHAIRMAN SMITH, COMMISSIONERS I APPRECIATE Y'ALL'S SUPPORT AND THE UNIVERSITY OF FLORIDA AND ST. JOHN'S COUNTY COMMISSIONERS, I APPRECIATE YOUR SUPPORT IS VITAL TO THE SUCCESS OF A 4-H PROGRAM IN ST. JOHN'S COUNTY. FROM THE HUNDREDS OF THOUSAND 4-HERS ACROSS FLORIDA, ALUM NIZ, ACROSS THE UNITED STATES WE CELEBRATE NATIONAL 4-H WEEK AS AN EFFORT TO ENCOURAGE FOLKS TO LOOK INTO OUR PROGRAM AND TO LEARN LIFE SKILLS THAT WILL ENHANCE THEIR ABILITY TO BECOME PRODUCTIVE CITIZENS TODAY'S SOCIETY.

THANK YOU. [APPLAUSE]

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>> I'LL SAY WHAT THE COMMISSIONERS MEAN COMING UP. I JOINED 4-H WHEN I WAS 8 YEARS OLD. HOW PROFITABLE IT WAS TO ME THAT IT TAUGHT ME A LOT, YOU KNOW.

I'LL GIVE AN EXAMPLE. THAT FIRST MEETING I WAS ELECTED SECRETARY AND THE END OF THE MEETING MISS BROWN, WHICH MANY OF YOU KNOW LEANED OVER TO ME AND SAID JEB, DID YOU KEEP MINUTES? I TOLD HER I DIDN'T HAVE A WATCH.

SO WE'VE COME A LONG WAY. OK, COMMISSIONER. >> SO WHEN I WAS IN 4-H IN WEST TEXAS IN 1959, I BASICALLY ONE OF THE THINGS WE DID HAD A CONTEST.

EACH OF US WERE GIVEN 40 CHECKS TO RAISE AND THEN -- CHICKS TO RAISE AND THEN WE WOULD HAVE A CONTEST TO DETERMINE WHO HAD THE BEST CHICKS AFTER, WHAT, SIX MONTHS PROBABLY.

AND DURING THAT COURSE OF RAISING THOSE BABY CHICKS I CARED FOR THEM.

I CARED FOR THEM THE BEST I CAN OR COULD, AND I WENT OVER TO A BUDDY.

HE INVITED ME TO SEE HIS CHICKS. I WENT IN AND ON THE SCALE OF ONE TO TEN, TEN THE BEST, HIS SETUP WAS ABOUT A NINE AND MINE WAS ABOUT A FOUR. AND THESE CHICKS WERE JUST BEAUTIFUL. I SAID, TWHL IS -- WELL THIS IS -- I DON'T KNOW WHAT I'M DOING.

IT'S TERRIBLE. SO WHEN WE HAD THE SELECTION OF THE BEST, HE WON GRAND CHAMPION AND I CAME IN FIRST, SO I WAS THE FIRST LOSER IN THE GROUP OUT OF THE NUMBER OF 4-HERS, BUT I'LL ALWAYS REMEMBER THAT WHEN I SAW HIS SETUP. I SAID NO WAY, I'VE GOT A REALLY

BAD SETUP. IT WORKED OUT. >> WELL THANK YOU.

WE'VE ALL LEARNED A LOT THROUGH 4-H. >> I APOLOGIZE.

ALL RIGHT. I'LL ENTERTAIN A MOTION TO ACCEPT THESE PROCLAMATIONS.

>> MOVED. >> SECOND. >> I HAVE A MOTION BY COMMISSIONER DEAN, SECOND BY COMMISSIONER JOHNS ANY THE SEEING NONE WE'LL PROCEED IT

CALL THE VOTE. COMMISSIONER DEAN. >> YES.

>> COMMISSIONER BLOCKER. >> YES, SIR. >> COMMISSIONER WALDRON.

>> YES. >> COMMISSIONER JOHNS IN A YES. >> I'LL BE A YES AS WELL.

[Public Comment]

>> THE BOARD WILL HEAR PUBLIC COMMENT ON MATTERS THAT ARE NOT ON THE REGULAR AGENDA.

REGULAR AGENDA ITEMS WILL HAVE THEIR OWN PUBLIC COMMENT, PERIOD.

ANY PERSON WISHING TO ADDRESS THE BOARD SHOULD COME TO THE PODIUM AND STATE HIS OR HER NAME AND ADDRESS OR THOSE CALLING IN SAME THING. EACH PERSON WILL BE PROVIDE THREE MINUTES TO SPEAK AND SHALL COMPLY WITH THE BOARD'S RULES AND DECORUM.

FIRST COMMENTS SHOULD BE ADDRESSED TO THE BOARD AS A WHOLE AND NOT ANY INDIVIDUAL COMMISSIONER, AND MAY NOT INCLUDE A DEMAND FOR IMMEDIATE RESPONSE FROM THE BOARD.

NO PERSON MAY ADDRESS THE BOARD WITH PERSONAL IMPERTINENT OR SLANDEROUS REMARKS OR BOISTEROUS BEHAVIOR. MEMBERS OF THE AUDIENCE SHOULD REFRAIN FROM ANY DISRUPTIVE DEMONSTRATIONS OF APPROVAL OR DISAPPROVAL OF ANY COMMENTS. I WOULD ASK THAT ANY SPEAKER THAT PRESENTS ANY OVERHEAD MATERIAL PLEASE PRESENT THAT MATERIAL TO THE STAFF OR THE COURT TO BE ENTERED INTO THE PUBLIC -- INTO THE PUBLIC RECORD.

THANK YOU. IT APPEARS WE HAVE NO ONE CALLING IN.

IS THAT CORRECT? I SEE NO CALLS WAITING. IS THAT CORRECT? IS SOMEONE FROM THE AUDIO OK. ALL RIGHT. WE'LL BEGIN PUBLIC COMMENTS HERE IN THE AUDITORIUM. FULL PLEASE COUM STATE YOUR NAME AND ADDRESS FOR THE RECORD -- COME UP. YOU HAVE THREE MINUTES. GOOD MORNING.

>> GOOD MORNING. >> GOOD MORNING. I HAVE ONE COMMENT THAT JUST CAME UP WITH REGARDS TO 4-H W WEEK. HOW CRITICAL THE AGRICULTURAL BUSINESS IS IN THIS COUNTY CONSIDERING THE AMOUNT OF ACREAGE AND VEGETABLES, AND SOD

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BIG WHITE ONES. SO I KNOW WHAT'S GOING THE THANK YOU FOR YOUR TIME.

>> MR. FISHER IF YOU DON'T MIND COULD YOU STATE YOUR NAME AND ADDRESS.

>> MY NAME IS WILLIAM FISHER I LIVE AT 1010 MCMAHON AVENUE AND I LIVE IN PRESIDENT OF FLAGRA

ROAD AND WATER DISTRICT. THANK YOU, AGAIN. >> THANK YOU, SIR.

ADDITIONAL PUBLIC COMMENT. IF ANYONE ELSE WISHES TO SPEAK PLEASE COME UP TO THE PODIUM, SO WE CAN MOVE ALONG. THANK YOU SO MUCH. GOOD MORNING, BJ.

>> GOOD MORNING. >> GOOD MORNING. BJ LAIDY, WEST CITY OF ST.

AUGUSTINE. I'M STILL WAITING SINCE SEPTEMBER 1ST FOR AN ANSWER ON THE RECORD ABOUT RESOLUTION 2016-0, WHICH SHOWS STAFF TO MAKE PRESENTATIONS THEN APPLICANTS, AS THIS RESOLUTION HAS CHANGED IN WRITING. SINCE CHANGING THE PROCEDURE APPLICANTS NOT COUNTY STAFF, ARE IN CONTROL OF THE LAND DEVELOPMENT CODE IN BOARD MEETINGS. APPLICANTS ALSO KNOWN AS DEVELOPERS SPEND HOURS WITH STAFF AND BOARD MEMBERS, WHILE RESIDENTS ALSO KNOWN AS TAXPAYERS WRITE E-MAILS AND ARE ONLY ALLOWED THREE MINUTES TO SPEAK. AT THE SEPTEMBER 15TH, CC, AGENDA ITEM ONE. MAJOR MODIFICATION. THE APPLICANT, ALSO KNOWN AS THE PRESENTER, SPENT OVER 30 MINUTES TALKING. THEN MR. ROBERSON HAD TO BRING UP A LAST MINUTE CHANGE IT HAPPENED THE NIGHT BEFORE THAT THE APPLICANT FAILED TO MENTION THIS. PROCEDURE CHANGE IS DISCRIMINATORY AND DOES NOT BENEFIT COUNTY TAXPAYERS. THE WORD PRESENTER ON THE AGENDAS SHOULD BE CHANGED BACK TO APPLICANT. CONSENT NUMBER 20. TAXPAYERS AND THE CITY ST.

AUGUSTINE, PLEASE BE AWARE HOW THE CITY USES CARES DOLLARS THAT THIS COUNTY WILL BE GIVEN THEM.

AND WILL BE OVERSEEING. CONSENT NUMBER 23. THOSE CONCERNED ABOUT THE OVERDEVELOPMENT BY THE CITY OF ST. AUGUSTINE'S ANNEXATION OF COASTAL PROPERTY, TO PERMIT THE BUILDING OF TENANTS NORTH OF THE BRIDGE PLEASE LOOK AT ATTACHMENT UNDER THIS ITEM NUMBER 23.

LET ME THANK RESIDENTS FOR ATTENDING THESE MEETINGS IT SPEAK TO THEIR NEIGHBORHOOD AND QUALITY OF LIFE. PLEASE REMOVE YOUR MASK WHEN SPEAKING AT THIS PODIUM, SO THAT WE CAN UNDERSTAND YOU. AND SINCE WE'RE TALKING ABOUT 4-H, I'M A CITY GIRL.

AND I LOVE FOOD. THE THING IS I LIVE IN THE CITY OF ST. AUGUSTINE WEST U.S. 1.

AND MY COMMENT IT MORNING FOR THE GENERAL PUBLIC IS WE HAVE ROOSTERS RUNNING LOOSE IN THE STREETS OF ST. AUGUSTINE. I'M WORK ON THAT. BUT A LOT OF PEOPLE WANT TO LIVE AROUND. THAT YOU KNOW WHERE THEY SHOULD LIVE? OUT THERE BY CHAIRMAN JEB BECAUSE HE LIVES ON A FARM. THAT'S WHERE THE ROOSTERS BELONG. BUT WE HAVE COMMISSIONERS THAT HAVE DECIDED THAT WE NEED ROOSTERS RUNNING THE STREETS AND IT'S UP TO US CITIZENS TO TRY TO DO SOMETHING ABOUT IT AND SOME PEOPLE DON'T LIKE THAT. THEY WANT THE ROOSTERS. SO THERE'S A BATTLE GOING ON IN THE CITY OF ST. AUGUSTINE BUT AGAIN I REAL DO I APPRECIATE THE PUBLIC THAT COME IN HERE AND I THINK THEY NEED TO BE RECOGNIZED ESPECIALLY DURING THE PRAYERS. I PRAY FOR YOU ALL BUT WE NEED

PRAYERS, TOO. THANK YOU VERY MUCH. >> THANK YOU.

>> 2080. COMMISSIONERS, WHAT BRINGS ME HERE THIS MORNING WE'RE COMING UP ON A YEAR, SOME SERIOUS UNETHICAL MISCONDUCT HAPPENED HERE.

AND IT WAS NEVER ADDRESSED AFTERWARDS. THERE SHOULD HAVE BEEN HINDSIGHT. THERE SHOULD BE CORRECTION, AND I MEAN REALLY, THE COMMISSION SHOULD ISSUE AN APOLOGY. AND THE ANSWER I'M TALKING ABOUT IS THEIR WRONGFUL TERMINATION OF

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TRAM WILLED THAT FLORIDA STATE LAW. -- TRAMPLED.

IT MEANS NOTHING. LET'S GO ONTO THE HIRING. OUR OWN COUNTY ORDINANCE BROKEN.

HENRY DEAN MAKES THE MOTION FOR THE FIRST. BLOCKER SECONDS IT.

THE LAWYERS THAT SIT HERE. YOU OTHER THREE, YOU MUST 24I, WELL THEY ARE LAWYERS.

WE'LL -- THINK WELL THEY ARE LAWYERS. WE'LL GO ON WITH THIS.

MR. CONRAD WAS NOTED EVEN THOUGH HE'S AN INCREDIBLY SMART PERSON. I DON'T WANT TO RULE THAT OUT BUT HE'S NOT QUALIFIED UNDER THE COUNTY'S OWN ORDINANCE AND LET'S GO TO THE THIRD ONE.

THE THIRD ONE THAT'S LIKE A PUNCH IN THE HEAD. YOU DIDN'T INTERVIEW ANYBODY.

NO WOMEN. WE'RE NOT GOING TO INTERVIEW WOMEN FOR THIS JOB.

REALLY? IT'S FEDERAL LAW. STATE LAW IS BROKEN.

COUNTY ORDINANCE IS BROKEN, AND FEDERAL LAW. I'M AMAZED AT NO HINDSIGHT.

WE COULD HAVE DONE BETTER. YOU KNOW, LET'S ISSUE AN APOLOGY TO WOMEN BECAUSE HONESTLY THAT'S WHO TO ME YOU HARM THE MOST. AND I HAVE TO SAY, THE RESPONSIBILITY REALLY LIES WITH THE ATTORNEYS THAT ARE ELECTED OFFICIALS. HENRY DEAN AND JEREMIAH BLOCKER, THEY DID THIS COUNTY WRONG. THEY DID WOMEN WRONG. AND PLEASE, COME NEXT MONTH, DON'T MAKE HENRY DEAN THE CHAIRMAN. WE DESERVE SOMEONE WHO OBEYS THE

LAW. THANK YOU. >> THANK YOU.

ANY OTHER PUBLIC COMMENT FROM THE AUDIENCE? NO.

WE'RE DONE. >> I HAVE A PUBLIC COMMENT AND BACK TO THE BOARD ANY DELETIONS

[Consent Agenda]

JOHNS TO APPROVE. IS THERE A SNEAKED SECOND. >> I HAVE A COMIRTION BY COMMISSIONER DEAN. ANY DISCUSSION MANY SEEING NONE WE'LL PROCEED WITH ROLL CALL

VOTE. >> COMMISSIONER DEAN. >> YES.

>> COMMISSIONER BLOCKER. >> YES. >> COMMISSIONER WALDRON.

>> YES. >> COMMISSIONER JOHNS. >> YES.

>> I'LL BE A YES AS WELL. ALL RIGHT. ANY ADDS OR DELETIONS TO THE

[Regular Agenda]

REGULAR AGENDA. >> NO. -- ADDITIONS.

>> YES, MR. CHAIR. YOU SHOULD HAVE A RED FOLDER, WHAT WOULD BE IF ADD A REGULAR ITEM 7, WHICH PERTAINS TO EVENTS THE WACHT MANAGEMENT MERGER. -- WASTE MANAGEMENT MERGER.

>> THE PLEASURE OF THE BOARD WILL PUT THAT IN AS AGENDA ITEM NUMBER SEVEN WILL BE THE -- WE'LL MOVE THAT TO AGENDA ITEM NUMBER SEVEN IF THAT'S THE PLEASURE OF THE BOARD.

ANY OTHER ADDITIONS OR DELETIONS TO THE REGULAR AGENDA? SEEING NONE I'LL ENTERTAIN A

MOTION TO APPROVE THIS AGENDA. >> I'LL MOVE. >> I HAVE A MOTION BY COMMISSIONER DEAN. A SECOND BY COMMISSIONER JOHNS TO REMOVE THE REGULAR AGENDA AS AMENDED. ANY DISCUSSION? SEEING NONE WE'LL PROCEED WITH A

ROLL CALL VOTE. COMMISSIONER DEAN. >> YES.

>> COMMISSIONER BLOCKER. >> YES, SIR. >> COMMISSIONER WALDRON.

>> YES. >> COMMISSIONER JOHNS? >> YES.

>> I'LL BE A YES AS WELL. ALL RIGHT. WE'RE INTO THE REGULAR AGENDA

[1. Public Hearing * PLAT 2020-28 Staci's Acres (Replat).]

>> SURE. I DO HAVE A NUMBER OF ITEMS. THE FIRST IS A QUASI JUDICIAL ITEM, SO EACH BOARD MEMBER SHOULD DISCLOSE EX PARTE CONTACT PERTAINING.

>> DO THAT NOW. >> YES, SIR. >> ALL RIGHTS.

WE'LL GO AHEAD WITH EX PARTE DISCLOSURES AND BEGIN WITH COMMISSIONER DEAN.

>> ON WEDNESDAY SEPTEMBER 30TH, AROUND 10:00 I MET STEVE AND LINDA KIRKER TO DISCUSS THEIR

[00:35:07]

I THINK THAT WE HEARD MOST OF THE ISSUES WHEN WE TOOK HAD UP SEVERAL MEETINGS AGO.

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

I HAD A PHONE CALL ON TUESDAY, SEPTEMBER 20TH AT APPROXIMATELY I BELIEVE IT WAS ABOUT 0800 IN THE MORNING. SPOKE WITH MISS LINDA KIRKER FOR ABOUT TEN MINUTES.

SHE BRIEFLY EXPLAINED HER POSITION IN THE MATTER, HER POSITION.

I LISTENED AND ASKED SOME QUESTIONS, NSHD THE SCOPE OF WHAT CONCERNED HER.

THAT'S ALL I HAVE TO DISCLOSE AT THIS TIME. >> THANK YOU, COMMISSIONER.

COMMISSIONER WALDRON? >> YES, ON SEPTEMBER 30TH AT 5:I HAD A PHONE CONFERENCE WITH MR. STEVE KIRKER, AND OTHER FAMILY MEMBERS. WE DISCUSSED THEIR DESIRE TO PUT THE PIECE OF PROPERTY TO HAVE FAMILY NEXT DOOR, AND THAT'S ABOUT ALL WE DISCUSSED.

>> THANK YOU, COMMISSIONER. COMMISSIONER JOHNS? >> THANK YOU, MR. CHAIR.

OCTOBER 1ST I MET WITH STEVE KIRKER AND LINDA KIRKER REGARDING THE DETAILS OF THIS

AGENDA ITEM. >> THANK YOU. I'VE HAD AND I THINK A -- DISCLOSURE OF A LOT OF E NAILS HAVE BEEN DONE. I WANT TO GO THROUGH THOSE.

I'VE HAD SEVERAL EVEN WITHIN THE LAST 24 HOURS THAT I'M CONFIDENT WILL BE ADDED TO THIS AS PUBLIC RECORD. I'VE HAD PERSONAL AND IN-FACE MEETING SEPTEMBER 10TH WITH MR. CHRIS RAISENER AND OUR STAFF MR. MCCORMACK AND ALICE ROBINSON TO DISCUSS WHERE WE WERE AFTER THE MEETING SEPTEMBER, THE MEETING WHERE THIS WAS ADD ABOUT THE PETITION REVIEW NOT BEING PRESENTED TO THE BOARD. DECLARATION -- DECORATION OF RESTRICTIONS AND COVENANTS.

MR. MCCORMACK WHO REVIEWED THEM, AND SOME OF THE PROHIBITIONS, AS WELL AS THE WAY THAT THE RESTRICTIONS AND COVENANTS COULD BE AMENDED. WE DISCUSSED -- HE BROUGHT UP 2005 AND 2008 DENIAL OF THE SPECIAL USE PERMIT IN THAT -- IN THAT SUBDIVISION.

WE ALSO WENT THROUGH MRS. KIRKERS LETTER AND THE INTENT BEHIND IT AS WELL -- I CAN'T READ MY OWN HANDWRITING. NONETHELESS I HAD ANOTHER MEETING ON SEPTEMBER 14TH AT 10:00 A.M. WITH MISS LORI WEBB. WHO DEALT WITH HER DESIRE TO SECURE COUNSS ILL -- COUNCIL.

AMENDMENTS TO THE DEEDS AND RESTRICTIONS IT. WILL BE TOO LATE TO ADDRESS THIS PARTICULAR PROBLEM. WENT THROUGH SOME CORRESPONDENCE THAT SHE HAD HAD WITH SOME OTHER INDIVIDUALS, INCLUDING MR. MCNARY ALSO DISCUSSED ABOUT THE COMMERCIAL TREE OPERATION THAT WAS GOING ON ON THE PROPERTY AT THAT TIME. ON OCTOBER 1ST, 11:30 I HAD A MEETING WITH MISS LINDA KIRKER, MR. STEVE KIRKER IN PERSON, MISS BARBARA KIRKERS STACY D'AMATO AND MR. STEVE D'AMATO WERE ON THE LINE. WENT THROUGH STACY HAD PUT TOGETHER THE APPLICATION TO TAKE THE ONE ACRE OUT OF THE 5-ACRE LOT PATRIARCH OF THE FAMILY THAT PASSED AWAY LAST YEAR. THE FAMILY OWNED THE PROPERTY SINCE THE EARLY 80S.

IT'S A TREE FARM ON THE PROPERTY AT PRESENT. WENT THROUGH THE RESTRICTIONS COVENANTS, DEEDS AND COVENANTS IN REGARDS TO WHAT WAS PROHIBITED TO DISCUSS THE RESTRICTSED DEEDS AND COVENANTS DO NOT PROHIBIT SUBDIVISION. IT WAS CLEARLY STATED THEY BELIEVE THE APPLICATION LAWFUL, WENT THROUGH SOME OF THE OPPOSITION IN REGARDS TO JUST THE SPECIFICITY ON WHY THEY CANNOT BUILD ON THE 5 ACRES AND NOT HAVE TO PIECE THIS OUT.

AGAIN, THEY ARE NOT BREAK THE LAW. WITH THAT BEING SAID, I THINK THAT WILL COVER MY DISCLOSURES THIS MORNING, BUT NO FURTHER DELAY.

MR. MCCORMACK, DO ENOUGHYING ELSE YOU'D LIKE TO ADD? >> YES, THANK YOU, MR. CHAIR.

[00:40:05]

WE MAY HEAR FROM THE PUBLIC THEY MAY BELIEVE THERE IS SOMETHING ELSE FOR THE BOARD TO CONSIDER.

I WILL SAY THAT SHOULD THE BOARD WISH TO, AS AN AID, THERE IS KIND OF A STAFF PREPARED POWER POINT, WHICH SORT OF GOES OVER THE AERIAL AND WHERE THIS IS, BUT ALSO LISTS OUT THOSE CRITERIA. SO THAT WOULD BE AN AID TO THE BOARD IF THE BOARD WOULD LIKE, AS PART OF ITS LATER DISCUSSION. I WILL SAY ALSO HERE WITH US TODAY FOR MATTERS PERTAINING TO THE LAND DEVELOPMENT CODE, FOR STAFF INPUT ON THAT IS TAYLOR LEWIS FROM GROWTH MANAGEMENT FOR THE COMPREHENSIVE PLAN. THERESA BISHOP FROM GROWTH MANAGEMENT, AND FOR THE CHAPTER 177 IN THE FLORIDA STATUTES GAIL OLIVER FROM THE COUNTY STAFF NOW AS TO THE HEARING FORM THE, MR. CHAIR AND COMMISSIONERS, THE BOARD MAY PROCEED WITH THE APPLICANT COMING UP, GIVING THE PRESENTATION. AND THEN THE BOARD MAY OPEN IT UP FOR PUBLIC COMMENT.

THEN AFTER THAT, AS PER THE BOARD'S NORMAL PROCEDURE THE APPLICANT WOULD HAVE AN OPPORTUNITY FOR RESPONSE OR REBUTTAL, AND THEN BACK TO THE BOARD.

SHOULD THE BOARD DESIRE YOU KNOW WE DO HAVE A MORE FORMAL KIND OF HEARING PROCEDURE, SHOULD THE BOARD WISH TO DO THAT. AT SOME POINT, BUT ANYWAY, THAT IS THE I THINK THE SORLTS OF --

SORT OF THE LEGAL BRIEFING TO PREPARE THIS ITEM TO BE HEARD. >> THANK YOU.

AND IF IT'S ALL RIGHT, I THINK WE'LL JUST PROCEED WITH A NORMAL PROTOCOL AND NOT A FORMAL HEARING THIS MORNING. I THINK IT WILL BE HELPFUL AND WE CAN GET EVERYBODY IN, AND THEIR COMMENTS MORNING. SO IN FOR I'LL INVITE THE APPLICANT TO COME FORWARD AND

MAKE A PRESENTATION. MISS KIRKER? >> GOOD MORNING?

GOOD MORNING. >> THANK YOU VERY MUCH. FIRST, I WOULD LIKE TO SAY MY NIECE STACY D'AMATO, PLANNED TO BE HERE. SHE STARTED A NEW JOB YESTERDAY AND WISELY REALIZED IT PROBABLY WASN'T A GOOD IDEA TO ASK FOR TIME OFF ON HER FIRST DAY AT HER

[00:45:01]

-- PREPARED IN FIRST PERSON. THESE ARE STACY'S WORDS. ALTHOUGH I'LL START OUT WITH GOD MORNING AGAIN. I'M LINDA KIRKER, AND I'M HERE TO PRESENT THE APPLICATION FOR STACY. OUR REQUEST IS TO -- DIVIDE PLAT PARCEL INTO TWO LOTS, LOT 33 AND ESTATES. ONE LOT WILL CONSIST OF ONE ACRE AND THE OTHER WILL CONSIST OF FOUR. THE CURRENT 5-ACRE PARCEL IS USED AS A TREE FARM.

STACY AND HER HUSBAND PLAN TO BUILD A HOME ON THE 1-ACRE LOT AND THE OTHER 4-ACRE LOT WILL CONTINUE AS A TREE FARM. THE LAND WE'RE DISCUSSING IS CURRENTLY OWNED BY MY FATHER, STACY'S GRANDFATHER'S TRUST. THE BENEFICIARIES OF THAT TRUST ARE MY BROTHER STEVE, MY BROTHER KEITH, AND I. AS HEIR TO ONE-THIRD OF THE 5-ACRE PARCELS, STEVE HAS GENEROUSLY INDICATED HIS DESIRE TO GIVE THE SINGLE ACRE TO STACY AND HER HUSBAND.

HS THEIR PLAN TO BUILD A DREAM HOME ON THE PROPERTY, RAISE A FAMILY AND LIVE THERE FOR MANY YEARS. I'D LIKE TO OUTLINE THE PROCESS AND REQUIREMENTS TO ACCOMPLISH THE REPLAT BUT WE WORK CLOSELY WITH THE STAFF OF THE OFFICE OF GROWTH MANAGEMENT, THIS OFFICE WAS VERY, VERY PROFESSIONAL AND VERY HELPFUL AND -- PROCESS. SOME OF THE STEPS THAT WE WENT THROUGH IN ORDER COMPLETE APPLICATION. WE NOTICE THE ST. JNZ COUNTY SCHOOL BOARD SOUGHT THEIR INPUT. THEY SIGNED OFF ON THEIR Q-WE HAD THE 5-ACRE LOT SURVEYED.

WE NOTICE THE NEEDS. THOSE THROUGH THE COUNTY BY POSTING SIGNS AND THE TITLE POLICY HAD TO BE UPDATED. THE APPLAY SCATION 57 PAGES LONG.

AND I -- APPLICATION IS 57 PAGES LONG AND I THINK YOU HAD AN OPPORTUNITY TO REVIEW IT, SO THE CLIFF NOTES ARE A LOT IN QUESTION IS PART OF MILL CREEK ESTATES.

IT'S IN COMMISSION DISTRICT TWO THE THE PROPERTY FALLS WITHIN RESIDENTIAL AID, FUTURE LAND USE CATEGORY WHICH ALLOWS UP TO ONE UNIT PER ACRE OF LAND. AND THIS REPLAT REQUEST IS CONSISTENT WITH CONPLAN RESIDENTIAL-A. IN ADDITION, THE PROPERTIES ARE OPEN AND RURAL. THE STAFF FOUND THAT THE TWO PROPOSED LOTS WITHIN THIS PLAT COMPLY WITH THE MINIMUM ZONING, LAND USE, ACCESS REQUIREMENTS PER LAND DEVELOPMENT CODE, AND THE CONPLAN. THERE IS NO NEW ROADS PROPOSED, AND THE ROIRNTS -- REQUIREMENT FORCE A REPLAT OF THE LAND DEVELOPMENT HAVE BEEN MET. THERE IS 13 OF THESE REQUIREMENTS AND THEY ARE OUTLINED IN THE APPLICATION. IT'S OUR UNDERSTANDING THAT WE'VE MET ALL STAT STORY -- STATUTORY CODE REQUIREMENTS IN A RESPECTIVE WAY REQUESTING THAT YOU GRANT THIS APPLICATION. STAY WANTS TO OWE STACY AND HER HUSBAND WANTS TO THANK EVERYONE FOR THEIR CONSIDERATION, AND ALSO WANTS TO REMIND EVERYONE THAT THE FAMILY, WE ARE NOT DEVELOPERS. WE'RE NOT TRYING TO CHANGE THE CHARACTER OF MILL CREEK ESTATES.

WE'RE ONLY SEEKING TO ADD A SINGLE LOT AND IT'S THEIR DESIRE TO LIVE IN A PEACEFUL RURAL

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

ANY QUESTIONS FOR THE APPLICANT? >> YES. I HAVE A QUESTION FOR THE STAFF.

>> ALL RIGHT. LET'S DO THIS IF YOU DON'T MIND, COMMISSIONER.

I HAVE A STAFF PRESENTATION IF YOU'LL COME UP AND PRESENT THAT WILL BE FINE.

THEN AFTER THAT, ASK QUESTIONS. >> SURE. >> OK.

THANK YOU, MISS KIRKER. TAYLOR, IF YOU DON'T MIND IF WE CAN GO THROUGH YOUR PRESENTATION I THINK IT WOULD BE HELPFUL AND THE COMMISSION COULD ASK SOME QUESTIONS AFTER THAT.

I KNOW YOU'VE GOT A PRESENT TITION GO THROUGH THE LAW AND THE CODE.

-- PRESENTATION TO GO THROUGH THE LAW AND THE CODE WOULD BE HELPFUL.

>> GOOD AFTERNOON THE JOHNS COUNTY GROWTH MANAGEMENT. SO THE PRESENTATION TODAY REALLY OUTLINES WHAT'S IN THE STAFF REPORT, SO IT DOES JUST GO OVER THE BASIS FOR APPROVAL AND PRETTY MUCH OUTLINES THE BASIS FOR DENIAL AS WELL IN THE EVENT TO BE DENIED.

IS IS THERE A WAY I CAN -- ALL RIGHTS. SO THIS IS THE LOCATION OF THE CURRENT PROPERTY, THE 5-ACRE PARCEL. YOU CAN SEE THE BOTTOM LEFT-HAND CORNER OF THAT PARCEL IS THE PROPOSED 1-ACRE LOT. THE REMAINING PIECE OF THAT PARSE SELL THE 4-ACRE TREE FARM. -- PARCEL. THIS IS JUST A CLOSER AERIAL MAP. AGAIN, THE 1-ACRE LOT ON THE BOTTOM LEFT-HAND CORNER AND REMAINING 4 ACRES TO BE VACANT. SO THE REQUIREMENTS FOR APPROVAL THESE WERE ALL PULLED FROM THE LAND DEVELOPMENT CODE, DEVELOPMENT REVIEW MANUAL COMPREHENSIVE PLAN AND THE

[00:50:03]

501-D STATES IT MUST BE IN COMPLIANCE WITH THE COMPREHENSIVE PLAN, I.E. THE RESIDENTIAL LAND USE DESIGNATION ALLOWING ONE LOT ON ONE ACRE. AND THAT LAND DEVELOPMENT CODE 50101-E COMPLIANCE WITH ALL THE OTHER REGULATIONS AND THE LAND SHALL BE CREATED EITHER BY INCLUSION FROM A PROPOSED SUBDIVISION, WHICH CANNOT BE UTILIZED FOR PERMITTED USE UNDER THIS CODE. 50101-F GOES THE TAXES BASICALLY STATING THE APPLICANT OR OWNERS OF THE LAND HAVE TO BE UP TO SPEED ON THEIR TAXES. 50101-3 BASICALLY GOES OVER THE FACT THE REPLAT MUST BE SUBMITTED PURSUANT TO SECTION 177 OF THE FLORIDA STATUTES AND IN COMPLIANCE WITH THE MINIMUM NOTICE REQUIREMENTS MEANING SIGN PLACEMENT, HOA NOTEFY DPATION THERE IS AN HOA WHICH IN THIS INSTANCE IS NOT. ALSO THE FACT THAT IT HAS TO BE POSTED IN THE ST. AUGUSTINE RECORD FOR THE PUBLIC. LAND DEVELOPMENT CODE SECTION 6201-A2 GOES OVER THE ACCESS REQUIREMENTS BASICALLY STATING EACH LOT MUST HAVE ITS OWN ACCESS, AND IN THIS INSTANCE WOULD BE ACCESSING OFF OF SILO ROAD.

THEY HAVE ABOUT 144 FEET OF FRONTAGE TO ACCESS THERE THEIR PROPOSAL.

LAND DEVELOPMENT CODE SECTION 90009 GOES OVER TITLE ISSUES AND IMPEDIMENTS.

SO IN THE EVENT AN APPLICATION DOES NOT HAVE ANY TITLE ISSUES OR LEGAL IMPEDIMENTS THEN IT COULD BE APPROVED. SECTION 177091 OF THE FLORIDA STATUTES GOES OVER THE PLATS MADE FOR RECORDING. 177101.2 SAYS A REPLAT MUST NOT MATERIAL AFFECT THE RIGHT OF ACCESS GOING BACK TO SECTION 6 OF THE CODE. THE DEVELOPMENT MANUAL SECTION 1603 JUST GOES OVER THE APPLICATION PROCESS FOR THE APPLICANT.

THIS IS TYPICALLY WHAT WE GIVE THEM TO GET THEM STARTED TO KNOW WHAT'S REQUIRED FOR THEIR APPLICATION. AND NUMBER 12 AND 13 ARE THE ZONING REQUIREMENTS FOR OPEN RURAL ZONING AND ROIRNT FORCE RESIDENTIAL-A GOING BACK TO THE LAND DEVELOPMENT CODE MUST BE MET. DO YOU HAVE ANY QUESTIONS ABOUT THE REQUIREMENTS?

>> ANY QUESTIONS ABOUT THESE THES? >> YEAH.

>> COMMISSIONER DEAN. >> IT'S REAL BY THE FUTURE. ASSUMING -- ASSUMING WE APPROVE THIS ITEM. WILL ANY FUTURE DEVELOPMENT RESIDENTIAL DEVELOPMENT ON THIS

REMAINING 4 ACRES, RIGHT? YOU KNOW WHAT I'M REFERRING TO? >> YES, SIR.

>> SET ASIDE THE ONE ACRE THAT THE HOUSE IS BUILT. THE REMAINING FOUR ACRES, IF THERE IS ANY RESIDENTIAL DEVELOPMENT PROPOSED, WILL THAT REQUIRE SOME ACTION BY THIS BOARD? OR IS THAT -- IS THAT INCLUDED IN THIS ACTION? IF I'M MAKING MYSELF CLEAR. LET ME BE BLUNT. LET ME BE CLEAR.

>> OK. >> WHAT CONCERNS ME IS THAT IF WE APPROVE THIS AND TAKE OTHER ACTIONS, ENTHAT THERE CAN BE MAYBE POTENTIALLY AN ADDITIONAL FOUR HOUSES BUILT, ONE HOUSE PER ACRE, FOUR ACRES ON THE REMAINING WHAT IS NOW TIMBER OPERATIONS AND THAT CONCERNS ME.

IF THE FUTURE PROPOSED RESIDENTIAL UNIT ON THIS FOUR ACRES OR ON ONE ACRE THE FOUR ACRES HAS IT COME BEFORE US FOR APPROVAL THEN I'M MORE COMFORTABLE WITH THIS ITEM IF

I'M MAKING SENSE. >> YES, SIR THAT MAKES SENSE. SO AS ANY LAW IN MILL CREEK ESTATES, THEY DO HAVE THE OPTION OF SUBDIVIDING, HOWEVER, IT'S VERY SPECIFIC IN OUR CODE THAT IF THE APPLICANT IS TO CREATE THREE OR MORE LOTS THAT THEM BE TRIPPING SUBDIVISION REGULATIONS AND I GUESS TO PUT THIS IN LAYS TERM WILL BE A -- LAYMEN TERMS WILL BE LIKE A DEVELOPER GOING INTO A EXISTING SUBDIVISION AND WE CAN ALWAYS REFER TO OUR TECHNICAL DIVISION AS WELL FOR THIS AND BASICALLY, IT WOULD MEAN THINGS LIKE INFRASTRUCTURE, ROADS, STORM WATER, DRAINAGE,

[00:55:05]

THEY ARE ONLY PROPOSING ONE ACRE PARCEL AND THE REMAINING FOUR ACRES TO BE VACANT.

IF THEY DID DO IT IN THE FUTURE AND I'M HOPE I'M MAKING MYSELF CLEAR.

PLEASE LET ME KNOW IF I'M NOT THEY WOULD TRIP SUBDIVISION REGULATIONS LIKE EVERY DEVELOPER

DOES. >> I HAVE TO ASK THE QUESTION. I HATE TO DO THIS AND EVERYBODY'S TIME, BUT FOR ME IT IS SORT OF A CRITICAL ISSUE. WHAT IF THERE AREN'T FOUR 1-ACRE LOTS TO BE DEVELOPED AND PROPOSED? WHAT IF IT'S ONE AT A TIME OF THE LET'S CALL IT THE SALAMI EFFECT. LET'S SAY IN A YEAR AN ACHER TO MR. A, TWO TO MR. B, FOUR YEARS THE LAST LOT TO D. THAT WOULD NOT TRYING THEY ARE THREE-UNIT PROPOSAL THAT WOULD THEN REQUIRE SUBDIVISION REGULATIONS TRIPPING IN.

AGAIN, IF I'M MAKING MYSELF CORRECT. WHAT'S TO PREVENT -- WHAT'S TO PREVENT THE CURRENT ONLYER OR THE FUTURE OWNERS OF THE -- OWNER -- OF THE REMAINING FOUR ACHERS FROM BASICALLY SELLING OFF ACHE ERRS FROM -- ACRES FROM -- AND TO ME THAT'S THE MAEFT THE COCONUT. THAT'S WHY I WHAERD THIS WAS HEARD SEVERAL WEEKS AGO, IS THERE SOME PRIVATE ARRANGEMENT THAT COULD BE MADE BETWEEN THESE PARTIES LIKE SOME KIND OF DEED RESTRICTIONS OR RESTRICTIVE COVENANT BECAUSE I FOR ONE WANT TO MAINTAIN THE AGRARIAN NATURE OF THIS MILL CREEK ESTATES AREA. SO AGAIN, IT SOUNDS LIKE IT COULD BE SOLD OFF ONE LOT AT A TIME OVER TIME WITHOUT REQUIRING ANY FURTHER APPROVALS FROM THE COUNTY.

SO HELP ME UNDERSTAND IF I'M RIGHT. >> SO ANYTHING SELLING I WOULD HAVE TO REFER TO OCA UNFORTUNATELY BECAUSE I'M NOT UP ON THAT MATTER.

HOWEVER, CURRENTLY, IF THEY WERE TO TRY TO OBTAIN A BUILDING PERMIT TO BUILD MULTIPLE HOMES ON THAT REFOUR ACRES OR SELL THEM OFF IT'S UNLIKELY THEY WOULD GET APPROVAL.

>> EXCUSE ME, MA'AM, BUT HAD A IF THEY DON'T APPLY FOR AN ADDITIONAL FOUR UNITS AT ONCE? AGAIN HAD A IF THEY COME IN YEAR ONE AND ANOTHER UNIT THREE AND FOUR.

I THOUGHT I MADE MYSELF CLEAR. >> YES. I'LL LET LISA ANSWER THAT

QUESTION. >> HI. GOOD MORNING, COMMISSIONERS LISA BROWN GROWTH MANAGEMENT. I THINK WHAT YOU'RE GETTING AT IS WE DON'T REGULATE PRIVATELY ON SALES SO WE CAN'T CONTROL THE DIVISION OF THE LOTS SELLING OFF.

BUT EACH TIME AN APPLICATION WOULD COME IN FOR ANY ADDITIONAL UNIT EVEN IF THERE WASN'T A LAND DIVISION ON THE PROPERTY THEY ARE REQUIRED TO GET A SPECIAL USE PERMIT BECAUSE IT IS A SUBDIVISION TO THAT WOULD REQUIRE A THEERG PCA IN ORDER FOR THAT SPECIAL USE TO BE APPROVED. BUT AS TAYLOR EXPLAINED A COUPLE OF MINUTES AGO, ANY ADDITIONAL LOTS ON THIS PARCEL IS GOING TO TRIP SUBDID IS REGULATIONS, SO WE WOULD AGAIN REVIEW THAT AS A NEW DEVELOPMENT AT THAT TIME. SO ANYTHING THAT HAPPENS TO THIS LOT BECAUSE IT IS PLATED WOULD.

>> THANK YOU. THAT'S EXACTLY WHAT I WANTED TO HEAR.

I MEAN I WANTED TO HEAR AN ANSWER TO MY QUESTION. >> I MAY BE ASKING ANOTHER QUESTION. GIVEN THAT IT'S A REPEAT FROM WHAT I'M HEARING I SHARE THE SAME CONCERNS. ASSUMING THIS IS APPROVED, FOUR ACRES REMAINS ON A PLATTED LOT.

IF THOSE FOUR ACRES ARE SOLD TO SOMEBODY ELSE, I THINK I HEARD COUNTY DOES NOT TRACK PRIVATE

LAND --. >> CORRECT. WE WOULD NOT TRACK THAT.

>> IF THE FOUR ACHERS ARE SOLD AND THE OWNER OF THAT FOUR ACRES COMES TO THE COUNTY AND SAYS I WANT TO SUBDIVIDE ONE ACHE HEAR IT FRONTS ONE OF THESE STREETS FOR ANOTHER HOMES THAT ALLOWED

THROUGH THE SAME REPLAT PROCESS? >> THEY WOULD HAVE TO REPLAT, HOWEVER, UNDER THE UNDERSTANDING THAT THEY WOULD AGAIN, BE TRIPPING THE SUBDIVISION REGULATIONS BECAUSE ALTHOUGH THESE ARE CREATING, EXCUSE ME, TWO LOTS, IF -- IF IN THE FUTURE WE WOU STILL VIEW IT AS THIS ONE LOT WAS DIVIDED ONCE. NOW THEY ARE TRYING TO DIVIDE IT AGAIN.

SO NO MATTER WHO THE OWNER IS OF THAT REMAINING FOUR ACRE PARCEL TWHO HAVE TO MEET THE SAME

[01:00:03]

>> THANK YOU. I HAVE TWO QUESTIONS NUMBER ONE. FOLLOWING YOUR REVIEW AND THAT IS OCA AS WELL THE BEST YOUR KNOWLEDGE SAYS THE APPLICANT CAN APPLY FOR EACH OF THE

REQUIREMENTS YOU JUST WENT THROUGH. >> YES, SIR.

>> THERE WAS IN E-MAIL YESTERDAY I HAD THERE WAS A -- I THINK AN UNDERSTANDING THAT WAS BEING PROMOTED THAT THIS PARTICULAR PARCEL WAS GOING TO BE REQUIRED TO CONNECT TO UTILITIES?

IS THAT TRUE OR FALSE SHE. >> YES, SIR. THAT SHOULD BE A TRUE STATEMENT BECAUSE AT ANY POINT THEY WOULD NEED TO MAKE SURE THEY ARE MAINTAINING THE REQUIREMENTS OF WHATEVER UTILITY PROVIDER THIS WOE FALL UNDER WHICH IN THIS INSTANCE BE ST. JOHN'S COUNTY UTILITIES. BECAUSE I HAERD THERE WAS GOING TO -- ONE PART -- HEARD -- ONE

PARTY SAID UTILITIES. >> CORRECT. I'M NOT SURE ABOUT THAT, SIR.

THE APPLICANT MIGHT HAVE NOT GONE OVER THE TYPE OF UTILITY THEY WERE ON AT TIME THEY WERE EXPECTING TO GET THEIR BUILDING IN THE FUTURE BUT THAT IS SOMETHING I COULD FIND OUT FOR

YOU AND JUST CLARIFY. >> APPRECIATE THAT AND I THINK MISS KIRKER IF YOU DON'T MIND ADDRESS THAT AS WELL. THAT IS SOMETHING THAT WE HAD DISCUSSED IN OUR MEETING.

ANY OTHER QUESTIONS FROM THE REST OF THE BOARD? COMMISSIONER BLOCKER? ANY QUESTIONS? NO, SIR. I THINK THAT MR. JOHNS ANSWERED

THEM PRETTY MUCH -- WO ASKED WHAT I WOULD BE ASKING. >> COMMISSIONER WALDRON, ANY

QUESTIONS? >> NO, SIR. THE QUESTIONS I HAD HAD ALREADY

BEEN ASKED AND ANSWERED. >> VERY GOOD. >> THANK YOU, MR. CHAIR.

I DID WANT TO REITERATE THIS IS A QUASI JUDICIAL HEARING. THE APPLICANT HAS MADE A PRESENTATION TO THE BOARD. THE STAFF HAS A STAFF REPORT, AND HAS MADE A PRESENTATION TO THE BOARD THROUGH THE POWER POINT. THE CHAIR HAS ASKED THE QUESTION IN STAFF'S VIEW AND IN THE COUNTY ATTORNEY'S OFFICE VIEW, ARE THE CRITERIA MET.

THE ANSWER IN OUR VIEW, YES. THIS IS A QUASI JUDICIAL HEARING AND THE BOARD MAY HEAR EVIDENCE AND ARGUMENT ABOUT ANY PARTICULAR CRY YEAH WHERE -- CRITERIA WHERE IT COULD CHANGE THAT UNDERLYING BASIS. IN OTHER WORDS, THE CRITERIA IS IF THEY ARE MET.

AND THE BOARD WON'T KNOW THAT UNTIL THE END OF THE HEARING. ULTIMATELY, THIS BOARD IS THE

FINDER OF FACT. >> THAT'S WHY I ASKED THE VARIOUS POINT LIKE FOLLOWING YOUR REVIEW TO THE BEST OF YOUR KNOWLEDGE BECAUSE IF NOT THERE MAY SOMEBODY OTHERS THAT HAVE ADDITIONAL KNOWLEDGE THAT WE'RE UNAWARE OF THAT DOES NOT ALLOW THIS TO BE CONFORMING BUT NONCONFORMING AND THESE CRITERIA NEED TO BE SPECIFICALLY MET. YOU GAVE 13 POINTS.

IF ANY OF THESE 13 POINTS ARE NOT MET THEY COULD FAIL WITH REGARD IT TO CONFORMED.

IS THAT'S WHY I ASKED AND THAT'S WHY I WANT THE PUBLIC TO NOTE CROIX TIER YEAH.

LIKEWISE THERE'S BEEN SOME VERY GOOD ENLIGHTENMENT AS TO HOW -- TIER YEAH -- HOW THIS WORKS.

-- CRITERIA. WITH THAT BEING SAID YOU CAN MOVE ON.

>> HONESTLY THAT'S ALL I HAD FOR YOU UNLESS YOU HAVE GENERAL QUESTIONS REGARDING REST OF THE APPLICATION THAT HAVE NOT BEEN ANSWERED FOR YOU. HOPEFULLY, I WAS ABLE TO PUT YOUR MIND AT EASE. WE DID AFTER THE HEARING GO BACK TO ALL OUR STAFF MEMBERS REVIEW AS WELL AS WITH OUR SUPERVISORS JUST TO ENSURE WE DID OUR DUE DILIGENCE TO MAKE SURE THE APPLICATION MEETS REQUIREMENTS AND STAFF HAS NO OBJECTIONS TO THE APPLICATION.

NOW NOTHING. >> ANY OTHER QUESTIONS FOR STAFF?

>> THANK YOU VERY MUCH. >> THANK YOU SO MUCH. >> PUBLIC COMMENT NOW

COMMISSIONER DEAN. >> NOW OPEN FOR PUBLIC COMMENT. YOU HAVE THREE MINUTES EACH AND

PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. >> GOOD MORNING.

MY NAME IS LORI WEBB. I LIVE ON 25 SILO ROAD. AFTER REVIEWING THE VIDEO FROM THE SEPTEMBER 1 MEETING I WOULD HOPE THAT EVERYONE IN MILL CREEK ESTATES WOULD ACCEPT THE RESOLUTION OFTEN BY COMMISSIONER DEAN -- OFFERED BY COMMISSIONER DEAN.

I QUOTE COMMISSIONER DEAN JUSTICE ROBERTS ONCE SBED SIX YEARS AGO IF YOU DON'T MAKE GOOD SENSE IT DON'T MAKE GOOD LAW. HE COMMENTED TO COUNTY ATTORNEY PAT MCCORMACK I DON'T KNOW WHY WE'RE HERE DEBATING LISTENING TO AND THEN VOTING IF WE DON'T HAVE THE OPPORTUNITY OR THE DISCRETION TO VOTE NO. COMMISSIONER DEAN RECOMMENDED THAT THE COUNTY COME UP WITH

[01:05:02]

BUT AT THE SAME TIME HAVE, LEGAL ASSURANCE THAT IF THIS PROPERTY TRANSFERSERSHIP IN THE FUTURE, IT IS LIMITED TO THIS ONE SINGLE HOUSE ON THE 5-ACRE TRACK TRACT. THE COUNTY SHOULD BE ABLE TO USE THE PROPER LANGUAGE OR INSTRUMENT PRIOR TO THE REPLAT THAT WILL ASSURE THE CURRENT RESIDENTS THAT PROPERTY WILL TRANSFER AS 5 ACRES WITH ONE HOUSE.

WHO BETTER THAN THE COUNTY TO COME UP WITH THE PROPER WORDING OR INSTRUMENT THAT WOULD BE ENFORCED BY THE COUNTY OR NOT BY A CIVIL SUIT. I WOULD HOPE WOULD YOU CONSIDER THIS A POSSIBLE SOLUTION BY BOTH PARTIES THAT BOTH PART KIDS AGREE UPON.

THIS WOULD SET THE PRECEDENCE THAT IF YOU REQUEST A REPLAT, IT'S NOT A SHOO-IN.

ONE THING WAS MENTIONED THIS MORNING THE STANDARD THAT HAD BEEN SET WHEN A LOT OF PEOPLE BOUGHT THEIR PROPERTY BACK IN THE 80S WAS 5-ACRE LOTS. IT WASN'T UNTIL THE YEAR 2000 FROM THE COMPREHENSIVE PLAN THAT CHANGED IT TO RES-A, WHICH WOULD NOW NOT LOOK TO A LOT AS 5 ACRES BUT LOOK TO A LOT AS FIVE 1-ACRE PIECES ALLOWING IT TO BE BROKEN UP IN.

SOME RESPECTS IT WAS A COUNTY THAT POSSIBLY PUT THIS WHOLE REPLAT ISSUE INTO ACTION BACK IN THE YEAR 2000. BUT I REALLY THINK GIVEN THE OPPORTUNITY AND WORKING WITH THE COUNTY JUST LIKE COMMISSIONER DEAN RECOMMENDED THAT COMPROMISE CAN BE MET THAT NOTHING HAPPENS TO THE BALANCE OF THAT 4 ACRES. AT TIME THAT THE FAMILY WANTS TO REPLAT, THEY WILL BE IT WILL BE SOLD AS 1 ACRE. SO I THANK YOU FOR YOUR TIME AND HOPEFULLY, YOU WILL SUPPORT OUR

-- [INAUDIBLE] >> THANK YOU. NEXT SPEAKER.

>> HUH? >> IS THERE A CALL COMING IN? IS THAT WHAT WE'RE SNAERG ONE SECOND, PLEASE. THE CONTROL ROOM IS, THERE A SPEAKER TRYING TO CALL IN? I APOLOGIZE FOR THIS SORT OF BLIP HERE. LET'S GO AHEAD WITH LIVE TESTIMONY HERE, PUBLIC COMMENTS. SORRY ABOUT THAT. YES, SIR.

>> GOOD MORNING. HELLO, MY NAME IS CHRIS RAZENE RVMENT I LIVE AT 5120 SILO ROAD.

I LIVED THERE FOR 34 YEARS OF MY LIFE. I'M SPEAKING IN OPPOSITION TO THE REPLAT ACQUISITION LIKE I DID BEFORE. MILL CREEK ESTATES WAS PLATTED AS 5-ACRE LOT MINIMUM SUBDIVISION? 1928 AND ZONED AG-1.

MILL CREEK ESTATES HAS OFFICIALLY REPORTED RESTRICTIVE COVENANTS WITHIN ST. JNZ COUNTY ON NOVEMBER 9TH, 1981. EVERYONE THAT HAS PURCHASED IN OUR NEIGHBORHOOD HAS RECOGNIZED THESE FACTS WHEN THEY PURCHASE THEIR INDIVIDUAL LOTS. SINCE MILL CREEK ESTATES IS A PLATTED SUBDIVISION W ROSHDED RESTRICTSIVE COVENANTS WE WERE ALL OF THE OPINION THAT OUR NEIGHBORHOOD WAS PRO DETECTIVED FROM SUBDIVIDING AND REPLATEAU OWE PROTECTED FROM SUBDIVIDING AND REPLATING. IT'S BEEN POINTED OUT US TO BY MR. MCCORMACK THE ATTORNE EVEN THOUGH WE ARE A RESTRICTIVE NEIGHBORHOOD WITH RECORDED COVENANTS OUR PROPERTY IS NOT PROTECTED FROM ALTERATIONS MADE AFTER THE FACT. ONE WOULD THINK THAT EXISTING PROPERTIES WOULD BE GRANDFATHERED IN AND SUBSEQUENT CHANGES TO LAND USE AND NEWLY CREATED COMPREHENSIVE PLANS WOULD NOT BE IMPOSED ON OUR PROPERTY.

EVIDENTLY, THIS IS NOT THE CASE. WE HAVE BEEN INFORMED BY MCCORMACK OUR NEIGHBORHOOD HAS TO DPLI WITH CURRENT COMPREHENSIVE PLANS, RE-- COMPLY WITH CURRENT COMPREHENSIVE PLANS AND LAND MAPS WE DID NOT AGREE TO. MR. MCCORMACK ALSO INDICATED OUR RECORD COVENANT RESTRICTIVE COVENANTS ARE BASICALLY USELESS, AND WOULD NOT BE JUSTIFICATION TO STOP ANY FUTURE LAND SUBDIVIDING AND REPLATTS OF OUR NEIGHBORHOOD IN.

DISCUSSIONS WITH SEVERAL REAL ESTATE ATTORNEYS IT APPEARS THE ONLY POSSIBLE SOLUTION TO SET UP OUR NEIGHBORHOOD AS A PUD OR PRD TO CURTAIL SUBDIVIDING. NEEDLESS TO SAY, NEITHER OF THESE OPTIONS ARE VIBLEG TESTS AS BOTH -- VIABLE TESTS AS BOTH OF THESE OPTIONS ARE TIME CONSUMING. I THINK THIS NEEDS TO BE REVIEWED BY THE COMMISSIONERS TO FIND A SOLUTION TO PROTECT OUR NEIGHBORHOOD AND OTHERS LIKE US. THERE ARE APPROXIMATELY 250 ACRES WITHIN MILL CREEK ESTATES, AND IF EVERYBODY REPLATTS THEIR 5-ACRE LOTS INTO AT LEAST 1-ACRE LOTS THAT WOULD BE A POTENTIAL OF 200 HOMES VERSUS 50 IT WAS ORIGINALLY PLATTED FOR.

[01:10:04]

YOU ARE THE ONLY ONES THAT CAN NOW MODIFY THESE RULES AGAINST PROTECT MILL CREEK ESTATES.

IF THIS APPLICATION IS APPROVED, OUR WAY AND QUALITY OF LIFE WILL BE FOREVER CHANGED.

YOU WILL BE SETTING A PRECEDENT THAT WILL BE HARD TO CONTROL AND WILL ESCALATE QUICKLY.

WE ARE ALREADY AWARE OF ANOTHER PROPERTY OWNER SEEKING GUIDANCE FROM YOUR STAFF ON SUBDIVIDING THEIR LOT WITHIN MILL CREEK ESTATES. I ASK THE COMMISSIONERS TO DENY THIS APPLICATION, AND SAVE MILL CREEK ESTATES AND PRESERVE THE INTEGRITY OF OUR NEIGHBORHOOD AND QUALITY OF LIFE, AS WE KNOW IT IN ST. JOHN'S COUNTY. THANK YOU.

>> THANK YOU, SIR. YOU'RE RIGHT ON TIME OF THE THREE MINUTES.

NEXT? >> GOOD MORNING AND THANK YOU FOR THE OPPORTUNITY TO ADDRESS THE COMMISSION. MY NAME IS ROBERT. MY WIFE AND I LIVE ON FARM CREEK ROAD. WE PURCHASED THE PROPERTY BACK IN 2016.

IT WAS 6 1/2 ACRES. THE MAIN REASONED WHY WE PURCHASED IN THE COMMUNITY WAS THE RURAL NATURE WHICH IS BECOME RARE IN ST. JOHN'S COUNTY. THE OTHER REASON WAS IT AS AN ESTABLISHED COMMUNITY OF 30 PLUS YEARS. I DISAGREE WITH THE PRESENTER THIS WILL NOT CHANGE THE CHARACTER OF THE COMMUNITY BECAUSE IT WILL.

IF YOU LOOK AT HOW THOSE PLATTED IT'S NOT CONFORMING WITH THE OTHER PLATTS IN THE NEIGHBORHOOD. THAT'S NUMBER ONE. NUMBER TWO COMMISSIONER DEAN YOU ASKED THE QUESTION I DON'T THISTY WAS FULLY ANSWERED. CAN THEY BUILD ON THE OTHER FOUR ACHERS? U THINK THE ANSWER IS YES. THAT WASN'T CLEAR AND THE CONVERSATION. THE CONVERSATION WENT, CAN THEY SUBDIVIDE THE FOUR ADDITIONAL ACHERS? TOLY THEY CAN PUT TWO HOUSES ON A 5-ACRE PLOT WHICH WILL AGAIN NOT CONFORM WITH THE NEIGHBORHOOD. THE OTHER THING AND MY BIG CONCERN IS BUILD A PRECEDENT AND OPEN A GATEWAY FOR FURTHER SUBDIVISION AND FURTHER DEVELOPMENT WHICH IS NOT WHAT THE NEIGHBORS WANT. WE PURCHASE IN THERE BECAUSE IT IS RURAL AND I HUMBLY ASK YOU LOOK AT YOUR DECISION AS HOW IT AFFECTS THE NEIGHBORS AND NOT

JUST THE PRESENTER'S Q-THANK YOU FOR YOUR TIME. >> THANK YOU, SIR.

>> NEXT THE -- PRESENTER'S REQUEST. >> NEXT.

>> GOOD MORNING. HELLO MY NAME IS JEANINE PATHOS AND I LIVE AT 599 SILO ROAD.

I ALSO AGREE. I MOVED INTO THIS NEIGHBORHOOD IN 2017.

WITH THE UNDERSTANDING I WOULD BE ABLE TO BE IN A RURAL NEIGHBORHOODS KIND OF SET IN THE MIDDLE OF A LARGER COMMUNITY. IT WOULD BE A SHAME TO LOSE WHAT WE HAVE AND BY SETTING PRECEDENT WITH THIS PROPERTY, I APPRECIATE WHAT THEY ARE TRYING TO DO, BUT THEY REALLY ARE SETTING A PRESS DHAENT CANNOT BE UNWOUND. IT WILL -- WITH OTHER INDIVIDUALS IN THE NEIGHBORHOOD ALREADY REQUIRING AND PUSHING -- PRECEDENT -- TO PUSH THEIR PROPERTIES, I DON'T WANT TO HAVE TO MOVE AGAIN. UNFORTUNATELY, IF THIS HAPPENS, YOU WILL SEE THIS ENTIRE NEIGHBORHOOD CHANGE. WE'LL HAVE HUNDREDS OF HOUSES BACK THERE.

MY PROPERTY IS ON THAT PICTURE, SO THEY ARE VERY CLOSE TO ME. AND AS MUCH AS I WOULD LOVE TO SEE ANOTHER NEIGHBOR, I DON'T WANT IT SEE FIVE MORE NEIGHBORS ON THAT PIECE OF THE.

-- PROPERTY. I THINK THERE CAN BE RESOLUTION. I BELIEVE THE PREVIOUS CONVERSATION WHERE THERE WAS A PROPOSAL WHERE YOU CAN RESTHRICT AND YOU CAN MAKE SURE WE DO NOT -- RESTRICT THIS AND MAKE SURE WE DO NOT SEE ONE ACRE PARCELS WITH HUNDREDS OF HOUSES BUILT IN THIS NICE CONTAINED PRORT. WE BOUGHT THE PROPERTY ON THE IDEA WE COULD STAY THERE ON OUR ALMOST 8-ACRE LOT WITH OUR HORSES AND LONG-TERM HAVE MY GRANDCHILDREN COME THERE AND ENJOY A MORE RURAL ENVIRONMENT, AND BE ABLE TO HAVE THAT LITTLE SLICE OF HEAVEN IF THE MIDDLE OF THE LARGER COMMUNITIES. TAKE A LOOK. IF YOU TAKE AN AIR YAFL THE ENTIRE AREA. -- AERIAL OF THE ENTIRE AREA, WE'RE LOSING THESE SMALL PIECES OF WHAT MAKES RURAL AMERICA RURAL. IT CAN GO AWAY VERY QUICKLY.

YOU HAVE A BIG DECISION TO MAKE, AND I APPRECIATE THAT THAT'S A LOT OF PRESSURE ON YOU, AND GOING AGAINST, YOU KNOW, POPULAR CLEARLY, THERE'S MANY PEOPLE HERE THAT FEEL VERY STRONGLY ABOUT THIS NEIGHBORHOOD. AND SO I APPRECIATE THE DECISION THAT YOU HAVE TO MAKE.

[01:15:03]

COMMUNITY. >> THANK YOU. IF THERE'S ANYONE ELSE FOLLOWING THIS LADY, PLEASE APPROACH THE PODIUM AND BE PREPARED SO WE CAN MOVE ALONG IF YOU DON'T MIND IF YOU'RE ABLE TO. IF IT DOESN'T BOTHER YOU STANDING FOR A MOMENT.

YES, MA'AM. >> GOOD MORNING BOARD OF COUNTY COMMISSIONS.

I RESIDE AT 5140 SILO ROAD. MY PARENTS ORIGINALLY BOUGHT THIS PROPERTY BACK IN THE 80S THIS. IS THE ORIGINAL MAP OF OUR NEIGHBORHOOD WHICH STATED THERE WERE 5 PLUS ACRE LAND PLOTS. THIS IS WHAT WE WERE TOLD AND MY PARENTS BELIEVED THROUGHOUT THE TIME THAT THEY BOUGHT THIS PROPERTY THAT IT WOULD ALWAYS BE A 5-ACRE LOT NO MATTER WHAT DID YOU TO THAT LOT IT WAS TO BE SOLD AS 5 ACRES. BACK IN 2003, NOVEMBER MYSELF, MY PARENTS AND A LETTER FROM MY HUSBAND BECAUSE HE WAS EMPLOYED AT THE TIME CAME BEFORE THE BOARD OF COUNTY COMMISSIONERS TO ACTUALLY PUT A SECOND HOUSE ON THE PROPERTY.

KNOWING WE HAVE SOLD IT IT WOULD BE SOLD AS 5 ACRES WITH TWO HOUSES BARN AND GARAGE.

IN 302003 WE WERE DENIED THAT OPPORTUNITY TO BUILD IT. WE MOVED BACK HERE IT TAKE CARE OF BOTH OF OUR PARENTS. MY HE MOTHER IS ON HER FOURTH BOUT WITH ESOPHAGUS CANCER AND TRYING TO SURVIVE ON THAT. NOW WITH THAT BEING SAID, OUR NEIGHBORHOOD IS VERY DIVERSE.

AS YOU KNOW, WE HAVE HORSES. WE HAVE GOATS. AT ONE TIME WE HAD COWS WHO BROKE OUT AND ATE ALL OUR LACHBLETED WE HAD EMUS. WE ALSO HAVE LIONS TIGERS AND ZEBRAS. THEY MOVED IT LATER. CAN YOU IMAGINE? A SAFARI. I DON'T HAVE TO HEAR ABOUT THE LION.

IN THE FIRST NIGHT THEY HEARD THAT LION RUN THEY THOUGHT OH, MY GOD WE'RE NOW BEING INVOLVED.

THIS IS WHAT'S HAPPENING HERE. WE ARE THE ZEBRAS AND THIS IS THE LION, AND THAT LION IS GOING TO GO AROUND AND AROUND AND AROUND AND TAKE EVERY PIECE OF OUR PROPERTY.

WE ALREADY HAVE A SECOND ONE THAT IS COMING IN THAT WANTS TO REPLAT THEIR PROPERTY.

LAST I HEARD THE MEETING BEFORE, THERE WERE THREE TRUSTEES. THERE ARE 15 ACRES.

IN MY MATH WHEN I WENT TO SCHOOL 15 DIVIDED BY 3 IS 5. THERE WERE THREE SEPARATE PLATS, 1, 30 AND 3. THE REASON WE DON'T WANT TO BUILD ON 5 ACRES THE AMOUNT OF TAXES THEY WILL BE INVOLVED WITH THAT. BECAUSE IF YOU KNOW, YOU ALREADY SAID, IT'S A COMMERCIAL ILGD ABOUT OF THOSE THROW LANDS. IF I REMEMBER RIGHT, OUR COVENANT SAYS NO COMMERCIAL BUSINESSES. IF SHE WANTS TO BUILD, BUILD.

BUILD ON YOUR 5 ACRES. WELCOME TO THE NEIGHBORHOOD. DO NOT SPLIT IT BECAUSE THIS IS WHY WE MOVED OUT HERE TO HAVE OUR HORSES, OUR COWS, TO HAVE OUR RURAL LIFE.

WE DO NOT WANT TO HAVE A SUBDIVISION. AS IT WAS WHEN MY PARENTS BOUGHT OUT THERE, THERE WAS NOTHING. TWO-LANE ROAD. STOP SIGN.

YOU DIDN'T EVEN HAVE TO STOP BECAUSE NOBODY WAS OUT THERE. TRACTORS GOING UP AND DOWN THE ROAD, GOING TO HORTONS GROCERY, THINGS LIKE THAT. WE DON'T HAVE THAT OPPORTUNITY

NOW IF YOU APPROVE THIS. >> THANK YOU, MA'AM. NEXT SPEAKER.

>> MR. CHAIR, I BELIEVE SHE HAD A MAP THAT SHE HAD PROPER TO THE BOARD.

THAT MAY BE HER ORIGINAL ONE, BUT IF WE COULD GET A COPY OF THAT FOR THE RECORD, IF WE COULD

ASK MRS. TICE, THANK YOU. >> YES, SIR. >> FIRST OFF, I'D LIKE IT SAY MY

>> IMCHARLES LINER. I LIVE AT 5157 SILO ROAD. I MOVED TO ST. JOHN'S COUNTY 28 YEARS AGO FOR A REASON, BECAUSE I WANTED MY CHILDREN TO GROW UP IN A RURAL NEIGHBORHOOD LIKE I DID. NOW WOULD Y'ALL -- TOOK Y'ALL MY GRANDCHILDREN, I HAVE FOSTER KIDS, BUT THEIR KIDS MOVED BACK THIS WITH ME. I WANT THEM TO KNOW WHERE I GREW UP IN A PLACE THAT I GREW UP. YOUR QUESTION WAS NEVER ANSWERED SIR.

I'M SORRY BUT I DON'T FEEL LIKE YOUR QUESTION WAS EVER ANSWERED BUT I SAW ON THEIR PLOT AND HER THING, IT SAID WHEN THEY SPLIT IS UP IN ONE ACRES THAT THERE WOULD BE ACCESS TO EACH ONE.

THAT TELLS ME THAT THAT IS SMOKE AND MIRRORS. I'M SORRY.

THAT'S THE WAY I FEEL AND I'M VERY, VERY -- I DON'T KNOW. IT'S THE LAW IS THE LAW.

[01:20:08]

I'VE RAISED A FAMILY, GRANDCHILDREN. I WANT MY GRANDCHILDREN TO KNOW WHAT I GREW UP IN. I DON'T WANT TO SEE MILL CREEK ESTATES AND I'M SORRY I'M GETTING -- BUT IT MEANS THAT MUCH TO ME. THAT MY -- THEY WANTED TO GATE COMMUNITY. MAYBE IT'S NOT A BAD IDEA NOW BECAUSE GUESS WHAT? YOU GOT TO SAVE ST. JOHN'S COUNTY NOW OR WE'LL END UP LIKE MANNED RAIN.

I'VE BEEN THROUGH MANDARIN. PEOPLE MOVED FROM MANDARIN BECAUSE MANDARIN OVERBUILT.

MILL CREEK NEEDS TO BE SAVED NOT SPLIT UP. WE'RE THERE FOR A REASON.

I COUNTED 12 DEER IN THE NEIGHBOR'S YARD THIS MORNING. YOU DON'T SEE.

THAT WE GOT WILDIES. I LOVE TO SEE NATURE, BUT IF -- WILD TURKEYS.

THERE'S NOWHERE TO NATURE TO GO. YOU DIDN'T PUT HER ON A CLOCK. I SEE HER OUT OF TIME BUT YOU DIDN'T PUT HER ON A CLOCK. SHE TALKED AS LONG AS SHE WANTED TO AM I RIGHT OUR AM I WRONG? SHE SPOKE. SHE SPOKE AS LONG AS SHE WANTED TO.

I'M ON A CLOCK BUT I'LL TELL YOU NOW I LOVE ST. JOHN'S COUNTY. I WANT TO DIE IN MY HOUSE BUT IF YOU FORCE HAD ON US, GUESS WHAT? I'M GOING TO LEAVE ST. JOHN'S COUNTY AND I WILL FIND A PEACEFUL SPOT TO DIE IN. AND I NEED TO TAKE MY OTHER 14 SECONDS OR WHATEVER IT IS, BUT YOUR QUESTION WAS NEVER ANSWERED SIR, AND I FEEL LIKE YOU DESERVE AN ANSWER.

YOU SIR, I'M SORRY. BUT GUESS WHAT. HIS QUESTION NEEDS TO BE

ANSWERED. AM I THE OR AM I WRONG? >> THANK YOU, SIR.

WHEN YOU ADD UP ALL THE SPEAKERS WILL PROBABLY EXCEED THE APPLICANT JUST TO BE FAIR.

THAT'S WE KIND OF HAVE TO DO THIS APPLIES TO EVERY LAND USE ISSUE WE TAKE UP EVERY MEETING.

THANK YOU. OK, YES, MA'AM. >> HELLO, MY NAME IS ANNE RAISENER OF 5120 AND 130 SILO ROAD. I'M APPEALING TO THE COUNTY COMMISSIONERS TO CAREFULLY RECONSIDER THIS PLATING AS IT AFFECTS THE LIFESTYLE OF CURRENT RESIDENTS OF MILL CREEK ESTATES. MR. KIRK AND SEVERAL MILL CREEK ESTATE RESIDENTS MET IN ATTEMPT TO WORK OUT A COMPROMISE AS MR. MCCORMICK SUGGESTED DUE TO FAMILY DYNAMICS, A RESOLUTION CANNOT BE REACHED WHY. ARE THE RESIDENTS OF MILL CREEK BEING THE ONES SUFFERING THE CONSEQUENCES SINCE THE EXPECT OTHERS OF THE TRUST COULD NOT AGREE TO LET THE DAUGHTER BUILD ON THE EXISTING 5-ACRE PARCEL. THIS IS NOT A SHASHD THIP BUT A FAMILY ISSUE THAT NEEDS TO BE RESOLVED BY THEMED NOT AFFECT THE MAJORITY OF RESIDENTS IN MILL CREEK STATES.

SO THEY ARE OPPOSED TO THIS. THE PRECEDENCE IS SET FOR FURTHER SUBDIVIDING.

IT'S BEEN BROUGHT TO MY ATTENTION A NEW RESIDENT ON FARM CREEK ROAD HAS CONTACTED TAYLOR LEWIS ABOUT REPLANNING THEY ARE LOT SO THE DESTRUCTION OF OUR NEIGHBORHOOD HAS ALREADY BEGUN.

THANK YOU FOR YOUR CONSIDERATION. >> THANK YOU, MA'AM.

NEXT. >> NEXT SPEAKER. >> GOOD MORNING.

MY NAME IS JOE MCCARNEY A ST. JOHN'S RES LENT 105 BLACKBERRY LANE.

FIRST OF ALL -- RESIDENT. I WANT TO SAY EVERYBODY IN THIS ROOM WANTS TO SEE WIN-WIN HERE.

I DON'T THINK THAT THERE IS ANYBODY TO SEE ANYBODY WALK OUT OF HERE WITHOUT SOME SATISFACTION. SO THIS PROJECT THEURED MY ATTENTION WATCHING TV ON SEPTEMBER 1ST AND THE FOLLOWUP NEWS ARTICLE THAT APPEARED IN THE RECORD, SO DID I CONTACT THE WEBBS TO JUST SAY AS A RETIRED ARCHITECT PERHAPS I COULD OFFER SOME INSIGHTS, SOME INFORMATION AND SOME ECHKS DRLT OVER THE COURSE OF THIS MONTH AND A HALF -- SOME DIRECTION.

WE HAVE HAD SOME DISCUSSION AND SOME E-MAILS AND I KNOW THE RESIDENTS HAVE BEEN VERY ACTIVE TRYING TO PURSUE A WINNING SITUATION. FOR EXAMPLE, ONE DISCUSSION WAS THAT IF THE FAMILY HAS NO INTEREST IN A FUTURE SUBDIVISION, WHY NOT BUILD ONE HOUSE? AND CREATE AN EASEMENT ON THE REMAINING FOUR ACRES SUCH THAT THE NURSERY COULD CONTINUE TO OPERATE UNDER THAT EASEMENT SITUATION.

[01:25:05]

I DO HOPE THERE WILL BE A WIN-WIN AT THE END OF THIS TIME TODAY.

THANK YOU. >> THANK YOU, SIR. I'M LOOKING AT PUBLIC COMMENT.

>> YES, MA'AM. >> YES. MY NAME IS HOLLY HORTON AND I LIVE AT 5115 SILO ROAD. SO COVENANTS AND RESTRICTIONS WHY.

DO WE HAVE THEM? WELL THE PURPOSE OF, MAINTAINING FAIR AND ADEQUATE LAND VALUES, PRESERVING AND LIMITING USE OF SAID LOTS. ESTABLISHING RESTRICTIONS AND CONDITIONS. BUT WHAT GOOD ARE THEY IF THEY ARE NOT ENFORCED? THEY ARE NOT, GOOD ARE THEY? AND THERE ARE MANY COMMUNITYIES WHO HAVE THEM.

YOU HAVE SOMEONE ELSE LIVING IN THEM, TOO. THERE WERE PROCEDURES OUTLINED IN OUR COMMUNITY DECLARATION OF COVENANTS TO CHANGE THE COVENANTS WITH THEY NO LONGER BENEFIT THE MAJORITY OF THE PROPERTY OWNERS. IT BASICALLY SAYS THAT WE VOTE ON IT GOING WITH THE MAJORITY. FURTHERMORE, WITHIN THE MILL CREEK COVENANT AND RESTRICTIONS PAPERWORK IT'S REFERENCED THAT AN OWNER WHO VIOLATES OR ATTEMPTS TO VIOLATE RESTRICTIONS THAT THEY AGREED TO IN PURCHASING THEIR PROPERTY POTENTIALLY THE DAMAGES SUCH AS THE ONES WE'RE FEELING RIGHT NOW. THE DOMINO EFFECT.

ONCE AGAIN PROTECTSING THE VALUES OF OUR PROPERTY AND RILE THE PROPERTY OF ANY COMMUNITY IS THE POINT COVENANTS AND RESTRICTIONS. PART OF THE THINGS MANY PEOPLE VALUE WHO LIVE IN MILL CREEK DOES NOT ONLY LIE IN THEIR LARGE LAND PARCELS APPORTIONED OR IN THEIR HOUSES, BUT ALSO IN THE LIFE THAT CAN BE LED IN A COMMUNITY SUCH AS OURS.

CUTTING AND DICING. INFRINGES ON A LIFE THAT MANY HAVE COME IT KNOW, WHICH INCLUDES RAISING AND PROTECTING LARGER ANIMALS. SO I X-I ASK YOU, WHY SHOULD A COMMISSIONER OR ANY OTHER ENTITY MAKE A DECISION WHICH CAN AFFECT SO MANY ADVERSELY FOR THE BENEFIT OF ONE SOLITARY PARTY OR ONE WHO HAS NO CURRENT VESTED INTEREST D IN OWNERSHIP? THE DAUGHTER, GRANDDAUGHTER. HAS STATED EARLIER THERE WERE MEASURES TO ADDRESS THIS WITHOUT THE INVOLVEMENT OF COMMISSIONERS OR OTHER OUTSIDE PERSON WHO'S ARE NOT INVESTED HERE.

AND IT IS WRITTEN AND I QUOTE SAID COVENANTS SHOULD BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE PERIODS OF TEN YEARS UNLESS AN INS TRUMENTD IS SIGNED BY A MAJORITY OF THE THEN OWNERS OF THE LOTS -- INSTRUMENTS -- HAS BEEN RECORD, AGREEING TO CHANGE SAID COVENANT HOLDER IN PART. SO WHAT WE CAN DO CAN AFFECT OTHERS AND IF WHAT YOU DO WILL

AFFECT US. >> I HAVE TO GIVE YOU THREE MINUTES LIKE EVERYONE ELSE.

>> I UNDERSTAND. WE CAN WORK IT THE OURSELVES JUST LIKE YOU ASKED.

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

>> I'M CLIFF FORD -- CLIFFORD TI CRE I LIV ON SILO ROAD. HONORED ESTEEMED RES DECHCTS AND

[01:30:03]

AS MY WIFE CAME UP AND SAID -- RESIDENTS. I WAS DEPLOYED IN OPERATION DEEP FREEZE COAST GUARD CUTTER POLAR SEA. I MADE MY PETITION TO BUILD A HOUSE AT 5140 SILO ROAD, SEPARATE STRUCTURE ON THAT PROPERTY AND CAME BEFORE THE COMMISSION BECAUSE IT WAS POSED BY OUR NEIGHBORS THROUGHOUT THE NEIGHBORHOOD BECAUSE WE WERE GOING TO IT APPEARED WE WOULD SPLIT THE PROPERTY UP. WE DIDN'T WANT TO DO THAT.

THE COMMISSION DENIED OUR REQUEST FOR THE SEPARATE HOUSE. WE CAME A COMPROMISE AND EVERYBODY IS HAPPY. THE EMOTIONS AND EVERYTHING ASIDE FROM THAT DENIAL LOOKING BACK LOOKING AT THE GIFT WE WERE GIVEN OF COPING THAT PROPERTY INTHACT OPEN ROOURL CONTACT THERE'S ANOTHER ITEM ON THE AGENDA DIVISION IN THE COUNTY THAT IS GOING TO BE SPLIT UP FOR 200SS IN ADDITION TO MAINTAINING THE RURAL WAIVE LIFE THAT IT'S ALSO ACTING IN STEWARDSHIP IN WILDLIFE IN THAT AREA. THEY HAVE NOWHERE ELSE TO 2C3W0 IF I DECIDE THEY WOULD HAVE HORSEORS WHATEVER THEY HAVE OUT THERE THEY WOULD HAVE THAT OUT THERE AND MAINTAIN THE RURAL WAIVE LIFE. IT'S UNDER AT KNACK THIS COUNTY. IT'S UNDER ATTACK EVERYWHERE THIS IS A GEM AS I SAID BEFORE THERE ARE NOT TOO MANY OF THESE GEMS LEFT.

IF WE SUBSIDIZE THESE PROPERTIES OR ALLOW THEM TO BE SUBDIVIDED WE'RE GOING TO HAVE ATROCITIES ALL OVER THE PLACE. THAT'S WHY THEY ARE. THERE IT'S A RESPITE COMMUNITY.

WHEREVER I AM ON A GIVEN DAY. I COME BACK IN IS MY RESPITE AS ALL MY NEIGHBORS COME BACK.

THEY CAN RIDE THEIR HORSES. I LOVE MY WATCHING MY NEIGHBORS RIDE THEIR HORSES.

THAT WILL GO THAT WILL BE THE GATEWAY TO SUBDIVIDING PROPERTIES.

WE DENT WANT THAT THAT IS WHY ALL OF US MOVED OUT. AGAINST THESE SUBDID I VITIONS.

AGAIN HAD GETS SUBDIVIDED. IT OPENS THE DOOR. WE WM THE NEW NEIGHBORS.

BUT AGAIN ONE HOUSE PER FIVE ACRES. >> THANK YOU SIR.

>> FURTHER COMMENT. YES, SIR. >> YES.

GENTLEMEN, I'M CHARLES HUNT 5135 SILO ROAD. LIKE I SAID WHAT IS PRESENTED IS BASICALLY A CRACK IN THE DOOR. ONCE IT'S OPEN IT'S GOING TO START COMING IN AS Y'ALL GENTLEMEN KNOW ALL THE -- I REFER TO THEM AS ANT COLONIES GOING AROUND EVERYWHERE IN AND ABOUT THAT AREA WELL OVER A YEAR AGO I WAS TALKING ABOUT GRAND OCCASION 16, HOW IT WAS MANIPULATED THROUGH THE PROCESS TO BE ABLE TO GET APPROVED AND THIS IS WHAT IS THE BIG DEVELOPMENTS IS COMING DOWN AND GOING INTO THESE SMALLER DEVELOPMENTS, WHICH WHEN I RETIRED FROM THE ARMY, I WANTED AREA TO LIVE. I WANTED ROOM TO WHERE IT'S FOR ME TO BE ABLE TO SEE A HOUSE. THAT'S FINE. BUT WHEN MY THREE VONS OUT THERE AND WE'RE OUT THERE DOING THIS, AND THEIR FRIENDS COME OVER, PEOPLE COME OVER.

THEY ARE AMAZED AT THE SIZE OF THE PROPERTY OUT HERE AND REGULATION THAT'S IT FALLS UNDER. PEOPLE FROM THE OTHER DEVELOPMENTS AROUND COME DOWN SILO ROAD OR FARM CREEK ROAD BECAUSE THEY HATE BEING IN THEIR PLACES.

THIS RIGHT HERE. AS YOU COME IN AND THAT RIGHT THERE, THE TREE FARMS PRESENTS WHAT IS GOING TO HAPPEN. AND IT'S RIGHT THERE AT ENTRY POINT OF SILO AND FARM CREEK ROAD. ONE HOUSE ON ONE ACRE, YES. WHAT ABOUT THE OTHER FOUR ACHERS? WE'LL PUT ANOTHER HOUSE ON THERE LATER.

[01:35:01]

I HAD TO FIND A MEDIUM IN BETWEEN CHAOS AND SERENDIPITY OR SILENCE, WHERE I CAN SEE IT.

THAT IS THE PLACE. TAKING AND PUTTING THAT IS GOING TO START THAT PROCESS OF SUBDIVIDING, AND GENTLEMEN, WHATEVER THE REGULATIONS SAY IT'S THE PEOPLE OF THE COMMUNITY RIGHT THERE. YOU SHOULD LISTEN TO THEM. BECAUSE THAT'S WHY THEY MOVED OUT. WHEN I BOUGHT MY PROPERTY, THAT WAS CLEAR AND PRECISE INFORMATION. YES, PUT YOUR HOUSE ON IT PEOPLE SAY WHAT IF YOUR SON WANTS TO

LIVE ON YOUR SFLORT. >> FOR MY PROPERTY HE'S NO. GENTLEMEN, LISTEN TO TO THE

PEOPLE. LISTEN TO THE PEOPLE. >> NEXT.

COMMENT. NEXT. PUBLIC COMMENT.

YES, SIR. >> GOOD MORNING, SIR. MY NAME IS ELWOOD.

I ALSO LIVE ON 511 SILO ROAD. I'D LIKE TO BRING TO YOUR ATTENTION HAD A I GREW UP IN THE COUNTRY IN ACRES. I'VE SEEN PALM COAST COME IN AND ALMOST TAKE IT OVER AND THEY HAVE. BUT NOW WANTS TO CHANGE OVER TO THE CITY OF PALM COAST IS BEING DEVELOPED SO MUCH. I USED TO COME HERE IN THE FISH CAMP AND PUT MY BOAT IN.

THAT MADE IT INTO A RESTAURANT. I REMEMBER IT. NOW THE RESTAURANT IS DOWN, OK.

EVERYTHING IS BE DEVELOPED. MY PROPERTY, ME AND MY DAUGHTERS USED TO RIDE ON WHO IT WAS FARMLAND. THE MEADOWS WHEN IT WAS A FARMLAND.

ALL AROUND US IT WAS FARMLAND. GO TO HORTONS STORE. IF YOU LOOK ON MY LOT, WHICH IS RIGHT THERE YOU CAN SEE IT JUST BEHIND US IS MEADOWS. IF YOU SUPPLY THAT ONE WHO IS TO SAY I CAN'T SUBDIVIDE MINE. NOW MINE I GOT FIVE HOUSES THAT BACK UP TO MY PROPERTY.

THAT IS JUST A SHORT DISTANCE. IF I GO THE LONG WAYS HOW MANY WAYS CAN I DIVIDE? WHERE IS IT GOING TO STOP? YOU GOT A TREE FARM THAT'S FINE. THERE'S ALSO THE SAME TREE PHARMACROSS THE ROAD. WHO SAYS THAT'S NOT GOING TO BE SPLIT UP ONE ACRE AT A TIME? THERE IS SO MUCH DEVELOPMENT GOING ON AROUND HERE. IF YOU LOOK AT WHERE THE KING OF THE BEARS, THE VILLAGE, HOW MANY POSTAGE STAMP HOUSES CAN YOU PUT ON A PROPERTY? I THINK THERE'S A CONTEST WITH THE CONTRACTORS. HOW MANY HOMES? I BET YOU CAN CUT YOUR YARD A WEED EATER AND GET SUED BY YOUR NEIGHBOR BECAUSE YOU CUT TOO FAR ONTO HIS. THE HOUSES THAT ARE THAT CLOSE TOGETHER.

AS FOLLOWUP AS BEFORE, THERE IS WAYS TO SALUTE -- WAYS TO RESOLVE THIS.

IT SOUNDS LIKE I HEARD SOMEBODY SAY IT'S A HOME PROBLEM TRYING TO MAKE IT A COUNTY PROBLEM.

OKAY. THE COVENANTS WE HAVE ARE FOR THE PEOPLE THAT LIVE ON SILO ROAD. THEY GET TOGETHER. WE'RE LIKE OUR OWN LITTLE COMMUNITY. WE VOTE ON IT. THINGS ANEED TO BE ADDRESSED NEED TO COME TO THE COVENANT OF MILL CREEK, NOT THE COUNTY OF COMMISSIONERS.

THERE IS A WAY TO RETHIS WITHOUT THE COUNTY COMMISSIONERS. I THINK YOU'RE GETTING INVOLVED IN SOMETHING THAT SHOULD HAVE STAYED AT HOME. WITHIN THE FAMILY.

I LIVED THERE. I'M RAISING MY KIDS THERE. WE HAVE A FARM THERE.

LET'S KEEP IT THAT WAY. WE DON'T NEED ANOTHER JACKSONVILLE.

THANK YOU. >> THANK YOU, SIR. FURTHER PUBLIC COMMENTS ON ITEM ONE. FURTHER PUBLIC COMMENT. IS THERE A CALL WAITING? LOOKS LIKE IT. WE HAVE A CALL. WEF ONE CALLER.

-- WE HAVE ONE CALLER. GO AHEAD, NAME AND ADDRESS PLEASE ON THE CALL.

>> HI, GOOD MORNING MY NAME IS TRACY COLLINS MY ADDRESS IS 5103 FARM CREEK ROAD.

[01:40:02]

MR. SMITH COMMISSIONER FOR DISTRICT WOULD AND LIFE LONG MEMBER OF THE FARMING COMMUNITY, I'M SURE YOU REALIZE HOW THIS WAY OF LIFE IS BECOME EXTINCT. THANKFULLY, ONE -- ONCE YOU TURN OFF OF THE ROAD AND ONTO SILO ROD YOU ARE REMIND OF HOW THINGS USED TO BE.

THANKFULLY WHEN THE NEIGHBORHOOD WAS DEVELOPED PLANS WERE PUT INTO PLACE SO WE COULD ENJOY THE LIFESTYLE WE LOVED SO MUCH I STRONGLY FEEL LIKE THIS WILL GREATLY IMPACT THE LIFESTYLE THAT WE HAVE. AND OPEN THE DOOR FOR THIS TO CONTINUE TO HAPPEN.

I DO NOT BELIEVE THIS MEETS THE GUIDELINES FOR HASHEDSHIP. I THINK IS AN ATTEMPT TO REDUCE THE TAXES AND POSSIBLY OPEN THE OPPORTUNITY TO SUBDIVIDE THE SECOND 5-ACRE PLOT THE PETITIONS OWN. WE ARE NOT ASKING THAT DO YOU ANYTHING MORE THAN PLEASE HONOR THE CURRENT COVENANTS AND RESTRICTION THAT'S WE HAVE IN PLACE SO THAT WE CAN CONTINUE TO HAVE OUR OWN LITTLE SLICE OF HEAVEN. I ASK THE BOARD, IF YOU HAVE

BEEN PROVIDED WITH THE CURRENT COVENANT AND RESTRICTIONS? >> MR. CHAIR IF I MAY ANSWER THE SPEAKER, THOSE MATERIALS I BELIEVE ARE IN THE STAFFING REPORT.

>> THAT'S CORRECT. >> GO AHEAD, MA'AM. >> SO YOU HAVE BEEN GIVEN THOSE.

>> YES, GO AHEAD. PLEASE. >> THAT'S ALL I'D LIKE TO SAY.

KNOW THAT WE HAVE UNLIMITED AMOUNT OF THESE TYPE OF PROPERTIES LEFT AND IT'S

IMPORTANT TO KEEP IT THAT WAY. >> THANK YOU. >> THANK YOU FOR YOUR TIME.

>> THANK YOU. WE HAVE ONE MORE PUBLIC SPEAKER. IS THERE ANY MORE PUBLIC SPEAKERS BEFORE WE HEAR ANYTHING FROM THE APPLICANT? DO WE HAVE A REBUTTAL FORM? GOING ONCE? GOING TWICE? 2 1/2?

2 3/4? >> BJ LAIDY. WEST CITY, ST. AUGUSTINE WHERE THE ROOSTERS ARE. NOT IN A RURAL AREA. BACK UP.

THIS IS EXACTLY WHAT I SPOKE TO DURING THE GENERAL COMMENT. NUMBER ONE, THE QUESTION ABOUT UTILITIES NEEDS TO BE ASKED IS THIS GOING TO SEPTIC OR SEWER FOR THE COUNTY? NUMBER TWO, THE CONPLAN GOT CHANGED IN 2007. THAT IS WHERE ALL THE PROBLEMS ARE. NUMBER THREE, THERE COULD BE A DEED RESTRICTION, EXCUSE ME, IF THE APPLICANT WANTS TO WORK THINGS OUT. FOUR.

MISS TAYLOR, WHO IS THE STAFF PERSON ONE OF THEM SPOKE OTHER PEOPLE ARE GOING TO JUMP ON THE BANDWAGON. KNOWLEDGE IS POWER. I'M GLAD THE OWNERS THAT LIVE IN THE AREA THAT HAVE SPOKE THIS MORNING GOT THAT INFORMATION BECAUSE THIS IS EXACTLY WHAT'S GOING TO HAPPEN THIS. GOES THROUGH AND THE OTHERS DOLL THE SAME THING.

NOW NUMBER FIVE IS ABOUT PROPERTY RIGHTS AND I'M SURE THE LEGAL PEOPLE CAN DISCUSS THIS FOR ETERNITY. WE'RE AFRAID IF YOU DENY THIS LIKE YOU SHOULD, THAT THERE WILL BE A LAWSUIT AGAINST THE COUNTY AND THE COUNTY WILL PROBABLY LOSE DEPENDING ON WHO THE OTHER LAWYERS ARE. THIS WHOLE THING ABOUT PROPERTY RIGHTS, WHEN THEY GOT THESE EASEMENTS BACK IN THE DAY WITHIN 2007 CHANGED ALL THAT. THAT'S WHY IT'S IMPORTANT TO PAY AT TWHAENTION GOES ON WITH THE COUNTY COMP LAND. AND THE LAST ONE IS THAT I -- ATTENTION OWE I BELIEVE THE REASON WHY THESE PEOPLE HAVE SPOKEN UP YOU NEED TO DENY THIS AND TAKE THE REPERCUSSIONS OF TRYING TO SAVE WHAT PEOPLE HAVE MOVED HERE IN THAT AREA ESPECIALLY. THEY GET AWAY FROM WHAT IS BEING TERMED INTO JACKSONVILLE IN THIS

[01:45:07]

I DIDN'T MOVE IN FOR THAT, BUT YOU SEE, YOU GOT TO GET AN ATTORNEY AND YOU GOT IT FIGHT FOR YOUR RIGHTS AND YOUR ZONING. WHEN YOU DON'T HAVE ANY MONEY AND THE DEVELOPERS KNOW THIS.

WE COME IN HERE AND WE WASTE TIME, AND I DO TAKE EXCEPTION TO THE THREE-MINUTE DEAL THAT YOU HAVE TO SIT HERE. I'VE GOT THE TIME GOING ON AND THESE PEOPLE GOT TEN MINUTES AND WE ONLY GET THREE MINUTES. I DON'T GO ALONG WITH THAT ARGUMENT BUT THAT'S MY OPINION

ON THAT. SO ENJOY YOUR DECISION. >> THANK YOU.

ANY OTHER PUBLIC COMMENT? I THINK THAT THE APPLICANT WISH TO RESPOND?

>> GENTLEMEN, I'M STEVE PARKER. I AM STACY'S DAD. I WOULD LIKE TO SOMETHING ON COVENANTS HERE. THAT THE PREVIOUS LADY STARTED ABOUT WITH THE OWNER.

-- SHALL VIOLATE OR ATTEMPT TO VIOLATE ANY OF THESE RESTRICTIONS OR COVENANTS.

IT SHALL BE LAWFUL FOR THE OWNERS, AND SHE SKIPPED OVER THE PART WITH PERSON OR PERSONS OWNING ANY LOT OR SUBDIVIDE LOT IN SAID LANDS, WHICH INSINUATES THE ORIGINAL COVENANTS LAY THE GROUNDWORK FOR POSSIBLY SUBDIVIDING. THERE IS NOTHING HERE THAT SAYS FIVE ACRES. JUST WANT TO MAKE THAT CLEAR. Y'ALL AND TO THEM.

I DID TRY TO REACH OUT TO THE OWNERS OUT THERE. DID I SPEAKING ABOUT MR. EISNER AND MISS WEBB, AND QUITE HONESTLY, THEY ARE THE KIND OF PEOPLE WOULD YOU WANT AS NEIGHBORS. IT WAS A GREATATION IS. THEY DIDN'T UNFORTUNATELY WE DIDN'T -- GREAT CONVERSATION. UNFORTUNATELY WE DIDN'T REACH AN AGREEMENT.

WITH THAT SAID I WOULD VERY MUCH LOVE MY DAUGHTER TO -- SOMEBODY MAY HAVE TO DIE IN FOR TO HAPPEN. ME. I CAN HONESTLY SAY THAT WE'RE NOT THE ISSUE. I UNDERSTAND WHERE THEY ARE COMING FROM.

I REALLY SYMPATHIZE WITH IT. BUT I HAVE NO -- NO WAY OUT OTHER THAN TO WITHDRAW MY APPLICATION AND THAT'S NOT GOING TO CHANGE THINGS. I TOLD HIM OUT THERE YOU REALIZE THIS IS GOING TO HAPPEN SOONER OR LATER AND HE SAID YEAH. HE WOULD PREFER FOR IT TO BE LATER,S I WOULD -- WOULD I. MY DAUGHTER WANTS THIS RURAL LIFE AND I'M TRYING TO HELP HER

GET IT. Y'ALL HAVE ANY QUESTIONS FOR ME? >> ANY QUESTIONS FOR MR. KIRK?

THANK YOU, SIR. >> MY NAME IS MANUAL PHILLIPS I LIVE AT 5100 SILO ROAD.

>> SIR IF YOU DON'T MIND JUST A MOMENT. IS THERE ANYONE ELSE THAT HAS A PUBLIC COMMENT? OK WE'LL TAKE ONE LAST ONE AND I'LL OFFER AGAIN TO ANY REFUTATION OF THAT. YES, SIR, PLEASE PROCEED. THREE MINUTES.

>> YEAH, I LIVE AT 5011 SILO ROAD, MANUAL PHILLIPS. I USED TO LIVE AT 5155 SILO ROAD. I MOVED DOWN THE STREET BECAUSE I WANTED TO STAY IN THE COMMUNITY. LIVED THERE FOR OVER 21 YEARS AFTER I RETIRED OUT OF THE MILITARY. THIS IS PROBABLY THE LAST COMMUNITY IN ST. JOHN'S COUNTY THAT HAS THIS TYPE OF SET-UP, THAT HAS THE CURRENT SETUP. I MOVED THERE BECAUSE OF THE WAY THE COMMUNITY IS SET UP, THE WAY THE COVENANTS ARE SET UP. THOSE HAVE CHANGED OVER THE

[01:50:02]

BY THE TREE FARM. THOSE TWO 5-ACRE PLOTS. IF THEY DO THAT TO THAT 5 ACRES RIGHT, THERE ARE EVENTUALLY DO IT TO THE OTHER 5 ACRES. AND IT'S GOING TO CHANGE WHAT THE RESIDENTS OF THIS COMMUNITY RECENTLY MOVED THERE FOR. WE MOVED THERE BECAUSE WE WANTED TO MOVE INTO AN AREA THAT HAD 5 ACRES OR MORE. RIGHT BECAUSE WE DON'T LIKE LIVING THERE NEIGHBORS IF YOU LOOK OUT YOUR WINDOW RIGHT YOU CAN SEE INTO THE NEXT GUY'S HOUSE. OKAY. WE LIKE THE TRANQUILITY OF THIS COMMUNITY PROVIDES. IF YOU DO WHAT YOU'RE PLANNING ON DOING HERE THAT'S GOING TO

TAKE THAT AWAY. THANK YOU. >> THANK YOU, SIR.

THAT COMPLETES PUBLIC COMMENT MR. CHAIRMAN. >> PUBLIC COMMENT NOW CLOSED.

IS THERE APPLICANT, THE OPPORTUNITY TO HAVE A REPU REPUTATION?

>> MR. CHAIR, IF I MAY, I THINK THE BOARD'S GENERAL ZREKS IF THERE -- DIRECTION IF THERE WAS A MISTAKE, A MATERIAL MISTAKE RS THIS WAS NOT AN INTENTIONAL ONE. BUT MY UNDERSTANDING, AND I THINK TAYLOR ADDRESSED THE BOARD ON THIS IS THAT THE OTHER TEN ACHERS ARE NOT OWNED BY -- IS THAT CORRECT? MISS TAYLOR, CAN YOU PUT THAT INTO THE RECORD?

>> GOOD MORNING, COMMISSIONERS. YES, SIR. THE REMAINING 10 ACRES DIRECTLY ACROSS THE STREET ARE NOT OWNED BY THE TRUST. THAT IS ACTUALLY A SEPARATE OWNERSHIP. SO CURRENT THINK 5 ACRE PARSE SELL DIVIDED THREE WAYS BETWEEN THREE -- PARCEL IS DIVIDED THREE WAYS BETWEEN THREE HEIRS OF THE TRUST.

>> ANY QUESTIONS FOR THE APPLICANT? COMMISSIONER JONES?

>> I HAVE A QUESTION FOR STAFF. >> MR. -- THROUGH THE CHAIR IF I MAY.

I DID NOT SEE A PROHIBITION OF THAT UNLESS THERE AS OF TODAY YES OR NO?

>> AS OF TODAY THERE WITH NOT BE A RESTRICTION I'M AWARE OF. >> TO THAT POINT, WHAT COULD THE COMMUNITY DO, THE PROPERTY OWNERS DO TO REVISE THEIR COVENANTS, DEED RESTRICTIONS, ZONING, LAND USE, TO ACHIEVE WHAT THEY ARE TRYING TO ACHIEVE? THE MESSAGE I'M RECEIVING IS THAT THIS DEVELOPMENT WAS CREATED IN A NEIGHBORHOOD, IF YOU WANT TO CALL IT A SUBDID I SWRITION 5-ACRE THE BASED ON RESTRIKSS. -- SUBDIVISION WITH 5-ACRE LOTS BASED ON RESTRICTIONS. THEN IT WAS CHANGED TO ALLOW THE 5-ACRE LOT TO BE SUBDIVIDED INTO 1-ACRE LOTS. -- ABLE TO COME THROUGH THE COUNTY PROCESS TO LET THE REST THE COMMUNITY WANTS TO ACHIEVE? -- TODAY WHICH INDIVIDUALS OR A COMMUNITY CAN PROTECT THEIR

5-ACRE LOTS TO PREVENT THEM PERFECT SBK -- >> IF I MAY AGAIN THROUGH THE

CHAIR. >> COMMISSIONER JOHNS, THE ANSWER IS YES.

ONE OR MORE APCOMPLI CANTS COULD APPLY FOR A FUTURE LAND USE SNAP CHANGE FROM RES-.

THERE WOULD BE AN APPLICATION IT WOULD GO TO THE BOARD OF COUNTY COMMISSIONERS.

FOR THE DECLARATIONS THEMSELVES ALTHOUGH WE'RE NOT COUNCIL TO THEM THEY WOULD WANT THEIR OWN LEGAL COUNCIL TO REVIEW BUT IN MY READING OF THOSE, AS I THINK ONE OF THE SPEAK HERS MENTIONED, THAT THERE'S A PROVISION TO CHANGE THE DLAEK RACES POTENTIALLY ADDING THE RESTRICTIONS. SO THAT IS THAT'S ON THE PRIVATE SIDE.

FOR THE PUBLIC SIDE THERE WOULD BE A LAND USE CHANGE. YOU MAY WISH TO HEAR FROMER FROM

[01:55:06]

THE COUNTY STAFF. >> GOOD MORNING. THE CONFERENCE OF PLAN RESIDENTIAL A TO ALLOW FOR THE RESIDENTIAL TYPE OF STROMENT OCCUR.

RESIDENTIAL IS ONE UNIT TO THE ACRE. THE NEXT DESIGNATION THAT HAS BEEN LOWERED IN WILL BE THE AGRICULTURAL INTENSIVE DESIGNATION, WHICH IS ONE UNIT PER 39 ACRES WHICH IS WHAT MILL CREEK ESTATE WAS PRIOR TO 2000. DID YOU HEAR MILL CREEK TALK ABOUT THAT. IT WAS A-I. WHAT THAT DID AT THAT TIME WAS MAKE ALL OF THOSE 5-ACRE LOTS NONCONFORMING TO THE CONFERENCE OF PLAN IN 2000 IT WAS CHANGED TO RESIDENTIAL-A. EVERYTHING WAS CONSISTENT WITH THE CONFERENCE PLAN AT THAT TIME. THERE ARE PLANNING NIX THAT'S COULD BE ADDRESSED BY THE COMMUNITY IT THEY CHOOSE TO GO THAT ROUTE. ONE YOU HEARD WAS A PLAN UNITEIT DEVELOPMENT THAT COULD REZONE THE PROPERTY TO THAT. THEY COULD COULD DO SOME TYPE OF OVERLAY PROVISIONS IF THEY CHOOSE TO DO THAT THROUGH A DIVISIONING EFFORT.

THERE ARE COMMUNITY EFFORTS THEY COULD DO IF THAT BOARD MAY ACCEPT OR BOARD OF COUNTY COMMISSION CORES ACCEPT IN THE FUTURE. IT IS PLANNING TYPE EFFORTS THEY WOULD NEED TO ACHIEVE AS A COMMUNITY. CHANGING IT BACK TO AGRICULTURAL INTENSIVE WOULD AGAIN COMG SOMING THAT COMMUNITY WOULD NEED TO COME TOGETHER ON AND SAY YES WE WANT TO SAY WE'RE ONE UNIT PER 39 ACRES AND JUST BE A EXISTING NONCONFORMING.

>> COMMISSIONER JOHN. MISS BISHOP REALLY DID HOPEFULLY CLARIFY ON THE LAND USE BUT

MENTIONED OTHER MECHANISMS. >> THANK YOU. >> MISS BISHOP IN BRINGING THAT UP GOING ARE AGRICULTURAL INTENTION TO RES-A INLAND USE BEING A NONCONFORMING AT THAT POINT, THEY COULDN'T DO ANYTHING TO IF I UNDERSTAND -- WHAT WERE THE NEGATIVES, THE CONS TO THAT AND WHY WAS IT CHANGED? THEY COULD DO IMPROVEMENTS TO THEIR SNOMZ IS THAT SOMETHING

LIKE THAT? >> THEY WOULD NOT BE ABLE TO. THEY WOULD BE LEGALLY NONCONFORMING, SO THEY WOULD GET ONE UNIT ERA IN 5 ACRES AT THE THAT POINT BECAUSE THEY ARE EXISTING PLATTED LOTS, SO THEY WOULD GET ONE UNIT. IF THEY CAME IN TO DO IMPROVEMENT IF'S THEY HAD A EXISTING HOUSE ON THE PIECE OF PROPERTY THEY WOULD STILL BE OK TO MAKE THOSE IMPROVEMENTS ON THE EXISTING HOUSE BUT WOULDN'T BE ABLE TO INTENSIFY THEIR DEVELOPMENT OR INTENSIFY THEIR LOT IN ANY WAY. IF THEY CAME THIS AND SAID FOR INSTANCE WE WANT TO BUILD ANOTHER HOUSE THEY WOULD NOT BE ABLE TO DO THAT WITHOUT

CONFERENCE PLAN AMENDMENT COMING IN. >> WHERE WAS THE PUSH FOR HAD A?

DID IT COME FROM THE COMMUNITY OR THE STAFF TO ADJUST -- >> I CAN'T SAY THAT I REALLY REMEMBER, BUT WITH RESFOCT 245 WE DID WITH RESPECT TO THE CHANGES THAT WERE MADE IN 2000 THERE WAS A SERIES OF WORKSHOPS THAT DID OCCUR PRIOR TO THAT EVALUATION AND APPRAISAL GETTING APPROVED BY THE BOARD OF COUNTY COMMISSIONERS AT THAT TIME IT. COULD HAVE BEEN THAT BE? THAT AREA DID MAKE A COMMENT. I JUST DID NOT REMEMBER FOR COULD SIMPLY THAN AREA WAS SIMPLY CHANGING AND STAFF KNEW WAS INCONSISTENT WITH CONFERENCE OF PLAN AND STAFF MAY HAVE HAD THAT RECOMMENDATION IT OUR BOARD OF COUNTY COMMISSIONERS AT THAT TIME AS WELL.

>> THANK YOU. >> ANY OTHER QUESTIONS FOR STAFF? I HAVE A COUPLE OF QUESTIONS IF YOU DON'T MIND. FROM LEGAL WHAT WAS -- CAN YOU ELABORATE ON THE TACKS WAS TAKEN IN 2003 BY THE TY CRE FAMILY. -- TYCE FAMILY?

WAS THAT A RESENATE. >> MY UNDERSTAND WAS THIS IT WAS -- LEWIS TAYLOR HAS THE DETAILS ON THAT. MY UNDERSTANDING IT WAS AN SUP THAT HAS DIFFERENT CRITERIA.

>> MR. CHAIRMAN, JUST BEFORE MISS LEWIS SPEAKS ON THIS, THERE IS A NOTE THAT GENERALLY WOULD BE RESTRICTED IN HAVING MORE THAN ONE MAIN USE STRUCTURE ON A PAERLS IN A PLATTED LOT LIKE IT.

MY GUESS WAS THAT THE APPLICATION THERE REQUEST FOR SPECIAL USE PERMIT IN ORDER HAVE ONE MAIN USE STRUCTURE ON A PARCEL. IS THAT RIGHT?

>> YES, SIR. >> SO AT THE TIME O SPECIAL USE PERMIT HAD THE PREVIOUS APPLICANT COME FORWARD AND REQUESTED A REPLAT IT'S MORE LIKE LIKELY IT WOULD HAVE BEEN APPROVED BECAUSE THEY WOULD NOT HAVE BEEN REQUESTING THE SPECIAL USE PERM WHICH IS A SPECIAL USE

[02:00:04]

THAN REPLAT. >> IT'S A MATTER OF THE REQUEST NOT THE, THAT WAS TAKE SCENE IN YES, SIR. MISTER HE'S ABISHOP COULD CLARIFY MORE ON THE REQUIREMENTS

OF WHAT THE SPECIAL USE WAS FOR. IT IS A SEPARATE APPLICATION. >> THANK YOU.

I JUST WANTED TO HAVE CLARIFICATION ON THAT. IN REGARDS TO THIS MORNING'S PRESENTATION BOTH FROM THE OPPOSITION, AS WELL AS THE APPLICANT, I'M ASKING THE CITY COUNTY AND OBVIOUSLY THE COUNTY ATTORNEY, AS THE APPLICANT, HAS THERE BEEN ANYTHING?

HAS ANY NONCONFORMITY BEEN IDENTIFIED THAT YOU COULD SEE? >> MR. CHAIR, THE BOARD IS THE ULTIMATE WEIGHER OF EVIDENCE AND I WILL TELL YOU I HAD BEEN LIST SEE, FIRST OF ALL, THERE WERE MANY HEARTFELT AND SINCERE COMMENTS, WHICH I APPRECIATED. DID I NOT HEAR ANY OF THOSE

COMMENTS PRESENTED TESTIMONY GO TO THE CRITERIA LISTED. >> IN YOUR OPINION FROM AN ATTORNEY'S STANDPOINT, HAS THE APPLICANT PRESENTED A LEGAL CONFORM REQUESTING?

I JUST WANT TO MAKE SURE THAT IT IS UNDERSTOOD. >> IN MY OPINION, YES.

>> AND THE LEGAL RIGHT OF THIS PROPERTY IT HAS LAND USE AND IT HAS ZONING AND THEY CAN LEGALLY ASK FOR THIS REPLAT AS LONG AS IT'S CONFORMING, THAT IT SHOULD BE A -- I READ HERE IN OUR OWN LAND DEVELOPMENT CODE. I WANT TO READ THIS BECAUSE FROM A LEGAL STANDPOINT, THIS IS WHERE I LOOK AT IT. I LOOK AT IT FROM PRIVATE PROPERTY RIGHTS POINT OF VIEW.

5.01.03 HEREIN B, THE BOARD OF COUNTY COMMISSION SHALL DETERMINE WHETHER THE PROPOSED PLAT CONFORMS TO THE REQUIREMENTS AND STANDARDS AND STATUTES OF ST. JOHN'S LAND DEVELOPMENT CODE. YOU ADDED THIS MORNING ALTHOUGH IT'S NOT IN THIS LANGUAGE WITH REGARD TO LAND USE AS WELL. A CONFORMING PLAT SHALL BE APPROVED BY THE BOARD OF COUNTY COMMISSIONERS AND THE COUNTY ADMINISTRATOR SHALL FORTH WIDTH ISSUE THE DEVELOPMENT ORDER ALLOWING THE DEVELOPMENT TO PROCEED. THE BOARD OF COUNTY COMMISSIONERS SHALL RETURN A COPY OF NONCONFORMING PLATTS TO THE APPLAY QATION DEFFICIENCIES AND PLAT SUBMITTED FOR REAPPROVAL. THIS MORNING IN I READ THIS CORRECT -- APPLICATION -- WE HAVE GONE THROUGH THE EXERCISE TO SEE IFS ANY NONCONFORMITY AND OBVIOUSLY, THE BOARD DETERMINES THAT. AS OUR COUNCIL THAT'S WHY I ASK THE QUESTION, MY NEXT QUESTION IS THIS. IF THE BOARD DOES NOT APPROVE THIS REPLAT REQUEST, AS IT CONFORMS, DOES THAT EXPOSE US TO A LIABILITY AND RAY PROPERTY

RIGHTS ISSUE? >> MR. CHAIR, THE BOARD WOULD FIRST NEED TO IDENTIFY WHICH CRITERIA WAS A NONCONFORMS -- NONCONFORMANCE WAS. THEN AS THE SECTION THAT YOU HAD JUST READ IT PROVIDES. BASICALLY, SHALL RETURN THE COPY OF THE NONCONFORMING PLATTS WERE TERMED -- PLATS WERE FORMED AND WHERE A CORRECTED PLAT MAY BE RESUBMITED.

>> MR. CHAIRMAN, IF I COULD JUST ADD. >> YES.

>> FOR THE RECORD BRADLEY MOLTICE WITH THE COUNTY ATTORNEY.

THE LANGUAGE YOU READ FROM THE LAND DEVELOPMENT CODE IS ECHOED IN THE CASE LAW FROM THE FLORIDA

SUPREME COURT, WHICH I THINK IS WORTHWHILE TO READ HERE. >> YES, PLEASE.

>> THIS IS IN THE CASE OF BROWER COUNT -- BROWARD COUNTY. THE COURT CONCLUDES THAT THE LOCAL AGENCY MAY DENY THE APPLICATION ONLY IF THE COURT DEMONSTRATES THE APPLICANT FAILED TO MEET THE OBJECTIVE LEGAL REQUIREMENTS FOR APPROVAL, THUS FOR THE COUNTY TO PREVAIL ON REMAN. THE RECORD MUST CONTAIN EVIDENCE TO SUPPORT THE CONCLUSION THAT THE DEFENDANT FAILED IT MEET THE COUNTY'S PUBLISHED CRITERIA FOR PLAT APPROVAL.

THE REASON BEHIND THAT WE DO HAVE A FLORIDA STATUTE THAT DOES REQUIRE UNIFORM ADMINISTRATION OF THE CRITERIA AND THE SO THAT THE BOARD DOES NOT DENY OR APPROVE ON AN AD HOC BASIS BUT INSTEAD ON THE CRITERIA PROVIDED IN THE CODE. PATRICK DID, AS YOU KNOW, INCLUDE REFERENCE TO THE COMPREHENSIVE PLAN NEEDING TO BE COMPLIED WITH THAT.

[02:05:03]

I THINK THAT'S ALL FROM ME FOR NOW. THANK YOU.

>> I APPRECIATE THAT. -- REQUIREMENT. >> HE ALL THAT'S NOT MENTIONED.

IT IS MENTIONED IN 5.01.01-D AND I APPRECIATE THAT CLARIFICATION. SO I LOOK AT THIS FROM PURELY AS A LEGAL STANDPOINT THAT THE PREMISE UPON WHICH WE'RE TO MAKE SHE THIS DECISION AS A JUDICIAL BODY THIS MORNING NOT A LEGISLATIVE ONE BUT JUDICIAL ONE.

THE ONLY REMEDY THAT COULD SCOM VOL UNSTAIRY PODSING OF CERTAIN RESTRICTION THERE'S NOT TO BE MANDATED BY THIS BOARD OR THAT COULD DO END UP WITHIN ADVERSE EFFECT.

ARE THERE ANYER QUESTIONS FROM THE BOARD? >> WHY.

>> YES, SIR. >> COMMISSIONER ZMEEN I HAVE A COMMENT AT APPROPRIATE TIME.

>> YES, SIR. NOW IS NOT. >> RECOGNIZING THAT THIS PROPERTY IS IN DISTRICT TWO. I'M NOT GOING TO MAKE A MOTION EITHER WAY RIGHT NOW BUT I WANT TO EXPRESS MY POSITION JUST TO BE CLEAR. I CERTAINLY APPRECIATE MR. CHAIRMAN YOUR COMMENTS AND I'M NORMALLY 99.9% OF THE TIME WOULD PROBABLY AGREE NOT ONLY WITH YOUR QUOTEATION OF THE LAW AS IT STANDS ON THIS PROPERTY, BUT THE DECISION THAT I'M FLARING COUNCIL. HAVING SAID THAT -- HEARING FROM COUNCIL.

HAVING SAID THAT THERE ARE TIMES IN MY OPINION WHERE EQUITY MUST PREVAIL.

AND I THINK THAT THESE RESIDENTS ALL THOSE RESIDENTS, WHO HAVE LIVED IN MILL CREEK ESTATES FOR 20 YEARS, TEN YEARS, OR EVEN TWO YEARS, PURCHASED THEIR PROPERTY WITH EXPECTATIONS.

THEY HAVE PROPERTY RIGHTS. AND I'M GOING TO COME DOWN ON THE SIDE OF THOSE RESIDENTS WHO HAVE PROPERTY RIGHTS AND WHY IT'S ENJOYMENT THAT DHO HAVE, WISH AND I HOPE THE APPLICANT AND THE OTHER OWNERS WILL STILL REACH AN AGREEMENT WHICH PROVIDES THE CURRENT OWNERS AND THE APPLICANT SOME CERTAINTY THAT MILL CREEK ESTATES WILL REMAIN IN THE 5-ACRE ESTATE LOTS FOR THE FUTURE. AND I KNOW THAT THERE IS A LOT OF EMOTION ON BOTH SIDES OF THIS ISSUE. I STRUGGLED ON SEPTEMBER 1ST TO BRING TOGETHER A, QUOTE, SOLUTION, A COMPROMISE. I FAILED. SO NOW I CAN ONLY MYSELF.

I CAN ONLY VOTE THE WAY I FEEL. AGAIN, I HOPE THE APPLICANT AND HOMEOWNERS CAN REACH AN ACCEPTABLE AGREEMENT, BECAUSE I THINK THERE SHOULD BE A HOUSE FOR STACI ON THIS PROPERTY, BUT THINK THAT IT CREATES -- IT OPENS THE DOOR AND CREATES A PRECEDENT THAT I MYSELF AM NOT COMFORTABLE WITH FOR THESE HOMEOWNERS. THAT'S MY POSITION.

>> THANK YOU, COMMISSIONER. ANY OTHER QUESTIONS OR COMMENTS FROM THE BOARD?

>> MR. CHAIRMAN THIS IS COMMISSION IRBLOCKER AS WELL. MAY I SNEAK.

>> YES, SIR. THE FLOOR IS YOURS. >> THANK YOU.

I JUST WANT TO SAY AGAIN, I UNDERSTAND WHERE THE HOME OWNER IS COMING FROM AND I CERTAINLY APPRECIATE THAT THEY WANT TO SAVE FOR THEIR FAMILY SOMETHING ANY REASONABLE PERSON CAN UNDERSTAND. HOWEVER, I ALSO WANT TO POINT OUT I THINK WHAT WE'VE IDENTIFIED IN THIS CONVERSATION IS, I THINK THAT FLORIDA STATUTE HAS NOT FULLY ADDRESSED THE SOME OF THESE CONCERNS WHERE YOU HAVE AN ISSUE WHERE YOU HAVE PROPERTY OWNERS THAT HAVE PURCHASED HOMES AND BLISHGD HOMES THAT -- ESTABLISHED THEMES THEY HAVE DONE THAT ON THE PREMISE THAT THESE WOULD BE 5-ACRE LOTS, AND NOW YEARS LATER WE'RE COMING BACK TO FACE THE SITUATION.

I'M NOT SATISFIED THE WAY IT'S -- THEY ARE WRITTEN AT A TIME WHEN THEY ARE NOT -- HOPEFULLY THE LEGISLATURE AT SOME POINT -- MR. CHAIRMAN, I THINK YOU OUTLINED THE PROTECTION WITH LEGAL STANDARD IS, BUT WHAT WE HAVE TO CONSIDER. HOWEVER, I DO ALSO WANT TO POINT OUT THAT COMMISSIONER DEAN EQUITY ISSUE HERE AND THIS IS IN NO WAY A -- HOMEOWNER.

I UNDERSTAND THEY ARE DOING EXACTLY WHAT THEY WANT TO DO. >> I THINK WE HAVE TO RECOGNIZE THIS WE HAVE A NUMBER OF RESIDENTS HERE THAT PROPERTY AND THEIR PROPERTY RIGHTS ADVERSELY

[02:10:07]

SO I WANT TO SAY THIS CONCERN AND I HAVE CONCERNS ABOUT GORD THIS.

I WANT TO PUT THAT ON THE RECORD. >> THANK YOU.

ANY OTHER QUESTIONS OR COMMENTS OR DISCUSSION FROM THE BOARD? SEEING NONE I'LL ENTERTAIN A MOTION EVEN THOUGH IT'S MY DISTRICT AS CHAIRMAN I'LL NORMALLY FORFEIT THAT IN ORDER HAVE THE DESIRE OF THE BOARD MET. ANYBODY LIKE TO PUT FORTH A MOTION? IF NOT, I WILL. NOTION ADOPT RESOLUTION 2020-368. APPROVING THE FINAL PLAT FOR STACI.

A MOTION BY COMMISSIONER SMITH A SECOND BY COMMISSIONER JOHNS. ANY OTHER DISCUSSION?

>> MR. CHAIR ALTHOUGH NOTED WE HAVE PREPARED FINDINGS OF FACT IT THE BOARD WOULD LIKE TO

INCLUDE THOSE. >> YES, PLEASE. >> SO HE'LL PUT THOSE UP ON THE

BOARD. S. >> IF YOU DON'T MIND MR. VOLTICE

GO THROUGH THEM ONE BY ONE. >> YES, MR. CHAIRMAN. WE PREPARED 15 FINDINGS OF FACT FOR THE BOARD'S CONSIDERATION. IF IT'S INCLINED TO APPROVEMENT THE FIRST THAT THIS PLAT CONFORMS TO THE ROIMPLTS AND STANDARDS OF THE FLORIDA STATUTES AND LAND DEVELOPMENT CODES -- REQUIREMENTS. THAT THIS PLAT HAS BEEN SUBMITTED FOR THE DIVISION OF ONE LOT OF PREVIOUSLY PLATTED SUBDIVISION THIS. PLAT IS NOT IN CONFLICT WITH THE DENSITIES, INTENSITIES OF THE ST. JOHN'S COMPREHENSIVE PLAN. THE PARCELS CREATED BY THIS REPLAT CAN BE PROPERLY UTILIZED FOR A PERMITTED USE UNDER THE LDC AND COMPLIES WITH LOCAL, STATE AND FEDERAL REGULATIONS. ALL TAXES FOR 209 AND ALL PREVIOUS YEARS HAVE BEEN PAID.

THIS REPLAT HAS MET THE MINIMUM NOTICE REQUIREMENTS OF THE NEWSPAPER ADVERTISEMENTS AND THAT THERE IS NO HOMEOWNERS ASSOCIATION? THE LOTS CREATED BY THIS REPLAT HAVE ACCESS TO A STREET DEDICATED TO PUBLIC USE WHICH IS ACCEPTED FOR MAINTENANCE BY THE COUNTY. THERE ARE NO TITLEISH USE OR IMPEDIMENTS ASSOCIATED WITH THIS REPLAT. THE REPLAT CONFORMS TO THE REQUIREMENTS OF SECTION 177.091 FLORIDA STATUTES REGARDING PLATS MADE FOR RECORDING THIS. PLAT DOES NOT IMPLY CONVENIENT ACCESS TO THOSE CONVEYED IN THE FIRST PLAT THIS. REPLAT CONFORMS TO ALL THE APPLICATION REQUIREMENTS IN SECTION 16.03 IN THE DEVELOPMENT REVIEW MANUAL.

THIS PLAT CONFORMS TO THE ZONING REQUIREMENTS FOR OPEN ZONING THIS.

PLAT CONFORMS TO THE RESIDENTIAL LAW LINE OBJECTIVES DEVELOPMENT CODE SECTION 5.0, EXCUSE ME 5.01.01 G ARE NOT REQUIREMENTS FOR THIS REPLAT BUT INSTEAD PROVIDE GUIDANCE AND ALLOW FOR ADMINISTRATION PROGRESSION AND NO SUBSTANTIAL EVIDENCE HAS BEEN PROVIDED THAT THE APPLICANT DOES NOT MEET THE REQUIREMENTS FOR APPROVAL AND THE GENERAL STATEMENTS FOR LIKE OR DISLIKE AND SHEER NUMBER OF PERSONS DO NOT CONSTITUTE SUBSTANTIAL EVIDENCE.

THANK YOU MR. CHAIRMAN. >> THANK YOU. >> THAT WILL BE PROPOSED TO THE MOTION AS WELL. ANY DISCUSSION? SEEING NONE WE'LL PROCEED WITH

ROLL CALL. COMMISSIONER ZMEEN NO. >> COMMISSIONER BLOCKER.

>> NO. >> COMMISSIONER WALTER? YEAH.

>> COMMISSIONER JOHNS? >> YES. >> I'LL BE A YES AS WELL IT.

PASSES 3-2. THANK YOU ALL FOR YOUR PARTICIPATION.

I KNOW IT IS A DIFFICULT DECISION AND THERE ARE SOME OWE THROW ARE SOME OPTION THAT'S HAVE BEEN LAID ON THE TABLE TO REMEDY THIS IN THE FUTURE AS WELL AND PROBABLY NEED TO BE INVESTIGATED AND DEALT WITH. ALL WROIGHT NO FURTHER DELAY WE'LL MOVEENT TO AGENDA ITEM

[2. Public Hearing * PUD 2020-05 San Marcos Heights.]

IT IS AN EX PARTE ITEM AS WELL AT THIS POINT WE'LL TAKE EX PARTE DISCLOSURES.

WOULD YOU MIND GIVING YOUR EX PARTE? >> NONE.

>> COMMISSIONER BLOCKER? >> SIR, I HAVE NONE. >> COMMISSIONER WALTER?

>> NONE. >> COMMISSIONER JOHNS? >> NONE, SIR.

>> I HAVE NONE AS WELL. ALL RIGHT. ITEM NUMBER TWO.

[02:15:01]

MISS ACEVEDO. GOOD MORNING. >> GOOD MORNING SHANNON ACEVEDO WITH MATTHEWS DESIGN GROUP FOR THE RECORD THIS. IS THE SAN MARCOS HEIGHTS PUD REZONING APPLICATION. JUST TO GIVE A BRIEF INTRODUCTION OUR CLIENT IS SHAG DEVELOPMENT HERE IN SMITH AND BRETT GROWN FOR ARCHWAY MEMBERS. FOR PLANNING IS MATTHEWS DESIGN AS WELL AS ENGINEERING FOR ENVIRONMENTAL OUR CONSULT SANITY CARTER ENVIRONMENTAL SERVICES AND FOR TRANSPORTATION IT'S BUCKHOLT TRAFFIC. SO JUST TO ORIENT YOU.

THIS IS THE PROJECT SITE 15 ACRES JUST WEST OF STATE ROAD 207 AND MORE DIRECTLY ACCESSED BY ADER ROAD. IT'S NEXT TO THE DOLLAR GENERAL AND THE COMPASS RV IS TO THE SOUTH AS YOU CAN SEE, AND YOU'VE GOT SOME SINGLELY RESIDENTIAL TO THE WEST AND NORTH.

THAT POND YOU SEE JUST NORTH OF IT IS OWNED BY FDOT AND YOU'VE GOT SOME VACANT COMMERCIAL THAT RUN ALONG STATE ROUND 207. -- ROUTE 207. THIS IS OUR SET PLAN.

IT'S FOR AN AFFORDABLE HOUSING DEVELOPMENT FUND BIT CBDGR FUNDED PROJECT.

IT'S 132 APARTMENT UNITS, CLUBHOUSE AND PLAY FIELDS ARE PROVIDED AS YOU CAN KIND OF SEE IN THE GENERAL LOCATIONS AND OUR CONCEPT PLAN. WHAT WE'RE PROPOSING IS A SINGLE LOOPED ACCESS WHERE YOU WOULD HAVE ALL THE PARKING CENTRALLY LOCATED AND EFFICIENT, TYPE OF FLUID TWO-WAY BUT HAVING A LOOP THAT GOES ALL THE WAY AROUND THROUGH THE CENTER.

THIS ALLOWS US TO HAVE GENERALS BUFFERS AND SETBACKS AROUND THE PROPERTY AS WITH.

YOU CAN SEE SOME WETLANDS TO THE NORTHEAST. THAT WILL BE CONSERVATIVED.

AND THERE -- CONSERVED AND WE WILL BE PROVIDING STORM WATER RETENTION ON SITE THIS A COUPLE OF AREAS YOU SEE ON THAT PLAN. JUST TO GIVE A LITTLE BIT OF A BACKGROUND, I WON'T GO INTO TOO MUCH DETAIL, BUT ESSENTIALLY, THIS PROJECT WAS FUNDED BY CVDGR FUNDS THIS WAS PART OF THE DISASTER RELIEF THAT HAPPENED AFTER HURRICANE MATTHEW AND AS A RESULT SHOULD PROVIDED ABOUT $58.6 MILLION TO THE STATE OF FLORIDA ST. JOHN'S COUNTY BENEFITTED MORE THAN THE OTHER COUNTIES WITH THESE FUNDS THAT WERE AVAILABLE. THE DEALS TO CONSTRUCT MULTIHOUSING FAMILY REBUILDS ELEVATED BUILDINGS MORE LONG-TERM INFRASTRUCTURE IMPROVEMENTS TO HELP MITIGATE THESE DISASTER TYPE THINGS THAT CAN HAPPEN IN THE FUTURE.

PART OF THIS WAS BEING ABLE TO PROVIDE FOR AFFORDABLE HOUSING. ST. JOHN'S COUNTY WILL USE THE CBDGR FUNDS PRINCIPALLY TO BENEFIT LOW AND MODERATE INCOME PERSONS.

THAT IS WHERE 70% OF THE FUNDS AS A WHOLE WILL BE ALLOCATED AND SAN MARCOS HEIGHTS IS ONE OF THOSE PROJECTS THAT WAS APPROVED DURING CONSENT AGENDA BACK IN MARCH.

SO RIGHT NOW ZONED OPEN RURAL. YOU CAN SEE THERE IS SOME OPEN RURAL AROUND IT, AS WELL AS RS-3 TO THE NORTH. THERE ARE A COUPLE OF PUDS IN THE AREA.

YOU HAVE THE APARTMENTS JUST TO THE NORTH AND THEN SOUTH IS AGAIN, THE CAMPGROUND.

YOU ALSO IS SOME RECENT COMMERCIAL ACTIVITY WITH THE COMMERCIAL INTENSIVE AREA DIRECTLY ACROSS THE STATE IN STATE ROAD 207 RECENTLY PERMITTED FOR COMMERCIAL DEVELOPMENT. Y IT IS IN THE MIXED USE DISTRICT AS ARE SOME PROPERTY'S LONG STATE ROAD 207. YOU HAVE SOME RESIDENTIAL ON THE PERIMETER TO THE WEST AND NORTH.

AND THIS IS OUR MASTER DEVELOPMENT PLAN SUPERIMPOSED THE AERIAL JUST TO KIND OF GIVE YOU AN IDEA OF WHERE THINGS WILL FALL. THE PROPERTY ITSELF.

THERE IS 2.78 ACRES OF WETLANDS AND 12.21 DEVELOPABLE ACRES. THIS RESULTS IN 10.18 DWELLING UNITS PER NET ACRE. A 20-B BUFFER WILL BE ALONG THE NORTH AND WEST.

ALONG WITH THAT A 50-FOOT RESIDENTIAL SETBACK IS SHOWN ON THE WEST RN PERIMETER TO GIVE A LITTLE BIT MORE -- WESTERN OWE -- WESTERN PERIMETER TO GIVE A LITTLE BIT MORE OF A BUFFER.

P THERE IS MORE PROPOSED ALONG THE ENTRY. JUST TO GIVE A IDEA OF THE LAND USE COVERS THRUK SEE A LITTLE BIT BETER WHERE THOSE WETLANDS. ARE THERE IS ALSO -- THERE YOU

[02:20:06]

AND THEN THESE ARE A COUPLE OF THE TREES I MENTIONED. THIS IS COMING INTO THE SITE LOOKINGP NORTHWEST FROM THE ROAD. GETTING INTO SOME OF THE DETAILS THE PUD STANDARDS DICTATED THIS BUT SETBACK WILL BE 20 FEET FROM THE NORTH AND SOUTH.

ON THE EAST 25 FEET WHICH IS REALLY MANDATED BY THAT WETTELAND 25-FOOT BUFFER AND 25-FOOT SETBACK BEYOND. THAT ON THE WEST I MENTIONED 50 FEET.

MAXIMUM HEIGHT WILL BE 40 FEET. MAX LOT COVERAGE 65% AND THE FLOOR AREA RATIO AND ISR MATCH WHAT IS ALLOWABLE BY THE MIXED USE DISTRICT. AND THEN THE PARKING WILL BE MANDATED BY THE NUMBER OF BEDROOMS, AND THAT FOLLOWS THE LAND DEVELOPMENT CODE.

SIGNAGE WILL PROVIDE FOR ENTRANCE SIGNS AT DEER ROAD AS YOU ENTER THE PROJECT THIS.

GIVES YOU A LITTLE BIT OF AN IDEA OF WHAT IT LOCKS LIKE RIGHT NOW.

SO THAT'S THE ENTRY ROAD. -- LOOKS. FROM DEER ROAD.

THIS IS FACING THE DEVELOPMENT AS YOU COME. IN THE FOT HE ON THE LEFT IS A PICTURE OF THE EXISTING POND THAT'S ON THE SITE -- PHOTO THIS.

WILL BE SHIFTED, BUDGED A LITTLE THE NORTH, EXPANDED AND IMPROVED TO HELP SERVE THE DEVELOPMENT.

THERE WILL BE 6 FOOT SIDEWALKS THROUGHOUT THE DEVELOPMENT. ONE THING I DID WANT TO MENTION IS IT IS ADJACENT TO THE TEAL LINE AND WE HAVE BEEN WORKING WITH ST. JOHN'S COUNTY TO WORK OUT HOW THE BUS WOULD STOP AND MAKE SURE INTEREST IS SOME KIND OF PROVISION TO UTILIZE THE SUNSHINE BUS FOR THIS DEVELOPMENT ONCE IT'S CONSTRUCTED.

I WON'T GO INTO TOO MUCH DETAIL BUT I WANT TO GIVE YOU THE HIGHLIGHTS ON OUR TRAFFIC STUDY.

58 PEAK P.M. HOUR TRIPS. THIS WOULD BE A TOTAL AVERAGE WEEKDAY OF 7, 18.

NO IMPACT ON ROADWAY LINKS FALL UNDER THE BUILT CONDITIONS. AND WE'RE TALKING ABOUT STATE ROAD 207 THE SEGMENT BETWEEN WILDWOOD DRIVE TO HOMES VARD 85.6% WOULD BE THE FUTURE SURFACE VOLUME. IN OUR TRAFFIC STUDY ALTHOUGH IT CAME CLOSE WE FOUND A RIGHT TURN LANE WAS NOT WARRANTED FROM STATE ROAD 207 TO ADAIR ROAD. FDOT ALSO DOES NOT REQUIRE THE RIGHT TURN LANE BUT ST. JOHN'S COUNTY STAFF IS REVIEWING THIS MATERIAL FOR THE POTENTIAL.

THIS IS BEING FURTHER INVESTIGATED WITH THE COUNTY AND THROUGHOUT THE PERMITING PRO JESS. WE MAKE SURE WE COMPLY WITH THE TRANSPORTATION PLAN DEPARTMENT AND THE REQUIREMENTS, THE TECHNICAL REQUIREMENTS FOR ANY KIND OF OFF SITE INFRASTRUCTURE IMPROVEMENTS. THIS IS NOT AN EXACT RENDERING BUT WE WANT TO GIVE AN IDEA OF THE AESTHETICS WHAT THE CONSTRUCTION WILL LOOK LIKE WHEN IT'SS IT'S HIGH QUALITY EVEN 25% LOW TO MODERATE INCOME. AGAIN, THIS IS NOT A RENDERING FOR HAD PARTICULAR AMENTY CENTER BUT JUST TO GIVE YOU AN IDEA OF THE STYLE FOR WHAT THIS COULD LOOK LIKE WE'RE LOOKING AT APPROXIMATELY 8,000 SQUARE FEET COMMUNITY CENTER THIS. COULD BE A FLEX SPACE IT.

COULD BE USED FOR FITNESS PARTIALLY FOR LEASING, A LIBRARY AND ALSO A REFUGE DURING NATURAL DISASTERS. IN TERMS OF COMPATABILITY AINAL CIRCUMSTANCES I WANT TO GIVE YOU JUST SOME GENERAL STATS -- ANALYSIS. AS YOU CAN SEE THERE ARE SOME RESIDENTIAL AROUND YOU 15 LOTS W OAKWOOD ESTATES, THE INDIAN FOREST CAMPGROUND PUD HAS ABOUT 183 SITES AND ALSO SOME PROVISION FOR COMMERCIAL. THE COMMERCIAL DEVELOPMENT ACROSS THE STREET I MENTIONED EARLIER IS PERMITTED FOR 49,000 SQUARE FEET AND OF COURSE, YOU'VE GOT LIGHT ROAD COMARMENTS IS 256 UNITS. THIS IS A SAMPLE OF RECREATION OPERATION. -- PARNTS. I -- APARTMENTS.

I WANT TO GIVE YOU A GENERAL IDEA OF WHAT'S FLORIDA AND THIS AREA.

THERE WILL BE A MINIMUM OF 1.6 ACRES OF ACTIVE REC. SET BY THE LEVEL OFER IS ADVICE COMPREHENSIVE PLAN. AS I MENTIONED, THE AMENTY CENTER IN ADDITION TO THAT THERE

[02:25:02]

>> THANK YOU. ANY QUESTIONS FOR THE APPLICANT? ALL RIGHT.

>> MR. CHAIRMAN, I HAVE A QUESTION. >> COMMISSIONER WALDRON, PLEASE.

>> WHEN YOU TALK ABOUT BUSESS GOING TO HAVE SCHOOL BUS -- SUNSHINE.

[INAUDIBLE] >> I'M SORRY. COULD YOU REPEAT THAT?

IT GOT A LITTLE BIT BROKEN. >> I'M SORRY. ARE YOU GOING TO HAVE A BUS STOP AREA WITHIN THE DEVELOPMENT FOR THE PEOPLE HAVING TO WALK ACROSS SOMEBODY ELSE'S PROPERTY?

>> THAT'S A GOOD QUESTION. WE DID ASK THAT AND WE'RE STILL WORKING THROUGH THE DETAILS OF HOW IT WILL WORK WITH THE SUNSHINE BUS. BUT AS I UNDERSTAND IT, THE SUNSHINE BUS WILL NOT COME INTO THE PROPERTY. THEY WILL ONLY STOP ALONG STATE

ROAD 207. >> RIGHT. I BELIEVE THE QUESTION MAY HAVE

BEEN DID I HEAR A SCHOOL BUS? >> I THINK COMMISSION ARE YOU SAID BOTH CORRECT?

>> YES. >> THERE'S NO SIDE SGHUKS OH, I SEE.

SO PART OF WHAT WE'LL BE DOING IS EXTENDING SIDEWALK THROUGHOUT THE PROPERTY.

OF COURSE, WE NEED TO COORDINATE WITH THERE IS A PRIVATE PROPERTY OWNER.

SO THIS PARTICULAR SITE DOES NOT TECHNICALLY FRONT STATE ROAD 207.

SO THAT IS SOMETHING WE'LL HAVE TO WORK THROUGH, BUT CERTAINLY THE INTENSION IS THAT WE WOULD

CONNECT TO THE SIDEWALK THAT'S ALONG STATE ROAD 207. >> TALKING WITH SUNSHINE BUS.

YOU HAVE MORE OF THESE TYPES OF DEVELOPMENTS. THAT'S ALL.

>> THANK YOU COMMISSIONER WALDRON. ANY OTHER QUESTIONS OF THE APPLICANT? SO AT THIS POINT COMMISSIONER WALDRON HAS BROUGHT I KNOW HIS IS IN REGARD TO TRANSPORTATION OF BUSS, THE COA THE BUS AS WELL AS SCHOOL BUSES.

IN THE PLAN BECAUSE IT'S AN EASEMENT, IT'S NOT A RIGHT OF WAY THERE.

THERE IS NO PLAN AT THIS POINT TO HAVE A SIDEWALK CONNECTED TO THE SIDEWALK ON 207 FRONT

IMAGINE? >> YES, THERE IS A PLAN. WE NEED TO COORDINATE WITH THAT PRIVATE PROPERTY OWNER. BUT THERE IS AN EXISTING ACCESS EASEMENT THAT ALLOWS ALL PARTIES

THAT USE IT TO DATE TO CONTINUE USING IT. >> AND THIS COULD INCLUDE AND

SHOULD INCLUDE AND WILL INCLUDE A SIDEWALK? >> YES.

ALL RIGHT. ANYTHING ELSE? SEEING NONE NO PUBLIC COMMENTS.

>> PUBLIC COMMENT ON ITEM TWO? ITEM TWO. I.

>> CALL INS. ANYONE IN THE AUDIENCE? I SEE NO AUDIENCE.

>> ALL RIGHT. PUBLIC COMMENTS CLOSED. WE'RE BACK TO THE BOARD.

ANY QUESTIONS, COMMENTS? DISCUSSION? LEGAL?

>> THANK YOU, MR. CHAIR. I'M GLAD THAT MISS ACEVEDO LEFT THIS SLIDE UP TO PARTICULARLY THE PUD COMPATABILITY IN THAT THIS IS AN APPLICATION FOR 132 FORMLY -- FAMILY THAT IS PLANNED TO BE A CVG PROJECT. YOUR AGENDA ITEM TODAY IS NOT AN APPROVAL OF THE CBDG CONTRACT

[02:30:05]

IF THERE WERE ANY OTHER INPUT. BUT I GUESS WHERE I'M GOING IF THE BOARD APPROVES THIS, IT'S APPROVING AS A 132 THAT A 132 MULTI-LY PUD WOULD BE COMAT WBLET SURROUNDING AREA AS MISS

ACEVEDO PROVIDED TO THE BOARD. THANK YOU. >> THANK YOU.

>> MR. CHAIRMAN, I DON'T -- COMMISSIONER WALDRON, I DON'T KNOW IF YOU HAVE YOUR CHOIR HIMINAL IN FRONT OF YOU BUT I'D BE GLAD TO MAKE A MOTION -- HYMNAL.

>> I'LL MAKE A MOSMGHTS MORE HOUSING IS NEEDED IN THE COUNTY. PUD-2020-05.

-- MOTION. BASED ON NONFINDING. >> SECOND.

>> MOTION BY COMMISSIONER WALDRON AND SECONDED BY COMMISSIONER DEAN.

ANY FURTHER DISCUSSION? SEEING NONE WE'LL PROCEED WITH ROLL CALL THE.

COMMISSIONER DEAN SOME. >> YES. >> COMMISSIONER BLOCKER?

>> YES, SIR. >> COMMISSIONER WALTER? >> YES.

>> COMMISSIONER JOHNS? >> YES. >> I'LL BE A YES AS WELL.

THANK YOU VERY MUCH. ALL RIGHT. GOIL ON TO AGENDA ITEM NUMBER

[3. CDD AMD 2020-01 Tolomato CDD Request for the Board of County Commissioners to consider to hold an optional public hearing to amend the boundary of the Tolomato Community Development District (CDD).]

MORNING. >> GOOD MORNING. I AM KATIE BUCHANAN WITH THE LAW FIRM OF HOPPING GREEN AND SAMS HERE TO DISCUSS THE TOTAL AMOUNT OF COMMUNITY DEVELOPMENT DISTRICT BOUNDARY AMENDMENT. THE ISSUE FOR YOU TODAY IS TO WHETHER OR NOT ST. JOHN'S COUNT BOY LIKE TO CONDUCT AN OPTIONAL HEARING TO REVIEW THE PROPOSED BOUNDARY FOR THE PETITION.

SO I'D LIKE TO BRIEFLY GO OVER THE DISTRICT WITH YOU AND ITS HISTORY.

AN OVERVIEW OF THE PROPOSED UNIT AND AMEND THE BOUNDARY UNIT PROCESS.

THE DISTRICT WAS ESTABLISHED IN JULY OFP 23004. IT THEN MERGED IN 2010 AND THERE WERE TWO SUBSEQUENT BOUNDARY AMENDMENTS IN 2013 AND 2018 IN. BOTH OF THOSE INSTANCES ST.

JOHN'S COUNTY DECLINED. IT HAS 468 ACRES AND PROPOSED TO ADD 466 ACRES.

IF YOU LOOK IN THE NORTHEAST CORNER OF THE MAP THE SLIGHTLY GRADE AREA IS THE PROPOSED EXPANSION PARCEL. YOU'LL SEE IT'S ADJACENT TO THE SCICHTING BOUNDARIES.

YOU'LL SEE THE SCICHTING EXPANSION INCLUDE AND ANY PRUFL OF THE EXPANSION WILL NOT IMPACT THE VERY MUCH. THE APPROVALS IN THE PROJECT. SO WHAT DO YOU TODAY WON'T AFFECT THE DENSITY RELATED TO THAT. IT'S CONSISTENT WITH WHAT WE'VE DONE ELSEWHERE. STORMWAY, WATERWAYS. SO THAT'S A BRIEF OVERVIEW OF THE EXPANSION. GENERALLY I WANT TO EXPLAIN THE PROCESS.

OUR BOUNDARY PETITION ACTUALLY HAS TO BE APPROVED BY THE FLORIDA LAND AND WATER COMMISSION. WHAT STATUTES DO PROVIDE FOR IS AN OPPORTUNITY FOR YOU THE COUNTY COMMISSION TO DECIDE WHETHER OR NOT YOU'D LIKE TO HAVE THAT OPTION.

AT THAT TIME IT WILL ALLOW YOU WHETHER TO SUPPORT IT SO IT'S A RATHER LIMITED REVIEW.

WHAT DOES HAPPEN IS THE DISTRICT IS REQUIRED TOED ITS OWN PUBLIC HEARING AND AT THAT POINT WE WOULD PREPARE A RECORD WITH ALL THE EVIDENCE SUPPORTING THE PETITION AS WELL AS TAKE PUBLIC COMMENTS. THE DISTRICT THEN COMPILES THAT HEARING RECORD AND TRANSMITS IT FOR REVIEW AND APPROVAL. WE HAVE ALREADY SCHEDULED OUR HEARING AND THE NOTICE HAS BEEN

[02:35:04]

WHAT THE DISTRICT WILL HAVE TO ESTABLISH IS THE SAME CRITERIA YOU ESTABLISH AND THE SAME ARE ON THE SCREEN. I'M HAPPY TO ANSWER ANY QUESTIONS ABOUT THEM.

BASED ON MY EXPERIENCE WITH THEM -- CDDS IN GENERAL I'M OF THE BELIEF IT WILL MEET THE REQUIREMENTS. AND IN THIS VERY BRIEF PRESENTATION BASICALLY WE WOULD REQUEST RESPECTFULLY YOU DECLINE IT HOLD THE OPTIONAL HEARING FOR THE REASONS LAID OUT.

OUR HEARING WILL PROVIDE THE OPPORTUNITY FOR PUBLIC COMMENT THE WE'LL PROVIDE THAT RECORD TO FLWAC WHO MAKES THE DECISION. ANY QUESTIONS? I'D ALSO SAY I HAVE A REP HERE IF YOU'D LIKE IT ASK ZBHEEZ ARE THERE ANY QUESTIONS OF MISS BUCHANAN?

-- QUESTIONS. >> THANK YOU VERY MUCH. SEEING NONE WE'LL PROCEED WITH

PUBLIC COMMENT. >> ANY PUBLIC COMMENT ON ITEM THREE.

PUBLIC COMMENT ON ITEM THREE. I DON'T SEE NONE, MR. CHAIRMAN. >> PUBLIC COMMENT NOW CLOSED.

WE'RE BACK TO THE BOARD FOR ANY COMMENTS DISCUSSING, QUESTIONS. IF NOT I'LL -- INTERJECT.

>> MR. CHAIR, I THINK YOUR AGENDA ITEM PAGE DOESN'T HAVE A SUGGESTED MOTION.

I GUESS IF ANY OR THE MAKER OF A MOTION COULD GO IN WHICH DIRECTION EITHER OPTION IT HOLD

A HEARING OR NO. I COULD MAKE A QUICK MOTION. >> OKAY.

>> THIS IS MR. BLOCKER. MAY I SPEAK ON THIS MATTER? >> YES, PLEASE.

>> THANK YOU. IF I'M INTERRUPTING MY APO APOLOGIES.

THANK YOU FOR YOUR PATIENCE. I DON'T SEE ANY NEED FOR US AS A BOARD TO HAVE A HEARING MONITORING. THEY WILL BE HAPPY WITH PUBLIC MEETING SCHEDULED.

I WISH TO MAKE A MOTION TO HAVE A PUBLIC HEARING ON THIS IN LIEU OF THE DISTRICT.

>> SECOND. >> MOTION AND A SECOND. >> MR. CHAIR THAT SMOTION

SIGNIFICANT. >> I HAVE A MOTION BY MR. BLOCKER ANY MOTION BY MR. DEAN. SEEING NONE WE'LL PROCEED WITH ROLL CALL VOTE.

COMMISSIONER DEAN. >> YES. >> COMMISSIONER BLOCKER?

>> YES. >> COMMISSIONER WALTER. >> YES.

>> COMMISSIONER JOHNS. >> I'M A YES AS WELL. THANK YOU VERY MUCH.

[4. Encompass Health Rehabilitation Hospital of St. Augustine, LLC Economic Development Incentive Request.]

AGENDA NUMBER ITEM NUMBER FOUR. MISS ZU BE RER. GOOD MORNING.

>> GOOD MORNING, MISS ZUBERER. WE HAVE AN INCENTIVE REQUEST FOR ENC35S HEALTH ENCOMPASS HEALTH REHABILITATION OFFICE OF ST. AUGUSTINE AND WE'RE EXCITED TO SHARE THIS WITH YOU TODAY AS THE ECONOMIC DEVELOPMENT TEAM HAS BEEN WORKING ON THIS SBINS MAY. ENCOMPASS HEALTH PLANS TO BUILD A HOSPITAL OFFER E ON 207 LANE. IT WILL PROVIDE STROKE AND OTHER NEUROLOGICAL DISORDERS AS WELL AS ORTHOPEDIC AND CARDIAC CONDITIONS, INJURIES AND OTHER CONDITIONS.

EVENING COMPASS HEALTH OPERATES WITH THE COMMITMENT TO DELIVERING HIGH QUALITY, COST EFBLEGHTIVE AND INTEGRATED CARE IN THE COMMUNITY IT SERVES. -- EFFECTIVE.

THE PROJECT WILL BRING A TOTAL IN. OF $30 MILLION THAT AN ANNUAL SALARY. CONSTRUCTION BEGINS IN THE FIRST QUARTER OF 2021 AND IS SCHEDULED TO BE COMPLETE. HERE IS THE PROPOSED MATCH THE LOCATION OF 207 AS WELL AS A SITE PLACHBLET THE PLAN RECEIVED POINTS ON BEING A TARGET INDUSTRY.

THE FACILITY SIZE THE NUMBER OF NEW JOBS. THEREFORE UNDER THE ECONOMIC DEVELOPMENT ORDINANCE THE PROJECT IS ELIGIBLE FOR CONSIDERATION OF AN ECONOMIC

[02:40:05]

FOUR YEARS OF TAXES PAID ON CAPITAL IMPROVEMENT FOURS PAID AND THE TOTAL ESTIMATED VALVE THE INCENTIVE IS $786,305 WITH THE FIRST PAYMENT THIS 24. INCLUDED IN YOUR MATERIALS IS THE CALCULATED COST-BENEFIT ANALYSIS WHICH IS POSITIVE. IF APPROVED STAFF WILL WORK ON AN INCENTIVE DEVELOPMENT AGREEMENT ON AGENDA. AS WITH ANY AGREEMENT GRANT PAYMENTS WILL NOT BE PAID UNTIL ALL ARE MET I'LL BE HAPPY TO ANSWER ANY QUESTIONS.

JOHN WILES OF CORPORATE DEVELOPMENT WITH COMPASS HEALTH IS ON THE LINE AND HE CAN ANSWER

ANY QUESTIONS AS WELL. THANK YOU. >> THANK YOU, MISS ZUBERER.

ANY QUESTIONS FROM STAFF? ANY QUESTIONS FOR JOHN? GHELS.

>> WELLS. >> WELLS ON THE LINE. SEEING NONE WE'LL PROCEED WITH

PUBLIC COMMENT. COMMISSIONER DEAN? >> ANY PUBLIC COMMENT ON ITEM FOUR. PUBLIC COMMENT ON ITEM FOUR. I SEE NONE.

>> PUBLIC COMMENT NOW CLOSED. WE GO BACK TO THE BOARD. ANY DISCUSSION OF COMMENTS OSH QUESTIONS. -- OR QUESTIONS. SEEING NONE, THIS IS DISTRICT

NUMBER THREE COMMISSIONER WALTER. >> THANK YOU.

COUNTY ATTORNEY ECONOMIC -- [INAUDIBLE] FOR ENCOMPASS HEALTH PATIENT HOSPITAL LLC 47,700 SQUARE FOOT REHABILITATION HOSPITAL -- [INAUDIBLE]

AT A LATER SCHEDULED MEETING. >> SECOND MOTION BACK TO MR. WALTERS, MR. DEAN? ANY OTHER DISCUSSION? SEEING NONE WE'LL PROCEED WITH ROLL CALL VOTE.

COMMISSIONER DEAN. >> YES. >> COMMISSIONER BLOCKER?

>> YES. >> COMMISSIONER WALTERS. >> YES.

>> COMMISSIONER JOHNS. >> YES. >> I'LL BE A YES AS WELL.

THANK YOU VERY MUCH. >> THANK YOU. >> CONGRATULATIONS, MR. WELLS.

[5. Consider appointments to the Industrial Development Authority.]

AGENDA ITEM NUMBER FIVE MRS. LUNDQUIST. >> GOOD AFTERNOON, COMMISSIONERS. MELISSA LUNDQUIST BOARD OF COUNTY COMMISSIONERS.

ITEM NUMBER FIVE FOR YOU TODAY IS TO CONSIDER APPOINTMENTS TO THE INDUSTRIAL DEVELOPMENT AUTHORITY. THERE ARE TWO VACANCIES ON THIS BOARD.

THEY ARE DUE TO EXPIRED TERMS. THAT OF MR. HELLWIG AND THEY WERE ADVERTISED FOR A-WEEK SPAN ON SEPTEMBER 7TH. WE RECEIVED TWO APPLICATIONS THAT OF PLSM HELWI AND KEVIN KENNEDY. BLUE TODAY IS TO CONSIDER THOSE TWO APPLICATIONS ALONG WITH A LETTER FROM THE INDUSTRIAL DEVELOPMENT RECOMMENDING THESE TWO GENTLEMEN.

SO YOUR MOTIONS ARE THAT AND ARE THERE ANY QUESTIONS OF ME I'M HAPPY TO ANSWER.

>> ANY QUESTIONS FROM STAFF? THANK YOU VERY MUCH. SEEING NONE, WE'LL PURSUE TO

PUBLIC COMMENT. COMMISSIONER? >> ANY PUBLIC COMMENT ON ITEM FIVE? PUBLIC COMMENT, ITEM FIVE. SEEING NONE, BACK TO THE

CHAIRMAN. >> ALL RIGHT. WE'RE BACK TO THE BOARD.

ARE THERE ANY QUESTIONS OR COMMENTS IF NOT I'LL MAKE IT A MOTION.

I DO SERVE AS THE BOARD LIAISON FOR THE IDA. I JUST WANT TO SAY THAT JOSEPH ROWELERS DID NOT SUBMIT HIS APPLAY CASMGHTS I JUST WANT TO SAY I APPRECIATE HIS SERVICE ON THIS AUTHORITY -- APPLICATION. LIKEWISE MR. HELWIG AND HIS SERVICE ON THIS COMMIT TEAM.

THEY HAVE DONE A ADMIRABLE JOB BOTH OF THEM AND I WANT TO THANK THEM FOR THEIR SERVICE.

I WANT TO THANK VIV HELWIG FOR HIS CONTINUED SERVICE. I WOULD LIKE IT MOVE THESE AS TWO SEPARATE MOTIONS. NOTION REAPPOINT VIF HE LWIG TO THE INDUSTRIAL DEVELOPMENT

AUTHORITY FOR A FULL TERM TO EXPIRE OCTOBER 1 20, 24. >> SNEAKED MOTION BY COMMISSIONER SMITH. A SECOND BY COMIRTION DEAN. ANY DISCUSSION? SEEING NONE WE CAN PROCEED WITH THE ROLL CALL VOTE. COMMISSIONER DEAN.

>> YES. >> COMMISSIONER BLOCKER. >> YES.

>> COMMISSIONER WALDRON. >> YES. >> COMMISSIONER JOHNS?

[02:45:04]

>> YES. >> I'LL BE A YES AS WELL. I'LL PROCEED THE SECOND MOTION, MOTION TO APPOINT KEVIN KENNEDY TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR A FULL FOUR-YEAR

TERM SCHEDULED TO EXPIRE OCTOBER 1, 2024. >> SO MOVED.

>> MOTION BY COMMISSIONER SMITH SECOND BY COMMISSIONER JOHNS. ANY DISCUSSION MANY SEEING NONE WE'LL PROCEED WITH ROLL CALL VOTE. COMMISSIONER DEAN SOME.

>> YES. >> COMMISSIONER BLOCKER? >> YES.

>> COMMISSIONER WALDRON. >> YES. >> COMMISSIONER JOHNS.

>> YES. >> I'LL BE A YES AS WELL. THANK YOU.

[6. Consider an appointment to the Cultural Resource Review Board.]

MRS. LUNDQUIST. >> COMMISSIONERS AGENDA ITEM NUMBER SIX BEFORE YOU IS TO CONSIDER AN APPOINTMENT TO THE CULTURAL RESOURCE REVIEW BOARD. CURRENTLY THERE IS ONE VACANCY ON THIS BOARD IT'S FOR AN AT-LARGE ALTERNATE SEAT. THE VACANCY WAS ADVERTISED FOR A FOUR-WEEK SPAN FROM MAY 28 TO JUNE 29TH OF THIS YEAR. APPOINTEES ARE TO BE QUALIFIED THROUGH THE DEMONSTRATION OF SPECIAL INTEREST, EXPERIENCE OR EDUCATION IN THE PRESERVATION OF CULTURAL RESOURCES, AND WHEN POSSIBLE HAVE PRACTICAL AND PROFESSIONAL EXPERIENCE IN ONE OF THE MOST FOR FIELDS. ARCHAEOLOGY, ARCHITECTURE OR ARCHITECTURAL HISTORY, CUREATION OR CONSERVATION, PLANNING, PROFESSIONAL ENGINEERING, REAL ESTATE, HISTORY, HISTORIC PRESERVATION OR RELATED DISCIPLINES. WE DID WITH THIS ADVERTISEMENT WE DID RECEIVE ONLY ONE APPLICATION THAT WAS MOVED FORWARD WITH THE CULTURAL RESOURCES BOARD AND THEY DID MAKE A RECOMMENDATION FOR THAT APPLICATION.

FOR THAT APPLICANT MISS NANCY DERRY. THEY DID NOTE HER EXPENSIVE BACKGROUND, THAT ONLY EXPERIENCE -- MOCK, THAT HER ONLY EXPERIENCE PRESERVATION ON THE APPLAY SCATION THAT THE CHAIR OF THE CULTURAL ENRICHMENT FUND BOARD.

I TOOK THE TIME TO READ TO YOU -- APPLICATION -- WHAT THE QUALIFICATIONS WERE BECAUSE IF YOU'LL NOTE THAT IT WAS SPECIAL INTEREST EXPERIENCE FOR EXPERIENCE FOR PRESERVATION CULTURAL RESOURCES AND WHEN POSSIBLE PRACTICAL SPECIAL EXPERIENCE I READ OUT TO YOU.

DO YOU HAVE THE OPTION TO READVERTISE IF YOU SO DESIRE SO I JUST WANT TO POINT THAT OUT.

I'LL BE HAPPY TO ANSWER ANY ZBHEEZ ANY QUESTIONS FROM THE BOARD AND STAFF.

SEEING NONE, WE'LL PROCEED WITH PUBLIC COMMENT. COMMISSIONER DEAN?

>> PUBLIC COMMENT ON ITEM SIX? SEEING NONE. >> ALL RIGHT.

WE'RE BACK TO THE BOARD. I'LL ENTERTAIN A MOTION. >> I'LL MOVE.

>> GO AHEAD COMMISSIONER BLOCKER. >> I'M SORRY.

I DIDN'T MEAN TO TALK OVER YOU, MR. DEAN. I WAS JUST GOING TO SAY I THINK MRS. MOCK HAS DONE AN OUTSTANDING JOB IN OUR COMMUNITY.

I'VE HAD THE OPPORTUNITY TO WORK WITH HER THROUGH LEADERSHIP IN ST. JOHN'S, AND I THINK THAT THE EXPERIENCE AND THE QUALITY SHE BRINGS IMPECCABLE SO I WANT TO GIVE HER MY STRONGEST

ENDORSEMENT AND MAKE A MOTION IT APPOINT HER TO THIS BOARD. >> ALL RIGHT WITH.

THAT TERM SCHEDULED IT EXPIRE AUGUST 20TH OF 2023. COMMISSIONER?

>> YES. I HAVE A MOTION BY COMMISSIONER BLOCKER.

DO I HAVE A SNEAKED SECOND. >> SECOND BY COMMISSIONER DEAN. >> ANY DISCUSSION MANY SEEING NONE WE'LL PROCEED WITH ROLL CALL VOTE. COMMISSIONER DEAN.

>> YES. >> COMMISSIONER BLOCKER. >> YES, SIR.

>> COMMISSIONER WALDRON. >> YES. >> COMMISSIONER JONES.

>> YES. >> I'LL BE A YES AS WELL. CONGRATULATIONS.

[Additional Item]

SEVENTY. >> BRADLEY BALTIC HE WITH THE COUNTY ATTORNEY.

>> ALSO FOR FOLKS WAS PRESENTED IN E-MAIL. >> YES MR. CHAIRMAN I HAVE COPIES I'M GOING TO SHARE ON THE OVERHEAD SO THE VIEWING PUBLIC CAN VIEW AS WELL.

AS I BELIEVE IT SBOORD AWARE OF ADVANCED WASTE MANAGEMENT HAVE AGREED TO A MERGER WHICH IS SCHEDULED TO CLOSE, WAS SCHEDULED CLOSE AT THE END OF THE THIRD QUARTER THIS YEAR.

MY UNDERSTANDING IS THAT IT'S STILL IMMINENT. THE CLOSURE IS STILL IMMINENT.

PURSUANT TO ST. JOHN'S COUNTY'S FRANCHISE AGREEMENT WITH ADVANCED DISPOSAL.

THE BOARD OF COUNTY COMMISSIONERS IS REQUIRED TO APPROVE ANY OR PROVIDE CONSENT TO ANY CHANGE IN THE OWNERSHIP OF THE INTEREST UNDER THE FRANCHISE AGREEMENT INCLUDING WITH THE RED FOLDER ITEM SHOULD BE A RESOLUTION AS WELL AS A DRAFT CONSENT AS WELL AS THE BOARD'S CONSIDERATION. ON THE OVERHEAD IS THE ENTIRETY OF THE CURRENT CONSENT.

THE BOARD SHOULD HAVE RECEIVED A REVISED CONSENT AND I'LL JUST DRAW YOUR ATTENTION TO THE

[02:50:06]

WHO WOULD THEY BE DEALING WITH. SO WE DID INCLUDE SOME ADDITIONAL LANGUAGE MAKING CLEAR THAT ADVANCE AT LEAST FOR THE TIME BEING WOULD BE THE ONES PROVIDING THER IS VISIONS UNDER THE FRANCHISE AGREEMENT, AND WOULD BE OUR CONTACT PERSON AS WELL AS LEGAL NOTICES WOULD STILL BE DEALING WITH ADVANCE. IF THAT DOES CHANGE AND IT DOES SHIFT TO DIRECT OWNERSHIP AND OPERATION BY WASTE MANAGEMENT THERE MAY BE A REQUIREMENT FOR THEM TO PROCEED CONSENT FOR THAT AS WELL, BECAUSE THE LANGUAGE OF THE FRANCHISE AGREEMENT DOES PROVIDE IF THERE'S A CHANGE IN THE OPERATION MANAGEMENT OF THE COMPANY THAT THAT WOULD BE CONSIDERED A REQUIREMENT FOR QUICK CONSIDER. PARDON ME WORKS CONSIDER REQUIRING THE BOARD'S CONSENT FOR THAT CHANGE. I'M HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

>> ANY QUESTIONS FLOOR BALTAXE FROM THE BOARD? ALL RIGHT -- FOR MR. BALTAXE.

WE'LL PROCEED WITH PUBLIC COMMENT. >> PUBLIC COMMENT ON ITEM SEVEN?

>> GOOD MORNING. >> GOOD MORNING. >> GOOD MORNING.

FOR THE RECORD GREG HUNTING ON IT ADVANCED DISPOSAL. I'M OFFICED OUT OF 580 PHILLIPS HIGHWAY. YEAH, JUST TO GIVE AN UPDATE ON WHERE THE ACQUISITION.

IS IT WAS ANNOUNCED BACK IN APRIL OF 2019 AND IT'S BEEN UP FOR 18 MONTHS.

LARGEST ACQUISITION IN OUR INDUSTRY. IT'S LIKE A $5 BILLION DEAL.

SO YES, THE INTENTION WAS THAT IT WOULD CLOSE BY THE END OF SEPTEMBER.

I GOT WORD LAST WEEK AND FORGIVE ME FOR NOT KNOWING THE EXACT STATE BUT I WAS TOLD THE DOJ WOULD GIVE THEIR APPROVAL AND TEN DAYS TO GO TO THE FINAL APPROVAL.

IT WOULD BE NO LATER THAN OCTOBER 15TH. OF COURSE, WE'VE ALWAYS APPRECIATED THE PARTNERSHIP WE'VE SHARED. THAT WON'T CHANGE.

THE CONTACT INFORMATION HAS BEEN UPDATED. I'LL STILL BE IN THIS POSITION AND Y'ALL KNOW HOW TO GET IN TOUCH WITH ME. SO THANK YOU.

>> FURTHER PUBLIC COMMENT ON ITEM SEVEN? ITEM SEVEN.

NONES SEEING NONE, BACK TO THE BOARD. >> MR. CHAIRMAN, I APOLOGIZE FOR INTERRUPTING. THE RED FOLDER DID NOT INCLUDE A MOTION FOR THE BOARD'S CRRKS BUT MY RECOMMENDED MOTION WOULD TO BE ADOPT RESOLUTION 2020 -- BOARD'S CONSIDERATION -- AND THE FOLLOWING NUMBER, APPROVING THE CONSENT TO ADS SLASH WM MERGER AUTHORIZE THE COUNTY DESIGNATED

NEED TO EXECUTE CONSENT ON BEHALF OF THE COUNTY. >> ANYBODY WISH TO MOVE THAT?

>> MAKE A MOTION TO APPROVE AS RECOMMENDED. >> WHAT'S THE NUMBER?

>> 369. 2020-369. >> ALL RIGHT.

DO I HAVE A SECOND? >> SNEAKED I HAVE A MOTION BY COMMISSIONER JOHNS SECOND BY COMMISSIONER BLOCKER. ANY DISCUSSION -- SEEING NONE WE'LL PROCEED WITH ROLL CALL

VOTE. COMMISSIONER DEAN. >> YES.

>> COMMISSIONER BLOCKER. >> YES, SIR. >> COMMISSIONER WALTER.

>> YES. >> COMMISSIONER JOHNS. >> YES.

I'LL BE AS WITH. THANK YOU VERY MUCH. ALL RIGHT.

[Reports]

COMMISSIONER COMMENTS. COMMISSIONER DEAN. >> I'LL BE BRIEF, BUT YOU MAY HAVE NOTICED THIS MORNING THAT MISS BADGER WAS NOT HERE TO JOIN US.

AND PROBABLY THE REASON FOR THAT IS THAT ONE OF OUR MOST RECENT MEETINGS IF YOU RECALL, I ASKED STAFF IT MEET WITH ME AND MISS BADGER AND THEY HAD I THINK A VERY PRODUCTIVE DISCUSSION.

THEY ARE CONTINUING -- THE STAFF IS TO PROVIDE HER WITH ADDITIONAL INFORMATION AND ACTUALLY I THINK WITH BRAD'S TUTELAGE THEY ARE LOOKING AT ADDITIONAL QUESTIONS THAT WERE NOT RAISED UNTIL THAT MEETING WE HAD WITH MISS BADGER. SO I HOPE THAT THERE CAN BE A SUCCESSFUL INTERACTION WITH HER TO ANSWER HER VERY PERTINENT QUESTIONS AND DO THE BEST THEY CAN. SO THAT'S A WORK IN PROGRESS, MR. CHAIR.

>> THANK YOU COMMISSIONER. I APPRECIATE YOU ADDRESSING THAT.

THAT IS VERY HELPFUL AND THOUGHTFUL. >> THAT'S ALL I HAVE?

THANK YOU, COMMISSIONER DEAN. COMMISSIONER BLOCKER? >> THANK YOU, MR. CHAIR.

I JUST WANT TO HIGHLIGHT THIS -- BREAST CANCER AWARENESS MONTH. THIS IS IMPORTANT.

WE HAVE SO MANY WOMEN IN OUR COMMUNITY AND THRAEDS HAVEMENT -- LADIES THAT HAVE STRUGGLED

[02:55:04]

OUR COMMUNITY. THAT'S ALL I HAVE TO SAY. >> THANK YOU, COMMISSIONER BLOCKER. THANK YOU FOR MAKING THAT AWARENESS.

>> NOTHING. >> THANK YOU VERY MUCH FOR CALLING IN TODAY.

GOOD TO HEAR YOU AGAIN. >> I HOPE THAT HOPEFULLY WILL I STILL APPRECIATE IT YOUR

PRAYERS. >> AMEN. >> WE'RE ALL LOOK FORWARD TO ALL

HAVING YOU BACK HERE IN PERSON. >> COMMISSIONER JOHNS? ALL RIGHT YOU.

PROCEED -- ALL RIGHTY. PROCEED TO MY ADDRESS THIS MORNING.

LET'S SEE FICK FIND MY PAPERS. -- LET'S SEE IF I CAN FIND MY PAPERS.

THE GROUND IS WET AND SATURATED NONETHELESS, GROUND PREPARATION FOR FUTURE PLANNING CONTINUES.

SOME SQUASH HAS BEEN AND IS BEING HARVESTED. THE GREATEST ISSUE STILL FACING THE ASSISTAL COMMUNITY RIGHT NOW IS THE UNACCEPTABLE FERTILIZER RECOMMENDATIONS.

THIS MUST BE ROOM INDEED AND WE HAVE HAD SEVERAL DISCUSSIONS I SPOKE WITH VICE PRESIDENT DR. SCOTT ANGLE ON TUESDAY A WEEK AGO AND HAD A VERY POSITIVE INTERWHACKS HIM IN REGARDS TO THIS AS WELL. SO LOOKING FORWARD TO SOME POSITIVE THINGS COMING FRORD IT.

I'D LIKE -- FORWARD FROM IT. I'D LIKE TO, AS THE CHAIRMAN OF THIS BOARD, WE HAVE HAD A DUTY AND A RESPONSIBILITY TO REVIEW AND EVALUATE HIS PERFORMANCE. EACH OF THESE WENT OUT TO EACH BOARD MEMBER AND THAT REVIEW ANDEE VALUES NEEDS SOME ADDRESS. NOW I WANT TO READ IT IN REGARD TO THE CONTRACT AND ESPECIALLY IN REGARD IT MY RESPONSIBILITY AS CHAIRMAN OF THIS BOARD.

ARTICLE 12 OR ARTICLE 12 REVIEW ONE EVALUATION FOR THE EFFECTIVE TERM OF THIS AGREEMENT AT LEAST ONCE EACH FISCAL YEAR BETWEEN AUGUST 1ST AND SEPTEMBER 30TH. THE BOARD MAY REVIEW AND EVALUATE THE COUNTY ATTORNEY'S PERFORMANCE. AT BOARD'S DISCRETION SET TO REVIEW AN EVALUATION MAY BE CONDUCTED FORMALLY OR BY THE PUBLIC MEETING OR INFORMALLY BY THE BOARD CHAIRMAN. THE REVIEWEE VALUE WALTION ASSESS THE COUNTY PERFORMANCE OF ALL DUTIES -- EVALUATION -- IN THE POWERS UNDER THIS AGREEMENT DURING THE AGREEMENT IMMEDIATELY PROCEEDING 12-MONTH PERIOD BASED UPON SUCH REVIEW AND EVALUATION THE BOARD MAY INCREASE THE COUNTY ATTORNEY BASE SALARY AND OTHER OTHER BENEFITS BY SUCH AMOUNTS IN TO SUCH AN HE EXTENT THE BOARD SOLE DISCRETION BEING DESIRABLE. WITHIN 60 DAYS OF THE REVIEW EVALUATION THE BOARD CHAIR WILL PROVIDE THE COUNTY ATTORNEY WITH THE WRITTEN FINDINGS IN THE EVENT THE BOARD DOES NOT FIND THE REVIEW AND EVALUATION OF ANY GIVEN YEAR OR YEARS DURING THE EFFECT I HAVE TERM OF THIS AGREEMENT, SUCH EVENT SHALL NOT CONSTITUTE A BREACH OF THIS AGREEMENT. ADDITIONALLY THE EVENT THE BOARD DOES NOT CONDUCT A REVIEW AND EVALUATION DURING ANY FISCAL YEAR COUNTY ATTORNEY'S ANNUAL BASE SALARY WILL BE INCREASED TO THE SAME PERCENTAGE IT NONUNION COUNTY EMPLOYEES DURING THAT FISCAL YEAR.

I'M IMPRESSED TO SAY IT'S NOT MY DESIRE TO IGNORE OR ADDRESS THE FINDINGS BUT I'M ASKING THE MEMBERS OF THIS BOARD TO EITHER ONE DISCUSS THIS MATTER TODAY. OR DISCUSS OR VALUE REVIEW TO FULFILL MY OBLIGATION PROVIDING A WRITTEN SUMMARY. I MET WITH MR. MCCORMACK PERSONALLY TO VIED THE COMMENTS TO RECEIVE COMMISSIONER BLOCKER'S EVALUATION FORM.

I JUST WANT TO ASK THE OTHER MEMBERS HOW WOULD YOU LIKE TO PROCEED.

[03:00:01]

I DON'T THINK THAT IS WHAT I WOULD CONSIDER AN EXTREME NEGATIVE CRITIQUE. IT'S JUST MY WISH AND MY INTER PERSONAL RELATIONSHIPS WITH MY ATTORNEY AND I'VE BEEN INCLINED ALONG WITH FELLOW COMMISSIONERS ASKING HIM TO BE MORE CONCISE AND EFFICIENT WITH BOTH HIS TIME AND MINE WHEN WE HAVE BRIEFINGS AND IF I HAVE A QUESTION I'LL ASK IT.

I THOUGHT THAT WAS IMPORTANT TO PUT ON THE RECORD.

OTHER THAN THAT I DON'T HAVE ANY CRITICISM OR SUGGESTIONS.

I SAID IN PREVIOUS REVIEWS THAT HIS LEGAL ADVICE HAS BEEN ON POINT AND TIMELY AND I HAVE NO CRITICISM OR CONSTRUCTIVE

CRITICISM. >> PATRICK AND I REGULARLY TALK ABOUT -- WHATEVER ITEMS MAY BE THE DISCUSSION OF THE DAY.

NOT NECESSARILY A FORMAL EVALUATION BUT I WOULD BE GLAD

TO HAVE THAT CONVERSATION. >> COMMISSIONER WALTER.

>> MR. CHAIR. >> THANK YOU VERY MUCH.

THAT GIVES ME SOME DIRECTION. THE LAST THING I WOULD LIKE TO ADDRESS BEFORE I MOVE ALONG TODAY I WOULD LIKE TO MOVE TO RESCIND THE FACE MASK REQUIREMENT IN COUNTY FACILITIES AND IF I GET A SECOND WE CAN DISCUSS.

IF NOT I WILL NOT OFFER DISCUSSION.

I HAVE A MOTION BY COMMISSIONER SMITH AND A SECOND BY COMMISSIONER JOHNS. ANY DISCUSSION? ALL RIGHT. WE OFFER IT UP FOR PUBLIC COMMENT. COMMISSIONER DEAN.

>> PUBLIC COMMENT ON THAT MOTION TO RESCIND THE FACE MASK MANDATORY REQUIREMENT IN COUNTY FACILITIES.

YES, MA'AM. >> GOOD AFTERNOON.

>> -- GLAD I STAYED. I'M GLAD I STAYED.

VERY INTERESTING. I'M FOR THAT.

NOW MR. WALDRON IS NOT GOING TO VOTE.

IT'S GOING TO BE A 2-2 LIKE IT ALWAYS IS.

THIS NEEDS TO BE DONE AND WE'RE ADULTS AND IF YOU HAVE GOT MEDICAL PROBLEMS THEN YOU NEED TO COVER UP.

AND IF YOU DON'T YOU STAY SIX FEET AWAY AND DON'T TOUCH ANYBODY WHAT EVER HAPPENS. WASH YOUR HANDS.

YOUR MOMS TOLD YOU THAT. THIS IS OLD STUFF.

SO I'M GLAD TO HEAR THAT. SO LET'S SEE WHAT THE VOTE IS GOING TO BE. THANK YOU.

>> ANY OTHER PUBLIC COMMENT? NO CALLS?

NO ONE ELSE FROM THE PUBLIC. >> THE PUBLIC COMMENT NOW CLOSED. WE'RE BACK TO THE BOARD.

ANY DISCUSSION? >> WE'LL PROCEED.

>> COMMISSIONER DEAN. >> NO.

--

>> MR. CHAIRMAN, THIS IS MR. BLOCKER.

CAN I JUST RAISE THE POINT OF ORDER.

>> YES. >> MR. CHAIRMAN MY APOLOGIES I DIDN'T REALIZE THIS WAS GOING TO COME UP TODAY BUT I WANT TO GO BACK WITH A BRIEF CONVERSATION ABOUT THE TRANSFER OF EMPLOYEES.

MR. MCCORMICK AND OUR COUNTY ADMINISTRATOR MR. CONRAD WOULD IT BE APPROPRIATE FOR ME TO ADDRESS THAT IF I MAY COMMENT,

SIR. >> THE FLOOR IS YOURS.

>> THANK YOU. I JUST WANT TO FOCUS OUR ATTENTION. I BELIEVE OUR COUNTY ADMINISTRATORS CONTACT THERE IS A PROVISION TO END ANY KIND OF -- HAS TO BE VOTED ON BY THE BOARD.

I'VE BECOME AWARE THAT THERE IS A.

[03:05:06]

I BELIEVE BASED ON -- WE AS COMMISSIONERS HAVE RECEIVED A COST-OF-LIVING INCREASE AND I JUST WANT TO ADDRESS THAT BECAUSE I DON'T THINK THAT IS WHAT HAPPENED WITH MR. CONRAD.

I THINK THESE ARE DIFFICULT TIMES FOR EVERYBODY.

BUT IF WE AS COMMISSIONERS GOT A COST-OF-LIVING INCREASE I WOULD LIKE TO BRING IT UP THAT I THINK MR. CONRAD HAS CERTAINLY DO THAT AS WELL. SO I WANT TO BRING THAT TO ATTENTION AND SEE IF ANYONE ELSE AGREES THAT THAT IS SOMETHING

THAT WE CAN ACT ON. >> ANY OTHER COMMENTS FROM THE

BOARD? >> ON THAT BOARD I WOULD AGREE WITH COMMISSIONER BLOCKER TO INCLUDE HUNTER CONRAD AND THE COST-OF-LIVING ADJUSTMENT INCREASE AND I WILL BE PREPARED

TO MAKE A MOTION. >> IT'S UP TO YOU.

>> I'D LIKE TO MAKE A MOTION. >> WE HAVE A MOTION FROM COMMISSIONER DEAN. DO I HAVE A SECOND?

>> I HAVE A SECOND BY COMMISSIONER BLOCKER.

WHAT WOULD THAT EQUATE TO DOLLARS WISE?

>> MR. CHAIRMAN, THIS IS MR. BLOCKER AGAIN.

I THINK THERE WAS A PERCENTAGE ACROSS THE BOARD.

EVERYONE IN COUNTY GOVERNMENT RECEIVED THAT.

I DON'T KNOW WHAT THAT PERCENTAGE IS.

WHAT I THINK JUST -- DIRECT WHATEVER THAT PERCENTAGE WAS.

AND THIS IS A COST-OF-LIVING. VERY SPECIFIC SO WHATEVER THAT

PERCENTAGE IS. >> DOES ANYBODY KNOW WHAT THAT PERCENTAGE IS AND WHAT THE BOTTOM LINE WOULD BE?

>> 2.5%. ALL RIGHT.

SO WE HAVE A MOTION AND A SECOND.

ANY DISCUSSION? THEN COMMISSIONER BLOCKER GOING BACK YOU HAD A POINT OF ORDER. WHAT WAS THE POINT OF ORDER EARLIER? WAS I OUT OF LINE MOVING FORWARD? IS THAT YOUR CONCERN?

>> NOT AT ALL. I WANTED -- I WAS TRYING TO SPEAK EARLIER AND I COULDN'T UP MUTE MY PHONE QUICK ENOUGH.

>> I JUST WANT TO MAKE SURE I WAS NOT OUT OF LINE PROCEDURALLY BECAUSE THAT IS WHAT YOU CALL A APPOINTMENT -- POINT OF ORDER.

>> I'M AWARE. A POINT OF ORDER FOR ME BECAUSE I WAS NOT ABLE TO BRING IT TO YOUR ATTENTION THROUGH THE REMOTE MEANS AS QUICK AS I WANTED TO.

>> UNDERSTAND. SO WE HAVE A MOTION AND A SECOND. ANY DISCUSSION? WE'LL PROCEED WITH A ROLL CALL VOTE.

MR. CONRAD AND I DON'T FEEL IT'S APPROPRIATE TO AT THIS TIME BUT NONETHELESS THANK YOU VERY MUCH. NOW CAN WE PROCEED?

ANYTHING ELSE? >> NO, SIR.

>> ALL RIGHT. ADMINISTRATION?

>> NO, SIR. >> COUNTY ATTORNEY'S OFFICE.

>> THANK YOU. ORIGINALLY I DID NOT HAVE A COUNTY ATTORNEY REPORT BUT FIRST OF ALL I'M GOING TO FOLLOW COMMISSIONER DEAN'S DIRECTION. HOWEVER WITH AGENDA ITEM NUMBER ONE THERE WAS OBVIOUSLY QUITE A BIT OF PUBLIC INPUT.

I THINK VERY STRONG, VERY WELL SAID AND GENUINE.

HOWEVER, THERE IS THE COUNTY, THE STATE LAW, THE COMP PLAN AND THE LDC. AND AS THE BOARD KNOWS IF IN COMPLIANCE A PLATTE MUST BE APPROVED BUT AS MS. BISHOP HAD COME UP IN PART FROM THE BOARD'S QUESTIONS THAT DOES NOT MEAN THAT POTENTIALLY THE COMP PLAN OR THE LDC COULD NOT BE CHANGE.

IN SOME REWARD TO POTENTIALLY RECOGNIZE SOME TRADITIONAL NEIGHBORHOODS OR SOME SPECIAL ASPECT OF A COMMUNITY.

IN THE VALONO AREA I BELIEVE, I DON'T THINK MS. BISHOP IS HERE BUT I BELIEVE THE COUNTY COMPREHENSIVE PLAN AND LDC WERE MODIFIED TO CREATE A VALONO TOWN BEACH CENTER BECAUSE OF A

[03:10:05]

SO THAT COULD BE A POSSIBILITY. AND IF THE BOARD WERE EITHER AT THIS MEETING OR FUTURE MEETING SORT OF DIRECT THE COUNTY'S PROFESSIONAL'S STAFF AND THE COUNTY ATTORNEY'S OFFICE TO POTENTIALLY EXPLORE SOME TYPE OF LANGUAGE WHICH MIGHT PROTECT SOME OF THE TRADITIONAL COMMUNITIES THAT IS SOMETHING WE COULD CERTAINLY LOOK AT AND BRING BACK THE OPTIONS TO THE BOARD. OBVIOUSLY AS A CAVEATS A BRIEF CAVEATS ANYTHING DONE THAT WAY WOULD HAVE TO TAKE INTO EFFECT PRIVATE PROPERTY RIGHTS ETC. AS ONE OF THE CRITERIA BUT I JUST WANTED TO OFFER THAT OUT TO THE BOARD MR. CHAIR.

>> I THINK THAT IS A REASONABLE APPROACH TO SOME OF THE REQUESTS THAT WERE MADE TODAY IS TO INVESTIGATE AN OVERLAY.

WAS THE -- WHAT IS THE REST OF THE BOARD'S DESIRE.

>> I CERTAINLY AGREE. >> IT CAN BE LOOKED INTO.

COMMISSIONER BLOCKER? >> I CERTAINLY AGREE.

THAT IS SOMETHING THAT WE CAN LOOK INTO.

I APPRECIATE OUR COUNTY ATTORNEY.

ONE OF THE CHALLENGES GOING FORWARD AS WE'RE GROWING -- THE EARLY DEVELOPMENT CODE.

FAVOR OF THAT. >> WE HAVE DIRECTION FROM THE BOARD FOR STAFF AND FOR COUNTY ATTORNEY'S OFFICE TO LOOK INTO AN OVERLAY FOR MILL CREEK ESTATES.

>> AND I WOULD SAY POTENTIALLY THERE ARE -- THERE IS AT LEAST ONE OTHER COMMUNITY LIKE THAT. PERHAPS MILL CREEK ESTATES COULD BE ONE AND IF THAT WERE A SUCCESSFUL EFFORT THAT COULD BE

USED IN ANOTHER LOCATION. >> THANK YOU.

ANYTHING ELSE TO COME BEFORE THIS BOARD.

ALL HEARTS AND MINDS CLEAR

* This transcript was compiled from uncorrected Closed Captioning.