BOCC – Page 11 – Beth Tate

What’s on the Agenda for the November 21, St. Johns County Board of County Commissioner’s Meeting?

Posted on November 18, 2023November 18, 2023 by Beth Tate

All regular County Commissioner meetings are the first and third Tuesdays of the Month in the County Auditorium at 500 San Sebastian View.

The BOCC Agenda for November 21 is packed with 12 items, some of which may be lengthy discussion items.

The meeting Tuesday is posted as 2 separate meetings with the first one being the “Reorganizational Meeting” for the Board. This is the normal process of electing the Chair and Vice-Chair for the coming year.

Following the Re-organizational Meeting, they will begin the Board of County Commissioner’s Meeting.

Full Agenda is here: November 21 BOCC Agenda

Consent Agenda

There are 22 items on the consent Agenda. Here are a few of interest:

Consent Agenda item 7 is a lease agreement for additional space for the county to provide services at 16 and N. 5^th Street.

Consent Agenda Item 9 is to terminate a sales agreement for land recommended to be purchase through the LAMP program. Consent Agenda Item 9

The purchase and sale agreement was initiated September 8 for 30 acres of land off of 13 South. Within the agreement was a clause that within 90 days of the purchase the buyer could enter the property and assess suitability of the property for use by the County.

“The County has found through inspection of the property, including but not limited to staff visits, a title search and Phase I Environmental Site Assessment that the property is not suitable for the County’s intended use and purposes. It is in the interest of the citizens of St. Johns County to terminate the Purchase and Sale Agreement and request return of the Deposit monies prior to the Inspection Termination Date, as provided in Section 10 of the Purchase and Sale Agreement.”

There was some debate about approving this purchase initially so expect there may be some discussion about this Consent Agenda Item.

Regular Agenda

Agenda Item 1 is to approve a settlement agreement in a lawsuit brought against the County in March of 2020. This is related to an accident where a deputy in a marked car pulled in front of a motorcyclist on SR 16. The net amount, after the insurance coverage, is $6.3 Million.

Agenda Item 2 – Charting Performance: A Framework for Open Governance and Efficiency

“County Administrator Joy Andrews will introduce a framework aimed at enhancing open governance and operational efficiency within the County. A newly developed organizational chart, highlighted changes, and their intended purposes will be provided.”

Agenda Item 3 – Consultant Briefing on the County’s Comprehensive Plan Update

“The County’s Comprehensive Plan is in the process of being updated. The Board of County Commissioners directed that a consultant be hired to assist the county through process. The consultant, Inspire Placemaking Collective, will provide a briefing on the overall process including the schedule.”

Agenda Item 4 – a request to rezone approximately .84 acres of land at 5461 & 5467 A1A S. from Commercial General (CG) to Residential, Single Family (RS-3).

“The Planning and Zoning Agency heard this request at their regularly scheduled public hearing on Thursday, October 5th, 2023, voting to recommend approval of the request by a vote of 5-0. Members of the Agency had questions of the applicant about how the proposed homes would be accessing A1A South.”

Agenda Item 5

REZ 2023-02 St. Marks Industrial Presentation

This is a request to rezone approximately 13.26 acres of land, located south of International Golf Parkway, just west of US 1 North, from Open Rural (OR) to Industrial Warehousing (IW). This was recommended for approval by the Planning and Zoning Agency (PZA) at their Thursday, June 1, 2023 meeting. Since that time, the County learned that a portion of the property was the subject of pending private civil litigation. The applicant has revised their application to remove that portion of the property from the request, reducing the proposed acreage for the site from 15.98 acres to 13.26 acres.

location and compatibility map for St. Mark’s Industrial

Agenda Item 6

PLAT 2023-21 Orchard Park Phase 3

This is the final plat approval for Orchard Park Phase 3.

Materials are here: Orchard Park, Phase 3

Agenda Item 7 – FEMA Public Assistance Category G (Permanent Work) for Hurricanes Ian and Nicole, specifically South Ponte Vedra Beach.

This is an update on use of a FEMA grant to be used to address damage to South Ponte Vedra Beach by Hurricanes Ian and Nicole

See the materials here: South Ponte Vedra Beach FEMA

Agenda Item 8 – Fiscal Year 2023: End of Year Budget Compliance

This is the year end review of the budget and approval of required adjustment entries to ensure compliance with Section 200.6 [Budgetary Control Procedures] of the St. Johns County BCC Administrative Code. This is the process where reserves are transferred to appropriate accounts to cover expenditures or Intra-fund department transfers are approved.

“To accomplish these transfers, the BCC will need to approve the respective transfers for each Department as per the attached schedule. Under Florida Statutes, these adjustments may be made up to 60 days following the end of the Fiscal Year.”

The County CFO will review the items to be approved in the presentation at this link. Budget Reconciliation

Agenda Item 9

First Reading of Proposed Amendment to St. Johns County Ordinance No. 2018-42 regulating the operation of Golf Carts, Low Speed Vehicles, and Mini Trucks within St. Johns County.

At its August 1, 2023 meeting, the Board of County Commissioners authorized the Office of County Attorney to prepare a proposed amendment to Ordinance 2018-42 to conform to recent changes in state law addressing the operation of Golf Carts on all public roads in Florida. The proposed amendment requires anyone 18 years or younger who operates a golf cart to possess a valid learners or driver license and anyone 18 years or older to posses a valid form of identification.

The entire ordinance can be found here: County Golf Ordinance

Agenda Item 10

First Reading of Proposed Amendment to St. Johns County Ordinance 20028-29 regarding St. Johns County Affordable Housing Advisory Committee.

Details are here: AHAC revision

At its September 19, 2023 meeting, the Board of County Commissioners authorized the Office of County Attorney to prepare a proposed amendment to Ordinance 2008-29 to conform to recent changes in state law regarding the composition of the Affordable Housing Advisory Committee. The proposed amendment requires that the committee must consist of one member from the Board of County Commissioners and one representative from at least six of the categories identified in section 420.9076(2), Florida Statues.

The categories are:

a) One citizen who is actively engaged in the residential home building industry in connection with affordable housing.;

b) One citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing.;

c) One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing.;

d) One citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing.;

e) One citizen who is actively engaged as a for-profit provider of affordable housing.;

f) One citizen who is actively engaged as a not-for-profit provider of affordable housing.;

g) One citizen who is actively engaged as a real estate professional in connection with affordable housing.;

h) One citizen who actively serves on the local planning agency pursuant to Section 163.3174, Florida Statutes.;

i) One citizen who resides within the jurisdiction of the local governing bodymaking appointments.;

j) One citizen who represents employers within the jurisdiction.;

k) One citizen who represents essential services personnel, as defined in the local housing assistance plan.

Agenda Item 11 – This item is a “Proposed Settlement of Southeast Development Partners, LLC v. St. Johns County State Court Litigation”

“St. Johns County (“County”) is currently defendant in Case No. CA23-1265 in the Circuit Court in and for St. Johns County, filed by Southeast Development Partners, LLC (“Southeast”), relating to certain record requests. The County has defended, and continues to defend, its responses as consistent with Florida law. Pursuant to court order, the parties participated in mediation on October 30, 2023, and produced a tentative mediated settlement agreement, subject to approval of the Board of County Commissioners, to avoid the costs and uncertainty of further litigation of this matter. A copy of the mediated settlement agreement is attached to this agenda item for review and consideration. (This proposed settlement does not resolve the pending federal litigation regarding Southeast’s concurrency obligations.)”

This item is interesting, not only because of the litigation and proposed settlement, but a read of the presentation materials is educational in understanding the scrutiny of county employees’ communications. I often hear residents complain about the email responses they get from county representatives or the lack of written response. County officials and employees are subject to Florida Sunshine laws and must be careful how their communications are worded.

As an example, I have heard residents complain that a Commissioner would not commit in an email response that they would vote a certain way on an upcoming rezoning request. By law, they can’t decide on a quasi-judicial matter until it is presented to them at the public hearing. If they have committed to a resident that they will vote for or against a request, they have broken the law, and that email could become evidence if the applicant, or anyone, sues the county over the decision.

Read the details here: Proposed Settlement

Agenda Item 12 – Consider appointments to the Land Acquisition Management Program (LAMP) Conservation Board

“Currently, there are (4) vacancies on the LAMP Conservation Board due to expired terms. Members of the LAMP Conservation Board are required to be registered voters of St. Johns County and have experience or expertise in one or more of the following areas, with at least five of these areas represented at all times: Agriculture, Archaeology, Business/Finance, Eco-Tourism, Education, Engineering, Environmental, History, Parks, Planning, Real Estate, Recreation, Soil/Hydrologic, and Natural Sciences, such as Biology, Botany, Geology and Zoology. “

Included in the packet are (9) applications and a recommendation letter from LAMP: Robin Robbins Dist. 1, Dirk Lobenbruck Dist. 1, Wayne Flowers Dist. 1, Dist. 3, William Miller Dist. 3, Anila Lahiri Dist. 3, Nicole Crosby Dist. 4, Kate Beck Dist. 4, Garrett Colton Dist. 5, Benjamin Brandao Dist. 5.

The LAMP Board recommends the reappointment of Shorty Robbins, Wayne Flowers, and JB Miller. They recommend the new appointment of Nicole Crosby.

Packet details here: LAMP Board Nominations

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Recap of the November 7 St. Johns County Board of County Commissioner’s Meeting

Posted on November 11, 2023November 11, 2023 by Beth Tate

Tuesday’s meeting was long, as was anticipated. The big item on the agenda was the Ponte Vedra Inn and Club PUD, heard at a time certain of 1:00. The crowd started rolling in around noon.

But here’s what happened before the main event.

The meeting opened with 2 Proclamations.

Proclamation for Veteran’s Day – Representatives from the St. Johns County Veterans Council, Bill Dudley and Joe McDermott accepted the Proclamation. Colonel Dudley shared that on Veteran’s Day, November 11, there will be a celebration honoring all veterans at the Anastasia Baptist Church, 1650 A1A South, at 11:00 AM. Colonel Dudley also sahred about the Veterans Treatment Court, established in January 2017. This was established through funding provided by the County Commissioners and since that time 101 Veterans have gone through that Court successfully. When veterans graduate from the program, they are presented with a certificate and a Challenge Coin. Colonel Dudley and Mr. McDermott presented Challenge Coins to each of the Commissioners and to the Administration Staff in appreciation for the support the Court has received from the County. Commisioner Dean made note that Friday is the 248^th Birthday of the U. S. Marine Corp.

To learn more about the St. Johns County Veterans Council – check out this page: St. Johns County Veterans Council

The second Proclamation was for National Adoption Month.

A Certificate of Recognition was presented to the West Augustine CRA acknowledging 10 years of Keep Calm and Walk for Cancer. During this presentation Commissioner Henry Dean and Retired Lt. Colonel Vernon Pinkney were recognized for their commitment to the cause.

Public Safety Report

Director Skip Cole (Criminal Investigations) presented on behalf of the St. Johns County Sheriff’s Office. He shared about the November 4^th incident in Davis Park that ended with a lethal force action by one of the deputies. He noted that even though we live in one of the safest communities in the country, we are not immune to violence. SJSO reminds us to remain vigilant and not be a soft target. He also spoke about the on-going impact of the incident. While most of us will move on from this news incident quickly, there were people involved directly and indirectly who will not move on so quickly. He noted the deputies who had to take action that ended in loss of life, the fire rescue personnel who treated the wounded individual, the dispatcher who took the call, and the detective who attended the autopsy and the detective that had to talk to the individual’s parents about the death. They will not move on quickly. The Sheriff’s office does have resources to assist these individuals but be mindful of what they go through. He also noted that this incident happened in the presence of many children and families at the Park for their usual Saturday activities. SJSO has communicated with the schools and support groups to create a network of support for the folks who were impacted by their proximity to the incident. He thanked the community for their on-going support of law enforcement and the victims.

Director Cole also shared a more upbeat topic and that was the attendance of SJSO and other county staff at the first annual Trystn Bailey Gala. This event is to raise money the Trystyn Bailey fund established in honor of St. Johns County resident Trystyn Bailey, whose life was cut short in 2021. You can learn more about the fund and it’s goals at this link:

Trystyn Bailey Memorial Fund

Fire Rescue was represented by Jeremy RobShaw who shared information about the 2 Day Fire Expo that began on November 7. Speakers and First Responders from all over the country are in St. Augustine for the Expo.

Clerk of the Court’s report

During the month of November, in honor of veterans, the Clerk’s Office is waiving standard fees for passports and notary services for veterans or dependents with a discharged military ID, military independent ID or a Driver’s license with a veterans designation.

The Clerk’s office continues to work on recovering dollars lost because of a fraud event several weeks ago.

Public Infrastructure Update

Updates were provided on 4 projects:

Legislative Affairs Update

The Legislative Affairs update gave a brief overview of what could be expected during the upcoming Florida Legislative session. A Special Session was under way during the past week.

The County has submitted reqeusts for $96.45 million in funding for the 2024-2025 budget.

Mr. Teckler also shared highlights of how the Federal Agenda is impacting St. Johns County. Until the Budget concerns are addressed in Congress, the requests from St. Johns County that have gone through Congressman Rutherford’s office, appear to be in a holding pattern.

Consent Agenda

There were no changes to the Consent Agenda

Regular Agenda

Agenda Item 1 – Presentation on the Total earned unused and undistributed revenue.

Our Tax Collector, Dennis Hollingsworth presented interesting information on the tax revenues collected within the county. He also encouraged people to call him if there are issues with ability to pay taxes on homesteaded property. They are committed to not helping people stay in their homesteaded properties. The number is 904-209-2280.

Watch his presentation here: Tax Revenue Presentation

Some highlights from the presentation:

Agenda Item 2

Approval and recognition of FIND Grant Project Agreement for Genovar Land Acquisition

“On February 7, 2023, the Board approved the submission of a Florida Inland Navigation District (FIND) grant application for reimbursement of Genovar land acquisition costs. FIND awarded a $1,055,500 grant for acquisition of the 31 acres of Genovar property located North of SR 312 and South of Nix Boat Yard and situated along the San Sebastian River with deep water access for a public boat ramp, parking, and passive recreation. Parks and Recreation is requesting authorization to sign FIND Project Agreement #SJ-23-217 for Genovar Land Acquisition”

This presentation was to approve the grant project agreement for this 31 acres of land to be developed into a public boat ramp and passive park.

Location of the Genovar project, north of 312, south of Nix Boat Yard

It was approved 5-0

Agenda Item 3 – Nix Boat Yard

“Request to Rezone approximately 0.59 acres of land from Open Rural (OR) to Commercial Warehouse (CW) with conditions, specifically located at 135 Nix Boat Yard Road. The Planning and Zoning Agency heard this request at their regularly scheduled public hearing on October 5, 2023, and recommended approval with a vote of 5-0. Agency members discussed the previous daycare facility and when it relocated. There was one public comment that questioned the buffering, traffic, parking and proposed clientele. In response, the applicant discussed a proposed 20/B buffer; since the PZA hearing, the applicant has included an additional condition to the Rezoning that states a 20/B buffer will be installed and maintained on the west side of the property adjacent to the existing Commercial Office.”

Just a bit north of the Genovar project is this request from local company Fishbites, to rezone from Open Rural to Commercial Warehouse. This is to allow them to expand their production, packaging and shipping along with office space and a showroom.

Learn more about local company Fishbites here: Fishbites

Approved 5-0

Agenda Item 5 – First Reading of the Proposed Amendments to the St. Johns County Beach Code

This item was the result of a request from Roy Alaimo at the October 3, 2023 Commissioner’s meeting, to review and update the Beach Code to reflect changes in uses of the beach.

Changes are:

Addition of Drones to Section 3.14

No one operating, directing or responsible for any aircraft, seaplane, helicopter, glider, balloon, dirigible, parachute, drone, or other aerial apparatus shall take off from or land within park property or the beach.

Updates to Section 3.15 Electric Motorized Devices

And Section 5 Prohibited Acts was changed to read:

Operate any motor vehicle so as to intentionally cause sand to be thrown into the air or across any beach area.

A suggestion from Public Comment to require e-bikes to be registered for use on the beach will be reviewed for feasibility before the second reading.

Agenda Items 6 and 7 were appointments to the Contractors Review Board and the Cultural Resource Review Board.

Tyler Lee, Kyle Jones, and Kylee Turner were all approved 5-0 to serve another term on the Board.

Robert Olson was reappointed to the Cultural Resource Review Board 5-0

At this time they were ahead of schedule so heard Commissioner’s Reports.

Commissioner Alaimo commented on the value of the joint meeting with the School Board.

Commissioner Whitehurst shared that he had begun negotiations with Joy Andrews on the County Administrator employment contract but it would not be completed before the end of his term as Chair. He recommended passing that responsibility to the next Chair. The vote was 5-0 to approve that change.

Public Comment

During the first Public Comment, residents brought forward a concern that had been raised to the Commissioners previously about the development of property on SR 13, next to the housing development known as Otoe’s Place.

TECO owns the property and can, by right, build commercial on the property. Their proposal would cause the loss of over 200 trees. Commissioner Whitehurst had previously asked staff to work with TECO to look at plans on how they could preserve as many trees as possible.

The residents who spoke pointed out existing curb cuts for ingress and egress that would not impact the trees on Otoe’s Place and questioned why the entrance to their development would need to be impacted by removal of trees for a new entrance.

The Commissioners again asked staff to work with the community and the property owner to come up with a solution that would preserve as many trees as possible.

There was a break for lunch before the big item of the day, the Ponte Vedra Inn and Club PUD, heard at 1:00 time certain.

Agenda Item 8 – Ponte Vedra Resort

The full presentation with public correspondence can be found at this link: Ponte Vedra Resort PUD

You can watch the presentation at this link: Ponte Vedra Resort PUD Video

Assistant Attorney Valliere went through the format for the presentation. Because there is an adversely affected party involved, they used a Public Hearing Format.”

The outline was:

Swearing in of witnesses, including county staff, applicant’s representatives and any members of the public wishing to speak.

Followed by the applicant presentation – they were allowed 45 minutes.

The adversely affected party was next with 20 minutes allowed.

There were 4 designated representatives with 10 minutes each to speak.

Followed by public comment with 3 minutes each.

After public comment, the adversely affected party has 5 minutes for rebuttal

And the applicant gets 20 minutes for rebuttal

Finally back to the board for discussion and a vote

The Commissioners shared Ex Parte disclosures.

All Commissioners had communications going as far back as 4^th quarter of 2022.

Communications included meetings and email correspondence. Commissioner Dean pointed out that the emails are public record and that the public can request to review the 200-300 emails received by each commissioner.

John Peyton, President of the Gate Corporation, made opening remarks about the history and legacy of Gate Corporation and what they are proposing with this project.

If you’d like to skip just to Mr. Peyton’s presentation, start here: John Peyton Remarks

He highlighted that these properties are “legacy” properties and important to the family.

At the end of the applicant’s presentation, Commissioner Joseph asked Ms. Avery Smith several clarifying questions.

The Adverse parties were represented by Attorney Doug Burnett. You can watch his presentation here: Adverse Party Presentation

After hours of presentation and public comment, both for and against, the Board began their discussion.

Commissioner Joseph read a prepared statement (it was typed so did not appear to be something she wrote during the presentation.) Her statement included conditions she wanted to see changed in the PUD and at the end of the statement, she indicated this was a motion to the Board.

Watch that here: Commissioner Joseph Statement

Ms. Avery Smith asked when Commissioner Joseph had written the document that become a motion. The Commissioner indicated she had written it last week with the thought that if this was going to work, these were the things she wanted to hear.

Chair Whitehurst asked Attorney Migut to opine on establishing when the motion was written.

Attorney Migut clarified that Judicial decisions are supposed to be made based on the recorded evidence, which includes what was in the packet provided ahead of the testimony heard on Tuesday.

Commissioner Joseph reiterated she had written it ahead of time but only decided to read it based on what she heard in the meeting.

Ms. Avery Smith stated that they would not agree to the terms of the motion that Commissioner Joseph read.

The motion died for lack of a second.

There was more discussion from the Board, including how concerns for some of the Commissioners had been addressed through the changes that were made to the PUD along the way, in response to concerns from residents and others.

Commissioner Arnold made a motion in favor and it passed 4-1.

Commissioner Joseph thanked the staff for all their hard work on the PUD.

With nothing further, the meeting adjourned.

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BOCC, PZA, St. Johns County

What’s Ahead this Week in St. Johns County Government

Posted on October 29, 2023October 29, 2023 by Beth Tate

This week has some important meetings on the St. Johns County Government calendar.

Start Monday, October 30, with a “Meet and Greet” from 4 – 6 PM in the County Auditorium.

The final candidates for the St. Johns County Administrator position will be on hand for you to get an in-person look at who is in the final running.

Oh, and they’ll be serving Ice Cream if meeting the candidates isn’t enough to entice you!

On Tuesday, October 31, beginning at 9:00 AM in the County Auditorium, the County Commissioners will conduct interviews of the four final candidates for the county Administrator position. These will be conducted in public, with the candidates recusing themselves from each others interviews.

This puts a panel interview into a whole new light, with the public in person and observing your interview!

You can watch them live on GTV. Link to GTV

Moving ahead to November, the Planning and Zoning Agency will have it’s first meeting of the month on Thursday, November 2, at 1:30 in the County Auditorium. I’ll be sharing the Agenda soon.

Interested in the Beach Management Plan?

On Friday, November 3, the County will be conducting discussions with the top 2 ranked firms for this project. Discussions in the County Auditorium will be closed to the public but recorded “in accordance with public records laws.”

At the conclusion of the discussions, there will be a public evaluation meeting to announce the updated scores for the 2 finalists.

Presentation Schedule

9:30 AM – 10:10 AM

Olsen Associates, Inc.

10:20 AM – 11:00 AM

Atkins North America, Inc.

11:15 AM

Final Ranking Meeting (Public Meeting)

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BOCC, St Johns County Schools, St. Johns County

Recap of the Joint Meeting of the St. Johns County School Board and the Board of County Commissioners

Posted on October 27, 2023October 27, 2023 by Beth Tate

Yesterday was a rare occurrence, a joint meeting of the 2 Board that have the future of our County in their hands.

The live audience was sparse, with more School District and County employees on hand than general public. This may be because of short notice and little publicity about the meeting.

The meeting opened with a surprise guest invited by Commissioner Chair, Christian Whitehurst.

Commissioner Whitehurst had met with Senator Travis Hutson last week and discussed some of the items on the agenda for the joint meeting. He invited Senator Hutson to speak to the group. As he introduced Senator Hutson, he pointed out that the school concerns are a “three-legged stool” with the School District, the County, and the delegation in Tallahassee providing solutions.

Senator Hutson shared that he had already begun some work on deregulation around education. He noted that St. Johns County has always been a high growth county, since he was elected to the House, working with Senator Thrasher at the time, they brought millions of dollars back to the county for education. He shared that the money that can be brought back to the county is based on a mathematical formula based on the needs and performance of the county.

Last year the total funds that could be used were about $40 million in total and 3 or 4 other counties made that list, with St. Johns County falling to be bottom of that list. Out of that dollar amount, St. Johns County only got about $1 million based on needs, compared to the other counties on the list.

He noted this is a statewide issue. There are policies on the books that have “hamstrung” the school districts with the bureaucracy. Example is that you have to build schools to hurricane standards now. This is requiring schools to be built to higher standards than necessary and that increases the cost. Not all schools need to be built that way – changing this formula could allow funds to be used for additional schools, not hardening schools.

There are also limits on how specific dollars can be spent for specific uses. That means dollars are tied to very specific uses – they can’t be used for other uses.

In the next couple of weeks, they will be launching a series of deregulation bills (for education) and will be working directly with the school board and others to refine those bills. Senator Hutson’s bills will be specifically about construction and the physical impact. He has a draft, but it is not ready for prime time.

During comments from the dais for Senator Hutson, School Board Member Canan mentioned the frustrations about money for the teachers as well as some of the mandates that are placed on teachers by Tallahassee.

Commissioner Dean took the time to point out that many of the homes that are being built today were actually approved long before the existing School Board and County Commissioners were on the boards.; 80% of the homes constructed since 2016 were approved during the process between 2000 and 2008. Roughly 40,000 homes remain to be built that were approved prior to 2008.

You can watch Senator Hutson’s comments and the following discussion at this link: Senator Travis Hutson Remarks

Overview of the School Construction Funding Process

Next up was School Superintendent Tim Forson and a presentation on how new schools are funded.

Mr. Forson talked about the complexity of funding sources for building new schools.

There are 2 silos of budget funds, Operating Funds and Capital Funding. The two funds cannot be intermingled or used for other purposes. Operating Funds are more Human Resources focused, daily operations of the schools. Capital Funding is for buildings.

He shared that when the county was building schools in 2006, 2007, and 2008, there were significant state dollars that were used with local dollars to build the schools. That state funding is now gone.

Today, new construction of schools falls on the local communities. State sources and PECO (Public Education Capital Outlay) funding no longer exists. That is not because the state is not allocating the funds; it is because the funding sources have dried up.

NOTE: PECO funding comes from the state gross receipts tax from the sale of electricity, gas, and communications services (cable, cell phones, and land lines). As these tax receipts have decreased, so has funding for PECO.

There is no state source that will help build schools in today’s environment.

Commissioner Dean asked about the money from the Florida Lottery that is supposed to fund education. The lottery money is largely for Bright Futures, not K-12 education.

Looking at Local Sources, there are 4 primary sources:

Local Discretionary Capital Outlay Millage (was 2.0, is now 1.5 mills)
School Impact Fees
School Concurrency Proportionate Share Mitigation Payments
Half-Cent Sales Surtax

Capital Outlay millage can ONLY be spent on capital projects.

Impact fees are tiered based on the value of the home – timing is an issue.

School Proportionate Share Mitigation are based on a formula that is applied to a new construction project.

The Half-Cent surtax can only be spent on the four designated categories:

Meeting the Needs of an Increasing Student Population
Maintain High Quality Educational Facilities
Provide New Technology to Prepare Children for 21^st Century Learning
Continue to Keep Children Safe

Timing of the sources:

The Millage is property tax – the school district doesn’t see that until the first time a property owner pays their property taxes. They money has to accumulate over time to fund new construction. Timeline is about 18 months before the district sees that money.

School Impact fees – paid by the homeowner when the new home is closed on.

School Concurrency fees – Mitigation fees. When a large project is phased, the proportionate share is paid when they are ready to move forward on a project. This is money that the school district gets in advance.

Sales Tax – purely economically driven

Why don’t more of these funding sources come earlier? It is taxpayer dollars and you can’t get too far ahead of the funding sources.

Not every county has Impact Fees and not every county does the work on the Proportionate Share funds. This is because not every county has capacity issues.

Not every county has the additional sales tax revenue for funding.

Observation was made that Florida’s funding of schools is not the same as other states and that can be confusing for parents coming from other states. The tax structures are so different as well as how schools are funded.

Commissioner Dean raised a question about the common belief that new schools cannot be built until the schools are at least 50% over capacity.

Answer? Statutes have changed over the years, since Mr. Forson has been involved since 2006, they have never been held from building a school because of a capacity number issue. They create a 5 year work plan, develop that workplan, and it’s approved. What stands in the way is the flow of dollars, not the state saying yes, you can build or no you can’t build.

You do need to build new schools at a size to operate in the black – there must be enough funding based on numbers of students to operate in the black.

The bonding capacity IS regulated by the state so the reduction in Millage from 2 to 1.5 did have an impact. They must complete a project before they can issue more bonds.

NOTE! School Board members have been perpetuating this urban legend – refer them back to this presentation the next time you hear it!

Commissioner Joseph asked if the School Board wanted more input into the approval of new homes.

Mr. Forson pointed out there are some legal considerations into how that happens. There are statutory and local requirements and mandates that drive the process. He did point out, they are at the table. The School Board does see the project and approves the mitigation portion before it goes to the Board of Commissioners.

School Board Member Mr. Canan wanted to refer the audience to the sales tax portion of the funding and underscore its importance. This was voted on and put in place at a time when school funds were drying up and there was no money for new schools. He asked Mr. Forson what the sales tax had funded.

Response:

2 new schools
2 partial schools that would probably have been only 1 school
1 school expansion
5,655 student stations have been built as a result of sales tax

The district would probably have about 4000 fewer seats in the system.

Mr. Forson indicated that In 10 years, the district has grown by 13,467 students to 52,000 students. Doing some fact checking, numbers in 2012 were 32,187 and numbers today are at ~52,000.

During that time, they have built 9 new schools, 3 expansions, and 3 are under construction now.

40% of that construction was based on sales tax funding.

There was further discussion about communication between the School Board and the County Commissioner’s regarding approval of new developments. Both School Board representatives and County representatives emphasized there is communication, and the School Board is engaged and aware of all new developments. They determine the proportionate fair share the developers pay and that is approved by the School Board before the Commissioners make their determination.

You can watch Mr. Forson’s presentation here: Superintendent Forson’s Presentation

Presentation of school-related infrastructure projects

Colin Groff Interim Deputy County Administrator presented on the Infrastructure projects.

He began the discussion with an explanation about the concurrency and proportionate share process.

When a developer brings forward a project, before anyone on the Board of Commissioners sees it for approval, that project has gone through the School Board and they have looked at the concurrency and said, “yes we have the capacity.” If they do not sign off on the project, it stops right there and does not move forward until the capacity deficit is addressed.

If the capacity is not there, the developer may choose to pause, or to pay the proportionate share agreement that is approved by the School Board for the developer to fund their portion of future schools.

Important to note that the process stops and the project does not move forward to the County Commissioners for review unless there is capacity or an agreement to fund future capacity. The School Board does play a role in that process.

Capital Project Updates

Dr. Asplen presented on the current school projects. He answered a question about a new High School with a projected date of around 2027 – 2028.

Colin Groff presented on the school related Infrastructure Projects

Adam Teckler, Legislative Affairs Manager, presented some next steps.

State Board of Education Report is due by November 1

Purpose is to reduce unnecessary regulation on public schools. Expected to review cost per student station formula and options for high growth school districts. May also address student transportation.

After a brief recess, they heard Public Comment.

Public comments were shared about:

Teacher pay
Appreciation for this meeting and hope for continued joint meetings
Don’t forget the older communities and their school needs
Need for more middle schools and high schools

You can watch the entire presentation at this link: https://stjohnscountyfl.new.swagit.com/videos/277579

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BOCC, St. Johns County

What Happened at the October 17 St. Johns County Board of County Commissioners Meeting?

Posted on October 21, 2023 by Beth Tate

Tuesday’s meeting was long and contentious. No doubt you’ve seen some social media coverage and local news coverage of some of the topics covered.

I’ll try to break it down for you here and provide you links and source information to form your own opinions.

The meeting opened with a Recognition Award for Commissioner Sarah Arnold.

The St. Johns County Professional Firefighters Association presented an award to Commissioner Arnold in recognition of her efforts to establish a Mental Health program for the Firefighters. The award was presented by David Stevens, President of the St. Johns County Professional Fire Fighters. He shared a moving story about what it is like being a firefighter and the mental/emotional toll it takes to do the job day-in and day-out. He reminded us of the 3 firefighters lost to mental health issues in last year.

He explained the tradition of the presentation of the fire ax to an individual. Because the fire ax is a tool that represents saving lives, it is generally reserved for those who have saved lives, like a retired fireman who spent his entire career helping people. On special occasions, they present that ax to elected officials who have put forward legislation or initiatives that help and save firemen.

He noted that one year ago, Commissioner Arnold proclaimed men and women in fire rescue are in crisis and rallied her fellow commissioners to put forward the initiative for mental health that is in place today. They declared, “Commissioner Arnold, you are our hero.”

The representation from the fire department was large. It was quite moving to see the presentation.

You can watch it here: Firefighter’s Presentation to Sarah Arnold

This was followed by a Proclamation recognizing the 100^th Anniversary of Kiwanis of St. Augustine

The third proclamation of the morning was timely. St. Johns County has been recognizing St Johns County Israel Friendship Day for 3 years. The timing of this year’s proclamation falls during a horrific time for Israel.

You can watch the presentation here: St. Johns County Israel Friendship Day

We learned during the acceptance of the proclamation that much aid has been sent from St. Johns County already. The Rabbis who spoke expressed appreciation for the support and love that they have felt from the community.

Commissioner Dean read a resolution of support for Israel into the record, as it defends itself from the war from Hamas. You can watch and hear the resolution here: St. Johns County Resolution for Israel

Public Safety Update

Director Beaver from the St. Johns County Sheriff’s Office emphasized that the Jewish community should know SJSO is staying on top of what is going on and monitoring. Sheriff Hardwick has been reaching out personally to the Jewish Community. He shared that just a few months ago members of the staff visited Israel.

Interim Fire Chief Sean McGhee shared a story from last week’s news of a St. Johns County Fire Rescue K-9 providing a blood transfusion for a K-9s for Warriors K-9 in Duval County.

Consent Agenda

For the Consent Agenda, Commissioner Joseph asked to pull Items 8 and 33, suggesting that Item 8 should be sent back to the LAMP Board for review. Both items were moved to the Regular Agenda for discussion.

Attorney Migut reported that the applicant would like to pull Agenda Item 2.

Regular Agenda

Before beginning the Regular Agenda, Commissioner Joseph asked if Item 3 could be moved forward to Item 1, because there were many in the audience there for just Item 3.

Commissioner Whitehurst expressed concern that there were many residents from Rock Springs Farms for Item 2 and they had been waiting several months for this item to make it to the agenda. He indicated items 1 and 2 should go quickly so the agenda was not altered.

Item 1 was a request for a Non-Zoning variance to waive roadway standards to allow the building of a single-family home on a lot on Hickory Lane. This item was presented by the landowner who wishes to build a home on the property they purchased on Hickory Lane. Three neighbors spoke in opposition to the request. The variance was approved unanimously.

Item 2 was the long awaited Rock Springs Farms PUD modification that would release the HOA from maintaining the county owned public park. For several months residents of Rock Springs Farms have been coming and asking for relief from maintaining the County owned park. Commissioner Alaimo championed addressing the situation and it was finally brought to the Agenda. After a very well done presentation by the President of the HOA, the modification was approved unanimously.

Agenda Item 3 was a discussion item for the Review and Analysis of 14 Goals introduced at the July 18, 2023 Board of County Commissioner’s Meeting. In the published materials for this item there was no ordinance proposed, just an analysis of the goals and how they might become part of the Land Development Code.

This was the hot topic of the day and took a long time, interrupted by General Public Comment at Time Certain of 11:30. I’ll consolidate the Tree discussion and update on the General Public Comment in a separate section.

The discussion on trees spanned over three hours with the break for public comment. While it was posted on the Agenda as a Discussion item, there were many emails and social media posts encouraging people to attend and make their voices heard. Many people came into the meeting expecting this to be a vote on a new Ordinance to protect trees.

I’m including a link that starts at the beginning of the discussion and will also include a link to the subsequent discussions with the Board that will be of interest. My intent is to make it easier for all to follow and learn.

Here is the presentation on the 14 goals: Background materials on the Tree Goals

Pages 1 – 38 of the presentation are largely background.

Staff found several of the goals were interrelated, so they combined items where appropriate.

You can watch the presentation by staff here: Staff Presentation on Tree Recommendations

Goals 1 and 2 – Lots of Record – Proposed: Lots of Record east of the Intracoastal Waterway (ICW) and Lots one acre or larger west of the ICW shall provide 80” of trees per acre through preservation or replanting.

Goal 6 is for the Tree Bank – Proposed: Update the Tree Bank Fund Fee

Two options presented.

Option 1: Payment is the current market value of average cost of the purchase of replacement trees.
Option 2: $150 per lost tree inch.

Goal 11 is for the Commercial Exemption – Proposed: Delete the exemption for commercial projects.

Three Options presented:

Current Tree Bank Fee – Cost: 80” removed = 80” X $25 = $2000
Average cost of a 2” Live Oak is $442. Cost: 80” removed = 4:2” trees or 40 X $442 = $17,680
$150 per lost tree inch. Cost: 80” removed = 80” X $150 = $12,000

Goal 3 is for Specimen Trees – Here are the three slides explaining Specimen Trees:

Goals 4, 8, and 9 were for Development Buffers, Natural Vegetation, and Grading. Proposed:

Keep natural or undisturbed as much as possible buffers of original, natural vegetation/trees to protect neighboring properties.
Preserve minimum of 20% of upland natural vegetation, not including Upland Buffers
Disallow grading with 15 feet of a property line or buffer

Goal 7 is for Early Clearing – Proposed: Eliminate the Clearing and Grading Construction Plan application. Developers that do have clear plans for construction will submit construction plans and request early land clearing with the first round of construction plan review, tying the clearing to eminent construction of the development.

Goal 10 is for Drainage – Proposed: Attention must be given in the planning stage by county staff to drainage so that the water table in preserves does not change post-construction.

Goal 12 is Tree Bank Fund Use – Proposed: Ensure that disbursement of funds from the county’s tree bank goes 100% towards the purchase and installation of trees. Disbursement of the Tree Bank Fund shall be made only with approval of the BCC.

Goal 13 is for Pine Trees – Pine Trees are typically grown as “crop trees” and are an important part of our silviculture. They have been on the “Exempt” list of trees considered for tree inch value. The proposal is to keep exempt, except for Slash and Longleaf Pines.

Goal 14 is Notifications – Proposed: Notice to homeowners within 300’ of clear cutting, prior to cutting.

Goal 5 is Increase Fines – Proposed: Trees removed illegally should be subject to a fine 10X the current fine to discourage such violations.

At the conclusion of the staff presentation, Commissioner Joseph clarified that it was not her intent to force people to put trees on their property.

Public Comment – 39 people spoke during Public Comment on the analysis. The majority were for doing something to save the trees. Some agreed that something needs to be done, but to proceed with thought and caution. No one was in direct and full opposition to updating the Land Development Code to provide for saving trees.

The topic then came back to the Board for discussion.

You can watch the discussion at this link: Board Discussion on Tree Goals

It’s worth a watch to get the full context of the discussion and form your own opinions. Here’s a brief synopsis:

Commissioner Joseph asked for consensus to move through each item, one by one. Other Board members did not respond to that request.

Commissioner Joseph tried to initiate discussion about Item one with no response from the other Commissioners. She then moved onto item six about the Tree Bank. Again, there was no input from others.

Commissioner Dean spoke and shared that he had come into the meeting with the expectation that this was a “listening and learning” experience. He thanked Commissioner Joseph for bring it forward and said he had thought today was a day to listen and learn, hear from the public, give it further thought and then come back with a suggestion going forward.

Commissioner Dean called out areas that he thought he could support:

Some limitation on clear cutting
Preserving our buffers
Higher permit fees
Higher fines for violations
Some increase in conservation of trees for PUDs.

He did want to hear more from the public and wants to look at this in the context of Comp Plan amendments that the county is undertaking.

He stated he was impressed with a number of the recommendations but was just not prepared to vote on them Tuesday. He said that did not mean he was not in favor of the others; it just meant he didn’t have enough information on the other 9 items.

Commissioner Whitehurst added his thoughts that he was very much in favor of conservation but wanted to understand any negative consequences. He has concerns that this could violate Florida statutes and could cause higher prices for homes and that would harm the middle classes in St. Johns County.

Commissioner Joseph made a point that many people had come to the meeting Tuesday with the expectation that something would be voted on. Her view was this was “sad” and she hoped “everybody remembers this in a year when some of those people run for re-election.”

Commissioner Alaimo spoke up and echoed Commissioner Dean’s thoughts that he wasn’t prepared to vote on these items thinking it was just a discussion item. He referenced the work on the Comp Plan and shared that he thought this would be the time to review and get input from experts on the revisions. He expressed the concern that if this was going to cost the developers money, they would just pass that on to the home buyer. He wants to get more input from the public during the Comp Plan related Town Halls.

Commissioner Arnold thanked the staff for all the work they had put into the analysis. Her opinion was they need more analysis with subject matter experts and that this is premature.

Commissioner Whitehurst said he just couldn’t vote on something that could increase the cost of a home in St. Johns County.

Commissioner Joseph made a motion to move forward the 5 items Commissioner Dean had mentioned. Commissioner Dean seconded the motion.

There was additional public comment on the motion with 10 people speaking.

Interim Administrator Andrews brought up the Comprehensive Plan updates and that this is one element of the Comprehensive Plan. She shared the timeline for the process and the Town Halls that are to begin in November.

Commissioner Alaimo asked for clarification on the Motion that had been put on the floor.

Editorial Note: No one could clearly articulate what the actual motion was. I have received calls, emails, and texts during and since the meeting asking me for clarity on the motion. In the video you can see the confusion about what was being voted on.

Commissioner Dean shared more insight into his thinking. He clarified that the reason he made the second for the motion was that there is a clear path to use the plan and the process to engage the public more and to engage the staff to address questions and get any misconceptions cleared up. He wanted to be clear that the changes need to be clearly vetted and understood before they make a decision.

Commissioner Joseph wanted to keep the motion as made today because it will be a year before the Comp Plan changes come to fruition.

Commissioner Alaimo shared that he believes this should be part of the Comprehensive Plan and the process in place for that plan.

Commissioner Arnold agreed with that position.

The motion was finally voted on and failed, 3-2, with Arnold, Whitehurst, and Alaimo voting No.

General Public Comment

General Public Comment at time certain 11:30 started with a surprise entry from former Fire Chief Scott Bullard.

You can watch Mr. Bullard’s comments, followed by others in support of Mr. Bullard, at this link; Bullard’s Public Comment

Mr. Bullard spoke in defense of his career and spoke against recent actions of the Interim County Administrator and one Commissioner. He is seeking to be returned to his former role of Battalion Chief and be allowed to finish his career in St. Johns County.

Others, including Mr. Bullard’s wife, spoke in his defense, as well.

David Stevens, President of the Firefighter’s Association, spoke up and shared examples of actions that Mr. Bullard had taken that led to the complaints levied against Mr. Bullard.

Mr. Stevens comments can be heard here: David Stevens Comments

Regular Agenda Item 5 was the Agreement between the St. Johns County Community Redevelopment Agency and Vilano Beach Main Street, Inc. This was approved unanimously.

Regular Agenda Item 6 was an update from County Attorney David Migut on the County Administrator Recruitment Process.

The list of candidates had been narrowed down from 105 to 5 by the selection committee:

Joy Andrews
Scott Andrews
Sarah Campbell
James “Jim” G. Doar
James “Jim” K. Harriott, Jr.

Mr. Scott Andrews has withdrawn from the process.

The Board was able to vote on the final interview slate. They could have added to or taken away from the candidates recommended by the selection committee.

Previous meetings regarding the selection process can be reviewed here:

October 6 – Public Meeting for County Administrator Recruitment

October 9 – Selection Committee Interviews

October 30 has been set aside as a day that the Commissioners can interview the finalists one on one, in private, if they choose.

Also on October 30, there will be a public “Meet the Next county Administrator” ice cream social event from 4 – 6 PM on October 30^th in the Rotunda of the Administration Building.

There will be a special Board of County Commissioners meeting on Tuesday, October 31 at 9:00 AM. The Board will interview the candidates selected Tuesday. The meeting is open to the public. Candidates have been asked to recuse themselves from the meeting so as not to give any candidate an advantage, having seen the other questions and answers provided.

They chose to proceed with the 4 candidates.

Agenda Item 7 was the Consent Agenda Item 8 regarding a proposed Land Management Plan from the LAMP Board. This item was sent back to the LAMP board for further discussion and a more clear recommendation.

Agenda Item 8 was the Consent Agenda Item 33 about a resident serving on 2 appointed Boards. After discusson with the attorney, it was determined this would be allowed and did not set a precedent as the Board as the ability to approve any future such situations.

Commissioner’s reports

After a very long day, the Commissioner’s reports were rather light. Of note was Commissioner Whitehurst’s comments that Wednesday, October 18 marked the one year anniversary of the loss of Commissioner Paul Waldron. There will be a memorial celebration of his life sometime in December.

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