Plan ahead for the last County Commissioner’s meeting for 2023!
Tuesday’s meeting will have a Certificate of Recognition acknowledging the Vilano Beach Main Street Board and it’s members along with a Proclamation recognizing January 2024 as Human Trafficking Awareness Month.
Regular Agenda Items
Item 1 on the Regular Agenda is a presentation on the Hidden in Plain Sight Program. Parents of teens will be interested in learning more about this important program.
“Susan Jackson, Executive Director of PACT, has requested the opportunity to do a brief presentation to the Commission on PACT initiatives and to discuss the Hidden in Plain Sight program. The Hidden in Plain Sight trailer will be on site in the County Administration Parking lot for Commissioners and the public to participate. The cargo trailer is staged as a youth’s bedroom designed to provide eye-opening education about dozens of things that could be indicators of risky behaviors or mental health concerns. There is also a slide presentation and backpack demonstration showing parents, grandparents, and adult family members problematic things that may be hidden in plain sight.”
Agenda Item 2 – Award of RFP 23-32 Residential Solid Waste, Recycling and Yard Waste Collection Services
Currently there are multiple contracts for Residential Solid Waste, Recycling and Yard Waste Collection Services in St. Johns County. The contracts expire July 31, 2024. They will consolidate these contracts into one contract. This agenda item is to approve the award to FCC Environmental Services Florida, LLC.
Agenda Item 3 is Design-Build Services for a New SR 207 Water Reclamation Facility and Associated Improvements
This is to enter into a contract with Jacobs Project Management company to complete Scope 1 of Design-Build for the new 207 Water Reclamation Facility. Materials are here: Agenda Item 3
Agenda Item 4 – Summerhaven – Study of Summer Haven River and Surrounding Areas and Study of Summer House Erosion Findings, including potential FEMA Category B emergency protective measures.
“MAJMOD 2023-10 Heritage Park PUD, a request for a Major Modification to the Heritage Park PUD (Ord. 2000-4, as amended) to divide Parcel B into two sections (B-1 and B-2); to add 12 multifamily residential units to the allowable uses for Parcel B-2; to remove the use of a 7,200 sq ft daycare facility from the list of allowable uses on Parcel B; to provide parking and design criteria to Parcel B-2 for the proposed 12 multi-family units; and to provide a revised MDP Text and Map, specifically located at 227 Hefferon Drive.”
Agenda Item 6 – the 2023 Affordable Housing Advisory Committee Annual Report. Full report is here: AHAC Annual Report
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A day with a light Agenda turned out to be very eventful!
The morning began on a positive note with a Presentation in Remembrance of Paul Waldron, ”Beloved District 3 County Commissioner.
While a video honoring Commissioner Waldron’s life played on the monitors, all Commissioner’s gathered for the presentation. There were several former and current county employees in the audience.
Commissioner Whitehurst introduced former District 2 Commissioner Jeb Smith, who read a touching tribute to Commissioner Waldron. The Waldron family was present to accept the proclamation.
Director Jason Caban represented SJSO for the reminded the public that amongst the Holiday shopping there is a rise in scams and frauds. He urged the public to be aware of potential fraud if someone is asking you for personal or banking information or asking you to pay for something with gift cards. He also noted there will be an increase in patrols in heavily trafficked areas.
Acting Chief McGhee from the Fire Rescue shared that the current fire fighter recruitment class is entering it’s final week of training and will be graduating on December 15.
Clerk of the Court Brandon Patty continued with the fraud and scam theme and reminded residents that they can sign up for free fraud alerts related to their property. The link to sign up for these alerts is here: Fraud Alerts – Clerk of the Court
The Public Infrastructure team provided a brief update on the 24 on-going Infrastructure Projects.
Legislative Affairs updates included that the Governor submitted his budget recommendations for 2024 – 2025. Senator Hutson had mentioned at the Joint Meeting with the School Board a bill he was proposing to help with school construction. That bill is SB 7002 and is in play now. It removes some of the requirements on school construction thus lowering costs. Watch here: Legislative Affairs Update
update on SB 7002House Beach Restoration Projects
Consent Agenda was passed with no comment from the Commissioners or the pubilc, a rare thing.
Agenda Items
Agenda Item 1 – Approval of a Memorandum of Understanding (MOU) between St. Johns County and Twin Creeks Development Associates, LLC and Award of IFB No: 23-94 CR 210 Widening from Trinity Way to Beachwalk Boulevard
This is a resolution to a long standing concern about the widening of CR 210. The developer was responsible for widening to a 4 lane road. Since that first commitment, the county determined CR 210 needs to be a 6 lane road to accommodate the traffic flow.
This MOU brings the project to a point that construction can begin. Watch the presentation here: Twin Creeks MOU video
There were 3 motions – 1) approving a Memorandum of Understanding (MOU) between St. Johns County and Twin Creeks Development Associates LLC and Twin Creeks Ventures, LLC regarding a good faith dispute about the widening of CR 210. 2) a motion to award the bid for the widening to Watson Civil Construction and 3) to transfer the $2,100,000 from the Transportation Trust Fund to pay for the project. Approved 5-0
Agenda Item 2 – Request for a Major Modification to the Twin Creeks PUD to add a new access connection point along CR 210 West for the Light Industrial parcel located to the south.
This was approved with little discussion, 5-0.
Agenda Item 3- Request for a Major Modification to the Race Track Road PUD to revise commercial and office square footage to accommodate construction of a Personal Property Mini-Warehouse (Self-Storage) facility, which is an allowable use within the PUD.
This item requested a waiver for the distance from residential to the personal storage warehouse and changed the sq. footage allowance to allow a bigger warehouse. A personal storage warehouse could already be built on the site with no approval required.
The location selected for the building allows the developer to retain all existing trees in the development. They will also plant additional trees for screening of the back of the building.
Benefits presented were lower traffic counts than if another doctor’s office or restaurant were to be built there (both currently allowable uses.)
Concerns were raised about traffic. The traffic engineer walked through the traffic counts to demonstrate it would be lower traffic than other uses in the development.
Disclaimer: I spoke and noted that there is another self storage warehouse directly across the street from Durbin Creek Elementary. Having watched the traffic at that location for the months since this project was announced, I had noted there is rarely any traffic at the self-storage building which supports the premise of low traffic counts.
This was approved 4-1 with Joseph being the “no” vote.
Agenda items 4, 5, and 6 were approve with little comment.
Agenda Item 4 – Bennett Road Easement – Non -zoning variance requested to allow access for 1 additional home on Bennett Road. Approved 5-0
Agenda Item 5 – Big Pine Drive – Request for use of an existing non-paved roadway to access a non-residential development. Approved 4-1 (Joseph)
Agenda Item 6 – Villages of St. Augustine – request to add Class III Geriatric Acute Care Psychiatric Specialty Hospital for seniors 55 and older as an allowed use within the PUD. Approved 5-0
Agenda Item 7 – Appointments to the Recreation Advisory Board – Marithza Ross was reappointed to the Recreation Advisory Board 5-0
Agenda Item 8 – Appointments to the Planning and Zoning Agency – Dr. Richard Hilsenbeck was reappointed 5-0. Meagan Perkins was reappointed 4-1 (Joseph)
Commissioner’s Reports
Commissioner Joseph took the opportunity to congratulate her husband, Dr. Ron Joseph. He and his sister were elected to the US Hall of Fame for Figure Skating earlier in the week. A short video was played showing their 1964 performance. Commissioner Joseph noted that they are still the only US Jewish Olympic medalists.
Commissioner Alaimo has been meeting with residents of Shore Drive and listening the their concerns about the proposed trail. He also sent congratulations to the St. Augustine High School football team as they head to the State Championship game this weekend.
Commissioner Whitehurst spent a few moments acknowledging the passing of Sgt. Major Ray Quinn and shared some lessons learned from Sgt. Major Quinn, who had also served as Commissioner in St. Johns County. Sgt. Major Quinn had been a source of wisdom for Commissioner Whitehurst when he was elected.
Commissioner Dean‘s comments were of a more somber nature. By now you may have seen some of the media coverage of his comments.
Note that this blogger tries to maintain an objective note and provide information that you can use to form your own opinions. In that vein, I will share what Commissioner Dean stated and provide a link to the video so you can watch for yourself.
Commissioner Dean made it clear that this was an uncomfortable position. He said he “does not enjoy doing it” but felt compelled to act on what had occurred at the last Commissioner’s Meeting (November 21.) He made reference to Commissioner Joseph giving a “several minute campaign speech” which he interrupted on a Point of Order. Commissioner Dean believes this speech may have violated Florida Election Law. Specifically, he mentioned Florida Statute 104.31.
Commissioner Dean presented a 2 part motion. First to censure Commissioner Joseph for her comments and second to ask the Chairwoman to seek outside counsel who could come back to the commission with a recommendation about what should be done, if anything.
After hearing Public Comment, the Commissioner’s voted 4-1 (Joseph being the no vote) to censure Commissioner Joseph and to hire outside counsel to determine if there has been a violation of Florida Election law.
County Attorney’s Report – Mr. Migut discussed the Election Canvassing Board. By law, the Canvassing Board is composed of a County Court Judge, the Supervisor of Elections, the Chair of the County Commissioners and one alternate. A Commissioner cannot serve as alternate if there is a conflict of interest.
Because 3 Commissioners (Alaimo, Whitehurst, Dean) have indicated they will run for re-election in 2024, they are disqualified from serving on the Canvassing Board.
Commissioner Joseph indicated her intent to endorse a candidate for President and for the Primary and General elections in St. Johns County. That disqualifies her from serving on the Canvassing Board.
Commissioner Whitehurst was selected to serve as the representative to the Canvassing Board for the Presidential Preference election.
The Circuit Judge will select an alternate for the Primary and General elections.
Attorney Migut also brought up that there are Rules and Policies that prohibit campaigning in county buildings. These Rules and Policies are located in a number of different places. Mr. Migut asked for Board consensus to bring all the different rules into a central document for ease of reference.
The Chair of the Board of County Commissioner’s serves on the Canvassing Board. There are 2 elections in 2024 that will need an alternate member of the Board of Commissioners to serve on the Canvassing Board; the Presidential Preference and the combined Primary/General Election. Because of conflicts of interest, none of the other 4 Commissioners can serve. Commissioner Joseph is endorsing candidates in both elections and the other 3 Commissioners are up for election. Commissioner Whitehurst was selected to serve on the Canvassing Board for the Presidential Preference election. The Circuit Judge will need to appoint an alternate for the combined Primary/General election. By consensus, Attorney Migut will bring together all the various rules around campaigning in public buildings into one central document for ease of access.
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In the opening portion of the meeting, there will be a “Special Presentation in remembrance of Paul Waldron, beloved District 3 County Commissioner.”
Certainly Commissioner Waldron was well known and loved , not only in District 3, but across the County. Commissioner Waldron was a wealth of knowledge and happy to share and educate all of us. I anticipate a full-house for this Presentation.
Consent Agenda
There are 35 items in the Consent Agenda for Tuesday. Some highlights:
Consent Agenda Items 6 and 7 are related to construction easements needed for the CR 210 Widening project from Cimarrone Blvd. to Greenbriar Rd. and construction of a portion of County Road 2209 between International Golf Parkway (IGP) and Silverleaf Parkway
Consent Agenda Item 18 is of interest to those who travel US 1 often. This is the much needed “State Funded Grant Agreement from the Florida Department of Transportation (FDOT) for Pine Island Road Intersection Improvements”
“The Florida Department of Transportation (FDOT) and County have identified the need for a signalized intersection at US 1 and Pine Island Road. The FDOT has allocated $2,000,000 for the County to use for design, permitting, construction. post design services and construction engineering inspection (CEI) for improvements at the US1/Pine Island Road intersection, including re-aligning Pine Island Road, signalizing the intersection, adding railroad signal preemption, adding a northbound right-turn lane, and incorporating a multi-use trail-head as feasible. The County has also budgeted $1,900,000 for this project. These funds are currently identified in the FY 2024 budget.”
Consent Agenda Item 19 is another intersection improvement, “State Funded Grant Agreement from the Florida Department of Transportation (FDOT) for Intersection Improvements of SR A1A corridor.”
“The Florida Department of Transportation (FDOT) has identified the need for intersection improvements on the SR A1A corridor. The FDOT has allocated $6,000,000 for the County to use for design, construction and construction engineering and inspection (CEI) for the intersection improvements on SR A1A corridor. These funds are currently identified in the FY 2024 budget.”
Regular Agenda Items
Agenda Item 1 – Approval of a Memorandum of Understanding (MOU) between St. Johns County and Twin Creeks Development Associates, LLC and Award of IFB No: 23-94 CR 210 Widening from Trinity Way to Beachwalk Boulevard
“The Board of County Commissioners approved the Twin Creeks Development Order on August 9, 2005 that was amended on August 18, 2015 and September 1, 2021. Since the approval of the Development Order a good faith dispute has arisen in relation to the responsibility for the widening of the Gap on CR 210 and the financial responsibility for such widening. In an effort to resolve this dispute this Memorandum of Understanding (MOU) sets forth their common understanding and interpretation as to the manner in which construction of the 6-Lane Roadway will be performed. The purpose of the project is to complete the 6-lane widening of County Road 210 from Trinity Way to Beachwalk Boulevard, and includes improvements of the roadway, drainage, signage, pavement markings and maintenance of traffic. The Purchasing Department issued an Invitation for Bids (“IFB”) in accordance with SJC Purchasing Policy, and four (4) bids were submitted, with the lowest, responsive, responsible bid being submitted by Watson Civil Construction, Inc, at the lump sum bid price of $12,586,631.05 for the Base Bid and Alternate #1 for the Temporary Traffic Control Plan. Local Preference did not apply in this instance as the low bidder is a Local Business. Additional funding in the amount of $2,100,000 from Transportation Trust Fund Reserves is needed to award the contract. The Memorandum of Understanding provides a resolution of a good faith dispute concerning the responsibility for the widening of the gap on CR 210 from the western boundary of the DRI to C.E. Wilson Road and the financial responsibility for such widening. Staff recommends Board approval to award IFB No: 23-94 to Watson Civil Construction, Inc, and to execute a contract in substantially the same form and format as attached for completion of the project as specified in the IFB. Due to the size of the Exhibits and Attachments, they are available upon request from Jaime Locklear”
This is a request for a modification to the Race Track Road PUD to allow a Personal Property Mini-Warehouse facility, an allowable use in the existing PUD. This request is to modify the square footage allocated for the warehouse facility. The PZA recommended this for approval on October 19 with a 5-1 vote.
Agenda Items 4 & 5 are Non-Zoning variance approvals for changes to easements and private roadways.
Agenda Item 6 – Villages of St. Augustine – adding a Class III Geriatric Acute Care Psychiatric Specialty Hospital for seniors 55 and older as an allowed use within the PUD. The PZA recommend approval on October 19 with a 6-0 vote.
Agenda Item 7 – Appointment to the Recreation Advisory Board – The District 4 representative resigned. The Board is recommending Marithza Ross to fill that position.
Agenda Item 8 – Appointments to the Planning and Zoning Agency – 2 positions on the PZA have expired. The PZA is recommending the reappointment of Dr. Richard Hilsenbeck and Meagan Perkins .
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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.
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. 5th 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.”
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.
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.
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.
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.
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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 248th Birthday of the U. S. Marine Corp.
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 4th 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:
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.
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
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 4th 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.
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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Beth Tate 