Plan now for the January 16, 2024 BOCC Meeting
In the regular updates for the BOCC meeting Tuesday there are 2 proclamations; the first to recognize 100 years of the St. Augustine Art Association and the second to recognize Patti Greenough Day.
Public Comment is time certain at 11:30 and we can expect some lively public comment on Tuesday. Why? Because of Regular Agenda Item 15. This item is for the Commissioners to hear the result of outside counsel’s investigation into whether or not Commissioner Krista Joseph violated Florida statutes in the December 5, 2023 County Commissioner’s Meeting.
Since the County’s receipt of the letter from outside counsel, Commissioner Joseph has filed a Federal lawsuit against the other 4 Commissioners and the Florida State’s Attorney, R. J. Larizza.
Because of the open litigation, Agenda Item 15 is now slated to be pulled from the agenda according to to a Press Release received on Friday (content below.)
Prior to this Press Release, supporters of Commissioner Joseph had begun encouraging residents to attend and speak up in support of Commissioner Joseph. We can expect that, even though the Agenda item is intended to be pulled, the supporters will still be present to speak during General Public Comment.
I cannot find the Press Release on the County website but am sharing the content here.
The Chair of the County Commissioners has also released a statement in response to the lawsuit filed by Commissioner Joseph. See links below.
Press Release on Agenda Item 15
St. Johns County Attorney’s Office Intends to Request Board of County Commissioners Approval to Pull Item 15 on Commissioner Conduct from the January 16 Regular Meeting
ST. JOHNS COUNTY, Florida, January 12, 2024 – On January 12, 2024, the County Attorney’s Office for the St. Johns County Board of County Commissioners (BOCC) announced their intention to ask the BOCC on Tuesday, January 16 to pull Item 15 on a presentation from outside counsel to provide a legal analysis related to commissioner conduct from the Regular Agenda as originally posted for time certain at 1 p.m. and subsequently request a special “shade meeting” to discuss the item to be held at a later date as permitted by Section 286.011(8), of the Florida Statutes.
The background information on item 15 is:
***THE FOLLOWING ITEM IS TIME CERTAIN AT 1:00 PM*** Presenter: Raymond Treadwell, Esq., Lawson Huck Gonzalez, PLLC Staff Member: David Migut, County Attorney 15. Outside Counsel Presentation. At the December 5, 2023 Board of County Commissioners meeting, the Board passed a motion that included retaining outside counsel to provide a legal analysis related to commissioner conduct. On December 7, 2023, the County entered into an agreement with Raymond Treadwell, Esquire, Shareholder with Lawson Huck Gonzalez, PLLC for such services. Mr. Treadwell has provided a written legal opinion and will present his findings to the Board.
Section 286.011(8), Florida Statutes, provides a limited exception to this general openness requirement and makes litigation strategy or settlement meetings private when they are held between a board and its attorney and the board is a party before a court or administrative agency. The statute limits the persons who may attend such a meeting, the subject of any such meeting, and the length of time the record of the meeting may be kept closed. The records of the meeting become public at the conclusion of litigation. The statute provides:
“(8) Notwithstanding the provisions of subsection (1), any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision, and the chief administrative or executive officer of the governmental entity, may meet in private with the entity’s attorney to discuss pending litigation to which the entity is presently a party before a court or administrative agency, provided that the following conditions are met:
(a) The entity’s attorney shall advise the entity at a public meeting that he or she desires advice concerning the litigation.
(b) The subject matter of the meeting shall be confined to settlement negotiations or strategy sessions related to litigation expenditures.
(c) The entire session shall be recorded by a certified court reporter. The reporter shall record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the session shall be off the record. The court reporter’s notes shall be fully transcribed and filed with the entity’s clerk within a reasonable time after the meeting.
(d) The entity shall give reasonable public notice of the time and date of the attorney client session and the names of persons who will be attending the session. The session shall commence at an open meeting at which the persons chairing the meeting shall announce the commencement and estimated length of the attorney client session and the names of the persons attending. At the conclusion of the attorney client session, the meeting shall be reopened, and the person chairing the meeting shall announce the termination of the session.
(e) The transcript shall be made part of the public record upon conclusion of the litigation.”
End Press Release Content
Link to Agenda Item 15: Agenda Item 15
Link to Commissioner Joseph’s lawsuit: Joseph Federal Lawsuit
Link to Commissioner Arnold’s statement: BOCC Chair Statement on lawsuit
Consent Agenda Items
There are 40 items on the Consent Agenda for Tuesday. Many of them are Final Plat approvals for developments or approval of Utility Easement Agreements.
Regular Agenda Items:
Agenda Item 1 – Vermeer Southeast Sales & Services, Inc. Economic Development Incentive Request.
This item is to review an application for economic development incentives in the amount of $118,784. Vermeer Southeast Sales & Services is a construction equipment business serving agricultural and manufacturing operations. This project would establish their regional headquarters in St. Johns County.
Read the presentation here: Agenda Item 1
Agenda Item 2 –2024 Roadway and Transportation Alternatives List of Priority Projects (LOPP)
Each year FDOT and the North Florida Transportation Planning organization request projects from local governments for potential funding through FDOT’s Work Program. This is important to our infrastructure because this is when we as a county prioritize the roadway and transportation projects that need funded.
The county has a Transportation Advisory Group consisting of County staff, City Staff, St. Augustine Beach staff, The School District, the Sheriff’s Office, and the Airport Authority as well as some of the civic organizations in the county. This group met November 17 to review the list that is being presented on the 16th.
Read the full presentation and list here: Priority Projects
There is a long list of projects; some key areas noted include SR 16 from IGP to SR 312, CR 2209 from SR 9B to SR 16, Palm Valley Road from ICW to Mickler Road, the SR 312 Extension from SR 207 to US1, and a feasibility study for new orad and interchange with I-95 at Big Oak Road.
Agenda Item 3 – Petition to create the Greenbriar CDD to serve the Greenbriar Helow Planned Unit Development (PUD)
Many of us who move to Florida from other states are not familiar with the concept of CDDs. Here the CDDs are used to “fund improvements to roadways, stormwater, site amenities, landscaping, irrigation, and water/sewer.” In this methodology, only the residents of that CDD are paying for these services that may otherwise be funded out of general tax revenues for the county.
This agenda item is to approve the structure and funding of the CDD for this portion of the Greenbriar Helow community to be constructed in the future.
Full presentation at this link: Agenda Item 3
Agenda Item 4 – Sandy Creek PUD
This is a request to modify an existing PUD, Sandy Creek, to add a secondary access to CR 210, remove the allowed industrial entitlements and add multi-family and single family units. The Sandy Creek PUD is located on the south side of CR 210 at Sandy Creek Parkway and CR 210. The Planning and Zoning Agency heard this request on December 7, 2023. A split vote of 3 – 3 meant a recommended technical denial.
Read the presentation here: Agenda Item 4
Agenda Items 5 and 6 – 4400 South Francis
These two items are a request for a Comprehensive Plan Amendment to amend the Future Land Use Map from Rural/Silviculture to Mixed Use District and to rezone from Open Rural to Planned Unit Development to allow for commercial uses on 23.7 acres of land located at 4400 South Francis Road (World Golf Village area.)
Links to materials are here: Agenda item 5 and Agenda Item 6
Agenda Item 7 – Baker Property Rezoning
This is a request to rezone 3.07 acres of land at 1020, 1040, & 1060 State Road 16 from Open Rural and Commercial Intensive to Commercial Intensive. The PZA unanimously recommended approval.
Materials are here: Agenda Item 7
Agenda Item 8 – 4656 First Avenue rezoning
This request is to rezone approximately .34 acres of land from Commercial General (CG) to Residential,Single Family (RS-3), located at 4656 First Avenue. This property is located in the Airport District.
Materials are here: Agenda Item 8
Agenda Item 9 – Second Reading of the St. Johns County Beach Code revisions
This is the second reading of the Beach Code revisions that were presented at the November 7, 2023 Commissioner’s Meeting.
Current materials are here: Beach Code Ordinance Update
Agenda Item 10 – Second Reading of the proposed amendment to the St. Johns County Affordable Housing Advisory Committee Ordinance
This is the second reading of the updates to the required make-up of the Affordable Housing Advisory Committee Ordinance. This brings the ordinance in line with updated Florida Statute requirements.
Materials are here: AHAC Ordinance Update
Agenda Item 11 – Second reading of the Golf Cart, Low Speed Vehicles and Mini Trucks ordinance
This is the second reading of the updated county ordinance related to Golf Cars, Low Speed Vehicles and Mini Trucks. This brings the county ordinance in line with the revised state statute that went into effect in 2023.
Materials here: Golf Cart Ordinance
Agenda Item 12 – Appointment of a St. Johns County Representative to the Northeast Florida Regional Council
Have you heard of the Northeast Florida Regional Council? There are 10 Regional Councils in Florida, established by statute in 1977. St. Johns County is represented by a County Commissioner on the Regional Council. This item is to appoint a new representative to the Council.
Learn more about the council here:
Northeast Florida Regional Council
Agenda Item 13 – Appointments to the South Anastasia Design Review Board
This is interesting because there is an apparent lack of resident interest in the South Anastasia Design Review Board. There are 4 vacancies on the Review Board because of expired terms.
“Some of these vacancies have been advertised multiple times since their occurrence, with the latest vacancy advertisement being placed in January 2023. Please note due to lack of a quorum, the South Anastasia Design Review
Board (SADRB) has been unable to meet. In light of not being able to obtain a quorum, staff is requesting a waiver from Board Policy Rule 2.202.C to make the appointments without recommendations from SADRB.”
What is the South Anastasia Design Review Board? From the County website:
“Purpose: The purpose of the South Anastasia Design Review Board is to protect and preserve the “Old Florida” style, rural beach community in the South Anastasia Overlay District and achieve specific goals and objective of the St. Johns County Comprehensive Plan. The Design Review Board’s (DRB) primary responsibility is to determine compliance with Part 3.07.00 South Anastasia Overlay of the St. Johns County Land Development Code, Ordinance 99-51, as amended.General Qualifications: Applicants serving as Alternate members will have voting privileges only in the absence of one or more regular members. Applicants must reside within the South Anastasia Overlay District. Members serve a term of four (4) years.”
Check out this map to see if you live in the South Anastasia Overlay District – be part of the decisions going forward!
Agenda Item 14 – Appointments to the Ponte Vedra Zoning & Adjustment Board
After the recent vote on the Ponte Vedra Inn and Club PUD, 3 members of the Ponte Vedra Zoning & Adjustment Board (PVZAB) resigned. One other member’s term expired so there are 4 vacancies. The member who’s term expired has re-applied.
Materials and recommendations are here: Agenda item 14
Agenda Item 15 – Outside Counsel Presentation
See above information about Agenda Item 15.
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Beth Tate 