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[00:00:02]

>> GOOD AFTERNOON. I'D LIKE TO CALL THIS MEETING OF THE CITY COMMISSION TO ORDER,

[1. CALL TO ORDER]

THE CITY COMMISSION OF THE CITY OF ST. AUGUSTINE, AND ASK THE CLERK TO PLEASE CALL THE ROLL.

>> TRACY UPCHURCH.

>> PRESENT.

>> NANCY SIKES-KLINE.

>> HERE.

>> ROXANNE HORVATH.

>> HERE.

>> STANN [INAUDIBLE].

>> HERE.

>> BARBARA PONDER.

>> HERE.

>> THANK YOU. ALL THE COMMISSIONERS ARE PRESENT. WE HAVE A QUORUM.

WE ARE HONORED THIS AFTERNOON TO HAVE CYNTHIA GARRIS, LONG-TIME EMPLOYEE THE CITY AND A DEAR FRIEND OF THE CITIES TO GIVE THE INVOCATION AND I'LL ASK YOU TO STAND AND REMAIN STANDING FOR THE PLEDGE.

>> FATHER GOD, THANK YOU FOR THIS OPPORTUNITY TO SAY A WORD OF PRAYER FOR THE COMMISSION GOD.

OH, GOD, I ASKED THAT YOU BE WHAT EVERYONE THAT IS SEATED IN THIS PLACE THIS FINE DAY.

OH, GOD LET THIS BE A PRODUCTIVE MEETING.

LET THEM GO FORWARD AND MAKE GOOD DECISIONS THAT ARE BEST FOR THE CITY OF [INAUDIBLE].

O JESUS BE A FENCE ALL AROUND THIS PLACE GUY AND GIVE EVERYBODY SAFE PASSAGE AS THEY LEAVE THIS PLACE TO GO BACK TO THEIR HOME DWELLING.

OH GOD, YOU KNOW, EVERYTHING THAT NEEDS TO BE DONE AND WE NEED YOU TO WORK WITH THEM, WORK THROUGH THEM TO MAKE THIS SITUATION BETTER FOR THE RESIDENCE.

OH, GOD, THANK YOU FOR THE CITY EMPLOYEES.

THANK YOU THAT THEY WORKED DILIGENTLY BEHIND THE SCENES TO GET THINGS DONE.

THANK YOU FOR OUR CITY MANAGER THAT TRIES TO OVERSEE HIS STAFF.

OH, GOD, BE A FENCE AROUND THE POLICE OFFICERS AS THEY NAVIGATE TO KEEP OUR STREETS SAFE, BE A FENCE OF PROTECTION AROUND OUR FIREFIGHTERS AS THEY GO TO MAKE SURE OUR HOMES ARE SAFE.

OH, JESUS, JUST THANK YOU FOR THE GIFT OF RIGHT NOW FOR THIS VERY MOMENT THAT WE CAN CALL UPON YOU TO JUST DO YOUR WILL GOD.

OH, GOD WATCH OVER THE MAYOR AND THE VICE MAYOR AND THE OTHER CITY COMMISSIONERS GOD.

LET THEM WORK UNITED TOGETHER TO MAKE THE CITY STRONGER.

BECAUSE WE NEED A STRONG CITY, THE WORLD IS FALLING APART AROUND US AND WE NEED TO KEEP ST. AUGUSTINE'S STRONG.

SO WE NEED YOUR LEADERSHIP LORD TO RAIN DOWN UPON US.

IN THE NAME OF JESUS. AMEN.

>> PLEASE JOIN ME FOR THE PLEDGE OF ALLEGIANCE.

>> PLEASE BE SEATED. THANK YOU VERY MUCH MS. GARRIS.

MR. REAGAN AND COMMISSIONERS,

[2. ADMINISTRATIVE ITEMS]

ARE THERE ANY MODIFICATIONS TO THE REGULAR AGENDA?

>> THE CITY MANAGER HAS NO MODIFICATIONS.

>> I WOULD LIKE TO ASK FOR AN ADDITIONAL ITEM UNDER CITY ATTORNEY.

IT WOULD BE A TEMPORARY EASEMENT FOR OUR NEIGHBORS AT THE NATIONAL GUARD TO WORK ON THEIR SEAWALL.

>> OKAY. ARE THERE ANY OTHER AMENDMENTS TO THE AGENDA? IS THERE A MOTION TO APPROVE THE AGENDA WITH THE ONE ADDITION REQUEST ABOUT MISS LOPEZ?

>> I SAY MOVE.

>>IS THERE A SECOND?

>> SECOND.

>> THANK YOU. I HAVE A MOTION AND A SECOND.

ALL IN FAVOR OF THE AGENDA AS RESTATED, PLEASE SIGNIFY BY SAYING AYE.

>> AYE.

>> ANY OPPOSED? THANK YOU.

THE AGENDA IS RESTATED WITH THE ONE ADDITION.

WE HAVE TWO SPECIAL PRESENTATIONS AND FOR THE FIRST,

[3.B. Presentation of the George Gardner Award by Melinda Rekoncay, President of The Neighborhood Council of St. Augustine. (J. Regan, City Manager)]

I'D LIKE TO CALL UPON THE CITY MANAGER, MR. REAGAN.

>> MAYOR, COMMISSIONERS. GOOD EVENING.

THIS FIRST ITEM IS A PRESENTATION OF THE GEORGE GARDENER AWARD BY MELINDA RAKONCAY, A PRESIDENT IN THE NEIGHBORHOOD COUNCILS, ST. AUGUSTINE.

IT'S A NEWLY CREATED AWARD.

SO THIS IS THE FIRST EVENING, AND I'LL LEAVE THE DETAILS TO MS. RAKONCAY TO INTRODUCE THE WORD ITSELF AND THE RECIPIENT.

>> THANK YOU VERY MUCH, MS. RAKONCAY, IF YOU'D PLEASE COME UP AND THANK YOU FOR BEING HERE AND WITH HER SALLIE GARDENER AND MS. GARDNER.

WELCOME. IF YOU WANT TO COME TO HOWEVER, WE'VE GOT A MICROPHONE [INAUDIBLE] [LAUGHTER]

>> YES. THE NEIGHBORHOOD COUNCIL ON THE DEATH OF GEORGE GARDENER THIS SPRING IMMEDIATELY DECIDED THAT WE WANTED TO HAVE AN AWARD IN HIS HONOR TO KEEP HIS MEMORY ALIVE.

[00:05:04]

I'D LIKE TO ALSO INVITE RUBEN FRANKLIN AND HIS WIFE EMMY TO THE FRONT.

THEY ARE GOING TO BE THE FIRST RECIPIENTS OF THE AWARD.

[APPLAUSE]

>> WHAT WOULD RUBEN DO WITHOUT AMY? THE GEORGE GARDENER AWARD WAS RECREATED BY THE NEIGHBORHOOD COUNCIL, ST. AUGUSTINE, TO HONOR THE LOVE THAT MAYOR GEORGE GARDENER HAD FOR BOTH THE CITY OF ST. AUGUSTINE AND IT'S RESIDENTIAL NEIGHBORHOODS.

WHILE MAYOR BETWEEN 2002 AND 2006, IT WAS GEORGE GARDENERS IDEA TO CREATE NEIGHBORHOOD ASSOCIATIONS TO REPRESENT THE VARIOUS UNIQUE RESIDENTIAL NEIGHBORHOODS THROUGHOUT ST. AUGUSTINE.

THESE NEIGHBORHOOD ASSOCIATIONS WOULD BE UNITED UNDER THE UMBRELLA OF THE NEIGHBORHOOD COUNCIL, OF ST. AUGUSTINE, WHICH WOULD BE REGULARLY TO DISCUSS THE NEEDS OF THE NEIGHBORHOOD AND REPRESENT THEM BEFORE THE CITY.

THE NEIGHBORHOOD COUNCILS, ST. AUGUSTINE, HAS GROWN TO TEN NEIGHBORHOOD ASSOCIATIONS AND STILL OPERATES UNDER MAYOR GARDENER'S ORIGINAL VISION, WHICH WAS TO ACT AS A BRIDGE BETWEEN THE CITY GOVERNMENT IN ITS RESIDENTIAL NEIGHBORHOODS.

FROM WORKING WITH THE CITY, THE COUNCIL HAS FOUND THAT THERE ARE MANY DEDICATED CITY EMPLOYEES WHO GIVE THEIR TIME TO MAKE ST. AUGUSTINE'S RESIDENTIAL NEIGHBORHOOD BETTER PLACES TO LIVE.

IT IS FOR THE PURPOSE OF RECOGNIZING AND ENCOURAGING STRONGER BONDS BETWEEN THE CITY GOVERNMENT, IT'S RESIDENTIAL NEIGHBORHOODS THAT THE GEORGE GARDENER AWARD WAS CREATED.

RUBEN FRANKLIN HAS BEEN CHOSEN AS THE FIRST RECIPIENT BECAUSE OF HIS DEDICATION IN 2017, WHEN HE FIRST TOOK THE NEWLY CREATED POST OF MOBILITY DIRECTOR.

WHILE PLANNING A BIG LONG-TERM PLAN FOR MOBILITY WAS HIS ASSIGNMENT, RUBEN REALIZED THAT THERE WERE MANY SIMPLE MOBILITY PROBLEMS THROUGHOUT THE VARIOUS NEIGHBORHOODS THAT COULD BE FIXED QUICKLY AND PUT INTO THE CITY BUDGET.

HE SPENT MANY AFTER OUR WORKS, EIGHT HOURS IN EVENINGS AND ON WEEKENDS, MEETING AND WALKING THE NEIGHBORHOOD STREETS, LISTENING TO RESIDENTS AND THEIR NEEDS.

ALL THIS DONE WHILE HIS WIFE, EMMY, WHO WAS PREGNANT WITH HER FIRST CHILD.

RUBEN, OFTEN HAD TO PREFACE THE MEETINGS WITH HE MIGHT HAVE TO DROP EVERYTHING AND TAKE HIS WIFE TO HOSPITAL.

THAT'S THE KIND OF DEDICATION, RUBEN HAD.

HE FOLLOWED THROUGH AND MADE SURE THAT ALL ITEMS, ISSUES WERE ADDRESSED.

RUBEN WAS ALWAYS WILLING TO PICK UP THE PHONE AT ANYTIME OF DAY AND LISTEN TO A RESONANCE COMPLAINT OR REQUEST.

ALTHOUGH HE MOVED ON TO BECOME DIRECTOR OF PUBLIC WORKS, THE NEIGHBORHOODS ASSOCIATIONS HAVE NOT FORGOTTEN HIS EARLY DAYS WHEN HE TOOK SO MUCH OF HIS PERSONAL TIMES TO LISTEN AND TAKE CARE OF THEIR CONCERNS.

RUBEN FRANKLIN HAS DONE MUCH TO OPEN COMMUNICATION AND BUILD TRUST BETWEEN THE CITY AND THE NEIGHBORHOOD ASSOCIATIONS.

HE CONTINUES TO ALWAYS BE READY TO TALK TO, AND ADDRESS THE CONCERNS OF THE RESIDENTS.

THIS KIND OF CLOSE WORKING RELATIONSHIP BETWEEN THE CITY AND ITS NEIGHBORHOODS IS SOMETHING GEORGE GARDENER WOULD BE DELIGHTED TO SEE.

[APPLAUSE] ANOTHER AWARD FOR YOUR OFFICE RUBEN.

BUT NOW RUBEN HAS REALLY DONE SO MUCH TO REALLY BUILD THAT BRIDGE BETWEEN THE CITY GOVERNMENT AND ITS NEIGHBORHOODS, AND LET THEM KNOW HOW MUCH THE CITY REALLY CARES.

THE PERSONAL TIME HE HAS PUT INTO IT IS GREATLY APPRECIATED.

WE KNOW THAT THERE ARE SO MANY OTHER CITY EMPLOYEES OUT THERE THAT DO THE SAME KIND OF THING.

WE ENCOURAGE ALL OF YOU TO PLEASE WORK WITH YOUR NEIGHBORHOODS AND GET TO KNOW THEM.

GET TO KNOW THE NEIGHBORS AND PEOPLE THAT YOU SERVE AD LIKEWISE, LET THE NEIGHBORS GET TO KNOW THE WONDERFUL EMPLOYEES THAT THE CITY HAS.

THIS IS TRULY A GREAT CITY TO LIVE IN.

THANK YOU. [APPLAUSE]

>> IT'S TRULY AN HONOR. I KNEW GEORGE.

[INAUDIBLE]

>> THANK YOU. I WANT TO CONTINUE TO WORK IN THE SPIRIT OF THIS AWARD AND THANK MY BEAUTIFUL WIFE EMMY, AS MELINDA SAID, AND THERE'S MANY HOURS WE'RE EXPECTING OUR FIRST CHILD AND I WAS OUT AND EMMY ALLOWED ME TO DO THAT.

[00:10:03]

I'D ALSO LIKE TO THANK STAFF THAT WORK WITH ME.

AS YOU SAID, I WAS IN A POSITION TO INTERFACE WITH THE NEIGHBORHOODS, BUT IT TOOK AN ENTIRE TEAM TO MAKE A LOT OF THAT COME INTO FRUITION.

SO THANK YOU AND IT'S TRULY AN HONOR.

SO THANK YOU VERY MUCH.

[APPLAUSE]

>> RUBEN. CONGRATULATIONS ON BEHALF OF ALL THE COMMISSION AND THANK YOU, MELINDA AND MS. GARDNER FOR THIS RECOGNITION.

OUR SECOND ITEM IS A PROCLAMATION.

[3.C. Proclamation 2021-17: Proclaiming National Hispanic Heritage Month from September 15 to October 15. (T. Upchurch, Mayor)]

THIS IS 2021,17, PROCLAIMING NATIONAL HISPANIC HERITAGE MONTH FROM SEPTEMBER 15TH TO OCTOBER 15TH.

ITS PROCLAMATION OF THE CITY OF ST., IT'S BRAND NEW, AND I PROBABLY BROKE IT, A PROCLAMATION IN THE CITY OF ST. AUGUSTINE.

WHEREAS NATIONAL HISPANIC HERITAGE MONTH AS OBSERVED FROM SEPTEMBER 15TH TO OCTOBER 15TH, TO CELEBRATE THE HISTORIES, CULTURES, AND CONTRIBUTIONS OF AMERICAN CITIZENS WHOSE ANCESTORS CAME FROM SPAIN, MEXICO, THE CARIBBEAN, AND CENTRAL AND SOUTH AMERICA, AND WHERE'S THE OBSERVANCE WAS BORN IN 1968 WHEN CONGRESS AUTHORIZED THE PRESIDENT ISSUE, AND ANNUAL PROCLAMATION DESIGNATING NATIONAL HISPANIC HERITAGE WEEK, JUST TWO DECADES LATER, LAWMAKERS EXPANDED IT TO A MONTH-LONG CELEBRATION, AND WHEREAS REFLECTING THE REMARKABLE DIVERSITY, OF THE AMERICAN PEOPLE, HISPANICS REPRESENT A WIDE RANGE OF NATIONALITIES AND BACKGROUNDS, AND LIKE SO MANY AMERICANS, HISPANICS HAVE OVERCOME GREAT OBSTACLES TO PERSEVERE AND FLOURISH IN EVERY SECTOR OF OUR SOCIETY WITH ENDURING VALUES OF FAITH AND FAMILY HARD WORK AND SACRIFICE, HISPANICS HAVE PRESERVED THE RICH HERITAGE OF GENERATIONS PAST WHILE CONTRIBUTING MIGHTILY TO THE PROMISE OF OUR NATION FOR THEIR CHILDREN AND GRANDCHILDREN.

WHEREAS THE INFLUENCE IN HISTORY OF HISPANICS IN ST. AUGUSTINE HAS BEEN PROFOUND AND A POSITIVE ENRICHMENT EVERY ASPECT OF CULTURE, BRINGING CREATIVITY AND INNOVATION TO ALL ASPECTS OF THIS COMMUNITY, INCLUDING LOCAL CUISINE.

THEREFORE, THE ST. AUGUSTINE CITY COMMISSION OF THE CITY OF ST.

AUGUSTINE HEREBY DESIGNATES APRIL 15TH THROUGH OCTOBER 15TH, 2021 AS HISPANIC HERITAGE MONTH AND CALLS UPON PUBLIC OFFICIALS, EDUCATORS, LIBRARIANS, AND ALL THE PEOPLE OF ST. AUGUSTINE TO OBSERVE THIS MONTH WITH THE APPROPRIATE CEREMONIES, ACTIVITIES, AND PROGRAMS. WE'RE HONORED TO HAVE OUR DEAR FRIEND, MS. CONSUELO LIPPI, WHO IS HERE TO ACCEPT THIS AWARD.

SHE'S A FAITHFUL MEMBER, A WONDERFUL CONTRIBUTING MEMBER OF OUR COMMUNITY, AND A MEMBER OF OUR SISTER CITIES ORGANIZATION.

PLEASE COME FORWARD.

[APPLAUSE].

>> MAYOR IN CHARGE, DISTINGUISHED COMMISSIONERS, CITY OF ST. AUGUSTINE, CITY STAFF ON BEHALF OF THE HISPANIC COMMUNITY OF ST. AUGUSTINE IT'S MY PLEASURE AND MY HONOR TO ACCEPT THIS PROCLAMATION.

I AM FROM ECUADOR AND MY SECOND CITY HAS BEEN ST. AUGUSTINE SINCE 1981.

THROUGH THE YEARS, I HAVE HAD THE OPPORTUNITY TO SHARE MY ECUADORIAN HERITAGE WITH LOVE AND FROM THE BOTTOM OF MY HEART.

WITHOUT THE HELP OF VOLUNTEERS, ALL OF THESE PROJECTS WILL BE IMPOSSIBLE.

SO PLEASE ALLOW ME A MINUTE TO THANK THE PEOPLE THAT HAVE HELPED US.

BEGINNING WITH MY HUSBAND JACK, MY TWO BOYS DANI AND DANNY, THEIR FAMILIES AND FRIENDS.

AS WELL AS THE GENEROSITY AND ENTHUSIASM OF MY FLAGLER COLLEGE STUDENTS AND ALL THE VOLUNTEERS OF DIFFERENT ORGANIZATIONS THAT HAVE HELPED ME TO EITHER ORGANIZE OR PARTICIPATE IN THE SO MANY ACTIVITIES THAT WE HAVE HAD THROUGH THE YEARS.

THANK YOU VERY MUCH, WITHOUT YOU,

[00:15:01]

WE WOULDN'T HAVE HAD THE SUCCESS WE HAVE HAD BEFORE, FOR EXAMPLE, WE USE TO CELEBRATE HISPANIC AWARENESS DAY.

OCTOBER 12 WAS THE DAY THAT OUR CITY WILL DRESS UP FOR A PARTY.

THE [INAUDIBLE] STREETS WILL BE COMPLETELY COVERED WITH GARLANDS, FLOWERS, SERENADE FROM THE BALCONIES OF THE DIFFERENT HOUSES, AND WE WILL HAVE SPANISH REENACTMENTS ORGANIZED, AND THEN BY ALL THE CHILDREN IN OUR COMMUNITY, AND THEY WERE HISTORICALLY CORRECT, EXCEPT FOR ONE TIME WHEN THE STUDENTS DECIDED WE WANTED TO DO A BULLFIGHT, MRS. LIPPI.

SO THEY WENT AND ALL THE STUDENTS GET TOGETHER AND THEY FIND OUT ALL THE INFORMATION, EXCEPT THAT WE HAD ONE EXCEPTION AT THE END, THE BULL ONE.

[LAUGHTER] ANOTHER ACTIVITY THAT IT'S MENTIONED, WORTH MENTIONING TODAY WILL BE OUR EXCHANGE STUDENT PROGRAM.

THAT WE USUALLY DO IT WITH OUR HIGH SCHOOL STUDENTS FROM OUR COMMUNITY, WITH THE HIGH SCHOOL STUDENTS OF OUR SISTER CITY, AVILES SPAIN.

WHEN THE STUDENTS MEET FOR THE FIRST TIME, THEY ARE COMPLETE STRANGERS, AND AFTER THE ACTIVITIES THEY HAVE HAD IN THEIR HOMES OR IN THEIR COUNTRIES AND WHEN THE MOMENT TO SAY GOODBYE COMES, THEY HAVE BECOME FRIENDS AND MOST OF THEM FRIENDS FOREVER.

SO THESE EXPERIENCES, THEY WILL KEEP WITH THEM FOR THE REST OF THEIR LIVES, AND WE HOPE THAT THERE WILL BE AN INCITEMENT, AN INSPIRATION IN THEIR FUTURE ENDEAVORS.

I DEARLY HOPE THAT'S WHEN THINGS GO BACK TO NORMAL IN THE CITY OF ST. AUGUSTINE AND AROUND THE WORLD.

WE WILL BE ABLE AGAIN TO CELEBRATE AND COMMEMORATE THE SPANISH, LATIN AMERICAN, AND NORTH AMERICAN HISTORIES, TRADITIONS, AND CUSTOMS WHICH MAKE OUR BEAUTIFUL CITY OF ST. AUGUSTINE A VERY UNIQUE AND SPECIAL PLACE.

>> THANK YOU.

>> THANK YOU VERY MUCH.

[APPLAUSE].

>> THANK YOU, THERE YOU ARE THAT'S FOR YOU.

>> THANK YOU.

>> WE'RE NOW AT A POINT FOR

[4. PUBLIC COMMENTS FOR GENERAL PUBLIC COMMENTS OR FOR AGENDA ITEMS NOT REQUIRING A SEPARATE PUBLIC HEARING]

GENERAL COMMENTS BY THE PUBLIC ON ANY MATTERS THAT THEY MAY WISH TO GIVE.

I WOULD URGE YOU IF YOU WERE TO SPEAK AND REFERENCE TO THE SAN SEBASTIAN PROJECT, THAT YOU WAIT UNTIL THERE'S A SEPARATE PUBLIC HEARING FOR THAT.

THE CITY CLERK IS GOING TO HAVE TO SWEAR ALL OF YOU IN, WHICH A PROCESS WE'LL EXPLAIN IN A MOMENT.

BUT YOU ARE WELCOME OTHERWISE TO SPEAK.

I WOULD NOW OPEN THE PUBLIC HEARING AND OUR FIRST SPEAKER IS MR. SEAN MORRISON.

>> AFTER 20 YEAR-LONG WAR IN AFGHANISTAN, THE ILLEGITIMATE PRESIDENT, JOE BIDEN, SURRENDER TO THE TALIBAN.

THE CHOICES HE'S MADE UPON HIS EXIT HAVE ARMED OUR ENEMIES WITH TENS OF MILLIONS OF DOLLARS OF WEAPONRY AND COST BRAVE AMERICANS THEIR LIVES.

I'VE DRIVEN AND WALKED PAST THE WORLD WAR 1 MONUMENTS IN ST. AUGUSTINE, DIRECTLY ACROSS FROM THE BRIDGE OF LIONS ON THE WEST SIDE NUMEROUS TIMES SINCE THIS TRAGEDY, WHILE THE REST OF THE NATION LOWERED THEIR FLAGS TO HALF-MAST, THE FLAG AT TOP OF THIS VETERANS MEMORIAL, FLEW AT FULL STAFF.

THIS COMMISSION HAS SHOWN YET AGAIN THAT IT ONLY HONORS FALLEN HEROES WHEN IT SUITS THEIR PUBLIC AGENDA.

IN SPITE OF YOUR DISRESPECT TO THESE GREAT MEN AND WOMEN, I WOULD LIKE TO HONOR THEM BY READING THEIR NAMES.

SERGEANT JOHANNY PICHARDO, US MARINE CORPS, 25 YEARS OLD.

SERGEANT NICOLE L GEE, US MARINE CORPS, 23.

STAFF SERGEANT DARIN HOOVER, US MARINE CORPS, 31.

CORPORAL PAUL HUNTER LOPEZ, US MARINE CORPS, 22.

[00:20:01]

CORPORAL DAEGAN PAGE, US MARINE CORPS, 23.

CORPORAL HUMBERTO SANCHEZ, US MARINE CORPS, 22.

LANCE CORPORAL DAVID ESPINOSA, US MARINE CORPS, 20.

LANCE CORPORAL JARED SCHMITZ, US MARINE CORPS, 20.

LANCE CORPORAL RYLEE MCCOLLUM, US MARINE CORPS, 20.

LANCE CORPORAL DYLAN MEROLA, US MARINE CORPS, 20.

LANCE CORPORAL KAREEM NIKOUI, US MARINE CORPS, 20.

CORPSMAN MAXTON SOVIAK, US NAVY, 22.

STAFF SERGEANT KNAUSS, US ARMY, 23 YEARS OLD.

I ALSO TOOK NOTE OF YOUR LAUGHABLE HISTORICAL PRESERVATION COMMITTEE.

EVERYONE IN THE CITY KNOWS IT'S A HISTORICAL SELECTION COMMITTEE.

I ALSO SAW YOUR SEPTEMBER 4TH FOUNDERS DAY CELEBRATION.

LET ME GIVE YOU A LITTLE HISTORICAL INSIGHT THAT YOU MAY FIND INTERESTING.

WHEN PEDRO MENENDEZ ARRIVED IN FLORIDA, HE BROUGHT WITH HIM SLAVES.

THE SPANISH CROWN WAS ONE OF THE LARGEST STAKEHOLDERS OF SLAVERY IN THE WORLD DURING A TIME OF FLORIDA'S SETTLEMENT.

DOES THIS HYPOCRITICAL LOT BEFORE ME DARE TO SAY THEY TORE DOWN A VETERAN SENATOR FOR MEN WHO DIED DEFENDING THEIR HOME, AND THEN SET ASIDE A DAY TO HONOR THE LARGEST SLAVE TRADERS OF THE TIMES, THEN HOLD A MASS AT A CATHOLIC MISSION? DURING THIS ERA, THE CATHOLIC CHURCH WAS INSTRUMENTAL IN RECORDING THE ARRIVAL, BIRTHS, AND TRADE OF SLAVES.

ST. AUGUSTINE'S CATHEDRAL BASILICA HAS KEPT RECORDS DATING BACK TO 1594, OF THESE ACTIONS.

THIS COMMISSION CHOOSES WHAT HISTORY IS ACCEPTABLE.

YOU ARE ALL TRAITORS TO THE PAST, YOUR ANCESTORS, YOUR CITY, AND FALLEN HEROES.

YOU NEED TO REPENT. [INAUDIBLE] BUT SUBMISSION?

>> OUR NEXT SPEAKER IS MS. CHRIS FOLMER.

WELCOME.

>> GOOD EVENING, CHRIS FOLMER.

I LIVE IN ST. AUGUSTINE.

I WON'T BE STAYING FOR THE SECOND HEARING.

I JUST AGAIN REMIND YOU TO LISTEN TO THE PEOPLE WHO WILL BE AFFECTED BY THE PROJECT THAT COUNTS.

AS FOR THE MONEY'S INVOLVED WITH THE RESOLUTION 2021,39, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMERICAN RESCUE PLAN ACT RECOVERY AGREEMENT.

PLEASE KEEP IN MIND WHERE THIS MONEY COMES FROM, WHO VOTED FOR IT, WHO VOTED AGAINST IT.

GIVE CREDIT WHERE CREDIT IS DUE WHEN THIS MONEY IS SPENT FOR THE GOOD OF THE COMMUNITY.

SADLY, COVID IS STILL WITH US.

BE SAFE, GET VACCINATED, WEAR A MASK WHEN YOU'RE INDOORS, WASH YOUR HANDS, BE KIND TO YOUR SERVICE STAFF AND TIP WELL, THANK YOU.

>> THANK YOU VERY MUCH. OUR NEXT SPEAKER IS MS. RHONDA BRENNAN.

GOOD EVENING.

>> GOOD EVENING. I'M BACK AGAIN.

I GUESS MY I HAVE THE SAME QUESTION THAT I ALWAYS HAVE.

WHEN ARE YOU GOING TO STAND UP FOR US? WHEN ARE YOU GOING TO STAND UP FOR EVERYBODY IN THIS ROOM FOR WE, THE PEOPLE? IF YOU DON'T KNOW, BY NOW, WE'VE BEEN TAKEN OVER BY A SHADOW GOVERNMENT.

IT'S CALLED THE CABAL, OKAY.

IT'S CALLED THE CCP.

THERE ARE A LOT OF OTHER COUNTRIES INVOLVED.

WHAT YOU'VE BEEN DOING RIGHT NOW IS YOU'VE BEEN TAKING AND EVEN ACCEPTING THE FACT THAT THERE'S A BIOWEAPON THAT'S GETTING INJECTED IT INTO AN ENTIRE AND COMMUNITIES ARMS. THEY CAN LAUGH ALL THEY WANT, BUT I'LL PRAY THAT THEY LIVE WITHIN THE NEXT TWO OR THREE YEARS.

BECAUSE RIGHT NOW EVERYBODY THAT'S BEEN INJECTED HAS HYDROGEL, SPIKE PROTEIN, NANOTECH, AND MNRA.

EVERYBODY THAT'S BEEN INJECTED, YOU NOW HAVE A CODE THAT'S IN THE SYSTEM.

BILL GATES HAS SET IT UP.

THIS IS ALL TO KILL PEOPLE.

IT'S CALLED GLOBAL GENOCIDE.

I JUST WANT TO NOTE, ARE YOU GUYS EVER GOING TO STAND UP BECAUSE IF YOU DON'T, DO YOU UNDERSTAND THAT TENT OUT THERE THAT YOU SET UP TO HAVE PEOPLE TESTED, WHEN THEY GET TESTED AND THEN YOU GO, OH NO, THEY NEED TO GO GET THE INJECTION.

YOU'RE ACTUALLY PROMOTING THEM TO GET A BIOWEAPON STUCK IN THEIR ARM.

OKAY, YOU'RE LITERALLY TAKING ON THE RESPONSIBILITY OF KILLING YOUR COMMUNITY CITIZENS.

YOU SHOULD BE STANDING UP AND GOING WHAT'S GOING ON? WHERE'S THE CONGRESS? WHERE'S, RUBIO? WHERE'S SCOTT? WHERE ARE ALL THESE PEOPLE? WHO'S IN CHARGE HERE? BARBARA, YOU'RE LIKE LOOKING AROUND LIKE YOU DON'T KNOW WHAT'S GOING ON.

I CAN TELL YOU WHAT'S GOING ON.

WE HAVE BEEN TAKEN OVER BY A FOREIGN GOVERNMENT.

YOU GUYS NEED TO STAND UP FOR US.

YOU CAN SMIRK ALL YOU WANT AND YOU CAN HIDE BEHIND YOUR DIAPERS.

BUT I'M TELLING YOU RIGHT NOW THEY'RE COMING.

HAVE YOU EVER SEEN RED DAWN? BECAUSE THEY GO FOR THE FREAKING GOVERNMENT FIRST.

THEY TAKE THE MAYOR AND THEY TAKE YOU ALL,

[00:25:01]

AND THEN THEY PUT YOU IN A FREAKING CAGE, LIKE WHAT YOU DID OUR MEMORIAL.

YOU CAN LAUGH. THERE'S FEMA CAMPS ALREADY GETTING SET UP.

SO WHAT THEY'RE GOING TO DO IS THEY'RE GOING TO WAIT FOR A FALSE FLAG.

THEN SOMETHING'S GOING TO BLOW UP.

THEY'VE ALREADY HAD GROUND-AIR MISSILES SNACK IN OVER THE FREAKING BORDER, YOU HAVE HUMAN TRAFFICKING AND IT'S NOT FUNNY.

YOU'VE DONE NOTHING BUT LAUGH.

YOU THINKING THE SLAVES, YOU'RE SAYING YOU HAD TO TAKE DOWN SOME MEMORIAL FROM 1871.

THINK ABOUT THE SLAVES RIGHT NOW BEING BROUGHT UP UNDER THE BORDER.

THERE'S MILLION KIDS, THERE'S ALL KIND OF KIDS, SEX TRAFFICKING.

THERE'S A SATANIC COURT THAT'S TAKEN OVER THE UNITED STATES OF AMERICA.

I APPRECIATE IF YOU GUYS WOULD STEP UP.

BECAUSE THAT'S WHAT YOU'RE SUPPOSED TO DO, PROTECT WE THE PEOPLE, AND IT'S DERELICTION OF DUTY AT THIS TIME.

YOU'RE NOT TAKING CARE, THE END OF THE OATH THAT YOU GUYS GAVE, YOU'RE NOT STANDING OUT FOR US.

THAT'S ALL I WANT TO SAY.

JUST PLEASE DO YOUR JOB.

>> THANK YOU VERY MUCH. OUR NEXT SPEAKERS, LAUREN [INAUDIBLE]

>> GOOD AFTERNOON.

>> GOOD AFTERNOON.

>> HI.

>> I'M TRYING TO SHOW SOME PICTURES.

>> CAN YOU ALL HELP HER WITH THE OVERHEAD? THANK YOU. JUST GIVE HER ONE SECOND.

>> THAT'S FINE.

>> THERE WE GO.

>> GREAT. I TRAVEL QUITE A BIT.

THESE ARE SOME SIGNS THAT I'VE SEEN ON MY TRAVELS.

THIS ONE IS JUST DOWN THE ROAD IN [INAUDIBLE] AND THAT'S IN MONTREAL.

THIS IS A SLOWDOWN, VEHICLES EXITING DRIVEWAYS AND SHARE THE ROAD WITH BICYCLES AND CARS.

RESIDENTIAL AREA.

HERE'S ANOTHER ONE WITH A BICYCLE.

IT SAYS "SHARE THE ROAD." I'M HERE BECAUSE I'M STILL VERY VEXED ABOUT THE LACK OF SIGNAGE AND THE LACK OF PEOPLE OBEYING THE TRAFFIC LAWS ON RIBERIA STREET AND OTHER STREETS IN THE CITY.

I THINK WE NEED MORE SIGNAGE, ESPECIALLY STOP SIGNS ON RIBERIA STREET.

I UNDERSTAND THAT IT IS A CONNECTOR STREET, BUT I DON'T UNDERSTAND WHY IT CAN'T HAVE STOP SIGNS.

I WAS TOLD THAT THAT WOULD HAVE AN ISSUE FOR THE POLICE DEPARTMENT AND EMERGENCY VEHICLES, THE GARBAGE DEPARTMENT.

BUT ALL OF THOSE ENTITIES HAVE TO STOP OR SLOW DOWN AT TRAFFIC SIGNS AND TRAFFIC LIGHTS ALL OVER THE CITY.

SO WHY SHOULD RIBERIA STREET BE DIFFERENT? IT SHOULDN'T BE.

IF IT NEEDS TO BE RECLASSIFIED TO BE A STATE SAFE CITY STREET, THE RESIDENTS AND THE TOURISTS, AND THE BUSINESSES WHOSE EMPLOYEES USE THE STREET, AND THE PEOPLE WHO USE THE PARKS AND THE GALIMORE'S FACILITIES, THEN IT NEEDS TO BE RECLASSIFIED.

I'M SORRY IF I'M STUMBLING OVER MY WORDS.

[NOISE] BUT WE WILL ALSO HAVE PARENTS DRIVING KIDS TO SCHOOL AT THE VERITAS SCHOOL, COMING IN AND OUT OF THE NEIGHBORHOOD FOUR TIMES A DAY WITH ROUGHLY 100 ADDITIONAL CARS.

WE HAVE ROUGHLY 12 NEW HOMES BEING BUILT ON RIBERIA STREET SOUTH.

THEY ALL HAVE MULTIPLE CARS BECAUSE MANY OF THEM ARE GOING TO THE STRS WITH THREE BEDROOMS, AND THERE ARE STILL ROUGHLY 10 EMPTY PARCELS OF LAND ON SALE AT RIBERIA STREET THAT WILL BE TURNED INTO HOUSING TOO.

WERE THERE ARE THREE-WAY STOPS ON MAGNOLIA STREET AND THE FOUNTAIN OF YOUTH AND THE RESIDENTS EXIST SIDE BY SIDE, WE COULD HAVE A FEW THREE-WAY STOPS ON RIBERIA STREET.

MASTER DRIVE HAS SPEED BUMPS AND I WOULD ASSUME THAT THAT'S A CONNECTOR STREET, BUT THEY ALSO GET SPEED BUMPS, SO WHY CAN'T WE GET A FEW OF THOSE TOO, SPEED TABLES PERHAPS, TO SLOW DOWN THE TRAFFIC ON RIBERIA STREET AND OTHER STREETS THAT HAVE A LOT OF TRAFFIC BECAUSE WE HAVE A LOT OF TOURISTS AND THEY'RE NOT NECESSARILY.

[NOISE] THANK YOU.

[00:30:01]

>> THANK YOU, MS. [INAUDIBLE].

OUR NEXT SPEAKER IS MR. DOUG ROUSSEAU.

[NOISE] WELCOME.

>> HELLO. MY NAME'S. BELIEVE IT OR NOT, I'M A NATIVE OF ST. AUGUSTINE, FLORIDA.

I SAY THIS ALL THE TIME BECAUSE I GOT A LOT INVESTED IN THIS CITY.

YESTERDAY WE HAD OUR 44TH GRANDCHILD.

NOW, THOSE THAT KNOW ME KNOW I HAVE 11 KIDS, ONLY ONE WIFE, PRAISE GOD.

I'M A GRADUATE OF ST. AUGUSTINE HIGH, WENT ORANGE STREET SCHOOL IN 1960, WHERE WE ACTUALLY READ THE BIBLE BEFORE WE BEGAN CLASS.

BY THE WAY, I'M UNMASKED, I'M UNVACCINATED, I'M UNAFRAID, AND I'M UNMUZZLED.

THOSE THAT KNOW ME, KNOW THAT SPEAK MY MIND AND I SAY THE THINGS THAT NEED TO BE SAID.

SOME OF YOU WERE LAUGHING AT RHONDA EARLIER.

LISTEN, I'M TELLING YOU, MOST OF WHAT SHE SAID, SOME OF THAT I CAN'T SUBSTANTIATE, BUT I KNOW MOST OF IT IS ABSOLUTELY TRUE.

WITH THAT IN MIND, I WANT YOU TO UNDERSTAND I'M TALKING TO ANY CITY EMPLOYEES, I'M SPEAKING TO ANY THE ST. AUGUSTINE POLICE DEPARTMENT.

IF BY ANY MEANS YOU'RE BULLIED, YOU'RE THREATENED TO LOSE YOUR JOB BECAUSE YOU DO NOT WANT TO TAKE THE VACCINATION, LET ME KNOW.

WE ARE FOURS. WE HAVE SEVERAL GROUPS NOW.

AS I TOLD THE CITY MANAGER A FEW MINUTES AGO, WHO KEEPS TRYING TO RECONCILE WITH ME AND MY SON-IN-LAW, BABA, "YOU WANT PEACE? PREPARE FOR WAR." I'M LETTING YOU KNOW, ANYBODY, ANY CITY EMPLOYEE, ANY ST. AUGUSTINE POLICE DEPARTMENT OFFICER THAT FEELS THEY ARE BEING BULLIED, THAT THEY ARE BEING HARASSED, THAT THEIR JOB IS BEING THREATENED BECAUSE THEY REFUSE TO TAKE A VACCINATION, I WANT YOU TO GET A HOLD OF ME.

SECONDLY, I WANT YOU TO UNDERSTAND THAT JOE BIDEN IS A FRAUDULENT, UNELECTED OFFICIAL.

HIS EO HAS ABSOLUTELY NO AUTHORITY TO THE GENERAL POPULATION. THAT'S BASIC LAW.

WE'RE SAYING THAT EVERYTHING HE SAYS ABOUT ANY MANDATORY VACCINATION FOR ANY COMPANIES WITH OVER 100 EMPLOYEES, IS ABSOLUTELY NONSENSE.

I WILL ALSO DARE TO SAY, AS I'VE SAID PUBLICLY MANY TIMES AND I'VE BEEN PERSONALLY INVESTIGATED BY THE SECRET SERVICE TWICE, THAT I WAS THERE ON JANUARY THE 6TH, I SAW WHAT HAPPENED.

I CAN TELL YOU RIGHT NOW, THE CAPITOL POLICE ARE GUILTY OF TREASON.

THEY ASSAULTED, VOLUNTARILY, AN UNPROVOKED CROWD, AND WHEN THEY BEGAN TO PEPPER SPRAY AND BEGAN TO TEAR GAS AND FLASH BOMB THE CROWD, THAT'S WHEN THE CROWD BECAME ANGRY.

JOE BIDEN IS AN UNELECTED FRAUD.

WE ALL KNOW IT, WE'RE GETTING OUR NOTES RIGHT NOW AS WE SPEAK ABOUT FRAUDULENT ELECTION IN THE STATE OF CALIFORNIA FOR THAT NEWSOME THAT'S OUT THERE.

ALREADY 70 PERCENT OF THE VOTES CAST, PEOPLE HAD BEEN TOLD THAT THEIR VOTE IS ALREADY BEEN CAST OR EVEN, THEY'VE BEEN VOTED FOR.

MAY I SAY I GOT FIVE SECONDS.

ANY EMPLOYEE OF THE POLICE DEPARTMENT OR THE CITY THAT DO NOT WANT TO TAKE THE VACCINATION GET A HOLD OF ME. [OVERLAPPING]

>> HEY, COMMISSIONER [INAUDIBLE].

I HAVE ONE MORE CARD.

IS THERE ANYBODY ELSE THAT WISHES TO ADDRESS THE CITY COMMISSION AT THIS TIME? IF NOT, OUR LAST SPEAKER IS MS. BJ [INAUDIBLE].

>> BJ [INAUDIBLE] WITH WEST CITY OF ST. AUGUSTINE.

ANOTHER CAR WASH ON A PROPERTY THE CITY ANNEXED AT U.S. 1 NORTH IN SAN SEBASTIAN VIEW, IS IN THE PLANNING PROCESS.

THIS IS THE SAME DEVELOPER THAT WILL CONSTRUCT THEIR NOISE NEXT TO OUR FISH ISLAND PRESERVE.

THE LOVE OF MONEY IS THE ROOT OF ALL EVIL.

AT THE AUGUST 23, 2021 CITY OF ST. AUGUSTINE MEETING, A LAWYER WAS ALLOWED TO SPEAK ON THE PADS, WHICH ARE ON TODAY'S AGENDA, WHILE THE PUBLIC WAS NOT ALLOWED TO SPEAK.

GIVEN AN ADVANTAGE TO ONE PERSON OVER THIS SAME CONSIDERATION FOR THE PUBLIC, SHOWS A DISRESPECTFUL ATTITUDE TO THE GENERAL PUBLIC.

ONE MIGHT SAY THIS IS A FORM OF DISCRIMINATION.

THIS SAME ACTION BY A CHAIR OF THE PCB ON SEPTEMBER 7, 2021 WHILE DISMISSING A HOMEOWNER, SHOWS DISRESPECT.

ARROGANCE SEEMS TO BE ON THE INCREASE BY MANY BUREAUCRATS IN ST. AUGUSTINE.

WE KNOW THIS IS NOT A SAFE CITY.

POLICE WALK POLITICIANS AND CITY STAFF TO THEIR CARS.

BE CAREFUL WHEN CALLING THE POLICE ABOUT PARKING VIOLATIONS.

INSTEAD OF DEALING WITH THE OBVIOUS VIOLATION, SOME OFFICERS TELL VIOLATORS SOMEONE CALLED,

[00:35:03]

THIS PUTS RETALIATION ON SOMEONE, NOT THE OFFICER.

MR. REAGAN, PLEASE ASK MRS. [INAUDIBLE] AND YOUR ROTARY MEMBERS TO PAY FOR SIGNS AT OYSTER CREEK HOMELESS CAMPGROUND.

PACK IT IN, PACK IT OUT.

THE LAST THING I LIKE TO SAY, I WANT TO PUBLICLY THANK YOU FOR THE ANNUAL SEPTEMBER 11TH CEREMONY OF REMEMBRANCE ON SATURDAY, SEPTEMBER THE 11TH AT THE ST. AUGUSTINE FIRE DEPARTMENT MAIN STATION ON MALAGA STREET.

MANY, MANY PEOPLE SHOWED UP.

I'M SORRY, FOR THOSE THAT DID NOT OR COULD NOT FOR WHATEVER REASON, ATTEND THAT REMEMBRANCE CEREMONY, AND I DO BELIEVE AS FAR AS I'VE BEEN TOLD, IT CAN BE STREAMED ON YOUR COMPUTERS.

IF YOU DIDN'T HAVE AN OPPORTUNITY, I WOULD ENCOURAGE EVERYBODY, WHETHER YOU ATTENDED OR WHETHER YOU DIDN'T ATTEND, TO PLEASE TAKE A MOMENT AND REVIEW WHAT HAPPENED ON SEPTEMBER THE 11TH, BUT ALSO WHAT HAPPENED AT THE VAR STATION IS A VERY MOVING CEREMONY. THANK YOU.

>> THANK YOU VERY MUCH, MS. CLADIA, AND I APPRECIATE YOUR REMARKS ABOUT THE CEREMONY.

I THINK THE FIRE DEPARTMENT DESERVES ALL THE CREDIT FOR THAT AND WE APPRECIATE THAT CONTINUING MEMORIAL ON REMEMBRANCE.

COMMISSIONERS, VICE MAYOR,

[5. CONSENT AGENDA]

WE ARE ON ITEM 5, THE CONSENT AGENDA.

MR. REAGAN, WOULD YOU PLEASE READ THE CONSENT AGENDA.

>> MAYOR AND COMMISSIONERS ON TONIGHT'S CONSENT AGENDA, WE HAVE THE FOLLOWING ORDINANCES ARE TENTATIVELY SCHEDULED FOR SECOND READING ON SEPTEMBER 27TH, 2021.

ORDINATES 2021-22, ORDINATES 2021-25.

WE'VE A REMINDER OF UPCOMING MEETING SEPTEMBER 23RD, 2021, 5:05 PM, THE SECOND AND FINAL SPECIAL BUDGET MEETING.

SEPTEMBER 27TH, 2021, 3:00 PM, SPECIAL WORKSHOP MEETING.

THE TOPIC IS SOLID WASTE.

SEPTEMBER 27TH, 2021, 05:00 PM, REGULAR CITY COMMISSION MEETING.

OCTOBER 11TH, 2021, 05:00 PM REGULAR CITY COMMISSION MEETING.

WE HAVE APPROVAL OF MINUTES FROM PRIOR COMMISSION MEETINGS INCLUDING JULY 12TH, 2021 SHAPE MEETING, JULY 12TH, 2020, REGULAR CITY COMMISSION MEETING, AUGUST 9TH, 2021 CITY COMMISSION SPECIAL MEETING, AUGUST 9TH, 2021 CITY COMMISSION REGULAR MEETING.

WE'VE A [INAUDIBLE] FOR UNIT CONNECTION FEE MORTGAGE AT 237 PALMETTO DRIVE, GEORGE BROWN.

WE HAVE A CERTIFICATE OF RECOGNITION 2021-04CR ISSUE TO OPAL LEE, THE GRANDMOTHER OF THE JUNETEENTH MOVEMENT, NOW A FEDERAL HOLIDAY.

WE HAVE NOTIFICATION OF A PROCLAMATION ISSUE, PROCLAMATION 2021,18 PROCLAIMED, SEPTEMBER 17TH THROUGH SEPTEMBER 23RD, 2021 AS CONSTITUTION WEEK.

WE HAVE APPROVAL DONATION BY THE ST. AUGUSTINE POLICE DEPARTMENT TO THE PALATKA POLICE DEPARTMENT OF X2 TASERS AND ASSOCIATED EQUIPMENT.

APPROVAL OF THE THREE-YEAR AGREEMENT BETWEEN THE CITY OF ST. AUGUSTINE AND ST. JOHN'S COUNTY PROVIDING ADDITIONAL FUNDS TO OPERATE THE VISITOR INFORMATION CENTER.

WE HAVE APPROVAL OF A LICENSE AGREEMENT WITH SHAWN BURTON, ALLOWING HIM TO INSTALL AND MAINTAIN A FENCE AT 1650 ST. MARCH PALM BOULEVARD, SAINT AUGUSTINE.

APPROVAL OF AGREEMENT BETWEEN THE CITY AND OLD TOWN TROLLEYS TO OPERATE FROM THE [INAUDIBLE] BY THE VIC DURING THIS YEAR'S [INAUDIBLE] LIGHTS.

WE HAVE CONFIRMATION OF APPOINTMENT TO THE ST.

AUGUSTINE POLICE OFFICERS' RETIREMENT BOARD.

WE HAVE APPROVAL OF THE AFTER MEDIATION SETTLEMENT IN THE MATTER BETWEEN THE CITY OF ST. AUGUSTINE VERSUS RAIL ROAD SPIKE PROPERTIES.

ON THAT ONE, I WOULD LIKE TO CORRECT THE LETTER.

THE FUNDS IN THAT SETTLEMENT WOULD BE FROM THE UTILITY FUND.

>> THANK YOU. MR. REAGAN, YOU'VE HEARD THE CONSENT AGENDA.

IS THERE A MOTION TO APPROVE THIS AGENDA?

>> I MOVE THAT WE APPROVE THE CONSENT AGENDA.

>> I HAVE A MOTION TO HAVE A SECOND.

>> I SECOND.

>> I HAVE A MOTION FROM THE VICE MAYOR, SECOND FROM COMMISSIONER HORVATH.

MADAM CLERK, IF YOU'D PLEASE CALL THE ROLL.

>> NANCY SIKES-KLINE.

>> YES.

>> ROXANNE HORVATH?

>> YES.

>> JOHN VALDES.

>> YES.

>> BARBARA BLONDER.

>> YES.

>> TRACY UPCHURCH.

>> YES. THANK YOU.

THE CONSENT AGENDA IS APPROVED.

[7.B.1. Christina Parrish Stone, Executive Director, St. Johns Cultural Council: Presentation of out-of-market advertising campaigns. How is St. Augustine being marketed/represented by the Cultural Council to outside visitors/tourists? (J. Regan, City Manager)]

VICE MAYOR AND COMMISSIONERS WE'RE ALL NOW ON ITEM 7B, PRESENTATION FROM CHRISTINA PARRISH-STONE, THE EXECUTIVE DIRECTOR AT SAINT JOHN'S CULTURAL COUNCIL, MR. REAGAN, TO INTRODUCE THE MATTER.

>> MAYOR AND COMMISSIONERS, I THINK IT WAS ABOUT TWO MONTHS AGO, THE COMMISSION EXPRESSED A DESIRE TO HAVE PRESENTATIONS FROM THE CULTURAL COUNCIL AS WELL AS THE VISITOR CONVENTION BUREAU ON OUR OUT OF MARKET ADVERTISING.

[00:40:03]

THIS IS A CHANCE FOR THE COMMISSION TO SEE HOW WE ARE MARKETED BY THE VCB FUNDAMENTALLY IN THE TDC TAX DOLLARS.

THE FIRST PRESENTATION IS BY CHRISTINA PARRISH-STONE AND WHICH HAS ONE PART OF THAT MARKETING RESPONSIBILITY.

>> WELCOME MS. STONE, WE APPRECIATE YOU COMING, MAKING TIME FOR US.

>> THANK YOU. I APPRECIATE THE OPPORTUNITY TO SHARE MORE INFORMATION ABOUT HOW THE CULTURAL COUNCIL SUPPORTS AND PROMOTES ARTS, CULTURE, AND HERITAGE IN THE CITY OF ST. AUGUSTINE.

I CAN SEE MY PRESENTATION.

THE CULTURAL COUNCIL IS THE DESIGNATED LOCAL ARTS AGENCY FOR ST. JOHN'S COUNTY.

OUR MISSION IS TO PROVIDE SUPPORT FOR CULTURAL ORGANIZATIONS, INDIVIDUAL ARTIST, AND MAKE SURE THAT ALL OF OUR RESIDENTS HAVE ACCESS TO ARTS AND CULTURE.

WE PROVIDE DESTINATION MARKETING SERVICES, SPECIFICALLY TO CULTURAL TRAVELERS THROUGH A CONTRACT WITH THE COUNTY.

OUR FUNDING DOES COME FROM BED TAXES.

AT THE MOMENT, A 100 PERCENT OF THAT FUNDING IS FROM CATEGORY II, ARTS, CULTURE AND HERITAGE.

THAT CATEGORY II FUNDING ALSO PROVIDES FUNDS FOR THE COUNTY'S ARTS, CULTURE AND HERITAGE GRANT PROGRAM, WHICH IS THE LARGEST SOURCE OF FUNDING FOR CULTURAL ORGANIZATIONS IN THE COUNTY.

WE ADMINISTER THAT PROGRAM.

WE ALSO OBTAIN OTHER RESOURCES BY DOING OUR OWN GRANT WRITING AND RECEIVE FUNDING THROUGH DONATIONS AND GRANTS TO THE CULTURAL COUNCIL TO ALLOW US TO PRESENT CULTURAL PROGRAMMING AND SUPPORT OTHER INITIATIVES, INCLUDING HISTORIC PRESERVATION.

I DON'T HAVE A LOT OF TIME, SO I'M GOING TO SKIP VERY QUICKLY THROUGH SOME SLIDES.

LET'S TALK ABOUT CULTURAL TOURISM.

>> WE DO HAVE THESE AS PART OF OUR AGENDA PACKET.

>> YES.

>> THANK YOU.

>> CULTURAL TOURISM IS THE ACT OF TRAVELERS VISITING PARTICULAR DESTINATIONS IN ORDER TO EXPERIENCE AND LEARN ABOUT A PARTICULAR CULTURE.

IT'S IMPORTANT FOR A LOT OF REASONS THAT I THINK YOU'LL RECOGNIZE AS A BENEFICIAL TO THE CITY OF ST. AUGUSTINE, CULTURAL TRAVELERS STAY LONGER AND THEY SPEND MORE.

THEY TRAVEL MORE OFTEN AND ARE MORE LIKELY TO TRAVEL MID-WEEK.

THEIR VISITS ARE LESS WEATHER DEPENDENT AND THEY'RE MORE LIKELY TO EXPLORE A BROADER AREA IN SEARCH OF DEEPER EXPERIENCES.

I ARRIVED IN ST. AUGUSTINE JUST BEFORE COVID HIT.

COVID CREATED A LOT OF CHALLENGES, BUT OFFERED SOME OPPORTUNITIES.

OUR BOARD CHOSE TO USE THAT TIME TO HIRE A CONSULTANT TO DO A DESTINATION MARKETING REVIEW SO THAT WE COULD ANALYZE THE WORK THAT WE HAD DONE IN THE PAST AND GET SUGGESTIONS FOR WAYS THAT WE COULD IMPROVE OUR EFFORTS.

WE'VE GOT A LOT OF GREAT INFORMATION FROM THAT REVIEW, WHICH I'M HAPPY TO SHARE WITH YOU AT A LATER TIME IF YOU'D LIKE.

BUT I WANT TO SHARE ONE STATEMENT FROM THE REVIEW THAT REALLY STUCK WITH ME.

WE BELIEVE THAT ST. JOHN'S COUNTY HAS MORE DIVERSE, DISTINCTIVE CULTURAL ASSETS THAN ANY ONE PLACE IN AMERICA.

NOW THAT'S A BIG STATEMENT, BUT THE LONGER I'M HERE, THE MORE I REALIZED THAT THAT REALLY IS TRUE.

THAT STATEMENT IS AT THE HEART OF THE WORK THAT WE'VE BEEN DOING WITH DESTINATION MARKETING AND OUR OTHER EFFORTS TO SUPPORT ARTS, CULTURE, AND HERITAGE SINCE THE REPORT WAS COMPLETED.

WE'RE FOCUSING ON DEPTH, BREADTH, AND AUTHENTICITY.

YOU HAVE OUR MARKETING PLAN IN YOUR PACKET, IT'S RATHER LENGTHY, SO WE WON'T GO THROUGH THAT.

BUT SOME OF THE THINGS THAT WE TALKED ABOUT AND THAT WE'RE GOING TO BE SHARING OVER THE NEXT YEAR WITH OUR VISITORS, FIVE CENTURIES OF HISTORY, OUR INCREDIBLE CULTURAL DIVERSITY, MS. SLIPPY TALKED ABOUT THAT WHEN SHE SPOKE ABOUT HISPANIC HERITAGE MONTH.

THE ARCHITECTURE THAT WE HAVE, THE GILDED AGE COLLECTION LIKE NONE OTHER IN THIS COUNTRY.

WE HAVE LITERARY LANDMARKS AND AMAZING LOCAL CREATIVES LIKE THE MUSICIANS WHO ARE PERFORMING AND SING OUT LOUD, WHICH IS ANOTHER ACTIVITY THAT IS FUNDED BY THIS CATEGORY II, ARTS, CULTURE AND HERITAGE FUNDS.

OUR CHEFS, OUR MUSICIANS, OUR PERFORMERS, OUR ARTISTS.

THIS IS MY PERSONAL MISSION STATEMENT FOR OUR WORK.

HOW DO WE LEVERAGE SUPPORT, AND PROTECT THOSE CULTURAL ASSETS TO CREATE COMMUNITY PRIDE, ECONOMIC OPPORTUNITY, AND ENHANCE QUALITY OF LIFE FOR EVERY RESIDENT OF ST. AUGUSTINE? WE TALK A LOT WITH TOURISM ABOUT THE NUMBER OF VISITORS WE HAVE AND HOW MANY BED TAX DOLLARS WE COLLECT. THAT'S IMPORTANT.

TOURISM IS ONE OF OUR BIGGEST ECONOMIC DRIVERS, AND IT MEANS A LOT TO OUR RESIDENTS.

THOSE BED TAX DOLLARS DO A LOT OF GOOD THINGS IN THE COMMUNITY.

BUT ESPECIALLY IN A PLACE LIKE ST. AUGUSTINE, WE HAVE TO BALANCE THAT WITH THE IMPACT ON OUR CULTURAL RESOURCES.

WE'RE TRYING TO BE STRATEGIC ABOUT HOW WE MARKET TO THOSE CULTURAL VISITORS, FOCUSING ON QUALITY AND SUSTAINABILITY.

WE'RE DEVELOPING STRATEGIES THAT WE HOPE WILL HELP REDUCE TRAFFIC AND OTHER IMPACTS ON HISTORIC AND OTHER RESOURCES.

WE'RE TRYING TO PROVIDE INCREASED SUPPORT FOR THE ORGANIZATIONS WITH YEAR ROUND INDOOR PROGRAMMING.

WE'RE WORKING TO HELP THEM IMPROVE THE QUALITY OF THEIR PROGRAMMING.

THIS MIGHT NOT SOUND LIKE MARKETING, BUT BECAUSE WE SPEND OUR BED TAX DOLLARS ON THOSE THINGS, I THOUGHT I SHOULD TALK TO YOU ABOUT THAT.

THE CULTURAL COUNCIL IS ALSO DEVELOPING PROGRAMMING OF OUR OWN THAT WE

[00:45:04]

HOPE WILL BRING VISITORS AT TIMES THAT WERE SLOWER AND HAVE FEWER TOURISTS.

I TALKED ABOUT FINANCIAL SUPPORT FROM THAT CATEGORY II BED TAX.

I'M HAPPY TO SHARE THAT WE'VE JUST COMPLETED THIS YEAR'S APPLICATIONS FOR CULTURAL GRANTS.

THE POOL THIS YEAR IS DOWN FROM ITS HIGH POINT, BUT WE WERE ABLE TO INCREASE IT DRAMATICALLY FROM LAST YEAR TO ABOUT $450,000 FUNDED BY BED TAX.

THIS SLIDE SHOWS THE ST. AUGUSTINE BASED ORGANIZATIONS WHO WILL BE RECOMMENDED FOR GRANT FUNDING AT NEXT WEEK'S TDC MEETING.

THREE HUNDRED AND FIFTY SEVEN THOUSAND OF THE 450,000 IS GOING TO ST. AUGUSTINE BASED ORGANIZATIONS, INCLUDING A NUMBER THAT HAVE NEVER RECEIVED FUNDING BEFORE, LIKE THE ACCORD MUSEUM, THE LIGHTNER MUSEUM IS RECEIVING A VERY SIGNIFICANT GRANT, LINCOLNVILLE MUSEUM, MANY OTHERS.

WE'RE VERY HAPPY TO PROVIDE THAT SUPPORT.

ANOTHER PROJECT THAT WE THINK IS VERY IMPORTANT RELATES TO HISTORIC PRESERVATION.

AMERICA'S OLDEST CITY CLEARLY NEEDS FUNDING FOR HISTORIC PRESERVATION AND YOU'RE DOING SOME REALLY GREAT INNOVATIVE WORK THROUGH THE LINCOLNVILLE COMMUNITY REDEVELOPMENT AGENCY.

WITH THOSE PROGRAMS THAT YOU'RE DOING TO PROVIDE GRANTS.

WE'RE ALSO COLLABORATING WITH THE FLORIDA TRUST, THE NATIONAL TRUST, THE NATIONAL PARK SERVICE, AND UNIVERSITY OF FLORIDA HISTORIC SAINT AUGUSTINE FOUNDATION TO TRY TO ADVOCATE AND FIND MORE RESOURCES.

WE'RE HOPING THAT WE'LL SOON HAVE OUR OWN GRANT FUND THAT MAY BE FUNDED BY BED TAX DOLLARS.

WE KNOW THE IMPORTANCE OF HISTORIC PRESERVATION FUNDING BECAUSE FOR THE LAST 20 YEARS, THE CULTURAL COUNCIL HAS MANAGED A BUILDING THAT IS THE SISTER OF THIS BUILDING, FORMERLY THE ST. AUGUSTINE BEACH HOTEL THEN THE ST. AUGUSTINE BEACH CITY HALL.

IT HAD BEEN ABANDONED AND WAS PROBABLY GOING TO BE DEMOLISHED.

THE CULTURAL COUNCIL TOOK IT OVER, RAISED HUNDREDS OF THOUSANDS OF DOLLARS TO RESTORE IT, MAKE THE BOTTOM FLOOR AVAILABLE FOR CULTURAL ORGANIZATIONS.

AS A RESULT, ST. AUGUSTINE BEACH HAS NOT HAD TO INVEST ONE CENT IN THAT BUILDING FOR THE PAST 20 YEARS.

WE'D LOVE THE OPPORTUNITY TO ENGAGE IN A SIMILAR PROJECT IN THE CITY OF ST. AUGUSTINE.

SEVERAL THINGS THAT WE'VE DONE THIS YEAR WITH CATEGORY CHIEF FUNDING, ARE COLLABORATIONS WITH OTHERS.

WE HELPED TO FACILITATE A JUNETEENTH CELEBRATION THAT WAS FREE AND OPEN TO THE PUBLIC WITH ST. AUGUSTINE MUSIC FESTIVAL.

WE ALSO PRESENTED A SERIES OF CONCERTS CALLED SUNDAYS WITH STAMP, ALL OUTDOORS, FREE AND OPEN TO THE PUBLIC AT THE PENA PECK HOUSE AND THE ART ASSOCIATION, AND WE BROUGHT THE FIRST THING, AUGUSTINE FOOD AND WINE FESTIVAL, WHICH HAS ALREADY BEEN NAMED ONE OF FLORIDA'S TOP 10 FOOD AND WINE EVENTS.

IT WILL BE BACK NEXT YEAR, PRIMARILY AT THE WORLD GOLF VILLAGE, BUT WE WILL ALSO HAVE EVENTS ON THE WEDNESDAY OF THAT WEEK IN DOWNTOWN ST. AUGUSTINE, BRINGING VISITORS DURING A SLOWER TIME.

WE'RE WORKING ON USING ARTS AND CULTURE FOR COMMUNITY DEVELOPMENT, AND FOCUSING ON WEST AUGUSTINE WITH SOME PLANNED PUBLIC ART PROJECTS AND SUPPORTING THE WEST KING MERCHANTS, WHO ARE CREATING A NEW EVENT CALLED WEST KING WEDNESDAYS.

IT WILL BE HAPPENING THIS WEDNESDAY, EVERY THIRD WEDNESDAY OF THE MONTH.

WITH MARKETING AND ADVERTISING, OUR GOAL IS TO COLLABORATE AND COORDINATE WITH THE VCB AND OTHER MARKETING PARTNERS, TO EXTEND THE REACH OF ST. JOHNS COUNTY'S MARKETING EFFORTS.

WE WANT TO COORDINATE, NOT DUPLICATE.

WE'RE FOCUSING PRETTY HEAVILY ON FLY MARKETS WITH OUR ADVERTISING, SOMETHING THE VCB DOES ALSO.

YOU'LL HEAR FROM RICHARD GOLDMAN WITH A LOT MORE INFORMATION ABOUT THE RESULTS OF OUR MARKETING EFFORTS.

THESE ARE JUST SOME EXAMPLES OF SOME OF THE WORK THAT WE'VE DONE TO SUPPORT ST. AUGUSTINE CULTURAL ACTIVITIES OVER THE PAST YEAR.

THIS IS FOR THE LEITNER 200TH ANNIVERSARY AND THAT CONCEPT OF EUROPEAN VACATIONS IN THE BEAUTIFUL CITY OF ST. AUGUSTINE DURING A TIME WHEN YOU COULD NOT VISIT EUROPE.

THESE ARE JUST A FEW EXAMPLES OF THE MEDIA THAT WE'LL BE WORKING WITH IN THE UPCOMING YEAR.

WE'RE DOING A LOT MORE IN DESTINATION MARKETING, INCLUDING THINGS LIKE THIS RAP CARD FOR FORT MOSE, AND WE HAVE A BEAUTIFUL CULTURAL GUIDE THAT WILL BE COMING OUT NEXT MONTH THAT WE'LL BE SHARING WITH THE TDC NEXT WEEK.

MEANWHILE, WE CONTINUE TO OPERATE OUR WEBSITES, PROVIDE NEWSLETTERS AND ROBUST SOCIAL MEDIA PRESENCE.

HISTORIC COAST CULTURE IS OUR VISITOR SITE.

ST. JOHN'S CULTURE PROVIDES RESOURCES FOR OUR LOCAL ORGANIZATIONS AND ARTISTS.

SO THAT'S A PRETTY QUICK PRESENTATION OF WHAT WE DO, IF YOU HAVE ANY QUESTIONS, I'D LOVE TO ANSWER THEM.

IF NOT, I WELCOME HEARING FROM YOU IN THE FUTURE.

>> THANK YOU VERY MUCH, ARE THERE QUESTIONS? STONE, ANY QUESTIONS? YES, COMMISSIONER BLONDIE.

>> FIRST OF ALL, I WANT TO THANK YOU, I SEE SOME EXCITING POTENTIAL HERE.

I LIKE THE RAP CARD FOR FORT MOSE IN PARTICULAR.

I'M LOOKING AT YOUR RECOMMENDED GRANT FUNDING AND I'M

[00:50:05]

CURIOUS AS TO HOW YOU'RE PRIORITIZING THE DOLLAR AMOUNTS.

FOR EXAMPLE, THE AS IF 90S FEST IS I THINK BRAND NEW AS OF LAST YEAR, AND YET IT'S GOT HALF THE FUNDING THAT YOU'RE PROJECTING FOR THE LINCOLN BILL MUSEUM AND ABOUT $7,000 MORE THAN THE FORT MOSE HISTORICAL SOCIETY.

SO IF YOU COULD JUST CLARIFY SOME OF THAT FOR ME, PLEASE?

>> I'M HAPPY TO CLARIFY THAT.

THE GRANT APPLICATION PROCESS CAN BE CHALLENGING.

WE HAVE A GRANT PANEL THAT SCORES THE APPLICATIONS, AND THE GRANT FUNDING IS BASED ON A FORMULA THAT INCLUDES THE BUDGET FOR THE EVENT, OR THE ORGANIZATION, AND THEN THE SCORE THAT THE APPLICATIONS RECEIVE DETERMINES WHAT PERCENTAGE OF THE FUNDING THEY'RE ELIGIBLE FOR, THEY END UP GETTING.

I WILL ADMIT THAT SOMETIMES I'M SURPRISED BY THE SCORES THAT DIFFERENT ORGANIZATIONS RECEIVE OR EVENTS RECEIVE.

YOU WOULD THINK THAT, YOU MIGHT SCORE IT DIFFERENTLY FROM OUR GRANT PANEL.

THE GUIDELINES, AGAIN, THEY ESTABLISH THE AMOUNT THAT CAN BE APPLIED FOR BASED ON THE BUDGET OF THE EVENT OR THE ORGANIZATION.

FORT MOSE HAS A VERY SMALL BUDGET BECAUSE IT'S THE FRIENDS ORGANIZATION THAT APPLIES.

SO THEY'RE ACTUALLY RECEIVING A MUCH HIGHER PERCENTAGE OF THEIR OVERALL BUDGET, THAN THE EVENT IS.

I WILL SHARE THAT IT'S MY INTENTION BETWEEN NOW AND NEXT YEAR'S GRANT PROGRAM, TO MAKE SOME ADDITIONAL CHANGES, THAT WILL HELP PROVIDE FUNDING IN A WAY THAT PROVIDES EVEN MORE SUPPORT TO THOSE YEAR ROUND ORGANIZATIONS, AND A LITTLE MORE REASONABLE FOR LARGE EVENTS.

I HOPE THAT ANSWERED YOUR QUESTION.

I DON'T GET TO MAKE THE DECISIONS ABOUT HOW MUCH EACH GRANTEE RECEIVES.

>> OKAY. I MEAN, I GET THAT.

I WONDER IF THE CRITERIA COULD BETTER REFLECT WHAT THE CULTURE OF THE CITY, AND I AM JUST A LITTLE CONFUSED ABOUT HOW SOME OF THESE FIT INTO THE CULTURE OF THE CITY AND ITS HISTORY.

>> THE CRITERIA DO ASK THAT THE PANELISTS SCORE THE APPLICATIONS BASED ON THE AUTHENTICITY, HOW THE EVENT REFLECTS THE CULTURE OF THE CITY.

SO ALL OF THESE THINGS SHOULD BE FACTORS AND THE INDIVIDUAL PANELISTS SOMETIMES, VIEW.

>> SURE.

>> [LAUGHTER] YEAH. IT'S A PERSONAL DECISION.

>> BUT YOU HAVE ESTABLISHED CRITERIA?

>> WE DO HAVE ESTABLISHED CRITERIA AND IT'S SOMETHING THAT WE LOOK AT EVERY YEAR, AND IF WE SEE A SITUATION THAT WE THINK MAY BE NOT EXACTLY ACHIEVING OUR GOALS, WE'LL GO IN AND WORK WITH THE TDC TO REVISE THE GUIDELINES AND HOPEFULLY END UP WITH WHAT EVERYONE FEELS ARE APPROPRIATE FUNDING LEVELS.

>> THANK YOU. OTHER QUESTIONS?

>> WE'RE VERY APPRECIATIVE OF YOU TAKING THE TIME AND IT'S VERY INFORMATIVE AND VERY HELPFUL, AND WE APPRECIATE THE SUPPORT OF PROJECTS HERE IN THE CITY.

>> THANK YOU FOR THE OPPORTUNITY.

>> THANK YOU.

>> OUR SECOND PRESENTATION IS BY MR. RICHARD GOLDMAN,

[7.B.2. Richard Goldman, President & Chief Executive Officer, St. Augustine, Ponte Vedra & The Beaches Visitors and Convention Bureau (VCB): Presentation of out-of-market advertising campaigns. How is St. Augustine being marketed/represented by the VCB to outside visitors/tourists? (J. Regan, City Manager)]

MR. REAGAN, ANY FURTHER INTRODUCTION?

>> IT'S BASICALLY THE SECOND HALF OF THIS AS THE MARKETING ARM ON BEHALF OF THE BED TAX DOLLARS, THE TDC AND VCB, AND SO I'LL TURN IT OVER TO MR. GOLDMAN.

>> WONDERFUL. WELCOME.

>> GOOD EVENING, MR. MAYOR.

WELCOME NURSE, RICHARD GOLDMAN.

WE RUN THE VISITORS AND CONVENTION BUREAU AT 29, OLD MISSION AVENUE.

IT'S MUCH APPRECIATED THAT WE ARE HERE TODAY TO SHARE WITH YOU SOMETHING THAT MOST OF OUR RESIDENTS DO NOT EVER GET TO SEE BECAUSE OUR MISSION IS TO BRING VISITORS FROM OUTSIDE THE COUNTY TO INSIDE THE COUNTY TO SPEND THEIR MONEY AND SEND THEM HOME.

THAT'S IMPORTANT BECAUSE THAT ASSISTS WITH THIS,

[00:55:02]

THE SUSTAINABILITY OF TOURISM AS AN ECONOMIC ENGINE.

WITH APOLOGIES TO MY FRIENDS IN THE REAL ESTATE FIELD, CAPTURING THEM IS THEIR JOB.

WHAT I'D LIKE TO DO AND THE PRESENTATION THAT YOU HAVE INCLUDES A GREAT DEAL OF INFORMATION THAT JOHN HAS WARNED ME YOU REALLY DON'T CARE ABOUT.

I'M JUST GOING TO FOCUS REALLY ON THE CREATIVE THAT IS RUNNING OUTSIDE OF ST. JOHNS COUNTY BUT TO DO THAT, AT FIRST, IT HELPS TO UNDERSTAND THAT POSITIONING A DESTINATION AND REALLY ANY PRODUCT IN THE MIND OF HUMANS REQUIRES THAT IT STARTS FROM SOME PLACE THAT THEY UNDERSTAND AND THEN MOVES THEM TO A PLACE WHERE IT IS BENEFICIAL FOR US AND FOR THEM AND THEIR EXPERIENCE.

SOME OF YOU MAY REMEMBER THE PNEUMONIC DEVICE OF THE RED COUCH, WHICH WAS A CAMPAIGN THAT CAME OUT IN 2010.

IT PRESENTED LOTS OF STORIES THAT RELATE TO ALL OF ST. JOHNS COUNTY, WHICH IS OUR MISSION.

MANY STORIES ABOUT THE DESTINATION, WAYS FOR PEOPLE TO ENJOY THEM ALL ON OR FROM A RED COUCH.

WE FOLLOWED THAT WITH L CONQUISTADOR RETURNS, THE PNEUMONIC DEVICE IN THAT WAS A FICTITIOUS CONQUISTADOR PRESENTED IN TODAY'S MODERN WORLD AS A DEVICE TO DEMONSTRATE ALL THE WONDERFUL THINGS AND EXPERIENCES THERE ARE TO HAVE HERE IN ST. JOHNS COUNTY.

THE LATEST INCARNATION, TRAVELING INTERNATIONALLY WAS BORN OF RESEARCH THAT INDICATED THAT PEOPLE BELIEVE THAT THIS DESTINATION HAS AND, IN FACT, THE EDITORS OF MANY MAJOR INTERNATIONAL PUBLICATIONS BELIEVE THAT OUR FEELING HERE IS THAT OF AN INTERNATIONAL DESTINATION, A EUROPEAN DESTINATION.

IN FACT, FOR ALL INTENSIVE AND PURPOSES IT IS.

IT'S SIMPLY LOCATED HERE.

WE LOOKED AT THAT AS A POSITIONING AND RESEARCH THAT WITH PROSPECTIVE VISITORS AND IT SCORED VERY WELL.

THE DEVICE IN THAT ONE, THE PNEUMONIC, IS A GENTLEMAN WE CALL INTRANATIONAL MAN.

BOTH APPROACHABLE AND A LITTLE BIT HUMOROUS TO HELP VIEWERS AND LISTENERS GET A SENSE OF APPEAL OF COMFORT WITH THAT MESSAGING.

AFTER DOING THE RESEARCH, WE PRODUCED THE SPOTS THAT I'M GOING TO SHOW YOU RIGHT NOW.

I ALSO HAVE A PRINT AD HERE TO SHOW YOU, THEN AFTER WE LOOK AT THAT, WE'LL TALK A LITTLE BIT ABOUT HOW THAT MESSAGING CHANGED AFTER MARCH THE 12TH OF LAST YEAR.

THIS JUST GIVES YOU THE CYCLE OF TINY IN WHICH WE FOUND OURSELVES BEGINNING IN THE FALL OF LAST YEAR WHEN WE INTRODUCED TRAVELING INTRANATIONALLY.

[MUSIC]

>> PICTURE THE PERFECT INTERNATIONAL VACATION, HISTORIC ARCHITECTURE, QUITE CAFES, BEAUTIFUL BEACHES.

IT SOUNDS LOVELY.

NOW THINK ABOUT GETTING THERE.

A 14 HOUR CRAMPED FLIGHT, AIRPLANE FOOD THAT TASTES LIKE A SCIENCE EXPERIMENT, CUSTOMS, AND A WHOLE LOT OF JET-LAGGED.

IF THAT DOESN'T SOUND LOVELY, YOU'RE NOT ALONE.

WE'VE FOUND THAT WHILE MOST PEOPLE LOVE THE IDEA OF TRAVELING INTERNATIONALLY, MORE AND MORE PEOPLE WERE ACTUALLY TAKING SHORTER, MORE AFFORDABLE TRIPS.

IF ONLY THERE WERE A PLACE WITH ALL THE OLD WORLD CHARMS OF AN INTERNATIONAL DESTINATION, BUT WAS JUST A BIT CLOSER, LIKE IN FLORIDA MAYBE.

[MUSIC].

>> YOU WANT THIS, BUT YOU CAN'T HAVE IT WITHOUT THIS OR THIS, OR THIS.

UNTIL NOW, [NOISE], INTRODUCING A NEW WAY TO TRAVEL INTRANATIONALLY, GET ALL THAT INTERNATIONAL CHARM WITHOUT EVER LEAVING THE COUNTRY RIGHT HERE IN ST. AUGUSTINE, PONTE VEDRA.

GET ALL THAT CULTURE, ALL THE CUISINE FROM THAT CULTURE. YOU'RE WELCOME.

ALL THE BRAND WORTHY SITES FROM THAT HASHTAG CULTURE [NOISE] IS RIGHT HERE AT HOME, ST. AUGUSTINE PONTE VEDRA, TRAVEL INTRANATIONALLY. [MUSIC]

[01:00:02]

>> WE PULLED BACK THE CURTAIN ON ALL THE GLOBAL EXPERIENCES IN ST. AUGUSTINE, PONTE VEDRA.

[MUSIC].

MESSAGES AND KEY DRIVE MARKETS HELP REMIND OUR NEIGHBORS THAT CASTLES AND CROISSANTS WERE WITHIN STRIKING DISTANCE.

[MUSIC].

WHEN YOU ADDED RADIO, SOCIAL AND SOME [FOREIGN] TO THE MIX, THE RESULTS FOLLOW.

TRAVEL INTRANATIONALLY ISN'T JUST A TRAVEL CAMPAIGN, IT'S A NEW WAY OF TRAVELING, A LIFESTYLE OR A PENUCHE.

AN INVITATION TO CONVENE WITH PEOPLE OF SIMILAR SOPHISTICATION IN ST. AUGUSTINE, PONTE VEDRA.

>> THE MESSAGING TARGETS, WHAT WE CALL PURPOSE PURSUERS.

THESE ARE FOLKS WHO ARE, REGARDLESS OF THEIR AGE COHORT, INTERESTED IN EXPERIENCES THAT CREATE ENHANCEMENTS THAT ENHANCED THEIR EXPERIENCES, THEIR KNOWLEDGE.

THESE ARE FOLKS THAT WE ARE ABLE TO TARGET THROUGH THE NEW TARGETING METHODOLOGIES.

THEY'RE FOLKS THAT ARE IDENTIFIABLE.

IN THE OLD DAYS WHEN I STARTED IN THIS BUSINESS, YOU TARGETED BY DEMOGRAPHICS THEN CAME PSYCHOGRAPHICS.

NOW, WE CAN ACTUALLY LOOK AT YOUR BEHAVIORS.

OUR PURPOSE PURSUERS ARE FOLKS WHO CONSUME CULTURAL EVENTS, WHO CONSUME OUTDOOR ACTIVITIES, AND ARE INTERESTED IN LEARNING WHEN THEY TRAVEL AND WE TARGET IN PARTICULAR, THE BOOMER GENERATION OF PURPOSE PURSUERS, AS WELL AS THE MILLENNIAL GENERATION OF PURPOSE PURSUERS.

RIGHT NOW, THOSE ARE THE FOLKS WITH THE MONEY AND THE INCLINATION TO TRAVEL.

THIS WILL GIVE YOU A SENSE FOR THE WAY THINGS WENT WHEN WE LAUNCHED THIS IN THE FALL OF 2019.

WE HAD A PANDEMIC.

YOU MAY RECALL THAT DORIAN SAT OFFSHORE FOR NINE DAYS.

IT DID NOT ACTUALLY CAUSE GREAT HARM HERE IN TERMS OF PHYSICAL HARM.

IT'S SIMPLY A LUCKY THING FOR US.

THE TRUTH IS THAT FOR NINE DAYS, WHILE IT SAT OVER DESTROYING THE BAHAMAS, PEOPLE CANCELED AND CHANGED THEIR PLANS AND DID NOT COME TO OUR COAST, AND SO THAT COST US A GREAT DEAL.

WHAT WE DID WITH THE ONSET OF THE PANDEMIC WAS WE STOPPED THE ADVERTISING WHICH WE HAD JUST LAUNCHED, THE TRAVELING INTERNATIONALLY.

BUT WE LISTENED TO TRAVELER'S SENTIMENT MONITORING, WHICH WE GOT REPORTS ON EVERY SINGLE WEEK AND WE LEARNED WHAT PEOPLE WERE LOOKING FOR.

WHILE OTHER DESTINATIONS WERE SAYING, WHEN YOU'RE READY, WE'RE READY, WE WERE ABLE TO SAY, WE KNOW WHAT YOU WANT BECAUSE WE'VE LEARNED IT THROUGH THE RESEARCH AND WE'RE ABLE TO PRESENT IT IN A WAY THAT WAS COMPELLING TO THEM.

THE FACT THAT WE WERE ABLE TO COME BACK IN JULY OF 2020 WITH A MESSAGE THAT MATCHED WITH WHAT PEOPLE'S DESIRES WERE, IS THE REASON WHY WE REBOUNDED SO QUICKLY.

THE REBOUND I KNOW CAUSED A LOT OF CHALLENGES.

THOSE OF US WHO STAFF HOSPITALITY FACILITIES, RESTAURANTS, UNDERSTAND HOW CHALLENGING THAT WAS.

BUT LET ME GIVE YOU A SENSE FOR WHAT THAT MESSAGING WAS.

I'LL JUST JUMP THROUGH THIS WHICH YOU WERE ABLE TO SEE.

WE FOCUSED ON THE THINGS PEOPLE WERE WILLING TO DO.

THEY WANTED OUTDOOR EXPERIENCES, THEY WANTED THE BEACH, THEY WANTED TO BE ABLE TO ACCESS IT.

WHILE WE TALK ABOUT THE PROXIMITY AS BEING ONE OF THE KEY ISSUES, BECAUSE NOBODY WANTED TO GET ON AN AIRPLANE, THAT PROXIMITY STRETCHED MUCH FURTHER, AND SO THE DISTANCES THAT PEOPLE WERE DRIVING WERE MUCH GREATER.

YOU MAY HAVE NOTICED THAT THERE WERE LICENSE PLATES FROM IOWA, LICENSE PLATES FROM MICHIGAN AND MINNESOTA.

I CERTAINLY SAW IT BECAUSE I'M IN THE COMMUNITY EVERY DAY.

WE WERE ABLE TO REACH THEM, AND IN THE DIGITAL WORLD, WE'RE ABLE TO REACH INTO A LOT OF MARKETS.

>> SO, YOU WANT OPEN SPACES, VARIETY, EXCITEMENT, JUST FIVE MINUTES ALONE, RELAXATION, A TALL GLASS, BUT YOU CAN'T HAVE IT WITHOUT BIG CROWDS, [BACKGROUND] WORRY, PLANE RIDES, CRYING BABIES, CRYING ADULTS.

UNTIL NOW, YOUR GET AWAY ISN'T FAR AWAY.

ST. AUGUSTINE PONTE VEDRA, TRAVEL INTRANATIONALLY.

[01:05:01]

>> THAT IS THE BROADCAST MESSAGING.

IT'S ALSO ON OVER-THE-TOP AND STREAMING VIDEO.

OUR COMMERCIAL AND OUR RADIOS WON A FLAGLER AWARD LAST YEAR FOR ITS EFFECTIVENESS IN ADVERTISING.

IF I CAN SHOW YOU THIS PRINT AD, IT'LL GIVE YOU ANOTHER SENSE OF THE MESSAGING, HOW IT APPEARED OUT IN THE WORLD.

>> MR. GOLDMAN, WE'RE GOING TO HAVE TO UNFORTUNATELY WRAP THIS UP PRETTY QUICKLY.

WE JUST HAVE A LONG AGENDA.

>> I THINK I'VE GIVEN YOU THE MESSAGE [OVERLAPPING].

>> YOU'VE GIVEN US A GREAT [OVERLAPPING]

>> IF YOU HAVE ANY QUESTIONS, PLEASE.

>> QUESTIONS FROM THE VICE MAYOR AND THE COMMISSIONERS? I DON'T SEE ANY, SO THANK YOU VERY MUCH.

>> I'LL JUST SAY TO MY FELLOW COMMISSIONERS.

ANY FEEDBACK YOU HAVE ON EITHER PRESENTATION, PLEASE I'LL TAKE IT AT THE END OF THE MEETING UNDER COMMISSIONER COMMENTS.

I'LL GIVE YOU A MOMENT TO THINK BECAUSE I DO REPRESENT YOU ON THAT TDC.

>> THANK YOU VERY MUCH, MR. GOLDMAN.

>> WE ARE NOW ON ORDINATES 2021-19.

THIS IS A SECOND READING AND IT IS HERE FOR A PUBLIC HEARING AS WELL.

THERE ARE SOME PROCEDURAL STEPS THAT ARE NECESSARY HERE.

MS. LOPEZ, IT'S MY UNDERSTANDING THAT WE WILL SWEAR IN ALL POTENTIAL WITNESSES WITH AT ONE TIME.

>> THAT IS CORRECT. ALSO A REMINDER, WHEN YOU FIND IT APPROPRIATE TO DISCLOSE EX PARTE COMMUNICATION THAT WILL BE REQUIRED FURTHER TO THIS PARTICULAR ITEM AND THE ONE RIGHT AFTER.

>> OKAY. WHY DON'T WE DO THIS RIGHT NOW? MY EX PARTE COMMUNICATION HAS BEEN WITH THE DEVELOPER, MR. [INAUDIBLE] AND WITH MELINDA RAKONCAY AS CHAIR OF THE NEIGHBORHOOD COUNCIL.

>> I WOULD SAY WITH MELINDA, BUT NOT RECENTLY WITH THE ABBAS FAMILY, MANY, MANY MONTHS AGO.

>> MINE IS THE SAME AS KRISHNA [INAUDIBLE]

>> I HAD CONVERSATIONS WITH THE ABBAS FAMILY, WITH THEIR COUNSEL, AND ALSO WITH MELINDA RAKONCAY.

>> I'LL SAY THE SAME WITH THE COUNCIL AS WELL.

I THINK I'M THE SAME AS THE OTHERS, AND THEN WHATEVER EMAILS AROUND THE SERVER.

>> YES, EXACTLY. WHATEVER EMAILS THAT ARE REFLECTED ON THE SERVER. THANK YOU.

>> MR. BERTRAM, IF YOU'RE READY, WE ARE.

[8.A.1. Ordinance 2021-19: Rezoning the Sebastian Inland Harbor Planned Unit Development of 159 King Street (PID# 203350 0030, 203470 0000) to Residential General and Office. (D. Birchim, Director Planning and Building)]

>> MAYOR, VICE MAYOR AND COMMISSIONERS, GOOD EVENING.

ORDINATES 2021-19 AND THE COMPANION ORDINATES 2021-20.

BOTH ARE REZONING APPLICATIONS FOR THE SEBASTIAN INLAND HARBOR PROPERTY TO AMEND THE ZONING FROM PLANNED UNIT DEVELOPMENT, WHICH IS PUD TO RESIDENTIAL, GENERAL, AND OFFICE RGO.

IN YOUR PACKET, THERE'S A COMPARATIVE ANALYSIS OF THE ZONING CATEGORIES, A CHRONOLOGICAL HISTORY OF THE ZONING OF THESE PROPERTIES, AS WELL AS THE FULL ZONING DESCRIPTIONS OF RGO.

THE EXISTING PUD NARRATIVE AND SITE PLAN ARE ON YOUR DESK FOR REFERENCE.

THIS IS THE SAME MATERIAL THAT WAS PRESENTED AT THE AUGUST 23RD FIRST READING.

IN THE INTEREST OF TIME, I WILL NOT BE GIVING A FULL PRESENTATION TONIGHT BECAUSE THE APPLICANT HAS A PRESENTATION PREPARED FOR YOU AND THE PUBLIC THIS EVENING.

BUT JUST TO START OFF THE DISCUSSION, I'LL MAKE THESE COMMENTS.

THE RGO ZONING IS DEFINED IN THE EXISTING PUD AS THE CURRENT ALLOWABLE USES.

THIS PROPOSED REZONING DOES NOT CHANGE ANY OF THE PERMITTED USES OF THE PROPERTY.

ZONING CHANGE TO RGO WILL REDUCE THE OVERALL BUILDING HEIGHT BY 10 FEET, IT WILL RESULT IN MORE PARKING SPACES BEING DEVELOPED ON THE PROPERTIES, AND IT WILL REDUCE THE RESIDENTIAL DENSITY FOR THE SA MARINA HOLDINGS PORTION OF THE PROPERTY.

THE REZONING WILL ALSO ELIMINATE ANY PUBLIC ARCHITECTURAL CONTROL OVER THE PROPERTIES, BUT NOT THE [INAUDIBLE] PROPERTY THAT YOU WILL SEE AT THE NEXT ORDINANCE.

THAT PROPERTY IS WITHIN THE KING STREET ENTRY CORRIDOR THAT'S GOVERNED BY THE KING STREET DESIGN STANDARDS.

THIS PROPERTY HAD RGO ZONING FROM 1987 TO 2004 WHEN IT WAS ORIGINALLY ZONED TO PUD, AND IT HAS RETAINED THE RESIDENTIAL, MEDIUM DENSITY,

[01:10:03]

MIXED-USE UNDERLYING LAND USE SINCE 1987.

THIS LAND USE DESIGNATION IS COMPATIBLE WITH THE RGO ZONING.

THE PLANNING AND ZONING BOARD MADE A POSITIVE RECOMMENDATION TO REZONE THIS PROPERTY FROM PUD TO RGO ON AUGUST 10TH.

I'M HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE NOW OR ANYTIME.

THE APPLICANT IS HERE TO MAKE THEIR PRESENTATION.

THIS IS SECOND READING AND A PUBLIC HEARING. THANK YOU.

>> THANK YOU, MR. BERTRAM. ANY QUESTIONS FOR MR. BERTRAM AT THIS TIME? IF NOT, MISS. SMITH, WELCOME.

>> MR. MAYOR, DID YOU WISH TO SWEAR IN THE TEAM FOR MS. ELLEN AVERY SMITH, AS WELL AS MEMBERS OF THE PUBLIC, THEY CAN STAND.

WE CAN SWEAR IN EVERYONE IN IT THE SAME TIME.

>> WHY DON'T WE DO THAT? IF EVERYONE WOULD BE SO INCLINED.

IF YOU PLAN ON SPEAKING DURING THE PUBLIC COMMENTS SECTION, IT IS NECESSARY THAT WE SWEAR YOU IN.

ANYBODY THAT PLANS ON SPEAKING, I DO NEED YOU TO RISE AND RAISE YOUR RIGHT HAND, IF YOU PLAN ON SPEAKING.

>> DO YOU SOLEMNLY SWEAR AND AFFIRM THAT THE TESTIMONY YOU'RE GOING TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH [INAUDIBLE] .

>> THANK YOU VERY MUCH.

I RECOGNIZE THE PROCEDURE, SOME OF YOU ARE INFINITELY MORE EXPERIENCED TO VETERANS OF THESE THINGS THAN I, AND I RECOGNIZE THE PROCEDURES A LITTLE DIFFERENT FORCE, SO WELCOME, MS. SMITH.

>> THANK YOU VERY MUCH, MR. MAYOR. GOOD EVENING, COMMISSIONERS.

FOR THE RECORD, ELLEN AVERY SMITH, ROGERS TOWERS LAW FIRM, 100 WHETSTONE PLACE HERE IN ST. AUGUSTINE.

WITH ME TODAY, LET ME INTRODUCE YOU TO ALL OF OUR FOLKS, YOU MENTIONED EARLIER THAT THE PROPERTY OWNER IS ACTUALLY A FAMILY.

ABDUL HUSSEIN ABBAS IS NOT HERE TODAY, BUT BHAJII IS ALONG WITH SEVERAL OF THE OTHER MEMBERS OF THE FAMILY.

JUST KNOW THAT, AGAIN, WE'RE TALKING ABOUT PROPERTY THAT'S OWNED BY A FAMILY.

ALSO WITH ME IS, HE WENT AWAY, JEREMY MARGOLIS, [LAUGHTER] AND HE WILL BE JOINING ME IN A LITTLE WHILE TO TALK ABOUT ANYTHING WE NEED TO TALK ABOUT WITH RESPECT TO HIS ROLE AS IN PROJECT PLANNING IF YOU WILL, AND LANDSCAPE ARCHITECTURE.

TO GET GOING, WE TALKED A LITTLE BIT AT THE FIRST READING ABOUT THIS, BUT I'M GOING TO GO INTO A LITTLE MORE DETAIL TODAY FOR THE RECORDS BECAUSE WE ARE AT A PUBLIC HEARING.

OBVIOUSLY, YOU KNOW THIS PROPERTY IS LOCATED AT 159 KING STREET.

THE ENTIRE PROPERTY IS OWNED BY SA MARINA HOLDINGS, WHICH IS AGAIN THE APPLICANT FOR THIS PROJECT OR THIS APPLICATION.

AS MR. BERTRAM NOTED, THE FUTURE LAND USE DESIGNATION, WHICH IS THE GOVERNING DESIGNATION FOR ANY PROPERTY IN THE STATE OF FLORIDA, IS RESIDENTIAL MEDIUM DENSITY/MIXED USE.

THAT'S IN YOUR COMPREHENSIVE PLAN.

THAT HAS BEEN THE LAND-USE CATEGORY FOR 30 PLUS YEARS FOR THIS PARTICULAR PIECE OF PROPERTY.

THAT'S IMPORTANT AND WE'RE GOING TO WALK THROUGH, YOU SEE ON THIS MAP THAT PINK COLOR, THAT'S GOING TO BE RELEVANT, AND AS WE WALK THROUGH THE LAND USE AND ZONING IS FOR DIFFERENT PROPERTIES WITHIN THE CITY OVER THE NEXT FEW MINUTES.

THIS IS AN EXCERPT FROM YOUR COMPREHENSIVE PLAN.

IF YOU READ THE RESIDENTIAL MEDIUM DENSITY/MIXED-USE DESCRIPTION AND THIS IS PART OF IT.

THE FIRST SENTENCE, SPECIFICALLY SAYS, THIS DISTRICT IS INTENDED TO APPLY TO THOSE NEIGHBORHOODS DESIGNATED FOR MIXED RESIDENTIAL AND COMMERCIAL USES, SO AS TO CREATE A MEDIUM INTENSITY RESIDENTIAL AND MEDIUM INTENSITY COMMERCIAL MIX OF USES.

THAT'S THE FIRST SENTENCE IN YOUR LAND USE CATEGORY, WHICH WE'RE NOT ASKING TO CHANGE.

THAT'S IMPORTANT BECAUSE WE GO INTO.

AGAIN, THIS REQUEST IS TO REZONE THE PROPERTY FROM PUD TO RGO RESIDENTIAL GENERAL AND OFFICE, WHICH DISTRICT IS CONSISTENT AND I WILL CALL THE COMPANION TO THAT LAND USE CATEGORY.

WHEN YOU LOOK AT THE CITY CODE, SECTION 28165, YOU NOTICE THE FIRST SENTENCE INTENT, MATCHES THE RESIDENTIAL MEDIUM DENSITY/ MIXED-USE DEFINITION.

INTENDED TO APPLY TO NEIGHBORHOODS DESIGNATED FOR MIXED RESIDENTIAL AND COMMERCIAL USES BOTH TO CREATE A MEDIUM INTENSITY RESIDENTIAL AND LOW-INTENSITY COMMERCIAL MIX OF USES.

THIS IS ALSO AN EXCERPT OF THE PERMITTED USES, AGAIN, NOT CHANGING ANY OF THE USES PERMITTED IN THE PUD.

THIS IS THE LIST OF THE PERMITTED USES FROM THE RGO ZONING CATEGORY.

WE'RE TALKING ABOUT THE MAXIMUM LOT COVERAGE BY BUILDINGS OF 50 PERCENT, YOU SEE THE SETBACKS THERE AND THE MAXIMUM STRUCTURE HEIGHT OF 50 FEET.

AGAIN, THE SAME COMPONENTS AS THE PUD AS FAR AS DENSITY AND INTENSITY OF USE.

WE'RE HERE FOR REZONING TO BACK TO THE HISTORIC RGO ZONING DESIGNATION OF THIS PROPERTY.

[01:15:05]

THEIR INTENT IS TO DEVELOP THE SITE CONSISTENT WITH BOTH THE RESIDENTIAL, MEDIUM DENSITY/MIXED USE LAND USE AND THAT RGO ZONING CATEGORY, AND ALL OF THE PROPERTIES EXCEPT ONE.

WE'RE GOING TO WALK THROUGH THIS, IN THE CITY THAT HAVE THAT FUTURE LAND USE DESIGNATION OR ZONED, EITHER RGO OR PUD.

LET'S LOOK AT THAT DETAIL.

YOU SEE ON THE LEFT-HAND SIDE, THE RESIDENTIAL MEDIUM DENSITY/ MIXED USE LAND-USE, IS THE LIGHT PINK.

YOU SEE THIS PROPERTY, YOU SEE THE SEA EVEN PROPERTY, YOU SEE PROPERTIES ACROSS ON THE WEST SIDE OF THIS AND SEBASTIAN AND DOWN INTO THE SHIPYARDS PROPERTY ON THE WEST SIDE.

YOU SEE THAT LIGHT PINK.

IF YOU GO TO THE MAP ON THE RIGHT, YOU WILL SEE THAT'S THE ZONING MAP.

YOU SEE THE GREEN IS THE SAN SEBASTIAN RIVER.

AND YOU SEE THIS PROPERTY IN THE SEA EVEN OR PUD THAT'S THE GRAY.

THE PROPERTIES THAT ARE ON THE ORANGE OR RESIDENTIAL GENERAL OFFICE RGO ZONING.

THE PORTION THAT'S THE BLUE IS MARITIME USE DISTRICT BECAUSE THOSE PROPERTIES HAVE TRADITIONALLY BEEN USED FOR FISHING VESSELS, ALL OF THAT STUFF.

THEN ON THE WEST SIDE OF THE RIVER, YOU SEE THAT KIND OF HATCHED AREA THAT ACCORDING TO THE CITY'S ZONING MAP, IS AN EXPIRED PUD.

GOING TO THE NEXT AREA OF THE CITY THAT HAS RESIDENTIAL MEDIUM DENSITY, LAND USE.

WE'RE TALKING ABOUT REALLY ON THE EAST SIDE AND THE INTERCOSTAL WATERWAY NORTH AND SOUTH OF STATE ROAD 312, SO YOU SEE WHAT IS A PORTION OF THE ANTIGUA PROPERTY AND THEN A PORTION OF THE HARBOR.

IT'S NOT SEBASTIAN INLET HARBOR, BUT I CAN'T REMEMBER THE NAME.

I'M SORRY. THOMPSON FAMILY DEVELOPED THAT WHOLE AREA BACK THEN.

BUT YOU SEE THE PINK AGAIN FOR THE RGO THE MEDIUM DENSITY/ MIXED USE, LAND USE.

THEN GOING TO THE ZONING, YOU SEE AGAIN THE ANTIGUA AND THAT ORANGE COLOR, RGO ZONING.

THEN THE BALANCE OF THAT PROPERTY, HARBOR ISLAND, THAT'S WHAT IT'S CALLED.

SOME OF THAT PROPERTY ALSO AND THAT RESIDENTIAL RGO ZONING CATEGORY.

THEN THE LAST PIECE OF THE PUZZLE IS THE NORTH PART OF THE CITY, WHICH INCLUDES SOME PROPERTY THAT IS COMMONLY KNOWN AS MADEIRA.

THEN ANOTHER PIECE OVER ON LOUIS SPEEDWAY THAT IS MULTI-FAMILY.

ON THE LEFT THAT LIGHT PINK IS THE SAME LAND USE.

THEN THE ZONING FOR MADEIRA IS PUD AND THE ZONING FOR THE PROPERTY OVER ON LOUIS SPEEDWAY IS RGO.

THOSE ARE THE PROPERTIES THAT WE FOUND ON THE CITY'S LAND-USE MAP THAT MATCH THE ZONING, AND THOSE ARE THE EXCERPTS THAT WE'RE PROVIDING TO YOU TO SHOW FOR THIS LAND USE, THE ONLY TWO ZONING CATEGORIES THE CITY HAS GIVEN, EXCEPT FOR THE MARITIME USE OF THE HISTORIC SHIPYARD PROPERTIES, IS RGO OR PUD.

THE ZONING WE'RE ASKING FOR IS COMPLETELY CONSISTENT WITH WHAT THE CITY HAS DONE.

YOU'VE DONE IT FOR THIS PARTICULAR PROPERTY IN THE PAST, AND WE'RE ASKING YOU TO PLEASE RETURN THIS PROPERTY TO RGO, WHICH IS THE COMPATIBLE LAND USE DESIGNATION.

WE GO THROUGH THE HISTORY OF THE PROPERTY.

WAS ZONED RGO UNTIL 2004 WHEN IT WAS REZONED TO PUD.

WE'RE ASKING TO RETURN IT TO THE RGO ZONING DISTRICT, WHICH IS CONSISTENT WITH THE LAND USE THAT THIS PROPERTY HAS HAD FOR 30 PLUS YEARS.

WE HOPE WE'VE SHOWN YOU THAT THIS IS THE CONSISTENT ZONING CATEGORY PURSUE IN TO FLORIDA LAW.

WE CAN HAVE MORE DISCUSSION ABOUT THAT IF YOU WOULD LIKE, BUT THAT'S KIND OF IT IN A NUTSHELL.

FLORIDA LAW SUPPORTS THIS REZONING APPLICATION.

THE RGO ZONING DISTRICT IS COMPATIBLE WITH THE LAND USE CATEGORY OF RESIDENTIAL MEDIUM DENSITY/ MIXED USE.

THAT PZB UNANIMOUSLY RECOMMENDED THAT THIS BOARD APPROVE THE REZONING APPLICATION AND SO WOULD RESPECTFULLY REQUEST THAT YOU DO SO.

PLEASE LET ME KNOW IF YOU HAVE ANY QUESTIONS ABOUT OUR TEAM AT THIS TIME.

>> YES, COULD YOU ELABORATE ON THE FIRST BULLET POINT? FLORIDA CASE LAW SUPPORTS THE OWNER'S RIGHT.

NOW, ON THE RIGHT SIDE. THAT ONE.

>> OKAY. THAT ONE. I'M SORRY.

>> THERE YOU ARE. FIRST BULLET POINT, FLORIDA CASE LAW SUPPORTS THE OWNER'S RIGHT TO REZONE.

>> THAT'S RIGHT. BECAUSE, SINCE THERE'S A WHOLE LINEAGE OF CASE LAW IN THE STATE OF FLORIDA THAT TALKS ABOUT AN APPLICANT'S RIGHT TO APPLY FOR REZONING OF PROPERTY, AND AS LONG AS THAT ZONING REQUEST IS CONSISTENT WITH THE FUTURE LAND USE DESIGNATION OF THAT PROPERTY, THE CITY OR LOCAL GOVERNMENT IN ANY CASE, IF IT'S A COUNTY HAS TO APPROVE THAT COMPATIBLE LAND-USE ZONING.

[01:20:06]

THAT'S BEEN REQUESTED BY THE APPLICANT UNLESS THERE IS COMPETENT, SUBSTANTIAL EVIDENCE TO SAY OTHERWISE.

>> OKAY. OTHER QUESTIONS?

>> JUST TO CONTINUE FROM THE MAYOR'S QUESTION.

ONE OF THOSE CASES THAT YOUR REFERENCE IN WOULD BE THE PROPOSED POINT CASE, RIGHT?

>> WELL, THAT'S IN THE LINEAGE YES.

AS MS. LOPEZ EXPLAINED TO YOU AT THE FIRST READING OF THIS, THERE IS A LONG HISTORY TO HOW ZONING LAW IN THE STATE OF FLORIDA HAS EVOLVED OVER THE LAST, ACTUALLY MORE THAN 30 YEARS.

BUT IT DOES REQUIRE, YOU HAVE TO PROVIDE DUE PROCESS.

>> I UNDERSTAND, I JUST WANTED TO CONFIRM THAT, THAT WAS ONE OF THE CASES IN THAT BUNDLE.

>> YES, THAT'S ONE OF THE CASES IN THAT BUNDLE.

>> MS. SMITH IN THE CURRENT, ARE THERE NOT SOMEWHAT, MY WORDS, PUBLIC AMENITIES OF A RIVER WALK THAT WOULD HAVE BEEN AVAILABLE TO THE PUBLIC AMPHITHEATER, SOME GREATER ACCESS OF THE PUBLIC TO THIS PROPERTY.

LET ME REPHRASE IT TO THE NON-PAYING PUBLIC.

IN OTHER WORDS, NOT NECESSARILY HOTEL GUESTS OR, OR THOSE USING THE AMENITIES, BUT TO THE GENERAL PUBLIC.

THOSE ARGUABLY WOULD BE LOST, IF THIS REVERTS TO RGO.

>> I WILL SAY IT THIS WAY, THEY WILL NOT BE LEGALLY REQUIRED.

NOW THAT'S NOT TO SAY THAT, AND AGAIN WE TALKED THROUGH THIS IN GREATER DETAIL AT THE PZB.

BUT I MEAN, THERE WILL BE ACCESS POINTS WHERE PEOPLE, THE COMMUNITY, CAN WALK AROUND ALONG SEBASTIAN HARBOR DRIVE.

THEY CAN GO ON THE SIDEWALKS, THEY CAN VISIT THE RESTAURANTS, AS YOU POINT OUT, THEY CAN GO THROUGH THE PROMENADE, THEY CAN GO TO THE RESTAURANT AND ON THIS SIDE AS WELL AS THE HOTEL AND GO OUT AND LOOK AT THE RIVER, CERTAINLY.

>> OKAY.

OTHER QUESTIONS OF MS. SMITH?

>> NOT AT THIS POINT.

>> IS MR. MARCUS GOING TO SPEAK? IS THAT YOUR INTENT FOR HIM TO ADDRESS THE COMMISSION OR NOT?

>> YES, IN REBUTTAL.

WE WILL SUM UP OUR CASE AFTER A PUBLIC COMMENT.

>> OKAY.

>> BUT THEN I DO HAVE A QUESTION THAT PERHAPS YOU COULD ANSWER.

THE ORIGINAL PUD SHARES CERTAIN ITEMS. FOR EXAMPLE, THE PARKING GARAGE WITH THE WINERY PROPERTY.

THAT WAS MY UNDERSTANDING UNDER THAT PUD.

HOW'S THAT GOING TO BE HANDLED NOW? IS IT STILL GOING TO BE A PARKING GARAGE AT THAT LOCATION THAT'S BUILT BETWEEN THE TWO OF YOU? IT SEEMS TO ME UNDER A PUD WITH BOTH OF YOU IN AGREEMENT, WITH BOTH OF YOU IN THE PUD, THAT WOULD BE AN EASIER THING TO WORK OUT.

ARE YOU GRASPING WHAT I'M GETTING TO.

>> YES, I AM. I DO.

WHAT I WOULD SAY AT THIS JUNCTURE THOUGH, PROBABLY WILL BE A PARKING GARAGE RELATED TO THE HOTEL AND THE RESTAURANT THINGS ON THE ESSAY MARINA PROPERTY.

RIGHT NOW STEPHEN IS A STANDALONE RGO APPLICATION AND WILL HAVE TO PARK ITSELF IF YOU WILL, BECAUSE THOSE ARE THE PROPOSALS THAT ARE ON THE TABLE THIS EVENING.

BUT THEY WILL PARK BASED ON CODE.

THERE WILL BE NO REDUCED PARKING COUNT.

YOU REMEMBER IN THE PUD WE HAD A DISCUSSION ABOUT SHARED PARKING AND THEREFORE REDUCING THE NUMBER OF PARKING SPACES THAT WERE GOING TO BE PUT ON THE PROPERTY AS A TOTAL, THE PUD, THAT WILL NO LONGER BE THE CASE.

YOU'RE GOING TO GET MORE PARKING BECAUSE EACH PROPERTY OWNER WILL HAVE TO PARK, PROVIDE CODE PARKING FOR HIS OR HER OWN PROJECT.

>> THANK YOU.

>> OTHER QUESTIONS TO MS. SMITH? OKAY. THANK YOU VERY MUCH.

>> THANK YOU.

>> AT THIS TIME, I'M GOING TO OPEN THE PUBLIC HEARING.

THANK YOU VERY MUCH. [NOISE].

>> IF WE CAN JUST REMIND FOLKS TO STATE THEIR NAME AND THEIR ADDRESS, THEY'VE ALREADY BEEN SWORN IN, BUT IF THEY CAN DO THAT BEFORE THEY SPEAK THAT WOULD BE WONDERFUL.

>> THANK YOU. AGAIN, WE'RE HAVING TO BE VERY CONSCIENTIOUS ABOUT ESTABLISHING A RECORD HERE THAT'S LEGALLY SUFFICIENT.

OUR FIRST SPEAKER IS FORMER COMMISSIONER, SANDRA PARKS. WELCOME MS. PARKS.

[NOISE]

[01:25:08]

GOOD EVENING.

>> GOOD EVENING. I'M SANDRA PARKS.

I LIVE AT 159 MARINE STREET, NUMBER 303.

I HAD THE HONOR OF SERVING ON THE COMMISSION FROM 1983-1987.

WE WERE THE COMMISSION THAT ACQUIRED THESE PROPERTIES.

OUR ORIGINAL INTENT WAS VASTLY DIFFERENT FROM THE PROPOSALS THAT HAVE COME TO US THROUGH THE YEARS.

BUT IT IS MY BELIEF THAT IT IS IN THE COMMUNITY'S BEST INTEREST THAT AFTER 35 YEARS THAT THE COMMISSION COME TO SOME AGREEMENT WITH THE DEVELOPER TO SEE THAT THIS PROJECT GOES THROUGH.

I HAVE ONE CONSIDERABLE CONCERN.

AS A RESIDENT OF SOUTH OF HP1 OUR NEIGHBORHOOD USES SEBASTIAN HARBOR, AND HAVE SEBASTIAN INLET DRIVE AND RIBERIA STREET AS WAYS OF AVOIDING GETTING HOME OR TRAVELING TO US 1 THROUGH THE CONGESTION OF DOWNTOWN.

SINCE THIS PROJECT ORIGINALLY BEGAN, THERE HAVE BEEN SOME DEVELOPMENTS IN OUR AREA THAT HAVE INCREASED TRAFFIC.

I COMPLETELY SUPPORT PAIDEIA SCHOOL GOING IN DOWN THERE BECAUSE IT BRINGS VITALITY BACK TO AN ABANDONED BUILDING.

I ALSO SUPPORT BUSINESSES SUCH AS THE ST. AUGUSTINE FISH CAMP THAT ARE BRINGING PEOPLE AND REVENUE INTO THE CITY.

I URGE THIS COMMISSION IN ITS NEGOTIATION WITH THE DEVELOPER TO MINIMIZE AS MUCH AS POSSIBLE THE TRAFFIC ON SEBASTIAN INLET DRIVE AND ON RIBERIA STREET BECAUSE LINCOLNVILLE WAS NEVER DESIGNED TO BE A HOSPITALITY HUB.

AS YOU'VE HEARD FROM A PREVIOUS SPEAKER, THE CONSTRUCTION DOWN THERE, IN ADDITION TO THE PROLIFERATION OF SHORT-TERM RENTALS THAT ARE BEING ACQUIRED FOR BUSINESS PURPOSES, INCREASES OUR TRAFFIC IN OUR NEIGHBORHOOD AS WELL.

SO PLEASE COME TO AN AGREEMENT WITH THIS DEVELOPER, BUT PLEASE PROTECT US FROM INCREASED TRAFFIC. THANK YOU VERY MUCH.

>> THANK YOU VERY MUCH. OUR NEXT SPEAKER IS FORMER COUNTY COMMISSIONER BRUCE MAGUIRE.

MR. MAGUIRE, WELCOME.

>> MY NAME IS BRUCE MAGUIRE, 297 ST. GEORGE STREET.

I ABSOLUTELY AGREE WITH SANDRA PARKS ON HER COMMENT THAT PROTECTING OUR NEIGHBORHOOD, EVERYTHING SOUTH OF [INAUDIBLE] STREET HAS BEEN OUR NUMBER 1 ISSUE.

I WANT TO BRING UP A DIFFERENT ISSUE, NOT SO MUCH THE IDEA OF REJECTING OR APPROVING, CHANGING IT BACK TO AN RGO, BUT THE ONE THING THAT BOTHERS ME IS THE FACT THAT THE PCB APPROVED CONSTRUCTION IN THE CONSERVATION OVERLAY DISTRICT.

I BELIEVE THAT THEY DID NOT HAVE ENOUGH ADEQUATE COMPLETE RESEARCH AND ANALYSIS TO MAKE THE DETERMINATION IF THAT WAS THE BEST THING TO DO OR NOT.

AS SANDRA MENTIONED, AS YOU LOOK AT ALL THE CONSTRUCTION THAT HAS BEEN GOING ON, THE CITY, A COUPLE OF YEARS AGO, PASSED A VIEWSHED ORDINANCE.

THE INTENT OF THE VIEWSHED WAS EXACTLY TO DO THAT, TO PROTECT THE VIEW ALONG THE WATERWAYS AND OTHER GREAT SITES.

THE PCB, I BELIEVE, FAILED THE INTENT OF THE CITY TO PROTECT THE VIEWSHED ON THIS RIVER.

WHEN YOU LOOK AT WHAT COULD HAVE BEEN DONE, I BELIEVE THAT THE DEVELOPERS OR THE OWNERS NEVER REALLY GOT TOGETHER WITH THE NEIGHBORHOOD PEOPLE TO FIND OUT THEIR OPINION ON PROTECTING THE VIEWSHED.

I DON'T THINK THEY DID ENOUGH RESEARCH ON IT.

THE PCB, IN MY OPINION, APPROVED IT WITHOUT SUFFICIENT EVIDENCE.

I'M NOT GOING TO SAY APPROVE OR DENY THE RGO.

I AM GOING TO GO BACK TO WHAT MR. BURKE SAID.

IF YOU APPROVE RGO, YOU LOSE CONTROL OF THE FIRST PROJECT ALTHOUGH THE SECOND PROJECT YOU WILL HAVE SOME CONTROL.

BUT WHEN YOU LOOK AT WHAT'S ALREADY APPROVED BY THE PCB THAT COULD BE DISASTROUS ALONG THE WATERFRONT.

SO MY REQUEST IS, RETURN IT BACK TO THE PCB, TELL THEM TO DO MORE RESEARCH ON THE VIEWSHED ISSUES AND THE CONSERVATION OVERLAY ZONE. THANK YOU.

>> THANK YOU VERY MUCH. OUR NEXT SPEAKER IS MADDIE RAYFORD HARMS. WELCOME, MS. HARMS.

[01:30:10]

>> MADDIE RAYFORD HARMS, 307 ST. GEORGE STREET.

I DIDN'T THINK I'D BE THE FIRST ONE UP HERE AFTER THEM.

[LAUGHTER] BECAUSE I HAD A WHOLE THING. I'LL START AT THE BOTTOM.

IN 2014 WHEN THE DEVELOPER BROUGHT THE PROPERTY TO ST. AUGUSTINE NEWSPAPER, THE RECORD REPORTS "THE DEVELOPER WANTS TO GET A FEEL FOR THE CONCERN OF RESIDENTS, BUSINESS OWNERS, AND OTHERS IN THE COMMUNITY, AND THEY PLAN TO WORK WITH THE CITY TO COME UP WITH A PLAN THAT FITS THE AREA." WHAT DID WE GET INSTEAD? FOOT DRAGGING REQUESTS FOR EXTENSIONS, AMENDMENTS, MISSED DEADLINES, AND NOW A REZONING REQUEST.

FOR ALL OF THIS, THE CITY BENT ITSELF BACKWARDS TO ACCOMMODATE ALL OF THIS.

BUT NO, THEY DIDN'T WANT ANY AMENDMENTS, AND NOW THEY WANT A REZONING. WELL, WHAT'S NEXT? WE DON'T HAVE TO GIVE A REZONE TO THEM.

THEY HAVE HAD THEIR FAIR CHANCE, MORE THAN THEIR FAIR CHANCE.

PLEASE DON'T BE AFRAID OF A LAWYER WHO SPEAKS ABOUT FLORIDA CASE LAW, ABOUT THE COMP PLAN, ABOUT COMPATIBLE LAND USE.

THEY HAD A PUD LEAVE IT AS A PUD.

THEY HAVE BEEN GIVEN DUE PROCESS.

THAT'S WHAT THE LAW REQUIRES, AND WHY DO THEY GET TO SUM UP AFTER WE ALL HAVE TO SPEAK HERE.

WHY DO THEY GET TO SUM UP? THE PROJECT FOR THE SAN SEBASTIAN HAS BEEN AROUND FOR A LONG TIME.

DEVELOPERS HAVE COME AND GONE.

THE ZONING HAS BEEN REVISED DURING THIS TIME, BUT TIMES HAVE CHANGED SINCE THAT LAST ZONING WHICH WAS A LONG TIME AGO.

ST. AUGUSTINE TODAY IS DEFINITELY DIFFERENT.

IT'S NOT THE ST. AUGUSTINE OF 2007.

IN 2014, SEVEN YEARS AGO, THIS DEVELOPER BUYS THE PROPERTY WITH THE DEVELOPMENT PLAN THAT WAS APPROVED IN 2007.

SO WE'RE THINKING, GREAT, GREAT THINGS ARE GOING TO HAPPEN HERE.

BUT WHAT HAPPENS? NOTHING HAPPENS. HE COMES AROUND AND HE WANTS AN EXTENSION TO 2016.

WHAT DOES THE CITY COMMISSION DO? GIVES HIM AN EXTENSION TO 2019.

APRIL 2019. APRIL 2019 COMES ALONG.

THERE'S NO DEVELOPER THERE TO COME WITH ANY AMENDMENTS.

SO THEY COME IN DECEMBER, AND WHAT DO WE SAY? "OH, OKAY. GO AHEAD." BUT INSTEAD THEY COME BACK WITH A HUGE PLAN.

WE GAVE THEM A CHANCE, WE BENT OVER BACKWARDS.

INSTEAD, THEY WAIT ON AUGUST 10TH AND THEY GO BEFORE THE PCB.

THE PCB MEETING WAS SIX AND-A-HALF HOURS LONG.

THEY WERE THE LAST ONES ON THE AGENDA.

IT WAS AS IF THE PCB BOARD MEMBERS WERE TIRED OF DEALING WITH THE ISSUE AND WE LEFT AT 8:30, HAVING HAD A UNANIMOUS VOTE.

I FULLY REQUEST THAT YOU DENY THIS REZONING REQUEST.

GIVE THEM THE PUD THAT THEY PURCHASED, THE PUD THAT'S BEEN NEGOTIATED. THANK YOU.

>> THANK YOU. OUR NEXT SPEAKER IS MR. JIM CAMERON.

>> GOOD EVENING. I'M JIM CAMERON, 335 BUCK NAIL DRIVE, DAYTONA BEACH AND WANTED TO ADD THAT I PREVIOUSLY IN DAYTONA BEACH WORKED WITH THE DAY TONAL REGIONAL CHAMBER WHERE I WAS ABLE TO WORK WITH YOUR MAYOR HERE.

MAYOR UPCHURCH WHEN HE WAS IN THE FLORIDA LEGISLATURE, BUT I'VE SAT HERE TONIGHT, ACTUALLY I'M SOMETHING ELSE.

I WANTED TO MEET YOUR CITY MANAGER.

THE ONE I SAW THIS ON THE AGENDA.

I WANTED TO SPEAK UP ON IT BECAUSE I'VE WORKED WITH THIS FAMILY IN DAYTONA BEACH FOR A NUMBER OF YEARS AND I'VE SEEN THEM WHERE THEY'VE TAKEN SOME SO-SO TYPE PROPERTIES AND I'LL ADD, NEEDED SOME ATTENTION, BUT THEY TOOK THOSE PROPERTIES AND DEVELOPED THEM INTO GOOD-QUALITY PROPERTIES THOUGH.

I WANT TO SAY IT'S LIKE WE HAVE A GOOD HOLIDAY INN AND A HAMPTON INN, BUT THEY DIDN'T STOP THERE, THEY TOOK ON A GOOD PROPERTY, ACAPULCO HOTEL DOWN THERE, BEACH SIDE AND DEVELOPED IT INTO OUR SECOND AT THE TIME FOR STAR PROPERTY, THERE ARE SUB DELTA OF JAIL, TOP QUALITY, SOMETHING WE NEEDED TO ON DAYTONA BEACH, BUT AGAIN, THEY DIDN'T STOP THERE.

THEY TOOK OUR ABSOLUTE WORST PROPERTY ON OUR BEACH SIDE, WHICH WAS NICKNAMED ONE OF THE WORST HOTEL PROPERTIES ON THE EASTERN SEABOARD BY A PAPER

[01:35:04]

AND THEY TURNED AROUND AND DEVELOPED IT INTO A HARD ROCCO HOTEL, ANOTHER FOUR-STAR HOTEL.

ITS IMPACT HAS MADE A DIFFERENCE BECAUSE IT'S GOTTEN OTHER PROPERTIES IN OUR BEACH SIDE THOUGH TO UP THEIR GAME, IT'S GOOD QUALITY COMPETITION, BUT THE THING I'D LIKE TO STRESS IS THAT THESE PEOPLE, THEY STAY INVOLVED AND THEY PARTICIPATE IN THE COMMUNITY.

I MEAN, I'VE STAYED IN TOUCH WITH A BOSS ON A WEEKLY BASIS PRETTY MUCH AND I DON'T EVEN WORK WITH CHAMBER ANYMORE, BUT I WANTED TO STRESS THOUGH, WHEN IT COMES TO GOOD QUALITY PROJECTS, THESE PEOPLE, THEY'RE GOOD NEIGHBORS, BUT THEY HAVE A SUPERB TRACK RECORD, SO HIGHLY RECOMMEND THEM.

>> THANK YOU VERY MUCH. OUR NEXT SPEAKER IS LAUREN [INAUDIBLE] WELCOME.

>> HI. I WORK VERY HARD TO BE CIVIL WHEN I'M UP AT THE PODIUM WITH MY THREE MINUTES IS IT'S DIFFERENT WAY.

>> START YOU ALL OVER IF YOU JUST GIVE YOUR NAME AND ADDRESS FOR THE RECORD BECAUSE AND THEN WE'LL START YOUR THREE MINUTES.

>> THANK YOU. LAUREN [INAUDIBLE] 257, RIBERIA STREET, ST. AUGUSTINE.

I WORK VERY HARD TO BE CIVIL WHEN I'M UP AT THE PODIUM WITH MY THREE MINUTES, IT IS DIFFICULT.

I'M A DIRECT PERSON AND PRONE TO USING FOUR-LETTER WORDS WHEN A SITUATION PLEASES OR AGGRAVATES ME AND THIS FOUR-LETTER WORD SITUATION HAS DEFINITELY AGGRAVATED ME.

A FEW WEEKS AGO, THE ATTORNEY FOR THE DEVELOPER WALKED PAST ME LIKE A CALCULATE THE CANARY.

WE CITIZENS WANT DEVELOPERS TO FOLLOW THE RULES OF PODS.

WHICH STATE OF PID WILL NOT BE DETRIMENTAL TO THE PUBLIC HEALTH MORALS, WELFARE WILL NOT IMPAIR THE INTEGRITY OR THE CHARACTER OF THIS OWED DISTRICT.

WE'LL ENSURE SAFE AND CONVENIENT TRAFFIC CONTROL, PROVIDE ADEQUATE FLOOD CONTROL, INSTALLATION OF NECESSARY AND ADEQUATE ROADS, SIDEWALKS, FACILITIES, ETC, AND ONLY BUILD ON 50 PERCENT OF THE LAND.

NOW WE MUST RESIGN OURSELVES TO THE LATEST BITS OF TERROR THAT COZY HAS INCURRED ON ITS RESIDENTS.

THE LATEST KOWTOW GOING TO DEVELOPERS, AS YOU GAVE THEM MORE TIME TO PLAN THE DOWNFALL OF OUR CITY AND YOU LACK THE IMAGINATION TO MAKE THIS LESS OF A ONE-HORSE TOWN, WITH OTHER TYPES OF LIGHT INDUSTRY.

IT IS SHAMEFUL THAT COSTS HAVE BENT OVER THE FOUR-LETTER WORD TABLE AND GAVE AWAY THE SECOND LAYER OF THE CONSERVATION ZONE TO THE DEVELOPERS.

HOW COULD YOU GIVE AWAY OUR CITY WITH LITTLE DISCUSSION AND NO DISSENSION? YET WE IN LINCOLNVILLE IN THE REST OF ST. A ARE SUPPOSED TO REMAIN TOLERANT.

AT THE LAST COASTAL MEETING YOUR DISCUSSION INCLUDE A SLIP OF THE TONGUE ABOUT HOW AN URBAN RENEWAL PLAN FOR THIS PARCEL OF LAND, BECAUSE LINCOLNVILLE AREA WAS CONSIDERED A DEPRESSED AREA AND NOT UP TO EXPECTATIONS.

ALL URBAN RENEWAL IS WHAT HAPPENS WHEN POLITICIANS DEEM NEIGHBORHOODS UNDESIRABLE, LIKE A BLACK NEIGHBORHOOD INSTEAD OF SUPPORTING JOB TRAINING, CREATING JOBS, AND MEETING WITH THE COMMUNITY.

A PAST COASTAL SOLD THE LAND AND YOU CONTINUE TO SELL OUT THE RESIDENTS.

A PAST COASTAL WANTED TOURIST DOLLARS TO ENTER THE NIGHT OF LIGHTS, BUT THEY LACKED THE VISION TO MANAGE THE INFRASTRUCTURE AND THE ENVIRONMENT.

NOW YOU WANT TAX DOLLARS, BUT WE RESIDENTS DON'T KNOW FOR WHAT PURPOSE, AND CERTAINLY NOT FOR TRIPS TO SPAIN.

WHEREAS THE URBAN PLANNING ARE EVEN COMMON SENSE, NO COMMON SENSE IS THE HOTEL, THE HILTON HOTEL AT THE ENTRANCE ON KING STREET.

IT IS A FOUR-LETTER WORD, NIGHTMARE WITH THE AMOUNT OF CARS THAT WILL JAM TRAFFIC ON THE BRIDGE.

MY ONLY CONSOLATION IS THAT YOU AND YOUR STAFF WILL HAVE TO DEAL WITH THIS TRAFFIC TWICE A DAY, FIVE DAYS A WEEK, BUT THAT IS NOT ENOUGH OF A PUNISHMENT FOR SELLING OUT OUR FOUR-LETTER WORD TOWN. THANK YOU.

>> THANK YOU. MISS [INAUDIBLE] I HAVE TWO MORE CARDS.

ARE THERE ANY OTHER CARDS? IF THERE IS ANYBODY THAT WOULD LIKE TO SPEAK, I DO NEED A CARD.

THANK YOU VERY MUCH. THANK YOU.

>> MISS. WHISTLER. GAIL WHISTLER. WELCOME.

[01:40:05]

>> THANK YOU. CAN YOU HEAR ME WITH MY MASK ON?

>> YES.

>> I'M AFRAID OF THE MICROPHONE BEING CONTAMINATED.

I'M GAIL WHISTLER, 163 MARTIN LUTHER KING AVENUE IN LINCOLNVILLE.

I'M ASKING, I SEE THEY'RE QUITE DIFFERENT ARRAY OF OPINIONS HERE, BUT I'M ASKING YOU TO VOTE NO, ON THE REQUEST FOR THE RG OVER ZONING AND AND GIVE THE POD, LET IT GO BACK TO THE POD.

HERE WE ARE AGAIN, TALKING ABOUT ANOTHER ITERATION OF SEBASTIAN HARBOR DEVELOPMENT.

IN SPITE OF THE CONCERNS EXPRESSED BY ST. AUGUSTINE RESIDENTS ABOUT THE WATERWAYS ALREADY DEEMED TO BE IMPAIRED, GUARANTEED INCREASE IN TRAFFIC AND FLOODING AND THE NEGATIVE EFFECT ON OUR WATERWAYS.

THE DEVELOPMENT IS BACK ON THE TABLE WITH NO PUBLIC BENEFIT, WHICH WAS THE INTENTION OF THE OF THE PRODUCT.

IT AGAIN APPEARS THAT THE DEVELOPER IS TRYING TO AVOID PUBLIC OVERSIGHT AND OUR POSITION.

WHAT DO WE LOSE FROM THE 2007 POD? A VIEW SHED OF THE RIVER, BUT NO, I WAS TOLD IN A RECENT MEETING, IT WAS 78 FEET OF YOU STAND OVER HERE AND 180 FEET IF YOU STAND OVER HERE, BUT BASICALLY, YOU CAN ALREADY SEE THAT THE VIEW-SHED WILL BE GONE.

PUBLIC GREEN SPACE IN THE ORIGINAL POD, INCLUDING AN AMPHITHEATER, SCULPTURE GARDEN, A RIVER WALK, SUDDEN, WONDERFUL IN THE ORIGINAL PLAN AND PUBLIC PARKING WHICH WE NEED.

WHAT DO WE GET IN AN EXCHANGE OF PRIVATE RESORT? MORE THAN THE 45,000 CARS PER DAY, WHICH WAS IN THE ORIGINAL ESTIMATE BEFORE THE HOMEWOOD SUITES AND MARRIOTT WAS BUILT WITH ONE ACCESS POINT ON KING STREET.

THIS VERY LARGE IMPERVIOUS SURFACE, WHICH IS GOING TO GUARANTEE MORE FLOODING, ALREADY HAS, AND WHICH IS TOTALLY AGAINST THE RECOMMENDATIONS IN THE COASTAL RESILIENCY REPORT AND THE FOLLOWING ACCOUNTABILITY REPORT AND HERE WE HAVE THE BIG WALL BLOCKING CONSERVATION OVERLAY ZONE 1, VISTAS AND SCENIC AREAS.

AGAIN, LINCOLNVILLE RESIDENTS, ARE THOSE MOST NEGATIVELY IMPACTED BY THESE NEW PLANS.

I'VE NOTICED RECENTLY IN MAPS OF THE OLD CITY, LINCOLNVILLE ISN'T EVEN ON THE MAP IN THE KING STREET. WE'RE ARE HERE.

DEVELOPMENT IS CONSTANTLY ENCROACHING ON OUR NEIGHBORHOOD, WHERE THE ONLY WASTEWATER TREATMENT PLANT THAT SERVES THE ENTIRE CITY IS AGING AND HAS ALREADY FAILED.

AS YOU KNOW, DURING HURRICANE MATTHEW.

THE NEW DEVELOPMENTS WILL STILL ADD STRESS TO THIS COMPROMISE PLANT WITH NO PLANS FOR AN ALTERNATE SYSTEM UPSIDE OF LINCOLNVILLE.

MANY LINCOLNVILLE RESONANCE HAVE LEFT IN FRUSTRATION, BUT MANY OF US WANT TO CONTINUE TO LIVE HERE.

THIS HISTORIC NEIGHBORHOOD RISKS LOSING THE VIEWS AND THE CHARM THAT BROUGHT US HERE TO BEGIN WITH. THANK YOU.

>> THANK YOU.

THE NEXT SPEAKER IS MR. RICHARD SPENCE

>> RICHARD SPENDS 140 ON EITHER STREET IN LINCOLN, THOUGH.

I'M ALSO ON THE BOARD OF LINCOLN NEIGHBORHOOD ASSOCIATION.

THE BOARD HAS MET WITH MR. BIRCHUM, AND WITH MR. REAGAN, AND MISS LOPEZ HAS BEEN VERY KIND ANSWERING A LOT OF QUESTIONS THAT WE'VE HAD TRYING TO UNDERSTAND SOME OF THE SUBTLETIES OF THIS.

THERE'S A LOT IN HERE, AND THERE SEEM TO BE TWO LEGAL THINGS THAT I CERTAINLY DON'T UNDERSTAND.

THE FIRST ONE IS MRS. HAVERY SMITH SEEM TO THINK IT'S JUST AS FLORIDA STATE LAW THAT YOU HAVE TO APPROVE THIS.

OBVIOUSLY, I DON'T KNOW THE ANSWER TO THAT, BUT THAT'S SOMETHING THAT NEEDS SOME FINE DISCUSSION AND CONSIDERATION I THINK.

SECONDLY, THE APPLICANT BOUGHT A PROPERTY THAT WAS LEGALLY ZONED AS A 2007 PUD, WHICH HAD VERY REAL PLANS AND SPECIFICATIONS.

HE WAS OBLIGATED TO BUILD WHAT HE BOUGHT AND INDEED HE'S ALREADY COMMENCED THIS PUD.

WE KNOW THE PUD IS ALREADY STARTED.

AS YOUR PACKET SHOWS, THE EXISTING PUD ALLOWS FOR ALL USERS WITHIN THE RGO ZONING DISTRICT,

[01:45:04]

SO THIS REZONING WILL NOT CHANGE THE ALLOWABLE USES OF THE PROPERTY.

AS FAR AS WE CAN SEE, THE ONLY REASON THE APPLICANT WANTS TO CHANGE THE ZONING IS BECAUSE IT REMOVES ANY OVERSIGHT THAT WE HAVE.

I THINK THAT'S EXACTLY WHAT WE WANT.

IT IS WE WANT TO HAVE SOME OVERSIGHT AND CONTROL OVER HOW THE PROPERTY LOOKS IT'S THE ENTRANCE TO THE CITY.

I HOPE THAT THE COMMISSIONERS WILL AGREE THAT YOU INDEED WANT SOME CONTROL OVER HOW IT'S GOING TO LOOK AS WELL. THANK YOU VERY MUCH.

THANK YOU VERY MUCH. OUR NEXT SPEAKER IS MS. MELINDA RAKONCAY.

HOW DOES THIS WORK? I'M PUTTING SOMETHING ON HERE.

[LAUGHTER] WE'LL WAIT UNTIL IT'S OUT.

THIS PROJECT.

WAIT. NAME AND ADDRESS, PLEASE.

I'M SORRY. MELINDA RAKONCAY, 86 MAGNOLIA AVENUE, ST. AUGUSTINE.

THANK YOU.

THIS PROJECT HAS BEEN ANTICIPATED SINCE THE PUD APPROVAL OF 2007.

IT WAS MEANT TO BE AN IMPRESSIVE ENTRY TO THE WESTERN SIDE OF OUR HISTORIC DOWNTOWN THAT THE PUBLIC WOULD BENEFIT FROM.

IF YOU GRANT THE RGO REQUEST TONIGHT, ALL OF THAT GOES DOWN THE DRAIN.

MR. BEN SAID JUST THE INPUT.

TO REVIEW WHAT WILL BE LOST, THE RIVER WALK, WHICH WAS ALWAYS AN IMPORTANT PART OF THE PROJECT, WILL NOT BE COMPLETED EVEN THOUGH THE PILINGS ARE ALREADY THERE.

NO PUBLIC AMPHITHEATER OR SCULPTURE GARDEN, NO PUBLIC PRIVATE PARKING AGREEMENT, AND NOTHING DISTINCTIVE ABOUT THE ARCHITECTURE THAT RELATES TO ST. AUGUSTINE.

WHEN THE APPLICANT BOUGHT THE PUD IN 2014, IT WAS LEGALLY ZONED AS THE 2007 PUD, WHICH HAD VERY REAL PLANS AND SPECIFICATIONS THAT HE WAS OBLIGATED TO BUILD.

THESE PLANS WOULD HAVE BEEN BUILT IF THERE HADN'T BEEN FOR THE CRASH OF THE 2009 REAL ESTATE.

NO ONE FORCED THE APPLICANT TO BUY IT.

HE EVEN ASKED THE CITY TO EXTEND THE TIME PERIOD OF THE PUD THAT HE BOUGHT.

AT THE PRESENT TIME, THIS PROPERTY IS STILL ZONED.

THIS PUD IN OUR CODE STATES AS A ZONING DISTRICT, THE TERMS AND CONDITIONS OF A PUD SHALL BE ENFORCEABLE IN THE SAME MANNER AS ENFORCEMENT OF ALL OTHER CITY CODE PROVISIONS.

IT ALSO SAYS THE PUD IS BINDING TO THE APPLICANT'S PROPERTY OWNERS IN EACH OF THEIR SUCCESSOR COYOTES, TO EVERY COMMITMENT MADE.

THIS MEANS IF THE NEW OWNER WAS BOUND TO BUILD EVERY COMMITMENT MADE IN THIS PUD, WE SIMPLY WANT YOU TO UPHOLD THE LEGAL PUD ZONING THAT'S THERE NOW.

THERE HAS BEEN NO TWO YEARS OF TRYING TO WORK WITH THE CITY COMMISSION ON THIS ONLY ONE MEETING IN JANUARY 25 WHEN YOU COULD HAVE SIMPLY TOLD HIM YOU BOUGHT THE 2017 PUD, AND THAT'S WHAT WE EXPECT YOU TO BUILD.

BUT INSTEAD, IN SPIRIT OF COMPROMISE, YOU ALL GAVE HIM BLOCKS OF THOUGHTFUL INPUT, ALL OF WHICH HE IGNORED.

HE HASN'T EVEN HIRED AN ARCHITECT.

HE HAS PRESENTED NO JUSTIFICATION AS TO WHY HE CANNOT BUILD THAT 2007 PUD OR WHY HE CANNOT WORK WITH THE CITY TO AMEND IT.

AT THIS POINT, THE BURDEN OF JUSTIFICATION IS ON THE APPLICANT.

THE CITY COMMISSION CANNOT JUSTIFY WHY IT SHOULD ABANDON A LEGALLY ZONED PUD, WHICH HAS BENEFITS TO THE PUBLIC WHEN RGO DOES NOT.

IF YOU DENY THIS REQUEST, YOU'RE NOT TAKING AWAY ANYBODY'S PUBLIC PROPERTY LICENSE.

HE CAN STILL BUILD THE 2007 PUD HE BOUGHT, HE CAN WORK WITH THE CITY TO AMEND THAT PUD OR HE CAN SELL IT FOR A TIDY PROFIT.

ASK THE APPLICANT TO CONTINUE WORKING WITH YOU TO FIND A CREATIVE SOLUTION THAT CAN WORK FOR EVERYBODY.

HOLD OFF AND DO NOT MAKE A DECISION ON THIS PUD UNTIL YOU'VE ALSO HEARD THE 157 KING [OVERLAPPING] BECAUSE THEY'RE LINKED.

OUR LAST CARD THAT I HAVE, OUR LAST SPEAKER IN THE PUBLIC HEARING IS MS. BJ COLLETT.

BJ COLLETT WITH CITY OF ST. AUGUSTINE 8 NEWCOMB, ORDINATES 2021-19 SHOULD NOT BE PASSED.

IT SHOULD BE DENIED.

THE PUBLIC'S INTERESTS WILL NOT BE BENEFITED.

THIS DEVELOPER CAN WAIT UNTIL APRIL 23, 2022 WHEN THE PUD EXPIRES AND RGO ZONING CAN GO FORWARD IF THAT'S WHAT HE WANTS TO DO.

[01:50:06]

THE DEVELOPERS ON THE EAST SIDE OF THE SAN SEBASTIAN RIVER ARE CREATING DEVELOPMENTS SUCH AS THE CRAYOLA HOTEL AND TWO OTHER HOTELS ON THE WEST BANK OF THE SAN SEBASTIAN RIVER.

THIS IS NOT ST. AUGUSTINE.

IN 2014, THIS SANFORD, FLORIDA DEVELOPER PURCHASED THE PROPERTY FOR $5,475,000 WITH THE PUD ZONING, KNOWING WHAT HE WAS GOING TO PURCHASE.

THE CITY OF ST. AUGUSTINE HAS FAILED FOR YEARS TO REQUIRE A MOBILITY FEE FOR DEVELOPERS TO PAY FOR IMPACTING CITY ROADS, SUCH AS RIBERIA STREET AND SEBASTIAN HARBOR DRIVE, WHICH IS BEHIND THE POLICE DEPARTMENT, AND PART OF WHICH WAS MALAGA SOUTH OF KING STREET.

THAT'S VERY IMPORTANT.

THERE'S SOMETHING GOING ON.

WHEN THE CITY OF ST. AUGUSTINE TAKES OVER KING STREET FROM FLORIDA DEPARTMENT OF TRANSPORTATION, THERE'S A MEETING ON THE 15TH.

AFTER THIS DEVELOPER PROCEEDS THEN THIS DEVELOPER WILL NOT BE REQUIRED TO PAY FOR IMPACT ON KING STREET WITH ADDITIONAL TRAFFIC FOR A HOTEL, GEORGIAN RENTALS, AND GARAGE.

THIS BURDEN WILL BE ON TAXPAYERS, NOT THIS DEVELOPER.

I APPRECIATE SPEAKING LAST EVEN THOUGH I DIDN'T WRITE IT IN RED.

BECAUSE IT'S INTERESTING TO LISTEN TO EVERYBODY TALKING.

I'M GOING TO SAY THIS OUT LOUD.

I APPRECIATE THIS GENTLEMAN COMING UP FROM DAYTONA BEACH.

I DON'T THINK ANYBODY HERE ONCE LIVE IN DAYTONA BEACH, I CAN'T BE WRONG TO GO TO THE RACES, BUT I DON'T THINK SO.

AS FAR AS WAIT NOW NO OUTBURSTS, COME ON NOW, LET ME GET MY TIME.

HARD ROCK HOTEL WE DO NOT NEED AN HISTORICAL ST. AUGUSTINE, MAYBE YOU THINK SO.

WE, THE PUBLIC DO NOT THINK AND CLOSING, IF YOU'VE LISTENED, WE'RE NOT LAWYERS.

WE DON'T KNOW THE LAW, BUT WE KNOW WHAT IS RIGHT AND WHAT IS WRONG, AND THIS IS WRONG.

ALL PUBLIC COMMENTS WERE AGAINST THIS REQUEST.

DENY THIS REQUEST.

LET HIM GO BACK AND DO WHAT THEY WANT WITH THE PUD.

THEN IN APRIL OF NEXT YEAR, IF THEY WANT TO DO THE RGO, THEY'RE GOING TO HAVE IT.

WHAT IS THE RUSH? THERE'S SOMETHING GOING ON AND I BELIEVE IT IS ABOUT THE TRAFFIC.

THE INCREASE ON KING STREET IS GOING TO CONTINUE NO MATTER WHAT THIS FAMILY DOES.

LET'S NOT HAVE A HARD ROCK HOTEL IN ST. AUGUSTINE.

THANK YOU. DO I HAVE ANY MORE CARDS? I DO NEED TO MOVE ON EXPEDITIOUSLY WITH THE PUBLIC HEARING.

THANK YOU. MY LAST SPEAKER IS MS. NICKI SMITH. WELCOME.

>> HI. I'M NICK SMITH IN 93 SOUTH STREET HERE IN ST. AUGUSTINE, LINCOLNVILLE. [OVERLAPPING]

>> MA'AM, I'M SORRY, I APOLOGIZE.

WERE YOU SWORN IN WITH THE REST OF THE GROUP?

>> YES.

>> OKAY. PERFECT. THANK YOU.

>> THANK YOU, MISS.

>> I WANT TO ALSO TALK ABOUT THIS [INAUDIBLE] HARBOR PROJECT.

CLEARLY, THIS PROJECT HAS BEEN GOING ON WAY TOO LONG.

I AGREE IT NEEDS TO GO BACK TO THE PCB BOARD FOR EXTENSIVE RESEARCH, AND ALSO NOW TO FAST FORWARD TO THE FLOODING CONTROL, AND WHICH I FEEL IS OUT OF CONTROL.

THERE ARE INCREASED FLOODING ON THE STREETS EVERYWHERE, SO I WANT TO KNOW WHAT ARE THE PLANS FOR FLOODING AND TRAFFIC CONTROL? I THINK MERELY WHEN IT RAINS, I HAVE TO TURN AROUND ON DIFFERENT STREETS AND TRY TO AVOID A LOT OF THE FLOODING.

IT'S JUST WAY RIDICULOUS.

I DON'T KNOW WHAT'S THE IMPACT OF THIS PROJECT IS GOING TO HAVE ON THAT, AND THAT'S A LITTLE SCARY FOR ME.

ALSO, I THINK WITH ALL THE EXTENSIONS IN THE MEETINGS, I THINK IT SAYS A LOT ABOUT WHAT THE PEOPLE WANT.

LASTLY, IF IT WAS BOUGHT A 2,000 PUD, IT SHOULD STAY A PUD. THANK YOU.

>> THANK YOU VERY MUCH. I HAVE NO FURTHER CARDS, AND AT THIS POINT, THIS PUBLIC HEARING IS CLOSED.

[01:55:06]

MS. SMITH, YOU'RE COMING FOR YOUR FINAL SUMMATION HERE.

>> SORRY, MR. MAYOR.

>> THAT'S JUST FINE.

>> WELL, I WILL SAY SINCE WE NEED A LITTLE HUMOR IN THE ROOM RIGHT NOW.

>> MS. SMITH, YOUR NOTES ARE BEING BROADCAST AROUND THE ROOM AND YOU MAY OR MAY NOT WANT THAT.

>> THANK YOU. [LAUGHTER] WELL, THAT'S OKAY.

BECAUSE I DO AGREE WITH WHAT THE LAST SPEAKER AND THE FIRST SPEAKER SAID.

TO INTERJECT A LITTLE HUMOR IS THIS PROJECT HAS BEEN GOING ON FOR WAY TOO LONG.

I SAY THAT BECAUSE I KNOW THAT THIS IS NOT AN EASY TASK FOR YOU AND THIS HAS NOT BEEN EASY FOR MY CLIENT.

THIS HAS NOT BEEN EASY FOR THE COMMUNITY.

IT HASN'T BEEN EASY FOR THE LAST HOWEVER MANY YEARS WE'VE ALL BEEN WORKING DILIGENTLY TO MAKE THIS HAPPEN.

I RESPECT THAT.

BUT YOU'RE DEALING WITH PEOPLE WHO OWN A PIECE OF PROPERTY THAT HAS A LAND USE, AND FLORIDA LAW ALLOWS THEM TO SEEK A REZONING OF THEIR PROPERTY CONSISTENT WITH THAT LAND USE.

JUST LIKE FLORIDA LAW ALLOWS ALL OF US WHO OWN PROPERTIES AND HOMES TO APPLY A REZONE IF WE WANT TO.

IT'S OUR PREROGATIVE BY LAW TO ASK FOR A REZONING.

THE REZONING WE'RE SEEKING TODAY IS RGO, WHICH IS THE COMPATIBLE LAND USE TO RESIDENTIAL MEDIUM DENSITY MIXED-USE.

I JUST WANT TO GO THROUGH A COUPLE OF NOTES FROM THE COMMUNITY BECAUSE ALL OF THE THINGS THAT RESIDENTS ARE WORRIED ABOUT, TRAFFIC AND FLOODING AND ALL OF THAT, IS DEALT WITHIN YOUR LAND DEVELOPMENT CODE.

YOU DON'T NEED A PUD FOR ALL OF THAT.

THEY COMPLY WITH THE LAND DEVELOPMENT CODE, WITH THE REQUIREMENTS OF THE WATER MANAGEMENT DISTRICT.

ALL OF THOSE THINGS ARE PROTECTED BY LAW.

NOT ONLY WITH THE CITY, BUT WITH THE STATE OF FLORIDA.

I ALSO WANT TO MENTION JUST ALONG THE WAY TO BE FAIR, MR. MAGUIRE MENTIONED THAT NOBODY HAD MET WITH THE RESIDENTS.

WELL, MY CLIENTS MET WITH MR. MAGUIRE PERSONALLY ABOUT THIS PROJECT.

THEY'VE MET WITH OTHER PEOPLE IN THIS COMMUNITY.

WE REACHED OUT TO THE NEIGHBORHOOD COUNCIL OVER A YEAR AGO AND RECEIVED NO RESPONSE ABOUT A MEETING WITH THE COMMUNITY.

I JUST WANT TO BE CLEAR, WE'RE NOT THE BAD GUYS.

WE'RE NOT MEAN PEOPLE TRYING TO DO SOMETHING BAD TO LINCOLNVILLE.

IN FACT, IT WAS POINTED OUT DURING ONE OF THE HEARINGS ON THE PUD THAT THIS PROPERTY ISN'T IN LINCOLNVILLE.

IT'S IN DOWNTOWN AND IT CONTRIBUTES TO THE DOWNTOWN CRA, AND IT WILL CONTINUE TO CONTRIBUTE TO THE DOWNTOWN CRA.

AGAIN, I'M NOT GOING TO RESPOND TO SOME OF THE OTHER COMMENTS JUST BECAUSE THEY ARE BASED ON THINGS THAT AREN'T RELATED TO THE ZONING.

I JUST WANT EVERYBODY IN THE ROOM TO KNOW THAT FLORIDA LAW AND THE CITY'S CODES TAKE CARE OF THE CONCERNS THAT WERE EXPRESSED IN THIS ROOM TONIGHT.

I'M GOING TO LET MR. MARK WEST COME UP HERE AND SAY HIS FEW CENTS, AND THEN WE WILL WRAP UP AND ANSWER WHATEVER QUESTIONS YOU MIGHT HAVE.

>> MAYOR, VICE MAYOR, COMMISSIONERS, JEREMY MARK WEST [INAUDIBLE], 34 CORDOVA STREET.

A LOT OF TIMES I WILL COACH OUR TEAMS ABOUT KEEPING A GOOD PROJECT A GOOD PROJECT.

THIS IS A GOOD PROJECT.

THIS IS ONE THAT HAS BEEN AROUND FOR THE ENTIRETY OF MY TIME HERE IN ST. AUGUSTINE.

ONE OF THE THINGS THAT WE LOOK FOR IS GOOD QUALITY CLIENTS, AND THEY HAVE A PROVEN TRACK RECORD IN OTHER COMMUNITIES, BUT ALSO HERE IN OURS.

THEY TOOK THE PROPERTY THAT WAS ON SAN MARCO, TURNED IT FROM AN EXTERIOR LOADED CORRIDOR HOTEL INTO THE DOUBLE TREE THAT WE ALL KNOW ON SAN MARCO.

THEY'VE ALREADY SHOWN THAT THEY'RE COMMITTED TO ST. AUGUSTINE.

BUT ONE OF THE THINGS THAT AS WE WERE EXPLORING THE PUD VERSUS RGO IS, IS THIS STILL GOING TO BE A GREAT PROJECT? THIS IS STILL GOING TO BE A GREAT PROJECT.

THEY'VE ASSEMBLED A GOOD TEAM.

I REALIZE I'M BIASED WHEN I SAY THAT, BUT THEY HAVE ASSEMBLED A VERY TALENTED TEAM BEHIND THIS.

THEY'VE ALSO ASSEMBLED A CREW THAT UNDERSTANDS HOW WE NEED TO WORK WITH LAND DEVELOPMENT CODE.

ONE OF THE PIECES THAT HAS COME UP MULTIPLE TIMES THROUGH THIS PROCESS IS THAT THERE'S A DISAGREEMENT WITH SOME IN THE COMMUNITY ABOUT WHICH PIECES WE SHOULD BE LOOKING AT OR NOT LOOKING AT IT IN TERMS OF THINGS LIKE PARKING, HOW MUCH IS ENOUGH, ETC.

IN MANY RESPECTS, THE RGO IS JUST US COMING BACK TO THE COMMISSION AND REALLY HAT IN HAND SAYING JUST WANTED TO GO BACK TO THE PREDEFINED.

WE JUST WANT TO DO IT PER THE ZONING CODE.

WE'RE NOT LOOKING FOR ANY SPECIAL PARKING SITUATIONS.

[02:00:04]

WE'RE NOT LOOKING TO DO ANYTHING OUT OF THE ORDINARY, BUT WE STILL ARE COMMITTED TO A GREAT PROJECT.

THAT'S PART OF WHAT I THINK THAT [INAUDIBLE] FAMILY HAS SHOWN IS THAT THEY DO HAVE A TRACK RECORD.

WE'RE HERE TO ANSWER ANY QUESTIONS, BUT WE THOUGHT THAT IT WAS IMPORTANT JUST IN TERMS OF THE DESIGN TEAM TO SHARE OUR ASSURANCE THAT WE'RE WORKING FOR A GREAT PROJECT, AND THAT'S OUR INTENT.

>> BUT MR. MARK WEST, WITH ALL DUE RESPECT, YOU'RE ASKING US TO TRUST YOU.

THERE AREN'T ANY PLANS HERE.

WE DON'T SEE ANYTHING BEFORE THE COMMISSION.

LET ME FINISH, MS. SMITH.

YOU SAY IT'S A GREAT PLAN AND YOU DO GREAT WORK, AND NOT DISPUTING ANY OF THAT.

BUT THE POINT IS IS THAT THIS IS A TRUST ME, TRUST US STATEMENT, BECAUSE WE'LL NEVER SEE IT BEFORE IT COMES OUT OF THE GROUND.

YOU DON'T NECESSARILY NEED TO RESPOND TO THAT, BUT THAT'S MY RESPONSE TO YOUR COMMENTS.

AGAIN, NOTHING PERSONAL.

YOU HAVE AN EXCELLENT REPUTATION AND I HAVE EVERY BELIEF THAT YOUR CLIENTS HAVE AN EXCELLENT REPUTATION.

THEY'VE BEEN LOVELY PEOPLE.

BUT THERE'S NOTHING BEFORE THE COMMISSION, SO ALL WE HAVE TO DO IS TO TRUST YOUR REPRESENTATIONS.

>> I UNDERSTAND AND APPRECIATE WHERE THE MAYOR IS COMING FROM.

WE HAVE A SAYING IN OUR FIRM, THE [INAUDIBLE] IS THE LAST THING YOU GOT BUILT.

I'M JUST SUGGESTING THAT THEY HAVE A GOOD REPUTATION OF GOOD QUALITY PROJECTS.

THAT IS TO THEIR ADVANTAGE TO MAKE THIS A GREAT PROJECT, BECAUSE THAT'S HOW THEY WILL DEFINE THIS PROPERTY AND BRING VISITORS TO OUR CITY AND MAKE IT A GREAT PROJECT THAT WILL MAKE MONEY FOR THEM AND BENEFIT THE TAX BASE OF THE CITY AS WELL.

WORKING WITHIN THE CONFINES OF RGO, WE CAN, AND WE'LL MAKE THIS A GREAT PROJECT.

BUT I APPRECIATE WHERE THE MAYOR IS COMING FROM.

>> THANK YOU.

>> THAT BEING SAID, MR. MAYOR, I'LL JUST SAY IT ONE MORE TIME BECAUSE I FEEL LIKE WE HAVE TO END ON THE PLEASE REMEMBER THE LAND USE IS RESIDENTIAL MEDIUM DENSITY MIXED USE, AND RGO IS THAT COMPANION ZONING TO THAT.

WITH THAT, WHATEVER QUESTIONS YOU MIGHT HAVE, WE'LL SUBMIT OUR POWERPOINT INTO THE RECORD AND MOVE FORWARD.

THANK YOU VERY MUCH FOR YOUR TIME THIS EVENING.

>> THANK YOU. COMMISSIONERS.

>> I'LL JUST STEP RIGHT OUT HERE AND SAY THAT I DID NOT HEAR A JUSTIFICATION THAT SATISFIES ME PERSONALLY, TO GRANT A REZONING, TO GIVE UP THE AMAZING GENERAL PUBLIC BENEFIT THAT THE PUD OFFERS TO THE COMMUNITY.

THAT IS MY [INAUDIBLE].

>> COMMISSIONERS.

>> I'LL BE HAPPY TO GET INVOLVED WITH THIS CONVERSATION BECAUSE IT'S A CONVERSATION I GOT INVOLVED IN BACK IN 2004 BACK WHEN A GUY NAMED WALLY DEVIN HAD A DREAM.

HE WAS GOING TO BUILD A TERRIFIC DEVELOPMENT IN OUR ENTRY QUARTER KNOWS THAT.

PATRICIA, YOU SAW UP THERE A LITTLE WHILE AGO.

IT WAS A TERRIFIC PROJECT.

ROXANNE, WAL, AND I WERE BOTH INVOLVED, AND MAYBE OTHERS.

I THINK WE WERE THE ONES, AT LEAST I WAS WHO BILL LORI WAS ALL ABOUT THE 90-FOOT TOWER BECAUSE WE WANTED TO ADD TO THE SKYLINE OF ST. AUGUSTINE, WE CAME ACROSS BRIDGE ALLIANCE.

I HAD CONCERNS AT THAT TIME THAT WHEN WE START REPLICATING OUR DOWNTOWN HISTORIC ARCHITECTURE OUTSIDE OF DOWNTOWN, ARE WE COMPROMISING DOWNTOWN'S ARCHITECTURE? I KNOW SANTA FE DID A BAD JOB OF THAT A FEW YEARS AGO WHEN THEY TOOK THEIR ADOBE-STYLE ARCHITECTURE AND PLASTERED IT ALL OVER THE CITY AND SOMEHOW THE HISTORIC SECTION WASN'T SO SPECIAL ANYMORE BECAUSE EVERY DAMN THING WAS ADOBE.

[LAUGHTER] MAYBE THERE IS ROOM OUTSIDE OF THE HISTORIC DOWNTOWN FOR OTHER ARCHITECTURAL STYLES.

I KNOW ROXANNE AND I HAVE TALKED ABOUT THAT BEFORE IN THE PAST AND MAYBE THIS IS THE PLACE FOR IT.

IT'S A HOTEL DISTRICT.

I'M GOING TO GO DOWN THE LIST BECAUSE THIS HAS BOTHERED ME A LOT.

I'VE LOST SLEEP OVER THIS.

I'M CONFLICTED OVER IT.

I'M CONCERNED ABOUT IT.

I KNOW WITHOUT A SHOUT OF A DOUBT THE BEST USE OF THIS PROPERTY IS NO USE AT ALL.

IT SITS FOUL, IT SITS FAKING.

BECAUSE THEN WE DON'T HAVE THE PROBLEM WITH TRAFFIC, WHICH IS THE NUT OF THIS THING, IS THE TRAFFIC. IT REALLY IS.

BUT THAT'S HIGHLY UNLIKELY THAT'S GOING TO HAPPEN BECAUSE THIS PROPERTY IS OWNED, PEOPLE WHO OWN IT IN THIS COUNTRY HAVE THE RIGHT TO

[02:05:02]

DO THINGS WITH IT AND THINGS ARE GOING TO HAPPEN TO THIS PROPERTY THAT'S GOING TO NEGATIVELY AFFECT THE TRAFFIC ON KING STREET, PARTICULARLY THE BOTTLENECK BETWEEN WHAT I CALL THE FEC BUILDINGS HERE OR PEOPLE WHO ARE NEWER HERE IS CALLED FLAGLER COLLEGE AND THE WINERY.

WE CAN'T GET INTO THE LANE IN THERE.

WE CAN'T GET A TURN LANE.

THOUGH A REAL SOLUTION TO THE LINCOLNVILLE'S PROBLEMS IS A BRIDGE FROM [INAUDIBLE] LIBRARY A POINT TO 207.

THAT ISN'T GOING TO HAPPEN EITHER ALTHOUGH IT NEEDS TO HAPPEN.

WHEN I LOOK AT THIS PROJECT AND I PULL THE PARKING SOLUTION, I'M NOT SURE THERE IS A SOLUTION OUT OF IT OTHER AND JUST TRYING TO LESSEN THE IMPACT AND I MADE A LIST OF.

I LOOK AT THE ARCHITECTURAL STYLE ISSUE, WELL, FRANKLY, AGAIN, GOING BACK TO, DO WE WANT TO TRY TO MAKE PSEUDO HISTORIC ST. AUGUSTINE OUTSIDE THE HISTORIC DISTRICT? THAT'S A QUESTION. PRACTICALLY, THE WINERY, WHICH HAS ARCHITECTURAL REVIEW WILL SHIELD THIS PROJECT.

THIS PROJECT SITS AROUND THE BEND OF SAN SEBASTIAN, WHO I'M VERY FAMILIAR WITH BECAUSE I HAVE BUSINESS ON THE SEBASTIAN, SO YOU'RE NOT GOING TO SEE IT FROM THE BRIDGE.

AT THIS POINT AS FAR AS ACCESSIBILITY TO THAT PROPERTY, THERE IS STILL ACCESSIBILITY.

THERE'LL BE MORE ACCESSIBILITY BY THE PUBLIC ONCE THE HOTEL IS BUILT.

IT'S IN THE HOTEL'S INTEREST TO INVITE THE PUBLIC IN.

THAT'S HOW THEY GET PEOPLE TO COME IN AND RENT THEIR ROOMS AND USE THEIR FACILITIES AND HAVE WEDDINGS AND LORD KNOWS WHAT.

I THINK TO SOME DEGREE, THERE'LL BE MORE ACCESSIBILITY.

THE BOARDWALK THING, THEY'LL BUILD THE BOARDWALK.

IT'S ECONOMICALLY INSANE NOT TO BUILD.

THE HARD PART'S DONE, THE PILINGS ARE DOWN, AND THEY WANT THE BOARDWALK FOR THEIR OWN CUSTOMERS, FOR GOODNESS SAKES.

THAT'S AN AMENITY A HOTEL WANTS.

HONESTLY, I WOULD NOT OPEN MY MARINA UP TO PUBLIC ACCESS BECAUSE I CAN'T CONTROL THE PUBLIC THEN.

AS PRIVATE PROPERTY, I INVITE THE PUBLIC AND ALL THE TIME, BUT I HAVE THE OPTION TO SAY, "I DON'T WANT YOU HERE BECAUSE YOU'RE DOING A BAD THING." THAT GOES AWAY TO SOME DEGREE WHEN YOU OPEN THE DOOR BY MAKING IT OFFICIAL THAT IT'S PUBLIC.

I'VE BEEN TOLD IT'S ABOUT POLLUTING THE SAN SEBASTIAN AND FLOODING ISSUES.

THE POLLUTION OF THE SAN SEBASTIAN RIVER COMES FROM SEPTIC TANKS.

WE NEED THE MONEY FROM THE AVALON ROOM TAXES OFFICE TO BUILD MORE SEWERS IN WEST AUGUSTINE.

THE MOST POLLUTED BODY OF WATER IN THE CITY IS OYSTER CREEK BECAUSE UPSTREAM TO THAT, WE'VE GOT A LOT OF SEWER SEPTIC.

OUR SEPTIC TANKS ARE FAILING.

WE NEED THE MONEY TO DO THAT.

STREET RUNOFF. EVERY DRAIN AND LINCOLNVILLE GOES RIGHT INTO THE RIVER. EVERY ONE OF THEM.

NO INTERRUPTERS ON IT, NO BASKETS, NO NOTHING.

EVERYTHING THAT FLOATS DOWN THAT DRAIN ENDS UP IN FRONT OF MY MARINA.

WE DIP IT OUT WITH DIPSTICK REGULARLY.

IT ALSO, QUITE FRANKLY, COMES FROM MARINA WASTE AND THE MOST RECENTLY, HOMELESS CAMPS.

WE HAVE A PROBLEM WITH CAMPS POPPING UP AND UNFORTUNATELY, MY HEART GOES OUT TO THESE PEOPLE, BUT THEY LEAVE A LOT OF MESS BEHIND THAT WASHES RIGHT IN THE RIVER.

WE CLEAN THAT UP AS WELL.

CAN WE UTILIZE THE AVALON TAXES OFF THIS PROJECT AND MAYBE HELP FIND A SOLUTION FOR THE HOMELESS ISSUE? SOMEBODY'S GOT TO HELP US.

WE DON'T HAVE THE MONEY, AND THE COUNTY DOESN'T SEEM TO WANT TO STEP AND HELP US TOO MUCH ON IT. THE FLOODING ISSUE.

THIS HOTEL WILL HAVE WATER RETENTION.

ALL THE STORMWATER IS GOING TO GO TO UNDERGROUND VAULTS.

EVERYTHING COMES OFF THE ROOF, GOES INTO THE UNDERGROUND VAULT.

IT SETS, IT SETTLES, WATER COLUMN.

THE FLOTSAM GOES TO THE TOP, THE BAD STUFFS GO TO THE BOTTOM AND IT THEN FLOWS OUT INTO THE RIVER.

IT'S A LOT BETTER THAN WHAT WE GOT RIGHT NOW.

THE PREDOMINANT STUFF IS DUMP AGAIN, LIKE I SAY, OFF THE STREETS.

FLOODING. WHAT'S CAUSING YOUR STREETS TO FLOODING IS A 19TH-CENTURY SYSTEM AND CLIMATE CHANGE, OCEAN RISE, AND MORE STORMS. GET USED TO IT. OUR PROBLEM IS NOT THIS HOTEL, OUR PROBLEM IS BURNING FOSSIL FUELS IN THIS WORLD.

THAT'S THE BIG PICTURE.

IT'S NOT HOTELS LIKE THIS.

IT'S NOT THE MARIA SANCHEZ LAKE PROJECT THAT'S GOING TO CAUSE ALL THE PEOPLE OUTSIDE THE AREA THAT NOT HELPED BY IT BECAUSE WE'RE GOING TO BE THROWING WATER IN THEIR YARDS.

THAT'LL RAISE A WHOLE [INAUDIBLE] OCEAN.

AS I GO THROUGH THIS LIST AND I'VE THOUGHT A LOT ABOUT IT, I'M HAVING A HARD TIME.

PUBLIC ACCESS, A BOARDWALK, WE TALKED ABOUT THAT, CONTROLLING THE VAGRANTS, LESS EXPENSIVE TO CLEAN THAN IT IS TO REMOVE IT. TRAFFIC SOLUTION.

NO TRAFFIC SOLUTION.

HOW DO YOU MITIGATE THE TRAFFIC THERE? WE CUT DOWN THE INTENSITY OF THE USE.

NOW, ARGUABLY, A HOTEL MIGHT HAVE LESS USE THAN LOTS OF OTHER THINGS.

FOR INSTANCE, MOST PEOPLE WOULD CHECK OUT THE HOTEL AT 11 O'CLOCK, YOU HAVE A RUSH OF TRAFFIC.

MOST WOULD PEOPLE CHECK IN THREE OR FOUR O'CLOCK, YOU HAVE A RUSH OF TRAFFIC.

ONCE THEY HIT THAT PARKING GARAGE, THEY'RE GOING TO BE RIDING BICYCLES, THEY'RE GOING TO BE WALKING, THEY'RE GOING TO BE TAKING TRAMS, HORSE AND BUGGIES.

THOSE CARS WILL HIT THE ROAD AGAIN TILL THEY GO BACK OUT AND GO ABOUT ACROSS

[02:10:02]

TO SAN SEBASTIAN RIVER TO US1 IN WHATEVER DIRECTION THEY GO.

MAYBE WE NEED TO RETHINK THIS.

JUST HOW MUCH NEGATIVE IMPACT DOES THE WHOLE HOTEL HAVE VERSUS APARTMENTS OR CONDOS, OR THE ELEPHANT IN THE ROOM, VACATION RENTALS? I DON'T HAVE A SOLUTION.

WELL, I DO HAVE A SOLUTION FOR PARKING.

WE BUILD A BRIDGE FROM LIBRARY POINT TO 207.

I'VE HIT ON THE TAX THING, THE BENEFIT.

YOU GOT THE LABOR WARRANT TAXES, YOU'VE GOT TO CRA, YOU'VE GOT FIRE ACCESS FEES, YOU GOT UTILITY FEES, YOU GOT THE BUILDING PERMITS.

I ASKED MARK SIMPSON EARLIER, OUR DIRECTOR OF FINANCIAL SERVICES TO, PLUS HE'S SMARTER THAN I WHEN IT COMES TO NUMBERS, I'M JUST A PLUMBING GUY.

I ASKED HIM TO MAKE HIMSELF AVAILABLE JUST TO TELL US IN HIS EXPERT OPINION WHAT THE CITY WOULD STAND TO REALIZE IN TAX BENEFIT, AND IF MARK'S HERE, WITH YOUR PERMISSION, I'D LIKE HIM TO COME FORWARD TO OPINE ON THAT BECAUSE THIS IS IMPORTANT.

THIS IS AN OPPORTUNITY FOR THE CITY TO MAKE A BUNCH OF MONEY QUICKLY.

THIS PROJECT COULD BE UP AND RUNNING A YEAR'S TIME VERSUS BEING IN A COURT BATTLE FOR THE NEXT TWO OR THREE YEARS AND MAYBE LOSING.

WE'VE SKIPPED THIS BALL DOWN THE COURT EVER SINCE I GOT HERE 35 YEARS AGO.

I'VE BEEN HEARING ABOUT IT IN 1986.

I REMEMBER WHEN YOU GUYS BOUGHT IT.

I WAS ON THE PCB AND APPROVED IT.

I WAS ON THE PCB AND APPROVED IT THE SECOND TIME.

WE GOT TO BUILD THIS THING.

WHAT DO WE STAND TO BENEFIT? OR DO WE, MARK? TELL ME [LAUGHTER].

>> THE HISTORIC AREA CRA WOULD REAP ROUGHLY $850,000 A YEAR BASED ON THE PROJECTED INCREASE VALUE OF THE DEVELOPMENT.

OVER A 30 YEAR PERIOD, IT COULD BE SUBSTANTIAL.

BUT THE INITIAL ESTIMATE WAS $850,000 A YEAR.

>> HOW COULD THAT MONEY BE UTILIZED? IS THERE ANY RESTRICTIONS ON IT?

>> THE RESTRICTIONS RESIDE WITHIN THE HISTORIC AREA CRA, SO WOULD BE TRAFFIC, PARKING, AND THINGS FOR THE HISTORIC AREAS.

>> THIS MONEY WOULD BE GOING TOWARDS TRAFFIC AND PARKING INSIDE A CERTAIN AREA?

>> CORRECT.

>> WHICH MEANS WE WOULDN'T HAVE TO UTILIZE MONEY FROM OUR COFFERS TO DO THAT WORK.

WE COULD TAKE THAT WORK AND PUT IT INTO WEST ST. AUGUSTINE AND IMPROVE THE SANITARY SEWER WHICH IMPROVES THE WATER HEALTH IN THE SEBASTIAN RIVER.

I MEAN, IT'S INCOME. THAT'S MY POINT.

NOW, I'M ABOUT TO WRAP IT UP HERE, SO BEAR WITH ME.

THE PERFECT WORLD. MY PERFECT WORLD, REALLY.

THE BUILDER BUILDS THE PUD.

I DON'T THINK THAT'S GOING TO HAPPEN.

I THINK THE NEXT THING WE'LL SEE IS A LAWSUIT.

THE CITY BUYS BACK THE PROPERTY AND THERE'S NO DEVELOPMENT AT ALL. WELL, THAT'D BE GREAT.

I DON'T THINK THAT'S GOING TO HAPPEN EITHER BECAUSE I DON'T THINK THERE'S ONE WHO'LL WRITE THAT CHECK BECAUSE IT'S GOING TO BE A BIG ONE.

WHY WOULD A DEVELOPER WANT TO SELL THIS OR TO SELL TO ANOTHER DEVELOPER IS GOING TO BE TOUGHER THAN THESE GUYS ARE NOT NEARLY AS GOOD REPUTATION, POSSIBLY.

NEW PUD, WELL, WE ALREADY TALKED ABOUT THAT, THAT ALWAYS IS SOMETHING THAT'S NOT GOING TO HAPPEN BECAUSE WE'VE CROSSED THAT BRIDGE AND CROSSED BACK ACROSS AND I KNOW THERE'S HARD FEELINGS ABOUT HOW IT WAS DONE.

I HAVE THEM TOO BECAUSE IT WASN'T WHAT I EXPECTED.

ALLOW THE HOTEL TO BE BUILT AND MAYBE HAVE AN OPPORTUNITY TO BUY BACK THE LAND THAT WAS GOING TO BE EARMARKED FOR CONDOS AND APARTMENTS.

WE CAN TAKE THAT OUT OF THE DEVELOPMENTAL POOL.

WE DO AFFECT THE TRAFFIC IN A GOOD WAY BECAUSE WE JUST REMOVED A PIECE OF LAND THAT COULD BE 60, 70, 40, 80 HOWEVER MANY APARTMENTS OR CONDOS GO INTO GREEN SPACE OR WHATEVER WE WANT TO DO TO IT BECAUSE WE WILL OWN IT AGAIN.

THAT'S A GOOD SOLUTION.

THE FINAL REALITY OF THIS, I BELIEVE THAT WE SHOULD ALLOW THIS RGO BECAUSE AS I GO DOWN IT METHODICALLY, AS YOU CAN TELL THAT I DO IS HOW I DO MY BUSINESS.

IT'S NOT A PERFECT WORLD.

THIS WHOLE THING IS REALLY BAD, BUT AT THE END OF THE DAY, IT IS A SOLUTION THAT I'M FINDING THAT IT MAKES MORE SENSE TO ME THAN BATTLING OUT IN THE COURTROOM FOR TWO YEARS AND THE DAMN THING GETS BUILT ANYWAY AND WE'VE LOST THAT REVENUE FOR TWO YEARS, PLUS WE HAVE THE EXPENSES.

YOU'RE THE ATTORNEY, I'M NOT BUT JUST HAVING LIVED FOR 73 YEARS AND 50 OF IT IN BUSINESS, I KNOW HOW IT PLAYS OUT AND I'D RATHER SEE THEY EARN $1,000 A YEAR RIGHT NOW.

YOU KNOW WHAT? I TRUST THESE PEOPLE TO BUILD A GOOD-LOOKING BUILDING.

DO YOU KNOW WHY? IT'S IN THEIR BEST INTEREST.

THEY HAVE COMPETITION.

THEY HAVE TO BUILD A BUILDING THAT APPEALS TO THE PUBLIC.

THEY HAVE TO BUILD A BUILDING THAT'S GOING TO BRING PEOPLE IN AND MAKE THEM COME BACK.

WE ALSO HAVE A THING CALLED THE BUILDING CODE AND THE ZONING CODE THAT DICTATES WE DO IT ALL THE TIME.

I HAVE CLIENTS ALL THE TIME BECAUSE WE WANT TO BUILD A BUILDING.

[02:15:03]

I DON'T KNOW WHAT'S GOING TO LOOK LIKE AND TO A LESSER OR WAS IT FOR ME OR [INAUDIBLE] OR ARCHITECTS SMARTER THAN ME, DRAWS IT FOR ME, BUT WE HAVE A GUIDELINE IN WHICH TO WORK.

ANYWAY, I WILL STAND DOWN NOW.

ANYWAY, I THINK IT'S SOMETHING WE NEED TO REALLY THINK LONG AND HARD ABOUT BEFORE WE KICK IT DOWN THE ROAD.

>> THANK YOU, COMMISSIONER.

>> I BEG YOUR PATIENCE, I HAVE PRETTY EXTENSIVE COMMENTS.

I'M GOING TO START BY ACTUALLY TAKING A QUOTE FROM OUR CITY ATTORNEY AND AN EMAIL COMMUNICATION WHERE SHE WAS HELPING EXPLAIN THIS PROCESS IN THE LEGAL FOUNDATION.

THE QUOTE IS, "OUR CODE EXPLICITLY STATES THAT THE PUD PROCESS IS A VOLUNTARY PROCESS INITIATED BY AN APPLICANT TO PROVIDE FLEXIBILITY FOR THEIR PROJECT, WHILE AT THE SAME TIME PROVIDING AN OPPORTUNITY FOR THE CITY PLANNING AND ZONING BOARD AND CITY COMMISSION TO INTEGRATE POTENTIAL BENEFITS AND INNOVATIVE DESIGNS FOR PROJECTS THAN THE REGULAR ZONING DISTRICTS ALLOW." THAT'S WHAT THE FORMER PUD HAD.

THE POINT, IN OTHER WORDS OF A PUD IS TO INCREASE THE BENEFIT TO THE PUBLIC WHILE ALSO BENEFITING THE DEVELOPER.

IF REZONED, THE CITY LOSES THE ABILITY TO NEGOTIATE ON TOPICS SUCH AS MOBILITY, PUBLIC ACCESS, VIEW-SHED TO SAN SEBASTIAN RIVER, PUBLIC GREEN SPACE IN AN ARCHITECTURAL REVIEW OF A KEY COMPONENT OF THE PROJECT.

I THINK IT'S IMPORTANT TOO TO REVISIT THE TIMELINE OF THE PUD.

IT WAS OBTAINED IN 2004, AMENDED IN 2007.

IN 2016, THIS DEVELOPER APPLIED SUCCESSFULLY FOR AN EXTENSION OF THE PROJECT COMPLETION DEADLINE WITH NO SUBSTANTIVE CHANGES TO THE PUD.

IN OTHER WORDS, THE APPLICANT TO ME CLEARLY DEMONSTRATES THAT THEY HAVE MADE SEVERAL SIGNIFICANT EFFORTS TO RETAIN THE PUD.

NOW, MOVING CLOSER TO OUR CURRENT TIME DURING THE REGULAR COMMISSION MEETING ON JANUARY 25TH OF THIS YEAR, MS. AVERY SMITH ARGUED STRENUOUSLY FOR THEIR PROPOSAL FOR AMENDING THE PUD AND PASSAGE AT FIRST READING.

THIS BODY, MYSELF, AND OTHERS SPENT A GREAT DEAL OF TIME AND THOUGHT IN DOING THE RESEARCH AND PROVIDING EXTENSIVE AND SPECIFIC COMMENTS, AND ASK THE APPLICANT TO RETURN WITH ADDITIONAL INFORMATION, IN EFFECT, TO AMEND THEIR PUD FOR A MORE FAVORABLE CONSIDERATION OF THEIR DEVELOPMENT PROPOSAL BY THIS BODY.

THE FIRST READING WAS CONTINUED TO FEBRUARY 22ND, THIS COMMISSION AGREED TO THAT.

AT THAT MEETING, THE APPLICANT REQUESTED A CONTINUANCE OF THE FIRST READING TO APRIL 26, WHICH WAS APPROVED WITH NO ADDITIONAL INFORMATION PROVIDED FOR AN AMENDED PUD.

THIS COMMISSION, THEREFORE, HAS EVIDENCED A CLEAR WILLINGNESS TO WORK WITH THE APPLICANT FOR THE MUTUAL BENEFIT OF BOTH THE PUBLIC AND THE APPLICANT.

BUT INSTEAD OF GOING BACK AND PROVIDING US WITH MORE DETAILED INFORMATION, THE APPLICANT AT THE APRIL 26 MEETING APPLIED FOR A REZONING, WHICH WE REMANDED BACK TO THE PCB, AND THAT'S WHAT WE SEE BEFORE US.

I DO HAVE TO SAY THAT I'M VERY DISAPPOINTED IN THE PCBS DECISION ON THE CONSERVATION OVERLAY FOR THIS SITE, WHICH EFFECTIVELY REMOVES THE RIVER WALK AND OTHER KEY AMENITIES.

WITH ALL DUE RESPECT, COMMISSIONER VALDEZ, YOUR QUESTIONS ABOUT THE ECONOMIC IMPACT, WHILE DEFINITELY MEANINGFUL, NOBODY'S SUGGESTING A TAKING HERE OF PROPERTY RIGHTS.

THIS IS SIMPLY A QUESTION OF REZONING.

IF WE AGREE TO REZONE, WE LOSE THE OPPORTUNITY TO NEGOTIATE FOR KEY COMPONENTS THAT WE'VE MADE SO MUCH PROGRESS IN DOING IN THE LIFESPAN OF THIS PUD.

THE OPPORTUNITY TO NEGOTIATE FOR MOBILITY, IMPROVEMENTS FOR PUBLIC ACCESS, FOR GREEN SPACE, FOR ARCHITECTURAL REVIEW, IN FACT, COMMISSIONER MR. VALDES, IF WE REZONE THIS, THIS ONE MAY NOT MAKE YOUR HEART RACE AS YOU STATED IN THE JANUARY MEETING.

IN CLOSING, THE MESSAGE WE SENT TONIGHT TO OUR CITIZENS AND OTHER DEVELOPERS IN OUR CITY IS OF THE UTMOST IMPORTANCE.

THANK YOU.

>> I'M ALMOST TONGUE TIED AFTER THAT.

THAT WAS VERY WELL SAID AS WELL AS YOURS AND I APPRECIATE ALL OF THOSE COMMENTS.

I MAY HAVE THE LONGEST TIME INVOLVED IN THIS PROJECT BECAUSE WAY BACK WHEN YOU WERE TALKING WHEN IT FIRST CAME UP, I WAS ONE OF FIVE ARCHITECTS ON THE TEAM TRYING TO GET THIS PROJECT.

[02:20:02]

WE DID SOME AMAZING WORK, WORK THAT WAS VERY WAREHOUSE LIKE [INAUDIBLE] IT FIT THAT PIECE OF PROPERTY.

IT WAS VERY EXCITING, I MEAN NOT JUST OURS, THERE WERE OTHER PEOPLE THAT ACTUALLY GOT THE PROJECT.

THEN I ALSO TOUCHED IT DURING PLANNING AND ZONING.

THEN OF COURSE, I'VE BEEN ON THE BOARD FOR NINE YEARS AND WE'VE BEEN TALKING ABOUT IT.

IT MAKES ME SO VERY SAD TO THINK ABOUT LOSING THE PROGRESS THAT WE MADE ON THIS.

I HAVE A LOT OF HOPE IN JANUARY WHEN IT CAME TO US THAT WE WOULD BE ABLE TO GIVE FEEDBACK AND THAT IT WOULD BE HEARD AND THAT WE COULD MASSAGE IT AND KEEP THAT PROGRESS THAT WE HAD MADE.

BUT IT DOESN'T LOOK LIKE THAT'S GOING TO HAPPEN.

NOW, REGARDING TRAFFIC, I CERTAINLY LIVE SOUTH OF KING'S STREET, I GO THROUGH THAT INTERSECTION SEVEN DAYS A WEEK 2-3 TIMES A DAY.

IT IS A WORRY WITH THE TRAFFIC THAT THIS WILL GENERATE BUT THE ARPEGGIO ZONING WOULD MAKE THAT TRAFFIC SOMEWHAT LESS, SO THERE IS A PLUS ON THAT SIDE.

I THINK THERE WAS A MISUNDERSTANDING MENTIONED BY ONE OF OUR SPEAKERS REGARDING THE PUD EXPIRING IN APRIL OF 2021.

I HAVE SPOKEN TO OUR ATTORNEY, MS. LOPEZ ABOUT THAT TODAY AND THAT'S NOT OUR UNDERSTANDING THAT THE PUD WOULD BE EXPIRING IF IT DOESN'T COMMENCE BY APRIL 2027, IT WOULD THEN BE EXPIRED.

I DON'T THINK WE SHOULD BE LOOKING INTO APRIL AS OUR DATE FOR POSSIBLY HAVING IT RETIRE.

I MUST SAY LOSING THE ARCHITECTURAL OVERSIGHT ON THIS PROJECT IS RATHER FRIGHTENING.

WHEN SOMEBODY MENTIONS A HARD ROCK CAFE OR A HARD ROCK HOTEL IN DAYTONA BEACH, IF WE DON'T HAVE OVERSIGHT, COULD THAT ACTUALLY HAPPEN HERE? I DON'T KNOW. IF THEY SOLD THIS PROPERTY TO SOMEBODY ELSE WITHOUT A PUD IN PLACE, WITHOUT ARCHITECTURAL REVIEW, COULD THAT HAPPEN? THAT'S VERY WORRISOME FOR OUR HISTORIC CITY FOR ALL THAT WE'RE TRYING TO DO TO PROMOTE CULTURE AND HISTORY HERE IN OUR CITY.

WE JUST HAD TWO PRESENTATIONS ON WHAT WE'RE DOING, THAT WOULD NOT FIT ST. AUGUSTINE, MOST OF US KNOW THAT.

HOPEFULLY THIS CLIENT OR THIS OWNER KNOWS THAT.

I'VE LOST A LOT OF SLEEP ALSO ON THIS.

IT'S PROBABLY THE SECOND AND MAYBE EQUALLY HARD DECISION AFTER THE [INAUDIBLE] PROPERTY, THAT WAS A VERY DIVISIVE PROJECT HERE IN OUR CITY.

IT TURNED OUT TO BE A WONDERFUL PROJECT.

I'M GLAD WE APPROVED IT.

>> I'M SORRY, WHICH ONE?

>> THE [INAUDIBLE] PROPERTY, THE HISTORIC HOUSES ON THE CORNER OF BRIDGE.

IT'S JUST VERY DIFFICULT AND SO I'M WEIGHING A LOT OF THINGS AT THIS TIME AND I'D LIKE TO TURN IT BACK TO YOU MR. MAYOR.

>> THANK YOU, COMMISSIONER AND I FEEL MUCH THE SAME WAY.

I'M VERY TORN ABOUT THIS FOR ANY NUMBER OF REASONS.

LET ME JUST RESPOND TO A COUPLE OF THINGS AND I'LL BE BRIEF.

WITH ALL DUE RESPECT, I HAVE NO DESIRE FOR THIS PROPERTY TO REMAIN VACANT.

THIS IS AN IMPORTANT OPPORTUNITY.

THIS IS A VACANT INDUSTRIAL SITE AND IT IS NOW IN ONE OF OUR KEY ENTRY WAYS AND WE NEED THIS PROPERTY BE DEVELOPED TO ADD TO THE FABRIC OF OUR COMMUNITY.

I SHARE FORMER COMMISSIONER PARKS' DESIRE TO SEE A PROJECT COME OUT OF THE GROUND.

I'M ALSO A STRONG SUPPORTER OF THE MULTIFAMILY COMPONENT, AT LEAST OF THE PUD.

[02:25:02]

WHEN WE THINK ABOUT A VISION FOR DOWNTOWN, RESIDENTS LIVING IN DOWNTOWN AND RETAINING AND ENHANCING A MIXED-USE, VIBRANT COMMUNITY IS HOW WE DO THAT.

I KNOW LOCALS, FOLKS THAT HAVE BEEN BORN AND RAISED THAT HAVE TOLD ME THEY'RE STANDING IN LINE TO PURCHASE ONE OF THESE PROPERTIES BECAUSE IT'S SO CLEARLY A WONDERFUL FIT IN OUR COMMUNITY.

THAT'S A PART OF THIS THAT VERY MUCH EXCITES ME.

I DO NOT THINK IT'S FAIR TO PUT ON THIS DEVELOPER ALL THE SONS OF THE CITY, WE CANNOT HOLD THEM ACCOUNTABLE FOR TRAFFIC ON KING STREET.

WE CAN'T HOLD THEM ACCOUNTABLE FOR WATER QUALITY ABSOLUTELY THEY HAVE A ROLE TO PAY FOR THAT.

BUT THEY CAN'T BE A SACRIFICIAL LAMB, THAT'S UNFAIR TO THEM.

THESE ARE COMMUNITY PROBLEMS THAT THIS COMMISSION AND THIS CITY'S STAFF ARE WORKING VERY, VERY HARD TO ADDRESS AND WE WILL CONTINUE REGARDLESS OF WHAT HAPPENS WITH THIS PROJECT.

I CANNOT THINK AND I'D BE DELIGHTED BECAUSE THERE'S MORE COLLECTIVE WISDOM AROUND THE TABLE.

I CAN'T THINK OF ANY OTHER PARCEL OF PROPERTY IN THE TRADITIONAL HISTORIC CONFINES OF THE CITY.

IN OTHER WORDS, WITH THE EXCEPTION OF PROPERTIES WE'VE ANNEXED INTO THE CITY IN RECENT YEARS, I CAN'T THINK OF ANY OTHER PARCEL THAT IS THIS LARGE INSIDE THE CITY.

THEREFORE, THAT'S WHY IT'S SO IMPORTANT TO US AS A COMMUNITY THAT THIS BE DONE RIGHT.

THE PUD ALLOWS US TO DO IT RIGHT, IT ALLOWS FOR PUBLIC INSIGHT AND OVERSIGHT AND GOOD HEAVENS I KNOW IT'S FRUSTRATING, I KNOW IT'S IT'S AGGRAVATING, I KNOW IT IT SPREADS OUT.

I FULLY APPRECIATE ALL THE FRUSTRATIONS BUT THE REALITY IS THAT'S THE WAY OUR LOCAL DEMOCRACY, OUR LOCAL GOVERNMENT WORKS AND WE TAKE THESE THINGS VERY SERIOUSLY.

YOU NEED TO UNDERSTAND THAT, AND I DON'T APOLOGIZE FOR THAT.

THESE THINGS ARE IMPORTANT TO US AND THAT'S WHY WE CAN MARKET OURSELVES AS A CULTURAL DESTINATION.

THAT'S WHY WE CHOSE TO LIVE HERE AND CONTINUE TO LIVE HERE.

WHAT I SEE IS, AND I VERY MUCH APPRECIATE THE COMPARISONS DONE BY STAFF AND THE COMPARISONS DONE BY THE APPLICANT'S ATTORNEY.

BUT CLEARLY, IF THIS ZONING IS CHANGED TO RGO, WE LOSE ALL ARCHITECTURAL GUIDELINES AND THEN WE'RE JUST DEPENDENT UPON THE GOODWILL, THE AESTHETICS, THE VISION OF THE DEVELOPERS, AND I'M NOT CASTING ANY DISPERSIONS ON THAT, BUT WHAT I'M SAYING IS, THE CITY NO LONGER HAS A SEAT AT THE TABLE.

THAT TO ME IS A SIGNIFICANT CRITERIA BECAUSE WE HAVE NUMEROUS PROPERTIES ON THE NATIONAL REGISTRY OF HISTORIC PLACES.

WE HAVE HISTORIC AREAS WHERE WE PROTECT ARCHITECTURE AND WE UNDERSTAND THAT THAT'S A VITAL PIECE, AND THAT'S SOMETHING WE GIVE UP WHEN WE LOSE THE PAD.

PUBLIC GREEN SPACE, THE RIVER WALK, YOU MAY BE EXACTLY RIGHT, BUT THERE ARE NO GUARANTEES.

SCULPTURE GARDEN, ET CETERA, THOSE ARE IMPORTANT THINGS THAT THE CITY IS BEING ASKED TO SURRENDER BY GRANTING THE RGO ZONING.

I WAS VERY DISAPPOINTED, I UNDERSTAND THE FRUSTRATION OF THE DEVELOPER, BUT I WAS VERY DISAPPOINTED AFTER WE HAD AN EXTENSIVE MEETING WITH THE DEVELOPER EARLY THIS YEAR AND THEN WE HEARD NOTHING MORE.

THE CONVERSATION GOES SILENT AND THE NEXT THING THAT THIS COMMISSION IS AWARE OF IS QUITE LITERALLY A 180.

I REMAIN WILLING AND COMMITTED TO WORK WITH THIS DEVELOPER, TO DO EVERYTHING IN MY ROLE AS MAYOR TO MAKE FOR AN EFFICIENT SYSTEM WHERE EVERYONE HAS AN OPPORTUNITY TO PARTICIPATE,

[02:30:02]

BUT I CANNOT SUPPORT THIS ORDINATES.

>> MR. MAYOR. I'M PREPARED TO MAKE A MOTION.

>> PLEASE.

>> WHAT'S THE NUMBER HERE? WE ARE GOING TO DO IT ONE AT A TIME. [OVERLAPPING]

>> MAY I GIVE YOU JUST A TINY BIT OF GUIDANCE IN TERMS OF SATISFYING THE LEGAL REQUIREMENTS, IF I MAY? IN TERMS OF A QUASI-JUDICIAL HEARING AS YOU KNOW, IT IS NOT A LEGISLATIVE MATTER AND IT IS A QUASI-JUDICIAL MATTER.

YOU MUST MEET THE THREE-PRONG TEST, WHICH IS THAT PROCEDURAL DUE PROCESS WAS AFFORDED TO THE APPLICANT, THAT THE ESSENTIAL REQUIREMENTS OF THE LAW ARE OBSERVED, AND THAT YOU PROVIDE FINDINGS SUPPORTED BY COMPETENT SUBSTANTIAL EVIDENCE.

THERE IS A BURDEN-SHIFTING PROVISION, AND THAT'S THE VALUE IN THE CASE.

THE BURDEN-SHIFTING PROVISION IN THE CASE LAW THAT WAS MENTIONED STATES THAT, THROUGHOUT THE QUASI-JUDICIAL HEARING PROCESS, THE BURDEN ALLOCATION SHIFTS.

FIRST IT GOES TO THE APPLICANT TO SHOW THAT THEY'VE MET THEIR BURDEN.

MEANING THAT THEY ARE COMPATIBLE WITH OUR COMPREHENSIVE PLAN, THAT THEY MEET ALL OF THE COMPREHENSIVE PLAN REQUIREMENTS, THAT THEY MEET ALL OF OUR LAND DEVELOPMENT CODE REQUIREMENTS AS WELL.

IF YOUR DETERMINATION AFTER HEARING THE EVIDENCE AND THAT'S COMPETENT, SUBSTANTIAL EVIDENCE, THAT THEY HAVE MET THEIR INITIAL BURDEN, THEN THE BURDEN SHIFTS.

IT'S CALLED BURDEN-SHIFTING AND THAT'S THE SNYDER DECISION, WHICH IS THE UNDERPINNING OF ALL ZONING IN FLORIDA.

WHEN THE BURDEN SHIFTS AND IF THE LOCAL GOVERNMENT CHOOSES TO DENY THE APPLICATION, PART OF YOUR FINDINGS HAVE TO BE THAT IT IS NOT ARBITRARY, DISCRIMINATORY, OR UNREASONABLE FOR YOU TO DENY THE REZONING.

PLUS AND THAT THE DENIAL ACCOMPLISHES A LEGITIMATE PUBLIC PURPOSE.

THAT'S THE CASE LAW REQUIREMENTS OF THAT BURDEN-SHIFTING THAT YOU'LL HAVE TO ARTICULATE.

>> PERFECT. THANK YOU.

>> SECONDLY, AND I APOLOGIZE, BUT THERE'S BEEN A CHANGE IN STATUTORY LAW.

CHAPTER 166 WAS ADOPTED IN 2016, AND IT ADDS A LITTLE WRINKLE TO THAT.

IN ADDITION TO THAT BURDEN-SHIFTING AND THOSE FINDINGS, CHAPTER 166 SAYS THAT, IF YOU'RE GOING TO DENY A DEVELOPMENT PERMIT, YOU'VE GOT TO INCLUDE A CITATION TO AN ORDINANCE OR RULE, OR STATUTE, OR OTHER LEGAL AUTHORITY AS THE BASIS FOR THE DENIAL OF THE PERMIT.

KEEP THAT IN MIND AS YOU'RE CONSIDERING YOUR DECISION IN YOUR ARTICULATING THE MOTION.

OF COURSE I CAN ANSWER ANY OTHER LEGAL QUESTIONS THAT YOU MAY HAVE.

>> OKAY.

>> ARE YOU ADVISING THE COMMISSION THAT THOSE THINGS MUST BE ARTICULATED IN THE MOTION? WE'VE ALREADY STATED THEM ON THE RECORD, AND INTEND TO DO THAT BY SPECIFICALLY STATING THAT THE LOSS OF ARCHITECTURAL CONTROL, THE LOSS OF PUBLIC ACCESS, AND THE LOSS OF PUBLIC GREEN SPACE WERE, IN MY OPINION, COMPETENT SUBSTANTIAL EVIDENCE.

ALL OF WHICH IS APPARENT.

THESE THINGS ARE ON THE RECORD ALREADY, BECAUSE IT'S A MERE COMPARISON BETWEEN THE EXISTING PUD AND THE RGO ZONING.

>> IF THAT'S THE BASIS, THAT'S FINE.

I JUST WANTED TO MAKE CLEAR [OVERLAPPING] WHAT THE STEPS WERE.

>> YES. WE UNDERSTAND, WE'VE HEARD THAT BEFORE. THANK YOU.

MY MOTION IS THE SAME.

I BELIEVE THAT THE MAYOR HAS MADE THE STATEMENT.

IT'S BEEN REPEATED OVER AND OVER AGAIN BY ALL FIVE OF US, HOW HARD WE'VE ALL WORKED TO STAY IN THIS PROCESS.

I WOULD HOPE THAT YOU WOULD BE ABLE TO SHAPE YOUR FINDINGS WHEN YOU MAKE THEM ACCORDING TO WHAT'S BEEN STATED.

MY MOTION IS, I MOVE THAT WE PASS COORDINATES 21-19.

>> NO.

>> NO.

>> NO?

>> WE DON'T WANT TO PASS THE ORDINANCE.

>> I'M SORRY. WE DENY [LAUGHTER] ORDINANCE 2021-19, WE DENY THAT ORDINANCE AND THAT'S IT.

>> SECOND.

>> WE HAVE A MOTION AND A SECOND FOR FURTHER DEBATE.

>> I THINK YOU'VE SAID IT ALREADY, THAT WE ARE ALL OPEN TO RE-WORKING WITH THE DEVELOPER, THE PAD.

>> ABSOLUTELY. SEEING NO FURTHER DEBATE, MADAM CLERK, PLEASE CALL THE ROLL.

>> NANCY SIKES-KLINE.

[02:35:02]

>> YES.

>> BARBARA BLONDER.

>> YES.

>> JOHN VALDES.

>> NO.

>> ROXANNE HORVATH.

>> YES.

>> TRACY UPCHURCH.

>> YES. THANK YOU.

THE ORDINANCE IS DEFEATED.

NO, THANK YOU.

NOW, YES, I UNDERSTAND.

BUT WITH THE OTHER ORDINATES, WE'VE GOT TO REPEAT THIS PROCESS. DO WE NOT?

>> OBVIOUS.

>> NOW, COMMISSIONERS, I WOULD REMIND YOU, I WOULD REMIND THE GENERAL PUBLIC, WE HAVE A STANDING LOCAL RULE THAT OUR MEETINGS LAST TILL NINE O'CLOCK FOR FOUR HOURS.

WE CERTAINLY HAVE ADDITIONAL TIME AND WE'LL CERTAINLY STAY HERE, BUT I DO WANT YOU TO KEEP THAT IN MIND, AS WE WORK THROUGH THE REST OF THE MEETING.

THE MAYOR NEEDS A SMALL BREAK, AND SO WE'RE GOING TO STAND ADJOURNED UNTIL 7: 45.

IN RECESS, NOT ADJOURNED.

I'D LIKE TO RECONVENE THE MEETING.

[BACKGROUND] LADIES AND GENTLEMEN,

[8.A.2. Ordinance 2021-20: Rezoning the Sebastian Inland Harbor Planned Unit Development of 157 King Street (PID# 203350 0000, 203350 0010) to Residential General and Office. (D. Birchim, Director Planning and Building)]

WE ARE NOW ON ITEM AA2 ORDINATES 2021-20, PERTAINING TO THE REZONING OF A PORTION OF THE ONE.

HOW ABOUT IF I JUST READ IT? ORDINATES 2021-20 REZONING SAND ESPECIALLY IN IRELAND HARBOR PLANNED UNIT DEVELOPMENT OF 157 KING STREET TO RESIDENTIAL GENERAL IN OFFICE. MR. BERTRAM.

>> MAYOR, VICE MAYOR, AND COMMISSIONERS.

THIS IS THE COMPANION REZONING APPLICATION TO THE ORDINANCE YOU JUST HEARD.

IT RESUMES THE PROPERTY.

THE SECOND PROPERTY, WHICH IS ALSO REFERRED TO AS THE WINERY PROPERTY, IT'S A LITTLE UNDER THREE ACRES FROM PUD TO OUR RGO.

GIVEN THE DISCUSSION AND THE DECISION THAT WAS JUST MADE, I JUST WANT TO POINT OUT THE OBVIOUS COMPLICATION.

THIS IS NOW A PART OF THE SEBASTIAN HARBOR PUD WHICH YOU JUST MADE A DECISION NOT TO CHANGE.

ON THE OVERHEAD AND IF I CAN HAVE A MARYLYN PUT THE OVERHEAD UP.

NOT THE POWERPOINT MARYLYN, PLEASE CAN YOU PUT UP THE OVERHEAD PROJECTOR? ON THE OVERHEAD PROJECTOR, YOU SEE AN AERIAL PHOTOGRAPH OVERLAID WITH A POLYGON WITH THE WORD PUD.

THAT'S THE PORTION OF THE PROPERTY THAT IS CONTAINED IN ORDINANCE 2021-20.

THAT'S THE SEVEN-PIECE.

NOW I'M GOING TO PUT UP A COPY OF THE SITE DEVELOPMENT PLAN FOR THE EXISTING PUD.

I'M GOING TO ATTEMPT TO SHOW WHERE THAT LIES ON THIS PUD.

THE OBVIOUS COMPLICATION IS IF YOU WERE OR IF THIS PROPERTY WERE TO BE REZONED TO RGO AND THE REMAINING PORTION WHICH WILL REMAIN A PLANNED UNIT DEVELOPMENT BECAUSE THIS PROPERTY IS EMBEDDED IN THE SAN SEBASTIAN PUD, NOT ONLY IN THE SITE DEVELOPMENT PLAN BUT IN THE NARRATIVE, THE LEGAL DESCRIPTION, THE USES, THE SHARED PARKING, ACCESS POINTS, ETC.

ONE COULD INFER THAT BY REZONING THIS PROPERTY TO RGO, YOU'D BE IN EFFECT CREATING A PUD AMENDMENT.

NOW, I'M NOT GOING TO SPEAK FOR THE PROPERTY OWNER.

THEY HAVE REPRESENTATION HERE AND YOUR ATTORNEYS HERE AS WELL.

THAT IS A COMPLICATION I'VE NEVER DEALT WITH BEFORE, SO IT'S NEW FOR ME TOO.

I'M SURE THERE ARE PEOPLE WHO WILL HAVE QUESTIONS ABOUT THAT.

[02:40:01]

I'D BE HAPPY TO ANSWER THOSE QUESTIONS IF I CAN. THIS IS THE SECOND READING.

>> THANK YOU MR. BERTRAM. YES. MISFOLD.

>> JUST TO MAKE IT QUICKER, IF FOLKS HAVE ALREADY BEEN SWORN IN IF WE CAN HAVE THE MINUTES AND THE RECORD REFLECT THAT THEY WERE SWORN IN IN THE COMPANION HEARING AS PART OF THIS MEETING, AND WE WON'T HAVE TO GO THROUGH SWEARING EVERYONE IN AGAIN.

IF YOU HAVE NOT BEEN SWORN IN AND YOU WANTED TO SPEAK, JUST MENTION IT WHEN YOU COME UP TO THE PODIUM THAT YOU WEREN'T SWORN IN IN THE MASS SWEARING IN.

>> MISS SMITH, DO YOU REPRESENT THIS APPLICANT AS WELL? THANK YOU. I'M SORRY. WELCOME.

>> I WILL NEED TO BE SWORN IN.

AS CHARLES COST THE PROPERTY OWNER.

>> WE TYPICALLY DON'T SWEAR IN ATTORNEYS PER CASE LAW.

YOU'RE SIMPLY LAYING DOWN ARGUMENT AND NOT TESTIFYING, BUT WE CAN SWORN IN YOUR CLIENT AND ANY OTHER TEAM MEMBERS IF YOU LIKE.

>> YES. THANK YOU.

>> WHY DON'T WE GO AHEAD AND SWEAR THEM IN RIGHT NOW? WELCOME.

>> THANK YOU, MAYOR CYNTHIA MAC, I'M RAIN GREY ROBINSON, 50 NORTH LAURA STREETS, SUITE 1100 JACKSONVILLE, FLORIDA.

I REPRESENT STEVEN INK, THE PROPERTY OWNER FOR THE 157 KING STREET PROPERTY, WHICH IS THE WINERY PROPERTY.

WE DO HAVE A POWERPOINT [BACKGROUND].

>> THANK YOU.

I'M SORRY. I DO WANT TO STATE AND POINT OUT BEFORE WE BEGIN THE POWERPOINT PRESENTATION THAT THIS PROPERTY DOES HAVE ARCHITECTURAL CONTROL.

A REZONING TO RGO WOULD NOT TAKE AWAY THE ARCHITECTURAL CONTROL CONCERNS AND SO THAT SHOULD BE OFF THE TABLE.

THIS PROPERTY IS WITHIN THE KING STREET OVERLAY.

IT WILL HAVE THE OPPORTUNITY FOR ITS ARCHITECTURAL DETAILS TO BE REVIEWED.

I ALSO LIKE TO POINT OUT THAT AT THE PCB MEETING, THE PROPERTY OWNER DID CONFIRM THAT THEY WILL CONSTRUCT THE RIVER WALK IN FRONT OF THIS PROPERTY.

THE EXISTING PLATFORM IS THERE, THEY WILL PUT THE TOP ON AND ALLOW THE PUBLIC TO ACCESS THE RIVER FRONT RIVER WALK IN FRONT OF THEIR PROPERTY.

THOSE TWO ITEMS THAT YOU MENTIONED WITH RESPECT TO THE PRIOR PROPERTY OWNER WOULD NOT APPLY FOR THIS PROPERTY.

THE PROPERTY IS OWNED BY STEPHEN INC.

THERE HAS BEEN AN ARCHITECTURE PLANNING LANDSCAPE, CIVIL ENGINEERING FIRMS INVOLVED BOTH WITH OUR PROJECT AND THE OTHER PROJECT FROM THE BEGINNING, SO THERE HAS BEEN SUBSTANTIAL WORK DONE ON THAT.

AS YOU CAN SEE, THIS IS THE DELINEATION OF OUR PROPERTY AND THE ADJACENT PUD PROPERTY.

YOU'VE HEARD EARLIER REGARDING THE FUTURE LAND USE.

THE COMPREHENSIVE PLAN WHICH WAS PASSED, AS REQUIRED BY FLOURISH STATUTE, DID SPECIFICALLY MAKE THIS PROPERTY WITHIN THE RESIDENTIAL MEDIUM DENSITY MIXED USE, AND THE PROPERTY HAS BEEN RESIDENTIAL MEDIUM DENSITY MIXED-USE SINCE 1987.

THE ZONING, AS OPPOSED TO THE FUTURE LAND USE, THIS PROPERTY IS ZONED PUD, AS YOU'VE HEARD, BUT THE PROPERTY TO THE SOUTH OF THIS PUD IS ZONED RGO AS IS THE PROPERTY IMMEDIATELY SINCE SEBASTIAN RIVER.

NOT ONLY IS THE RGO ZONING CONSISTENT WITH THAT FUTURE LAND USE CATEGORY, BUT IT IS, IN FACT, CONSISTENT WITH THE ADJACENT PARCELS THAT ARE WITHIN THE FUTURE LAND-USE DISTRICT, AND I WOULD POINT OUT THAT THE PROPERTY HAS BEEN ZONED RGO SINCE 1987.

[02:45:04]

FOR 17 YEARS BEFORE THE PUD, THE PROPERTY WAS ZONED RGO AND THEN, OF COURSE, AS WE'VE HEARD ALREADY, THE PUD INCORPORATES THE RGO ZONING.

FOR 34 YEARS, THE RGO ZONING DISTRICT HAS BEEN APPROPRIATE FOR THIS PROPERTY, AND IT IS INDEED CONSISTENT WITH THAT FUTURE LAND USE CATEGORY OF RESIDENTIAL MEDIUM DENSITY.

THE PROPERTY OWNER SEEKING TO REZONE THE PROPERTY BACK TO THAT HISTORIC RGO CATEGORY, IN ORDER TO DEVELOP THE SITE IN A MANNER CONSISTENT WITH THAT FUTURE LAND USE, AND THE PCB HAS ALREADY HEARD DEVELOPING WITHIN THE CONSERVATION OVERLAY ZONE, BUT THERE IS A VIEWSHED CORRIDOR THAT'S APPROPRIATE AND APPLICABLE, AND THERE WILL BE A RIVER WALK IN FRONT OF THIS PROPERTY.

I KNOW [INAUDIBLE] POINTED OUT IN THE PRIOR PRESENTATION, BUT IT'S ALSO APPROPRIATE TO MENTION HERE THAT THE EXISTING PUD INCLUDES ALL USES THAT ARE PERMITTED THEM RGO.

THE RGO ZONING DISTRICT IS ACTUALLY MORE ROBUST IN MANY WAYS TO THE PUD BECAUSE AS WE'VE HEARD, THE HEIGHT RESTRICTIONS ARE LOWER, THE SETBACKS ARE A LITTLE MORE ROBUST AND THE PARKING REQUIREMENTS ARE MORE ROBUST, AND THE PROPERTY WOULD MEET THE CODE; THE LAND DEVELOPMENT CODE, THE ZONING CODE, AND THE BUILDING CODE, ALL AS IT WAS DEVELOPED, INCLUDING PARKING.

THIS SHOWS YOU THE PROPOSED PLAN THAT WAS SUBMITTED FOR PCB FOR THEM TO CONSIDER THE OVERLAY ZONE, CONSERVATION OVERLAYS ZONE.

YOU CAN SEE THAT THE INTENT PRESENTLY IS TO ADD THAT MARKETPLACE AND RESTAURANT, AND THERE WOULD BE A LITTLE ROOM BETWEEN THE RIVER AND THE FRONT OF THE BUILDING.

THEN, OF COURSE, THE RIVER WALK WOULD GO OUT FROM THE PROPERTY BOUNDARY AND THEN THERE IS AN AREA THAT WOULD NOT BE DEVELOPED, IT WOULD BE OPEN.

THIS SHOWS YOU THE VIEWSHED FOR THE PROPERTY.

AS YOU CAN SEE, YOU WOULD HAVE THAT 78 PLUS OR MINUS DISTANCE BETWEEN THE PROPERTY BOUNDARY AND THE PROPOSED BUILDING.

THEN THIS WILL SHOW YOU THE PRESENT ARCHITECTURAL RENDERING THAT YOU WOULD SEE AS YOU COME OVER THE BRIDGE.

AGAIN, IT IS WITHIN THAT OVERLAID DISTRICTS, SO YOUR CONCERN REGARDING ARCHITECTURAL STANDARDS IS NOT APPLICABLE FOR THIS PROPERTY.

YOU'D SEE THERE IS THAT OPEN AREA BETWEEN THE PROPOSED PRESENT BUILDING AND THE PROPERTY [INAUDIBLE].

>> I'M SORRY. WELL, GO BACK TO THAT ONE.

>> CERTAINLY.

>> I CAN'T GET ORIENTED.

TELL ME WHAT I'M LOOKING AT THERE.

>> I DON'T THINK IT HELPS ME [NOISE] TO DO THAT.

WELL, IF YOU DRIVE ACROSS THE BRIDGE.

[BACKGROUND] [LAUGHTER] OKAY.

THIS IS COMING INTO DOWNTOWN ACROSS THE RIVER FROM US ONE, AND SO THEN THIS WOULD BE THE LITTLE RIVER WALK AREA, AND THEN THIS IS THE VIEWSHED QUARTER AND THE OPEN AREA BETWEEN THE EDGE OF THE PROPERTY BOUNDARY AND THE PROPOSED BUILDING.

YOU MAY BE ABLE TO SEE IT BETTER IN THE NEXT SLIDE.

THAT SHOWS YOU ALL THE WAY ONTO SEBASTIAN HARBOR DRIVE.

CAN YOU SEE THAT THERE? OKAY. OKAY. GREAT.

>> [BACKGROUND] [LAUGHTER] THIS IS COOL.

>> SORRY.

>> THANK YOU [LAUGHTER].

WE'VE HEARD A LITTLE BIT ABOUT FLORIDA CASE LAW, BUT I DO WANT TO POINT OUT THAT BETWEEN THE PORPOISE POINT CASE AND THE BOARD ACCOUNTING COMMISSIONERS OF THE BOARD COUNTING AND SNYDER, IT DOES SET UP THE PROPOSITION THAT ONCE AN APPLICANT FILES AN APPLICATION FOR REZONING OF PROPERTY, ASSUMING THAT THEY'VE COMPLIED WITH THE REQUIREMENTS OF YOUR CODE, FILL THE APPLICATION OUT APPROPRIATELY, THEY'RE ENTITLED TO BE CONSIDERED FOR A REZONING, AND IN FACT, THE STANDARD IS WHETHER OR NOT IT'S CONSISTENT WITH THAT FUTURE LAND USE, THAT COMPREHENSIVE PLAN.

HERE IN THIS INSTANCE, THIS PROPERTY IS CONSISTENT AS AS THE ADJACENT PROPERTY, BUT WE ARE CONSISTENT WITH THAT FUTURE LAND USE.

NOT ONLY ARE WE CONSISTENT WITH THE FUTURE LAND USE, BUT THE HISTORICAL USE FOR THIS PROPERTY, THE HISTORICAL ZONING, AND THE ADJACENT PARCELS WHICH ARE WITHIN THAT FUTURE LAND USE DESIGNATION, RESIDENTIAL, MEDIUM DENSITY.

[02:50:06]

THANK YOU. THOSE SURROUNDING PROPERTIES ARE ALSO ZONED RGO, SO THE CASE LAW SAYS THAT ONCE WE SHOW YOU THAT WE HAVE MET THOSE REQUIREMENTS, AND WE BELIEVE WE HAVE, AND, IN FACT, I BELIEVE WE'VE ALSO MET YOUR OTHER CONCERNS THAT YOU'VE ARTICULATED TONIGHT.

WE WOULD BE PROVIDING THE APPROPRIATE PARKING, MORE PARKING MEANS PRESENTLY APPROPRIATE UNDER THE PUD.

WE DO HAVE ACCESS TO THE RIVER.

WE DO HAVE ARCHITECTURAL GUIDELINES, AND SO FLORIDA CASE LAW WOULD SUPPORT OUR RIGHT TO REZONE THAT PROPERTY.

THE ZONING DISTRICT, RGO, IS CONSISTENT WITH RESIDENTIAL, MEDIUM DENSITY, MIXED-USE, THE FUTURE LAND USE IN YOUR COMPREHENSIVE PLAN, AND IT'S CONSISTENT WITH THE NEIGHBORING PARSES.

WE WOULD REQUEST THAT YOU APPROVE THE REZONING APPLICATION FOR THIS PROPERTY.

IF YOU HAVE ANY QUESTIONS, WE'LL BE MORE THAN HAPPY TO ANSWER THEM.

>> ANY QUESTIONS MS. [INAUDIBLE] . THANK YOU.

>> THANK YOU.

>> AT THIS TIME, I WOULD OPEN THE PUBLIC HEARING AND I WILL DO SO.

[NOISE] I THINK WHAT MY INTENT IS TO SIMPLY GO THROUGH THE CARDS THAT I HAVE.

I DO NOT HAVE ANY NEW CARDS.

IF YOU DO NOT WISH TO SPEAK TO THIS, THAT'S ABSOLUTELY FINE BUT IF YOU WOULD LIKE TO SPEAK YOU, OF COURSE, HAVE YOUR THREE MINUTES.

MS. LOPEZ, IS THAT ACCEPTABLE?

>> THAT'S FINE, AND I WOULD ALSO REMIND THE COMMISSION THAT YOU DO HAVE TO DISCLOSE EX PARTY, MAYBE ONE IN THE SAME OF YOUR PRIOR EX PARTY, BUT IT MIGHT BE A LITTLE BIT DIFFERENT FOR THIS ONE.

>> YEAH.

>> SAME FOR THE LAST ONE.

>> I DON'T BELIEVE THAT I HAVE SPOKEN TO THIS APPLICANT ABOUT THIS PROJECT.

I HAVE SPOKEN IT.

>> IT'S STILL THE PUD.

STILL THE SAME PUD.

>> NO, I HAVE NOT SPOKEN TO THE APPLICANT BUT I HAVE NOT SPOKEN TO THE APPLICANT'S ATTORNEY.

I HAVE RECEIVED EMAILS ON THE SERVER.

>> I'VE SPOKEN WITH CHARLES COX.

>> AS THESE TWO ARE INEXTRICABLY LINKED, [LAUGHTER] I'VE SPOKEN ABOUT THE PUD WITH THE SAME FOLKS THAT I MENTIONED EARLIER, BUT NOT ANYTHING IN PARTICULAR ON THIS ONE.

>> OKAY. THANK YOU.

I HAVE, OF COURSE, SPOKEN TO REPRESENTORS OF THE BOSS FAMILY.

I DO NOT BELIEVE THAT I'VE SPOKEN TO MR. COX ON THIS PARTICULAR ISSUE.

I'M JUST GOING TO RUN THROUGH THE CARDS THAT I HAVE.

DOES NICK SMITH, MS. SMITH, WOULD YOU LIKE TO SPEAK TO THIS MATTER? I DO NOT SEE HER IN THE AUDIENCE.

[BACKGROUND]

>> [NOISE] THANK YOU. WHY DON'T YOU TAKE THESE AND KEEP ME OUT OF TROUBLE.

THANK YOU. MS. CLARDY, I HAVE JUST TWO CARDS HERE.

[NOISE]

>> BJ CLARDY WANTS TO BE A OF ST. AUGUSTINE NEW CONSTRAINT.

WHERE MY KIND WAS GOING TO BE AND IT'S STILL IS GOING TO BE, BUT I DON'T KNOW WHAT'S GOING ON HERE.

DENY IT. I DON'T KNOW HOW BECAUSE I'M NOT A LAWYER. I DON'T WANT TO BE A LAWYER.

I JUST LIKE TO ANSWER YES OR NO QUESTIONS.

I DON'T KNOW HOW COME IT'S INTERTWINED.

THIS ONE CONCERNS ME, SO IF YOU DENY THE OTHER ONE LET'S DENY THIS ONE.

THE LADY LAWYER IS SAYING THAT THEY NEED NO OTHER THINGS, SO I DON'T KNOW WHY THEY NEED A PUD.

THEY'VE ALREADY COMMENCED, I THINK, DOING SOME THINGS AROUND THERE.

I KNOW THAT WALKWAY IS THERE BY THE RIVER, SO I HOPE YOU ALL CAN HELP CLARIFY FOR US

[02:55:01]

WHY YOU CAN APPROVE THIS AND NOT APPROVE THE OTHER ONE.

DON'T KNOW [INAUDIBLE] HOW THEY GET ALONG TOGETHER THERE.

IF YOU CAN HELP US AS THE PUBLIC TO KNOW, BECAUSE IF YOU ONLY GOT TWO CARDS LEFT, EVERYONE'S PROBABLY GONE HOME, THEY'RE WATCHING AT HOME.

WE NEED A LITTLE BIT MORE CLARIFICATION BECAUSE IF YOU START THIS ONE, HOW IS THE OTHER GOING TO JUMP INTO IT? I DON'T UNDERSTAND THAT PART.

MAYBE YOU ALL HAVE TALKED AND CLARIFIED WITH THE OTHER LAWYER, EVEN THOUGH YOU HAVEN'T TALKED WITH MISS.

MCDOMRIE, SO MAYBE THAT CAN BE CLARIFIED A LITTLE BIT FOR THE PUBLIC.

I'D APPRECIATE THAT. OTHERWISE, LET'S DENY IT. THANK YOU.

>> THANK YOU, MISS CLARDY.

THE NEXT SPEAKER IS MELINDA [INAUDIBLE].

>> I'VE GOT SOMETHING FOR THE OVERHEAD. DID I DO THAT RIGHT?

>> YEAH.

>> OKAY. AS YOU SEE, THESE TWO PIECES OF PROPERTY FIT TOGETHER LIKE A JIGSAW PUZZLE.

IF THIS PROPERTY WHICH IS SURROUNDED BY THE GREEN, WHICH IS THERE, IS NO LONGER PART OF THE PUD, WHERE'S THE APPLICANT GOING TO PARK ALL THE CARS HE'S GOING TO NEED FOR THE WINERY, THE SELLER UPSTAIRS OR RESTAURANT, THE 9500-SQUARE FEET OF RETAIL, AND A 150-SEAT RESTAURANT, AND THE EUROPEAN MARKET? I COUNTED IN, HIS SURFACE PARKING IS ONLY 71 SPACES.

CITY CODE IS GOING TO REQUIRE HIM TO HAVE FOR THE THINGS I JUST LISTED, AT LEAST 280 SPACES.

WHERE'S HE GOING TO GET THEM ON HIS PROPERTY IF HE'S NOT PART OF THE PUD? IF YOU'LL NOTICE, THESE TWO PIECES DON'T WORK TOGETHER, LIKE YOU SEE THEY'VE ALREADY GOT SEPARATE ATTORNEYS.

EARLIER ON THE PUD, HE WAS GOING TO PARK ALL OF THESE PEOPLE IN THE GARAGE.

BUT IF HE'S NOT PART OF THE PUD, HE DOESN'T HAVE ROOM TO DO HIS PARKING.

HE HAS TO BE PART OF THE PUD OR HE CAN'T MEET THE CITY PARKING.

AS YOU SEE ALSO, IF THEY'RE DIVIDED, A BOSS DOESN'T HAVE A DRIVEWAY TO GET INTO HIS GARAGE OR TO THE FRONT OF HIS HOTEL WITHOUT WITHOUT COX, SO THESE TWO REALLY HAVE TO BE PART OF THIS PUD.

YOU MADE THE RIGHT DECISION ON THE 159, THE ONLY THING IS TO MAKE THE SAME DECISION ON 157, KEEP THEM TOGETHER AS A PUD AND EVERYBODY GOES HOME HAPPY.

IN FACT, I WOULD THINK THAT COX REALLY GOT TO WORRY BECAUSE IF THE PURPLE PROPERTY IS SOLD BY A BOSS, HE DOESN'T KNOW WHETHER THE NEXT SELLER IS GOING TO LET HIM USE THE GARAGE OR ANYTHING.

IT JUST SEEMS LIKE IT'S TO HIS ADVANTAGE TO STAY AS PART OF THE PUD, ESPECIALLY SINCE YOU'RE HAVING A BOSS BEING PART OF THE PUD.

BUT LIKE I SAID, YOU SEE REAL CLEARLY HE DOES NOT HAVE THE ROOM FOR ALL THE PARKING HE'S GOING TO NEED.

WELL, LIKE I SAID, RIGHT NOW THE WINERY UPSTAIRS, THE SELLER UPSTAIRS PARKING IS ALL OVER, FILLS UP THIS WHOLE SPACE.

WHERE THE EUROPEAN MARKET IS GOING TO GO, WHERE THE HOTEL IS GOING TO GO, RIGHT NOW AT NIGHT ON A FRIDAY AND SAY 90 CARS ARE PARKED THERE.

THAT'S NOT EVEN COUNTING THE CARS FOR THE RETAIL IN THE EUROPEAN MARKET AND THE WHOLE SECOND FLOOR RESTAURANT IN THE EUROPEAN MARKET.

WE SAT DOWN AND DID THE THING, IT'S AT LEAST 280 CARS THAT NEED TO BE PARKED.

>> THANK YOU. IS THERE ANYBODY ELSE THAT WISHES TO ADDRESS THE COMMISSION AT THIS TIME? MISS. WHISTLER?

>> THANKS. [INAUDIBLE]

>> THANK YOU.

>> THANK YOU FOR ALL YOUR COMMENTS.

I REALLY WOULD SUGGEST THAT THE ZONING REQUEST FOR RGO ON THIS PROPERTY AS WELL BE DENIED AND GIVE BACK THE PUD.

I KNOW IT'S BEEN A LONG PROCESS, BUT IT SEEMS TO MAKE ALL THE SENSE IN THE WORLD.

THAT ALLOWS THE OVERSIGHT OF THE COMMUNITY OF THE CITY OFFICIALS, IT JUST SEEMS TO MAKE ALL THE SENSE IN THE WORLD TO DO IT THAT WAY. THANK YOU VERY MUCH.

[03:00:05]

>> THANK YOU. IS THERE ANYBODY ELSE WHO WISHES TO ADDRESS THE COMMISSION DURING THE PUBLIC COMMENT HEARING? SEEING NO ONE, PUBLIC COMMENTS ARE CLOSED.

MISS. MCDOMRIE? [NOISE]

>> THANK YOU, MAYOR. JUST IN REBUTTAL, I WOULD REMIND THE COMMISSION THAT THIS-

>> WAIT, ONE SECOND MISS. MCDOMRIE. THANK YOU.

SHE READ MY MIND. YES, GO AHEAD.

>> I WOULD JUST REITERATE THAT THE PROPERTY REZONING CATEGORY THAT THE LANDOWNER HAS REQUESTED IS CONSISTENT WITH THE FUTURE LAND USE CRITERIA OF YOUR COMPREHENSIVE PLAN.

THE APPLICATION AND THE REQUEST TO MOVE TO RGO IS ALSO CONSISTENT WITH THE CITY'S LAND DEVELOPMENT CODE AND THE NEIGHBORING PROPERTIES ARE ZONED RGO, AS IS THE HISTORIC USE FOR THIS PROPERTY, INCLUDING THAT EMBEDDED IN THE PUD.

I WOULD SUBMIT TO YOU THAT THE CASE LAW SPECIFICALLY ALLOWS A PROPERTY OWNER TO COME AND REQUEST A REZONING OF THEIR PROPERTY WHETHER OR NOT AN ADJACENT PARCEL IS OWED PARTICULAR CATEGORY.

I CAN APPRECIATE THAT THERE ARE SOME DILEMMAS THAT CREATES FOR YOU WITH RESPECT TO THE ADJACENT PROPERTY, BUT FOR MR. COX'S PROPERTY, THE PROPERTY OWNED BY STEVEN INK, THEY WOULD REQUEST THAT IT BE REZONED TO RGO AND NOT STAY WITHIN THE PUD.

THEY WOULD MEET ALL OF THE REQUIREMENTS UNDER THE LAND DEVELOPMENT CODE, THE BUILDING CODE, AND THE PARKING.

WHEN A BUILDING PERMIT GOES TO BE APPLIED FOR, WE WILL COMPLY WITH THE PARKING REQUIREMENTS, AND SO WHEN AN INITIAL BUILDING COMES UP, THE PARKING WILL BE ADDRESSED WHETHER OR NOT THERE IS AN ADJACENT PARKING GARAGE.

LET ME JUST DOUBLE CHECK HERE.

OH, I'M SO SORRY.

OUR PROPOSAL IS CONSISTENT WITH THE COMPREHENSIVE PLAN.

IT COMPLIES WITH THE PROCEDURAL REQUIREMENTS OF THE ZONING CODE.

I BELIEVE WE'VE ADDRESSED THE CONCERNS THAT YOU RAISED WITH RESPECT TO THE ADJACENT PROPERTY SO THAT THE CONCERNS REGARDING ACCESS TO THE RIVER, THE CONCERNS REGARDING ARCHITECTURAL REVIEW, IT IS WITHIN THE KING STREET OVERLAY.

I THINK THAT'S IT.

THANK YOU ALL FOR YOUR TIME AND ATTENTION.

>> THANK YOU VERY MUCH. QUESTIONS? YES, COMMISSIONER?

>> YES. IT'S ACTUALLY NOT A QUESTION, BUT MAYBE COULD BE.

YOU'VE SHOWED US THE VISTAS, WHICH I WAS REALLY HAPPY TO SEE, THE PUBLIC VISTA.

BUT IF YOU REALLY LOOK AT THE PROPERTY THAT YOU WOULD HAVE LEFT, YOU WOULD HAVE TO PUT PROBABLY A THREE STORY PARKING GARAGE WHERE THAT VISTA IS IN ORDER TO SUPPLY ENOUGH CARS.

>> THERE ARE A VARIETY OF OPTIONS, OF COURSE.

TONIGHT IS JUST A REZONING REQUEST.

IT'S NOT A PARTICULAR PLAN.

THE BUILDING COULD ACTUALLY BE CHANGED TO NOT HAVE AS MANY SEATS IN THE RESTAURANTS.

THOSE ARE THINGS THAT WE WOULD WORK WITH THE ARCHITECT AND THE CODE TO MAKE CERTAIN THAT WE MEET.

WE WOULD UPHOLD WHAT WE'VE TOLD PCB WITH RESPECT TO THE OVERLAY ZONE, BUT THERE'S ALWAYS ALSO THE POSSIBILITY THAT YOU COULD SHRINK THE BUILDING.

IT'S 78 PLUS OR MINUS FEET RIGHT NOW, I BELIEVE, SO IT'S JUST OVER THE REQUIREMENT TO GET THE PCB APPROVAL, BUT THERE ARE A VARIETY OF OPTIONS.

PROPERTY OWNER IS ABSOLUTE COMMITTED TO ADHERING TO THE PARKING UNDER THE CODE, AND IF THE ADJACENT PARCEL DOESN'T HAVE A PARKING GARAGE ON IT, THEN WE WOULD TWEAK THINGS, BUT ARCHITECTURAL REVIEW WOULD STILL BE IN PLACE AND WE'D STILL BE HELD TO THE REQUIREMENTS THAT WE AGREED TO WITH THE PCB ON THE OVERLAY IF WE BUILD THE BUILDING THAT LARGE.

>> OKAY. THANK YOU.

>> THE QUESTIONS [INAUDIBLE] THANK YOU VERY MUCH.

>> THANK YOU.

>> COMMISSIONERS? I REALLY MEANT TO SAY MR. BERTRAM.

>> SORRY. MAYOR, COMMISSIONERS, I WOULD LIKE TO CLARIFY AN EXHIBIT THAT WAS PLACED ON THE OVERHEAD.

MAYOR, CAN YOU OPEN UP THE OVERHEAD PROJECTOR ONE MORE TIME.

MEMBER OF THE PUBLIC PUT THIS UP AS AN EXHIBIT OF THE SITE PLAN FOR THE PUD.

THIS IS NOT A CURRENT SITE PLAN FOR THE PUD.

THIS IS THE PUD AMENDMENT THAT YOU CONSIDERED, BUT NEVER ACTED UPON.

>> OKAY.

>> THIS WHICH I ROUGHED OUT BEFORE WHEN I HAD MY INITIAL COMMENTS, IS THE ACTUAL SITE PLAN FOR THE PUD.

THESE ARE EXHIBITS TO THIS HEARING, SO I JUST WANTED TO CLARIFY THAT AND MAKE SURE YOU DIDN'T MAKE A DECISION BASED ON UP THE WRONG INFORMATION. THANK YOU VERY MUCH.

[03:05:04]

>> YOU LEAVE THAT UP THERE, PLEASE FOR A MOMENT.

DOES THAT CHANGE THE PICTURE FOR INGRESS AND EGRESS INTO THE SUBJECT PROPERTY. THE LINES YOU DREW?

>> IT'S A DESIGN CHANGE. IT WOULD BE A DESIGN CHANGE TO THE PUD.

>> I UNDERSTAND THAT. I'M ASKING WHETHER THIS APPLICANT WOULD HAVE ACCESS TO THEIR PROPERTY THAT THEY OTHERWISE WERE PLANNING.

NO, I'M SORRY, THE OTHER WAY AROUND, THE DRIVEWAY PIECE THAT MR. [INAUDIBLE] REFERRED TO.

>> IN ALL DUE RESPECT, I DON'T KNOW THAT THAT'S OUR CONCERN.

>> OKAY. ALL RIGHT.

>> THESE ARE CONDOMINIUMS. THIS IS A SURFACE PARKING LOT AND THIS IS A RESTAURANT.

THE GARAGE IS OVER HERE.

I DON'T KNOW THE ANSWER TO YOUR QUESTION.

I'D HATE TO GIVE YOU THE WRONG ANSWER.

>> THAT'S OKAY. I THINK THE MAYOR'S RIGHT. THANK YOU.

>> IF I MAY.

>> PLEASE.

>> BREAK IT DOWN IN MY SIMPLISTIC WAY OF LOOKING AT THINGS.

THE OBJECTION TO THE LAST CASE, I GUESS RGO IS ARCHITECTURAL OVERVIEW.

YOU HAVE ARCHITECTURE OVERVIEW HERE.

IF THEY'RE GOING TO HAVE TO BUILD A GARAGE, YOU ALSO GOT TO GET PARKING FROM SOMEPLACE ELSE, IT'S THAT SIMPLE.

THEY DON'T HAVE ENOUGH PROPERTY TO ACCOMMODATE THE PARKING, THAT'S HOW I SEE IT NOW, FOR WHAT CHARLES WANTS TO DO.

SO HE EITHER GET PARKING FROM SOMEWHERE OR HE BUILDS THE GARAGE.

THE GARAGE IS SUBJECTS ARCHITECTURE OVERVIEW.

NOW DOES THAT ARCHITECTURE OVERVIEW EXTEND? WELL, IT'S ON THE PROPERTY. IS IT?

>> I THINK IT'S ONLY FROM KING STREET.

WHAT YOU CAN SEE FROM KING STREET.

>> I CAN SEE THE GARAGE FROM KING STREET PROBABLY.

YOU SEE, THIS IS A THEORY.

>> YEAH.

>> BUT TO ME, THAT PIECE OF PROPERTY, THERE'S PARTS ON KING STREET, THE BOUNDARIES OF THAT PROPERTY IS SUBJECT TO ARCHITECTURAL REVIEW, THAT'S LOGICAL TO ME.

HAVING SAID THAT, I DON'T KNOW IF ARCHITECTURAL REVIEW IS GOING TO TAKE IN CONSIDERATION THIS QUESTION OF THIS STUFF WHICH I FIND TROUBLING ANYWAY.

BECAUSE VISTA, I CAN THINK OF LOTS OF PLACE IN THIS TOWN WE BUILD THINGS AND TOOK AWAY VISTA, BUT IT CREATED VISTA SOMEPLACE OUT.

I CHALLENGE SOMEONE TO TELL ME WHAT VISTA YOU'RE BLOCKING BY PUTTING BUILDINGS ON THIS PARCEL OF LAND? YEAH. YOU GOT AN ELECTRICAL SUBSTATION THERE.

YOU'VE GOT A HOTEL ACROSS THE STREET WHICH IS THE NEW [INAUDIBLE] OF HOTELS EVER BUILT.

IT COULD BE LOSS THEN AS FAR AS ONE IN FRONT OF THE OTHER, THE BUSINESS FROM THE BRIDGE, THAT'S NOT GOING TO CHANGE, OR COMING DOWN THE RIVER, THAT'S NOT GOING TO CHANGE.

SO I DON'T SEE HOW WE CAN REFUSE RGO ON THIS PROPERTY BECAUSE THEY'RE PROVIDING ALL THE REASONS WE TURN DOWN THE LAST ONE.

HAVING SAID THAT, THIS TROUBLES THE HECK OUT OF ME BECAUSE WE'RE BUSTING UP THE PUD, I NEVER DID THAT BEFORE EITHER.

NOW, THIS SHORT NOTICE, I GUESS IT'S OKAY.

BUT I DON'T KNOW WHAT THE FALLOUT IS GOING TO BE FOR THE ABBAS PROPERTY EITHER.

HOW'S THAT GOING TO CHANGE THAT DYNAMIC? MY ACCLIMATION IS TO APPROVE IT.

OF COURSE, [INAUDIBLE] ALREADY DENIED BECAUSE THEY BASICALLY CHECK ALL THE BOXES.

BUT I'M NOT SURE WHAT THE FALL IS GOING TO BE AND THAT TROUBLES ME.

I DON'T THINK ANYONE CAN ANSWER THAT RIGHT NOW.

IF YOU CAN, PLEASE DO.

CAN ANYONE GIVE ME AN ANSWER ON THAT? WELL, I GUESS I'VE SAID MY PIECE. [LAUGHTER]

>> IT'S RHETORICAL QUESTION.

>> I WOULD IMAGINE THE REASON MAY LIE IN THE QUESTION.

WHY ARE WE ASKING? WHY DID WE HAVE TO SEPARATE PUD ORDINANCES TO APPROVE DENY? MAYBE THAT'S THE ANSWER TO THAT QUESTION, WE'LL ANSWER YOUR QUESTION.

>> I THINK THAT'S A REALLY IMPORTANT POINT THAT THE VICE MAYOR JUST RAISED.

I'M NEW TO THIS PROCESS, BUT I HAVE NOT UNDERSTOOD FROM THE BEGINNING OF THIS CONSIDERATION WHY WE HAVE TWO SEPARATE PUD.

PERHAPS YOU CAN HELP CLARIFY FOR ME MR. BERTRAM.

>> WELL, BECAUSE WE HAVE TWO SEPARATE OWNERS, BUT WE DO NOT HAVE TO SEPARATE PUDS, WE HAVE TWO SEPARATE REZONING REQUEST.

THESE OWNERS, AS WE KNOW, BECAUSE THERE WAS LITIGATION, THERE WAS AN EFFORT TO PULL THIS PARCEL OUT OF THE PUD, THAT WAS LEGALLY UNSUCCESSFUL, AND NOW WE HAVE A NEW SITUATION BEFORE US.

I AGREE WITH COMMISSIONER VALDES, I DON'T THINK THAT THE SAME CONCERNS EXIST HERE.

FIRST OF ALL, THIS PROJECT IS ENLARGE MEASURE ALREADY BUILT.

THEY'VE CONVERTED AN EXISTING BUILDING THAT HAS BEEN THERE, I ASSUME APPROXIMATELY 100 YEARS OR MORE.

THEY'RE IN AN ARCHITECTURAL ZONE, IT'S A MUCH SMALLER PARCEL.

IT'S COMPATIBLE WITH THE UNDERLYING LAND USE.

[03:10:03]

THEY HAVE MADE A GUARANTEED TO THE CITY THAT THE BOARDWALK, AS IT TRAVERSES THEIR PROPERTY, WOULD BE OPEN TO THE PUBLIC, AND SO I'M INCLINED TO SUPPORT THE ORDINANCE.

>> OUR ATTORNEY, MS. LOPEZ, I'M SO SORRY.

WHEN WE WERE TALKING ABOUT THE COMMENCEMENT AND COMPLETION DATES PREVIOUSLY, COULD YOU REITERATE THAT AS IT PERTAINS TO THE PUD IN THE WINERY?

>> YES. I'M SCROLLING FRANTICALLY ON MY LITTLE NOTES TO READ YOU THE LANGUAGE FROM OUR CODE.

THIS IS SECTION 28-289 OF OUR CITY CODE.

IT STATES THAT A TERMINATION DATE AFTER WHICH THE PCB SHALL BE REQUIRED TO EVALUATE WHETHER ALL OR PART OF THE PUD HAS BEEN ABANDONED BY FAILURE TO TIMELY COMMENCE AND COMPLETE DEVELOPMENT OF ALL OR PART OF THE PHASES OF THE PUD AS IDENTIFIED PURSUANT TO SUB-SECTION 6, THIS IS ALL IN THE PUD SECTION OF OUR CODE, OR OTHER CIRCUMSTANCES HAVE CONTRIBUTED TO THE DEVELOPMENT DELAY.

IF SO, ONE-YEAR EXTENSIONS MAY BE GRANTED BY THE PCB AT AN ADVERTISED PUBLIC HEARING.

AFTER TWO SUCH EXTENSIONS, IF NO ACTIVITY HAS BEEN INITIATED, THE CITY COMMISSION SHALL DEEM THE PUD ABANDONED, WHICH SHALL ACT AS A REVERSION OF THE ZONING TO ITS PRE PUD ZONING DISTRICT FOR THE AREAS NOT IN COMPLIANCE WITH THE PHASING SCHEDULE.

WHEN PEOPLE TALK ABOUT THIS AUTOMATIC [INAUDIBLE], IT'S NOT QUITE SO AUTOMATIC AND IT'S NOT QUITE SO SIMPLE.

IT DOES STATE THAT IT'S FAILURE TO TIMELY COMMENCED AND TO COMPLETE DEVELOPMENT, AS WELL AS FINDINGS BY THE COMMISSION AFTER TWO PCB HEARINGS THAT COULD EXTEND A YEAR OUT EACH TIME, THAT THE PUD HAS BEEN ABANDONED FOR FAILURE TO HAVE ANY ACTIVITY, WHICH IS WHY I THINK IT'S FACTUALLY DIFFICULT TO CLAIM THAT CIRCUMSTANCE EXISTS IN THE PUD WHICH INCLUDES INACTIVE WINERY.

>> WHAT THAT DOES IF I'M FOLLOWING THIS, IS THAT THIS PUD IT'S TWO OWNERS.

IT'S ONE PUD AND IT'S TWO REZONING REQUEST.

BUT THE PUD IS ENCUMBERED BY THE COMMENCEMENT OF THE WINERY IN TERMS OF THE DATES, RIGHT?

>> CORRECT. THE EXISTING PUD HAS COMMENCED, THE WINERY IS THERE.

IT'S GONE THROUGH VARIOUS ITERATIONS OVER THE YEARS.

YES, AND THAT WAS PART OF THE LITIGATION THAT THE MAYOR MENTIONED THAT THE WINERY IS PART AND PARCEL OF THE PUD.

>> MAYBE THE NEXT QUESTION I HAVE IS FOR MR. BERTRAM WITH REGARD TO WHATEVER DECISION, WE HAVE TWO OPTIONS HERE, WE APPROVE OR DENY THIS.

WHAT ARE THE RAMIFICATIONS IN TERMS OF THE ZONING? [NOISE] JUST PLEASE HELP ME OUT WITH THAT FOR EITHER ONE OF THOSE DECISIONS.

>> WELL, I DON'T THINK THERE WOULD BE MANY RAMIFICATIONS FOR THE [INAUDIBLE], I COULD BE WRONG, NEVER BEEN IN THIS POSITION BEFORE.

BUT IF YOU BREAK THE PUD BY REZONING ONLY A PORTION OF IT, THEN IT WOULD APPEAR TO ME THAT YOU ARE FORCING A PUD AMENDMENT ON THE ESSAY MARINA HOLDINGS PORTION WHICH YOU DID NOT REZONE.

THE PUD AMENDMENT THAT YOU WERE WORKING ON PREVIOUSLY WOULD THEN HAVE TO BE REDESIGNED BECAUSE IT WOULD NO LONGER CONTAIN THE [INAUDIBLE] PORTION.

IT WOULD PUT US IN AN INTERESTING BIND WITH THE ESSAY MARINA HOLDINGS PARCELS.

I DON'T KNOW WHERE THAT LEAVES US.

>> IT SEEMS TO ME LIKE IT'S VERY UNUSUAL TO HAVE PUD THAT WE'RE VIEWING AS ONE UNIT AND TWO SEPARATE OWNERS COMING TO US TO ASK FOR REZONINGS.

HOW DID WE GET HERE?

>> WELL, ALL ALL PARTIES IN THE PUD THAT HAVE AN INTEREST IN THE PUD HAVE TO AGREE TO THE REZONING.

FOR EXAMPLE, WALLY DEVLIN WHEN HE ACQUIRED, THAT THERE WERE AT 1.4 DIFFERENT OWNERS IN THIS PUD.

THE ABDUL HUSSEIN FAMILY CONSOLIDATED THAT INTO THEIR PORTION

[03:15:05]

WHICH IS OWNED BY THEIR FAMILY AND MR. COX SO THERE'S NOW TWO OWNERS.

BUT THERE HAVE BEEN MORE THAN ONE OWNER OF THIS PUD FROM THE BEGINNING.

>> YES. I UNDERSTAND THAT BUT WHY ARE WE GETTING TWO SEPARATE APPLICATIONS? [OVERLAPPING] WHY IS IT NOT TREATED AS ONE PUD [NOISE]?

>> WELL, THERE'S TWO DIFFERENT OWNERS.

>> YOU SAID IT WAS ONE PUD, SO I DON'T UNDERSTAND WHY WE HAVE TWO SEPARATE APPLICATIONS FOR ONE PUD? [LAUGHTER] [OVERLAPPING]

>> MAYBE I CAN HELP. THERE IS ONE PUD.

THERE ARE MULTIPLE OWNERS WITHIN THE PUD.

EACH OWNER HAS A RIGHT, AND WE'RE BACK TO THAT PROCEDURAL DUE PROCESS QUERY AND THE CASE LAW THAT SAYS YOU HAVE A RIGHT TO REQUEST A REZONING TO YOUR PROPERTY.

THAT IS WHAT MR. COX IS REQUESTING.

HE HAS THE PROCEDURAL DUE PROCESS RIGHT TO ASK YOU TO CONSIDER THE EVIDENCE, THE COMPETENT, SUBSTANTIAL EVIDENCE OF WHETHER OR NOT HIS APPLICATION IN THE PROPERTY OWNS, COMPLIES WITH THE REZONING REQUEST, COMPLIES WITH COMPREHENSIVE PLAN, ALL THE LAND DEVELOPMENT CODE REGULATIONS, AND WE'RE BACK TO THAT BURDEN SHIFTING.

IF YOU FIND THAT HIS APPLICATION DOES COMPLY, THEN THE BURDEN SHIFTS.

>> THANK YOU.

>> COMMISSIONERS I MAKE A MOTION THAT WE APPROVE ORDINATES 2021-20 ON SECOND READING, READ BY TITLE ONLY AND PASSED.

>> I SECOND.

>> HAVE A MOTION IN A SECOND.

>> ORDINANCE NUMBER 2021-20 AN ORDINANCE OF THE CITY OF ST. AUGUSTINE, FLORIDA, AMENDING THE ZONING FOR APPROXIMATELY 2.64 ACRES OF PROPERTY LOCATED ON THE SOUTH SIDE OF KING STREET AND WEST OF SEBASTIAN HARBOR DRIVE.

AS MORE PARTICULARLY DESCRIBED HERE AND AFTER, FROM ITS CURRENT CLASSIFICATION OF PLANNED UNIT DEVELOPMENT, PUD, TO THE CLASSIFICATION OF RESIDENTIAL GENERAL OFFICE, RGO, PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES, PROVIDING FOR SEVERANCE OF INVALID PROVISIONS, AND PROVIDING AN EFFECTIVE DATE.

>> IS THERE FURTHER DISCUSSION?

>> YES.

>> PLEASE.

>> IF WE APPROVE THIS, THEN WE'RE BREAKING THE PUD.

>> [LAUGHTER] MR. BERTRAM HAS INTERPRETED AS AN AMENDMENT OF THE PUD.

>> AM I RIGHT?

>> WELL, IT WOULD REQUIRE AN AMENDMENT BECAUSE THE LANGUAGE IN THE PUD NARRATIVE NOW INCLUDES THE [INAUDIBLE] PORTION, THE LEGAL DESCRIPTION.

THE NARRATIVE WHICH DESCRIBES THE LOCATION, DESCRIBES BOTH OF THOSE OWNERS WITHIN THE NARRATIVE IN THE SITE DEVELOPMENT PLAN INCLUDES THAT PROPERTY.

WE ARE GOING TO HAVE TO GO THROUGH A PUD AMENDMENT TO RECTIFY THAT.

>> COULD I ASK A QUESTION.

IF WE'RE GOING TO BUST UP A PUD DOES THAT REQUIRE THE CONSENT OF ALL PARTIES INVOLVED IN THE PUD?

>> YES, IT DOES.

>> SORRY.

>> YES, IT DOES.

>> THIS IS GOING TO BE VERY INTERESTING.

>> THERE IS A WAY TO ADMINISTER ADMINISTRATIVELY REZONED PROPERTY, BUT IT HAS SUBSTANTIAL POTENTIAL LITIGATION ENTRY POINTS.

I GUESS I'LL LEAVE IT AT THAT.

>> THIS IS A CASE OF FIRST IMPRESSION FOR OUR STAFF.

CERTAINLY FOR MYSELF, I WON'T SPEAK FOR ANYBODY ELSE.

I THINK THE COMMISSION IS VERY CLEAR ABOUT BOTH THE PUBLIC POLICY OBJECTIVES WE'RE TRYING TO REACH, AS WELL AS OUR BURDEN AS SITTING AS A QUASI-JUDICIAL BODY.

I THINK THAT THE COMMISSION HAS DONE ITS VERY BEST TO ADDRESS AN EXCEEDINGLY COMPLICATED SITUATION AND I RECOGNIZE THERE ARE A LOT OF QUESTIONS THAT ARE NOT READILY ANSWERABLE.

IS THERE FURTHER DISCUSSION? SEEING NONE, MADAM CLERK, PLEASE CALL THE ROLL.

>> TRACY UPCHURCH.

>> YES.

>> NANCY SIKES-KLINE.

>> YES.

>> JOHN VALDES.

>> YES.

>> ROXANNE HORVATH.

>> YES.

>> BARBARA BLONDER.

>> YES.

>> THANK YOU. THE ORDINANCE PASSES.

COMMISSIONERS, AS YOU KNOW, WE HAVE A FIRM CLOSING AT 9 PM.

I'VE SPOKEN TO THE CITY MANAGER AND CITY ATTORNEY, AND OUR RECOMMENDATION TO YOU WOULD BE TO ADDRESS THREE MORE ITEMS AND EVERYTHING ELSE CAN EASILY WAIT TILL OUR NEXT MEETING, INCLUDING THE OTHER ORDINANCE ON FIRST READING.

THE THREE ITEMS WE WOULD RECOMMEND TO YOU IS ORDINANCE 2021-22, WHICH IS HERE ON FIRST READING.

[NOISE] RESOLUTION 2021-39, PERTAINING TO THE AMERICAN RESCUE PLAN AND THEN THE ITEM THAT THE CITY ATTORNEY HAS WALKED ON CONCERNING THE NATIONAL GUARD AGREEMENT.

>> OKAY.

>> ARE YOU AGREEABLE WITH THAT MODIFICATION?

>> YES.

>> THANK YOU. WE'RE NOW ON ORDINANCE 2021-22, MISS LOPEZ?

[9.A.1. Ordinance 2021-22: Modifies the definition of "salary" for firefighter pension purposes. (I. Lopez, City Attorney)]

[03:20:01]

>> YES. THIS ORDINANCES ON FIRST READING, IT WOULD MODIFY THE DEFINITION OF SALARY FOR OUR FIREFIGHTERS TO INCLUDE SPECIAL INCENTIVE PAY AS PART OF THEIR PENSIONABLE BENEFIT.

>> SO MOVE.

>> SECOND.

>> [LAUGHTER] LET ME BE A LITTLE BIT MORE SPECIFIC THAT ORDINANCE 2021-22, BE READ BY TITLE ONLY AND PASSED TO SECOND READING TO A PUBLIC HEARING.

>> ORDINANCE NUMBER 2021-22, AN ORDINANCE OF THE CITY COMMISSION OF ST. AUGUSTINE, FLORIDA AMENDING SECTION 20-191 OF THE CODE OF THE CITY OF ST. AUGUSTINE, MODIFYING THE DEFINITION OF SALARY FOR FIREFIGHTER PENSION PURPOSES, PROVIDING FOR SEPARABILITY, PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF ST. AUGUSTINE, AND PROVIDING AN EFFECTIVE DATE.

>> IS THERE DISCUSSION? SEEING NONE, MADAM CLERK, PLEASE CALL THE ROLL.

>> TRACY UPCHURCH.

>> YES.

>> NANCY SIKES-KLINE.

>> YES.

>> JOHN VALDES.

>> YES.

>> ROXANNE HORVATH.

>> YES.

>> BARBARA BLONDER.

>> YES.

>> THANK YOU. THE ORDINANCE PASSES ON FIRST READING.

[9.B.2. Resolution 2021-39: Authorizes the City Manager to execute the American Rescue Plan Act recovery fund agreement. (M. Simpson, Director Finance)]

WE ARE NOW ON RESOLUTION 2021-39, WHICH AUTHORIZES THE CITY MANAGER TO EXECUTE THE AMERICAN RESCUE PLAN ACT RECOVERY FUND AGREEMENT.

OKAY, MR. SIMPSON, AGAIN.

>> GOOD EVENING, MR. MAYOR, MADAM VICE MAYOR AND COMMISSIONERS, MARK SIMPSON, CITY FINANCE DIRECTOR.

WHAT YOU HAVE BEFORE YOU IS A RESOLUTION THAT AUTHORIZES THE CITY MANAGER TO EXECUTE AN AGREEMENT WHICH WILL AUTHORIZE US TO SPEND APPROXIMATELY $7.1 MILLION ON AMERICAN RESCUE PLAN FUNDS.

THESE WERE DISCUSSED AT OUR BUDGET WORKSHOP RECENTLY.

THERE WILL BE MUCH MORE EDUCATION TO COME AND WE WILL BRING ADDITIONAL MATTERS TO YOUR ATTENTION.

>> THIS IS A PROCEDURAL STEP TO KEY US UP IN ORDER TO RECEIVE THE FUNDS?

>> THIS IS OUR INITIAL STEP. YES.

>> THANK YOU, SIR.

>> SO MOVED.

>> I SECOND. FURTHER DISCUSSION.

MADAM CLERK, PLEASE CALL THE ROLL.

MOTION BY COMMISSIONER HORVATH, SECOND BY THE MAYOR.

>> ROXANNE HORVATH.

>> YES.

>> TRACY UPCHURCH.

>> YES.

>> JOHN VALDES.

>> YES.

>> BARBARA BLONDER.

>> YES.

>> NANCY SIKES-KLINE.

>> YES.

>> THANK YOU. THE RESOLUTION PASSES.

NOW, MS. LOPEZ, WE'RE ON THE NATIONAL GUARD MATTER.

[Additional Item]

>> YES. THE NATIONAL GUARD HAS REQUESTED A TEMPORARY WORK AREA EASEMENT ON THE WATER SIDE OF THEIR SEAWALL FOR THEIR REPAIRS THAT MAY LAST FOR TWO YEARS.

IT WON'T AFFECT OUR SIDE, IT'S JUST ON THE WATER SIDE BECAUSE IT'S OUR SUBMERGED LANDS.

>> SO MOVE.

>> SECOND.

>> IS THERE FURTHER DISCUSSION? [NOISE].

>> COMMISSIONER VALDES SECONDED, THE MAYOR MOVED THE MOTION.

IF YOU'D CALL THE ROLL, PLEASE.

>> TRACY UPCHURCH.

>> YES.

>> JOHN VALDES.

>> YES.

>> ROXANNE HORVATH.

>> YES.

>> BARBARA BLONDER.

>> YES.

>> NANCY SIKES-KLINE.

>> YES.

>> THANK YOU VERY MUCH. THE REQUEST HAS BEEN APPROVED.

COMMISSIONERS, AGAIN, WE WILL MOVE THE REMAINING ITEMS TO THE SEPTEMBER 27TH MEETING.

I APPRECIATE YOUR PATIENCE AND YOUR WISDOM AND YOUR GOOD SPIRITS THIS EVENING AND ESPECIALLY TO MISS LOPEZ, MR. BERTRAM, FOR YOUR HELP.

WITH THAT, WE WILL CONSIDER OURSELVES ADJOURNED.

[NOISE]

* This transcript was compiled from uncorrected Closed Captioning.