I'M CALLING THIS MEETING OF THE CITY COMMISSION TO ORDER.
[00:00:04]
MADAM CLERK, PLEASE CALL THE ROLL.WE HAVE FIRST UP, WE HAVE PASTOR MIKE BELCHER FROM GRACE COMMUNITY CHURCH TO LEAD OUR INVOCATION AND WILL BE FOLLOWED BY THE PLEDGE OF ALLEGIANCE LED BY VICE MAYOR ROXANNE HORVATH.
WILL YOU PLEASE STAND? LET US PRAY. DEAR LORD GOD, OUR FATHER IN HEAVEN, WE COME TO YOU IN JESUS'S NAME TONIGHT.
JUST ASKING YOU, FATHER, AS THESE GATHERED TOGETHER TO DISCUSS THE BUSINESS OF THIS BEAUTIFUL TOWN OF SAINT AUGUSTINE, FATHER, THAT YOU WOULD JUST BE WITH EACH ONE AND GRANT THEM WISDOM AND KNOWLEDGE FATHER, FOR EVERY DECISION THERE'S GOING TO BE MADE.
WE JUST THANK YOU FOR THESE THINGS AND ASK YOU FOR THEM.
IN JESUS, PRECIOUS AND HOLY NAME, WE PRAY.
THANK YOU. THANK YOU. PLEASE BE SEATED.
RIGHT. NEXT ITEM ARE ADMINISTRATIVE ITEMS, MODIFICATION APPROVAL OF REGULAR AGENDA?
[2. ADMINISTRATIVE ITEMS]
DO YOU HAVE ANY? DOES ANYONE HAVE MODIFICATIONS TO THE AGENDA? I DO MADAM MAYOR, I WOULD LIKE TO ADD UNDER CITY ATTORNEY REPORTS JUST A QUICK UPDATE ON THE SCHAFFER LITIGATION.ANY OTHER MODIFICATIONS? HEARING NONE, I MOVE THAT WE APPROVE THE REGULAR AGENDA AS PRESENTED.
OKAY. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.
THANK YOU. SO WE HAVE A SPECIAL PRESENTATION.
[3.A. Proclamation 2023-27: Proclaims August 23, 2023 a Day for the Remembrance of the Slave Trade and its Abolition. (C. Garris, Commissioner) ]
WE HAVE A PROCLAMATION TONIGHT.IT'S GOING TO BE LED BY COMMISSIONER GARRIS, AND IT WILL BE FOR THE DAY OF REMEMBRANCE OF THE SLAVE TRADE AND ITS ABOLITION. EXCELLENT.
SO SHALL WE JOIN YOU? OKAY. THERE IS A HANDHELD MIC HERE.
AND. WHEREAS, THE 1565 SETTLEMENT OF SAINT AUGUSTINE BY PEDRO MENÉNDEZ DE AVILÉS AS THE FIRST PERMANENT EUROPEAN OUTPOST COMPOSED OF FREE ENSLAVED AFRICANS, EUROPEANS AND NATIVE PEOPLE ON THE NORTH AMERICAN MAINLAND.
AND. WHEREAS, SAINT AUGUSTINE, FLORIDA HAS TWO SITES OF MEMORY DESIGNATED BY THE UNESCO ROUTES OF ENSLAVED PEOPLE THE PORT OF SAINT AUGUSTINE AND GARCIA REAL DE SANTA TERESA DE MOSE, FORT MOSE.
AND. WHEREAS, THE CITY OF SAINT AUGUSTINE GRANTED SANCTUARY AS A SITE OF REFUGE FOR MENORCAN AND GREEK PEOPLE INDENTURED AND OFFICIALLY ENSLAVED WEST AFRICANS AT THEIR TURNBULL PLANTATIONS IN NEW SMYRNA.
AND. WHEREAS, SAINT AUGUSTINE SERVED AS A MIDDLE PASSAGE PORT OF ENTRY UNDER BRITISH RULE AND WITH THE ARRIVAL OF NINE DOCUMENTED VESSELS DELIVERING MORE THAN 1200 CAPTIVE AMERICANS, CAPTIVE AFRICANS BETWEEN 1767 AND 1776 TO THE COLONY.
AND. WHEREAS, SAINT AUGUSTINE AND SURROUNDING REGIONS REFLECTED THE MOST DIVERSE REPRESENTATION OF AFRICAN ETHNIC GROUPS ON THE NORTH AMERICAN MAINLAND BETWEEN 1809 AND 1860 BECAUSE OF ITS COASTAL FRONTIER AND ACCESS TO THE EVERGLADES AS PLACES OF OPPORTUNITY FOR ESCAPE FROM SLAVERY, FROM CAPTIVES AND OTHER TERRITORIES.
AND. WHEREAS, THE ANCESTRAL REMEMBRANCE CEREMONY AND HISTORIC MARKERS IN SAINT AUGUSTINE PROVIDE EVIDENCE OF A HISTORY SHARED WITH 69 DOCUMENTED MIDDLE PASSAGE ARRIVALS LOCATIONS FROM MAINE TO TEXAS.
[00:05:09]
AS THE DAY OF REMEMBRANCE OF THE SLAVE TRADE AND ITS ABOLITION, AND ENCOURAGE ALL CITIZENS AND RESIDENTS TO NOW AND ALWAYS TO HAVE REVERENT RESPECT FOR THE AFRICANS WHOSE LIVES WERE STOLEN AND FOR THOSE WHO ENDURED SLAVERY AND INDENTURED SERVITUDE AND WITNESSED THAT WHEREAS I HERE TO SET MY HAND AND DO CAUSE THE SEAL OF THE CITY OF SAINT AUGUSTINE, FLORIDA, TO AFFIX THIS 14TH DAY OF AUGUST IN THE YEAR OF OUR LORD 2023, AND THE 457TH YEAR OF THE FOUNDING OF SAINT AUGUSTINE, THE NATION'S OLDEST CITY, SIGNED BY OUR MAYOR, NANCY SIKES-KLINE.CAN YOU COME FORWARD? WE SO APPRECIATE YOU.
THANK YOU, COMMISSIONER AND MAYOR AND THE REST OF THE COMMISSION.
WE WOULD LIKE TO INVITE YOU ALL.
AND WE HAVE PEOPLE HERE FROM THE MIDDLE PASSAGE WHO WILL BE JOINING US.
AND COMMISSIONER, I HOPE YOU'LL BE THERE TO JOIN US AS WELL.
AND WE WILL HAVE SOME AFRICAN DRUMMING AND SOME OTHER CEREMONIAL THINGS THAT WILL HAPPEN.
IT'S ONLY A 30 MINUTE PROGRAM.
SO IF YOU ARE ABLE TO COME RIGHT AFTER WORK.
IT'S FROM THAT I GET THE TIME WRONG, 5 TO 530.
THANK YOU. SO WE INVITE YOU ALL TO COME AND JOIN US AT THAT TIME.
I DON'T KNOW IF MANY OF YOU REALIZE, BUT THERE ARE PORTS IN WHICH THOSE SLAVE SHIPS ARRIVED.
AND EVERY YEAR WITH RESEARCH, THEY'RE ADDING MORE PORTS TO THE MIDDLE PASSAGE MARKERS.
SO THIS IS A UNESCO WORLD HERITAGE SITE, THE ENTIRE EAST COAST OF THE AMERICAS.
AND THOUGH WE'VE BEEN PARTICIPATING FOR ABOUT 11 YEARS, THIS IS THE SECOND YEAR IN A ROW THAT WE ARE COMING TOGETHER AND OF PEOPLE OF FAITH AND FROM CIVIL ORGANIZATIONS COMING TOGETHER IN ORDER TO REMEMBER ALL OUR ANCESTORS, BUT ESPECIALLY THOSE WHOSE BONES LINE THE FLOOR OF THE ATLANTIC OCEAN.
AND THANK YOU, COMMISSIONER, FOR SPONSORING THE BILL.
MR. JACKSON, IF YOU CAN COME UP WITH A PICTURE.
I WAS REALLY WAITING FOR MR. JACKSON. I JUST WANT TO SAY THANK YOU.
I MEAN, THIS GOES IT GOES SO FAR IN TERMS OF RACIAL HEALING IN THIS CITY.
SO THANK YOU ALL VERY, VERY MUCH.
I JUST WANT TO SAY I'VE BEEN WORKING WITH THE PROJECT NOW FOR SINCE 2015 WHEN WE HAD THE 450TH.
AND THIS IS A PROJECT THAT REALLY NEEDS TO BE CONTINUED.
AND NEXT WEEK, THE 23RD, WE'LL BE HAVING A CEREMONY DOWN AT THE PLAZA AND COME ON DOWN AT 430, 5:00.
WELL, 430, WE'LL START THE DRUMMING.
OH, VERY GOOD. YEAH. AND THEN THE JUDGING AND THEN PROGRAM STARTS AT FIVE.
[00:10:05]
ALL RIGHT. WE'RE MOVING ON TO.[4. PUBLIC COMMENTS FOR GENERAL PUBLIC COMMENTS OR FOR AGENDA ITEMS NOT REQUIRING A SEPARATE PUBLIC HEARING]
PUBLIC COMMENTS.OUR FIRST SPEAKER IS CHRIS BULMER, FOLLOWED BY HOLLY DOUCETTE.
GOOD EVENING. CHRIS FULMER, I LIVE IN SAINT AUGUSTINE.
FOR SOME REASON, THE ABOLITION OF SLAVERY IS NOT REALLY CELEBRATED IN THE US AND THERE ARE PEOPLE WHO PREFER TO CELEBRATE THE TIME WHEN SLAVERY WAS LEGAL WHILE PRETENDING THAT IT WAS AN ACCEPTABLE SOMETHING LIKE JOB TRAINING.
I HAVE TOLD THIS STORY BEFORE.
THE NEW PEOPLE HAVE NOT HEARD IT.
AND IN A SEPARATE COLUMN, THE ENSLAVED PEOPLE, NINE MALE AND NINE FEMALE.
BUT WHAT TORE MY HEART OUT WAS THE 1890 CENSUS, WHERE THEY HAD THE HEAD OF HOUSEHOLD, MY GREAT GRANDFATHER, HIS SPOUSE, AND UNDER THEIR NAMES A 12 YEAR OLD GIRL NAMED MILLIE, BLACK FEMALE.
SHE IS ENUMERATED WITH HER EMPLOYER'S FAMILY IN THE JIM CROW SOUTH.
DOES THIS WOMAN HAVE A HUSBAND? DOES SHE HAVE A FAMILY? DOES SHE HAVE CHILDREN? IN JIM CROW, MISSISSIPPI, SHE IS NOTHING MORE THAN A POSSESSION OF HER EMPLOYER AND DOESN'T EVEN HAVE THE DIGNITY OF A LAST NAME.
THIS IS THE REAL HISTORY THAT NEEDS TO BE TAUGHT.
DR. JANE ELLIOTT, WHO'S KNOWN FOR HER BLUE EYES BROWN EYES EXPERIMENT, FAMOUSLY ASKS THE QUESTION, IF YOU AS A WHITE PERSON WANT TO BE TREATED THE WAY BLACK PEOPLE IN OUR SOCIETY ARE TREATED, PLEASE STAND UP.
AND OF COURSE, NO ONE EVER STANDS.
SHE THEN SAYS THAT SAYS VERY PLAINLY THAT YOU KNOW WHAT IS HAPPENING.
YOU KNOW YOU DON'T WANT IT FOR YOU.
I WANT TO KNOW WHY YOU ARE SO WILLING TO ACCEPT IT OR ALLOW IT TO HAPPEN FOR OTHERS.
IF YOU ARE EVER NEAR MONTGOMERY, ALABAMA, TRY TO VISIT THE NATIONAL MUSEUM FOR PEACE AND JUSTICE.
THAT'S THERE. CHARLESTON HAS A NEW INTERNATIONAL AFRICAN-AMERICAN MUSEUM IN WASHINGTON, D.C.
THERE IS A NATIONAL MUSEUM OF AFRICAN-AMERICAN HISTORY AND CULTURE.
LEARN THE REAL HISTORY OF OUR NATION.
TAKE THIS OPPORTUNITY TO VISIT THE HISTORIC CITY WHEN IT'S RELATIVELY EMPTY.
I'LL ASK YOU TO HOLD YOUR APPLAUSE TONIGHT.
HOLLY DOUCETTE, FOLLOWED BY VICKY PEPPER.
HAVE YOU PASSED ANOTHER RESOLUTION TO ACQUIRE OR LEASE THE STATE LAND OR TO DONATE CITY LAND? OR ARE YOU RELYING ON THE RESOLUTION OF 202301 WHICH ONLY AUTHORIZES THE LEASE OF LAND? ALSO, HAVE YOU IDENTIFIED ANY CITY LAND TO SWAP FOR THE STATE PARK LAND OR SUPPORT A LEASE OF THAT LAND? WHAT LAND HAS BEEN IDENTIFIED OR OFFERED? HAVE YOU VALUED THE LAND TO DETERMINE THE VALUE OF THE LAND TO BE SWAPPED OR DONATED? WHAT ARE THOSE VALUES? HAVE YOU REVIEWED YOUR OWN FLOOD ANALYSIS TO DETERMINE WHETHER THE EXISTING FIRE STATION HAS EVER FLOODED BECAUSE IT'S ADVERTISED THAT IT WAS IT HASN'T EVER FLOODED? AND ON YOUR OWN FLOOD ANALYSIS ON THE CITY WEBSITE CONFIRMS THAT.
AND SINCE DOT HAS APPROVED A CROSSWALK AT THE AMP, HOW ABOUT USING THE POLICE TO START TARGETING THE SPEEDERS ON A-1-A, WHICH IS THE REAL SAFETY CONCERN, NOT THE RED COX INTERSECTION? IF YOU SLOW DOWN PEOPLE BEFORE THEY GET TO THAT INTERSECTION, THEN YOU SHOULDN'T HAVE A PROBLEM THERE.
[00:15:03]
PEOPLE ARE GENERALLY GOING 55 MILES AN HOUR ACCORDING TO THE STUDIES THAT WERE DONE.SO WHY HAVEN'T YOU ACTIVELY PUT SOME POLICE OUT THERE TO STOP PEOPLE FROM SPEEDING? THAT'S ALL MY QUESTIONS I HAVE.
GOOD EVENING, MADAM MAYOR, VICE MAYOR AND COMMISSIONERS.
PARDON. NAME AND ADDRESS, PLEASE.
I LIVE ON HARBOR VISTA CIRCLE IN SAINT AUGUSTINE.
FIRST, I'D LIKE TO THANK COMMISSIONER GARRIS FOR HER LEADERSHIP AND THE CITY COMMISSION FOR RECOGNIZING AND PROCLAIMING AUGUST 23RD, 2023 IS A DAY FOR REMEMBRANCE OF THE SLAVE TRADE AND ITS ABOLITION.
SECOND, WE STILL NEED A PUBLIC HOUSING AUTHORITY IN SAINT JOHNS COUNTY TO PROVIDE THE NEW TOOLS ACCESS TO ADDITIONAL FEDERAL FUNDING AND FOCUS THAT WILL INCREASE OUR CAPACITY TO ADDRESS OUR EVER GROWING AFFORDABLE HOUSING CRISIS.
IN MY CAPACITY AS A MEMBER OF THE BOARD OF THE SAINT JOHNS COUNTY CONTINUUM OF CARE, I'VE LEARNED THAT PORT IN THE STORM, SAINT JOHNS COUNTY'S ONLY HOMELESS SHELTER FOR YOUNG PEOPLE AGED 18 TO 24, IS BURSTING AT THE SEAMS AND TO THE POINT OF HAVING TO TURN AWAY THE YOUTH IN NEED.
WE'RE CONTINUING TO RESEARCH THIS ISSUE, BUT CARE LEARNED RECENTLY THERE'S FEDERAL FEDERAL HOUSING VOUCHER PROGRAM SPECIFICALLY AVAILABLE TO YOUNG PEOPLE, INCLUDING ESPECIALLY THOSE AGING OUT OF THE FOSTER CARE SYSTEM.
HOWEVER, THESE VOUCHERS ARE RECEIVED AND MUST BE ADMINISTERED BY THE LOCAL PUBLIC HOUSING AUTHORITY, WHICH, AS YOU KNOW, WE DON'T HAVE ONE OF IN SAINT JOHNS COUNTY, AS I'VE SAID BEFORE, CARES NOT GIVEN UP ON THE COUNTY DESPITE THE BOX THREE TO VOTE NOT TO PROCEED WITH THE PUBLIC HOUSING AUTHORITY ON JANUARY 17TH.
BUT WE ALSO CONTINUE TO BELIEVE THERE COULD BE ADVANTAGES FOR ALL JURISDICTIONS IF THE CITY TOOK THE NOMINAL LEAD ON ESTABLISHING A SAINT JOHNS COUNTY PUBLIC HOUSING AUTHORITY, NOT THE LEAST OF WHICH THAT MAYOR SIKES-KLINE WOULD APPOINT THE PUBLIC HOUSING AUTHORITY'S GOVERNING COMMISSIONERS INSTEAD OF GOVERNOR DESANTIS.
PLEASE CONTINUE TO KEEP OPEN MINDS ON THIS ISSUE SO THAT SAINT JOHNS COUNTY PUBLIC HOUSING AUTHORITY CAN BE ESTABLISHED ON BEHALF OF ALL SAINT OF THE CITIZENS OF SAINT AUGUSTINE AND OF SAINT JOHNS COUNTY.
NEXT SPEAKER IS SCOTT ROBINSON, FOLLOWED BY MAYA SNYDER.
SCOTT ROBINSON, 13 MARYLAND AVENUE.
AND THANK YOU AS WELL COMMISSIONER BLONDER FOR ASKING MR. BIRCHIM TO CONTINUE TO KEEP US APPRIZED OR BEGIN TO KEEP US APPRIZED AS TO WHAT'S GOING ON.
THE STRATEGIC PLAN OF THE CITY OF SAINT AUGUSTINE CLEARLY SETS THAT AS A HIGH USE.
SO IT'S SOMEWHAT IRONIC TO ME THAT THE CITY CONTINUES TO PURSUE ACQUIRING PROPERTY WITHIN THE STATE PARK, SHRINKING THE STATE PARK AS A RESULT THEREOF, TAKING LAND THAT'S CURRENTLY CONSERVATION LAND AND DEVELOPING THAT LAND.
THAT'S THE DIRECT OPPOSITE OF WHAT YOU ALL WERE APPLAUDING YOURSELVES FOR DOING EARLIER.
WHAT YOU SHOULD DO IS PRESERVE CONSERVATION LAND.
NOW, WE WERE TOLD THE REASON A FIRE STATION WAS NEEDED WAS TWOFOLD.
DOUCETTE HAS POINTED OUT, IT'S NEVER FLOODED.
IT'S NOT EVEN IN THE FLOOD PLAIN.
THE SECOND REASON WAS THAT IT WASN'T LARGE ENOUGH TO ACCOMMODATE AN AMBULANCE.
WELL, AS YOU MAY OR MAY NOT KNOW, THE CITY FIRE SERVICES DO NOT PROVIDE AMBULANCES.
[00:20:04]
SO, AGAIN, IT'S A SPECIOUS REASON.THE THIRD REASON AND WHAT WE WERE TOLD BY MR. BERTRAM WAS BECAUSE THE DOT HAD IDENTIFIED THAT INTERSECTION AS BEING UNSAFE.
WELL, IF YOU LOOK AT THE TRAFFIC STUDY THAT THEY JUST DID THAT OUR NEIGHBORHOOD DIRECTED AND DURING WHICH WE WERE TOLD THAT THE CITY OF SAINT AUGUSTINE HAS NEVER CONTACTED THE DOT ABOUT THE DANGERS AT THAT INTERSECTION OR DURING THAT STREET.
WELL, THAT'S WHAT WE WERE TOLD.
SLOWING DOWN THE TRAFFIC, POSTING POLICE OFFICERS THERE TO SLOW THAT TRAFFIC DOWN WILL STOP ANY PROBLEMS THAT THE SUPPOSED DANGEROUS INTERSECTION OF RED COX ROAD. THE LAST THING I'D LIKE TO SAY IS THIS CITY OWNS A LOT OF PROPERTY.
THERE ARE A LOT OF PROPERTIES WHERE YOU COULD BUILD A FIRE STATION AND STILL COMPLY WITH THE REQUIREMENTS AND THE CHARTER OF THIS CITY TO PRESERVE CONSERVATION LAND, BUILD A FIRE STATION THERE, OR LEAVE THE FIRE STATION WHERE IT IS.
DON'T TAKE CONSERVATION LAND TO DO IT.
NEXT SPEAKER MAYA SNYDER, FOLLOWED BY BJ KALAIDI.
MY NAME IS MIA SNYDER, AND I LIVE ON WINDWARD WAY.
I'D LIKE TO THANK YOU FOR YOUR ONGOING EFFORTS FOR OUR HOMELESS IN OUR COMMUNITY.
THE PRINCIPLE OF COMPASSION LIES AT THE HEART OF ALL RELIGIOUS, ETHICAL AND SPIRITUAL TRADITIONS, CALLING US ALWAYS TO TREAT ALL OTHERS AS WE WISH TO BE TREATED OURSELVES. COMPASSION IMPELS US TO WORK TIRELESSLY TO ALLEVIATE THE SUFFERING OF OUR FELLOW CREATURES, TO DETHRONE OURSELVES FROM THE CENTER OF OUR WORLD AND PUT ANOTHER THERE, AND TO HONOR THE INVIOLABLE SANCTITY OF EVERY SINGLE HUMAN BEING.
TREATING EVERYBODY, WITHOUT EXCEPTION, WITH ABSOLUTE JUSTICE, EQUITY AND RESPECT.
IT IS ALSO NECESSARY IN BOTH PUBLIC AND PRIVATE LIFE TO REFRAIN CONSISTENTLY AND EMPATHETICALLY FROM INFLICTING PAIN, TO ACT OR SPEAK VIOLENTLY OUT OF SPITE, CHAUVINISM OR SELF INTEREST TO IMPOVERISH, EXPLOIT OR DENY BASIC RIGHTS TO ANYBODY, AND TO INCITE HATRED BY DENIGRATING OTHERS, EVEN OUR ENEMIES IS A DENIAL OF OUR COMMON HUMANITY.
WE THEREFORE CALL UPON ALL MEN AND WOMEN TO RESTORE COMPASSION TO THE CENTER OF MORALITY AND RELIGION, TO RETURN TO THE ANCIENT PRINCIPLE THAT ANY INTERPRETATION OF SCRIPTURE THAT BREEDS VIOLENCE, HATRED OR DISDAIN IS ILLEGITIMATE.
TO ENSURE THAT YOUTH ARE GIVEN ACCURATE AND RESPECTFUL INFORMATION ABOUT OTHER TRADITIONS, RELIGIONS AND CULTURES, TO ENCOURAGE A POSITIVE APPRECIATION OF CULTURAL AND RELIGIOUS DIVERSITY, TO CULTIVATE AND INFORMED EMPATHY WITH THE SUFFERING OF ALL HUMAN BEINGS, EVEN THOSE REGARDED AS ENEMIES.
COMPASSION CAN BREAK DOWN POLITICAL, DOGMATIC, IDEOLOGICAL AND RELIGIOUS BOUNDARIES.
BORN OF OUR DEEP INTERDEPENDENCE.
COMPASSION IS ESSENTIAL TO HUMAN RELATIONSHIPS AND TO A FULFILLED HUMANITY.
ESTABLISHED IN GENEVA, SWITZERLAND, IN FEBRUARY 2009 AND THE MISSION STATEMENT FOR COMPASSIONATE SAINT AUGUSTINE IS INFLUENCING, INSPIRING AND GROWING A CULTURE OF COMPASSION THROUGH ADVOCACY, AWARENESS AND ACTION ESTABLISHED IN SAINT AUGUSTINE, FLORIDA, ON SEPTEMBER 9TH, 2013.
UM, THE LAST SPEAKER CARD I HAVE IS BJ KALAIDI.
THE WEST CITY OF SAINT AUGUSTINE.
THANK YOU, MAYOR. TEN A WHICH USED TO BE 11 A.
RAISING UTILITY FEES RATES WILL WHILE PAYING WATER BILLS OF 16 CITY EMPLOYEES OR 11,520 TAX DOLLARS A YEAR IS DISGRACEFUL.
SOME INDIVIDUALS LIVE ON LESS THAN $11,520 EARNED A YEAR 23.40% OF
[00:25:08]
PROPERTIES IN THE CITY OF SAINT AUGUSTINE DO NOT PAY PROPERTY TAXES, WHICH IS 764,116,703 TAX DOLLARS NOT COLLECTED TO MAKE UP FOR THIS, THE LOSS, RESIDENTS WHO LIVE IN THE CITY OF SAINT AUGUSTINE PAY CITY, COUNTY AND FIRE TAXES.CITY HOME RULE PREVENTS FIREWORKS IN THE CITY LIMITS.
AND THE MOST IMPORTANT THING I WANT TO SAY THIS AFTERNOON IS THANK YOU, MISS PEACHES, ALSO KNOWN AS PATRICIA AND ALL OF THE STAFF IN THE SOLID WASTE DEPARTMENT.
SHE WAS RECOGNIZED IN NEWS AND NOTES, AND I GET THAT FROM OTHER PEOPLE.
ALL RIGHT. PUBLIC HEARING IS CLOSED.
WE'LL MOVE ON TO THE CONSENT AGENDA.
[5. CONSENT AGENDA]
MR. CITY MANAGER.THE CONSENT AGENDA FOR AUGUST 14TH.
THE FOLLOWING ORDINANCES ARE TENTATIVELY SCHEDULED FOR SECOND READING ON AUGUST 28TH.
ORDINANCE 2023-24 CLARIFIES THE CODE AS IT PERTAINS TO PARTIAL DEMOLITIONS.
INCREASING THRESHOLDS FOR COMPETITIVE BIDS.
REMINDER OF UPCOMING MEETINGS.
A SPECIAL MEETING OF THE PROPOSED NIGHTLIFE ORDINANCE.
SPECIAL MEETING OF THE 2024 TENTATIVE BUDGET AND ACTION ITEMS. AUGUST 25TH AT 9 A.M.
SPECIAL MEETING OF THE 2024 TENTATIVE BUDGET AND ACTION ITEMS. IN AUGUST 28TH AT 5 P.M., A REGULAR CITY COMMISSION MEETING.
WE HAVE A RELEASE OF LIEN FOR UNIT CONNECTION FEE MORTGAGES FOR 941 WEST NINTH STREET.
AND WE HAVE AN INVOICE FOR PAYMENT TO CAVENDISH PARTNERS PA IN THE AMOUNT OF $1,653 FOR QUIET TITLE LAWSUIT FOR 86,008 ANDERSON STREET.
AND THAT CONCLUDES THE CONSENT AGENDA.
THANK YOU. ANY COMMENTS OR QUESTIONS ABOUT THE CONSENT AGENDA? NO. I MOVE TO APPROVE.
ALL RIGHT. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE? AYE. THANK YOU.
NINE A, WHICH IS A PUBLIC HEARING AND A
[8.A.1. Ordinance 2023-23: Vacates a portion of Depot Street between 194 West King Street (PID 1111900000), 198 West King Street (PID 1112000000) and 35 North Ponce de Leon Boulevard (PID 1111300000). (A. Skinner, Director Planning and Building)]
GENERAL PUBLIC PRESENTATIONS.NO, MADAM MAYOR, I THINK WE'RE ON 8A1, WHICH IS ORDINANCE 20, 2323.
WHAT ARE YOU ONLINE? YEAH, I'M ON. SO IT'S DIFFERENT IN THE PACKAGE THAN WHAT'S ONLINE.
SO WE WILL GO WITH WHAT'S ONLINE, WHICH IS? YOU'RE TELLING ME IT'S A 8A1, WHICH IS ORDINANCE 2023-23.
CORRECT, AND IT'S A REQUEST TO VACATE A PORTION OF DEPOT STREET.
AMY SKINNER WILL BE DOING THE PRESENTATION.
YES. NINE A ON THIS, RIGHT? YES. THE PRINTED PACKAGES ARE DIFFERENT FROM WHAT'S ONLINE.
GOOD EVENING. MY NAME IS AMY SKINNER.
I'M THE DIRECTOR OF THE PLANNING AND BUILDING DEPARTMENT.
THIS ITEM IS ORDINANCE 2023-23, WHICH IS THE ORDINANCE PROPOSING TO VACATE DEPOT STREET NEAR THE INTERSECTION OF US ONE OR PONCE DE LEON BOULEVARD AND WEST KING STREET.
[00:30:01]
AT EXCUSE ME, AT THE JUNE 26TH CITY COMMISSION MEETING AND PASSED ON FIRST READING AT THE JULY 10TH CITY COMMISSION MEETING.DEPOT STREET IS A REMNANT RIGHT OF WAY SURROUNDED BY PROPERTY ASSOCIATED WITH THE FUTURE DEVELOPMENT OF THE BROWDY PROJECT AT WHAT IS NOW KNOWN AS 194 AND 198 WEST KING STREET AND 35 NORTH PONCE DE LEON BOULEVARD.
THIS IS A SECOND READING AND PUBLIC HEARING, AND I'M AVAILABLE IF YOU HAVE ANY QUESTIONS.
OKAY. COMMISSIONERS QUESTIONS OF STAFF.
ON THE. ITEM WILL GO TO PUBLIC HEARING.
THEN I HAVE ONE SPEAKER CARD FROM MS..
KALAIDI. BJ KALAIDI, WEST CITY OF SAINT AUGUSTINE.
THE ORIGINAL ONE THAT WE HAD TO MAYOR WAS A 9A1.
AND THE NEW ONES THAT HAVE BEEN PRINTED UP IN THE BACK IS THIS ITEM IS 8A1.
IT'S THE SAME ORDINANCE 2023 DASH 23 AND I JUST WANT TO MAKE A STATEMENT.
I'M GOING TO GO INTO IT BECAUSE I'VE ALREADY SPOKEN ABOUT THIS BEFORE, BUT PORTION OF DEPOT STREET BETWEEN 194 WEST KING, WHICH IS THE AUTO SHOP THAT'S BEEN SOLD FOR $1 MILLION, AND 198 WEST KING, WHICH ABUTS DEPOT SHOULD NOT BE GIVEN TO A DEVELOPER.
AND I'M GOING TO CONTINUE TO SAY THIS UNTIL THIS COMES TO FRUITION.
IT MIGHT BE A COUPLE OF YEARS. I DON'T KNOW.
UM, TIME WILL TELL IF THE GARAGE IS BUILT FIRST AND THAT SHOULD BE DONE.
THAT IS THE MOST IMPORTANT THING THAT NEEDS TO BE DONE OVER THERE.
THE FIRST THING IS BECAUSE WE NEED THE GARAGE AND THAT'S HOW IT WAS ORIGINALLY DISCUSSED FOR YEARS.
SO LET'S GET THE GARAGE DONE BEFORE ANYTHING ELSE IS PUT IN OVER THERE.
THANK YOU. PUBLIC COMMENT IS OPEN AND THE OTHER SPEAKERS.
HEARING NONE PUBLIC COMMENT IS CLOSED.
COMMISSIONERS, ANY QUESTIONS OF STAFF OR DISCUSSION? COMMENTS. MS..
MS. SKINNER THERE HAVE BEEN NO CHANGES SINCE FIRST READING, RIGHT? THAT'S CORRECT. ALL RIGHT.
HEARING NONE, I WILL ENTERTAIN A MOTION.
I MOVE, WE PASS ORDINANCE 2023-23 ON SECOND READING, READ BY TITLE ONLY AND PASSED.
SECOND ORDINANCE NUMBER 2023-23, AN ORDINANCE OF THE CITY OF SAINT AUGUSTINE, FLORIDA, VACATING, DISCONTINUING AND ABANDONING THAT CERTAIN PORTION OF DEPOT STREET LOCATED WITHIN THE CITY LIMITS OF SAINT AUGUSTINE, AND MORE PARTICULARLY DESCRIBED HEREIN PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES, PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF SAINT AUGUSTINE, PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
MADAM CLERK PLEASE CALL THE ROLL.
[9.A.1. Ordinance 2023-25: Amends Section 2-77 of the City Code regarding competitive bids increasing purchasing thresholds. (I. Lopez, City Attorney)]
ALL RIGHT. MOVING ON TO ITEM 9A1, ORDINANCE, WE HAVE A FIRST READING OF ORDINANCE 2023-25.MADAM CITY ATTORNEY, YOU'RE ON DECK TO EXPLAIN.
THANK YOU, MADAM MAYOR, VICE MAYOR AND COMMISSIONERS.
THE ATTACHED ORDINANCE IS REALLY MY FIRST ATTEMPT AT ENCAPSULATING WHAT YOUR PURCHASING STAFF WAS REQUESTING, WHICH WAS AN AMENDMENT TO OUR EXISTING CAP FOR CERTAIN TYPES OF SOLICITATIONS, WHICH IS SORT OF ODDLY LOW.
SO THEIR QUERY TO ME WAS IF THE COMMISSION WOULD BE WILLING TO REMOVE THE NUMERICAL NUMBER FOUR SOLICITATIONS AND SIMPLY LEAVE IT TO THE PURCHASING MANUAL, WHICH WAS ADOPTED BY THE CITY COMMISSION.
AND AS PART OF THAT ADOPTION A FEW YEARS AGO, YOU DELEGATED TO YOUR CITY MANAGER THE ABILITY TO SHIFT THOSE NUMERICAL THRESHOLDS THAT WOULD SET THE VARIOUS TYPES OF COMPETITIVE BIDDING.
[00:35:03]
UP IN TERMS OF COMPLEXITY AND FORMAL SOLICITATIONS AS THE THRESHOLDS INCREASE, RIGHT? SO THAT'S YOUR CURRENT MODEL IN YOUR PURCHASING MANUAL.SO BEFORE YOU IS ESSENTIALLY THE AMENDMENT TO YOUR CODE, WHICH WOULD SIMPLY LEAVE IT AS A FLOATING ABILITY. AND IN ESSENCE I CAN READ THE LANGUAGE, BUT RIGHT NOW WHAT IT SAYS IS COMPETITIVE, COMPETITIVE, FORMAL BIDS SHOULD BE SOLICITED FOR ANY SINGLE ITEM WHICH EXCEEDS THE PURCHASE COST OF $5,000.
WE ALL KNOW WHAT THE COST OF GOODS AND SERVICES HAVE GONE THROUGH REALLY POST COVID.
THE PROPOSED NEW LANGUAGE IN YOUR BOOK AND ONLINE SHOULD SAY INSTEAD OF THAT, THAT BID SOLICITATION PROCEDURES AND PROCUREMENT THRESHOLDS SHALL BE SET IN THE PROCUREMENT POLICIES AND PROCEDURES HANDBOOK AS MAY BE AMENDED FROM TIME TO TIME.
I'M HAPPY TO SHARE THAT WITH YOU.
WE'RE AT FIRST READING, SO WE'RE STILL WORKING OUT WHAT YOUR WILL IS.
I WOULD LIKE TO HEAR SOME NUMBERS.
SO THIS WAS HIS SUGGESTION INSTEAD OF WHAT'S IN YOUR BOOK.
HIS SUGGESTION WAS TO SAY, A COMPETITIVE SOLICITATION PROCESS SHALL BE IMPLEMENTED IN ACQUIRING GOODS OR SERVICES FOR PUBLIC USE, WHICH EXCEEDS OR EXCEEDS $50,000.
SO THAT WAS HIS SUGGESTION TO YOU, IS THAT THE THRESHOLD BE $50,000 AND THAT THE SPECIFICS THEN BE IN THE HANDBOOK IF THAT'S SOMETHING YOU WANT TO CONSIDER OR SOME OTHER NUMBER OR OTHER CONCEPT.
I THINK GENERALLY SPEAKING, EVERYONE UNDERSTANDS $5,000 IS A REALLY, REALLY LOW THRESHOLD.
WHAT YOU WANT ME TO DO WITH THAT? I'M HAPPY TO HEAR SUGGESTIONS.
HAVING WORKED IN FACILITIES AND KNOWING $5,000 IS NOTHING.
SO I TOTALLY UNDERSTAND THAT REGARD.
$5,000 IS RIDICULOUS AND WE HAD TO DO A LOT OF DANCING TO REPAIR THINGS.
BUT I THINK FROM GOING FROM 5000 TO 50,000 IS KIND OF EXTREME.
I LIKE LIKE 25,000 BECAUSE IT BRINGS A CERTAIN AMOUNT OF KNOWING WHAT'S GOING ON AND ALWAYS MAYBE DIRECTING IT.
IF IT'S LIKE SOMETHING SEVERE, THEN THE CITY MANAGER CAN MAYBE SIGN OFF ON A WAIVER.
WE USED TO DO THIS HERE REQUISITION TO GET SOMETHING PUSHED THROUGH AND HE COULD TAKE THOSE STEPS.
BUT I THINK GOING FROM 5000 TO $50,000 IS RIDICULOUS IN MY MINDSET.
THANK YOU. I WOULD AGREE THAT THAT'S HIGH.
I DON'T KNOW WHAT THE NUMBER IS.
I DON'T KNOW HOW MANY THINGS ARE PURCHASED FOR 20,000 OR 40,000.
YOU KNOW, I KNOW A VEHICLE COSTS A LOT OF MONEY, SO.
ARE WE TALKING? 25? IS THAT 25,000? 25,000 FOR THREE BIDS? WELL, IT IS FIRST READING.
WHAT'S YOUR INCLINATION? I'M GOOD WITH 25,000.
I THINK. I THINK THERE SHOULD BE A NUMBER THAT SEEMS REASONABLE.
OKAY. SO IT LOOKS LIKE 25,000.
WE CAN. IF YOU'LL ADD THAT LANGUAGE.
WHAT? SEND IT TO SECOND READING, IF THAT'S YOUR WILL.
THE SHORT TITLE IS BROAD ENOUGH THAT CHANGING IT TO 25,000 WOULD BE ACCEPTABLE TO PUT IT ON SECOND READING, BUT IF YOU WANT TO COGITATE ON IT SOME MORE, JUST LET ME KNOW.
THIS IS THE BEGINNING OF OUR CONVERSATION.
IT'S UP TO YOU IF YOU THINK YOU'RE READY WITH 25, I CAN PUT IT ON SECOND READING.
UM, I'M COMFORTABLE WITH MOVING IT ON TO PUBLIC HEARING AND SECOND READING.
I'D LIKE TO HEAR WHAT THE PUBLIC HAS TO SAY.
I'LL SECOND IT. ORDINANCE NUMBER 2023-25.
AN ORDINANCE OF THE CITY COMMISSION OF OF SAINT AUGUSTINE, FLORIDA AMENDING CHAPTER TWO.
[00:40:08]
THRESHOLDS, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF SAINT AUGUSTINE AND PROVIDING AN EFFECTIVE DATE.ALL RIGHT, MADAM CLERK, PLEASE CALL THE ROLL.
[9.B.1. Resolution 2023-16: Establishes the estimated rates for fire protection assessments for the fiscal year beginning October 1, 2023 and clarifies hearing dates. (M. Breidenstein, Assistant City Manager)]
2023-16 MS. BREIDENSTEIN. GOOD EVENING.MEREDITH BREIDENSTEIN, ASSISTANT CITY MANAGER.
I'M HERE WITH YOU TONIGHT TO PRESENT RESOLUTION 2023-16.
AGAIN, IT RESTATES THE DATES OF THE PUBLIC.
THE DATE OF THE PUBLIC HEARING FOR THE FIRE ASSESSMENT FEE RESOLUTION.
THE RATES HERE ARE STILL BEING PROPOSED AT 7.7.06 CENTS PER SQUARE FOOT FOR RESIDENTIAL AND 13.91 CENTS PER SQUARE FOOT FOR NON RESIDENTIAL UNITS.
THE DIFFERENCE IN THIS RESOLUTION IS THE PUBLIC HEARING IS SET FOR SEPTEMBER 11TH, 2023 AT 5 P.M.
DURING THE REGULAR COMMISSION MEETING.
QUESTIONS CONCERNING THIS ISN'T THE FIRST TIME WE'VE HEARD THIS.
WE UNDERSTAND IT IS A RESOLUTION.
ANY DISCUSSION? WE'LL ENTERTAIN A MOTION.
I MOVE TO PASS A RESOLUTION 2023-16.
I'LL SECOND. ALL THOSE ACTUALLY NEED TO READ THE RESOLUTIONS, BUT CARRY ON.
WE CAN HAVE THE VOTE. WE DON'T HAVE A TITLE ON THE RESOLUTION, SO WHY SO? OKAY, SO WE HAVE A MOTION AND A SECOND.
MAYOR SECONDED? CORRECT? YES, THAT WAS THE QUESTION.
ALL RIGHT. SO ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE? AYE. AYE.
ALL RIGHT. MOVING ON TO 9B2, RESOLUTION 2023-23.
[9.B.2. Resolution 2023-23: Requests a reduction of permit application fees from the St. Johns River Water Management District and the Florida Department of Environmental Protection. (S. Slaughter, Director Utilities)]
WE HAD AN ORDINANCE AND A RESOLUTION WITH THAT SAME EXACT NUMBER.MR. SLAUGHTER, YOU'RE HERE TO EXPLAIN THE RESOLUTION, SIR.
WELCOME BACK. GOOD EVENING, COMMISSION.
PLEASURE TO BE BACK. I'M HERE TONIGHT TO DISCUSS RESOLUTION 2023-23.
THE CITY SATISFIES THE REQUIREMENTS OF THIS REDUCTION.
WE HAVE A POPULATION OF 25,000 OR LESS AND THE PERCENTAGE OF THE ASSET OF THE ASSESSED PROPERTY VALUE THAT IS EXEMPT FROM THE AD VALOREM TAXATION IS HIGHER THAN THE STATEWIDE AVERAGE.
OH, GOOD. A GOOD COST SAVING MEASURE.
QUESTIONS OF STAFF RESOLUTION.
MAKE THE MOTION TO APPROVE RESOLUTION 2023-23.
ANY COMMENTS? DISCUSSION? FURTHER DISCUSSION.
ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.
ON TO STAFF REPORTS AND PRESENTATION ITEM 10A.
[10.A. Petition for Voluntary Annexation and Pre-Annexation Agreement for Parcels of Land including the St. Joseph Academy Catholic High School at 155 State Road 207. (A. Skinner, Director Planning and Building)]
MISS SKINNER, YOU ARE HERE TO EXPLAIN YOUR PETITION.THIS IS A PRESENTATION TO DISCUSS A PETITION TO ANNEX AN ANNEXATION AGREEMENT FOR APPROXIMATELY 39.8 ACRES OF PROPERTY, INCLUDING THE CAMPUS OF THE SAINT JOSEPH ACADEMY CATHOLIC HIGH SCHOOL.
THE PROPERTY IS CONTIGUOUS TO THE CITY LIMITS ON ITS EAST AND SOUTHEAST SIDES.
THE SCHOOL WAS HISTORICALLY WITHIN THE CITY LIMITS UNTIL IT MOVED TO THIS PROPERTY.
THE CURRENT SAINT JOHNS COUNTY FUTURE LAND USE DESIGNATION FOR ALL OF THE PROPERTY IS RESIDENTIAL D AND THE COUNTY ZONING IS RESIDENTIAL SINGLE FAMILY THREE R'S TWO EXCUSE ME RS THREE AND OPEN RURAL.
THE APPROVAL PROCESS WOULD REQUIRE REVIEW AND RECOMMENDATIONS FROM THE CITY PLANNING AND ZONING BOARD REGARDING CHANGING THE COUNTY LAND USE DESIGNATION IN THE CITY TO THE CITY DESIGNATION AND THE COUNTY ZONING DISTRICTS TO CITY ZONING DISTRICTS.
COMMENTS. IS THE PETITION FOR ANNEXATION.
[00:45:07]
I THINK IT WOULD BE WORTH ASKING THE APPLICANT TO ANSWER THE QUESTION THAT WAS POSED BY MISS KALAIDI EARLIER ABOUT WHAT THE WHY THEY'RE APPLYING FOR THE ANNEXATION.THAT THE PETITIONER IS IN THE ROOM, THE ATTORNEY FOR THE PETITIONER.
DOES HE WOULD HE BE SO KIND AS TO INDULGE US? ON THE QUESTION, I BELIEVE IN SPEAKING TO HIM EARLIER.
HE INDICATED THAT THE SCHOOL DOES HAVE A HISTORY OF BEING WITHIN THE CITY BOUNDARIES AND ALSO THAT THIS WOULD HELP FORMALIZE AN AGREEMENT WITH THE SCHOOL FOR OUR POLICE SERVICES.
ALL RIGHT, YES, SIR. WOULD YOU LIKE TO STEP TO THE PODIUM? WE'D LOVE TO HEAR FROM YOU.
WELCOME. THANK YOU VERY MUCH FOR HAVING ME HERE.
SO I THINK ULTIMATELY OUR GOAL IS TWOFOLD.
NUMBER ONE, WE WANT TO MAKE SURE THAT WE'RE PROTECTING ALL THE STUDENTS AND STAFF ON OUR CAMPUS.
WHAT ENABLED US TO HAVE A RESOURCE OFFICER ON OUR CAMPUS EVERY SINGLE DAY? WE'VE BEEN WORKING WITH SAINT JOHNS COUNTY TO TRY TO GET A RESOURCE OFFICER, BUT UNFORTUNATELY THEY ARE UNABLE TO PROVIDE US ONE.
SIR. THANKS. GIVE US YOUR NAME FOR THE RECORD.
YES, OF COURSE. TODD DICLEMENTE.
I'M THE PRINCIPAL AT SAINT JOSEPH ACADEMY.
WE'RE SO HAPPY TO SEE YOU HERE.
SO THANK YOU FOR THE EXPLANATION.
AND WHAT IS IS THERE AN ACTION REQUIRED TONIGHT? YES, MADAM MAYOR, THE ACCEPTING THE PRE ANNEXATION AGREEMENT AND PETITION FOR VOLUNTARY ANNEXATION WOULD ALLOW US TO MOVE FORWARD TO THE PLANNING AND ZONING BOARD FOR THEIR RECOMMENDATIONS TO AMEND THE LAND USE AND ZONING.
BUT THAT WOULD ALSO ALLOW THEM TO GET THE OFFICER THERE.
YES. WE WILL ALSO WORK ON A CONTRACT TO PROVIDE A SECURITY OFFICER THERE.
GREAT POLICE OFFICER WHILE WE'RE WORKING THROUGH THIS.
I WOULD MOVE TO ACCEPT THE PRE ANNEXATION AGREEMENT.
ALL RIGHT. DO I HEAR A MOTION? A SECOND. I'M SORRY.
NOT THAT LONG OF A DAY, IS IT? OKAY. THANK YOU.
MADAM CLERK, PLEASE CALL THE ROLL.
WE'LL LOOK FORWARD TO WORKING WITH YOU.
APPRECIATE IT.. AS WE GO THROUGH THE PROCESS.
WE DO APPRECIATE YOU STEPPING UP LIKE THAT ON THE FLY.
SORRY. I LOST MY AGENDA AGAIN.
IT'S IN HERE. CITY ATTORNEY IT'S JUST ME.
[11. ITEMS BY CITY ATTORNEY]
ATTORNEY IT'S YOU. AND YOU HAVE NINE.AND FOR US. SO LAST WEEK, ON WEDNESDAY, MID AFTERNOON, LATE AFTERNOON, WE RECEIVED THE ORDER FROM THE CIRCUIT COURT JUDGE ON THE SCHAEFER VERSUS CITY OF SAINT AUGUSTINE MATTER.
YOU'LL RECALL THAT THE CASE STARTED WITH A SITUATION WHERE THE SCHAFFERS, WHO OWNED TWO LOTS ON HILDRETH, BUILT A WALL WITHOUT GOING THROUGH THE PERMITTING PROCESS.
AND AS PART OF THEIR DESIRE TO CONFORM, THEY CAME BACK TO THE PLANNING AND ZONING BOARD FOR AN APPLICATION AND AFTER THE FACT PERMIT FOR CONSERVATION OVERLAY ZONE DEVELOPMENT.
SO WE HAD THE HEARING AT THE PLANNING AND ZONING BOARD FOR THAT PERMIT THE APPLICANTS PRESENTED ENGINEERING EVIDENCE.
EVIDENCE FROM AN ARCHITECT AND FROM AN ENVIRONMENTAL SCIENTIST IN SUPPORT OF THEIR APPLICATION.
THERE WERE A NUMBER OF NEIGHBORS THAT ALSO SPOKE IN OPPOSITION TO THE APPLICATION.
[00:50:10]
BOARD. THE PROCESS AFTER THAT IS THAT THE MATTER GOES TO CIRCUIT COURT.IF THE APPLICANT WANTS TO FURTHER APPEAL, AND THAT'S WHAT THEY DID.
THEY FILED THEIR APPELLATE BRIEFS.
THEY'RE CALLED PETITIONS FOR WRIT OF CERTIORARI IN THOSE PROCEEDINGS, AND WE RESPONDED.
THE JUDGE LOOKS AT A THREE PART TEST, ESSENTIALLY, AND IT'S ONE YOU'RE FAMILIAR WITH THE FIRST PART OF THE TEST IS WHETHER WE AFFORDED THE APPLICANT DUE PROCESS.
THE SECOND PART OF THE TEST IS WHETHER WE APPLIED THE CORRECT LAW.
SO IT'S A TEST YOU'RE VERY, VERY FAMILIAR WITH.
WE HAD AN EXTENSIVE SET OF HEARINGS.
THERE WERE NO REAL SUBSTANTIVE PROBLEMS IN TERMS OF THE LAW WE APPLIED.
I DON'T KNOW THAT THERE WAS REALLY A DISPUTE THERE.
THE ISSUE WAS THAT THE CIRCUIT COURT JUDGE FELT WE DID NOT MEET COMPETENT, SUBSTANTIAL EVIDENCE IN THE RECORD TO DENY THE THE APPLICATION.
SO THAT WAS PART OF THE WEIGHING OF THAT EVIDENCE.
ON THE ONE HAND, THEY WERE EXPERT WITNESSES FOR THE SCHAFFERS.
ON THE OTHER HAND, THERE WAS CITIZEN TESTIMONY ON THE GENERALIZED FLOODING IN THE AREA.
SO THAT'S THAT'S WHERE WE WERE AS OF WEDNESDAY, LATE AFTERNOON.
I SHARED THAT CASE INDIVIDUALLY WITH YOU.
AND SO MY CHALLENGE NOW IS I HAVE A 30 DAY CLOCK TO FURTHER APPEAL.
IF THE CITY COMMISSION WANTS ME TO TAKE A FURTHER APPEAL TO THE APPELLATE LEVEL.
SO THIS WAS AN ORDER FROM A CIRCUIT COURT JUDGE.
THE NEXT LEVEL UP IS THE DISTRICT COURT OF APPEAL.
AND IF YOU WISH FOR ME TO DO THAT, MY CLOCK STARTED TICKING LAST WEDNESDAY.
WE COULD HANDLE THIS ONE OF TWO WAYS.
I COULD DO THAT AND TRY AND GET THAT SCHEDULED PROMPTLY BECAUSE AGAIN, MY CLOCK KEEPS TICKING IN ORDER TO FILE A COMPLETE APPELLATE PACKET OR IF THE COMMISSION IS IS COMFORTABLE MAKING A DECISION TONIGHT, YOU CERTAINLY CAN TELL ME WHAT YOU WANT ME TO DO.
I WOULD LET YOU KNOW AND LET MEMBERS OF THE PUBLIC KNOW THAT WHEN YOU GO FROM CIRCUIT COURT TO THE APPELLATE COURT, THE FUNNEL NARROWS. SO THE APPELLATE JUDGES WOULD NOT BE REVIEWING JUDGE MALTZ'S DECISION ON WHETHER WE HAD COMPETENT, SUBSTANTIAL EVIDENCE. THAT'S OVER.
THEY WILL NOT RELOOK AT THE EVIDENCE AND MAKE A DIFFERENT DETERMINATION.
ALL THE APPELLATE COURT WOULD DO IS REVIEW WHETHER THE JUDGE'S ORDER.
ARE COMPLIED WITH, DUE PROCESS AND APPLIED THE CORRECT LAW.
SO IN LIGHT OF THAT, IF YOU'LL TELL ME IF YOU'D RATHER I SCHEDULE A SHADE MEETING PROMPTLY TO GET DIRECTION FROM YOU, OR IF YOU'RE READY TO GIVE ME DIRECTION TONIGHT, I WOULD APPRECIATE THAT.
WE DO HAVE ONE MORE MEETING, UM, AUGUST 28TH, BUT THAT'S CUTTING IT AWFULLY SHORT.
THAT WOULD GIVE ME ABOUT A WEEK TO DRAFT AN ENTIRE APPEAL.
SO I'LL DO WHAT YOU TELL ME, BUT I WOULD REALLY APPRECIATE MORE TIME RATHER THAN LESS TIME.
SO WOULD YOU LIKE ME TO, TO SCHEDULE A SHADE MEETING TO GO OVER ALL OF THIS, OR ARE YOU READY TO GIVE ME DIRECTION? LET ME MAKE A SUGGESTION.
LET'S NO MATTER WHAT WE DECIDE TONIGHT ON THE FURTHERING AN APPEAL UP TO THE APPELLATE COURT.
LET'S GO AHEAD AND SET A SHADE MEETING JUST AS AN AGREEMENT, BECAUSE WE DO HAVE ITEMS TO DISCUSS ABOUT STRATEGIES ON THIS MOVING FORWARD.
AM I CORRECT IN THAT? WELL, FOR THIS, IT'S REALLY THIS PIECE OF LITIGATION.
BUT YES, WE THERE ARE OTHER ITEMS. I'M NOT SURE WHAT EVERYONE'S CALENDAR LOOKS LIKE.
AND I THINK WHAT THE MAYOR IS HINTING AT IS THE ORDER DOES NOT GIVE THE SCHAFFERS THE PERMIT.
[00:55:03]
I WILL REMAND THIS MATTER BACK TO YOU FOR YOU TO DECIDE WHAT DECIDE FROM HERE.CORRECT. THAT'S NOT THE TIME SENSITIVE ISSUE.
MY TIME SENSITIVE ISSUE IS I NEED TO DECIDE, AM I DRAFTING A BRIEF OR NOT? I'M SUGGESTING THAT THAT PORTION OF THE DISCUSSION BE AT A SHADE MEETING.
I THINK I COULD STILL DO THAT WITHOUT FURTHERING AN APPEAL.
NOW, THE OTHER PART OF THE DISCUSSION, WHICH IS THE MOST IMPORTANT TIME SENSITIVE MATTER, IS SHOULD WE JUST SHOULD DO WE DESIRE TO MOVE THIS TO AN APPELLATE COURT? I SEE VERY LITTLE TO NO CHANCE OF PREVAILING INTO THE APPELLATE COURT BASED ON WHAT YOU JUST EXPLAINED TO US, WHICH IS THE TWO ITEMS THAT ARE LEFT AFTER YOU TEASE OUT THE SUBSTANTIAL AND COMPETENT EVIDENCE, CORRECT? CORRECT.
THE APPELLATE COURT WILL NOT REVISIT OUR THE QUALITY OF OUR EVIDENCE.
WOULD WE MOVE TO MAKE THE DECISION.
WE WILL NOT APPEAL, BUT YET GET INTO A SHADE MEANING TO TALK ABOUT STRATEGIES.
MEANING WHAT WE WILL DO ON REMAND? YES, ON REMAND.
HOW'S THAT SOUND? YEAH, I'M COMFORTABLE WITH THAT.
OKAY. AND I MEAN, IT DOES SPEAK TO THIS WHOLE POSITION WE'RE IN RIGHT NOW, WHICH IS UNFORTUNATE.
AND BUT THE POSITION WE'RE IN RIGHT NOW IS, I THINK THE MAIN REASON THAT YOU AND I INDIVIDUALLY, MADAM MAYOR, WERE ADVOCATING FOR BUDGET ASSISTANCE WITH BEING ABLE TO HIRE CONSULTANTS, AN ITEM WHERE WE HAVE AVAILABLE IN THE FUTURE FUNDS TO RETAIN PROFESSIONAL CONSULTING SERVICES WHEN NEEDED.
OKAY. SO YOU DON'T NEED A MOTION ON THAT.
DO I HAVE CONSENSUS AND CAN THE RECORD REFLECT? I KNOW COMMISSIONER GARRIS, YOU DID NOT LET ME KNOW ONE WAY OR ANOTHER DURING THIS MEETING.
ARE YOU COMFORTABLE WITH US NOT GOING FORWARD WITH THE APPEAL? I THINK THE APPEAL WOULD BE A WASTE OF TIME AND RESOURCES GOING FORWARD WITH THE APPEAL.
I THINK THAT I GUESS IT'S KIND OF UNFINISHED.
SO PERHAPS THE SHADE MEETING IS GOOD.
BASICALLY, THE GUYS IS NOT GOING TO TAKE DOWN THE WALL REGARDLESS OF WHAT WE DECIDE TO DO.
IT'S UP AND WE DON'T LEGALLY HAVE A THING TO PUSH HIM TO DO SO.
SO WE CAN HAVE THE SHADE MEETING TO DISCUSS THINGS LIKE THIS THAT DON'T HAPPEN AGAIN.
WELL, THE SHADE MEETING WOULD BE VERY SPECIFIC TO THIS REMAND BACK.
SO DO I HAVE CONSENSUS FROM THE FOUR BOARD MEMBERS? IF THE CLERK CAN MAKE SURE THAT THAT IS REFLECTED IN THE MINUTES.
SO ANY OTHER ITEMS FROM THE CITY ATTORNEY? NO. OKAY.
CITY CLERK. NO, YOU HAVE NOTHING.
[13. ITEMS BY CITY MANAGER]
I JUST WANTED TO MAKE AN ANNOUNCEMENT FOR THE BENEFIT OF THE COMMUNITY THAT LATE ON FRIDAY AFTERNOON, THE CITY CLOSED ON OUR LAND EXCHANGE BETWEEN OUR PREVIOUS PROPERTY ON PLANTATION ISLAND DRIVE AND 90 AND 92 SOUTH DIXIE.THANK YOU. THAT IS WONDERFUL NEWS.
WE LOOK FORWARD TO HEARING THE NEXT STEPS.
THE LAST ITEM IS MAYOR AND COMMISSIONERS, AND WE CAN GO AROUND THE TABLE.
[14.A. Approval of letter of support for placing a conceptual paved, multi-use trail on the Florida Greenways and Trails Priority Map. (N. Sikes-Kline, Mayor)]
WE DO HAVE AN AGENDA ITEM, AND I'LL GO AHEAD AND TAKE THAT, BUT THEN I DON'T HAVE ANY OTHER COMMENTS THAN THIS, BUT I WOULD LIKE YOUR CONSENT TO WRITE A LETTER OF SUPPORT TO AGREE TO AN AMENDMENT TO THE STATE PRIORITY TRAIL MAPS.IT'S JUST A NOD. YES, ABSOLUTELY.
ALL RIGHT. MADAM CLERK, WILL YOU PLEASE PREPARE THE LETTER AND WE WILL GET THAT IN ON TIME.
I KNOW THEY HAD A REAL SHORT TIMELINE ON THIS, SO IT'LL BE TO THEM TOMORROW.
ALL RIGHT. WE'LL START WITH VICE MAYOR.
[01:00:05]
SO THANK YOU.COMMISSIONER GARRIS. I HAVE A COUPLE OF THINGS AND I'LL KEEP IT BRIEF.
AND I'M GOING TO I WENT AND PINNED THE PASTOR ELLA DELI AND THANKED HER STAFF FOR COMING DOWN AND BRINGING IT TO OUR ATTENTION BECAUSE WE DEFINITELY NEED TO BE PROACTIVE IN WHAT WE DO IN OUR COMMUNITY.
AND I'M TELLING YOU, THOSE THOSE CARS WERE FLYING THROUGH THERE.
UM, RUBEN MADE NUMEROUS CALLS AND EMAILS AND THEY DID NOT GO ANYWHERE.
JOHN WHEN HE WAS HERE, HE MADE CALLS AND THEY DID NOT GO ANYWHERE.
BUT YOUR GIRL HERE WAS VERY NOISY WITH THE COUNTY COMMISSIONERS AND WE MADE THINGS HAPPEN.
AND I DID TAKE A MEETING WITH CHRISTIAN FIRST.
BUT IT JUST KIND OF IT DIDN'T GO ANYWHERE.
SO THE SQUEAKY WHEEL GETS THE GREASE.
AND I'M VERY THANKFUL FOR THAT.
I'M THANKFUL FOR DAVIS EFFORTS AND ACQUIRING THAT LAND OVER THERE, BECAUSE IT'S GOING TO PUT A CHANGE THAT WE CAN START LOOKING TO ADDRESS THE HOMELESS POPULATION.
IT'S ONE THING TO IDENTIFY THE HOMELESS, IT'S ANOTHER THING TO ASSIST THEM AND HELP THEM.
SO I'M LOOKING FORWARD TO US MOVING FORWARD WITH THAT.
I'M ALSO GRATEFUL TO MY FELLOW COMMISSIONERS AND THE MAYOR AND VICE FOR STANDING BEHIND ME FOR IMPROVING THE QUALITY OF THE WEST SIDE SO THAT THE WEST SIDE HAS REVENUE TO FIX UP THEIR HOUSES AND BE ABLE TO LIVE MORE COMFORTABLY KNOWING THAT DEVELOPMENT IS COMING, KNOWING THAT THEY WILL HAVE A RESOURCE TO HELP THEM IN THEIR HOMES.
I APPRECIATE PEOPLE LIKE MISS HATTIE HARMS THAT HAS SENDS US EMAILS AND KEEPS US ON A TIGHT SHIP.
ALL RIGHT. I HAVE A COUPLE OF THINGS.
I'M GOING TO START WITH YOUR REMINDER ABOUT GETTING EVERYTHING ONTO THE BUDGET THAT WE WANT.
SO ADDITIONAL COMPOSTING BINS AND TREE PLANTING.
I WOULD LIKE TO SEE THAT AT OUR AUGUST 24TH MEETING.
OKAY. AND THEN I YOU KNOW, IN THE SPIRIT OF BEING GRATEFUL, I HAVE HAD A VERY FULL SUMMER AND I WANTED TO JUST EXPRESS HOW TRANSFORMATIVE PARTICIPATING IN THE BUILDING BELOVED COMMUNITY'S TRAINING, THE VISIONS AND PACE TRAINING, TRAINING THAT COMMISSIONER HORVATH AND I BOTH PARTICIPATED IN.
AND THEN ON THE HEELS OF THAT, I WAS ABSENT AT OUR LAST REGULARLY SCHEDULED MEETING IN JULY BECAUSE I WAS IN RWANDA GOING TO THE AFRICAN CONTINENT FOR THE FIRST TIME IN MY LIFE TO GO TO THE INTERNATIONAL CONGRESS FOR CONSERVATION BIOLOGY.
AND IT WAS THE PERSPECTIVE THAT I GAINED FROM BEING IN A COUNTRY THAT WAS SO VERY DIFFERENT.
BUT WHAT THAT AND WHAT THAT HELPS ME BETTER UNDERSTAND TOO, IS HOW SPECIAL WHAT WE HAVE HERE IS.
AND I AM GRATEFUL FOR THAT AND FOR OUR COMMUNITY.
WE HAVE A LOT OF CHALLENGES, BUT WE'RE VERY FORTUNATE THAT WE ARE UP TO THOSE CHALLENGES AND I LOOK FORWARD TO CONTINUING TO WORK WITH YOU ALL TO MEET THOSE CHALLENGES AND CAPITALIZE ON OUR OPPORTUNITIES LIKE LAND ACQUISITION FOR CONSERVATION AND ALL THE OTHER WONDERFUL THINGS WE'VE JUST TALKED ABOUT THIS EVENING.
WELL, WITH THAT, ON THAT POSITIVE NOTE, THIS MEETING IS ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.