[00:00:01] >> GOOD EVENING, EVERYONE. [1. CALL TO ORDER] MADAM CLERK, WILL YOU PLEASE CALL THE ROLL. >> NANCY SIKES-KLINE. >> HERE. >> BARBARA BLONDER. >> HERE. >> CYNTHIA GARRIS. >> HERE. >> JIM SPRINGFIELD. >> HERE. > JOHN DE PRATER. >> HERE. >> WONDERFUL. HAPPY NEW YEAR, EVERYONE. WELCOME BACK TO WORK. WE WILL NOW OBSERVE A MOMENT OF SILENCE FOLLOWED BY THE PLEDGE OF ALLEGIANCE LED BY VICE MAYOR BARBARA BLONDER. >> THANK YOU VERY MUCH. PLEASE STAND IF YOU ARE ABLE. OF ALLEGIANCE]. [2. ADMINISTRATIVE ITEMS] >> FIRST ITEM ON THE AGENDA IS MODIFICATION AND APPROVAL OF THE REGULAR AGENDA. COMMISSIONERS, ANY MODIFICATIONS TO THE REGULAR AGENDA? NONE, MR. CITY MANAGER. >> MADAM MAYOR, WE'D LIKE YOU TO FORMALLY PRESENT AN AWARD TO ONE OF OUR SENIOR STAFF MEMBERS, JESSICA BEACH. SHE WAS PRESENTED AN AWARD AT THE REGIONAL PLANNING COUNCIL LAST WEEK, BUT SHE WAS UNABLE TO ATTEND BECAUSE SHE HAD A CITY BUSINESS TO ATTEND TO. SHE'S HERE TONIGHT JUST TO RECEIVE THAT AWARD, IF YOU'D BE SO KIND. >> THAT WOULD BE WONDERFUL. WE CAN ADD THAT IN AS ITEM 3B, UNDER SPECIAL PRESENTATIONS AND RECOGNITIONS. I MOVE THAT WE ACCEPT THE REGULAR AGENDA AS MODIFIED. >> SECOND. >> ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. >> AYE. >> AYE. >> THANK YOU VERY MUCH. WE'LL GO STRAIGHT INTO IT. [3. SPECIAL PRESENTATIONS, RECOGNITIONS AND PROCLAMATIONS] WE DO HAVE ONE PROCLAMATION TONIGHT. THAT IS VICE MAYOR BARBARA BLONDER. IT IS A HUMAN TRAFFICKING AWARENESS MONTH. HOW WOULD YOU LIKE TO PROCEED? >> WHAT I'M THINKING IS THAT I'LL GO AHEAD AND READ IT FROM HERE, AND THEN COMMISSIONERS CAN JOIN ME UP FRONT. IS THERE ANYONE HERE TO ACCEPT THAT PROCLAMATION TONIGHT? IF YOU ARE, COULD YOU PLEASE RAISE YOUR HAND? I THINK WE DON'T HAVE ANYONE. WE'LL JUST READ IT FROM HERE. >> YOUR PREFERENCE. >> GREAT. WHEREAS, HUMAN TRAFFICKING IS THE RECRUITMENT, HARBORING, TRANSPORTATION, PROVISION OR OBTAINING OF A PERSON FOR LABOR OR SERVICES THROUGH THE USE OF FORCE, FRAUD, OR COERCION FOR THE PURPOSE OF FORCED LABOR OR SEXUAL SERVITUDE? WHEREAS VICTIMS OF HUMAN TRAFFICKING ARE LURED BY FALSE PROMISES OF EMPLOYMENT, EDUCATIONAL OPPORTUNITIES, FALSE ECONOMIC OR CAREER OPPORTUNITIES, OR EVEN LOVING ROMANTIC RELATIONSHIPS. THE VICTIMS CAN BE OF ANY AGE, RACE, GENDER, SEXUAL ORIENTATION, ETHNICITY, SOCIOECONOMIC BACKGROUND, US CITIZENS, PERMANENT RESIDENTS, AND FOREIGN NATIONALS. WHEREAS HUMAN TRAFFICKING IS A $150 BILLION A YEAR GLOBAL CRIMINAL ENTERPRISE IS A CRIME, AS WELL AS A CIVIL AND HUMAN RIGHTS VIOLATION, AND THE UNITED STATES GOVERNMENT ESTIMATES THAT 600000-800000 INDIVIDUALS ARE TRAFFICKED ACROSS INTERNATIONAL BORDERS EACH YEAR. WHEREAS IN 2024, FLORIDA HAD THE THIRD HIGHEST NUMBER OF HUMAN TRAFFICKING CASES IN THE UNITED STATES AND HAD APPROXIMATELY 1,830 CASES REPORTED AND 1,874 IDENTIFIED AS VICTIMS. WHEREAS AGGRESSIVELY IDENTIFYING AND PROSECUTING THE BUYERS AND SELLERS OF TRAFFICKING VICTIMS IS AN EFFECTIVE STRATEGY TO END THE COMMISSION OF HUMAN TRAFFICKING. WHEREAS ASSISTING VICTIMS OF HUMAN TRAFFICKING REQUIRES A COORDINATED COMMUNITY RESPONSE AMONG COMMUNITY GROUP, [00:05:01] SOCIAL SERVICES, SCHOOLS AND LAW ENFORCEMENT AND MORE AWARENESS AND EDUCATION IS CRUCIAL TO ERADICATING HUMAN TRAFFICKING IN OUR COMMUNITIES, STATE AND NATION. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF ST. AUGUSTINE DOES HEREBY DECLARE JANUARY 2026 AS HUMAN TRAFFICKING AWARENESS MONTH, AND URGES ALL CITIZENS TO RECOGNIZE OUR VITAL ROLES IN ENDING ALL FORMS OF MODERN SLAVERY AND TO OBSERVE THIS MONTH WITH APPROPRIATE PROGRAMS AND ACTIVITIES AIMED AT ENDING AND PREVENTING ALL FORMS OF HUMAN TRAFFICKING. THIS IS SIGNED BY THE MAYOR. I WOULD JUST SAY THAT THE. SURE. GO AHEAD. >> PERHAPS WE CAN ASK OFFICER ON DUTY,. >> PERHAPS WE COULD ASK THE OFFICER ON DUTY TO ACCEPT THE PROCLAMATION. SURE SO THAT WE COULD GET A PICTURE. I THINK THAT WOULD BE GREAT. AMERICAN ASSOCIATION OF UNIVERSITY WOMEN IS A CO-SPONSOR ALONG WITH THE BETTY GRIFFIN HOUSE. >> SERGEANT MARSTON, WOULD YOU PLEASE JOIN US IN THE FRONT AND WE'LL GET A PHOTOGRAPH. >> [BACKGROUND] MISS JESSICA, CAN YOU COME FORWARD? WE HAVE SOMETHING FOR YOU, MADAM. THE NORTHEAST FLORIDA REGIONAL COUNCIL PRESENTED THEIR AWARDS FOR THE YEAR IN JACKSONVILLE LAST WEEK, AND JESSICA WAS NOT ABLE TO ATTEND AND ACCEPT HER AWARDS. WE'RE GIVING HER THE AWARD TONIGHT. IT IS A SPECIAL RECOGNITION AWARD FOR THE RESILIENT FIRST COAST COLLABORATION. WITH ANNE [INAUDIBLE]. WHO WAS ACTUALLY THERE TO ACCEPT AND I DID ACCEPT ON YOUR BEHALF. THIS IS THE AWARD. IF YOU WILL TELL US A LITTLE BIT ABOUT IT, I'D LOVE TO HAND IT OVER TO YOU. ALSO, THIS IS THE WONDERFUL FOOD THAT YOU MISSED AND THE OTHER AWARD. >> I'LL GIVE YOU THAT. >> THANK YOU. >> HOLD. WE'LL TAKE A PICTURE AND YOU CAN SPEAK. I WILL HOLD IT NOW. THANK YOU. >> I REALLY APPRECIATE YOU ALL ACCEPTING THE WARD. I REALLY LOOK AT IT AS THE CITY OF ST. AUGUSTINE'S LEADERSHIP IN THE REGION. WE'VE BEEN PART OF THE REGIONAL COLLABORATIVE. ACTUALLY ROXANNE HORBATH HAD STARTED A COUPLE OF YEARS AGO, SO WE'VE BEEN WORKING VERY CLOSELY WITH THE NORTHEAST FLORIDA REGIONAL COUNCIL AND CREATING A REGIONAL FIRST COS COLLABORATIVE. IT'S A NUMBER OF MUNICIPALITIES, LOCAL GOVERNMENTS, UNIVERSITIES, NON-PROFITS, BUSINESSES HAVE JOINED TO BASICALLY HELP MAKE OUR REGION MORE RESILIENT. THIS IS BASICALLY A CULMINATION OF ALL THE EFFORT THAT WE PUT IN THE PAST FEW YEARS. WE LAUNCHED A REGIONAL RESILIENCE ACTION PLAN A FEW MONTHS AGO, AND WE WERE VERY PROUD OF THAT. THERE'S A LOT OF WORK THAT WENT INTO IT BY THE COLLABORATIVE AS A WHOLE. THIS IS VERY EXCITING, AND I APPRECIATE YOU ALL BEING ABLE TO ACCEPT IT ON BEHALF OF EVEN THOUGH IT'S MY NAME ON IT, I REALLY LOOK AT AS THE CITY OF ST. AUGUSTINE, BECAUSE WE'RE BASICALLY RIGHT NEXT TO EVERYONE ELSE AND COLLABORATING IN OUR PARTNERSHIP. THANK YOU SO MUCH. [APPLAUSE] >> WE GOT THE PICTURE. THANK YOU SO MUCH. WE JUST WANT TO SAY THAT WE RECOGNIZE YOU AS A SHINING STAR, AND WE APPRECIATE THE WORK. ONE OF THE TOP CONCERNS OF THE CITY, RESILIENCY IS. THANK YOU. [00:10:07] THIS NEXT PART OF THE MEETING IS [4. PUBLIC COMMENTS FOR GENERAL PUBLIC COMMENTS OR FOR AGENDA ITEMS NOT REQUIRING A SEPARATE PUBLIC HEARING] OUR PUBLIC COMMENTS FOR GENERAL FOR ITEMS NOT REQUIRING A SEPARATE PUBLIC HEARING. IF YOU'RE HERE FOR THE APPEAL, THAT YOU WILL NOT SPEAK NOW. WE WILL HAVE A OPPORTUNITY TO SPEAK WHEN THE APPEAL IS HEARD. THESE ARE GENERAL. GREAT. >> THEN, I'M GOING TO READ SOME NOTES HERE CONCERNING PUBLIC COMMENT PERIOD. AT THIS TIME, WE WILL HAVE PUBLIC COMMENT ON MATTERS THAT ARE NOT SCHEDULED FOR A PUBLIC HEARING. ANY PERSON WISHING TO ADDRESS THE COMMISSION SHOULD FILL OUT A SPEAKER CARD, AND I WILL CALL YOU TO THE PODIUM WHEN IT IS YOUR TURN TO SPEAK. YOU WILL HAVE 3 MINUTES TO SPEAK AND SHALL COMPLY WITH THE CITY'S RULES OF DECORUM. COMMENTS SHOULD BE ADDRESSED TO THE COMMISSION AS A WHOLE AND NOT INDIVIDUAL COMMISSIONERS. COMMISSIONERS WILL NOT ANSWER QUESTIONS FROM SPEAKERS. NO PERSON MAY ADDRESS THE COMMISSION WITH PERSONAL IMPROPER OR SLANDEROUS REMARKS OR WITH BOISTEROUS BEHAVIOR. MEMBERS OF THE AUDIENCE WILL REFRAIN FROM ANY CLAPPING OR DISRUPTIVE DEMONSTRATIONS OF APPROVAL OR DISAPPROVAL OF ANY COMMENTS. FINALLY, I WOULD ASK THAT ANY SPEAKER WHO USES THE OVERHEAD PROJECTOR TO PLEASE SUBMIT THOSE ITEMS TO THE CITY CLERK TO BE ENTERED INTO THE PUBLIC RECORD. THANK YOU. WHAT I'LL DO IS I'LL CALL TWO NAMES AT A TIME. WE HAVE SOME EMPTY CHAIRS UP FRONT, SO WHOEVER YOU ARE SECOND IN LINE, WE WOULD ASK YOU COME UP AND BE ON DECK BECAUSE WE HAVE QUITE A FEW CARS, AND WE'D LIKE TO GET THROUGH THEM AS QUICKLY AS WE CAN. THE FIRST SPEAKER IS JENNIFER CUSHIN FOLLOWED BY DAVID NOLAN. >> JENNIFER CUSHIN, 40 201 NEW HAMPSHIRE ROAD, ELKTON, FLORIDA. I WANTED TO COME UP, AND THERE'S A LOT GOING ON, A LOT OF RUMORS SPREADING AROUND. I JUST WANTED TO STRAIGHTEN IT ALL OUT. LET YOU GUYS KNOW WHAT'S GOING ON BEFORE ALL THE DRAMA AND RUMORS AND LIES START. YES, I DO HAVE A SICK HORSE. YES, MY BARN IS QUARANTINE. I MADE THE MISTAKE OF TRUSTING SOMEBODY AND BUYING A HORSE FROM THEM THAT ENDED UP BEING SICK. IT HAPPENS ALL OVER THE COUNTRY. IT HAPPENS ALL OVER OUR STATE. THERE WERE OVER 36 CASES IN OUR STATE LAST YEAR. WE HAVE DONE EVERYTHING REQUIRED BY THE VET, BY THE STATE. WE ARE FOLLOWING ALL THEIR RULES. WE'RE DOING ALL OF THE BIOSECURITY. EVERYTHING THAT IS ASKED OF US, WE HAD STARTED BEFORE THE STATE EVEN CAME IN. MY VET WAS NOTIFIED IMMEDIATELY WHEN WE FOUND THE HORSE BEING SICK. BASICALLY, WHAT IT IS, IT'S LIKE STREP THROAT FOR A HUMAN IS WHAT THEY HAVE. IT IS VERY EASILY PASSED. WE DO ASK THAT NOBODY COMES TO THE BARN, OR LIKE THE VIDEO I JUST SAW TODAY, PEOPLE COMING TO THE BACK OF THE FENCE, TRYING TO GET THE HORSES, THE SICK HORSES TO COME TO THE FENCE TO INTERACT WITH THEM. AT THAT POINT, THEY'RE CONTAMINATED AND CAN MAKE ANY OTHER HORSE THEY GO AROUND SICK. I WOULD ASK THAT NOBODY DOES COME TO THE BARN. WE HAVE CERTAIN PEOPLE THAT ARE DEALING WITH THESE HORSES IN THIS ILLNESS AS HAS BEEN DONE. I AM IN CONTACT WITH THE STATE GUY EVERY DAY. WE TALK ABOUT EVERYTHING THAT'S GOING ON AND WHAT WE'RE DOING. JUST TO CLEAR IT UP, THERE ARE NO DEAD HORSES. I DON'T KNOW WHO CAME UP WITH THAT. THE HORSE IS NOT. THE HORSE IS ON THE ROAD TO HEALING. JUST TO GIVE YOU GUYS AN IDEA OF WHAT IS GOING ON, WHAT THE TRUTH IS. BRIAN WELCOMES ANY OF YOUR PHONE CALLS IF YOU WANT ANY INFORMATION, AND HE'S OUR STATE GUY. IF YOU GUYS WANT ANY INFORMATION, HE'S MORE THAN HAPPY TO TALK TO ANYBODY. BUT AS I SAID, NO DEAD HORSES, WE'RE ON THE ROAD TO RECOVERY, AND WE'RE DOING EVERYTHING WE'RE SUPPOSED TO DO. THANK YOU. >> THANK YOU. NEXT SPEAKER IS DAVID NOLAN, FOLLOWED BY CYNTHIA YOUNG DUKES. >> MY NAME IS DAVID NOLAN. >> THE MICROPHONE WITH THE STREAM LIGHTER. >> I LIVE AT 30 PARK TERRACE DRIVE. AS WE IN THE NATION PREPARE TO CELEBRATE THE 97TH BIRTHDAY OF DR. MARTIN LUTHER KING, IT SEEMS TO ME THERE'S A WONDERFUL PROPOSAL COMING TO YOU FROM THE NEXT SPEAKER TO RENAME A STREET IN HONOR OF THE FIRST PERSON IN ST. AUGUSTINE WHO ACTUALLY KNEW MARTIN LUTHER KING. THAT WAS A BELOVED PUBLIC HEALTH NURSE JANIE PRICE. SHE MET HIM WHEN HE WAS A TEENAGE COLLEGE STUDENT IN ATLANTA, GEORGIA. SHE WAS TAKING HER NURSES TRAINING DURING [00:15:03] WORLD WAR II AT GRADY HOSPITAL IN ATLANTA, GEORGIA. SHE USED TO JOKE IN HER LATER YEARS. SHE SAID, THEY WOULD ORGANIZE DANCES FOR OUR NURSES AND THE MOREHOUSE COLLEGE STUDENTS. I KNEW A YOUNG MAN NAMED MARTIN. IT WAS A LONG TIME BEFORE I REALIZED HE WAS MARTIN LUTHER KING, BUT HE REMEMBERED HER, AND WHEN HE CAME HERE 20 YEARS LATER, THEY STRUCK UP A RE ACQUAINTANCE, AND HE SPENT THE NIGHT AT HER HOUSE, ALONG WITH HIS COLLEAGUE, DOCTOR RALPH DAVID ABERNATHY, THE NIGHT BEFORE THEY WENT OFF TO BE ARRESTED AT THE MONSON MOTEL ON THE BAYFRONT, THE ONLY PLACE IN FLORIDA WHERE MARTIN LUTHER KING WAS ARRESTED. WHEN WE STARTED THE FREEDOM TRAIL PROJECT IN 2007, ONE OF THE VERY FIRST PLACES WE MARKED WAS THE HOME OF NURSE JANIE PRICE. SHE WAS SO PROUD OF THAT MARKER, SHE WOULD ALWAYS HAVE PLANTS AND FLOWERS PLANTED AROUND IT. I THINK THAT IF YOU ACCEPT THE PROPOSAL THAT'S COMING UP, YOU'LL REALLY BE CREATING A GOOD AREA. 40 YEARS AGO, WE NAMED THE STREET IN FRONT OF HER HOUSE AFTER MARTIN LUTHER KING. THIRTY YEARS AGO, WE NAMED THE STREET BEHIND HER HOUSE IN HONOR OF HENRY AND KATHERINE TWINE, WHO WERE HEART AND OF THE CIVIL RIGHTS MOVEMENT HERE. AND IF YOU CAN NAME A STREET FOR NURSE JANIE PRICE, WE HAVE THE PERFECT TRIFECTA, AND IT COULD COME IN TIME FOR THE CELEBRATION OF HER 100TH BIRTHDAY. I HOPE YOU'LL GIVE GOOD CONSIDERATION TO THIS. THANK YOU. >> THANK YOU. NEXT SPEAKER IS CYNTHIA YOUNG DUKES, FOLLOWED BY GREGORY ALTEZ. I HOPE I DIDN'T PRONOUNCE, MISPRONOUNCE THAT. WELCOME. >> GOOD EVENING, LADIES AND GENTLEMEN. I'D LIKE TO THANK YOU FOR THIS OPPORTUNITY. MY NAME AND ADDRESS. I'M AWFULLY SORRY. CYNTHIA YOUNG DUKES, 600 DOMENICO CIRCLE, ST. AUGUSTINE, FLORIDA 32086. >> GOOD EVENING AGAIN. I WOULD LIKE TO THANK YOU FOR THIS OPPORTUNITY TO SHARE WHY MY AUNT, MISSES PRICE, AFFECTIONATELY KNOWN AS NURSE JANIE, IS TRULY DESERVING OF THE NAMING OF A STREET TO HONOR HER LEGACY OF THE CITY OF ST. AUGUSTINE. SHE HAD STRENGTH, COURAGE, AND DETERMINATION. SHE STOOD HER GROUND, EVEN AFTER THE KU KLUX KLAN THREATENED TO BOMB HER HOUSE BECAUSE SHE WAS HOUSING PROTESTERS, AS MISS NOLAN SAID, DR. KING AND REBN ABERNATHY. SHE WAS DEDICATED TO THE CIVIL RIGHTS MOVEMENT. SHE WAS DUBBED AS THE HOUSE MOTHER OF THE CIVIL RIGHTS MOVEMENT. MISSES PRICE WAS BORN AND RAISED IN ST. AUGUSTINE. AS A GIRL, SHE STUDIED AT ST. BENEDICT MOOR CATHOLIC SCHOOL. SHE GRADUATED FROM EXCELS HIGH SCHOOL IN THE HISTORIC LINCOLNVILLE IN 1944. SHE STUDIED NURSING AT GRADY HOSPITAL, AND AS MR. NOLAN MENTIONED, THAT'S WHERE SHE MET MARTIN KING. MISSES PRICE, WHO PASSED AWAY IN JANUARY 2023. LEFT AN INTELLIGIBLE MARK ON HER HOMETOWN OF ST. AUGUSTINE. SHE WAS AWARDED HOUSE MOTHER FOR CIVIL RIGHTS, OCTOBER 22, BY NOW POWER OF PINK IN LAS VEGAS, NEVADA, WHERE I WENT TO RECEIVE HER AWARD. IT IS NOW VIEWED AT THE ACCORD MUSEUM. SHE HAD 50 YEARS NURSING CAREER, ALWAYS ANSWERING THE CALL OF DUTY. EVEN IF IT WAS 3:00 AM. IN THE MORNING, SHE WALKED SEVERAL BLOCKS IN HER ROBE AND HOUSE SLIPPERS AS I SAW MYSELF WHEN I WAS ABOUT FOUR OR FIVE-YEARS-OLD. I ASKED HER, WHERE ARE YOU GOING? IT'S THE MIDDLE OF THE NIGHT. SHE SAID, I HAVE TO GO DOWN THE STREET AND HELP SOMEBODY THEY'RE SICK. SHE WAS A MIDWIFE WHO DELIVERED NUMEROUS BABIES AND EVEN NAMED A FEW. SHE WAS A CARETAKER FOR HER NEIGHBORHOOD. IN MAY 2021, THE LINCOLNVILLE MUSEUM AND CULTURAL CENTER, WHICH IS ON THE SAME STREET AS MISSES PRICE HOUSE, UNVEIL THE WOMEN WHO MADE A DIFFERENCE EXHIBIT. MISSES PRICE WAS A PART OF THAT EXHIBIT. SHE IS PART OF THE ACCORD CIVIL RIGHTS MUSEUM [00:20:02] AND THE LINCOLNVILLE MUSEUM AND CULTURAL CENTER. IN FACT, MISSES PRICE WAS CALLED THE FLORENCE NIGHTINGALE OF ST. JOHN'S COUNTY BY LOCAL HISTORIAN DAVID NOLAN. TODAY, I RESPECTFULLY REQUEST THAT A STREET BE NAMED AFTER MY AUNT. JANIE YOUNG PRICE IN THE NEIGHBORHOOD IN WHICH SHE RESIDED. SHE GAVE A HEART AND SOUL TO HER COMMUNITY. I PROMISED HER THAT I WOULD DO MY VERY BEST TO KEEP HER MEMORY ALIVE. THANK YOU. >> THANK YOU, MISS DUKES. WE APPRECIATE YOU COMING AND SPEAKING TO US AND MAKING THE PROPOSAL. WE WILL TAKE THAT UP AT THE END OF THE MEETING UNDER COMMISSIONER COMMENTS. YOU CAN WATCH IT ONLINE OR YOU CAN STAY TO THE END. I THINK IT WILL BE A LONG MEETING, SO I WOULD RECOMMEND THAT YOU DO NOT STAY TO THE END OF THE MEETING. BUT LIKE I SAID, WE'LL BE IN TOUCH. THANK YOU. THE NEXT SPEAKER IS GREGORY [INAUDIBLE] I KNOW A LATEST AND FOLLOWED BY SANDRA CROSSO BK. I'M REALLY BUTCHERING THESE NAME, BUT SANDRA CROSSO. WELCOME. >> THANK YOU. GREGORY [INAUDIBLE] 880A 1A BACH BOULEVARD, ST. ANS BEACH. NIGHTS LIGHT TRAFFIC. I'VE BEEN A RIDE SHARE DRIVER AND A PRIVATE CAR SERVICE DRIVER FOR THE LAST SEVERAL YEARS. I'M THRILLED THAT SOMEBODY, YOU GUYS, HOPEFULLY, DID SOMETHING OR TRIED TO DO SOMETHING ABOUT TRAFFIC FOR NIGHTS LIGHTS THIS YEAR. SEVERAL THINGS YOU DID WERE WONDERFUL HAVING PSA PEOPLE EVERY YEAR. I CALL AND SAY, PUT A PSA OFFICER TO REGULATE PEDESTRIAN TRAFFIC BY TRADE WINDS, BY THE END OF THE BRIDGE, VARIOUS PLACES, ST. GEORGIE. WORKED OUT GREAT. STOP PEOPLE FROM TRAFFIC, LET TRAFFIC FLOW IS A WONDERFUL THING, PUTTING UP THE PEDESTRIAN BARRICADES ALONG CATHEDRAL PLACE. WONDERFUL. KEPT PEOPLE FROM TRYING TO PARALLEL PARK. PEOPLE DON'T KNOW HOW TO PARALLEL PARK ANYMORE. THAT KEPT THE FLOW OF TRAFFIC GOING. AT THE END OF CATHEDRAL CHARLOTTE STREET, NO LEFT TURN. ANOTHER BRILLIANT IDEA. SADLY, THE ONE BIG ERROR OR LACK OF COMMON SENSE WAS BLOCKING OFF TRAFFIC COMING ACROSS THE BRIDGE ON FROM THE ISLAND TO DOWNTOWN, NOT ALLOWING AT LEAST ONE LANE TO CONTINUE UP CATHEDRAL PLACE. IF YOU CAN'T GET TO TRADE WINDS WHICH THAT LITTLE CIRCLE THERE BY CASARANA, HAMLIN HOUSE, WONDERFUL PICKUP AND DROP OFF SPACE. DROP OFF PICK UP SPACE BY ST. GEORGE STREET. WITHOUT THAT ACCESS, YOU CAN'T GET THERE. THEN FINALLY, THE POLICE FIGURED OUT THAT YOU HAD TO BE ABLE TO TURN LEFT TO GET TO THE WHITE ROOM AND OTHER PLACES INTO LINCOLNVILLE, SO THEY MADE THAT ADJUSTMENT. BUT OTHER THAN THAT ONE BLOCKING OF THE TRAFFIC MADE MORE TRAFFIC PROBLEMS THAN I CAN IMAGINE. I HAD NUMBER P. OH, IT'S WONDERFUL. ANYBODY WHO TELLS YOU THAT THAT BLOCKING OFF CATHEDRAL PLACE TO TRAFFIC COMING ACROSS THE BRIDGE IS EITHER A LIAR OR A FOOL OR IN SOME CASES BOTH, NOT A GOOD IDEA. ONE LAST THING IS WITH ALL THE PARKING OR LACK THEREOF, FRANCIS FIELD. WHAT A GREAT PLACE TO PUT 500 CARS ON THERE. TWENTY BUCKS A HEAD, 40 BUCKS. PUT 500 CARS ON THERE, AND WHEN IT'S RAINY AND MONEY, DON'T PUT THEM OUT THERE, BUT WHAT A PLACE TO PUT EXTRA CARS? THE MONEY YOU CAN RAISE FROM THAT COULD RESAW THAT THING, COULD RE ELECTRIFY THAT FIELD FOR ART SHOWS AND FESTIVALS AND ALL THE OTHER THINGS. ANYWAY, THANKS FOR ACTUALLY TRYING TO DO SOMETHING DIFFERENT THIS YEAR. AT LEAST YOU TRIED. THREE OUT OF FOUR THINGS WERE, I THINK SUCCESS. UNFORTUNATELY, BLOCKING THE ONE. ACCESS TO THE MAIN DRAG THERE WAS SILLY. THANK YOU MUCH. HAVE A GOOD ONE. >> THANK YOU. THE NEXT SPEAKER IS SANDRA CROSSO, AND FOLLOWED BY HEATHER WILSON. >> HI, GOOD EVENING. MY NAME IS SANDRA CROSSO BK. YOU WERE RIGHT THE FIRST TIME. I AM THE MAJORITY SHAREHOLDER AND CEO OF BK ADVENTURE, AND WE HAVE A NEW SUBSIDIARY HERE IN ST. AUGUSTINE IN THE PAST YEAR CALLED PINK CULTURE TOURS. WE WERE SO HAPPY TO DO NIGHTS OF LIGHTS TOURS HERE AROUND THE CITY, AND WE WERE SUPER SUCCESSFUL AT IT. OUR TOUR COMPANY ON THE SPACE COAST IS REALLY LARGE. WE WERE HAPPY TO BE PART OF A NEW TOUR COMPANY HERE IN ST. AUGUSTINE. THE ONLY REASON THAT I'M COMING HERE TODAY IS BECAUSE I HAD A PHONE CALL AND AN EMAIL THAT SAID THAT THERE WOULD BE A COMPLAINT AGAINST MY COMPANY AT THIS PARTICULAR MEETING, BUT I UNDERSTAND FROM MR. FRANKLIN FROM HAVING AN EMAIL EXCHANGE WITH HIM THAT IN FACT, THERE IS NO CITY ORDINANCE THAT GIVES ANY COMPANY THE RIGHT TO COMPLAIN ABOUT ANOTHER COMPANY TO THE CITY COUNCIL. I WON'T BE LONG WINDED WITH THAT. BUT WHAT I WILL SAY IS I'M REALLY HAPPY AND HUMBLED TO COME AFTER THE PEOPLE WHO HAVE SO GRACIOUSLY SPOKEN ABOUT CIVIL RIGHTS, BECAUSE DURING THE COURSE OF THE NIGHTS OF LIGHTS, [00:25:01] MY CIVIL RIGHTS AS A BUSINESS OWNER AND THAT OF MY PARTNERS AND MANAGERS WHO HAPPENED TO BE ASIAN AMERICANS HAS BEEN VIOLATED. THEY ENDURED RACIAL SLURS OUT THERE AS THEY WERE DRIVING AROUND TRYING TO DO THEIR JOB, AND I THINK THAT THAT IS SOMETHING THAT THIS GREAT CITY OBVIOUSLY DOES NOT TOLERATE. I WILL GIVE YOU ONE QUOTE THAT I THINK EXEMPLIFIES WHAT I'M SPEAKING ABOUT. AS ONE OF MY TOUR GUIDES, WHO WAS IN A GRINCH CHARACTER COSTUME, BY THE WAY, WHICH IS A FULL MASK, GREEN AND FURRY WITH GREEN MAKEUP, SO YOU WOULDN'T BE ABLE TO TELL ANYBODY'S ETHNICITY IN THAT COSTUME. HE WAS GOING WITH A FULL CART OF PEOPLE. WE DO GOLF CART TOURS AND BEAUTIFUL PINK SPARKLY GOLF CARTS AND SOMEBODY FOLLOWED HIM ON A BLACK MOTORIZED TRICYCLE BIKE THING, AND FOLLOWED HIM FOR ABOUT EIGHT MINUTES, KEPT CUTTING HIM OFF AND TRYING TO PREVENT OUR CART FROM DOING THE TOUR. FINALLY, THIS PERSON, WHO WAS ONE OF SEVERAL MAYBE MEMBERS OF DIFFERENT TOUR COMPANIES WHO HAVE COME OUT AND BLOWN UP OUR PHONE AND SENT US EMAILS AND THINGS LIKE THAT, WHICH IS ANOTHER ISSUE. BUT HE SAID, TO OUR GUESTS, TOO BAD YOU WENT WITH THE CHEAP CHINESE TEMU GRINCH. LET'S SEE IF THEY GET THEIR FRANCHISE LICENSE NEXT YEAR. AT THAT POINT, I THOUGHT, THIS ISN'T JUST FUNNY, MAKING FUN AROUND TOWN AS THE GRIN AND THE OTHER THINGS DO JOKES. THIS IS A LITTLE BIT MORE SERIOUS. AS I WAS TOLD THAT MY COMPANY WOULD COME UNDER QUESTION. AT THIS MEETING, I AM SHOWING UP. I'M SAYING MY PART, BUT I WOULD LIKE TO, IF THERE ARE ANY OTHER TOUR COMPANIES HERE, I WOULD INVITE THEM TO TALK WITH ME AFTERWARDS. I'M HAPPY TO GIVE OUT MY NAME PHONE NUMBER AND HAVE A MEETING THAT IS APPROPRIATE FOR THIS. >> THANK YOU VERY MUCH. >> THANK YOU. >> NEXT SPEAKER IS HEATHER WILSON, FOLLOWED BY NANCY MURPHY. >> GOOD EVENING. HAPPY NEW YEAR. THE RECORDS KEPT BY THE CITY OF ST. AUGUSTINE THAT ARE REQUIRED FOR MAINTAINING THE GROSSLY OUTDATED PRACTICE OF HORSE DRAWN CARRIAGES ARE PUBLIC AND DISCOVERABLE UPON REQUEST PER CHAPTER 119 OF THE FLORIDA STATUTES. THE RECORDS KEPT ON THESE HORSES ARE ATROCIOUS. THE LIST OF DISCREPANCIES CONTINUES. LAURIE AND LISA WERE ACQUIRED BY COUNTRY CARRIAGES LAST SUMMER. THEIR VET EXAMS WERE DATED AUGUST 22, 2025. LESS THAN THREE MONTHS LATER, THEY ARE RETIRED. WE ACTUALLY HAVE SOLID EVIDENCE THAT LISA IS DECEASED. MISS CUSHIN CANNOT EVEN GET THEIR NAMES RIGHT, LISTING LAURIE AS LAURA. ANOTHER HORSE SUSPICIOUSLY RETIRED IS A HORSE NAMED DUTCH, WHOSE ONLY VET EXAM ON RECORD WAS OCTOBER 20, 2025, LESS THAN ONE MONTH LATER, HE IS RETIRED. OR IS THIS HORSE ALSO DECEASED? COUNTRY CARRIAGES ALSO HAS A HORSE NAMED BLAZE, WHOSE VET CHECKLIST WAS SIGNED BY A DOCTOR GRACE CLARK. THE FORM IS COMPLETELY BLANK. NOT A SINGLE BOX IS CHECKED OFF. THIS BEGS THE QUESTION, ARE THESE ANIMALS EVEN BEING EXAMINED? THE CITY RECENTLY UPDATED THE HORSE INVENTORY FORM SO THAT IT COULD BE A SEPARATE DOCUMENT FROM THE FITNESS FOR DUTY. BUT THIS DOES NOT SOLVE EVERYTHING. FOR EXAMPLE, THE VET EXAM DUE NOVEMBER 15. ONE MONTH LATER, THE INVENTORY IS DUE ON DECEMBER 15. HOW DOES THE PUBLIC KNOW WHICH HORSES HAVE NOT PASSED THEIR VET EXAM? HOW DO WE KNOW THAT THESE COMPANIES ARE NOT OFFLOADING HORSES THAT THEY KNOW WILL NOT PASS A FITNESS FOR DUTY, JUST SO THAT THEY CAN BE EXCLUDED FROM THE INVENTORY? RECALL, IT IS IN THE ST. AUGUSTINE MUNICIPAL CODE THAT THESE HORSES CAN GO TO SLAUGHTER? MISS CUSHIN ACQUIRED A NEW HORSE TRAFFICKED IN FROM MISSOURI ON DECEMBER 17 2025, CONVENIENTLY TWO DAYS AFTER THE INVENTORY WAS DUE. WE NOW KNOW THAT THIS POOR HORSE IS INFECTED WITH STRANGLES, A HIGHLY CONTAGIOUS RESPIRATORY INFECTION WITH A 6-7% MORTALITY RATE HIGHLY CONTAGIOUS, AND IT MANDATES QUARANTINE. IT IS IMPOSSIBLE TO QUARANTINE HORSES AT THE CITY LEAST STABLES AT ROBERT HING PARK. FENCES ARE SHORT, THE HORSES TOUCH NOSES. IT IS TIME THAT THE CITY STOPS LEASING VALUABLE LAND TO THE CUSHIONS WITH THEIR NEVER ENDING REVOLVING DOOR OF HORSES THAT ARE FORCED TO PULL HEAVY LOADS ON BUSY STREETS ROBBED OF ALL THEIR NATURAL INSTINCTS AND DESIRES, ONLY TO GO HOME TO FILTHY, MISERABLE STABLES AT HAILING PARK, WHERE THEY CANNOT EVEN BE FREE OF DISEASE WHERE THEY COULD DIE OR THEY COULD GET SENT TO SLAUGHTER. [00:30:03] >> THANK YOU. NEXT SPEAKER, NANCY MURPHY, FOLLOWED BY JASON JUDGE. >> THAT'S ME. HI. NANCY MURPHY, 22 VERNE COURT. I AM SO HAPPY TO SEE YOU. I WAS HAPPY TO SEE A NUMBER OF YOU ON FRIDAY AT HAZEL HENDERSON'S FILM DEBUT, AND I AM GRATEFUL TO BE HERE WITH YOU TO SAY HAPPY NEW YEAR. I THINK YOU ALL KNOW THAT THE CHARTER FOR COMPASSION HAS PRODUCED A CHARTER 2.0. I'VE BEEN COMING FOR MANY YEARS IN READING YOU THE CHARTER FOR COMPASSION, AND THE ORIGINAL WORDS STILL STAND. WE STILL HAVE THIS URGENT NEED TO MAKE COMPASSION A CLEAR LUMINOUS AND DYNAMIC FORCE IN OUR POLARIZED WORLD. THE REASON FOR THE UPDATE IS THAT WHEN THE CHARTER WAS DRAFTED AND PROCLAIMED IN 2011, IT WAS CURRENT VERBIAGE THAT WAS USED. IN THE REVISIONS, THERE HAVE BEEN A NUMBER OF ATTEMPTS THAT I THINK SUCCESSFULLY ADDRESS SOME OF THE CHANGES IN OUR WAYS OF SPEAKING AND INCLUSIVITY THAT ARE VERY IMPORTANT. ROBIN WAS SUPPOSED TO COME, OUR EXECUTIVE DIRECTOR, BUT SHE WASN'T ABLE TO BE HERE WITH ME TODAY. INSTEAD OF READING THE CHARTER TODAY, I'D LIKE TO TELL YOU THAT I'M VERY EXCITED ABOUT A COUPLE OF THINGS THAT ARE HAPPENING WITH THE INTERNATIONAL CHARTER, AND IN FLORIDA, PARTICULARLY AS A RESULT OF MEETINGS AT THE HAZEL HENDERSON HOUSE, A GROUP HAS FORMED, AND I JUST GOT BACK FROM CLEARWATER WHERE THE INITIAL LAUNCH OF COMPASSIONATE FLORIDA WAS CONSIDERED. THERE WERE A LOT OF POSITIVE ENERGY AND A LOT OF POSITIVE TALK ABOUT THE COMPASSIONATE WORK THAT COMPASSIONATE ST. AUGUSTINE IS DOING AND WHAT'S HAPPENING IN OUR CITY. WE WERE USED AS A MODEL FOR SEVERAL EXAMPLES. I'M GRATEFUL TO BE ABLE TO CARRY THE WORD OF THE GOOD WORK THAT THE COMMISSION AND THE CITY AND COMPASSIONATE ST. AUGUSTINE ARE DOING OUT TO THE STATE. ALSO WANTED TO LET YOU KNOW THAT THERE ARE 40 DAYS OF PEACE THAT ARE COMING UP. PROVIDED ONLINE WITH A VARIETY OF OPPORTUNITIES TO CELEBRATE DOCTOR KING'S BIRTHDAY, AND THEN GOING FORWARD THROUGH THE MONTH OF FEBRUARY. AS A PART OF ONE OF THOSE THINGS, THE CHARTER WILL BE HOSTING A GLOBAL READ THAT WILL BE OFFERED BY A LOCAL AUTHOR WHO WROTE A BOOK GETTING IT, AND THEN GETTING ALONG. THAT WILL BE ON FEBRUARY THE 11TH. I'LL SHARE THAT INFORMATION SO THAT THOSE WHO MIGHT LIKE TO ATTEND THAT GLOBAL READ CAN SUPPORT OUR LOCAL AUTHOR AND THE WORK THAT'S BEING DONE THERE. THAT'S ALL FOR NOW. THANKS SO MUCH. >> THANK YOU VERY MUCH. NEXT SPEAKER IS JASON JUDGE, FOLLOWED BY KATHERINE ZOTA. >> GOOD EVENING, MAYOR. VICE MAYOR. COMMISSION. MY NAME IS JASON JUDGE. I'M AN INDEPENDENT HORSE PERSON. I'VE WORKED ON AND OFF IN THE HORSE INDUSTRY FOR ABOUT 25 YEARS WITH DRAFT HORSES, CARRIAGE HORSES IN LARGE MA METROPOLIS, DENVER, COLORADO, CHATTANOOGA, TENNESSEE, 2014, I STARTED DRIVING A CARRIAGE IN ST. AUGUSTINE, AND IT IS ONE OF MY FAVORITE THINGS IN THE WORLD. I REALLY ENJOY IT. RECENTLY, I'VE COME BACK TO IT. I KNEW THERE WAS GOING TO BE SOME PROTEST TONIGHT, SO I JUST WANT TO SPEAK FROM MY INDEPENDENT VIEW. LET ME BE VERY CLEAR ON MY POSITION. I SUPPORT HORSE DRAWN CARRIAGE RIDES IN ST. AUGUSTINE. WHEN IT'S DONE RIGHT, AND IT'S REGULATED REGULATIONS IN PLACE FOR STABLING, AND HOUSING AND DAILY CARE AND WORKLOADS FOR HORSES, IT'S MAGICAL. IT'S A COOL THING WHEN WHEN YOU LOAD UP A BUGGY FULL OF PEOPLE OR EVEN ON THE BAY FRONT, WHEN THE KIDS COME AND THEY TOUCH THE HORSE FOR THE FIRST TIME OR IT'S SOMEBODY'S FIRST TIME SEEING A HORSE, AND ANY CARRIAGE DRIVER WILL TELL YOU THAT THAT'S A GOOD FEELING AND TO TAKE THEM AND TO SHOW THEM THE HISTORY OF THE CITY. IT'S REALLY A MAGICAL, SPECIAL PLACE. THESE ANIMALS HAVE BEEN MY FRIEND. I'VE LIVED WITH THEM, I FED THEM, GROOMED THEM, CLEAN THEIR STALLS AND WATCHED THEM TAKE THEIR LAST BREATH WHEN A HORSE DRIVER IS ATTACHED TO THEIR HORSE. IT'S REALLY A GREAT BOND. WHEN YOU GET TO SHARE THAT WITH OTHER PEOPLE, THAT'S SOMETHING I THINK WE NEED TO PRESERVE. THEY'RE NOT MACHINES. THEY'RE NOT MACHINES, BUT THEY'RE NOT FRAGILE EITHER. THESE HORSES ARE BRED TO WORK. IT'S THEIR JOB. WHEN THEY'RE WELL FED AND CONDITIONED AND HANDLED BY PROFESSIONALS, DRAFT HORSES AND CARRIAGES, THEY'RE BUILT FOR STEADY WORK. WITH PROPER MANAGEMENT IN ENVIRONMENTS, THEY THRIVE IN WORKING CONDITIONS. IT'S WHAT KEEPS HORSES HEALTHY WHEN WE KEEP THE BLOOD PUMPING TO THEIR HOOFS, THAT'S WHAT MAKES A STRONG HOOF AND A STRONG HOOF MAKES A STRONG HORSE. [00:35:01] AT THE SAME TIME, THE HORSES CANNOT SPEAK FOR THEMSELVES. WE HAVE SOME ADVOCACY, AND I SUPPORT THAT. GOOD REGULATIONS MATTER. I UNDERSTAND THAT THE CITY MAY BE DOING THIS NOW AND GOING THROUGH THAT AND I SUPPORT THAT, AND GOOD ON ALL. THAT'S THE RIGHT PATH. I SUPPORT THAT. OF COURSE, HOURS OF REST PERIODS, WORK PERIODS, WEATHER PROTOCOLS, VET CARE, ALL THAT STUFF, YES, SHOULD ALL BE, BUT STALLING, A BODY SCORE. HOW DOES THE HORSE LOOK? ONGOING TRAINING, EVALUATION, HORSES, DRIVERS? THESE ARE IMPORTANT THINGS THAT I HOPE ARE BEING CONSIDERED. STANDARDS PROTECT HORSES. THEY PROTECT THE CITY. THEY PROTECT THE TRUST THAT PEOPLE GIVE US TO BRING THE HORSES ON THE STREET. CONCERNING TO ME IS WHEN IT BECOMES POLARIZING. YOU HAVE THERE'S A LOT OF MIDDLE GROUND THERE. YOU CAN'T FRAME IT TO GET RID OF THE HORSES COMPLETELY OR IGNORE OF LEGITIMATE WELFARE CONCERNS. FROM MY EXPERIENCE, THAT'S KIND OF A FALSE NARRATIVE. THERE CAN BE BOTH. YOU CAN HAVE THE HISTORIC TRADITION AND REQUIRE HIGH STANDARDS OF CARE. JUST SHORTENING UP, I URGE YOU GUYS TO CONTINUE SUPPORTING HORSES AND BUGGIES IN ST AUGUSTINE. THANK YOU FOR YOUR TIME. >> THANK YOU. THE NEXT SPEAKER IS KATHERINE ZOTA FOLLOWED BY CHRIS BULMER. >> I'M KATHERINE ZOTA. AS THE CITY IS AWARE, THERE IS VIDEO EVIDENCE OF THE OWNER OF COUNTRY CARRIAGES, REPEATEDLY STRIKING A SMALL HORSE AT THE CITY'S STABLE. THE OWNER OFFERED VARYING EXPLANATIONS FOR HIS VIOLENT ACTIONS BASED ON HIS NEED TO DEFEND HIMSELF FROM THE SMALL HORSE. THE CITY FAILED TO INVESTIGATE THIS SERIOUS INCIDENT AND TOOK NO ACTION AGAINST COUNTRY CARRIAGES. THE OWNER ADMITTED IN A NEW VIDEO THAT HE STRUCK THE DEFENSELESS TETHERED HORSE AFTER LOSING HIS TEMPER. IT WAS NOT DONE IN SELF DEFENSE. TO CLARIFY, THE OWNER ADMITS IN THE VIDEO, I HIT THE HORSE. I AIN'T GONNA LIE. I SCREWED UP, LOST MY TEMPER. THIS ADMISSION SHOWS THE HARM WAS INTENTIONAL. FLORIDA LAW PROHIBITS INTENTIONALLY CAUSING THE UNNECESSARY PAIN AND SUFFERING OF AN ANIMAL. THE OWNER ALSO STATES IN THE VIDEO THAT HIS BIGGEST PROBLEM IS THE LOT, AN ABSURD CLAIM, GIVEN THE DOCUMENTED EVIDENCE SHOWING HORSE ABUSE. IT RAISES SERIOUS QUESTIONS ABOUT HIS SUITABILITY TO OPERATE THE FRANCHISE. IT ALSO UNDERSCORES THE DANGERS OF THE CITY TAKING NO ACTION DESPITE THE VIDEO EVIDENCE OF ANIMAL CRUELTY. I'D LIKE TO PLAY THE VIDEO TAKEN ON DECEMBER 13, 2025 ON THE BAYFRONT. >> HEY, EITHER OWN IT OR YOU DON'T. NO. THEY GOT THE ONE VIDEO. ONE OF THE GIRLS NAME. I HAD ONE OF MY WIFE'S NAME. I GET IT. I AIN'T GONNA LIE. I SCREWED UP. LOST MY COUNTRY. >> TO DATE, THE CITY HAS NOT DIRECTLY ADDRESSED THE VIDEO EVIDENCE OF HORSE ABUSE. INSTEAD, ATTENTION HAS BEEN FOCUSED ON LEASE VIOLATIONS. COUNTRY CARRIAGES HAS RECEIVED MULTIPLE LETTERS AND WARNINGS DETAILING THESE VIOLATIONS. YET THE CITY HAS TAKEN NO ACTION TO ENFORCE THEM. ANOTHER OPERATOR HAD HIS LEASE REVOKED FOR FAR FEWER INFRACTIONS. YET COUNTRY CARRIAGES CONTINUES TO OPERATE WITH NO CONSEQUENCE. THE COMBINATION OF REPEATED NON COMPLIANCE. DEFIANCE OF CITY DIRECTIVES AND INTENTIONAL ANIMAL CRUELTY DEMONSTRATES A PATTERN OF DISREGARD FOR RULES, PUBLIC STANDARDS, AND ANIMAL WELFARE. THE CITY MUST TAKE MEANINGFUL CORRECTIVE ACTION IN RESPONSE TO THIS CONDUCT BY REVOKING BOTH THE LEASE AND THE FRANCHISE AGREEMENT. ANYTHING LESS WOULD SEND A DANGEROUS MESSAGE THAT ANIMAL CRUELTY WILL BE TOLERATED IN THIS COMMUNITY. THANK YOU. >> THANK YOU VERY MUCH. CHRIS FULMER, FOLLOWED BY THOMAS REYNOLDS. >> GOOD EVENING, CHRIS FORMER. I LIVE IN ST. AUGUSTINE. I'D SAY HAPPY NEW YEAR. NIGHTS OF LIGHTS WAS GREAT THIS YEAR, FROM OUR PERSPECTIVE. I LOVED THAT THE APP SHOWED WHERE THE PARKING SPOTS WERE IN THE GARAGE, AND I REALLY WISH THAT THE PARK NOW APP WOULD PICK THAT UP AS WELL. IT'S VERY HANDY. THE BARRICADES ON THE AVNITA THAT WERE BLOCKING, THE PARKING SPACES WERE GREAT, BECAUSE NOT ONLY DID THEY MAKE PEOPLE NOT PARK THERE, SO THERE THERE WAS ROOM FOR THE OVERFLOW CROWD TO WALK BY, BUT IT STOPPED PEOPLE FROM CROSSING THE STREET OUTSIDE THE CROSSWALKS. THAT IS THE SCARIEST PART OF OUR DRIVE HOME EVERY NIGHT. [00:40:02] WE LIVE ON THE ISLAND. EVERY TIME WE COME THROUGH AND COME AROUND, LITERALLY WE DO TEAM DRIVING. BOTH OF US HAVE TO WATCH TO MAKE SURE BECAUSE PEOPLE JUST POP UP. THAT WAS A MARVELOUS IDEA. I'D LIKE TO REITERATE THAT CONTROLLING PEDESTRIAN TRAFFIC ON CATHEDRAL MADE ALL THE DIFFERENCE IN THE WORLD. THAT WAS GOOD. I'D LIKE TO THANK COMPASSIONATE ST. AUGUSTINE AGAIN FOR PROMOTING KINDNESS. WE NEED MORE OF THAT IN THE WORLD. I KNOW PEOPLE DON'T LIKE TO DO IT, BUT ENJOY THE WEATHER BECAUSE WE HAVE VERY FEW OPPORTUNITIES TO WEAR OUR COLD WEATHER, CLOTHES AND OUR PRETTY SWEATERS. LET'S DO THAT. SHOP LOCAL. BE KIND TO YOUR SERVERS, TIP YOUR EIGHT STUFF. >> THANK YOU. NEXT SPEAKER IS THOMAS REYNOLDS, FOLLOWED BY KIMBERLY HARTWIK. [BACKGROUND] >> I THINK SOMEONE WANTS TO PUT SOMETHING ON THE OVERHEAD. JUST GIVE IT A SECOND. >> TURN IT THE OTHER WAY. TOM REYNOLDS 1123 2080, FOLKS, YOU LIVE BY THESE RULES. YOU ALREADY KNOW THEM. I JUST WANTED TO GIVE YOU A NICE FRESH COPY AND THE PLASTIC, AND JUST A COUPLE I DO WANT TO REMIND YOU OF PROMOTE DECISIONS WHICH ONLY BENEFIT THE PUBLIC INTEREST AND ACTIVELY PROMOTE PUBLIC CONFIDENCE IN CITY GOVERNMENT. WHEN I HEAR THE PEOPLE TALKING ABOUT THE HORSES, AND SOMEONE'S NOT DOING THEIR JOB, I HOPE YOU'D LOOK INTO THAT A LITTLE BIT MORE. NOW THE RULES, THEY ALWAYS MAKE ME THINK OF ONE THING. THEY MAKE ME THINK OF THIS ONE RULE OF LIFE. THOU SHALL NOT BEAR FALSE WITNESS AGAINST THY NEIGHBOR. AND WHEN I SAY THAT, I'M SAYING THAT BECAUSE IF YOU GOT A BAD NEIGHBOR YOU GOT TO TELL PEOPLE. I GOT A BAD NEIGHBOR. ANYWAY, AND THAT'S WHY I WANT TO TELL YOU ABOUT THIS BAD NEIGHBOR. SEE, THIS IS A LAWSUIT. YOU'RE ALL GETTING SUED. I'M GETTING SUED. ALL THE CITY RESIDENTS ARE GETTING SUED. THIS LAWSUIT, THIS IS THE PART I WANT TO GET TO, IS THE DOUGLAS LAW FIRM. WELL, WHO IS THAT? THAT'S THE CONTRACTED CITY ATTORNEY FOR THE CITY OF ST. AUGUSTINE BEACH. NOW, I BROUGHT THAT TO THE COMMISSION'S ATTENTION, AND THEY DID NOTHING. IT ABSOLUTELY VIOLATES SEVERAL RULES OF ETHICAL CONDUCT. I JUST WANTED YOU TO KNOW THAT THAT YOUR NEIGHBOR HAS A LAW FIRM THAT IS SUING. I JUST WANT TO REMIND YOU OF THE ETHICAL CITY OFFICIALS SHOULD NOT ENGAGE IN OUTSIDE INTERESTS THAT ARE NOT COMPATIBLE WITH THE IMPARTIAL OR OBJECTIVE PERFORMANCE OF HIS OR HER DUTIES, AND THAT'S WHAT THEY'RE VIOLATING. WHERE IS THE TIME THING? >> RIGHT IN FRONT OF YOU. >> FOLLY, I WANT TO FINISH. NO, I REALLY HOPE THAT LADY DIDN'T BRING THAT HORSE DISEASE IN THIS ROOM, BECAUSE I'M KIND OF MEDICALLY COMPROMISED AT THE MOMENT. THE GUYS BIG SOB STORY ABOUT THE HORSES AND THE KIDS, IT'S SO WONDERFUL. YOU KNOW, SOMETHING. ALL I KNOW IS MOST OF THE TIME, GROWING UP, KIDS WANT TO SEE HORSES IN A FIELD. I CALL ME SILLY, BUT I DO WANT TO POINT OUT E-BIKES, SKATEBOARDS, SCOOTERS, EVERYTHING. YOU WOULD REALLY BE DOING THE CITY A FAVOR BY JUST ELIMINATING THE WHOLE HORSE THING. THEY OUT LIVED IT. I TELL YOU, WHEN I SEE EIGHT PEOPLE IN A WAGON AND A DRIVER. HONESTLY, ONE HORSE PULLING EIGHT PEOPLE, THEY SHOULD BE ASHAMED OF THEMSELVES. THANKS. >> KIMBERLY HARTWICK, FOLLOWED BY MARTA HAN. I'M NOT GOING TO TAKE. >> I'M KIMBERLY HARTWICK, AND I LIVE AT 2:28 RIBERIA STREET. [00:45:02] I JUST WANT TO TALK ABOUT THE TRAFFIC FLOW, AND SOMEONE ELSE ALREADY ADDRESSED THIS WHEN YOU COME OVER THE BRIDGE OF LIONS GOING EAST AND YOU GET TO WHERE YOU CAN'T TAKE A LEFT. THAT WAS A REAL PROBLEM. I GOT DIRECTED INTO THE TRAFFIC, SO I HAD TOOK ME 35 MINUTES TO GET ALL THE WAY AROUND TO GO DOWN THE SOUTH END OF RIBERIA. THAT WAS A REAL ISSUE. ANOTHER TIME AND THIS WAS DURING COMING HOME FROM 4 JULY AND I CAME DOWN MALAGA, PAST THE GEORGIE'S DINER BY KING STREET. I WAS TRYING TO CROSS OVER KING STREET TO GET BEHIND THE POLICE STATION TO GET DOWN TO RIBERIA. THERE'S NO TRAFFIC THERE, AND THEY WOULD NOT LET ME GO. I SAID, WELL, CAN I JUST GO OVER KING STREET? I CAN GET HOME. NO, I HAD TO GO THREE TIMES AROUND THE CIRCLE. OUT ON US ONE AND DO A U TURN AND COME BACK ON KING, AND HE FINALLY LET ME GO HOME. I MEAN, SOME OF THESE THINGS. I WENT INTO THE POLICE STATION TO TALK TO SOMEONE ABOUT IT AND I DON'T REMEMBER THE POLICEMAN THAT CAME OUT TO TALK TO ME, BUT HE TOLD ME TO JUST STAY HOME. I'M STANDING THERE GOING DID I JUST HEAR WHAT YOU SAID HERE? I EXPLAINED A LITTLE MORE, AND HE GOES, WELL, YOU SHOULD JUST STAY HOME. HE SAID IT TWICE TO ME. I WAS LIKE THIS IS A LITTLE RIDICULOUS. ANYWAY, WHAT I'M PROPOSING IS THERE A WAY FOR US RESIDENTS THAT LIVE SOUTH OF KING STREET TO MAYBE GET A STICKER ON OUR CAR OR SOMETHING SO THAT WE CAN GO HOME RATHER THAN GET INTO THE MESS OF ALL THE TRAFFIC THAT IS GOING IN THE OTHER DIRECTION. THAT'S WHAT I WOULD PROPOSE. THANK YOU. >>THANK YOU. MARTA HAN. FOLLOWED BY ANNE SOLOMON. >>THANK YOU SO MUCH, EVERY ONE OF YOU, FOR SERVING OUR CITY. I'M HERE TO COMMENT ON THE NEED TO EMPHASIZE SOMEHOW THE PEDESTRIAN CROSSWALK RIGHT ON WEST KING BEFORE PALMER. THERE IS A LIGHT ON PALMER. BEFORE THAT, I DON'T KNOW HOW MANY FEET TOWARDS THE WATER IT IS, BUT WEST KING WEDNESDAYS HAS REALLY PICKED UP. THERE ARE LOTS OF FAMILIES. MANY OF US WALK THERE. I LIVE ON 45 FLORID AVENUE. IT IS DANGEROUS BECAUSE IT'S NOT NOTICEABLE. YOU CANNOT SEE IT. PEOPLE DO NOT EXPECT TO HAVE A PEDESTRIAN CROSSWAY. SOMETHING NEEDS TO IS THERE ALREADY, BUT IT NEEDS TO BE REPAINTED, EMPHASIZE SOMEHOW WITH LIGHTS OR THOSE LITTLE FLAGS THAT THEY USE AT THE BEACH, SOMETHING BECAUSE I DO NOT WANT TO WAIT FOR AN ACCIDENT TO DO HAPPEN, WHICH IS WHAT'S GOING TO HAPPEN, IF WE DON'T EMPHASIZE, BECAUSE THE USE OF THAT BLOCK THERE HAS GREATLY INCREASED. WITH THAT, THANK YOU MUCH. >> PARDON ME. IF YOU DON'T MIND. I WANT TO CLARIFY WHAT CROSSING IT IS BECAUSE THERE'S A COUPLE OF PEDESTRIAN CROSSINGS. IS THAT THE ONE IN FRONT OF SCREEN ARTS OR SAIL BIRDS? CROSSES BETWEEN THAT. >> LIKE BLUE HEN AND THAT IS BEFORE PALMER. IF YOU'RE GOING DOWN LU HEN. IT'S BEFORE PALMER IS THE ONLY CROSS. >> MR AND BLUE HEN. YES. THAT ONE'S BEEN THERE A LONG TIME. THANK YOU. >> THANK YOU. >> THE NAME OF IT AN SOLOMON FOLLOWED BY RYAN BLISS. >> AN SOLOMON, 75 A PALMER STREET. THAT IS A CROSSWALK WE'RE TALKING ABOUT, THE ONE THAT'S DIRECTLY BETWEEN BUENO ONDA AND THE BLUE HEN RIGHT THERE. I AM A RESIDENT THERE ON PALMER STREET. ALMOST DAILY I WALK THAT, AND AS WE ALL WANT, WEST KING HAS GROWN AND CONTINUES TO GROW, AND THAT'S WHAT WE WANT. I THINK WE JUST NEED TO LOOK AT IT. I'M NOT COMPLAINING ABOUT IT. I'M JUST SAYING IT'S DANGEROUS. WE JUST WANT TO LET YOU KNOW THAT BECAUSE IF WE DON'T SAY ANYTHING, YOU CAN'T DO ANYTHING. I WANT TO SAY, DAVID, HANDS OFF. I KNOW THERE'S GOING TO BE PEOPLE COMPLAINING. WE WEREN'T TRYING TO MAKE NIGHT OF LIGHTS PERFECT, BUT YOU DID AN INCREDIBLE JOB THINKING ABOUT IT WORKING. >> MADAM. PLEASE ADDRESS THE COMMISSION. >> I'M SORRY. I THINK NIGHT OF LIGHTS WAS VERY SUCCESSFUL IN TERMS OF TRAFFIC IN MY NEIGHBORHOOD, WHICH IS THAT WEST KING AREA. I THINK THAT THERE WERE OTHER ISSUES HERE AND THERE, BUT I DON'T SEE HOW WE COULD SOLVE EVERYTHING IN ONE FELL SWOOP. [00:50:03] WE'RE GOING TO LEARN FROM OUR MISTAKES HOPEFULLY THIS YEAR AND TRY TO MAKE THINGS BETTER NEXT YEAR. I APPRECIATE ALL THAT WAS DONE. THANK YOU. >> THANK YOU. SOLOMON. FOLLOWED BY BRIAN BLISS, FOLLOWED BY SCOTT YORK. GOOD EVENING. >> GOOD EVENING. HOW YOU DOING? I WANTED TO SAY HAPPY NEW YEAR TO YOU GUYS. MY NAME IS BRIAN BLISS, AND I LIVE IN DAVID SHOES. I'M A FLORIDA NATIVE, AND I LOVE THE CITY OF ST. AUGUSTINE. IT'S THE FIRST TIME I'VE EVER BEEN ABLE TO BE A FULL-TIME RESIDENT HERE. I JUST LOVE IT AND I LOVE IT SO MUCH. WE STARTED A NEW BUSINESS HERE CALLED ANCHOR EATS. IT'S A DELIVERY STYLE SERVICE ON THE WATER TO PROVIDE A SERVICE TO OUR BOATING COMMUNITY AND OUR BOATERS AND OUR VISITORS THAT COME BY WATER HERE. IT'S SUCH A WONDERFUL THING TO BE ABLE TO HAVE A BUSINESS AND WORK IN THIS CITY AND LIVE IN THIS CITY IT'S SUCH A MAGICAL CITY AND YOU GUYS DO A WONDERFUL JOB. I JUST WANT TO THANK YOU. YOU'RE GOING TO HEAR ALL STUFF TODAY AND UPS AND DOWNS, AND I WANT TO SAY, THANK YOU. I LOVE THIS CITY. THERE'S A CRUISERS NETWORK THAT'S SERVICE THAT WE PROVIDE THROUGH THE CITY MARINA, AND THROUGH THE CITY, IT'S A VOLUNTARY THING. WHERE WE DO ANNOUNCEMENTS ON THE RADIO AND THE VHF RADIO AND THEN ONLINE ON FACEBOOK. IT'S CALLED THE ST. AUGUSTINE CRUISERS NETWORK. WHAT WE DO IS WE GIVE OUR LOCAL BOATING COMMUNITY A CHANCE TO CONNECT WITH OUR VISITORS THAT COME BY BOAT, AND WE GIVE THEM VALUABLE INFORMATION. WE JUST HELP BUSINESSES THAT ARE HERE TO SELL THEIR PRODUCTS AND SELL THEIR SERVICES TO THE VISITORS HERE IN ST. AUGUSTINE. AGAIN, THAT'S WHAT WE DO WITH ACHORTS. WE TRY TO SHARE THE SERVICES AND THE RESTAURANTS AND THE DIVERSE SERVICES AND THE BUSINESSES THAT WE HAVE IN ST. AUGUSTINE, WE LIKE TO SHARE THAT WITH OUR VISITORS AND STUFF. I JUST WANT TO GET UP HERE. IT'S NERVOUS TO GET UP HERE, I'VE NEVER DONE THIS, AND I JUST NEVER STOOD IN FRONT OF THE MAYOR. I THINK THAT'S PRETTY COOL. I JUST WANTED TO SAY, HAPPY NEW YEAR, REGARDLESS OF ALL THIS STUFF THAT YOU HEAR, THE NEGATIVE AND STUFF, JUST KNOW, THIS IS A BEAUTIFUL CITY. THANK YOU SO MUCH FOR WHAT YOU DO, AND I'M GOING TO SIT HERE AND WATCH THE SHOW. SO THANK YOU VERY MUCH. IF YOU'RE EVER ON THE WATER, CALL US, WE'RE ANCHOR EATS. THANK YOU VERY MUCH. >> ALL RIGHT, MR. BLISS, THANK YOU. SCOTT YORK, FOLLOWED BY PATRICIA RAMOS. >> SCOTT YORK, 29 SPANISH STREET, THE MOST HARMING STREET IN ST. AUGUSTINE. JUST LIKE THAT, THE 2025 NIGHTS OF LIGHT SEASON HAS COME TO AN END. I'VE SAID IT BEFORE, AND I'LL SAY IT AGAIN AND AGAIN. I ABSOLUTELY LOVE NIGHTS OF LIGHT CELEBRATION. I'M THE ONLY PERSON THAT I KNOW OF THAT WENT OUT EVERY SINGLE NIGHT DURING NIGHTS OF L LIGHTS. EVEN THE TWO RAINY SATURDAYS THAT WE HAD. I TOURED THE TOWN ON FOOT IN A GOLF CART WITH THE GRINCH, ON A BOAT WITH CAPTAIN DAVE, AND MOST RECENTLY, THIS PAST SATURDAY ON A CHARMING RIDE WITH MS. CARLY ON A HORSE AND CARRIAGE. MEN, THE CITY STAFF, CITY MANAGER, CITY COMMISSION, AS WELL AS THE TDC, AND THE COUNTY COMMISSION FOR EACH DOING THEIR PART TO HELP MAKE THIS THE MOST SUCCESSFUL AND WELL PLANNED NIGHTS OF LIGHTS EVENT THIS CITY HAS EVER SEEN. LAST YEAR, WE REACHED A POINT OF CRITICAL MASS. THIS COMMUNITY STOOD TOGETHER, EVEN THOUGH WE EACH HAD DIFFERENT VIEWS ON HOW TO ACCOMPLISH IT, WE STOOD TOGETHER AND SAID, HOW CAN WE MAKE THIS BETTER, AND WE DID IT. NOW LET'S TAKE A COLLECTIVE BREATH AND A COUPLE OF DAYS OF REST. BECAUSE THIS FRIDAY, WE WELCOME THOUSANDS MORE VISITORS FROM ALL OVER THE WORLD TO HONOR DOCTOR MARTIN LUTHER KING AND TO CELEBRATE THE GREAT WORK THAT HE DID IN ST. AUGUSTINE DURING THE CIVIL RIGHTS MOVEMENT. THIS IS A TOWN THAT WAS RECENTLY VOTED, ONE OF THE TOP TEN FRIENDLIEST CITIES IN THE WORLD. SOME OF THOSE AWARDS WE PAY FOR. BUT THIS ONE, IN PARTICULAR, WE EARNED IT. AS I MET VISITORS FROM ALL OVER THE GLOBE, INCLUDING FAMILIES FROM JORDAN, AUSTRALIA, CANADA, THE UK, SAUDI ARABIA, INDIA, AND EVEN MADE A NEW FRIEND FROM IRAN. THERE WERE TWO THINGS I HEARD OVER AND OVER AGAIN. NUMBER ONE, I DON'T UNDERSTAND WHY THEY LET CARS DRIVE ON THESE NARROW STREETS. MY RESPONSE WAS ALWAYS WELL. I'M ABOUT TO SHOW YOU THE MOST CHARMING STREET IN ST. AUGUSTINE, WHICH IS A PILOT PROJECT FOR OTHER THAN THE DOWNTOWN CORE. NUMBER 2. WE LOVE HOW SAFE IT FEELS HERE IN ST. AUGUSTINE. THIS WAS FROM BOTH FIRST TIME VISITORS, AS WELL AS THOSE RETURNING HERE FOR THEIR ANNUAL NIGHTS OF LIGHTS VISITS. ONE OF THE THINGS THAT HELPED MOST CONTRIBUTE TO THAT WAS THE MERIDIAN BARRICADES, WHICH WERE DEPLOYED AS A MAJOR PART OF OUR PUBLIC SAFETY POLICY. I STAND BEFORE YOU TONIGHT TO IMPLORE YOU TO KEEP THESE IN PLACE YEAR ROUND FOR THE SAFETY OF OUR RESIDENTS, VISITORS, AND WORKFORCE ALIKE. WE CAN'T JUST TAKE SAFETY SERIOUSLY 58 NIGHTS OUT OF THE YEAR. WE NEED YOUR HELP 365 DAYS EACH YEAR. I ALSO WANT TO THANK CHIEF JENNIFER MICHAUX FOR ALL OF THE HARD WORK, DEDICATION, [00:55:01] AND 30 YEARS OF SERVICE TO THE CITY, AND WELCOME CHIEF JON MARSTON TOMORROW. THANK YOU. >> THANK YOU. PATRICIA RAMOS, FOLLOWED BY EAMAN DORAN. >> MA'AM. COULD YOU PLEASE OTHER PEOPLE ARE WAITING TO SPEAK. THIS IS QUITE OFTEN WHEN YOU COME TO THE PODIUM, WE TAKE 30 SECONDS OR SO TO SPEAK. >> I THOUGHT WEREN'T SUPPOSED TO ATTACK EACH OTHER. >> NO, I AM SPEAKING. IN THE FUTURE, PLEASE COME PREPARED WHEN YOU COME TO THE PODIUM. >> I DID, BUT IT WAS BACKWARDS. UPSIDE DOWN. IT WASN'T LIKE THAT LAST TIME. HOW TO FIX IT. HELLO. MY NAME IS PATRICIA, AND I'M HERE TO SPEAK UP FOR THE HORSES. ON DECEMBER 4 BETWEEN THE HOURS OF 9:00 AND 10:00 P.M., THERE WAS A DANGEROUS INCIDENT INVOLVING TWO HORSE DRAWN CARRIAGES. IN THE FIRST CARRIAGE, A CUSTOMER REPORTEDLY SUFFERED AN ASTHMA ATTACK. THE DRIVER OF THE DOUBLE HORSE CARRIAGE ASKED FOR HELP FROM A PASSING SINGLE HORSE CARRIAGE. THE SECOND DRIVER LEFT HER OWN OCCUPIED CARRIAGE UNATTENDED TO ASSIST. BY DOING SO, SHE PLACED NOT ONLY THE PUBLIC AND THE HORSE AT RISK, BUT ALSO HER OWN PASSENGERS. AS FOR WITNESS, ONE OF THEM SUPPOSEDLY PASSED OUT WHILE THE OTHER INJURED THEIR LOWER BACK AS THEY HAD TO GRAB THE REINS TO STOP THE SUDDENLY SPOOKED HORSE THAT TOOK OFF ON A BUSY STREET. THIS IS EXACTLY WHAT HAPPENS WHEN AN ANTIQUATED AND CRUEL INDUSTRY IS STILL ALLOWED TO OPERATE WITHOUT REAL SAFEGUARDS, CHAOS, DANGER, AND PREVENTABLE HARM. HERE'S ANOTHER CRASH REPORT. A CARRIAGE DRIVER ADMITS STARTLED HORSE GALLOPED OUT OF CONTROL, STRIKING A VEHICLE AND ENDING UP, STRIKING A LIGHT POLE, CAUSING DAMAGE. I WONDER WHO PAID FOR THAT. ANOTHER INTERESTING TIDBIT IS THAT NOT ONLY WAS IT COUNTRY CARRIAGES, BUT THAT THE OPERATOR DID NOT HAVE THE BUSINESS INSURANCE TO GIVE TO THE OFFICER. THE OFFICER ALSO STATED THAT AT THE TIME OF THE REPORT, OWNER, BILL KUSHAN STILL HAD NOT REPRESENTED THE REQUESTED INFORMATION. WE RECENTLY FOUND OUT THAT THERE IS SOMEONE LIVING ON THE LEASE PROPERTY AS STATED BY THE COMMISSION AT THE LAST MEETING, ANOTHER OFFENSE TO THE LEASE AGREEMENT. WHICH LET'S NOT FORGET THE FACT THAT THEY WERE HOUSING A GOAT AND SMALL HORSES, BOTH NOT A PART OF THE HORSE CARRIAGE COMPANY. ALL OF THESE VIOLATIONS AS PER THE AGREEMENT ARE SUPPOSED TO BE CAUSE FOR INDEFINITE TERMINATION. WHY IS THERE SO MUCH FAVORITISM TO AN INDUSTRY THAT ALLOWS LOSSES AND MONEY TO ST. AUGUSTINE? WE CANNOT IGNORE THE WILLFUL BLINDNESS TOWARDS THE DOCUMENTED ANIMAL ABUSE. PLEASE KEEP THIS PLAYING. THERE WAS ALSO A NEW HORSE, LISA, WHO WAS OVERWORKED WHILE HAVING A HERNIA, DIED IN DECEMBER, AND YET SHE'S LISTED AS RETIRED. NOW THERE'S A HIGHLY CONTAGIOUS STRANGLES OUTBREAK AT THE TOWN LEAST BARNS OF COUNTRY CARRIAGES. THEY WERE GIVING TOURS THIS WEEKEND, BY THE WAY. ARE THEY CONTAMINATING THEIR RESIDENTS TOO WITH THE MANURE THEY ALWAYS TRANSFER? HOW ARE WE SUPPOSED TO TRUST THAT IT IS BEING HANDLED SAFELY WHEN THERE HAS BEEN NO ACCOUNTABILITY FOR FROM EITHER PARTIES? THREE MINUTES IS NOWHERE NEAR ENOUGH TIME TO LAY OUT THE FULL SCOPE OF THE VIOLATIONS AND MISTREATMENT THESE HORSES ENDURE. WHEN SERIOUS HARM IS HAPPENING, LIMITING THE PUBLIC TO A FEW RUSH SENTENCES DOES NOT CREATE TRANSPARENCY. IT SILENCES IT. THE REAL QUESTION IS, WHY ARE THE ABUSERS BEING PROTECTED AND WHY ARE THE HORSES BEING KEPT OFF THE AGENDA? IF YOU TRULY CARE ABOUT INTEGRITY AND PUBLIC TRUST, THEN WE MUST ALLOW ENOUGH TIME AND A PROPER PLACE AND AGENDA FOR THE HORSES TO BE REPRESENTED FULLY AND TRUTHFULLY. DON'T UNSEE THAT. THANK YOU. >> THANK YOU VERY MUCH. EAMAN DORAN FOLLOWED BY MARTHA MIKLER. >> GOOD EVENING. MY NAME IS EAMAN DORAN. I AM A RESIDENT OF ST. AUGUSTINE. [NOISE] THANK YOU FOR THE OPPORTUNITY TO SPEAK. I'M HERE TO SUPPORT NAMING A STREET IN LINCOLNVILLE IN HONOR OF JANIE PRICE, A WOMAN WHOSE QUIET COURAGE AND LIFELONG SERVICE HELPED SHAPE BOTH THE NEIGHBORHOOD AND THE BROADER CIVIL RIGHTS MOVEMENTS IN ST. AUGUSTINE. [01:00:02] I NEVER MET JANIE PRICE. I JUST MOVED HERE RECENTLY, BUT SOME OF MY NEIGHBORS KNEW MS. JANIE, AS SHE WAS AFFECTIONATELY KNOWN VERY WELL. [NOISE] SOME OF MY NEIGHBORS KNEW MS. JANIE, AS SHE WAS AFFECTIONATELY KNOWN, WELL, OTHERS ONLY KNEW MS. JANIE FROM HER PERCH ON THE FRONT PORCH, AS SHE WOULD SMILE AND WAVE TO PEOPLE AS THEY WALKED BY. JANIE WAS A NURSE, A CAREGIVER, AND A NEIGHBOR WHO SERVED THE COMMUNITY WITH WHEN ACCESS TO MEDICAL ASSISTANCE AND CARE WAS LIMITED AND UNEQUAL. LONG BEFORE THERE WERE FORMAL SYSTEMS TO HELP, SHE DID AT ALL HOURS TO ANYONE WHO NEEDED. DURING THE CIVIL RIGHTS MOVEMENT, SHE ALSO OPENED HER HOME IN LINCOLNVILLE FOR MOVEMENT LEADERS, INCLUDING MARTIN LUTHER KING JR. AT GREAT PERSONAL RISK. HER HOUSE WAS NOT JUST A PLACE TO STAY, IT WAS A PLACE OF SAFETY, STRATEGY, AND RESOLVE AT A CRITICAL MOMENT IN THE HISTORY OF ST. AUGUSTINE. LINCOLNVILLE HAS ALWAYS BEEN A COMMUNITY BUILT ON RESILIENCE, SERVICE, AND COURAGE, NAMING A STREET AFTER JANIE PRICE WOULD HONOR THOSE VALUES AND ENSURE THAT FUTURE GENERATIONS KNEW THAT THE CIVIL RIGHT MOVEMENT WAS SUSTAINED, NOT ONLY BY LEADERS, BUT ALSO BY LOCAL PEOPLE WHO STOOD UP, STEPPED UP AND CARED FOR OTHERS. JANIE PRICE REMINDS US THAT LEADERSHIP DOESN'T ALWAYS COME FROM A PODIUM. SOMETIMES IT COMES FROM A FRONT PORCH, A KITCHEN TABLE OR A NEIGHBOR ANSWERING KNOCK AT THE DOOR AT THE MIDDLE OF THE NIGHT. I THINK RECOGNITION WOULD BE A FITTING AND EDUCATIONAL, AND IT'S LONG OVERDUE. I JUST WANT TO REITERATE OR SUPPORT WHAT MR. BLISS SAID, I JUST MOVED HERE, LOVE THE TOWN, VERY CONVENIENT, VERY MANAGEABLE. I THINK YOU GUYS DID A GREAT JOB, GREAT DECISION TO ALLOW PEOPLE TO MAKE A LEFT WHEN THEY GET OVER THE BRIDGE. IT'S BEEN VERY HELPFUL IN ALLEVIATING THE PRACTICE. HAPPY NEW HERE. THANK YOU VERY MUCH. >> THANK YOU. NEXT SPEAKER, MARTHA MIKLER IS OUR NEXT SPEAKER. NEXT TO LAST AFTER THIS, WE'LL HAVE OUR LAST SPEAKER. MS. MIKLER. >> GOOD EVENING. I'M MARTHA MIKLER. I LIVE ON SPANISH STREET. HAPPY NEW YEAR, AND CONGRATULATIONS FOR COMPLETING ANOTHER NIGHT OF LIGHTS EVENT. I WANT TO THANK THE COMMISSION AND YOUR STAFF FOR AN IMPROVED CITY NIGHT OF LIGHTS EVENT THIS YEAR. THERE'S SEVERAL POINTS I'D LIKE TO SHARE WITH YOU TONIGHT. REGARDING THIS RECENT NIGHTS OF LIGHTS. FIRST, THE REVISED CALENDAR THIS YEAR HAD SEVERAL POSITIVE RESULTS. BEGINNING THE EVENT A WEEK BEFORE THANKSGIVING WAS HELPFUL TO THOSE OF US WHO PARTICIPATE BY LIGHTING OUR HOMES WITH THE WHITE LIGHTS. OUR DOWNTOWN HISTORIC NEIGHBORHOOD REALLY TAKES GREAT PRIDE IN DECORATING EACH YEAR FOR THE NIGHTS OF LIGHTS AND SHARING OUR BEAUTIFUL NEIGHBORHOOD WITH SO MANY PEOPLE THAT WALK DOWN OUR STREET. ENDING THE EVENT ON JANUARY 11 HAS ALSO BEEN A PLUS FOR US. RESIDENTS FEEL LIKE WE NOW HAVE OUR HISTORIC TOWN BACK. THE SECOND POSITIVE CHANGE INCLUDED THE NEIGHBORHOOD RESIDENT PARKING PLAN. THE BARRIERS SET UP ON US ONE PREVENTED EXCESSIVE TRAFFIC IN THE NEIGHBORHOODS. JUST THE OTHER EVENING, I HEARD FROM A RESIDENTS IN THE FLAGLER MODEL AND THAT THIS WAS THE BEST NIGHT OF LIGHTS EVENT IN YEARS. THANK YOU FOR IMPLEMENTING THIS PLAN. THE THIRD CHANGE OF ADDING BARRIERS DOWNTOWN REINFORCED A SAFER CENTER OF TOWN FOR ALL OUR VISITORS AND FAMILIES. I WALK DOWN TREASURY STREET MANY TIMES EACH WEEK. THE BARRIERS KEEPING TRAFFIC FROM CROSSING THE INTERSECTION AT ST. GEORGE STREET HAS CERTAINLY PROVIDED A MUCH SAFER ENVIRONMENT FOR THE HUNDREDS OF PEOPLE WALKING DOWN ST. GEORGE STREET. I HOPE YOU WILL CONTINUE TO RESTRICT VEHICLE TRAFFIC FROM CROSSING THIS INTERSECTION FOR SAFETY REASONS. PROVIDING ADDITIONAL RESTROOMS THROUGHOUT THE DOWNTOWN AREA WAS ALSO A BIG SAFETY FACTOR AND CONVENIENCE FOR OUR VISITORS. THE NIGHT OF LIGHTS APP WAS VERY HELPFUL AND I KNOW THIS WAS A JOINT COOPERATIVE EFFORT WITH OTHER AGENCIES, [01:05:01] BUT I HEARD MANY PEOPLE RESPOND TO HOW THAT HELPED THEM WITH PARKING. THE CAMERA REVIEWS ALSO ALLOWED US TO LOOK AT ST. GEORGE STREET AND SEE JUST HOW CROWDED IT WAS. THERE ARE AREAS THAT WE CAN CONTINUE TO IMPROVE AS PLANS ARE MADE FOR NEXT YEAR. ONE THAT I HOPE YOU CAN EXPAND IS EMPLOYEE PARKING. SMALL BUSINESSES CAN USE MORE HELP WITH THEIR EMPLOYEE PARKING. I'M SURE YOU'VE BEEN RECEIVING SUGGESTIONS FOR WAYS TO IMPROVE NEXT YEAR'S EVENT. I HEARD THIS MORNING THAT YOU'LL BE DISCUSSING PLANS AT YOUR FIRST FEBRUARY MEETING, AND I LOOK FORWARD TO THOSE COMMENTS. I ENCOURAGE YOU TO TAKE YOUR TIME AND EVALUATE ALL THE DATA BEFORE SCHEDULING NEXT YEAR'S EVENT THANK YOU AGAIN TO EVERYONE WHO MADE IT SUCH SUCCESSFUL. THANK YOU. >>THANK YOU VERY MUCH. PUBLIC COMMENT WILL CLOSE. YOU HAVE A CARD? IF YOU'LL BRING THE CARD FORWARD TO THE CLERK AND THEN YOU CAN COME TO THE PODIUM. >> GOOD EVENING. ERIN JOCKERS, 920 OAK RIDGE ROAD. MY NAME IS ERIN JOCKERS. I OWN LEGACY CARRIAGE, LLC. I'M HERE TO SUPPORT MY INDUSTRY, AS WELL AS ALL THE CARRIAGE COMPANIES DOWNTOWN. WE RECENTLY LEARNED ABOUT THIS QUARANTINE. I STRESSED THAT OUR HORSES ARE NOT KEPT ON CITY PROPERTY. THEY ARE NOT AFFECTED AND ARE BEING CONSISTENTLY MONITORED FOR ANY SIGNS OR SYMPTOMS. COUNTRY CARRIAGE IS NOT RUNNING SICK HORSES ON THE STREETS OF ST. AUGUSTINE. THEY'RE JUST NOT. THESE HORSES THAT ARE GIVING THEIR TOURS ARE PROVIDED BY OTHER COMPANIES TO FULFILL PREVIOUS BOOKINGS AND SATISFY THE DEMAND THAT WAS ALREADY MADE. WE WILL CONTINUE TO FOLLOW AND ABIDE BY THE DIRECTION FROM THE CITY OF ST. AUGUSTINE THROUGHOUT THE DURATION. THANK YOU. >> THANK YOU. ALL RIGHT. I HAVE ONE LAST SPEAKER CARD. DOES ANYONE ELSE HERE WISH TO SPEAK DONOR GENERAL PUBLIC COMMENTS? OTHERWISE, WE'LL MOVE TO THE LAST SPEAKER. NO ONE'S COMING FORWARD, MISS PLATE. >> BJ CLAY TO WEST CITY OF ST. AUGUSTINE. I WANT TO EXPLAIN TO YOU WHAT I SAW THE NIGHTS OF LIGHTS IN WEST CITY. THE FIRST TIME. THE FIRST THING WAS ON 20 DECEMBER THAT WAS SATURDAY AT 5:15. VEHICLES WERE DRIVING FROM THE BROWDY LOT OVER TO 100 SOUTH POND, WHICH IS A VACANT LOT. THEY HAD TO CROSS THE STREET, AND THEY HAD THEY WERE BACKED UP HERE BECAUSE SOMEONE AT THIS LOT, 100 SOUTH PONDS, WAS STOPPING THE TRAFFIC TO TAKE MONEY FROM THEM. THEN THAT WAS ON THE 20TH. THAT WAS THE SATURDAY. THIS IS THE WAY I GO HOME. I TRY NOT TO BE OUT THAT LATE, BUT THIS IS 3:00 IN THE AFTERNOON ON THE 27TH. WHAT HAPPENED THEN WAS VEHICLES THAT WERE GOING EAST HEADED EAST, CROSSED OVER THE AREA TO GET TO THE ROWDY LOT. I KNOW PEOPLE DON'T KNOW WHAT'S GOING ON, BUT THERE'S NO ONE THERE TO SEE WHAT IS HAPPENING ON WEST KING STREET. THIS IS CAUSING WOOPS. IT WENT AWAY, MISS DON. THANK YOU SO MUCH. IT'S CAUSING SAFETY ISSUES IN THE WEST CITY CRA AREA. WE NEED TO BE AWARE OF THAT, NOT JUST WHAT'S HAPPENING ON DAVID SHORES, AND OTHER PLACES TOO WITH THE TRAFFIC. I DON'T BELIEVE ANYBODY ELSE SAID ANYTHING ABOUT THIS, BUT I WANTED TO BRING THE ATTENTION OF EVERYBODY HERE TO. IT'S AFFECTING US TOO IN THE WEST AREA. ON YOUR 10B AGENDA ITEM. AMENDING THE LEASE WITH BROWDY FOR A GARAGE TO 100 YEAR TERM SO IT CAN QUALIFY FOR PROPERTY TAX EXEMPTIONS. THAT'S WHAT YOU'RE GOING TO BE TALKING ABOUT. MY QUESTION IS, DOES THIS MEAN THE CITY WILL NOT PAY PROPERTY TAXES ON THE GARAGE? ANOTHER QUESTION. WHO WILL PAY THE RENT SCHEDULE OF $104.6 MILLION IN 30 YEARS. THERE NEEDS TO BE REAL CLARIFICATION WHENEVER YOU START TALKING ABOUT THIS ITEM. ANOTHER QUESTION, WILL THE WEST CITY CRA PROPERTY TAXES, WHICH I PAY INTO NOW BE USED TO PAY FOR BROWDY'S GARAGE? [01:10:01] THERE NEEDS TO BE SOME CLARIFICATION ON THE MONEY SITUATION OVER THERE. THE LEASE AND EVERYTHING IS A LOT OF MUMBO JUMBO, SOME OF US AREN'T INTO MUMBO JUMBO, BUT IT HAS TO BE WRITTEN THAT WAY, BUT IT NEEDS TO BE CLARIFIED FOR OUR AREA OF TOWN. ALSO, THERE'S A PCA MEETING ON 15 JANUARY AT THE COUNTY. THERE WAS AN AGENDA ITEM NUMBER FIVE WHERE THEY WANTED TO PUT A OPM TREATMENT PLACE AT 8:40 WEST KING STREET, WHICH IS WHERE THE OLD FAMILY DOLLAR WAS AND IS NO LONGER THERE. BUT IT'S BEEN WITHDRAWN. SO IF ANYBODY'S LISTENING TO THIS IN THE COUNTY, THAT WILL NOT BE HEARD BECAUSE IT WAS WITHDRAWN, NOT THE RIGHT PLACE FOR THAT KIND OF BUSINESS. THANK YOU. >> THANK YOU. THAT IS THE END OF PUBLIC COMMENTS. I WANT TO MAKE ONE COMMENT BEFORE WE MOVE ON. I WAS TOLD THAT OUR FOLKS DID COME IN THE ROOM FROM THE BETTY GRIFFIN CENTER. APPARENTLY, KELLY FRANKLIN IS IN THE ROOM. MISS FRANKLIN, WE DID GO AHEAD AND DO THE AWARD OF THE PROCLAMATION AND THE READING OF THE PROCLAMATION. BUT A COPY OF IT IS IN THE BACK OF THE ROOM, IF YOU'D LIKE TO MEET THE STAFF A HANK YOU. THANK YOU. I JUST WANTED TO MAKE THAT ANNOUNCEMENT AND RECOGNIZE IT THAT YOU DID COME. THANK YOU FOR BEING HERE. WITH THAT SAID, WE'RE GOING TO MOVE ON TO THE CONSENT AGENDA, MR. CITY MANAGER. [5. CONSENT AGENDA] >> MADAM MAYOR VICE MAYOR AND COMMISSIONERS TONIGHT'S CONSENT AGENDA INCLUDES THE FOLLOWING ORDINANCE, WHICH IS TENDED TO BE SCHEDULED FOR SECOND READING ON JANUARY 26, ORDINANCE 2020 6-02, AMENDING THE FUTURE LAND USE DESIGNATION OF APPROXIMATELY 1.9 ACRES AT SEVEN OLD MISSION AVENUE. WE HAVE A REMINDER OF UPCOMING MEETINGS FOR THE JANUARY 26, 03:00 P.M. CRA AGENCY MEETING, THE JANUARY 26, 5:00 P.M. REGULAR CITY COMMISSION MEETING, THE FEBRUARY 9, 5:00 P.M. REGULAR CITY COMMISSION MEETING, AND THE FEBRUARY 23, 5:00 P.M. REGULAR CITY COMMISSION MEETING. WE HAVE APPROVAL OF THE MINUTES FROM THE REGULAR CITY COMMISSION MEETING OF NOVEMBER 10, 2025. WE HAVE A RELEASE OF LIEN FOR 80 ANDERSON STREET, R E R PRO INVEST LLC. WE HAVE A INVOICE FOR OUR EMINENT DOMAIN, LAKE MARIA SANCHEZ, PROFESSIONAL SERVICES, AND WE HAVE THE NOMINATION OF JEN LAMBERT FOR THE RED CEDAR AWARD FOR ENVIRONMENTAL IMPACT SPONSORED BY VICE MAYOR BARBARA BLONDER. THAT CONCLUDES OUR CONSENT AGENDA THIS EVENING. >> WONDERFUL. I MOVE THAT WE PASS THE CONSENT AGENDA AS PRESENTED. >> SECOND. >> ANY COMMENTS OR DISCUSSION? MADAM CLERK, PLEASE CALL THE ROLL. >> NANCY SIKES KLINE. >> YES. >> JIM SPRINGFIELD? >> YES. >> JOHN PRATER? >> YES. >> CYNTHIA GARRIS? >> YES. >> BARBARA BLONDER? >> YES. >> WONDERFUL. NEXT ITEM ON THE AGENDA, OUR APPEALS, [6.A. Sufficiency Determination related to an Appeal filed against a Planning and Zoning Board (PZB) Approval of the Construction of a Retaining Wall for a City Project along Inlet Drive (A. Skinner, Planning and Building Director)] ITEM 6A IS THE SUFFICIENCY DETERMINATION RELATED TO THE APPEAL THAT WILL BE FOLLOWING. MISS SKINNER, YOU ARE WELCOME TO PRESENT. GOOD EVENING. >> GOOD EVENING. MY NAME IS AMY SKINNER. I'M THE DIRECTOR OF THE PLANNING AND BUILDING DEPARTMENT. ITEM IS THE FIRST ACTION REQUIRED BY THE CITY COMMISSION RELATED TO AN APPEAL FILED BY A REPRESENTATIVE FOR THE PROPERTY OWNERS AT 1:40 INLET DRIVE. THE APPEAL APPLICATION DESCRIBES THE GROUNDS FOR THIS APPEAL, STATING THAT A PLANNING AND ZONING BOARD UNANIMOUS APPROVAL OF AN APPLICATION TO BUILD A RETAINING WALL ALONG A SECTION OF INLET DRIVE, FAILED TO CONSIDER IMPACTS ON THE SCENIC VISTA, PUBLIC ACCESS SHOWED AN UNWILLINGNESS BY THE CITY TO ALTER THE PROJECT, AND A LACK OF EVIDENCE, INCLUDING FAILING TO MEET THE 17 CRITERIA OF THE CONSIDERATIONS FOR CONSERVATION OVERLAY ZONE DEVELOPMENT IN CHAPTER 11 OF THE LAND DEVELOPMENT CODE. THE APPEAL APPLICATION ALSO ASSERTS THAT THE PROPERTY OWNERS WERE NOT PROPERLY NOTIFIED FOR THE PCB HEARING. THE CITY COMMISSION MUST FIND THAT THE APPEAL APPLICATION FOR THE PROPERTY OWNERS, DEMONSTRATES THAT THEY HAVE LEGAL STANDING, AND THAT IT IS COMPLETE AND THEREFORE SUFFICIENT TO BE HEARD. THE APPEAL IS FILED ON BEHALF OF THE AFFECTED PROPERTY OWNERS BY JAMES WHITEHOUSE ESQUIRE, RELATED TO THE PLANNING AND ZONING BOARD APPROVAL OF A CITY APPLICATION TO CONSTRUCT A RETAINING WALL WITHIN CONSERVATION. CONSERVATION OLAY ZONES ONE AND TWO ON CITY PROPERTY AND ADJACENT PROPERTY ALONG INLET DRIVE. ALL PROCEDURAL ASPECTS OF THE PCB HEARING WERE CORRECTLY FOLLOWED, [01:15:09] AND THE WRITTEN ORDERS ACCOMPANYING THESE HEARINGS WERE PROPERLY NOTATED. ALL REQUIRED NOTIFICATIONS WERE PROPERLY DONE ACCORDING TO THE CITY'S LAND DEVELOPMENT CODE REQUIREMENTS. THE APPEAL APPLICATION IS COMPLETE, WAS SUBMITTED IN A TIMELY MANNER, AND THE PROPERTY OWNED BY THE APPELLANTS IS ADJACENT TO THE PROJECT AREA. A VERBATIM TRANSCRIPT WAS INCLUDED WITH THE APPEAL APPLICATION. THIS IS A REQUEST FOR THE CITY COMMISSION TO DETERMINE IF THE APPEAL IS SUFFICIENT TO BE HEARD AT A PUBLIC HEARING. THIS DETERMINATION MUST BE MADE BEFORE THE APPEAL CAN BE PROPERLY HEARD BY THE CITY COMMISSION. THANK YOU, AND I'M AVAILABLE IF YOU HAVE ANY QUESTIONS. >> THANK YOU. I DO HAVE PUBLIC COMMENTS, BUT WE'LL HOLD THOSE UNTIL ITEM B6B, WHICH IS ACTUALLY THE HEARING ITSELF, CORRECT? >> SURE. FIRST THING IS, YOU KNOW, OBVIOUSLY, EX PARTE HAS TO BE DISCLOSED BY ANYONE WHO'S HAD EX PARTE DISCUSSIONS. SECONDLY, FOR FOLKS WHO ARE IN THE AUDIENCE, THIS FIRST PORTION IS SIMPLY A TECHNICAL REVIEW OF WHETHER OR NOT THE PERSON WHO IS ASKING FOR THE APPEAL HAS SUFFICIENT BASIS TO REQUEST AN APPEAL HEARING AND FOLLOWED ALL OUR PROCEDURE, PROVIDED THE FORMS AND THE TRANSCRIPT CORRECTLY. THAT'LL BE YOUR FIRST VOTE. OBVIOUSLY, WE CAN'T STOP FOLKS FROM COMMENTING, SO YOU'LL HAVE TO OPEN IT UP FOR PUBLIC COMMENT. I DON'T KNOW IF MR. WHITEHOUSE WANTS TO MAKE A PRESENTATION ON THE SUFFICIENCY, BUT IF FOLKS IN THE AUDIENCE COULD KEEP THEIR COMMENTS ON THIS FIRST ITEM, JUST ON THE TECHNICAL SUFFICIENCY. ALL THE OTHER ISSUES WILL BE HEARD IMMEDIATELY IF YOU FIND THAT THE APPLICATION IS SUFFICIENT TO PROCEED JUST ON THIS NARROW TECHNICAL POINT. I THINK MR. WHITEHOUSE, I CAN'T QUITE SEE BEHIND ME WITHOUT LOSING MY MICROPHONE, BUT IF HE'S PRESENT, HE SHOULD HAVE AN OPPORTUNITY TO PRESENT JUST ON THE SUFFICIENCY. >> EVENING, MADAM MAYOR. COMMISSIONERS FOR THE RECORD, JAMES WHITEHOUSE. ST. JOHNS LAW GROUP 104, CERO MAIN STREET HERE IN ST. AUGUSTINE, FLORIDA, I'M HERE ON BEHALF OF THE HENDERSON RAYMOND FAMILY AT 1:40 INLET DRIVE, WHICH, AS YOU HEARD FROM STAFF IS DIRECTLY ACROSS THE STREET FROM THE PROPOSED DEVELOPMENT IN THE CONSERVATION OLAY ZONE. AS YOU HEARD FROM STAFF, WE HAVE MET ALL OF THE TECHNICAL REQUIREMENTS. WE MET THE TIMELINE. WE PROVIDED THE VERBATIM TRANSCRIPT. AS FAR AS STANDING GOES, AS YOU SAW FROM THE STAFF REPORT, AND, OF COURSE, FROM THE COMMENTARY AND MEMO FROM YOUR CITY MANAGER TO THIS, A PARTICULAR PROPERTY IS DIRECTLY ACROSS THE STREET AND ADVERSELY AFFECTED. I CAN GO INTO STANDING FURTHER IF THERE ARE ANY QUESTIONS. BETTER THAN THAT, I'LL WAIT UNTIL AFTER PUBLIC COMMENT IF THERE IS ANY ON THIS, AND I CAN PROVIDE REBUTTAL. THANK YOU, MADAM MAYOR. >> I DON'T SEE THE CARDS THAT I HAVE ARE FOR THE ACTUAL APPEAL OF THE HEARING. I DON'T THINK ANYONE IF THERE'S ANYONE HERE THAT DOES WISH TO AND I'M NOT CLEAR ON IT. IS ANYONE HERE THAT WISHES TO SPEAK ON THE SUFFICIENCY HEARING? WE HAVE TO DO THIS FIRST, AND THEN WE GET INTO THE APPEAL. NO ONE IS HERE FOR THAT. PUBLIC COMMENT PUBLIC HEARING IS CLOSED ON THAT PORTION. YOU HAVE HEARD, MADAM DO I HAVE QUESTIONS, STAFF? LET ME. >> EX PARTE FIRST. WE HAVE. WE CAN DO EX PARTE. DO YOU HAVE? >> I HAVE NONE. >> YOU HAVE ON THE SUFFICIENCY. >> NONE. NO EXPERT. I HAVE NOT ON THE SUFFICIENCY. >> NONE. >> NO, I HAVEN'T. GREAT. WE HAVE THAT. THAT SAID, ANY QUESTIONS, DISCUSSION. >> WELL, IT'S MY UNDERSTANDING WE HAVE THREE REASONS WHY THIS PERSON BELIEVES THEY HAVE AN APPEAL AND THAT'S A VISTA NOTIFICATION AND CHANGE, IS THAT CORRECT? ARE THOSE THE THREE REASONS? >> THAT WOULD BE FOR THE SUBSTANTIVE DISCUSSION, WHICH IS YOUR ITEM B. ON THIS ITEM, YOU'RE LOOKING AT WHETHER THE PERSON IS MORE AFFECTED THAN THE AVERAGE PERSON. TYPICALLY, THAT INVOLVES BEING IN PROXIMITY OF THE PROJECT. BEING ONE OF THE OWNERS THAT WOULD RECEIVE NOTICE UNDER OUR CODE. THOSE ARE EXAMPLES OF HOW SOMEONE WOULD HAVE STANDING TO ASK FOR AN APPEAL ON THIS. [01:20:07] WE'RE JUST LOOKING FOR A MOTION, A SECOND. >> WHAT WE NEED IS STAFF HAS RECOMMENDED SUFFICIENCY. IF YOU'D LIKE TO MAKE THE MOTION AND WE CAN KEEP MOVING. >> IT'S MY SUGGESTION THAT THE APPLICANT DOES HAVE STANDING THERE DIRECTLY ACROSS THE STREET, AND WE SHOULD MOVE TO THE SUBSTANTIVE PART OF THE CONVERSATION. SECOND. >> ANY FURTHER DISCUSSION? MADAM CLERK, PLEASE CALL THE ROLL. >> JON DA PRATER? >> YES. >> BARBARA BLONDER? >> YES. >> CYNTHIA GARRIS. >> YES. >> TIM SPRINGFIELD? >> YES. >> NANCY TECH KLEIN? >> YES. >> LET'S MOVE ON TO THE APPEAL. [6.B. Appeal Hearing of a Planning and Zoning Board (PZB) Approval of the Construction of a Retaining Wall within Conservation Overlay Zones 1 and 2 for a City Project along Inlet Drive (A. Skinner, Planning and Building Director)] WHAT WOULD BE YOUR FIRST, WE'LL HEAR FROM STAFF. SECOND, WE WILL HEAR FROM THE APPLICANT YES. OKAY AND THEN WE CAN HEAR FROM THE PUBLIC. HOW DOES THAT SOUND, COMMISSIONERS? TO YOU. PROCEED, PLEASE. >> YES, THANK YOU. THIS ITEM IS AN APPEAL OF A PLANNING AND ZONING BOARD DECISION RELATED TO THE CONSTRUCTION OF A RETAINING WALL ON CITY PROPERTY WITHIN CONSERVATION OLAY ZONES ONE AND TWO FOR A CITY PROJECT ALONG INLET DRIVE. THE APPEAL WAS FILED BY JAMES WHITEHOUSE ESQUIRE AS A REPRESENTATIVE OF THE PROPERTY OWNERS AT 1:40 INLET DRIVE. THE APPEAL HAS BEEN MOVED TO THE HEARING PROCESS BECAUSE THE APPELLANTS HAVE BEEN FOUND TO BE HAVE SUFFICIENT STANDING FOR THE CITY COMMISSION TO HEAR THE APPEAL. MISS DUNN, I WOULD LIKE TO USE THE OVERHEAD. >> THE FIRST THING I WOULD LIKE TO DO IS WALK THE CITY COMMISSION THROUGH THE CHRONOLOGY OF THE ISSUE THAT WE'RE ADDRESSING THIS EVENING. AN APPLICATION WAS SUBMITTED BY JESSICA BEACH, THE CHIEF RESILIENCY OFFICER ON BEHALF OF THE CITY OF ST. AUGUSTINE FOR THE OCTOBER 7TH, 2025, PCB MEETING. THE APPLICATION WAS HEARD BY THE PCB AT THE REGULARLY SCHEDULED MEETING IN OCTOBER. A PUBLIC HEARING WAS HELD. MEMBERS OF THE PUBLIC WERE HEARD, INCLUDING A REPRESENTATIVE OF THE APPELLANT. NOTIFICATION SIGNS FOR THE MEETING WERE POSTED ON THE PROPERTY, SEVEN DAYS IN ADVANCE OF THE MEETING AS REQUIRED. NOTIFICATION WAS INCLUDED IN THE LOCAL PAPER OF RECORD AS REQUIRED, 10 DAYS IN ADVANCE OF THE MEETING. CERTIFIED MAILERS WERE SENT ON SEPTEMBER 15TH, AS PER CITY CODE, INCLUDING TO THE ADDRESS INDICATED FOR 140 INLET DRIVE. THE MAILER WAS RETURNED TO THE ORIGINAL SENDER DUE TO FAILURE TO DELIVER TO THE PROPERTY OWNER. MR. WHITEHOUSE REQUESTED A COPY OF THE MAILER FORM ON OCTOBER 6TH SO THAT THE PROPERTY OWNER COULD SUBMIT THEIR RESPONSE. MR. WHITEHOUSE SPOKE AT THE MEETING, AND A FORMAL RESPONSE WAS SUBMITTED TO THE PLANNING AND ZONING BOARD. THE PCB UNANIMOUSLY APPROVED THE APPLICATION FOR THE PROJECT AS PRESENTED. AN APPLICATION TO APPEAL THE PCB'S CONSERVATION OVERLAY DEVELOPMENT APPROVAL WAS SUBMITTED BY THE APPLICANT ON NOVEMBER 6TH, 2025. THE ITEM IS SCHEDULED FOR THE SUFFICIENCY DETERMINATION, AS WE'VE JUST NOTED, AND THE SUBSEQUENT HEARING AT THE CITY COMMISSION THIS EVENING, AS AGREED TO BY ALL THE PARTIES. THIS PROJECT PROPOSES SEVERAL RESILIENCE STRATEGIES TO PROVIDE A HIGHER LEVEL OF FLOOD PROTECTION, COASTAL, AND RAINFALL FOR A PORTION OF INLET DRIVE, WHICH IS A CRITICAL ROAD FOR THE DAVIS SHORES NEIGHBORHOOD. THE APPEAL APPLICATION DESCRIBES THE GROUNDS FOR THIS APPEAL, STATING THAT A PLANNING AND ZONING BOARD, UNANIMOUS APPROVAL OF AN APPLICATION TO BUILD THE RETAINING WALL ALONG THIS SECTION OF INLET DRIVE, FAILED TO CONSIDER IMPACTS ON THE SCENIC VISTA, PUBLIC ACCESS, SHOWED AN UNWILLINGNESS BY THE CITY TO ALTER THE PROJECT, AND A LACK OF EVIDENCE INCLUDING FAILING TO MEET THE 17 CRITERIA FOR CONSIDERATION UNDER CHAPTER 11 OF THE LAND DEVELOPMENT CODE. THE APPELLANT REQUESTS THAT THE CITY COMMISSION EVALUATE THE APPEAL AND OVERTURN THE PCB APPROVAL. THE CITY SUBMITTED THE PROJECT FOR CONSIDERATION TO THE PLANNING AND ZONING BOARD BECAUSE OF THE IMPACTS IN THE CONSERVATION OVERLAY ZONE AREA. THE PROJECT WAS PRESENTED TO THE PLANNING AND ZONING BOARD. THE CITY OUTLINED THE PROJECT'S OBJECTIVES, DEMONSTRATION OF NEED, AND PUBLIC BENEFITS. THE BOARD UNANIMOUSLY APPROVED THE PROJECT SPECIFIC TO RETAINING ALL. A NUMBER OF RESIDENTS SPOKE IN FAVOR OF THE PROJECT AS PART OF PUBLIC COMMENTS. THE CITY HAS SECURED THREE EASEMENTS, TWO TEMPORARY CONSTRUCTION EASEMENTS, AND ONE PERMANENT EASEMENT FOR THE PROJECT FROM [01:25:02] THE PROPERTY OWNERS THAT HAVE PROPERTY IN THE AREA WHERE THE RETAINING WALL IS PROPOSED. THE CITY HAS RECEIVED ALL NECESSARY PERMITS OR VERIFICATION OF EXEMPTION FROM STATE AND FEDERAL AGENCIES. THE PROJECT DESIGN IS COMPLETE AND IS READY FOR CONSTRUCTION. ALL PROCEDURAL ASPECTS OF THE PCB HEARING WERE CORRECTLY FOLLOWED, AND THE WRITTEN ORDERS ACCOMPANYING THESE HEARINGS WERE PROPERLY NOTATED. ALL REQUIRED NOTIFICATIONS WERE PROPERLY DONE ACCORDING TO THE CITY'S LAND DEVELOPMENT CODE REQUIREMENTS. ADDITIONALLY, THE CITY HELD SIX PUBLIC MEETINGS RELATED TO THIS PROJECT. THESE MEETINGS TOOK PLACE BETWEEN NOVEMBER 2024 THROUGH SEPTEMBER 2025. THIS INCLUDED MEETINGS WITH RESIDENTS THAT FRONT THE SHORELINE WHERE THE PROJECT WILL TAKE PLACE. THE CITY HAS PRESENTED ON SEVERAL OCCASIONS AND OR PROVIDED UPDATES TO THE SOUTH AND NORTH DAVIS SHORES NEIGHBORHOOD ASSOCIATION. THE CITY ALSO HAS PRESENTED THE PROJECT AS PART OF THE CAPITAL IMPROVEMENTS PLAN AND ASSOCIATED BUDGET WORKSHOPS WITH THE CITY COMMISSION. DURING THIS TIME, THE CITY HAS ALSO RECEIVED PUBLIC COMMENTS AND INPUT; A TOTAL OF 20 DIFFERENT INDIVIDUALS SUBMITTED PUBLIC COMMENTS REGARDING THE PROJECT. AS PART OF THE CITY'S PCB APPLICATION, DETAILED RESPONSES WERE PROVIDED TO THE GENERAL PUBLIC'S INPUT AND COMMENTS. THE CITY DID TAKE INTO CONSIDERATION THE PUBLIC INPUT. SOME OF THE REQUESTS WERE BEYOND THE PROJECT SCOPE, AND WHAT IS ALLOWED WITH THE CURRENT GRANT AWARD AND BUDGET. THE CITY IS NOT PROPOSING TO SUPPLEMENT ANY OF THE EXISTING VEGETATION, SUCH AS MANGROVES AND SPARTINA GRASS. IT IS NOT PROPOSING TO TRIM THE MANGROVES AS PART OF THIS PROJECT, AND IT IS NOT PROPOSING TO INSTALL ANY TYPE OF KAYAK LAUNCH OR RECREATIONAL FEATURES. THIS RETAINING WALL IS NECESSARY TO REDUCE THE IMPACTS FROM STORM SURGE AND EROSION. THE SAME LEVEL OF PROTECTION CANNOT BE ACHIEVED WITH A LIVING SHORELINE ALONE. THERE IS AN EXISTING LIVING SHORELINE THAT WOULD BENEFIT FROM THE REMOVAL OF RUBBLE AND INSTALLATION OF WAVE ATTENUATION DEVICES THAT WOULD ALSO ALLOW FOR SEDIMENT ACCRETION, AND A REDUCTION IN WAVE ENERGY THAT WOULD ACTUALLY ENABLE THE LIVING SHORELINE TO BETTER FUNCTION. A LIVING SHORELINE ASPECT OF THE PROJECT WAS LOOKED AT CONCEPTUALLY, BUT UNDER THE CURRENT GRANT TIMELINE AND BUDGET, PERMITTING AND CONSTRUCTION CANNOT BE IMPLEMENTED AT THIS TIME, BUT COULD BE CONSIDERED AS A FUTURE PHASE OF THE PROJECT. SIMILARLY, REQUESTS FOR ACCESS, WHETHER THROUGH A WALKWAY, KAYAK LAUNCH, OR PIER GOES BEYOND THE SCOPE OF THE PROJECT'S OBJECTIVES AND WOULD INVOLVE MORE DESIGN AND PERMITTING WITH POTENTIAL MITIGATION AS PART OF STATE AND FEDERAL REGULATIONS. IT SHOULD BE NOTED THAT PROVIDING PUBLIC ACCESS IN THIS LOCATION WAS ACTUALLY A POINT OF CONTENTION AMONGST THE NEIGHBORHOOD, AND THERE WAS NO CONSENSUS TO SUPPORT THIS TYPE OF PROJECT. THE PROPERTY IS OWNED BY THE CITY, BUT IT IS CURRENTLY NOT DESIGNATED AS A FORMAL PARK. IT IS THE EXISTING SHORELINE THAT THE CITY OWNS, AND OVER TIME, THE COMMUNITY HAS GROWN ACCUSTOMED TO ACCESSING THE SALT RUN IN THIS LOCATION. THERE ARE OTHER OFFICIALLY DESIGNED PARKS INDOOR PROPERTY THAT THE CITY HAS ACQUIRED THAT MAY BE BETTER SUITED FOR THIS TYPE OF USE. IT IS THE STAFF'S RECOMMENDATION TO REVISIT THIS AS A FUTURE POTENTIAL PROJECT THAT COULD BE MORE THOROUGHLY VETTED WITH THE NEIGHBORHOOD AND LOOKED AT CONCEPTUALLY TO DETERMINE COST PERMITTING AND OTHER IMPLICATIONS. IN RESPONSE TO THE SPECIFIC CONCERNS IDENTIFIED IN THE APPEAL, AS PART OF THE PUBLIC ENGAGEMENT, THE CITY HAS CONTACTED PROPERTY OWNERS VIA EMAIL AND VIA PHONE ON MULTIPLE OCCASIONS. SPECIFICALLY, RESPONSES TO THESE PROPERTY OWNERS' CONCERNS WERE PROVIDED VIA EMAIL ON AUGUST 7TH, 2025, AND SEPTEMBER 11TH, 2025, OUTLINING THE CITY'S RESPONSES TO THEIR CONCERNS AND WHAT THE PROCESS IS FOR THE PLANNING AND ZONING BOARD. THIS WAS SEPARATE FROM ANY FORMAL PROCESS THAT IS TYPICALLY CONDUCTED AS PART OF A PCB APPLICATION. THE PROPERTY OWNER WAS NOTIFIED OF THE LAND DEVELOPMENT CODE REQUIREMENT FOR PCB PUBLIC HEARINGS, AND A REPRESENTATIVE OF THE APPELLANT WAS PRESENT AND SPOKE ON THEIR BEHALF. THE PROPOSED WALL IS AN AVERAGE OF THREE FEET ABOVE THE EXISTING GRADE. IT SHOULD BE NOTED THAT THE PROPOSED TOP OF THE NEW WALL WOULD BE CLOSE TO THE HEIGHT OF THE EXISTING MANGROVES THAT ARE LOCATED ALONG THE SHORELINE. IT IS THE CITY'S OPINION THAT IT WOULD NOT OBSTRUCT THE CURRENT VIEW, ALTHOUGH WITH THE PROJECT, IT WILL CHANGE HOW THE COMMUNITY HAS BEEN ACCUSTOMED TO INTERACTING WITH THE SHORELINE. IT SHOULD ALSO BE NOTED THAT THE PROPERTY OWNER DOES NOT OWN THE PROPERTY ON THE SHORELINE SIDE. THEIR PROPERTY IS SEPARATED BY INLET DRIVE, AND AS SUCH, THEY DO NOT HAVE ANY RIPARIAN RIGHTS. THIS IS CITY-OWNED PROPERTY WHERE A PORTION OF THE RETAINING WALL IS PROPOSED. [01:30:02] THE VIEW FROM THE PROPERTY THAT THEY OWN ON THE WEST SIDE OF INLET DRIVE IS NOT OBSTRUCTED. AS PREVIOUSLY OUTLINED, THE CITY PROVIDED AMPLE PUBLIC INPUT AND ENGAGEMENT OPPORTUNITIES. THE CITY DID TAKE INTO CONSIDERATION THE PUBLIC INPUT RECEIVED. HOWEVER, SOME OF THE REQUESTS WERE BEYOND, AS I NOTED, THE SCOPE AND WHAT WAS ALLOWED UNDER THE CURRENT GRANT AWARD AND BUDGET. SUCH REQUESTS AND CONSIDERATIONS WOULD RESULT IN DESIGN MODIFICATIONS AND DIFFERENT PERMITTING REQUIREMENTS. IN ORDER TO STRIKE A BALANCE BETWEEN THE PUBLIC INPUT AND CURRENT PROJECT CONSTRAINTS, IT IS STUDIES THE STAFF'S RECOMMENDATION TO REVISIT THIS AS A FUTURE POTENTIAL PROJECT THAT COULD BE MORE THOROUGHLY VETTED WITH THE NEIGHBORHOOD AND LOOKED AT MORE CONCEPTUALLY TO DETERMINE THESE COSTS. THIS PROJECT DOES NOT PROPOSE THE CONSTRUCTION OF ANY TYPE OF WALL, BOAT DOCK, OR PIER WATER WARD OF THE EXISTING WALL. ALL WORK PROPOSED AS PART OF THIS PROJECT IS LANDWARD AND THEREFORE AVOIDS IMPACTS TO EXISTING SURFACE WATERS AND WETLANDS. THEREFORE, CRITERION NUMBER 17 IS NOT APPLICABLE TO THIS PROJECT. HOWEVER, EACH OF THE 17 CRITERIA OUTLINED IN THE CODE WERE ADDRESSED BY THE STAFF REPORT PRESENTED TO THE PCB. IT'S THE STAFF'S UNDERSTANDING THAT THE ONLY IMPACTS IN CONSERVATION ZONE ONE IS WORK RELATED TO CLEANING UP AND ENCOURAGING THE EXISTING LIVING SHORELINE. IN ADDITION TO THE REQUIRED NOTIFICATIONS FOR THE PCB MEETING, THE APPELLANT HAS BEEN IN COMMUNICATION WITH CITY STAFF THROUGHOUT THIS PROCESS, INCLUDING SPECIFIC EMAIL EXCHANGES DATING BACK TO AT LEAST MARCH OF 2025, AND WAS SPECIFICALLY NOTIFIED OF THE PCB MEETING BY EMAIL FROM CITY STAFF ON SEPTEMBER 11TH. A REPRESENTATIVE FOR THE APPLICANT, AS I NOTED, WAS AT THE OCTOBER MEETING AND SPOKE OF THEIR CONCERNS INTO THE PUBLIC RECORD AND SUBMITTED A PUBLIC COMMENT SHEET. OTHER CORRESPONDENT STATES BACK TO OCTOBER OF 2024, DISCUSSING THE NATURE OF THIS PROJECT. FOR YOUR INFORMATION, I WOULD LIKE TO JUST SHOW YOU WHERE THE ADDITIONAL PUBLIC MEETING SCHEDULE THAT THE CITY STAFF VERY DILIGENTLY ATTENDED. THERE WAS A NEIGHBORHOOD MEETINGS STARTING IN NOVEMBER OF 2024, SEVERAL INTO EARLY 2025, AND THROUGHOUT THE CAPITAL IMPROVEMENT PROCESS AND THE BUDGET PROCESS OF THIS PAST YEAR. I HAVE HIGHLIGHTED HERE THE NOTICE REQUIREMENTS THAT WERE EXECUTED BY THE CITY STAFF IS RELATED TO THE PLANNING AND ZONING BOARD MEETING, AND IN THE CITY CODE, FOR THE PURPOSE OF NOTICE REQUIREMENTS TO ADJOINING PROPERTY OWNERS. THE NAMES AND ADDRESSES OF SUCH OWNERS SHALL BE DEEMED TO BE THOSE ON THE CURRENT TAX RECORDS IN THE OFFICE OF THE PROPERTY APPRAISER OF THE COUNTY, WHICH I HAVE HIGHLIGHTED RIGHT HERE. THE NOTICE WAS SENT TO THE ADDRESS THAT WAS LISTED ON THE PROPERTY APPRAISER'S WEBSITE FOR THE PROPERTY. THE PCB STAFF REPORT STATES THAT THIS IS A REQUEST FOR THE CONSERVATION OVERLAY ZONE DEVELOPMENT TO CONSTRUCT THE RETAINING WALL, AS I'VE NOTED SEVERAL TIMES, AND AN ELEMENT TO THE LIVING SHORELINE, INCLUDING STORMWATER UPGRADES. THE APPROVAL OF THIS APPLICATION WOULD ALLOW FOR THE CONSTRUCTION OF 692 LINEAR FEET OF PRECAST CONCRETE, SEGMENTED BLOCK, RETAINING WALL, LANDWARD OF THE EXISTING WALL. THE NEW RETAINING WALL WILL CONNECT TO AN EXISTING BULKHEAD AT 1:17 INLET DRIVE TO THE SOUTH AND 151 INLET DRIVE TO THE NORTH. THE RETAINING WALL WILL BE HIGHER IN ELEVATION THAN THE EXISTING WALL, WHICH IS BASICALLY AT GRADE TO MATCH THE ELEVATIONS OF THE CONNECTING BULKHEADS. RIPRAP AND A LIVING SHORELINE ELEMENT WILL BE INCLUDED WITH OYSTER GABIONS AND REEF BALLS. LASTLY, TWO EXISTING CURB INLETS WILL BE REPLACED TO INCREASE STORMWATER CAPACITY, IMPROVE MAINTENANCE ACCESS, AND PROVIDE THE TIDE CHECK VALVES. THE GOAL OF THIS PROJECT IS TO PROVIDE A HIGHER LEVEL OF FLOOD PROTECTION FOR A PORTION OF INLET DRIVE, A CRITICAL ROAD IN DAVIS SHORES. ALL THESE ELEMENTS WERE REVIEWED BY THE PLANNING AND ZONING BOARD. THE STAFF REPORT WENT THROUGH EACH OF THE 17 CRITERIA AS OUTLINED IN THE LAND DEVELOPMENT CODE AS PART OF CHAPTER 11. I WON'T GO THROUGH EACH OF THOSE, BUT IT WAS THE STAFF REPORT WAS INCLUDED IN YOUR PACKET. [01:35:05] I AM AVAILABLE TO GO THROUGH EACH OF THOSE, IF YOU'D LIKE, LATER ON. BUT IN CONCLUSION, ALL PROPER AND REQUIRED NOTIFICATIONS WERE SENT. A REPRESENTATIVE OF THE PROPERTY OWNERS WAS GIVEN AN OPPORTUNITY TO SPEAK AND SUBMIT A WRITTEN RESPONSE AT THE PCB MEETING. THE PLANNING AND ZONING BOARD CONSIDERED THE APPLICATION AND THE CRITERIA RELATED TO DEVELOPMENT WITH IN CONSERVATION OVERLAY ZONES, AND UNANIMOUSLY APPROVED THE PROJECT. THE CITY CONSIDERED COMMUNITY INPUT RELATED TO THE PROJECT OVER THE COURSE OF SEVERAL PUBLIC MEETINGS AND MONTHS, WHERE THE COMMUNITY WAS PROVIDED WITH AN OPPORTUNITY FOR PUBLIC FEEDBACK, AND THE CITY OUTLINED SPECIFIC RESPONSES TO THE COMMUNITY'S QUESTIONS AND CONCERNS. THE CITY IS WILLING TO ADDRESS THESE OTHER ISSUES, NOT RELATED TO THIS RESILIENCE PROJECT, AT A LATER DATE THROUGH AN ADDITIONAL APPLICATION AND VETTING PROCESS. FOR YOUR INFORMATION QUICKLY, I'M USING THE MAPS AND THE PRESENTATION THAT WAS PRESENTED AND HAS BEEN PRESENTED SEVERAL TIMES BY CITY STAFF. THIS WAS IN THE PRESENTATION THAT, AS I NOTED, HAS BEEN GIVEN SEVERAL TIMES RELATED TO THIS PROJECT. IT WAS ALSO GIVEN AT THE PLANNING AND ZONING BOARD MEETING. IN THE RED BOXED AREA IS THE LOCATION OF THE CITY'S PROJECT ALONG INLET DRIVE. THERE'S ANOTHER DEPICTION OF THIS AREA, AS NOTED IN THE RED BOX AREA, AND THIS SHOWS THE ELEVATIONS, THE GENERAL ELEVATIONS OF THE NORTH D DAVIS SHORES AREA. >> QUICKLY, THIS IS THE BASIC WALL ALIGNMENT IN ON THE NORTH DAVID SHORES AREA. THIS IS THE NORTH SIDE WHERE IT WILL CONNECT INTO 151 INLET DRIVE, AND IT WILL CONNECT INTO 117 INLET DRIVE TO THE SOUTH. THIS IS THE EXTENT OF MY PRESENTATION. I WILL BE AVAILABLE FOR ANY QUESTIONS. THANK YOU. >> QUESTIONS OF MISS SKINNER BEFORE WE MOVE ON TO THE APPELLANT'S REPRESENTATIVE. I DID HAVE ONE QUESTION. WHICH PROPERTY ON THE MAP THAT YOU JUST HAD UP. WHICH PROPERTY WAS THE RESIDENCE OF THE APPELLANT? >> I GUESS, MR. WHITEHOUSE. >> RIGHT IN THE MIDDLE. >> I'M JUST LOOKING AT IT ON THE MAP [OVERLAPPING] WILL SHOW YOU'RE GOING TO ASK ME US RATHER THAN PLAY THE GUESSING GAME. >> THANK YOU. THIS IS NORTH AND THEN THIS IS SOUTH. MR. WHITEHOUSE CAN POINT OUT MORE CLEARLY. >> WE'LL JUST LEAVE THAT UP. THAT WOULD HELP. ANY OTHER QUESTIONS COMMISSIONERS BEFORE WE MOVE ON. >> HOW HIGH IS THIS WALL THAT'S BEING PROJECTED? >> AS I UNDERSTAND IT, THE AVERAGE HEIGHT IS THREE FEET. >> THANK YOU. >> GOOD. MR. WHITEHOUSE. >> THAT IT HAS TO BE. IS THAT THE ONE THAT FUCKS ABOUT THE THE OTHER ONE? THIS ONE. YEAH. >> IT HAS TO GO UPSIDE DOWN. MARON, CAN YOU SWITCH IT BACK OVER? MADAM MAYOR, COMMISSIONERS FOR THE RECORD, JAMES WHITEHOUSE ST. JOHNS LAW GROUP, 104C GROVE MAIN STREET HERE IN ST. AUGUSTINE, FLORIDA. AGAIN, I'M HERE ON BEHALF OF THE HENDERSON RAYMOND FAMILY THAT OWNED THIS HOUSE ON 140 INLET DRIVE. THIS IS APPEAL OF THAT PZB DECISION THAT YOU'VE HEARD ABOUT. I WANT TO MAKE ONE CLARIFICATION OF AN INCONSISTENCY THAT WAS JUST STATED TO YOU THAT IS THAT THERE WAS A REPRESENTATIVE AT THE PZB HEARING. THERE WAS NOT. [01:40:02] IF YOU LOOK AT YOUR TRANSCRIPT, WHICH WAS INCLUDED IN THE VERBATIM TRANSCRIPT ON PAGE FIVE, SIX AND SEVEN, IT CLEARLY SHOWS THAT THE APPLICANT WAS NOT AVAILABLE TO BE ABLE TO APPEAR BECAUSE THEY DIDN'T RECEIVE THE NOTICE. AS YOU SEE, CAN YOU GO TO THE OVERHEAD, MARON. AS YOU SEE, AND CITY STAFF POINTED OUT, THE NOTICE SHALL BE MAILED TO THE LEGALLY EXISTING ADDRESS, WHICH IS 140 INLET DRIVE. THEY DO NOT LIVE THERE. THEY LIVE OFF. THE PARENTS HAVE PASSED AWAY. THEY LIVE IN NORTH CAROLINA. THE STAFF, AGAIN, AS YOU HEARD FROM MISS SKINNER, HAD CONSTANT INTERACTION WITH THESE INDIVIDUALS THROUGHOUT THE HEARING PROCESS. THEY HAD THEIR EMAIL ADDRESS. YET THE NOTICE WAS MAILED TO THE 140 INLET DRIVE ADDRESS. THEY NEVER GOT IT. THE FACT OF THE MATTER IS, YOU HAVE WITHIN YOUR PACKET, AS WELL, THE FEDEX OR THE THE PROOF THAT IT WAS RETURNED TO SEND HER TO THE CITY. THEY NEVER RECEIVED NOTICE. WE WEREN'T ABLE TO APPEAR AT THE HEARING. I DID SUBMIT A STATEMENT THAT WAS NOT READ INTO THE RECORD, AS YOU SEE FROM PAGE 5, 6, AND 7 OF YOUR TRANSCRIPT, BUT IT WAS TALKED ABOUT, AND EACH ONE OF THE MEMBERS APPARENTLY HAD IT AND REVIEWED IT. IN ANY CASE, THERE WAS NOBODY WHO APPEARED. CAN YOU GO BACK TO THE OVERHEAD, MARON. WE DON'T BELIEVE THEY RECEIVED APPROPRIATE NOTICE FOR THE HEARING AT THE PZB. THAT'S ONE OF THE CONTENTIONS, AS YOU SEE WITHIN THE APPEAL. THIS PZB GRANT IS PURPORTEDLY BASED UPON THE APPLICANT'S INTENT TO PROTECT DAVID SHORES FROM HURRICANE STORM SURGE. IT'S PREDICATED UPON NO IMPACT ON THE CONSERVATION ZONE AREA, AS WELL AS UPON A STATEMENT THAT WILL HAVE LITTLE TO NO IMPACT UPON THE ADJACENT PROPERTY OWNERS WHOSE SCENIC VISTA, IT WILL SUBSTANTIALLY AFFECT. THERE WAS, IN FACT, NO DISCUSSION OF THE VISTA IMPACT, BUT MERELY REPEATED REFERENCE TO STORM AND HURRICANE SURGE, PROTECTION WHILE CONTINUALLY REFERRING TO PICTURES OF HISTORICAL CATASTROPHIC IMPACTS, AND NO PROOF THE HEIGHTS SOUGHT WILL PREVENT THE SAME AND THAT THE BACK FLOW DEVICES WILL WORK, EVEN THOUGH THE CITY'S HISTORIC USE OF THESE BACK FLOW DEVICES IN DAVID SHORES HAS PROVEN TO BE INEFFECTIVE AND HAS ACTUALLY CAUSED ADDITIONAL DAMAGE TO HOMES IN THEIR FAILURE. AS YOU KNOW, AND ALL PRIVATE APPLICANTS ARE REMINDED ALL THE TIME AT PZB AT HEARING, THE BURDEN IS ON THE APPLICANT TO PROVIDE THE PROOF, EVEN IF THE APPLICANT IS THE CITY, ESPECIALLY, ACTUALLY, IF THE APPLICANT IS THE CITY. WITHIN YOUR PACKET, AND WITHIN THE RECORD, YOU'LL SEE, THE APPLICANTS REASONS WHY THEY SAY THAT THEY CANNOT CHANGE THE PROJECT IS BECAUSE THEY WANT TO MOVE FORWARD WITH THE PROJECT BECAUSE THEY NEED TO MEET THE GRANT FUNDED DEADLINES. THEY SAY THAT WE DID TAKE INTO CONSIDERATION THE VARIOUS INPUT AND PUBLIC COMMENT. WE DID GET A LOT OF THIS INPUT ON THIS, AND IT WAS ACTUALLY QUITE A DIVISIVE ISSUE ON THE PUBLIC INPUT WE RECEIVED TO DATE. WHEN CONSIDERING THE POTENTIAL DESIGN MODIFICATIONS TO ACCOUNT FOR ACCESS, THIS WOULD TRIGGER ADDITIONAL DESIGNED ADA REQUIREMENTS, ETC. IT ALSO WILL INCREASE THE COST OF THE PROJECT, WHICH AGAIN PRIVATE APPLICANTS HAVE TO DEAL WITH THAT ALL THE TIME. THEY SAY THAT WITH ALL THAT BEING TAKEN INTO CONSIDERATION, THE DESIGN IS GENERALLY THE SAME CONSIGURATION AND LAYOUT THAT THEY INITIALLY PRESENTED FROM THE BEGINNING OF THIS PROJECT, THE ONE THEY GOT THE GRANT FOR. THUS, THEY CANNOT ACCOMPLISH THESE, AND THEY SAY, THEY SHOULD BE ABLE TO COME BACK LATER AND CHANGE THEM. WHY CAN'T THEY CHANGE THIS? THEY SAY THE CITY DID TAKE INTO CONSIDERATION THE PUBLIC INPUT, BUT YOU JUST SAW FROM THEIR OWN REPORT, THEY DIDN'T CHANGE ANYTHING. WHAT ARE THE THINGS THAT THEY DID TAKE INTO CONSIDERATION? THE ONES THAT WERE NOT BEYOND THE SCOPE, AND WHAT DID THEY CHANGE? NOTHING. YOU'LL SEE THAT IN THE RECORD. THIS IS A STATEMENT FROM THE HENDERSON FAMILY. OUR FAMILY PROPERTY IS LOCATED AT 140 INLET DRIVE. WE HAVE BEEN SUBSTANTIALLY INVOLVED WITH THE DISCUSSIONS BY THE APPLICANT WHICH THE RECORD SHOWS FOR MANY MONTHS. THAT'S WHY THEY'RE VERY CONCERNED AND DIDN'T RECEIVE THE NOTICE AS REQUIRED. WE ONLY FOUND OUT ABOUT THE HEARING THROUGH WORD OF MOUTH, WHICH IS NOT APPROPRIATE. OUR CONCERNS ARE AS FOLLOWS. THIS REQUEST HAS MATERIAL CHANGED MANY TIMES OVER THE COURSE OF THE DISCUSSION. THE CURRENT REQUEST APPEARS TO HAVE ADDED HEIGHT AND PROMENADE. THAT STATED CONCERN MERELY AND IT'S MERELY TOUTED AS A MEANS TO FILL THE GAP TO PROTECT THE HOUSES OF THE AREA. THAT STATED CONCERN, WHILE ADMIRABLE, SEEMS TO HAVE GRADUATED TO A VERY LARGE STRUCTURE THAT WILL BLOCK THE VIEWS IN THE SCENIC VISTAS DUE TO THE INCREASED HEIGHT OF THE WALL IN THE CAP, SEE THE ATTACK PICTURES THAT ARE WITHIN THE RECORD ITSELF. UNFORTUNATELY, WE'RE NOT PRIVY TO ALL THE NEW DETAILS. THIS IS WHAT THEY SAID IN THEIR INITIAL STATEMENT IN THE RECORD FOR THE PCB, BECAUSE THEY DIDN'T RECEIVE THE UPDATED CHANGES PRIOR TO THE PCB HEARING. AS MENTIONED, WE ARE CONCERNED THAT THIS INCREASED HEIGHT WHICH WE HAVE DISCUSSED AS OUR CONCERN AT SOME OF THE MEETINGS SCENIC VISTA AND DEVALUE OUR PROPERTY. AGAIN, AS YOU SEE FROM SOME OF THE PICTURES THAT WE HAVE ATTACHED, BASED UPON OUR CONCERN OVER THE MONTHS OF DISCUSSIONS, IF THE HEIGHT IS TO BE INCREASED AND THE CAP IS TO BE PLACED ON TOP OF THE WALL, [01:45:04] ALL OF THOSE ARE INAPPROPRIATE AND VIOLATE THE REQUIREMENTS UNDER OUR CODE. WE ARE MERELY ASKING FOR SOME REASONABLE MODIFICATIONS TO THIS PLAN THAT APPEARS TO BE PRESENTED AS A FOREGONE CONCLUSION DUE TO THE CITY STAFF'S APPLICATION OF GRANT FUNDS, WHICH THEY SAY STATE "THEY NEED TO SPEND" WITHIN A TIMELY MANNER TO FULFILL THE APPLICATION FOR THE FUNDS THAT WERE GRANTED. THIS DOES NOT FORM A REASONABLE BASIS TO MERELY RUBBER STAMP THE PROJECT SUGGESTED AS PROPOSED WITHOUT REASONABLE REVISION TO PROTECT THE CITY RESIDENTS VISTA AND ACCESS. LIKE I SAID, AS YOU KNOW, EVERY PRIVATE APPLICANT THAT BECOMES IN FRONT OF YOUR PZB OR YOUR CITY COMMISSION IS TOLD THAT THE BURDEN OF PROOF IS ON THE APPLICANT, EVEN IF IT REQUIRES CHANGING THAT PLAN. LIKE I SAID, ESPECIALLY IF THE APPLICANT IS THE CITY. THE PZB'S GRANT IS BASED UPON THE APPLICANT'S SUBMITTAL OF VAGUE AND INCOMPLETE ANSWERS AND MATERIALS ATTEMPTING TO ADDRESS THE CITY CODE REQUIREMENTS FOR CONSERVATION ZONE 1 AND 2 DEVELOPMENT. THESE ANSWERS ARE INCOMPLETE AND VAGUE, AND AT BEST, AND DO NOT EFFECTIVELY ADDRESS THE 17 CRITERIA AS REQUIRED BY THE CODE. YOU CAN SEE AN EXAMPLE IN NUMBER 12. THE DISCUSSION IN NUMBER 12, WHICH TALKS ABOUT THE IMPACT OF THE DEVELOPMENT ON VISTAS, THE RESPONSE WAS, THE PROJECT WILL INCLUDE THE ENTIRE 700 FEET OF IMPROVEMENTS AT 100% OF THE SHORELINE. THE NEW RETAINING WALL WILL BE 4.25 FEET HIGHER OVER THE ENTIRETY OF THE SITE. THE VISTA MAY BE IMPACTED BY THE WALL. THAT WAS THE CITY'S RESPONSE. MOREOVER, THE APPELLANT ADJACENT RESIDENTS AND SIGNIFICANT USE OF THE INLET IN THIS AREA FOR MANY YEARS WILL BE IMMEASURABLY DAMAGED IF THIS REQUEST IS APPROVED, AND IT'S MERELY GLOSSED OVER AND ALLOWED BECAUSE THE APPLICANTS WANT TO UTILIZE GRANT FUNDS FOR WHAT THEY CLAIM WILL PROTECT THE AREA OF DAVID SHORES WITH NO REAL DEFERENCE TO THE SCENIC VISTA OR CUSTOMARY USE OF THE INLET. AS AFORE-STATED, THE APPEAL IS BROUGHT BY THE HENDERSON RAYMOND FAMILY WHO HAVE OWNED THIS FAMILY RESIDENCE AND ADJACENT AT 140 INLET DRIVE DIRECTLY ACROSS THE STREET FROM THE PROPOSED PROJECT. AS STATED, THEY LIVE ON IMMEDIATELY ADJACENT PROPERTY. THIS RESIDENCE IS DIRECTLY AND IMMEDIATELY AFFECTED BY THIS PROPOSED DEVELOPMENT. THE PROPOSAL CALLS FOR DEVELOPMENT IN THE MOST SENSITIVE ENVIRONMENTAL AREAS OF OUR CITY, CONSERVATION ZONES 1 AND 2. FURTHER, THIS PROPOSAL SEEKS TO FURTHER EXPAND THE APPLICANT'S INCURSION INTO THE CONSERVATION ZONE AND BLOCKING THE SCENIC VISTA AND ACCESS TO THE PUBLICLY OWNED LANDS ALONG THE INLET. AS YOU SEE FROM THE DIAGRAMS WITHIN THE RECORD, YOU SEE HOW THIS WALL AND CAP COME UP ABOVE WHERE THE CURRENT WALL IS, APPROXIMATELY AN AVERAGE OF 4.25 FEET ABOVE THE WALL. YOU CAN SEE WHERE THEIR HOUSE IS ON THE PICTURE. IT'S OUTLINED IN GREEN, AND IT SHOWS THAT THEY ARE ONE OF THE MOST DIRECTLY AFFECTED PROPERTIES ON THIS STRIP. AGAIN, YOU CAN SEE ON NUMBER 11, WHICH IS ANOTHER RESPONSE FROM THE CITY THAT TALKS ABOUT THE IMPACT OF DEVELOPMENT ON THE SHORE BIND BY LINEAL FEET. AN EXISTING WALL, AN ELEVATION OF 4.5 FEET, AN ADDITIONAL RETAINING WALL AND AN ELEVATION OF 8.75 FEET. THOSE ARE THE CITY'S RESPONSES AND THEN I ALREADY READ TO YOU NUMBER 12, THE IMPACT ON THE VISTAS. SPECIFIC GROUNDS FOR THE APPEAL, THE WATERWAY HAS BEEN ACCESSED BY THIS AREA FOR DECADES. THE APPLICANTS FAILURE TO PROVIDE REVISIONS TO THE PLAN TO ADDRESS THE ACCESS OF THE ADJACENT CITY RESIDENTS AS WELL AS TO RESPECT THEIR SCENIC VISTAS, BY REVISING THE HEIGHT OF THE WALL IS BOTH UNREASONABLE AND DIRECTLY FLIES IN THE FACE OF THE PROVISIONS AND ANALYSIS REQUIRED UNDER OUR CITY'S OWN CODE. WE THINK IT UNFATHOMABLE THAT THE VERY CITY WHOSE CODE THEY REQUIRE OTHERS TO FOLLOW, AND THE PZB DOES THE SAME UPON CONSTANT ANALYSIS AND QUESTIONING OF OTHER PRIVATE APPLICANTS WILL NOT BUDGE ON THEIR DESIGN, MERELY BECAUSE THEY HAVE "ALREADY DESIGNED THE PROJECT" AND THE GRANT "REQUIRES DEVELOPMENT AS APPLIED AND GRANTED". AS NOTED BY STAFF, THEY ARE ASKING FOR AN INCREASE IN THE BLOCKAGE OF THE SCENIC VISTA AS WITNESSED BY THE PICTURES AND DIAGRAMS PROVIDED IN THE RECORD. THE ADJACENT RESIDENTS HAVE PROVIDED CONCERNS AND CUSTOMARY AND COMMENTARY AS TO THIS INCREASED BLOCKAGE OF BOTH VISTA AND PUBLIC ACCESS, BOTH OF WHICH HAVE BEEN PRESENT IN THIS AREA FOR DECADES. THE APPELLANT FAMILY MERELY SEEKS THIS COMMISSION'S REVIEW AND SOME REASONABLE MODIFICATIONS TO THE CITY'S REQUEST THAT WILL BOTH CONSIDER THE RESIDENTS VISTAS AND MAINTAIN PUBLIC ACCESS TO THE WATERWAY OVER THESE PUBLICLY STEWARDED LANDS WHILE STILL PROVIDING THE NEEDED PROTECTION TO THE SHORELINE AND NEIGHBORHOOD AREAS STATED. THEY SINCERELY EMPLOY THIS COMMISSION'S HELP IN ACHIEVING BOTH GOALS WHICH CAN BE HAD BY REASONABLE REVISIONS TO THE CITY PLAN. THE PZB'S GRANT, WHICH IS PURPORTEDLY BASED ON [01:50:02] THE APPLICANT'S INTENT TO PROTECT DAVID SHORES, LIKE I SAID, IS PREDICATED UPON NO IMPACT ON THE CONSERVATION ZONE. HOWEVER, THEY STATE WITHIN THEIR ANSWERS THAT THIS WILL HAVE AN IMPACT, AND THE WALL IS MOST PROBABLE TO HAVE AN IMPACT ON THE SCENIC VISTA. THERE WAS, IN FACT, NO DISCUSSION OF THE VISTA IMPACT, BUT MERELY REPEATED REFERENCE TO THE STORM AND HURRICANE SURGE PROTECTION. THE APPLICATION LACKED PROOF THAT THE HEIGHT SOUGHT WILL PREVENT THE SAME AND THAT THE BACKFLOW DEVICES WILL WORK. AS YOU SAW FROM THE RECORD AND WHAT YOU SAW FROM WHAT THE STAFF JUST PRESENTED, THE CITY DID HAVE NUMEROUS MEETINGS, AND ALL OF THESE REQUESTS AND CONCERNS WERE EXPRESSED PARTICULARLY BY THIS FAMILY IN THOSE HEARINGS. THE HENDERSON FAMILY PROVIDED COMMENTARY AND QUESTIONS AT THE CITY HELD MEETINGS AS REFERENCED WITHIN THE CITY STAFF REPORT AND DOCUMENTS. THEY PROVIDED TO THE PZB, SEE THE RECORD, INCLUDING THE STAFF REPORT. THEY EVEN PROVIDED THEIR CONCERNS THROUGH THEIR REPRESENTATIVE AT THE PZB HEARING THROUGH A LETTER THAT WAS ENTERED INTO THE RECORD. THEY SUBMITTED THAT LETTER FOR PZB REVIEW. THEY MERELY SEEK THE CITY ADDRESS THESE CONCERNS IN A REASONABLE FASHION TO ENSURE THE PROJECT WILL NOT UNDULY IMPACT THEIR SCENIC VISTAS AND PUBLIC ACCESS. TO DATE, THERE HAVE BEEN NO CHANGES OR REVISIONS TO THE PLAN TO ATTEMPT TO SATISFY THE CONCERNS OF THE ADJACENT AND DIRECTLY IMPACTED CITY RESIDENCES ON INLET DRIVE. AGAIN, HERE'S THE REASONING FOR THEM NOT CHANGING. THIS WOULD TRIGGER ADDITIONAL DESIGN, ADDITIONAL REQUIREMENTS, CHANGE THE PLAN. IT ALSO INCREASES PROJECT COSTS. THE CITY COULD CONSIDER THIS IN A POTENTIALLY A FUTURE PROJECT, BUT THAT CANNOT BE ACCOMPLISHED UNDER THIS PROPOSED PROJECT. YOU HEARD THE STAFF JUST TELL YOU, THE CITY'S ALREADY SECURED EASEMENTS, AND THE PROJECT IS COMPLETE AND READY FOR CONSTRUCTION. AGAIN, THERE'S PLENTY OF PEOPLE THAT ARE BRINGING PROJECTS BEFORE THE PZB AND THIS COMMISSION THAT STATE, WE HAVE FUNDING. WE HAVE FINAL PLANS. GUESS WHAT HAPPENS. WE TELL THEM THEY HAVE TO CHANGE THEIR PLANS TO ADDRESS THE ISSUES THAT ARE CALLED FOR BEING ADDRESSED WITHIN OUR OWN CITY CODE. AS YOU KNOW, ALL PRIVATE APPLICANTS ARE PROVIDED. THE BURDEN OF PROOF IS ON THEM. IF YOU HAVE TO CHANGE YOUR PLAN, YOU HAVE TO CHANGE YOUR PLAN. THE REASON CANNOT BE WE'VE ALREADY HAVE A GRANT FOR IT, OR WE ALREADY HAVE THE FUNDS READY TO GO. WE THINK IT UNFATHOMABLE THAT THE VERY CITY WHOSE CODE THEY REQUIRE OTHERS TO FOLLOW, AND THE PZB DOES THE SAME UPON CONSTANT ANALYSIS AND QUESTIONING, WILL NOT BUDGE ON THEIR DESIGN MERELY BECAUSE IT'S ALREADY DESIGNED AND REQUIRES DEVELOPMENT AS APPLIED. THE WATERWAY HAS BEEN ACCESSED BY THIS AREA FOR DECADES. THE APPLICANTS FAILURE TO PROVIDE REVISIONS TO THE PLAN, ADDRESS THE ACCESS OF THE ADJACENT CITY RESIDENTS, AS WELL AS TO RESPECT THEIR SCENIC VISTA BY REVISING THE HEIGHT OF THE WALL IS BOTH UNREASONABLE AND DIRECTLY FLIES IN THE FACE OF THE PROVISIONS OF OUR CODE THAT WE'RE REQUIRED TO CONSIDER. AGAIN, YOU CAN SEE THE PICTURES THAT ARE PROVIDED WITHIN THE STAFF REPORT. IT SHOWS HOW THIS WALL IS GOING TO BE APPROXIMATELY 4.25 FEET OVER WHERE THE EXISTING WALL IS AT A TOTAL OF APPROXIMATELY 8.5 FEET. >> AGAIN, IT'S UNFATHOMABLE TO CONSIDER THE FACT THAT A CITY APPLICANT WOULD COME IN AND SAY, WE'RE NOT GOING TO CHANGE THE PROJECT. THEY HAVEN'T CHANGED THIS PROJECT FROM THE FIRST TIME IT WAS BROUGHT BEFORE THESE CITIZENS, AND ALL OF THESE CONCERNS WERE STATED ON THE RECORD. THEY SAID THEY CAN'T BECAUSE IT WOULD COST MORE MONEY TO CHANGE THE PLAN, OR IT WOULD AFFECT THE GRANT AND THE PLANS THAT WERE GIVEN TO THEM. THE PCB HAD THE RESPONSIBILITY TO QUESTION AND SCRUTINIZE THE SUBMITTAL. THAT'S MADE CLEAR WITHIN YOUR STAFF REPORT WHICH SAYS THE REVIEW OF 11-29 IS THE RESPONSIBILITY OF THE PLANNING AND ZONING BOARD. THE APPLICATION AND THE PROPOSAL CLEARLY VIOLATE MANY OF THE 17 CRITERIA FOR REVIEW AS PROPOSED. THE BURDEN IS ON THE APPLICANT TO PROVIDE THE PROOF. THERE ARE SPECIFIC REFERENCES WITHIN THE APPEAL THAT POINT TO TRANSCRIPT REFERENCES THAT TALK ABOUT THIS LACK OF EVIDENCE WITHIN THE RECORD. I WON'T GO INTO EACH OF THOSE. YOU CAN SEE THOSE WITHIN THE TRANSCRIPT. A STRICT SCRUTINY REVIEW OF THE RECORD CLEARLY REVEALS THAT THE APPLICANT DID NOT MEET EACH AND EVERY REQUIREMENT GUIDELINE CODE REGULATION FOR THIS REQUEST. THE DOCUMENTARY AND TESTIMONY EVIDENCE OFFERED WAS MERELY A ONE-SIDED JUSTIFICATION FOR USE OF GRANT FUNDS THAT THE CITY HAD ALREADY APPLIED FOR AND BEEN GRANTED, PREDICATED UPON THIS PLAN AND THEY DO NOT WANT TO ALTER THE PLAN AND MEET THE CONCERNS OF THE AREA RESIDENTS FOR SCENIC VISTA PROTECTION AND FOR PUBLIC ACCESS TO THE INLET THAT HAS BEEN CUSTOMARY IN THIS AREA FOR DECADES. IN FACT, THEIR TESTIMONY WAS MERELY BASED UPON VAGUE ASSERTIONS AGAINST THOSE CONCERNS, AS SPECIFICALLY RECOUNTED BY THE APPLICANT FROM THE MANY TIMES THEY WERE EXPRESSED AT THE CITY'S PUBLIC MEETINGS SEEKING INPUT, NONE OF WHICH WAS INCLUDED OR HEARD. [01:55:01] THE BOARD MEMBERS' COMMENTS AND COMPLETE DEFERENCE TO THE CITY STAFF PRESENTERS AND APPLICANTS, AND THE FAILURE TO FULLY EVALUATE THE 17 CRITERIA, AS IS ALWAYS STRENUOUSLY REQUIRED OF EVERY PRIVATE APPLICANT, SHOW THEIR CLEARLY PREDETERMINED POSITIONS ON THIS CITY PROJECT. THOSE COMMENTS, RUBBER-STAMPING THIS CITY PROJECT MERELY BECAUSE IT IS A CITY PROJECT, SERVE AS A GUIDING LIGHT FOR THIS COMMISSION'S EVALUATION OF WHETHER THE BOARD FULLY EVALUATED THE CRITERIA AND ANALYZED THE PROPOSAL, AND WHETHER THE FACT-BASED TESTIMONY PROVIDED CALLED THAT PROPOSAL INTO QUESTION UNDER THE CODE CRITERIA. WE UNDERSTAND ELECTED AND APPOINTED OFFICIALS ARE CHARGED WITH THE ADMINISTRATION OF CITY AND COUNTY GOVERNMENT ARE SUBJECTED TO INCREASING PRESSURES. ON ONE HAND, THEY'RE PRESSED TO ALLOW GROWTH ONLY IF COMMENSURATE WITH AVAILABLE ROADS AND SERVICES AND MEETS THE AREA OF CITIZENS. ON THE OTHER HAND, THE PRESSURE FROM LAND OWNERS WHO WISH TO DEVELOP THEIR VACANT PROPERTIES. OPPOSITION OF SURROUNDING PROPERTY OWNERS MUST BE CONSIDERED BY THE CITY IF COMPETENT, SUBSTANTIAL EVIDENCE IS PRESENTED SHOWING AN ACTUAL EFFECT ON THEIR PROPERTY AS PROHIBITED BY THE CRITERIA. IN THE INSTANT CASE, THE APPLICANT CLEARLY FAILED TO ESTABLISH WITH COMPETENT SUBSTANTIAL EVIDENCE THAT THEIR APPLICATION MET ALL THE APPLICABLE PROVISIONS OF THE CITY'S GUIDELINES AND COMPLIED WITH ALL THE CITY CODES. THIS FACT WAS CONTESTED BY THE COMPETENT SUBSTANTIAL EVIDENCE IN THE STAFF REPORT FROM THE FACT-BASED WITNESS TESTIMONY CITED IN THE CITY MEETINGS. IN FACT, THERE WAS NO DIRECT EVIDENCE IN THE RECORD SHORT OF THE VAGUE ANSWERS BY THE APPLICANT AND THE PURELY HYPOTHETICAL OPINIONS AND CONJECTURES POSITING THAT IT WOULD NOT AFFECT THE ENVIRONMENT AND WOULD NOT UNDULY IMPACT THE SCENIC VISTAS, AND THEIR STATEMENT, THEY WOULD NOT CHANGE THE PLAN BECAUSE IT DID NOT FIT INTO THE GRANT AS APPLIED AND APPROVED, LET ALONE COMPETENT SUBSTANTIAL EVIDENCE TO SUPPORT REFUTING THE CITIZEN NEIGHBOR CONCERNS BASED UPON THE FACTS. IN SOME, THE RUBBER STAMP BY THE BOARD, BROUGHT ON BY THE UNSUBSTANTIATED, VAGUE ASSERTIONS OF THE APPLICANT, THEIR ATTEMPTS TO MEET THE REQUIREMENTS WITHIN THE CITY CODES, GUIDELINES, AND STANDARDS SHOULD NOT BE MERELY ACCEPTED BY THE COMMISSION. THIS APPEAL IS THOSE NEIGHBORS RECOURSE. INSTEAD, WE PLEAD THIS COMMISSION WILL ADDRESS THE CONCERNS OF ADJACENT CITIZENS AND ATTEMPT TO OFFER REASONABLE MODIFICATION TO ADDRESS THE UNREASONABLE INTRUSIONS IN THE SCENIC VISTA AND THE COMPLETE BLOCKING OF PUBLIC ACCESS OVER PUBLIC LANDS, ALL OF WHICH HAS BEEN PRESENT AND ENJOYED BY THESE NOW UNREASONABLY AFFECTED CITY RESIDENCES. THERE CAN BE NO QUESTION THAT THIS APPROVAL, WHICH WAS OPPOSED BY FACT BASED CITIZEN CONCERNS IN THE RECORD, WHO OFFERED SUBSTANTIVE COMPETENT, SUBSTANTIAL EVIDENCE OF THEIR FACT BASED CONCERNS WAS, IN FACT, A VIOLATION OF THE CITY CODE THAT REPRESENTS A FAILURE TO FOLLOW THE ESSENTIAL REQUIREMENTS OF LAW AND AN ORDER THAT WAS NOT SUPPORTED BY ANY EVIDENCE IN THE RECORD, MUCH LESS EVIDENCE THAT WAS COMPETENT, SUBSTANTIAL. SUCH AN ACTION IN THIS CASE AT HAND, IS CLEAR ERROR. AS I SAID, THIS APPEAL IS THEIR RECOURSE. FINALLY, I JUST WANT TO SAY, THEY REALLY ARE HERE, AND THEY WOULD REALLY LIKE TO STRETCH OUT THEIR HAND TO THE CITY COMMISSION TO LOOK AT MODIFICATIONS TO THIS PLAN TO HELP THEIR SCENIC VISTA, LIKE WE DO FOR EVERY OTHER PRIVATE APPLICANT AND COMMUNITY MEMBERS THAT COME IN AND ASK ABOUT PROJECTS. WE CHANGE AND TELL APPLICANTS THEY HAVE TO CHANGE THEIR PROJECT ALL THE TIME. THE THINGS THEY ASK FOR IS, NUMBER 1, THAT THIS WALL BE LOWERED. THERE'S NO PROOF IN THE RECORD THAT SHOWS THAT THEY NEED THE WALL AT THIS HEIGHT TO ACHIEVE THE GOALS OF PROTECTING DAVIS SHORES. NUMBER 2, IN THE LAST ITERATION OF THIS, A CAP WAS PUT ON. THAT'S A POINTY CAP INSTEAD OF A FLAT CAP ON THE TOP OF THE WALL. THE FACT IS THEY WOULD ASK THE CITY COMMISSION TO QUESTION THE STAFF ABOUT THIS AND RETURN TO THE FLAT CAP, WHICH WOULD LOWER THE HEIGHT OF THE WALL AT LEAST BY 12-18 INCHES IS MY UNDERSTANDING. FINALLY, THEY WOULD ASK THAT THERE BE SOME INCLUSION OF PUBLIC ACCESS TO THE WATERWAY OVER THESE PUBLICLY HELD LANDS. AS YOU HEARD FROM THE STAFF IN THEIR REPORT PREVIOUSLY, PEOPLE HAVE BEEN ACCESSING SALT RUN OVER THIS AREA FOR MANY, MANY YEARS. NOW WE FEEL LIKE WE JUST WANT TO CUT IT OFF BECAUSE WE CAN'T WORK A CHANGE INTO IT. LIKE I SAID, THERE'S PLENTY OF PRIVATE APPLICANTS THAT COME AND BRING PLANS TO YOU, AND THEY'RE TOLD, FIGURE OUT A WAY. THAT'S ALL THESE PEOPLE ASKED FOR. APPRECIATE YOUR TIME, AND I'M HERE FOR ANY QUESTIONS. THANK YOU, MADAM MAYOR. >> QUESTIONS OF THE APPLICANT REPRESENTATIVE BEFORE WE GO ON TO PUBLIC. >> COUPLE OF REMINDERS, OBVIOUSLY, A REMINDER FOR EXPARE DISCLOSURE. YOU'RE FAMILIAR WITH THAT. I DID WANT TO ASK IF I MAY THROUGH THE CHAIR TO ASK MR. WHITEHOUSE IF HE'S REQUESTING A MODIFICATION PER 28-29. [02:00:07] THE ONLY REASON I ASK THAT IS BECAUSE THE WAY OUR APPEAL SECTION IN OUR CODE READS IS NORMALLY, THESE TYPES OF APPEALS ARE AN APPEAL ON THE RECORD. YOU'RE EITHER AFFIRMING WHAT THE PCB DECIDED OR YOU'RE SAYING THEY MADE A MISTAKE, AND YOU'RE REVERSING IT. THERE'S THIS THIRD OPTION, WHICH IS MODIFICATION. IN ORDER FOR, I GUESS ME TO BE CLEAR, BUT MORE IMPORTANTLY FOR YOU TO BE CLEAR, IF MR. WHITEHOUSE IS AT THIS TIME ASKING FOR A MODIFICATION TO THE PCB APPROVAL, THROUGH THIS CITY COMMISSION. THE REASON THAT MATTERS IS NOW WE'RE GOING TO BE REQUIRED TO OPEN UP TO EVIDENTIARY ISSUES. IT WON'T JUST BE ON THE RECORD IF HE'S ASKING FOR A MODIFICATION IN THAT SENSE. MR. WHITEHOUSE, COULD YOU CLARIFY WHAT MODIFICATION YOU'RE ASKING? >> I THINK WE'RE ASKING THE ALTERNATIVE. WE DO BELIEVE THAT THE PCB MADE AN ERROR IN NOT CONSIDERING THESE FACTORS, AND WE DON'T BELIEVE THERE WAS COMPETENT, SUBSTANTIAL EVIDENCE ON THE RECORD TO SUPPORT IT. HOWEVER, IF THE COMMISSION DECIDES THAT THEY FEEL IT COULD BE MODIFIED, THEN WE WOULD BE ACCEPTABLE WITH THAT AS WELL. I THINK FIRST PROCEED WITH WHETHER OR NOT THEY THOUGHT THERE WAS ERROR, IF THEY THINK IT SHOULD BE MODIFIED. THIS FAMILY WANTS TO BE AMENABLE SO THAT'S WHY THEY EXPRESSED THAT. THANK YOU. >> MAYBE IN AN ABUNDANCE OF CAUTION, WE SWEAR FOLKS IN ON THE OFF CHANCE THAT THEY'RE GIVING TESTIMONY AS TO THE POTENTIAL MODIFICATION. IS THAT AGREEABLE TO YOU TO AVOID HAVING TO BRING THEM BACK TWICE, ONCE ON THE RECORD, AND ONCE IF THEY'RE ADDRESSING YOUR MODIFICATION? >> IT'S UP TO THE CITY. >> EVERYBODY IN. IN THE HINDSIGHT, WE WANT TO GO IN THAT DIRECTION. WE COULD DECIDE AFTER WE HEAR ENOUGH. >> I SEE YOU'RE MISSING ONE COMMISSIONER, SO YOU MIGHT WANT TO DO EXPARTE IN A MINUTE. THERE YOU ARE. I APOLOGIZE. >> [BACKGROUND] I WAS GOING TO WAIT TO DO EXPARTE AFTER PUBLIC COMMENT, AND THEN WE CAN GET TO THE THREE ITEMS, ETC. ANY OTHER QUESTIONS FROM THE APPLICANT'S REPRESENTATIVE? >> WOULD YOU LIKE US TO SWEAR EVERYONE IN? THAT MIGHT BE MORE EFFICIENT? >> FOR PUBLIC COMMENT. YEAH. LET'S DO IT. >> ANYONE WHO WANTS TO MAKE A PUBLIC COMMENT, IF THEY COULD STAND AND OUR CLERK WILL SWEAR YOU IN IN A MASS SWEARING-IN. >> EVERYONE THAT TURNED IN A PUBLIC COMMENT CARD, PLEASE STAND AND BE SWORN IN. ANYONE ELSE THAT INTENDS TO HAND IN A PUBLIC COMMENT CARD, PLEASE STAND AND BE SWORN IN? I SEE A LOT MORE PEOPLE THAN I HAVE CARDS FOR SO I'LL BE EXPECTING SOME CARDS. NOW, WE WILL BEGIN PUBLIC COMMENT. I'LL CALL TWO NAMES AT A TIME. LIKE I SAID, WITH PUBLIC COMMENT, WE HAVE A CHAIR HERE AT THE FRONT. THE SECOND PERSON CAN BE ON DECK WAITING SO WE CAN KEEP THIS MOVING. I'LL CALL TWO NAMES. THE FIRST ONE IS JEFFREY SHARP, FOLLOWED BY ROBERT THOUSAND. JEFFREY SHARP, FOLLOWED BY DR. THOUSAND. >> WE'D ASK FOR FOLKS TO STATE THEIR NAME AND THEIR ADDRESS, AND I'M LOSING MY VOICE. I'M SORRY. >> MR. SHARP, WILL YOU PLEASE AND ALL, FOLKS, COME UP AND SPEAK YOUR NAME AND ADDRESS. YOU'LL HAVE THREE MINUTES TO SPEAK. >> MY NAME IS JEFFREY SHARP. I LIVE AT 130 INLET DRIVE. THIS IS ANOTHER PROPERTY THAT IS DIRECTLY IMPACTED. WE ARE DIRECTLY ACROSS THE STREET FROM THE AREA IN QUESTION. WELL, I'VE CHANGED A LOT OF MY REMARKS BASED ON THE TESTIMONY THAT'S BEEN GIVEN. WE HAVE VISTAS. WE HAVE INCREDIBLE VISTAS. THE IMPACT OF THIS SEA WALL WILL BE IMMATERIAL. THIS BARRIER HERE FOR YOU DOES NOT IMPACT THE VISTA OF THIS ROOM AND THAT WAS THE EQUIVALENT TO WHAT WE'LL BE FACING. >> COULD YOU STEP UP WHILE SPEAKING TO THE MIC. >> I'M SORRY. IN CONTRAST, AGAIN, TO THE PRESENTATION THAT YOU'VE JUST HEARD, WE'RE DELIGHTED WITH HOW THE PLANNING AND ZONING BOARD HAS HANDLED THIS AND HOW CAITLIN SARGENT AND JESSICA BEACH HAVE BEEN IN COMMUNICATION WITH US. [02:05:01] THEY'VE BEEN DOING A GREAT JOB, AND THIS PLAN LOOKS EXCEPTIONAL TO ME. THE APPLICANT HENDERSON, LLC AND THE PEOPLE WHO ACTUALLY ARE BEHIND THE LLC ARE NOT RESIDENTS OF THIS STATE. THEY'VE BEEN INHERITED THE PROPERTY AT 140 INLET DRIVE AND ARE USING IT FULL TIME AS A SHORT TERM RENTAL WITHIN OUR RESIDENTIAL NEIGHBORHOOD. ON MY PHONE, IF I CAN BRING IT UP. I HAVE A POSTING. WELL, I'VE LOST IT, BUT IT'S A POSTING OF THEIR LISTING ON BOOKINGS.COM. IT'S LISTED UNDER THE DOLPHINS OF SALT RUN. EARLIER TODAY, I SENT ALL OF YOU A LINK TO THAT WEBSITE, AND I HOPE YOU WERE ABLE TO TAKE A LOOK AT IT. HIS OBJECTION TO THE SEA WALL PROJECT IS BASED ON VISUAL AESTHETIC REASONS, AND THAT HE WILL NO LONGER BE ABLE TO PROMOTE HIS PROPERTY AS HAVING, AND I'M QUOTING HERE FROM THE WEBSITE. STUNNING SEA VIEWS, DIRECT BEACHFRONT ACCESS. HE ALSO INDICATES THAT THERE ARE SANDY SHORES, WHICH I'VE LIVED THERE FOR 35 YEARS, AND I DON'T REMEMBER SANDY SHORES. THERE IS A LOT OF ROCK AND OYSTERS, AND NOW WE HAVE MANGROVES. HIS WEBSITE AND HIS ATTEMPTS TO PROMOTE HIS PROPERTY IS THE SOURCE OF MOST OF THIS CONTROVERSY. THE APPELLANT IS OBJECTING TO THE CONSTRUCTION OF A SEAWALL DESIGNED TO PROTECT THE LIVES AND HOMES OF RESIDENTS OF THIS CITY, PURELY FOR HIS OWN PROFIT. >> THANK YOU. NEXT SPEAKER IS DR. ROBERT THOUSAND, FOLLOWED BY FOSTER THORPE. YOU WILL HAVE AN OPPORTUNITY TO REBUFF AFTER PUBLIC COMMENTS. >> THIS IS AN OBJECTION. >> I BELIEVE MR. WHITEHOUSE IS OBJECTING TO NEW TESTIMONY. THAT WAS WHAT I HAD ASKED, IF HE WANTS TO HAVE A MODIFICATION, NOW NEW TESTIMONY IS ALLOWED AS TO THE MODIFICATION. THE CHALLENGE IS IF WE'RE NOT GOING TO CONSIDER A MODIFICATION, THEN IT IS ONLY AN APPEAL ON THE RECORD. FOLKS COMMENTING SHOULD BE POINTING TO THE RECORD THAT WAS HELD AT THE PCB. >> THANK YOU FOR THE REMINDER. FOLKS PLEASE STICK TO WHAT IS IN THE RECORD AT THIS TIME. THAT'S WHERE WE ARE PROCEEDING. WE JUST HEARD A TESTIMONY FROM A GENTLEMAN WHO DID PRESENT NEW INFORMATION THAT WAS NOT IN THE RECORD. UNTIL FURTHER NOTICE, I THINK THAT WE SHOULD PROBABLY JUST ERASE THAT FROM OUR MINDS UNLESS WE DO MAKE A DECISION TO TAKE NEW INFORMATION AFTER WE HEAR FROM PUBLIC COMMENT. THANK YOU. TRY TO STAY WITH WHAT'S IN THE RECORD? >> THANK YOU. MY NAME IS ROBERT THOUSAND. I LEAVE AT 124 IN DRIVE, AND MR. WHITEHOUSE, YOU MIGHT WANT TO JUST STAND UP HERE WITH ME BECAUSE YOU'RE NOT GOING TO LIKE WHAT I'M GOING TO TELL YOU. >> DR. THOUSAND, PLEASE ADDRESS THE COMMISSION. >> THANK YOU. I'M GOING TO TELL YOU WHY WE'RE HERE, LADIES AND GENTLEMEN OF THE COUNCIL. WE'RE HERE BECAUSE THE RAYMONDS AND HENDERSONS WANT TO STALL THIS PROJECT ON A FALSE TECHNICALITY THAT THEY DID NOT KNOW ABOUT THIS PROJECT. I CAN TELL YOU HE HANDED OUT PAMPHLETS. RAYMOND HANDED OUT PAMPHLETS TO THE NEIGHBORS BEFORE THIS PROJECT BEGAN, WHEN IT WAS IN ITS EARLY STAGES. I KNOW THE CITY HAS SPENT MANY HOURS AND A LOT OF MONEY DEVELOPING THIS PLAN. RESIDENTS HAVE WORKED WITH THEM NUMEROUSLY, ALL THE RESIDENTS UP AND DOWN INLET DRIVE. I'LL TELL YOU WHY WE'RE HERE. WE'RE HERE BECAUSE OF ONE MAN OR ONE FAMILY WHO DOESN'T LIVE HERE, WHO DOESN'T OWN THE PROPERTY ACROSS THE STREET, BUT THEY WANT TO ADVERTISE FOR THEIR AIRBNB THAT THEY HAVE BEACH ACCESS AND A SCENIC VIEW. WELL, THEY STILL HAVE THE SCENIC VIEW. THE BALL IS NOT GOING TO DISRUPT THAT. I'VE LIVED HERE FOR 45 YEARS, AND IT'S NOT GOING TO DISRUPT IT. THEY WANT TO PROFIT FROM THE USE OF THE CITY PROPERTY FOR THEIR WHOLE PURPOSE OF PROMOTING THEIR AIRBNB. BY DOING THIS AND ALLOWING PEOPLE FROM AN AIRBNB TO WALK OVER ON THE CITY PROPERTY THAT AREN'T FAMILIAR WITH THE MANGROVES AND AREN'T FAMILIAR WITH OYSTER SHELLS THERE. IT'S LETTING THE CITY OPEN TO LITIGATION. WE ALREADY KNOW THAT THIS FAMILY IS LITIGIOUS. [02:10:03] THAT'S WHY WE'RE HERE. THEIR FAMILY HASN'T LIVED HERE LONG ENOUGH TO KNOW THE BENEFITS OF THE SEAWALL. THEY'VE ONLY ACQUIRED THE PROPERTY ONE OR TWO YEARS AGO THROUGH INHERITANCE. >> THEY GIVE UP NOTHING TO STOP THIS PROPERTY. I WAS THE ONLY ONE THAT HAD TO GIVE UP PROPERTY VIA A PERMANENT EASEMENT TO MAKE THIS PROJECT HAPPEN FOR THE BENEFIT OF THE NEIGHBORHOOD. THIS FAMILY GIVES UP NOTHING TO STOP THIS PROPERTY, ONLY THE BENEFIT OF INHERITING A BUSINESS, AND THE HECK WITH THE REST OF HIS NEIGHBORS. THIS PROJECT IS STALLED AND DELAYED. IT'S ON A TIME ZONE. IT'S ON A TIME FRAME OF BEING COMPLETED BY 2026. >> THANK YOU, MR. THOUSAND. NEXT SPEAKER IS WOLFGANG SHAW, FOLLOWED BY ROGER WHITE. FOSTER THORPE [LAUGHTER]. SO SORRY. WHERE DOES THEIR CARD GO? HERE WE GO. FOSTER THORPE. [OVERLAPPING] NAME AND ADDRESS. FOLLOWED BY WOLFGANG SHAW. >> FOSTER THORPE 136 INLET DRIVE. WE LIVE RIGHT NEXT DOOR TO THE RAYMONDS, AND WE'VE KNOWN HIM EVER SINCE. ACTUALLY, WE KNEW THEIR FATHER, WHO ACTUALLY DID LIVE THERE. REALLY APPRECIATED GETTING TO KNOW THEIR DAD. WHEN HE PASSED THE SONS AND A DAUGHTER SPENT MORE TIME THERE. NEVERTHELESS, THEY SIMPLY DO NOT LIVE THERE. THEY HAVE NOT EXPERIENCED HURRICANES. THEY DON'T KNOW WHAT THE FLOODING IS LIKE. I TALKED TO WILL ABOUT THIS. WILL JUNIOR, EXCUSE ME. HE SAID, "OH, I'VE SEEN THE FLOODING, " BUT HE'S TALKING ABOUT FILMS AND PHOTOGRAPHS. HE DOESN'T KNOW WHAT IT'S LIKE TO LIVE THERE. HE DOESN'T KNOW WHAT IT'S LIKE TO HAVE THE STREET FLOODED. HE CAN'T GET BY EVEN CLOSE TO IT THIS AFTERNOON. IT WAS A NORTHEASTERN AND FULL TIDE. IT'S A REAL INCONVENIENCE AND SAFETY HAZARD FOR US TO LIVE LIKE THAT. WE FIRST MOVED THERE IN '57, AND IT WAS BEAUTIFUL, HIGH SAND DUNES THERE, HURRICANE DONNA, HURRICANE DORA, ALL GONE. THE CITY CAME IN AND BUILT A RUSTIC SEA WALL, PRECAST, VERY SIMILAR TO THE NEW ONE. THE NEW ONE IS FAR MORE ADVANCED. THAT SEAWALL HELD UP UNTIL, I THINK, THE LATE 60S. IT STARTED TO GET UNDERMINED, SETTLING IN, HAD TECHNICAL PROBLEMS EVENTUALLY BECAUSE THERE WAS NO MAINTENANCE. WE JUST WATCHED IT DETERIORATE, AND IN THAT EVENT, WE EXPERIENCED THE FLOODING AND THE DAMAGE AND THE WAVES THAT COME FLYING ACROSS, DO MORE DAMAGE IN SOME CASES IN THE FLOODING. BUT I BESEECH YOU TO THINK IN TERMS OF THE PEOPLE WHO ACTUALLY LIVE THERE, WHO ACTUALLY HAVE TO PUT UP WITH IT. WE'VE BEEN WAITING SO MANY YEARS, AND WE'RE THOROUGHLY ENCOURAGED AND ENTHUSIASTIC ABOUT THE CITY'S EFFORTS. PLEASE PERSEVERE. MY PREVIOUS TWO NEIGHBORS THAT SPOKE PREVIOUSLY. THEY MAKE SOME VERY GOOD POINTS IN TERMS OF THE PRIORITIES INVOLVED. IT'S A COMMUNITY, AND THOSE OF US WHO LIVE HERE KNOW HOW CRITICAL IT IS TO HAVE THIS FLOODING INTERRUPT OUR LIVES AND ACTUALLY THREATEN OUR SAFETY SO MANY TIMES ON A CONSISTENT BASIS. THOSE WHO DO NOT SIMPLY CANNOT GRASP WHAT IT'S LIKE, AND HOW IMPORTANT THIS PROJECT IS TO REMEDY THE SITUATION. AS I'M SURE EVERYONE HERE WHO'S FAMILIAR WITH THE ISLAND AND KNOWS THAT THIS IS HOPEFULLY A PRIMARY STEP IN SECURING THE ISLAND AND SECURING ALL THE HOMES OF PEOPLE WHO ACTUALLY LIVE HERE. THANK YOU. >> THANK YOU VERY MUCH. WOLFGANG SHAW, FOLLOWED BY ROGER WHITE. >> COMMISSIONER, MAYOR, MY NAME IS WOLFGANG SHAW. I LIVE IN 140 INLET DRIVE, TWO HOUSES NORTH OF THE RAYMONDS, EXACTLY WHERE THE WORST PART OF THE FLOODING HAPPENS. ACTUALLY, YOU GET CONFRONTED WITH A COUPLE OF WRONG INFORMATION BY THEIR LAWYER. [02:15:07] THEY STATE THAT THE RAYMONDS LIVED THERE FOR DECADES. WE MOVED THERE IN 2012, AND THIS PROBABLY WAS OWNED BY TOM MILLER. THEN LATER, IT WAS OWNED BY NORM, AND I THINK THE RAYMONDS ACQUIRED IT ALMOST ONLY SIX YEARS AGO, NOT DECADES AGO. BY THE WAY. NUMBER 2, THE HEIGHT LEVEL THEY ARE USING IS CONFUSING. THERE'S TWO DIFFERENT NORMS. ONE IS NAVD 29, WHICH IS OBSOLETE, AND THE TODAY'S NORM IS NAVD 88. THIS IS THE DEFINITION OF THE FLOODWATER, HIGH-LEVEL WATER. THE DIFFERENCE IS ONE FOOT AND A FEW INCHES. WHEN THEY'RE TALKING ABOUT THAT THE INLET IS FOUR FEET AND 50 SOMETHING, THEY TALK ABOUT NAVD 29. I HAVE THE DATA OF NAVD 88, AND THE INLET, THE STREET LEVEL, WHICH IS ALREADY A FOOT LOWER THAN THE BANK, IS ALREADY 5.5 FEET. FROM 5.5 FEET TO 8.5 FEET IS THREE FEET. THAT'S WHAT JESSICA BEACH SAID. THIRD, THEY TRY TO STIPULATE THAT THERE IS PUBLIC ACCESS. THERE'S NO PUBLIC ACCESS. I MYSELF OWNED THE PROPERTY IN 151, AND AT ONE POINT IN TIME, I DID SOME REPAIRS, AND A LITTLE ROCK ROLLED ON MY ANKLE AND CUT MY ARTERIES, AND BEFORE I GOT HOME, I PROBABLY LOST HALF A LITER OF BLOOD. I STRONGLY URGE THE CITY NOT TO PROVIDE PUBLIC ACCESS INTO THESE OYSTER FIELDS, BECAUSE YOU WILL HAVE A LIABILITY ISSUE. PEOPLE WILL GET HURT. THAT IS WHAT YOU SHOULD CONSIDER IF YOU PROVIDE A PUBLIC ACCESS, THAT'S WHAT HE WANTS YOU TO DO, THAT'S THE MODIFICATION THEY'RE TALKING ABOUT. THANK YOU. >> THANK YOU. NEXT SPEAKER, ROGER WHITE, FOLLOWED BY PATRICIA YOUNG. >> ROGER WHITE AND THREE MARAT STREET, WHICH SHOULD BE 158 INLET DRIVE, BUT I WON'T GO THERE. WE LOOK OUT ONTO THAT INLET, AND WE LAUNCH OUR KAYAKS THERE. BUT THE MILD INCONVENIENCE OF WALKING TO THE END OF THE STREET TO PUT IN THE KAYAKS OR GET TO KNOW YOUR NEIGHBORS THAT DO HAVE A DOCK CAN SOLVE THAT PROBLEM. THE ACCESS IS AVAILABLE TO NEIGHBORS, WHICH THESE PEOPLE ARE NOT NEIGHBORS. I'M A PRESIDENT OF SANDS. AS YOU SAW, JESSICA BEACH MET WITH SANDS. WE REPRESENT OVER 780 HOMES OR LIVING SITUATIONS OF SOME OF OUR APARTMENTS AND CONDOS. IT IS OVERWHELMINGLY SUPPORTED. THE IDEA THAT THIS IS CONTROVERSIAL IS A MYTH. WOLFGANG ALREADY HANDLED THE MYTH ABOUT THE THREE FEET VERSUS THE 4.5 FEET BECAUSE IT MAY BE 4.5 FEET FROM THE EXISTING WALL, BUT THE EXISTING WALL IS SUNK. IT HAS MOVED INTO THE INLET. IT IS NOT GOING TO AFFECT ANYBODY'S VISTA, AND THE RESIDENTS GREATLY APPRECIATE THE EFFORTS THAT HAVE BEEN DONE, THE COMMUNICATION EFFORTS THAT HAVE BEEN DONE BY THE CITY. WE STRONGLY HOPE YOU CONTINUE TO SUPPORT THIS PROJECT. OUR HOMES DEPEND ON IT. THANK YOU. >> THANK YOU. PATRICIA YOUNG, FOLLOWED BY DR. LOIS AUSTIN. >> MY NAME IS PATRICIA YOUNG. I OWN AND LIVE AT 120 INLET DRIVE. I AGREE WITH THE POINTS THAT MY NEIGHBORS HAVE MADE. I WOULD LIKE TO ADD THAT THE STATEMENT THAT THIS PROJECT HAS BEEN RUBBER-STAMPED IS INCORRECT. I HAVE ATTENDED ALL OF THE MEETINGS DEALING WITH THIS ISSUE. THE ISSUES, FOR INSTANCE, THE VISTA, WHICH WOLFGANG EXPLAINED, HAS BEEN DISCUSSED, AND THE FEELINGS OF THE NEIGHBORS HAVE BEEN HEARD AND CONSIDERED. ONE THING I NOTICED ABOUT THE PRESENTATION ABOUT HOW 140 INLET DRIVE, THE VISTA THERE WOULD BE IMPACTED, IS THAT WE SAW DRAWINGS OF WHERE THE WALL WOULD BE AND WHERE THE HOUSE IS, [02:20:05] BUT THERE'S NO ILLUSTRATION OR PHOTOGRAPH SHOWING WHAT THAT VISTA WOULD ACTUALLY LOOK LIKE FROM THE HOUSE. IT'S DIFFICULT TO KNOW WHY THERE'S A CONCERN THAT THIS WOULD IMPACT THEIR VISTA SIGNIFICANTLY. I'VE LIVED IN FLORIDA MY ENTIRE LIFE. I'VE LIVED THROUGH HURRICANES, FLOODING DAMAGE TO PROPERTY. I KNOW WHAT IT'S LIKE. I KNOW THAT IF THIS PROJECT DOES NOT GO FORWARD TO PROTECT OUR PROPERTY, THERE WILL BE NO PROPERTY TO PROTECT OR EVEN DISCUSS. THERE WILL BE NO AIRBNB TO RENT IF THERE WERE A DRASTIC EVENT, WHICH I BELIEVE IS QUITE POSSIBLE IF WE DON'T PROTECT THIS AREA. THANK YOU. >> THANK YOU. DR. LOIS AUSTIN, FOLLOWED BY TOM DRESBACH. >> MAYOR SIKES KLINE, MEMBERS OF THE COMMISSION. FIRST OF ALL, THANK YOU AGAIN. THIS IS THE THIRD TIME WE'VE BEEN HERE, AND I APPRECIATE YOUR PERSISTENCE IN THIS MATTER. THE NON-RESIDENT OWNER AND HIS LEGAL ADVOCATE IMPLY THAT YOUR INTRANSIENCE, YOUR UNWILLINGNESS TO CHANGE THE COURSE OF ACTION THAT YOU'VE PROPOSED, IS A MATTER OF INCONVENIENCE, THAT IT'S INCONVENIENT FOR THIS PROCESS TO PROCEED BECAUSE OF A TIMETABLE AND A GRANT. WHEN IN FACT, THAT'S RELEVANT, BUT NOT THE IMPORTANT CONSIDERATION. THE GRANT TIMETABLES ARE BEYOND THE CONTROL OF THE CITY AND THIS COMMISSION. THE COMMISSION'S RESOLVE IS THE IMPORTANT ASPECT. YOUR RESOLVE HAS BEEN TO PERSEVERE IN THE FACE OF INCLEMENT WEATHER, THREATENING STORMS, ERODING SHORELINES, SAFETY OF RESIDENTS, PRESERVATION OF REAL ESTATE VALUES. THAT'S WHAT THIS COMMISSION HAS UNDERTAKEN TO TRY TO PROTECT THE RESIDENTS, THEIR SAFETY, THE VALUE OF THE AREA, THE RECREATIONAL ASPECTS OF WALKING ALONG, AND NOT BEING IMPEDED BY FLOODS, SNAKES, AND OTHER THINGS COMING UP FROM THE TIDES. I'M URGING THE COMMISSION IN YOUR DETERMINATION THIS EVENING TO PLEASE CONTINUE TO PROMOTE FOUR THINGS. FIRST, THE GENERAL WELFARE AND THE PROTECTION OF THE RESIDENTS AND TAXPAYERS IN THE CITY, ESPECIALLY ALONG INLET DRIVE. NUMBER 2, THE COMMON CAUSE OF 124 INLET DRIVE NEIGHBORHOOD. THREE, THE SAFETY, THE PRESERVATION OF THE ENVIRONMENT, THE PROTECTION OF THE REAL ESTATE VALUES, AND NUMBER 4, THE UNITY OF PURPOSE THAT THIS COMMISSION HAS CONSISTENTLY DEMONSTRATED IN CONSTRUCTING THE RETAINING WALL. THE NEIGHBORS, AND I MUCH APPRECIATE YOUR DILIGENCE TONIGHT IN CONTINUING TO HEAR AND PROCEED ON COURSE. I URGE YOU TO STAY THE COURSE THAT YOU HAVE INITIATED. THANK YOU, AND HAPPY NEW YEAR. >> THANK YOU. TOM DRESBACH, FOLLOWED BY PETER BURKHART. THAT IS MY LAST CARD IS PETER BURKHART. >> DO I HAVE TO FOLLOW HER? >> YES. YOU DO. >> TOM DRESBACH, 132 INLET. >> PUT IT ON. THERE NEEDS TO BE A GREEN LIGHT. A LITTLE GREEN LIGHT NEEDS TO COME ON. THERE WE GO. >> THERE WE GO. THANK YOU. I'D LIKE TO THANK THE COMMISSION FOR ALWAYS BEING HERE. I'D LIKE TO THANK ALL THE OTHER NINE RESIDENTS THAT SHOWED UP. WE HAVE TEN PEOPLE FROM OUR ROAD. I TAKE A LITTLE ANSWERS TO THE LAWYER'S PRESENTATION IN TALKING ABOUT THE PROPERTY OWNER'S RIGHTS. TEN PEOPLE ADJACENT TO THEM ARE HERE FOR THE OPPOSITE REASON. I'D ALSO LIKE TO THANK JESSICA. I ACTUALLY TOLD HER AT ONE POINT, WE HAD MORE TRANSPARENCY WITH THIS PROJECT THAN I'VE EVER SEEN IN THE CITY, AND I ACTUALLY TOLD HER WE HAD TOO MUCH TRANSPARENCY. SHE'S JUST ALWAYS COMMUNICATING. SHE'S DID A GREAT JOB AND IS DOING A GREAT JOB. [02:25:03] JUST VERY QUICKLY, IT'S A LITTLE DISJOINTED, BUT THIS IS NOT A FAMILY RESIDENCE THAT'S PORTRAYED BY THE LAWYER. IT'S AN LLC, WHICH IS NOT HOMESTEADED. IT'S A FOR-PROFIT BUSINESS. AS FAR AS THE HEIGHT OF THE WALL. IT'S EIGHT-FOOT, SIX WITH A CAP, MAYBE SIX INCHES IF YOU STRETCH IT. I DON'T KNOW WHERE THE 18 INCHES COMES FROM, AND THAT'S IT'S ALMOST FRAUDULENT IN A PRESENTATION. THE FOUR-FOOT, TWO, HEIGHT OF THE WALL. IN FRONT OF MY HOUSE, THE WALL LITERALLY IS SIX INCHES BELOW THE EXISTING BERM. I WILL BE LOOKING DOWN ON THE WALL ONCE IT'S CONSTRUCTED. DOWN THE STREET, IT'S MAYBE 30 INCHES. AGAIN, WHERE THE FOUR-FOOT, TWO COMES FROM. I GUESS IF YOU TAKE A PICTURE [OVERLAPPING]. >> YOU NEED TO STAY [OVERLAPPING]. > IF YOU STAND LIKE THIS AND TAKE A PICTURE, IT'S DIFFERENT. IF YOU STAND, LIKE THIS. AS FAR AS ACCESS, IT'S A NON-ACCESS AREA. IF YOU START PUTTING STEPS IN, THEN NOW YOU HAVE TO HAVE ADA, AND THAT'S NOT GOING TO FLY. IT'S NOT A PARK. ALSO, MOST OF THE DRIVE, THE MANGROVES IN PLACE NOW WILL BE LITERALLY HIGHER THAN THE WALL. VISTA IS NOT AN ISSUE, AS IT WAS NOT AT THE 117 ISSUE BECAUSE OF THE TREES. BASICALLY, I APOLOGIZE FOR BEING ALL OVER THE PLACE, BUT AGAIN, IT'S NOT A PARK, AND JUST DO THE RIGHT THING. KEEP US PROTECTED. THANK YOU. >> THANK YOU. LAST SPEAKER CARD, PETER BURKHART. >> PETER BURKHARDT GOT PROPERTY AT 111 INLET DRIVE, AND GREW UP AT 157 INLET DRIVE, WHERE MY MOTHER STILL LIVES SINCE 1969. THANKS FOR SAVING THE BEST FOR LAST IN THE YOUNGEST. [LAUGHTER] NOW, THEY ALL HATE ME. BUT, YEAH, JUST LISTEN TO EVERYTHING THAT WAS SAID. IT'S AMAZING THAT BASICALLY, THERE WAS A LIE ABOUT HIM NOT KNOWING. WHEN I HEAR THAT HE WAS HANDING OUT FLIERS, THE OWNER OF 140 INLET DRIVE IS PRETTY DISAPPOINTING, SO HE WAS INFORMED. IT WAS APPROVED, AND THE CITY MARKED ON STICKS SHOWING HOW HIGH IT WAS GOING TO BE. EVERYBODY KNEW THEN AND THE MANGROVES WERE HIGHER THAN IT DOES PROTECT. DO YOU SEE EVERYBODY SENIOR ON THE STREET, INCLUDE MY MOTHER, WHERE NOW THE WATER IS BREACHING OVER FROM THAT RIGHT THERE, WAVING OVER, EVEN WHEN THERE'S NOT A HURRICANE. IT'S IMPEDING ACCESS FOR EMERGENCY VEHICLES TO GET TO THESE HOMES PERHAPS AND STUFF. I DEFINITELY SUPPORT IT. IT IS LLC FOR AIRBNB, WHICH MEANS NOW YOU'VE GOT TRANSIENT PEOPLE HERE WELL, THEY DON'T OWN THE MUD OR THE RIPARIAN RIGHTS ON THAT SIDE. THEN THEY'RE GOING TO MESS WITH THE MANGROVES, WHICH IS A PROTECTED SPECIES AND STUFF, WHICH IS PART OF OUR LIFE NOW, GET CUT, THIS OUT AND THE OTHER, GOING TO BE LAWSUITS OR WHATEVER, WHATNOT, BUT WE HAVE TO RESPECT THAT PART, TOO. THANK YOU VERY MUCH. >> THANK YOU. ANY OTHER SPEAKERS? PUBLIC COMMENT IS CLOSED. MR. WHITEHOUSE, YOU HAVE AN OPPORTUNITY TO RESPOND. >> I'M SORRY. YOU PROBABLY SHOULD DO EX PARTE NOW INCASE MR. WHITE. >> LET'S DO IT. LET'S GO AHEAD AND DO IT. >> THAT WAY, IF HE HAS A QUESTION ABOUT YOUR EX PARTE, HE HAS AN OPPORTUNITY TO ASK. >> I HAVE NONE. >> I'VE BEEN ON THE PROPERTY WITH MS. BEACH YEARS AGO, AND HAVE RIDDEN MY BIKE BY IT, WALKED BY IT, AND DROVE IN A CAR BY IT, BUT I HAVE NOT DONE A FORMAL SITE VISIT. THAT'S ALL THE EX PARTE. I HAVE NO DISCUSSIONS WITH ANYBODY. >> WELL, IT'S MY NEIGHBORHOOD. I'VE BEEN DOWN THERE BAJILLION TIMES OVER THE YEARS SO I DID HAVE A CONVERSATION WITH ROGER WHITE. HOWEVER, IT WASN'T SUBSTANTIVE. IT WAS JUST TO TALK TO HIM ABOUT THE PROCEDURE OF HOW AN APPEAL GOES. YES. >> I'M SORRY. I NEGLECTED TO SAY THAT I HAVE RECEIVED EMAILS FROM SEVERAL OF THE PROPERTY OWNERS, YES. >> WE DO HAVE EMAILS ON THE SERVER. >> I WAS GOING TO SAY, EMAILS ON THE SERVER. [02:30:02] VERY FAMILIAR TO SITE, DID MY OWN SITE VISITS. >> I MIGHT HAVE EMAILS, BUT I HAVEN'T READ ANY EMAILS. I HAVEN'T SPOKEN TO ANYBODY IN REFERENCE TO THIS. >> MR. WHITEHOUSE ARE YOU. >> JUST A FEW THINGS. >> YOU'RE READY? >> YES, MA'AM. FIRST OF ALL, STARTING OFF, I WANT TO CLARIFY THAT MY STATEMENT THAT THIS IS A FAMILY OWN RESIDENCE IS ACCURATE. IT IS A FAMILY OWN RESIDENCE. NUMBER 1, THEY INHERITED IT FROM THE FATHER WHO PASSED AWAY. NUMBER 2, THERE WAS SOME QUESTIONS ABOUT WHETHER OR NOT THEY RECEIVED NOTICE. THEY NEVER RECEIVED THE NOTICE. IT'S IN YOUR PACKET, MARY, CAN YOU SWITCH TO THE OVERHEAD? IT'S IN YOUR PACKET AND VERIFIED BY YOUR STAFF BY EMAIL. AGAIN, THIS IS ALL IN THE RECORD THAT THEY NEVER RECEIVED THE NOTICE BECAUSE IT WAS RETURNED TO CENTER AND THE USPS TRACKING IS WITHIN IT. THEY DIDN'T RECEIVE NOTICE OF THE HEARING. THAT'S NUMBER 2. NUMBER 3, IF YOU CAN SWITCH THE OVERHEAD, MARY. THE REASON WHY THEY HAVE ASKED AND I TALKED ABOUT A MODIFICATION WAS BECAUSE THEY DON'T OPPOSE THE PROJECT. THEY HAVE NO OBJECTION. IN FACT, THE MAJORITY OF THE THINGS THAT YOU JUST HEARD FROM THE PUBLIC TO PROTECT THIS AREA, THEY HAVE NO OBJECTION TO THAT. THEIR OBJECTIONS WERE THINGS THEY STATED IN EVERY PUBLIC MEETING THAT THEY ATTENDED OR SENT EMAILS TO STAFF ABOUT, WHICH WAS THE FACT, CAN THERE BE ALTERATIONS TO THE PROJECT TO HELP WITH THEIR SCENIC VISTA IMPACT? THEY PROVIDED PICTURES. I'M SORRY, CAN YOU GO BACK TO THE LAPTOP MARY? THEY PROVIDED PICTURE. THESE ARE ALL WITHIN IN THE RECORD AND WERE PROVIDED PREVIOUSLY AND PROVIDED TO THE STAFF. THEY PROVIDED PICTURES ACROSS SHOWING HOW THIS WAS GOING TO IMPACT THEIR SCENIC VISTA. AS I SAID, WHEN YOU TALK ABOUT THEIR REQUESTS, THEIR REQUESTS WERE NOT TO KILL THE PROJECT. THEIR REQUESTS ARE NOT BECAUSE THEY WANT TO HAVE NO PROTECTION IN DAVID SHORES. THEIR REQUESTS HAD TO DO WITH THE 17 CRITERIA THAT YOUR PLANNING AND ZONING BOARD WERE REQUIRED TO CONSIDER WHEN THEY TALK ABOUT ANY PROJECT, AND WE HAVE PROJECTS CHANGED ALL THE TIME, AND THE STATEMENT FROM THE STAFF WAS THAT WE CAN'T CHANGE IT BECAUSE WE ALREADY GOT THE GRANT. ALL I WAS SAYING WAS THAT'S WHY IT'S CONSIDERED A FOREGONE CONCLUSION, CONSIDERING THOSE THINGS, WHETHER OR NOT THERE SHOULD BE A POINTY CAP ON TOP, CONSIDERING WHETHER OR NOT THERE SHOULD BE SOME ACCESS HERE, BECAUSE AND THAT WAS ONE OF THE INCONSISTENCY THAT I WANTED TO CLEAR UP. MY POINT WAS NOT THEY LIVED HERE FOR DECADES. MY POINT WAS THE SCENIC VISTAS, AND THE ACCESS HAS BEEN HERE FOR DECADES. THIS IS ONE SECTION OF DAVID SHORES, AS YOU ALL KNOW, THAT HAS HAD ACCESS AND A VISTA THE WAY IT IS. IT DOESN'T MEAN THAT THERE SHOULDN'T BE A WALL THERE. THEY HAVE NO OBJECTION TO THE WALL. THEY JUST HAVE SOME CONCERN, AND THEY WANT IT TO BE ADDRESSED THAT THEIR SCENIC VISTA COULD BE UNDULY IMPACTED BY THIS POINTY CAP ON THE WALL, AND BY THE FACT THAT THERE'S NOT GOING TO BE ANY ACCESS TO DAVID SHORES WATER HERE. THE STATEMENTS THAT THERE IS AN ACCESS HERE ARE COMPLETELY UNTRUE. AS YOU ALL KNOW, THERE ARE PEOPLE THAT GO AND SAIL BOARD OUT OF THERE EVERY DAY, AND THEY GO INTO THE INLET. TO SAY THAT THAT'S NOT TRUE IS UNTRUE BECAUSE IT WAS IN THE RECORD BELOW. FINALLY, IF YOU CAN GO BACK TO THE OVERHEAD, MARY. THEY WERE TOLD BY CITY STAFF, OF THE CITY OF ST. AUGUSTINE THAT THIS WAS A FOREGONE CONCLUSION. THIS PLAN APPEARS TO BE PRESENTED AS A FOREGONE CONCLUSION IN THE RECORD DUE TO THE CITY STAFF'S APPLICATION OF GRANT FUNDS, WHICH THEY STATE THEY NEED TO SPEND WITH A TIMELY MANNER TO FULFILL THE APPLICATION FOR THE FUNDS THAT WERE GRANTED. THIS DOES NOT FORM A REASONABLE BASIS TO MERELY RUBBER STAMP THE PROJECT SUGGESTED AS PROPOSED WITHOUT REASONABLE REVISION TO PROTECT THE CITY RESIDENTS VISTA AND ACCESS. AS I SAID, AND YOU SEE FROM YOUR RECORD, THE APPLICANTS REASONS WERE THE CITY DID TAKE INTO CONSIDERATION THE PUBLIC INPUT, BUT THE REQUESTS WERE BEYOND THE PROJECT SCOPE OF WHAT WAS ALLOWED WITHIN THE CURRENT AWARD AND BUDGET. IN OTHER WORDS, THE GRANT WAS ALREADY ACHIEVED, AND WE'RE NOT GOING TO CHANGE OUR PROJECT. THE HENDERSON FAMILY PROPERTY IS DIRECTLY ACROSS FROM THIS APPLICATION. THEY WILL BE IMMEDIATELY AND SUBSTANTIALLY AFFECTED BY THIS REQUEST. THEY HAVE BEEN SUBSTANTIALLY INVOLVED WITHIN THE DISCUSSIONS FOR MANY MONTHS. THEY'RE MERELY ASKING FOR SOME REASONABLE MODIFICATIONS. THOSE ARE WITHIN THE RECORD, AND THEY WERE ADDRESSED AND SPOKEN AT EVERY ONE OF THE CITY MEETINGS, AND YOU CAN SEE THEM WITHIN YOUR PACKET. ONE, SCENIC VISTA. THEY ASKED FOR A REDUCTION IN HEIGHT OF THE STRUCTURE, REMOVE THE POINTED CAP. THE CURRENT REQUEST APPEARS TO HAVE ADDED HEIGHT FROM THE ORIGINAL PROPOSAL. [02:35:02] IT WAS INITIALLY MERELY TOUTED AS A MEANS TO FILL THE GAP TO PROTECT HOUSES OF THE AREA. THEY HAVE NO OBJECTION TO THAT. THAT STATED CONCERN IS ADMIRABLE, BUT IT SEEMS TO HAVE GRADUATED TO A VERY LARGE STRUCTURE THAT WILL BLOCK THE SCENIC VISTAS DUE TO THE INCREASED HEIGHT OF THE WALL AND THE CAP, AND POSSIBLY DEVALUE THEIR PROPERTY. YOU CAN SEE FROM THE PICTURES WITHIN THE STAFF REPORT. FINALLY, THERE HAS BEEN LONGTIME PUBLIC ACCESS TO SALT RUN AT THIS SPOT. CUTTING OFF PUBLIC ACCESS TO THE INLET, PUBLIC ACCESS IS ACROSS PUBLIC LANDS THAT HAS BEEN PRESENT FOR DECADES. IT SEEMS REASONABLE TO INCLUDE SOME PUBLIC ACCESS OVER THESE PUBLIC LANDS THAT THE CITY HAS STEWARDED AND ALLOWED PUBLIC ACCESS ACROSS FOR DECADES. CITY STAFF CLAIMS THAT IS TOO MUCH TO ADDRESS GIVEN THE GRANT HAS ALREADY BEEN ACHIEVED, AND IT WAS NOT CONSIDERED IN THE CURRENT PROJECT. MOVING FORWARD WITH THE CURRENT PROJECT AS DESIGN AND PROPOSED WITHOUT ANY CONSIDERATION FOR REASONABLE MODIFICATIONS TO ADDRESS THE CONCERNS OF THE AREA OF RESIDENTS, ALL AS STATED AT CITY MEETINGS IS NOT APPROPRIATE. PCB APPLICATIONS, ESPECIALLY THOSE FOR DEVELOPMENT IN OUR MOST SENSITIVE AREAS OF THE CONSERVATION ZONES, SHOULD NOT BE A FOREGONE CONCLUSION, EVEN IF THE APPLICATION IS BY THE CITY, ESPECIALLY IF THE APPLICATION IS BY THE CITY ITSELF. IN SUM, THE RUBBER STAMP BY THE PCB BOARD, BROUGHT ON BY THE UNSUBSTANTIATED VAGUE ASSERTIONS OF THE APPLICANT AND THEIR ATTEMPTS TO MEET THE REQUIREMENTS WITHIN THE CITY CODES, GUIDELINES AND STANDARDS SHOULD NOT BE MERELY ACCEPTED BY THIS COMMISSION. THEY SHOULD BE QUESTIONED. THIS APPEAL IS THESE RESIDENTS RECOURSE. THANK YOU, MADAM MAYOR. >> THANK YOU. LET'S SEE. I GUESS THE NEXT ITEM WOULD BE, ARE WE GOING TO DECIDE TO TAKE NEW EVIDENCE OR NOT, I ASSUME THE NEW EVIDENCE THAT WAS PRESENTED WAS THE FACT THAT THE PROPERTY OWNER DOES NOT LIVE THERE AND OPERATES SHORT TERM RENTAL. IS THAT RELEVANT? WHAT DO YOU I FEEL LIKE I DON'T NEED. >> I THINK THAT OPENING UP TO A MODIFICATION IS AHEAD OF WHAT WE'RE PREPARED FOR TONIGHT, NUMBER 1. I HAVE QUESTIONS OF WHETHER THAT MODIFICATION SHOULD BE DONE HERE, IF IT SHOULD BE AT THE PLANNING BOARD. I DON'T THINK IT'S SOMETHING THAT I WOULD STEP INTO RIGHT NOW WHEN I READ MY PAPERS. THIS WAS A DENIAL OR THIS WAS A REQUEST FOR AN APPEAL, AND A MODIFICATION IS SOMETHING, BUT I THINK IT'S A LITTLE LATE IN THE GAME. I'M NOT PREPARED FOR IT. IT'S NOT NOTICED LIKE THAT, SO I THINK WE JUST SAY NO TO THAT. >> AN ACCEPTABLE REQUEST, THOUGH. WE HAVE DONE MODIFICATIONS BEFORE ON APPEALS, BUT I AGREE WITH YOU. I DON'T THINK IT'S NEEDED. >> I DON'T THINK IT'S NEEDED, AND I DON'T KNOW IF WE HAVE THE INFORMATION TO DO THAT RIGHT NOW. WE HAVE ALL THIS STUFF HERE, BUT WE'D HAVE TO PREPARE FOR IT, AND I DON'T KNOW IF I WOULD REMAND IT BACK TO THE PLANNING BOARD OR WHATEVER. I WOULD SAY NO TO THAT IDEA RIGHT NOW. >> BEFORE WE GO ANY FURTHER, I KNOW YOU WANTED TO MAKE A COMMENT ABOUT THAT ITEM. >> I ACTUALLY MADE A NOTE THAT THE PROPERTY OWNERS HAVE RIGHTS REGARDLESS OF WHETHER THEY LIVE THERE OR NOT. I'M VIEWING THIS AS SOMEBODY WHO OWNS PROPERTY ON THE INLET, WHETHER THEY LIVE THERE OR NOT. THEY MIGHT LIVE THERE TOMORROW. I THINK THAT THEY HAD BROUGHT EXPERT WITNESS, AND WE HAVE ENGINEERING DIAGRAMS HERE RELATED TO THE HEIGHTS OF THE WATER DURING FLOODS. WE HAVE AN ENGINEER WHO'S PROVIDED THE HEIGHTS OF THE WALL. IF THEY HAD PRESENTED AN ALTERNATIVE ENGINEER TO SAY, OH, IT CAN BE SIX FEET HIGH, I MIGHT BE WILLING TO CONSIDER IT, BUT THEY DIDN'T, AND THEY DIDN'T OFFER IT ANYTIME IN THE LAST TWO YEARS. I'M NOT FOR CONSIDERING A MODIFICATION. >> COMMISSIONER GARRIS, ARE YOU OPEN TO NEW INFORMATION AND MODIFICATION. >> THE ONLY THING THAT I WOULD LIKE TO HEAR BEFORE WE MAKE A COMPLETE DECISION, I SEE JESSICA BEACH IS STILL HERE. SHE'S PART OF THIS, AND SHE'S BEEN WORKING WITH THE RESIDENTS TO GET A LITTLE BIT OF FEEDBACK FROM HER IF THAT'S POSSIBLE. BECAUSE THEN WE'LL HAVE A CLEAR PICTURE ON HER PURSUING THIS. SHE'S BEEN DOING THIS FOR YEARS. HER THING IS RESILIENCY, AND SHE'S BEEN DOING WALLS. I THINK IN ORDER TO MAKE A COMPLETE SOUND DECISION, THAT IF IT'S POSSIBLE THAT WE HEAR A LITTLE BIT FROM HER, I'M SURE SHE'S CONCERNED OTHERWISE SHE WOULDN'T BE SITTING IN THE AUDIENCE. >> OF COURSE, WE CAN HEAR FROM HER RIGHT NOW WHAT WE'RE TRYING TO DETERMINE IS WHETHER WE'RE GOING TO ENTERTAIN NEW INFORMATION. WHAT WE HAVE IS INFORMATION FROM THE RECORD. [02:40:01] THAT'S THE TRANSCRIPT. IF WE WANT TO DO A MODIFICATION AND SAY ACQUIESCE TO THE REQUEST BY THE APPELLANT TO MODIFY THE SEA WALL ON THE PROJECT, THEN WE CAN ENTERTAIN NEW INFORMATION. I GUESS THE QUESTION IS, HOW DO YOU FEEL ABOUT THAT? DO YOU WANT TO ENTERTAIN NEW INFORMATION SO THAT WE CAN DO A MODIFICATION? ARE YOU INCLINED TO MODIFY THE SEA WALL PROJECT AT THIS POINT HERE? >> WELL, THAT'S WHY I WANTED TO GO FORWARD HEARING. I JUST GOT THIS NOTEBOOK A COUPLE OF DAYS AGO. I'M SURE YOU GUYS DID TOO AND TO GO THROUGH EVERY PAGE HERE. I HEARD THE RESIDENTS, AND I'M SURE DAVID SHORES HAD A LOT OF ISSUES WITH FLOODING, AS YOU ARE AWARE. I TOTALLY UNDERSTAND THEIR POSITION. I ALSO UNDERSTAND THE POSITION THAT WE TALKED A LOT ABOUT WALLS AND RESILIENCY IN STOPPING FLOODING. >> I TOTALLY GET THAT. WELL, WE WILL HEAR FROM JESSICA THEN. >> YES, THANK YOU. >> LET'S GET THROUGH THIS DECISION, AND THEN WE'LL HEAR FROM JESSICA. HOW DO YOU FEEL VICE CHAIR? >> PROCEDURALLY, I THINK MODIFICATION AT THIS POINT WOULD BE A MISTAKE. I AGREE WITH COMMISSIONER DEPRETER THAT WE DON'T HAVE THE INFORMATION. WE DO HAVE THE INFORMATION THAT THERE WERE OVER MANY TIMES COMMENTS FROM RESIDENTS ABOUT RECREATIONAL OPPORTUNITIES ON THAT PROPERTY. THAT'S ALL PART OF THE RECORD. I DON'T THINK THERE'S ANY NEED FOR ANY FURTHER MODIFICATION AT THIS POINT. >> I AGREE. I DON'T INTEND TO ENTERTAIN A MODIFICATION. >> CAN I MAKE A MOTION THAT WE DON'T? >> SURE. >> IS THAT APPROPRIATE? >> I MOVE THAT. YES. >> SURE. YOU COULD DO SO. TECHNICALLY, THE WAY YOUR CODE IS WRITTEN IS YOU'RE MAKING A DECISION ON THE RECORD UNLESS A MODIFICATION IS REQUESTED. YOU'RE ASSUMING THIS IS THE MODIFICATION THAT'S BEEN PRESENTED. YOU CAN REMAIN, I THINK, COMMISSIONER DEPRETER, DID MENTION THAT THAT IS AN OPTION SO YOU CAN SAY YES TO THE MODIFICATION. YOU CAN SAY NO TO THE MODIFICATION. I'M MAKING MODIFY THE MODIFICATION. >> I AM MAKING A MOTION THAT WE DO NOT ACCEPT ANY MODIFICATION DURING THIS DISCUSSION. >> FAIR ENOUGH. I'LL SECOND THAT. >> ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. >> AYE. >> NO. >> I SAID AYE. >> EVERYBODY SAID. WE'RE ALL ON THE SAME PAGE, MOVING FORWARD. THEN THE NEXT ITEM WOULD I'D LIKE TO ASK YOU BEFORE WE HEAR FROM MS. BEACH, WOULD YOU PLEASE GO THROUGH THE STANDARD FOR REVIEW SO THAT WE KNOW WHAT WE'RE MAKING OUR DECISION BASED ON? STRICTLY STATE OF THESE THREE THINGS. >> IT'S THOSE THREE MAGICAL THINGS. YOU'RE VERY FAMILIAR WITH THEM. WE'VE TALKED ABOUT IT MANY TIMES. THEY'VE BEEN ENSHRINED IN STATE LAW FOR QUITE SOME TIME NOW. THE FIRST TEST THAT AN APPELLATE COURT WOULD BE LOOKING AT IN TERMS OF YOUR DECISION IS THEY WOULD LOOK AT WHETHER OR NOT PROCEDURAL DUE PROCESS WAS GRANTED. THEN THE SECOND WOULD BE WHETHER OR NOT THE ESSENTIAL REQUIREMENTS OF LAW. THAT'S JUST A FANCY WAY TO SAY, DID YOU APPLY THE CORRECT LAW? ONE, DID YOU GRANT PROCEDURAL DUE PROCESS. TWO, DID YOU APPLY THE CORRECT LAW? THEN THREE IS WHAT WE'RE MOST FAMILIAR WITH, I THINK, IS THIS COMPETENT SUBSTANTIAL EVIDENCE? ALL OF YOUR DECISION MAKING AND PCB'S DECISION MAKING, WHICH IS WHAT YOU'RE REVIEWING TODAY, HAS TO BE BASED ON COMPETENT SUBSTANTIAL EVIDENCE IN THE RECORD. IT'D HAVE TO BE THINGS THAT WERE BROUGHT UP IN THE RECORD, EITHER THE DOCUMENTS THAT WERE PART OF THE RECORD BEFORE PCB, OR ANY EVIDENCE OR TESTIMONY IN THE RECORD, AND IT HAS TO BE RELEVANT AND RELATED TO THE CRITERIA THAT WE HAVE IN OUR CODE. COMPETENT, SUBSTANTIAL, EVIDENCE. >> THANK YOU. THAT'S THE CRITERIA THAT WE MAKE OUR DECISION BASED ON NO OTHER CRITERIA. WITH THAT SAID, LET'S START WITH COMMISSIONER GARRIS REQUEST TO HEAR FROM JESSICA BEACH IS WILL WE SWEAR HER IN? >> WELL, THAT'S IF YOU'VE DECIDED NOT TO ENTERTAIN THE MODIFICATION AT THIS TIME, THEN MS. BEACH SHOULD JUST FOCUS HER ANSWERING OF QUESTIONS BASED ON THE TESTIMONY AND THE RECORD THAT SHE PRESENTED AT PCB. >> THANK YOU. >> THANK YOU. >> YOUR QUESTION, COMMISSIONER GARRIS? >> BASICALLY I WANTED TO KNOW IF YOU MET WITH ALL THE RESIDENTS. I'M TAKING WHEN YOU WERE OUT THERE TALKING ABOUT THE SEAWALL AND THE RESILIENCY. DID YOU ALSO SPEAK WITH THE TENANTS THAT ARE PART OF THE COMPLAINT AS WELL? [02:45:07] >> YES. >> THEREFORE, EVERYBODY ON INLET DRIVE WHERE THE SEAWALL STRUCTURE IS GOING, THEY WERE NOTIFIED. >> YES. JUST TO CLARIFY THAT, WE HAVE EMAILED THEM OUTSIDE OF THE PLANNING & ZONING BOARD PROCESS. I THINK ONE OF THE ITEMS THAT WAS BROUGHT UP WAS THEY DIDN'T RECEIVE THE CERTIFIED LETTER THAT TYPICALLY IS SENT OUT AS PART OF THE PLANNING & ZONING BOARD APPLICATION PROCESS. BUT MYSELF AS THE PROJECT MANAGER HAVE INTENTIONALLY REACHED OUT WITH THEM, LETTING THEM KNOW OF THEIR RIGHTS, WHEN OUR PLANNING & ZONING BOARD MEETING WAS, AND BASICALLY OPTIONS FOR PUBLIC INPUT FOR THAT. >> YOU DID GET A RESPONSE FROM THAT? >> I'D HAVE TO CHECK TO SEE IF THEY ACTUALLY RESPONDED TO IT, BUT WE DO KNOW THEY HAVE AN ACTIVE WORKING EMAIL ADDRESS, AND THEY HAVE BEEN CORRESPONDING THAT TO US FROM THAT SAME EMAIL ADDRESS. >> THANK YOU. >> ANY OTHER QUESTIONS OR COMMENTS? >> WHERE WOULD WE LIKE TO BEGIN? DOES ANYONE ELSE HAVE QUESTIONS OF JESSICA? >> NO, THANK YOU VERY MUCH. >> THANK YOU. >> WOULD YOU LIKE TO START, COMMISSIONER GARRIS? >> WELL, THE MAIN CONCERN THAT I HAVE FROM TALKING ABOUT THIS WHOLE APPEAL PROCESS AND WHAT THEY'RE LOOKING FOR, THEY WERE SAYING THAT THEIR PERSON WASN'T NOTIFIED AND THERE WAS BROUGHT UP SOME DIFFERENT DISCUSSION ABOUT IT BEING AN AIRBNB. AS COMMISSIONER SPRINGFIELD ALREADY INDICATED, IT DOESN'T MATTER WHETHER THEY RESIDE THERE OR IF IT'S A AIRBNB, THEY STILL OWN THE PROPERTY. THAT PART WAS IRRELEVANT. IF THEY WERE COMMUNICATING THROUGH EMAIL, AND SHE'S INDICATED THAT FOR US, THEN EVEN IF THEY DIDN'T RECEIVE THE CERTIFIED LETTER OR WHATEVER LETTER WAS SENT, THEY WERE CORRESPONDING BACK AND FORTH. THEREFORE, I'M UNDER THE ASSUMPTION THAT THEY HAD AMPLICAL CAUSE TO RESPOND, TO SEND THEIR ATTORNEY, SOMEONE TO STAND UP FOR THEM IN THAT PROCESS. WITH THAT BEING SAID, WE HAVE BEEN WORKING ON DIFFERENT AVENUES TO TRY TO DEAL WITH THIS WATER FLOODING, NOT JUST ON INLET DRIVE, ALL OVER THERE IN DAVIS SHORES. THIS IS A WINDOW FOR US TO MOVE FORWARD TO GET THIS ADDRESSED. I THINK AS A COMMISSION, WE NEED TO DO EVERYTHING POSSIBLE BEFORE THE NEXT HURRICANE SEASON TO GET THIS BALL ROLLING. THAT IS MY POSITION. THANK YOU. >> THANK YOU. COMMISSIONER DEPRETER. >> I WATCHED THE FIRST PLANNING BOARD MEETING ON THIS, AND THEN I REVIEWED IT. THEN I READ ALL THIS, AND I READ THE APPELLANT'S STUFF. I THINK THE BURDEN OF PROOF IS ON THE APPELLANT TO PROVE THAT THE PLANNING BOARD DID NOT FOLLOW THE CODE AND THAT THE APPLICANT WAS GIVEN DUE PROCESS, AS I UNDERSTAND THIS. MY UNDERSTANDING IS THE MAILER WAS SENT TO THE ADDRESS OF THE PROPERTY OWNER, AND THEN THAT'S A STANDARD WAY THAT WE DO THAT. I THINK THAT THE DUE PROCESS CAUSE HAS, AND I'M SAYING DUE PROCESS IN TERMS OF COMMUNICATION, HAS BEEN MET AND REVIEWING ALL THE TAPES, AND I GOT ALL NOTES I CAN GO INTO AND I HAVE INFORMATION FOR OTHER COMMISSIONERS THEY'RE INTERESTED IN LIKE, WHAT IS A RIPARIAN RIGHT? RIPARIAN RIGHTS MEANS THAT YOU DO NOT HAVE SCENIC VIEWS, WE DO NOT RECOGNIZE SCENIC VIEWS IN THIS CITY FROM PRIVATE PROPERTY. UNLESS YOU HAVE RIPARIAN RIGHTS, AND THEY DON'T HAVE THAT. WE HAVE CODE THAT TALKS ABOUT MATCHING SEA WALLS, AND IT'S IMPORTANT TO ME THAT THE SEA WALLS TO THE NORTH AND THE SEA WALLS TO THE SOUTH ARE APPROXIMATELY THE SAME SIZE. THAT'S A STANDARD PRACTICE. ACTUALLY, IN SECTION 1129-B4 IN OUR CODE, IT STATES THAT THAT'S A GOOD WAY TO GO. I HAVE THAT STUFF. HOWEVER, I THINK THAT AS FAR AS THE PUBLIC ACCESS, I DON'T THINK THERE'S ANYTHING IN THIS DECISION THAT WE MAKE TONIGHT IF WE DENY THE APPEAL AND MOVE AHEAD WITH THE THING. THERE'S NOTHING IN THERE THAT PERMANENTLY TERMINATES THE OPPORTUNITY TO HAVE PUBLIC ACCESS SO I THINK THAT DOOR IS STILL OPEN. WE'RE NOT CLOSING IT PERMANENTLY. IF WE WERE CLOSING IT PERMANENTLY, IT MIGHT BE A DIFFERENT STORY, BUT WE AREN'T. I BELIEVE FROM MY EVIDENCE OF WATCHING IT AND THE TRANSCRIPTS, THE SCENIC VIEWS WERE DISCUSSED. THERE WAS A DISCUSSION BETWEEN, MR. SHAW SAID ABOUT THE EIGHT FEET AND THE THREE FEET AND HOW THAT HAPPENS. I THINK THEY ADDRESSED THAT. I WOULD DENY THE APPEAL ON THOSE GROUNDS. [02:50:03] >> THANK YOU. COMMISSIONER SPRINGFIELD. >> AGAIN, I WANT TO REITERATE THAT THIS IS ALL ABOUT A PROPERTY OWNER'S RIGHTS, AND THAT I'M NOT CONSIDERING IT BEING AN AIRBNB. IF THE IRS SENDS ME A CERTIFIED LETTER AND I DON'T GET IT, OR I THROW IT TO THE TRASH, I'M STILL CULPABLE. OUR CODE CALLS FOR YOU TO BE SENT A CERTIFIED LETTER. WE DID MAKE CONTACT SO I DON'T THINK THAT THAT ARGUMENT HOLDS HERE. HIS ARGUMENT ABOUT MAKING CHANGES TO THE PROJECT IS MY UNDERSTANDING, AND YOU CAN CORRECT ME SINCE YOU WERE A PCB MEMBER, INSTEAD OF CALLING MISS SKINNER UP, WHEN THERE'S A CHANGE REQUESTED OF AN APPLICANT FOR A CONSTRUCTION PROJECT, IT COMES FROM THE PCB, NOT FROM THE AUDIENCE OF SOME MEMBER OF A NEIGHBORHOOD. THERE WAS A LOT OF TESTIMONY TO THE PCB, AND I WATCHED THE RECORDING AGAIN TODAY, THAT WAS ALL POSITIVE. THEY ACTUALLY READ THE ONES THAT WERE NEGATIVE. THEY MENTIONED THOSE, AND I DO BELIEVE MR. WHITEHOUSE SENT A COMMENT TO THAT MEETING. HE WAS REPRESENTED BY HIS ATTORNEY AT THAT MEETING WITH A NEGATIVE COMMENT. PCB CONSIDERED THAT NEGATIVE COMMENT, AND THEY DID NOT REQUEST TO CHANGE. HIS COMMENTS ABOUT WE MAKE EVERYBODY MAKE CHANGES, THAT'S ONLY WHEN THE PCB REQUESTS THE CHANGE, NOT WHEN SOME CITIZEN REQUESTS THE CHANGE. THAT ARGUMENT TO ME IS IRRELEVANT. THE PUBLIC ACCESS WAS ADDRESSED IN THE PUBLIC HEARING PORTION OF THAT MEETING, AND IT WAS WELL UNDERSTOOD THAT THAT IS SOMETHING THAT WE VERY WELL COULD BRING UP IN THE FUTURE AS AN ALTERNATIVE PROJECT. I'M FOR DENYING THIS APPEAL AS WELL. >> [INAUDIBLE] >> THANK YOU. THE APPELLANT HAS IDENTIFIED FOUR DIFFERENT JUSTIFICATIONS FOR THEIR APPEAL. ONE THAT PROPER NOTIFICATION WAS NOT RECEIVED, I THINK THIS COMMISSION AND EVERYBODY ELSE HAS DETERMINED THAT THAT IS NOT THE CASE, THAT PROPER NOTIFICATION WAS IN FACT RECEIVED. MISS DUNN, WOULD YOU PLEASE PULL UP THE MAP THAT I ASKED YOU TO PULL UP FOR US FOR DISPLAY? STREET VIEW. THAT IS A 2024 STREET VIEW. PLEASE DO THAT AND THEN GO ALL THE WAY AROUND SO THAT WE CAN SEE WHERE 140 INLET DRIVE IS AND THE VIEW THAT THEY HAVE. NOTE THAT IT IS A TWO-STORY HOUSE WITH A DECK UP ABOVE THAT IS SCREENED IN, APPEARS TO BE. A THREE-FOOT ADDITION, GO BACK OVER TO THE WATER VIEW PLEASE, WOULD NOT OBSCURE THEIR VIEW FROM THE FIRST FLOOR, IN MY OPINION, ACROSS TO ANASTASIA ISLAND STATE PARK. IT WOULD NOT OBSCURE THEIR VIEW OF THE WATER EVEN FROM THE FIRST FLOOR. I COULD REFER TO THE SPECIFIC PHOTOGRAPHIC IMAGE THAT THE STAFF AND ENGINEERS PUT UP WITH THE SURVEY STAKES SHOWING WHERE THE TOP OF THE SEA WALL WOULD BE RELATIVE TO THE MANGROVES. IN MANY CASES, THE MANGROVES ARE HIGHER, PROBABLY EVEN SINCE THAT PICTURE WAS TAKEN. THEY GROW VERY QUICKLY. THE IMPACT TO THE SCENIC VISTA ALSO DOESN'T RING TRUE TO ME. THE PUBLIC ACCESS, AS SEVERAL OF MY COLLEAGUES HAVE SAID, IS SOMETHING WE CAN REVISIT. RIGHT NOW I'M VERY CONCERNED ABOUT PEOPLE ACCESSING IT, AND THE SAFETY OF THAT WITHOUT THE EXPRESS PERMISSION OF THE LANDOWNER, WHICH IS THE CITY. I'VE SEEN A LOT OF PEOPLE CUT UP BADLY BY OYSTERS, AND IT IS VERY DANGEROUS. THE RUBBLE THAT'S OUT THERE NOW IS NOT SECURED. IT'S JUST A DANGEROUS SITUATION SO PUBLIC ACCESS IS INAPPROPRIATE AT THIS POINT. THERE IS A TIMELINE. THIS PROJECT NEEDS TO BE BUILT SO THAT DAVIS SHORES IS BETTER PROTECTED. THE ENGINEERS HAVE DONE ALL THE ENGINEERING STUDIES, THEY KNOW WHAT THE MINIMUM HEIGHT OF THE SEAWALL NEEDS TO BE IN ORDER TO MAKE THIS SUCCESSFUL. THEY'RE ALSO DESIGNING IT FOR RESILIENCE WITH THE STRUCTURES THAT WOULD BE IN PLACE THAT WOULD INCREASE THE LIVING SHORELINE, AND THEY'RE DEALING WITH DRAINAGE ISSUES. THERE ARE MANY REASONS THAT WE NEED TO MOVE FORWARD WITH THIS AND USE THE MONEY THAT HAS BEEN SECURED BY STAFF AS GRANT MONEY THAT THE CITY TAXPAYERS DON'T HAVE TO PAY FOR. OTHERWISE, WE HAVE TO PAY OUT OF POCKET, AND THAT'S GOING TO BE A HEAVY LIFT AND IT WILL DELAY THINGS. NEXT HURRICANE SEASON COULD BE THE SEASON THAT REALLY GETS US. THE UNWILLINGNESS BY THE CITY, [02:55:02] NUMBER 3, TO ALTER THE PROJECT, THE CITY HAS ALTERED THE PROJECT IN RESPONSE TO FEEDBACK OVER AND OVER AGAIN TO THE POINT WHERE THE PROJECT IS NOW A FINISHED PRODUCT AND IS READY TO HIT THE GROUND. THEN LACK OF EVIDENCE, NUMBER 4, TO MEET CRITERIA NUMBER 17 IS NOT AN ACCURATE APPLICATION OF THAT IN THE CURRENT CODE FOR THE CONSERVATION OVERLAY ZONES BECAUSE ALL OF THE WORK WOULD TAKE PLACE LANDWARD OF THE EXISTING SEAWALL, NOT WATERWARD, SO IT WOULD NOT IMPACT ANY OF THE ECOLOGICAL VALUES. I THINK THAT ON ALL FOUR COUNTS, WE DENY THIS APPEAL. >> THANK YOU. WELL MADE. I ALSO AGREE THAT THERE WAS A PROCEDURAL DUE PROCESS AFFORDED TO THE APPLICANT. THE PLANNING & ZONING BOARD DID APPLY THE CORRECT THE LAW. DUE PROCESS WAS AFFORDED. I THINK THAT THE APPELLANT APPEALED TO US CONCERNING THE MAILER THAT WAS MAILED, EVEN THOUGH IT WAS NOT DELIVERED TO THE PROPERTY OWNER. IT WAS MR. WHITEHOUSE HIMSELF IN RESPONSE, REQUESTED A COPY OF THE MAILER FORM. HE DID RECEIVE THAT MAILER FORM AND SUBMITTED A RESPONSE. I'M NOT INCLINED TO AGREE WITH THAT THE OWNERS DID NOT GET THEIR NOTICE. I DON'T GO WITH THE IDEA THAT PROPERTY OWNERS HAVE RIGHT TO 100% OF VISTAS IN FRONT OF THEIR HOMES. I DON'T GO WITH THAT WELL AT ALL, THAT DOESN'T SIT WITH ME. ALSO, I DON'T FEEL LIKE PROPERTY OWNERS DON'T HAVE A RIGHT TO ACCESS PUBLICLY-OWNED WATERFRONT PROPERTY. THEY DON'T HAVE ANY MORE RIGHT THAN I HAVE, SO I DON'T KNOW. I'M NOT GOING WITH THAT. I DO FEEL LIKE THE PLANNING & ZONING BOARD AND STAFF DID PROVIDE THE COMPETENT AND SUBSTANTIAL EVIDENCE IN THE RECORD. FURTHERMORE, JUST AN ASIDE, IT HASN'T BEEN BROUGHT UP, AND IT PROBABLY ISN'T PART OF THIS DECISION, BUT THIS SEAWALL PROJECT WILL PROTECT HUNDREDS AND HUNDREDS OF MILLIONS OF DOLLARS WORTH OF PRIVATE PROPERTY IN OUR NEIGHBORHOOD. THAT IS WHY OUR NEIGHBORS ARE OUT HERE TODAY. THEY ARE REALLY CONCERNED. FRANKLY, IF YOU HAVE BEEN THROUGH THE HURRICANES LIKE WE HAVE, IT'S REALLY FRIGHTENING, AND IT'S UNFORTUNATE THAT WE FIND OURSELVES IN THIS SPOT TODAY WITH THIS. I SEE A DENIAL HERE AT THE TABLE. I SEE US UPHOLDING THE DENIAL OF THE THE APPEAL, AND I SINCERELY HOPE THAT THIS DOES NOT DETER US, AND THAT IT DOES NOT SLOW US DOWN. BECAUSE I FEEL LIKE THAT GRANT IS IN JEOPARDY. THAT SAID, I'LL ENTERTAIN A MOTION. WHO WOULD LIKE TO [NOISE] >> GO AHEAD, BARBARA. >> ARE YOU SURE? >> NO, GO AHEAD THAT I DON'T HAVE THAT STUFF IN FRONT OF ME. I'LL DO IT THEN. >> YOU CAN [INAUDIBLE] I MOVE THAT WE UPHOLD THE DECISION OF THE PCB AND DENY THIS APPEAL. >> I'LL SECOND. >> I'LL SECOND. >> YOU GOT A SECOND AND A MOTION. ANY FURTHER DISCUSSION OR COMMENT? >> I DO HAVE A QUESTION [OVERLAPPING] >> PLEASE PROCEED. >> MY QUESTION? I THINK I WANT TO ASK IT AFTER WE VOTE. >> AFTER THE VOTE? >> YEAH, PLEASE. >> SURE. MADAM CLERK, PLEASE CALL THE ROLL. >> BARBARA BLONDER? >> YES. >> JOHN DEPRETER? >> YES. >> CYNTHIA GARRIS? >> YES. >> JIM SPRINGFIELD? >> YES. >> NANCY SIKES-KLINE? >> YES. >> THE MATTER IS [OVERLAPPING] >> A QUESTION FOR OUR STAFF ATTORNEY? >> YES, SIR. >> IF THIS GETS APPEALED AND IT GOES TO COURT AND WE'RE FOUND TO BE RIGHT IN MAKING THESE DECISIONS, IS THERE ANY DAMAGES THAT COME WITH THAT OR? >> NO. THOSE ARE PETITIONS FOR [INAUDIBLE] SO THE REMEDY IF WE WERE WRONG OR IF THE COMMISSION WERE WRONG WOULD BE REMENDING IT BACK FOR A NEW HEARING CONSISTENT WITH THE COURT'S ORDER. IT'S NOT A DAMAGES TYPE LITIGATION. >> WHAT ABOUT THE OPPOSITE WAY? >> IF YOU ARE RIGHT, IF YOU WOULD GET DAMAGES, NO, AGAIN, [03:00:01] IT'S A PETITION FOR [INAUDIBLE] SO IF YOU'RE CORRECT, THE COURT WOULD UPHOLD YOUR DECISION. >> UPHOLD THE DECISION, THAT'S IT. >> CORRECT. THERE THERE'S NO MONETARY COMPONENT TO THIS. >> THANK YOU. >> COMMISSIONERS, BEFORE WE PROCEED, IT'S EIGHT O'CLOCK. WOULD YOU LIKE TO TAKE A SHORT BREAK BEFORE WE PROCEED? WE HAVE QUITE A LOT TO GO FORWARD. >> I HAVE NOT HAD A BREAK. >> I'D BE HAPPY TO STEP IN FOR YOU TO TAKE A BREAK. WE HAVE A POLICY THAT WE STOP AT 9:00, WE CAN EXTEND THE TIME. >> I'M CONCERNED THAT THE OTHER FOLKS ON THE AGENDA HAVE BEEN WAITING A LONG TIME, THAT'S ALL. IF IT'S A SHORT BREAK. >> MAYBE WE JUST ROTATE IF YOU WANT TO GO, WE CAN TAKE OVER? >> SURE. I'LL HAND THE GAVEL OVER AND TAKE A SHORT BREAK BECAUSE I DO NEED A LITTLE RELIEF. WE'LL KEEP GOING. SURE. >> YOU CAN SIT THERE [OVERLAPPING] >> THANK YOU. >> WE'LL GIVE IT A MINUTE FOR THE ROOM TO CLEAR. >> FOLKS, IF YOU'RE NOT INTENDING TO STAY, I WOULD ASK THAT YOU REMOVE YOURSELF FROM THE HEARING ROOM OR SETTLE DOWN BECAUSE WE'RE CONTINUING THE MEETING. >> IF YOU ALL COULD KEEP YOUR VOICES DOWN AS YOU LEAVE THE ROOM AND CARRY ON THE CONVERSATION OUTSIDE, WE'D REALLY APPRECIATE IT SO WE CAN MOVE THIS ALONG. THANK YOU. WE ARE ON ITEM 8, THE SECOND READING AA, WHICH IS AN ORDINANCE FOR THE SECOND READING OF ORDINANCE 2025-33. >> FROM 7C1. >> I'M THE WRONG PLACE. >> SEVEN C1. IT'S HARD TO TELL. >> MY APOLOGIES. I WAS LOOKING AT HIGHLIGHTS, SO THAT DROPPED MY ATTENTION. THANK YOU FOR THAT CORRECTION. WE'RE ON 7C. [7.C.1. First Amendment to Broudy Development Agreement (I. Lopez, City Attorney)] OTHER ITEMS REQUIRING PUBLIC HEARING, 7C1 IS THE FIRST AMENDMENT TO THE BROUDY DEVELOPMENT AGREEMENT, AND THAT IS BEING PRESENTED BY OUR CITY ATTORNEY INITIALLY, AND THEN WE'LL DEFER OVER TO THE APPLICANT'S ATTORNEY. >> YES, SO 7C1 IS AN AMENDMENT TO AN EXISTING DEVELOPMENT AGREEMENT. ALL THE TERMS OF THE EXISTING DEVELOPMENT AGREEMENT REMAIN, OTHER THAN ESSENTIALLY, IT INCLUDES A SCRIVENER'S CORRECTION TO THE LEGAL DESCRIPTION THAT WAS IN THE ORIGINAL DEVELOPMENT AGREEMENT AND SUBSTANTIVELY, THE SUBSTANTIVE CHANGE IS THAT IT TRANSFERS RESPONSIBILITY FOR THE PARKING GARAGE WHICH IS DEEMED A MOBILITY STATION UNDER THE EXISTING ZONING AND LAND USE, AND TRANSFERS THAT RESPONSIBILITY TO THE CITY ONCE THE LEASE IS ADOPTED AND THE PARKING GARAGE IS BUILT. THAT'S IN A NUTSHELL, WHAT THIS AMENDMENT DOES. ALL THE OTHER TERMS OF THE DEVELOPMENT AGREEMENT REMAIN. THAT IS THE CHANGE. I DO WANT, BEFORE I TURN IT OVER TO MS. AVERY SMITH ON BEHALF OF THE DEVELOPER, I'M REQUIRED BY STATUTE TO ANNOUNCE THAT THE SECOND HEARING WILL BE SCHEDULED IN THIS ROOM AGAIN, STARTING AT 5:00 P.M ON JANUARY, 2026. MONDAY, JANUARY 26TH, 2026, 05:00 P.M. IN THE SAME COMMISSION ROOM IS THE SECOND HEARING. OF COURSE, THIS ITEM IS A PUBLIC HEARING, SO YOU'LL HAVE TO OPEN IT UP FOR PUBLIC COMMENT. MS. AVERY SMITH IS HERE. >> PLEASE GO AHEAD, MS. AVERY SMITH. >> THANK YOU, MADAM VICE MAYOR. MS. LOPEZ, SUCCINCTLY SUMMARIZE THIS AMENDMENT SO I WON'T TAKE IT ANY FURTHER OTHER THAN TO SAY SEVERAL YEARS AGO, THE CITY COMMISSION APPROVED A MOBILITY ORIENTED DEVELOPMENT LAND USE CATEGORY AND ZONING CATEGORY IN THE CITY'S COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE, THOSE CATEGORIES WERE THEN APPLIED TO THE BROUDY PROPERTY BY BOTH THE PLANNING AND ZONING BOARD AND THEN APPROVED BY THE CITY COMMISSION. ALONG WITH THAT WAS THIS DEVELOPMENT AGREEMENT THAT TIED EVERYTHING TOGETHER. THIS IS JUST TO CHECK THE BOX THAT THERE WILL BE A MOBILITY STATION ON THIS PROPERTY. THAT'S BEING PROVIDED IN CONJUNCTION BETWEEN THE CITY AND THE PROPERTY OWNER? >> THAT WAS A REQUIREMENT OF THE ZONING? >> YES. >> THAT WE APPLIED SEVERAL YEARS AGO NOW, RIGHT? >> ABSOLUTELY. >> GREAT. ANY QUESTIONS FROM THIS BOARD OF THE APPLICANT'S ATTORNEY BEFORE WE MOVE INTO PUBLIC HEARING? >> THANK YOU. >> THANK YOU. IF THERE ARE ANY SPEAKERS THAT WOULD LIKE TO SPEAK ON ITEM 7C1, THIS FIRST AMENDMENT TO THE BROUDY DEVELOPMENT AGREEMENT, WOULD YOU PLEASE COME FORWARD RIGHT NOW? [03:05:05] SEEING NOBODY, THE PUBLIC HEARING THEN IS CLOSED. COLLEAGUES. GO AHEAD. COMMISSIONER D PRETER. >> I'LL START IT OFF. I KNOW I WAS PART OF THE MOBILITY WHEN WE DID THE PLANNING BOARD, AND I KNOW YOU ALL DID IT ON THE BOARD HERE. IT'S A CO DEPENDENT THING FOR THE DEVELOPMENT TO HAPPEN. IT NEEDS A PARKING GARAGE, THE CITY WANTS THE PARKING GARAGE, SO I THINK THIS IS A PERFECTLY REASONABLE CHANGE. I WOULD SAY ONE THING, I HAVE BEEN TRYING TO GET UP TO DATE ON THIS A LOT, SO I'VE BEEN LIKE, CRAMMING FOR THE LAST FIVE DAYS ON THIS. IN OUR DOCUMENTS THAT WE HAVE HERE, AND I HAVE TALKED TO CITY MANAGER. IN HERE, THERE'S A 200 PUBLIC PARK. THERE'S A LITTLE CONFUSION IN THE PUBLIC ABOUT THE PARKING. I'D LIKE TO CLEAR THAT UP IF WE CAN. THERE'S A PORTION HERE THAT SAYS THAT THE ZONING DISTRICT NEEDS 200 MINIMUM. THEN IN THE FIRST AGREEMENT FROM THREE YEARS AGO, IT SAYS A MINIMUM OF 500. COULD YOU BRING US UP TO THE CURRENT NUMBER THAT WE'RE TALKING ABOUT FOR PUBLIC? >> YES, SIR. >> MR. CITY MANAGER. GO AHEAD. >> THANK YOU. THE 200 NUMBER IS A REFERENCE TO THE CODE. THE MOBILITY ORIENTED DEVELOPMENT ZONING REQUIRES A MINIMUM OF 200 PUBLICLY AVAILABLE PARKING SPACES. THAT'S WHERE YOU SEE THAT 200 NUMBER. IT'S SIMPLY AFFIRMING THAT WE'RE GOING TO MEET OUR MINIMUM CODE REQUIREMENTS. AT THE TIME, BEFORE WE STARTED DESIGNING THE GARAGE, WE HAD A MINIMUM OF 500 PARKING SPACES. AT THIS TIME, THE GARAGE IS DESIGNED WITH 707 PARKING SPACES. YOU'LL SEE IN ANOTHER ITEM SHORTLY ON THIS AGENDA, A LEASE AGREEMENT THAT IDENTIFY AN AMENDED MOU THAT IDENTIFIES A MINIMUM OF 650 PARKING SPACES. WE THINK THAT THE GARAGE IS GOING TO LAND AT FINAL DESIGN BETWEEN 707 AND 650 PARKING SPACES. RIGHT NOW IT'S AT 707, AND WE'RE HOPING THAT IT STAYS REALLY CLOSE TO THAT 700 NUMBER. >> THAT'S GOOD. JUST TO BE SURE, 'CAUSE I'VE HAD HEAR PEOPLE SAY THE MDO IS ONLY GOING TO HAVE 200 SPACES. WE ARE CURRENTLY LOOKING RIGHT NOW, IT'S NOTHING'S FINALIZED, BUT WE'RE MOVING IN DIRECTION OF A MINIMUM OF 600 PUBLIC PARKING SPACES. >> A MINIMUM OF 650. >> SIX FIFTY. >> RIGHT NOW, DESIGN IS AT 707. FINAL DESIGN WILL BE COMPLETED SHORTLY. WE'RE HOPING THAT THAT FINAL DESIGN REFLECTS A NUMBER THAT'S REALLY CLOSE TO 700 SPACES. >> AS SOMEONE WHO WAS THERE FOR THE MINIMUM OF 200, I'M GLAD TO SEE IT'S GROWN, 300%. THANK YOU FOR THE CLARIFICATION. >> COMMISSIONER GARRIS? >> I WAS THINKING WHEN WE WERE TALKING ABOUT THE 200, AS IF WE DIDN'T DO IF IT WASN'T FOR THE CITY, IT WAS GOING TO BE 200. THEN WHEN IT WAS FOR BROUDY HIMSELF, IT WOULD BE MINIMUM OF 200, AND IF IT WAS FOR US, IT WAS 600 AND MORE. CORRECT? >> THAT'S CORRECT. IT'S A ZONING REQUIREMENT, WHETHER THE CITY BUILDS THE GARAGE OR NOT. IF TO MAINTAIN THAT MOD ZONING, THERE HAS TO BE A MINIMUM OF 200 PUBLICLY AVAILABLE PARKING SPACE. >> THANK YOU. >> COMMISSIONER SPRINGFIELD. >> NO COMMENTS. >> I HAVE NO FURTHER COMMENTS EITHER. I'D LIKE TO MAKE A MOTION. >> I'LL MAKE A MOTION TO PASS THIS FIRST AMENDMENT ON TO SECOND HEARING. >> PERFECT, AND THAT'S JANUARY 26, 2026 AT 5:00 P.M. >> I SECOND. >> THANK YOU. MADAM CLERK, WILL YOU PLEASE CALL THE ROLL. >> JOHN D PRETER. >> YES. >> CYNTHIA GARRIS? >> YES. >> JIM SPRINGFIELD? >> YES. >> BARBARA BLONDER? >> YES. >> THANK YOU. MOTION PASSES UNANIMOUSLY. WHILE THE MAYOR STEPPED OUT JUST FOR A MINUTE FOR A BREAK, AND I CERTAINLY APPRECIATE HER BEING WILLING TO DO THAT SO THAT WE CAN MOVE THIS ALONG FOR THIS LONG MEETING. NOW, WE CAN MOVE ON TO ORDINANCES FOR THE SECOND READING WHICH IS ITEM 8A1, [8.A.1. Ordinance 2025-33: Amends the Future Land Use Designation of approximately 0.16 acres at the north end of 725 Flagler Crossing Drive from Residential Medium Density to Commercial Low Intensity (A. Skinner, Planning and Building Director)] ORDINANCE 2025-33 AMENDING THE FUTURE LAND USE DESIGNATION AT 725 FLAGLER CROSSING DRIVE. MS. SKINNER, WOULD YOU PLEASE COME FORWARD. YOU ARE FORWARD. [LAUGHTER] I'M READING AND NOT LOOKING. PLEASE GO AHEAD. >> YES. GOOD EVENING. AMY SKINNER, ORDINANCE 2025-33, AND ORDINANCE 2025-34. AMEND THE FUTURE LAND USE DESIGNATION AND ZONING DESIGNATION RESPECTIVELY FOR PROPERTY AT THE NORTH END OF 725 FLAGLER CROSSING DRIVE ALONG SAN SEBASTIAN VIEW. THE PROPERTY RELATED TO THIS PROJECT WITHIN THE CITY LIMITS IS APPROXIMATELY 0.16 ACRES WEST OF SAN SEBASTIAN VIEW, AND ACROSS THE STREET FROM THE ST. JOHNS COUNTY HEALTH DEPARTMENT. THE NORTHERN MOST PART OF THE PROPERTY IS IN THE COUNTY. THE PROPOSED USE HAS ALREADY BEEN REVIEWED [03:10:02] AND APPROVED AS A SPECIAL USE PERMIT BY THE COUNTY. THE USE PROPOSED IS A DOG PARK AND CAFE BUSINESS, INCLUDING THE SALE OF ALCOHOLIC BEVERAGES. PCB REVIEWED THE FULL PROPOSAL FOR THE PROJECT TO INCLUDE OFFSITE PARKING BECAUSE THE PARKING FOR THE PROPOSED USE IS IN ST. JOHN'S COUNTY, A USE BY EXCEPTION TO SERVE ALCOHOLIC BEVERAGES IN CL1 AND THE CONSERVATION OVERLAYS ZONE DEVELOPMENT TO CONSTRUCT A BULKHEAD AND REMOVE TREES. THESE APPROVALS ARE ALL CONTINGENT UPON THE PASSAGE OF THE LAND USE AMENDMENT AND THE REZONING. THE CURRENT RESIDENTIAL DESIGNATIONS DO NOT ALLOW THIS TYPE OF COMMERCIAL USE. ORDINANCE 2025-33 PROPOSES TO CHANGE THE LAND USE FROM RESIDENTIAL MEDIUM DENSITY TO COMMERCIAL LOW INTENSITY. ORDINANCE 2025-34 PROPOSES TO CHANGE THE ZONING OF THE PROPERTY FROM RG1 TO CL1. ON NOVEMBER 4TH, THE PCB MADE A POSITIVE RECOMMENDATION FOR THESE CHANGES. ON DECEMBER 8TH, 2025, THE CITY COMMISSION PASSED THESE ORDINANCES ON FIRST READING. BECAUSE ORDINANCE 2025-34 IS A REZONING ORDINANCE, PLEASE INDICATE ANY EX PARTE COMMUNICATION. THIS IS A SECOND READING AND PUBLIC HEARING FOR BOTH ORDINANCES. EACH ITEM SHOULD BE TAKEN UP SEPARATELY. BUT THANK YOU AND I'M AVAILABLE IF YOU HAVE ANY QUESTIONS. >> WE'RE GOING TO CONSIDER THESE SEPARATELY, AND WE NEED EX PARTE FOR JUST THE SECOND ONE, 8A2. LET'S GO AHEAD WITH 8A1. ARE THERE ANY QUESTIONS OF MS. SKINNER FROM THIS BOARD MEMBERS? WE DO HAVE A PUBLIC HEARING REQUIRED. LET'S GO AHEAD WITH THAT. IS THERE ANYBODY HERE WHO WOULD LIKE TO SPEAK ON ITEM 8A1? PUBLIC HEARING IS CLOSED, THEN. I SEE NO ONE. MOVING ON FOR COMMENTS FROM THE COMMISSION. >> I HAVE A COMMENT. I WOULD LIKE TO MAKE A MOTION TO APPROVE ORDINANCE 2025-33 ON SECOND READING. >> I'LL SECOND THAT, AND I THINK THAT COMMISSIONER BLONDER ASKED THE APPROPRIATE QUESTIONS TO MS. SKINNER LAST TIME ABOUT HOW THE ZONING MATCHES. >> I DID WANT TO SAY BEFORE WE GO INTO A VOTE, JUST AS A REMINDER, THE QUESTIONS I ASKED WERE ESSENTIALLY, IS THIS A HIGHER INTENSITY USE AND YOU RESPONDED HOW MS. SKINNER? >> ZONING DISTRICTS ARE HIERARCHICAL. THIS IS A COMMERCIAL DISTRICT, WHICH CAN BE SEEN AS HIGHER THAN THE RESIDENTIAL DISTRICT, BUT THIS IS THE LOWEST FIRST LEVEL OF COMMERCIAL ZONING DISTRICT THAT IS INTENDED TO BE WITHIN WALKING DISTANCE OF NEIGHBORHOODS. IT'S A FIRST LEVEL OF OUR COMMERCIAL DISTRICT. >> THANK YOU. ANY FURTHER COMMENTS? >> GATHER OUT THE SHORT TITLE. >> I'M SORRY. >> I'VE GOT TO READ THE SHORT TITLE FOR YOU. >> GO RIGHT AHEAD PLEASE. >> ORDINANCE NUMBER 2025-33 AN ORDINANCE OF THE CITY OF ST. AUGUSTINE, FLORIDA, AMENDING THE FUTURE LAND USE MAP PLUM DESIGNATION OF A TOTAL OF APPROXIMATELY 0.16 ACRES LOCATED AT THE NORTH END OF FLAGLER CROSSING DRIVE AND WEST OF SAN SEBASTIAN VIEW, AS PORTIONS OF THE FRANCIS J FATIO OR DELE SPINE GRANT IN THE CITY OF ST. AUGUSTINE, AS MORE PARTICULARLY DESCRIBED HERE AND AFTER, CHANGING APPROXIMATELY 0.16 ACRES OF PROPERTY FROM ITS CURRENT LAND USE DESIGNATION. A RESIDENTIAL MEDIUM DENSITY TO COMMERCIAL LOW INTENSITY, PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES, PROVIDING FOR SEVERANCE OF INVALID PROVISIONS AND PROVIDING AN EFFECTIVE DATE. >> THANK YOU VERY MUCH. NOW, MADAM CLERK, WOULD YOU PLEASE CALL THE ROLL? >> JIM SPRINGFIELD. >> YES. >> JOHN D PRETER? >> YES. >> CYNTHIA GARRIS? >> YES. >> BARBARA BLONDER. >> YES. >> THANK YOU. MS. SKINNER, [8.A.2. Ordinance 2025-34: Amends the Zoning of approximately 0.16 acres at the north end of 725 Flagler Crossing Drive from Residential General-One (RG-1) to Commercial Low-One (CL-1) (A. Skinner, Planning and Building Director)] YOU'VE ALREADY GIVEN US THE BACKGROUND ON ITEM 882, WHICH IS ORDINANCE 2025-34, AMENDING THE ZONING OF THAT SAME PROPERTY? >> YES. >> IS THIS THE RIGHT TIME THEN, MS. LOPEZ, TO GO AHEAD AND ASK FOR EX PARTE COMMUNICATIONS? >> I HAVE NONE. >> COMMISSIONER SPRINGFIELD. THANK YOU. >> NO. >> COMMISSIONER GARRIS, THANK YOU. >> COMMISSIONER D PRETER? >> NONE. >> I HAVE HAD NONE AS WELL. ANY DISCUSSION OR FURTHER QUESTIONS FROM MS. SKINNER, FOR MS. SKINNER, OR COMMENTS. >> I WOULD JUST NOTE THAT THIS ZONING WOULD BE COMPATIBLE WITH THE COMMERCIAL LOW INTENSITY LAND USE. >> LAND USE COMPATIBILITY WITH OUR ZONING. THANK YOU. DO I HEAR A MOTION? PUBLIC HEARING. SORRY. THANK YOU. IS THERE ANYBODY FROM THE PUBLIC WHO WOULD LIKE TO SPEAK ON THIS MATTER? [03:15:02] THAT AGAIN, IS ITEM 882, ORDINANCE 2025-34. I SEE SOMEBODY STANDING UP. PLEASE COME FORWARD, SIR. IF YOU'LL FILL OUT A CARD AFTERWARD, BUT MAKE SURE YOU WILL GIVE US YOUR NAME AND YOUR ADDRESS BEFORE YOU SPEAK IF YOU DON'T MIND. >> WE'LL NEED TO SWEAR YOU IN. >> PLEASE DO SO. JUST A MOMENT WHILE YOU GET SWORN IN, PLEASE. >> CAN YOU STATE YOUR NAME AND ADDRESS, PLEASE? >> DAVID DENHAM, 113 BARKERO COURT, ST. AUGUSTINE, FLORIDA 32084. >> DO YOU SOLEMNLY SWEAR OR AFFIRM THE TESTIMONY YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? >> YES. >> THANK YOU. PLEASE GO AHEAD. >> HOW DO WE GET THE OVERHEAD WORKING? >> THERE IT IS. >> I SPOKE AGAINST THIS AT THE PCB BOARD. I DIDN'T REALIZE IT EVEN CAME UP AGAIN WITH THE CITY COMMISSION. BUT I LIVE ACROSS SAN SEBASTIAN RIVER FROM THIS PROPERTY, AND IT'S CERTAINLY GOING TO SPOIL MY VIEW LOOKING ACROSS THE MARSH. WHEN THEY HAD THE PCB, THEY JUST LOOKED AT THE PORTION THAT'S IN ST. AUGUSTINE, WHERE THE ACTUAL BUILDING WILL BE CONSTRUCTED OF THE BAR AND CAFE. BUT WHAT'S REALLY CRITICAL IS THIS HUGE PARKING LOT THAT THEY'RE GOING TO BUILD ALONG THE EDGE OF SAN SEBASTIAN TRACE, WHICH IS ALL IN ST. JOHN'S COUNTY. THE THING THAT I OBJECTED TO WAS THE BUILDING OF THIS NINE FOOT BULKHEAD, THIS LOWER DARK LINE. WHEN I MENTIONED THAT AT THE PCB, THEY JUST BLEW IT OFF LIKE THERE'S NO PROBLEM WITH A BULKHEAD. IT'S BUILT RIGHT AT THE JURISDICTIONAL WETLANDS AREA. I THOUGHT THAT WAS ILLEGAL BY THE CITY'S CODES. ABOUT A CLOSE UP VIEW OR A LITTLE BIGGER VIEW OF THE ACTUAL PORTION THAT'S IN ST. AUGUSTINE. I ALSO THOUGHT THERE WAS SUPPOSED TO BE A 50 FOOT BUFFER BETWEEN THE WETLANDS AND ANY CONSTRUCTION THAT CAME UP AND I GUESS THAT'S THE CONSERVATION ZONE 2, AND THAT'S NOT PART OF THIS PROJECT. A LOT OF WHAT TAKES PLACE ON THE PARKING LOT, LIKE ALL THEIR DRAINAGE IS GOING TO BE TRANSMITTED INTO THIS RETENTION POND THAT'S IN CITY OF ST. AUGUSTINE. >> IT'S EVEN A BETTER VIEW. THIS IS LIKE THE FOURTH SET OF PLAN THE THIRD SET OF PLANS THAT THEY'VE SUBMITTED TO THE ST. JOHN'S WATER MANAGEMENT DISTRICT WHERE YOU CAN ACCESS THESE DRAWINGS. [NOISE] WHAT'S REALLY GOING TO HURT MY PROPERTY IS ALL THE DRAINAGE FROM THE HEALTH CENTER IS GOING TO COME THROUGH THIS IS THE IMPERMEABLE PROPERTY FROM THE HEALTH CENTER. ALL OF THAT'S GOING TO BE DRAINED OUT INTO THE PARKING AREA, AND THEN EVENTUALLY DOWN INTO THAT RETENTION POND THAT'S HERE. >> THANK YOU. IF YOU'LL GIVE YOUR CARD WITH YOUR NAME AND ADDRESS, PLEASE TO THE CITY CLERK OR SOMEBODY IN THE BACK, THAT WOULD BE VERY HELPFUL. THANK YOU FOR YOUR COMMENTS. >> WHERE ARE WE? YOU'LL HAVE TO CONTINUE. >> IT'S ON THE SECOND IT'S THE ZONING CHANGE IN OUR SECOND HEARING ON THAT. I ACTUALLY HAVE A QUESTION. >> ODIN 2025 D F. >> YEAH. >> YOU JUST HEARD FROM THE PUBLIC? >> YES. THAT WOULD BE THE END OF PUBLIC COMMENT, THE PUBLIC HEARING. >> WE HAVE AMY. >> BUT I DO WE HAVE ANY OTHER SPEAKERS? [03:20:02] WE'RE JUST IN TRANSITION HERE A LITTLE BIT. WE'RE AT THE END OF PUBLIC. >> NO OTHER SPEAKERS. >> MISS SKINNER. I'M NOT SURE. >> THE APPLICANT IS HERE. I CAN'T SEE BEHIND ME. I'M NOT SURE IF THEY WANT TO ADDRESS IT. >> I THINK THEY ARE HERE. >> MISS SKINNER. DO YOU SEE THE APPLICANT? >> JUST WAVE. >> THE APPLICANT IS HERE. >> DO WE WANT TO GIVE DO YOU FEEL LIKE THE APPLICANT SHOULD SHOULD HAVE AN OPPORTUNITY TO SPEAK? >> IT'S THEIR APPLICATION, SO THEY HAVEN'T STEPPED UP TO SPEAK. THEY DON'T HAVE TO. I JUST COULDN'T SEE BEHIND ME. >> HE'S COMING. >> WONDERFUL. >> YOU CAN INSTALL ONE OF THOSE TRAFFIC MIRRORS FOR YOU TO BE. [LAUGHTER] >> GOOD EVENING. NAME AND ADDRESS, PLEASE. >> THANK YOU SO MUCH. RYAN MYER, TWO THROUGH TWO BOULEVARD DIS PINS. I'M THE PROPOSED LAND OWNER. >> IF YOU'LL PULL THE MICROPHONE UP, I THINK IT MIGHT BE. >> YES. >> YOU CAN PULL THE MICROPHONE OUT. >> ANDRE GREEN CORN LOT DEVELOPMENT, THE CURRENT LANDOWNER DEVELOPER? ADDRESS 1,000 RIVERSIDE, SUITE 600 JACKSON, FLORIDA 32204. >> DO YOU SOLEMNLY SWEAR OR AFFIRM THE TESTIMONY YOU'RE ABOUT TO GIVE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? >> YES. I DO. >> WONDERFUL. DO YOU HAVE ANYTHING YOU WISH TO OFFER? QUESTIONS FROM COMMISSIONERS? >> I HAVE QUESTIONS. BASED ON THE GENTLEMAN'S TESTIMONY THAT HE JUST GAVE ABOUT THE HEIGHT OF YOUR BUILDING AND THE DRAINAGE COMING THROUGH IS THAT MORE THAN BECAUSE MY IMPRESSION WHEN YOU DRIVE DOWN THAT ROAD, BECAUSE I GO DOWN THAT ROAD FREQUENTLY, THAT YOU JUST SEE A LOT OF TREES. BUT NOW HE'S STATING THAT THE MARSH IS GOING TO BE AFFECTED, WHICH INADVERTENTLY WILL AFFECT HIS HOME AND MAYBE SOME OTHER HOMES IN THAT PARTICULAR AREA. I LIKE TO GET SOME FEEDBACK ON THAT BEFORE WE MOVE FORWARD. >> SURE. I'M HAPPY TO GIVE A LAYMAN'S UNDERSTANDING OF THE ISSUE. INTERESTING, WE DID HAVE THE DISCUSSION OF THE RIPARIAN RIGHTS JUST PREVIOUSLY. BUT AS MY UNDERSTANDING, THE GENTLEMAN'S HOME IS ACROSS THE WATERWAY, ACROSS THE MARSH. A GOOD DISTANCE AWAY, BUT CERTAINLY, SOME TREES WILL COME DOWN. THAT IS TRUE. WE DO HAVE A FULL LANDSCAPE PLAN, OF COURSE, TO REPLANT. FOR SHADE PURPOSES, OF COURSE, WE WANT IT TO BE SHADY FOR THE DOGS AND THE PEOPLE TO ENJOY THE MARSH. I CERTAINLY UNDERSTAND LOSING TREES AND IMPACTS TO THE ECOLOGY OF THE AREA. I GUESS MY ONLY REBUTTAL OR THOUGHT THERE IS THAT ALLOWING PEOPLE AND FAMILIES TO ENJOY THE NATURAL PARTS, THE BEAUTIFUL PARTS OF OUR COUNTY WOULD THEN LEAD THEM TO HOPEFULLY PROTECT OTHER PLACES THAT ARE THAT ARE AT A LOWER IMPACT AREA. THAT WOULD BE MY I THINK RESPONSE TO THAT. YOU KNOW, AS FAR AS DRIVING DOWN THE ROAD, FROM THAT PERSPECTIVE, AS WELL, CERTAINLY, YOU WILL SEE, A BIT OF THE PARKING LOT. I BELIEVE IT WILL BE A BIT LOWER THAN SAN SEBASTIAN WAY, THE PARKING AREA ITSELF. WE WOULDN'T BE LOOKING AT A BIG BOX STORE OR A GIANT WALL OF CONCRETE, CERTAINLY. WE'RE CERTAINLY BUILDING IT AS A AS A OUTDOOR RECREATION SPACE IN A WAY TO ENJOY NATURE, ENJOY TIME OUTSIDE WITH YOUR FAMILY AND YOUR DOG, GRAB A BITE TO EAT. WE THAT'S OUR INTENTION. >> IS THIS A ONE STORY BUILDING THAT YOU'RE PROPOSING? >> YES, MA'AM. >> THANK YOU. >> EXCELLENT. ANY OTHER QUESTIONS? YES. >> DURING THE PCB HEARING AT THE COUNTY. DID YOU ALL MAKE ANY REFERENCE TO THE PARKING LOT AS HE MENTIONED DRAINING INTO YOUR RETENTION POND OR IS THAT BEING HILL SOMEWHERE ELSE? >> THE RETENTION POND CORN LOT WE DEVELOPED ACTUALLY FLAGLER CROSSINGS. THE DOG PARK WILL DRAIN INTO THE FLAGLER CROSSINGS POND. THAT WAS ACROSS THE JACKSON'S EASEMENT. >> WAS THERE ANY CONVERSATION ABOUT THE DRAINAGE FROM THE COUNTY HEALTH DEPARTMENT OVER TO YOUR PROPERTY? >> I'M [INAUDIBLE]. >> ANY OTHER QUESTIONS? >> JUST TO FOLLOW ON. THERE'S CAPACITY IN THAT DRAINAGE POND AT FLAGER CROSSING CAUSE I KNOW IT WAS [03:25:04] DEVELOPED THAT POND WAS DEVELOPED SPECIFICALLY TO RETAIN WATER ON THAT SITE. YOU HAVE ADDITIONAL CAPACITY? >> YES, ABSOLUTELY. >> THANK YOU. >> WHERE ARE WE? SO WE'VE HAD PUBLIC COMMENT. WE'VE HEARD FROM THE APPLICANT AND WE'VE HAD ALL OUR QUESTIONS ANSWERED? >> NO, I HAVE A QUESTION FOR YOU. >> YOU HAVE A QUESTIONS COMMENT. >> MISS SKINNER, BUT I'M HAPPY TO WAIT. >> THANK YOU VERY. >> THANK YOU. >> THANK YOU. >> MISS SKINNER. PLEASE GO. >> I WANTED TO FOLLOW UP ON THE SPEAKERS. THE PERSON WHO SPOKE DURING THE PUBLIC COMMENT AS WELL. I DID EXPRESS SOME CONCERN ABOUT DRAINAGE AND IMPACTS IN THE CONSERVATION OVERLAY ZONE AT THE FIRST HEARING. COULD YOU PLEASE REITERATE FOR ME HOW THAT PROCESS WORKS? IT GOES TO PCB, AM I RIGHT OR THEY'VE ALREADY APPROVED IT. >> IT'S ALREADY BEEN APPROVED. >> THE PLANNING AND ZONING BOARD DID REVIEW THIS APPLICATION IN ITS ENTIRETY, WHICH INCLUDED THE PARKING, THE USE BY EXCEPTION FOR THE ALCOHOL, AND THE CONSERVATION ZONE DEVELOPMENT TO BUILD THE BULKHEAD. BASED ON THE PCB STAFF REPORT, IT IS OUR UNDERSTANDING THAT THE DRAINAGE THAT THERE IS AN EASEMENT FROM THIS PROPERTY TO THE FLAGLER CROSSING PROPERTY AND THAT THE STORMWATER WILL BE ROUTED TO THEIR RETENTION POND. IN FACT, WE COMMENT IN OUR STAFF REPORT THAT THAT ACTUALLY IS AN IMPROVEMENT ON THE EXISTING CONDITION BECAUSE IT WAS INDICATED THAT THE STORMWATER NOW JUST ROLLS OFF OF THIS THROUGH THIS PROPERTY INTO THE RIVER. WE FELT LIKE THAT WAS ACTUALLY AN IMPROVEMENT. YOU CAN REQUEST TO BUILD A BULKHEAD IN THE CONSERVATION ZONE AREA. >> WHICH CONSERVATION OVERLAY ZONE IS THE BULKHEAD GOING TO BE PLACED IN? >> ZONE 2. IT'S ON THE BORDER BETWEEN IT'S LANDWARD, I BELIEVE, BETWEEN THE ZONE 1 IS WATERWORD, OF THE MOST RESTRICTIVE JURISDICTIONAL LINE. I BELIEVE IT IS LANDWARD OF THAT, BUT IT IS ALONG THE EDGE. >> THE WETLAND DELINEATION LINE, AS HE MENTIONED, AND THAT IS SOMETHING THAT WE DO WE HAVE PERMITTED IN THE PAST. >> YES. >> OTHER DEVELOPMENT. >> IT'S IN OUR CODE. YES. THANK YOU. >> NO. >> I SUPPOSE WHERE WE ARE NOW IS ANY OTHER QUESTIONS FOR STAFF? ALL RIGHT. WE'LL GO INTO DISCUSSION CONCERNING A MOTION. DO WE HAVE A MOTION? >> I'LL MAKE A MOTION TO THIS IS SECOND. I'LL MAKE A MOTION NIGHT. I'LL MAKE A MOTION TO PASS ORDINANCE 2025-34 READ BY TITLE. ORDINANCE. SORRY. >> SECOND. >> ORDINANCE NUMBER 2025-34, AN ORDINANCE OF THE CITY OF ST. AUGUSTINE, FLORIDA, REZONING A TOTAL OF APPROXIMATELY 0.16 ACRES LOCATED AT THE NORTH END OF FLAGLER CROSSING DRIVE AND WEST OF SAN SEBASTIAN VEW, AS PORTIONS OF THE FRANCIS J FACIO OR DELA SPINE GRANT, AS MORE PARTICULARLY DESCRIBED HERE AND AFTER, REZONING APPROXIMATELY 0.16 ACRES FROM ITS CURRENT CLASSIFICATION OF RESIDENTIAL GENERAL ONE RG-1 TO THE CITY CLASSIFICATION OF COMMERCIAL LOW ONE CL-1, PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES PROVIDING FOR SEVERANCE OF INVALID PROVISIONS AND PROVIDING AN EFFECTIVE DATE. >>ANY OTHER COMMENTS OR DEBATE? >> I HAVE A COMMENT. YOU SAID THAT WE CAN REQUEST A BULKHEAD FOR THIS PROPERTY. WHAT DID YOU SAY WE COULD REQUEST? >> THE PLANNING AND ZONING BOARD REVIEWED AS PART OF THEIR APPLICATION, THE CONSTRUCTION OF A BULKHEAD AND THE REMOVAL OF SOME TREES. THEIR APPROVAL OF THAT APPLICATION IS CONTINGENT UPON THE LAND USE AND ZONING ORDINANCES PASSING. THAT HAS ALREADY BEEN REVIEWED AND APPROVED BY THE PLANNING AND ZONING BOARD. >> THAT WILL HAPPEN? >>YES. >> THAT WILL PROTECT THAT MAN'S PROPERTY? >> YES. >> THANK YOU. >> GREAT. >> ANY OTHER COMMENTS OR QUESTIONS, DEBATE? OKAY, MADAM CLERK, PLEASE CALL THE ROLL. JOHN DE PRATER? >> YES. >> TIM SPRINGFIELD? >> YES. CINDY GARRIS? >> YES. BARBARA BLONDER? >> YES. >> NANCY SIKES-KLINE. >> YES. >> THANK YOU. >> THANK YOU, VICE MAYOR. >> MOVING ON, WE'LL GO TO ORDINANCES. [9.A.1. Ordinance 2026-02: Amends the Future Land Use Designation of approximately 0.19 acres at 7 Old Mission Avenue (A. Skinner, Planning and Building Director)] FIRST YOU HAVE A FIRST READING ORDINANCE, 2026-02, AND MISS SKINNER. >> YOU ARE ON. >> THIS IS AN INTRODUCTION AND FIRST READING OF ORDINANCE 2026-02. THIS ORDINANCE IS A LAND USE PLAN MAP AMENDMENT FOR [03:30:01] APPROXIMATELY 0.19 ACRES FROM RESIDENTIAL LOW DENSITY TO COMMERCIAL LOW INTENSITY. DURING THE REVIEW PROCESS OF THE CHANGE OF USE FOR PROPOSED CAT CAFE IN THIS LOCATION. IT WAS NOTED THAT THE EXISTING COMMERCIAL ZONING FOR THE PROPERTY, WHICH IS CURRENTLY CL-1 WAS INCONSISTENT WITH THE DESIGNATED COMPREHENSIVE PLAN LAND USE OF RESIDENTIAL LOW DENSITY. THE CORRECT CORRESPONDING LAND USE FOR THIS PROPERTY SHOULD BE COMMERCIAL LOW INTENSITY. THE PCB REVIEWED THIS APPLICATION ON DECEMBER 2, 2025 AND MADE A POSITIVE RECOMMENDATION TO AMEND THE FUTURE LAND USE OF THIS PROPERTY FROM THE CITY DESIGNATION OF RESIDENTIAL LOW DENSITY TO COMMERCIAL LOW INTENSITY. THANK YOU, AND I'M AVAILABLE IF YOU HAVE ANY QUESTIONS. >> GREAT. >> DID YOU SAY CAT CAFE? WHAT? YES. >> THIS IS AN EXISTING BUILDING THAT HAS BEEN COMMERCIALLY USED. THE CAT CAFE THAT IS ON US ONE CURRENTLY HAS REQUESTED TO MOVE TO THIS LOCATION. WE DISCOVERED THIS DISCREPANCY. THIS IS A CLEANUP ITEM. >> INTERESTING. WHAT IS A CAT CAFE? >> THE APPLICANT MAY BE BEHIND ME SOMEWHERE. MAYBE NOT. NOT SURE. THEY MIGHT BE ABLE TO EXPLAIN TO YOU THE CAT CAFE CONCEPT. OR MAYBE NOT. >> MAYBE NOT. >> MY UNDERSTANDING IS FOLKS GET TO INTERACT WITH CATS THAT ARE AVAILABLE FOR ADOPTION WHILE THEY HAVE A COFFEE IN OTHER TYPICAL CAFE TYPE SCENARIO. >> I CAN ADD THAT COLLEGE STUDENTS SEEM TO LOVE THEM. >> I'M SURE. >> WELL, WE'RE AMENDING THE FUTURE LAND USE, AND WE'VE HAD OUR STAFF PRESENTATION. DO WE HAVE A DISCUSSION? ANY MORE QUESTIONS CAT CAFE IS. >> IT SOUNDS SIF IT'S PERFECT. >> IT'S PERFECT. >> PERFECT. >> WELL, I THINK THIS IS A HOUSEKEEPING THING. I THINK WE'RE JUST. >> I THINK IT IS, TOO. IS THIS THE FIRST HEARING? [LAUGHTER]. >> SORRY, MAN. THAT'S JUST THE WAY IT GOES. >> IT'S LATE. IT'S. >> BUT I'M GLAD FINALLY, EVERYBODY GOT IT. > THAT'S GREAT. >> THIS IS A FIRST HEARING. I WOULD SUGGEST I WOULD SAY THAT WE MOVED THIS TO A SECOND HEARING. >> PUBLIC HEARING? >> I THINK IT'S A I THINK IT'S A MAPPING SITUATION MORE THAN A LAND USE SITUATION. I'D BE COMFORTABLE MOVING TO A SECOND HEARING. >> IS THAT YOUR MOTION, SIR? >> IT IS I I WILL MAKE A MOTION TO PASS TO PASS ORDINANCE 2026-02 TO SECOND HEARING. SECOND. >>ORDINANCE NUMBER 2026-02, AN ORDINANCE OF THE CITY OF ST. AUGUSTINE, FLORIDA, AMENDING THE FUTURE LAND USE MAP PM DESIGNATION OF A TOTAL OF APPROXIMATELY 0.19 ACRES LOCATED AT SEVEN OLD MISSION AVENUE AS A PORTION OF THE GARNETT ADDITION IN THE CITY OF ST. AUGUSTINE, AS MORE PARTICULARLY DESCRIBED HERE AND AFTER, CHANGING APPROXIMATELY 0.19 ACRES OF PROPERTY FROM ITS CURRENT LAND USE DESIGNATION OF RESIDENTIAL LOW DENSITY TO COMMERCIAL LOW INTENSITY, PROVIDING FOR APPEAL OF CONFLICTING ORDINANCES, PROVIDING FOR SEVERANCE OF INVALID PROVISIONS AND PROVIDING AN EFFECTIVE DATE. >> ANY OTHER DISCUSSION, DEBATE? MADAM CLERK, PLEASE CALL THE ROLL. >> JOHN DE PRATER? >> YES. >> JIM SPRINGFIELD? >> YES. >> CINDY GARRIS. >> NO, I GOING FOR THAT. I'M SORRY. >>IS THAT A NO? NO. > BARBARA BLONDER? >> YES. >> NANCY SIKES-KLINE? >> YES. >> WE'LL HEAR FROM THE PUBLIC ON THAT. THANK YOU. [10. STAFF REPORTS AND PRESENTATIONS] STAFF REPORTS. WE HAVE A RIGHT OF WAY LICENSE AGREEMENT AT 30 SEMINOLE DRIVE. MR. CITY MANAGER. >> MAYOR, VICE MAYOR AND COMMISSIONERS BEFORE YOU TONIGHT IS A REVOKABLE LICENSE AGREEMENT TO CROSS A PIECE OF UNOPENED RIGHT OF WAY AT 30 SEMINOLE DRIVE FOR A SINGLE FAMILY RESIDENTIAL DOCK. ON THE OVERHEAD, YOU WILL SEE A DOCK DESIGN THAT WAS APPROVED BY OUR PLANNING AND ZONING BOARD. BETWEEN THOSE RED LINES IS A STRETCH OF UNOPENED CITY RIGHT OF WAY THAT'S MARSHLANDS. IN ORDER FOR THEM TO CROSS THIS PIECE OF RIGHT OF WAY, THEY ARE REQUESTING A REVOCABLE LICENSE AGREEMENT FROM THE CITY. WE HAVE DONE THIS BEFORE FOR DOCS. WE DID THIS RECENTLY AT THE TERMINAL END OF SAN CARLOS AVENUE, WHERE DEVELOPER IS CROSSING A STRETCH OF CITY RIGHT OF WAY. [03:35:01] WE'VE DONE THIS AT THE END OF FLAGLER BOULEVARD, WHERE UNOPENED RIGHT OF WAY RECEIVED A LICENSE AGREEMENT FOR A DOC TO CROSS IT. THIS HAS BEEN PREVIOUSLY PERMITTED BY THE STATE AGENCIES. >> WHEN THAT COMES INTO FOCUS, YOU'LL SEE A GRAPHIC THAT SHOWS THE PROPOSED DOCK, AND IT SHOWS DOCKS SURROUNDING THIS PROPERTY THAT HAVE ALL BEEN APPROVED BY OUR PLANNING AND ZONING BOARD, AND I'M AVAILABLE TO ANSWER ANY QUESTIONS YOU MIGHT HAVE. >> COMMISSIONERS' QUESTIONS. >> WELL, A COMMENT. I'M VERY FAMILIAR WITH THIS PROPERTY. IT'S RIGHT AROUND THE STREET. IT'S BEEN A CONTROVERSIAL THING SINCE THE 90S, WHEN THE ORIGINAL OWNER DID GET APPROVAL FOR THAT DOCK. BUT THAT PIECE OF SEMINOLE IS NEVER GOING TO BE DEVELOPED. IT'S IN THE MARSH. IT'S JUST STILL ON THE MAPS. I DID TALK TO THE CITY MANAGER ABOUT US GIVING UP THAT PROPERTY, AND HE SAYS THAT WE'RE NOT ABLE TO DO THAT BECAUSE OF ACCESS. I'M IN FAVOR OF APPROVING THIS. >> OH, EXCELLENT. >> YES, I SAW THE SITE VISIT AND HAD IF THIS WAS RUNNING PERPENDICULAR TO THE WATER AND IT WAS GIVING WATER ACCESS, BUT IT'S REALLY NOT RUNNING PARALLEL TO IT. IF YOU LOOK AT IT, THERE'S NEVER GOING TO BE A ROAD THERE. I AM ALSO IN FAVOR OF GRANTING IT. >> NO. I AGREE. THIS IS THINGS THAT WE'VE DONE MANY TIMES IN THE PAST, WELL, NOT MANY, BUT ENOUGH TIMES. IT'S NOT A PRESIDENT SETTING THING, BUT IT AND I ALWAYS LIKE TO SAY WE'RE DOING CASE BY CASE ANYWAY. BUT YES, I AGREE. IT MAKES SENSE. IT'S YOUR NEIGHBORHOOD, I ASSUME YOU KNOW MORE ABOUT IT THAN THE REST OF US. AND YEAH, WELL, SOMETIMES. YOU MIGHT. SOMETIMES WE MIGHT. BUT I'LL MOVE THAT WE PASS THE RIGHT AWAY LICENSE AGREEMENT. >> SECOND. >> SECOND. >> ANY FURTHER DISCUSSION? MADAM CLERK, PLEASE CALL THE ROLL. >> NANCY SIKES KLINE. >> YES. >> JIM SPRINGFIELD? >> YES. >> JONA PRATER? >> YES. >> SIDGARS. >> YES. >> BARBARA BLONDER. >> YES. >> THANK YOU. >> NEXT ITEM 10B, AMENDED MEMORANDUM OF UNDERSTANDING. OH, YES. WE'RE BACK TO THAT WEST AUGUSTINE GATEWAY LLC FOR THE PUBLIC PARKING GARAGE. MR. FRANKLIN. >> YES. GOOD EVENING, MAYOR. >> GOOD EVENING. >> VICE MAYOR COMMISSIONERS, RUBEN FRANKLIN, ASSISTANT CITY MANAGER. THIS ITEM BEFORE YOU TONIGHT IS AN AMENDED MOU. IT'S AN AMENDED MEMORANDUM OF UNDERSTANDING AND LEASE AGREEMENT BETWEEN THE CITY OF ST. AUGUSTINE AND WEST AUGUSTINE GATEWAY, LLC TO DEVELOP A PUBLIC PARKING GARAGE AT 198-212 WEST KING STREET. WE REFERRED TO IT AS THE BROUDY PROPERTY. BACK IN NOVEMBER 13, 2023, THE ORIGINAL MOU WAS APPROVED, AND THAT WAS TO DESIGN, PERMIT, AND CONSTRUCT A MUNICIPAL PARKING GARAGE. THAT WAS WITH A MINIMUM OF 500 SPACES. I THINK WE TALKED EARLIER ABOUT THE 200-500. THE NEW MEMORANDUM HAS CHANGED THAT 500-650 MINIMUM PARKING SPACES. CURRENTLY, WE HAVE 707 SPACES DESIGNED IN THE GARAGE. TO DATE, THE DEVELOPER, MR. BROUDY, HAS COMPLETED THE FIRST TWO MILESTONES IN THE DESIGN PROCESS. WE HAVE 100% SCHEMATIC DESIGN AND 100% DESIGN DEVELOPMENT COMPLETED. THE DEVELOPERS ALSO PRESENTED THE PROJECT TO THE CITY'S CORRIDOR REVIEW COMMITTEE AND RECEIVED APPROVAL FROM THAT COMMITTEE. IT WAS AT THIS TIME, PRIOR TO MOVING FORWARD WITH THE NEXT MILESTONES, THAT CITY STAFF STARTED TO WORK ON THE LEASE AGREEMENT THAT WOULD BE MODELED AFTER THE MOU. DURING THAT TIME, WE REACHED OUT TO THE PROPERTY APPRAISER'S OFFICE TO CONFIRM THAT WE WOULD BE TAX-EXEMPT, AND THEN THAT'S WHEN THE STAFF REALIZED, THROUGH CONVERSATIONS WITH THE APPRAISER, THAT WE NEEDED TO RESTRUCTURE THE MOU AND THE LEASE AGREEMENT SO WE COULD QUALIFY FOR TAX-EXEMPT STATUS FOR PROPERTY TAXES. WE STARTED TO WORK ON THAT, AND THAT'S THE MAIN REASON FOR THE AMENDED MOU IN FRONT OF YOU TONIGHT. WE HAVE, BASED ON CONVERSATIONS WITH THE APPRAISER, THE CITY-END DEVELOPER NEEDED TO CHANGE THE MOU END LEASE AGREEMENT TO REFLECT 100 YEAR TERM TO QUALIFY FOR THE PROPERTY TAX EXEMPTION. IT TOOK A LITTLE MORE TIME THAN ANTICIPATED, BUT WE'RE HERE BEFORE YOU TONIGHT BECAUSE WE HAVE THE AMENDED MOU AND THE LEASE AGREEMENT THAT IS IN LINE WITH THE MOU FOR YOUR CONSIDERATION. THE MOU WAS AMENDED AND NOW REFLECTS 100 YEAR LEASE TERM. IT ALSO ALLOWS THE CITY TO PAY SOME DESIGN COSTS UPFRONT TO REDUCE THE PRINCIPAL. [03:40:02] IT ALSO INCLUDES UPDATED EXHIBITS WITH MORE DETAIL SINCE WE'RE FURTHER ALONG IN THE DESIGN, SO WE WANTED TO UPDATE THOSE EXHIBITS AS WELL. THE CONCEPTUAL RENT SCHEDULE, YOU'LL SEE, DID CHANGE. PRIMARILY, THAT'S BECAUSE THE INTEREST RATE WENT UP. THE ORIGINAL MOU HAD 6.2%, WE'RE AT 6.87%. THAT'S WHY YOU SEE AN INCREASE IN THE RENT SCHEDULE. WE ARE INTENDING THAT THE NEW MOU HAS A MINIMUM OF 650 SPACES. THE PROGRAMMING AND DESIGN OF THE PROJECT WILL BE DONE JOINTLY BY THE CITY AND THE DEVELOPER. AGAIN, THE DEVELOPER WILL FUND, DESIGN, PERMIT, CONSTRUCT, AND DELIVER THE COMPLETED GARAGE. THE CITY SHALL OPERATE, MAINTAIN, REPAIR, AND ENSURE THE GARAGE THAT AN UPDATED CONCEPTUAL RENT STATEMENT IS INCLUDED IN THE MOU, WHICH INCLUDES A 30 YEAR PRINCIPAL AND INTEREST PAYMENT FOR THE GARAGE BASED ON THE FINAL CONSTRUCTION COST. IT ALSO INCLUDES A LEASE OF THE LAND UNDERNEATH THE CONSTRUCTED GARAGE THAT IS BASED ON A STARTING VALUE OF $275,000 AND ESCALATING AT 2.5% PER YEAR FOR 100 YEAR TERM. THE MOU INCLUDES LANGUAGE THAT ALLOWS THE CITY TO PURCHASE THE LAND IN YEAR 30 AT FAIR MARKET VALUE. ALSO ATTACHED IS THE LEASE AGREEMENT, AND IT IS IN LINE WITH THE AMENDED MOU AND ALSO INCLUDES THE NECESSARY RECIPROCAL EASEMENTS REQUIRED FOR SHARED ACCESS AND DRAINAGE. IT IS THE INTENTION IF THE COMMISSION APPROVES THE AMENDED MOU AND LEASE AGREEMENT, STAFF WOULD ENTER THE LEASE AGREEMENT AT THE APPROPRIATE MILESTONE, IF THE CONSTRUCTION COSTS AND FINANCING COME IN AT OR BELOW THE INCLUDED RENT SCHEDULE. IF COSTS ARE HIGHER, WE WOULD BRING THAT BACK TO THE CITY COMMISSION FOR CONSIDERATION OF HOW TO MOVE FORWARD. ALSO IN THE AUDIENCE TONIGHT, WE HAVE MR. ARTIN, WHO IS THE CITY'S OUTSIDE COUNSEL WHO ASSISTS US WITH THE PUBLIC FINANCING AND LEASE AGREEMENT. THE LEASE AGREEMENT HAS BEEN REVIEWED THOROUGHLY BY STAFF AND MR. ARTIN. IF YOU HAVE ANY QUESTIONS, WE ALSO HAVE MISS BRIDENSTEIN FOR FINANCIAL QUESTIONS, AND WE ALSO HAVE MR. BROUDY AND HIS TEAM IN THE AUDIENCE AS WELL. WITH THAT, I JUST WANTED TO PULL UP SO THE CROWD CAN SEE. WE HAVE A SITE PLAN. NORTH IS FACING UP. THIS IS A SITE PLAN THAT'S INCLUDED AS EXHIBIT D. WE ALSO INCLUDED IN YOUR PACKET THE CONCEPTUAL RENDERINGS THAT WAS PRESENTED AT THE CRC. HERE'S ONE, AND THIS IS A BACK VIEW OF THE GARAGE AS WELL. WITH THAT, WE'RE HAPPY TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE. >> OKAY. QUESTIONS. >> YEAH, ROB, I DON'T SEE IT HERE, BUT WHAT'S THE TOTAL AREA OF THE LOT? I'VE NEVER SEEN THAT. THE GROUNDS FOR THE LEASE. WHAT'S THE TOTAL AREA? IS IT BY SQUARE FEET OR ACRES, SO I GET AN IDEA? >> HOLD ON. I DON'T KNOW THAT NUMBER OFF THE TOP OF MY HEAD. >> I'M SORRY. I PROBABLY IT'S NOT GOING TO MAKE ANY DIFFERENCE IN MY PHOTO. IT'S JUST KIND OF CURIOSITY. WE DO HAVE THAT, THOUGH. I PROBABLY SHOULD ASK YOU BEFORE. I'M SORRY. JUST IF SOMEONE ASKED ME. >> MR. ARDEN TELLS ME APPROXIMATELY 2.5 ACRES. >> 2,5 ACRES. OKAY. THANK YOU. >> OTHER QUESTIONS. I DID HAVE ONE FROM THE SPEAKER MISS CALDE, HAD ASKED A COUPLE OF QUESTIONS. I THINK THEY WERE ANSWERED. THE HUNDRED-YEAR LEASE WAS IN ORDER TO NOT HAVE TO PAY THE PROPERTY TAXES, IS THAT CORRECT? >> THAT'S CORRECT. >> THERE WILL BE NO PROPERTY TAXES ON THE GARAGE. >> THAT'S CORRECT. THAT EXTENDS TO ALL THE OTHER TAXING AUTHORITIES AS WELL. THE ONLY FEES WE WOULD HAVE WOULD BE THE NON-AVALORM FIRE ASSESSMENTS. >> WELL, I FOR ONE APPRECIATE THAT VERY MUCH, AND I APPRECIATE THAT IT WAS WORKED OUT, AND THAT Y'ALL ALL WORKED HARD TO DO THAT. THAT'S A BIGGIE. I SUPPOSE WORTH THE WAIT. ALSO, I APPRECIATE ALL THE OTHER COST SAVINGS MEASURES THAT YOU DID TO REDUCE THE PRINCIPAL. ALSO, THE OTHER QUESTION THAT I HAD FROM MISS CALDE WAS, [03:45:04] WILL CRA FUNDS BE USED FOR THIS GARAGE? >> CRA FUNDS ARE NOT PROHIBITED FROM BEING USED FOR THIS GARAGE, AND WE HAD THAT CONVERSATION WHEN WE ADOPTED THE CRA PLAN, YOU'LL RECALL THE WEST CITY CRA PLAN. AT THE TIME, MEMBERS OF THE STEERING COMMITTEE, AND I BELIEVE MISS CALDE WAS ONE OF THOSE MEMBERS, FELT STRONGLY THAT THERE SHOULD BE A PROHIBITION OF USING CRA FUNDS FOR ANY OF THE PARKING GARAGE COSTS. ULTIMATELY, THAT WAS NOT THE PREVAILING VIEW AND NOT WHAT YOU ADOPTED. I'M DOING THIS FROM MEMORY, AND SOMEONE IN THE BACK WILL SHOUT, OR ONE OF YOU WILL RECALL. >> IS THIS IN THE CAPITAL IMPROVEMENT PLAN? >> NO. WE'RE PLEDGING NON-AVALORM REVENUES TO COVER THE COST OF THIS NOTE, IF THAT'S HELPFUL. THAT'S WHY WE TALKED ABOUT, AND WE'VE TALKED ABOUT, CUSTOMARILY BRIDGING THE GAP BETWEEN WHEN THIS GARAGE IS SELF-SUSTAINABLE BY USING GARAGE REVENUES FROM OUR DOWNTOWN GARAGE. >> IT DOES MAKE SENSE. I THINK ONE OF THE THINGS THAT I'D LIKE TO SEE I THINK WE TALKED ABOUT THE POSSIBILITY OF A RESOLUTION TO THAT EFFECT WHEN THE TIME COMES. >> YES, SO I'VE SPOKEN TO MISS BRIDENSTEIN ABOUT THAT DURING THE BUDGET HEARINGS THAT WILL BE PREPARED FOR YOU. >> I THINK IT'S A VERY GOOD IDEA. THE SPIRIT AND THE INTENT IS A RESOLUTION. >> 100%. THAT'S A GOOD IDEA. >> BUT I THINK I HAD HER QUESTION, SO I HOPE. >> COME ONE MORE. >> SURE. I SHOULDN'T BE SUED. >> COULD YOU TELL ME AGAIN, DID WE GET THE TAX EXEMPTION, OR YOU AND THAT CONVERSATION? I KNOW WE GOT IT FOR THE PROPERTY TAXES, BUT WHAT DOES IT EXTEND TO SCHOOLS? >> WE GOT CONFIRMATION TODAY FROM THE PROPERTY APPRAISER THAT WE WILL BE ENTIRELY TAX EXEMPT. THAT MEANS EXEMPT FROM SCHOOL DISTRICT TAXES, THE FINE TAXES, MOSQUITO CONTROL DISTRICT TAXES, ALL THOSE OTHER TAXING AUTHORITIES, AS WELL AS COUNTY AND CITY PROPERTY TAXES. >> THAT'S WHAT I ASKED YOU BEFORE, WE DIDN'T KNOW. OKAY, GREAT. THANK YOU. THAT'S GOOD NEWS. THANK YOU. >> THEN YOU ALSO, I HAD REQUESTED A CONSTRUCTION SCHEDULE OR MILESTONE SCHEDULE. I JUST WANT IT FOR THE PUBLIC. I KNOW THAT THEY'RE GOING TO ASK THE QUESTION, WHEN DOES IT START? BECAUSE REALLY, WE'VE CREATED A LOT OF EXPECTATIONS OF THIS FACILITY. IT LOOKS TO ME LIKE, AND YOU MAY WANT TO GO OVER THIS, THE START OF CONSTRUCTION IS SEPTEMBER 2026. AM I RIGHT IN SAYING THAT? >> WHAT IS INCLUDED HERE IS MR. BROUDY AND HIS TEAM PROVIDED THIS UPDATED SCHEDULE FOR OUR CONSIDERATION. WE HAVE TWO MORE MILESTONES TO GET TO 50% CONSTRUCTION DOCUMENTS, 100% CONSTRUCTION DOCUMENTS, AND THEN WE'LL DO THE INTEREST LOCK-IN FINAL CONSTRUCTION PRICING. WE'RE LOOKING AT FINALIZING ALL OF THIS BY JULY 2026, STARTING CONSTRUCTION. SEPTEMBER 2026. >> THAT'S THIS YEAR. >> THIS YEAR. >> MAKING UP ON US. >> LOOKING AT A GARAGE OPENING IN SEPTEMBER 2028. IT'LL TAKE ABOUT TWO YEARS TO DO THE ACTUAL CONSTRUCTION. IF WE GET APPROVAL STARTING FROM THIS EVENING, WE'LL GO RIGHT INTO OUR NEXT MILESTONES WITH THE DESIGN, START TO DO THE PERMITTING THROUGH THE OTHER AGENCIES, THE WATER MANAGEMENT DISTRICT, AND OUR OWN CITY PERMITTING PROCESS, AND THEN WE'LL BE MOVING TOWARDS FINALIZING CONSTRUCTION DOCUMENTS, ENTERING THE LEASE AGREEMENT. AGAIN, IF IT COMES IN AT OR BELOW, IT COULD COME IN BELOW, AND MOVING FORWARD INTO CONSTRUCTION. >> EXCELLENT. WHAT I WOULD HOPE IS THAT BECAUSE WE HAD A PRETTY ROBUST DISCUSSION ABOUT WHAT WAS GOING TO BE UNDER CONSTRUCTION AND WHAT WASN'T, WHAT'S THE PHASING AND THOSE THINGS, BECAUSE THERE'S DIFFERENT COMPONENTS TO THIS PROJECT, OBVIOUSLY. WHAT I WOULD LOVE TO DO IS, ASSUMING THAT WE APPROVE THIS TONIGHT, WHICH I'M ASSUMING WE WILL, THAT WHEN WE GET THE RESOLUTION PRESENTED TO US, MAYBE WE CAN GET A REPORT A LITTLE BIT TIGHTER ON WHAT TO EXPECT AND WHEN TO EXPECT CAUSE WE JUST TALKED ABOUT WHEN, BUT WE DIDN'T REALLY TALK ABOUT WHAT. >> WELL, I CAN GIVE YOU A LITTLE UPDATE. WE SPOKE TO MR. BROUDY'S TEAM ON FRIDAY. THEY CONFIRMED THAT THE RETAIL COMPONENT IN FRONT OF THE GARAGE, WHICH WE MOST LIKELY BELIEVE WILL BE A LIQUOR STORE FOR MR. BROUDY, WILL BE CONSTRUCTED AT THE SAME TIME AS THE GARAGE IS CONSTRUCTED. WHAT YOU SAW IN THE ELEVATIONS EARLIER, THAT IS ONE PHASE WITH [03:50:01] TWO DIFFERENT COMPONENTS: THE PARKING GARAGE AND THE PRIVATE RETAIL STOREFRONT. >> SUPER. IT'D BE NICE BECAUSE WE HAVE A BEAUTIFUL NEW CORNER, WHICH IS WHAT WE'RE HOPING FOR. ANY OTHER DISCUSSIONS? I KNOW WHO COMMENTS. >> I HAD A QUESTION. AREN'T WE TALKING ABOUT DOING THE TRAIN ALSO IN THAT LOCATION? REMEMBER, THERE WAS A TALK ABOUT THE AMTRAK COMING THERE OR NOT, PART OF THIS PHASE, OR WHAT? >> WELL, THAT'S A SEPARATE PROJECT THAT WAS PROPOSED BY JTA, THE JACKSONVILLE TRANSPORTATION AUTHORITY. THEY WERE PROPOSING BRINGING COMMUTER RAIL TO THIS SITE WITH THE STATION. WE'D VERY MUCH LIKE THEM TO CONTINUE TO DO THAT, BUT THAT'S OUTSIDE OF OUR CONTROL. THIS SITE HAS BEEN IDENTIFIED AS A COMMUTER RAIL STATION IF JTA CONTINUES WITH THAT PROJECT. BUT THIS PARKING GARAGE IS SEPARATE AND DISTINCT FROM THAT. THE GARAGE WILL BE BUILT WHETHER THE TRAIN STATION IS BUILT OR NOT. >> OKAY. THANK YOU. >> OH, I WAS GOING TO MAKE A MOTION. >> IT'S. IT'S OKAY. IT'S LATE. >> COMMISSIONER DE PRETER, PLEASE GO AHEAD. >> JOHN. >> OH, NO. I DID HAVE A QUESTION. I HAD A QUESTION? OH, I HAD A COMMENT. THE COMMENT IS THAT I'D LIKE THIS IS BEING THE LEASE WILL BE PAID BY NON-AD VALOREM TAXES. BUT WE HAVE A RESOLUTION THAT FORMALIZES THAT, ESPECIALLY IN LIGHT OF THE UNCERTAINTY ABOUT PROPERTY TAX REFORMS COMING AT US. WE NEED TO HAVE A DEDICATED REVENUE SOURCE THAT IS TIED TO THIS GARAGE. IN ADDITION TO WHICH, I DIDN'T GET OVER TO THAT PART OF THE CITY VERY MUCH DURING PEAK TIMES AT NIGHTS LIGHTS. I WAS EITHER ON FOOT OR AT HOME. I DID GET OUT IN THE CITY A LOT, BUT I DIDN'T GET OVER TO THAT SIDE. I AM TOLD THAT THE SATELLITE PARKING AREA, THAT LOT IN FRONT OF MR. BROUDY'S, THAT'S ALL PART OF MR. BROUDY'S PROPERTY, WHERE THE PARKING GARAGE WILL GO, WAS FULL. WE DO NEED THIS IN ORDER TO MEET OUR MOBILITY PLAN GOALS. I AM VERY MUCH IN FAVOR OF IT. >> EXCELLENT. >> I'LL MAKE A MOTION THAT WE PASS THE AMENDED MEMORANDUM OF UNDERSTANDING AND LEASE AGREEMENT BETWEEN THE CITY, ST. AUGUSTINE, AND WEST AUGUSTINE GATEWAY, LLC. >> I SECOND. >> ANY OTHER DISCUSSION? QUESTIONS? MADAM CLERK, PLEASE CALL THE ROLL. >> JOHN DE PRETER? >> YES. >> CYNTHIA GEARS? >> YES. >> JIM SPRINGFIELD? >> YES. >> BARBARA BLONDER? >> YES. >> NANCY SIKES KLINE. >> YES. >> CAN I JUST ADD ONE MORE COMMENT? >> SURE. >> STAFF. GREAT JOB. I KNOW THIS WAS A LOT OF WORK TO GO BACK AND FORTH AND WITH THE LAWYERS, BUT WE GOT IT RIGHT. THANK YOU FOR EVERYTHING YOU'VE DONE. MR. BROUDY, THANK YOU AS WELL, AND YOUR TEAM. >> I'D LIKE TO MAKE A COMMENT TO HIM. I MET WITH MR. BROUDY AND CITY MANAGERS THIS PAST WEEK, AND I ENCOURAGED MR. BROUDY TO GET RID OF THE CORNER GAS STATION AS SOON AS POSSIBLE. >> THANK YOU. >> I JUST WANT TO LET HIM HAVE SOME UMPH TO DO THAT, IF HE NEEDS TO, TO SAY THE CITY COMMISSION WOULD LIKE TO SEE THAT BUILDING GONE. >> THANK YOU VERY MUCH. I SAID I HAD THE SAME CONVERSATION, SO IT'S NICE TO HEAR THAT. OFTENTIMES, I DO FIND THAT WHAT I'M THINKING, OTHERS ARE THINKING AT THE SAME TIME, SO THANK YOU FOR DOING THAT. LET'S SEE ITEMS BY CITY ATTORNEY. >> NOTHING AT THIS LATE TIME. >> OH, YES. THANK YOU SO MUCH. ITEMS BY CITY CLERK. [12. ITEMS BY CITY CLERK] >> I HAVE ONE BRIEF ITEM TONIGHT. WE HAD TALKED PREVIOUSLY ABOUT SCHEDULING, HOLDING A PUBLIC FORUM TO DISCUSS THE PROPERTY TAX LEGISLATION ISSUE, AND WE ARE RECOMMENDING SCHEDULING THE FIRST ONE FOR FEBRUARY 9 AT 3:30, JUST PRIOR TO OUR REGULAR COMMISSION MEETING. >> CAN I MAKE A COMMENT ABOUT THAT? >> YES. >> I HAVE ON MY CALENDAR, AND I HAVE MADE MISTAKES. MANY MISTAKES IN MY CALENDAR BEFORE. WHEN IS THE RECOGNITION [OVERLAPPING]? I THINK IT'S THAT DATE. >> IT IS. >> THAT'S SUPPOSED TO BE AT 4:00. >> I HAVE IT ON MY CALENDAR, TOO. >> LUCK MAY HAVE IT. I HAVE THREE OTHER DATES. >> OKAY, GREAT. >> I JUST WANTED TO AVOID THAT DATE. >> JUST IN CASE. >> YES, THAT WOULDN'T WORK. >> I MEAN, WE CAN DO BOTH, BUT I MEAN, WE COULD DO IT. >> WE CAN SCHEDULE IT AT 3:00. >> CORRECT. >> WE WOULD LIKE TO HAVE ALL OF YOU TOGETHER AT THE TABLE SO WE CAN HAVE AN INITIAL CONVERSATION. AS WE MOVE FORWARD, AND YOU MEET INDIVIDUALLY WITH MEMBERS OF THE PUBLIC, WAS THE SECOND PART OF BUT I JUST DIDN'T WANT TO THE NINTH. IT'S OUR FIRST MEETING IN FEBRUARY. [03:55:02] >> ISN'T THERE A CRA MEETING? >> THAT'S THE NEXT MEETING ON THE 26TH. >> THAT'S THE MEETING THAT WE'RE ALSO GETTING AN UPDATE ON THE NIGHTS OF LIGHTS? >> NO. >> YES. >> IT WOULD BE. OH YEAH. >> MAYBE NO. >> IT IS GOING TO BE A LONG DAY. >> THAT WOULD BE A LOT. >> DO YOU PREFER TO SCHEDULE IT ON 23 FEBRUARY? >> IF I CAN MAKE A SUGGESTION, WE WAIT TILL MARCH, I THINK MAYBE THE CHANGES THAT ARE HAPPENING OUT OF TALLAHASSEE WILL HAVE A BETTER CLEAR IMAGE IN MARCH. PLUS, I REALLY THINK THIS IS GOING TO BE A DIFFICULT MEETING FOR THE PUBLIC TO COME TO. I THINK WE'RE GOING TO REALLY NEED TO GO TO NEIGHBORHOODS. I UNDERSTAND THAT THE STAFF IS HAVING DIFFICULTY HAVING US GO AND HAVING MEETINGS THERE, BUT I WOULD LIKE TO ENCOURAGE US TO SCHEDULE JUST INDIVIDUALLY TO GO TO NEIGHBORHOOD MEETINGS AND TO OTHER ASSOCIATIONS AND ROTARIES, AND KANAS TO GIVE THE WORD, AND WE COULD USE MARCH 9TH AS A TRAINING FOR THAT KIND OF THING TO SAY, OKAY, LET'S AGREE ON THE VERBIAGE, AND LET'S GO SPREAD THE WORD. I KNOW WE CAN'T SPEND MONEY ON THAT. WE CAN'T ADVERTISE, BUT WE CAN GO SPEAK, AND PEOPLE ARE ASKING A LOT OF QUESTIONS, AND WE NEED TO HAVE THE GOOD ANSWERS. BUT I THINK WAITING UNTIL MARCH 9TH WOULD BE APPROPRIATE WITH THE CHANGES THAT ARE HAPPENING DAILY IN TALLAHASSEE. >> MY ONLY CONCERN ABOUT THAT WAS WE HAD A MONDAY MORNING CALL IN FOR FLORIDA LARGE CITIES THIS MORNING, AND THEY SAID, KEEP THE PRESSURE UP, THEY THINK IT'S REALLY HAVING AN IMPACT THAT ALL THE TALK AND THE NEGATIVE TALK AND THE QUESTIONING AND ALL THAT, THAT IT IS HAVING A NEGATIVE IMPACT. WAITING THAT LATE BOTHERS ME A LITTLE BIT. IF THERE ARE THINGS THAT WE CAN BE DOING IN BETWEEN NOW AND THEN. >> WELL, I THINK FEBRUARY 23, I MEAN, IT'S LITERALLY A COMPROMISE IF WE GO TO THAT. >> YEAH, AND THAT IS WHAT WE DO HERE. FEBRUARY 23. I THINK I WOULD FEEL MORE COMFORTABLE WITH THAT. THAT IS A LITTLE BIT, AND SO WHAT TIME WOULD THAT BE? >> WE CAN SCHEDULE IT FOR 3:30. >> 3:30. WELL, IF Y'ALL ARE AMENABLE, THAT'LL BE PERFECT. I THINK THAT MIGHT HELP. THEN WE REALLY DO STILL PLEASE CONTINUE TO TALK, CHALLENGE, AND ASK QUESTIONS. IS THAT IT? >> YES, MA'AM. >> THANK YOU SO MUCH. THANK YOU FOR THOSE DATES. WE APPRECIATE THAT. THAT ONE'S CHECKED OFF ITEMS BY THE CITY MANAGER. [13. ITEMS BY CITY MANAGER] >> I'VE PROVIDED YOU A MEMORANDUM THAT OUTLINES THE 2025 YEAR IN REVIEW. I MISSED A BIG ITEM. ACTUALLY, COMMISSIONER DE PRETER POINTED OUT A BIG ITEM THAT I FORGOT, WHICH WAS IMPROVING OUR COMMUNITY RATING SCORE TO A CLASS 4, WHICH SAVED EVERYONE IN THE COMMUNITY 5% ON THEIR [OVERLAPPING]. >> NICE. WELL, THAT'S GOOD. >> I'M NOT GOING TO GO THROUGH THIS WHOLE DOCUMENT. IT BREAKS IT DOWN BY MILESTONES THAT WE ACHIEVED MONTHLY ACHIEVEMENTS, AND WE DID 95 CASES AT PZB. THANK YOU VERY MUCH FOR YOUR DEDICATION, PLANNING AND ZONING BOARD, 75 CASES AT HARP. AGAIN, THANK YOU VERY MUCH. THE SPECIAL MAGISTRATE HAD 48 CASES, AND PRIMARILY, WHAT WE DID FOCUS LAST YEAR WAS ON CONSERVATION LANDS, ACQUISITION, THE CREATION OF THE WEST CITY CRA PLAN, AND OUR NIGHTS OF LIGHTS INITIATIVE, WHICH WORKED OUT TO BE VERY SUCCESSFUL. THAT TAKES US THROUGH 2025. IF ANYONE HAS ANY QUESTIONS, I'D BE HAPPY TO ANSWER THEM. THE OTHER THING I'D LIKE TO BRING UP IS CHIEF JENNIFER MICHAUX, WILL OFFICIALLY RETIRE FROM THE ST. AUGUSTINE POLICE DEPARTMENT TOMORROW, JANUARY 13, CLOSING OUT A DISTINGUISHED 30-YEAR CAREER WITH THE DEPARTMENT. THE CHIEF BEGAN HER SERVICE WITH THE SAPD IN 1995. SHE WORKED HER WAY UP THE RANKS, PROVING HERSELF IN ROLES SUCH AS TRAINING SERGEANT, INTERNAL AFFAIRS SERGEANT, AND PATROL SERGEANT, AS WELL AS PATROL COMMANDER AND ADMINISTRATION COMMANDER. SHE HAS SERVED AS A TRAFFIC HOMICIDE INVESTIGATOR, MOTOR OFFICER, DEFENSIVE TACTICS INSTRUCTOR, AND FIELD TRAINING OFFICER. BEFORE HER SELECTION AS CHIEF, SHE MANAGED THE INITIAL ACCREDITATION PROCESS FOR THE DEPARTMENT UNDER CHIEF BARRY FOX AND WAS RESPONSIBLE FOR OVERSEEING THE DEPARTMENT'S RE ACCREDITATION AND HER CURRENT ROLE AS POLICE CHIEF. WHEN CHIEF MICHAUX WAS SELECTED FOR CHIEF IN 2021, SHE MADE HISTORY AS THE FIRST FEMALE CHIEF OF POLICE IN THE HISTORY OF THE CITY OF ST. AUGUSTINE. IN HER 4.5 YEARS AS CHIEF, SHE CONSOLIDATED OUR DISPATCH SERVICES WITH ST. JOHN'S COUNTY SHERIFF'S OFFICE, WHICH ALLOWS FOR QUICKER RESPONSE TIMES. SHE REASSIGNED PERSONNEL TO CREATE A DOWNTOWN BIKE UNIT, [04:00:02] AS WELL AS FOOT PATROL FOR INCREASED POLICE VISIBILITY AND SECURITY, AND SHE HIRED A NIGHT LIFE MANAGER WHO IS CRITICAL TO ASSIST CODE ENFORCEMENT ISSUES AND ALSO IMPROVING QUALITY OF LIFE FOR OUR DOWNTOWN RESIDENTS. INTERNAL TO THE DEPARTMENT, CHIEF MICHAUX HAS IMPROVED THE DEPARTMENT'S RECRUITING INITIATIVES BY DEVELOPING A SPONSORSHIP PROGRAM WHICH ENHANCES OUR ABILITY TO ACQUIRE AND RETAIN QUALITY OFFICERS. CHIEF MICHAUX HAS SERVED OUR COMMUNITY FOR 30 YEARS WITH DEDICATION AND COMMITMENT TO PROTECTING OUR RESIDENTS, BUSINESS OWNERS, AND VISITORS, AND KEEPING ORDER IN THE HISTORIC DOWNTOWN DISTRICT, WHICH HAS BEEN NO SMALL TASK. SHE HAS MAINTAINED A STRONG DEPARTMENT WITH DEDICATED OFFICERS AND STAFF, WHICH MAKES FOR A SMOOTH TRANSITION TO OUR NEW CHIEF SELECT SERGEANT, JOHN MARSTON. WE WISH CHIEF MICHAUX THE VERY BEST IN HER WELL-DESERVED RETIREMENT. I'LL ALSO TAKE THIS OPPORTUNITY TO OFFICIALLY INTRODUCE CHIEF SELECT SERGEANT JOHN MARSTON, WHO WILL SERVE AS OUR NEXT CHIEF OF POLICE. SERGEANT MARSTON BEGAN HIS LAW ENFORCEMENT CAREER IN 2008 WITH THE ST. AUGUSTINE POLICE DEPARTMENT AND BRINGS EXTENSIVE OPERATIONAL AND LEADERSHIP EXPERIENCE TO THIS ROLE. THROUGHOUT HIS CAREER, HE HAS SERVED AS A SERGEANT IN PATROL, INVESTIGATIONS, AND TRAINING, AND HAS ALSO LED THE DEPARTMENT'S SPECIAL RESPONSE TEAM. AS AN INSTRUCTOR IN DEFENSIVE TACTICS, FIREARMS, AND EMERGENCY VEHICLE OPERATIONS, AND AS A FIELD TRAINING OFFICER. NOT ONLY HAS SERGEANT MARSTON BEEN ACTIVELY INVOLVED IN OFFICER DEVELOPMENT AND TRAINING, AND HE HAS BEEN INSTRUMENTAL IN MENTORING AND GUIDING NEW OFFICERS DURING THE EARLY STAGES OF THEIR CAREER. DURING OUR INTERVIEWS WITH SERGEANT MARSTON, HE DEMONSTRATED HIS COMMITMENT TO PROFESSIONAL EXCELLENCE, THE IMPORTANCE OF ACCOUNTABILITY, AND PRIORITIZING COMMUNITY SAFETY. I AM CONFIDENT THAT HE WILL BE EFFECTIVE IN CONTINUING TO DEVELOP A WELL-TRAINED COMMUNITY-FOCUSED POLICE DEPARTMENT AND THAT HE WILL LEAD WITH INTEGRITY AND ACCOUNTABILITY. ALL OF THE OFFICERS WE INTERVIEWED WERE EXCELLENT CANDIDATES. ANY ONE OF THEM COULD HAVE BEEN SELECTED FOR CHIEF. IT WAS A VERY HARD DECISION TO MAKE. I BELIEVE CHIEF MARSTON WILL SERVE THIS COMMUNITY WELL AND LEAD OUR POLICE DEPARTMENT INTO ITS NEXT CHAPTER OF ST. AUGUSTINE HISTORY. CHIEF MARSTON, PLEASE COME UP. STAND RIGHT THERE. >> STANDING RIGHT HERE. >> SAY HI. >> HELLO. I'M JOHN MARSTON. I'D LIKE TO THANK THE CITY MANAGER FOR HIS CONFIDENCE IN ME, AND EVERYBODY THAT WAS ON THE HIRING BOARD. ALL THE CITY STAFF THAT I'VE MADE CONTACT WITH SO FAR HAVE BEEN SO AMAZING, SO WELCOMING, OFFERING HELP. LOOKING FORWARD TO WORKING WITH THE MAYOR, VICE MAYOR, ALL THE COMMISION. I DEFINITELY WANT TO THANK CHIEF JENNIFER MICHAUX. I SPENT ALL DAY YESTERDAY WITH HER AT THE CHIEF POLICE CONFERENCE DOWN IN ORLANDO. SHE INTRODUCED ME TO A WEALTH OF KNOWLEDGE AND A BUNCH OF DIFFERENT PEOPLE THAT HAVE ALL OFFERED TO HELP OUT ALONG THE WAY, AND SPENT A LOT OF TODAY WITH HER AS WELL, JUST GOING OVER SOME OF THE LAST-MINUTE THINGS. I'VE MET WITH MOST OF THE STAFF SO FAR AT THE POLICE DEPARTMENT. I HAVE ONE MORE SHIFT TO MEET WITH TOMORROW MORNING, AND JUST TO TELL THEM MY PLAN AND JUST EASE ANY TENSION. WHENEVER THERE'S A CHANGE, THERE'S A LITTLE BIT OF ANXIETY AND STUFF, JUST TO LET THEM KNOW WHAT MY PLAN IS. NOT CHANGING A WHOLE LOT IN THE BEGINNING, GETTING SOME THINGS SET, AND THEN I'M JUST ASKING EVERYBODY FOR A LITTLE PATIENCE. THIS IS A PRETTY QUICK TURNAROUND. I JUST NEED TO SETTLE INTO MY ROLE, GET THE PERSON THAT TOOK MY ROLE TRAINED UP IN WHAT HE'S DOING, AND THEN WE'RE ALL LOOKING FORWARD TO THE FUTURE. >> GREAT. COMMISSIONERS, ANY FEEDBACK? WE'D LIKE TO HAVE. >> FIRST OF ALL, CONGRATULATIONS. THANK YOU. I DID HAVE AN OPPORTUNITY TO RUN WITH YOUR DOWNTOWN UNIT, LIKE ON THE NIGHT OF THE REGATTA REAL BUSY NIGHT. I WAS VERY IMPRESSED WITH THESE GUYS. I MEAN, THEY WERE RESPONSIVE. THEY DIFFUSED A COUPLE OF SITUATIONS, INSTEAD OF THEY SEPARATED PEOPLE. IT WAS REALLY GOOD. THEY WERE GLAD TO HAVE AN OLD GUY LIKE ME WITH THEM. AND, YOU KNOW, FOR YOUNG GUYS, THEY'RE NOT THAT BAD ON BIKES. THEY CAN LEARN A COUPLE OF THINGS. BUT I WAS IMPRESSED BY NOT ONLY WHAT THEY WERE DOING, BUT THE WAY THEY REPRESENTED THE CITY WHEN PEOPLE WERE ASKING THEM DIRECTIONS AND STUFF OF CORPORAL BALLOON. I JUST WANTED TO SAY THAT WAS A GOOD NIGHT FOR ME. I LEARNED A LOT LOGISTICALLY, WE'LL TALK ABOUT LATER AT ANOTHER MEETING OF NIGHTS OF LIGHTS, BUT I JUST WANT TO TELL YOU, IT WAS A GOOD GROUP. I GOT A NICE LITTLE DOWNTOWN MEDAL, AND I GOT IT STUCK UP THERE. >> EXCELLENT. >> VERY NICE. [04:05:01] >> LET'S SAY, CONGRATULATIONS. IT'S HISTORIC. I MEAN, THIS IS A PRETTY IMPORTANT POSITION FOR SOMEBODY TO HAVE TO BE THE POLICE CHIEF OF THIS CITY. IT GOES WAY BACK, AND AS YOU WELL KNOW, WE HAVE A GREAT POLICE FORCE. I'M PROUD OF THEM. IT'S LIKE COMMISSIONER DE PRETER SAID, THEY TREAT PEOPLE AS PEOPLE. THEY DON'T TREAT PEOPLE AS CRIMINALS RIGHT AWAY. I'VE WATCHED IT HAPPEN. I'M VERY IMPRESSED, AND I HOPE THAT YOU'LL CONTINUE TO REINFORCE THAT. WE'RE A USER-FRIENDLY POLICE FORCE, BUT DON'T BREAK THE LAW. THANK YOU. ONE QUESTION, IS THERE GOING TO BE AN OFFICIAL CEREMONY LIKE THERE ARE PROMOTION CEREMONIES? >> THERE WILL BE A SWEARING-IN TOMORROW, AND I BELIEVE THE CITY CLERK IS GOING TO DO THAT. IF THERE'S GOING TO BE A PHOTO OPPORTUNITY, IT WILL PROBABLY BE HELD AT THE NEXT SWEARING-IN CEREMONY FOR A NEW OFFICER. >> GREAT. THANK YOU. >> VICE MAYOR. >> I WANTED TO SAY THAT CONGRATULATIONS TO YOU. I'M LOOKING FORWARD TO WORKING WITH YOU. THE CONTINUATION OF THE COMMUNITY POLICING MODEL THAT WE'VE GOT IN THE NATION'S OLDEST CITY IS SOMETHING I'M REALLY PROUD OF, AND JUST DOING OBSERVATIONS. ONE RIDE ALONG. I'VE ONLY DONE ONE. BUT I WILL DO MORE. ALSO, IN HONORING CHIEF MICHAUX. SHE'S A HISTORY MAKER, TOO. AGAIN, THE NATION'S OLDEST CITY, A WOMAN POLICE CHIEF, IS A VERY HIGH-PROFILE. I JUST THANK HER FOR HER SERVICE. I WISH I COULD DO IT IN PERSON, BUT I WILL CATCH UP WITH HER LATER IF SHE'S NOT ON A CRUISE SOMEWHERE. >> JUST BEST OF LUCK TO YOU, I KNOW WE'RE IN GREAT HANDS. >> THANK YOU VERY MUCH. >> CONGRATULATIONS. I TOLD YOU EARLIER TODAY WHEN I SAW YOU, CONGRATULATIONS. WE'LL SEE WHAT THE YEAR BRINGS IN FUTURE YEARS. THANK YOU. >> WELL, AND I'D LIKE TO ADD MY THANKS TO EVERYTHING. EVERYBODY'S VERY HAPPY TO SEE YOU COME ON BOARD. WE ALL ADORE CHIEF MICHAUX. WELL, I THINK WE'LL COME TO LOVE YOU AS WELL. IT IS A UNIQUE JOB. IT IS A UNIQUE DEPARTMENT, AND BECAUSE IT'S A UNIQUE CITY, IT'S A VERY LARGE DEPARTMENT FOR A CITY OF 17,000, BUT I'M SURE THAT YOU'RE UP TO THE JOB, AND WE'LL LOOK FORWARD TO THE GOOD WORK THAT YOU DO. >> THANK YOU. >> CONGRATULATIONS. THANK YOU. >> THANK YOU. >> I HAVE GOT ONE MORE THING. I'M SORRY. >> ONE MORE THING. >> MAKE IT REALLY QUICK. I JUST WANTED TO MAKE A PUBLIC ANNOUNCEMENT THAT THE DEPARTMENT OF TRANSPORTATION IS PLANNING ON BEGINNING THE KING STREET BRIDGE REPLACEMENT STARTING JANUARY 28TH OR 29TH. WE'VE BEEN TALKING ABOUT THIS DETOUR THAT'S COMING OUR WAY FOR YEARS NOW, AND IT IS UPON US. WE'RE TAKING IT ONE STEP AT A TIME. I JUST WANTED TO MAKE THAT A PUBLIC STATEMENT SO FOLKS CAN LOOK TOWARDS THAT UPCOMING DETOUR AT KING STREET. THE BRIDGE WILL BE OUT OF COMMISSION, MOST LIKELY FOR TWO YEARS. WE WILL KEEP YOU UPDATED AS THINGS GO. THANK YOU. >> EXCELLENT. THANK YOU. NO ONE'S LOOKING FORWARD TO THAT, BUT I GUESS WE'LL BE GLAD WHEN IT'S OVER. [LAUGHTER] THAT'S WHAT WE HAVE TO LOOK FORWARD TO. YES. WELL, I GOT TO FIND SOMETHING IN THERE HERE. HONESTLY, HERE WE GO ONTO ITEMS, MAYOR, AND COMMISSIONERS. [14. ITEMS BY MAYOR AND COMMISSIONERS] I'LL GO FIRST. I HAVE A COUPLE OF THINGS. I JUST WANTED TO REPORT OUT TO YOU THAT I DID TAKE COMMISSIONER ANN TAYLOR ON A WALK AROUND. WE HAD OFFICER COMMANDER CASTING WITH US. WE DID MEET WITH THE NIGHTLIFE MANAGER, JABARI WHITE. IT WAS VERY INTERESTING EVENING. WE LEARNED A LOT, AND I THINK THAT SHE HAS A GOOD UNDERSTANDING OF THE COMPLEX SYSTEMS THAT WE'RE DEALING WITH, AND MOSTLY, PEOPLE LOOKED VERY HAPPY, THOUGH. WE WERE DOWNTOWN QUITE A BIT. IT SEEMED LIKE EVERYBODY SEEMED VERY CALM AND, FOR THE MOST PART, VERY RESPECTFUL AND ENJOYING THEMSELVES VERY MUCH. WANTED TO LET YOU KNOW ABOUT THAT. I THINK WE NEED TO TALK ABOUT LEONARDI CROSSWALK, AND WE NEED TO TALK ABOUT JANNIE PRICE NAMING OPPORTUNITY. I'M NOT SURE ABOUT A ROAD, BUT I DO THINK THAT WE SHOULD FIND A NAMING OPPORTUNITY, AND I'D LIKE TO HEAR EVERYBODY'S THOUGHTS ON THAT BECAUSE MISS JANNIE PRICE WAS THE GODMOTHER. SHE WAS THE GRANDMOTHER OF EVERYBODY. SOME OF US HAD THE OPPORTUNITY TO MEET HER. THEN I THINK THAT WAS IT. THE LEONARDO CROSSWALK. AS I RECALL, WE HAD TO WORK WITH THE COUNTY ON THAT. >> YES. THAT IS A COUNTY RIGHT-OF-WAY. [04:10:01] >> IT IS. WE'RE BACK TO WORKING WITH THEM ON SOME IMPROVEMENTS. >> WELL, WE HAVE A SECRET WEAPON WHEN IT COMES TO WORKING WITH THE COUNTY RIGHT-OF-WAY ON KING STREET. IT'S COMMISSIONER GARRIS. >> OH. THERE WE GO. >> WELL, I'VE ACTUALLY SPOKE TO THEM ABOUT THAT PARTICULAR INTERSECT. I WENT BEFORE THE COUNTY. PROBABLY, ABOUT SIX WEEKS AGO, I WAS OUT THERE FOR SOMETHING, AND I DECIDED TO USE THAT OPPORTUNITY TO ASK THEM ABOUT PUTTING THE FLASHES ON THAT PARTICULAR CROSSWALK, BECAUSE WHEN WE HAD A COFFEE WITH A COMMISSIONER, SOMEBODY CAME AND TOLD ME IT TOOK THEM 20 MINUTES TO CROSS THE STREET, AND THEY WERE VERY UPSET ABOUT IT. I TOLD THEM THAT IT TOOK A YEAR FOR THE CROSSWALK AND ANOTHER YEAR FOR THE FLASHERS DOWN THERE BY SHYLO, AND THEY SAID, WELL, YOU'RE THE PERSON ASK THAT. BEFORE I LEFT CHAIRMAN, CLAY MURPHY TOLD THE STREETS AND GROUNDS PERSON TO COME OUT AND TALK TO ME, AND I TOLD HIM THAT THAT WAS ONE OF MY CONCERNS THAT THEY WERE GOING TO FORWARD THAT INFORMATION TO HIM, THE GENTLEMAN NAMED GREG. I ALSO ASKED FOR A LIGHT. WELL, I ASKED FOR A STOP SIGN AT VALUCA AND WEST KING STREET, BECAUSE THAT'S THE ACCIDENT WAITING TO HAPPEN, AND I WANTED US TO GET AHEAD OF THE ACCIDENT. WHEN YOU'RE GOING DOWN FOUR MILE ROAD, WHEN YOU TURN TO GO DOWN, IT STARTS OFF AS VALUCA, THEN AS YOU GO FURTHER DOWN, IT TURNS INTO FOUR MILE ROAD. THEY TOLD ME THAT IT WAS BUDGETED FOR THIS YEAR. I ASKED THEM TO PUT A THREE-WAY STOP SIGN BECAUSE IT'S CLOSE TO THE TRACK. THEY'RE ACTUALLY GOING TO PUT A LIGHT THERE. IT'S BUDGETED FOR THIS YEAR. A LIGHT'S GOING TO GO THERE BECAUSE THERE'S A HEALTH DEPARTMENT THAT WE WENT OUT FOR THE GROUNDBREAKING ON BREVARD STREET, AND THAT IS GOING TO BE OPENING LATER THIS MONTH. THERE'S ALSO THAT HIGH-RISE PLACE OVER THERE WITH 50 APARTMENTS. THAT MEANS 50 PEOPLE ARE GOING TO HAVE A CAR, AND IF TWO PEOPLE MOVE IN, THAT'S ANOTHER 100 CARS ON THAT ROAD, AND PEOPLE JUST DART OUT AND THEY CROSS RIGHT IN FRONT OF YOU, AND YOU COULD BE GOING STRAIGHT. I WILL FOLLOW UP WITH THAT GENTLEMAN ABOUT THOSE LIGHTS HAPPENING ON THAT PARTICULAR CROSSING. >> PEDESTRIAN CROSSING. >> YES. I WILL FOLLOW UP ABOUT THAT. I WILL ALSO TRY TO COME BACK WITH A DATE AS FAR AS WHEN THEY'RE GOING TO. WHEN YOU PASS THAT PARTICULAR AREA, WHEN OUR CITY STAFF IS GOING BACK TO THE CITY COMPOUND. THERE'S TWO LIGHTS, AND THERE'S ONE THAT SHOULD BE AN ARROW FOR THEM TO TURN. THEY HAVE TO WAIT FOR EXCESSIVE TRAFFIC, AND I ASK THOSE ARROWS TO BE TURNED ON SO THAT THEY CAN CROSS INSTEAD OF WAITING FOR 50 CARS TO COME THROUGH, WHEN THE LIGHTS CHANGE, LIKE THEY DO IN DOUBLE LIGHTS. THAT WAS ANOTHER REQUEST I HAD. I WAS ALL IN THE BUSINESS THAT DAY. BUT ANYHOW, GOING ON ABOUT MISS JANNIE PRICE, I KNOW MISS CYNTHIA DUKES THAT CAME IN. I HAD THE PLEASURE OF MEETING HER AUNT, AND I ALSO INTRODUCED LENNY FOSTER, WHO'S THE PHOTOGRAPHER/ARTIST, AND HE DID A GREAT STORY ON HER, A PORT SERIES ON HER, MISS TYSON, AND MISS VICKERS, WITH ME CONNECTING HIM WITH THOSE INDIVIDUALS. I THINK THAT MAYBE IT DOESN'T HAVE TO BE A WHOLE STREET, BUT IF WE TAKE PART OF A STREET, AND NAME IT BEHIND HER, I THINK THAT WOULD BE GREAT. SOME PLACE THAT'S CLOSE TO HER HOUSE, MAYBE SHYLO, MAYBE PART OF SOUTH STREET, JUST AN AREA, JUST SO THAT WE'RE RECOGNIZING THE PARTICULAR NEIGHBORHOOD THAT SHE RESIDED IN. SHE HAS A LOT OF HISTORY. SHE WOULD GET OUT AND GO TO PEOPLE'S HOUSES THAT WERE BEAT UP FROM THESE RIOTS, DIFFERENT THINGS, GO DELIVER BABIES. I THINK THAT WE HAVE DONE SO MUCH RECOGNIZING HISTORICAL PEOPLE THAT MADE AN IMPACT DURING THE CIVIL RIGHTS, AND THEY JUST LEFT A GREAT LEGACY. THERE'S A WHOLE BUNCH OF STUFF ABOUT HER RIGHT IN OUR MUSEUM OVER THERE IN LINCOLNVILLE THAT WE SHOULD GO FORWARD TRYING TO HONOR, MAYBE WE'LL GET SOME LITTLE STREETS TOGETHER, MAYBE SHYLO. STREETS THAT AREN'T NAMED BEHIND ANYBODY THAT WE FIND ONE, AND WE GO THROUGH THE MOTIONS ON PURSUING THAT, BECAUSE THERE'S NO MORE PARKS OVER THERE. THERE'S NO MORE AREAS TO NAME A PARK. THAT'S JUST MY THOUGHTS. WHAT DO YOU GUYS THINK? THE LAST THING I HAD BECAUSE I DID WRITE SOME NOTES, I WANT TO THANK SCOTT YORK BECAUSE THIS GENTLEMAN REALLY REPRESENTS THE CITY WELL. TODAY, THIS MORNING, I WAS ABLE TO GO TO THE LIVING CAST MEETING. I SHOULD SAY, SHOW, WHERE HE WALKED AROUND WITH THIS HEADSET AND JUST TALKED ABOUT THE CITY, [04:15:04] AND I REALLY TRIED TO JUST SIT THERE AND BE SPEECHLESS, BUT MY SPIRIT COULDN'T LET HIM BASH THE CITY. I HAD TO STAND UP AND SAY A FEW WORDS ABOUT THE CITY. HE HAD THE RESIDENTS ALL WORKED UP THAT WE WEREN'T CONCERNED. HE WAS COMPARING US TO DIZZY AND ALL THESE GREAT ATTRACTIONS. THEY WAS TALKING ABOUT HOW WE'RE NOT HANDLING THE TRAFFIC. WE WILL NOT EVEN TRY TO GET A LANE. WELL, I HAD TO PUT HIM ON STRAIGHT STREET AND LET HIM KNOW THAT WE HAVE WENT CONSTANTLY. DAVID HAS WORKED TRYING TO GET THE STATE TO LET US GET THAT LANE THAT JUST KEEPS FLOWING. WE'VE BEEN DENIED HAVING ACCESS TO THAT. I ALSO HAD TO TELL HIM THAT WE HAD FIVE MEETINGS HERE THAT WERE FOR THE COMMISSION, FOR THE RESIDENTS, AS WELL AS THE PUBLIC. I DIDN'T SEE A LOT OF THOSE PEOPLE. THERE MUST HAVE BEEN ABOUT MAYBE 150 PEOPLE UP IN THERE. I DIDN'T SEE ANY OF YOU THERE COMING TO GIVE YOUR FEEDBACK WHEN WE OPEN IT UP FOR YOU TO COME AND EXPLAIN WHAT YOU NEEDED. IT WENT PRETTY WELL, I THINK. MELISSA AND JAMIE WERE THERE. THEY WERE TRYING TO DISCOURAGE ME FROM SPEAKING, BUT MY SPIRIT WOULDN'T ALLOW ME TO LET THE CITY GET BASHED BECAUSE WE WORKED REALLY HARD ON ADDRESSING THE NEEDS AND THE CONCERNS OF THE RESIDENTS, AS WELL AS THE BUSINESSES. FOR ANYONE TO TRY TO SAY THAT WE DON'T AND TO GIVE THE CITY A BLACK EYE, AND NOBODY SPEAK ABOUT IT. BUT SURPRISINGLY, YOUR PREVIOUS OPPONENT, MELINDA RICANS, SPOKE VERY WELL OF THE CITY. SHE WAS THERE, AND THERE WAS A LOT OF PEOPLE THAT THANKED ME FOR SPEAKING FOR STANDING UP AND SAYING SOMETHING. ANN TAYLOR WAS THERE, AND SHE GOT UP AND DID THIS WHOLE THING ABOUT THE COUNTY AND HER POSITION AND HOW SHE WAS. ON THAT NOTE, I SAID, WELL, WE'RE NOT GOING TO MAKE LIKE THE COUNTY, THE ONLY ONE THAT CARE ABOUT THESE RESIDENTS. YES. ANYWAY, I JUST WANTED TO GIVE YOU ALL THE TEA ON THAT. THE LAST THING I HAVE ON HERE IS I WANT TO THANK THE PEOPLE FROM DAVID SHORES THAT CAME OUT AND EXPRESSED THEIR CONCERNS ABOUT THEIR NEIGHBORHOOD, WANTING TO GET THIS WALL DONE TO PREVENT THIS FLOODING. WE'VE HAD A LOT OF CONCERN ABOUT DAVID SHORES, AND I KNOW YOU REALLY CAN RELATE TO THAT. I JUST THINK THAT IT'S A GREAT THING THAT WE'RE MOVING FORWARD ON GETTING THIS SEA WALL DONE SO THAT IT CAN PROTECT THE NEIGHBORHOOD BEFORE THE NEXT STORMS. THANK YOU. >> ABSOLUTELY. WELL, OKAY, THEN. I JUST LIKE LEONARDI STREET. CONSIDER IT DONE. [LAUGHTER] IT WILL BE DONE. WHO WOULD LIKE TO GO AFTER THAT? ANYONE? YOU DON'T HAVE ANYTHING AGAIN. I DON'T REALLY HAVE ANYTHING. I JUST HAD TO LIST. >> I'LL BE GLAD TO GO. I'M LOOKING FORWARD TO THE NIGHT OF LIFE REPORT. ALSO, THE REPORT ON E-BIKES. ARE WE EXPECTING TO HAVE SOME RECOMMENDATION ON ORDINATE CHANGES FOR EBIKES? >> YES. THEN I'LL FOLLOW UP WITH MY STAFF ON WEDNESDAY WHEN WE HAVE OUR STAFF REPORT AND GET IT. >> ALSO, I'D LIKE TO ENCOURAGE US TO ENCOURAGE THE MANAGER TO CLOSE TREASURY FOREVER. I THINK THAT'S A REALLY IMPORTANT NEXT STEP IN THE PROCESS OF MAKING DOWNTOWN SAFE. I'D LIKE TO JUST TO BRING THAT UP. TREASURY DOESN'T NEED TO BE OPEN ALL THE TIME. THE LAST THING I'LL SAY IS THAT I JUST WANT TO OFFICIALLY ANNOUNCE THAT I AM NOT SEEKING ELECTION AGAIN IN NOVEMBER. WE DO HAVE SOMEBODY RUNNING FOR MY SEAT ALREADY, WHICH IS GOOD, AND I THINK WE'LL PROBABLY SEE OTHER PEOPLE STEP FORWARD IN DIFFERENT SEATS, AND THAT'S ABOUT IT. >> LOVELY. VICE MAYOR. >> YOU'LL BE MISSED. I HAVE A LOT, BUT IT'S LATE. I'LL STICK TO THE THINGS THAT I NEED TO SAY TONIGHT, AND THEY'RE PRETTY BRIEF. THANK YOU, COMMISSIONER GARRIS, FOR TAKING CARE OF THAT ISSUE ON THE CROSSWALK. THE OTHER TWO THINGS I WANTED TO MENTION. TWO THINGS. I KNEW I WAS MISSING SOMETHING. I DROVE DOWN KING STREET THE OTHER DAY AND SAW THAT THE MIDDLETON HOUSE SIGN IS UP FOR THE ARCHAEOLOGY BUILDING. IT'S A NICE SIGN, AND IT'S A GREAT SPOT, SO I WAS VERY HAPPY TO SEE THAT. A FILM FESTIVAL YESTERDAY. I KNOW I SAW COMMISSIONER GARRIS THERE. WE HAD TWO LOCAL FILMS DIRECTED AND PRODUCED BY TWO OF MY FAVORITE COLLEAGUES AT FLAGLER COLLEGE, DR. TRACY HALCOM AND JIM GILMORE, WITH THE NEW CINEMATIC ARTS PROGRAM. [04:20:01] THE STUDENTS DID ALL THE WORK, INCLUDING A LOT OF THE ACTING. I BRING THESE TWO UP IN PARTICULAR, FLORIDA'S FORGOTTEN FORT AND A BOOK OF FREEDOM, THE CONFESSIONS OF FRANCISCO MENENDEZ, CAUSE THESE ARE OUR STORY. THEY'RE OUR STORY, THIS CITY'S STORY. HOW WONDERFUL IS IT THAT WE HAVE A COLLEGE IN THE HEART OF OUR CITY THAT THESE STUDENTS ARE GRAPPLING WITH OUR HISTORY, OUR CITY'S HISTORY AS PART OF THEIR EDUCATION. I KNEW I WAS GOING TO BREAK DOWN. I COULDN'T BE MORE PROUD OF WHAT WE DO TOGETHER AND TO BE A PART OF THAT ON THIS COMMISSION IN HIGHLIGHTING AND PROTECTING OUR HERITAGE, ALL OF OUR HERITAGE, AND MAKING THOSE STORIES KNOWN. I THANK THE COLLEGE FOR ALL OF ITS ENCOURAGEMENT AND FINANCIAL SUPPORT OF THIS ENDEAVOR. THE FILM FESTIVAL ITSELF BRINGS OUT LOTS OF PEOPLE, BUT I JUST WANTED TO REALLY HIGHLIGHT HOW WONDERFUL THAT WAS. I THINK COMMISSIONER GARRIS WOULD ECHO THAT. LASTLY, I WAS READING MY EMAIL TODAY, AND AN EMAIL CAME THROUGH FROM THE VISITOR CONVENTION BUREAU, THE VCB. THEY HAVE A NEW APP. BLACK HISTORY PEOPLE IN PLACES. IT'S COOL. HAS ANYBODY SEEN IT? DOWNLOAD IT. IT JUST CAME OUT, I GUESS, TODAY. THE EMAIL CAME OUT TODAY. JUST IN TIME FOR MARTIN LUTHER KING JUNIOR HOLIDAY COMING UP THIS WEEKEND AND NEXT WEEK. I HAVEN'T HAD TIME TO REALLY GO THROUGH IT, BUT IT'S GOT A LOT IN THERE, AND I ENCOURAGE ALL OF US LISTENING AND AROUND THIS TABLE AND IN THE AUDIENCE TO DOWNLOAD IT, BECAUSE IT'S COOL. IT'S REALLY GREAT THAT WE'RE EMPHASIZING THAT PART OF OUR HERITAGE. THAT'S ALL I HAVE FOR TONIGHT. THANK YOU, STAFF, AND MY FELLOW COMMISSIONERS. IT'S BEEN A HEFTY MEETING, BUT IT'S BEEN A GOOD ONE. >> WELL, WE JUST MADE UP FOR LAST TIME. THAT'S ALL. THANK YOU VERY MUCH. UNLESS THERE'S ANY OTHER FURTHER BUSINESS, WE ARE ADJOURNED. * This transcript was compiled from uncorrected Closed Captioning.