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[Call to Order]

[00:00:05]

>> GOOD EVENING EVERYBODY. >> WILL YOU PLEASE CALL THE

ROLL? >>

>> I'LL ASK IF THERE HAS BEEN ANY EX PARTE COMMUNICATION ON

[Item 2]

ANY OF THESE? >> NO.

I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND

JUSTICE FOR ALL. >> THANK YOU VERY MUCH.

THANK YOU ALL VERY MUCH FOR COMING TONIGHT.

IT MAKES A GREAT COMMUNITY WHEN WE HAVE SO MUCH COMMUNITY PARTICIPATION AND ALL THE MEMBERS VALUE THAT.

ALL THE MEMBERS ARE VOLUNTEERS. AT SOME POINT WE'VE BEEN COMMCOMMITAPPOINTED BY THE CITYN AND WE SERVE AT THE PLEASURE OF

[Additional Item]

OUR CITY COMMISSION. WE'D LIKE TO GET EVERYBODY SENATOR AS A GROUP IF WE CAN. IF YOU THINK YOU WOULD LIKE TO SPEAK AND CHANGE YOUR MIND, IT DOESN'T MATTER.

WE SWEAR EVERYBODY IN ALL THE TIME.

IF WE CAN GET EVERYBODY SWORN IN AS A GROUP, IT KEEPS THE MEETING MOVING ALONG QUITE NICELY. IF YOU CHANGE YOUR MIND, IF YOU DON'T GET SENATOR AND DECIDE LATER ON YOU WOULD LIKE TO SAY, YOU ARE WITHIN YOUR RIGHTS, YOU CAN RAISE YOUR HAND AND SAMANTHA WILL GET YOU SWORN IN. EVERYBODY THAT CAME HERE TONIGHT THAT WOULD LIKE TO SPEAK IS GOING TO HAVE A CHANCE TO SPEAK.

YOU CAN SPEAK MULTIPLE TIMES. IF YOU WOULD LIKE TO MAKE SOME SORT OF REBUTTAL IF YOU WOULD RAISE YOUR HAND AND WE'LL GET YOU TO THE PODIUM. WE ARE RECORDING THIS TONIGHT AUDIO AND VISUALLY. IF YOU WOULD LIKE TO SPEAK, PLEASE COME UP TO THE PODIUM. GIVE ME YOUR NAME AND ADDRESS.

IF YOU COME MULTIPLE TIMES, EVERY TIME THAT YOU COME UP GIVE US YOUR NAME AND YOUR ADDRESS. IT'S NOT THAT THE BOARD CAN'T KEEP UP WITH WHO YOU ARE, IT'S FOR THE RECORD.

YOU SEE THIS THE BOARD HAS COMPUTERS IN FRONT OF US AND YOU'LL SEE US LOOKING AT THOSE QUITE OFTEN.

WE DON'T HAVE ANY FURTHER INFORMATION OTHER THAN WHAT JACOB IS GOING TO GIVE US TONIGHT.

HE'S GOING TO HAVE MAYBE 20 PAGES UP THERE.

THE ONLY THING WE CAN DO IS SCROLL THROUGH AND ZOOM IN AND OUT ON THAT. TONIGHT WE'VE GOT TWO MEMBERS OF CITY STAFF WAS. SAMANTHA IS OUR SECRETARY.

SHE'S DOING A GREAT JOB KEEPING OUR RECORDS STRAIGHT.

THE BOARD APPRECIATES YOUR SERVICE AND MANY OF YOU KNOW MR. THERE ARE A LOT OF PEOPLE IN THAT DEPARTMENT THAT WORK BUT JACOB IS THE POINT PERSON ON THIS BOARD AND JACOB , THE BOARD VALUES WHAT YOU ARE DOING FOR US ON THERE.

TONIGHT WE HAVE OUR CITY ATTORNEY IS WITH US TONIGHT.

I WOULD LIKE TO ASK HER TO GO THROUGH A LITTLE BIT OF WHY WE DO WHAT WE DO. WHY THE MEETING IS SET UP LIKE THAT AND MORE IMPORTANTLY HOW THE VOTING WILL HAVE TO GO OR HOW AN APPEAL WOULD HAVE TO GO ON THAT.

WOULD YOU RUN US THROUGH APPELLEES?

>> TONIGHT WE HAVE TWO CASES ON THE AGENDA THAT WILL BE CONDUCTED AS QUASI JUDICIAL HEARINGS.

MR. PLAT IS GOING TO MAKE A PRESENTATION.

HE MAY CALL WITNESSES. I DON'T THINK HE HAS ANY TONIGHT FOR OUR CASES. NEXT THE APPLICANT AND OR THEIR AGENT WILL COME TO THE PODIUM. STATE YOUR NAME AND ADDRESS AND YOU WILL NOT BE LIMITED BY THE AMOUNT OF TIME YOU SPEAK.

YOU WILL INTRODUCE TESTIMONY INTO THE RECORD.

YOU ARE PERMITTED TO CALL WITNESSES AND BOTH THE CITY AND THE APPLICANT ARE ABLE TO CROSS-EXAMINE EACH OTHER AND EACH OTHER'S WITNESSES. IF THERE ARE AFFECTED PARTIES YOU ARE NOT LIMPID AMOUNT OF TIME YOU GET TO SPEAK.

AN AFFECTED PARTY JUST MEANS YOU ARE A RESIDENT.

YOU WILL SPEAK WITHOUT A TIME LIMITATION.

YOU WILL TAKE AN OATH BECAUSE YOU ARE SPEAKING WHICH MEANS YOU ARE PRESENTING TESTIMONY. IF YOU JUST WISH TO SAY I'M FOR OR AGAINST THE CASE WITHOUT MUCH MORE THAN THAT, YOU DON'T HAVE TO TAKE AN OATH. YOU CAN COME TO THE PODIUM AND SAY YOU ARE FOR OR AGAINST. ARE THERE ANY QUESTIONS ABOUT THAT SO FAR? WE HAVE FROM THIS HEARING THE OPPORTUNITY TO APPEAL THE QUASI JUDICIAL HEARING.

[00:05:03]

IF OUTWISH APPEAL THE CASE AFFECTED PARTIES WITHSTANDING AND THOSE RULES ARE UNDER FLORIDA STATE LAW.

THAT APPEAL HAS TO BE FILED WITHIN 30 DAYS OF THIS BOARD'S WRITTEN FINDINGS OF FACT. THOSE WRITTEN FINDINGS OF FACT ARE USUALLY SIGNED BY MR. MILLER THE CHAIR WITHIN THREE DAYS OF THE MEETING. IT'S ABOUT 33 DAYS FROM TODAY YOUR APPEAL PERIOD ENDS. TONIGHT THESE ARE VARIANCES THAT THE BOARD IS HEARING. IN ORDER TO APPROVE A VARIANCE UNDER THE CITY CODE, YOU HAVE TO HAVE TO APPROVE IT A VOTE OF FOUR OUT OF THE FIVE VOTING MEMBERS IN ORDER TO APPROVE A VARIANCE. IN ORDER TO DENY A VARIANCE OR VARIANCE REQUEST -- TO DENY AND THAT MOTION WOULD PASS.

THAT'S ALL I HAVE. THAT'S ALL I HAVE UNLESS THERE

ARE QUESTIONS. >> ANY QUESTIONS? THANK YOU. LET'S MAKE A NOTE ON THE RECORD WE'RE GOING TO SEAT MR. GLEASON. WE'RE GOING TO SEAT THAT ALTERNATE PLEASE. AND SAM, WILL YOU GET EVERYBODY

SWORN IN PLEASE? >> RAISE YOUR RIGHT HAND.

DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU ARE ABOUT TO GIVE WILL BE THE TRUTH, WHOLE TRUTH AND NOTHING BUT THE TRUTH.

>> I DO. >> THANK YOU ALL VERY MUCH.

[Item 3]

>> THE MINUTES FROM LAST MEETING, HAS EVERYBODY HA H A

CHANCE TO LOOK AT THOSE? >> MOVE TO APPROVE.

>> I'LL SECOND. >> I GOT A FIRST AND SECOND.

WILL YOU CALL THE VOTE?

>> YES,. >> YES,.

>> YES,. >> YES, YES.

>> IN THE INTEREST OF TIME IT WOULD SEEM REASONABLE THAT WE WOULD FLIP FLOP THESE TWO CASES AND HEAR THE AIRPORT HANGER FIRST IN THE INTEREST OF TIME SO THEY CAN GET IN AND OUT ON THAT.

I BELIEVE WE SPOKE AND EVERYBODY IS GOOD WITH THAT.

>> WE'RE GOOD WITH THAT. >> ARE YOU GOOD WITH THAT?

>> YES. >> THEN JACOB WILL YOU RUN DOWN

THAT FOR US PLEASE? >> WE'LL GO TO ITEM 4.2 WHICH IS

[Item 4.2]

BOARD OF ADJUSTMENT CASE 2019-3. THIS IS PROPERTY WITH PROPROPOSED LEASE AGREEMENT WITH SOUTH SHORE CRE REPRESENTED TONIGHT. PROPERTY IS OFF OF AIRPORT ROAD.

AND CURRENT TIME HAS THE AIRPORT PARCEL NUMBER.

THE VARIANCE REQUEST TONIGHT IS FROM LAND DEVELOPMENT CODE STANDARDS FOR DEVELOPMENT IN THE AIRPORT OVERLAY.

PARTICULAR THINK ARCHITECTURE AND BUILDING DESIGN STANDARDS FOR DEVELOPMENT ON THE AIRPORT WHICH ARE REFERENCED IN THE LAND DEVELOPMENT CODE. SPECIFICALLY WE'RE TALK ABOUT TONIGHT A SET BACK THE MINIMUM BUILDING SETBACK FOR BUILDINGS LOCATED ON THESE PARCELS ON LEASE SITES SHALL BE 25 FEET FROM ANY ADJACENT BOUND E BOUNDARY.

THE PROPERTY IS CURRENTLY ZONED HIGH A WITH INDUSTRIAL LAND USE CATEGORY AND THERE ARE OTHER USES OBVIOUSLY SURROUNDING THE PROPERTY. FOR THE RECORD ALL APPLICATION MATERIALS HAVE BEEN RECEIVED AND FEES PAID.

REQUESTED ACTION IS TO REDUCE BUILDING SETBACK FROM 25 FEET TO 7 FEET ON THE NORTH AND WEST SIDE OF THE BUILDING.

DURING THE PREAPPLICATION DISCUSSION WITH THE CITY'S TECHNICAL REVIEW COMMITTEE A 12-INCH MAIN WAS IDENTIFIED ON THE WEST SIDE. PROPOSAL PRO-- PROPOSAL SEEKS TO REDUCE ADVERSE IMPACTS TO THE EXISTING WATER MAIN AS RECOMMENDED BY THE CITY'S UTILITY DEPARTMENT AND WORK WITHIN THE EXISTING DRY POND TO THE NORTH OF THE PROPOSED BUILDING. 25-FOOT BUILDING SET BACK IN DESIGN STANDARDS APPEARS TO SUPPORT 50-FOOT AREA SEPARATION FROM BUILDING. THE APPLICANTS PROPOSE A MEANS OF HIGHER PROTECTION ALLOWED BY NFPA WHERE REQUIREMENTS CANNOT BE MET. IT DOES GO BEFORE THE AIRPORT

[00:10:03]

ADVISORY COMMISSION AND HAS BEEN REVIEWED BY OUR AIRPORT DIRECTOR AND THE COMMISSION RECOMMENDED APPROVAL FOR THE PROPOSAL AT THEIR NOVEMBER 14TH REGULAR MEETING.

TO GET TO THE SIX CRITERIA FOR GRANTING A VARIANCE, THERE IS A SPECIAL CONDITION AN EXISTING 1H THE SITE WHICH IS IDENTIFIED DURING THE CITY'S TECHNICAL REVIEW COMMITTEE PROCESS.

REDUCTION IN BUILDING SET BACK IS SOUTH TO REDUCE IMPACTS TO THAT WATER MAIN AND WORK WITH THE EXISTING DRY POND THERE TO

THE NORTH OF THE BUILDING. >>> VARIANCE DOES NOT CONFER EXISTING PRIVILEGE.

THE APPLICANT PROPOSED FIREWALL TO MEET PROTECTION AS ALLOWED BY THAT CODE. YES THE LITERAL INTERPRETATION OF THE CODE WOULD DEPRIVE THE APPLICANT OF RIGHTS.

THE SET BACK IS INTENDED TO PROVIDE PROTECTING AREA BETWEEN HANGERS. THE SITE PLAN WAS ALSO REVIEWED AND APPROVED BY THE AIRPORT ADVISORY COMMISSION AT THEIR NOVEMBER 14TH, 2019 REGULAR MEETING.

YES , THE REQUEST ALOUSE FOR REASONABLE CONSTRUCTION OF HANGERS CONSISTENT WITH THE AIRPORT'S MASTER PLAN AND THE AIRPORT PLAN AS APPROVED. YES THE SITE PLAN HAS BEEN REVIEWED AND APPROVED BY THE AAC FOR CONSISTENCY WITH THE MASTER PLAN AND AIRPORT PLAN. THE BUILDING SEPARATION WILL BE SATISFIED AS ALLOWED BY BUILDING CODE AND FIRE PROTECTION CODE.

REDUCING THE BUILDING SET BACK ON THE NORTH AND WEST SIDE WILL NOT CAUSE INJURY TO AREA INVOLVED OR OTHERWISE BE DETRIMENTAL TO THE PUBLIC HEALTH, SAFETY, WELFARE OR ENVIRONMENT. BECAUSE WE'RE ABLE TO MEET ALL SIX OF THE CRITERIA STAFF RECOMMENDED APPROVAL OF THIS VARIANCE REQUEST WHICH IS CONSISTENT WITH THE AC'S APPROVAL AND CONSISTENT WITH OUR SIX CRITERIA FOR REVIEWING A VARIANCE. I'M HAPPY TO ANSWER ANY QUESTIONS OF THE BOARD IF THEY HAVE ANY BEFORE THE APPLICANT

SPEAKS. >> MAYBE YOU MENTIONED THIS AND I DIDN'T PICK IT UP, ARE THE NOTICES UP TO DATE ENTER.

>> ALL THE NOTICES WERE POSTED AND MAILED, YES, SIR.

>> DOES BOARD HAVE ANY QUESTIONS FOR CITY STAFF?

>> I HAVE ONE. DID THE FIRE MARSHALL ALREADY

CONCUR? >> THE FIRE MARTIALISTS ON THE TECHNICAL REVIEW COMMITTEE AND HE WILL BE INVOLVED IN THAT REVIEW. IT'S MY UNDERSTANDING THAT THERE HAVE BEEN DISCUSSIONS TAKING PLACE, YES, SIR.

>> WERE THERE ANY SIGNS PUT UP ON THE PROPERTY OUT THERE?

>> THERE WAS A SIGN POSTED. >> WHERE THE PUBLIC COULD SEE

IT? >> AT THE GATE LOCATION.

>> IF WE DID APPROVE THIS VARIANCE, IT WOULD STILL GO BACK THROUGH TRC AND COME TO THE FIRE MARSHALL AGAIN?

>> YES IT'S BEEN IN TRC REVIEW AND THOSE DISCUSSIONS HAVE

ALREADY TAKEN PLACE. >> YOU FEEL CONFIDENT IN THAT OK. ALL RIGHT.

THE APPLICANT LIKE TO SPEAK? >> YOU DON'T HAVE TO BUT IF YOU

WOULD LIKE TO YOU CAN. >> THERE IS REALLY NOTHING FOR

ME TO ADD. >> IF YOU DON'T MIND.

>> THERE IS ONE SMALL ITEM. >> CHRISTOPHER.

I REPRESENT THE OWNER. JUST ONE THING ON THE EAST SIDE YOU REFER TO ON THE WEST AS FAR AS THE VARIANCE GOES.

>> IT IS THANK YOU. THAT IS A VERY IMPORTANT DETAIL.

THANK YOU. >> ANY OTHER QUESTIONS I'LL BE

HAPPY TO ANSWER. >> JACOB IS OUR PAPERWORK RIGHT

AND YOU MISSPOKE? >> I JUST REFERRED TO IT AS THE WEST SIDE. THANK YOU CHRIS.

>> ANY QUESTIONS FOR HIM FROM THE BOARD?

>> I JUST HAVE A QUESTION. WHY WOULDN'T IT BE APPROVED FROM THE TECHNICAL REVIEW BOARD FIRST BEFORE COMING HERE?

[00:15:05]

>> WE CAN'T APPROVE. THERE IS A SETBACK REQUIREMENT.

SO AS PART OF THE REVIEW WE COULDN'T APPROVE IT ABSENT THAT.

>> IT'S UNUSUAL TO SEE THEM WHERE THEY ARE ALL YES ON THOSE.

>> THANK YOU VERY MUCH. >> THANK YOU SIR.

>> THERE BEING NO COMMENTS FROM THE APPLICANT WE'RE QUITE LIMITED WE'LL MOVE ON TO THE PUBLIC INPUT.

IS THERE THERE ANYBODY THAT WOULD LIKE TO SPEAK FOR OR AGAINST THAT OR HAVE ANY COMMENT ON THAT?

>> SO WE'LL CLOSE OUT THE PUBLIC COMMENT ON THAT.

ANY BOARD DISCUSSION ON THAT? REQUIRES ANY SPRINKLING IN THE

BUILDING DUE TO THE PROXIMITY? >> THE THREE HOUR FIRE BARRIER PROPOSING ON THE EAST SIDE OF THE BUILDING WILL SUFFICE.

>> I'D JUST ADD WHILE IT'S REVIEWED AND SITE PLAN REVIEW, THEY HAVE TO SUBMIT TO PERMIT IT AND THAT WILL BE REVIEWED AGAIN.

>> AND ALSO THE BUILDING DOESN'T NEED TO BE SPRINKLED BECAUSE OF ITS SIZE AND TYPE OF CONSTRUCTION.

>> METAL BUILDING? >> YES, TYPE TWO.

>> ANY OTHER QUESTIONS FROM THE BOARD?

>> WHAT ARE THE ADVERSE AFFECTS TO THE WATER MAIN IF YOU DON'T

GET THIS VARIANCE? >> WE'RE ACTUALLY STILL HAVE TO MOVE A PORTION OF THE WATER MAIN BECAUSE IT'S STILL WITHIN 7 AND A HALF FEET FROM THE BUILDING WHICH WE DON'T WANT THE WATER MAIN WITHIN THAT AREA. WE ARE ALREADY PROPOSING WITHIN THE T RC RESUBMITLE PACKAGE RELOCATING PART BECAUSE WE DID A GEO SCAN OF THE SITE LOCATING ALL UNDER GROUND OBSTRUCTIONS.

WE DO HAVE TO MODIFY A PORTION OF THE PIPE BUT NOT THE ENTIRE PIPE, JUST WHERE THE PIPE TURNS BACK IN TOWARDS THE SITE WE'RE

DEVELOPING. >> WHAT WOULD BE THE ADVERSE IMPACT IF THE WATER LINE WAS THAT CLOSE TO THE BUILDING?

>> ONLY ADVERSE IMPACT IF THE PIPE TOP BURST OR CRACK UNDER MINE THE FOUNDATION IF IT'S TOO CLOSE BECAUSE IT'S A 12-INCH WATER MAIN AND IT WILL BE A LOT OF PRESSURE.

IT'S MUCH BETTER TO KEEP THE BUILDING AT LEAST -- WE'RE

MAKING IT ABOUT 10 FEET AWAY. >> ANYTHING ELSE?

>> ANYBODY ELSE? >> THANK YOU SIR.

>> THANK YOU VERY MUCH. >> SOMEBODY WANT TO MAKE A

MOTION? >> I'LL MAKE A MOTION.

>> PLEASE DO. >> I MOVE TO APPROVE BLA CASE NUMBER 2019-13 AND I MOVE THAT THE BLA MAKE THE FOLLOWING FINDINGS OF FACT AND CONCLUSION OF RECORD.

THAT THE CASE AS PRESENTED IS THE SUBSTANTIAL WITH THE COMPREHENSIVE PLAN AND DEVELOPMENT CODE TO WARRANT APPROVAL AT THIS TIME AND BLA CASE NUMBER 2019-13 MEETS THE FOLLOWING CRITERIA FOR GRANTING VARIANCE.

AND THE REASONS FOR MY FINDINGS ARE IT MEETS ALL THE SIX CRITERIA FOR GRANTING A VARIANCE.

>> THANK YOU. >> I NEED A SECOND.

>> I'LL SECOND. >> WILL YOU CALL THE ROLL.

>> YES. >> YES.

>> YES. >> YES.

>> YES. >> AND I WILL SAY THAT IS EXACTLY WHY THIS BOARD EXISTS AND WHY THE CITY COMMISSION SET THAT UP. THERE IS NO NEED TO GET INTO MOVING THAT WATER LINE OR ANYTHING LIKE THAT.

IT DOESN'T MAKE ANY SENSE. SO YOU ARE APROVED AND IF YOU'LL GIVE JACOB A FEW DAYS HE'LL HAVE THE PAPERWORK READY FOR YOU.

>> APPRECIATE IT. THANK YOU.

>> THANK YOU SIR. >> WE'LL MOVE ALONG TO THE NEXT

[00:20:01]

CASE IF YOU ARE READY JACOB. >> MOVING ON TO ITEM 4.1.

[Item 4.1]

THIS BOARD OF ADJUSTMENT CASE 2019-12.

PROPERTY IS WEST ROCK CPLLC. PROPERTY IS LOCATED AT 600 NORTH 8 STREET. TONIGHT REQUESTED ACTION IS A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 3.03.03B REGARDING BUFFERING REQUIREMENTS ADJACENT TO WETLAND AND NATURAL WATER BODIES. IT STATES ALL NEW DEVELOPMENT AND REDEVELOPMENT ADJACENT TO WATER BODIES SHALL BE REQUIRED AT LEAST 25 FEET WIDE AROUND WETLAND AND 150 FEET FROM NATURAL WATER BODIES TO PREVENT EROSION, WATER RUNOFF AND E AND PROVIDE AREAS FOR HABITAT. ALL NEW CONSTRUCTION -- REQUIRED BUFFERS ESTABLISHED BY THIS SECTION.

ALSO SET BACK SHALL BE REQUIRED FOR ANY DEVELOPMENT EXCEPT PEERS OR DOCKS. THE PROPERTY LOCATED AT 600 NORTH 9TH STREET HAS AN I2 ZONING AND INDUSTRIAL LAND USE.

EXISTING USE MANUFACTURING USE. AS PART OF THE RECORD ALL THE REQUIRED APPLICATION MATERIALS HAVE BEEN RECEIVED.

ALL FEES HAVE BEEN PAID AND ALL REQUIRED NOTICES HAVE BEEN MADE.

IN SUMMARY THE WEST ROCK MILL PERMITTED A RECLAIM SYSTEM IN 2018. AS REQUIRED COORDINATED WITH WETLAND DELLEN NATION WITH THE ARMY CORP OF ENGINEERS AND ENVIRONMENTAL DEPARTMENT OF PROTECTION AND WATER MANAGEMENT.

WHILE THE CITY'S LAND DEVELOPMENT CODE REQUIRES 25-FOOT WETLAND BUFFER ZONE OF NATIVE VEGETATION AS COMPARED TO THE ST. JOHN'S WATER MANAGEMENT DISTRICT 25-FOOT AVERAGE WITH A 15-FOOT MINIMUM. KEY COMPONENT IS RETAINING WALL SUPPORTING THE USE TO BUILD. IT ENSURES THE STORMWATER IS CONTAINED ON SITE PREVENTING RUNOFF INTO THE WETLAND.

THE RETAINING WALL HAS BEEN BUILT WITHIN THE CITY WETLAND ZONE RESULTING IN THE NEED FOR THE VARIANCE.

I'VE HIGHLIGHTED POLICIES AND DEFINITIONS IN THE CITY'S LAND DEVELOPMENT CODE RELATING TO WETLAND, BUFFERS AND ALL OF THOSE ASSOCIATED OBJECTIVES AND POLICIES.

AND I WANT TO REITERATE THIS IS NOT FILLING OF WETLAND BUT A WETLAND BUFFER REQUEST. GET INTO THE SIX CRITERIA.

THERE ARE SPECIAL CONDITIONS. THE MILL WAS ERECTED IN 1938 AND CONSTRUCTION OF THE NEW CHIP STACKER WAS DESIGNED THAT SUPPORTS THE MODERN DAY OPERATION OF THE MILL.

ST. JOHN'S RIVER MANAGEMENT DISTRICT ALLOWS FOR 25 FOOL AVERAGE BUFFER WITH 15 MINIMUM REQUIREMENT WHICH IS DESIGN MEETS. POLICY STATES THAT BUFFERS SHALL ENSURE EXISTING VEGETATION IS NOT DISTURBED BUT WHERE REQUIRED APPROPRIATE NATIVE ADVANTAGE VEGETATION SHALL BE USED.

WEST ROCK HAS A PLANTING PLAN WHICH ARE L ESTABLISH A 25 BUFFER ZONE OF NATIVE VEGETATION IN CONJUNCTION WITH THE RETAINING WALL. WHILE THE ST. JOHN RIVER WATER MANAGEMENT DISTRICT ALLOWS FOR AN AVERAGE BUFF TER CITY CODE REQUIRES A CONSISTENT 25 FOOL BUFFER FROM A DELLEN NATEED WETLANDS WITH EXCEPTIONS FOR DOCKS AND PEERS WITH APPROVALS.

OUR INTERPRETATION OF CODE WOULD NOT DEFY LANDOWNER OF RIGHTS.

CLEARLY SHOW THE RETAINING WALL AND DID NOT INCLUDE A WETLAND DELLEN NATION. CONSIDERATION SHOULD BE GIVEN TO THE BUFFER DEFINITION WHICH STATES A LANDSCAPED AREA WHICH MAY INCLUDE WALLS, FENCES, BERMS, TREES, SHRUBS, COVER AND OTHER PLANT MATERIAL. HOWEVER THE CITY ALSO DEFINES WET LAND BUFFER ZONE MEANING THE JURISDICTIONAL WET LAN WITHIN 2D BOUNDARY. WE DO NOT SPECIFICALLY DEFINE

[00:25:02]

WETLAND BUFFER OR WET LAND BUFFER ZONES.

WE DEFINE BUFFER AND WET LAND PROTECTION ZONE.

YES , THE REQUEST VARIANCE THE MINIMUM VARIANCE NEEDED TO MAKE POSSIBLE THIS AFTER THE FACT DEVIATION FROM OUR CODE.

THE REQUESTED VARIANCE RECOGNIZE THE UNIQUE CIRCUMSTANCE WITH OPERATION OF A MILL FACILITY. THE CITY'S LAND DEVELOPMENT CODE DOES NOT SPECIFICALLY DEFINE A WETLAND BUFFER.

BUFFER IN THE PLAN IS DEFINED AS LAND AREA AND LANDSCAPING PROVIDING TO SEPARATE A USE WHICH MAY HAVE A NEGATIVE IMPACT ON ADJACENT USE OR NATURAL RESOURCE.

I HIGHLIGHT THAT BECAUSE DEFINITION IN THE COMP PLAN SAYS BUFFERS YOU HAVE BUFFERS FOR LAND USE BUFFERS BUT THERE IS ALSO NATURAL RESOURCE BUFFERS. AND IN THAT SAME DEFINITION IT STATES THAT BUFFERS MAY INCLUDE PHYSICAL BARRIERS SUCH AS EDGE VEGETATIVE BERMS, HEDGES, LANDSCAPE COVERS, WALLS AN FENCES. GENERAL HARMONY WITH THE INTENT OF THE CODE AND COMPREHENSIVE PLAN.

NO, IT WILL NOT BE DIRECTS DEVELOPMENT AWAY FROM WETLANDS SUPPORTING POLICIES TO DO SO THROUGH WETLAND BUFFERS WHICH ARE IMPLEMENTED INTO THE LAND DEVELOPMENT CODE. CITY DEFINED WETLAND PROTECTION IS THAT THE LAND -- THE CITY DEFINED WETLAND PROTECTION ZONE IS THAT LAND AREA WITHIN 25 FEET OF A WETLAND BOUNDARY.

PUBLIC INTEREST. GRANTING THE VARIANCE -- MODERNIZE ITS FACILITY COMPATIBLE WITH THE EXISTING OPERATION. A HARD 25-FOOT BUFFER IS REQUIRED BY THE LAND DEVELOPMENT CODE THE PROJECT DOES COMPLY WITH ST. JOHN'S RIVER MANAGEMENT DISTRICT AVERAGE BUFFER REQUIREMENTS. AS REQUIRED BY THE ST. JOHN'S RIVER WATER MANAGEMENT DISTRICT IT APPEARS TO BE CONSISTENT THE PERMITTING GUIDANCE AND WILL NOT ADVERSELY IMPACT THE WETLANDS.

ALSO WEST ROCK PROPOSED TO RE-ESTABLISH THE 25 FEET BUFFER ZONE WITH NATIVE VEGETATION AT THEIR EXPENSE.

SO LOOKING AT THE SIX CRITERIA THE APPLICANT APPEARS TO MEET CRITERIA ONE, FOUR, SIX, IT DOES NOT MEET TWO, THREE, OR FIVE AND THEREFORE STAFF MUST RECOMMEND DENIAL.

I WOULD LIKE TO ADD ALTHOUGH THIS IS AN AFTER THE FACT VARIANCE WHICH STAFF RECOMMENDED DENIAL.

THE BOARD MAY WISH TO CONSIDER WETLAND BUFFER IS NOT CLEARLY DEFINED IN THE COMPREHENSIVE PLAN.

BUFFER IS DEFINED IN THE COMPREHENSIVE PLAN AS LAND AREA AND LANDSCAPING PROVIDED TO SEPARATE A USE WHICH MAY HAVE A NEGATIVE IMPACT ON ADJACENT USE OR NATURAL RESOURCE.

BUFFERS MAY INCLUDE PHYSICAL BARRIERS, VEGETATIVE BERM, WALLS, FENCES AND LAND AREA WITH DENSE VEGETATION.

THAT'S MY STAFF PRESENTATION. I'M HAPPY TO ANSWER ANY

QUESTIONS OF THE BOARD. >> THANK YOU JACOB.

>> I'M SURE THERE IS A LOT OF QUESTIONS.

>> SO I THIS ON THE PROPERTY APPRAISER WEBSITE AND I SEE IT BEFORE AND I SEE IT ON GOOGLE AND I SEE IT AFTER.

THIS HAS BEEN THROUGH PERMITTING THROUGH THE CITY.

>> IT RECEIVED A 2018 FOR THE CHIP STACKER YES, SIR.

>> >> IS IT MY UNDERSTANDING THAT THE CITY MISSED THIS DURING REVIEW?

>> THERE SHOULD HAVE BEEN ADDITIONAL QUESTIONS ASKED WHICH WERE NOT. THE PLANS DID NOT CLEARLY SHOW OR DID NOT PROVIDE A WETLAND DELLEN NATION OR A BUFFER AND A WALL IS VAGUELY REFERENCED ON THE PLANS THAT WERE SUBMITTED TO THE CITY FOR BUILDING PERMIT. QUESTIONS COULD HAVE BEEN AND SHOULD HAVE BEEN ASKED GIVEN THE LOCATION.

FOR WHATEVER REASON THEY WEREN'T AND THE PERMIT WAS ISSUED FOR THE CHIP STACKER. AND A WALL REFERENCED ON THOSE

PLANS. >> SINCE THE 2018 WHEN THIS STARTED, IS THAT PERMIT THEN CLOSED OUT AND AS FAR AS THE

[00:30:04]

CITY IS CONCERNED THAT JOB IS COMPLETE?

>> THAT IS A GOOD QUESTION. AND THE APPLICANT MAY BE ABLE TO SPEAK TO THAT. I'D HAVE TO DO A -- THE PERMIT WAS ISSUED. THERE WERE INSPECTION.

DON'T KNOW IF IT WAS CLOSED OUT OR NOT.

I BELIEVE IT WAS. AS FAR AS THE BUILDING PERMIT

GOES. >> SO WHEN DID THIS FIRST -- I WON'T SAY WHEN DID SOMEONE NOTICE IT.

WHAT WAS THE FIRST INDICATION THAT WE HAD A PROBLEM?

>> I'M PAUSING BECAUSE I'M THINKING BACK.

THIS HAS BEEN GOING BACK QUITE A FEW MONTHS NOW.

AND I DON'T KNOW. I CAN'T RECALL OFF THE TOP OF MY HEAD NOW WHEN IT WAS SPECIFICALLY IDENTIFIED AS A PROBLEM. THERE WERE -- IT'S CLEARLY VISIBLE THROUGH THE PROPERTY APPRAISER'S AERIAL IMAGERY.

THERE WERE AROUND THE TIME OF THIS CHIP STACKER THERE WERE SOME VARIOUS TENANTS AND OTHER MILL RELATED PROJECTS THAT WERE BEING PERMITTED AT THE SAME TIME.

SHORTLY THERE AFTER A DROP YARD PERMIT IS BEING REVIEWED TO TECHNICAL REVIEW COMMITTEE. IT WAS IN THAT REVIEW AND DISCUSSION AND LOOKING AT DIFFERENT THINGS ON THAT PROPERTY THAT SOMEHOW IT WAS RAISED AND BROUGHT TO THE ATTENTION. AND I HOPETA THE APPLICANT CAN

HELP CLARIFY MY MEMORY ON THAT. >> IT WAS BROUGHT TO THE ATTENTION OF THE CITY MANAGER BY A CITIZEN LAST YEAR IN 2019.

>> WELL HE COULD SPEAK. >> HE'S NOT SENATOR AND HE'S A CITY COMMISSIONER. DO YOU WANT HIM TO TESTIFY.

IF YOU WANT HIM TO TAKE AN OATH AND TESTIFY.

>> HE'S STILL A CITIZEN. HE COULD SPEAK DURING THE PUBLIC PORTION COULDN'T HE IF HE WAS SENATOR.

SWORN IN. >> LET'S GO BACK UP TO THE FIRST PAGE OF YOUR STAFF REPORT JACOB. AND I'M NOT LOOKING TO PUT YOU ON THE SPOT OR TO ASK YOU TO -- I KNOW YOU HAVE SO MANY THINGS GOING ON. SO THEY COME IN IN 2018 AND

APPLY FOR THIS PERMIT? >> THEY DID.

>> AND WE ISSUED THE PERMIT ACCORDING TO THE CITY WE MET ALL THE GUIDELINES, THEY MET ALL THE GUIDELINES, HERE IS YOUR PERMIT

GO BUILD IT? >> THE PERMIT WAS ISSUED FROM

THE CITY. >> AND SO IS THE REAL ISSUE IN THE 25 FEET WHERE WE ARE MEASURING THAT FROM.

>> DOES IT MEET THE 15-FOOT MINIMUM REQUIREMENT?

>> IT DOES. >> UNDER CONSTRUCTION THAT IS A WATER RELATED USE WITHIN THE CRA AND IW ZONING IS EXEMPT.

CAN YOU GIVE AN EXAMPLE OF WHAT WOULD QUALIFY AS AN EXCEPTION

THERE? >> THOSE CRA ZONED PROPERTIES ARE ALONG THE CITY'S WATER FRONT.

THE SMELL ALONG THE WATER FRONT. IT'S NOT WITHIN THE CRA.

I2 ZONED PIECE OF PROPERTY. THE REASON I'M ASKING THIS I'M

[00:35:17]

CURIOUS IF WE CAN QUANTIFY NUMBER OF TIMES WE'RE OUT OF COMPLIANCE. IF IT'S TWO OF THE 22 TIMES INDICATED AS SPOTS ON THIS DRAWING OR IF IT'S 10.

TO WHAT LEVEL ARE WE OUT IS WHAT I'M TRYING TO UNDERSTAND.

IS THE ENTIRE PORTION THAT IS LESS THAN 25 FEET FROM THAT DELLEN NATEED WETLAND. I SEE THE GRAPHIC SCALE ON THERE AND I CAN EYE BALL THAT MOST OF IT IS GREATER THAN 25 FEET FROM THIS YELLOW LINE. BUT I'M SEEING PERHAPS 15, 14 AND 13 ARE PRETTY DARN CLOSE, MAYBE 16.

>> IS AT THIS TIME BOTTOM IF YOU TAKE THAT IT'S ABOUT ASSENT METER. A

CENTIMETER. >> WHAT IS THE SHADED AREA THAN

DRAWING? >> THAT'S THE AVERAGE BUFFER.

>> WHAT DOES YELLOW LINE REPRESENT THEN APPROXIMATE.

>> THAT'S THE I DELYNN NATEED WETLAND.

THE DELINEATED WETLAND IS SET BY WHO?

>> THE DEP. >> I'LL LET THE APPLICANT SPEAK TIE LOT OF THIS STUFF. SO THIS IS WHY THE APPLICANT NEEDS TO SPEAK TO. THIS I'M NOT AN EXPERT HOW WETLANDS ARE DELINEATED. AND ARMY CORP OF ENGINEERS.

>> THAT'S NOT IN DISPUTE IS THIS.

>> NO. >> I HAVE MY LIGHT ON JUST BECAUSE FOR THE RECORD THIS IS ALL PART OF THE AGENDA PACKET.

BUT I THINK IT WOULD BE HELPFUL IF JACOB WAS ABLE TO SAY I THINK SOME OF THESE DOCUMENTS WERE PRESENTED BY THE APPLICANT AND THAT IS WHERE YOUR QUESTIONS ON THESE PICTURES SHOULD GO TO.

>> WE'LL GET INTO THAT. BACK TO COMMISSIONER ROSS --

>> HE'S A CITIZEN. THERE IS NOTHING WRONG WITH IT.

THERE IS NO APPEAL TO THE CITY COMMISSION OR ANYTHING LIKE THAT. HE COULD TAKE AN OATH AND

TESTIFY. >> HE WOULD BE ELECTED BY THE

CITIZENS SO HE WOULD -- >> HE'S A CITIZEN.

IF HE HAS EVIDENCE AND SOMETHING HELPFUL, THAT'S FINE.

>> RAISE YOUR HAND. DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU ARE ABOUT TO GIVE WILL BE THE TRUTH, WHOLE TRUTH

AND NOTHING BUT THE TRUTH. >> FIRST OF ALL THIS IS MY RECOLLECTION SO I HAVEN'T LOOKED AT ANY DOCUMENTS AND REFRESHED MY MEMORY. BUT MY RECOLLECTION IS THAT WE WERE LOOKING AT AERIAL PHOTOGRAPHS FOR SOMETHING ELSE.

THEY BEING MYSELF, MY WIFE AND WE NOTICED THAT THERE WAS A CHIP STACKER THERE AND HAD NOT BEEN THERE PREVIOUSLY IF YOU GO BACK IN TIME OVER THE YEARS. SO I WAS CURIOUS IF THEY HAD PULLED A BUILDING PERMIT. AND WE WENT AND PULLED THE PERMIT AND THEN LOOKED FOR THE WETLAND BUFFER AND I DID LYNN NATION AND NOTICED IT WAS NOT CORRECT.

[00:40:04]

I BROUGHT IT UP TO THE CITY. WE NOTICED THERE WAS A CHIP STACKER THERE AND BROUGHT IT UP DID IT MEET THE BUFF SENATOR.

>> DO YOU REMEMBER WHEN THAT WAS?

>> WAS IT IN THE YEAR 2019. >> IT WAS EITHER 2018 OR 2019.

I DON'T REMEMBER. I REALLY DON'T.

>> A LOT OF THINGS HAVE HAPPENED SINCE THEN.

>> YES, SIR, THEY SURE HAVE. >> BUT I BROUGHT IT UP.

I DON'T REMEMBER. IT COULD HAVE BEEN WITH THE CITY MANAGER OR WITH THE PLANNING DEPARTMENT, I DON'T REMEMBER.

BUT I ROUTINELY BRING UP THINGS. THIS IS NOT THE FIRST TIME I'VE DONE THIS. I'VE DONE THIS WITH MULTIPLE OTHER THINGS. I NOTICE SOMETHING AND SAY WHAT HAPPENED. BECAUSE I THINK THAT'S MY ROLE.

ONE OF THE THINGS I DO TO MAKE SURE THAT THE LAWS ARE FOLLOWED.

>> YES, SIR. >> ANY QUESTIONS?

>> NO, SIR. THANK YOU.

>> BUT WE'RE STILL NOT SURE IF THAT BUILDING PERMIT HAS BEEN CLOSED OUT AND IF WE DID THE BUILDING INSPECTIONS.

>> I'M FAIRLY CERTAIN IT'S CLOSED OUT.

>> WE HAVE SENT ONE OF THE INSPECTORS OUT TO THE SITE AND CHECK THAT AND SIGN IT OFF, HOW WOULD THAT WORK?

>> I WANT TO EMPHASIZE IF WHEN I SAY FAIRLY CERTAIN WHY THAT WAS NOT WHAT I WAS FOCUSING ON. YES THERE WAS A BUILDING PERMIT ISSUED AN YEAH THERE WERE INSPECTIONS DONE.

BUT I DON'T KNOW THAT THAT CHANGES WE'RE TALKING ABOUT WITH THAT BUFFER IF WHAT WAS SUBMITTED TO THE CITY LACKED A LOT OF DETAIL. AND THE APPLICANT CAN SPEAK TO OTHER STUFF THAT WAS PROVIDED. I DON'T KNOW WHAT INSPECTIONS THE BUILDING DEPARTMENT DID. I KNOW THERE WAS A PERMIT ISSUED AND IT WAS CONSTRUCTED AND THERE WERE -- SO.

>> OK. I GOT YOU.

DOES ANYBODY HAVE QUESTIONS FOR JACOB BEFORE WE HEAR FROM THE

APPLICANT? >> ALL RIGHT.

>> THANK YOU. GOOD EVENING.

I'M A LAWYER. I REPRESENT WEST ROCK.

I'M ALSO A RESIDENT. I'VE LIVED HERE ALL MY LIFE.

MAY DRESS IS 2040 OAK MARSH DRIVE.

WE HAVE JUST A GOOD OLD FASHIONED NOTEBOOK FOR YOU THAT HAS THE MATERIALS THAT HOPEFULLY WE CAN WALK YOU THROUGH AND WE'LL SHOW YOU WHAT IT IS, WHAT HAS HAPPENED AND CAN ANSWER A LOT OF THE QUESTIONS THAT YOU ARE ASKING.

SO MY COLLEAGUE WILL GIVE EVERYBODY A COPY OF THE

NOTEBOOK. >> I JUST ASK QUIETLY BUT WE ALWAYS MAKE SURE THE CITY DOESN'T HAVE OBJECTIONS.

AND JACOB DOESN'T HAVE ANY OBJECTIONS.

>> NO DIFFERENCE BETWEEN BLACK COVERS AND WHITE COVERS AS FAR

AS I KNOW. >> THANK YOU.

HOPEFULLY I WILL COVER IN IT ALL THE QUESTIONS THAT MIGHT BE ASKED. I NOTICE QUASI JUDICIAL.

IN COURT I WOULD OFFER THIS INTO EVIDENCE AND MAKE IT PART OF THE RECORD SO I CAN TALK ABOUT IT. LET'S GO -- AND JUST FOR THE RECORD I'LL SAY BEFORE I SAID THERE IS NO OBJECTION FROM CITY STAFF AND THE CITY FOR THIS NOTEBOOK.

LET ME START BY SAYING I'M A LAWYER AND I'VE BEEN TRYING CASES AROUND HERE FOR ABOUT 40 YEARS.

IT MAY BE THAT I HAVE SAID OR DONE SOMETHING THAT MAKES SOMEBODY MAD. DO I THAT.

SO I'LL SAY IF I'VE SAID OR DONE ANYTHING THAT MAKES YOU ANGRY,

[00:45:01]

BLAME IT ON ME, PLEASE DON'T BLAME IT ON MY CLIENT.

HAD LUNCH WITH MY WIFE TODAY AND SHE'S A RETIRED SCHOOLTEACHER.

SHE SAID PLEASE DON'T MAKE PEOPLE MAD.

I TOLD HER THAT I WOULD NOT. I PROMISED HER.

SO Y'ALL HELP ME AVOID THAT. I DON'T THINK THIS IS SOMETHING THAT SHOULD CAUSE ANYBODY TO BE ANGRY.

WHILE WE ALL MAY DIFFER ON THE PARTICULARS, I THINK WE ARE ALL INTERESTED IN THE BEST INTEREST OF OUR COMMUNITY.

AND I THINK WE CAN ALL AGREE THAT PROTECTING OUR LOCAL ENVIRONMENT ESPECIALLY THE WETLANDS AROUND THIS ISLAND ARE SOMETHING WE CAN ALL AGREE ON. I THINK IF YOU WILL LOOK AT WHAT WE PRESENT TO YOU, YOU'LL REALIZE WHAT WEST ROCK HAS ENDEAVORED TO DO AND WHY THEY HAVE DONE WHAT THEY HAVE DONE THE WAY THEY'VE DONE IT. LET ME TELL YOU A QUICK STORY.

MY DAD WAS A GREAT STORYTELLER. HE TOLD ME A STORY ABOUT TWO BROTHERS WHO THIS IS BACK IN THE DEPRESSION WHEN HE WAS GROWING UP. TWO BROTHERS BOUGHT A MULE FOR THEIR FARM AND THEY WERE WALKING UP THE ROAD AND THE MULE FALLS IN THE DITCH AND THEY BECOME ANGRY WITH EACH OTHER ABOUT WHY AND HOW THE MULE WOUND UP IN THE DITCH AND THEY GET ENTIRE FIGHT.

WHILE THEY ARE FIGHTING -- WE NEED TO REMEMBER WHY WE BOUGHT THE MULE IN THE FIRST PLACE. IT'S NOT SO WE CAN HAVE A FIGHT.

THE PURPOSE OF THE WALL IS TO PREVENT THE EROSION OF MATERIALS INTO THE WETLANDS OF THE AMELIA RIVER.

AND TO PREVENT STORMWATER FROM RUNNING INTO THE WETLANDS OF THE AMELIA RIVER. THE CITY'S LAND DEVELOPMENT CODE SPECIFICALLY REQUIRES THAT YOU DESIGN AND BUFFER YOUR DEVELOPMENT TO PREVENT EROSION INTO THE WETLANDS.

AND DISPOSITION OF STORMWATER RUNOFF INTO THE WETLANDS.

IT REQUIRES THE THIRD LEG ON THAT IS YOU WANT TO PROVIDE HABITAT IN THIS TRANSITIONAL AREA.

THAT IS WHAT THIS BUFFER IS DESIGNED TO DO.

NOW THERE WERE SOME QUESTIONS THAT WERE ASKED ABOUT THE WIDTH OF THE BUFFER. WHETHER THE PROJECT FINISHED AND PLANTING OF THE VEGETATION. VOL A VEGETATIVE BUFF THEY'RE IS AT LEAST A MINIMUM OF 25 FEET AT ALL LOCATIONS AND THAT WILL AVERAGE A WIDTH OF 35 FEET. OVER THE COURSE OF THAT AREA.

I'M A LAWYER. YOU DON'T HAVE TO TRUST WHAT I SAY. WE'LL CALL WITNESSES WHO WILL TELL YOU THESE FACTS. WHY DO WE HAVE A WALL? THE WALL IN THE CONSTRUCTION OF THAT AREA TO PREVENT STORMWATER RUNOFF AND EROSION IS NECESSARY TO MEET THE REQUIREMENTS OF PREVENTION. THIS IS WHERE IT GETS KIND OF CRAZY. YOU SPECIFICALLY TELL THE LANDOWNER THAT YOU HAVE TO PREVENT THESE FROM HAPPENING U.

CAN'T PUT STORMWATER. YOU ARE SUPPOSED TO DESIGN A STORMWATER RETENTION SYSTEM IN ORDER TO GET YOUR PERMIT TO CONSTRUCT YOUR PROJECT. WE KNOW IT'S IN YOUR PACKAGE THAT WEST ROCK DID EXACTLY THAT. THE DRAW THAT IS YOU HAVE IN YOUR PACKAGE AND I BELIEVE IT'S DRAWING NUMBER FOUR.

THIS IS IN YOUR PACKAGE OF THE DESIGN OF THE FACILITY.

YOU ALL HAVE COPIES. THERE ARE DATES ON THEM.

YOU CAN SEE THE DATES THAT THEY WERE DRAWN.

THEY WERE DRAWN IN 2017. YOU CAN SEE THAT THE WALL AND THE BUFFERING IS PART OF THEIR CONSTRUCTION DOCUMENTS.

[00:50:08]

AND YOU CAN SEE THE PURPOSE OF THIS IS SET OUT IN THE LOWER LEFT-HAND CORNER. IT IS THEIR EROSION CONTROL EROSION CONTROL PLAN. IT SHOWS EXACTLY WHAT IT IS THAT IS TO BE BUILT. JASON SAYS HE DOESN'T HAVE THESE. WE KNOW BECAUSE WE'VE GOT THEM THAT MY CLIENT HAD THEM DRAWN. ONE OF TWO THINGS HAPPENED.

EITHER TER CONTRACTOR LOST THEM OR THE CITY LOST THEM.

BUT THEY ARE THERE AND WE KNOW THEY ARE THERE.

AND MORE THAN THAT, WE KNOW THAT FOR THE CITY TO ISSUE A CONSTRUCTION PERMIT, THEY HAVE TO HAVE THIS STORMWATER PLAN THAT MANAGES STORMWATER ON THE SITE.

THAT IS A REQUIREMENT FOR THE ISSUE SHYNESS OF THE PERMIT.

WHAT WE DO KNOW IS THAT THERE WAS AN EFFORT MADE BY THE APPLICANT TO BE COMPLIANT. WHAT ELSE DO WE KNOW? YOU LOOK AT DRAWING NUMBER FIVE IN YOUR PLAN, WE KNOW IT'S THAT PART OF THE STACK OF -- WHAT IT'S GOING TO BE MADE OF AND WHERE IT FUNCTIONS IN CONNECTION WITH THE DESIGN OF THIS STACKER PROJECT. WE KNOW DATES THAT THE DRAWINGS WERE MADE AND WE KNOW PURPOSE FOR THEM.

AND WE KNOW IT'S THAT DISTINCT. IT IS THE EROSION CONTROL PROJECT AS A COMPONENT OF THE STACKER CONSTRUCTION PROJECT.

WHY IS THIS IMPORTANT? WELL, THE APPLICANT FOR A CONSTRUCTION PERMIT KNOWS THAT THIS HAS TO BE PART OF THE CONSTRUCTION PROJECT PLANS SUBMITTED TO THE CITY IN ORDER TO GET A PERMIT. SO WHAT THE WITNESSES WILL TELL YOU IS THIS IS WHAT THEY DID. YOUR CITY CODE REQUIRES THE APPLICANT IN THIS CASE WEST ROCK TO CONTACT THE ARMY CORP OF ENGINEERS , THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND ST. JOHN'S RIVER WATER MANAGEMENT DISTRICT IN ORDER TO DESIGN THE VERY BEST BUFFERING PLAN THAT YOU CAN COME UP WITH THAT NE MEETS THE OBJECTIVES.

THERE IS NOTHING WRONG WITH THE CITY HAVING A MORE STRINGENT CRITERIA THAN ANYBODY ELSE. THERE IS NOTHING WRONG WITH THAT. BUT YOU GOT TO REMEMBER WHY YOU BOUGHT THE MULE. YOU BOUGHT THE MULE TO KEEP THE EROSION AND STORMWATER OUT OF THE AMELIA RIVER WETLANDS.

IN THIS CASE, WE HAVE AN INTERPRETATION BY CITY STAFF THAT SAYS THAT THE BUFFER MUST BE AN UNDISTURBED VEGETATIVE BUFFER WHICH WHEN YOUR OWN COMPREHENSIVE PLAN TELLS YOU SOMETHING DIFFERENT. THEY SAY YOU MAY HAVE A BUFFER THAT CONSIST OF THESE COMPONENTS INCLUDING WALLS AND FENCES AND BERMS AS WELL AS VEGETATION. SO DID WEST ROCK PLAN TO BUILD A BUFFER THAT IS CONSISTENT KEEPING THE PURPOSE OF THE BUFFER? YES.

DID THEY TRY TO DO IT ON THE CHEAP? NO. THE EVIDENCE IS GOING TO SHOW YOU AND TESTIMONY WILL SHOW YOU THEY SPENT OVER $800,000 DOING THIS BUFFERING SYSTEM TO PROTECT THE WATERS AND WETLANDS OF THE AMELIA RIVER BECAUSE THIS WAS THE BEST WAY TO ACHIEVE THAT PURPOSE. THEY SPENT $800,000 OF CAPITAL OF MONEY THAT RETURNS NOTHING TO THE SHAREHOLDERS.

IT DOESN'T GENERATE ANY INCOME TO THEM.

[00:55:05]

THE STACKER SITE HAS ITS OWN INDEPENDENT FOUNDATION SUPPORTED BY PILINGS. IT DOESN'T NEED A RETAINING WALL TO PRESERVE IT OR TO OPERATE IT. YOU'VE GOT TO HAVE THE BUFFER IN ORDER TO GET YOUR PERMIT TO BUILD YOUR STACKER SITE.

AND TO ACHIEVE THE PURPOSES OF THISTH TO MANAGE STORMWATER AND EROSION, YOU NEED TO HAVE THAT WALL, THAT BARRIER.

OUR EXPERT BIOLOGIST YOU WILL HEAR FROM IS GOING TO TELL YOU THAT THIS IS CONSISTENT WITH BEST PRACTICES AND THAT PUTTING THE VEGETATION ON THE OUTSIDE, ON THE INSIDE AND HAVING THE VINES PLANTED TO GROW ON THE WALL WILL GIVE YOU A COMPLETE VEGETATIVE BARRIER THAT ACHIEVES THE PURPOSE OF THE BUFFER WHICH IS SET OUT IN YOUR OWN CODE. THAT IS WHAT IT'S THERE FOR.

AND SO NOBODY IS TRYING TO SLIP A JOKER IN THE DECK.

WEST ROCK DID EVERYTHING THEY WERE SUPPOSED TO DO.

THEY MET WITH FDEP. THERE IS A LETTERS FROM FDEP IN YOUR NOTEBOOK THAT SAYS YOU MEET THE CRITERIA.

THIS DOES WHAT IT'S SUPPOSED TO DO.

THEY MET WITH FDEP AND ARMY CORP OF ENGINEERS TO DELINEATE THE WETLAND. HERE IS WHAT YOU NEED TO KNOW ABOUT THAT PROCESS.

LAST THING THAT I'LL GEAT THE PRESENTATION OF EVIDENCE HAD THEY GONE WITH AN UNDISTURBED BUFFER THEY WOULD NOT HAVE ACHIEVED WHAT THEY DID WITH THIS BUFFER SYSTEM.

ALL THEY WOULD HAVE IS VEGETATION THERE.

YOU HAVE A SURVEY. IT SHOWS YOU ARE ON A BLUFF.

IF YOU DON'T PUT YOUR RETAINING WALL THERE, NATURAL EROSION TAKES PLACE AND TAKES MATERIAL FROM THE UPLANDS INTO THE WETLANDS WHICH IS DESIGNED TO BE CONTROLLED BY YOUR BUFFERING SYSTEM. I WILL SUGGEST TO YOU THAT WE HAVE DISAGREEMENTS NOT IN PURPOSE BUT IN INTERPRETATION NOT OF CITY CODE BUT OF CITY POLICY.

CITY STAFF PUTS THE TERM UNDISTURBED IN THE POLICY AS UNDISTURBED IN THE WETLAND PROTECTION ZONEFUL I THINK THE MORE REASONABLE INTERPRETATION YOU IS DON'T WANT TO DISTURB THE VEGETATION IN THE WETLANDS. THAT IS THE PURPOSE OF THE ZONE.

YOU USE YOUR BUFFERING TO PROTECT THE WETLANDS.

NOT AS MEANS OF PUTTING THE WETLAND AT RISK.

AND SO WHAT YOU HAVE IN YOUR NOTEBOOK IF YOU LOOK, YOU HAVE OUR APPLICATION. YOU HAVE THE ATTACHMENTS.

YOU HAVE YOUR ATTACHMENT NUMBER ONE IS YOUR TOPOGRAPHICAL SURVEY. YOU HAVE YOUR DRAWINGS THAT Y'ALL WERE ASKING QUESTIONS ABOUT.

I WILL DIRECT YOUR ATTENTION IF I MIGHT FOR THE MOMENT TO DRAWING NUMBER THREE WHICH GIVES YOU, HERE IS THE STACKER.

HERE IS THE ROLLER RING THAT SUPPORTS THE OPERATION.

YOU HAVE UP LAND AND LOW LEFT-HAND BEFORE YOU GET INTO THE WETLANDS. AND SO WHAT IT'S DESIGNED TO

PROTECT THE WETLAND IS A SYSTEM. >> YOU HAVE VEGETATION COMING UP

[01:00:02]

THE BLUFF. YOU HAVE THE WALL AND THEN YOU HAVE ADDITIONAL VEGETATION. SO YOU HAVE VEGETATION ON BOTH SIDES OF THIS WALL. VOL VEGETATION THAT WILL BE PLANTED AND THAT WILL BE NATURALLY ENHANCED BY LET'S SAY BIRD DROPPINGS BECAUSE BIRDS LIKE TO SIT ON FENCES AS WE ALL KNOW. THAT'S WHAT IT DOES.

THAT'S WHY IT'S THERE. AND IF ANYBODY HAS QUESTIONS I'LL BE GLAD TO ANSWER THEM. I'LL BE GLAD TO SHUT UP AND LET

WITNESSES START TALKING. >> I GOT SOME QUESTIONS HERE.

>> GO AHEAD. >> SO IS THIS WALL ENTIRELY

SHEET PILING? >> IT IS SHEET PILING WITH A

CONCRETE CAP AND FENCE ON TOP. >> HOW MUCH EMBEDMENT DOES THE

WALL HAVE UNDERE UNDERGROUND. >> I DON'T KNOW BUT WE HAVE TWO ENGINEERS THAT CAN PROBABLY TELL YOU.

>> AND SO WHAT YOU ARE SUGGESTING IS WHEN YOU GET THROUGH THE VEGETATION WORK, YOU ARE GOING HAVE A 25-FOOT MINIMUM FROM THE WETLANDS ALL THE WAY AROUND RIGHT?

>> THERE WILL BE A MINIMUM OF 2F 35 FEET AROUND FOR THAT

BUFFERING OF THAT AREA. >> THE ONLY DIFFERENCE THAT YOU ARE TALK ABOUT HERE IS YOU HAVE THE WALL IN THE MIDDLE OF THIS

ZONE. >> RIGHT.

>> INSTEAD OF HAVING IT OUTSIDE. BUT YOU ARE STILL PROVIDING THE

SAME BUFF SENATOR. ER?>> THE WALL IS DESIGNED TO PREVENT THE STORMWATER RUNOFF. THAT'S WHY THE ENGINEERS LOCATED IT THERE. THESE ARE ENVIRONMENTAL ENGINEERS. THIS IS WHY THEY LOCATE THE WALL

TO OPTIMIZE THAT FUNCTION. >> THAT'S WHY IT IS WHERE IT IS.

>> RIGHT. >> AND IF YOU ARE FAMILIAR WITH SHEET PILING YOU KNOW THE PIECES ARE INTERCONNECTED SO THEY HAVE TO BE MUTUALLY SUPPORTING IN ORDER TO BE EFFECTIVE.

>> RIGHT. >> ANY OTHER QUESTIONS?

>> JUST A MOMENT SIR. IS THIS PROJECT COMPLETED?

>> ALL EXCEPT THE PLANTING OF THE VEGETATION.

>> AND WHAT -- >> THAT COULD TAKE PLACE IN ABOUT SIX WEEKS. WE'RE IN THE PERIOD OF TIME WHERE PLANTING SHOULD BE TAKING PLACE.

>> WHAT KIND OF VEGETATION ARE WE PLANTING?

>> WE HAVE I THINK IT IS IN OUR PLANS AND DRAWING NUMBER ONE

GIVES YOU THE LIST AND -- >> IS THERE ANY WAY YOU CAN INDICATE WHERE THIS VEGETATION IS BEING PLANTED ON ONE OF THESE

MAPS THAT YOU HAVE. >> THIS IS DRAWING NUMBER ONE AND TELLS US -- IT'S COLOR CODED EVERYTHING THAT IS BEING

PLANTED. >> HOW -- WHAT IS THE -- HOW MANY FEET BETWEEN IF YOU ARE LOOKING AT THIS DRAWING NUMBER ONE , THE CIRCLE TO THE YELLOW, WHAT IS THE DISTANCE THERE?

>> >> AND IS IT GOING TO BE BETWEEN THIS BLUE CIRCLING RADIUS AND OUTSIDE OF THE DOTTLE COLOR LINES ON BOTH SIDES OF THAT? I'M TRYING TO VISUALIZE.

>> IF I GET IT WRONG, ONE OF Y'ALL CORRECT ME.

I'LL DO THE BEST I CAN. WE HAVE THE EXISTING VEGETATION THAT YOU CAN SEE THIS ON THE AERIAL PHOTOGRAPH.

I'M MAKING REFERENCE TO OUR DRAWING NUMBER ONE.

AND THEN YOU HAVE AN AREA IN WHICH THE WALL IS THIS DOTTED YELLOW LINE. AND YOU HAVE THE TYPES OF VEGETATION THAT WILL BE PLANT ADD LONG THE WALL ARE COLOR CODED. ON THE DRAWING.

AND SO I'LL USE FOR EXAMPLE THIS AREA WHERE WE ARE WHERE WE ARE LESS THAN 25 FEET FROM THE WETLANDS, YOU SEE IT IS MARKED IN BOTH BLUE AND GREEN. INSIDE OF THE WALL YOU WOULD HAVE AMELIA AND WAX MYRTLE. OUTSIDE OF THE WALL YOU SEE THE GREEN COLOR CODING, HACK BERRY, HOLLY AND FLORIDA CLIP.

[01:05:11]

THERE ARE MULTIPLE VARIETIES OF LOCAL VEGETATION OR NATIVE SPECIES THAT WILL BE PLANTED. AND THERE WILL BE A VARIETY.

DOES THAT ANSWER YOUR QUESTION? >> I'M JUST TRYING TO FIGURE OUT WHAT THEDNES THE DISTANCE IS. THE BLUE LINE TO THE DOTTED AND IF IT'S GOING TO -- LOOKS LIKE MAYBE THERE IS A FENCE ALSO ON

THE OTHER SIDE. >> THERE ARE FENCES THAT -- THERE ARE THIS WALL -- THE CHAIN LINK FENCING.

>> THE MAJORITY OF IT IS OUTSIDE OF THE MINIMUM BUFFER AREA.

WHAT VARIANCE IS REQUIRED FOR IS THE SMALL PORTION IN THIS WHAT WOULD BE ON THE LEFT-HAND SIDE OF DRAWING NUMBER ONE WHERE IT IS WITHIN 25 FEET OF THE WETLAND WETLANDWETLANDDELLENNATION LINE.

>> IDENTIFY YOURSELF. >> I HAVE TO MAKE NOTES.

>> I'M ANN AND I LIVE AT -- THE MILL HAS BEEN A FIXTURE IN MY LIFE.

I GRADUATED FROM FLORIDA STATE AAS AN ENGINEER IN ENGINEERING.

I HAVE FIVE YEARS WITH THE DEP IN WASTE WATER.

BEFORE RETURNING TO NASSAU COUNTY WHERE I TAUGHT WITH THE SCHOOL BOARD. AND I JUST FINISHED MY FIFTH YEAR WITH WEST ROCK AS AN ENVIRONMENTAL ENGINEER WHERE I MAINTAIN OUR COMPLIANCE WITH WATER, WASTE AND WASTE WATER REGULATIONS. THE CHIP RECLAIMER WAS THE FIRST PROJECT WHERE I WAS INCLUDED FROM INCEPTION.

I REMEMBER THE PLANNING MILESTONES WELL.

WE KNEW WE HAD TO BE CERTAIN OF TWO THINGS.

NUMBER ONE DETERMINE WHAT SURROUNDING AREAS DESIGNATED AS WETLAND SO WE STAY OUT OF THEM. AND NUMBER TWO DESIGN A BUFFERING SYSTEM AROUND THE PROJECT SO WE CONTINUE THROUGHOUT THE YEARS TO STAY OUT OF THE WETLANDS.

TO ACCOMPLISH THIS WE GOT APPROVAL FROM ALL ENVIRONMENTAL REGULATORY AGENCIES INCLUDING THE ARMY CORP OF ENGINEERS AND ST. JOHN'S RIVER WATER MANAGEMENT DISTRICT.

WHEN WE TALK ABOUT THE DEP THEY ARE SPEAKING FOR THE WATER MANAGEMENT DISTRICT ALONG WITH GUIDANCE OF ENVIRONMENTAL SOLUTIONS, OUR HIRED WETLAND EXPERT.

WE SCHEDULED REVIEWS WITH EACH AGENCY INDIVIDUALLY TO DELINEATE THE WETLAND BASENED THEIR CRITERIA.

AFTER BOTH THE STATE AND FEDERAL AGENCIES APPROVED THE BOUNDARIES OF WETLAND WE HAD LG TWO SET OUR DELYNN NATION TO THE MORE CONSERVATIVE OF THE TWO. I YOU I I TO ESTABLISH AND MAINTAIN SITE GRADE. THIS WALL IS THE NECESSARY AND MAIN COMPONENT OF OUR BUFFER SYSTEM.

DUE TO ITS ABOUT TO STABILIZE ALLOW FOR ANY SLOPE EROSION.

IF WE DON'T MAINTAIN SLOPE THEN WE WON'T BE ABLE TO KEEP ALL STORMWATER RUNOFF FROM RAIN EVENTS OUT OF THE WETLAND.

THE FENCE WAS ADD FOR PERSONNEL SAFETY AND WILL BE AN ENHANCEMENT WHEN WE UPGRADE IT BY PLANTING.

NOT ONLY DID WE GO ABOVE AND BEYOND TO INCLUDE ALL ENVIRONMENTAL AGENCIES IN OUR DESIGN TO MEET THE BUFFER REGULATIONS OF 15 FEET MINIMUM AND 25 FEET AVERAGE, BUT WE EXCEEDED REQUIREMENT BY DESIGNING A 35-FOOT AVERAGE FOR OUR PROJECT AND PLAN TO IMPROVE THAT AREA WITH MORE SUBSTANTIAL NATIVE TREES. THE DEP STATING THEIR APPROVAL TO OUR BUFFER SYSTEM. I'M GOING QUOTE IT.

[01:10:03]

AS WE DISCUSSED DUE IN PART TO THE BUFFER THE UPLAND ACTIVITY SHOULD NOT CAUSE AN ADVERSE SECONDARY IMPACT TO THE HABITAT FUNCTIONS OF THE APPROXIMATE WETLANDS.

THE DESIGN IS CONSISTENT WITH THAT DEFINED IN THE ST. JOHN'S RIVER WATER MANAGEMENT DISTRICT APPLICANTS HANDBOOK VOLUME ONE HAD AN AVERAGE WIDTH OF 25 FEET AND MINIMUM WIDTH OF 15 FEET.

THE FACILITY IS DESIGNED TO NOT DISCHARGE STORMWATER ACROSS THE BUFFER NOR TO THE WETLAND ADDS THE RETAINING WALL PREVENTS THIS. THE INCLUSION OF A LENGTH OF RETAINING WALL BOONE BETWEEN BUFFER OR THE 25 FEET OF THE WETLANDS APPEARS TO BE CONSISTENT THE INTENT OF THE CRUEL ALIEUS FOR DRAINAGE STRUCTURES WITHIN THE BUFFER PROVIDE THE CONSTRUCTION OR USE OF THIS FEATURE DOES NOT ADVERSELY IMPACT WETLAND. TO GO BACK TO YOUR QUESTION I BELIEVE THE FEET AND I DON'T HAVE THE EXACT BUT TO GIVE YOU AN APPROXIMATE THE BLUE IS WHAT IT IS ON TOP OF THE WALL.

JUST THAT BLUE LINE AND THE SMALLEST SECTION IS ABOUT A FOOT AND A HALF. IT'S MINIMAL.

IT'S ABSOLUTELY MINIMAL. SO PROBABLY BEGINS ABOUT TWO FEET. IT GOES TO A FOOT AND A HALF AND IT'S ONLY THAT BLUE THAT IS IN IT AND HERE IT'S ABOUT TWO AND A HALF TO THREE FEET IS THAT BLUE SECTION.

THAT'S THE ONLY SECTION THAT IS WITHIN THAT 25-FOOT BUFFER.

BUT ALL OF THAT WILL BE VEGETATED ONCE WE FINISH IF WE'RE ALLOWED TO FINISH OUR VEGETATION.

>> HOW DEEP DOES THAT WALL GO DOWN?

IS IT SIX FOOT? >> OH NO.

>> THE GENTLEMAN I BROUGHT WITH ME.

I WAS ABLE TO PUT INPUT IN AND BE INVOLVED IN EVERY STEP OF

THIS PROCESS. >> DO YOU THINK THAT THE CITY'S PERMIT IS CLOSED THAT YOU'VE HAD ALL OF YOUR INSPECTIONS?

>> I BELIEVE SO, YES. I DEALT WITH ALL THE FEDERAL

STATE REGULATORY AGENCIES N. >> DO YOU HAVE DOCUMENTATION

THAT SHOWS THAT? >> NOT WITH ME TONIGHT.

>> THE OTHER REGULATORY AGENCIES LIKE THE FLORIDA DEPARTMENT, WILL THEY COME OUT AND HAVE AN INSPECTION?

>> THEY HAVE. >> THE LETTER THAT IS IN THIS PACKET THAT YOU GAVE US LOOKS LIKE THAT IT WAS APPROVED BASED

ON USE AND PHOTOGRAPHS. >> THEY'VE BEEN OUT FOR OTHER ASSOCIATED PROJECTS. I THINK HE ONLY SAW PICTURES OF THIS ONE. THEY WERE OUT THERE DURING CONSTRUCTION FOR ANOTHER INSPECTION OF ANOTHER PROJECT.

>> THAT COMMENT WAS MADE OFF OF PICTURES, YES.

>> FOR A PROJECT LIKE THIS, DO YOU HAVE TO GET PERMITTING NOT ONLY FROM THE CITY BUT FROM THE DEP AND ST. JOHN'S RIVER AUTHORITY AND ALL? DO YOU HAVE TO GET LETTERS OR PERMITS FROM THEM AS WELL AS THE CITY?

>> YES. >> AND YOU HAVE DOCUMENTATION OF

ALL OF THAT 1234. >> YES.

>> BUT NOT HERE? >> NOT HERE NO, MA'AM.

BUT IT'S PUBLIC RECORD AND ONLINE AND ALL AVAILABLE.

>> IT WAS ALL SIGNED OFF THEN? >> YES.

>> THANK YOU. >> ANY OTHER QUESTIONS?

>> YOU HAD SOME OTHER SPECIFIC QUESTIONS TO THE VEGETATION.

I'D LIKE TO NOW INTRODUCE PETE JOHNSON.

HE'S OUR SENIOR BIOLOGIST AND ALL THE QUESTIONS YOU HAD AROUND

THE VEGETATION HE CAN ANSWER. >> THANK YOU.

>> MY NAME IS PETE JOHNSON. MY ADDRESS IS 10475 FORTUNE PARKWAY SUITE 201 JOCK SONVILLE, FLORIDA.

I'M A SENIOR BIOLOGIST WITH LG2 ENVIRONMENTAL SOLUTIONS.

[01:15:05]

I DO AND I'M ALSO A CERTIFIED PROFESSIONAL WETLAND SCIENTISTS WITH THE SOCIETY OF WETLAND SCIENTISTS.

I'VE BEEN WORKING ON PROJECTS INVOLVING WETLAND AND ECOLOGY AND PERMITTING IN FLORIDA FROM FOR ABOUT 23 YEARS.

AND I'VE BEEN INVOLVED IN THIS PROJECT SINCE IT STARTED IN 2017. SET THE WETLAND DELINEATIONS, CONFIRMED THEM AND WALKED THEM WITH REVIEWERS FROM THE DEP AND ARMY CORP OF ENGINEERS. AND I ALSO DREW UP THIS PLANTING PLAN FOR THEM FOR THIS PROJECT. SO IF YOU HAVE ANY QUESTIONS, I THINK I CAN ANSWER ONE OF YOUR QUESTIONS , THE OTHER DRAWING SHOWED THE WALL. FIND THE SURVEY WETLAND DELINEATION WE SET UP. FROM THAT FIGURE MAY NOT BE TOTALLY ACCURATE AS FAR AS WHERE THAT WETLAND LINE IS.

ONE OF THE THINGS THEY DO WHEN THEY BRING IN A WETLAND LINE AND IN CAD, THE COORDINATES AND PROJECTIONS ALL HAVE TO BE RIGHT. I THINK IT WAS JUST SHIFTED OUT A LITTLE BIT MAYBE. SO ANYWAY, SO WE BROUGHT IN A SURVEYOR AND THE SURVEYOR VERIFIED THE WETLAND LAND AND PROXIMITY OF THE WALL AND THAT WAS USED TO BASE FOR THIS FIGURE HERE. AS FAR AS THE VEGETATIVE BUFFER DESIGN GOES, THE SPECIES THAT ARE IN THE AREA UNDISTURBED PORTION OF THE AREA, OUTER RED HATCHED AREA ON THE OUTSIDE EDGE OF THE PLANTING ZONES, AGAIN ON FIGURE TWO OR MAP EXHIBIT TWO.

THIS AERIAL THAT IS ON THIS FIGURE IS A LITTLE BIT MISLEADING BECAUSE IT'S PREPROJECT CONSTRUCTION.

SO IT SHOWS A LOT MORE VEGETATION THAN WHAT IS THERE NOW. SO WHAT WAS LEFT UNDISTURBED AFTER THE PROJECT IS THIS RED ZONE AROUND THE OUTSIDE PERIMETER. AND THEN ABOVE THAT IS WHERE THE PLANTING ZONE STARTS. YOU HAVE THE GREEN ZONE WHICH IS GOING TO BE HACK BERRY, HOLLY AND FLORIDA PRIST.

THOSE ARE ALL SPECIES EXISTING WITHIN THAT RED HATCHED AREA.

SO THEN AS YOU COME UP FROM THERE YOU SEE THE ORANGE ZONE.

THAT IS PALMETTO. THAT IS DIRECTLY BELOW THE WALL.

THE WALL IS THAT WHITE DASHED LINE.

AND ABOVE THAT YOU HAVE A COMBINATION OF THE PA AMELIA AND WAX MYRTLE WHICH THOSE WERE CHOSEN BECAUSE THEY ARE THE MOST HARDY DROUGHT TOLERANT SPECIES OF ALL OF THEM.

THEY ARE DROUGHT TOLERANT NATIVE SPECIES THAT ARE FOUND THROUGHOUT THIS AREA OF NORTHEAST FLORIDA.

THEY PROVIDE MANY BENEFITS TO WILDLIFE AS FAR AS FOOD, SHELTER, THEY PROVIDE FOOD FOR POLLINATORS.

LOT OF INSECTS. BIRD, BUTTERFLIES.

IN FACT HACK BERRIES IS A HOST PLANT FOR FIVE DIFFERENT SPECIES OF BUTTERFLIES, SAW PAL MET TWO SPECIES.

THEY PROVIDE FOOD FOR ALL KIND OF BIRD.

THE BERRIES FROM THESE VARIOUS PLANTS.

AND THE VIOLENCE AS WELL THAT ARE GOING TO BE PLANT ADD LONG THE WHITE PORTION. WE DIDN'T INCLUDETA IN THIS PLAN BUT WE'VE SINCE ADDED THAT TO THE PLAN.

THE VINES TO COVER THE TOP OF THE WALL HAS A FENCE ON IT.

SO THE VINES HAVE GOING TO BE PLANTED IN THAT BLUE ZONE BASICALLY AND THEY ARE GOING TO GROW UP ON TO THE OVER THE WALL AND ON TO THE RAILING AND FENCE ALONG THE TOP OF THE WALL AND COVER THAT AREA. ALL OF THESE PLANTS ARE

[01:20:08]

COMMERCIALLY AVAILABLE. THAT WAS ANOTHER REASON WHY WE SELECTED THEM. SOME OF THE NATIVE PLANTS ARE HARD TO FIND. THESE ARE ALL READILY AVAILABLE THAT WE'RE SOURCING AND HAVING INSTALLED FROM A LOCAL COMPANY THAT IS BASED HERE. AS FAR AS THEY TALKED TO AS FAR AS THE STABILIZATION WALLS AND BUFFER DESIGNS, I USED TO WORK FOR THE WATER MANAGEMENT DISTRICT AND THEY ALLOWED IN THEIR VEGETATIVE BUFFERS STORMWATER VARIOUS STORMWATER MANAGEMENT CONTROL FEATURERS AND OTHER MEASURES TO BE ALLOWED IN THOSE BUFFERS. I CAN GIVE YOU THE CODE SECTION FOR THAT IF YOU'D LIKE IT. I CAN GIVE YOU THE CODE FOR THAT. IT TALKS ABOUT WHAT IS LOUD IN THE BUFFERS. AS FAR AS THE SEASON TO PLANT LIKE WE DISCUSSED BEFORE, THIS IS THE COLD SEASON OR WINTER SEASON IS THE BEST TIME TO PLANT THE PLANTS WE SPECIFIED HERE BEING MOSTLY WOODY TREES AND SHRUBS.

YOU DON'T WANT TO PLAN PLANT THEM WHEN IT GETS HOT BECAUSE IT STRESSES THEM OUT AND BASICALLY THEY CAN DIE.

THE SYSTEM ITSELF ONCE COMPLETE WILL PROVIDE VALUABLE HABITAT WITH NATIVE SPECIES FOR BIRD, WILDLIFE MAMMALS AND INSECTS.

IT WILL IMPROVE WITH TIME. THEY WILL PRODUCE MORE FRUIT AND MORE HABITAT. AND THEN ALSO OTHER NATIVE SUPPOSE IS CYST FROM THE AREA WILL RECRUIT IN EITHER THROUGH BIRD BRINGING THEM IN OR THE SEEDS BLOW IN FROM THE WIND AND DISPERSE INTO THE AREA AROUND E AND I CAN'T RECALLLY RECRUIT.

ARE IT WON'T JUST BE STARTER PLANTS AND FOUNDATION PLANT BUT IT WILL EVENTUALLY LOOK EXACTLY LIKE THE IN TACT NATIVE UP LAND EDGE OR TRANSITION ZONE OR ECOTONE IF YOU WILL ALONG THE MARSH THERE. SO ONE OTHER THING WHEN YOU DO THESE PLANTINGS, YOU WANT TO MONITOR AN MAINTAIN THEM TO PREVENT INVASIVE EXOTIC PLANTS ANTED SO FORTH FROM COMING IN.

AND THAT IS PART OF OUR PLAN TO DO THAT SO THESE WILL BE SUCCESSFUL. WE'RE NOT JUST GOING TO THROW THEM OUT AND HOPE FOR THE BEST. LIKE THIS IS FOLLOW THROUGH.

ONCE THE ESTABLISHED BUFFER IS DONE, IT WILL FORM A CONTINUOUS VEGETATIVE HABITAT FROM THE EDGE OF THE WETLAND UP TO THE WALL AND SLIGHTLY ABOVE THE WALL WHERE THAT 25 FEET BOUNDARY LINE IS INDICATED BY THE FAR RIGHT EDGE OF THE BLUE ZONE THERE.

IT'S GOING TO BE COMPOSED OF BENEFICIAL NATIVE SPECIES.

WALL WILL BE COVERED WITH NATIVE VINES AND IT WILL PROVIDE FOOD FOR BIRDS SUCH AS HUMMING BIRDS, CARDINALS, MOCKING BIRD, THRASHERS, ROBINS AND WAX RINGS. THESE ARE ALL BIRDS THAT ARE LISTED AS MARRIED EAT THE FRUITS OF THESE DIFFERENT PLANTS AND THE HUMMING BIRD WILL OFF THE FLOWERS OF THE VINES.

ONE THING I NOTE IS THE WALL AND THE STACKER ARE FAIRLY -- OBVIOUSLY YOU WANT THE BUFFER TO BE USED BY WILDLIFE.

BUT THE WALL AND STACKER ARE PASSIVE USE AREAS.

THERE IS NOT A LOT OF PEOPLE RUNNING AROUND OR TRUCKS DRIVING THROUGH OR ANYTHING. SO ALL OF THESE WILDLIFE THAT USE THIS AREA WILL HAVE MINIMAL DISTURBANCE.

IT'S NOT LIKE A LOT OF LOUD NOISE OR OTHER THINGS TO DISTURB THE WILDLIFE THAT IS GOING TO BE BENEFITING FROM THIS VEGETATIVE BUFFER. AND I THINK THAT'S ABOUT ALL I HAVE TO SAY. ANY QUESTIONS?

>> THANK YOU. >> I'M LOOKING AT THE CURRENT IMAGE ON GOOGLE. AND I UNDERSTAND THAT BASICALLY WHAT I'M LOOKING AT AROUND THE PERIMETER LOOKS LIKE A 15 OR

[01:25:05]

25-FOOT VEHICULAR ACCESS, IS THAT WHAT I SEE ON THAT?

>> YES. >> AND AS A TOOL THAT COMMUNICATES TO US THAT YOU GUYS ARE IN COMPLIANCE WITH THE 25-FOOT IN THE ZONE, NOT A SINGLE DRAWING, NOT A SINGLE ONE OF THOSE DRAWINGS SHOW THAT 25-FOOT DIMENSION ANYWHERE.

ALL THE GRAPHICS ARE REPRESENTATIVE AND I DON'T SEE HOW YOU GET TO A 35-FOOT AVERAGE.

THEY ARE CLOSE TO THE 25-FOOT ALL THE WAY AROUND.

I SEE WHERE THEY GET WIDER IN SOME AREAS.

BUT I DON'T THINK THAT THE AGGREGATE OF AN AVERAGE IS

35 FEET. >> I CAN ANSWER THAT QUESTION.

UP IN THIS AREA THAT IS COVERED UP BY DRAWING NUMBER TWO AND THERE IS A RED HATCH ZONE OF UNDISTURBED BUFFER GOES PRETTY FAR UP ABOVE THE GREEN ZONE. I CAN SHOW YOU ON THIS DRAWING I HAVE THAT DOESN'T HAVE THAT THING ON THERE.

AND ALSO DOWN HERE THERE IS A WIDER UNDISTURBED BUFFER AND ALONG HERE. SO THESE WIDER AREAS WORK INTO THAT AVERAGE AND WORK OUT TO A 35-FOOT AVERAGE OVERALL.

IF YOU WOULD LIKE I CAN SHOW YOU THIS DRAWING.

>> >> I'M LOOKING AT IT ON GOOGLE SO I HAVE AS GOOD AN IMAGE AS YOU HAVE.

I RECOGNIZE THERE IS MORE THERE. I JUST THINK WHAT WE'RE LACKING IS DIMENSIONS THAT SHOW THE INTENT.

A GRAPHIC GIVES YOU QUITE A DECENT AMOUNT OF LEEWAY.

AS SOMEBODY WHO IS IN THE BUILDING INDUSTRY, I RECOGNIZE YOU GIVE A CONTRACTOR A LOT OF FLEXIBILITY IN THAT REALM.

>> SO THE BUFFER ITSELF, THE AVERAGE 25 OR AVERAGE 35 MINIMUM 25 BUFFER IS BETWEEN THE RED HATCH BOUNDARY AND THEN THE EDGE OF THE GREEN AT THE NORTH END AND THEN THE EDGE OF THE ORANGE AS IT COMES TOWARD THE WALL AND THEN THE EDGE OF THE BLUE ABOVE THE WALL A LONG THE BLUE AND THEN BACK TO WHERE THE BLUE

COMES DOWN. >> AN THEN MOST OF THE BUFFER AT THAT POINT IS UNDISTURBED RED HATCH PORTION AND THEN IT COMES

BACK OUT ALONG THE RED. >> GRAPHICALLY I UNDERSTAND WHAT

YOU ARE TALKING ABOUT. >> AND WE MIGHT HAVE BEEN ABLE TO DO A BETTER JOB OF ACTUALLY MAYBE LABELING WIDTHS OR SHOWING

THEM A LITTLE BIT BETTER. >> DRAWING FOUR WANT TO SEE THOSE ARE TO SCALE AND SEALED.

THOSE ALSO HAVE THE DELINEATION LINE AND 35-FOOT.

IS THAT MORE WHAT YOU WANT? IT DEPICKS IT A LITTLE BETTER.

I THINK FIVE MIGHT BE A LITTLE BETTER.

>> DOES HA HELP? >> I THINK IT COULD BE CONVEYED

A LITTLE MORE CLEARLY. >> ANY OTHER QUESTIONS FOR HER?

[01:30:10]

>> THANK YOU SO MUCH. >> MY NAME IS EARTHQUAKE MID -T.

EARTHQUAKE SCHMIDT.

I'LL BIYOU MY BACKGROUND AND THEN MAKE A COMMENT.

I GRADUATED IN 1976 FROM PURDUE REMEMBERED ENVIRONMENTAL ENGINEERING. I CAME HERE TO WORK AT THIS MILL THE 1978 AS A YOUNG ENGINEER. I WORKED AT THE MILL IN ENVIRONMENTAL UNTIL 1984 AND I WENT TO A CORPORATE ENVIRONMENTAL JOB FOR THE NEXT 34 YEARS.

I'VEWORKED IN ALL BUT FOUR OF THE UNITED STATES ON ENVIRONMENTAL PROJECTS. I'VE WORKED IN WESTERN MEXICO AND EVERY CANADIAN PROVINCE. A LOT OF THESE SUPPORT ACTIVITIES I DID SUPPORTED WETLANDS AND EROSION AND STORMWATER CONTROLS THROUGH THOSE 34 YEARS.

I'VE BEEN APPOINTED JUST TO GIVE YOU AN IDEA OF MY LOCAL AND FLORIDA BACKGROUND, I WAS APPOINTED BY THE GOVERNOR OF FLORIDA TO THE TASK FORCE IN THE 1980'S.

I WAS A CORPORATE REPRESENTATIVE TO THE AMERICAN FORCE ENVIRONMENTAL COMMITTEE. I WAS ELECTED TO THE NATIONAL COUNCIL FOR STREAM IMPROVEMENT SOUTHERN REGIONAL COMMITTEE AND I'M THE PAST PRESIDENT OF THE PULP AND PAPER ASSOCIATION AND ENVIRONMENTAL AFFAIRS COMMITTEE. SO I'M TELLING YOU BECAUSE I WANT TO YOU KNOW I HAVE BROAD EXPERIENCE INTERNATIONALLY AND NATIONALLY. BUT I ALSO HAVE A LOT OF HISTORY HERE. I RETURNED BACK HERE ABOUT THREE YEARS AGO. I'M NOW COMMUNITY RELATIONS AND TRAINING MANAGER AT THE MILL. SO THE COMMENT I'D LIKE TO MAKE TO KEEPING THAT BACKGROUND IN MIND IS BASED ON MY EXPERIENCE WITH WETLAND BUFFER PROTECTION SYSTEMS AND STORMWATER CONTROLS, THIS SYSTEM THAT COST OVER $800,000 IS ONE OF THE MOST EFFECTIVE BUFFER SYSTEMS I'VE SEEN.

PROTECTING THE WELTLAND FROM HUMAN ACTIVITY.

THAT'S WHAT A BUFFER IS SUPPOSED TO BE.

THIS IS MY OPINION. I GAVE YOU MY BACKGROUND.

IT'S ALSO SHARED BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION. I THINK THAT MEMO THAT DANA READ INTO THE RECORD IS A POWERFUL STATEMENT FROM A STATE REGULATOR THAT ENDORSES THIS SYSTEM. THAT IS THE EXTENT OF MY COMMENTS. THANK YOU.

>> ANY QUESTIONS? >> THANK YOU SIR.

>> I DON'T HAVE ANYTHING FURTHER TORE PRESENT.

IF THERE IS ANY QUESTIONS I'LL TRY TO ANSWER.

I WILL RESERVE THE OPPORTUNITY TO SUMMARIZE.

>> YES, SIR. >> THANK YOU SIR.

>> SO NOW LET'S HEAR FROM THE PUBLIC.

YES, SIR. YOU CAN.

>> THE REASON I BROUGHT THIS TO THE ATTENTION OF THE CITY WASN'T TO BE PUNITIVE. I'M INTERESTED IN THE PROCESS OF PROTECTING OUR WETLAND AND BUFFERS.

AND THIS CAME UP WITH AMELIA BLUFF, I THINK WE HAD THE SAME ISSUE WITH THE 15-FOOT AND 25-FOOT.

I COULD BE WRONG. IT WAS AMELIA BLUFF OR ANOTHER PROJECT. IT WAS ANOTHER PROJECT WHERE THERE WAS A DIFFERENCE WHERE THE 15-FOOT BUFFER AND 25-FOOT.

SO MY CONCERN IS THE PROCESS. I WANT TO MAKE SURE THAT THE CITY ENFORCES OUR WETLAND BUFFERS AND WHY I BROUGHT IT TO THE ATTENTION OF THE CITY MANAGER.

AND THEN IT KIND OF GOT A LIFE OF ITS OWN.

SOMEBODY SAID TO ME TODAY A COUPLE OF SNOWFLAKES CAN CAUSE AN AVALANCHE. THAT'S HOW THIS I THINK ALL

[01:35:01]

BEGAN JUST TO CLARIFY. IT WAS JUST THE PROCESS, IT SEEMED TO ME LOOKING THEY WERE IN THE 25-FOOT BUFFER AND HOW DID THAT HAPPEN. AND I DIDN'T GO INTO THE -- I DIDN'T HAVE ALL THESE DETAILS. I JUST BROUGHT IT TO THEIR

ATTENTION. >> YES, SIR.

>> SO PUBLIC COMMENT. ANYBODY WHO WOULD LIKE TO SPEAK CAN SPEAK. JUST COME UP TO THE PODIUM AND

GIVE US YOUR NAME AND ADDRESS. >> YES, SIR.

>> JACK AMBER. 1003 BRIM STEEP FERNANDINA

BEACH. >> I WASN'T BORN IN THE COUNTRY BUT I SPEAK COUNTRY. SO TO ADDRESS THE EXAMPLE OF THE MULE. I'D SAY THIS IS A CLASSIC EXAMPLE OF THE CART BEFORE THE HORSE OR MULE IF YOU PREFER.

WEST ROCK HAS NOT BEEN A VERY GOOD NEIGHBOR.

I CONSIDER MYSELF A GOOD NEIGHBOR WHEN I GO FOR A PERMIT, I DO WHAT I'M SUPPOSED TO DO. I FIND OUT WHAT I'M SUPPOSED TO DO BEYOND WHAT I'M SUPPOSED TO DO AND I DO IT.

LAST YEAR WE HAD A PRESENTATION BROUGHT UP AT ONE OF THE CITY COMMISSION MEETINGS ABOUT WEST ROCK ENCROACHING ON PROPERTY OF THE CITY. AND IN ESSENCE IT WAS A TRESPASS BUT IN PRACTICE IT WAS A LAND GRAB PURE AND SIMPLE.

TREES WERE CUT. NOTHING TO DATE HAS BEEN DONE BECAUSE OF THAT. THIS IS A VERY SIMILAR SITUATION IN THAT I FIND IT VERY ODD THAT NOBODY SEEMS TO KNOW WHETHER THIS PERMIT IS CLOSED OR NOT. NOBODY HAS THE PERMIT TO SHOW US. THAT IS ODD.

NOBODY KNOWS IF THIS PROJECT WAS DONE WITH DUE DILIGENCE.

THE PLANTING OF VEGETATION WASN'T PROPERLY DONE.

I JUST FIND IT APPALLING. AND I THINK IF ANYTHING THIS -- WEST ROCK COMES IN AND DOES ANYTHING ELSE, WE NEED TO ASCERTAIN WHAT WENT WRONG, WHO IS RESPONSIBLE, DO SOME INVESTIGATIVE JOURNALISM WITH REAL FACTS, NOT JUST I DON'T KNOW THAT ANSWER. NOBODY EVEN SAYS LET ME FIND OUT. NOBODY EVEN SAYS THAT.

IT WHY JUST LIKE WE DON'T KNOW BUT I BELIEVE THIS, I THINK THIS. IT'S NOT GOOD ENOUGH WHEN OUR ENVIRONMENT IS IN JEOPARDY HERE. TOO MUCH OF THIS HAS GONE ON IN THE CITY. AND I'M TELLING YOU IT'S GOT TO STOP. IF THIS PROCLAMATION DOES GO FORWARD, IT'S GOT TO BE MET WITH AN APPEAL.

I THINK THE CITY IS FULL ON BOARD WITH DOING THAT RIGHT NOW.

>> THANK YOU FOR COMING OUT TONIGHT.

>> YES, MA'AM. >> TAMMY, 322 NORTH 3RD STREET. I'D LIKE TO THANK ALL OF YOU GUYS AS CITIZENS FOR BEING ON THIS BOARD AND PUTTING YOUR TIME AND ENERGY INTO THIS. I SIT ON THE HDC BOARD AS WELL AS THE CHARTER REVIEW COMMITTEE SO I UNDERSTAND WHAT GOES INTO REVIEWING PACKETS. I'M NOT HERE ON BEHALF OF ANY OF THOSE COMMITTEES. I'M HERE AS AN INDIVIDUAL AND CITIZEN. WHEN I REVIEWED THIS PACKET THREE WORDS LIT UP LIKE A NEON SIGN AND THEY WERE AFTER THE FACT. I LIVE ON ONE STREET OFF OF ESCAMBIA ON NORTH 3RD SO I'M VERY FAMILIAR WITH THIS AREA.

I'D LIKE TO PROVIDE A LITTLE BIT OF HISTORY THAT HOPEFULLY CAN ANSWER MANY OF THE QUESTIONS YOU HAD TONIGHT.

EARLY JULY OF 2019 I WAS WALKING ESCAMBIA AND WHAT WE CALL ESCAMBIA, THOSE OF US THAT LIVE THERE IS THE POORMAN'S GREENWAY.

IT'S A BEAUTIFUL AREA. WE HAVE PROTECTED WETLANDS.

ALLIGATOR CREEK GOES THERE AND WE BORDER WEST ROCK.

JULY 4, I WAS THERE AND THERE WAS A ZONING SIGN THAT WAS PUT UP FOR THE MEETING. THERE WAS A PAB MEETING NOTICE

[01:40:02]

TO THE AREA. IMMEDIATELY I THOUGHT WHAT IS GOING ON. THESE ARE WETLAND WHAT IS HAPPENING HERE. AND JAKE, IF YOU'LL GO TO SLIDE ROW1, THIS IS THE PRESENTATION I THINK HE WAS SPEAKING OF.

AT THE TIME THIS IS THE CITY RIGHT OF WAY RIGHT HERE.

AND WHAT WEST ROCK WAS REQUESTING OF THE PAB WAS FOR THE CITY TO VACATE THAT RIGHT OF WAY.

SO THIS WAS CITY OWNED PROPERTY. I PULLED THE MAPS TO SEE.

KNOWING IT WAS CITY OWNED. I CALM OFF ESCAMBIA CAMMIAN WALKED BACK HERE NOT EVEN HALF WAY AND IT WAS COMPLETELY CLEARED. I'M IN THE CONSTRUCTION BUSINESS. THERE WERE EARTH MOVERS BACK HERE. THERE WAS MASSIVE TREE LOSS.

THERE WAS BERMS SET UP. I'M THINKING THERE IS ALREADYING THE HAPPENING HERE AND IT'S STILL CITY PROPERTY.

THAT WAS THE BEGINNING FOR ME OF WHAT WAS HAPPENING.

ICON TACTED FOUR CITY COMMISSIONERS AS WELL AS SOMEBODY ON THE PAB AND REQUESTED THEM TO COME VISIT THE SITE WITH ME AND WALK IT. WHICH THREE OF THEM DID AND EVERYBODY ELSE DID IT ON THE PHONE AND I PRESENTED THIS INFORMATION. JACOB IF GOUDA TO STAFF TWO.

THIS WILL 74 WITH THE TIME LINE. THESE WHAT WE STARTED DOING WAS LOOKING AT GOOGLE MAPS AND AERIALS AND TRYING TO PUT TOGETHER A HISTORY. WE'RE REAL FAMILIAR WITH THIS.

WE'VE SEEN ALL OF THIS TONIGHT. THIS IS 2014.

THIS IS THAT IS EXISTING AND THEY HAD SOME RETENTION PONDS.

NEXT SLIDE. SO THIS IS MARCH OF 2017.

NO CHANGE. YOU SEE THE WETLAND DELINEATION LINE ON THERE. NEXT SLIDE SHOWS FLOOD AREA.

THIS A LITTLE HIGHER. THIS IS OCTOBER 30TH 2017.

ALL OF THAT VEGETATION THAT WE HAD SEEN PREVIOUSLY IS GONE.

THAT LAST OVERLAY THAT WE SAW WITH THE VEGETATION MAP WAS ON THAT FIRST SLIDE WHEN IT HAD ALL THE TREES AND HAD EVERYTHING.

SO THIS AREA RIGHT HERE, THAT IS GONE.

THAT IS GONE. SO THIS IS WHERE THE HUGE RED FLAG WENT OFF FOR ALL OF US. WEST ROCK PULLED THE APPLICATION FROM THE PAB FIVE DAYS LATER ON 7/11.

THEY PULLED THE REQUEST FOR VACATING THE RIGHT OF WAY.

I DID FIND OUT THROUGH FREEDOM OF INFORMATION ACT ON JULY 10 WEST ROCK APPLIED FOR A EXCEPTION FROM AN ENVIRONMENTAL RESOURCE PERMIT. I'LL GET BACK TO THAT IN A MOMENT. ON THE 12TH MARTIN SENT A LETTER TO WEST ROCK DESCRIBING THEIR UNPERMITTED CONSTRUCTION ACTIVITY AND A LEVY OF AFTER THE FACT FINES.

IF YOU'LL GO TO SLIDE D LETTER. THAT LETTER OF JULY 12 IS FROM CITY MANAGER TO THE C.E.O. OF WEST ROCK IN ATLANTA.

AND HE SAYS A FEW THINGS OF IMPORTANCE.

THE EXTENSIVE WORK ON CITY OWNED PROPERTY AND ELSEWHERE ON THE WEST ROCK SITE HAS BEEN ONGOING WITHOUT REVIEW AND PERMITTING OF THE CITY. THE GENERAL ATTITUDE OF COMPLIANCE IS DIN CONCERTING. IT L LIS ME TO REQUEST THE EFFECTIVENESS OF ANY PARTNERSHIP WITH WEST ROCK.

THE ARROGANCE OF LOCAL WEST ROCK OFFICIALS SUN ACCEPTABLE.

>> WHAT IS THE DATE ON THAT LET SENATOR.

>> THAT IS JULY 12, 2019. >> I CAN'T SEE THAT.

>> AUGUST 1 SO WE AS A CITY LEVIED FINES AGAINST WEST ROCK FOR AFTER THE FACT PERMIT FINES OF ALMOST $250,000.

ON AUGUST 1 WEST ROCK APPEALED THE FINES AT OUR CODE ENFORCEMENT MEETING. AT THIS MEETING THIS IS LIKE THE CRUX. WHAT CAME UP IN THE APPLICATION OR THE BACKUP MATERIAL SHOWS THE PERMIT SUBMITTED BY WEST ROCK WAS NOT UNTIL NOVEMBER 9 OF 201. THAT PICTURE WE LOOKED AT A FEW MINUTES AGO WAS OCTOBER OF THE YEAR PRIOR.

[01:45:02]

THEY HAD DONE ALL OF THIS WORK WITHOUT ANYTHING GOING TO THE CITY. NO CONSTRUCTION PLANS, NO PERMIT REQUESTS, NOTHING. IF YOU GO TO SLIDE DEMINIMUS AND SCROLL DOWN TO PAGE 8 THERE IS A GRAPHIC.

>> >> PAGE EIGHT.

KEEP GOING. THAT'S IT.

CAN YOU MAKE THAT A LITTLE BIT SMALLER? THIS PHOTOGRAPH SUPPLIED BY WEST ROCK SUBMITTED TO THE STATE FOR DE MINIMUS EXCEPTION THE DATE OF THE APPLICATION WAS JULY 10 OF 2018. CLEARLY THE PHOTOGRAPH WAS TAKEN PRIOR TO THE DAY IT WAS SUBMITTED OR MAYBE THAT DAY.

SO THE LATEST THIS WAS TAKEN WAS 2018.

FROM OUR PLANNING DEPARTMENT THEY SUBMITTED FOR A PERMIT ON NOVEMBER 9, FOUR MONTHS AFTER THIS PHOTOGRAPH WAS TAKEN.

THAT IS MOST OF THE BACKGROUND HISTORY.

A COUPLE OF THINGS I WANT TO BRING UP FROM WHAT THEY TALKED ABOUT TODAY. THEY DID APPLY TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND FOR THE REQUEST OF EXCEPTION TO PERFORM PUT THAT CAP THE PILING CAP ON IT.

AND IN THE LETTER FROM ENVIRONMENTAL PROTECTION ON AUGUST 2 THEY SAY YOUR PROJECT QUALIFIES HOWEVER THIS LETTER DOES NOT RELIEVE YOU FROM THE RESPONSIBILITY OF OBTAINING OTHER FEDERAL, STATE OR LOCAL ON THIZATIONS THAT MAY BE REQUIRED FOR THE ACTIVITY. THIS IS A LOT OF INFORMATION.

I UNDERSTAND THAT. AND I KNOW YOU KNOW WHAT OUR CODES ARE. BUT I THINK THE IMPORTANT THING HERE IS THIS BRINGS US TO WHERE WE ARE TODAY AND I FLAGGED IN OUR COMP PLAN AND OUR LDC A FEW MORE THAN JACOB HAD IN HIS.

WE HAVE A LOT OF VIOLATIONS IN THIS SITUATION.

WE HAVE THE WETLAND PROTECTION THEY ARE SEEKING A VARIANCE FROM. 110501 IS COMPLIANCE WITH LOCAL ORDERS AND DEVELOPMENT PERMITS AND STATES ANY DEVIATION FROM THE LOCAL DEVELOPMENT BORDER AND SUBSEQUENT DEVELOPMENT PERMITS SHALL REQUIRE ADDITIONAL REVIEW. THE CITY SHALL RECEIVE PRIOR APPROVAL PRIOR TO COMMENCEMENT. ALL THE LANGUAGE IS FORWARD SPEAKING. IF THIS IS GRANTED.

THEN YOU CAN GO AHEAD. THE PROBLEM HERE IS IT'S DONE.

IT'S OVER. SO ARE YOU GOING TO MAKE THE MOVE OF $3 MILLION STACKER, PROBABLY NOT.

WHAT IS OUR RECOURSE HERE? THE VIOLATIONS 110801 IT SHALL BAY VIOLATION TO USE OR DEVELOP PROPERTY WITHOUT DEVELOPMENT PERMITS WHICH EVEN UNDER VARIANCES.

110201 SECTION D LIMITATIONS THE GRANT OF A VARIANCE, SUBSECTION 2, A VARIANCE SHALL NOT BE GRANTED WHICH AUTHORIZES ANY USE OR STANDARD WHICH IS NOT -- THAT IS PROHIBITED BY THE CITY'S COMPREHENSIVE PLAN. WE GO TO THE COMPREHENSIVE PLAN AND I'M NOT GOING TO READ ALL OF THOSE THINGS, THE TWO MAJOR AREAS THAT STAND OUT ARE COASTAL PROTECTION AT 5.0601.

THE CITY WILL MONITOR PARTICIPATE AT ALL PERMITTING ACTIVITIES. HOW CAN WE PARTICIPATE AND

[01:50:02]

MONITOR IF WE DON'T KNOW THAT SOMETHING IS GOING ON? I LOVE THIS CITY AND I LOVE THIS ISLAND.

WEST ROCK IS ONE OF THE WORLD'S LARGEST PAPER AND PACKAGING COMPANIES AND THEY ARE THE SECOND LARGEST IN THE UNITED STATES. THEY HAVE A $15 BILLION ANNUAL PROFIT. THEY KNOW BETTER.

OR MAYBE THEY KNOW HOW TO WORK THE SYSTEM BETTER.

I THINK TONIGHT THEY DISPLAYED THE EXPERIENCE , THE EDUCATION AND THE STREET WHERE HE HAD DEAD MANY OF THE PEOPLE WORKING THERE HAVE AND THAT PROVES THEY SHOULD KNOW BETTER AND THEY SHOULD PLAY BY THE RULES. THEY CAN'T BLEED IGNORANCE.

THEY CAN'T TRY TO PIN THIS ON THEIR CONTRACTOR WHICH IS WHAT THEY ARE TRYING TO DO RIGHT NOW. THEY KNEW WHAT THEY WERE DOING.

AND ALL OF THIS COULD HAVE BEEN AVOIDED IF THEY WENT THROUGH THE PROPER PROCESS AND MOVED THIS THING TEN FEET.

THAT'S ALL WE'RE TALKING ABOUT. GET IT INTO COMPLIANCE.

DON'T JUST PUT IT WHERE YOU WANT AND SAY WE'LL PUT A BUFFER UP.

THEY DONATE TO THE BOY SCOUTS, I GET THAT.

THIS IS A BIG ISSUE AND WE ARE ERODING AWAY THIS ISLAND DECISION BY DECISION. WE CAN PRESERVE AND PROTECT IT OR WE CAN DESTROY IT. IT'S NOT A FREE PASS FOR THEM TO ASK FOR FORGIVENESS RATHER THAN PERMISSION.

THEY ARE NOT ASKING FOR FORGIVENESS.

THEY ARE HAVING FOR A VARIANCE TO ALLOW THEM TO DO SOMETHING AFTER THE FACT. REGARDING THEIR PLANTING PLAN, HOW DO WE KNOW WHEN THEY ARE GOING TO APPLY THIS AND WHAT OTHER SELECTIVE PERMITTING PROCESSES WILL THEY CHOOSE TO GO BY? I WOULD SAY WE NEED TO SEE A SPECIFIC VEGETATION PLAN AND NOT JUST SOME #S OR RED HASH MARKS BUT THE NUMBER OF MATERIALS THAT ARE GOING AND THE PLANT SIZES, ARE THEY THREE GALLON, FIVE GALLON, BURLAPPED OR CONTAINERS, WHAT IS GOING IN THERE? THEY ARE GOING TO THROW IN JASMINE AND TRUMPET VINE THAT IS GOING TO OVERTAKE THE WHOLE AREA. IT'S BLATANT DISREGARD FOR POLICY AND PROCEDURE AN YOUR ISLAND AND ALL OF US THAT PUT TIME AND EFFORT INTO THIS. IT HAMSTRINGS INTO QUESTIONING IF WE CAN UP HOLD OUR PLANS AND ORDINANCES OR COW DOWN TO THE DOLLAR. WE NEED TO SEND A MESSAGE TO OTHERS WHO CHALLENGE OUR LDC OR COMP PLAN BEFORE THEY WANT TO OR AFTER THE FACT. LASTLY I WOULD SAY WHAT IS THE VALUE OF A COMP PLAN IF SOMEBODY CAN VIOLATE A CODE AND THEN APPEAL THE FINE ONCE IT'S DISCOVERED AFTER THE FACT AND THEN APPLY FOR A RESOLUTION THROUGH VARIANCE AFTER THE FACT? I DON'T ENVY YOUR POSITION. THIS HAS BEEN A HOT TOPIC AND OTHERS ARE WATCHING. I THINK WE CAN SEE THAT TONIGHT.

WHO COMES TO THIS MEETING NORMALLY IF I WONDER WHAT THE NEXT PLEA FOR AN AFTER THE FACT WILL BE.

AND LASTLY, THE DAMAGE HAS BEEN DONE.

I WOULD ADVOCATE I'VE BEEN IN BIG BUSINESS BEFORE.

I WOULD ADVOCATE DONATE THAT $250,000 TO THE CITY'S CONSERVE SI PLAN. GIVE US A TINY BIT OF THAT PROFIT AND THEY ARE IN CLEAR VIOLATION OF CODE.

THEY DON'T MEET THE CRITERIA FOR GRANTING A VARIANCE AFTER THE FACT OR BEFORE. THANK YOU VERY MUCH FOR YOUR

TIME. >> THANK YOU FOR COMING DOWN TONIGHT. THANK YOU FOR SERVING ON THE

OTHER BOARD. >> THAT WILL BE A TOUGH ACT TO

FOLLOW. >> SHE'S VERY WELL SPOKEN.

>> I'M MARGARET KIRKLAND. I'M CHAIR OF AMELIA TREE CON SERB TORI. I'M 1373 PLANTATION POINT DRIVE.

WE ARE INTERESTED IN PRESERVING WHAT IS LEFT OF OUR FOREST AND THERE ISN'T MUCH. WE SUPPORT EVERYTHING THAT TAMMY HAS SAID ABOUT THE PROCESS. IT'S A MESS AND SOMETHING SHOULD BE DONE ABOUT IT BECAUSE PRECEDENT IS A PROBLEM.

WE HAVE LOTS OF PRECEDENTS HERE ON THIS ISLAND.

AND I'VE ONLY BEEN HERE SINCE 2011 FULL TIME.

[01:55:05]

AND I'VE SEEN LOTS OF EXAMPLES JUST IN THAT SHORT PERIOD OF TIME OF WETLANDS BEING PERMITTED OR INVASION OF WETLAND BEING PERMITTED BECAUSE OF A PRECEDENT.

SO HERE WE HAVE A PROCESS PRECEDENT TOO.

SO I WOULD LIKE FOR TO YOU THINK ABOUT WHAT THE IMPLICATIONS ARE OF THIS IN TERMS OF PRECEDENT. AND MOST I'M CONCERNED ABOUT A PATTERN I HAVE SEEN IN THE LAST FEW YEARS AND AT WEST ROCK.

IN THE SLIDES THAT TAMMY HAD UP HERE, YOU SAW WHERE THE TREES WERE. AND WHERE THEY WERE REMOVED.

A LOT OF TREES REMOVED THERE. ALSO ON CITY RIGHT OF WAY WHERE TREES WERE REMOVED, AND THEN ON ESCAMBIA BETWEEN THE ENTRANCE TO THE PLANT AND 14TH STREET, EVERY YEAR THERE ARE TONS AND TONS OF LOGS DUMPED ON THE ROOTS OF THE TREES THERE.

WHEN I FIRST MOVED HERE, I THOUGHT OK, THEY HAVE ALL OF THESE TREES THERE. IT'S

>>>> AND THEN I REALIZED THAT THEY ARE NOT, THEY ARE SLOWLY KILLING THEM THROUGH COMPACTION.OST OF THE TREES THAT DIE IN THIS COUNTRY, DIE OF COMPACTION.

AND THAT'S NOT A GOOD HABIT. WE HAVE THIS BEHAVIOR BUT WE SEE PERIODICALLY REPEATED AND I DON'T NOW HOW THAT INTERFACES WITH THE INTENT WE HAVE SEEN EXPRESSED HERE AND I THINK IT IS A GOOD ONE YOU NEED TO TAKE INTO CONSIDERATION. WEST ROCK AND EVERYONE ELSE ON THE ISLAND, IS WORKING CLOSELY WITH THE CITY AND THE COUNTY TO ENSURE THAT WE HAVE SOME SUSTAINABILITY AND THAT WE ARE DESTROYING OUR WETLANDS AND WE ARE DESTROYING ãON THIS ãWE ARE ESSENTIALLY TERMINATING OUR PSUSTAINABILITY. I HOPE THAT YOU WILL CONSIDER.

IS THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK?

>>>> I WOULD LIKE TO MAKE IT QUITE CLEAR THAT THERE ARE SEVERAL ISSUES THE CITIZENS THAT SPOKE BROUGHT UP THE SCOPE THAT THIS COURT HAS.

GIVEN BY ELECTED OFFICIALS.

WE HAVE.

ANYBODY ELSE WANT TO CLOSE OUT THE PUBLIC PORTION? MR. DAVIS WOULD YOU LIKE TO

HAVE A ãOFFICER? >>>> FOR THE RECORD.

>>>> KEEP IT QUIET, DAVIS. >>>> ãFERNANDINA BEACH.

>>>> SIX CRITERIA THREE OF WHICH THERE IS NO DISPUTE WE MEET THREE THAT ARE IN QUESTION. WE ARE IN AGREEMENT, THERE IS A SPECIAL CONDITION THAT EXISTS, THE STAFF FINDS THAT SPECIAL CONDITION EXISTS. IT'S ALSO SUPPORTED BY THE EVIDENCE WE PRESENT IN THE NOTEBOOK AND THE TESTIMONY PRESENTED BY OUR ENGINEERS AND BIOLOGISTS AND NO DISPUTE THAT THE VARIANCE SOUGHT IS THE MINIMUM NECESSARY AGAIN WE ARE IN AGREEMENT THE STAFF SAYS THAT CONSISTENT WITH AGAIN WHAT WE PRESENTED TO YOU IN THE NOTEBOOK AND THE DRAWING SENATE IS SUPPORTED BY THE TESTIMONY OF THE ENGINEERS ON THE BIOLOGISTS. THE THIRD IS CRITICAL, IT'S IN THE PUBLIC INTEREST.

[02:00:07]

MY BELIEFS AS TO WHY IT'S IN THE PUBLIC INTEREST MAY DIFFER FROM WHAT STAFF SAYS.

STAFF GIVES ITS REASONS AND ITS REPORT AS TO WHY IT'S IN THE PUBLIC INTEREST ON BEHALF OF THE CLIENT THE PUBLIC INTEREST IS ãPUBLIC INTEREST IS SIMPLY THIS.

IT IS CHARGED WITH AND COMMITTED TO KEEPING STORMWATER RUNOFF AND EROSION OUT OF THE WEAPONS OF THE ãRIVER THAT'S THEIR PUBLIC INTEREST. THAT'S WHY THEY SPENT THEIR MONEY TO DO WHAT THEY DID. SO WHERE DO WE DISAGREE? WELL.

WE DISAGREE ON LITERAL INTERPRETATION. I SUBMITS THE OVERRIDING CRITERIA IS FOUND IN THE CITY'S OWN COMPREHENSIVE LAND USE PLAN WHEN IT TELLS US THAT THE CITY INTERPRETS THAT VEGETATIVE BUFFER MUST BE UNDISTURBED. THE COMP PLAN TELLS YOU WHAT MIGHT BE IN THE BUFFER. THE COMPREHENSIVE PLAN I SUBMITS IS THE OVERRIDING CRITERIA TO BE APPLIED AND IT SAYS THAT WHEN YOU ARE DOING THIS BUFFERING, YOU MAY HAVE THESE COMPONENTS. AND SO WE ASK YOU TO LITERALLY INTERPRET WHAT A BUFFER IS BY USING THE LANGUAGE THAT IS LITERALLY FOUND IN YOUR OWN CITY COMPREHENSIVE LAND USE PLAN AND DO NOT INTERPRET IT DIFFERENTLY FROM WHAT IS FOUND IN THE COMPREHENSIVE LAND USE PLAN. LET'S TAKE IT A STEP FURTHER. THEY ALSO TELL US WHAT THE PURPOSE OF THE BUFFER IS. LITERALLY, THE CITY TELLS US WHAT THE PURPOSE OF THE BUFFER IS. WE ARE NOT TALKING ABOUT A SETBACK FROM ONE POINT TO ANOTHER POINT, PROPERTY LINE OR ANYTHING LIKE THAT. WE ARE TALKING ABOUT A PURPOSE DRIVEN DEFINITION. WHAT IS THE PURPOSE? THREE THINGS.

EROSION CONTROL. STORMWATER MANAGEMENT. HABITAT.

TO WE MEET THE CRITERIA OF THE BUFFER DEFINITION? YES.

IS THE PURPOSE OF THIS BUFFERING MAGIC BY WHAT WEST ROCK HAS DONE? AGAIN, THE ANSWER IS YES. CHECK THE CLOCKS BECAUSE THE LITERAL INTERPRETATION MEETS THE CRITERIA. SO WE ASK YOU TO FIND, AND I WILL SUGGEST TO YOU, ANY MOTION MADE, THAT YOU SAY THAT A LITERAL INTERPRETATION OF THE TERM BUFFER AS FOUND IN THE CITIES COMPREHENSIVE LAND USE PLAN SPECIFICALLY INCLUDES THE BERMS, WALLS, FENCES AND HAS BEEN EMPLOYED BY THE APPLICANT BECAUSE THERE IS NO DISPUTE ON THAT POINT.

SECOND, DOES IT CONFER A SPECIAL PRIVILEGE ON THE APPLICANT? THE CITY STAFF SAYS WE DISAGREE. THERE IS NO SPECIAL PRIVILEGE CONFERRED WHEN YOU ACT TO STOP STORMWATER RUNOFF AND EROSION FROM AN INDUSTRIAL SITE INTO A PROTECTIVE ãTHE BURDEN IS ON THE APPLICANT AND THEY SPENT THEIR MONEY TO STOP THAT.

YOUR RECORD CLEARLY SHOWS THAT PLAN WAS PART OF THEIR PLANNING FOR THIS PROJECT.

AND IT PREDATED THE CONSTRUCTION IT GOES BACK TO 2017.

WHERE THOSE PLANS WENT, I DON'T HAVE AN ANSWER BUT WE KNOW THAT THEY WERE MADE.

WE NOW BECAUSE THE CITY CODE REQUIRES THAT THAT YOU HAVE TO HAVE THAT PLAN, THAT STORMWATER MANAGEMENT AND AS PART OF YOUR PERMITTING APPLICATION AND WE KNOW THAT PERMIT WAS ISSUED, LOGIC DICTATES THAT IT WAS THERE. WHERE IT WENT, I DON'T KNOW.

E KNOW THAT SOME OF THE CITY SENT OUT PLANS TO ALABAMA TO HAVE THEM REVIEW.

[02:05:06]

I DO KNOW WE GOT THE PERMIT. I KNOW THE PLANNING FOR THE PROJECT INCLUDED THIS AS PART OF THE SYSTEM TO COME FROM THIS SITE. SO IT WAS BUILT, ãSPECIAL PRIVILEGE AND I WILL SUGGEST TO YOU THAT IN A MOTION AS TO THAT PARTICULAR ITEM YOU FIND THAT AS CONSTRUCTED INCLUDING THE VEGETATION TO BE PLANTED, IT MEETS OR EXCEEDS THE 25 FOOT WIDTH WHEN COMPLETED AND IT CONFERS NO SPECIAL PRIVILEGE IS GRANTED TO THE APPLICANT BY THIS ENHANCED BUFFERING SYSTEM AS IT DOES NOT GENERATE ANY INCOME FOR THE APPLICANT.

NOR IS IT NECESSARY FOR THE FUNCTION OF THE ADJOINING OPERATION.

ITS FUNCTION IS TO MINIMIZE EROSION AND STORM WATER INTRUSION INTO THE ADJOINING ã AGAIN, THIRD THING AND THERE WAS DISAGREEMENT. BECAUSE WE DISAGREE DOESN'T MEAN WE ARE ENEMIES, IT JUST MEANS WE DISAGREE. AND THAT IS THE ISSUE WITH GENERAL HARMONY. THE USE OF RETAINING AND RETENTION WALLS ALONG THE WATERFRONT OF AMELIA ISLAND IS APPARENT TO ANYONE WHO WANTS TO OPEN THEIR EYES AND LOOK FROM THE SOUTH TO THE NORTH AND THE ABSENCEOF SOME TYPE OF RETAINING WALL SYSTEM WOULD BE MORE UNUSUAL THAN HIS PRESENCE IN THE USE OF RETAINING WALLS IS NOT JUST FOR THE INDUSTRIAL LOCATIONS. THEY ARE AT THE INDUSTRIAL SITE THERE AT THE CITY MARINA THERE ALL ALONG THE WATERFRONT AND THEY HAVE DIFFERENT FORMS SO THERE IS NO LACK OF HARMONY AS A PRACTICAL MATTER WHEN YOU EXAMINE WHAT WAS DONE AND WHERE IT WAS DONE IN THE PURPOSE FOR WHICH IT WAS DONE. AND SO I WILL SUGGEST TO YOU IN A MOTION TO APPROVE THE APPLICATION FOR THE VARIANCE THAT THE USE OF THE RETAINING WALL AND THE TRANSITION BETWEEN WETLANDS AND UPLAND'S IS GENERALLY CONSISTENT WITH THE HARMONY WAS BOTH INDUSTRIAL AND COMMERCIAL PRACTICES AND WITH THAT, I WILL CLOSE WITH THIS COMMENT, LET'S APPLY A HEAVY DOSE OF COMMON SENSE TO THIS PROBLEM. THE PURPOSE OF THAT WALL IS NOT TO HAVE A WALL. THAT'S NOT WHY WE ARE HERE. THE REASON WHY YOU HAVE A WALL REASON WHY MY CLIENT SPENT OVER $800,000 TO HAVE A SYSTEM THAT PREVENTS EROSION AND STORMWATER RUNOFF INTO A RETAINING WETLANDS. IT WAS DESIGNED WITH THE INPUTS OF THE ARMY CORPS OF ENGINEERS THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION TO ACHIEVE THAT PURPOSE AND THE FAILURE OF WEST ROCK WOULD BE IF THEY DID NOT DECIDE IN ORDER TO ACCOMPLISH THAT PURPOSE IF THEY HAD TAKEN THE CHEAP WAY OUT AND JUST SAID KEEP IT VEGETATIVE THEY WOULD NOT HAVE THE FUNCTION THAT YOU HAVE WITH THE SYSTEM THAT WAS DESIGNED.

>>>> THANK YOU MR. DAVIS. >>.

TO YOU ALL BUT I SUBMIT IF YOU DO OPEN IT IT IS FULLY OPEN.

>>>> I WILL OPEN IT. >>>> THANK YOU VERY MUCH.

DEBBIE WITH IN 108 OCEAN RIDGE DRIVE FERNANDINA BEACH. I COMPLETELY SUPPORT WHAT TAMMY SAID AND WHAT MARGARET SAID BUT I ALSO WANTED TO BRING UP THAT TAMMY BROUGHT UP A POINT WEST

[02:10:04]

ROCK WAS CHARGED $250,000 FOR SOMETHING THEY DID WITHOUT ASKING PERMISSION AND THIS IS NOT THE KIND OF THING YOU CAN FORGIVE BUT THEY HAVE NOT ACTED ON IT.

THEY HAVE NOT PAID ANYTHING. THEY HAVE NOT SAID ANYTHING TO THE CITY SAYING I'M SORRY ACKNOWLEDGING THE FACT. THEY ARE SAYING THEY WANT TO DO VEGETATION THE RIGHT WAY.

THE VEGETATION WAS THE WAY IT WAS SUPPOSED TO HAVE BEEN AND IF THEY DIDN'T ANSWER THE CITY BACK AND SAY SOMETHING ABOUT THAT ãTHAT THEY WERE LIVING WHAT MAKES YOU THINK THEY'RE GOING TO ACT ON ANYTHING ELSE HE SAID HE IS SAYING COMMON SENSE, COMMON SENSE IS TO NOT LISTEN TO THEM RIGHT NOW I COMMON SENSE IS TO FOLLOW WHAT YOU SEE IN TAMMY'S PRESENTATION AND MARGARET'S PRESENTATION BECAUSE THEY SHOW WHAT THE FACTS ARE.HE DAYS THOSE THINGS HAPPEN AND IT'S NOT EXACTLY IN THE ORDER THAT THEY SAID SO I WANTED TO BRING UP THE FACT THAT $250,000 IS A LOT OF MONEY AND TO NOT ACKNOWLEDGE THEY DID SOMETHING WRONG IS A WRONG IN ITSELF. THANK YOU FOR OPENING IT UP.

>>>> THANK YOU FOR COMING DOWN TONIGHT.

>>>> I JUST WANT EVERYONE, I WANT TO FEEL BETTER, AGAIN, NATIVE BORN AND RAISED.

I LOVE THE CITY, I LOVE THE COUNTY. I LOVE ALL OF THE OFFICIALS ELECTED AND VOLUNTEER. WE DO OUR BEST TO BE GOOD NEIGHBORS AND TO BE TRANSPARENT AND THE PROJECTS THAT TAMMY MENTIONED WERE THREE DIFFERENT PROJECTS AND THREE DIFFERENT PROJECTS WETLAND DELINEATION IS ã2017 WE HAD PEOPLE SUBMIT THOSE THINGS AND OUR GENERAL MANAGER MEETS WITH THE CITY MANAGER WE TRY TO HAVE TRANSPARENCY AND WE APPLY FOR EVERYTHING IN A TIMELY MANNER. WE DO OUR BEST AND THAT'S ONE OF THE CORE VALUES TO DO WHAT'S RIGHT. THAT'S WHAT I'M GOING TO SAY.

>>>> THANK YOU SO MUCH. >>>> ANYONE ELSE WHO WOULD LIKE TO SPEAK? YES SIR.

>>>> JACK AMBER 1003 BURNHAM STREET. I WOULD LIKE TO ADDRESS CLIVE'S COMMENT ABOUT PUBLIC INTEREST THIS IS A CATCHPHRASE THROWN AROUND TOO MUCH AS OFTEN AS THE PHRASE COLLATERAL DAMAGE. IT'S LIKE SAYING WE CAN SCREW UP BUT AS LONG AS IT'S IN THE FINANCIAL INTEREST OF THE COUNTRY WHICH WILL EVENTUALLY TRICKLE DOWN IN EVERYTHING WE DO IS OKAY AND AS FAR AS PEOPLE COMING UP HERE WITH CERTIFICATIONS.

THAT IS JUST DUCKY AND LOVELY BUT ANYBODY WHO HAS EVER HAD WORKED ON CAN TELL YOU THAT YOU CAN CERTIFY AMONG KEY BUT IT DOESN'T MEAN HE IS GOING TO DO A GOOD JOB.

PERFORMANCE IS EVERYTHING. AND I JUST WANT TO REPEAT AGAIN, THE PLANS WERE APPARENTLY LOST ACCORDING TO CLIVE AND I DON'T HAVE A LAW DEGREE BUT I SPEAK LEGALESE AND I KNOW IF YOU DON'T HAVE EVIDENCE, IF YOU SAY IT MUST HAVE EXISTED LOGICALLY, THAT'S NOT GOOD ENOUGH. IF YOU DON'T HAVE EVIDENCE AND IT NEVER EXISTED I AM PRESENTING TO YOU THAT PLAN NEVER EXISTED. WHERE IS IT?

THANK YOU. >>>> THANK YOU SIR.

IS THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK? WE WILL CLOSE THAT OUT SPEAK NOW OR FOREVER HOLD YOUR PEACE. ALL RIGHT. LET'S TALK ABOUT ãIT SEEMS THE ISSUE WE HAVE TO FOCUS ON IS ã WE DON'T HAVE CONTROL OVER THESE OTHER ISSUES SO LOOKING AT THAT, FROM WHAT I HAVE HEARD, IS THERE ANY BASIS, YOU SAY THE INTERPRETATION SEEMS TO

[02:15:08]

BE A 25 FOOT VEGETATION SHOULD BE ON THE LAND DEVELOPMENT ã AND LIKELY HAVE HEARD REALLY JUST DOESN'T SEEM TO MAKE A LOT OF SENSE BECAUSE AS WE HEARD A COMPREHENSIVE PLAN HAS MORE DETAIL AND USUALLY PLAUSIBLE CONSTRUCTION 101 SEEMS LIKE THAT WOULD BE THE FIRST THING WE WILL LOOK AT SOME OF OUR OWN COMPREHENSIVE PLAN HAS MORE INFORMATION AND IT SAYS YOU CAN'T HAVE WALLS AND BUFFERS AND THE DEPARTMENT OF ENVIRONMENTAL PROTECTION SAYS THE SAME THING YOU CAN HAVE A WALL BUT HOW DO WE GET THAT INTERPRETATION THAT YOU HAVE 25 FEET OF JUST VEGETATION THAT WOULD BE THE EASY WAY TO DO IT AND IT CERTAINLY WOULD HAVE BEEN GOOD ENOUGH. THERE'S ALMOST AN ARGUMENT THAT THEY DON'T EVEN NEED A VARIANCE HERE. THEY COULD JUST DO THIS, AND THEY HAVE THE BUFFER.

THEY HAVE GONE ABOVE AND BEYOND. IS THERE HISTORY? HAVE WE REQUIRED VEGETATION EVEN WHEN PEOPLE WANT TO IMPROVE UPON THAT?

IT JUST DOESN'T MAKE ANY SENSE. >>>> THE DEFINITIONS IN THE COMPREHENSIVE PLAN WE DEFINED BUFFER MOST OF THOSE DOCUMENTS AND GOALS OBJECTIVES AND POLICIES THE CITY'S LAND DEVELOPMENT CODE THE CITY'S LAND DEVELOPMENT CODE DOES NOT INCLUDE NATURAL RESOURCES AND THAT DEFINITION IN THE LAND DEVELOPMENT CODE.

WHAT IS REFERRED TO IN THE BUFFER SECTION OF THE REQUIREMENTS IS A BUFFER ZONE OF NATIVE VEGETATION AND WE DEFINE A WETLAND PROTECTION ZONE AS THE AREA WITHIN 25 FEET SO THAT IS WHAT I AM REFERRING BACK TO THE CONTENTS OF THE PLAN FOR MORE DETAIL AN IN-DEPTH DEFINITION REFERRING TO IT'S NOT JUST LAND USE BUFFERS WHICH YOU TYPICALLY SEE BETWEEN RESIDENTIAL AND COMMERCIAL AND INDUSTRIAL ãTHE COMPREHENSIVE PLAN DEFINITION NOTES SPECIFICALLY THAT BUFFERS APPLY FROM LAND USE DIFFERING LAND USE AND THEY ALSO APPLY FOR NATURAL RESOURCES AND SPECIFICALLY STATES WALLS AND FENCES ARE PERMITTED AND TRANSLATED INTO THE LAND DEVELOPMENT CODE THAT DETAIL PROVISION AND THERE ARE DIFFERENT ALLOWANCES TO PERMIT AGENCIES AND THE CITY DOES HAVE A MORE STRICT AND BUFFER DEFINITION IT SPECIFICALLY SAYS NO DISTURBANCE WITHIN THAT AREA SO THERE'S GOING TO BE A STAFF INTERPRETATION FROM THE TIMELINE WORKED FOR THE CITY AND THAT'S COMING THROUGH OUR WETLAND PROTECTIONS DEFINITION AND LAND DEVELOPMENT CODE AND KNOW THAT 25 FOOT BUFFER ZONE, NATIVE VEGETATION SO WE DON'T WANT TO DEFINE THE BUFFER IN THE LAND DEVELOPMENT CODE SO LOOKING AT THE BUFFER DEFINITION AND THE COMPREHENSIVE PLAN OF THE

PROTECTION ZONE AND WHAT IS REFERRED TO IN THAT SECTION SO >>>> AS A FOLLOW-UP THERE'S A LOT OF DEFINITION. THERE IS NO DEFINITION OF WETLANDS BUFFER.

SO IF WE ARE TALKING ABOUT A BUFFER THAT'S WHAT WE'RE TALKING ABOUT A NATIVE

[02:20:06]

VEGETATION BUFFER THERE IS NO DEFINITION OF A WETLAND BUFFER WOULDN'T THAT BE THE MOST LOGICAL DEFINITION WE WOULD USE FOR THE PROTECTIONS THAT'S NOT SPECIFIC SO WOULD THAT BE A NATURAL DEFINITION ESPECIALLY SENSE ALL OF THESE OTHER AGENCIES THAT GOVERN ALL OF THIS WE HEARD THEIR EXCERPT, SPECIFICALLY THE RULE ALLOWS IT TO BE IN THE BUFFER SO THAT SEEMS TO BE COMMON USES IN THE BUSINESS AND AGAIN I DON'T SEE HOW YOU CAN SAY SHE IS 25 FEET OF NATIONAL VEGETATION WE ARE LOOKING AT THOSE OBJECTIVES AND OVERALL ARCHING GOAL AND GOALS TO PROTECT WETLANDS AND THE TRANSITION AREAS AND TAKING A HARD-LINE STANCE OF NO DISTURBANCE OF ANY KIND THOSE ARE THE TYPE OF DISCREPANCIES THEY HAVE TO PROVIDE ãTHE BOARD HAS TO CONSIDER THE STAFF IS LOOKING AT 25 FEET IS 25 FEET AND NO DISTURBANCE WITHIN THOSE BUFFERS AND POINTING OUT THE AGENCY REQUIREMENTS AND ALLOWANCES AND I HAVE HIGHLIGHTED THAT IN THE SUMMARY STATEMENT THERE THE LAND DEFINITION OF WHAT THE BUFFER SPECIFICALLY SAYS BETWEEN NATURAL RESOURCES AND IT DOESN'T SAY.

>>>> YOU DID SAY IT DID INCLUDE WALLS AND FENCES? THE TERM BUFFER.

READ IT AGAIN. >>>> ABSOLUTELY.

>>>> WHILE YOU ARE LOOKING FOR THAT WE HAVE ã >>>> LET'S JUST LET HIM IF YOU DON'T MIND. THANK YOU SIR.

>>>> THE DEFINITION OF BUFFER SPECIFICALLY READS LAND AREA LANDSCAPING PROVIDED TO SEPARATE ANY USE THAT MAY HAVE A NEGATIVE IMPACT ON ADJACENT USE FOR NATURAL RESOURCE AND MAY INCLUDE PHYSICAL BARRIERS VEGETATIVE BERMS HEDGES LANDSCAPE COVERS FENCES AND LAND AREA WITH DENSE VEGETATION AND THEN IT GOES ON TO REFERENCE ALL OF THE POLICIES WHERE BUFFER IS STATED AS YOU CAN SEE THOSE POLICIES I REFERENCED AND CHAPTER 5 ARE INCLUDED IN THOSE POLICY REFERENCES.

>>>> YOU SHOULD.

[02:25:01]

YOU WHAT CAN I DO WITHIN YOUR 25 FOOT BUFFER? WHAT WOULD YOU TELL HIM?

>>>> DON'T EVEN WALK OUT THERE >>>> I THINK THAT'S WHAT OUR BUFFER SECTION EXCUSE ME.

I TAKE THAT BACK. THAT SPECIFICALLY IS WHAT 301B SAYS FOR BUFFER ON WETLANDS WE HAVE A DEFINITION OF BUTLER AND A BUFFER DEFINITION OF CITIES.

BACK THIS UP. EVERYBODY.

SO THERE'S NO DISPUTE THERE. THE OUTCOME BACK TO THIS PERMIT.

>>>> WE HAVEN'T SEEN THE NUMBERS AROUND THE BUFFER ACTUALLY AND IT'S ALREADY THE WOODCHIP PILE IS ALREADY THERE SO TO HAVE A WALL WOULD PROBABLY MAKE MORE SENSE SO TO SPEAK SO IT'S IN THE INTEREST OF.

>>>> AT ONE POINT I WANTED TO SAY THE DRAWINGS I WAS LOOKING AT LOOK LIKE THEY WERE 15 FEET AND THE CLOSEST POINT SO THEN IT WOULD SEEM LIKE THERE IS SOME THAT WE COULD JUST THROW OUT THAT DOESN'T PERTAIN TO THIS THE AGGREGATE TOTAL IN MY RIGHT ON THIS? IT DOESN'T MATTER HOW MUCH WE COME AROUND THE WETLANDS THAT'S REALLY WHERE WE ARE LOOKING

>>>> IT'S A DEMARCATION. >>>> WELL I DON'T KNOW.

I THINK A BARRIER, PARTICULARLY LIKE THIS BETWEEN THE WETLANDS, LIKE JACOB IS LOOKING AT IT 25 FEET. I HAD TO PUT SOMETHING IN IT TO KEEP THE WATER FROM MOVING DOWN PROBABLY A VERY GOOD IDEA AND IF THE BUFFER IS TO SEPARATE WETLANDS FROM PHYSICAL ACTIVITY AND THIS IS PART OF IT WITHIN THE 25 OR 35 FOOT I DON'T SEE ANY PROBLEM WITH THAT WALL.

OKAY? >>>> I DON'T THINK THE QUESTION IS, IF THE WALL IS PRACTICAL AND SERVES A PURPOSE IF THERE IS FLOODING COMING IN BUT ACTUALLY IS A DUAL PURPOSE AND I DON'T THINK THAT'S THE QUESTION.

I THINK THE FACT THAT THEY ARE.

>>>> I AGREE WITH THAT 100 PERCENT SO THE GAP IN THE CHIP WALL IS ALREADY THERE SO NOW WE HAVE TO DEAL WITH THAT. BECAUSE IT IS AFTER-THE-FACT FOR SURE.

WHAT WOULD BE BETTER JUST HAVING THE NATURAL VEGETATION? IT'S VERY MINIMAL RIGHT NOW OR HAVING A WALL THAT WILL ALLEVIATE THE RUNOFF BASICALLY.

>>>> AS IT WAS PRESENTED IN THE PUBLIC EYE DOCUMENTATION CAN DEMONSTRATE WITH THE SCOPE OF THAT ACTUALLY IS AND HOLD THAT ACCOUNTABLE AND THE QUALITY OF PLANS ON THE SIZE OF THE PLANS IS ALL DOCUMENTED AND PRODUCED BY A LANDSCAPE ARCHITECT AND BE HELD ACCOUNTABLE TO THAT.

THAT'S HOW YOU FOLLOW THROUGH WITH THAT.

>>>> SO BACK TO THE PERMIT. HOW DID WE GET HERE?

>>>> THIS PERMIT WAS SUBMITTED AND THAT INCLUDED PLANS.

ABOUT A WALL AND NO QUESTION ABOUT IT THE CITY SHOULD HAVE ACQUIRED ADDITIONAL INFORMATION

[02:30:10]

IT ASKED FOR GIVEN THE LOCATION THAT TO BE PROVIDED THE PERMIT WAS ISSUED AND THERE IS NO DENYING THAT A PERMIT WAS ISSUED. AND I CURRENTLY BELIEVE THERE ARE ADDITIONAL, IT'S VAGUELY REFERENCED SHOULD HAVE BEEN ADDITIONAL INFORMATION

REQUESTED >>>> THERE ARE MORE DOCUMENTS.

>>>> LET'S COME BACK TO THAT. THIS WILL BE DIRECTED TO YOU. DO WE HAVE TO MAKE A DECISION TONIGHT OR CAN WE ASK FOR ADDITIONAL DOCUMENTATION?

>>>> SURE YOU CAN. >>>> IT WOULD SEEM LIKE WHAT JACOB WAS SAYING, AND WHAT MR. ROSS WAS SAYING, THE GOVERNMENT HAS TO OPERATE AT THE HIGHEST MORAL AND ETHICAL STANDARDS IF WE ISSUE THEM A PERMIT, EVERYONE IN THIS ROOM TONIGHT IS THE GOVERNMENT. IT'S A REPUBLIC. IF WE ISSUE THEM A PERMIT, IF THEY BUILD THAT ACCORDING TO THE PERMIT THAT WE ISSUE THEM, AND WE SIGN OFF ON IT, I LIKEN THAT TO SOMEONE WHO OPENS A RESTAURANT AND HE GETS READY TO OPEN IT UP AND YOU DON'T HAVE ENOUGH PARKING YOU CAN'T OPEN IT UP BUT WE HAVE TO HONOR THAT WE HAVE TO CAPTURE THOSE LESSONS AND BECOME SMARTER SO WE PROTECT OUR ENVIRONMENT AND CAN WE ASK FOR THAT DOCUMENTATION AND WHAT WOULD BE THE CORRECT PROCEDURE TO DO THAT?

>>>> YOU WOULD CONTINUE YOUR HEARING IN THE FUTURE SO EVERYONE IS ON NOTICE FOR WHAT THE CONTINUATION DATE IS FOR THE HEARING AND REQUEST, IF IT'S THE CITY OR THE APPLICANT, THE INFORMATION THAT YOU WANT. MAKE SURE IT'S AVAILABLE FOR THE NEXT HEARING.

OR FOR THE CONTINUED DATE. >>>> IS THERE SOME DISCUSSION

ABOUT THAT? >>>> I THINK THAT WOULD BE A GOOD IDEA I BELIEVE YOU MENTIONED THAT YOU HAVE DOCUMENTATION FROM THESE OTHER DEPARTMENTS FROM ST. JOHN'S RIVER AND FROM THE DEP AND SOME OTHER DOCUMENTATION THAT WAS APPROVED INITIALLY FOR THIS PROJECT.

>>>> I JUST WANT TO MAKE SURE.

I CAN MAKE SURE YOU GET IT. >>>> I MAY MENTION FOR RAY ãOF THIS NATURE I BELIEVE YOU HAD TO GO BEFORE THE ST. JOHN'S RIVER AUTHORITY AND

>>>> SO PERMITTING FROM THE ARMY CORPS OF ENGINEERS.

>>>> THE CORPS OF ENGINEERS. >>>> OKAY.

ALL RIGHT. >>>> DO YOU WANT JUST THE PERMIT OR THE SUPPORTING DOCUMENTATION? YOU WANT EVERYTHING?

THE WHOLE PACKAGE? >>>> ELECTRONICALLY.

>>>> CAN WE DO THAT? >>>> THERE IS NO REASON YOU

CAN'T GIVE A PDF. >>>> WE WILL TRY TO BE AS COMPLIANT AS WE POSSIBLY CAN. WHAT ELSE?

>>>> I WOULD LIKE TO SEE MORE NUMBERS BECAUSE YOU KEEP SAYING AVERAGE OF 35 FEET FOR THIS BUFFER. MAYBE MORE NUMBERS.

>>>> OKAY. JUST THE DELINEATION?

>>>> SO WE CAN SEE WHERE YOU'RE GETTING 35 FEET. BECAUSE I SEE 15 IN SOME AREAS.

[02:35:02]

>>>> ALL RIGHT. >>>> SO ãWITH THE GROUNDCOVER AND THE VEGETATION THAT YOU ARE HAVING TO DO OUT THERE PROCEED WITH THIS PROCESS BEFORE WE

COMBAT? >>>> IF THAT DOES NOT GIVE OFFENSE TO THE BOARD, I WILL SAY AS A GARDENER, NOW IS THE TIME YOU WANT TO PUT YOUR

PLANTS IN THE GROUND. >>>> I WOULD SUGGEST I THINK IT WOULD BE NICE IF YOU CAN COME BACK AND LOOK AT IT.

>>>> I WOULD AGREE. >>>> YOU CAN SEE THE RESTAURANT IS DOING A GOOD JOB OF THAT BECAUSE APPARENTLY YOUR RECORD IS NOT THAT GOOD.

>>>> IT WILL BEGET THESE CASES AND WERE ABLE TO GO AND SEE >>>> I WILL SAY I HAD TO GO THROUGH SAFETY ORIENTATION REQUIREMENTS YOU WOULD HAVE TO GO THROUGH TO DO A SITE VISIT.

>>>> OSHA CERTIFICATION. >>>>.

THROUGH IT. >>>> AND YOU NEED TO DO THAT

INDIVIDUALLY. >>>> I DON'T KNOW IF THE BOARD CAN DELEGATE TO INSPECT WHATEVER IS MOST CONVENIENT I THINK IS PROBABLY BETTER TO TAKE ME OUT OF THE LOOP AND IF IT'S ALL RIGHT IF WE CONTACT.

>>>> ERIC SCHMIDT 6405 SPYGLASS CIRCLE. THERE ARE CONCERNS ABOUT SAFETY AND GOING OUT TO OUR SITES WE HAVE TO WORK THROUGH SOME LEGAL ISSUES AND I GUESS WHAT I HEARD WAS A CONCERN ABOUT THE TYPE OF PLANTS WE HAVE A VERY SPECIFIC PLAN FOR THAT.

I WOULD SUGGEST IF WE CAN GET A MOTION THAT REQUIRES TO SUBMIT THE SPECIFICS OF THAT PLAN AND IF YOU NEED SOME MORE DATA OTHER THAN THE DRAWING IS ABOUT THE NUMBERS, THAT BUFFER, DISTANCE BETWEEN THE DELINEATION AND HOW MUCH VEGETATION WILL BE THERE WE CAN PROVIDE THAT AS A CONDITION OF THE MOTION YOU CAN MAKE. WE CAN DO THAT.

THAT'S WHAT I WOULD SUGGEST MAKE THE MOTION NOW AND TAMMY I DON'T KNOW IF THAT'S ACCEPTABLE TO DO. CONDITIONED ON SUPPLYING THAT DETAIL YOU NEED TO HAVE.

>>>> I WOULD LIKE TO SEE YOU MAKE MORE THAN ONE MOTION. THE FIRST MOTION IS I GUESS WITH RELEVANCE PEOPLE HERE TO DECIDE THE DATES YOU WANT TO CONTINUE THIS HEARING TO.

>>>> CAN YOU CONFER WITH THEM AS TO HOW MUCH TIME THEY NEED?

>>>> IF I MAY. THE PLANNING.

WEEKS AND WE CAN GIVE YOU THE CRITERIA SPECIFICATIONS ON PLANTS.

PLANTS, DIFFERENT SIZE OF CONTAINERS I DON'T KNOW ENOUGH ABOUT THESE PARTICULARS TO SAY IF THEY ARE CONTAINED IN.

BUT >>>> HOW MUCH TIME DO WE NEED TO DIG THROUGH HER RECORDS TO

COME UP WITH THIS PERMIT? >>>> WE WILL HAVE PERMITS WE

CAN HAVE THOSE TOMORROW. >>>> THE CHALLENGE THAT WE HAVE SO EVERYONE KNOWS AND WE SAY THIS A LOT LATELY THESE CHAMBERS ARE BOOKED ABOUT EVERY EVENING SO THE EASIEST THING TO DO IS TO CONTINUE AT THE NEXT BOARD OF ADJUSTMENT MEETING.

>>>> THAT'S NOT OUR DECISION. THAT'S THEY ARE SPRAYED >>>> RIGHT.

TO TRY TO SCHEDULE ANOTHER DATE, WE WILL NOT BE ABLE TO DO IT HERE BECAUSE WE DON'T HAVE

THE CALENDAR AVAILABLE. >>>>

>>>> I WAS SUGGEST WE COULD DO PHOTOGRAPHS, WE COULD DO A GO PRO VIDEO TO SHOW YOU THOSE PLANTS IN PLACE IF THAT WOULD HELP.

>>>> IF I UNDERSTAND CORRECTLY THE CITY STAFF HAS BEEN OUT HERE AND HAS SEEN THE LANDSCAPE

[02:40:04]

PLANS IS NOT PART OF OUR APPLICATION BUT WEST ROCK IS WORKING WITH THE CITY ON THAT PARTICULAR PLAN SO IT SHOULD BE RELATIVELY EASY TO GET THAT INFORMATION TO YOU AS AN

INDIVIDUAL IF THAT'S WHAT'S NECESSARY >>>> WE CAN WORK WITH THE APPLICANT AND STAFF HAS BEEN ON-SITE I THINK THE MORE DETAILED INFORMATION YOU ARE ASKING FOR IS A REASONABLE THING TO HAVE AND YES CITY STAFF CAN INSPECT THAT PLAN.

>>>> WE GET THE INFORMATION FIRST AND DETERMINE A DATE AFTER THEY FURNISH US WITH THE

INFORMATION? >>>> I DID NOT HEAR.

>>>> I WANT TO ASK THEM TO DETERMINE WHEN WE CAN MEET AGAIN?

>>>> OKAY. >>>> IF WE DIDN'T DO IT AT THE NEXT MEETING IF WE TRIED TO DO IT VERSUS HAVING AN OPEN FORUM.

>>>> ANYTHING YOU GET WILL, THROUGH STAFF AND IT WILL BE TO ALL OF YOU AND YOU GET TO CONVENE EVIDENCE AND APPLICANT MATERIALS BEFORE THIS MEETING. IS THE CONCERN THAT THE ACTUAL

PLANTING SCHEDULE ITSELF? >>>> NOT FOR ME.

>>>> THE SCHEDULE ACTUALLY IDENTIFIES ãTELLS YOU THE SIZE AND THE SPECIES AND I HAVE NO QUESTION ABOUT IT. I KNOW THAT'S WHAT THE ENVIRONMENTAL GUYS DO.

I HIRE THEM ALL THE TIME AND THEY ARE SPOT ON AND I THINK A LANDSCAPE PLAN WILL DEVASTATE ã VISUAL IDENTIFICATION OF WHAT ALL THESE PLANTS ARE. AND I WILL JUSTIFY THIS IS 25 FEET, THIS IS 25 FEET. THEY CAN GIVE US DIMENSIONS AND SHOW US QUITE LITERALLY ã

>>>> WE WILL GET ALL THE DOCUMENTATION THEY RECEIVE FROM THE ENVIRONMENTAL AGENCIES.

>>>> WHEN THEY GO THROUGH THESE AGENCIES THEY GO THROUGH COMMITTEES OF PEOPLE AND THEY ARE VETTED. THE DEP TAKES FOREVER TO GO THROUGH IT SO I HAVE NO DOUBT THAT THEY HAVE THESE AGENCIES AND PERMITS.

>>>> THEY DID NOT BRING THAT WITH THEM.

>>>> THEY HAVE TO GO THROUGH THOSE BEFORE SO I KNOW THAT THEY EXIST AND IT'S PROBABLY A

MATTER OF PUBLIC RECORD. >>>> THE FIRST THING TO RESOLVE FOR EVERYONE HERE IS THIS IS GOING TO BE CONTINUED TO MAKE A MOTION TO CONTINUE AND IF THE APPLICANT DOESN'T HAVE AN OBJECTION TO THE NEXT MEETING. EVEN IF SOMETHING HAPPENS AND THEY NEED MORE INFORMATION AND MORE TIME THAT'S EASY TO ADDRESS.

>>>> AND I WILL JUST SAY ANY OF THE INDIVIDUAL MEMBERS WANT TO CONTACT ãI NEED TO KNOW THIS.

>>>> THAT'S AN EX PARTAKE COMMUNICATION >>>> I WOULD LIKE TO ASK WE DO HAVE A CODE ENFORCEMENT PARALLEL ISSUE TO SHOW FORRESTER IS INVOLVED IN THIS WE HAVE A JANUARY 31 DATE TO RESPOND TO THAT CODE ENFORCEMENT NOTICE THAT WE GOT

FROM HER. >>>> IS THAT ON THE SAME ISSUE? THAT IS THE EXACT SAME ISSUE ã IS GOING TO TRACK WITH THIS AND SHE WILL HAVE TO MOVE THAT TO THE NEXT MONTH. SHE IS RIGHT NEXT DOOR TO ME NOW.

THAT'S EASY TO MEET WITH HER. >>>> GO AHEAD AND MAKE A MOTION FOR THE DATE WE WILL CONTINUE THIS CASE NUMBER TO THE DATE OF THE MEETING

>>>> >>>> FOR ME.

>>>> FEBRUARY 19. >>>> FOR ME IT'S THE 25 FEET.

[02:45:03]

A 25 FOOT ãSIGNED OFF BY THE CITY THAT WAS OUR PROBLEM OR HOW DO WE GET? THAT'S MY.

ANSWERS. >>>> SO YOU HAVE NO ISSUE WITH US MAKING A CONTINUANCE AND YOU WOULD APPROVE THAT UNTIL THE NEXT MEETING?

>>>> I SHOULD JUST TELL THEM I SHOULD HAVE ANTICIPATED IT AND >>>> IT'S NOT A PERFECT WORLD.

>>>> WE WANT YOU TO HAVE WHAT YOU NEED AND WE WILL GET IT TO YOU.

SHE CAN MAKE A GOOD DECISION. >>>> I NEED A MOTION.

>>>> DON'T LEAVE. I WANT TO MAKE SURE THE APPLICANT IS NOT GOING TO LEAVE WITHOUT.

CONTINUE THIS TO A DATES, PLACE AND TIME >>>> IT IS FEBRUARY 19 THE NEXT REGULAR BOARD OF ADJUSTMENT MEETING.

>>>> TO SOMEONE WANT TO MAKE A MOTION?

>>>> I MAKE A MOTION WE CONTINUE THIS CASE TO THE NEXT BOARD MEETING WHICH IS FEBRUARY

19. >>>> 2020.

>>>> I HAVE A MOTION? >>>> SECOND.

>>>>.

YES. >>>> SO THERE YOU GO SIR.

SOON I CAN YOU HAVE THE OPPORTUNITY AND I WANTED TO MAKE SURE YOU DID THAT SO ANYONE WHO WAS WAITING FOR A DECISION CAN GO HOME. BUT IF YOU WANT TO TALK WITH MR. DAVIS OR THE APPLICANT OR ANY REPRESENTATIVES YOU CAN ASK IF YOU WANT TO SEE SOMETHING SPECIFIC, ASK NOW. HER REQUEST NOW SO THEY NOW. MR. DAVIS HAS A LIST HE HAS SOME THINGS. IT SOUNDS TO ME LIKE AND I THINK YOU JUST WROTE IT DOWN, THAT THE WETLAND DELINEATION LINE THIS HAS TO BE WITH WHAT VEGETATION IS THERE NOW THE REAL WETLAND DELINEATION LINE THAT THE OTHER AGENCIES PAY ATTENTION TO AND THEN WHERE YOU

MEET THE 15 OF THE 25 BECAUSE >>>> AND YOU DO HAVE A DRONE OR ANY SHOTS, IF IT'S TOO BIG OF A DEAL FOR US TO GET INTO THE SITE, JUST SO WE CAN ACTUALLY SEE.

IT'S AN UPDATED VERSION OF THE GOOGLE MAP.

>>>> AND MR. PLATT IS GOING TO GET THE PERMIT RECORDS FOR THIS PROJECT.

>>>> AND YOU WANT TO LANDSCAPE PLAN AS WELL AS THE INDIVIDUALIZED LIST OF PLANTINGS GOING IN AND DENSITY PERHAPS? WAS THAT A CONCERN?

>>>> HOW ABOUT A RETAINING WALL?

>>>> THAT WAS PART OF IT. THAT WAS INCLUDED.

>>>> YOU WANT PHOTOGRAPHS OR? >>>> THE DEPTH.

THE THICKNESS. >>>> YES.

>>>> WITH JUST BRING IT ALL. >>>> I WOULD SAY TO ALL OF YOU INTO THE APPLICANT THAT'S EX PARTAKE COMMUNICATIONS ARE TECHNICALLY ALLOWED THE CITY HAS AN ORDINANCE SO THE PRESUMPTION OF PREJUDICE IS NOT THERE.

BUT IT DEPENDS ON WHAT YOUR APPLICATIONS ARE ABOUT SO IF YOU CHOOSE, JUST SAYING.

IF YOU CHOOSE TO CONTACT THE APPLICANT OR MR. DAVIS I WOULD RECOMMEND YOU DO IT IN WRITING AND THAT YOU DO NOT DO IT BY TELEPHONE OR IN PERSON AND THAT MR. DAVIS KNOWS THE RULES BUT JUST A REMINDER NOT TO MAKE ANY ARGUMENTS OR PROVIDE ANY OTHER EVIDENCE OR TESTIMONY TO THE BOARD MEMBERS. A SIMPLE QUESTION IS FINE BUT IT SHOULD REALLY BE IN WRITING.

>>>> AND YOU TELL ME WHAT YOU WANT SO I CAN MAKE SURE YOU HAVE WHAT YOU WANT.

[02:50:03]

>>>> THANK YOU MR. DAVIS. THIS OR ANY OTHER BUSINESS BEFORE THE BOARD?

[Items 7 & 8]

WE DO OPEN IT BACK UP FOR PUBLIC COMMENT IF THERE IS ANYONE WHO WOULD LIKE TO SAY ANYTHING TO THE BOARD. IT DOESN'T HAVE TO BE ABOUT THIS MATTER.

IT CAN BE ABOUT ANYTHING. WE HAVE A FEW MINUTES AT THE CLOSE OF EVERY MEETING.

YES MA'AM. >>>> MY NAME IS JAN.

THINGS THAT I HEARD SOME OF THE BOARD MEMBERS SAY. YOUR COMMENT MR. MILLER, THAT YOU WANTED TO SEE A COPY OF THE PERMIT AND IF THERE WAS A PERMIT, IF IT WAS APPROVED WHAT EXACTLY WAS APPROVED? I THINK IT'S A VERY VALID POINT AND YOUR COMMENTS, MISS DAWN, THAT WHAT IS REALLY IMPORTANT IS FOR US TO GET A CLEAR UNDERSTANDING I SAW THE LINE BUT I WASN'T REALLY CLEAR WHAT WAS 25 FEET? WHAT WAS 10 FEET? WHAT COULD HAVE BEEN 15 FEET? SOMEONE MADE A COMMENT THAT THAT WASN'T VERY RELEVANT THIS IS NOT MY AREA OF EXPERTISE BUT A COMPOSITE FROM MY PUBLIC PERSPECTIVE DOESN'T CUT IT AND I THINK THE COMMENT WAS MADE THAT WE NEED TO HAVE A CLEAR UNDERSTANDING OF THAT WALL.

I MISSED IT.UT I DID NOT HEAR A CLEAR ANSWER AS TO EXACTLY HOW FAR DOWN THE WALL GOES. I DIDN'T QUITE UNDERSTAND HOW WIDE IT IS AND I WAS A LITTLE UNCLEAR ABOUT EXACTLY WHERE IT IS, THERE WERE REDLINES IN GREEN LINES AND NOT BEING AN ARCHITECT OR CONSTRUCTION PERSON I FOUND IT DIFFICULT TO FOLLOW.

PERHAPS YOU DIDN'T HAVE THAT PROBLEM BUT I AM JUST SAYING I THINK IT WOULD BE HELPFUL FOR ALL OF US TO CLEARLY UNDERSTAND WHAT WAS PERMITTED, WHAT WAS ALLOWED, WHAT EXACTLY IS IN THE PLAN IN TERMS OF HOW MANY FEET AROUND AND IF DOCUMENTS ARE TO BE PROVIDED I THINK MR. GLEASON THAT IT BE PROVIDED ELECTRONICALLY IT'S AN EXCELLENT ONE.

THOSE ARE MY COMMENTS AND THANK YOU FOR YOUR SERVICE. I REALLY APPRECIATE IT.

>>>> THANK YOU FOR YOUR COMMENTS. I BELIEVE EVERYTHING YOU BROUGHT UP IS EXACTLY WHERE WE ARE GOING. IT'S NOT A PERFECT WORLD BUT WE ARE TRYING TO GET DOWN THAT WORLD TOGETHER. SO MARK YOUR CALENDARS FOR NEXT MONTH AND WE WILL ãIF THERE IS NO OTHER BUSINESS BEFORE THE BOARD MEMBERS.

SAM? THAT'S

* This transcript was compiled from uncorrected Closed Captioning.