Sent: Sunday, June 21, 2009 7:51 AM
Subject: FW: Fish Island Developers Back on Monday's City Commission Agenda
Dear Friends,
Last year concerned city residents joined with other concerned people to defeat Fish Island, LLC's application to build a 1,000 foot dock for 50 foot yachts over city-owned bottom lands. (See brief history below). We pooled our money and paid for expert witness, Paul Johnson from Tallahassee, and we also hired an attorney. And we won......we thought. Both the planning and Zoning board and the city commissioners denied the application and when the developers sued, Judge Traynor upheld the city's denial in court. (See the brief history of this case below).
But city residents and other interested parties need to get together again. The developers have sued the city under the Bert Harris Act which requires compensation for the "taking" of property rights. And the city attorney is urging commissioners to settle with developers because a loss would be quite expensive.
Mike and I are consulting Land Use Attorney Ralf Brookes for this first round on Monday night, June 22 at St. Augustine City Hall. PLEASE plan to attend the city commission meeting Monday, e-mail or call the commissioners whose numbers appear below.
Urge the commissioners NOT to settle this issue without public input or because of legal threats from developers. (It's OUR - the people's - property rights that are being violated - we own those bottom lands not developers).
Let's keep our Matanzas River clean and not knuckle under to developers!
Thank you! Becky and Mike Greenberg
3 St. Andrews Court
St. Augustine, FL 32084
829-9689
nolanbecky@hotmail.com
HISTORY, DETAIL AND LATEST STATUS
The Fish Island developer first applied for a permit to build a 100-slip dock for 50-foot yachts in the fall of 2006. The City’s Planning and Zoning Board (PZB) rejected the application and the City Commission returned the issue to the PZB for more public hearings.
In the spring of 2007, the PZB held hearings over two days and took testimony from five experts and dozens of citizens expressing concern about environmental harm and adverse impact to the public scenic vista as protected in the City's comprehensive plan.
The PZB also expressed concern over the size of the proposed dock, including the length and width of the boardwalk.
The PZB voted against the application 6-0.
On appeal the City Commission affirmed the PZB by a vote of 5-0.
The applicant filed suit alleging procedural violations and the decision of the City Commission was upheld by the court.
The applicant then filed a law suit under the Bert Harris Act alleging that the City must compensate him for the denial of their permit.
The City Commission directed its attorney to begin negotiations with the applicant.
Apparently the City Commission will vote on the results of that negotiation Monday evening.
From what we can gather, the concern of the city is that they may lose the Bert Harris lawsuit which exposes them to paying the applicant's attorneys fees and possible compensation of millions of dollars.
It is unclear what the proposed compromise consists of, but it is likely similar to the original application. (Possibly fewer slips, possibly closer to the bridge, possibly over slightly less marsh, possibly a shorter and/or narrower boardwalk (i.e., 8 instead of 10 feet wide).
There may be something different about the public area of the island development.
Issues include:
1. Is there anything in the compromise that addresses the environmental concerns expressed by four experts? How does it address impact to sawgrass, oyster beds, turbidity from props, possible impact to bridge itself?
2. How does the compromise lessen the impact on the scenic vista as addressed by dozens of citizens who, under state law, can give expert testimony on the subject of scenic vista?
3. What has really changed here to cause reversal of the prior unanimous votes if the concerns have not been adequately addressed?
PLEASE ATTEND THIS MONDAY'S MEETING ( June 22) AND CALL YOUR CITY COMMISSIONERS TO ASK THEM TO UPHOLD PREVIOUS PROTECTION OF THIS IMPORTANT AND ENVIRONMENTALLY SENSITIVE AREA ON OUR CITY'S INTERCOASTAL WATERWAY. URGE THEM NOT TO GIVE INTO DEVELOPER'S THREAT OF A LAWSUIT. WE HAVE A STRONG LEGAL CASE AND SHOULD DEFEND IT IN THE COURTS, RATHER THEN GIVING IN TO DEVELOPER'S PRESSURE FOR A DEAL UNDER THE THREAT OF LEGAL ACTION.
Joseph L. Boles - Mayor/Commissioner
904.824.4278 or josephboles@comcast.net
Errol D. Jones - Vice-Mayor/Commissioner
jones2002@erroldjones.com or Call 904.825.1006
Leanna Freeman - Commissioner
cityfreeman@yahoo.com or 904.829.1960
Nancy Sikes-Kline - Commissioner
904.806.6203 or NancySikesKline@aol.com
Don Crichlow - Commissioner
crich@aug.com or 904.824.5785
Bill Harriss - City Manager
904.825.1006 or cosa@ci.st-augustine.fl.us
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