Tuesday, July 01, 2014

Attorneys, Like Other Public Hearing Witnesses, Must Be Sworn In; No, JON BENOIT, City Not Liable for Trees Falling

Congratulations to Sue Agresta, Planning and Zoning Board (PZB) Chair. I was watching her preside at the St. Augustine Planning and Zoning Board meeting today. PZB Chair Sue Agresta ask a Palm Coast attorney to be sworn. He was angry about it. Former Chair Carl Blow said attorneys don't need to be sworn in because they are "officers of the court." Why? Sue Agresta was right -- all public hearing witnesses must be sworn. The late GEORGE MORRIS McCLURE, lawyer for wetland-filling, tree-killing "developers" -- whom former County Commission Chairman Ben Rich called "worse than any carpetbagger" -- frequently lied. By not being sworn, attorneys can't be prosecuted for perjury. Enough flummery, dupery, nincompoopery and lying at our local boards and commissions.

Later in the meeting, builder PZB member Matthew Shaffer rightly said that the mere fact that a protected tree's drip line is over parking spaces is not a good reason to kill it and carried no weight with him, rejecting arguments from
BEHST BUILDERS' owner JON BENOIT, who said if the City denied a tree-killing permit for a tree over a parking lot at 102 Bridge Street, "The City writes a check," gesturing. Nope. We have a tree ordinance. You knew it when you moved here. Your clients, the CORNEALS, knew it when they moved here. The fact you might want to kill a healthy tree needlessly to build a parking lot is beyond the scope of our ordinance. We have many trees over parking spaces. We like it thattaway. That's why St. Augustine is designated a "Tree City USA." Knock it off.

A 32" laurel oak tree was saved. Oak trees were required to be replaced with oak trees. Former PZB chair, architect Jerry Dixon, rightly told BENOIT, "I don't like your threatening attitude," after BENOIT and his Tree Medic arborist consultant talked down to the PZB. Three cheers!

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