Grateful St. Augustine residents on Monday night warmly praised and thanked the City Commission for passing a proposed compromise that will keep two historic neighborhoods permanently exempt from eminent domain power that's been sought by the Florida School for the Deaf and the Blind.
The rest of the city, though, will be protected from eminent domain for 10 years, not forever.
That cooled some of the euphoria in the room.
Vice Mayor Leanna Freeman said, "If we thought we could get (the city protected for) 20 years or permanently, we would. I'm disappointed. The school hasn't given us what we needed."
The motion to send the agreement on to FSDB's Board of Trustees - which has already called an emergency meeting for Thursday to consider the language - came from Commissioner Nancy Sikes-Kline.
She later amended her motion to send two agreements: One would be the agreement exempting the city for 10 years, while the other has a phrase changed to read "permanently" rather than "10 years."
City Attorney Ron Brown was instructed to ask school trustees for the substitution.
Residents still fear an eminent domain bill working its way through the Florida Legislature, though it is being held up temporarily by state Sen. John Thrasher, R-St. Augustine. But whether that bill passes or fails, the school and city still have a signed agreement that will remain binding, Brown said.
The language in the current agreement came after a meeting in Tallahassee last week by Thrasher, Mayor Joe Boles, City Manager John Regan, state Rep. Bill Proctor, R-St. Augustine, and FSDB President Danny Hutto.
The provisions include a detailed outline of what is allowed on the Genoply Block, green space now somewhat useless to FSDB due to the city's rejection of the property's rezoning.
� Genoply can have a maximum of eight lots zoned single-family with the number of students not to exceed 64.
� Buildings there must mimic the architectural guidelines set by the city for single-family homes.
� They must all be one story and not higher than 35 feet.
� If not developed, the property can be used for recreation, though no outdoor lighted fields are allowed.
� Plans for the site would be reviewed by city Planning and Building Director Mark Knight.
Brown said, "These parameters are more restrictive to the school than they are now."
He added that if a dispute arises, both sides would go into mediation. If that fails, "you're looking at litigation."
Also, the public alley behind the Collins House would be licensed to the school by the city and closed to the public.
In addition, FSDB said it would drop their south fence back 20 feet and lower it to 8 feet. School administrators are looking at fence styles that are more like those that surround single-family homes.
Regan also amended the agreement to give the school 120 days, not 70 as the text said, to replace the south fence.
At public comment, Melinda Rakoncay of Nelmar Terrace, who led the residents in their campaign to stop eminent domain, said she is "encouraged."
"The school is willing to work with us. My only caution is that I want protection that forever means forever," she said.
City resident Lisa Lloyd praised Regan's contributions.
"He really got it," she said. "He got the passion of the neighborhood. This was a negative situation, but it brought a lot of us together to talk about the issue."
Regan in turn praised Sikes-Kline for "being there at every turn."
He said there was a cost to the city's good fortune and that was an agreement that if eminent domain remains going through the Legislature, the city won't oppose it.
Commissioner Bill Leary praised the residents for showing "how democracy is supposed to work."
Nelmar resident Paul Weaver, a member of the city's Historic Architectural Review Board, characterized Hutto as a "good neighbor and good man. If we had the past president of FSDB, we would not be here tonight."