County Commissioner Henry Dean addresses his critics

St. Johns County Commissioner Henry Dean openly discusses the reasoning behind public comments made during a recent Board of County Commissioners meeting.

The St. Augustine Record: During a recent Board of County Commissioners meeting, you addressed those who hold you responsible for what’s being described as the over-development of St. Johns County. Please explain the genesis of your remarks.

Henry Dean: As a county commissioner running for a third term, I would like to state the facts without opinions, false premises, or false narratives surrounding allegations directed at me and my colleagues, two of whom are also on the ballot, that leave us responsible for the county’s exponential growth.

Between 2000 and 2008, approximately 100,000 single-family homes were approved among the many planned unit developments or PUDs. In 2008, St. Johns County fell prey to the national recession that hit like a car hitting a brick wall. Everything just stopped. New building permits were not issued. Property values dropped significantly. Between 2008 and 2014, very few building permits were issued, and few homes were constructed. This can be verified as a matter of public record.

In 2014, When the economy bounced back, so did the county, which led to a surge in new home construction that continues today. Since 2016, my first year in office, 80% of the new houses constructed in St. Johns County were approved between 2000 and 2016. The bottom line, a vast majority of the exponential growth we’ve experienced is a direct result of PUD approvals prior to my tenure. Inventory approved prior to 2008 just didn’t get built until 2014.

During my eight-year tenure, I’ve approved approximately 25,000 homes out of 150,000 units already approved by previous commissioners. My voting is based on a two-prong test: Is the proposed development compatible to the surrounding area, and is there sufficient infrastructure to support the proposed development? Critics who say that I'm responsible for the county’s growth are wrong. I state the facts supported by public records.

The St. Augustine Record: Please address the accusation that you’re among county commissioners accepting bribes given to you by developers?

Henry Dean: It's patently untrue. I’ve worked for the state government since 1974 and not once, I repeat, not once, did anyone ever criticize or accuse me of unethical activity or corruption such as accepting bribes. To suggest that I’m being paid by developers is simply false. Because I have no control over what people say, especially in the political climate we all find ourselves in, I forge ahead, doing my best to make the right decisions for the right reasons. Ultimately the voters will decide what they believe to be true or not.

The St. Augustine Record: Can you address the issue of business development, specifically why two Publix Supermarkets were built directly across the street from each other?

Henry Dean: Sure, starting with the area surrounding World Golf Village. In 2002, the World Commerce Center PUDs were approved for Buc-cee’s and other commercial sites, including the Publix Supermarkets you’re referring to. What was and what will be built was approved before I became a commissioner. I can’t tell you why two supermarkets were built across the street from each other. That question should be directed to the commissioners who signed the approval in 2002.

A multitude of land uses and/or activities fall under the approval of a PUD. Again, everything that was — and is — being built in the World Commerce Center falls within the 2002 approvals. I answered every single email that opposed Buc-cee’s, explaining that the county lacked the jurisdiction to approve or disapprove anything within the 2002 PUD approvals.

And it’s not just World Commerce Center. Twin Creeks, which consists of Beach Walk and Beacon Lakes, is another example of PUD approved for mixed-use development that contains both residential and commercial construction. The area is one among many areas signed prior to my tenure and the tenure of my colleagues. And not everyone is happy about it.

The St. Augustine Record: Can the current Board of County Commissioners reverse the decision to build once the papers are signed?

Henry Dean: I encourage everyone to talk to the county attorney to understand the answer to that question. Florida upholds the 1995 Bert J. Harris, Jr., Private Property Rights Protection Act , which provides a specific process for landowners to seek relief when their property is unfairly affected by government action.

The St. Augustine Record: Please explain the Bert J. Harris, Jr., Private Property Rights Protection Act.

Henry Dean: The act clearly defines that if the landowners can prove that the government is taking back what was originally promised, in our case signed for, the government must pay the landowner that value. Property owners and developers can prove that state regulations and agencies — government entities — overreach, causing a burden to landowners and developers. Simply stated, reversing decisions made within the past 20 years will cause the county to face billions of dollars, truly, billions of dollars in lawsuits; lawsuits that the county will lose, paid for by the residents of St. Johns County.

The St. Augustine Record: Please explain the consequence of the Bert Harris Act if a project that was approved and signed years ago is rejected today.

Henry Dean: The law doesn’t state that every rejection or rezoning of a PUD is automatically reversed and money is awarded back. Florida law requires that we, the commission, must have competent, substantial evidence to justify the decision, like a court trial, a judicial action. We must show that the project is incompatible. For example, if we show the proposed development lacks needed infrastructure, we can defend our decision against a Bert Harris challenge.

But if a commission denies a project approved 15 years ago by reasoning that the county has already experienced a lot of growth, the county can be sued. Florida law clearly defines that rights granted 20 years ago can’t be removed without compensation.

The St. Augustine Record: Please address the candidates running against you on an anti-growth platform.

Henry Dean: Nothing can be done to change the Bert J. Harris, Jr., Private Property Rights Protection Act. Voters need to understand the difference between denying a project and holding residents responsible for approvals signed 15 and 20 years ago. Lawsuits will be filed with the Circuit Court. Those challenging the developers will get burnt under the Harris Act. Building permits signed 20 years ago cannot be denied. There is a consequence for denying projects already approved.

Resident can do the math. Building permits must be issued or the county will be sued. As a lawyer with career of experience in land management and usage, I can say that not a single commissioner, new or old, will hold weight against the Harris Act. Losing lawsuits is expensive. It’s naïve to think that laws that can be overturned for campaign purposes and slogans. It’s a false narrative.

Do my critics know the facts or are they ignoring the facts? I’m rolling out a robust campaign supported by residents who’ve appreciated my service that include the projects I’ve approved and denied. My campaign is one of facts. At the end of the day, the voters will decide.

The St. Augustine Record: Let’s segue into road construction to explain what the county can and can’t control, within the purview of responsibility between the county and the Florida Department of Transportation (FDOT).

Henry Dean: It’s problematic to expect citizens to understand the intricacies between FDOT and St. Johns County. The county is at the mercy of FDOT. Frankly, the examples are many and complicated. But I can say that supporting infrastructure goes into every decision we make.

The St. Augustine Record: Can you share your track record?

Henry Dean: Along with the present board of commissioners, I voted to deny eight projects in the last three years. I've been cursed by critics and called a prostitute of development. Like I said, I can’t control what people say. The accusations quite frankly hurt. I invite anyone to ask me directly or check my track record which is a matter of public record.

The St. Augustine Record: Is there anything else you would like to say?

Commissioner Dean: I appreciate the St. Augustine Record for helping me to bridge the gap by sharing an influx of information that can be difficult to understand. Decisions are made and not everyone is happy. For example, do we build the charter school that’s needed, or do we deny the need because a school will generate traffic. My decision to approve or deny won’t make 100 percent of the people happy, but I will do what I think is best suited for everyone.

This story is part of the St. Augustine Record's ongoing coverage of the upcoming elections.

This article originally appeared on St. Augustine Record: County Commissioner Henry Dean addresses his critics