Minutes from the July 27, 2020 meeting

Certificate of Appropriateness 20-37 - Fence - 525 N. 11th Street

Madam Chair Boardman introduced Certificate of Appropriateness 20-37 for a fence located at 525 N. 11th Street, Fort Pierce, Florida.

Madam Chair Boardman asked Assistant City Attorney, Tanya Earley, to explain the Quasi-Judicial Hearing procedures.

Before commencing this Quasi-Judicial Hearing, Tanya Earley, Assistant City Attorney, reminded the Board that they serve in both a legislative and quasi-judicial role. When acting as a legislative body, the Board engages in law-making activity by passing laws and establishing policies. When acting as a quasi-judicial body, the Board applies those laws and policies and is held to stricter procedural requirements. Quasi-judicial proceedings are less formal than proceedings before a circuit court but are more formal than the normal Board meeting. Quasi-judicial proceedings must follow basic standards of notice and due process; and, decisions must be made based on competent substantial evidence. Therefore, Board members have a duty to conduct the quasi-judicial proceedings more like judges than legislators. That is why the Commission has established the uniform procedures for quasi-judicial hearings that will be followed today.

Madam Chair Boardman called the proceeding to order. 

Clerk, Alicia Rosenthal, confirmed the City complied with advertisement and notice requirements. 

Madam Chair Boardman inquired with the Board regarding ex-parte communications and asked Clerk to call the roll: 

Mr. Broderick– no
Mr. Westbury – no
Mr. Johansen - no
Mr. Hayek - no
Ms. Theuns - no
Mr. Benton- no
Madam Chair Boardman – no
 
Madam Chair Boardman opened the public hearing. 

Clerk, Alicia Rosenthal, was asked to swear in those wanting to speak during this Quasi-Judicial hearing. Individuals in the audience intending to speak on this item were asked to stand, raise their right hand, and administered an oath to tell the truth, the whole truth, and nothing but the truth. Those that were sworn in were asked to clearly state their name for the record and confirm they were sworn in at such time as they were asked to come forward to testify. 

Staff Presentation:
Maria Lewicka, Historic Preservation Planner, explained the item was tabled by the Historic Preservation Board at the July 27, 2020 meeting and it is being brought back for possible changes and upgrades that were recommended by the Board. The amended proposal seeks to install a 4 foot and 6 foot high, black vinyl coated chain link fence and two aluminum black gates which do not specifically meet the Historic Preservation Board recommendations based on Secretary of Interior’s Standard # 9. Therefore, staff recommends that the application be further amended to: 1. Propose aluminum type fencing as recommended by the Historic Preservation Board, and 2. Consider different "residential" styled aluminum gates in lieu of the proposed industrial style gates, and complimentary in design to the aluminum fencing to be proposed. 3. Any additional information (e.g. landscaping, integration with current fencing, etc.) for Historic Preservation Board consideration. 4. Existing parking will be striped.

Board questions for Staff: 
Ms. Lewicka answered questions from the Board on redevelopment of the area and landscaping coverage.

Applicant questions for Staff: None 

Applicant presentation: 
Judy Davis, Applicant Representative from Atlas Fence of Florida, sworn, stated the original gates were galvanized and the new proposal is double swing gates and they are proposing black vinyl fencing down the side of the property.

Reverend Mackey, Applicant, sworn, stated the proposed aluminum fence by staff does not fit his budget. Reverend Mackey noted that the fence is to protect people from coming in off Avenue D to park and he confirmed that the landscaping will cover the chain link fence.

Board questions for Applicant: How is the gate mounted? Will the chain link fence have landscape screening in its entirety? Will the church be willing to relocate the fence and landscaping if the city requires a sidewalk in the future? Are the hedges in the right-of-way and is there any distractions in the line of sight.  Has the church considered combining all the properties into one parcel ID.

Public comment: None
 
Madam Chair Boardman, seeing no one else, closed the public hearing. 

Comments by the Board: None

Administratively Approved Certificates of Appropriateness - July 2020