MINUTES OF A REGULAR MEETING OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, HELD IN THE CITY HALL COMMISSION CHAMBERS, 100 NORTH U.S. #1, FORT PIERCE, FLORIDA, AT 6:30 P.M. ON MONDAY, AUGUST 4, 2014.
1.
CALL TO ORDER - Mayor Hudson called the meeting to order at 6:30 p.m.
2.
OPENING PRAYER - Pastor Bobby Hopkins of Fairlawn Baptist Church offered the opening prayer.
3.
PLEDGE OF ALLEGIANCE
4.
ROLL CALL
- Present:
- Mayor Linda Hudson; Commissioner Rufus Alexander; Commissioner Edward Becht; Commissioner Thomas Perona; Commissioner Reginald Sessions
- Staff Present:
-
- City Clerk Linda Cox
- City Manager Robert Bradshaw
- City Attorney Robert Schwerer
5.
APPROVAL OF MINUTES
a.
Approval of Minutes of the July 21, 2014 Meeting.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Rufus Alexander to approve the Minutes of the Regular Meeting on July 21, 2014.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
6.
PROCLAMATIONS
a.
Mayor Linda Hudson accepted a Certificate of Completion awarded to her by the John Scott Dailey Florida Institute of Government and the Florida League of Cities recognizing her completion of eighteen hours of instruction at the Institute for Elected Municipal Officials in Delray Beach, Florida on June 13-15, 2014.
b.
Mayor Hudson issued a Proclamation declaring August 2014 as Marine Debris Removal Month. It was received by Capt. Don Voss.
7.
LETTERS TO COMMISSION
8.
COMMENTS FROM THE PUBLIC
Mr. George Gibson, 1401 Reynolds Court
Mr. Patrick Henry, 1123 Granada Street
Mr. Roy Darby, 619 South 6th Street
Ms. Anita Greenstein
Ms. Gerrie Purcell
Rev. John Lee, 1204 Avenue K
Ms. Ingrid VanHekken
Mr. Cleaver Hayling, 913 North 17th Street
Dr. Gina Dean, 1005 Kentucky Avenue
Ms. Peggy Decina
Ms. Diane Barbrey
Mr. George Gibson, 1401 Reynolds Court
Mr. Patrick Henry, 1123 Granada Street
Mr. Roy Darby, 619 South 6th Street
Ms. Anita Greenstein
Ms. Gerrie Purcell
Rev. John Lee, 1204 Avenue K
Ms. Ingrid VanHekken
Mr. Cleaver Hayling, 913 North 17th Street
Dr. Gina Dean, 1005 Kentucky Avenue
Ms. Peggy Decina
Ms. Diane Barbrey
9.
CONSENT AGENDA
0.
Acceptance of proposal from Mutual of Omaha to allow inactive employees retired on or after July 1, 2014 to pay the full cost for $20,000 life insurance coverage or to obtain a life insurance benefit amount prorated according to age classification.
a.
Waive interest, penalties, and administrative fees in the amount of $163.70 for Lot Clearing Lien totaling $216.20 against 1312 Boston Avenue owned by Adrianne Walker and Bernard J. Ross, contingent upon payment of $52.50 within 60 days.
b.
Waive interest, penalties, and administrative fees in the amount of $163.70 for Lot Clearing Lien totaling $216.20 against 1314 Boston Avenue owned by Adrianne Walker and Bernard J. Ross, contingent upon payment of $52.50 within 60 days.
c.
Waive interest, penalties, and administrative fees in the amount of $163.70 for Lot Clearing Lien totaling $216.20 against 1316 Boston Avenue owned by Adrianne Walker and Bernard J. Ross, contingent upon payment of $52.50 within 60 days.
d.
Waive interest, penalties, and administrative fees in the amount of $163.70 for Lot Clearing Lien totaling $216.20 against 1318 Boston Avenue owned by Adrianne Walker and Bernard J. Ross, contingent upon payment of $52.50 within 60 days.
e.
Approval to submit and accept the 2014-2015 U.S. Department of Justice, Edward Byrne Memorial, Justice Assistance Grant Program (JAG) (County-wide) in the amount of $37,159.
Motion was made by Commissioner Edward Becht, seconded by Commissioner Thomas Perona to approve the Consent Agenda in its entirety, Items 0, 9a - 9e.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
10.
PUBLIC HEARINGS
a.
Ordinance No. 14-019 - Amending Chapter 9, Article IV - Peddlers, Solicitors and Canvassers. FIRST READING
City Clerk, Linda Cox, introduced the ordinance, read by title only, into the record.
Ms. Peggy Arraiz, Code Enforcement Director, appeared with a presentation. She stated everything put forth is based on recommendations from multiple entities. Since Code Enforcement was tasked over two years ago with drafting this ordinance, surveys have been conducted, multiple meetings with different groups were held and committees and research was gathered from other municipalities that currently have vendors in place. She explained the differences between vendors, itinerant merchants and special events, identifying the dos and don’ts of the vendor permit. Ms. Arraiz explained an application may be denied if an applicant has been convicted of a crime of moral turpitude, fraud or sale of a controlled substance. Although the decision process is weighted, having been convicted is not something that would absolutely deny an applicant a license.
Ms. Arraiz is to amend the requirements of ice cream trucks. The current ordinance does not permit them to play music by hospitals, schools and churches; she will amend to specify days and times when they can continue the music when schools are out and church is not in session. She clarified to the Commission if vendors are not licensed by the state and they set up roadside stands to prepare, cook and sell food, that would be prohibited; it would be illegal to do that.
Commissioner Perona expressed concern about the financial commitment that was made by the City’s existing setablishments, with no menu restrictions, we are allowing people to go out there and compete with them. Ms. Arraiz responded that there are a lot of communities that do not allow roadside vending, that are very similar to what the City has now with no vending.
Mayor Hudson opened the Public Hearing.
Ms. Carole Mushier, President of the South Beach Association, has concerns with the ordinance. Ms. Mushier states concerns are primarily with the inclusion of mobile food vendors, both trucks and carts, at city selected locations on South Beach. She states we have a strong commitment to our permanently based, tax paying restaurants and food service businesses on the island and even more important are the safety factors at the recommended locations. Route A1A is the main thoroughfare on the island; it is a two lane road with bike paths and sidewalks, and there should be a restriction for food vendors in Public parks and parking lots stated in this ordinance. They suggest an addition to Section 9-111(b) that public parks be added to schools and churches with a 300' restriction since they all share the same safety concerns. She feels that at the very least, there should be a restriction for food vendors prohibiting them in public parks and parking lots stated in the ordinance. In closing, the South Beach Association asks the Commission consider their recommendations to add public parks as a 300’ restriction for mobile food vendors and reject the recommended locations on South Beach.
Mr. Robert Brown commented on persons that have a criminal record; he stated if we are trying to keep these people from being repeat offenders we need to allow them the opportunity to make a living by any legal means necessary. He stated the ordinance does not serve the community where he lives favorably.
Mr. Cleaver Hayling said ditto.
Mr. Willie Reynolds commented we keep adding to the police department to do more and more, the police in this city have more than they can handle with crime.
Mr. Bruce Murray, leader of the St. Lucie County Sheriff’s office Citizens Patrol Group covering the South Beach area, feels this is a well drafted ordinance so far and the opinions he is expressing are strictly his own. He has concerns however, on street and pedestrian safety and overall general parking at the parks. There are constant debates about parking and people getting blocked that the patrol group deal with on a continual basis. The City is going to be creating an attractive nuisance, views are going to get blocked and drivers are going to get distracted and this will all be going on in an area full of families and children. He stated he is unsure if the vendors are necessary when there are so many options already available.
Mr. Marion Matthews inquired of non-profit door to door sales, referring to the Girl Scouts. Ms. Arraiz responded they are exempt and addressed in the ordinance.
Mr. Rick Reed stated the greatest way out of crime is hard work. He asked that the City not prohibit someone from trying to better themselves and turn their lives around, it’s a moral question and he is asking to not make it harder on the people.
Ms. Charlena Dayer stated she has been cleaning the south beach parks for several months now, most of the trash collected is food debris. She feels the food trucks will be making even more debris on the beaches outside of the 25’ zone. To help the environment she would like to see the vendors using recyclable materials, with no glass or foam to save the environment and better protect the marine life. She also wanted to second the safety concerns already mentioned.
Seeing no one further, Mayor Hudson closed the Public Hearing.
Mayor Hudson clarified that one of the reasons this ordinance came to be was not to punish people but to make it legal for those that are already operating.
Commissioner Perona stated if we can train the people to look for the food vendor then we can train them to look for the invested businesses that are already there. Those brick and mortar establishments have paid the big dollar to be there and we are considering throwing in a cheap and easier way for someone to go out there and compete with them. He does not feel he can support this food vendor movement, excluding the produce vendors, because there are so many negatives to consider. We have traffic issues and we also have trash issues that have created double shifts for Public Works. He stated he cannot support the food vending portion of the ordinance, he thinks it causes too many problems and the City will be sorry if it’s put into force.
Commissioner Becht explained it is a mischaracterization to say protecting the existing businesses; it is protection of the employees of the business owners, the suppliers and purveyors as well as the customers of the establishments. We are trying to preserve an existing business base which has employees.
Mr. Schwerer suggested to the Commission to leave the appellate process with the City Manager for now and see how many appeals are received and monitor how the appeal is being handled by management to determine if there is a need to switch it to the Commission with an ordinance amendment.
Chief Baldwin was tasked by the Commission to work with Ms. Arraiz to compile a more structured requirement for the criminal background checks, not to be so subjective.
Ms. Arraiz recapped with the Commission; we are going to work with the Police Chief on the criminal backgrounds, we are removing all use of City property, we are to add 300’ from the parks, and the appeal process is staying with the City Manager.
City Clerk, Linda Cox, introduced the ordinance, read by title only, into the record.
Ms. Peggy Arraiz, Code Enforcement Director, appeared with a presentation. She stated everything put forth is based on recommendations from multiple entities. Since Code Enforcement was tasked over two years ago with drafting this ordinance, surveys have been conducted, multiple meetings with different groups were held and committees and research was gathered from other municipalities that currently have vendors in place. She explained the differences between vendors, itinerant merchants and special events, identifying the dos and don’ts of the vendor permit. Ms. Arraiz explained an application may be denied if an applicant has been convicted of a crime of moral turpitude, fraud or sale of a controlled substance. Although the decision process is weighted, having been convicted is not something that would absolutely deny an applicant a license.
Ms. Arraiz is to amend the requirements of ice cream trucks. The current ordinance does not permit them to play music by hospitals, schools and churches; she will amend to specify days and times when they can continue the music when schools are out and church is not in session. She clarified to the Commission if vendors are not licensed by the state and they set up roadside stands to prepare, cook and sell food, that would be prohibited; it would be illegal to do that.
Commissioner Perona expressed concern about the financial commitment that was made by the City’s existing setablishments, with no menu restrictions, we are allowing people to go out there and compete with them. Ms. Arraiz responded that there are a lot of communities that do not allow roadside vending, that are very similar to what the City has now with no vending.
Mayor Hudson opened the Public Hearing.
Ms. Carole Mushier, President of the South Beach Association, has concerns with the ordinance. Ms. Mushier states concerns are primarily with the inclusion of mobile food vendors, both trucks and carts, at city selected locations on South Beach. She states we have a strong commitment to our permanently based, tax paying restaurants and food service businesses on the island and even more important are the safety factors at the recommended locations. Route A1A is the main thoroughfare on the island; it is a two lane road with bike paths and sidewalks, and there should be a restriction for food vendors in Public parks and parking lots stated in this ordinance. They suggest an addition to Section 9-111(b) that public parks be added to schools and churches with a 300' restriction since they all share the same safety concerns. She feels that at the very least, there should be a restriction for food vendors prohibiting them in public parks and parking lots stated in the ordinance. In closing, the South Beach Association asks the Commission consider their recommendations to add public parks as a 300’ restriction for mobile food vendors and reject the recommended locations on South Beach.
Mr. Robert Brown commented on persons that have a criminal record; he stated if we are trying to keep these people from being repeat offenders we need to allow them the opportunity to make a living by any legal means necessary. He stated the ordinance does not serve the community where he lives favorably.
Mr. Cleaver Hayling said ditto.
Mr. Willie Reynolds commented we keep adding to the police department to do more and more, the police in this city have more than they can handle with crime.
Mr. Bruce Murray, leader of the St. Lucie County Sheriff’s office Citizens Patrol Group covering the South Beach area, feels this is a well drafted ordinance so far and the opinions he is expressing are strictly his own. He has concerns however, on street and pedestrian safety and overall general parking at the parks. There are constant debates about parking and people getting blocked that the patrol group deal with on a continual basis. The City is going to be creating an attractive nuisance, views are going to get blocked and drivers are going to get distracted and this will all be going on in an area full of families and children. He stated he is unsure if the vendors are necessary when there are so many options already available.
Mr. Marion Matthews inquired of non-profit door to door sales, referring to the Girl Scouts. Ms. Arraiz responded they are exempt and addressed in the ordinance.
Mr. Rick Reed stated the greatest way out of crime is hard work. He asked that the City not prohibit someone from trying to better themselves and turn their lives around, it’s a moral question and he is asking to not make it harder on the people.
Ms. Charlena Dayer stated she has been cleaning the south beach parks for several months now, most of the trash collected is food debris. She feels the food trucks will be making even more debris on the beaches outside of the 25’ zone. To help the environment she would like to see the vendors using recyclable materials, with no glass or foam to save the environment and better protect the marine life. She also wanted to second the safety concerns already mentioned.
Seeing no one further, Mayor Hudson closed the Public Hearing.
Mayor Hudson clarified that one of the reasons this ordinance came to be was not to punish people but to make it legal for those that are already operating.
Commissioner Perona stated if we can train the people to look for the food vendor then we can train them to look for the invested businesses that are already there. Those brick and mortar establishments have paid the big dollar to be there and we are considering throwing in a cheap and easier way for someone to go out there and compete with them. He does not feel he can support this food vendor movement, excluding the produce vendors, because there are so many negatives to consider. We have traffic issues and we also have trash issues that have created double shifts for Public Works. He stated he cannot support the food vending portion of the ordinance, he thinks it causes too many problems and the City will be sorry if it’s put into force.
Commissioner Becht explained it is a mischaracterization to say protecting the existing businesses; it is protection of the employees of the business owners, the suppliers and purveyors as well as the customers of the establishments. We are trying to preserve an existing business base which has employees.
Mr. Schwerer suggested to the Commission to leave the appellate process with the City Manager for now and see how many appeals are received and monitor how the appeal is being handled by management to determine if there is a need to switch it to the Commission with an ordinance amendment.
Chief Baldwin was tasked by the Commission to work with Ms. Arraiz to compile a more structured requirement for the criminal background checks, not to be so subjective.
Ms. Arraiz recapped with the Commission; we are going to work with the Police Chief on the criminal backgrounds, we are removing all use of City property, we are to add 300’ from the parks, and the appeal process is staying with the City Manager.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Edward Becht to postpone to staff recommended Regular Meeting September 2, 2014.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
b.
2014-2015 Action Plan for Fiscal Year October 1, 2014-September 30, 2015 CDBG-Funded Activities. SECOND OF TWO PUBLIC HEARINGS.
Mr. Nick Mimms and Ms. Libby Woodruff appeared and were available for questions and a staff recommendation to move forward with the approval with the plan as submitted. If there is a reallocation recommendation from the Commission the plan can be revisited and amended as has been done in the previous year.
Ms. Woodruff stated there was additional information attached to the agenda item in the Commission packets. As requested at the July 21, 2014 meeting, she has provided the Commission with a list of contractors for the 2013-14 commercial façade grants, primarily of the Fort Pierce area.
Mayor Hudson opened the Public Hearing.
Mr. Cleaver Hayling stated the need to have a commitment to come back with amendments and address some concerns of this plan, even though he does understand the time constraints. He has serious concerns about providing Fort Pierce taxpayer money for the Dan McCarty track.
Mr. Robert Brown of the Fort Pierce NW Community Project explained this organization’s interest is to receive an explanation and accountability of the activities of the expenditures that are to benefit low and moderate income persons such that it becomes clearer that none of those funds are utilized in the 30% discretionary projects. They find allocating funds of $23,000 to resurface and improve the track at Dan McCarty unacceptable. The area is not accessible during school hours which limit the benefits substantially. They feel the money can be of a greater benefit to low and moderate income persons than wasted on a walking trail that belongs to the St. Lucie County School District.
Mr. Rick Reed stated 47% of the budget is allocated to Code Enforcement, infrastructure and administration and he does not feel that government should be paying government to be government.
Mr. Marion Matthews stated he likes things to be done legally and was pleased to hear the plan can be amended. He feels the plan should be presented in layman terms so everyone can understand what is being expended.
Mr. Bob Burdge provided a brief presentation of the history of the Dan McCarty Track and to request the City continue with this project. He stated this track serves the community as a whole; the City, through Urban Development, is initiating the final aspect of finishing the track so it can continue to be used by the City and County residents. The Planning Board, on March 12 made a motion and a second to have an interlocal agreement established for the Dan McCarty School Track to be used as a City park, which was sent to the City Manager’s office for continuation to the Commission.
Seeing no one further, Mayor Hudson closed the Public Hearing.
Commissioner Sessions stated he is not arguing the investment; he would like to see a stronger interlocal agreement in place. He was hoping for the City to have a more direct impact and more control of this investment. He suggested a need to partner with the School Board to utilize more facilities like gymnasiums and parks to give the youth an opportunity to have some form of supervised activity.
Commissioner Becht agreed there is a diverse group of people that currently uses this track and he feels the City would be better received by the County for joint use agreements if the City partnered with Port St. Lucie and approached the School Board together with a request of dialogue.
Mayor Hudson reopened the Public Hearing.
Ms. Michelle Berger of Port St. Lucie stated she cannot represent the entire Council but will say that there has been a good working relationship in the past. She agrees, both cities have fantastic opportunities to partner with the school district and give some opportunity for the kids to get in and play rather than get into trouble. She thanked the Commission for the opportunity to speak and she will take everything back to Council and make sure her Mayor or City Manager reaches out to Mayor Hudson or to Mr. Bradshaw with where Port St. Lucie currently is regarding this matter.
Mayor Hudson closed the Public Hearing.
Commissioner Perona wanted to thank staff and the Communitywide Council. He is happy with the fact the City is going to review this as they move forward and if there are amendments we have to make, this Commission will make them.
Mr. Mimms responded to Commissioner Becht that this plan is in full compliance with all HUD regulations. The City was recently audited by HUD and we did very well, they were very pleased with the direction of our City.
Commissioner Alexander wanted it known he has no objections either to the plan or anything that has been said.
Mr. Nick Mimms and Ms. Libby Woodruff appeared and were available for questions and a staff recommendation to move forward with the approval with the plan as submitted. If there is a reallocation recommendation from the Commission the plan can be revisited and amended as has been done in the previous year.
Ms. Woodruff stated there was additional information attached to the agenda item in the Commission packets. As requested at the July 21, 2014 meeting, she has provided the Commission with a list of contractors for the 2013-14 commercial façade grants, primarily of the Fort Pierce area.
Mayor Hudson opened the Public Hearing.
Mr. Cleaver Hayling stated the need to have a commitment to come back with amendments and address some concerns of this plan, even though he does understand the time constraints. He has serious concerns about providing Fort Pierce taxpayer money for the Dan McCarty track.
Mr. Robert Brown of the Fort Pierce NW Community Project explained this organization’s interest is to receive an explanation and accountability of the activities of the expenditures that are to benefit low and moderate income persons such that it becomes clearer that none of those funds are utilized in the 30% discretionary projects. They find allocating funds of $23,000 to resurface and improve the track at Dan McCarty unacceptable. The area is not accessible during school hours which limit the benefits substantially. They feel the money can be of a greater benefit to low and moderate income persons than wasted on a walking trail that belongs to the St. Lucie County School District.
Mr. Rick Reed stated 47% of the budget is allocated to Code Enforcement, infrastructure and administration and he does not feel that government should be paying government to be government.
Mr. Marion Matthews stated he likes things to be done legally and was pleased to hear the plan can be amended. He feels the plan should be presented in layman terms so everyone can understand what is being expended.
Mr. Bob Burdge provided a brief presentation of the history of the Dan McCarty Track and to request the City continue with this project. He stated this track serves the community as a whole; the City, through Urban Development, is initiating the final aspect of finishing the track so it can continue to be used by the City and County residents. The Planning Board, on March 12 made a motion and a second to have an interlocal agreement established for the Dan McCarty School Track to be used as a City park, which was sent to the City Manager’s office for continuation to the Commission.
Seeing no one further, Mayor Hudson closed the Public Hearing.
Commissioner Sessions stated he is not arguing the investment; he would like to see a stronger interlocal agreement in place. He was hoping for the City to have a more direct impact and more control of this investment. He suggested a need to partner with the School Board to utilize more facilities like gymnasiums and parks to give the youth an opportunity to have some form of supervised activity.
Commissioner Becht agreed there is a diverse group of people that currently uses this track and he feels the City would be better received by the County for joint use agreements if the City partnered with Port St. Lucie and approached the School Board together with a request of dialogue.
Mayor Hudson reopened the Public Hearing.
Ms. Michelle Berger of Port St. Lucie stated she cannot represent the entire Council but will say that there has been a good working relationship in the past. She agrees, both cities have fantastic opportunities to partner with the school district and give some opportunity for the kids to get in and play rather than get into trouble. She thanked the Commission for the opportunity to speak and she will take everything back to Council and make sure her Mayor or City Manager reaches out to Mayor Hudson or to Mr. Bradshaw with where Port St. Lucie currently is regarding this matter.
Mayor Hudson closed the Public Hearing.
Commissioner Perona wanted to thank staff and the Communitywide Council. He is happy with the fact the City is going to review this as they move forward and if there are amendments we have to make, this Commission will make them.
Mr. Mimms responded to Commissioner Becht that this plan is in full compliance with all HUD regulations. The City was recently audited by HUD and we did very well, they were very pleased with the direction of our City.
Commissioner Alexander wanted it known he has no objections either to the plan or anything that has been said.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Edward Becht to approve 2014-15 CDBG Action Plan.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
c.
Public Hearing on Application for Conditional Use submitted by Fort Pierce Inlet Beach Resort, LLC, for approval to construct improvements seaward of the Coastal Construction Control Line (CCCL) on an existing structure located at 110 S. Ocean Drive, Fort Pierce, Florida.
Ms. Sandy Ramseth, Senior Planner, appeared with a presentation and staff recommendation that the City Commission approve the Conditional Use with the following stipulation: that the Engineering comments are satisfied at the time of the building permit application.
Mayor Hudson opened the Public Hearing.
Mr. Harold Smyth stated he was available to answer any comments or questions. He responded the plans do call for ceiling fans on the north side but they are looking at scuppers to get most of the heat out, they have also looked into misters. They are hoping with the open awning, the air will move freely.
Mr. Rick Reed stated he is all for businesses but has a concern about the required lighting of establishments that serve liquor. He said they don't have it. Other establishments have been directed to meet the lighting requirements and he is against everybody not playing on the same even field.
Seeing no one further, Mayor Hudson closed the Public Hearing.
Ms. Ramseth stated on the original liquor license, dated 2012, as per section 3-14 of minimal requirements of on premise consumption the liquor license is appropriate and was approved. No comments concerning lighting were made by the Planning Board or the TRC, this application was so small it was not something that required a lighting survey. Commissioner Becht inquired as to who signed the original application, Ms. Ramseth indicated it was signed by Steve Weaver.
Motion was made by Commissioner Thomas Perona, seconded with discussion by Commissioner Reginald Sessions.
Commissioner Sessions stated Fort Pierce Inlet Beach Resort is a great asset and he applauds them and their efforts; they have made a tremendous change to the City's jetty area in such a short period of time.
Commissioner Alexander commented on the lighting restrictions for turtles, there is a watchdog in that community if they break the rules, they will hear from the public.
Commissioner Perona wanted to thank the managers and the owners of the establishments at the Jetty Park for stepping forward and assisting with the clean ups and making sure the park is presentable to the next day groups and activities. Thanks for the help and the partnership.
Mayor Hudson stated for the record, Mr. Smyth is her nephew and according to Statute voting will not be a conflict.
Ms. Sandy Ramseth, Senior Planner, appeared with a presentation and staff recommendation that the City Commission approve the Conditional Use with the following stipulation: that the Engineering comments are satisfied at the time of the building permit application.
Mayor Hudson opened the Public Hearing.
Mr. Harold Smyth stated he was available to answer any comments or questions. He responded the plans do call for ceiling fans on the north side but they are looking at scuppers to get most of the heat out, they have also looked into misters. They are hoping with the open awning, the air will move freely.
Mr. Rick Reed stated he is all for businesses but has a concern about the required lighting of establishments that serve liquor. He said they don't have it. Other establishments have been directed to meet the lighting requirements and he is against everybody not playing on the same even field.
Seeing no one further, Mayor Hudson closed the Public Hearing.
Ms. Ramseth stated on the original liquor license, dated 2012, as per section 3-14 of minimal requirements of on premise consumption the liquor license is appropriate and was approved. No comments concerning lighting were made by the Planning Board or the TRC, this application was so small it was not something that required a lighting survey. Commissioner Becht inquired as to who signed the original application, Ms. Ramseth indicated it was signed by Steve Weaver.
Motion was made by Commissioner Thomas Perona, seconded with discussion by Commissioner Reginald Sessions.
Commissioner Sessions stated Fort Pierce Inlet Beach Resort is a great asset and he applauds them and their efforts; they have made a tremendous change to the City's jetty area in such a short period of time.
Commissioner Alexander commented on the lighting restrictions for turtles, there is a watchdog in that community if they break the rules, they will hear from the public.
Commissioner Perona wanted to thank the managers and the owners of the establishments at the Jetty Park for stepping forward and assisting with the clean ups and making sure the park is presentable to the next day groups and activities. Thanks for the help and the partnership.
Mayor Hudson stated for the record, Mr. Smyth is her nephew and according to Statute voting will not be a conflict.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Reginald Sessions to approve the Conditional Use at Fort Pierce Inlet Beach Resort LLC.
Commissioner Becht abstained from the vote because he represents the applicants requesting the conditional use and filed Form 8B as required.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
d.
Application for Site Plan and Conditional Use submitted by Dennis & Jacklyn Koehl for construction of a single-family home to be located at 1613 Thumb Point Drive, which exceeds the maximum height of 28 feet for single-family homes in the R-1 District, within the South Beach Overlay.
Kori Benton, Historic Preservation Officer, appeared with a presentation and indicated the proposed site plan and conditional use meets the requirements of the City Code and is found to be consistent with the City's Comprehensive Plan; staff recommends approval of the request.
Mayor Hudson opened the Public Hearing.
Seeing no one, the Mayor closed the Public Hearing.
Kori Benton, Historic Preservation Officer, appeared with a presentation and indicated the proposed site plan and conditional use meets the requirements of the City Code and is found to be consistent with the City's Comprehensive Plan; staff recommends approval of the request.
Mayor Hudson opened the Public Hearing.
Seeing no one, the Mayor closed the Public Hearing.
Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Reginald Sessions to approve Site Plan and Conditional Use at 1613 Thumb Point Drive.
Commissioner Becht abstained from the vote because he represents the applicants requesting the conditional use and filed Form 8B as required.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
e.
Application for Conditional Use submitted by St. Andrew's Episcopal Academy to operate a middle and high-school extension at 320 S. Indian River Drive.
Mr. Kori Benton, Historic Preservation Officer, appeared with a presentation with a staff recommendation that the City Commission approve the conditional use request with the following conditions; installation of a bike rack before the 2014-2015 school year and directional signs be installed as needed to adequately delineate drive aisles designated for student delivery and pickup prior to the 2014-2015 school year.
Mayor Hudson opened the public hearing.
Councilwoman Berger wanted to say she is completely envious of what is transpiring and the vision of this Commission, the entire county does benefit by what is going on in Fort Pierce. She stated she is also jealous of this opportunity of a world class facility up to the high school level and Fort Pierce will be very proud of the amount of exposure they will receive. As a mom there are limited opportunities that offer a unique experience, not just a quality education for your children. This school being here, in our backyard along with the partnership with the Smithsonian, that is unique.
Ms. Amy Aycock, President of the Parent Teacher Organization at St. Andrews, came forth to let the Commission know they value the Commission’s time and they have worked so hard and are very excited about the expansion plans. There are 200 children enrolled for the upcoming year and she would appreciate the Commission’s continued support of this project.
Seeing no one further, Mayor Hudson closed the Public Hearing.
Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Reggie Sessions to approve Conditional Use for St. Andrew’s Episcopal Academy.
Commissioner Becht likes the idea the school is in the downtown but he has a concern with the traffic issue. Mr. Stoddard stated a full traffic study will be provided when the entire campus is presented to the Commission.
Ms. Angelione responded the school is going to stagger when the kids are to come in, they have already moved their beginning and ending times and have no problem with this being made a condition of approval.
Commissioner Alexander stated he does not see the school generating the kind of traffic that is generated in downtown Fort Pierce on Saturdays, the whole downtown is shut down because of traffic.
Mr. Kori Benton, Historic Preservation Officer, appeared with a presentation with a staff recommendation that the City Commission approve the conditional use request with the following conditions; installation of a bike rack before the 2014-2015 school year and directional signs be installed as needed to adequately delineate drive aisles designated for student delivery and pickup prior to the 2014-2015 school year.
Mayor Hudson opened the public hearing.
Councilwoman Berger wanted to say she is completely envious of what is transpiring and the vision of this Commission, the entire county does benefit by what is going on in Fort Pierce. She stated she is also jealous of this opportunity of a world class facility up to the high school level and Fort Pierce will be very proud of the amount of exposure they will receive. As a mom there are limited opportunities that offer a unique experience, not just a quality education for your children. This school being here, in our backyard along with the partnership with the Smithsonian, that is unique.
Ms. Amy Aycock, President of the Parent Teacher Organization at St. Andrews, came forth to let the Commission know they value the Commission’s time and they have worked so hard and are very excited about the expansion plans. There are 200 children enrolled for the upcoming year and she would appreciate the Commission’s continued support of this project.
Seeing no one further, Mayor Hudson closed the Public Hearing.
Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Reggie Sessions to approve Conditional Use for St. Andrew’s Episcopal Academy.
Commissioner Becht likes the idea the school is in the downtown but he has a concern with the traffic issue. Mr. Stoddard stated a full traffic study will be provided when the entire campus is presented to the Commission.
Ms. Angelione responded the school is going to stagger when the kids are to come in, they have already moved their beginning and ending times and have no problem with this being made a condition of approval.
Commissioner Alexander stated he does not see the school generating the kind of traffic that is generated in downtown Fort Pierce on Saturdays, the whole downtown is shut down because of traffic.
Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Reginald Sessions to approve Conditional Use for St. Andrew's Episcopal Academy.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
f.
Ordinance No. 14-018 - Right-of-way Abandonment - Boston Avenue Extension - East of South Indian River Drive. FIRST READING (Postponed from July 7, 2014 and July 21, 2014 meetings)
City Clerk, Linda Cox, introduced the ordinance, read by title only, into the record.
Mr. Kori Benton, Historic Preservation Officer, appeared with a brief overview and staff recommendation that the City Commission consider the proposal by the applicant and direct staff to prepare a revised ordinance for the abandonment including current provisions outlined by staff: the dedication of the proposed public access parcel as presented by St. Andrew’s, a Developer’s Agreement detailing amenities within the public access parcel, the bulkhead abutting their privately held property, and include a reverter clause that authorizes the City of Fort Pierce to regain ownership of Boston Avenue extension if a Site Plan is not approved by the City Commission within 12 months.
Mayor Hudson opened the Public Hearing.
Seeing no one, Mayor Hudson closed the Public Hearing.
Mr. Benton stated a member of the city management indicated the City of Fort Pierce currently owns the bulkhead to the termination of Melody Lane and Boston Avenue extension to the point. However, the proposal from staff is that the Developer’s Agreement outlines the property owner is to maintain this bulkhead.
Commissioner Perona stated he has a problem with the City moving on this ordinance and abandoning this extension on the basis of a conceptual plan. He suggests the Commission go ahead and pass this ordinance on first reading but postpone the second reading until the City has a formal site plan agreement in place. He wants to make sure he represents everyone in the community and that everyone is on the same page. The City is very supportive in all St. Andrew’s efforts; Commissioner Perona wants our process done accordingly.
Mr. Schwerer responded there could be legal issues with the proposed reverter clause only because it states only if they do not get an approved site plan within 12 months it will revert back. There has to be a public hearing on site plans, it is almost as if the City is agreeing they are going to have an acceptable site plan, we then have the obligation and duty to deliver that. Otherwise, the City may be guilty of a claim they were not proceeding in good faith just to get the property back. Mr. Schwerer would prefer not to deal with a reverter clause, when we abandon a property it is permanent. He stated the reverter clause they would draft, if directed to, would be considerably different than the one presented. The City is looking at a condition that states site plan approval which requires a public hearing. This is completely different than the condition of obtaining a building permit, which is totally in the control of the applicant and totally in the control of the applicant’s timing.
Commissioner Becht stated that 90% of developers come before the City with their site plans stating this is what we intend to build with the request of the City to abandon at that same time; one absolute for another absolute. He explained this is the typical procedure and that St. Andrew’s is doing it differently than 90% of the developers.
Mr. Schwerer recommends the Commission be as detailed as possible that the abandonment is subject to all three conditions: 1. dedication of the public access parcel 2. a developer's agreement that is negotiated in detail and the commitments acceptable to the Commission and 3. reversionary clause dealing with the site plan so the actual abandonment would not become effective until all the satisfaction of each one of those conditions and any other conditions the Commission wished to include.
City Clerk, Linda Cox, introduced the ordinance, read by title only, into the record.
Mr. Kori Benton, Historic Preservation Officer, appeared with a brief overview and staff recommendation that the City Commission consider the proposal by the applicant and direct staff to prepare a revised ordinance for the abandonment including current provisions outlined by staff: the dedication of the proposed public access parcel as presented by St. Andrew’s, a Developer’s Agreement detailing amenities within the public access parcel, the bulkhead abutting their privately held property, and include a reverter clause that authorizes the City of Fort Pierce to regain ownership of Boston Avenue extension if a Site Plan is not approved by the City Commission within 12 months.
Mayor Hudson opened the Public Hearing.
Seeing no one, Mayor Hudson closed the Public Hearing.
Mr. Benton stated a member of the city management indicated the City of Fort Pierce currently owns the bulkhead to the termination of Melody Lane and Boston Avenue extension to the point. However, the proposal from staff is that the Developer’s Agreement outlines the property owner is to maintain this bulkhead.
Commissioner Perona stated he has a problem with the City moving on this ordinance and abandoning this extension on the basis of a conceptual plan. He suggests the Commission go ahead and pass this ordinance on first reading but postpone the second reading until the City has a formal site plan agreement in place. He wants to make sure he represents everyone in the community and that everyone is on the same page. The City is very supportive in all St. Andrew’s efforts; Commissioner Perona wants our process done accordingly.
Mr. Schwerer responded there could be legal issues with the proposed reverter clause only because it states only if they do not get an approved site plan within 12 months it will revert back. There has to be a public hearing on site plans, it is almost as if the City is agreeing they are going to have an acceptable site plan, we then have the obligation and duty to deliver that. Otherwise, the City may be guilty of a claim they were not proceeding in good faith just to get the property back. Mr. Schwerer would prefer not to deal with a reverter clause, when we abandon a property it is permanent. He stated the reverter clause they would draft, if directed to, would be considerably different than the one presented. The City is looking at a condition that states site plan approval which requires a public hearing. This is completely different than the condition of obtaining a building permit, which is totally in the control of the applicant and totally in the control of the applicant’s timing.
Commissioner Becht stated that 90% of developers come before the City with their site plans stating this is what we intend to build with the request of the City to abandon at that same time; one absolute for another absolute. He explained this is the typical procedure and that St. Andrew’s is doing it differently than 90% of the developers.
Mr. Schwerer recommends the Commission be as detailed as possible that the abandonment is subject to all three conditions: 1. dedication of the public access parcel 2. a developer's agreement that is negotiated in detail and the commitments acceptable to the Commission and 3. reversionary clause dealing with the site plan so the actual abandonment would not become effective until all the satisfaction of each one of those conditions and any other conditions the Commission wished to include.
Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Reginald Sessions to approve Ordinance No. 14-018 with staff recommendations on the first reading.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Reginald Sessions
- NAY:
- Commissioner Edward Becht, Commissioner Thomas Perona
Passed
11.
MISCELLANEOUS REPORTS & REQUESTS
a.
Presentation on the FPUA's new utility invoice design by Bill Abramowicz, Customer Service Manager.
Mr. Abramowicz appeared with a presentation of their new billing template. The customers of FPUA began receiving a new form of utility bill beginning June 2014. The new bill has a breakdown of the utilities used and consumed identifying the charged rates and taxes along with a twelve month utility history of the addressed parcel.
Mr. Schwerer responded that in the past, there has been debate and discussion between the Commission, the public, the Landlord’s Association and various others about placing the solid waste fees and charges on the property owner’s tax bills and then decided not to do this. He stated if the Commission wanted to have this discussion his recommendation would be for the City Clerk to provide the previous information as background history of the issues raised at that time.
Mr. Abramowicz appeared with a presentation of their new billing template. The customers of FPUA began receiving a new form of utility bill beginning June 2014. The new bill has a breakdown of the utilities used and consumed identifying the charged rates and taxes along with a twelve month utility history of the addressed parcel.
Mr. Schwerer responded that in the past, there has been debate and discussion between the Commission, the public, the Landlord’s Association and various others about placing the solid waste fees and charges on the property owner’s tax bills and then decided not to do this. He stated if the Commission wanted to have this discussion his recommendation would be for the City Clerk to provide the previous information as background history of the issues raised at that time.
12.
CITY COMMISSION
a.
| Submittal of applications for appointment to the Sunrise Theatre Advisory Board. |
City Clerk, Linda Cox, indicated applications are attached and will come back at the next meeting in the form of a Resolution for approval.
b.
Submittal of application for appointment to the Fort Pierce Tours Advisory Board
City Clerk, Linda Cox, indicated applications are attached and will come back at the next meeting in the form of a Resolution for approval.
City Clerk, Linda Cox, indicated applications are attached and will come back at the next meeting in the form of a Resolution for approval.
13.
COMMENTS FROM THE CITY MANAGER
a.
Departmental Activity Report
Mr. Bradshaw stated the City is in the final stages of the 2014-15 budget process. He also wanted to congratulate Commissioner Sessions on the Second Chance Summer Academy; this is a very positive program.
Mr. Schwerer announced pursuant to Florida Statute 286.011 he requires consultation with the Mayor and Commissioners on a pending lawsuit, Angela Wilkinson vs. City of Fort Pierce, which is filed in Federal District Court. The scheduling of an executive session, out of the sunshine meeting with the Commission will occur immediately following the next City Conference Agenda Meeting scheduled for August 11, 2014.
Mr. Bradshaw stated the City is in the final stages of the 2014-15 budget process. He also wanted to congratulate Commissioner Sessions on the Second Chance Summer Academy; this is a very positive program.
Mr. Schwerer announced pursuant to Florida Statute 286.011 he requires consultation with the Mayor and Commissioners on a pending lawsuit, Angela Wilkinson vs. City of Fort Pierce, which is filed in Federal District Court. The scheduling of an executive session, out of the sunshine meeting with the Commission will occur immediately following the next City Conference Agenda Meeting scheduled for August 11, 2014.
14.
COMMENTS FROM THE COMMISSION
Commissioner Alexander had no comment.
Commissioner Perona had no comment.
Commissioner Sessions had no comment.
Commissioner Becht stated the action minutes are not what he wants. He is looking for who is going to do what by when. He is currently seeing summaries and not the actions. He is specifically looking for what’s going to happen; who is going to do it and when it is going to be done by and feels this could help reduce attorney fees once the City gets a handle on these things. He stated East West Yachts and James and Patricia Herndon dba Best Car Wash are very behind with their lease to the City. He asked who is going to follow up and when.
Mr. Bradshaw commented he will get with staff and provide the requested information to the Commission.
Mayor Hudson stated the Board of County Commissioners will be having an informal discussion August 12, 2014 on the Port. Anyone that is interested it will be Tuesday at 9:00 a.m.
Commissioner Alexander had no comment.
Commissioner Perona had no comment.
Commissioner Sessions had no comment.
Commissioner Becht stated the action minutes are not what he wants. He is looking for who is going to do what by when. He is currently seeing summaries and not the actions. He is specifically looking for what’s going to happen; who is going to do it and when it is going to be done by and feels this could help reduce attorney fees once the City gets a handle on these things. He stated East West Yachts and James and Patricia Herndon dba Best Car Wash are very behind with their lease to the City. He asked who is going to follow up and when.
Mr. Bradshaw commented he will get with staff and provide the requested information to the Commission.
Mayor Hudson stated the Board of County Commissioners will be having an informal discussion August 12, 2014 on the Port. Anyone that is interested it will be Tuesday at 9:00 a.m.
15.
ADJOURNMENT
There being no further business, Mayor Hudson declared the meeting adjourned at 11:42 p.m.
There being no further business, Mayor Hudson declared the meeting adjourned at 11:42 p.m.
ATTEST:
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CITY CLERK
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MAYOR COMMISSIONER
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