Update on the restoration of the Lincoln Theater - Margaret Benton

Ms. Benton reported that a $50,000 line of credit was extended to them for the restoration of Lincoln Theater by the City of Fort Pierce.  In addition to those funds, they also received a legislative grant in the amount of $200,000. She credited both Representative Larry Lee and Senator Nick Drom for their assistance in getting them the funds.  The $50,000 loan has since been repaid to the City, however they are asking for a contribution again to assist with the interior buildout which is an estimated cost of $1.2 – $1.5 million dollars to complete.
 
Mr. Mimms stated they will look at the existing budget and look at getting help from other funding sources.

Consideration of the sale of mixed performance mortgage loans - Director of Finance

Mr. Mimms explained that as part of the strategic plan, they are reaching out to local financial institutions to determine if there is interest in acquiring the mortgage loans and be able to better manage the mortgage holders.
 
Mr. Brown and Mr. Roberts of Harbor Community Bank briefly explained that they were asked to submit a bid for the 14 loans that the City of Fort Pierce owns of which 4 are in a seriously delinquent state and one (1) may be held back due to its current status.  The loan terms are for 30 years although several have been modified for an additional 5 years.  Mr. Brown stated there will be four appraisal reports pulled on selected properties to determine what the values are for the rest of the properties.  Based on the City‘s data, the properties are collectively over $300,000 below water as far as the debt, principle balance and the current values are concerned.  Two of the loans were made for rates of 1% and the rest are at 2%.
 
The question was posed to Mr. Mimms as to what the City can do with the $729,300 from the sale of the homes.  Mr. Mimms explained that the proceeds from the sale of the HHR loans will go back to the State Housing Initiative Program (SHIP). Those funds can be used to help the local homeowners and help with residential facilities, etc.
 
Mr. Mimms explained that the next step is to enter into contractual negotiations with Harbor Community Bank then come back before the City Commission at a formal meeting for action and approval.
 

Vacation Rentals - Zoning regulations and prospective amendment - Planning Manager

Mr. Kori Benton and Ms. Rebecca Grohall presented a zoning text amendment for vacation/dwelling rentals.  Mr. Benton explained that in 2001 and 2002, the City of Fort Pierce enacted a proactive legislation in the code to provide some oversite and restrictions on dwelling rentals for 6 months or less to protect the low density single family districts and provide investment opportunities.  The proposed zoning text amendment will allow the City Commission the authority to consider conditional use applications and authorization on a condo association basis if those condominiums have regulations and management protocols in place to insure that negative impacts of dwelling rentals are not experienced by the resident.
 
Mr. Benton gave an example that if Coral Cluster or Catamaran ll were grouped condominium association within Ocean Village would like to apply as a whole, that association would have the capacity to and it would be reviewed as one single application and provide blanket approval so that individual property owner applications are not being processed. 
 
Commissioner Becht asked why staff wouldn’t just exempt them. 
 
Mr. Benton explained that it is an alternative that will be presented to the Commission and if the Commission would like to extend that exemption to condo associations they would be open to engaging in that discussion.

Commissioner Perona expressed that he is in favor of exempting condo associations that have homeowner association structure that would enforce vacation rentals themselves. 
 
Commissioner Becht commented that he does not think this should be governed by the City.
 
Commissioner Alexander asked if the Planning Department reached out to other government agencies to see what they have in place.
 
The general consensus by the Commission is to allow the Condo Associations and Homeowners Associations to determine how they want to govern themselves with regards to vacation rentals.
 

Discussion of Fishing Activities along Melody Lane  - City Engineer

Mr. Mimms explained that Melody Lane from Orange Avenue south has been an area where local fishermen come to enjoy fishing, but with the recent development of the Renaissance, there are now residents living there and businesses seeking patrons that desire to have a welcoming atmosphere.  There were a few concerns raised regarding the future along Melody Lane and whether fishing activities will be restricted.
 
Commissioner Alexander shared his concerns that 1) there are no railings on the pier and 2) he suggested making it a one way from the Renaissance so the school can have their activities and their movements and everything can fall back onto the main street on Indian River Drive.  He is not in favor of the City saying that the residents can’t fish or park on a public right of way.
 
Mr. Mimms confirmed that the Melody Lane Fishing Pier will be equipped with all the necessary safety precautions to include railings.  He also explained that the City, County Engineers and Planners are currently working on the traffic reconfiguration and design of the parking lot.
 
Commissioner Perona commented that the true intention of the pier is for fishing.  If fishermen are going to take away what is intended for the Melody Lane sidewalk  to be an access point, for people to be able to walk along the railing and look at what has been accomplished as a community, then if it takes away from that then stricter rules and regulations and possibly eliminate fishing from that area.
 
Commissioner Becht commented that he spoke to some of the residents and the biggest problem is the abandoned fish heads, blocked sidewalks, dead bait, fishing line, loud music, trash, damaged railings, nets and trash in the rocks.  He is suggesting that a public meeting be held to discuss the conditions.
 
Mayor Hudson stated that she would not object to public conversation so everyone can voice their concerns.
 
Commissioner Becht commented that the Police Chief needs direction from the City Commission and policy needs to be set.
 
Commissioner Alexander commented that it is up to the community to police themselves.
 
Mayor Hudson added that when the pier is complete, there will be a cleaning station.
 
Commissioner Perona commented that the enforcement aspect is going to have to be reviewed.

The concensus of the Commission was to gain public input on fishing along Melody Lane.
 

Unattended Tethering of Dogs - Discussion of the current ordinance and any proposed amendments - Code Compliance Manager

Ms. Arraiz explained that this past summer, a tethered dog died a horrific death due to a swarm of yellow jackets.  She explained that Martin and St. Lucie Counties prohibit tethering unless someone is present and other restrictions.
 
Susan Parry from United for Animals stated that St. Lucie County passed a very responsible ordinance and suggested that the City of Fort Pierce review it.
Commissioner Sessions commented that this cannot be just a piece of legislation on the books.  It is going to take more than just education, but it is going to take enforcement.  His concern is more on our ability to enforce the Ordinance and the impact it will have on the Humane Society as well as our staff.                                                                                          
 
Mr. Mimms informed the City Commission that in 30 days they will come back with a plan and a draft Ordinance that will include Education and Enforcement in line with Martin and St. Lucie Counties to restrict or prohibit unattended tethering or boxed dogs.

 

Discussion on capping Code Enforcement fines/liens - Code Compliance Manager

Ms. Arraiz expressed that she is seeking direction from the City Commission to see if they want to impose a cap on fines and liens.  Other local jurisdictions she contacted include St. Lucie County, Okeechobee County, City of Port St. Lucie and the City of Okeechobee. 
 
Commissioner Sessions asked if there was a distinction between properties that are owned by the residents vs. properties owned by commercial institutions.
 
Ms. Arraiz explained that there is no distinction when it comes to the imposition of liens.  In regards to a reduction request, each case is weighed on its merits and circumstances involved with the person or entity.
 
Commissioner Sessions expressed concern that if an owner had nothing to do with the behavior of the prior owner, then a case like that should be given more discretion.

Ms. Arraiz reiterated that this discussion is focused on the imposition of the fines and liens and she is seeking direction from the City Commission whether there should be a cap placed on the fine or lien.  This is not a discussion of a reduction request from the owner.

Commissioner Becht stated he is in favor of imposing a de facto policy or a written cap on fines and liens.  He stated that the fact that the City of Port St. Lucie and St. Lucie County have not, indicates to him that it might be better to just have an unwritten policy.  He is comfortable with the limits that the County has set at $5,000 and $10,000. 

Commissioner Becht would like to have further discussion on whether the City should charge an application fee and how much.  He asked does that encourage lien reductions?  He also thinks that there should be a discussion about the lien reduction criteria.

Commissioner Perona commented that the reason for per diem charges is to bring a property into compliance.  He suggested rather than set a cap limit, set a floor limit.
  
Commissioner Alexander expressed that as a clean city our goal is to look at absentee owners who do not care about Fort Pierce and charge them fines.
 
The concensus of the City Commission is to bring back an item with the focus on compliance rather than revenue.

Discussion on CPTED (Crime Prevention Through Environmental Design) resolution - Code Compliance Manager

Ms. Arraiz explained that the resolution promotes the CPTED principles and provides enforcement abilities.  The standards address landscaping, lighting and graffiti.
 
Mr. Mimms explained that the Police Department has been utilizing the principles of CPTED for several years.  He explained that common sense would have to be exercised when reviewing businesses or public/common areas that the visitors are invited into.  He agrees there is a difference between privacy and designing for reduction in criminal activities.