Swearing In of Diane Hobley-Burney, Chief of Police

City Clerk Linda Cox swore in Diane Hobley-Burney as the City of Fort Pierce's new Chief of Police.

PROCLAMATIONS

LETTERS TO COMMISSION - The following letter will be kept on file in the City Clerk's Office.

As to item 9b, Commissioner Perona stated this board appointed him as the FMPA liaison. He travels to Orlando throughout the year to attend FMPA meetings and this meeting occurs during the annual conference. FMPA is our long term electric provider and it's imperative that the City has a voice at the table as decisions are being made.

Public Hearing items 10d thru 10l - Ordinance 15-013 thru 15-021 Extending the territorial limits of the City of Fort Pierce Florida

City Clerk Linda Cox introduced the individual ordinances, read by title only, into the record.

Planner Clarissa Davis appeared with a presentation and staff recommendation that the Commission approve items 10d thru 10l as it furthers the goals, objectives and policies of the Comprehensive Plan. The thirteen properties to be annexed have a total of 30.33 acres with a taxable value of $3.3 million and estimated annual revenue of $21,300 for the City of Fort Pierce.

Mayor Hudson opened the Public Hearing on items 10d through 10l.

Seeing no one, Mayor Hudson closed the Public Hearing.

Public Hearing items 10m thru 10kk - Ordinance 15-022 thru 15-046 Extending the territorial limits of the City of Fort Pierce Florida

City Clerk Linda Cox introduced the individual ordinances, read by title only, into the record.

Planner Clarissa Davis appeared with a presentation and staff recommendation that the Commission approve items 10m thru 10kk as it furthers the goals, objectives and policies of the Comprehensive Plan. The 25 properties to be annexed have a total of 112.52 acres with a taxable value of $34 million and estimated annual revenue of $223,000 for the City of Fort Pierce.

Ms. Davis clarified that several of the properties have had annexation agreements on file for several years; the remaining parcels were utilizing FPUA without an agreement on file. FPUA approached these owners and had them sign the annexation agreement. Commissioner Becht explained it was his belief there was a flume of pollution on the west side of U.S. 1 that created an emergency provision of water, it was state mandated that they hook up to the municipal service. In the rush to get them water and back open, some annexation agreements failed to be signed at that time. However, in the last 6 months when the properties were approached and asked if they would sign the agreement and voluntarily be annexed into the City of Fort Pierce with an understanding it would be this year, all agreements were signed.

Ms. Davis stated it is her goal to bring the City and County together to discuss some of the existing enclaves throughout different areas in the City. Commissioner Becht shared that County Commissioner Chris Dzadovsky would like to have meetings with the members of the Commission to discuss a legislative act that would square up the City’s boundaries and allow the City to legislatively annex. It requires three county officials to not object to this.

Mayor Hudson opened the Public Hearing for agenda items 10m thru 10kk.

Mr. Steve Tierney, legal representative for Sunrise Ford Company, noted it is the written policy of the City to prioritize annexations of enclaves, pockets and infill areas, stating these proposed annexations would do the exact opposite. Midway Road is seen as being the southern boundary of the City of Fort Pierce and also seen as an important demarcation line for first responders. This corridor is not an urban area nor are there neighborhood businesses; there is really no good reason for these properties to be in a municipality. The proposed annexations do not form a compact rectangle; it is instead making the City’s boundary more irregular. He stated creating irregularities is contrary to and in violation of city policy, Florida Statute, good sense and any idea of fairness. Mr. Tierney is asking the Commission to do the right thing and not pass these annexation ordinances as they are inherently not fair.

Ms. Davis responded to Mr. Tierney’s concerns. She stated there has long been an agreement between the Sheriff’s office and the Fort Pierce Police department concerning who responds first; whoever is closest will be the responder and doesn’t deter anyone from receiving this service. She disagrees and believes this is a compact annexation because it is under one corridor, between Midway Road and Ulrich Road and it is not in a serpentine pattern. Florida State Statute states you cannot annex a finger like in serpentine patterns. The wording is not “and” it is “in” and the City is proposing annexation of a singular corridor with applicable properties and FPUA annexation agreements in hand for the City to annex. She further clarified enclaves within the Florida State Statutes has a definition of being completely surrounded by a municipality. There are some properties that are vacant with no development on the east side of U.S. 1, the reason we don’t annex these properties is that they are vacant and there are no FPUA annexation agreements because nothing is there receiving services. However, in regards to the properties here before the Commission tonight she states that she believes they are completely compact, not creating any enclaves nor conflicts with the Comprehensive Plan or Florida State Statutes.

Ms. Grohall responded these properties meet the Florida State Statutes and the Comprehensive Plan goals. These annexations are based upon FPUA annexation agreements where the City has extended municipal service, some of those services go back at least a decade. For example, in April of 2003 Ms. Mary Jo Tierney signed the annexation agreement for this property and she believes there is another agreement that predates this one from 1988. The City has been extending municipal services to the property, this annexation is an effort to clean up the boundaries and bring them into the city limits.

Commissioner Alexander suggested that a representative from FPUA be present and available for any questions when the ordinances come back for second reading at the next City Commission meeting.

Mr. Schwerer explained that contractual annexation is quite different from other types of annexations. What the City has are a series of legal agreements that were signed by property owners, some many years ago, agreeing that the consideration or the benefit that would attach to their property would be the extension of water and wastewater which was essential for the development of the property. In the written annexation agreements each of the property owners agreed that the consideration was for the extension of such water and wastewater, it was not in consideration of additional benefits to be provided in the future. The question of what benefits are to be attached or given to this property is really an irrelevant or immaterial argument. Nevertheless, as staff has pointed out the City has to typically annex in accordance with state law. There are two particular statutes that immediately come to the table, Florida Statute 171.044 that essentially states property annexed by a municipality must be contiguous, reasonably compact and not create enclaves. The definition of compactness is further set forth in Florida Statute 171.031 and it states that annexation proceedings in any county in the state shall be designed in such manner as to insure the area is reasonably compact. The statute defines compactness as concentration of a piece of property in a single area and precludes any action which would create enclaves, pockets or finger areas in serpentine patterns. Mr. Schwerer feels staff is absolutely correct that finger areas in a serpentine pattern are the key phrase here. In reviewing case law applicable to annexations he can only say that this is corridor annexation, it is a single area, it is something that the City of Fort Pierce has been engaged in for many years, it was legally challenged on the Okeechobee Road corridor many years ago and found by a local Circuit Court Judge to be in accordance with Florida law. There was a compactness argument that was dispelled by the court. The City Attorney’s office has consulted with staff, provided them with their legal opinions and they are very comfortable the annexations conform to Florida law, these two statutes in particular and any case law that has been decided.

Commissioner Sessions stated he has a problem with buying into Mr. Tierney’s argument. The property is contiguous, no enclaves and there is an agreement in place that once you receive the water and sewer the property would be annexed into the City.

Mr. Tierney responded that his client pays very high fees for FPUA water; in addition to the water, there is paying for the hook-up, paying for the lines and paying a markup rate for the water. To agree to pay 10 times markup rates is sufficient consideration for the water being received.

Mr. Bill Wallace of 5555 South US Highway 1 stated he never signed an annexation agreement; it was the previous owner of the property. He has been very happy with life as it has been; about the 10th of May he received a notice of hearing with the Zoning board. He stated this is not something the property owners have asked for; it is something that has been thrown onto their table. Once the property is annexed he feels the City needs to take on the liability, stating there is millions in inventory that will become the responsibility of the City to protect. They will be expecting to see blue and white cars circling in and around their inventory. Commissioner Becht interjected that there are car dealerships north of Midway that are paying the real-estate taxes and everything else, asking where is the fairness in allowing others to not pay the taxes when others just to the north are. It is important the City connect these businesses by annexing, adding the City will be providing additional services. Mr. Wallace explained that his business expenses have been historically structured and is facing a very significant increase for what is perceived as very little benefit.

Ms. Debbie Rhodig of 5045 South US Highway 1 wanted to give the Commission a small business owner’s perspective. She was approached in March by a representative from FPUA and told she had to sign the agreement or her water would be turned off in 90 days. She was confused and felt like she was being forced to do something. She requested a meeting with the City Manager, the City Attorney, FPUA and Mr. Koblegard where she was basically told she had no choice. She did not like the way it was done. She loves Fort Pierce, has no problem paying taxes but now her taxes will go up $6,500 and she will be unable to paint her building. This decision affects her and every one of her employees. Commissioner Alexander suggested she contact the City Manager’s office; once the property is annexed she will be eligible to apply for a façade grant to get her building painted. She asked why the agreement she signed in March will be retroactive to January 2015.

Mr. Schwerer explained that taxes are retroactive to January 1 by law provided the properties are annexed before July 1. Meetings were held with Ms. Rhodig and it was his understanding the UA negotiated some form of an agreement with her and there were issues he is not at liberty to discuss but he is surprised by the objection being now raised. The agreement was fully explained, a contractual agreement was reached and a standard annexation agreement was signed stating there will be no objection. Mr. Schwerer read from the agreement that the property owner agrees for themselves and on behalf of the property that they will raise no objection the annexation. There is an ordinance that was adopted by the City as a code provision many years ago that says if you receive water and waste water services and do not have an annexation agreement you are given 30 days to sign one. The City is not strong-arming anyone, this is the code, this is the law and we all have to follow the law that has been on the books for many years. If you do not have an agreement for whatever reason and you receive water or waste water you are given 30 days to sign an agreement and if you don’t sign, the law provides that the service can then be discontinued. There is also a provision that says if you have an annexation agreement and challenge and refuse to annex then there are provisions terminating water and waste water.

Mr. Michael Weinert of 5255 South US Highway 1 stated they had to sign the agreement a few months ago because of recent construction; they are building a multimillion dollar facility. They are adding jobs and revenue and the way it stands now their taxes are going to go up approximately $24,600 before it is reassessed after completion. This will put a significant crimp in hiring new people; they were looking to hire 10 new people within the next 60 days as they prepare to open. He stated he has a love for Fort Pierce and sponsors many of the events, but what he wanted to get across to the Commission is what this annexation will mean to the business owner, if expenses increase then they cannot hire and create new jobs. He stated they do everything they can for both the City of Fort Pierce as well as St. Lucie County; they even built into the plans a community room for non-profits to come in and have a meeting space. He thinks it shows that they will continue to do whatever they can to continue to be a part of the community.

Commissioner Becht stated that everyone who spoke would say never annex, that they don’t want to pay those taxes. It’s about the money. Fort Pierce has a serious problem and the additional taxes would allow dealing more proactively with that problem. The problem is not localized; if the City can bring in additional money the City can deal with it proactively. The City has a tremendous turnover rate at the police department, part of that turnover is that the City cannot pay them that money. In keeping a spartan budget, it is difficult to attract and retain officers; we now need more officers and more code enforcement officers. Commissioner Becht pledged that if he gets to say something about the budget it is going to go proactive, not into bloated budgets but into paying people to do the immediate services that are needed.

Mr. Marian Matthews is in total agreement with Commissioner Becht. He stated the problem is that no one wants to pay. If they are getting services, signed up for them with FPUA and are receiving the services then bring them in and annex. Fort Pierce needs good paying jobs, he believes if there were better jobs there will be more business; you can sell more cars and sell more furnishings. Come in with us, work with us and make this a better Fort Pierce.

Commissioner Alexander stated he has been fighting for annexations in District 1 for 13 years. He is not taking sides but says he can see how they feel pressured to do something.
Mr. Frank Gonzalez with the Bev Smith Automotive Group stated he has been in Fort Pierce for 18 years and he came to hear what everyone had to say. He thinks that he can speak for every business owner here tonight and say they do provide a lot of jobs, a lot of income and a lot of taxes. He does not agree with the delivery, the way this was handled is not right.

Seeing no one further, Mayor Hudson closed the Public Hearing.

Commissioner Becht agreed with Mr. Gonzalez, the City’s delivery could have been better. He suggests learning from this and does it better the next time.

It was the consensus of the Commission that the City’s delivery was off and capable of doing better.