Approval of Minutes from June 15, 2015 meeting.

Mayor Hudson issued a Proclamation honoring United States Veterans and Southeast Florida Honor Flight.  It was received by Todd Tucker, Chairman, Southeast Florida Honor Flight.

Mayor Hudson issued a Proclamation recognizing the 300th Anniversary of the 1715 Spanish fleet disaster by proclaiming Spanish Treasure Fleet Remembrance Week.  It was received by Nancy Bennett, President, St. Lucie Historical Society.

Letter from Cynthia G. Angelos commending Rebecca Grohall on the exceedingly professional, competent and diligent manner in which she handled a client's matter.

Request authorization to contract with Ardaman and Associates, Inc. for  materials testing and construction engineering inspection services in an amount not to exceed $18,130.

Approval to initiate a purchase order with Selectron in the amount of $22,800.00 for an interactive voice response system upgrade with managed services for the Building Department. 

Request from Richard J. Cranmer, P.A., Jacobson Auction & Realty Company, 2103 Sunrise Boulevard, Ft. Pierce, FL 34950 for an extension of 60 days to pay reduced code enforcement liens totaling $3,304.80, which was approved by the City Commission on March 2, 2015.

Approve contribution of $5,000 to the Fort Pierce Police Athletic League from the Law Enforcement Trust Fund.

Approval to enter into a Lease/Purchase agreement with IBM to update the current IBM Power 7 to IBM Power 8 in the total amount of $59,493.24 paid over three (3) years.

Application for a Site Plan and Conditional Use submitted by Mosaics Of America Inc. to construct a 14,500 S.F. structure to include a new showroom, warehouse, and business offices located at 900 S US Highway 1, Fort Pierce, FL.  (Staff recommends postponement until July 20, 2015 meeting in order to consider Site Plan, Conditional Use, Abandonment, Lot Transfer, and Development Agreement Concurrently.)

Ordinance 15-047 rezoning properties generally located at 600 S 3rd Street from I-1, Light Industrial Zone to PD, Planned Development Zone.   FIRST READING
 
City Clerk Linda Cox introduced the ordinance, read by title only, into the record.
 
Senior Planner Kori Benton appeared with a presentation and stated there are two components to be discussed; he will be presenting the planned development as well as the ordinance for the rezoning for the site concurrently this evening.  The applicant is proposing in lieu of installing sidewalks in this area where pedestrians do not traverse to use those funds to target other areas in need of sidewalks, as is permissible in the City’s progressive sidewalk ordinance. The intersection of Georgia Avenue and US Highway 1 has a significant deficiency and will be impacted by the applicants.  There are some preliminary foundations for road improvement enhancements that the City will be discussing with the applicants, reaching out to FEC and the Wal-Mart Distribution Center with the hopes of moving toward a partnership for enhancing the intersection.  Staff recommends approval of the request as presented with the following conditions on the development plan:

1. Adoption of a defined delivery route for the facility, which deters use of, and minimizes conflicts with residential or non-industrial roadways.
2. The facility confines operational hours for the rail component, servicing the site, to reflect the established time schedule for transitioning of noise limitations (limiting operations between 11 p.m. – 7 a.m.)
3. The property owner and/or applicant provide necessary, and reasonable, contributions to roadway improvements, not to exceed $50,000, in order to offset impacts of the facility operations prior to issuance of a Certificate of Occupancy.
4. The existing chain link fence, barbed wire fence presently securing the western portion of the site is replaced with an appropriate alternative to comply with established design review guidelines.
5. The property owner and/or applicant provide payment in-lieu of providing a sidewalk along South 3rd Street, prior to Building permit issuance.
6. The property owner and/or applicant record a unity of title for the project boundaries, prior to Building permit issuance.

Commissioner Perona sees this development as a preventative for a future staging area for the FEC railroad; under their ownership of the property, it would be within their rights to do so.  Further stating it was important to understand the I-1 zone.
 
Mayor Hudson opened the Public Hearing.
 
Mr. Stef Matthes, Culpepper & Terpening, representative for Rocla, appeared with a brief presentation of Rocla’s facility and functions that addressed noise, dust, environment, aesthetics and traffic.  He stated there would be a total of 42 employees, 24 will be the first shift with the remaining 18 working the second shift.  The applicants are entering into a renewable 5 year lease with FEC and they have long term plans to be in Fort Pierce.  They agree with staff conditions and wanted it known that they intend to be a good corporate neighbor. Mr. Matthes identified an opportunity to apply to FDOT for an Economic Development trust fund grant; they will be working with the City and assisting with the initial development plans as well as the costs estimates that are required to apply for the grant.  The City is looking at a grant that may be upwards of $300,000 toward improvements to the intersection of Georgia Avenue and U.S. Highway 1. 

Commissioner Becht added that a key component with this site is that it is in the FPRA area.  Because there is $10,000,000 of improvement, the property owner, FEC, will get to pay an additional amount to the County.  The County will then transmit that money back to the City’s FPRA, roughly an additional $50,000 a year.  All of the factors weigh into how this Commission is going to vote.  He inquired if the building plans have already been submitted to the building department.  Mr. Matthes confirmed the plans have been submitted and the total improvements are valued at $10,000,000.  Commissioner Becht stated that if the project is built per the plans submitted this will be a $10,000,000 facility.
 
Mr. Harold Holtsberg read a letter to the Commission written by William R. Dannahower stating his opposition to the project.  Mr. Holtsberg stated he does not reside within the area that received a ballot to vote on the project response; he is strongly opposed to a light industrial plant anywhere close to downtown Fort Pierce.  He feels the facility will not be able to contain the noise that will be generated and resonate from the metal building.  He is also concerned and wonders how much dust will get into the air and blown around the community.  Mr. Holtsberg hopes the Commission will consider what the impact might be with this facility’s proximity to the downtown area, stating the City currently has an industrial area that may be better suited for this facility.
 
Ms. Holly Theuns stated that her understanding is that the Comprehensive Plan is a tool the City uses to keep everyone going in the same direction.  She does not see that having industrial uses downtown is in keeping with the way that the Comprehensive Plan is moving forward.  The City is marketed as an eco-tourism destination.  A lot of resources have been used to decommission the power plant and remove industrial from the downtown area creating opportunities for other uses.  She outlined the work to the marina area and spoke of plans to move the wastewater treatment plant, clarifying the City has been removing industrial uses from the downtown area.  She stated the Cemex plant will be going on the market soon, which has the potential to remove even more of the industrial aspects from the downtown area.  In her opinion, this project does not meet the requirements for rezoning, does not promote the Comprehensive Plan and does not promote public health, safety or general welfare.  She is not against the cement company, she is not against the jobs, she stated she is against the downtown area industrial facility.
 
Mr. Dick Weden appeared to represent Chris Kesl, owner of 729 South Indian River Drive.  She owns the apartment complex at this address and states they already hear noise and has expressed that this facility will affect the value of her property as well others within the neighborhood.    Mr. Weden stated that he and his wife moved here recently and enjoy this quiet little town and believes Fort Pierce needs to stay the Sunrise City and not become an industrial location.
 
Dr. Ronald Lyman wanted to thank everyone here for all of the evident hard work that has been done on this project.  He inquired of the picture that was presented earlier, stating there is some work that has not been done.  Concrete and high levels of pH are toxic to the aquatic species   He is concerned where the concrete will be put after the fresh concrete is made.  He asked what is to happen when the lime and other materials leach off the new concrete when it is rinsed off or rains.  He is concerned the lime will change the pH of surrounding neighborhood wells and then onto the Indian River.  He thanks everyone for their hard work but he thinks before approving, there needs to be talk about whether there will be an impermeable membrane beneath the entire plant and everywhere fresh concrete will be stored.
 
Mr. Steven Tarr is speaking on behalf of the Fort Pierce Business Alliance.  They had a meeting where they discussed this project and were all unanimous against this project as presented.  They are for the business and the benefits the City will receive; he stated they are against the location.  There are so many better locations for this business in Fort Pierce.  The downtown area is turning around, there are new business owners and new property owners and things are moving in the right direction.  Once the zoning change is made it will be in place forever, Mr. Tarr does not feel a cement company making railway ties is light industrial.  In general, you have a lot of people that are against this and sounds like very few that are for it.
 
Mr. Robert Hall stated he recalled the infamous silos that was guaranteed to never leak, stating there was spillage into the river.  He agrees granite aggregate is a better product, but if it all is kept indoors it would hard to say what is actually being used.

Ms. Ingrid Van Hekken stated she does not reside within the City but for 24 years she has helped, raised money and volunteered for the City because it is her city even though she lives in the Village.  She stated that something very similar was going to happen in the village fifty years ago and they decided they did not want it; the City can still have the jobs and still the business in an industrial area.  We all made Fort Pierce the way it is now through plans and visions, she encourages the Commission to think about what they may or may not be approving. 
 
Ms. Anne Sinnott is asking the Commission to please not change the zoning from light industrial to the planned development zoning.  She identified four L’s; land, lagoon, level of service for our roads and longevity.  She asked that the Commission please listen to the people and constituents.  Please stick to our zoning where we have place for everything and everything in its place.

Mr. Rusty Croley with Rocla Concrete came forward to address some questions raised and explain about the manufacturing process.  All processes are done within the factory, the concrete is made within the structure and even the process of taking the sand and the aggregate from the storage bins into the mixer is within a closed area.   This is also a sound proofed area to keep noise down; the building is an insulated metal building with sound proof barriers around all high active intense noise areas.  Once the concrete is manufactured, it is transported inside the plant and cast into forms.  They are then stored in enclosed curing chambers until they reach 4,500 psi.  When the ties go through the manufacturing process and are stored in the storage yard they are completely cured, devoid of leaching.  He wanted to address this issue so everyone would understand that once watered in the storage yard there will be no leaching of lime or fly ash.  It will be cured and no different from the city sidewalks.  It is the company’s business plan to become a serviceable market for the southeast and supply ties to Tri-Rail and to FEC, as they have been doing. This is an opportunity for the Company to become and remain a service area for the southeast region of the U.S.  For the next 3 to 5 years the company is planning for double shifts to keep up with demand, after that time the plant will most likely reduce to a single shift.  Their Delaware location has exported to other countries, there is potential for this location to also export in the future.
 
Commissioner Becht suggested a condition be added, to be provided a contact name and cell number that will operated 24/7 on the chance anyone has a problem at 2:00 a.m. and they call 911, the duty officer will have a name and number to call and address the problem.  Mr. Croley stated they can definitely do this; it would most likely be the local operations manager once one is hired.
 
Mr. Bob LaDue with the Florida East Coast Railway stated that in the past the ties were manufactured by FEC up in Jacksonville.  They shut down their plant because they are not in the business of selling concrete ties.  Since that time, they have been purchasing them from Rocla out of their Delaware location stating the largest cost is in the transportation down the east coast.   He stated the ties that are currently in Fort Pierce are over 20 years old and within the next 20 years will all be replaced; he identified the plant as a "built in demand" facility.   He stated they have also met with the port and expressed their desire to export products from this port and believes this may be the stepping stone to open that area up once again.  This can be a real opportunity, not just a dream to expand and grow this business, there is a long term plan for this facility.  They are committed to growing their business and investing in the community, stating there is a phone that can be called if there are issues with the rail yard and he would be glad to share them with the general public.
 
Seeing no one further, Mayor Hudson closed the Public Hearing.
 
Commissioner Sessions stated the activity is going to take place inside of a very sound structure.   He admitted to seeing concerns with lime, but was reassured after hearing the applicant’s confidence of their ability to manufacture this product with no leakage.  If there is some place that ever needed an economic boost with jobs, it is here and definitely something to consider.
 
Commissioner Perona stated this has been a very interesting discussion tonight and he has been happy to hear from both sides.  No matter what happens tonight, the City still has a big railroad coming through the downtown area.  We have taken a look at a facility and after you look at all of the information and impacts the City is still looking at a rail yard that is owned by FEC. 
 
Commissioner Alexander stated the one thing that impressed him the most was their personal representation to the Commission and he thinks they did an excellent job and he looks forward to them coming back before the Commission with future projects for the City of Fort Pierce. 
 
Commissioner Becht had a couple of points referencing the rezoning.  He views the zoning of I-1 going to a PD as a downzoning.   There is very little control over what goes on in an I-1; with the rezoning to PD there is a great deal of control over what can happen on FEC property.  There are some smaller industrial uses that are close to downtown that were not mentioned.  He identified East Coast Lumber, Metra Trailers and Sailfish Brewery.  He feels it is in the City’s best interest to process the rezoning, and to keep in mind that this is a huge economic input to Fort Pierce.
 
Mayor Hudson met with the applicant and watched the Planning Board meeting; she has to say that this is a difficult decision.  This project has positives and negatives and one positive is that FEC property sitting there empty does not bring revenue to the City of Fort Pierce.  Ideally it should be situated someplace else.  Having said that she stated that this not your grandfather’s cement plant, this is a state of the art plant.  She has researched each of the individual plants and has found no complaints from anyone.   She sees nothing but improvement from the site.

Resolution No. 15-R17 appointing members to the Civil Service Appeals Board.

City Clerk Linda Cox stated Christine Taylor was appointed as the regular appointment and Mr. Steven DiPalma as the Commission alternate.  An email was received earlier today stating that Mr. DiPalma has resigned from the Civil Service Appeals Board.  At this time there will be one appointment to the Board, Ms. Christine Taylor.

City Manager's Departmental Activity Report

Mr. Bradshaw wanted to remind everyone of the Budget Workshop this Thursday at 9:00 a.m. until noon.  The City also has its final Strategic Planning Session on Thursday, July 16th at the Riverwalk Center.  The Conference Agenda will be Monday, July 13th, please forward to the City Manager's office any legislative priorities so they can be included on the agenda.