Approval of minutes from the July 6, 2015 meeting.

Mayor Hudson issued a Proclamation declaring July 25, 2015 as Treasure Coast Waterway Cleanup Day.

Brief presentation by MAD DADS Fort Pierce Chapter Inc. thanking City Commission for donation towards the youths participation in the Crime Prevention Workshop in Tampa.

Letter from Main Street Fort Pierce thanking Public Works, the Police Department and the City of Fort Pierce for the support, assistance and funding of Stars over St. Lucie - 4th of July Celebration and fireworks show.

Letter from St. Lucie County Commissioner Chris Dzadovsky extending his gratitude to City staff and to Rob Schwerer and his legal team for their significant contribution to the success of several joint projects with the County.

Email from Upendo Shabazz-Phillips with Allegany Franciscan Ministries thanking Public Works employees with their contribution to the success of their recent event.  

Waiver of interest and penalties in the amount of $2,945.03 for demolition lien totaling $5,295.03 against 1006 Avenue F, Ft. Pierce, FL 34950 previously owned by Pearl Eckles (Est), 299 Lefferts Ave., Brooklyn, NY 11225 and currently owned by Michelle A. Williams, 906 Avenue E, Ft. Pierce, FL 34950 in consideration of payment of $2,350.00 with a payment plan of $50.00 per month until paid.

Approval of Interlocal Agreement between the City of Fort Pierce and St. Lucie County for City to assume marketing, promotion, administration, operation and maintenance of all kiosks and markers associated with the Zora Neale Hurston Dust Tracks Heritage Trail.

Approval to enter into contractual negotiations with highest ranked proposer on RFP No. 2015-043 for the redevelopment, transfer or sale of surplus land located generally at 1920 Seaway Drive.

Approval to enter into an agreement with FDEP relating to Grant Agreement No. G0417 which provides funding for the construction and operation of a stormwater treatment system to be located at Veterans Memorial Park.

Approval of travel for Mayor Hudson to attend the Florida League of Cities Annual Conference in Orlando, FL on August 13-15, 2015 in the total amount of $1,264.41.

Approval of travel for Commissioner Alexander to attend the Florida League of Cities Annual Conference in Orlando, FL on August 13-15, 2015 in the total amount of $1,420.86.

Public Hearing on Proposed Allocations for CDBG 2015-2016 Action Plan
 
Grant Administrator Libby Woodruff appeared with a presentation.  The City will receive $474,148 from HUD this year, estimating the approximate program income to be around $6,000.  This brings the total amount of funds available for programs for the fiscal year of 2015-2016 to be $480,148.00. Ms. Woodruff outlined the suggested activities for this program year.

Commissioner Becht responded to the mural program, stating there needs to be a maintenance agreement in place for all City murals. 

Commissioner Sessions feels the Percy Peak Gymnasium needs to be open later than the current 8:00 p.m. closing time.  The City cannot afford not to be open, the City needs to take action and give younger folk's a place to go that is supervised and off the streets.  Stating it is the wee hours of the night and early morning when the young people seem to be getting into trouble.

Mayor Hudson opened the Public Hearing.

Seeing no one, Mayor Hudson closed the Public Hearing.

Ordinance 15-047 rezoning properties generally located at 600 S 3rd Street from I-1, Light Industrial Zone to PD, Planned Development Zone.  SECOND READING

City Clerk Linda Cox introduced the ordinance, read by title only, into the record.
 
Senior Planner Kori Benton was available for any questions.
 
Mayor Hudson open the Public Hearing.
 
Mr. Michael Jacquin wanted to thank the Commission and inquire if there were questions for the applicants and developer.  Mr. Pete Tesch, President of the Economic Development Council, came forward in response to Commissioner Becht’s request for clarification of the property’s taxable value.  He stated based on the capital budget outlay that was provided by Rocla Industries the property’s taxable value is $1.2 million.  In consultation with the Property Appraiser’s Office it was estimated in year 1 the total taxes generated will be $260,000, a total of $67,133 to the City of Fort Pierce.
 
Mr. Rusty Croley added that the project estimate provided to the Commission includes the actual budget for this project.  He stated that he cannot stand before the Commission today and say that $10.2 million is the definite number, in the building portion there were numbers included for site work that includes the landscaping.
 
Commissioner Becht inquired if the City can legally impose a condition that states their contribution to the General Fund for ad valorem taxes will be no less than $60,000 for the next 10 years, irrespective of the tax value of the property.  Mr. Schwerer explained this is a very complicated subject and requires time to research the issue.  He would have to look into that, stating that is similar to the payment in lieu of concept.  The Board and the applicant are not in control of what is assessed, noting the Property Appraiser does not assess at full value.  Secondly, he wanted to point out that a substantial portion of this is equipment which is subject to depreciation.  In the event the Commission wishes to pursue this he made the recommendation to postpone their decision until sometime in August to allow for the necessary time for research.
 
Commissioner Perona stated that all he wanted was for somebody to justify to him that the numbers provided are going to be true and accurate.  He does not want to stop the process right now and go back over all of the information to make a decision down the line.  He just needs validation the numbers are going to be what has been stated.
 
Mr. Jacquin reiterated that this is the information he has received.  He stated that Pete Tesch read the numbers and everyone is trying to be forthcoming.  They have been submitted and provided to the Commission.  He wanted to mention what they have offered $50,000 of improvements to 3rd Street.  This was not required, he feels by doing so they have gone above and beyond.  
 
Commissioner Sessions asked how they could legally hold them to saying this is a guaranteed tax assessed value.  From a legal standpoint, can the City even do that?  Mr. Schwerer has concerns on how that type of agreement could be structured to meet current legal parameters.  He stated he cannot tell the Commission tonight if there is a way to structure that request.  There are certain variables that they have no control over and he finds it difficult to hold the applicant accountable to a specific dollar amount.
 
Commissioner Becht is not in favor of delaying a decision.  He stated that sometimes he comes across as not being warm and inviting, but a huge part of his decision is based on the initial meetings with the applicant and developer.  He had heard stated there were $10 million of improvements and $10 million of equipment, not a combined project amount $10 million total.  He stated that he must have been mistaken in what he heard.
 
Mayor Hudson stated there is a lot of fear out there that the City is allowing industrial uses into our downtown area.  She thinks there is push back from the local citizens strictly because of the location; otherwise they welcome Rocla to Fort Pierce.  The Commission is making this decision because it will be good for Fort Pierce, she is making this decision based on the fact the City will have a manufacturing establishment that is paying taxes.  This will alleviate the tax burden on the citizens.
 
Commissioner Perona pointed out that the applicants did not ask for anything, he is comfortable the number provided is real and he wants the project to move forward and wants to welcome Rocla into the City of Fort Pierce.  Commissioner Sessions echoes Commissioner Perona.
 
Mr. Jacquin commended Mr. Benton on all of his hard work.  He stated he has had preliminary discussions with the Building Director Marc Meyers and they are working towards a ground breaking to get started and get the project moving forward as quickly as possible.
 
Mr. Bob Ledoux with the Florida East Coast Railway thanked the Commission for their due diligence.  He stated they have a vested interest for this to be a success here in Fort Pierce.  Rocla spoke of 42 jobs, FEC will be increasing jobs in Fort Pierce as well, and there will be ancillary positions beyond the 42 at the plant.  They appreciate all of the hard work and effort and look forward to a long and prosperous future here in Fort Pierce.
 
Seeing no one further, Mayor Hudson closed the Public Hearing.

Approval with conditions an 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 890 S US Highway 1, Fort Pierce, FL. 
 
Senior Planner Kori Benton appeared with a presentation. There are 3 components of their proposed development plan; the site plan and conditional use, request for abandonment of an alleyway as well as a request for transfer and acquisition of a small portion of property from the City of Fort Pierce to reconfigure and provide strategic improvement to the site.  Staff recommends the City Commission approve the project with the following conditions:

1. The applicant installs an additional bike rack within 50 feet of the main entrance of the new structure, pursuant to City Code Section 22-60(f) (1) c.
2. The applicant shall record a shared agreement between the 2 facilities, benefitting the abutting properties to the northwest prior to issuance of a Certificate of Occupancy.
3. The applicants request for abandonment of alleyway contained within proposed Ordinance 15-008 is approved prior to issuance of building permit, as the development plan encompasses the subject property.
4. The applicant successfully acquires the portion of city owned property (.18 acres) contained within proposed Resolution 15-R13 prior to issuance of building permit as the development plan encompasses the subject property.

Ordinance 15-008 abandoning remaining Alleyway located between Georgia Avenue and Hayes Road.   FIRST READING
 
City Clerk Linda Cox introduced the ordinance, read by title only, into the record.
 
Senior Planner Kori Benton appeared with a brief presentation.  Staff is recommending that the City Commission approve the requested abandonment, contingent upon the associated development agreement.
 
Mayor Hudson opened the Public Hearing.
 
Mr. John Foster, architect and land planner for the project, stated he appreciates all of the hard work that city staff has done to help pull this all together.  He explained they are taking a unused parcel and doing an infill development project that utilizes existing utilities that the city has paid for and installed years ago.  They will be providing a significant upgrade to the Policeman’s Memorial Park as well as providing a shield for the industrial area.  He thinks this project is a significant improvement for the City.  Mr. Foster added this business currently employs 50 and will be looking to take on another ten; stating the business is internationally known throughout North America and Europe. He requests approval of the abandonment.
 
Seeing no one further, Mayor Hudson closed the Public Hearing.
 
Mr. Benton indicated that staff will coordinate with Chief Hobley-Burney and welcome her to the process to explore the park improvements as they transpire.  There are established improvements on the table for the Policeman’s Memorial Park, but there are future improvements that they would like to coordinate and allow the Police Department to move forward with what they believe the vision of this park to be.

Presentation "Garden of Lights" by Robin Goldman, Fundraiser/Event Coordinator with Heathcote Botanical Gardens.

Ms. Goldman appeared with a presentation of the Garden of Lights hosted by Heathcote Botanical Gardens. She wanted to say a special thank you to Commissioner Alexander for his support at the Tourist Development Meeting last week.  She appreciates the Commission's continued support, they want this to be a community event. A safe, family oriented place for the holidays.  It will begin the week of Thanksgiving through the week after New Years on Friday and Saturday nights.  Except on Christmas weekend, then it will be on Saturday and Sunday night from 5:30 p.m. to 9:30 p.m.  There will a Gala on Tuesday, November 24th for all sponsors and dignitaries to attend. 

Ms. Goldman stated to make a donation simply call her at (772) 464-4672, call anytime from Monday through Friday between the hours of 9:00 to 5:00. 

Ms. Tracey Telle was tasked with coordinating a ribbon cutting ceremony for the Indian Hills Recreational Area Phase I with Heathcote Gardens and the kick off of their event.

Interpretation and Implementation of Section 22-3 and Definitions & Section 22-22 Vacation Rentals
 
Senior Planner Kori Benton appeared with a presentation.   The City of Fort Pierce’s definition for dwelling rental is very similar to the State’s definition for vacation rental.  Vacation rentals are permitted in specific zones or require a conditional use and prohibited in others. 
 
Mr. Schwerer added that this is a subject that is highly debated throughout the state.  It is a complicated subject; in the City code the definition of dwelling rentals appears to meet some of the same characteristics of the State Statute vacation rentals.  It is believed the City has some regulations that prohibit vacation rentals in place in certain zones that were adopted prior to the effective date of June 1, 2011.  It is also believed the City has conditional use regulations that are valid.  There is a meeting scheduled with the City Attorney and Planning staff to further discuss this issue. 
 
Commissioner Becht suggested this presentation was premature and does not want inaccurate information to be shared with the public.  The goal was not to confuse, but to educate the public.
 
Commissioner Perona received an invitation to list his house as a vacation rental, commenting there are homes that have gone into this business.  If this is illegal or not allowed, the City needs to be able to give good information to the public and the code enforcement department.

It was the consensus of the Commission to postpone for future discussion.

Presentation by Joseph Noel on a City owned and/or operated charter school.
 
Commissioner Sessions feels that drastic times call for drastic measures, stating that a lot of the youth today have lost hope.   Behavioral problems have put them out of school; he has seen the same families and their children in and out of the court system.  The crimes and the consequences are getting more severe, he does not feel incarceration is always the answer. He feels the City could reach out and offer them hope and an opportunity for an education.  He stated that Mr. Noel shared his wealth of knowledge with him of other cities that have taken the raise the village concept and put it into practice by opening charter schools.
 
Mr. Joseph Noel stated the village concept is not new.  A great city can educate and inspire its young people to do great things.  As cities expand and grow the schools need help and a charter school gives a city an opportunity to operate its own school.  These schools are publicly funded with fewer governmental regulations; the school can be as creative as possible.  One key factor is the partnership that begins with the local school district, it is really important for the application process to work and be approved by the State and ranked by the State Accountability System.   He stressed that charter schools are not as large and allow for more individual attention to the students.
 
Commissioner Becht inquired how many students will this bring in, where is the money going to come from, is there matching funds available from the state, federal and/or school board.  Mr. Noel responded that because this is a public school, it would receive the same level of funding as any public school would receive. Mr. Noel will look at getting the Commission a copy of the budget for the school in Pembroke Pines or Cape Coral.
 
Mayor Hudson stated that she will follow up with the League of Cities for additional information to be shared with the Commission.  She should have that information within a week.
 
Commissioner Sessions was excited to be able to bring something to the table that is different, creative and outside the box.  He asked the City Manager to please not let this fall through the cracks and requested a report be presented back to the City Commission in a timely fashion.
 
Commissioner Perona stated the City needs to look at the feasibility, the financial obligation and risks.  He shared that charter schools in recent years have suffered due to funding issues.

Presentation of the financial report for the quarter ending June 30, 2015.

Chief Accountant Johnna Morris appeared with a brief update of the 3rd quarter financial report for 2015.  She is happy to say that with the exception of the Marina's expense budget and the Building's revenue projections all of the funds are meeting with their projections.  The City is projecting at the end of this quarter an excess overage in revenue of $403,500 with shortages in the Local Option Gas Tax and Telecommunication Tax totalling $290,000.  She stated when taking into consideration revenue and expenses the City is over by $210,853.

Resolution 15-R21 appointing Mrs. Jane B Zezeck and reappointing Ms. Shirley Walker to the Fort Pierce Tree Board.

Resolution No. 15-R22 appointing an alternate member to the Civil Service Appeals Board.

Request for letter of support from Doug Coward, Executive Director, Solar and Energy Loan Fund (SELF) in support of its application to the National Oceanic and Atmospheric Administration (NOAA) FY 2015 Regional Coastal Resilience Program.

City Manager's Departmental Activity Report

Mr. Bradshaw wanted to remind the Commission that Budget Workshop #2 is scheduled for Thursday, August 6th in the Commission Chambers between the hours of 9:00 a.m. to noon.  An update on the annexation strategy, it has been scheduled for the Conference Agenda in August.