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, SEPTEMBER 21, 2015.
1.
CALL TO ORDER - Mayor Hudson called the meeting to order at 6:31 p.m.
2.
OPENING PRAYER - Father Michael McNally of St. Mark Evangelist Catholic 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 from the August 17, 2015 closed meeting.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Rufus Alexander to approve the minutes from the August 17, 2015 closed meeting.
- AYE:
- Commissioner Rufus Alexander, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson
Passed
b.
Approval of minutes from the September 1, 2015 Special Budget Meeting, the September 8, 2015 Regular Meeting and the September 14, 2015 Special Budget Meeting.
Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Reginald Sessions to approve the minutes from the September 1, 2015 Special Budget Meeting, the September 8, 2015 Regular Meeting and the September 14, 2015 Special Budget Meeting.
- AYE:
- Commissioner Rufus Alexander, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson
Passed
6.
PROCLAMATIONS
a.
Mayor Hudson issued a Proclamation declaring September 30, 2015 as Dads take your Children to School Day.
b.
Mayor Hudson issued a Proclamation declaring September 21, 2015 as Alzheimer's Awareness Day.
c.
Mayor Hudson issued a Proclamation declaring September 22 as National Voter Registration Day.
d.
Mayor Hudson issued a Proclamation recognizing the retirement of Gloria Johnson, Finance Director.
e.
Mayor Hudson issued a Proclamation recognizing the retirement of Marjorie Gaskin, MIS Director.
7.
LETTERS TO COMMISSION - The following letter will be kept on file in the City Clerk's Office.
a.
Brief presentation by South Beach Association of $20,000 to Chief Diane Hobley-Burney for the purchase of 2 ATVs for the Police Department.
8.
COMMENTS FROM THE PUBLIC ON AGENDA ITEMS NOT REQUIRING PUBLIC HEARINGS - There were no comments from the public.
9.
CONSENT AGENDA
a.
Approval of the FY 2016 Humane Society Contract in the amount of $125,000.00.
b.
Request to reduce code enforcement fines in the amount of $315,290.00 against 2110 S 33rd Street which was previously owned by Rita J. & Roy D. Richardson, 2110 S 33rd Street, Ft. Pierce, FL 34947 and currently owned by Feroz A. Chagani, 1989 S US
Highway 1, Ft. Pierce, FL 34950 to $24,000.00.
Highway 1, Ft. Pierce, FL 34950 to $24,000.00.
c.
Approve the purchase of equipment and its installation from Pro Sound & Video in the total amount of $26,433.50 to outfit the second floor conference room with audio recording capabilities and to upgrade our broadcast equipment and scheduler to Tightrope to enable more effective control of our television station schedule.
d.
Approval of Collective Bargaining Agreement between the City of Fort Pierce and Teamsters Local Union Number 769 (General Employee Unit) for the period of October 1, 2014 through September 30, 2017.
Commissioner Sessions pulled item 9a.
Commissioner Sessions pulled item 9a.
Motion was made by Commissioner Edward Becht, seconded by Commissioner Thomas Perona that the following items on the Consent Agenda be approved, 9b, 9c, 9d.
- AYE:
- Commissioner Rufus Alexander, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson
Passed
As to item 9a, Commissioner Sessions wanted to discuss the condition of the building and asked staff if we have addressed the needs before we enter into a new contract.
Peggy Arraiz, Code Compliance Manager, stated that the land is owned by the City, and since the buildings are owned by the Humane Society, they are responsible for the upkeep. The buildings have aged but are functional and we have the ability to inspect at any time. We are most concerned that the animals are in a clean, safe condition. This is the fifth (5th) year that we are able to maintain a flat rate of $125k. There will be strong negotiations this year. Their cost of operations may be going up, but our numbers are going down. This will come before the commission.
Peggy Arraiz, Code Compliance Manager, stated that the land is owned by the City, and since the buildings are owned by the Humane Society, they are responsible for the upkeep. The buildings have aged but are functional and we have the ability to inspect at any time. We are most concerned that the animals are in a clean, safe condition. This is the fifth (5th) year that we are able to maintain a flat rate of $125k. There will be strong negotiations this year. Their cost of operations may be going up, but our numbers are going down. This will come before the commission.
Motion was made by Commissioner Reginald Sessions, seconded by Commissioner Thomas Perona to approve Consent Agenda item 9a.
- AYE:
- Commissioner Rufus Alexander, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson
Passed
10.
PUBLIC HEARINGS
a.
Ordinance 15-051 – Rezoning properties generally located at 601 Seaway Drive containing 18.02 acres +/- from R-3, Single-Family Moderate Density Residential to C-5, Tourist Commercial. SECOND READING
Linda Cox, City Clerk, introduced the ordinance, read by title only, into the record.
Kori Benton, Senior Planner, was available for questions.
Mayor Hudson opened the public hearing.
Seeing no one, Mayor Hudson closed the public hearing.
Linda Cox, City Clerk, introduced the ordinance, read by title only, into the record.
Kori Benton, Senior Planner, was available for questions.
Mayor Hudson opened the public hearing.
Seeing no one, Mayor Hudson closed the public hearing.
Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Edward Becht to approve ordinance on second reading.
- AYE:
- Commissioner Rufus Alexander, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson
Passed
b.
Ordinance 15-050 approving a Comprehensive Plan Map Amendment from OP, Office Professional to CBD, Central Business District for properties located on S Indian River Drive. FIRST READING
Linda Cox, City Clerk, introduced the ordinance, read by title only, into the record.
Clarissa Davis, Planner, appeared with a presentation of the comprehensive plan map amendment. The proposal is for seven (7) properties totaling a little over three (3) acres. This would be a change from the existing Office Professional (OP) to Central Business District (CBD) future land use designation for the downtown Fort Pierce area. The Planning Board voted unanimously and the staff recommendation is to approve the application.
Mayor Hudson opened the Public Hearing.
Bill Stoddard, stated that this is a great opportunity to expand the Central Business District (CBD) along the waterfront and should allow public access. With the upcoming St. Andrew's expansion, and a change to CBD, the market is there to support the additional residential units with commercial activity. We ask that you support the application to future land use CBD, zoning C1 will remain consistent.
Seeing no one, Mayor Hudson closed the public hearing.
Commissioner Becht abstained due to owning property near this parcel and filed Form 8B as required.
Linda Cox, City Clerk, introduced the ordinance, read by title only, into the record.
Clarissa Davis, Planner, appeared with a presentation of the comprehensive plan map amendment. The proposal is for seven (7) properties totaling a little over three (3) acres. This would be a change from the existing Office Professional (OP) to Central Business District (CBD) future land use designation for the downtown Fort Pierce area. The Planning Board voted unanimously and the staff recommendation is to approve the application.
Mayor Hudson opened the Public Hearing.
Bill Stoddard, stated that this is a great opportunity to expand the Central Business District (CBD) along the waterfront and should allow public access. With the upcoming St. Andrew's expansion, and a change to CBD, the market is there to support the additional residential units with commercial activity. We ask that you support the application to future land use CBD, zoning C1 will remain consistent.
Seeing no one, Mayor Hudson closed the public hearing.
Commissioner Becht abstained due to owning property near this parcel and filed Form 8B as required.
Motion was made by Commissioner Reginald Sessions, seconded by Commissioner Thomas Perona to approve the Comprehensive Plan Map Amendment from OP, Office Professional to CBD, Central Business District for properties located along Indian River Drive.
- AYE:
- Commissioner Rufus Alexander, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson
- Other:
- Commissioner Edward Becht (ABSTAIN)
Passed
c.
Approval of a Site Plan and Design Review Application submitted by Mariner Cove Builders, LLC for property located at 3200 Edwards Road to construct a 216 unit rental apartment development. Property is zoned R-4, Medium Density Residential (Parcel IDs 2430-231-0001-000-4; 2430-234-0001-000-3).
Clarissa Davis, Planner, appeared with a presentation of the 216 townhome-like rental apartments. This will be a gated community that has a playground, attached and detached garages, and off-street parking. The applicants are also proposing infrastructure for an influx of vegetation. The Planning Board and staff recommend approval.
Commissioner Becht wanted to clarify that there is a public right of way since it adjoins a public road. We should do our part with the county to try and put this together.
Mayor Hudson opened the public hearing.
Stanley Markovsky, Owner, was available for questions.
Bill McCain, McCain and Associates, stated that there is specific language that allows passive recreational use with the owner's permission. The owner considers it an enhancement to their development. He still maintains the commitment to work with the county. The activity is allowed within easement.
Chris Dzadovsky, BOCC, stated that he would like the support in getting the easements that are necessary for the green ways and trails systems. The Ten Mile Creek area is a great eco-tourism opportunity. We should have our staffs come back together to discuss and reinvigorate the green ways and trails.
Amy Griffin, Environmental Regulations and Land Management Division Manager, St. Lucie County, stated that the green ways and trails system is like a puzzle. We have worked with Mr. McCain to expand the language to allow public access. We should communicate more on this project and she wants to offer her staff to give an overview. When the pieces come together, we will start the next phase of implementation and construction. Now is the time to set it aside for a condition of approval.
Stanley Markovsky stated that he has stipulated that he would grant any easements for the easterly county right of way.
Seeing no one, Mayor Hudson closed the public hearing.
Clarissa Davis, Planner, appeared with a presentation of the 216 townhome-like rental apartments. This will be a gated community that has a playground, attached and detached garages, and off-street parking. The applicants are also proposing infrastructure for an influx of vegetation. The Planning Board and staff recommend approval.
Commissioner Becht wanted to clarify that there is a public right of way since it adjoins a public road. We should do our part with the county to try and put this together.
Mayor Hudson opened the public hearing.
Stanley Markovsky, Owner, was available for questions.
Bill McCain, McCain and Associates, stated that there is specific language that allows passive recreational use with the owner's permission. The owner considers it an enhancement to their development. He still maintains the commitment to work with the county. The activity is allowed within easement.
Chris Dzadovsky, BOCC, stated that he would like the support in getting the easements that are necessary for the green ways and trails systems. The Ten Mile Creek area is a great eco-tourism opportunity. We should have our staffs come back together to discuss and reinvigorate the green ways and trails.
Amy Griffin, Environmental Regulations and Land Management Division Manager, St. Lucie County, stated that the green ways and trails system is like a puzzle. We have worked with Mr. McCain to expand the language to allow public access. We should communicate more on this project and she wants to offer her staff to give an overview. When the pieces come together, we will start the next phase of implementation and construction. Now is the time to set it aside for a condition of approval.
Stanley Markovsky stated that he has stipulated that he would grant any easements for the easterly county right of way.
Seeing no one, Mayor Hudson closed the public hearing.
Motion was made by Commissioner Edward Becht, seconded by Commissioner Thomas Perona to approve with conditions that the owner shall grant public access to the conservation easement existing on the southern edge of the property; such access is not required to be the through the project itself, but rather along the easterly edge of the project.
- AYE:
- Commissioner Rufus Alexander, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson
Passed
11.
MISCELLANEOUS REPORTS & REQUESTS
a.
Presentation of an Overview of the FMPA by Nick Guarriello, General Manager and CEO, and Jody Finklea, Assistant General Counsel and Manager of Legal Affairs.
Nick Guarriello appeared with a presentation providing and overview of FMPA (Florida Municipal Power Agency). FMPA is a wholesale power provider for 31 municipalities in the state, and they provide service to the City of Fort Pierce. They offer Member Services that include training, conservation, joint purchasing, and distribution reliability. Cities govern FMPA through the board and executive committee. Local officials are required to serve on the board. FMPA delivers and distributes power, and sets rates and billing; it is community and locally governed. City of Fort Pierce rates are lower than the average, have recently gone down and there is another possible reduction in October. Rates are based on costs, and since some costs change quickly, you must be able to recover it quickly. That is why there are power cost adjustments, whether a decrease or increase. The current bill has a $3 credit. The cost of gas has gone down because oil has changed a lot. The EPA has a finalized carbon rule to assist with climate change and climate concerns. Electric utilities must reduce carbon out take by 32% by 2030; methods include nuclear, carbon free, solar, wind, conservation, etc. This statewide plan may cause electric rates to go up.
Jody Finklea, appeared and presented on current events and audit update. The Florida Auditor General completed their audit at the end of 2014; 10 out of 15 findings have already been addressed, with the rest being addressed by the end of the year. Taylor Swaps have been terminated as of earlier this year, noting that the project was canceled in 2007. Vero Beach's deal to sell its' utility agreement has not moved forward. FMPA contracts must be enforced because contract provisions are set to protect municipalities, and Fort Pierce has the biggest interest of any member. If one group walks away, the rest are left to hold the bag. We have instituted a number of policies to address transparency because the perception was that we were not. FMPA is continuing to address new trends and support its members.
Nick Guarriello appeared with a presentation providing and overview of FMPA (Florida Municipal Power Agency). FMPA is a wholesale power provider for 31 municipalities in the state, and they provide service to the City of Fort Pierce. They offer Member Services that include training, conservation, joint purchasing, and distribution reliability. Cities govern FMPA through the board and executive committee. Local officials are required to serve on the board. FMPA delivers and distributes power, and sets rates and billing; it is community and locally governed. City of Fort Pierce rates are lower than the average, have recently gone down and there is another possible reduction in October. Rates are based on costs, and since some costs change quickly, you must be able to recover it quickly. That is why there are power cost adjustments, whether a decrease or increase. The current bill has a $3 credit. The cost of gas has gone down because oil has changed a lot. The EPA has a finalized carbon rule to assist with climate change and climate concerns. Electric utilities must reduce carbon out take by 32% by 2030; methods include nuclear, carbon free, solar, wind, conservation, etc. This statewide plan may cause electric rates to go up.
Jody Finklea, appeared and presented on current events and audit update. The Florida Auditor General completed their audit at the end of 2014; 10 out of 15 findings have already been addressed, with the rest being addressed by the end of the year. Taylor Swaps have been terminated as of earlier this year, noting that the project was canceled in 2007. Vero Beach's deal to sell its' utility agreement has not moved forward. FMPA contracts must be enforced because contract provisions are set to protect municipalities, and Fort Pierce has the biggest interest of any member. If one group walks away, the rest are left to hold the bag. We have instituted a number of policies to address transparency because the perception was that we were not. FMPA is continuing to address new trends and support its members.
b.
Presentation of the newly rebranded Treasure Coast International Airport and Business Park by John Wiatrak, Airport Manager.
John Wiatrak appeared and presented an update on the newly rebranded Treasure Coast International Airport (TCIA). The Business and Marketing plan includes branding, community value, entrance improvements, maintenance / repair, and MRO Hanger. TCIA currently has a $155M economic impact on the area. They are on 3800 acres, which is larger than Miami International Airport, Ft. Lauderdale-Hollywood International Airport, and Palm Beach International. They follow FAA regulation rules, which is necessary before they can become a commercial airport; all standards are ready for an airline. They are ready to accommodate when the time comes.
TCIA is 100% leased and we are looking to build. There are zero noise complaints because we have a great relationship with the community. The improvements for the entrance has funding in place, with 80% being paid by FDOT. There is great economic potential for aviation in Florida due to the strong existing industry, low taxes, a skilled and available work force, good weather, and no other state spends as much on airports.
The TCIA is for everyone in the region. Their goals include becoming self-sustainable, creating revenue, and to promote job growth. They would like to have everyone either work there or to know someone who works at the airport. They have great access, lots of land available, and they hope to continue to build strong local support. The Master Plan includes a future development plan which must go through FAA and FDOT for approval. The next steps include working with cities, Chamber, and EDC to promote the airport. They want to grow smart and have our citizens get excited about our potential.
Commission discussion included determining how the City of Fort Pierce can help, inviting someone from TCERDA to keep us updated annually, keeping an emphasis on north county as a job center, and thanking TCIA for keeping the Port of Fort Pierce as a part of the project.
Mark Satterlee, Deputy County Administrator, added that he appreciated our energy and urged that the support will be needed when it is time to go before the legislature.
John Wiatrak appeared and presented an update on the newly rebranded Treasure Coast International Airport (TCIA). The Business and Marketing plan includes branding, community value, entrance improvements, maintenance / repair, and MRO Hanger. TCIA currently has a $155M economic impact on the area. They are on 3800 acres, which is larger than Miami International Airport, Ft. Lauderdale-Hollywood International Airport, and Palm Beach International. They follow FAA regulation rules, which is necessary before they can become a commercial airport; all standards are ready for an airline. They are ready to accommodate when the time comes.
TCIA is 100% leased and we are looking to build. There are zero noise complaints because we have a great relationship with the community. The improvements for the entrance has funding in place, with 80% being paid by FDOT. There is great economic potential for aviation in Florida due to the strong existing industry, low taxes, a skilled and available work force, good weather, and no other state spends as much on airports.
The TCIA is for everyone in the region. Their goals include becoming self-sustainable, creating revenue, and to promote job growth. They would like to have everyone either work there or to know someone who works at the airport. They have great access, lots of land available, and they hope to continue to build strong local support. The Master Plan includes a future development plan which must go through FAA and FDOT for approval. The next steps include working with cities, Chamber, and EDC to promote the airport. They want to grow smart and have our citizens get excited about our potential.
Commission discussion included determining how the City of Fort Pierce can help, inviting someone from TCERDA to keep us updated annually, keeping an emphasis on north county as a job center, and thanking TCIA for keeping the Port of Fort Pierce as a part of the project.
Mark Satterlee, Deputy County Administrator, added that he appreciated our energy and urged that the support will be needed when it is time to go before the legislature.
c.
Presentation on the financial status of the different funds of the City for the month ending August 31, 2015.
Johnna Morris, Chief Accountant, reviewed the status of funds for the City for month ending August 31, 2015. Total available resources are $6,439,620, minus our reserves, our unrestricted resources are $2,462,912.
Johnna Morris, Chief Accountant, reviewed the status of funds for the City for month ending August 31, 2015. Total available resources are $6,439,620, minus our reserves, our unrestricted resources are $2,462,912.
12.
CITY COMMISSION
a.
Discussion on Moore's Creek Revegetation Project at the request of Commissioner Alexander
Jim Oppenborn, SLC Coastal Resources Supervisor, and Alisa Jordan, Florida Fish & Wildlife Conservation (FWC), appeared to discuss increasing the water quality of the lagoon. FWC has offered the Valisneria americana plant that will help our freshwater wetlands. The plants have been used in creeks, rivers and in many tributaries. This experiment will look to increase the habitat by planting the plants and increasing water quality. This project could help increase property values along Moore's Creek, while decreasing dredging and herbicides. The tributaries in urban areas are often neglected. The work is done by volunteers and FWC will get grants to pay for the plants. This project may take many years and they may have to harvest the plants. They need the City's permission to start the project, will not create liability and do not need any money. If it turns into a project, they will get funding. The goal is to get the community to take ownership of the project, participate in a special event once the plants are received, which should be in July.
The Commission discussion included being pleased with natural solutions to issues in the waterways, pointing out that they want to make sure it is not invasive or prolific (like kudzu) and can be controlled. The consensus is to give permission and partner with the project.
Jim Oppenborn, SLC Coastal Resources Supervisor, and Alisa Jordan, Florida Fish & Wildlife Conservation (FWC), appeared to discuss increasing the water quality of the lagoon. FWC has offered the Valisneria americana plant that will help our freshwater wetlands. The plants have been used in creeks, rivers and in many tributaries. This experiment will look to increase the habitat by planting the plants and increasing water quality. This project could help increase property values along Moore's Creek, while decreasing dredging and herbicides. The tributaries in urban areas are often neglected. The work is done by volunteers and FWC will get grants to pay for the plants. This project may take many years and they may have to harvest the plants. They need the City's permission to start the project, will not create liability and do not need any money. If it turns into a project, they will get funding. The goal is to get the community to take ownership of the project, participate in a special event once the plants are received, which should be in July.
The Commission discussion included being pleased with natural solutions to issues in the waterways, pointing out that they want to make sure it is not invasive or prolific (like kudzu) and can be controlled. The consensus is to give permission and partner with the project.
b.
Resolution 15-R24 re-appointing Daniel M. Delulio to the Fort Pierce Utilities Authority Board
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Edward Becht to re-appoint Daniel M. Delulio to the FPUA Board.
- AYE:
- Commissioner Edward Becht, Commissioner Thomas Perona, Mayor Linda Hudson
- NAY:
- Commissioner Rufus Alexander, Commissioner Reginald Sessions
Passed
c.
Submittal of applications for re-appointment to the Historic Preservation Board -
This will come back before the next meeting in the form of a Resolution.
This will come back before the next meeting in the form of a Resolution.
13.
COMMENTS FROM THE PUBLIC -
John Jolley
Mike Perri
John Jolley
Mike Perri
14.
COMMENTS FROM THE CITY MANAGER
a.
City Manager's Departmental Activity Report -
Robert Bradshaw stated that he appreciated the County for their presentation on the airport and he supports the regionalization partnership. He urged that the Commission not lose focus and keep our priority on the Port of Fort Pierce.
Robert Schwerer stated that we are in litigation with FP Petroleum Marine Consultants and asked for an executive session, scheduled for October 5, 2015 at 5:30 p.m., pursuant to F.S. 286.011(8).
Robert Bradshaw stated that he appreciated the County for their presentation on the airport and he supports the regionalization partnership. He urged that the Commission not lose focus and keep our priority on the Port of Fort Pierce.
Robert Schwerer stated that we are in litigation with FP Petroleum Marine Consultants and asked for an executive session, scheduled for October 5, 2015 at 5:30 p.m., pursuant to F.S. 286.011(8).
15.
COMMENTS FROM THE COMMISSION - There were no comments from the Commission.
16.
ADJOURNMENT - There being no further business, Mayor Hudson declared the meeting adjourned at 10:36 p.m.
ATTEST:
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CITY CLERK
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MAYOR COMMISSIONER
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