Proposed Ordinance for Implementing Florida-Friendly Use of Fertilizer on Urban Landscapes - City Engineer, John Andrews

A Power Point presentation, “Implementing Florida-Friendly Use of Fertilizer on Urban Landscaping!, was given by the City Engineer, Jack Andrews. 

This item was moved to the second discussion in order to have all members of the City Commission present.

The City Commission held a discussion and directed the City Manager to follow the action taken by the City of Port St. Lucie as they are scheduled to vote on this issue at their first meeting in March.  It should be placed on the March 17, 2014, City Commission Meeting Agenda for action.  This will keep the status quo between the municipalities to assist the businesses which operate in both areas.  There is a difference between the ordinance proposed by the Florida Department of Environmental Protection (FDEP) and the one proposed by St. Lucie County (SLC) and the City of Port St. Lucie (PSL).  The FDEP is a full time ban all year while SLC and PSL only have the ban implemented from June 1 through September 30 of each year.  This is essentially the rainy period for Florida.  The ordinance does not contain a ban on sales for businesses even during the time period that usage of the fertilizers is banned.  This is felt to be an issue of educating the public as to the effects of the fertilizers rather than an enforcement issue. The ban would apply to residential properties only,  with golf courses and agricultural lands exempted.  Consistency and continuous education are necessary to be successful.  The use of the city’s television channel could be utilized to assist in educating the public on this issue. The City Attorney stated that the majority of the phosphorus/nitrogen from the fertilizers is from Orlando and inland areas which travel to the Indian River through Lake Okeechobee water releases.  Water sampling may be necessary to show that the chemical levels are already in the water prior to it entering the city limits of Fort Pierce.  The ordinance may face challenges if it progresses at a later point to attempt to ban the sale of fertilizers as the agricultural runoff and urbanization of other areas is the main source into the Kissimmee River rather than local residential use of fertilizers. 
 

Priorities for Legislative Delegation Presentation - Deputy City Manager, Nicholas Mimms

This item was moved forward as the first discussion of the meeting.

The Deputy City Manager, Nicholas Mimms, stated that the team consists of himself, the City Clerk, Planning Manager and the Building Administrator.  There were four priorities established in the previous year: Priorities:  Annexations, the Port of Fort Pierce, Passenger Rail Service, Community Development Block Grant (CDBG) Program and the State Housing Initiative Program (SHIP).  The Indian River Lagoon has been added this year. 
 
The City Commission held a discussion and directed the City Manager to include two additional items:  the St. Lucie County Airport and the Treasure Coast Education and Research Development Authority (TCERDA).  These are issues which benefit the county but that the city is closely tied to and should be on the list of 2014 Legislative Delegation Priorities.
 
All Aboard Florida, the passenger railway service, may have fallout.  Concern needs to be expressed about the infrastructure improvements that will be necessary in order to maintain the quality of life.  Expenses will need to be tied to it with a line item in the state budget.  Need to proceed with quiet zones and security at crossing zones.  The state needs to regulate them now before the railway service is up and running when they will say the railway is regulated by the federal government.  Railway crossings at U.S. Highway #1 and Seaway Drive and also at the North Beach are short stops and may be serious safety concerns.  There is a large freight component to be considered in addition to the passenger service.  This will bring large amounts of vibration which will affect our historic city with its aging infrastructure.  The City Commission needs to maintain a presence at the St. Lucie Transportation Planning Organization (TPO) which is also including this issue in their Legislative Priorities in order to make sure the state recognizes the environmental, traffic and any other impacts which may need funding.  Other city issues include necessary maintenance on the Citrus Avenue overpass, placing utilities underground at railway crossings, pavers, and landscaping.  Mr. Mimms stated that it is extremely early in the process and he has open lines of communication with the FECI.  The Environmental Assessment and the survey have not been completed, nor have the conceptual plans been completed.  The City Attorney has a copy of a draft agreement which is being passed around in most of the southern municipalities.  He has commented to the City Manager that the city would not support the language contained in it.  They are asking the city to commit to bearing the expense of all future improvements required for the railway crossings.  This would essentially give them a blank check to pay for all of the safety and upgraded requirements with them committing to the basic costs and expenses.  The City of Fort Pierce is in a unique position regarding our crossing agreements as it has always maintained that the crossings were here before the railway got here.  The city does not pay for normal maintenance on them, only for upgrades such as the paver blocks and landscaping.  Any agreement is still too far premature at this time to enter into any agreements with them.   The railway service has a valid right of way and cannot be told that they cannot bring the railway through the city.  FECI has committed to working with the city to create whatever type safety issues we agree to.  A raised track was suggested to alleviate safety concerns.
 

Annexation Options and Strategies - Planning Manager, Rebecca Grohall

Annexation Strategies were presented by the Planning Manager, Rebecca Grohall, which included Enclave Annexation, Interlocal Service Boundary (ISB) Agreements and Annexation by Legislation.  The City Commission held a discussion and directed the City Manager to begin annexations with commercial properties located within the city enclaves in order to avoid residential properties which may be more resistant to being annexed.  The State Statute allows the Fort Pierce Utilities Authority (FPUA) to mandate utility hook ups with sanitary or wastewater issues with a year’s notice, but will not pursue this route of annexation. The uncharted territory is that the FPUA will not hook them up without an annexation agreement which the city requires.  Follow through is required to locate the annexation agreements for Flying J and the adjacent corners with commercial properties.  State properties can be jumped over to annex contiguous areas. St. Lucie County will be resistant to annexation of the airport.  Annexation of the St. Lucie County Nuclear Power Plant should be incorporated in the Strategic Planning Workshop for implementation down the road.
 
The City Manager was also directed to begin aggressively pursuing these methods of annexation by negotiating and starting a conversation with St. Lucie County.  The FPUA agreements should be checked to verify that any eligible properties which are contiguous and receiving city services have been annexed.  Voluntary annexation fee could have a moratorium placed on it.  This fee only applies to large developments as it does not apply to smaller parcels. A fee schedule could be included for various size properties with a time sensitive approach.  A schedule of the fees currently being charged will be provided to the City Commission for consideration of a moratorium. 
 

Fort Pierce Redevelopment Agency (FPRA) Expansion Analysis - Planning Manager, Rebecca Grohall

The FRPA currently accounts for approximately 47% of the city’s geographical area with 25% of the city’s tax base.  With this proposed expansion of its boundaries, it would account for approximately 62% of the geographical area and one third of all city tax revenues. The generation of tax revenues over the next ten years is estimated at a total of $1.6 million with an additional $835,000 from the participation of St. Lucie County. Planning Director was not convinced that this would be the best course of action as the funds are constrained rather than being held in the General Fund to be applied to many different uses.  Two assumptions used for this recommendation not to move forward with the FPRA expansion may not be valid:  the legal issue of St. Lucie County opting out of funding and the assumption that real estate recovery will be minor or slow.  Another issue to consider is that there has been a reduction in staff which would be necessary to provide services for an expanded CRA district.
 
The City Commission held a discussion and directed the City Attorney to provide a more in depth response regarding a change in State Statute mentioned by Ms. Grohall which would allow St. Lucie County to veto or opt out of the FPRA contribution for the expansion.  The hospital should also be evaluated to ascertain if it can also opt out of participation in the CRA district.  These would be major factors in the decision by the City Commission as to whether or not the expansion would be viable.  Mr. Schwerer stated that the county could respond to the city’s notice of a CRA expansion by responding with their own notice specifying that the county has competing policy goals and plans for these public funds. A meeting of the two bodies would then need to occur in order to hold a public discussion to propose a modification of the plan.  The meeting needs to take place within 90 days of the process.  If the city does not agree with the county, then the city may proceed unilaterally within 30 days to continue with the CRA expansion.  Voluntary agreements can be made that some or all of the funds go somewhere else other than the CRA, but they cannot opt out on their own. 
 
The City Manager was directed to assign staff to conduct research to determine if the city is vulnerable to an audit of the CRA districts showing the use of funds within the district in which they originated.  The City Commission would need to provide a consensus on the expansion to move forward as soon as possible.  Plan Amendments need to be prepared and a workshop needs to be scheduled in March in order to meet the April 1, 2014, date for proceeding with the expansion in time to complete it.  This would ensure the capture of this revenue for the next tax year.