city of port st. lucie city council regular meeting minutes june...

1

CN061311

CITY OF PORT ST. LUCIE

CITY COUNCIL REGULAR MEETING MINUTES

JUNE 13, 2011

A Regular Meeting of the CITY COUNCIL of the City of Port St.

Lucie was called to order by Mayor Faiella on June 13, 2011, at

7:00 p.m., at Port St. Lucie City Hall, 121 SW Port St. Lucie

Boulevard, Port St. Lucie, Florida.

1. MEETING CALLED TO ORDER

2. ROLL CALL

Council Members

Present: Mayor JoAnn M. Faiella

Vice Mayor Linda Bartz

Councilwoman Michelle Lee Berger

Councilman Jack Kelly

Councilwoman Shannon M. Martin

Others Present: Jerry A. Bentrott, City Manager

Roger G. Orr, City Attorney

James Arnold, Neighborhood Service Director

Anne Cox, Assistant Planning and

Zoning Director

Edward Cunningham, Communications Director

Kim Graham, Assistant City Engineer

Jesus A. Merejo, Utilities Director

Karen A. Phillips, City Clerk

David K. Pollard, OMB Director

Tricia Swift-Pollard, Community Services

Director

April C. Stoncius, Records Specialist

3. INVOCATION & PLEDGE OF ALLEGIANCE

The City Clerk gave the Invocation, and Mayor Faiella led the

assembly in the Pledge of Allegiance.

4. PUBLIC TO BE HEARD

JOHN METHVIN – ANIMAL CONTROL/AIR CONDITIONING

Mr. Methvin said, “I’ve had repeated experience with an Animal

Control Officer in the City named Karen Leonard. An animal that

CITY COUNCIL REGULAR MEETING MINUTES JUNE 13, 2011

2

belongs to a neighbor of mine has been confiscated three times,

twice by Officer Leonard. The dog, a shepherd mix, caused me an

injury that required abdominal surgery. It is no little matter

for me to thank her for making sure that this dog was

confiscated. Since it was the third time, this is going to a

court hearing. The job these people do with a shrinking budget

and risking their own safety to protect us all should not be

forgotten. Officer Leonard deserves a thank you. The whole

department deserves a thank you from all of us for the hard work

they do and the risks they take on a daily basis. In speaking

with them I have learned of all the budget cuts they face. It is

still my opinion that when we have golf courses and bloated turf

teams and Civic Centers, Animal Control and the Police

Department are things we need to focus on taking better care of.

We need to make sure these departments are healthy and sound.”

Mr. Methvin said, “On a separate note, I recently had an air

conditioning system installed in my house by Nisair in Fort

Pierce. Within a month there were five things wrong with it.

They kept their word, though, and were very timely in their

repairs. They kept every promise. Not only that, there was a

neighbor who was in foreclosure. The husband is an electrician

and has to travel to Texas to find work. Their AC was broken.

She has two babies. Jim, the supervisor from Nisair, went over

at his own cost and fixed the AC twice for free. They deserve

recognition, too.”

MICHAEL SCHMIDT – CHICKENS

Mr. Schmidt said, “I am a judge for the American Poultry

Association and Superintendent of the Purebred Poultry Show with

the Florida State Fair. I found out about your ordinance. I live

in Martin County but I have family in Port St. Lucie. I am also

a minister for a church in Port St. Lucie, so I have a stake in

this City becoming worse or in property values being lowered. I

want to talk about poultry in this kind of setting. Most people

only know two kinds of chicken: original recipe and extra

crispy. They assume all chickens are dirty, smelly, stupid and

foul. But they’re not. There has been a thriving hobby in this

country for 200 years of people keeping poultry as pets and show

animals. Every week from September to May there are poultry

shows all over the country. The animals are kept in the best of

condition and fed the best food. They are very tame, and they

don’t cause a problem to people around them. A lot of times the

facts differ from people’s imagination. It sounds like you ought

to be banning dogs from what I’ve heard. Dogs cause physical

harm to people, but they are a permitted use. But if it’s a


3

nuisance, you have to abate it. That is my argument about

poultry, small flocks kept for people’s personal pleasure, not

agricultural operations. Those animals should be permitted, but

regulated in the sense that if they cause a nuisance to the

neighbors, you have to abate the nuisance. It is only the

confusion that these animals are livestock that causes them to

fall under that kind of ordinance. The animals in these

situations are not livestock. Cities all of the country have

passed or are in the process of passing ordinances. It’s quite a

movement. Chickens are not dirty. When kept under proper

conditions they do not smell and they don’t make any more mess

than any other animal. They’re not noisy. People even keep

roosters in confined settings, and they do fine. I understand

that in this ordinance only hens are proposed. Hens don’t crow

at 4 o’clock in the morning. I understand that. They are no more

of a nuisance than a parrot. Chickens range from 15 pound

roosters to small chickens kept in bird cages. All the diseases

are brought by native birds and other wild birds, as much as by

any kind of domestic poultry. If you look at the track record of

cities that have passed ordinances, you will see that they have

had no problem. These pets bring people great pleasure. The

United States is about life, liberty, and the pursuit of

happiness. We need to learn about this. There is a lot of

misinformation. I can point you to resources for a lot of

facts.”

BRENDA RICHARDSON – CHICKENS

Ms. Richardson said, “After the newspaper article this weekend,

here I am. Mr. Oravec says that of all the places that have laws

to allow chickens, none have any regrets. Cedar Rapids, Iowa, is

an example. The newspaper says that months after a battle over

backyard chickens, it’s as if no one gives a cluck. Members of

the Cedar Rapids Citizens for Legalization of Urban Chickens

worked for a year to get passed an ordinance allowing up to six

hens per household. Since then, according to the Building

Official in Cedar Rapids, it has been one of the least active

ordinances they have seen. Why should it be a problem in Port

St. Lucie? According to the newspaper article, the calls are

seven to one against. That means not that many people will want

chickens. Why does no one on City Council want to communicate

with me?” Vice Mayor Bartz explained, “The Rules of Council are

that it is Public to be Heard. You speak. We don’t converse back

and forth.” Ms. Richardson continued, “I sent an e-mail on the

eighth. There was an item on the Agenda. We are allowed to speak

with each Council person individually for 30 minutes, and you

guys are refusing to do that. I want that on the record. You are


4

refusing to speak with me. That’s not fair. Ms. Berger, I am

very disappointed with you, and a lot of people are disappointed

with you. I guess the NIMBY’s are happy with you. All the

NIMBY’s who are afraid of raccoons and bobcats, what about if we

put a line of coops out in the county? What will happen? Who

will feed the chickens? Who will clean the coops and collect the

eggs? Are we going to drive there every day? That’s not

sustainable. It’s not an option. I lived a quiet life before

this. Suddenly I am at Council meetings, in the paper, and on

TV. I don’t like that. I’m getting emails up the gazoo from

people I don’t know. I have to get a new address for my family.

I forwarded an e-mail to Mr. Oravec. Here’s an excerpt: I’ve

been following the saga. I thought the success of Saratoga would

make it easy for Port St. Lucie to follow. The ordinance should

have satisfied everyone. It prohibited roosters, mandated clean

coop practices, and limited the number of hens per household. We

all have good reasons to demand fresh eggs.’ It is my

understanding that the State of Florida continues to require all

eggs sold to the public to be processed at a state facility. I

don’t know if this is true. The eggs recalled for salmonella

last year were processed in government facilities. Retail stores

need to inform the public that every egg sold through retail has

been processed, and most likely been bathed in a water/bleach

solution. It doesn’t matter what the producers claim, ultimately

they have to be processed. I feed my hens a very good diet. My

time is up.”

NICOLE ROUSE – CHICKENS

Ms. Rouse said, “I am for raising our own chickens, having hens.

A limited amount would be great. I have a neighbor who has had

chickens, and I think they’re a great pet. I’d like to get fresh

eggs.”

BARBARA SLACK – CHICKENS/CODE 92.05(C)

Ms. Slack said, “I’ve been a citizen for 11 years, and I have

campaigned and voted in elections that put some of you into the

positions you now enjoy. I remind you that when people elected

you to represent them, that did not include the notion that your

opinion is of a higher authority than that of we, the people.

I’m not here to beg you to listen to me or others. It is your

duty. I have witnessed countless times when this Council

dutifully allows the public to be heard and immediately proceeds

in opposition to what the people say. I’m not going to sit down

and shut up if you don’t like the subject. It’s your job to take

into consideration the wishes of the people and come up with


5

solutions that best represent the residents of the City in a

fair and balanced manner. All the residents. If you cannot

figure out a way to accomplish that balance, you don’t belong in

office. You should not bring your personal opinions in the

matters before you, because your position requires you to hold

your own opinion in order to represent the citizens in general.

Whether someone likes what their neighbor does or does not do on

their private property should not be the deciding factor in what

a free citizen can do on their private property. That freedom

comes with responsibility. One’s liberty cannot usurp the

liberty of others. It calls for us all to be respectful of each

other and each other’s rights. The elected officials should not

come to the people’s issues with prejudices of the subject

matter. In the same manner, you cannot arbitrarily assume that

Codes will be broken before they are, and thus punish people for

crimes not yet committed. It’s easy to tell people to move to

the county if they want farm animals. But too many of those who

have done that have been annexed right back into the City, which

seems to have an insatiable lust to keep growing. I propose that

the passage of a relaxed Code to allow people to own a limited

number of hens does not mean that every property in the City

will be home to hens. I think you will find that there will not

be a run on hens. However it plays out, the people have a right

to prove it can work. It worked in the past. It’s working in

larger more congested cities. I believe it is time to change the

Code back, because the people have requested it, for the good of

the people economically, personally, and Constitutionally. It

could possibly be revisited in six months to a year and be

reconsidered, based on whether people proved to be responsible.

You have a duty to represent both sides of the issue, not take

sides. I feel that those who oppose this agenda and find

themselves living next to a couple of hens will quickly come to

understand that they are an asset, not a liability, in the

neighborhood, and may enjoy fresh healthy eggs. There was a time

when people helped each other in the neighborhoods, versus

running to Code Enforcement to settle all their differences. I

have a dream that we move back in that direction. The voting

public is watching how you divide this baby.”

CARL IKEN – CHICKENS/PROPERTY RIGHTS

Mr. Iken said, “I’m here in support of the right for citizens to

have chickens in their yards. I don’t have any desire to have

chickens, but I do not believe it is my right or your right to

tell anybody else here that they can’t have chickens in their

yards. We have rules in place for dogs, cats, and animals in

general if they’re a nuisance. We have noise ordinances. If a


6

person with chickens gets out of hand, we have rules in place to

deal with that. I ask you to change the Codes to allow these

people to have chickens. Please consider that.”

THOMAS ABRAHAM – BUDGET/WASTE MANAGEMENT/CHICKENS

Mr. Abraham stated, “I am here to talk about important issues

that came to my attention. This morning I got a copy of the

auditor’s report from the City Clerk’s Office. I was surprised

by it. There are several comments that bother me as a public

person, especially the one reading that City staff overspent the

money beyond the budgeted amount. During the recession I never

thought I would see such a comment in Port St. Lucie; this will

be a burden for the taxpayer. I hope this issue is being taken

care of before September 30. Secondly, I want to talk about the

discrimination between residents and businesses who pay for

waste pickup. If a business is closed during this recession,

there is no one there that the waste company can bill. When a

resident buys two houses in Port St. Lucie for my kids, I will

be penalized with two or three Waste Management bills. This is

unfair. The Council should become more creative and pro-active

for Americans. Let us solve these problems, rather than make

more problems. I plan to come back on Monday June 20. I was told

there was a special meeting about the chickens. On this issue I

want to be like-minded, and remind you that if you don’t have

chickens in Port St. Lucie, when you reach heaven, you will see

chickens there. God gave the order to include all species in

Noah’s ark. Let us be compassionate to each other, those who

love poultry farms and those who don’t. On his death bed, Aldous

Huxley summed up his life’s experiences in seven words: Let us

be compassionate to each other. Thank you.”

LAURA ASHLEY – CHICKENS

Ms. Ashley said, “I’m here to speak on behalf of the urban

poultry movement. I’m a huge follower of Andy Schneider, also

known as the chicken whisperer. Around 20,000 people follow him

every day on his public radio show. He speaks on behalf of

backyard poultry and living a self-sustainable lifestyle. What

about the 25,000 people who subscribe to Backyard Poultry, a

bimonthly magazine that ships all over the U.S? I’m proof that

chicken keeping knows no kinds. I’m 24. I go out and party. I

have tattoos and piercings. I get up every morning and take care

of my chickens. I have around 50 now, all different kinds. My

chickens bother nobody. They don’t smell. They’re not a

nuisance. They’re not loud. They don’t harm anybody. My neighbor

has a five year old who comes over and frequently chases them.


7

Not once has that child been pecked by a rooster or hen. I’d

like to point out some facts about chicken keeping. Do they pose

a health threat? No. Avian flu does not exist in the U.S. There

have been no documented cases. It is on the CDC’s website.

Backyard flocks don’t carry diseases that people can become

infected with. Chickens have diseases that are passed to other

chickens via mosquitoes. They pose no threat to humans, dogs, or

cats. Do chickens bite or attack? I just covered that. They

don’t bite like parrots. The phrase, ‘Are you chicken?’ comes

from the fact that when a chicken is approached, it tends to

flee, unless you’re one of my chickens, who have been spoiled

rotten. They think they’re getting treats. Are chicken owners

able to get homeowner’s insurance? Yes. People keep pit bulls

and large dogs and get insurance. There is a real estate agency

in Georgia in a big city that offered chicken coops to every new

homeowner. Do chickens smell? I won’t lie. Any animal has the

potential to smell if it is not taken proper care of. Anybody

who has a cat has a litter box. You know what happens if you

neglect it for a couple of days. Chickens are not that bad.

Chickens that are kept on the ground pick, scratch and turn the

soil. Their poop doesn’t build up. They fertilize the ground.

They till. You don’t have to worry about that. That keeps flies

and other pests under control. Chickens are not a magnet for

flies. I keep chickens, ducks, quail, peacocks, and I don’t have

a fly problem. I have never had rats. Their food and water

sources are available in the community without keeping chickens.

People worry about snakes. If a snake showed up in a coop, it

wouldn’t be there very long. Chickens love to eat snakes and

lizards. They eat mosquitoes and ticks. They eat just about

every pest you can think of. Are they noisy? No. Roosters are

noisy. The sound of a clucking hen rates 60 to 70 decibels. That

is the same as an average human conversation. Even a rooster

crowing rates about 90 decibels, which is about the sound of a

dog barking.”

MICHELLE PETERSON – CHICKENS

Ms. Peterson said, “I want to talk about chickens being the

mascot of the local food movement. I would like to read

something by Patricia Foreman: ‘Keeping backyard chickens is

part of the urban farming movement. Family flocks are gaining

popularity as commercial food prices go up and nutritional

quality and safety are questionable. Buy local, grow local, and

eat local has become the slogan for community food self

sufficiency. We can add: Got chickens? Chickens are viewed by

many as the essential part of urban agriculture that helps folks

achieve some degree of self sufficiency. Many owners view


8

keeping a family flock as an act of green living and a statement

of independence. A family flock of chickens gives innate skill

sets that enable you to develop a chicken-have-more plan for

your urban homestead.’ She has a diagram showing chickens, bio-

mass recycling, and food production. It gives a visual of how

versatile, valuable, and venerable chickens are when their skill

sets are focused and fully employed. When chickens scratch, they

can aerate the top layers of soil, mulch, and compost. This

mixes in nutrients that can be used by the soil dwellers, thus

enriching living soils. In many situations, chicken scratching

can be more efficient than using a fuel guzzling roto-tiller.

Chicken manure properly managed is a gift to local food

production. It is high in nitrogen, phosphorus, and potassium.

It is also loaded with micro-nutrients and trace minerals. How

many trace minerals do commercial NPK fertilizers contain? None.

Where does commercial fertilizer come from? Primarily oil. One

chicken eats its weight in food every month. They are omnivores.

They eat bugs, grubs, weeds, and grass clippings. They love

people food, the stuff people normally toss in the trash. Just

about everything they eat can be turned into eggs, fertilizer,

and compost. Chickens are pets with benefits.”

Ms. Peterson continued, “In response to the first article, I

wrote that allowing hens would be great. They are quieter than

my neighbor’s screeching tropical birds, smaller than a 100-

pound pot-bellied pig, less dangerous than a boa constrictor.

They make less poop than cats or dogs. They don’t make a racket

like my barking canines. Fresh eggs would be a bonus. I would

love to add chicken poop to my compost bin. As long as residents

are held to a common-sense standard of keeping the coop clean,

having backyard chickens is a great idea. Port St. Lucie needs

to be more forward thinking, and that means allowing residents

some freedom in their preference for pets. Not everyone wants a

cat or dog. Not everyone will want a chicken. Most urban and

suburban areas are going back to basics with vegetable gardens

and edible landscaping, etc. Backyard hens make sense.”

Councilman Kelly noted, “Madam Mayor, it is well past 7:30, and

the Rules of Council say that Public to be Heard goes to 7:30

unless Council decides otherwise.” Mayor Faiella said, “I have

three speakers left. Do we move on to the end?” It was the

consensus of the Council to continue.

BRYAN LONGWORTH – CHICKENS

Mr. Longworth said, “I am here in support of chickens. I am a

taxpayer in Port St. Lucie. I recently paid far too much for


9

property taxes. There are three ways to look at this. Should

people keep chickens at their home? Is it illegal? I don’t know

of any law against it. I don’t know anyone who has gone to jail

for owning a chicken. Would the chickens harm someone else or

infringe on their rights? We heard earlier about a dog that has

done that. We don’t need to prohibit people from owning

chickens. We need to look at rights. Our Founding Fathers felt

that our rights come from God. I believe the rights and

responsibilities come from God. I am a pastor and a student of

the Bible. I haven’t seen any authority for the government to

prohibit people from owning chickens. Government has some very

valid functions, the most important of which is to punish the

wicked and to reward the righteous. Owning a chicken is not

immoral or evil. I know other cities prohibit this, and you have

prohibited it in the past. I would ask that you consider

changing that. Finally, we need to look at the environmental

impact. Chickens can help with sustainability. Most chickens in

big farms are filled with antibiotics that go into food. We are

developing antibiotic resistant strains of bacteria, which is a

huge problem. Commercially grown chickens are also full of

hormones, which lead to the early onset of puberty in girls. I

encourage you to allow people to have chickens.”

DAVID BEAVERS – CHICKENS

Mr. Beavers said, “I support the chicken ordinance. Every animal

has responsibility to go with it. For those who are offended by

the animals, there are adequate remedies now with Animal

Control. It’s not so much about chickens as about individual

rights of property owners. I talked to a person this morning who

was purchasing chickens. He owns his home; he paid $350,000 for

it outright. He said he would be here tonight to ask for

permission to keep chickens. That struck me as odd. I understand

that you also protect property values and the rest of the

citizens. But these people who wish to keep a chicken in their

yard are the best people to determine how to protect their

property values. They have earned the right. If the chickens get

out, there are ordinances and fines. To ban a specific animal

while allowing pot-bellied pigs and boa constrictors, I don’t

understand that position. There are already public nuisance

laws. I don’t know of any case where a chicken attacked a child.

There is no reason to ban chickens. It’s an issue of property

rights.”

VICTORIA HUGGINS – POLICE CONSOLIDATION

Ms. Huggins said, “I started this topic at the last Council


10

meeting and I would like to finish. Concerning all of the cities

north and south of us that had their own police departments and

gave everything to the sheriff’s department to serve them, The

SO rents the bricks and mortar for $1. They paid for the

vehicles at approximately $1,500 each. This brings me to ask a

few questions of Mr. Bentrott. What would happen with the $42

million bond the City has on the municipal complex, and

specifically the police building, the substations, and the

evidence locker? Is it possible that the $42 million bond could

be recalled by the bondholders? Upon consolidation, how much

would the City have to pay officers who were not hired by the

Sheriff? How much would our City have to pay into the various

retirement funds to make our officers whole, including support

personnel, if this consolidation would take place? How much are

all the assets of our City and the countless years we spent

building up those assets worth, and how much would we lose? I’d

also like to know, Mr. Bentrott, how much in revenue streams

would our City lose if our Police Department were to consolidate

with the Sheriff’s Office? Some of those streams are used to pay

that $42 million bond. There is a sign above the entry into the

Police Department. It reads: ‘Through these doors pass Port St.

Lucie’s finest.’ I would like to add: ‘Through these doors pass

the finest officers and police support personnel within the

entire State of Florida.’ Your Police Department has just been

rated Number 1 in the State once again. Let’s not lose the

quality of life that the Port St. Lucie Police Department has

provided and continues to provide to the citizens. I look

forward to a positive acknowledgment from my Council to our

Police Department by a vote of confidence. Please keep Port St.

Lucie beautiful and safe. Please keep our Police Department

blue.”

COUNCIL COMMENTS IN RESPONSE TO PUBLIC TO BE HEARD

COUNCILWOMAN BERGER – CHICKENS

Councilwoman Berger said, “Since Ms. Richardson said that nobody

took the time to meet with her, I want to say that not only did

we speak multiple times on the phone, but she was kind enough to

invite me to her home. I went out and she gave me some eggs.

Thank you very much. I’m not sure how I became the bad guy in

this conversation when you pointed me out, since I was the one

who asked to get more information on this. I’m not looking to

have a conversation back and forth; I wanted to make sure the

Council knew I have spent time and got information, and I’m

looking forward to knowing where we go from here.”


11

Ms. Richardson said that there is a child who would like to

speak.

ANDREA LICATA – CHICKENS

Ms. Licata said, “I am Brenda Richardson’s neighbor. I have been

playing with her chickens since I was little and I love them. I

don’t want to lose them. We don’t have any rats, raccoons, or

bobcats. Please legalize the hens.”

MAYOR FAIELLA – CHICKENS

Mayor Faiella said, “I’m pretty sure that I emailed Ms.

Richardson. I’ve been away and we’re doing catch-up. I do have

all the information on chickens and sustainable living, and

everything you and 7,000 other people have mailed me. We will

weigh it out and see what happens. I don’t know when it will be

on the Agenda.” The City Attorney commented, “It is in my office

now. I’m hoping to bring it to the Council on June 27,

notwithstanding what was in the paper today. There is no meeting

on June 23. There is no meeting on June 24. We’re shooting for

June 27.”

COUNCILWOMAN MARTIN – CHICKENS

Councilwoman Martin stated, “Ms. Richardson, I received all your

information. I completely understand your position. I have

spoken with Assistant City Manager Oravec several times and

researched many of the ordinances around the State, including

Sarasota’s. I put together a list of items that would need to be

in place if I were to consider allowing chickens. I don’t have

it because it was not on the Agenda tonight.”

VICE MAYOR BARTZ – CHICKENS

Vice Mayor Bartz stated, “Ms. Richardson and I had the

opportunity to speak last week on the phone for probably close

to a half hour. You were going to drop off some information. I

have not seen that yet. We did speak.”

Mayor Faiella added, “I understand your position, Ms.

Richardson. You saw an article and it seemed like we don’t want

this. You know how things get quoted in the paper. We will weigh

this and see what is best for all the citizens of Port St.

Lucie. There are no personal agendas when we vote. We do what is

best for the residents of Port St. Lucie, not for us or a person

or group.”


12

COUNCILMAN KELLY – CHICKENS/POLICE DEPARTMENT CONSOLIDATION

Councilman Kelly noted, “In Councilwoman Berger’s defense, I

have spoken with reporters for 15 or 20 minutes, and they’ll

quote one sentence. What the Mayor said is what happens. Things

get taken out of context.” Councilwoman Berger stated, “You’re

right, Councilman Kelly. But the reality is that I said all

those things. I have a lot of information that I received about

this initiative. Ms. Richardson and staff shared a lot of

information. Mrs. Martin has been doing a lot of research and

filtered that to us through the City Manager. From a lot of that

I get to form an opinion. The Council is able to have opinions.

We decide what would then be in the best interests of the

165,000 people. I share my thoughts very rarely with reporters

on which way I’m going to vote. I said that to Mr. Westbury when

he called. On this issue I supported getting more information

for the Council, but I never said I was moving forward on it. If

I had to make a decision today with the information I’ve

received, to be very frank I would be voting against it. I’ll be

happy to meet with you again. We have met and talked after hours

and on the weekend. I have come to your home, and that is my

job. I enjoy it, and we will do it some more. We are still

looking to gather information. I know you were upset that it

wasn’t on tonight’s Agenda. There’s a reason. We have to do our

due diligence; we have asked for more information to make sure

we are doing everything we can to look at every ordinance, and

where this is successful and where it’s not. I want you to

understand that I think this Council is being very fair in

looking at this. I saw your response. It seems you are angry and

think we’re not going in that direction. But the reality is that

we just had a couple of people come up and say they live in Port

St. Lucie and they are breaking our ordinance. I think we’re

being pretty flexible on this issue to continue to look at it.

Thank you for getting the information for us. But please be

patient as we try to find out more information to make the right

decision.” Mayor Faiella added, “I admire your passion for this.

We will make the best decision for the residents of Port St.

Lucie.” Councilman Kelly commented, “I spoke to Ms. Richardson

on the phone. I’m speaking for myself. I probably get 15 to 18

emails a day, pro and con, on this, with information. It’s

running pretty heavy against the chickens. I have to go by the

majority and what I think is best. To ask for a decision when

it’s not on the Agenda, most of us are not going to answer.”

Councilman Kelly said, “I agree with just about everything Mrs.

Huggins said. She brought up some great points that I have

thought about myself. Do you have the answers for her now or do


13

you want to get back to her, because I don’t think you have them

off the top of your head.” The City Manager responded, “I do not

have the answers now. In some cases, it would take a

considerable amount of research. If the Council should decide to

go forward, there is a whole lot more questions that are going

to have to be answered before we can even get close to having an

idea of whether this would be cost effective or not. I have a

yellow sheet full of issues from top to bottom that are going to

have to be addressed if the Council should decide to move

forward on this. Unless the Council tells me to do that. . . .

It is going to take a lot of work. In most cases, it may even

take hiring consultants to work through several of the issues

that are going to have to be worked out. At some point, if we

talk about this more, we can do that, but right now I do not

have answers to a lot of those questions.” Councilman Kelly

clarified, “That is all that I was asking you, Sir. If you could

get her the answers, I would like to see them, too. Speaking for

myself, I think this issue was addressed. I think we went right

down the dais the day that we had the gentlemen from the Budget

Committee get up here. Even though it wasn’t on the agenda, we

addressed it. Everybody made comments and it was addressed, so I

thought it was the same thing as having a five to nothing vote

of confidence in our Police Department. Then it was addressed

again a few weeks after that, so as far as I’m concerned, it has

been addressed. I don’t see any reason to do anything. I don’t

mind getting information like that, but it has been addressed

right down the dais. Nobody asked for any kind of documentation

or any kind of investigation. I welcome Mrs. Huggins’ questions,

and they are good questions.”

Councilwoman Berger said, “I want to reiterate what Councilman

Kelly said; he is correct. We have said repeatedly on this dais

that we appreciate the work that the Budget Advisory Committee

has done. We look forward to seeing the information that they

bring forward and the advice that they bring, but we have said

as a Council, that we have confidence in our Police Department.

In case there is ever a doubt, and I don’t understand why we

still have somebody coming up and asking these questions or

trying to persuade us to vote for our Police Department, because

we have voted for our Police Department. We have stood united

and said we want this Police Department. We also made it a

policy not to make policy on saying that we absolutely will stay

this way all of the time, because future Councils ten to fifteen

years from now may decide something differently, or our budget

may decide that for us. At this point in time with this elected

group, we have said it multiple times.” Councilman Kelly pointed

out, “I think Mr. Westbury answered his own questions, too. I


14

just, sometimes I don’t get it. We have addressed it.”

Councilwoman Martin said, “I agree with both, Councilwoman

Berger and Councilman Kelly. This issue with regard to our

Police Department being anything other than our Police

Department, is done and over for me. That is it. I don’t want to

address it anymore. It has been beaten like a dead horse, and

that is the end of it. As far as I’m concerned, we have our own

Police Department. We are the safest City in the State of

Florida for a multitude of reasons because of our Police

Department. There is my vote of confidence.” Mayor Faiella

advised, “Mr. Bentrott, you have your answer.”

5. PROCLAMATIONS AND SPECIAL PRESENTATIONS

a) SPECIAL PRESENTATION – INNOVA WORLD WIDE COLLEGE,

JAMES F. MARQUART, PRESIDENT/CEO

Mr. Marquart said, “In October 2009 I began the development of

Innova World Wide College, a premier online business college. We

are headquartered in Port St. Lucie. I retired to Port St. Lucie

in 2005 after completing my ten-year employment contract as

President/CEO of MJSA, the national trade association

representing the jewelry and gem industry. During that period

and for two years thereafter, I was appointed by Presidents

Clinton and Bush as an international trade advisor to the U.S.

Department of Commerce and USTR. For the prior 18 years I was

President and CEO of the New York State Hospitality and Tourism

Association, and prior to that, the CFO for the National

Stockbrokers Industry, Electrical and Electronic Engineering

Association, and of a construction industry. I developed Innova

for the purpose of introducing a financial reward to students to

graduate with a high grade point average. I know of no other

college in the world that provides that opportunity. Our credo

is innovation, rewards, and success.” Councilwoman Berger asked,

“What is this presentation about? Who put this on the Agenda?”

Councilman Kelly said, “This is inappropriate, sir. Absolutely.

I’m speaking for myself.” Councilwoman Berger said, “I’m trying

to understand what the presentation is for. We typically have

presentations that are relevant to the City and its citizens.

This sounds like a commercial.” Mr. Marquart said, “Innova is

offering City employees and their families a 50% tuition

scholarship.” Councilman Kelly advised, “You need to speak to

our Human Resources Department. This is probably a great thing,

but we can’t have you marketing things here.” Mr. Marquart said,

“That’s fine. I want to extend this to you all. I received a

phone call saying to make the presentation.” Councilwoman Martin


15

said, “You can give all of this information to our Human

Resources Department. They will put it on the City website for

the employees.”

Councilwoman Berger said, “If you could make sure in the future

that our Agendas are appropriate, I would appreciate that.” The

City Manager advised, “It came out of the Mayor/Council office.”

Councilwoman Berger said, “I would say to whoever put this on

the Agenda to look twice. If a citizen wants to go over

something, much like what we have done with the chicken thing,

where Councilwoman Martin spent time with Mrs. Richardson prior

to presenting it to Council, that is the appropriate way. Each

one of us is supposed to go over the information with the person

from our district. Then if we feel we want them to meet with

other Council members, we should suggest that they meet

independently and privately with each member. Then if it is

something we can’t solve or that needs a presentation, it comes

to the business meeting. This is a business meeting. We have

many other businesses that would like to stand before us and get

a free commercial.” Mayor Faiella noted, “I’m wondering if staff

misunderstood. I have no idea.” Councilman Kelly said, “This is

the second or third time something like this has happened in the

last couple of months.”

b) SPECIAL PRESENTATION – CERTIFICATE OF RECOGNITION TO

PHARUS GROUP, LLC FOR HOSTING THE TREASURE COAST BUSINESS SUMMIT

Mayor Faiella said, “We are going to recognize the Pharus Group

for the business summit. They did a phenomenal job.” Chris

Morhardt said, “I’d like to thank the City. We appreciate the

City’s partnership on the summit. It was a great day for all of

us, and we look forward to next year.”

c) PROCLAMATION – 40TH ANNIVERSARY OF THE WAR ON DRUGS

The City Clerk read the proclamation, and Mayor Faiella

presented it to Ethel Rowland, who said, “This Friday a panel

discussion is planned to be held at Kaiser University from 2 to

4 p.m. We will answer the question: How has the war on drugs

affected you and your community? It is the beginning of a year-

long discussion on the topic. Last September Pew Center on the

States issued a report entitled: Collateral Costs;

Incarceration’s Effect on Economic Mobility. That is the

movement up or down of people’s income levels. The report

focuses on formerly incarcerated people, their families and

their children. One statistic is that 25 years ago one in 125

children had a parent behind bars. Today that figure is one in


16

28. The economic consequences to a family and a community are

staggering. It affects the family and the pool of people

available to employers. It affects a person’s ability to receive

credit and to get grants for education. It’s complex. I

appreciate that this Council has issued this proclamation.”

6. ADDITIONS OR DELETIONS TO AGENDA AND APPROVAL OF AGENDA

Councilman Kelly moved to approve the Agenda. Councilwoman

Martin seconded the motion. The City Clerk restated the motion

as follows: for approval of the Agenda. The motion passed

unanimously by roll call vote.

7. APPROVAL OF CONSENT AGENDA

a) APPROVAL OF MINUTES – February 18, April 11, 2011

b) MELVIN BUSH CONSTRUCTION, INC., AMENDMENT #20,

CITYWIDE CULVERT REPLACEMENTS & SIDEWALK CONSTRUCTION,

#20070008, ADDING SIDEWALK CEMENT PRICES FOR JOBS OF 80 SQ YD OR

MORE, START DATE APRIL 1, 2011 THROUGH END OF CONTRACT, FUND

304-4125-5340, PUBLIC WORKS

c) ENGINEERED FLUIDS, INC., CHANGE ORDER #1, CONSTRUCTION

OF THE SKID-MOUNTED PUMPING STATION FOR THE WATER MAIN EXTENSION

TO MARTIN CORRECTIONAL INSTITUTE, #20100085, ADDITION OF 153

CALENDAR DAYS FOR A NEW CONTRACT TOTAL OF 303 CALENDAR DAYS, NO

ADDITIONAL FUNDS, UTILITY SYSTEMS

Councilman Kelly moved to approve the Consent Agenda.

Councilwoman Martin seconded the motion. The City Clerk restated

the motion as follows: for approval of the Consent Agenda. The

motion passed unanimously by roll call vote.

8. SECOND READING, PUBLIC HEARING OF ORDINANCES

a) ORDINANCE 11-32, AMENDING VARIOUS SECTIONS OF PORT ST.

LUCIE CITY CODE 150, “BUILDING REGULATIONS, PROVIDE FOR A NEW

SCHEDULE OF FEES RELATING TO BUILDING CODE ADMINISTRATION AND

ENFORCEMENT; TO INCLUDE CHANGES IN LANGUAGE, PROVIDING AN

EFFECTIVE DATE

The City Clerk read Ordinance 11-32 aloud by title only. Mayor

Faiella opened the Public Hearing.

CARL IKEN stated, “I came before you at the last meeting

regarding this item. I asked you to make the fees optional


17

instead of lowering them. I got three immediate objections from

the Council, which surprised me, because I didn’t hear any

discussion of whether it was even possible. The objections were

that other cities do it so we should do it, too; that the City

is following the Florida Building Code; and that the permit

process protects the homeowner and his insurance, which was what

Mr. Kelly referred to. My idea was simple. If a homeowner wishes

to install items such as a water heater, hurricane shutters, or

other items, they should have two options. Option 1 would be to

request a City inspection and apply for a permit. Option 2 would

be for the homeowner to take personal responsibility and be free

from the intrusion of the City. To me this makes perfect sense.

I have gone through the objections, and I’d like you to know

what I came across. The first was that Port St. Lucie is just

doing what other cities do. There are many cities and counties

that don’t require all of these permits. That leads me to the

second objection, that the City is just following Florida

Building Code. If there are other cities and counties that don’t

have the permits, either they aren’t following the Building Code

or we don’t necessarily have to. Collier County is one of these.

I have a copy of their ordinance from 2009. Under the FBC each

city and county can make exceptions if they put that in an

ordinance. I’ll give a copy to the Mayor. This is what I’m

asking the City to do. This allows for exceptions for

mechanical, electrical, building, and plumbing, which would

cover water heaters, ceiling fans, hurricane shutters, and

things like that. In the best interests of the people, if I

don’t want to give money to the City to put in my own water

heater, I don’t believe I should have to. If a citizen does want

the help, they would have that option. They can pay the fee and

get an inspection. My problem with the whole inspection process

brings me to the third objection, that the process protects the

homeowner and his insurance. This sounds great, but it’s not

true. If I get a permit from the City of Port St. Lucie to

change my water heater and they sign off on it, and the next day

my house catches on fire because it was wrong, is the City going

to be responsible, since they signed off? No. The inspection

gives no protection to the homeowner. I ask you to consider

making some of these permits optional. Look at the Collier

County ordinance. The argument is that it is for everybody’s

safety. I am kind of over the collective safety thing. We need

personal responsibility. If I choose to do a project on my

house, I shouldn’t have to ask the City for permission. Consider

it.”

There being no further comments, Mayor Faiella closed the Public

Hearing. Councilman Kelly said, “I understand what Mr. Iken is


18

saying. I’m sure he would install a water heater properly. I

brought up the insurance. You say that if the house burns down,

is the City going to pay for the house? I never said that. The

insurance company will if you have a permit. If you do not have

a permit for certain things in your home and your home has a big

problem, the insurance company is not going to pay you. Most

insurance companies will not pay. I never said the City would be

liable; it’s your insurance company. It is absolutely a safety

issue. I move to approve Ordinance 11-32.” Vice Mayor Bartz

seconded the motion. The City Clerk restated the motion as

follows: for approval of Ordinance 11-32. The motion passed


b) ORDINANCE 11-33, REZONE 1.16 ACRES OF PROPERTY,

LOCATED NORTH OF LOOKOUT BOULEVARD SOUTH OF CANAL C-24,

GENERALLY WEST OF CANAL C-23 A, AND GENERALLY EAST OF PERU

STREET FROM RM-5 (MULTIPLE-FAMILY RESIDENTIAL) TO RE (ESTATE

RESIDENTIAL) ZONING FOR LOT 1, VIKINGS LOOKOUT (P11-038);

PROVIDING FOR AN EFFECTIVE DATE


Faiella opened the Public Hearing. There being no comments,

Mayor Faiella closed the Public Hearing. Councilwoman Martin

moved to approve Ordinance 11-33. Vice Mayor Bartz seconded the

motion. The City Clerk restated the motion as follows: for

approval of Ordinance 11-33. The motion passed unanimously by

roll call vote.

c) ORDINANCE 11-34, RENAMING THE FOLLOWING STREETS:

FRASCATI WAY TO VISCONTI WAY, VISCONTI WAY TO CARDUCCI WAY, AND

CARDUCCI WAY TO AMBROSE WAY IN VERANO PUD 1. PLAT NO. 2;

PROVIDING AN EFFECTIVE DATE



Mayor Faiella closed the Public Hearing. Vice Mayor Bartz moved

to approve Ordinance 11-34. Councilwoman Martin seconded the



roll call vote.

d) ORDINANCE 11-35, ADOPTING A MASTER SIGN PROGRAM FOR

THE CITY CENTER PUD (PLANNED UNIT DEVELOPMENT); PROVIDING FOR AN

EFFECTIVE DATE




19


moved to approve Ordinance 11-35. Councilman Kelly seconded the



roll call vote.

e) ORDINANCE 11-36, PROVIDING FOR THE ABANDONMENT OF A

PORTION OF AN EASEMENT AFFECTING LOT 5, BLOCK 1632, PORT ST.

LUCIE SECTION FIVE; PROVIDING AN EFFECTIVE DATE



Mayor Faiella closed the Public Hearing. Councilman Kelly moved

to approve Ordinance 11-36. Vice Mayor Bartz seconded the



roll call vote.

f) ORDINANCE 11-37, PROVIDING FOR THE AMENDMENT OF

CHAPTER 158, PORT ST. LUCIE CITY CODE; SPECIFICALLY, SECTION

158.006, DEFINITIONS; SECTION 158.124(C), GENERAL COMMERCIAL

ZONING DISTRICT (CG); ADDING SECTION 158.231, PAIN MANAGEMENT

STANDARDS; PROVIDING FOR AN EFFECTIVE DATE



Mayor Faiella closed the Public Hearing. Vice Mayor Bartz moved

to approve Ordinance 11-37. Councilwoman Martin seconded the

motion. Vice Mayor Bartz noted, “I want to commend staff. I know

they put in a lot of work on this. This takes the place of our

moratorium on pain clinics, which was going to run out, and we

were not able to just extend it. A lot of this came out of Mr.

Orr’s department, and they worked with local law enforcement.

Please extend our appreciation.” Councilman Kelly added, “I want

to give kudos to Vice Mayor Bartz for all the work she did

behind the scenes. Thank you.” The City Clerk restated the

motion as follows: for approval of Ordinance 11-37. The motion

passed unanimously by roll call vote.

9. OTHER PUBLIC HEARINGS

a) COMMUNITY DEVELOPMENT BLOCK GRANT, ALLOCATIONS FOR

CDBG F/Y 2011-2012 ACTION PLAN, APPROVE PUBLIC REVIEW OF DRAFT

ACTION PLAN AND FIVE YEAR 2011-2016 CONSOLIDATED PLAN, COMMUNITY

SERVICES

Mayor Faiella opened the Public Hearing. There being no


20

comments, Mayor Faiella closed the Public Hearing. Councilman

Kelly moved to approve Item 9 a). Councilwoman Berger seconded

the motion. The City Clerk restated the motion as follows: for

approval of Item 9 a). The motion passed unanimously by roll

call vote.

10. FIRST READING OF ORDINANCES

a) ORDINANCE 11-38, AMENDING CHAPTER 40, NUISANCE

ABATEMENT PROGRAM OF THE PORT ST. LUCIE CITY CODE; PROVIDING FOR

THE AMENDMENT OF SECTION 41.17(2)(d), RESOLUTION DECLARING

PROPERTY A THREAT AND ORDER TO SHOW CAUSE; PROVIDING AN

EFFECTIVE DATE

The City Clerk read Ordinance 11-38 aloud by title only. Vice

Mayor Bartz moved to approve Ordinance 11-38. Councilwoman

Martin seconded the motion. The City Clerk restated the motion

as follows: for approval of Ordinance 11-38. The motion passed


b) ORDINANCE 11-39, AMENDING THE CITY OF PORT ST. LUCIE

CODE OF ORDINANCES, AMENDING CHAPTER 158.006(A) DEFINITIONS, AND

CHAPTER 158.217(C)(1) ACCESSORY USES IN SINGLE-FAMILY

RESIDENTIAL DISTRICTS OF THE CITY OF PORT ST. LUCIE ZONING CODE;

PROVIDING AN EFFECTIVE DATE

The City Clerk read Ordinance 11-39 aloud by title only.

Councilwoman Berger moved to approve Ordinance 11-39. Councilman

Kelly seconded the motion. The City Clerk restated the motion as



c) ORDINANCE 11-40, AMENDING THE CITY OF PORT ST. LUCIE

CODE OF ORDINANCES, AMENDING CHAPTER 158.137(D) UTILITY ZONING

DISTRICT (U) - ACCESSORY USES, OF THE ZONING CODE; PROVIDING AN

EFFECTIVE DATE


Councilwoman Martin moved to approve Ordinance 11-40. Vice Mayor

Bartz seconded the motion. The City Clerk restated the motion as



d) ORDINANCE 11-41, AMENDING CHAPTER 157: NATURAL

RESOURCE PROTECTION OF THE CODE OF ORDINANCES OF THE CITY OF

PORT ST. LUCIE, FLORIDA; PROVIDING AN EFFECTIVE DATE


21


Councilwoman Berger moved to approve Ordinance 11-41. Councilman




e) ORDINANCE 11-42, AMENDING THE 2010-11 BUDGET OF THE

CITY OF PORT ST. LUCIE, FLORIDA, BY INSERTING THEREIN A SCHEDULE

CONSISTING OF 3 PAGES, ATTACHED HERETO AND DESIGNATED AS 2010-11

BUDGET AMENDMENT NO. 2. THE SAID SCHEDULE PROVIDES FOR AN

INCREASE AND/OR DECREASE IN APPROPRIATIONS IN THE VARIOUS LINE

ITEMS; PROVIDING AN EFFECTIVE DATE


Councilman Kelly moved to approve Ordinance 11-42. Councilwoman

Berger seconded the motion. The City Clerk restated the motion



f) ORDINANCE 11-43, AUTHORIZING THE SALE AND CONVEYANCE

OF THAT CERTAIN PROPERTY REFERRED TO AS LOT 32, BLOCK 1979, PORT

ST. LUCIE SECTION NINETEEN; PROVIDING AN EFFECTIVE DATE


Councilman Kelly asked, “Roger, is this or is this not an

absolute auction?” The City Attorney answered, “I confirmed this

with Mr. Pollard. The real estate involved in the auction over

the weekend was presented for bid contingent upon the Council

approval of the ordinances authorizing the conveyances. It is

not absolute. If the Council is not in favor of these sales

under these terms and conditions, the Council can reject them.”

Councilman Kelly said, “We did this once before and we got the

right amount of money for our lots. I guess I didn’t look at

this. These lots were given away. I’m not going to support any

of the four that are here. Now is a bad time to sell and a great

time to buy. Let’s wait a couple of years. We don’t need $4,000

right now. I won’t support any of these. I move to deny

Ordinance 11-43.” Councilwoman Martin asked, “What was used to

determine the value of these lots before we sold one for $4,000?

I would like to think we had a market value of some kind. That

seems pretty low.” Mr. Pollard explained, “My department and I

managed the auction and sale. We previously came before you to

declare them surplus and get permission to put them in an

auction. The auction terms are that no minimum is set, whether a

lap top or residential property. We went into the sale with the

promise that there was no minimum. But the people bidding were

reminded that the property must sell by ordinance. Therefore,


22

tonight is the first reading of the ordinances. That is your

chance to make sure you wish to go forward with the terms of the

contract. It is true that one lot sold for $4,000. The others

were $6,500 each. Two lots were combined as a parcel for

$13,000. There was no minimum set. That is the process we have

always used for our surplus auction. We didn’t go into it with

the hope for a certain price. We don’t study the real estate

market. It’s an absolute bid. It can start at $5.” Councilwoman

Martin observed, “I understand that. But when it comes to real

estate, I don’t think we should treat it like we treat a camera

or a car. I think we should have some indication of what the

value is for these properties. Maybe we should set a guideline

or a policy that we should start at the market value. We’re

doing the City a disservice by selling lots for $4,000. I’m not

going to support selling these lots for this amount. I would

like Council to consider that when it comes to real estate we

need to consider the true value and put that into the auction.”

Councilman Kelly said, “He did do his job; we’ve sold lots

before. That’s what we asked for. It’s up to us. I checked some

today. Two of the lots were in a pretty good area between

Floresta and Airoso. I checked some MLS listings that were

double what we sold them for. It isn’t worth selling them; we

gave them away. It’s not his fault.” Councilwoman Martin noted,

“I don’t think it is. I’m just saying that in the future maybe

we need to look at this differently.” Mr. Pollard said, “The

auction was advertised. It’s just not a good time to sell. Do

you wait or do you put it in private hands so taxes are being

paid on it? There is a 10% buyer’s premium put on the price.”

Councilman Kelly said, “We’ve turned these down before. One

vehicle sold for more money than the lot.”

Councilwoman Martin seconded the motion. Councilwoman Berger

said, “I’ll support this, because this was the deal that was

made. We try not to be in the real estate business. We try to

collect taxes on property. I would entertain looking at a policy

in the future.” Vice Mayor Bartz said, “I tend to agree with

Councilwoman Berger, because we went into this a certain way and

there was a certain expectation. I do remember when we auctioned

some property and the auction went a little crazy. The City

expected less and the lowest price was about $44,000. When they

went into that auction, none of those people expected the

bidding to go that high. It can go either way. Councilwoman

Martin brings some valid points to the table. We may need to

look at that. But a deal’s a deal. I don’t know where I’ve heard

that; it might have been right here.” Councilman Kelly noted,

“This is not a deal. The deal was if the Council approves it. If

I put my ’65 Gibson guitar in the paper and say I’ll take the


23

lowest bid, that’s almost like an absolute. I have a little

problem. If I say not to give me any lowball offers, I don’t

have to take them. The deal was that Council doesn’t have to

accept it if we don’t think it’s enough money, and it’s not.”

The City Clerk restated the motion as follows: to deny Ordinance

11-43. The motion failed by roll call vote, with Councilwoman

Martin and Councilman Kelly voting in favor, and Vice Mayor

Bartz, Councilwoman Berger, and Mayor Faiella voting against.

The City Attorney recommended a motion to approve, so the

ordinance can go to second reading. Councilwoman Berger moved to

approve Ordinance 11-43. Vice Mayor Bartz seconded the motion.

Councilwoman Martin added, “I would like a policy brought back

with regard to determining a value for real estate before we

auction any in the future. I’d like that as soon as possible,

please.” The City Clerk restated the motion as follows: for

approval of Ordinance 11-43. The motion passed by roll call

vote, with Councilwoman Berger, Mayor Faiella, and Vice Mayor

Bartz voting in favor, and Councilwoman Martin and Councilman

Kelly voting against.

g) ORDINANCE 11-44, AUTHORIZING THE SALE AND CONVEYANCE


ST. LUCIE SECTION THREE; PROVIDING AN EFFECTIVE DATE


Councilwoman Berger moved to approve Ordinance 11-44. Vice Mayor


follows: for approval of Ordinance 11-44. The motion passed by

roll call vote, with Mayor Faiella, Vice Mayor Bartz, and

Councilwoman Berger voting in favor, and Councilwoman Martin and

Councilman Kelly voting against.

h) ORDINANCE 11-45, AUTHORIZING THE SALE AND CONVEYANCE


ST. LUCIE SECTION TWO; PROVIDING AN EFFECTIVE DATE

The City Clerk read Ordinance 11-45 aloud by title only. Vice

Mayor Bartz moved to approve Ordinance 11-45. Councilwoman



by roll call vote, with Vice Mayor Bartz, Councilwoman Berger,

and Mayor Faiella voting in favor, and Councilwoman Martin and

Councilman Kelly voting against.

i) ORDINANCE 11-46, AUTHORIZING THE SALE AND CONVEYANCE


24

OF THAT CERTAIN PROPERTY REFERRED TO AS LOTS 22 AND 23, BLOCK

1612, PORT ST. LUCIE SECTION TWENTY THREE; PROVIDING AN

EFFECTIVE DATE


Councilwoman Berger moved to approve Ordinance 11-46. Vice Mayor


follows: for approval of Ordinance 11-46. The motion passed by

roll call vote, with Vice Mayor Bartz, Councilwoman Berger, and

Mayor Faiella voting in favor, and Councilman Kelly and

Councilwoman Martin voting against.

11. RESOLUTIONS

a) RESOLUTION 11-R35, AUTHORIZING AN INTERLOCAL AGREEMENT

WITH THE MARTIN COUNTY HEALTH FACILITIES AUTHORITY, RELATING TO

THE TRADITION MEDICAL CENTER; PROVIDING AN EFFECTIVE DATE

The City Clerk read Resolution 11-R35 aloud by title only.

Councilman Kelly moved to approve Resolution 11-R35. Vice Mayor

Bartz seconded the motion. Councilwoman Martin explained, “For

the people who may come to us with the question: We are not

funding bonds for the hospital.” The City Clerk restated the

motion as follows: for approval of Resolution 11-R35. The motion

passed unanimously by roll call vote.

b) RESOLUTION 11-R33, PUBLIC HEARING, GRANTING A SPECIAL

EXCEPTION USE PROVIDED FOR IN SECTION 158.071 (C) (1) TO ALLOW A

GUEST HOUSE IN AN RE (ESTATE RESIDENTIAL) ZONING DISTRICT (P11-

039); PROVIDING AN EFFECTIVE DATE

The City Clerk read Resolution 11-R33 aloud by title only. Mayor



moved to approve Resolution 11-R33. Councilman Kelly seconded

the motion and added, “We don’t allow guesthouses anywhere. The

reason it is being done here is because they could have put up

five residences on the property. This brings down multi-family

to a guesthouse. I think we’re doing the right thing.” The City

Clerk restated the motion as follows: for approval of Resolution

11-R33. The motion passed by roll call vote, with Mayor Faiella,

Councilwoman Martin, Councilman Kelly, and Vice Mayor Bartz

voting in favor, and Councilwoman Berger voting against.

Councilwoman Berger asked, “Do we know if the neighbors have

been made whole on the issue of the runoff?” Ms. Cox said, “I

haven’t been involved in that issue, so I couldn’t tell you.”


25

Councilwoman Berger noted, “The vote already happened. I just

wanted to put that out there in case this comes back before

Council for something else. This may be an item we want to watch

to make sure the property owner adheres to the rules as

established.”

c) RESOLUTION 11-R32, APPROVING AND ACCEPTING THE

PRELIMINARY AND FINAL PLAT FOR TOWN CENTRE PLAT NO.3 (P11-034)

WITHIN THE CITY OF PORT ST. LUCIE, FLORIDA ON THE REQUEST OF

NORTH COUNTY PROPERTIES INC.; AUTHORIZING THE MAYOR AND CITY

CLERK TO COUNTERSIGN SAID PLAT; PROVIDING AN EFFECTIVE DATE


Councilwoman Martin moved to approve Resolution 11-R32.

Councilwoman Berger seconded the motion. Councilman Kelly said,

“This has been before Council before. We had plat changes. I had

a problem with it, because the wall that Town Centre is supposed

to maintain between the residences and the Centre was in

disrepair and broken in many areas. When we approved the other

one, they were supposed to repair the wall. It has not been

repaired in all the areas. In fact, in some sections it is worse

than it was before. I’ll vote for this, but can we make them

repair the wall like they were supposed to? They are supposed to

maintain and repair it. That’s part of the deal.” Ms. Cox said,

“The wall is not on this particular property. These are the out

parcels.” The City Clerk restated the motion as follows: for

approval of Resolution 11-R32. The motion passed unanimously by

roll call vote.

d) RESOLUTION 11-R36, PROVIDING FOR THE ADOPTION OF THE

RULES OF COUNCIL, REPEALING THE PREVIOUSLY ADOPTED RULES OF

COUNCIL; PROVIDING AN EFFECTIVE DATE


Councilwoman Berger asked what was changed in the rules. The

City Attorney advised, “This is where you asked for the rules to

address reconsideration of previously approved or denied

motions. If it is going to come back for reconsideration, it has

to be presented by someone who voted on the prevailing side.”

Councilwoman Berger said, “Today is a good example of the three-

minute versus the five-minute rule for Public to be Heard. There

is a perception that the three-minute rule was to quiet the

public. It took us over an hour today to get to business. The

original rule was to be done in 30 minutes. With three minutes

more people can speak. I would just say to watch how the

meetings go and see how many times we’re breaking the rule of

not going past the 30 minutes. Are we allowing everybody to


26

participate in the way the public should? Three minutes allows

everybody to, and then we can expand the three minutes as

necessary. I also don’t like that you can’t text anymore.”

Councilwoman Martin moved to approve Resolution 11-R36.

Councilwoman Berger seconded the motion. Councilman Kelly

stated, “I’m having a problem with the five-minute rule, too.

I’ve worked here for 11 years. We did five, then three, and

five, then three, and back to five. We only allow the half hour,

and with the five-minute rule we’ve been going beyond it. If you

do three minutes, almost twice as many people get a chance to

speak. I’m really torn on that rule. More people get to speak.

It serves the public better. You can get your idea across in

three minutes.” Mayor Faiella asked, “Can we think about it and

come back with it at next meeting?” Councilwoman Martin said,

“I’ll consider it, but I’m not ready to make that determination

yet.” The City Clerk restated the motion as follows: for

approval of Resolution 11-R36. The motion passed unanimously by

roll call vote.

e) RESOLUTION 11-R37, AUTHORIZING THE EXECUTION OF A

CONSTRUCTION AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF

TRANSPORTATION CONCERNING THE CONSTRUCTION OF EWIP IMPROVEMENTS

OF CONCRETE MATS WITHIN THE STATE’S RIGHT OF WAY ON STATE ROAD 5

(U.S. HIGHWAY ONE) THAT IS SOUTH OF LENNARD ROAD; PROVIDING AN

EFFECTIVE DATE

The City Clerk read Resolution 11-R37 aloud by title only. Vice

Mayor Bartz moved to approve Resolution 11-R37. Councilwoman


as follows: for approval of Resolution 11-R37. The motion passed


12. UNFINISHED BUSINESS

There was nothing scheduled for this item.

13. NEW BUSINESS

a) MELVIN BUSH CONSTRUCTION, INC., WATER MAIN REPLACEMENT

AT RIVER PARK PHASE 5, $229,656.53, WHICH INCLUDES A ONE-TIME

$10 INDEMNIFICATION FEE, CONTRACT PERIOD IS FOR 150 CALENDAR

DAYS, #20110038, FUND 445-3315-5630, UTILITY SYSTEMS

The City Manager stated, “This is a contract to replace a water

main in River Park Phase 5. This project was bid and there were

four proposals. The low bid was Mel Bush Construction in the

amount of $229,656.53. We recommend approval.” Councilwoman


27

Berger moved to approve Item 13 a). Vice Mayor Bartz seconded

the motion. The City Clerk restated the motion as follows: for

approval of Item 13 a). The motion passed unanimously by roll

call vote.

b) SHIP PROGRAM, REQUEST FOR FORGIVENESS OF SHIP

OUTSTANDING DEFERRED LOAN OF $24,920 IN RETURN FOR A PAYOFF OF

$3,000 IN ORDER TO ALLOW FOR A SHORT SALE AND AVOID FORECLOSURE,

COMMUNITY SERVICES

The City Manager said, “This is a request to forgive a SHIP loan

in the amount of $24,920. In lieu of that the lender has agreed

to give the City back $3,000. This is on the short sale of a

house. We recommend approval so the house can be sold.”

Councilwoman Martin asked if the Council has done this

previously. Mayor Faiella replied in the affirmative.

Councilwoman Martin said, “It was determined that through the

foreclosure we would get nothing, but at least this way we would

get something.” The City Manager said, “That is correct.”

Councilwoman Berger moved to approve Item 13 b). Vice Mayor


follows: for approval of Item 13 b). The motion passed by roll

call vote, with Councilwoman Berger, Mayor Faiella, Councilwoman

Martin, and Vice Mayor Bartz voting in favor, and Councilman

Kelly voting against.

c) MELVIN BUSH CONSTRUCTION, INC., CONSTRUCTION OF EWIP

TIFFANY INTAKE CHANNEL AND ANCILLARY WORK, $1,392,370 PLUS A

ONE-TIME $10 INDEMNIFICATION FEE, #20110046, CONTRACT PERIOD IS

FOR 150 CALENDAR DAYS, FUND 403-4126-5688, ENGINEERING

The City Manager stated, “This is for another component of the

EWIP Project for the Tiffany Intake Channel and other work on

the pump station. There were five bids, and Mel Bush was the

lowest at $1,392,370. We recommend approval.” Councilman Kelly

moved to approve Item 13 c). Vice Mayor Bartz seconded the


approval of Item 13 c). The motion passed unanimously by roll

call vote.

d) UNIFIRST CORPORATION, RENEWAL #3, SUPPLYING AND

LAUNDERING OF UNIFORMS FOR CITY DEPARTMENTS, #20060003; RENEWAL

CONTAINS AN AVERAGE OF 10% REDUCTION IN THE FIXED UNIT PRICE,

$90,190 AND FUTURE EXPENDITURES AS BUDGET ALLOWS, CONTRACT

RENEWAL TERM IS 10/1/11 THROUGH 9/30/13, FUND 001/431/104/401-

VARIOUS-5340, OMB


28

The City Manager said, “This is a request for renewal of the

contract with Unifirst, the supplier and launderer of our

uniforms. They have agreed to a decrease of 10% through

September 30, 2012. They have also agreed to supply a new

uniform at each renewal time and replace them as necessary.”

Councilwoman Martin moved to approve Item 13 d). Councilman


follows: for approval of Item 13 d). The motion passed


e) WAIVER OF BID PER SECTION 35.11(A), EMERGENCY

CONDITIONS, REPAIR OF BAR RACK/SCREENING MECHANISM AT THE GLADES

WASTEWATER TREATMENT FACILITY PARKSON CORPORATION, #20110085,

$71,893, FUND 438-3513-5630, UTILITY SYSTEMS

The City Manager said, “We had a breakdown at the Glades Plant.

This is a contract with Parkson Corporation for $71,893 to

repair the system. I believe they are the suppliers of the

equipment. We recommend approval.” Councilwoman Martin moved to

approve Item 13 e). Vice Mayor Bartz seconded the motion. The

City Clerk restated the motion as follows: for approval of Item

13 e). The motion passed unanimously by roll call vote.

14. COUNCIL COMMENTS AND COMMITTEE REPORTS

VICE MAYOR BARTZ – TOURIST DEVELOPMENT COUNCIL/CIVIC

CENTER/ERNIE WEIRICH

Vice Mayor Bartz said, “We held our Tourist Development Council

meeting at the Civic Center. It was done very nicely; kudos to

Domenick’s for lunch. We toured the Civic Center and talked

about things we can do to market it. I had the opportunity

yesterday to make a presentation to Mr. Ernie Weirich, who is 93

years old. He received his Eagle rank with the Boy Scouts 76

years ago. Somewhere along the way he lost the badge. Boy Scout

Troop 442 did a whole presentation for him and gave him one. He

was surprised. He volunteers at a nursing home. In September he

will have been married 70 years. It was an honor to be there.

They brought in many Eagle Scouts from the area. A big surprise

to me is that they now let girls in.”

COUNCILWOMAN BERGER

Councilwoman Berger advised that she has no updates.

COUNCILWOMAN MARTIN – INSTITUTE FOR ELECTED MUNICIPAL OFFICIALS


29

Councilwoman Martin said, “The Mayor and I went to the Institute

for Elected Municipal Officials. It is a conference that the

Florida League of Cities puts on. It was a wonderful conference;

I learned so much. The things I had already learned were

validated. The learning curve is lessening for me. I learned a

few things that other cities are doing that we aren’t. I’m going

to work with staff to bring those back to Council for

discussion.”

COUNCILMAN KELLY – LENNARD/MARIPOSA EWIP CONSTRUCTION/UTILITIES

REGIONALIZATION

Councilman Kelly said, “Tonight we passed Resolution 11-R37

concerning EWIP construction improvements. This will be on

Lennard Road. I saw an email the other day that we are going to

close Lennard Road north of Mariposa for one month.” The City

Manager advised, “What we passed tonight is on US 1. But you are

correct. Lennard Road and Mariposa will be closed for a month.

We have a 72-inch concrete pipe that has to go from the Cane

Slough Parcel. It was going to go cattycornered across the

intersection, which would have caused a lot of conflicts with

other utilities. It was redesigned to go east. We acquired a lot

on the northeast corner of that intersection. Then it will turn

90 degrees and go across Mariposa to the Azzi parcel to handle

the drainage. It is a very large pipe. It will be a very large

hole and will probably require quite a bit of de-watering. It

will take some time. We have scheduled this so that the work can

be done while school is out. There will be some inconvenience,

but we’re getting notice out. I think it will start in a couple

of weeks.” Councilman Kelly noted, “I’m asking that we have as

many signs as possible to let everyone know this is going to

happen.”

The City Manager commented, “I would like to give kudos to the

contractor and the staff for Becker Road. We had to close it to

tear out an old bridge and put in pipes. It was scheduled for a

five week closure, and they got the road back open in less than

three weeks. Felix is the contractor. On this EWIP project

Underwater is the contractor.” Mr. Cunningham added, “The

closure is supposed to happen June 22. There will be an article

in the paper about it tomorrow. It’s been on the website and in

the newsletter.”

Councilman Kelly asked, “Has everybody met with Jesus and Mr.

Bentrott about the utility? Today we got a letter from Chris

Craft asking if we want to go to the meeting for talks about

regionalization. Where’s the future advantage and benefit?


30

There’s nothing to talk about. I don’t want to do it. Was the

letter sent to Mr. Bentrott or Mr. Merejo? Who makes that

decision?” Mayor Faiella noted that she also got a copy of the

letter, addressed to her.

Councilwoman Berger said, “We all had an opportunity to speak

with Mr. Merejo and Mr. Bentrott. My suggestion would be to

allow those who are requesting that we look at it to do the

heavy lifting. We are absolutely the vanguard in the utility

business on the Treasure Coast. We are there to assist our

neighbors and to make sure that we are part of the solution. I’m

sure we all agree that we will never not let our neighbors have

water. We will always be there to protect them. We’re talking 50

and 100 years out. But at this point, just because one or a

group of elected officials are starting to say

‘regionalization,’ doesn’t mean that we need to jump to define

that. As far as I’m concerned, the definition for

regionalization starts with the City of Port St. Lucie. I’m not

willing to have discussions even that include changing this to

an independent authority. Our ratepayers, which include some

members in the county, would not accept that. I would say that I

am excited about the fact that Mr. Kelly was ready to move

forward on the discussion. If the Council does have the

discussion, I would ask that I be part of that, and be on an

advisory board or committee, whatever gets put together. I’ve

been here a long time. I’m very comfortable with speaking about

the Utilities. I think that you can call staff and they can

speak to my knowledge on it. I’m ready to do battle and make

sure that our ratepayers are not taken advantage of.” Mayor

Faiella said, “I don’t believe they’re talking about a

committee. I believe they are talking about a joint meeting to

put this on the table and to put out the issues. From my

understanding from Commissioner Craft, I don’t think they are

forming committees. I believe his intent is to have a meeting

with everyone.” The City Manager said, “I’m not sure. I didn’t

bring a copy of the letter. I believe it asked if we are

interested. I don’t believe the makeup of how that would happen

was in the letter. I did hear a rumor today that we were honored

in the water department. Is that true, Jesus?” Mr. Merejo said

that he is not aware of it and added, “We need to respond to the

Commissioners on the letter to see who will be part of those

discussions. It is up to the Council as to whether you choose to

respond.” Councilman Kelly said, “When Mayor Christiansen left

they made me the point man with the Utilities. We haven’t talked

about regionalization. We have talked about our wastewater

supply and FPUA. That was brought together by Commissioner

Craft, also. The intention is not quite clear now. We have a 12


31

million gpd capacity. We’re using a little over 4 gpd. They want

to buy 4 million more. My problem is that in seven or eight

years the City will need that capacity. I don’t know where they

will get the money from in ten years to build a plant. They want

a ten-year deal. We will be obligated to supply a plant for them

in ten years if they don’t build a plant. I want to remind you

of what the City has been through to make this utility what it

is today. Building that wastewater treatment plant, we got sued

by three different entities. Now everybody wants to use our

plant. We built it for the future of the City, at the right time

and the right price. We had the foresight, and now everybody

wants to cash in on that. Councilwoman Berger is right, we have

friends and neighbors, and we won’t let them go without water.

But I’m not going to forego what we did for the future of the

City. The utility is one of our biggest assets, and we have to

be careful with it. Do we want to regionalize? We have to

regionalize for 450,000 here. If Council decides to sell some

capacity for a while, we have to make sure that there are

caveats to make sure they do what they have to do for the county

and the city to the north of us. It’s a no brainer. We’ll help

them out, but at what point do we stop, because we have a future

we’re trying to protect here. We worked hard to get it where it

is.” Councilwoman Berger observed, “There are a lot of lines

blurred in that conversation alone. Talking about supplying and

helping, and then where. . . ? I think there is a lot of passion

in what you and I are saying. But the reaity is that we

shouldn’t be having this conversation yet. There is no reason

why this wouldn’t be a simple fix. If the other agencies wanted

to fold into the City of Port St. Lucie, that could very easily

be done, absorbing their directors and the people who work

there. If it was truly about supplying water for residents and

ratepayers, it’s a simple fix. However, at this point I’m not

sure that’s what it’s about.”

Mayor Faiella asked, “Do we know that that is not on the table?”

Councilwoman Berger replied, “There would be no reason for us to

be at a table at this point.” Councilwoman Martin said, “I agree

with everything Councilman Kelly and Councilwoman Berger said.”

Mayor Faiella said, “I didn’t know if anybody had communications

with the county or the City on what they’re looking for.” Mr.

Merejo said, “I have received no communication other than the

letter.” Councilwoman Berger stated, “That’s a very good

question. The fact is that the way we found out this was being

discussed was via a memo to staff after a meeting was held that

we read about in the newspaper. Solution oriented? No.

Considering residents and ratepayers first, I would say that

there are very easy ways to fix it. Our staff is very close to


32

what we want. They have met with each one of us. They could

easily have meetings with the staff up there if we wanted them

to. If we decide to have one or two people meet with some other

elected officials, obviously the Mayor will want to meet with

them. What I’m saying is that there is a lot of history with

this, and I would be very cautious for new members to be on a

small committee, as we have seen with SRO’s, where you may not

be familiar with the history, investment or long-term vision,

and how easily we could assist our neighbors.” Councilman Kelly

said, “I’ll reiterate that I never had a discussion in any of

these meetings. It was only about capacity. We never spoke about

regionalization. I would welcome Councilwoman Berger next to me

if we have any Utilities discussions again.”

15. ADJOURN

There being no further business, the meeting adjourned at 9:20

p.m.

___________________________________

Karen A. Phillips, City Clerk

___________________________________

Margie L. Wilson, Deputy City Clerk

city of port st. lucie city council regular meeting minutes june...

Documents