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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
CITY COUNCIL REGULAR MEETING MINUTES JUNE 13, 2011
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
CITY COUNCIL REGULAR MEETING MINUTES JUNE 13, 2011
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
CITY COUNCIL REGULAR MEETING MINUTES JUNE 13, 2011
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
CITY COUNCIL REGULAR MEETING MINUTES JUNE 13, 2011
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.
CITY COUNCIL REGULAR MEETING MINUTES JUNE 13, 2011
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
CITY COUNCIL REGULAR MEETING MINUTES JUNE 13, 2011
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
CITY COUNCIL REGULAR MEETING MINUTES JUNE 13, 2011
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
CITY COUNCIL REGULAR MEETING MINUTES JUNE 13, 2011
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.”
CITY COUNCIL REGULAR MEETING MINUTES JUNE 13, 2011
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.”
CITY COUNCIL REGULAR MEETING MINUTES JUNE 13, 2011
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
CITY COUNCIL REGULAR MEETING MINUTES JUNE 13, 2011
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
CITY COUNCIL REGULAR MEETING MINUTES JUNE 13, 2011
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
CITY COUNCIL REGULAR MEETING MINUTES JUNE 13, 2011
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
CITY COUNCIL REGULAR MEETING MINUTES JUNE 13, 2011
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
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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
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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
unanimously by roll call vote.
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
The City Clerk read Ordinance 11-33 aloud by title only. Mayor
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
The City Clerk read Ordinance 11-34 aloud by title only. Mayor
Faiella opened the Public Hearing. There being no comments,
Mayor Faiella closed the Public Hearing. Vice Mayor Bartz moved
to approve Ordinance 11-34. Councilwoman Martin seconded the
motion. The City Clerk restated the motion as follows: for
approval of Ordinance 11-34. The motion passed unanimously by
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
The City Clerk read Ordinance 11-35 aloud by title only. Mayor
Faiella opened the Public Hearing. There being no comments,
CITY COUNCIL REGULAR MEETING MINUTES JUNE 13, 2011
19
Mayor Faiella closed the Public Hearing. Councilwoman Martin
moved to approve Ordinance 11-35. Councilman Kelly seconded the
motion. The City Clerk restated the motion as follows: for
approval of Ordinance 11-35. The motion passed unanimously by
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
The City Clerk read Ordinance 11-36 aloud by title only. Mayor
Faiella opened the Public Hearing. There being no comments,
Mayor Faiella closed the Public Hearing. Councilman Kelly moved
to approve Ordinance 11-36. Vice Mayor Bartz seconded the
motion. The City Clerk restated the motion as follows: for
approval of Ordinance 11-36. The motion passed unanimously by
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
The City Clerk read Ordinance 11-37 aloud by title only. Mayor
Faiella opened the Public Hearing. There being no comments,
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
CITY COUNCIL REGULAR MEETING MINUTES JUNE 13, 2011
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
unanimously by roll call vote.
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
follows: for approval of Ordinance 11-39. The motion passed
unanimously by roll call vote.
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
The City Clerk read Ordinance 11-40 aloud by title only.
Councilwoman Martin moved to approve Ordinance 11-40. Vice Mayor
Bartz seconded the motion. The City Clerk restated the motion as
follows: for approval of Ordinance 11-40. The motion passed
unanimously by roll call vote.
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
CITY COUNCIL REGULAR MEETING MINUTES JUNE 13, 2011
21
The City Clerk read Ordinance 11-41 aloud by title only.
Councilwoman Berger moved to approve Ordinance 11-41. Councilman
Kelly seconded the motion. The City Clerk restated the motion as
follows: for approval of Ordinance 11-41. The motion passed
unanimously by roll call vote.
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
The City Clerk read Ordinance 11-42 aloud by title only.
Councilman Kelly moved to approve Ordinance 11-42. Councilwoman
Berger seconded the motion. The City Clerk restated the motion
as follows: for approval of Ordinance 11-42. The motion passed
unanimously by roll call vote.
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
The City Clerk read Ordinance 11-43 aloud by title only.
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,
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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
CITY COUNCIL REGULAR MEETING MINUTES JUNE 13, 2011
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
OF THAT CERTAIN PROPERTY REFERRED TO AS LOT 20, BLOCK 366, PORT
ST. LUCIE SECTION THREE; PROVIDING AN EFFECTIVE DATE
The City Clerk read Ordinance 11-44 aloud by title only.
Councilwoman Berger moved to approve Ordinance 11-44. Vice Mayor
Bartz seconded the motion. The City Clerk restated the motion as
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
OF THAT CERTAIN PROPERTY REFERRED TO AS LOT 1, BLOCK 275, PORT
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
Berger seconded the motion. The City Clerk restated the motion
as follows: for approval of Ordinance 11-45. The motion passed
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
CITY COUNCIL REGULAR MEETING MINUTES JUNE 13, 2011
24
OF THAT CERTAIN PROPERTY REFERRED TO AS LOTS 22 AND 23, BLOCK
1612, PORT ST. LUCIE SECTION TWENTY THREE; PROVIDING AN
EFFECTIVE DATE
The City Clerk read Ordinance 11-46 aloud by title only.
Councilwoman Berger moved to approve Ordinance 11-46. Vice Mayor
Bartz seconded the motion. The City Clerk restated the motion as
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
Faiella opened the Public Hearing. There being no comments,
Mayor Faiella closed the Public Hearing. Councilwoman Martin
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.”
CITY COUNCIL REGULAR MEETING MINUTES JUNE 13, 2011
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
The City Clerk read Resolution 11-R32 aloud by title only.
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
The City Clerk read Resolution 11-R36 aloud by title only.
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
CITY COUNCIL REGULAR MEETING MINUTES JUNE 13, 2011
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
Berger seconded the motion. The City Clerk restated the motion
as follows: for approval of Resolution 11-R37. The motion passed
unanimously by roll call vote.
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
CITY COUNCIL REGULAR MEETING MINUTES JUNE 13, 2011
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
Bartz seconded the motion. The City Clerk restated the motion as
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
motion. The City Clerk restated the motion as follows: for
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
CITY COUNCIL REGULAR MEETING MINUTES JUNE 13, 2011
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
Kelly seconded the motion. The City Clerk restated the motion as
follows: for approval of Item 13 d). The motion passed
unanimously by roll call vote.
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
CITY COUNCIL REGULAR MEETING MINUTES JUNE 13, 2011
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?
CITY COUNCIL REGULAR MEETING MINUTES JUNE 13, 2011
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
CITY COUNCIL REGULAR MEETING MINUTES JUNE 13, 2011
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
CITY COUNCIL REGULAR MEETING MINUTES JUNE 13, 2011
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