Law Offices 311 South Second Street Suite 200 FortPlerc,FL34950 NEILL GRIFFIN MARQUIS OSKING, PLLC RichardV V.Neill (1934-2023) RichardV.Neill, Jr. +* Renéel Marquis-Abrams Iani Eielson Osking Brandon! M.Hale Matthew C.London Mailing Address: Post Officel Box 1270 FortPierce, FL34954-1270 Telephone: (772) 464-8200 Fax: (772)464-2566 *Board Certified' Wills, Trusts, and Estates) Lawyer Certified Circuit Civil/County Court! Mediator +Board Certified GiviTriallawyer Mayor William G. Thiess 2512Lightlewood. Lane Fort Pierce, Florida 34946 Mr. James Grimes 3203 North Indian River Drive Fort Pierce, FL 34946 Ms. Ingrid M. Van Hekken 304. Anchor Way Fort Pierce, FL 34946 January 10, 2024 Mr. Dale Reed 2811 North Indian River Drive Fort Pierce, FL 34946 Mr. John Langel 2511 North Indian River Drive Fort Pierce, FL 34946 Mr. Timothy Ritter 2513 Lightlewood Lane Fort Pierce, Florida 34946 RE: Town of St. Lucie Village - January meeting Gentlemen and Ms. Van Hekken: Please accept the following as our attorney's report for the January 16th meeting. 1. Occupational License Requests: Crane Max. LLC2450NUSD ii. Land Equipment, Inc. (2450NUS1) iii. RMB Crane, LLC(2450NUSI The occupational license applications for the above (i, ii and ini), were submitted to the Board in November. These businesses all include office use and I understand that Crane Max also sells cranes, Land Equipment sells other equipment, such as pile drivers, and RMB Crane is a crane service which has two cranes that are regularly used to provide crane services off premises. Copies oft the applications are enclosed. Mayor and Board of Aldermen Page 2 January 8, 2023 I've considered whether the uses are permitted, and our Land Development Code certainly permits office and sales uses but is not clear on the crane service use. One thing that is clear is that, as it pertains to the sales use, outdoor display of construction equipment and vehicles is permitted under the Land Development Code. See Section 3.12.6. We also consulted with the County and reviewed their code provisions to geti insight. Based on that, Iunderstand that rentals ofheavy equipment would be allowed in the County General Commercial district, sales (including outdoor display) would likely be allowed, a contractor operation with outdoor storage (versus their contractor's trade use) would be questionable and simple outdoor storage of] heavy equipment would not be permitted in that Its seems to me that, based on our provisions including the one allowing display of construction equipment and vehicles, the uses proposed are generally consistent with what Ithink that we might consider whether we want to clarify our applicable code provisions. We are expecting an occupational license application for the old Norris' restaurant. We've zoning. our code allows; s,Irecommend approval. iv. Robert Smith - Norris' (3080N.US1) not yeti received an application or supporting documents. V. ESM) Boats. LLC(3998 NUS Hwy 1-I Hiller). Iunderstand that Mr. Fickett hopes to attend our meeting, sol Ib have included this on our 2. Request for conceptual approval ofproposed use oft the property south of the St. Lucie School (Parcel ID: 1435-115-0030-010-2). Mike Caldwell still wants to move. his industrial testing laboratory to the Village. A copy oft the site plan submitted at November's Board of 3. Request for confirmation of number of required parking spaces for Self-Storage on the property north ofthe former Red Rooster (Parcel ID: 1428-501-0048-00-3). As part of proposing a site plan, George Ananich, AIA, asked about minimum number of] parking spaces. After conferring with Mayor Thiess and Building Official, Carl Peterson, we are recommending the board approve five (5) parking spaces with one ofthose being a Handicapped Parking Space. The email chain with Mayor Thiess and Mr. Petersonis 4. Paving Proposal. This item is on the agenda in case. Leon gets ai revised quote. 5. Clerk's Position = discussion. Iam sad to report that Mary has resigned effective March 31,2024. We will miss her dedication and assistance. A copy of my email and description agenda. A copy of] his application is enclosed. Aldermen meeting is enclosed. He now requests conceptual approval. enclosed. Mayor and Board of Aldermen Page 3 January 8, 2023 oft the Clerk's Position from 2020 are enclosed. We will discuss the process for replacement 6. Informational items. The following are for your information and will only carry forward at next week's meeting. in my report ift they remain pending for my further atention'nyolvement: Heritage Preserve Boundary Issue. There's been no activity. I'll review and reach out to the County abouti it. ii. St.I Lucie School Property Boundary. Iwill check on the status. iii. Sun Camper Notice ofViolation. A copy oft the Notice of Violation is enclosed. iv. Zoning queries. I've responded to a couple of queries about the Sun Camper property at 3496 NUS Hwy 1 and enclose copies for your information. V. Lien queries. None. information. vi. Financial Disclosure. I'm enclosing a recently received email for your vii. Stow & Go Site Plan. Wel have made progress. Ig gather that our engineer is satisfied with the current plan and calculations related to drainage. Landscape plans remain an open issue and work was commenced but encroached onto the school property. My recent follow up email is enclosed for your information. Do feel free to call ift there's anything you want to discuss with me before the meeting. With best regards. Richard RVNjr/dw Enclosures d Cc: Mary Fowler, Clerk (w/encls.) Cathy Townsend (w/encls.) Wesley Taylor (w/encls.) LICENSE NO AMOUNT NAME OF HUSINESS CranHak,ZLC CITYOFST.LUCIE VILLAGE- OFFICE OF CITY CLERK P.O.BOX3 3878 FORT PIERCE. FLORIDA 34948 C772)3561) 466-6900 (Please lvpe or prin!) APPLICATION FOR CITY BISINESS LOCATION LICENSE TOTHE (TYCLERKOFTHECT: OF STLUCEVILLACE FLORIDA: Pursuantt to made Ordinance for an 73-25 Code of Ordinances oft the Cityo of St. Lucie Village. Florida, applicationi is or hereby occupation! herein Occupationall License fort the privilege ofe engaging in the business. profession. described: LICENSE CLA5SIFICATION LIMITEDTO DATE BUSINESS WILLDIDJ COMMENCE PENALTY IDOINGE BUSINESS value ol persons. atc AL 34946 STREET ADDRESS OFE BUSINESS 2450North MAILING ADDRESS OFE BUSINESS Same BUSINESS PHONEL 772-484-3330. FL Pierce,FL Circle U63 One Tenant. Crserl OWNERO OF BUSINESS VeoneTouen f Encluma OWNER'S HOME ADDRESS IENORachSk, PSL, FL34983 HOMEF PHONE 772-370-7858 TYPE OF SERVICE, AND OR OPERATION YOURE BUSINESS WILL PROVIDE Rigging V Satsugply aks tudgupat 6ak6 DATE 11/24/23 STATE OF FLORIDA), SS ST.LUCIE VILLAGE) me. thes Belore APPLICANTS SIGNATURE Chanith Lowon TITLE Agmbr suhscriber, personally appeared Jeansle Bowen representing Crane May,Le edness or liability of any nature whatsoever. who, being duly sworn, deposes and says thart thea aboves slatementi ist true ando cbrrect without anydeductionlorord onaccountola anyindebt Sworn to ands subscribed before me this 22156 dayo of November N23 BRYANPOLLOCK MYC COMMESSONIGG:241 EXPIRES: anuary 28,2024 BondedThuN Netay! Publcu Undennter APPROVEE Planning and Development Department e No u No sfale reason) Dale Buldingand Code Enlorcement Deperiment Ye Nou No Male Dale A OTARYPUBLIC LICENSL NO AMOUNT NAME OF BLISINESS Land Egupment,TA CITY OFST. LUCIE VILLAGE- OFFICE OF CITY CLERK P.O.BOX3878 FORT PIERCE, FLORIDA 34948 C174):580.466.6900, (Please typec or print) APPLICATION FOR CITY BASINESS LOCATION LICENSE TOTHEC CITYCLERKOFTHE CITYOFS ST.LUCIE MILLAGE, FLORIDA: Pursuantt to Ordinance 73-25 Code of Ordinances ofthe City ofSt. Lucie Village. Florida. applicationi is hereby madef fora an Occupational License fort the privilege ofe engaging int the business, profession, or occupation! herein described: LICENSE LIMITEDT TO (Number ol unils. pumpa. valur ol sock, persons. eic DATE BUSINESS WILL DID) COMMENCE PENALTY (DOING BUSINESS WITHOUTAL LICENSE) STREET ADDRESS OF BUSINESS 3450 Nocth MAILING ADDRESS OF BUSINESS same BUSINESS PHONE 772-468-4570 cgupoentdealr DATE 11/21/23 STATE OF FLORIDA), ST.LUGIEN VILLAGE) 8S E6 rcke fEram 1616 PeeIEL3 OWNER OFE BUSINESS Jeanetk Bouen g4 Enc Lufman OWNER'S HOMEA ADDRESS RNWPeach St, PSL, F134983 TYPE OF PRODUCT. SERVICE.AND OR OPERATION YOUR BUSINESS WILLF PROVIDE Pledriving HOME PHONE 772-370-7858 APPLICANTS SIGNATURE Gartti Soawer Odechbiau) Before me, the suhscriber, personally appeared JeaneHe Bowlen representing LondEgupont, Ine who, being duly swor, deposes and says thati thea aboves statemerist truea ando correctithout: any deductionforore ona accounto ofanyindebt Swornt to and subscribed belore me this a/St day of Novembir 123 edness or liability of any nature whatsoever. BRYANPOLLOCK: MYCOMMISSIONIGGS 952441 EXPIRES.J January28,2 2024 Bondedn ThuNotary! Publicl Undenwitars No ("No" stale reason) By Department Not ( No: state reason) - TR NOTARYPUBLC APPROVED Planning and Development) Department Ves, Date Buriding and Code s Date LICENSENO DATE AMOUNT NAME OF BUSINESS RmB Cmn, LLC CITY OFST. LUCIE VILLAGE- OFFICE OF CITY CLERK P.O.BOX3878 FORTI PIERCE, FLORIDA34948 7727684)46-6900: (Please type or print) APPLICATION FOR CITY BUSINESS LOCATION LICENSE TOTHE CITY CLERKO OF THE CITYOF ST.LUCIE VILLAGE, FLORIDA: Pursuantt to Ordinance 73-25 Code of Ordinances oft the City ofSt Lucie Village, Florida, applicationi is hereby made for an Occupational, License fort the privilege ofe engaging in the business, profession, or occupation herein described: LICENSE CLASSIFICATION LIMITED TO DATE BUSINESS IWILLDID) COMMENCE PENALTY (DOING BUSINESS WITHOUTAL LICENSE) MAILINGA ADDRESS OFE BUSINESS: same BUSINESS PHONE. 772-638-1413 (Numbero ol units. pumps, value ols slock. persons. etc, STREET OF BUSINESS: 7450 North 45-1 FHere, FL. 34946 (Circle One dCerenlm OWNER OFE BUSINESS: Christopher Bowen # Eric Lufman OWNER'S HOME ADDRESS 903 Scott St Fb Piera,L 34982 HOME PHONE: TYPE OFF PRODUCT. SERVICE. AND,OR OPERATIONN YOURE BUSINESS WILL PROVIDE Cranservice DATE u233 STATE OF FLORIDA). STL LUCIE VILLAGE) sS APPLICANT'S CKSK TITLE Mamging Mbr Before me, the subscriber, personally appeared ChaaipkrBaso says thatt the above statement ist true and correct withouta anyo who, being duly sworn, deposes and Sworn to and subscribed before me this 2156 dayof November 23 20 representing RmB Cmne LLC edness orl liability ofa any nature whatsoever. deductionf for ord ona account ofanyindebt- BRYANPOLLOCK MICANESCNIGHI EXPIRES.Januay28 2024 ThruNotayp No( "No" stale reason) By. No- No" state reason) By. 2 NOTARY PUBLICH - APPROVED AST TOA APIICABLECOUES 1. Planning and Development Department: Dale Building and Code Enlorcement Depariment Date Yes CITY OF Sil. LUCIE VILLAUE- urrILE ur LIII LEn P.O. BOX3878 FORT PIERCE, FLORIDA. 34948 C7HA)81,466-6900 APPLICATION: FOR CITY BUISINESS LOCATION LICENSE (Please type or print) TOTHEGITY CLERK OF THECITY OFST.LUCIE VILLAGE, FLORIDA: Pursuantto Ordinance 73-25 Code of Ordinances oft the City ofs St. Lucie Village, Florida, application is! hereby made for an Occupational License fort the privlegeofengaging: in thei business, profession,* or' occupation. herein described: LICENSE CLASSIFICATION LIMITED TO- (Number dl unils. accommodations, pumps, value a;stock. persons, ete.) DATE BUSINESS IWILL DID) COMMENCE- June 4.3033 PENALTY(DOING BUSINESSWITHOUTAI LICENSE): STREET ADDRESS OF BUSINESS: 3998N-WS Hwyl LalGELP3HL MAILING ADDRESS OF 347AUFL7 LTinz FPezZ4A4 OWNERSHOME ADDRESS; 49Acke# Mountain Taa4Clfho,ME 044438 Ong/ow Tenga syed OWNER OF BUSINESS: Christopher. Fckltt BUSINESS PHONE (a07)949 -7484 TYPEgF PRODYÇT.SERVICE. ANDOR OPERATION. YOUR BUSINESS WILL,PROVIDE: BoatscuCe +5aks HOME PHONE: DATE: Dacember STATE OF FLORIDA) ST.LUGIE VILLAGE) ss 15,8033 APPLICANTS SIGNATURE ITLE:, Oper Before me, the subscriber, personallyappeared Chnstopher Fcket says that the above statementis true and correct without anydeductionf forgronaccount ofanyindebt- and representing ESm BoRts LLC edness' or liability ol. anyi nature whatsoever., Swnnand subscribed betore me. his. who, being duly sworn, deposés. LINDA A. CHASE Commsson#HH30138) Expires November 7,2026 No( ("No" state teasor). No(! "No" state.reason). By. 5b #3 aChask PUBLIC APPROVED. AS TO APPLICABLE ÇODES: :: Planning and' Development Dapartment: Bunlding and Code: Enlorcement. Department: Dato. Yes Date. B David Whitney From: Sent: To: Cc: Subject: Richard V. Neill, Jr. Monday, December 4, 20239 9:45. AM Carl Peterson William Thiess; Mary Fowler; David Whitney RE: Parking spaces question - Questions concerning Parcel ID: 1428-501-048-000-3 Bill and Carl, I've told this inquirer that the three of us would recommend the 5 space interpretation and ask the Board to confirm it at our December meeting. Richard Richard V. Neill, Jr., of Neill Griffin Marquis Osking, PLLC Post Office Box 1270 Ft. Pierce, FL 34954 Telephone: 772-464-8200 Fax: 772-464-2566 nelirenellgifin.om CONFIDENTIALITY The information contained in this e-mail, including any attachments, is privileged and confidential, intended for the thei individual or entity to whom iti is directed. Ify you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying oft this e-mail or any attachment is strictly prohibited. Ifyou have received this transmittal in error, please reply to the sender that you have received it in error and then delete it. Thank you. use of only From: Carl Peterson car.peterson@stluclevilagef.gov, Sent: Wednesday, November: 29,20235:00PM To: Richard' V. Neill, Jr. AMelurenelgrfin.om Cc: William Thiess willam.thiess@stlucievllagefigov; Mary Fowler nbaerescegetgee, David Whitney DWhimneyenalge"incom, Subject: Re: Parking spaces question - Questions concerning Parcel ID: 1428-501-0048-0003 Richard, conversations. lam basing parking requirements on the office only. The storage units if like the old Sea Coast Storage we be setup for the customer to pull up and unload their thing at the storage unit and leave. That is whatlunstained it to bei from my On Nov 29, 2023, at 4:38 PM, Richard V. Neill,. Jr. Felurenelgrin.om wrote: You're saying that you think that 5 is reasonable? Idon't disagree. But, if you do ita at 1 space per 1000 SF of the property, the number is 152, based the buildings (including office) it's55-those don't seem reasonable. And, Ithink that we have been asked to produce Seacoast plans and determined that the Village didn't permit it. It was annexed shortly after it was built, Ithink. Richard V.Neill, Jr., of Neill Griffin Marquis Osking, PLLC Post Office Box 1270 Ft. Pierce, FL 34954 Telephone: 772-464-8200 Fax: 772-464-2566 nellirenellgrifin.com CONFIDENTIALITY The information contained in this e-mail, including any attachments, is privileged and confidential, intended only for the use of the individual or entity to whom it is directed. Ifyou are not thei intended recipient, you are hereby notified that any dissemination, distribution, or copying oft this e-mail or any attachment is strictly prohibited. Ifyou! have received this transmittal in error, please reply to the sender that you have received iti in error and then delete it. Thank you. From: Carl Peterson car-peterson@stluclevlagef.gov> Sent: Wednesday, November29,03433PM To: Richard V. Neill,Jr. selurenelsrtin.om Cc: William Thiess willam.thies@stuucievllagef.gov; Mary Fowler mary.fowler@stluclevllagef.gov; David' Whitney PWhtreyenelsritincom Subject: Re: Parking spaces question - Questions concerning Parcel ID:: 1428-501-0048-000-3 Richard, Idon't believe a minimum of5 5is not to many. 1 has to be Handicap and 41 fore employees and customers. This is the same use as Smart Storage and the old Sea Coast: storage. Can we say there not allowed it commercial zoning after permitting the others. Sent from my iPhone On Nov 29, 2023, at 11:35 AM, Richard V. Neill, Jr. Mellrenelgrifin.om wrote: 2 Indoor but not like the place at Euclid. Ithink that this would be those long storage buildings with numerous individual spaces and roll up doors. Richard V. Neill,Jr., of Neill Griffin Marquis Osking, PLLC Post Office Box 1270 Ft. Pierce, FL 34954 Telephone: 772-464-8200 Fax: 772-464-2566 nellir@nellgriffn.com CONFIDENTIALITY The information contained in this e-mail, including any attachments, is privileged and confidential, intended only for the use of thei individual or entity to whomi itis directed. Ifyou are not thei intended recipient, you are hereby notified that any dissemination, distribution, or copying ofthis e-mail or any attachment is strictly prohibited. Ifyou! have received this transmittal in error, please reply to the sender that you have received iti ine error: and then delete it. Thank you. From: William Thiess Willam.thess@stlucevlagef.ov Sent: Wednesday, November 29, 202311:334 AM To: Richard' V. Neill, Jr. Melureneligrifincom, Carl Peterson car.peterson@stuucievllagef.gov Cc: Mary Fowler mary/rowlerestluclvilagetlgov; David' Whitney Pwntneyenelsritincom Subject: RE: Parking spaces question = Questions concerning Parcel ID: 1428-501-0048- 000-3 Richard, Is this an indoor storage facility like the Seacoast one oft the 3-story one further north?1 am not aware of any problems with parking at either one of those facilities. Can we check our records and see how those facilities were handled? Bill From: Richard V. Neill, Jr. AMelurenelgritin.com Sent: Wednesday, November 29, 202311:25AM car.peterson@stlucievilagef.gov To: William Thiess willam.thies@stluclevllagef.gov; Carl Peterson 3 Cc: Mary Fowler mEEsNsaase. David Whitney Dwateyenelstincon Subject: Parking spaces question - Questions concerning Parcel ID: 1428-501-0048-000- 3 Bill and Carl, on US1. We have a question on the property north of the former Red Rooster We had previously responded to queries, as per the below. The question now is the number required parking spaces. Carlandl discussed this briefly. I've since looked at in more detail. They propose self-storage buildings with an office. The site is 152,000 SF+ +/-, the total buildings will be 56,555 SF, and the office is 2,023 SF. To me, it's not clear which of the measures is the basis for determining required parking-our chart just says "spaces per gross The general provision, 3.9.1. A (2), would require 5 vehicle parking spaces or the number from the chart, if greater. At D, it says that for uses not listed, as with this use, we. shall apply the most similar use. Ihad been looking at this based on the outdoor storage requirements (#98 in the chart, 1 space per 500 gross SF) or Office & Related (#90, 1 space per 350 SF). The smallest requirement on the Frankly, if parking is calculated, even at 1 per 1000 SF, based on anything other than the office space, it seems to result in an unreasonably high number of spaces being required. square feet". (Gross square feet of what?) listed uses is 1 space per 1,000 SF. The design firm is hoping that we can at least give them a number we would recommend to the Board. Would appreciate your thoughts l'am a little concerned that whatever measure we decide will have and input. implications of future plans. Regards, 4 Richard Richard V. Neill,Jr., of Neill Griffin Marquis Osking, PLLC Post Office Box: 1270 Ft. Pierce, FL 34954 Telephone: 772-464-8200 Fax: 772-464-2566 nellirenellgifin.com CONFIDENTIALITY The information contained in this e-mail, including any attachments, is privileged and confidential, intended only for1 the use of the individual or entity to whom iti is directed. Ify you are nott the intended recipient, you are hereby notified that any dissemination, distribution, or copying oft this e-mail or any attachment is strictly prohibited. Ifyoul have received this transmittal in error, please reply to the sender that you have received iti in error: and then delete it. Thank you. From: Richard V. Neill, Jr. Sent: Thursday, October: 19, 20238:52AM To: William Thiess Wilam.tnessOstluevllagef.govp Cc: David' Whitney DWhitney@neilgriffin.com> Subject: RE: Questions concerning Parcel ID: 1428-501-0048-000-3 Thank you, Bill. Richard V. Neill, Jr., of Neill Griffin Marquis Osking, PLLC Post Office Box 1270 Ft. Pierce, FL 34954 Telephone: 772-464-8200 Fax: 772-464-2566 mellirenellgifin.om CONFIDENTIALITY The information contained in this e-mail, including any attachments, is privileged and confidential, intended only for the use of the individual or entity to whom iti is directed. Ifyou are not thei intended recipient, you are hereby notified that any dissemination, distribution, or copying oft this e-mail or any attachment is strictly prohibited. Ifyou have received this transmittal in error, please reply to the: senderi that youl have received it in error and then delete it. Thank you. 5 applicable law, regulations and the permits issued. (J) The fees for this permit, plan review and any inspections shall be as specified by Resolution or, if none is adopted, shall be commensurate with (and not exceeding) the costs incurred by the Board of Aldermen, including any charges of the City Attorney, Building Official and any other such (K) Any alterations of existing docks shall be subject to person as the Board may designate. relevant parts of this ordinance. Section 3.9.0 OFF-STREET PARKING AND LOADING Section 3.9.1 Parking Space Requirements for Individual Uses. Parking space requirements for individual uses shall be as set forth in Table 5and as follows: (A) Minimum Nehicle Parking Requirements. (I) All uses of five hundred (500) square feet or greater shall provide three (3) vehicle parking spaces or the number prescribed in Table 5, (2) All uses greater than five hundred (500) square feet shall provide five (5) vehicle parking spaces or the number prescribed in Table 5, whichever is greater. whichever is greater. (B) Sites with Two of More Uses. (1) Whenever two (2) or more of the uses listed in Table 5 are present on the same lot or in the same structure, the number of vehicle parking spaces required shall be the sum of spaces calculated for each individual use. (C) Reserve Parking. (1) Reductions of required parking spaces of up to fifty to seventy-five (508-758) percent may be permitted as a Conditional Use for intermittently used facilities such as churches, cultural facilities, recreation facilities, private clubs and lodges, and civic centers. Applications shall include a site plan which delineates all required spaces pursuant to Table 5 and identify those to be held in reserve. Approved reserve spaces shall be provided with a stabilized base 121 and sodded. Sodded areas shall be maintained in accordance with Section 3.6.0 of this ordinance. The Board of Aldermen, or their designee, shall review annually all sites with permitted reserve parking areas for erosion, production of nuisance dust, illegal access to public rights-of-way, and improper landscape maintenance. The presence of any of these factors, a change in use of the site, or a change in ownership shall void the reserve parking approval and require the paving of all spaces in accordance with Table 5 or the approval of a new Conditional Use. (D) Uses not Listed. (1) For uses not specifically listed, requirements shall be the same as for the most similar use identified. 122 TABLE 5 (continued) MOTOR VEHICLES (spaces per gross square feet, unless otherwise noted) 1 per 1,000 3 per service bay 1 per 250 N/A 3 per service bay; 1 per 500 enclosed area 1 per 500 enclosed area; 1 per 1,500 outdoor storage area 1F per 500 enclosed area; 1 per 1,500 outdoor storage area; 1 per 3 service bays 1 per 250 1 per 500 enclosed area 1 per 500 1 per 500 1 per 250 area 1 per 500 1 per 500 1 per 350 1 per 350 1 per 200 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 Motion Picture Studios Motor Vehicles Fuel Sales & Service (Gas & Service Stations) Motor Vehicle Parts & Accessory Store Motor Vehicle Repair - Heavy * (including body repairs & painting) Motor Vehicle Repair - Light (including body repairs & painting) Motor Vehicle - Sales & rental (no service) Motor Vehicle Sales & Service Agencies Motor Vehicle Title & Tag Service Motorcycle Sales and Service Establishments Music & Dance Studios Newspaper Distributing Agencies Newspaper & Magazine Shops grown off premises Nurseries Retail, for sale of plant materials Nurseries Wholesale & Retail, for sale of plant materials grown on premises Office & Related Uses - including business services, except as otherwise listed Office & Support Retail - not occupying more than 20% of gross squire footage Office - Governmental Administration *Prohibited in all zoning districts 127 TABLE 5 (continued) MOTOR VEHICLES (spaces per gross square feet, unless otherwise noted) 1 per 350 1per 300 per 350 1 per 500 None None None 1 per 250 1 per 250 1 per 250 1 per 250 1 per 300 Dependent on use 1 per 250 1 per 500 1 per 1,000 N/A Bowling Alleys: 5 spaces per lane, plus other uses. Other Recreation Uses as required by Director of Community Development 93 94 95 96 97 98 99 101 102 103 Post Office 104 Offices - Professional A) Medical and Veterinary B) Professional & Business Offices of Facilities, quasi-public associations & organizations, not for profit Outdoor Storage Facilities for Families & Businesses Parking Garages as Principal Use Parking Lot as Principal accessory or offsite uses Parking or Storage of Recreational Vehicles, accessory in residential districts Pawn Shops 100 Pet Grooming Establishments, but not kennels Photocopying Services Photographic Studios Private use on Public (City) Land 105 Printing & Type Setting Services 107 Radio & Television Broadcasting Studios & Facilities 106 Produce Markets 108 Railroad Switching & Marshaling Yards * 109 Recreation - Indoors *Prohibited in all zoning districts 128 Richard Neill From: Sent: To: Cc: Subject: Attachments: Richard Neill Wednesday, January 10, 20249:11 AM 'Ingrid Vanhekken'; Dale Reed; Jim Grimes; John Langel; Tim Ritter Mary Fowler; William Thiess; Richard V. Neill, Jr.; David Whitney 20-12-10 Clerk - Duties, Requirements, and Qualifications.docx Clerk's Position Good morning. I'm sure that you've heard the sad news that Mary is resigning effective March 31. We will certainly miss her and her efforts on the Village's behalf as the Clerk and Board's secretary. Accordingly, we will need to find a replacement. For reference, I've attached a description of the Clerk's duties which we used for our search in 2020. If you know of anyone who might be lexpect that we will discuss the process for filling the position at our meeting this month. By copy of this email, I'm asking Mary to circulate this email and attachment among the interested, please let them know. Village people. PLEASE DO NOT REPLY ALL. Regards, Richard V. Neill, Jr. Town Attorney Town of St. Lucie Village, Florida Neill Griffin Marquis Osking, PLLC Post Office Box 1270 Ft. Pierce, FL 34954 Telephone: 772-464-8200 Fax: 772-464-2556 hardnstesddaslsew Please Note: Florida has a very broad public records laws. Most written communications to or from myself of Village officials regarding Village business are public records available to the public and media upon request. It ist the policy ofs St. Lucie Village that all Village records shall be open for personal inspection, examination 1 Richard Neill From: Sent: To: Cc: Subject: Attachments: Richard Neill Wednesday, January 10, 20249 9:11 AM 'Ingrid Vanhekken'; Dale Reed; Jim Grimes; John Langel; Tim Ritter Mary Fowler; William Thiess; Richard V. Neill, Jr.; David' Whitney 20-12-10 Clerk- - Duties, Requirements, and Qualfications.docx Clerk's Position Good morning. I'm sure that you've heard the sad news that Mary is resigning effective March 31. We will certainly miss her and her efforts on the Village's behalf as the Clerk and Board's secretary. Accordingly, we will need to find a replacement. For reference, I've attached a description of the Clerk's duties which we used for our search in 2020. Ify you know of anyone who might be interested, please let them know. lexpect that we will discuss the process for filling the position at our meeting this month. By copy of this email, I'm asking Mary to circulate this email and attachment among the Village people. PLEASE DO NOT REPLY ALL. Regards, Richard V. Neill, Jr. Town. Attorney Town of St. Lucie Village, Florida Neill Griffin Marquis Osking, PLLC Post Office Box1 1270 Ft. Pierce, FL 34954 Telephone: 772-464-8200 Fax: 772-464-2556 Bardnalesidiasetse. Please Note: Florida has a very broad public records laws. Most written communications to ori from myself of Village officials regarding Village business are public records available to the public and media upon request. It is the policy ofs St. Lucie Village that all Village records shall be open for personal inspection, examination 1 Clerk Duties: 1. Shall be custodian of the city seal and shall affix its impression on documents 2. Shall act as and perform all oft the duties oft the City Treasurer unless the duties are whenever it is required. otherwise assigned by resolution oft the Board to the Deputy Clerk. To include: a. Shall keep accounts showing all monies received and the source and disposition thereof. Shall not pay any bills unless directed to do so by the Board. Shall make aj monthly financial report which shall be included in the official b. Shall be in charge ofissuing annual notices for occupational licenses. C. Shall assist the budget planning committee in the preparation ofa an annual budget for the municipality by furnishing all figures and records. Minutes oft the City. 3. Shall take minutes of all meetings oft the municipality, unless the duty is otherwise assigned by resolution of the Board to the Deputy Clerk. To include: a. Shall transcribe the minutes and make copies for the next scheduled meeting of the municipality. Shall hand deliver or mail a copy of the transcribed minutes to the Mayor, each member oft the Board, and the City Attorney at least one week prior to the next scheduled meeting. 4. Shall be custodian of all property, documents and records belonging to the City which are not assigned to the custody of some other officer. Toinclude: a. Shall keep ai record of ordinances, all licenses and permits issued and the b. Shall keep and maintain a proper index to all documents and records kept. C. Shall receive or pick up mail oft the municipality at least two times per week. Shall advise the Mayor or Chairman of the Board of any important correspondence and shall answer any mail inquiry as directed by the Mayor or payments thereof. Board. 5. Shall perform such other duties and functions as may be required by Statute, Ordinance, Resolution or directive oft the Mayor or Board. To Include: a. Shall not give any official opinion or statement concerning city ordinances or policies except through direction oft the Mayor or Board. b. Shall answer surveys received from the State ofl Florida and others. General Requirements: 1. Shall: maintain a listed and published telephone number. 2. Shall be proficient on QuickBooks. 3. Shall be familiar with payroll and payroll taxes. Clerk Qualifications: 1. Shall be elected and serve for a two year term and until a successor is elected and/or 2. Shall be bondable and before entering office, shall execute a bond in such amount as 3. Shall have continuously resided or will have continuously resided therein for aj period qualified as provided by Statute or Ordinance. specified by statute or by the Board. of30 days prior to the date of any election. LUCIE Town of St. Lucie Village PO BOX'3878- FORT PIERCE, FLORIDA 34748-(72)486.1900 1961 DATED: 12/14/23 CASE #: 0110-2023 Land Development Code VIOLATOR: at 8:54am RE: Violation of Section(s): 230.3210.530. and 3.5.4(A), of the St. Lucie Village Sun Camper Liquidators. LLC clo Mr. Cody Danks. Registered Agent 3462N.US Highway 1 Fort Pierce. FL: 34946 Fort Pierce. FL34946 1428-210-0011-000-2 Fort Pierce. FL34946 1428-210-0013-000-6 Property Address: 3507 Old Dixie Highway Property Address: 3462N.US Highway 1 and 3532 Old Dixie Highway Fort Pierce. FL34946 1428-210-0010-000-5 Tax Id #: Tax Id #: Legal Description: 28 34 40 FROM Al PT 726 FT: S OF NW COR. OF E 1/2 OF NW 1/4 OF SEC28 RUN E553.68 FT. TH NWLY7.5 FT FOR POB, TH E247.12 FTTO WRW OF OLD DIXIE HWY, TH NWLY ALGHWY R/W/176.27FT, TH W247.12 FT, TH SELY 176.27 FTTO1 POB-BEING PART OF GOVTL LOT 2 AND 28 34 401 THAT PART OF S: 322.5 FT OF N718.5 FT OF E 1/2 OF NW 1/4LYG BTWN W RW OLD DIXIE HWY ANDER RWUS 1-LESS 1 AC TRACT 247.12 FTX176.27 FT IN SE COR-BEING PART OF GOVT LOT2 (2.75AC) AND 28 344 40 BEG ON W R/W OF OLD DIXIE FWY AT NI LI OF S 330 FT OF N 1048.5 FT OF E120FNW 114, TH SELY ON RAV20.1 FT, TH W133.6F FT, THS215.91FT, TH W/315.4 FTI M/L TO ERWOFU US 1, THI NWLY ALG RVTO NLIOFS330FT OF! N 1048.5FT OFE120FNW14, THETOPOB-BEING PART OF GOVTLOT2 (1.95AC) NOTIC OF VIOLATION You are hereby notified that the property listed above is in violation oft the following: Ordinance: St. Lucie Village Land Development Code Section: 3.2.3(a) Description: When a parcel in single ownership extends from U.S. Highway 11 to Old Dixie. the commercial district will extend only to the east boundary of the west % ofthe property. There shall be no access ofcommercial property through a residential zoning district. Currently, the violator is utilizing portions of the above properties. which are zoned residential, forac commercial purpose and associated with the business. Sun Camper Liquidators. Ordinance: St. Lucie Village Land Development Code Section: 3.2.1(c) Description: Utilizing residential property for a commercial purpose is not a permitted use inthe R-lzoning district. Ordinance: St. Lucie Village Land Development Code Section: 5.3.0 Description: The administrative review and/or site plan review process is required for all development of commercial property and related uses. The Violator has failed to submit the necessary documents and has constructed improvements without obtaining the necessary approval. Ordinance: St. Lucie Village Land Development Code Section: 5.3.0 Description: The administrative review and/or site plan review process is required for all development ofc commercial property and related uses. The violator has removed aj portion oft the wall or fence that separates the properties with the addresses 35320ld) Dixie Highway. Fort] Pierce. EL6AND:SN.IS Highway 1.Fort Pierce. FL 34946, and is permitting traffic to flow freely betwéen thé properties and has expanded the use associated with the property located upon 3462N.US Highway 1. Fort Pierce. FL 34946, to extend onto and upon the adjoining property. Ordinance: St. Lucie Village Land Development Code Section: 3.5.4(A) Description: In residential Zoning Districts. fences. walls. or hedges of four (4) feet height or less may be located within four (4) feet oft the property line in the front yard. and fences. walls or hedges of four (4) feet height orl less mav bé located anywhere else in the front yard: fences. walls. or hedges ofsix (6)1 feet height or less may be located in the side yard or rear yard. The height of all fences. walls. or hedges shall be referenced to the natural ground elevation where the fence, hedge. or wall is located: excluding berms. swales. or other elevation anomalies. Currently. there isa6 fence located in the front yards of 3507 and 3532 NO Old Dixie Hwy. CORRECTIVE ACTION NECESSARY: To clear these violations. the violator must remove all commercial property from all residentially zoned property. This includes all travel trailers. equipment. and vehicles owned by Sun Camper Liquidators. LLC. all fences located upon that portion of the property. and all non-residential structures. Itis noted that a variance was given to previous owners of the property. but that various was personal to those owners. did not run with The Violator must submit all necessary documents required and to receive board approval for anything requiring such approval. In lieu of approval, Violator must remove all such structures (including fences and buildings) and return the properties to their pre-construction condition and the land. and has expired. cease all non-residential use ofr residentially zoned property. The violator must replace and erect the fence or wall that separated the 3532 Old Dixie Property and the 3462N. US Hwylp properties so as to prevent the movement of persons and equipment freely between the two properties OR tos submit a site plan or administrative review process toseek The violator must remove or modify to a height of 4' all portions oft the fence located in the front yards of the aforementioned properties. Iti is to be noted that a variance to allow commercial use was given to previous owners oft the property. but that variance was personal to those owners. did YOU. ARE HEREBY ADVISED that ifyou fail or refuse to correct the issues indicated above Village Special Magistrate. If, at that hearing, you are found to be in violation, the Special Magistrate has jurisdiction to impose a fine of not more than $250.00 per violation per day for each day the violation(s) continues. Shoald this be a repeat violation, a fine not to exceed $500.00 per violation per day may be imposed. However, ift the Special Magistrate finds the violation to be irreparable or irreversible in nature, she/he may impose a fine not to exceed $5,000.00 violation. The Special Magistrate has the authority to enter an order awarding the costs per of prosecution to the Town of St. Lucie Village (which may include the Code Inspector's time, Village Staff's time, Village Attorney's time, any costs incurred by the Village, the Special Magistrate's time, etc.). Ifyou fail to appear at the hearing, the hearing will proceed without you and the Special Magistrate may enter an order imposing a fine and awarding costs as ifyou were Please be advised that the procedures of the Special Magistrate are governed by the Ordinance 2018-3 oft the Town of St. Lucie Village, Florida, and Section 162.06, Florida Statutes; a copy of The Town ofSt. Luçie Village hèreby requests that this property be brought into compliance prior tot the 6th day of January 2024. Your cooperation in these matters would be greatly appreciated. Ifyou are unable to meet this request for any reason, please contact the St Lucie Village Marshal at (772)332-0940. Our office hours arel Monday through Friday 9:00 am to 4:30 pm. approval for that use to extend across the multiple properties. not run with the land. and has expired. within 15 days, you may be required to appear at a hearing before the St. Lucie present. the Rules of Procedure may be obtained upon request from the Village Clerk. Sincerely, BE Leon Ghougsasian, Code Inspector/ Marshal consiga traduccion immediateament. chèché ou moun pour nou espliké sa 1ou suit. Atencion: Documento importante con respocto a sus derechos y responsabilidades. Si usted nG Atansyon: Dokuman. sa impotan an rapà avek droi à responsabliè o1. Si ou pa kompran comprende ingles relé nou anglè ou bien Richard V. Neill, Jr. From: Sent: To: Cc: Subject: Mr. Jortner, Richard V. Neill, Jr. Tuesday, January 9, 20244:12PM Mary Fowler; William Thiess; nanyormer2@gmail.com David Whitney RE: 3462 N US Highway 1, Fort Pierce, FL Yours of January 5, 2024, was forwarded to me for response. As the town attorney, in a municipality that doesn't have a zoning department, I'm frequently assigned to answer questions. Isee that your query about this property, which I believe is the one assigned number 1428- 210-0013-000-6, to whether outdoor semi-truck storage is a permitted use. Itis not. Ican refer you to the Land Development Code posted on the Village's website tisaldiastansAOPIRANALumépeaisume Code.pdf). Hope that this is helpful. Sincerely, Richard V. Neill, Jr. Town Attorney Town of St. Lucie Village, Florida Neill Griffin Marquis Osking, PLLC Post Office Box 1270 Ft. Pierce, FL 34954 Telephone: 772-464-8200 Fax: 772-464-2556 ichard.nell@stlucievilagef.gov Please Note: Florida has a very broad public records laws. Most written communications to or from myself of Village officials regarding Village business are public records available to the public and media upon request. It ist the policy of St. Lucie Village that all Village records shall be open for personal inspection, examination and/or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the senderby reply e-mail and delete all materials from all computers. 1 From: Brian. Jortner ranornezesmalcom Sent: Friday, January5 5,20241:41PM To: Mary Fowler maryfowler@stlucievilageflgov Subject: 3462 N US Highway 1, Fort Pierce, FL Hello, Pierce. Thank you, Brian. Jortner lam wondering if outdoor semi truck storage is a permitted use for property located at 3462 N USI Highway 1 in Fort 2 Richard V. Neill, Jr. From: Sent: To: Cc: Subject: Mr. White, Richard V. Neill, Jr. Tuesday, January 9, 2024.4:05PM Mary Fowler; William Thiess; Chris.WhiteQalterralterraproperty.com David Whitney; edapcpeyon RE: Zoning Confirmation- 3462 N US Highway 1, Fort Pierce, FL Yours of January 3, 2024, was forwarded to me for response. As the town attorney in a municipality that doesn't have a zoning department, I'm probably the staff person who will Ican tell you that the bulk of this property, which I understand to specifically be the parcel assigned number 1428-210-0013-000-6, is zoned General Community Commercial; however, please note that the flagpole-like portion that extends from the main piece of the property east to Old Dixie Highway is zoned Single Family Residential (R-1) and may not be used for commercial purposes or to provide access to or from Old Dixie Highway, the road on the east. For your reference, here is a link to the Land Development Code posted on the Village's website hitps/istlucdeyllagelsefs.wp.sonten/uianE3OZENALaNALland-Development Code.pdf). You might look at the permitted use table which begins on page 56. Ican also try to answer questions about other potential uses, or solicit input from the Board of need to answer zoning questions. Alderman, our governing body. Sincerely, Richard V. Neill, Jr. Town Attorney Town of St. Lucie Village, Florida Neill Griffin Marquis Osking, PLLC Post Office Box 1270 Ft. Pierce, FL 34954 Telephone: 772-464-8200 Fax: 772-464-2556 chard.nell@stlucievllagef.gov Please Note: Florida has a very broad public records laws. Most written communications to or from myself of Village officials regarding Village business are public records available to the public and media upon request. It is the policy of St. Lucie Village that all Village records shall be open for personal inspection, examination and/or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the senderby reply e-mail and delete all materials from all computers. From: Chris White ChrsWhite@alterraproperty.com> Sent: Wednesday, nuay3,20241205PM4 To: Mary Fowler mary.owlerestlucevllagef.gove Cc: Charlie Totten charle-totten@alerrraproperty.com> Subject: Zoning Confirmation- 3462 N US Highway: 1, Fort Pierce, FL Hi, lam trying to get ahold oft the zoning representative to confirm zoning/permitted use for the SunCoast Liquidator property located at 3462 N US Highway 1.lunderstand this property falls under Saint Lucie Village zoning and it to be a General Commercial zoning but would like to get further clarity. appears Isth there someonel Ican reach out to directly? 2 Property dentification Site Address: 3462 NUS HIGHWAY1 Map ID: 34/28N Ownership Sun Camper Liquidators LLC 3462A NI US Hignway 1 FortPlerce.FL34946 Parcei ID: 142E210-0073-0O0E Account #: 9294 Use Type:4100 Zoning: Legal Description 28 34 40 BEG ONWE RW OF OLDDIXIE HW OFI NW1A4, TH SELY ON RW20.1FITHW ERW OF US 1.THNWLYALGI RWTONLI 14.THETO POB-BEING PARTOFGOVTL Current Values $426,600 s0 His Asses 5426, $466. $472, JustMarket: Exemptions: Assessed: Taxable: $426,600 $426,600 Year 2023 2022 2021 JusiMarket 5426,600 $466,800 $480,500 Sale History Deed WD TRUST QC Date 03-28-2022 07-28-2011 04-01-2010 Book/Page 4795/1608 3313/1452 3273/2782. Sale Code 0130 0111 0111 Grantor Plainsmaa investm Menotte Menotte (TR) TR) Debc Debc Primary Building information Finished Area of this building:3.0005 SF Gross Sketched, Area:3.960SF Exterior Data Rool Stucture: Steel Truss Grade: YO No. Units:1 Interor Data Electric: AVERAGE Heat Type: FrodHotAir Heat Fuet: ELEC View: Year Buit: 2005 Primary Wail: EnamPib Mu Bedrooms:o Fuil Baths: 1 Haif Bathns: 0 Chris White Alterra 139 Freeport Road Aspinwall, PA 15215 267-754-2442 Chrs.WniteQAlerrapropertly.com ttps/los.alterraproperty.com/ Roof Cover: Metal Frame: Story Height:1 Story AC %: 100% Heated %: 0% Sprinkled %: 100% 3 Richard V. Neill, Jr. From: Sent: To: Subject: Attachments: Jamie. Alan Cole COle@wsh-law.com> Tuesday, January 9, 20249:50AM Jamie Alan Cole Potential Form 6 Litigation Requirement.docx Form Resolution Authorizing Participation Ini Lawsuit Challenging Form 6 City Attorneys: Sorryf fori the group email, but Iwanted to reach out to everyone on this important topic. Aslk know are the Florida legislature last year passed a law that requires all municipal elected officials to than a Form 1, financial disclosure form, as of January 1, 2024. Overal hundred municipal complete elected officials 6, rather rather than fill out the newi form, which requires them to disclose their exact net worth, income and asset have resigned values. Numerous city officials have contacted us regarding thei filing ofa al lawsuit for declaratory and relief. Our Firm has decided toi file such a lawsuit, if at least ten municipalities sign on as plaintiffs. Attached injunctive is at form resolution that can be used by cities and their elected officials toj join the lawsuit. Our resolution and are based upon the right to privacy and free speech. Ifyour municipality legal is interested in set forth in the you al Form all aware, theories are want to discuss, please let me know. Thanks. joining ori ifyou CITY OF. RESOLUTION NO. FLORIDA AF RESOLUTION OF THE CITY OF THE CITY OF. FLORIDA, AUTHORIZING PARTICIPATION IN A LAWSUIT SEEKING A DECLARATION THAT THE PROVISIONS OF SECTION 112.144(1)(d), FLORIDA STATUTES, THAT REQUIRE MUNICIPAL ELECTED OFFICIALS TO FILE FORM 6 FINANCIAL DISCLOSURE FORMS IS UNCONSTITUTIONAL AND INVALID, AND PROVIDING FOR AN WHEREAS, since 1976, Article II, Section 8 of the Florida Constitution has required that all elected State constitutional officers file a full and public disclosure of their financial interests, which is done through a state-adopted form ("Form 6") that requires, among other things, the disclosure of the specific amounts of an official's net worth, EFFECTIVE DATE. income and asset values; and WHEREAS, historically, municipal elected officials have been required to make a more limited financial disclosure that is done through a different state-adopted form ("Form 1") that requires, among other things, the disclosure of information related to sources of income, real property, intangible personal property liabilities and interests in specified businesses, but does not include the specific amounts of an official's net worth, income and asset values; and WHEREAS, the Mayor and all current elected members of the City (the "City Elected Officials") were elected by the voters of the City subject to and in reliance upon Florida law that required the Mayor and Form 6) financial disclosures forms; and Members to annually file Form 1 (not WHEREAS, although the State Legislature has the power in the Florida Constitution to require that additional public officers file a full and public disclosure of their financial interests, it must do sO consistent with other constitutional limitations; and WHEREAS, in 1980, the voters of Florida amended the Florida Constitution by adopting Article 1, Section 23, the "Right to Privacy," which states that "Tejvery natural person has the right to be let alone and free from governmental intrusion into the person's private life except as otherwise provided herein"; and WHEREAS, because the right of privacy is a fundamental right within Florida's constitution, the Florida Supreme Court has consistently required that any law intruding on the right is presumptively unconstitutional and must be justified by a compelling state interest" which the law serves or protects through the "least restrictive means;" a and WHEREAS, the First Amendment to the United States Constitution, and Article 1, Section 4 of the Florida Constitution, protects the freedom of speech, which includes the right to choose what to say and what not to say, any impairment of which must bej justified by a compelling state interest" which the law serves or protects through the "least restrictive means;" and WHEREAS, during the 2023 legislative session, Senate Bill 774 was passed and codified at Law of Florida 2023-09, amending Fla. Stat. S 112.3144, to change the financial disclosure requirements and now require that all elected municipal mayors and elected members of the governing board file a Form 6 financial disclosure, which is substantially more burdensome and personally intrusive than the Form 1; and WHEREAS, the imposition of the Form 6 disclosure requirements at the municipal level (a) represents an unwarranted intrusion into the privacy rights of municipal elected officials, most of which receive little or no compensation for their service, (b) unnecessarily risks the safety of such officials (making them targets of, among other things, burglary, identity theft and extortion), and (c) will deter many otherwise qualified and interested citizens from running for office; and WHEREAS, in fact, many municipal officials resigned from office prior to December 31, 2023, as a result of the new disclosure requirements, disrupting the ability of some local governments to operate for lack of a quorum; and WHEREAS, the imposition of the intrusive Form 6 disclosure requirements at the municipal level is not the least restrictive means of serving the governmental interests of preventing abuse of the public trust, as demonstrated by, among other things, the lack of such requirements at the municipal level in other states and at the federal level (even the President of the United States and members of the U.S. Congress are not required to make such extensive disclosures); and WHEREAS, requiring that unpaid (or low paid) municipal elected officials disclose their precise net worth, income and assets does not serve (let alone constitute the least restrictive means of serving) any compelling interest - Form 1 disclosures constitutes sufficient transparency to inform the public of potential conflicts; and WHEREAS, the imposition of new financial disclosure requirements upon municipal elected officials who were elected without such requirements violates due process, is fundamentally unfair and violates fundamental constitutional rights; and WHEREAS, the City desires to participate in a lawsuit seeking a declaration that the provisions of Section 112.3144(1)(d), Florida Statutes, that require municipal elected officials to file Form 6 financial disclosure forms are unconstitutional and invalid and should be enjoined (the Lawsuit"); and WHEREAS, the City believes it is in the best interest of the citizens and residents of the City to participate in the Lawsuit and urges other municipalities and their elected officials to also participate as plaintiffs. NOW, THEREFORE, BEI IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF FLORIDA AS FOLLOWS: Section 1: That the foregoing WHEREAS" clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2: The City any of individual Members of the hereby authorizes the participation of the City, and who choose to participate as plaintiffs, in a lawsuit seeking declaratory, injunctive and other appropriate relief challenging the provisions of Section 112.3144(1)(d), Florida Statutes, that require municipal elected officials to file Form 6 financial disclosure forms, based upon any appropriate legal theories, including those set forth above, subject to the participation of at least ten municipalities. Section 3: Weiss Serota Helfman Cole + Bierman, PL (the "Firm") is hereby retained to represent the City in this litigation. The Firm will charge the City a flat fee, inclusive of attorneys' fees and costs, of $10,000 to represent the City and the individual elected officials who choose to participate as plaintiffs, for the litigation in the trial court. The City and elected officials recognize that such flat fee may be less than the actual attorneys' fees and costs incurred, and that if the City and elected officials prevail in the Lawsuit, the Firm may apply with the Court for its actual reasonable attorneys' and costs from the defendants. The filing of any appeals will be authorized by separate resolution under the terms thereof. The City and its elected officials also acknowledges that the Firm will be representing other local governments and officials in this lawsuit and waives any conflicts related to such representation. [ONLY FOR CITIES WHERE WSH DOES NOT SERVE AS CITY ATTORNEY: The City further acknowledges that, from time to time, the Firm may be called upon by client to represent them as to requests for various approvals and as to other matters with respect to or involving the City. The City hereby waives any potential conflict ofi interest in the Firm's representation oft those clients arising from its representation of the City in the Lawsuit.] Section 4: The City invites and urges other local governments and elected officials to join the City as plaintiffs in the Lawsuit and to coordinate their efforts with the City. Section 5: The City Clerk is directed to distribute this Resolution to all local governments in County. Section6 6: That the appropriate City Officials are hereby authorized to do all things necessary and expedient to carry out the aims of this Resolution. Section7: That this Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of 2024. Mayor ATTEST: City Clerk Approved as to form: City Attorney Richard V. Neill, Jr. From: Sent: To: Cc: Subject: Pete, Richard V. Neill, Jr. Tuesday, January 9, 20244:32PM Peter Sweeney SLV- Stow & Go Dianna Roulston; David Whitney; William Thiess; Mary Fowler I'mi following up on the emails following our last meeting and more recent emails in relation to While lam aware that Dylan O'Berry and Steve Cooper have communicated and, - believe, reached a satisfactory conclusion on drainage, and Ihave had a question from and responded your client's work that has been mistakenly done on Village property. to Mr. Sugg, Idon't! believe that there has been any other progress. Itshould go without saying again that your client is not be allowed to construct its improvements on Village owned property; sO, the improvements will need to be removed and The bottom line is that we need to conclude the site planning process on this project and get the required improvements constructed, or address the failure to comply. don't see why we can'tconclude the site plan review and approval by the time of the Board's February meeting. But, we cannot proceed until we can review a submittal from your client that is responsive to all points raised and discussed at our meeting, including landscaping plan, irrigation plan, etc., Forreference, please see mine of December 11, 2023, at 4:46 PM to Mr. Sugg, mine of December 12, 2023 at 4:55 PM to you and Dylan O'Berry, and mine of December 11, 2023, at Itn might be useful for us to talk SO Iwill ask David to follow up and schedule something. the property restored. and addresses the current encroachment onto Village property. 5:04 PM to you and Dylan with the meeting memo. Regards, Richard Richard V.Neill, Jr., of Neill Griffin Marquis Osking, PLLC Post Office Box 1270 Ft. Pierce, FL 34954 Telephone: 772-464-8200