FORT PIERCE — The city of Fort Pierce has rejected a proposed settlement in a lawsuit involving the future of Little Jim Bait and Tackle, leaving the legal dispute between the city and a local resident ongoing.
In October, plaintiff Kevin Keene filed a lawsuit against the city alleging mismanagement of waterfront properties, specifically concerning Little Jim Bait and Tackle, a restaurant that has operated in the area for more than 80 years.
The restaurant’s future became uncertain after its lease expired and the city opened the property for bids. The city rejected all submitted proposals last year, while Keene’s lawsuit initially sought to halt the leasing process, alleging it did not comply with state and local requirements.
Keene later amended the complaint to offer the city an opportunity to settle the case if certain conditions were met. City Attorney Sarah Hedges outlined the terms of the proposed agreement, which included requirements related to future lease solicitations and waterfront land use decisions.
"Number one, that any future lease solicitation RFP process involving the Little Jim property follow all requirements and cure any FDEP issues that exist on the property prior to that future use of the property and issuing any future RFP or solicitation," Hedges said.
The second condition would have required a future charter amendment related to publicly owned waterfront properties.
"The city will undertake and support an amendment to the city charter requiring a countywide vote of citizens coordinated through the supervisor of elections on any future land use considerations involving any publicly held waterfront lands," Hedges said.
The Florida Department of Environmental Protection concerns referenced in the settlement proposal stem from action taken against the city in June, after state officials determined Fort Pierce constructed docks and occupied submerged lands without the required permits.
The city currently owes just under $16,000 in fines and back lease fees related to those violations.
Commissioner Chris Dzadovsky said addressing the FDEP issues is something the city must do regardless of the lawsuit and said changes were already being incorporated into the procurement process.
"In the letter, it talks about the infractions and the challenges that we've been brought forward by the Florida Department of Environmental Protection. The city's going to have to manage that regardless, so that's an easy one to accept and to agree to," Dzadovsky said. "We started moving forward the procurement process. We added some language in there that's important that actually reflects what this is asking for."
However, the proposed requirement involving a countywide vote on future waterfront land use decisions raised concerns among some commissioners.
Commissioner Curtis Johnson said he did not support accepting the settlement offer.
"We have received a formal notice from FDEP. We will deal with FDEP and what we need to, but what is in front of me is a proposal from a citizen regarding this case, and so I'm not in favor of accepting this and will be rejecting this offer," Johnson said.
The commission voted unanimously to reject the settlement agreement, meaning the lawsuit will continue.