C I T Y O F F O R T P I E R C E
CITY COMMISSION AGENDA
Regular Meeting - Monday, June 3, 2024 - 5:05 p.m.
City Hall - City Commission Chambers, 100 North U.S. #1, Fort Pierce, Florida
1.
CALL TO ORDER
2.
OPENING PRAYER - Pastor Gary Robinson with Church of God by Faith
3.
PLEDGE OF ALLEGIANCE
4.
ROLL CALL
5.
APPROVAL OF MINUTES
a.
Approval of Minutes from May 20, 2024 Regular Meeting.
6.
PROCLAMATIONS
a.
National Garden Week
7.
LETTERS TO COMMISSION
a.
Letter from the Zora Neale Hurston Florida Education Foundation sincerely thanking the City of Fort Pierce for participating in the 2024 Zora EXPERIENCE Festival, which greatly contributed to its success.
8.
ADDITIONS OR DELETIONS TO AGENDA AND APPROVAL OF AGENDA
9.
COMMENTS FROM THE PUBLIC ON AGENDA ITEMS NOT REQUIRING PUBLIC HEARINGS
Any person who wishes to comment on an agenda item which is not under Public Hearings on the Agenda may be heard at this time and must sign up to speak in advance. Please limit your comments to three (3) minutes or less, as directed by the Mayor, as this section of the Agenda is limited to thirty minutes. The City Commission will not be able to take any official actions under Comments from the Public. Speakers will address the Mayor, Commissioners, and the Public with respect. Inappropriate language will not be tolerated.
Any person who wishes to comment on an agenda item which is not under Public Hearings on the Agenda may be heard at this time and must sign up to speak in advance. Please limit your comments to three (3) minutes or less, as directed by the Mayor, as this section of the Agenda is limited to thirty minutes. The City Commission will not be able to take any official actions under Comments from the Public. Speakers will address the Mayor, Commissioners, and the Public with respect. Inappropriate language will not be tolerated.
10.
MISCELLANEOUS REPORTS
11.
CONSENT AGENDA
a.
Approval of contract with Kimley Horn and Associates to perform the required tasks to develop a Comprehensive Safety Action Plan; city matching funds required in the amount of $60,000.00.
b.
Approval to appoint an employee, Junelly Jimenez-Sebastiano, Payroll and Benefits Coordinator, to serve as the alternate member of the Public Risk Management of Florida Group Health Trust Board of Directors.
c.
Approval of the Amendment to the grant agreement between the State of Florida, the Department of State and the City of Fort Pierce extending the grant period for the Highwaymen Museum project to December 31, 2024.
d.
Specific Authorization #7 to RFQ 2019-027 for Captec Engineering Inc for professional engineering design services for the Nebraska Avenue Sidewalk Project.
e.
Approve the expenditure of $318,050.00 for the purchase of a 28' Munson aluminum catamaran landing craft for use by the Fort Pierce City Marina within the Fort Pierce waterways.
f.
Approval of the Fort Pierce Youth Council's recommendations of the recipients to receive a City of Fort Pierce Youth Award.
g.
Approval of expenditure for Flagler Technologies: Nutanix Cluster Purchase with software/hardware maintenance for a term of 5 years for an amount not to exceed $123,787.80.
12.
PUBLIC HEARINGS
Quasi-Judicial Hearings follow a strict set of rules and procedures which can be found on the City's website using this link: https://www.cityoffortpierce.com/DocumentCenter/View/6740/Quasi-Judicial-Procedures. All Quasi-Judicial decisions by the City Commission must be based on competency substantial evidence. Competent substantial evidence is evidence which will establish a substantial basis from which the fact at issue can reasonably be inferred. It includes fact or opinion evidence offered by an expert on a matter that requires specialized knowledge and that is relevant to the issues to be decided. It is evidence a reasonable mind could accept as having probative weight and adequate to support a legal conclusion. Hypothetical, speculative, fear or emotion based generalized statements that do not address the relevant issues and that cannot be reasonably said to support the action advocated, are not competent substantial evidence.
Quasi-Judicial Hearings follow a strict set of rules and procedures which can be found on the City's website using this link: https://www.cityoffortpierce.com/DocumentCenter/View/6740/Quasi-Judicial-Procedures. All Quasi-Judicial decisions by the City Commission must be based on competency substantial evidence. Competent substantial evidence is evidence which will establish a substantial basis from which the fact at issue can reasonably be inferred. It includes fact or opinion evidence offered by an expert on a matter that requires specialized knowledge and that is relevant to the issues to be decided. It is evidence a reasonable mind could accept as having probative weight and adequate to support a legal conclusion. Hypothetical, speculative, fear or emotion based generalized statements that do not address the relevant issues and that cannot be reasonably said to support the action advocated, are not competent substantial evidence.
a.
Legislative Hearing - Ordinance 23-058 - An ordinance by the City Commission of the City of Fort Pierce amending the city's zoning atlas and establishing a zoning designation of planned development (PD) for three (3) parcels containing approximately 122.8 acres and being generally located at or near the northeast corner of Selvitz Road and Devine road and west of Christensen road in Fort Pierce, Florida; Subject property: Parcel ID(s):
2432-211-0006-000-3,
2432-211-0005-000-6,
2432-343-0001-000-4 - SECOND READING
b.
Legislative Hearing - Ordinance 24-015: Amending the Code of Ordinances of the City of Fort Pierce Chapter 125 - Zoning, Article IV - Basic Zoning Districts, Section 125-212 Planned Development Zone (PD) and deleting existing Section 125-213 CHAPTER 125-213 - Planned Unit Redevelopment Zone (PUR). FIRST READING. (Continued from May 6, 2024)
c.
Quasi-Judicial Hearing - Ordinance No. 24-018 an ordinance by the City Commission of the City of Fort Pierce, Florida; amending the City's zoning atlas and rezoning one(1) parcel generally located at or near 301 Florida Ave, containing approximately 0.38 Acres of land, more or less, from General Commercial (C-3) to Planned Development (PD); Parcel ID: 2410-711-0041-000-7. FIRST READING
d.
Quasi-Judicial Hearing and Resolution 24-R29 on notice of appeal filed by the City of Fort Pierce to appeal a decision made by the Historic Preservation Board on March 25, 2024, pursuant to Fort Pierce Code of Ordinance, Sec. 111-53, approving an application for conditional use for an expansion of outdoor entertainment area at 411 N 2
nd Street..
13.
CITY COMMISSION
a.
Resolution 24-R30 approving the execution of the Termination and Release of an easement held by the City of Fort Pierce for the use and benefit of the Fort Pierce Utilities Authority (FPUA) which is no longer needed by FPUA.
14.
COMMENTS FROM THE PUBLIC
Any person who wishes to comment on any subject may be heard at this time. Please limit your comments to three (3) minutes or less, as directed by the Mayor, as this section of the Agenda is limited to thirty minutes. The City Commission will not be able to take any official actions under Comments from the Public. Speakers will address the Mayor, Commissioners, and the Public with respect. Inappropriate language will not be tolerated.
Any person who wishes to comment on any subject may be heard at this time. Please limit your comments to three (3) minutes or less, as directed by the Mayor, as this section of the Agenda is limited to thirty minutes. The City Commission will not be able to take any official actions under Comments from the Public. Speakers will address the Mayor, Commissioners, and the Public with respect. Inappropriate language will not be tolerated.
15.
COMMENTS FROM THE CITY MANAGER
a.
Reports
16.
COMMENTS FROM THE COMMISSION
17.
ADJOURNMENT
Immediately following adjournment, please move toward the doors and exit the chambers. This allows for the safe and courteous exit of all persons, and those on the dais. Conversations after the meeting should be held outside of chambers, in the foyer or elsewhere, but not in the commission chambers where lights will be out as soon as the chambers are empty.
Immediately following adjournment, please move toward the doors and exit the chambers. This allows for the safe and courteous exit of all persons, and those on the dais. Conversations after the meeting should be held outside of chambers, in the foyer or elsewhere, but not in the commission chambers where lights will be out as soon as the chambers are empty.
Pursuant to Sec. 2-49, Fort Pierce Code of Ordinances, persons desiring to place an item on the agenda may make written request to the city manager no later than 5:00 p.m. fifteen (15) days preceding the regular city commission meeting. Such request must state the subject matter of the individual's appearance and should include any background materials pertinent to the issue. The city manager shall review the request to determine if the item might be handled administratively or whether the subject matter is an item of city business. If appropriate, the city manager shall submit the item for placement on the agenda to the city clerk no later than 5:00 p.m. ten (10) days preceding the regular city commission meeting. The mayor may impose a time limitation of five (5) minutes, or allow such additional time he or she determines necessary and appropriate for such person to make presentation. All reports, communications, ordinances, resolutions, contracts, documents or other materials to be submitted to the commission shall, no later than 12:00 noon on Wednesday prior to each meeting, be delivered to the city clerk and furnish each member thereof with a copy of the same prior to the regular meeting.
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises you that if you or another person decide to appeal any decision made by the City Commission with respect to any matter considered at its meeting or hearing, that you or said person will need a record of the proceedings, and that for such purpose, affected persons may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk's Office at (772) 467-3065 at least 48 hours prior to the meeting.
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises you that if you or another person decide to appeal any decision made by the City Commission with respect to any matter considered at its meeting or hearing, that you or said person will need a record of the proceedings, and that for such purpose, affected persons may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk's Office at (772) 467-3065 at least 48 hours prior to the meeting.