MINUTES OF A REGULAR MEETING OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, HELD IN THE CITY HALL COMMISSION CHAMBERS, 100 NORTH U.S. #1, FORT PIERCE, FLORIDA, AT 6:30 P.M. ON MONDAY, SEPTEMBER 17, 2018.
1.
CALL TO ORDER
2.
OPENING PRAYER - Rev. George Welch, White City United Methodist Church
3.
PLEDGE OF ALLEGIANCE
4.
ROLL CALL
- Present:
- Mayor Linda Hudson; Commissioner Rufus Alexander; Commissioner Jeremiah Johnson; Commissioner Thomas Perona; Commissioner Reginald Sessions
- Staff Present:
-
- Interim City Attorney Benjamin Bryan
- City Clerk Linda Cox
- City Manager Nicholas Mimms
5.
APPROVAL OF MINUTES
a.
Approval of the meeting minutes for the September 4, 2018 Regular Meeting.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Jeremiah Johnson to approve item 5 a.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
6.
PROCLAMATIONS - Mayor Hudson issued the Proclamation.
a.
Proclamation recognizing the 231st anniversary of the signing of the Declaration of Independence presented to the Cora Stickney Harper Chapter of National Society Daughters of the American Resolution .
7.
LETTERS TO COMMISSION - The following letters will be kept on file in the City Clerk's Office.
a.
Email from June Raymond thanking the Public Works Department for the expeditious repair of the sidewalk at 29th Street and Avenue F.
b.
Letter fom Hugh Powell in appreciation of the Golf Course Manager, Danny Visconti instilling a professional, welcoming attitude into every aspect of the facility and personnel.
8.
COMMENTS FROM THE PUBLIC ON AGENDA ITEMS NOT REQUIRING PUBLIC HEARINGS
Susan Parry spoke on item 11 b.
Kathy Norton spoke on item 11 b.
Terry Walden spoke on item 11 b.
John Parry spoke on item 11 b.
Janice Douglas spoke on item 11 b.
Lori Brettger spoke on item 11 b.
Susan Parry spoke on item 11 b.
Kathy Norton spoke on item 11 b.
Terry Walden spoke on item 11 b.
John Parry spoke on item 11 b.
Janice Douglas spoke on item 11 b.
Lori Brettger spoke on item 11 b.
9.
ADDITIONS OR DELETIONS TO AGENDA AND APPROVAL OF AGENDA
City Clerk, Linda Cox, indicated Commissioner Alexander would like item 13 b removed.
Motion was made by Commissioner Reginald Sessions, seconded by Commissioner Rufus Alexander to approve the Agenda as amended.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
10.
MISCELLANEOUS REPORTS
a.
Update on St. Lucie County Public Schools Grades and Scores - Superintendent Wayne Gent
Deputy Superintendent, Jon Price, indicated our St. Lucie Public Schools (SLPS) has increased 38 points over the 2017 year to 664 total points in 2018. These scores which include classes in math, science, and social studies have steadily been increasing and within the last two years they’ve leaped 91 points total. St. Lucie Public Schools have never been an A-rated school district and now they are only 1 point away from gaining the coveted A-rating status. The District Ranking Points is also headed in the right direction. In the past, our district has never exceeded 42 out of 67 counties and within the last three years the district is ranked at 22 and their goal is to be in the teens by the time they achieve the A-rating. SLPS has also outperformed the State in several subjects, including English Language Arts (ELA), mathematics, and science. Graduation rates have increased to 90.1% making SLPS 5th in the entire State and on the Treasure Coast, including Martin County (83.9%) and Indian River County (87.1%). Inclusively, 83.11% of high school students are enrolled in a form of continuing education. Additional staff have been hired for social and emotional support for students; a curriculum has been created for social and emotional learning as well.
b.
Florida Municipal Power Association (FMPA) Update - Jacob Williams
Jacob Williams with the Florida Municipal Power Agency (FMPA) indicated they understood the price of electricity is important to the consumers throughout the state of Florida because a third pay 10% of their income for power, this being because many residents are on a fixed income and/or retired. Additionally, in the state of Florida, we use twice the power than other sunshine states, like California, because the humidity is much higher. In turn, FMPA continuously strives to add value to the residents of Fort Pierce providing revenue and boosting the economy with an annual revenue transfer of $4 million, employing 105 people and a better outage restoration response time through FPUA, usually one-day. FMPA’s Treasure Coast plant is the lowest emitting plant in the fleet making it very cost effective. Mr. Williams indicated he was glad the City of Fort Pierce has a solar plan in place to take effect in 2020 because the cost will be one-third of the cost for rooftop solar and it’s the most competitive plan relative with other generations. FMPA is focusing on low-cost, clean and reliable power and they expect fixed costs to be flat or declining which in turn should allow rates to remain low.
11.
CONSENT AGENDA
a.
Approval of an lnterlocal Agreement between the City of Fort Pierce and St. Lucie County beginning October 1, 2018 for cooperation on state lobbying in an amount not to exceed $25,000.
b.
Approval of the annual Humane Society contract for FY 2019 in an amount not to exceed $133,000.00.
c.
Approval of Blanket Purchase Orders for the Public Works Department for Fiscal Year 2018-2019 to ensure efficient maintenance, service and repair of all City owned facilities, amenities and equipment, in the total budgeted amount of $1,054,000.
d.
Approval of the technical specifications in preparation of the issuance of an RFP for the utilization of the City Hall Annex.
e.
Approval of the Interlocal Agreement between St. Lucie County and the City of Fort Pierce for the improvements and kiosks for the Zora Neale Hurston Dust Tracks Trail Restoration Project in the amount of $20,000.00 funded via a grant from the Tourist Development Council.
f.
Approval of a Site Plan Extension (with Conditional Use and Design Review) for the Treasure Coast Recovery Center - 604 Midway Road. The new expiration date would be August 7, 2019.
Commissioner Alexander pulled item 11 b for discussion.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Reginald Sessions to approve items 11 a, 11 c, 11 d, 11 e and 11 f.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
As to item 11 b, Peggy Arraiz, Code Enforcement Manager, indicated there have been some concerns with the Humane Society’s new change in management who is trying to convert the facility into a no-kill shelter. While this is admirable, Ms. Arraiz believes the process they’re using to get there is incorrect. Her Animal Control officers are there every day and report back that the facility is filled to capacity and they do not have enough staff to oversee the care of the animals housed there. While the Humane Society has a contract with a local vet, one of Ms. Arraiz’s concerns was that they didn’t have one on staff. They have since hired one, though they are not there on a daily basis it is an improvement worth noting. Ms. Arraiz stated the increase is moderate as it is only an increase of $3,000 versus the $50,000 increase requested. Being aware of how everything has increased, including animal care and, something as necessary as animal food is to a shelter, staff saw it fit to approve a $3,000 increase. She further noted this has been the first increase in a two-year period.
After much discussion, Nicholas Mimms, City Manager, indicated thorough data collection regarding inspections, finances, etc. should be collected and presented at the next Conference Agenda on October 8, 2018 and have Humane Society staff present to answer questions from the City Commission. Mayor Hudson also mentioned she’d like to be able to speak and ask questions to the board members. All City Commission members were in agreement that this was an issue that needed to be reviewed.
After much discussion, Nicholas Mimms, City Manager, indicated thorough data collection regarding inspections, finances, etc. should be collected and presented at the next Conference Agenda on October 8, 2018 and have Humane Society staff present to answer questions from the City Commission. Mayor Hudson also mentioned she’d like to be able to speak and ask questions to the board members. All City Commission members were in agreement that this was an issue that needed to be reviewed.
Motion was made by Commissioner Reginald Sessions, seconded by Commissioner Rufus Alexander to postpone this item to October 15, 2018 after the discussion at the October 8, 2018 Conference Agenda.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
12.
PUBLIC HEARINGS
a.
Ordinance 18-030 - Levying and collecting taxes for Fiscal Year beginning October 1, 2018 and Ending September 30, 2019, adopting Final Millage Rate. SECOND READING
City Clerk Linda Cox read the ordinance, into the record in its entirety.
AN ORDINANCE OF THE CITY OF FORT PIERCE, FLORIDA; PROVIDING FOR THE LEVYING AND COLLECTING OF TAXES FOR THE CITY OF FORT PIERCE, FLORIDA, FOR FISCAL YEAR BEGINNING OCTOBER 1, 2018 AND ENDING SEPTEMBER 30, 2019, FOR THE PURPOSE OF RAISING SUCH AMOUNT AS MAY BE NECESSARY TO CARRY ON THE GOVERNMENT OF SAID CITY DURING SAID FISCAL YEAR AND TO PAY FUNDS SO COLLECTED INTO THE ACCOUNTS PROVIDED THEREFOR; ADOPTING THE CITY OF FORT PIERCE 2018-19 FISCAL YEAR FINAL MILLAGE RATE; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA:
SECTION 1. The final millage rate of the City of Fort Pierce, Florida, for the Fiscal Year 2018-19 is hereby levied at the rate of 6.9000 per thousand dollar valuation for general City purposes; said rate being in excess of the roll-back rate by 5.39%.
SECTION 2. The City Commission of the City of Fort Pierce, Florida hereby levies a tax of 6.9000 per thousand dollar valuation on all real and personal property within the corporate limits of said City, subject to tax on the first day of January 2018, provided however that such 6.9000 shall not be levied upon property in the City of Fort Pierce exempt under state statute or federal constitution.
SECTION 3. That the City Manager is hereby instructed and directed to certify to the St. Lucie County Property Appraiser the above and forgoing enumerated Millage to be levied for all purposes, for the 2018-19 fiscal year in the said City of Fort Pierce, Florida, pursuant to the provision of the laws of the State of Florida and the Charter of the City of Fort Pierce.
SECTION 4. This ordinance shall be and become effective October 1, 2018.
Mayor Hudson opened the Public Hearing.
Seeing no one, the Mayor closed the Public Hearing.
AN ORDINANCE OF THE CITY OF FORT PIERCE, FLORIDA; PROVIDING FOR THE LEVYING AND COLLECTING OF TAXES FOR THE CITY OF FORT PIERCE, FLORIDA, FOR FISCAL YEAR BEGINNING OCTOBER 1, 2018 AND ENDING SEPTEMBER 30, 2019, FOR THE PURPOSE OF RAISING SUCH AMOUNT AS MAY BE NECESSARY TO CARRY ON THE GOVERNMENT OF SAID CITY DURING SAID FISCAL YEAR AND TO PAY FUNDS SO COLLECTED INTO THE ACCOUNTS PROVIDED THEREFOR; ADOPTING THE CITY OF FORT PIERCE 2018-19 FISCAL YEAR FINAL MILLAGE RATE; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA:
SECTION 1. The final millage rate of the City of Fort Pierce, Florida, for the Fiscal Year 2018-19 is hereby levied at the rate of 6.9000 per thousand dollar valuation for general City purposes; said rate being in excess of the roll-back rate by 5.39%.
SECTION 2. The City Commission of the City of Fort Pierce, Florida hereby levies a tax of 6.9000 per thousand dollar valuation on all real and personal property within the corporate limits of said City, subject to tax on the first day of January 2018, provided however that such 6.9000 shall not be levied upon property in the City of Fort Pierce exempt under state statute or federal constitution.
SECTION 3. That the City Manager is hereby instructed and directed to certify to the St. Lucie County Property Appraiser the above and forgoing enumerated Millage to be levied for all purposes, for the 2018-19 fiscal year in the said City of Fort Pierce, Florida, pursuant to the provision of the laws of the State of Florida and the Charter of the City of Fort Pierce.
SECTION 4. This ordinance shall be and become effective October 1, 2018.
Mayor Hudson opened the Public Hearing.
Seeing no one, the Mayor closed the Public Hearing.
Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Reginald Sessions to approve item 12 a.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
b.
Ordinance 18-032 Adopting a Final Budget for Fiscal Year 2019, beginning October 1, 2018 and ending September 30, 2019. SECOND READING
City Clerk Linda Cox read the ordinance, into the record in its entirety.
AN ORDINANCE OF THE CITY OF FORT PIERCE, FLORIDA; ADOPTING A FINAL BUDGET FOR THE CITY OF FORT PIERCE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018, AND ENDING SEPTEMBER 30, 2019; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA:
SECTION 1. The City Commission of Fort Pierce, Florida after having held a public hearing, hereby adopts as its final budget for the operation of the government of said City for the fiscal year beginning October 1, 2018 and ending September 30, 2019, the estimates made by the City Manager of said City presented to the City Commission on September 04, 2018, which detailed amended estimates are now on file with the City Clerk and the Director of Finance.
SECTION 2. That it shall be the duty of the City Manager to set up the aforesaid appropriation of revenues and expenses on the account records of said City, to keep such accounts thereof, as required by the Charter of said City, as may be directed from time to time by the City Commission.
SECTION 3. This ordinance shall be and become effective October 1, 2018.
Mayor Hudson opened the Public Hearing.
Seeing no one, the Mayor closed the Public Hearing.
AN ORDINANCE OF THE CITY OF FORT PIERCE, FLORIDA; ADOPTING A FINAL BUDGET FOR THE CITY OF FORT PIERCE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018, AND ENDING SEPTEMBER 30, 2019; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA:
SECTION 1. The City Commission of Fort Pierce, Florida after having held a public hearing, hereby adopts as its final budget for the operation of the government of said City for the fiscal year beginning October 1, 2018 and ending September 30, 2019, the estimates made by the City Manager of said City presented to the City Commission on September 04, 2018, which detailed amended estimates are now on file with the City Clerk and the Director of Finance.
SECTION 2. That it shall be the duty of the City Manager to set up the aforesaid appropriation of revenues and expenses on the account records of said City, to keep such accounts thereof, as required by the Charter of said City, as may be directed from time to time by the City Commission.
SECTION 3. This ordinance shall be and become effective October 1, 2018.
Mayor Hudson opened the Public Hearing.
Seeing no one, the Mayor closed the Public Hearing.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Reginald Sessions to approve item 12 b.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
c.
Legislative Hearing - Ordinance 18-023 - Affirming the Prior Approval for the Planned Development Mayfair at Lawnwood - Parcel IDs 2416-504-0199-000-1, 2416-504-0199-050-6 & 2416-504-0199-200-3 - SECOND READING
City Clerk Linda Cox introduced the ordinance, read by title only, into the record.
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, AFFIRMING THE PRIOR APPROVAL OF A PLANNED DEVELOPMENT (PD) PLAN MODIFICATION FOR MAYFAIR AT LAWNWOOD PURSUANT TO SECTION 22-40, PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Hudson opened the Public Hearing.
Seeing no one, the Mayor closed the Public Hearing.
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, AFFIRMING THE PRIOR APPROVAL OF A PLANNED DEVELOPMENT (PD) PLAN MODIFICATION FOR MAYFAIR AT LAWNWOOD PURSUANT TO SECTION 22-40, PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Hudson opened the Public Hearing.
Seeing no one, the Mayor closed the Public Hearing.
Motion was made by Commissioner Reginald Sessions, seconded by Commissioner Jeremiah Johnson to approve item 12 c.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
d.
Quasi-Judicial Hearing - Ordinance 18-033 - Review and approval of an application for Major Amendment to a Planned Development along with an amended and restated Development Agreement by Applicant; Carriage Pointe Investors, LLC, to allow for eight (8) modifications for the subdividsion known as Carriage Point, located at the intersection of Ralls Road and Selvitz Road, Fort Pierce, FL. The property is currently zoned PD, Planned Development. FIRST READING
City Clerk Linda Cox introduced the ordinance, read by title only, into the record.
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; AMENDING THE PLANNED DEVELOPMENT PLAN FOR PROPERTY GENERALLY LOCATED AT THE INTERSECTION OF RALLS ROAD AND SEVITZ ROAD AND KNOWN AS CARRIAGE POINTE; AMENDING AND RESTATING THE DEVELOPMENT AGREEMENT; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Before commencing this Quasi-Judicial Hearing, Ben Bryan, Jr., Interim City Attorney, reminded the Commission when acting as a Quasi-Judicial Body they apply the laws and policies established and are held to stricter procedural requirements, following basic standards established and are held to stricter procedural requirements, following basic standards of notice and due process based on substantial evidence. As such, they conduct these proceedings as judges instead of legislators.
That means that the only other individuals that may be heard are people who might have relevant information and their comments are limited to three (3) minutes each. Members of the public may be permitted to present their non-expert opinions, but the Commission must know that public sentiment is not relevant to the decision which must be based on competent, substantial evidence.
Mayor Hudson called the proceeding to order.
City Clerk, Linda Cox, confirmed the City complied with advertisement and notice requirements.
Mayor Linda Hudson inquired with the Commission regarding ex-parte communications but no one recalled having communication with them with the exception of Commissioner Perona who indicated they’d spoken last year.
City Clerk, Linda Cox, was asked to swear in those wanting to speak during this Quasi-Judicial hearing. Individuals in the audience intending to speak on this item were asked to stand, raise their right hand, and administered an oath to tell the truth, the whole truth and nothing but the truth. Those that were sworn in were asked to clearly state their name for the record and confirm they were sworn in at such time as they were asked to come forward to testify.
Brandon Creagan, Planning Analyst, indicated this was an application for major amendment to Planned Development along with a development agreement for the Carriage Pointe subdivision located at the intersection of Ralls Drive and Selvitz Road. In accordance with Section, 22-40 of the City Code, the applicant is requesting the review and approval of a Development Review (Major Modification) to the PD as follows:
The Planning Board voted unanimously to recommend approval of the request as presented. The requested Application for Development Review (Major Amendment) meets the requirements of the aforementioned City Code, therefore, staff recommends that the City Commission approve the request as presented along with Ordinance 18-033.
Mayor Hudson opened the Public Hearing.
Lee Dobbins with Dean Mead Attorneys at Law confirmed being sworn in and indicated these were just minor improvements being done and he thanked staff for their patience and help through this process.
Seeing no one else, the Mayor closed the Public Hearing.
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; AMENDING THE PLANNED DEVELOPMENT PLAN FOR PROPERTY GENERALLY LOCATED AT THE INTERSECTION OF RALLS ROAD AND SEVITZ ROAD AND KNOWN AS CARRIAGE POINTE; AMENDING AND RESTATING THE DEVELOPMENT AGREEMENT; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Before commencing this Quasi-Judicial Hearing, Ben Bryan, Jr., Interim City Attorney, reminded the Commission when acting as a Quasi-Judicial Body they apply the laws and policies established and are held to stricter procedural requirements, following basic standards established and are held to stricter procedural requirements, following basic standards of notice and due process based on substantial evidence. As such, they conduct these proceedings as judges instead of legislators.
That means that the only other individuals that may be heard are people who might have relevant information and their comments are limited to three (3) minutes each. Members of the public may be permitted to present their non-expert opinions, but the Commission must know that public sentiment is not relevant to the decision which must be based on competent, substantial evidence.
Mayor Hudson called the proceeding to order.
City Clerk, Linda Cox, confirmed the City complied with advertisement and notice requirements.
Mayor Linda Hudson inquired with the Commission regarding ex-parte communications but no one recalled having communication with them with the exception of Commissioner Perona who indicated they’d spoken last year.
City Clerk, Linda Cox, was asked to swear in those wanting to speak during this Quasi-Judicial hearing. Individuals in the audience intending to speak on this item were asked to stand, raise their right hand, and administered an oath to tell the truth, the whole truth and nothing but the truth. Those that were sworn in were asked to clearly state their name for the record and confirm they were sworn in at such time as they were asked to come forward to testify.
Brandon Creagan, Planning Analyst, indicated this was an application for major amendment to Planned Development along with a development agreement for the Carriage Pointe subdivision located at the intersection of Ralls Drive and Selvitz Road. In accordance with Section, 22-40 of the City Code, the applicant is requesting the review and approval of a Development Review (Major Modification) to the PD as follows:
- Revise the proposed amenity center to remove the pool/cabana and to add a dog park, active play area, and a covered seating area.
- Revise the side setback from zero (0) feet to five (5) feet.
- Identify model home lots (Lots 1-11).
- Permit semi-improved (unpaved) walking trails within upland preserve
- Add covered mail kiosk in the recreation area
- Adjust lot lines and drainage easements within lots to be consistent with the Minor Replat
- Adjust landscaping in the right-of-way and common areas to account for the Minor Replat. As well as provide a buffer along the south and west property lines.
- Provide project phasing
The Planning Board voted unanimously to recommend approval of the request as presented. The requested Application for Development Review (Major Amendment) meets the requirements of the aforementioned City Code, therefore, staff recommends that the City Commission approve the request as presented along with Ordinance 18-033.
Mayor Hudson opened the Public Hearing.
Lee Dobbins with Dean Mead Attorneys at Law confirmed being sworn in and indicated these were just minor improvements being done and he thanked staff for their patience and help through this process.
Seeing no one else, the Mayor closed the Public Hearing.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Rufus Alexander to approve item 12 d.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
e.
Quasi-Judicial Hearing - Ordinance 18-034 - Review and approval of an application for Major Amendment to a Planned Development by Applicant; LGI Homes, to allow for eight (8) modifications in the subdividsion known as Celebration Point, located at approximately 5501 Peterson Road, Fort Pierce, FL. The property is currently zoned PD, Planned Development. FIRST READING
City Clerk Linda Cox introduced the ordinance, read by title only, into the record.
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; AMENDING THE PLANNED DEVELOPMENT PLAN FOR LOTS 319 THROUGH 610 FOR THE SUBDIVISION KNOWN AS CELEBRATION POINTE GENERALLY LOCATED AT 5501 PETERSON ROAD; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Before commencing this Quasi-Judicial Hearing, Ben Bryan, Jr., Interim City Attorney, asked if anyone wanted him to re-read the verbiage of what a Quasi-Judicial Hearing entails and implies. It was not requested by anyone.
Mayor Hudson called the proceeding to order.
City Clerk, Linda Cox, confirmed the city complied with advertisement and notice requirements.
Mayor Linda Hudson inquired with the Commission regarding ex-parte communications and all indicated they did not recall.
City Clerk, Linda Cox, was asked to swear in those wanting to speak during this Quasi-Judicial hearing. Individuals in the audience intending to speak on this item were asked to stand, raise their right hand, and administered an oath to tell the truth, the whole truth and nothing but the truth. Those that were sworn in were asked to clearly state their name for the record and confirm they were sworn in at such time as they were asked to come forward to testify.
Brandon Creagan, Planning Analyst, indicated this was an application for major amendment to Plan Development is for the subdivision known as Celebration Point located at 5501 Peterson Road.
The applicant is requesting the review and approval of a development review or major modification in planned development as follows:
The Planning Board voted 4-1 to recommend approval of the request as presented. The requested application for development review (Major Amendment) meets the requirements of the City Code specifically section 22-40, Planned Development; therefore, staff recommends that the City Commission approve the request as presented along with Ordinance 18-034.
Mayor Hudson opened the Public Hearing.
Brian Nolan, the applicant’s representative, confirmed he was sworn in. Mr. Nolan presented himself to answer any questions and indicated the applicant was present.
Seeing no one else, the Mayor closed the Public Hearing.
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; AMENDING THE PLANNED DEVELOPMENT PLAN FOR LOTS 319 THROUGH 610 FOR THE SUBDIVISION KNOWN AS CELEBRATION POINTE GENERALLY LOCATED AT 5501 PETERSON ROAD; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Before commencing this Quasi-Judicial Hearing, Ben Bryan, Jr., Interim City Attorney, asked if anyone wanted him to re-read the verbiage of what a Quasi-Judicial Hearing entails and implies. It was not requested by anyone.
Mayor Hudson called the proceeding to order.
City Clerk, Linda Cox, confirmed the city complied with advertisement and notice requirements.
Mayor Linda Hudson inquired with the Commission regarding ex-parte communications and all indicated they did not recall.
City Clerk, Linda Cox, was asked to swear in those wanting to speak during this Quasi-Judicial hearing. Individuals in the audience intending to speak on this item were asked to stand, raise their right hand, and administered an oath to tell the truth, the whole truth and nothing but the truth. Those that were sworn in were asked to clearly state their name for the record and confirm they were sworn in at such time as they were asked to come forward to testify.
Brandon Creagan, Planning Analyst, indicated this was an application for major amendment to Plan Development is for the subdivision known as Celebration Point located at 5501 Peterson Road.
The applicant is requesting the review and approval of a development review or major modification in planned development as follows:
- Replace previously approved pool/clubhouse with clubhouse that comports with Applicant’s desired architectural style and use-specific needs. The proposed clubhouse will serve as a sales office during the period of active real estate sales and at the conclusion of such sales, or at some point as deemed appropriate by the Applicant, the sales office shall be converted to a clubhouse for use by the residents.
- Add mail kiosk at sales/amenity site.
- Revise previously approved villa footprint with a “buildable area” to be contained within the current platted lots; no platting is proposed with this modification.
- Revise previously approved setbacks for all 292 platted villa lots as follows: 20’ front setback for garages, 10’ front setback for façade protrusions; 0’ side setback; 0’ side @ corner setback; 5’ rear setback. It should be noted that the 20’ front setback for garages is intended to provide 20’ of vehicle stacking in all driveways so as to prevent vehicles encroaching into roadside sidewalks.
- Provide for project construction Phasing.
The Planning Board voted 4-1 to recommend approval of the request as presented. The requested application for development review (Major Amendment) meets the requirements of the City Code specifically section 22-40, Planned Development; therefore, staff recommends that the City Commission approve the request as presented along with Ordinance 18-034.
Mayor Hudson opened the Public Hearing.
Brian Nolan, the applicant’s representative, confirmed he was sworn in. Mr. Nolan presented himself to answer any questions and indicated the applicant was present.
Seeing no one else, the Mayor closed the Public Hearing.
Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Reginald Sessions to approve item 12 e.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
13.
CITY COMMISSION
a.
Discussion regarding Jaycee Park policies at the request of Commissioner Sessions
Commissioner Sessions indicated it was brought to his attention by means of a video that members of the Fort Pierce Police Department were exercising intimidation tactics to extract certain individuals out of Jaycee Park while they were there united in a peaceful manner. He asked that City Commission allow these individuals to speak and tell their side of the story.
Ray Williams presented himself before the City Commission and expressed he and a few others were all together at Jaycee Park as a result of the loss of two dear friends who’d recently been shot and succumbed to their injuries on April 27, 2018. Mr. Williams indicated this was their way of bringing a little solace and peace among themselves, but also to raise awareness for the younger generation. He said they brought jet skis and offered free rides, and gave away food and what started as a small affair grew in size. When some within their guests started playing music loudly, they’d ask them to turn it down and were overall peaceful and talking amongst themselves. He said it was very overwhelming to have so many officers there just for them. Mr. Williams said the officers were able to show them things they were doing that, according to the rules, were not allowed, like bringing your own grill and tents and riding jet skis outside of the boundary lines. Commissioner Sessions felt this was selective enforcement because he said there were other times where the same things were going on in other parks, like bringing your own grill, and the rules were not being enforced. Commissioner Johnson agreed. He said he wanted to be fair to all individuals that were at any park and extend the same courtesy to all.
Ray Williams presented himself before the City Commission and expressed he and a few others were all together at Jaycee Park as a result of the loss of two dear friends who’d recently been shot and succumbed to their injuries on April 27, 2018. Mr. Williams indicated this was their way of bringing a little solace and peace among themselves, but also to raise awareness for the younger generation. He said they brought jet skis and offered free rides, and gave away food and what started as a small affair grew in size. When some within their guests started playing music loudly, they’d ask them to turn it down and were overall peaceful and talking amongst themselves. He said it was very overwhelming to have so many officers there just for them. Mr. Williams said the officers were able to show them things they were doing that, according to the rules, were not allowed, like bringing your own grill and tents and riding jet skis outside of the boundary lines. Commissioner Sessions felt this was selective enforcement because he said there were other times where the same things were going on in other parks, like bringing your own grill, and the rules were not being enforced. Commissioner Johnson agreed. He said he wanted to be fair to all individuals that were at any park and extend the same courtesy to all.
b.
Discussion about the SELF and PACE Programs in Saint Lucie County at the request of Commissioner Rufus Alexander.
Commissioner Alexander withdrew this item.
14.
COMMENTS FROM THE PUBLIC
Rick Ross
Roger Burgess
Dottie Stonestreet
Rick Ross
Roger Burgess
Dottie Stonestreet
15.
COMMENTS FROM THE CITY MANAGER
Nicholas Mimms, City Manager, asked Deputy Chief Kenny Norris, to elaborate on the activity that occurred in Jaycee Park. Deputy Chief Norris, indicated they’d gotten word that they were going to have an influx of people in our beaches because of the red and green tide effect and they received calls from neighbors in the area calling about alcohol consumption in the park. As a result, they responded accordingly and thus had many officers in the area. Deputy Chief Norris indicated they believed all parks are inclusive and because of this, they have even had calls from citizens thanking them for their constant visits to all over the city. Regarding the Half-Cent Sales Tax, Mr. Mimms indicated he had routed to the Commission informational packets, as well as a guides with information about our eleven projects. Additionally, city staff will be sending citizens some mailers to alert them of different board opportunities. The third Sunrise Theatre Workshop will be held on September 25, 2018 and a representative from the Sunrise Threatre Foundation and the Advisory Board will be present. In this meeting, a Theatre Director job description will be provided to the City Commission for them to weigh in and this description will be posted during the first week of October 2018. Mr. Mimms and Sunrise Theatre staff met with the Tourism Development Council (TDC) in order to identify grants for capital improvement funding in the theatre and they will be applying for these soon.
Interim City Attorney, Ben Bryan, Jr. had nothing to add.
Interim City Attorney, Ben Bryan, Jr. had nothing to add.
16.
COMMENTS FROM THE COMMISSION
Commissioner Perona expressed his excitement for the Fire Fighters Competition held locally on September 15, 2018. The participants indicated this was one of the largest events they had in a long time and they discussed possibly converting this into a National event, especially with a hotel across the street. Commissioner Perona said Commissioner Dzadovsky worked so hard and he deserved many congratulations.
Commissioner Sessions said he also enjoyed the Fire Fighters Competition. The Cee Cee Lyles Ross event was successful and he believes in New York they not only have symbols of the ones there but also audio recording of calls that came through to 911 on September 11, 2001. He indicated it would be great to have her call from that day along with her statue.
Commissioner Johnson indicated the Fire Fighter Competition’s Opening Ceremony was amazing. Recently, he attended the Customs and Boarder Protection / Global Entry ribbon cutting at our local Treasure Coast International Airport. Global Entry is TSA’s Pre-check and for $100 you can go to the aforementioned airport to apply for the Global Entry program which allows an individual to go through TSA without a hassle and it’s good with any airport. On September 18, 2018 the groundbreaking celebration for the airport’s new entrance and parking lot will occur. Regarding Amendment 14, the Half Cent Sales Tax, he will be meeting with several Home Owners Association to discuss this and inform residents what this entails. There will be a resident education open house for this purpose on Wednesday, September 26, 2018 at the Fenn Center in Fort Pierce, as well as on Thursday, September 27, 2018 in the Port St. Lucie Community Center on Airoso Blvd. in Port St. Lucie.
Commissioner Alexander requested a status update on Avenue D repairs. City Engineer, Jack Andrews, indicated the potholes in the cross walks and the concrete bands were repaired up to elevation. He expects in the next Fiscal Year they’ll go in and resurface Avenue D to bring the road up to the elevation of the cross walks. Furthermore, Mr. Andrews believes Amendment 14 will help with these repairs.
Mayor Hudson closed the meeting speaking about Amendment 1. She indicated while attending the Florida League of Cities Policy Committee meeting the week prior they were educated on this amendment and after giving a few details of what she learned she urged all to seriously consider voting against this amendment and instead voting for Amendment 14.
Commissioner Sessions said he also enjoyed the Fire Fighters Competition. The Cee Cee Lyles Ross event was successful and he believes in New York they not only have symbols of the ones there but also audio recording of calls that came through to 911 on September 11, 2001. He indicated it would be great to have her call from that day along with her statue.
Commissioner Johnson indicated the Fire Fighter Competition’s Opening Ceremony was amazing. Recently, he attended the Customs and Boarder Protection / Global Entry ribbon cutting at our local Treasure Coast International Airport. Global Entry is TSA’s Pre-check and for $100 you can go to the aforementioned airport to apply for the Global Entry program which allows an individual to go through TSA without a hassle and it’s good with any airport. On September 18, 2018 the groundbreaking celebration for the airport’s new entrance and parking lot will occur. Regarding Amendment 14, the Half Cent Sales Tax, he will be meeting with several Home Owners Association to discuss this and inform residents what this entails. There will be a resident education open house for this purpose on Wednesday, September 26, 2018 at the Fenn Center in Fort Pierce, as well as on Thursday, September 27, 2018 in the Port St. Lucie Community Center on Airoso Blvd. in Port St. Lucie.
Commissioner Alexander requested a status update on Avenue D repairs. City Engineer, Jack Andrews, indicated the potholes in the cross walks and the concrete bands were repaired up to elevation. He expects in the next Fiscal Year they’ll go in and resurface Avenue D to bring the road up to the elevation of the cross walks. Furthermore, Mr. Andrews believes Amendment 14 will help with these repairs.
Mayor Hudson closed the meeting speaking about Amendment 1. She indicated while attending the Florida League of Cities Policy Committee meeting the week prior they were educated on this amendment and after giving a few details of what she learned she urged all to seriously consider voting against this amendment and instead voting for Amendment 14.
17.
ADJOURNMENT
The meeting adjourned at 9:53 p.m.
ATTEST:
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CITY CLERK
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MAYOR COMMISSIONER
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