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Minutes for City Commission Regular Meeting

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, DECEMBER 17, 2018.
 
1.
CALL TO ORDER
 
2.
OPENING PRAYER - Pastor Hazel Holyman, In the Image of Christ
 
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 minutes from the December 3, 2018 regular meeting.
 

Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to approve item 5 a.

AYE:
Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions

Passed

 
6.
PROCLAMATIONS
No proclamations were issued.
 
7.
LETTERS TO COMMISSION
The following letters will be kept on file in the City Clerk's Office.
 
a.
Email from Dr. Julie Kittams and the staff of Operation S.O.S. thanking Code Compliance Manager Peggy Arraiz for her presentation of the City's Trap/Neuter/Vaccinate/Return (TNVR) program, which is a successful model for zero feral cat growth.
 
b.
Letter from Main Street Fort Pierce thanking the City of Fort Pierce, Public Works and the Police Department for their efforts supporting the Sights and Sounds Parade and keep attendees safe and the event secure.   Special thanks were offered to Sgt. John Schramm, FPPD.
 
8.
COMMENTS FROM THE PUBLIC ON AGENDA ITEMS NOT REQUIRING PUBLIC HEARING
James Simpson spoke on item 10 a.
 
9.
ADDITIONS OR DELETIONS TO AGENDA AND APPROVAL OF AGENDA
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Rufus Alexander to approve the agenda as presented.

AYE:
Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions

Passed

 
10.
MISCELLANEOUS REPORTS
 
a.
Presentation and Options for the Old Dixie Highway Bridge at Taylor Creek which was closed to the public on January 25, 2018 due to structural damage sustained as a result of the damaging effects of Hurricane Irma. 
Kim Graham, St. Lucie County Engineer, and Mike Middlebrook with the St. Lucie County Enviornmental Resources Department, gave a brief history of the bridge. Hurricane Irma impacted the infrastructure of the bridge.  The bridge was built long ago and, thus, did not meet today’s infrastructure standards.  This was the culprit of its deterioration and the damage incurred.  Four repair options were presented and the pros and cons of each were discussed among the City Commission along with the possibility of funding options.  By consensus, the Commission opted for option #3.
 
b.
Fort Pierce Utilities Authority Quarterly Status Report by John Tompeck, Utilities Director
John Tompeck, FPUA Director, provided a quarterly update as requested by the City Commission in the last City Commission Regular Meeting.
 
11.
CONSENT AGENDA
 
a.
Request approval to award General Services Continuing Contracts with the two (2) firms, S & ME and NZ Consultants, on a project by project basis, ranked highest as a result of RFQ 2018-054.
 
b.
Notification of a Minor Amendment to the Planned Development Site Plan for the KOA Campground owned and operated by S. R. Bacher Enterprises, LLC located 3180 S Jenkins Rd, Fort Pierce, FL.  
 
c.
Request approval of Kimley-Horn & Associates, Inc. Specific Authorization No. 6 in an amount not to exceed $65,916 to provide professional engineering services relating to the rehabilitation of the Citrus Avenue bridge.
 
d.
Approve Letter of Support for International Conservation Program via Sister Cities International 
 
e.
Approval of Employment Agreement with Peter J. Sweeney for full time legal services as the City Attorney for the City of Fort Pierce.
Commissioner Perona and Commissioner Johnson pulled item 11 e for discussion.
 

Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to approve items 11 a through 11 d.

AYE:
Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions

Passed

Commissioner Perona and Commissioner Johnson wanted to make sure there would be an overlap between our current Interim City Attorney and the new City Attorney so that Mr. Sweeney can have a briefing of where Mr. Bryan left off with his duties.  Mr. Mimms indicated there would be an overlap of a day to get him up to speed.

 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Reginald Sessions to extend the Interim City Attorney's contract until January 7, 2019.

AYE:
Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions

Passed

 

Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to approve item 11 e.

AYE:
Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions

Passed

 
12.
PUBLIC HEARINGS
 
a.
Presentation and Public Hearing of 2017-2018 Consolidated Annual Performance Evaluation Report (CAPER).
Elizabeth “Libby” Woodruff, Grants Administrator, and Caleta Scott, Lincoln Park Revitalization Coordinator, presented a recap of what was accomplished during the 2017-2018 Program Year for the Consolidated Annual Performance Evaluation Report (CAPER).  An update was provided about new home owners and homes that have been rehabilitated. The first Business Expo was this year and small businesses were also supported through tourism promotions.  Our third annual job fair took place in January.  Many activities were arranged for our youth. Local artists have gotten involved to paint murals around our city.  The community garden is currently progressing and on the way to achieving the long-term goal of alleviating our food dessert.

Mayor Hudson opened the Public Hearing.  
Seeing no one, the Mayor closed the Public Hearing.
 
b.
Legislative Hearing - Ordinance 18-042 Amending Chapter 13; Changing the Retirement vesting period from 10 years to 5 years for the Fort Pierce Utilities Authority, correcting Scrivener's error in Ordinance 18-037, adopted by Commission November 5, 2018.  SECOND READING
City Clerk Linda Cox introduced the ordinance, read by title only, into the record.  

ORDINANCE NO. 18-042 - AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA AMENDING CODE SECTION 13-40; DECREASING CREDIT SERVICE REQUIREMENT FOR UTILITIES AUTHORITY COVERAGE PLAN; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; 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 Thomas Perona, seconded by Commissioner Jeremiah Johnson to approve item 12 b.

AYE:
Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions

Passed

 
c.
Quasi-Judicial Hearing - Application submitted by Donald Noble to operate a food truck (“Fork It Over”) at 1907 Avenue D, Fort Pierce.  Said use requires a Waiver of Distance, Sec. 9-111(b)(1) and (2) to operate within 500 feet from a similar type of business and 300 feet from a church.
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; no one had. 
 
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.
 
Miriam Garcia, Deputy City Clerk, presented the City Commission with the distance requirements of a mobile food unit from other businesses, parks, churches and schools.  Fork It Over was approved last year to operate for the duration of one-year.  Since the location continues to fall outside of the distance parameters listed, a waiver of distance is required in order for Mr. Noble to continue to operate.
 
Mayor Hudson opened the Public Hearing.
Candace Brown indicated there were still issues with the construction of the building where the food truck’s business is supposed to move into.
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 c.

AYE:
Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions

Passed

 
d.
Quasi-Judicial Hearing - Review and approval of an application for Conditional Use with New Construction & Design Review, submitted by Property Owners, Lesley Phillips & Abdel Jebbar Elbakkari, & Applicant, RG Towers LLC, to construct and operate a One Hundred & Thirty (130) foot Stealth Slim Pole Telecommunications Tower, located at 2006 Orange Avenue, Fort Pierce, FL.  The property is zoned General Commercial (C-3) Parcel ID: 2409-605-0008-000-4
Mayor Hudson indicated the Quasi-Judicial Hearing procedures that Mr. Bryan, Interim City Attorney, read before still applied.
 
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; all five members had ex-parte communications.
 
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, presented the Conditional Use with New Construction & Design Review application to the City Commission giving visuals by means of the site plan and design, as well as the landscaping plan.  Examples of the public art were also given.  The Planning Board voted 5-2 to recommend approval of the request as presented.  Staff recommends that the City Commission approve the Conditional Use with New Construction & Design Review with the following conditions:
  1. The applicant sign the City’s Mural Agreement & coordinate with the Grants Administration Division regarding their mural program for the proposed public art space on a 6 foot concrete wall and that the landscaping be adjusted in regards to the concrete wall versus the wooden fence.
  2. The applicant donate $25,000 for the cost associated with the installation & engineering for a bus shelter at 15th Street  & Orange Avenue.
  3. The applicant donate $4,231.56 for the cost, shipping, & taxes for a bike rack and a bike “fix it” station.
Mayor Hudson opened the Public Hearing.
The applicants, Scott Richards, CEO of RG Towers and Holly Valdez, Vice President of Leasing and Operations with RG Towers, both confirmed being sworn in and indicated the differences between the first time they came before the City Commission regarding this tower, and the options presented this time around.
DJ Ferguson confirmed she was sworn in and indicated she and her mother are in opposition.
Abdel Jebbar Elbakkari confirmed he was sworn in and is in favor.
Walliad Mustafa confirmed he was sworn in and is in favor.
Paul Schall confirmed he was sworn in and is in favor.
Scott Richards came back to the podium and, taking into consideration the prior comments, stated the benefits of having the towers.
Seeing no one else, the Mayor closed the Public Hearing.

The Commission discussed the staff recommended conditions at length.
 

Motion was made by Commissioner Reginald Sessions, seconded by Commissioner Thomas Perona to approve item 12 d with the following conditions:

1. The applicant install a 6-foot wooden fence with appropriate landscape; and
2. That the applicant does one of the following:

a. makes a $10,000 capital contribution to the city
b. OR donates $25,000 for the cost associated with the installation & engineering for a bus shelter at 15th Street and Orange Avenue and donates $4,231.56 for the cost, shipping, taxes for a bike rack and a bike “fix it” station for a total of $29,231.56.

AYE:
Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions

Passed

 
e.
Resolution No. 18-R62 and Quasi-Judicial Hearing – A hearing to allow the owners and/or parties of interest in the property identified as 1705 N 27th Street to show cause why the structure located on the premises should not be condemned and demolished.
City Clerk Linda Cox introduced the resolution, read by title only, into the record.
 
RESOLUTION NO. 18-R62 -  A RESOLUTION DETERMINING THAT A CERTAIN BUILDING OR STRUCTURE LOCATED AT 1705 N 27TH ST IN FORT PIERCE, FLORIDA IS UNSAFE AND A NUISANCE THAT CONSTITUTES A MENACE TO THE BUSINESS, HEALTH AND SAFETY OF THE COMMUNITY; AND THAT SAID BUILDING OR STRUCTURE SHALL BE CONDEMNED AND DEMOLISHED; DECLARING THE PARTIES OF INTEREST WERE PROVIDED THE OPPORTUNITY TO BE HEARD AND ARE RESPONSIBLE FOR THE REMOVAL OF THE BUILDING OR STRUCTURE; AND ORDERING THE CITY OF FORT PIERCE TO AFFECT SUCH REMOVAL AND PLACE A LIEN UPON THE PROPERTY IDENTIFIED IF COMPLETED BY THE CITY OF FORT PIERCE; PROVIDING FOR APPEAL;  PROVIDING FOR NOTICE TO ALL PARTIES; AND PROVIDING FOR AN EFFECTIVE DATE
 
Mayor Hudson indicated the Quasi-Judicial Hearing procedures that Mr. Bryan, Interim City Attorney, read before still applied.
 
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; no one had.
 
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.
 
Peggy Arraiz, Code Enforcement Manager, gave a history of the property.  There were promises from the property owner indicating they’d repair the property but no building permits were ever pulled.  There is a lien on the property and numerous code violations.  The Notice of Unsafe Building was sent certified mail; it was returned unclaimed. Pictures of how the structure’s condition is as of today were also presented as evidence to the City Commission.  A title search was requested on 11/19/2018 and on 12/5/2018 and the results have yet to be received.
 
Mayor Hudson opened the Public Hearing.
Jeanne Arias confirmed she was sworn in.  Ms. Arias had no ties to this property but was opposed to the demolition.
Seeing no one else, the Mayor closed the Public Hearing. 
 
Because a title search has not been produced yet, the City Commission felt it was premature to proceed with demolition.
 

Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Reginald Sessions to table the decision of this possible demolition until the March 4, 2019 Regular Meeting.

AYE:
Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions

Passed

 
13.
CITY COMMISSION
 
a.
Resolution No 18-R63 Supporting the Lincoln Theater restoration. 
City Clerk Linda Cox introduced the resolution, read by title only, into the record.
 
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, IN SUPPORT OF THE MARTIN LUTHER KING, JR. COMMEMORATIVE COMMITTEE, INC. OF ST. LUCIE COUNTY, FLORIDA, IN ITS INITIATIVE TO RENOVATE AND DEVELOP THE LINCOLN THEATER; PROVIDING FOR ASSISTANCE TO THE COMMITTEE TO FURTHER ITS EFFORTS; PROVIDING FOR  SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
 

Motion was made by Commissioner Reginald Sessions, seconded by Commissioner Rufus Alexander to approve item 13 a.

AYE:
Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions

Passed

 
14.
COMMENTS FROM THE PUBLIC
Paul Schall
 
15.
COMMENTS FROM THE CITY MANAGER

Nicholas Mimms, City Manager, reminded the City Commission that Lyle Sumek had phone interviews scheduled with each member of the City Commission on December 18, 2018 and December 19, 2018 to discuss the Strategic Plan for The City of Fort Pierce and the background questions were distributed to each of them already in preparation for these telephone conferences.

 
16.
COMMENTS FROM THE COMMISSION
Commissioner Alexander wished everyone a Merry Christmas.
 
Commissioner Perona indicated he was excited about all the new projects for the city and he was happy about our reaching out to corresponding municipal parties, however, he did want to improve upon those relationships in order to solidify the plans ahead and make decisions congruently.  He wished all a happy and safe holiday with their loved ones.
 
Commissioner Sessions commented on the passing of Margaret Benton and indicated she would be missed.
 
Commissioner Johnson was present for several St. Lucie County School District events and he was happy to see all the new technology that is readily available for students to use and how it’s boosting their education which he sees, in the long-term, will benefit our community by continuing to produce productive citizens and creating a solid work force.  St. Lucie County brought forth to the Treasure Coast Regional Planning Council (TCRPC) a Comp Plan Amendment having to do with the EAR Report allowing charter schools to be built outside of the urban services boundary.  It was decided no charter schools will be built in the City of Fort Pierce and this troubled him.
 
Mayor Hudson indicated Coffee with the Mayor on Friday will be sponsored by The Crossings Community Church.  Friday night is Sounds of the Seasons at the Sunrise Theatre and the Children’s Services Council is promoting this event.  She wished all the citizens and staff a Merry Christmas and Happy New Year.
 
17.
ADJOURNMENT
The meeting adjourned at 10:24 p.m.
ATTEST:

____________________________ _________________________________
CITY CLERK
MAYOR COMMISSIONER