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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, JANUARY 7, 2019.
 
1.
CALL TO ORDER
 
2.
OPENING PRAYER - Father Daniel Daza-Jaller, St. Anastasia Catholic 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 minutes from the December 17, 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

 
b.
Approval of the minutes from the December 6, 2018 Special Meeting and the December 20, 2018 Special Meeting.
 

Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Rufus Alexander to approve item 5 b.

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

Passed

 
6.
PROCLAMATIONS
 
a.
Special Presentation by Mayor Linda Hudson - Key to the City for Benjamin "Buck" Bryan, Jr.
Mayor Hudson presented Benjamin Bryan, Jr., Interim City Attorney, the Key to the City for all his many years of service in St. Lucie County and the City of Fort Pierce, as well as thanked him for the last four months of service as Interim City Attorney.
 
7.
LETTERS TO COMMISSION

The following letters will be kept on file in the City Clerk's Office.
 
a.
Letter received from Richard Pegher expressing appreciation that the City kept the Indian Hills Golf Course, hired a professional maintenance company and hired Danny Visconti as the head professional.
 
b.
Text received by Linda Tapia, a School District employee who works closely with Juan Diego Catholic Mission Church and is dedicated to helping children and their families whose native language may not be English, conveying her admiration and gratitude for the officers with the Fort Pierce Police Department.
 
8.
COMMENTS FROM THE PUBLIC ON AGENDA ITEMS NOT REQUIRING PUBLIC HEARINGS

John Benmoshe spoke on item 11 c.
Vincent Marcellino spoke on item 11d, 11, e and 11 f.
 
9.
ADDITIONS OR DELETIONS TO AGENDA AND APPROVAL OF AGENDA
 

Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona 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.
Main Street Organization's 2018-19 Action Plan Update
Caleta Scott, Lincoln Park Revitalization Coordinator, gave an overview of what a Community-Based Development Organization (CBDO) is, what qualifies them as a CBDO, and what constitutes eligible and ineligible activities.
 
Doris Tillman with Main Street Fort Pierce, indicated there were four points of Main Street and these consisted of design, organization, economic vitality and promotion.  Some restaurants going through difficulty finding help were assisted. Among the several events offered during the 2018-2019 year, included were Coffee with the Mayor, Friday Fest, Art Shows, Ghosts of Ft. Pierce Past Historic Walking Tour, Treasure Coast History Festival, to name a few.  Ms. Tillman also spoke of grants and partnerships they were involved with. The Main Street Focus magazine serves downtown Fort Pierce and advertises new businesses free of charge.
 
Pam Carithers with Lincoln Park Main Street provided the City Commission with the history of the organization and presented the City Commission with the accomplishments from 2017-2018.  Additionally, she touched on the strategic planning, fundraising, board development, Human Resources and community engagement. They helped the community by providing Fair Housing Seminars, Historic Preservation (i.e. Walk Lincoln Park, Lincoln Park Guided Tours).  In their monthly newsletters they provide information on topics like Black History Program with IRSC, Annual Job Fair, Highwaymen Heritage Trail, among others.
 
11.
CONSENT AGENDA
 
a.
Request to reduce code enforcement lien in the amount of $5,540.00 against 2002 West 21st Court, Ft. Pierce, FL  - Parcel ID Number 1433-701-0256-000-4 owned by Eloise Brown, P. O. Box 5755, Takoma Park, MD 20913 to $1,540.00 payable in 30 days.  
 
b.
Request to reduce code enforcement lien in the amount of $52,440.00 against 2108 Barcelona Avenue, Ft. Pierce, FL 34946 - Parcel ID Number 1433-701-0188-000-6 owned by John Howard, 2108 Barcelona Avenue, Ft. Pierce, FL 34946 to $804.72 payable in 60 days.  
 
c.
Request to reduce code enforcement lien in the amount of $32,240.00 against 1208 N 20th St, Ft. Pierce, FL - Parcel ID Number 2404-702-0128-000-4 - owned by John Benmoshe, JBM Properties LLC, 12723 Ashley Falls Dr., San Diego, CA 92130 to $1000.00 payable in 30 days.  
 
d.
Approve waiver of fees in the amount of $2,100.07 associated with lot clearing lien against 503 N 14th St, Ft. Pierce, FL 34950 - Parcel ID Number 2409-503-0014-000-6 previously owned by Serge Camille, 4560 NW 49th Court, Coconut Creek, FL 33073 and currently owned by, Vincent Marcellino, 5625 N.W. Wawan Court, Port St. Lucie, FL 34986 contingent upon payment of $778.37 payable in 30 days.  
 
e.
Approve waiver of fees in the amount of $304.82 associated with lot clearing lien against 503 N 14th St, Ft. Pierce, FL 34950 - Parcel ID Number 2409-503-0014-000-6 previously owned by Serge Camille, 4560 NW 49th Court, Coconut Creek, FL 33073 and currently owned by, Vincent Marcellino, 5625 N.W. Wawan Court, Port St. Lucie, FL 34986 contingent upon payment of $156.77 payable in 30 days.  
 
f.
Approve waiver of fees in the amount of $3,517.84 associated with demolition lien against 503 N 14th St, Ft. Pierce, FL 34950 - Parcel ID Number 2409-503-0014-000-6 previously owned by Serge Camille, 4560 NW 49th Court, Coconut Creek, FL 33073 and currently owned by Vincent Marcellino, 5625 N.W. Wawan Court, Port St. Lucie, FL 34986 contingent upon payment of $2,720.00 payable in 30 days.  
 
g.
Request approval of application of Glotel, Inc. for installation of a new above-ground, 211-gallon diesel tank to be located at 712 Citrus Avenue.
 
h.
Approval of Change Order No. 1 to Waterfront Properties LLC. dba Gator Dredging in the amount of $51,860.00. Pending approval by City Attorney as to form and correctness.
Commissioner Perona pulled item 11 c for discussion.
 

Motion was made by Commissioner Reginald Sessions, seconded by Commissioner Thomas Perona to approve items 11 a, 11 b, 11 d, 11 e, 11 f, 11 g and 11 h.

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

Passed

As to item 11 c, Commissioner Perona indicated this is what the Special Magistrate requests and the Commission appreciates that Mr. Benmoshe is fixing up the property.  He thanked him from coming in from California to be present.
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Rufus Alexander to approve item 11 c.

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

Passed

 
12.
PUBLIC HEARINGS
 
a.
Quasi-Judicial Hearing - Review and approval of an application for a Conditional Use with No New Construction submitted by property owners, Anne Bifulci and Giacomo Paglia, and applicant, Real Estate Expo, to establish a Dwelling Rental, offering lodging for less than six (6) months; with a minimum of one (1) month at 355 S. Ocean Drive #304, Fort Pierce, FL. The property is zoned Hutchinson Island Medium Density Residential Zone (R-4A), Parcel ID: 2401-522-0013-000-4.
Before commencing this Quasi-Judicial Hearing, Pete Sweeney, 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.  
 
Mr. Sweeney indicated 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.
 
Vennis Gilmore, Planning Analyst, indicated this conditional use was to operate a short-term rental offering lodging for less than six months with a minimum of 31 days.  This is located at the northeast section to Hernando Street and Avalon Avenue. All affected City Departments have reviews the proposed Conditional Use and have provided approval with conditions based on compliance with requirements of the City Code.  The Planning Board voted unanimously in favor to recommend approval. Staff recommends the City Commission approve the request with the following conditions:
 
1) The maximum occupancy ensures compliance with City Code Section 8.5-43. - Required space in dwelling units, based upon the size of each unit;
2) Registration of the property manager accessible at all times, to resolve complaints or violations of City Code;
3) Issuance of guide booklets (available from Code Enforcement) for renters regarding local rules and public service resources to minimize conflicts; and
4) The applicant files for and obtains St. Lucie County & City of Fort Pierce Business Tax Licenses within thirty (30) days of Conditional Use approval.
5) Limit no more than two (2) vehicles.
6) Include the City of Fort Pierce Business Tax License number on all advertising.
 
Mayor Hudson opened the Public Hearing.
Nancy Rayborne, the applicant, confirmed she was sworn-in and indicated she manages the property for out-of-country owners.
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 a.

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

Passed

 
b.
Quasi-Judicial Hearing - Review and approval of an application for a Conditional Use with No New Construction submitted by property owner, Rose Smith, and applicant, Coldwell Banker Paradise, to establish a Dwelling Rental, offering lodging for less than six (6) months; with a minimum of one (1) month at 1002 Windward Drive #3101, Fort Pierce, FL. The property is zoned Hutchinson Island Medium Density Residential Zone (R-4A), Parcel ID: 2507-888-0049-000-5.
Pete Sweeney, City Attorney, indicated there was no need to re-read the Quasi-Judicial Hearing proceeding verbiage again since the procedures previously read were relevant for all Quasi-Judicial Hearings taking place tonight.
 
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.
 
Vennis Gilmore, Planning Analyst, indicated this conditional use was to operate a dwelling rental located at 1002 Windward Drive #3101 in Ocean Village.  This property is located in the section Ocean House Condos. All affected City Department have reviewed the proposed Conditional Use and have provided approval with conditions based on compliance with requirements of the City Code.  The Planning Board voted unanimously to recommend approval to the City Commission. Staff recommends that the City Commission approve the request with the following conditions:
 
1) The maximum occupancy ensures compliance with City Code Section 8.5-43. - Required space in dwelling units, based upon the size of each unit;
2) Registration of the property manager accessible at all times, to resolve complaints or violations of City Code;
3) Issuance of guide booklets (available from Code Enforcement) for renters regarding local rules and public service resources to minimize conflicts; and
4) The applicant files for and obtains St. Lucie County & City of Fort Pierce Business Tax Licenses within thirty (30) days of Conditional Use approval.
5) Limit no more than two (2) vehicles.
6) Include the City of Fort Pierce Business Tax License number on all advertising.
 
Mayor Hudson opened the Public Hearing.
Melissa Allison, Property Manager, confirmed she was sworn-in and presented herself to answer any questions.
Seeing no one else, the mayor closed the Public Hearing.
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Jeremiah Johnson to approve with staff conditions.

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

Passed

 
13.
CITY COMMISSION
 
a.
Resolution 19-R01 Supporting Stop Harmful Discharges Act  H.R.6700
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, SUPPORTING REPRESENTATIVE BRIAN J. MAST'S STOP HARMFUL DISCHARGES ACT (H.R. 6700); PROVIDING AN  EFFECTIVE DATE; AND  FOR OTHER PURPOSES.
 
Commissioner Johnson indicated he’d spoken to the Congressman about the house bill and he needs to resubmit it.  He’s looking for the city’s support to find a better way and solutions.
 

Motion was made by Commissioner Jeremiah Johnson, 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

 
b.
Resolution 19-R02 Approving the reappointment of William Nunn and Sheila Bradley to the Housing Authority of Fort Pierce.
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, CERTIFYING THE MAYOR'S REAPPOINTMENT OF SHEILA BRADLEY AND WILLIAM NUNN AS COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY OF FORT PIERCE; PROVIDING FOR AN EFFECTIVE DATE.
 

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

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

Passed

 
c.
Selection of Mayor Pro Tem pursuant to Section 23 of the City Charter which requires the city Commissioners to select one (1) of their number as Mayor Pro Tem at the first regular meeting following January 1.
Commissioner Alexander was selected.
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Reginald Sessions to appoint Commissioner Alexander as Mayor Pro Tem.

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

Passed

 
14.
COMMENTS FROM THE PUBLIC

There were no comments from the public.
 
15.
COMMENTS FROM THE CITY MANAGER
 
a.
City Manager's Report and Purchase Order Report
Nicholas Mimms, City Manager, indicated Lyle Sumek is out of the country and not feeling well, hence, the Strategic Planning session is cancelled and will be rescheduled when more information is available. The redevelopment for the King Plant Site has been advertised and the deadline for proposals was extended to January 23, 2019.  They are looking to have a Special Meeting on February 19, 2019 to short-list the responses.
 
16.
COMMENTS FROM THE COMMISSION
Commissioner Alexander inquired about the repair of Avenue D.  City Engineer, Jack Andrews, indicated repairs have been made to the worst areas, however, they are looking to use the Half Cent Sales Surtax to address the rest of the road.
 
Commissioner Perona is excited about 2019 and with the past successes and accomplishments he’s eager to get to work to make 2019 a better year.  He welcomed new City Attorney, Pete Sweeney.
 
Commissioner Sessions echoed Commissioner Perona’s words in welcoming the new City Attorney.  He feels very confident in Mr. Sweeney’s ability and greatly appreciates his enthusiasm.  He urged citizens with any information about recent shootings in the area to please come forward. 
 
Commissioner Johnson welcomed Mr. Sweeney and looks forward to paving new ways and trails alongside him.  He wished everyone a very happy new year.  He is excited to continue to put his best foot forward this year.
 
Mayor Hudson also welcomed Mr. Sweeney and indicated the past few years have been very successful planning sessions and she feels this year will be no exception.  She was happy kids can participate in the various movies with Movies in The Fort.  There is a Job Fair on January 30, 2019 in the Fenn Center.  The History Fest is taking place on Saturday, January 12, 2019.
 
Commissioner Perona is excited about 2019 and with the past successes and accomplishments he’s eager to get to work to make 2019 a better year.  He welcomed new City Attorney, Pete Sweeney.
 
Commissioner Sessions echoed Commissioner Perona’s words in welcoming the new City Attorney.  He feels very confident in Mr. Sweeney’s ability and greatly appreciates his enthusiasm.  He urged citizens with any information about recent shootings in the area to please come forward. 
 
Commissioner Johnson welcomed Mr. Sweeney and looks forward to paving new ways and trails alongside him.  He wished everyone a very happy new year.  He is excited to continue to put his best foot forward this year.
 
Mayor Hudson also welcomed Mr. Sweeney and indicated the past few years have been very successful planning sessions and she feels this year will be no exception.  She was happy kids can participate in the various movies with Movies in The Fort.  There is a Job Fair on January 30, 2019 in the Fenn Center.  The History Fest is taking place on Saturday, January 12, 2019.
 
17.
ADJOURNMENT

The meeting adjourned at 8:01 p.m.

ATTEST:

____________________________ _________________________________
CITY CLERK
MAYOR COMMISSIONER