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 TUESDAY, FEBRUARY 19, 2019.
1.
CALL TO ORDER
The meeting was called to order at 6:31 p.m.
The meeting was called to order at 6:31 p.m.
2.
OPENING PRAYER
3.
PLEDGE OF ALLEGIANCE
4.
ROLL CALL
- Present:
- Mayor Linda Hudson; Commissioner Rufus Alexander; Commissioner Jeremiah Johnson
- Absent:
- Commissioner Thomas Perona; Commissioner Reginald Sessions
- Staff Present:
-
- City Clerk Linda Cox
- City Manager Nicholas Mimms
- City Attorney Peter Sweeney
Commissioner Perona had advised he would not be present for this meeting.
Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Jeremiah Johnson to excuse Commissioner Perona from this meeting.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson
Passed
Commissioner Reginald Sessions arrived at 6:35 p.m.
5.
APPROVAL OF MINUTES
a.
Approval of the minutes for the February 4, 2019 Regular Meeting.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Rufus Alexander to approve item 5 a.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson
Passed
6.
PROCLAMATIONS
No Proclamations were issued.
No Proclamations were issued.
7.
LETTERS TO COMMISSION
The following letters will be kept on file in the City Clerk's Office.
The following letters will be kept on file in the City Clerk's Office.
a.
Email from Joanne Albarelli commending Karen Murphy, Executive Assistant, Building Department, for outstanding professional customer service; she is a wonderful and positive representative for our City.
8.
COMMENTS FROM THE PUBLIC ON AGENDA ITEMS NOT REQUIRING PUBLIC HEARINGS
Tim Stashis spoke on item 10 a.
Tiffany Graves spoke on item 10 a.
Rod Roman spoke on item 10 a.
Kathy Norton spoke on item 10 a.
Janice Douglas spoke on item 10 a.
Susan Parry spoke on item 10 a.
Anna Noyse spoke on item 10 a.
Lori Boettger spoke on item 10 a.
Marie Pyne spoke on item 10 a.
Terri Walden spoke on item 10 a.
Suzanne Pyne spoke on item 10 a.
Charlene Crowe spoke on item 10 a.
Tiffany Graves spoke on item 10 a.
Rod Roman spoke on item 10 a.
Kathy Norton spoke on item 10 a.
Janice Douglas spoke on item 10 a.
Susan Parry spoke on item 10 a.
Anna Noyse spoke on item 10 a.
Lori Boettger spoke on item 10 a.
Marie Pyne spoke on item 10 a.
Terri Walden spoke on item 10 a.
Suzanne Pyne spoke on item 10 a.
Charlene Crowe spoke on item 10 a.
9.
ADDITIONS OR DELETIONS TO AGENDA AND APPROVAL OF AGENDA
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Reginald Sessions to approve the agenda as presented.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Reginald Sessions
Passed
10.
MISCELLANEOUS REPORTS
a.
Update on status of negotiations with the Humane Society of St. Lucie County
Peggy Arraiz, Code Enforcement Manager, indicated they’ve experienced much resistance from the Humane Society as far as their approach with the animals. The Board of Directors is self-appointed because they are a non-profit organization. The City Commission indicated they were in a hard place because, while they didn’t have an actual say in the organization, they do fund it and they did not want to cut the funding because this would not benefit the animals. They felt they should have more say in what was going on since they did have a say as to the lease. Ms. Arraiz indicated she’d get together with City Attorney, Pete Sweeney, in an effort to review the lease and its stipulations. Mayor Hudson felt we need to work closely with our partners in government to come to a solution for the animals. Nicholas Mimms, City Manager, reminded the Commission that they are in the midst of negotiations and he believes they should collaborate in a comprehensive manner with the County who is ultimately responsible, in order to come up with solutions. Whatever we do, we will do as a unit to provide a positive outcome. This being said, he indicated they’d ensure the Humane Society is staffed adequately in order to serve our animals and families in our community; if they were not, that would mean they were in breach of contract. Mr. Mimms assured the City Commission city staff would continue to follow-up.
11.
CONSENT AGENDA
a.
Approval of the assignment of Lease Agreement for Little Jim's Bait and Tackle, Inc. from Richard and Rita King to Diego Larroude and Donna Qvarnstom-Burke under the same terms and conditions of the existing lease with an expiration date of April 30, 2025.
b.
Approval of the installation of one (1) UL-2085 rated 20,000 gallon diesel fuel above-ground tank, to be located at 3711 Crossroads Parkway.
c.
Approval and acceptance of FEMA Hazard Mitigation Grant agreement for the construction of the 17th Street (Orange Avenue to Avenue D) drainage improvement project in the amount of $856,198.
d.
Approval of Change Order No. 6 to Lynch Paving and Construction Company in an amount not to exceed $1,017,583.85 for Surfside Drainage Improvements (pending approval by City Attorney of form and correctness).
e.
Approval of a $421,910.00 construction contract issued to Johnson-Davis, Inc. as required for emergency construction restoration of a portion of Edwards Road Canal (Canal No. 9) situated between Oleander Avenue and Sunrise Boulevard.
f.
Approval of Specific Authorization No. 6 in an amount not to exceed $11,120.00 (reimbursed by USDA NRCS) for professional engineering services relating to modifications to the original engineering design of Canal No. 9.
g.
Approve waiver of fees in the amount of $564.64 associated with lot clearing lien against 1218 Avenue I, Fort Pierce, FL 34950, Parcel ID #2404-804-0013-000-8 previously owned by Evelia Rolle & Maurice Jelks, 1218 Avenue I, Fort Pierce, FL 34950 and currently owned by Lazatha Murphy, 3403 Avenue P, Fort Pierce, FL 34947 contingent upon payment of $540.00 payable in 30 days. Please note, applicant is requesting a waiver of all fees, including hard costs.
h.
Approve waiver of fees in the amount of $283.60 associated with lot clearing lien against 1218 Avenue I, Fort Pierce, FL 34950, Parcel ID #2404-804-0013-000-8 previously owned by Evelia Rolle & Maurice Jelks, 1218 Avenue I, Fort Pierce, FL 34950 and currently owned by Lazatha Murphy, 3403 Avenue P, Fort Pierce, FL 34947 contingent upon payment of $800.00 payable in 30 days. Please note, applicant is requesting a waiver of all fees, including hard costs
Commissioner Johnson indicated he did not wish to pull any items but wanted to know if there was a payment plan in place for item G and H. Linda Cox, City Clerk, indicated there was by reading the contingency stated on the item number.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Reginald Sessions to approve items 11 a through 11 h.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Reginald Sessions
Passed
12.
PUBLIC HEARINGS
a.
Quasi-Judicial Hearing - Review and approval of an applicaiton for a Conditional Use with New Construction submitted by property owner/applicant, Steve Tarr (TR), for construction seaward of the Coastal Construction Control Line (CCCL) for an exterior staircase to the prinicpal structure and a dune crossover with deck, located at 316 S. Ocean Drive. The property is zoned Hutchinson Island Medium Residential (R4A), Parcel ID 2401-501-0022-000-5.
Mayor Hudson asked all present to listen carefully to what City Attorney, Peter Sweeney, would read regarding Quasi-Judicial Hearing procedures so that he did not have to re-read it for subsequent Quasi-Judicial Hearings tonight.
Before commencing this Quasi-Judicial Hearing, Peter 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 additionally confirmed that there are no party interveners in this matter. 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; Commissioner Johnson had an email conversation.
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.
Rebecca Grohall, Planning Director, indicated this is an erosion control matter for everyone on the Atlantic Coast and ensures the beach, and more importantly, the dune is not negatively impacted by the proposed constructions. All affected City Departments 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 in favor to recommend approval with staff conditions. Additionally, staff recommends that the City Commission approve the request with the following conditions:
Mayor Hudson opened the Public Hearing.
Steve Tarr indicated he has nothing to add but was present to answer questions.
Seeing no one else, the Mayor closed the Public Hearing.
Before commencing this Quasi-Judicial Hearing, Peter 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 additionally confirmed that there are no party interveners in this matter. 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; Commissioner Johnson had an email conversation.
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.
Rebecca Grohall, Planning Director, indicated this is an erosion control matter for everyone on the Atlantic Coast and ensures the beach, and more importantly, the dune is not negatively impacted by the proposed constructions. All affected City Departments 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 in favor to recommend approval with staff conditions. Additionally, staff recommends that the City Commission approve the request with the following conditions:
- The segment of the proposed dune cross-over extending into the perpetual construction easement, contained in Resolution No. 98-016, as recorded in OR Book 1154, Pages 1351-1360, is approved by the St. Lucie County Erosion District in accordance with the requirements of said easement or is eliminated, prior to issuance of a building permit by the City of Fort Pierce. The contact information for St. Lucie County Erosion District is: Joshua Revord, P.E., Coastal Engineer St. Lucie County Erosion District - (772) 462-1269 / RevordJ@stlucieco.org.
- The proposed observation deck (12ft. by 12ft. – Future) will not be located the perpetual construction easement contained in Resolution No. 98-016, as recorded in OR Book 1154, Pages 1351-1360, with the construction drawings and DEP permit updated accordingly.
- The work is completed in compliance with DEP rules for dune construction, and in accordance with sea turtle compliant lighting (Sec 5-375 if lighting is to be used).
Mayor Hudson opened the Public Hearing.
Steve Tarr indicated he has nothing to add but was present to answer questions.
Seeing no one else, the Mayor closed the Public Hearing.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Reginald Sessions to approve item 12 a.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Reginald Sessions
Passed
b.
Quasi-Judicial Hearing - Review and approval of an application for Conditional Use with no new construction submitted by property owner, Hoyt C Murphy Inc., Benson Family Partnership, and applicant Rodolfo Diaz, to establish Child Day Care Facility at 810 S 6th Street, Fort Pierce, FL. The property is zoned General Commercial (C-3), Parcel ID: 2415-601-0456-000-6.
Mayor Hudson indicated the Quasi-Judicial proceedings remained in effect and Mr. Sweeney had already read what these proceedings were.
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; only Mayor Hudson 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.
Maria Lewica, Historic Preservation Officer, indicated the applicant is asking for approval of a Conditional Use in order to accommodate the Little Scholars Academy, a day care facility for children ranging from 12 months to 5 years old. The facility will have five (5) classrooms. Maximum number of children allowed per DCF is 58. The children drop-off will begin at 6:30 a.m. and pick up will end promptly at 6:30 p.m. The only change to the site plan will be an addition of a playground for the proposed day care facility that would require elimination of three parking spaces, fencing, and additional signage. The Technical Review Committee reviewed the request for a Conditional Use. All comments were acknowledged by the applicant. The Planning Board voted unanimously, to recommend approval of the requested Conditional Use with the following conditions:
1. Comply with City Code Section 22-60. Off-street parking and loading (j) Lighting (1)a. Applicant to provide the lighting plan with a minimum average of two (2) footcandles.
The Planning Board recommended approval with the second condition:
2. Install at least two (2) additional speed bumps on the property and add additional safety signage.
Mayor Hudson opened the Public Hearing.
Hoyt C. Murphy, Jr. confirmed he was sworn-in. He answered questions regarding the dumpster and speed bumps.
Jack Andrews, City Engineer, was sworn-in. He said they can look at the striping and make sure it’s done satisfactorily.
Seeing no one else, the Mayor closed the Public Hearing.
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; only Mayor Hudson 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.
Maria Lewica, Historic Preservation Officer, indicated the applicant is asking for approval of a Conditional Use in order to accommodate the Little Scholars Academy, a day care facility for children ranging from 12 months to 5 years old. The facility will have five (5) classrooms. Maximum number of children allowed per DCF is 58. The children drop-off will begin at 6:30 a.m. and pick up will end promptly at 6:30 p.m. The only change to the site plan will be an addition of a playground for the proposed day care facility that would require elimination of three parking spaces, fencing, and additional signage. The Technical Review Committee reviewed the request for a Conditional Use. All comments were acknowledged by the applicant. The Planning Board voted unanimously, to recommend approval of the requested Conditional Use with the following conditions:
- Install at least two (2) additional speed bumps on the property and add additional safety signage.
- Comply with City Code Section 22-60. Off-street parking and loading (j) Lighting (1)a. Please provide the lighting plan with a minimum average of two (2) footcandles.
1. Comply with City Code Section 22-60. Off-street parking and loading (j) Lighting (1)a. Applicant to provide the lighting plan with a minimum average of two (2) footcandles.
The Planning Board recommended approval with the second condition:
2. Install at least two (2) additional speed bumps on the property and add additional safety signage.
Mayor Hudson opened the Public Hearing.
Hoyt C. Murphy, Jr. confirmed he was sworn-in. He answered questions regarding the dumpster and speed bumps.
Jack Andrews, City Engineer, was sworn-in. He said they can look at the striping and make sure it’s done satisfactorily.
Seeing no one else, the Mayor closed the Public Hearing.
Motion was made by Commissioner Reginald Sessions, seconded by Commissioner Jeremiah Johnson to approve item 12 b with the Planning Board and staff's conditions.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Reginald Sessions
Passed
c.
Quasi-Judicial Hearing - Review and approval of an application for Conditional Use with No New Construction submitted by property owner Kimberly Jones, to operate a dwelling rental for more than 31 days, but less than 6 months at 355 S. Ocean Drive Apt. 601 in Fort Pierce, FL. The property is zoned Hutchinson Island Medium Density Residential (R4-A) Parcel ID: 2401-522-0023-000-7.
Mayor Hudson indicated the Quasi-Judicial proceedings remained in effect and Mr. Sweeney had already read what these proceedings were.
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 was a Conditional Use application for a Dwelling Rental for more than 30 days at the Avalon Beach Club Condominiums. The proposed zoning designation would be Hutchinson Island Residential (HIR). This designation is intended for parcels that are best suited for residential development on Hutchinson Island. This Future Land Use category allows single-family detached and attached units, duplexes and multifamily residences at densities ranging up to eight dwelling units per acre. All affected city departments 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 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 2 vehicles.
6) Include the City of Fort Pierce Business Tax License number on all advertising.
Mayor Hudson opened the Public Hearing.
Kimberly Jones, the applicant, confirmed she was sworn-in and presented herself to answer any questions.
Seeing no one else, the Mayor closed the Public Hearing.
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 was a Conditional Use application for a Dwelling Rental for more than 30 days at the Avalon Beach Club Condominiums. The proposed zoning designation would be Hutchinson Island Residential (HIR). This designation is intended for parcels that are best suited for residential development on Hutchinson Island. This Future Land Use category allows single-family detached and attached units, duplexes and multifamily residences at densities ranging up to eight dwelling units per acre. All affected city departments 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 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 2 vehicles.
6) Include the City of Fort Pierce Business Tax License number on all advertising.
Mayor Hudson opened the Public Hearing.
Kimberly Jones, the applicant, 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 Jeremiah Johnson, seconded by Commissioner Rufus Alexander to approve item 12 c with staff conditions.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Reginald Sessions
Passed
d.
Quasi-Judicial Hearing - Review and approval of an application for Conditional Use with No Construction submitted by Property Owners, H. & S. Citrus Inc., Applicant, We Buy Scrap, & Representative, Jim Frogner of Frogner Consulting, LLC, to operate a metal recycling facility, located at 3340 Enterprise Road & 1237 Grose Road in Fort Pierce, FL. The property is zoned Light Industrial (I-1) Parcel ID: 2428-502-0035-000-5 & 2426-502-0033-000-1
Mayor Hudson indicated the Quasi-Judicial proceedings remained in effect and Mr. Sweeney had already read what these proceedings were.
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.
Brandon Creagan, Planning Analyst, indicated this was a Conditional Use Application with No New Construction. The Future Land Use would be I-Industrial. The applicant has proposed this project to be developed in three stages. The Planning Board voted unanimously to recommend approval of the request as presented. Staff recommends that the City Commission approve the Conditional Use with No New Construction with the following conditions:
Mayor Hudson opened the Public Hearing.
Jim Frogner, the applicant, confirmed he was sworn-in. He answered questions about the hours of operation.
Eric Helms, the owner, was sworn-in. He indicated State Law limits them to buying metal from the public from 7 a.m. to 5 p.m. He would, however, like extended hours to sort metals, clean and perform other duties after 5 p.m. He pecified all work would take place within the confines of the building without contact with the public.
Jim Frogner spoke again about unloading trucks, storage and the improvements made to the property.
Seeing no one else, the Mayor closed the Public Hearing.
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.
Brandon Creagan, Planning Analyst, indicated this was a Conditional Use Application with No New Construction. The Future Land Use would be I-Industrial. The applicant has proposed this project to be developed in three stages. The Planning Board voted unanimously to recommend approval of the request as presented. Staff recommends that the City Commission approve the Conditional Use with No New Construction with the following conditions:
- A Landscape Plan that demonstrates compliance with City Code 22-187 will be required at the time of Building Permit.
- A Lighting Plan or Photometric Survey that demonstrates compliance with City Code 22-60 (j)(1)(a) will be required at the time of Building Permit.
- A Unity of Title or parcel combination will be required prior to submission of the building permit.
- The facility confines operational hours to Monday through Saturday, 7:00am to 5:00pm.
- No melting or burning of any materials will take place on site.
- All storage of recycling materials must be contained in the buildings on site, no outdoor storage.
- All site drainage must be implemented with phase 1 of the project as well as submittal of the application with St. Lucie County for roadway abandonment of Grose Road and landscaping improvements on Enterprise Road must be completed in phase 1. Grose Road common area improvements are to be completed upon successful completion of the abandonment from St. Lucie County.
Mayor Hudson opened the Public Hearing.
Jim Frogner, the applicant, confirmed he was sworn-in. He answered questions about the hours of operation.
Eric Helms, the owner, was sworn-in. He indicated State Law limits them to buying metal from the public from 7 a.m. to 5 p.m. He would, however, like extended hours to sort metals, clean and perform other duties after 5 p.m. He pecified all work would take place within the confines of the building without contact with the public.
Jim Frogner spoke again about unloading trucks, storage and the improvements made to the property.
Seeing no one else, the Mayor closed the Public Hearing.
Motion was made by Commissioner Reginald Sessions, seconded by Commissioner Jeremiah Johnson to approve item 12 d with staff conditions and an extension of hours from 7 a.m. to 7 p.m.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Reginald Sessions
Passed
13.
CITY COMMISSION
a.
Applications seeking appointment to the Communitywide Council
Linda Cox, City Clerk, indicated the applicants’ names would come back to the City Commission in the next meeting in the form of a resolution after their vote.
b.
Resolution No. 19-R06 establishing an Infrastructure Surtax Citizen Oversight Committee as per the requirements specified in City of Fort Pierce Resolution No. 18-R15 and the half-cent sales surtax ballot language approved by the citizens of St. Lucie County.
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, ESTABLISHING THE INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT COMMITTEE; ESTABLISHING THE MEMBERSHIP OF THE OVERSIGHT COMMITTEE; ESTABLISHING THE RESPONSIBILITIES AND DUTIES OF THE OVERSIGHT COMMITTEE; ESTABLISHING PROCEDURES FOR THE CONDUCT OF MEETINGS AND OPERATIONS; ESTABLISHING A SUNSET DATE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES
City Engineer, Jack Andrews, indicated this is to initiate an Oversight Committee which was mandated by the approved Surtax Referendum. This committee will keep the Commission updated on projects to make sure the city is in alignment with all the requirements for the surtax. This resolution establishes the committee. Mr. Andrews clarified the committee will not choose projects, it will simply be an informational committee for the City Commission. They will also look at the expenditures to ensure what the City Commission chose to spend the money on is exactly what was done.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, ESTABLISHING THE INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT COMMITTEE; ESTABLISHING THE MEMBERSHIP OF THE OVERSIGHT COMMITTEE; ESTABLISHING THE RESPONSIBILITIES AND DUTIES OF THE OVERSIGHT COMMITTEE; ESTABLISHING PROCEDURES FOR THE CONDUCT OF MEETINGS AND OPERATIONS; ESTABLISHING A SUNSET DATE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES
City Engineer, Jack Andrews, indicated this is to initiate an Oversight Committee which was mandated by the approved Surtax Referendum. This committee will keep the Commission updated on projects to make sure the city is in alignment with all the requirements for the surtax. This resolution establishes the committee. Mr. Andrews clarified the committee will not choose projects, it will simply be an informational committee for the City Commission. They will also look at the expenditures to ensure what the City Commission chose to spend the money on is exactly what was done.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Rufus Alexander to approve Resolution 19-R06 with no alternate.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Reginald Sessions
Passed
14.
COMMENTS FROM THE PUBLIC
Jane Rowley
Mario Wilcox
Susan Parry
Jane Rowley
Mario Wilcox
Susan Parry
15.
COMMENTS FROM THE CITY MANAGER
City Manager, Nicholas Mimms, asked the City Engineer to give an update on Avenue M. Consequently, Jack Andrews explained he'd had a meeting with FPUA regarding Avenue M. The reason why the avenue is not restriped is because there is still work that needs to be done and so there will be temporary striping so as to not waste money unnecessarily and have to restripe again after the work is completed.
Mr. Mimms indicated the State of the City Address was a success and everyone left with a positive feeling about our beautiful city. On February 19, 2019 our Procurement Division mailed letters to four respondents of the RFP for the FPRA bid. The Fish and Wildlife Commission (FWC) was forwarded a letter notifying them that we objected to any amendment regarding to the prohibition for motorized vessels at the Moore’s Creek boat ramp. They are no longer considering this as an action per their letter received on February 19, 2019. On February 16, 2019 we had our first 5k Peacock Dash. Later that day was the Highwaymen Festival and there were many activities for all that attended. On Friday, February 22, 2019 the Information Technology Department will commence the migration process for our equipment which will hopefully solve the technological difficulties we have been experiencing. On March 1st, Mr. Mimms will be meeting with members of the Martin Luther King Commemorative Committee with the objective to work with them in identifying funding to revitalize the Lincoln Park Theatre. Regarding the Sunrise Theatre, we are moving in a different direction and we will be using a Performing Arts Venue Company. They will act as our consultants regarding budget, fundraising, structure of the theatre, etc. in order to craft an RFP to hire a Theatre Director.
Mr. Mimms indicated the State of the City Address was a success and everyone left with a positive feeling about our beautiful city. On February 19, 2019 our Procurement Division mailed letters to four respondents of the RFP for the FPRA bid. The Fish and Wildlife Commission (FWC) was forwarded a letter notifying them that we objected to any amendment regarding to the prohibition for motorized vessels at the Moore’s Creek boat ramp. They are no longer considering this as an action per their letter received on February 19, 2019. On February 16, 2019 we had our first 5k Peacock Dash. Later that day was the Highwaymen Festival and there were many activities for all that attended. On Friday, February 22, 2019 the Information Technology Department will commence the migration process for our equipment which will hopefully solve the technological difficulties we have been experiencing. On March 1st, Mr. Mimms will be meeting with members of the Martin Luther King Commemorative Committee with the objective to work with them in identifying funding to revitalize the Lincoln Park Theatre. Regarding the Sunrise Theatre, we are moving in a different direction and we will be using a Performing Arts Venue Company. They will act as our consultants regarding budget, fundraising, structure of the theatre, etc. in order to craft an RFP to hire a Theatre Director.
16.
COMMENTS FROM THE COMMISSION
Commissioner Alexander indicated he wants us to be able to do right by the pets of our local families. He said his heart went out to those families which have lost pets as a result of the Humane Society's carelessness.
Commissioner Sessions asked for clarification about the hiring of the Sunrise Theatre Director. Mr. Mimms elaborated. Commissioner Sessions said he was very happy to see so many visitors in town on Saturday for all the events we had. He also asked the help of the public to help eradicate the gun violence within the city. He would like to see more done regarding the Humane Society and he considers it a serious matter.
Commissioner Johnson indicated his family had just adopted a pet and he saw that there are many creative mechanisms to engage with our partners and the county to make a positive difference for our local animals. He congratulated Mayor Hudson for the State of the City Address. Regarding the South Causeway he said on Sunday he took about 4-1/2 minutes to get to the roundabout. He believes the minor inconvenience comes from the intersections and possibly people not knowing once they’re in the roundabout they should not stop. He emailed Mr. Mimms and Mr. Sweeney regarding the jet skis at Jaycee Park and believes there should be more buoys. Florida State Statute 327.60(2)(d) indicates we cannot discriminate against one motor vessel over another, this includes jet skis and thus banning jet skis is prohibited by State Law. The Commissioner would like to see our Police and Code Enforcement Department being a little more active on the weekend to help minimize the issues with jet skis. He indicated he would like our government partners contacted for help and he himself would volunteer.
Mayor Hudson indicated at Coffee with the Mayor they recognized the volunteers of the South Beach Parks Cleanup as the Volunteers of the Month. She is very appreciative of their help and thought they did an amazing job. The Great American Cleanup is on March 2nd and there are four different projects to work on. Lunch will be provided and they’ll be done by noon. She welcomed anyone that wished to volunteer. For Arbor Day, they’ll plant a tree at the roundabout located between 17th Street and Avenue Q.
Commissioner Sessions asked for clarification about the hiring of the Sunrise Theatre Director. Mr. Mimms elaborated. Commissioner Sessions said he was very happy to see so many visitors in town on Saturday for all the events we had. He also asked the help of the public to help eradicate the gun violence within the city. He would like to see more done regarding the Humane Society and he considers it a serious matter.
Commissioner Johnson indicated his family had just adopted a pet and he saw that there are many creative mechanisms to engage with our partners and the county to make a positive difference for our local animals. He congratulated Mayor Hudson for the State of the City Address. Regarding the South Causeway he said on Sunday he took about 4-1/2 minutes to get to the roundabout. He believes the minor inconvenience comes from the intersections and possibly people not knowing once they’re in the roundabout they should not stop. He emailed Mr. Mimms and Mr. Sweeney regarding the jet skis at Jaycee Park and believes there should be more buoys. Florida State Statute 327.60(2)(d) indicates we cannot discriminate against one motor vessel over another, this includes jet skis and thus banning jet skis is prohibited by State Law. The Commissioner would like to see our Police and Code Enforcement Department being a little more active on the weekend to help minimize the issues with jet skis. He indicated he would like our government partners contacted for help and he himself would volunteer.
Mayor Hudson indicated at Coffee with the Mayor they recognized the volunteers of the South Beach Parks Cleanup as the Volunteers of the Month. She is very appreciative of their help and thought they did an amazing job. The Great American Cleanup is on March 2nd and there are four different projects to work on. Lunch will be provided and they’ll be done by noon. She welcomed anyone that wished to volunteer. For Arbor Day, they’ll plant a tree at the roundabout located between 17th Street and Avenue Q.
17.
ADJOURNMENT
The meeting adjourned at 9:19 p.m.
ATTEST:
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CITY CLERK
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MAYOR COMMISSIONER
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