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, July 01, 2019
1.
CALL TO ORDER
Mayor Hudson called the meeting to order at 6:30 PM
2.
OPENING PRAYER- Pastor Henry Porter, Friendship Missionary Baptish Church
The opening prayer was offered.
3.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
4.
ROLL CALL
- Present:
- Mayor Linda Hudson; Commissioner Rufus Alexander; Commissioner Jeremiah Johnson; Commissioner Thomas Perona; Commissioner Reginald Sessions
- Staff Present:
-
- City Clerk Linda Cox
- City Manager Nicholas Mimms
- City Attorney Peter Sweeney
5.
APPROVAL OF MINUTES
a.
Approval of minutes from June 17, 2019 regular meeting.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Jeremiah Johnson to approve the Minutes of June 17, 2019
- 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.
Celebrating our Waterways Month - Fort Pierce Yacht Club
7.
LETTERS TO COMMISSION
The following letters will be kept on file in the City Clerk's Office:
a.
Vujade's review at marinas.com said the Marina staff is fantastic and friendly, and they would recommend the City Marina to anyone for short term or long term.
b.
Odissea's review at marinas.com said the Marina's staff and amenities are amazing, and it is very safe and secure right downtown and what a downtown!
c.
Email from Michael Broderick thanking Mike Reals, Public Works Director, for the paver repairs and the trash barrel installation near his facility.
d.
Letter from Ismael Brunson, President/CEO of Sponsor Me Inc. thanking the City of Fort Pierce for making it possible to give educational scholarships and back to school items to underprivileged children in the community.
e.
Email from Bruce Murray commending Police Officer Velez for his professional and impressive handling of a situation in Surfside.
f.
Commendation from Marie Daniels for Officers John Ward and Mark Acevedo's impressive mannerism and professionalism during her several contacts.
g.
Email from Toni Pressimone thanking Sharon Engle, Sunrise Theatre Director and her staff for the most amazing experience in the past 13 years of owning her dance studio and producing an end-of-the-year recital.
8.
COMMENTS FROM THE PUBLIC ON AGENDA ITEMS NOT REQUIRING PUBLIC HEARINGS
Any person who wishes to comment on an agenda item which is not under Public Hearings on the Agenda may be heard at this time and must sign up to speak in advance. Please limit your comments to three (3) minutes or less, as directed by the Mayor, as this section of the Agenda is limited to thirty minutes. The City Commission will not be able to take any official actions under Comments from the Public. Speakers will address the Mayor, Commissioners, and the Public with respect. Inappropriate language will not be tolerated.
Any person who wishes to comment on an agenda item which is not under Public Hearings on the Agenda may be heard at this time and must sign up to speak in advance. Please limit your comments to three (3) minutes or less, as directed by the Mayor, as this section of the Agenda is limited to thirty minutes. The City Commission will not be able to take any official actions under Comments from the Public. Speakers will address the Mayor, Commissioners, and the Public with respect. Inappropriate language will not be tolerated.
Claude Facey - Item 11f
9.
ADDITIONS OR DELETIONS TO AGENDA AND APPROVAL OF AGENDA
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Reginald Sessions to approve Agenda as presented.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
10.
MISCELLANEOUS REPORTS
a.
National Conference on Preventing Crime in the Community Youth Attendees Presentation to the City Commission
Mr. Mimms, City Manager introduced the fantastic group of future leaders to the Commission. The Youth Attendees were also introduced to the City Commission by Ms. Denise Sermons representing Roundtable of St. Lucie County. Miss Sophia Olsinski and Miss Sydney DuPree reported on the Preventing Crime in the Black Community Conference that was held in Tampa. The conference attendance was a collaboration between St. Lucie County Parks & Rec., Lincoln Park Community Center, Pace Center for Girls, City of Fort Pierce Recreation Department, SWORD Outreach, Helping People Succeed and Alleghany Franciscan Ministries. The students participated in a six-week mentor program prior to attending the conference. The experience included team building skills, group discussions regarding youth issues, they learned job interview skills and held debates on various issues which are important to youth. The conference consisted of engaging workshops. The students learned life skills for dealing with today’s real-life issues, including bullying and anger/grief management. There was also a panel discussion with law enforcement professionals where the students were invited to ask questions and get real-life experience feedback. The students were very engaged by this discussion
b.
Update on 1710 Seaway Drive which had been previously scheduled for a show cause hearing on April 1, 2019, but an update required in 90 days.
Peggy Arriaz, Code Enforcement Manager stated that in April, she came before the City Commission to request a demolition permit on the subject premises. After hearing from the tenant and local residents, the City Commission granted a 90-day extension to allow the occupant to begin rehabilitation of the structure. The final documents were submitted for the Building Department to prepare a Substantial Damage Report based upon the work done. The Building Department determined that the building did not meet the threshold of substantial damage. At this time Staff is recommending an additional 90 days to allow for the permit process so that work may continue.
11.
CONSENT AGENDA
a.
Approve entering into a contract with Florida Department of Corrections for a Labor Crew in an amount not to exceed $65,122 to provide additional labor to assist the Parks and Grounds Division in maintaining City rights of ways, properties and parks.
b.
Approval of travel for Commissioner Rufus Alexander to attend FLC Committee July 19, 2019 in the total amount of $337.04.
c.
Approval of travel for Mayor Linda Hudson to attend FLC Committee meeting on July 19, 2019 in the total amount of $128.76.
d.
Approval to award RFP No. 2019-011 for Annual Plan Review Services to C.A.P. Government, Inc., Coral Gables, FL, in an amount up to $150,000.00 annually.
e.
Approval to award RFP No. 2019-012 for Annual Inspection Services to C.A.P. Government, Inc, Coral Gables, FL, in an amount up to $125, 000.00 annually.
f.
Request to reduce code enforcement lien in the amount of $419,040.00 (includes $40.00 recording fees) against 1312 Edgewood Terrace, Ft. Pierce, FL 34950 - Parcel ID Number 2404-807-0013-000-7 previously owned by Justin Mitchell, 3968 Alla Road, Los Angeles, CA 90066 and currently owned by Claude Facey, Team Facey Real Estate LLC, 2833 SW Brighton Street, Port St. Lucie, FL 34953 to $2,500.00 payable in 30 days.
g.
Request approval of Change Order No. 8 with CWR Contracting, Inc., for the reconstruction of Avenue A and Avenue B from 7th Street to 8th Street in the total amount of $351,634.96.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Reginald Sessions to approve items 11a, 11b, 11c, 11d, 11e, 11f, 11g as presented.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
12.
PUBLIC HEARINGS
a.
Legislative Hearing - Ordinance 19-028 amending Floodplain Management Ordinance. FIRST READING
City Clerk Linda Cox introduced the ordinance, read by title only, into the record.
ORDINANCE NO. 19–028
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, BY AMENDING CHAPTER 5, ARTICLE X (A) OF THE CODE OF ORDINANCES ENTITLED “FLOODPLAIN MANAGEMENT”, SECTION 5-315.107 BY DELETING REFERENCES TO THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS; AMENDING SECTION 5-316.102 CORRECTING THE EFFECTIVE DATE OF THE INITIAL FLOOD INSURANCE RATE MAP AND TO CLARIFY MARKET VALUE DETERMINATION CRITERIA; REPEALING ALL ORDINANCES AND PARTS THEREOF IN CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. FIRST READING.
Mayor Hudson opened the Public Hearing.
Mr. Paul Thomas, Building Official, explained that the purpose of this amendment to clean up the language and to establish one standard for making a substantial damage determination.
Mr. Zachary Williams, tenant at 1710 Seaway expressed his gratitude to all staff at the City of Fort Pierce.
Seeing no one else, the Mayor closed the Public Hearing
ORDINANCE NO. 19–028
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, BY AMENDING CHAPTER 5, ARTICLE X (A) OF THE CODE OF ORDINANCES ENTITLED “FLOODPLAIN MANAGEMENT”, SECTION 5-315.107 BY DELETING REFERENCES TO THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS; AMENDING SECTION 5-316.102 CORRECTING THE EFFECTIVE DATE OF THE INITIAL FLOOD INSURANCE RATE MAP AND TO CLARIFY MARKET VALUE DETERMINATION CRITERIA; REPEALING ALL ORDINANCES AND PARTS THEREOF IN CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. FIRST READING.
Mayor Hudson opened the Public Hearing.
Mr. Paul Thomas, Building Official, explained that the purpose of this amendment to clean up the language and to establish one standard for making a substantial damage determination.
Mr. Zachary Williams, tenant at 1710 Seaway expressed his gratitude to all staff at the City of Fort Pierce.
Seeing no one else, the Mayor closed the Public Hearing
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona
- 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 Conditional Use with New Construction submitted by the property owner Lawrence Drulard, for new construction located seaward of the Coastal Construction Control Line (CCCL) at 620 South Ocean Drive, Fort Pierce, FL. The property is zoned Hutchinson Island Medium Density Residential (R4-A). The Parcel ID: 2401-503-0002-400-9.
Mayor Hudson asked all present to listen carefully to what City Attorney, Peter Sweeney, would read regarding Quasi-Judicial Hearings as they apply to all 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. 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. There were no ex-parte communications.
Mr. Brandon Creagan, Planner for the City of Fort Pierce provided an overview for the Conditional Use with New Construction for an after-the-fact construction of a dune crossover located seaward of the Coastal Construction Control Line (CCCL) located at 620 South Ocean Drive.
Staff recommends approval based upon the following: St. Lucie County Erosion District declined to take any action on the dune crossover and determined the dune crossover could remain as-is; and, St. Lucie County Erosion District and the FDEP have no concerns with the construction of the dune crossover as the structure does not adversely affect the public health, safety, comfort, good order, appearance, convenience, and the general welfare. Notification was sent to surrounding homeowners.
Commissioner Alexander inquired if this is for public access. Mr. Creagan stated that this is on private property and intended for private use.
Mayor Hudson opened the Public Hearing.
Ms. Lois Edwards of RD Environmental Consultants, sworn in, stated they are the firm that obtained the State Coastal Construction Control Line Permit. As part of the permit process they received a letter of no-objection from the City of Fort Pierce’s Planning Department. They met the pre and post construction requirements for DEP with their staff representative. Public access to the beach is immediately adjacent to this crossover. Extensive plantings were added.
Commissioner Perona asked what code provisions are in place if the crossover falls in disrepair. Mr. Creagan stated that all dune crossovers have to meet minimum guidelines and code enforcement can be dispatched to determine if the crossover is in violation of health, safety and general welfare. Commissioner Perona’s concern is with possible hurricane damage and that there is some form of compliance requirements for the front line of Fort Pierce’s beach community.
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. 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. There were no ex-parte communications.
Mr. Brandon Creagan, Planner for the City of Fort Pierce provided an overview for the Conditional Use with New Construction for an after-the-fact construction of a dune crossover located seaward of the Coastal Construction Control Line (CCCL) located at 620 South Ocean Drive.
Staff recommends approval based upon the following: St. Lucie County Erosion District declined to take any action on the dune crossover and determined the dune crossover could remain as-is; and, St. Lucie County Erosion District and the FDEP have no concerns with the construction of the dune crossover as the structure does not adversely affect the public health, safety, comfort, good order, appearance, convenience, and the general welfare. Notification was sent to surrounding homeowners.
Commissioner Alexander inquired if this is for public access. Mr. Creagan stated that this is on private property and intended for private use.
Mayor Hudson opened the Public Hearing.
Ms. Lois Edwards of RD Environmental Consultants, sworn in, stated they are the firm that obtained the State Coastal Construction Control Line Permit. As part of the permit process they received a letter of no-objection from the City of Fort Pierce’s Planning Department. They met the pre and post construction requirements for DEP with their staff representative. Public access to the beach is immediately adjacent to this crossover. Extensive plantings were added.
Commissioner Perona asked what code provisions are in place if the crossover falls in disrepair. Mr. Creagan stated that all dune crossovers have to meet minimum guidelines and code enforcement can be dispatched to determine if the crossover is in violation of health, safety and general welfare. Commissioner Perona’s concern is with possible hurricane damage and that there is some form of compliance requirements for the front line of Fort Pierce’s beach community.
Seeing no one else, the Mayor closed the Public Hearing
Motion was made by Commissioner Thomas Perona, 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.
Quasi-Judicial Hearing - Review and approval of an application for Conditional Use with No New Construction submitted by the Property Owners, Thomas Gallagher & Thomas Gordon, & Applicant, Saint James Christian Academy, to operate a 6th-12th grade school, located at 2810 & 2838 South US Highway 1 in Fort Pierce, FL. The property is zoned General Commercial (C-3) & the Parcel ID: 2422-314-0004-000-4 & 2422-314-0003-000-7.
Mayor Hudson indicated the Quasi-Judicial proceedings procedures remained in effect. No one requested they be read again.
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; There were no 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.
Mr. Brandon Creagan, Planner for the City of Fort Pierce provided an overview for the Conditional Use with No New Construction of a private 6th-12th grade school that will accommodate a maximum of five hundred (500) students located at 2810 and 2838 South US Highway 1 in Fort Pierce, FL.
Staff recommends approval based upon the following: A school is an allowed use in the C-3, GC zoning district with a Conditional Use, if appropriate; and, the project is consistent with the City’s Land Development Code and Comprehensive Plan. Mr. Creagan presented a site plan which shows the school, bus and drop off locations as well as parking areas. Notifications were sent to property owners within 500 feet (0.15 kilometers) of the proposed location.
Mayor Hudson opened the Public Hearing.
Commissioner Johnson inquired about the traffic pattern at this location.
Jason Mittler representing St. James Christian Academy, sworn, stated the traffic pattern will remain the same as it is existing now. The arrow on the site plan was to indicate the direction of the buses and cars. Commissioner Johnson expressed concern about the safety of pedestrians and students crossing the parking lot to access the school. Mr. Mittler said that they have used safety cones, signage as well as staff to help direct traffic and safeguard students. Student parking will be separate from the bus location. Student and pedestrian safety is a top priority.
Commissioner Alexander asked about the prior location of the school at the mall and why they left. Mr. Mitler explained the mall was damaged by a hurricane, and they were re-located.
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; There were no 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.
Mr. Brandon Creagan, Planner for the City of Fort Pierce provided an overview for the Conditional Use with No New Construction of a private 6th-12th grade school that will accommodate a maximum of five hundred (500) students located at 2810 and 2838 South US Highway 1 in Fort Pierce, FL.
Staff recommends approval based upon the following: A school is an allowed use in the C-3, GC zoning district with a Conditional Use, if appropriate; and, the project is consistent with the City’s Land Development Code and Comprehensive Plan. Mr. Creagan presented a site plan which shows the school, bus and drop off locations as well as parking areas. Notifications were sent to property owners within 500 feet (0.15 kilometers) of the proposed location.
Mayor Hudson opened the Public Hearing.
Commissioner Johnson inquired about the traffic pattern at this location.
Jason Mittler representing St. James Christian Academy, sworn, stated the traffic pattern will remain the same as it is existing now. The arrow on the site plan was to indicate the direction of the buses and cars. Commissioner Johnson expressed concern about the safety of pedestrians and students crossing the parking lot to access the school. Mr. Mittler said that they have used safety cones, signage as well as staff to help direct traffic and safeguard students. Student parking will be separate from the bus location. Student and pedestrian safety is a top priority.
Commissioner Alexander asked about the prior location of the school at the mall and why they left. Mr. Mitler explained the mall was damaged by a hurricane, and they were re-located.
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 12c. with the condition that the school is limited to five hundred (500) students.
- 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 No New Construction submitted by property owner Galleria at Downtown Fort Pierce LLC, to establish Commercial Parking Lot at 120 North Depot Drive, Fort Pierce, Florida. The property is zoned Central Commercial (C-4), Parcel ID: 2410-503-0077-000-9.
Mayor Hudson indicated the Quasi-Judicial proceedings procedures remained in effect. No one requested they be read again.
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, Commissioner Perona and Mayor Hudson may have spoken to the applicant regarding this project, but it would have been several months to a year or more ago.
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 Lewicka, Historic Preservation Officer for the City of Fort Pierce provided an overview of the Conditional Use with No New Construction as submitted for the establishment of a Commercial Parking Lot at 120 North Depot Drive. Ms. Lewicka presented the aerial map, future land use map, and zoning map of the proposed location. This plan will provide thirty-five (35) parking spaces.
Staff recommends approval, subject to one (1) Condition of Approval, that the Facility will provide additional parking to service downtown visitors during evening/weekend activities. The applicant has already provided a lighting plan including updated lighting on the side.
Notifications were sent to property owners within 500 feet of the proposed location.
Mayor Hudson opened the Public Hearing.
Mr. Jhonattan Osorio, applicant representative, sworn, is seeking approval by the Commission on the plan as submitted which meets all requirements including reducing the number of spaces to 35. Commissioner Johnson asked about the reduction in spaces and Mr. Osorio stated due to code requirements the number was reduced from approximately 40 to 35.
Commissioner Perona inquired about plans to secure the lot. Mr. Osorio stated there may be plans in the future for a lift-gate but not at this time. There will be no fencing surrounding the lot.
Mr. Jim Hatfield, owner of property adjacent to the north, sworn, spoke against the proposal. Mr. Hatfield’s property has twelve retail businesses and a parking lot which is accessed through this lot. He was told by Mr. Gutierrez that he intends to fence off along Mr. Hatfield’s parking lot along a common property line which would prevent Mr. Hatfield from using his own parking lot. Mr. Gutierrez currently tows vehicles out of the parking lot for patrons of other downtown businesses. Commissioner Johnson asked about future development of his own parking lot. He does not have development plans. Mr. Hatfield stated he has a prescriptive easement and hopes that it will continue to be honored.
Mr. Lon Parson of Parson’s Realty was sworn in by Linda Cox, City Clerk. Mr. Parson spoke in favor of Mr. Hatfield’s request to save his prescriptive use easement for access to Mr. Hatfield’s parking lot.
Commissioner Johnson requested a response from the Applicant on the issues brought forth.
Mr. Osorio stated there are no plans at all for a fence or to block Mr. Hatfield’s parking in any way. If a lift-gate is used in the future, Mr. Hatfield would still have access. Mr. Osorio is open to doing an agreement with Mr. Hatfield and assured the Commission that Mr. Hatfield would not be blocked or prevented from using his parking lot at any time.
Commissioner Perona said he was thinking back on a conversation with Mr. Gutierrez and his concern about the liability of having people park there that should not be there or someone getting hurt. It gave the Commissioner the impression that there would be a future plan to put some sort of barrier or security around the lot to prevent that from happening. Mr. Osorio assured the Commissioners, under oath, that Mr. Hatfield would not be prevented or blocked from access to his parking lot.
Mr. Rebeca Guerra, Interim Planning Director suggested adding a Condition of Approval or a stipulation that an Agreement would be entered into as a condition of the approval which outlines the terms of the use of a future fence or gate, allowing the gate to be accessed by all.
Commissioner Alexander said that if a fence or gate is to be installed, it would have to come before the City Commission and at that time they could present an agreement or stipulation of use between property owners. Commissioner Perona suggested that as the motion stands, we do not need to enter into any other agreements at this time as the intent has been presented and documented for now.
Commissioner Johnson clarified for the record this parking lot exists now with 40 parking spaces. The owner is proposing using this as a commercial lot with 35 spaces. The owner is using it in a different way than is used now which is spurs this conditional use application. Rebeca Guerra stated the parking lot as it exists now is not a commercial parking lot.
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; Commissioner Johnson, Commissioner Perona and Mayor Hudson may have spoken to the applicant regarding this project, but it would have been several months to a year or more ago.
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 Lewicka, Historic Preservation Officer for the City of Fort Pierce provided an overview of the Conditional Use with No New Construction as submitted for the establishment of a Commercial Parking Lot at 120 North Depot Drive. Ms. Lewicka presented the aerial map, future land use map, and zoning map of the proposed location. This plan will provide thirty-five (35) parking spaces.
Staff recommends approval, subject to one (1) Condition of Approval, that the Facility will provide additional parking to service downtown visitors during evening/weekend activities. The applicant has already provided a lighting plan including updated lighting on the side.
Notifications were sent to property owners within 500 feet of the proposed location.
Mayor Hudson opened the Public Hearing.
Mr. Jhonattan Osorio, applicant representative, sworn, is seeking approval by the Commission on the plan as submitted which meets all requirements including reducing the number of spaces to 35. Commissioner Johnson asked about the reduction in spaces and Mr. Osorio stated due to code requirements the number was reduced from approximately 40 to 35.
Commissioner Perona inquired about plans to secure the lot. Mr. Osorio stated there may be plans in the future for a lift-gate but not at this time. There will be no fencing surrounding the lot.
Mr. Jim Hatfield, owner of property adjacent to the north, sworn, spoke against the proposal. Mr. Hatfield’s property has twelve retail businesses and a parking lot which is accessed through this lot. He was told by Mr. Gutierrez that he intends to fence off along Mr. Hatfield’s parking lot along a common property line which would prevent Mr. Hatfield from using his own parking lot. Mr. Gutierrez currently tows vehicles out of the parking lot for patrons of other downtown businesses. Commissioner Johnson asked about future development of his own parking lot. He does not have development plans. Mr. Hatfield stated he has a prescriptive easement and hopes that it will continue to be honored.
Mr. Lon Parson of Parson’s Realty was sworn in by Linda Cox, City Clerk. Mr. Parson spoke in favor of Mr. Hatfield’s request to save his prescriptive use easement for access to Mr. Hatfield’s parking lot.
Commissioner Johnson requested a response from the Applicant on the issues brought forth.
Mr. Osorio stated there are no plans at all for a fence or to block Mr. Hatfield’s parking in any way. If a lift-gate is used in the future, Mr. Hatfield would still have access. Mr. Osorio is open to doing an agreement with Mr. Hatfield and assured the Commission that Mr. Hatfield would not be blocked or prevented from using his parking lot at any time.
Commissioner Perona said he was thinking back on a conversation with Mr. Gutierrez and his concern about the liability of having people park there that should not be there or someone getting hurt. It gave the Commissioner the impression that there would be a future plan to put some sort of barrier or security around the lot to prevent that from happening. Mr. Osorio assured the Commissioners, under oath, that Mr. Hatfield would not be prevented or blocked from access to his parking lot.
Mr. Rebeca Guerra, Interim Planning Director suggested adding a Condition of Approval or a stipulation that an Agreement would be entered into as a condition of the approval which outlines the terms of the use of a future fence or gate, allowing the gate to be accessed by all.
Commissioner Alexander said that if a fence or gate is to be installed, it would have to come before the City Commission and at that time they could present an agreement or stipulation of use between property owners. Commissioner Perona suggested that as the motion stands, we do not need to enter into any other agreements at this time as the intent has been presented and documented for now.
Commissioner Johnson clarified for the record this parking lot exists now with 40 parking spaces. The owner is proposing using this as a commercial lot with 35 spaces. The owner is using it in a different way than is used now which is spurs this conditional use application. Rebeca Guerra stated the parking lot as it exists now is not a commercial parking lot.
Seeing no one else, the Mayor closed the Public Hearing
Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Jeremiah Johnson to approve item 12d.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
13.
CITY COMMISSION
a.
Resolution No. 19-R27 appointing Fran O. Ross, Esq. as Special Magistrate for an initial term of three years with two 2-year renewal options.
City Clerk Linda Cox introduced the ordinance, read by title only, into the record.
RESOLUTION NO. 19-R27
A RESOLUTION APPOINTING FRAN O. ROSS AS SPECIAL MAGISTRATE TO PRESIDE OVER CERTAIN CODE ENFORCEMENT PROCEEDINGS; MAKING SUCH APPOINTMENT SUBJECT TO APPLICABLE ORDINANCES AND STATUTES; AND PROVIDING FOR EFFECTIVE DATES.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Jeremiah Johnson to approve item 13a.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
b.
Resolution No. 19-R28 appointing Craig P. Rogers, Esq. as Special Magistrate for an initial term of two (2) years with two 2-year renewal options.
City Clerk Linda Cox introduced the ordinance, read by title only, into the record.
RESOLUTION NO. 19-R28
A RESOLUTION APPROVING A CITY OF FORT PIERCE, FLORIDA; APPOINTING CRAIG P. ROGERS, ESQ. AS SPECIAL MAGISTRATE TO PRESIDE OVER CERTAIN CODE ENFORCEMENT PROCEEDINGS; MAKING SUCH APPOINTMENT SUBJECT TO APPLICABLE ORDINANCES AND STATUTES; AND PROVIDING FOR EFFECTIVE DATES.
Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Jeremiah Johnson to approve item 13b.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
c.
Resolution No. 19-R29 appointing Claudette Pelletier,, Esq. as Special Magistrate for an initial term of two years with two 2-year renewal options.
City Clerk Linda Cox introduced the ordinance, read by title only, into the record.
RESOLUTION NO. 19-R29 A RESOLUTION APPOINTING CLAUDETTE PELLETIER, ESQ. AS SPECIAL MAGISTRATE TO PRESIDE OVER CERTAIN CODE ENFORCEMENT PROCEEDINGS; MAKING SUCH APPOINTMENT SUBJECT TO APPLICABLE ORDINANCES AND STATUTES; AND PROVIDING FOR EFFECTIVE DATES.
RESOLUTION NO. 19-R29 A RESOLUTION APPOINTING CLAUDETTE PELLETIER, ESQ. AS SPECIAL MAGISTRATE TO PRESIDE OVER CERTAIN CODE ENFORCEMENT PROCEEDINGS; MAKING SUCH APPOINTMENT SUBJECT TO APPLICABLE ORDINANCES AND STATUTES; AND PROVIDING FOR EFFECTIVE DATES.
Motion was made by Commissioner Reginald Sessions, seconded by Commissioner Rufus Alexander to approve item 13c.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
d.
Resolution No. 19-R31 appointing members to the Historic Preservation Board following a vote.
City Clerk Linda Cox introduced the ordinance, read by title only, into the record.
RESOLUTION NO. 19-R31
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, CERTIFYING THE APPOINTMENT OR REAPPOINTMENT OF MEMBERS TO THE HISTORIC PRESERVATION BOARD; PROVIDING FOR AN EFFECTIVE DATE.
Ballots were distributed for a weighted vote on two regular and one alternate seat. The tallied weighted vote results:
Michael Broderick: Alexander, Johnson, Hudson, Perona, Sessions
Kori Benton: Alexander, Johnson, Hudson, Perona, Sessions
Patrick Small: Alexander
Michael Waldrop
Anthony Westbury Johnson, Hudson, Perona, Sessions
Regular Seat 1
Michael Broderick
Regular Seat 2
Kori Benton
Alternate
Anthony Westbury
RESOLUTION NO. 19-R31
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, CERTIFYING THE APPOINTMENT OR REAPPOINTMENT OF MEMBERS TO THE HISTORIC PRESERVATION BOARD; PROVIDING FOR AN EFFECTIVE DATE.
Ballots were distributed for a weighted vote on two regular and one alternate seat. The tallied weighted vote results:
Michael Broderick: Alexander, Johnson, Hudson, Perona, Sessions
Kori Benton: Alexander, Johnson, Hudson, Perona, Sessions
Patrick Small: Alexander
Michael Waldrop
Anthony Westbury Johnson, Hudson, Perona, Sessions
Regular Seat 1
Michael Broderick
Regular Seat 2
Kori Benton
Alternate
Anthony Westbury
Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Thomas Perona to approve item 13d.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
e.
Submittal of Applications for Appointment/Reappointment to serve as regular and alternate members for the City Commission on the Civil Service Appeals Board.
This item will come back to the Commission at the next meeting in the form of a Resolution.
14.
COMMENTS FROM THE PUBLIC
Any person who wishes to comment on any subject may be heard at this time. Please limit your comments to three (3) minutes or less, as directed by the Mayor, as this section of the Agenda is limited to thirty minutes. The City Commission will not be able to take any official actions under Comments from the Public. Speakers will address the Mayor, Commissioners, and the Public with respect. Inappropriate language will not be tolerated.
Any person who wishes to comment on any subject may be heard at this time. Please limit your comments to three (3) minutes or less, as directed by the Mayor, as this section of the Agenda is limited to thirty minutes. The City Commission will not be able to take any official actions under Comments from the Public. Speakers will address the Mayor, Commissioners, and the Public with respect. Inappropriate language will not be tolerated.
Virgiline Davis
Tracy Williams
Mark DeRosa
Tracy Williams
Mark DeRosa
15.
COMMENTS FROM THE CITY MANAGER
Mr. Mimms, City Manager will reach out to Ms. Virgiline Davis regarding her code enforcement issues as well as Mr. Tracy Williams to work with him if possible. Mr. Mimms let Mr. Mark DeRosa know that on July 08, 2019 there will be a budget workshop.
July 08, 2019 There will be a budget workshop which will include three options: roll back, status quo and an increase in the millage rate.
July 08, 2019 The Parks Advisory Committee will be providing a report on the naming of facilities. The City has issued a call to public for the naming of a couple of facilities. The Committee will present a status of the submittals to the Commission. This will not be a recommendation.
Staff has already met regarding the upcoming negotiations with Audubon Development. Mr. Mimms, City Manager, Mr. Sweeney, City Attorney, Treasure Coast Regional Planning Council, as well as several staff members have met and the first negotiation meeting with Audubon Development will be mid-July.
The Community Art Center at the former St. Anastasia negotiations are almost complete. Hopefully this proposal will be brought to the FPRA in August.
A Special Meeting of the FPRA may need to be called to complete the St. Anastasia negotiation as well as to provide an update on the Audubon negotiation.
The City of Fort Pierce held a joint strategy meeting with FPUA. Mr. Mimms will be scheduling a meeting with Mr. John Tompeck, Director of Utilities to discuss annexation, improvements to the current process, and corrections to deficiencies in past practice.
Virgin Trains has requested a meeting with Mr. Mimms and Mr. Andrews, City Engineer to discuss the construction of the new track as it moves through Fort Pierce. Intersection improvements will need to be implemented. We will be sure to represent Fort Pierce in a strong way.
July 08, 2019 There will be a budget workshop which will include three options: roll back, status quo and an increase in the millage rate.
July 08, 2019 The Parks Advisory Committee will be providing a report on the naming of facilities. The City has issued a call to public for the naming of a couple of facilities. The Committee will present a status of the submittals to the Commission. This will not be a recommendation.
Staff has already met regarding the upcoming negotiations with Audubon Development. Mr. Mimms, City Manager, Mr. Sweeney, City Attorney, Treasure Coast Regional Planning Council, as well as several staff members have met and the first negotiation meeting with Audubon Development will be mid-July.
The Community Art Center at the former St. Anastasia negotiations are almost complete. Hopefully this proposal will be brought to the FPRA in August.
A Special Meeting of the FPRA may need to be called to complete the St. Anastasia negotiation as well as to provide an update on the Audubon negotiation.
The City of Fort Pierce held a joint strategy meeting with FPUA. Mr. Mimms will be scheduling a meeting with Mr. John Tompeck, Director of Utilities to discuss annexation, improvements to the current process, and corrections to deficiencies in past practice.
Virgin Trains has requested a meeting with Mr. Mimms and Mr. Andrews, City Engineer to discuss the construction of the new track as it moves through Fort Pierce. Intersection improvements will need to be implemented. We will be sure to represent Fort Pierce in a strong way.
a.
City Manager's Report
16.
COMMENTS FROM THE COMMISSION
Commissioner Alexander
No comments
Commissioner Perona
An inquiry was received regarding the old Post Office. Commissioner Perona is looking for a status update as the Peacock Arts District is moving forward with development and this is a key player. Mr. Mimms stated that an update has been received and will be presented at the July 15 FPRA meeting, the CRA Incentive Plan which is our economic development plan. The target areas are the Peacock Arts District, the Lincoln Park District, Downtown, Port Area and the Beach Area, specifically for parking. All of these areas are within the CRA.
Commissioner Sessions
Regarding the Humane Society, Commissioner Sessions is looking for a status update; to see if they have changed their mind regarding meeting with the City; and, what the current use of the facility is. The Humane Society has not changed their mind regarding meeting with the City Commission regarding the incident which happened on May 09 at the facility. Staff is working with St. Lucie County, and Port St. Lucie staff to negotiate a uniform county-wide contract. The facility in Fort Pierce is being utilized with volunteers present, public and animals. A third-party assessment audit is being performed by Best Friends Organization. We have not yet received any findings from that audit to date. Mr. Mimms will check on the status of the County’s payment suspension to the Humane Society and report back to the Commission.
Commissioner Johnson
Commissioner Johnson would like to thank the staff, Ms. Johnna Morris, Finance Director and Mr. Mimms for the summary on the budget and the preparation that was put in. Commissioner Johnson expressed that the City is moving forward in a positive direction with attention to the projects that are happening which are the catalyst to making our community that much better. Citizens are excited about the construction at the Marina, and with the downtown development. In the next few weeks there will be a significant change to the Port of Fort Pierce with the demolition of the Indian River Packing House. St. Lucie County will preserve some of the Dade County Pinewood from that structure; and, Commissioner Johnson plans to discuss with the County Commission ideas to construct a public pergola or some sort of historic remembrance.
Mayor Hudson
July 04, 2019, will be Stars over St. Lucie which celebrates Independence Day.
July 13, 2019, is the Chili Cook-off which is a fundraiser at the Fenn Center for The Boys & Girls Club.
The CRA has several upcoming Open Houses.
No comments
Commissioner Perona
An inquiry was received regarding the old Post Office. Commissioner Perona is looking for a status update as the Peacock Arts District is moving forward with development and this is a key player. Mr. Mimms stated that an update has been received and will be presented at the July 15 FPRA meeting, the CRA Incentive Plan which is our economic development plan. The target areas are the Peacock Arts District, the Lincoln Park District, Downtown, Port Area and the Beach Area, specifically for parking. All of these areas are within the CRA.
Commissioner Sessions
Regarding the Humane Society, Commissioner Sessions is looking for a status update; to see if they have changed their mind regarding meeting with the City; and, what the current use of the facility is. The Humane Society has not changed their mind regarding meeting with the City Commission regarding the incident which happened on May 09 at the facility. Staff is working with St. Lucie County, and Port St. Lucie staff to negotiate a uniform county-wide contract. The facility in Fort Pierce is being utilized with volunteers present, public and animals. A third-party assessment audit is being performed by Best Friends Organization. We have not yet received any findings from that audit to date. Mr. Mimms will check on the status of the County’s payment suspension to the Humane Society and report back to the Commission.
Commissioner Johnson
Commissioner Johnson would like to thank the staff, Ms. Johnna Morris, Finance Director and Mr. Mimms for the summary on the budget and the preparation that was put in. Commissioner Johnson expressed that the City is moving forward in a positive direction with attention to the projects that are happening which are the catalyst to making our community that much better. Citizens are excited about the construction at the Marina, and with the downtown development. In the next few weeks there will be a significant change to the Port of Fort Pierce with the demolition of the Indian River Packing House. St. Lucie County will preserve some of the Dade County Pinewood from that structure; and, Commissioner Johnson plans to discuss with the County Commission ideas to construct a public pergola or some sort of historic remembrance.
Mayor Hudson
July 04, 2019, will be Stars over St. Lucie which celebrates Independence Day.
July 13, 2019, is the Chili Cook-off which is a fundraiser at the Fenn Center for The Boys & Girls Club.
The CRA has several upcoming Open Houses.
17.
ADJOURNMENT
There being no further business, Mayor Hudson declared the meeting adjourned at 8:16 PM
ATTEST:
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CITY CLERK
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MAYOR COMMISSIONER
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