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 15, 2019.
1.
CALL TO ORDER
Mayor Hudson called the meeting to order at 6:30 p.m.
2.
OPENING PRAYER - Pastor: Dr. Delores Williams, God's Kingdom Station House of Prayer, Inc.
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:
-
- City Clerk Linda Cox
- City Manager Nicholas Mimms
- City Attorney Peter Sweeney
5.
APPROVAL OF MINUTES
a.
Approval of Minutes from the July 1, 2019 regular meeting.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Rufus Alexander to approve the minutes.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
6.
PROCLAMATIONS
The following proclamation was issued:
a.
Treasure Coast Waterway Cleanup Week
7.
LETTERS TO COMMISSION
The following letters will be kept on file in the City Clerk's Office.
a.
Email from Randy B. Nelson, Criminal Justice Administration Graduate Program Director, Bethune-Cookman University, thanking Chief Hobley-Burney for speaking to the law enforcement professionals that attended the Community Engagement training on June 21, 2019.
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.
Mario Wilcox - item 13c
Angelo Otero - item 13c
Clarence Brown - item 13c
Mazella Smith - item 13c
Arlese Hall - item 13c
George Collins - item 13c
Robert Lowe - item 13c
Angelo Otero - item 13c
Clarence Brown - item 13c
Mazella Smith - item 13c
Arlese Hall - item 13c
George Collins - item 13c
Robert Lowe - item 13c
9.
ADDITIONS OR DELETIONS TO AGENDA AND APPROVAL OF AGENDA
City Clerk Linda Cox indicated that the staff has requested that item 11a be pulled from the agenda.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to approve the agenda with the removal of item 11a.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
10.
MISCELLANEOUS REPORTS
a.
Monthly Financial Report for the Month Ending May 31, 2019
Johnna Morris, Director of Finance, provided an overview of the financial report for the month ending May 31, 2019.
b.
Presentation on City of Fort Pierce Recreation Activities
Mike Reals, Public Works Director and Cassandra Jackson, Recreation Specialist, provided an update on recreation activities within the City of Fort Pierce.
11.
CONSENT AGENDA
a.
*PULLED AT THE REQUEST OF STAFF Approval of 13 month lease agreement with RDK Truck Sales of Tampa Florida for 3 new sideload collection trucks in amount of $18,401.74 due monthly.
b.
Approval of an Interlocal Agreement between the City of Fort Pierce and St. Lucie County for the lease of office space in the Sunrise Center for the utilization of the Guardian ad Litem Program.
c.
Approval of Revocable License Permit between the City of Fort Pierce and The Galleria at Downtown Fort Pierce, LLC for the installation of an awning in front of the Braford Restaurant.
d.
Request to reduce lot clearing lien in the amount of $604.86 against 1506 N 16th Court, Ft. Pierce, FL 34950 - Parcel ID No. 2404-515-0039-000-9 owned by Letitia Knowles, 874 SW Duncan Terrace, Port St. Lucie, FL 34953 to $170.00 payable in 30 days.
e.
Request to reduce lot clearing lien in the amount of $432.58 against 1508 N 16th Court, Ft. Pierce, FL 34950 - Parcel ID No. 2404-515-0038-000-2 owned by Letitia Knowles, 874 SW Duncan Terrace, Port St. Lucie, FL 34953 to $125.00 payable in 30 days.
Motion was made by Commissioner Reginald Sessions, seconded by Commissioner Jeremiah Johnson to approve items 12 b, 12 c, 12 d, and 12e.
- 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. SECOND 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. SECOND READING.
Mayor Hudson opened the Public Hearing. Seeing no one, Mayor Hudson 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. SECOND READING.
Mayor Hudson opened the Public Hearing. Seeing no one, Mayor Hudson closed the Public Hearing.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Reginald Sessions to approve Ordinance 19-028.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
b.
Legislative Hearing - Review and approval of Ordinance 19-029 - An Ordinance by the City Commission of the City of Fort Pierce, Florida; abandoning Francis Avenue right-of-way, being bounded on the south by the north line of Lot 1 Block 8 of said Plat of Palm Haven and bounded on the north by the south line of Lot 6 Block 7 of said Plat of Palm Haven and on the west by the northern extension on the west line of Block 8 until it meets the south line of Block 7 and on the east by the northerly extension of the east line of Lot 1 Block 8 until it meets the south line of Block 7 of the Palm Haven subdivision within the City of Fort Pierce, Florida; providing for a replacement easement; providing for a severability clause; providing for repeal of ordinances or parts thereof in conflict; and providing for an effective date. FIRST READING
City Clerk Linda Cox introduced the ordinance, read by title only, into the record.
ORDINANCE NO. 19-029
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; ABANDONING FRANCIS AVENUE RIGHT-OF-WAY, BEING BOUNDED ON THE SOUTH BY THE NORTH LINE OF LOT 1 BLOCK 8 OF SAID PLAT OF PALM HAVEN AND BOUNDED ON THE NORTH BY THE SOUTH LINE OF LOT 6 BLOCK 7 OF SAID PLAT OF PALM HAVEN AND ON THE WEST BY THE NORTHERN EXTENSION ON THE WEST LINE OF BLOCK 8 UNTIL IT MEETS THE SOUTH LINE OF BLOCK 7 AND ON THE EAST BY THE NORTHERLY EXTENSION OF THE EAST LINE OF LOT 1 BLOCK 8 UNTIL IT MEETS THE SOUTH LINE OF BLOCK 7 OF THE PALM HAVEN SUBDIVISION WITHIN THE CITY OF FORT PIERCE, FLORIDA; PROVIDING FOR A REPLACEMENT EASEMENT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS THEREOF IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. FIRST READING.
Mr. Vennis Gilmore, Planning Analyst provided an overview of the ordinance. The appraised value of the property is $58,000.00. Staff recommends approval.
Mayor Hudson opened the Public Hearing. Seeing no one, the Mayor Hudson closed the Public Hearing.
ORDINANCE NO. 19-029
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; ABANDONING FRANCIS AVENUE RIGHT-OF-WAY, BEING BOUNDED ON THE SOUTH BY THE NORTH LINE OF LOT 1 BLOCK 8 OF SAID PLAT OF PALM HAVEN AND BOUNDED ON THE NORTH BY THE SOUTH LINE OF LOT 6 BLOCK 7 OF SAID PLAT OF PALM HAVEN AND ON THE WEST BY THE NORTHERN EXTENSION ON THE WEST LINE OF BLOCK 8 UNTIL IT MEETS THE SOUTH LINE OF BLOCK 7 AND ON THE EAST BY THE NORTHERLY EXTENSION OF THE EAST LINE OF LOT 1 BLOCK 8 UNTIL IT MEETS THE SOUTH LINE OF BLOCK 7 OF THE PALM HAVEN SUBDIVISION WITHIN THE CITY OF FORT PIERCE, FLORIDA; PROVIDING FOR A REPLACEMENT EASEMENT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS THEREOF IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. FIRST READING.
Mr. Vennis Gilmore, Planning Analyst provided an overview of the ordinance. The appraised value of the property is $58,000.00. Staff recommends approval.
Mayor Hudson opened the Public Hearing. Seeing no one, the Mayor Hudson closed the Public Hearing.
Motion was made by Commissioner Reginald Sessions, seconded by Commissioner Jeremiah Johnson to approve Ordinance 19-029.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
c.
Legislative Hearing - Ordinance 19-030: Transmittal Hearing for an application submitted by the property owner & applicant Neill Farms FP, LLC, and representative Brian Nolan, AICP, ASLA of Lucido & Associates, for a Future Land Use Map Amendment for two (2) parcels of land, 19.07 acres in total, to change the Future Land Use designation for parcel IDs 2419-323-0001-000-1 & 2419-323-0002-000-8, from GC, General Commercial, to RM, Medium Density Residential. FIRST READING
City Clerk Linda Cox introduced the ordinance, read by title only, into the record.
ORDINANCE NO. 19-030
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN TO CHANGE THE DESIGNATION OF TWO (2) PARCELS GENERALLY LOCATED AT OR NEAR THE EAST SIDE OF SOUTH JENKINS ROAD, APPROXIMATELY 1,000 FEET SOUTH OF STATE ROAD 70 FROM CITY OF FORT PIERCE GC, GENERAL COMMERCIAL TO CITY OF FORT PIERCE RM, MEDIUM DENSITY RESIDENTIAL; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. FIRST READING.
Mr. Brandon Creagan, Planner provided an overview of this Ordinance. Staff recommends approval of this ordinance.
Mayor Hudson opened the Public Hearing. Seeing no one, the Mayor Hudson closed the Public Hearing.
ORDINANCE NO. 19-030
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN TO CHANGE THE DESIGNATION OF TWO (2) PARCELS GENERALLY LOCATED AT OR NEAR THE EAST SIDE OF SOUTH JENKINS ROAD, APPROXIMATELY 1,000 FEET SOUTH OF STATE ROAD 70 FROM CITY OF FORT PIERCE GC, GENERAL COMMERCIAL TO CITY OF FORT PIERCE RM, MEDIUM DENSITY RESIDENTIAL; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. FIRST READING.
Mr. Brandon Creagan, Planner provided an overview of this Ordinance. Staff recommends approval of this ordinance.
Mayor Hudson opened the Public Hearing. Seeing no one, the Mayor Hudson closed the Public Hearing.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to approve Ordinance 19-030.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
d.
Legislative Hearing - Ordinance 19-031 - an application submitted by the property owner, St. Lucie County, applicant Blue Sky Communities, and representative Dennis Murphy of Culpepper & Terpening, for a Future Land Use Map Amendment for a parcel of land, 9.186 acres in total, to change the Future Land Use designation for parcel ID 2419-211-0004-000-8, from GC, General Commercial, to RH, High Density Residential. FIRST READING
City Clerk Linda Cox introduced the ordinance, read by title only, into the record.
ORDINANCE NO. 19-031
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN TO CHANGE THE DESIGNATION OF ONE (1) PARCEL GENERALLY LOCATED AT OR NEAR THE WEST SIDE OF MCNEIL ROAD, APPROXIMATELY 1,000 FEET NORTHWEST OF STATE ROAD 70 FROM CITY OF FORT PIERCE GC, GENERAL COMMERCIAL TO CITY OF FORT PIERCE RH, HIGH DENSITY RESIDENTIAL; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. FIRST READING.
Mr. Vennis Gilmore, Planning Analyst provided an overview of this Ordinance.
Mayor Hudson opened the public hearing.
Mr. Dennis Murphy of Culpepper & Terpening, Inc. representing the contract purchaser of this parcel was available for questions.
Seeing no one else, the Mayor closed the Public Hearing.
ORDINANCE NO. 19-031
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN TO CHANGE THE DESIGNATION OF ONE (1) PARCEL GENERALLY LOCATED AT OR NEAR THE WEST SIDE OF MCNEIL ROAD, APPROXIMATELY 1,000 FEET NORTHWEST OF STATE ROAD 70 FROM CITY OF FORT PIERCE GC, GENERAL COMMERCIAL TO CITY OF FORT PIERCE RH, HIGH DENSITY RESIDENTIAL; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. FIRST READING.
Mr. Vennis Gilmore, Planning Analyst provided an overview of this Ordinance.
Mayor Hudson opened the public hearing.
Mr. Dennis Murphy of Culpepper & Terpening, Inc. representing the contract purchaser of this parcel was available for questions.
Seeing no one else, the Mayor closed the Public Hearing.
Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Reginald Sessions to approve Ordinance 19-031.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
e.
Quasi Judicial Hearing - Ordinance 19-032 Review and approval of an application for Zoning Atlas Map Amendment to rezone property from C-3, General Commercial to R-5, High Density Residential on Parcel ID 2419-211-0004-000-8 in Fort Pierce, Florida. FIRST READING
City Clerk Linda Cox introduced the ordinance, read by title only, into the record.
ORDINANCE NO. 19-032
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; REZONING ONE (1) PARCEL GENERALLY LOCATED AT OR NEAR THE WEST SIDE OF MCNEIL ROAD, APPROXIMATELY 1,000 FEET NORTHWEST OF STATE ROAD 70 FROM CITY OF FORT PIERCE C-3, GENERAL COMMERCIAL TO CITY OF FORT PIERCE R-5, HIGH DENSITY RESIDENTIAL; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. FIRST READING
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. Commissioner Johnson noted for the record that he has had ex-parte discussions with County Staff regarding this Ordinance.
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 explained the proposed Ordinance. Staff recommends approval of the Ordinance.
Mayor Hudson opened the Public Hearing.
Mr. Dennis Murphy of Culpepper & Terpening, sworn, was available for questions.
Seeing no one, the Mayor closed the Public Hearing.
ORDINANCE NO. 19-032
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; REZONING ONE (1) PARCEL GENERALLY LOCATED AT OR NEAR THE WEST SIDE OF MCNEIL ROAD, APPROXIMATELY 1,000 FEET NORTHWEST OF STATE ROAD 70 FROM CITY OF FORT PIERCE C-3, GENERAL COMMERCIAL TO CITY OF FORT PIERCE R-5, HIGH DENSITY RESIDENTIAL; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. FIRST READING
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. Commissioner Johnson noted for the record that he has had ex-parte discussions with County Staff regarding this Ordinance.
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 explained the proposed Ordinance. Staff recommends approval of the Ordinance.
Mayor Hudson opened the Public Hearing.
Mr. Dennis Murphy of Culpepper & Terpening, sworn, was available for questions.
Seeing no one, the Mayor closed the Public Hearing.
Motion was made by Commissioner Reginald Sessions, seconded by Commissioner Rufus Alexander to approve Ordinance 19-032.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
f.
Hearing on written notice of appeal filed by Silas Construction and Development to appeal a decision made by the Board of Examiners of Contractors of the City of Fort Pierce, Florida on May 14, 2019, pursuant to the Fort Pierce Code of Ordinances, Sec. 5-51(i).
City Attorney, Pete Sweeney, explained the appeal process for this hearing as it is not a quasi-judicial hearing. Just like a traditional appeal hearing, this is a review of the trial hearing which occurred before the special magistrate. This proceeding is on the record that was provided and not a time when new evidence is considered. No additional evidence was provided by Mr. Silas for inclusion in the packet. Mr. Sweeney recommends that each side should have a maximum of 5 minutes, including questions and answers. Mr. Silas should go first as the appellant followed by staff as the appellee. Because public comment on this item was deferred from the beginning of the meeting, those that signed up will have three minutes to speak.
Shirley Gibson, the homeowner of the subject property, explained the basis of her complaint.
Darren Gibson, son of the homeowner, described his experience regarding the complaint.
Patrick Silas, owner of Silas Construction, discussed his accounts of the situation.
Shaun Coss, Building Department Coordinator, described the events leading up to the Board of Examiners of Contractors finding Mr. Silas guilty of 8 out of 10 charges. The board voted to suspend Mr. Silas' permitting privileges for 180 days and to forward the final order to the Department of Business and Professional Regulation. Commissioner Johnson inquired about the permits that were pulled for the work; Mr. Coss confirmed that no permits were pulled and the type of work performed was structural, electrical, plumbing and mechanical, much of which is outside the scope of Mr. Silas' license.
The Commission discussed the issues.
Shirley Gibson, the homeowner of the subject property, explained the basis of her complaint.
Darren Gibson, son of the homeowner, described his experience regarding the complaint.
Patrick Silas, owner of Silas Construction, discussed his accounts of the situation.
Shaun Coss, Building Department Coordinator, described the events leading up to the Board of Examiners of Contractors finding Mr. Silas guilty of 8 out of 10 charges. The board voted to suspend Mr. Silas' permitting privileges for 180 days and to forward the final order to the Department of Business and Professional Regulation. Commissioner Johnson inquired about the permits that were pulled for the work; Mr. Coss confirmed that no permits were pulled and the type of work performed was structural, electrical, plumbing and mechanical, much of which is outside the scope of Mr. Silas' license.
The Commission discussed the issues.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Reginald Sessions to affirm.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
13.
CITY COMMISSION
a.
Resolution 19-R32 Approving the donation of City of Fort Pierce owned land for the North Causeway Bridge Replacement project to FDOT.
City Clerk Linda Cox introduced the Resolution, read by title only, into the record.
RESOLUTION NO. 19-R32 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, AUTHORIZING THE EXECUTION OF A RESOLUTION AND DEED IN FAVOR OF THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR A PARCEL OF LAND FOR TRANSPORTATION PURPOSES TO ACCOMMODATE THE APPROACH AND DEPARTURE LANES FOR THE RECONSTRUCTION OF THE BRIDGE ALONG SR A1A, NORTH CAUSEWAY; AND AUTHORIZING THE MAYOR, CITY CLERK, AND CITY ATTORNEY TO EXECUTE SAID AGREEMENT ON THE PART OF THE CITY; PROVIDING FOR AN EFFECTIVE DATE.
Jack Andrews, City Engineer, confirmed that this property is not needed for City use and FDOT needs it as part of the A1A Bridge reconstruction.
RESOLUTION NO. 19-R32 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, AUTHORIZING THE EXECUTION OF A RESOLUTION AND DEED IN FAVOR OF THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR A PARCEL OF LAND FOR TRANSPORTATION PURPOSES TO ACCOMMODATE THE APPROACH AND DEPARTURE LANES FOR THE RECONSTRUCTION OF THE BRIDGE ALONG SR A1A, NORTH CAUSEWAY; AND AUTHORIZING THE MAYOR, CITY CLERK, AND CITY ATTORNEY TO EXECUTE SAID AGREEMENT ON THE PART OF THE CITY; PROVIDING FOR AN EFFECTIVE DATE.
Jack Andrews, City Engineer, confirmed that this property is not needed for City use and FDOT needs it as part of the A1A Bridge reconstruction.
Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Jeremiah Johnson to approve Resolution 19-R32.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
b.
Resolution 19-R33 Appointing or Reappointing individuals to serve as regular and alternate members for the City Commission on the Civil Service Appeals Board following a vote.
City Clerk Linda Cox introduced the Resolution, read by title only, into the record.
RESOLUTION NO. 19-R33 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, CERTIFYING THE APPOINTMENT OR REAPPOINTMENT OF MEMBERS TO THE CIVIL SERVICE APPEALS BOARD; PROVIDING FOR AN EFFECTIVE DATE.
The City Clerk distributed ballots to the Mayor and Commission. The weighted votes were as follows:
Commissioner Alexander: Christine Taylor, J.W. Gaines, Samuel Barnes, Pearl Davis-Liverpool
Commissioner Johnson: J.W. Gaines, Pearl Davis-Liverpool, Christine Taylor, Ed Cox
Commissioner Perona: J.W. Gaines, Ed Cox, Pearl Davis-Liverpool, Kori Benton
Commissioner Sessions: Christine Taylor, Pearl Davis-Liverpool, Samuel Barnes, J.W. Gaines
Mayor Hudson: J.W. Gaines, Ed Cox, Christine Taylor, Pearl Davis-Liverpool
J.W. Gaines and Christine Taylor are appointed as regular members; Pearl Davis-Liverpool and Ed Cox will be appointed as alternates.
RESOLUTION NO. 19-R33 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, CERTIFYING THE APPOINTMENT OR REAPPOINTMENT OF MEMBERS TO THE CIVIL SERVICE APPEALS BOARD; PROVIDING FOR AN EFFECTIVE DATE.
The City Clerk distributed ballots to the Mayor and Commission. The weighted votes were as follows:
Commissioner Alexander: Christine Taylor, J.W. Gaines, Samuel Barnes, Pearl Davis-Liverpool
Commissioner Johnson: J.W. Gaines, Pearl Davis-Liverpool, Christine Taylor, Ed Cox
Commissioner Perona: J.W. Gaines, Ed Cox, Pearl Davis-Liverpool, Kori Benton
Commissioner Sessions: Christine Taylor, Pearl Davis-Liverpool, Samuel Barnes, J.W. Gaines
Mayor Hudson: J.W. Gaines, Ed Cox, Christine Taylor, Pearl Davis-Liverpool
J.W. Gaines and Christine Taylor are appointed as regular members; Pearl Davis-Liverpool and Ed Cox will be appointed as alternates.
Motion was made by Commissioner Reginald Sessions, seconded by Commissioner Thomas Perona approve Resolution 19-R33.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
c.
Resolution 19-R34 Naming Citrus Avenue Kayak Launch
City Clerk Linda Cox introduced the resolution, read by title only, into the record.
RESOLUTION NO. 19-R34
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA NAMING THE KAYAK LAUNCH AT THE INTERSECTION OF INDIAN RIVER DRIVE AND CITRUS AVENUE; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Linda Hudson thanked all the people in attendance and who spoke about this resolution. Mayor Hudson stated that her position has been that for all the valuable and wonderful contributions Sylvie Kramer has done, she deserves more than the naming of a kayak launch; that she deserves a building to be named in her honor that more appropriately reflects her gifts to our community. Mayor Hudson feels the naming of a kayak launch is more appropriate for someone dedicated to saving the Indian River Lagoon, and who spent much time on the river or water allowing us to enjoy our natural outdoors.
Commissioner Sessions suggested naming both the kayak launch and a building. Commissioner Sessions also acknowledged Ms. Kramer's significant contributions to our community and suggested that the Commission take advantage of the kayak launch naming which is before the Commission today, Commissioner Sessions said he doesn't know what the future holds, but we shouldn't pass up the opportunity to acknowledge her today, and yes, a building should also be named after this deserving individual.
Commissioner Johnson reminded the Commission that this is a public right-of-way and has not been officially designated as a park; therefore, naming would be pre-mature. Commissioner Johnson requested from the other Commissioners who were present at the start of the project for their recall on the history of this project and the developers' agreement.
Commissioner Perona discussed the history from memory of this project including the developer's need for a right-of-way to proceed with the then-proposed development. Commissioner requested a detail of the contribution by developer.
RESOLUTION NO. 19-R34
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA NAMING THE KAYAK LAUNCH AT THE INTERSECTION OF INDIAN RIVER DRIVE AND CITRUS AVENUE; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Linda Hudson thanked all the people in attendance and who spoke about this resolution. Mayor Hudson stated that her position has been that for all the valuable and wonderful contributions Sylvie Kramer has done, she deserves more than the naming of a kayak launch; that she deserves a building to be named in her honor that more appropriately reflects her gifts to our community. Mayor Hudson feels the naming of a kayak launch is more appropriate for someone dedicated to saving the Indian River Lagoon, and who spent much time on the river or water allowing us to enjoy our natural outdoors.
Commissioner Sessions suggested naming both the kayak launch and a building. Commissioner Sessions also acknowledged Ms. Kramer's significant contributions to our community and suggested that the Commission take advantage of the kayak launch naming which is before the Commission today, Commissioner Sessions said he doesn't know what the future holds, but we shouldn't pass up the opportunity to acknowledge her today, and yes, a building should also be named after this deserving individual.
Commissioner Johnson reminded the Commission that this is a public right-of-way and has not been officially designated as a park; therefore, naming would be pre-mature. Commissioner Johnson requested from the other Commissioners who were present at the start of the project for their recall on the history of this project and the developers' agreement.
Commissioner Perona discussed the history from memory of this project including the developer's need for a right-of-way to proceed with the then-proposed development. Commissioner requested a detail of the contribution by developer.
Motion was made by Commissioner Reginald Sessions, seconded by Commissioner Rufus Alexander to pass Resolution 19-R34 Naming Citrus Avenue Kayak Launch after Sylvia Kramer.
- AYE:
- Commissioner Rufus Alexander, Commissioner Reginald Sessions
- NAY:
- Mayor Linda Hudson, Commissioner Jeremiah Johnson, Commissioner Thomas Perona
Failed
d.
Resolution 19-R35 Revising Quasi-Judicial Procedures
City Clerk Linda Cox introduced the resolution, read by title only, into the record.
RESOLUTION NO. 19-R35 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; ESTABLISHING QUASI-JUDICIAL PROCEDURES FOR THE CITY COMMISSION; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Pete Sweeney confirmed this resolution is simply and effort to clean up the existing procudures.
RESOLUTION NO. 19-R35 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; ESTABLISHING QUASI-JUDICIAL PROCEDURES FOR THE CITY COMMISSION; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Pete Sweeney confirmed this resolution is simply and effort to clean up the existing procudures.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Jeremiah Johnson approve Resolution 19-R35.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
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.
Rick Reed
Diana Voss
Duane Henry
Jay Alfred, Jr.
Eddie Latur
Nancy Baptell
Joseph Dillard, III
Diana Voss
Duane Henry
Jay Alfred, Jr.
Eddie Latur
Nancy Baptell
Joseph Dillard, III
15.
COMMENTS FROM THE CITY MANAGER
City Manager Nick Mimms and City Attorney Pete Sweeney had no comments.
a.
July 1, 2019 Purchase Order Report
16.
COMMENTS FROM THE COMMISSION
Commissioner Perona had no comment.
Commissioner Sessions suggested that Mr. Mimms meet with the promoter of the Sunrise City Music Festival.
Commissioner Alexander had no comment.
Commissioner Johnson had no comment.
Mayor Hudson said everyone did a great job at the Chilli Cook-Off.
Commissioner Sessions suggested that Mr. Mimms meet with the promoter of the Sunrise City Music Festival.
Commissioner Alexander had no comment.
Commissioner Johnson had no comment.
Mayor Hudson said everyone did a great job at the Chilli Cook-Off.
17.
ADJOURNMENT
Mayor Hudson adjourned the meeting at 9:10 p.m.
ATTEST:
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CITY CLERK
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MAYOR COMMISSIONER
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