- 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
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Jeremiah Johnson to approve the minutes from the January 21, 2020 Regular Meeting.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
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.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to approve and set the Agenda.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Jeremiah Johnson to approve Items 11a and 11e.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Rufus Alexander to approve Items 11b, 11c, and 11d.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
RESOLUTION NO. 20-R09
A RESOLUTION DETERMINING THAT A CERTAIN BUILDING OR STRUCTURE LOCATED AT 913 AVENUE B IN FORT PIERCE, FLORIDA 34950 IS UNSAFE AND A NUISANCE THAT CONSTITUTES A MENACE TO THE BUSINESS, HEALTH AND SAFETY OF THE COMMUNITY; AND THAT SAID BUILDING OR STRUCTURE SHALL BE CONDEMNED AND DEMOLISHED; DECLARING THE PARTIES OF INTEREST WERE PROVIDED THE OPPORTUNITY TO BE HEARD AND ARE RESPONSIBLE FOR THE REMOVAL OF THE BUILDING OR STRUCTURE; AND ORDERING THE CITY OF FORT PIERCE TO PROCEED WITH SUCH REMOVAL AND PLACE A LIEN UPON THE PROPERTY IDENTIFIED IF COMPLETED BY THE CITY OF FORT PIERCE; PROVIDING FOR APPEAL; PROVIDING FOR NOTICE TO ALL PARTIES; AND PROVIDING FOR AN EFFECTIVE DATE
Mayor Linda 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 City Commission that they serve in both a legislative and quasi-judicial role. When acting as a legislative body, the commission engages in law-making activity by passing laws and establishing policies. When acting as a quasi-judicial body, the commission applies those laws and policies and is held to stricter procedural requirements.
Quasi-judicial proceedings are less formal than proceedings before a circuit court but are more formal than the normal commission meeting. Quasi-judicial proceedings must follow basic standards of notice and due process; and, decisions must be made based on competent substantial evidence.
Therefore, Commissioners have a duty to conduct the quasi-judicial proceedings more like judges than legislators. That is why the commission has established the uniform procedures for quasi-judicial hearings that will be followed this evening.
Mayor Linda 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 and asked City Clerk to call the roll:
Commissioner Alexander - yes.
Commissioner Johnson - none.
Commissioner Perona - none.
Commissioner Sessions - none.
Mayor Hudson – none.
Mayor Linda Hudson opened the public hearing.
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.
Staff Presentation: Ms. Peggy Arriaz, Code Compliance Manager was present. Ms. Arriaz has a presentation ready; however, due to a development on Friday afternoon, she is requesting this hearing be postponed for sixty (60) days. Ms. Arriaz spoke to the demolition contractor who has been contracted by the property owner for the demolition and removal of the building. This time extension will allow time for the permit application process and any pre-demolition remediation that may be required by law.
Property Owner, Mr. R. Duke Nelson, was present and confirmed to the City Commission that he has entered into a contract with L.E.B. Demolition & Consulting Contractors, Inc. to demolish the structure he owns at 913 Avenue B. In the future, Mr. Nelson plans to develop the land in an effort to make Fort Pierce a better place to live. Mr. Nelson is requesting the extension on this hearing to allow him time to have the demolition completed.
Public comment: None
Mayor Hudson closed the public hearing.
Motion was made by Commissioner Reginald Sessions, seconded by Commissioner Rufus Alexander to postpone this hearing at the recommendation of Staff.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
ORDINANCE NO. 20-001
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FORT PIERCE, FLORIDA; AMENDING CHAPTER 2 - ADMINISTRATION, ARTICLE XIII – MUNICIPAL CODE ENFORCEMENT; AMENDING SECTION 2-244 – ENFORCEMENT PROCEDURE TO REFERENCE STATE STATUTE 162; DELETING SECTION 2-247 – ADMINISTRATIVE FINES; LIENS; DELETING SECTION 2-248 – DURATION OF LIEN; DELETING SECTION 2-249 – APPEALS; DELETING SECTION 2-250 – NOTICES; RE-NUMBERING SECTION 2-251 PROVISIONS OF ARTICLE SUPPLEMENTAL; AMENDING CHAPTER 2, ARTICLE XIII.5 – SUPPLEMENTAL MUNICIPAL CODE ENFORCEMENT PROCEDURES; AMENDING SECTION 2-260 (B) CLASSES OF VIOLATIONS; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; 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 Rufus Alexander, seconded by Commissioner Jeremiah Johnson to approve Item 12b, Ordinance 20-001.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
ORDINANCE NO. 20-002
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FORT PIERCE, FLORIDA; AMENDING CHAPTER 12 PARKS, RECREATION AND SPECIAL EVENTS, ARTICLE I - GENERAL, SECTION 12-101 ENFORCEMENT AND PENALTIES BY AMENDING THE TITLE AND THE ENFORCEMENT AUTHORITY, PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. SECOND READING
RESOLUTION NO. 20-R08
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 Thomas Perona to approve Item 12c, Ordinance 20-002.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
.
RESOLUTION NO. 20-R08
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, CERTIFYING THE APPOINTMENT OF DERRICK GIBBONS TO THE POLICE COMMUNITY ADVISORY COMMITTEE; PROVIDING FOR AN EFFECTIVE DATE.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to approve Resolution 20-R08 and appoint Derrick Gibbons to the Police Community Advisory Committee as Commissioner Perona’s appointee.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
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.
Alvin Turner
Rick Reed
Mr. Mimms commented that the next Conference Agenda will be held on February 10, 2020. Items to be included on the agenda are: Jaycee Park no-wake zone; feedback from the Engineering and Police Departments regarding speed issues on Indian River Drive; a new Delaware Avenue cross section; Indian Hills Golf Course financial sustainability plan; license agreements for non-motorized watercraft and bicycle rentals which are coming to an end; Northwest Pioneer’s Park; potential fitness station at the intersection of Indian River Drive and Seaway Drive; and, a Sunrise Theatre update. On February 15, 2020 will be the Moore’s Creek Quarterly Cleanup; and also the 5th Annual Highwayman Art Show and Festival.
City Attorney Peter Sweeney had no updates.
Commissioner Sessions commented on how beneficial the Strategic Planning Event was. It is great to see the previous planning session items coming to fruition. Commissioner Sessions was pleased with Staff and Department Heads' contributions and input on the plan. Commissioner Sessions also commented on the improvement of the county unemployment rate. There are plenty of available jobs out there and everyone should be working. The 5th Annual City of Fort Pierce Job Fair was a great event.
Commissioner Alexander commented that the Strategic Planning Event was fruitful. Commissioner Alexander expressed that the entire city needs to be included when discussing improvements. Commissioner Alexander is disappointed that the Lincoln Park Theatre has not been included, and they should be provided with similar financial assistance just like the Sunrise Theatre or golf course. Mr. Mimms commented that the Lincoln Park Theatre has been invited to attend the April FPRA meeting. Commissioner Alexander also requested the Police Community Advisory Committee come before the City Commission to give a status report along with an attendance report.
Commissioner Johnson commented that on February 13, 2020, there will be a South Beach Association meeting. Kim Delaney from the Treasure Coast Regional Planning Council will be the guest speaker. Commissioner Johnson has some upcoming meeting conflicts: February 05, 2020, for the Treasure Coast Council of Local Governments which Mayor Hudson will attend as the alternate; and, February 05, 2020, the Transportation Planning Organization meeting which Commission Sessions will attend as the alternate.
Mayor Hudson spoke with a representative from the VA Medical Center at the 5th Annual City of Fort Pierce Job Fair. They are always successful at our event in assisting our local Veterans and helping with job placement. Mayor Hudson is excited about the upcoming Highwayman Festival and the Moore’s Creek Cleanup. Mayor Hudson would like to acknowledge the SWORD and the Marine Cleanup Initiative for all they do in our community.
Immediately following adjournment, please move toward the doors and exit the chambers. This allows for the safe and courteous exit of all persons, and those on the dais. Conversations after the meeting should be held outside of chambers, in the foyer or elsewhere, but not in the commission chambers where lights will be out as soon as the chambers are empty.
| ____________________________ | _________________________________ |
|
CITY CLERK
|
MAYOR COMMISSIONER
|