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 6:00 P.M. ON MONDAY, MAY 3, 2021.
1.
CALL TO ORDER
Mayor Hudson called the May 3, 2021 Regular Meeting of the City Commission to order at 6:00 PM.
2.
OPENING PRAYER - Pastor Arndrea Dampier, Fresh Wind Fresh Fire
3.
PLEDGE OF ALLEGIANCE
4.
ROLL CALL
- Present:
- Commissioner Rufus Alexander; Commissioner Curtis Johnson, Jr.; Commissioner Jeremiah Johnson; Commissioner Thomas Perona; Mayor Linda Hudson
- Staff Present:
-
- City Clerk Linda Cox
- City Manager Nicholas Mimms
- City Attorney Peter Sweeney
Commissioner Alexander participated by telephone.
5.
APPROVAL OF MINUTES
a.
Approval of Minutes from the April 19, 2021 Regular Meeting
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Curtis Johnson, Jr. to approve the minutes from the April 19, 2021 Regular Meeting.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
6.
PROCLAMATIONS
a.
Fort Pierce Inlet 100th Anniversary
b.
Mental Health Awareness Month Proclamation being received by Debbie Hawley of New Horizons.
7.
LETTERS TO COMMISSION
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.
Reginald Sessions
Aisha Nash
Susan Baker
Aisha Nash
Susan Baker
9.
ADDITIONS OR DELETIONS TO AGENDA AND APPROVAL OF AGENDA
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Jeremiah Johnson to approve and set the agenda.
- AYE:
- Commissioner Rufus Alexander, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
10.
MISCELLANEOUS REPORTS
a.
Presentation of Lincoln Park Main Street's recommendation for honorees of bronze plaque at NW Pioneers Park
City Manager Nick Mimms introduced Mrs. Pamela Carrithers. Pamela Carrithers presented criteria, matrix, and procedures for nominees and honorees of the bronze plaque at NW Pioneers Park.
11.
CONSENT AGENDA
a.
Approval of the Interlocal Agreement for the Downtown Fort Pierce Smart City Initiative between the Fort Pierce Utilities Authority, the City of Fort Pierce, and the Fort Pierce Redevelopment Agency.
b.
Approve purchase from SHI., Somerset, NJ for Microsoft O365 licenses and Azure AD for Fort Pierce Police Department in the amount not to exceed $67,617.60.
c.
Approval of NUE Urban Concepts scope of services in the amount of $174,125.00 for development of a combined mobility plan and mobility fee for the City of Fort Pierce.
d.
Approval of Communitywide Council Recommendation for the program year 2020-2021 Public Service Grant Awards to five (5) entities in the total amount of $23K.
e.
Approve staff recommendation in response to request to reduce lot clearing fees in the amount of $809.04 against 1501 Avenue J, Fort Pierce, FL, Parcel ID # 2404-810-0007-000/2 owned by Kenneth Mills and Albert Russo, by waiving the interest, penalties and administrative costs in the amount of $234.04 leaving a balance due of $575.00 payable in 60 days.
Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Jeremiah Johnson to approve the consent agenda.
- AYE:
- Commissioner Rufus Alexander, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
12.
PUBLIC HEARINGS
a.
Resolution No. 21-R25 and Quasi-Judicial Hearing – A hearing to allow the owners and/or parties of interest in the property identified as 515 N 14th Street to show cause why the structure located on the premises should not be condemned and demolished.
City Clerk Linda Cox introduced the Resolution, read by title only, into record.
Resolution 21-R25
A RESOLUTION DETERMINING THAT A CERTAIN BUILDING OR STRUCTURE LOCATED AT 515 NORTH 14TH STREET 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 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.
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.
Finally, no one should approach any member on the Commission on the Dioceses, City Attorney, or City Clerk during the hearing. If documents are to be given to the City Clerk please give them to the Sergeant at Arms, which are either of the two police officers in the Chamber.
Mayor Linda Hudson called the proceeding to order.
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 Rufus Alexander - No
Commissioner Curtis Johnson Jr–No.
Commissioner Jeremiah Johnson - No.
Commissioner Thomas Perona – No
Mayor Hudson – No.
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 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.
Code Compliance Manager Peggy Arraiz presented the history leading to the determination of Condemnation and Demolition. As of 04/23/2021 Demolition permit 21-2552 is still in plan check. Notices were sent to all involved parties including the current owner. There is no code enforcement activity other than the condemnation. This property is considered historic. Actions that may be taken by the City Commission are:
Approve the Resolution for Demolition
Amend
Deny
Commissioner Curtis Johnson, Jr. inquired if the demolition permit from 2020 was for the same contractor for 2021. He requested clarification if the process was discontinued because the property was deemed historical. Mrs. Arraiz stated that she was unaware if this is the same contractor and verified that the property has been approved as historical.
Commissioner Jeremiah Johnson inquired if the plans submitted by the applicant are part of the demolition permit and if FPUA has any involvement. He also requested confirmation on the structure of the home. Mrs. Arraiz responded that the demolition permit is the only item submitted, and that there are no utilities provided to the property. She also conformed that the home is concrete block.
Commissioner Thomas Perona requested clarification of the demolition permit process timeline. Mrs. Arraiz explained that they are given sixty (60) days to complete the work. Once the work is completed there is no other timeline.
Commissioner Rufus Alexander inquired if the property and structure are insured.
Mayor Linda Hudson inquired about historic preservation. Mrs. Arraiz explained the Commission comes first because this is an issue of life, health, and safety. The Commission has the option to approve demolition, amend changes such as dates, table the matter, or deny completely.
Mayor Linda Hudson opened the public hearing.
Eugene Brown, owner, communicated that he was held up due to Covid 19 and issues with the architect but is prepared to move forward. His goal is to have the property completed in one year if the Commission will grant him the time.
Commissioner Jeremiah Johnson inquired if issues with the architect had been resolved. Also asked to confirm if the structure was CBS block and the flooring material. Mr. Brown stated that this is a new architect and confirmed home is CBS block. He also clarified that the floors are wood but plans to cover with concrete.
Commissioner Thomas Perona inquired as to the applicants expected completion date. Mr. Brown does not have a specific date in mind but has a goal for one year if the Commission approves.
Commissioner Curtis Johnson inquired if the plan was demolition with the four walls remaining with plans to move forward thereafter.
City Manager Nick Mimms responded to a question raised by Commissioner Jeremiah Johnson if the home can be built on a non-conforming lot. This is a platted non-conforming lot which allows the house to be built as it sits currently.
Seeing no one else, she closed the public hearing.
Resolution 21-R25
A RESOLUTION DETERMINING THAT A CERTAIN BUILDING OR STRUCTURE LOCATED AT 515 NORTH 14TH STREET 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 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.
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.
Finally, no one should approach any member on the Commission on the Dioceses, City Attorney, or City Clerk during the hearing. If documents are to be given to the City Clerk please give them to the Sergeant at Arms, which are either of the two police officers in the Chamber.
Mayor Linda Hudson called the proceeding to order.
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 Rufus Alexander - No
Commissioner Curtis Johnson Jr–No.
Commissioner Jeremiah Johnson - No.
Commissioner Thomas Perona – No
Mayor Hudson – No.
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 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.
Code Compliance Manager Peggy Arraiz presented the history leading to the determination of Condemnation and Demolition. As of 04/23/2021 Demolition permit 21-2552 is still in plan check. Notices were sent to all involved parties including the current owner. There is no code enforcement activity other than the condemnation. This property is considered historic. Actions that may be taken by the City Commission are:
Approve the Resolution for Demolition
Amend
Deny
Commissioner Curtis Johnson, Jr. inquired if the demolition permit from 2020 was for the same contractor for 2021. He requested clarification if the process was discontinued because the property was deemed historical. Mrs. Arraiz stated that she was unaware if this is the same contractor and verified that the property has been approved as historical.
Commissioner Jeremiah Johnson inquired if the plans submitted by the applicant are part of the demolition permit and if FPUA has any involvement. He also requested confirmation on the structure of the home. Mrs. Arraiz responded that the demolition permit is the only item submitted, and that there are no utilities provided to the property. She also conformed that the home is concrete block.
Commissioner Thomas Perona requested clarification of the demolition permit process timeline. Mrs. Arraiz explained that they are given sixty (60) days to complete the work. Once the work is completed there is no other timeline.
Commissioner Rufus Alexander inquired if the property and structure are insured.
Mayor Linda Hudson inquired about historic preservation. Mrs. Arraiz explained the Commission comes first because this is an issue of life, health, and safety. The Commission has the option to approve demolition, amend changes such as dates, table the matter, or deny completely.
Mayor Linda Hudson opened the public hearing.
Eugene Brown, owner, communicated that he was held up due to Covid 19 and issues with the architect but is prepared to move forward. His goal is to have the property completed in one year if the Commission will grant him the time.
Commissioner Jeremiah Johnson inquired if issues with the architect had been resolved. Also asked to confirm if the structure was CBS block and the flooring material. Mr. Brown stated that this is a new architect and confirmed home is CBS block. He also clarified that the floors are wood but plans to cover with concrete.
Commissioner Thomas Perona inquired as to the applicants expected completion date. Mr. Brown does not have a specific date in mind but has a goal for one year if the Commission approves.
Commissioner Curtis Johnson inquired if the plan was demolition with the four walls remaining with plans to move forward thereafter.
City Manager Nick Mimms responded to a question raised by Commissioner Jeremiah Johnson if the home can be built on a non-conforming lot. This is a platted non-conforming lot which allows the house to be built as it sits currently.
Seeing no one else, she closed the public hearing.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Curtis Johnson, Jr. to approve Resolution 21-R25 with the following conditions: Owner shall remove the roof structure and interior walls within 45 days of demolition permit issuance; owner shall submit plans and a building permit application for reconstruction within 60 days from the date of this hearing on May 3, 2021; and owner shall cause the first building inspection to occur within 45 days after reconstruction building permit is issued.
- AYE:
- Commissioner Rufus Alexander, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
b.
Legislative Hearing - Ordinance 21-004 - extending the territorial limits of the City of Fort Pierce, to include two (2) properties at or near 2398 Peters Road in Fort Pierce, Florida. FIRST READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into record.
ORDINANCE NO. 21-004
AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE TWO (2) PARCELS AT OR NEAR 2398 PETERS ROAD IN FORT PIERCE, FLORIDA AND SHOWN ON EXHIBIT A; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF JANUARY 1, 2021; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; ESTABLISHING THE ZONING DESIGNATION; ESTABLISHING THE LAND USE DESIGNATION; DIRECTING FILING OF THE ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT AND CHIEF ADMINISTRATIVE OFFICER OF ST. LUCIE COUNTY; DIRECTING REVISION OF THE CHARTER BOUNDARY ARTICLE TO BE FILED WITH THE DEPARTMENT OF STATE AND SUBMITTED TO THE OFFICE OF ECONOMIC AND DEMOGRAPHIC RESEARCH; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Planner Brandon Creagan presented an overview of the approval of annexation. Staff recommends approval of the annexation as it meets the standards of the City’s Comprehensive Plan, specifically Policy Section 1.11. Planning staff recommends approval.
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
ORDINANCE NO. 21-004
AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE TWO (2) PARCELS AT OR NEAR 2398 PETERS ROAD IN FORT PIERCE, FLORIDA AND SHOWN ON EXHIBIT A; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF JANUARY 1, 2021; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; ESTABLISHING THE ZONING DESIGNATION; ESTABLISHING THE LAND USE DESIGNATION; DIRECTING FILING OF THE ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT AND CHIEF ADMINISTRATIVE OFFICER OF ST. LUCIE COUNTY; DIRECTING REVISION OF THE CHARTER BOUNDARY ARTICLE TO BE FILED WITH THE DEPARTMENT OF STATE AND SUBMITTED TO THE OFFICE OF ECONOMIC AND DEMOGRAPHIC RESEARCH; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Planner Brandon Creagan presented an overview of the approval of annexation. Staff recommends approval of the annexation as it meets the standards of the City’s Comprehensive Plan, specifically Policy Section 1.11. Planning staff recommends approval.
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Curtis Johnson, Jr. to approve Ordinance No 21-004.
- AYE:
- Commissioner Rufus Alexander, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
c.
Legislative Hearing - Ordinance 21-012 Amending Chapter 103, Article IX, Property Maintenance Ordinance and Housing Code and creating Article XI, Mobile and Manufactured Homes. FIRST READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into record.
ORDINANCE NO. 21-012
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, AMENDING CHAPTER 103, CREATING ARTICLE XI, OF THE CODE OF ORDINANCES ENTITLED "MOBILE AND MANUFACTURED HOMES"; PROVIDING FOR ADOPTION OF THE FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES MOBILE/MANUFACTURED HOME REPAIR AND REMODELING GUIDELINES; PROVIDING FOR APPLICABILITY AND NATURE; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE.
Building official Paul Thomas, sworn, explained the International Property Maintenance Code (IPMC) is not enforceable for mobile and manufactured homes as they are not considered structures rather vehicles. Any alternation can jeopardize the structure. This Ordinance establishes criteria based on the Department of Motor Vehicles for repair and maintenance.
Commissioner Thomas Perona inquired if there are foreseen conflicts between vehicle and structure standards. Mr. Thomas explained standards for the structures are very different.
Commissioner Curtis Johnson commented on Mr. Thomas being proactive with measures for the community.
Mayor Linda Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
ORDINANCE NO. 21-012
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, AMENDING CHAPTER 103, CREATING ARTICLE XI, OF THE CODE OF ORDINANCES ENTITLED "MOBILE AND MANUFACTURED HOMES"; PROVIDING FOR ADOPTION OF THE FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES MOBILE/MANUFACTURED HOME REPAIR AND REMODELING GUIDELINES; PROVIDING FOR APPLICABILITY AND NATURE; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE.
Building official Paul Thomas, sworn, explained the International Property Maintenance Code (IPMC) is not enforceable for mobile and manufactured homes as they are not considered structures rather vehicles. Any alternation can jeopardize the structure. This Ordinance establishes criteria based on the Department of Motor Vehicles for repair and maintenance.
Commissioner Thomas Perona inquired if there are foreseen conflicts between vehicle and structure standards. Mr. Thomas explained standards for the structures are very different.
Commissioner Curtis Johnson commented on Mr. Thomas being proactive with measures for the community.
Mayor Linda Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Thomas Perona to approve Ordinance No 21-012.
- AYE:
- Commissioner Rufus Alexander, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
d.
Legislative Hearing - Ordinance 21-013 - extending the territorial limits of the City of Fort Pierce, to include one (1) property at or near 2192 Copenhaver Road in Fort Pierce, Florida. FIRST READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into record.
ORDINANCE NO. 21-013
AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE ONE (1) PARCEL AT OR NEAR 2192 COPENHAVER ROAD IN FORT PIERCE, FLORIDA AND SHOWN ON EXHIBIT A; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF JANUARY 1, 2021; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; ESTABLISHING THE ZONING DESIGNATION; ESTABLISHING THE LAND USE DESIGNATION; DIRECTING FILING OF THE ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT AND CHIEF ADMINISTRATIVE OFFICER OF ST. LUCIE COUNTY; DIRECTING REVISION OF THE CHARTER BOUNDARY ARTICLE TO BE FILED WITH THE DEPARTMENT OF STATE AND SUBMITTED TO THE OFFICE OF ECONOMIC AND DEMOGRAPHIC RESEARCH; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Planner Brandon Creagan presented an overview of the approval of annexation. Staff recommends approval of the annexation as it meets the standards of the City’s Comprehensive Plan, specifically Policy Section 1.11. Planning staff recommends approval.
Commissioner Jeremiah Johnson inquired if staff had discussed making the street name consistent. Mr. Creagan commented that no discussion had taken place regarding the street name. City Manager Nick Mimms clarified that the roads are county, therefore would require approval to change name.
Mayor Linda Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
ORDINANCE NO. 21-013
AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE ONE (1) PARCEL AT OR NEAR 2192 COPENHAVER ROAD IN FORT PIERCE, FLORIDA AND SHOWN ON EXHIBIT A; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF JANUARY 1, 2021; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; ESTABLISHING THE ZONING DESIGNATION; ESTABLISHING THE LAND USE DESIGNATION; DIRECTING FILING OF THE ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT AND CHIEF ADMINISTRATIVE OFFICER OF ST. LUCIE COUNTY; DIRECTING REVISION OF THE CHARTER BOUNDARY ARTICLE TO BE FILED WITH THE DEPARTMENT OF STATE AND SUBMITTED TO THE OFFICE OF ECONOMIC AND DEMOGRAPHIC RESEARCH; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Planner Brandon Creagan presented an overview of the approval of annexation. Staff recommends approval of the annexation as it meets the standards of the City’s Comprehensive Plan, specifically Policy Section 1.11. Planning staff recommends approval.
Commissioner Jeremiah Johnson inquired if staff had discussed making the street name consistent. Mr. Creagan commented that no discussion had taken place regarding the street name. City Manager Nick Mimms clarified that the roads are county, therefore would require approval to change name.
Mayor Linda Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Curtis Johnson, Jr. to approve ORDINANCE NO. 21-013.
- AYE:
- Commissioner Rufus Alexander, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
13.
CITY COMMISSION
a.
Hearing on notice of appeal filed by St. Peter Lutheran Church, 2900 Jenkins Road, to appeal a decision made by the Board of Adjustment of the City of Fort Pierce on February 25, 2021, pursuant to the Fort Pierce Code of Ordinances, Sec. 125-108.
Attorney Pete Sweeney explained this is an appeal from the Board of Adjustments decision and the time for deliberation. No new evidence should be considered.
Mayor Linda Hudson inquired with the Commission regarding ex-parte communications and asked City Clerk to call the roll:
Commissioner Rufus Alexander - No
Commissioner Curtis Johnson Jr–No.
Commissioner Jeremiah Johnson - No.
Commissioner Thomas Perona – No
Mayor Hudson – Yes
Pastor Ted Rice discussed the history of his sign being removed and why the sign is needed at the requested dimensions.
Commissioner Thomas Perona inquired if rezoning had been considered.
Pastor Ted Rice responded rezoning had been considered, cost is a factor.
Mayor Linda Hudson requested clarification as to the reason the sign was removed.
Pastor Ted Rice responded the sign was removed for installation of turning lane for the charter school.
Commissioner Curtis Johnson, Jr. inquired as to the type of sign the church planned to install.
Pastor Ted Rice responded the purchased sign is digital.
Commissioner Jeremiah Johnson inquired if the base can be modified for the sign.
Pastor Ted Rice responded that the sign would be unreadable at the proposed base height.
Assistant Planning Director Rebeca Guerra provided an overview of staff recommendation that the Commission uphold the Board of Adjustments decision to deny the height variance request.
Commissioner Curtis Johnson expressed concern with potential placement of the sign and inquired on the cost of rezoning.
Rebeca Guerra explained that the sign may be affected by future expansion. In addition, the estimated cost to the church for rezoning is $10,000.
The Mayor and Commission discussed the request before them. They agreed that staff should initiate rezoning of the property and the sign variance should be granted.
Mayor Linda Hudson inquired with the Commission regarding ex-parte communications and asked City Clerk to call the roll:
Commissioner Rufus Alexander - No
Commissioner Curtis Johnson Jr–No.
Commissioner Jeremiah Johnson - No.
Commissioner Thomas Perona – No
Mayor Hudson – Yes
Pastor Ted Rice discussed the history of his sign being removed and why the sign is needed at the requested dimensions.
Commissioner Thomas Perona inquired if rezoning had been considered.
Pastor Ted Rice responded rezoning had been considered, cost is a factor.
Mayor Linda Hudson requested clarification as to the reason the sign was removed.
Pastor Ted Rice responded the sign was removed for installation of turning lane for the charter school.
Commissioner Curtis Johnson, Jr. inquired as to the type of sign the church planned to install.
Pastor Ted Rice responded the purchased sign is digital.
Commissioner Jeremiah Johnson inquired if the base can be modified for the sign.
Pastor Ted Rice responded that the sign would be unreadable at the proposed base height.
Assistant Planning Director Rebeca Guerra provided an overview of staff recommendation that the Commission uphold the Board of Adjustments decision to deny the height variance request.
Commissioner Curtis Johnson expressed concern with potential placement of the sign and inquired on the cost of rezoning.
Rebeca Guerra explained that the sign may be affected by future expansion. In addition, the estimated cost to the church for rezoning is $10,000.
The Mayor and Commission discussed the request before them. They agreed that staff should initiate rezoning of the property and the sign variance should be granted.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Rufus Alexander to grant the variance request for a 9'.2" sign.
- AYE:
- Commissioner Rufus Alexander, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
b.
Tabled from April 19, 2021 - Commission deliberations on an application for Conditional Use with No New Construction submitted by property owner, Susan Baker, and applicant, Michelle Longarzo, for Conditional Use Approval to operate a Dwelling Rental with a rental period of 30 days or less. The property is located at 1577 Thumb Point Drive and is zoned Single-Family Intermediate density zone (R-2). Parcel ID: 2401-605-0105-000-0.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Jeremiah Johnson to bring from the table.
- AYE:
- Commissioner Rufus Alexander, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
Conditional Use Deliberation
Mayor Linda Hudson voiced traffic and safety concerns.
Commissioner Curtis Johnson, Jr. commented on concerns with the lack of Competent Substantial Evidence needed to deny the request.
Commissioner Jeremiah Johnson expressed concerns with State of Florida inconsistency with law.
Commissioner Thomas Perona finds lack of Competent Substantial Evidence needed to deny the request.
Mayor Linda Hudson voiced traffic and safety concerns.
Commissioner Curtis Johnson, Jr. commented on concerns with the lack of Competent Substantial Evidence needed to deny the request.
Commissioner Jeremiah Johnson expressed concerns with State of Florida inconsistency with law.
Commissioner Thomas Perona finds lack of Competent Substantial Evidence needed to deny the request.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to deny request.
- AYE:
- Commissioner Jeremiah Johnson, Mayor Linda Hudson
- NAY:
- Commissioner Rufus Alexander, Commissioner Curtis Johnson, Jr., Commissioner Thomas Perona
Failed
Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Thomas Perona to approve with five staff recommendations.
- AYE:
- Commissioner Rufus Alexander, Commissioner Curtis Johnson, Jr., Commissioner Thomas Perona
- NAY:
- Commissioner Jeremiah Johnson, Mayor Linda Hudson
Passed
c.
Resolution 22-R20 authorizing the sale of surplus property on Cortez Boulevard (parcel ID: 2421-500-0060-000-2) to the successful bidder, Miguel Aguilar.
City Clerk Linda Cox introduced the Resolution, read by title only, into record.
RESOLUTION NO. 21-R20
A RESOLUTION OF THE CITY OF FORT PIERCE, FLORIDA, DETERMINING THE TRANSFER OF THE REAL PROPERTY COMMONLY
KNOWN AS LOTS 48 AND 50 OF MARAVILLA SUBDIVISION ON CORTEZ BOULEVARD, FORT PIERCE, FLORIDA, PREVIOUSLY DECLARED AS SURPLUS PROPERTY TO BE IN THE BEST INTEREST OF THE PUBLIC; DETERMINING THAT A BID FOR THE REAL PROPERTY FROM A THIRD PARTY PURCHASER FOR VALUE TO BE IN THE PUBLIC INTEREST, AND AUTHORIZING AND DIRECTING THE OFFICERS, ATTORNEYS AND AGENTS OF THE CITY OF FORT PIERCE TO TAKE ALL ACTIONS NECESSARY TO CARRY OUT TRANSACTIONS AND PROVIDING AN EFFECTIVE DATE.
RESOLUTION NO. 21-R20
A RESOLUTION OF THE CITY OF FORT PIERCE, FLORIDA, DETERMINING THE TRANSFER OF THE REAL PROPERTY COMMONLY
KNOWN AS LOTS 48 AND 50 OF MARAVILLA SUBDIVISION ON CORTEZ BOULEVARD, FORT PIERCE, FLORIDA, PREVIOUSLY DECLARED AS SURPLUS PROPERTY TO BE IN THE BEST INTEREST OF THE PUBLIC; DETERMINING THAT A BID FOR THE REAL PROPERTY FROM A THIRD PARTY PURCHASER FOR VALUE TO BE IN THE PUBLIC INTEREST, AND AUTHORIZING AND DIRECTING THE OFFICERS, ATTORNEYS AND AGENTS OF THE CITY OF FORT PIERCE TO TAKE ALL ACTIONS NECESSARY TO CARRY OUT TRANSACTIONS AND PROVIDING AN EFFECTIVE DATE.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Curtis Johnson, Jr. to approve RESOLUTION NO. 21-R20.
- AYE:
- Commissioner Rufus Alexander, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
d.
Resolution 21-R21 authorizing the sale of surplus property on South 11th Street to the successful bidder, KIB Construction Corp.
City Clerk Linda Cox introduced the Resolution, read by title only, into record.
RESOLUTION NO. 21-R21
A RESOLUTION OF THE CITY OF FORT PIERCE, FLORIDA, DETERMINING THE TRANSFER OF THE REAL PROPERTY COMMONLY KNOWN AS LOT 1 AND NORTH HALF OF LOT 2 OF RICHARD’S SUBDIVISION, BLOCK B, ON SOUTH 11TH STREET, FORT PIERCE, FLORIDA, PREVIOUSLY DECLARED AS SURPLUS PROPERTY TO BE IN THE BEST INTEREST OF THE PUBLIC; DETERMINING THAT A BID FOR THE REAL PROPERTY FROM A THIRD PARTY PURCHASER FOR VALUE TO BE IN THE PUBLIC INTEREST, AND AUTHORIZING AND DIRECTING THE OFFICERS, ATTORNEYS AND AGENTS OF THE CITY OF FORT PIERCE TO TAKE ALL ACTIONS NECESSARY TO CARRY OUT TRANSACTIONS AND PROVIDING AN EFFECTIVE DATE.
RESOLUTION NO. 21-R21
A RESOLUTION OF THE CITY OF FORT PIERCE, FLORIDA, DETERMINING THE TRANSFER OF THE REAL PROPERTY COMMONLY KNOWN AS LOT 1 AND NORTH HALF OF LOT 2 OF RICHARD’S SUBDIVISION, BLOCK B, ON SOUTH 11TH STREET, FORT PIERCE, FLORIDA, PREVIOUSLY DECLARED AS SURPLUS PROPERTY TO BE IN THE BEST INTEREST OF THE PUBLIC; DETERMINING THAT A BID FOR THE REAL PROPERTY FROM A THIRD PARTY PURCHASER FOR VALUE TO BE IN THE PUBLIC INTEREST, AND AUTHORIZING AND DIRECTING THE OFFICERS, ATTORNEYS AND AGENTS OF THE CITY OF FORT PIERCE TO TAKE ALL ACTIONS NECESSARY TO CARRY OUT TRANSACTIONS AND PROVIDING AN EFFECTIVE DATE.
Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Thomas Perona to approve RESOLUTION NO. 21-R21.
- AYE:
- Commissioner Rufus Alexander, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
e.
Resolution 21-R22 authorizing the sale of 1207 Avenue L to the successful bidder, Team Facey Real Estate, LLC.
City Clerk Linda Cox introduced the Resolution, read by title only, into record.
RESOLUTION NO. 21-R22
A RESOLUTION OF THE CITY OF FORT PIERCE, FLORIDA, DETERMINING THE TRANSFER OF THE REAL PROPERTY COMMONLY KNOWN AS 1207 AVENUE L, FORT PIERCE, FLORIDA, PREVIOUSLY DECLARED AS SURPLUS PROPERTY TO BE IN THE BEST INTEREST OF THE PUBLIC; DETERMINING THAT A BID FOR THE REAL PROPERTY FROM A THIRD PARTY PURCHASER FOR VALUE TO BE IN THE PUBLIC INTEREST, AND AUTHORIZING AND DIRECTING THE OFFICERS, ATTORNEYS AND AGENTS OF THE CITY OF FORT PIERCE TO TAKE ALL ACTIONS NECESSARY TO CARRY OUT TRANSACTIONS AND PROVIDING AN EFFECTIVE DATE.
RESOLUTION NO. 21-R22
A RESOLUTION OF THE CITY OF FORT PIERCE, FLORIDA, DETERMINING THE TRANSFER OF THE REAL PROPERTY COMMONLY KNOWN AS 1207 AVENUE L, FORT PIERCE, FLORIDA, PREVIOUSLY DECLARED AS SURPLUS PROPERTY TO BE IN THE BEST INTEREST OF THE PUBLIC; DETERMINING THAT A BID FOR THE REAL PROPERTY FROM A THIRD PARTY PURCHASER FOR VALUE TO BE IN THE PUBLIC INTEREST, AND AUTHORIZING AND DIRECTING THE OFFICERS, ATTORNEYS AND AGENTS OF THE CITY OF FORT PIERCE TO TAKE ALL ACTIONS NECESSARY TO CARRY OUT TRANSACTIONS AND PROVIDING AN EFFECTIVE DATE.
Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Jeremiah Johnson to approve RESOLUTION NO. 21-R22.
- AYE:
- Commissioner Rufus Alexander, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
f.
Resolution 21-R23, adopting the State Housing Initiatives Partnership (SHIP) Local Housing Assistance Plan (LHAP) for program years 2021-2022, 2022-2023, 2023-2024.
City Clerk Linda Cox introduced the Resolution, read by title only, into record.
RESOLUTION NO. 21-R23
A RESOLUTION OF THE CITY OF FORT PIERCE, FLORIDA, DETERMINING THE TRANSFER OF THE REAL PROPERTY COMMONLY KNOWN AS 1207 AVENUE L, FORT PIERCE, FLORIDA, PREVIOUSLY DECLARED AS SURPLUS PROPERTY TO BE IN THE BEST INTEREST OF THE PUBLIC; DETERMINING THAT A BID FOR THE REAL PROPERTY FROM A THIRD PARTY PURCHASER FOR VALUE TO BE IN THE PUBLIC INTEREST, AND AUTHORIZING AND DIRECTING THE OFFICERS, ATTORNEYS AND AGENTS OF THE CITY OF FORT PIERCE TO TAKE ALL ACTIONS NECESSARY TO CARRY OUT TRANSACTIONS AND PROVIDING AN EFFECTIVE DATE.
RESOLUTION NO. 21-R23
A RESOLUTION OF THE CITY OF FORT PIERCE, FLORIDA, DETERMINING THE TRANSFER OF THE REAL PROPERTY COMMONLY KNOWN AS 1207 AVENUE L, FORT PIERCE, FLORIDA, PREVIOUSLY DECLARED AS SURPLUS PROPERTY TO BE IN THE BEST INTEREST OF THE PUBLIC; DETERMINING THAT A BID FOR THE REAL PROPERTY FROM A THIRD PARTY PURCHASER FOR VALUE TO BE IN THE PUBLIC INTEREST, AND AUTHORIZING AND DIRECTING THE OFFICERS, ATTORNEYS AND AGENTS OF THE CITY OF FORT PIERCE TO TAKE ALL ACTIONS NECESSARY TO CARRY OUT TRANSACTIONS AND PROVIDING AN EFFECTIVE DATE.
Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Jeremiah Johnson to approve RESOLUTION NO. 21-R23.
- AYE:
- Commissioner Rufus Alexander, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
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.
Eugene Cochran
15.
COMMENTS FROM THE CITY MANAGER
City Manager Nick Mimms announced that City Hall is now open to the public. Thanks to the partnership with the Department of Health (DOH), over 8,700 vaccines have been administered. The Highwaymen license plate campaign has launched. Support is needed to meet the 2023 goal of 3000 vouchers. On May 6th, an in person Joint Meeting with the Board of County Commissioners will take place. Finally, the Conference Agenda meeting is scheduled for May 10, 2021.
City Attorney Peter Sweeney has no comments.
City Clerk Linda Cox has no comments.
City Attorney Peter Sweeney has no comments.
City Clerk Linda Cox has no comments.
a.
Reports
16.
COMMENTS FROM THE COMMISSION
Commissioner Rufus Alexander has no comments.
Commissioner Curtis Johnson, Jr. wished all mothers Happy Mother’s Day. He will be attending IEMO training this weekend. On April 29th he held is first Town Hall Meeting. He encouraged the Commission to continue to engage with the community.
Commissioner Thomas Perona addressed the mischaracterzation of the Commission. He expressed that we are One Fort Pierce.
Commissioner Jeremiah Johnson appreciates the positivity of One Fort Pierce. Annual meeting at the Backus House, and the Mainstreet Golf Tournament the following week.
Mayor Linda Hudson highlighted the upcoming events for the Centennial Celebration.
Commissioner Curtis Johnson, Jr. wished all mothers Happy Mother’s Day. He will be attending IEMO training this weekend. On April 29th he held is first Town Hall Meeting. He encouraged the Commission to continue to engage with the community.
Commissioner Thomas Perona addressed the mischaracterzation of the Commission. He expressed that we are One Fort Pierce.
Commissioner Jeremiah Johnson appreciates the positivity of One Fort Pierce. Annual meeting at the Backus House, and the Mainstreet Golf Tournament the following week.
Mayor Linda Hudson highlighted the upcoming events for the Centennial Celebration.
17.
ADJOURNMENT
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.
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.
Mayor Linda Hudson adjourned the meeting at 9:01 pm.
ATTEST:
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CITY CLERK
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MAYOR COMMISSIONER
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