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 4:30 P.M. ON MONDAY, August 16, 2021.
1.
CALL TO ORDER
2.
OPENING PRAYER - Rev. Mary Sirmons, Greater St. James Missionary Baptist Church
3.
PLEDGE OF ALLEGIANCE
4.
ROLL CALL
- Present:
- Commissioner Curtis Johnson, Jr.; Commissioner Jeremiah Johnson; Commissioner Thomas Perona; Mayor Linda Hudson
- Staff Present:
-
- City Clerk Linda Cox
- City Manager Nicholas Mimms
- Interim City Attorney Tanya Earley
5.
APPROVAL OF MINUTES
a.
Approval of minutes from the August 2, 2021 regular meeting.
Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Jeremiah Johnson to approve the minutes of the August 2, 2021 Regular Meeting.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
6.
PROCLAMATIONS
a.
Commissioner Rufus Jerry "Butch" Alexander
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.
Michael Jenkins
9.
ADDITIONS OR DELETIONS TO AGENDA AND APPROVAL OF AGENDA
10.
MISCELLANEOUS REPORTS
a.
Presentation of Home Rule Hero Award to Mayor Hudson by Councilwoman Caraballo, Treasure Coast Regional League of Cities, and brief presentation on Home Rule and Advocacy efforts.
Mayor Linda Hudson was presented with the Home Rule Hero Award by Councilwoman Jolien Caraballo, Treasure Coast Regional League of Cities.Councilwoman Caraballo discussed the importance of local advocacy with our legislators.
b.
Presentation of recommendations by Police Community Advisory Committee
Charlie Hayek, Police Community Advisory Committee, presented an update on the City of Fort Pierce Community Satisfaction Survey.
Commissioner Jeremiah Johnson inquired as to the proposed formats used to reach the community, and if standard mail had been considered for distribution.
Mr. Hayek explained that the original plan, which was to present the survey at local churches and community centers was affected by the pandemic causing PCAC to rely on online surveys. Due to the limited budget mailing surveys was not considered.
Commissioner Perona inquired what will be done with the collected data. Mr. Hayek explained that the findings will be presented to the Police Chief
Commissioner Curtis Johnson posed concern with proper representation and feedback. Mr. Hayek explained with the introduction of the Rich House access to the survey may increase. Pinkie Herdley responded that better community engagement is in planning.
Commissioner Jeremiah Johnson inquired as to the proposed formats used to reach the community, and if standard mail had been considered for distribution.
Mr. Hayek explained that the original plan, which was to present the survey at local churches and community centers was affected by the pandemic causing PCAC to rely on online surveys. Due to the limited budget mailing surveys was not considered.
Commissioner Perona inquired what will be done with the collected data. Mr. Hayek explained that the findings will be presented to the Police Chief
Commissioner Curtis Johnson posed concern with proper representation and feedback. Mr. Hayek explained with the introduction of the Rich House access to the survey may increase. Pinkie Herdley responded that better community engagement is in planning.
c.
Third Quarter Financial Report
Director of Finance, Johnna Morris presented the third quarter financial report.
11.
CONSENT AGENDA
a.
Approve request from the Fort Pierce Police Department Charitable Trust, Inc. to initiate an Open Call for Submissions for the Naming of a Facility identified as the small park area at the SW corner of vacant property across from the FPPD Main Station at 920 S US Highway 1.
b.
Approval of Agreement for Purchase and Development of Fisherman's Wharf with Pierce 1 Marina, LLC which was approved by the FPRA Board on August 10, 2021.
c.
Approval of Change Order No. 2 to Bid No. 2020-044 Street Resurfacing Program for CW Roberts Contracting, Inc. in the amount of $44,000.00 for the construction of traffic calming speed tables on Bayshore Drive.
d.
Approval of FEMA Hazard Mitigation Grant Agreement modification #1 for the North 17th Street (Orange Ave to Ave D) Drainage Improvements Project.
Commissioner Jeremiah Johnson pulled item 11 b.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Curtis Johnson, Jr. to approve items 11 a, 11 c and 11 d.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
As to item 11 b
Commissioner Jeremiah Johnson inquired as to the agreement and what is being done to ratify it.
City Manager Nick Mimms explained that the original proposal contemplated a lease. After negotiations, an agreement was approved as a purchase at the cost of five million dollars. The proceeds would be used for capital improvements as approved by FPRA board. There is a due diligence period of 120 days after the effective date and 270 days for acquisition to ensure the vision is realized.
Commissioner Jeremiah Johnson inquired as to the City being the regulatory agency would the group have to come before the Commission for development applications. Mr. Mimms replied that they would have to do so.
Mayor Hudson inquired if safeguards where in place. Mr. Mimms explained that a clause had been included in the deed and will be removed upon performance bonding.
Commissioner Jeremiah Johnson inquired as to the agreement and what is being done to ratify it.
City Manager Nick Mimms explained that the original proposal contemplated a lease. After negotiations, an agreement was approved as a purchase at the cost of five million dollars. The proceeds would be used for capital improvements as approved by FPRA board. There is a due diligence period of 120 days after the effective date and 270 days for acquisition to ensure the vision is realized.
Commissioner Jeremiah Johnson inquired as to the City being the regulatory agency would the group have to come before the Commission for development applications. Mr. Mimms replied that they would have to do so.
Mayor Hudson inquired if safeguards where in place. Mr. Mimms explained that a clause had been included in the deed and will be removed upon performance bonding.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to approve item 11 b.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
12.
PUBLIC HEARINGS
a.
Presentation and Public Hearing on the 2021 Annual Action Plan Draft.
Sheila Wise, Grants Reporting Specialist, presented the Annual Action Plan from the Community Development Block Grant (CDBG). On July 19, 2021, a public hearing was held on the 2020 Action Plan. The City has received $574,173 from HUD with the proposed spending of $110,000 on Economic Development, $60,000 Public Services and Owner-Occupied Housing Rehab Assistance, $50,000 Public Facilities, $179,339 Neighborhood Revitalization, and $114,834 for Program Administration.
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
b.
Quasi-Judicial Hearing - Application for Conditional Use with No New Construction submitted by Property Owner, School Board of St. Lucie County Florida, and Representative, HJA Design Studio, to operate a self-storage business at 4204 Okeechobee Road in Fort Pierce, FL. The property is zoned General Commercial Zone (C-3). Parcel ID: 2418-434-0001-000-9
City Clerk Linda Cox introduced the application for Conditional Use with No New Construction submitted by Property Owner, School Board of St. Lucie County Florida, and Representative, HJA Design Studio, to operate a self-storage business at 4204 Okeechobee Road in Fort Pierce, FL.
Mayor Linda Hudson asked all present to listen carefully to what Interim City Attorney Tanya Earley would read regarding Quasi-Judicial Hearings as they apply to all subsequent Quasi-Judicial Hearings tonight.
Tanya Earley, Interim City Attorney, reviewed the quasi-judicial hearing rules and procedures.
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 Curtis Johnson Jr - Yes
Commissioner Jeremiah Johnson - Yes
Commissioner Thomas Perona - Yes
Mayor Hudson –Yes
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.
Staff Presentation:
Senior Planner Brandon Creagan, sworn, presented the request for Conditional Use at 4204 Okeechobee Rd.
• Staff recommends Approval of the request
Consistent with the surrounding uses and zoning.
Consistent with Section 125-237 of the City Code & the Comprehensive Plan.
Does not adversely affect the public health, safety, convenience and general welfare. Planning Board voted 6-0 to recommend approval of the request.
The requested Application for Conditional Use with No New Construction meets the criteria specified in Section 125-237 of the City Code, the Comprehensive Plan, and does not adversely affect the public health, safety, convenience, and general welfare. Therefore, Planning Staff recommends APPROVAL of the project as presented subject to the following condition:
This structure was damaged during Hurricane Irma in 2017 and to date a substantial damage determination was not completed, pursuant to section 109.5 (d) of the City of Fort Pierce Code of Ordinances. The applicant shall coordinate and complete an inspection of the structure with the Building Department within 7 days of City Commission approval. If it determined that the structure is substantially damaged and/or has been improved the structure shall comply with current flood regulations prior to the issuance of a Building Permit. All permitting for this tenant improvement project shall be submitted to the Fort Pierce Building Department for review and approval.
Commission question for Staff:
Commissioner Jeremiah Johnson inquired of Paul Thomas, Building Official what the inspection entailed, and did the flood mitigation process from the previous owner cover the exterior.
Mr. Thomas explained that the inspection was to verify federal required flood requirements had been met.
Mayor Hudson inquired if this condition satisfies a federal requirement ; to which Mr. Thomas responded that it does.
Commissioner Curtis Johnson inquired if the inspection would determine the surety of the structure’s foundation. Mr Thomas explained that structural evaluations are handled by a third-party engineer to prevent City risk and responsibility. This determination is strictly for flood mitigation.
Commissioner Perona inquired if the subject site included parking. Mr. Creagan replied that shared parking is included.
Applicant questions for Staff: None
Applicant presentation: Michael Houston, HJA Design Studio presented Marty Sanders with the St. Lucie School Board. Mr. Sanders explained that the school board has its own building department and will provide the required information to the applicant to meet staff's recommendation. This may take more than the seven days allotted in the condition. The applicant is aware permitting for any renovations must be completed with the City.
Commission questions for applicant:
Commissioner Perona inquired of the number of facility employees and had the out parcel been considered for parking.
Mr. Houston explained that there are limitations because of the association, but that it may be considered in the future.
Mayor Hudson opened the public hearing,
Seeing no one, she closed the public hearing.
Mayor Hudson inquired of Mr. Thomas if seven days was acceptable to meet staff recommendations.
Mr. Thomas explained that language was included in the conditions because the property falls under two jurisdictions. Secondly, he is the only Flood Plain Administrator for this district and any work done must be reported to the State and Federal Government by the City of Fort Pierce. He is comfortable with seven to twenty-one days but recommends sooner rather than later.
Commission Comments:
Commissioner Jeremiah Johnson commented that he wants to ensure that the site plan details are completed, specifically landscaping and lighting.
Commissioner Perona commented that he originally had issue with the property being used for storage, but after information from the applicant and Mr. Thomas he sees the economic benefits of it.
Commissioner Curtis Johnson commented that he appreciated the creativity of the property use, the master plan HOA, and getting the property back on the tax roll.
Mayor Hudson echoed Commissioner Curtis Johnson’s on getting the property back on the tax roll.
Mayor Linda Hudson asked all present to listen carefully to what Interim City Attorney Tanya Earley would read regarding Quasi-Judicial Hearings as they apply to all subsequent Quasi-Judicial Hearings tonight.
Tanya Earley, Interim City Attorney, reviewed the quasi-judicial hearing rules and procedures.
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 Curtis Johnson Jr - Yes
Commissioner Jeremiah Johnson - Yes
Commissioner Thomas Perona - Yes
Mayor Hudson –Yes
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.
Staff Presentation:
Senior Planner Brandon Creagan, sworn, presented the request for Conditional Use at 4204 Okeechobee Rd.
• Staff recommends Approval of the request
Consistent with the surrounding uses and zoning.
Consistent with Section 125-237 of the City Code & the Comprehensive Plan.
Does not adversely affect the public health, safety, convenience and general welfare. Planning Board voted 6-0 to recommend approval of the request.
The requested Application for Conditional Use with No New Construction meets the criteria specified in Section 125-237 of the City Code, the Comprehensive Plan, and does not adversely affect the public health, safety, convenience, and general welfare. Therefore, Planning Staff recommends APPROVAL of the project as presented subject to the following condition:
This structure was damaged during Hurricane Irma in 2017 and to date a substantial damage determination was not completed, pursuant to section 109.5 (d) of the City of Fort Pierce Code of Ordinances. The applicant shall coordinate and complete an inspection of the structure with the Building Department within 7 days of City Commission approval. If it determined that the structure is substantially damaged and/or has been improved the structure shall comply with current flood regulations prior to the issuance of a Building Permit. All permitting for this tenant improvement project shall be submitted to the Fort Pierce Building Department for review and approval.
Commission question for Staff:
Commissioner Jeremiah Johnson inquired of Paul Thomas, Building Official what the inspection entailed, and did the flood mitigation process from the previous owner cover the exterior.
Mr. Thomas explained that the inspection was to verify federal required flood requirements had been met.
Mayor Hudson inquired if this condition satisfies a federal requirement ; to which Mr. Thomas responded that it does.
Commissioner Curtis Johnson inquired if the inspection would determine the surety of the structure’s foundation. Mr Thomas explained that structural evaluations are handled by a third-party engineer to prevent City risk and responsibility. This determination is strictly for flood mitigation.
Commissioner Perona inquired if the subject site included parking. Mr. Creagan replied that shared parking is included.
Applicant questions for Staff: None
Applicant presentation: Michael Houston, HJA Design Studio presented Marty Sanders with the St. Lucie School Board. Mr. Sanders explained that the school board has its own building department and will provide the required information to the applicant to meet staff's recommendation. This may take more than the seven days allotted in the condition. The applicant is aware permitting for any renovations must be completed with the City.
Commission questions for applicant:
Commissioner Perona inquired of the number of facility employees and had the out parcel been considered for parking.
Mr. Houston explained that there are limitations because of the association, but that it may be considered in the future.
Mayor Hudson opened the public hearing,
Seeing no one, she closed the public hearing.
Mayor Hudson inquired of Mr. Thomas if seven days was acceptable to meet staff recommendations.
Mr. Thomas explained that language was included in the conditions because the property falls under two jurisdictions. Secondly, he is the only Flood Plain Administrator for this district and any work done must be reported to the State and Federal Government by the City of Fort Pierce. He is comfortable with seven to twenty-one days but recommends sooner rather than later.
Commission Comments:
Commissioner Jeremiah Johnson commented that he wants to ensure that the site plan details are completed, specifically landscaping and lighting.
Commissioner Perona commented that he originally had issue with the property being used for storage, but after information from the applicant and Mr. Thomas he sees the economic benefits of it.
Commissioner Curtis Johnson commented that he appreciated the creativity of the property use, the master plan HOA, and getting the property back on the tax roll.
Mayor Hudson echoed Commissioner Curtis Johnson’s on getting the property back on the tax roll.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Curtis Johnson, Jr. to approve item 12 b with inspection condition extended from seven days to twenty-one days.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
c.
Quasi-Judicial Hearing - Review and approval of application for Waiver of Distance submitted by Property Owner Bamboo Palms, and Representative Architectonic Inc., to operate a 1,130 sq ft Amusement Arcade Center with 22 arcade machines at 1717 S US Highway 1 in Fort Pierce, FL. The property is zoned General Commercial Zone (C-3). Parcel ID(s): 2415-311-0004-000-3, 2415-311-0004-010-6.
City Clerk Linda Cox introduced the review and approval of application for Waiver of Distance submitted by Property Owner Bamboo Palms, and Representative Architectonic Inc., to operate a 1,130 sq ft Amusement Arcade Center with 22 arcade machines at 1717 S US Highway 1 in Fort Pierce, FL.
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 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 tell the truth, the whole truth and nothing but the truth.
Staff Presentation: Vennis Gilmore, sworn, presented the request for review and approval of application for Waiver of Distance at 1717 S US 1.
Commission Comments:
Commissioner Curtis Johnson inquired of Mr. Gilmore if the applicant will be using one of the existing bays for the business, and if there are any additional properties affected by the waiver request. Mr. Gilmore responded that the only waiver request is for proximity to other arcades.
Commissioner Perona inquired as to why there is a 1250 feet distance requirement between like business and is this due to security issues. In the future he would like Staff to speak with the Police Department concerning activity within the area. Mr. Gilmore responded that he did not have an answer to that but believes it may be to prevent clustering of arcades. In addition, the standard for review of Waiver of Distance includes police documentation.
Mr. Menard clarified that the numbers represented are from property line to property line and not as close as perceived.
Commissioner Curtis Johnson posed a possible security concern and wants to determine the model from neighboring counties.
Commission question for applicant: None
Mayor Hudson opened the public hearing
Seeing no one, she closed the public hearing.
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 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 tell the truth, the whole truth and nothing but the truth.
Staff Presentation: Vennis Gilmore, sworn, presented the request for review and approval of application for Waiver of Distance at 1717 S US 1.
Commission Comments:
Commissioner Curtis Johnson inquired of Mr. Gilmore if the applicant will be using one of the existing bays for the business, and if there are any additional properties affected by the waiver request. Mr. Gilmore responded that the only waiver request is for proximity to other arcades.
Commissioner Perona inquired as to why there is a 1250 feet distance requirement between like business and is this due to security issues. In the future he would like Staff to speak with the Police Department concerning activity within the area. Mr. Gilmore responded that he did not have an answer to that but believes it may be to prevent clustering of arcades. In addition, the standard for review of Waiver of Distance includes police documentation.
Mr. Menard clarified that the numbers represented are from property line to property line and not as close as perceived.
Commissioner Curtis Johnson posed a possible security concern and wants to determine the model from neighboring counties.
Commission question for applicant: None
Mayor Hudson opened the public hearing
Seeing no one, she closed the public hearing.
Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Jeremiah Johnson to approve item 12 c.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
d.
Quasi-Judicial Hearing - Review and approval of application for Conditional Use with No New Construction submitted by Property Owner, Bamboo Palms and Representative is Architectonic, Inc., to operate a 1,130 sq ft Amusement Arcade Center with 22 arcade machines at 1717 S US Highway 1 in Fort Pierce, FL. The property is zoned General Commercial Zone (C-3). Parcel ID(s): 2415-311-0004-000-3, 2415-311-0004-010-6.
City Clerk Linda Cox introduced the Review and approval of application for Conditional Use with No New Construction submitted by Property Owner, Bamboo Palms and Representative is Architectonic, Inc., to operate a 1,130 sq ft Amusement Arcade Center with 22 arcade machines at 1717 S US Highway 1 in Fort Pierce, FL.
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 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 truth, the whole truth and nothing but the truth.
Staff Presentation: Vennis Gilmore, sworn, presented the request for approval of application for Conditional Use at 1717 S US 1.
• Staff recommends APPROVAL with three (3) conditions:
Per City Code 125-325. – Amusement Arcades and Arcade Amusement Centers.(2)(f): Amusement arcades or arcade amusement centers shall provide bicycle racks within enough stalls to accommodate one bicycle for each five game machines located within the premises. Bicycle racks shall be located as close as practical to the entrance of the facility and shall not be located in a manner that obstructs any entrances, exits, sidewalks, driveways, or parking areas. Install a bicycle rack with the minimum required spaces.
• Adhere to City Code Section 125 . 325. – Amusement Arcades and Arcade Amusement.
• A Lot Combination and Unity of Title, or Convenant in Lieu of Unity of Title of Parcel ID: 2415-311-0004-000-3 and Parcel ID: 2415-311-0004-010-6, to provide continual access for a sustainable commercial site must be completed.
Commission questions for Staff:
Commissioner Jeremiah Johnson inquired if the additional parking spaces were required by Code Enforcement and was the plan reviewed by the Solid Waste Authority and Engineering. In addition, where there any discussion on lighting ; to which Mr. Gilmore responded that they were required and were added to the rear, the plan was reviewed by both Solid Waste and Engineering, and that there was no discussion on lighting.
Commissioner Curtis Johnson inquired as to the entrance of the arcade due to the change in parking flow and has questions regarding the proposed stripping and signage ; to which Mr. Gilmore responded that he would have to defer that question to the applicant.
Mayor Hudson inquired as to the vote of the Planning Board ; to which Mr. Gilmore responded that the vote was unanimous for approval, although there were questions with the parking.
Applicant questions for Staff: None
Commission question for applicant: Mike Menard, Architectonic, sworn explained that on the north side of the building it is a one way, while the back and south side are two-way which does not change or affect Solid Waste. In addition to the parking change there will also be new site lightening which is the requirement of the ADA for life safety.
Commissioner Jeremiah Johnson inquired on the protective measures such as ballards for exit it the back of the property, and how many doors access the applicant. To which Mr. Menard responded that because of the ADA requirement additional improvements must be made and that there is only one door for back access.
Commissioner Curtis Johnson requested confirmation that site lighting will be added and inquired if signage including handicap parking be addressed in the back of the building. Mr. Menard confirmed that lighting will be added as well as traffic signage added but that handicap parking is available at the main entrance of the property.
Mr. Menard indicated an additional 22 parking spaces will be added.
Mayor Hudson opened the public hearing
Seeing no one, she closed the public hearing.
Commission Comments: None
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 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 truth, the whole truth and nothing but the truth.
Staff Presentation: Vennis Gilmore, sworn, presented the request for approval of application for Conditional Use at 1717 S US 1.
• Staff recommends APPROVAL with three (3) conditions:
Per City Code 125-325. – Amusement Arcades and Arcade Amusement Centers.(2)(f): Amusement arcades or arcade amusement centers shall provide bicycle racks within enough stalls to accommodate one bicycle for each five game machines located within the premises. Bicycle racks shall be located as close as practical to the entrance of the facility and shall not be located in a manner that obstructs any entrances, exits, sidewalks, driveways, or parking areas. Install a bicycle rack with the minimum required spaces.
• Adhere to City Code Section 125 . 325. – Amusement Arcades and Arcade Amusement.
• A Lot Combination and Unity of Title, or Convenant in Lieu of Unity of Title of Parcel ID: 2415-311-0004-000-3 and Parcel ID: 2415-311-0004-010-6, to provide continual access for a sustainable commercial site must be completed.
Commission questions for Staff:
Commissioner Jeremiah Johnson inquired if the additional parking spaces were required by Code Enforcement and was the plan reviewed by the Solid Waste Authority and Engineering. In addition, where there any discussion on lighting ; to which Mr. Gilmore responded that they were required and were added to the rear, the plan was reviewed by both Solid Waste and Engineering, and that there was no discussion on lighting.
Commissioner Curtis Johnson inquired as to the entrance of the arcade due to the change in parking flow and has questions regarding the proposed stripping and signage ; to which Mr. Gilmore responded that he would have to defer that question to the applicant.
Mayor Hudson inquired as to the vote of the Planning Board ; to which Mr. Gilmore responded that the vote was unanimous for approval, although there were questions with the parking.
Applicant questions for Staff: None
Commission question for applicant: Mike Menard, Architectonic, sworn explained that on the north side of the building it is a one way, while the back and south side are two-way which does not change or affect Solid Waste. In addition to the parking change there will also be new site lightening which is the requirement of the ADA for life safety.
Commissioner Jeremiah Johnson inquired on the protective measures such as ballards for exit it the back of the property, and how many doors access the applicant. To which Mr. Menard responded that because of the ADA requirement additional improvements must be made and that there is only one door for back access.
Commissioner Curtis Johnson requested confirmation that site lighting will be added and inquired if signage including handicap parking be addressed in the back of the building. Mr. Menard confirmed that lighting will be added as well as traffic signage added but that handicap parking is available at the main entrance of the property.
Mr. Menard indicated an additional 22 parking spaces will be added.
Mayor Hudson opened the public hearing
Seeing no one, she closed the public hearing.
Commission Comments: None
Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Jeremiah Johnson to approve item 12 d with three staff conditions.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
e.
Quasi-Judicial Hearing - Review and approval of an application for Conditional Use with New Construction submitted by Property Owner, Ocean Village POA, Inc., and Representative, Schulke, Bittle & Stoddard, LLC c/o Jodah B. Bittle, P.E., for the construction of proposed racquet court coverings to be built within the Coastal Construction Control Line (CCCL) at 2400 S Ocean Drive in Fort Pierce, FL. The property is zoned Hutchinson Island Medium Density Residential Zone, (R-4A). Parcel ID: 2507-321-0001-000-5
City Clerk Linda Cox introduced the review and approval of an application for Conditional Use with New Construction submitted by Property Owner, Ocean Village POA, Inc., and Representative, Schulke, Bittle & Stoddard, LLC c/o Jodah B. Bittle, P.E., for the construction of proposed racquet court coverings to be built within the Coastal Construction Control Line (CCCL) at 2400 S Ocean Drive in Fort Pierce, FL.
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 Curtis Johnson Jr–No
Commissioner Thomas Perona – No
Mayor Hudson – Yes
Commissioner Jeremiah Johnson - Yes
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.
Staff Presentation: Vennis Gilmore, sworn, presented the request for approval of application for Conditional Use at 2400 S Ocean Dr.
Staff recommends Approval
• Approval of Development & Design Review Applications to construct a new 6,426 sq. ft. Clubhouse with associated parking, drive aisles, landscaping, and stormwater collection.
Commission questions for Staff:
City Clerk Linda Cox inquired of Mr. Gilmores' statement that two items would be presented as the item pertaining to the racquetball covering is the only one included on the agenda and advertised. Mr. Gilmore offered his apologies for his failure to include the site plan.
Commissioner Jeremiah Johnson inquired as to the size of the proposed structure, which is 13X20.
Applicant questions for Staff: Jodah Bittle, Schulke, Bittle & Stoddard, LLC, sworn, inquired if advertisement is required to move forward with the process. City Clerk Linda Cox responded that it must be advertised.
Rebecca Guerra, Assistant Planning Director explained that the site plan review must be advertised and placed on the agenda. It can be placed on the agenda for September 7,2021. The current Conditional Use can move forward.
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
City Attorney Tanya Earley requested clarification on the advertising referencing construction within the CCCL, or seaward.
Mr. Mimms expressed that the process was done incorrectly and advised that the advertising be placed again to include to the clubhouse and racquetball cover structure.
Mayor Hudson reopened the public hearing
Barret Englert, Proctor Construction, sworn requested clarification on the postponement to September 7, 2021 and if there is anything that could be done to move forward.
Mayor Hudson closed the public hearing.
Mayor Hudson confirmed with Interim City Attorney Tanya Earley that the item should be postponed until September 7, 2021.
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 Curtis Johnson Jr–No
Commissioner Thomas Perona – No
Mayor Hudson – Yes
Commissioner Jeremiah Johnson - Yes
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.
Staff Presentation: Vennis Gilmore, sworn, presented the request for approval of application for Conditional Use at 2400 S Ocean Dr.
Staff recommends Approval
• Approval of Development & Design Review Applications to construct a new 6,426 sq. ft. Clubhouse with associated parking, drive aisles, landscaping, and stormwater collection.
Commission questions for Staff:
City Clerk Linda Cox inquired of Mr. Gilmores' statement that two items would be presented as the item pertaining to the racquetball covering is the only one included on the agenda and advertised. Mr. Gilmore offered his apologies for his failure to include the site plan.
Commissioner Jeremiah Johnson inquired as to the size of the proposed structure, which is 13X20.
Applicant questions for Staff: Jodah Bittle, Schulke, Bittle & Stoddard, LLC, sworn, inquired if advertisement is required to move forward with the process. City Clerk Linda Cox responded that it must be advertised.
Rebecca Guerra, Assistant Planning Director explained that the site plan review must be advertised and placed on the agenda. It can be placed on the agenda for September 7,2021. The current Conditional Use can move forward.
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
City Attorney Tanya Earley requested clarification on the advertising referencing construction within the CCCL, or seaward.
Mr. Mimms expressed that the process was done incorrectly and advised that the advertising be placed again to include to the clubhouse and racquetball cover structure.
Mayor Hudson reopened the public hearing
Barret Englert, Proctor Construction, sworn requested clarification on the postponement to September 7, 2021 and if there is anything that could be done to move forward.
Mayor Hudson closed the public hearing.
Mayor Hudson confirmed with Interim City Attorney Tanya Earley that the item should be postponed until September 7, 2021.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Curtis Johnson, Jr. to postpone item 12 e to September 7, 2021, to meet proper advertising requirements.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
f.
Legislative Hearing - Ordinance 21-015 seeking a Future Land Use Map Amendment for two (2) properties generally located at or near 2398 Peters Road from Mixed Use (MXD) to General Commercial (GC). SECOND READING (Adoption Hearing)
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.
ORDINANCE NO. 21-015
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 2398 PETERS ROAD FROM CITY OF FORT PIERCE MIXED USE (MXD) TO CITY OF FORT PIERCE GENERAL COMMERCIAL (GC); PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
ORDINANCE NO. 21-015
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 2398 PETERS ROAD FROM CITY OF FORT PIERCE MIXED USE (MXD) TO CITY OF FORT PIERCE GENERAL COMMERCIAL (GC); PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to approve ORDINANCE NO. 21-015.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
g.
Legislative Hearing - Ordinance 21-016 rezoning two (2) properties generally located at or near 2398 Peters Road from Residential Single Family 2 Units Per Acre (E-2) to General Commercial (C-3). SECOND READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.
ORDINANCE NO. 21-016
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; REZONING OF TWO (2) PARCELS GENERALLY LOCATED AT OR NEAR 2398 PETERS ROAD FROM CITY OF FORT PIERCE RESIDENTIAL SINGLE FAMILY 2 UNITS PER ACRE, E-2 TO CITY OF FORT PIERCE GENERAL COMMERCIAL, C-3; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
ORDINANCE NO. 21-016
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; REZONING OF TWO (2) PARCELS GENERALLY LOCATED AT OR NEAR 2398 PETERS ROAD FROM CITY OF FORT PIERCE RESIDENTIAL SINGLE FAMILY 2 UNITS PER ACRE, E-2 TO CITY OF FORT PIERCE GENERAL COMMERCIAL, C-3; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Curtis Johnson, Jr. to approve ORDINANCE NO. 21-016.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
h.
Legislative Hearing - Ordinance 21-027 - Text Amendment to Chapter 125-321: Coastal Construction Control Line (CCCL) to remove the requirement for a Conditional Use approval for structures seaward of the CCCL. FIRST READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.
ORDINANCE NO. 21-027
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FORT PIERCE, FLORIDA CHAPTER 125, ARTICLE VII, SECTION 125-321, ELIMINATING THAT SECTION IN ITS ENTIRETY FROM CHAPTER 125, ZONING; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
Staff Presentation:
Senior Planner Brandon Creagan presented Text Amendment to Chapter 125-321: Coastal Construction Control Line (CCCL) to remove the requirement for a Conditional Use approval for structures seaward of the CCCL.
Staff Analysis:
• Chapter 161, F.S., coastal communities are responsible with enforcing structures seaward of the CCCL
• ARTICLE VII: City Coastal Construction Code regulates such structures eastward of the CCCL in the Building Code
• City Code Section 125-321, requires a Conditional Use approval for structures seaward of the CCCL
• Building official is tasked with enforcement of the Florida Building Code and City Ordinances
• Coastal construction regulations are located within the Florida Building Code
• City Code Section 103-264, grants the building department the authority for professional review and physical inspection of all structures seaward of the CCCL to ensure the minimum standards for the design and construction that address design features that can affect the structural stability of the beach, dunes, and topography of adjacent properties
• Florida Building Code Section 105.3.1 provides that “If the Building Official is satisfied that the proposed work conforms to the requirements of the building Code and the laws and ordinances applicable thereto, the building office shall issue a permit therefore as soon as practicable”
• The Planning department will continue to review residential and commercial development for compliance with the zoning code through the building permit review
Staff Recommends approval
Commission question for Staff: None
Mr. Thomas gave recognition to Jennifer Hoffmeister and her staff.
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
ORDINANCE NO. 21-027
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FORT PIERCE, FLORIDA CHAPTER 125, ARTICLE VII, SECTION 125-321, ELIMINATING THAT SECTION IN ITS ENTIRETY FROM CHAPTER 125, ZONING; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
Staff Presentation:
Senior Planner Brandon Creagan presented Text Amendment to Chapter 125-321: Coastal Construction Control Line (CCCL) to remove the requirement for a Conditional Use approval for structures seaward of the CCCL.
Staff Analysis:
• Chapter 161, F.S., coastal communities are responsible with enforcing structures seaward of the CCCL
• ARTICLE VII: City Coastal Construction Code regulates such structures eastward of the CCCL in the Building Code
• City Code Section 125-321, requires a Conditional Use approval for structures seaward of the CCCL
• Building official is tasked with enforcement of the Florida Building Code and City Ordinances
• Coastal construction regulations are located within the Florida Building Code
• City Code Section 103-264, grants the building department the authority for professional review and physical inspection of all structures seaward of the CCCL to ensure the minimum standards for the design and construction that address design features that can affect the structural stability of the beach, dunes, and topography of adjacent properties
• Florida Building Code Section 105.3.1 provides that “If the Building Official is satisfied that the proposed work conforms to the requirements of the building Code and the laws and ordinances applicable thereto, the building office shall issue a permit therefore as soon as practicable”
• The Planning department will continue to review residential and commercial development for compliance with the zoning code through the building permit review
Staff Recommends approval
Commission question for Staff: None
Mr. Thomas gave recognition to Jennifer Hoffmeister and her staff.
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Jeremiah Johnson to approve ORDINANCE NO. 21-027.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
i.
Legislative Hearing - Ordinance No. 21-028 creating Chapter 12, Section12-7 of the Code of Ordinances establishing proof of residency requirements for candidates seeking the office of commissioner and/or mayor-commissioner. FIRST READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.
ORDINANCE NO. 21-028
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, AMENDING CHAPTER 12, OF THE CODE OF ORDINANCES, CREATING SEC. 12-7 ELECTION OF MAYOR AND CITY COMMISSION MEMBERS; PROVIDING FOR THE FILING OF PROOF OF RESIDENCY FOR CANDIDATES; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE.
Mrs. Cox explained that she is comfortable with the components of this ordinance.
Commissioner Curtis Johnson requested that Mrs. Cox explain the required documentation requested to run for office and inquired if this can be used as the burden of proof.
Mrs. Cox explained that at least one method of proof is required for verification of residency.
Commissioner Perona commented on the previous process of verification.
Commissioner Jeremiah Johnson requested that a second method of proof of residency be required.
Mrs. Cox requested clarification as to requiring two proofs of residency and voters’ registration as an acceptable item.
Interim City Attorney Tanya Earley explained that voter registration is required under the Charter.
Commissioner Perona requested that the difference between a qualified elector and a registered elector. Mrs. Earley explained that a qualified elector must be registered within the city.
Commissioner Curtis Johnson requested interpretation on qualified registration.
Commissioner Jeremiah Johnson explained that the issue at hand is documentation for verification purposes.
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
ORDINANCE NO. 21-028
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, AMENDING CHAPTER 12, OF THE CODE OF ORDINANCES, CREATING SEC. 12-7 ELECTION OF MAYOR AND CITY COMMISSION MEMBERS; PROVIDING FOR THE FILING OF PROOF OF RESIDENCY FOR CANDIDATES; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE.
Mrs. Cox explained that she is comfortable with the components of this ordinance.
Commissioner Curtis Johnson requested that Mrs. Cox explain the required documentation requested to run for office and inquired if this can be used as the burden of proof.
Mrs. Cox explained that at least one method of proof is required for verification of residency.
Commissioner Perona commented on the previous process of verification.
Commissioner Jeremiah Johnson requested that a second method of proof of residency be required.
Mrs. Cox requested clarification as to requiring two proofs of residency and voters’ registration as an acceptable item.
Interim City Attorney Tanya Earley explained that voter registration is required under the Charter.
Commissioner Perona requested that the difference between a qualified elector and a registered elector. Mrs. Earley explained that a qualified elector must be registered within the city.
Commissioner Curtis Johnson requested interpretation on qualified registration.
Commissioner Jeremiah Johnson explained that the issue at hand is documentation for verification purposes.
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to approve ORDINANCE NO. 21-028 to include language for the submission of at least two forms of proof with the addition of the voters' registration card as an eligible form of proof.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
13.
CITY COMMISSION
a.
Approval and acceptance of the FPUA FY2022 Annual Budget and FY2021 Amended Budget.
John Tompeck, Director of Utilities and Barbara Mika, Director of Financial Services, presented an overview of their strategic focus and reviewed the amended and proposed budget. Distribution to the City of Fort Pierce is an estimated $6,471,018. The FPUA asks for approval of the FY 2021 amended and FY 2022 proposed budgets.
Commissioner Perona inquired where the Utility Authority is on days of cash; do all departments have enough revenue to cover their expenses; how will the $28 million dollars reserve be spent; and does capital projects include moving the waste water plant.
Mrs. Mika stated that the FPUA has 88 days as of June revenue to cover their expenses.
Mr. Tompeck stated that all departments have enough revenue to cover their expenses, and that the goal for the $28 million dollars includes finishing AMI faster and several other capital projects. Relocating the wastewater plan is not included in the budget.
Commissioner Curtis Johnson inquired as to where the FPUA is currently with AMI, and has any of the $28 million dollars been considered for weatherization for older homes and those on fixed incomes.
Mr. Tompeck explained that the FPUA is in the twenty percent range for AMI.
Mrs. Mika explained that over the next three years six million dollars has been allotted in the budget to complete AMI.
Mr. Tompeck explained that there is money allocated for assistance, but there is trouble attracting people. There are sources available not only for weatherization but energy efficient appliances, air conditioning, leaking roofs etc.
Commissioner Jeremiah Johnson inquired what happens to allocated funds that are not spent, are they prepared to spend funds in partnerships, what is the reasoning behind the increase from three to four percent increase operations and maintenance with an increase in staff and has there been an increase in outside consultant budget.
Mrs. Mika explained that they evaluate the incomplete projects, and the funds may carry over into the start of the next year.
Mr. Tompeck explained that some funds are restricted, and they are prepared to spend funds in partnerships, the increase was recommended by the compensation consultant based on the jobs market, and professional services providers has increased.
Commissioner Perona inquired where the Utility Authority is on days of cash; do all departments have enough revenue to cover their expenses; how will the $28 million dollars reserve be spent; and does capital projects include moving the waste water plant.
Mrs. Mika stated that the FPUA has 88 days as of June revenue to cover their expenses.
Mr. Tompeck stated that all departments have enough revenue to cover their expenses, and that the goal for the $28 million dollars includes finishing AMI faster and several other capital projects. Relocating the wastewater plan is not included in the budget.
Commissioner Curtis Johnson inquired as to where the FPUA is currently with AMI, and has any of the $28 million dollars been considered for weatherization for older homes and those on fixed incomes.
Mr. Tompeck explained that the FPUA is in the twenty percent range for AMI.
Mrs. Mika explained that over the next three years six million dollars has been allotted in the budget to complete AMI.
Mr. Tompeck explained that there is money allocated for assistance, but there is trouble attracting people. There are sources available not only for weatherization but energy efficient appliances, air conditioning, leaking roofs etc.
Commissioner Jeremiah Johnson inquired what happens to allocated funds that are not spent, are they prepared to spend funds in partnerships, what is the reasoning behind the increase from three to four percent increase operations and maintenance with an increase in staff and has there been an increase in outside consultant budget.
Mrs. Mika explained that they evaluate the incomplete projects, and the funds may carry over into the start of the next year.
Mr. Tompeck explained that some funds are restricted, and they are prepared to spend funds in partnerships, the increase was recommended by the compensation consultant based on the jobs market, and professional services providers has increased.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Curtis Johnson, Jr. for approval and acceptance of the FPUA FY2022 Annual Budget and FY2021 Amended Budget waiving the 30-day period.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
b.
Resolution 21-R45 designating property located at 809 North 9th Street as a Fort Pierce Historic Property and a Locally Significant Site.
City Clerk Linda Cox introduced the Resolution, read by title only, into the record.
RESOLUTION NO. 21-R45
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, DESIGNATING, 809 N 9th STREET AS HISTORIC PROPERTY AND A LOCALLY SIGNIFICANT SITE WITH THE NAME OF ST. LUCIE COUNTY WELFARE HOME FOR BLACKS; PROVIDING FOR AN EFFECTIVE DATE
Mr. Mimms explained that this was a site close to Commissioner Alexanders heart and introduced Maria Lewicka, Historic Preservation Officer.
Ms. Lewicka presented the application for historic designation petitioning the Commission to grant St. Lucie County Welfare Home for Blacks as a Historic Property and a Locally Significant Site.
Mayor Hudson inquired what does this allow the applicant to do with the property. Mrs. Lewicka responded that it allows for modification to the outside of the building, and they can apply for state grants.
Commissioner Curtis Johnson clarified that this designation allows for grant opportunities.
RESOLUTION NO. 21-R45
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, DESIGNATING, 809 N 9th STREET AS HISTORIC PROPERTY AND A LOCALLY SIGNIFICANT SITE WITH THE NAME OF ST. LUCIE COUNTY WELFARE HOME FOR BLACKS; PROVIDING FOR AN EFFECTIVE DATE
Mr. Mimms explained that this was a site close to Commissioner Alexanders heart and introduced Maria Lewicka, Historic Preservation Officer.
Ms. Lewicka presented the application for historic designation petitioning the Commission to grant St. Lucie County Welfare Home for Blacks as a Historic Property and a Locally Significant Site.
Mayor Hudson inquired what does this allow the applicant to do with the property. Mrs. Lewicka responded that it allows for modification to the outside of the building, and they can apply for state grants.
Commissioner Curtis Johnson clarified that this designation allows for grant opportunities.
Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Jeremiah Johnson to approve RESOLUTION NO. 21-R45
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
c.
Resolution 21-R46 Establishing a Special Election in the City of Fort Pierce.
City Clerk Linda Cox introduced the Resolution, read by title only, into the record.
RESOLUTION NO. 21-R46
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, SETTING A DATE FOR A SPECIAL ELECTION FOR THE PURPOSE OF FILLING THE VACANCY OF CITY COMMISSIONER, DISTRICT 1, SEAT 5; ESTABLISHING A QUALIFYING PERIOD; AND SETTING THE DATE FOR A RUNOFF ELECTION IF NECESSARY AFTER THE SPECIAL ELECTION; PROVIDING FOR AN EFFECTIVE DATE.
City Clerk Linda Cox provided the Special Election date as December 7, 2021, for District 1 seat five. The qualifying period is September 13, 2021, noon until September 17, 2021, noon. A runoff election will be held on February 8, 2022, if necessary.
Commissioner Curtis Johnson inquired if the new qualifying requirements will be effective for the Special Election.Mrs. Cox confirmend they would be in effect.
If someone wants to qualify using the petition process, twenty-six signed petitions are required.
Commissioner Perona clarified that this special election is for the unexpired term of Commissioner Alexander which would have expired November 2022 and that only district one residents may vote.
Mrs. Cox stated Commissioner Perona was correct and the election winner would have to run again with qualifying in June 2022 for November 2022.
Commissioner Curtis Johnson echoed Mrs. Cox on the importance of voting boundaries.
RESOLUTION NO. 21-R46
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, SETTING A DATE FOR A SPECIAL ELECTION FOR THE PURPOSE OF FILLING THE VACANCY OF CITY COMMISSIONER, DISTRICT 1, SEAT 5; ESTABLISHING A QUALIFYING PERIOD; AND SETTING THE DATE FOR A RUNOFF ELECTION IF NECESSARY AFTER THE SPECIAL ELECTION; PROVIDING FOR AN EFFECTIVE DATE.
City Clerk Linda Cox provided the Special Election date as December 7, 2021, for District 1 seat five. The qualifying period is September 13, 2021, noon until September 17, 2021, noon. A runoff election will be held on February 8, 2022, if necessary.
Commissioner Curtis Johnson inquired if the new qualifying requirements will be effective for the Special Election.Mrs. Cox confirmend they would be in effect.
If someone wants to qualify using the petition process, twenty-six signed petitions are required.
Commissioner Perona clarified that this special election is for the unexpired term of Commissioner Alexander which would have expired November 2022 and that only district one residents may vote.
Mrs. Cox stated Commissioner Perona was correct and the election winner would have to run again with qualifying in June 2022 for November 2022.
Commissioner Curtis Johnson echoed Mrs. Cox on the importance of voting boundaries.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Curtis Johnson, Jr. to approve RESOLUTION NO. 21-R46.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
d.
Resolution 21-R47 appointing an at-large member to the Planning Board.
City Clerk Linda Cox introduced the Resolution, read by title only, into the record.
RESOLUTION NO. 21-R47
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, CERTIFYING THE APPOINTMENT OF A MEMBER TO THE CITY PLANNING BOARD; PROVIDING FOR AN EFFECTIVE DATE.
City Clerk Linda Cox provided ballots for appointing of an at- large Planning Board seat.
Commissioner Curtis Johnson - Nichelle Clemons
Commissioner Jeremiah Johnson - Christina Haines
Commissioner Perona - Nichelle Clemons
Mayor Hudson - Nichelle Clemons
RESOLUTION NO. 21-R47
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, CERTIFYING THE APPOINTMENT OF A MEMBER TO THE CITY PLANNING BOARD; PROVIDING FOR AN EFFECTIVE DATE.
City Clerk Linda Cox provided ballots for appointing of an at- large Planning Board seat.
Commissioner Curtis Johnson - Nichelle Clemons
Commissioner Jeremiah Johnson - Christina Haines
Commissioner Perona - Nichelle Clemons
Mayor Hudson - Nichelle Clemons
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Jeremiah Johnson to approve RESOLUTION NO. 21-R47 reappointing Nichelle Clemons to the City Planning Board.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
e.
Resolution No. 21-R48 appointing Barbara Marshall-Bennett to serve as the District 1 representative on the FPUA Board, filling the unexpired term of Charlie Frank Matthews.
City Clerk Linda Cox introduced the Resolution, read by title only, into the record.
RESOLUTION NO. 21-R48
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, CERTIFYING THE APPOINTMENT OF A DISTRICT 1 MEMBER OF THE FORT PIERCE UTILITIES AUTHORITY BOARD; PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. 21-R48
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, CERTIFYING THE APPOINTMENT OF A DISTRICT 1 MEMBER OF THE FORT PIERCE UTILITIES AUTHORITY BOARD; PROVIDING FOR AN EFFECTIVE DATE.
Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Jeremiah Johnson to approve RESOLUTION NO. 21-R48.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
f.
Resolution 21-R49 amending Resolution 21-R37 regarding the refunding of the FPRA Bonds.
City Clerk Linda Cox introduced the Resolution, read by title only, into the record.
RESOLUTION NO. 21-R49
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA AMENDING CERTAIN PROVISIONS OF RESOLUTION NO. 21-R37 ADOPTED ON JULY 19, 2021; AND PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. 21-R49
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA AMENDING CERTAIN PROVISIONS OF RESOLUTION NO. 21-R37 ADOPTED ON JULY 19, 2021; AND PROVIDING FOR AN EFFECTIVE DATE.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to approve RESOLUTION NO. 21-R49.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
g.
Discussion on the Coronavirus and associated protective measures requested by Commissioner Curtis Johnson
Commissioner Curtis Johnson expressed concern with the increase in Coronavirus cases within the community and the internal impact. He suggests signs encouraging safety measures be placed at the entrance, and asked Mr. Mimms to provide an update on how the City is being impacted.
Mr. Mimms explained that late June to July 4th saw a surge in St. Lucie County, Florida, and Ft. Pierce specifically. In addition, positivity rates internally have increased resulting in a loss of productivity. He believes that education and information resources are key. A semi-permanent testing location is being established at the Logistic Center on South US 1 and a mobile vaccination unit is in discussion by the St. Lucie County Board of Commissioners on August 17. He suggests that the Commission revisit PSA’s to educate the City.
Mayor Hudson explained that the FPUA has also been directly impacted by the increase in cases and that she has no issue with signage.
Commissioner Perona believes the City should show leadership and educate the public.
Commissioner Jeremiah Johnson echoed the Commissions sentiments and encouraged reminding of best practices and increased sanitation internally.
Mr. Mimms explained that late June to July 4th saw a surge in St. Lucie County, Florida, and Ft. Pierce specifically. In addition, positivity rates internally have increased resulting in a loss of productivity. He believes that education and information resources are key. A semi-permanent testing location is being established at the Logistic Center on South US 1 and a mobile vaccination unit is in discussion by the St. Lucie County Board of Commissioners on August 17. He suggests that the Commission revisit PSA’s to educate the City.
Mayor Hudson explained that the FPUA has also been directly impacted by the increase in cases and that she has no issue with signage.
Commissioner Perona believes the City should show leadership and educate the public.
Commissioner Jeremiah Johnson echoed the Commissions sentiments and encouraged reminding of best practices and increased sanitation internally.
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.
No Public Comments
15.
COMMENTS FROM THE CITY MANAGER
a.
Report
Mr. Mimms presented the final 2022 legislative priorities for the City of Fort Pierce which will be presented to the delegation on August 19, 2021, at the Kight Center on the campus of Indian River State College.
City Clerk Linda Cox updated the Commission on the search for the City Attorney. The time period for City Attorney has closed and each individual will receive a survey. Meetings will then be scheduled for narrowing the applicants.
Interim City Attorney Tanya Earley- None
City Clerk Linda Cox updated the Commission on the search for the City Attorney. The time period for City Attorney has closed and each individual will receive a survey. Meetings will then be scheduled for narrowing the applicants.
Interim City Attorney Tanya Earley- None
16.
COMMENTS FROM THE COMMISSION
Commissioner Perona has had inquiry regarding the parking on Seaway and referred to Mr. Mimms for an update.
Mr. Mimms stated the intent was to have parking available by Labor Day with the addition of 160 spaces. This is a temporary facility that is free to the public.
Commissioner Jeremiah Johnson thanked the Ft Pierce Police Department for the increased security measures for Commission meetings. He also inquired if the Commission is comfortable with the current technology, that being an iPad. To which Mayor Hudson responded she preferred PC based technology. Commissioner Perona stated he enjoys the current technology but prefers external memory. Commissioner Curtis Johnson has no preference but acknowledges the functionality of a laptop. He wants to ensure that any product is durable. Mr. Mimms referenced the efficacy of a laptop vs and iPad.
Mayor Hudson had the privilege of attending the Florida League of Cities Conference in Orlando.
Commissioner Curtis Johnson attended the Florida League of Cities Conference, the HANDS Clinic unveiled Dr Roberts lab coat. Pastor Hazel postponed the grand opening of the Florida Community Health Center Lincoln Park due to impending weather. He and Mr. Mimms attended a meeting for the Haitian Chamber of Commerce and to remember the community.
Mr. Mimms stated the intent was to have parking available by Labor Day with the addition of 160 spaces. This is a temporary facility that is free to the public.
Commissioner Jeremiah Johnson thanked the Ft Pierce Police Department for the increased security measures for Commission meetings. He also inquired if the Commission is comfortable with the current technology, that being an iPad. To which Mayor Hudson responded she preferred PC based technology. Commissioner Perona stated he enjoys the current technology but prefers external memory. Commissioner Curtis Johnson has no preference but acknowledges the functionality of a laptop. He wants to ensure that any product is durable. Mr. Mimms referenced the efficacy of a laptop vs and iPad.
Mayor Hudson had the privilege of attending the Florida League of Cities Conference in Orlando.
Commissioner Curtis Johnson attended the Florida League of Cities Conference, the HANDS Clinic unveiled Dr Roberts lab coat. Pastor Hazel postponed the grand opening of the Florida Community Health Center Lincoln Park due to impending weather. He and Mr. Mimms attended a meeting for the Haitian Chamber of Commerce and to remember the community.
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 8:53 pm.
ATTEST:
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CITY CLERK
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MAYOR COMMISSIONER
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