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Minutes for City Commission Regular Meeting - 6:00 pm

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, November 1, 2021.
 
1.
CALL TO ORDER
Mayor Hudson called the meeting to order at 6:00 PM.
 
2.
OPENING PRAYER - Pastor Pinkie Hendley with New Life Christian Fellowship 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
  • City Attorney Tanya Earley
 
5.
APPROVAL OF MINUTES
 
a.
Approval of minutes from the October 18, 2021 regular meeting.
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Curtis Johnson, Jr. to approve the minutes of the October 18, 2021 regular meeting.

AYE:
Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson

Passed

 
6.
PROCLAMATIONS
 
7.
LETTERS TO COMMISSION
 
a.
Letter from Cathy Telese expressing her gratitude and appreciation to Paul Thomas, Building Director, for the guidance and coordination efforts received for recent building applications.
 
8.
ADDITIONS OR DELETIONS TO AGENDA AND APPROVAL OF AGENDA
 

Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Curtis Johnson, Jr. to approve the agenda as set.

AYE:
Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson

Passed

 
9.
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.
No comments
 
10.
MISCELLANEOUS REPORTS
 
11.
CONSENT AGENDA
 
a.
Approval to execute the letter from the Florida Department of Law Enforcement to accept $70,000 in grant funding (no match required) made available through the Department of Justice Project Safe Neighborhood Grant Program.
 
b.
Approve piggybacking Fort Pierce Utilities Authority Bid No. 2018-41 - Security Guard Services in an amount not to exceed $88,135.77 year one, $90,499.50 year two, and $93,495.67 year 3.
 

Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Thomas Perona to approve the Consent Agenda.

AYE:
Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson

Passed

 
12.
PUBLIC HEARINGS
 
a.
Legislative Hearing - Ordinance 21-035 Establishing the Preserve at Savannah Lakes Community Development District.   SECOND READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.

ORDINANCE NO. 21-035
 
AN ORDINANCE OF THE CITY OF FORT PIERCE, FLORIDA, ESTABLISHING THE PRESERVE AT SAVANNAH LAKES COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190, FLORIDA STATUTES; NAMING THE DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; DESCRIBING THE FUNCTIONS AND POWERS OF THE DISTRICT; DESIGNATING FIVE PERSONS TO SERVE AS THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS; PROVIDING NOTICE OF REQUIREMENTS; PROVIDING A SEVERABILITY CLAUSE; 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 Curtis Johnson, Jr., seconded by Commissioner Jeremiah Johnson to approve Ordinance No. 21-035.

AYE:
Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson

Passed

 
b.
Resolution No. 21-R63 and Quasi-Judicial Hearing – A hearing to allow the owners and/or parties of interest in the property identified as 1822 S 32nd Street to show cause why the structure located on the premises should not have been condemned and demolished.
City Clerk Linda Cox introduced the resolution, read by title only, into the record.

RESOLUTION NO. 21-R63 - A RESOLUTION DETERMINING THAT A CERTAIN BUILDING OR STRUCTURE LOCATED AT 1822 S 32ND STREET (CARPORT ONLY) IN FORT PIERCE, FLORIDA 34950 WAS DECLARED AN IMMINENT DANGER BY THE OF THE BUILDING OFFICIAL AND IS THEREFORE UNSAFE AND A NUISANCE THAT CONSTITUTES A MENACE TO THE BUSINESS, HEALTH AND SAFETY OF THE COMMUNITY; AND THAT SAID BUILDING OR STRUCTURE HAS BEEN DEMOLISHED; DECLARING THE PARTIES OF INTEREST WERE PROVIDED THE OPPORTUNITY TO BE HEARD; AND ORDERING THE CITY OF FORT PIERCE TO PLACE A LIEN UPON THE PROPERTY IDENTIFIED IF NOT REIMBURSED FOR THE COST OF REMOVAL BY THE OWNER OF RECORD; PROVIDING FOR APPEAL;  PROVIDING FOR NOTICE TO ALL PARTIES; AND PROVIDING FOR AN EFFECTIVE DATE

Mayor Linda Hudson asked all present to listen carefully to what City Attorney Tanya Earley would read regarding Quasi-Judicial Hearings as they apply to subsequent Quasi- Judicial Hearings tonight.  Tanya Earley, City Attorney, reviewed the quasi-judicial hearing rules and procedures.

Mayor Linda Hudson called the proceeding to order.

City Clerk Linda Cox confirmed the City complied with the 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 swore in those wanting to speak during this Quasi-Judicial hearing.

Staff Presentation - Code Enforcement Manager, Peggy Arraiz, sworn, presented a history of the property at 1822 S 32nd Street, and cause for condemnation and demolition of the carport only. Staff recommends the City Commission approve Resolution No. 21-R63 declaring that the carport structure located at 1822 S 32nd Street was properly condemned and demolished in accordance with the International Property Maintenance Code as adopted by the City Commission.

Questions of Staff - Commissioner Curtis Johnson, Jr. inquired if notices been completed on clearance of the lot. Mrs. Arraiz responded that they had. Commissioner Perona inquired if the owners of the property were investors. Mrs. Arraiz responded that the burden falls on the registered owner.

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 Resolution No 21-R63.

AYE:
Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson

Passed

 
c.
Resolution No. 21-R64 and Quasi-Judicial Hearing – A hearing to allow the owners and/or parties of interest in the property identified as 2202 Avenue I 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 the record

RESOLUTION NO. 21-R64 - A RESOLUTION DETERMINING THAT A CERTAIN BUILDING OR STRUCTURE LOCATED AT 2202 AVENUE I 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.

City Clerk Linda Cox confirmed the City complied with the 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 swore in those wanting to speak during this Quasi-Judicial hearing.

Staff Presentation - Code Enforcement Manager, Peggy Arraiz, sworn, presented a history of the property at 2202 Avenue I, and cause for condemnation and demolition. Staff recommends the City Commission approve Resolution No. 21-R64 declaring the structure located at 2022 Avenue I be condemned and demolished in accordance with the Rules of Procedure for Condemnation and Demolition as adopted by the City Commission.  

Questions of Staff - Commissioner Curtis Johnson, Jr. inquired had the owner responded to any of the notices sent by the City, if approved would demolition occur and a lien be placed on the property, and if there is active clearing of the lot. Mrs. Arraiz responded that the documents sent certified mail were returned unclaimed, while those sent regular mail were not returned, the property would be demolished and a lien placed, and that there is active lot clearing moving forward.  Commissioner Perona inquired of City Attorney Tanya Earley how challenges would be addressed in the future with the property owner. Mrs. Earley responded that proper attempts had been made to notify the owner by the City, and that there is a thirty-day appeals process if that occurred. Commissioner Curtis Johnson commented that he would like data on demolished properties as he is seeing requests for the waving of lien fees.

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 Resolution No. 21-R64.

AYE:
Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson

Passed

 
13.
CITY COMMISSION
 
a.
Resolution 21-R62 providing notice of polling places for the December 7, 2021 special election.
City Clerk Linda Cox introduced the Resolution, read by title only, into the record.

RESOLUTION NO. 21-R62 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, PROVIDING FOR PUBLICATION OF THE DESIGNATED PRECINCT POLLING PLACES IN THE CITY OF FORT PIERCE FOR THE SPECIAL ELECTION TO BE HELD ON DECEMBER 7, 2021; PROVIDING FOR AN EFFECTIVE DATE.
 

Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Curtis Johnson, Jr. to approve Resolution No. 21-R62.

AYE:
Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson

Passed

 
b.
Resolution 21-R65 appointing Ionis Jefferson to the Fort Pierce Housing Authority.
City Clerk Linda Cox introduced the Resolution, read by title only, into the record.

RESOLUTION NO. 21-R65 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, CERTIFYING THE MAYOR'S APPOINTMENT AS COMMISSIONER OF THE HOUSING AUTHORITY OF THE CITY OF FORT PIERCE; PROVIDING FOR AN EFFECTIVE DATE.
 

Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Thomas Perona to approve Resolution No. 21-R65.

AYE:
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.
There were no comments.
 
15.
COMMENTS FROM THE CITY MANAGER
 
a.
Reports
Mr. Mimms presented the Purchase Order Report, 2021 Strategic Plan Update, and the City Manager’s Report with focused on community outreach.
The City of Fort Pierce, in partnership with the Treasure Coast Food Bank, will be hosting a Thanksgiving Drive-Thru Giveaway Saturday, November 13th at Percy Peek Gymnasium located on 2902 Avenue D beginning at 9:00 AM.
 
16.
COMMENTS FROM THE COMMISSION
Commissioner Thomas Perona congratulated Mainstreet on the Ghost Walk.

Commissioner Curtis Johnson, Jr.  announced Lincoln Park Mainstreet's move to Means Court and addressed the upcoming concerns and misinformation with redistricting.

Commissioner Jeremiah Johnson addressed the city's progress and Midway Road and Interstate connectivity.

Mayor Linda Hudson participated in Mainstreet's Ghost Walk and Pack the House with the Treasure Coast Food Bank.
 
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.
ATTEST:

____________________________ _________________________________
CITY CLERK
MAYOR COMMISSIONER