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Minutes for City Commission Regular Meeting

MINUTES OF A REGULAR MEETING OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, HELD IN THE CITY HALL COMMISSION CHAMBERS, 100 NORTH U.S. #1, FORT PIERCE, FLORIDA, AT 6:30 P.M. ON MONDAY, JUNE 15, 2015.
 
1.
CALL TO ORDER - Mayor Hudson called the meeting to order at 6:31 p.m.
 
2.
OPENING PRAYER - Pastor Ned Childress of Allen Chapel AME Church offered the opening prayer.
 
3.
PLEDGE OF ALLEGIANCE
 
4.
ROLL CALL
Present:
Mayor Linda Hudson; Commissioner Rufus Alexander; Commissioner Edward Becht; Commissioner Thomas Perona; Commissioner Reginald Sessions
Staff Present:
  • City Clerk Linda Cox
  • City Manager Robert Bradshaw
  • City Attorney Robert Schwerer
 
5.
APPROVAL OF MINUTES
 
a.
Approval of Minutes from the June 1, 2015 meeting.
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Edward Becht to approve the Minutes of the Regular Meeting on June 1, 2018.

AYE:
Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions

Passed

 
6.
PROCLAMATIONS
 
a.
Mayor Hudson issued a Proclamation recognizing the retirement of Officer Paul Pearson.
 
b.
Mayor Hudson issued a Proclamation recognizing May 20 through August, 2015 as Juneteenth Season of Freedom and June 19 as Juneteenth Independence Day.   It was received by Marjorie Harrell.
 
7.
LETTERS TO COMMISSION
 
8.
COMMENTS FROM THE PUBLIC ON AGENDA ITEMS NOT REQUIRING PUBLIC HEARINGS

Ms. Jasmine Wimes, Consent Agenda items 9a and 9b
 
9.
CONSENT AGENDA
 
a.
Waiver of interest and penalties in the amount of $2,219.80 for demolition lien totaling $3,469.80 against 514 N 26th Street, Ft. Pierce, FL previously owned by Lois Mitchell (Est) and Theresa Spears, 2636 SW Ann Arbor Road, Port St. Lucie, FL 34953 and currently owned by Jasmine L. Wimes, 1012 N 22nd Street, Ft. Pierce, FL 34950 in consideration of payment of $1,250.00 payable in 60 days.
 
b.
Waiver of interest and penalties in the amount of $437.78 for lot clearing lien totaling $508.31 against 514 N 26th Street, Ft. Pierce, FL previously owned by Lois Mitchell (Est) and Theresa Spears, 2636 SW Ann Arbor Road, Port St. Lucie, FL 34953 and currently owned by Jasmine L. Wimes, 1012 N 22nd Street, Ft. Pierce, FL 34950 in consideration of payment of $70.53 payable in 60 days.
 
c.
Request from owner Erica D. Baker, 2502 Mohawk Avenue, Ft. Pierce, FL for an extension of time of 6 months to pay reduced code enforcement, lot clearing, and emergency repair liens against 1002 Avenue E, Ft. Pierce, FL.  On April 6, 2015 the City Commission approved the reducing the liens to $2,869.11 payable in 60 days.
 
d.
Approval of Main Street Fort Pierce's request for $20,000  for the annual 4th of July Celebration.
 
e.
Approval of Traffic Equipment from Econolite Group, Inc. of Jacksonville, Florida the City's sole source provider of traffic control equipment in the amount of $69,890.
 
f.
Approval of travel expenses in the amount of $357.03  for Commissioner Alexander to attend the Florida League of Cities Legislative Policy Committee Meetings June 25 and 26, 2015 in Orlando, Florida.
 

Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Edward Becht that the following items on the Consent Agenda be approved - 9c, 9d, 9e, 9f. Commissioner Alexander pulled items 9a, 9b for discussion.

AYE:
Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions

Passed

 
As to item 9a, Commissioner Alexander asked the amount of hard costs, these fees cannot be reduced and inquired about extending the time limitation to allow Ms. Wimes to make payments.

Mr. Schwerer confirmed the Commission can extend the time limitations. The current recommendation is 60 days, the Commission can place any reasonable time frame for compliance and allow for partial payments to be made.
 

Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Edward Becht to approve Consent Agenda item 9a allowing for 90 days to comply and the option to request additional time if needed.

AYE:
Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions

Passed

 
As to item 9b, discussion was held in conjunction with Consent Agenda item 9a.
 

Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Edward Becht to approve Consent Agenda item 9b.

AYE:
Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions

Passed

 
Item 11a was taken out of order. City Clerk Linda Cox stated there was a request that the presentation be moved to be heard before Public Hearing.

Ms. Upendo Shabazz-Phillips of the Allegany Franciscan Ministries wanted to thank the Commission for allowing her to speak. It has been a year since the Allegany Franciscan Ministries identified Lincoln Park community as their common good initiative for the Palm Beach Region. The common good initiative's goal is to mobilize the Lincoln Park community towards better health and wellness through community engagement. Through numerous meetings and many communications they were able to identify this City's public service agency grant program as an opportunity to partner together. She is happy to share that she will be making a funding recommendation to the Allegany Franciscan Ministries Board of Directors to provide a match balance to support Lincoln Park.
 
10.
PUBLIC HEARINGS
 
a.
Approval of a Conceptual Development Plan submitted by Pro Team Med LLC, which proposes the construction of a Drug & Alcohol Treatment Center at 3295 S US Highway 1, Fort Pierce, FL. Property is zoned C-3, General  Commercial and R-4, Medium Density Residential.

Senior Planner Kori Benton appeared with a presentation and staff recommendation the City Commission approve this conceptual development proposal as presented.  He clarified this development will provide care and oversight, the residents are required to check in with medical staff are not permitted to leave the facility without permanent release.

Mayor Hudson opened the Public Hearing.

Mr. Brad Currie with Engineering Design and Construction, representing the applicant, commended Mr. Benton on his presentation.  This is a facility with two buildings of almost 25,000 square feet with approximately 1.32 employees per bed, stating approximately 100 employees for the 24 hour facility.  The facility is for profit; anyone that can self pay or has insurance will be welcome.  Once the conceptual plan is approved contracts will be negotiated with the owner to hopefully begin the design process apply for the necessary permit.

Seeing no one further, Mayor Hudson closed the Public Hearing.
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Edward Becht to approve Conceptual Development Plan for a treatment facility at 3295 South US Highway 1.

AYE:
Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions

Passed

 
b.
Ordinance No. 15-006 providing revisions to the Planned Development section of the Land Development Code (Sec. 22-40)  SECOND READING

City Clerk Linda Cox introduced the ordinance, read by title only, into the record.

Senior Planner Kori Benton appeared and was available for comment.

Mayor Hudson opened the Public Hearing

Seeing no one, Mayor Hudson closed the Public Hearing.
 
 

Motion was made by Commissioner Edward Becht, seconded by Commissioner Rufus Alexander to approve Ordinance No. 15-006 on second and final reading.

AYE:
Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions

Passed

 
c.
Ordinance No. 15-011 correcting a Scrivener's Error in Ordinance No. 14-033 adopting the Noise Ordinance.  SECOND READING

City Clerk Linda Cox introduced the ordinance, read by title only, into the record.  Ms. Cox clarified that when the original ordinance was passed there was a section left out inadvertently which allowed for someone to apply for a special exemption permit, this ordinance will put that back in. 

Mayor Hudson opened the Public Hearing.

Seeing no one, the Mayor closed the Public Hearing.

Mr. Schwerer indicated this was a multipage ordinance that went back and forth between multiple departments and in the various different versions that were being added to the word document a section was apparently deleted from the code.  It should have been included in the ordinance, this ordinance will put that section back into the code.  This is not a change, it is actually more favorable for the business owners.
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Rufus Alexander to approve Ordinance No. 15-011 on second and final reading.

AYE:
Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions

Passed

 
Public Hearing items 10d thru 10l - Ordinance 15-013 thru 15-021 Extending the territorial limits of the City of Fort Pierce Florida

City Clerk Linda Cox introduced the individual ordinances, read by title only, into the record.

Planner Clarissa Davis was available for questions and staff recommendation that the Commission approve items 10d thru 10l. Ms. Davis clarified no parcels are residential.

Mayor Hudson opened the Public Hearing.

Seeing no one, the Mayor closed the Public Hearing.
 
d.
Ordinance No. 15-013 Extending the territorial Limits of the City of Fort Pierce Florida to include property located at 407 S 33rd Street. SECOND READING
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Reginald Sessions to approve Ordinance No. 15-013 on second and final reading.

AYE:
Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions

Passed

 
e.
Ordinance No. 15-014 Extending the territorial Limits of the City of Fort Pierce Florida to include property located at parcel number 2408-321-0005-000-9. SECOND READING
 

Motion was made by Commissioner Reginald Sessions, seconded by Commissioner Edward Becht to approve Ordinance No. 15-014 on second and final reading.

AYE:
Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions

Passed

 
f.
Ordinance No. 15-015 Extending the territorial Limits of the City of Fort Pierce Florida to include property located at 3625 Orange Avenue.  SECOND READING
 

Motion was made by Commissioner Reginald Sessions, seconded by Commissioner Edward Becht to approve Ordinance No. 15-015 on second and final reading.

AYE:
Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions

Passed

 
g.
Ordinance No. 15-016 Extending the territorial Limits of the City of Fort Pierce Florida to include property located at 3617 Orange Avenue.  SECOND READING
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Reginald Sessions to approve Ordinance No. 15-016 on second and final reading.

AYE:
Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions

Passed

 
h.
Ordinance No. 15-017 Extending the territorial Limits of the City of Fort Pierce Florida to include property located at 3901 Orange Avenue. SECOND READING
 

Motion was made by Commissioner Edward Becht, seconded by Commissioner Rufus Alexander to approve Ordinance No. 15-017 on second and final reading.

AYE:
Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions

Passed

 
i.
Ordinance No. 15-018 Extending the territorial Limits of the City of Fort Pierce Florida to include property located at 5000 Orange Avenue.  SECOND READING
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Reginald Sessions to approve Ordinance No. 15-018 on second and final reading.

AYE:
Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions

Passed

 
j.
Ordinance No. 15-019 Extending the territorial Limits of the City of Fort Pierce Florida to include property located at 3241 Oleander Avenue. SECOND READING
 

Motion was made by Commissioner Reginald Sessions, seconded by Commissioner Thomas Perona to approve Ordinance No. 15-019 on second and final reading.

AYE:
Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions

Passed

 
k.
Ordinance No. 15-020 Extending the territorial Limits of the City of Fort Pierce Florida to include property located at 3501 Oleander Avenue. SECOND READING
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Reginald Sessions to approve Ordinance No. 15-020 on second and final reading.

AYE:
Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions

Passed

 
l.
Ordinance No. 15-021 Extending the territorial Limits of the City of Fort Pierce Florida to include property located at 3489 Oleander Avenue.  SECOND READING
 

Motion was made by Commissioner Edward Becht, seconded by Commissioner Rufus Alexander to approve Ordinance No. 15-021 on second and final reading.

AYE:
Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions

Passed

 
Public Hearing items 10m thru 10kk - Ordinance 15-022 thru 15-046 Extending the territorial limits of the City of Fort Pierce Florida

City Clerk Linda Cox introduced the individual ordinances, read by title only, into the record.

Planner Clarissa Davis was available for questions and staff recommendation that the Commission approve items 10m thru 10kk.

Mayor Hudson stated that she spoke with FPUA. She requested they watch the June 1, 2015 meeting and to be available for the meeting tonight, she also shared with the City Manager the UA’s charges for parcels that are located out of the city limits; he then shared that information with the Commission.

Mayor Hudson opened the Public Hearing.

Ms. Mary Jo Tierney, owner of Sunrise Ford, stated she would like to see the letter that had been referenced previously from Mr. Wallace. If it is requesting a delay she would certainly concur with Mr. Wallace. One of the problems was the planning board notice was received 4 days before the meeting and her attorney is out of town and unavailable tonight. She would like time to explore her concerns, the legalities and things that were said at the last meeting. The dealers have spoken amongst themselves and expressed their wishes for more time.

Mayor Hudson responded the City does have a letter signed by Mr. Wallace requesting the Commission delay their vote.

Mr. Schwerer explained that if the July 1 date is not met for final adoption of these ordinances the properties will not be placed on the tax roll for the 2015 ad-valorem tax year. We need to be absolutely clear here, these are deemed to be contractual annexations. The property owners signed contracts agreeing to annex into the City of Fort Pierce in exchange for an extension of municipal services, being water or wastewater services, so they could develop their property. That was the consideration for agreement of annex. Their agreement specifically sets out that upon their property becoming contiguous to the City of Fort Pierce that agreement operated as their written consent to be annexed. When dealing with voluntary annexations, there are only 3 criteria that the Commission is required by law to look at:
  1. Did the property owner consent, is there a written signed document of consent.
  2. Is the area contiguous to the City of Fort Pierce and reasonably compact.
  3. Is the property developed in an urban capacity.
Mr. Schwerer added if anyone is requesting a continuance or postponement, his advice to the Commission is to ask which factor applies with their property. The request by Mr. Wallace came in at 4:00 p.m. on June 15th, stating the City Clerk and he had very little time to talk and look at the request with the Planning staff.

Ms. Davis responded that notices for the planning board are sent out approximately 10 days ahead of the scheduled meeting time and for the City Commission meeting the notices were sent out either the day after or two days following the Planning Board meeting. From her conversation with Mr. Wallace earlier today, there was a notice sent to Mr. Wallace in error that should have gone to the property owner, instead it was received by Mr. Wallace.

Mr. Mike Wetzel stated the letter in reference is from Mr. Wallace, he was unable to attend this evening. At the last meeting Mr. Tierney spoke and then immediately thereafter left to go out of town and will not be back for several weeks, leaving them with very little time to speak. They received notice on May 8th of the May 12th Planning Board meeting, which left them no time to speak with council. He does not think there is anyone there that can say whether or not this is legitimate. They are asking for a delay to perhaps digest, prepare, explore and take it from there whether they want to take this to the so called mats or not. We are asking for a little bit of delay to make sure this is done legitimately.

Mr. Steven Barnett stated he was the gentleman that was the property owner that had not received notice. He received a call from Mr. Wallace asking his comments on the annexations, he admitted to not knowing. Mr. Wallace informed him that one of the parcel id’s listed was owned by Mr. Barnett and provided him copies of the notice. He stated he had no official notice except for what Mr. Wallace provided to him. He thinks it is wonderful the City wants to expand its tax base but feels they need to be cognizant that these commercial land owners have budgets and stock holders and families that they support, he feels it is inequitable for government to take the stance that they just can and subject these owners to a retroactive tax that they had little or no notice of. He stated that in his particular case he received no notice, at the minimum he would like city staff to go back and confirm that proper property owners received notice. Mr. Barnett agreed that he signed the agreement, but he feels that due process should take into account a reasonable expectation of notice and discussion.

Ms. Davis indicated Mr. Barnett’s parcel is 13.84 acres directly behind 5555 South US Highway 1 that abuts Melville Road and was added into the annexation package due to the agreement that was on file. Ms. Davis clarified that this parcel does not break any continuity. Mr. Barnett confirmed that when he sold the property to Mr. Wallace he retained this parcel. The annexation agreement was attached to the individual parcels and in place before the property was sold, with the exception of this one lot.

Mr. Schwerer stated that if the property is not needed for contiguity of the other parcels, it was nevertheless agreed to be in the City when it was part of the whole and is properly before the Commission for annexation. His recommendation would be to postpone the hearing for Mr. Barnett to prepare and come in and present to the Commission some issue dealing with the 3 criteria and proceed forward with the annexation of the other properties before you. Ms. Davis questioned the possibility of excluding one property; the parcel in questioned is coupled with the annexation agreement that is listing 7 parcels.

Ms. Tierney stated the business owners are appalled at the way this all went down; it is unfair to go for the July 1st deadline just for the retroactive fees. She feels they should have had some time to budget the added expense. She commented on Tropical Isles not being included, stating only the commercial properties were targeted. Her attorney will be looking at whether the City can exclude residential communities in the same corridor where it is adding the commercial properties. As a taxpayer of the City she wants to know what the deal was with Ms. Rhodig, she wants to know what was said in the meeting and what kind of payment or incentives was made to her to coerce her to sign the agreement. She feels it would be a step forward for the City to delay the annexations for everyone.

Ms. Davis answered she is aware of two residential properties that are contiguous to this package. However, staff took the position to exclude them from the package.

Mr. Sanford Woods, owner of 5121 South US Highway 1 and the 18.5 acres across the street, stated he had future plans of developing the acreage. He agrees this was handled terribly, stating the UA basically put a gun to their heads. It is a terrible way of doing business, that it is just not right.

Mr. Wetzel added there was not ample time to consult with anyone about this. In agreeing with what everyone has said, he would love to be welcomed into Fort Pierce just not at the point of a bayonet. It has been rushed into and that is basically how they all feel. They want to investigate this further and insure it is all being done legitimately, stating that is all they are asking for.

Seeing no one further, Mayor Hudson closed the Public Hearing.

Commissioner Sessions stated he cannot understand how the City is being held responsible for the actions of the Utilities Authority, the City and the UA are two separate entities. He also expressed concern about the City government being approached and threatened with a lawsuit when it is already expressed from a legal standpoint there are no grounds. He understands where they are coming from; the approach does seem fair in light of their position.

Mayor Hudson added that she serves on the Utilities Board and attends all of the meetings, both Commission and Utilities Authority Board. This process has been going on for some time now and the Commission has been directing the Utilities to put those agreements in place, making sure they are legal and correct. The City Ordinance in place says that if there is no agreement in place the City has the right to shut off the water. It is not the City’s objective to cut off anyone’s water, this is the direction the Commission that urged the UA to go and she believes they did what they were asked to do. The City was very open about this, discussing it at many meetings.

Commissioner Becht stated he has been working on annexations for 10 or 11 years, on this specific corridor he has been pushing since City Manager Robert Bradshaw came on board. It is unfortunate that many businesses are now into their 2015 budget and are now being handed a significant change to their budget. The problem with the delay, how would we know we would not have the same situation in a year? He asked if the City did forego all of this what needs to be put on the record so there will not be a fuss next year.

Mr. Schwerer stated that the same issues that exist now will continue to exist in a month or a year. He would not be comfortable with a waiver announced at a public meeting because most of the entities are corporate forums, LLCs, Limited Partnerships; there is a quagmire about approvals necessary to constitute a valid waiver.

Commissioner Perona stated the Commission has the responsibility to grow the City in the best way they can. There are hiccups sometimes and when one is found you have to go back to legalities that are in place, some of the properties have had agreements in place for 20-30 years. But they are contracts and they have been receiving services.

Commissioner Alexander stated the City is never happy when the State sends down mandates, but he is going to leave it alone.
 
m.
Ordinance No. 15-022 Extending the territorial Limits of the City of Fort Pierce Florida to include property located at 4051 S US Hwy 1.  SECOND READING
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Edward Becht to approve Ordinance No. 15-022 on second and final reading.

AYE:
Mayor Linda Hudson, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions
NAY:
Commissioner Rufus Alexander

Passed

 
n.
Ordinance No. 15-023 Extending the territorial Limits of the City of Fort Pierce Florida to include property located at 5005 S US Hwy 1. SECOND READING
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Edward Becht to approve Ordinance No. 15-023 on second and final reading.

AYE:
Mayor Linda Hudson, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions
NAY:
Commissioner Rufus Alexander

Passed

 
o.
Ordinance No. 15-024 Extending the territorial Limits of the City of Fort Pierce Florida to include property located at 5045 S US Hwy 1.  SECOND READING
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Edward Becht to approve Ordinance No. 15-024 on second and final reading.

AYE:
Mayor Linda Hudson, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions
NAY:
Commissioner Rufus Alexander

Passed

 
p.
Ordinance No. 15-025 Extending the territorial Limits of the City of Fort Pierce Florida to include property located at 5121 S US Hwy 1. SECOND READING
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Edward Becht to approve Ordinance No. 15-025 on second and final reading.

AYE:
Mayor Linda Hudson, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions
NAY:
Commissioner Rufus Alexander

Passed

 
q.
Ordinance No. 15-026 Extending the territorial Limits of the City of Fort Pierce Florida to include property located at 5195 S US Hwy 1.   SECOND READING
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Edward Becht to approve Ordinance No. 15-026 on second and final reading.

AYE:
Mayor Linda Hudson, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions
NAY:
Commissioner Rufus Alexander

Passed

 
r.
Ordinance No. 15-027 Extending the territorial Limits of the City of Fort Pierce Florida to include property located at 5205 S US Hwy 1.   SECOND READING
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Reginald Sessions to approve Ordinance No. 15-027 on second and final reading.

AYE:
Mayor Linda Hudson, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions
NAY:
Commissioner Rufus Alexander

Passed

 
s.
Ordinance No. 15-028 Extending the territorial Limits of the City of Fort Pierce Florida to include property located at 5255 S US Hwy 1.   SECOND READING
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Edward Becht to approve Ordinance No. 15-028 on second and final reading.

AYE:
Mayor Linda Hudson, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions
NAY:
Commissioner Rufus Alexander

Passed

 
t.
Ordinance No. 15-029 Extending the territorial Limits of the City of Fort Pierce Florida to include property located at 5301 S US Hwy 1.  SECOND READING
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Edward Becht to approve Ordinance No. 15-029 on second and final reading.

AYE:
Mayor Linda Hudson, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions
NAY:
Commissioner Rufus Alexander

Passed

 
u.
Ordinance No. 15-030 Extending the territorial Limits of the City of Fort Pierce Florida to include property located at 5359 S US Hwy 1. SECOND READING
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Edward Becht to approve Ordinance No. 15-030 on second and final reading.

AYE:
Mayor Linda Hudson, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions
NAY:
Commissioner Rufus Alexander

Passed

 
v.
Ordinance No. 15-031 Extending the territorial Limits of the City of Fort Pierce Florida to include property located at 5435 S US Hwy 1.  SECOND READING
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Edward Becht to approve Ordinance No. 15-031 on second and final reading.

AYE:
Mayor Linda Hudson, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions
NAY:
Commissioner Rufus Alexander

Passed

 
w.
Ordinance No. 15-032 Extending the territorial Limits of the City of Fort Pierce Florida to include property located at 5555 S US Hwy 1. SECOND READING
 

Motion was made by Commissioner Edward Becht, seconded by Commissioner Thomas Perona to approve Ordinance No. 15-032 on second and final reading.

AYE:
Mayor Linda Hudson, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions
NAY:
Commissioner Rufus Alexander

Passed

 
x.
Ordinance No. 15-033 Extending the territorial Limits of the City of Fort Pierce Florida to include property located at 5655 S US Hwy 1.   SECOND READING
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Edward Becht to approve Ordinance No. 15-033 on second and final reading.

AYE:
Mayor Linda Hudson, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions
NAY:
Commissioner Rufus Alexander

Passed

 
y.
Ordinance No. 15-034 Extending the territorial Limits of the City of Fort Pierce Florida to include property located at 406 Ulrich Road. SECOND READING
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Edward Becht to approve Ordinance No. 15-034 on second and final reading.

AYE:
Mayor Linda Hudson, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions
NAY:
Commissioner Rufus Alexander

Passed

 
z.
Ordinance No. 15-035 Extending the territorial Limits of the City of Fort Pierce Florida to include property located at 5675 S US Hwy 1. SECOND READING
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Edward Becht to approve Ordinance No. 15-035 on second and final reading.

AYE:
Mayor Linda Hudson, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions
NAY:
Commissioner Rufus Alexander

Passed

 
aa.
Ordinance No. 15-036 Extending the territorial Limits of the City of Fort Pierce Florida to include property located at 5000 S US Hwy 1. SECOND  READING
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Edward Becht to approve Ordinance No. 15-036 on second and final reading.

AYE:
Mayor Linda Hudson, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions
NAY:
Commissioner Rufus Alexander

Passed

 
bb.
Ordinance No. 15-037 Extending the territorial Limits of the City of Fort Pierce Florida to include property located at 5030 S US Hwy 1.  SECOND READING
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Edward Becht to approve Ordinance No. 15-037 on second and final reading.

AYE:
Mayor Linda Hudson, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions
NAY:
Commissioner Rufus Alexander

Passed

 
cc.
Ordinance No. 15-038 Extending the territorial Limits of the City of Fort Pierce Florida to include property located at 5090 S US Hwy 1. SECOND READING
 

Motion was made by Commissioner Edward Becht, seconded by Commissioner Thomas Perona to approve Ordinance No. 15-038 on second and final reading.

AYE:
Mayor Linda Hudson, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions
NAY:
Commissioner Rufus Alexander

Passed

 
dd.
Ordinance No. 15-039 Extending the territorial Limits of the City of Fort Pierce Florida to include property located at 5220 S US Hwy 1. SECOND READING
 

Motion was made by Commissioner Edward Becht, seconded by Commissioner Thomas Perona to approve Ordinance No. 15-039 on second and final reading.

AYE:
Mayor Linda Hudson, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions
NAY:
Commissioner Rufus Alexander

Passed

 
ee.
Ordinance No. 15-040 Extending the territorial Limits of the City of Fort Pierce Florida to include property located at 5250 S US Hwy 1. SECOND READING
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Edward Becht to approve Ordinance No. 15-040 on second and final reading.

AYE:
Mayor Linda Hudson, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions
NAY:
Commissioner Rufus Alexander

Passed

 
ff.
Ordinance No. 15-041 Extending the territorial Limits of the City of Fort Pierce Florida to include property located at 5280 S US Hwy 1.  SECOND READING
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Edward Becht to approve Ordinance No. 15-041 on second and final reading.

AYE:
Mayor Linda Hudson, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions
NAY:
Commissioner Rufus Alexander

Passed

 
gg.
Ordinance No. 15-042 Extending the territorial Limits of the City of Fort Pierce Florida to include property located at 5300 S US Hwy 1. SECOND READING
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Edward Becht to approve Ordinance No. 15-042 on second and final reading.

AYE:
Mayor Linda Hudson, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions
NAY:
Commissioner Rufus Alexander

Passed

 
hh.
Ordinance No. 15-043 Extending the territorial Limits of the City of Fort Pierce Florida to include property located at 5340 S US Hwy 1.  SECOND READING
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Edward Becht to approve Ordinance No. 15-043 on second and final reading.

AYE:
Mayor Linda Hudson, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions
NAY:
Commissioner Rufus Alexander

Passed

 
ii.
Ordinance No. 15-044 Extending the territorial Limits of the City of Fort Pierce Florida to include property located at 5390 S US Hwy 1.  SECOND READING
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Edward Becht to approve Ordinance No. 15-044 on second and final reading.

AYE:
Mayor Linda Hudson, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions
NAY:
Commissioner Rufus Alexander

Passed

 
jj.
Ordinance No. 15-045 Extending the territorial Limits of the City of Fort Pierce Florida to include property located at 5400 S US Hwy 1.  SECOND READING
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Edward Becht to approve Ordinance No. 15-045 on second and final reading.

AYE:
Mayor Linda Hudson, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions
NAY:
Commissioner Rufus Alexander

Passed

 
kk.
Ordinance No. 15-046 Extending the territorial Limits of the City of Fort Pierce Florida to include property located at 5550 S US Hwy 1. SECOND READING
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Edward Becht to approve Ordinance No. 15-046 on second and final reading.

AYE:
Mayor Linda Hudson, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions
NAY:
Commissioner Rufus Alexander

Passed

 
Commissioner Alexander wanted to add a point of concern. Fort Pierce Utilities is putting a burden on the City, it is stated they are not a department of the City of Fort Pierce and there is no responsibility from within City Hall. He feels that is not necessarily right, they need to be a part of the City and not a separate entity.
 
11.
MISCELLANEOUS REPORTS & REQUESTS
 
a.
Presentation by Upendo Shabazz-Phillips of the Allegany Franciscan Ministries regarding partnership with the City of Fort Pierce for Public Service Grant Awards.

This agenda item was taken out of order and discussed before Public Hearing item 10a.
 
12.
CITY COMMISSION
 
a.
Resolution No. 15-R19 authorizing the approval of Traffic Signal Maintenance and Compensation Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) for fiscal year 2015/16.
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Edward Becht to approve Resolution No. 15-R19.

AYE:
Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions

Passed

 
b.
Designation of a delegate to vote on behalf of the City Commission at the Florida League of Cities 89th Annual Conference.
 

Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Edward Becht to designate Mayor Hudson as delegate to vote on behalf of the City Commission at the Florida League of Cities.

AYE:
Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions

Passed

 
c.
Resolution No. 15-R20, requesting an opinion from the Florida Attorney General construing application of Florida Statute s.604.50 to a packing house.
 

Motion was made by Commissioner Edward Becht, seconded by Commissioner Reginald Sessions to approve Resolution No. 15-R20.

Mr. Schwerer explained this a technical legal issue based upon Florida Statutes and this unique tomato packing house. In agreement with the packing house's attorney it was felt the economical way to proceed was to seek an AGO that both parties could read, review and discuss. This resolution is a housekeeping issue.

AYE:
Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Edward Becht, Commissioner Thomas Perona, Commissioner Reginald Sessions

Passed

 
13.
COMMENTS FROM THE PUBLIC

Ms. Josette Mackey
Mr. Richard Sylvestri
Rev. Harry Shaw
Mr. Steve Tarr
Ms. Joanne McCurdy
Rev. James H. Brown
Ms. Dodi Spence
 
14.
COMMENTS FROM THE CITY MANAGER
 
a.
City Manager Departmental Activity Report

Mr. Bradshaw reminded the Commission that the first Budget Workshop is scheduled for July 9th from 9:00 a.m. until noon in the Commission Chambers.  A follow up session on strategic planning is scheduled for July 16th, this will be from 3:00 to 6:00 p.m. at the Riverwalk Center.  There is good news on the Port of Fort Pierce, the City Attorney and City Manager met with the County Administrator and the draft of the interlocal agreement is done.  The agreement is moving forward. Another bit of good news is that FSTED has changed their policy and they are going to fund 50% funding for property acquisitions.  This is a game changer for the City and the first component is looking to be two parcels at Fisherman's Wharf.
 
15.
COMMENTS FROM THE COMMISSION

Commissioner Perona encourages the utility board members to vote for the PCA reduction to -$3.00, stating this is the first time in a long time this has gone below the zero mark. That is a plus for all of the electric rate payers in the city. He has had several inquiries requiring weekly and summer rentals on the beach and in the historical areas, he believes there is an ordinance that prevents this from happening in Fort Pierce. He is asking staff to present a report that defines this specifically because there are a number of weekly rentals that are starting to happen out on the beach. He thinks there needs to be some formal answer or solution to this question, a response that is definitive and can be shared with the public. Further requesting a map of where it would be allowed and identifying where this would not be allowed, stating the visual would be very helpful.

Mr. Benton gave a quick update; this is an ongoing discussion that was looked at being addressed in January. Currently properties that are located in the R1 and R2 single family residential zones only allow for dwelling rentals approved via conditional use by the Planning Board and City Commission. Individuals renting their homes for less than 6 months in those zones without the conditional use are violating City code today. The state has adopted statutes that do allow for some exemptions for dwelling rentals or vacation rentals on a weekly or monthly basis with specific details. However, our code has established providing conditional use process has been grandfathered in and is currently active.

Commissioner Sessions wanted to echo Mr. Bradshaw’s excitement about the Port development after the President of the Florida Ports Council met jointly with the County and the City. In looking at developing our Port, they went back and changed the whole approach in regard to FSTED funding. Previously no funds were used for acquiring property; they are now willing to invest in the actual purchase of property. He stated that as being an accomplishment, more so an opportunity that the City has got to stay on top of to insure port development. He wants to commend this Commission, as well as the City Manager, we are expecting great things. He would like to ask from the staff standpoint, to start working more with potential businesses and developers, requesting they stop browbeating them and discouraging them from coming into our City. We have a long way to go and this is where it starts, let’s move forward. He commended the Chief, stating he has heard nothing but positives, keep doing what you are doing.

Commissioner Becht is happy the Fort Pierce Alliance announced they are there, if anyone needs to contact them he stated that Joanne McCurdy has it well advertised. This is a mixed moment for him, he is pleased the annexations were approved but because of the way it was handled there has been much ill will. One of the properties annexed is in a state of construction; he inquired how that is supposed to play out.

Building Director Marc Meyers responded the permit was issued through the county and it is his belief they would be seeing it through to completion. Commissioner Becht does not want the business inconvenienced any further.

Commissioner Alexander questioned whether BJ’s was partly in the City and partly in the County. Commissioner Becht tried to clarify believing the building is in the City but the parking was County. He stated he has to speak out to the Chief because he has been told the City Police are responding to calls in Sheraton Plaza where on the west side of 25th Street is County. There have been a few incidents where City Police have been in the County and he wanted to bring that to her attention. Further identifying areas in Paradise Park that have not been squared off, stating it is important for people to know that they are either in the City or they are not in Fort Pierce.

Mr. Benton stated the Commissioners were correct in stating there are two parcels for BJ’s. Based on the property record cards it does not appear that either parcel is listed as being in the city limits. He stated the need to audit the current zoning map to verify accuracy, looking at the tax records for both parcel ids it does not indicate that either parcel has paid city taxes. It would be more accurate to state there is an annexation agreement for the structure parcel and not have an agreement for the other.

Mayor Hudson gives kudos to staff for the South Florida Water Management meeting; Jack Andrews made a presentation on the Indian Hills Restoration project along with his county counterpart. It was a very good example of us working together with the County. She believes SFWM was very pleased with St. Lucie County; it was good for them to see another jurisdiction and feels that Fort Pierce looked very good to them. Also, last Friday the Tourist Development Council had a FamTour, there were 12 sports fishing writers and media that fished Fort Pierce’s waters on Saturday and Sunday and will be writing about our area to be shared with everyone. We are going to be putting Fort Pierce on the map. They were in attendance for the Marina Grand Opening Day, a great day for Fort Pierce. Thank you to all staff that came out for the event and she wanted to wish all of the fathers in the audience a Happy Father’s Day.
 
16.
ADJOURNMENT

There being no further business, Mayor Hudson declared the meeting adjourned at 9:30 p.m.
ATTEST:

____________________________ _________________________________
CITY CLERK
MAYOR COMMISSIONER