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 P.M. ON MONDAY, JANUARY 03, 2022.
1.
CALL TO ORDER
Mayor Hudson called the meeting to order at 6:00 p.m.
2.
OPENING PRAYER - Pastor Harry Shaw with Good News Missionary Baptist Church
3.
PLEDGE OF ALLEGIANCE
4.
ROLL CALL
- Present:
- Commissioner Arnold Gaines; 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 the Minutes from December 20, 2021 Regular Meeting
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Curtis Johnson, Jr. to approve the minutes from the December 20, 2021 Regular Meeting.
- AYE:
- Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
6.
PROCLAMATIONS
7.
LETTERS TO COMMISSION
a.
Email from Roger Templeton thanking Public Works Department employees, Ernest Ricciardi, Equipment Operator III, and Troy Hall, Chief Tree Trimmer, for their invaluable contribution to the success of the 11th Street Clean Spree at Moore's Creek project.
b.
Email from Lisa Potter expressing her appreciation and gratitude for the Public Works Department's swift response to her request for the cleanup of the area surrounding the Youth Sailing Club at Jaycee Park.
8.
ADDITIONS OR DELETIONS TO AGENDA AND APPROVAL OF AGENDA
Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Thomas Perona to approve the agenda as set.
- AYE:
- Commissioner Arnold Gaines, 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.
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 public comment
10.
MISCELLANEOUS REPORTS
11.
CONSENT AGENDA
a.
Approve request to reduce Code Enforcement lien in the amount of $77,540.00, against 714 N 17th Street, Fort Pierce, FL 34950 - Parcel ID Number 2404-816-0015-000/9, owned by 2nd Generation Building Corp, to $1,500.00 to be paid within 60 days.The applicant is asking to waive all fines in the amount of $77,540.00 leaving a balance due of $0.00, which requires the item be pulled from the Consent Agenda with a direct vote of the City Commission.
b.
Approve purchase of two (2) 2022 Peterbilt Model 520 front end load refuse collection trucks, two (2) 2022 Peterbilt Model 520 automated side load refuse collection trucks, and five (5) Peterbilt Model 337 grapple tucks for the Solid Waste Division in an amount not to exceed $2,116,047.00.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Curtis Johnson, Jr. to approve the Consent Agenda.
- AYE:
- Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
12.
PUBLIC HEARINGS
a.
Public Hearing on the Consolidated Annual Evaluation Report for program year 2020.
Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Thomas Perona to approve the Consolidated Annual Evaluation Report for Program Year 2020.
- AYE:
- Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
Seeing no one, she closed the public hearing.
b.
Legislative Hearing - Ordinance 21-064 - extending the territorial limits of the City of Fort Pierce, include one (1) property at or near 3900 S. US Highway 1 in Fort Pierce, Florida. SECOND READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.
ORDINANCE NO. 21-064
AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE ONE (1) PARCEL AT OR NEAR 3900 S US HIGHWAY 1 IN FORT PIERCE, FLORIDA AND SHOWN ON EXHIBIT A; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF JANUARY 1, 2023; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; ESTABLISHING THE ZONING DESIGNATION; ESTABLISHING THE LAND USE DESIGNATION; DIRECTING FILING OF THE ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT AND CHIEF ADMINISTRATIVE OFFICER OF ST. LUCIE COUNTY; DIRECTING REVISION OF THE CHARTER BOUNDARY ARTICLE TO BE FILED WITH THE DEPARTMENT OF STATE AND SUBMITTED TO THE OFFICE OF ECONOMIC AND DEMOGRAPHIC RESEARCH; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
ORDINANCE NO. 21-064
AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE ONE (1) PARCEL AT OR NEAR 3900 S US HIGHWAY 1 IN FORT PIERCE, FLORIDA AND SHOWN ON EXHIBIT A; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF JANUARY 1, 2023; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; ESTABLISHING THE ZONING DESIGNATION; ESTABLISHING THE LAND USE DESIGNATION; DIRECTING FILING OF THE ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT AND CHIEF ADMINISTRATIVE OFFICER OF ST. LUCIE COUNTY; DIRECTING REVISION OF THE CHARTER BOUNDARY ARTICLE TO BE FILED WITH THE DEPARTMENT OF STATE AND SUBMITTED TO THE OFFICE OF ECONOMIC AND DEMOGRAPHIC RESEARCH; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
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. 21-064.
- AYE:
- Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
c.
Legislative Hearing - Ordinance No. 21-065 seeking a Future Land Use Map Amendment for property located at or near 2192 Peters Road in Fort Pierce, Florida from Low Density Residential (RL) to City of Fort Pierce General Commercial (GC) SECOND READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.
ORDINANCE NO. 21-065
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 A PARCEL GENERALLY LOCATED 2192 PETERS ROAD FROM CITY OF FORT PIERCE LOW DENSITY RESIDENTIAL (RL) TO CITY OF FORT PIERCE GENERAL COMMERCIAL (GC); 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. 21-065
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 A PARCEL GENERALLY LOCATED 2192 PETERS ROAD FROM CITY OF FORT PIERCE LOW DENSITY RESIDENTIAL (RL) TO CITY OF FORT PIERCE GENERAL COMMERCIAL (GC); 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 Curtis Johnson, Jr., seconded by Commissioner Thomas Perona to approve Ordinance No. 21-065.
- AYE:
- Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
d.
Legislative Hearing - Ordinance No. 21-066 Rezoning a property generally located at or near 2192 Peters Road from Single-Family, 2 dwelling 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. 21-066
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA: REZONING of A PARCEL GENERALLY LOCATED AT OR NEAR 2192 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. 21-066
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA: REZONING of A PARCEL GENERALLY LOCATED AT OR NEAR 2192 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 Curtis Johnson, Jr., seconded by Commissioner Arnold Gaines to approve Ordinance No. 21-066.
- AYE:
- Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
e.
Quasi-Judicial Hearing - Application for Conditional Use Approval and Site Plan (Development and Design Review) submitted by property owner, RV Development LLC, and Applicant, Macritchie Storage Ventures, LLC, to construct and operate an RV storage lot with an accessory office structure at 2192 Peters Road in Fort Pierce, Florida. Parcel ID: 2313-432-0000-000-4.
City Clerk Linda Cox introduced the Application for Conditional Use Approval and Site Plan, read by title only, into the record.
Application for Conditional Use Approval and Site Plan (Development and Design Review) submitted by property owner, RV Development LLC, and Applicant, Macritchie Storage Ventures, LLC, to construct and operate an RV storage lot with an accessory office structure at 2192 Peters Road in Fort Pierce, Florida. Parcel ID: 2313-432-0000-000-4.
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 Arnold Gaines- No
Commissioner Curtis Johnson Jr.- Yes
Commissioner Jeremiah Johnson- Yes
Commissioner Thomas Perona- Yes
Mayor Hudson- No
City Clerk Linda Cox swore in those wanting to speak during this Quasi-Judicial hearing.
Staff Presentation –Senior Planner Vennis Gilmore, sworn, provided a brief overview of the Application for Conditional Use Approval and Site Plan (Development and Design Review) submitted by property owner, RV Development LLC, and Applicant, Macritchie Storage Ventures, LLC, to construct and operate an RV storage lot with an accessory office structure at 2192 Peters Road.
Planning Staff recommends APPROVAL of the project with the following Conditions:
1. Pursuant to City Code Section 123-66. (d) -Tree protection and mitigation, a final Tree Mitigation Plan shall be approved by staff prior to the issuance of a Building Permit.
2. A certified letter of completion by a landscape architect and landscape bond pursuant to City Code 123-6 shall be required before the Final Certificate of Occupancy is approved for the site.
3. As the office building is being defined as temporary by the applicant, a Temporary Use Application with the Planning Department will need to be applied for on an annual basis until the building is removed from the site. This shall be provided during the compliance review performed by the Planning Department during the Building Permit process for the construction of the RV storage lot and be provided upon the expiration of each subsequent approval, if applicable.
Questions of Applicant
Lee Dobbins, Attorney for applicant, sworn, was available for questions.
Commissioner Jeremiah Johnson inquired of the property line as he wants to ensure there is a buffer from neighborhood. Mr. Dobbins explained that the landscaping presented is new.
Commissioner Perona inquired if the owner had considered the usage of solar power. Mr. Dobbins replied that he was unsure if solar power had been considered.
Commissioner Curtis Johnson inquired as to the entry point and if there is more than one water feature. Mr. Dobbins responded that the entrance is on Peters Road and there was one water feature.
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
Application for Conditional Use Approval and Site Plan (Development and Design Review) submitted by property owner, RV Development LLC, and Applicant, Macritchie Storage Ventures, LLC, to construct and operate an RV storage lot with an accessory office structure at 2192 Peters Road in Fort Pierce, Florida. Parcel ID: 2313-432-0000-000-4.
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 Arnold Gaines- No
Commissioner Curtis Johnson Jr.- Yes
Commissioner Jeremiah Johnson- Yes
Commissioner Thomas Perona- Yes
Mayor Hudson- No
City Clerk Linda Cox swore in those wanting to speak during this Quasi-Judicial hearing.
Staff Presentation –Senior Planner Vennis Gilmore, sworn, provided a brief overview of the Application for Conditional Use Approval and Site Plan (Development and Design Review) submitted by property owner, RV Development LLC, and Applicant, Macritchie Storage Ventures, LLC, to construct and operate an RV storage lot with an accessory office structure at 2192 Peters Road.
Planning Staff recommends APPROVAL of the project with the following Conditions:
1. Pursuant to City Code Section 123-66. (d) -Tree protection and mitigation, a final Tree Mitigation Plan shall be approved by staff prior to the issuance of a Building Permit.
2. A certified letter of completion by a landscape architect and landscape bond pursuant to City Code 123-6 shall be required before the Final Certificate of Occupancy is approved for the site.
3. As the office building is being defined as temporary by the applicant, a Temporary Use Application with the Planning Department will need to be applied for on an annual basis until the building is removed from the site. This shall be provided during the compliance review performed by the Planning Department during the Building Permit process for the construction of the RV storage lot and be provided upon the expiration of each subsequent approval, if applicable.
Questions of Applicant
Lee Dobbins, Attorney for applicant, sworn, was available for questions.
Commissioner Jeremiah Johnson inquired of the property line as he wants to ensure there is a buffer from neighborhood. Mr. Dobbins explained that the landscaping presented is new.
Commissioner Perona inquired if the owner had considered the usage of solar power. Mr. Dobbins replied that he was unsure if solar power had been considered.
Commissioner Curtis Johnson inquired as to the entry point and if there is more than one water feature. Mr. Dobbins responded that the entrance is on Peters Road and there was one water feature.
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Curtis Johnson, Jr. to approve the Application for Conditional Use Approval and Site Plan.
- AYE:
- Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
f.
Legislative Hearing - Ordinance 21-067 Amending Code Section 2-270(c) regarding the maximum pension annuity payments for members hired prior to October 1, 2012. SECOND READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.
ORDINANCE NO. 21-067
AN AMENDMENT TO THE CODE OF ORDINANCES FOR THE CITY OF FORT PIERCE; AMENDING CODE SECTION 2-270(c); ALIGNING MAXIMUM PENSION PAYMENTS FOR MEMBERS JOINING SYSTEM BEFORE OCTOBER 1, 2012, WITH PROVISIONS OF INTERNAL REVENUE CODE AND OTHER APPLICABLE LAW; PROVIDING FOR SEVERANCE; PROVIDING FOR REPEAL OF INCONSISTENT CODE PROVISIONS; PROVIDING FOR AN EFFECTIVE DATE.
Mayor Hudson opened the public hearing.
James Clasby inquired as to the need for this change and believes funds could be better allocated elsewhere.
Mayor Hudson closed the public hearing.
Mayor Hudson briefly explained the redetermination.
Commissioner Perona explained that when they did pension reform, the benefit plan was changed, this restores what was there and there will be minimal financial impact.
Commissioner Curtis Johnson inquired as to how many people were impacted by the changes, to which Commissioner Perona replied, one, that he was aware of.
ORDINANCE NO. 21-067
AN AMENDMENT TO THE CODE OF ORDINANCES FOR THE CITY OF FORT PIERCE; AMENDING CODE SECTION 2-270(c); ALIGNING MAXIMUM PENSION PAYMENTS FOR MEMBERS JOINING SYSTEM BEFORE OCTOBER 1, 2012, WITH PROVISIONS OF INTERNAL REVENUE CODE AND OTHER APPLICABLE LAW; PROVIDING FOR SEVERANCE; PROVIDING FOR REPEAL OF INCONSISTENT CODE PROVISIONS; PROVIDING FOR AN EFFECTIVE DATE.
Mayor Hudson opened the public hearing.
James Clasby inquired as to the need for this change and believes funds could be better allocated elsewhere.
Mayor Hudson closed the public hearing.
Mayor Hudson briefly explained the redetermination.
Commissioner Perona explained that when they did pension reform, the benefit plan was changed, this restores what was there and there will be minimal financial impact.
Commissioner Curtis Johnson inquired as to how many people were impacted by the changes, to which Commissioner Perona replied, one, that he was aware of.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Curtis Johnson, Jr. to approve Ordinance No 21-067.
- AYE:
- Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
g.
Quasi-Judicial Hearing - Ordinance No. 22-002 Rezoning a property from Medium Density Residential (RM) to Planned Development (PD) generally located on the west side of Oleander Road, approximately 664 feet north of Tumblin Kling Road; PCN: 2433-144-0002-000-3 FIRST READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.
ORDINANCE NO. 22-002
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA: REZONING OF ONE (1) PARCEL GENERALLY LOCATED ON THE WEST SIDE OF OLEANDER ROAD, APPROXIMATELY 664 FEET NORTH OF TUMBLIN KLING ROAD, MORE SPECIFICALLY KNOWN AS PARCEL ID 2433-144-0002-000-3, FROM CITY OF FORT PIERCE MEDIUM DENSITY RESIDENTIAL ZONE, R-4, UP TO 12 DWELLING UNITS PER ACRE, TO CITY OF FORT PIERCE PLANNED DEVELOPMENT, PD, UP TO 3.87 DWELLING UNITS PER ACRE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Hudson indicated the Quasi-Judicial proceedings procedures remained in effect
Mayor Hudson called the proceeding to order.
City Clerk Linda Cox confirmed the City complied with advertisement and notice requirements.
Mayor Linda Hudson inquired with the Commission regarding ex-parte communications and asked City Clerk to call the roll:
Commissioner Gaines- No
Commissioner Curtis Johnson Jr.–No
Commissioner Jeremiah Johnson - Yes
Commissioner Perona - No
Mayor Hudson – No
Mayor Linda Hudson opened the public hearing.
City Clerk Linda Cox swore in those wanting to speak during this Quasi-Judicial hearing.
Staff Presentation
Senior Planner Vennis Gilmore, sworn, provided a brief overview of Rezoning a property from Medium Density Residential (RM) to Planned Development (PD) generally located on the west side of Oleander Road, approximately 664 feet north of Tumblin Kling Road.
Staff recommends approval.
Questions of Applicant
Blaine Bergstresser, Kimley -Horn Planning and Design Engineering Consultants, sworn, explained that the reason for the rezoning request is to shrink the interior roadways of the community.
Commissioner Jeremiah Johnson inquired if the property is being split and would the rezoning allow for less property but more green space. Mr. Bergstresser explained that the property would not be split, and the change would allow for more green space, and fewer homes than currently allowed.
Mayor Hudson inquired as to the reason for the requested footage change. Mr. Bergstreeser explained that they would like to offer more backyard space to the property owners.
Commissioner Curtis Johnson inquired to the intention of the dry pond and the plans if it became a wet pond. Mr. Bergstresser explained that landscaping would be present to avoid the look of sod, and they must meet the requirements of South Florida Water Management.
Public Comment
Jason Fitzsimmon inquired about exits and the backyards within the community.
Margo Barnes expressed concerns about the traffic, any income limitations, and gopher turtles.
Paul Fitzpatrick expressed concerns about the gopher turtles and the proximity to his property line.
Mr. Bergstresser clarified that the only entrance would be on Oleander, that the required traffic study had been approved, this is not an affordable housing project, the distance from the current properties is 54 feet, and that the gopher turtles will be relocated.
Comments by the Commission
Commissioner Curtis Johnson addressed the entrance on Oleander.
Commissioner Jeremiah Johnson believes the City is on track for reduced density and proper regulation.
Commissioner Perona expressed that the plan is sensible and well-designed.
ORDINANCE NO. 22-002
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA: REZONING OF ONE (1) PARCEL GENERALLY LOCATED ON THE WEST SIDE OF OLEANDER ROAD, APPROXIMATELY 664 FEET NORTH OF TUMBLIN KLING ROAD, MORE SPECIFICALLY KNOWN AS PARCEL ID 2433-144-0002-000-3, FROM CITY OF FORT PIERCE MEDIUM DENSITY RESIDENTIAL ZONE, R-4, UP TO 12 DWELLING UNITS PER ACRE, TO CITY OF FORT PIERCE PLANNED DEVELOPMENT, PD, UP TO 3.87 DWELLING UNITS PER ACRE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Hudson indicated the Quasi-Judicial proceedings procedures remained in effect
Mayor Hudson called the proceeding to order.
City Clerk Linda Cox confirmed the City complied with advertisement and notice requirements.
Mayor Linda Hudson inquired with the Commission regarding ex-parte communications and asked City Clerk to call the roll:
Commissioner Gaines- No
Commissioner Curtis Johnson Jr.–No
Commissioner Jeremiah Johnson - Yes
Commissioner Perona - No
Mayor Hudson – No
Mayor Linda Hudson opened the public hearing.
City Clerk Linda Cox swore in those wanting to speak during this Quasi-Judicial hearing.
Staff Presentation
Senior Planner Vennis Gilmore, sworn, provided a brief overview of Rezoning a property from Medium Density Residential (RM) to Planned Development (PD) generally located on the west side of Oleander Road, approximately 664 feet north of Tumblin Kling Road.
Staff recommends approval.
Questions of Applicant
Blaine Bergstresser, Kimley -Horn Planning and Design Engineering Consultants, sworn, explained that the reason for the rezoning request is to shrink the interior roadways of the community.
Commissioner Jeremiah Johnson inquired if the property is being split and would the rezoning allow for less property but more green space. Mr. Bergstresser explained that the property would not be split, and the change would allow for more green space, and fewer homes than currently allowed.
Mayor Hudson inquired as to the reason for the requested footage change. Mr. Bergstreeser explained that they would like to offer more backyard space to the property owners.
Commissioner Curtis Johnson inquired to the intention of the dry pond and the plans if it became a wet pond. Mr. Bergstresser explained that landscaping would be present to avoid the look of sod, and they must meet the requirements of South Florida Water Management.
Public Comment
Jason Fitzsimmon inquired about exits and the backyards within the community.
Margo Barnes expressed concerns about the traffic, any income limitations, and gopher turtles.
Paul Fitzpatrick expressed concerns about the gopher turtles and the proximity to his property line.
Mr. Bergstresser clarified that the only entrance would be on Oleander, that the required traffic study had been approved, this is not an affordable housing project, the distance from the current properties is 54 feet, and that the gopher turtles will be relocated.
Comments by the Commission
Commissioner Curtis Johnson addressed the entrance on Oleander.
Commissioner Jeremiah Johnson believes the City is on track for reduced density and proper regulation.
Commissioner Perona expressed that the plan is sensible and well-designed.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Curtis Johnson, Jr. to approve Ordinance No. 22-002.
- AYE:
- Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
h.
Legislative Hearing - Ordinance 22-004 Modifying Chapter 111 regarding composition, qualifications and attendance requirements of Historic Preservation Board Members. FIRST READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.
ORDINANCE NO. 22-004
AN ORDINANCE AMENDING THE PROVISIONS OF FORT PIERCE CODE OF ORDINANCES CHAPTER 111, ARTICLE II, DIVISION 2, SUBDIVISION II, AMENDING SECTION 111-89, REGARDING COMPOSITION AND QUALIFICATION OF HISTORIC PRESERVATION BOARD MEMBERS; REMOVING AND RESERVING SECTIONS 111-90 AND 111-91, REGARDING APPOINTMENT PROCEDURES AND TERMS; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
City Clerk Linda Cox explained the changes being proposed bring the board composition and attendance requirements in line with other City Boards as requested by the Mayor and Commission.
City Attorney Tanya Earley referenced Section 111-89 Sub A and 111-89 Sub E changes are consistent with the State Statutes.
Commissioner Jeremiah Johnson inquired if a Boards ability to excuse absences had previously been removed. Mrs. Cox explained that Boards still have the ability to excuse absences within reason.
Commissioner Perona commented that he is comfortable with Boards having the ability to excuse absences for substantial reason.
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
ORDINANCE NO. 22-004
AN ORDINANCE AMENDING THE PROVISIONS OF FORT PIERCE CODE OF ORDINANCES CHAPTER 111, ARTICLE II, DIVISION 2, SUBDIVISION II, AMENDING SECTION 111-89, REGARDING COMPOSITION AND QUALIFICATION OF HISTORIC PRESERVATION BOARD MEMBERS; REMOVING AND RESERVING SECTIONS 111-90 AND 111-91, REGARDING APPOINTMENT PROCEDURES AND TERMS; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
City Clerk Linda Cox explained the changes being proposed bring the board composition and attendance requirements in line with other City Boards as requested by the Mayor and Commission.
City Attorney Tanya Earley referenced Section 111-89 Sub A and 111-89 Sub E changes are consistent with the State Statutes.
Commissioner Jeremiah Johnson inquired if a Boards ability to excuse absences had previously been removed. Mrs. Cox explained that Boards still have the ability to excuse absences within reason.
Commissioner Perona commented that he is comfortable with Boards having the ability to excuse absences for substantial reason.
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 Thomas Perona to approve Ordinance No. 22-004.
- AYE:
- Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
13.
CITY COMMISSION
a.
Selection of Mayor Pro Tem pursuant to Section 23 of the City Charter which requires the City Commission to select one (1) of their number as Mayor Pro Tem at the first regular meeting following January 1.
Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Arnold Gaines to appoint Commissioner Jeremiah Johnson as Mayor Pro Tem.
- AYE:
- Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
b.
Appointment of representative to the Opioid Abatement Funding Advisory Committee in accordance with the Interlocal Agreement; Mr. Mimms' recommendation is that the appointment be Chief Diane Hobley-Burney or her designee.
City Manager Nick Mimms recommended Chief Hobley-Burney or her designee to represent the City on the Opioid Abatement Funding Advisory Committee.
Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Arnold Gaines to accept the recommendation of Chief Hobley-Burney or her designee for the Opioid Abatement Funding Advisory Committee.
- AYE:
- Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
c.
Resolution 22-R01 reappointing Betty Bradwell to the Housing Authority Board.
City Clerk Linda Cox introduced the Resolution, read by title only, into the record.
RESOLUTION NO. 22-R01
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, CERTIFYING THE MAYOR'S REAPPOINTMENT OF BETTY BRADWELL AS A COMMISSIONER OF THE HOUSING AUTHORITY OF THE CITY OF FORT PIERCE; PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. 22-R01
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, CERTIFYING THE MAYOR'S REAPPOINTMENT OF BETTY BRADWELL AS A 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 Arnold Gaines to approve Resolution No. 22-R01.
- AYE:
- Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
d.
Resolution 22-R02 supporting the Florida League of Cities legislative priorities for 2022.
City Clerk Linda Cox introduced the Resolution, read by title only, into the record.
RESOLUTION NO. 22-R02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, SUPPORTING THE 2022 LEGISLATIVE PRIORITIES OF THE FLORIDA LEAGUE OF CITIES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
RESOLUTION NO. 22-R02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, SUPPORTING THE 2022 LEGISLATIVE PRIORITIES OF THE FLORIDA LEAGUE OF CITIES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Motion was made by Commissioner Arnold Gaines, seconded by Commissioner Thomas Perona to approve Resolution No. 22-R02.
- AYE:
- Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
14.
COMMENTS FROM THE PUBLIC
Any person who wishes to comment on any subject may be heard at this time. Please limit your comments to three (3) minutes or less, as directed by the Mayor, as this section of the Agenda is limited to thirty minutes. The City Commission will not be able to take any official actions under Comments from the Public. Speakers will address the Mayor, Commissioners, and the Public with respect. Inappropriate language will not be tolerated.
Any person who wishes to comment on any subject may be heard at this time. Please limit your comments to three (3) minutes or less, as directed by the Mayor, as this section of the Agenda is limited to thirty minutes. The City Commission will not be able to take any official actions under Comments from the Public. Speakers will address the Mayor, Commissioners, and the Public with respect. Inappropriate language will not be tolerated.
Darryl Bey
Chris Dzadovsky
Chris Dzadovsky
15.
COMMENTS FROM THE CITY MANAGER
a.
Reports
Mr. Mimms addressed the toll to the City during the pandemic. Monday, January 10 is the Conference Agenda Meeting hearing from the Parking Committee, receiving an update on the Impact Fee Moratorium, report from the Police Community Advisory Committee, and the final update on the Strategic Plan Action items.
City Clerk Linda Cox reminded the Commission of the MLK Parade January 17th at 9 a.m.
City Attorney Tanya Earley has no comments.
City Clerk Linda Cox reminded the Commission of the MLK Parade January 17th at 9 a.m.
City Attorney Tanya Earley has no comments.
16.
COMMENTS FROM THE COMMISSION
Commissioner Perona welcomed Commissioner Gaines and thanked staff efforts in the City this holiday season.
Commissioner Curtis Johnson wished the City a Happy New Year and welcomed Commissioner Gaines. He will continue his open-door engagements and is interested in the possibility for a joint town hall engagement.
Commissioner Jeremiah Johnson wished the City a Happy New Year and reference the 2022 Strategic Plan.
Commissioner Gaines thanked everyone for the welcome and the assistance from City Clerk Linda Cox and City Manager Nick Mimms.
Mayor Hudson echoed the welcomes of the Commission to Commissioner Gaines and expressed this is the best Commission.
Commissioner Curtis Johnson wished the City a Happy New Year and welcomed Commissioner Gaines. He will continue his open-door engagements and is interested in the possibility for a joint town hall engagement.
Commissioner Jeremiah Johnson wished the City a Happy New Year and reference the 2022 Strategic Plan.
Commissioner Gaines thanked everyone for the welcome and the assistance from City Clerk Linda Cox and City Manager Nick Mimms.
Mayor Hudson echoed the welcomes of the Commission to Commissioner Gaines and expressed this is the best Commission.
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 7:31 p.m.
ATTEST:
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CITY CLERK
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MAYOR COMMISSIONER
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