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Minutes for City Commission Regular Meeting - 4:30 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 4:30 P.M. ON MONDAY, MARCH 21, 2022.
 
1.
CALL TO ORDER
Mayor Hudson called the March 21, 2022 Regular Meeting of the City Commission to order at 4:30 P.M.
 
 
2.
OPENING PRAYER - Apostle Delores Williams with God's Kingdom Station House of Prayer, Inc
 
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 Minutes from March 07, 2022 Regular Meeting
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Arnold Gaines to approve the minutes of the March 07, 2022 Regular Meeting.

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

Passed

 
6.
PROCLAMATIONS
 
a.
Vietnam Veterans Day Proclamation 
 
b.
Irish American Heritage Month Proclamation
 
7.
LETTERS TO COMMISSION
 
a.
Email from June Eliassaint Raymond complimenting Latasha Carey of the Building Department for providing exceptional customer service.
 
8.
ADDITIONS OR DELETIONS TO AGENDA AND APPROVAL OF AGENDA
City Manager Nick Mimms requested the addition of a Letter of Support for the FEC Trespassing and Intrusion Mitigation Project.
 
 

Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Arnold Gaines to approve the Agenda as amended with the addition of item 13c.

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.
No comments
 
 
10.
MISCELLANEOUS REPORTS
 
a.
Presentation of Indian River State College's Promise Program by Dr. Timothy E. Moore, President.
Dr. Timothy E. Moore, President of Indian River State College presented the Promise Program. The Promise Program is a transformational program that will offer each high school graduate from a public or charter school in St. Lucie, Martin, Indian River, and Okeechobee counties tuition-free attendance to obtain a two-year degree when enrolled full time. The deadline for submission is May 15, 2022, and can be completed at promise.irsc.edu.

Commissioner Gaines inquired if this is a one-year program. Dr. Moore explained that the program will continue as this is not state funded but funded by the foundation.

Commissioner Curtis Johnson inquired if this is strictly for high school students. Dr. Moore explained that the program is currently for graduating students but may eventually include adult learners.

Commissioner Perona inquired what is full time status and if it is possible to attend full time and work. Dr. Moore explained that twelve hours or more a semester is considered full time and that it is possible to work as a full-time student.
 
 
11.
CONSENT AGENDA
 
a.
Approve recommendation of the Special Magistrate to reduce Code Enforcement lien in the amount of $11,580.00, against 3103 Hibiscus Avenue, Fort Pierce, FL 34950 - Parcel ID Number 2417-515-0042-000/3, owned by Willie D. Singletary, to $1,400.00, to be paid within 6 months.
 
b.
Approve recommendation of the Special Magistrate to reduce Code Enforcement lien in the amount of $14,140.00, against 421 N 15th Street, Fort Pierce, FL 34950 - Parcel ID Number 2409-506-0022-000/4, owned by Guesty K & Joseph A Alouption, to $1,400.00, to be paid within 60 days.
 
c.
Approval of First Amendment to Agreement for Purchase and Development of Fisherman's Wharf
 
d.
Approval of a lease agreement with the Sunrise Humane Society with an initial term running from April 1, 2022 to September 30, 2023, with four 1-year renewal options.
 
e.
Approval of site dedication for the Fisherman's Wharf Bulkhead and Boat Ramp Phase II project as required by the Interlocal Agreement with St. Lucie County as part of the Florida Inland Navigation District (FIND) grant.
Commissioner Jeremiah Johnson pulled item 11e
 
 

Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Arnold Gaines to approve items 11a, 11b, 11c, and 11d .

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

Passed

As to item 11e
Commissioner Jeremiah Johnson inquired of City Attorney Tanya Earley if there is an out clause in the agreement. Mrs. Earley expressed that in terms of change in use or dedication, it must be approved which may satisfy the conditions of the agreement.
 
 

Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to approve item 11e.

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

Passed

 
12.
PUBLIC HEARINGS
 
a.
Quasi-Judicial Hearing - Review and approval of an application for Conditional Use and Site Plan (Development and Design Review) submitted by property owner, Fraternia Corporation, and representative, Engineering Design & Construction, Inc., for Flagship Self Storage generally located at 3900 S US Highway 1, to construct a three (3)-story storage building totaling 95,082 square feet and four (4), one (1)-story storage buildings totaling 10,051 square feet with associated site improvements. The property is zoned General Commercial Zone (C-3). Parcel ID: 2434-501-0019-000-3.
City Clerk Linda Cox introduced the Application for Conditional Use and Site Plan Review

Mayor Linda Hudson asked all present to listen carefully to what City Attorney Tanya Earley would read regarding Quasi-Judicial Hearings. 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 communication and asked City Clerk to call the roll:
Commissioner Arnold Gaines - No
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 the Quasi-Judicial hearing.

Staff Presentation-
Vennis Gilmore, Senior Planner, sworn, presented the Conditional Use and Site Plan for 3900 S US Highway 1. Staff recommends approval with (2) Conditions:

1. A certified letter of completion by a landscape architect, cost estimate, and landscape bond pursuant to City Code 123-6 shall be required before the Final Certificate of Occupancy is approved for the site.
 
2. Prior to the issuance of any site clearing permits, the applicant shall provide a Tree Mitigation Survey and coordinate with the City of Ft. Pierce Arborist for the required mitigation of the City regulated trees proposed to be removed as a result of this site’s development/construction activity.
 
Questions of Staff- None
 
Mayor Hudson opened the public hearing.
 
Questions of Applicant-
Brad Currie, Engineering and Design Construction was available for questions.
Commissioner Jeremiah Johnson inquired if DOT was consulted on the driveway connections and if the existing driveway on St. James was considered. Mr. Currie explained that they had a DOT pre-application meeting to obtain required permitting and the County would not allow the use of the existing road.
Commissioner Curtis Johnson commented that he had concerns about the traffic flow, inquired if traffic studies have been completed, and requested that the retention area and proposed sidewalk be pointed out in the rendering.  Mr. Currie explained that the traffic study had been completed and after meeting with DOT and the County, this was determined to be the best access for the property.

Commissioner Gaines inquired if what is requested of the applicant in condition two meets the requirements of the new legislation. Mr. Mimms explained that the City follows the State requirements.

Carl Hogan, resident, sworn, expressed concerns with the left-hand turn and how rain run off will affect the community. Mr. Currie explained that self-storage facilities have minimal traffic, a dry retention area is included in the plan which may benefit the neighborhood, a signal is not warranted at this intersection and that the sidewalk is adjacent to St. Francis Road.

Mayor Hudson closed the public hearing.

Commissioner Perona commented that the storage facility is a minimal impact to the neighborhood.

Commissioner Curtis Johnson commented the need for storage facilities is an indicator of growth and appreciated the addition of the sidewalk.

Commissioner Jeremiah Johnson commented that any improvement of the land will offset storm water impacts and that conversations should take place with the County about street connections.
 
 

Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Curtis Johnson, Jr. to approve the Conditional Use and Site Plan for Flagship Self Storage with two conditions.

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

Passed

 
b.
Public Hearing - Resolution No. 22-R11 designating the property at 100 Blue Sky Circle, Fort Pierce, Florida 34947, identified by Parcel ID Numbers 2419-211-0004-000-8 and 2419-211-0004-010-1, as a Green Reuse Area pursuant to § 376.80(2)(c), Florida Statutes. SECOND READING
City Clerk Linda Cox introduced the Resolution, read by title only, into the record.
RESOLUTION NO. 22-R11
 
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, DESIGNATING THE REAL PROPERTY LOCATED AT 100 BLUE SKY CIRCLE, FORT PIERCE, FLORIDA, PARCEL ID NUMBERS 2419-211-0004-000-8 AND 2419-211-0004-010-1, THE BLUE SKY LANDING GREEN REUSE AREA PURSUANT TO THE FLORIDA BROWNFIELDS REDEVELOPMENT ACT FOR THE PURPOSE OF REMEDIATION, REHABILITATION, AND REDEVELOPMENT; PROVIDING FOR NOTICE TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION OF SAID DESIGNATION; AND PROVIDING FOR AN EFFECTIVE DATE. SECOND READING
 
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 Resolution No. 22-R11.

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

Passed

 
c.
Legislative Hearing - Ordinance No. 22-010- An Ordinance amending Ordinance 21-137, Recorded at Book 4733, Pages 2465-2471, and extending the territorial Limits of the City of Fort Pierce, Florida, to include 3450 Sunrise Blvd In Fort Pierce, Florida.  SECOND READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.

ORDINANCE NO. 22-010
AN ORDINANCE AMENDING ORDINANCE 21-137, RECORDED IN OFFICIAL RECORDS BOOK 4733, PAGES 2465-2471, AND EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE 3450 SUNRISE BLVD 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. SECOND READING
 
 
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. 22-010.

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

Passed

 
d.
Legislative Hearing - Ordinance 22-011 - Final Budget Amendment of the General Fund 2020-21 Budget.  FIRST READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.
ORDINANCE NO. 22-011
AN ORDINANCE AMENDING THE 2020-21 BUDGET OF THE CITY OF FORT PIERCE, FLORIDA BY INSERTING THEREIN A SCHEDULE ATTACHED HERETO AND DESIGNATED AS THE 2020-21 FINAL BUDGET AMENDMENT.  THE SAID SCHEDULE PROVIDES FOR THE INCREASES AND/OR DECREASES IN REVENUES AND APPROPRIATIONS IN THE GENERAL FUND; AND PROVIDING FOR AN EFFECTIVE DATE.

Johnna Morris, Director of Finance, presented the Final Budget Amendment of the General Fund 2020-21 from $43,323,874 to $45,219,103, an increase of $1,898,299.

Mayor Hudson commented that the City has not increased taxes, but the values have increased. Mrs. Morris explained that the increased development played a part in the increased revenue.

Commissioner Curtis Johnson commented the half cent surtax goes back to community input and inquired if the City will see an increase in the half cent budget. Mrs. Morris explained that $671,741 in additional revenue is attributed to the half cent surtax which will be seen in the capital projects plan.

City Manager Nick Mimms commented that with the increased revenue from the half cent surtax will expand the resurfacing program.
Commissioner Jeremiah Johnson requested clarification the amount of the increase and that an increase in tourism is reflected in the $671,741.

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 Ordinance No. 22-011.

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

Passed

 
13.
CITY COMMISSION
 
a.
Resolution 22-R16 Establishing an Infill Lien Reduction Program
City Clerk Linda Cox introduced the Resolution, read by title only, into the record.

RESOLUTION NO. 22-R16
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, ESTABLISHING AN INFILL LIEN REDUCTION PROGRAM; APPROVING THE POLICIES AND PROCEDURES FOR SAID PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE.

Shyanne Harnage, Economic Development Manager, presented the establishment of the Infill Lien Reduction Program with the intent to promote reinvestment and revitalization of vacant infill property by providing a property owner reasonable relief from burdensome accumulated interest and liens levied prior to ownership with the condition that the property is currently maintained according to City Code.

Commissioner Curtis Johnson commented that the goal of this program is development by current owners of residential properties with prior liens levied by the previous owner and that the program should be revisited at month six for outcomes.

Commissioner Perona inquired as to what is defined as soft cost, inquired about 365 days to obtain permit and 24 months for the certificate of occupancy, and recommended revisiting the program in three years for efficacy. Mrs. Harnage explained that soft cost will be defined in the development agreement and that the program is a 24-month program from effective date to completion.

Commissioner Gaines inquired if the inclusion of hard cost been considered. Mrs. Harnage explained that the hope is with the impact fee moratorium, grants, S.H.I.P and additional resources, some cost may be offset for development.

Commissioner Jeremiah Johnson commented that this may be a marketing opportunity and discussion is required for an end date. Mr. Mimms commented that the program should be included in the annual update of economic development activities then considered at three years.
Mayor Hudson commented that the Commission has a role in the process. Mrs. Harnage explained the Commission would approve each development agreement.

Commissioner Jeremiah Johnson inquired as to the inclusion of wording within the Resolution for adoption of a sunset provision and added that 24 months is acceptable for building completion. City Attorney Tanya Earley recommended that the wording remain as it is written currently as the outlook may change on a sunset provision.

Mr. Mimms recommended an update annually in October.
 
 

Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Curtis Johnson, Jr. to approve Resolution No. 22-R16.

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

Passed

 
b.
Resolution 22-R17  removing and appointing members to the Historic Preservation Board effective April 1, 2022. 
City Clerk Linda Cox introduced the Resolution, read by title only, into the record.

RESOLUTION NO. 22-R11
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, REMOVING EXISTING BOARD MEMBERS AND CERTIFYING THE APPOINTMENT OF MEMBERS TO THE HISTORIC PRESERVATION BOARD, PROVIDING FOR AN EFFECTIVE DATE.
 
City Clerk Linda Cox explained that the Resolution will remove existing Historic Preservation Board members and allow each Commissioner to designate an appointee with two members elected at large.

Appointees
Commissioner Curtis Johnson - Minnie L. Spivey
Commissioner Perona - Holly Theuns
Commissioner Jeremiah Johnson - Andrea Anicito
Commissioner Gaines – KeAndrea Davis
Mayor Hudson – Betty Jo Starke

Elected At Large Ballots
Commissioner Gaines – Anthony Westbury and Renella Mitchell
Commissioner Curtis Johnson - Anthony Westbury and Charles Hayek
Commissioner Perona - Anthony Westbury and George Johansen
Commissioner Jeremiah Johnson - Anthony Westbury and Charles Hayek
Mayor Hudson – Anthony Westbury and Gerry Schulitz

Elected At Large Appointees
Anthony Westbury – Reappointed
Charles Hayek – Reappointed
 
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Arnold Gaines to approve Resolution No. 22-R17.

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

Passed

 
c.
Letter Of Support for the FECC Trespassing and Intrusion Mitigation Project

Mr. Mimms introduced a request for support of the FECC/Brightline Trespassing and Intrusion Mitigation Project. The improvement that they are seeking include channelization fencing, landscaping, crossing delineators, striping and signage upgrades. FEC is requesting 25 million dollars from the United States Department of Transportation to facilitate safety improvements.

Commissioner Perona commented that Edgartown is concerned how the community will be impacted and requested that staff communicates with Brightline to protect the area.

Mayor Hudson commented that the City would like to get as much of the cost of safety features paid with outside funds.

Commissioner Curtis Johnson commented that this has been a point of concern specifically double tracking, for the Treasure Coast Regional Planning Council.
 
 

Motion was made by Commissioner Arnold Gaines, seconded by Commissioner Jeremiah Johnson to approve a Letter of Support for the FECC Trespassing and Intrusion Mitigation Project.

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.
Chad Ingram
Rebecca Isaac
Joseph Alouption
 
 
15.
COMMENTS FROM THE CITY MANAGER
City Manager Nick Mimms commented that the Updated Strategic Plan Action plan is available via www.cityoffortpierce.com.
Attorney Tanya Earley has no comments.
City Clerk Linda Cox commented that the Joint Utility Rate Workshop with the FPUA will be held Tuesday, March 22 at the Energy Services Center from 9 am -12 pm, lunch will be served.
 
 
a.
Reports
 
16.
COMMENTS FROM THE COMMISSION
Commissioner Gaines commented that he has received many calls regarding Wednesdays Redistricting Workshop and is requesting a meeting time to start at 6pm to accommodate the residents. Mayor Hudson commented that the meeting has been public for some time, but transparency is important. City Manager Nick Mimms commented that the City Manager’s Office has no issue moving the time but would defer to the City Clerk. City Clerk Linda Cox commented that the meeting has been advertised for two months to meet the deadline of the Supervisor of Elections, needs five days for advertising, and must accommodate the consultant. Commissioner Jeremiah Johnson commented that he received feedback as well on the meeting time, will the comments be timed, and who will track the questions during the workshop. Commissioner Curtis Johnson explained that this is a workshop and inquired if a 6, 6:30 additional workshop is an option. Commissioner Perona commented on the importance of advertising for the second workshop.

Commissioner Thomas Perona commented that an inventory of City parks is necessary.

Commissioner Curtis Johnson, Jr. echoed Commissioner Perona on the necessity of parks inventory and attended an event at the A.E. Backus Museum & Gallery.

Commissioner Jeremiah Johnson had no comments

Mayor Linda Hudson attended the grand opening of the Fresh Wind and Fire Church on 25th Street.
 
 
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.
Mayor Linda Hudson adjourned the meeting at 6:31 p.m.
 
ATTEST:

____________________________ _________________________________
CITY CLERK
MAYOR COMMISSIONER