Mayor Hudson called the July 5, 2022 , Regular Meeting of the City Commission to order at 6:00 P.M.

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Curtis Johnson, Jr. to approve the minutes of the June 21, 2022 Regular Meeting.

AYE:

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

Passed

City Manager Nick Mimms requested the addition of an approval letter of support for the St. Lucie County Art's Alliance as 13 e.

Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Arnold Gaines to approve the agenda as amended.

AYE:

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

Passed

No comments

Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Arnold Gaines to approve the Consent Agenda.

AYE:

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

Passed

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

ORDINANCE NO. 22-015
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA: AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN TO CHANGE THE DESIGNATION OF A PARCEL GENERALLY LOCATED ALONG THE EAST SIDE OF SOUTH US HIGHWAY 1, APPROXIMATELY 250 FEET SOUTH OF DICKSON DRIVE, FROM CITY OF FORT PIERCE GENERAL COMMERCIAL (GC) TO CITY OF FORT PIERCE MEDIUM DENSITY RESIDENTIAL (RM); 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.

Dennis Murphy, Culpepper & Terpening, requested unanimous approval at the second and final reading and was available for questions.
Harriet Scott, Vice President Garden Villas HOA-Against
Barbara Campani-Against

Mayor Hudson closed the public hearing.

 

Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Curtis Johnson, Jr. to approve Ordinance No. 22-015.

AYE:

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

Passed

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

ORDINANCE NO. 22-016
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA: AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN TO CHANGE THE DESIGNATION OF TWO (2) PARCELS GENERALLY LOCATED ALONG THE SOUTH SIDE OF DICKSON DRIVE, AT THE INTERSECTION WITH SOUTH US HIGHWAY 1 FROM CITY OF FORT PIERCE GENERAL COMMERCIAL (GC) TO CITY 
OF FORT PIERCE MEDIUM DENSITY RESIDENTIAL (RM); 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.

Dennis Murphy, Culpepper & Terpening, requested unanimous approval at the second and final reading and was available for questions.

Mayor Hudson closed the public hearing.

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Curtis Johnson, Jr. to approve Ordinance No. 22-016.

AYE:

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

Passed

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

ORDINANCE NO. 22-017
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA: REZONING FOUR PARCELS OF LAND GENERALLY LOCATED ON THE EAST SIDE OF SOUTH US HIGHWAY 1 AT THE INTERSECTION OF DICKSON DRIVE AND LYING NORTH OF THE EXISTING GATOR TRACE PLANNED DEVELOPMENT, FROM GENERAL COMMERCIAL (C-3) AND PLANNED DEVELOPMENT (PD) TO PLANNED DEVELOPMENT (PD), FOR THE RESIDENTIAL PROJECT TO BE KNOWN AS SAVANNAH PRESERVE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.

Mayor Linda Hudson asked all present to listen carefully to what City Attorney 
Tanya Earley would read regarding Quasi-Judicial Hearings.  Tanya Earley, City Attorney, reviewed the quasi-judicial hearing rules and procedures and notified the Commission that a petition to intervene was received and granted. 

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 - Yes 
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:
Vennis Gilmore, Senior Planner presented the rezoning of four parcels of land generally located on the east side of South US Highway 1 at the intersection of Dickson Drive and lying north of the existing Gator Trace Planned Development, from General Commercial (C-3) and Planned Development (PD) to Planned Development (PD), for the residential project to be known as Savannah Preserve.
Staff recommends approval with the following six conditions
1.Civil Plans shall be reviewed and approved by all applicable City departments prior to the issuance of a site permit. The plans shall include details of any off-site improvements such as any stormwater control berm.
2.All required regulatory agency permits, including but not limited to the South Florida Water Management District and Army Corp of Engineers, shall be obtained by the applicant and copies provided to the City prior to the commencement of any development activities.
3.The applicant shall provide a conceptual stormwater design and an engineer’s statement attesting that the PD’s storm water system will be in compliance with all required stormwater treatment requirements.
4.The driveway at the entrance of Dickson Dr shall be realigned to provide access to parcels abutting to the north, (Parcel ID# 2427-801-0051-000-8 and Parcel ID# 2427-801-0037-000-4).
5.The applicant shall provide confirmation of the approval of St. Lucie County for the location of the berm and stormwater discharge outfall into the Right of Way and Drainage easement (Parcel # 2434-112-0001-000-0), which bifurcates the site, also running along the southern boundary of the site prior to the commencement of any development activities.
6.The applicant shall provide confirmation of a maintenance agreement with St. Lucie County for the installation of the berm and, if applicable, the stormwater discharge outfall into the Right of Way and Drainage easement (Parcel # 2434-112-0001-000-0), which bifurcates the site, also running along the southern boundary of the site prior to the commencement of any development activities.

Questions of Staff:
Commissioner Gaines inquired what could be built under the land use label (GC). Mr. Gilmore explained any standard use and possibly conditional use.
Commissioner Jeremiah Johnson inquired on staff's position and discussion on the berm. Mr. Gilmore explained that the berm is a requirement. Kevin Freeman, Planning Director, explained the six foundation requirements and the steps of review, if the permit is approved staff will support it otherwise a redesign must happen. 

Commission Perona inquired on the maximum allowable units on the site. Mr. Freeman explained about 2000 based on gross acreage. 

Applicant Questions of Staff:
Dennis Murphy, Culpepper & Terpening, had no questions of staff but inquired of City Attorney Tanya Earley if questions left unanswered in the last meeting could be answered.
City Attorney Tanya Earley directed her response to the Commission by reiterating the reason for the continuance and that questions must remain within that scope.

Intervener:
John Carrigan, Ross, Earle, Bonan & Ensor on behalf of the Gator Trace Master Association on commented on the location of the berm on the applicants property or the northern portion of St. Lucie County and the six conditions of staff. Mr. Freeman explained that the staff's position is based on the applicants' submittal. A storm water plan was presented and that will be used to move forward.

Commission Question of Staff:
None
Applicant Presentation:
Mr. Murphy presented the rezoning request for four parcels from General Commercial and Planned Development to Planned Development for the development of Savannah Preserve.

Questions of Applicant:
Commissioner Jeremiah Johnson inquired on the agencies that environmental applications were submitted to, if TRC and South Florida Water Management District have concerns with the wetlands, will improvements be made for traffic at Dickson Rd, and the elevation of the berm.Mr. Murphy explained that EW Consultants prepared the environmental application, is unaware of specific concerns and the elevation of the berm is 16.70 with the outfall pipe of seven to eight feet. Mayor Hudson inquired on the function of the berm. Mr. Murphy explained that the berm is to direct the water.

Staff Questions of Applicant:
Mr. Freeman inquired if the applicant and developer are aware that a subsequent site permit is subject to City Code of Ordinance? Mr. Murphy said that they are aware.

Intervener Questions of Applicant:
John Carrigan, Ross, Earle, Bonan & Ensor inquired if reports have been submitted for groundwater and its impact to the north and south residents, has anyone from Gator Trace and High Point expressed concerns about the water table, is the location of the berm final, current status of County applications and the timeline, if the property is leased for the berm, if the May 18, 2022, request by South Florida Management has been provided, and should the Commission delay their decision for PD unless the response is submitted. Mr. Murphy explained that GEO Tech reports will be submitted to the City as this is the construction stage, Gator Trace has presented no specific concerns only general flow, application on and permits are in review, the land for the berm must be licensed and permitted, staff engineers are currently completing the comments for the request by South Florida Water Management, and there is no need to delay a decision as this is the preliminary design stage. 
Intervener:
 John Carrigan, Ross, Earle, Bonan & Ensor presented the signifcant concerns of the communities to the north and south and believes any decision by the Commission would be premature.

Commission Questions of the Intervener:
Commissioner Jeremiah Johnson inquired if the client is opposed to a loop system, if the current issue is resolved and does not impact are they opposed to development or density. Mr. Carrigan expressed that the client is unwilling to consent if the applicant is unwilling to concede or provide assurances to drainage issues, if the berm resolves current issues improvements are acceptable, they are not opposed to development or density as long as there are no negative impacts. 

Commissioner Curtis Johnson inquired if there is water pooling or flooding currently and what are the challenges with the berm. Mr. Carrigan stated that there is flooding including the roadways, and that they would like the review from the South Florida Water Management first.
Mayor Hudson inquired if the City Manager if the Commission has been completing the process in the correct order. Mr. Mimms commented that they have been. 
Mr Carrigan believes this should be tabled until all parties involved have provided and reviewed all the information.
Mayor Hudson commented that the conditions provided are built into the approval. Mr. Mimms explained that in technical review all aspects are considered to ensure the safety of the public.
Commissioner Jeremiah Johnson inquired if the client has agreements with St. Lucie County or conditions along the northern boundary of Gator Trace. Mr. Carrigan stated that he does not have that information but will be willing to provided it. 

Applicant Questions of Intervener:
None
Staff Questions of Intervener:
None
Follow-Up Questions of the Intervener:
None
Mayor Hudson opened the public hearing.
Paul Schall- Drainage issues
Pete Jackson-Access to route 1
Harriett Scott-Berm concerns
Sue Quate- Water management solutions
Donna Faulkner-More facts of needed
Final Comments :
Applicant :
Mr. Murphy expressed that the applicant is following the rules as presented.
Intervener:
Mr. Carrigan wants the Commission to make an informed decision.
Staff:
Mr. Freeman expressed that the engineer of record will be held to their commitments based on submitted plans.
Applicant to Intervener:
Mr. Murphy expressed that this is of a time sensitive nature and what is presented works.

Mayor Hudson closed the public hearing.

Commissioner Gaines commented that any vote tonight does not mean the project moves forward as this is specific to rezoning.
Commissioner Curtis Johnson commented that engineering staff will ensure the safety of the public. Mr. Mimms also reiterated that engineering must ensure the safety of its citizens.
Commissioner Perona commented on the concerns with impact but expressed that the facts must be followed and is satisfied with the information provided.
Mayor Hudson reiterated that this is a rezoning hearing and her appreciation with the community coming out and providing their input and that the engineering is meeting the requirements for development.
Commissioner Jeremiah Johnson commented that the project is being designed by engineers and being reviewed properly, and that traffic impacts are not significant. In addition, he addressed condition number two.
Commissioner Curtis Johnson expressed concern with condition number two.
City Attorney Earley explained that the limiting language is a regulatory requirement and is okay as written, clarified the importance of the permitting process and explained the code distinction between a minor and major modification which would come back before the Commission.
Commissioner Jeremiah Johnson commented that the interpretation is based on the typical process. City Manager Mimms expressed that this is not a condition but rather the normal requirement and prerequisite.
Commissioner Jeremiah Johnson commented on the improvements of the intersection at Dickson.
Commissioner Curtis Johnson believes the adjustments made and presented are sufficient. 
 

Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Thomas Perona  to approve Ordinance no. 22-017 with the six conditions.

AYE:

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

Passed

Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Thomas Perona to postpone to the July 18, 2022 Regular Meeting.

AYE:

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

Passed

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


RESOLUTION NO. 22-R23
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; ESTABLISHING BY RESOLUTION THE BUSINESS TAX FEES FOR BUSINESSES, PROFESSIONS, OR OCCUPATIONS; AND PROVIDING FOR AN EFFECTIVE DATE.

Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing

Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Jeremiah Johnson to approve Resolution No. 22-R23.

AYE:

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

Passed

City Clerk Linda Cox introduced the Resolution 

RESOLUTION NO. 22-R26
A RESOLUTION OF THE CITY OF FORT PIERCE, FLORIDA (“CITY”); AUTHORIZING THE TRANSFER OF CERTAIN PROPERTY OWNED FOR THE USE AND BENEFIT OF THE FORT PIERCE UTILITIES AUTHORITY (“FPUA”) (“CITY f/u/b/o FPUA”) FOR PARKING TO PAUL A. HEMINGWAY and LAUREL HEMINGWAY (“HEMINGWAYS”); FINDING THAT THE PROPERTY IS NO LONGER NEEDED FOR FPUA PUBLIC PURPOSE; DIRECTING THE CITY CLERK TO ADVERTISE SAID CONVEYANCE; AND PROVIDING FOR AN EFFECTIVE DATE.

Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to approve Resolution No. 22-R26.

AYE:

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

Passed

City Manager Mimms introduced Mike Reals, Public Works Director and Charlene Adair, Parks to give a presentation on renaming Pinewood Park.
Mrs. Adair explained that this is an unsolicited renaming. August 18, 1927, the land was signed over to the City by the Colonial Land Company which was owned by Fred and Emma Fee.
Mayor Hudson explained the history of Pinewood Park and is against changing the name due to its history. The suggestion was made to place a plaque in honor of Mrs. Dunn in lieu of a name change. Mrs. Adair agreed that a plaque would be more appropriate. 
Commissioner Gaines inquired if the Historic Preservation Board is considered in proposed name changes. 
City Attorney Tanya Earley explained that the Historic Preservation Board has two tasks, design review and recommending historic districts. The ordinance would have to change to add a task. Commissioner Gaines commented that his desire is to maintain the history of Fort Pierce not to add another task for the Historic Preservation Board.

Motion was made by Commissioner Arnold Gaines, seconded by Commissioner Curtis Johnson, Jr. to deny the renaming of Pinewood Park.

AYE:

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

Passed

Mr. Mimms inquired if the Commission would like staff to coordinate with the Dunn family in memory of Mrs. Dunn.
Mayor Hudson instructed staff to do so.

Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to approve the letter of support for the St. Lucie County Arts Alliance.

AYE:

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

Passed

Mr. Mimms explained that this is a request for approval of the grant application, authorization to submit the grant, and completion of the attestation local support grant request form.
Mayor Hudson inquired if the grant funds must be requested through the House of Representatives.Mr. Mimms explained that about $175 million dollars statewide are available for this purpose.
Commissioner Jeremiah Johnson inquired if this would include the Moore’s Creek Bridge. Mr. Mimms explained that it would.
Commissioner Gaines inquired on the grant request amount to be allocated. Mr. Mimms confirmed the grant request amount of $2,745.223.
Commissioner Curtis Johnson inquired if additional funds would be considered for projects on the island and if the FPUA is considered in this process. Mr. Mimms explained that this is correct, but this request is a smaller project with the largest allocation for a local project and that they have not been working with the FPUA on supplemental applications; although the utilities work is included in this application. 
Commissioner Perona inquired if this section is 100 percent Fort Pierce. Mr. Mimms explained that it is St. Lucie County, but Fort Pierce will take ownership and provide maintenance prior to or upon completion of the project.
Commissioner Jeremiah Johnson commented that more specifics should be included in the application. Mr. MImms explained that the EDC completed the forms and application on the Cities behalf and is open to suggestions.

Motion was made by Commissioner Arnold Gaines, seconded by Commissioner Curtis Johnson, Jr. for approval of the local support grant request from the Florida House of Representatives for the reconstruction of Indian River Drive.

AYE:

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

Passed

Pamela Carrithers
 

City Manager Nick Mimms announced the annual Unity in Our Community event July 6th from 10 a.m. to 2 p.m. at the Fort Pierce Recreation Center hosted by the Fort Pierce Police Department, Conference Agenda and Budget workshop July 11th at 9 a.m. presenting the balanced budget for FY 23, capital improvement, American Rescue Plan, recreation program expansion, meeting start times, sponsorship and donation policies. 
Commissioner Jeremiah Johnson inquired if local businesses were considered in the purchasing of new uniforms and on the payment to Comcast on underground utilities. Mr. Mimms stated that he would determine if local businesses were considered and agreed on the ordinance pertaining to underground utilities.

City Clerk Linda Cox - No comments

City Attorney Tanya Earley- No comments 

Commissioner Jeremiah Johnson thanked the residents for coming out to celebrate the 4th and the Commission for its financial support. 
Commissioner Gaines thanked the community for its participation in the 4th of July celebration, congratulated Commissioner Curtis Johnson as the newest FAMU National Alumni President, and the Northside senior little league players on making it to state.
Commissioner Perona commented on the week-long celebrations and the amazing work by public works and its many volunteers. 
Commissioner Curtis Johnson echoed the sentiments of Mrs. Carrithers, thanked Commissioner Gaines for the accolades on his new position as Alumni President, plans to support the Northside Little League by attending the game this Friday and celebrated the Pop Warner Champions on a possible opportunity.
Mayor Hudson commented that she will be in attendance at the Highwaymen Reception, Unity and Community event and the pride in Fort Pierce this July 4th weekend.

Mayor Linda Hudson adjourned the meeting at 9:02 p.m.