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 5:05 P.M. ON MONDAY, OCTOBER 17, 2022.
1.
CALL TO ORDER
Mayor Hudson called the October 17, 2022, Regular Meeting of the City Commission to order at 5:05 P.M.
2.
OPENING PRAYER - Pastor Andrea Byer-Thomas with Community United Methodist 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 minutes from the September 19, 2022 regular meeting.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to approve the minutes of the September 19, 2022, Regular Meeting.
- AYE:
- Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
b.
Approval of minutes from the October 3, 2022 regular meeting.
Motion was made by Commissioner Arnold Gaines, seconded by Commissioner Curtis Johnson, Jr. to approve the minutes of the October 3, 2022 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
8.
ADDITIONS OR DELETIONS TO AGENDA AND APPROVAL OF AGENDA
Motion was made by Commissioner Arnold Gaines, seconded by Commissioner Jeremiah Johnson 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 comments
10.
MISCELLANEOUS REPORTS
11.
CONSENT AGENDA
a.
Approval of Blanket Purchase Orders for the Police Department for FY2022-2023 for a total of $435,036.
b.
Approval of the union contract between the City of Fort Pierce and the Teamsters Local Union Number 769 regarding wages.
Motion was made by Commissioner Arnold Gaines, 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.
Quasi-Judicial Hearing Review and approval of an application for a Site Plan (Development and Design Review) with a Conditional Use to construct an approximately 78,408 square foot closed-roof Water Reclamation Facility development with one (1) administration and maintenance building, open-roof processing, pump stations, aqua basins, storage tanks and ponds, chlorine tanks and basins, and associated site improvements at or near 4515 Energy Lane in Fort Pierce, Florida, more specifically located at Parcel Control Number: 2431-422-0001-000-3.
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 - Yes
Commissioner Curtis Johnson Jr.- No
Commissioner Jeremiah Johnson - Yes
Commissioner Thomas Perona- Yes
Mayor Hudson - Yes
City Clerk Linda Cox swore in those wanting to speak during this Quasi-Judicial hearing.
Staff Presentation:
Vennis Gilmore, Senior Planner, presented the application for a Site Plan (Development and Design Review) with a Conditional Use to construct an approximately 78,408 square foot closed-roof Water Reclamation Facility development with one (1) administration and maintenance building, open-roof processing, pump stations, aqua basins, storage tanks and ponds, chlorine tanks and basins, and associated site improvements at or near 4515 Energy Lane in Fort Pierce, Florida. Staff recommends approval of the requested applications with the following (4) conditions:
1. A completion certification 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.
3. Install a green vinyl-coated chain link fence around the perimeter with no slats.
4. Prior to the issuance of any building permits, provide a landscaping plan that exhibits landscaping throughout the site and adheres to City Code 123-37. – General Landscaping Requirements
Questions of Staff:
Commissioner Jeremiah Johnson inquired on the addition of conditions three and four. Mr. Gilmore explained that the Planning Board requested the additions to meet the standards required of previous applications. Kevin Freeman, Planning Director, commented that the applicant had not responded to condition three and the Planning Board was concerned about the commercial development to the east with the landscaping requirements in conditions four (4).
Mayor Hudson commented that the staff recommendations incorporated the Planning Board recommendations.
Questions of the Applicant:
Bo Hutchinson, Director of Water/Wastewater Systems responded to the Commissions questions explaining that a chain-link fence was included in the previous plan; although not depicted, and that landscaping had been discussed with the intention to have a nice-looking low maintenance site in the event of a storm. It is the desire of the FPUA to only landscape the east side of the site.
Commissioner Jeremiah Johnson inquired on the plan for the north and south sides of the property line. Mr. Hutchinson explained the North Saint Lucie Control District owns the canal and the adjoining sides, there are no plans to disturb the natural vegetation on the north side of the plant, and road access is being made available during construction.
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
Motion was made by Commissioner Perona seconded by Commissioner Curtis Johnson to approve the Site Plan with four (4) conditions as discussed.
Commissioner Curtis Johnson requested clarification on the modification. Mr. Freeman clarified the landscaping requested by the applicant. Mr. Mimms referenced condition four (4) and explained that if the Commission wanted to include an additional condition on the reconfiguration of the landscaping plan, they would need to do so now.
Commissioner Perona withdrew the motion
Motion was made by Commissioner Curtis Johnson to approve the four (4) existing conditions and include a 5th to bring a reconfigured site plan before the Commission for final approval. There was no second.
Commissioner Perona pointed out that the applicant may have the site plan with their requested landscaping reconfiguration.
Mayor Hudson reopened the public hearing.
Joe Kantor, The Haskell Company, explained the original intent of conditions three and four and presented a site plan.
Mayor Hudson inquired if the landscaping buffer must be trees or could it be something else. Craig Handley, Project Landscape Architect, The Haskell Group, indicated the applicant would consider other options in lieu of trees but does not believe that will satisfy code as stipulated. Mr. Kantor presented the site plan overlay for a better view of the proposed site plan. Mr. Gilmore suggested a change of condition four (4).
Mayor Hudson closed the public hearing.
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.- No
Commissioner Jeremiah Johnson - Yes
Commissioner Thomas Perona- Yes
Mayor Hudson - Yes
City Clerk Linda Cox swore in those wanting to speak during this Quasi-Judicial hearing.
Staff Presentation:
Vennis Gilmore, Senior Planner, presented the application for a Site Plan (Development and Design Review) with a Conditional Use to construct an approximately 78,408 square foot closed-roof Water Reclamation Facility development with one (1) administration and maintenance building, open-roof processing, pump stations, aqua basins, storage tanks and ponds, chlorine tanks and basins, and associated site improvements at or near 4515 Energy Lane in Fort Pierce, Florida. Staff recommends approval of the requested applications with the following (4) conditions:
1. A completion certification 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.
3. Install a green vinyl-coated chain link fence around the perimeter with no slats.
4. Prior to the issuance of any building permits, provide a landscaping plan that exhibits landscaping throughout the site and adheres to City Code 123-37. – General Landscaping Requirements
Questions of Staff:
Commissioner Jeremiah Johnson inquired on the addition of conditions three and four. Mr. Gilmore explained that the Planning Board requested the additions to meet the standards required of previous applications. Kevin Freeman, Planning Director, commented that the applicant had not responded to condition three and the Planning Board was concerned about the commercial development to the east with the landscaping requirements in conditions four (4).
Mayor Hudson commented that the staff recommendations incorporated the Planning Board recommendations.
Questions of the Applicant:
Bo Hutchinson, Director of Water/Wastewater Systems responded to the Commissions questions explaining that a chain-link fence was included in the previous plan; although not depicted, and that landscaping had been discussed with the intention to have a nice-looking low maintenance site in the event of a storm. It is the desire of the FPUA to only landscape the east side of the site.
Commissioner Jeremiah Johnson inquired on the plan for the north and south sides of the property line. Mr. Hutchinson explained the North Saint Lucie Control District owns the canal and the adjoining sides, there are no plans to disturb the natural vegetation on the north side of the plant, and road access is being made available during construction.
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
Motion was made by Commissioner Perona seconded by Commissioner Curtis Johnson to approve the Site Plan with four (4) conditions as discussed.
Commissioner Curtis Johnson requested clarification on the modification. Mr. Freeman clarified the landscaping requested by the applicant. Mr. Mimms referenced condition four (4) and explained that if the Commission wanted to include an additional condition on the reconfiguration of the landscaping plan, they would need to do so now.
Commissioner Perona withdrew the motion
Motion was made by Commissioner Curtis Johnson to approve the four (4) existing conditions and include a 5th to bring a reconfigured site plan before the Commission for final approval. There was no second.
Commissioner Perona pointed out that the applicant may have the site plan with their requested landscaping reconfiguration.
Mayor Hudson reopened the public hearing.
Joe Kantor, The Haskell Company, explained the original intent of conditions three and four and presented a site plan.
Mayor Hudson inquired if the landscaping buffer must be trees or could it be something else. Craig Handley, Project Landscape Architect, The Haskell Group, indicated the applicant would consider other options in lieu of trees but does not believe that will satisfy code as stipulated. Mr. Kantor presented the site plan overlay for a better view of the proposed site plan. Mr. Gilmore suggested a change of condition four (4).
Mayor Hudson closed the public hearing.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Jeremiah Johnson to approve the Site Plan with four (4) conditions. The verbiage of condition four (4) will be modified to read: Prior to the issuance of any building permits provide a landscaping plan that exhibits landscaping along the eastern portion of the site that meets general landscaping requirements.
- AYE:
- Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
b.
Quasi-Judicial Hearing - Review and approval of an application for a Site Plan (Development and Design Review) approval to construct a 7,329 square foot Vehicle Reconditioning Facility with associated site improvements at or near 3300 and 3330 S US Highway 1 in Fort Pierce, Florida, more specifically located at Parcel Control Numbers: 2427-421-0001-000-7, 2427-421-0002-000-4.
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.- No
Commissioner Jeremiah Johnson - Yes
Commissioner Thomas Perona- No
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 an application for a Site Plan (Development and Design Review) approval to construct a 7,329 square foot Vehicle Reconditioning Facility with associated site improvements at or near 3300 and 3330 S US Highway 1 in Fort Pierce, Florida. Staff recommends approval of the requested application with the following conditions:
1. A completion certification 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.
3. Prior to the issuance of Building Permit approval, provide colored elevations to demonstrate that the proposed building conforms to the specifications of City Code 125-314, Design Review. Confirm that the architecture and color scheme of the new structure will match that of the existing structure.
4. Per City Code Chapter 121 Subdivisions, a Preliminary and Final Plat are required.
5. Provide sidewalks and sidewalk connections along abutting ROW(s) per City Code Section 125-317 (b).
6. A crosswalk from Bev Smith Toyota’s south parcel to the proposed employee parking to the north shall be provided when the site plan for the north parcel is submitted.
7. Provide a Covenant in Lieu of Unity of Title or Shared Parking Agreement between Bev Smith Toyota north (Parcel ID: 2427-421-0002-000-4) and south (Parcel ID: 2427-801-0001-000-3) parcels.
8. A Unity of Title with the St. Lucie County Clerk of Courts and a Parcel Combination with the St. Lucie County Property Appraiser shall be conducted before the issuance of a Building Permit.
Questions of Staff:
Commissioner Jeremiah Johnson inquired on the crosswalk and traffic pattern changes. Mr. Gilmore clarified the crosswalk and explained that there is no traffic access form US Highway 1.
Questions of the Applicant:
Bill Pittsley, MBV Engineering Inc. clarified that they are in coordination with the County for stormwater and crosswalk improvements.
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
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.- No
Commissioner Jeremiah Johnson - Yes
Commissioner Thomas Perona- No
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 an application for a Site Plan (Development and Design Review) approval to construct a 7,329 square foot Vehicle Reconditioning Facility with associated site improvements at or near 3300 and 3330 S US Highway 1 in Fort Pierce, Florida. Staff recommends approval of the requested application with the following conditions:
1. A completion certification 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.
3. Prior to the issuance of Building Permit approval, provide colored elevations to demonstrate that the proposed building conforms to the specifications of City Code 125-314, Design Review. Confirm that the architecture and color scheme of the new structure will match that of the existing structure.
4. Per City Code Chapter 121 Subdivisions, a Preliminary and Final Plat are required.
5. Provide sidewalks and sidewalk connections along abutting ROW(s) per City Code Section 125-317 (b).
6. A crosswalk from Bev Smith Toyota’s south parcel to the proposed employee parking to the north shall be provided when the site plan for the north parcel is submitted.
7. Provide a Covenant in Lieu of Unity of Title or Shared Parking Agreement between Bev Smith Toyota north (Parcel ID: 2427-421-0002-000-4) and south (Parcel ID: 2427-801-0001-000-3) parcels.
8. A Unity of Title with the St. Lucie County Clerk of Courts and a Parcel Combination with the St. Lucie County Property Appraiser shall be conducted before the issuance of a Building Permit.
Questions of Staff:
Commissioner Jeremiah Johnson inquired on the crosswalk and traffic pattern changes. Mr. Gilmore clarified the crosswalk and explained that there is no traffic access form US Highway 1.
Questions of the Applicant:
Bill Pittsley, MBV Engineering Inc. clarified that they are in coordination with the County for stormwater and crosswalk improvements.
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Arnold Gaines to approve the application for Site Plan with eight (8) conditions.
- AYE:
- Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
c.
Legislative Hearing - Ordinance No. 22-026 amending the Future Land Use Map of the Comprehensive Plan to change the designation of one (1) parcel generally located at or near the south side of Graham Road and approximately 600 feet east of South Kings Highway from RL, Low Density Residential to GC, General Commercial. SECOND READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.
ORDINANCE NO. 22-026
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 ONE (1) PARCEL GENERALLY LOCATED AT OR NEAR THE SOUTH SIDE OF GRAHAM ROAD AND APPROXIMATELY 600 FEET EAST OF SOUTH KINGS HIGHWAY, FROM CITY OF FORT PIERCE (RL) LOW DENSITY RESIDENTIAL TO CITY OF FORT PIERCE (GC) GENERAL COMMERCIAL; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF 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.
ORDINANCE NO. 22-026
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 ONE (1) PARCEL GENERALLY LOCATED AT OR NEAR THE SOUTH SIDE OF GRAHAM ROAD AND APPROXIMATELY 600 FEET EAST OF SOUTH KINGS HIGHWAY, FROM CITY OF FORT PIERCE (RL) LOW DENSITY RESIDENTIAL TO CITY OF FORT PIERCE (GC) GENERAL COMMERCIAL; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF 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. 22-026.
- AYE:
- Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
d.
Legislative Hearing - Ordinance No. 22-029 - an ordinance rezoning the property generally located at or near the south side of Graham Road and approximately 600 feet east of South Kings Highway, from (R-1) Low Density Residential Zone to (CP-1) Commercial Parkway Zone. SECOND READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.
ORDINANCE NO. 22-029
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; REZONING THE PROPERTY GENERALLY LOCATED AT OR NEAR THE SOUTH SIDE OF GRAHAM ROAD AND APPROXIMATELY 600 FEET EAST OF SOUTH KINGS HIGHWAY, FROM (R-1) LOW DENSITY RESIDENTIAL ZONE TO (CP-1) COMMERCIAL PARKWAY ZONE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF 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.
ORDINANCE NO. 22-029
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; REZONING THE PROPERTY GENERALLY LOCATED AT OR NEAR THE SOUTH SIDE OF GRAHAM ROAD AND APPROXIMATELY 600 FEET EAST OF SOUTH KINGS HIGHWAY, FROM (R-1) LOW DENSITY RESIDENTIAL ZONE TO (CP-1) COMMERCIAL PARKWAY ZONE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF 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 Thomas Perona, seconded by Commissioner Curtis Johnson, Jr. to approve Ordinance No. 22-029.
- AYE:
- Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
e.
Legislative Hearing - Ordinance 22-030 - Review and approval of an application for a voluntary annexation by property owners Canadian Corporation and applicant Jeremy Mears of the parcel at or near 3000 Virginia Avenue. Parcel ID: 2419-111-0002-000-7. SECOND READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.
ORDINANCE NO. 22-030
AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE ONE (1) PARCEL AT OR NEAR 3000 VIRGINIA AVENUE 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.
ORDINANCE NO. 22-030
AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE ONE (1) PARCEL AT OR NEAR 3000 VIRGINIA AVENUE 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 Jeremiah Johnson, seconded by Commissioner Arnold Gaines to approve Ordinance No. 22-030.
- AYE:
- Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
f.
Legislative Hearing - Ordinance No. 22-031 - Annexing three (3) parcels at or near the northeast corner of South Kings Highway and White Road. SECOND READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.
ORDINANCE NO. 22-031
AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE THREE (3) PARCELS AT OR NEAR THE NORTHEAST CORNER OF SOUTH KINGS HIGHWAY AND WHITE ROAD 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.
ORDINANCE NO. 22-031
AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE THREE (3) PARCELS AT OR NEAR THE NORTHEAST CORNER OF SOUTH KINGS HIGHWAY AND WHITE ROAD 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 Arnold Gaines, seconded by Commissioner Curtis Johnson, Jr. to approve Ordinance No. 22-031.
- AYE:
- Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
g.
Legislative Hearing - Ordinance No. 22-033 changing Short Term and Vacation Rental renewal dates from September 30 to anniversary billing. FIRST READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.
ORDINANCE NO. 22-033
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA AMENDING THE CODE OF ORDINANCES OF THE CITY OF FORT PIERCE, FLORIDA; CHAPTER 22, ARTICLE X, SHORT TERM AND VACATION RENTAL REGULATIONS, REMOVING SECTION 22-507- EXISTING LEGAL NONCONFORMITIES; AMENDING SECTION 22-516- DURATION OF RENTAL UNIT REGISTRATION; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
City Clerk Linda Cox explained that this Ordinance is strictly for the change to anniversary billing and that the short-term rental fee will be reviewed and discussed during the December 12, 2022, Conference Agenda meeting.
Mayor Hudson opened the public hearing.
Michelle Danaluk -Against change.
Mayor Hudson closed the public hearing.
There was a lengthy discussion regarding this item including annual billing, anniversary billing, and billing statement disbursement.
ORDINANCE NO. 22-033
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA AMENDING THE CODE OF ORDINANCES OF THE CITY OF FORT PIERCE, FLORIDA; CHAPTER 22, ARTICLE X, SHORT TERM AND VACATION RENTAL REGULATIONS, REMOVING SECTION 22-507- EXISTING LEGAL NONCONFORMITIES; AMENDING SECTION 22-516- DURATION OF RENTAL UNIT REGISTRATION; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
City Clerk Linda Cox explained that this Ordinance is strictly for the change to anniversary billing and that the short-term rental fee will be reviewed and discussed during the December 12, 2022, Conference Agenda meeting.
Mayor Hudson opened the public hearing.
Michelle Danaluk -Against change.
Mayor Hudson closed the public hearing.
There was a lengthy discussion regarding this item including annual billing, anniversary billing, and billing statement disbursement.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Curtis Johnson, Jr. to approve Ordinance No. 22-033.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
- NAY:
- Commissioner Arnold Gaines
Passed
h.
Legislative Hearing - Ordinance No. 22-034 creating an Affordable Housing Advisory Committee due to the larger allocation for the S.H.I.P. programs. FIRST READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.
ORDINANCE NO. 22-034
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; AMENDING CHAPTER 103, ARTICLE X, CREATING SECTION 103-373 TO ESTABLISH THE AFFORDABLE HOUSING ADVISORY COMMITTEE; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL PORTIONS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
Brittany Marinello, Grants Division Manager, presented the establishment of the Affordable Housing Advisory Committee (AHAC) as mandated by the State of Florida to create Affordable Housing initiatives within the City of Fort Pierce.
There was a lengthy discussion regarding this item including committee involvement and the responsibility of the committee members for reports based on state statue.
Commissioner Gaines volunteered for the required Commission seat as he holds this position on the County level.
Mayor Hudson opened the public hearing.
Michelle Danaluk- Public hearing concerns
Mayor Hudson closed the public hearing.
ORDINANCE NO. 22-034
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; AMENDING CHAPTER 103, ARTICLE X, CREATING SECTION 103-373 TO ESTABLISH THE AFFORDABLE HOUSING ADVISORY COMMITTEE; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL PORTIONS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
Brittany Marinello, Grants Division Manager, presented the establishment of the Affordable Housing Advisory Committee (AHAC) as mandated by the State of Florida to create Affordable Housing initiatives within the City of Fort Pierce.
There was a lengthy discussion regarding this item including committee involvement and the responsibility of the committee members for reports based on state statue.
Commissioner Gaines volunteered for the required Commission seat as he holds this position on the County level.
Mayor Hudson opened the public hearing.
Michelle Danaluk- Public hearing concerns
Mayor Hudson closed the public hearing.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Arnold Gaines to approve Ordinance No. 22-034.
- AYE:
- Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
i.
Legislative Hearing - Ordinance 22-035 - Impact Fee Moratorium within Urban Infill and Redevelopment Area. FIRST READING.
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.
ORDINANCE NO. 22-035
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FORT PIERCE, FLORIDA; PROVIDING FOR A MORATORIUM ON THE IMPOSITION AND COLLECTION OF CITY IMPACT FEES FOR A PERIOD OF ONE (1) YEAR WITHIN THE BOUNDARIES OF THE CITY’S DESIGNATED URBAN INFILL AND REDEVELOPMENT AREA REQUIRED BY SECTIONS 113-8, 113-15 THROUGH AND INCLUDING 113-19 OF THE CITY CODE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
ORDINANCE NO. 22-035
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FORT PIERCE, FLORIDA; PROVIDING FOR A MORATORIUM ON THE IMPOSITION AND COLLECTION OF CITY IMPACT FEES FOR A PERIOD OF ONE (1) YEAR WITHIN THE BOUNDARIES OF THE CITY’S DESIGNATED URBAN INFILL AND REDEVELOPMENT AREA REQUIRED BY SECTIONS 113-8, 113-15 THROUGH AND INCLUDING 113-19 OF THE CITY CODE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
Motion was made by Commissioner Arnold Gaines, seconded by Commissioner Curtis Johnson, Jr. to approve Ordinance No. 22-035.
- AYE:
- Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
13.
CITY COMMISSION
a.
Resolution No. 22-R40 appointing members to the Fort Pierce Youth Advisory Council
City Clerk Linda Cox introduced the Resolution, read by title only, into the record.
RESOLUTION NO. 22-R40
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, CERTIFYING THE APPOINTMENT OF MEMBERS TO THE YOUTH ADVISORY COUNCIL; PROVIDING FOR AN EFFECTIVE DATE.
There was a discussion regarding this item including making all volunteers at large appointees, the Resolution verbiage to reflect this change and a recommendation for determining an appointee count.
Motion was made by Commissioner Arnold Gaines, seconded by Commissioner Curtis Johnson, Jr. to approve Resolution No. 22-R40 appointing all applicants as at-large members.
- AYE:
- Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
b.
Resolution No. 22-R41 appointing David BuShea as Commissioner Curtis Johnson's representative to the Keep Fort Pierce Beautiful Board.
City Clerk Linda Cox introduced the Resolution, read by title only, into the record.
RESOLUTION NO. 22-R41
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, CERTIFYING THE APPOINTMENT OR REAPPOINTMENT OF MEMBERS TO THE KEEP FORT PIERCE BEAUTIFUL ADVISORY BOARD; PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. 22-R41
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, CERTIFYING THE APPOINTMENT OR REAPPOINTMENT OF MEMBERS TO THE KEEP FORT PIERCE BEAUTIFUL ADVISORY BOARD; PROVIDING FOR AN EFFECTIVE DATE.
Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Jeremiah Johnson to approve Resolution No. 22-R41
- 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.
Dana France
Michelle Danaluk
Michelle Danaluk
15.
COMMENTS FROM THE CITY MANAGER
a.
Reports
City Manager Mimms highlighted the accomplishments of the Youth Recreation program and announced the Gubernatorial Debate October 24th at 7 p.m. at the Sunrise Theatre.
City Clerk Linda Cox – No comments
City Attorney Tanya Earley – No comments
City Clerk Linda Cox – No comments
City Attorney Tanya Earley – No comments
16.
COMMENTS FROM THE COMMISSION
Commissioner Perona provided an update on the Jaycee Park community build.
Commissioner Curtis Johnson commented on the great things taking place in Fort Pierce including upcoming youth sports events.
Commissioner Gaines commented on the upcoming sports events and great things happening, requested the support of the youth, and the Gubernatorial Debate.
Commissioner Jeremiah Johnson commented on the Welcome Mile and the pride of the City.
Mayor Hudson commented on the Jaycee Park build and the participation on the community, the City is not the authority in the Gubernatorial Debate, and The Ghost Walk is October 26th and 27th.
Commissioner Curtis Johnson commented on the great things taking place in Fort Pierce including upcoming youth sports events.
Commissioner Gaines commented on the upcoming sports events and great things happening, requested the support of the youth, and the Gubernatorial Debate.
Commissioner Jeremiah Johnson commented on the Welcome Mile and the pride of the City.
Mayor Hudson commented on the Jaycee Park build and the participation on the community, the City is not the authority in the Gubernatorial Debate, and The Ghost Walk is October 26th and 27th.
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 7:11 P.M.
ATTEST:
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CITY CLERK
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MAYOR COMMISSIONER
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