- 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
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Arnold Gaines to approve the minutes of the October 17, 2022 Regular Meeting.
- AYE:
- Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Arnold Gaines to set the agenda with the postponement of item 12f to the December 05, 2022 Regular Meeting.
- AYE:
- Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
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.
Motion was made by Commissioner Curtis Johnson, Jr., 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
Commissioner Gaines inquired on the requirements of the amendment, to which Ms. Marinello responded that the amendment is a statutory requirement.
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
Motion was made by Commissioner Arnold Gaines, seconded by Commissioner Jeremiah Johnson to approve the Amended Citizen Participation Plan.
- AYE:
- Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
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 - Yes
City Clerk Linda Cox swore in those wanting to speak during this Quasi-Judicial hearing.
Staff Presentation:
Ryan Altizer, Planner, presented the review and approval of an application for a Conditional Use submitted by Tillman Infrastructure, Inc and applicant Telsula Morgan to build a 160-foot monopole communication tower at 1601 N. 25TH Street Fort Pierce FL 34957. Staff recommends approval with the condition that the applicant find a way to use a design that camouflages the pole.
Questions of Staff:
Commissioner Jeremiah Johnson inquired about the condition proposed and the zoning designation of the current towers, to which Mr. Altizer responded that only the landscaping and fencing had been addressed and that he cannot speak to the zoning designation of the other locations.
Mayor Hudson inquired about the medium residential zoning designation that surrounds to the west of the proposed location, to which Mr. Altizer responded that there is residential zoning to the north, west and south of the proposed location.
Applicant Questions of Staff:
None
Applicant Presentation:
Telsula Morgan and Tara Dewey, Tillman Infrastructure Inc, provided a presentation and answered questions on the proposed project at 1601 N 25th street.
Questions of the Applicant:
Commissioner Curtis Johnson inquired on the proposed drainage plan. Robert Rennebaum, Simmons & White Inc, discussed the site plan.
Commissioner Gaines inquired about the method used to notify the community of the October 18th community meeting, if the Lincoln Park Center staff were notified of the meetings topic and was the Lincoln Park staff solicited in the advertisement for the meeting. Ms. Morgan responded that a sign was placed on the proposed site, Lincoln Park Center staff was unaware of the meeting topic and not solicited to advertise it.
Commissioner Jeremiah Johnson inquired about the options available to make the proposed tower esthetically appealing, pole options, the future technology accommodations, similar infrastructure to the proposed project, the type of generator that will be used and regulation by the DEP. Ms. Dewey commented that the applicant is willing to paint the pole. Danielle Petti, Tillman Infrastructure responded that the galvanized structure is not the only option but recommends it due to its longevity, explained the type of pole may be considered due to the location and height, and that the generators are filed with the DEP. Patrick Keen, Radio Frequency Engineer, T-Mobile explained that the newest 5g equipment does not fit inside the enclosure, generates greater heat, and will not support the height or depth seen in the flagpole design. Mr. Keen elaborated that the most efficient model is the mono pole presented.
Commissioner Gaines inquired if the generator produces noise. Ms. Petti explained that the diesel generator runs briefly during a power outage and monthly testing.
Commissioner Jeremiah Johnson inquired about the impact to the existing landscaping and how that impact will be mitigated. Ms. Dewey entered into the record an updated landscaping plan with additional shade trees and will work with the owner of the adjacent land to add additional trees if requested.
Mayor Hudson opened the public hearing.
Public Comments:
Maxy Ellis - opposed
Lashawn Bell – opposed
Michael Latimer– opposed
Reginald Sessions – opposed
Samuel Gaines – opposed
Shando Bethel – opposed
Ionis Jefferson – opposed
Gloria Johnson-Scott – opposed
Andrea Dampier – opposed
Donald Scott – opposed
Pearl Davis – opposed
Applicant Closing Statement:
Ms. Morgan and Ms. Dewy addressed the statements made by the public and answered questions posed by the Commission.
Mayor Hudson closed the public hearing.
Comments from the Commission:
Commissioner Curtis Johnson expressed his concerns with community engagement and posed a question to City Attorney Tanya Earley regarding the Federal Communications Commission. Mrs. Earley explained the FCC requirements.
Commissioner Gaines expressed his concerns with community engagement.
Mayor Hudson expressed her concerns with the proposed project.
Commissioner Perona expressed the need for competent substantial evidence.
Commissioner Jeremiah expressed the challenges with the proposed project.
City Attorney Tanya Earley reiterated that the City’s code contains standards of review.
There was deliberation regarding code standards of review.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Curtis Johnson, Jr. to deny the Conditional Use for the following reasons,
1. The height of the proposed tower and antenna cannot be obscured to comply with staff’s recommendation.
2. The proximity of the antenna support structure in relation to surrounding residential structures and residential district boundaries is immediate, and therefore in conflict with the allowed uses of the surrounding zoning districts.
3. In light of the surrounding topography and the existing roadway connections, placing the tower at the proposed location could lead to drainage issues.
4. The proposed tower location is on the portion of the parcel that is most densely covered with vegetation; placing the tower at that location would require the removal of the vegetation and have a negative visual effect on surrounding properties.
- AYE:
- Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
- NAY:
- Commissioner Thomas Perona
Passed
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. (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. 22-033
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
- NAY:
- Commissioner Arnold Gaines
Passed
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. (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. 22-034
- AYE:
- Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
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.(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. 22-035.
- AYE:
- Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
RESOLUTION NO. 22-R24
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, CERTIFYING THE APPOINTMENT OF MEMBERS TO THE SUNRISE THEATRE ADVISORY BOARD; PROVIDING FOR AN EFFECTIVE DATE.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Curtis Johnson, Jr. to approve Resolution No. 22-R42 appointing Victoria Bush to the Sunrise Theatre Advisory Board.
- AYE:
- Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
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.
Commissioner Gaines thanked the City Manager and encouraged the public to take the upcoming storm seriously.
Commissioner Curtis Johnson requested that the City reduce and maintain debris due to the upcoming storm.
City Clerk Linda Cox – Is pleased with conversation on property fencing.
City Attorney Tanya Earley – No comments
Commissioner Curtis Johnson commented on the upcoming storm.
Commissioner Gaines commented on the level of respect displayed by the Commission and the upcoming elections.
Commissioner Jeremiah Johnson commented on the upcoming elections and acknowledged Commissioner Perona for his service.
Mayor Hudson requested the Commission consider renaming Jaycee Park and called for nominations.
Consensus was to move forward with the call for nominations in accordance with our procedure.
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.
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CITY CLERK
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MAYOR COMMISSIONER
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