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Minutes for City Commission Regular Meeting - 5:05 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 5:05 P.M. ON MONDAY, JUNE 20, 2023.
 
1.
CALL TO ORDER
Mayor Hudson called the June 20, 2023, Regular Meeting of the City Commission to order at 5:05 P.M.
 
 
2.
OPENING PRAYER - Pastor Mike Schneider with Faith Baptist Church
 
3.
PLEDGE OF ALLEGIANCE
 
4.
ROLL CALL
Present:
Commissioner Michael Broderick; Commissioner Arnold Gaines; Commissioner Curtis Johnson, Jr.; Commissioner Jeremiah Johnson; 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 June 05, 2023 Regular Meeting
 

Motion was made by Commissioner Arnold Gaines, seconded by Commissioner Curtis Johnson, Jr. to approve the minutes of the June 05, 2023 Regular Meeting.

AYE:
Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson

Passed

 
6.
PROCLAMATIONS
 
a.
Introduction of Miss Juneteenth
 
7.
LETTERS TO COMMISSION
 
a.
Email from Michelle Danaluk commending Latoya Ransom, Deputy City Clerk, for her excellent customer service.
 
b.
Email from Kathleen Boutin in appreciation of Public Works Facilities Maintenance Technician Herbert Cunningham's dedication to the City of Fort Pierce and for the department’s efforts in maintaining Jaycee Park.
 
c.
Thank you card from Rita Piero in recognition of Police Officers Therilus Thervil and Milton Dames’s professionalism and considerateness when assisting her with the filing of police reports.
 
d.
Letter from Darryl Epps expressing his appreciation for the night-shift Fort Pierce Police Officers’ professional conduct and readiness to assist.
 
8.
ADDITIONS OR DELETIONS TO AGENDA AND APPROVAL OF AGENDA
Staff requested the continuation of item 12a.
 

Motion was made by Commissioner Arnold Gaines, seconded by Commissioner Curtis Johnson, Jr. to continue item 12a to August 21, 2023.

AYE:
Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson

Passed

 

Motion was made by Commissioner Arnold Gaines, seconded by Commissioner Curtis Johnson, Jr. to approve the Agenda as amended.

AYE:
Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, 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.
Mario Wilcox
 
10.
MISCELLANEOUS REPORTS
 
a.
Waste Management check presentation to Commission
Jeff Sabin, WM, presented the City of Fort Pierce with a check for $250,000 for their partnership and offered a tour of the facility.
 
 
11.
CONSENT AGENDA
 
a.
Approval of travel for Commissioner Curtis Johnson to attend the 2023 Florida League of Cities Annual Conference in Orlando, Florida from August 10, 2023 to August 13, 2023 in the amount of $1636.15. 
 
b.
Approval of travel for Mayor Linda Hudson to attend the 2023 Florida League of Cities Annual Conference in Orlando, Florida from August 10, 2023 to August 13, 2023 in the amount of $1635.15.
 
c.
Approval of travel for Commissioner Arnold S. Gaines to attend the Florida League of Cities Annual Conference in Orlando, Florida from August 10, 2023 to August 13, 2023 in the amount of $1636.15.
 
d.
Approval of Infill Lien Reduction Program Development Agreement with Shores Pad, LLC, Owner of 801 Avenue B.
 
e.
Approval of Grant Awarded Pursuant to Chapter 2022-156, Laws of Florida, Specific Appropriation 2944A.
 
 
f.
Approval to purchase traffic signal supplies from Econolite, Jacksonville, FL, in the amount of $97,518.00. 
 
g.
Approval of "Award Agreement" from the Florida Department of Law Enforcement JAG21 - Countywide Grant in the amount of $29,799.00. 
 
h.
Approval of letter of support to Florida Division of Cultural Affairs on behalf of the St. Lucie Cultural Alliance for general program support for 2024-2025.
 
i.
Approve request of the Fort Pierce Police Department to purchase two DART mobile training simulators and accessories in an amount not to exceed $29,990.00, from DART Range, Lake Mary, FL.
 
j.
Approval the following contributions in the total amount of $69,500.00 from the Law Enforcement Trust Fund to the following non-profit organization or programs that are in good standing, support and serve the citizens of Fort Pierce in the following amounts: Project Lift - $5,000, GraceWay Village - $5,000, In the Image of Christ - $5,000, Mustard Seed Ministries and Sarah’s Kitchen - $10,000, New Life Christian Fellowship Church, Inc. - $3,500, Little Birthday Angels - $3,000, Pace for Girls - $5,000, IRSC Foundation $2,000, United Against Poverty - $3,000, Northside Bat and Ball Little League Baseball, Inc. - $3,000, Courageous Kids - $5,000, Resources In Community Hope (RICH) North and South – $10,000, Fort Pierce Police Explorers - $5,000 and Unity In Our Community - $5,000.
 

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

AYE:
Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson

Passed

 
12.
PUBLIC HEARINGS
 
a.
POSTPONED TO AUGUST 21, 2023. Quasi-Judicial Hearing deferred from April 17, 2023 - Review and approval of an application for a Site Plan (Development and Design Review) and Conditional Use by property owner Love Center Regeneration Ministries and applicant Deborah L. Martohue, Esq. AICP, to construct a 199-foot monopole telecommunication tower located at 3111 Avenue D, more specifically located at Parcel ID: 2408-123-0008-000-2.
 
b.
Quasi-Judicial Hearing - Review and Approval of an application for Final Plat, submitted by Property Owner(s), CCCV Fort Enterprises LLC, and Applicant, Dennis Murphy of Culpepper & Terpening, Inc., to subdivide approximately 1.7 acres of land (more or less)  into 13 platted lots including 1 common-area tract for The Coral Sands Subdivision located at or near 511 South Ocean Drive in Fort Pierce, FL. The property is currently zoned Planned Development (PD). Parcel Control Number: 2401-502-0026-000-6.
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 Michael Broderick-Yes (Developer)
Commissioner Arnold Gaines - No
Commissioner Curtis Johnson Jr.- No
Commissioner Jeremiah Johnson - No
Mayor Hudson - No
 
City Clerk Linda Cox swore in those wanting to speak during this Quasi-Judicial hearing. 

Staff Presentation:
Vennis Gilmore, Assistant Planning Director, presented the review and approval of an application for a Final Plat.

RECOMMENDATION:
Staff recommends Approval of the request with one (1) condition:
 
1. The applicant will supply two (2) Mylars for appropriate signatures and then the plat is recorded with St. Lucie County Clerk of Courts in accordance with Florida State Statute 177.111.

Questions of Staff:
None

Question of the Applicant:
Dennis Murphy, Culpepper & Terpening, Inc. was available for questions.

Mayor Hudson opened the public hearing.

Mayor Hudson closed the public hearing.
 
Commissioner Gaines inquired of Attorney Earley if there was a conflict because he and the developer are on a Board together.
 
Attorney Earley asked that a break be taken to discuss the concern of Commissioner Gaines.
 
Mayor Hudson announced a two-minute break.
 
Ms. Earley explained that based on the information provided by Commissioner Gaines, there is no conflict.
 
 

Motion was made by Commissioner Michael Broderick, seconded by Commissioner Jeremiah Johnson to approve the application for Final Plat with (1) one condition.

AYE:
Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson

Passed

 
c.
Legislative Hearing - Ordinance 23-031: Annexation - City Initiated - 13 Parcels owned by Cypress Knee LLC located north of Orange Ave and East of Jenkins Road, Parcel ID's; 2407-231-0001-000-2, 2407-231-0002-000-9, 2407-231-0002-140-2, 2407-231-0002-130-9, 2407-231-0002-120-6, 2407-231-0002-110-3, 2407-231-0002-150-5, 2407-231-0002-050-4, 2407-231-0002-060-7, 2407-231-0002-070-0, 2407-231-0002-080-3, 2407-231-0002-090-6, and 2407-231-0002-100-0 - SECOND READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.

ORDINANCE NO. 23-031
AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE THIRTEEN (13) LOTS AT OR NEAR LA JEAN DRIVE AND THE INTERSECTION OF ORANGE AVENUE WITH N. JENKINS ROAD AND S. JENKINS ROAD IN FORT PIERCE, FLORIDA; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF JANUARY 1, 2024; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; CERTIFYING PUBLICATION OF THIS ORDINANCE; 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 23-031.

AYE:
Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson

Passed

 
d.
Legislative Hearing - Ordinance 23-032 - Annexation - City Initiated - 1 Parcel Gerald Groothouse located at 5310 Orange Ave, Parcel ID's; 242407-234-0004-000-2. - SECOND READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.

ORDINANCE NO. 23-032
AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE ONE (1) LOT AT OR NEAR 5310 ORANGE AVENUE AND IN FORT PIERCE, FLORIDA; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF JANUARY 1, 2024; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; CERTIFYING PUBLICATION OF THIS ORDINANCE; 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 23-032.

AYE:
Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson

Passed

 
e.
Legislative Hearing - Ordinance 23-033 - Annexation - City Initiated - 1 Parcel owned by St. Lucie Battery and Tire Company located at 5500 Orange Ave, Parcel ID; 2407-232-0001-000-5. -SECOND READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.

ORDINANCE NO. 23-033
AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE ONE (1) LOT AT OR NEAR 5500 ORANGE AVENUE IN FORT PIERCE, FLORIDA; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF JANUARY 1, 2024; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; CERTIFYING PUBLICATION OF THIS ORDINANCE; 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 Arnold Gaines to approve Ordinance No 23-033.

AYE:
Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson

Passed

 
f.
Legislative Hearing - Ordinance 23-034 - Annexation - City Initiated - 2 Parcels owned by Palm Way Investments LLC, located at 5750 Orange Ave, Parcel ID's; 2312-144-0004-000-5 and 2312-144-0003-000-8 - SECOND READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.

ORDINANCE NO. 23-034
AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE TWO (2) LOTS AT OR NEAR 5750 ORANGE AVENUE IN FORT PIERCE, FLORIDA; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF JANUARY 1, 2024; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; CERTIFYING PUBLICATION OF THIS ORDINANCE; 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 23-034.

AYE:
Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson

Passed

 
g.
Legislative Hearing - Ordinance 23-035 - Annexation - City Initiated - 1 Parcel owned by Consolidated Properties of FP, located at 121 N.Jenkins Road, Parcel ID: 2312-144-0001-000-4 - SECOND READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.

ORDINANCE NO. 23-035
AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE ONE (1) LOT AT OR NEAR 121 N. JENKINS ROAD IN FORT PIERCE, FLORIDA; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF JANUARY 1, 2024; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; CERTIFYING PUBLICATION OF THIS ORDINANCE; 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 Jeremiah Johnson to approve Ordinance No 23-035.

AYE:
Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson

Passed

 
h.
Legislative Hearing - Ordinance 23-036 - Annexation - City Initiated - 1 Parcel owned by Turner Trust Properties LLC located at 5900 Orange Ave, Parcel ID: 2312-143-0001-000-1 - SECOND READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.

ORDINANCE NO. 23-036
AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE ONE (1) LOT AT OR NEAR 5900 ORANGE AVENUE IN FORT PIERCE, FLORIDA; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF JANUARY 1, 2024; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; CERTIFYING PUBLICATION OF THIS ORDINANCE; 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 Michael Broderick to approve Ordinance No 23-036.

AYE:
Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson

Passed

 
i.
Legislative Hearing - Ordinance 23-037 - Annexation - City Initiated - 1 Parcel owned by SECP FTP LLC located at 6000 Orange Ave, Parcel ID: 2312-143-0002-000-8 - SECOND READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.

ORDINANCE NO. 23-037
AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE ONE (1) LOT AT OR NEAR 6000 ORANGE AVENUE IN FORT PIERCE, FLORIDA; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF JANUARY 1, 2024; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; CERTIFYING PUBLICATION OF THIS ORDINANCE; 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 23-037.

AYE:
Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson

Passed

 
j.
Legislative Hearing - Ordinance 23-038 Annexation - City Initiated - 2 Parcels owned by Joseph G. Miller located at 5501 and 5513 Orange Ave, Parcel ID's: 2407-701-0001-000-4 and 2407-701-0002-000-1 - SECOND READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.

ORDINANCE NO. 23-038
AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE TWO (2) LOTS AT OR NEAR 5501 ORANGE AVENUE AND 5513 ORANGE AVENUE IN FORT PIERCE, FLORIDA; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF JANUARY 1, 2024; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; CERTIFYING PUBLICATION OF THIS ORDINANCE; ESTABLISHING THE ZONING DESIGNATION; 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 Michael Broderick to approve Ordinance No 23-038.

AYE:
Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson

Passed

 
k.
Legislative Hearing - Ordinance 23-039 - Annexation - City Initiated - 2 Parcels owned by SAJ 1 SUNRISE LLC located at 5701 Orange Ave, Parcel ID: 2312-411-0001-000-3 and 2312-411-0003-000-7 - SECOND READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.

ORDINANCE NO. 23-039
AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE TWO (2) LOTS AT OR NEAR 5501 ORANGE AVENUE AND 5513 ORANGE AVENUE IN FORT PIERCE, FLORIDA; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF JANUARY 1, 2024; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; CERTIFYING PUBLICATION OF THIS ORDINANCE; ESTABLISHING THE ZONING DESIGNATION; 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 23-039.

AYE:
Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson

Passed

 
l.
Legislative Hearing - Ordinance 23-040: Annexation - City Initiated - 1 Parcel owned by City of Fort Pierce and Fort Pierce Utility Authority located at or near 550 feet South of the intersection of Orange Avenue and S. Jenkins Road. Parcel ID: 2407-322-0000-000-4 - SECOND READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.

ORDINANCE NO. 23-040
AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE ONE (1) LOTS AT OR NEAR 550 FEET SOUTH OF THE INTERSECTION OF ORANGE AVENUE WITH S. JENKINS ROAD IN FORT PIERCE, FLORIDA; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF JANUARY 1, 2024; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; CERTIFYING PUBLICATION OF THIS ORDINANCE; 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 23-040.

AYE:
Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson

Passed

 
m.
Quasi-Judicial Hearing - Ordinance 23-041 - Review and approval of a Zoning Map Amendment by owner Resurrection Life Family Worship Center Inc. and applicant Brad Currie with EDC, Inc., to change the zoning from Medium, Density Residential, R-4, to Planned Development, PD, of 4.883 acres of the parcel located at 1910 S. Jenkins Road Fort Pierce, FL 44947. Parcel ID: 2418-322-0001-000-5.  First Hearing.
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.

ORDINANCE NO. 23-041
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; REZONING THE PROPERTY GENERALLY LOCATED AT OR NEAR THE SOUTHERN 4.88 ACRES OF 1910 S. JENKINS ROAD, FROM MEDIUM DENSITY RESIDENTIAL (R-4) TO PLANNED DEVELOPMENT (PD); PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. FIRST READING

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 Michael Broderick-No
Commissioner Arnold Gaines – Yes (Applicant)
Commissioner Curtis Johnson Jr.- Yes (Applicant)
Commissioner Jeremiah Johnson - No
Mayor Hudson – Yes (Applicant)
 
City Clerk Linda Cox swore in those wanting to speak during this Quasi-Judicial hearing. 

Staff Presentation:
Ryan Altizer, Senior Planner, presented the review and approval of a Zoning Map Amendment.

RECOMMENDATION:
Staff recommendation is for the City Commission to vote APPROVAL of the proposed Zoning Atlas Map Amendment, with conditions:
Application is dependent on the lot split to subdivide the proposed parcel into two lots with the differing PD Zonings.
The 14 Conditions of Development placed in Ordinance 23-041 also must be met as conditions for this rezoning.

Questions of Staff:
Mayor Hudson inquired on the 14 conditions mentioned. Mr. Altizer explained the conditions.

Question of the Applicant:
Brad Currie, EDC, had no questions of staff and was available for questions.
 
Mayor Hudson opened the public hearing.

Mayor Hudson closed the public hearing.
 
 
 

Motion was made by Commissioner Michael Broderick, seconded by Commissioner Arnold Gaines to approve Ordinance No 23-041 with (2) two conditions.

AYE:
Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson

Passed

 
n.
Legislative Hearing - Ordinance 23-042 - 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 portion of one (1) parcel generally located at or near 1602 South 30th Street, 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. Subject Parcel: 2417-506-0033-000-9. First Reading
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.

ORDINANCE NO. 23-042
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 PORTION OF ONE (1) PARCEL GENERALLY LOCATED AT  OR NEAR 1602 SOUTH 30TH STREET, 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. FIRST READING

Vennis Gilmore, Assistant Planning Director, presented the FUTURE LAND USE MAP AMENDMENT.
 
RECOMMENDATION:
Approval

Questions of Staff:
The Commission inquired on the future use.
Mayor Hudson opened the public hearing.

Robert Hernandez – Inquired on future use.

Mayor Hudson closed the public hearing.

Mr. Gilmore indicated there ws concern from neighbors.

Mayor Hudson reopened the public hearing.

Quinn Haisley Wheeler and Richard Haisley addressed the community concerns and explained the use of the property.

Mayor Hudson closed the public hearing.
 
 

Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Michael Broderick to approve Ordinance No 23-042.

AYE:
Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson

Passed

 
o.
Quasi-Judicial Hearing - Ordinance 23-043 - An Ordinance by the City Commission of the City of Fort Pierce, Florida; Rezoning a portion of the property generally located at or near 1602 South 30th Street, from (R-3) Single Family Moderate-Density Residential Zone to (C-3) General Commercial Zone; providing for a severability clause; providing for repeal of ordinances or parts thereof in conflict herewith; and providing for an effective date. Subject Property: Parcel ID: 2417-506-0033-000-9. First Reading
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.

ORDINANCE NO. 23-043
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; REZONING A PORTION OF THE PROPERTY GENERALLY LOCATED AT OR NEAR 1602 SOUTH 30TH STREET, FROM (R-3) SINGLE FAMILY MODERATE-DENSITY RESIDENTIAL ZONE TO (C-3) GENERAL COMMERCIAL ZONE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.FIRST READING

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 Michael Broderick-No
Commissioner Arnold Gaines – No
Commissioner Curtis Johnson Jr.- No
Commissioner Jeremiah Johnson – Yes (Applicant)
Mayor Hudson – No
 
City Clerk Linda Cox swore in those wanting to speak during this Quasi-Judicial hearing. 

Staff Presentation:
Vennis Gilmore, Assistant Planning Director, presented the Rezoning of property near 1602 South 30th Street.

RECOMMENDATION:
Approval
 
Questions of Staff:
The Commission inquired on the size of property and use.
 
Mayor Hudson opened the public hearing

Question of the Applicant:
Richard Haisley was available for questions and explained the current use.
 
Mayor Hudson closed the public hearing.
 
 
 

Motion was made by Commissioner Michael Broderick, seconded by Commissioner Arnold Gaines to approve Ordinance No 23-043.

AYE:
Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson

Passed

 
p.
Legislative Hearing - Ordinance 23-044 - 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 7325 Pruitt Research Center Road, from City of Fort Pierce (RM) Medium 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. Subject Parcel: 2323-501-0001-000-3. - FIRST READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.

ORDINANCE NO. 23-044
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 7325 PRUITT RESEARCH CENTER ROAD, FROM CITY OF FORT PIERCE (RM) MEDIUM 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. FIRST READING

Vennis Gilmore, Assistant Planning Director, presented the Future Land Use Amendment.

Staff recommends Approval of the request:
The subject parcel is adjacent to existing FLU Designations of GC, General Commercial.It is consistent with Section 125-136 of City Code & the Comprehensive Plan and does not adversely affect the public health, safety, convenience and general welfare.

Mayor Hudson opened the public hearing.

Lee Dobbins, Dean and Mead Law Firm, explained the need for the amendment and the facility expansion.

Mayor Hudson closed the public hearing.
 

Motion was made by Commissioner Michael Broderick, seconded by Commissioner Curtis Johnson, Jr. to approve Ordinance No 23-044.

AYE:
Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson

Passed

 
q.
Quasi-Judicial Hearing - Ordinance 23-045 - An ordinance by the City Commission of the City of Fort Pierce amending the City’s Zoning Atlas and establishing a Zoning Designation of Planned Development (PD) for one (1) parcel containing approximately 19.55 acres and being generally located at or near 7325 Pruitt Research Center Road in Fort Pierce, Florida; providing for a severability clause; repealing all ordinances or parts thereof in conflict herewith; and providing for an effective date. First Reading
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.

ORDINANCE NO. 23-045
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE AMENDING THE CITY’S ZONING ATLAS AND ESTABLISHING A ZONING DESIGNATION OF PLANNED DEVELOPMENT (PD) FOR ONE (1) PARCEL CONTAINING APPROXIMATELY 19.55 ACRES AND BEING GENERALLY LOCATED AT OR NEAR 7325 PRUITT RESEARCH CENTER ROAD IN FORT PIERCE, FLORIDA; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.

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 Michael Broderick-No
Commissioner Arnold Gaines – No
Commissioner Curtis Johnson Jr.- No
Commissioner Jeremiah Johnson – Yes (Applicant)
Mayor Hudson – No
 
City Clerk Linda Cox swore in those wanting to speak during this Quasi-Judicial hearing. 

Staff Presentation:
Vennis Gilmore, Assistant Planning Director, presented the amendment of the City’s Zoning Atlas.

RECOMMENDATION:
Staff Recommends Approval with the following conditions:
Prior to development of Lots 2 and 3, a future site plan applications shall be submitted as a Major Amendment to the PD zoning.
 
Future Site Plan Phases shall conform to the requirements of the City Code of Ordinances and be subject to the general standards for approval of Planned Development Zoning.
 
Future Site Plan Phases shall include a development phasing schedule indicating the approximate date when construction of the project can be expected to begin and the number of phases in which the project will be built and the approximate date when construction of each phase can be expected to begin and completed.
.
The Final PD site plan shall include all agreements, provisions and covenants which govern the use, maintenance, and continued protection of the planned development and any of its common open space or other shared areas. This material shall include material which binds successors in title to any commitments concerning completion of the project and its maintenance and operation.
 
After completion of the Subdivision, a General Address Request Form for the newly created Parcel ID(s) and for any and each proposed building shall be submitted to the Planning Department.
 
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.
 
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.
 
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.
 
If a monument sign is proposed, please consider installing a landscaped area around the proposed monument sign base which extends a minimum distance of three (3) feet in all directions. Such landscaped areas shall be completely covered by ground cover and shrubs, hedges, or similar vegetative materials.
 
The applicant shall meet the requirements set forth in Attachment PD1.
Questions of Staff:
 
Commission discussed condition 9, the infrastructure for phase one limitations, and the updated plans meeting code. Mr. Freeman explained the infrastructure for phase one.
 
Lee Dobbins, Dean and Mead Law Firm, had no questions for staff and was available for questions.
Questions of the applicant:
 
Commissioner Jeremiah Johnson inquired on the infrastructure for phase one, stormwater, and connectivity. Mr. Dobbins explained it is more cost effective to complete the build in one phase and the limitation to connectivity to Kings Landing.
 
Mayor Hudson inquired on the location of the current facility. Bogan Huntley explained the current lease agreement and facility location.
 
Mayor Hudson closed the public hearing.
 
 

Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Arnold Gaines to approve Ordinance No 23-045 with (10) ten conditions contained within the ordinance.

AYE:
Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson

Passed

 
r.
Legislative Hearing - Ordinance 23-046  Amending Chapter 103, Article V, Amending Section 103-203 Regulation of Stormwater Run-off.  FIRST READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.

ORDINANCE NO. 23-046
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA BY AMENDING CHAPTER 103,  BUILDING AND BUILDING REGULATIONS, ARTICLE V, BUILDING DRAINAGE, SECTION 103-203, REGULATION OF STORMWATER RUN-OFF; REQUIRED SLOPE;  PROVIDING FOR PROFESSIONAL DRAINAGE PLAN REQUIREMENTS; PROVIDING FOR POST DEVELOPMENT REQUIREMENTS; PROVIDING FOR EXCEPTIONS; PROVIDING FOR REQUIREMENTS DURING CONSTRUCTION; PROVIDING FOR MAINTENANCE REQUIREMENTS; PROVIDING FOR GUTTER AND DOWNSPOUT REQUIREMENTS; PROVIDING FOR PROHIBITIONS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR APPLICABILITY; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. FIRST READING

Paul Thomas, Building, presented the modification for the Ordinance, including exemptions, and proximity to property guidelines.

Questions of Staff:
The Commission commented on the specifics of gutters and whom should be responsible for that decision, driveway expansion on the public right-of-way and thanked Staff for the modifications. Thomas explained the expansion limitations to public right-of-way.

City Manager Nick Mimms commented on requiring specifics on gutters be at the discretion of the building director. Mr. Thomas suggested that the design professional be the responsible party in this matter under item g, gutters, and down spouts.
 
 

Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Arnold Gaines to approve Ordinance No 23-046 with the modification of item g to read “may”

AYE:
Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson

Passed

 
13.
CITY COMMISSION
 
a.
Selection of the City of Fort Pierce Voting Delegate at the 97th Annual Conference being held at the Hilton Orlando Bonnet Creek from August 10-12, 2023.
 

Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Arnold Gaines fto name Mayor Hudson as the Florida League of Cities Voting Delegate.

AYE:
Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson

Passed

 
b.
Resolution 23-R38 reappointing Frank "Hank" Fee, IV to the Fort Pierce Utilities Authority Board as the District 2 representative.
City Clerk Linda Cox introduced the Resolution, read by title only, into the record.

RESOLUTION NO. 23-R38
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, CERTIFYING THE RE-APPOINTMENT OF A MEMBER OF THE FORT PIERCE UTILITIES AUTHORITY BOARD; PROVIDING FOR AN EFFECTIVE DATE.
 
 
 

Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Michael Broderick to approve Resolution 23-R38 appointing Frank Fee to the FPUA Board.

AYE:
Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson

Passed

 
c.
Resolution 23-R39 Modifying Registration and Renewal Fees for Short Term and Vacation Rentals. 
City Clerk Linda Cox introduced the Resolution, read by title only, into the record.

RESOLUTION NO. 23-R39 
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; ESTABLISHING BY RESOLUTION THE ANNUAL SHORT TERM AND VACATION RENTAL INITIAL REGISTRATION FEE AND RENEWAL REGISTRATION FEE; ESTABLISHING ELIGIBILITY FOR THE RENEWAL REGISTRATION FEE; AND PROVIDING FOR AN EFFECTIVE DATE.
 
 

Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Michael Broderick to approve Resolution No 23-R39.

AYE:
Commissioner Michael Broderick, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
NAY:
Commissioner Arnold Gaines

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.
Samuel Gaines
 
 
15.
COMMENTS FROM THE CITY MANAGER
City Manager Nick Mimms announced the Joint Budget Workshop on Wednesday, June 20th.

City Clerk Linda Cox - No comments.

City Attorney Tanya Earley - No comments.
 
 
 
 
16.
COMMENTS FROM THE COMMISSION
Commissioner Broderick commented on the peacock issue, thanked City staff for their participation as he recovers and demolition on 7th south of Avenue “D”.

Commissioner Curtis Johnson - No comments

Commissioner Gaines thanked City Clerk Linda Cox for adding the Juneteenth winners to the agenda.

Commissioner Jeremiah Johnson commented on the cancelation on the July 3rd meeting, the City will have fireworks this 4th, the peacock issue, and the Methodist Church community garden.

Mayor Hudson inquired if there is anything that can be done concerning the peacocks.

Mr. Mimms commented that there is something that can be done, it is up to the Commission to make that determination.
 
 
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: 58 P.M.
 
ATTEST:

____________________________ _________________________________
CITY CLERK
MAYOR COMMISSIONER