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, SEPTEMBER 05,2023.
1.
CALL TO ORDER
Mayor Hudson called the September 05, 2023, Regular Meeting of the City Commission to order at 5:05 P.M.
2.
OPENING PRAYER - Reverend Bernard Sheffield with St. Julian of Norwich Old Catholic Parish
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
- Interim City Attorney Sara Hedges
5.
APPROVAL OF MINUTES
a.
Approval of Minutes from August 21, 2023 Regular Meeting
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Curtis Johnson, Jr. to approve the Minutes of the August 21, 2023 Regular Meeting.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
Passed
6.
PROCLAMATIONS
a.
Constitution Week
b.
Childhood Cancer
c.
Treasure Coast Day of Prayer
7.
LETTERS TO COMMISSION
a.
Email from Jennifer Martin-Sorrentino, Co-Founder of Rescue Rebels by Cash 4 Canines, expressing her gratitude for Summer Rulapaugh, the Animal Shelter Operations Manager, going over and way beyond for Kai, the German Shepherd they rescued.
b.
Davida Margolin sent an email that expresses deep gratitude for the operation of Fort Pierce Animal Adoption Center and Summer Rulapaugh, the shelter’s Operations Manager.
c.
Pete Sweeney sent an email in appreciation of Kev Freeman’s leadership of the Planning Department as Director, and for the time, help, and guidance provided by the Planning Team members.
d.
Vincent Clow left a voice message complimenting Code Enforcement Officer Larry Stephens for his exceptional customer service in resolving an issue.
8.
ADDITIONS OR DELETIONS TO AGENDA AND APPROVAL OF AGENDA
Item 14 c was pulled at the request of Staff.
Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Jeremiah Johnson 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.
BUDGET HEARING
a.
Mayor to announce the tentative millage rate which is 6.9; the millage rate exceeds the roll-back rate (6.2244), by 10.85%.
Mayor Hudson announced the tentative millage rate which is 6.9; the millage rate exceeds the roll-back rate (6.2244), by 10.85%
b.
Overview of the proposed budget - Johnna Morris, Finance Director
Johnna Morris, Finance Director, presented the proposed budget for fiscal year 2023/2024.
c.
PUBLIC HEARING -- Tentative Millage Rate and Proposed 2023-24 General Fund Budget for the City of Fort Pierce
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
Seeing no one, she closed the public hearing.
d.
Consider any proposed amendments to the 2023-24 General Fund Budget
Mayor Hudson inquired of the Commission if there were any amendments to the budget.
There were none.
There were none.
e.
Adopt proposed Millage Rate and recompute if necessary. The proposed millage rate is 6.9.
Motion was made by Commissioner Michael Broderick, seconded by Commissioner Jeremiah Johnson to adopt the millage rate.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
Passed
f.
Adoption of tentative 2023-24 General Fund Budget.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Arnold Gaines to adopt the 2023/2024 general fund budget.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
Passed
10.
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.
None
11.
MISCELLANEOUS REPORTS
a.
City of Fort Pierce Youth Award Recognition Program Presentation
City Manager Nick Mimms introduced Jaela Davis.
Summer Intern Jaela Davis presented the proposed youth recognition program. The concept was discussed during the June 5, 2023, City Commission meeting. The program is designed to recognize young people for outstanding achievement in a variety of areas including, academics, community service, humanitarian, innovation, and athletics. The program is open to youth living in the City of Fort Pierce and will be awarded twice a year.
The Commission made suggestions on nominations, inquired on award recognition, budget for the allocation of awards, introduction of the winners at Coffee with the Mayor, and commended Ms. Davis on the comprehensive report.
Summer Intern Jaela Davis presented the proposed youth recognition program. The concept was discussed during the June 5, 2023, City Commission meeting. The program is designed to recognize young people for outstanding achievement in a variety of areas including, academics, community service, humanitarian, innovation, and athletics. The program is open to youth living in the City of Fort Pierce and will be awarded twice a year.
The Commission made suggestions on nominations, inquired on award recognition, budget for the allocation of awards, introduction of the winners at Coffee with the Mayor, and commended Ms. Davis on the comprehensive report.
12.
CONSENT AGENDA
a.
Approval of Florida Housing Finance Corporation Local Government Verification of Contribution to support an affordable housing development at 3000 Okeechobee Road by authorizing $460,000 local match funding in the form of a CDBG loan from the City.
b.
Approval to award RFP 2023-038 for annual contracted Professional Inspection Services to JPI of Melbourne, Florida in an amount up to $200,000.00 annually.
c.
Approval to award RFP 2023-039 for annual contracted Professional Plan Review Services to JPI of Melbourne, Florida in an amount up to $100,000.00 annually.
d.
Approval to award Bid 2023-044 Annual Street Resurfacing Contract to the lowest responsible bidder, The Paving Lady, in an amount not to exceed $4,179,259.69 over a three (3) year period.
e.
Approval of Travel for Commissioner Curtis Johnson, Jr. to attend the Florida League of Cities Legislative Policy Committee in Orlando, Florida from September 07, 2023 to September 08, 2023 in the amount of $397.48.
Commissioner Curtis Johnson pulled item 12d for discussion.
Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Arnold Gaines to approve items 12 a, b, c, and e.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
Passed
As to item 12d
The Commission inquired on the process associated with the contract, the list of roads that may be improved, and the public bidding process.
Jack Andrews, City Engineer, explained the intended outcomes of the project over three years.
The Commission inquired on the process associated with the contract, the list of roads that may be improved, and the public bidding process.
Jack Andrews, City Engineer, explained the intended outcomes of the project over three years.
Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Arnold Gaines to approve item 12d.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
Passed
13.
PUBLIC HEARINGS
a.
Quasi-Judicial Hearing - Review and approval of an application for a Final Plat, submitted by Property Owner(s), Audubon Development, Inc., and Applicant, Bradley J. Currie, Vice President of Engineering Design & Construction, Inc., to subdivide approximately 0.76 acres of land (more or less) into 10 platted lots including one (1) private access tract, and associated easements and buffers for the residential subdivision of Villas at Kings Landing located at or near 125 A. E. Backus Avenue in Fort Pierce, FL. The property is currently zoned Planned Development (PD) with a Future Land Use of Central Business District (CBD). Parcel Control Number: 2410-503-0012-010-9.
Mayor Linda Hudson asked all present to listen carefully to what Interim City Attorney Sara Hedges would read regarding Quasi-Judicial Hearings as they apply to subsequent Quasi-Judicial Hearings tonight. Sara Hedges, Interim 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 – No
Commissioner Arnold Gaines – No
Commissioner Curtis Johnson Jr.- No
Commissioner Jeremiah Johnson – Yes (Developer and public)
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 to subdivide approximately 0.76 acres of land (more or less) into 10 platted lots including one (1) private access tract, and associated easements and buffers for the residential subdivision of Villas at Kings Landing located at or near 125 A. E. Backus Avenue.
RECOMMENDATION:
Staff recommends Approval of the request with one (1) condition:
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:
Commissioner Broderick inquired on the site plan.
Applicant Questions of Staff:
David Baggett, EDC Inc., had no questions of staff and provided renderings of the proposed project.
Question of the Applicant:
The Commissioner commented on the improvements to the plan.
Mayor Hudson opened the public hearing.
Seeing no one, she 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 Michael Broderick – No
Commissioner Arnold Gaines – No
Commissioner Curtis Johnson Jr.- No
Commissioner Jeremiah Johnson – Yes (Developer and public)
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 to subdivide approximately 0.76 acres of land (more or less) into 10 platted lots including one (1) private access tract, and associated easements and buffers for the residential subdivision of Villas at Kings Landing located at or near 125 A. E. Backus Avenue.
RECOMMENDATION:
Staff recommends Approval of the request with one (1) condition:
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:
Commissioner Broderick inquired on the site plan.
Applicant Questions of Staff:
David Baggett, EDC Inc., had no questions of staff and provided renderings of the proposed project.
Question of the Applicant:
The Commissioner commented on the improvements to the plan.
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 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
b.
Legislative Hearing - Ordinance 23-010 review and adoption of a Future Land Use Map Amendment of four (4) parcels of land to change the future land use designations from St. Lucie County designations of Residential High (RH), Residential Medium (RM), and General Commercial (CG) to City designations of Medium Density Residential (RM) (+/- 58.84 Acres) and Mixed-Use Development (MXD) (+/- 21.84 Acres), generally located north of Orange Avenue and west of N 41st Street, Millcreek. Parcel ID's: 2407-241-0001-000-3, 2407-231-0000-000-5, 2407-212-0001-000-3, 2407-221-0001-000-1 and 2407-211-0001-000-0. SECOND READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.
ORDINANCE NO. 23-010
AN ORDINANCE OF THE CITY OF FORT PIERCE AMENDING THE FUTURE LAND USE MAP DESIGNATIONS OF THE CITY’S COMPREHENSIVE PLAN IN RESPECT OF PROPERTY located approximately 2250 feet west of the northwest corner of Orange Avenue and N 39th Street in Fort Pierce, Florida BEING approximately MORE OR LESS 80.7 ACRES; THEREBY AMENDING THE FUTURE LAND USE DESIGNATIONS OF APPROXIMATELY 58.84 acres OF THE SUBJECT PROPERTY FROM ST. LUCIE DESIGNATIONS OF RESIDENTIAL HIGH AND RESIDENTIAL MEDIUM TO CITY OF FORT PIERCE DESIGNATION OF MEDIUM DENSITY RESIDENTIAL, AND AMENDING THE FUTURE LAND USE DESIGNATIONS OF APPROXIMATELY 21.84 ACRES OF THE SUBJECT PROPERTY FROM ST. LUCIE COUNTY DESIGNATIONS OF RESIDENTIAL HIGH, RESIDENTIAL MEDIUM AND COMMERCIAL TO CITY OF FORT PIERCE DESIGNATION OF MIXED-USE, AS DESCRIBED WITHIN THE ATTACHED LEGAL DESCRIPTIONS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; REPEALING ALL OTHER ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES. SECOND READING
Mayor Hudson opened the public hearing
Nancy Love expressed concern with utilities and noise.
Mayor Hudson closed the public hearing
Mr. Freeman reassured the public and explained the use.
The Commission commented on public involvement, the duties of the Commission, and the benefits of development.
ORDINANCE NO. 23-010
AN ORDINANCE OF THE CITY OF FORT PIERCE AMENDING THE FUTURE LAND USE MAP DESIGNATIONS OF THE CITY’S COMPREHENSIVE PLAN IN RESPECT OF PROPERTY located approximately 2250 feet west of the northwest corner of Orange Avenue and N 39th Street in Fort Pierce, Florida BEING approximately MORE OR LESS 80.7 ACRES; THEREBY AMENDING THE FUTURE LAND USE DESIGNATIONS OF APPROXIMATELY 58.84 acres OF THE SUBJECT PROPERTY FROM ST. LUCIE DESIGNATIONS OF RESIDENTIAL HIGH AND RESIDENTIAL MEDIUM TO CITY OF FORT PIERCE DESIGNATION OF MEDIUM DENSITY RESIDENTIAL, AND AMENDING THE FUTURE LAND USE DESIGNATIONS OF APPROXIMATELY 21.84 ACRES OF THE SUBJECT PROPERTY FROM ST. LUCIE COUNTY DESIGNATIONS OF RESIDENTIAL HIGH, RESIDENTIAL MEDIUM AND COMMERCIAL TO CITY OF FORT PIERCE DESIGNATION OF MIXED-USE, AS DESCRIBED WITHIN THE ATTACHED LEGAL DESCRIPTIONS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; REPEALING ALL OTHER ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES. SECOND READING
Mayor Hudson opened the public hearing
Nancy Love expressed concern with utilities and noise.
Mayor Hudson closed the public hearing
Mr. Freeman reassured the public and explained the use.
The Commission commented on public involvement, the duties of the Commission, and the benefits of development.
Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Jeremiah Johnson to approve Ordinance No:23-010.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
Passed
c.
Legislative Hearing - Ordinance 23-048 amending the Mayor and Commission annual salaries. SECOND READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.
ORDINANCE NO. 23-048
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, AMENDING CHAPTER 2, ARTICLE II., DIVISION 1, SEC. 2-19 COMPENSATION OF THE CODE OF ORDINANCES; ESTABLISHING THE COMPENSATION DUE TO MAYOR AND COMMISSIONERS; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. SECOND READING.
Mayor Hudson opened the public hearing.
Rick Reed - Opposed
Michelle Danaluk - Opposed
Lisa Prince - Opposed
Stephanie Smith - Opposed
Joann Munsen - Opposed
Harry Shaw – Opposed
Mayor Hudson closed the public hearing.
The Commission addressed the comments posed by the public, and commented on the need for community assistance with regards to crimes being committed in the community.
ORDINANCE NO. 23-048
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, AMENDING CHAPTER 2, ARTICLE II., DIVISION 1, SEC. 2-19 COMPENSATION OF THE CODE OF ORDINANCES; ESTABLISHING THE COMPENSATION DUE TO MAYOR AND COMMISSIONERS; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. SECOND READING.
Mayor Hudson opened the public hearing.
Rick Reed - Opposed
Michelle Danaluk - Opposed
Lisa Prince - Opposed
Stephanie Smith - Opposed
Joann Munsen - Opposed
Harry Shaw – Opposed
Mayor Hudson closed the public hearing.
The Commission addressed the comments posed by the public, and commented on the need for community assistance with regards to crimes being committed in the community.
Motion was made by Commissioner Michael Broderick, seconded by Commissioner Arnold Gaines to approve Ordinance No: 23-048.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Mayor Linda Hudson
- NAY:
- Commissioner Jeremiah Johnson
Passed
d.
Legislative Hearing - Ordinance 23-051 amending Chapter 22, Article X Short Term and Vacation Rental Regulations to amend responsible person requirements and other minor revisions . FIRST READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.
ORDINANCE NO. 23-051
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”; AMENDING SECTION 22-503 – “DEFINITIONS” TO DEFINE RESPONSIBLE PERSON; REMOVING SECTION 22-508 – “EXEMPTIONS FOR PRE-EXISTING RENTAL AGREEMENTS”; AMENDING SECTION 22-509 – “MANAGEMENT COMPANY OR RESPONSIBLE PERSON” TO CLARIFY REQUIREMENTS; AMENDING SECTION 22-510(2) – “APPLICATION FOR RENTAL UNIT REGISTRATION” TO NO LONGER REQUIRE THE EMERGENCY CONTACT BE LOCAL; AMENDING SECTION 22-511 – “RENTAL UNIT ADVERTISING REQUIREMENT” TO REQUIRE THE CITY RENTAL UNIT REGISTRATION NUMBER IN ALL ADVERTISINGs; AMENDING SECTION 22-513 – “DURATION OF RENTAL UNIT REGISTRATION FOR REGISTRATIONS” TO EXPIRE ANNUALLY ON THE DATE OF INITIAL REGISTRATION; AMENDING SECTION 22-514(a) – “RENEWAL OF RENTAL UNIT REGISTRATION” TO REQUIRE REGISTRATION ANNUALLY ON THE ANNIVERSARY DATE OF INITIAL REGISTRATION; AMENDING SECTION 22-515(a) – “DENIAL AND REVOCATION OF RENTAL UNIT REGISTRATION” TO PROVIDE APPLICABILITY LANGUAGE; AMENDING SECTION 22-521(d) – “ENFORCEMENT OF RENTAL UNITS” TO REQUIRE NOTIFICATION TO THE CITY CLERK’S OFFICE OF ENFORCEMENT ACTIVITIES; 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 the proposed changes to the Ordinance.
The Commission briefly discussed the proposed changes and yearly fee review.
Ms. Hedges commented that if requested the fees may be reviewed annually.
Mr. Mimms commented that this can be reviewed annually by resolution.
Mayor Hudson opened the public hearing.
Michelle Danaluk – Opposed
Mayor Hudson closed the public hearing.
ORDINANCE NO. 23-051
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”; AMENDING SECTION 22-503 – “DEFINITIONS” TO DEFINE RESPONSIBLE PERSON; REMOVING SECTION 22-508 – “EXEMPTIONS FOR PRE-EXISTING RENTAL AGREEMENTS”; AMENDING SECTION 22-509 – “MANAGEMENT COMPANY OR RESPONSIBLE PERSON” TO CLARIFY REQUIREMENTS; AMENDING SECTION 22-510(2) – “APPLICATION FOR RENTAL UNIT REGISTRATION” TO NO LONGER REQUIRE THE EMERGENCY CONTACT BE LOCAL; AMENDING SECTION 22-511 – “RENTAL UNIT ADVERTISING REQUIREMENT” TO REQUIRE THE CITY RENTAL UNIT REGISTRATION NUMBER IN ALL ADVERTISINGs; AMENDING SECTION 22-513 – “DURATION OF RENTAL UNIT REGISTRATION FOR REGISTRATIONS” TO EXPIRE ANNUALLY ON THE DATE OF INITIAL REGISTRATION; AMENDING SECTION 22-514(a) – “RENEWAL OF RENTAL UNIT REGISTRATION” TO REQUIRE REGISTRATION ANNUALLY ON THE ANNIVERSARY DATE OF INITIAL REGISTRATION; AMENDING SECTION 22-515(a) – “DENIAL AND REVOCATION OF RENTAL UNIT REGISTRATION” TO PROVIDE APPLICABILITY LANGUAGE; AMENDING SECTION 22-521(d) – “ENFORCEMENT OF RENTAL UNITS” TO REQUIRE NOTIFICATION TO THE CITY CLERK’S OFFICE OF ENFORCEMENT ACTIVITIES; 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 the proposed changes to the Ordinance.
The Commission briefly discussed the proposed changes and yearly fee review.
Ms. Hedges commented that if requested the fees may be reviewed annually.
Mr. Mimms commented that this can be reviewed annually by resolution.
Mayor Hudson opened the public hearing.
Michelle Danaluk – Opposed
Mayor Hudson closed the public hearing.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Curtis Johnson, Jr. to approve Ordinance No:23-051.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
Passed
e.
Legislative Hearing - Ordinance 23-052: Review and approval of an ordinance extending the territorial limits of the City of Fort Pierce, Florida, to include one (1) parcel at or near approximately Avenue Q in Fort Pierce, Florida. The parcel ID is 2405-501-0131-000-4. FIRST READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.
ORDINANCE NO. 23-052
AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE ONE (1) PARCEL AT OR NEAR APPROXIMATELY AVENUE Q 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, 2024; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; ESTABLISHING THE FORT PIERCE ZONING DESIGNATION OF SINGLE FAMILY LOW DENSITY; ESTABLISHING THE FORT PIERCE LAND USE DESIGNATION OF LOW DENSITY; DIRECTING FILING OF THE ORDNANCE 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. FIRST READING
Kerry Charles, Planner, presented the review and approval of an ordinance extending the territorial limits of the City of Fort Pierce, Florida, to include one (1) parcel at or near approximately Avenue Q.
RECOMMENDATION:
As proposed, the annexation meets the standards of the City's Comprehensive Plan, specifically Policy Section 1.11 regarding annexations.
Staff recommends approval for the proposed annexation.
Questions of Staff:
Commissioner Jeremiah Johnson inquired on the current density.
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
ORDINANCE NO. 23-052
AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE ONE (1) PARCEL AT OR NEAR APPROXIMATELY AVENUE Q 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, 2024; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; ESTABLISHING THE FORT PIERCE ZONING DESIGNATION OF SINGLE FAMILY LOW DENSITY; ESTABLISHING THE FORT PIERCE LAND USE DESIGNATION OF LOW DENSITY; DIRECTING FILING OF THE ORDNANCE 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. FIRST READING
Kerry Charles, Planner, presented the review and approval of an ordinance extending the territorial limits of the City of Fort Pierce, Florida, to include one (1) parcel at or near approximately Avenue Q.
RECOMMENDATION:
As proposed, the annexation meets the standards of the City's Comprehensive Plan, specifically Policy Section 1.11 regarding annexations.
Staff recommends approval for the proposed annexation.
Questions of Staff:
Commissioner Jeremiah Johnson inquired on the current density.
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
Motion was made by Commissioner Michael Broderick, seconded by Commissioner Curtis Johnson, Jr. to approve Ordinance No. 23-052.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
Passed
14.
CITY COMMISSION
a.
Resolution 23-R47 Order and appeal of Special Magistrate Order on Case No. 96-6085 Code Enforcement Lien for property located at 909 N 13th Street.
City Clerk Linda Cox introduced the Resolution, read by title only, into the record.
RESOLUTION NO. 23-R47
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA ISSUING AN ORDER OF FINDINGS BASED UPON COMPETENT SUBSTANTIAL EVIDENCE DETERMINED AT AN APPEAL HEARING HELD ON SEPTEMBER 5, 2023 FOR THE APPEAL OF THE SPECIAL MAGISTRATE DECISION ENTERED ON JUNE 27, 2023 FOR THE PROPERTY LOCATED AT 909 NORTH 13TH STREET, FORT PIERCE, FL, PID 2404-813-0032-000/5; PROVIDING FOR APPEAL; PROVIDING FOR NOTICE TO ALL PARTIES; AND PROVIDING FOR AN EFFECTIVE DATE.
Interim City Attorney Sara Hedges reviewed the appeal procedures.
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 – No
Mayor Hudson – No
City Clerk Linda Cox swore in those wanting to speak during this Quasi-Judicial hearing.
Ms. Hedges requested that the Commission inquire of the appellant to reserve rebuttal time.
Appellant Presentation:
Jerome Rhyant explained the ownership of the property, the discovery of a lien and requested a reduction, of the lien imposed by the special magistrate.
Commission Questions of the Appellant:
The Commission inquired on the title insurance policy, specific dates, special magistrate dates, notices, and conclusion.
Staff Presentation:
Peggy Arraiz, Director of Community Response, clarified the documents presented in the original documents, the reason for two hearings, and rules for lien reduction.
Commission Question of Staff:
Commissioner Curtis Johnson inquired on the history of the property, and the hard cost fee.
Mayor Hudson inquired to whom the certified mail was forwarded.
Commissioner Gaines clarified to whom the original lien documents were provided.
Commissioner Jeremiah Johnson inquired on staff recommendations for the special magistrate.
Ms. Arraiz, explained the fees associated, forwarded mail, and recommendations to the special magistrate.
Appellant Rebuttal:
Mr. Rhyant explained the process of obtaining the property.
Commissioner Jeremiah Johnson inquired on the property when obtained. Mr. Rhyant commented that the land was vacant when it was obtained.
The Commission briefly discussed the reduction of fees to $1735.25.
Ms. Hedges explained the two draft resolutions.
RESOLUTION NO. 23-R47
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA ISSUING AN ORDER OF FINDINGS BASED UPON COMPETENT SUBSTANTIAL EVIDENCE DETERMINED AT AN APPEAL HEARING HELD ON SEPTEMBER 5, 2023 FOR THE APPEAL OF THE SPECIAL MAGISTRATE DECISION ENTERED ON JUNE 27, 2023 FOR THE PROPERTY LOCATED AT 909 NORTH 13TH STREET, FORT PIERCE, FL, PID 2404-813-0032-000/5; PROVIDING FOR APPEAL; PROVIDING FOR NOTICE TO ALL PARTIES; AND PROVIDING FOR AN EFFECTIVE DATE.
Interim City Attorney Sara Hedges reviewed the appeal procedures.
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 – No
Mayor Hudson – No
City Clerk Linda Cox swore in those wanting to speak during this Quasi-Judicial hearing.
Ms. Hedges requested that the Commission inquire of the appellant to reserve rebuttal time.
Appellant Presentation:
Jerome Rhyant explained the ownership of the property, the discovery of a lien and requested a reduction, of the lien imposed by the special magistrate.
Commission Questions of the Appellant:
The Commission inquired on the title insurance policy, specific dates, special magistrate dates, notices, and conclusion.
Staff Presentation:
Peggy Arraiz, Director of Community Response, clarified the documents presented in the original documents, the reason for two hearings, and rules for lien reduction.
Commission Question of Staff:
Commissioner Curtis Johnson inquired on the history of the property, and the hard cost fee.
Mayor Hudson inquired to whom the certified mail was forwarded.
Commissioner Gaines clarified to whom the original lien documents were provided.
Commissioner Jeremiah Johnson inquired on staff recommendations for the special magistrate.
Ms. Arraiz, explained the fees associated, forwarded mail, and recommendations to the special magistrate.
Appellant Rebuttal:
Mr. Rhyant explained the process of obtaining the property.
Commissioner Jeremiah Johnson inquired on the property when obtained. Mr. Rhyant commented that the land was vacant when it was obtained.
The Commission briefly discussed the reduction of fees to $1735.25.
Ms. Hedges explained the two draft resolutions.
Motion was made by Commissioner Michael Broderick, seconded by Commissioner Jeremiah Johnson to approve Resolution No. 23-R47 reversing the Special Magistrate decision with the reduction of fines to $1735.25 payable over twelve (12) months.
- AYE:
- Commissioner Michael Broderick, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
- NAY:
- Commissioner Arnold Gaines
Passed
b.
Resolution 23-R48 approving the adoption of the amended Solid Waste Administrative Guidelines and the schedule of fees for the collection and disposal of garbage and trash.
City Clerk Linda Cox introduced the Resolution, read by title only, into the record.
RESOLUTION NO. 23-R48
A RESOLUTION BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; ADOPTING THE SOLID WASTE ADMINISTRATIVE GUIDELINES AND APPROVING THE SCHEDULE OF FEES FOR COLLECTION AND DISPOSAL OF GARBAGE AND TRASH IN ACCORDANCE WITH SECTION 30-33 OF THE CODE OF ORDINANCES OF THE CITY OF FORT PIERCE, FLORIDA; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Mike Reals, Director of Public Works, and Jacolby Washington, Solid Waste Division Manager were present.
The Commission inquired on the rate increase, fleet, full budget cost, commercial impact, and billing services.
Mr. Reals stated the residential increase is fifteen (15) percent and commercial twenty percent (20).
Mr. Washington explained that the fleet is current and working, maintenance of vehicles and receptacles.
Mr. Reals explained the cost of vehicles has gone up drastically as well as delays in replacements, rapid growth, and billing services.
Mr. Mimms commented on the Team's struggles this year and the need to raise salaries to attract drivers.
Mayor Hudson commented on the personal touches provided by the Solid Waste team, and rate increases in other municipalities.
RESOLUTION NO. 23-R48
A RESOLUTION BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; ADOPTING THE SOLID WASTE ADMINISTRATIVE GUIDELINES AND APPROVING THE SCHEDULE OF FEES FOR COLLECTION AND DISPOSAL OF GARBAGE AND TRASH IN ACCORDANCE WITH SECTION 30-33 OF THE CODE OF ORDINANCES OF THE CITY OF FORT PIERCE, FLORIDA; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Mike Reals, Director of Public Works, and Jacolby Washington, Solid Waste Division Manager were present.
The Commission inquired on the rate increase, fleet, full budget cost, commercial impact, and billing services.
Mr. Reals stated the residential increase is fifteen (15) percent and commercial twenty percent (20).
Mr. Washington explained that the fleet is current and working, maintenance of vehicles and receptacles.
Mr. Reals explained the cost of vehicles has gone up drastically as well as delays in replacements, rapid growth, and billing services.
Mr. Mimms commented on the Team's struggles this year and the need to raise salaries to attract drivers.
Mayor Hudson commented on the personal touches provided by the Solid Waste team, and rate increases in other municipalities.
Motion was made by Commissioner Michael Broderick, seconded by Commissioner Jeremiah Johnson to approve Resolution No. 23-R48.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
Passed
c.
PULLED AT STAFF'S REQUEST. Resolution 23-R49 appointing ________ to the Planning Board as Commissioner Curtis Johnson Jr.'s appointee.
15.
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.
Lisa Prince
Michelle Danaluk
Marjorie Harrell
Michelle Danaluk
Marjorie Harrell
16.
COMMENTS FROM THE CITY MANAGER
a.
Reports
City Manager Nick Mimms highlighted the Sunrise Theatre 100-year Celebration, Fire Hawks, and the Courageous Kids, police department technology funding, expressed that the City is important to the Commission, City Commission Special Meeting for the City Attorney on September 11th, and FPRA Board Meeting September 12th.
City Clerk Linda Cox – Commissioner Gaines and Commissioner Curtis Johnson will be replacing each other in the Round Table and Lincoln Park Main Street.
Interim City Attorney Sara Hedges - No comments
City Clerk Linda Cox – Commissioner Gaines and Commissioner Curtis Johnson will be replacing each other in the Round Table and Lincoln Park Main Street.
Interim City Attorney Sara Hedges - No comments
17.
COMMENTS FROM THE COMMISSION
Commissioner Broderick noted the Commission schedule for the week on September 11 and commented on community engagement.
Commissioner Curtis Johnson encouraged engagement with the Commission and the seriousness of the position on the Commission.
Commissioner Gaines commented on community engagement, mental health commitment to the City, and committees.
Commissioner Jeremiah Johnson commented that his office is open for engagement, the mission and focus to take care and love one another, the hard work of the Commission, and the district two development town hall at The Westside Chapel in late September.
Mayor Hudson commented that she appreciated citizens who want to be a part of the solution, congratulated Commissioner Curtis Johnson on his new position as Vice Chair of the Transportation Committee, and Levitt Amp Fort Pierce music series September 3rd -November 5th at Museum Point Park.
Commissioner Curtis Johnson encouraged engagement with the Commission and the seriousness of the position on the Commission.
Commissioner Gaines commented on community engagement, mental health commitment to the City, and committees.
Commissioner Jeremiah Johnson commented that his office is open for engagement, the mission and focus to take care and love one another, the hard work of the Commission, and the district two development town hall at The Westside Chapel in late September.
Mayor Hudson commented that she appreciated citizens who want to be a part of the solution, congratulated Commissioner Curtis Johnson on his new position as Vice Chair of the Transportation Committee, and Levitt Amp Fort Pierce music series September 3rd -November 5th at Museum Point Park.
18.
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 9:41 P.M.
ATTEST:
| ____________________________ | _________________________________ |
|
CITY CLERK
|
MAYOR COMMISSIONER
|