- 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 Sara Hedges
Motion was made by Commissioner Arnold Gaines, seconded by Commissioner Jeremiah Johnson to approve the minutes of the May 06, 2024 Regular Meeting.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
Passed
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Arnold Gaines to approve the Agenda as set.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, 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.
Susan Parry
Motion was made by Commissioner Michael Broderick, seconded by Commissioner Curtis Johnson, Jr. to approve items 11b – 11e of the Consent Agenda.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
Passed
Commissioner Gaines commented on the FPRA meeting and his vote of “no” in that meeting.
Commissioner Broderick inquired on the decision to vote no.
Commissioner Gaines commented on his reason to vote no on termination requirements.
City Attorney Sara Hedges commented on the requirements to terminate the lease, a mutual release for both parties, and the need for votes by the Commission.
Commissioner Jeremiah Johnson inquired as to why Commissioner Gaines voted no and if they would like to continue the relationship.
Commissioner Gaines commented that he wanted votes from both Boards to be consistent.
Commissioner Jeremiah requested clarification of the voting language.
Motion was made by Commissioner Michael Broderick, seconded by Commissioner Jeremiah Johnson to approve item 11a.
- AYE:
- Commissioner Michael Broderick, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
- NAY:
- Commissioner Arnold Gaines
Passed
Quasi-Judicial Hearings follow a strict set of rules and procedures which can be found on the City’s website using this link: https://www.cityoffortpierce.com/DocumentCenter/View/6740/Quasi-Judicial-Procedures. All Quasi-Judicial decisions by the City Commission must be based on competency substantial evidence. Competent substantial evidence is evidence which will establish a substantial basis from which the fact at issue can reasonably be inferred. It includes fact or opinion evidence offered by an expert on a matter that requires specialized knowledge and that is relevant to the issues to be decided. It is evidence a reasonable mind could accept as having probative weight and adequate to support a legal conclusion. Hypothetical, speculative, fear or emotion based generalized statements that do not address the relevant issues and that cannot be reasonably said to support the action advocated, are not competent substantial evidence.
ORDINANCE NO. 24-014
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FORT PIERCE, FLORIDA; AMENDING CHAPTER 28 – PARKS, RECREATION AND SPECIAL EVENTS BY AMENDING ARTICLE I – IN GENERAL, SECTION 28-4 – FISHING WITHIN THE CITY TO INCLUDE AREAS OF JAYCEE PARK AND SOUTH CAUSEWAY PARK; DELETING SECTION 28-5 – CLEANING OF BEACH DURING TURTLE NESTING SEASON; AMENDING ARTICLE II – PARKS AND RECREATION, SECTION 38-30 – HOURS TO PROVIDE REGULATIONS BY SIGNAGE; AMENDING SECTION 28-31 – PROHIBITED ACTIVITIES BY AMENDING TEMPORARY SHELTER REGULATIONS; TO ALLOW DIGGING IN THE SAND/BEACH AREAS; CLARIFYING ANIMALS PERMITTED IN PARKS TO BE SERVICE ANIMALS; TO PROHIBIT THE USE OF FIREWORKS IN PARKS; AMENDING SECTION 28-33 – PARKING WITHIN PARKS TO PROVIDE REGULATIONS BY SIGNAGE; TO PROVIDE REGULATIONS REGARDING TYPE OF AND SIZE OF VEHICLES; AMENDING SECTION 28-37 – APPLICATION FOR SPECIAL USE PERMIT, SUBSECTION (a) TO ALLOW THE CITY MANAGER TO ASSIGN A DESIGNEE; 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.
Commissioner Jeremiah Johnson commented on an email received by a citizen regarding the boundaries on this area.
Mayor Hudson commented that the boundaries referenced are not included.
Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Arnold Gaines to approve Ordinance 24-014.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
Passed
ORDINANCE NO. 24-016
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN TO CHANGE THE DESIGNATION OF PROPERTY GENERALLY LOCATED AT OR NEAR 3720 OKEECHOBEE ROAD, FROM
BOUNDARY COMMERCIAL, BC, TO GENERAL COMMERCIAL, GC; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS THEREOF IN CONFLICT; 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 Curtis Johnson, Jr. to approve Ordinance 24-016.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
Passed
ORDINANCE NO. 24-017
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; REZONING THE PROPERTY GENERALLY LOCATED AT OR NEAR 3720 OKEECHOBEE ROAD, FROM NEIGHBORHOOD COMMERCIAL (C-2) TO GENERAL COMMERCIAL (C-3); PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS THEREOF IN CONFLICT; 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 24-017.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
Passed
ORDINANCE NO. 23-058
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE; AMENDING THE CITY’S ZONING ATLAS FROM (R-1) SINGLE-FAMILY LOW DENSITY ZONE AND ESTABLISHING A ZONING DESIGNATION OF (PD) PLANNED DEVELOPMENT FOR THREE (3) PARCELS
CONTAINING APPROXIMATELY 122.8 ACRES AND BEING LOCATED AT OR NEAR THE NORTHEAST CORNER OF SELVITZ ROAD AND DEVINE ROAD AND APPROXIMATELY 1600 FEET NORTH OF DEVINE 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
Mayor Linda Hudson asked all present to listen carefully to what City Attorney Sara Hedges would read regarding Quasi-Judicial Hearings. Sara Hedges, 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 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 (Developer)
Commissioner Curtis Johnson Jr. – Yes (Potential update)
Commissioner Jeremiah Johnson – Yes (Applicant, design team and residents)
Mayor Hudson – No
City Clerk Linda Cox swore in those wanting to speak during the Quasi-Judicial hearing.
Staff Presentation:
Vennis Gilmore, Assistant Planning Director, presented the amendment to City’s Zoning Atlas and the establishment of PD (planned development) zoning designation.
RECOMMENDATION:
Based on the revised submittal, staff recommends APPROVAL of the proposed Zoning Atlas Map Amendment with twenty-two (22) conditions.
Commission Questions of Staff:
The Commissioner inquired on project phasing and emergency access.
Mr. Gilmore commented on the phasing referenced in the conditions and deferred the emergency access question to the applicant.
Applicant Questions of Staff:
Dan Sorrow, Cotleur & Hearing, had no questions of Staff.
Applicant Presentation:
Mr. Sorrow presented Selvitz Road Mixed-Use rezoning for PD land use.
Questions of the Applicant:
The Commission inquired on the widening of Selvitz Rd, phasing, the storage and RV Boating area , and frontage and acknowledged the work with the Commission, Staff, and residents.
Mr. Sorrow commented on the Counties TRN map series and traffic analysis, the use of the storage facility, and architectural details.
Mayor Hudson opened the public hearing.
Jill Summerlin – expressed water concerns.
Gabriele Klaesen - posed questions to the applicant.
Amy Quate - on the gopher tortoise survey.
Glenn Smith – expressed concern with the change of use and density.
Micky Sigmon – commented on the changes and perimeter of the building and emergency access.
Applicant Response:
Mr. Sorrow addressed the open space and land preservation and conservation, planned units, gated community, property access and landscaping, pod two units, payment in lieu of providing sidewalks, the gopher tortoise survey time frame, adjacent zoning, and emergency access barrier.
Commission Questions of the Applicant:
The Commission inquired on the applicant's comfortability with locking in the proposed phasing plan, three hundred unit density maximum, following State law for gopher tortoises, and phasing as proposed.
Mr. Sorrow commented on locking in the proposed phasing plan, the request for three hundred units being the max, and the proper relocation of the gopher tortoise habitat.
Mayor Hudson closed the public hearing.
Commission Discussion:
Commissioner Broderick requested clarification if a revision will go through Planning only, and strict three-hundred-unit density limitation.
Kevin Freeman, Planning Director, explained that due to the scale of the project, it would also come back to the Commission.
Commissioner Jeremiah Johnson reiterated the importance of phasing as proposed and if any future changes are made the applicant would need to go through an intense process to do so and inquired of Ms. Hedges the requirements for this condition.
Ms. Hedges requested clarification as to pod 1 phasing, as that is not a current condition, and explained that any amendments would come back to the Commission for changes.
Motion was made by Commissioner Michael Broderick, seconded by Commissioner Arnold Gaines to approve Ordinance 23-058 with twenty- two (22) conditions and the addition of the maximum units of three hundred units in pod 1.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
Passed
RESOLUTION NO. 24-R27
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, CERTIFYING THE APPOINTMENT AND REAPPOINTMENT OF MEMBERS TO THE SUNRISE THEATRE ADVISORY BOARD; PROVIDING FOR AN EFFECTIVE DATE.
Commissioner Gaines – Dorrian Bridges
Mayor Hudson - Dorrian Bridges
Commissioner Jeremiah Johnson – Wendy Diaz
Commissioner Curtis Johnson - Dorrian Bridges
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Arnold Gaines to approve Resolution No. 24-R27.
- AYE:
- Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
- Other:
- Commissioner Michael Broderick (ABSENT)
Passed
RESOLUTION NO. 24-R28
A RESOLUTION OF THE CITY OF FORT PIERCE, FLORIDA AUTHORIZING THE LEASE OF THREE( 3) PARCELS OF LAND LOCATED ALONG INDIAN RIVER DRIVE FROM GLYNDA CAVALCANTI; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Mimms commented that this is a public/private venture to gain additional parking in the downtown area.
Motion was made by Commissioner Arnold Gaines, seconded by Commissioner Curtis Johnson, Jr. to approve Ordinance 24-R28.
- AYE:
- Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
- Other:
- Commissioner Michael Broderick (ABSENT)
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 Curtis Johnson inquired on jobs associated with Broad Range Logistics and requested additional information on rehab funding. Mr. Mimms commented that additional information is forthcoming from Pete Tesch of the EDC and that there are various programs and funds available.
City Clerk Linda Cox – Confirmed the order of the Joint Meeting.
City Attorney Sara Hedges – No comments
The Commission discussed the change of order.
Commissioner Curtis Johnson expressed condolences to the families that experienced loss and are also in recovery, requested that closure be brought through investigation, thanked the Police Department for their hard work and condolences for their loss, and Mr. Mimms and Staff for offering counseling services.
Commissioner Jeremiah Johnson commented that the families are in his prayers and reflected on the percentage of State resources allotted to criminal and civil justice and what can be done on the level, commented that he was proud of the efforts of the Sheriff Department and City in their immediate response and that the City Manager for the resources provided.
Mayor Hudson commented on attending the Law Enforcement Appreciation Day at St. Paul A.M.E, thanked the Police Department, and
commented on how this has affected the entire City.
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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