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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 17, 2024.
 
1.
CALL TO ORDER
Mayor Hudson called the June 17, 2024, Regular Meeting of the City Commission to order at 5:05 P.M.
 
2.
OPENING PRAYER - Bishop Stafford Fisher with New Covenant Prayer Center
 
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 Sara Hedges
 
5.
APPROVAL OF MINUTES
 
a.
Approval of Minutes from the June 03, 2024 Regular Meeting.
 

Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Curtis Johnson, Jr. to approve the minutes of the June 17, 2024 Regular Meeting.

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

Passed

 
6.
PROCLAMATIONS
 
7.
LETTERS TO COMMISSION
 
a.
Email from Susan Parry, United for Animals, praising City of Fort Pierce Fleet Maintenance, especially Gil Arbelo and his team, for their exceptional service maintaining the City Van since 2010, which has safely transported thousands of pets, supplies, and donated food with minimal breakdowns and continues to serve the community reliably.
 
8.
ADDITIONS OR DELETIONS TO AGENDA AND APPROVAL OF AGENDA
Staff requested item 11a of the consent agenda be pulled. 
 

Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Curtis Johnson, Jr. to set the agenda with item 11a being pulled.

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.
Rick Reed - Item 11d
Erin O'Brien - Item 11d
 
10.
MISCELLANEOUS REPORTS
 
11.
CONSENT AGENDA
 
a.
PULLED AT THE REQUEST OF STAFF.  Approval of a grant to Youth Empowered to Prosper, Inc. in the amount of $5,000 for the PY 23-24 Public Service Agency Grant as recommended by the Grants Administration Division.
 
b.
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.
 
c.
Approval to continue consideration of Second Amendment to the Amended and Restated Agreement for Development of King's Landing for 45 days from June 11, 2024 in order to provide Audubon Development and Harbert Realty Services the opportunity to agree to a joint venture agreement subject to all conditions approved by the Fort Pierce Redevelopment Agency Board on June 11, 2024.
 
d.
Approve Notice to terminate Agreement dated October 27, 2020 to Lease and Improve the 1134 and 1138 Avenue D with Lincoln Park Young Professionals in accordance with Section 16(a) of the lease agreement.
Commissioner Gaines pulled items 11c and 11d.
 

Motion was made by Commissioner Michael Broderick, seconded by Commissioner Curtis Johnson, Jr. to approve item 11b of the consent agenda.

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

Passed

As to item 11c
Commissioner Gaines commented that he pulled the item to maintain consistency with his previous no-vote.

Commissioner Broderick commented that Harbour Realty Services would like to introduce themselves to the Commission in the coming weeks.
 

Motion was made by Commissioner Michael Broderick, seconded by Commissioner Curtis Johnson, Jr. to approve item 11c of the consent agenda.

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

Passed

As to item 11d
As to item 11d Commissioner Gaines commented that he pulled the item to maintain consistency with his previous no-vote.

Commissioner Curtis Johnson expressed concern with the security of the site.

Commissioner Jeremiah Johnson inquired of Commissioner Gaines the reason for the no vote, clarified the termination procedures, and funding issues. 

Commissioner Gaines explained his decision to vote no based on the processes taken to terminate the contract.


Commissioner Broderick commented on the termination procedures and the project's funding source.
City Attorney Sara Hedges explained the contract's allowable termination verbiage. 
 

Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Curtis Johnson, Jr. to approve item 11d of the consent agenda.

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

Passed

 
12.
PUBLIC HEARINGS
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.
 
a.
Legislative Hearing - Ordinance 24-015: Amending the Code of Ordinances of the City of Fort Pierce Chapter 125 - Zoning, Article IV - Basic Zoning Districts, Section 125-212 Planned Development Zone (PD) and deleting existing Section 125-213 CHAPTER 125-213 - Planned Unit Redevelopment Zone (PUR). SECOND READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.

ORDINANCE NO. 24-015 - AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FORT PIERCE, FLORIDA, INSERTING AN AMENDED AND REVISED SECTION OF CHAPTER 125 – ZONING, ARTICLE IV – BASIC ZONING DISTRICTS, SECTION 125–212 – PLANNED DEVELOPMENT ZONE (PD); DELETING EXISTING SECTION AT CHAPTER 125 – ZONING, ARTICLE IV – BASIC ZONING DISTRICTS, SECTION 125–213 – PLANNED UNIT REDEVELOPMENT ZONE (PUR); PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL 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 Michael Broderick to approve Ordinance No. 24-015.

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

Passed

 
b.
Legislative Hearing - Ordinance No. 24-018 an ordinance by the City Commission of the City of Fort Pierce, Florida; amending the City's zoning atlas and rezoning one(1) parcel generally located at or near 301 Florida Ave, containing approximately 0.38 Acres of land, more or less, from General Commercial (C-3) to Planned Development (PD); Parcel ID: 2410-711-0041-000-7.  SECOND  READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.

ORDINANCE NO. 24-018
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; AMENDING THE CITY’S ZONING ATLAS AND REZONING ONE (1) PARCEL GENERALLY LOCATED AT OR NEAR 301 FLORIDA AVENUE CONTAINING APPROXIMATELY 0.38 ACRES OF LAND, MORE OR LESS, FROM GENERAL COMMERCIAL (C-3) TO PLANNED DEVELOPMENT (PD); 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 No. 24-018.

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

Passed

 
c.
Legislative Hearing - Ordinance No. 24-012 amending the Code of Ordinances of the City of Fort Pierce, Chapter 24 - Nuisances.  FIRST READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.

ORDINANCE NO. 24-012
AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF FORT PIERCE, FLORIDA; AMENDING CHAPTER 24, ARTICLE I, BY CREATING SECTION 24-1 TO PROVIDE DEFINITIONS; CREATING SECTION 24-2 TO PROVIDE POWERS AND DUTIES; AMENDING CHAPTER 24, ARTICLE II, SECTION 24-19 THROUGH 24-28 BY REPLACING NUISANCE DEFINITIONS WITH A DETAILED LIST OF PROHIBITED ACTIVITIES, TO INCLUDE LANDSCAPE MAINTENANCE REQUIREMENTS, ESTABLISHING A NUISANCE ABATEMENT PROGRAM, AND RENUMBERING AND RENAMING SECTIONS THERETO; AMENDING CHAPTER 24, ARTICLE IV, SECTION BY CLARIFYING CRITERIA TO DECLARE A STRUCTURE A NUISANCE, ESTABLISHING PROCEDURES FOR ASSESSING COSTS OF ABATEMENT, AND ESTABLISHING PROCEDURES FOR LIEN ENFORCEMENT; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. FIRST READING

Peggy Arraiz, Community Response Director, presented the amending of Chapter 24- Nuisances in the Code of Ordinances.

Mayor Hudson emphasized the desire for compliance rather than liens and the need to communicate instead of ignoring notices.

Commissioner Gaines inquired how renters and the elderly will be impacted by the changes.

Ms. Arraiz commented that the question would be answered in the next item.

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. 24-012.

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

Passed

 
d.
Legislative Hearing - Ordinance No. 24-013 - An ordinance amending the Code of Ordinances of the City of Fort Pierce, Chapter 1, Article II - Code Enforcement.  FIRST READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.

ORDINANCE NO. 24-013
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FORT PIERCE, FLORIDA, CHAPTER 1 – GENERAL PROVISIONS, ARTICLE II – CODE ENFORCEMENT; AMENDING CHAPTER 1, ARTICLE II, DIVISION 1, BY CREATING SECTIONS 1-41 THROUGH 1-47 TO PROVIDE FOR A TITLE, PROVIDE FOR INTENT, CREATE DEFINITIONS, ESTABLISH PROCEDURES FOR CODE ENFORCEMENT HEARINGS, AND PROVIDE POWERS AND DUTIES; AMENDING CHAPTER I, ARTICLE II, DIVISION 2 BY DELETING SECTIONS 1-69 THROUGH 1-76 THAT WERE ADDED TO DIVISION 1; AMENDING CHAPTER 1, ARTICLE II, DIVISION 2 BY TITLE; AMENDING CHAPTER 1, ARTICLE II, DIVISION 2 BY AMENDING AND ADDING SECTIONS 1-77 THROUGH 1-81 TO ADD REGULATIONS FOR IMPOSING FINES AND ASSESSING LIENS, PROVIDE FOR LIEN REDUCTIONS, AND TO PROVIDE FOR UNENFORCEABLE LIENS; AMENDING CHAPTER 1, ARTICLE II, DIVISION 3 BY TITLE; AMENDING CHAPTER 1, ARTICLE II, DIVISION 3 BY DELETING SECTION 1- 99 DEFINITIONS, AMENDING HOW CITATIONS ARE PROCESSED, AND AMENDING THE CLASSES OF VIOLATION; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. FIRST READING

Peggy Arraiz, Community Response Director, presented the amending of Chapter 1, Article II of the Code of Ordinance. 

Commissioner Gaines inquired on community assistance or programs available and if the letters address language barriers.

Ms. Arraiz commented that the Special Magistrate must consider the three State mandated criteria, extenuating circumstances, referrals to the Grants Department, notices include both Spanish and Creole, and there is a paid service to assist with interpretation.

Commissioner Curtis Johnson inquired as to who is served with the lien notices and how are they served.

Commissioner Jeremiah Johnson commented on churches and organizations that will assist those in need in the community. 

Ms. Arraiz explained the processes used to contact and notify the public of violations and liens which are based on State statutes, and encouraged the public to communicate with code enforcement when they receive notices. 

Mayor Hudson opened the public hearing.

Albert Smith commented on the evaluation process. 

Rick Reed commented on code enforcement.

Mayor Hudson closed the public hearing, commented on keeping citizens in their homes, the Special Magistrate, and compliance. 

The Commission commented on code enforcement streamlining the process, presentation of reporting, government intervention, the lien process vs citation process, and improving the current process.

Ms. Arraiz commented on the current number of foreclosed properties.  
 
 

Motion was made by Commissioner Arnold Gaines, seconded by Commissioner Michael Broderick to approve Ordinance No. 24-013.

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

Passed

 
e.
Legislative Hearing - Ordinance 24-019 - amending Code of Ordinances, Chapter 22 to delete Business Tax Receipts and replace with Certificate of Use.  FIRST READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.

ORDINANCE NO. 24-019
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FORT PIERCE, FLORIDA; AMENDING CHAPTER 22 – LICENSES, TAXATION AND BUSINESS REGULATIONS BY AMENDING THE CHAPTER TITLE; AMENDING ARTICLE II – BUSINESS TAX TO DELETE BUSINESS TAX IN ITS ENTIRETY; CREATING A NEW ARTICLE II – CERTIFICATE OF USE PROGRAM, SECTIONS 22-19 TO 22-54 ESTABLISHING DEFINITIONS, REQUIREMENTS, APPLICATION, TERMS, RENEWAL, OTHER CERTIFICATES, REQUIRED REVIEWS, INSPECTIONS, FEES AND PENALTIES, FAILURE TO OBTAIN CERTIFICATE OF USE, DENIAL AND REVOCATION, AND ENFORCEMENT; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.FIRST READING

Linda Cox, City Clerk, presented the amending of Chapter 22 of the Code of Ordinance replacing Business Tax Receipts with a Certificate of Use.

The Commission inquired on the purpose of replacing the business tax receipt program, the inclusion of the Fire District, nonprofit organization participation, churches, if insurance is required, authorization from property owners, fees, general safety, and how the public would be notified of the change. 

Ms. Cox explained the purpose of the proposed change, nonprofit organization inclusion, the City has no insurance requirement, and that businesses will receive a notification letter of the change.

Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing. 
 
13.
CITY COMMISSION
 
a.
Resolution 24-R31 authorizing the acceptance of FDOT Standard Agreement for the Florida Standard Use Nonmotorized (SUN) Trail Network Agreement between the City and FDOT for funding for Right-of-Way Acquisition.
City Clerk Linda Cox introduced the Resolution, read by title only, into the record.

RESOLUTION NO. 24-R31
A RESOLUTION OF THE CITY OF FORT PIERCE, FLORIDA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE FLORIDA SHARED-USE NONMOTORIZED (SUN) TRAIL GRANT AGREEMENT FOR THE DEPARTMENTS PARTICIPATION IN RIGHT OF WAY ACQUISITION FOR THE SHARED-USE PATH FROM  GEORGIA  AVENUE  TO  A1A/NORTH CAUSEWAY DRIVE KNOWN AS THE HISTORIC DOWNTOWN  TRAIL;  PROVIDING  FOR  A SEVERABILITY CLAUSE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
 
Selena Griffett, Project Engineer, provided an update on the FDOT standard agreement for funding the right-of-way acquisition.

 
 

Motion was made by Commissioner Arnold Gaines, seconded by Commissioner Jeremiah Johnson to approve Resolution No. 24-R31.

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

Passed

 
b.
Resolution 24-R32 adopting the 2024-2027 SHIP Local Housing Assistance Plan (LHAP)
City Clerk Linda Cox introduced the Resolution, read by title only, into the record.

RESOLUTION NO. 24-R32 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA APPROVING THE LOCAL HOUSING ASSISTANCE PLAN AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ACT, SECTIONS 420.907-420.9079, FLORIDA STATUTES, AND RULE CHAPTER 67-37, FLORIDA ADMINISTRATIVE CODE; AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE ANY NECESSARY DOCUMENTS AND CERTIFICATIONS NEEDED BY THE STATE; AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; AND PROVIDING AN EFFECTIVE DATE.

Kimberlee Henton, Grants, provided a brief update on the local assistance plan with a focus on rehabilitation for the next fiscal year.

Commissioner Curtis Johnson inquired of the efficacy of the rehabilitation program.

Ms. Henton commented that 100% of the funding had been allocated.
 
 

Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Jeremiah Johnson to approve Resolution No. 24-R32.

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

Passed

 
14.
COMMENTS FROM THE PUBLIC

Any person who wishes to comment on any subject may be heard at this time. Please limit your comments to three (3) minutes or less, as directed by the Mayor, as this section of the Agenda is limited to thirty minutes. The City Commission will not be able to take any official actions under Comments from the Public. Speakers will address the Mayor, Commissioners, and the Public with respect. Inappropriate language will not be tolerated.
Albert Smith
Lisa Prince
April Smith
Lacresia Robinson Reeves
Dr. Delores Benjamin
Rick Reed
 
15.
COMMENTS FROM THE CITY MANAGER
 
a.
Reports
City Manager Nick Mimms commented on the recent loss, the FDLE investigation of the officer-involved shooting, the investigation in law enforcement, and the addition of mental health services and mentoring into the budget. 

City Clerk Linda Cox - No comments.

City Attorney Sara Hedges - No comments
 
16.
COMMENTS FROM THE COMMISSION
Commissioner Curtis Johnson thanked the families who lost loved ones for coming, commented on the responsibility of the FDLE, community solutions, involvement and partnership opportunities, and meeting with faith leaders and the State Attorney. 

Commissioner Broderick commented that on the City level what can be done is funding for resources.

Commissioner Gaines commented on the recent losses and the need to reach the youth to see change.

Commissioner Jeremiah Johnson commented on investing in the youth and how it affects families, healing, and resources to change the environment. 

Mayor Hudson commented on the recent tragedy, the involvement of the FDLE, City resources, technology, and facilitating mental health resources. 

 
 
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 Hudson adjourned the meeting at 8:08 p.m.
ATTEST:

____________________________ _________________________________
CITY CLERK
MAYOR COMMISSIONER