- 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 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
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
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.
Erin O'Brien - Item 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
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 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
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. 24-015 - 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
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
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
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
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.
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
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
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
April Smith
Lacresia Robinson Reeves
Dr. Delores Benjamin
Rick Reed
City Clerk Linda Cox - No comments.
City Attorney Sara Hedges - No comments
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.
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.
| ____________________________ | _________________________________ |
|
CITY CLERK
|
MAYOR COMMISSIONER
|