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 16, 2024.
1.
CALL TO ORDER
Mayor Hudson called the September 16, 2024, Regular Meeting of the City of Fort Pierce to order at 5:05 P.M.
2.
OPENING PRAYER - Rev. 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:
-
- Records Management Coordinator Tina Rel
- Acting City Manager Linda Cox
- City Attorney Sara Hedges
5.
APPROVAL OF MINUTES
a.
Approval of Minutes from September 03, 2024, Regular Meeting.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Arnold Gaines to approve the minutes of the September 03, 2024 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 Proclamation
7.
LETTERS TO COMMISSION
a.
Email from Michele French commending Fort Pierce Police Officer Justo Lopez De Leon for his exceptional dedication and empathy in locating her friend, who was in a crisis.
8.
ADDITIONS OR DELETIONS TO AGENDA AND APPROVAL OF AGENDA
Mayor Hudson requested the postponement of item 13c.
Motion was made by Commissioner Michael Broderick, seconded by Commissioner Arnold Gaines 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.
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.
No public comments.
10.
MISCELLANEOUS REPORTS
11.
CONSENT AGENDA
a.
Approval of letter of support to National Telecommunications and Information Administration on behalf of the St. Lucie County Education Foundation for the Digital Equity Competitive Grant.
b.
Approval of Continuing Contract for Professional Engineering Services to TLC Engineering Solutions, Inc. of Melbourne, FL pursuant to RFQ No. 2024-005.
c.
Approval of Continuing Contract for Professional Engineering Services to SGM Engineering, Inc. of Orlando, FL pursuant to RFQ No. 2024-005.
d.
Approval of Continuing Contract for Professional Engineering Services to Royal Consulting Services of Longwood, FL pursuant to RFQ No. 2024-005.
e.
Approval of Amended Continuing Contract for Professional Engineering Services to MBV Engineering of Vero Beach, FL pursuant to RFQ No. 2024-005.
f.
Approval of Continuing Contract for Professional Engineering Services to GFA International, Inc. dba Universal Engineering Sciences of Port St. Lucie, FL pursuant to RFQ No. 2024-005.
g.
Approval of Amended Continuing Contract for Professional Architecture and Engineering Services to EXP U.S. Services of Maitland, FL pursuant to RFQ No. 2024-005.
h.
Approval of Amended Continuing Contract for Professional Architectural Services to Don Bergman Architecture, LLC of Fort Pierce, FL pursuant to RFQ No. 2024-005.
i.
Approval of Continuing Contract for Professional Engineering Services to Cape Design Engineering of Melbourne, FL pursuant to RFQ No. 2024-005.
j.
Approval of Continuing Contract for Professional Engineering Services to BCER Engineering, Inc. of Melbourne, FL pursuant to RFQ No. 2024-005.
k.
Approval of a small business grant award to Taco N Madrez, LLC in the amount not to exceed $5000.00.
l.
Approval of a small business grant award to The McGee Solution, LLC in the amount not to exceed $5000.00.
m.
Approval of a public service agency grant award to Village Coalition of Youth Services in the amount not to exceed $5000.00.
n.
Approval of Amended Continuing Contract for Professional Architecture, Landscape Architecture, and Urban Planning Services to Architects Design Collaborative, LLC of Port St. Lucie, FL pursuant to RFQ No. 2024-005.
o.
Approval of Construction Contract with PRP Construction Group, LLC., for the Indian Hills Golf Course Expansion project, Bid No. 2024-018 for the construction of a parking lot, sidewalks, a golf cart staging area, and four pickleball courts in an amount not to exceed $757,149.80.
p.
Approval of Amended Continuing Contract for Professional Architecture and Urban Planning Services to Cotleur & Hearing of Jupiter, FL pursuant to RFQ No. 2024-005.
Commissioner Gaines pulled items 11 k, 11l, and 11m.
Motion was made by Commissioner Arnold Gaines, seconded by Commissioner Michael Broderick to approve items 11a-11j and 11n-11p.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
Passed
As to item 11k, 11l, and 11m
Commissioner Gaines commented on the available grants and thanked the Grants Department.
Commissioner Gaines commented on the available grants and thanked the Grants Department.
Motion was made by Commissioner Arnold Gaines, seconded by Commissioner Curtis Johnson, Jr. to approve items 11k,11l, and 11m.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
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.
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 24-035 providing for the levying and collecting of taxes for the City of Fort Pierce for Fiscal year beginning October 1, 2024 and Ending September 30, 2025 and adopting the final millage rate of 6.9. SECOND READING
Records Management Coordinator, Tina Rel, introduced the Ordinance, read in its entirety, into the record.
ORDINANCE NO. 24-035
AN ORDINANCE OF THE CITY OF FORT PIERCE, FLORIDA; PROVIDING FOR THE LEVYING AND COLLECTING OF TAXES FOR THE CITY OF FORT PIERCE, FLORIDA, FOR FISCAL YEAR BEGINNING OCTOBER 1, 2024 AND ENDING SEPTEMBER 30, 2025, FOR THE PURPOSE OF RAISING SUCH AMOUNT AS MAY BE NECESSARY TO CARRY ON THE GOVERNMENT OF SAID CITY DURING SAID FISCAL YEAR AND TO PAY FUNDS SO COLLECTED INTO THE ACCOUNTS PROVIDED THEREFOR; ADOPTING THE CITY OF FORT PIERCE 2024-25 FISCAL YEAR FINAL MILLAGE RATE; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA:
SECTION 1. The final millage rate of the City of Fort Pierce, Florida, for the Fiscal Year beginning October 1, 2024 and ending September 30, 2025 is hereby levied at the rate of 6.9000 per thousand-dollar valuation for general City purposes; said rate being in excess of the roll-back rate by 7.28%.
SECTION 2. The City Commission of the City of Fort Pierce, Florida hereby levies a tax of 6.9000 per thousand-dollar valuation on all real and personal property within the corporate limits of said City, subject to tax on the first day of January 2024, provided however that such 6.9000 shall not be levied upon property in the City of Fort Pierce exempt under state statute or federal constitution.
SECTION 3. That the City Manager is hereby instructed and directed to certify to the St. Lucie County Property Appraiser the above and forgoing enumerated Millage to be levied for all purposes, for the Fiscal Year beginning October 1, 2024 and ending September 30, 2025 in the said City of Fort Pierce, Florida, pursuant to the provision of the laws of the State of Florida and the Charter of the City of Fort Pierce.
SECTION 4. This ordinance shall be and become effective October 1, 2024.
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
ORDINANCE NO. 24-035
AN ORDINANCE OF THE CITY OF FORT PIERCE, FLORIDA; PROVIDING FOR THE LEVYING AND COLLECTING OF TAXES FOR THE CITY OF FORT PIERCE, FLORIDA, FOR FISCAL YEAR BEGINNING OCTOBER 1, 2024 AND ENDING SEPTEMBER 30, 2025, FOR THE PURPOSE OF RAISING SUCH AMOUNT AS MAY BE NECESSARY TO CARRY ON THE GOVERNMENT OF SAID CITY DURING SAID FISCAL YEAR AND TO PAY FUNDS SO COLLECTED INTO THE ACCOUNTS PROVIDED THEREFOR; ADOPTING THE CITY OF FORT PIERCE 2024-25 FISCAL YEAR FINAL MILLAGE RATE; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA:
SECTION 1. The final millage rate of the City of Fort Pierce, Florida, for the Fiscal Year beginning October 1, 2024 and ending September 30, 2025 is hereby levied at the rate of 6.9000 per thousand-dollar valuation for general City purposes; said rate being in excess of the roll-back rate by 7.28%.
SECTION 2. The City Commission of the City of Fort Pierce, Florida hereby levies a tax of 6.9000 per thousand-dollar valuation on all real and personal property within the corporate limits of said City, subject to tax on the first day of January 2024, provided however that such 6.9000 shall not be levied upon property in the City of Fort Pierce exempt under state statute or federal constitution.
SECTION 3. That the City Manager is hereby instructed and directed to certify to the St. Lucie County Property Appraiser the above and forgoing enumerated Millage to be levied for all purposes, for the Fiscal Year beginning October 1, 2024 and ending September 30, 2025 in the said City of Fort Pierce, Florida, pursuant to the provision of the laws of the State of Florida and the Charter of the City of Fort Pierce.
SECTION 4. This ordinance shall be and become effective October 1, 2024.
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. 24-035
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
Passed
b.
Legislative Hearing - Ordinance 24-036 adopting the final budget for the City of Fort Pierce for fiscal year beginning October 1, 2024 and ending September 30, 2025. SECOND READING
Records Management Coordinator, Tina Rel, introduced the Ordinance, read in its entirety, into the record.
ORDINANCE NO. 24-036
AN ORDINANCE OF THE CITY OF FORT PIERCE, FLORIDA; ADOPTING A FINAL BUDGET FOR THE CITY OF FORT PIERCE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2024, AND ENDING SEPTEMBER 30, 2025; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA:
SECTION 1. The City Commission of Fort Pierce, Florida after having held a public hearing, hereby adopts as its final budget for the operation of the government of said City for the fiscal year beginning October 1, 2024, and ending September 30, 2025, the estimates made by the City Manager of said City presented to the City Commission on September 03, 2024, which detailed amended estimates are now on file with the City Clerk and the Director of Finance.
SECTION 2. That it shall be the duty of the City Manager to set up the aforesaid appropriation of revenues and expenses on the account records of said City, to keep such accounts thereof, as required by the Charter of said City, as may be directed from time to time by the City Commission.
SECTION 3. This ordinance shall be and become effective October 1, 2024.
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
Commissioner Gaines inquired if the change in the Police Department contracts would affect the budget and when it would be available to the public.
Acting City Manager, Linda Cox commented that the budget has been adjusted to satisfy the Police Department contracts and is currently available.
ORDINANCE NO. 24-036
AN ORDINANCE OF THE CITY OF FORT PIERCE, FLORIDA; ADOPTING A FINAL BUDGET FOR THE CITY OF FORT PIERCE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2024, AND ENDING SEPTEMBER 30, 2025; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA:
SECTION 1. The City Commission of Fort Pierce, Florida after having held a public hearing, hereby adopts as its final budget for the operation of the government of said City for the fiscal year beginning October 1, 2024, and ending September 30, 2025, the estimates made by the City Manager of said City presented to the City Commission on September 03, 2024, which detailed amended estimates are now on file with the City Clerk and the Director of Finance.
SECTION 2. That it shall be the duty of the City Manager to set up the aforesaid appropriation of revenues and expenses on the account records of said City, to keep such accounts thereof, as required by the Charter of said City, as may be directed from time to time by the City Commission.
SECTION 3. This ordinance shall be and become effective October 1, 2024.
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
Commissioner Gaines inquired if the change in the Police Department contracts would affect the budget and when it would be available to the public.
Acting City Manager, Linda Cox commented that the budget has been adjusted to satisfy the Police Department contracts and is currently available.
Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Arnold Gaines to approve Ordinance No. 24-036
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
Passed
c.
Legislative Hearing - Ordinance 24-037: Review and approval of a Voluntary Annexation by applicant James Hackett - H&L Planning and Development on behalf of owner Savannah Landing Partners LLC, to extend the territorial limits of the City of Fort Pierce, Florida, to include two (2) parcels at or near the intersection of S. US Highway 1 and Dickson Drive, establishing Future Land Use, establishing Zoning. Parcel IDs: 3427-801-0056-000-3 and 2427-801-0053-000-2 (310 Dickson Drive) - FIRST READING
Records Management Coordinator, Tina Rel, introduced the Ordinance, read by the title only, into the record.
ORDINANCE NO. 24-037
AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE TWO (2) PARCELS AT OR NEAR THE INTERSECTION OF S US HIGHWAY 1 AND DICKSON DRIVE AND PARCEL TWO BEING LOCATED AT OR NEAR APPROXIMATELY 310 DICKSON DRIVE 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, 2025; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; ESTABLISHING ZONING CLASSIFICATION OF HIGH DENSITY RESIDENTIAL (R-5); ESTABLISHING LAND USE DESIGNATION OF HIGH DENSITY RESIDENTIAL (RH); DIRECTING FILING OF THE ORDINANCE 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
Staff Presentation:
Kerry Driver, Planner, presented the review and approval of a Voluntary Annexation near the intersection of US Highway 1 and Dickson Dr.
RECOMMENDATION:
As proposed, the annexation meets the standards of the City’s Comprehensive Plan, specifically Policy Section 1.11 regarding annexations. Therefore, the planning staff recommends approval of the proposed voluntary annexation, along with the associated Future Land Use designation of RH and the Zoning classification of R-5
ALTERNATIVES:
1. Recommend approval with conditions
2. Recommend disapproval
Questions of Staff:
None
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
ORDINANCE NO. 24-037
AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE TWO (2) PARCELS AT OR NEAR THE INTERSECTION OF S US HIGHWAY 1 AND DICKSON DRIVE AND PARCEL TWO BEING LOCATED AT OR NEAR APPROXIMATELY 310 DICKSON DRIVE 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, 2025; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; ESTABLISHING ZONING CLASSIFICATION OF HIGH DENSITY RESIDENTIAL (R-5); ESTABLISHING LAND USE DESIGNATION OF HIGH DENSITY RESIDENTIAL (RH); DIRECTING FILING OF THE ORDINANCE 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
Staff Presentation:
Kerry Driver, Planner, presented the review and approval of a Voluntary Annexation near the intersection of US Highway 1 and Dickson Dr.
RECOMMENDATION:
As proposed, the annexation meets the standards of the City’s Comprehensive Plan, specifically Policy Section 1.11 regarding annexations. Therefore, the planning staff recommends approval of the proposed voluntary annexation, along with the associated Future Land Use designation of RH and the Zoning classification of R-5
ALTERNATIVES:
1. Recommend approval with conditions
2. Recommend disapproval
Questions of Staff:
None
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. 24-037.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
Passed
d.
Legislative Hearing - Ordinance 24-038: Review and approval of a Voluntary Annexation by owner Jason Merritt, to extend the territorial limits of the City of Fort Pierce, Florida, to include two (2) parcels at 1835 Sandridge Rd. and 1839 Sandridge Rd, establishing Future Land Use, establishing Zoning. Parcel ID: 2404-111-0003-010-1 and 2404-111-0003-000-8. - FIRST READING
Records Management Coordinator, Tina Rel, introduced the Ordinance, read by the title only, into the record.
ORDINANCE NO. 24-038
AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE TWO (2) PARCELS AT OR NEAR 1835 SANDRIDGE ROAD AND AT OR NEAR APPROXIMATELY 1839 SANDRIDGE ROAD 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, 2025; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; ESTABLISHING ZONING DESIGNATION OF GENERAL COMMERCIAL (C3); ESTABLISHING LAND USE DESIGNATION OF GENERAL COMMERCIAL (GC); DIRECTING FILING OF THE ORDINANCE 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
Staff Presentation:
Kerry Driver, Planner, presented the review and approval of a voluntary annexation at 1835 Sandridge Rd. and 1839 Sandridge Rd.
RECOMMENDATION:
Staff recommendation is for the City Commission to APPROVE the proposed annexation.
Questions of Staff:
None
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public.
ORDINANCE NO. 24-038
AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE TWO (2) PARCELS AT OR NEAR 1835 SANDRIDGE ROAD AND AT OR NEAR APPROXIMATELY 1839 SANDRIDGE ROAD 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, 2025; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; ESTABLISHING ZONING DESIGNATION OF GENERAL COMMERCIAL (C3); ESTABLISHING LAND USE DESIGNATION OF GENERAL COMMERCIAL (GC); DIRECTING FILING OF THE ORDINANCE 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
Staff Presentation:
Kerry Driver, Planner, presented the review and approval of a voluntary annexation at 1835 Sandridge Rd. and 1839 Sandridge Rd.
RECOMMENDATION:
Staff recommendation is for the City Commission to APPROVE the proposed annexation.
Questions of Staff:
None
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public.
Motion was made by Commissioner Michael Broderick, seconded by Commissioner Curtis Johnson, Jr. to approve Ordinance No. 24-038.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
Passed
e.
Quasi-Judicial Hearing - Review and Approval of an application for a Conditional Use with New Construction (Development Review & Design Review) by property owner, David Rowe, to construct a Residential Duplex Apartment building totaling 2,595 square feet with associated site improvements, located at 1001 Tennessee Avenue in Fort Pierce, Florida, more specifically located at Parcel Control Number: 2415-703-0220-000-6.
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.
Records Management Coordinator, Tina Rel confirmed that the City complied with the advertisement and notice requirements.
Commissioner Broderick - No
Commissioner Gaines - No
Commissioner Curtis Johnson - No
Commissioner Jeremiah Johnson - No
Mayor Hudson – No
Records Management Coordinator, Tina Rel, swore in those wanting to speak during the Quasi-Judicial hearing.
Staff Presentation:
Vennis Gilmore, Assistant Planning Director, presented the review and Approval of an application for Conditional Use with New Construction
RECOMMENDATION:
The proposed Conditional Use with New Construction application adheres to the requirements of the City Land Development Code and guidelines of the City’s Comprehensive Plan. Therefore, Staff recommends APPROVAL of the requested application with the following conditions:
Prior to Certificate of Occupancy, a Landscape Maintenance Agreement is required:
The Landscape Maintenance Agreement shall note that all approved landscaping shall be installed, irrigated, and maintained in perpetuity in accordance with section 123-7 of the City Code of Ordinances, in order that it continues to present a healthy, neat, and orderly appearance free of refuse and debris, in conformity with the following requirements:
Vegetation required by this article shall be replaced with equivalent or better vegetation if it is not living. All trees for which credit is awarded and which subsequently die shall be replaced by the same or greater number of living trees according to the standards established in this article.
In case of violation:
Maintenance shall include the replacement of all unhealthy/dead material within 30 days after a notification of violation in conformance with the approved site plan or landscape plan. Violations of this article, or failure to maintain all required landscaping as reflected in the approved landscaping plan, shall be grounds for referral to the special magistrate for appropriate action.
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.
The proposed sidewalk on South 10th Street and Tennessee Avenue shall be constructed per the City of Fort Pierce Details. A Right-of-Way permit application shall be required and approved by the City of Fort Pierce Engineering Department prior to sidewalk installation.
Prior to Certificate of Occupancy, a sidewalk easement shall be required and filed for the portion of sidewalk on South 10th Street to Tennessee Avenue that crosses onto the property.
Questions of Staff:
The Commission inquired on the change, residential components and impacts, and uses that may have night hours.
Mr. Gilmore commented on the residential components, notifications provided to adjacent properties, other uses may require a conditional use.
Kevin Freeman, Planning Director, commented on the consideration for the C1 adjacent residential designation.
Mayor Hudson opened the public hearing.
Applicant questions of the staff:
David Rowe had no questions of staff.
Mayor Hudson closed the public hearing.
Sara Hedges, City Attorney, reviewed the quasi-judicial hearing rules and procedures.
Mayor Linda Hudson called the proceeding to order.
Records Management Coordinator, Tina Rel confirmed that the City complied with the advertisement and notice requirements.
Commissioner Broderick - No
Commissioner Gaines - No
Commissioner Curtis Johnson - No
Commissioner Jeremiah Johnson - No
Mayor Hudson – No
Records Management Coordinator, Tina Rel, swore in those wanting to speak during the Quasi-Judicial hearing.
Staff Presentation:
Vennis Gilmore, Assistant Planning Director, presented the review and Approval of an application for Conditional Use with New Construction
RECOMMENDATION:
The proposed Conditional Use with New Construction application adheres to the requirements of the City Land Development Code and guidelines of the City’s Comprehensive Plan. Therefore, Staff recommends APPROVAL of the requested application with the following conditions:
Prior to Certificate of Occupancy, a Landscape Maintenance Agreement is required:
The Landscape Maintenance Agreement shall note that all approved landscaping shall be installed, irrigated, and maintained in perpetuity in accordance with section 123-7 of the City Code of Ordinances, in order that it continues to present a healthy, neat, and orderly appearance free of refuse and debris, in conformity with the following requirements:
Vegetation required by this article shall be replaced with equivalent or better vegetation if it is not living. All trees for which credit is awarded and which subsequently die shall be replaced by the same or greater number of living trees according to the standards established in this article.
In case of violation:
Maintenance shall include the replacement of all unhealthy/dead material within 30 days after a notification of violation in conformance with the approved site plan or landscape plan. Violations of this article, or failure to maintain all required landscaping as reflected in the approved landscaping plan, shall be grounds for referral to the special magistrate for appropriate action.
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.
The proposed sidewalk on South 10th Street and Tennessee Avenue shall be constructed per the City of Fort Pierce Details. A Right-of-Way permit application shall be required and approved by the City of Fort Pierce Engineering Department prior to sidewalk installation.
Prior to Certificate of Occupancy, a sidewalk easement shall be required and filed for the portion of sidewalk on South 10th Street to Tennessee Avenue that crosses onto the property.
Questions of Staff:
The Commission inquired on the change, residential components and impacts, and uses that may have night hours.
Mr. Gilmore commented on the residential components, notifications provided to adjacent properties, other uses may require a conditional use.
Kevin Freeman, Planning Director, commented on the consideration for the C1 adjacent residential designation.
Mayor Hudson opened the public hearing.
Applicant questions of the staff:
David Rowe had no questions of staff.
Mayor Hudson closed the public hearing.
Motion was made by Commissioner Arnold Gaines, seconded by Commissioner Curtis Johnson, Jr. to approve the conditional use with new construction with the (4) four conditions.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
Passed
f.
Quasi-Judicial Hearing - Application for a Site Plan (Design & Development Review) submitted by applicant ETM Solutions, LLC on behalf of owner Wanda Johnson to operate 325,937 square feet for use of an Asphalt Plant located at 4060 Selvitz Road, more specifically located at Parcel Control Number: 2432- 223-0004-000-6
Mayor Linda Hudson called the proceeding to order.
Records Management Coordinator, Tina Rel confirmed that the City complied with the advertisement and notice requirements.
Commissioner Broderick - No
Commissioner Gaines - No
Commissioner Curtis Johnson - No
Commissioner Jeremiah Johnson - No
Mayor Hudson - No
Records Management Coordinator, Tina Rel, swore in those wanting to speak during the Quasi-Judicial hearing.
Staff Presentation:
Kerry Driver, Planner, presented the application for a Site Plan, 4060 Selvitz Road.
RECOMMENDATION:
Staff recommends two (2) conditions:
1. Prior to issuance of final certificate of occupancy, a Landscape Maintenance Agreement shall be approved and shall acknowledge the following:
1. All approved landscaping shall be installed, irrigated, and maintained in perpetuity in accordance with section 123-7 of the City Code of Ordinances, in order that it continues to present a healthy, neat, and orderly appearance free of refuse and debris, in conformity with the following requirements:
2. Vegetation required by this article shall be replaced with equivalent or better vegetation if it is not living. All trees for which credit is awarded and which subsequently die shall be replaced by the same or greater number of living trees according to the standards established in this article
3. Maintenance shall include sufficient weeding, watering, fertilizing, pruning, mowing, edging, mulching and other horticultural practices to ensure that the landscaping continues to maintain a healthy, neat, and orderly appearance
2. A painted stop bar and defined driveway/width at the property line is required to be installed prior to issuance of final certificate of occupancy
Questions of Staff:
The Commission inquired as to the hours of operation, comparative analysis on traffic, City or County Engineering assessments, lighting, sound from trucks, the PD, code enforcement issues, zoning, and stormwater.
Kevin Freeman commented on traffic, code enforcement resolutions, and explained the business operations including limited hours of operations, clarified the code enforcement issues and the berms' purpose, and stormwater.
Mayor Hudson opened the public hearing,
Applicant Questions of Staff
Rick Mancil, for the applicant, and Tom Degrace, Culpepper & Terpening Inc., had no questions of staff.
Commission questions of the Applicant:
Mr. Mansal answered the questions posed by the Commission including the height of the berm, the improvements to the landscaping, existing infrastructure, South Florida Management Company involvement, hours of operations, and company process.
Mayor Hudson closed the public hearing.
The Commission commented on the application and the processes of external agencies.
Mr. Freeman commented that the development application can not be held based on approval and licensing from external agencies.
Records Management Coordinator, Tina Rel confirmed that the City complied with the advertisement and notice requirements.
Commissioner Broderick - No
Commissioner Gaines - No
Commissioner Curtis Johnson - No
Commissioner Jeremiah Johnson - No
Mayor Hudson - No
Records Management Coordinator, Tina Rel, swore in those wanting to speak during the Quasi-Judicial hearing.
Staff Presentation:
Kerry Driver, Planner, presented the application for a Site Plan, 4060 Selvitz Road.
RECOMMENDATION:
Staff recommends two (2) conditions:
1. Prior to issuance of final certificate of occupancy, a Landscape Maintenance Agreement shall be approved and shall acknowledge the following:
1. All approved landscaping shall be installed, irrigated, and maintained in perpetuity in accordance with section 123-7 of the City Code of Ordinances, in order that it continues to present a healthy, neat, and orderly appearance free of refuse and debris, in conformity with the following requirements:
2. Vegetation required by this article shall be replaced with equivalent or better vegetation if it is not living. All trees for which credit is awarded and which subsequently die shall be replaced by the same or greater number of living trees according to the standards established in this article
3. Maintenance shall include sufficient weeding, watering, fertilizing, pruning, mowing, edging, mulching and other horticultural practices to ensure that the landscaping continues to maintain a healthy, neat, and orderly appearance
2. A painted stop bar and defined driveway/width at the property line is required to be installed prior to issuance of final certificate of occupancy
Questions of Staff:
The Commission inquired as to the hours of operation, comparative analysis on traffic, City or County Engineering assessments, lighting, sound from trucks, the PD, code enforcement issues, zoning, and stormwater.
Kevin Freeman commented on traffic, code enforcement resolutions, and explained the business operations including limited hours of operations, clarified the code enforcement issues and the berms' purpose, and stormwater.
Mayor Hudson opened the public hearing,
Applicant Questions of Staff
Rick Mancil, for the applicant, and Tom Degrace, Culpepper & Terpening Inc., had no questions of staff.
Commission questions of the Applicant:
Mr. Mansal answered the questions posed by the Commission including the height of the berm, the improvements to the landscaping, existing infrastructure, South Florida Management Company involvement, hours of operations, and company process.
Mayor Hudson closed the public hearing.
The Commission commented on the application and the processes of external agencies.
Mr. Freeman commented that the development application can not be held based on approval and licensing from external agencies.
Motion was made by Commissioner Arnold Gaines, seconded by Commissioner Curtis Johnson, Jr. to approve the Site Plan with (2) two conditions.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Mayor Linda Hudson
- NAY:
- Commissioner Jeremiah Johnson
Passed
13.
CITY COMMISSION
a.
Resolution 24-R49 addressing a second request for an extension to comply with the terms of the Quit Claim Deed for 133 N 10th Street.
Records Management Coordinator, Tina Rel, introduced the Resolution, read by the title only, into the record.
RESOLUTION 24-R49
A RESOLUTION OF THE CITY OF FORT PIERCE, FLORIDA, MAKING A DETERMINATION REGARDING THE REQUEST OF JOHN D. BESS AND BRENDA V. SMITH. FOR AN EXTENSION OF TIME TO COMPLY WITH TERMS OF A QUIT CLAIM DEED FOR 133 N 10TH STREET, FORT PIERCE; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.
Acting City Manager, Linda Cox introduced, John Bess to provide an update on the progress of the project and request and extension to November 16, 2024.
The Commission granted the extension to November 16, 2024, and commented on the progress of the proposed.
RESOLUTION 24-R49
A RESOLUTION OF THE CITY OF FORT PIERCE, FLORIDA, MAKING A DETERMINATION REGARDING THE REQUEST OF JOHN D. BESS AND BRENDA V. SMITH. FOR AN EXTENSION OF TIME TO COMPLY WITH TERMS OF A QUIT CLAIM DEED FOR 133 N 10TH STREET, FORT PIERCE; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.
Acting City Manager, Linda Cox introduced, John Bess to provide an update on the progress of the project and request and extension to November 16, 2024.
The Commission granted the extension to November 16, 2024, and commented on the progress of the proposed.
Motion was made by Commissioner Arnold Gaines, seconded by Commissioner Curtis Johnson, Jr. to approve Resolution No. 24-R49.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
Passed
b.
Resolution 24-R50 appointing an at-large position on the FPUA Board.
Records Management Coordinator, Tina Rel, introduced the Resolution, read by the title only, into the record.
RESOLUTION NO. 24-R50
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, CERTIFYING THE APPOINTMENT OF A MEMBER OF THE FORT PIERCE UTILITIES AUTHORITY BOARD; PROVIDING FOR AN EFFECTIVE DATE.
Acting City Manager, Linda Cox commented on the appointment.
Commissioner Gaines – Kristina Gibbons
Commissioner Jeremiah Johnson-Kristina Gibbons
Mayor Hudson - Kristina Gibbons
Commissioner Broderick - Kristina Gibbons
Commissioner Curtis Johnson – Nichelle Clemons
RESOLUTION NO. 24-R50
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, CERTIFYING THE APPOINTMENT OF A MEMBER OF THE FORT PIERCE UTILITIES AUTHORITY BOARD; PROVIDING FOR AN EFFECTIVE DATE.
Acting City Manager, Linda Cox commented on the appointment.
Commissioner Gaines – Kristina Gibbons
Commissioner Jeremiah Johnson-Kristina Gibbons
Mayor Hudson - Kristina Gibbons
Commissioner Broderick - Kristina Gibbons
Commissioner Curtis Johnson – Nichelle Clemons
Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Michael Broderick to approve Resolution No.24-R50 appointing Kristina Gibbons to the Fort Pierce Utilities Authority Board.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
Passed
c.
Discussion and direction as required by Resolution 24-R47 regarding the status of City Manager, Nick Mimms, the appointment of Linda Cox as Acting City Manager and the contract for an independent investigation of contract and/or personnel rules and regulation violations based upon the allegations against Nick Mimms.
Moved to the September 17, 2024 Special Commission Meeting.
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.
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.
Reginald Sessions
15.
COMMENTS FROM THE CITY MANAGER
Acting City Manager, Linda Cox extended a thank you to the Union negotiating team, the challenges with the new EPL portal and the implementation of a new appointment system, issues with solid waste, extending shifts to ensure pick-up, and new staff.
Records Management Specialist, Tina Rel - No comments
City Attorney, Sara Hedges - No comments
Records Management Specialist, Tina Rel - No comments
City Attorney, Sara Hedges - No comments
16.
COMMENTS FROM THE COMMISSION
Commissioner Curtis Johnson thanked public works for their work during the time the trucks were down, commented on how to improve solid waste pick up, the efforts of the Commission on criminal issues in neighborhoods, Union agreements, an update from the Police Department, and citizen-supported efforts to maintain safety.
Commissioner Broderick commented on the Union negotiations, the Commission's support of the Police Department, the impressive work and manpower of the solid waste division while down two trucks, and positive things happening in the City.
Commissioner Gaines commented on showing appreciation monetarily, communicating with the public, addressing public safety concerns, and being a good neighbor.
Commissioner Jeremiah Johnson thanked Public Works for their efforts, the Sun Trail, and the good things happening in Fort Pierce.
Mayor Hudson commented on the Great American Clean Up on September 28th, the Reduce Litter campaign rollout, thanked the negotiating team and Ms. Morris, the shot spotter, Coffee with the Mayor returning, and the good things happening in the City.
Commissioner Broderick commented on the Union negotiations, the Commission's support of the Police Department, the impressive work and manpower of the solid waste division while down two trucks, and positive things happening in the City.
Commissioner Gaines commented on showing appreciation monetarily, communicating with the public, addressing public safety concerns, and being a good neighbor.
Commissioner Jeremiah Johnson thanked Public Works for their efforts, the Sun Trail, and the good things happening in Fort Pierce.
Mayor Hudson commented on the Great American Clean Up on September 28th, the Reduce Litter campaign rollout, thanked the negotiating team and Ms. Morris, the shot spotter, Coffee with the Mayor returning, and the good things happening in the City.
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.
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 7:45 p.m.
ATTEST:
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CITY CLERK
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MAYOR COMMISSIONER
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