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Minutes for City Commission Regular Meeting

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 6:30 P.M. ON MONDAY, DECEMBER 5, 2016.
 
1.
CALL TO ORDER - Mayor Hudson called the meeting to order at 6:30 p.m.
 
2.
OPENING PRAYER - Father Michael McNally of St. Mark the Evangelist Catholic Church gave the opening prayer.
 
3.
PLEDGE OF ALLEGIANCE
 
4.
ROLL CALL
Present:
Mayor Linda Hudson; Commissioner Rufus Alexander; Commissioner Jeremiah Johnson; Commissioner Thomas Perona; Commissioner Reginald Sessions
Staff Present:
  • City Clerk Linda Cox
  • City Manager Nicholas Mimms
  • City Attorney James Messer
 
5.
APPROVAL OF MINUTES
 
a.
Approval of minutes from the November 21, 2016 regular meeting.
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Rufus Alexander to approve the minutes from the November 21, 2016 regular meeting.

AYE:
Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions

Passed

 
6.
PROCLAMATIONS
 
a.
Mayor Hudson presented the Award of Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association to Johnna Morris, Director of Finance.
 
7.
LETTERS TO COMMISSION - There were no letters to the City Commission.
 
8.
COMMENTS FROM THE PUBLIC ON AGENDA ITEMS NOT REQUIRING PUBLIC HEARINGS - There were no comments from the public.

----
 
9.
ADDITIONS OR DELETIONS TO AGENDA AND APPROVAL OF AGENDA
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Jeremiah Johnson to approve the agenda as is.

AYE:
Commissioner Rufus Alexander, Commissioner Thomas Perona, Commissioner Jeremiah Johnson, Commissioner Reginald Sessions, Mayor Linda Hudson

Passed

 
10.
CONSENT AGENDA
 
a.
Approval of Grant Award for Nidal Farhoud for his business, Elite Groceries, in the amount of $3,000 as an eligible recipient under the 2015-2016 CDBG Action Plan.
 
 
b.
Approve agreement with Hoyt C. Murphy to allow a mural to be painted at 415 Georgia Avenue. 
 
c.
Reduce code enforcement lien associated with 708 Grandview Boulevard, Ft. Pierce, FL, Parcel ID #2422-711-0008-000-1 previously owned by Rudaina Ibrahim, 708 Grandview Boulevard, Ft. Pierce, FL and currently owned by Qamar Wahaj, 233 SW Whitmore Drive, Port St. Lucie, FL 34984 in the amount of $22,330.00 ($30.00 recording fees) to $1,350.00 contingent upon payment of the reduced amount in 90 days.
 
d.
Approve award of the Melody Lane Parking Lot Reconstruction contract to the low bidder, Lynch Paving and Construction Company, Inc. in an amount equal to $213,657.60.
 
e.
Accept Bid No. 2016-033 for Chiller Replacement Sunrise Theatre to Gibson Air Conditioning & Refrigeration, LLC in the amount of $96,285.
 
f.
Renew advertising contract with FPIS, Inc. for Fort Pierce Authentic Tours program in the amount of $9,828.00.
 
Commissioner Alexander requested to pull item 10d.
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Reginald Sessions to approve items 10a, 10b, 10c, 10e and 10f.

AYE:
Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson

Passed

 
As to item 10d, Commissioner Alexander inquired into the expense of the project. Jack Andrews, City Engineer, stated that the joint project with the County which includes storm-water improvements and contributions from the County and a small amount coming from the general fund.
 

Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Thomas Perona to approve item 10d.

AYE:
Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson

Passed

 
11.
PUBLIC HEARINGS
 
a.
Review and approval of an application for a Waiver of Distance, submitted by Property Owner, Nael Shreiteh, Applicant, Amar Shreiteh to establish a 2APS alcoholic beverage license for their Save More Meat & Grocery convenience store at 2010 Avenue D, Fort Pierce, FL. The property is zoned General Commercial Zone (C-3), (Parcel ID  2409-602-0214-000-2)

Vennis Gilmore, Planner, gave a brief presentation and was available for questions.

Mayor Hudson opened the public hearing.
Seeing no one, Mayor Hudson closed the public hearing.

Commission discussion included wanting businesses to thrive in Fort Pierce, adding more businesses of this sort to the Avenue D area and the distance the business is away from churches. Commissioner Sessions stated that he has received calls about the activity in the area.
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Reginald Sessions to approve item 11a with the following staff conditions:

1) The applicant completes landscape improvements along the southern and western property line to bring the site landscaping into compliance with City Code Section 22-187;
2) The applicant removes the unused drop curb and driveway apron located within the 21st Street Right – of – Way and install a new Type “F” curb and gutter along with Bahia sod at the same location. Per City Code Section 22-61(b)(2)a. – All driveways shall conform to the minimum distance requirements; and
3) The applicant provides a site lighting assessment, and upgrade the lighting if necessary, to ensure the site lighting meets the minimum average of two (2) foot-candles, as required by City Code Section 22-60 (j), prior to release of the alcohol license.

AYE:
Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson

Passed

 
b.
Review and approval of an application for Conditional Use with New Construction, submitted by Property Owner, Southwinds Fourteen Point LLC, applicant, Fort Pierce Utility Authority (FPUA), and representative, James Carnes, PE, Environmental Engineer, are requesting approval of a Conditional Use with New Construction to relocate lift station #23, through the installation of a new unit, at Atlantic Ave & S 30th St in Fort Pierce, Florida. The property is zoned Single Family Moderate Density (R-3). The Parcel ID is 2408-802-0012-000-7.

Kori Benton, Senior Planner, gave a brief presentation and was available for questions.

Mayor Hudson opened the public hearing.

Drew Carnegie inquired about native species hedges.
James Carnes, P.E., FPUA Water/Waste Water Engineer, is open to discuss landscaping concerns.

Seeing no one else, Mayor Hudson closed the public hearing.

Commissioner Johnson inquired about the lift station servicing capabilities.
 

Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Reginald Sessions to approve item 11b with the condition that FPUA work with Staff to find native species for the hedge.

AYE:
Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson

Passed

 
12.
MISCELLANEOUS REPORTS & REQUESTS - There were no miscellaneous reports or requests.
 
13.
CITY COMMISSION
 
a.
Resolution 16-R51 establishing the Budget Review Committee

Linda Cox, City Clerk, read the Resolution, by title only, into the record.

A RESOLUTION BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, ESTABLISHING THE BUDGET REVIEW COMMITTEE; RESPONSIBILITIES OF THE COMMITTEE, ELECTION OF PRESIDING OFFICER, MEETINGS, AND QUORUM; AND PROVIDING FOR AN EFFECTIVE DATE.

Commissioner Perona inquired about extending the eligibility to businesses within the City limits.
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Reginald Sessions to approve item 13a with a change to the requirement of living within the City limits to also include anyone with a business in the City limits and have a Business Tax Receipt.

AYE:
Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson

Passed

 
b.
Resolution 16-R54 Authorizing the sale of Mohawk Avenue to William and Terrie Selph.

Linda Cox, City Clerk, read the Resolution, by title only, into the record.

A RESOLUTION OF THE CITY OF FORT PIERCE, FLORIDA AUTHORIZING THE SALE OF REAL PROPERTY NOT NEEDED FOR A PUBLIC PURPOSE, KNOWN AS APPROXIMATELY MOHAWK AVENUE, OWNED BY THE CITY OF FORT PIERCE, FL TO WILLIAM R. SELPH, JR. AND TERRIE H. SELPH FOR THE PRICE OF $3,500 AS OUTLINED IN A COMMERCIAL CONTRACT (EXHIBIT A); DIRECTING THAT SUCH SALE CONFORMS WITH THE CITY CHARTER; AND PROVIDING FOR AN EFFECTIVE DATE.

Commissioner Alexander inquired about the dimensions of the property.
 

Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Reginald Sessions to approve item 13b.

AYE:
Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson

Passed

 
c.
Resolution 16-R55 Appointing/Reappointing members to the Historic Preservation Board following a vote.

Commissioner Alexander voted for Charlie Hayek and Rebecca Isaac.
Commissioner Johnson voted for Charlie Hayek and Holly Theuns.
Commissioner Perona voted for Charlie Hayek and Holly Theuns.
Commissioner Sessions voted for Ann Roccon and Holly Theuns.
Mayor Hudson voted for Holly Theuns and Charlie Hayek.

Linda Cox, City Clerk, the resolution, by title only,  into the record.

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, CERTIFYING THE APPOINTMENT OR REAPPOINTMENT OF MEMBERS TO THE HISTORIC PRESERVATION BOARD; PROVIDING FOR AN EFFECTIVE DATE.

Charlie Hayek and Holly Theuns will be re-appointed based on vote.
 

Motion was made by Commissioner Reginald Sessions, seconded by Commissioner Jeremiah Johnson to approve item 13c.

AYE:
Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson

Passed

 
d.
Resolution 16-R56 granting a Perpetual Easement at the southeast corner of Avenue A (Marina Way) and US Highway 1 to the Florida Department of Transportation.

Linda Cox, City Clerk, read the Resolution, by title only, into the record, as follows.

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, AUTHORIZING EXECUTION OF A PERPETUAL EASEMENT BETWEEN THE CITY OF FORT PIERCE AND THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR 819 SQ. FT. OF LAND AT THE SOUTH EAST CORNER OF U.S. HWY 1 AND AVENUE A, AND AUTHORIZING THE MAYOR, CITY CLERK, AND CITY ATTORNEY TO EXECUTE SAID EASEMENT ON PART OF THE CITY; PROVIDING FOR AN EFFECTIVE DATE.

Jack Andrews, City Engineer, gave a brief presentation and was available for questions.
 

Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Rufus Alexander to approve item 13d.

AYE:
Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson

Passed

 
e.
Discussion at the request of Commissioner Alexander regarding annexations in Paradise Park and Sheraton Plaza.

Commissioner Alexander wanted to discuss and clarify the concern of citizens from Paradise Park regarding paying for their street lights.

Rebecca Grohall, Planning Manager, stated that she has been looking into long range strategies, in conjunction with the County, they can look at annexing all properties in Sheraton Plaza and Paradise Park and entire NW section. One option is an Interlocal Service Boundary Agreement (ISBA) which draws the boundaries on paper, addressing services including street lighting and storm water. The other option is an enclave annexation which would help pick up unincorporated areas that are currently surrounded by the City. 

Commission discussion included adding the residents to our tax base. Clay Lindstrom, FPUA Director, stated that FPUA does not own any street lights and they are not built by FPUA. He clarified the difference between surcharges charged to county residents and the tax imposed by the City to its residents. Further Commission discussion included how to help make the annexation happen, adding residents without being able to service the areas and having the figures of the tax base to review before making a decision. After collaboration with the County, this will be brought back before the Commission in March or April.
 
f.
Submittal of applications to fill the unexpired term of a Commission appointee on the Police Officers' Retirement Trust Fund Board. - At the next meeting, there will be a vote for appointment.
 
14.
COMMENTS FROM THE PUBLIC

Sophia Watkins
Bishop William Adderly
Linda Jones
LarryTaylor
Randle Hope
Beverly Taylor
Mary Willis
William Bradley
Rick Reed
Jerome Rhyant
Michael McLeod
Jose Iianis
Earline Bernard
Victoria Hinson
Gus Gutierrez
Pastor Andrew Jefferson
Ruth Jefferson
Kathy Balsalinco
 
15.
COMMENTS FROM THE CITY MANAGER
 
a.
City Manager's Report

Nicholas Mimms, City Manager, addressed the Rock Church concerns and gave next steps. Commission discussion included making a temporary solution until the City makes changes to parking ordinance for Orange Avenue corridor. In order to take official action, the topic will need to be noticed and on an agenda. Consensus was to have viable options brought back before the Commission for consideration.
 
16.
COMMENTS FROM THE COMMISSION

Commissioner Alexander inquired about the wastewater treatment reverters.

Commissioner Perona talked about the Sights and Sounds parade and commended the Public Works department.

Commissioner Sessions mentioned the holiday decorations on Avenue D.

Commissioner Johnson announced Legit Cuts Toy Drive on Saturday, December 10. He would like to discuss the methods of appointing board members.

Mayor Hudson discussed finding the balance between appointing new members and re-appointing members.
 
17.
ADJOURNMENT - There being no further business, Mayor Hudson declared the meeting adjourned at 9:37 p.m.
ATTEST:

____________________________ _________________________________
CITY CLERK
MAYOR COMMISSIONER