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, APRIL 3, 2017.
1.
CALL TO ORDER - Mayor Hudson called the meeting to order at 6:30 p.m.
2.
OPENING PRAYER - Pastor Craig Cramer, Westside 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
- Absent:
- Commissioner Reginald Sessions
- Staff Present:
-
- City Clerk Linda Cox
- City Manager Nicholas Mimms
- City Attorney James Messer
Commissioner Sessions arrived at 6:33 p.m.
5.
APPROVAL OF MINUTES
a.
Approval of minutes from the March 20, 2017 regular meeting.
Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Thomas Perona to approve minutes from the March 20, 2017 regular meeting.
- AYE:
- Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
- Other:
- Commissioner Reginald Sessions (ABSENT)
Passed
6.
PROCLAMATIONS
a.
Mayor Hudson issued a proclamation declaring April 2017 as Guardian ad Litem Month.
b.
Mayor Hudson issued a proclamation declaring April 10, 2017 as Gopher Tortoise Day.
c.
Mayor Hudson issued a proclamation declaring April 2017 as Earth Month.
d.
Mayor Hudson issued a proclamation declaring April 2017 as Water Conservation Month.
7.
LETTERS TO COMMISSION - Copies of the following letters will be kept on file at the City Clerk's office.
a.
Email from Douglas Baber, Human Resources Manager, St. Lucie County, expressing his appreciation of the assistance provided by Mike Reals, Public Works Manager at Rotary Park for St. Lucie County's annual employee picnic.
b.
Letter from Jeremiah K. Johnson thanking Mike Reals, Director of Public Works, and his department for their assistance and efforts that contributed to the success of the Pistia cleanup at Moore's Creek on February 11, 2017.
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 Reginald Sessions to approve the agenda as is.
- AYE:
- Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson
Passed
10.
CONSENT AGENDA
a.
Request from the Roundtable of St. Lucie County for $12,000 for the funding of the Kids at Hope Mentorship Program & Preventing Crime in the Black Community National Conference Proposal.
b.
Approval of Alarm Ordinance Management and Mutual Cooperation Agreement with the Public Safety Corporation.
c.
Approve grant award for Willie Lewis, III, owner of Vandal Athletic Gear, in the amount of $3,000 as an eligible recipient under the 2016-2017 CDBG Grant Award for Small Business.
d.
Waive interest, penalties, and administrative fees in the amount of $196.60 associated with lot clearing redevelopment lien against 438 N 11th Street, Fort Pierce, FL, Parcel ID Number 2409-501-0180-000-4 previously owned by Clifford Livingston, Palmetto, FL 34221, currently owned by Tax Lien Strategies LP, 940 Centre Circle, Suite 2005, Altamonte Springs, FL 32714 contingent upon payment of $53.00.
e.
Waive interest, penalties, and administrative fees in the amount of $5,787.58 associated with lot clearing lien against 438 N 11th Street, Fort Pierce, FL, Parcel ID Number 2409-501-0180-000-4 previously owned by Clifford Livingston, Palmetto, FL 34221, currently owned by Tax Lien Strategies LP, 940 Centre Circle, Suite 2005, Altamonte Springs, FL 32714 contingent upon payment of $1,109.92.
f.
Approval of travel expenses in the amount of $683.39 for Mayor Linda Hudson to attend the National Conference on Preventing Crime in the Black Community on May 31 - June 2, 2017 in Orlando, Florida.
g.
Approval of travel expenses in the amount of $683.39 for Commissioner Sessions to attend the National Conference on Preventing Crime in the Black Community on May 31 - June 2, 2017 in Orlando, Florida.
h.
Approval of travel expenses in the amount of $683.39 for Commissioner Alexander to attend the National Conference on Preventing Crime in the Black Community on May 31 - June 2, 2017 in Orlando, Florida.
i.
Approval to spend $16,081.18 to replace engine wiring harness and chassis wiring harness due to fire damage on Solid Waste Front Loader Vehicle #24-018.
j.
Approval of Interlocal Agreement Between the City of Fort Pierce and St. Lucie County Building Departments to Share Certified Building Inspectors.
k.
Approval of a two (2) year extension of a Site Plan and Conditional Use Approval, with conditions, for Indian River Villas located at 401 & 411 South Indian River Drive until April 2, 2019.
Commissioner Perona requested to pull item 10k.
Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Jeremiah Johnson to approve items 10a, 10b, 10c, 10d, 10e, 10f, 10g, 10h, 10i and 10j.
- AYE:
- Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson
Passed
As to item 10k, Commissioner Perona stated that the Code of Ordinances states that there must be a good cause for the extension. He feels the request did not provide good cause. Rebecca Grohall, Planning Manager, said that the applicant is working with the FDEP permits are in process, which is the first arm of their project; many of the processes are intertwined.
Rick Reed, applicant representative, advised that they are working with the Army Corps of Engineers and FDEP to get proper permitting. He would like to get the project going as soon as possible. The two year request comes from Staff recommendation because of the scope of work.
Rick Reed, applicant representative, advised that they are working with the Army Corps of Engineers and FDEP to get proper permitting. He would like to get the project going as soon as possible. The two year request comes from Staff recommendation because of the scope of work.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Rufus Alexander to approve item 10k.
- AYE:
- Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson
Passed
11.
PUBLIC HEARINGS
a.
Quasi-Judicial Hearings
1.
Review and Approval of an application for Site Plan & Design Review, submitted by property owners, NNN/1031 #16 Jenkins LLC, and applicant, Kristen Ferretti of Corporate Property Services, to construct a new 4,989 sq. ft. Chick-fil-a restaurant with drive-thru service at 5560 Okeechobee Road, Fort Pierce, FL. The properties are zoned General Commercial, C-3 zone. (Parcel IDs: 2419-603-0002-000-7 & 2419-603-0005-000-8.)
Kori Benton, Senior Planner, gave a brief presentation and was available for questions.
Mayor Hudson opened the public hearing.
Bill Fetworth, applicant representative, was available for questions. Commissioner Johnson inquired about dumpster access. Mr. Fetworth stated that Chik-fil-a corporate prefers the dumpsters away from the drive thru and outdoor eating area.
Seeing no one else, Mayor Hudson closed the public hearing.
Kori Benton, Senior Planner, gave a brief presentation and was available for questions.
Mayor Hudson opened the public hearing.
Bill Fetworth, applicant representative, was available for questions. Commissioner Johnson inquired about dumpster access. Mr. Fetworth stated that Chik-fil-a corporate prefers the dumpsters away from the drive thru and outdoor eating area.
Seeing no one else, Mayor Hudson closed the public hearing.
Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Jeremiah Johnson to approve item 11a1.
- AYE:
- Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson
Passed
2.
Review and approval of an application for a Conditional Use with No New Construction, submitted by Property Owners and Applicants; Robert & Deborah Sacks to operate a Dwelling Rental, offering lodging for less than six (6) months with a minimum rental period of one (1) week, at 655 Hernando Street, Fort Pierce, FL. The property is zoned R-4A, Hutchinson Island Medium Residential Zone (Parcel ID 2401-503-0026-020-5).
Vennis Gilmore, Planning Analyst, gave a brief presentation and was available for questions. The applicant has changed the length of stay for her vacation rental from less than 30 days to less than six (6) months. Commission discussion included the change in application status and reasons for Planning Board denial.
Mayor Hudson opened the public hearing.
Robin Debarry, applicant representative, spoke in support.
Jim Flynn mentioned his concerns.
Seeing no one else, Mayor Hudson closed the public hearing.
Jim Messer, City Attorney, stated that State law preempts a municipalities' authority to regulate the duration and/or frequency of stay, however, a municipality can impose certain requirements that relate to occupancy, parking, licensing and advertisement.
Further Commission discussion included the Commission's ability to take away the approval if conditions of approval are violated, the definition of a property manager and sending the application back to the Planning Board with the updated information.
Vennis Gilmore, Planning Analyst, gave a brief presentation and was available for questions. The applicant has changed the length of stay for her vacation rental from less than 30 days to less than six (6) months. Commission discussion included the change in application status and reasons for Planning Board denial.
Mayor Hudson opened the public hearing.
Robin Debarry, applicant representative, spoke in support.
Jim Flynn mentioned his concerns.
Seeing no one else, Mayor Hudson closed the public hearing.
Jim Messer, City Attorney, stated that State law preempts a municipalities' authority to regulate the duration and/or frequency of stay, however, a municipality can impose certain requirements that relate to occupancy, parking, licensing and advertisement.
Further Commission discussion included the Commission's ability to take away the approval if conditions of approval are violated, the definition of a property manager and sending the application back to the Planning Board with the updated information.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Jeremiah Johnson to send the application back to the Planning Board requesting reasons for approval or denial and tasking Staff to define property manager in a manner consistent with previous Commission discussion.
- AYE:
- Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson
- NAY:
- Commissioner Rufus Alexander
Passed
3.
Review and approval of an application for a Conditional Use with No New Construction, submitted by the Applicant; Joanne Albarelli to operate a Dwelling Rental, offering lodging for less than six (6) months with a minimum rental period of one (1) week, at 408 S. Ocean Drive, Unit B, Fort Pierce, FL. The property is zoned R-4A, Hutchinson Island Medium Residential Zone (Parcel ID 2401-502-0004-020-2).
Vennis Gilmore, Planning Analyst, gave a brief presentation and was available for questions.
Commission discussion included ADA accessibility and having the City Attorney's office advise the Planning Board to review applications using the same considerations as the City Commission.
Mayor Hudson opened the public hearing.
Joanne Abarelli, applicant representative, read a letter from the property owner.
Commissioner Perona inquired about HOA prohibitions to vacation rentals and requests staff research the ADA compliance in question.
Seeing no one else, Mayor Hudson closed the public hearing.
Vennis Gilmore, Planning Analyst, gave a brief presentation and was available for questions.
Commission discussion included ADA accessibility and having the City Attorney's office advise the Planning Board to review applications using the same considerations as the City Commission.
Mayor Hudson opened the public hearing.
Joanne Abarelli, applicant representative, read a letter from the property owner.
Commissioner Perona inquired about HOA prohibitions to vacation rentals and requests staff research the ADA compliance in question.
Seeing no one else, Mayor Hudson closed the public hearing.
Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Reginald Sessions to approve item 11a3 with the following staff conditions:
1) The applicant identifies the maximum occupancy of the unit, ensuring compliance with City Code Section 8.5-43. - Required space in dwelling units, based upon the size of each unit;
2) Registration of the property manager accessible at all times, to resolve complaints or violations of City Code;
3) Issuance of guide booklets for renters regarding local rules and public service resources to minimize conflicts;
4) Installation of one (1) handicap space per City Code Section 22-60 Off-Street Parking and Loading;
5) The applicant files for and obtains State of Florida, St. Lucie County & City of Fort Pierce Business Tax Licenses within fourteen (14) days of Conditional Use approval.
- AYE:
- Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson
Passed
4.
Application submitted by Sweetie’s Diner, LLC is requesting to secure a 2COP – Beer and Wine License to offer sale of alcohol, at 2625 S. US Highway 1, Fort Pierce, Florida; for consumption on premises. The sale or distribution of alcoholic beverages for consumption on premises requires a variance from Sec. 3-7 and Sec. 3-14 to operate within 1,600 feet of a church, school or other licensed establishments. The property is zoned C-3, General Commercial Zone (Parcel ID 2422-602-0249-000-7).
Vennis Gilmore, Planning Analyst, gave a brief presentation and was available for questions.
Mayor Hudson opened the public hearing.
Seeing no one, Mayor Hudson closed the public hearing.
Commissioner Perona inquired if the 1600 feet was the norm and inquired the setbacks will cause more problems in the future.
Vennis Gilmore, Planning Analyst, gave a brief presentation and was available for questions.
Mayor Hudson opened the public hearing.
Seeing no one, Mayor Hudson closed the public hearing.
Commissioner Perona inquired if the 1600 feet was the norm and inquired the setbacks will cause more problems in the future.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Reginald Sessions to approve item 11a4.
- AYE:
- Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson
Passed
5.
Ordinance 17-011 Amending the Zoning Atlas of the City of Fort Pierce to rezone property located at 900 Avenue O from General Recreational Open Space (OS-1) to General Commercial Zone (C-3) FIRST READING
Linda Cox, City Clerk, read the Ordinance, by title only, into the record as follows.
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; REZONING PROPERTY LOCATED GENERALLY AT 900 AVENUE O FROM GENERAL AND RECREATIONAL OPEN SPACE ZONE, OS- 1, TO GENERAL COMMERCIAL ZONE, C-3; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Kori Benton, Senior Planner, gave a brief presentation and was available for questions.
Commissioner Alexander mentioned traffic concerns and safety of the residents in the area and does not want any apartments on that land.
Mayor Hudson opened the public hearing.
Amanda Martinez, applicant representative, spoke in support and addressed concerns.
Linda Rowe opposes without a traffic light.
Brenda Robinson spoke in opposition.
Delores Johnson spoke in support.
Amanda Martinez, applicant representative, addressed traffic light concerns.
Brenda Robinson spoke about traffic light concerns.
Seeing no one else, Mayor Hudson closed the public hearing.
Commission discussion included improving the blight in the area, this type of growth being apart of the Strategic Plan, and how FDOT's current redesign projects may impact the traffic concern.
Linda Cox, City Clerk, read the Ordinance, by title only, into the record as follows.
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; REZONING PROPERTY LOCATED GENERALLY AT 900 AVENUE O FROM GENERAL AND RECREATIONAL OPEN SPACE ZONE, OS- 1, TO GENERAL COMMERCIAL ZONE, C-3; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Kori Benton, Senior Planner, gave a brief presentation and was available for questions.
Commissioner Alexander mentioned traffic concerns and safety of the residents in the area and does not want any apartments on that land.
Mayor Hudson opened the public hearing.
Amanda Martinez, applicant representative, spoke in support and addressed concerns.
Linda Rowe opposes without a traffic light.
Brenda Robinson spoke in opposition.
Delores Johnson spoke in support.
Amanda Martinez, applicant representative, addressed traffic light concerns.
Brenda Robinson spoke about traffic light concerns.
Seeing no one else, Mayor Hudson closed the public hearing.
Commission discussion included improving the blight in the area, this type of growth being apart of the Strategic Plan, and how FDOT's current redesign projects may impact the traffic concern.
Motion was made by Commissioner Reginald Sessions, seconded by Commissioner Jeremiah Johnson to approve item 11a5.
- AYE:
- Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson
Passed
6.
Ordinance 17-013 Amending the Zoning Atlas of the City of Fort Pierce to rezone property located at 1000 - 1190 Avenue O from Single-family Moderate Density (R-3) to General Commercial (C-3) & Neighborhood Commercial (C-2) FIRST READING
Linda Cox, City Clerk, read the Ordinance, by title only, into the record as follows.
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; REZONING PROPERTY LOCATED GENERALLY BETWEEN 1000 AND 1190 AVENUE O FROM SINGLE FAMILY MODERATE DENSITY RESIDENTIAL ZONE, R-3, TO GENERAL COMMERCIAL ZONE, C-3 AND NEIGHBORHOOD COMMERCIAL ZONE, C- 2; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Kori Benton, Senior Planner, gave a brief statement and was available for questions.
Mayor Hudson opened the public hearing.
Seeing no one, Mayor Hudson closed the public hearing.
Linda Cox, City Clerk, read the Ordinance, by title only, into the record as follows.
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; REZONING PROPERTY LOCATED GENERALLY BETWEEN 1000 AND 1190 AVENUE O FROM SINGLE FAMILY MODERATE DENSITY RESIDENTIAL ZONE, R-3, TO GENERAL COMMERCIAL ZONE, C-3 AND NEIGHBORHOOD COMMERCIAL ZONE, C- 2; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Kori Benton, Senior Planner, gave a brief statement and was available for questions.
Mayor Hudson opened the public hearing.
Seeing no one, Mayor Hudson closed the public hearing.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Reginald Sessions to approve item 11a6.
- AYE:
- Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson
Passed
b.
Legislative Hearings
1.
Ordinance No. 17-009 - Final Budget Amendment of the General Fund 2015-2016 Budget. SECOND READING
Linda Cox, City Clerk, read the Ordinance, by title only, into the record as follows.
AN ORDINANCE AMENDING THE 2015-16 BUDGET OF THE CITY OF FORT PIERCE, FLORIDA BY INSERTING THEREIN A SCHEDULE ATTACHED HERETO AND DESIGNED AS THE 2015-16 FINAL BUDGET AMENDMENT. THE SAID SCHEDULE PROVIDES FOR THE INCREASES AND/OR DECREASES IN REVENUES AND APPROPRIATIONS IN THE GENERAL FUND, AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Hudson opened the public hearing.
Seeing no one, Mayor Hudson closed the public hearing.
Linda Cox, City Clerk, read the Ordinance, by title only, into the record as follows.
AN ORDINANCE AMENDING THE 2015-16 BUDGET OF THE CITY OF FORT PIERCE, FLORIDA BY INSERTING THEREIN A SCHEDULE ATTACHED HERETO AND DESIGNED AS THE 2015-16 FINAL BUDGET AMENDMENT. THE SAID SCHEDULE PROVIDES FOR THE INCREASES AND/OR DECREASES IN REVENUES AND APPROPRIATIONS IN THE GENERAL FUND, AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Hudson opened the public hearing.
Seeing no one, Mayor Hudson closed the public hearing.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Rufus Alexander to approve item 11b1.
- AYE:
- Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson
Passed
2.
Ordinance 17-010 Amending the Future Land Use Map of the Comprehensive Plan to change the designation of property located at 900 Avenue O from COS, Conservation Open Space to GC, General Commercial. FIRST READING
Linda Cox, City Clerk, read the Ordinance, by title only, into the record as follows.
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN TO CHANGE THE DESIGNATION OF PROPERTY LOCATED GENERALLY AT 900 AVENUE O FROM COS, CONSERVATION OPEN SPACE TO GC, GENERAL COMMERCIAL; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Hudson opened the public hearing.
Seeing no one, Mayor Hudson closed the public hearing.
Linda Cox, City Clerk, read the Ordinance, by title only, into the record as follows.
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN TO CHANGE THE DESIGNATION OF PROPERTY LOCATED GENERALLY AT 900 AVENUE O FROM COS, CONSERVATION OPEN SPACE TO GC, GENERAL COMMERCIAL; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Hudson opened the public hearing.
Seeing no one, Mayor Hudson closed the public hearing.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Rufus Alexander to approve item 11b2.
- AYE:
- Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson
Passed
3.
Ordinance 17-012 Amending the Future Land Use Map of the Comprehensive Plan to change the designation of property located between 1000 - 1190 Avenue O from Low Density Residential (RL) to General Commercial (GC) & Neighborhood Commercial (NC) . FIRST READING
Linda Cox, City Clerk, read the Ordinance, by title only, into the record as follows.
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN TO CHANGE THE DESIGNATION OF PROPERTY LOCATED GENERALLY BETWEEN 1000 AND 1190 AVENUE O FROM RL, LOW DENSITY RESIDENTIAL, TO GC, GENERAL COMMERCIAL; AND NC, NEIGHBORHOOD COMMERCIAL; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Hudson opened the public hearing.
Seeing no one, Mayor Hudson closed the public hearing.
Linda Cox, City Clerk, read the Ordinance, by title only, into the record as follows.
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN TO CHANGE THE DESIGNATION OF PROPERTY LOCATED GENERALLY BETWEEN 1000 AND 1190 AVENUE O FROM RL, LOW DENSITY RESIDENTIAL, TO GC, GENERAL COMMERCIAL; AND NC, NEIGHBORHOOD COMMERCIAL; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Hudson opened the public hearing.
Seeing no one, Mayor Hudson closed the public hearing.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Rufus Alexander to approve item 11b3.
- AYE:
- Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson
Passed
4.
Ordinance 17-014: Abandoning an unopened segment of North Tenth Street right-of-way, between Avenue M & O upon payment of appraised value in the amount of $3,144. FIRST READING
Linda Cox, City Clerk, read the Ordinance, by title only, into the record as follows.
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, ABANDONING A PORTION OF NORTH TENTH STREET RIGHT-OF-WAY, LYING SOUTH OF AVENUE O WITHIN THE CITY OF FORT PIERCE, FLORIDA; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Kori Benton, Senior Planner, gave a brief presentation and was available for questions.
Commission discussion included connectivity, expansion of sidewalks and shortcuts.
Mayor Hudson opened the public hearing.
Amanda Martinez, applicant representative, spoke in support and addressed right-of-way concerns.
Linda Rowe inquired about abandonment and spoke in opposition.
Mike O'Leary, applicant, spoke about responsible growth for the community.
Seeing no one else, Mayor Hudson closed the public hearing.
Linda Cox, City Clerk, read the Ordinance, by title only, into the record as follows.
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, ABANDONING A PORTION OF NORTH TENTH STREET RIGHT-OF-WAY, LYING SOUTH OF AVENUE O WITHIN THE CITY OF FORT PIERCE, FLORIDA; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Kori Benton, Senior Planner, gave a brief presentation and was available for questions.
Commission discussion included connectivity, expansion of sidewalks and shortcuts.
Mayor Hudson opened the public hearing.
Amanda Martinez, applicant representative, spoke in support and addressed right-of-way concerns.
Linda Rowe inquired about abandonment and spoke in opposition.
Mike O'Leary, applicant, spoke about responsible growth for the community.
Seeing no one else, Mayor Hudson closed the public hearing.
Motion was made by Commissioner Reginald Sessions, seconded by Commissioner Thomas Perona to approve item 11b4.
- AYE:
- Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson
Passed
5.
Ordinance 17-015 Eliminating Participation by Uncertified Alternate Board Members. FIRST READING
Linda Cox, City Clerk, read the Ordinance, by title only, into the record as follows.
AN ORDINANCE AMENDING FORT PIERCE CODE OF ORDINANCES CHAPTER 2, ARTICLE XI, SECTION 2-201(a); ELIMINATING PARTICIPATION OF UNCERTIFIED ALTERNATE MEMBERS IN DISCUSSIONS OR DELIBERATIONS OF BOARDS, COMMISSIONS OR COMMITTEES; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
Mayor Hudson opened the public hearing.
Seeing no one else, Mayor Hudson closed the public hearing.
Linda Cox, City Clerk, read the Ordinance, by title only, into the record as follows.
AN ORDINANCE AMENDING FORT PIERCE CODE OF ORDINANCES CHAPTER 2, ARTICLE XI, SECTION 2-201(a); ELIMINATING PARTICIPATION OF UNCERTIFIED ALTERNATE MEMBERS IN DISCUSSIONS OR DELIBERATIONS OF BOARDS, COMMISSIONS OR COMMITTEES; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
Mayor Hudson opened the public hearing.
Seeing no one else, Mayor Hudson closed the public hearing.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Jeremiah Johnson to approve item 11b5.
- AYE:
- Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson
Passed
6.
Ordinance 17-016 Eliminating Compensation for Members of City Appointed Boards. FIRST READING
Linda Cox, City Clerk, read the Ordinance, by title only, into the record as follows.
AN ORDINANCE REPEALING FORT PIERCE CODE OF ORDINANCES CHAPTER 2, ARTICLE XII, SECTION 2-225; CHAPTER 5, ARTICLE II, SECTION 5-19(e); AMENDING CHAPTER 2, ARTICLE XIII, SECTION 2-243(c); CHAPTER 22, ARTICLE X, SECTION 22-147(d); ELIMINATING COMPENSATION TO BOARD MEMBERS; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
Mayor Hudson opened the public hearing.
Bob Burdge spoke in opposition.
Al Bernetti spoke in support.
Seeing no one else, Mayor Hudson closed the public hearing.
Commission discussion included defining compensation versus a stipend, amending the Ordinance to include reimbursements and which boards currently receive compensation.
Linda Cox, City Clerk, read the Ordinance, by title only, into the record as follows.
AN ORDINANCE REPEALING FORT PIERCE CODE OF ORDINANCES CHAPTER 2, ARTICLE XII, SECTION 2-225; CHAPTER 5, ARTICLE II, SECTION 5-19(e); AMENDING CHAPTER 2, ARTICLE XIII, SECTION 2-243(c); CHAPTER 22, ARTICLE X, SECTION 22-147(d); ELIMINATING COMPENSATION TO BOARD MEMBERS; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
Mayor Hudson opened the public hearing.
Bob Burdge spoke in opposition.
Al Bernetti spoke in support.
Seeing no one else, Mayor Hudson closed the public hearing.
Commission discussion included defining compensation versus a stipend, amending the Ordinance to include reimbursements and which boards currently receive compensation.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to approve item 11b6 as submitted.
- AYE:
- Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
- NAY:
- Commissioner Reginald Sessions
Passed
7.
Ordinance 17-018 Amending Chapter 4 - Animals, creating a definition of Community Cats and providing to exemption. FIRST READING.
Linda Cox, City Clerk, read the Ordinance, by title only, into the record as follows.
AN ORDINANCE OF THE CITY OF FORT PIERCE, FLORIDA ADOPTING THE CODE OF ORDINANCES OF THE CITY OF FORT PIERCE, FLORIDA; AMENDING CHAPTER 4 – ANIMALS TO ALLOW FOR COMMUNITY CATS BY AMENDING SEC. 4-1 – DEFINITIONS; SEC. 4-22 – RESTRAINT OF ANIMALS, GENERALLY; SEC. 4-50 – REGISTRATION REQUIRED; SEC. 4-72 – IMPOUNDMENT AND DISPOSITION NOT UNDER RESTRAINT, AT LARGE, AND NUISANCE ANIMALS; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Peggy Arraiz, Code Compliance Manager, gave a brief update and was available for questions.
Mayor Hudson opened the public hearing.
John Parry spoke in support.
Seeing no one else, Mayor Hudson closed the public hearing.
Commissioner Johnson inquired about returning the animals to the location removed.
Linda Cox, City Clerk, read the Ordinance, by title only, into the record as follows.
AN ORDINANCE OF THE CITY OF FORT PIERCE, FLORIDA ADOPTING THE CODE OF ORDINANCES OF THE CITY OF FORT PIERCE, FLORIDA; AMENDING CHAPTER 4 – ANIMALS TO ALLOW FOR COMMUNITY CATS BY AMENDING SEC. 4-1 – DEFINITIONS; SEC. 4-22 – RESTRAINT OF ANIMALS, GENERALLY; SEC. 4-50 – REGISTRATION REQUIRED; SEC. 4-72 – IMPOUNDMENT AND DISPOSITION NOT UNDER RESTRAINT, AT LARGE, AND NUISANCE ANIMALS; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Peggy Arraiz, Code Compliance Manager, gave a brief update and was available for questions.
Mayor Hudson opened the public hearing.
John Parry spoke in support.
Seeing no one else, Mayor Hudson closed the public hearing.
Commissioner Johnson inquired about returning the animals to the location removed.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to approve item 11b7.
- AYE:
- Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson
Passed
12.
MISCELLANEOUS REPORTS & REQUESTS
a.
Update on the Energy Performance Savings Contract with ConEdison.
Jeff Wykoff and Steven Schwerman of ConEdison gave an update on the Energy Performance Contract highlighting energy calculations, issue resolution and methods to verify savings.
Jeff Wykoff and Steven Schwerman of ConEdison gave an update on the Energy Performance Contract highlighting energy calculations, issue resolution and methods to verify savings.
13.
CITY COMMISSION
a.
Consideration of the FPUA's FY 2016 Final Budget Amendment.
Clay Lindstrom, FPUA Director, and Nina Penick, Director of Financial Services, presented an overview of the FY2016 Final Budget Amendment.
Clay Lindstrom, FPUA Director, and Nina Penick, Director of Financial Services, presented an overview of the FY2016 Final Budget Amendment.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Jeremiah Johnson to waive the 30 day period and accept the budget amendment.
- AYE:
- Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson
Passed
b.
Consider acceptance of the FPUA Comprehensive Annual Financial Report (CAFR) for FY2016.
Nina Penick, Director of Financial Services, gave a brief presentation and requested the Commission accept the report.
Nina Penick, Director of Financial Services, gave a brief presentation and requested the Commission accept the report.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to accept the CAFR as submitted.
- AYE:
- Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson
Passed
c.
Resolution 17-R14 Supporting the Lake Okeechobee Regional Compact.
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, APPROVING THE CITY’S PARTICIPATION AS A PARTY TO THE LAKE OKEECHOBEE REGIONAL COMPACT AND THE COLLABORATION OF PARTIES IN DEVELOPING A LONG TERM REGIONAL ACTION PLAN DEDICATED TO SOLVING COMPLEX WATER MANAGEMENT ISSUES AND AS OTHERWISE AGREED UPON BY ALL PARTIES TO THE COMPACT; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Hudson stated that this Resolution requires no financial contribution to the City. It shows that we stand with our neighbors and that we want a solution to our water problem.
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, APPROVING THE CITY’S PARTICIPATION AS A PARTY TO THE LAKE OKEECHOBEE REGIONAL COMPACT AND THE COLLABORATION OF PARTIES IN DEVELOPING A LONG TERM REGIONAL ACTION PLAN DEDICATED TO SOLVING COMPLEX WATER MANAGEMENT ISSUES AND AS OTHERWISE AGREED UPON BY ALL PARTIES TO THE COMPACT; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Hudson stated that this Resolution requires no financial contribution to the City. It shows that we stand with our neighbors and that we want a solution to our water problem.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Rufus Alexander to approve item 13c.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
14.
COMMENTS FROM THE PUBLIC
Mario Wilcox
Mario Wilcox
15.
COMMENTS FROM THE CITY MANAGER and CITY ATTORNEY
a.
City Manager's Report
Nicholas Mimms, City Manager, stated that staff visited Fort Lauderdale to meet with FDOT to discuss lighting, Ohio Avenue realignment and pedestrian access, which could provide significant cost savings. The Florida Animal Grant has been submitted nd Keep Fort Pierce Beautiful was a great event with 197 volunteers that helped to beautify many areas throughout the City. Mr. Mimms provided the agenda items for the April 10 Conference Agenda and announced the April 18 Public Workshop on the Harbour Pointe RFP.
James Messer, City Attorney, spoke about the quasi-judicial hearings and provided an example from tonight's meeting and suggests granting conditional use for one year, requiring renewals, for the vacation rental hearings.
Nicholas Mimms, City Manager, stated that staff visited Fort Lauderdale to meet with FDOT to discuss lighting, Ohio Avenue realignment and pedestrian access, which could provide significant cost savings. The Florida Animal Grant has been submitted nd Keep Fort Pierce Beautiful was a great event with 197 volunteers that helped to beautify many areas throughout the City. Mr. Mimms provided the agenda items for the April 10 Conference Agenda and announced the April 18 Public Workshop on the Harbour Pointe RFP.
James Messer, City Attorney, spoke about the quasi-judicial hearings and provided an example from tonight's meeting and suggests granting conditional use for one year, requiring renewals, for the vacation rental hearings.
16.
COMMENTS FROM THE COMMISSION
Commissioner Perona stated that cleanup was fun and the Oyster Festival was fun, he is happy to see everyone taking advantage of our assets.
Commissioner Sessions enjoyed the Oyster Festival and volunteered shucking oysters. It is one of the biggest festivals we have that was well attended by surrounding cities.
Commissioner Johnson thanked the volunteers that came out to the Keep Fort Pierce Beautiful cleanup efforts. He requested an update on downtown parking enforcement efforts.
Commissioner Alexander regrets he is not off on weekends to attend events.
Mayor Hudson mentioned the new movie house at Sabal Palm, requested information on the Marina proceeds and thanked the Garden Club for their refreshments at Keep Fort Pierce Beautiful.
Commissioner Perona stated that cleanup was fun and the Oyster Festival was fun, he is happy to see everyone taking advantage of our assets.
Commissioner Sessions enjoyed the Oyster Festival and volunteered shucking oysters. It is one of the biggest festivals we have that was well attended by surrounding cities.
Commissioner Johnson thanked the volunteers that came out to the Keep Fort Pierce Beautiful cleanup efforts. He requested an update on downtown parking enforcement efforts.
Commissioner Alexander regrets he is not off on weekends to attend events.
Mayor Hudson mentioned the new movie house at Sabal Palm, requested information on the Marina proceeds and thanked the Garden Club for their refreshments at Keep Fort Pierce Beautiful.
17.
ADJOURNMENT - There being no further business, Mayor Hudson declared the meeting adjourned at 10:50 p.m.
ATTEST:
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CITY CLERK
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MAYOR COMMISSIONER
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