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 17, 2017.
1.
CALL TO ORDER - Mayor Hudson called the meeting to order at 6:30 p.m.
2.
OPENING PRAYER - Reverend George Welch, White City United Methodist 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 April 3, 2017 regular meeting.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Rufus Alexander to approve the minutes from the April 3, 2017 regular meeting.
- AYE:
- Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson
Passed
6.
PROCLAMATIONS - There were no proclamations.
7.
LETTERS TO COMMISSION - Copies of the following letters will be kept on file at the City Clerk's office.
a.
Email from Rod Robertson expressing his appreciation of the coordination and cooperation of City departments for the success of the Farmer's Market, free Seafood Festival and free Sunday music event all hosted downtown on the same weekend.
b.
ActiveCaptain 5 star review of the City Marina's excellent customer service and convenient location within walking distance of the Sunrise Theatre, great food and Farmer's Market.
c.
Email from Scott Franzen in appreciation of the caring, compassion and professionalism of the staff at the City Marina during the reservation process of his towed boat.
8.
COMMENTS FROM THE PUBLIC ON AGENDA ITEMS NOT REQUIRING PUBLIC HEARINGS
Hampton Jackson - item 13b
Hampton Jackson - item 13b
9.
ADDITIONS OR DELETIONS TO AGENDA AND APPROVAL OF AGENDA
Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Jeremiah Johnson 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.
Approve grant award for Michael Lewis, owner of Just You Custom Designs in the amount of $3,000 as an eligible recipient under the 2016-2017 CDBG Grant Award for Small Business.
b.
Approve the purchase of one (1) Power Edge R730 Server from Dell Computers, Rock Round, TX, piggyback State Contract #WN08AGW, Agreement #43211500-WSCA-15-ACS, in the amount not to exceed $29,629.31.
c.
Approve the purchase of one (1) Exchange Server (Power Edge R730) and one hundred and forty-seven (147) licenses from Dell Computers, Round Rock, TX, piggyback State Contract #WN08AGW, Agreement #43211500-WSCA-15-ACS, in the amount not to exceed $18,462.79.
d.
Approve the purchase of two (2) Managed Switches ($6,755.00) and three (3) Storage Area Network Servers ($8,055.00), piggyback U.S. Communities IT Products & Service Contract #4400006644 from Insight Public Sector, Tempe, AZ, in the amount not to exceed $14,810.00.
e.
Request approval to piggyback Charlotte County Bid No. 2015000418 to lease twenty (20) patrol vehicles; thirteen (13) Ford Interceptor Sport Utility Vehicles for Patrol Officers, four (4) Ford Interceptor Sport Utility Vehicles for Patrol Supervisors, three (3) Ford Interceptor Sport Utility Vehicles for Crime Prevention from Bartow Ford, Bartow, FL, in the amount not to exceed $723,765.50.
f.
Approve the following contributions: $1,000 to the 31st National Conference on Preventing Crime in the Black Community through the Derrick Brooks Foundation, $1,000 to the In the Image of Christ, Incorporated, $1,000 to the National Organization of Parents of Murdered Children Incorporated, $500 to the Roundtable of St. Lucie County, $1,000 to Creating Tomorrow's Leaders, $2,500 to the Boys & Girls Clubs of St. Lucie County, and $10,000 to the Fort Pierce Athletic League ($5,000 for the Ball and $5,000 for Dancing with Pal) from the Law Enforcement Trust Fund.
g.
Request permission to submit and accept grant application for N 17th Street Improvements Orange Ave to Avenue D (Drainage Improvements) from Federal Emergency Management Agency (FEMA Region IV) Hazard Mitigation Grant Program (HMGP) funds as a result of the recent Presidential Disaster Declaration for Hurricane Hermine (FEMA-4280-DR-FL).
h.
Approval of Specific Authorization No. 1 Permitting Services to Tetra Tech of Stuart FL. in the amount of $16,411.00.
i.
Approval of an Interlocal Agreement between the City of Fort Pierce and St. Lucie County for the lease of office space in the Fort Pierce Parking Garage for the utilization of the Guardian ad Litem Program.
j.
Approve Subordination of City Utility Interest Agreements between the City of Fort Pierce and Florida Department of Transportation needed for the Kings Highway Road Widening Project.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Rufus Alexander to approve all items on the consent agenda.
- 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.
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) SECOND 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.
Mayor Hudson opened the public hearing.
Amanda Martinez, applicant representative, gave an update on the progress for obtaining a light at the intersection.
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; 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.
Mayor Hudson opened the public hearing.
Amanda Martinez, applicant representative, gave an update on the progress for obtaining a light at the intersection.
Seeing no one else, Mayor Hudson closed the public hearing.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Rufus Alexander to approve item 11A1.
- AYE:
- Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson
Passed
2.
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) SECOND 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.
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.
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 11A2.
- AYE:
- Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson
Passed
B.
Legislative Hearings
1.
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. SECOND 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 Reginald Sessions to approve item 11B1.
- AYE:
- Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson
Passed
2.
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) . SECOND READING
Linda Cox, City Clerk, read the Ordinance, into the record, by title only 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 else, Mayor Hudson closed the public hearing.
Linda Cox, City Clerk, read the Ordinance, into the record, by title only 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 else, Mayor Hudson closed the public hearing.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to approve item 11B2.
- AYE:
- Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson
Passed
3.
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. SECOND 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.
Mayor Hudson opened the public hearing.
Linda Rolle inquired about the 10th street extension.
Amanda Martinez, applicant representative, explained how 10th street will be a connector for the two properties.
In response to Commissioner Alexander's inquiry, Amanda Martinez stated that they plan to clear up the underbrush, pending environmental assessment.
Seeing no one else, Mayor Hudson closed the public hearing.
Kori Benton, Senior Planner, stated that once the site plan is presented, the access points will be discussed, making sure it meets City standards.
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.
Mayor Hudson opened the public hearing.
Linda Rolle inquired about the 10th street extension.
Amanda Martinez, applicant representative, explained how 10th street will be a connector for the two properties.
In response to Commissioner Alexander's inquiry, Amanda Martinez stated that they plan to clear up the underbrush, pending environmental assessment.
Seeing no one else, Mayor Hudson closed the public hearing.
Kori Benton, Senior Planner, stated that once the site plan is presented, the access points will be discussed, making sure it meets City standards.
Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Thomas Perona to approve item 11B3.
- AYE:
- Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson
Passed
4.
Ordinance 17-015 Eliminating Participation by Uncertified Alternate Board Members. SECOND 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, 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, Mayor Hudson closed the public hearing.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Jeremiah Johnson to approve item 11B4.
- AYE:
- Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson
Passed
5.
Ordinance 17-016 Eliminating Compensation for Members of City Appointed Boards. SECOND 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.
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 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.
Seeing no one, Mayor Hudson closed the public hearing.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Rufus Alexander to approve item 11B5.
- AYE:
- Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson
Passed
6.
Ordinance 17-017 Abolishing the Code Enforcement Board. FIRST READING
Linda Cox, City Clerk, read the Ordinance, by title only, into the record as follows.
AN ORDINANCE AMENDING THE PROVISIONS OF FORT PIERCE CODE OF ORDINANCES, CHAPTER 2, ARTICLE XIII AND CHAPTER 2, ARTICLE Xlll.5 SECTION 2-253 BY ABOLISHING THE FORT PIERCE MUNICIPAL CODE ENFORCEMENT BOARD, TRANSFERRING ALL DUTIES OF THE CODE ENFORCEMENT BOARD TO THE SPECIAL MAGISTRATE, AND DELETING REFERENCES THEREIN TO THE CODE ENFORCEMENT BOARD; REPEALING CHAPTER 2, ARTICLE Xlll.5 SECTION 2-253.5; AMENDING CHAPTER 2, ARTICLE XX, SECTION 2-331; CHAPTER 8.5, ARTICLE Ill, SECTION 8.5-48; CHAPTER 9, ARTICLE XIII, SECTION 9-371 (a); CHAPTER 11.5, ARTICLE I, SECTION 11.5-6; CHAPTER 11.5, ARTICLE II, SECTIONS 11.5-28(b) AND 11.5-29; CHAPTER 16, ARTICLE Ill, SECTIONS 16-51, 16- 54, AND 16-55(b); CHAPTER 22, ARTICLE XII, DIVISION 1, SECTION 22-181; AND CHAPTER 23, ARTICLE VII, DIVISION 3, SECTION 23-119(c) BY DELETING REFERENCES TO THE CODE ENFORCEMENT BOARD AND SUBSTITUTING SPECIAL MAGISTRATE; AMENDING CHAPTER 7, ARTICLE Ill, SECTION 7-33; CHAPTER 9, ARTICLE II, SECTION 9-27(c); CHAPTER 10, ARTICLE Ill, SECTIONS 10-305(a)(11), 10-306(b), 10-307(d), 10- 307(f); AND CHAPTER 17, ARTICLE Ill, SECTION 17-60 BY DELETING REFERENCES TO THE CODE ENFORCEMENT BOARD; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
Commissioner Alexander inquired about how long the Code Enforcement Board has existed and the purpose of the board. James Messer, City Attorney, stated that the State laws have changed tremendously which require certain matters to be held in a quasi-judicial hearing. The theory of the ordinance is to take the quasi-judicial decision making from lay boards and transfer them to a special magistrate that is trained in the law. This may present less problems, more efficiency and more consistency. Commissioner Alexander is concerned that going before Special Magistrate will not get the same consideration as a hearing amongst peers.
Mayor Hudson opened the public hearing.
Misty Minton spoke in opposition.
John George spoke in opposition.
Cleaver Hayling spoke in opposition.
Seeing no one else, Mayor Hudson closed the public hearing.
Further discussion included limited staff and staff demands for hearing, interpretation of the code by board, staff representation by City Attorney, history of number of cases heard and the board member appointment process.
Linda Cox, City Clerk, read the Ordinance, by title only, into the record as follows.
AN ORDINANCE AMENDING THE PROVISIONS OF FORT PIERCE CODE OF ORDINANCES, CHAPTER 2, ARTICLE XIII AND CHAPTER 2, ARTICLE Xlll.5 SECTION 2-253 BY ABOLISHING THE FORT PIERCE MUNICIPAL CODE ENFORCEMENT BOARD, TRANSFERRING ALL DUTIES OF THE CODE ENFORCEMENT BOARD TO THE SPECIAL MAGISTRATE, AND DELETING REFERENCES THEREIN TO THE CODE ENFORCEMENT BOARD; REPEALING CHAPTER 2, ARTICLE Xlll.5 SECTION 2-253.5; AMENDING CHAPTER 2, ARTICLE XX, SECTION 2-331; CHAPTER 8.5, ARTICLE Ill, SECTION 8.5-48; CHAPTER 9, ARTICLE XIII, SECTION 9-371 (a); CHAPTER 11.5, ARTICLE I, SECTION 11.5-6; CHAPTER 11.5, ARTICLE II, SECTIONS 11.5-28(b) AND 11.5-29; CHAPTER 16, ARTICLE Ill, SECTIONS 16-51, 16- 54, AND 16-55(b); CHAPTER 22, ARTICLE XII, DIVISION 1, SECTION 22-181; AND CHAPTER 23, ARTICLE VII, DIVISION 3, SECTION 23-119(c) BY DELETING REFERENCES TO THE CODE ENFORCEMENT BOARD AND SUBSTITUTING SPECIAL MAGISTRATE; AMENDING CHAPTER 7, ARTICLE Ill, SECTION 7-33; CHAPTER 9, ARTICLE II, SECTION 9-27(c); CHAPTER 10, ARTICLE Ill, SECTIONS 10-305(a)(11), 10-306(b), 10-307(d), 10- 307(f); AND CHAPTER 17, ARTICLE Ill, SECTION 17-60 BY DELETING REFERENCES TO THE CODE ENFORCEMENT BOARD; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
Commissioner Alexander inquired about how long the Code Enforcement Board has existed and the purpose of the board. James Messer, City Attorney, stated that the State laws have changed tremendously which require certain matters to be held in a quasi-judicial hearing. The theory of the ordinance is to take the quasi-judicial decision making from lay boards and transfer them to a special magistrate that is trained in the law. This may present less problems, more efficiency and more consistency. Commissioner Alexander is concerned that going before Special Magistrate will not get the same consideration as a hearing amongst peers.
Mayor Hudson opened the public hearing.
Misty Minton spoke in opposition.
John George spoke in opposition.
Cleaver Hayling spoke in opposition.
Seeing no one else, Mayor Hudson closed the public hearing.
Further discussion included limited staff and staff demands for hearing, interpretation of the code by board, staff representation by City Attorney, history of number of cases heard and the board member appointment process.
Motion was made by Commissioner Thomas Perona, to approve item 11B6. Motion died for lack of second.
Commissioner Johnson requested the number of cases per year, staff time for preparation of minutes and fiscal information needed to make a better decision. Commissioner Sessions spoke about potential City Attorney conflicts and would like to talk about direct appointments to the Code Enforcement Board.
Motion was made by Commissioner Reginald Sessions, seconded by Commissioner Rufus Alexander to deny item 11B6.
- AYE:
- Commissioner Rufus Alexander, Commissioner Reginald Sessions
- NAY:
- Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Failed
Commissioner Johnson cannot support the motion due to wanting more information.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Jeremiah Johnson to postpone to the May 15, 2017 City Commission meeting with the requested supporting information.
- AYE:
- Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions, Mayor Linda Hudson
Passed
7.
Ordinance 17-018 Amending Chapter 4 - Animals, creating a definition of Community Cats and providing to exemption. SECOND 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.
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 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.
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 Jeremiah Johnson 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 Fisherman's Wharf Plan - Joint County - City Planning Grant through DEO - Leslie Olson
Leslie Olson, St. Lucie County Director of Planning and Development Services, gave a presentation on the draft design components for the Fisherman's Wharf Redevelopment Plan. The plan will serve to protect and support historic downtown and Edgartown and become an integral part of the Port of Fort Pierce Master Plan.
Commission discussion included connectivity issues. Dennis Murphy, Culpepper and Terpening, spoke about their preliminary images and possibilities of slowing the intersection down. He is confident that the plan will work over time. Kyle Croce, St. Lucie County Engineer, stated they will continue to go after grants in partnership with the City of Fort Pierce. The goal is for all property owners to collaboratively develop the area. This will be brought back to the Commission in the future.The consensus was to move forward with the conceptual plan.
Leslie Olson, St. Lucie County Director of Planning and Development Services, gave a presentation on the draft design components for the Fisherman's Wharf Redevelopment Plan. The plan will serve to protect and support historic downtown and Edgartown and become an integral part of the Port of Fort Pierce Master Plan.
Commission discussion included connectivity issues. Dennis Murphy, Culpepper and Terpening, spoke about their preliminary images and possibilities of slowing the intersection down. He is confident that the plan will work over time. Kyle Croce, St. Lucie County Engineer, stated they will continue to go after grants in partnership with the City of Fort Pierce. The goal is for all property owners to collaboratively develop the area. This will be brought back to the Commission in the future.The consensus was to move forward with the conceptual plan.
13.
CITY COMMISSION
a.
Presentation and acceptance of City Audit on all funds for fiscal year ended September 30, 2016, as prepared by DiBartolomeo, McBee, Hartley & Barnes, P.A.
Mark Barnes gave a brief presentation of the Comprehensive Audit Financial Report for FY2016 and was available for questions.
Mark Barnes gave a brief presentation of the Comprehensive Audit Financial Report for FY2016 and was available for questions.
b.
Resolution 17-R15 authorizing the sale of 505 N 7th Street.
Linda Cox, City Clerk, read the Resolution, by title only, into the record as follows.
A RESOLUTION OF THE CITY OF FORT PIERCE, FLORIDA AUTHORIZING THE SALE OF REAL PROPERTY NOT NEEDED FOR A PUBLIC PURPOSE, KNOWN AS 505 N 7th STREET, OWNED BY THE CITY OF FORT PIERCE; AND PROVIDING FOR AN EFFECTIVE DATE.
Nicholas Mimms, City Manager, stated that there was significant differential in the offering price and the appraised value of the property. Staff recommends to reject all offers in order to consider offers that may be better suited for the community. Commission discussion included upkeep, maintenance and staff visits to the site. Consensus was that it would be helpful to have the listing agent available to answer questions.
Linda Cox, City Clerk, read the Resolution, by title only, into the record as follows.
A RESOLUTION OF THE CITY OF FORT PIERCE, FLORIDA AUTHORIZING THE SALE OF REAL PROPERTY NOT NEEDED FOR A PUBLIC PURPOSE, KNOWN AS 505 N 7th STREET, OWNED BY THE CITY OF FORT PIERCE; AND PROVIDING FOR AN EFFECTIVE DATE.
Nicholas Mimms, City Manager, stated that there was significant differential in the offering price and the appraised value of the property. Staff recommends to reject all offers in order to consider offers that may be better suited for the community. Commission discussion included upkeep, maintenance and staff visits to the site. Consensus was that it would be helpful to have the listing agent available to answer questions.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to reject all offers.
- AYE:
- Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
- NAY:
- Commissioner Rufus Alexander
- Other:
- Commissioner Reginald Sessions (ABSTAIN)
Passed
Commissioner Sessions filed form 8B as required.
14.
COMMENTS FROM THE PUBLIC
Mark Woodruff
Jacqueline Brown
Betty Bradwell
Monte Innis
Mario Wilcox
Caroline Sessions
Mark Woodruff
Jacqueline Brown
Betty Bradwell
Monte Innis
Mario Wilcox
Caroline Sessions
15.
COMMENTS FROM THE CITY MANAGER
Nicholas Mimms, City Manager, stated that he has questions about the listing and plans to visit the site. Citizen's Academy has begun with the largest class yet, and a visit with Senator Nelson demonstrated that he is working for us on the Treasure Coast. Devoshay Johnson announced that EPIC Praise in the Park event will take place on Saturday, April 29 at Dreamland Park at 9:00 AM.
Nicholas Mimms, City Manager, stated that he has questions about the listing and plans to visit the site. Citizen's Academy has begun with the largest class yet, and a visit with Senator Nelson demonstrated that he is working for us on the Treasure Coast. Devoshay Johnson announced that EPIC Praise in the Park event will take place on Saturday, April 29 at Dreamland Park at 9:00 AM.
16.
COMMENTS FROM THE COMMISSION
Commissioner Alexander appreciates how Mr. Messer has empowered him with the information he shares with the Commission.
Commissioner Perona stated that he sees the trend of staff taking a broad look at how to be more efficient and believes it may challenge the Commission to balance the community needs.
Commissioner Sessions requested an update on annexation. He has been impressed and delighted with the information provided by Mr. Messer and asks that he keep up the good work. He is looking forward to a great EPIC event on April 29.
Commissioner Johnson thanked Mr. Messer, spoke about the good day with Senator Bill Nelson and talked about sober homes and opioid abuse. He attended the Coast Guard 75th Anniversary last week and it was good to see their excitement for being a partner with the City.
Mayor Hudson stated that she appreciates the fresh approach offered by Mr. Messer as well as the members of the Code Enforcement board coming in to speak at the meeting. Taste of St. Lucie is happening on Wednesday April 19 and Oxbow Eco Center is celebrating Earth Day on April 29.
Commissioner Alexander appreciates how Mr. Messer has empowered him with the information he shares with the Commission.
Commissioner Perona stated that he sees the trend of staff taking a broad look at how to be more efficient and believes it may challenge the Commission to balance the community needs.
Commissioner Sessions requested an update on annexation. He has been impressed and delighted with the information provided by Mr. Messer and asks that he keep up the good work. He is looking forward to a great EPIC event on April 29.
Commissioner Johnson thanked Mr. Messer, spoke about the good day with Senator Bill Nelson and talked about sober homes and opioid abuse. He attended the Coast Guard 75th Anniversary last week and it was good to see their excitement for being a partner with the City.
Mayor Hudson stated that she appreciates the fresh approach offered by Mr. Messer as well as the members of the Code Enforcement board coming in to speak at the meeting. Taste of St. Lucie is happening on Wednesday April 19 and Oxbow Eco Center is celebrating Earth Day on April 29.
17.
ADJOURNMENT - There being no further business, Mayor Hudson declared the meeting adjourned at 10:22 p.m.
ATTEST:
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CITY CLERK
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MAYOR COMMISSIONER
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