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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, OCTOBER 16, 2017
 
1.
CALL TO ORDER
 
2.
OPENING PRAYER - Commissioner Jeremiah Johnson
 
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 Attorney James Messer
  • City Clerk Linda Cox
  • City Manager Nicholas Mimms
Commissioner Sessions arrived at 6:32 p.m.
 
5.
APPROVAL OF MINUTES
 
a.
Approval of minutes from the September 25, 2017 special meeting and October 2, 2017 regular meeting.
 

Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to approve item 5a.

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

Passed

 
6.
PROCLAMATIONS
 
a.
Florida City Government Week Proclamation

Mayor Linda Hudson issued a proclamation to Shyanne Helms, Commumications Manager.
 
7.
LETTERS TO COMMISSION - The following letters will be kept on file in the City Clerk's office.
 
a.
Email from Mallory Cunningham thanking Mayor Hudson for her wonderful day at City Hall as the Mayor for the Day, and from her mother, Christina Cunningham, thanking the Mayor and staff for providing a wonderful experience for Mallory.
 
b.
Letter from Nikol Agoston thanking Police Officer Cheryl Glenn-Reed for her helpfulness and attentive response that saved her mother's life.
 
c.
Email from David Cummings commending Police Officer McNeal for his professionalism and high degree of care and concern demonstrated during the return of their missing family pet.
 
d.
Letter from Capt. Sam Crutchfield commending Police Officer Fullen for her professional handling of a domestic event at his home.
 
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

Nicholas Mimms, City Manager, requested an addition to the agenda in the form of a draft letter to Governor Rick Scott supporting St. Lucie County's Florida Job Growth Grant Fund application which would assist the county with land acquisition at the port of Fort Pierce. This addition was added as item 13b.
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Rufus Alexander to approve item 9 as amended.

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

Passed

 
10.
MISCELLANEOUS REPORTS
 
a.
Clint Sperber, Health Officer and Administrator with the Department of Health in St. Lucie County spoke about their mission for the residents in our county.  There will be a Heart Screening on November 4th from 8 a.m. to 5 p.m. and approximately 150 children are already registered but there is still space. The public can register online at www.JessicaClinton.org. Minors should be accompanied by their guardians. In the past, St. Lucie County ranked  in the high 50s out of 67 Florida counties.  As of 2017 St. Lucie County ranked 39th speaking to the Department of Health's commitment to help our residents by means of monitoring health statuses, identifying health issues, diagnosing and investigating health problems and hazards in our community.  They are currently working to include electrocardiograms (EKGs) in all St. Lucie County Schools, along with pediatric cardiologists to perform screenings by means of mobilizing community partnerships.
 
11.
CONSENT AGENDA
 
a.
Approve contract between the City of Fort Pierce and the Teamsters Union for the period of October 1, 2017 to September 30, 2020.
 
b.
Approve the contract between the City of Fort Pierce and the Coastal Florida Police Benevolent Association for the period of October 1, 2015 through September 30, 2018.
 
c.
Approval of Interlocal Agreement with St. Lucie County for the Placement of Transit Bicycle Share Stations in City Right-of-way and Parks.
 
d.
Approve Close Construction, LLC as the lowest responsive bidder to Bid No. 2017-028 for an amount not to exceed $29,500 for rehabilitation of 319 North 27th Street, funded through the State Housing Initiatives Partnership (SHIP) program.
 
e.
Approval of Change Order No. 2 for Bid No 2016-016 "Furnish and Install Asphaltic Concrete" for 2017 Street Resurfacing needs to Lynch Paving of Okeechobee, Fl. in an amount not to exceed $114,630.00.
 
f.
Request approval and execution of the First Amendment to Melody Lane Parking Lot Interlocal Agreement with Saint Lucie County.
 
g.
Approve Blanket Purchase Orders for the Sunrise Theatre in the amount not to exceed $421,884.00
 

Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Reginald Sessions to approve items 11 a - 11g.

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

Passed

 
12.
PUBLIC HEARINGS
 
a.
Quasi-Judicial Hearing - Application submitted by Kevin Degolier is requesting to secure a 4COP – Beer, Wine, Liquor License to offer sale of alcohol, at 658 N. 2nd Street, Fort Pierce, Florida; for consumption on premises subject to conditions. The sale or distribution of alcoholic beverages for consumption on premises requires a Waiver of Distance 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-6, Marine Commercial Commercial Zone (Parcel ID 2403-801-0006-000-4).

Before commencing this Quasi-Judicial Hearing, James Messer, City Attorney, reminded the Commission when acting as a Quasi Judicial Body they apply the laws and policies established and are held to stricter procedural requirements, following basic standards of notice and due process based on substantial evidence.  As such, they conduct these proceedings as judges instead of legislators.

City Clerk, Linda Cox, confirmed the City complied with advertisement and notice requirements.

Mayor Linda Hudson inquired the Commission regarding ex-parte communications; the Commission denied any ex-parte communication.

City Clerk, Linda Cox, swore in those wanting to speak during this Quasi-Judicial hearing.

Brandon Creagan, Planning Analyst, presented the Waiver of Distance Application for the Twisted Tiki showing aerial and zoning maps of the location, expressing days and hours of operations and other pertinent information. The Planning Board presented a unanimous vote recommending approval of the request as presented.  No letters were received from the property owners in opposition. Staff recommends the City Commission approve the Waiver of Distance Application with five conditions and some improvements being completed by April 16, 2018.

Other than the applicants, no one from the Public spoke on this matter.  Kevin and Connie Degolier confirmed to being sworn in and proceeded to answer the Commissioners' questions.
 

Motion was made by Commissioner Thomas Perona, seconded by Commissioner Rufus Alexander to approve item 12a with the following conditions:

  1. A Crime Prevention Through Environment Design (CPTED) survey must be conducted by the City of Fort Pierce Police Department before the grand opening of the establishment.
  2. The site must be in compliance with City Code 22-187, General Landscaping Requirements. This would include a 10 foot landscape strip between streets right-of-way and the vehicular use area. Due to the 2nd Street Roadway project this requirement will have a 6 month timeline to be completed. The improvements must be made by April 16, 2018.

  3. A copy of the Shared Parking Agreement between Captain’s Galley & The Twisted Tiki should be provided to the City Planning & Engineering Departments. This must be provided when the applicant applies for a business tax license.
  4. The two concrete driveway aprons constructed as part of the North 2nd Street Roadway project shall extend 10’ into the property to aid in the reduction of sediment tracking into the right-of-way of Indian River Drive and North 2nd Street. This 10’ extension must be constructed within thirty (30) days of the completion of the driveway apron construction. ?
  5. Provide stop signs that must be installed before the applicant opens for business at the North Indian River Drive and North 2nd Street driveways and install stop bars within thirty (30) days of driveway apron construction.

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

Passed

 
b.
Quasi-Judicial Hearing - Application for Site Plan and Design Review submitted by property owner, William L. Sax and Representative Jeff Falkanger, AIA of FSMY Architects & Planners, to construct a 27,501 sq. ft. addition to an existing warehouse facility at 903 South Market Ave, Fort Pierce, FL.  The property is zoned Light Industrial (I-1). Parcel ID: 2434-601-0063-000-3.

Jim Messer, City Attorney, expressed the applicant waived his right to a Quasi-Judicial Hearing.

Kori Benton, Senior Planning, presented the Commission with Tropic Supply's site plan which accounted for parking, landscaping, lighting and the building's facade for the approval to construct this 27,501 sq. ft addition to the aforementioned warehouse.  The Planning Board voted unanimously recommending the City Commissions' Approval as is for this proposed expansion.

Mayor Hudson opened the Public Hearing.  Chuck Delveccio, Property Owner and Operator, thanked the Commission and answered the City Commissions' questions.  The Mayor closed the Public Hearing.
 

Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Rufus Alexander to approve item 12 b.

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

Passed

 
c.
Quasi-Judicial Hearing - Application for Conditional Use with no new construction submitted by property owners, Stephen Fink, Judy Fink, & Howard Levy and Applicant Mike Mirando, to establish an Amusement Arcade Center with 52 arcade machines at 2732 S US Highway 1, Fort Pierce, FL subject to conditions.  The property is zoned General Commercial (C-3), Parcel ID: 2422-311-0002-000-1.

Kori Benton, Senior Planning, expressed the applicant waived his right to a Quasi-Judicial Hearing.  He presented the Commission with the aforementioned Application for Conditional Use with no new construction submitted by property owners.  He mentioned the owners are aware of the limitations including, but not limited to, no alcohol consumption or smoking on the premises, no persons under the age of 18, etc.  The applicants are proposing landscape and lighting improvements, installation of bicycle racks for the purpose of code compliance, striping of the parking area and other enhancements to improve customer experience.  Mr. Benton presented floor and site plans, as well as days and hours of operations. The Planning Board unanimously recommended the approval from the City Commission with the condition that all landscaping and lighting issues be addressed and completed prior to final inspection for Zoning approval.  The Commission would like to see the entire parking lot re-striped.

Mayor Hudson opened the Public Hearing. Seeing no one, the Mayor closed the Public Hearing.
 

Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Rufus Alexander to approve item 12 c with the condition that all landscaping and lighting issues be addressed and the entire parking lot be re-striped prior to final inspection.

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

Passed

 
13.
CITY COMMISSION
 
a.
Resolution 17-R34 Supporting IRSC's legislative funding request to construct the Treasure Coast Advanced Manufacturing Center along with a letter of support to the Governor, Senate President and Speaker of the House.

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

A RESOLUTION OF THE CITY OF FORT PIERCE, FLORIDA, SUPPORTING THE FUNDING REQUEST OF INDIAN RIVER STATE COLLEGE FOR CONSTRUCTION OF THE TREASURE COAST ADVANCED MANUFACTURING CENTER; DIRECTING CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE FLORIDA LEAGUE OF CITIES, THE ST. LUCIE COUNTY LEGISLATIVE DELEGATION AND ANY OTHER INTERESTED PARTIES; PROVIDING AN EFFECTIVE DATE.
 

Motion was made by Commissioner Reginald Sessions, seconded by Commissioner Thomas Perona to approve item 13 a.

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

Passed

 
b.
AGENDA ADDITION

Letter of support to Governor Scott regarding the St. Lucie County's application to the Florida Job Growth Grant Fund for land acquisition at the port of Fort Pierce.
 

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

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

Passed

 
14.
COMMENTS FROM THE PUBLIC

There were not comments from the public.
 
15.
COMMENTS FROM THE CITY MANAGER

Nicholas Mimms, City Manager, spoke of St. Lucie County's recent informal meeting discussing Community Redevelopment Agencies; there were no actions taken being they've yet to identify where funds would come from. There is a joint meeting with St. Lucie County on October 26, 2017 at 2 p.m. to discuss various topics, primarily the Port of Fort Pierce. On October 20, 2017 from 2 p.m. to 4 p.m. at the Treasure Coast International Airport there will be a Grand Opening Announcement for a new business which will integrate their air transportation services with all Fort Pierce has to offer. There will also be the unveiling of Peacock Arts District Beautification Project on October 24, 2017 at 4 p.m. at the corner of South 7th Street and Orange Avenue. On the same day, the Charter Review Commission Public Input Meeting will be held at 6:30 p.m. in the City Hall Commission Chambers. The City Scavenger Hunt will begin at 4 p.m. on October 30, 2017. The Investiture of The Honorable Shaniek Maynard, Fort Pierce resident will be on November 3, 2017 at the Federal Court House; an RSVP is required.

James Messer, City Attorney, commented on the detox facilities and sober homes in our community. He mentioned the Federal Government is considering a new law eliminating the last barrier for Medicaid and Medicare patients to be covered by the insurance provisions of federal law which will in turn increase the number of recovering alcoholics and drug addicts in these centers, limiting the authoriting of local government to deny these applications.
 
16.
COMMENTS FROM THE COMMISSION

Commissioner Rufus Alexander spoke of slum and blight recovery city-wide and how our efforts and monies, coming from FPRA, need to be redirected to this area. The Commissioner requested the Charter Review Committee broach this subject so there will be a collaborative effort.
Commissioner Thomas Perona mentioned the FMPA Committee will be coming to Fort Pierce on Wednesday, October 18, 2017 to tour the Power Plant.
Commissioner Reginald Sessions would like the Limited Review Commission to address the financial ability of the FPUA to contribute and work in partnership with the city toward the acquisition of the maritime port.
Commissioner Jeremiah Johnson spoke regarding the importance of Home Rule/Local Self Government. He also reported good news about the unemployment rate in the State of Florida, as of a report of August 2017, has gone down to 4.2% and in our area from 6.1% in 2016 to 4.9% this year. Next week, the Paula Lewis Library is being dedicated on the morning of October 24, 2017 on Rosser Blvd. in Port St. Lucie.
Mayor Linda Hudson Coffee reminded the Commission about Coffee with The Mayor on October 20, 2017, sponsored by Fort Pierce Lions. The Fort Pierce Lions will be conducting diabetes screenings free of charge before and after the event. The Ghost Walk will be on October 25-26, 2017.
 
17.
ADJOURNMENT
ATTEST:

____________________________ _________________________________
CITY CLERK
MAYOR COMMISSIONER