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 TUESDAY, JANUARY 16, 2018.
1.
CALL TO ORDER
2.
OPENING PRAYER- Parkview Baptist Church, Pastor Doug Saunders
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 Attorney James Messer
- City Clerk Linda Cox
- City Manager Nicholas Mimms
5.
APPROVAL OF MINUTES
a.
Approval of minutes from the January 2, 2018 Regular Meeting.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to approve item 5 a.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
6.
PROCLAMATIONS
a.
Mayor Hudson presented the Henry Flagler Award received by the St. Lucie County's Tourism Office.
7.
LETTERS TO COMMISSION
The following letters will be kept on file in the City Clerk's Office.
The following letters will be kept on file in the City Clerk's Office.
a.
Letter from Catherine R. Fasano thanking Karen Mike, Executive Assistant, Grant Administration and Eric Winterstein, Facilities and Fleet Superintendent, FPUA, for their time and professional attitude toward the work completed at her home.
b.
Letter from Chris Hewitt, Vice President, ALDI Royal Palm Beach Division thanking the City of Fort Pierce for its support of the store that is now open.
8.
COMMENTS FROM THE PUBLIC ON AGENDA ITEMS NOT REQUIRING PUBLIC HEARINGS
There were no public comments.
There were no public comments.
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 with postponement of item 12 c to February 5, 2018.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
10.
MISCELLANEOUS REPORTS
a.
Boys and Girls Club Update of Activities in Percy Peek Gym - Will Armstead, CEO
William Armstead, Chief Executive Officer of the Boys & Girls Club of St. Lucie County mentioned their mission is to enable all young people, especially those who need us most, to reach their full potential as productive, caring, responsible citizens. At the beginning of the school year they had only 20 children and now they have 90 children. They have certified teachers helping.
The Chief Operating Officer, Melanie Wiles, said transportation was a big need so they are now providing bus transportation to and from the club. During Hurricane Irma, since the Percy Peek Gym was being used as a shelter, they utilized that time to build relationships by providing the families with meals, and resources at their time of need. They also participated in the Shop With A Cop event and a few Toy Drives during the holidays. They’ve had pop-up parties with the Sheriff’s Department and the Fort Pierce Police Department and they are hosting quarterly parent nights as an informational piece for parents providing educational programs.
Mr. Armstead discussed working with other parties in order to provide better services for our parents in St. Lucie County. The Fort Pierce Housing Authority has been a tremendous help. The kids at the Boys & Girls Club of St. Lucie County have put in thousands of hours in volunteer work throughout the year and continue to do more.
Ms. Wiles went into detail as to the programs they are providing for teens and “tweens”, listing some of these programs as being: Academic Success, Healthy Lifestyles, Good Character & Citizenship, as well as, other specialty programs. She also thanked the Mayor for attending Report Card Day saying this was a day the kids felt they could show off their hard work.
Mr. Armstead gave an overview of what can be expected in 2018 including providing dinner for the children and they’ll be providing a Summer Food Program as well. This Summer Program will include things like Triple Play Basketball, Marine Biology Enhancements, Career Launch and Summer Brain Gain allowing the children to participate in library reading challenges.
In 2019 they are looking to open a 20,000 square foot facility that will provide a haven for over 800 kids daily. Lastly, the Saleshia Ellis’ alumni testimonial was presented.
William Armstead, Chief Executive Officer of the Boys & Girls Club of St. Lucie County mentioned their mission is to enable all young people, especially those who need us most, to reach their full potential as productive, caring, responsible citizens. At the beginning of the school year they had only 20 children and now they have 90 children. They have certified teachers helping.
The Chief Operating Officer, Melanie Wiles, said transportation was a big need so they are now providing bus transportation to and from the club. During Hurricane Irma, since the Percy Peek Gym was being used as a shelter, they utilized that time to build relationships by providing the families with meals, and resources at their time of need. They also participated in the Shop With A Cop event and a few Toy Drives during the holidays. They’ve had pop-up parties with the Sheriff’s Department and the Fort Pierce Police Department and they are hosting quarterly parent nights as an informational piece for parents providing educational programs.
Mr. Armstead discussed working with other parties in order to provide better services for our parents in St. Lucie County. The Fort Pierce Housing Authority has been a tremendous help. The kids at the Boys & Girls Club of St. Lucie County have put in thousands of hours in volunteer work throughout the year and continue to do more.
Ms. Wiles went into detail as to the programs they are providing for teens and “tweens”, listing some of these programs as being: Academic Success, Healthy Lifestyles, Good Character & Citizenship, as well as, other specialty programs. She also thanked the Mayor for attending Report Card Day saying this was a day the kids felt they could show off their hard work.
Mr. Armstead gave an overview of what can be expected in 2018 including providing dinner for the children and they’ll be providing a Summer Food Program as well. This Summer Program will include things like Triple Play Basketball, Marine Biology Enhancements, Career Launch and Summer Brain Gain allowing the children to participate in library reading challenges.
In 2019 they are looking to open a 20,000 square foot facility that will provide a haven for over 800 kids daily. Lastly, the Saleshia Ellis’ alumni testimonial was presented.
11.
CONSENT AGENDA
a.
Waive interest, penalties, and administrative fees in the amount of $1,002.57 associated with the Lot Clearing Lien against 1710 South Avenue, Ft. Pierce, FL. Property ID #2409-712-0137-000-6 owned by Innova Investment Group, LLC & Izaro Etxea, LLC, P. O. Box 310686, Miami, FL 33231 contingent upon payment of $541.50 payable in 60 days.
b.
Approve contractual agreement for Lincoln Park and Fort Pierce Main Street Main Streets - community-based development organizations for grant awards totaling $50,000 each through previously approved 2017-2018 CDBG Action Plan.
c.
Approve Change Order for SHIP Owner Occupied Home Rehab for 517 N 16th Street for $7,380.
d.
Approval of Travel Expenses in the amount of $858.61 for Mayor Linda Hudson to attend the Florida League of Cities Legislative Action Days Conference.
Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Reginald Sessions to approve items 11 a – c. Commissioner Johnson pulled item 11 d for discussion.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
Regarding item 11 d, Commissioner Jeremiah Johnson requested the City Commission approve him going to the same conference.
Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Reginald Sessions to approve Commissioner Johnson's travel to the Florida League of Cities Legislative Action Days Conference, along with Mayor Hudson.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
12.
PUBLIC HEARINGS
a.
Quasi-Judicial Hearing - Review and approval of an application for Conditional Use with No New Construction, submitted by Property Owner(s), Galleria at Downtown Fort Pierce LLC. and Representative, Jennifer Zavila to operate a commercial parking lot located at 120 N Depot Drive, Fort Pierce, FL. The property is zoned Central Commercial (C-4), Parcel IDs: 2410-503-0077-000-9.
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 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.
Mr. Messer additionally confirmed that there are no party intervenors in this matter. That means that the only other individuals that may be heard are people who might have relevant information and their comments are limited to three (3) minutes each. Members of the public may be permitted to present their non-expert opinions, but the Commission must know that public sentiment is not relevant to the decision which must be based on competent, substantial evidence.
Mayor Hudson called the proceedings to order.
City Clerk, Linda Cox, confirmed the City complied with advertisement and notice requirements.
Mayor Linda Hudson inquired with the Commission regarding ex-parte communications; Commissioner Johnson met with the owner; Commissioner Perona met with the owner and spoke with a property owner that may be involved; Commissioner Alexander spoke with one of the property owners that may be involved.
City Clerk, Linda Cox, asked to swear in those wanting to speak during this Quasi-Judicial hearing. Individuals in the audience intending to speak on this item were asked to stand, raise their right hand, and administered an oath to tell the truth, the whole truth and nothing but the truth. Those that were sworn in were asked to clearly state their name for the record and confirm they were sworn in at such time as they were asked to come forward to testify.
Kori Benton, Senior Planner, made a presentation on the application filed by the property owner, Galleria at downtown Fort Pierce. The request sought to operate a commercial parking lot located at 120 N Depot Drive. The property is bordered by a city alleyway which has no existing access from Depot Drive. In order for the neighboring property owners to access the rear of their property, they must access their property through the applicant’s private property. Use and maintenance of the city’s dumpster is also accessed using the private property. Additional discussion included handicap accessibility and the need for a reconfiguration of the parking spaces in the event an easement for ingress-egress is not agreeable. Mr. Benton also discussed the opening of an access point to the alleyway.
Mayor Hudson opened the public hearing.
Gus Gutierrez, applicant, was invited forward to make a presentation and cross examine staff. Mr. Gutierrez confirmed for the record that he was sworn in. Mr. Gutierrez submitted photos into evidence showing trucks in the parking lot demonstrating it being used as a loading zone and illegal dumping around the dumpster in the alleyway. Mr. Gutierrez stated that this is private property and there are no deed restrictions on his property; he believes the dumpsters should be on Depot Drive. Mr. Gutierrez wants to provide pay parking with an attendant. Mr. Gutierrez does not want any burden or restrictions on his property and does not want to permit access through his property.
Christine Coke confirmed that she was sworn in; she and her sisters own the Raulerson building. She indicated that for 43 years, she has worked on Second Street. She also indicated that the dumpster has been in that location for over 43 years. She additionally claims that according to an attorney, there is a prescriptive easement which cannot be denied. The dumpster, a utilities transformer, public works drainage outlet, and tenants of Mr. Hatfield’s building all utilize the access through the private parking lot. Ms. Coke confirmed the property between Sweet’s and the Raulerson building is privately owned.
Adam Biegner confirmed he was sworn in; he is the chef and owner of S & S Takeout. They have been located at 148 Depot Drive for eight years. He also speaks for his landlord, Jim Hatfield and other businesses including Krazy Fish, and Sweet’s. There is also a grease trap located behind their buildings that must be accessed by a large truck. Deliveries are by large truck and the city may need to provide a loading zone if access is removed.
The Mayor invited the applicant back for any closing remarks; he declined.
The Mayor closed the Public Hearing.
Commissioner Perona inquired as to a prescriptive easement and if it is competent substantial evidence. Mr. Messer indicated that it is not; in this case, a prescriptive easement is factual determination by a court of law based upon evidence presented.
Commissioner Alexander inquired about what is necessary to open the alleyway to provide access to the dumpster. Mr. Mimms confirmed that the City will evaluate what will be the best option for the dumpster usage and access to the grease traps.
Mayor Hudson expressed that she was sympathetic for the complicated impacts and inconveniences to the other businesses; however, the applicant owns the property and it is not his problem, but rather the city’s issue.
City Attorney Messer indicated that according to our rules for quasi-judicial procedures, a claim and testimony for a prescriptive easement should have brought before you by an expert so you would have the facts and evidence to consider. Based on the hearing, the Commission does not have the facts necessary to determine if a prescriptive easement exists.
Commissioner Alexander asked if the applicant was willing to work with the downtown people. Commissioner Perona indicated that he asked the applicant if he was willing to consider shared access and the applicant stated he was not.
Commissioner Sessions asked if the Mayor would reopen the hearing so they could ask the applicant a question. Seeing no objection, Mayor Hudson reopened the public hearing.
Mr. Gutierrez was invited forward and asked if he was willing to work with adjacent land owners to allow them to have access to the dumpster. Mr. Gutierrez does not want deed restrictions on his property.
Ms. Coke reappeared to state that the property between the Raulerson building and Sweets is private property; and that the access agreement was likely verbal.
Mayor Hudson closed the public hearing.
Commissioner Johnson discussed the issues surrounding having a dumpster on private property or accessing through private property. Liability to the city could be great and maintenance of the private property is also of concern.
Mr. Messer additionally confirmed that there are no party intervenors in this matter. That means that the only other individuals that may be heard are people who might have relevant information and their comments are limited to three (3) minutes each. Members of the public may be permitted to present their non-expert opinions, but the Commission must know that public sentiment is not relevant to the decision which must be based on competent, substantial evidence.
Mayor Hudson called the proceedings to order.
City Clerk, Linda Cox, confirmed the City complied with advertisement and notice requirements.
Mayor Linda Hudson inquired with the Commission regarding ex-parte communications; Commissioner Johnson met with the owner; Commissioner Perona met with the owner and spoke with a property owner that may be involved; Commissioner Alexander spoke with one of the property owners that may be involved.
City Clerk, Linda Cox, asked to swear in those wanting to speak during this Quasi-Judicial hearing. Individuals in the audience intending to speak on this item were asked to stand, raise their right hand, and administered an oath to tell the truth, the whole truth and nothing but the truth. Those that were sworn in were asked to clearly state their name for the record and confirm they were sworn in at such time as they were asked to come forward to testify.
Kori Benton, Senior Planner, made a presentation on the application filed by the property owner, Galleria at downtown Fort Pierce. The request sought to operate a commercial parking lot located at 120 N Depot Drive. The property is bordered by a city alleyway which has no existing access from Depot Drive. In order for the neighboring property owners to access the rear of their property, they must access their property through the applicant’s private property. Use and maintenance of the city’s dumpster is also accessed using the private property. Additional discussion included handicap accessibility and the need for a reconfiguration of the parking spaces in the event an easement for ingress-egress is not agreeable. Mr. Benton also discussed the opening of an access point to the alleyway.
Mayor Hudson opened the public hearing.
Gus Gutierrez, applicant, was invited forward to make a presentation and cross examine staff. Mr. Gutierrez confirmed for the record that he was sworn in. Mr. Gutierrez submitted photos into evidence showing trucks in the parking lot demonstrating it being used as a loading zone and illegal dumping around the dumpster in the alleyway. Mr. Gutierrez stated that this is private property and there are no deed restrictions on his property; he believes the dumpsters should be on Depot Drive. Mr. Gutierrez wants to provide pay parking with an attendant. Mr. Gutierrez does not want any burden or restrictions on his property and does not want to permit access through his property.
Christine Coke confirmed that she was sworn in; she and her sisters own the Raulerson building. She indicated that for 43 years, she has worked on Second Street. She also indicated that the dumpster has been in that location for over 43 years. She additionally claims that according to an attorney, there is a prescriptive easement which cannot be denied. The dumpster, a utilities transformer, public works drainage outlet, and tenants of Mr. Hatfield’s building all utilize the access through the private parking lot. Ms. Coke confirmed the property between Sweet’s and the Raulerson building is privately owned.
Adam Biegner confirmed he was sworn in; he is the chef and owner of S & S Takeout. They have been located at 148 Depot Drive for eight years. He also speaks for his landlord, Jim Hatfield and other businesses including Krazy Fish, and Sweet’s. There is also a grease trap located behind their buildings that must be accessed by a large truck. Deliveries are by large truck and the city may need to provide a loading zone if access is removed.
The Mayor invited the applicant back for any closing remarks; he declined.
The Mayor closed the Public Hearing.
Commissioner Perona inquired as to a prescriptive easement and if it is competent substantial evidence. Mr. Messer indicated that it is not; in this case, a prescriptive easement is factual determination by a court of law based upon evidence presented.
Commissioner Alexander inquired about what is necessary to open the alleyway to provide access to the dumpster. Mr. Mimms confirmed that the City will evaluate what will be the best option for the dumpster usage and access to the grease traps.
Mayor Hudson expressed that she was sympathetic for the complicated impacts and inconveniences to the other businesses; however, the applicant owns the property and it is not his problem, but rather the city’s issue.
City Attorney Messer indicated that according to our rules for quasi-judicial procedures, a claim and testimony for a prescriptive easement should have brought before you by an expert so you would have the facts and evidence to consider. Based on the hearing, the Commission does not have the facts necessary to determine if a prescriptive easement exists.
Commissioner Alexander asked if the applicant was willing to work with the downtown people. Commissioner Perona indicated that he asked the applicant if he was willing to consider shared access and the applicant stated he was not.
Commissioner Sessions asked if the Mayor would reopen the hearing so they could ask the applicant a question. Seeing no objection, Mayor Hudson reopened the public hearing.
Mr. Gutierrez was invited forward and asked if he was willing to work with adjacent land owners to allow them to have access to the dumpster. Mr. Gutierrez does not want deed restrictions on his property.
Ms. Coke reappeared to state that the property between the Raulerson building and Sweets is private property; and that the access agreement was likely verbal.
Mayor Hudson closed the public hearing.
Commissioner Johnson discussed the issues surrounding having a dumpster on private property or accessing through private property. Liability to the city could be great and maintenance of the private property is also of concern.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Jeremiah Johnson to approve item 12a with staff conditions as follows:
1) Either an Ingress-Egress Easement is provided, or the applicant will need to re-develop his parking lot to meet minimum design standards as the parking aisle widths would not be sufficient for 90° parking, as noted by the City Engineer;
2) The applicant integrates an accessible route from the handicap parking spaces to an adjacent pedestrian way;
3) A trash receptacle and process for collection are integrated into the use plan; and
4) All city lighting codes are met.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
b.
Quasi-Judicial Hearing - Review and approval of an application for a Conditional Use with No New Construction, submitted by Property Owners, Kevin and Heather Deese to operate a Dwelling Rental, offering lodging for less than six (6) months with a minimum rental period of one (1) month, at 1011 Boston Avenue, Fort Pierce, FL. The property is zoned R-4, Medium Density Residential Zone (Parcel ID 2409-802-0016-000-8).
Ms. Linda Cox advised the applicant waived their right to a quasi-judicial hearing.
Vennis Gilmore, Planner, presented a site aerial of the property’s 0.46 acres consisting of a primary ancillary structure, a two-story, single-family residence including three bedrooms, two bathrooms and an ancillary structure consisting of a guest house. This guest house has two one-bedroom units each having a bathroom and a kitchen.
This is currently a Medium Density Residential Zone (R-4) and they’re looking to acquire a Medium Density Residential (RM) designation, intended for parcels that are best suited for multifamily residential uses ranging in density from 6.5 to 12 dwelling units per acre. Limited commercial uses intended to serve the residential uses shall be allowed.
Staff recommends that the City Commission approve the request with the following conditions:
1) The applicant identifies the maximum occupancy of the unit, insuring 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 (available from Code Enforcement) for renters regarding local rules and public service resources to minimize conflicts;
4) The applicant may be required to obtain a Change of Use permit through the Building Department and receive Certificate of Completion, prior to filing for St. Lucie County & Fort Pierce Business Tax Licenses; and
5) Limit occupancy based on the number of bedrooms, and no more than 2 vehicles (one vehicle per unit).
Commissioner Alexander inquired about the stipulated parking conditions and about the guide booklets. While Commissioner Alexander felt it was the property owner’s responsibility to let their patrons know what can and can’t be done rather than our Code Enforcement department doing so via a booklet. Commissioner Perona stated because there are vacationers from out of our area that this would be a benefit and he feels it would save City staff time from having to correct matters that would otherwise go awry. Commissioner Sessions also agreed with Commissioner Alexander. Mr. Gilmore mentioned guide booklets were issued for other vacation rentals as well.
Mayor Hudson opened the Public Hearing.
Kevin Deese, the applicant, stepped forward to answer any questions the City Commission members might have.
Cathy Weslenko was in support of the applicant, as his neighbor. She said she was happy Mr. Deese purchased the historic property and of his intentions of attracting people to our City.
Kelvin Ned, the neighbor behind Mr. Deese’s property, was also in support in the applicant and expressed he’d like to do something similar in the future.
Michael McLeod, also a neighbor, was in support of the applicant. He felt this sort of business allowed visitors to see there is more to Fort Pierce.
Seeing no one else, the Mayor closed the Public Hearing.
Ms. Linda Cox advised the applicant waived their right to a quasi-judicial hearing.
Vennis Gilmore, Planner, presented a site aerial of the property’s 0.46 acres consisting of a primary ancillary structure, a two-story, single-family residence including three bedrooms, two bathrooms and an ancillary structure consisting of a guest house. This guest house has two one-bedroom units each having a bathroom and a kitchen.
This is currently a Medium Density Residential Zone (R-4) and they’re looking to acquire a Medium Density Residential (RM) designation, intended for parcels that are best suited for multifamily residential uses ranging in density from 6.5 to 12 dwelling units per acre. Limited commercial uses intended to serve the residential uses shall be allowed.
Staff recommends that the City Commission approve the request with the following conditions:
1) The applicant identifies the maximum occupancy of the unit, insuring 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 (available from Code Enforcement) for renters regarding local rules and public service resources to minimize conflicts;
4) The applicant may be required to obtain a Change of Use permit through the Building Department and receive Certificate of Completion, prior to filing for St. Lucie County & Fort Pierce Business Tax Licenses; and
5) Limit occupancy based on the number of bedrooms, and no more than 2 vehicles (one vehicle per unit).
Commissioner Alexander inquired about the stipulated parking conditions and about the guide booklets. While Commissioner Alexander felt it was the property owner’s responsibility to let their patrons know what can and can’t be done rather than our Code Enforcement department doing so via a booklet. Commissioner Perona stated because there are vacationers from out of our area that this would be a benefit and he feels it would save City staff time from having to correct matters that would otherwise go awry. Commissioner Sessions also agreed with Commissioner Alexander. Mr. Gilmore mentioned guide booklets were issued for other vacation rentals as well.
Mayor Hudson opened the Public Hearing.
Kevin Deese, the applicant, stepped forward to answer any questions the City Commission members might have.
Cathy Weslenko was in support of the applicant, as his neighbor. She said she was happy Mr. Deese purchased the historic property and of his intentions of attracting people to our City.
Kelvin Ned, the neighbor behind Mr. Deese’s property, was also in support in the applicant and expressed he’d like to do something similar in the future.
Michael McLeod, also a neighbor, was in support of the applicant. He felt this sort of business allowed visitors to see there is more to Fort Pierce.
Seeing no one else, the Mayor closed the Public Hearing.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Rufus Alexander to approve item 12 b with staff conditions.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
c.
Quasi-Judicial Hearing - Review and approval of an application for a Conditional Use with No New Construction, submitted by Property Owner, Raul Arenas and Applicant, Andrew Drucker to operate a Dwelling Rental, offering lodging for less than six (6) months with a minimum rental period of one (1) month, at 1218 S. 11th Street, Fort Pierce, FL. The property is zoned R-1, Single-Family Low Density Zone (Parcel ID 2415-703-0063-000-7). PLEASE POSTPONE TO FEBRUARY 5, 2018.
This quasi-judicial hearing has been postponed to February 5, 2018.
This quasi-judicial hearing has been postponed to February 5, 2018.
d.
Legislative Hearing - Ordinance 18-001 Eliminating the Time of City Commission Meetings from the Code of Ordinances. FIRST READING
City Clerk, Linda Cox, introduced the ordinance, read by title only, into the record.
ORDINANCE NO. 18-001 - AN ORDINANCE AMENDING THE PROVISIONS OF FORT PIERCE CODE OF ORDINANCES CHAPTER 2, ARTICLE II, DIVISION 2, SECTIONS 2-27, ELIMINATING THE TIME OF CITY COMMISSION MEETINGS; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
Mr. James Messer, City Attorney, drafted an ordinance amending the hours of the Commission Meetings allowing for flexibility of the times the Commission would like to be able to pick meeting times. Additionally, he mentioned the term “Regular Commission Meeting” could be amended to say “Commission Meeting”. Commissioner Johnson asked if there was a specific reason to have the Commission Meetings on the first and third Monday of the month. Mr. Messer mentioned this could be amended at the Commission’s request to say “twice a month” versus the aforementioned Mondays. Mr. Messer clarified it’d be better to approve this as a resolution in the future rather than an ordinance in order to be able to change it at the Commission’s request.
Mayor Hudson opened the Public Hearing.
Seeing no one, the Mayor closed the Public Hearing.
City Clerk, Linda Cox, introduced the ordinance, read by title only, into the record.
ORDINANCE NO. 18-001 - AN ORDINANCE AMENDING THE PROVISIONS OF FORT PIERCE CODE OF ORDINANCES CHAPTER 2, ARTICLE II, DIVISION 2, SECTIONS 2-27, ELIMINATING THE TIME OF CITY COMMISSION MEETINGS; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
Mr. James Messer, City Attorney, drafted an ordinance amending the hours of the Commission Meetings allowing for flexibility of the times the Commission would like to be able to pick meeting times. Additionally, he mentioned the term “Regular Commission Meeting” could be amended to say “Commission Meeting”. Commissioner Johnson asked if there was a specific reason to have the Commission Meetings on the first and third Monday of the month. Mr. Messer mentioned this could be amended at the Commission’s request to say “twice a month” versus the aforementioned Mondays. Mr. Messer clarified it’d be better to approve this as a resolution in the future rather than an ordinance in order to be able to change it at the Commission’s request.
Mayor Hudson opened the Public Hearing.
Seeing no one, the Mayor closed the Public Hearing.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Jeremiah Johnson to approve item 12 d.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona
- NAY:
- Commissioner Reginald Sessions
Passed
e.
Legislative Hearing - Ordinance 18-002 Eliminating the Alternate Position on the Planning Board. FIRST READING
City Clerk, Linda Cox, introduced the ordinance, read by title only, into the record.
ORDINANCE NO. 18-002 - AN ORDINANCE AMENDING THE PROVISIONS OF FORT PIERCE CODE OF ORDINANCES CHAPTER 2, ARTICLE XII, SECTIONS 2-221, ELIMINATING THE ALTERNATE MEMBER OF THE PLANNING BOARD; 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, the Mayor closed the Public Hearing.
City Clerk, Linda Cox, introduced the ordinance, read by title only, into the record.
ORDINANCE NO. 18-002 - AN ORDINANCE AMENDING THE PROVISIONS OF FORT PIERCE CODE OF ORDINANCES CHAPTER 2, ARTICLE XII, SECTIONS 2-221, ELIMINATING THE ALTERNATE MEMBER OF THE PLANNING BOARD; 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, the Mayor closed the Public Hearing.
Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Jeremiah Johnson to approve Item 12 e.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
f.
Legislative Hearing - Ordinance 18-003 Amending Chapter 18 to provide for the acceptance of letters of credit to secure site improvements. FIRST READING
City Clerk, Linda Cox, introduced the ordinance, read by title only, into the record.
ORDINANCE NO. 18-003 - AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FORT PIERCE, FLORIDA CHAPTER 18, SECTIONS 18-12(a)(2)(b) and 18-13, PROVIDING FOR ACCEPTANCE OF A LETTER OF CREDIT TO SECURE ESTIMATED COSTS OF IMPROVEMENTS TO A SITE; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
Brandon Creagan, Planning Analyst, mentioned in an effort to be business friendly, staff is recommending a proposed change to Chapter 18-12(a) and (b) and Chapter 18-13 of the City of Fort Pierce Code of Ordinances to include the acceptance of a letter of credit to secure the estimated costs of improvements for developments. Currently only cash and/or surety bonds can be accepted. Staff recommends the City Commission approve Ordinance 18-003 for the proposed change to the City code. Mr. Creagan explained this was prompted as a result of an applicant from Inlet Palms coming in and wanting a letter of credit. It was also a past practice of the former City Attorney to accept letters of credit.
Mayor Hudson opened the Public Hearing.
Seeing no one, the Mayor closed the Public Hearing.
City Clerk, Linda Cox, introduced the ordinance, read by title only, into the record.
ORDINANCE NO. 18-003 - AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FORT PIERCE, FLORIDA CHAPTER 18, SECTIONS 18-12(a)(2)(b) and 18-13, PROVIDING FOR ACCEPTANCE OF A LETTER OF CREDIT TO SECURE ESTIMATED COSTS OF IMPROVEMENTS TO A SITE; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
Brandon Creagan, Planning Analyst, mentioned in an effort to be business friendly, staff is recommending a proposed change to Chapter 18-12(a) and (b) and Chapter 18-13 of the City of Fort Pierce Code of Ordinances to include the acceptance of a letter of credit to secure the estimated costs of improvements for developments. Currently only cash and/or surety bonds can be accepted. Staff recommends the City Commission approve Ordinance 18-003 for the proposed change to the City code. Mr. Creagan explained this was prompted as a result of an applicant from Inlet Palms coming in and wanting a letter of credit. It was also a past practice of the former City Attorney to accept letters of credit.
Mayor Hudson opened the Public Hearing.
Seeing no one, the Mayor closed the Public Hearing.
Motion was made by Commissioner Reginald Sessions, seconded by Commissioner Thomas Perona to approve item 12 f.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
13.
CITY COMMISSION
a.
Resolution 18-R02 initiating the ISBA Interlocal Agreement process with St. Lucie County.
City Clerk, Linda Cox, introduced the resolution, read by title only, into the record.
RESOLUTION NO. 18-R02 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, PURSUANT TO CHAPTER 171, PART II, FLORIDA STATUTES, THE INTERLOCAL SERVICE BOUNDARY AGREEMENT ACT, INITIATING THE PROCESS PROVIDED FOR THE PURPOSE OF ADDRESSING THE ISSUES MORE PARTICULARLY SET FORTH THEREIN; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE.
Rebecca Grohall, Planning Director, explained the ISBA process would allow the City of Fort Pierce and the County the opportunity to negotiate and agree upon the transition of services including roads, schools, parks, stormwater, street lighting, etc. It would serve as a catch-all mechanism and when or if approved would be transmitted to St. Lucie County for their consideration.
Commissioner Sessions was concerned about this not being a “smoke-screen” and encouraged this to be something that was enforced and insure the County was indeed onboard. Ms. Grohall assured the Commissioner that City staff had already met with the County at least two or three times and while a resolution is a policy guidance document, Florida Statue outlines this process step-by-step, mentioning in order to get to the ISBA agreement, the initiating resolution has to go through first. Once this is done, City staff will follow-up with St. Lucie County.
City Clerk, Linda Cox, introduced the resolution, read by title only, into the record.
RESOLUTION NO. 18-R02 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, PURSUANT TO CHAPTER 171, PART II, FLORIDA STATUTES, THE INTERLOCAL SERVICE BOUNDARY AGREEMENT ACT, INITIATING THE PROCESS PROVIDED FOR THE PURPOSE OF ADDRESSING THE ISSUES MORE PARTICULARLY SET FORTH THEREIN; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE.
Rebecca Grohall, Planning Director, explained the ISBA process would allow the City of Fort Pierce and the County the opportunity to negotiate and agree upon the transition of services including roads, schools, parks, stormwater, street lighting, etc. It would serve as a catch-all mechanism and when or if approved would be transmitted to St. Lucie County for their consideration.
Commissioner Sessions was concerned about this not being a “smoke-screen” and encouraged this to be something that was enforced and insure the County was indeed onboard. Ms. Grohall assured the Commissioner that City staff had already met with the County at least two or three times and while a resolution is a policy guidance document, Florida Statue outlines this process step-by-step, mentioning in order to get to the ISBA agreement, the initiating resolution has to go through first. Once this is done, City staff will follow-up with St. Lucie County.
Motion was made by Commissioner Reginald Sessions, seconded by Commissioner Jeremiah Johnson to approve item 13 a.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
14.
COMMENTS FROM THE PUBLIC
Claude Facey
Charles Chester
Claude Facey
Charles Chester
15.
COMMENTS FROM THE CITY MANAGER
Mr. Nicholas Mimms, City Manager, expressed he has a meeting scheduled with County representatives, as well as Pastor Hazel Hoylman and City staff to discuss the possibility of the location at 505 N. 7th Street potentially becoming a homeless resource center. Regarding the additional lighting for 25th Street/Martin Luther King Jr. Blvd., the City Engineer, Jack Andrews, evaluated this and found the need resided at the intersection of Avenue D and this will be addressed. Mr. Mimms added the Martin Luther King, Jr. Parade that took place on January 15, 2018 was a success and he thanked all the City Commission members for attending and participating.
Mr. James Messer, City Attorney, and the Planning Director, Rebecca Grohall were able to arrange a training session with attorney James White with Weiss, Serota, Helfman, Cole & Bierman, P.L. for members of the Planning Board. Mr. White is the firm's Municipal Planning and Land Use Group attorney focusing in the areas of land use and zoning, comprehensive planning, general municipal, administrative and constitutional law. In addition to his law degree, Mr. White has a master's degree in Urban and Regional Planning from the University of New Orleans. He is Board Certified by the Florida Bar in City, County and Local Government Law. Mr. Messer mentioned he and Ms. Grohall are trying to acquire the best people to educate our Planning Board so they can make the best possible suggestions to the City Commission. Mr. Messer also said they will be making every effort for another person from the aforementioned firm to speak at the next Conference Agenda.
On January 23, 2018 the Charter Review Commission will also meet to work on presenting some workable and realistic proposals for positive change to accommodate both the interests of the FPUA and the City.
Mr. Nicholas Mimms, City Manager, expressed he has a meeting scheduled with County representatives, as well as Pastor Hazel Hoylman and City staff to discuss the possibility of the location at 505 N. 7th Street potentially becoming a homeless resource center. Regarding the additional lighting for 25th Street/Martin Luther King Jr. Blvd., the City Engineer, Jack Andrews, evaluated this and found the need resided at the intersection of Avenue D and this will be addressed. Mr. Mimms added the Martin Luther King, Jr. Parade that took place on January 15, 2018 was a success and he thanked all the City Commission members for attending and participating.
Mr. James Messer, City Attorney, and the Planning Director, Rebecca Grohall were able to arrange a training session with attorney James White with Weiss, Serota, Helfman, Cole & Bierman, P.L. for members of the Planning Board. Mr. White is the firm's Municipal Planning and Land Use Group attorney focusing in the areas of land use and zoning, comprehensive planning, general municipal, administrative and constitutional law. In addition to his law degree, Mr. White has a master's degree in Urban and Regional Planning from the University of New Orleans. He is Board Certified by the Florida Bar in City, County and Local Government Law. Mr. Messer mentioned he and Ms. Grohall are trying to acquire the best people to educate our Planning Board so they can make the best possible suggestions to the City Commission. Mr. Messer also said they will be making every effort for another person from the aforementioned firm to speak at the next Conference Agenda.
On January 23, 2018 the Charter Review Commission will also meet to work on presenting some workable and realistic proposals for positive change to accommodate both the interests of the FPUA and the City.
16.
COMMENTS FROM THE COMMISSION
Commissioner Alexander said he enjoyed the Martin Luther King, Jr. parade.
Commissioner Perona would like to have more information be provided on large change orders that are on the Consent Agenda and when it meets a certain threshold, it could possibly go on the agenda having its own item so that it can be discussed. He congratulated the Lion’s Club for their 5k and Half Marathon event, as well as, our City staff who either participated in the runs or volunteered at a water station. Commissioner Perona mentioned he’s gotten really positive feedback from people that have returned to Fort Pierce and have said they’ve seen the City take a positive turn and that has made him very proud. Additionally, he wanted to make sure we are aware as a City of what our obligations are for constituents so that we can accommodate historical businesses so they may continue to make this City great.
Commissioner Sessions mentioned sometimes as a people it’s difficult to accept change. As we grow and become more inter-city as opposed to being suburban, we will need to accept changes so that our City can continue to grow and expand. However, it is his hope that, even though our business customs have changed, that our friendly atmosphere within our City does not change. Commissioner Sessions also enjoyed the Martin Luther King Jr. parade. He congratulated the Commemorative Committee for their efforts.
Commissioner Johnson also agreed with Commissioner Sessions and said he believes valet parking could be coming soon to our City. He reminded the public that we have a Job Fair on January 31, 2018. There will be over 100 vendors at the Fenn Center and other cities will be coming to the City of Fort Pierce to participate. He commended staff for their efforts in assisting with getting the Immunotek business up and running. Commissioner Johnson would like to revise the City Manager’s $10,000 spending limit which is outdated. He would like to increase this number to further our City’s interests.
Mayor Hudson mentioned there will be a presentation on letting Vero Beach out of the FMPA contract on March 6, 2018. Currently, they have voted on reducing the PCA to 0. Coffee with the Mayor is on Friday, January 19, 2018 and New Horizons will be the sponsor. The Farmer’s Market celebrates its 21st birthday. The School District let us know our graduation rates have increased and the City of Fort Pierce is now the best in the Treasure Coast and 5th in the State of Florida.
Commissioner Alexander said he enjoyed the Martin Luther King, Jr. parade.
Commissioner Perona would like to have more information be provided on large change orders that are on the Consent Agenda and when it meets a certain threshold, it could possibly go on the agenda having its own item so that it can be discussed. He congratulated the Lion’s Club for their 5k and Half Marathon event, as well as, our City staff who either participated in the runs or volunteered at a water station. Commissioner Perona mentioned he’s gotten really positive feedback from people that have returned to Fort Pierce and have said they’ve seen the City take a positive turn and that has made him very proud. Additionally, he wanted to make sure we are aware as a City of what our obligations are for constituents so that we can accommodate historical businesses so they may continue to make this City great.
Commissioner Sessions mentioned sometimes as a people it’s difficult to accept change. As we grow and become more inter-city as opposed to being suburban, we will need to accept changes so that our City can continue to grow and expand. However, it is his hope that, even though our business customs have changed, that our friendly atmosphere within our City does not change. Commissioner Sessions also enjoyed the Martin Luther King Jr. parade. He congratulated the Commemorative Committee for their efforts.
Commissioner Johnson also agreed with Commissioner Sessions and said he believes valet parking could be coming soon to our City. He reminded the public that we have a Job Fair on January 31, 2018. There will be over 100 vendors at the Fenn Center and other cities will be coming to the City of Fort Pierce to participate. He commended staff for their efforts in assisting with getting the Immunotek business up and running. Commissioner Johnson would like to revise the City Manager’s $10,000 spending limit which is outdated. He would like to increase this number to further our City’s interests.
Mayor Hudson mentioned there will be a presentation on letting Vero Beach out of the FMPA contract on March 6, 2018. Currently, they have voted on reducing the PCA to 0. Coffee with the Mayor is on Friday, January 19, 2018 and New Horizons will be the sponsor. The Farmer’s Market celebrates its 21st birthday. The School District let us know our graduation rates have increased and the City of Fort Pierce is now the best in the Treasure Coast and 5th in the State of Florida.
17.
ADJOURNMENT
ATTEST:
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CITY CLERK
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MAYOR COMMISSIONER
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