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, FEBRUARY 20, 2018.
1.
CALL TO ORDER
OPENING PRAYER - Pastor Hazel Hoylman, In The Image of Christ Church
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 February 5, 2018 meeting.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Jeremiah Johnson to approve item 5 a.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
6.
PROCLAMATIONS - There were no proclamations issued.
7.
LETTERS TO COMMISSION - There were no letters.
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
Mayor Hudson asked that item 11 j be moved up to the first item discussed under Public Hearings.
Nicholas Mimms, City Manager, asked for the City Commission to consider adding a letter of commitment and support for the St. Lucie County Oxbow Eco-Center application for funding for the St. Lucie Water Champions Initiative.
Mayor Hudson asked that item 11 j be moved up to the first item discussed under Public Hearings.
Nicholas Mimms, City Manager, asked for the City Commission to consider adding a letter of commitment and support for the St. Lucie County Oxbow Eco-Center application for funding for the St. Lucie Water Champions Initiative.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Reginald Sessions approve the agenda with the following amendments: to discuss item 11 j first under Public Hearings and add the letter of support for the St. Lucie County Oxbow Eco-Center as item 13 f.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
10.
MISCELLANEOUS REPORTS
a.
St. Lucie County Public School Update on Graduation Rates - Superintendent Wayne Gent
Superintendent, Wayne Gent, gave an update which included St. Lucie Public Schools have gone from ranking 45th in the State in 2014-2015 to 13th during the 2015-2016 school year to currently 5th in the State of Florida for the 2016-2017 school year.
Superintendent, Wayne Gent, gave an update which included St. Lucie Public Schools have gone from ranking 45th in the State in 2014-2015 to 13th during the 2015-2016 school year to currently 5th in the State of Florida for the 2016-2017 school year.
b.
Update on the Energy Performance Savings Contract with Con Edison.
Jeff Wycoff, Program Manager of Infrastructure Renewal and Energy Services with Con Edison Solutions, provided an update which indicated the project mission was accomplished and the savings were realized.
Jeff Wycoff, Program Manager of Infrastructure Renewal and Energy Services with Con Edison Solutions, provided an update which indicated the project mission was accomplished and the savings were realized.
11.
CONSENT AGENDA - There was no Consent Agenda.
12.
PUBLIC HEARINGS
a.
Quasi-Judicial Hearing (waived) - 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). Postponed from February 5, 2018.
Ms. Linda Cox, City Clerk, stated the applicant waived their right to a quasi-judicial hearing.
Vennis Gilmore, Planning Analyst, provided a presentation on the application for conditional use seeking the operation of a dwelling rental for less than six months with a minimum rental of one month. Ms. Grohall confirmed that a traffic study was not conducted since it is a neighborhood and not a commercial area.
Mayor Hudson opened the public hearing.
Mike Menard, president of the Hibiscus Park Neighborhood Association and Crime Watch spoke in opposition citing concerns with diminishing property values, setting precedence, ongoing problems with speeding in the neighborhood, lack of proximity to attractions and restaurants,
Andy Drucker, applicant on behalf of the owner Mr. Arenas, spoke in support indicating that if the use is not approved, the home will likely remain vacant. The statements by the prior speaker assume that if approved, something bad will happen. The owner’s target audience is retirees. The applicant indicated that a property manager will be available and accessible at all times.
Kia Fontaine spoke in opposition indicating that the neighborhood lacks sidewalks and connectivity to restaurants and other activities. There is also a school just across from the property, Dan McCarty Middle School, where many students walk. Commissioner Johnson clarified that this property is caddy-corner to Dan McCarty. Ms. Grohall confirmed for Commissioner Sessions that 49 letters went out and only two were returned.
Mike Menard indicated that many of the neighbors did not understand the notification letters that they received and therefore did not return them.
Mr. Messer clarified that this hearing is no longer a quasi-judicial hearing since it was waived, but rather a legislative hearing. This is important because there are different standards and under a legislative hearing, the standard is now rational basis rather than substantial competent evidence. Staff confirmed with an aerial view of the property that sidewalks in the area were absent.
Eric Winterstein indicated that if this property owner is bringing people in and out every month with a school right there, how can we be assured that a sexual predator is not renting the property. Additionally, the police department is well aware of the speeding problem in the neighborhood and the fact that owners were offering their driveways for the police to utilize to observe the area.
Andy Drucker, applicant, thought that if there was a bad incident, the City Commission could revoke the conditional use approval.
Clay Yates spoke in opposition and this rationally makes no sense.
Mayor Hudson closed the public hearing.
Commission discussion included the limitations imposed by the state legislature on the City with regard to regulation of vacation rentals, an extensive discussion on the close proximity between the property and the school and the problems that might spring therefrom; lack of connectivity to other attractions due to the lack of sidewalks; testimony about the history of speeding in the area and the fact that homeowners offered up their driveways to curb speeding; and the inability to satisfy the requirement of a resident manager.
Vennis Gilmore, Planning Analyst, provided a presentation on the application for conditional use seeking the operation of a dwelling rental for less than six months with a minimum rental of one month. Ms. Grohall confirmed that a traffic study was not conducted since it is a neighborhood and not a commercial area.
Mayor Hudson opened the public hearing.
Mike Menard, president of the Hibiscus Park Neighborhood Association and Crime Watch spoke in opposition citing concerns with diminishing property values, setting precedence, ongoing problems with speeding in the neighborhood, lack of proximity to attractions and restaurants,
Andy Drucker, applicant on behalf of the owner Mr. Arenas, spoke in support indicating that if the use is not approved, the home will likely remain vacant. The statements by the prior speaker assume that if approved, something bad will happen. The owner’s target audience is retirees. The applicant indicated that a property manager will be available and accessible at all times.
Kia Fontaine spoke in opposition indicating that the neighborhood lacks sidewalks and connectivity to restaurants and other activities. There is also a school just across from the property, Dan McCarty Middle School, where many students walk. Commissioner Johnson clarified that this property is caddy-corner to Dan McCarty. Ms. Grohall confirmed for Commissioner Sessions that 49 letters went out and only two were returned.
Mike Menard indicated that many of the neighbors did not understand the notification letters that they received and therefore did not return them.
Mr. Messer clarified that this hearing is no longer a quasi-judicial hearing since it was waived, but rather a legislative hearing. This is important because there are different standards and under a legislative hearing, the standard is now rational basis rather than substantial competent evidence. Staff confirmed with an aerial view of the property that sidewalks in the area were absent.
Eric Winterstein indicated that if this property owner is bringing people in and out every month with a school right there, how can we be assured that a sexual predator is not renting the property. Additionally, the police department is well aware of the speeding problem in the neighborhood and the fact that owners were offering their driveways for the police to utilize to observe the area.
Andy Drucker, applicant, thought that if there was a bad incident, the City Commission could revoke the conditional use approval.
Clay Yates spoke in opposition and this rationally makes no sense.
Mayor Hudson closed the public hearing.
Commission discussion included the limitations imposed by the state legislature on the City with regard to regulation of vacation rentals, an extensive discussion on the close proximity between the property and the school and the problems that might spring therefrom; lack of connectivity to other attractions due to the lack of sidewalks; testimony about the history of speeding in the area and the fact that homeowners offered up their driveways to curb speeding; and the inability to satisfy the requirement of a resident manager.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Reginald Sessions to deny item 12a.
- AYE:
- Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
- NAY:
- Mayor Linda Hudson, Commissioner Rufus Alexander
Passed
b.
Quasi-Judicial Hearing (waived) - Review and approval of an application for a Conditional Use with No New Construction, submitted by Property Owners, Fay and Frank Tomaino and Applicant, Coldwell Banker Paradise to operate a Dwelling Rental, offering lodging for less than six (6) months with a minimum rental period of one (1) month, at 41 Winghaven Lane, Fort Pierce, FL. The property is zoned R-4A, Hutchinson Island Medium Density Residential Zone (Parcel ID 2507-713-0028-000-3).
Rebecca Grohall, Planning Manager, requested the City Clerk read items 12 b through 12 e as they were all under the same presentation for the same representative of the applicants, Coldwell Banker Paradise.
Linda Cox, City Clerk, mentioned the applicant waived their right to a Quasi-Judicial hearing for items 12 b, 12 c, 12 d, and 12 e.
Vennis Gilmore, Planner, expressed the the Planning Board voted unanimously to recommend approval. Staff recommends that the City Commission approve the request with the following conditions:
1) The maximum occupancy of the home does not exceed six (6) individuals; ensuring compliance with City Code Section 8.5-43. - Required space in dwelling units, based upon the size of each unit;
2) Registration of the property manager accessible at all times, to resolve complaints or violations of City Code;
3) Issuance of guide booklets (available from Code Enforcement) for renters regarding local rules and public service resources to minimize conflicts; and
4) The applicant files for and obtains St. Lucie County & City of Fort Pierce Business Tax Licenses within thirty (30) days of Conditional Use approval.
5) Limit no more than 2 vehicles.
Mayor Hudson opened the Public Hearing for items 12 b, 12 c, 12 d, and 12 e.
Seeing no one, the Mayor closed the Public Hearing.
Rebecca Grohall, Planning Manager, requested the City Clerk read items 12 b through 12 e as they were all under the same presentation for the same representative of the applicants, Coldwell Banker Paradise.
Linda Cox, City Clerk, mentioned the applicant waived their right to a Quasi-Judicial hearing for items 12 b, 12 c, 12 d, and 12 e.
Vennis Gilmore, Planner, expressed the the Planning Board voted unanimously to recommend approval. Staff recommends that the City Commission approve the request with the following conditions:
1) The maximum occupancy of the home does not exceed six (6) individuals; ensuring compliance with City Code Section 8.5-43. - Required space in dwelling units, based upon the size of each unit;
2) Registration of the property manager accessible at all times, to resolve complaints or violations of City Code;
3) Issuance of guide booklets (available from Code Enforcement) for renters regarding local rules and public service resources to minimize conflicts; and
4) The applicant files for and obtains St. Lucie County & City of Fort Pierce Business Tax Licenses within thirty (30) days of Conditional Use approval.
5) Limit no more than 2 vehicles.
Mayor Hudson opened the Public Hearing for items 12 b, 12 c, 12 d, and 12 e.
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 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 (waived) - Review and approval of an application for a Conditional Use with No New Construction, submitted by Property Owner, Tom Kennedy and Applicant, Coldwell Banker Paradise to operate a Dwelling Rental, offering lodging for less than six (6) months with a minimum rental period of one (1) month, at 50 Southstar Drive, Fort Pierce, FL. The property is zoned R-4A, Hutchinson Island Medium Density Residential Zone (Parcel ID 2507-713-0020-000-7).
Staff recommends that the City Commission approve the request with the following conditions:
1) The maximum occupancy of the home does not exceed six (6) individuals; ensuring compliance with City Code Section 8.5-43. - Required space in dwelling units, based upon the size of each unit;
2) Registration of the property manager accessible at all times, to resolve complaints or violations of City Code;
3) Issuance of guide booklets (available from Code Enforcement) for renters regarding local rules and public service resources to minimize conflicts; and
4) The applicant files for and obtains St. Lucie County & City of Fort Pierce Business Tax Licenses within thirty (30) days of Conditional Use approval.
5) Limit no more than 2 vehicles.
Staff recommends that the City Commission approve the request with the following conditions:
1) The maximum occupancy of the home does not exceed six (6) individuals; ensuring compliance with City Code Section 8.5-43. - Required space in dwelling units, based upon the size of each unit;
2) Registration of the property manager accessible at all times, to resolve complaints or violations of City Code;
3) Issuance of guide booklets (available from Code Enforcement) for renters regarding local rules and public service resources to minimize conflicts; and
4) The applicant files for and obtains St. Lucie County & City of Fort Pierce Business Tax Licenses within thirty (30) days of Conditional Use approval.
5) Limit no more than 2 vehicles.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Reginald Sessions to approve item 12 c with staff conditions.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
d.
Quasi-Judicial Hearing (waived) - Review and approval of an application for a Conditional Use with No New Construction, submitted by Property Owners, Vicki and Gary Mitchell and Applicant, Coldwell Banker Paradise to operate a Dwelling Rental, offering lodging for less than six (6) months with a minimum rental period of one (1) month, at 401 Southstar Drive, Fort Pierce, FL. The property is zoned R-4A, Hutchinson Island Medium Density Residential Zone (Parcel ID 2518-666-0048-000-0).
Staff recommends that the City Commission approve the request with the following conditions:
1) The maximum occupancy of the home does not exceed six (6) individuals; ensuring compliance with City Code Section 8.5-43. - Required space in dwelling units, based upon the size of each unit;
2) Registration of the property manager accessible at all times, to resolve complaints or violations of City Code;
3) Issuance of guide booklets (available from Code Enforcement) for renters regarding local rules and public service resources to minimize conflicts; and
4) The applicant files for and obtains St. Lucie County & City of Fort Pierce Business Tax Licenses within thirty (30) days of Conditional Use approval.
5) Limit no more than 2 vehicles.
Staff recommends that the City Commission approve the request with the following conditions:
1) The maximum occupancy of the home does not exceed six (6) individuals; ensuring compliance with City Code Section 8.5-43. - Required space in dwelling units, based upon the size of each unit;
2) Registration of the property manager accessible at all times, to resolve complaints or violations of City Code;
3) Issuance of guide booklets (available from Code Enforcement) for renters regarding local rules and public service resources to minimize conflicts; and
4) The applicant files for and obtains St. Lucie County & City of Fort Pierce Business Tax Licenses within thirty (30) days of Conditional Use approval.
5) Limit no more than 2 vehicles.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to approve item 12 d with staff conditions.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
e.
Quasi-Judicial Hearing (waived) - Review and approval of an application for a Conditional Use with No New Construction, submitted by Applicant, Coldwell Banker Paradise to operate eleven (11) Dwelling Rentals, offering lodging for less than six (6) months with a minimum rental period of one (1) month, at 2400 S. Ocean Drive, Fort Pierce, FL. The properties are zoned R-4A, Hutchinson Island Medium Density Residential Zone (Parcel ID(s) 2507-888-0014-000-1, 2507-888-0017-000-2, 2507-888-0020-000-6, 2507-888-0020-000-6, 2507-888-0063-000-9, 2507-888-0056-000-7, 2507-888-0051-000-2, 2507-714-0024-000-8, 2507-714-0022-000-4, 2507-714-0017-000-6, 2507-714-0007-000-3, 2518-666-0045-000-9).
Staff recommends that the City Commission approve the request with the following conditions:
1) The maximum occupancy of the home does not exceed four (4) individuals; ensuring compliance with City Code Section 8.5-43. - Required space in dwelling units, based upon the size of each unit;
2) Registration of the property manager accessible at all times, to resolve complaints or violations of City Code;
3) Issuance of guide booklets (available from Code Enforcement) for renters regarding local rules and public service resources to minimize conflicts; and
4) The applicant files for and obtains St. Lucie County & City of Fort Pierce Business Tax Licenses within thirty (30) days of Conditional Use approval.
5) Limit no more than 2 vehicles.
Staff recommends that the City Commission approve the request with the following conditions:
1) The maximum occupancy of the home does not exceed four (4) individuals; ensuring compliance with City Code Section 8.5-43. - Required space in dwelling units, based upon the size of each unit;
2) Registration of the property manager accessible at all times, to resolve complaints or violations of City Code;
3) Issuance of guide booklets (available from Code Enforcement) for renters regarding local rules and public service resources to minimize conflicts; and
4) The applicant files for and obtains St. Lucie County & City of Fort Pierce Business Tax Licenses within thirty (30) days of Conditional Use approval.
5) Limit no more than 2 vehicles.
Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Reginald Sessions to approve item 12e with staff conditions.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
f.
Quasi-Judicial Hearing (waived) - Review and approval of an application for a Conditional Use with No New Construction, submitted by Property Owners, Michael McLeod and Cathy Wassylenko to operate a Dwelling Rental, offering lodging for less than six (6) months with a minimum rental period of one (1) month, at 820 Atlantic Avenue, Fort Pierce, FL. The property is zoned R-3, Single-Family Moderate Density Zone (Parcel ID 2410-706-0020-000-8).
Linda Cox, City Clerk, mentioned the applicant waived their right to a Quasi-Judicial hearing for items 12 f and 12 g.
Vennis Gilmore, Planner, expressed all affected City Departments have reviewed the proposed Conditional Uses and have provided approval with conditions based on compliance with requirements of the City Code. The Planning Board voted unanimously to recommend approval. Staff recommends that the City Commission approve the request with the following conditions:
1) The maximum occupancy of the home does not exceed four (4) individuals; ensuring compliance with City Code Section 8.5-43. - Required space in dwelling units, based upon the size of each unit;
2) Registration of the property manager accessible at all times, to resolve complaints or violations of City Code;
3) Issuance of guide booklets (available from Code Enforcement) for renters regarding local rules and public service resources to minimize conflicts; and
4) The applicant files for and obtains St. Lucie County & City of Fort Pierce Business Tax Licenses within thirty (30) days of Conditional Use approval.
5) Limit no more than 2 vehicles.
Mayor Hudson opened the Public Hearing for items 12 f and 12 g.
Michael McLeod and Cathy Wassylenko presented themselves to the City Commission to say they were looking forward to contributing to the community by means of restoring these properties to their natural state, thereby retaining their rich history.
Seeing no one else, the Mayor closed the Public Hearing.
Linda Cox, City Clerk, mentioned the applicant waived their right to a Quasi-Judicial hearing for items 12 f and 12 g.
Vennis Gilmore, Planner, expressed all affected City Departments have reviewed the proposed Conditional Uses and have provided approval with conditions based on compliance with requirements of the City Code. The Planning Board voted unanimously to recommend approval. Staff recommends that the City Commission approve the request with the following conditions:
1) The maximum occupancy of the home does not exceed four (4) individuals; ensuring compliance with City Code Section 8.5-43. - Required space in dwelling units, based upon the size of each unit;
2) Registration of the property manager accessible at all times, to resolve complaints or violations of City Code;
3) Issuance of guide booklets (available from Code Enforcement) for renters regarding local rules and public service resources to minimize conflicts; and
4) The applicant files for and obtains St. Lucie County & City of Fort Pierce Business Tax Licenses within thirty (30) days of Conditional Use approval.
5) Limit no more than 2 vehicles.
Mayor Hudson opened the Public Hearing for items 12 f and 12 g.
Michael McLeod and Cathy Wassylenko presented themselves to the City Commission to say they were looking forward to contributing to the community by means of restoring these properties to their natural state, thereby retaining their rich history.
Seeing no one else, the Mayor closed the Public Hearing.
Motion was made by Commissioner Reginald Sessions, seconded by Commissioner Thomas Perona to approve item 12 f with staff conditions.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
g.
Quasi-Judicial Hearing (waived) - Review and approval of an application for a Conditional Use with No New Construction, submitted by Applicant, Michael McLeod to operate a Dwelling Rental, offering lodging for less than six (6) months with a minimum rental period of one (1) month, at 808 Atlantic Avenue, Fort Pierce, FL. The property is zoned R-3, Single-Family Moderate Density Zone (Parcel ID 2410-706-0021-000-5).
The Planning Board voted unanimously to recommend approval. Staff recommends that the City Commission approve the request with the following conditions:
1) The maximum occupancy of the home does not exceed four (4) individuals; ensuring compliance with City Code Section 8.5-43. - Required space in dwelling units, based upon the size of each unit;
2) Registration of the property manager accessible at all times, to resolve complaints or violations of City Code;
3) Issuance of guide booklets (available from Code Enforcement) for renters regarding local rules and public service resources to minimize conflicts; and
4) The applicant files for and obtains St. Lucie County & City of Fort Pierce Business Tax Licenses within thirty (30) days of Conditional Use approval.
5) Limit no more than 2 vehicles.
The Planning Board voted unanimously to recommend approval. Staff recommends that the City Commission approve the request with the following conditions:
1) The maximum occupancy of the home does not exceed four (4) individuals; ensuring compliance with City Code Section 8.5-43. - Required space in dwelling units, based upon the size of each unit;
2) Registration of the property manager accessible at all times, to resolve complaints or violations of City Code;
3) Issuance of guide booklets (available from Code Enforcement) for renters regarding local rules and public service resources to minimize conflicts; and
4) The applicant files for and obtains St. Lucie County & City of Fort Pierce Business Tax Licenses within thirty (30) days of Conditional Use approval.
5) Limit no more than 2 vehicles.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Rufus Alexander to approve item 12 g with staff conditions.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
h.
Legislative Hearing - Review and Approval of Proposed Developer's Agreement between Lally Development Inc., a Florida corporation and the City of Fort Pierce, a Florida municipal corporation pertaining to release of funds held as surety for incomplete infrastructure improvements required for the Magnolia Square Planned Development and associated subdivision.
Kori Benton, Senior Planner, stated the subject property is 20.2 acres in overall size. The new developer who took over in 2015, is seeking to complete the infrastructure of this residential development working with another developer to complete the project in its entirety.
The proposed Development Agreement has been reviewed and accepted by Planning & Engineering staff, as well as the Economic Development Team, therefore, staff recommends approval of the agreement as presented with disbursement eligibility after each phase.
Mayor Hudson opened the Public Hearing.
The representative, Nicholas Burden, mentioned the HOA is responsible for the maintenance of the community’s amenities. He said the residents are exited for this development.
Seeing no one else, the Mayor closed the Public Hearing.
Kori Benton, Senior Planner, stated the subject property is 20.2 acres in overall size. The new developer who took over in 2015, is seeking to complete the infrastructure of this residential development working with another developer to complete the project in its entirety.
The proposed Development Agreement has been reviewed and accepted by Planning & Engineering staff, as well as the Economic Development Team, therefore, staff recommends approval of the agreement as presented with disbursement eligibility after each phase.
Mayor Hudson opened the Public Hearing.
The representative, Nicholas Burden, mentioned the HOA is responsible for the maintenance of the community’s amenities. He said the residents are exited for this development.
Seeing no one else, the Mayor closed the Public Hearing.
Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Reginald Sessions to approve item 12 h.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
i.
Legislative Hearing - Ordinance No. 18-004: An Ordinance Amending the Effective Date of City Ordinance 16-018. SECOND READING
City Clerk Linda Cox introduced the ordinance, read by title only, into the record.
ORDINANCE NO. 18-004 - AN ORDINANCE OF THE CITY OF FORT PIERCE, FLORIDA, AMENDING THE EFFECTIVE DATE OF CITY ORDINANCE 16-018; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF 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. 18-004 - AN ORDINANCE OF THE CITY OF FORT PIERCE, FLORIDA, AMENDING THE EFFECTIVE DATE OF CITY ORDINANCE 16-018; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF 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 Thomas Perona, seconded by Commissioner Jeremiah Johnson to approve item 12 i.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
j.
Legislative Hearing - Ordinance 18-005: Abandoning an unopened segment of Francis Avenue right-of-way, between Granada St. & Hernando St. upon payment of appraised value in the amount of $58,000. FIRST READING
City Clerk Linda Cox introduced the ordinance, read by title only, into the record.
ORDINANCE NO. 18-005 - AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, ABANDONING A PORTION OF FRANCIS AVENUE RIGHT-OF-WAY, LYING ADJACENT TO LOT 12, BLOCK 7 AND LOT 2, BLOCK 8 OF THE PALM HAVEN - UNIT 1 SUBDIVISION WITHIN THE CITY OF FORT PIERCE, FLORIDA; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Kori Benton, Senior Planner, mentioned the subject’s section of right of way is just over 8000 square feet in area. They are seeking this abandonment in order to provide a single-family home subdivision. A concept of this proposed development was shown to the City Commission. The Planning Board voted unanimously to recommend approval of the request; therefore, staff recommends approval of the abandonment, upon payment of the appraised market value, of $58,000.
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. 18-005 - AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, ABANDONING A PORTION OF FRANCIS AVENUE RIGHT-OF-WAY, LYING ADJACENT TO LOT 12, BLOCK 7 AND LOT 2, BLOCK 8 OF THE PALM HAVEN - UNIT 1 SUBDIVISION WITHIN THE CITY OF FORT PIERCE, FLORIDA; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Kori Benton, Senior Planner, mentioned the subject’s section of right of way is just over 8000 square feet in area. They are seeking this abandonment in order to provide a single-family home subdivision. A concept of this proposed development was shown to the City Commission. The Planning Board voted unanimously to recommend approval of the request; therefore, staff recommends approval of the abandonment, upon payment of the appraised market value, of $58,000.
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 j upon payment of the appraised market value.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
13.
CITY COMMISSION
a.
Resolution 18-R05 determining that the structure located at 323 N 14th Street is unsafe and should be condemned and demolished and scheduled for a hearing before the City Commission.
City Clerk, Linda Cox, introduced the resolution, read by title only, into the record.
RESOLUTION NO. 18-R05 - A RESOLUTION DETERMINING THAT CERTAIN BUILDING(S) OR STRUCTURE(S) LOCATED AT 323 N 14TH ST IN FORT PIERCE, FLORIDA IS UNSAFE AND CONSTITUTES A MENACE TO THE BUSINESS, HEALTH AND SAFETY OF THE COMMUNITY; AND THAT SAID BUILDING OR STRUCTURE SHALL BE CONDEMNED AND DEMOLISHED IN ACCORDANCE WITH THE CHARTER OF THE CITY OF FORT PIERCE; AND THAT A PUBLIC HEARING BE HELD AT THE REGULARLY SCHEDULED CITY COMMISSION MEETING ON MARCH 5, 2018 AT 6:30 PM, IN THE CITY COMMISSION CHAMBERS LOCATED AT 100 N US HWY 1, FORT PIERCE, FLORIDA; AND PROVIDING FOR NOTICE TO ALL PARTIES OF INTEREST.
Peggy Arraiz, Code Compliance Manager, said this was just to schedule the hearing date.
City Clerk, Linda Cox, introduced the resolution, read by title only, into the record.
RESOLUTION NO. 18-R05 - A RESOLUTION DETERMINING THAT CERTAIN BUILDING(S) OR STRUCTURE(S) LOCATED AT 323 N 14TH ST IN FORT PIERCE, FLORIDA IS UNSAFE AND CONSTITUTES A MENACE TO THE BUSINESS, HEALTH AND SAFETY OF THE COMMUNITY; AND THAT SAID BUILDING OR STRUCTURE SHALL BE CONDEMNED AND DEMOLISHED IN ACCORDANCE WITH THE CHARTER OF THE CITY OF FORT PIERCE; AND THAT A PUBLIC HEARING BE HELD AT THE REGULARLY SCHEDULED CITY COMMISSION MEETING ON MARCH 5, 2018 AT 6:30 PM, IN THE CITY COMMISSION CHAMBERS LOCATED AT 100 N US HWY 1, FORT PIERCE, FLORIDA; AND PROVIDING FOR NOTICE TO ALL PARTIES OF INTEREST.
Peggy Arraiz, Code Compliance Manager, said this was just to schedule the hearing date.
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
b.
Resolution 18-R06 Adopting the City of Fort Pierce Personnel Rules and Regulations
City Clerk, Linda Cox, introduced the resolution, read by title only, into the record.
RESOLUTION NO. 18-R06 - A RESOLUTION OF THE CITY OF FORT PIERCE, FLORIDA, ADOPTING REVISED CITY OF FORT PIERCE PERSONNEL RULES AND REGULATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Kevin Browning, Human Resources Manager, stated with the help of attorney Angelique Lyons, there had been rules and regulation updates. Some of the updates and new provisions included Use of City property – Employee responsibility; Communications on behalf of City or with City officials; Bullying; Social Media; Whistleblower Policy; Drug-Free Workplace Act; Take-Home Vehicles; Remote Access to City Sites; various forms of leave, among others.
City Clerk, Linda Cox, introduced the resolution, read by title only, into the record.
RESOLUTION NO. 18-R06 - A RESOLUTION OF THE CITY OF FORT PIERCE, FLORIDA, ADOPTING REVISED CITY OF FORT PIERCE PERSONNEL RULES AND REGULATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Kevin Browning, Human Resources Manager, stated with the help of attorney Angelique Lyons, there had been rules and regulation updates. Some of the updates and new provisions included Use of City property – Employee responsibility; Communications on behalf of City or with City officials; Bullying; Social Media; Whistleblower Policy; Drug-Free Workplace Act; Take-Home Vehicles; Remote Access to City Sites; various forms of leave, among others.
Motion was made by Commissioner Rufus Alexander, seconded by Commissioner Reginald Sessions to approve item 13 b.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
c.
Resolution 18-R07 Appointing members to the Board of Examiners of Contractors following a vote.
City Clerk, Linda Cox, distributed ballots to the City Commission for their consideration.
Commissioner Alexander voted for Mr. Bergman, Mr. Matula, Mr. Waters and Mr. Waldrop
Commissioner Johnson voted for Mr. Waters, Mr. Matula, Mr. Dunbar and Mr. Bergman
Commissioner Perona voted for Mr. Waters, Mr. Bergman, Mr. Matula and Mr. Allen
Commissioner Sessions voted for Mr. Waters, Mr. Bergman, Mr. Matula and Mr. Waldrop
Mayor Hudson voted for Mr. Waldrop, Mr. Allen, Mr. Dunbar and Mr. Bergman
City Clerk, Linda Cox, introduced the resolution, read by title only, into the record.
RESOLUTION NO. 18-R07 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, CERTIFYING THE APPOINTMENT OF MEMBERS TO THE BOARD OF EXAMINERS OF CONTRACTORS; PROVIDING FOR AN EFFECTIVE DATE.
City Clerk, Linda Cox, distributed ballots to the City Commission for their consideration.
Commissioner Alexander voted for Mr. Bergman, Mr. Matula, Mr. Waters and Mr. Waldrop
Commissioner Johnson voted for Mr. Waters, Mr. Matula, Mr. Dunbar and Mr. Bergman
Commissioner Perona voted for Mr. Waters, Mr. Bergman, Mr. Matula and Mr. Allen
Commissioner Sessions voted for Mr. Waters, Mr. Bergman, Mr. Matula and Mr. Waldrop
Mayor Hudson voted for Mr. Waldrop, Mr. Allen, Mr. Dunbar and Mr. Bergman
City Clerk, Linda Cox, introduced the resolution, read by title only, into the record.
RESOLUTION NO. 18-R07 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, CERTIFYING THE APPOINTMENT OF MEMBERS TO THE BOARD OF EXAMINERS OF CONTRACTORS; PROVIDING FOR AN EFFECTIVE DATE.
Motion was made by Commissioner Reginald Sessions, seconded by Commissioner Jeremiah Johnson to approve item 13 c and appoint Ken Waters, Don Bergman, James Matula, and Michael Waldrop.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
d.
Resolution 18-R08 Appointing Members to the Construction Board of Adjustments and Appeals following a vote.
City Clerk, Linda Cox, distributed ballots to the City Commission for their consideration.
Commissioner Alexander voted for Mr. Waters, Electrical; Mr. Allen, Mechanical; Mr. Waldrop and Mr. Hayck, Division 1.
Commissioner Johnson voted for Mr. Matula, Electrical; Mr. Waters, Mechanical; Mr. Hayckand Mr. Dunbar, Division 1.
Commissioner Perona voted for Mr. Matula, Electrical; Mr. Waters, Mechanical; Mr. Hayck and Mr. Waldrop, Division 1.
Commissioner Sessions voted for Mr. Waters, Electrical; Mr. Allen, Mechanical; Mr. Hayck and Mr. Waldrop, Division 1.
Mayor Hudson voted for Mr. Matula, Electrical; Mr. Allen, Mechanical; Mr. Waldrop and Mr. Dunbar, Division 1.
City Clerk, Linda Cox, introduced the resolution, read by title only, into the record.
RESOLUTION NO. 18-R08 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, CERTIFYING THE APPOINTMENT OF MEMBERS TO THE CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS; PROVIDING FOR AN EFFECTIVE DATE.
City Clerk, Linda Cox, distributed ballots to the City Commission for their consideration.
Commissioner Alexander voted for Mr. Waters, Electrical; Mr. Allen, Mechanical; Mr. Waldrop and Mr. Hayck, Division 1.
Commissioner Johnson voted for Mr. Matula, Electrical; Mr. Waters, Mechanical; Mr. Hayckand Mr. Dunbar, Division 1.
Commissioner Perona voted for Mr. Matula, Electrical; Mr. Waters, Mechanical; Mr. Hayck and Mr. Waldrop, Division 1.
Commissioner Sessions voted for Mr. Waters, Electrical; Mr. Allen, Mechanical; Mr. Hayck and Mr. Waldrop, Division 1.
Mayor Hudson voted for Mr. Matula, Electrical; Mr. Allen, Mechanical; Mr. Waldrop and Mr. Dunbar, Division 1.
City Clerk, Linda Cox, introduced the resolution, read by title only, into the record.
RESOLUTION NO. 18-R08 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, CERTIFYING THE APPOINTMENT OF MEMBERS TO THE CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS; PROVIDING FOR AN EFFECTIVE DATE.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Jeremiah Johnson to approve item 13 d and appoint Mr. Matula as the Electrical Representative, Mr. Allen as the Mechanical Representative, Mr. Hayck and Mr. Waldrop as Division 1 Contractors and, lastly, Ann Marie Collins as the Consumer Representative.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
e.
Paradise Park Street Lights MSTU
City Manager, Nicholas Mimms, explained the City of Fort Pierce has been dealing with the County in regards to Paradise Park since the early 2000s and discovered, through an annexation that there are a few left over responsibilities that have been designated by the Count for our City residents. There is an existing street light Municipal Service Tax Unit (MSTU).
Johnna Morris, Finance Director, stated that while the annexation of these areas passed in 2006, the MSTU did not come into effect until 2010, where 254 properties have erroneously paid a total of $60,120.74. Ms. Morris mentioned they will be requesting that the residents request the reimbursement in writing since it may be that there were prior owners that paid these fees versus new owners.
Paradise Park resident, Robert Sandifer, spoke to the Commission, per Commissioner Alexander’s request, and mentioned they’d been paying this MSTU since the early 1990s.
Moving forward, Nicholas Mimms, mentioned the City of Fort Pierce will be assuming the payments for all City residents. There is currently a resolution being analyzed in order to improve the annexation process.
City Manager, Nicholas Mimms, explained the City of Fort Pierce has been dealing with the County in regards to Paradise Park since the early 2000s and discovered, through an annexation that there are a few left over responsibilities that have been designated by the Count for our City residents. There is an existing street light Municipal Service Tax Unit (MSTU).
Johnna Morris, Finance Director, stated that while the annexation of these areas passed in 2006, the MSTU did not come into effect until 2010, where 254 properties have erroneously paid a total of $60,120.74. Ms. Morris mentioned they will be requesting that the residents request the reimbursement in writing since it may be that there were prior owners that paid these fees versus new owners.
Paradise Park resident, Robert Sandifer, spoke to the Commission, per Commissioner Alexander’s request, and mentioned they’d been paying this MSTU since the early 1990s.
Moving forward, Nicholas Mimms, mentioned the City of Fort Pierce will be assuming the payments for all City residents. There is currently a resolution being analyzed in order to improve the annexation process.
f.
ADDED ITEM: Approval of letter of support for St. Lucie County Oxbow Eco-Center's application for funding for the "St. Lucie Water Champions" initiative.
City Manager, Nicholas Mimms, specified this letter of support is to assure we get the word out, creating an understanding of sustainability of what the Oxbow Center does and how we will provide a City facility for training and/or lectures for this purpose.
City Manager, Nicholas Mimms, specified this letter of support is to assure we get the word out, creating an understanding of sustainability of what the Oxbow Center does and how we will provide a City facility for training and/or lectures for this purpose.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Rufus Alexander to approve item 13 f.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
14.
COMMENTS FROM THE PUBLIC
Hans Kraaz
Robert Sandifer
Sherry Strong
Michael Simos
Greg Barrick
Hans Kraaz
Robert Sandifer
Sherry Strong
Michael Simos
Greg Barrick
15.
COMMENTS FROM THE CITY MANAGER
City Manager, Nicholas Mimms, gave an update of Charles Chester’s concern who addressed the City Commission a few weeks ago. The City Commission now has accessibility to City Hall seven days a week. On March 1, 2018 Strategic Planning Update with Mayor and Commission will be held in the 2nd floor conference room. On February 27, 2018 the Charter Review Commission meeting will be held. On February 21, 2018 the City of Fort Pierce participated in the Young Floridians event. Mr. Mimms said there was a lot of community support for the February 17, 2018 Highwaymen Art Festival.
City Manager, Nicholas Mimms, gave an update of Charles Chester’s concern who addressed the City Commission a few weeks ago. The City Commission now has accessibility to City Hall seven days a week. On March 1, 2018 Strategic Planning Update with Mayor and Commission will be held in the 2nd floor conference room. On February 27, 2018 the Charter Review Commission meeting will be held. On February 21, 2018 the City of Fort Pierce participated in the Young Floridians event. Mr. Mimms said there was a lot of community support for the February 17, 2018 Highwaymen Art Festival.
16.
COMMENTS FROM THE COMMISSION
Commissioner Alexander expressed that Mr. Charles Chester stated his thanks to the City for taking care of his situation.
Commissioner Johnson mentioned we need to rename the Avenue B right-of-way. On February 17, 2018 there was a Moore’s Creek Clean-up and there were a lot of new faces and volunteers. He also mentioned it was necessary to have talented employees to assist the business community.
Commissioner Perona stated we need to work together on fixing Avenue B. Regarding the Retirement Board vesting periods, the Board is seeking official direction from the Commission to be able to task actuary to come up with an impact statement. He also wished Kori Benton farewell with his new position with the County.
Commissioner Sessions said there is another employment training program on February 22, 2018 at 5 p.m. at Lawnwood Elementary school being hosted by Career Source on How to Start a Business.
Mayor Hudson welcomed Sherry Strong to the community. The Blessing of the Fleet is scheduled for February 24, 2018. Florida Humanities Council has given a grant to the Lincoln Park area and they have an app for a walking tour.
Commissioner Alexander expressed that Mr. Charles Chester stated his thanks to the City for taking care of his situation.
Commissioner Johnson mentioned we need to rename the Avenue B right-of-way. On February 17, 2018 there was a Moore’s Creek Clean-up and there were a lot of new faces and volunteers. He also mentioned it was necessary to have talented employees to assist the business community.
Commissioner Perona stated we need to work together on fixing Avenue B. Regarding the Retirement Board vesting periods, the Board is seeking official direction from the Commission to be able to task actuary to come up with an impact statement. He also wished Kori Benton farewell with his new position with the County.
Commissioner Sessions said there is another employment training program on February 22, 2018 at 5 p.m. at Lawnwood Elementary school being hosted by Career Source on How to Start a Business.
Mayor Hudson welcomed Sherry Strong to the community. The Blessing of the Fleet is scheduled for February 24, 2018. Florida Humanities Council has given a grant to the Lincoln Park area and they have an app for a walking tour.
17.
ADJOURNMENT
ATTEST:
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CITY CLERK
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MAYOR COMMISSIONER
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