- Present:
- Mayor Linda Hudson; Commissioner Rufus Alexander; Commissioner Jeremiah Johnson; Commissioner Thomas Perona
- Absent:
- Commissioner Reginald Sessions
- Staff Present:
-
- City Attorney James Messer
- City Clerk Linda Cox
- City Manager Nicholas Mimms
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
- Other:
- Commissioner Reginald Sessions (ABSENT)
Passed
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to approve amended Agenda, moving item 13 c before the Consent Agenda.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
Chair, Ben Bryan, presented the Charter Review Commission’s final recommendations to the City Commission as follows:
- The City and FPUA should meet annually in a mandatory Joint Planning Session to review and discuss Capital Improvements’ budgets of each and the strategic goals and perspective growth of the City and FPUA including the potential joint participation in projects.
- The City Commission and FPUA should work together to establish a formal dispute resolution process that would be far simpler and more efficient and expedient than the statutory process.
- The City Commission should adopt a policy that would ensure that one person would be a District 1 resident, one person would be a resident of District 2 and the remaining two seats would be filled by city residents without regard to district of residence. In order to accomplish this, the Charter Review Commission suggests the following appointment process: one resident of District 1 should be appointed to the FPUA Board by the Commissioners of District 1 by mutual agreement; in the event they do not agree on the appointee, each District 1 Commissioner would make a nomination and the Mayor would select one of the two nominees as the FPUA Board Member. The next year, the Commissioners of District 2 would do the same thing for a resident of District 2. For the remaining two appointments, the City Commission as a whole would appoint the FPUA Board Members. If persons representing District 1 or 2 move out of the district, the seat would automatically become vacant and a new person would be appointed to fill the balance of the term.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Jeremiah Johnson to approve items 11 a through 11 d.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
RESOLUTION NO. 18-R12 - A RESOLUTION DETERMINING THAT CERTAIN BUILDING OR STRUCTURE LOCATED AT 426 N 10TH ST – FRONT UNIT IN FORT PIERCE, FLORIDA IS UNSAFE AND A NUISANCE THAT CONSTITUTES A MENACE TO THE BUSINESS, HEALTH AND SAFETY OF THE COMMUNITY; AND THAT SAID BUILDING OR STRUCTURE SHALL BE CONDEMNED AND DEMOLISHED; DECLARING THE PARTIES OF INTEREST WERE PROVIDED THE OPPORTUNITY TO BE HEARD AND ARE RESPONSIBLE FOR THE REMOVAL OF THE BUILDING OR STRUCTURE; AND ORDERING THE CITY OF FORT PIERCE TO AFFECT SUCH REMOVAL AND PLACE A LIEN UPON THE PROPERTY IDENTIFIED IF COMPLETED BY THE CITY OF FORT PIERCE; PROVIDING FOR APPEAL; AND PROVIDING FOR NOTICE TO ALL PARTIES; PROVIDING FOR AN EFFECTIVE DATE.
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 proceeding to order.
City Clerk, Linda Cox, confirmed the City complied with advertisement and notice requirements.
The City Commission stated they had no ex-parte communications on this issue.
City Clerk, Linda Cox, was 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.
Peggy Arraiz, Code Enforcement Manager, spoke to the owner, Ms. Robin Chavis, who said because of her health, she was not able to come before the City Commission. However, Ms. Arraiz assured the Commission that she’d sent certified return receipt mail to Ms. Chavis regarding the demolition of these properties, as well as, spoken to Ms. Chavis regarding these and she agreed the condition of the property is such that the buildings need to come down, though she does not have the ways or means to rehabilitate them, maintain them nor to demolish them. She is aware a lien will be placed on the property, but asked if the City would consider withholding the accumulation of interest and penalties to allow her to pay off just the principle.
Mayor Hudson opened the public hearing.
Seeing no one, the Mayor closed the Public Hearing.
The City Commission decided to come back at a later time to discuss the possible waiving of penalties and interest of the aforementioned lien.
Motion was made by Commissioner Reginald Sessions, seconded by Commissioner Thomas Perona to approve item 12 a as presented.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
RESOLUTION NO. 18-R13 - A RESOLUTION DETERMINING THAT CERTAIN BUILDING OR STRUCTURE LOCATED AT 426 N 10TH ST - REAR UNIT AKA 427 DUNDAS CT IN FORT PIERCE, FLORIDA IS UNSAFE AND A NUISANCE THAT CONSTITUTES A MENACE TO THE BUSINESS, HEALTH AND SAFETY OF THE COMMUNITY; AND THAT SAID BUILDING OR STRUCTURE SHALL BE CONDEMNED AND DEMOLISHED; DECLARING THE PARTIES OF INTEREST WERE PROVIDED THE OPPORTUNITY TO BE HEARD AND ARE RESPONSIBLE FOR THE REMOVAL OF THE BUILDING(S) OR STRUCTURE(S); AND ORDERING THE CITY OF FORT PIERCE TO AFFECT SUCH REMOVAL AND PLACE A LIEN UPON THE PROPERTY IDENTIFIED IF COMPLETED BY THE CITY OF FORT PIERCE; PROVIDING FOR APPEAL; AND PROVIDING FOR NOTICE TO ALL PARTIES; PROVIDING FOR AN EFFECTIVE DATE.
Because this is the same land owner as the property discussed in item 12 a, City Attorney James Messer, stated the same language for this Quasi-Judicial Hearing stands and Ms. Peggy Arraiz had already been sworn in.
City Clerk, Linda Cox, also confirmed this had been advertised correctly.
Ms. Peggy Arraiz, Code Enforcement Manager, said much like the prior property discussed with the same owner, Ms. Robin Chavis accepted the certified mail of the notice for this property and she cannot maintain nor can she tear down the structure on her own. She is anxious for this property to come down and is aware there will be a lien on the property. The structure was declared unsafe in 2014.
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 Reginald Sessions to approve item 12 b as presented.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
ORDINANCE NO. 18-006 - AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE PROPERTY LOCATED AT 5450 SOUTH US HIGHWAY 1, SHOWN ON EXHIBIT A; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF JANUARY 1, 2018; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; ESTABLISHING THE ZONING DESIGNATION; ESTABLISHING THE LAND USE DESIGNATION; DIRECTING FILING OF THE ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT AND CHIEF ADMINISTRATIVE OFFICER OF ST. LUCIE COUNTY; DIRECTING REVISION OF THE CHARTER BOUNDARY ARTICLE TO BE FILED WITH THE DEPARTMENT OF STATE AND SUBMITTED TO THE OFFICE OF ECONOMIC AND DEMOGRAPHIC RESEARCH; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Hudson opened the Public Hearing.
Seeing no one, the Mayor closed the Public Hearing.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Jeremiah Johnson to approve item 12 c.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
ORDINANCE NO. 17-038 - AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FORT PIERCE, FLORIDA; AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN TO CHANGE THE DESIGNATION OF PROPERTY GENERALLY LOCATED AT 3180 SOUTH JENKINS ROAD, FROM MEDIUM DENSITY RESIDENTIAL, RM, TO BOUNDARY COMMERCIAL, BC; 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 Jeremiah Johnson, seconded by Commissioner Rufus Alexander to approve item 12 d.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
ORDINANCE NO. 18-007 - AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FORT PIERCE, FLORIDA; REZONING PROPERTIES GENERALLY LOCATED AT 3180 SOUTH JENKINS ROAD, FROM MEDIUM DENSITY RESIDENTIAL (R-4), TO PLANNED DEVELOPMENT (PD); FURTHER APPROVING A DEVELOPMENT PLAN PURSUANT TO SECTION 22-58, 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 e.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
ORDINANCE NO. 18-008 - AN ORDINANCE OF THE CITY OF FORT PIERCE, FLORIDA, AMENDING THE CODE OF ORDINANCES; SECTION 17-28, “DESIGN STANDARDS; STORMWATER MANAGEMENT; APPROVALS”; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
City Engineer, Jack Andrews, explained this ordinance will allow for property owners to utilize different and more modern materials. Right now our code only permits the use of concrete pipe or correlated aluminum pipe on a private development. Updating our city code will allow property owners or developers to employ polyethylene pipes or PVC pipes which is more common these days. This has also been approved by the DOT.
Mayor Hudson opened the Public Hearing.
Seeing no one, the Mayor closed the Public Hearing.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to approve item 12 f.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
RESOLUTION NO. 18-R11 - A RESOLUTION DETERMINING THAT CERTAIN BUILDING(S) OR STRUCTURE(S) LOCATED AT 513 N 13TH 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 APRIL 16, 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.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Reginald Sessions to approve item 13 a.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
RESOLUTION NO. 18-R14 - 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 Thomas Perona, seconded by Commissioner Jeremiah Johnson to approve item 13 c.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
City Clerk, Linda Cox, introduced the resolution, read by title only, into the record.
RESOLUTION NO. 18-R15 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, SUPPORTING THE ST. LUCIE COUNTY BOARD OF COMMISSIONERS INTENTION TO PLACE A REFERENDUM ON THE BALLOT FOR THE GENERAL ELECTION TO BE HELD ON NOVEMBER 6, 2018 TO ALLOW THE ELECTORS OF THE COUNTY TO CONSIDER THE LEVY OF A ONE-HALF CENT INFRASTRUCTURE SURTAX FOR A PERIOD OF 10 YEARS; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Mark Satterlee, Deputy County Administrator, presented the 2018 Sales Tax Initiative to the City Commission. The Board of County Commissioners will consider on April 3rd the ordinance that will authorize placement of the surtax question on the November 2018 ballot. The goal is a half-cent for 10 years; the estimated revenue for the City of Fort Pierce is $1.6 million. These funds will allow for the improvement of local roads, reduction of traffic congestion, local water quality improvement, the reduction of neighborhood flooding and other similar uses under Florida law.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Reginald Sessions to approve item 13 c.
- AYE:
- Mayor Linda Hudson, Commissioner Rufus Alexander, Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Commissioner Reginald Sessions
Passed
Michael McCleod
Cathy Wesselynko
City Attorney, James Messer, confirmed the City Commission wants him to work in conjunction with the City Clerk to come up with a new resolution for the FPUA recommendations.
Commissioner Perona had no comments
Commissioner Sessions had no comments.
Commissioner Johnson mentioned the process of going out to the public and having the meeting regarding 13th Street was a great way to get their perspective. Regarding 822 N. Atlantic Avenue, he said that's an alley that services the businesses on Orange Avenue and he would like to get a full report from all angles.
Mayor Hudson reminded all of the Veteran's Nursing Home Ground Breaking on March 20, 2018 and the Sandy Shoes Festival & Brew on Saturday, March 24, 2018. She stated she wanted to make sure there is a presentation for all the boards and committees about the importance of the tax increase and they can carry the word out. She confirmed with Mr. Messer that as a Commission they can educate but not advocate as a board. Lastly, the City of Indiantown will be holding their first meeting the week of March 19, 2018.
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CITY CLERK
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MAYOR COMMISSIONER
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