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Minutes for City Commission Regular Meeting

MINUTES OF A REGULAR MEETING OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, HELD IN THE CITY HALL COMMISSION CHAMBERS, 100 NORTH U.S. #1, FORT PIERCE, FLORIDA, AT 5:05 P.M. ON MONDAY, MARCH 17, 2025.
 
1.
CALL TO ORDER
Mayor Hudson called the March 17, 2025, Regular Meeting of the City Commission to order at 5:05 P.M.
 
 
2.
OPENING PRAYER - DeVoshay Johnson, Sr. - Harvest Time DFC, Fort Pierce
 
3.
PLEDGE OF ALLEGIANCE
 
4.
ROLL CALL
Present:
Commissioner Michael Broderick; Commissioner Arnold Gaines; Commissioner Curtis Johnson, Jr.; Mayor Linda Hudson; Commissioner James Taylor
Staff Present:
  • City Clerk Linda Cox
  • Interim City Manager Devoshay Johnson
  • City Attorney Sara Hedges
 
5.
APPROVAL OF MINUTES
 
a.
Approval of the Minutes of the March 03, 2025 Regular Meeting. 
 

Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Arnold Gaines to approve the minutes of the March 03, 2025 Regular Meeting.

AYE:
Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Mayor Linda Hudson, Commissioner James Taylor

Passed

 
6.
PROCLAMATIONS
 
a.
Vietnam Veterans Day Proclamation
 
7.
LETTERS TO COMMISSION
 
a.
Thank you card from Ellen Connor and her family expressing their gratitude to Officer Noah Clark and Detective Michael Dini for the swift and professional recovery of their vehicle in less than 24 hours. 
 
b.
Email from Charlene Adair, South Beach Beach & Parks Chair, commending Public Works Department employee Jose Sanchez and his team for their dedication and exceptional service in maintaining the City's South Beach Parks.
 
8.
ADDITIONS OR DELETIONS TO AGENDA AND APPROVAL OF AGENDA
 

Motion was made by Commissioner Arnold Gaines, seconded by Commissioner Michael Broderick to approve the agenda as set.

AYE:
Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Mayor Linda Hudson, Commissioner James Taylor

Passed

 
9.
COMMENTS FROM THE PUBLIC ON AGENDA ITEMS NOT REQUIRING PUBLIC HEARINGS

Any person who wishes to comment on an agenda item which is not under Public Hearings on the Agenda may be heard at this time and must sign up to speak in advance. Please limit your comments to three (3) minutes or less, as directed by the Mayor, as this section of the Agenda is limited to thirty minutes. The City Commission will not be able to take any official actions under Comments from the Public. Speakers will address the Mayor, Commissioners, and the Public with respect. Inappropriate language will not be tolerated.
No comments
 
 
10.
MISCELLANEOUS REPORTS
 
a.
Post-event report of the 8th Annual Highwaymen Heritage Trail Art Show and Festival
Kimberlee Henton, Reporting and Grants Specialist, provided the post-event report for the 8th Annual Highwaymen Heritage Trail Art Show and Festival.

Commissioner Broderick inquired on the budget expenditure.

Ms. Henton commented that it was provided to the City Manager.
 
 
11.
CONSENT AGENDA
 
a.
Approve award of RFP 2024-048 - Nuisance Abatement Services to multiple vendors and authorize staff to initiate contract negotiations.
 
b.
Approve recommendation from the Arts and Culture Advisory Board seeking approval of a sponsorship request from the Florida Zora Neale Hurston Education Foundation for the Zora Experience Festival 2025 and to require post reporting in accordance with the proposed sponsorship reporting requirements.
 
c.
Approval of expenditure for annual renewal for Egnyte Inc, Mountain View, CA in the amount not to exceed $89,880.
 
d.
Approval of expenditure to Sani Effect for emergency mold remediation at the Sunrise Theatre, totaling $94,531.28.
 
e.
Approval to increase purchase order 250048 for an additional $30,000.00 with RDK Truck Sales, Tampa, FL to cover the cost of refuse truck rentals.
Commission Broderick pulled items 11b and 11e
 
 

Motion was made by Commissioner Michael Broderick, seconded by Commissioner Curtis Johnson, Jr. to approve items 11a, 11c, and 11d of the Consent Agenda.

AYE:
Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Mayor Linda Hudson, Commissioner James Taylor

Passed

As to item 11b
Julie Polliette, Arts Committee Chair, explained the parameters for funding, and Arts in Public Places fund usage.

Commissioner Broderick inquired on the budget request, Arts in Public Places Funding, and the current funding available.

Sara Hedges, City Attorney, commented on Ms. Polliettes’ legal clarification request.

The Commission commented on the national possibilities of the festival, the Tourist Development Council's ongoing promotion of the festival and trail, an update on the committee attendance, and the funding timeline.
 

Motion was made by Commissioner Michael Broderick, seconded by Commissioner Arnold Gaines approve item 11b of the Consent Agenda.

AYE:
Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Mayor Linda Hudson, Commissioner James Taylor

Passed

As to item 11e
Commissioner Broderick posed concern with renting equipment, inquired on the status of purchase orders on equipment, and if this would replace a truck removed from service.

Interim City Manager, Devoshay Johnson, commented that several purchase orders are open as the equipment is on backorder. 

Jason Atkinson, Director of Public Works, commented that the cost of the truck is in line with the lease, is taking a comprehensive look at the fleet overall, and a new truck is expected in three months.
 
 

Motion was made by Commissioner Michael Broderick, seconded by Commissioner Arnold Gaines to approve item 11e of the Consent Agenda.

AYE:
Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Mayor Linda Hudson, Commissioner James Taylor

Passed

 
12.
PUBLIC HEARINGS
Quasi-Judicial Hearings follow a strict set of rules and procedures which can be found on the City’s website using this link: https://www.cityoffortpierce.com/DocumentCenter/View/6740/Quasi-Judicial-Procedures. All Quasi-Judicial decisions by the City Commission must be based on competency substantial evidence. Competent substantial evidence is evidence which will establish a substantial basis from which the fact at issue can reasonably be inferred. It includes fact or opinion evidence offered by an expert on a matter that requires specialized knowledge and that is relevant to the issues to be decided. It is evidence a reasonable mind could accept as having probative weight and adequate to support a legal conclusion. Hypothetical, speculative, fear or emotion based generalized statements that do not address the relevant issues and that cannot be reasonably said to support the action advocated, are not competent substantial evidence.
 
a.
Quasi-Judicial Hearing - Review and Approval of an application for a Conditional Use: No New Construction by applicant Lany & Claudel Romulus, to operate New Elite Academy, daycare center in the 7,711 sq. ft. building with associated site improvements, located at 2210 Orange Avenue, more specifically Parcel Control Number 2409-602-0010-000-2.   
Mayor Linda Hudson asked all present to listen carefully to what City Attorney Sara Hedges would read regarding Quasi-Judicial Hearings.

Sara Hedges, City Attorney, reviewed the quasi-judicial hearing rules and procedures.

Mayor Linda Hudson called the proceeding to order.

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

Ex parte communications 

Commissioner Broderick – No
Commissioner Gaines – No
Commissioner Johnson – No
Commissioner Taylor– No
Mayor Hudson – No

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

Staff Presentation:
Kerry Driver, Planner, presented the review and approval of an application for a Conditional Use with no new construction at 2210 Orange Ave.

RECOMMENDATION:
The proposed Conditional Use: No New Construction application adheres to the requirements and guidelines of the City's Comprehensive Plan. Therefore, staff recommendation is for City Commission to approve the submitted application with two (2) conditions:
Sign permits should be applied for prior to the issuance of Certificate of Occupancy (CO).
A notarized landscape maintenance agreement is due prior to the issuance of CO.
 
Commission Questions of Staff:
The Commission inquired on landscaping due to line of sight, traffic flow, occupancy load, what triggers conditional use, the playground area, and parking.

Kevin Freeman, Planning Director, confirmed landscaping and commented on closing the Orange Ave exit but other comments were received due to engineering issues, and staff desire to have one way in and out.

Ms. Driver confirmed the traffic flow, occupancy load, and that 26th Street will be closed off.

Ms. Hedges reiterated the quasi-judicial rules, specifically witness testimony as evidence.
Jack Andrews, Engineering, commented on concerns with running additional vehicles through a residential area, and the 22nd Street exit is not a permitted driveway.

Applicant Questions of Staff:
Lany Romulus, the applicant, had no questions for staff and provided a view of the day including parking and parents’ requirement to park and drop off their students.

Commission Question of the Applicant:
The Commission commented on traffic management.

Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.

Ms. Hedges reminded the Commission that if they desire additional information, the item can be moved to a date certain.

The Commission recommended the applicant manage the traffic flow and consider obtaining permitting for 22nd Street.

 
 

Motion was made by Commissioner Michael Broderick, seconded by Commissioner Arnold Gaines to approve the Conditional Use application with (2) two conditions.

AYE:
Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Mayor Linda Hudson, Commissioner James Taylor

Passed

 
b.
Legislative Hearing - Ordinance 25-017 - Final Budget Amendment of the FY 2023-24 General Fund Budget.  FIRST READING
City Clerk Linda Cox introduced the Ordinance, read by title only, into the record.

ORDINANCE NO. 25-017
AN ORDINANCE AMENDING THE 2023-24 BUDGET OF THE CITY OF FORT PIERCE, FLORIDA BY INSERTING THEREIN A SCHEDULE ATTACHED HERETO AND DESIGNATED AS THE 2023-24 FINAL BUDGET AMENDMENT; THE SAID SCHEDULE PROVIDES FOR THE INCREASES AND/OR DECREASES IN REVENUES AND APPROPRIATIONS IN THE GENERAL FUND; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. FIRST READING

Johnna Morris, Director of Finance, presented the Final Budget Amendment of the FY 2023-24 General Fund Budget.

The Commission inquired on the excess fund balance, current debt, and personnel costs.

Ms. Morris commented on the excess fund balance, the debt load and completing debt service payments by 2032, and personnel costs.

Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
 
 

Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Michael Broderick to approve Ordinance No. 25-017.

AYE:
Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Mayor Linda Hudson, Commissioner James Taylor

Passed

 
13.
CITY COMMISSION
 
a.
Resolution 25-R22 Appointing Staci Dunn to the Keep Fort Pierce Beautiful Advisory Board as Mayor Hudson's appointee. 
City Clerk Linda Cox introduced the Resolution, read by title only, into the record.

RESOLUTION NO. 25-R22
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, CERTIFYING THE APPOINTMENT OR REAPPOINTMENT OF MEMBERS TO THE KEEP FORT PIERCE BEAUTIFUL ADVISORY BOARD; PROVIDING FOR AN EFFECTIVE DATE.

 
 

Motion was made by Commissioner Michael Broderick, seconded by Commissioner Arnold Gaines to approve Resolution No. 25-R22 appointing Staci Dunn.

AYE:
Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Mayor Linda Hudson, Commissioner James Taylor

Passed

 
b.
Resolution 25-R25 approving City Manager contract.
City Clerk Linda Cox introduced the Resolution, read by title only, into the record.

RESOLUTION NO. 25-R25
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; APPROVING CITY MANAGER CONTRACT; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.

Ms. Hedges commented on the contract with Mr. Chess including the removal of reference to the FPRA Director and the increase in moving costs to include the language “up to”.

The Commission inquired about what constitutes a satisfactory review for the five percent increase, and the parameters of the City limits.

Ms. Hedges commented on the review criteria for the increase after six months and clarification for Mr. Chess, on the City limits.
 
 

Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Arnold Gaines to approve Resolution No. 25-R25.

AYE:
Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Mayor Linda Hudson, Commissioner James Taylor
NAY:
Commissioner Michael Broderick

Passed

 
c.
Resolution 25-R26 approving the FY 2024 Final Budget Amendment for Grant Funds.
City Clerk Linda Cox introduced the Resolution, read by title only, into the record.

RESOLUTION NO.25-R26
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA; APPROVING THE FINAL BUDGET AMENDMENT FOR CITY OF FORT PIERCE GRANT FUNDS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2023 AND ENDING SEPTEMBER 30, 2024; AND PROVIDING FOR AN EFFECTIVE DATE.

Johnna Morris, Director of Finance, was available for questions.

Commissioner Broderick inquired on the hiring of a new grant writer.

Ms. Morris confirmed the hiring of a new grant writer.

Commissioner Johnson requested the presentation of the FY2024 final budget amendment.

Ms. Morris commented on CDBG, SHIP, and budget revenue and expenditures adjustments.

Commissioner Johnson discussed the funds that are available for citizens to use for home rehabilitation.

Ms. Morris briefly explained the criteria and why some of the proposed projects could not proceed.
 
 

Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Michael Broderick to approve Resolution No. 25-R26.

AYE:
Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Mayor Linda Hudson, Commissioner James Taylor

Passed

 
14.
COMMENTS FROM THE PUBLIC

Any person who wishes to comment on any subject may be heard at this time. Please limit your comments to three (3) minutes or less, as directed by the Mayor, as this section of the Agenda is limited to thirty minutes. The City Commission will not be able to take any official actions under Comments from the Public. Speakers will address the Mayor, Commissioners, and the Public with respect. Inappropriate language will not be tolerated.
No comments
 
 
15.
COMMENTS FROM THE CITY MANAGER
Interim City Manager, Devoshay Johnson commented on the notification of a grant from the Children's Service Council for the summer program.

City Clerk, Linda Cox commented on the special FPRA meeting scheduled for March 31, 2025.

City Attorney, Sara Hedges – No comments
 
 
16.
COMMENTS FROM THE COMMISSION
Commissioner Johnson commented on streamlining the process with The Florida League of Cities.

Ms. Hedges commented that the letter would need to be approved during a public meeting. 

The City Manager's office can provide a letter for consideration at a meeting.

Mayor Hudson commented on the form provided by the Treasure Coast Regional League of Cities.

Interim City Manager Johnson commented that the form is forthcoming.

Commissioner Gaines commented on public notification of bills in the legislature.

Commissioner Taylor provided an update on TDC funds.

Commissioner Broderick inquired on the TDC funds and legislation.

Mayor Hudson commented on the legislation, development input, and lobbying next month.
 
 
17.
ADJOURNMENT

Immediately following adjournment, please move toward the doors and exit the chambers. This allows for the safe and courteous exit of all persons, and those on the dais. Conversations after the meeting should be held outside of chambers, in the foyer or elsewhere, but not in the commission chambers where lights will be out as soon as the chambers are empty.
Mayor Hudson adjourned the meeting at 7:04 p.m.
 
ATTEST:

____________________________ _________________________________
CITY CLERK
MAYOR COMMISSIONER