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[1. CALL TO ORDER]

[00:00:09]

>> GOOD AFTERNOON. I WILL OFFICIATE

THIS. >> THIS IS A WORKSHOP.

A DISCUSSION. >> CONSENSUS.

>> WE WILL DO IT THAT WAY. VERY GOOD.

I WANTED TO BE SURE I WAS GETTING OFF ON THE RIGHT FOOT.

>> ANY RECOMMENDATIONS. THAT WOULD BE PRESENTED TO THE

COMMISSION. >> WITH REGARD.

>> SIT HERE UNLESS HE COMES IN. >> THAT WILL WORK FOR ME.

WHY DON'T YOU START. >> GOOD AFTERNOON.

I APPRECIATE YOU ALL BEING HERE.

THIS MEETING WAS SUGGESTED AT OUR LAST MEETING.

WE HAVE HAD A GREAT DEAL OF CONVERSATION AND VACATION RENTALS. PRIOR TO MY TENURE HERE.

YOU HAD CERTAIN ATTORNEYS, AND SPEAK TO THE LEGAL ASPECTS OF IT. FOR THE BENEFIT OF THOSE WHO OF THINGS THAT PERTAIN TO LOCAL RECOMMENDATIONS, THIS WORKSHOP I WOULD LIKE TO FOCUS ON WHAT WE CAN CONTROL AND THAT IS CONDITIONS OF APPROVAL AS RENTALS ARE APPROVED BY THE CITY COMMISSION. THEREFORE IMPOSE CONDITIONS ON

THAT APPROVAL. >> WE NEED TO TAKE ROLL CALL.

JUST LOOKED DOWN AND SAW THAT. PLEASE, ROLL CALL.

>> MR. LEE. MR. O'CONNELL.

MR. BURGE. MS. JOHNSON IS SCOTT.

LIKE TO MENTION WE DO HAVE A MEMBER OF THE PUBLIC HERE AND WE HAVE RECEIVED TWO EMAILS FROM THE PUBLIC.

THE WAY I WOULD LIKE TO RUN THIS MEETING, LIKE FOR US TO HAVE THIS PRESENTATION, DISCUSSION FOR ABOUT 45 MINUTES. ALLOW THE PUBLIC TO TALK, MORE THAT COME IN. LIMIT THE DISCUSSION TO THREE MINUTES. GIVE US TIME FOR US TO CHANGE SCREENS AND GET READY FOR OUR MEETING WHICH WILL START AT 2:00 P.M. LET'S BEGIN HERE. WHAT IS MENTIONED IN ALL OF OUR

[3. CONDITIONS OF APPROVAL FOR SHORT TERM RENTALS]

REPORTS WHEN WE HAVE VACATION RENTALS ON THE AGENDA WE DEFINE WHAT OUR CITY CODE DEFINES AS A DWELLING RENTAL AND ALSO WITH THE STATE THEN GOES ON TO DEFINE EVEN FURTHER AS A VACATION RENTAL. SIMPLY PUT A DWELLING UNIT ANYTHING LESS THAN SIX MONTHS BECAUSE ANYTHING GREATER WE DON'T LOOK AT. THE GOES TO 30 DAYS.

IN A VACATION RENTAL DEFINED BY CHAPTER 509.242 WHICH REDUCES THE AMOUNT OF TIME FOR A VACATION RENTAL, ANYTHING UNDER 31 DAYS. THE WAY WE CONSIDER IT WE ONLY DEFINE WITHIN OUR CITY CODE USE TABLE AS A DWELLING RENTAL.

THEN WE FURTHER STATE IN CONFORMANCE WITH THE STATE IF AN APPLICANT IS WISHING TO RENT THEIR UNITS FOR UNDER 30 DAYS AND WE WILL CALL IT A VACATION RENTAL.

SO AS I STATED WE HAVE LOCAL REGULATIONS AND THEN WE HAVE STATE REGULATIONS. THE REGULATORY AGENCY FOR THE STATE AS OUR DEPARTMENT OF A BUSINESS AND REGULATIONS THROUGH THE DIVISION OF HOTELS AND RESTAURANTS.

THEY LICENSE VACATION RENTALS. THOSE ARE LISTED HERE.

IT DOES SPEAK TO THE CONDOMINIUMS OR GROUP OF UNITS, DWELLING RENTALS.ROUP LICENSES AND A COLLECTIVE LICENSE. ALL OF THIS PROVIDED FOR ON THEIR WEBPAGE. THIS AGENCY ALSO FURTHER STATES WHAT THE REQUIREMENTS ARE TO OBTAIN AND TO MAINTAIN A LICENSE WITH THE STATE. THEY TALK ABOUT THESE DIFFERENT REGULATIONS REALLY ABOUT THE CLEANLINESS, THE CONDITIONS OF THAT UNIT, IF YOU ARE PROVIDING SUCH AMENITIES THEY NEED TO

[00:05:03]

CONFIRM WITH THE SAFETY COMMISSION.

FOR THE CITY OF FORT PIERCE OUR RENTAL REGULATIONS SPECIFIED UNDER OUR CITY CODE SECTION 2222 WHICH TALKS OF CONDITIONAL USES FOR DWELLING RENTAL OR PERMITTED USES HER RENTAL.

AS YOU CAN SEE IN THE SECTION OF THE CODE WHICH I RE-CREATED ALL OF OUR RESIDENTIAL WHICH PERMITS DWELLING RENTALS ARE ALLOWED AS A CONDITIONAL USE. ONLY TWO ZONING DISTRICTS IN THE COMMERCIAL THAT ALLOW DWELLING RENTALS BY RATE.

AS A PERMITTED USE. SO OUR CONDITIONAL USE PROCESS WITHIN THE CITY STATES THE PURPOSE AND APPLICATION OF CONDITIONAL USES IN THE PURPOSE OF A CONDITIONAL USE PROCESS TO ALLOW USES THAT DO NOT BE APPROPRIATED GENERALLY ARE WITHOUT RESTRICTIONS THROUGHOUT THE ZONING DISTRICT.

BUT WHICH IS CONTROLLED TO THE NUMBER AREA LOCATION RELATIONSHIP TO THE NEIGHBORHOOD WILL NOT ADVERSELY AFFECT THE PUBLIC HEALTH, APPEARANCE AND GENERAL WELFARE.

WE ALSO GO ON TO DIFFERENTIATE BETWEEN CONDITIONAL USES WITH NEW CONSTRUCTION INDUCES WITHOUT.

THERE IS A DIFFERENCE THERE. OUR VACATION RENTALS HAVE ONLY COME IN AS THOSE WITH OUT NEW CONSTRUCTION.

IT WAS REQUESTED THAT A LOOK AT SOME NEIGHBORING LOCALITIES AND HOW THEY ARE REGULATING VACATION RENTALS.

BEFORE I GET INTO THIS IT IS GOOD FOR ME TO KNOW THAT WHEN WE ESTABLISH OUR REGULATIONS FOR REVIEWING DWELLING RENTALS AS A CONDITIONAL USE THAT WAS DONE IN 2001, 2011 THE STATE REGULATED OR PREEMPTED THE REGULATIONS, IF A LOCALITY DOES NOT HAVE REGULATIONS ALREADY. FOR THOSE AREAS THAT DO NOT ADDRESS DWELLING RENTALS EVERYTHING IS DEFERRED TO THE STATE. SOUTH ST. LUCIE COUNTY HAD NO REGULATIONS IN PLACE IN 2001. REGULATED THROUGH THEIR BUSINESS TAX. THEN AGAIN THROUGH THE STATE WHICH IS A REQUIREMENT OF THE STATE.

THAT OF VACATION RENTAL OBTAIN THIS LICENSE.

SIMILAR TO THE CITY OF PORT ST. LUCIE BUSINESS TAX RECEIPTS REQUIRED WHEN A UNIT OWNER OR OWNER IS RENTING FOR MORE UNITS. THEN AGAIN REQUIRED TO OBTAIN AND MAINTAIN A STATE LICENSE WITH THE BUSINESS AND PROFESSIONAL REGULATIONS DIVISION.

THEY ARE SOMEWHAT LIKE US IN A SENSE THEY HAVE APPLICATION PROCESS AND WE HAVE REQUIREMENTS PUT ON THOSE APPLICATIONS. SO AGAIN THEY HAVE TWO OBTAIN A BUSINESS TAX RECEIPT WITHIN THE TAX COLLECTOR AND ALSO WITH STATE LICENSE WITH OUR DEPARTMENT OF A BUSINESS AND PROFESSIONAL REGULATION. REQUIRED TO REGISTER WITH THE CLERK OF COURT FOR THE TOURIST DEVELOPMENT TAX AND CONDITIONS FOCUSED MAINLY ON PARKING. SO DIFFERENTIATE BETWEEN RENTAL UNITS WITHOUT A CAR PARK OR GARAGE AND REQUIRES TWO PARKING SPACES BUT MAXIMUM NUMBER ALLOWED ON EITHER ONE IS FIVE.

SO WHEN YOU HAVE A CAR ONE SPACE PER BEDROOM WITH A MAXIMUM OF FIVE. NO PARKING ALLOWED ON THE ROAD UNLESS DESIGNATED PARKING SPACE.

THE LAST ONE THAT IS ON HERE, NOT ALLOWED TO RENT OUT YOUR VACATION RENTAL FOR A SPECIAL EVENT, WEDDINGS OR SIMILAR OCCASIONS LIKE THAT. NO ALCOHOL PERMITTED.

>> IF I CAN I HAVE A COPY OF THE ENTIRE PACKET YOU WOULD HAVE TO SUBMIT. BASICALLY A FORM OF EVERYTHING.

PASS THESE AROUND. I APOLOGIZE, IT WOULD HAVE BEEN UPLOADED. SHOULD BE FIVE COPIES.

ONE FOR EVERYBODY. I WILL MAKE SURE I GET ONE FOR

YOU. >> THANK YOU, PETE.

>> ARE WE GOING TO HAVE A TEST ON THIS LATER?

[00:10:04]

>> ADDITIONALLY LAST MEETING YOU HAD MENTIONED THERE WERE SOME OTHER AREAS WHERE THERE HAVE BEEN REGULATING VACATION RENTALS. YOU MENTIONED THE KEYS AND INFORMATION TO ME. IN ADDITION TO A CITY IN CALIFORNIA, THE CITY OF LONG BEACH AND I THOUGHT THAT INFORMATION WAS RELEVANT AND AGAIN SIMILAR POINTS AND SOME OF THE THINGS I WOULD LIKE TO EXPLORE.

WITH MONROE COUNTY VACATION RENTAL MANAGER IS REQUIRED AND THEY HAVE A LICENSING PROCEDURE.

YOU HAVE TO RESIDE IN MONROE COUNTY TO HAVE A VACATION RENTAL. THE VACATION RENTAL MANAGER MUST BE AVAILABLE 24 FOR THE PURPOSE OF RESPONDING TO COMPLAINTS REGARDING CONDUCT AND BEHAVIOR OF THE OCCUPANT OR ALLEGED VIOLATIONS OF THE PVACATION RENTAL ORDINANCE.

COMPLAINTS TO THE RENTAL MANAGER SHALL BE RESPONDED TO WITHIN ONE HOUR. A RECORD OF THE COMPLAINT KEPT FOR THREE MONTHS AND BE AVAILABLE FOR INSPECTION BY THE COUNTY CODE COMPLIANCE OFFICER. GUEST REGISTRATION WHICH LISTS ALL THE OCCUPANTS AND THEIR CONTACT INFORMATION AND LICENSE PLATE MUST BE MAINTAINED BY THE MANAGER AND AVAILABLE SHOULD INSPECTION BE ASKED FOR. THE MANAGER LICENSE MAY BE REVOKED FOR TWO OR MORE RESPONSES IN ANY SINGLE YEAR.

IN THE CITY OF LONG BEACH, FLORIDA REQUIRED TO HAVE REGISTERED WITH THE CITY AND OBTAIN A SHORT-TERM RENTAL REGISTRATION IDENTIFICATION NUMBER THAT IS VALID FOR ONE YEAR. THE SHORT-TERM RENTAL HOST AS I CALL IT MAY OPERATE TWO NON-PRIMARY RESIDENCES FOR ANY LENGTH OF TIME OR THREE IF IT IS A PRIMARY RESIDENCE.

MEANING THAT PERSON RESIDES THERE.

NO LIMIT TO THE NUMBER OF NIGHTS RENTED WHEN THE HOST IS ALWAYS ON THE SITE BUT IF ON HOSTED THIS DAY LIMITED TO 90 NIGHTS PER YEAR. AGAIN A 24 HOUR CONTACT PERSON HAS TO BE AVAILABLE TO RESPOND TO COMPLAINTS.

ALSO LIMITED TO ONE HOUR. OUR CURRENT CONDITIONS OF APPROVAL THAT WE HAVE STANDARDIZED HAVE COME ABOUT IN A NUMBER OF DIFFERENT WAYS SOME RECOMMENDATIONS FROM THE PLANNING BOARD AND MADE A CONDITION BY OUR COMMISSION SOME HAVE COME THROUGH THE COMMISSION AND THAT BEING THE NUMBER OF VEHICLES THAT CAN REMAIN ON SITE OTHERS HAVE COME THROUGH THE GUIDE WAS PROVIDED TO US FROM THE STATE AND ARE MAINTAINED BY OUR CODE ENFORCEMENT DIVISION.

SO HERE ARE OUR FIVE. ANY ADDITIONAL CONDITIONS IMPOSED THAT WILL BE A SITE SPECIFIC, SOMETHING THAT IS RELATIVE TO THAT PARTICULAR UNIT FOR INSTANCE SIDEWALK REQUIREMENTS. OUR DRIVEWAY DESIGN IF THERE IS NO DRIVEWAY. SO WHAT I WOULD LIKE TO DO RIGHT NOW IS TO OFFER SOME ADDITIONAL LANGUAGE FOR CONSIDERATION. I SEE IT IS BEING CUT OFF.

WONDERING IF I MAY BE GET OUT OF THIS.

SO THAT EVERYONE CAN SEE IT. BETTER.

OKAY. SO NOT TOUCHING UPON THE FIRST FOUR BUT ADDING TO NUMBER FIVE AND ADDING ADDITIONAL NUMBER SIX. SO RIGHT NOW OUR CONDITION NUMBER FIVE ONLY SPEAKS TO OUR CITY'S BUSINESS LICENSE NUMBER BEING PART OF THE ADVERTISEMENT, AND THE ADVERTISING. THAT WOULD BE WITH AIR B&B OR WHATEVER THAT INDIVIDUAL RENTS THEIR UNIT.

THE FLOIDA DEPARTMENT OF A BUSINESS TO THAT REQUIREMENT.

I KNOW WE SPOKE ABOUT THIS AT OUR LAST MEETING.

AS MUCH INFORMATION ON THE LICENSING AVAILABLE FOR ADVERTISING. ADDITIONALLY OFFERING FOR CONSIDERATION OF THE BOARD VACATION RENTAL, WE SPOKE A LITTLE BIT ABOUT THIS AT OUR LAST MEETING AND FOUND THIS IS A VERY COMMON PRACTICE AND ALLOW FOR ANYONE IN THE

[00:15:03]

NEIGHBORHOOD WHETHER APARTMENT BUILDING OR RIGHT NEXT DOOR AND SHARING THE BUILDING, IF THERE IS AN ISSUE SOMETHING THAT IS GOING ON IN THAT HOUSE YOU DON'T HAVE TO WALK UP TO THE FRONT DOOR BUT ASSIGNED THERE THAT ALLOWS YOU TO OBTAIN THE CONTACT INFORMATION FOR THE PROPERTY MANAGER.

THEREFORE IT PUTS THE RESPONSIBILITY OF MANAGING THAT UNIT ON THE OWNER. VACATION RENTAL PLAQUES POSTED ON PROPERTY THAT STATES THE NAME, CITY OF TAX LICENSE, FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONS LICENSE NUMBER, PHONE NUMBER AND EMAIL OF THE PROPERTY MANAGER. SINGLE-FAMILY AND DUPLEX, SHALL POST VACATION RENTAL PLAQUES IN THE FRONT YARD AND APARTMENT CONDOMINIUM POSTED ON THE FRONT DOOR.

SO GIVEN SOME EXAMPLES OF WHAT IS GOING ON AND THEY ARE CHARMING. IF YOU GO TO THE BEACH RIGHT NOW YOU WILL SEE SOME OF THESE UNITS THAT ARE VACATION RENTALS MAY NOT HAVE THE CONTACT INFORMATION FOR THE CAPE SUMMER HOME BUT DEFINITELY IDENTIFYING THAT UNIT AS SOMETHING THAT IS A RENTAL. SHORT-TERM RENTAL.

SO HERE IS SOME EXAMPLES SOME THAT ARE HANGING, YOU KNOW CHARMING DEPENDING ON WHAT LOOK YOU ARE LOOKING FOR.

ALSO A COUPLE THAT WOULD BE THE ONES I WOULD BE RECOMMENDING FOR APARTMENTS WHERE GOES ON THE FACADE OF THE BUILDING.

POSTED IN THE GROUND. WE TOOK A LITTLE BIT OF TIME AND KIND OF PUT SOMETHING TOGETHER TO WHAT WE WOULD LIKE TO SEE ON THAT PLACARD. THAT WOULD BE THE MANAGER'S NAME, CONTACT INFORMATION AND THEIR LICENSE NUMBERS.

THIS CONCLUDES MY PRESENTATION. OPEN THIS UP FOR DISCUSSION.

>> IN THE SOUTH BEACH OVERLAY AND ORDERED AND THE REAPERS TO A LICENSE MANAGER. REQUIRED ON RENTAL PROPERTIES.

CAN WE EXPAND ON THAT? >> I AM NOT AWARE OF THAT IN SOUTH BEACH. SOMETHING IN THEIR, ASSOCIATION

DOCUMENTS? >> 'S SOUTH BEACH OVERLAY.

SECTION 2216. >> IT REFERS TO SUCH UNIT SHALL BE MANAGED BY EITHER ONE, AGENT OR TWO, OWNER OCCUPANT RESIDING

IN ANOTHER UNIT. >> I WILL NEED TO LOOK AT THAT.

2216? >> YES, MA'AM.

>> MR. CHAIR, MAYBE AT THIS TIME IT WOULD BE APPROPRIATE FOR ME TO KIND OF EXPLAIN THE SECOND HALF OF THE EQUATION WHICH IS THIS PLANNING BOARD HAS USES, FOR IT BUT SUBJECT TO REVIEW AND APPROVAL BY THE CITY COMMISSION.

I DON'T HAVE A PRESENTATION BUT I WILL TRY TO BE AS IN SINK AS A LAWYER CAN BE. EVERY VACATION RENTAL OTHER THAN THE TWO IN THE COMMERCIAL SECTION CONDITIONAL USES.

THEY HAVE TO APPLY THROUGH THE DEPARTMENT AND COME BEFORE THIS BOARD. EVERY SINGLE ONE.

NO MATTER WHERE THEY ARE. ONCE THAT HAPPENS YOU HAVE SEEN PRESENTATIONS, OR EVEN SOME OF THE NEW MEMBERS HAVE SEEN PRESENTATIONS WHERE THERE IS AN EVALUATION BY STAFF.

OBVIOUSLY THERE IS AN APPLICANT AND THEY HAVE TO MEET A BURDEN OF PROOF THAT THEY ARE ENTITLED TO.

THAT BURDEN OF PROOF NOT ESTABLISHED AT THIS BOARD BECAUSE AGAIN ADVISORY BUT ESSENTIALLY YOU ARE ACTING AS A FACT FINDER. ASKING THE QUESTIONS, LOOKED AT IN THE PAST, ABOUT CODE ACTIVITY AND WHETHER OR NOT THERE HAS BEEN PROBLEMS. WHETHER OR NOT THERE HAS BEEN POLICE ACTIVITY. WHETHER OR NOT THERE HAS BEEN OTHER INAPPROPRIATE ACTIVITY FACTUALLY BASED AND ESTABLISHED THAT WOULD MERIT THE RECOMMENDATION OF DENIAL FOR A CONDITIONAL USE. ALSO HEARD PEOPLE TESTIFY, I JUST DON'T WANT IT. SOME OF YOU FAMILIAR WITH THE ACRONYM, WHICH STANDS FOR NOT IN MY BACKYARD.

[00:20:01]

SOMETHING I LEARNED IN LAW SCHOOL, NOBODY WANTS A NUCLEAR POWER PLANT OR PORK PROCESSING PLANT OR SEWAGE TREATMENT PLANT IN THEIR BACKYAR GENERALLY SPEAKING.

BUT NOT IN MY BACKYARD IS TYPICALLY BASED ON SPECULATION.

ON HYPOTHETICAL. ON NOT FACT.

AND THAT IS NOT SUPPORTED UNDER FLORIDA LAW.

THAT IS NOT A VALID REASON WHEN IT GETS TO THE ULTIMATE DECISION-MAKER WHICH IS THE CITY COMMISSION THAT IS NOT A VALID REASON FOR THEM TO DENY A CONDITIONAL USE.

SO AGAIN YOU HAVE SIGNIFICANT DIFFERENCE AND SOMETIMES THE LINE IS GRAY AND WE HAVE HAD THOSE SITUATIONS WHERE THERE HAS BEEN SOME DOCUMENTATION OF PARKING INAPPROPRIATE OR ON PRIVATE PROPERTY BUT MAYBE ONLY BASED ON TESTIMONY OR MY NEIGHBORS NEIGHBOR TOLD ME ABOUT THE OTHER NEIGHBOR THAT SAW THIS. MAYBE NOT AS RELIABLE AS DIRECT EVIDENCE. COMES IN MANY FORMS. AN ATTORNEY ON OUR BOARD HERE AND FAMILIAR WITH ALL THE DIFFERENT WAYS. THE REASON WHY THAT IS IMPORTANT IS AGAIN IF IT IS NOT SUBSTANTIATED UNDER FLORIDA LAW ONCE THE APPLICANT MEETS THE BURDEN OF ENTITLED TO IT THEN THERE HAS TO BE SOME FACTUAL BASIS IN THE ALTERNATIVE AGAINST THAT TO DENY IT. IN ORDER FOR THAT TO BE UPHELD IF CHALLENGED AT A CIRCUIT COURT.

SO I WANT TO BE CLEAR THERE IS TWO LEVELS GOING ON AND VERY HARD SOMETIMES BECAUSE PEOPLE ARE EMOTIONAL BECAUSE IT IS NEIGHBORHOODS, IT IS WHERE PEOPLE LIVE BUT FROM A LAND-USE LEGAL PERSPECTIVE IN FLORIDA AND THE CASE LAW IS VERY CLEAR YOU CANNOT DENY SOMEBODY BECAUSE YOU THINK IT MIGHT BE BAD, YOU HAVE HEARD IT MIGHT BE BAD, SOMEBODY ELSE TOLD YOU IT MIGHT BE BAD. HAVE TO BE BASED ON SUBSTANTIAL EVIDENCE.O THAT IS THE FIRST THING I WANTED TO TALK ABOUT.

THAT PROCESS BEGINS HERE WITH FACT-FINDING.

ALMOST LIKE THE POLICE. OKAY, IS THERE CODE? IS THE POLICE? OTHER NUISANCE ACTIVITY?

>> INTERRUPT YOU FOR A MOMENT. TWO QUESTIONS OVER THE LAST COUPLE WEEKS CONCERNING VACATION RENTALS.

THE QUESTIONS WERE A, IF THE COMMISSION DENIES AN ADDRESS FOR VACATION RENTAL WHY WITH THAT VACATION RENTAL BE ALLOWED TO BE REAPPLIED? B, IF THAT VACATION RENTAL HAVE BEEN DENIED BY THE COMMISSION PROPERTY WAS RENTED ANYWAY.

CODE ENFORCEMENT APPLY FINES TO IT.

WITH THAT PROPERTY ENTITLED TO COME BACK AGAIN AND APPLY? TWO QUESTIONS, DEW POINT APPLICATION.

>> THE FIRST QUESTION HAVING TO DO WITH DENIED BY THE CITY COMMISSION AND THEN HAVING THE ABILITY TO REAPPLY IN SIX MONTHS. I WOULD ANALOGIZE THIS TO TRYING TO APPLY TO THE FLORIDA BAR, TO BE A REALTOR OR APPLY FOR ANY TYPE OF LICENSE THEY DO INITIALLY DENY.

IF FOR EXAMPLE A VACATION RENTAL WAS DENIED BECAUSE THERE WAS SIGNIFICANT AMOUNT OF NUISANCE ACTIVITY, I WILL SAY TRASH LEFT IN THE YARD, AND CODE CALLED 10 TIMES OVER A SIX-MONTH PERIOD. AND THAT WAS THE BASIS FOR THE DENIAL. ARGUABLY THAT IS SUBSTANTIAL EVIDENCE. SIX MONTHS GOES BY, AND THE OWNER SAYS LOOK BACK AT MY RECORD NOW I HAVE HAD NO CITATIONS FOR THE LAST SIX MONTHS, INSTITUTED PLACARDS AND SIGNAGE. WORKED WITH CODE, MADE SURE I COLLECT A DEPOSIT, $500 PER RENTER TO MAKE SURE THESE THINGS DO NOT HAPPEN. SO CIRCUMSTANCES WOULD HAVE CHANGED ARGUABLY. THEY MAY NOT HAVE, WE HAVE SEEN SITUATIONS AND I RECALL THERE WAS A RESTAURANT, I WAS AT A PLANNING BOARD HEARING FOR, I WANT TO SAY A BEVERAGE LICENSE WAIVER OF DISTANCE ABOUT A YEAR AGO.

THERE WAS STILL QUESTION ABOUT SOME INCIDENCES THAT HAD HAPPENED WHETHER STILL CLOSE ENOUGH IN TIME TO BE REFLECTIVE OF THE SITUATION. ARE GOING TO BE BASED ON INDIVIDUAL EVALUATION. THAT IS THE FIRST PART.

[00:25:03]

THAT IS WHY SOMEBODY COULD COME BACK AFTER SIX MONTHS.

THE SECOND PART OF THE QUESTION IS WHAT IF THEY ARE DENIED AND ESSENTIALLY BAD ACTORS? THEY DO IT ANYWAY.

WHILE ARGUABLY THEY THEN ARE ESTABLISHING A TRACK RECORD, PATTERN OF EVIDENCE THAT MAKES IT EASY IF THEY DO COME BACK AND IF YOU RECALL THERE WAS A LOCATION ON THE ISLAND, AND THAT ACTOR NEVER RECEIVED THE VACATION RENTAL CONDITIONAL USE AND WAS FINED IN VIOLATION BY THE CODE ENFORCEMENT BOARD SEPARATE ENTITY FOR TWO DIFFERENT VIOLATIONS.

$5000 OF VIOLATION. ULTIMATELY MY UNDERSTANDING THAT THAT ACTIVITY, THE VACATION RENTAL CEASED COMPLETELY AND THE GENTLEMAN PUT THE HOUSE UP FOR SALE AND IT MAY OR MAY NOT HAVE SOLD. IT WAS UP FOR A VERY HIGH #THINK IT SAT FOR A WHILE BUT AGAIN THAT IS WHAT YOU SEE IN THE SECOND PART I WANT TO TALK ABOUT QUICKLY IS THE PROCESS SUCH AS IN THE COUNTY AND OTHER LOCATIONS, THAT IS WHY I WANTED TO MAKE SURE YOU HAVE THIS. THIS IS A BIG PACKET.

WHEN YOU LOOK AT IT YOU EITHER HAVE A PROCESS THAT IS MORE THAT AKIN TO AN EVALUATION. BASICALLY A COURT HEARING.

OR YOU HAVE MORE LIKE A CHECKLIST OF MORE PERFUNCTORY TYPE THINGS. YOU WILL SEE THEY HAVE THIS OUTLINE ON THE FRONT THAT TALKS ABOUT ALL OF THE THINGS YOU HAVE TO HAVE. I WOULD ASK THAT YOU GO TO WOOD SHOULD BE PAGE TWO. PAGE 3 MAY BE.

VACATION RENTAL LICENSE APPLICATION.

AGAIN I APOLOGIZE. IT WILL BE SCANNED IN FOR EVERYBODY TO SEE. IF YOU LOOK AT THIS APPLICATION THEY FILL OUT ALMOST ALL OF THE INFORMATION THAT YOU ARE TALKING ABOUT THAT ARE CONDITIONAL USE ISSUES.

THEY HAVE TO PROVIDE AND ATTACH MANY THINGS.

THEY HAVE TO PAY $250 FEE, I SPOKE WITH THE DEPARTMENT EARLIER TODAY. IT IS BIANNUAL.

EVERY TWO YEARS. THEY PHYSICALLY GO AND INSPECT THE UNIT TO VERIFY THAT ALL OF THIS IS ACCURATE WITH THE CODE ENFORCEMENT OFFICER. THE INDIVIDUAL ATTESTS UNDER OATH THAT THIS IS ACCURATE. ARGUABLY IT COULD BE DENIED BUT IT WOULDN'T BE DENIED BASED ON SOMETHING SUCH AS I THINK IT IS GOING TO BE A BUNCH OF COLLEGE KIDS GOING TO BE UP UNTIL MIDNIGHT. BASED ON THE FACT WHEN YOU LOOK THEY DON'T HAVE THE APPROPRIATE LICENSE.

THEY DON'T HAVE THE APPROPRIATE NUMBER OF PARKING SPACES.

THEY DON'T HAVE VERIFICATION. YOU ALSO SEE A FORM THAT CONTINUES ON AND IT CAN BE THE NEXT PAGE, THEY CAN LOSE THIS LICENSE. FURTHER SHOULD THEY VIOLATE IT, FURTHER IN THE ORDINANCE. THE FIRST VIOLATION OF THOUSAND DOLLARS. THE SECOND $5000.

IT IS SIGNIFICANT. THE LAST ASPECT OF IT IS IT COVERS SEVERAL THINGS THAT HAVE COME BEFORE THIS BOARD INCLUDING FIRE SAFETY SUCH AS HAVING NOT A SPRINKLER SYSTEM BUT A FIRE ESTINGUISHER SO THOSE TYPES OF THINGS.

LIFE HEALTH SAFETY CHECKLIST NEAR THE END AND REQUIRED TO GO OVER WITH THE PLANNER. SO WHAT THAT DOES AGAIN IT MAKES IT A DIFFERENT APPROACH TO ALL THESE THINGS ARE DONE.

I AM NOT ADVOCATING IT. I AM NOT SAYING IT IS RIGHT, THIS IS A TOTALLY DIFFERENT APPROACH THAN WE HAVE.

THEY COULD HAVE 300 PEOPLE COME IN IN A WEEK TO APPLY FOR VACATION RENTALS AND ARGUABLY THE PLANNING DEPARTMENT IN CONJUNCTION WITH THE CO-DEPARTMENT WOULD HAVE TO PROCESS THOSE, SOMETHING WRONG FROM AN OBJECTIVE POINT OF VIEW. COULD BE REMEDIED.

BUT IT DOESN'T HAVE A QUALITATIVE, QUALITATIVE ANALYSIS WHERE IT WOULD COME BEFORE A BOARD OR EVEN THE COUNTY COMMISSION. AGAIN THAT IS REQUIRED IN THE

[00:30:06]

CITY.ASICALLY IMPOSSIBLE OTHER THAN THOSE TWO COMMERCIAL ZONING DISTRICTS THAT YOU CAN HAVE A CONDITIONAL USE JUST BY RIGHT. SO A DIFFERENT RUBRIC, I DON'T KNOW THAT IT IS RIGHT BUT AGAIN IT IS A VERY FLUENT COMMUNITY IF YOU ARE FAMILIAR WITH INDIAN RIVER COUNTY.

THE MAIN REASON THEY HAVE ONE OF THESE THINGS WHICH IS NO WEDDINGS, BECAUSE INDIVIDUAL HAD RENTED, HAD BOUGHT 11 BEDROOM HOUSE OCEANFRONT. HE LIVED IN SOUTH FLORIDA AND REGULARLY RENTING IT OUT FOR 30, $50,000 A WEEKEND FOR WEDDINGS. AS YOU MIGHT IMAGINE HIS NEIGHBORS ARE NOT EXACTLY EXCITED ABOUT HAVING A WEDDING EVERY WEEKEND. THAT IS WHAT CAUSED THIS.

NOTHING ON THE BOOKS PRIOR TO 2011 SO THEY DIDN'T HAVE ANY TEETH. THE STATE STATUTE DOESN'T ALLOW US TO REGULATE UNLESS YOU WERE GRANDFATHERED.

THE STATE STATUTE AS IT IS NOW SAYS BASED ON THE LOCATION, ZONING OR HOW MANY DAYS, YOU HAVE OTHER TYPES OF RESTRICTIONS IN THEIR AND I HAVEN'T HAD THE OPPORTUNITY.

I DON'T KNOW WHAT THEIR CODE ENFORCEMENT PROBLEMS MIGHT BE.

A MATTER OF PUBLIC RECORD TO FIND OUT.

I AM NOT IGNORING EITHER OF THE OTHER TWO HERE.

A MATTER OF EASE TO FIND OUT HOW MANY COMPLAINTS HAVE THEY HAD IN THE COUNTY. THEY PASSED A SIMILAR ORDINANCE INDIAN RIVER SHORES. SO I THINK DID AN EXCELLENT JOB IDENTIFYING WHAT WE HAVE AS A WORKING FRAMEWORK RIGHT NOW BECAUSE IT IS OUR CODE OF ORDINANCE.

IT IS OUR LAW AS A CITY. THAT CAN BE AMENDED.

THAT IS WHY YOU WERE HERE FOR A WORKSHOP TO DISCUSS.

I THINK IT PROBABLY WAS NOT IN SYNC BUT HOPEFULLY I PROVIDED

GOOD INFORMATION. >> YOU DID GOOD.

>> DOWNTOWN OVERLAY. VACATION RENTALS ARE PERMITTED.

I CAN SHOW YOU WHAT WE FOUND. A RIGHT UNDER OVERNIGHT ACCOMMODATIONS, STANDARDS. SEPARATE ENTRANCE.

SHALL BE PROVIDED FOR EACH UNIT.

REALLY FOR HOTELS. I DON'T BELIEVE COMPARABLE THROUGH VACATION RENTALS. MAY BE MANAGED BY EITHER A FLORIDA LICENSED PROPERTY MANAGER OR OWNER, AGENT RESIDING IN ANOTHER UNIT SHALL COLLECT AND PAY ALL APPLICABLE TAXES. CURRENT CONTACT INFORMATION FOR THE MANAGEMENT AGENCY OR OWNER OCCUPANT DISPLAYED IN AN ACCESSIBLE LOCATION OUTSIDE THE RENTAL.

INTERESTING THAT IT IS BROUGHT TO OUR ATTENTION.

WE HAVE NEVER HAD A VACATION RENTAL IN DOWNTOWN AND WE DO

NOT HAVE ANY HOTELS RIGHT NOW. >> 2216.

>> UNDER THE DOWNTOWN OVERLAY. >> ALSO 2216?

>> 2216 BUT IN THE DOWNTOWN. >> OKAY.

REX INTERESTING THAT WE HAVE THESE REGULATIONS FOR OUR DOWNTOWN PROJECT POTENTIALLY VACATION RENTALS OR HOTELS IN DOWNTOWN, WHERE WE REQUIRE LICENSE MANAGERS.

HERE WE ARE LOOKING AT VACATION RENTALS EVERYWHERE OUTSIDE THE COMMERCIAL DISTRICT. RIGHT NOW CONDITIONS DO NOT REFLECT THAT. PERHAPS SOMETHING WE CAN

DISCUSS RIGHT NOW. >> IF I UNDERSTAND IT, THE LICENSE MANAGEMENT ISSUE IN THIS BOOK TO YOU BRIEFLY ABOUT IT AND I KNOW NOW YOU HAVE EXPERT INFORMATION.

ALSO REAL ESTATE GROUP NEXT TO ME HERE.

AS I UNDERSTAND IT, KICK ME OR SOMETHING IF I SHOULD BE STATING SOMETHING, THE ONLY LICENSING OF A PROPERTY MANAGER COMES INTO PLAY IS IF THEY ARE COLLECTING RENT?

[00:35:01]

>> CORRECT. >> MANAGING A BUDGET TOO.

A BUDGET. >> OKAY.

>> OVER HUNDRED THOUSAND REQUIRED BY THE STATE TO HAVE A PROPERTY MANAGER.> VACATION RENTAL TYPICALLY MOST OFTEN I THINK BASED ON WHAT I HAVE RESEARCHED IN MY DISCUSSION WITH CHARLENE, WHO DOES THE RESEARCH FOR CODE ENFORCEMENT ON VACATION RENTALS, MOST VACATION RENTAL OPERATIONS ARE USING COMPANIES LIKE AIR B&B, I GUESS ONE OR TWO OTHERS OUT THERE DOING SIMILAR ACTIVITIES. ACTUALLY COLLECTING THE RENT.

AND THEN THEY DEDUCT AS I UNDERSTAND IT DEDUCT THEIR COMMISSION AND PAY THE HOMEOWNER THE BALANCE.

BASED ON WHAT THE HOMEOWNER AND THEY HAVE CHOSEN I SUPPOSE TO CHARGE FOR RENT FOR THAT UNIT FOR A TIME.

THE MANAGER NEVER IN PLAY COLLECTNG RENT.

>> FROM WHAT I UNDERSTAND. SO MY QUESTION THEN BECOMES A LEGAL QUESTION. IF WE SAID WE WANTED TO INCLUDE THE NECESSITY TO HAVE A LICENSE MANAGER MANAGING THESE PROPERTIES RATHER THAN MRS. SMITH WE DON'T HAVE ANY IDEA WHAT YOUR BACKGROUND IS OR MR. JONES, HOW CAN WE GO ABOUT HAVING A LICENSING AGREEMENT INVOLVED OR HAVING A LICENSE INVOLVED FOR MANAGER? IN THE CITY OF FORT PIERCE?

>> I DON'T HAVE AN EXACT ANSWER FOR YOU FOR THAT.OMETHING I WOULD HAVE TO DEFER OR COMMUNICATE WITH OUR LEGAL DEPARTMENT. INTERESTING THAT WE HAVE RECOGNIZED THAT UNDER OUR DOWNTOWN OVERLAY STANDARDS.

SO IT MUST HAVE BEEN SOME METHOD TO THAT, I DON'T KNOW HOW, WE HAVE SPOKEN, WE'VE BEEN PERCEIVED THAT POTENTIALLY DOWN THE LINE ESTATE MAY AS REQUIRED OTHER LICENSES THIS HAS BECOME A POPULAR BUSINESS, THAT MAY EVENTUALLY GO IN THAT DIRECTION. I DON'T KNOW HOW WE CAN MANDATE

THAT RIGHT NOW. >> THE EXAMPLES YOU HAD GIVEN EARLIER MUNRO COUNTY FOR EXAMPLE, THERE LICENSURE ISSUED BY THE COUNTY. NO QUALIFICATION TO BECOME A LICENSED MANAGER. THAT IS HOW ãTHE STATE DOES NOT ADDRESS THIS. A GAP IN THE REQUIREMENTS.

A MANAGER'S LICENSE, REAL ESTATE BROKERAGE SALES OR BROKERAGE LICENSE. THIS PARTICULAR MANAGEMENT DOESN'T REQUIRE ANY OF THE ABOVE.

THAT IS WHERE YOU ARE SAYING THIS NEWLY CREATED INDUSTRY.

NOW REGULATING THE ACTUAL USE FUNCTION SOME POINT SPIN UP SOME REQUIREMENT FOR IT AS WELL BUT LOCALLY MUNRO COUNTY AND OTHER MUNICIPALITIES ISSUING A LICENSE ON A PER FEE BASIS.

REALLY THE ONLY REQUIREMENT. >> THAT IS DONE BY THE COUNTY.

>> MUNRO COUNTY CONTROLLED AT THE COUNTY LEVEL.

CORRECT. >> STATE OF CALIFORNIA THEY HAVE THEIR OWN. NOT SOMETHING THAT IS A STATE

LICENSE. >> GOING TO GET CLEANED UP.

>> $30 BILLION A YEAR IN THE STATE OF FLORIDA ALONE.

PULTIMATELY GOING TO HAVE SOME TYPE OF RECYCLING.

>> YOU WANT TO GO BACK AND TAKE A LOOK AND SOME CONDITIONS AND

APPROVAL WE HAVE RIGHT NOW? >> YES.

>> A COUPLE OF QUESTIONS AS WELL.

>> LIKE I SAID THE FIRST FOUR OF WHAT WE CURRENTLY HAVE, FIVE SOMEWHAT MODIFIED TO ADD STATE AGENCY.

SIX SOME OF THE SUGGESTIONS THAT I THOUGHT COULD HELP APPEASE SOME OF US IN THE COMMUNITY OR ON THE BOARDS THAT WOULD LIKE TO HAVE SOME CONTACT PERSON.

WE HAVE A STAFF. ALREADY COLLECTING THE

[00:40:01]

INFORMATION WE HAVE FOR PROPERTY MANAGERS.

GOING TO CREATE A DATABASE AND WE WILL PUT THAT ON OUR WEBSITE BUT THAT IS NOT A CONDITION FOR AN APPLICANT SO I DO NOT LISTED HERE BUT THAT IS SOMETHING WE ARE COLLECTING.

>> OKAY. >> TIM OR BOB ANYTHING YOU WANT TO ADD? KIND OF OUT THERE REMOTE.

EVERYTHING GOOD SO FAR? ALL RIGHT.

ANYTHING? I KNOW YOU HAVE SOME IDEAS CONCERNING SOME OF THESE ISSUES WE HAVE.

>> ES. THE OPPORTUNITY TO DISCUSS THIS ON A COUPLE OF OCCASIONS. AS WE HAVE DISCUSSED AT THIS BOARD MULTIPLE OCCASIONS THE CONTROL POINT COMES DOWN TO THIS MANAGEMENT AGENT. WE ARE NOT HERE TO RELITIGATE THE STATE LAW OR THE CITY ORDINANCE, I GET THAT.

BUT THE CONTROL POINT THEN BOILS DOWN TO THE MANAGEMENT ACTIVITY. IN REVIEWING THE MONROE COUNTY REQUIREMENTS I THOUGHT THE LICENSURE ASPECT OF THAT WAS A PHENOMENAL IDEA. INDIAN RIVER COUNTY BRIEFLY LOOKING AT IT, OBVIOUSLY STEPPED UP THEIR GAME TO MIRROR MONROE COUNTY. NOT SURE IF WE ARE PREPARED TO GO TO THAT LEVEL BECAUSE OF STAFFING ISSUES, CODE ENFORCEMENT, PLANNING A PACKAGE OF RECOMMENDATIONS THAT I THINK COULD IMPROVE OUR SITUATION SIGNIFICANTLY.INITIALLY ONLINE ADVERTISING REQUIRE THE NUMBERS BE REQUIRED TO BE PLACED IN THEIR AD, MECHANISM OF THE NUMBER, WAS TO CONFIRM THAT THE RENTALHAD BEEN PROPERLY REGISTERED WITH THE CITY AND PROPERTY APPROVED. IN ADDITION JUST AS A SIDE NOTE THE STATE OF FLORIDA COLLECTS 6.5 PERCENT TAX ON THESE RENTALS. AS I STATED THE STANDALONE INDUSTRY, $20 BILLION A YEAR IN FLORIDA, $10 BILLION A YEAR IN REVENUE THAT IS TAXED BY THE STATE.

THE COUNTY TOURISM BOARD COLLECTS FIVE PERCENT, 6.5 PERCENT TO THE STATE. TO THE FUND OF THE COUNTY AND FIVE PERCENT TO THE TOURIST DEVELOPMENT BUREAU FOR LACK OF A BETTER DESCRIPTION. CITY OF FORT PIERCE COLLECTS $15 WITH THE APPLICATION ANNUAL RENEWAL FEE OF FIVE DOLLARS, BCR, $39.71. MUST PAY A $50 APPLICATION FEE.

WE WILL COME BACK AROUND TO THAT.

BACK TO THE PROPERTY MANAGER FUNCTION ONLINE ADVERTISING, THE INCLUSION OF THE NUMBER WILL BE A CRITICAL COMPONENT.

TO THE PARTICULAR UNITS THAT ARE REGULATED.

31 DAYS OR LESS. ALSO SUGGEST IN THAT SAME ONLINE ADVERTISING AND NOT SURE IF WE HAVE THAT INCORPORATED ALREADY, RELATIVE TO THE PROPERTY MANAGER LISTED ONLINE AS WELL. SO YOU HAVE THE NUMBER AND YOU HAVE THE MANAGER'S NAME AND CONTACT INFORMATION.

ONCE AGAIN CIRCLING BACK AROUND TO THIS ACCESSIBILITY ISSUE.

ALSO THE PLACARDS THAT WERE DISCUSSED FOR LAWN SIGNAGE SIMILAR TO SANDY JUICY FOR A SECURITY COMPANY.

PROPERTY PROTECTED BY SECURITY. GIVES THE INFORMATION ACCESSIBLE. THAT COMPONENT IS CRITICAL TO THIS 24/7 CONTACT REQUIREMENT. ALSO LIKE TO SEE INCLUDED A PROOF OF RESIDENCY FOR THE MANAGEMENT AGENT.

INDICATING THEY NEED TO BE RESIDENT OF THE COUNTY.

PROOF OF THAT RESIDENCY WHEN THEY ARE REGISTERING FOR THE CONDITIONAL USE PROCESS TO THE CITY CLERK'S OFFICE.

I ALSO PICKED UP IN HERE AND NOT SURE IF THIS COULD BE A REGULATION. ONE OF MY BIG ISSUES IS THE

[00:45:01]

PARKING COMPONENT. MANY OF THE STREETS AFFECTED BY SHORT-TERM RENTALS HAVE ZERO ON STREET PARKING IN THE CONGESTION POINT FOR EMERGENCY VEHICLES, POLICE TO RESPOND TO EMERGENCY CALLS. I BELIEVE ONE OF THE COUNTIES YOU HAD REFERENCED PUT IN A PROVISION INDICATING NO ON STREET PARKING, CLEANS IT UP. SIMPLY NOT ALLOWED.

SO THEY HAVE TOWING CAPABILITIES.

>> MUNRO COUNTY ALSO REQUIRES GUEST LIST AND THE LICENSE TAG NUMBER. SO IF THAT IS AVAILABLE THEN YOU WOULD KNOW YOU ARE NOT TOWING SOMEONE WHO ISN'T

ASSOCIATED WITH THAT RENTAL. >> RECOGNIZING THE FACT WE DON'T HAVE A COMPONENT NOR STAFF IN THE CODE COMPLIANCE DEPARTMENT TO BE OUT MANAGING THESE THINGS 24/7, CONTACT INFORMATION CRITICAL. PARKING CRITICAL.

REGISTRATION AND BACK AROUND TO THE FEE STRUCTURE.

THE STATE IS COLLECTING HUNDREDS OF MILLIONS OF DOLLARS, THE COUNTY COLLECTING FIVE PERCENT OFF THE TOP, THE CITY COLLECTING ENOUGH TO BUY LUNCH DOWNTOWN.

THIS MAKES ABSOLUTELY NO SENSE TO ME WHATSOEVER.

THE CITY REQUIRED TO BE IN ESSENCE TO THE POLICING AGENCY, SUGGEST THAT INCORPORATE SOME TYPE OF PERMIT FEE FOR EVERY ONE OF THESE RENTALS THAT COME UP THAT WOULD BE PAID TO THE CITY. YOU HAVE YOUR BTR COMPONENT, CANNOT BE MODIFIED EXCEPT FOR EVERY TWO YEARS AND IT IS CAPPED. NOT THE ARENA WE WANT TO BE LOOKING FOR TO CHANGE THIS PICTURE.

LOOKING AT A PERMIT FEE. MUNRO COUNTY HAS A PERMIT FEE REQUIRED FOR THE RENTAL OF SELF.

>> IF I CAN, THE MOST POPULAR AREA IN MONROE COUNTY, REQUIRES

$1000. >> WE FIND OURSELVES ãTHE CITY CLERK'S OFFICE ADMINISTERING THESE THINGS, THE GENERATION FOR MANAGEMENT AGENTS. EXPANDING MANPOWER EFFORTS TO UNDERTAKE THIS OF COURSE ENFORCEMENT OVERWHELMED.

CHARGE WITH THIS NEW DEVELOPMENT OF MONITORING THESE THINGS 24 HOURS A DAY SEVEN DAYS A WEEK.

AT LEAST WE CAN GENERATE SOME REVENUE TO OFFSET SOME OF THE CITIES OUT-OF-POCKET COSTS. I HAVE TO THINK WITH RENTALS RENTING FOR THOUSANDS OF DOLLARS A WEEK THAT A NOMINAL PERMIT FEE SIMPLY NOT THAT MUCH TO ASK FOR THE SERVICES

PROVIDED BY THE CITY. >> IF I MAY ADD TO THAT ALSO, WE WERE LOOKING AT CONDITIONAL USE APPLICATION FEES.

IN THE GENERAL AREA. CONDITIONAL USES NOT JUST FOR VACATION RENTALS. THERE ARE OTHERS.

OUR APPLICATION FEE FOR CONDITIONAL USES $100.

WHEN YOU LOOK AT THE CITY OF STUART OVER 1500.

ALSO ADVERTISING FEES. THE CITY $200.

ST. LUCIE COUNTY UNDER 10 ACRES 1500.

FOR OVER 2000. CITY OF MELBOURNE 1100.

THEN THEY HAVE THEIR ADVERTISING, MAILINGS.

AND WE CHARGE $100 FOR CONDITIONAL USES.

WE ARE DOING ADVERTISING FEES AND NOW.

>> THE VALUES OF THE FEES THAT FALLS INTO THE COMMISSION.

>> REVIEWING OUR FEE STRUCTURE RIGHT NOW AS WE DO HAVE TEMPORARY WAIVERS AND REDUCTIONS THROUGH NOVEMBER 30.

THE DEPARTMENT WAS CHARGED WITH WHEN WE COME BACK NOVEMBER 30 TO HAVE EVALUATION OF A MUCH MORE OF OUR FEES IF NOT ALL OF THEM. COMPARING THEM WITH OTHER

LOCALITIES, COUNTY LEVEL. >> OBVIOUSLY THE FEE TO APPLY FOR CONDITIONAL USE SHOULD COVER THE COST OF THE DEPARTMENT THAT IS PROCESSING THAT CONDITIONAL USE.

>> LOOKING AT THE INDIAN RIVER REQUIREMENTS AND THE MONROE COUNTY REQUIREMENTS I GET IT. IN A PERFECT WORLD I WOULD SAY

[00:50:09]

LET'S END THIS MEETING AND RATIFY THAT DOCUMENT HOWEVER I RECOGNIZE THE FACT THAT BASED ON THE MANPOWER WE HAVE AVAILABLE THAT IS GOING TO BE A REACH TO GET THAT ADOPTED AND I THINK THE COMMISSION WILL RECOGNIZE THAT.

I BELIEVE WE CAN IMPROVE OUR RECOMMENDATIONS NOW TO DEAL WITH THE ISSUE, DEAL WITH THIS PARKING ISSUE, WITH THE FEE STRUCTURE. CONSOLIDATE THAT INTO A GROUP OF RECOMMENDATIONS TO PRESENT TO THE COMMISSION WOULD AT LEAST GET US INTO THE GAME OF PROPERLY INITIATING THE REQUIREMENTS IN PLACE. SIMPLY PUT THESE ARE NOT JUST OWNED BY PEOPLE THAT OWN ONE OR TWO, NATIONWIDE COMPANIES THAT ARE BUYING THESE UP IN PACKAGES.

THEY DON'T EVEN SEE THE PROPERTIES.

BUYING THESE 200 AND 500 AT A TIME.

THEN YOU RUN INTO THE PROBLEM. WHAT HAPPENS WHEN THERE IS A DOWNTURN IN THE ECONOMY? IF WE CAN PROVIDE ALL RESIDENTS WITH THE ABILITY TO CONTACT THE AGENTS, HAVE THAT INFORMATION AVAILABLE, ILLUMINATE THE PARKING ISSUES.

AT LEAST DIAL BACK SOME COMPLAINTS THAT WE ARE EXPERIENCING NOW. THOSE ARE THE SUGGESTIONS I WOULD MAKE TO ADD. PRETTY MUCH THE SAME THING.

>> I WANT TO THANK YOU, OBVIOUSLY THOUGHT ABOUT THIS AND HE PRESENTED FOUR VERY UNDERSTANDABLE AND EASY TO IMPLEMENT POLICIES THAT I AM IN FULL AGREEMENT WITH.

THANK YOU. >> YOU ARE WELCOME.

>> CLARIFICATION ON THE FEE MANAGEMENT.

THIS IS GOING FORWARD FOR NEW APPLICATIONS AND GRANDFATHERING IN PERSONS WHO ARE IN OR DO THEY PAY A RENEWAL?

>> PAID ON ALL SHORT-TERM RENTALS.

RETROACTIVE. NOT SURE IF WE CAN EVEN DO

THAT. >> IF YOU LOOK AT THE INDIAN RIVER COUNTY PACKET A SIGNIFICANT AMOUNT OF DISCUSSION OF GRANDFATHERING. TWO WAYS TO DO GRANDFATHERING.

ONE IS TO DO A BLANKET GRANDFATHER, EVERYBODY THAT HAS IT IS FINE UNTIL A CHANGE OF USE WOULD HAPPEN OR SOMETHING SIGNIFICANT. ANY NUMBER OF THRESHOLDS OR BENCHMARKS. THE OTHER WAY SIMPLY SAY YOU GET FOUR YEARS OR FIVE YEARS THAT IS WHAT I HAVE SEEN MORE TYPICALLY BECAUSE AGAIN IT IS HARD TO SAY YOU HAVE TAKEN INVESTMENT RIGHT AWAY IN SOMETHING THAT MORE OR LESS VALID FOR ONE YEAR. THEY ACTUALLY SAY THAT.

WE DON'T MAKE PEOPLE COME BACK EVERY YEAR BUT YOU KNOW ANY OTHER CONDITIONS THAT COME UP, THEY REQUIRE THAT A SEPARATE PROPERTY MANAGER BE WITHIN THE VILLAGE.

THEN THEY HAVE A SECONDARY BACKUP WITHIN 30 MILES.

THIS IS SEPARATE FROM THE OWNERS.

A RANGE OF IDEAS THAT YOU COULD COME UP WITH FOR SUGGESTIONS.

I DON'T KNOW YOU CAN JUST HERE TODAY SAY THIS IS THE FINAL POINT. A BEGINNING OF A DISCUSSION.

>> RECOMMENDATIONS HERE THAT I LIKE.

YOU HAD RECOMMENDATIONS THAT YOU THOUGHT YOU MIGHT WANT TO SEE ADDED.O WE HAVE A NOTE OF WHAT WE MIGHT WANT TO SEE

ADDED? >> ABSOLUTELY.

AGAIN RECOMMENDATION. I THINK WE SHOULD FORMALIZE THIS IN SOME TYPE OF A MEMO. PRESENTING THIS TO THE

COMMISSION. >> THE ISSUE OF POTENTIAL FEES AND SO ON, RENEWAL FEES, UPFRONT FEES THAT NEEDS TO BE

HANDLED THROUGH THE COMMISSION. >> CORRECT.

ADOPTED BY RESOLUTION. >> RECOMMENDATION.

>> MAKE RECOMMENDATIONS ON THAT.

WE MIGHT HAVE A FURTHER DISCUSSION ON THIS?

>> I BELIEVE IT WOULD BE WARRANTED.

>> WHAT I AM GOING TO DO IS OPEN TO THE PUBLIC MEETING.

[4. 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 Chair, as this section of the Agenda is limited to fifteen minutes. The Planning Board will not be able to take any official actions under Comments from the Public. Speakers will address the Board and the Public with respect. Inappropriate language will not be tolerated.]

ANYONE LIKING TO SPEAK POLICE,. THREE MINUTE TIME ON THIS.

PLEASE STATE YOUR NAME, YOUR ADDRESS AND SIGN IN.

[00:55:04]

YOU WILL HAVE THREE MINUTES FROM THE TIME YOU START SPEAKING. CAN YOU OPERATE THESE LIGHTS FROM OVER THERE? LOOK AT YOU.

>> MY NAME IS MICHELLE. REMIND THE PLANNING BOARD NUMBER ONE YOU DO NOT HAVE THE RIGHT TO VIOLATE PROPERTY RIGHTS, CERTAIN THAT YOU GUYS UNDERSTAND THAT WE AS RESIDENTS HAVE RIGHTS. BE VERY CLEAR THAT THIS HAS GONE UP TO THE STATE, PUT IT ON THE RECORD HERE THAT THE FORMER INTERPRETATION NUMBER 179 AGAIN ALLOWS FOR VACATION RENTALS, YOU CANNOT INTERFERE ON THE BASIS OF WHAT HAS BEEN STATED BY 9-0 VOTE IN OUR FAVOR. MAKE IT CLEAR THAT IN JENNIFER'S PRESENTATION NONE OF THESE THINGS HAVE TO BE FILED WITH THE CLERK OF THE COURT WHICH IT STATES IN ONE OF HER PARTICULAR NUMBERS. ALL HAS TO DO WITH THE STATE LICENSE, AND YOUR TAX ETC. RAISING THE FEES RIDICULOUS.

YOU GUYS CONTINUE TO VIOLATE OUR RIGHTS.

YOU DON'T EVEN HAVE ãYOUR RECOMMENDATION DOESN'T EVEN MATTER TO THE COUNCIL. I THINK YOU SHOULD ELIMINATE THE PLANNING DEPARTMENT. YOU GUYS TAKE ENTIRELY TOO LONG. YOU ARE VIOLATING THESE PEOPLE'S RIGHTS. I REPRESENT MANY PEOPLE AS RESIDENTS. I AM TIRED OF YOU GUYS INTERFERING. YOU WANT TO ADD MORE FEES ON HERE, YOU WANT TO MAKE EXCUSES. PARKING, IT IS THIS, INTERFERENCE. YOU GUYS ARE NOT EVEN

LISTENING. >> I AM WRITING NOTES OF WHAT

YOU SAY. >> I WILL BE SENDING AN EMAIL SINCE YOU ONLY GIVE US THREE MINUTES.

SO THE PEOPLE ARE SICK OF IT, THE RESIDENTS ARE TIRED OF THIS. YOU GUYS CONTINUE TO INTERFERE I HAVE BEEN WORKING WITH THE CITY FOR SOME TIME NOW TRYING TO GET THIS REGULATED PROPERLY. YOU GUYS ãI AM THE ONE WHO GAVE THE PACKET TO TOM AND YOU GUYS ARE PASSING IT AROUND.

YOU GUYS DO NOT EVEN DO YOUR OWN RESEARCH.

I AM THE ONE THAT DID THE RESEARCH.

I AM THE ONE WHO CONTINUES TO FIGHT FOR THE RESIDENTS.

MY VACATION RENTAL IS DOING FINE.

I PAY MY TAXES AND ALL OF MY PEOPLE COME HERE AND SPEND MONEY IN THE CITY HELPING THE ECONOMY.

THE RESTAURANTS, THE SURF SHOPS, THE BOATS, WATER SPORTS.

TAMMY OVER WITH THE HORSES. WE NEED THE TOURISM.

QUITE SICK OF THIS. KEEP FIGHTING YOU GUYS.

>> ANYONE ELSE? >> PAUL, FORT PIERCE.

>> PLEASE SIGN IN AS WELL. >> WORKSHOP ON THIS VACATION RENTAL. PUBLIC COMMENT.

HERE FOR 20 YEARS. BESIDES THE POINT.

I ALSO WORKED IN THE COUNCIL FOR THE PAST 12 YEARS.

20 YEARS, 10 YEARS BACK. LIKE TO SPEAK IN FAVOR OF A VACATION RENTAL BUSINESS. I DO LISTEN TO THESE MEETINGS FREQUENTLY.

[01:00:26]

BACK TO THE VACATION CAPITOL AND SO IS FORT PIERCE.

FORT PIERCE MAKES AN EFFORT OF AWARDING BUSINESS PEOPLE TO COME HERE AS TOURIST AND STAY HERE AND MAYBE RETIRE HERE EVENTUALLY. IT IS GOOD FOR THE CITY OF FORT PIERCE. THE CITY IS TRYING TO PROMOTE THE CITY, COME DOWN HERE AND CHECK OUT.

THAT IS WHERE VACATION RENTAL IS.

WE WON'T CHASE ANYBODY AWAY. THOSE WHO COME IN MIGHT WORRY WHO AM I LIVING NEXT TO. WHO IS LIVING NEXT TO THE VACATION RENTAL, WHAT KIND IF YOU BRING THAT UP, THOSE PEOPLE WITH R CONCERNED TO BE SAFE. IT'S A SAFE PLACE TO COME TO.

SO VACATIONER CONCERNED THEY COME TO SAFE PLACE.

THEY SHOULD NOT BE CONCERNED. >> I'M GOING HAVE V TO CLOSE THIS PORTION OF THE MEETING. I'M GOING TO CLOSE, TAKE A FIVE MINUTE BREAK AND THEN WE WILL REOPEN AS THE PLANNING BOARD MEETING AT THE END OF THE PLANNING BOARD MEETING THERE IS GOING TO BE ANOTHER TIME OF PUBLIC COMMENT.

AND IF ANYONE HAS ANY FURTHER COMMENTS THEY'D LIKE TO MAKE, THAT WOULD BE A GOOD TIME TO DO IT.

I'M GOING TO GAVEL OUT. THIS MEETING IS ADJOURNED, WE WILL READJOURN IN FIVE MINUTES FOR THE

* This transcript was compiled from uncorrected Closed Captioning.