[a. Email from Charlene Adair and Carole Mushier commending Mike Reals, Public Works Director, Keith Roberts, Streets Division Manager and Jack Andrews, City Engineer for exceeding their expectiations in responding to a request for installation of no parking signs along Gulfstream.]

>> THE FOLLOWING LETTERS WILL BE KEPT ON FILE WITH THE CITY CLERK'S OFFICE. WE RECEIVED AN E-MAIL FROM CHARLENE AND CAROL MASSIER, KEITH ROBERTS, STREETS DIVISION MANAGER AND THE MANAGER FOR EXCEEDING THEIR EXPECTATIONS IN RESPONDING TO A REQUEST FOR IN PARKING SIGNS.

[b. Email from Ian M. Coyle, Livingston County Administrator, complimenting the City for an excellent website with citizen friendly features, robust reporting, cool strategic plan and legislative agenda.]

WE RECEIVE AN E-MAIL FROM IAN COIL, COMPLIMENTING THE CITY, COOL STRATEGIC PLAN AND LEGISLATIVE AGENDA.

[c. Email from Mary Murphy, Business Services Consultant, CareerSource Reseach Coast, complimenting Caleta Scott, Grants Administration Manager and Kaitlyn Ballard, Community Resource Specialist, on their leadership of the 6th Annual City of Fort Pierce Job Fair, which contributed to a successful event and generated new partnerships with other local municipalities for their agency.]

WE RECEIVED AN E-MAIL FROM MARY MURPHY, OF CAREER RESEARCH CODE, AND CAITLIN BALLARD, COMMUNICATION RESOURCE SPECIALIST ON THEIR LEADERSHIP OF THE 6TH ANNUAL CITY OF FORT PIERCE JOB FAIR WHICH GENERATED NEW PARTNERSHIPS WITH OTHER MUNICIPALITIES IFFOR THEIR AGEN. WE MOVE ON TO AGENDA ITEMS, I

[8. 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.]

KNOW WE HAD A LOT OF PEOPLE SIGN UP.

YOU'LL BE ASKED TO SPEAK DURING THE ACTUAL PUBLIC HEARING SO THERE WERE NO COMMENTS FROM THE PUBLIC ON ANY OTHER AGENDA

[9. ADDITIONS OR DELETIONS TO AGENDA AND APPROVAL OF AGENDA]

ITEMS. NEXT WE HAVE ADDITIONS OR DELETIONS TO THE AGENDA AND APPROVAL OF THE AGENDA.

>> ANY ADDITIONS OR DELETIONS? I'LL TAKE A MOTION.

>> MOTION. >> SECOND.

>> A MOTION TO SECOND. CALL TO ROLL.

>> COMMISSIONER CURTIS JOHNSON. >> SECOND.

>> COMMISSIONER C. JOHNSON. >> YES, MA'AM.

>> COMMISSIONER PERONA. >> YES, MA'AM.

>> MAYOR HUDSON. >> YES, MA'AM.

[a. Arts and Culture Advisory Board Recommendation - City Hall Sculpture]

>> WE HAVE MISCELLANEOUS REPORTS THAT ARTS AND CULTURE ADVISORY RECOMMENDATION ON THE CITY HALL SCULPTURE.

>> MR. MIMS? >> MADAM MAYOR, WE SHOULD HAVE REPRESENTATIVES FROM THE ARTS, THERE WE GO.

WE HAVE A REPRESENTATIVE FROM THE ARTS AND CULTURE ADVISORY COMMITTEE AS WELL AS WE HAVE OUR GRANTS ADMINISTRATION MANAGER HERE. HOPEFULLY WE'LL GO AHEAD AND GET A RECOMMENDATION ON A PARK PIECE THAT MAY BE ON DISPLAY IN THE

NEAR FUTURE. >> WONDERFUL WELCOME.

>> I KNOW WHO YOU ARE. SAY YOUR NAME AND ADDRESS FOR

THE RECORD. >> THANK YOU VERY MUCH.

>> MY NAME IS JUNANADA GRAS. I AM ON THE ARTS AND CULTURAL ADVISORY BOARD. I'M HAPPY TO BE SERVING IN THAT POSITION. AT OUR FEBRUARY 11, 2021 MEETING. THE ADVISORY BOARD VOTED UNANIMOUSLY TO RECOMMEND THE PLACEMENT OF EXODUS DONATED FROM THE HAYES FOUNDATION ON THE CONCRETE PAD ON THE WEST SIDE OF CITY HALL. THAT'S WHERE THE SNAKE AND THE

[00:05:02]

BIRD ARE RIGHT NOW. THE ACT BOARD STRIVES TO PROMOTE LOCAL ARTS AND CULTURE AND LOOKS FORWARD TO MORE ARTS AND MURALS THROUGHOUT THE CITY OF FORT PIERCE IN THE UPCOMING MONTHS

AND YEARS. >> WONDERFUL.

HOW DID WE COME ABOUT THIS DONATION?

>> I DON'T KNOW. I KNOW IT IS STORAGE.

>> SO WE'VE HAD IT FOR A WHILE. WE DON'T HAVE TO BUY IT?

>> NOT BUY IT. >> AM I DOING OKAY SO FAR?

>> YOU ARE DOING GREAT. >> THANK YOU.

>> I WANT TO ADD THAT IN 2019, THIS SCULPTURE WAS DONATED BY THE HAYES FOUNDATION. WE HAVE AN OPPORTUNITY TO GIVE

IT A HOME. >> GREAT.

THANK YOU VERY MUCH. DO WE NEED A MOTION?

>> CLARITY AND MAYBE YOU CAN ANSWER THIS QUESTION, WE HAVE TWO CONCRETE FOUNDATIONAL SLABS ON THE WEST SIDE OF CITY HALL.

ARE WE TALKING ABOUT A REPLACEMENT OF THE EXISTING ART

OR AN ADDITION OF THIS ART? >> I BELIEVE IT WAS A

REPLACEMENT OF THE EXISTING ART. >> I NEVER UNDERSTOOD IT EITHER.

>> . >> THANK YOU VERY MUCH.

>> I NEED A MOTION. >> ALL RIGHT.

>> APPROVAL. >> SECOND.

>> MOTION AND SECOND. >> CALL TO ROLL, PLEASE.

>> COMMISSIONER CURTIS JOHNSON. >> YES, MA'AM.

>> CURT J. JOHNSON. >> YES, MA'AM.

>> MAYOR HUDSON? >> YES, MA'AM.

[11. CONSENT AGENDA]

>> WE HAVE THE CONSENT AGENDA. >> IS THERE ANY AGENDA TO PULL

ANY ITEM? >> E, PLEASE.

>> I WOULD LIKE TO PULL B. >> WHAT ONE?

>> B. >> THE MOTION FOR THE REMAINDER.

>> SO MOVED. >> SECOND.

>> A MOTION AND SECOND. CALL ROLL.

>> COMMISSIONER JOHNSON. >> YES, MA'AM.

>> COMMISSIONER JOHNSON? >> YES, MA'AM.

[b. Approve contract with L&S Enterprises, LLC, as a single source purchase, to replace light fixtures along S. Ocean Drive for an amount not to exceed $163,740.00.]

>> MAYOR HUDSON? >> YES, MA'AM.

>> 11B WHICH A CONTRACT, A SINGLE SOURCE TO REPLACE FIXTURES FOR AN AMOUNT NOT TO EXCEED $163,740.

>> I ONLY HAVE A QUESTION AND CLARIFICATION FOR THE PUBLIC'S EDIFICATION, PEOPLE WILL NOTICE WE'LL HAVE NEW STREET LIGHTS, THEY'LL ASK IF THEY ARE TURTLE FRIENDLY.

I WANT TO ASSURE THEM THAT THEY ARE, I KNOW THAT THEY ARE BUT I

WANT THE PUBLIC TO KNOW. >> THE ANSWER TO THAT QUESTION IS YES. WHEN THIS CAME BEFORE YOU IN AUGUST FOR APPROVAL, SHORTLY AFTER WE RECEIVED MANY PHONE CALLS AND E-MAILS CONCERNING THE LIGHTS THAT WE HAVE PROPOSED.

DELAYED THE PROJECT, SPENT A GREAT DEAL OF TIME WITH THEIR ENGINEERS AND FOLKS FROM FWC AND ECOLOGICAL SERVICE.

>> YEAH. >> WE HAVE VETTED EVERYTHING THAT NEEDED TO BE DONE. THE CONSIDERATE IS CONFIDENCE

THAT WE HAVE MET -- >> THE STANDARDS.

I THOUGHT WE DID. YOU TOLD ME WE DID.

I WANT THE PUBLIC TO KNOW. THEY'LL HAVE A DIFFERENT VIEW, BRIGHTER PERHAPS OR JUST A DIFFERENT --

>> THE LUMINESECE IS THE SAME. THE LENS HAS YELLOWED.

NOW HAVING A BRAND NEW LIGHT -- >> IT WILL LOOK -- OKAY.

THANK YOU VERY MUCH. I MOVE APPROVAL.

I CAN'T MOVE APPROVAL. >> MOVE TO APPROVE.

>> SECOND. >> WELL, I TRY TO FAST ONE.

CALL A ROLL, PLEASE. >> SECOND.

>> COMMISSIONER JOHNSON? >> YES, MA'AM.

[d. Approval of authorization for staff to enter into contractual negotiations with highest ranked proposer for RFP 2021-010 - Scooter Share Program.]

>> COMMISSIONER PERONA? >> YES, MA'AM.

>> MAYOR HUDSON? >> YES, MA'AM.

>> ENTER INTO NEGOTIATIONS WITH THE HIGHEST RANKED PROPOSAL FOR RFP 2021-010. , THE SCOOTER SHARE PROGRAM.

>> COMMISSIONER PERONA? >> I DIDN'T WANT THIS -- PROBABLY THE SAME AS THE LIGHTING ISSUE.

IT SEEMS LIKE WE HAVE A LOT OF CONNECTION WITH OUR COMMUNITY AND OUR SCOOTER PROGRAM. FIRST OF ALL, I WANT TO THANK THE EVALUATION COMMITTEE. I DID READ THROUGH THE EVALUATION. I KIND OF GOT LOST.

IT SEEMS LIKE THE TOP TWO FOR TWO AND THREE WAS NOT THE TOP

[00:10:02]

FOR NUMBER ONE, NUMBER ONE RATED IT NUMBER FIVE.

WE ENDED UP WITH A COMPLETE DIFFERENT ROUTINE.

IN THINKING ABOUT IT, I'M PERFECTLY GOOD WITH THAT MOVING FORWARD. I THINK WE NEED TO TALK ABOUT WHAT THE PROCESS IS, WHERE DO WE GO FROM HERE, WHAT DOES THIS MEAN ONCE WE -- IF WE APPROVE THIS.

>> WE CAN DO THAT. >> COMMISSIONER PERONA AND MEMBERS OF THE COMMISSION, WHAT WE HAVE TONIGHT, WE HAVE A BRIEF OVERVIEW OF THE PROCESS AND HOW WE ARRIVED HERE AND THE NEXT STEPS. THEN WE WOULD LIKE TO OBTAIN YOUR FEEDBACK AS TO WHAT YOU WOULD LIKE TO SEE BUILT INTO THE

ACTUAL CONTRACTUAL. >> MADAM MAYOR?

>> WELCOME. >> THANK YOU.

I'LL BE HAPPY TO PROVIDE YOU A BRIEF OVERVIEW.

I EXPECTED THIS ITEM WOULD BE PULLED.

IT HAS BEEN ONE THAT HAS BEEN VERY INTERESTING TO OUR COMMUNITY AND OVERALL, I WOULD SAY WELL RECEIVED NOW THAT WE HAVE BEEN IN IT FOR OVER A YEAR NOW.

A BRIEF LOOK BACK. WE LAUNCHED A 12 MONTH PROGRAM FOR A SCOOTER SHARE. THAT BACKGROUND PICTURE OF ALL OF US STANDING THERE CUTTING THE RIBBON.

JAXER WAS ACQUIRED, THAT TOOK PLACE IN JUNE.

THE PILOT PROGRAM ENDED IN SEPTEMBER.

WE CAME TO YOU AND SAID, WHAT DO WE DO FROM HERE? SHOULD WE GO OUT FOR PROPOSALS? WE ALL SELECTED TO DO THAT.

THAT WAS DEFINITELY WE TOOK THE EVALUATION COMMITTEE WHICH EXISTED OF OUR SPECIAL PROJECTS MANAGER, SHARIDA WHO IS OUR RISK MANAGER -- I DON'T KNOW WHY I WAS GOING TO CALL HER SHARIDA

DAVIS, THAT WAS SO WEIRD. >> IT IS ALWAYS SAFE TO GO TO

JOHNSON. >> HOW LONG HAS SHE BEEN MARRIED? THAT IS SO WEIRD.

SHARDA AND OUR PUBLIC WORKS DIRECTOR.

THE QUALIFICATIONS AND EXPERIENCE WAS IMPORTANT TO OUR EVALUATION COMMITTEE, ESPECIALLY THOSE HERE IN FLORIDA.

THE PROPOSAL WHICH WAS WORTH 50 POINTS, THAT WAS HOW MANY SCOOTERS ARE THEY PLANNING TO DEPLOY, WHAT ARE THEIR HOURS, HOW WILL THEY PARK THEM, HOW MUCH WILL IT COST? ALL THOSE TECHNICALITIES AND THE MANAGEMENT PROPOSAL WAS 30 POINTS HOW WILL THEY RESPOND TO OUR CITIZEN ISSUES.

THIS IS WHAT YOU WERE TALKING ABOUT, COMMISSIONER PERONA.

IT WAS INTERESTING TO SEE HOW THEY ADDED UP.

WHEELS WAS THE HIGHEST, WHEELS BEHIND THEM AT 269, SUPERPEDESTRIAN WHICH IS LINKED IS AT 262.

I'LL GO OVER THE TOP THREE. SPIN, THEY HAPPEN OUR SCOOTERS PROVIDED BY BAXTER IN THE BEGIN. THEIR PARENT COMPANY IS FORD THEY ARE PROPOSING A REVENUE SHARE WITH A 25 CENTS PER TRIP REV NEW SHARE THAT WOULD BE GIVEN TO US MONTHLY.

THEY ARE PROPOSING 200 SCOOTERS TO LAUNCH WITH A MAXIMUM OF 500, JUST TO PUT THAT IN PERSPECTIVE, WE HAVE ABOUT 250 DEPLOYED RIGHT NOW. .

WHEELS, LABS INC., THEY WERE IN SECOND PLACE.

THEY HAVE A UNIQUE DESIGN. IT IS A SEATED DEVICE WITH AN INTEGRATED HELMET. THEY WERE LACKING SOME INFORMATION IN THEIR PROPOSAL. I THINK OVERALL THE EVALUATION COMMITTEE LIKED THE SEATED SCOOTER IDEA.

THAT WILL TAKE UP MORE SPACE OF HOW THEY ARE PARKED.

THAT IS SOMETHING TO CONSIDER. THEIR FLEET SPACE WAS SMALLER.

THEY PUT SOME APPROXIMATES OUT THERE THAT WERE CONSISTENT WITH THE OTHER. AND LINK, THIS IS WHO IS OPERATING IN THE CITY OF FORT PIERCE, THEY ARE PROPOSING TO KEEP THEIR FLEET SIZE AT 250 WITH A REVENUE SHARE AT 15 CENTS PER TRIP AND A DOLLAR TO UNLOCK AND $1.39 PER MINUTE.

OUR RECOMMENDATION -- THAT IS OUR ONLY RECOMMENDATION -- WE AUTHORIZE STAFF TO GO WITH THE HIGHEST RANKED PROPOSAL SKINNY LABS KNOWN AS SPIN. ANY QUESTIONS?

>> QUESTION, WELL, YES, QUESTION.

[00:15:04]

THANK YOU. COULD YOU GO BACK TO THE ORIGINAL SLIDE WITH SKINNY. I MISSED A NUMBER.

THEY ARE PROPOSING A MAXIMUM OF 500.

RIGHT? SO CURRENTLY WE HAVE A FOOTPRINT OF ABOUT 200 WITH THE CURRENT VENDOR?

>> 250. >> WE'LL DOUBLE THAT.

>> THAT IS WHAT THEY ARE PROPOSING.

I'M SURE A LOT OF THIS CAN BE IRONED OUT IN THE ACTUAL AGREEMENT. THEY WERE PROPOSING WHEN THEY WERE OUR ORIGINAL PROVIDER TO DO SOMETHING OF OUR PART.

THE RIDERSHIP NEVER SUPPORTED THAT.

THAT'S WHAT THEY ARE PROPOSING. 200 TO START WHICH IS CONSISTENT. MAYBE THEY ARE PROPOSING TO GO FURTHER WEST AND SOUTH WHICH WE ARE NOT CURRENTLY.

>> THAT WAS MY QUESTION, WE HAVE A CERTAIN GEO FENCING AROUND THIS. THIS WOULD OPEN UP DIFFERENT CORRIDORS. COULD YOU SPEAK TO THAT?

>> THEY DO IT WITH OUR INPUT. THEY STARTED INTO DOWNTOWN AND WE WERE LIKE, WE HAVE TO GET INTO ALL OUR NEIGHBORHOODS WHICH THEY DO. I CAN SHARE A MAP OF THE ENTIRE BOUNDARY WHICH IS REALLY LARGE NOW.

THEY GO SOUTH TO CORTEZ. THEY GO WEST TO 25TH, IF NOT

FURTHER WEST. >> THEY DON'T GO TO THE COLLEGE.

>> YES. >> YES, THEY GO --

>> THEY GO TO THE COLLEGE. THEY ARE NOT PERMITTED ON TO THE

COLLEGE CAMPUS. >> RIGHT.

>> OKAY. THAT WAS A COLLEGE REQUEST, WAS IT? I'M CURIOUS.

>> AT THAT POINT, YES. >> THE BIGGEST POINT THAT JUMPED OUT WERE THE NUMBERS. THEY WERE PROPOSING A BIGGER FOOTPRINT. I WAS CURIOUS AS TO THAT.

THANK YOU FOR SURMISING THIS FOR ME.

I WAS TRYING TO DO THIS MYSELF. IT IS A GOOD SUMMATION.

IT IS CLEAR TO ME, LOOKING AT THE COMMITTEE AND THE WORK THEY PUT IN AND SOME OF THE THINGS THAT WOULD AFFORD THE CITY A GREAT OPPORTUNITY FOR MOBILITY. THANK YOU.

>> IT WAS A LOT OF INFORMATION, NOT PROBABLY THE MOST ROBUST I PUT OUT BECAUSE WE LEARNED SO MUCH IN THAT 12 MONTH PILOT PROGRAM. WE KNEW WHAT WE WERE LOOKING FOR AND WHAT WE NEED. I THINK THAT SPIN DID A GOOD JOB

ANSWERING ALL OUR COMMISSIONER. >> COMMISSIONER PERONA?

>> THAT'S THE PART. WE SPENT A YEAR LEARNING ABOUT IT, SOME OF THE MISTAKES, SOME OF THE BENEFITS, SURPRISED TO SEE THE USAGE. I THINK WHEN IT FIRST STARTED OFF, WE ALL HAD PHONE CALLS OF FOLKS NOT REALLY HAPPY WITH THE WHOLE THING. WITH GEO FENCING AND RESPONSE OF FOLKS TO HELP US MANAGE THE ISSUES, WE GOT IT TO WHERE IT IS A BENEFIT FOR MOST FOLKS. I THINK THE DAY WE INITIATED IT IS THE ONLY TIME I HAVE BEEN ON ONE.

IT WAS KIND OF SCARY BUT IT WAS FUN.

I'M SAYING THEY ARE USED A LOT. YOU CAN TELL THE NEXT MORNING WHEN YOU SEE THEM ALL PILED UP --

>> RIGHT. >> I DID NOILT WHEN WE FIRST STARTED OUT IT WAS WELL MANAGED. THEY WERE GONE AT NIGHT AND BACK IN THE AMONG. WHEN THEY SOLD TO THE OTHER COMPANY, IT WAS NOT QUITE AS FORMAL AS THAT.

I LOOK FORWARD TO THE NEXT STAGE WHICH IS NEGOTIATION AND INPUT AND WE CAN BUILD OUR OWN LITTLE CONTRACT AND POLICIES AND PROCEDURES AND EVERYTHING ELSE INTO THIS.

I LOOK FORWARD TO THAT. >> ABSOLUTELY.

THANK YOU. >> MADAM MAYOR?

>> COMMISSIONER? >> I ENCOUNTERED THE SAME THING, THE PHONE CALLS AND DISCUSSIONS ABOUT THE PILOT PROGRAM.

FOR ME WHAT IS IMPORTANT IN THE NEXT PHASE, ASSUMING THIS IS APPROVED TONIGHT. NOT AS MUCH THE REVENUE BUT THE GEO FENCING PART, WHERE WE CAN MAINTAIN RIDERSHIP, WHERE THE SCOOTERS ARE LEFT WHEN THEY ARE FINISHED USING.

WHAT KIND OF PROGRAM THE SPIN COMPANY HAS WITH MAINTAINING THE SAFETY ASPECT OR IF THEY DID DUMP IT, THEY GIVE THEM -- I DON'T KNOW THIS IS A LOSS OF REVENUE.

>> THEY OUTLINE THAT, YES, MA'AM.

>> I THOUGHT I SAY THAT. >> THOSE ARE IMPORTANT PARTS OF IT FOR ME. THE GEO FENCING GOING BACK TO THAT. THE COMMISSIONER OF THE COMPLAINTS ARE THE SCOOTERS RIDING ON SIDEWALKS AND INTERACTION WITH PEDESTRIANS. ON OUR LARGER ROADS, BECAUSE WE HAVE BICYCLE LANES ADDITION TO SIDEWALK WHERE IS WE MAY WANT TO

[00:20:02]

LOOK INTO FORCING THE SCOOTER WITH THE GEO FENCE WITH THE BICYCLE LANE INSTEAD OF THE SIDEWALK.

A CONVERSATION PIECE. I'M ASSUMING WE ARE STILL GOING TO -- I BELIEVE THE POLICE DEPARTMENT GEO FENCED THE

BRIDGE. >> THE JETTY.

THE INDIAN RIVER DRIVE. >> AND THEIR TECHNOLOGY, TO ANSWER YOUR QUESTION OR YOUR STATEMENT, SPIN'S TECHNOLOGY IS ADVANCED. THEY ARE ABLE TO GET MICRO, BIKE LANES, SOME OF THE OTHER COMPANIES, TECHNOLOGY WASN'T ADVANCED. WE'LL INCLUDE THAT.

>> THEY WERE THE FIRST ONES TO PRESENT IN THIS CHAMBER?

>> IT WAS BAXTER BUT THEY WERE PROVIDING SPIN.

>> DOWNTOWN IS ANOTHER CONCERN WITH THE SPEED AND THROTTLING THEM DOWN. I THINK WE WENT FROM 15 DOWN TO 9 WAS THE LAST SPEED DOWNTOWN MAYBE.

>> I THINK IT IS 10. IT COULD BE 9.

>> SAME THING WITH DOWNTOWN. TRYING TO ALLOW THE BUSINESS USERS TO USE IT. COUR COURTHOUSE. THE VISITORS.

THE OTHER ONE WAS TIME. THAT'S ANOTHER CONSIDERATION, ESPECIALLY TIME ON THE ISLAND. WHAT IS OPEN AT NIGHTTIME.

WE ARE AT NINE OR 10. >> WE ARE AT 10 NOW.

>> MORE DISCUSSION. >> A 24/7 OPERATION, THAT IS SOMETHING WE NEED TO INCLUDE IN OUR NEGOTIATIONS.

>> THAT IMPACTS THEM. I HOPE THEY UNDERSTAND THAT.

IF WE ARE GOING TO TALK ABOUT TIME FRAMES, THEY ARE LOOKING AT REVENUE NUMBERS. JUST PUTTING THAT OUT THERE.

>> I READ THEIR -- I WAS IMPRESSED WITH THEIR SAFETY -- THE THINGS THEY ARE TAKING INTO ACCOUNT.

THESE SCOOTERS ONLY ACCOMMODATE ONE PERSON.

I SEE TWO PEOPLE ON THEM OFTEN. I SAW A MOTHER WITH A CHILD WHO WAS 10, SIGNING HIM UP TO GO ON THE SCOOTER WHICH I THINK HAPPENS A LOT. ONE THING THIS OUTFIT SAID IS THEY WOULD MONITOR ALL KINDS OF INFRACTIONS, MAKE SURE DRIVER'S LICENSES -- THE LOWEST AGE IS WHAT FOR THIS?

>> IT IS 16. SOME OF THESE ARE PROPOSAED 18.

THAT IS SOMETHING WE CAN ADDRESS IN THE AGREEMENT.

SPIN DID HAVE A FIVE-PHASE INFRACTION.

THEY ARE COMPLETELY BOOTED. WE HAVE NOTICED THAT.

THAT IS A COMPLAINT WE HAVE RECEIVED, THE PARENT WILL SCAN THEIR OWN DRIVER'S LICENSE AND LET THE CHILD GO.

SPIN SUPPOSEDLY CAN HELP MANAGE THAT A LITTLE BIT BETTER.

>> I HAVE BEEN CONCERNED FOR THE SCOOTER RISER AS I AM FOR THE DRIVERS WHO ARE SCARED OF THE SCOOTER RIDERS.

WE WOULD WANT THEM TO BE WELL LIT.

SUCH THAT PEOPLE ARE NOT SO AFRAID THEY'LL HIT THEM.

IT IS NOT WHAT HAPPENS, IT IS WHAT THEY ARE AFRAID WILL HAPPEN. I GET A LOT OF COMPLAINTS ABOUT THAT. I FEEL LIKE THIS COMPANY IS REALLY OUTLINED A PRETTY THOROUGH WAY TO DEAL WITH ALMOST

EVERY EVENTUALITY. >> YES, MA'AM, I AGREE.

>> YES, SIR. >> I'LL MAKE A MOTION TO

APPROVE. >> SECOND.

>> CALL THE ROLL. >> COMMISSIONER C. JOHNSON.

>> YES, MA'AM. >> COMMISSIONER JOHNSON.

>> YES, MA'AM. >> COMMISSIONER PERONA?

>> YES, MA'AM. >> MAYOR HUDSON?

>> YES, MA'AM. OKAY.

[a. Quasi-Judicial Hearing - Review and approval of an application for Subdivision (Final Plat), submitted by property owner, Neill Farms FP, LLC & applicant/representative David Baggett of Engineering, Design, and Construction, Inc, to subdivide 74.19 acres of land at or near the east side of South Jenkins Road, approximately 1,000 feet south of State Road 70 in Fort Pierce, FL. The properties are zoned Planned Development (PD). Parcel ID: 2419-323-0001-000-1, 2419-323-0002-000-8, 2419-701-0001-000-1, 2419-311-0002-000-1, 2419-313-0001-010-3, 2419-314-0002-000-0, 2419-313-0002-000-7, 2419-313-0001-000-0.]

NEXT WE HAVE A QUASI JUDICIAL HEARING FOR APPROVAL FOR SUBDIVISION SUBMITTED BY NEILL FARMS AND APPLICANT REPRESENTATIVE OF ENGINEERING DESIGN TO SUBDIVIDE 74 ACRES OF LAND NEAR SOUTH JENKINS ROAD, 1,000 SOUTH OF STATE ROAD 70 IN FORT PIERCE, FLORIDA. THE PROPERTY DEVELOPMENT PD.

>> ALL RIGHT. FOR ANYONE HERE FOR A QUASI HEARING, LISTEN TO MR. SWEENEY, HE WILL BE DESCRIBING THE RULES

FOR THOSE HEARINGS. >> THE CITY COUNCIL SERFS A

[00:25:01]

LEGISLATIVE AND QUASI JUDICIAL ROLE.

IT ENGAGES IN LAW MAKING. WHEN ACTING AS A QUASI JUDICIAL BODY, IT APPLIES POLICIES AND IS HELD TO STRICTER PROCEDURAL REQUIREMENTS. THEY ARE LESS FORMAL THAN PROCEEDINGS BEFORE A CIRCUIT COURT BUT MORE FORMAL THAN THE BOARD MEETING. THEY MUST FOLLOW BASIC STANDARDS OF NOTICE AND DUE PROCESS AND DECISIONS MUST BE MADE BASED ON SUBSTANTIAL EVIDENCE. COMMISSIONERS HAVE A DUTY TO APPLY THE QUASI MORE AS JUDGES THAN LEGISLATORS.

THOSE ARE THE RULES THAT WILL BE FOLLOWED THIS EVENING.

THANK YOU. >> THANK YOU.

HAS ADVERTISING BEEN MET? >> YES, MA'AM, ADVERTISING HAS

BEEN MET. >> WOULD YOU ASK COMMISSIONERS ABOUT EXPARTE COMMISSIONERS, PLEASE.

>> YES. COMMISSIONER C. JOHNSON?

>> NO, MA'AM. >> COMMISSIONER J. JOHNSON?

>> NO, MA'AM. >> COMMISSIONER PERONA?

>> NO, MA'AM. >> MAYOR HUDSON?

>> NO, MA'AM. >> WOULD YOU LIKE TO SWEAR IN

WITNESSES. >> ANYONE WHO WOULD LIKE TO TESTIFY STAND. DO YOU AFFIRM TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH.

>> YOU MAY PROCEED. >> MAYOR AND MEMBERS OF THE COMMISSIONER, BEFORE YOU IS A FINAL PLOT ON GENERAL SINCE 1,000 FEET SOUTH OF STATE ROAD 70.

THE RM IS MEDIUM RESIDENTIAL WITH A ZONING OF PD PLANNED DEVELOPMENT. THE REQUEST IS FOR A FINAL PLAT FOR PHASE 1 WHICH IS 153 LOTS FOR THE SUBDIVISION.

STAFF RECOMMENDS APPROVAL AS THE PLAT WAS APPROVED ON DECEMBER 16, 2019. IT IS CONSISTENT IS CHAPTER 221 OF THE CITY CODE AND THE ADOPTED PLAN DEVELOPMENT PLAN AND DOES NOT ADVERSELY AFFECT HEALTH OR WELFARE.

THIS IS AN IDEA OF WHAT LOTS WILL LOOK LIKE IN FIRST PHASE, EVERYTHING IN WHITE IS LOTS PLOTTED.

EVERYTHING IN YELLOW WILL BE BROUGHT BACK FOR A PHASE TWO PLAT. POSSIBLE ACTIONS BY THE COMMISSIONER ARE TO APPROVE THE PLAT.

APPROVE THE PLOT ON SEPTEMBER 16, 2019.

YOU CAN APPROVE THE PLAT. I'M AVAILABLE FOR ANY QUESTIONS

YOU MAY HAVE. >> ANY QUESTIONS FROM STAFF? NO. OKAY.

I'M GOING TO OPEN THE PUBLIC HEARING.

I WOULD LIKE FOR THE APPLICANT TO COME FORWARD, PLEASE.

GO AHEAD. NOT YOU.

THEM. ALL RIGHT.

>> I'M DAVID WITH ENGINEERING DESIGN AND CONSTRUCTION, IN ST. PORT ST. LUCIE. I WANT TO SAY THANK YOU.

YOU HAVE BEEN GREAT. WE HAVE BEEN WORKING ON THIS SINCE LATE 2018 . IF ANYONE HAS DRIVEN BY, IT IS LOOKING GREAT. WE ARE FINISHING FIRST PART OF CONSTRUCTION, GETTING READY TO CERTIFY THINGS.

I HAVE NO OTHER QUESTIONS OR COMMENTS.

JUST WANT TO SAY THANK YOU. >> ANY QUESTIONS OF THE APPLICANT? ANY QUESTIONS OF THE APPLICANT? ANYONE WISHING TO ADDRESS THIS, COME FORWARD.

ANYONE ELSE? I'LL CLOSE THE PUBLIC HEARING.

>> MOVE TO APPROVE. >> SECOND.

>> THERE IS A MOTION AND A SECOND.

CALL THE ROLL, PLEASE. >> C. JOHNSON?

>> YES, MA'AM. >> COMMISSIONER J. JOHNSON?

>> YES. >> COMMISSIONER PERONA?

>> YES, MA'AM. >> MAYOR HUDSON?

[b. Quasi-Judicial Hearing - Application for a Conditional Use with No New Construction submitted by property owner, John and Jackie Ellis Readler, and applicant, Jane Land, McCurdy & Co., for Conditional Use Approval to operate a Dwelling Rental for less than six (6) months with a minimum rental period of 31 days. The property is located at 1182 Binney Drive, Unit B and is zoned Hutchinson Island Medium Density Residential (R-4A). Parcel ID: 2401-501-0300-010-1]

>> YES, MA'AM. >> NEXT AN APPLICATION FOR CONDITIONAL USE SUBMITTED BY JOHN AND JACKIE ELLIS READLORRER AND MCCURDY FOR A DWELLING RENTAL FOR LESS THAN SIX MONTHS WITH A MINIMUM RENTAL PERIOD OF 31 DAYS.

THE PROPERTY IS LOCATED AT 1182 BINNEY DRIVE UNIT B AND IS ZONED HUTCHINSON ISLAND MEDIUM DENSITY.

>> HAS ADVERTISING FOR THIS BEEN MET?

>> ADVERTISING HAS BEEN MET. >> EXPARTE COMMUNICATIONS?

>> COMMISSIONER JOHNSON? >> NO, MA'AM.

>> COMMISSIONER J. JOHNSON? >> NO, MA'AM.

>> COMMISSIONER PERONA? >> NO, MA'AM.

>> MAYOR HUDSON? >> NO, MA'AM.

[00:30:05]

>> SHALL WE SWEAR IN THE WITNESSES.

>> ANYONE WISHING TO SPEAK PLEASE STAND AND RAISE YOUR RIGHT HAND. THE APPLICATION OR ANYBODY THAT WANTS TO SPEAK ON THIS ITEM? YOU'LL BE CALLED TO PLEASE S STAND. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH?

THANK YOU. >> PROCEED.

>> GOOD EVENING, MADAM MAYOR, THE COMMISSION.

BEFORE YOU THIS AFTERNOON REALLY -- I GUESS IT IS THIS EVENING. OUR FIRST OF TWO CONDITIONAL USE APPROVALS. THE FIRST ONE IS LOCATED AT 1182 BINNEY DRIVE, UNIT B. THE FUTURE USE IS HUTCHINSON ISLAND MEDIUM DENSITY RESIDENTIAL, R-4A N. REVIEWING CONDITIONAL USE APPROVALS FOR RENTALS, WE GO BY OUR ORDINANCE K114. THAT ESTABLISHED DWELLINGS IN CERTAIN DISTRICTS. WITH OUR RESIDENTIAL AND PERMITTED IN SOME OF OUR -- TWO OF OUR COMMISSIONER ZONING DISTRICTS. THEY ARE APPROVED AS A CONDITIONAL USE APPROVAL WHICH ALLOWS FOR CONDITIONS TO BE PLACED ON THE APPROVAL WHICH WILL HELP TO CONTROL THE AREA, THE LOCATION, THE RELATION TO THE NEIGHBORHOOD AND WILL NOT ADVERSELY AFFECT THE HEALTH, SAFETY, COMFORT, AND THE GENERAL WELFARE. WHEN REVIEWING THE TRC LEVEL, WE CHECK TO MAKE SURE ALL CODE ENFORCEMENT, DEPARTMENT VIOLATIONS HAVE EITHER BEEN MET. 2011, FLORIDA LEGISLATION PASSED LAWS WHICH REGULATE, PUTS MOST OF THE CONTROL UNDER OUR STATE DEPARTMENT OF PROFESSIONAL REGULATION AND ANY LAW MAY PROHIBIT RENTAL OR DURATION OF VACATION RENTALS.

STAFF RECOMMENDS APPROVAL WITH FOUR CONDITIONS.

IT IS WORTH NOTING WHEN THIS ITEM WENT BEFORE PLANNING AND ZONING, WE WERE UNDER THE IMPRESSION AND WE WERE CORRECTED AT THAT MEETING AND SUBSEQUENTLY THEY ARE ONLY SEEKING TO RENT THIS OUT FOR MINIMUM OF 31 DAYS. THAT IS WHY THESE CONDITIONS OF APPROVAL ARE DIFFERENT THAN THE ONES WE HAVE SHOWN IN THE PAST BECAUSE IT DOES NOT REQUIRE A BUSINESS TAX REPEAT BUT RATHER THE APPLICANT HAS BEEN COMPLY WITH THE COUNTY AND ESTABLISH A TOURISM TAX ACCOUNT AS ANY VACATION RENTAL WOULD AND STATE SALES TAX IDENTIFICATION NUMBER. THE OTHER CONDITIONS THAT ARE PART OF WHAT WE HAVE STANDARDIZED ARE PROVIDED HERE, WHICH IS THE PROPERTY MANAGER MUST LIVE IN ST. LUCIE COUNTY, PROVIDE GUIDE BOOKS AND A LIMITATION OF TWO VEHICLES PER UNIT. AT THE PLANNING BOARD PUBLIC HEARING, WHICH WAS FEBRUARY 9, THE PLANNING BOARD UNANIMOUSLY RECOMMENDED APPROVAL OF THE APPLICATION.

CITY COUNCIL POSSIBLE ACTIONS TO APPROVE WITH THE CONDITIONS AS PRESENTED BY STAFF, TO APPROVE WITH CHANGES TO THE CONDITIONS OR TO DISAPPROVE THE CONDITIONAL USE.

I'M HERE TO ANSWER ANY QUESTIONS.

>> ANY QUESTIONS OF STAFF? >> MADAM MAYOR?

>> YES. >> JUST WANT TO MAKE SURE, JUST CLAIRE FOR MY -- THIS IS A DUPLEX?

>> YES.

THERE IS ADEQUATE PARKING I THINK WE HAD IN OUR TABULATION, ONE AND A HALF SPACES OR SOMETHING LIKE THAT?

>> THERE IS ADEQUATE. WE HAVE BEEN OUT TO THE SITE.

>> THANK YOU. >> THIS AREA DOES HAVE A LOT OF

DWELLING RENTALS. >> MR. PERONA?

>> IF THERE WAS AN AREA WHERE YOU WOULD EXPECT TO SEE IT, THIS WOULD BE IT. THE 31 DAYS, I ALWAYS WONDERED, I MEAN, THAT IS KIND OF LIKE THE HONOR SYSTEM, RIGHT? WE DON'T HAVE ANY GAUGE TO DETERMINE IF PEOPLE ARE IN AND

OUT EVERY TWO OR THREE. >> MOST OF THE TIME WHEN VIOLATIONS COME OR BASED ON WHAT THE NEIGHBOR MAY SAY, NO, WE ARE NOT ABLE TO MONITOR THAT. BUT IT HAS BEEN, YOU K KNOW -- MOST OF THE DWELLING RENTAL THAT IS CAME AT THE BEGINNING WERE THOSE THAT WERE 31 DAYS UP TO SIX MONTHS.

NOT UNTIL MORE RECENTLY THE REQUESTS HAVE COME FOR UNDER 30.

>> I MEAN, SO WHEN YOU DON'T HAVE TO GET A BUSINESS TAX RECEIPT FOR ANYTHING 31 AND OVER, IT MAKES IT UNFAIR IF SOMEONE IS ABUSING THE SYSTEM. WE HAVE TO BE SOMEWHAT VIGILANT.

[00:35:04]

I'M NOT SAYING THIS PERSON -- I'M SURE THEY'LL HONOR EVERYTHING. IT IS SUSPECT WHEN YOU HAVE THESE IN THERE. HOW DO WE KNOW?

>> I UNDERSTAND. IT IS BASED ON THE HONOR SYSTEM.

>> IF THEY FIND IT HAS BEEN A VIOLATION, WHAT IS THE -- WHAT IS THE CIRCUMSTANCE? WHAT IS THE CONSEQUENCE?

>> AND IT DOES GET REPORTED TO CODE ENFORCEMENT AND THEY DON'T CORRECT IT, THEY GO BEFORE OUR SPECIAL MAGISTRATE.

>> AND THE CONDITIONAL USE CAN BE TAKEN AWAY?

>> ABSOLUTELY. BECAUSE THESE ARE THE CONDITIONS

THEY MUST COMPLY WITH. >> AND WHAT IS THE PROCESS AFTER THAT, AFTER THE CONDITIONAL USE IS TAKEN AWAY?

CAN THEY REAPPLY? >> THEY WOULD HAVE TO WAIT, THEY WOULD HAVE TO CORRECT THAT, I BELIEVE IT IS SIX MONTHS THEY

HAVE TO WAIT TO REAPPLY. >> OKAY.

ANY OTHER QUESTIONS OF STAFF? >> ONE MORE.

EVERY SITE IS DIFFERENT. EVERY SITE LAYOUT IS DIFFERENT.

IF YOU COULD, THIS RESIDENCE IS ON THE NORTHO SOUTH SIDE OF

BINNEY? >> WE ARE ON THE EAST.

>> IT IS ON THE RIGHT. IT DOES HAVE THE SIDEWALK, THE

SIDEWALKS -- >> THAT'S WHERE I'M GOING WITH

THAT QUESTION. >> IT IS ON THE SIDE WITH THE SIDEWALK. THERE IS GOOD ACCESSIBILITY AND

GOOD CONNECTABILITY. >> YES.

>> ANY QUESTIONS FOR STAFF? I WOULD LIKE TO OPEN THE PUBLIC HEARING. I WOULD LIKE THE APPLICANT TO COME FORWARD, PLEASE. I NEED YOUR NAME AND ADDRESS FOR

THE RECORD. >> MY NAME IS JANE LAMB, BINNEY

ROAD, APARTMENT A. >> DO YOU HAVE ANY QUESTIONS FOR

STAFF? >> NO.

>> WOULD YOU LIKE TO SHARE ANYTHING WITH US OR JUST ANSWER

QUESTIONS? >> I THINK WHAT I'D LIKE TO SHARE THE OWNER, THEY DO COME DOWN A COUPLE OF TIMES A YEAR, YOU KNOW, FOR SIX WEEKS TO TWO MONTHS.

TO DO ANYTHING LESS THAN 30 DAY RENTAL WILL CUT INTO THEIR TIME.

WE ARE HOPING TO ACCOMPLISH THIS WITH FRIENDS AND FAMILY TYPE MARKETING. I THINK IT WILL BE FINE.

>> ANY QUESTIONS OF THE APPLICANT? THANK YOU VERY MUCH. ANYONE ELSE WISHING TO ADDRESS THE COMMISSION ON THIS ISSUE? ANYONE ELSE? WERE YOU SWORN IN? OKAY.

I THINK WE NEED TO SWEAR YOU IN. >> DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH, NOTHING BUT THE TRUTH?

>> YES. >> MICHELLE GARZO, SOUTH OCEAN DRIVE, UNIT D, HUTCHINSON ISLAND.

JUST WANTED TO SUPPORT THIS VACATION RENTAL.

I THINK IT IS AMAZING THEY HAVE A PROPERTY MANAGER ON SITE.

THAT IS A VERY GOOD THING FOR THE COMMUNITY.

I HAVE ALSO HELPED MR. DANA FRANCE AND ALSO HER NEIGHBOR AS WELL TO GET THE PERMIT AND THEY ARE IN THE PROCESS AS WELL SO YOU'LL HAVE A FEW ON BINNEY DRIVE.

TO MY KNOWLEDGE, THERE ISN'T ANY ISSUE WITH THE ONES I HAVE WORKED WITH. I'M SUPPORTING THEM AND ALSO FOR THE PEOPLE THAT I HAVE SPOKEN TO IN THE COMMUNITY THAT HAVE ISSUE I THINK PROPERTY MANAGEMENT IS THE KEY, BEING AVAILABLE AND READY AND BEING ABLE TO ADDRESS SITUATIONS WHETHER THEY BE MINOR OR MAJOR. FROM A PROPERTY MANAGEMENT PERSPECTIVE, I FEEL LIKE AS LONG AS YOU HAVE A GOOD RELATIONSHIP WITH THE CITY AND ALSO WITH YOUR CLIENTS AND YOUR NEIGHBORHOOD, THAT THIS IS A POSITIVE THING FOR TOURISM.

I'M ALL ABOUT SUPPORTING OUR RESTAURANTS AND OUR VENDORS AND THAT'S JUST WHAT I FEEL. THANK YOU.

. >> THANK YOU VERY MUCH.

ANYONE ELSE WISHING TO ADDRESS THIS ISSUE, PLEASE COME FORWARD.

PLEASE COME FORWARD. HAVE YOU BEEN SWORN IN?

>> PLEASE RAISE YOUR RIGHT HAND. DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH.

[00:40:02]

>> I NEED YOUR NAME AND ADDRESS FIRST.

>> EDITH JONES. [INAUDIBLE].

>> WHAT I WOULD LIKE TO KNOW WHEN A VIOLATION, I GUESS THAT'S WHAT IT IS CALLED IS NOTICED BY A NEIGHBOR, WHO DO WE REPORT IT TO? WE DON'T KNOW WHO THE PROPERTY MANAGER IS. DO WE CALL THE POLICE? DO WE CALL THE AGENCY THAT IS RENTING THE PROPERTY? I'VE HAD THIS DILEMMA WHERE THERE HAS BEEN A VIOLATION, THERE MAY BE A BETTER WORD FOR IT.

THE NUMBER OF VEHICLES AND PERSONS RENTING A VACATION RENTAL. I DON'T KNOW WHAT MY RECOURSE

IS. >> WE WILL ANSWER THAT FOR YOU.

>> NOT NOW BUT BEFORE YOU LEAVE. >> MISS COX?

>> I WOULD LIKE TO MAKE A CLARIFICATION FOR THE RECORD.

WE ISSUE A BUSINESS TAX REPEAT, WE DO IT AT NO CHARGE.

WE DO THAT AS OUR REGISTRATION TOOL FOR THE PROPERTY MANAGER.

I WANTED TO MAKE SURE EVERYBODY UNDERSTOOD THERE IS A BUSINESS TAX RECEIPT ON FILE WITH OUR OFFICE.

IT IS NO CHARGE TO THE APPLICANT, THAT'S THE ONLY WAY WE HAVE TO REGISTER THE PROPERTY MANAGER, WE PUT THAT LIST WITH ALL THE INFORMATION ON THE WEBSITE ON A MONTHLY BASIS.

I WANT TO MAKE SURE THE RECORD IS CLEAR WITH THAT.

>> THANK YOU. >> ANYONE ELSE WISHING TO ADDRESS THIS ISSUE? ANYONE ELSE? I'LL CLOSE THE PUBLIC HEARING. MR. SWEENEY, I WOULD LIKE FOR MISS HOLTMAYER BE ALLOWED TO ANSWER THAT QUESTION?

>> YES. >> WHAT HAPPENS WHEN THEY COME IN FOR APPROVAL FOR VACATION RENTAL OR DWELLING RENTAL, THEY HAVE TO REGISTER THEIR PROPERTY MANAGER WITH THE CITY CLERK AND THAT CONTACT INFORMATION IS MAINTAINED BY MISS COX IN HER OFFICE. WE MAINTAIN IN PLANNING A WHOLE LIST OF THOSE THAT ARE CONSIDERED DWELLING RENTALS OR VACATION RENTALS, WHETHER IT WAS APPROVED OR DENIED AND IF THEY COME BACK AFTER BEING DENIED, WE KNOW WHAT THAT TIME FRAME IS.

WE HAVE THAT INFORMATION FOR THE PROPERTY MANAGER.

IF THERE WAS A NEIGHBOR WHO WAS COMPLAINING, IF IT WERE AN EVENING AND THERE WAS SOMETHING, A LOUD NOISE OR SOMETHING, THEY COULD CALL THE POLICE DEPARTMENT.

IF IT IS SOMETHING THEY FEEL THEY CAN HANDLE DURING THE DAY, THEY CAN CALL US, THE PLANNING DEPARTMENT AND WE CAN LET THEM KNOW WHO THE PROPERTY MANAGER IS.

THEY HAVE THE ABILITY TO CALL THE CITY CLERK'S OFFICE FOR THAT INFORMATION. THEY HAVE THE ABILITY TO FILE A COMPLAINT WITHOUT ANYONE KNOW WHO IS FILING IT.

WE CAN ASSIST WITH THAT ALSO. OFTEN, PEOPLE CALL ABOUT COMPLAINTS AND WE DIRECT THEM OR WE MAKE THAT COMPLAINT FOR THEM.

>> THEY CALL THE CITY OR THE POLICE IN THE EVENING AND IT RISES TO THAT LEVEL. WE ALSO HAVE AN APP, SEE, CLICK, FIX, WHICH PEOPLE CAN USE, YOU CAN DOWNLOAD AND USE AND REPORT ANONYMOUSLY OR NOT, ANY TIME, 24/7.

CORRECT? >> CORRECT.

>> THANK YOU VERY MUCH. >> MADAM MAYOR, I JUST WANT TO EMPHASIZE, SEE, CLICK, FIX, THAT CREATES A TICKET, A DATA TRAIL I CALL IT. DOWNLOAD THAT APP WILL ALLOW FOR CITIZENS TO TAKE A PICTURE OF THE VIOLATION, SEND IT TO THE APPROPRIATE DEPARTMENT, THAT COULD BE CODE ENFORCEMENT AND THEN THAT DATA WILL BE CREATED AND CAPTURED SO WE KNOW EXACTLY, SO THAT IS A PAPER TRAIL FOR US, RIGHT?

>> RIGHT. >> THANK YOU.

>> IF YOU ARE NOT FAMILIAR WITH IT, IT IS ON OUR WEBSITE.

>> HOW TO DOWNLOAD IT? >> YES.

IF YOU ARE LIKE ME AND YOU NEED A MILLENNIAL TO TELL YOU HOW TO DO IT OR YOU WANT TO FIND A CHEAT SHEET HOW TO GET IT PUT TOGETHER AND DO IT YOURSELF, IT IS ON THE CITY WEBSITE.

>> LOTS OF WAYS. E-MAILS TO COMMISSIONERS, WHATEVER. NOW WE ARE BACK TO THE BUSINESS

AT HAND. >> I MOVE TO APPROVE WITH THE

FOUR CONDITIONS IN FRONT OF US. >> SECOND?

>> SECOND. >> CALL THE ROLL.

>> COMMISSIONER JOHNSON? >> YES, MA'AM.

>> COMMISSIONER JOHNSON? >> COMMISSIONER PERONA?

>> YES, MA'AM. >> MAYOR HUDSON?

[c. Quasi-Judicial Hearing - Application for Conditional Use with No New Construction submitted by property owner, Susan Baker, and applicant, Michelle Longarzo, for Conditional Use Approval to operate a Dwelling Rental with a rental period of 30 days or less. The property is located at 1577 Thumb Point Drive and is zoned Single-Family Intermediate density zone (R-2). Parcel ID: 2401-605-0105-000-0.]

>> YES, MA'AM. >> THE NEXT ITEM IS AN APPLICATION FOR CONDITIONAL USE SUBMITTED BY PROPERTY OWNER

[00:45:01]

SUSAN BAKER AND MICHELLE LONGARZO FOR APPROVAL TO OPERATE A DWELLING RENTAL WITH A RENTAL PERIOD OF 30 DAYS OR LESS.

THE PROPERTY IS AT 1577 THUMB POINT DRIVE, IT IS ZONED SINGLE FAMILY INTERMEDIATE DENSITY ZONE R-2.

>> HAS ADVERTISING BEEN MET? >> IT HAS BEEN MET.

>> WOULD YOU ASK FOR EXPARTE COMMUNICATIONS?

>> YES. >> COMMISSIONER JOHNSON?

>> NO, MA'AM. >> COMMISSIONER J. JOHNSON?

>> YE, MA'AM, WITH STAFF AND WITH RESIDENTS.

>> THANK YOU. COMMISSIONER PERONA?

>> AT ONE TIME I DID SPEAK ABOUT THIS PROJECT.

>> THAT IS A YES. >> YES.

>> MAYOR HUDSON? >> YES.

WITH RESIDENTS AND I WATCHED THE PLANNING BOARD MEETING.

>> THANK YOU. >> WOULD YOU LIKE TO SWEAR IN

THE WITNESSES. >> ANYONE WISHING TO SPEAK ON THIS ITEM PLEASE STAND AND RAISE YOUR RIGHT HAND? DWOOU SWEAR OR AFFIRM TO TELL THE TRUTH THE WHOLE TRUTH AND

NOTHING BUT THE TRUTH? >> I DO.

>> THANK YOU. >> PROCEED.

>> MAYOR, MEMBERS OF THE COMMISSION.

I AM BEFORE YOU, BEFORE I BEGIN MY POWER POINT PRESENTATION, I WOULD LIKE TO CLARIFY WHAT HAPPENED AT THE PLANNING BOARD WITH THIS PROJECT. I HAVE HEARD SOME CONCERNS THAT NOT ALL INFORMATION WAS PROVIDED TO THE PUBLIC.

ONE OF OUR BOARD MEMBERS HAD ASKED ME IF THERE WERE ANY CODE VIOLATIONS FOR THIS PROPERTY. AT THAT TIME I ANSWERED THERE WERE NOT BECAUSE THEY HAD BEEN CLEARED.

I DID APOLOGIZE FOR THAT AT THE END.

I HAVE GONE THROUGH THE WHOLE PROCESS.

THERE WAS A CODE VIOLATION WHICH MANY OF OUR VACATION RENTALS ARE BROUGHT THROUGH. THIS IS WHAT HAPPENED TO MISS BAKER. SH WAS NOTIFIED.

IT WAS TAKEN DOWN BEFORE THE 22ND.

I CONFIRMED THAT WITH PEGGY. IT WENT TO PRE-APP.

THOSE WERE PRE-APP COMMENTS. WHEN THE OFFICIAL APPLICATION WAS SUBMITTED AND WENT TO TRC, THEY ALREADY REMOVED IT IN DECEMBER. THEY ADVERTISED IT WITH AIRBNB, WHOEVER THEY ADVERTISED IT WITH. THEY WERE NOT IN VIOLATION.

THAT STARTED THE WHOLE PUBLIC HEARING PROCESS.

AT THE TIME THEY WENT TO PUBLIC HEARING, THEY CORRECTED THE REMOVAL OF THAT, THEY HAD DONE THAT IN DECEMBER.

I WANTED TO BE CLEAR ON THAT. >> THANK YOU.

>> THE SUBJECT LOCATION IS 1577 THUMB POINT DRIVE.

THE FUTURE LAND USE ARE SHOWN ABOVE.

THEY ARE CONSISTENT. IT IS ZONED SINGLE FAMILY INTERMEDIATE DENSITY R-2. THIS IS SIMILAR TO WHAT I EXPLAINED IN THE PREVIOUS. WE GO BY OUR ORDINANCE PASSED IN 2001 WHICH CALLED FOR THE ESTABLISHMENT OR THE ABILITY TO ESTABLISH DWELLING RENTAL IN CERTAIN ZONING DISTRICTS AS CONDITIONAL USE. WHEN THEY GO TO TRC, WE WANT TO MAKE SURE IF THERE ARE ANY VIOLATIONS, NOTED AND THEY HAVE BEEN CORRECTED. IN 2011, OUR STATE PRE-EMPTED US TO REALLY REGULATE VACATION RENTALS WITH EXCEPTION OF ANY ORDINANCE MAY NOT PROHIBIT VACATION RENTALS OR REGULATE THE DURATION OF FREQUENCY. STAFF IS RECOMMENDATION APPROVAL WITH FIVE STANDARD CONDITIONS, DIFFERENT THAN THE ONES I HAD SHOWN PRIOR. IT THEN WENT TO PLANNING BOARD ON FEBRUARY 9 AS WELL. WITH THIS ITEM, THERE WAS DISAPPROVAL, IT WAS UNANIMOUS. IT WAS BASED ON THE TESTIMONY OF MISS BAKER. SHE WAS CALLED IN.

SHE WAS NOT PRESENT IN THE MEETING.

THERE WAS CONFUSION AS TO WHETHER SHE COULD COMPLY WITH CONDITION NUMBER ONE, WHICH IS BEING A PROPERTY MANAGER WHO RESIDES IN ST. LUCIE COUNTY. THE WAY IT WAS INTERPRETED OR RELAYED TO US, SHE RESIDED IN PALM BEACH COUNTY, SHE WAS CLAIMING TO BE THE PROPERTY MANAGER AS WELL.

THAT IS WHY THE PLANNING BOARD RECOMMENDED DISAPPROVAL.

[00:50:02]

SUBSEQUENT MICHELLE LONGARZO IS REPRESENTING MISS BAKER ON THIS PROPOSAL AND WILL ACT AS MANAGER.

SHE DOES RESIDE IN ST. LUCIE COUNTY.

THE ACTION ARE TO APPROVAL OR APPROVAL WITH CHANGES OR DISAPPROVE. I'M HERE TO ANSWER ANY

QUESTIONS. >> ANY QUESTIONS OF STAFF?

NO? >> WE'LL OPEN THE PUBLIC HEARING AND ASK THAT THE APPLICANT COME FORWARD, PLEASE.

IS THERE A SIGN-IN SHEET? >> STATE YOUR NAME AND ADDRESS AND THAT YOU WERE SWORN IN. DON'T GET SO CLOSE TO THE MIC.

>> MICHELLE LONGARZO 1718 OCEAN DRIVE, HUTCHINSON ISLAND,

FLORIDA. >> AND YOU WERE SWORN IN?

>> YES. MAY I ASK MRS. HOFSTER QUESTIONS. GOOD EVENING.

SINCE THIS IS QUASI JUDICIAL, I HAVE TO ASK YOU YOUR POSITION, WHAT IS YOUR POSITION WITH THE CITY?

>> I'M PLANNING DIRECTOR. >> OKAY.

SO THAT YOU HAVE REVIEWED THIS PROPERTY AND YOUR RECOMMENDATION

IS APPROVAL? >> YES, MA'AM.

>> OKAY. AND IS THERE ANYTHING IN THE CODE PREVENTING MRS. BAKER FROM RENTING, HAVING SHORT TERM

RENTAL? >> IT IS GOING THROUGH THE CONDITIONAL USE APPROVAL PROCESS.

>> WHAT -- WHAT -- I'M SORRY. EXCUSE ME.

WHICH AREAS ARE NOT ALLOWED TO RENT IN THE ORDINANCE?

>> IN THE RESIDENTIAL ZONING DIRECT, E-2 IS PROHIBITED.

>> THIS PROPERTY IS ZONED AS? >> THIS IS R-2.

>> OKAY. AND OUR R STANDS FOR

RESIDENTIAL? >> YES.

>> IS THERE ANY EVIDENCE PRESENTED FROM THE CITY PREVENTING THIS FROM BEING A SHORT TERM RENTAL?

>> NO, THERE IS NOT. >> THANK YOU, MISS HOFMISTER.

MAY I BEGIN MY PRESENTATION? >> YES.

YOU MAY BE EXCUSED IF YOU WANT TO BE EXCUSED.

>> I CAN SIT HERE? >> YOU CAN SIT THERE OR NOT SIT

THERE. >> MRS. BAKER'S PROPERTY IS BEING BROUGHT BEFORE YOU ALL, THANK YOU VERY MUCH FOR TAKING THE TIME TO REVIEW THIS. I HAVE PRESENTED ON MANY OCCASIONS SO I'LL GO THROUGH WHAT I FEEL THE PERTINENT THINGS ARE TO DISCUSS. THE FIRST THING OBVIOUSLY, I HAVE TAKEN ON MRS. BAKER'S PROPERTY.

A LOT OF YOU KNOW I HAVE -- I REPRESENT SEVERAL PRIVATE PROPERTIES, PRIVATE RESIDENTIAL PROPERTY MANAGEMENT.

MRS. BAKER WAS -- HAD A DIFFICULT PLANNING BOARD MEETING. I WAS NOT PRESENT BUT I DID REVIEW IT AS WELL. WITH THAT BEING SAID, IN KEEPING WITH THE THINGS WE HAVE DISCUSSED ON PREVIOUS PROPERTY.

MISS BAKER HAS PROPERTY RIGHTS, SHE DOES HAVE PROPERTY RIGHTS.

SHE HAS THE RIGHT TO ACQUIRE, POSSESS AND PROTECT HER PROPERTY, THE RIGHT TO USE AND ENJOY HER PROPERTY.

SHE HAS THE RIGHT TO EXCLUDE OTHERS FROM HER PROPERTY, THE RIGHT TO DISPOSE OF HER PROPERTY, THE RIGHT OF DUE PROCESS, THE RIGHT OF COMPENSATION FOR PROPERTY TAKEN FOR PUBLIC PURPOSE AND THE RIGHT TO RELIEF.

WE HAVE GONE THROUGH THIS PROCESS MANY TIMES BEFORE.

THE DBR UNDER THE INFORMAL INTERPRETATION, 8027 STATES MRS. BAKER HAS THE RIGHT TO RENT HER PROPERTY AND ALSO THE ONE I WENT BEFORE TALLAHASSEE WHICH IS, YOU KNOW, THE BINDING INTERPRETATION REPORT 179. WE HAVE ALL DISCUSSED THIS PREVIOUSLY BEFORE, SHE DOES HAVE THE RIGHT TO GO AHEAD AND GO FORTH AND RENT HER PROPERTY. WE'LL JUST TAKE QUASI JUDICIAL OF THAT AS WELL -- I'M SORRY, JUDICIAL NOTICE.

IN ADDITION, NOTHING HAS BEEN PRESENTED TO ME OR TO MRS. BAKER THERE IS SUBSTANTIAL EVIDENCE. SEVERAL PROPERTIES HAVE BEEN APPROVED WHICH ARE SINGLE PROPERTY HOMES.

ONE I REPRESENTED ALREADY WAS MR. ROBINS, I'M SURE YOU REMEMBER THAT ONE. THAT WAS THE FIRST SINGLE FAMILY HOME THAT WAS APPROVED. THEN, OF COURSE, WE HAVE MRS. WOOD WHO ALSO HAS A SINGLE FAMILY APPROVAL.

[00:55:06]

AND THE SHORT TERM RENTAL AS WELL, ALL WITHIN FORT PIERCE CITY LIMITS. IN ADDITION TO THIS PROPERTY, MRS. HOFMISTER HAS DONE AN EXCELLENT JOB OF PREPARING A STAFF REPORT. IN THE STAFF REPORT, IT STATES HAS IT HAS GONE THROUGH FLIERS, GONE THROUGH THE BUILDING DEPARTMENT AND ALL THOSE TRC. IT HAS GONE THROUGH APPROVAL.

MRS. BAKER HAS INSTALLED FIVE CAMERAS ON HER PROPERTY SO THAT SHE MAY ALSO REVIEW AND I WILL HAVE ACCESS TO THE CAMERAS.

OCCASIONAL YOU GET SOMEONE WHO RENTS A VACATION RENTAL AND THEY DON'T TELL THE TRUTH, THEY SAY TWO AND THEY BRING SIX AND THEIR BRING DOGS AND IT IS NOT APPROVED.

WITH THE RING CAMERAS, IT WILL BE BE ABLE TO MONITOR THE EXTERIOR AND YOU'LL SEE IF THERE IS A VIOLATION.

SHE OR I WILL BE ABLE TO ADDRESS IT QUICKLY.

THAT IS ANOTHER POSITIVE THING. AS WE DISCUSSED PREVIOUS, AIRBNB DOES NOT RENT TO FELONS, THAT IS ANOTHER POSITIVE WHEN YOU GO THROUGH THESE RENTAL AGENCIES. IN ADDITION, SHE AGREES TO THE CONDITIONS BROUGHT FORWARD, TO ALL THE OF THE CONDITIONS STATED, THE GUIDE BOOK LITES, THE PARKING CONSTRAINTS AND PROPERTY MANAGEMENT CONSTRAINTS. I WILL BE HELPING HER WITH THAT AS WELL. WE'LL JUST GO OVER THIS QUICKLY, JUST TO PRESERVE HER RIGHT AS SHE HAS THE RIGHT TO DUE PROCESS. I HAVE SAID THIS BEFORE PREVIOUS, WE HAVE HAIL VERSUS HINKLE WHICH IS, I'LL TAKE JUDICIAL NOTICE OF. 201 U.S. 43, IN THAT IT STATES THAT ORDINANCES ARE CORPORATE BYLAWS WHICH MEANS YOU GUYS HAVE TO WITHHOLD AND UPHOLD THAT AS WELL.

THERE HAVE BEEN TWO OPINIONS WITH REGARDS TO OUR FLORIDA ATTORNEY GENERAL, YOU HAVE AG 02197.

THIS WAS A SITUATION WHERE THEY HAD ASKED QUESTIONS WITH MUNICIPALITIES, WHETHER THEY HAD RIGHTS TO BE ABLE TO GO AHEAD AND GO FORWARD WITH IT. IT RULED IN THE FAVOR OF A VACATION RENTAL. THEN YOU HAVE ALSO AGO 2014-09 WHICH WAS ACTUALLY WRITTEN BY PAM BONDI WHO HAS MOVED ON.

NEVERTHELESS, THAT ONE ALSO SAYS THAT WE ARE NOT ALLOWED TO BE PROHIBITED, YOU KNOW, THE PROPERTY CAN'T BE PROHIBITED FROM A RENTAL. TO ALLEVIATE SOME OF THE FEARS OF OUR FELLOW RESIDENTS, I HAVE BEEN DOING PROPERTY MANAGEMENT CURRENTLY FOR IT HAS BEEN OVER A YEAR AT THIS POINT, AT THIS JUNCTURE. HERE IS WHAT I HAVE OBSERVED IN THE COMMUNITY. SO YOU HAVE LONG TERM REN RENTERS. I THINK LONG TERM RENTERS GET COMPLACENT AND THE PROPERTY GETS RUN DOWN, THINGS GET LEFT OUTSIDE, THEY MAY NOT MOW THE GRASS PROPERLY.

WHEN IT IS A VACATION RENTAL, IT IS THE PROPERTY MANAGER'S POSITION EVERYTHING HAS TO BE PERFECT AS IF THIS IS THE FIRST TIME THEY ARE SEEING THE PROPERTY, YOU WANT TO MAKE SURE IT IS BEAUTIFUL BECAUSE THAT IS THE FIRST IMPRESSION.

IN MY OPINION, IN MY EXPERIENCE, THESE VACATION RENTALS ARE POSITIVE IN THE FACT THAT IT KEEPS THE EXTERIOR MORE PRISTINE. YOU ARE CLEANING THE AREA AND MAKING SURE IT IS SWEPT UP AND HOSED DOWN IN THE FRONT OF ALL OF MY PROPERTIES ARE MAINTAINED TO THE UTMOST.

ALSO ON THE INTERIOR, THE SAME THING, YOU WANT GOOD RATINGS.

WHEN YOU ARE RENTING, YOU GET A RATING, THE PERSON WHO IS THE PROPERTY MANAGER GETS A RATING. EVERYONE WANTS TO MAINTAIN THEIR RATING. THAT IS A POSITIVE THING.

THAT IS A CHECK AND BALANCE, WHETHER YOU'LL GET A FIVE-STAR RATING, WHETHER YOU HAVE MAINTAINED WITH YOUR CLIENTS.

[01:00:03]

JUANS CLIENT CHECKS IN, YOU REACH OUT AND MAKE SURE THEY ARE OKAY AND THERE IS NO ISSUE. YOU MAKE YOURSELF AVAILABLE.

YOU LET THEM ENJOY THE AREA. IN VACATION RENTALS AND ALSO FOR MRS. BAKER, WE PROVIDE A WHOLE AGENDA OF EVERYTHING THAT CAN BE DONE IN FORT PIERCE. THIS CITY IS AMAZING.

YOU HAVE A LOT TO DO, TOUGH -- YOU HAVE BREWERIES AND HORSEBACK RIDING. IT KEEPS THE TOURISM MONEY RIGHT HERE WHERE WE NEED IT SO WE CAN CONTINUE TO THRIVE AS A CITY.

THAT IS ANOTHER POSITIVE THING. FROM MY EXPERIENCE, THE DEMOGRAPHICS OF THE PEOPLE RENTING ARE MOSTLY MID-AGED WHICH IS PRETTY MUCH FROM LATE 30'S TO RETIREMENT, THE CLIENTS I PERSONALLY GET. YOU ALSO GET FAMILIES AS WELL.

SOMETIMES IT WILL BE A MOM, DAD AND COUPLE OF CHILDREN.

ANOTHER THING THAT HAS BEEN POPULAR ALSO WILL BE FUR BABY FRIENDLY. FORTUNATELY, WE HAVE A DOG PARK CLOSE. YOU KNOW, FORT PIERCE IS VERY FRIENDLY, A LOT OF RESTAURANTS ARE FRIENDLY.

THAT BRINGS TOURISM. NOT EVERYBODY ALLOWS THAT IN EVERY CITY, THEY ARE NOT AS FLEXIBLE.

OUR CITY IS QUITE FLEXIBLE FOR THAT.

MOST OF THE RESTAURANTS WILL ALLOW YOU TO BRING YOUR DOG OUT ON TO THE PATIO. THAT IS ANOTHER POSITIVE THING.

I WOULD SAY 85% OF MY RENTALS YOU CAN BRING A DOG.

REQUIREMENTS AS FAR AS THE DOG, THEY ARE REQUIRED TO PICK UP.

IF THEY DO NOT PICK UP, THEN IT IS MY RESPONSIBILITY TO PICK UP OUR PROPERTY. WE PICK UP OUR PROPERTY ON A REGULAR. EVERY PROPERTY I MANAGE, SAME THING. KEEP IT PRISTINE AND CLEAN.

FOR THE PEOPLE THAT HAVE FEARS IT WILL BE A PARTY OR ANY OF THAT STUFF, I CAN PROMISE YOU, THAT WON'T HAPPEN WHILE I'M PROPERTY MANAGING, I DO NOT WANT THAT TO BE AROUND.

THAT CAN BE SOMEWHERE ELSE. THE DEMOGRAPHICS OF THE ONES WE HAVE ARE BASICALLY IN THAT DEMOGRAPHIC.

WHEN A CLIENT BOOKS, THE NEXT THING I DO I CONTACT THE PEOPLE, WHAT IS THEIR PURPOSE TO VISIT? ARE THEY VISITING FAMILY? ARE THEY VISITING THE CITY? THAT ALSO GIVES ME ■ANIDEAIF I FEEL UNCOMFORTABLE WITH THE CONVERSATION, I HAVE THE RIGHT TO DECLINE THEM. IF THEY SAY THEY ARE COMING TO HAVE A 20-PERSON PARTY, YOU KNOW, I HAVE THE RIGHT TO DECLINE THAT RESERVATION AND THEN MOVE ON TO ANOTHER CLIENT.

I HONESTLY HAVE NEVER HAD THAT HAPPEN.

>> MAY I INTERRUPT YOU, YOUR PART IS 20 MINUTES.

ARE YOU TIMING THIS? I JUST WANT TO MAKE SURE.

I DIDN'T WANT YOU TO BE CUT OFF. I WANTED YOU TO KNOW.

>> I UNDERSTAND. FOR THE PEOPLE HAVING THE ISSUE WITH THE COMMUNITY, I DO UNDERSTAND THAT.

I STAND FOR BOTH SIDES. I WOULD NOT WANT ANY OF THAT IN MY COMMUNITY ALONE EITHER. THAT'S WHY WE ARE SO STRICT ABOUT OUR CLIENTS. ANYWAY, I WANT TO OFFER THAT TO REASSURE THE COMMISSION AND MADAM MAYOR AND TO MY FELLOW RESIDENTS. AS I HAVE SAID BEFORE, I PLAN ON STAYING HERE FOREVER, UNTIL I PASS ON.

I LOVE THE CITY. I'M HERE TO SUPPORT THE CITY, MR. PERONA. I'M HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE. I KNOW THE PLANNING BOARD WAS QUITE DIFFICULT AS MANY HAVE REVIEWED IT.

IF THERE ARE ANY QUESTIONS, I'LL BE HAPPY TO ANSWER THEM.

>> ANY QUESTIONS OF THE APPLICANT?

>> A QUICK QUESTION. >> YES.

>> I JUST WANTED TO MAKE SURE I WAS CLEAR, YOU HAVE THE ABILITY AS PROPERTY MANAGER TO REVIEW THAT.

HOW MANY HAVE YOU DECLINED AS A RESULT OF YOUR CONVERSATION

BEFORE? >> I HAVE NOT HAD TO DECLINE ANY. WE, AS A MATTER OF FACT HAVE HAD ZERO PROBLEMS. WE HAVE NOT HAD ANY POLICE ACTIVITY IN ANY OF OURS. I KEEP IN REGULAR CONTACT WITH THE CLIENTS. I HAVE MY PHONE ON ME RIGHT NOW.

I MAKE MYSELF AVAILABLE. WE'VE HAD A COUPLE OF EMERGENCIES WHERE THEY NEEDED HELP AT A CERTAIN TIME.

I KEEP MY PHONE NEXT TO MY BED. I HAVE BEEN WOKEN UP LATE.

IF THERE IS AN ISSUE, I WANT TO BE AVAILABLE TO THE PEOPLE

[01:05:02]

BECAUSE I THINK IT IS IMPORTANT. YOU NEVER KNOW, IT COULD BE A MEDICAL EMERGENCY OR ANOTHER EMERGENCY.

EVERY SITUATION IS DEALT WITH IMMEDIATELY.

I'VE HAD TO COME OUT TO THE ISLAND AT 11:30 AT NIGHT FOR SOMETHING SIMPLE, WHETHER THEY NEEDED SOMETHING OR THEY NEEDED HELP WITH SOMETHING, YOU KNOW, THEY FORGOT SOMETHING.

AN EXAMPLE WOULD BE A CRIB. THEY GOT IN LATE, THEY NEED A PLAY PACK OR WHATEVER THE CASE MAY BE.

I MAKE MYSELF AVAILABLE. WHETHER IT IS A SERIOUS MATTER OR SOMETHING SIMPLE, I KEEP MYSELF AVAILABLE.

>> ANY OTHER QUESTIONS? >> A COUPLE OF QUESTIONS.

DOES THE RESIDENCE -- THERE IS A VEHICLE MAXIMUM.

YOU ARE REPRESENTING THE APPLICANT.

IS THE APPLICANT OKAY WITH THAT? >> YES, SIR.

>> CONDITION. >> YES.

>> THE HOUSE AND RESIDENCE CAN ACCOMMODATE THE CONDITION?

>> YES, SIR. >> IS THERE CONNECTIVITY OR ACCESS TO PEDESTRIAN ACTIVITY NEAR THE RESIDENCE?

>> THERE ARE NO SIDEWALKS IN THAT AREA.

>> ALL RIGHT. >> I DON'T BELIEVE -- I DON'T KNOW IF THE CITY IS GOING TO PUT ONE IN.

I'M NOT SURE WHAT IS ON THE SCHEDULE.

>> YOU TALKED ABOUT YOUR EXPERIENCE WITH OTHER VACATION REN RENTALS.

DO YOU FEEL LIKE THIS IS COMPATIBLE WITH -- THESE APPLICATIONS ARE THEY COMPATIBLE WITH SINGLE FAMILY AS FORT

PIERCE HAS LAID THEM OUT? >> I FEEL THEY ARE COMPATIBLE.

I KNOW THERE ARE SOME RESIDENTS THAT HAVE OPPOSITION OVER THAT.

AS I STATED BEFORE PREVIOUS, I MEAN, AS LONG AS IT IS LAWFUL, WE REALLY DON'T HAVE THE RIGHT TO TELL ANYBODY WHAT TO DO IN THEIR HOME. SHE DOES HAVE THE RIGHT BY HER LEGAL LAWFUL RIGHT TO BE ABLE TO RENT.

THIS IS WHAT SHE DECIDED TO DO. SHE GOES BACK AND FORTH WITH HER FAMILY. SHE USES THE PROPERTY WHICH IS HER RIGHT TO ENJOYMENT. IT STATES, OF COURSE, UNDER THE PROPERTY RIGHTS, IT STATES THAT SHE HAS THE RIGHT TO RENT.

IT IS HARD TO MAKE EVERYBODY HAPPY.

YOU KNOW THAT, YOU ARE ON THE COMMISSION.

>> WE KNOW WELL. >> YOU KNOW BOTH SIDES OF THE

FENCE. >> THE CHALLENGING PART OF THE LAW, WHEN I ASK YOU THE QUESTION, THE FOLKS THAT LIVE NEXT TO APPLICANTS LIKE THIS HAVE THE RIGHT TO THEIR PROPERTY

ALSO. >> THAT'S TRUE.

>> I THINK THAT'S THE CHALLENGE. DO YOU BELIEVE THAT IS A

CHALLENGE ALSO? >> WELL, I BELIEVE IT IS A CHALLENGE TO MAKE ALL OUR NEIGHBORS HAPPY.

MY COMPLEX HAS 13 OF US, 13, OKAY, SO YOU KNOW WHAT IT IS LIKE TO MAKE EVERYBODY HAPPY IN A COMPLEX AS MINIMAL AS 13, THERE IS ALWAYS SOMEBODY THAT IS NOT HAPPY.

CAN WE MAKE EVERYBODY HAPPY? NO, PROBABLY NOT.

TO ALLAY THE FEARS, AT LEAST THEY CAN CALL ME, THEY CAN CALL MRS. BAKER. IF THERE IS AN ISSUE AND THERE IS A NEIGHBOR TO THE LEFT AND TO THE RIGHT, THERE IS A PROBLEM, I WOULD ABSOLUTELY TAKE THEIR CALL.

I WOULD FIX THE PROBLEM IF THERE WAS A PROBLEM, A LEGITIMATE PROBLEM. THERE WAS SOME KIND OF VIOLATION ACCORDING TO WHAT WE ARE AGREEING TO, I WOULD DEAL WITH IT IMMEDIATELY. I CAN BE THERE -- IF I'M AT HOME, I CAN BE THERE WITHIN 32 MINUTES BUT I'M ON THE ISLAND MUCH MORE THAN I AM AT HOME THANKFULLY, THOUGH.

>> FOR THOSE SERVICES, DO YOU HAVE A CONTRACT WITH THE HOMEOWNERS OR THE PROPERTY SNO

OWNERS. >> I DON'T HAVE A CONTRACT.

THEY CAN KEEP ME OR LEAVE, IT IS BASED ON MY PERFORMANCE.

I DON'T NEED CONTRACTS WITH ANY OF MY CLIENTS.

I DO A PRETTY GOOD JOB. >> YOU LIVE IN ST. LUCIE COUNTY, RIGHT? THE ADDRESS YOU GAVE WAS THE

ISLAND. >> I'M HERE MORE THAN I AM THERE. I WILL GIVE YOU MY ADDRESS 1425 SOUTHWEST EDENBURG DRIVE. I'M RIGHT ON BECKER AND I-95.

ROUGHLY TAKES 32 MINUTES TO GET TO THE ISLAND.

I WOULD SAY MY TIME SPLIT IS ABOUT 75-25.

I DON'T SPEND A LOT OF TIME AT HO

HOME. >> ANY OTHER QUESTIONS OF THE APPLICANT? ? ANY OTHER? THANK YOU VERY MUCH.

WE'LL OPEN THE PUBLIC HEARING. WE MAY BE ASKING YOU TO COME

BACK AT THE END. >> I WOULD LIKE MY RIGHT TO

REBUT. >> I WOULD LIKE TO ASK YOU TO

[01:10:02]

COME BACK AT THE END. >> THANK YOU.

>> ANYONE WHO WOULD LIKE TO ADDRESS THE COMMISSION, PLEASE COME FORWARD. THE THREE-MINUTE RULE IS IN EFFECT. PLEASE COME FORWARD AND STATE YOUR NAME AND ADDRESS. PLEASE COME FORWARD.

>> FIRST THING, I'M WONDERING WHY --

>> YOU HAVE TO STATE YOUR NAME AND ADDRESS FOR THE RECORD.

WERE YOU SWORN IN? >> MY NAME IS DAVID HICKS.

I WAS SWORN IN WITH THE GROUP. MY ADDRESS IS 1502 THUMB POINT

DRIVE. >> MY NAME IS [INAUDIBLE].

I'M HERE BECAUSE OTHERWISE I COULDN'T SIT IN THE CHAIR.

>> WE'LL HAVE YOU DO ONE AT A TIME.

>> FIRST THING I NOTICED, AS DID MAYOR HUDSON IS THAT SHE USED HER ADDRESS ON SOUTH OCEAN DRIVE AND THEN SAID I HAVE TO DRIVE TO THE OCEAN. WHY WAS THAT PLOY USED?

>> SIR, TALK TO US. >> SHE SAID SHE WANTED TO REBUT THINGS. THE OTHER ISSUE IS WHERE DO WE GET HER PHONE NUMBER IF WE NEED TO COMPLAIN? SHE SAID YOU CAN CALL ME ANY TIME.

I DIDN'T SEE ANYTHING WHERE HER NUMBER IS MADE PUBLIC SO TELL US HOW WE'LL GET THAT PHONE NUMBER. WHAT IS THE SITUATION WITH THE INSURANCE ON THAT PROPERTY? I DON'T THINK YOU CAN DO RENTALS WITH A REGULAR HOMEOWNER PROPERTY.

I HAVE HEARD ALL KINDS OF ISSUES WITH LIABILITY WHERE THE LIABILITY ISN'T COVERED BECAUSE THE HOMEOWNER'S INSURANCE WON'T COVER WHEN YOU ARE RENTING A PROPERTY LIKE A HOTEL.

I WANT TO KNOW WHAT THE CITY LOOKING INTO IN TERMS OF LIABILITY INSURANCE. IF SOMEBODY GETS HURT AND SHE HAS IT RENTED WHO WILL BE LEFT HOLDING THE BAG.

IT IS A RESIDENTIAL COMMUNITY, IT IS A LOVELY COMMUNITY, TO THINK OF IT BEING KIND OF -- THIS IS THE FIRST STEP IN TRYING TO DESTROY IT. AND SHE DOESN'T LIVE ON IT.

AS SHE TRIED TO LEAD US TO BELIEVE SHE LIVED ON SOUTH OCEAN, SHE LIVES 32 MINUTES. SHE DOESN'T HAVE ANY SKIN IN THE GAME. SHE CAN LET THIS BECOME A HORRIBLE NEIGHBORHOOD AND SHE HAS NO SKIN IN THE GAME.

THOSE ARE MY THOUGHTS. WHAT DOES THE CITY GET OUT OF THIS? THEY GET NOTHING.

WHAT IS THE COMPLIANCE? I CALLED THE PLANNING COMMISSION ABOUT THIS PROPERTY, I CALLED THREE TIMES.

WHEN YOU CALL IN, THEY SAY, WE'LL GET BACK TO YOU IN 48 HOURS. SEVEN DAYS LATER, I CALLED A SECOND TIME. SEVEN DAYS, I DIDN'T GET A CALL BACK. THE THIRD TIME I CALLED, SOMEBODY ANSWERED THE PHONE. THE OTHER TIMES I GET A TAPE, WE'LL CALL YOU WITHIN 48 HOURS. NOBODY CALLED.

I LEFT MY NAME, MY ADDRESS, MY CELL PHONE, EVERYTHING.

TO SAY, CALL THE CITY. THAT IS SAYING GO OUTSIDE AND START YELLING AND SCREAMING YOUR HEAD OFF.

NOBODY IS GOING TO COME, NOBODY IS GOING TO LISTEN.

THAT IS JUST A WORTHLESS CLAIM. I HAVE THE EXPERIENCE.

THAT'S ALL I WANT TO SAY. >> THANK YOU, SIR.

YES, MA'AM? >> I WROTE A LETTER.

>> COULD YOU STATE YOUR NAME? >> MY FULL NAME IS LISA HICKS.

MY NICKNAME IS LEE. I JUST WROTE A LETTER TRYING TO

EXPRESS MY FEELINGS -- >> WERE YOU SWORN IN?

>> NO. >> WOULD YOU RAISE YOUR RIGHTHAND, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH?

>> YES. >> AND YOU HAVE THE SAME

ADDRESS? >> YES.

>> THANK YOU. >> I READ THIS, IT IS SHORT.

MY HUSBAND AND I AND AT THAT TIME, OUR THREE DOGS, WE MOVED TO FORT PIERCE FROM BALTIMORE, MARYLAND.

FROM THAT TIME WE FELT LIKE WE MOVED TO PARADISE.

WE HAVE TRAVELED EXTENSIVELY. EVERY TIME WE MOVE INTO CROSSBRIDGE WE FEEL LIKE WE ARE GOING INTO OASIS.

OUR NEIGHBORS ARE ALWAYS WALKING WITH OR WITHOUT DOGS.

WE LOVE EACH OTHER. IT IS LIKE GOING BACK IN TIME TO SAFE NEIGHBORHOODS I REMEMBER FROM MY CHILDHOOD, IT SEEMS LIKE A MILLION YEARS AGO. TO INTRODUCE AN ESTABLISHMENT WHERE UNKNOWN STRANGERS CAN VISIT FOR SHORT PERIODS OF TIME IS UNTHINKABLE IN OUR PRECIOUS NEIGHBORHOOD.

SURE THE ATTRACTION IS THE RIVER AND BEACH BLOCKS AWAY.

THAT IS WHY WE MOVED HERE FROM A BIG CITY TO QUIET FORT PIERCE.

PLEASE DO NOT ALLOW BUSINESSES TO DESTROY OUR AREA.

I SAY PLURAL, BUSINESSES, ONCE THE DOOR OPENS WE ARE SET UP FOR

[01:15:03]

A DOWNHILL SLIDE FOR MORE TO FOLLOW.

THESE PEOPLE WHO ARE OPENING THESE ESTABLISHMENTS DO NOT CARE ABOUT OUR NEIGHBORHOOD. THEY CARE ABOUT MAKING A PROFIT.

PLEASE ALLOW OUR NEIGHBORHOOD TO CONTINUE IN ITS PRESENT SITUATION. LONG TERM NEIGHBORS WHO LOVE SOUTH HUTCHINSON ISLAND AND FORT PIERCE, FLORIDA.

>> THANK YOU VERY MUCH. >> NEXT?

>> HOW ARE YOU DOING TODAY? MY NAME IS TIMOTHY BANKSON.

>> WERE YOU SWORN IN? >> I WAS SWORN IN EARLIER, YES.

MR. PERONA SAID THE MOST IMPORTANT THING I HAVE HEARD ABOUT THE PREVIOUS APPLICANT AND THAT WAS, IT WAS WHERE YOU WOULD EXPECT TO SEE IT, IT WAS ON BINNEY DRIVE, A DUPLEX WHERE THERE ARE THOSE RENTALS. LOOK AT THOSE HOUSE, THERE ARE RESIDENTS ON EACH SIDE. YOUR HANDS ARE NOT TIED YET BY THE STATE. YOU CAN DENY THIS ON THE GROUNDS OF QUALITY OF LIFE OR SAFETY. YOU DON'T HAVE TO APPROVE THIS, WE ARE ASKING YOU NOT TO. I WAS AT THE PLANNING MEETING FOR MRS. BAKER. SHE STATED SHE WOULD STAY IN THE HOUSE WITH HER CHILDREN WHILE SHE WOULD AIRBNB IT, THOSE ARE SAFETY ISSUES. WOULD YOU WANT IN THE HOUSE WITH STRANGERS? THE LADY WHO IS APPARENTLY THE PROPERTY MANAGER NOW, SHE LIVES -- IT WOULD TAKE MORE THAN HALF AN HOUR TO GET HERE ON A GOOD DAY WITH THE TRAFFIC.

SHE HAS NO CONTRACT. MYSELF PERSONALLY, MY OPINION, SHE JUST GAVE YOU A SNOW JOB. THIS PAINT THIS AS OH, EVERYTHING IS GOING TO BE FINE, THERE IS NEVER ANYTHING WRONG, IT IS ALL ABOUT MONEY, YOU HAVE A HANDFUL OF INDIVIDUALS WANTING TO MAKE MONEY AT THE EXPENSE OF OUR SAFETY.

WE WANT TO KNOW OUR NEIGHBORS. WE DON'T WANT TO LIVE NEXT TO STRANGERS, A REVOLVING DOOR OF STRANGERS.

WE WANT TO GET TO KNOW THEM. IT IS A NEIGHBORHOOD.

IT IS NOT A HOTEL. THERE ARE HOTELS ON THE BEACH.

THEY'LL BUILD A NEW ONE AT THE POWER PLANT.

THERE WILL BE PLENTY OF PLACES FOR PEOPLE TO STAY NOT NEXT DOOR TO NEIGHBORS. I KNOW ABOUT AIRBNB BECAUSE I CAN'T GIVE THE NAME, BECAUSE THEY ARE INVOLVED IN A LAWSUIT WITH THE CITY. 100 FEET FROM MY HOUSE, A MAN OPERATED AIRBNB FOR FOUR MONTHS. WE SAW AS MANY AS SEVEN OR EIGHT VEHICLES, WE SAW AS MANY AS 20 PEOPLE ONE TIME.

WE SAW PEOPLE PARK ACROSS THE SIDEWALK.

WE SAW DOGS WHEN THE RULES SAID NO PETS.

IT IS ALL DOCUMENTED, I HAVE PHOTOS OF ALL THIS, THE CITY HAS THIS . IF YOU HAVE CHILDREN, HOW DO YOU KNW WHO THESE PEOPLE ARE? I DON'T BUY THE PART ABOUT THE BACKGROUND CHECK. IF MY CHILDREN WERE STILL YOUNG, I WOULD NOT THEM NEXT TO STRANGERS.

IT DOESN'T FIT. IT DOESN'T FIT HERE, WHAT THEY ARE NOT TELLING YOU ALSO IS ACROSS THE STREET FROM THIS HOUSE, THERE IS FIXING TO BE ANOTHER ONE AND ANOTHER ONE ON CLOVER AND ANOTHER ONE ON FABAR COURT.

WE ARE UNDER ATTACK. OUR RESIDENCES ARE UNDER ATTACK

FROM PEOPLE WHO ONLY WANT MONEY. >> THANK YOU.

WHO WANTS TO GO NEXT? GOOD AFTERNOON.

I'M JERRY WALTERS, 1573 THUMB POINT DRIVE.

I WAS SWORN IN. WHEN WE MOVED HERE IN 2010, I USED TO JOKE THAT A TRAFFIC JAM IN STEWART WAS FOUR CARS AND IN FORT PIERCE IT IS 100 CARS. I'M A BIT CONCERNED ABOUT, YOU KNOW, THIS WHOLE OPERATION. THIS MEETING IS NOT JUST ABOUT

[01:20:06]

ONE PROPERTY. IT IS THE FUTURE OF THE ISLAND.

SOME YEARS AGO, ST. LUCIE COUNTY ALLOWED HIGH-RISES ONLY DOWN SOUTH. THE BRIDGE AT JETSON IN EVACUATION TIME IS A MESS. ON SUNDAYS, IT IS OVERLOADED ALL THE WAY FROM THEIR TRAFFIC CIRCLE BACK INTO JETSON BECAUSE OF ALL THOSE HIGH-RISES. FORTUNATELY, WE DIDN'T TAKE ON HIGH-RISES THEN. I WOULD SAY IF YOU CANNOT BUCK TALLAHASSEE, I BELIEVE YOU SHOULD REALLY DO YOUR HOME WORK ON HOW TO CONTROL SHORT TERM RENTALS.

ONE OF THE GENTLEMEN SAID, ONE THING I WANT TO TALK ABOUT, I HAVE A LARGE PARKING AREA, I WOULD LIKE TO HAVE MORE THAN TWO CARS THERE. THAT'S GOING TO BE A QUESTION COMING TO YOU IN THE FUTURE. I DON'T KNOW HOW THOROUGH YOUR PROCESS IS. DO WE HAVE A GUIDE FOR AIRBNB PROPERTIES AS TO THE NUMBER OF GUESTS? IS THERE A QUIET TIME? DO THE OWNERS HAVE TO SUBMIT DETAILED PLANS? WHO WILL MANAGE THE TRASH CANS? THEY GO OUT ON MONDAYS. THEY PICK UP ON MONDAYS AND THURSDAYS WILL THEY STAY ON THE ROAD UNTIL THE WEEKEND? WHEN DO THEY GO BACK IN? DO THEY REMAIN ON THE ROAD? I DON'T WANT TO BE MY NEIGHBOR'S ENEMY BUT I WANT TSOME ASSURANC OUR NEIGHBORHOOD WON'T BE COMPROMISED.

I SURE DON'T WANT YOUR JOB BUT I WANT YOU TO REALLY CONSIDER ALL OF THOSE LITTLE INS AND OUTSIDE. REMEMBER AT THE PLANNING MEETING I SAID MY BEDROOM IS FROM THAT WALL TO THAT WALL FROM THIS SWIMMING POOL. IF THEY ARE SWIMMING UNTIL 8:00 OR 9:00, I'M YOUNG UNTIL TO STAY UNTIL 9:00.

IF THEY ARE SWIMMING FROM 12:00 UNTIL 1:00, I HAVE A PROBLEM WITH IT. IS THERE A RULE? I THOUGHT THE LADY THAT SPOKE, MRSZ LONGARZO DID A GOOD JOB IF

IT WORKS. >> THANK YOU, SIR.

WHO IS NEXT? >> GOOD AFTERNOON.

I LIVE AT 1616 FRANCIS AVENUE IN FORT PIERCE.

MY HOUSE IS ADJACENT TO THE PROPERTY HERE.

>> WERE YOU SWORN IN? WERE YOU SWORN IN?

>> HUH? >> WERE YOU SWORN IN?

>> I WAS BEFORE. >> YOU ARE FINE.

I WANTED TO MAKE SURE. >> MY BACKYARD IS ADJACENT TO THIS BACKYARD. MY CONCERN IS WHEN WE WALK OUR DOG AT NIGHT, WE NOTICE WHAT GOES ON IN THE NEIGHBORHOOD.

ONE OF THE THINGS I PICKED UP ON IS WHAT A NICE DRIVEWAY THEY PUT IN ON THIS HOUSE. I COULDN'T FIGURE OUT WHY THEY PUT A CIRCULAR DRIVEWAY ON THE THUMB POINT WHEN THE DRIVE IS ON BERNDINA. WHEN I HEARD THEY WANTED TO HAVE AN AIRBNB, I SAID, I KNOW WHY, THEY CAN HAVE A LOT OF PEOPLE PARK. THEY HAD SIX OR EIGHT CARS LINED UP ON BERNDINA FACING ON THE STREET AND THEY WERE HAVING POOL PARTIES AND IT WAS FAR FROM WHAT YOU WOULD SEE IN A SINGLE FAMILY RESIDENCE. OKAY.

IT SAID, NO NEW CONSTRUCTION. WELL, THAT DRIVEWAY WASN'T THERE THREE MONTHS AGO. I COULDN'T FIGURE OUT WHY THEY WANTED TO DO THAT. I'M CONCERNED WE'LL HAVE TRANSIENTS COMING IN. I AGREE WITH BACKGROUND CHECKS ON AIRBNB PEOPLE. I DON'T HAVE MUCH FAITH IN THAT.

WE ARE TALKING ABOUT LESS THAN A 30-DAY RENTAL.

WE ARE TALKING ABOUT WE ARE ABLE TO BRING DOGS IN NOW.

OKAY. WHO IS GOING TO TELL ME THOSE DOGS HAVE BEEN VACCINATED? WHO IS GOING TO TELL ME THOSE DOGS ARE SAFE? THESE ARE THINGS WE HAVE TO RELAY ON A RENTAL AGENT WHO CAN'T TELL YOU WHERE SHE LIVES.

SHE LIVES IN PORT ST. LUCIE ONE TIME, SHE LIVES ON THE ISLAND ANOTHER TIME. WE HEARD IN THE PLANNING MEETING THAT THE PERSON WAS GOING TO BE LIVING ON THE PROPERTY.

NOW WE ARE BACK TO A RENTAL AGENCY.

[01:25:01]

I THINK IT IS OBVIOUS WHAT WE ARE TALKING ABOUT HERE IS A BUSINESS. OKAY? THIS IS A RENTAL BUSINESS. THIS IS A SINGLE FAMILY NEIGHBORHOOD. OKAY.

IF THEY ARE GOING TO RENT TO A SINGLE FAMILY, LESS THAN 30 DAYS, AND THEY'LL DO ALL THESE BACKGROUND CHECKS AND EVERYTHING, I DON'T KNOW HOW MUCH WE HAVE TO COMPLAIN ABOUT.

BUT QUITE HONESTLY, I HAVE BEEN TO AIRBNB'S, I KNOW WHAT HAPPENS, A GROUP OF PEOPLE RENT THEM TOGETHER BECAUSE THEY ARE EXPENSIVE. THEY CAN SAVE MONEY OVER BEING IN A HOTEL. THIS IS A 1700 SQUARE FOOT HOUSE. OKAY? IT IS NOT LARGE. OKAY? IF THERE IS GOING TO BE A LOT OF PEOPLE IN THE HOUSE, THAT WILL BE A SAFETY ISSUE AS WELL. I'M JUST CONCERNED.

I THINK IT IS GOING TO BE AN IMPACT ON FORT PIERCE POLICE.

THERE WILL BE A LOT OF PHONE CALLS IF THIS ISN'T BEING MANAGED CORRECTLY. I DON'T SOMEONE WITHOUT A CONTRACT WILL DO MUCH OF A JOB MANAGING THIS PROPERTY.

IT IS DIFFERENT THAN WHEN YOU ARE LOOKING AT A ROW OF RENTALS.

IT IS ALSO, YOU CAN'T MAKE EVERYBODY HAPPY.

SHE SAID, THAT IN HER AREA, YOU CAN'T MAKE EVERYBODY HAPPY.

THE POINT IS, THIS ISN'T A CONDOMINIUM.

>> THANK YOU, SIR. WHO IS NEXT?

>> WHO WOULD LIKE TO GO NEXT? >> MR. SWEENEY, CAN I SHARE

THESE? >> I HAVE NOT SEEN THEM.

>> SHE CAN PROCEED. >> I'M GLENDA COBBLE, I LIVE ON FABLE COURT. I HAVE BEEN SWORN IN.

I'LL READ MY LETTER I WROTE TO YOU.

I ASK THAT YOU VOTE NO ON THE CONDITIONAL USE FOR THE HOME AT 1577 THUMB POINT DRIVE. THE HOUSE HAS BEEN ADVERTISED.

IT WAS BOUGHT IN SEPTEMBER OF 2020 ON BRBO.

IT HAS HAD OVERNIGHT RENTERS. THIS WAS REPORTED TO CODE ENFORCEMENT. THE APPLICANT AFFIRMED THE HOUSE WOULD BE USED AS A PRINCIPAL RESIDENCE PURSUANT TO THE COVENANT IN THE MORTGAGE DOCUMENTS SEE ATTACHED.

I WILL READ IT. IT SAYS OCCUPANCY, BORROWER SHALL OCCUPY, ESTABLISH AND USE THE PROPERTY AS BORROWERS WITHIN 60 DAYS AFTER THE EXECUTION OF THE SECURITY INSTRUMENT AND SHALL CONTINUE AS BORROW EAR HE IS PRINCIPAL RESIDENCE FOR ONE YEAR AFTER THE DATE OF OCCUPANCY UNLESS LENDER OTHERWISE AGREES IN WRITING. IT SHALL NOT BE WITHHELD -- I'M SORRY I DON'T HAVE ANY GLASSES ON.

IT WAS SUPPOSED TO BE USED AS PRINCIPAL RESIDENCE.

THIS WAS SIGNED ON THE 21ST OF SEPTEMBER.

I AM ASKING THAT YOU -- EVEN THOUGH YOU MAY NOT BE ABLE TO CONSIDER THAT, I WOULD ASK YOU LOOK AT HONEST OF THIS, WHAT HAS BEEN SIGNED HERE BECAUSE THIS PERSON WAS RENTING ON AIRBNB ALMOST IMMEDIATELY AFTER THEY SIGNED THIS DOCUMENT, A LOAN DOCUMENT. THE OTHER ITEM IS THEY SAID THEY DON'T RENT TO FELONS, THERE IS NO WAY TO CHECK THAT.

THE ONLY PERSON WHO IS CHECKED IS THE PERSON WHO RENTS THE PROPERTY. THERE CAN BE 10 OTHER PEOPLE IN THERE AND THERE IS NO WAY TO CHECK WHO THEY ARE.

I RENT ON AIRBNB OFTEN. WE'VE HAD PREVIOUSLY THREE VEHICLES THERE THAT WAS REPORTED.

WE TOOK PICTURES. THEY HAVE NOW EXPANDED THIS TO MORE PARKING. I WOULDN'T EXPECT THAT THERE IS ONLY GOING TO BE TWO CARS THERE. WITH THAT, I CAN I HAVE SAID ALL

I NEED TO SAY. >> IF I MAY BRIEFLY, MADAM CLARK, I'LL REFER BACK TO THE RULES WE ESTABLISHED UNDER OUR RESOLUTION. SINCE MISS CALLCONTI SUBMITTED

[01:30:02]

DOCUMENTATIONS, ANY OTHER PERSON PRESENT WHO WISH TO SUBMIT RELEVANT INFORMATION SHALL SPEAK NEXT FOR A MAXIMUM OF THREE MINUTES EACH. MEMBERS OF THE PUBLIC TO PRESENT NON-EXPERT OPINION, THE PUBLIC SENTIMENT IS NOT RELEVANT.

HOWEVER, AS PART OF HER DISCUSSION, SHE DID SUBMIT THIS, I BELIEVE IT IS APPROPRIATE. I UNDERSTAND MRS. LONGARZO HAS OBJECTION, AS COUNCIL I HAVE THE ABILITY TO DECIDE WHAT RELEVANT EVIDENCE IS SUBMITTED, WHETHER YOU GIVE IT WEIGHT OR NOT, I THINK IT IS APPROPRIATE IT WAS SUBMITTED.

THAT CAN BE DISTRIBUTED TO ALL THE COMMISSIONERS.

THANK YOU. >> I HAVE A COPY HERE FOR

MRS. LONGARZO. >> THANK YOU.

NEXT, PLEASE. >> HELLO.

I'M TERRY SHAFFER. YES, I HAVE BEEN SWORN IN.

LIVE AT 1502 FABER COURT. FIRST, I THINK IT IS IMPORTANT TO KNOW WHO IS NEXT DOOR. THE OWNERS, WE DO GET TO KNOW.

THE RENTERS, WE WILL NOT. IN THE PLANNING BOARD WHICH I WAS PRESENT AND I'M SURE YOU HAVE ALL LISTENED TO THAT, THERE WAS A LOT OF MISINFORMATION, INFORMATION THAT WAS NOT GOING TO FLY HERE. MRS. LONGARZO COME UP AND SPOKEN TO YOU, SHE IS A PROPERTY MANAGER WITH NO CONTRACT, QUOTING HER, FOR MISS BAKER. YOU WILL NOT BE APPROVING THIS FOR MRSZ LONGARZO. YOU WILL BE APPROVING THIS FOR MISS BAKER WHO TOMORROW COULD FIRE MISS LONGARZO, YOU WILL BE APPROVING OR DISAPPROVING FOR MRS. BAKER, I THINK WE NEED TO CONCENTRATE ON THAT. I LIVE IN THUMB POINT.

IT WAS ESTABLISHED IN THE '50S. IT WAS ESTABLISHED AS A SINGLE FAMILY LOW DENSITY NEIGHBORHOOD. WE HAVE LIVED THERE SINCE THE MID '80S. WE LOVE IT.

IT IS QUIET. IT IS BEAUTIFUL.

WE ARE NOT A TRANSIENT COMMUNITY.

WE ARE NOT SET UP WITH SECURITY CAMERAS AS YOU HAVE IN OTHER COMMERCIAL AREAS WHERE COMMERCIAL ENTITIES TAKE PLACE.

WE ARE A SINGLE FAMILY NEIGH NEIGHBORHOOD, A LOW DENSITY NEIGHBORHOOD.

TO MY KNOWLEDGE, WE HAVE NO OTHER SHORT TERM RENTALS IN THUMB POINT. TO MY KNOWLEDGE, WE HAVE NO MULTIUSE HOMES IN THUMB POINT. SOMEONE CAN CHANGE THAT IF THEY FIND ME INCORRECT. I HAVE NOT SEEN ANY SINCE THE MID '80S. OUR NEIGHBORHOOD HAS SMALL STREETS. THIS MORNING IS A GOOD EXAMPLE, CHIP AND I WERE HEADING OUT TO THE INDIAN RIVER WHICH WE JUST GOT BACK. THERE IS A TRUE GREEN TRUCK SPRAYING THE YARDS, THERE IS A YARD MAN, THERE ARE A COUPLE OF GUYS DOING CONSTRUCTION. EVEN IS OUT WALKING THEIR KIDS, WALKING THEIR DOGS, WALKING THEMSELVES ON BICYCLES.

MY HUSBAND WAS GOING 10 MILES AN HOUR BECAUSE THAT'S ALL WE COULD DO. WE DON'T WANT PEOPLE IN THAT NEIGHBORHOOD THAT DO NOT UNDERSTAND OUR TRAFFIC PATTERNS, THE PATTERNS OF OUR NEIGHBORS. YES, IT DOES THREATEN THE SAFETY OF THESE NEIGHBORS. I LOVE AIRBNB, I RENT THEM ALL THE TIME. I THINK THEY ARE GREAT.

THEY DO NOT VET. THEY MAY VET ME, THEY HAVE NO IDEA WHO I BRING WITH ME. IF EVERY AIR BNB WAS LIKE ME THERE WOULD BE NO PROBLEM. I GO TO BED AT 9:00 AT NIGHT.

I'M AT 3 MINUTES? OUR QUALITY OF LIFE WILL BE THREATENED BY THIS AND OUR SAFETY.

I PLEASE ASK YOU TO VOTE NO. >> WHO IS NEXT?

>> I'M ROSS KRINDONTON. I'M SPEAKING ON BEHALF OF A

FAMILY WITH CHILDREN. >> WERE YOU SWORN IN?

>> I WAS ALREADY. >> ALL RIGHT.

SPEAK TO THE MAYOR AN COMMISSION.

>> I'M GLAD TO SEE YOU. THERE ARE PEOPLE WITH CHIN, THERE ARE PEOPLE WITH GRANDCHILDREN.

THERE ARE NO SIDEWALKS. OUR KIDS -- OUR GRANDKIDS RIDE THE STREETS, THEY SKATE BOARD. MY NEIGHBORS ALL KNOW THEM.

THAT'S FINE. THEY DRIVE CAREFULLY.

[01:35:03]

I'M CONCERNED ABOUT THE SAFETY WITH NEW PEOPLE COMING IN EVERY OTHER WEEKEND AND THE SAFETY OF MY GRANDCHILDREN AND THE CHILDREN ON THUMB POINT. I HOPE YOU'LL CONSIDER THAT.

>> THANK YOU, SIR. >> MY NAME IS ERVING SHAFFER.

THE ONE WHO SPOKE BEFORE IS MY WIFE AND I HAVE BEEN SWORN IN.

>> WELCOME. >> THANK YOU.

THE ONE THING -- A LOT OF US -- A LOT OF PEOPLE ARE LOSING SLEEP ABOUT THIS MESS. IT MAY NOT BE MUCH TO A LOT OF PEOPLE BUT I THINK IT IS IMPORTANT.

I DON'T KNOW WHY IT HASN'T MADE THE 6:00 NEWS.

IF I HAD A WAY TO DO IT, I WOULD FIND A WAY TO BRING IT.

IT IS AN ALLIANCE BETWEEN REAL ESTATE AND AIRBNB IN TALLAHASSEE. ONE OF THE MAIN THINGS I AM UNABLE TO HOIST ABOARD OR UNDERSTAND, WHAT IS THE SANCTITY OF THIS AIRBNB OF THIS CREATING LITTLE BIT HOTELS IN A RESIDENTIAL COMMUNITY? THAT'S ONE THING.

WE ARE NOT ALLOWED TO TALK ABOUT.

WHO IN THE HELL SAID YOU CAN'T DISCUSS THE MORALITY OF THIS IN RESIDENTIAL COMMUNITIES? I DON'T UNDERSTAND.

WE CAN TALK AROUND IT, WE CAN TALK ABOUT SAFETY, WE CAN TALK ABOUT TRAFFIC, WE CAN TALK ABOUT THIS.

WHY CAN'T WE TALK ABOUT NONE OF THESE PEOPLE WANT IT? WHY DOESN'T IT GET ON A BALLOT FOR COMMUNITIES? WHY IS THIS ALL OF A SUDDEN GOES THE WAY THE REAL ESTATE AND THE AIRBNB PEOPLE WANT, ALL THE RULES WILL COME DOWN OUT OF TALLAHASSEE THAT RULE THE MOST BASIC THING IN GOVERNMENT, CONTROL OF OUR DAY-TO-DAY LIVES AND WHERE WE LIVE.

THAT'S MY GENERAL STATEMENT. ON ANOTHER NOTE, SOMETHING HASN'T BEEN BROUGHT UP IS, WE KNOW ONE ANOTHER.

I HAVE LIVED IN THIS HOUSE WITH MY WIFE FOR 46 YEARS.

LOVE IT, LOVE IT. WE ALL HAVE SITUATIONAL AWARENESS OF ONE ANOTHER IN OUR NEIGH NEIGH NEIGHBORHOOD.

I KNOW A CAR I'LL SEE. I KNOW JEREMIAH, I KNOW HE BELONGS THERE. I KNOW HE IS NOT A STRANGE THAT MAY BE UP TO NO GOOD. WHEREVER WE GO TO THESE AIRBNB'S, I DON'T KNOW WHY WE AREN'T CALLING THEM ANYTHING BUT A HOTEL IN THE MIDDLE OF THE COMMUNITY.

THAT'S ALL THEY ARE. IT IS JUST A HOTEL.

I DON'T UNDERSTAND HOW THE THING CAN STAND.

IT IS NO GOOD FOR LOCAL COMMUNITIES.

NOW, I'M AN AIRBNB BELIEVER, THEY BELONG ON A1A OR IN PEOPLE SAY WE WANT THEM.F THE - IF YOU ASK THESE PEOPLE TO STAND UP, HOW MANY ARE SUPPORTING A -- AIR BNB ARE AGAINST IT, I'M AFRAID OF SECURITY, I DON'T KNOW WHO TO SEPARATE THE GOOD GUYS.

RIGHT NOW, PROFESSIONAL THIEVES KNOW WE HAVE A GOOD TIGHT COMMUNITY. AS SOON AS YOU GET AIRBNB, PEOPLE WALKING IN AND OUT, ANYBODY FEEL SAFE -- THANK YOU

ALL. >> ANYONE ELSE? ANYONE ELSE WISHING TO ADDRESS THE COMMISSION? ANYONE ELSE? Y

YES? >> I NEED TO BE SWORN IN.

>> RAISE YOUR RIGHT HAND. DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH?

THANK YOU. >> MY NAME IS JONATHAN JOSEPH.

I WOULD LIKE TO MAKE A COUPLE OF COMMENTS AS I SIT HERE

LISTENING -- >> SAY YOUR ADDRESS, PLEASE.

I'M SORRY TO INTERRUPT. >> 1601 SOUTHEAST NORTH BLACKWELL DRIVE, PORT ST. LUCIE. I ALSO OWN A PROPERTY ON 1801 GLOVER AVENUE HERE IN FORT PIERCE.

AS I SIT HERE LISTENING TO WHAT APPEARS TO BE FEAR DRIVEN COMMENTS ON HOW HOMEOWNERS CAN VIOLATE OTHER HOMEOWNERS PROPERTY RIGHTS, COMPLAIN ABOUT SAFETY ISSUES AND REGULATIONS WHEN RIGHT NOW REGISTERED OFFENDERS LIVING AMONGST US.

[01:40:05]

I CHALLENGE ANYONE IN THIS ROOM RIGHT NOW TO GO TO THE SEX OFFENDER WEBSITE HELD BY THE ST. LUCIE SHERIFF DEPARTMENT AND LOOK AND SEE WHO IS LIVING AMONG YOU RIGHT NOW IN THIS MINUTE.

THE IDEA THAT SOMEONE COMING TO TAKE AN AIRBNB OR BRBO FOR SEVEN DAYS WITH THEIR TWO KIDS, THE IDEA THAT SOMEHOW THIS IS GOING TO PRESENT A SAFETY SITUATION FOR THE LOCAL COMMUNITY IS IN MY OPINION RIDICULOUS. I DON'T KNOW SUSAN BAKER PERSONALLY. BUT I DO KNOW MICHELLE LONGARZO.

I CAN TELL YOU SHE RUNS A PRISTINE AND EFFICIENT OPERATION. I'VE HAD THE PLEASURE OF STAYING IN ONE OF HER PROPERTIES. I UNDERSTAND PEOPLE'S FEAR AND CONCERN ABOUT CHANGE. THINGS ARE CHANGING.

THE WHOLE ISLAND IS CHANGING. YOU HAVE APPROVED THINGS LIKE THE SCOOTERS. THIS IS A MODERN THING WHERE YOU CAN HAVE THESE SCOOTERS AND PEOPLE CAN ENJOY WHAT THE ISLAND HAS TO OFFER. I JUST WANT TO KIND OF ADVOCATE FOR MICHELLE AND FOR MRS. BAKER, BECAUSE I JUST HEAR SO MUCH FEAR. AND THEN THE HYPOCRISY WHERE PEOPLE HAVE THE AUDACITY TO STAND AND SAY, I RENT AIRBNBS BUT THE IDEA OF HAVING ONE IN MY NEIGHBORHOOD IS UTTERLY OFFENSIVE. WELL, THEN, BY DEFINITION YOU ARE MAKING YOURSELF A HYPOCRITE BECAUSE YOU CAN GO INTO SOMEBODY ELSE'S NEIGHBORHOOD AND YOU BEHAVE, YOU GO TO THE BEACH OR YOU DO WHATEVER IT IS YOU ARE DOING IN THE PRIVACY OF THE HOME YOU ARE RENTING WHETHER IT IS FOR SIX MONTHS, 12 MONTHS OR SEVEN DAYS, WHATEVER IT IS YOU ARE DOING IN THE HOME IS YOUR BUS BUSINESS.

IT IS NOT EVERYONE'S BUSINESS. I WANT TO KNOW MY NEIGHBORS.

THAT'S NICE IF YOU DON'T KNOW THEM, YOU DON'T KNOW THEM.

>> THANK YOU, SIR. >> NEXT?

WHO IS NEXT? >> HELLO.

I'M DR. CHRISTY 1578 THUMB POINT DRIVE.

>> WHAT IS YOUR FIRST NAME? >> CHRISTY?

. >> YOU ASKED, ARE THE PEOPLE ACROSS FROM MRS. BAKER HAPPY, THE ANSWER IS YES.

I PURCHASED THE LOT ACROSS THE STREET.

I AM THE ONLY ONE WHO HAS SPOKEN DIRECTLY ACROSS THE STREET.

I HAVE A DOUBLE LOT SO I SEE EVERYTHING THAT HAPPENS THERE.

FIRST OFF, I AM FOR HER HAVING AN AIRBNB.

I DON'T CARE HOW MANY CARS SHE HAS IN THE DRIVEWAY, IT DOESN'T BOTHER ME. IF THE TRASH CANS ARE OUT, I'LL BRING THEM IN. AS A CLINICAL PSYCHOLOGIST, I NOTICED A FEW THINGS. CRIME WON'T GO UP.

IF YOU GIVE YOUR DRIVER'S LICENSE AND YOUR CREDIT CARD AND I.D. TO A COMPANY, YOU ARE LESS LIKELY TO BURGLARIZE THE HOME AND SOMEBODY YOU ARE BUSINESSING AND SOMEWHERE YOU ARE RENTING, THEY HAVE YOUR INFORMATION. WE HAVE SEVERAL POLICE OFFICERS WHO LIVE RIGHT DOWN THE STREET THAT FREQUENT UP AND DOWN, CONSISTENTLY IN FRONT OF MRS. BAKER'S HOME AND MINE.

ALSO, STAYING ONE TO TWO NIGHTS IS NOT COST PROHIBITIVE.

YOU WON'T SEE A CHEAP HOTEL OR CHEAP MOTEL TURNOVER.

IT IS 70 DAYS OR MORE. IT IS TOO COST PROHIBITIVE.

WE'LL BRING REVENUE TO THE BUSINESSES HIT BY COVID.

I MYSELF BOUGHT THE HOUSE WHEN I SPENT TWO WEEKS HERE.

THAT'S HOW I DID IT. I WENT TO MANATEE.

I HAD A BEAUTIFUL LUNCH. I THOUGHT THIS IS A GREAT PROPERTY FOR ME. THESE PEOPLE COMING AND STAYING WILL SEE HOUSES FOR SALE AND PROBABLY COME INTO THE COMMUNITY. ALSO I NEED MY GLASSES, I'M TOO OLD. BESIDES BRINGING REVENUE AS NEIGHBORS, WE CAN SEE EACH OTHER AND I'M DIRECTLY ACROSS THE STREET, I'M AVAILABLE TO HELP HER IF SHE NEEDS SOMETHING.

IF I SEE SOMETHING, I'LL SAY SOMETHING.

I'M HERE TO SUPPORT HER. I THINK SHE SHOULD HAVE A SHOT AT HAVING HER OWN PIECE OF PARADISE AS WELL.

[01:45:06]

THAT'S ALL I HAVE. WHO IS NEXT?

>> GOOD EVENING. MY NAME IS LARRY WINTER, 1533 CREST VIEW DRIVE. I HAVE BEEN SWORN IN.

GOOD EVENING, MADAM MAYOR. YOU HAVE HEARD FROM NEIGHBORS SAYING WHY THEY THINK YOU SHOULD NOT PASS THIS MOTION.

MOST WAS BASED ON FEAR AND NOT STATE LAW.

I WANT TO GIVE YOU FOUR POINTS OF FLORIDA COURT RULINGS SUPPORTING THIS CONDITIONAL USE PERMIT.

TONIGHT SOME OF THE NEIGHBORS WILL SAY FOR POINT NUMBER ONE, THE CITY SHOULD REGULATE VACATION RENTALS.

LISTEN TO THE ATTORNEY GENERAL FOR THE STATE OF FLORIDA.

THE ATTORNEY GENERAL GAVE AN OPINION SIMILAR TO THIS THAT THE CITY IN RELATION TO VACATION RENTALS, ZONING MAY NOT BE PROHI PROHIBITED -- EXCUSE ME, ZONING MAY NOT BE USED TO PROHIBIT RENTAL AS OTHERWISE ALLOWED.

MICHELLE MENTIONED ANOTHER POINT FROM THE ATTORNEY GENERAL, SOME OF THE NEIGHBORS WILL SAY CHANGE THE ORDINANCES, WE ARE DIFFERENT. I WOULD SAY LISTEN TO THE FLORIDA ATTORNEY GENERAL, THE ATTORNEY GENERAL GAVE A LEGAL OPINION TO FLAGLER COUNTY, FLORIDA, THE OPINION STATED A LOCAL ZONING ORDINANCE FOR SINGLE FAMILY HOMES EXISTING ON OR BEFORE JUNE 1, 2011 THAT DID NOT RESTRICT THE RENTAL OF SUCH PROPERTY CANNOT NOW BE INTERPRETED TO DO SO.

IF YOU DIDN'T HAVE IT, WE ALL KNOW THIS FROM 2011, YOU CAN'T DO THAT. THE OTHER THING WE HEARD TODAY HERE IS, NEIGHBORS HAVE GOTTEN EMOTIONAL SAYING THIS IS A HOTEL. THE FLORIDA FIRST COURT OF APPEALS DISAGREES. THE COURT RULED RENTING A DWELLING PLACE IS NOT CONDUCTING A BUSINESS.

THE LENGTH OF THE STAY IS INCONSEQUENTIAL.

THE STATE SAID RENTING FOR SLEEPING AND EATING IS RESIDENTIAL, AS LONG AS SHE IS JUST RENTING IT AND PEOPLE ARE SLEEPING AND EATING THERE, SHE IS FINE.

EVEN ON THE FLORIDA BAR ASSOCIATION WEBSITE, THERE ARE SEVERAL REFERENCES TO AIR BNB COURT RULINGS.

THESE RULINGS HIGHLIGHT THE COURT'S PREFERENCE TO FOCUS ON THE NATURE OF USE INSTEAD OF ITS FREQUENCY.

LAST THING THAT IS VERY IMPO IMPORTANT. THE COMMISSION CAN ONLY DO WHAT CITY LAW ALLOWS, NOT WHAT THE COMMISSION THINKS OF THIS NEIGHBORHOOD. IT IS CRUCIAL THE COMMISSION TREAT ALL APPLICANTS AND ALL NEIGHBORHOODS THE SAME.

THIS APPLICANT HAS DONE ALL THE APPROPRIATE STEPS TO OBTAIN A CONDITIONAL USE PERMIT AS OUTLINED.

I WOULD HATE TO BE IN YOUR SHOES.

IT IS A BAD NIGHT TO BE A CITY COMMISSIONER BECAUSE YOU HAVE TO GO AGAINST THE EMOTION OF THE PEOPLE VERSUS THE LAW.

>> THANK YOU. Y

YES? >> MY NAME IS CLARENCE JONES, I

11 AT 1117 FERNIDINA DRIVE. >> WERE YOU SWORN IN?

>> YES. >> THANK YOU.

>> I WOULD LIKE TO TAKE THIS TIME TO THANK ALL THE COMMISSIONER, THE MAYOR, THE POLICE OFFICERS, EVERYBODY THAT WORKS FOR THE CITY, THIS TIME WE ARE GOING THROUGH, THAT YOU HAVE SERVED. I APPRECIATE ALL OF YOU.

I CAME TO FORT PIERCE IN 2005. I RENTED A PLACE.

THAT'S HOW I FOUND THIS PLACE, FORT PIERCE.

NOW I LIVE IN A 5800 SQUARE HOUSE, IT IS NOT AN AIRBNB BUT I HAVE THOUGHT ABOUT IT BECAUSE I COULD PROBABLY RENT IT FOR 20, 25 THOUSAND DOLLARS A WEEKEND. FORCE PIERCE HAS CHANGED A LOT SINCE I HAVE BEEN HERE. WE HAVE SCOOTERS.

YOU GET MORE SCOOTERS THAN ON AIRBNB.

TIMES HAVE CHANGED. THE CITY HAS CHANGED.

[01:50:02]

IT IS TIME TO GO WITH THE CHANGES BECAUSE IT CAUSES REVENUE, IT BRINGS PEOPLE TO THE CITY LIKE ME.

I BOUGHT BECAUSE I RENTED HERE FIRST.

YOU HAVE HEARD A BUNCH ABOUT EVERYBODY ELSE, WHAT THEY THINK, THE LAW, IT IS A TOUGH DECISION TO MAKE BECAUSE ONE STARTS, THEN THERE IS ANOTHER. I BELIEVE I HAVE A BAD NEIGHBOR AND I DON'T LIKE HIM. HE DOESN'T LIKE ME.

IT IS THE SAME THING WITH THE RENTER.

THERE ARE GOOD RENTERS, THERE ARE BAD RENTERS, THERE ARE GOOD NEIGHBORS, THERE ARE BAD NEIGHBORS.

EVERYBODY IN THIS ROOM PROBABLY HAS A NEIGHBOR THEY DON'T GET ALONG WITH. THE SAME THING WITH THE RENTERS.

I APPRECIATE YOU TAKING TIME TO LISTEN TO ME.

>> ANYONE ELSE? ANYONE ELSE?

>> I HAVE TWO. >> OKAY.

THANK YOU. >> MY NAME IS TODD STEPHIS.

I LIVE IN THUMB POINT. >> WERE YOU SWORN IN?

>> I WAS SWORN IN, THANK YOU. >> WE HAVE LIVED IN OUR HOUSE FOR ABOUT THREE YEARS. WE CAME TO FORCE PIERCE AFTER RETIRING OUTSIDE PHILADELPHIA. WE STAYED AFTER RENTING WITH FRIENDS AND WERE STAYING A MONTH AT A TIME.

LOVED THE PLACE. LOVED THE LOCATION AND APPRECIATE WHAT YOU AND MAYOR AND COUNCIL WHAT IT IS DOING FOR THE COMMUNITY. IT IS GROWING, IT IS FANTASTIC.

I AS A HOMEOWNER ASK THAT YOU DENY THIS TO PROTECT THE LOCAL HOMEOWNERS RIGHTS. I SAY RIGHTS BECAUSE I'M NOT SURE WHAT THE ACTUALLY POINT IS. I'M NOT AN ATTORNEY.

A FEW THINGS I HAVE HEARD TONIGHT.

FIRST, I THOUGHT MANY OF THE COMMENTS OF MISS LONGARZO WERE DISINGENUOUS. I THOUGHT IT WAS INTERESTING THAT A CLINICAL PSYCHOLOGIST, I FAIL TO SEE WHAT A PSYCHOLOGIST HAS TO TELL YOU ABOUT SAFETY. I DON'T SEE THAT SHE IS AN EXPERT. I DON'T KNOW THAT SHE PRESENTED ITSELF THAT WAY BUT SLIGHTLY VERBALLY WHICH WAS STRANGE.

I PICKED UP ON THE FACT THAT SHE SAID WE ARE GOING TO BE BRINGING ADDITIONAL REVENUE AND THINGS. AS A SUPPORTER, MY SENSE IS, I DON'T KNOW THIS FOR A FACT, SHE IS LIKELY TO BE PROVIDING A PROPOSAL TO RENT AS AN AIR BNB AS SOON AS YOU APPROVE THIS ONE.

I THINK IT IS INTERESTING -- YOU HAVE PRECEDENT ARE WHERE COCONUT COVE, WHICH IS AN 18-UNIT FACILITY.

THEIR RULES THERE IS THAT THEIR OWNERS CAN ONLY RULE THREE MONTHS AT A TIME TO RENTERS. MY UNDERSTANDING IN HAVING BEEN, HAVING SPENT TIME IN A FEW OTHER PLACES, IT IS 30 DAYS, ONE MONTH MINIMAL RENTAL. IT IS REASONABLE, IT IS TERRIFIC. AT THE END OF THE DAY, I DON'T KNOW I HAVE ANYTHING LEGAL TO SAY, I ASK THE COMMITTEE WOULD -- THE COMMISSIONERS WOULD CAREFULLY THINK ABOUT THE PRECEDENT THEY'LL SET HERE BECAUSE IT IS OBVIOUS THIS IS JUST A SLIPPERY SLOPE THAT IS READY TO SLIDE.

THANK YOU VERY MUCH. >> THANK YOU, SIR.

ANYONE ELSE? >> I SEE NO ONE.

WOULD YOU APPLICANT LIKE TO COME BACK? YOU WANT TO READ THE TWO FIRST. EXCUSE ME.

SHE'LL READ TWO. NO, SIR.

>> THESE WERE SWORN STATEMENTS RECEIVED BY E-MAIL.

>> YOU ARE TIMING YOURSELF, MISS COX?

>> THAT IS PART OF THE RULES OF SUBMITTING IT ONLINE.

YES, I AM. THIS IS GARY HICKMAN OF 5060 THUMB POINT DRIVE. WE ARE OPPOSED TO ISSUING A CONDITIONAL USE VARIANT TO THE OWNERS OF 1577 THUMB POINT DRIVE, VACATION RENTALS OF 30 DAYS OR LESS IS INCONSISTENT WITH THE NEIGHBORHOOD, THE PROPERTY AT 1577 THUMB POINT DRIVE IS AT THE CORNER OF FERNIDINA AND THUMB POINT AND GIVE FIRST IMPRESSION OF THUMB POINT AND MAY DRIVE DOWN PROPERTY VALUES. WE UNDERSTAND THERE ARE OTHER VARIANTS UNDER CONSIDERATION IN THE NEIGHBORHOOD.

WE ARE OPPOSED TO THEM AS WELL. THIS IS NOT A SHORT TERM RENTAL

[01:55:03]

NEIGHBORHOOD AND SHOULD NOT BECOME ONE.

THE REASON OF SECURITY, TRAFFIC CONGESTION, ANNOYING BEHAVIOR.

WE ARE ADAMANTLY OPPOSED. I RECEIVED ONE FROM DANIEL MCCORMICK OF 323 LEEWARD LANE, APARTMENT 204, I BELIEVE A ONE MONTH RENTAL PERIOD IS TOO SHORT.

IN KEEPING WITH THE RULES WE HAVE WITHIN THE COMMUNITY WHERE I RESIDE, I WOULD SUPPORT A THREE MONTH RENTAL PERIOD.

I BELIEVE A THREE MONTH RENTAL PERIOD WOULD BE IN HARMONY WITH THE COL NADES BUT THE SURROUNDING NEIGHBORHOOD.

THAT'S ALL I HAVE. >> NOW, TIME FOR REBUTTAL, WHAT IS THE TIMING ON THE REBUTTAL, MISS COX?

>> LET'S SEE HERE. THREE MINUTES.

>> YOU HAVE THREE MINUTES FOR REBUTTAL.

>> CAN YOU GIVE ME A SECOND TO COMPOSE MYSELF?

>> SURE. THAT IS A LOT OF REBUTTAL.

>> ARE TWO PEOPLE SPEAKING? >> SHE JUST WANTS TO BE PRESENT.

SHE IS MRS. BAKER. >> OKAY.

>> MICHELLE LONGARZO, 1715 ISLAND DRIVE, HUTCHINSON ISLAND, FLORIDA. FIRST, I WOULD LIKE TO THANK EVERYBODY WHO CAME FORWARD OPPOSED AND FOR US.

I UNDERSTAND EVERYONE'S POSITION.

I WANT TO ADDRESS ALL OF THE THINGS I TOOK NOTES ON.

FOR ONE, PROPERTY VALUES DO NOT GO DOWN.

SINCE I HAVE PURCHASED OUR CONDOS, WE HAVE THREE OF THEM, WE CAN'T EVEN TOUCH THEM FOR THE PRICE WE HAVE PAID.

THEY HAVE GONE UP. AS I HAVE SPOKEN TO ONE OF THE COMMISSIONERS, THE ACTUAL, YOU KNOW, PERMIT RAISES THE ABILITY TO SELL IT. WE DON'T HAVE ANY INTENTION OF SELLING ANY OF OURS. THAT IS NOT HAPPENING.

ANYWAY, ANYBODY THAT WANTS RESTRICTIONS, THEY SHOULD LIVE IN AN HOA. MOST HOA'S DO HAVE THAT THREE MONTH REQUIREMENT OR WHATEVER THE CASE MAY BE.

AS WE STATED BEFORE, MRS. BAKER HAS THE RIGHT, SHE HAS PROPERTY RIGHTS AS STATED BY MR. WINTERS AND MYSELF THAT THEY HAVE THE -- SHE HAS THE RIGHT. AS FAR AS, YOU KNOW, DOING BACKGROUND CHECKS, EVEN FORCE PIERCE POLICE DOES NOT DO A BACKGROUND CHECK WITHOUT PROBABLE CAUSE.

IT IS NOT HOW THE WORLD WORKS. WE DO THE BEST WE CAN TO MAKE SURE PEOPLE ARE PROPERLY VETTED, OKAY? AS FAR AS A CONTRACT WITH ME. I DON'T NEED CONTRACTS.

I HAVE CLIENTS OF OVER THREE YEARS, I DON'T HAVE A CONTRACT WITH EITHER OF THEM. OKAY? MY WORK SPEAKS FOR ITSELF. AS MR. JOSEPH SPOKE ABOUT ME PERSONALLY. WITH REGARDS TO DOGS, YOU DON'T KNOW IF ANY DOG ON THE STREET IS VACCINATED.

AS FAR AS SKATE BOARDING ON THE STREET BECAUSE YOU KNOW THE CHILDREN, I TREAT EVERY CHILD WHETHER I KNOW THEM OR I DON'T KNOW THEM WITH UTTER RESPECT. IT IS EVERYBODY'S RESPONSIBILITY TO LOOK AFTER ANYBODY'S CHILD, MR. IT IS MRS. BAKER'S CHILD THAT VISITS OR ANYBODY ELSE. AS FAR AS PEOPLE SAYINGS IT IS OKAY FOR AN AIR BNB TO BE SOMEWHERE ELSE BUT IN THIS COMMUNITY, THAT IS LUDICROUS. I UNDERSTAND BOTH POSITIONS.

I STAND BEFORE COMMISSIONERS STATING THIS IS A LEGAL PERMIT.

SHE IS THE RIGHT TO DO IT. SHE IS WITHIN THE LAW.

WE FOLLOWED THE GUIDELINES. MRS. HOFMEISTER HAS GONE THROUGH THE PROCESS WITH EVERY BOARD TO MAKE SURE IT WAS OKAY.

AS FAR AS THE DRIVEWAY BEING CIRCULAR, THAT WAS BECAUSE OF FLOODING. IT WAS RECOMMENDED BY THE CITY TO HELP WITH FLOODING ISSUES. AS FAR AS THE LOAN, SHE IS WELL WITHIN HER RIGHTS AS WELL. I MEAN, SHE LIVED IN THE PROPERTY FOR 60 DAYS WHICH IS REQUIRED BY THE VA LAW.

DO YOU HAVE ANY QUESTIONS? >> DO YOU HAVE ANY QUESTIONS OF THE APPLICANT? NO, MA'AM.

THANK YOU. THANK YOU VERY MUCH.

>> THE PUBLIC HEARING IS CLOSED. I'LL ENTERTAIN DISCUSSION.

[02:00:06]

I'D LIKE TO START OUT SAYING A LOT HAS BEEN TALKED ABOUT ABOUT WHAT IS HAPPENING IN TALLAHASSEE AND WHAT TALLAHASSEE HAS DONE TO IF YOU ARE FRUSTRATED, YOU CAN IMAGINE HOW FRUSTRATED WE ARE.

WHAT I WOULD LIKE I DON'T ASK YOU TO DO IS TO HELP ME AND HELP THE CITY, IF YOU HAVE DEFINITE IDEAS ABOUT WHAT -- WHERE VACATION RENTALS SHOULD BE YOU NEED TO CONTACT STATE REPRESENT ACTIVES FOR EVERYBODY WHO IS IN FORT PIERCE.

THAT'S DANA. YOUR STATE SENATOR IS GAYLE HERALD. SHE IS NOT NEW.

SHE LIVES IN STUART. I WOULD HOPE SHE WOULD LISTEN TO YOU. THIS VERY SAME BATTLE IS BEING WAGED IN TALLAHASSEE AS WE S SPEAK.

RIGHT NOW, THE PREVAILING FEELING IS YOU CANNOT LIMIT THESE -- YOU CANNOT LIMIT SHORT TERM RENTALS BY ZONING, THAT IS THE LAW RIGHT NOW. YOU CANNOT LIMIT THEM BY DURATION OR BY FREQUENCY. THAT IS THE LAW RIGHT NOW.

I HAVE HEARD A LOT ABOUT THAT. A LOT OF FRUSTRATION.

I KNOW YOU ARE FRUSTRATED. WE ARE FRUSTRATED TOO BECAUSE WE HAVE TO FACE THIS WITH WHAT WE CONSIDER TO BE RESIDENTIAL NEIGHBORHOODS THAT DON'T WANT WHAT SOME CALL THE HOTEL NEXT DOOR. THIS BATTLE IS BEING WAGED ALL OVER THE STATE OF FLORIDA AND IN THE STATE LEGISLATURE.

GENTLEMEN? MR. PERONA? I WISH I HAD A TIME MACHINE AND TO GO BACK TO 2000 AND WE COULD HAVE ADDED OUR R-2 TO THE CODE. NOBODY REALLY THOUGHT ABOUT HOW THIS WOULD GENERATE SO MANY PROBLEMS THAT GO INTO NEIGHBORHOODS. THE PEOPLE THAT SPOKE HERE TODAY ARE BASICALLY COMMISSIONERS JOHNSON AND THE MAYOR AND MYSELF, WE ARE NEIGHBORS. WE ALL LIVE IN THE SAME AREA.

I'M ON CYPRESS AND THUMB POINT. WE HAVE THE SAME THINGS HAPPENING TO US. WE UNDERSTAND PERFECTLY.

FROM PLANNING PERSPECTIVE, IF WE WERE GOING TO CREATE FORCE PIERCE RIGHT NOW, LET'S SAY WE DISCOVERED WE HAD AN ISLAND AND WE WOULD MAKE IT AVAILABLE FOR SHORT TERM RENTAL.

WE WOULD PUT IN THE INFRASTRUCTURE AND EVERYTHING ELSE TO ACCOMMODATE, IT WOULD NOT LOOK LIKE ANYTHING WE HAVE IN OUR 50-YEAR-OLD NEIGHBORHOODS THAT ARE IN THERE NOW.

WE KNOW THAT. I WOULD LOVE TO STAND UP AND SAY THIS DOESN'T MAKE SENSE. I HAVE 57 REASONS I HEARD TONIGHT WHY THIS SHOULDN'T HAPPEN.

YOU KNOW, FOR THE MOST PART IN THESE NEIGHBORHOODS, I TOTALLY AGREE WITH THAT. UNFORTUNATELY, THAT GUY RIGHT THERE WILL TELL ME TONIGHT, BECAUSE I'LL ASK HIM IN A MINUTE, TO GO THROUGH THE SUBSTANTIAL EVIDENCE TO TELL ME WHAT WE HEARD TONIGHT BASICALLY IS THERE ANYTHING THERE THAT WE CAN REALLY DISCUSS AND USE AS A REASON, A LEGAL REASON TO SAY THIS IS NOT -- IT IS NOT GOOD FOR THE HEALTH, WELFARE AND SAFETY OF OUR CITIZENS. THERE IS A LOT OF PERCEPTION OUT THERE. I HEARD A LOT OF PERCEPTION.

YOU KNOW WHAT, SOME WILL COME TRUE, UNFORTUNATELY.

I WOULD LIKE TO ASK OUR LEGAL DEPARTMENT, I TOLD THEM I WOULD ASK THEM BEFORE WE GOT HERE, SO WE SOUND LIKE WE ARE PREPARED IT IS BECAUSE I KNEW THIS WOULD BE IMPORTANT ENOUGH.

I SAID, PETE, I'LL CALL YOU TO TALK ABOUT SUBSTANTIAL EVIDENCE AND WHAT WE ARE HELD TO TODAY AS COMMISSIONERS.

>> ABSOLUTELY. MADAM MAYOR, COMMISSIONERS, IF YOU GIVE ME ONE MINUTE, I'LL HAVE MS. HOFMEISTER PULL UP, WHAT I'M PULLING UP IS OUR RESOLUTION THIS CITY COUNCIL PASSED IN 2019. IT IS THE RESOLUTION THAT GOVERNS QUASI JUDICIAL HEARINGS ARE CONDUCTED.

1 19-R 35.

[02:05:02]

HEARINGS, PROCEDURES AND FOR EX PARTE.

WE FOLLOW THIS TO THE LAW BECAUSE IT IS BASED ON LAW.

IT HAS BEEN GOING ON FOR FIVE YEARS.

THIS WAS THE NEWEST ITERATION. THE PART I WANT TO TAKE YOU TO, THIS IS ALL PUBLIC RECORD OBVIOUSLY.

IF YOU GO TO PAGE 4, PLEASE. IF YOU'LL GO TO -- KEEP GOING DOWN. STANDARD OF PROOF.

THE DECISION OF THE CITY COUNCIL TO APPROVE, DENY OR MODIFY SHOULD BE BASED ON COMPETENT SUBSTANTIAL EVIDENCE TO ESTABLISH BASIS FOR WHICH THE FACT AT ISSUE CAN BE INFERRED.

IT INCLUDES EVIDENCE OFFERED BY AN EXPERT THAT IS RELEVANT TO THE ISSUES TO BE DECIDED. IT IS EVIDENCE A REASONABLE MIND COULD ACCEPT AS HAVING PROBATIVE WEIGHT TO SUPPORT A LEGAL CONCLUSION. HYPOTHETICAL, SPECULATIVE, FEAR OR EMOTION BASED GENERALIZED STATEMENTS THAT DO NOT ADDRESS THE RELEVANT ISSUES AND CANNOT BE SAID TO SUPPORT ARE NOT COMPETENT SUBSTANTIAL EVIDENCE. THAT IS THE LAW IN THE STATE OF FLORIDA. AS MADAM MAYOR INDICATED, NOT ONLY IS THIS CREATED BY OUR COURT SYSTEM AND WHAT WE ARE REQUIRED TO FOLLOW, BUT IN CONJUNCTION WITH THE LEGISLATIVE PRIORITIES, THIS IS WHAT WE HAVE TO FOLLOW, BASED ON THE LAW IN FLORIDA. AGAIN, THIS IS OUR STANDARD.

>> COMMISSIONER PERONA? >> IF I RECALL -- BECAUSE THIS HAPPENED BEFORE, IT IS AN UNCOMFORTABLE WHEN WE HAVE THIS, AND WE HAVE PEOPLE WHO WANT TO COME AND DEFEND THEIR NEIGHBORHOODS. WE HAVE CREATED A TASK FORCE AND THE THINGS WE CAN DO. IF WE CAN'T STOP THEM, WE CAN CONTROL SOME OF IT. WE CAN CONTROL SOME OF IT BY POSSIBLY PASS ING RULES AND REGULATIONS, MAYBE A BUSINESS TAX RECEIPT, A LICENSE OR SOMETHING LIKE THAT, THAT WILL HELP WITH THE FUND, BEING ABLE TO ENFORCE THE REGULATIONS WE SET FORTH, WHEN IT COMES TO NOISE AND WHEN IT COMES TO ISSUES. WE HAVE CODES ALREADY EXISTING.

THAT'S WHAT THE DEFENSE WILL BE IF WE GET SUED ON SOMETHING LIKE THIS. THEY SAY THE CITY OF FORCE PIERCE HAS SOMETHING THERE, IT BECOMES A QUESTION OF ENFORCEMENT. WE SHOULD LOOK TO WAYS WE CAN GET FUNDING FROM LICENSES FOR SHORT TERM RENTALS, TO HELP THIS WITH THEM. ESPECIALLY -- THESE ARE WAYS WE CAN GET INVOLVED, WE CAN GO AHEAD AND DO THIS.

WHEN IS THAT TASK FORCE UPDATE? >> WE HAVE AN UPDATE THE SECOND

WEEK OF APRIL. >> I'M UNCOMFORTABLE TONIGHT.

I'LL SHARE WITH THIS AND HAVING A NEW MEMBER HERE.

AS A NEW MEMBER, THERE WAS A SIMILAR SITUATION WHEN I WAS A NEW MEMBER OF THE COMMISSION. IT DIDN'T MAKE ANY SENSE TO ME.

WE LED THE CHARGE AND WE DENIED IT.

THE CITY WAS SUED FOR 1.5 MILLION DOLLARS.

I WAS SUED PERSONALLY FOR ONE MILLION DOLLARS.

WE FOUGHT THAT FOR TWO YEARS. PART OF OUR JOB IS TO TRY TO KEEP THE CITY OF FORCE PIERCE, AT LEAST WHEN IT IS OBVIOUSLY WE'LL END UP IN LITIGATION, TRY TO AVOID IT, TRY TO WORK IT OUT, TRY TO DO WHAT WE ARE SUPPOSED TO DO.

UNFORTUNATELY, THE STATE OF FLORIDA HAS TAKEN AWAY OUR HOME RULE ON THIS ONE AS FAR AS I'M CONCERNED.

IF I COULD, INSURANCES, THAT WAS INTERESTING TO ME.

THE MANAGER NOT LIVING HERE, THAT IS ST. LUCIE COUNTY.

[02:10:05]

I WROTE DOWN WELL OVER 50 REASONS, I'M TRYING TO FIND ONE THAT WOULD ECHO IN THE COMPETENT SUBSTANTIAL EVIDENCE.

I'M TELLING YOU, I'M HAVING TROUBLE FINDING ONE THAT DOES.

>> MADAM MAYOR, I DON'T WANT TO PRESUPPOSE ANYTHING BEFORE YOUR DELIBERATION, I ASK THAT YOU EVALUATE IT BASED ON THE DEFINITION YOU HAVE IN FRONT OF YOU.

YOU ARE THE JUDGE HERE, IT IS A DIFFICULT TASK, ABSOLUTELY.

>> COMMISSIONER J. JOHNSON? GO AHEAD?

>> ARE YOU READY? >> GO AHEAD.

>> THANK YOU, MAYOR. IT IS TOUGH.

WE'VE HEARD A LOT OF ITEMS TONIGHT.

WE HAVE TO RULE BASED ON WHAT WE HAVE HEARD.

I WROTE DOWN A LOT OF THINGS. I WROTE DOWN MANY THINGS.

A COUPLE OF THINGS TO LIFE, IT STOOD OFF ON MY PAGE, A COUPLE OF QUESTIONS I HAD ASKED. IT IS RELATED TO THE THINGS WE HAD RULED ON BEFORE AND HOW WE HAVE TALKED ABOUT PEDESTRIAN CONNECTIVITY. BEING PART OF THIS.

IF WE WERE TO DESIGN THIS NEIGHBORHOOD WITH SHORT TERM RENTAL OR A DIFFERENT ASPECT, IT WOULD NOT LOOK THE WAY IT LOOKS.

IT WOULD NOT. A COUPLE OF THINGS I WILL PROPOSE IN DISCUSSION AND JUST HAVE TO LET IT MARINATE FOR A FEW MINUTES. YOU KNOW WHERE MY ENGINEERING BRAIN GOES. THIS PROPERTY AND WHY I LIKE THE CONDITIONAL USE PROCESS, WHY IT IS SO GOOD -- AND I WANT TO GO ON THE RECORD ON WHY IT IS SO GOOD BECAUSE THE STATE DOESN'T CARE WHAT WE THINK. MAYBE WE'LL GO TO TALLAHASSEE ONE DAY AND LOCK ARMS AND SAY THIS IS WHAT WE WANT.

FORT PIERCE IS AN HOA. WE GET TO RULE AS AN HOA.

H BECAUSE THIS IS AT AN INTERSECTION, THERE IS A SIDEWALK ON THE EAST SIDE OF FERNDINA. I THINK CONNECTION TO THAT SWAB WOU -- SIDEWALK WOULD BE APPROPRIATE. WE TALKED ABOUT A DRIVEWAY, THE DRIVEWAY WAS NOT IMPROVED, RIGHT? WHEN DEVELOPERS COME IN, THEY DON'T ALWAYS HAVE CONNECTION TO THE MAIN ROADS AND INTERSECTIONS APPROPRIATELY SO PLANNING GOES THROUGH A PROCESS. THEY TALK WITH THEM ABOUT WHAT IMPROVEMENTS NEED TO BE MADE FOR YOUR PROJECT TO BE SUCCESSFUL IN THE CITY OF FORCE PIERCE. MAYBE THERE IS A CROSSWALK AND A CONNECTION TO THE SIDEWALK THAT IS APPROPRIATE.

THESE ARE THINGS WE HAVE RULED ON BEFORE.

ANOTHER ONE THAT CAME OFF MY PAGE TONIGHT WAS ANIMALS.

THE APPLICANT DID TALK ABOUT ANIMALS WHERE THEY ARE PET FRIENDLY WHEN THEY COME, WHEN FOLKS COME IN.

THE CITY OF FORT PIERCE HAS ANIMAL REGISTRATION REQUIREMENTS. THAT IS REQUIRED.

HOW DO WE ACCOMPLISH THAT BY ALLO ALLOWING FOLKS TO COME INTO TOWN.

WE HAVE A REGISTRATION REQUIRED. I'M REQUIRED TO REGISTER MY ANIMALS, NOW WE DON'T HAVE THAT FOR OTHERS.

THAT'S A QUANDARY IN MY OPINION. HOW DO WE FIX THAT? I DON'T KNOW. WE HAVE TALKED ABOUT THIS IN THE PAST AS WE MADE OUR BULLET POINTS I THINK WE PUT IT, WE HAD A LOT OF DISCUSSION ABOUT LICENSED AGENTS, LICENSED PROPERTY MANAGERS, CONTRACTS WITH THOSE AGENTS.

THAT'S WHY I ASKED THE QUESTION. I'D HAVE TO GO BACK AND LOOK AT THE MINUTES OF THE MEETING, IT HAS BEEN A FEW YEARS AGO.

THAT WAS AN IMPORTANT ASPECT OF US DEVELOPING THESE, APPROVAL, THE BTR PROCESS. EVEN THE BTR PROCESS HAS CHANGED. I HAD TO DUST OFF MY FILE CABINET. ALL THIS HAS CHANGED.

WE HAVE TO -- THERE ARE FOLKS THAT CAME UP AND TALKED ABOUT HOW THE CITY OF FORT PIERCE IS CHANGING.

WE HAVE TO ADAPT WITH OUR POLICIES AS THE CITY CHANGES, AS WE PROGRESS. I BRING UP THOSE ITEMS BECAUSE PART OF TESTIMONY I HEARD NOT ONLY FROM THE APPLICANT BUT FROM THE NEIGHBORS. I JUST BRING THAT FOR DISCUSSION BECAUSE IT STOOD OUT TO ME. I'M IN A HOLDING PATTERN.

[02:15:03]

>> COMMISSIONER C. JOHNSON? >> I'LL LEAVE IT TO THE YOUNG GUY. MADAM MAYOR, COMMISSIONERS, THIS IS A TOUGH DECISION. I DO RECALL SITTING IN THE AUDIENCE AND WATCHING THESE GO BACK AND FORTH ON COMPETENT SUBSTANTIAL EVIDENCE. IT WAS THE FIRST QUESTION I ASKED MR. SWEENEY. I WANTED TO MAKE SURE I UNDERSTOOD THAT. IT DOESN'T MATTER IF YOU ARE NEW ONE DAY OR YOU HAVE BEEN UP HERE FOR AS LONG AS YOU HAVE BEEN UP HERE TOM PERONA, IT IS STILL A DEFINITION BY THE LAW.

I MADE SURE I HAVE UNDERSTOOD THAT.

THE ONLY QUESTION, MR. SWEENEY, YOU HANDED US A DOCUMENT.

YOU HANDED US A DOCUMENT, THIS DOCUMENT, IT WAS BROUGHT UP BY ONE OF THE RESIDENTS THERE. IT TALKED ABOUT SOME STATUES OR SOME INFORMATION ABOUT THE OWNER AND THE LOAN THAT WAS TAKEN.

IS THAT AN AREA OF COMPETENT SUBSTANTIAL EVIDENCE, I THOUGHT YOU SAID YOU ALLOWED IT SO WE COULD REVIEW THAT.

IS THAT CORRECT? >> YES, I DID ALLOW IT IN.

I THINK I HEARD, IF I MAY, IN THE REBUTTAL, IT TALKED ABOUT BEING THE PRINCIPAL RESIDENTS WITHIN 60 DAYS.

THERE IS A SUGGESTION. THAT CAN BE WAIVED.

AS WE SIT HERE RIGHT NOW, THE TESTIMONY THAT I HEARD WAS UNREFUTED ON THAT. IT IS REALLY A PRIVATE ISSUE BETWEEN THE MORTGAGEE AND MORTGAGER, IF SHE IS IN VIOLATION OF IT, THAT WOULD BE A VIOLATION OF THE COVENANT OF THE MORTGAGE JUST LIKE IF ANY OF US WERE DOING SOMETHING, WE WEREN'T ALLOWED TO BUT A CITIZEN OR THE COMMISSION WOULDN'T BE ABLE TO ISSUE A FORECLOSURE BASED ON A VIOLATION OF THAT MORTGAGE.

>> YOU ANSWERED MY QUESTION, TWO PART.

THAT IS ANOTHER SET OF ATTORNEYS AND DEALING WITH THE HOLDER OF THE MORTGAGE TO DEAL WITH THAT, THAT IS NOT IN THE REALM OF ME AS A JUDGE LOOKING AT THAT IMAGE.

>> THAT'S CORRECT. >> WITH THAT, I LOOKED AT THAT PROCESS. I WANTED TO MAKE SURE I UNDERSTOOD THAT. I'M JUST AS FRUSTRATED AS EVERYBODY ELSE HERE. THIS IS ONLY THE BEGINNING.

OUR LEGISLATURE HAS MADE IT A VALID PART THEY WANT TO GET INTO THIS GAME AND TELL US WHAT TO DO AND SKIRT HOME RULE.

THE CITIZENS WITH THE PASSION, I HOPE YOU REACH OUT TO YOUR ELECTED OFFICIALS. THEY NEED TO HEAR FROM YOU BECAUSE THEY ARE VOTING TO TAKE MORE POWER AWAY FROM YOUR CITY COMMISSION. IT IS NOT JUST THIS, IT IS ALL KINDS OF STUFF WE ARE LOOKING AT TO TRY TO HAVE SOME TYPE OF STANDARD FOR OUR CITY. AS I READ THE PENDING LEGISLATION, THEY ARE LOOKING TO WITHDRAW A NUMBER OF DECISIONS THAT YOU MAY NOT LIKE, YOU MAY NOT LIKE THAT PEOPLE MAY HAVE THE CHOICE TO PAINT THE HOUSE ANY COLOR THEY WANT TO WHICH ANOTHER SET OF ISSUES. THAT IS HAPPENING IN TALLAHASSEE RIGHT NOW. I WOULD ENCOURAGE YOU TO HELP US HELP YOU. IT IS CHALLENGING, IT IS FRUSTRATING. I TOO AM HOMEOWNER, I UNDERSTAND. YOUR PLEAS WILL NOT GO ON DEAF EARS. WE ARE WITH THE TASK FORCE TRYING TO GET STANDARDS IN PLACE TO HELP ADDRESS SOME OF THIS.

THIS IS A TOUGH DECISION. I HEAR YOU, I WANT YOU TO KNOW I HEAR YOU AND I UNDERSTAND. THAT'S IT FOR ME, MR. SWEENY.

THANK YOU FOR CLARIFYING COMPETENT SUBSTANTIAL EVIDENCE.

>> YEAH, SO SOME THINGS THAT WERE SAID TONIGHT, I JUST -- I THINK MANY PEOPLE SAID THAT THEY USE AIRBNB AND LIKE THEM.

OTHER PEOPLE SAID THAT WAS HYPOCRITICAL.

I THINK THAT THE WAY I FEEL ABOUT IT, YOU CAN USE IT IN ANOTHER CITY AND SEE THAT IT IS IN THE RIGHT PLACE FOR THE RIGHT AMENITIES, BUT ALSO NOT WANT IT IN YOUR OWN NEIGHBORHOOD WHERE YOU THINK IT IS NOT SUITABLE. I THINK THAT'S WHAT WE HAVE HEARD OVER AND OVER IS THAT HAVING TRANSIENT PEOPLE COME IN AND OUT OF THIS NEIGHBORHOOD IS GOING TO CHANGE THE DYNAMIC AND CHANGE THE QUALITY OF THE NEIGHBORHOOD.

I KNOW WE CAN'T SPECULATE ABOUT WHETHER PROPERTY VALUES WILL GO UP OR NOT GO UP. I THINK THAT IS -- BELIEVE ME, THE LEGISLATURE HAS HEARD BOTH THOSE ARGUMENTS TOO.

[02:20:04]

THE REALITY IS THE LEGISLATION IS LISTENING TO THE LOBBYISTS FOR AIRBNB. THEY HAVE VERY POWERFUL LOBBYISTS IN TALLAHASSEE. THEY ARE CONVINCING THE LEGISLATURE THIS CAN WORK IN ANY SETTING.

THE WAY I LOOK, IF YOU CARRY IT OUT TO THE FINAL -- IF EVERY HOME -- EVERY INVESTOR IN A HOME PUT IT ON AIRBNB OR SHORT TERM RENTAL IN THE STATE, WE WOULD BE A STATE OF INVESTOR OWNED PROPERTIES. IF YOU CARRIED IT OUT TO ITS LOGICAL CONCLUSION. WHAT THE LEGISLATURE HAS SAID, ANY PROPERTY OWNER CAN DO THIS IN ANY PLACE.

NOT ONLY ARE THEY DOING THAT WITH SHORT TERM RENTALS BUT THEY HAVE -- I DON'T KNOW IF YOU HEARD ON THE CALL, THE BILL ABOUT HOME BASED BUSINESSES, THE LEGISLATURE IS TRYING TO SAY THAT ANY NEIGHBORHOOD IS OKAY FOR A HOME BASED BUSINESS, YOU CAN HAVE A HOME BASED BUSINESS OF ANY KIND IN THE NEIGHBORHOOD AND THE CITY CAN'T PROHIBIT IT. THAT WOULD IN EFFECT GET RID OF ZONING, PERIOD, CARRIED IT TO ITS LOGICAL CONCLUSION.

I ALSO HEARD TONIGHT ABOUT -- THAT COULD BE -- THE VISITORS COULD BE FELONS OR SEX OFFENDERS.

SOMEONE ELSE SAID, YOU KNOW, YOU CAN GO TO THE SHERIFF'S WEBSITE AND THERE ARE REGISTERED SEX OFFENDERS.

YEAH, THAT'S TRUE. THAT'S TRUE.

I HAVE DONE THAT BEFORE. I KNOW WHERE THEY LIVE.

HOWEVER, NOBODY SAID YOU HAVE TO REGISTER AS A SEX OFFENDER IF NUR A SHORT TERM RENTAL. NOBODY SAID THAT.

TO ME, THAT'S NOT COMPARING THE SAME THING.

IT IS NOT COMPARING THE SAME THING, BECAUSE YOU DO HAVE THE RIGHT TO GO ON AND CHECK IF THEY ARE LIVING HERE.

BUT THEY DON'T HAVE TO DO THAT IF THEY ARE VISITING HERE OR IF THEY DO HAVE TO DO THAT, I'M NOT SURE THEY ARE GOING TO DO IT ANYWAY. THE FRUSTRATION I FEEL TONIGHT IS THE SAME FRUSTRATION WE HAVE BEEN LIVING WITH FOR YEARS BECAUSE OF THE LEGISLATURE TYING OUR HANDS.

AT LEAST FORT PIERCE HAS CONDITIONAL USE PROCESS.

OTHERS THEY HAVE NO TOOLS IN THEIR TOOL CHEST.

AT LEAST WE HAVE THIS PROCESS. BY THE WAY, IT TAKES A GREAT DEAL OF TIME. IT TAKES YOUR TIME AND YOUR THOUGHT. IT TAKES OUR STAFF TIME.

GUESS WHAT, THE CITY OF FORT PIERCE GETS NO TAX DOLLARS EXCEPT FOR WHATEVER PEOPLE WHO ARE OUT AND DINING, ETC.

THE TOURIST DEVELOPMENT TAX GOES TO THE COUNTY.

THE STATE GETS SOME TAX. THERE IS A LOT WRONG WITH THIS PICTURE. A LOT WRONG WITH THIS PICTURE.

I THINK WE ARE AT A POINT WHERE WE HAVE TO -- COMMISSIONER PERONA? PART OF THE IRONY WE WORKED TO HARD TO BRING ATTENTION TO FORT PIERCE, WANTING MORE TO BUILD 100 PLUS ROOM HOTEL AND ALL THESE THINGS.

THEY DO COMPETE. THEY DO COMPETE WITH THIS WHOLE ATTITUDE. WE HAVE ONE THAT IS SCHEDULED TO BE BUILT HERE IN DOWNTOWN FORT PIERCE.

IF THE DEVELOPER SAID WHAT ARE YOU DOING WITH ALL THESE VACATION RENTALS? I'M TRYING TO MAKE SURE I CAN KEEP 100 OR 110, 20, 30, 40 ROOM HO HOTEL, EVERYTHING ELSE LIKE THAT, AGAIN, THAT IS NOT COMPETENT SUBSTANTIAL EVIDENCE, I'M SAYING IT THWARTS A LOT OF ENERGY AND A LOT OF EFFORTS WE HAVE BEEN WORKING SO HARD TO CREATE. I COULD COME UP WITH ANOTHER LIST OF REASONS WHY NOT BUT WE SPOKE EARLIER THE PUBLIC HAS A

[02:25:03]

RIGHT TO -- I THINK SOMEONE MENTIONED EARLIER THERE ARE AREAS THERE. I KNOW THERE ARE CERTAIN ORDINANCES ON OUR BOOKS RIGHT NOW WHEN IT COMES TO NUISANCE AND NOISE AFTER CERTAIN CONDITIONAL HOURS.

IT WAS -- IT WAS SUGGESTED OBVIOUSLY, THERE ARE WAYS TO HELP PUSH THAT INFORMATION FORWARD.

THE PROPERTY MANAGER HAS AVAILED HERSELF TO HELP WORK THROUGH THAT AND BE AVAILABLE WITH THE SEE CLICK FIX APP WHICH WILL ALLOW FOR YOU TO REPORT THAT AS WELL AS YOU RECORDING ANY VIDEO YOU WOULD LIKE TO ANY -- IT DAWNED ON ME.

THIS IS TOUGH. I THINK THAT THERE ARE ALWAYS OPPORTUNITIES THERE IF YOU LOOK AT THAT TO BE A GOOD NEIGHBOR AND HELP IN SITUATIONS THAT YOU MAY DEEM APPROPRIATE TO HELP YOUR NEIGHBORHOOD. I SEE THAT THROUGH THE

CONDITIONAL USE PROCESS. >> IT CREATES A SITUATION WHERE THE NEIGHBORHOOD HAS TO RECORD. THEN THE POLICE HAVE TO REPLY OR CODE ENFORCEMENT HAVE TO REPLY. THERE IS ANOTHER BILL BEING PROPOSED BY REPRESENTATIVE TOBY FROM STUART THAT, NO, A CITY WOULD BE PROHIBITED FROM HAVING CODE IN CODE ENFORCEMENT.

CODE ENFORCEMENT COULD NOT INVESTIGATE AN ANONYMOUS CLAIM.

>> MADAM MAYOR, IF I MAY FOLLOW UP ON THE COMMISSIONER'S LAST STATEMENT. THIS IS A CONDITIONAL USE APPLICATION. I'M READING DIRECTLY FROM OUR CODE. TIS IS SECTION 125 -- I'M SORRY, 240. COMPLIANCE WITH CONDITIONS ESTABLISHED FOR CONDITIONAL USE IN ADHERENCE TO THE SUBMITTED PLANS IS REQUIRED. ANY DEPARTURE FROM APPROVED PLANS CONSTITUTES A VIOLATION OF THIS CHAPTER.

CONDITIONAL USE IS THAT, IF GRANTED, IT IS GRANTED WITH CONDITIONS THAT HAVE TO BE ADHERED TO.

IF IN CONSTRUCTION, IT HAS TO BE ADHEREDED TO.

SHOULD THOSE BE VIOLATED AND FOUND DUE NOTICE AND PROPER PROCEDURAL APPLICATION OF LAW, THEY LOSE THAT.

IF THEY LOSE IT, THEY WOULDN'T BE ABLE TO APPLY FOR SIX MONTHS.

IF THEY WERE TO BE IN VIOLATION OF THAT, THIS IS ONE OF OUR HIGHEST INFRACTIONS WE HAVE IN CODE ENFORCEMENT, A VIOLATION OF A VACATION RENTAL WITHOUT CONDITIONAL USE IS CONSIDERED THE MOST EGREGIOUS. IT CAN BE A $5,000 FINE.

>> MAY I ASK YOU PUT THOSE CONDITIONS UP?

>> THANK YOU. >> I DID FOR TONIGHT'S MEETING.

I HAD THAT SECTION FOR CONDITIONAL USE IF YOU WANTED TO SEE IT. FOR THIS PROPERTY.

WHILE SHE IS WORKING TOWARDS THAT, THE STATUE IS CLEAR IN TALKING ABOUT THE TASK FOS, IT IS VERY CLEAR, THE ONLY THING THAT 509, I'M READING FROM AN ATTORNEY GENERAL'S OPINION RIGHT NOW, 508 TO REGULATE RENTALS SUCH AS REGULATION DOESN'T LIMIT DURATION OF FREQUENCY OF RENTALS.

INCLUDING IN ZONING CATEGORIES. >> MADAM MAYOR, IF I MAY JUST ADD A COUPLE OF THINGS WITH REGARD TO THE TASK FORCE AND ALSO TO OUR SIDEWALK REQUIREMENTS.

WHEN IT COMES TO THE TASK FORCE, THESE ARE THE THINGS WE ARE LOOKING -- PERHAPS HAVING A GUIDE BOOK THAT WE HAVE MADE READILY AVAILABLE, MAYBE LISTING ALL OF THE UNITS WE HAVE OR VACATION RENTALS WITH CONTACT INFORMATION, THAT WE HAVE, YOU KNOW, RIGHT NOW, I HAVE HEARD THIS EVENING IS THAT HOURS OF OPERATION, SIMILAR WHEN YOU STAY AT A HOTEL, IT MAY BE THESE ARE SOME OF THE THINGS THE TASK FORCE COULD DELIBERATE OVER, THAT IS WHAT THE INTENTION WAS FOR ESTABLISHING THIS, IS TO GIVE THIS RESPONSIBILITY TO THE DEPARTMENTS THAT ARE AFFECTED BUT ALSO TO AGENTS, PEOPLE FROM THE PUBLIC AND ALSO FIRMS THAT ARE INVOLVED, PROPERTY MANAGEMENT AND REAL ESTATE OFFICES INVOLVED IN THIS ON A DAILY BASIS.

[02:30:03]

WHEN IT COMES TO THE SIDEWALKS, WE DO NOT REQUIRE SIDEWALKS IN SINGLE FAMILY DISTRICTS. IT IS THE ONLY DISTRICT THAT DOES NOT REQUIRE SIDEWALKS

>> I BELIEVE IN MY HEART THAT A JUDGE ON SECOND STREET HAS A LAW BOOK THAT SAYS THIS IS THE FLORIDA LAW AND THIS IS WOULD BE GRAY BECAUSE IT'S A MATTER OF INTERPRETATION AND A MATTER OF HEARING AS A BODY SITTING AS JUDGES RATHER THAN LEGISLATORS WHICH IS WHAT HE READS AS WE START THIS PROCESS.

I BELIEVE THAT OUR CODE OF ORDINANCES AND OUR BOOK OF THE LAWS OF THE CITY OF FORT PIERCE IS OUR LAW BOOK AND WE USE THAT AS OUR GUIDE BOOK AND WE HEAR EVIDENCE.

THEY USE A GUIDE BOOK AND HEAR EVIDENCE, RIGHT? SO I'M GOING TO POSE THE QUESTION AGAIN THAT THIS WAS AT AN INTERSECTION AND WE KNOW THAT BECAUSE WE HAVE A BOOK THAT SAYS THIS IS WHAT FERNANDINA DOES. WE HAVE A BOOK THAT TALKS ABOUT THE ROADS IN SOME MANNER AND WE UNDERSTAND THAT IT CONNECTS NEIGHBORHOODS AND THAT'S A NEIGHBORHOOD CONNECTOR.

BUT WHY WOULD WE NOT WANT TO TALK BA WE HAVE RULED BEFORE, A CROSS-WALK OR SOME CONNECTION THAT CONNECTS THE PUBLIC, MAYBE THE RENTER IN THIS CASE TO THE SIDEWALK IN THE AREA.

THAT'S THE QUESTION I'M POSING TO YOU.

DO WE POSE THAT NO ANIMALS ARE ALLOWED BECAUSE WE DON'T ADDRESS

[02:35:05]

THAT IN OUR -- WELL, WE DO ADDRESS THAT.

OUR LAW BOOK DOES ADDRESS THAT AND SAYS YOU MUST ADDRESS YOUR PET AND I HAVE AN ALLOWANCE OVER HERE AND US AS RESIDENTS SAYING YOU MUST REGISTER YOUR PET BUT IT'S OK TO DO WHATEVER YOU WANT TO DO. I DON'T THINK THE ATTORNEY GENERAL HAS RULED ON SUCH A THING.

I HAVEN'T HEARD THAT YOU CAN'T DO THAT EITHER BECAUSE I WOULD LOVE TO TALK ABOUT THOSE THINGS. THOSE ARE THE REAL ISSUES US AS LOCAL GOVERNMENT ISSUES, THAT WE'RE FACED WITH THAT AND THOSE ARE MY CONUNDRUMS. THOSE ARE MY WORRIES AND THE OTHER ONE WAS THE LICENSE AGENT AND THE HOURS THAT YOU TALKED ABOUT, YOU KNOW, MAYBE THIS TASK FORCE HAS TO LOOK AT THAT.

THIS IS AN OF EVER-CHANGING THING.

WE CHANGE THESE FIRST FIVE AND I THINK WE HAD SIX AND WE TOOK ONE OFF AND TALKED ABOUT THAT A FEW MONTHS AIRGAP AGO.

WE'LL CHANGE IT AGAIN AND ADD TO IT AND MAYBE WE'LL TAKE SOME AWAY. I DON'T KNOW, BUT THOSE ARE MY ISSUES. THAT'S WHERE I'M LEANING ON.

I UNDERSTAND PROPERTY RIGHTS FROM THE PERSON THAT OWNS THE PROPERTY AS THE APPLICANTS AND I UNDERSTAND AS THE INDIVIDUALS THAT LIVE NEXT TO THE APPLICANT. WHETHER IT'S IMMEDIATELY EVENT OR IN THE CITY OF FORT PIERCE. WE'RE ALL HOA AND WE'RE NEIGHBORS AND WE HAVE TO TALK ABOUT THOSE THINGS.

>> COMMISSIONER PERONA. >> WE REALLY WANT TO BE CONSISTENT IN WHAT WE DO. THERE WAS ONE ON GRENADA AND IT WAS AN R2 AND NOBODY SPOKE AGAINST IT.

I SAID, DO YOU REALIZE WE ARE NOW STEPPING OVER THE THRESHOLD AND DOING AN R2 AND AND I THINK WE WERE DONE IN 15 MINUTES.

IT'S BECAUSE NOW WE HAVE FOLKS IN THE NEIGHBOR THAT ARE RIGHTLY CONCERNED AND THEY'RE WANTING US TO DO SOMETHING DIFFERENT AND THAT'S WHERE I HAVE THE PROBLEM OF WHY IS IT DIFFERENT THAN THE ONE ON GRENADA? I DON'T KNOW.

WE HAVE TO STAY CONSISTENT IN WHAT WE'RE DOING.

UNLESS WE CAN FIND SUBSTANTIAL EVIDENCE WHERE SOMEBODY SAYS, HEY, PEOPLE ARE DYING AT THAT INTERSECTION LEFT AND RIGHT BUT IT ISN'T. I KNOW IT BECAUSE I'M THERE THREE TIMES A WEEK I GO BY YOUR HOUSE AND I KNOW WHAT'S HAPPENING THERE AND THERE ARE PROPERTY RIGHTS.

THE THING ABOUT IT IS, THAT'S WHY THIS TASK FORCE WILL BE SO IMPORTANT AND I HAVE HIGH EXPECTATIONS.

NOT ONLY IN COMING UP WITH ALL OF THE THE RULES AND REGULATIONS, BUT I WANT TO KNOW WHAT THE CONSEQUENCES ARE WHEN THEY DON'T FOLLOW THE RULE AND I WANT THOSE TO BE STEEP.

I THINK THE REGISTRATIONS SHOULD BE A REPRESENTATION OF A SUPPORT TO ALL OF THE THE ENFORCEMENT THAT WE ARE GOING TO HAVE TO PROVIDE BECAUSE WE ARE GOING TO TRY TO MAKE THIS AS SAFE AS POSSIBLE AS THE CITY'S RESPONSIBILITY TO THESE NEIGHBORS THE STATE HAS SAID YOUR LOCAL CONTROL IS OUT.

THE LITTLE THINGS, WE NEED TO DO THEM AT THE BIGGEST RATE WE POSSIBLY CAN. SO MY EXPECTATIONS ON THE TASK FORCE IS TO GET IN THERE AND DO THAT.

I'M THINKING IF IT'S A SINGLE ONE-BEDROOM VACATION RENTAL, I'M THINKING AROUND A THOUSAND DOLLARS AND A HUNDRED DOLLARS FOR EVERY ROOM AFTER THAT AND I THINK IT SHOULD HAVE INSPECTIONS IF WE SHOULD GET AWAY WITH IT LEGALLY.

AND I THINK IF THERE ARE SOME VIOLATIONS EVENTUALLY, WE CAN TAKE WAY WAY THE CONDITIONAL USE.

I DON'T THINK IT SHOULD BE A CONDITIONAL USE.

JUST NEIGHBORING THAT . WHATEVER WE HAVE TO DO TO MAKE SURE WE HAVE CONTROL AND IF THERE'S VIOLATIONS OUT THERE, FIND THEM. IF THERE FINES ARE MORE THAN ONE OR TWO, WE TAKE IT AWAY AND THAT'S THE WAY I WOULD DO IT.

[02:40:03]

THERE I THINK WE HAD A PROPOSAL AND I WOULD AGREE.

>> MAKE IT MORE EXPENSIVE UPFRONT.

>> BUT WHAT'S REALLY HAPPENING IS SOMEBODY IS HAVING A BUSINESS IN A NEIGHBORHOOD. IT IS A COMMERCIAL BUSINESS IN A NEIGHBORHOOD, FLAT OUT. IT IS.

AND WITH ALL OF THE THINGS THAT BRINGS, WHICH IS PEOPLE COMING AND GOING YOU DON'T KNOW AND PERHAPS MORE PEOPLE STAYING IN ONE HOUSE, GARBAGE AND PLACE CALLS AND ALL OF THOSE THINGS, THAT'S ALL GOING TO FALL ON THE CITY AND ON THE NEIGHBORHOOD.

>> I THINK ONE OF THE FIRST VACATION RENTALS WE CONSIDERED, THE LADY FROM THE BEACH CAME TO THE PODIUM AND SAID SOMETHING THA ECHOED. MY HUSBAND AND I ARE DECENT PEOPLE. WE STAY UP AND THAT'S WHAT FOLKS DO WHEN THEY'RE ON VACATION. I KNOW THAT'S A PERCEPTION, BUT THAT'S EXACTLY WHAT HAPPENS, GOOD PEOPLE ACT DIFFERENTLY AWAY ON VACATION BECAUSE THAT'S WHAT YOU DO ON VACATION.

AND SO I THINK IT'S BETTER TO MANAGE THAT FROM A CITY PERSPECTIVE. GET ME ON THE LANE THAT IT IS MY LANE, YOU KNOW, NOT ONE THAT I HAVE TO DEAL WITH ALL OF THE LEGALITIES. IF I HAVE A RIGHT FOR THE CODES AND LICENSING, GIVE ME THAT ROAD AND LET US BUILD THAT AT THE FULLEST EXTENT WE CAN. OTHERWISE, THIS IS WHAT'S GOING TO HAPPEN AND THESE VACATION RENTALS ARE NOT GOING AWAY.

THEY'LL BE HERE AND THERE WILL BE THREE THE NEXT TIME AND TEN THE NEXT TIME AND TEN AFTER THAT.

SO I'M QUESTIONING THE CONDITIONAL USE PROCESS AND JUST THROW THEM OUT AND LET'S JUST GO AHEAD AND USE OUR CODES AND OUR LICENSING AND EVERYTHING ELSE TO BE ABLE TO ENFORCE IT.

>> I'LL ENTERTAIN A MOTION. >> MADAM MAYOR, I MAKE A MOTION THAT WE ACCEPT THE RECOMMENDATIONS OF STAFF, ALL FIVE OF THEM, IN THE PROPOSAL. POUT.

>> SECOND. >> IS THERE ANY DISCUSSION? ALL THE ROLE, PLEASE. (ROLE CALL)

>> SO THAT'S A MOTION THAT FAILS.

>> WE HAVE COME TO THAT DAY, HAVEN'T WE?

>> WE HAVE COME TO THAT DAY. >> I WAS GOING TO SAY, MADAM MAYOR, IF IT DOES FAIL, WE NEED TO HAVE IN THE RECORD THE SUBSTANTIAL EVIDENCE THAT PROMOTED THE DENIAL.

>> I'LL TAKE IT A STEP FURTHER THAN THAT, MADAM MAYOR.

SO CLEARLY A TIE IS A FAIL. BUT A FAILURE OF A MOTION DOES NOT INVOKE THE INVERSE OF THAT MOTION.

TO SUCCESSFULLY APPROVE A DENIAL, THERE HAS TO BE A MOTION TO DENY AND THERE HAS TO AND A MAJORITY VOTE IN FAVOR OF IT.

NOW, WE ARE SEEMINGLY DEADLOCKED AND SO, IT MAY BE APPROPRIATE TO TABLE THIS TO AN ADDITIONAL MEETING BECAUSE, AGAIN, UNLESS SOMEBODY IS WILLING TO ENTERTAIN A DIFFERENCE OF YOUR VOTE, I DON'T KNOW WHAT WE'LL BE ABLE TO RESOLVE.

SORRY. THAT'S THE LAW.

>> SO I WILL ENTERTAIN A MOTION TO TABLE.

TABLE UNLESS SOMEONE WANTS TO MAKE A DIFFERENT MOTION.

>> I CAN'T THINK OF A MOTION TO MAKE.

> WHAT A MESS WE'VE GOTTEN OURSELVES INTO.

SOME MADAM MAYOR, MAY I OFFER -- >> PLEASE, PLEASE.

>> YES, PLEASE. >> SINCE WE'RE GOING THROUGH THIS TASK FORTUNE, PERHAPS WE NEED TO RESULTS OUT OF THE TASK FORCE. WE HAVE THREE MORE COMING UP AND VERY SIMILAR. AND THERE'S A PART OF ME THAT

[02:45:03]

WISHES WE COULD JUST MAYBE HOLD OFF RIGHT NOW UNTIL WE GET THE RECOMMENDATIONS FROM THE TASK FORCE OF THE APPLICATIONS.

I DON'T KNOW, MR. SWEENEY, IF THIS IS SOMETHING WE CAN DO, BUT JUST PUT A TEMPORARY MORATORIUM UNTIL WE COME UP WITH SOMETHING THAT IS WORKING THROUGH A COMPROMISE BECAUSE THAT IT WILL HAVE TO TAKE. IT WILL HAVE TO BE A GIVE AND TAKE. I DON'T KNOW.

>> MADAM MAYOR, UNFORTUNATELY, I DON'T BELIEVE WE CAN DO THAT.

I THINK IT'S CLEAR IN OR CODE OF ORDINANCES AND I SEE OUR CITY MAYOR SAYING NO, NO, NO, BUT WE HAVE A PROCEDURE IN PROCESS AND DUE PROCESS REQUIRES THAT WE TREAT EVERYBODY THE SAME, NO MATTER WHAT. AND THESE PEOPLE HAVE GONE THROUGH THE PROCESS WE HAVE IN PLACE AND THEY HAVE PAID MONEY FOR CONDITIONAL USE AND IT'S UP TO THIS COMMISSION AND SO, UNLESS MR. MINNS WANTS TO WEIGH IN DIFFERENTLY.

>> I'LL SAY TO THIS COMMISSION THAT I BELIEVE THE APPLICANT HAS GONE THROUGH THE PROCESS SUCCESSFULLY AND STAFF HAS REVIEWED THE APPLICATION DOCUMENTATION AND THE PLANNING BOARD HAS RENDERED THEIR RECOMMENDATION.

IT UP UP TO THIS IS UP TO MAKE A DECISION AND IF IT'S A DENIAL, YOU NEED CLEAR, SUBSTANTIVE EVIDENCE FOR THAT DENIAL. SO I WOULD IMPLORE YOU TO PLEASE MAKE A DECISION AS SOON AS POSSIBLE.

>> MADAM MAYOR? >> YES, SIR.

>> I'VE HEARD WHAT YOU SAID AND I HEARD WHAT COMMISSIONER JEREMIAH JOHNSON SAID. I'M GRAPPLING WITH TRYING TO FIND COMPETITIVE, SUBSTANTIAL EVIDENCE THAT I CAN EASILY SAY AND SUPPORT A MOTION TO DENY, BUT TO THIS POINT IN TIME -- AND I KNOW WHAT YOU BOTH HAVE SAID. MAYBE IF YOU SAID IT IN A DIFFERENT WAY AND PUT IT IN A NICE LITTLE PACKAGE.

BUT I DON'T THINK THAT WILL HAPPEN.

SO I MEAN, AS FAR AS I'M CONCERNED, I'M WHERE I'M AT.

THIS MAY BE DEADLOCKED. >> THERE'S GOING TO BE INCREASED TRAFFIC, INCREASED TRAFFIC FROM PEOPLE WHO DON'T UNDERSTAND THUMB POINT DRIVE AND HOW IT GOES AROUND AND ACTUALLY COMES RIGHT BACK ON THE SAME THING. INCREASED TRAFFIC FROM FERNANDINA. AND THE POSSIBILITY OF DOGS WHO ARE THERE THAT ARE NOT INOCULATED OR REGISTERED AND THE ORDINANCE REQUIRES IF YOU HAVE AN ANIMAL FORT PIERCE, YOU HAVE TO REGISTER IT. WE CAN ALSO TALK ABOUT THE CHARACTER OF THE NEARED NEI. THIS WILL CHANGE THE CHARACTER OF THE NEIGHBORHOOD AND IT IS RIGHT AT AN INTERSECTION.

THAT'S A BUSY INTERSECTION AT CERTAIN TIMES OF THE DAY AND FOR PEOPLE WHO WALK AND RIDE THEIR BIKES.

AND IT IS A NEIGHBORHOOD THAT IS DOESN'T LEND ITSELF TO PEOPLE CHECKING IN FOR A THREE-DAY WEEKEND AND CHECKING OUT FOR A THREE-DAY WEEKEND. WITH THE INCREASED GARBAGE AND INCREASED TRAFFIC AND THERE ARE CHILDREN THAT LIVE IN THAT NEIGHBORHOOD AND THERE ARE OLDER PEOPLE THAT LIVE IN THAT NEIGHBORHOOD AND PEOPLE OLDER THAN I AM.

I KNOW YOU FIND THAT HARD TO BELIEVE.

IN A PLACE THAT ARE SINGLE FAMILY HOMES OF PEOPLE WHO DO RENT, WHO RENT MAYBE FOR A SEASON OR MAYBE FOR A YEAR, BUT

NOT FOR TRANSIENT IN AND OUT. >> MAY I ASK A QUESTION JUST FOR CLARITY? IS THAT REALLY THE AREA -- YOU'VE HEARD THAT TERM A COUPLE OF TIMES.

[02:50:02]

I HEAR IT WHEN WE TALK ABOUT THE TRANSIENT PART OF THIS.

IS THAT THE NATURE? BECAUSE ONE OF THE ACTUAL LETTERS OF SUPPORT CAME FROM A PERSON THAT OBVIOUSLY DIDN'T LIVE IN THAT AREA BUT MADE A RECOMMENDATION THAT IF IT WAS THREE MONTHS OR LONGER -- HOW WOULD WE LOOK AT THAT MR. WEE

MR. SWEENEY? >> THE APPLICATION HAS MADE AN APPLICATION FOR LESS THAN 30 DAYS AND WE HAVE TO JUDGE IT ON

THAT. >> THAT'S WHAT I FIGURED BUT I

JUST WANTED TO BE CLEAR. >> THE OTHER THING IS, YOU KNOW, EVEN THE RULINGS IN THE STATE TALKED ABOUT THE DURATION, RIGHT, AND SO, YOU KNOW, THE THINGS EVACUEE WE'VE DONE AT RELATED TO DURATION AND NEVER HAVE BEEN RELATED TO THE DURATION, AND THAT WOULD BE -- THEY'VE TOLD US NOT TO DO IT

THAT WAY. >> THEY HAVE, YES.

>> SO I MEAN, I COULD JUST IMAGINE THIS IF DENIED AND A ILLEGAL QUESTION WAS MADE TO OUR ABILITY TO DENY IT ON THOSE COMPETENT, SUBSTANTIAL EVIDENCE THAT YOU HAVE SPOKEN TO AND I JUST GOT A FEELING THAT THIS IS INCONSISTENT WITH WHAT WE'VE DONE IN THE PAST IS I CAN'T SEE ANY DIFFERENT THAN THIS LOCATION OR DEGREE GRENADA. IT'S THE OWN ONE ONLY ONE IR THAT WAS AN R2. I AGREE, YOU KNOW, THE LACK OF SIDEWALKS, CONNECTIVITY, BUT SOMEBODY MOVING INTO THAT HOUSE WOULD HAVE A LACK OF SIDEWALKS AND CONNECTIVITY AND ACCORDING TO THE STATE LAW, IT'S A RESIDENCE AND NOT A BUSINESS, EVEN THOUGH WE CALL IT A BUSINESS.

I WOULD HAVE TO FAR REACH TO BE ABLE TO GRAB ON ONE OF THOSE AND SAY THAT DID IT FOR ME BECAUSE SOMEBODY COULD SAY, PRETTY MUCH THE SAME DEAL WITH THE LAST ONE YOU GUYS DID AND WHAT'S THE DIFFERENCE? AND I DON'T.

>> I HERBED IT DIFFERENTLY. . I HEARD A COUPLE OF FOLKS TALKING ABOUT THE HISTORY OF THE COMMUNITY.

THEY TALKED ABOUT THAT AND THEY TALKED ABOUT THE AGE AT SOME POINT AND HOW LANGUAGE THEY HAVE BEEN THERE.

I DID NOT THEY'RE THAT TESTIMONY IN GRENADA.

I NEVER HEARD THAT IN THAT APPLICATION.

I HEARD ANOTHER LOCATION ON FER FERNANDINA AND I WOULD HAVE TO LOOK AND SEE WANT WAS THERE A SHORT-TERM RENTAL AT THE RESIDENCE BEING REFERRED TO, BUT THERE WAS REFERENCE TO THE FOLKS THAT TALKED ABOUT FERNANDINA SPECIFICALLY.

>> S THAT WHERE THE CARS WERE. >> ANOTHER GENTLEMAN, I THOUGHT, TALKED ABOUT FURTHER NORTH, CLOSER TO BENNY DRIVE AND I THOUGHT I HEARD HIM TALK ABOUT THAT.

IF YOU LOOK AT THE HISTORY BOOKS YOU KNOW THAT'S ACCURATE.

>> NORMALLY IT'S A STATEMENT OF ACTIVITIES THAT'S HAPPENED THERE. I HEARD IT'S BEEN THERE FOR A LONG PERIOD. WE HAVE CHILDREN IN THE NEIGHBORHOOD AND THERE'S A PERCEPTION OF THAT BEING A DANGER. INSTEAD OF HEARING ABOUT ANY ACTIVITIES THAT ENDED UP IN A BAD SITUATION.

LIKE WE DID I THINK UP NORTH OFF OF U.S. 1, WHEN WE HAD SOMEBODY LIVING THERE 30 OR 40 YEARS SEEING THE SAME CAR ACCIDENTS OUT IN ACCIDENTS OUT IN FRONT OF THE HOUSE.

MY HISTORY, I'VE SEEN THIS HAPPEN OVER IS OVER AND OVER AGAIN. THAT'S TESTIMONY AND COMPETENT SUBSTANTIAL. LIVING IN THE NEIGHBORHOOD AND KNOWING THE CHARACTERISTICS AND THE KIDS AND FAMILIES AND HOW IT COULD TURN INTO SOMETHING IN MY MIND IS NOT COMPETENT,

[02:55:04]

SUBSTANTIAL EVIDENCE. I GUESS THAT'S WHERE WE DIFFER.

>> MADAM MAYOR? >> YES, SIR.

>> WE WERE EARLY LOOKING AT OUR RESOLUTION, QUASI JUDICIAL, AND THE STANDARD OF PROOF. THERE'S CONTINUANCES AND APPROVALS AND THAT'S SECTION 12, CITY COMMISSION SHALL CONSIDER REQUEST FOR CONTINUANCES BY CITY STAFF AND PARTY INTERVENER AND GRANT CONTINUANCES IN THE SOLE DIS-EXPRESSION DISCRETION AND IF IN THE OPINION OF THE CITY COMMISSION ANY TESTIMONY OR DOCUMENTARY EVIDENCE JUSTIFIES ALLOWING RIGHT TO PROPERLY DETERMINE THE ISSUE PRESENTED, THEN THE CITY COMMISSION MAY CONTINUE TO A TIME TO ALLOW RESEARCH OR REVIEW. THAT SEEMS TO BE WHAT I'M HEARING AT LEAST IN SOME PART FROM COMMISSIONER JOHNSON AND COMMISSIONER PERONA. IT'S AT LEAST AN OPTION.

>> I COULD GO ALONG WITH THAT. >> IT WOULD MOVE FORWARD THE OPPORTUNITY FOR COMMISSIONER ALEXANDER IF TIME ALLOWS AND TO HAVE A DISCUSSION WITH THE FIVE OF US.

>> I HAVE GOOD NEWS. I DID SPEAK TO COMMISSIONER ALEXANDER TODAY AND I BELIEVE THAT COMMISSIONER ALEXANDER WILL BE ABLE TO JOIN US TELEPHONICALLY FOR OUR NEXT MEETING. THERE'S THE OPPORTUNITY FOR THE FIVE MEMBER CITY COMMISSION TO ONCE AGAIN HEAR THE ENTIRE QUASI JUDICIAL HEARING AGAIN. IS THAT CORRECT?

>> WE HAVE TO HAVE THE WHOLE HEARING AGAIN?

>> IF WE WERE TO PROCEED UNDER THIS SECTION, IT WOULD BE RELATED TO WHATEVER BE THE FOLLOWUP INFORMATION.

>> THIS WOULD BE ADDITIONAL INFORMATION AND HE COULD REVIEW

THIS PROCEEDING? >> ABSOLUTELY.

HE'S BEEN EXCUSED. >> IT IS HIGHLY LIKELY WE WILL HAVE OUR COMMISSIONER HERE OR ON THE TELEPHONE FOR THE NEXT CITY COMMISSION MEETING, SO IT IS VERY POSSIBLE THAT WE CAN ONCE AGAIN CONSIDER THIS AT A LATER DATE AND THAT WON'T BE, YOU KNOW, AN EXTENDED TIME PERIOD AND IT IS VERY HOPEFUL THAT THE

APPLICANT AGREES TO THIS. >> THE APPLICANT OBJECTS TO CONTINUING BUT IT IS YOUR DISCRETION.

>> SO WHAT'S THE PLEASURE? SHALL WE CONTINUE IT TO THE NEXT

MEETING? >> I SEE NO OTHER PATHWAY BESIDES THAT. WE'LL BE SITTING HERE UNTIL THE GOING TO HAPPEN. IF I HEAR YOU CORRECT, WE CONTINUE TO OUR NEXT MEETING WHEN COMMISSIONER ALEXANDER CAN

JOIN US. >> THAT WOULD BE PROBABLY THE BEST CASE SCENARIO FOR THIS CITY COMMISSION AND THAT WAY YOU CAN ALL HAVE A FULL DISCUSSION WITH THE INFORMATION PRESENTED TO YOU AND YOU ALL CAN HAVE A VOTE AND A VOTER DECISION OR UNANIMOUS DECISION ON THE INFORMATION PRESENTED.

>> WOULD THAT ALSO ALLOW FOR ANY EVIDENTIARY TO BE ENTERED IN COMPETENT SUBSTANTIAL OR US HAVING A DISCUSSION AS A

FIVE-MEMBER? >> I BELIEVE WE NEED TO FOLLOW THIS ARTICLE THAT IS IN FRONT OF YOU RIGHT NOW BASED UPON WHAT THE CITY --MADAM MAYOR, I INTERPRET THAT TO BE THE INFORMATION THAT WAS PRESENTED TONIGHT ALLOWS ADDITIONAL

RESEARCH OR REVIEW. >> SO TO ME THAT WOULD BE ENTERED INTO THE RECORD FOR FURTHER REVIEW.

>> OK. >> SO I HEAR THAT AS BEING ADDITIONAL INFORMATION, COMPETENT SUBSTANTIAL AND COULD BE INTRODUCED WHEN A COMMISSIONER CAN JOIN US.

>> THAT'S CORRECT. >> THAT'S CORRECT.

>> AS WELL AS WE COULD VIEW THE MEETING AGAIN AND ASK QUESTIONS

AT THAT POINT. >> I WOULD VIEW THIS IN THE SAME LIGHT AS A TRIAL. YOU HAVE A DAY OF TRIAL, TRIAL

[03:00:01]

STOPS AND TRIAL RECOMMENCES THE NEXT DAY DOESN'T FORGET WHAT HAPPENED ON DAY ONE AND THAT'S WHAT I VIEW THIS AS.

>> DO WE NEED TO MAKE A MOTION TO DO THAT IN.

>> YES, PLEASE. >> ARE WE POSITIVE THAT HE'S GOING TO BE BACK TO THE NEXT MEETING OR WOULD IT BE SAFER TO MAYBE GO TO THE SECOND MEETING IN APRIL?

>> I'M HOPEFUL, YES. IS IT THE FIRST MEETING OR THE SECOND MEETING? IS IT THE FIFTH OR 19TH?

>> THE 19TH. >> WHAT WAS THE QUESTION?

>> IF WE WERE SURE COMMISSIONER ALEXANDER WOULD BE BACK AND WE'RE NOT 100% SURE AND I OFFERED THE SEC SECOND MEET IN APRIL, THE 19TH, WOULD BE A SAFER BET.

>> I'VE HAD NO COMMUNICATIONS WITH COMMISSIONER ALEXANDER SO I

CAN'T GIVE ANY INSIGHT. >> WE'RE TALKING ABOUT POSTPONING TO A DATE AND WE NEED TO DEAL WITH THAT.

>> IT NEEDS TO BE TO A SPECIFIC DATE AND FURTHER OUT MIGHT BE SAFER JUST SIMPLY BECAUSE WE'RE TALKING ABOUT ALLOWING SOMEBODY TIME TO ACCOMMODATE TO BE PRESENT.

THAT'S THE PLEASURE OF THE COMMISSION.

>> FELLOW COMMISSIONERS, THIS IS TOUGH AND WE KNEW IT WOULD BE TOUGH. I DON'T SEE A PATHWAY FORWARD AND I MOVE THAT WE TABLE THIS CONVERSATION AND CONTINUANCE TO

A DATE CERTAIN OF APRIL 19TH. >> THAT'S THE SECOND MEETING, APRIL 19TH, TO FURTHER THIS DISCUSSION WITH THE PRESENCE OF COMMISSIONER ALEXANDER AT THAT POINT TO WEIGH IN ON THE DECISION AND VOTING PROCESS OF THIS MOTION.

>> AND IS THERE A SECOND? I KNOW WE CAN'T GUARANTEE --

>> I DON'T KNOW IF YOU CAN PUT THAT IN THE MOTION BASED ON HIS

ATTENDANCE. >> I'M GOING TO OBJECT.

I'LL PUT ON THE RECORD AND OBJECTION.

>> SO NOT A DATE CERTAIN, SO TO BE CONTINUED TO INCLUDE COMMISSIONER ALEXANDER. RETRACT MY MOTION AND I MOVE WE TABLE IS CONTINUE THIS CONVERSATION TO A POINT IN TIME TO INCLUDE COMMISSIONER ALEXANDER AS A PART OF THIS DISCUSSION AS WELL AS VOTING ON THIS PARTICULAR AMENDMENT.

>> I THINK WE HAVE TO DO IT TO A SPECIFIC TIME.

>> I SAID THAT. IT CAME BACK NO.

>> MAKE THE MOTION, TOM.

>> I MOVE WE TABLE THIS DISCUSSION FOR A DATE CERTAIN OF

APRIL 19TH. >> SECOND.

>> OK. CALL THE ROLE, PLEASE.

(ROLE CALL) >> SO THE NEXT ITEM IS A

[d. Legislative Hearing - Ordinance 21-003- Text amendment to Chapter 28, Creation of Special Use Permit. FIRST READING]

LEGISLATIVE HEARING AND IT IS ORDINANCE 21-003, ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORTH PIERCE FLORIDA AMENDING

28, ARTICLE 2 -- >> ONE MINUTE, LADIES AND GENTLEMEN, IF YOU WOULD HAVE YOUR CONVERSATIONS OUTSIDE, I WOULD APPRECIATE IT TO MOVE ON WITH THE MEETING.

BUT. >> SO ORDINANCE 21-003, BY THE CITY COMMISSION AMENDING CHAPTER 28, OF THE CODE OF PARKS AND RECREATION, PROTECTING ACTIVITIES, AMENDING 28-36 TO ADD SPECIAL USE PERMIT REQUIRED, AMENDING 28-37, APPLICATION FOR SPECIAL USE PERMIT AND 26-38 AND 28-39, SPECIAL USE PERMIT APPLICATION AND AMENDING 28-40, APPEAL OF DENIAL IS SPECIAL UNIT DENIAL AND DUTIES OF PERMIT AND 28-42, INTERFERENCE, 28-43,

[03:05:07]

REVOCATION OF PERMIT, AND PROVIDING FOR EFFECTIVE DATE AND

THIS IS THE FIRST READING. >> MR. REELS AND MR. ADEER,

WHO WILL GO FIRST? >> GOOD EVENING.

THIS DATES BACK TO 2018, WHEN THE PARK'S ADVISORY COMMITTEE WAS TASKED WITH TRYING TO FIND A SOLUTION TO SOME CONCERNS THAT COME TO OUR ATTENTION WITH SOME HOME-BASED BUSINESSES AND IT FOCUSED ON WATER SPORTS. A LOT HAS HAPPENED AND THE CODE HAS BEEN REWRITTEN AND WE HAVE DEALT WITH A PANDEMIC.

>> BUT OTHER THAN THAT -- >> NOT MUCH GOING ON.

HAVE BEFORE YOU IS THE FINAL ORDINANCE, THE FINAL DRAFT FOR YOUR APPROVAL AND WITH ME TONIGHT IS THE NEWLY REAPPOINTED CHAIR AND I ASKED MISS ADEER ON THE ORGANIZE NATION OF THE TASK AND HOW THIS CAME ABOUT. SO WE DO NOT HAVE A IF YOU PRESENTATION. I DID INCLUDE IN THE BACK OF THE DOCUMENTATION THE ORGANIZE FAL L PRESENTATION ON APRIL OF 2019 AND WE'RE HERE TO ANSWER MY QUESTIONS.

>> ANY HIGHLIGHTS TO SHARE WITH US, CHARLENE?

>> THE CHALLENGE WAS TO BE BUSINESS FRIENDLY AND THAT'S WHAT YOU TASKED US TO DO, BE BUSINESS FRIENDLY, BUT ALSO HAVE OUR PARKS RELAXING AND SAFE AND IT WAS A WAY TO FIND A BALANCE TO INITIATE THIS ADDITIONAL SPECIAL USE PERMIT AND THIS IS FOR VENDORS WHO WANTED TO -- WELL, THEY WANTED TO DO EVERYTHING IN OUR PARKS, BUT OUR ORDINANCE CLEARLY DENIED THEM DOING ANYTHING. AND SO, WHAT YOU COMMISSIONED US TO DO WAS TO FIGURE OUT A WAY TO MANAGE THIS RATHER THAN TO SAY NO. AND SO THE SPECIAL USE PERMIT WAS CREATIVE AND IT DOES NOT ALLOW ANY VENDING IN ANY PARKS AND I WANT TO REEMPHASIZE THAT FOR ANYONE LISTENING.

WHAT IT DOES DO IS TO ALLOW ANY VENDOR TO APPLY FOR A PERMIT FOR SPECIFICALLY DEMONSTRATING AND DELIVERING IN A PARK AND THIS IS NOT OVERALL. THIS IS SPECIFIC PARK AND COULD BE SPECIFIC TIME FRAMES AND SPECIFIC WAYS.

>> SO YOU COMBINE BUSINESS FRIENDLY WITH SAFETY AND REGULAR USE FOR OUR CITIZENS OF THE PARK? RIGHT, FINE IN SOME PARKS AND NOT FINE IN OTHERS.

>> SO THIS IS THE FIRST READING. SO I READ THIS EXTENSIVELY BECAUSE I WANT TO UNDERSTAND HOW WE GOT HERE, RIGHT? AND SO, YOU SAY SPECIFIC PARKS DIDN'T SO WE ALL PROBABLY THOUGHT THE WATER PARKS BECAUSE I READ THAT POWER BOATS AND JET SKIS, ET CETERA. ALTHOUGH THERE'S A PROCESS IN WHICH A NUMBER OF AGENCIES AND DEPARTMENTS WOULD HAVE TO SIGN OFF ON, WOULD IT ARE PRECLUDE SOMEONE FROM DEMONSTRATING IN A PARK, MAYBE NOT IN THE WATER AND MAYBE YOU TAKE THEM SOME OTHER PLACE AND IF I WANT TO DEMONSTRATE A JET SKI ON NORTHWEST PIONEER PARK IN THE CITY OF FORT PIERCE, COULD I

PULL A PERMIT FOR THAT? >> IT INCLUDES ALL OF THE PARKS AND ALL OF THE ACTIVITIES. IN FACT, I THINK SOME OF YOU BROUGHT IT UP, THAT'S RIGHT. YOURS WAS THE BASEBALL ONE,

WASN'T IT? >> THAT'S RIGHT.

>> THE BASEBALL THING THAT WE WANT TO DEMONSTRATE IN DREAMLAND

PARK. >> RIGHT.

>> INCLUDING ALL OF THE PARKS AND ANY TYPE OF VENDOR.

>> I BROUGHT UP DREAMLAND PARK SPECIFICALLY AND MARIBELL PARK

[03:10:02]

BECAUSE THERE ARE YOUTH ACTIVITIES AND BEING A BASEBALL AND SOFTBALL GUY, AND WHAT HAPPENS DURING LITTLE LEAGUE SEASON THERE WAS A SPONSORED EVENT AT DREAMLAND PARK AND THEY WANTED TO BRING BAT VENDORS? THAT'S ILLEGAL IN TODAY'S CODE.

THEY K APPLY AND IT WOULD BE A SPECIAL USE.

>> MAYBE I'M THINKING TOO FAR INTO IT, BUT IT'S A CONCERN AND THAT MAKES SENSE TO DEMONSTRATE BASEBALL BUT THAT WOULDN'T STOP ME IF I WANTED TO DEMONSTRATE A JET SKI.

>> YOUR BUSINESS PLAN, NOT MINE.

>> I'M JUST TRYING TO HAVE US THINK ABOUT THIS, RIGHT, AND WE DON'T KNOW WHERE THIS IS GOING BUT AS I READ INTO THIS FURTHER, WE HAVE TO THINK A LITTLE BIT OUT OF THE BOX.

WHERE I'M COMFORTABLE IS THAT THE PERMISSION PROCESS, IT ROUTES THROUGH A NUMBER OF DEPARTMENTS THAT COULD BRING UP SAFETY CONCERNS AND CHALLENGES AND COULD OBJECT IF THERE WAS SOMETHING E DIDN'T THINK T IT IS DEMONSTRATION.

THEY'RE NOT SELLING BUT IT IS A DEMONSTRATION AND NOW WE HAVE SOMETHING THAT COULD CAUSE ISSUES, CHALLENGES, ELSE, THAT WE HADN'T THOUGHT ABOUT. AS I SEE MORE IS MORE, I'M TRYING TO MAKE SURE WE HAVE THINGS IN THE PROCESS.

IF WE CAN CATCH 90% OF IT, I'M COMFORTABLE.

>> THE OTHER PARTS OF THE CONVERSATION, IT WAS CURRENTLY THE WAY THE CODE READS, YOU KNOW, WE HAVE A LOT OF BOAT BUILDERS IN THE CITY OF FORT PIERCE.

AND THEY BRING THEIR BOAT TO THE BOAT RAMP AND DEMONSTRATE TO SAY LOOK HOW NICE MY BOAT IS, CAN'T DO IT.

GUESS WHO OWNS THE BOAT RAMPS? >> I UNDERSTAND.

>> RIGHT HERE. >> IT MAKES SENSE TO ME AND I'LL HAVE MY CONVERSATION WITH THE ATTORNEY.

YOU KNOW, I JUST THINK WE HAVE TO THINK ABOUT THINGS THAT DON'T NECESSARILY WE KNOW ABOUT OUR HAVE IN OUR CAPACITY BECAUSE WHO'S TO SAY THERE COULDN'T BE A SOCIAL DEMONSTRATION ON HOW TO

SOCIALLY DEMONSTRATE? >> YOU'RE RIGHT.

>> SO NOW WE HAVE TRAINING ON SOCIAL DEMONSTRATION OF HOW TO SOCIALLY CHALLENGE AND DEM DEMONSTRATE THE SYSTEM WHICH COULD INVITE ALL CASTS AND CHARACTERS OF ALL SHAPES AND COLORS TO OUR AREA AND NOW WE HAVE THOSE CHALLENGES.

I WANT US TO THINK ABOUT THIS AND ENGAGE OUR COMMUNITY BECAUSE WE DON'T KNOW WHAT WE DON'T KNOW BUT I KNOW THERE ARE PEOPLE

LOOKING TO SUBVERT. >> MR. SWEENEY AND I HAD THIS CONVERSATION. I BROUGHT UP THE QUESTION, WHAT'S THE ROUTING PROCESS? WALK ME THROUGH.

I'M THE APPLICANT AND WHO'S DESK DOES IT HIT FIRST AND LAST.

>> COMMISSION OR JOHNSTON, THE PROCESS WILL START WITH OUR STAFF AND I KNOW -- I DON'T BELIEVE IT WILL GO TO HIM.

I THINK HE WILL DESIGNATE THIS TO ME FOR REVIEW.

ULTIMATELY, I'LL HAVE MY HANDS IN THIS, AS WELL.

>> DO WE HAVE THE OPTION POTENTIAL REVIEW BY OUR RISK MANAGER? BECAUSE IT SEEMS TO ME THAT COULD BE A PART OF THIS PROCESS, POTENTIALLY?

>> ABSOLUTELY. >> I'LL ASK MR. MIBBS, IS THAT SOMETHING YOU'VE GIVEN AUTHORITY TO OUR RISK MANAGER TO DO IN THE

PAST? >> IN THE PAST, THE RISK POSITIONER REVIEWS WHATEVER IS FORWARDED TO HER.

[03:15:03]

TYPICALLY IT IS ON A SPECIAL CIRCUMSTANCE.

WITH SPECIAL EVENT PERMITS AND NOW WITH A SPECIAL USE PERMIT, IT WILL BE ADMINISTRATIVELY HANDLED BY THE PUBLIC WORK'S DEPARTMENT IS ROUTED TO INCLUDE THE POLICE AND IF WE NEED OUR RISK MANAGER TO LOOK AT IT, SPECIFICALLY FROM THE STANDPOINT OF THE INSURANCE PROVISIONS, THE RISK TO THE CITY.

AS FAR AS PUBLIC SAFETY, WE HAVE POLICE AND THE PUBLIC FACILITIES AND FACILITIES, THAT'S THE PUBLIC WORK'S DEPARTMENT.

SO THIS PROBABLY WILL NOT DEVIATE FROM THE CURRENT PROCESS

FOR THE SPECIAL EVENT PERMIT. >> COMMISSION JOHNSTON, IN ADDITION, THE SPECIAL EVENT PERMIT IS STILL THERE AND IF SOMEONE WANTED TO DO SOMETHING ONE TIME, THEY HAVE THAT SPECIAL EVENT AVENUE THEY COULD TAKE. THIS IS MORE FOR THE REPEATED

USE FOR WORKS. >> OK.

>> AND IT SOUNDS TO ME LIKE THERE'S -- IF THERE WAS SOMETHING THAT YOU FELT NEEDED LIKE YOU WANTED MORE INFORMATION, YOU COULD GO TO SOMEBODY ELSE AND SOME THINGS WOULD BE VERY EASY, BUT MIGHT BE THINGS TO SEEK OUT AN EXPERT.

>> ABSOLUTELY. NOT EVERYTHING GOES TO EVERY DEPARTMENT. IT'S SOUTH KOREANED SOUT

NEED TO BE ROUTED ARE ROUTED. >> MIKE DOESN'T HAVE A PROBLEM CALLING ME AT WEIRD HOURS OF THE NIGHT, WE HAVE A WEIRD PERMIT, N AND LET'S TALK ABOUT IT.

>> I WAS GOING TO SAY, IN THE LINE, IT SAYS REQUESTED LINK AND IT'S UP TO SIX MONTHS OR 12 MONTHS SO THAT WOULD BE MY -- MAKE SURE THE SPECIAL EVENT APPLICATION IS STILL IN EFFECT.

>> AS MANY EVENTS AS WE HAVE, ONCE, MAYBE TWICE A YEAR.

>> IN WORKING WITH MR. RIOS, ONE OF THE THINGS AND MAYBE MAKE CAN SCROLL DOWN IN THE SECOND PAGE HERE OR THIRD PAGE, SECTION THREE, JUST DOWN FURTHER, YOU'LL SEE THE LAST LINE THERE UNDER SECTION 3, CONTINUING THE SPECIAL PERMITS FOR ISSUANCE BY RESOLUTION AND WE WANTED TO PUT THAT PROTECTION FOR YOU TO HAVE THE FINAL SAY ON, WE WANT TO TAKE IT SLOW AND ISSUE FIVE THIS FIRST YEAR OR TEN OR 100, AND BE OF COURSE, RESOLUTION CAN BE CHANGED MUCH MORE EASILY THAN AN ORDINANCE AND THEREFORE, WE WANT

AN IMPLICATION TO RESOLUTIONS. >> THANK YOU FOR THAT AND I REMEMBER READING IT BEFORE I THINK WE TALKED ABOUT IT.

WITH THE THREE CONDITIONS, IF THERE WAS A LOT OF ATTRACTION TO JC PARK AND ALL OF A SUDDEN, WE HAVE FIVE APPLICATIONS IN FOR FIVE, 12-MONTH USE PERMITS, WAIT, A MINUTE, WE'LL ISSUE FOR A YEAR, THREE MONTHS TWO A YEAR FOR SIX MONTHS.

AND WE HAVE THAT OPTION. >> BUT IT WILL ONLY HAPPEN IF WE

REQUEST IT HAPPENS. >> YOU SHALL DETERMINE THE

RESOLUTION BUT THAT'S UP TO YOU. >> ANY OTHER QUESTIONS? THIS IS A PUBLIC HEARING AND ANYONE WISHING TO SPEAK, PLEASE COME FORWARD. SEEING NO ONE, I WILL CLOSE THE PUB PUBLIC HEARING.

>> I MOVE TO APPROVE AND THANK YOU TO THE TEAM.

>> IS THERE A SECOND. >> SECOND.

>> AND CALL THE ROLE, PLEASE. , PLEASE.

PAIR . (ROLE CALL).

[e. Legislative Hearing - Ordinance 21-004 - extending the territorial limits of the City of Fort Pierce, to include two (2) properties at or near 2398 Peters Road in Fort Pierce, Florida. FIRST READING]

>> A LEGISLATIVE HEARING ON ORDINANCE 21-004, ORDINANCE EXTENDING LIMITS OF THE CITY OF FORT PIERCE FLORIDA TWO PARCELS NEAR 2398 PETERS ROAD AND SHOWN ON EXHIBITS A, DIRECTING THE ST. LUCIE PROPERTY ON THE TAX ROLES DIRECTING THE TAX COLLECTOR TO COLLECT TAXES, ESTABLISHING THE ZONING DESIGNATION, STAKING THE LAND USE, DIRECTING REVISION OF THE

[03:20:02]

BOUNDARY ARTICLE TO BE FILED WITH THE DEPARTMENT OF STATE FOR ECONOMIC AND DEMOGRAPHIC RESOURCE AND REPEALING ALL ORDINANCES AND AN EFFECTIVE DATE.

THIS IS THE FIRST READING. >> MADAM MAYOR, BEFORE YOU THIS EVENING IS AN APPLICATION FOR ANNEXATION AT APPROXIMATELY 2398 PETERS ROAD AND IT HAS A ST. LUCIE LAND USE OF FIXED UTILIZATION AND OUR MIXED USE CATEGORY AND HAS A ZONING OF RS2, AND GIVEN OUR ZONING OF E2 SINGLE DWELLING.

IT MEETS THE PLANNING STAFT THE CITY COMMISSION APPROVE THE ANNEXATION OF THE CITY COMMISSION TO RECOMMEND APPROVAL AND THE BOARD VOTED 7-0 OR YOU CAN RECOMMEND DISAPPROVAL AND I'M AVAILABLE FOR ANY QUESTIONS YOU MAY HAVE.

>> QUESTIONS FROM STAFF. >> ONE QUICK ONE.

IT'S RARE WE GET AN ANNEXATION WITHOUT SOMETHING EXTRA.

>> WE HAVE A FUTURE LAND USE BEHIND THIS.

>> AND WHAT ABOUT THE ULTIMATE OWNER USE.

>> WE HAVE A DEVELOPMENT REVIEW IN THE TRC STAGE.

>> SO THERE'S SOMETHING HAPPENING.

>> THANK YOU. >> THIS IS A PUBLIC HEARING, ANYONE WISHING TO ADDRESS THIS ISSUE, PLEASE COME FORWARD.

SEEING NO ONE, I'LL CLOSE THIS AND ENTERTAIN A MOTION.

>> A MOTION IS A SECOND, CALL THE ROLE.

(ROLE CALL). >> AND NEXT ORDINANCE 21-005, BY

[f. Legislative Hearing - Ordinance 21-005 seeking a Future Land Use Map Amendment for a property located at 2564 South Kings Highway from Mixed Use (MXD) to General Commercial (GC) FIRST READING ]

THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, TO CHANGE THE DESIGNATION OF A PARCEL AT OR NEAR 2564 SOUTH KING'S HIGHWAY FROM CITY OF FORT PIERCE USE TO COMMERCIAL PROVIDING FOR A SEVERABILITY CLAUSE FOR ORDINANCES AND PARKS

THEREOF. >> I'LL DO ONE PRESENTATION AND WE'LL GO THROUGH THE LEGISLATIVE HEARING AND WE'LL MAKE A DECISION ON THE LEGISLATIVE HEARING AND I'LL STOP AND MISS COX WILL OPEN UP AND WE'LL MAKE A MOTION.

>> THIS WAS ANNEXED INTO THE CITY LIMITS AND THIS IS MXD MIXED USE AND THEY ARE REQUESTING GC CONDITIONAL.

THIS IS TWO DWELLINGS AN ACRE AND C3 GENERAL.

THE REQUEST IS -- SORT OF STAFF RECOMMENDS AS IT IS CONSISTENT WITH THE FUTURE LAND USES AND CONSISTENT WITH 125, 126 IN THE PRIVILEGE PLAN AND DOES NOT A AFFECT THE HEALTH AND WELFARE AND THEY VOTED 7-0 FOR APPROVAL AND THERE'S A DEVELOPMENTAL REVIEW FOR A MIXED USE OR A RV STORAGE AND FLEX OFFICE WAREHOUSE SPACE. SO FOR THE FUTURE LAND USE TO APPROVE THIS AND RECOMMENDING APPROVAL AND IT WAS VOTED 7-0 OF THE REQUEST AS PRESENTED OR YOU CANDIES APPROVE AND I'LL STOP

RIGHT HERE. >> ANY QUESTIONS? THIS IS A PUBLIC HEARING AND ANYONE WISHING TO ADDRESS THIS,

PLEASE COME FORWARD. >> GOOD AFTERNOON.

I'M BRAD CURRY REPRESENTING THE PROPERTY OWNER AND THE APPLICANT. I DON'T HAVE ANYTHING ELSE TO HAVE. STAFF HAS BEEN A PLEASURE AND WE'RE EXCITED TO MOVE THIS FORWARD.

BE HAPPY TO ANSWER ANY QUESTIONS.

>> ANY QUESTIONS OF THE APPLICANT? ANYONE ELSE WISHING TO ADDRESS THE ISSUE?

WE'LL ENTERTAIN A MOTION. >> MOVE FOR APPROVAL.

>> SECOND. A MOTION AND SECOND.

CALL THE ROLE. (ROLE CALL).

[g. Quasi-Judicial Hearing - Ordinance 21-006 rezoning a property located at 2564 South Kings Highway from Residential Single Family, 2 du/ac (E-2) to General Commercial (C-3). FIRST READING]

>> THE NEXT I'M IS A QUASI JUDICIAL HEARING.

SO THIS IS ORDINANCE 21-0006, ORDINANCE BY THE CITY COMMISSION OF FORT PIERCE, FLORIDA, REZONING AND PARCEL LOCATED --

[03:25:01]

THAT'S NOT THE RIGHT ONE, IS IT? GENERALLY LOCATED AT OR NEAR 2564 SOUTH KING HIGHWAY FROM CITY OF FORT PIERCE SINGLE FAMILY, TWO UNITS PER ACRE TO C3 PROVIDE FOR SEVERABILITY CLAUSE FOR REPEAL OF ORDINANCES OR CONFLICT AND PROVIDING FOR EFFECTIVE DATE. THIS IS THE FIRST READING.

>> HAVE WE MET THE ADVERTISING REQUIREMENTS.

>> WE HAVE. >> CAN YOU CHECK FOR EX PARTE

COMMUNICATIONS. >> ANYONE HAVE ANY EX PARTE COMMUNICATIONS? (ROLE CALL).

>> I'M GOING SAY YES. I BELIEVE THIS IS WHERE WE HAD TO TALK TO OUTSIDE COUNSEL AND GIVE A LETTER.

IS THIS MISS ANGELOS? >> I DON'T REMEMBER THAT.

>> IT'S A DIFFERENT ONE. >> OX.

OK, THEN NO.

>> COMMISSIONER PERONA AND MAYOR HUDSON.

SWEARING IN WITNESSES. >> SO TO REITERATE, THIS IS FOR A PROPERTY AT 2564 SOUTH KINGS HIGHWAY IS THE REQUEST IS FOR TWO DWELLINGS AN ACRE TO C3 TO COMPLEMENT THE LAND USE YOU JUST VOTED ON. POSSIBLE ACTIONS BY THE CITY COMMISSION TO APPROVE THE ZONING MAP AMENDMENT AND STAFF IS AMENDING APPROVAL AND VOTING 7-0 FOR APPROVAL AND I'M AVAILABLE

FOR ANY QUESTIONS YOU MAY HAVE. >> BOY, THAT WAS QUICK.

ANY QUESTIONS?

>> THIS IS A PUBLIC HEARING, ANYONE WISHING TO ADDRESS THE COMMISSION, PLEASE COME FORWARD. SEEING NONE, WE CLOSE THE

HEARING. >> MOVE TO APPROVE.

>> SECOND. >> CALL THE ROLE, PLEASE.

(ROLE CALL). >> NEXT WE HAVE ORDINANCE

[h. Legislative Hearing - Ordinance 21-007 Text Amendment of Chapter 4 and Chapter 125 to amend the minimum distance requirements for the consumption of alcoholic beverages on or off-premises and to make properties with C-6 Zoning eligible to obtain an alcoholic beverage license. FIRST READING]

21-007, ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FORT PIERCE, THREE, CODE TWO OF ORDINANCES, SUBPART A, GENERAL ORDINANCES, CHAPTER 4, ALCOHOLIC BEVERAGES, SECTION 4-6, AREAS FOR SALE OF ALCOHOLIC BEVERAGES AND DISTANCE RESTRUCTIONS ESTABLISHED FOR CONSUN CONSUMPTION, LIMITING DISTANCE RESTRUCTIONS FOR PROPERTY, FRONTING CERTAIN ROADWAYS AND PROVIDING FOR THE SUBSEQUENT ESTABLISHMENT OF RELIGIOUS INSTATIONS OR SCHOOLS WITHIN 50D VENDOR OF ALCOHOLIC BEVERAGES, AMENDING CHAPTER 125, SUBSECTION IS 25-1 FOR ALCOHOLIC BEVERAGES, TO ALLOW FOR PROPERTIES IN THE MARINE COMMERCIAL C6 TO SELL ALCOHOLIC BEVERAGES PROVIDING FOR SEVERABILITY CLAUSE REPEALING ALL PARTS THEREOF AND FOR AN EFFECTIVE DATE. THIS IS THE FIRST READ.

>> PROCEED. >> THANK YOU, MA'AM.

>> GOOD EVENING, MADAM MAYOR AND COMMISSIONERS.

THE FIRST OF TWO AMENDMENTS BEFORE YOU ARE TO CHAPTER 4 AND 125 AND THEY DEAL WITH THE AREA OF SALES FOR ALCOHOLIC BEVERAGES? IS AN ITEM THAT WENT BEFORE THE CONFERENCE AGENDA. YOU ALL GAVE US AN IDEA OF WHAT DIRECTION TO GO IN AND WE TOOK THAT AND COMPARED IT OTHER CITIES AND COUNTIES AND BROUGHT THAT BACK AND YOU GAVE US MORE INPUT AND WHAT YOU HAVE BEFORE YOU IS OUR FINAL RECOMMENDATION TO THIS COMMISSION. IS THESE ARE THE CITY AND COUNTY COMPARISONS THAT WE BROUGHT BEFORE YOU AND LOOKED AT.

YOU CAN SEE THERE'S A WIDE RANGE OF DISTANCES FROM SCHOOLS, FROM RELIGIOUS FACILITIES, FROM OTHER LIKED ESTABLISHMENTS IS PARKS AND PLAYGROUNDS AND RAN THE GAMUT IN TERMS OF WHAT THAT MINIMUM DISTANCE WOULD BE. SO HERE IS THE APPROACHED TEXT AMENDMENT AS WE HAVE RECOMMENDED TO YOU ALL AT THE CONFERENCE AGENDA, AS WELL AS TO PLANNING BOARD.

SO AS YOU CAN SEE, THIS IS THE TABLE, WHAT YOU SEE IS THE TABLE LOCATED IN CHAPTER 4. ON THE LEFT, THERE ARE THE TYPES OF INSTITUTIONS WHICH MAY APPLY TO SELL BEVERAGES, ALCOHOLIC BEVERAGES AND ON THE TOP IS THE TYPE OF LICENSE.

YOU CAN GET ON-PREMISE CONSHIP CONSUMPTION OR OFF-PREMISE

[03:30:03]

CONSUMPTION AND THEN THE DISTANCE BETWEEN A RESTAURANT AND SCHOOL AND THAT'S HOW YOU DO THAT.

WHAT WE'RE PROPOSING IS TO TO -- SOMEONE -- I'LL GO FROM RIGHT TO LEFT. ONE OF THE BIGGEST REQUESTS THAT WE HAVE BEFORE THIS COMMISSION, FOR THOSE WAIVER OF DISTANCE REIMBURSEMENTS THAT WE HAVE AS PART OF GETTING THAT LICENSE HAVE BEEN FROM RESTAURANTS NEXT TO RESTAURANTS.

AND THAT IS BY FAR AND LARGE THE ONE THAT WE'VE SEEN THE MOST AND THAT MADE THE MOST SENSE FOR US TO ELIMINATE.

SIMPLY BECAUSE OF THE LOCATION OF WHERE TEASE THESE RESTAUR.

AND THAT'S THE FIRST THING THAT WE ELIMINATED.

IN ADDITION TO BARS AND LOUNGESES LOUNGES AND OTHER BARS AND LANGUAGES AND OTHER BARS AND NIGHTCLUBS.

SO WE'RE GOING ELIMINATE THAT MINIMUM DISTANCE REQUIREMENT FROM LIKE TO LIKE. DIDN'T THEN AND THEN MOVINL REDUCE THE DISTANCE BETWEEN SCHOOLS AND THE THREE USES.

AND THIS IS VERY MUCH IN KEEPING WITH WHAT OUR NEIGHBORS IN PORT ST. LUCIE AND THE COUNTY ARE DOING.

WE'RE, HOWEVER, MORE RESTRICTIVE THAN THE COUNTY -- NO, LESS RESTRICTIVE THAN THE COUNTY AND MORE RESTRICTIVE THAN PORT ST. LUCIE AND WE'RE BY FAR NOT THE LESS RESTRICTIVE AND RIGHT IN THE MIDDLE. TO THE LEFT, I'VE USED THAT STANDARD THE SAME AS USING TO THE LEFT FROM RELIGIOUS INSTITUTIONS. AGAIN, WE'RE REDUCING THIS FROM 1600 TO A THOUSAND FEET IS WE'RE RIGHT IN THE MILL.

IT'S MIDDLE. IT'S ADDRESSES THE CONCERNS FROM APPLICANTS COMING FROM THIS COMMISSION AND ASKING FOR A WAIVER OF DISTANCE AND WE STILL RESPECT THAT DISTANCE.

AS WE MOVE DOWN, WHAT I'VE REMAINED UNTOUCHED ARE THE DISTANCES. WE HAVEN'T RECEIVED A LOT OF REQUESTS FOR THE WAIVERS. QUITE FRANKLY, NEAR WORKING G FROM THOSE TYPES OF USES AND IT IS PRETTY MUCH IN KEEPING WITH WHAT THE COUNTY AND WITH WHAT PORT ST. LUCIE ARE DOING.

THERE'S NOT ONE TARGET THAT I COULD HIT THAT WOULD SAY, OK, WE'RE SMACK IN THE MIDDLE OF EVERYTHING.

AS WE MOVE DOWN THIS PROPOSED TEXT AMENDMENT, YOU'LL SEE I HAVE ADDED TO THE AREA THAT GIVES A WAIVER TO THE DISTANCE REQUIREMENTS AND TODAY WE HAVE THE DOWNTOWN BUSINESS AND ENTERTAINMENT OVERLAY DISTRICT GIVEN A WAIVER FROM THE REGULATIONS. I'VE LOOKED AT A MAP WHERE WE HAVE ACTUALLY ISSUED THE LICENSES.

I LOOKED AT WHERE THESE THINGS ARE AND SO PREDOMINANTLY WHAT I FOUND WERE AREAS AROUND ORANGE AREA ALONG THE ART'S DISTRICT ALONG OKEECHOBEE WHICH WOULD MAKE SENSE.

YOU START TO SEE THESE BIG USES. IF YOUR PARCEL DISTANT TOUCH THE RIGHT-OF-WAY, IT WAS THE EASIEST WAY TO APPLY THIS AND SOMEONE MAY SAY RIDE RIDE IN BACK OFL THAT TOUCHES THE STRATEGY.

STREET. YOU HAVE TO ABIDE BY THIS TABLE, BUT THAT GIVES THEM MORE PER PERMISSIONS AND THOSE LIKE FOR LIKES ADDRESSES A LOT OF THOSE, TOO, BECAUSE THE RESTAURANTS AND BARS BEHIND THE ONES ON U.S. HIGHWAY 1, THOSE DISTANCE REQUIREMENTS ARE GONE NOW AND THEY'RE TAKING CARE, MORE THE MOST PART. DID I CAPTURE EVERYONE? NO. BUT FOR THE MOST PART, I DID, JUST SEEING WHERE THESE ESTABLISHMENTS ARE LOCATED.

>> CAN I ASK A QUESTION? >> YES.

>> DID WE TALK ABOUT THAT ON THE FRONTAGE?

>> WE DID NOT. I BROUGHT THIS IN AFTER I HAD SPOKEN TO ALL OF YOU AND I THOUGHT, WELL, WHAT'S A COMMON -- WHAT MAKES SENSE AND BASS

[03:35:02]

WHAT'S A COMMON SENSE APPROACH TO WHERE IT WOULD BE APPLICABLE

AND NOT APPLICABLE? >> I LOVE IT, BUT IT BRINGS BACK MY DAYS ON THE PLANNING BOARD. YEARS AGO, THERE WAS AN APPLICATION FOR AN ESTABLISHMENT ON U.S. 1 AND BEHIND THE ESTABLISHMENT, THEY WERE ASKING FOR THE CONSUMPTION, ON PREMISEE CONSUMPTION AND I THINK I LEAD THE CHARGE ON THIS.

IT WAS THE DECISION OF THE DAY, THAT WE VOTED TO DENY IT AS A PLANNING AGENCY AT THAT TIME BECAUSE IT BACKED UP TO -- I'M SORRY, IT FRONTED RESIDENTIAL. SO I'M GOING TO ASK THE QUESTION -- I AGREE WITH IT AND LOVE THE ECONOMIC OPPORTUNITY PORION. BUT FROM A PLANNING PERSPECTIVE, GOING BACK TO THAT, SHOULD WE JUST EXEMPT IT BECAUSE IT FRONTS U.S. 1 AND THAT WAS THE CASE IN THIS EXAMPLE?

>> IN THAT EXAMPLE, THERE WAS ANOTHER MITIGATING FACTOR?

>> THERE WAS. >> OUR TABLE DOESN'T.

IT MUST HAVE BEEN IT WAS NEXT TO ANOTHER SCHOOL, SO, AGAIN, WE HAVEN'T ELIMINATED THAT REQUIREMENT AND SO YOU HAVE TO BE AT LEAST A THOUSAND FEET AWAY AND SO IN THOSE CASES, IF THAT IS, LET'S SAY IT WAS A SCHOOL, IF THAT ISN'T A THOUSAND FEET AWAY, IT'S SUBJECT BEFORE YOU IF THEY WANT A WAIVER OF DISTANCE OR THEY CAN'T GET THEIR LICENSE. THE ONLY THING I'VE LOP ELIMID IS LIKE FOR LIKE. I TRACED BACK AT LEAST FIVE YEARS OF THE TYPES OF WAIVERS THAT GO BEFORE -- WAIVERS OF DISTANCES FROM ALCOHOLIC BEVERAGES HAVE TO BE APPROVED BY CITY COMMISSION. I LOOKED AT WHAT WAS GRANTED AND NOT GRANTED. WHEN I GOT AN IDEA OF THE TYPES OF REQUESTS COMING FORWARD, BY FAR IS LARGE, THEY WERE LIKE FROM LIKE. I THOUGHT THAT WAS THE FIRST THING TO TACKLE WHEN I LOOK AT THIS.

INDEED, THAT'S WHAT WE HAVE ADDRESSED HERE.

SO WHAT I DIDN'T WANT TO DO WAS ELIMINATE THE DISTANCE COMPLETELY BECAUSE A, WE WEREN'T GETTING A LOT OF REQUESTS FOR THEM AND B, WE WERE GETTING REQUESTS FROM NEIGHBORHOODS AND BUSINESSES WE DON'T WANT THIS ELIMINATED AND WE WANT A MINIMUM DISTANCE BETWEEN THESE USES. I STARTED TO COMPARE AND THAT'S THE PROPOSAL BEFORE YOU. WHY DID I PICK THESE CORRIDORS? ON THE MAP, THIS IS WHERE THE LICENSES ARE ISSUED.

>> THE WORD AND DOESN'T INCLUDE THOSE PROPERTIES? I GUESS I'M JUST CONFUSED. JUST HELP ME TO BE CLEAR BEFORE I GET TO VOTE ON IT. IF I HAVE AN APPLICATION, IT FRONTSES FRONTS U.S. 1.

I SEE IT AND, IS IT EXEMPT OR NOT EXEMPT?

>> IF IT FRONTS U.S. 1, IT'S EXEMPT FROM THESE RULES.

>> THAT'S MY STRUGGLE. THAT'S MY STRUGGLE.

IT'S THE WORD AND. I THOUGHT I READ IT THAT WAY.

YOU HAVE THE ABILITY TO LIMIT ANYTHING I'M ADDING.

IT READS THE BUSINESS DISTRICT IS EXEMPT.

>> I'M FIGHTING AN INTERNAL BATTLE.

IT'S AN ECONOMIC OPPORTUNITY. BUT WHEN I HAVE SCHOOL RIGHT BEHIND AN ESTABLISHMENT ASKING FOR ON-PROMISE CONSUMPTION, THERE MAY BE FOLKS SAYING TIME-OUT.

>> BASED ON WHERE I RESEARCHED THE PINS ON THE MAP, SCHOOLS ARE NOT THE ONES IMPACTED. IT'S THE RELIGIOUS INSTITUTIONS BECAUSE THEY'RE THROUGHOUT THE CITY AND THEY'LL FIND ACROSS THE STREET, ONE PARCEL BACK OR IN BACK OF THESE PARCELS.

AND SO, AT THIS POINT, LIKE I SAID, WE'RE TRYING TO ADDRESS THE REQUESTS BEFORE YOU, BUT ALSO REAL LIFE SCENARIOS OF HOW

THE CITY OPERATES TODAY. >> THESE ARE THE MAIN COMMERCIAL CORRIDORS AND WE'RE ENCOURAGING REDEVELOPMENT.

SOME OF THE PROPERTIES ARE VACANT AND WE'RE NOT ENCOURAGING THE NIGHTCLUB. IT'S THE RESTAURANTS THAT WE WANT TO BE ABLE TO HAVE OPEN ON OUR COMMERCIAL CORRIDORS.

>> AND SO THAT'S MY QUESTION. I'M STRUGGLING WITH THIS, I'LL BE HONEST. BECAUSE WHAT I DON'T SEE ARE HOMES BACKED UP TO WHERE PEOPLE LIVE.

WE HAVE BUSINESSES OPERATING AS A RESTAURANT OR A LOUNGE IN THE EVENING AND I HAVE CHANGE WHERE I CAN OPERATE A RESTAURANT AND

[03:40:02]

THEN IF IT TURNS INTO A LOUNGE THAT EVENING, YOU'VE SHORTENED THE DISTANCE, NUMBER ONE, RIGHT? AND NOW THERE'S NO DISCUSSION HERE FOR HOMEOWNERS THAT LIVE IN THE BACK OF THESE SITUATIONS AND IT'S VERY CONCERNING TO ME. I NOTICE IT'S NOT HERE AND IT'S SOMETHING I'M CURRENTLY DEALING WITH AND HOW OUR CITY HAS BEEN PLOTTED OUT. I'M ALL FOR ECONOMIC GROWTH AND I'M ALL FOR BUSINESS. BUT THE CONTINUATION CONE LOUNGES INTO THE LATE HOURS IN A RESIDENTIAL NEIGHBORHOOD BRINGS ABOUT A LOT OF CHALLENGES FOR ME RIGHT NOW.

I'M GOING TO HAVE TO SIT DOWN AND GET MY HEAD AROUND THIS AND OUR BUSINESS LICENSING AND WHAT YOU'RE TALKING ABOUT IN THESE CORRIDORS. THE WAY SOME OF THIS IS PLOTTED RIGHT NOW, NOT ONLY IS THIS RELIGIOUS INSTITUTIONS COMING IN AND CHURCHES BEING BUILT LITERALLY WITHIN A THOUSAND FEET OF THE PROMISES, I'VE GOT A RESIDENTIAL ISSUE.

AND THAT'S A CONCERN. I HEAR WHAT YOU'RE SAYING ABOUT U.S. ONE AND OKEECHOBEE ROAD AND ORANGE AVENUE BUT WHAT I DON'T SEE IS MLK AND SOME OF THE OTHER AREAS POPPING UP ON.

>> SO WHAT I CAN TELL YOU COMMISSIONER, IS THAT TODAY, IF SOMEONE WERE GOING TO PULL A LICENSE OR TRY TO PULL A LICENSE NEXT TO RESIDENTIAL, THERE WOULD BE TO DISTANCE REIMBURSEMENT FOR THAT AND RESIDENTIAL. THERE'S TO DISTANCE REQUIREMENT.

THE TABLE NEVER HAS THAT REQUIREMENT.% WHERE YOU SAW DISTANCE FROM RESIDENTIAL, OUT OF THAT ENTIRE LIST, ONLY MARTIN COUNTY HAS THE DISTANCE REQUIREMENT BETWEEN RESIDENTIAL AND NONE OF THE CITIES AND NONE OF THE COUNTIES WITH THE ENGINES THE EXCEN COUNTY TO LIQUOR LICENSE DISTANCE REQUIREMENT. AND SO OUR TABLE NEVER HAD THAT RURAL. REQUIREMENT.

I CAN SEE YOU'RE STRUGGLING WITH THAT, BUT TODAY THERE IS ZERO DISTANCE REQUIREMENT. THE DIRECTION I RECEIVED -- OR THAT WE RECEIVED WAS TO REALLY LOOK -- TAKE A COMMON SENSE APPROACH TO WHAT WE'RE DOING IN THE CITY AND LOOK WHERE THE LICENSES ARE ISSUED AND GIVE US SOMETHING THAT MAKES SENSE BECAUSE WE'RE SEEING WAIVER AFTER WAIVER COMING BEFORE THIS COMMISSION AND THAT TELLS US SOMETHING IS OFF.

AND SO THAT'S WHAT I ATTEMPTED TO DO WITH THIS.

WHILE ALSO, AGAIN, LOOKING WHERE THE LICENSES ARE BEING ISSUED.

WHO IS GETTING TEASE GETS AND RAISING THE BIGGEST OBJECTION TO THESE WAIVERS REQUESTED FROM THE CITY COMMISSION? THAT WAS HOW I FORMED THESE RECOMMENDATIONS, IF YOU WILL. THE NEXT SECTION IS SCALES R RELIGIOUS INSTITUTIONS AND WHAT HAPPENS WHEN AN INSTITUTION HAS THEIR LICENSE OR A SCHOOL OR CHURCH MOVES IN AFTERWARDS? OUR CODE DOESN'T SAY WHAT HAPPENS IF THEY LEAVE AND SOMEBODY WANTS TO TAKE OVER WHERE THEY LEFT.

WE SEE THAT A LOT ON U.S. 1. NOW THAT THEY'RE SUBJECT NO THAT DISTANT REQUIREMENT BECAUSE SCHOOL IS THERE.

THE PORT ST. LUCIE AND ST. LUCIE COUNTY TOOK CARE OF THAT FOR US.

WE OFTEN DON'T REINVENT WHEEL BUT TWEAK IT TO SUIT OUR NEEDS.

I TOOK MUCH OF WHAT THEY HAD AND TWEAKED IT TO HAVE 500 NEED WHICH MINIMUMMICS MIMMICKD THAT IS AN ABSOLUTE MINIMUM FOR THESE PARTICULAR USES AND THAT WILL IN NO CASE BE VIOLATED.

THIS ALLOWS A BUSINESS TO BE PROTECTED, IF YOU WILL, IF SCENE SEQUENCE A SCHOOL OR RELIGIOUS FAL FACILY MOVES IN. THAT'S CHAPTER FOUR AND THIS IS CHAPTER 125. I'M ADDING THE C6 DISTRICT.

BECAUSE C6 IS OPERATING UNDER A GRANDFATHER STATUS BUT AT THE VERY LEAST NOW THEY CAN ASK FOR IT AND UNLESS THEY'RE FRONTING

[03:45:03]

ONTO THE CORRIDORS I'M ASKING, THEY'RE SUBJECT TO THAT TABLE.

SO BOTH STAFF AND THE PLANNING POOR HAVE RECOMMENDED THEY APPROVE THIS TO SECTIONS 4-6 AND SECTIONS 125.407 AND I'M AVAILABLE FOR ANY QUESTIONS AND I'LL GO BACK TO THE TEXT I'VE

WRITTEN. >> I'M LOOKING AT ORANGE AVENUE AND WE HAVE THOSE IN THE PEAK ART'S DISTRICT AND I WOULD LIKE YOU TO BE MORE SPECIFIC WHAT YOU'RE SAYING AND WHY YOU'RE

SAYING. >> YES, SIR.

WE'RE DOING OVERLAY DISTRICTS, AS WELL AS AVENUE D DISTRICT AND SINCE HAVING COMMUNITY MEETINGS, THE RESIDENTS THAT HAVE ATTENDED HAVE DESIRES THEY WANT FOR THOSE TWO DISTRICTS.

AS WE CREATE THOSE OVERLAYS IN THE CODE, WE'LL ADDRESS THE SALE OF ALCOHOL AS WELL AS DISTANCES AND WE'LL LOOK AT OTHER FACTORS WITHIN THOSE OVERLAYS AND THEY'LL BE ENCOMPASSED IN MUCH THE SAME WAY THE DOWNTOWN AREA HAS ITS OWN OVERLAY AND THE DOWNTOWN AND AVENUE G WILL HAVE AN OVERLAY FOLDED INTO ALL OF THAT. SO WE'RE NOT FORGETTING ABOUT IT. WE KNOW IT'S DIFFERENT AND WE'LL TREAT IT DIFFERENT AND WE'LL TAILOR IT.

THANK YOU, SIR. >> I LIKE IT.

>> THAT CLARIFIES IT. >> COMMISSIONER.

>> THANK YOU FOR YOUR EFFORT. >> I CAN SEE A LOT OF COMPETING UTILIZATIONS AND I KEEP GOING BACK USES AND I KEEP GOING BACK TO THE 1600.

WHY 1600? >> I KEPT GOOGLING IT.

>> ABOUT TWO BLOCKS. >> AND, YOU KNOW, IT WAS CREATING BACK AT A TIME WHEN WE HAD X AMOUNT OF RESTAURANTS AND CHURCHES AND SCHOOLS AND WE'VE EXPLODED NOW.

SO WHATEVER WAS BACK THEN CAN'T WORK NOW.

IT JUST CAN'T WITH THE INTENTION OF GROWING OUR COMMUNITY ECONOMICALLY, WE HAVE TO BE SENSITIVE TO ALL NEEDS TO MOVE IT FORWARD. I'M TRYING TO THINK, WHEN WAS THE LAST TIME SOMEONE CAME IN FROM, LET'S SAY, A CHURCH AND SAID, HEY, THERE'S A LIQUOR STORE TWO BLOCKS DOWN THE WAY THAT'S CLOSE TO MY ESTABLISHMENT.

I DON'T THINK THAT'S THE INTENT. THE INTENT IS THAT YOU HAVE YOUR RELIGIOUS -- YOUR CHURCH, YOUR CONGREGATION RIGHT THERE AND TO HAVE THIS TYPE OF ACTIVITY NEARBY JUST DOESN'T EVEN SOUND RIGHT. IT SEEMS LIKE IT'S JUST SOMETHING THAT IS PUT IN SOME OTHER AREA.

AND 1600 FEET, YOU COULDN'T THROW A BASEBALL THAT FAR.

SO THIS THING MAKES SENSE TO ME AND WE KEEP TRYING TO GET A NUMBER OF HOW MANY CHURCHES WE HAVE AND IT GROWS EVERYDAY AND SO, REALLY, IF YOU'RE A BAR, LOUNGE OR NIGHTCLUB OWNER, YOU'RE IN BAD SHAPE IF WE KEEP THIS GOING FORWARD AND I THINK THIS IS A GREAT MOVE AND YOU'VE LISTENED TO WHAT WE'VE TOLD YOU TO DO AND AS FAR AS I'M CONCERNED, THIS ACCOMPLISHES

THAT. >> COMMISSIONER JOHNSON --

>> I'M STRUGGLE, MAYOR, I AM. AND MAYBE I'LL COME UP TO SPEED ON THIS. WHY WASN'T IT INCLUDED AND DID I

MISS SOMETHING. >> SO BASED ON MY STUDIES, THE LICENSES ARE ISSUED AND WHERE OUR COMMERCIAL ZONING IS LOCATED, I'M SURE IT WON'T SURPRISE YOU TO LEARN THAT ALONE THE MLK BOULEVARD, THE MAJORITY OF THE PROPERTIES ARE NOT ZONED COMMERCIAL AND NOR DO THEY HAVE A COMMERCIAL LAND USE.

THEY HAVE RESIDENTIAL. THERE'S A VERY SPECIFIC POCKET OF INTERSECTION THAT HAVE COMMERCIAL ZONING AND FUTURE LANE USE AND SO WHERE THE LICENSES ARE PULLED ARE NOT ALONG THE -- THE MAJORITY ARE NOT ALONG MLK.

SO WHEN WE TALK ABOUT PROTECTING RESIDENTIAL USES AND WE TALK ABOUT KEEPING THE DISTANCES, THIS WAS AN AREA, I FELT, BASED ON RESEARCH AND HOW COMMON SENSE APPLICATION AS I SEE IT, IT DOESN'T MAKE SENSE HERE. THIS IS AN AREA THAT ISN'T RIGHT FOR THAT TYPE OF A CHANGE. IT DOESN'T RIGHT FOR THAT EXEMPTION. AND TOO MUCH NEEDS TO HAPPEN ALONG THE POCKETS OF MLK AS YOU MOVE NORTH TO BRING THOSE IN

[03:50:04]

COMMERCIAL CORRIDORS. IT DOESN'T MAKE SENSE FROM OBTAINING A LIQUOR LICENSE AT THIS POINT.

AND TODAY, IN ORDER FOR IT TO DO SO, IT WOULD HAVE TO DO A FUTURE ZONE LANE. THEY WOULDN'T ARE TO COME BEFORE

A CITY COMMISSION FOR A WAIVER. >> SO SOMETHING IS GOING ON ALONG MLK THAT YOU FIND TROUBLING?

>> YES. AND OF THE COMMERCIAL ZONES THAT ARE THERE RIGHT NOW AND COMMERCIAL ENTITY TAZ ENTE OPERATING, I'M CONCERNED AND MY PHONE IS RINGING AND I'M GETTING COMMENTS FROM CITIZENS ABOUT THAT.

AND, YOU KNOW, I JUST -- >> INVOLVING THE SALE OF

ALCOHOL? >> SALE OF ALCOHOL AND THE PROXIMITY. IF I HAD 1600 FEET, IT WOULDN'T BE ENOUGH, BUT LOWERED TO A THOUSAND NOW, 50 FEET, OBVIOUSLY, WITH RESIDENTIAL IS CONCERNING TO ME, AND I UNDERSTAND THAT THE PARK YOU MENTIONED IT'S ZONED REFRESH, RESIDENTIAL, I UNDERSTAND, BUT AS FAST AS PEOPLE ARE TRAVELING UP AND DOWN MLK, PEOPLE WANT TO PUT A HOUSE THERE, YOU SAY THAT WE'RE NOT ZONED COMMERCIAL NOW, BUT NOTHING STOPS THAT ENTITY FROM COMING IN HERE, PETITIONING TO CHANGE ZONES WITH THAT AS DEVELOPMENT COMES. AND SO, THAT'S MY CONCERN.

I HAVE TO NATE I HAVE TO D FIGHT THROUGH IT.

I WANT IT ON THE RADAR AND I WANT TO HAVE THAT DISCUSSION AND I WANT PEOPLE TO PETITION THEIR GOVERNMENT AND ASK THESE TOUGH QUESTIONS OF IT, BECAUSE IT IS CONCERNING AND THERE ARE ENTITIES OUT THERE OPERATING. I'M NOT TRYING TO TAKE THAT AWAY, BUT IT'S AN AREA CONCERNING ME IN THE LAST TWO WEEKS AND IT'S BEEN A CHALLENGE. AND THAT'S WHERE I'M AT.

>> IT'S A STRATEGY THAT S COMMERCIAL NOW BECAUSE IT'S AN ALTERNATIVE, NORTH AND SOUTH, AND A LOT OF PEOPLE ARE USING IT

AND IT FEELS COMMERCIAL. >> GO AHEAD, COMMISSIONER

JOHNSON. >> IT FEELS COMMERCIAL BUT NOT ZONED COMMERCIAL. THE ONLY ONE THAT'S NORTH AND SOUTH IS U.S. 1. JENKINS ROAD IS NOT.

>> IT'S STARTING TO. >> NEIGHBORHOOD, YOU HAVE NERD NEIGHBORHOOD COMMERCIAL AND THOSE -- THERE ARE PROBABLY PROBLEMS WITHIN THAT LIKE YOU'RE DESCRIBING, BUT IF I LOOK BACK, FOR ME THINKING IT'S ARTERIAL AND THAT WILL CONNECT THE CONNECTOR THAT TAKE US TO THE INTERSTATES.

IF YOU WERE TO LOOK AT ROAD DESIGNERS AND YOU CAN TELL US MORE THAN ME, BUT ITS A THOROUGH FARE THOROUGHFARE TO GET ME TO I-95 AND THE TURNPIKE AND THAT'S WHAT IT IS POINT AND SO NEIGHBORHOOD COMMERCIAL, IT FITS, IT DOES.

BUT I WANT TO MAKE SURE -- I WOULDN'T WANT IT INCLUDED HERE, BECAUSE THIS IS EXEMPTING THOSE ROADS.

I DON'T WANT TO EXEMPT 25TH 25TH STREET BECAUSE WE MIGHT HAVE MORE APPLICATIONS, MAYBE. YOU RAN THE DATA AND THE DATA

SAID NO. >> MY RECOMMENDATION WOULD NOT BE TO EXEMPT MLK BECAUSE OF THE NATURE OF HOW THAT ROAD IS CONSTRUCT CONSTRUCTED ON BOTH SIDES.

>> I DON'T SEE THIS AS

I SEE THIS WITH FLANKERING. FLA. >> ALL YOU HAVE TO DO IS RIDE IN ONE OR TWO MLK PARADES AND YOU KNOW THERE'S A LOT OF

RESIDENTIAL IN THERE. >> LAMENT THE FACT WE DON'T HAVE RESIDENTIAL BUT I DIDN'T FEEL THAT WAS MY RESIDENTIAL OR ADD ANOTHER COLUMN. WHAT ARE WE DOING REBECCA AND WHERE AND THAT WAS MY TASK? WHAT'S THE BEST RECOMMENDATION

TO PUT FORWARD TO YOU? >> THE ONE THING IN GOVERNMENT, WE START THIS WAY TODAY AND WE CAN COME BACK AND ADD.

SO LET'S MOVE FORWARD. THANK YOU.

>> OK. ANY OTHER QUESTIONS? THIS IS A PUBLIC HEARING, ANYONE WISHING TO ADDRESS THIS, PLEASE

[03:55:04]

COME FORWARD. SEEING NO ONE.

>> THERE'S A MOTION IS SECOND, CALL THE ROLE, PLEASE.

(ROLE CALL). >> NEXT WE HAVE ORDINANCE

[i. Legislative Hearing - Ordinance 21-008 Text Amendment of Chapter 125 to facilitate the construction of duplexes on nonconforming lots as well as clarify and correct the maximum density allowed in certain zoning districts. FIRST READING]

21-008, AN ORDINANCE AMENDING CODE OF ORDINANCES IN FORT PIERCE, FLORIDA, LAND DEVELOPMENT ORDINANCES, CHAPTER 125, ZONING NONCONFORMING USES TO ALLOW DUPLEXES AND A MODERATE DENSITY ZONE, AS WELL AS DENSITIES WITH THE 243 TO PROVIDE FOR DENSITIES AND PROVIDING FOR A CLAUSE REPEALING ALL PARTS THEREOF AND THIS IS A FIRST READING.

>> PROCEED. >> SO EVERYTHING THAT MISS COX READ, THAT'S GREAT AND I WANT YOU TO CONCENTRATE ON THIS POWER POINT BEFORE YOU. THIS IS ESSENTIALLY WHAT WE'RE BRINGING BEFORE YOU. AND THIS IS MODIFICATIONS TO FACILITATE THE DUPLEXES ON CONFORMING LOTS AND AREAS LIKE THE PEACOCK AREA AND A LOT OF GROWTH AND IMPROVEMENT FOR SINGLE-FAMILY OR DUPLEXES AND I WANT TO SEE THESE NEIGHBORS S GROW AND FLOURISH AND I KNOW THESE NEIGHBORHOODS AND I KNOW HOW STAGNANT THEY CAN BE. THESE ARE NEWER STOCK INTO THESE AREAS THAT DON'T HAVE NEWER STOCK COMING INTO THEM.

SO WITH THAT BEING SAID, THIS IS SOLIDLY A CHANGE TO SECTION 125, WHICH IS THE ZONING ORDINANCE. THE FIRST THING IS TO ADD THE WORD DUPLEX TO THAT FIRST SECTION.

SO WE'RE TO THE CHANGING ANY OF THE ZONING DISTRICTS.

ALL WE'RE SAYING, WE'RE ADDING DUPLYINGS DUPLEXES AND THEY'RE ONLY ALLOWED TO MAKE SURE THAT NOBODY MISUNDERSTANDS THAT WE'RE NOT WAIVING THE USE TABLE AND ALLOWING THE SAME WAY TO BE ALLOWED IN THE ZONING DISTRICTS.

NOW, THIS CHANGE AND ALL OF THE SUBSEQUENT CHANGES HAVE TO DO WITH NONCONFORMING LOTS. SO IF A LOT EXISTED IN 1980, THE WAY WE FIRST AMENDED IT, IF IT FIRST EXISTED, YOU GET NOW TO HAVE THE POSSIBILITY OF HAVING A DUPLEX BEING CONSTRUCTED ON THE LOT. BEFORE YOU COULD ONLY DO A SINGLE-FAMILY RESIDENCE AND HA WAS IT.

THAT WAS IT.

SO THEY JUST WERE PLOTTED AND YOU COULD BUILD A HOUSE BUT NOT DO A DUPLEX. WE'RE NOT ATTRACTING DEVELOPERS TO PUT IN NEW HOUSING STOCK IN OR TO REALLY REVITALIZE THE AREA AND BRING LOTS OF DIFFERENT FOLKS TO THE AREAS AND GIVE PRIDE TO THE AREAS TO KIND OF LET THEM FLOURISH MORE THAN THEY ARE. SO THAT'S WHAT THAT FIRST SECTION IS AND AFFECTS NO OTHER LOTS AND OPENS UP THE POSSIBILITY OF DOING A DUPLEX. IF IT'S R3 OR R5, IT COMES BEFORE THE COMMISSION TO DO SO. LET ME STOP BEFORE I GO TO THE

[04:00:02]

NEXT SLIDE. THE WAY THAT -- WHEN I BROUGHT THE SITE PLAN REVISIONS TO YOU ALL A YEAR AND A HALF AGO I, I INTRODUCE ADD MINOR SITE PROCESS AND MAJOR SITE PROCESS.

GUESS WHAT? DUPLEXES FALL IN A MINOR SITE PLAN. WE LOOK AT THE PARKING AND ARCHITECTURAL STATE WILL BE. HOW WE HAVE AN ABILITY TO REGULATE WHAT THIS LOOKS LIKE INTO THE NEIGHBORHOODS.

IT DOESN'T HAVE TO RUN THE FULL GAMUT BUT AT THE VERY LEAST, WE CAN LOOK AND MAKE SURE IT'S APPROPRIATE FOR THE NEIGHBORHOODS IT SITS IN. SOREST OF THE SO THE RESTF THE CODE. CODES.

THE WAY THESE ARE WRITTEN, THEY DON'T CORRESPONDSES WITH G DISTRICTS. FIGURED IF I FIGURED IF I WR SINGLE FAMILY DWELLINGS, I WOULD CLEAN THAT UP AND MAKE SURE IT'S CLEAR YOU COULD HAVE UP TO EIGHT, NOT GUARANTEED PER ACRE AND NOW YOU HAVE RESIDENTIAL AREAS AS OPPOSED TO SINGLE-FAMILY DWELLINGS. THIS IS A CLEAN-UP.

THIS ONE IS MAKING THIS CONSISTENT WITH THE COMPREHENSIVE E IS CONSISTENT.

I'M MATCHING WHAT THE FUTURE LAND DESIGNATION IS WITH THE ZONING DISTRICT AND THE CAMP PLAN COMP PLAN ALLOWS. I SAYS THEY MAY HAVE IT AS WELL AS THEY DON'T EXCEED THE FUTURE LAND DESIGNATION.

I'M NOT ALLOWING ANYTHING MORE. WHAT I AM ALLOWING IS THAT FOR INNOVATIVE DEVELOPMENTS, IF YOU WANT TO USE LAND IN A WAY THAT'S DIFFERENT, RIGHT, YOU WANT TO BE ABLE TO HAVE SHARED PARKING OR YOU WANT TO BE ABLE TO BE CREATIVE IN HOW THE LOT IS DOES PLAYED DISPLAYED OR LAID OUT OR YOU HAVE THIS NEW SHARED PARKING OR ACCESS, THIS ALLOWS FOR THE DENSITY TO BE DONE IN A WAY THAT'S CONSISTENT WITH YOUR PLAN. I KNOW THAT DOESN'T MAKE SENSE ON ITS FACE, BUT THE WAY IT'S CALCULATED ARE TWO DIFFERENT ANIMALS AND THIS IS CALCULATED ON .

I TREAT THIS AS A CLEAN-UP. THIS IS NO MORE THAN WHAT THE COMPREHENSIVE PLAN WOULD ALLOW BUT TRULY INNOVATIVE.

AGAIN, THESE ARE PROJECTS THAT COULDN'T TO IF IT MEATS A CERTAIN THRESHOLD, IT HAS TO COME BEFORE THIS BOARD. ANYTHING THAT HAS EIGHT OR 18 DWELLING UNITS IS MULTIFAMILY AND COME BEFORE THIS COMMISSION.

SO THERE'S NOTHING I'M PROPOSING HERE YOU WON'T SEE AT SOME POINT OR ANOTHER. SO PLANNING STAFF AND BOARD ALL RECOMMEND APPROVAL TO SECTIONS 125, 70 AND 93.

THIS CONCLUDES MY PRESENTATION. I'M AVAILABLE FOR ANY QUESTIONS.

>> BACK TO THE DUPLEXES AND THEY'RE FASCINATING AND I UNDERSTAND THEY NEED A CERTAIN AMOUNT OF PROPERTY AND STUFF, SO ESPECIALLY IN NEIGHBORHOOD AREAS THAT A LOT OF TIMES YOU DON'T KNOW IF IT'S A HOUSE OR DUPLEX BECAUSE IT HAS A BIG YARD.

LET'S SAY YOU ALLOW THIS ON NONSTANDARD PLOTS AND THEY'RE SMALLER, BUT THEY CAN FIT THE DUPLEX IN THERE, YOU'LL HAVE A DUPLEX AND DRIVEWAYS AND NOT A LOT OF YARD, BUT WHAT I LIKE ABOUT IT FROM THE STANDPOINT OF AN INVESTOR, THE INVESTMENT THAT YOU WOULD HAVE IN THE STRUCTURE AND YOU HAVE TWO TENANTS ON THAT SMALL PIECE OF PROPERTY AND YOU ARE SOMEWHAT ANSWERING THE RESIDENTIAL COMPONENT OF BEING IN THAT NEIGHBORHOOD AREA LIKE THAT. SO I THINK IT HAS A LOT OF PLUSES WITH IT. FIRST BLUSH, YOU WOULD SAY NO, YOU HAVE TO FIND A BUILDING, A COUPLE OF PARKING LOTS AND

[04:05:03]

THAT'S ALL YOU HAVE. BUT REALLY -- I OWN A DUPLEX AND THAT'S ALL THEY USE. I THINK WE ACCOMPLISHED FOUR OUT

OF THE FIVE AND I LIKE THAT. >> THIS WAS A BROUGHT TO OUR ATTENTION FROM THE PUBLIC. THEY WERE DIVERSE IS A WOMAN WHO WANTED TO HER HER MOM AND THERE WAS ONE DEVELOPER THAT SHOWED US AN INTERESTING DUPLEX THAT WAS VERTICAL AND WE WILL HAVE SOME INTERESTING LOOKING DEVELOPMENT. IT WILL HAVE INTERESTING ELEMENTS THAT THEY MAKE SURE THEY PUT IN THERE.

>> PLUS THEY'RE ON THE TAX ROLL AND THERE'S INFILL WHICH BUILDS THE SECURITY AND STABLE OF THE NEIGHBORHOOD.

>> WE ARE LOOKING AT EVEN FURTHER TO TAKING IN SOME OF THE CONCEPTS THAT CHAD BROUGHT AND HE MENTIONED TO US THAT WHY DID THEY HAVE TO BE ATTACHED AND COULD THEY BE A SMALLER SINGLE FAMILY HOMES AND WE'RE LOOKING AT THIS NOW.

SO THREE, WE LEARN A LOT FROM OUR PUBLIC.

WE OPEN UP OUR STAFF MEETINGS TO THEM.

>> MR. MIBBS. >> I WAS GOING TO SAY THAT EXACTLY. I'VE HAD DISCUSSION WITH THE CITY COMMISSION TALKING ABOUT ACCESSORY STRUCTURES ON THE SAME LOT AND I THINK WE NEED TO HAVE GREATER FLEXIBILITY AND INNOVATIVE DESIGN AND I BELIEVE THAT WE CAN TAKE THIS A STEP FURTHER TO ALLOW DETACHED STRUCTURES WITH DIFFERENT LIVING

SITUATIONS ON THE SAME PARCEL. >> TALKING ABOUT AFFORDABLE

HOUSING, TOO. >> THAT'S THE POINT TO COMMENT ON. I WAS IMPRESSED WITH THAT AND THE POINT CHAD BROUGHT THAT UP AND IT'S QUITE UNIQUE AND WE HAVE TO GET MORE COMMUNITY ENGAGEMENT AND FROM MY PERSPECTIVE OF THESE TYPES OF DWELLINGS, I'M MORE IF FAVOR OF PEOPLE OWNING THEM AS OPPOSED TO A RENTAL SITUATION.

PEOPLE TEND TO TAKE PRIDE IN WHAT THEY OWN AS OPPOSED TO RENTING. ANYWAY TO MAKE IT AFFORDABLE, WE SHOULD EMPHASIZE THAT. WE'RE NOT IN THE MORTGAGE BUSINESS.

>> BUT WHEN WE LOOK AT THE INVESTORS, THEY'LL BRING PEOPLE HERE AND WE HAVE A LOT OF RENTAL SURPLUS, PARTICULARLY IN MY NEIGHBORHOOD AND I'M LOOKING FOR HOMEOWNERS TO OWN THESE DWELLINGS AND USE THESE AS LEVERAGE TO DEVELOP THEIR WEALTH

PLANS. >> IF I MAY, COMMISSIONER.

>> THAT IS SOME OF THE DISCUSSION WITH COLEETA SCOTT TO MAKE SURE THAT WE HOLD ONTO THE HOME OWNERSHIP AND WE'RE EXPLORING THAT WITH LOCAL DEVELOPERS.

>> THEY'RE BUSY ALL OF THE TIME AND I KNOW THAT.

>> MADAM MAYOR. >> THE PANDEMIC -- AND I'VE HAD THE CONVERSATION ABOUT THIS, REGARDING OTHER STRUCTURES OR HAVING A PROPERTY THAT HAS A SINGLE FAMILY HOME, BECAUSE WHAT THE PANDEMIC HAS DONE IS CHANGE THE WAY FAMILIES OPERATE.

MY PARENTS ARE TAKING CARE OF MY GRANDPARENTS AND IT JUST CHANGED WHAT THEY DID AND COME FROM NORTH CAROLINA AND COME DOWN HERE AND STAY WITH US. THEY HAVE A DETACHED BUT ATTACHED BECAUSE THERE'S A COMMON PORCH.

BUT THEY HAVE A MOTHER-IN-LAW SUITE NEXT DOOR.

I'M WATCHING AND LIKE, WAIT A MINUTE, I HAVE TO WATCH FIRSTHAND WITH MY OWN FAMILY AND OTHERS ARE STRUGGLING WITH THE SAME THING. HOW DO I BRING MY FAMILY BACK TO

[04:10:04]

MY HOMESECOND HOMESTEAD. IT'S ABOUT BRINGING THAT FAMILY

UNIT BACK. >> LOOKING AT THE WAY WE LIVE IN A VERY DIFFERENT WAY NOW AND THE OLD FASHIONED SINGLE FAMILY.

>> THIS IS A PUBLIC HEARING AND ANYONE WISHING TO DISCUSS THIS, COME FORWARD AND I'LL ENTERTAIN A MOTION WITH NO ONE COMING

FORWARD. >> I MOVE FOR APPROVAL.

>> SECOND. >> THE MOTION IS SECOND.

CALL THE ROLE. (ROLE CALL).

>> I DO HAVE ONE QUESTION. I THOUGH WE'RE GOING FINANCIAL BUT IS THE OLD FORT PIERCE LOTS 50 BY 100.

>> THEY'RE SMALLER THAN THAT. >> I OWNED ONE AT 40.

>> WHEN YOU SAID EIGHT UNITS PER ACRE, IT'S 50 BY 100, EIGHT UNITS AND THAT'S ALMOST 200 BY 200 AND 200 GOES INTO -- 50 GOES

INTO 1600 -- >> THIS IS HURTING MY BRAIN.

AND TALK ABOUT THIS.

>> THANK YOU ALL TO MUCH. SO MUCH.

>> ARE WE READY FOR THE NEXT ONE?

[j. Legislative Hearing - Ordinance 21-009 - Final Budget Amendment of the General Fund 2019-2020 Budget. FIRST READING]

>> WE HAVE ORDINANCE 21-009, APE MINUTING THE 2019-2020 BUDGET AND DESIGNATED AS THE 2019-'20 BUDGET AMENDMENT, SAID SCHEDULE PROVIDES FOR THE INCREASES AND/OR DECREASES IN THE FUNDS

AND IN IS THE FIRST READING. >> ANYTHING TO SAY BEFORE

MISS MORRIS GOES? >> WE APPROVED A BUDGET OF 42 MILLION AND WE'RE AMENDING TO $45,000,435.

IT DID NOT AFFECT OUR BUDGET BECAUSE WE HAD INCREASES IN REVENUE SOURCES THAT WERE NOT ANTICIPATED.

(INAUDIBLE). >> WE RECEIVED 110% IN OUR TAX.

IT WAS 2.35% RATE BUT THE RECEIPT WAS 101% OF WHAT WE BUDGETED AND WE GOT 1% ABOVE WHAT WE ANTICIPATED IN OUR TAX WE GOT A TACK INCREASE FROM FEMA AND THAT WAS UNANTICIPATED AND WE GOT THE COVID RELIEF FUNDS, AS WELL, TO JUSTIFY SET THE REV FEW. REVENUE.

FIVE WE DID A BUDGET APPROPRIAN FROM OUR FUNDS BALANCE F0 AND WE DID NOT HAVE TO USE THAT SO THE EARLY ONSET OF DECREASING OUR EXPENDITURE BUDGETS WITH OUR INCREASE IN REVENUE REALLY

HELPED US QUITE A BIT. >> MAYOR?

>> YES, SIR. >> I'M ALWAYS IMPRESSED UPON WHEN YOU MAKE A BUDGET AND YOU HOLD A LITTLE BIT BACK SO THAT WE ALWAYS GET -- NOT ALWAYS -- MOST OF THE TIME WE GET THE

SURPRISE. >> GEEZ, COMMISSIONER FERONA.

JUST GOTTEN THE CONFIDENCE THAT SAYS, WELL, SHE'S KEEPING A LITTLE BIT ON THE SIDE, I KNOW SHE IS AND FUNNY IT DOESN'T TURN OUT THE WAY YOU WANT, BUT BECAUSE REALISTICALLY, IN THE

[04:15:02]

BUDGET PROCESS, TREE, SOMEHOE THE UN-FORESEEN REVENUES THAT

COME IN TO MATCH THEM OFF. >> THAT'S A TRICK MY GRANDMOTHER

TAUGHT ME. >> YOUR MAD MONEY.

>> SO WE NEED TO HAVE OUR BUDGET APPROVED AND OUR AUDITORS WILL BE HERE IN THE NEXT TWO WEEKS TO EXPLAIN THIS, BUT IN LIGHT OF

COVID, WE HAD A GOOD, GOOD YEAR. >> VERY GOOD.

>> SO WE NEED A PUBLIC HEARING. ANYONE WISHING TO ADDRESS THIS ISSUE, PLEASE COME FORWARD. SEEING NO ONE, I NEED A MOTION.

>> MOVE TO APPROVE. >> SECOND.

>> CALL THE ROLE, PLEASE. PAIR .

>>> THIS THIS IS PROVIDE FOR A MORATORIUM ON THE UMPOSITION OF

[k. Legislative Hearing - Ordinance 21-010 - Impact Fee Moratorium within Urban Infill and Redevelopment Area. FIRST READING.]

FEES IN THE BOUNDARIES DESIGNATED AND REDEVELOPMENT AREA BY SECTIONS 13-8, 13-15 AND 15 OF THE CITY CODE AND PARTS THEREOF AND EFFECTIVE DATE AND IN THE FIRST READING.

>> WE DO NOT HAVE A PRESENTATION TO GIVE YOU.

THIS IS AN EXTENSION FOR 12 MONTHS.

>> I MEAN, REALLY, THE MOST OBVIOUS CONSTRUCTION WE CAN SEE IS ON THE JENKINS ROAD CORRIDOR AND THAT'S COMING OUT OF NOWHERE AND THAT IS THE FUTURE TO MOVE TO THE WEST AND WE HAVE --

>> WE HAD SOME OF THAT TONIGHT. >> AND WE KNOW WITH THE GARDEN SURF PARK, THAT'S NOT JUST THE SURF PARK BUT A $450 MILLION DEVELOPMENT AND SURROUNDING THE SURF PARK AND SO THAT'S GOING TO TAKE YEARS TO BUILD OUT AND THOSE WHO ARE DEVELOPING ARE NOT LACKING THE MONEY, RIGHT? SO THE MORATORIUM WAS TO TRY TO SHOW A LITTLE BIT OF CONSIDERATION FOR THOSE WHO MIGHT IS DIFFICULTIES, BUT ALL OF THE HOUSING THAT ARE BEING BUILT WITH THE EXCEPTION OF JUST A HANDFUL ARE BEING BUILT BY LARGE CORPORATIONS THAT HAVE THE FINANCIAL WHEREWITHALL TO ABSORB FEES AND IMPACTS. YOU ONLY HAVE ONE OPPORTUNITY TO COLLECT THE FEES AND IT'S DONE. AND SO THAT'S ALL I WOULD SAY.

>> COMMISSIONER? >> SO WHEN WE FIRST DID THIS A YEAR AGO, IT WAS OUR INCENTIVE. WE WANTED FOLKS TO COME IN HERE BECAUSE THINGS WEREN'T MOVING AND WHEN WE TALK ABOUT AN INCENTIVE -- HERE IS MY QUESTION TO YOU.

WE REMOVE THE INCENTIVE AND WE JUST STOP IT AND HOW WILL THAT AFFECT WHAT HAPPENS THIS NEXT YEAR?

>> IN MY HUMBLE OPINION? >> YES, I WANT YOUR HUMBLE

OPINION. >> THE TRENDS TREND THAT E G IS THERE IS A STRONG MOVEMENT IN COMMERCIAL DEVELOPMENT, AS WELL AS RESIDENTIAL BUT IT'S COMING FROM THE LARGER CORPORATIONS.

AND SO, LIKE I SAID BEFORE, THAT'S THEIR BUSINESS.

[04:20:05]

THEY BUILD HOUSES. IT'S NOT LIKE MOM AND POP SAYING I SAVE MY PENNIES. THINK THOSE ARE TWO DIFFERENT THINGS. THE INDIVIDUALS IN MY OPINION, THE INDIVIDUALS WHO WOULD HAVE BENEFITED DIDN'T SPEND.

THERE WEREN'T THAT MANY MOM AND POPS OR PRIVATE HOMEOWNERS TO INVEST AND BUILD HOUSES, BUT YOU'VE SEEN JENKINS ROAD POP OUT OF NOWHERE. SO THAT'S THE TREND AND OVER THE NEXT FEW YEARS THAT WILL BE THE TRENDS TREND AND WE KNOW NEIL FARM AND I RITE NEXT TO THE WAWA'S, THEY'RE DOING INFRASTRUCTURE. AND SO THERE'S ABOUT 300 HOMES THEY'RE INTENDING TO BUILD. THE PURPOSE HAS BEEN SERVED.

>> THAT'S INTERESTING TO THINK ABOUT IT, IF I WAS GOING TO EXTEND THIS, I WOULD SAY THAT IF I DIDN'T EXTEND IT, THEY WOULD GO SOMEWHERE ELSE. I DON'T THINK YOU'RE GOING ANYWHERE ELSE. AS YOU SAID, THIS IS OUR OPPORTUNITY TO GET THOSE IMPACTS WHICH ARE COSTS THAT WE HAVE TO GO AHEAD AND MAKE UP AND, YOU KNOW, I'M HAVING A HARD TIME TO REACHING THIS AS AN INCENTIVE ANY MORE THAN A GIFT FOR SOMETHING THAT'S ALREADY GOING TO HAPPEN.

>> YES. >> MR. MIMMS.

>> TO WHAT YOU JUST STATED AND WHAT PAUL JUST STATED.

LARGER CORPORATIONS ARE DEVELOPING ON THE OUTSKIRTS OF OUR CITY AND WHERE THIS EXISTS IS IN THE REDEVELOPMENT AREA AND THAT'S WHERE WE HAVE THE LITTLE LOTS THAT WE JUST TALKED ABOUT, THE NONCONFORMING LOTS AND THAT'S GOING TO BE DONE BY THE LITTLE GUY AND THEN WE ENVIRONMENT COMMERCIAL ASPECT, WHERE WE HAVE NOT HAD MUCH NEW CONSTRUCTION WITHIN THE CRA.

WE HAVE PLANS. WE'VE GOT DREAMS, BUT NEW CONSTRUCTION, WE HAVEN'T SEEN THAT MUCH.

WE'RE TRYING TO GENERATE THAT. THIS IS EXACTLY WHAT THIS WAS CATERED DO. THAT SHOULD BE PART OF YOUR

DECISION-MAKING PROCESS, SIR. >> AND EVEN WITH THAT, EXTENDING THE MORATORIUM -- IT DIDN'T HAVE AN EFFECT BEFORE SO I'M TRYING TO FIGURE OUT, WAS IT BECAUSE OF THE PANDEMIC, WHICH YOU SAW AN UNPRECEDENTED AMOUNT OF ACTIVITY IN YOUR BUILDING DEPARTMENT AS YOU WERE MOVING FROM THIS PLACE TO THAT PLACE? SO I'M TRYING TO FIGURE OUT WHAT WE'RE TRYING TO ACCOMPLISH.

IS THIS AN OVERWHELMING RESPONSE TO THIS IN THE NEXT 12 MONTHS

AND I'M NOT FEELING IT. >> YES, SIR.

>> I DON'T SEE IT. I REALLY DON'T.

I THINK THE TRENDS WE'RE SEEING RIGHT NOW ARE IN PLACE AND THE DEVELOPMENT WE SEE COMING IS GENERATING MORE DEVELOPMENT, BUT OVER THE NEXT 12 MONTHS, THE BIGGER PROJECTS, LONGWOOD HOSPITAL IS AN EXAMPLE, THE SURF PARK.

DOWN HERE, KINGS LANDING, YOU KNOW, POTENTIALLY THEY'RE SAYING THEY WANT TO MOVE FORWARD AND WE WANT RECEIVED ANY PLANS AND KINGS LANDING WOULD BENEFIT FROM THE MORATORIUM.

BUT WE DON'T HAVE PLANS THAT WE KNOW OF FROM SMALLER BUSINESSES OR RESIDENCES IN THE CRA DISTRICT TO SPEAK OF.

MOST ALL OF THE LARGER CONSTRUCTION AND THE CONSTRUCTION THAT WOULD CARRY US FORWARD IS TO THE WEST ON THAT

JENKINS ROAD CORRIDOR. >> MR. JOHNSON.

>> THANK YOU, AND, MR., MIMMS. I SEE THE BLIGHT OF THE INFIELD AND THE COMMERCIAL LOTS THERE THAT ARE OWNED BY INDIVIDUAL PEOPLE AND THEY'RE WAITING FOR THAT OPPORTUNITY AND I'M LOOKING AT THAT TO SAY HOW DO WE GET THEM TO TAKE THAT LEAP OF FAITH, RIGHT, AND MAKE THAT GAMBLE? YOU JUST MENTIONED SOMETHING TO ME AND I THINK IT'S A MATTER OF DATA AND EXERCISE.

WITHIN THE CRA, THERE WILL BE CERTAIN THINGS THAT WILL, I GUESS, RECEIVE BENEFITS BECAUSE OF THE URBAN INFIELD PROJECTS.

THIS IS JUST -- TALK TO ME ABOUT THE BOUNDARY OF URBAN INFIELD.

ARE WE TALKING ABOUT THE CRA? >> THE URBAN INFIELD BOUNDARY IS

THE AREA. >> SO WE DON'T HAVE A PRESENTATION OF THIS, BUT IS THERE ANY KIND OF BALANCE

[04:25:02]

BETWEEN WHAT'S REALLY KIND OF COMMERCIAL VERSE RESIDENTIAL POTENTIAL IN THAT PARTICULAR AREA? BECAUSE AS I LOOK AT THAT, MY MIND GOES, TO OK, THE LOTS ARE ALL AROUND AND PEOPLE ARE ZONED RESIDENTIAL.

I GET THAT PART. SO THAT WOULD GIVE THAT PERSON AN OPPORTUNITY TO BUILD A HOME OR GO AHEAD AND GET THAT CONSTRUCTED OR INVEST OR ET CETERA.

BUT I KNOW THERE ARE COMMERCIAL CORRIDORS ALONG THOSE PARTICULAR

AREAS, RIGHT. >> I WILL SAY THIS.

IN OUR URBAN AREA, IN THE REDEVELOPMENT BOUNDARIES, WE HAVE AN ISSUE AND THE ISSUE IS, WE HAVE LOTS THAT AREN'T FINANCIALLY FEASIBLE TO DEVELOP AND SO, WE JUST TALK ABOUT THAT AT THE FPRA MEETING AND I BELIEVE THE COMBINATION OF THAT IMPACT REFOR MORATORIUM LOOKE FEES AND WE CAN FIND AN INNOVATIVE WAY WITH THE ASSESSMENT, I THINK WE CAN SPUR SOME INTERNAL, SOME CORE CONSTRUCTION, BECAUSE RIGHT NOW, SIR, WE HAVEN'T HAD THAT CORE CONVULSION.

CONSTRUCTION. WE ARE GROWING ON OUR PERIMETER AND WE NEED TO CONCENTRATE ON HOW WE TAKE CARE OF OUR OLDER SECTION TO BRING IT UP TO A MINIMUM STANDARD AND BRING THAT UP TO AN ACCEPTABLE STANDARD OF RECONSTRUCTION AND FILL SOME OF

THESE BLIGHTED VAY VACANT LOT. >> IS THIS A SIXTH-MONTH TIME?

>> A 12-MONTH MORATORIUM OR WHATEVER TIME YOU FEEL IS BEST.

>> I WAS GOING TO BRING THAT UP, THAT WHAT YOU'RE TALKING ABOUT, THE HUGE DEVELOPMENTS ARE MOSTLY OUTSIDE OF THE CRA BOUNDARIES AND WHEN WE'RE TALKING ABOUT URBAN INFILL, WE'RE TALKING ABOUT PLACES WHERE THE LIENS ARE CAUSING THE PROBLEM AND PEOPLE WANT TO BUY LOTS, ET CETERA, ET CETERA.

AND SO, IT'S KIND OF LIKE ONE WORKS WITH THE OTHER ONE.

AND SO, COMMISSIONER JOHNSON. >> YES, MA'AM, THANK YOU.

AND YEAH, AND SO I STARTED LOOKING AT THE OVERALL VIEW OF THIS AND I STARTED LOOKING AT THIS AND I THINK YOU HAD SOME CONVERSATION ON THE FISCAL IMPACT AND I KNOW JOHN IS SITTING HERE AND I THINK THERE WERE THOUGHTS AND CONCERNS AND RIGHTLY SO ABOUT THE LOSS OF REVENUE AND E WE TALKED ABOUT E REVENUE BECAUSE THAT'S A TRUE ISSUE AND SO, BEFORE I ASK A QUESTION ON THAT OR GO DOWN THAT WHOLE THING, THE IMPACT FEES COLLECTED ARE DESIGNATED AND GO TO WHAT? IF WE WERE TO COLLECT THAT AND DID NOT HAVE A MORATORIUM? THERE SHOULD BE CAPITAL IMPROVEMENTS TO SUSTAIN OUR

ROADS. >> IT COULD BE NEW EQUIPMENT, NEW SUPPLIES AND IT'S ABOUT SUSTAINING THE GROWTH OF OUR

EXPECT, NOT MAINTENANCE. >> AND DO WE DEFINE THOSE BY PERCENTAGE OR DO WE PUT IT IN THE BASKET AND SAY WE'LL USE IT

IN THAT CAPACITY? >> IT'S CALCULATED BY THE CONSTRUCTION -- SORRY, THE NUMBERS.

SO DO WE DEFINE THAT BY TAKING 12% AND PUT IT TOWARDS NEW BUILDINGS AND 12% TOWARDS NEW SIDEWALKS?

>> NO, SIR, LIKE A CAFETERIA LIST OF FEES AND THE BUILDING IMPACT FEE AND THE ROAD IMPACT FEES AND WE HAVE

>> WHAT'S THE OTHER ONE? WE HAVE THE PARK IMPACT FEES. THEY ARE IMPACTED BY THE

PLANNING DEPARTMENT AND >>. [LAUGHTER]

>> SOMEBODY ELSE GETS IT. >>.

[LAUGHTER] >> ALL OF THAT IS CALCULATED AND IT IS FUNNELED INTO A

RESTRICTED REVENUE ACCOUNT BY THE DIRECTOR OF FINANCE RATE >> THANK YOU.

AND THE CRA IS A LARGE AREA BUT WE ARE TRYING TO, AND THE CONVERSATION A YEAR AGO THAT I

[04:30:02]

REMEMBERED WAS DOWNTOWN DEVELOPMENT THAT COULD OR COULD NOT HAPPEN BECAUSE OF IMPACT

FEES. >> THAT'S RIGHT.

I DO REMEMBER THAT.SO MIKE I CANNOT AFFORD TO BUILD THIS AND THIS WILL TAKE ME 30 OR 40 YEARS. SO I AM NOT SAYING THAT'S WHAT SPURRED THIS THING ABOUT THAT'S

THE CALCULATION AND >> IT'S MOSTLY THE COUNTY FEES AND I JUST HAVE THE OPPORTUNITY TO SPEAK AT THE BUILDERS ASSOCIATION AND PAUL WAS THERE AND I DID NOT TALK ABOUT THAT BUT MY LAST, WAS FOR THIS TO BE ÃFORT PIERCE, WE ARE DOING WELL.

WE WOULD LIKE TO COME VISIT THERE BUT NOBODY EVER SAID I'M GOING TO BUY HUNDRED ACRES OR WHATEVER. THEY NOW WE ARE THE HAPPENING PLACE TO BE.

WHO KNOWS. I LIKE THIS IDEA. I THINK THIS IS WHAT OUR AREA BOUNDARIES IS AND WE HAVE AN OPPORTUNITY AS A CITY TO ALLOW THAT INFLUX AND OPPORTUNITY WITHIN THE BOUNDARIES AND COULD YOU SWAY ME TO CHANGE IT FROM 12 MONTHS TO SIX MONTHS? ABSOLUTELY. WE DON'T KNOW WHAT'S GOING TO HAPPEN.

AND WE ALWAYS TRY AGAIN. AND I AM OKAY WITH THAT AND I THINK THERE'S A LOT OF OPPORTUNITY WE GO INTO THOSE CORE DOORS, WE TALK ABOUT WHAT'S HAPPENING WITH RESIDENTIAL WE HAD A NICE PRESENTATION A COUPLE OF MEETINGS AGO THAT TALKED ABOUT HOW WE CAN KEEP FORT PIERCE FUNKY AND DO THINGS DIFFERENT. I THINK THIS IS ONE OF THOSE WAYS OBVIOUSLY. JUST IN A SHORTER TIME FRAME.

>> I WOULD SUPPORT THE SIX MONTHS JUST TO SEE WHAT THE ACTIVITY IS THERE IS A RESPONSIBILITY TO USE THOSE GROUPS. YOU CAN USE THERE LIKE IT'S REALLY NOTHING UNTIL ALL OF A SUDDEN ONE DAY IT'S SOMETHING AND HOW ARE WE GOING TO FUND

THAT AS SHE IS GOING TO SAY YOU GAVE AWAY EVERY CHANCE YOU HAD >> 'S.

[LAUGHTER] [INDISCERNIBLE] >> I DON'T KNOW. EVERYTHING IS CONNECTED.

I REMEMBER WHEN WE WERE DOING THIS ORIGINALLY BECAUSE THERE'S A LOT OF REASONS FOR THAT AND MINDSETS OUT THERE IT'S TOO EXPENSIVE. GIVE US A TRY.

>> WHEN I WAS THE MAYOR WE HAD. [INDISCERNIBLE] >> AND NOW THEY ARE TRYING US AND WHAT I DON'T WANT TO DO IS TO HAVE THAT INCENTIVE WHICH IS NOT EVEN AN INCENTIVE ANYMORE.

IT'S JUST THERE. I WAS GOING TO DO THIS ANYWAY AND YOU HAVE A MORATORIUM ON YOUR END OF THAT? OH MY GOD, IT'S GREAT. BUT SO WHAT.

SIX MONTHS DOWN THE LINE IF WE DON'T GET ACTIVITY ON THIS THING IS REALLY NOT MOVING AT I WOULD RATHER GET CREATIVE AND TRY TO FIND OUT OTHER WAYS I WANT TO TOTALLY SUPPORT THAT IF WE CAN COME UP WITH IT EVEN IF WE GIVE GRANTS FOR THE CRA TO BE ABLE TO HELP THESE FOLKS TO DO THAT WITHOUT GIVING OPPORTUNITIES FOR FOLKS THAT WE DON'T EVEN KNOW THE OPPORTUNITY IS THERE WHEN THEY MADE THEIR MIND UP I WOULD SUPPORT THE SIX-MONTH EXTENSION.

>> I THINK I HAVE TO HAVE A PUBLIC HEARING UNLESS YOU HAVE OTHER QUESTIONS.

THIS IS A PUBLIC HEARING ANYONE WISHING TO ADDRESS THIS ISSUE, PLEASE COME FORWARD.

SEEING NO ONE I WILL CLOSE THE PUBLIC HEARING AND ENTERTAIN A MOTION FOR SIX MONTHS OR ONE

YEAR.OU GUYS DECIDE. >> I CAN GO WITH YOU THERE.

>> I AM IN SUPPORT OF SIX MONTHS. MOVED TO APPROVE ORDINANCE 21-010 THE MORATORIUM WITHIN THE URBAN REDEVELOPMENT AREA FOR A TIME OF SIX MONTHS.

>> SECOND THAT WITH A COMMENT AT THE END OF SIX MONTHS I WOULD LIKE TO HAVE A REPORT.

>> OR AT LEAST BEFORE COMING INTO THE ORDINANCE.

>> 'S >> OKAY.

[04:35:02]

>> CAN YOU CALL THE ROLE PLEASE? SUMAYA JOHNSON?

THE TITLE >> NEXT ITEM IS APPROVAL OF FINAL BUDGET AMENDMENTS FOR

[a. Approval of 2019-20 Final Budget Amendments for Grant Funds: CDBG, SHIP and Grant Administration]

GRANT FUNDS AND GRANT ADMINISTRATION.

>> DO YOU HAVE ANY. [INDISCERNIBLE] >>.

[INDISCERNIBLE] >> I DID NOT DO A PRESENTATION FOR THIS BUT WE ARE LETTING THE GRANT BUDGETS DO THE NUMBERS AND MOST OF THOSE DECREASES WERE A RESULT OF COVID-19 A LOT OF THE PROJECTS THAT WE PLAN TO START OR BE DONE AT THE LAST FISCAL YEAR WERE NOT DONE AS A

RESULT OF COVID THEY WERE DIVERTED. >> THAT MUST HAVE BEEN A FUN THING TO TRY TO DO. ANY QUESTIONS FOR STAFF? WE DON'T HAVE TO HAVE A PUBLIC HEARING ON IT SO I WILL ENTERTAIN A MOTION.

>> MOVE FOR APPROVAL. >> CALL THE ROLL PLEASE PRAY

>>.

[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.]

COMMENTS FROM THE PUBLIC. >> THIS IS THE TIME FOR ANY MEMBER OF THE PUBLIC TO ADDRESS THE COMMISSION, YOU HAVE THREE MINUTES IF YOU WOULD STATE YOUR NAME AND ADDRESS YOU WILL HAVE A WARNING LIGHT.

>>. [INDISCERNIBLE] 1933 CRESTVIEW. SOMEONE SUBMITTED SOMETHING ONLINE FOR ONE OF THE EARLIER HEARINGS THAT WAS NOT READ SEMI SO I DON'T KNOW HOW WE GET IT

INTO THE RECORD. >> 'S YOU CAN FOLLOW UP WITH

HER ON THAT. >> I DIDN'T SEE IT.

>> I WOULD LIKE TO TALK ABOUT 2 THINGS OBVIOUSLY SHORT-TERM RENTALS ARE A HOT TOPIC.

ONE THING I WOULD REQUEST THAT HAPPEN IS THAT WE HAVE A LITTLE BIT MORE NEIGHBORLY TALKING ABOUT THEM IF YOU LOOK AT SOME OF THE BOARD MEETINGS THEY SEEM TO THINK IT'S APPROPRIATE TO GO AFTER PEOPLE'S TAX AND MORTGAGE INFORMATION AND HOW THEY ARE INCORPORATED AND BASICALLY PEOPLE HAVE BEEN CALLED CRIMINALS BECAUSE THEY WERE TRYING TO DO A SHORT-TERM RENTAL. PEOPLE SHOULD FEEL SAFE AND WELCOME COMING HERE AND THE ATMOSPHERE THAT HAS COME OUT OF THIS IS NOT A GOOD THING. SPEAKING FROM PERSONAL EXPERIENCE I WAS WITH SUSAN AND ONE OF THE NEIGHBORS THOUGHT IT WAS APPROPRIATE TO APPROACH HER ON HER FRONT YARD, NOT UNINVITED, COME UP, GETTING VERY CLOSE TO HER FACE, SHAKE OUR HANDS IN THE MIDDLE OF COVID WITHOUT A MASK AND WHEN I MADE A COMMENT, SHE IS JUST FOLLOWING THE LAW HE SAID OH, YOU ARE ONE OF THEM? WE CAN'T HAVE THAT ENVIRONMENT, IF WE DISAGREE, THAT'S OKAY BUT EVERYBODY SHOULD FEEL SAFE. EVERYBODY SHOULD FEEL WELCOME.

OH MY GOD. THESE PEOPLE HUNDREDS AND THOUSANDS OF DOLLARS ARE INVESTED IN OUR COMMUNITY THERE TRYING TO BRING PEOPLE HERE THERE TRYING TO FIX UP THEIR PLACES THESE ARE NOT THE PEOPLE THAT YOUHAVE TO WORRY ABOUT IS THE PEOPLE WHO DON'T HAVE THE PERMITS THE PEOPLE COMING BEFORE YOU ARE TRYING TO DO IT RIGHT TRYING TO WORK WITH THEM ON IT. I WISH YOU WOULD LOOK INTO THE IDEA OF HAVING SIGNS IN YARDS ABOUT PUBLIC HEARINGS. AGAIN, IT'S ABOUT A BULL'S-EYE TARGET PEOPLE THINK IT'S APPROPRIATE TO, PEAK IN THE WINDOWS AND TAKE PICTURES AND DOCUMENT WHO IS THERE JUST BECAUSE SOMEONE IS FROM OUT OF TOWN DOESN'T MEAN THEY ARE A RENTER.

THANK YOU. >> THANK YOU, SIR. WHAT ELSE?

>> I WANT TO THANK YOU >> NAME AND ADDRESS.

[04:40:05]

>> MY NAME IS SUSAN BAKER 1577 SOME POINT. ÃSOME POINT.

I WANT TO PIGGYBACK OFF OF THAT. SINCE I APPLIED FOR THE PERMIT IT HAS BEEN REALLY, I FEEL UNSAFE. I HAD TO GO GET A NO TRESPASSING SIGN BECAUSE MR. TERRY SCHAEFER SAID NOBODY WANTS YOUR KIND HERE.