[1. CALL TO ORDER]
[5. APPROVAL OF MINUTES]
[6. PROCLAMATIONS]
[00:05:04]
COME FROM THIS COMMUNITY AND THIS HELPS US TO BE SEEN.
[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.]
[00:05:18]
>> NEXT WE HAVE COMMENTS FROM THE PUBLIC ON ITEMS NOT ON THE AGENDA. WE HAVE TWO PEOPLE THAT SIGNED UP. THE FIRST PERSON IS JOE BASSO.
>> HELLO. YOU WILL HAVE THREE MINUTES AND
GET A WARNING AT THREE SECONDS. >> I AM JOE BASSO WITH SECOND GENERATION HOME BUILDING. WE ARE CURRENTLY IN THE AREA TO DEVELOP SINGLE FAMILY HOMES, MULTIFAMILY, COMMERCIAL, WE'RE WORKING WITH A MULTITUDE OF PEOPLE AND WE'RE HERE TODAY.
WE PURCHASED PROPERTY TO GET THE LIEN REDUCTIONS AND WORK
MARSCELINI. >> GOOD DAY, MAYOR.
COMMISSIONERS. I AM HERE WITH JOE BASSO ALSO.
>> STATE YOUR NAME AND ADDRESS FOR ME.
>> [INAUDIBLE] THANK YOU SIR. HERE WITH JOE BASSO.
WE HAVE BEEN IN FRONT OF THE BOARD ON OTHER OCCASIONS.
WE'RE ONCE AGAIN ASKING FOR CONSIDERATIONS.
SOME OF THESE LIENS ON THE PROPERTY EXCEED THE VALUE OF THE PROPERTY WE'RE PURCHASING. IN ORDER TO CONDUCT THE BUSINESS, WE NEED THE REDUCTION TO HELP US WITH THE COST OF THE OVERALL BUILDING OF THE HOMES. WHAT THEY TAKE OFF IMMEDIATELY THROUGH THE CITY FOR THE INTEREST AND THE PENALTIES AND STUFF, THERE'S STILL SOME WE HAVE ON THE LIST THAT EXCEED WHAT IS LEFT TO PURCHASE FOR THE PROPERTY.
SO, WE'RE TRYING TO DO A BALANCE BECAUSE THERE'S ONLY SO MUCH WE CAN INVEST DUE TO THE AMOUNT OF MONEY WE CAN GET ON THE RETURN.
SO, JUST AND TYPE OF CONSIDERATION WOULD BE
>> THANK YOU. THAT CONCLUDES THE PEOPLE WHO
[9. ADDITIONS OR DELETIONS TO AGENDA AND APPROVAL OF AGENDA]
SIGNED UP. NEXT WE MOVE ON TO ADDITIONS OR DELETIONS AND APPROVAL OF THE AGENDA.>> ANY CHANGES. >> MOVE TO SET THE AGENDA.
[a. Presentation and acceptance of City Audit on all funds for fiscal year ended September 30, 2020, as prepared by DiBartolomeo, McBee, Hartley & Barnes, P.A]
>> MAYOR HUDSON. >> YES, MA'AM.
NEXT WE HAVE THE PRESENTATION AND ACCEPTANCE OF THE AUDIT FOR ALL FUNDS 2020 PREPARED BY DIBART OLOMEO.
>> WE HAVE OUR DIRECT OR FINANCE IN THE CHAMBERS AS WELL IF YOU
>> DO YOU HAVE A PRESENTATION? >> YES.
JOHNNA. COULD YOU PLEASE GET HIS
PRESENTATION TOGETHER? >> I NEED TO PASS.
THERE WE GO. GOOD EVENING MAYOR.
CITY COMMISSIONERS. I'M HERE TONIGHT FROM THE AUDIT FIRM MCBEE HARTLEY AND BARNES. WE PERFORMED THE CITY'S AUDIT AND AS USUAL WENT VERY WELL. NOT GOING TO GO THROUGH THE FULL AUDIT. IT'S A 220 PAGE BOOK.
SO WE KIND OF JUST GO THROUGH JUST A BROAD OVERVIEW OF THE CITY FOR THE LAST YEAR. I HAD THE CHANCE TO MEET WITH YOU. I WILL GO THROUGH QUICKLY
BECAUSE YOU HAVE A BUSY NIGHTPA. >> OH, NO.
>> TAKE YOUR TIME. >> THEY'RE WAITING FOR THE
AUDIT. >> THEY'RE HERE FOR YOU.
>> NO PRESSURE. ON THE FIRST PAGE, WE HAVE THE CITY WIDE BALANCE SHEET. THE TWO THINGS TO HIGHLIGHT THERE YOUR CASH INCREASE BY $3.6 MILLION AND YOUR LONG-TERM
[00:10:02]
DEBT DECREASED BY $9 MILLION. I DON'T THINK ANYONE WOULD HAVE EXPECTED THAT A YEAR AGO WHEN I MET WITH YOU.IT JUST LOOKED PRETTY BLEAK A YEAR AGO.
YOU HAVE HAD A FANTASTIC YEAR. TO REDUCE YOUR DEBT AND TO PUT
CASH IN THE BANK IS REALLY -- >> WE WORKED HARD TO REDUCE THE DEBT. WE WORKED HARD TO DO THAT.
>> YES OVER THE LAST FEW YEARS. ABSOLUTELY.
AS A MATTER OF FACT, I NOTED ON THE BOTTOM, THAT'S BEEN DECREASING EACH YEAR APPROXIMATELY $12 MILLION OVER THE LAST FIVE YEARS. THE SECOND PAGE IS YOUR GOVERNMENTAL FUND REVENUES. YOUR AD VALOR EMS ARE INCREASING, JUST OVER A MILLION DOLLARS THIS PAST YEAR.
INTERGOVERNMENTAL REVENUES, FPRA REVENUE IS UP BECAUSE THE INCREASE IN PROPERTY VALUES AND YOUR STATE SHARED REVENUE INCREASED AS WELL TOO. WHEN YOU GO TO THE BOTTOM, THE REVENUE THAT YOU RECEIVE PER CITIZEN IS $1,135 A YEAR.
PAGE 3 ARE YOUR GOVERNMENTAL FUND EXPENDITURES.
AND REALLY THE THING TO HIGHLIGHT HERE YOUR GOVERNMENTAL FUND EXPENDITURES ONLY WENT UP BY $400,000 FOR THE YEAR.
THAT'S PRETTY IMPRESSIVE ON A $37 MILLION BUDGET.
YOU DID SPEND SOME MONEY, CAPITAL OUTLAY.
YOU SPENT A MILLION DOLLARS ON MELODY LANE AND YOU SPENT APPROXIMATELY $2 MILLION FOR VEHICLES.
YOUR EXPENSES PER RESIDENT ARE $1,105.
>> JUST WANT TO CLARIFY. >> MELODY LANE IS THE
>> JUST JUSTICE FOR THE -- JUST FOR THE PUBLIC.
THEY ARE ALL HERE LISTENING. COMMUNITY REDEVELOPMENT.
NO SIGNIFICANT CHANGES. REVENUE WENT UP $500,000.
WE TALKED ABOUT THE FACT YOU'RE PAYING DOWN YOUR DEBT AND A BIG PART OF THAT COMES OUT OF THE COMMUNITY REDEVELOPMENT FUND.
YOU'RE PAYING DEBT DOWNTOWN AND THIS FUND IS HELPING FOR THE DATE THAT RELATES TO THE FPRA. PAGE 5 IS SOLID WASTE FUND.
THE MAIN THING TO POINT OUT HERE, YOUR NET CASH FLOW WAS $1.1 MILLION. SO YOU WERE ABLE TO TRANSFER $934,000 TO OTHER FUNDS TO HELP WITH CITY WIDE OPERATIONS.
SO, IT WAS A GOOD YEAR FOR SOLID WASTE.
REVENUE INCREASED BY A MILLION DOLLARS.
YOU HAVEN'T INCREASED YOUR RATES IN A VERY LONG TIME.
SO THAT'S PRETTY MUCH WHAT HAPPENED THERE.
YOU INCREASED YOUR RATES AND IT DOES SHOW NET CASH FLOW FROM OPERATIONS OF $2.5 MILLION, BUT THAT DOESN'T REFLECT THAT THE DOLLARS THAT YOU SPENT ON CAPITAL IMPROVEMENTS.
YOU SPENT A SIGNIFICANT AMOUNT ON CAPITOL IMPROVEMENTS.
THERE'S NOT $2.5 MILLION SITTING IN THAT FUND.
IT WAS SPENT. PAGE SEVEN IS THE GOLF COURSE.
THE GOLF COURSE OPERATING INCOME WAS A NEGATIVE $391,000.
IT HAD ABOUT A $400,000 LOSS. REALLY NOT A BAD YEAR CONSIDERING THE PANDEMIC. YOU KNOW IT HELD ITS OWN.
NOT MUCH TO SAY THERE. MARINA FUND, PAGE 8, REVENUE AND EXPENSES WENT DOWN. AND THAT WAS DUE TO THE REDUCTION OF FUEL SALES. YOU JUST DIDN'T HAVE FUEL SALES
DURING THE PANDEMIC. >> AND IT WAS WORKED ON FOR A NUMBER OF MONTHS TOO. IT WAS NOT AVAILABLE.
>> YEAH. SO IT HAD, YOU KNOW, IT HAD A NET LOSS FOR THE YEAR BUT REALLY IT'S PRETTY EXPLAINABLE WITH EVERYTHING THAT HAPPENED. PAGE NINE IS SUNRISE.
NOTHING REALLY TO SAY THERE BECAUSE IT WAS CLOSED FOR A GOOD PART OF THE YEAR FOR THE PANDEMIC.
LAST PAGE, PAGE 10 IS THE BUILDING DEPARTMENT AND REVENUES INCREASED $300,000 AND EXPENSES INCREASED BY THE SAME.
YOUR OPERATING INCOME WAS $401,000.
NET CASH FLOW WERE $483,000. THE BUILDING DEPARTMENT HAD A GOOD YEAR AND THE INCREASE IN REVENUE TELLS YOU OBVIOUSLY THERE'S GROWTH AND THINGS GO WELL WITHIN THE CITY.
OVERALL THE AUDIT WENT VERY SMOOTH.
WE DID IT ALL REMOTE. IT WAS INTERESTING BUT IT WORKED OUT WELL. AS STAFF DID A GREAT JOB OF SCANNING, PUTTING EVERYTHING OUT THERE ONLINE FOR US.
WE WERE ABLE TO DOWNLOAD AND DO OUR TESTING.
[00:15:04]
IT WENT SMOOTHER THAN WE EXPECTED ALL THINGS CONSIDERED.BEING OFF SITE. BUT WE'RE ABLE TO WORK THROUGH
>> THANK YOU VERY MUCH. >> THANK YOU.
APPRECIATE YOU'RE BEING HERE. >> THANK YOU.
>> WE WANT TO HEAR THE SAME THING NEXT YEAR TOO.
>> OKAY. DO YOU WANT ANY ACTION ON THIS
[11. CONSENT AGENDA]
SO THE NEXT ITEM IS THE CONSENT AGENDA.>> WAS THERE ANY ITEM THAT ANY COMMISSIONER WOULD LIKE TO PULL FROM THE CONSENT AGENDA? NOT.
I WILL ENTERTAIN A MOTION TO APPROVE THE CONSENT AGENDA.
>> MADAM MAYOR, I MOVE TO APPROVE THE CONSENT.
>> MOTION AND SECOND. CALL THE ROLE.
>> I HAVE A DISCUSSION. >> ALL RIGHT.
ONLY BECAUSE WE HEAR FROM THE PUBLIC ON THIS.
I KNOW IN THE PAST AND I DIDN'T WANT TO PULL THE ITEMS. I WANTED TO MAKE SURE WE HEARD WHAT THESE GENTLEMEN SAID I UPON THEY ARE TRYING TO COME FORWARD AND DO A LOT OF GOOD FOR THE COMMUNITY. I BELIEVE BY THIS TYPE OF HOUSING IS NEEDED IN THE CITY OF FT. PIERCE AND I WOULD HAVE LIKED ALL THESE CONSIDERATIONS, THERE'S NUMEROUS, I THINK THERE'S ABOUT $35,000 WORTH OF FEES WITH THIS AND I KNOW IN PAST WE HAVE DONE THIS. I HOPED WE WOULD CONSIDER THIS AT LEAST MAYBE SEPARATELY IF AT LEAST HAD A PRESENTATION ON IT.
WHAT IT'S INVOLVED AND EVERYTHING LIKE THAT TO BE ABLE TO GIVE SOME RELIEF TO THESE GENTLEMEN WHO SEEM TO BE DOING THE RIGHT AND PROPER THING WE HAVE BEEN LOOKING FOR, FOR A
LONG PERIOD OF TIME. >> WE HAVE BEEN, WE HAD THIS AS A PROBLEM. WE KNOW THIS IS A PROBLEM BECAUSE PEOPLE WANT TO INVEST IN THE PROPERTY BUT THE PROPERTY HAS SO MUCH LIEN VALUE ON IT THAT IT DOESN'T MAKE SENSE BUT WE STILL WANT THE ECONOMIC INVESTMENT IN THE COMMUNITY.
AND I KNOW WE'RE WORKING ON THAT, RIGHT MR. MIMS?
YES, MA'AM. >> DO YOU WANT TO DO SOMETHING
DIFFERENT? >> I KNOW WE HAVE A MOTION TO APPROVE THE ENTIRE CONSENT AGENDA.
I JUST FEEL UNCOMFORTABLE ON THESE ITEMS WITHOUT AT LEAST DISCUSSING THEM AND MOVING FORWARD.
WE HAD ONE ITEM THE LAST TIME. AND THAT ONE ITEM I DON'T THINK I DON'T THINK I SUPPORTED IT. I DO UNDERSTAND THE VALUE OF IT.
AND IF THIS IS SOMETHING THAT THE COMMISSION REALLY WANTS TO ACCOMPLISH, I KNOW IT'S PART IN A WAY OF OUR STRATEGIC PLAN TO BE ABLE TO TAKE THESE PROPERTIES AND TURN THEM INTO TAXABLE PROPERTIES AND ALSO AVAILABLE HOUSING FOR LOW INCOME FOLKS, IT DOES ACCOMPLISH THAT. AND JUST TO BE ABLE TO GO THROUGH AND ABATE THE CERTAIN FEES AND FINES AND STILL LEAVING A BALANCE OF 35 OR $36,000 SEEMS A LITTLE EXCESSIVE.
I WOULD AT LEAST WANT THE COMMISSION TO BE ABLE TO CONSIDER GIVING A LITTL MORE OF A BENEFIT TO THIS.
WE DON'T HAVE TO MAKE IT ALL GO AWAY BUT IF I COULD, I'M ASKING MY FELLOW COMMISSIONERS IS THERE ANY INTEREST TO BRING THIS UP FOR A DISCUSSION? IT WAS ONE ITEM I WOULD HAVE PULLED IT. IT'S HALF THE
>> RIGHT. COMMISSIONER JOHNSON.
>> MADAM MAYOR, COMMISSIONER PERONA, FELLOW COMMISSIONERS.
I AGREE, SO IT'S $35,000. THAT'S NOT TO SAY THAT MY UNDERSTANDING I THOUGHT WAS THAT THIS WAS LOOKING AT THE COST ASSOCIATED WITH OUR HOT CART COST THAT WE HAVE INCURRED AS A RESULT. AND THAT'S WHERE I HAVE A LITTLE BIT OF A CHALLENGE BECAUSE WE HAVE ACTUALLY DONE WORK AND INVESTED MANPOWER, RESOURCES TO CLEAR THESE LOTS.
AND BRING THEM INTO SOME TYPE OF COMPLIANCE AS YOU KNOW IN THESE NEIGHBORHOODS, NEIGHBORS WHO WERE COMPLAINING OF CRIME AND BLIGHT AND I WAS ONE OF THEM AS A MATTER OF FACT AT SOME POINT.
I WOULDN'T HAVE AN ISSUE BUT I KNOW BEFORE US RIGHT NOW IS TO WAIVE THE INTEREST WHAT WE CAN CONTROL.
AND IF I'M OKAY AND UNDERSTANDING, OUR PARLIAMENTARY PROCEDURE. THEY COULD COME BACK AND APPEAL.
IS THAT AN OPTION OF THOSE PEOPLE MR. SWEENEY?
>> MADAM MAYOR, YOU HAVE EIGHT SEPARATE REQUESTS.
AS YOU'LL NOTE, SOME ARE ASKING FOR SIGNIFICANTLY MORE TO BE
[00:20:04]
REDUCED. SOME ARE QUITE A BIT LESS.AND YOU HAVE A MOTION AND A SECOND PENDING.
UNLESS THE MOTION MAKER IS WILLING TO WITH DRAW, WE'RE GOING TO HAVE TO TAKE A VOTE ON THE MOTION.
IF YOU WERE TO APPROVE, ALL EIGHT WOULD BE APPROVED SUBJECT TO PAYMENT IS MADE IN 60 DAYS. THE GENTLEMEN THAT SPOKE MAY OR MAY NOT WANT TO ACT ON ALL EIGHT OF THEM.
IF THEY WERE NOT TO MOVE FORWARD WITH THE APPROVAL ON SAY ONE, TWO OR THREE, THOSE ITEMS WOULD BE REVIEWED, MORE RESEARCHED AND BROUGHT BACK AT A SEPARATE TIME. WITHOUT DOING THE BLANKET SORT OF APPROACH AT THIS POINT, I THINK IT'S AN ALL OR NOTHING AND YOU'RE GOING TO HAVE A MUCH LARGER CONVERSATION PIECEMEAL IF
THAT MAKES SENSE. >> SO WE COULDN'T APPROVE TO LAYER OFF AT THIS POINT, THEY COULD APPEAL LATER IN THE FUTURE
AND WE COULD HEAR THOSE? >> FROM THE WAY I'M READING THIS. BASICALLY 60 DAYS IS THEIR TIME FRAME. SHOULD THEY NOT FOLLOW THROUGH ON IT, THEN YOU'RE GOING TO GO BACK TO THE STATUS QUO AND BRING
IT BACK AT THAT TIME. >> OKAY.
SIR -- IT'S NOT TIME FOR YOU TO SPEAK SIR.
>> YES, SIR. SO, COMMISSIONER, YOU'RE RIGHT.
WE HAVE TALKED ABOUT THIS NUMEROUS TIMES.
ITEM K AND L ARE THE TWO LARGE REDUCTIONS AND ALSO THE LARGE
I THINK THAT WOULD BE TWO-THIRDS OF THE TOTAL 30 SOMETHING THOUSAND THEY'RE AT $14,000 AND $17,000.
I'M OKAY TALKING ABOUT AMENDING THE MOTION.
I WOULD WANT TO TALK ABOUT THOSE TWO SPECIFICALLY.
I DON'T KNOW WHY THESE TWO ARE LARGER THAN THE OTHERS.
THEY WOULD HAVE TO HAVE MORE INFORMATION.
YOU KNOW. BUT, I'M HERE TO TALK ABOUT IT.
AT THIS POINT, I MADE THE MOTION BUT I COULD AMEND THE MOTION IF YOU WANT TO AMEND FOR ALL OF THEM.
I'M NOT TOO SURE. >> COMMISSIONER, I THINK YOU'RE ON THE RIGHT TRACK. THESE ARE THE ONE THAT IS STICK OUT THE MOST. NORMALLY IF THEY'RE A THOUSAND OR SO, COUPLE THOUSAND DOLLARS. WOULDN'T BE THAT BIG OF A DEAL.
IT'S JUST PART OF THE COST OF DOING BUSINESS OF THE LARGER ONES, I THINK WOULD GIVE AND RELIEF AND IF YOU WOULD AMEND THE MOTION TO EXCLUDE THOSE TWO ITEMS FOR DISCUSSION AND US REVISIT THAT IMMEDIATELY AFTER THE MOTION IS MADE.
>> HE CAN WITHDRAW HIS MOTION. >> START OVER.
>> MAYOR, I WITHDRAW THE MOTION. THAT CLEARS THE TABLE AT THIS
POINT. >> AND SOMEBODY NEEDS TO PULL K
I MAKE A MOTION TO PULL ITEM K AND L.
>> ALL RIGHT. SO, I MOVE TO APPROVE EXCLUDING K AND L. IS THERE A SECOND?
[k. Approve staff recommendation in response request to reduce demolition fees in the amount of $21,363.14 against 1215 Avenue F, Fort Pierce, FL, Parcel ID# 2404-823-0009-000/6 owned by Eulene Nelson by waiving the interest, penalties and administrative costs in the amount of $7,427.14 leaving a balance due of $13,936.33 payable in 60 days. (The proposed buyer, Vincent Marcellino, is asking to waive all fees in the amount of $21,363.14, which requires the item be pulled from the Consent Agenda with a direct vote of the City Commission.)]
>> YES. >> APPROVE STAFF RECOMMENDATION IN RESPONSE TO REDUCE DEMOLITION FEES IN THE AIM OF $21,363.14.
WAIVE PENALTIES IN THE AMOUNT OF $7,227.14 SENTS.
LEAVING A BALANCE AND THE APPLICANT IS ASKING ALL FEES BE
WAIVED. >> I WOULD IMAGINE THIS IS DEMOLITION AND HARD COSTS WE WANT TO RECOVER.
I UNDERSTAND THAT. AGAIN YOU CAN DEMOLISH A BUILDING THAT WAS ON THE PROPERTY.
YOU CAN DO WHATEVER IT TAKES TO GET THE PROPERTY BACK TO A MARKETABLE CONDITION AND YOU CAN FIND YOURSELF OUT OF THE MARKET BY DOING SO. I DON'T KNOW IF IT'S A HELP BUT I WAS LOOKING AT BOTH THESE ITEMS AND I WILL TAKE K FIRST AS PARTICIPATING IN THAT BY REDUCING IT BY 50%.
>> DISCUSSION. >> MADAM MAYOR.
DO WE HAVE A SUMMARY THAT CAN BE BROUGHT UP WITH THE FEES
ASSOCIATED WITH >> GOOD AFTERNOON.
MADAM MAYOR. >> I'M TRYING TO FIND THE PAGE.
[00:25:01]
IF YOU TELL ME, I WILL FIND IT ALSO.>> MADAM MAYOR. AS THE BACKUP MATERIALS THAT YOU MAY HAVE AVAILABLE ON THE AGENDA ONLINE, YOU WILL SEE THERE'S A DOCUMENT. LOOKS LIKE THIS.
YES, THAT'S ONE OF THEM. THE OTHER IS THE LOCATION HISTORY THAT HAS A GOOD OUTLINE GOING BACK TO 1996 FOR THIS ADDRESS AND THEY ARE HIGHLIGHTED.
WHAT CAME INTO COMPLIANCE AND ULTIMATELY WHAT DIDN'T AND I THINK MR. REYES WAS ALLUDING TO IT.
CONDEMNATION AND SEVERAL LOT CLEARINGS.
>> SO JUST SO I UNDERSTAND COMMISSIONER J. JOHNSON.
WHEN YOU WERE ASKING FOR A BREAK DOWN.
ARE YOU ASKING FOR A BREAK DOWN OF COSTS OR
>> THE TOTAL DUE IS $21,363.14. THE HARD COSTS ARE THE $13,936.
THERE WAS $100 ADMIN FEE. THERE WAS $6,105.66 FOR INTEREST
AND $1,221.48 FOR PENALTIES. >> OKAY.
YEAH, I SEE IT NOW. THE LAST ATTACHMENT ON OUR AGENDA I BELIEVE. FROM
>> COMBHIRG YOU'RE TALK COMMISSIONER COMMISSION YOU'RE 50%?
>> YES, SIR. >> BALANCE THROUGH DUE 13
HALF OF THAT. >> HOW BIG IS THE PARCEL?
>> IF YOU -- COMMISSIONERS, I LOOKED AT THE PROPERTY CARD ATTACHED IN THE BACKUP ADDENDUM IT BRINGS IT PROBABLY IN ALIGNMENT WHEN THE PROPERTY IS APPRAISED AT AND VALUE ET CETERA. MAYBE A LITTLE UNDER THAT.
MY QUESTION TO STAFF, SO, THERE WILL BE A NUMBER OF THINGS DUE IN 60 DAYS. WHAT IS THAT PROCESS LOOK LIKE AFTER IF THESE ARE NOT BROUGHT INTO COMPLIANCE OF WHERE WE ARE
OR WHAT WE'RE ASKING FOR? >> THERE ARE TWO AVENUES.
NUMBER ONE IF IT'S NOT PAID WITHIN THE 60 DAYS IT REVERTS BACK TO THE FULL AMOUNT DUE. AND AS MR. SWEENEY WAS SAYING, THE APPLICANT CAN APPLY AGAIN AND MAKE AN ADDITIONAL REQUEST.
OPTION TWO IS THE APPLICANT REQUEST AN EXTENSION.
WE BRING THAT BACK BEFORE THE CITY COMMISSION FOR AN EXTENSION
OF TIME TO PAY THE AMOUNT DUE. >> I DON'T KNOW IF THIS IS IN YOUR DEPARTMENT OR NOT. WE HEARD FROM THE APPLICANT AND THE COMPANY AS FAR AS DEVELOPMENT AND SOME OF THOSE PROPOSALS. HAVE WE RECEIVED ANYTHING FROM OUR PLANNING, CONSTRUCTION? ANYTHING AS FAR AS ANYTHING MOVING FORWARD ON A DEVELOPMENT OF THESE PROPERTIES?
>> THAT I DON'T KNOW, SIR. >> OKAY.
>> BUT WE DO KNOW THIS PARTICULAR COMPANY HAS DONE WORK ALREADY IN THE LINCOLN PARK NEIGHBORHOOD.
>> YES, MA'AM, THESE REPRESENTATIVES FROM THIS COMPANY HAS BEEN TO OUR CRA ADVISORY MEETING.
AND SHOWN THE CAPACITY TO DO SATISFACTORY AND ABOVE SATISFACTORY CONSTRUCTION WORK IN THE LINCOLN PARK AREA.
AS FAR AS THE CITY IS CONCERNED, THEY HAVE A VERY SUCCESSFUL TRACK RECORD IN THE AREA OF CONSTRUCTION.
I DO BELIEVE THAT THEY'RE INVESTMENT AND CONTINUED DEVELOPMENT IS CONTINGENT UPON THE AMOUNT OF THIS BALANCE DUE
WITHIN THE NEXT 60 DAYS. >> AND WE ARE HAVING THIS PROCESS LOOKED AT TO WHERE WE CAN COME TO GRIPS WITH THIS KIND OF THING WHEN THE COST ARE SO MUCH GREATER THAN THE PRICE OF
THE LAND, RIGHT? >> ABSOLUTELY.
PEGGY HAS BEEN WORKING ON THAT QUITE A BIT.
SHE'S SENT ME A LOT INFORMATION THE LAST COUPLE DAYS.
>> WE DON'T WANT TO BE SELF DEFEATING.
>> IT WAS ONLY THREE E-MAILS. >> WE DON'T WANT TO BE SELF DEFEATING. YES.
COMMISSIONER PERONA. >> LET ME GET THIS ON THE RECORD. SO, I MAKE A MOTION TO AMEND STAFF'S APPROVAL TO 50% OF $13,936.33 PAYABLE IN 60 DAYS
FOR ITEM K. >> IS THERE A SECOND?
>> SECOND THAT MOTION. >> IS THERE ANY DISCUSSION?
[l. Approve staff recommendation in response to request to reduce demolition fees in the amount of $16,052.44 against 3106 Avenue C, Fort Pierce, FL, Parcel ID# 2408-123-0014-000/7 owned by 2nd Generation Building Corp., by waiving the interest, penalties and administrative costs in the amount of $9,287.44 leaving a balance due of $6,765.00 payable in 60 days. (The proposed buyer, Vincent Marcellino, is asking to waive all fees in the amount of $16,052.44, which requires the item be pulled from the Consent Agenda with a direct vote of the City Commission.)]
>> YES, MA'AM. >> THE ITEM L IS THE SAME TO
[00:30:05]
REQUEST $16,052.04 AGAINST 3906 AVENUE C.SATISFY IS RECOMMENDING BALANCE DUE OF $6,765 BE PAID IN 60 DAYS AND THE APPLICANT IS ASKING FOR ALL FEES TO BE WAIVED.
>> IS THERE A MOTION OR >> MADAM MAYOR.
>> YES. >> I MAKE A MOTION TO AMEND ITEM L TO BE 50% OF SIX THOUSAND SEVEN -- EXCUSE ME, $6,765 PAYABLE IN 60 DAYS FOR ITEM L. IS THERE A
[a. Legislative Hearing - Ordinance 21-011 Amending Chapter 103, Article II, Administrative Amendments to the Florida Building Code, 7th Edition (2020). SECOND READING]
OKAY. WE MOVE ON TO PUBLIC HEARINGS.THE FIRST ITEM IS LEGISLATIVE HEARING ON ORDINANCE-21-0011 FOR AMENDMENTS OF FBC. CORRECTING CODIFICATION ERRORS OF LOCAL, TECHNICAL AMENDMENTS TO THE FLORIDA BUILDING CODE.
I'M PROVIDING FOR AN EFFECTIVE DATE.
THIS IS THE SECOND READING. >> THIS IS THE SECOND READING.
ANY WISHING TO ADDRESS THIS ISSUE, PLEASE COME
AT THE LAST CITY COMMISSION MEETING, OUR BUILDING OFFICIAL WAS UNABLE TO PRESENT THE ITEM DUE TO ILLNESS.
WOULD YOU LIKE THIS TO BE PRESENTED TO YOU.
>> WELL, HE IS HERE TO DO SO. >> I COULD SEE HIM WAITING IN
THE WINGS. >> MADAM MAYOR AND COMMISSIONERS. THIS IS SOMETHING THAT VERY POSITIVE. THIS AMENDMENT AND ESTABLISHMENT OF A LOCAL ORDINANCE IS FOR MOBILE HOMES.
AND MOBILE HOMES PRESENT A VERY INTERESTING PROBLEM IN EVERY CITY BECAUSE ACCORDING TO THE FLORIDA BUILDING CODE, THEY'RE NOT LEGISLATED. THEY'RE NOT DWELLING UNITS.
THEY'RE TECHNICALLY VEHICLES THAT ARE, THEY'RE CONSTRUCTED AND THEY'RE THE LEGISLATION IS THROUGH F DOT.
SO, IT BECOMES VERY DIFFICULT WHEN A PERSON OWNS A MOBILE HOME AND WANT TO PULL A PERMIT TO PUT A ROOF ON OR MODIFY THEM IN ANY WAY. THEY CAN'T FOLLOW THE BUILDING CODE AND WHAT STANDARD DO THEY FOLLOW? IT BECOMES PRICKLY. WE HAVE HAD A LOT OF DISCUSSION ABOUT PORT SAINT LUCIE DOES THIS.
THIS ORDINANCE IS TO ESTABLISH A LOCAL ORDINANCE THAT ALLOWS MOBILE HOMES FOR PERMITTING, EXCUSE ME, FOR PERMITTING THROUGH, EXCUSE ME, PERMITTING THROUGH THE BUILDING DEPARTMENT BUT WE ESTABLISHED THE STANDARDS FROM F DOT AS THE STANDARDS THAT THE MOBILE HOMES WILL BE, THEY WILL BE CONSTRUCTED TO REPAIR TO AND INSPECTED TO. ALSO, FOR OUR NORMAL STRUCTURES IN THE CITY OF FORT PIERCE, THE INTERNATIONAL PROPERTY MAINTENANCE CODE IS THE STANDARD TO WHICH REPAIRS ARE REQUIRED.
WELL BECAUSE THEY'RE VEHICLES, THE IPMC DOESN'T APPLY TO THEM.
THIS IS TO ESTABLISH THE INTERNATIONAL PROPERTY MAINTENANCE CODE APPLY TO MOBILE HOMES.
>> DOES THIS COINCIDE WITH WHAT THE COUNTY DOES AND PORT PORT
ST. LUCIE DOES? >> THIS ESTABLISHES A LOCAL ORDINANCE THAT SAYS THIS IS WHAT WE'RE DOING HERE.
THE CITY OF FT. PIERCE IS SHOWING LEADERSHIP BECAUSE APART FROM THIS, EVERYBODY DOES WHAT THEY WANT AND IT'S VERY CONFUSING FOR THE CONTRACTOR THAT IS COME IN, AND SO I THINK THIS IS GOING TO BE JUST A ESTABLISH FORWARD TO SAY THIS IS THE LAW IN THE CITY OF FT. PIERCE AND WE HOPE TO SET AN
EXAMPLE. >> THAT STANDARD IS BASED ON?
>> IT'S BASED ON THE DEPARTMENT OF TRANSPORTATION.
IT'S NOT THE BUILDING CODE. SO THE WAY THAT WAS BUILT.
THEY BUILT THESE IN A FACTORY AND THEY'RE APPROVED AND PUT A STICKER ON THEM IN THE FACTORY AND ALL WE'RE SAYING, YOU HAVE MAINTAIN THAT STANDARD THAT THE F DOT SAYS IS REQUIRED.
ANY QUESTIONS? COMMISSIONER PERONA.
>> I ALWAYS THOUGHT THEY WERE CONTROLLED BY THE DMV.
IS AND SO WHEN IT COMES TO MOTOR HOMES.
WHAT HAPPENS WITH THOSE? >> MOTOR HOMES ARE A TRUE
[00:35:02]
VEHICLE. YOU ARE NOT SUPPOSED TO LIVE IN A MOTOR HOME FOR AN EXTENDED PERIOD OF TIME BECAUSE YOU CAN'T TIE IT DOWN. A MOBILE HOME IS DESIGNED TO TAKE THE WHEELS OFF AND BE PUT ON THE PEDESTALS AND HAVE THE CONNECTIONS FOR SEWER, WATER AND ELECTRIC TO COME IN PERMANENTLY.THEY HAVE SYSTEMS, OUTSIDE AIR CONDITIONING SYSTEMS AND THOSE THINGS OBVIOUSLY WATER HEATERS THAT NEED TO BE REPAIRED AND SO IT'S MORE LIKE A DWELLING BUT TECHNICALLY A VEHICLE.
>> SO DO YOU NEED A BUILDING PERMIT TO CHANGE A WATER HEATER
>> LET ME GET THIS CLEAR. WELL, ULTIMATELY, YOU JUST NEED
THE INSPECTION DONE. >> ANY OTHER QUESTIONS? THANK YOU VERY MUCH. SO AGAIN I OPEN THE PUBLIC HEARING. ANYONE WISHES TO ADDRESS THIS ISSUE PLEASE COME FORWARD. SEEING NO ONE.
I WILL CLOSE THE PUBLIC HEARING AND ENTERTAIN A MOTION.
[b. Public Hearing for the 2021-2024 Local Housing Assistance Plan (LHAP)]
>> MAYOR HUDSON. >> NEXT PUBLIC HEARING FOR THE
2021-2024 LOCAL HOUSING PLAN. >> MADAM MAYOR.
WE HAVE OUR GRANTS ADMINISTRATION MANAGER WHO WILL PRESENT THE LOCAL HOUSING PLAN PART OF OUR STATE
>> GOOD AFTERNOON MAYOR AND COMMISSIONERS.
I AM JUST LOOKING FOR THE INTERDEPARTMENTAL SHARE DRIVE HERE. TONIGHT WE HAVE THE 2021-2024 LOCAL HOUSING ASSISTANCE PLAN PUBLIC HEARING.
THE PURPOSE THIS IS TO SET FORTH STRATEGIES TO INCREASE THE DELIVERY OF AFFORDABLE HOUSING WITHIN THE CITY LIMITS OF FT.
PIERCE AND THIS PUBLIC HEARING FOLLOWS A 30-DAY PUBLIC COMMENT PERIOD FOR THE SHIP PROGRAM AND INCLUDES STRATEGIES THAT WILL UNDERTAKE SHOULD WE RECEIVE FUNDING FOR THE NEXT THREE YEARS. THIS PLAN IS DUE TO THE FLORIDA HOUSING FINANCE CORPORATION ON MAY SECOND.
A QUICK OVER VIEW ON THE L HAP FOR CHANGES.
NEW CONSTRUCTON. WE DID NOT HAVE THAT AN AS AN OPPORTUNITY OR OPTION IN THE PREVIOUS PLAN.
WE HAVE BEEN ABLE TO USE SHIP FUNDING TO CONVERT ASSUMABLE
MORTGAGES, LAND USE RESTRICTIONS >> DEED RESTRICTIONS OR ANY PROJECTS WE HAVE I E OAKS AT MORES CREEK.
DISASTER POST DISASTER MITIGATION ARE THE SAME AS BEFORE AS WELL AS ELDERLY AND SPECIAL NEEDS HOUSEHOLDS.
THE INCOME LIMITS THAT WE MUST SET THAT WE HAVE TO FOLLOW ARE HERE. OUR INCOME LIMITS FOR 2021 FOR EXTREMELY LOW, VERY LOW AND MODERATE HOUSEHOLDS.
AT THE APRIL 14TH COMMUNITY WIDE COUNCIL MEETING, THE BOARD OF THE COMMUNITY COUNCIL BOARD ALSO SERVES AS THE AFFORDABLE HOUSING ADVISORY COMMITTEE. THEY APPROVED THE AHAC REPORT TO FACILITATE AFFORDABLE HOUSING, EXPEDITED PERMITTING, ON GOING REVIEW OF OUR STANDARD AND THE SAME FROM PREVIOUS PLANS.
THE COMMITTEE ALSO CONSIDERED DENSITY FLEXIBILITY, FEE WAIVERS AND ALL STRATEGIES WE CURRENTLY IMPLEMENT AND WERE NOT PART OF THE PLAN. THAT REPORT IS PART OF THE L HAC THAT WILL BE SENT TO THE STATE. I WOULD LIKE TO TAKE THE OPPORTUNITY TO BRIEFLY ANNOUNCE THAT THE SHIP FUNDS FOR A PROGRAM YEAR 2019 ARE AVAILABLE. WE HAVE FIRST TIME HOME BUYER AND OWNER OCCUPIED REHAB. APPLICATIONS ARE AVAILABLE ON MAY THIRD ON OUR CITY'S WEBSITE. WE CAN E-MAIL THEM AND MAIL THEM TO YOU. PLEASE CONTACT OUR
MA'AM. ANYONE WISHING TO ADDRESS THIS PLEASE COME FORWARD. SEEING NO ONE.
I WILL CLOSE THE PUBLIC HEARING. WE DO NOT HAVE TO TAKE ACTION.
JUST REQUIRED PRESENTATION. >> ANY QUESTIONS?
[00:40:01]
[c. Continuation from March 15, 2021 - 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.]
THE NEXT ITEM IS CONTINUATION FROM THE MARCH 15, 2021 HEARING AN APPLICATION FOR CONDITIONAL USE WITH NO NEW CONSTRUCTION SUBMITTED BY PROPERTY OWNER SUSAN BAKER AND APPLICANT MICHELE LONGARZO TO OPERATE A DWELLING RENTAL WITH A RENTAL PERIOD OF 30 DAYS OR LESS. THE PROPERTY IS 1577 THUMB POINT DRIVE AND ZONED SINGLE FAMILY INTERMEDIATE DENSITY R-2.>> MR. SWEENEY. >> MR. SWEENEY, YOU'RE GOING TO BE KIND OF LAYING DOWN KIND OF THE GUIDELINES FOR TONIGHT.
AND WHAT YOU'RE GOING TO READ NOW.
WILL THIS APPLY TO ALL OF THE QUASI JUDICIAL TONIGHT?
>> IT WILL APPLY MOSTLY BUT THERE'S A SECTION BECAUSE THIS
IS A CONTINUED HEARING. >> WE MAY DO IT AGAIN.
>> YEAH, MAYBE YOU WILL DO IT AGAIN.
YOU MAY PROCEED. >> THIS IS A CONTINUED HEARING FOR A QUASI JUDICIAL HEARING. THE CITY COMMISSION SERVES AS A LEGISLATIVE AND QUASI JUDICIAL ROLE.
YOU PASS LAW AND ESTABLISH POLICY.
WHEN ACTING AS A QUASI JUDICIAL POLICY, YOU ARE HELD TO STRICTLY REQUIREMENTS. THEY ARE LESS FORMAL THAN BEFORE A FORMAL COURT. YOU MUST FOLLOW NOTICE AND DUE PROCESS AND DECISIONS MUST BE MADE ON COMPETENT DUTY.
YOU HAVE THE RESPONSIBILITY TO CONDUCT MORE LIKE JUDGES THAN LEGISLATURES. THE UNIFORM PROCEDURES FOR QUASI JUDICIAL HEARINGS THAT WILL BE FOLLOWED THIS EVENING.
AS THIS IS A CONTINUED HEARING OF A PREVIOUS QUASI JUDICIAL HEARING, THE PRESENTATION WILL BE LIMITED TO ADDITIONAL RESEARCH ON THE PREVIOUSLY PRESENTED TESTIMONY.
ANY ATTEMPT TO INTRODUCE NEW TESTIMONY EVIDENCE OR INFORMATION THAT OUTSIDE THE WILL BE CONSIDERED IRRELEVANT AND DISREGARDED. NO ONE SHOULD APPROACH ANY MEMBER OF THE CITY COMMISSION OR CITY CLERK ON THE DAIS.
IF DOCUMENTS ARE TO BE GIVEN TO THE CITY CLERK.
GIVE THEM TO THE SERGEANT AT ARMS. EITHER OF THE TWO POLICE OFFICERS IN THE CHAMBER.
>> MADAM MAYOR. THE DIRECTOR OF PLANNING PLACED THE STAFF RECOMMENDATIONS FROM THE PREVIOUS MEETING UP ON THE SCREEN. CITY STAFF HAS NO FURTHER OR ADDITIONAL PRESENT.
THESE PROCEEDINGS ARE CALLED TO OTHER.
PLEASE CONFIRM COMPLIANCE WITH THE ADVERTISING AND NOTICE.
>> I HAVE A QUICK QUESTION FOR MR. SWEENEY.
THIS IS THE ONE WE WERE TALKING ABOUT COMMISSIONER ALEXANDER ASKED FOR A CONTINUE TO BE CONTINUED?
>> SO, YES. THANK YOU MADAM MAYOR.
PRIOR TO THE MEETING TONIGHT. WE WERE ATTEMPTING TO ASCERN COMMISSIONER ALEXANDER'S ABILITY TO PARTICIPATE.
HE INDICATED HE WOULD NOT BE ABLE TO PARTICIPATE WHICH IS WHY WE DO NOT HAVE HIM IN PERSON OR ON THE PHONE.
HE INDICATED HE WOULD LIKE TO BE ABLE TO PARTICIPATE IN THE DECISION OF THIS MATTER AND ASKED ESSENTIALLY FOR A CONTINUOUS IF I'M PHRASING THAT ON THIS PARTICULAR MATTER.
WITH THAT SAID, OUR PROCEDURES TYPICALLY DON'T LEND THEMSELVES TO THE COMMISSION MAKING THAT DECISION.
I WILL REFER BACK TO THE RESOLUTION I REFERENCED EARLIER.
THE QUESTION OF A CONTINUOUS IS TYPICALLY GRANTED BY THE REQUEST OF ONE OF THREE PEOPLE. THE APPLICANT, AN INTERVENER, WE DO NOT HAVE ANY FORMAL INTERVENERS IN THIS PARTICULAR CASE OR BY STAFF. SO, YOU COULD POLL THE APPLICANT. THAT WOULD SEEM TO BE THE STARTING POINT TO SEE IF THEY WOULD LIKE TO CONTINUE THIS OR
NOT. >> WOULD YOU APPLICANT PLEASE COME FORWARD AND ANSWER YES OR NO.
PLEASE COME FORWARD. WOULD YOU BE WILLING TO CONTINUE
THIS? >> I WOULD LIKE TO OBJECT TO A CONTINUOUS. SAY YES OR NO.
>> THANK YOU. AND SO, AT THAT POINT, AGAIN IT'S IN YOUR SOLE DISCRETION. YOU HAVE HEARD WHAT THE APPLICANT SAID. THERE'S NO INTERVENER.
I DON'T KNOW IF STAFF HAS A POSITION ON THIS OR NOT.
I WOULD HAVE TO DEFER TO MR. MIMS AND STAFF ON THAT.
>> NO. WE DO NOT HAVE A POSITION.
WE DON'T HAVE ANY ADDITIONAL INFORMATION TO PRESENT.
[00:45:02]
>> IS THERE ANY OTHER COMMISSIONER THAT WOULD LIKE TO SAY ANYTHING AT THIS TIME? I WOULD CERTAINLY LIKE TO ACCOMMODATE OUR FELLOW COMMISSIONER BUT IT DOESN'T APPEAR THAT WE HAVE THAT ABILITY TO DO THAT.
AND SO, UNLESS THERE'S ANY OTHER COMMISSIONER WHO HAS ANYTHING ELSE TO SAY, WE WILL PROCEED. MS. COX.
WERE WE AT ADVERTISING? >> YES.
ADVERTISING HAS BEEN MET. >> ANDURE AT AT -- AT THIS TIME WE NEED TO DISCLOSE EX PARTE COMMUNICATION.
>> COMMISSIONER CJOHNSON. >> I HAVE HEARD FROM
I HAVE HEARD FROM RESIDENTS AND THE APPLICANT OR REPRESENTATIVE
OF THE APPLICANT. >> COMMISSIONER PERONA.
ALL OF THE ABOVE. >> AND MAYOR HUDSON.
>> YES, MA'AM. I HAVE HEARD FROM CITIZENS AND HAD E-MAILS I BELIEVE FROM THE APPLICANT.
>> THANK YOU. NOW IT'S TIME TO SWEAR IN IT THE WITNESSES. WOULD ANYBODY WISHING TO SPEAK ON THIS ITEM PLEASE STAND AND RAISE YOUR RIGHT HAND.
>> IF YOU'RE OUTSIDE AND YOU COULD STAND AND RAISE YOUR RIGHT HAND THAT'S FINE. YOU DON'T HAVE TO COME IN THE CHAMBERS. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH AND NOTHING BUT THE TRUTH.
>> I DO. I WILL ASK IF YOU COME FORWARD YOU CONFIRM WHETHER OR NOT YOU WERE SWORN IN.
WE WILL PROCEED TO OPEN THE HEARING ON THIS MATTER.
WHEN YOU COME FORWARD, IF YOU COULD STATE YOUR NAME AND ADDRESS. WE HAVE NO PRESENTATION OF THE CITY STAFF. WOULD THE APPLICANT PLEASE COME FORWARD. SO MR. SWEENEY JUST TO REITERATE, THE APPLICANT PRESENTS NEW INFORMATION.
IS THAT CORRECT? >> THE APPLICANT WILL PRESENT FOLLOW UP INFORMATION AS IT PERTAINS TO WHAT WAS PRESENTED AND LEFT ESSENTIALLY AT THE REQUEST OF THE COMMISSION TO BE RESEARCHED FURTHER. IF YOU RECALL, THAT'S WHY WE CONTINUED THIS HEARING. THERE WAS QUESTIONS FROM THE COMMISSION AND A MOTION WAS SUPPORTED TO CONTINUE IT TO ALLOW FURTHER ADDITIONAL RESEARCH ON THOSE.
I WILL CALL UNRESOLVED OR OPEN ENDED QUESTIONS.
TO THE EXTENT THE APPLICANT PRESENT TO DO SOMETHING BEYOND THAT SCOPE. THIS WOULD BE OUTSIDE OF YOUR
DELIBERATION. >> AND THE APPLICANT HAS 15
MINUTES FOR THIS. >> YES, MA'AM.
>> OKAY. ALL OF THIS INFORMATION IS ATTACHED TO THE AGENDA ITEM. I'M JUST GOING TO PULL IT UP DIRECTLY FROM THE AGENDA ITEM. SORRY, I'M JUST MAKING SURE I
KNOW HOW TO DO THIS. >> MAKE SURE YOU STATE YOUR NAME
AND ADDRESS PLEASE. >> MY NAME IS -- WERE YOU SWORN?
>> I AM MICHELE LONGARZO, 715. WE ARE HERE TODAY TO SUSAN BAKER'S APPLICATION. FOR THE RECORD, 1577 THUMB POINT DRIVE. THIS IS A CONTINUATION AND I JUST WANT TO BRING SOME THINGS TO LIGHT TO THE COMMISSIONERS.
FIRST, WE HAD A FEW ITEMS THAT WE WERE BROUGHT TO LIGHT AND WE
[00:50:02]
WENT AHEAD AND MADE A SLIDE PRESENTATION FOR THE PUBLIC AND ALSO FOR THE COMMISSIONERS AND MADAM MAYOR.WITH REGARDS TO SOME OF THE ISSUES THAT HAD COME UP.
WE'RE JUST GOING TO ADDRESS THOSE THING.
THIS IS A QUASI JUDICIAL HEARING.
I'M GOING TO PUT ON THE RECORD I WOULD LIKE TO CROSS-EXAMINATION ANYBODY THAT COMES UP. IS THAT OKAY MR. SWEENEY?
>> WELL, MR. SWEENEY WILL RULE ON THAT LATER.
>> PERFECT. SO, THE FIRST SLIDE JUST KIND OF GOES THROUGH SOME OF THE ISSUES THAT WE HAD CITY RESOLUTIONS, WE HAD NOISE ORDINANCES AND TAXES AND ALL OF THESE THINGS.
SO, WE'RE GOING TO GO ON TO THE NEXT SLIDE.
THE QUASI JUDICIAL HEARING IN ITSELF AND MAKING SURE THAT YOU KNOW AGAIN WE'RE JUST PUTTING ON THE RECORD THAT IT CANNOT BE HYPOTHETICAL, SPECULATION OR FEAR OR EMOTIONAL STATEMENT THAT DO NOT ADDRESS RELEVANT ISSUES AND CANNOT BE SAID TO SUPPORT THE ACTIONABLE ITEMS OR NOT COMPETENT STATEMENTS.
WITH REGARDS TO CONTINUATIONS, WE DID HAVE A CONTINUATION WHO THE CITY HAD 30 DAYS. I HAVE REQUESTED FOR ADDITIONAL INFORMATION NONE WAS GIVEN TO ME.
SO, ON THE NEXT SLIDE, WE HAVE COLLINS FIRE PROTECTION AND LIFE SAFETY. SO, MR. COLLINS WENT OUT TO THE RESIDENCE AND DID A THOROUGH INSPECTION INSIDE AND OUT.
I WILL READ ON THE RECORD. ON APRIL 8TH, 2021, CONDUCTED A LIFE SAFETY INSPECTION TO REFLECT COMPLIANCE WITH THE RESIDENTIAL SEVENTH ADDITION AND THE FIRE PREVENTION CODE SEARCH.
LICENSED PROFESSIONAL ENGINEER WITH MY EXPERTISE IN SAFETY.
I HAVE BEEN PRACTICING IN MY PRIVATE PRACTICE FOR THREE YEARS AND BUILDING CODE CONSULTANT. FACT FINDING.
IT SAYS MY FINDING AFTER CONDUCTING THE INSPECTION OF THE RESIDENCE OF SINGLE FAMILY DWELLING IS THE PROFESSIONAL ENGINEER OPINION THAT THE HOME IS IN COMPLIANCE WITH BOTH THE FBC R AND THE FFBC AS IT RELATES TO FIRE PROTECTION AND LIFE SAFETY OF AN EXISTING SINGLE FAMILY DWELLING.
SO, WE DID HAVE IT INSPECTED. TO GIVE FURTHER EVIDENCE TO MADAM MAYOR AND THE COMMISSIONERS.
OKAY WITH REGARDS TO ANIMALS, I THINK THAT WAS ALSO BROUGHT TO OUR ATTENTION AND WE WANT TO MAKE SURE THAT WE PUT ON THE RECORD THAT PART TIME RESIDENTS, IF YOU RESIDE WITHIN FT. PIERCE FOR SIX MONTHS, YOU HAVE TO OBTAIN A LICENSE FOR YOUR ANIMALS. FOR VISITING ANIMALS.
THAT DOES NOT EXIST. SO, WITH IMPORTANCE TO TOURISM, WE DID SOME RESEARCH. THIS COMES FROM PORT ST. LUCIE.
IT'S ALL ONLINE FOR EVERYONE TO LOOK AT.
BASICALLY, WHAT IS HAPPENING IS THAT PEOPLE ARE COMING HERE FOR EVERY HUNDRED DOLLARS THEY SPEND ON ACCOMMODATIONS, THEY ARE SPENDING APPROXIMATELY $700 ACCORDING TO ST. LUCIE GOING TO PUBLIX, PARTICIPATING IN ACTIVITIES AND YOU KNOW, SUPPORTING ALL OUR LOCAL VENDORS AND OUR RESTAURANTS WHICH ARE SO IMPORTANT BECAUSE WE HAVE FAMILIES ON THE ISLAND.
THIS GOES THROUGH THE WHOLE DEMOGRAPHICS WITH REGARDS TO THAT. THIS PARTICULAR RESIDENCE IS IN THUMB POINT. WHY IS THUMB POINT DIFFERENT? SO WE'RE GOING TO LOOK AT THE CONDITIONAL USE PERMITS APPROVED AROUND THUMB.. THERE'S 20 APPROVED CONDITIONAL USE AROUND THUMB POINT. WE AS A COMMUNITY MUST TREAT EACH OTHER EQUALLY AND YOU KNOW SO REALLY THERE'S NO DIFFERENCE BETWEEN ONE RESIDENCE WHETHER OR SEA WAY OR ON FARBER OR GRANADA OR ANYTHING PLACE IN HERE. IT'S NOT RELEVANT TO SAY A HOME IN THUMB POINT IS DIFFERENT. IT'S NOT.
THE ONLY THING THAT IS ON THE RECORD THAT IS NOT ALLOWED TO HAVE A SHORT TERM RENTAL IS E-1 FROM WHAT I KNOW.
THIS IS AN R-2. R STANDING FOR RESIDENTIAL.
LOOK AT DATA FROM THE FLORIDA LEAGUE OF CITIES AND FLORIDA DBPR. PORT ST. LUCIE IS WAY BELOW THE
[00:55:04]
CITY ADDRESS. FEW SHORT TERM RENTAL ISSUES.I HAVE STATED ON THE RECORD. THERE ARE VERY INFREQUENT ISSUES. MOST OF THE TIME THEY WANT TO KNOW WHERE THEY CAN GO TO EAT DINNER.
THE COMMISSIONERS WERE CONCERNED WITH WHAT ACTIVITIES GUESTS WOULD WANT TO DO WHEN THEY VISIT FORT PIERCE.
YOU WILL SEE WHAT THEY WANT TO DO.
THE FIRST THING THEY WANT TO DO IS RELAX.
UNWIND AND GO TO THE BEACH. MOST OF MY CLIENTS ASK ABOUT THAT. WHERE IS THE CLOSEST BEACH.
FORTUNATELY, MOST OF OUR PARKING IS FREE.
THEY CAN PICK UP THEIR FAMILIES AND ENJOY THE BEACH AND THEY WILL GET HUNGRY AND THEY WANT TO FEED THEM OR THEIR KIDS AND THEY SPEND MORE MONEY WHICH IS SOMETHING WE ALSO NEED.
AS FAR AS VISITOR ACTIVITIES. HERE ARE SOME OF THEM.
IT'S RELAXING. VISITING WITH FAMILY AND FRIENDS. THE BEACH ATTRACTIONS.
FAMILY VACATIONS. WE HAVE TONS OF MUSEUMS WHICH IS SOMETHING WE WANT TO PROMOTE. SPORTING ACTIVITIES.
WE HAVE THE METS AND THEN ALL THESE OTHER, I GET PEOPLE THAT COME IN FOR WEDDINGS AND ANY OTHER KIND OF ACTIVITY.
WATER SPORTS ET CETERA. WE'RE GOING TO BE A MARINE COMMUNITY SOON. A VERY BIG ONE.
COMMISSIONERS WERE CONCERNED THAT THE CITY OF FT. PIERCE DOESN'T GET TAX MONEY. WE TALKED ABOUT DIRECT DOLLARS WHETHER IT COMES TO THE FIVE %. I PUT ON THE RECORD I DON'T AGREE WITH THE FACT YOU GUYS DON'T GET MONEY.
HOWEVER, YOU KNOW AS FAR AS INDIRECT DOLLARS, AGAIN YOU HAVE THAT ONE TO SEVEN RATIO. THAT'S REALLY GOOD, IRRESPECTIVE TO THE FACT YOU DON'T GET THE ACTUAL TAX DOLLARS.
BY THE SHORT TERM RENTALS COMING IN, YOU'RE STILL GETTING MONEY WITH THEM SPENDING MONEY IN THE COMMUNITY ITSELF.
SO THAT'S FANTASTIC FOR ALL OF US.
WE DON'T NEED A STATE TAX. HERE IS DIRECT SPENDING DATA.
AS YOU CAN SEE. AND THIS IS WHERE THE SEVEN TO 1 RATIO COMES IN. FOR EVERY DOLLAR SPENT ON ACCOMODATION, $7 ARE SPENT ON OTHER ACTIVITIES WHICH GOES TO SUPPORT ALL OF OUR VENDORS AND YOU KNOW OUR RESTAURANTS.
IT SAYS ACCORDING TO THE CITY ZONING AND THE USE TABLE, THIS IS NOT A RUNNING A HOTEL. IT IS NOT ZONED TO BE ABLE TO BE RUN AS A HOTEL. IT'S ZONED AS A DWELLING RENT IN A RESIDENTIAL NEIGHBORHOOD. I KNOW THERE'S BEEN CONTROVERSIAL TESTIMONY WITH REGARDS TO THIS IS A HOTEL.
I CAN REST ASSURED THIS IS NOT A SOME PEOPLE CHOOSE TO BE IN A HOTEL AND SOME PEOPLE CHOOSE TO BE IN A SHORT TERM RENTAL.
SOME PEOPLE WOULD LIKE TO COOK A MEAL WHILE THEY'RE ON A VACATION. MOST HAVE FULLY KITCHENS WHEN ARE FULLY OPERATIONAL VERSUS GOING TO HOTEL.
WHATEVER REASON THEY WANT TO PICK A VACATION RENTAL.
YOU HAVE THE ZONING INFORMATION. HERE'S THE ZONING INFORMATION.
OF COURSE, YOU KNOW, YOU GUYS HAVE ALL YOUR ALLOWABLE USAGES AND ZONING CANNOT BE PROHIBITED PER THE STATE.
WE'RE NOT ALLOWED TO MIMIC OR VIOLATE PROPERTY RIGHTS WHICH WE DISCUSSED PREVIOUSLY. THE COMMISSIONERS WERE CONCERNED WITH SHORT TER RENTERS WILL MAKE A LOT OF NOISE.
FT. PIERCE HAS A NOISE ORDINANCE.
IF ANY ISSUE COMES UP LIKE THIS, YOU KNOW WE ALREADY HAVE SOMETHING SET IN PLACE WITH YOUR ORDINANCES AND HERE'S THE ORDINANCE. I KNOW MYSELF AND MOST OF OTHER VACATION RENTALS. WE POST ON OUR WEBSITES THAT NOISE NEEDS TO CLOSE OFF AT A CERTAIN TIME.
JUST LIKE WE CAN'T CONTROL OUR NEIGHBORS, BUT WE CAN IF THERE'S AN ISSUE, IT CAN BE ADDRESSED IMMEDIATELY.
IT SAYS COMMISSIONERS WERE CONCERNED ABOUT SHORT TERM RENTALS MAKING A LOT OF TRASH. FORT PIERCE ALREADY HAS TRASH SERVICES. I'M PRETTY SURE TWICE A WEEK.
WE HAVE MONDAY AND THURSDAY. JACOBY WASHINGTON DOES A GREAT JOB RUNNING THE TRASH DEPARTMENT.
WE HAVE SEVERAL OPTIONS. YOU HAVE WHAT YOU GUYS HAD SET UP WHICH IS THE SEE CLICK FIX. THAT'S A GREAT OPTION AS WELL.
SO IF THERE'S AN ISSUE, EITHER YOU COULD REPORT IT THROUGH THERE OR CONTACT THE PROPERTY MANAGER DIRECTLY.
SO THE FLORIDA ATTORNEY GENERAL RULED THAT ZONING MAY NOT BE USED TO PROHIBIT RENTALS. TAKE NOTICE OF THIS.
ZONING MAY NOT BE USED TO PROHIBIT RENTALS IT'S BEEN RULED
[01:00:05]
BY THE FLORIDA ATTORNEY GENERAL. PREVIOUSLY, AFFORDABLE OFINE 179. I WENT UP TO TALLAHASSEE.WE HAD A DISAGREEMENT WITH THE BUILDING DEPARTMENT AND THEY WON. THIS IS A RESIDENTIAL AREA AND IT IS ALLOWED ACCORDING TO TALLAHASSEE.
IT'S ALLOWED WITH REGARDS TO THE FLORIDA ATTORNEY GENERAL.
LOOK AT THE STEPS AND THE REVIEWS THE APPLICANTS HAVE GONE THROUGH TO GET THIS USE. ALL OF US THAT HAVE GONE THROUGH THIS PROCESS HAVE JUMPED THROUGH EVERY HOOP.
WE HAVE ALL WALKED THROUGH THIS PROCESS AND WE HAVE PAID THE APPLICATION FEES. MRS. BAKER HAS PAID HER FEES AND SHE IS WITHIN HER RIGHTS TO BE APPROVED AND ALSO TO RECEIVE HER PERMIT TONIGHT. AND YOU KNOW OF COURSE I KNOW THERE'S A GENERAL FEAR FROM SOME OF THE PEOPLE THAT HAVE COME WITH ALL OF THEIR SIGNS AND THEIR SHIRTS ET CETERA.
HOWEVER, FEAR AS WE KNOW THROUGH THE QUASI JUDICIAL IS NOT A BASIS WHICH WOULD BE CONSIDERED COMPETENT SUBSTANTIAL EVIDENCE.
YOU HAVE GOT YOUR INFORMAL INTERCEPTION 8027 AND YOUR BINDING INTERPRETATION OF 179. BOTH COME FROM THE DEPARTMENT OF PROFESSIONAL BUILDING REGULATIONS.
BOTH STATE THIS IS ALLOWABLE AND WE JUST HAVE TO FOLLOW THE LAW BECAUSE THE PROPERTY RIGHTS, ONE OF THE THINGS THE BIGGEST THING ABOUT THE PROPERTY RIGHTS IS WE'RE HERE BECAUSE MISS BAKER HAS THE RIGHT TO DUE PROCESS. SHE'S ALSO GOT THE RIGHT TO GET COMPENSATION AND USE OF ENJOYMENT IN HER PROPERTY.
WITH THAT BEING SAID, I WOULD LIKE FOR THE COMMISSION AND THE MADAM MAYOR TO TAKE NOTICE OF THAT WE MUST FOLLOW THE LAW AND TREAT EVERYONE EQUALLY. IT'S NOT FAIR JUST BECAUSE THIS PARTICULAR PROPERTY IS IN THUMB POINT FOR US TO SUBJECT MISS BAKER TO ANY MORE CONTINUANCE. I'M SORRY THE COMMISSIONER IS NOT HERE. SHE HAS RIGHT TO START RENTING HER PROPERTY. IT'S TAKING AWAY FROM HER RIGHTS AS WELL. AND YOU WE'VE SEEN PEOPLE COME UP TO THE PODIUM AND THEY WILL STATE THEY'RE RIGHTS ARE MORE IMPORTANT. EVERYONE'S RIGHTS ARE THEIR RIGHTS. IF SOMEBODY COMES TO A SHORT TERM RENTAL AND THERE'S SOME ISSUE.
THAT HAS TO BE ADDRESSED. BUT, AS WE HAVE DISCUSSED BEFORE, I MEAN TO MY KNOWLEDGE, THERE AREN'T ANY AREAS THAT HAVE HAD POLICE INVOLVEMENT OR MAJOR ISSUE, PARTY OR ANYTHING THAT I'M AWARE OF IN ANY OF THE PEOPLE THAT I REPRESENTED.
I GO BACK TO THE PROPERTY MANAGEMENT AND THEN THE LAST THING I'M JUST GOING TO HOLDUP IS I HAVE SAID THIS IN EVERY SINGLE ONE THAT I HAVE EVER REPRESENTED.
WE DO HAVE SUPREME COURT CASE LAW HALE VERSUS HINKLE.
I MEAN THE UNITED STATES WAS INCORPORATED, THEREFORE ALL YOUR ORDINANCES ARE NOT LAWS. THEY ARE CORPORATE BY LAWS.
HER RIGHTS SUPER SUPERCEDE AND OF THESE OTHER THINGS.
SHE HAS ACTUAL RIGHTS TO BE APPROVED TONIGHT.
AND RUN THIS LIKE A PROPER BUSINESS THERE'S ALSO OTHER BALANCES AND THUMB POINT WHERE THERE'S PEOPLE THAT ARE ACTUALLY BAKING AND THEY'RE NOT EVEN LICENSED TO DO THESE THINGS AND IT'S HAPPENING ALL AROUND THE CITY.
THIS IS GOING TO BE A LEGITIMATE BUSINESS LICENSED BY THE DEPARTMENT OF BUSINESS REGULATIONS AND BY THE COUNTY AND CITY AND ANYTHING THAT HAS TO BE LICENSED.
I THANK YOU FOR YOUR TIME TONIGHT.
IF YOU HAVE QUESTION, I WOULD BE HAPPY TO ANSWER.
>> ANY QUESTIONS OF THE >> MADAM MAYOR.
>> YES, SIR. MS. LONGARZO, YOU MENTIONED THE ATTORNEY GENERAL'S RULE. DOES THAT ALSO REFERENCE THE
GRANDFATHER CLAUSE. >> THERE'S NO GRANDFATHER
CLAUSE. >> I HAVE A COUPLE QUESTIONS.
[01:05:01]
SO, WHEN THE SHORT, YOU HAVE EXPERIENCE IN SHORT TERM RENTALS. WHEN SOMEBODY LEAVES AND SOMEONE ELSE COMES, WHAT IS THE PROCEDURE FOR CLEANING IT ANDGETTING IT READY. >> THANK YOU FOR ASKING THAT QUESTION. SAY SOMEONE IS CHECKING OUT AT 11 O'CLOCK. YOU LET THEM CHECK OUT.
A CLEANING CREW COMES IN. AND MY CASE, WE HAVE A HOSPITAL GRADE OZENATOR AND ELIMINATES ALL BACTERIA.
THE AREA IS AIRED OUT AND THE CLEANING COMMERCES WITH THE
ACTUAL CHEMICALS. >> DO YOU SUPERVISE THESE
PEOPLE? >> I ACTUALLY CLEAN MOST OF MY UNITS MYSELF AND I SUPERVISE WHEN I'M NOT AVAILABLE.
SO, THAT WOULD BE A YES. THERE ARE PEOPLE THAT ARE IN TRAINING TO HELP ASSIST ME IN THIS AREA.
>> AND ALSO, I DON'T WANT TO PRY IN YOUR PERSONAL LIFE.
IS IT YOUR DRIVER'S LICENSE HAVE A LOCAL ADDRESS.
>> I AM PROTECTED. MY ADDRESS STATES I LIVE IN
TALLAHASSEE. >> AND SO, DO YOU, WOULD YOU OBJECT TO TELLING ME, DO YOU VOTE IN THIS COUNTY?
>> YES, MA'AM. >> YOU VOTE IN THIS COUNTY.
>> PORT ST. LUCIE. >> WITH SUPERVISOR OF ELECTIONS, I'M REGISTERED THERE. YES, MA'AM.
AND SO, WHEN YOU, I KNOW WE TALKED ABOUT VETTING PEOPLE.
SO WHEN YOU BOOK SOMEBODY, HOW DO YOU KNOW WHO IS IN THERE OTHER THAN THE PERSON THAT HAS THE CREDIT CARD?
>> TYPICALLY YOU WILL HAVE PEOPLE THAT WILL TELL YOU WHY THEY'RE COMING. PERSONALLY, ONCE I GET A CONFI CONFIRMATION, I'M JUST SPEAKING FOR MYSELF. I GET SOMEBODY THAT SAYS THEY'RE COMING, YOU GET A PHONE NUMBER. SO ONCE THEY HAVE PAID FOR IT, THEN YOU CAN CONTACT THEM BY PHONE.
OR BY TEXT. AND I ALWAYS REACH OUT BECAUSE I THINK IT'S PERSONAL CONTACT IS GOOD.
SO, TALK TO THEM, FIND OUT WHY THEY'RE COMING.
ASK THEM FOR THEIR E-MAIL ADDRESS SO I HAVE LIKE A WHOLE E-MAIL WHERE IT TELLS THEM THE RESTAURANTS AND WHAT THE ACTIVITIES ARE TO DO. A LOT OF TIMES I ASK THEM WHY THEY'RE COMING. I WANT TO BE GOOD AT CONCIERGE.
ONCE YOU SPEAK TO THEM AND FIND OUT WHY THEY'RE COMING, HAVE YOU OPTION IF THERE'S SOMETHING THAT'S NOT RIGHT TO BE ABLE TO DISCONTINUE THAT YOU KNOW THAT CONFIRMATION IF NECESSARY.
PEOPLE WHO ARE COMING, THEY ARE COMING WITH THEIR FAMILIES OR COMING TO VISIT. THEY HAVE SOMEONE THAT LIVES HERE IN FT. PIERCE OR GRANDMA IS HERE OR WHATEVER AND THERE'S NOT ENOUGH ROOM IN THE HOUSE AND THEY WANT TO VISIT FAMILY.
I GET A LOT OF PEOPLE WHO COME IN FOR WEDDINGS OR BECAUSE THEY LIVE IN MIAMI OR FT. LAUDERDALE AND IT'S SUCH A HUSTLE BUSTLE AND THEY WANT TO RELAX HERE. I THINK ASKING QUESTIONS IS A REALLY GOOD START OF VETTING BUT DO WE KNOW THE PHYSICAL NAME AND
ADDRESS OF EVERYBODY, IT'S NO. >> DO YOU KNOW HOW MANY ARE GOING TO BE STAYING IN THE HOUSE?
>> YES, IT IS REQUIRED FOR THEM TO TELL YOU HOW MANY PEOPLE WILL
AND THAT'S ALL. >> ANY OTHER QUESTIONS?
>> QUICK QUESTION. HAVE YOU WELL TO RETURN ANY DEPOSITS OR ANYBODY YOU VETTED THUS FAR IN THE WHOLE PROCESS?
>> LET ME THINK FOR A SECOND. THERE HAS BEEN I THINK I HAD ONE REQUEST BUT I THINK THEY HAD A RENOVATION THEY HAD TO DO AND CANCEL. IT'S MY RIGHT.
IF YOU WERE TO GO AHEAD AND MAKE A RESERVATION AND YOU CAN'T MAKE IT FOR SOME REASON AND IT'S PAST THE POINT OF WHEN THEY CAN LEGALLY YOU KNOW, THEN I CAN GO IN TO VRBO, AIR BNB AND RETURN
MONEY TO THAT PERSON. >> I THINK THINKING MORE OF THE VETTING PROCESS. DOES IT FEEL RIGHT.
YOU HAVE THE OPPORTUNITY. >> YES, SIR.
>> THAT'S WHAT I WAS ING REFERRING TO.
HAVE YOU RETURNED ANYBODY'S MONEY.
>> I JUST RECENTLY HAD AN INQUIRY ON MY OWN PROPERTY.
THEY CONTACTED ME FOR MY TWO BEDROOM AND THEY SAID THAT THERE WAS TWO COUPLES COMES AND THEY WERE NUDIST.
THEY WANTED TO KNOW IF THEY HAD A PRIVATE AREA AND I EXPLAINED TO THEM THAT THIS IS AN OPEN COMMON AREA AND THAT I DON'T
[01:10:01]
THINK IT'S GOING TO BE A GOOD FIT.I DECLINED IT. SO WE HAVE THE RIGHT.
IF THEY SAY WHAT THEY'RE SAYING, THANKFULLY HE WAS BEING HONEST.
WHATEVER REASON HE'S COMING. OKAY AND I JUST LET THEM KNOW, WE HAVE SMALL CHILDREN IN THE AREA.
I DON'T THINK THIS IS A GOOD FIT FOR YOU DECLINE.
>> OKAY. >> COMMISSIONER PERONA.
>> I REMEMBER LAST TIME THERE WAS A DISCUSSION ABOUT INSURANCES. SOMETHING HAS BEEN RINGING IN MY HEAD. LIABILITY INSURANCE.
IS THERE DIFFERENCE IN THE LIABILITY INSURANCE COVERAGE WHEN YOU HAVE A SHORT TERM RENTAL THAN A SINGLE FAMILY
>> WELL, WE ARE IN AN HOA IN OURS.
IN OURS WE HAVE AN INSURANCE POLICY.
BUT -- EXCUSE ME, OURS MEANING? >> I'M SORRY.
IN 715 SOUTH OCEAN, I >> WE HAVE INSURANCE THROUGH
THERE. >> BUT, VRBO HAS A MILLION DOLLAR INSURANCE POLICY. GOD FORBID SOMETHING HAPPENS, THEY HAVE INSURANCE. AIR BNB AND VRBO HAVE INSURANCE.
>> YOU REPRESENT A LOT OF PEOPLE MORE THAN YOURSELF.
IN SOME OF THESE SINGLE FAMILY HOMES AND YOU HAVE BEEN IN FRONT OF US BEFORE IN SINGLE FAMILY HOMES, IS THERE A DIFFERENCE IN HOMEOWNERS INSURANCE AND A SHORT TERM RENTAL INSURANCE?
>> NOT TO MY KNOWLEDGE. I BELIEVE THESE INSURANCE COMPANIES NEED TO CATCH UP. THE REASON I CAN EXPLAIN THIS AND BECAUSE I'M SPOKEN WITH COAST LINE INSURANCE WHICH IS LOCAL. YOU KNOW, UNFORTUNATELY, THE INSURANCE POLICIES, THEY DON'T, JUST KIND OF LIKE THE LAWS ARE, THERE'S A BUNCH OF THING THAT NEED TO GET CAUGHT UP HERE.
ONE OF THE THINGS IS THAT. I MEAN YOU CAN GET YOUR OWN MILLION DOLLAR UMBRELLA. WHICH IS WHAT SOME PEOPLE HAVE TO PROTECT THEMSELVES. SO THAT WOULD BE OVER GENERAL LIABILITY. BUT AS FAR AS A DIFFERENCE, I DON'T BELIEVE THERE IS A DIFFERENCE THAT I'M AWARE
>> COUPLE OTHER QUESTIONS. YOU BROUGHT UP A ZONING MAP OR PREVIOUS PARCELS THAT HAD BEEN APPROVED.
>> I WILL BRING THAT BACK UP. >> DO YOU KNOW WHAT ZONING DISTRICTS THOSE ARE COMPARED TO THIS ZONING APPLICATION?
>> WELL FROM MY RECOLLECTION, I CAN'T TELL YOU WHAT THOSE STATISTICS WOULD BE. I KNOW THERE ARE DIFFERENT ZONINGS. YOU KNOW FOR EXAMPLE, MINE IS ON THERE. I'M R-2.
I BELIEVE 355 SOUTH OCEAN IS R-2.
I'M NOT SURE ABOUT SEA WAY. I KNOW SEA WAY IS A DIFFERENT
ZONING. >> WHEN YOU SAY MY CONDO,
>> THAT'S R >> 13 UNIT BUILDING.
>> OKAY. MY BACK BUILDING IS AN R-2.
BUT THE 11 ADJACENT IS R 4 A. >> AND THIS PARCEL IS R 2.
>> AND YOU'RE GOING TO BE THE PROPERTY MANAGER.
ARE PROPERTY MANAGERS REQUIRED TO BE REAL ESTATE AGENTS IN
FLORIDA? >> NOT IF THEY ARE PRIVATE.
AND SO THERE'S A LOT OF DISCUSSION GOING ON WITH SHORT TERM RENTALS. THERES A GROUP OF INDIVIDUALS AND THIS COMMISSION TALKS ABOUT THIS ALL THE TIME.
>> YES, SIR. IS YOUR APPLICANT, IS THE APPLICANT WILLING TO ABIDE BY THE CHANGES MADE IF NEW RULES GO IN EFFECT THAT ALLOW SHORT TERM RENTALS IN A DIFFERENT WAY? ARE YOU WILLING TO COMPLY WITH THOSE NEW RULES? I WANT TO MAKE IT CONSISTENT. WHEN WE COME UP WITH RULES TO TALK ABOUT THESE THINGS, IF SOMETHING WERE TO CHANGE IN FT.
PIERCE, WOULD YOU APPLICANT BE ABLE TO ADHERE TO THOSE NEW
RULES? >> I THINK THAT'S REALLY BRINGING THE CART BEFORE THE HORSE BECAUSE WHEN YOU TAKE A CONDITIONAL USE, WE HAVE HAD THESE CONVERSATIONS, YOU KNOW YOU'RE AGREEING TO CERTAIN CONDITIONS.
SO IN MY OPINION, THAT WOULD REMAIN FOR WHATEVER YOU HAVE.
JUST LIKE WHEN YOU BUY INTO AN HOA, YOU KNOW, WHEN YOU BUY INTO AN HOA AND WE FOUND THIS OUT OURSELVES, THAT BASICALLY THE RULES THAT YOU PURCHASE IN IS WHAT REMAINS.
RIGHT. SO IF SOMEBODY COMES IN AND THE HOA DOCS CHANGE AND SOMEBODY ELSE COMES IN.
IT APPLIES TO THEM AND YOU'RE GRANDFATHERED.
YOU'RE GRANDFATHERED UNDER THE RULES THAT YOU PURCHASED IN.
[01:15:05]
I FEEL THAT YOU SHOULD BE GRANDFATHERED UNDER THE RULES IN WHICH YOU RECEIVE YOUR SHORT TERM RENTAL.I DISCUSSED WITH MOST OF YOU. I UNDERSTAND BOTH SIDES.
AND I STAND FIRM WITH PROPERTY RIGHTS.
BUT I'M WILLING TO YOU KNOW, DISCUSS POSSIBILITIES OF CHANGE POSITIVE FOR EVERYONE INVOLVED BUT I DON'T THINK THAT IT'S FAIR FOR MS. BAKER TO HAVE TO AGREE TO ANYTHING AT THIS JUNTURE.
>> NO, I'M JUST, IT'S REALLY IN GENERAL.
THERE'S A LOT TO THIS AND YOU MENTIONED TOURISM TAX.
THAT COULD CHANGE. >> I WISH IT WOULD.
>> WE HOPE IT CHANGES. >> THAT WOULD BE PART OF THAT DISCUSSION. YOU SEE WHAT I MEAN.
>> ABSOLUTELY. >> THE COMPLIANCE.
THE REGISTRATION. WE HEARD TESTIMONY LAST TIME ABOUT OR THROUGH ALL THESE APPLICATION OF HOW WILL IT BE REGISTERED OR WHAT THE RESIDENTS ARE FORT PIERCE ARE LOOKING FOR.
THEY WANT IT TO BE OPEN AND TRANSPARENT.
>> I'M PRETTY TRANSPARENT AS MOST OF YOU KNOW ON THIS COMMISSION. MADAM MAYOR.
I HAVE OFFERED MYSELF UP. I HAVE PASSED OUT MY CARDS.
I'M WILLING TO TALK TO ANYBODY. I THINK WITH ALL OF US BEING NEIGHBORLY, WE CAN ALL MAKE THIS HAPPEN AND BE POSITIVE.
BECAUSE BEHIND ALL OF THE ARGUING, WE HAVE AN OPPORTUNITY TO MAKE QUITE A BIT OF MONEY FOR OUR CITY.
THAT TO ME IS MORE IMPORTANT. I DON'T WANT A STATE TAX.
WE DON'T GET MONEY FROM THE 5%. I DON'T AGREE WITH THAT.
THAT'S A 25-YEAR CONTRACT. WE CAN'T DO ANYTHING ABOUT THEM.
WE HAVE AN EXCELLENT POLICE DEPARTMENT.
I MEAN FORTUNATELY, I HAVEN'T HAD TO CALL THEM ON SOMETHING LIKE THAT. HOWEVER I KNOW FOR A FACT THAT THE FT. PIERCE POLICE DEPARTMENT HAS DONE A FINE JOB IN MANY AREAS IN THE CITY. ON THE ISLAND AND OFF THE
ISLAND. >> SO MY FINAL QUESTION.
ARE THERE ANY FOR THE APPLICANTS THAT COME IN TO A SHORT TERM RENTAL, ARE THERE ANY AMENITIES THAT PROVIDE THEM SAFE ACCESS TO CONNECTIONS, SIDEWALKS OR ANYTHING YOU'RE WORRIED ABOUT FOR ANY FAMILY OR RENTER THAT IS COME HERE.
>> COULD YOU REPHRASE THAT. I WANT TO MAKE SURE I'M
ANSWERING PROPERLY. >> ARE THERE EXISTING CONDITIONS FOR THIS APPLICATION CONCERNS FOR YOU REGARDING YOUR RENTERS THAT COME INTO THIS COMMUNITY? ANYTHING LIKE STREET CONDITIONS, PEDESTRIAN CONNECTIONS, SIDEWALKS LACKING OR THERE'S AN ABUNDANCE OF GETTING TO AND FROM THE BEACH.
AND CONCERNS ON YOUR PART? >> I DON'T HAVE ANY CONCERNS.
NOT ON THIS PROPERTY. JO BEING THIS.
ANY OTHER QUESTIONS? >> THANK YOU VERY MUCH.
NOW WE ARE GOING TO OPEN IT UP MR. SWEENEY.
HAD WE GIVEN THOUGHT ON MS. LONGARZO'S REQUEST.
>> I'M SORRY. I WAS FOLLOWING ALONG.
WHICH PART. WHICH REQUEST? SHE SAID SHE WANTED TO CROSS-EXAMINATION.
>> NO. WE DO NOT ALLOW CROSS-EXAMINATION. WE HAVE NOT EVER.
IT'S NOT PART OF OUR PROCEDURE TO ALLOW CROSS-EXAMINATION OF PUBLIC COMMENT. SHE DOES ON BEHALF OF THE APPLICANT HAVE THE OPPORTUNITY TO COME BACK UP AT THE END AND MAKE A THREE MINUTE STATEMENT. AT WHICH TIME SHE CAN PUT ON
>> SO, WE'RE NOW GOING TO OPEN THIS UP FOR PUBLIC COMMENT AND YOU HAVE THREE MINUTES AND STATE YOUR NAME AND ADDRESS FOR THE RECORD. AND WE'RE GOING TO KEEP TO THE TIME LIMIT. I KNOW WE HAVE AMOUNT OF PEOPLE
THAT WANT TO SPEAK. >> CAN YOU WAIT ONE SECOND SIR.
WE'RE GOING TO HAVE THE PODIUM CLEANED BETWEEN EACH SPEAKER.
>> WE'RE NOT SIGNING IN. >> NO.
YOU CAN STATE YOUR NAME CLEARLY FOR THE RECORD AND WHETHER OR NOT YOU HAVE BEEN SWORN IN. IF THERE'S MULTIPLE PEOPLE,
QUEUE UP IN THE AISLE. >> RIGHT.
STATE YOUR NAME AND ADDRESS. YOU HAVE THREE MINUTES.
>> I'M JERRY WALTERS. I LIVE AT 1573 THUMB POINT DRIVE THE NEXT DOOR NEIGHBOR. I GET TO REPRESENT MYSELF AND THE WHOLE NEIGHBORHOOD AS THE FIRST PERSON UP.
THE POINT IS THAT WE REALLY APPRECIATE THE HARD WORK THAT YOU FOLKS DO TO MAKE FT. PIERCE BETTER AND I THANK YOU FOR YOUR
[01:20:04]
TIME HERE. IN THIS CASE WE MAY NOT HAVE A DOG IN THIS FIGHT ANYMORE BECAUSE IN THE PREVIOUS MEETINGS, DR. ESTIES PROMISED TO TAKE CARE OF ANY TRASH CANS LEFT BY THE ROAD. UNDERSWORN TESTIMONY AND SHE ALSO SWORE THAT OUR PROPERTY VALUE WILL GO UP.MS. LONGARZO HAS INDICATED THAT THERE ARE VERY FEW PROBLEMS WITH THESE AIR BNB SITUATIONS. I WOULD MENTION THOUGH WHEN SHE HAS THIS MAP SHOWING WHERE WE'RE SURROUNDED BY AIR BNB.
WE ARE ALSO SURROUNDED BY RESTAURANTS AND I DON'T THINK YOU'RE GOING TO ALLOW RESTAURANT TO MOVE INTO THUMB POINT.
WE HAVE A SMALL, MY WIFE AND I HAVE A SMALL READY TO MOVE HOME IN STEWART IF IT GETS TOO BAD. WE REALLY HOPE TO STAY ON THUMB POINT FOR FOUR OR FIVE MORE YEARS.
AND WE WOULD WELCOME MS. BAKER'S FAMILY BUT THEY HAVE ONLY VISITED ON WEEKENDS. NO ONE HAS LIVED THERE FOR ANY EXTENDED PERIOD OF TIME SINCE THE PROPERTY WAS SOLD.
AND THAT LEAVES ME TO BELIEVE THAT IT WAS ONLY PURCHASED TO BE AN AIR BNB NOT A HOME. IT SEEMS TO ME THAT A PRUDENT MOVE WOULD BE TO WAIT FOR A COMPREHENSIVE RECOMMENDATION MR. JOHNSON MORE OR LESS MENTIONED THAT FROM THE AIR BNB TASK FORCE. ONE THING I WOULD MENTION IS THAT THE SIGN THAT SUPPOSEDLY ANNOUNCED THIS INFORMATION ABOUT THE MEETING HAS NOT BEEN POSTED IN THE YARD FOR AT LEAST A WEEK NOW. WHEN I DROVE OFF FROM HOME TODAY, IT WAS LEANED UP AGAINST SHRUBBERY.
AND THE PROBLEM IS, THERE'S NOBODY THERE TAKING CARE OF IT.
THEY COME IN ON THE WEEKEND. THEY SEEM TO BE GREAT FOLKS.
BUT I WOULD LIKE TO HAVE THEM AS MY NEXT DOOR NEIGHBOR NOT AS A BUSINESS PERSON WHO LIVES ABOUT 70 MILES AWAY I GUESS.
SO FAR WE HAVE A LOCAL MANAGER, TWO CARS ALLOWED AT THE SITE AND NO NEW CONSTRUCTION AND THOSE SEEM TO BE OUR ONLY PROTECTION.
WHAT DOES THE TASK FORCE RECOMMEND? SO FAR IT'S JUST A NEIGHBORHOOD AGAINST A NEIGHBOR.
WHEN WILL THIS ALL END? THANK YOU VERY MUCH.
>> MY NAME IS IRVING SCHAEFER. WE HAVE JUST HEARD MR. WATERS MAKE A STATEMENT HIS NEIGHBOR DID NOT RESIDE AT HOME ANY TIME SINCE SEPTEMBER. I WALK BY THIS HOUSE EVERY DAY AND THERE'S NO EVIDENCE FOR ANYBODY LIVING IN THIS HOUSE FOR ANY EXTENDED PERIOD OF TIME. GLENDA PRESENTED THIS HOME IS BORROWER SHALL OCCUPY, ESTABLISH AND USE THE HOME AS PRINCIPAL RESIDENCE 60 DAYS AND SHE WILL CONTINUE TO OCCUPY THE PROPERTY.
THIS HAS A VA RYDER. WE HAVE MAILED TO OUR CLERK THAT THE LAW ON OCCUPANCY, THE LAW REQUIRES A VETERAN TO CERTIFY THAT HE OR SHE INTENDS TO PERSONALLY OCCUPY THE PROPERTY AS HIS OR HER HOME. THE VETERAN MUST PERSONALLY LIVE IN THE PROPERTY AS HIS OR HER HOME OR INTEND UPON COMPLETION OF THE LOAN TO USE IT AS HIS OR HER HOME WITHIN A REASONABLE TIME THAT MEANS WITHIN 60 DAYS AFTER THE LOAN CLOSING.
MISS BAKER HAS STATED AT THE PLANNING BOARD, THIS IS HER SECOND PRIMARY HOME. L L LONGORZA SAYS SHE LIVED THERE FOR 60 DAYS. HER REBUTTAL WAS TAKEN VERBATIM FROM THE VIDEO OF IT TRIAL. NO ONE HAS LIVED IN THIS HOME FOR ANY EXTENDED AMOUNT OF TIME. SOMEONE IS NOT TELLING THE TRUTH AND WE ARE ALL SPEAKING UNDER OATH.
[01:25:02]
MS. BAKER HAS AGREED TO FOLLOW THE RULES OF THIS CONDITION.WHERE IS THE TRUTH? IT APPEARS POSSIBLE MS. BAKER HAS NOT FOLLOWED THE RULES OF HER MORNING.
BETWEEN HER, THE BANKER AND THE UNITED STATES ADMINISTRATION OF VETERANS. WE MUST POSE A QUESTION OF TRUST BECAUSE IF SHE HAS MANIPULATED THE VA LOAN SYSTEM THERE'S A QUESTION AS TO HER VORACITY. DOES IT RAISE A QUESTION WHETHER SHE WILL BE MOTIVATED TO THOROUGHLY VET THE RENTERS? DOES THE RECORD BEFORE YOU SUGGEST THAT AS TO 1577 THUMB POINT DRIVE SUGGESTS THAT THERE ARE SERIOUS QUESTIONS TO THE
BONIFIED OF THE ENTIRE >> THANK YOU.
>> THANK YOU ALL FOR LISTENING TO ME.
I AM ROSS CRITTENTON AND LIVE AT 610 FABER.
>> AND YOU WERE SWORN IN? >> I WAS LINDA.
LINDA WAS MY CLASS MATE. OKAY.
FOR GET IT. >> I AM OPPOSED TO SHORT TERM RENTAL IN OUR NEIGHBORHOOD ON THE BASIS OF SAFETY AND QUALITY OF LIFE FOR ME AND MY NEIGHBORS. BUT THAT'S NOT WHAT I'M HERE TO TALK ABOUT RIGHT NOW. EACH DAY I DO MY OLD MAN JOG ON SOUTH BEACH. I GO THROUGH MILES EVERY DAY TO KEEP MY BODY TRIM AND LOOKING GOOD.
I GO PAST 1577 THUMB POINT DRIVE NEARLY EVERY DAY.
SINCE OUR LAST MEETING, ON MARCH 15TH, WHICH I ATTENDED, THE CONTINUAL USE SIGN REQUIRED TO BE POSTED HAS BEEN LYING FACE DOWN OR COMPLETELY MISSING. OFTEN A C.
THE BAKER FAMILY WAS HERE OVER THE WEEKEND OF EASTER AND THE SIGN WAS FACE DOWN AND THERE WAS NO ATTEMPT TO RE-ERECT THAT SIGN. OFTENTIMES THE SIGN IS JUST NOT THERE. I ATTENDED THE CONTINUAL USE, I ATTENDED THE CONTINUAL USE SIGN REQUIRED TO BE POSTED HAS BEEN, I SAID THAT ALREADY. OKAY.
AFTER DISCUSSING WITH MY NEIGHBORS GLENDA KAFAL CONTY, AND CHIP AND SHERRY, A PHOTO WAS TAKEN TO SENT TO THE PLANNING DEPARTMENT. SINCE THE CONDITIONAL SIGN WAS NOT USED, MANY PEOPLE WOULD NOT KNOW ABOUT THE ATTEMPT TO CHANGE RESIDENTS OWNING TO BE SHORT TERM RENTAL.
MANY PEOPLE WERE UNAWARE OF THAT BECAUSE THE SIGN WAS NOT THERE.
THIS IS A NONCOMPLIANCE OF A CITY ORDINANCE.
THEY WERE DENIED THEIR CHANCE TO ADDRESS THIS BODY.
LIKE I AM DOING TODAY BECAUSE I KNEW ABOUT IT.
BUT MANY PEOPLE DROVE BY THAT HOUSE AND DID NOT SEE THAT SIGN.
THIS IS NOT FAIR. FOR THIS REASON, AND IN ALL FAIRNESS, THE COMMISSION SHOULD DENY OR TABLE DISCUSSION UNTIL SUFFICIENT NOTIFICATION IS GIVEN TO ALL THE RESIDENTS OF MY WONDERFUL NEIGHBORHOOD. IF THIS ISSUE WAS NOT COMPLIED WITH, HOW CAN WE BE SURE CONDITIONAL USE REQUIREMENTS WILL BE COMPLIED WITH THIS? I'M JUST SAYING, AND I THANK YOU
SO MUCH FOR LISTENING >> THANK YOU.
>> I WOULD LIKE TO OBJECT ON THE FACT THESE PEOPLE --
>> MR. SWEENEY. >> IS SHE IN ORDER TO DO THIS RIGHT NOW? NO, SHE IS NOT.
>> YOU CAN DO THAT AT THE CLOSE. WHEN YOU CLOSE AT.
>> YOU MADE ME STAY ON TASK. >> MADAM
>> YOU ARE IN CONTROL OF MEETING.
SHOULD ANYONE ASK OUT, ASK THE SERGEANT OF ARMS ASK THEM TO BE ESCORTED FROM THE CHAMBERS. WE HAVE A SET OF RULES THAT WILL
BE APPLIED TO EVERYONE EQUALLY. >> I AM LINDA.
I WAS SWORN IN. IN THE CITY COMMISSION MEETING ON MARCH 18, 2019. THE COMMISSION VOTED ON THE APPROVAL OR DENIAL OF SHORT TERM VACATION RENTAL FOR HOUSES
[01:30:03]
LOCATED AT 1916 RIO VISTA DRIVE IN THE SURF SIDE NEIGHBORHOODS.THE CURRENT ZONING OF THE HOUSES OF R-2 SINGLE FAMILY INTERMEDIATE DENSITY. PER THE CITY OF FT. PIERCE UNDER THE ZONING AND LAND USE HEADING. THE PRESENTED USE OF THE PROPERTY REPRESENTS A LIMITED COMMERCIAL USE WITH MANY UNDEFINED PARAMETER. THE ALLOWANCE OF EIGHT GUESTS CAN GENERATE ADDITIONAL TRAFFIC AND NOISE.
THE USE ALTHOUGH LIMITED IN COMPARISON IS NOT MEANT TO SERVE THE NEIGHBORHOOD BUT PURPOSES OF PUBLIC LODGING.
THE PROLIFERATION OF VACATION RENTALS WITHIN THE DISTRICTS OF FORT PIERCE MAY CAUSE EXTERNALITIES.
UNDER STAFF RECOMMENDATIONS. THE PROPOSED USE PRESENTS THE PROVISION OF TRANSIENT LODGING ACCOMMODATIONS TO THE GENERAL PUBLIC REPRESENTING A COMMERCIAL USE OF THE PROPERTY NOT INTENDED TO SERVE THE NEIGHBORHOOD INCONSISTENT WITH THE CITY'S LAND DEVELOPMENT CODE AND COMPREHENSIVE PLAN.
BASED UPON THE CODE AND COMPREHENSIVE PLAN RESTRICTION, STAFF RECOMMENDS THE CITY COMMISSION FORWARD A RECOMMENDATION TO DENY THE REQUEST.
FROM THE MINUTES OF THE CITY COMMISSION MEETINGS, 0-19-2016 AND 3-18-2019 RESPECTIVELY. AS TO RIO VISTA.
MAYOR HUDSON CLOSED THE PUBLIC HEARING.
MOTION WAS MADE BY COMMISSIONER REGINALD SESSIONS.
SECONDED BY THOMAS PERONA TO DENY THE USE.
THOMAS PERONA, COMMISSIONER REGINALD SESSIONS, PASSED.
AS TO 2005 MIMOSA. COMMOTION WAS BY A THOMAS PERONA. SECONDED BY JEREMIAH JOHNSON TO DENY ITEM 12 A ON THE AJEPDA BASED ON ESSENTIAL EVIDENCE AS FOLLOWS. ONE, OVER CAPACITY OF TRASH.
TWO, OVER CAPACITY PARKING FOR VEHICLES FOR SINGLE FAMILY USED
AS DWELLING RENTAL. >> 3, INADEQUATE --
>> I'M SORRY. >> WIND UP QUICKLY.
>> YOU GET THE PICTURE. I'M WONDERING THE DIFFERENCE.
>> THANK YOU VERY MUCH. WHO IS NEXT?
IF THERE'S NO SIGN IN SHEET TODAY.
>> DURING THE PANDEMIC. TERRY SCHAEFER, 215 FABER COURT.
YOU WERE SWORN IN? >> YES, I AM.
EVERY DAY IN THUMB POINT YOU SEE JOGGERS IN THE EARLY MORNING, SCHOOLCHILDREN WALK TO GO CATCH THEIR BUSES AND THEN COMES THE SENIORS. THE MOMMIES PUSHING BABIES IN STROLLERS AND DRAGGING YOUNGER CHILDREN BEHIND.
AS THE DAY CONTINUES. CHILDREN WALK HOME FROM THEIR BUS STOPS AND BEGIN TO RIDE THEIR BIKES, SKATE BOARDS AND THE ADULTS GET OFF WORK. SOME WALKING THE DOG AND SOME WALKING WITH CANES AND WALKERS. AS NIGHTFALLS.
MORE JOGGERS APPEAR AND MORE ADULTS WALK THEIR DOGS AND ALL OF THIS IS GREAT. BUT, THERE ARE NO STREETS IN THUMB POINT NEIGHBORHOODS THAT ARE MORE THAN 20 FEET.
AND MOST OF THEM ARE JUST SHY OF IT.
NONE OF THESE STREETS HAVE SIDEWALKS.
WE HAVE VERY FEW STREET LIGHTS. MAKING MOST AREAS OF THUMB POINT VERY DARK. SO NIGHT TIME IS EVEN WORSE.
DURING THE DAY WE HAVE CONSTRUCTION WORKERS ON THE ROAD. LAWN SERVICE VEHICLES.
GARBAGE TRACKS. THE RECYCLE TRUCK AND THE BIG HOUSEHOLD WASTE. WHEN LEAVING OUR HOUSE, WE CAN BARELY GET BY BECAUSE OF AFOREMENTIONED.
ALL OF THIS ACTIVITY MAKES MANEUVERING VERY DIFFICULT AND IN FACT QUITE HARROWING SOMETIMES.
THE OPPOSITION HERE TODAY TELLS US HAVING VACATIONERS WHETHER
[01:35:01]
ONE NIGHT OF THE WEEK WILL MAKE NO DIFFERENCE.I AS A SENTENCE OF THUMB POINT BEG TO DIFFER.
WE ARE RESPECTFUL OF THE NEIGHBORHOOD.
WE KNOW WHERE THE CHILDREN IS. WE KNOW SO AND SO'S DOG LIKES TO JUMP ON THE CAR AND WE TRY TO GIVE THEM FREE REIGN.
>> COMMON SENSE REFERS TO COMMON SENSE.
COMMON SENSE WOULD TELL YOU THAT NEIGHBORS KNOW THEIR NEIGHBORHOOD AND CAN ADVOCATE IT BETTER THAN A VISITOR.
THE PETITIONER STATES THE UNLAWFUL TO PLAY IN THE STREET.
IT PROBABLY IS. BUT WITH 20 FOOT STREETS.
NO SIDEWALKS, WHERE YOU SUGGEST THEY RIDE THEIR BIKES, TRIKES AND SKATE BOARDS AND THE MOMMIES AND DADDIES WORK.
THEY WILL NOT BE HERE LONG ENOUGH.
OTHER CONDITIONAL USE HAVE BEEN TURNED DOWN DUE TO STREET WIDTHS AND NO SIDEWALKS. HAVING A COMMERCIAL PROPERTY.
I KNOW I'M NOT SUPPOSED TO SAY THIS.
THE STATE COLLECTS AS TAXES ON THESE PROPERTIES.
SO I PERSONALLY, I'M GOING TO CALL IT A COMMERCIAL PROPERTY.
AND HAVING A COMMERCIAL PROPERTY NEXT DOOR TO OUR HOME IN OUR NEIGHBORHOOD WILL COMPROMISE THE SAFETY OF OUR NEIGHBORHOOD.
>> WHO IS NEXT? TIMOTHY BANK STON, 202
FERNANDINA STREET. >> IT'S VALID.
I'M NOT ALLEGING ANYBODY ELSE'S IS.
I WOULD BE WILLING TO HAND IT TO THE OFFICER AND HAVE HIM RUN IT.
>> YOU WERE SWORN IN? >> I WAS SWORN IN.
AFTER THE LAST MEETING. MRS. BAKER MADE ALLEGATIONS OF UNFAIRNESS AND SHE STATED SHE WAS SCARED TO COME UP AND SPEAK.
THERE'S THREE POLICE OFFICERS TO SPEAK.
WHY WOULD YOU BE SCARED TO COME UP HERE.
WE'RE NOT CONCERNED ABOUT RACE, COLOR OR RELIGION, WE'RE CONCERNED ABOUT CHARACTER. AND WE SEEN SOME CHARACTER THAT WAS NOT GOOD WITH TAKING THE SIGN DOWN.
SHE RENTED THE HOUSE. IT'S BEEN PROVEN WITHOUT A PERMIT AND SHE WAS SHUT DOWN. AND IT'S OUT OF CHARACTER AS MR. PERONA STATED AT THE LAST MEETING TO HAVE A MOTEL NESTLED IN BETWEEN A SINGLE FAMILY RESIDENCE.
THE MANAGER SAID A MINUTE AGO, YOU CHECK OUT AT 11.
YOU CHECK OUT OF A MOTEL. WHAT IS THE DIFFERENCE.
I WANT TO KNOW IS A BOAT TRAILER CONSTITUTE A VEHICLE? THINK ABOUT THAT ONE. ALSO HOW IS THIS GOING TO AFFECT THE CITY'S FEMA INSURANCE? WE'RE PUTTING BUSINESSES AND RESIDENCES AREAS AND THEY'RE IN A FLOOD ZONE.
IF THEY REQUIRE MANDATORY EVACUATION, ARE THE PEOPLE GOING TO LISTEN OR STAY THERE AND GET FLOODED OUT AND THE CITY BE RESPONSIBLE? HOW DOES IT APPLY TO THE FEMA INSURANCE? CAN I SUBMIT PHOTOGRAPHS OR JUST
HOLD THEM UP. >> IF YOU WOULD GIVE THEM TO THE POLICE OFFICER IF YOU WANT US TO SEE THEM.
>> THESE ARE PHOTOGRAPHS -- >> HE'S COMING.
>> I DIDN'T INTERRUPT HER. >> YOU'RE OUT OF ORDER MS.
LONGARZO. >> YOU CAN OBJECT WHEN YOU COME UP AT THE END. THOSE ARE PHOTOGRAPHS OF THE AIR BNB THAT OPERATED ACROSS THE STREET FROM MY HOUSE WITHOUT A LICENSE OR PERMIT. IT'S A CIVIL CASE INVOLVING THE CITY NOW. THE MAN FILED A LAWSUIT AFTER THE CITY SHUT HIM DOWN AND THERE'S ALSO ANOTHER LAWSUIT THAT'S BEEN GOING ON FOR A COUPLE YEARS AND APPARENTLY, NOBODY WANTS TO TALK ABOUT IT. SO, IF THESE CARES WERE SO EASILY WON BY THESE PEOPLE WHEN THEY THREATENED TO SUE THE CITY FOR NOT RECEIVING A PERMIT, WHY WAS IT NOT RESOLVED IN A TIMELY MANNER. HAVE YOU SEEN PEOPLE SIT OUTSIDE WHEN IT'S REALLY HOT. YOU GO WALK AROUND DRIVE AROUND AND THEY'RE SITTING OUTSIDE. BECAUSE IT'S SO HOT IN THEIR HOUSE THEY CANNOT AFFORD TO RUN THEIR AIR CONDITIONER.
NOW ARE YOU GOING TO VOTE TO HAVE A $300 A NIGHT BUSINESS AND THEN GO EXPLAIN TO YOUR CONSTITUENTS WHY THEY CANNOT
[01:40:03]
AFFORD TO PAY THEIR ELECTRIC BILL? AND WITH NINE SECONDS LEFT. I HAVE ANOTHER ARTICLE SAYING THEY'RE GOING TO CUT AFFORDABLE HOUSING IN TALLAHASSEE IN HALF.EVERY TIME THEY GO TO AIR BNB -- >> THANK YOU.
>> MADAM MAYOR. MY NAME IS TODD STEFFIS.
I LIVE AT 608 [INAUDIBLE] I WAS SWORN IN.
I WANTED TO TAKE A BRIEF NOTE. I KNOW TERRY SCHAEFER SPOKE ABOUT SAFETY AND THAT'S MY PRIMARY CONCERN.
IN THE PICTURE UP HERE AND ALL THE POTENTIAL OR PREVIOUS CONDITIONAL USE GRANTS THAT WERE MADE.
NEARLY ALL OF THOSE IF NOT ALL OF THOSE ARE DIFFERENT THAN THE STREETS IN THUMB POINT. THEY HAVE SIDEWALKS, MANY OF THEM HAVE ON STREET PARKING AT LEAST IN DIFFERENT SECTIONS AVAILABLE. AND THAT IS WE HAVE ALL TALKED ABOUT IS NOT AT ALL THE CASE IN THUMB POINT.
WITH THE NUMBER OF SENIORS, MYSELF INCLUDED AND CHILDREN WALKING THROUGHOUT THE NEIGHBORHOOD.
I'M FEARFUL OF NOT ONLY MY OWN SAFETY BUT SHORT TERM RENTERS NOT PAYING ATTENTION OR REALIZING THE NATURE OF THE AREA. THE OTHER THING JUST VERY QUICKLY THAT OCCURS TO ME. I KNOW THIS HAS BEEN HEATED WITH SOME FOLKS IN THE WHOLE SITUATION BUT I WILL REALLY WELCOME AND ENCOURAGE MS. BAKER AND HER FAMILY TO LIVE IN THUMB POINT WITH US AS A NEIGHBOR FOR A WHILE.
I THINK SHE WOULD TRULY UNDERSTAND THE DIFFERENCE THERE IS IN THAT NEIGHBORHOOD VERSUS SOME OF THESE OTHER AREAS WHICH ARE MUCH MORE INCLINED TO BE MORE VACATION SHORT TERM ORIENTED. THANK YOU VERY MUCH FOR YOUR TIME. WHO WANTS TO BE NEXT?
>> MADAM MAYOR. WANT TO MAKE CLEAR FOR THE PUBLIC THAT ANY TYPE OF APPLAUSE OR ANY SIDE IS NOT TO BE TOLERATED. HOLD YOUR APPLAUSE.
>> MY NAME IS JOE BIATE. I LIVE AT 1542 THUMB POINT DRIVE. ALONG WITH MY WIFE TERRY LEONI.
WE WERE SWORN. WE ARRIVED IN FT. PIERCE JANUARY 2001 AND STARTED TO LOOK FOR A HOUSE.
WE RAN BETWEEN STEWART AND VERO BACK AND FORTH LOOKING FOR A HOUSE AND STUMBLED UPON THIS HOUSE IN THUMB POINT ON THE WATER. AND THAT JUST BLEW OUR MINDS.
WE DID A LOT OF RESEARCH AND TALKED WITH THE PEOPLE HERE.
WENT TO THE COUNTY AND TALKED TO THE PEOPLE WITH TAXATION AND ALL THE OTHER STUFF. AND WE WERE SOLD.
SO WE BOUGHT. AN OLD HOUSE TO BE REDONE.
IT WAS R 1, ZONED RESIDENTIAL. I UNDERSTAND NOW IT'S BEEN CHANGED. I DIDN'T EVEN KNOW THAT.
NOW IT'S R-2. ANYWAY, THERE ARE SEVERAL LONG-TERM RENTAL RESIDENTS IN THIS PLACE NOW.
SO THUMB POINT IS NOT RENTAL FREE.
THERE ARE PEOPLE THERE THAT RENT BUT THEY LIVE THERE PERMANENTLY SAMES I DO. AFTER 20 YEARS, THAT HAS BECOME OR HOME AND WE LOVE IT THERE. THE SURPRISE CAME TO US IN MAY OF 2001 RIGHT AFTER WE MOVED IN WHEN MY WIFE WAS GOING TO BE A GOOD NEIGHBOR AND WENT ACROSS THE STREET TO INTRODUCE US TO AND APPARENTLY NEW NEIGHBORS AND THEY WERE NOT NEIGHBORS, THEY WERE RENTERS. THIS WAS IN 2001.
AND THEY CAME FROM BRAZIL. SPENT TWO WEEKS THERE AND THEY WERE GOING BACK TO BRAZIL. I HAD NO PROBLEM WITH THE BRAZILIANS EXCEPT IF THEY CAME TODAY, WE WOULD HAVE BIG PROBLEMS WITH THE PROBLEM THEY'RE HAVING WITH COVID.
AND THE SECOND THING THAT HAPPENED AFTER THAT IS CORRECT AFTER THE BRAZILIANS LEFT, SIX FARES FULL OF KENTUCKIANS CAME AND SPENT THE WEEKEND HAVING A GOOD TIME FAMILY REUNION.
THAT IS THE LAST WE HAD OF ANY PROBLEMS THERE.
THEY WERE NOT SERIOUS BUT THEY WERE JUST AN INDICATION OF WHAT RENTAL PEOPLE TEND TO DO SOMETIMES.
NOW THERE ARE TWO SHORT TERM RENTAL REQUESTS AND MORE COMING.
I KNOW THERE'S A COUPLE. YOU PROBABLY DO TOO.
THE RENTAL PLATFORM TO AIR BNB ARE TRYING TO CHANGE THE WAY WE GREW UP. I EXPECTED TO LIVE BY RULES I SIGNED BY CONTRACT BACK IN 2001 BUT APPARENTLY THAT'S NOT GOING
[01:45:05]
TO HAPPEN BECAUSE I MIGHT BE FORCED TO LIVE TO A HOTEL OR HOME QUOTE UNQUOTE THAT'S REALLY A HOTEL.AND I THINK I FEAR AND SHE'S RIGHT, I DO FEAR THAT MY PLAN OF DYING IN THIS HOUSE IS PROBABLY GOING TO GO AWAY IF THIS HAPPENS. AS SOON AS YOU OPEN THE DOOR TO SHORT TERM RENTALS IN THUMB POINT, ALL THE RENTAL CONTRACTS IN EXISTENCE ON THE ISLAND FOR PEOPLE WHO WORK THERE AND SENT THE ISLAND ARE GOING TO GO IN THE BUCKET.
WHAT OWNER WOULDN'T WANT TO GO WITH AN AIR BNB CONTRACT? AS OPPOSED TO WHATEVER HE HAS TODAY WITH THE PEOPLE THAT LIVE THIS. FIVE OR SIX --
>> THANK YOU VERY MUCH. >> ANYONE ELSE?
ANYONE ELSE? >> I HAVE BEEN SWORN IN.
VERNE MEYER. 1703 SUNSET ISLE ROAD.
THANK YOU FOR YOUR TIME. I THINK IT'S GOING TO BE A LONGER NIGHT. I WAS JUST PART OF WHAT I'M THINKING AND YOUR GUYS REALLY TOUGH JOB IS TO DISCERN THROUGH WHAT IS RIGHT AND WHAT IS NOT IS THE CREDIBILITY WITH WHAT PEOPLE TELL YOU. YOU KNOW HOPE AGAINST HOPE THAT PEOPLE'S WORDS HAVE MEANING. FOR ME JUST AS I WAS LISTENING, I COUPLE THINGS, ONE OF MY FRIENDS SAID IS THEY'RE USING TERMINOLOGY HOTEL AND MOTEL TERMINOLOGY.
I WENT ON TO THE SITE, CHECK IN, CHECK OUT.
CLEANING, ACTIVITIES IN THE AREA.
TO ME, IT DOESN'T BNB. IT TRULY IS IN MY MIND A HOTEL.
A MOTEL BUSINESS. NUMBER TWO, I HAVE BEEN A SHORT TIMER IN FT. PIERCE. MAYBE 14 YEARS HERE.
I ABSOLUTELY LOVE IT. I TRY TO DO MY BUSINESS LOCALLY.
BILL KNIGHT AT STATE FARM OR MR. LOT AT LOT INSURANCE.
WHEN PEOPLE DON'T KNOW THE INSURANCE LAWS OF B& B.
I WON'T COME UP HERE FOR THE NEXT TWO OR THREE.
IF WE WERE TO CALL THEM UP IN A LITTLE BREAK AND SAY HEY, WE HAVE PEOPLE RUNNING B& BS IN THE RESIDENTIAL HOMES.
THEY WOULD SAY, OF COURSE THAT'S NOT ACCEPTABLE AND OF COURSE THERE'S PROBABLY NOT THE PROPER COVERAGES FOR US, IF A DOG BITES US OR SOMETHING HAPPENS. I CAN'T TELL YOU FOR SURE, BUT I WOULD PRETTY MUCH LIKE I SAID, I WON'T COME UP HERE AGAIN IF WE TAKE A SHORT BREAK AND CHECK THAT.
JUST THE 7 TO ONE MONEY SPENT. IF SOMEONE SPENDS $200 A NOW.
SHE'S SAYING THEY WILL SPEND $1,400 A DAY.
I LOVE FT. PIERCE AND I KNOW EVERY RESTAURANT AND THE GREAT THINGS TO DO, I ABSOLUTELY LOVE THIS NEIGHBORHOOD.
THAT'S JUST CRAZY. TAKE IT ALL IN WHAT EVERY IS SAYING. I THINK IT GOES TOWARDS INTEGRITY. IF SHE'S A PROPERTY OWNER AND DOESN'T KNOW THE THINGS, I DON'T FEEL THAT IT'S, I JUST DON'T FEEL IT'S RIGHT AND I DON'T THINK SHE'S BEING
>> MY NAME IS LARRY WINTER. 1933 CREST VIEW.
>> YOU WERE SWORN? >> I WAS SWORN IN.
THE ULTIMATE MEASURE OF A CITY COMMISSION IS NOT WHERE YOU STAND WHEN IT'S A COMFORT AND CONVENIENCE BUT WHERE YOU STAND IN TIMES OF CONTROVERSY. THAT'S WHAT WE'RE DEALING WITH HERE TONIGHT. SEVERAL OF YOUR NEIGHBORS ASKING YOU TO IGNORE YOUR SWORN OATH AS A COMMISSIONER TO SUPPORT THE CONSTITUTION OF THE UNITED STATES AND THE STATE OF FLORIDA.
A LOCAL LAW ORDINANCE OR REGULATION MAY NOT PROHIBIT VACATION RENTALS OR REGULATE THE FREQUENCY OF VACATION RENTALS.
SUDDENLY YOU'RE NEIGHBORS ASK YOU TO KEEP THE SHORT TERM RENTALS OUT BECAUSE THEY'RE SCARED.
THEY'RE GIVING THEIR OPINION AND EMOTION.
THIS IS AGAINST THE QUASI JUDICIAL PROCEEDING.
SEVERAL NEIGHBORS ARE ASKING YOU TO IGNORE THE ZONING TABLE ISSUES. THE TABLE HAVE CHANGED.
[01:50:04]
THE CITY OF FORT PIERCE SAYS DWELLING RENTALS ARE ALLOWED IN ALL RESIDENTIAL AREAS. THIS IS A RESIDENTIAL AREA.THIS IS A DWELLING RENTAL AND A RESIDENTIAL AREA.
THEY ALSO ARE TRYING TO GET YOU TO REDEFINE THE DEFINITION OF HOTEL. THE COURTS HAVE RULED IT'S THE USE OF THE PROPERTY NOT THE FREQUENCY.
AGAIN IT'S THE USE OF THE PROPERTY NOT THE FREQUENCY.
AGAIN YOU'RE CITY ZONING TABLES SAY HOTELS CAN ONLY BE IN C 3 AND C 4 ZONINGS. THIS IS NOT THAT.
THIS IS A DWELLING RENTAL. THEY'RE TRYING TO GET YOU TO SAY WHO CAN COME INTO THEIR NEIGHBORHOOD, HOW OFTEN THEY CAN COME AND HOW LONG THEY CAN STAY. THAT IS NOT DUE PROCESS.
I'M ASKING YOU TO STICK TO YOUR OATH OF OFFICE.
YOU MIGHT NOT GET THE RESULTS THAT YOU WANT BECAUSE YOU'RE GOING TO HAVE A LOT OF PEOPLE EMOTIONALLY UPSET WITH YOU TONIGHT. BUT LONG-TERM YOU GET THE RESPECT AND CONFIDENCE OF THE CITY.
SHOW EVERYONE YOU STAND FIRM IN TIMES OF CONTROVERSY.
ALL FOLLOW THE OATH YOU HAVE TAKEN AND THE LAWS.
>> THANK YOU. ANYONE ELSE WISH TO? ANYONE ELSE? ANYONE ELSE?
>> I DIDN'T GET SWORN YET. >> WE NEED YOU TO GET SWORN IN.
>> DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH AND NOTHING
>> STATE YOUR NAME AND ADDRESS. >> FRANK SO LINO.
2010 RIO VISTA. THANK FOR ALLOWING ME TO SPEAK HERE TODAY. I'M A RELATIVELY NEW TO FORT PIERCE HAVING LANDED HERE IN 2017 FROM DELRAY BEACH WHERE I LIVED FOR 20 YEARS PREVIOUSLY. I ACTUALLY LIVED THERE WHEN NO ONE WANTED TO BE THERE. GANGS WERE RUNNING THE TOWN UNTIL THE CITY SAID THEY WERE GOING TO TAKE IT BACK.
THEY DID AND DID A GOOD JOB. I KNOW THAT'S GOT NOTHING TO DO WITH THIS STREET AND APOLOGIZE FOR THAT.
I DO HEAR PEOPLE TALKING ABOUT DELRAY AS A BENCH MARK WHETHER THEY WANT FT. PIERCE TO BE BETTER OR MORE LIKE HERE OR LESS LIKE IT. REGARDLESS OF WHAT FT. PIERCE WANTS, IT WON'T BE DELRAY BEACH. THERE ARE MANY REASONS.
THE PEOPLE HERE WILL DICTATE WHAT THE TOWN BECOMES AS IT SHOULD BE. THIS IS A FISHING DOWN.
DELRAY IS YACHTS. DELRAY HAS TWO MAJOR AIRPORTS WITHIN 30 MINUTES. FORT PIERCE HAS ONE AN HOUR AWAY. DELRAY HAD BOCA RATON TO HELP WITH THE MONEY. I DON'T THINK WE HAVE TO WORRY ABOUT THIS AREA BECOMING THAT. I WOULDN'T WANT IT TO BE.
THIS IS A NICE LITTLE TOWN. BUT I THINK SHORT TERM RENTALS WILL HELP IN KEEPING IN A SMALLER TOWN.
PERSONALLY, I DO HAVE AN AIR BNB.
JUST ONE UNIT IN DELRAY AND IT'S RUNNING GREAT.
I USE A SUPER HOST AND THEY SCREEN THE PEOPLE.
THEY ARE THE PROPERTY MANAGER. THEY DO BACKGROUND CHECKS.
QUESTIONS THE POTENTIAL GUEST. WHY THEY ARE COMING DOWN.
HOW LONG ARE THEY GOING TO STAY. WHAT DO THEY LOOK TO DO? MOST OF THEM TO THIS POINT HAVE BEEN RELAXING.
I HAD ONE BAD GUEST. IN THAT TIME ABOUT A YEAR.
I HAVE NO BAD GUESTS ON VRBO. BUT ONE BAD GUEST I HAD.
AIR BNB KICKED THEM OUT. THEY CALLED THE POLICE AND GOT THEM OUT THAT DAY. IT'S NOT LIKE A LONG-TERM RENTAL, IT TAKES MONTHS TO GET SOMEONE OUT.
THAT COULD BE A BLIGHT ON A NEIGHBORHOOD MORE SO THAN A BAD TENANT ONE OUT OF 99. MOST OF TENANTS I GET ARE GREAT PEOPLE. THEY ARE OUR AGE OR SENIORS COMING DOWN FOR A MONTH OR TWO IN THE WINTER.
I DON'T KNOW WHERE ELSE, AN ELDERLY COUPLE WANT TO GO TO A HOTEL. THEY DON'T WANT TO HAVE EVERY MEAL OUT. THEY COME DOWN AND RENT A HOUSE.
THEY MIGHT HAVE THEIR SON COME DOWN FOR A WEEK OR FAMILY COME DOWN FOR A WEEK. AND IT SEEMS LIKE IT'S WORKING OUT GREAT FOR EVERYONE THAT COMES DOWN.
I'M GOING OFF THE CUFF HERE. I THINK THE SHORT TERM RENTALS WILL ASSIST AND I DON'T KNOW IF THIS IS GOOD OR BAD FOR FT.
PIERCE. PREVENTING THE BIG HOTELS TO
>> I HAD SO MUCH MORE. OH, MAN.
IF YOU WANT TO TALK ABOUT AIR BNB.
[01:55:03]
>> THANK YOU SIR. >> OUT A ALL RIGHT.
ANYONE ELSE PLEASE COME FORWARD. >> STATE IT DO THE MICROPHONE.
JONATHAN JOSEPH. 1801 PULEVR AVENUE.
I WANT TO SAY SOMETHING TO ADVOCATE SUSAN BAKER'S APPLICATION. I PERSONALLY HAVE BEEN RUNNING AIR BNBS FOR THE LAST FOUR YEARS.
I AM A SUPER HOST ON THE AIR BNB PLATFORM.
I AM A PREMIERE HOST ON THE VRBO PLATFORM.
I HAVE HAD PROBABLY 1500 GUESTS IN MY VARIOUS HOMES ALL OF WHICH ARE LOCATED IN THIS COUNTY. I HAVE NEARLY 200 REVIEWS ON THE AIR BNB PLATFORM. SO, I CONSIDER MYSELF TO BE A BIT OF AN EXPERT ON IN THIS WHOLE TOPIC.
WHAT I HEAR COMING FROM SOME OF THE PEOPLE WHO ARE SPEAKING TODAY IS LARGELY FEAR BASED. AND IT'S CLEAR THAT THEY HAVE EITHER READ STORIES, BUT DOWN ON MIAMI BEACH WHERE YOU HAVE TEENAGERS AND YOUNG PEOPLE COMING IN AND HAVING PARTIES BEHAVING IN WAYS THAT ARE JUST FRANKLY A NUISANCE.
WHAT YOU DON'T HEAR ANYONE SAYING IS ADDRESSING ANY OF THE MANAGERIAL CRITERIA THAT IS NECESSARY TO RUN AN VACATION RENTAL IN A WAY SO THAT IT'S NOT A PUBLIC NUISANCE SO THAT YOU DON'T HAVE EXCESSIVE TRAFFIC AND THERE'S CERTAINLY NOTICE REASON TO THINK WHY PEOPLE WHO ARE THE TARGET DEMOGRAPHIC WHICH ARE PEOPLE LIKE YOU ALL AND I BELIEVE IF NOT ALL OF YOU MOST OF YOU HAVE USED AIR BNBS AND MY CASE, I WOULD BE TARGETING YOU'RE THE DEMOGRAPHIC THAT I LIKE TO HAVE IN MY HOMES.
SO, I ASK YOU WHEN WAS THE LAST TIME YOU WENT INTO SOMEONE'S HOME AND TRASHED IT? THIS IS NOT THE MENTALITY OF THE DEMOGRAPHIC THAT COMES TO THIS CITY.
ACCORDING TO THE INFORMATION THAT WE HAD ON DISPLAY EARLIER THERE. THE AVERAGE PERSON IS 53 YEARS OLD, HAS AN AVERAGE INCOME OF $73,000 AND FEMALE.
MORE FEMALES COME TO FT. PIERCE THAN MALES.
SO, SOME OF THESE THINGS, I UNDERSTAND THE CONCERN ABOUT CARS DRIVING LOCALLY, I CAN ONLY ASSUME THAT BECAUSE WE DO HAVE A LOT OF SENIORS IN OUR AREAS AND IT MAYBE MORE DIFFICULT FOR THEM TO NAVIGATE OUR STREETS. HOWEVER I'M 54 YEARS OLD.
I DON'T HAVE ANY ISSUE NAVIGATING ANY STREET IN THUMB POINT. RECENTLY, I HAVE DRIVEN THROUGH THUMB POINT SO I CAN TAKE A LOOK AT ALL THE HOUSES AND SIGNAGE THAT HAS GONE UP RECENTLY AND CERTAINLY ON MY STREET ON PULVER I HAVEN'T HAD ISSUES NAVIGATING MY STREET.
>> I JUST WANTED TO SAY THAT. >> THANK YOU VERY MUCH.
>> MADAM MAYOR. I BELIEVE THIS IS THE APPLICANT.
>> ARE YOU PROPERTY OWNER, THE APPLICANT?
>> YES. SO IT'S -- I DON'T THINK WE'RE
SHE WOULD HAVE SPOKE DURING THE ORIGINAL PRESENTATION.
SHE IS SPEAK AT THE REBUTTAL AM ANYONE ELSE IN THE AUDIENCE?
>> I HAVE A FEW TO READ IN ONCE WE'RE FINISHED WITH CHAMBERS.
>> YOU HAVE SOME TO READ. >> HAVE YOU BEEN SWORN IN?
>> I HAVE NOT. >> RAISE YOUR HAND.
DO YOU SWEAR AFFIRM TO TELL THE TRUTH, AND NOTHING BUT THE TRUTH
>> STATE YOUR NAME AND ADDRESS. >> YEAH.
THANK YOU VERY MUCH. MY NAME IS RC KRAUDY.
I CURRENTLY OWN A HOME AT 1679 THUMB POINT DRIVE.
I AM NOT A RESIDENT BUT IT IS SOON TO BE MY PERMANENT HOME.
WE HAVE OWNED PROPERTY IN THE FT. PIERCE SINCE 1992.
I HAVE A UNIQUE PERSPECTIVE TO OFFER ON SHORT TERM RENTALS.
[02:00:03]
I AM FROM THE KISSIMMEE AREA. WE HAVE DEALT WITH SHORT TERM RENTALS FOR CLOSE TO 20 YEARS NOW.WE HAVE HANDLED THE PROBLEM. THE WAY WE HAVE HANDLED THE PROBLEM IS FORCE DEVELOPERS IF THEY WANT TO BUILD SHORT TERM RENTAL COMMUNITIES TO BUILD DEDICATED SHORT TERM RENTAL COMMUNITIES THAT CAN BE SOLD, RENTED AND MANAGED AS A SUBDIVISION. THE CHARACTER OF EXISTING MATURE NEIGHBORHOODS WAS RATHER BADLY DAMAGED IN THE EARLY YEARS OF VACATION RENTAL HOMES. YOU WOULD HAVE A MATURE NEIGHBORHOOD THAT WAS WELL ESTABLISHED WITH CHILDREN.
CHARACTER OF THE NEIGHBORHOOD WAS FAMILY ORIENTED AND THAT CHARACTERIZATION WAS THROWN OUT THE WINDOW WHEN WE ORIGINALLY ALLOWED VACATION RENTALS TO BE SET UP IN THAT NEIGHBORHOOD.
IT CHANGES THE ENTIRE CHARACTER OF THE NEIGHBORHOOD.
ONCE THAT GENIE GOT OUT OF THE BOTTLE, IT WAS VERY DIFFICULT TO PUT IT BACK IN. I WOULD SUGGEST THAT SOME CONSULTATIONS AND MAYBE YOU HAVE DONE THAT WITH THE PEOPLE THAT HAVE DEALT WITH THESE ISSUES AND THOSE AREAS, I'M SURE THEY WOULD BE HAPPY TO SHARE THEIR WHAT THEY HAVE LEARNED AND WHAT THEY HAVE PUT IN PLACE TO DEAL WITH IT.
I WOULD LIKE TO SEE >> THANK YOU.
SIR. >> THANK YOU ANYONE ELSE WISHING TO ADDRESS THIS ISSUE. ANYONE ELSE?
>> MICHAEL LAWLER. 1707 SUNSET ISLE ROAD.
I HAVE BEEN SWORN IN. I WOULD LIKE TO READ THE CODE I WAS TOLD WAS THE GRANDFATHER CLAUSE THAT ALLOWS US TO EITHER PERMIT OR NOT PERMIT THESE AIR BNBS COMING INTO OUR NEIGHBORHOOD. 125-235 STATES THE PURPOSE OF THE CONDITIONAL USE PROCESS IS TO ALLOW WHEN DESIRABLE USES THAT WOULD NOT BE APPROPRIATE GENERALLY OR WITHOUT RESTRICTION THROUGHOUT A PARTICULAR DISTRICT AS TO CONTROLLED NUMBER, AREA, LOCATION IN RELATION TO THE NEIGHBORHOOD AND WOULD NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, COMFORT, GOOD ORDER, APPEARANCE, CONVENIENCE AND THE GENERAL WELFARE.
THAT'S A SIGNIFICANT STATEMENT. THERE'S A LOT OF THERE TO UNPACK. I ONLY HAVE THREE MINUTES.
I WILL TALK APPROXIMATE SAFETY. WE HAVE 20 FOOT RODS IN OUR NEIGHBORHOODS. THEY HAVE WOMEN, CHILDREN, ON BIKES, SKATE BOARDS, PEOPLE WALKING THEIR DOGS.
BABY STROLLERS, ALL DAY LONG FROM MORNING TO NIGHT.
THAT'S WHAT WE SEE. WHEN IT RAINS, THESE ROADS FLOOD. CARS COMING THROUGH THE FLOODED STREET CAN SKID, THEIR BRAKES CAN FAIL FOR A SHORT TIME.
PEOPLE WALKING OR RIDING THE BIKES, THERE'S NO SIDEWALKS.
THEY HAVE TO WALK IN THE MIDDLE OF THE ROAD.
IT'S DANGEROUS. THIS WILL PUT OUR FAMILIES AND COMMUNITIES AT RISK. PLEASE VOTE NO.
THE OTHER THING I WANT TO SAY ABOUT INSURANCE.
MY HOMEOWNERS INSURANCE DOES NOT ALLOW ME TO RENT MY HOUSE.
OKAY. THERE'S NO COVERAGE FROM A NORMAL HOME FROM AN INSURANCE STANDPOINT.
YOU NEED TO GET SPECIAL INSURANCE AND YOU NEED TO SHOW PROOF OF THAT INSURANCE IF I WAS GOING TO
THANK YOU VERY MUCH. >> THSHG.
ANYONE ELSE WHO WANTS TO ADDRESS.
PLEASE COME FORWARD. >> DAVID UNDERHILL, 1713 BAY
SHORE DRIVE. >> WHAT WAS YOUR FIRST
>> WE HAVE HEARD A LOT ABOUT SAFETY AND ROAD CONDITIONS.
HAS THE FT. PIERCE CONDUCTED AN FDOT MINIMUM STANDARDS FOR THESE
ROADS? >> YOU JUST KEEP TALKING.
THIS ISN'T A DIALOGUE. I WILL LET YOU THINK ABOUT THAT.
FDOT HAS CLEAR GUIDELINES FOR ALL ROADS.
IF WE HAVE NOT LOOKED AT THAT AS A GROUP, WE'RE LEAVING OURSELVES SUSCEPTIBLE TO LAWSUITS IN THE FUTURE BY ALLOWING DIFFERENT BUSINESSES NOT JUST AIR BNBS TO PERFORM IN THOSE AREA.
I WOULD SUGGEST THE COMMISSION CONSIDER DOING A STUDY OF THE STREETS AT WHICH WOULD BE ALLOWABLE TO MEET THE F
>> THANK YOU. >> THANK YOU, SIR.
ANYONE ELSE? ANYONE ELSE WISHING TO ADDRESS
[02:05:03]
ON THIS SUBJECT? ANYONE ELSE?>> RICK CREED. >> HAVE YOU BEEN SWORN IN SIR?
>> YOU'RE ADDRESS. >> 2625 SOUTH U.S. 1.
>> I AM PERPLEXED IN LISTENING. I KNOW PEOPLE ARE CONCERNED ABOUT THEIR HOMES AND LIKE ALL COMMUNITIES.
ALL COMMUNITIES ARE IMPORTANT TO THE PEOPLE THAT LIVE IN THAT COMMUNITY ACROSS THIS ENTIRE CITY.
ESPECIALLY FOR THOSE OF US THAT WERE BORN IN THIS COMMUNITY OR SECOND AND THIRD GENERATIONS. I'M ONE.
I ATTEND THE COMMISSION MEETINGS REGULARLY AND I HAVE NEVER SEEN THIS TYPE OF EMOTION AND THIS TYPE OF CONSTERINATION OVER IT.
YOU HAVE SEE YOU SAY THE LEGISLATION HAS RULED ON THIS AND UNDER CERTAIN CONDITIONS OTHER THAN THE CERTAIN SAFETY AND LIFE CONDITIONS Y'ALL CAN'T REALLY DO MUCH ESPECIALLY ON THE WEST SIDE OF TOWN. WHAT REALLY BOTHERS ME.
I HEAR THE ATTACKS ABOUT HER CHARACTER.
I AM THE WIDOW OF A PERSON IN THE MILITARY.
THE BUZZ WORDS I HAVE HEARD HERE.
THE RACIAL UNDER TONES. I WATCHED THE PLANNING MEETING AT 51.47 SECONDS. THESE PEOPLE.
WHEN SHE'S QUESTIONED AND DRILLED IN A PLANNING BOARD SHE HAS FOUR KIDS AND THEY NEED A LEGAL DETERMINATION WHETHER SHE'S ALLOWED TO HAVE FOUR KIDS IN THE HOUSE.
IS IT BECAUSE SHE'S BLACK? WE ARE BETTER THAN THIS.
AND IF THE DECISION THAT Y'ALL MAKE SHOULD BE PREDICATED ON THE LEGALITY AND THE STATE STATUTE, NOT ON DISSECTING HER MORTGAGE.
THAT WAS INSULTING. THAT WAS INSULTING.
WHEN THEY SAID THAT SHE GOT A VA.
DID SHE STEAL A VA LOAN. IT SEEMS SHE PAID THE ULTIMATE PRICE. HER HUSBAND SACRIFICED HIS LIFE IF ARE THIS COUNTRY. THERE'S NO GREATER THING THAN TO GIVE YOUR LIFE FOR SOMEONE ELSE. SO I THANK HER FOR HER SERVICE.
I THANK HER CHILDREN FOR THEIR FATHER.
WE ARE BETTER THAN THIS. TO TAKE A BASKET OF A BANANAS TO AN AFRICAN AMERICAN TO A WOMAN MOVING INTO THE NEIGHBORHOOD.
WE SHOULD BE ASHAMED OF OURSELVES AS CITIZENS OF FT.
PIERCE. I AS A BUSINESS PERSON AND PROPERTY OWNER AND WILL DIE HERE.
PROBABLY MAYOR YOU WILL LIKE IT SOONER THAN LATER.
I'M EMBARRASSED ABOUT THIS. TO ATTACK SOMEONE'S CHARACTER -- ANYONE ELSE? PLEASE COME FORWARD.
>> JACLYN PETERS. 1704 RIO VISTA.
I DON'T, WERE YOU SWORN IN MA'AM?
>> I WAS IN THE >> THAT'S FINE.
>> THANK YOU. I WAS A LONG-TERM RESIDENTIAL DRUG TREATMENT CENTER COUNSELOR AND IT WAS COMMON KNOWLEDGE THAT THE KIDS WOULD GO TO AIR BNBS THAT WERE SET UP FOR THAT PURPOSE TO PARTY AND TO SELL I THINK THE VETTING PROCESS FOR THIS SYSTEM IS JUST TOO INADEQUATE.
IF SOMEBODY WAS GOING TO ASK ME AND THAT WAS MY INTENTION, WHAT IS YOUR PURPOSE FOR COMING HERE? I AM GOING TO THROW WILD PARTIES AND SELL DRUGS. THERE'S JUST NO WAY ANYONE IS GOING TO TELL THE TRUTH FOR THAT.
SO I JUST DON'T THINK THE VETTING PROCESS TO KEEP OUR RESIDENTIAL AREAS SAFE IS GOOD ENOUGH FOR THIS.
THAT'S ALL I HAVE TO SAY. >> ASK I GET YOUR LAST NAME
LAST CALL FOR ANYONE ELSE. NOW THE APPLICANT HAS THREE MINUTES TO REBUT. IS THAT CORRECT?
>> YOU NEED TO READ. >> SORRY.
YOU TOLD ME THAT ALREADY. THESE ARE SWORN STATEMENTS SUBMITTED. SALLY GRIFFITH OF 1510 THUMB POINT DRIVE. FORT PIERCE, MY HUSBAND BOUGHT OUR HOME AT 1510 THUMB POINT DRIVE 45 YEARS AGO.
[02:10:03]
. ALL THIS TIME WE ENJOYED OUR SINGLE FAMILY HOME IN A SAFE AND PEACEFUL COMMUNITY.WE MUST DEFEND OUR RIGHTS AS LONG-TERM RESIDENTS AGAINST NEW INVESTORS AND SHORT TERM HOUSE RENTALS ON OUR ISLAND.
WE BELIEVE THE SHORT TERM RENTAL REQUESTS FOR THE PROPERTY AT 1577 THUMB POINT DRIVE WOULD HAVE A NEGATIVE AFFECT ON OUR LIFE AND GENERAL WELFARE OF NEIGHBORS OF THUMB POINT, FLORIDA. THE SPECIFIC REASONS IS THE INTENTIONS FOR THIS HOUSE SINCE SHE APPLIED FOR HOMESTEAD EXEMPTION. I NEVER SAW THE OWNER NOR EVEN FAMILY EVEN THOUGH I WALK BY THIS HOUSE EVERY MORNING AND NOVEMBER IN DECEMBER OF 2020. I DID SEE AS MANY AS EIGHT CARS ALWAYS DIFFERENT PARKED IN THE DRIVEWAY AND THE GRASS ON FERNANDINA. OUR GENERAL CONCERNS ARE HAVING TOO MANY CARS AT THUMB POINT AND FERNANDINA.
HAVING ADEQUATE EXPERIENCE TO PROTECT NEIGHBORS.
HAVING UNLICENSED, UNVACCINATED DOGS.
WE ARE ASKING YOU TO PLEASE DENY THIS REQUEST.
AND I RECEIVED ANOTHER ONE FROM GARY HICKMAN OF 1560 THUMB POINT DRIVE IN FT. PIERCE, FLORIDA, OUR OPINIONS WITH CONDITIONAL USE VARIANTS TO THE OWNERS OF 1577 THUMB POINT DRIVE FOR LESS THAN THREE MONTHS HAVE NOT CHANGED.
THE THUMB POINT NEIGHBORHOOD IS A RETIRED AREA WITH YOUNG FAMILIES MOVING IN. THE SAME SAFETY FACTOR ALLOWS CHILDREN A GOOD PLACE TO GROW UP.
THIS IS NOT PLACE TO INTRODUCE SHORT TERM RENTALS.
THEY MAY WELL COMPROMISE THE THE OLDER VULNERABLE POPULATION IN TERMS OF HEALTH, DISEASES AND OR ATTACKS FROM ANIMALS BROUGHT WITH RENTALS AND SAFETY FROM VEHICLES WITH NO ALLEGIANCE TO THE COMMUNITY AND NO REGARD TO SPEED LIMITS OR SAFE DRIVING OR PARKING THE NEIGHBORHOOD ROADS ARE USED FOR WALKING, RUNNING AND BICYCLING AND CREATE MORE SAFETY ISSUES.
THE PROPERTY AT 1577 THUMB POINT DRIVE GIVES A FIRST IMPRESSION AND AS SUCH SHOULD NOT HAVE AN OVER FLOW OF PEOPLE AND VEHICLES THAT CHANGE EVERY FEW DAYS. FOR REASONS OF TRAFFIC CONGESTION AND PRECEDENT, WE ARE OPPOSED.
>> I RECEIVED ONE FROM MIKE KNOLL OF 1147 HERNANDEZ STREET.
AIR BNB PERFORM BACKGROUND CHECK AND RENTAL HISTORY.
YOU CAN SCREEN RESIDENTS AND RENTERS BEFORE AN AGREEMENT.
THESE WILL BE UTILIZED BY FAMILIES LOOKING TO EXPLORE OUR AREAS AND VISIT LOVED ONES HERE. THEY ARE MUCH CLEANER AND OFFER A MORE UNIQUE EXPERIENCE THAN HOTELS.
THEY ARE REQUIRED TO FOLLOW THE RULES.
THE LAST IS FROM SEAN SEFAULT 1138 HERNANDEZ STREET.
I AM IN FAVOR OF THE CONDITIONAL USE PERMIT FOR 1577 THUMB POINT DRIVE. I OWN A HOME ON TRADE WIND AND A PERMANENT RENTAL. MY RENTALS ARE HIGH END RENTERS.
I HAVEN'T HAD ANYONE I WOULDN'T RENT TO AGAIN AND I'M VERY PARTICULAR. THERE'S NO DAMAGE OUTSIDE OR OUT. JUST RESPECTFUL PEOPLE WHO LOOK TO KNOW THE AREA SUCH AS DOCTORS AND NURSES.
A FEW HAVE DECIDED TO BUY HAVING A MINIMUM OF TWO DAYS ACTUALLY ALLOWS ONE TO RENT FEBRUARY AS A MONTHLY RENTAL.
DOESN'T MEAN SHE'S GOING TO RENT OUT EVERY WEEKEND OF THE YEAR.
SHE OBVIOUSLY DOESN'T WANT HER BEAUTIFUL PROPERTY TO BE DESTROYED. IT TAKES TIME AND EFFORT TO KEEP PROPERTY IN MINT CONDITION. THAT'S ALL THE SUBMITTED STATEMENTS I HAVE. ALL RIGHT.
I WOULD LIKE FOR THE APPLICANT TO COME BACK UP AND WE HAVE, YOU HAVE THREE MINUTES TO REBUT. SO.
[02:15:04]
ARE WE GOING TO HAVE 2 APPLICANTS SPEAK.>> THERE'S THREE MINUTES. HOWEVER THEY WANT TO SPLIT IT
UP. >> THREE MINUTES BETWEEN THE TWO
OF YOU. >> CAN YOU JUST GIVE ME ONE SECOND. CAN I PULL UP THE STAFF REPORT.
>> IT'S PART OF THE STAFF REBUTTAL.
I DON'T KNOW PHYSICALLY IF WE CAN DO THAT.
>> I CAN'T DO IT FROM HERE. IS THAT WHAT YOU WANT?
>> OKAY. I'M GOING TO MAKE MINE BRIEF SO
MS. BAKER CAN SPEAK. >> I'M SORRY.
I WON'T START THE TIME. >> MICHELE LONGARZO, 715 SOUTH
OCEAN DRIVE. >> I AM GOING TO KEEP MINE BRIEF SO SHE CAN SPEAK. JUST TO GO THROUGH A BUNCH OF THESE THING. I WANT TO REMIND EVERYBODY HERE, EVERYBODY TOOK AN OATH. WE HAVE TO UPHOLD THE FLORIDA CONSTITUTION. WE CANNOT JUDGE ON FREQUENCY.
AS SPOKEN BY PREVIOUS PEOPLE THAT ARE FOR US.
YOU KNOW, AGAIN WE HAVE TO CLEAN THEM, MUCH CLEANER THAN A HOTEL.
THE WEAR AND TEAR ON THESE PROPERTIES AS AN OWNER WE ARE SELECTIVE OVER WHO CAN COME BECAUSE IT'S EXPENSIVE TO MAINTAIN AND IT'S OUR SECONDARY HOMES A LOT OF US.
WHEN IT COMES TO THE STREET STUDIES, THE STUDIES HAVE MULTIPLE MONTHS TO DO THE STREET STUDIES.
I WANT YOU SO TAKE JUDICIAL NOTICE OF MS. HOFMEISTER'S REPORT. THEY ASKED ELECTRIC AND GAS.
NO COMMENT. THEY ASKED THE UTILITIES.
THEY ASKED ABOUT THOSE TYPE OF THINGS.
ESPECIALLY PUBLIC WORKS. TRASH NO COMMENT.
POLICE DEPARTMENT, NO COMMENT. YOU KNOW SO, I MEAN IF THEY HAD ANY CONCERNS, IF THE CITY HAD CONCERNS, THEY WOULD HAVE BEEN HAVE BEEN ABLE TO ALREADY ADDRESS THIS ISSUE.
YOU KNOW, FOR ANY KIND OF STUDIES.
NO ADDITIONAL INFORMATION WAS GIVEN OR PROVIDED BY THE CITY.
I KNOW PERSONALLY THEY WERE SPEAKING ABOUT SUPER HOSTS.
WE ARE SUPER HOSTS AND PREMIERE HOSTS.
WHICH MEANS WE'RE DOING A REALLY GOOD JOB.
>> STATE YOUR NAME AND ADDRESS FOR THE PROCEDURE.
>> MY NAME IS SUSAN BAKER. ADDRESS IT 1577 THUMB POINT DRIVE. WERE YOU SWORN IN?
>> YES, I WAS. I WANTED TO ADDRESS THE SIGN.
THERE WAS A STORM, I'M NOT RESPONSIBLE FOR THAT SIGN.
THE SIGN WAS BLOWN SO I'M JUST ADDRESSING THE FACTS THESE NEIGHBORS SAID THE SIGN WAS THERE AND IT WAS ALWAYS THERE.
THE WEATHER PERMS ISSUE THE SIGN BLEW AWAY.
I HAVE NO CONTROL OVER THAT. JUST GOING TO READ AN EXCERPT OF MY LETTER. I HAVE LIVED IN FLORIDA FOR MOST OF MY LIFE. I AM A WIDOW OF A VETERAN WHO SERVED IN THE UNITED STATES IN THE AIR FORCE.
LAST YEAR DURING THE HEIGHT OF COVID-19 PANDEMIC.
I MANAGED TO ACHIEVE MY DREAM OF HOME OWNERSHIP.
I WAS EXCITED TO MOVE IN. A FEW WEEKS AFTER I MOVED IN, A NEIGHBOR GAVE MY BROTHER A BASKET OF BANANAS.
IT WAS VERY UNSETTLING. IT DAWNED ON ME THIS WAS A
[02:20:03]
POSSIBLE RACIAL ISSUE. I POINTED MICHELE LONGARZO AS MY MANAGER. I GENTLEMEN CAME ON MY PROPERTY AND TOLD ME NO ONE WANTS YOU PEOPLE HERE.MR. SCHAEFER. WE ARE THE ONLY BLACK FAMILY ON THUMB POINT DRIVE. IN FACT I'M WORRIED THIS WILL LEAVE TO FURTHER HARASSMENT GIVEN THE STATE
WE ARE CLOSING THE PUBLIC HEARING.
AND I WILL ENTERTAIN DISCUSSION. OR A MOTION.
>> SO, I WANT TO CLARIFY THAT A SHORT TERM RENTAL WHEN IT'S APPROVED ON A PROPERTY MR. SWEENEY, THIS IS A QUESTION FOR YOU. IF THE PROPERTY IS SOLD, THAT SHORT TERM RENTAL, THAT CONDITIONAL USE STAYS WITH THE PROPERTY? IT DOES STAY THE PROPERTY.
PURSUANT TO OUR CODE OF ORDINANCES STAYS WITH THE PROPERTY. IF THE CONDITIONAL USE CEASES TO BE USED FOR THE MANNER IN WHICH IT WAS GIVEN, THEN IT'S TAKEN AWAY. BUT THAT WOULD BE FOR A PERIOD OF ONE YEAR IS THE STANDARD. BUT JUST BECAUSE IT WAS SOLD TO ANOTHER PROPERTY OWNER, AGENCY, ENTITY WHATEVER.
YES, THE CONDITIONAL USE WOULD CONTINUE TO FOLLOW WITH THE PROPERTY. ONE OTHER THING I WANTED TO MENTION AS YOU GET INTO YOUR DELIBERATIONS, THERE WAS COMMENTS MADE ABOUT PRIOR DENIALS OF CONDITIONAL USES.
I WANT TO REMIND THIS COMMISSION THAT EVERY SINGLE CONDITIONAL USE MUST BE EVALUATED ON ITS OWN.
BASED ON WHAT YOU HEARD IN THE HEARING.
SO, IT WOULD BE INAPPROPRIATE TO SIMPLY SAY BECAUSE IT WAS EITHER GRANTED OR DENIED AT ANOTHER LOCATION THAT WOULD GIVE YOU THEIS BASIS TO DO THE SAME THING.
MR. SWEENEY, CAN YOU CLARIFY SOMETHING FOR ME ON THE CURRENT STATUS AND ABILITY OF REVOCATION OR REVOKE ANY CONDITIONAL USE
TERMS WE STATED. >> AS YOU HAVE SEEN STAFF AS RECOMMENDED BY CONDITIONAL USES. ONE OF WHICH IS THE TWO CAR, I WILL SAY USE ALLOWANCE. IF THERE WERE TO BE A VIOLATION, THAT WOULD BE REPORTED THROUGH THE CODE ENFORCEMENT AND GO THROUGH THE SPECIAL MAGISTRATE. AND A FINDING.
IF MY OPINION, IF THE FINDING WERE TO COME BACK THAT THERE WAS A VIOLATION OF THE CONDITIONAL USE BECAUSE LET'S SAY THERE WAS SIX CARS, AND THEN THE SPECIAL MAGISTRATE FOUND THE FINDING.
IT COULD BE BROUGHT BACK. THE SPECIAL MAGISTRATE AS THE ABILITY TO LEVY A FINE. THAT'S WHAT CAN HAPPEN THERE.
SEPARATELY, IT COULD BE BROUGHT HERE.
IT WOULD BE GOOD FAITH. AND COULD SUPPLY THE BASIS FOR
REVOKING THE THE USE. >> MS. COX.
WOULD YOU PULL UP THE CONDITIONAL STAFF THAT STAFF PUT
UP FOR US. >> IF THEY CAN COME IN AT SOME POINT AND PUT THAT BACK UP FOR ME PLEASE.
>> WE NEED SOMEBODY ELSE TO BE ABLE IT ON RUN THIS.
COUPLE COMMENTS. HEARD A LOT OF TESTIMONY TONIGHT AND I WILL SAY TO MS. BAKER. WE ARE YOUR NEIGHBORS, THE CITY OF FORT PIERCE IS YOUR NEIGHBOR. IF THERE'S ANYTHING THAT HAPPENED NEGATIVE IN YOUR EYES. I APOLOGIZE FOR THAT AND THAT IS SOMETHING THAT WILL NOT BE TOLERATED BY THIS COMMISSIONER.
I WILL LEAVE IT AT THAT. I HAVE A COUPLE NOTES.
I DID ASK THE ABOUT CITY OF FT. PIERCE AND RELATED TO THE
[02:25:01]
FLORIDA STATUTES AND WE HAVE TALKED ABOUT THIS MANY TIMES.THIS HAS BEEN BEFORE US. THIS IS LIKE BASICALLY YOU KNOW QUASI JUDICIAL. WE'RE SITTING AT LEGISLATORS JUDGES, PER SE AS IS READ IN THE BEGINNING.
I WENT TO THE FLORIDA STATUTE AND TALKS EXACTLY LIKE ABOUT THE QUESTION THAT I ASKED. THIS PARAGRAPH DOES NOT APPLY TO ANY LOCAL ORDINANCE ADOPTED BEEN JUNE 1ST, 2011.
I BELIEVE OUR CONDITIONAL USE PROCESS DOES FALL INTO THAT GRANDFATHER CLAUSE AND WE'RE TO RULE ON THAT.
I HAVE SEEN IT BEFORE. I HEARD IT BEFORE.
IT'S BEEN TESTIFIED TO US BEFORE AND SO I JUST BRING THAT INTO US FOR US TONIGHT AS PART OF THI CONSIDERING.
THERE WAS TESTIMONY SAYING NO THERE WAS NO ISSUE.
SO, BUT THEN WE HAVE THE OTHER SIDE SAYING THERE IS ISSUE.
WE HAVE TO RULE ON THAT. AND THEN, ANOTHER PERSON BROUGHT UP THE IDEA ABOUT TAILORS. I NEVER THOUGHT ABOUT THAT BEFORE. TO MY KNOWLEDGE, WE JUST NEVER ASKED THAT QUESTION. IS THAT AN ISSUE? WOULD WE CONSIDER THAT A VEHICLE? I DOUBT IN OUR CODE WE CALL THAT A VEHICLE.
SO THAT'S SOMETHING THAT WE HAVE TO CONSIDER.
LET'S SEE. ONE OTHER ITEM THAT I WANTED TO TALK ABOUT. I WILL WAIT.
>> WELL, SO, WHAT I HEARD WAS CONCERN ABOUT THE LACK OF SIDEWALKS AND LACK OF MINIMAL NUMBER OF STREET LIGHTS THAT ARE CONCERNED. MOST OF PEOPLE THAT TESTIFIED LIVE IN THIS NEIGHBORHOOD, THEY WALK OR BIKE, WE HEARD FIRST HAND TESTIMONY ABOUT THE VARIOUS PARTS OF SOUTH BEACH AND I KNOW AT LEAST ONE, I KNOW I HAVE SEEN AT LEAST TWO OF THE SPEAKERS TONIGHT ON THEIR WALK OR THEIR RUN AND I KNOW THEY GO WAY BEYOND THUMB POINT. SO THEY KNOW ABOUT THE SIDEWALKS IN THE OTHER PART OF THE ISLAND. I THOUGHT IT WAS INTERESTING THAT THE BEACH, THAT THE MAP HAD THE SHORT TERM RENTALS ALONG A 1 A, ALONG SEA WAY AND AND ON BENNY AND THOSE ARE VERY DIFFERENT STREETS AND VERY DIFFERENT, THEY HAVE A LOT OF DUPLEXES AND A LOT OF TRAFFIC. ESPECIALLY BENNY.
PEOPLE HAVE PUT SIGNS IN THEIR YARD SAYING PLEASE DRIVE LIKE YOUR CHILDREN LIVE HERE BECAUSE THEY ARE CONCERNED ABOUT THE TRAFFIC ON BENNY DRIVE. 1577 THUMB POINT IS AT THE CORNER OF FERNANDINA AND THUMB POINT.
IT HAS THE GARAGE THAT FACES FERNANDINA AND THE HOUSE THAT FACES THUMB POINT. THERE ARE A NUMBER OF REASONS THAT THIS CONDITIONAL USE CAN TAKE INTO CONSIDERATION.
AND IT'S SAFETY, IT'S GENERAL WELFARE, IT'S APPROPRIATENESS FOR THE NEIGHBORHOOD. AND THIS IS A BUSINESS IN A NEIGHBORHOOD. THIS ISN'T WORKING IN YOUR HOUSE SELLING INSURANCE OR WORKING IN YOUR HOUSE REMOTELY ON A COMPUTER FOR DOCTOR BILLING OR SOMETHING WHERE PEOPLE AREN'T COMING AND GOING TO YOUR HOUSE. HOME-BASED BUSINESSES ARE VERY GOING TO BE THE WAVE OF THE FUTURE PROBABLY.
SO, BUT THIS IS A COMMERCIAL USE IN A NEIGHBORHOOD.
AND WE ARE NOT, WE CANNOT GOVERN BY DURATION, FREQUENCY, BUT WE CAN TALK ABOUT THE THINGS THAT GIVE US THE TOOLS TO SAY IS THIS, DOES THIS MEET THE STANDARD FOR A CONDITIONAL USE IN THIS PARTICULAR NEIGHBORHOOD? AND I THINK THAT THERE'S CONCERN
[02:30:11]
THAT, WITH EVERY SING. THIS IS LIKE A DEVELOPER COMING BEFORE US AND YOU HAVE TO WEIGH THE VORACITY AND WHAT THEY PROMISE TO DO AND PUT CONDITIONS ON THEM AND HOLD THEM ACCOUNTABLE. WE DO TRAFFIC STUDIES.IF YOU REMEMBER RIGHTLY, IN THE END, DID NOT APPROVE THE NEW CUMBERLAND FARMS BECAUSE OF THE TRAFFIC ON SEA WAY DRIVE AND WANTING TO FEEL LIKE THAT THAT, THAT NEW USE AND THAT PARTICULAR AREA WAS GOING TO BE TOO MUCH OF A PROBLEM ON SEA WAY DRIVE.
AND SO, AND THEY WERE SEVERAL TRAFFIC STUDIES DONE FOR THAT.
THIS SHORT TERM RENTALS IS FAIRLY NEW AND IT'S CERTAINLY NEW TO FT. PIERCE. I HAVE TO SAY I HAVE NEVER STAYED IN A SHORT TERM RENTAL AND I DON'T KNOW WHAT A SUPER HOST IS OR PREMIERE HOST IS. I THINK THAT I PROBABLY HAVE A LOT TO LEARN. BUT, IT IS SOMETHING NEW TO ME AND ONE OF THE REASONS THAT I BRING THIS UP IS THAT WE'RE GRAPPLING WITH THIS AS A CITY AND THAT'S WHY WE HAVE A TASK FORCE STUDYING THIS. THIS IS A HUGE AMOUNT OF TIME AND ENERGY BEING SPENT ON THIS ISSUE BOTH FOR THE APPLICANT, AND FOR OUR CITIZENS. AND THIS IS A BIGGER PICTURE ISSUE BEYOND FT. PIERCE BECAUSE IT IS TWO COMPETING INTERESTS ON THE ONE SIDE THEY SAY PRIVATE PROPERTY RIGHTS AND TOURISM ON THE OTHER SIDE THEY SAY PRESERVE OUR NEIGHBORHOODS.
AND I WANT TO POINT OUT TO YOU, THIS IS IN THE CRA AREA.
ONE OF OUR MAIN GOALS IS TO STABILIZE NEIGHBORHOODS AND IT'S ACTUALLY MENTIONED IN THERE THAT STABLE NEIGHBORHOODS, WHAT WE TRY TO DO IS HAVE HOME OWNERSHIP AND PEOPLE WHO LIVE IN THE HOMES THAT THEY OWN BECAUSE THEY ARE INVESTED IN THE NEIGHBORHOOD AND THEY ARE DEDICATED TO KEEPING EVERYBODY SAFE AND THEY HAVE A LONG-TERM VIEW OF THEIR OWN SURROUNDINGS.
SO I JUST WANT TO GET THAT ON THE RECORD AND LET YOU KNOW WHAT I'M FEELING ABOUT THIS PARTICULAR APPLICATION.
I WOULD BE HAPPY TO ENTERTAIN ANY OTHER DISCUSSION.
>> I HAVE ONE QUICK QUESTION AND THEN COMMISSIONER GO.
IT HAS TO DO WITH MR. SWEENEY AND HE MIGHT HAVE TO LOOK SOMETHING UP. THERE WAS MENTION OF IN THE APPLICANT AND TESTIMONY MENTIONED TONIGHT, CONDITIONAL USE SIGNAGE. OKAY.
YEARS AGO, A FEW YEARS AGO WE CHANGED HOW A DEVELOPER AND APPLICANT WOULD ADVERTISE THERE'S A CONDITIONAL USE ON A PROPERTY. REMEMBER CITY OF FORT PIERCE USED TO BE RESPONSIBLE WITH STAFF TIME POSTING SIGNS.
MR. SWEENEY. IF YOU COULD LOOK THAT UP JUST TO SEE IF THE SIGN IS SOMETHING SUPPOSED TO BE POSTED AND ANYTHING LANGUAGE THAT TALKS ABOUT THOSE THINGS.
>> I WILL LOOK IT UP AND HAVE AN ANSWER IN A MINUTE.
>> COMMISSIONER PERONA. >> YEAH.
OKAY. MR. SWEENEY SINCE WE HAVE BEEN BEATING YOU UP LATELY, CAN YOU REFRESH OUR MIND AGAIN ON
SUBSTANTIAL COMPETENT EVIDENCE. >> YES.
IT'S IMPORTANT. >> THE CITY CLERK HAS ASSISTED WITH TAKING THE LANGUAGE FROM OUR RESOLUTION THAT ALL OF YOU HAVE AGREED TO USE DURING A QUASI JUDICIAL HEARING.
BUT YOU'LL SEE IT IN JUST A SECOND.
YOU'RE GOING TO BE SEEING THIS SLIDE GOING FORWARD WHEREVER YOU'RE DELIBERATIONS COME UP. BECAUSE I BELIEVE IT'S APPROPRIATE AND NOT ONLY FOR YOU BUT ALSO FOR ALL MEMBERS OF PUBLIC AND TRANSPARENCY TO SEE EXACTLY WHAT THE STANDARD IS.
THANK YOU. SO AS YOU'LL SEE, YOU HAVE SEVERAL BULLET POINTS OF WHAT IS COMPETENCE SUBSTANTIAL EVIDENCE.
ESTABLISHES SUBSTANTIAL BASIS FROM WHICH THE FACT CAN BE INFERRED. REQUIRES SPECIALIZED KNOWLEDGE AND RELEVANT TO THE ISSUES. IS EVIDENCE A REASONABLE MIND WOULD ACCEPT AS WEIGHT TO SUPPORT A CONCLUSIONS.
IT'S NOT HYPOTHETICAL, FEAR OR GENERALIZED STATEMENTS THAT DO NOT ADDRESS THE RELEVANT ISSUES AND CANNOT BE SAID TO SUPPORT
THE OKAY ADVOCATED. >> THANK YOU FOR THAT.
[02:35:02]
MOST OF DECISIONS THAT WE GET TO MAKE UP HERE ARE LEGISLATIVE.MEANS WE CAN USE OUR GOD GIVEN COMMON SENSE TO COME THROUGH THESE THINGS. YOU TALK ABOUT PUTTING A BUSINESS AS YOU SAY MAYOR IN THE MIDDLE OF A NEIGHBORHOOD DOESN'T MAKE SENSE. THIS COMES ALONG THIS QUASI JUDICIAL FORMAT. QUASI JUDICIAL HOLDS US ALL TO A HIGHER SENSE. THAT SUBSTANTIAL COMPETENT EVIDENCE HAS TO BE THERE TO BE ABLE TO DENY THAT.
IN FACT, ANY MOTION THAT WE MAKE FROM NOW ON, SEEMS LIKE EVERY TIME WE HAVE A NEW RULE IN HOW WE DO THIS.
THE IF IT'S DENIED. IT MUST INCLUDE THE STATEMENT OF THE SUBSTANTIAL COMPETENT THAT WE HAVE HEARD.
SO IT HAS TO BE INCLUDED WITH THAT.
SO, I SAT AND MADE PRETTY GOOD NOTES.
I APPRECIATE. THESE ARE MY NEIGHBORS OUT HERE.
I KNOW MOST OF THEM. I LIVE ON CYPRUS.
I'M IN THE SAME THING, SAME AREA TYPE AS EVERYBODY ELSE.
AND THERE'S TIMES WHERE I'M REALLY HAPPY TO BE YOUR REPRESENTATIVE AND COMMISSIONER FOR THE CITY OF FT. PIERCE AND TIMES I'M NOT. TODAY WAS A REAL TOUGH DAY.
I'M SURE IT WAS FOR EVERYBODY UP HERE.
SOME OF THE HARD THINGS WE HAVE TO BE ABLE TO DO.
YOU GIVE ME A SET OF RULE AND REGULATION AND TELL ME I HAVE TO FOLLOW IT, I'M GOING TO FOLLOW IT.
LIKE IT OR NOT. YOU KNOW SO, HERE I AM TODAY LISTENING TO THIS SET OF FOLKS THAT CAME UP AND SPOKE TO US TODAY. DIGGING THROUGH IT ALL.
I COULDN'T FIND ANYTHING THAT WAS SUBSTANTIAL.
COMPETENT EVIDENCE THAT WILL STEER ME TO DENY IT.
NO MATTER WHAT. SO, I KNOW WE ENDED UP WITH A 2-2 TIE AND THERE'S FOUR OF US THAT GET TO MAKE THE DECISION AGAIN. IF THERE'S COMPETENT SUBSTANTIAL EVIDENCE OUT THERE. I'M ASKING ANYBODY TO BE ABLE TO ON THE DAIS. ANYBODY ON THIS DAIS TO BE ABLE TO DIRECT ME TO IT SO I MAY CONSIDER THAT.
SO AS FAITH WOULD HAVE IT, OR FATE WOULD HAVE IT THIS WEEKEND.
I STAYED IN AN AIR BNB AND IT WAS A NUMBER OF US CELEBRATING A 55TH BIRTHDAY CELEBRATION. AND VERY IMPRESSIVE NEIGHBORHOOD IN FACT, MOST OF THE PEOPLE THERE WERE EITHER CELEBRATING BIRTHDAYS OR IN TOWN FOR A GOLF TOURNAMENT THAT WAS TAKING PLACE NOT TOO FAR FROM THIS PARTICULAR DWELLING.
ONE OF THE PERSONS THAT WE HEARD FROM TONIGHT I THOUGHT HAD A VERY TANTAMOUNT EXPRESSION OF WHERE WE NEED TO PROBABLY THINK ABOUT AS A CITY AND WHERE WE GO FURTHER DOWN THE LINE.
I DON'T THINK THAT'S FOR DISCUSSION TONIGHT.
IT'S WELL RECEIVED, THIS A LEVEL A PROGRESSION AND SOMETHING WE'RE GOING TO HAVE TO LEARN TO DEAL WITH AND GROW WITH.
WHAT I SAW AND WHAT I WITNESSED THIS WEEKEND PERSONALLY AND I HAVE STAYED IN PLENTY OF AIR BNBS ACROSS THAT STATE.
WHAT WAS IMPRESSIVE. WE HAD A TV ISSUE AND THE GUY CAME UP IN HIS GOLF CART. DIDN'T HAVE TO ADDRESS US.
REMINDED US OF NOISE ORDINANCE WHICH IS 10 O'CLOCK AND NO OUTSIDE NOISE BUT YOU COULD BE IN THE HOUSE AND CHATTING, CONVERSATING AND LAUGHING. THAT WAS ADHERED TO.
I LOOKED AT THAT NEIGHBORHOOD AND I'M SITTING HERE VISUALLY REMEMBERING WHAT I SAW AND THE CHALLENGES.
THEY WERE NO SIDEWALKS IN THAT NEIGHBORHOOD.
THEY WERE DRAINAGE ISSUES AND PEOPLE WALKING BABIES AND DOGS IN THE STREET. I GET THAT.
BUT I ALL SAW PEOPLE WHO COMPLIED WITH THE RULES OF THAT AIR BNB STATED. AND YOU KNOW, WE HAD THIS DISCUSSION LAST TIME. AND I DON'T TAKE THIS LIGHTLY.
I HAVE A FAMILY MEMBER THAT'S AN ATTORNEY THAT HAS ADVISED AND I HAVE GONE BACK AND FORTH OF MR. SWEENEY ON THIS COMPETENT SUBSTANTIAL EVIDENCE. AND I AM AT THE POINT WHERE AGAIN I'M IN THE HEARING THE SUBSTANTIAL EVIDENCE OF WHAT I NEED TO DENY THIS. I SEE BASED ON THE CRITERIA THAT WE HAVE TODAY. WHAT WE HAVE SET AS STANDARDS OF CONTINUAL USE WHAT NEEDS TO HAPPEN AT THIS POINT.
[02:40:03]
IF THERE'S SOMETHING DIFFERENT, I TOO WELCOME THAT.I'M INTELLIGENT ENOUGH TO MAKE A COMPETENT DECISION BASED ON THE EVIDENCE. THE SUBSTANTIAL EVIDENCE THAT WILL STAND UP AGAINST CITY OF FORT PIERCE.
HOW DO WE LOOK AT THE CITY OF FT. PIERCE AND AN ELECTED OFFICIAL. MY CONCERN IS THE CITY THE FORT PIERCE AND ANYTHING THAT COMES TOWARD THAT.
I'M GOING TO FOLLOW THE LAW AND HOW I INTERPRET THE LAW BASED ON WHAT I READ AND UNDERSTAND AND WHAT I TALKED TO PEOPLE IN TALLAHASSEE ABOUT WE ARE ALL WRESTLING WITH THIS.
I WANT TO HEAR COMPETENT EVIDENCE.
IF I HAVE QUESTIONS ABOUT THAT ONCE IT'S PRESENTED, I WILL ASK MR. SWEENEY DOES THIS MEET THE LEVEL.
HE REPORTS ME AS A COMMISSION ON THIS DIAS.
I WOULD RESPECT HIS OPINION TO TELL ME THAT IT'S COMPETENT SUBSTANTIAL EVIDENCE THAT WILL TRIGGER ME TO MAYBE LOOK AT THIS A DIFFERENT WAY. THANK YOU.
>> I WOULD LOOK AT IT A DIFFERENT WAY.
I LOOK AT IT AS WHAT I SEE AS COMPETENT.
I'M NOT GOING TO ASK MR. SWEENEY IF HE AGREES WITH IT.
I'M GOING TO SAY WHAT I CONSIDER COMPETENT SUBSTANTIAL EVIDENCE.
I JUST WANT TO, SOMEBODY READ IT TONIGHT BUT I TO WANT READ IT THE CONDITIONAL USE. IS TO,ALLOW WHEN WHEREVER DESIRABLE USES THROUGHOUT A PARTICULAR ZONING DISTRICT.
BUT WHICH IF CONTROLLED AS TO NUMBER AREA LOCATION OR RELATION WOULD NOT ADVERSELY THE PUBLIC HEALTH, SAFETY, GOOD ORDER, APPEARANCE, CONVENIENCE AND THE GENERAL WELFARE.
SO ANY OF THOSE, ALL OF THOSE WERE MENTIONED TONIGHT BY PEOPLE WHO LIVE IN THAT NEIGHBORHOOD. THEY WERE CONCERNED ABOUT SAFETY ON THE STREETS. SAFETY OF OLDER PEOPLE AND CHILDREN ON THE STREETS WITH NO SIDEWALKS.
THEY WERE CONCERNED ABOUT VISITING DOGS.
THEY DO WHAT DOGS DO. WE WERE TALKING ABOUT COMFORT.
GOOD ORDER, APPEARANCE, CONVENIENCE, AND GENERAL WELFARE. WELL THE APPEARANCES VERY CONCERNING BECAUSE THIS IS THE APPEARANCE TO THUMB POINT.
AND WHAT I HEARD TONIGHT IS THE PROPERTY OWNER WOULD BE A WELCOME NEIGHBOR AND I WANTED HER AS A NEIGHBOR.
WHAT THEY DON'T WANT IS A DIFFERENT NEIGHBOR EVERY THREE DAYS. THEY DO NOT WANT A DIFFERENT NEIGHBOR EVERY THREE DAYS. BECAUSE IF YOU GO TO A HOTEL.
YOU ASSUME SOMEBODY ON EITHER SIDE OF YOU IS A STRANGER.
YOU ARE CAREFUL ABOUT HOW YOU LIVE IN A HOTEL OR STAY IN A HOTEL. BUT IN YOUR OWN NEIGHBORHOOD, YOU'RE NOT EXPECTING TO HAVE THE CONSTANT APPEARANCE OF STRANGERS. YES, I THINK THIS PROBABLY MOST PEOPLE WOULD RESPECT THE PROPERTY AND THE NEIGHBORHOOD BUT IT'S NOT MOST PEOPLE THAT WE, YOU ALWAYS HAVE TO CARE ABOUT. WHETHER WE SAY IF THERE'S A PROBLEM, SOMEBODY CAN CALL THE POLICE.
THAT TAKES OUR RESOURCES. IT TAKES A POLICE OFFICER AWAY FROM WHAT A POLICE OFFICER DOES AND USES OUR RESOURCES.
SO, I THINK TO ME, THAT THE SAFETY, THE NO SIDEWALKS, THE INCREASED TRAFFIC, THE CONCERN ABOUT THE LIGHTING AND THE CONCERN ABOUT PEOPLE NOT KNOWING THAT NEIGHBORHOOD, BECAUSE I WALKED THAT NEIGHBORHOOD AND I REMEMBER IN A PREVIOUS HEARING NOT ABOUT SHORT TERM RENTAL BUT THIS HAS BEEN A FEW YEARS BACK.
COMPETENCE SUBSTANTIAL EVIDENCE WAS TWO PEOPLE WHO LIVED IN THE AREA AND WERE CONCERNED ABOUT TURNS LEFT ON U.S. ONE AND WANTED A TRAFFIC LIGHT. THEY TALKED ABOUT HOW HARD IT WAS TO GET ON U.S. ONE AND TURN LEFT.
THAT WAS CONSIDERED COMPETENT SUBSTANTIAL EVIDENCE.
SO, I DISAGREE. I THINK I GET TO INTERPRET IT MYSELF. WHAT I CONSIDER COMPETENT SUBSTANTIAL EVIDENCE AND SO THAT IS MY, THAT'S MY PARTICULAR STANCE TONIGHT. MADAM MAYOR.
[02:45:01]
I DON'T DISAGREE. FOLKS WERE OUT THERE AND TAKEN NOTE WHETHER THEY WALK EVERY DAY OR TAKEN NOTE BECAUSE OF AN APPLICATION IN FRONT OF THEM. THEY WENT OUT AND LOOKED AT THE ROAD CONDITION OR THE WIDTH OF THE ROAD.THAT WOULD BE A CONDITION. THEY TOOK INTO ACCOUNT THE VARIABLES BASED ON BEING THERE. THERE'S NO BETTER PERSON THAN AN EYEWITNESS. EYEWITNESSES TESTIFY EVERY SINGLE DAY IN COURT. THOSE EYEWITNESSES CAME FORWARD TO US TODAY. THEY WOULDN'T BE USED IN AMERICA IF THEY WEREN'T RELEVANT. WE HAD OUR CRA MEETING LAST WEEK
AND I BROUGHT THAT FORWARD >> SOMETIMES WE HAVE TO THINK OUTSIDE WITH THESE TWO HATS ON. WE DO HAVE A COUPLE ROLES AND TO TAKE ACCOUNT WHAT YOU READ. WHAT BOTHERS ME AND WHAT I ASKED MR. SWEENEY. IS THE SIGNAGE.
WE TAKE AND TALK WITH DEVELOPERS APPLICANTS ALL THE TIME.
THERE ARE RULES THAT NOTICE THE POSSIBLE ON WHAT IS HAPPENING.
NOT EVERYONE IS TECHIE. NOT EVERYONE GETS AN E-MAIL OR WATCHING THE NEWS. SOMETIMES IT'S JUST A SIGN THAT NOTIFIES THEM OF WHAT IS HAPPENING.
MR. SWEENEY. IS THERE ANYTHING YOU CAN ADD.
>> YES. PUBLIC HEARINGS ARE REQUIRED TO BE NOTICED ON SEVERAL LEVELS. CHAPTER 125-37 OF OUR CODE.
THE FIRST IS BY NEWSPAPER. THAT IS SOMETHING THE PLANNING DEPARTMENT DOES IN CONJUNCTION WITH THE CITY CLERK.
THE SECOND WAY SUB SECTION B IS NOTICE BY MAIL.
YOU HEARD CONVERSATION SAYING THEY LIVE OUTSIDE THE 500 FOOT RADIUS THEY WOULD HAVE RECEIVED IT.
SO AGAIN THOSE ARE MAILED OUT AND THOSE MAILINGS GO OUT DIRECTLY FROM THE PLANNING DEPARTMENT.
THOSE DO NOT GO OUT THROUGH THE CLERK'S OFFICE.
AS PART OF WHAT IS ASKED AT THE BEGINNING OF THE HEARINGS, YOU HEAR IN OUR OPENING STATEMENTS, MADAM CLERK AS YOU DO MADAM MAYOR, HAVE WE MET THE ADVERTISING REQUIREMENTS.
SHE TALKS ABOUT THAT. THERE'S A THIRD AND FOURTH PART.
WE POST IT ON OUR WEBSITE OF THE ONE SUB SECTION C NOTICE BY SIGNS. AS IT CURRENTLY READ SAYS.
IT'S AFTER AN APPLICATION CAN BE FILLED FOR CONDITIONAL USE, THE APPLICANT SHALL POST SIGNS ON THE PROPERTY CONCERNED AT LEAST FIVE DAYS PRIOR TO THE PLANNING MEETING.
SIGN SHALL BE NO LESS THAN 18 BY 24 INCHES AND IN PROXIMITY TO THE SUBJECT PROPERTY AND IN THE MOST CONSPICUOUS PLACE TO THE PASSING PUBLIC. THERE'S A SEPARATE STATEMENT, THE SIGN SHALL BE POSTED. THIS IS THE NEXT SENTENCE.
SHALL BE POSTED NOT LESS THAN 10 DAYS PRIOR TO THE PUBLIC HEARING. THIS IS ALL DRIVEN BY OUR CODE.
TO EXTENT THAT THERE'S A CHALLENGE TO WHETHER OR NOT, WE HAVE ON THE RECORD, THE CLERK INDICATED OUR PLANNING DEPARTMENT IS BY AFFIDAVIT I BELIEVE IF THAT'S CORRECT.
BY AFFIDAVIT, SAID ALL ADVERTISING REQUIREMENTS HAVE BEEN MET. AND SO, AGAIN, THIS IS ONE OF THOSE TIMES YOU DON'T WANT TO GET INTO WHAT MIGHT HAPPEN LEGALLY. RIGHT NOW, IT'S PRESUMED THAT
ADVERTISING WAS CORRECTLY DONE. >> THANK YOU FOR THAT.
I DON'T DISAGREE. IT WAS BROUGHT FORTH WITH TESTIMONY. SO WHAT IT'S TELLING ME.
LET'S LEARN FROM WHAT IS HAPPENING.
OR WHAT HAS HAPPENED OR THROUGH TESTIMONY THAT AND I'M NOT SAYING IT'S A CONDITION OF TONIGHT BECAUSE OF WHAT YOU JUST SAID. BUT COMMON SENSE TELLS US HAS ALL ADVERTISING REQUIREMENTS BE MET.
THAT HAS TO BE SWORN TESTIMONY BY THE APPLICANT.
WE HAVE PUT THE RESPONSIBILITY ON STAFF TO MAKE SURE THE APPLICANT HAS DONE THEIR DUE DILIGENCE AND THAT'S NOT FAIR.
THAT'S ALL RIGHT. FOR ME, WITH THE WHOLE SIGN THING. LET'S WAVE THAT OFF.
EARLIER TODAY I WAS, THE APPLICANT TO THE PROPERTY MANAGER WAS ASKED ABOUT THE ZONING MAP THAT WAS PRESENTED AS EVIDENCE. I HAVE TO BRING THAT BACK UP ON MY DEVICE HERE. WE WERE TALKING ABOUT THINGS THAT WE HAD DONE AS A COMMISSION.
WHERE HAVE WE APPROVED THESE? AND THAT WAS THE POINT OF THE
[02:50:02]
TESTIMONY. I ASKED ABOUT THE 715 OCEAN DRIVE. WHAT WAS ITS ZONING.THAT'S R 4 A ZONED PROPERTY. THE TESTIMONY CONTRADICTED THAT.
THOSE ARE THINGS I'M TAKING INTO ACCOUNT.
I'M USING MY TOOLS IN FRONT OF ME.
THE TESTIMONY THAT IS COMPETENT EVIDENCE THAT IS PRESENTED THIS IS ALL A TOOL. WE WOULDN'T VOTE ON IT OTHERWISE. I HAVE ISSUE WITH THAT APPLICATION AND THE PROPERTY MANAGER'S PRESENTATION THAT'S HERE TONIGHT. I THINK THERE ARE INCONSISTENCIES AND THINGS WE HAVE TO TAKE INTO CONSIDERATION.
THANK YOU. >> COMMISSIONER PERONA.
>> MADAM MAYOR AND I THANK YOU AND RESPECT YOUR OPINIONS.
I REMEMBER ALSO IT MIGHT BE THE SAME ONE WHERE THE NEIGHBORS CAME OUT TALKING ABOUT DANGEROUS TURNINGS ON U.S. ONE.
THEY ALSO TESTIFIED TO THE ACCIDENTS THAT HAVE HAPPENED THERE OVER A PERIOD OF TIME. AND BECAUSE OF THAT, THAT PATTERN THAT THEY TESTIFIED TO BECAME A FACTUAL ELEMENT THAT WE COULD ACTUALLY SAY THIS WAS COMPETENCE SUBSTANTIAL EVIDENCE AND MOVE FORWARDS THAT. IT WAS REASONABLE TO TAKE THAT INTO CONSIDERATION. WHAT I HEARD TONIGHT ARE PERCEPTIONS ARE FEARS AND EVERYTHING ELSE.
SAME ONES I HAVE. SAME ONES I HAVE.
BUT NOT ONE PERSON TALKED ABOUT ANY ACCIDENT, ANY MISHAP OR ANYTHING ELSE THAT HAPPENED BECAUSE OF THAT.
IT'S A LEAP THAT TAKE THOSE PERCEPTIONS AND MOVE INTO A CONCRETE SUBSTANTIAL EVIDENCE FACTOR.
AND THAT'S WHERE I HAVE THE PROBLEM.
>> I HAVE BEEN STARING AT THIS POINT AND WE'RE TALKING ABOUT SOMETHING WE REALLY NEED TO TRY TO UNDERSTAND AND GET OUR HEADS AROUND AS A COMMISSION. THIS IS A WORD OF AN EXPERT ON A MATTER. IT'S EVIDENCE OFFERED BY AN EXPERT. I DIDN'T NOT HEAR FROM A ROAD EXPERT WITH EXPERT OR SURVEY OR ENGINEER GIVING ME COMPETENCE SUBSTANTIAL EVIDENCE. I DIDN'T HEAR ANYTHING THAT COULD BRING IN HEAT MAPS. AIR BNBS HAVE BEEN AROUND FOR A WHILE. THERE'S A LOT OF DATA THAT COMES WITH THESE THINGS. I'M SURE THERE ARE COMMUNITIES THAT ARE VERY SIMILAR TO THIS THAT DEALT WITH THIS THAT COULD HAVE MAY BE WEIGHED IN FOR AN OPINION AS AN EXPERT TO OFFER ME SOMETHING TO LOOK AT AND JUDGE THIS BY.
WE ALL DO IT. PRECEDENT IS SET EACH AND EVERY DAY IN LAW AND YOU JUDGE BY PRECEDENT THAT SET IN LAW AND YOU WEIGH THAT AGAINST THAT POINT.
AND I'M STRUGGLING WITH THAT RIGHT NOW.
BECAUSE IF I COULD HAVE HEARD FROM FDOT OR TRAFFIC OR SOMEONE MENTIONED TRAFFIC STUDIES OR SOMETHING OF THAT NATURE, THAT WEIGHS HEAVILY FOR ME. THAT'S DATA.
I'M A DATA GUY AND I NEED TO SEE DATA.
I HEARD THE STORIES. I HEARD THE PLEAS.
I UNDERSTAND THAT. BUT CUMULATIVE WHEN YOU HEAR THE DATA, THE DATA SPEAKS FOR ITSELF.
>> WHAT I HEARD WAS DATA ABOUT KISSIMMEE, OSCEOLA COUNTY CHANGED THE WHOLE CHARACTER OF THE NEIGHBORHOOD AND SO THAT WHAT THEY DECIDED TO DO WAS FROM NOW ON, THEY WERE GOING TO HAVE DEDICATED DEVELOPMENTS WITH SHORT TERM RENTALS.
>> I DISAGREE RESPECTIVELY MAYOR.
I HEARD THAT POINT AND PAY HOMAGE BUT DID NOT PRESENT DATA.
HE MENTIONED IT. IT'S FAIR ENOUGH.
THAT DROVE THEM TO MAKE A DECISION AS A COUNCIL.
WE NEED TO LOOK AND SEE WHAT WE'RE GOING TO DO WITH THIS.
THIS IS NOT GOING AWAY. WE NEED TO DECIDE AS A CITY HOW WE'RE GOING TO DEAL WITH THIS. HE GAVE US SUGGESTIONS DOWN THE LINE. THIS IS BEFORE US TODAY AS THE CURRENT LAW IS WRITTEN TODAY. NOW IF LEGISLATURE CHANGES THAT TOMORROW, I WILL MOVE BASED ON WHAT THEY DEFINE AS COMPETENT SUBSTANTIAL EVIDENCE AND AN EXPERT COMING BEFORE ME.
THAT'S WHERE I'M GOING TO STAND ON THIS.
>> I RESPECTFULLY SAY WE'RE LOOKING AT THIS DIFFERENTLY.
WHAT YOU CONSIDER AND I DON'T THINK, I'M NOT GOING TO QUESTION
[02:55:03]
YOURS AND I DON'T THINK YOU SHOULD, YOU SHOULD QUESTION ME.IF I CONSIDER SOMETHING COMPETENT SUBSTANTIAL EVIDENCE, THAT'S MY BUSINESS. I MEAN THAT'S MY PERSPECTIVE.
I THINK AND I BELIEVE THAT THE CITY OF FT. PIERCE SHOULD BE THE MODEL OF THIS ENTIRE PROCESS FOR THE STATE OF FLORIDA.
BACK IN 2001 WHEN THIS WAS PASSED AS CONDITIONAL USE.
I BELIEVE IT'S REPRESENTED TO NEIGHBORHOODS AND SURROUNDING ENVIRONMENTS THAT WAS STATED HERE WHAT YOU READ ABOUT THE CONDITIONAL USE PROCESS AND WHY WE SHOULD EVALUATE ANY PROPERTY UNDER A CONDITIONAL USE. WE HAVE SOMEWHERE IN THE MIDDLE THAT SAYS WE HAVE THESE CONDITIONS WE THINK WE CAN LIVE WITH. THERE'S NOT EVER GOING TO BE DATA COMING OUT OF THE GROUND AS A BRAND-NEW PLANT.
WE HAVEN'T PLANTED IT YET. THIS IS THE FIRST ONE.
WHAT MAKES THE SHORT TERM RENTAL HOSTS EXERTS? THEY ARE NOT ROADWAY DESIGNERSOR LIGHTING EVALUATORS.
IT'S THE EXACT SAME THING. THEY'RE NOT EXPERTS.
THE OTHER SIDE IS NOT EXPERTS OR ENGINEERS.
RIGHT. I WISH WE HAD ENGINEERS GIVING US SUBSTANTIAL DATA. THAT WOULD TAKE US A LONG TIME AND LONGER MEETINGS OF STAFF. I'M STRUGGLING WITH THE FACT, I TAKE INTO ACCOUNT THE EVIDENCE PRESENTED WHETHER IT WAS THE APPLICANT STATING. IT WAS THE PROPERTY MANAGER STATES WHAT THEY BELIEVE AND THEIR PETITION BEFORE THIS COMMUNITY AND THIS COMMISSION. JUST LIKE THE RESIDENTS ARE PETITIONING IN ONE WAY. NOT ALL RESIDENTS ARE AGAINST EITHER. I JUST TAKE BOTH OF THOSE SIDES INTO ACCOUNT THE BEST WAY POSSIBLE HERE ON THE SCREEN.
THANK YOU. >> SO, IF SOMEBODY WANTS TO MAKE A MOTION. IT APPEARS WE ARE GOING TO BE EXACTLY WHERE WE WERE A MONTH AGO.
AND SO, WE CAN -- MADAM MAYOR. WE CAN STAY HERE ALL NIGHT.
>> I CALL THE QUESTION. >> YOU KNOW, I ACTUALLY, ALL THE THOUGHTS THAT I HAD IN MY HEAD TOO, I ACTUALLY WENT THROUGH AND YOU KNOW WHEN YOU GO THROUGH TECHNICAL REVIEW.
THE FIRE DISTRICT. THE SCHOOL BOARD, STAFF, EVERYBODY ELSE HAVE AN OPPORTUNITY TO BE ABLE TO SAY SOMETHING BASED ON THEIR PROFESSIONALISM AND THEIR EXPERIENCE TO SAY, HEY, WAIT A MINUTE, SO, WE KEEP GOING LONGER AND LONGER OUT ON THIS BEAM. AND IT'S VERY DIFFICULT TO BE ABLE TO DO. OBVIOUSLY, I LOOK AT THE BURDEN A LITTLE DIFFERENT. IT'S NOT JUST THE NEIGHBORHOOD AT STAKE. IT'S THE PROPERTY OWNER.
THEY BOUGHT PROPERTY WITHIN THE CITY OF FORT PIERCE AND THIS IS A CONDITIONAL USE ALLOWABLE IN OUR COMMUNITY.
IT'S ALLOWABLE. WE'RE FINDING OUT IT TAKES THIS EVIDENCE TO DENY IT. THAT'S IN MY MIND WHAT MY ATTORNEY HAS TOLD ME TO DO. THE WAY I LOOK AT IT.
THE CITY OF FORT PIERCE LOOKED AT.
THE COUNTY LOOKED AT IT. EVERYBODY LOOKED AT IT AND NOBODY THAT CAN OFFER THAT LEVEL OF EVIDENCE THAT CAN DIRECT ME
TO A DENIAL DECISION. >> YOU KNOW WHY THAT IS.
BECAUSE THEY'RE ALL DEALING WITH WHAT IS AND NOT WHAT WOULD BE PERFECT. IF THEY -- IF YOU LOOK AT THE TRC REVIEWS. I TALKED TO THE FIRE MARSHALL AND PORT ST. LUCIE COUNTY ROADS. THE ROADS WOULD BE WIDER.
THE FIRE DISTRICT COULD HAVE A COMMENT.
WHAT THEY TELL ME IS MOST OF THE TRC COMMENTS ARE WE'RE DEALING WITH WHAT IS NOT WHAT WOULD BE IDEAL AND WHAT WOULD BE SAFE.
WE'RE DEALING WITH WHAT IS. SO, THE TRC COMMENTS ONLY HAVE LIMITED EFFECTIVENESS IN MY OPINION.
THEY DON'T GO TO TELLING SOMEBODY WHAT WOULD BE THE PERFECT ROAD OR WHAT WOULD BE THE PERFECT WIDTH.
[03:00:07]
BUT, AND SO, I THINK THAT I HEAR WHAT WHAT YOU'RE SAYING AND DO NOT THINK. I THINK THAT HAS LIMITED VALUE AND OUR TASK FORCE NEEDS TO LOOK AT THAT PROCESS AS WELL AS THE TRC REVIEW BECAUSE TO WHAT EXTENT DO THEY TAKE INTO SHORT TERM RENTALS ARE NEW. SO THEY'RE LOOKING AT IT NOT AS A SHORT TERM RENTAL. THEY'RE LOOKING AT IT AS A FACT, THE HOUSE AND THE ROAD LIKE IT IS RIGHT NOW.>> THE TECHNICAL REVIEW HAD AN OPPORTUNITY TO BE ABLE TO
>> IT IS THEIR FOR A CONDITIONAL USE.
THE CONDITIONAL USE IS IDENTIFIED AND THEY HAD AN OPPORTUNITY TO BE ABLE TO SAY, YOU KNOW, HERE'S AN AREA THAT GIVES US CONCERN. TO GET THESE WHERE AS YOU SAY, WE MAY HAVE TO GO THROUGH THAT PROCESS A LITTLE BIT DIFFERENTLY TO GET A BETTER PRODUCT. I'M SAYING I LOOK EVEN THROUGH THAT FORMAT THAT WOULD INDICATE SOME FORM OF EVIDENCE THAT SAYS THIS IS A SAFETY AND WELL BEING ASPECT OF IT.
THAT COULD, WE COULD DENY IT. SO I GO BACK TO THE THEME.
I WALKED IN HERE TODAY, I TALKED TO A LOT OF NEIGHBORS, PHONE, SOME OF YOU CALLED ME THREE TIMES MR. CRITTENTON.
I HEARD ALL THAT. I KNOW THE NEIGHBORHOOD VERY WELL. BUT AT THE END OF THE DAY, I HAVE A PROPERTY OWNER AND I HAVE CONCERNED NEIGHBORS.
AT THE END OF THE DAY, THIS IS THE QUASI JUDICIAL HEARING FORMAT IS EXACTLY WHAT ALL I HAVE TO GO BY.
>> SO WHAT YOU ALSO HAVE IS AN OUTSIDE INVESTOR.
WHO BOUGHT PROPERTY, AND APPARENTLY BOUGHT IT FROM THAT
REASON. >> IF I COULD COUNT THAT AS SUBSTANTIAL COMPETENT EVIDENCE. THAT WOULD BE A BIG THING.
TO ME THAT DOESN'T MEAN ANYTHING.
>> MADAM MAYOR. WE HAVE TO INVOKE THE ROBERT RULES. I CALL THE QUESTION AND AS A RESULT, I MOVE THAT WE APPROVE CONDITION USE OF FOR THIS APPLICATION FOR NO NEW CONSTRUCTION FOR SUSAN BAKER.
>> CALL THE ROLE. >> FOR A POINT OF CLARIFICATION TO APPROVE WITH CONDITIONS.
>> COMMISSIONER >> YES, MA'AM.
>> -- NO, MA'AM, MAYOR HUDSON. NO, MA'AM.
MADAM MAYOR. I MOVE WE TABLE THIS DISCUSSION 30 DAYS OUT FROM NOW TO NEXT COMMISSION MEETING.
>> MADAM MAYOR. THE MOTION AS LONG AS THERE'S NO OBJECTION. YOU MAY TAKE UP THE MOTION.
YOU HAVE THE OPPORTUNITY TO MOVE FORWARD HOWEVER YOU CHOOSE.
>> IS THERE A SECOND. >> LET ME BE CLEAR ON SOMETHING.
THE NEXT COMMISSION MEETING IS REGULAR BODY COMMISSION IS WHEN?
>> IT'S MAY THIRD. >> ROUGHLY TWO WEEKS.
>> 15 DAYS. I AMEND MY MOTION AND CONTINUE ON FOR ADDITIONAL 15 DAYS, UNTIL THE NEXT COMMISSION MEETING.
YES, MA'AM. >> IS THAT WHAT YOU UNDERSTOOD?
>> I DIDN'T SECOND. >> I JUST MADE IT.
IS THERE ANY DISCUSSION? >> READY IT CALL THE
COMMISSIONER PERONA. >> YES, MA'AM.
YES, MA'AM. >> THIS IS TABLED FOR 15 DAYS AND WILL COME BACK MAY THIRD MEETING.
[d. Quasi-Judicial Hearing for a Conditional Use Approval with no new construction located at 1801 Plover Avenue submitted by the property owner, J&J PSL Investments, LLC and the applicant, Michelle Longarzo for Conditional Use Approval to operate a Vacation Rental with a rental period of 30 days or less. The property is located at 1801 Plover Avenue and is zoned Single-Family Intermediate density zone (R-2). PCN:2401-501-0042-000-5.]
ALL RIGHT. THE NEXT ITEM IS ANOTHER QUASI JUDICIAL HEARING AT 1801 CLOVER AVENUE, SUBMITTED BY THE PROPERTY OWNER J. & J PSL INVESTMENTS LLC AND THE[03:05:02]
APPLICANT MICHELE LONGARZO TO RENT THE PROPERTY AT 30 DAYS OR OR LESS. ZONED SINGLE FAMILY INTERMEDIATEARE WE, IS THERE AN INTERVENER OR NOT?
>> MADAM MAYOR. THERE'S NOT AN INTERVENER.
HOWEVER I THINK IT WOULD BE APPROPRIATE SINCE WE HAVE BEEN GOING FOR THREE HOURS NOW. TO REREAD JUST THE INSTRUCTIONS
IF THAT WOULD BE APPROPRIATE. >> THAT WOULD BE GREAT.
>> LADIES AND GENTLEMEN, COULD YOU TAKE YOUR CONVERSATIONS IN THE HALL? CAPTIONING PAUSED
>> CAN YOU SWEAR IN THE WITNESSES.
WOULD ANYBODY WISHING TO SPEAK STAND AND RAISE YOUR RIGHT HAND? IF YOU'RE IN THE LOBBY, YOU CAN STAY IN THE LOBBY AND BE SWORN
IN. >> DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH.
>> CITY STAFF. PLEASE MAKE YOUR PERSONALITY
>> IN LIGHT OF EVERYTHING, I WOULD BE, REMISS IF I DIDN'T SUGGEST THAT WE ASK IF YOU APPLICANT, THERE ARE NO INTERVENERS, IF THE APPLICANT WOULD LIKE TO CONTINUE THE
HEARING OR MOVE >> I THINK THAT WOULD BE
APPROPRIATE. >> IS THE APPLICANT IN THE ROOM?
>> JUST SIMPLE YES OR NO AS I ASKED BEFORE.
>> YES OR NO. WOULD YOU LIKE A CONTINUANCE?
>> PLEASE. >> MICHELE LON GARZA, 715 OCEAN
DRIVE. >> IT WAS WHETHER OR NOT THE APPLICANT WOULD ENTERTAIN A CONTINUANCE.
>> ARE YOU INTERESTED >> THANK YOU.
>> PROCEED. THANK YOU MR. SWEENEY.
>> MADAM MAYORS, MEMBERS OF COMMISSION OF BEFORE YOU TONIGHT IS OUR SECOND CONDITIONAL USE APPROVAL.
FOR THIS ONE IS AND THE ONE FOLLOWING, I HAVE REBECCA GUERRA UP HERE WITH ME. SHE HAS BEEN PARTICIPATING IN THE TASK FORCE FOR THE VACATION RENTALS AND I THOUGHT IT WOULD BE WISE TO HAVE HER UP HERE WITH US.
SO THE SUBJECT PROPERTY IS LOCATED AT 1801 CLOVER DRIVE.
THE FUTURE LAND USE AND ZONING ARE CONSISTENT.
THAT BEING LOW DENSITY RESIDENTIAL AND SINGLE FAMILY INTERMEDIATE DENSITY WHICH IS R 2.
AS STATED PREVIOUSLY, AND THROUGHOUT THIS PROCESS OF SHORT TERM VACATION RENTALS. THE CITY ESTABLISHED AN ORDINANCE IN 2001 WHICH ESTABLISHED CONDITIONAL USES IN CERTAINLY ZONING DISTRICTS AND ALLOWED FOR CONTINUES OF APPROVAL TO BE ADDED WHEN DESIRABLE THAT WOULD NOT BE APPROPRIATE GENERALLY OR WITHOUT RESTR RESTRICTIONS, AREA, LOCATION OR RELATIONSHIP TO THE NUMBER WOULD NOT ADVERSELY AFFECT THE GOOD ORDER, APPEARANCE AND GENERAL WELFARE. SUBJECT PROPERTY HAS NO CODE
[03:10:03]
ENFORCEMENT OR POLICE DEPARTMENT VIOLATIONS.ADDITIONALLY, THE STATE LEGISLATION PREEMPTED LOCAL GOVERNMENTS BACK IN 2011 WITH REGARD TO VACATION RENTALS.
HOWEVER LOCAL LAW REGULATION MAY NOT PROHIBIT RENTALS OR FREQUENCY OF VACATION RENTALS. STAFF RECOMMENDATION IS APPROVAL SUBJECT TO THE FIVE STANDARD CONDITIONS.
THE PROPERTY MANAGER SHOULD BE AVAILABLE AT ALL TIMES AND RESIDE IN ST. LUCIE COUNTIES. GUIDE BOOKS WOULD BE PROVIDED TO RENTERS WITH ALL THE LOCAL RULES AND RESOURCES.
THE APPLICANT CAN OBTAIN A ST. LUCIE BUSINESS TAX LICENSE WITHIN 30 DAYS OF GETTING A LICENSE IN THE STATE.
THE LIMITATION TO TWO VEHICLES PER UNIT AND THE LICENSE FROM THE CITY SHALL BE INCLUDED ON ALL ADVERTISEMENTS.
PLANNING BOARD DID REVIEW THIS APPLICATION LAST MONTH ON MARCH EIGHTH AND RECOMMENDED APPROVAL OF THIS SUBJECT APPLICATION.
POSSIBLE ACTIONS WOULD BE TO APPROVE, SUBJECT TO THE FIVE STANDARD CONDITIONS, APPROVE WITH CHANGES TO THOSE CHANGES OR DISAPPROVE. I'M HERE TO ANSWER ANY
QUESTIONS. >> I HAVE A QUESTION.
THE VEHICLES, DOES THAT INCLUDE A BOAT TRAILER?
>> MADAM MAYOR, YES IT DOES. WE HAVE A DEFINITION OF VEHICLES IN OUR CODE OF ORDINANCES AND SPECIFICALLY STATES THAT BOATS AND TRAILERS ARE INCLUDED IN THAT DEFINITION.
>> SO IF YOU HAD A TRUCK PULLING A TRAILER IS THAT TWO VEHICLES?
>> YES IT IS. SO THAT'S THE ONLY VEHICLES.
>> IF WE ARE LIMITING IT TO TWO VEHICLES PER SITE.
>> THAT'S WHAT YOU'RE RECOMMENDING IN YOUR RECOMMENDATION. YOUR CONDITIONS.
>> YES. RIGHT AND THIS WAS SOMETHING THAT WAS IMPOSED THAT WAS BROUGHT FORWARD AND ASKED TO BE PUT AS ONE OF THE STANDARD CONDITIONS BY THIS BODY.
AND REFRESH MY MEMORY, DO WE LIMIT THE NUMBER OF PEOPLE?
>> WE DID NOT LIMIT OF NUMBER OF PEOPLE.
THAT WOULD BE SOMETHING THAT WOULD FALL UNDER THE BUILDING DEPARTMENT WHETHER IT COMES TO SIZE OF ROOMS THAT QUALIFIES AS
A RESIDENCE. >> ANY OTHER QUESTIONS OF STAFF?
>> JUST REFRESH MY MEMORY. WHAT IS THE SIZE LIMIT ON THIS CONDITION, IS THAT PART OF THE APPLICATION.
>> THE NUMBER OF ROOMS. >> WE DO NOT REGULATE THAT.
ANY OTHER QUESTIONS OF STAFF? ALL RIGHT.
IT'S NOW TIME FOR THE APPLICANT TO COME FORWARD PLEASE.
>> I DO. >> SHOULD I SAY MY NAME AGAIN OR
I'M >> PLEASE SAY YOUR NAME FOR THE
MICHELE LONGARZO, 715 SOUTH OCEAN DRIVE, UNIT D.
HUTCHINSON, FLORIDA MS. HOFMEISTER.
I WOULD LIKE TO KNOW IF YOU HAVE ANY REPORTS OF COMPETENCE OF SUBSTANTIAL EVIDENCE THAT WOULD PREVENT THIS FROM THE FIRE
DEPARTMENT, DOT, >> NO , I DO NOT.
>> AND JUST TO CONFIRM AGAIN, YOU ARE APPROVING THIS TO GO
FORWARD? >> YES STAFF HAS RECOMMENDED APPROVAL. THANK YOU SO MUCH.
>> WOULD YOU LIKE TO STAY HERE? >> YOU CAN BE EXCUSED.
JEN, BEFORE YOU GO. CAN YOU PULL UP THE SUBMITTED INFORMATION? YOU SUBMITTED STUFF.
>> YES, MA'AM. IF YOU WILL WAIT UNTIL WE GET THE TIMER AND GET THE RIGHT STUFF.
IS THE APPLICANT PRESENTATION. GIVE HER THE CLICKER THERE.
[03:15:28]
DO I NEED TO STATE MY NAME AGAIN?>> NO. YOUR 20 MINUTES WILL BEGIN WHEN
GOOD EVENING. WE'RE HERE FOR JONATHAN JOSEPH 1801 PULVER AVENUE. WE HAVE A PRESENTATION TO GO THROUGH. SOME OF IT WE HAVE SEEN.
HOWEVER, BEING THIS IS QUASI JUDICIAL, WE HAVE TO GO THROUGH IT AGAIN. MR. JOSEPH OBVIOUSLY HAS NOT WAIVED QUASI JUDICIAL. WHAT DOES THAT MEAN? HYPOTHETICAL, SPECULATIVE FEAR OR EMOTIONAL-BASED STATEMENT THAT CANNOT BE REASONABLE SUPPORTED THE ACTION BE NOT COMPETENT SUBSTANTIAL EVIDENCE. MR. JONATHAN JOSEPH HAS RETAINED JEFF COLLINS FROM FIRE PROTECTION AND SAFETY SOLUTIONS.
MR. COLLINS WENT THROUGH THE ENTIRE PROPERTY INSIDE AND OUT.
INSPECTED IT FOR SAFETY AND IT CAME THROUGH WITH THE FINDINGS THAT AFTER CONDUCTING THE INSPECTION OF YOUR RESIDENCE, IT'S MY PROFESSIONAL OPINION THAT YOUR HOME IS IN COMPLIANCE WITH THE FFPC AS IT RELATES TO FIRE PROTECTION AND LIFE SAFETY.
FOR AN EXISTING SINGLE FAMILY DWELLING.
ADDITIONALLY, I BELIEVE IT'S IMPORTANT TO NOTE YOUR HOME EXCEEDS THE MINIMUM REQUIREMENTS FOUND IN THE FFPC SPECIFICALLY RELATING TO THE EXEMPTION OF CARBON MONOXIDE DEVICES.
HOWEVER, YOU HAVE CHOSEN TO INSTALL IN THE LIVING AREAS THEREFORE EXCEEDS THE FIRE CODE. SO MR. JOSEPH HAS GONE ABOVE AND BEYOND MOST OF US. DID PROVIDE THE SERVICES TO OUR CLIENTS. WE INVEST A LOT OF MONEY IN THE AREA. AND MR. JOSEPH IS ALSO INVESTED QUITE A BIT OF MONEY AND IT TAKES WEAR AND TEAR, THEREFORE HE ALSO DOES NOT HAVE A HIGH CHANGE OVER RATE THAT WOULD BE CONSISTENT AS A HOTEL. IT WAS MENTIONED THEY ARE CONCERNED ABOUT VISITING ANIMALS.
IT DOES NOT REQUIRE REGISTRATION.
THAT WILL ONLY BE FOR SIX MONTHS AND ONE DAY.
COMMISSIONERS WERE CONCERNED ABOUT THE TYPES OF VISITORS THAT WOULD COME, BY THE DATA AND THE DEMOGRAPHICS WE SEE IT'S FAMILIES AND COUPLES AND SOME PEOPLE COME BY THEMSELVES WITH A GROUP OF FRIENDS. YOU KNOW SURF SIDE IS DIFFERENT.
LOOK AT THE CONDITIONAL USE AROUND SURF SIDE, THERE'S APRIL 20TH CONDITIONAL USE PERMITS AROUND SUFFER SIDE.
POLVER IS NO DIFFERENT. MR. JOSEPH SHOULD BE TREATED THE SAME AS ALL PERMITS THAT HAVE GONE FORWARD.
YOU CAN LOOK AT DATA FROM THE FLORIDA LEAGUE OF CITIES AND THE FLORIDA DVPR SAINT LUCIE COUNTY. AS YOU'RE AWARE, YOU CAN SEE BY, THE COMMISSIONERS WERE CONCERNED WITH ACTIVITIES GUESTS WOULD WANT TO DO WHILE THEY VISIT PORT FIERCE.
WE DISCUSSED PREVIOUSLY THAT PEOPLE WANT TO RELAX.
UNWIND. VISIT WITH FAMILY AND FRIENDS AND OF COURSE WE HAVE A BEAUTIFUL BEACH AND PEOPLE NATURALLY FLOCK TO THE BEACH. AS YOU CAN SEE WITH THE VISITOR CHART WHICH COMES FROM SAINT LUCIE COUNTY.
THE BIGGEST THING THAT HE WANT TO DO IS RELAX AND UNWIND.
IT DOESN'T SAY PARTY AND ALSO IT'S YOU KNOW VISITING WITH FRIENDS AND FAMILY THE BEACH RESTAURANTS ATTRACTIONS, FAMILY VACATIONS, GALLERIES, MUSEUMS. SPORTING ESHG -- EVENTS.
[03:20:06]
THE COMMISSIONERS WERE CONCERNS THEY DO NOT GET TAXES FROM THE RENTALS. AGAIN WE WILL REITERATE.IT'S A SEVEN-ONE SPLIT. A LOT OF DIRECT SPENDING COMES INTO OUR IMPACTED AREA. FORTUNATELY, WE'RE ABLE TO PROVIDE. A LOT OF RESTAURANTS AND REALLY INTERESTING THINGS TO DO. HORSEBACK RIDING ON THE BEACH.
SALTIES WATER SPORTS. THERE'S A LOT BIT OF SOMETHING FOR EVERYBODY. FISHING.
ACCORDING TO CITY AND ZONING AND THE TABLE, THIS IS NOT RUNNING A HOTEL. THIS IS NOT ZONED TO BE ABLE TO RUN A HOTEL. IT IS ZONED TO BE A DWELLING RENTAL. IN A RESIDENTIAL NEIGHBORHOOD.
HERE IS YOUR CHART. AS YOU GUYS ARE AWARE, MR. JOSEPH IS ZONED RESIDENTIAL. AS WE HAVE DISCUSSED PREVIOUSLY, YOU CANNOT BY LAW CONSIDER HIM ANY OTHER THAN THAT.
ACCORDING TO THE ATTORNEY GENERAL.
SO, THE COMMISSIONERS WERE CONCERNED ABOUT SHORT TERM RENTERS MAKING NOISE. YOU HAVE A NOISE ORDINANCE.
I KNOW MR. JOSEPH IS ADAMANT ABOUT HIS HOUSE RULES AND LISTS EVERYTHING APPLICABLE WHEN IT COMES TO THESE THINGS.
THE COMMISSIONERS WERE CONCERNED ABOUT SHORT TERM RENTERS WITH TRASH. WE GET TRASH PICK UP TWICE A WEEK. MR. JOSEPH ALONG WITH HIS COMANAGER, LUCY JENKINS DOES AS AN OUTSTANDING JOB KEEPING THIS PRISTINE. THERE ARE SEVERAL OPTIONS ON THIS. THE PROPERTY MANAGER CONTACT THEM. YOU CAN CONTACT THROUGH SEE CLICK FIX. YOU KNOW SO THERE'S OTHER OPTIONS IF THERE'S A LAW BREAKING SITUATION, OF COURSE THE POLICE DEPARTMENT, IF YOU LOOK AT WHAT THE ATTORNEY GENERAL HAS RULED, ZONING MAY NOT AND I WANT TO REITERATE THIS BECAUSE IT JUST CAME UP IN THE LAST ONE, ZONING MAY NOT BE USED TO PROHIBIT VACATION RENTALS. WE CAN CANNOT APPLY WHEN WE FEEL AND WHAT WE THINK TO THIS PROPERTY.
IT IS ZONED R 2 FOR THE ATTORNEY GENERAL
>> AGO 2014-09 WRITTEN ON NOVEMBER 13, 2014.
AND AS YOU CAN SEE, HIGHLIGHTED IN RED, IT SAYS THAT ZONING MAY NOT BE USED TO PROHIBIT VACATION RENTALS IN A PARTICULAR AREA WHERE RESIDENTIAL USE IS OTHERWISE ALLOWED.
IT'S PRETTY SPECIFIC BLACK WHEN WHITE.
THERE'S NO GRAY INTERPRETATION ON THIS.
LOOK AT WHAT THE FLORIDA COURTS RULED.
THE USE NOT THE FREQUENCY. THE TRIAL COURT AGREED AND DISMISSED THE COMPLAINT THAT THE COURT CAN'TED THE CRITICAL INJURY IS NOT DURING THE TENACY BUT THE CHARACTER OF THE USE.
WE CANNOT STOP THIS BECAUSE IT'S IN A RESIDENTIAL AREA NO MORE THAT KNOW WE STOP PEOPLE BAKING WITHOUT PERMITS AND THUMB POINT AND DOING ALL THESE OTHER THINGS.
YOU CAN'T STOP THIS. LOOK AT THE STEPS IN REVIEWS THE APPLICANT HAS GONE THROUGH TO GET THE CONDITIONAL USE PERMIT.
EVERY SINGLE PERSON INCLUDING MYSELF HAS JUMPED THROUGH FIRE HOOPS. THISES A BETTER LAYOUT OF THE PROCESS THAN WHAT IS ON THE CITY WEBSITE.
I MEAN YOU GO THROUGH TRC, OKAY. YOU DO A PREAPP.
IT STARTS WITH PREAPP. YOU PAY $300 TO DO A PRE-APP THEN YOU DEAL WITH TRC AND PUT IN YOUR APPLICATION, THAT'S ANOTHER HUNDRED DOLLARS AND THEN YOU PAY OUT FOR THE LETTERS AND SIGNAGE THAT GOES OUT. WE PAY THAT.
OKAY. IT IS REVIEWED BY THE ENGINEERING DEPARTMENT, CODE ENFORCEMENT, BUILDING DEPARTMENT, ST. LUCIE FIRE DEPARTMENT.
THE MOST IMPORTANT THAN THAT TESTIFIED SHE APPROVED IT AND THE CITY COMMISSION QUASI JUDICIAL HEARING WE ARE HERE TODAY. WRITTEN NOTICES GOING TO THE HOMEOWNERS WITHIN 500 FEET. IT GETS PUT INTO THE NEWSPAPER.
[03:25:05]
SIGNED YARDS ARE PUT OUT BY THE PLANNING DEPARTMENT.THEY ACTUALLY DELIVER THOSE SIGNS AND ALL THE PERMITS I HAVE DONE INCLUDING MY OWN. THEY BRING IT OUT AND TAKE IT BACK WHEN IT'S DONE. AS FAR AS ANIMAL CONTROL, NOISE, TRASH SERVICES, CODE ENFORCEMENT, WE ALREADY DISCUSSED THESE THINGS AND IN THE EVENT THIS WAS AN ISSUE, WE WOULD HAVE A REPORT AND THE PLANNING BOARD WOULD SAY THIS IS NOT OKAY WHICH IS NOT THE CASE. MR. JOSEPH AGREES TO REGISTERING THE PROPERTY MANAGER, THE GUIDE BOOKLETS.
ALL THESE LICENSING THINGS. ONCE WE GET THE PERMIT, IT'S NOT OVER. OKAY.
WE HAVE TO GO FILE WITH THE DVPR, OKAY.
THEN WE HAVE TO GO AND THEN WE HAVE TO FILE WITH SAINT LUCIE.
TO GET A BTR AND FILE WITH SAINT LUCIE TO GET A BED TAX NUMBER TO FINALLY COME TO MS. COX WITH AN APPLICATION FOR FORT PIERCE BTR AND PROVIDE ALL OF THOSE THING ARE IN IN ORDER BEFORE MRS. COX WILL ENTERTAIN ISSUING THE FINAL STEP WHICH IS THE FORT PIERCE BTR. LOOK AT ALL THESE THINGS.
YOU'RE TALKING ABOUT $1,100 BETWEEN PAYING SIGNS, FEES, LETTERS, PRE-APP WHICH IS REQUIRED.
LET'S ASK WHAT THE CITY IS DOING.
THE CITY HAS ALL OF THESE PEOPLE REVIEWING THIS.
IT'S COSTING ANYWHERE BETWEEN EIGHT AND $10,000 PER APPLICATION JUST TO PROCESS THIS.
OKAY. SO, IT'S VERY FRUSTRATING FROM OUR PERSPECTIVE. BECAUSE HERE WE ARE DOING WHAT WE HAVE TO DO BY THE LAW BY YOUR ORDINANCES, WE'RE FILING THE CONTINUAL USE PERMIT AND EACH AFTER WE GET THROUGH THE CONDITIONAL USE PERMIT. I HAD CLIENTS THAT HAVE TO TERM AROUND AND FILE AN ACTUAL PERMIT TO COMPLETE THE TASK, WHICH IS ANOTHER ISSUE. OKAY.
SO, AGAIN, MR. JONATHAN JOSEPH HAS PROPERTY RIGHTS.
HE HAS THE RIGHT TO DUE PROCESS AS WE HAVE HERE TONIGHT.
HE HAS THE RIGHT TO EXCLUDE PEOPLE FROM HIS PROPERTY AND I KNOW HIM PERMANENTLY AND IF THERE'S AN ISSUE, WE EXCLUDE PEOPLE FROM THE PROPERTY. HE HAS THE RIGHT TO ENJOY HIS PROPERTY. THE RIGHT TO ACQUIRE POSSESS AND PROTECT HIS PROPERTY. OKAY.
I MEAN HE IS THE RIGHT TO COMPENSATION ON HIS PROPERTY AND INTERFERENCE WITH THE CITY IF YOU GUYS DO NOT FOLLOW YOUR OATH, AND APPROVE THIS TODAY, YOU ARE GOING TO BE INTERFERING WITH HIS ABILITY TO MAKE MONEY ON HIS PROPERTY WHICH IS HIS RIGHT. OKAY.
AND THEN YOU'RE GOING TO HAVE AN ISSUE WHERE HE HAS THE RIGHT TO RELIEF. I DON'T EVEN WANT TO BRING UP THE U.S. SUPREME COURT HEEL VERSUS HINKLE.
WE TALKED ABOUT THIS BEFORE. THE U.S. IS INCORPORATED.
SO IS THE STATE OF FLORIDA. YOUR ORDINANCES ARE NOT LAWS.
THEY ARE CORPORATE BY LAWS AND JUST LIKE A REGULAR CORPORATION WHETHER IT BE EBAY, YOU STILL HAVE TO FOLLOW CORPORATE BY LAWS.
[03:30:44]
S >> YOU HAVE TO HAVE A CERTAIN AMOUNT OF FIVE-STAR REVIEWS AND SO IT'S FIVE STARS AT THE TOP IN ORDER FOR THEM TO BE A SUPER HOST AND THE SAME THING WITH BRBO, HE HAS A PREMIERE PARTNER AND THE SAME HOOPS HAVE TO BE JUMPED THROUGH. YOU HAVE TO BE IN COMPLIANCE AND TAKE CARE OF YOUR CLIENTS AND MAKE SURE THEY'RE HAPPY AND, IN TURN, THEY SEND A REVIEW. WE CAN ALSO REVIEW OUR CLIENTS AND IF YOU DON'T LIKE A CLIENT FOR WHATEVER REASON THE WAY THEY TREATED YOUR PROPERTY, MANNER MANNERISMS, YOU PUT A REVIEW ON THEM, AS WELL, SO PEOPLE LIKE US CAN LOOK AT THE REVIEWS AND SAY, THE PREVIOUS PERSON HAD A PROBLEM AND MAYBE WE SHOULD LOOK AT THAT BETTER OR INTERVIEW THAT PERSON FURTHER.
AND SO, THERE ARE CHECKS AND BALANCES IN THE AIRBNB AND, YOU OLYMPIAN, WE'RE SITTING HERE TALKING ABOUT SIDEWALKS.
IF THAT WAS SO IMPORTANT, HOW COME THE CHARTER DIDN'T ADDRESS THIS? HE HAS JURISDICTION OVER RESIDENTIAL AND NO JURISDICTION AND NO JURISDICTION ON ANY OF THIS STUFF. SERIOUSLY, WE HAVE TO STICK TO THE WALL. YOU ALL TOOK AN ONLY AND THANK YOU FOR SERVING AND I KNOW THIS IS VERY DIFFICULT.
HOWEVER, WE MUST STICK TO THE RULES AT HAND.
THESE PEOPLE ARE ENTITLED TO DUE PROCESS AND IN THE FAVOR BECAUSE THAT'S WHAT THE LAW STATES. AND SO, AGAIN, IF YOU'RE INTERESTED IN DOING TOURISM AND ALL OF THESE THINGS TO SUPPORT YOUR CITY, WE HAVE TO MAKE SURE THAT THE PEOPLE THAT DO RESIDE HERE, THE FAMILIES, THE CHEFS AND THE PEOPLE THAT ARE, YOU KNOW, TRAILING THESE HORSES AND ALL OF THESE THINGS, THAT WE ARE SUPPORTING THEIR FAMILIES AND HOW DO WE DO THAT? I KNOW WHAT I DO. I HAVE ALL OF THEIR NUMBERS IN MY CELL PHONE. WHEN I HAVE A CLIENT, MAY HEYI HAVE A CLIENT AND I NEED SIX HORSES ON THIS DAY AT THIS TIME OR JOHN OVER AT TELTYS, THIS, THAT AND THE OTHER.
THIS IS OUR OBLIGATION AS RESIDENTS TO MAKE SURE THAT WE ARE SUPPORTING OUR LOCAL AREA. I GO OUT TO EAT AND I MAKE SURE THAT I SPEND MY MONEY HERE BECAUSE THIS IS WHERE I RESIDE AND CHOOSE TO BE. AND I THINK IT'S REALLY AWFUL THAT THESE PEOPLE ARE HAVING TO JUMP THROUGH ALL OF THESE HOOPS.
THIS PROCESS IS UNBELIEVABLY LONG AND IT DOESN'T HAVE TO BE.
YOU GO TO ST. LUCY, YOU JUST GO IN AND DONE.
YOU'RE RENTING THE NEXT DAY. DO YOU KNOW HOW MUCH MONEY THEY'RE LOSING? I MEAN, HOW IS THIS FAIR? WITH THAT SAID, YOU HAVE THE ABILITY TO FOLLOW THE ACTUAL RULES SET FORTH BY THE ATTORNEY GENERAL, THAT HAVE BEEN SET FORTHWITH THE BINDING INTERPRETATION.
[03:35:06]
I HAVE LITERALLY MADE MYSELF AVAILABLE TO THE PEOPLE OPPOSED AND PEOPLE THAT ARE FOR AND SPENT A LOT OF TIME AND ENERGY SUPPORTING OUR COMMUNITY. MR. JOSEPH IS ENTITLED RIGHT NOW TODAY, TONIGHT TO WALK OUT HERE WITH APPROVAL.THANK YOU. >> ARE YOU THE PROPERTY MANAGER FOR THIS? AND SO, EARLIER IN YOUR PRESENTATION, YOU SAID ST. LUCY WAS LAGGING BEHIND OR WHAT WERE YOU TALKING ABOUT? YOU HAD A MAP UP THERE AND YOU SAID SHORT-TERM SAID ST. LUCY.
>> WHICH ONE WOULD YOU LIKE ME TO GO BACK TO?
KEEP GOING. >> TELL ME WHEN TO STOP.
>> ST. LUCY IS WELL BELOW THE AVERAGE OF WHAT.
WHAT DOES THAT EVEN MEAN. >> RIGHT HERE, THE RATIO OF SHORT-TERM RENTALS TO OTHER HOUSEHOLDS.
>> THAT'S WHAT I DIDN'T UNDERSTAND.
ANY OTHER QUESTIONS OF THE APPLICANT?
>> QUESTIONS OF THE APPLICANT. YES, SIR.
>> SO, MISS LONGARZO, YOU TALKED ABOUT THE TRC AND YOU DON'T DISAGREE AND THE PROCESS IS CHALLENGING SOMETIMES.
>> YES. >> YOU TALK ABOUT THE FIRE DISTRICT AND THEY'VE MENTIONED TO YOU THEY HAVE TO JURISDICTION. BUT THAT'S A PART OF THE TRC PROCESS. HERE IS MY QUESTION.
DO YOU KNOW IF THEIR TRC IS ASKED TO THE DESIRED CONDITIONS RELATIVE OR AS IT RELATES TO EXISTING CONDITIONS? DO YOU KNOW IF THEY'RE ASKED TO SAY, IF THIS WERE THE IDEAL CONDITION, HOW WOULD YOU RULE AND THIS IS THE EXISTING
JENNIFER. >> WHEN I SPOKE TO CAPTAIN LINGELL, HE SPECIFICALLY STATED THEY DO NOT HAVE JURISDICTION OVER RESIDENTIAL VERSUS LIKE, OF COURSE, THEY HAVE JURISDICTION OVER A HOTEL OR A RESTAURANT OR A BAR.
THEY DO HAVE JURISDICTION OVER THAT.
>> AND YOU TALKED ABOUT CORPORATE BYLAWS.
>> YES. >> AND HERE IS MY QUESTION.
ARE THE CITY'S CORPORATE BYLAWS DIFFERENT FROM HOA'S BYLAWS AS A CORE CORPORATION?
>> WELL, I'M NOT A LAWYER, BUT I CAN TELL YOU WHAT I KNOW.
SO I DO BELONG TO AN HOA AND THAT GOVERNORS OUR GOVERS HOW MANY WE HAVE HERE. SO THEN YOU DEAL WITH THOSE LAWS WHICH COULD BE DIFFERENT THAN IF YOU JUST LIVE INNED A RESIDENCE, PER SAY, LIKE A HOME, SINGLE-FAMILY HOME AND THEY DON'T TYPICALLY HAVE THAT FOR THAT AREA, UNLESS IT'S A GATED COMMUNITY, WHICH I'M SURE YOU'RE FAMILIAR.
>> OK. >> SO WITH THAT BEING SAID --
>> THE CITY OF FORT PIERCE HAS CORPORATE BLUES BYLAWS SO TOE
THEY'RE THE SAME. >> AN HOA IS A DOCUMENT PRODUCED
BUT A LAWYER. >> WE HAVE ONE OF THOSE.
>> AND YOU ALSO PAY FEES MONTHLY, OK? AND THERE'S ALSO A FINDING BOARD, RIGHT, AND IN ADDITION, RULES AND REGULATIONS TO WHAT YOU SPAN CAN AND CANNOT DO WS AND THINGS IN GENERAL. THEY HAVE MEETINGS ANNUALLY OR BIANNUALLY OR WHATEVER THE CASE MAY BE, WHATEVER IS OUTLINED IN THE DOCUMENT AND SO, YOU MEAN, THERE'S A BUNCH OF VARIANCES THAT ARE DIFFERENT. WHEN YOU GET YOUR MORTGAGE, YOU HAVE TO AGREER AGREE TO THOD BE VETTED.
IN OUR SITUATION, YOU HAVE TO TURN AROUND AND OUT AN APPLICATION TO BE ACCEPTED INTO THE HOA.
YES, SIR. >> THIS IS AMERICA, AND I'M NOT
SURE ABOUT THAT ONE, OK. >> WE FILLED OUT AN APPLICATION.
IT'S A TRUE FACT. WHETHER THEY HAVE THE RIGHT TO DENY US, I DOOR KNOW. DON'T KNOW.
>> SO ALL OF THE THINGS YOU MENTIONED, IN YOUR OPINION, HAVE
[03:40:02]
ALL OF THE THINGS? DO WE HAVE BYLAWS, A GOVERNING BOARD, PET LAWS, RULES TO GOVERN HOW TO USE YOUR RESIDENCE?DO WE HAVE THOSE THINGS. >> COMMISSIONER JOHNSON, AS I STATED, YOUR CORPORATE BYLAWS CANNOT VIOLATE CONSTITUTIONAL RIGHTS. IF YOU READ THAT SUPREME COURT LAW -- FOR EXAMPLE, THE EXAMPLE WOULD BE THAT IF, YOU KNOW, YOU WERE TELLING ME THAT I CAN'T SPEAK MY MIND, WELL, THAT'S A VIOLATION OF THE CONSTITUTIONAL RIGHT.
>> ABSOLUTELY. >> SO YOU COULD NOT PUT AN ORDINANCE IN PLACE THAT WOULD STATE THAT YOU COULD SENTER ME,.
AS LONG YOUR ORDINANCE ARE NOT T VIOLATING RIGHTS, THEY REMAIN INTACT. IT SUPER CREEDS (INAUDIB)
>> 1901, YES. >> YOU HAVE CORPORATE BYLAWS.
I CAN'T INFRINGE ON YOUR RIGHTS. >> IS AN HOA EXEMPT FROM THAT?
>> NO, ONLY IF YOU AGREE TO IT. YOU HAVE TO AGREE TO THE TERMS
OF THE HOA. >> SO BECOMING AN OWNER IN THE CITY OF FORT PIERCE, YOU'RE SAYING YOU GET A CHANCE TO AGREE
OR DISAGREE? >> I SURE DO DISAGREE.
IF YOU VIOLATE MY CONSTITUTIONAL
IN GENERAL, PROPERTY MANAGERS, DO YOU KNOW IF THEY'RE REQUIRED TO BE LICENSED REAL ESTATE AGENTS IN THE STATE OF FLORIDA?
>> WE DISCUSSED THAT PREVIOUSLY --
( INAUDIBLE (. >> YOU DO NOT HAVE TO BE LICENSED. IN THIS PARTICULAR INCIDENT, THE PROPERTY MANAGER IS THE OWNER CO-OPED WITH.
>> IN THE STATE OF FLORIDA, ARE THE PROPERTY MANAGERS REQUIRED
TO BE LISTENED? >> NOT IF THEY'RE PRIVATE.
(INAUDIBLE). >> I'M ASKING YOUR OPINION.
>> I DO KNOW THE ANSWER AND DEPENDING IF YOU'RE
COMMISSIONED. >> NOT READY TO BE ARGUETIVE.
>> ANY OTHER QUESTIONS OF THE APPLICANT.
THANK YOU VERY MUCH. >> THANK YOU.
>> NOW IT'S TIME FOR PUBLIC TESTIMONY AND YOU'LL HAVE THREE MINUTES. STATE YOUR NAME AND ADDRESS AND TELL US IF YOU'VE BEEN SWORN IN. WHO WOULD LIKE TO GO FIRST.
>> I'M AT 1713BAYSHORE DRIVE. I ASKED MR. JOHNSON BRINGS UD POINT. WE NEED DATA.
I AM IN ENGINEERING AND I AGREER WITH AGREE WITH YOU. THAT DATA WAS BROUGHT FORTH DURING CCR. THAT'S NOT AN ANSWER.
THAT MEANS THERE WAS NO REPLY AND, I KNOW THEY'RE SUPPOSED TO GIVE YOU DATA TO WORK WITH. IF WE LEARN ANYTHING ELSE, THEY SHOULD SUPPLY THE DATA YOU'RE LOOKING FOR.
I HOPE I NEVER HAVE TO EXPLAIN ALL OF THE ACCENTSES THAT OCCURRED IN FRONT OF THE BRB. S PLEASE DRIVE DOWN PLOVER AVENE DOWN TO BAYSHORE, THAT'S TERRIBLE CONDITION.
THE HOUSE WAS PURCHASED FOR COMMERCIAL USE AND A FIRE HYDRANT AND YOU CAN'T EVEN PASS YOUR NEIGHBORS.
THEY ARE MAIN ACCESS TO JC PARK FROM THE NEIGHBORHOOD, SURFSIDE AND EVERY NIGHT, THERE'S HUNDREDS OF PEOPLE ON THE STREET EVERY NIGHT AND WE CAN'T MAKE A MISTAKE AND I WISH I HAD MORE DATA AND I DIDN'T KNOW IT WAS MY RESPONSIBILITY TO GIVE THE DATA
TO THE EXPERTS. >> THANK YOU, SIR.
HA WOULD LIKE TO GO NEXT? >> ONCE AGAIN, IRVING SHAFFER
[03:45:12]
AND I LIVE IN THE HOUSE SINCE A HANDSHAKE AND I HAVE LEARNED A LOT MORE SINCE THE RESISTANCE TO SHORT-TERM RENTED.MY EXPERIENCE INDICATES THAT THIS IS MY PERSONAL INDICATES, THAT ABOUT 70% OF THE IMMEDIATE NEIGHBORHOOD OR OPPOSED TO SHORT-TERM RENTALS. ABOUT 10% ARE OPPOSED BUT NOT WILLING TO PUT OUT A SIGN FOR FEAR OF GROWING ATTENTION TO THEMSELVES. ABOUT 10% DON'T CARE AND I ENCOUNTERED 10% WHO FAVOR THEM AND IT GIVES ME THE IMPRESSIONS THEY INTEND TO PRATT. ON A BRIGHT NOTE, I'M IMPRESSED BY THE COMING TOGETHER OF THE COMMUNITY.
COVID HAS HAD ME WALKING EVERYDAY AND DURING THE RECENT ELECTIONS, I SAW SOME DEEP DIVISIONS.
AND THIS IMPORTANT SHORT-TERM RENTAL PROBLEM HAS TRANSCENDED LIBERAL AND CONSERVATIVE DIFFERENCES.
AND TODAY, WE HAVE STOP SHORT-TERM RENTAL SIGNS SIDE-BY-SIDE ON YARDS WITH OPPOSED RED AND BLUE AND NEIGHBORS ARE STANDING THERE CIVILLY DISCUSSING ISSUES.
IF WE PASS THEM, WE LOST THE BATTLE TO PLAN OUR CITY AS WE HAVE CHOSEN. A NO-VOTE CAN BE BASED ON THE HEALTH AND WELFARE OF A CITY THAT MIGHT BE IN DANGER OF DECLINE DUE TO THE PATTERN THAT'S BEEN SHOWN.
AND WE WANT TO DEVELOP OUR CITY AS A MULTIUSE, NOT JUST TOURISM AND LET US TOURISM. ANY VOTE IN FAVOR IS A VOTE AGAINST ANY VOTE AGAINST THE POPULATION.
I DON'T KNOW HOW ANY COMMISSIONER COULD EXPLAIN TO HIS CONSTITUENTS WHY ME WOULD VOTE IN FAVOR OF THIS.
YES, THE APPLICANTS WILL RESPOND WITH EVERY LEGAL ARGUMENT THAT THEY HAVE, BUT WE WILL EVENTUALLY PREVAIL.
>> THANK YOU, SIR. >> WHO WOULD LIKE TO GO NEXT?
>> PLEASE COME FORWARD. >> HI, YOU LIVE 1909 RIO VISTA.
(ONLY WAS GIVEN. >> MY HUSBAND AND I BOUGHT OUR HOME IN JUNE OF 2013 AND WE BOUGHT HERE BECAUSE IT WAS GOING TO BE IN A RESIDENTIAL NEIGHBORHOOD AND IT WAS IN NATURE WAY AND WE HEARD YOU HAD TO HAVE A MINIMUM OF SIX MONTHS AND/OR OBVIOUSLY A YEAR. WE WE CHOSE THAT NEIGHBORHOOD BECAUSE WE DID NOT WANT TO LIVE NEAR TRANSIENTS.
WASN'T WE WERE TIRED AND WE WA GOOD NEIGHBORHOOD.
MY HUSBAND SAYS WHAT IF I PUT AN AIRNB THERE AND MY HIS SAID
[03:50:09]
YOU'RE NOT ALLOWED TO DO IT THERE.ANOTHER COUPLE BOUGHT AN INVESTMENT FROM MESA AND THERE WERE POLICE REPORTS FROM THAT ONE AND THEY SOLD THAT HOUSE BECAUSE IT COULDN'T BE AN AIR BNB AND THEN THERE WAS A PROPERTY FOR THE SAME REASON. WE'RE AT AN HOA FOR A REASON.
WE CHOSE THAT TO LIVE THERE FOR A PEACEFUL, SAFE NEIGHBORHOOD.
THANK YOU VERY MUCH. >> WHO WOULD LIKE TO GO NEXT?
>> I JUST PURCHASE ADD PROPERTY IN AUGUST AND THAT SETTLEMENT, I WAS INFORMED THAT THERE'S A DEED RESTRICTION IN THAT COMMUNITY OF NO LESS THAN SIX-MONTH RENTALS AND YOU HAVE TO INTENTIONS, DO YOU, SUR, TO RENT THAT PROPERTY? NO, I DON'T.
I'M GOING TO LIVE THERE AND I'M NOT SURE HOW SOMEBODY CAN JUST BUY IN OUR COMMUNITY WITH THE SOLE INTENTIONS OF RENTING A PROPERTY WITH THE DEED RESTRICTIONS THAT WERE CLEARLY SPELLED OUT TO ME. THANK YOU.
>> THANK YOU, SIR. WHO WOULD LIKE TO GO NEXT.
PLEASE COME FORWARD. >> I'M ROBERT JENKINS AND I HAVE BEEN SWORN IN. I'M A FOURTH GENERATION NATIVE OF THE STATE OF FLORIDA AND I'VE LIVED HERE FOR 73 YEARS.
I MOVED FROM A LITTLE COMMUNITY IN THE NORTH END OF MIAMI BEACH CALLED SOSART THAT I WAS RAISED FROM THE TIME I WAS 3 YEARS OLD UNTIL I WAS 23 YEARS OLD. IT'S IRONIC THAT I LIVE IN THIS COMMUNITY NOW. IT'S NOT IRONIC THAT I LIVE THERE BECAUSE IT WAS A NEIGHBORHOOD OF SINGLE-FAMILY RESIDENTS WITHOUT LONG-TERM RESIDENTS.
IN MIAMI BEACH, I SAW THE DISASTER OCCURS WHEN YOU HAVE BUILDING UPON BUILDING TO BE BUILT, HIGHER AND HIGHER AND CLOSER AND CLOSER TOGETHER. MY LITTLE HOUSE IS ALL THAT I WANT. IT'S A TWO BEDROOM, TWO BATHROOM HOUSE WITH A LITTLE GARDEN IN THE BACK AND IT'S BEAUTIFUL! IT'S A BLOCK AND A HALF FROM THE OCEAN.
I GO TO THE OCEAN PROBABLY FIVE DAYS A WEEK.
I WALK EARLY IN THE MORNING AND I WALK IN THE EVENING.
MY NEIGHBORHOOD IS QUIET. ON THE OTHER SIDE OF THAT, I GO TO THE BAHAMAS FREQUENTLY AND I RENT AN RBO.
YOU KNOW WHY I RENT IT? I OWN A PIECE IN THE BAHAMAS I NEVER BUILT ON BECAUSE I CAN GIVE THE KEY BACK TO THE OWNER AND I CAN LEAVE. I DON'T HAVE TO WORRY ABOUT WHEN A HURRICANE COMES AND I DON'T HAVE TO WORRY ABOUT MAINTAINING ANY PART OF IT BECAUSE I PAY RENT BY THE WEEK AND I LEAVE.
AND NOBODY THIS EVENING HAS MENTIONED A RENTER HAS A PERMANENT INTEREST IN THE PROPERTY THEY HAVE STAYING IN.
THEY DON'T CARE ABOUT WHAT'S HAPPENING IN THE YARD OR WHAT'S HAPPENING IN THE NEIGHBORHOOD OR ANYTHING ABOUT THAT.
THEY PEOPLE THAT RENT WILL COME AND GO AND MAKE NOISE WHEN THEY WANT TO AND LEAVE TRASH AROUND WHEN THEY WANT TO AND LEAVE.
THE PROBLEM IS THAT THE CITY OF FORT PIERCE THAT WE PAY TAXES TO WILL ENFORCE THE LAW. I UNDERSTAND ABOUT HAVING TO MAINTAIN PLACES AND HAVING S HYPOTHETICAL.
THEY HAVE TO CALL THE POLICE AND CALL THE FIRE DEPARTMENT.
WE, THE CITY OF FORT PIERCE WILL HAVE TO MAINTAIN THAT PLACE, PUT OUT THE FIRES AND ARREST THE PEOPLE DOING THINGS ILLEGAL.
[03:55:15]
IF YOU CHANGE THAT ZONING, YOU'RE CHANGING MY END GAME.>> THANK YOU, SIR. WHO'S NEXT.
>> I'M AT 1714 CLOVER AVENUE, DIRECTLY ADJACENT TO THE PROPERTY IN QUESTION AND THANK YOU FOR YOUR TIME.
>> WERE YOU WORN SWORN IN, S. >> YES.
THE FACTS, SO THIS IS A VERY OLD NEIGHBORHOOD AND PLATTED IN THE '50S AND NARROWER. TRAFFIC ON THE WEEKEND IS HEAVY AND IN AN UNSAFE -- WE HAVE TO WATCH TRAFFIC AND NEVER MIND THE ADDITIONAL USE OF IT. SECONDLY, AT THIS POINT, THERE'S 250 HOUSES AND MY NEIGHBORHOOD, NO AIRBNBS.
IF THE STAFF CAN TELL ME WHERE THERE'S AN AIRBNB INSIDE THIS COMMUNITY, THIS IS JUST NORTH OF THE PARK, WHICH IS JUST NORTH OF SURFSIDE. I WAS SAYING THEY DIDN'T WANT HIGH TRAFFIC AND IF THEY DIDN'T, WHY ARE THEY ASKING FOR THAT? SUGGESTION MONTHS SUGGET AT A MINIMUM.
CALL IT WHAT YOU WANT, BUT THAT'S A HOTEL, IN MY OPINION.
AS FAR AS JUMPING THROUGH HOOPS, HURRICANE AND INSURANCE AND TAXES FOR THE LAST 20 YEARS, I MEAN, COME ON, THIS IS RIDICULOUS AND EVERYBODY HAS TO DO WORK TO MAINTAIN THEMSELVES.
THE LAST THING, WHICH I THINK IS IMPORTANT, WE NEED A PROPERTY MANAGER THAT IS HERE IN THE COUNTY.
>> WHAT WAS HIS NAME. >> EUGENE COCHRAN, DIRECTLY ADJACENT TO THE PROPERTY, CLOVER AVENUE.
>> THANK YOU, SIR. >> TIMTHY BANKERS TIMOTHY.
IF THEY BECOMES THE STATE D TO COMPLY WITH THE STATE BECAUSE THAT'S WHEN IT BECOMES LAW, JULY RIGHTS AND THE RIGHTS OF 750 PEOPLE VERSE FIVE PEOPLE? AND THE PEOPLE THAT WORK IN THE RESTAURANTS AND THE BUSINESSES THAT THEY'RE GOING TO SUPPORT -- BECAUSE IF I GO TO AIRBNB HOUSE, I'M GOING TO GO TO PUBLIX, I'M GOING TO GET MY FOOD THERE AND COOK AT AT HOME AND NOT SPEND $300 A NIGHT. I DON'T KNOW IF THEY LOOKED A THE PHOTOS, BUT LOOK AT THE VEHICLE TRAFFIC.
ONE TIME, THERE WAS NINE CARS AND THE ONE TIME, THERE WAS OVER
[04:00:04]
22 PEOPLE, BUT I GUESS THAT'S NOT IMPORTANT NOW.THE BOAT TRAILERS, MANY LOBSTER SEASON, MANY FLOCK HERE AND THE GUY WILL PULL THE BOAT AND YOU'LL TILL HIM, OH, I'M SORRY, YOUR OTHER FRIENDS CANNOT COME HERE, THEY WON'T BE ABLE TO ENFORCE IT. IF SOMEBODY PAYS $300, I GIVE THEM EXAMPLE AND THAT'S WHAT MY NEIGHBOR DID AND YOU WON'T TELL HIM HIS FRIENDS CAN'T COME AND YOU WON'T TELL HIM THAT HE CAN'T, BASICALLY, DO WHAT HE WANTS TO DO THAT HOUSE.
I JUST DON'T BUY IT THESE PEOPLE WILL VET ANYTHING.
I STRONGLY BELIEVE THEY WILL -- ONCE THEY GET AN OPERATION, THEY'RE GOING TO DO WHAT THEY WANT, OK? AND THE CITY IS GOING TO ENFORCE IT AND WHY DOES THE CITY NOT ENFORCE THE DOGS AND ALCOHOL ON THE BEACH? I SUBMITTED OVERFLOWING WITH RUM-RUNNER CONTAINERS AND THE CITY CITY CAN ENFORCE THIS BUT WHY? THIS HAS A RIPPLE EFFECT. WHEN A HOUSE GOES TO AIRBNB, THOSE PEOPLE THAT CAN BE RENTING, THEY HAVE TO MOVE OVER AND YOU'LL HAVE TO EXPLAIN TO YOUR PEOPLE WHY THEY DON'T HAVE THE AFFORDABLE HOUSING AND PUSHED OUT.
THEY ALREADY CAN'T PAY THEIR ELECTRIC BILL AND HAVE TO SIT OUTSIDE AND YOU'LL HAVE TO EXPLAIN WHY YOU VOTED TO ALLOW $300-A-NIGHT FANCY PLACES ON THE BEACH WHILE SOME OF YOUR PEOPLE WILL GET PUSHED OUT AND THEY'LL COME TO YOU AND YOU'LL HAVE TO EXPLAIN THAT. THANK YOU.
>> WHO'S NEXT? >> I'M LARRY WINNER, 1933 CRESTVIEW. WHEN I SPOKE EARLIER, I WAS TRYING TO DO THE FACTS AND FIGURES, OBVIOUSLY THAT DIDN'T WORK. ALL OF THESE APPLICANTS I'VE GOTTEN TO MEET VERY WELL AND THEY WANT SUPPORT FOR FORT PIERCE AND THEY CANNOT AFFORD FOR THEIR UNIT TO NOT BE SUCCESSFUL. JONATHAN JUST HANDED ME SOME OF HIS REQUIREMENTS. MAXIMUM SLEEP CAPACITY IS TEN PEOPLE AND HE HAS A $500,000 INVESTMENT IN THIS HOUSE AND HE CANNOT AFFORD TO HAVE PEOPLE PARTYING AND TEARING UP THE NEIGHBORHOOD. AGAIN, THE ZONING ISSUE COMES UP AND A LOT CAME UP ABOUT SAFETY AND THE ROADS.
WHETHER HE WENT TO SHORT-TERM AND SIX MONTHS OR A YEAR, YOU STILL HAVE THE SAME ISSUES. GOOD LUCK.
>> THANK YOU, SIR. >> ANYONE ELSE?
>> I HAVE SOME PHOTOS TO PUT IN EVIDENCE.
>> GIVE IT TO THE OFFICER THERE. >> IT WAS NOT PUT IN TIMELY,
FIVE DAYS PRIOR. >> YOU CANDIES REGARD THAT.
>> THERE ARE PICTURES AND OUR ENGINEER, HA IS A GOOD WITNESS, A CREDIBLE WITNESS AND THESE PICTURES ARE CREDIBLE EVIDENCE OF WHAT THE ROAD LOOKS LIKE. IF YOU'RE LOOKING FROM FACTS AND DATA, HERE ARE SOME FOR YOU. THE OTHER PART, WE'RE TALKING ABOUT THE FIRE PREVENTION COMPANY THAT LOOKED AT THESE HOMES, BUT THEN I HEAR OUR FIRE DEPARTMENT HAS NO JURISDICTION OVER SINGLE-DWELLING RESIDENCES. SO SOMEBODY HAS A SMOKE DETECTOR AND CARBON MONOXIDE ALARM AND WE'RE NOT PUTTING LIMITS ON HOW MANY ARE IN THE HOUSE. NO LIMIT THAT THE TOWN IS SAYING YOU CAN ONLY HAVE EIGHT PEOPLE OR TEN PEOPLE.
WHAT IF 20 PEOPLE ARE IN THERE? IF ONE OF THESE HOUSES IS OVERCROWDED AND GOES ON FIRE, WE HAVE DEATH.
WE'LL HAVE PEOPLE THAT ARE SERIOUSLY INJURED BECAUSE OF THE SAFETY ISSUE AND WE NEED TO REGULATE THAT AND WHY ISN'T THE FIRE DEPARTMENT REGULATING THESE AIRBNB'S?
[04:05:05]
WHY AREN'T THERE SPRINKLERS REQUIRED? WHY ARE WE LETTING DOGS COME INTO OUR NEIGHBORHOODS WITH NO LICENSING? WE DON'T KNOW IF THEIR VACCINATINGED OR IF THEY ARE RABIES OR IF THEY'VE HURT PEOPLE IN THE PAST. WE NEED TO PROTECT OUR NAKEDS.NEIGHBORHOODS. WE NEED A COMPLETE COMMITTH RECOMMENDATIONS AND WE . THAT'S IMPORTANT.
>> WHO'S NEXT? >> I'M GLENDA, I'M AT 1503 FAVOR COURT. I OWN SEVEN HOUSES ON SOUTH BEACH, ONE DUPLEX AND FOREFORPLERX.
I RENT ALL OF THESE UNITS WITH THE EXCEPTION OF MY OWN HOME AS LONG-TERM RENTALS AND TWO PEOPLE WHO HAVE BEEN THERE FOR MORE THAN TWO YEARS. TOUT THESE THESE INDIVIDUALT WORKERS, SCHOOL TEACHERS, YOUNG REALTORS AND ANOTHER OTHER G INDIVIDUALS MAKING UP THE FABRIC OF OUR COMMUNITY.
IF THERE'S NOT FUTURE FOR SINGLE-FAMILY HOMES, THESE INDIVIDUALS WILL BE DOES DISS THEY ARE FORCED TO LOOK OUTSIDE OF THE SOUTH BEACH COMMUNITY. CONSIDER THE EFFECT THIS WILL HAVE AS THE HOUSING STOCK DRIES UP FOR SINGLE-FAMILY AND LONG-TERM SINGLE UNITS. IF THIS GOES THROUGH, MY PROPERTIES WILL NOT BE THE LAST PROPERTIES ON THE BLOCK TO BE AIRBNB'S. I WILL GET THE CONDITIONAL USE EVEN IF I USE IT OR DON'T USE IT BECAUSE YOU'LL DEVALUE ALL OF MY
PROPERTIES. >> I'M ETCH EDIE JONES AND WT PREPARED TO SPEAK BUT FEEL COMPELLED.
I'M NOT SPEAKING AGAINST FOR ANYBODY FOR THIS.
I BROUGHT MY KIDS UP HERE AND THIS IS MY HOME AND I PLAN TO STAY HERE. THE PROCESS TO THIS APPROVAL IS TAKING SO MUCH TIME BECAUSE THERE'S NO DETAILED GUIDELINES THE RULE. WHY THESE KIND OF PLANNING THINGS HAVE NOT -- ARE NOT IN PLACE BEFORE THERE WAS EVEN A CONSIDERATION FOR THIS TYPE OF BUSINESS GOING IN THE AREAS THEY ARE NOW AND IF IT WERE A LONG THE STREETS WHERE THERE ARE RESTAURANTS AND HOTELS AND MULTIFAMILY HOUSING, THAT WOULD BE A WHOLE DIFFERENT THING, BUT WHEN IT COMES TO MY NEIGHBORHOOD, OF COURSE, YOU KNOW, I'M CONCERNED.
AND I'M AN EXPERT BECAUSE OF MY PERM EXPERIENCE PERSONAL EXPERIENCE AND I TELL THE TRUTH.
[04:10:01]
THERE'S BEEN AS MANY AS 19 PEOPLE AND I DON'T OWN THAT PROPERTY, BUT STILL IT'S ON MY SIDE OF THE STREET AND WHAT IT SAYS IN VRBO IS THAT THE STANDARD OR THE REIMBURSEMENTS FOR REQUIREMENTS FOR RENTAL DOESN'T HOLD WATER WITH THE TRUTH. THE SMELL OF MARIJUANA WHICH IS SMOKING IS CLEARLY COMING FROM THAT HOUSE, SO THANK YOU.>> THANK YOU VERY MUCH. >> ANYONE ELSE?
ANYONE ELSE? >> I HAVE A FEW TO READ WHEN
EVERYONE IS FINISHED. >> MIGHT HAVE TO REMIND ME AGAIN.
>> MY NAME IS DAVE GROSS, 1818 1818 EUCALYPTUS.
>> HAVE YOU BEEN SWORN IN, SIR SOME.
>> YES. >> WE'VE BEEN THERE SINCE 1938 AND 1983 AND WHEN SURFSIDE WAS DEVELOPED IN DEED BOOK 227, PAGE 165, WE HAD TITLED PROTECTIVE COVENANTS AND IN THE COVENANTS, NUMBER FOUR IS TITLED NUISANCES AND STATES NO NOXIOUS ACTIVITY SHALL BE CARRIED ON ANY LOT, NOR SHALL ANYTHING BE DONE WHICH MAY BECOME AN ANNOYANCE OR NUISANCE TO THE NEIGHBORHOOD. NOW, I AM AN EXPERT WITNESS TO SHORT-TERM RENTAL, BECAUSE I OWN A PROPERTY THAT IS BESIDE A SHORT-TERM RENTAL AND LET ME TELL YOU, IT HASN'T BEEN PLEASANT. I'VE BEEN OVER THERE WITH NOISE LATE AT NIGHT. I'VE BEEN OVER THERE WITH BARKING DOGS. WHO DO I CONTACT? THAT'S A GOOD QUESTION. SO THREE, I'M ANYWAY, I'MK ABOUT THE SHORT-TERM CONDITIONAL USE UNIT.
THE PUBLIC HEALTH, AS YOU CAN SEE BY THE NUMBER OF PEOPLE THAT HAVE COME UP HERE TONIGHT, THEY ARE TORMENTED MENTALLY BY THE FACT THAT THEIR NICE, QUIET NEIGHBORHOODS ARE TURNED INTO MOTEL LIVING. AND THAT'S WHAT I'M CALLING IT, MOTEL LIVING. AND IMPROVING THIS WILL AFFECT PUBLIC HEALTH AND IT'S ALSO A SAFETY ISSUE.
THE MAN EXPLAINED IT'S A NARROW STREET, IT'S FLOODED RIGHT NOW BECAUSE OF THE RAIN COMING IN. IT'S POOR LIGHTING AND BEING AN EXPERT WITNESS, I'M SURE THAT THE PERSON THAT RENTED THE SHORT-TERM RENTAL NEXT TO MY PROPERTY PROBABLY TOOK A CREDIT CARD NUMBER AND THAT WAS THE END OF THAT SO MAYBE THESE FOLKS WILL BE DIFFERENT. HOPEFULLY THEY WOULD BE.
BUT THAT WAS MY EXPERIENCE AND ONE BAD APPLE WRECKS THE WHOLE BUNCHER AND WE KNOW IT DOES. AND SO, WE'LL TALK ABOUT COMFORT. THE DEFINITION OF COMFORT IS ALLEVIATE OF STRESS OR DISCOMFORT.
TELL ME HOW I FIND COMFORT BETWEEN PEOPLE GETTING AWAY TO PARTY WHEN MY UPSTAIRS LOOKS DOWN AT THAT HOUSE.
WHO DO YOU CALL AT 1:00 A.M.? >> YOUR TIME IS UP.
>> OK, THANK YOU. >> THANK YOU VERY MUCH.
>> GOOD EVENING. MY NAME IS DEBORAH UNDER-HILL AT 1713 BAYSHORT DRIVE, AND YES, I WAS SWORN IN.
>> YOUR LAST NAME? >> UNDER-HILL.
I WOULD LIKE TO TOUCH ON THE ASPECT OF SAFETY AGAIN.
I LIVE IN AN AREA IN BETWEEN CLOVER AND MELALUCA THAT RUNS THROUGH JC PARK. CLOVER IS 19 AND A HALF FEET WIFE, WIDE, IS IN POOR REPAIR, NO SIDEWALKS AND WHEN I AM LUCKY ENOUGH AT 6:00 A.M. TO BE WALKING MY DOGS, THERE ARE VERY FEW STREETLOOTS. STREETLIGHTS.
[04:15:05]
IF SOMEONE IS COMING DOWN THAT ROAD AT 25 MILES PER HOUR, THEY CANNOT SEE ME. THAT'S A POSTED SPEED LIMIT.VERY FEW PEOPLE GO THE POSTED SPEED LIMIT.
I'VE BEEN IN THE MIDDLE OF MANY PEOPLE'S LAWNS WHILE WALKING MY DOGS. AND NOT FOR THE OBVIOUS REASON.
AND THERE'S ALSO A FIRE HYDRANT RIGHT IN THE CORNER OF PLOVER AND WALNUT. IF THESE PEOPLE DO NOT ADHERE TO THE PARKING DRIVEWAY AND HAVE A BOAT AND TRAILER AND PULL IT OUT TO THE LAWN, THEY WILL BE BLOCKING THAT FIRE HYDRANT AND THAT MEANS THE FIRE DEPARTMENT CANNOT REACH ME.
I AM VERY OLD AND WILL NEED HELP.
SO THAT IS MY CONCERN. IT'S SAFETY.
I DON'T CARE WHO LIVES IN WHAT ELSE, AS LONG I DO NOT NEED TO HEAR THEM. BUT I WANT ACCESS TO THE GOODS AND SERVICES THAT I AS A TAXPAYER PAY.
THANK YOU. >> THANK YOU, MA'AM.
>> WHO ELSE WOULD LIKE TO SPEAK? ANYONE ELSE, ANYONE ELSE?
>> THESE ARE TWO LETTERS. >> I'M GOING TO JUMP AROUND A LOT, BUT I KNOW FOUR PEOPLE THAT AREN'T HERE NOT IN FAVOR OF SHORT-TERM RENTALS BECAUSE THEY'RE ACTUALLY SCARED TO.
AND WE HAVE PEOPLE WITH DOWN SYNDROME ADULT CHILDREN AND PEOPLE IN WHEELCHAIRS, OLDER PEOPLE IN OUR NEIGHBORHOOD AND YOUR ONLY AND THE LAWS. WE HAVE LAWS AND GUIDELINES AND WHAT I HEARD OR UNDERSTOOD, CHAPTER 22 ZONING, ARTICLE 5, CONDITIONAL USES AND 22-74, WHICH CAN, IT SEEMS TO BE GUIDEE YOU GUYS. SO IT'S NOT REGARDLESS.
I KEEP HEARING THAT TERM REGARDLESS AND IT DEMINIMIZES WHAT MY FRIENDS AND I FEEL. I LOVE THAT BECAUSE I WROTE THAT DOWN, BUT I KNOW IF I SAY BLUE, SOMEONE ELSE MAY SAY GREEN.
BUT IF YOU WANT ME TO SHOW MY EXPERTISE WITH ALL OF YOU, YOU'RE ALL WELCOME TO COME AND WALK THE NEIGHBORHOOD AND I'LL TALK TO YOU ABOUT HOW CARS BACK UP AND HOW THEY SPEED DOWN THE ROADS AND THE MINIMAL AMOUNT OF LIGHTING TO THE 250 HOUSES AND THE NO SIDEWALKS AND THE SCHOOL CHILDREN AND THE PEOPLE WALKING, BIKING AND USING THE NEIGHBORHOODS HOW I FEEL IT SHOULD BE. THIS ISN'T A NEW PHENOMENON AND I DO THINK YOU SHOULD WAIT UNTIL THE RECOMMENDATIONS COME IN.
WE HAVE LAWS RIGHT NOW GOVERNING THIS AND WE HAVEN'T HEARD FROM TALLAHASSEE AND OTHER PLACES. SO LET'S USE WHAT WE HAVE.
I WANT TO COMMEND YOU FOR DOING THE PERFECT JOB IN BRINGING HOTELS AND BUSINESSES TO OUR NEIGHBORHOOD.
IT SEEMS COUNTERPRODUCTIVE TO OUR NEIGHBORHOOD AND I HOPE YOU'RE LISTENING HOW YOU BRING IN THE MIAMI PROJECT AND SAY, HEY, WE'LL LET ALL OF THESE SMALL SHORT-TERM RENTALS COME IN AND LET ALONE THE GREAT YACHT BUILDING AND WHERE WILL THOSE DIESEL MECHANICS AND ALL OF THOSE PROFESSIONAL PEOPLE? HONESTLY! IT'S INSANE TO ME I'M CONSIDERING MYSELF AN EXPERT. YOU DON'T NEED THE TOURIST-ONLY ECONOMY. IT'S NOT ONLY SUBSTANTIAL.
WE HAVE THE BEST THING -- YOU HAVE DONE SUCH A GREAT JOB AND DON'T BLOW IT, GUYS! YOU GUYS HAVE OPTIONS.
THERE'S GREEN, WHITE AND I THINK THE LAW IS ON OUR SIDE AND DUE TO CORRECT THINGS, STEP BACK, TAKE YOUR TIME, MAKE A GOOD INFORMATIVE DECISION. WE HAVE ALMOST 100 PEOPLE HERE AND THERE WOULD BE A LOT MORE. I'M TELLING YOU, THINK TWICE, CUT ONCE AND USE WHAT'S ON THE BOOKS NOW AND THANK YOU.
>> THANK YOU, SIR. ANYONE ELSE?
ANYONE ELSE? >> I'M AT 1502 FABER COURT.
[04:20:05]
>> AND YOU WERE SWORN IN THERE. >> I WAS.
>> I HAD A GREAT PIECE ON GENERAL WELFARE AND I WON'T TALK ABOUT IT. I WANT YOU TO ALL PLEASE LOOK ME IN THE EYE FOR A MINUTE. I HAVE A LOT OF QUESTIONS ASKED HERE TONIGHT. I FEEL AS A CITIZEN, AS A SPEAKER HERE TONIGHT AND THE 100 PEOPLE THAT ARE STANDING BEHIND ME FROM SURFSIDE, HARBOURUAL HAVE BEEN SPOKEN TO IN A CONDESCENDING MANNER. OUR OPINION IS IMPORTANT.
I KNOW THIS IS A QUASI JUDICIAL HEARING.
I TALKED TO EVERY MAN AND WOMAN WHO SIGNED THE REPORT FOR THE REVIEW AND I'VE BEEN TOLD THEY HAVE TO RUBBERSTAMP IT.
THEY TOLD ME WHEN I SPEAK TO THE FIRE MARSHALL, THAT, WE, IN MY CUL-DE-SAC, I'M SUPPOSE ODD HAVE A 50-FOOT FOOT RADIUS, BUT I CT BECAUSE IT WAS BUILT IN 1957 EXAMINE THEY NEED 1, AND THEY NEED TO GET IN 150 FEET OF THE FIRE HYDRANT TO HELP ME.
THEY ARE AWARE THAT WHEN WE HAVE PEOPLE IN OUR NEIGHBORHOODS WALKING EGRESS AND YES, THIS COULD HAPPEN WITH REGULAR RESIDENTS, BUT WE KNOW IT'S MORE POSSIBLE TO HAPPEN WITH VISITORS. IT'S TIME THAT WE TABLE THIS.
WE'VE GOT PEOPLE THAT ARE APPLYING FOR THESE PERMITS AND THEY DON'T DESERVE THIS. MR. JOSEPH DOESN'T DESERVE THIS AND MRS. BAKER DOESN'T DESERVE THIS.
YOU DON'T DESERVE IT. I DON'T DESERVE IT AND GOOD GOD, HOW MANY HOURS HAVE WE BEEN HERE AND WE'RE NOT GETTING ANYWHERE.
YOU NEED TO TABLE THESE APPLICATIONS PUT THE NEW ONES ON HOLD AND LET THIS TASK FORCE DO THEIR JOB AND LISTEN TO YOUR CITIZENS, YOUR CONSTITUENTS. WE ARE IMPORTANT.
WE ARE THE ONES THAT LIVE IN THESE NEIGHBORHOODS.
WE ARE THE ONES THAT SEE THE TRAFFIC PATTERNS.
NO, WE'RE NOT TRAFFIC EXPERTS. AND I CAN'T GET AN ENGINEER FROM FORT PIERCE TO CALL ME BACK AND TALK ABOUT IT.
I CAN'T GET AN ENGINEER TO COME OUT AND PROPERLY MEASURE MY STREETS, SO WE HAVE IT WITH A TAPE MEASURE AND YOU'LL SEE PEOPLE COME IN AFTER ME ON THE FORT PIERCE PROPERTY APPRAISERS AND THEY'LL HAVE PICTURES AT THE NEXT CASE THAT WILL SHOW THIS.
I BEG YOU, TABLE IT! USE YOUR TASK FORCE AND USE THE FACILITIES THAT WE HAVE. THANK YOU.
>> THANK YOU, MA'AM. >> ANYONE ELSE?
>> I'M ANDREA LAWLER, 1707 1E 1707 SUNSET AISLE ROAD.
>> I WON'T RESTATE THE CITY CO-SECTION AND I KNOW YOU'RE TIRED AND I'M SORRY BECAUSE THIS IS IMPORTANT TO US.
WHEN I BOUGHT MY HOME IN JULY OF 2019, I BOUGHT INTO THE IDEA OF THIS BEING A FAMILY ORIENTED AND TRANQUIL NEIGHBORHOOD.
DURING THE TIME I SPENT HERE, EVERY ONE OF MY EXPECTATIONS HAVE BEEN MET. YOU CAN SEE THE SENSE OF COMMUNITY IN THE WAY THEY'VE ALL COME TOGETHER.
TO PROTEST SOMETHING THAT WE STRONGLY BELIEVE IN.
I WANT TO LIVE HERE THE REST OF MY LIFE AND I DO NOT WANT TO SEE THIS QUAINT NEIGHBORHOOD WHERE EVERYBODY KNOWS EACH OTHER AND WAIVES TURN INTO A RENTAL COMMUNITY.
YOU PUT THAT MAP UP, LIKE A DRONE VIEW AND YOU SEE THE NEIGHBORHOOD AND YOU SEE THUMB'S POINT, AS WELL, AND YOU START PUTTING THE HOLES OF THE TWO-DAY RENTAL AND YOU START PUTTING HOLES IN IT AND THE WHOLE COMMUNITY IS GONE.
THAT'S NOT WHAT WE WANT. YOU HAVE ALL OF THESE PEOPLE STANDING BEHIND ME THAT WE WANT TO KEEP OUR NEIGHBORHOOD THE WAY IT IS. SO THANK YOU.
>> ANYONE ELSE? >> SUSAN BAKER, 1557 THUMB POINT
[04:25:19]
DRIVE. >> LOOK AT THE NEIGHBORS THAT ARE HERE TODAY. ME AND MR. JONATHAN HAVE SOMETHING IN COMMON, WE'RE BLACK.
FOR ALL OF THE APPLICATIONS THAT WERE PRESENTED PRIOR TO AND APPROVED, THEY DIDN'T HAVE THIS TURN-OUT AND THEY DIDN'T HAVE ALL OF THIS INFORMATION AND IT'S JUST RIDICULOUS.
AND WE'RE PERSONALLY BEING ATTACKED.
THESE SIGNS, IT'S PLACED PARTICULARLY AROUND OUR HOMES AND NOTHING WAS WRONG WITH AIRBNBS AND THEY THEMSELVES USE AIRBNBS AND I DON'T KNOW WHEN FORT PIERCE BECAME 55 AND OLDER WHERE ALL RACE IS NOT WELCOME AND SHORT-TERM AND LONG-TERM, DOESN'T MATTER WHO IS IN THE NEIGHBORHOOD AND SO, I'M SUPPORTING JONATHAN JOSEPH AND I HOPE THAT THE COMMISSIONERS WILL ALSO SUPPORT MR. JOSEPH BECAUSE IT'S OBVIOUSLY A PROBLEM, DEEP-ROOTED PROBLEM IN FORT PIERCE, SOUTH BEACH, PLOVER AVENUE AND THUMB POINT, A DEEP-ROOTED PROBLEM IN THAT NEIGHBORHOOD. THANK YOU.
>> WHO WOULD LIKE TO GO NEXT? PLEASE COME FORWARD.
>> GOOD EVENING. I'M DENISE JENKINS AND I'VE BEEN SWORN IN AND I'M AT 1916 CYPRESS.
I DIDN'T EXPECT TO SPEAK EITHER, BUT I'M GLAD I'M IN FRONT OF YOU. AND WHAT HAS JUST PROMPTED ME TO COME FORWARD IS THE FOLLOWING. THIS IS NOT ABOUT RACE.
THIS IS NOT ABOUT RACE AND I DON'T THINK THAT SOMETHING OF THAT NATURE SHOULD BE BROUGHT IN AT THIS POINT IN TIME AS ANYTHING TO DO WITH TRYING TO LIVE IN A SMALL COMMUNITY, SINGLE-FAMILY RESIDENCE. MY HUSBAND WAS UP HERE BEFORE.
WE MOVED HERE SPECIFICALLY AND WE'RE NOW RETIRED AND WE LIVE HERE IN THIS COMMUNITY SPECIFICALLY BECAUSE THIS IS WHERE I EXPECT TO DIE. AND I DON'T WANT TO MOVE AGAIN.
BUT I FEEL SOMEWHAT PRESSURED INTO THINKING TO MYSELF IF WE LET ONE DOOR OPEN, THEN ALL OF THE OTHER DOORS WILL COME OPEN AND UNDERSTANDABLY SO BECAUSE IT'S ALL ABOUT PRECEDENT AND THAT'S WHAT WILL HAPPEN TO OUR LITTLE COMMUNITY AND SO I HAVE TO RETHINK, WHERE WILL WE GO AND WHAT WILL WE DO? BECAUSE I CAN'T, I DON'T WANT TO AND NOR DOES ANYBODY ELSE AND I THINK ALL OF OUR OPINIONS SHOULD MATTER.
I DON'T THINK IT HAS TO BE WHETHER OR NOT IT WAS PROVEN IN THE LAW OR NOT PROVEN IN THE LAW.
LAWS ARE CHANGED EVERYDAY AND WE WOULDN'T ALL BE HERE IF THE LAW WAS CUT AND DRY. THERE WOULD BE NO ARGUMENTS.
SO TO STICK WITH ONE OPINION AND A DIFFERENT, WIDER OPINION, IT'S NOT CUT AND DRY. SO I THANK YOU VERY MUCH FOR YOUR TIME AND YOUR CONSIDERATION.
>> THANK YOU, MA'AM. ANYONE ELSE?
SO IF YOU'LL RAISE YOUR RIGHT HAND.
DO YOU SWEAR TO AFFIRM THE TRUTH, THE WHOLE TRUTH AND
NOTHING BUT THE TRUTH. >> MM-HMM.
I WASN'T GOING TO SPEAK ON THIS HOUSE BECAUSE I DON'T LIVE IN THAT NEIGHBORHOOD. BUT AFTER HEARING WHAT WAS SAID, I DIDN'T KNOW WHO ANYBODY WAS THAT OWNED THESE HOUSES BEFORE TONIGHT. I'VE NEVER SEEN ANYBODY.
I DON'T CARE WHO YOU ARE. THE REASON THAT I'M CONCERNED IS FOR THE SAFETY OF MY TWO YOUNG CHILDREN. NOTHING DO WITH ANY OTHER PEOPLE. AND I'M NOT 55. AND THERE'S A LOT OF PEOPLE IN OUR NEIGHBORHOODS WHO ARE NOT 55 AND WHO HAVE YOUNG CHILDREN AND WHO DO NOT WANT TO SEE THIS EITHER. THAT'S IT.
>> COULD YOU GIVE YOUR LAST NAME AGAIN, PLEASE.
>> ANYONE ELSE? ANYONE ELSE? LAST CALL. ALL RIGHT. NOW I
WOULD LIKE FOR THE APPLICANT -- >> READ THESE.
>> THANK YOU. SEE, I NEED YOU EVERY TIME.
>> SO THESE WERE SWORN STATEMENTS THAT I RECEIVED PRIOR TO TONIGHT'S MEETING. I HAVE ONE FROM SALLY GRIFFITH FROM 1510
[04:30:03]
THUMBPOINT DRIVE. MY HUSBAND AND I BOUGHT OUR HOME 15 YEARS AGO. ALL THIS TIME WE HAVE ENJOYED OUR HOME PEACEFULLY. NOW WE MUST DEFEND OUR RIGHTS AGAINST NEW INVESTORS AND SHORT TERM RENTALS. WE BELIEVE THE SHORT TERM RENTAL REQUEST AT THE PROPERTY AT 1801 IN FORT PIERCE WILL HAVE A NEGATIVE EFFECT ON THE HOMES ON THE GENERAL LIFE OF NEIGHBORS AND NEIGHBORHOODS. THE SPECIFIC CONCERN IS THE OWNER'S INTEREST IN THE NEIGHBORHOOD SINCE HE DOESN'T LIVE HERE. AND HOW THIS COMMERCIAL PROPERTY WILL BENEFIT OUR NEIGHBORHOOD. OUR GENERAL CONCERNS ARE NOT HAVING A PROPERTY MANAGER ON THE PREMISES. HAVING ADEQUATE INSURANCE. HAVING UNRULY DOGS AND HAVING NO SIDEWALKS AND NARROW STREETS AND SURFSIDE ON PLOVER AVENUE. AND I RECEIVED THIS FROM I REPRESENT THE OWNERS OF PROPERTY LOCATED AT 1521 SOUTH OCEAN DRIVE. MY CLIENTS HAVE INSTRUCTED ME TO -- ABOVE PROPERTY PERMIT. MY CLIENTS DO NOT AGREE THAT VACATION RENTALS ARE A PROPER AND COMPLEMENTARY USE OF SINGLE FAMILY DWELLINGS.THEY BELIEVE THE NEIGHBORHOOD SHOULD RETAIN THE CHARACTER OF THE NEIGHBORHOOD WHERE FOLKS CAN PERMITTING INTERMITTENT SHORT TERM RENTALS DOES NOT MATCH WITH THAT DESIRED SCENARIO. MOREOVER, PERFORMANCE WHERE OCCUPANTS ARE DWELLED FULL TIME AND NOT BE SUBJECT TO MARKET FORCES WHICH MIGHT RESULT IN THIS PROPERTY BEING VACANT FOR EXTENDED PERIODS OF TIME. I RECEIVED ONE FROM MIKE NOEL, 1147 HERNANDEZ STREET APARTMENT A IN FORT PIERCE.
AIRBNB PERFORM A BACKGROUND CHECK AND RENTAL HISTORY. THESE RENTALS WILL BE UTILIZED BY FAMILIES LOOKING TO EXPLORE OUR AREA AND VISIT LOVED ONES CURRENTLY HERE. AIRBNB RENTALS ARE MUCH CLEANER AND OFFER MORE UNIQUE EXPERIENCE THAN HOTELS.
BOTH PARTNERS HAVE INCENTIVES OF FOLLOWING THE RULES AND TAKE EXCEPTIONAL CARE OF THE PROPERTY.
THE LAST ONE IS FROM ANITA SHANNON.
SAFETY IS THE BIGGEST FACTOR THAT MAKES THIS TYPE OF BUSINESS INCOMPATIBLE WITH THIS RESIDENTIAL NEIGHBORHOOD. THERE ARE NO SIDEWALKS AND MUCH OF THE SURFSIDE COMMUNITY ARE WALKERS, JOGGERS. IT'S BARELY WIDE ENOUGH FOR TWO CARS TO PASS AND PEDESTRIANS MUST OFTEN GO INTO A YARD AND PRIVATE PROPERTY TO AVOID BEING STRUCK BY A PASSING CAR. SHORT TERM RENTALS OF TWO TO THREE DAYS WILL CREATE MUCH HIGHER TRAFFIC WITH GUESTS AND CLEANING CREWS IN AND OUT TWO TO THREE TIMES EACH WEEK.
IT WILL POSE A DANGER TO LOCAL RESIDENTS, PETS, CHILDREN. THOSE WITH DISABILITIES WILL BE AFFECTED BY ACTIVE BUSINESSES OPENING IN A NORMAL QUIET RESIDENTIAL AREA. THIS BUSINESS IS NOT COMPATIBLE WITH RENTAL AREA. WITH ABSENTEE OWNER, AN UNCONTROLLED NUMBER OF THESE SHORT TERM VACATION RENTAL BUSINESSES COULD FORCE MANY HOTELS OUT OF BUSINESS AND PREVENT NEW HOTELS FROM OPENING. THERE'S ALSO A BIG IMPACT ON SHORT TERM ONE-FOUR MONTH RENTERS WHO LIKE TO COME IN TO OUR AREA. MANY ARE SEEING THESE BEING TURNED INTO SHORT TERM VACATION RENTALS. THERE IS THE DANGER OF THE POOL IN MY FENCED YARD, THE BACK PATIO AND ENTERTAINMENT AREA FACES MY HOME AND THE GUESTS CAN EASILY SEE THE FEW. MY FEAR IS THAT A GUEST MIGHT DECIDE TO COME OVER THE FENCE AND TAKE A SWIM. AN ADULT UNDER THE INFLUENCE COULD CREATE A REAL TRAGEDY AND I WANT TO AVOID THAT. THE OWNER HAS CONFIRMED HE WILL HAVE NO PROBLEM WITH PLANTING A 7-FOOT FOLIAGE BARRIER AGAINST HIS FENCE. BUT I WILL ALSO PLAN ON MY SIDE OF THE FENCE AND HEDGE BETWEEN THE DRIVEWAYS TO ENSURE ANY ACCESS WOULD BE EXTREMELY DIFFICULT. I DO SPEAK FROM EXPERIENCE, AS A CHILD, I PULLED
[04:35:05]
A CHAIR TO THE FENCE AND WANTED TO SEE THE PUPPY NEXT DOOR, AND GOT HURRIED WHEN I LANDED ON THE OTHER SIDE.I COULD EASILY BE HELD LIABLE IF SOMEONE WERE HURT ON MY PROPERTY. THANK YOU SO MUCH FOR YOUR TIME.
>> ALL RIGHTY. NOW I'D LIKE THE APPLICANT TO COME FORWARD. AND YOU HAVE THREE MINUTES FOR REBUTTAL.
>> FOR THE RECORD, IT'S MICHELLE LONGARZO. I'M SORRY. I'M GETTING TIRED. 715 SOUTH OCEAN DRIVE UNIT D.
>> JONATHAN JOSEPH. 1801 PLOEFR AVENUE.
>> AND YOU WERE SWORN IN, RIGHT? OKAY.
>> OKAY. WITH REGARDS TO THIS APPLICATION AS FAR AS REBUTTAL GOES, I WOULD LIKE TO OBJECT ON ALL OF THESE PEOPLE COMING IN AS EXPERT WITNESSES. THERE'S NO CURRICULUM VITAES ON THESE PEOPLE. THEY DON'T HAVE A REPORT THIS IS HAPPENNG EVEN IN REGARDS TO FLOODING AND STUFF. IF THERE'S ISSUES ON FLOODING, OF COURSE THEY SHOULD CONTACT THE DEPARTMENT OF WORKS. THIS HAS NOTHING TO DO WITH MR. JOSEPH OVER HERE. THAT WOULD BE ON YOU GUYS. WITH REGARDS TO, LIKE, ALL THESE OTHER DOGS AND -- THIS HAS ALL BEEN -- WE HAVE A PRECEDENCE HERE. WE ALREADY HAVE SHORT TERM RENTALS ALREADY CURRENTLY WORKING. WHETHER IT BE A ONE-ONE OR WHETHER IT BE A SINGLE FAMILY HOME. THE PRECEDENCE HAS ALREADY BEEN STATED. SO IF ALL THESE PEOPLE WERE VERY CONCERNED THEY PROBABLY SHOULD HAVE COME OUT A COUPLE OF YEARS AGO WHEN THIS PROCESS STARTED. WHEN I STARTED THIS A LONG TIME AGO. I'M GOING TO PASS THIS OVER TO MR. JOSEPH.
>> I JUST WANT TO ADDRESS A NUMBER OF THINGS THAT WERE SAID BY SOME OF THE PEOPLE HERE. I WANT TO ADDRESS THE FIRE HYDRANT THAT SITS ON THE CORNER OF MY FRONT YARD. NOW SOMEHOW PEOPLE ARE TRYING TO MAKE A FIRE HYDRANT INTO SOME TYPE OF A PROBLEM. BUT TO ME, IT'S A SAFETY FEATURE. I ALSO WANT TO ADDRESS THE LIGHTING ON PLOVER AVENUE. THERE ARE TWO STREET LIGHTS ON PLOVER AVENUE BETWEEN WALNUT AND SOUTH OCEAN DRIVE.
ONE SITS ON THE CORNER RIGHT ACROSS THE STREET ON EUGENE COCHRAN'S YARD. HE'S ALREADY INDICATED THAT HIS HOUSE IS DIRECTLY ACROSS THE STREET FROM MINE. THE LIGHT IS SO BRIGHT I DON'T HAVE TO TURN ON MY HOUSE LIGHTS AT NIGHT. THE OTHER STREET LIGHT SITS ABOUT 300 FEET EAST OF MY HOUSE. THE ENTIRE AREA OF MY HOUSE IS WELL LIT. ALL OF THESE NONSENSE OF PEOPLE COMING UP HERE SPEWING JUST DOESN'T MAKE SENSE AND IT HAS ABSOLUTELY NOTHING TO DO WITH THE LAW. I SPENT A LOT OF MONEY ON MY HOUSE. I ABSOLUTELY INTEND ON USING IT FOR THE PURPOSE IN WHICH I PURCHASED IT. AND I WOULD HOPE THAT YOU ALL WOULD HELP ME AS A PROPERTY OWNER PRESERVE MY PROPERTY RIGHTS. I HAVE NO INTENTION OR DESIRE TO OFFEND ANYONE. YET, I WOULD NOT TOLERATE BEING OFFENDED BY EVERYONE ON MY BLOCK. AND THAT'S EXACTLY WHAT'S HAPPENING NOW WITH THE INTIMIDATION, HARASSMENT, BIGOTRY AND DISCRIMINATION THAT IS HAPPENING ON THE BLOCK RIGHT NOW. AND I'M SAYING THIS TO YOU ALL BECAUSE AS THE LEADERS IN THE COMMUNITY, I BELIEVE YOU HAVE A RESPONSIBILITY TO ADDRESS IT AND WE ALL KNOW THAT DENIAL IS THE MOST PREDICTABLE OF ALL HUMAN RESPONSES. SO EVERYONE WANTS TO SAY, OH NO, THAT'S NOT IT. THAT'S NOT HAPPENING.
>> THANK YOU, SIR. THANK YOU VERY MUCH. WE ARE CLOSING THE PUBLIC HEARING. AND WE ARE NOW READY FOR DELIBERATION.
>> MY FELLOW COMMISSIONERS, DID YOU HEAR, IS THERE AN HOA -- IS
THIS AN HOA? >> THAT WAS MY EXACT QUESTION, MADAM MAYOR. CAN SOMEONE HELP ME? STAFF.
>> COMMISSIONER. >> I DO LIVE IN THE SURF SIDE ASSOCIATION. AND ALL THE FOLKS ON BOTH EAST AND WEST SIDE OF A1A IN THAT AREA BELONG TO A PRIVATE BEACH ASSOCIATION, WHICH IS NOT AN HOA. YOU PAY YOUR $50 A YEAR AND YOU CAN GO AHEAD AND GO TO YOUR PRIVATE BEACH. THEY HAVE ONE MEETING A YEAR. MY
[04:40:01]
WIFE'S ON THE BOARD. AND THAT'S ABOUT THE ONLY THING I KNOWABOUT IT. >> THERE'S NO DEED RESTRICTION
THAT WAS MENTIONED? >> THE ONLY RESTRICTION IS THE FACT THAT EVERYBODY THAT LIVES IN THE SURF SIDE PLAT RIGHT THERE IS RESPONSIBLE FOR PAYING THEIR DUES, THEIR FAIR SHARE OF THE DUES. THAT'S THE ONLY THING THAT I DO KNOW. I CAN'T TESTIFY TO THAT BECAUSE THEY HAD A MEETING A COUPLE OF WEEKS AGO. I SAW A PIECE OF PAPER ON THAT AND READ THROUGH IT. AND BASICALLY THE WHOLE ISSUE IS IS THAT IT'S NOT AN HOA. I DO KNOW THAT. IT IS JUST MERELY AN AGREEMENT WITH THE ORIGINAL OWNERS OF THE PROPERTY WHERE THE PRIVATE BEACH SITS THAT WE HAVE TO MAINTAIN IT ON A REGULAR BASIS OR IT WILL REVERT BACK TO THE OWNERS.
AND EVERYBODY IN THAT AREA HAS TO PAY THEIR FAIR SHARE FOR THAT. AND THAT'S THE ONLY HOA I KNOW. I'VE BEEN LIVING THERE FOR
>> YES, SIR. >> IF I MAY VERY BRIEFLY WEIGH IN. I WOULD URGE THIS COMMISSION TO ABSOLUTELY BE EXTREMELY RETICENT TO DO ANYTHING ABOUT PRIVATE DEED RESTRICTIONS. AND THE REASON WHY IS THE DEED RESTRICTION IS WRITTEN INTO THE DEED FOR THE PROPERTY OWNER. I AM NOT AWARE OF ANY HISTORY HERE IN THIS CITY NOR IN ANY OTHER CITY ANYWHERE, WHERE THE CITY COMMISSION CITY ATTORNEY, CODE ENFORCEMENT ENFORCES PRIVATE DEED RESTRICTIONS. THOSE ARE DEED RESTRICTIONS AMONGST PROPERTY OWNERS PARTICULARLY NORMALLY, AGAIN, IF THEY'RE PART OF A RECOGNIZED HOME OWNERS ASSOCIATION, CONDO ASSOCIATION, PROPERTY OWNERS ASSOCIATION. I AM SURE IN OUR CITY OF 45,000 PLUS RESIDENTS AND ALL OF THE OTHER NEIGHBORHOODS THAT WE HAVE, THERE ARE PROBABLY A LOT OF DEED RESTRICTIONS THAT ARE NOT BEING ADHERED TO OR HAVEN'T BEEN ADHERED TO POSSIBLY FOR DECADES. SO PLEASE, UNLESS YOU WANT TO CREATE NEW LAW AND/OR NEVER SEE ME AGAIN TRYING TO ENFORCE PRIVATE DEED RESTRICTIONS, IT'S NOT REALLY THE PURVIEW OF THIS COMMISSION.
IF IT IS A PURVIEW OF ANYBODY, IT WOULD BE THE PRIVATE LANDOWNER WHO IS ADVERSELY AFFECTED BY A VIOLATION OF A DEED RESTRICTION. NOT US. I UNDERSTAND IT WAS BROUGHT OUT IN
THE CONVERSATION. BUT AGAIN -- >> SO IT'S A PROBLEM BETWEEN THE INDIVIDUAL AND THE ASSOCIATION OR WHATEVER IT IS.
>> IF THERE WAS A DEED THAT SAID YOU CAN'T HAVE A FENCE TALLER THAN SIX FEET AND YOU PUT UP A SEVEN-FOOT FENCE, TYPICALLY THAT'S BETWEEN THE TWO PROPERTY OWNERS. SO I JUST WANT TO MAKE SURE WE'RE CLEAR BEFORE WE START TO GO DOWN THE PATH.
>> YUP. ALL RIGHT. COMMISSIONERS. WELL I'LL START THIS. I WROTE -- RODE DOWN PLOVER THE OTHER DAY. IT IS A NARROW STREET. THERE IS FLOODING. AND I THINK THE FLOODING I'M ASSUMING HAPPENED AS A RESULT OF THE RAIN TODAY.
IT'S A SAFE ASSUMPTION. I'M ASSUMING BECAUSE IT WAS A HEAVY RAIN TODAY. AND I DID HEAR THAT THERE ISN'T ANOTHER SHORT TERM RENTAL IN THAT PARTICULAR SURF SIDE, IS IT CALLED SURF SIDE? IN THAT PARTICULAR AREA. AND I'M NOT TALKING ABOUT ZONING. I'M NOT TALKING ABOUT ZONING AT ALL. BUT I THOUGHT SOMEBODY BROUGHT OUT A GOOD POINT ABOUT THE TRC AND THAT I'M HOPING THAT OUR TASK FORCE IS LOOKING AT THE TRC COMMENTS AND THAT PROCESS BECAUSE I DO BELIEVE THERE NEEDS TO BE CERTAINLY SOME THOUGHT GIVEN TO THAT AND SOME EDUCATION SO THE PEOPLE LOOKING AT IT KNOW WHAT THEY'RE LOOKING AT. AND KNOW WHAT THE CONSEQUENCES OF THEIR COMMENTS OR NO COMMENTS, WHAT THOSE CONSEQUENCES ARE AND IN THIS NEW CLIMATE, AND IT IS A NEW CLIMATE FOR FORT PIERCE.
EVEN THOUGH SHORT TERM RENTALS HAVE BEEN AROUND, THEY HAVE NOT -- AND OUR ORDINANCE WAS PASSED IN 2001, I BELIEVE. 2001. SO WE ARE GRANDFATHERED IN. AND SO WE CAN ABSOLUTELY APPROVE OR DENY A CONDITIONAL. WE CAN DO THAT BASED ON WHAT WE THINK IS THE RIGHT THING TO DO AND WHAT THE FACTUAL THINGS ARE INVOLVED IN THIS CASE. SO I'D LIKE TO HEAR FROM MY FELLOW COMMISSIONERS. AN
[04:45:08]
AWFUL LOT OF TALKING FILLING THE TIME.>> I'D JUST -- GOING BACK AND FORTH, AGAIN, TAKING A LOT OF NOTES. JUST TRYING TO MAKE SURE THAT I HAVE SHORTHAND WRITTEN ALL OF THE COMMENTS AND TESTIMONY THAT WAS HEARD TONIGHT. THERE WAS SOME QUESTIONS ASKED SPECIFICALLY TO THE APPLICANT OR REPRESENTATIVE EARLIER TONIGHT. AND WHAT YOU JUST STATED I JUST HAD TO BRING IT BACK FORWARD THAT ATTORNEY GENERAL AGO 2019-07 ADVISED GROUPS, INDIVIDUAL, MADE A STATEMENT, A FACT THAT WAS USED HERE IN TESTIMONY. BUT THAT WAS 2014 I BELIEVE THAT WAS USED TONIGHT. SO IT WAS BROUGHT FORTH. AND IT JUST REITERATED WHAT YOU JUST SAID ABOUT CITY OF FORT PIERCE HAVING A RESOLUTION IN PLACE, AN ORDINANCE IN PLACE PRIOR TO 2011. SO JUST WANTED TO REAFFIRM THAT. AND STATE THAT CLEARLY. I HEARD SOME TALK TONIGHT ABOUT SOME TESTIMONY TONIGHT ABOUT THE STREET, THE STREET WIDTH. I SAW PICTURES.
AND I BELIEVE THE PRESENTER SAID THAT THAT WAS FROM A RAIN STORM TODAY. I BELIEVE IS WHAT I HEARD. AT LEAST THAT'S THE WAY I WROTE IT DOWN. SO THAT'S, YOU KNOW, THAT'S A CHALLENGE. THAT'S A CONCERN. THAT'S A CHALLENGE FOR THE CITY OF FORT PIERCE.
WE'VE HEARD SOME REBUTTALS WITH IT. I ALSO, YOU KNOW, I SHOULD JUST STOP. BUT I'LL JUST SAY THIS, NO ONE KNOWS WHAT'S IN SOMEONE'S HEART EVEN THOUGH THERE HAVE BEEN SOME WORDS SPOKEN ABOUT THAT. SO THAT'S JUST UNFORTUNATE TO HEAR THAT AND TO FEEL THAT AND TO BRING EMOTION TO THAT. IT'S JUST PAINFUL AND IT'S WRONG. SO I'M GOING TO STOP THERE. 19 1/2 FOOT ROAD MEASURED BY SOME FOLKS WHO COME HERE AND TESTIFIED TO THAT.
LIGHTING HAS BEEN EXPRESSED ON BOTH SIDES OF THE AISLE HERE ABOUT THAT. AGAIN, I'M JUST GOING TO REITERATE, CITY OF FORT PIERCE IN OUR WISDOM NOT KNOWING WHAT WAS HAPPENING IN 2001 WAS GOING TO HAPPEN IN 2021. YOU KNOW, WE CREATED AND WE VOTED AS A BODY OF RESIDENTS WITH ELECTED OFFICIALS TO IMPLEMENT THE CONDITIONAL USE PROCESS. THIS IS EXACTLY WHY I BELIEVE IT'S A MODEL FOR THE STATE OF FLORIDA. IT'S EXACTLY WHY I BELIEVE IT'S IMPLEMENTED AND WE HAVE THIS OPTION SO WE CAN HAVE DIALOGUE AND DISCUSSION ABOUT HOW TO MOVE OUR OLD CITY FORWARD WITH THE -- I DON'T WANT TO USE THE WORD FLAVOR OF THE DAY -- HOWEVER THE WORLD CHANGES. IF YOU GO BACK TO THE SOUTH BEACH OVERLAY DISTRICT. I WENT BACK AND READ IT. IF YOU RECALL BACK IN THE TIMES, THIS WAS ABOUT THE MID EARLY 2000S. IF YOU'LL RECALL, I THINK WE HAD AN ISSUE CALLED -- OH MY GOSH, I JUST LOST THE WORD. CONDO. NOT CONDO ASSOCIATIONS. IT'S WRITTEN IN THE SOUTH BEACH OVERLAY DISTRICT. AND IT'S -- I'LL TELL YOU WHAT IT IS RIGHT HERE. CONDOMINIUM HOTELS. REMEMBER THE DEVELOPMENT APPLICATIONS THAT WERE COMING ALONG THE INLET? WE HAD NOTHING IN OUR CODE TO TALK ABOUT CONDOMINIUM HOTELS.
AND SO THE CITY OF FORT PIERCE WENT THROUGH A WHOLE ITERATION.
WE DIDN'T OVERLAY DISTRICT. THERE WAS A LOT OF DISCUSSION POINTS. HERE'S MY POINT. MY POINT IS USING FACTUAL DATA, TESTIMONY, USING MY LAW BOOK THAT I HAVE IN FRONT OF ME.
WHICH I BELIEVE I'M ALLOWED TO DO. A JUDGE DOES IT ACROSS THE STREET. WE CREATED CONDOMINIUM HOTEL REGULATIONS. HERE AGAIN, WE'RE TALKING ABOUT ANOTHER REGULATION. WE'RE TALKING ABOUT ANOTHER IDEA WITHIN THE COMMUNITY, WITHIN THE STATE OF FLORIDA, WITHIN THE UNITED STATES OF AMERICA CALLED SHORT-TERM RENTALS. AND WE'RE GOING TO HAVE AND WE'RE DISCUSSING MORE REGULATIONS ON SOMETHING DIFFERENT. ANOTHER FLAVOR FOR THE DAY. SO I USE THE HISTORY OF WHAT OUR CITY'S BEEN THROUGH. I USE IT FROM 1901 WHEN THE CHARTER WAS PUT IN PLACE.
CHARTER'S BEEN AMENDED. RESIDENTS AND VOTERS OF THE CITY HAVE AMENDED THE CHARTER ALONG THE WAY AS BEST THEY CAN WITH THE MOST INTUITIVE APPLICATION THAT THEY CAN POSSIBLY MUSTER UP. AND I THINK WE'RE IN THE SAME PLACE TODAY. WE HEAR BOTH
[04:50:02]
SIDES OF THE FENCE. AND HERE, AGAIN, I'M LEANING ON THE SIDE OF -- UNLESS SOMEBODY CAN CONVINCE ME THAT THEY'VE HEARD OTHER TESTIMONY THAT I SHOULD CHANGE MY MIND, THAT THIS IS NOT THE RIGHT FIT AT THIS PLACE, AT THIS APPLICATION 1801 PLOVER AVENUE. THAT'S WHERE I STAND. THANK YOU.>> SO WHAT I HEARD, MADAM MAYOR, FELLOW COMMISSIONERS, IS THIS TERM "CONDITIONAL USE." RIGHT. SO AGAIN, MY CONCERN IS THAT CONDITIONAL USE IS CONDITIONAL USE. RIGHT. SO WE GRANT CONDITIONAL USES FOR CERTAIN THINGS. AND IF CERTAIN CONDITIONS AREN'T MET, THERE'S A PROCESS TO UNDO CONDITIONAL PERMITS. AND I'M, YOU KNOW, BEING THE NEWEST OF THE COMMISSION, I'VE STUDIED THIS ISSUE. I'VE WATCHED YOU GUYS FOR TWO YEARS OR SO DURING THIS WHOLE PROCESS GO BACK AND FORTH.
I'VE SEEN YOU APPROVE. I'VE SEEN THIS COMMITTEE, THIS COMMISSION APPROVE SHORT-TERM RENTALS IN OUR CITY. AND I'VE WATCHED DISCUSSIONS AND THEY WERE VERY PASSIONATE ON BOTH SIDES. AND THEN I LOOK AT IT SITTING HERE NOW AND TRYING MY BEST TO INTERPRET WHAT THE LAW IS SAYING AND WHAT A LAW LIES WITH THIS AND HOW DO WE LOOK AT THAT, AND HOW DO WE WEIGH LOCAL ORDINANCE VERSUS THINGS THAT MAY OR MAY NOT SUPERCEDE THE ORDINANCES WE HAVE. AND THE CONFUSION THAT CAUSES LITIGATION. IT MAY CAUSE ON ALL PARTS, I MEAN, PEOPLE HAVE THE RIGHTS ON BOTH SIDES.
THOSE THAT ARE LOOKING TO GET THEIR APPLICATIONS APPROVED, AND THOSE THAT LIVE IN THOSE NEIGHBORHOODS. AND CERTAINLY, IT'S ONE THAT I DON'T CONSIDER LIGHTLY. BUT I ALSO HAVE TO BE CAUTIOUS WITH, YOU KNOW, THE HEAVINESS OF GOVERNMENT. AND SO I LOOK AT THIS AND LOOK AT IT FROM THE ASPECT OF BOTH A PERSON AS A RESIDENT THAT GREW UP HERE. ALSO UNDERSTAND THE PROGRESSION.
BUT I ALSO UNDER THE LAWS THAT ARE WRITTEN THE WAY THEY'RE WRITTEN TODAY AND WHAT THEY SAY WE CAN AND CANNOT DO. AND I KNOW WE'RE GOING TO GET THIS RIGHT EVENTUALLY. WE'VE GOT A COMMITTEE THAT'S LOOKING AT THIS. AND I THINK WE'RE PROBABLY CLOSER THAN WE PROBABLY THINK. I'VE HEARD ARGUMENTS ABOUT RIGHT NOW CURRENTLY TODAY IN THAT NEIGHBORHOOD THERE IS AN ISSUE OF SPEEDING. PEOPLE USING IT AS A SIDE STREET. PROBABLY A COUPLE OF MONTHS AGO WHEN IT WAS A LITTLE BIT OF A BROUHAHA OVER THERE IN THAT AREA. THERE WAS PROBABLY SOME CHALLENGES FROM THAT. THAT'S JUST REGULAR OLD FORT PIERCE, AND THERE WERE ISSUES THEN. YOU KNOW, SHORT-TERM RENTALS ARE WIDELY BEING LOOKED AT A LOT OF DIFFERENT PLACES. AND WHAT I KNOW FROM MY EXPERIENCE IS THAT THOSE RATINGS, THOSE COMMENTS ON THOSE PARTICULAR PLATFORMS ARE LOOKED AT AND VIEWED HEAVIER THAN WHAT WE BELIEVE AS A COMMISSION. THEY WEIGH A LOT.
AND IF THINGS START TO BECOME AN ISSUE, THE HOMEOWNERS ARE USUALLY THE FIRST TO PULL IT BECAUSE THEY CAN'T GET RENTALS IN THERE AS A RESULT OF ISSUES THAT HAVE SURFACED. AND SO I -- WHEN PEOPLE SAY THAT THEY'RE SUPER HOST, THERE'S A TRACK RECORD THAT GOES WITH THAT, THAT YOU CAN LOOK AT THOSE THINGS TO SEE THAT PARTICULAR POINT. SO I SEE BOTH SIDES WITH THIS THING.
I DON'T KNOW IF WE'RE GOING TO GET THERE TONIGHT. I DON'T KNOW IF WE HAVE ALL THE INFORMATION. AGAIN, MUCH LIKE WE'VE HEARD BEFORE AND I'VE SAID BEFORE BASED ON MY INTERPRETATION OF THE LAW, IT IS REALLY THE POINT THAT, YES, PEOPLE ARE EXPERTS.
YOU LIVE IN YOUR NEIGHBORHOOD. I UNDERSTAND THAT. BUT AGAIN, SUBSTANTIAL EVIDENCE IS THE EVIDENCE THAT I'M GOING TO NEED TO COME DOWN THAT I CAN SAY THIS IS WHY I DENIED THIS AND I
HAVEN'T REACHED THAT POINT YET. >> SO ONE OF THE THINGS THAT I WANTED -- I WAS THINKING WHEN MS. LONGARSA WAS TALKING ABOUT THE FACT OF WHAT A SUPER HOST WAS AND EVERYTHING.
>> YES, MA'AM. >> ALL OF THAT IS JUST THE PEOPLE THAT ARE STAYING THERE, RIGHT?
>> YES, MA'AM. >> SO IT'S NOT THE NEIGHBORS THAT ARE WEIGHING IN. IT'S NOT ANYBODY ELSE. SO IT'S ALL ABOUT THE BUSINESS AND MAKING SURE THE BUSINESS IS DOING THE RIGHT THING. IT IS A BUSINESS LISTENING TO ITS CUSTOMERS OR ITS FUTURE CUSTOMERS. AND IT IS NOT ABOUT WHAT ANYBODY ELSE THINKS IN TERMS OF THAT NEIGHBORHOOD. AS FAR AS I KNOW.
[04:55:01]
BECAUSE I DON'T GO ON THOSE PLATFORMS OFTEN. I'VE HEARD ABOUT IT. THAT'S JUST ONE THING I WANT TO PULL OUT. YEAH, THAT'S A GOOD BUSINESS DECISION. BECAUSE IT IS A BUSINESS. AND IT'S AN INVESTMENT. AND I THINK MR. JOSEPH, IF HE HAS PUT A LOT OF MONEY IN THIS HOUSE, AND I WOULD LOVE FOR HIM TO LIVE HERE IN FORT PIERCE. NOT FORT ST. LUCIE OR WHEREVER IT IS. THIS IS A GREAT PLACE TO LIVE. WE KNOW. COMMISSIONER PERONA.>> THIS IS INTERESTING. EACH ONE OF THESE APPLICATIONS STAND ON THEIR OWN. I THOUGHT IT WAS REALLY INTERESTING. THERE WAS ONE GENTLEMAN SPECIFICALLY LIVED ON THE BLOCK FOR 20 SOME YEARS.
EUGENE COCHRAN. SPOKE ABOUT THE ROAD CONDITION AND THE LOOPING TO THE PARK. I THOUGHT THAT WAS KIND OF INTERESTING. YOU KNOW, THE TRAFFIC. AND I DO KNOW THAT HAPPENS. AND I DON'T -- MY ATTORNEY IS GOING TO START GETTING JITTERY HERE IF I START TESTIFYING MYSELF. SO I'M JUST GOING TO SAY THAT WE ARE ALL ELECTED FROM DIFFERENT DISTRICTS BECAUSE WE HAVE A CERTAIN KNOWLEDGE OF WHAT HAPPENS WITHIN THAT DISTRICT. I WAS JUST LOOKING ON MY PHONE WITHIN THE LAST YEAR, THE GLENESS WHO LIVED ON PLOVER BURNED UP MY PHONE BECAUSE OF THE ROAD CONDITION OVER THERE. I WENT OVER THERE. GOT THE CITY ENGINEER INVOLVED WITH THE WHOLE THING. AND THAT ROAD IS ON THE TOP OF THE LIST OF ROADS THAT ARE DETERIORATING AND FALLING APART IN THE CITY OF
>> I MEAN, I'M TELLING YOU, IT IS. I KNOW THAT TO BE SO. IF IT'S RAINING, WE ALL KNOW NOT TO GO DOWN THE ROAD. AND IT IS USED TO STAGE BECAUSE WE HAVE SUCH LIMITED PARKING AT JC PARK.
SOMETIMES YOU'LL SEE PEOPLE GO AROUND THE BLOCK, AROUND THE
BLOCK, AROUND THE BLOCK. >> YEAH.
>> IT MIGHT BE SOMEWHAT OF A STRETCH BUT WE HAD DENIED THESE APPLICATIONS ON ISSUES LIKE THIS. ESPECIALLY WHEN OUR ROADWAYS ARE TOTALLY FALLING APART. AND I HAVE THE ENGINE HERE AND THAT WASN'T PROPOSED HERE TONIGHT. BUT THIS IS KNOWLEDGE THAT I HAVE THAT THAT ROADWAY IS CONSIDERED ONE OF THE MOST DEPLORABLE ROADS WE HAVE. AT LEAST ON SOUTH HUTCHISON ISLAND. YOU SEE THE FLOODING FROM THE HOUSE. IT IS ON US TO BE ABLE TO FIX THAT. AND IT IS ON THE LIST. I AM CONCERNED ABOUT THAT. IF I COULD HAVE ANYTHING NEGATIVE TO SAY ABOUT THIS PARTICULAR ISSUE, IT WOULD BE THAT.
>> I HAVE A QUESTION AND IT'S NOT TO BE ANSWERED, I DON'T THINK. IT'S A THOUGHT THAT ENTERED MY MIND AS COMMISSIONER WAS TALKING. YOU KNOW, IF THIS WERE A DEVELOPMENT APPLICATION AND WE WERE IN THE CONDITIONAL USE PROCESS IN DEVELOPMENT APPLICATION, I KNOW EXACTLY WHAT STAFF AND THIS COMMISSION WILL BE PLACING ON THAT DEVELOPER. TO TALK ABOUT EXACTLY WHAT YOU JUST MENTIONED. WE HAVE A UNDER SIZED ROADWAY THAT DOESN'T DRAIN AND IT'S FALLING APART. GUESS WHAT MR. AND MRS.
DEVELOPER IS GOING TO DO? >> FIX IT.
>> YOU GOT IT. CONDITIONAL USE IS A CONDITONAL USE. SO THAT'S PART OF THIS. PART OF THIS. YOU KNOW. IN MY MIND, THIS PROCESS, YOU KNOW, YES, THE APPLICATION TAKES SUBSTANTIAL -- FACTUAL EVIDENCE. AND I'M STRUGGLING, AGAIN, BECAUSE I BELIEVE THAT AN APPLICANT COMING TO THE CITY, COMING TO PETITION THE RESIDENTS OF THE CITY HAS TO PROVE BEYOND A SHADOW OF A DOUBT THIS IS THE BEST THING EVER. THIS IS THE BEST THING EVER. THIS IS WHY I WANT TO BE HERE. THIS IS WHAT IT'S ABOUT. AND THE CITY HAS SAID YEAH, YOU CAN DO ALL THESE THINGS. HERE'S HOW WE GO THROUGH LIFE AND MEANDER THROUGH THE APPLICATION PROCESS. THIS IS HOW WE DO IT IN THE CITY OF FORT PIERCE. SO WHILE YOU NEED THAT COMPETENT SUBSTANTIAL EVIDENCE GETTING US TO A POINT OF APPROVING OR DISAPPROVING AT THE SAME TIME, I FEEL LIKE THE APPLICATION SHOULD STAND ON ITS OWN. IT SHOULD TELL US WHY IT'S THE BEST THING. IF WE DIDN'T HAVE ALL THAT OVERWHELMING DATA AND THAT INFORMATION, I DON'T THINK THE FOLKS WOULD BE HERE TONIGHT. THEY'D BE LIKE, YEAH, THAT SOUNDS GOOD. A GOOD POTENTIAL, YOU KNOW. A GOOD PERCENTAGE AND POTENTIAL FOR THE FOLKS TO NOT BE HERE OR TO BE HERE TALKING ABOUT IT. SO YOU
[05:00:05]
KNOW, I JUST GO BACK TO THE IDEA OF, YOU KNOW, WE'RE SO USED TO THIS DEVELOPMENT APPLICATION PROCESS. THIS IS AN APPLICATION PROCESS. AND YOU KNOW, THE FOLKS THAT ARE PETITIONING THIS COMMUNITY HAVE TO TELL US WHY. IT IS GOOD AND WITHIN THE RULESTHAT ARE ESTABLISHED. >> MADAM MAYOR, AGAIN, THIS IS A CONDITIONAL APPLICATION IN TODAY'S TIME, TODAY'S LAWS, TODAY'S ORDINANCES. SO I THINK WE NEED TO LOOK AT THAT AND UNDERSTAND THAT. AND YOU KNOW, I'VE MET WITH MY ATTORNEY HERE AT THE CITY TO MAKE SURE I'M VERSED ON THE ORDINANCES, ET CETERA, WITH THIS. AND AGAIN, I HEAR YOUR ARGUMENT, COMMISSIONER. BUT TODAY'S ORDINANCES AND THINGS THAT WE HAVE SAID AND MOTION AS A PRECEDENT THROUGHOUT THE CITY OF FORT PIERCE, IT IS WHAT IT IS. BECAUSE THESE HAVE BEEN APPROVED IN THE CITY OF FORT PIERCE. AND I THINK WE NEED TO REALLY MAKE SURE. SOMEONE MENTIONED EARLIER TO MAKE SURE WE DO OUR HOMEWORK AND THINK ABOUT IT AND CUT ONCE. BECAUSE WHATEVER WE CUT, WHATEVER WE DO IS GOING TO HAVE LONG TERM APPLICATIONS EITHER WAY IT GOES. WE'VE ALREADY MADE SOME PRECEDENT ALREADY. BUT YOU KNOW, IT'S JUST A CONCERN, A CAUTION THAT I HAVE. AND I'VE HEARD TESTIMONY TODAY SAYING NO TO SHORT-TERM, BUT OKAY TO LONG
TERM. YOU KNOW, I DON'T KNOW. >> NO, YOU KNOW --
>> IT'S SOMEBODY STAYING THERE FOR SOME PERIOD OF TIME. RIGHT.
SO YOU KNOW, I UNDERSTAND. I ALSO UNDERSTAND HOW THESE THINGS WORK. THERE ARE WEEKENDS THAT THESE HOUSES GO UNRENTED BECAUSE PEOPLE DON'T TRAVEL OR DON'T STAY OR WHATEVER. I DON'T KNOW.
>> THAT'S INTERESTING THAT YOU BROUGHT THAT UP BECAUSE I THINK THAT'S AN IMPORTANT POINT. WE HAVE APPROVED SHORT TERM. WE'RE NOT AGAINST SHORT TERM RENTALS. WE'VE APPROVED THEM. AND WE HAVE APPROVED THEM AND EVERY SINGLE ONE OF THEM HAS BEEN AN INDIVIDUAL CONDITIONAL USE WHERE WE'VE EVALUATED THE NEIGHBORHOOD, THE BUILDING, THE PARKING, AND SAID, YEAH, THIS -- SO WE'RE NOT AGAINST THEM IN CONCEPT. WE'RE NOT AGAINST THEM.
WE ARE -- AND IF YOU, AGAIN, LOOK AT THE SITING OF THE ONES WE'VE APPROVED, THEY'RE ALONG MAJOR ARTERIES. FOUR TO SIX APARTMENTS. SO THE CONDITIONAL USE PROCESS DOESN'T JUST SAY WE HAVE TO DO WHAT WE HAVE TO DO. IT SAYS THINK ABOUT IT AND THINK ABOUT THAT. IS THIS APPROPRIATE? IS THIS RIGHT? IS THIS GOING TO FIT? YOU KNOW, AND I DON'T BEGRUDGE THEM. BUT THEORETICALLY, THIS IS A BIG MONEY-MAKER FOR SOMEONE. THIS IS AN INVESTMENT. THIS IS A BUSINESS AND THEY'RE MAKING MONEY. AND ALL POWER TO THEM. AND IN THE RIGHT PLACE, I WANT THEM TO MAKE MONEY AND I WANT VISITORS TO COME TO FORT PIERCE AND ENJOY IT IN THE RIGHT PLACE AND THE RIGHT SITUATION. BUT THAT SHOULD NOT HAPPEN AT THE EXPENSE OF AN ESTABLISHED OLDER NEIGHBORHOOD WHERE PEOPLE ARE CONCERNED ABOUT THEIR NARROW STREETS AND THEIR GRANDKIDS AND THEIR OWN WALKING. AND WHAT THE TRAFFIC IN AND OUT OF THAT NEIGHBORHOOD, WHAT ALL THAT THAT IMPLIES FOR THAT PARTICULAR AREA. I HAVEN'T SAID THE WORD ZONING. I'M NOT TALKING ABOUT ZONING. I'M TALKING ABOUT WHETHER IT'S APPROPRIATE IN THAT PLACE AND ALL THE SPECIFICS THAT
GO TO THAT PARTICULAR PLACE. >> CONDITIONAL USE DEFINITION.
>> YES, RIGHT. SO I HAVE A DOCUMENT HERE THAT SOMEBODY NEEDS TO MAKE A MOTION. YOU CAN APPROVE THE CONDITIONAL USE WITH STAFF CONDITIONS AS STATED. YOU CAN APPROVE THE CONDITIONAL USE WITH STAFF CONDITIONS AS STATED AND ADD THEM, OR YOU CAN MOVE TO DENY THE CONDITIONAL USE IN SUPPORT -- AND IN SUPPORT STATE THE FOLLOWING SPECIFIC FACTS AND COMPETENCE SUBSTANTIAL EVIDENCE FOUND IN THE RECORD, SUPPORT THE MOTION TO DENY.
[05:05:04]
>> LET ME KNOW IF YOU NEED THE SLIDE BACK UP.
>> I DON'T. THANK YOU. >> MADAM MAYOR.
>> YES, SIR. >> FELLOW COMMISSIONERS. I MOVE FOR THE CONDITIONAL USE OF PLOVER AVENUE WITH THE STATED
CONDITIONAL USE TERMS AS STATED. >> WITH STAFF CONDITIONS.
>> WITH STAFF CONDITIONS, YES, MA'AM.
>> IS THERE A SECOND? IS THERE A SECOND? AYES FOR LACK OF SECOND.
>> MADAM MAYOR. >> COMMISSION PERONA.
>> YES, I MOVE TO DENY THE FOLLOWING USE -- SUPPORT THE MOTION TO DENY THAT THE ROAD KNOWN AS PLOVER HAS UNSAFE CONDITIONS AND IS CURRENTLY REGISTERED ON THE CITY'S LIST OF
DETERIORATING ROADS. >> IS THERE A SECOND?
>> SECOND. >> CALL THE ROLL, PLEASE.
>> COMMISSIONER C JOHNSON. >> NO, MA'AM.
>> COMMISSIONER J JOHNSON. >> YES, MA'AM.
>> COMMISSIONER PERONA. >> YES, MA'AM.
>> OKAY. >> THE NEXT ITEM IS AN APPLICATION FOR CONDITIONAL USE WITH NO NEW CONSTRUCTIONS SUBMITTED BY PROPERTY OWNER ANDRES GARNAZIO AND SANTIAGO SAHILL, AND APPLICANT MICHELLE LONGARSO TO OPERATE A RENTAL LOCATED AT 1507 FABER COURT. SINGLE FAMILY INTERMEDIATE
RESIDENTIAL R2. >> MS. COX, DO WE HAVE A
[05:10:03]
HANDOUT? >> YES, MA'AM, I'M SORRY.
>> JERRY OLDERHOF REPRESENTING THE APPLICANTS. CAN WE JUST GET A COUPLE OF MINUTES TO GET SET UP. AND I HAVE A QUESTION OR TWO THAT I NEED TO ASK OF THE CITY ATTORNEY BEFORE WE START. MAYBE THIS WOULD BE A GOOD TIME FOR BREAK FOR FIVE MINUTES?
>> WOULD YOU LIKE TO HAVE A BREAK, MR. SWEENEY.
>> I'D LIKE TO CALL A BRIEF RECESS. NOT INTERACT WITH
ANYBODY. >> SO WE'RE GOING TO RECESS FOR FIVE MINUTES. FIVE MINUTES. AND I'M GOING TO BE STRICT ABOUT
THAT. >> ABSOLUTELY. I'M NOT GOING ANYWHERE. WE'RE NOT GOING ANYWHERE.
>> YOU'VE SET IT ON THE TIMER. YUP.
[e. Quasi-Judicial Hearing - Application for Conditional Use with No New Construction submitted by property owner, Andres Guarnizo and Santiago Suhail and applicant, Michelle Longarzo, to operate a Vacation Rental with a rental period of 30 days or less located at 1507 Faber Court. The property is zoned Single-family Intermediate Residential Zone (R-2). Parcel ID: 2401-605-0057-000-8.]
TO READ THE AGENDA ITEM. >> YES, THIS IS A QUASI JUDICIAL HEARING FOR AN APPLICATION FOR CONDITIONAL USE WITH NO NEW CONSTRUCTION SUBMITTED BY PROPERTY OWNER ANDRES GUAMAZO, AND SANTIAGO SOHEIL, AND APPLICANT LONGARSA. THE PROPERTY ZONED SINGLE FAMILY INTERMEDIATE RESIDENTIAL R2.
>> MR. SWEENEY, DO YOU WANT TO ONCE AGAIN READ OUR
INSTRUCTIONS? >> MADAM MAYOR, I BELIEVE EVERYBODY WAS HERE. I'VE SEEN BOTH COUNSEL FOR THE APPLICANT, AS WELL AS COUNSEL FOR THE INTERVENER. I THINK IT WILL BE OKAY TO DISPENSE. HOWEVER, AT THIS TIME I WOULD ASK ONCE AGAIN THE APPLICANT WOULD ENTERTAIN A -- HAS REQUESTED A CONTINUOUS.
-- CONTINUANCE. >> SO THE APPLICANT IS MS.
>> GARY OLDERHOF, THE PAPERWORK HAS BEEN SUBMITTED. THERE'S A DISCREPANCY WITH THE AGENDA ITEM.
>> MR. OLDHOF. >> YOU'RE SPEAKING FOR THE
>> ALL RIGHT. I GOT IT. >> THANK YOU.
>> ARE YOU INTERESTED IN A CONTINUANCE?
>> WE ARE NOT INTERESTED IN A CONTINUANCE. WE MADE THIS
APPLICATION BACK IN SEPTEMBER. >> JUST A SIMPLE YES OR NO WILL
DO. SIMPLE YES OR NO WILL DO. >> SO AT THIS POINT I WOULD ASK COUNSEL FOR THE INTERVENER TO COME FORWARD AND VERY BRIEFLY SUMMARIZE HIS MOTION AS YOU SUBMITTED FOR THE CONTINUANCE.
>> YES, SIR. >> CHIP AND TERRY SCHAFFER. I THANK MR. SWEENEY FOR ALLOWING ME TO BRING THIS UP TO YOU, MADAM MAYOR, COMMISSIONERS, STAFF. I SENT IT OUT AND I HOPE YOU'VE HAD A CHANCE TO READ MY REQUEST TO CONTINUE THIS. AND I THINK I'VE SAT THROUGH THESE, THE TWO PROCEEDING HEARINGS. AND I THINK IT'S JUST UNDERSCORED THAT YOU WOULD BE BETTER SERVED BY LETTING YOUR TASK FORCE MAKE SOME RECOMMENDATIONS TO YOU.
PERHAPS SEE WHAT HAPPENS WITH THE PENDING LEGISLATION. THERE WERE SO MANY THINGS THAT CAME UP TONIGHT THAT UNDERSCORE THE IMPORTANCE OF GETTING THIS RIGHT. THE GRANT WRITER, AND I APOLOGIZE, I CAN'T REMEMBER HER NAME, IT'S LATE. TALKED ABOUT L HACK AND A HACK, THE AFFORDABLE HOUSING COMMITTEE. CONSIDERING THAT AN IMPORTANT ITEM. I HOPE THAT YOU WILL ALLOW A LITTLE TIME. WE DON'T HAVE TO TAKE A LOT OF TIME. MR. OLDERHOF SAID THAT HE -- THAT THE APPLICATION WAS MADE IN SEPTEMBER. BUT I DON'T KNOW THAT THERE'S BEEN ANY EFFORT TO GET THIS SET UNTIL
[05:15:05]
TONIGHT. I DON'T -- IT WASN'T THAT LONG AGO THAT IT WENT THROUGH THE PLANNING BOARD. IT COULD HAVE BEEN PUSHED BEFOREHAND. THERE'S A LOT THAT YOU HAVE TO CAN ARE IN MAKING YOUR DECISION IN THESE CASES. I HOPE YOU'LL GIVE US A LITTLEMORE TIME TO DEVELOP THAT. >> MADAM MAYOR.
>> YES, SIR. >> ARE YOU GOING TO CONTINUE -- I WAS JUST GOING TO ASK YOU DO YOU HAVE A RECOMMENDATION FOR A CONTINUANCE TIME FRAME SINCE YOUR REQUEST IS A CONTINUANCE,
IS THAT WHAT I'M UNDERSTANDING? >> YES. YOU ALL KNOW BETTER THAN I DO, AND PERHAPS STAFF CAN HELP WITH WHAT'S HAPPENING WITH THE TASK FORCE. BUT HOW IT'S MOVING ALONG. YOU CAN ASK THEM. I CAN'T
QUESTION THEM NOW. 30 DAYS. >> OKAY. MADAM MAYOR, MAY I ASK THE APPLICANT ALSO, THE REPRESENTATIVE.
>> SURE. >> THE REQUEST HAS BEEN MADE TO A CONTINUANCE, HE SAID NO, OBVIOUSLY, THE APPLICANT DID.
BUT IF WE ARE GOING TO DISCUSS THAT, WHICH IT SEEMS LIKE WE ARE
>> THEN I WOULD LIKE TO HAVE RECOMMENDATIONS FROM BOTH SIDES.
OR DISCUSSIONS FROM BOTH SIDES. I'VE HEARD MR. YATES.
>> YES. I CAN. >> MADAM MAYOR, MEMBERS OF THE COMMISSION, THERE'S NOTHING IN THIS MOTION FOR CONTINUANCE THAT HAS ANYTHING AT ALL TO DO WITH ANYTHING THAT SHOULD BE CONSIDERED AS A BASIS FOR CONTINUING THIS. THIS IS JUST PUSHING IT OFF INTO THE FUTURE TO SEE IF SOMETHING HAPPENS AND SOMETHING IS DONE. I CAN ATTEST THAT WE DID MAKE EFFORT TO GET THIS ON A SOONER AGENDA. AND I BELIEVE THAT THE PLANNING DIRECTOR CAN ALSO CONFIRM THAT WE DID SEEK TO GET THIS ON AN EARLIER AGENDA THAN THIS ONE. THIS WAS THE AGENDA THAT WE WERE ACCOMMODATED FOR. BUT THERE IS NO BASIS, THERE'S NO BASIS FOR MAKING THESE FOLKS WAIT ANY LONGER TO GET A DECISION MADE ON THEIR APPLICATION. WE'RE GOING TO SHOW YOU. THEIR APPLICATION MEETS ALL THE CRITERIA OF THEIR ORDINANCE.
THEY ARE AGREEING TO CONDITIONS THAT WILL COVER EVERY ISSUE THAT FOLKS ARE RAISING HERE. AND THEY SHOULD HAVE THEIR CHANCE TO BE HEARD TONIGHT. SO WE WOULD NOT BE WILLING FOR ANY KIND OF A
>> I'VE ALWAYS FOUND THAT DELAYS IN THINGS LIKE THIS CAN ONLY
HAVE NEGATIVE EFFECTS. >> THANK YOU.
>> I DISAGREE WITH MR. OLDERHOF. KIND OF TESTIFYING HERE IN FRONT OF YOU. I SUBMIT THAT THAT CAN'T BE CONSIDERED. I ASK YOU TO TAKE THE TIME TO GET IT RIGHT. 30 DAYS IS NOT GOING TO PREJUDICE MR. -- THE APPLICANTS. THEY'RE IMPORTANT DECISIONS. YOU CAN GET GOOD INFORMATION IN 30 DAYS. AND I ASK YOU TO -- ONE THING IS I'M NOT AN ADMINISTRATIVE LAWYER. I'M NORMALLY ON 2ND STREET. AND I SCREWED UP. I DIDN'T SEND MR. SWEENEY THE -- ALL THE ARTICLES THAT I THINK ARE INSIGHTFUL AND THAT THE COMMISSION CAN CONSIDER TO MAKE YOUR DECISION. THE REST OF IT I CAN PROBABLY GET THROUGH WITHOUT IT. BUT I THINK IT REALLY GOES TO WHAT YOU CAN CONSIDER ALONG WITH EXPERT TESTIMONY. THAT WILL HELP YOU MAKE A GOOD DECISION IN THIS CASE THAT YOU CAN DEFEND IF MR. OLDERHOF TRIES TO SECOND GUESS YOU.
>> THANK YOU, SIR. COMMISSIONERS, DO YOU HAVE ANY
INTEREST IN -- >> I HAVE A QUESTION.
>> SURE. >> THIS IS HINGED TO THE TASK FORCE, I DON'T THINK THERE'S ANY WAY IN THE WORLD THE TASK FORCE IS GOING TO BE EVEN CLOSE TO READY IN 30 DAYS. REALLY, THIS IS JUST 30 DAYS TO BE ABLE TO DEVELOP A DEFENSE OR WHATEVER IT IS THAT THEY'RE DOING. BUT I DON'T UNDERSTAND THE RELEVANCE TO THE TASK FORCE. I THINK MR. MIMS TOLD US BY THE TIME THIS THING BECOMES ANYTHING OF ANY SUBSTANCE AT ALL WOULD BE AUGUST
OR SEPTEMBER. IS THAT CORRECT? >> THAT IS CORRECT, SIR. YOUR
[05:20:06]
RECOMMENDATION WOULD BE COMING FROM A TASK FORCE IN JUNE. THAT IS JUST A SIMPLE RECOMMENDATION. CONTINUING FURTHER, THERE WILL BE ADDITIONAL FORMAL APPROVALS THAT YOU WILL HAVE TO CONSIDER MOVING FORWARD. AND I DON'T BELIEVE THAT'S GOING TO GET TO YOU UNTIL SEPTEMBER OR OCTOBER.>> SO BACK TO THAT, THERE WAS TWO ISSUES. ONE WAS THE TASK FORCE. THE OTHER IS THE ABILITY TO BE ABLE TO DEVELOP A FORMAT, A DEFENSE AND WHATEVER ELSE. I THINK THAT'S THE ONLY REAL ISSUE THAT'S IN FRONT OF THIS COMMISSION.
>> ANY OTHER COMMISSIONER HAVE ANY OTHER IDEAS?
>> NO, MAYOR, I DON'T HAVE ANOTHER IDEA. BUT I KNOW IN THE REQUEST, I BELIEVE THEY WERE TALKING ABOUT THE LEGISLATURE MEETING. BECAUSE THEY ARE MEETING RIGHT NOW.
>> TWO WEEKS IT'S GOING TO BE ADJOURNED.
>> AND THERE'S SB 5 SOMETHING. >> 22.
>> 522. YEAH. YEAH. YEAH. >> SO THAT MAY MAKE A DIFFERENCE
>> AND WE HAVEN'T HAD AN INTERVENER PARTY ON THE PREVIOUS
>> WE HAVEN'T HAD THAT IN A WHILE.
>> JUST AS A SIDE NOTE, IT WOULD BE NICE TO HAVE FIVE OF US TO MAKE A DECISION IN CASE JUST IN THE REMOTE CASE THAT WE END UP
IN A TIE. >> YEAH, BECAUSE WE ARE BEGINNING TO RECOGNIZE THAT OUR COMMISSION IS HAVING TROUBLE DEALING WITH THINGS IN A TIMELY FASHION BECAUSE WE ONLY HAVE
>> AND IT IS BECOMING OF CONCERN. AND DUE TO NOBODY'S FAULT AT ALL, BUT JUST IT'S A SITUATION WE'RE FACED WITH. SO IS THERE ANYBODY THAT WANTS TO MAKE A MOTION OR SHALL WE CONTINUE ON WITH THE HEARING?
>> MADAM MAYOR, I'LL MAKE A MOTION THAT WE CONTINUE THIS FOR 30 DAYS. I GUESS WE NEED A DATE CERTAIN.
>> SECOND MEETING IN MAY. >> SECOND MEETING IN MAY. WHICH
IS A -- >> APPROXIMATELY 30 DAYS. I'LL GIVE YOU THE DATE IN JUST A MINUTE.
>> I WOULD LIKE A DATE, SIR. >> I BELIEVE IT'S MAY 17TH.
MADAM CLERK WILL BE ABLE TO CONFIRM FOR US.
>> MAY 17TH. AT 4:30. >> I HAVE A QUESTION.
>> CAN I GET A SECOND? TH. - >> SECOND.
>> QUESTION. >> COMMISSIONER, DID I HEAR YOU CORRECTLY WHEN YOU SAID WE'VE BEEN DOWN AN INTERVENER PROCESS
BEFORE. >> YES, THAT'S RIGHT. IT WAS AN APPLICATION FOR THE CUMBERLAND FARMS. [STANDBY]
* This transcript was compiled from uncorrected Closed Captioning.