May 17, 2021 City Commission Regular Meeting

>> COMMISSIONER C JOHNSON YES, MA'AM J. JOHNSON YES, MA'AM COMMISSIONER PERONA YES, SIR AND MAYOR HUDSON

>> YES, MA'AM. >> AND I'M GOING TOE TEAM TO TALK TO MR. ALEXANDER. HE'S TALKING WITH MY OFFICE RIGHT NOW AND SAYS HE HASN'T RECEIVED ANY CALLS SO WE'RE GOING TO TRY THIS AGAIN.

>> ALL RIGHT, WE HAVE YOU THIS TIME.

>> I AIN'T BEEN MISSING. >> I TRIED TO CALL YOU.

[a. Presentation by Tom Kindred, Regional Director of IRSC Small Business Development Center's activities]

I MUST HAVE HAD THE WRONG NUMBER.

WE'RE ON MISCELLANEOUS REPORTS RIGHT NOW AND WE'RE GOING TO INVITE MR. TOM KIDRED OF THE IRSC SMALL BUSINESS DEVELOPMENT

TO COME FORWARD. >> DO YOU HAVE A LEAD IN FOR

THIS? >> GNOME, I DO NO NOT.

>> MR. KIDRED, WELCOME. >> I'M COME KIDRED.

WITH ALL THAT OUR SMALL BUSINESSES HAVE BEEN GOING THROUGH OVER THE LAST YEAR AND AS THEY CONTINUE TO DEAL WITH THE CHALLENGING MARKETPLACE. I WANTED TO ENSURE THAT OUR REGIONAL POLITICAL LEADERSHIP WAS INFORMED AND UP TO DATE AS TO WHAT YOUR SPDC IS OUT THERE DOING IN THE MARKETPLACE.

DO WE HAVE THE POUR POINT? >> I BELIEVE SO.

I BELIEVE IT WAS SENT TO THE CLERK SO IT MAY BE PART OF THE

AGENDA. >> DO YOU WANT IT ON THE SCREEN?

>> SURE, THAT WOULD BE GREAT IF YOU'VE GOT IT.

>> YOU'RE GOING TO HAVE TO WORK IT.

>> I CAN WORK IT. I HAVE THE SKILLS.

[00:20:54]

>> >> ALL RIGHT,ALL RIGHT, JUST VE.

WE DEPLOY THIS SERVICE THROUGH A TEAM OF ABOUT NINE PERMANENT CONSULTANTS. WE HAVE CONSULTING SERVICES IN ANY ASPECT OF BUSINESS, FINANCIAL, INTERNATIONAL TRADE, GOVERNMENT CONTRACTING, SALES AND MARKETING, DIGITAL MEDIA.

SO, AGAIN, A VERY ROBUST PROGRAM AVAILABLE HERE ALONG THE TREASURE COAST AND THE MOST IMPORTANT THING TO REMEMBER ABOUT THE SBDC IS ALL OF THOSE SERVICES ARE PROVIDED BY NO COST, WE'RE FUND BID THE SBA. THERE'S OUR PERMANENT MEMBERS OF OUR TEAM. AS THE MARKETPLACE CONTINUES TO DEAL WITH THE ON GOING RAMIFICATIONS OF THE PANDEMIC, THERE ARE NINE CENTERS, WE'RE ONE OF THE NINE, WE CONTINUE TO PROVIDE SPORT AND ASSISTANCE. SINCE MARCH OF LAST YEAR, THE SBDC NETWORK HAS PROVIDED $208 MILLION IN STATE AND FEDERAL ASSISTANCE INCLUDING THE PPP THE IDBL AND SEEING DRAMATIC INCREASES IN OUR SERVICES. 43% INCREASE IN HOURS DELIVERED, 129% INCREASE IN THE NUMBER OF BUSINESSES WE SERVED AND ABOUT A 60% INCREASE IN DEMAND FOR THE SERVICES.

TO BETTER I UNDERSTAND THE OBSTACLES AND THE EFFECTS THIS PANDEMIC HAD ON THE SMALL BUSINESS COMMUNITY, THE FLORIDA SBDC NETWORK PARTNERED WITH THE SHAMEER FOUNDATION TO CONDUCT A COVID-19 IMPACT SURVEY OF SMALL BUSINESSES.

SOME OF THE HIGHLIGHTS OF THAT SURVEY, OF COURSE, AS YOU CAN IMAGINE, LEISURE AND HOSPITALITY SERVICES WERE THE HARDEST HIT.

MORE THAN 50% OF FLORIDA'S SMALL BUSINESSES HAD TO CLOSE FOR SOME PERIOD OF TIME AND 40% OF THOSE BUSINESSES CLOSED PERMANENTLY.

ABOUT 45% ARE CONCERNED ABOUT OPERATING IN THE FUTURE AND 85% OF THOSE BUSINESSES REPORTED A LOSS IN REVENUE, A DECLINE IN REVENUE. I WON'T GO THROUGH ALL OF THESE.

I WOULD BE HAPPY TO PROVIDE YOU WITH THE SURVEY.

ABOUT 65% OF THE BUSINESSES THAT RESPONDED TO THE SURVEY HAD TO ADD EXPENSE TO MITIGATE THE PUBLIC SAFETY RISK, ALMOST 50% EXPERIENCED SOME CLOSURE, LIKE WE SAID.

43% HAD TO CHANGE THEIR BUSINESS MODEL.

ABOUT 40% HAD TO LAY YACHT OR DISPLACE EMPLOYEES AND ABOUT 90% OF THOSE SHOWED A LOSS IN REVENUE.

IN TERMS OF THE FUNDING, THE MOST POPULAR THAT EVERYONE HEARD ABOUT WAS THE PP PUNISHES A AND. ABOUT 30% OF THE BUSINESSES APPLYING FOR AN EIDL RECEIVED IT.

ABOUT 55% OF BUSINESSES ARE CONCERNED ABOUT CONTINUING OPERATIONS. 70% ARE CONCERNED ABOUT ADDITIONAL COSTS AND ABOUT 70% ARE CONCERNED ABOUT THAT LOSS OF REVENUE. HERE'S JUST SOME LOCAL IMPACT FROM OUR CENTER ACROSS THE FOUR COUNTIES, THE TREASURE COAST, AND IT'S AT THIS POINT I DO WANT TO OFFER A THANK YOU TO YOU, ESPECIALLY TO YOU, THE HARDSHIP, ADMINISTRATIVE AND POLITICAL LEADERSHIP OF THE CITY OF FORT PIERCE.

I DON'T BELIEVE THERE WAS ANY MANDATE OR LAW THAT REQUIRED YOU TO CREATE GRANT PROGRAMS OR SUPPORT GRANT PROGRAMS BUT YOU DID. THIS POLITICAL BODY SHOWED VISION AND LEADERSHIP AND SHOWED AN AWFUL LOT OF SUPPORT FOR ITS SMALL BUSINESS COMMUNITY WHEN YOU CREATED THE GRANT PROGRAMS YOU DID AND WE WERE HAPPY AND HONORED TO HELP AND SUPPORT

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THOSE IN ANY WAY WE COULD. SO JUST SOME HIGH POINTS ON OUR IMPACT. 6000 HOURS OF CONSULTING WAS PROVIDED ACROSS THE REGION. WE HELPED BUSINESSES GAIN ACCESS TO ABOUT $14.3 MILLION IN CAPITAL.

OUR GOVERNMENT CONTRACTS I THINK OUR FINAL NUMBER WAS ABOUT $94 MILLION. WE HELPED OUR CLIENTS GAIN IN GOVERNMENT CONTRACTS, WORKED WITH 727 CLIENTS.

OF THOSE, 193 ARE LONG TERM SO THIS IS NOT A ONE AND DONE TYPE PROGRAM. MANY OF THESE CLIENTS STAY WITH US FOR A NUMBER OF YEARS AS THEY GROW.

THE FLORIDA SBDC IS THE PRINCIPAL POINT OF IMPACT FOR THE SMALL BUSINESS LOAN ACTIVATED TUESDAY, MARCH 17TH.

WE IMMEDIATELY RETURNED TO WORK AND HELPED PEOPLE GAIN AQ TESE TO THAT. WE FUNDEDCCESS TO THAT. WE FUNDED 74 OF THOSE AND IN THOSE SMALL EMERGENCY BUSINESS BRIDGE LOANS.

WHILE WE SUPPORTED AND HELPED ACROSS THE COUNTY, WE WERE DEEPLY ENGAGED IN ST. LUCIE COUNTY AND YOU CAN SEE THE NUMBER THERE IS. WE'RE OVER THE $1.6 MILLION AND WE HELPED ST. LUCIE COUNTY REVIEW AND PROCESS THAT PROGRAM.

WE WERE MAN DATAED TO SPENT 75% OF THE DOLLARS WHICH WE DID.

WE HIRED CONSULTANTS STILL ON OUR TEAM.

WE HIRED A TECHNOLOGY SPECIALIST, WE HIRED A DIGITAL MEDIA MARKETING SPECIALIST. WE HIRED AN HR SPECIALIST, A STRATEGIC PLANNIC SPECIALIST, A FINANCING SPECIALIST AND AN ACCOUNTING SPECIALIST. WE DOUBLED THE SIZE OF THE TEAM.

YOU CAN CALL US OR WRITE US. IT'S A VERY SIMPLE REGISTRATION PROCESS TO BECOME A CLIENT AND GET ENGAGED.

HOW DO WE LIT FOLKS KNOW WHAT'S GOING ON? WE HAVE A VERY UNIQUE PARTNERSHIP AND MEMBERSHIP WITH MAGAZINES. THAT MAGAZINE IS DEDICATED TO ALL THINGS BUSINESS ACROSS THE TREASURE COAST.

WE HAVE FEATURED ARTICLES ABOUT ANYTHING AND EVERYTHING IN TERMS OF BUSINESS AND, OF COURSE, FEATURE OUR MUNICIPALITIES.

WE ALSO HAVE A STATEWIDE PODCAST THAT'S A WEEKLY RADIO SHOW THAT WE PRODUCE HERE ALONG THE TREASURE COAST AND OF COURSE WE FEATURE LOCAL BUSINESSES AND THE CITY OF FORT PIERCE HAS BEEN ON THE SHOW A NUMBER OF TIMES FEATURING PROGRAMS. IN CLOSING, JUST A COUPLE OF 20 AND 21 INITIATIVES.

AGAIN, ANOTHER UNIQUE INITIATIVE, WE HAVE PARTNERED WITH ALL 5 MAIN STREET CITIES ACROSS THE REGION SPECIFICALLY LINCOLN PARK AND FORT PIERCE. WE CREATED WHAT WE'RE CALLING THE BETTER BUSINESS PROGRAM TO LAUNCH THIS PROGRAM SO WE'RE GOING TO PROVIDE FIVE NIGHTS OF TRAINING FOR LOCAL BUSINESSES AND WE HAVE TALKED AND PARTNERED WITH COLETA SCOTT.

SHE'S GOING TO PROVIDE US WITH GRANT DOLLARS TO HELP THOSE BUSINESSES THAT COMPLETE THE PROGRAM.

WE ALSO PARTNERED WITH CENTER STATE BANK TO LAUNCH OUR PROFIT MASTERY PROGRAM, WE'LL BE LAUNCHING THAT IN LINCOLN PARK OVER THE SUMMER AND THEN JUST A COUPLE OTHER HIGH POINTS, WE WERE GRANTED FUNDING TO HIRE A PERMANENT CAPITAL ACCESS SPECIALIST, SO BILL WEST IS ON BOARD WITH US NOW.

WE HAVE HIRED A MANUFACTURING SPECIALIST WHO WILL WORK DIRECTLY WITH ALL OUR REGIONS, SMALL TO MEDIUM SIZED MANUFACTURING SPECIALISTS AND CONTINUE OUR PARTNERSHIP WITH TD BANK AND ON OUR GOVERNMENT CONTRACTING SPECIALISTS WITH BANK OF AMERICA. SO THAT IS WHAT WE HAVE BEEN UP TO SINCE TUESDAY, MARCH 17TH. AGAIN, I PREACH YOUR SUPPORT AND I APPRECIATE ALWAYS, COMMISSIONER JOHNSON HAS BECOME VERY ENGAGED WITH US AND WE APPRECIATE HIS SUPPORT IN PROMOTING OUR PROGRAMS AND PARTICIPATING IN OUR PROGRAMS AND NICK MIMS AND HIS SUPPORT OF OUR PROGRAM.

WITH THAT, ANY QUESTIONS? OR I WILL LET YOU MIGHT HAVE

ONTO YOUR NEXT ITEM. >> ANY QUESTIONS?

COMMISSIONER PERONA? >> MR. KINDRED.

THE PANDEMIC WAS A GAME CHANGER. YOU AND I HAVE BOTH BEEN IN SMALL BUSINESSES BEFORE. IT'S BEEN GOING ON AND ON AND ON AND ON AND NOW THERE'S A LINE IN THE SAND AND AS A SMALL BUSINESS OWNER OUT THERE THERE ARE A LOT OF UNKNOWNS, A LOT OF CONCERNS,

[00:30:03]

HOW DOES YOUR STAFF ADAPT TO THAT AND HOW DO YOU GO FORWARD

FROM NOW? >> THAT'S A GREAT QUESTION.

AGAIN, AT ONE OF THOSE POINTS, ONE OF THOSE D DATA POINTS IN TE SURVIVE IS HOW MANY BUSINESSES HAD TO PIVOT.

WE HAVE DONE A NUMBER OF STRATEGIC PLANS FOR A NUMBER OF SMALL BUSINESSES ACROSS THE REGION.

TALKING ABOUT WHERE WE GO FROM HERE.

IT IS ABSOLUTELY ONE OF THE HIGH POINTS AND ONE OF OUR FOCAL POINTS FOR BUSINESSES. HOW DO WE MOVE ON? DO WE HAVE THE CAPITAL TO MOVE ON? IF NOT, HOW DO WE ACQUIRE THE CAPITAL? SO ABBES LAWSUITLY, IT'S THE QUESTION OF THE DAY, HOW DO THEY MOVE ON? AS EVERYONE KNOWS, THE RESTAURANT REVITALIZATION FUND IS OUT AND OPENED.

WE WERE NOT DIRECTLY ENGAGED, THAT'S A DIRECT PAY PROGRAM FROM SBA BUT WE'RE HELPING FOLKS GET ACCESS TO THOSE DOLL LARCENY, TOO. OUR HOPE IS PEOPLE TOOK ADVANTAGE OF THE GRANT PROGRAMS AND THE EIDLS AND THE PPP AND THOSE WHO MADE IT THROUGH, WE CAN WORK WITH NOW TO COME UP

WITH A GAME PLAN MOVING FORWARD. >> ALL RIGHT, GOOD.

GOOD TO HEAR. THANK YOU.

>> COMMISSIONER ALEXANDER? >> YES, MY QUESTION IS, AGAIN, WHAT IS THE CONTACT OR WHO IS THE CONTACT.

MR. KINDRED I KNOW YOU'RE SAYING OFFICES, DO YOU HAVE A NUMBER OR ADDRESS THAT PEOPLE CAN BE REFERRED TO?

>> ABSOLUTELY. YOU CAN GET US BY CALLING THAT 336-6285. KATY MOLDUNE IS THE CONTACT PERSON. WE CAN GET YOU ENGAGED AND OR I GOT A CALL JUST BEFORE I E- LEFT FOR THIS MEETING FROM SOMEONE WHO WAS DENIED THE EIDL. THEY WILL RETURN OUR CALLS EVENTUALLY. WE CAN GET ANSWERS TO THOSE KINDS OF QUESTIONS ABOUT THE LOANS SO JUST A SIMPLE CALL TO 336-6285 AND THAT WILL GET THINGS STARTED.

>> THAT'S GREAT. THAT'S GREAT.

THANK YOU. >> COMMISSIONER C. JOHNSON?

>> THANK YOU FOR PRESENTING THIS INFORMATION AND I WAS WONDERING IF YOU COULD GO BACK TO THE SLIDE WITH THE TWO LINCOLN PARK MAIN STREET AND FORT PIERCE MAIN STREET.

TALK ABOUT THOSE PROGRAMS. THOSE ARE TWO UNIQUE OFFERINGS, I THINK, FOR OUR COMMUNITY AND I WANT TO MAKE SURE THE COMMUNITY UNDERSTANDS WHAT'S GOING INTO THAT IF YOU CAN JUST SPEND A

COUPLE OF MINUTES ON THAT. >> SURE, I HAVE A UNIQUE PERSPECTIVE ON THE MAIN STREET PROGRAM BECAUSE BACK ABOUT 50 YEARS AGO I WAS THE MAIN STREET MANAGER HERE IN FORT PIERCE. THE SBDC NETWORK WAS CONTACTED AND OF COURSE THEY CONTACTED ME SAND SAID HELP US UNDERSTAND THIS PROGRAM. IT'S A NATURAL PARTNERSHIP.

THEY ASKED THAT WEEKEND CREATE A PROGRAM AND I SAID ABSOLUTELY.

WE WOULD BE HAPPY TO DO SO. WE HAVE CREATED FIVE NIGHTS OF TRAINING BASIC BUSINESS TRAINING, CUSTOMER SERVICE, FINANCE, I BELIEVE LEGAL ISSUES. I DON'T KNOW THE TOPICS, THEY MAY BE THERE. UNDERSTANDING SALES AND MARKETING, UNDERSTANDING, THAT'S TWO NIGHTS OF MARKETING, SOCIAL MEDIA IF TAUGHT'S CHANGING ENVIRONMENT O OUR WE'LL ENGAGE TO HELP THEM UPDATE THAT BECAUSE WE REALIZE THAT'S A BIG PART OF THEIR MARKETING STRATEGY.

SO, AGAIN, IT WAS A UNIQUE PROGRAM, BUT ONE THAT I UNDERSTOOD WAS IMPORTANT AND IT HAPPENS TO WE HAVE 5 MAIN STREET CITIES. IT'S NOT COSTING ANYTHING.

WE REQUESTED THE FUNDING FROM SBDC PROGRAMMING AND I CAN TELL YOU THAT THE PROFIT MASTERY PROGRAM IS EXTREMELY IMPORTANT FOR FALL BUSINESS OWNERS AND OPERATORS.

IT'S AN INTENSIVE DEEP DIVE. 16 HOURS WORTH OF TRAINING, 4 DAYS, 4 HOURS A SESSION AND IT'S A GREAT OVERVIEW OF THEIR FINANCES, HOW TO UNDERSTAND THEIR FINANCIALS AND HOW TO MANAGE THEIR FINANCIALS. I THINK COLETTA -- ONE OF THE PROBLEMS WE RAN INTO THESE GRANT PROGRAM ISES WE WANTED TO MAKE

[00:35:04]

SURE SMALL BUSINESS OWNERS HAD ACCESS TO THESE GRANTS.

IT WAS FREE MONEY TO HELP THEM SURVIVE.

THE BIGGEST PROBLEM WE HAD WAS ACQUIRING BASIC FINANCIAL REPORTS, P AND L, 2 YEARS WORTH OF P AND LS, A COMPARISON OF 19 AND 20P AND LS. ONE OF THE THINGS WE RECOGNIZED IS THAT WE NEEDED TO MAKE A BETTER EFFORT OF GETTING IN THE FIELD AND TRAINING PEOPLE. COLETTA HAD A GREAT IDEA.

SHE WAS GOING TO GIVE US GRANT MONEY TO GIVE TO THE FOLKS AFTER THE PROGRAM AND SHE WOULD LIKE US TO DEAD AT A TIME THAT FUNDING TO HELPING PEOPLE ACQUIRE A SOFTWARE LIKE QUICK BOOKS SO ALL BUSINESSES COULD HAVE ACCESS TO SOME SORT OF TECHNOLOGY THAT WOULD HELP THEM PRODUCE FINANCIALS.

>> WHAT'S THE INVESTMENT OF A BUSINESS OWNER TO PARTICIPATE?

WHAT'S THE INVESTMENT? >> THEIR INVESTMENT IS $15.

>> RIGHT. >> SO MY COMMENT, AND I WORK WITH YOU VERY CLOSELY AND THANK YOU FOR THE ACKNOWLEDGMENT, IS THAT THE COMMUNITIES THAT WE'RE TRYING TO MAKE THEM AWARE THAT THESE PROGRAMS ARE HERE TO HELP IF YOU'RE HAVING CHALLENGES, THEY'RE THERE AND THEY'RE BRINGING TO THE DIFFERENT COMMUNITIES. THERE ARE TWO DIFFERENT PROGRAMS, 1 FOR MAIN STREET, WHEN WILL THAT TAKE PLACE AND WHEN WILL LINCOLN PARK TAKE PLACE?

>> LINCOLN PARK LIKELY AT ONE OF THE BLACKBURN CENTER ROOMS.

>> AND YOU CAN JUST GO AND PARTAKE OF IT.

>> ABSOLUTELY. >> IF YOU'RE READY TO GO AND YOU WANT TO PARTICIPATE -- I THINK THAT'S WHAT I WANTED TO MAKE SURE PEOPLE UNDERSTAND, THAT THE SBD KRSHS AND MR. KINDRED AND HIS DEPARTMENT, THANK YOU FOR SUPPORTING OUR BUSINESSES.

THERE ARE A LOT OF QUESTIONS OUT THERE AND THANK YOU FOR BEING AVAILABLE TO ANSWER THESE QUESTIONS IF YOU CAN REPEAT THAT

NUMBER ONE MORE TIME. >> 336-6285.

EASY TO GET US TO. >> THANK YOU.

>> THANK YOU VERY MUCH. >> ALL RIGHT, NEXT IS THE

[11. CONSENT AGENDA]

CONSENT AGENDA. >> ANYONE WANT TO PULL ANYTHING?

>> THERE'S ONE ITEM ON THE CON SOVEREIGNTY AGENDA, ITEM

CONSEN AGENDT AGENDA, ITEM 11C. >> BRINGING THE ADJUSTMENTS FORWARD FOR THE TEAMSTERS UNION. WE TALKED ABOUT IT LAST BUDGET CYCLE AND WE DID PUT IT OFF NOW KNOWING WHAT THE PANDEMIC IS BRINGING AND NOW IT'S IN FRONT OF US SO I MOVE TO APPROVE THE

CONSENT AGENDA. >> I THINK COMMISSIONER

ALEXANDER HAS SOMETHING? >> YES, CAN YOU HEAR ME?

>> YES. >> OKAY.

THE ITEM CONCERNING 17TH STREET, SORRY TO BE SO DISCOMBOBULATED BUT I'M JUST TRYING TO MAINTAIN. WHAT ITEM IS THAT?

>> THAT IS C. >> OKAY.

I GOT IT NOW. >> ALL RIGHT.

SO -- >> SECOND

>> THERE'S A MOTION AND A SECOND.

>> CALL THE ROLL, PLEASE. >> COMMISSIONER ALEXANDER.

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

[c. Approval of North 17th Street Roadway Improvements Change Order No. 1 in the total amount of $211,431.88.]

>> YES. ITEM 11C IS APPROVAL OF NORTH 17TH STREET ROADWAY IMPROVEMENTS CHANGE ORRED NUMBER ONE IN THE

TOTAL AMOUNT OF $211,431.88. >> JUST A COUPLE OF BASIC THING

TOTAL AMOUNT OF $211,431.88. >> JUST A COUPLE OF BASIC THINGS I WOULD LIKE TO, MR. AN DRYS, WALK US THROUGH WHAT'S GOING ON HERE. I HAVE BEEN APPROACHED BY SEVERAL PEOPLE IN THE COMMUNITY ANXIOUS TO GO DOWN THE ROAD AND WHEN WE SAW THE CHANGE ORDER HERE, THERE ARE A COUPLE OF THINGS THAT MAYBE NEED CLARIFICATION AND I HAVE ONE SPECIFIC QUESTION SO I WILL LET YOU START AND THEN I WILL JUST

ASK MY ONE SPECIFIC QUESTION. >> OKAY, VERY GOOD.

[00:40:10]

[INAUDIBLE] AS FAR AS FINAL GRADING AND SODDING SO WE'RE GETTING NEAR THE END. WE WOULD LIKE TO FINISH THIS UP

VERY SOON. >> ONE OF THE ITEMS IN THERE ON THE CHANGE ORDER WAS PAVERS THAT CAME UP TO ABOUT 35.

I'M A VISUAL PERSON AND I'M TRYING TO UNDERSTAND THAT AND WHAT WE'RE GOING THERE. I KNOW EARLY IN THE YEAR WE LOOKED AT SOME OF OUR OTHER PAVER PROJECTS.

CAN YOU HELP ME UNDERSTAND A LITTLE BIT MORE ABOUT WHAT WE'RE GOING THERE AND EXPLAIN THAT? THAT WAS AN ATEAM THAT JUMPED OUT TO ME.ITEM THAT JUMPED OUT TO ME.

>> SURE, THAT WILL NATURAL WHAT WE HAVE ON 13TH STREET WHEN WE DID THE IMPROVEMENTS FROM ORANGE TO AVENUE D.

THE SIDE STREETS WE HAVE THE CROSSWALKS ACROSS AVENUE B AND CANAL TERRACE. THEY WILL HAVE THE BRICK PAVER TREATMENT TO CONTINUE THROUGH THERE SO IT WILL HAVE THE

DECORATIVE ASPECT ON THE EDGES. >> IT WON'T BE WHAT WE'RE EXPERIENCING ON D RIGHT NOW AS FAR AS HOW YOU STAMP IT, THERE'S

SOMETHING YOU'RE USE THERING -- >> NO, SIR, WE'RE STILL USING THE PAVERS BUT THE CONSTRUCTION METHOD, WE'RE DOING A FULL CONCRETE BASE SO THEY WON'T SETTLE LIKE THEY HAVE ON AVENUE

D >> AND CAUSE THE ROUGHNESS.

>> OKAY, THANK YOU. JUST WANTED TO BE CLEAR ON

>> MADAM MAYOR? >> YES, COMMISSIONER ALEXANDER?

>> WHY IS IT THE CHANGE ORDER ALMOST A QUARTER MILLION DOLLARS AND WHY IS THAT NOT SEEN BEFORE THE END OF THE ROAD?

>> WELL, COMMISSIONER, WE DID SAVE UP UNTIL THE END.

THESE ARE ITEMED THAT WERE NEEDED THROUGH CONSTRUCTION.

A LARGE PART OF THIS, IN FACT, HALF OF THIS IS THE FPUA.

THEY PUT IN A FORCE MAIN THAT WASN'T IN THE ORIGINAL PLAN.

MOST OF THIS, I THINK A HUNDRED SOME ODD THOUSAND IS THE FPUA, BUT DIFFERENT THINGS LIKE IF YOU RECALL, THERE WERE FOUR BIG BANION TREES IN THE PROJECT. THE ORIGINAL PLANS WAS HOPING TO SAVE THOSE BUT IT DISRUPTED THE DRAINAGE SO MUCH WE DID HAVE TO REMOVE THOSE SO THAT WAS A COST UP FRONT AND WE JUST CHOSE TO BRING IT ALL IN ONE CHANGE ORDER TO THE COMMISSION AT THE END.

>> I CAN UNDERSTAND THAT BUT WHY IS THE FPUA NOT IN THE BUDGET?

WHY IS IT BEFORE THE COMMISSION? >> THEY UTILIZED OUR CONTRACT TO DO THEIR WORK. SO OUR CONTRACTOR DID THE UTILITY WORK ALSO. THAT'S THE WHY IT HAS TO COME

BACK BEFORE YOU. >> BUT IT WILL BE PAID FOR BY

THE FPUA. >> THIS WAS A CHANGE THAT THEY MADE. THEY DID IMPROVEMENTS WITH THE GRAVITY, SEWER, AND THE WATER BUT THEY REALIZED THEY NEEDED TO INSTALL A FORCE MAIN ALSO SO THIS WAS A BIG COST THAT THEY DECIDED TO TAKE ADVANTAGE OF WHILE THE ROAD WAS RIPPED UP.

>> WELL, IF EVERYBODY IS SATISFIED WITH IT.

I MOVE TO APPROVE. >> SECOND.

>> THERE'S A MOTION AND A SECOND, CALL THE ROLE, POLICE.

CONTINUED FROM APRIL 19, 2021. THIS IS AN APPLICATION FOR CONDITIONAL USE WITH NO NEW CONSTRUCTION SUBMITTED BY PROPERTY OWNER A THE DRES GUARNIZO AND SANTIAGO SUHAIL AND

[a. Continued from April 19, 2021 - Quasi-Judicial Hearing - Application for Conditional Use with No New Construction submitted by property owner, Andres Guarnizo and Santiago Suhail and applicant, Gary K. Oldehoff, Esq., 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). Glynda Cavalcanti, Terry Shafer and Irving Shafer, collectively, have been granted Intervenor status and will be represented by Michael Lawlor.]

[00:45:01]

APPLICANT GARY K.OLDEHOFF -- >> THANK YOU, MADAM MAYOR.

THE CITY COMMISSION SERVES A LEGISLATURE AND CQUASI JUDICIAL BODY. PROCEEDINGS ARE LESS FORMAL THAN PROCEEDINGS BEFORE A CIRCUIT COURT BUT ARE MORE FORMAL THAN THE NORMAL COMMISSION MEETING. DECISIONS MUST BE MADE BASED ON SUBSTANTIAL EVIDENCE. COMMISSIONERS HAVE A DUTY TO CONDUCT THE QUASI JUDICIAL PROCEEDINGS MORE LIKE JUDGES THAN LEGISLATURES THAT'S WHY [INDISCERNIBLE] FOLLOWED THIS EVENING. FINALLY, 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 SHAME PER, THANK

YOU, MA'AM. >> THANK YOU.

THESE REEDINGS ARE NEW CALLED TO ORDER.

CITY CLERK PLEASE CONFIRM ADVERTISEMENT.

>> ADVERTISEMENT HAS BEEN MET. >> AS WELL AS ANY INVESTIGATIONS OR SITE ADVISES THAT HAVE BEEN CONDUCTED OR ANY EXPERT OPINIONS RECEIVED. MADAM CLERK CALL THE ROLE.

>> HAVE YOU HAD ANY EXPARTE COMMUNICATIONS ON THIS MATTER?

>> NO MA'AM I HAVEN'T. >> COMMISSIONER C. JOHNSON?

>> YES. >> COMMISSIONER J. JOHNSON?

>> YES, MA'AM. I MET WITH THE APPLICANT, THEIR LEGAL REPRESENTATIVE. IN ADDITION I MET WITH NEIGHBORS AND THE INTERVENERS AND ALSO HAD COMMENTS VIA E-MAIL FROM THE

PUBLIC. >> COMMISSIONER PERONA?

>> YES, MA'AM, WITH THE APPLICANT, E-MAILS AND IT'S IN MY NEIGHBORHOOD SO I HAVE BEEN AT THE SITE BEFORE.

>> AND MAYOR HUDSON? >> YES, MA'AM, I HAVE HAD E-MAILS AND I HAVE HAD CONVERSATIONS WITH CONSTITUENTS AND PEOPLE WHO LIVE IN THE NEIGHBORHOOD.

>> FOR THE RECORD, I HAVE HAD ALL OF THE ABOVE.

E-MAILS, PHONE CALLS, VISITS, ETC.

>> THANK YOU. >> WE WILL NOW OPEN THE HEARING ON THIS MATTER. WILL THE CITY CLERK PLEASE SWEAR

IN WITNESSES. >> WOULD ANYBODY WISHING TO SPEAK ON THIS ITEM STAND AND RAISE YOUR RIGHT HAND.

DO YOU SWEAR OR AFFIRM TO GIVE THE TRUTH, THE WHOLE TRUTH AND

NOTHING BUT THE TRUTH? >> I DO.

>> WE'LL ASK THAT YOU STATE YOUR NAME FOR THE RECORD WHEN YOU

COME FORWARD. >> THE CITY STAFF WILL NOW MAKE ITS PRESENTATION ON THIS MATTER. THIS IS THE TIME FOR QUESTIONS OF STAFF BY THE COMMISSION. STAFF HAS A MAXIMUM OF 20 MINUTES EXCLUDING ANY CROSS-EXAMINATION.

>> GOOD EVENING AND GOOD EVENING COMMISSION.

JENNIFER FOR THE RECORD. BEFORE YOU THIS AFTERNOON IS A CONDITIONAL USE APPROVAL WITH NO NEW CONSTRUCTION.

THE SITE IS LOCATED AT 1507 FABER COURT.

IT'S LOW SENSUAL RESIDENTIAL WITH THE ZONING OF SINGLE FAMILY INTERMEDIATE RESIDENTIAL REFERRED TO AS R2.

OUR RECOMMENDATION OF APPROVE COMES AFTER AN ORDINANCE ESTABLISHED IN 2001. CONDITIONS OF APPROVAL THAT ARE ADDED WHEN DESIRABLE, THAT WOULD NOT BE -- NOT BE APPROPRIATE GENERALLY OR WITHOUT RESTRICTION BUT WHICH IF CONTROLS AS TO NUMBER, AREA, LOCATION AND RELATIONSHIP TO THE NEIGHBORHOOD WOULD NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, COMFORT, GOOD ORDER, APPEARANCE, AND GENERAL WELFARE.

SUBJECT APPLICATION HAS NO CODE ENFORCEMENT OR POLICE VIOLATIONS. SUBSEQUENT [INDISCERNIBLE] LAWS WHICH PREEMPTED MOST REGULATIONS, THERE ARE CERTAIN RESTRICTIONS THAT WE CANNOT. OUR LOCAL LAWS AND ORDER NINETIESS MAY NOT PROHIBIT VACATION RENTALS OR REGULATE THE DURATION OF FREQUENCY. STAFF RECOMMENDED APROVE PROVELPROVE, MAYBE ONLY AVAILABLE AT ALL TIMES AND MUST BE REGISTERED WITH THE CITY OF FORT PIERCE, THAT GUIDE BOOKS AVAILABLE SHALL BE MADE AVAILABLE TO THE

[00:50:04]

RENTERS. THREE, THE APPLICANT SHALL FILE AND OBTAIN THE BUSINESS TAX LICENSE WITHIN 30 DAYS OF THE RESAVING STATE LICENSE. THERE SHOULD BE A LIMITATION OF NO MORE THAN TWO VEHICLES ON THE SITE AND THE CITY OF FORT PIERCE TAX LICENSE MUST BE INCLUDED ON ALL ADVERTISING.

AT THE PLANNING BOARD MEETING OF NOVEMBER 10TH, THAT SHOULD BE 20 -- GOSH, THAT WAS A WHILE AGO, OKAY, RECOMMENDED DISAPPROVAL FOR THE FOLLOWING REASONS.

THE PROPERTY IS IN A NEIGHBORHOOD NOT ACCURATE DESCRIBED IN THE REPORT AND IS NOT COMPATIBLE WITH THE PROPOSED USE. THE PROPOSED USE WOULD BE VERY INAPPROPRIATE IN THAT AREA AS IT'S A DEAD END CUL-DE-SAC.

IT WOULD AFFECT THE HEALTH, SAFETY, GOOD ORDER, APPEARANCE AND GENERAL WELFARE AND ALTHOUGH THERE WERE NO SPECIFIC VIOLATIONS ON THE PROPERTY, THE OWNER ILLEGALLY APPLIED FOR HOMESTEAD PROPERTY. AGAIN, THIS WAS THE PLANNING BOARD'S RECOMMENDATION. CITY COMMISSION ACTION FOR THIS AFTERNOON, THIS WAS CONTINUED FROM THE APRIL 19TH MEETING TO APPROVE THE CONDITIONAL USE WITH CHANGES AND TO DISAPPROVE THE PROPOSED CONDITIONAL USE. AND I'M HERE TO ANSWER ANY QUESTIONS IF YOU WOULD LIKE. I CAN PUT THOSE CONDITIONS BACK UP ON THE SCREEN WHICH WE HAVE DONE IN THE PAST.

>> ANY QUESTIONS OF STAFF? THIS IS YOUR CHANCE.

>> COMMISSIONER PERONA. >> THANK YOU.

JUST TO BE CLEAR. SO IN 2001 [INDISCERNIBLE]

>> SO THAT WAS 20 YEARS AGO WHEN THAT HAPPENED?

>> YES, SIR. >> BEFORE THAT THERE WAS NO RULE ON IT AT ALL, SO THIS IS PROBABLY THE MOST RESTRICTION WE HAVE EVER HAD ON SHORT TERM RENTALS.

I DON'T THINK THEY EXISTED PRIOR TO THIS.

>> YEAH, IT WAS PRETTY ANY. >> COMMISSIONER ALEXANDER?

>> YES, MY QUESTION IS TO MRS. SWEENY.

IS THERE ANY OBJECTION COMING FROM YOUR OFFICE.

BECAUSE THIS IS A CUL-DE-SAC, IS THAT A REASON TO DENY? I'M JUST ASKING BECAUSE I WANT TO KNOW WHAT YOUR OPINION IS

FROM YOUR OFFICE. >> MADAM MAYOR.

SURE I FOLLOW YOUR QUESTION. THERE'S NO OPINION COMING FROM MY OFFICE. IT GOES TO THE PLANNING BOARD WHICH ISSUES A RECOMMENDATION. STAFF HAS A SEPARATE RECOMMENDATION BASED ON OUR ORDINANCES AND THEIR INTERNAL POLICIES AND ULTIMATELY THE CONDITIONAL USE HEARING HERE THAT WE'RE IN THE MIDDLE OF IS WHEN EVIDENCE COMES IN AND MUST BE EVALUATED BY YOU AS THE COMMISSION.

SO MY OFFICE DOESN'T HAVE A POSITION ON THIS OR ANY OTHER CONDITIONAL USE. I CERTAINLY WOULD ADVISE YOU, IF I THOUGHT YOU WERE BREAKING THE LAW, BUT THERE'S A DIFFERENCE.

>> THAT'S WHAT I'M ASKING. >> YES, SIR.

>> NOBODY IS BREAKING THE LAW HERE.

>> THE STATE LAW OR WHATEVER LAW, THE STATE HAS A SAY ON THIS

ALSO. >> WELL, THIS ISN'T A PER SE TYPE THING. THIS IS A CONDITIONAL USE APPLICATION BASED ON AN EVALUATION BASED ON YOU AS A COMMISSION. IT'S NOT LIKE SOMEBODY IS SPEEDING, THAT'S THE A PER SE TYPE OF THING SO IT DEPENDS ON THE EVIDENCE PRESENTED IN THIS HEARING AND WHAT YOUR ULTIMATE EVALUATION IS AS A COMMISSION.

>> ALL RIGHT. >> MR. J. JOHNSON?

>> MS. HOFFMEISTER, YOU TALKED ABOUT THE PREEMPTION AUTHORITY

[00:55:05]

THAT THE STATE APROVED AND IT TALKED ABOUT 2011.

CAN YOU GO TO THAT SLIDE THAT SHOWED THAT COMMENT? RIGHT THERE AT THE BOTTOM OF THE PAGE.

THERE'S AN ADDITIONAL SENTENCE SHAH STHAT SHOULD BE ATTACHED T IT'S IN THE APPLICANT'S PACKET. A LOCAL LAW ORDINANCE MAY NOT PROHIBIT THE DURATION OR FREQUENCY OF VACATION RENTALS.

THIS PARAGRAPH DOES NOT APPLY TO ANY LOCAL LAW ORDINANCE OR REGULATION ADOPTED ON OR BEFORE JUNE 1ST OF 2011.

DID THE CITY OF FORT PIERCE ADOPT THIS BEFORE JUNE 1ST OF

2011? >> YES, WE DID PASS THAT.

>> I JUST WANTED TO MAKE SURE. BASED ON YOUR RECOMMENDATION, DO YOU TEND TO AGREE THAT THIS COMMISSION OR THE CITY OF FORT PIERCE COMMISSION OVER THE YEARS IN LOOKING AT EACH INDIVIDUAL CONDITIONAL USE APPLICATION HAS KIND OF GONE ALONG WITH THE STATE IN AN EFFORT TO ALLOW SOME CONDITIONS TO BE LOOKED AT JUST AS MR. SWEENY JUST TALKED ABOUT, HOW INDIVIDUAL APPLICANTS COME FORWARD? IS IT YOUR OPINION THAT THE CITY OF FORT PIERCE HAS WORKED AT NOT PROHIBITING OR REGULATING THE DURATION AND FREQUENCY AS FAR AS OUR REGULATIONS OR RECOMMENDATIONS? DO YOU UNDERSTAND WHAT I'M

ASKING? >> I DO AGREE WITH THAT STATEMENT. WE HAVE ABIDED BY THIS STATE

STATUTE. >> EVEN THOUGH WE DIDN'T HAVE TO BASED ON THE NEXT PART OF THE SENTENCE IN THE FLORIDA STATUTE.

>> THAT'S A FAIR STATEMENT. >> OKAY, THANK YOU.

THANK YOU, MA'AM. >> THAT'S AN INTERESTING POINT.

THANK YOU. ANY OTHER QUESTIONS OF STAFF? THIS IS YOUR LAST CHANCE OF STAFF.

OKAY. ALL RIGHT.

NOW I WOULD LIKE THE APPLICANT TO COME FORWARD AND IT IS NOW TIME FOR CROSS-EXAMINATION OF STAFF.

EACH WILL HAVE THE OPPORTUNITY TO ASK QUESTIONS OF STAFF, TIME IS LIMITED TO 5 MINUTES EACH. DOES THE APPLICANT HAVE ANY

QUESTIONS OF STAFF? >> YES, I DO AND I DO HAVE A COMMENT AND A QUESTION THAT I WOULD LIKE TO HAVE ANSWERED BY THE CITY ATTORNEY TO HELP JUST FOR THE RECORD.

I WANT TO BE SURE THAT WE HAVE, AS THE APPLICANTS, HAVE THE ABILITY TO CROSS EXAMINE ANYBODY THAT GIVES TESTIMONY TO THIS COMMISSION TONIGHT. IT'S OUR RIGHT UNDER THE LAW GOVERNOR QUASI JUDICIAL REPEATINGS.

I'M NOT GOING TO DO ANYTHING THAT'S ILLEGAL, BUT IT'S ALSO A RIGHT THAT WE'VE GOT AND I'M GOING TO BE ASKING SPECIFICALLY FOR A REASONABLE PERIOD OF TIME TO ASK THE QUESTIONS THAT I NEED TO ASK OF EACH PERSON AND THAT I NOT BE RESTRICTED CERTAINLY GIVEN THE FACT THAT I HAVE A PACKAGE OF 300 PAGES OF DOCUMENTS AT LEAST FROM THE INTERVENERS THAT I'M GOING TO BE LIMITED TO 5 MINUTES. THAT'S UNREASONABLE.

I THINK THAT'S CONSTITUTIONALLY UNREASONABLE.

>> MR. SWEENY? >> TO BREAK THIS DOWN INTO TWO PARTS, THESE ARE THE PROCEDURES THAT WE HAVE ADOPTED.

I BELIEVE THEY'RE IN CONFORMANCE WITH THE LAW.

I BELIEVE IT'S APPROPRIATE THAT THE TIME LIMIT FOR 5 MINUTES OF QUESTIONING OF STAFF RIGHT NOW AS OUTLINED IS WHAT THE APPLICANT GETS. AS FAR AS ANY PUBLIC COMMENTS, WE HAVE NOT ALLOWED NOR DO WE HAVE PROVISION IN ANY OF OUR RULE RESOLUTION OR PROCEDURE TO ALLOW FOR CROSS SCAM NATION OF INDIVIDUAL PUBLIC COMMENTERS, ALTHOUGH THEIR COMMENTS ARE PART OF THE RECORD, AGAIN, THEY ARE NOT OF ANY DIFFERENT CALIBER THAN THE GENERAL PUBLIC. THE ONLY PEOPLE WHO HAVE SPECIAL STANDING ARE THE APPLICANT, A RECOGNIZED INTERVENER AND STAFF AND THOSE ARE THE ONLY PEOPLE THAT ARE ABLE TO BE GIVING TESTIMONY AND ALSO BE CROSS EXAMED.

SO THE ANSWER, FROM MY PERSPECTIVE IS THAT THE APPLICANT AS WELL AS THE INTERVENER WILL HAVE 5 MINUTES INDIVIDUALLY AND ECONOMIC COMMENT WILL COME AND GO EACH WD TO THE END WHERE CLOSING COMMENTS WILL BE MADE SO THAT'S

THE POSITION. >> MADAM, CHAIRMAN, AS LONG AS

[01:00:04]

THAT PEOPLE COME AND SPEAK TO YOU THAT ARE NOT WITH THE INTERVENER AND THAT I DON'T HAVE AN ABILITY TOO EXAMINE TO TEST THE ACCURACY OF THOSE STATEMENTS, THOSE STATEMENTS CANNOT FORM A FACTUAL BASIS. OF ANY KIND TO SUPPORT THE DECISION THAT YOUDEKIND TO SUPP THAT YANY KIND TO SUPPORT THE DN THAT YOU MAKE THAT WOULD BE FINE.

OTHERWISE I NEED TO RIGHT TO TEST THE ACCURACY OF WHAT THESE SPEAKERS ARE SAYING. I DON'T EXPECT ANYTHING DIFFERENT, I WOULD JUST MAKE THAT NOTE FOR THE RECORD.

THERE'S ONE OTHER THING THAT I WOULD LIKE TO ADDRESS BEFORE I ASK ANY QUESTIONS AND IT IS VERY, VERY IMPORTANT BECAUSE I DON'T WANT THIS MEETING AND THIS ACTION BY THIS CITY COMMISSION TO APPEAR TO BE UNSEEMLY ANY MORE THAN THAN IT HAS TO THIS POINT. IN THE RECOMMENDATION THAT'S COME FROM THE PLANNING BOARD, THE PLANNING BOARD HAS MADE ONE OF THEIR RECOMMENDATIONS AND THEIR RATIONALES FOR THE RECOMMENDATION THAT THE APPLICANTS WERE VIOLATING THE LAW AND THEY WERE VIE LAIDERS OF THE LAW, THAT IS SLANDER.

THAT WAS SLANDEROUS. IT WAS CLAIMED AT THAT MEETING THAT MY CLIENTS HAD ILLEGALLY OBTAINED A HOMESTEAD EXEMPTION ON THEIR PROPERTY AND THAT THEY HAD ILLEGALLY APPLIED FOR AND RECEIVED SUCH AN EXEMPTION FOR THEIR PROPERTY AND THAT WAS

KNOWINGLY FALSE. >> MADAM MAYOR.

THIS IS LEADING TOO PRESENTATION OF THE APPLICANT'S CASE --

>> IS THIS YOUR 5 MINUTES ASKING STUFF?

>> I JUST DON'T WANT THAT TO COME UP AGAIN.

EACH TIME IT COMES UP AND IT APPEARS IN YOUR RECORD, IT'S ANOTHER SLANDER AND I JUST WANT TO MAKE SURE THAT WE PUT THAT ASIDE. I HAVE THE EVIDENCE THAT I CAN

PROVIDE TO YOU SHOW -- >> DO YOU HAVE OTHER QUESTIONS

OF STAFF? >> YEAH, I DO HAVE A QUESTION OF STAFF. THIS APPLICATION WAS REVIEWED BY THE ST. LUCIE COUNTY FIRE DISTRICT, CORRECT?

>> YES, SIR, PART OF OUR TECHNICAL VOIT REVIEW COMMITTEE.

>> AND THE DISTRICT, ISN'T IT TRUE THEY DID NOT HAVE ANY OBJECTION TO THIS APPLICATION WRNING THE WIDTH OF THE ROAD OR

THE LOW KATHS OF THE ROAD? >> THAT'S CORRECT, THEY DID NOT.

>> THANK YOU VERY MUCH. ANY QUESTIONS OF STAR?

>> JUST FOR THE RECORD I'M GOING TO STATE THAT WAS GARY OLDEHOFF.

>> MARK, I REPRESENT THE INTERVENERS, QUESTION FOR STAFF.

DID THE FIRE COMMISSION VISIT THE PROPERTY?

>> NOT TO MY KNOWLEDGE, SIR. >> DID THEY VISIT THE ROAD?

>> NOT TO MY KNOWLEDGE? >> OKAY.

>> WHO IS ON THE PLANNING BOARD THAT RECOMMENDED DENIAL OF THE

APPLICATION? >> THE BOARD DID.

THEY VOTED ON IT. >> DO WE HAVE A LIST OF THE MEMBERS OF THE BOARD? DO WE KNOW WHO IS ON THE BOARD?

>> I DO NOT -- I HAVE THAT INFORMATION I CAN PULL IT FROM

THE AGENDA. >> HOW MANY MEMBERS ARE ON THE

BOARD? >> SEVEN.

I DON'T KNOW HOW MANY WERE PRESENT AT THAT MEETING BUT I

CAN PULL THE AGENERAL DACHLT >> IT WAS VERY CLEAR THEY HAD A LOT OF REASONS TO REJECTOVER RECOMMEND TOR RECOMR RECOMOR RECOMMEND TO REJECT THIS APPLICATION.

>> I CANNOT -- >> BASED ON WHAT YOU PUT ON THE SCREEN. LET'S JUST GO THROUGH THIS.

IT'S IN A NEIGHBORHOOD THAT'S NOT ACCURATELY DESCRIBED IN THE REPORT AND IS NOT COMPATIBLE WITH THE PROPOSED USE.

PROPOSED USE WOULD BE VERY INAPPROPRIATE WITH AN AREA THAT'S DEAD END CUL-DE-SAC AND WOULD CAUSE DETRIMENT TO THE SAFETY OF THE NEIGHBORHOOD. ALTHOUGH THERE ARE NO SPECIFIC VIOLATIONS -- I WILL SKIP THE REST.

>> THANK YOU. >> BECAUSE I AGREE.

IF THERE'S NO -- >> ANY OTHER QUESTIONS OF STAFF?

>> SO IN THE EVENT THE PLANNING BOARD MAKE IT IS RECOMMENDATION TO DENY, WHY DOES STAFF HAVE AN OPPOSITE VIEW?

>> BECAUSE WE BASE OUR DECISIONS ON COMPLIANCE WITH THE CODE OF

ORDINANCES. >> JUST THE CODE, NOT NECESSARILY THE LOCATION OF THE HOME AND THE RECOMMENDATION OF

THE PLANNING BOARD. >> WELL, SIR, WHEN WE CREATED THE CONDITIONAL USE APPROVAL PROCESS FOR VACATION RENT.S IT WAS VOTED ONALS IT WAS VOTED ON IN OUR USE TABLE THAT YOU WERE ABLE TO CONSIDER CERTAIN DISTRICTS VACATION

RENTALS. >> CORRECT, BUT IT'S A DISTRICT LEVEL BUT WHEN WE LOOK AT A SPECIFIC HOME ON A SPECIFIC STREET AND THE LOCATION OF THAT HOME AND THE IMPACT OF THAT HOME

[01:05:01]

IN A CUL-DE-SAC AND THE IMPACT OF SAFETY WHO RECOLLECTS IS CONSIDERING THAT? THE PLANNING BOARD OR YOUR TEAM?

>> WE BASE IT ON OUR CODE COMPLIANCE AND THE POLICE HAVE

ALSO LOOKED AT THAT. >> HAVE THE POLICE VISITED THE

HOME? >> I REALLY DO NOT KNOW THE METHOD IN WHICH OUR TECHNICAL REVIEW COMMITTEE MAKES THEIR DECISIONS, THEY COULD GO OUT TO THE SITE, THEY COULD JUST LOOK AT THE RECORDS THEY HAVE FOR SAFETY VIOLATIONS AND WHATNOT, BUILDING PERMITS, HOW THE BUILDING WAS APPROVED.

I DON'T KNOW HOW THEY GO ABOUT DOING THAT.

I BASE IT ON THEIR PROFESSIONAL KNOWLEDGE AND SKILL

>> WE DON'T KNOW IF THEY VISITED THE HOME, IF THE FIRE DEPARTMENT VISITED THE HOME. ARE THERE REQUIREMENTS BY THE

FIRE DEPARTMENT. >> THE TECHNICAL REVIEW COMMITTEE IS USED FOR THE PURPOSE OF ALLOWING OUR AGENCY PARTNERS AND OUR TECHNICAL EXPERTS IN THEIR GIVEN FIELDS TO GIVE US THEIR FEEDBACK. WE DO NOT DICTATE HOW THEY REVIEW. WE ASK THEM TO GIVE US THEIR FEEDBACK AND THAT'S WHAT WE HAVE TODAY.

THE PLANNING DIRECTOR DOES NOT KNOW HOW THEY REVIEWED.

SHE WAS NO KNOWLEDGE AS TO HOW THAT OCCURRED.

>> RIGHT. OKAY.

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

>> THANK YOU, SIR. ALL RIGHT.

STAFF HAS NOW COMPLETED YOUR PRESENTATION AND YOU MAY BE EXCUSED. THE APPLICANT WILL NOW MAKE ITS PRESENTATION ON ITS MATTER. THIS IS TIME OF THE QUESTIONS OF THE APPLICANT. PLEASE PROCEED.

IDENTIFY YOURSELF. >> QUESTIONS ARE EXCLUDED.

>> YES, THANK YOU. [INDISCERNIBLE]

>> I'M GARY OLDEHOFF. I'M GOING TO FIRST ASK MS. GAURNIZO TO COME UM AND SPEAK BUT I WAS TRYING TO REDUCE THE LEVEL OF CONFLICT WHEN I SAID WE'RE NOT HERE TO TAKE MORE SLANDER, THESE ARE GOOD FOLKS AND THEY'RE HERE TO MAKE AN APPLICATION THAT THEY'RE CERTAINLY ENTITLED TO DO AND THEY HAVE BEEN VERY, VERY METICULOUS AND CAREFUL AND WE HAVE BEEN ABLE TO EITHER ADDRESS MATTERS OF CONCERN OR WE HAVE BEEN ABLE TO SHOW THAT THOSE MATTERS ARE JUST NOT TRUE AND WHAT WE'RE REALLY DEALING WITH HERE IS JUST AN OPPOSITION GENERALLY TO THIS BEING AT THIS LOCATION.

LET ME ASK FIRST, I'M GOING TO ASK MS. GAURNIZO TO GIVE YOU A BACKGROUND AND THE PLAN FOR THE PROPERTY.

>> THANK YOU, SIR. >> GOOD EVENING MADAM MAYOR, THANK YOU FOR HAVING ME AND MY HUSBAND HERE AGAIN TODAY.

I'M [INDISCERNIBLE] MY NAME IS HARD TO PRONOUNCE SO YOU CAN CALL ME SUE FOR SHORT. WE VISITED THE AREA FOR THE FIRST TIME THIS SAME MONTH, MAY OF 2020.

A COUPLE OF MONTHS INTO THE PANDEMIC.

WE CAME HERE WITH OUR KIDS JUST A COUPLE OF OUR KIDS.

WE HAVE FOUR KIDS TOGETHER. OUR THREE OLDEST CHILDREN, THEY'RE YOUNG ADULTS OH SO WE HAVE A 12-YEAR-OLD AND WE FELL IN LOVESO WE HAVE A 12-YEAR-OLD AND WE FELL IN LOVE WITH THE AREA. ME AND MY HUSBAND HAVE VERY DEMANDING CAREERS. WE'RE VERY BUSINESS.

OUR FAMILY QUALITY OF LIFE LAST YEAR PREPANDEMIC WAS VERY LITTLE BUT WITH THE PANDEMIC, IT SHOOK US AND IT SHOOK US TO SLOW DOWN.

IT SHOOK US TO STOP AND SO WE CAME TO THE AREA, FELL IN LOVE, THEN WE DECIDED WE WANTED TO PURCHASE A HOME IN THE AREA TO EVENTUALLY RETIRE. WE WANT TO RETIRE YOUNG, THAT'S OUR PLAN, BUT IT WAS A HOUSE THAT WE BOUGHT AS A FAMILY PROJECT AND WITH ALL OF OUR FOUR KIDS, WE PUT IN A LOT OF LOVE INTO THIS HOUSE. WE WANT TO LIVE HERE EVENTUALLY.

WE WANT TO CONTRIBUTE TO THE CITY OF FORT PIERCE.

RIGHT NOW, IT'S A LITTLE DIFFICULT FOR US BECAUSE WE HAVE A 12-YEAR-OLD, BUT IN THAT TIME WHAT WE WOULD LIKE TO DO IS RENT OUR HOUSE WHEN WE'RE NOT USING IT BECAUSE WE DO WANT TO USE IT FREQUENTLY. IT'S NOT LIKE WE DEATH IT AS AN INVESTMENT PROPERTY TO RENT IT AND FORGET IT KIND OF DEAL.

[01:10:01]

WE WANT TO USE THE HOUSE AND RENT IT WHEN WE'RE NOT USING IT TO OTHER FAMILIES JUST LIKE US WHO WANT TO EH JOAN THE AREA.

MY HUSBAND IS A VET, RETIRED MILITARY, MY SON IS ACTIVE DUTY RIGHT NOW, HE'S GOING 8 YEARS IN.

WE HAVE A HUGE FAMILY OF ACTIVE DUTY RETIRED MILITARY FAMILY SO MY HIS CONTRIBUTES A LOT TO THE VETS AND WE WANT TO DONATE TIME TO DISABLED VETS TO THE HOUSE AS WELL.

GOD GAVE US OUR BLESSING WE WANT TO BLESS OTHERS WITH THIS BLESSING. SO THIS IS WHY WE'RE ASKING FOR IT. WE WANT TO BE VERY SELECTIVE ON WHO STAYS IN OUR HOUSE BECAUSE WE WANT OUR HOUSE TAKEN CARE OF AND WE ALSO WANT THE NEIGHBORHOOD PROTECTED AS WELL.

WE AGREE, WE'RE NEIGHBORS, TOO. WE OWN A HOME.

WE LIVE IN A NEIGHBORHOOD AND WE LIVE IN A SMALL COMMUNITY AND WE ALSO WATCH OUT FOR OUR NEIGHBORHOOD AS WELL, BUT ME AND MY HUSBAND WE ALSO CONTRIBUTE TO SOCIETY AND WE WANT TO ALSO BRING THAT EVENTUALLY UP TO FORT PIERCE AS WELL, EVENTUALLY.

SO THAT'S BASICALLY ME AND MY HUSBAND'S PLAN.

THAT'S OUR INTENTION. WE DO WANT TO RELOCATE TO FORT PIERCE EVENTUALLY. HOPEFULLY NOT TOO LONG BUT SOON BUT THIS IS WHY WE'RE APPLYING FOR THE APPLICATION USE, OKAY?

>> THANK YOU. >> THANK YOU.

>> I'M GOING TO GO THROUGH THE IMPORTANT PARTS ABOUT THE APPLICATION AND THE PROCESS AND THE LAW AND I WANT TO POINT OUT AS I'M GOING THROUGH, WE HAVE TAKEN A LOT OF PAINS TO GIVE YOU AS MANY DOCUMENTS AS WE COULD SO THAT YOU WOULD HAVE AS MUCH INFORMATION AS WE COULD GIVE YOU AND BOTH IN REGARD TO HOW WE ARE COMPLYING WITH THE ORDINANCE, HOW THE CONDITIONAL USE THAT WE'RE REQUESTING IS APPROPRIATE AND FINE FOR HERE AND ALSO HUE WE'RE LOOKING AT IT TO BE VERY, VERY CAREFUL WITH THIS.

WE'RE GOING TO SHOW YOU THAT WHAT YOU'RE GOING TO HAVE IN THIS HOUSE IS GOING TO BE A MORE RESTRICTED HOUSE THAN ANY OTHER HOUSE IN THIS NEIGHBORHOOD. IT'S GOING TO OPERATE LIKE A HOUSE, IT'S GOING TO BE A HOUSE, IT'S A SINGLE FAMILY HOUSE, AND THAT'S ALL IT IS BUT IT'S GOING TO HAVE MORE RESTRICTIONS ON IT AND ANY OTHER SINGLE FAMILY HOT ANY OTHER SEN ANY OTHER SIN HOUSE IN THIS NEIGHBORHOOD. LET ME START BY TALKING ABOUT THAT PREEMS STANDARD BECAUSE THATPTION STANDARD BECAUSE THAT AFFECTS HOW YOU YOU HAVE TO APPROACH THIS AND WHAT YOU HAVE TO DO. THE PREEMPTION REQUIREMENT AND COMMISSIONER JOHNSON, YOU POINTED OUT THIS REQUIREMENT SAYS THAT A LOCAL LAW, AND I'M GOING TO READ FROM THE STRAY CHUTE, AATUTE, A LOCAL ORDINANCE MAY NOT PROHIBIT VACATION RENTALS. THAT'S AN ORDINANCE.

LIKEWISE YOU CANNED HAVE AN ORDINANCE THAT'S PROHIBITING THE VACATION RENTALS. YOU CAN'T GET THROUGH THE BACK DOOR WHAT YOU CAN'T GET THROUGH THE FRONT DOOR BUT WE'RE SHOWING YOU THAT WE MEET THE STANDARD. WHAT IS THE LEGAL STANDARD THAT YOU'RE DEALING WITH HERE TODAY? YOU'RE JUDGES AND YOU HAVE TO MAKE A CORRECT DECISION AND A LEGALLY SUPPORTABLE DECISION.

WHEN YOU'RE DEALING WITH A CONDITIONAL USE, THE LAW SAYS THAT IF THE APPLICANT MEET IT IS CODES C CTH CE CODE CRITERIA, YOU ARE OBLIGED TO APPROVE THE CONDITIONAL USE.

THE ONLY WAY YOU CAN REJECT THAT CONDITIONAL USE IS IF YOU PROVE WITH COMPETENT EVIDENCE THAT THE APPLICATION DOES NOT MEET THE CRITERIA AND, AND IT IS ALSO ADVERSE TO THE PUBLIC HEALTH, SAFETY, AND WELFARE. THERE ARE TWO PARTS TO THAT EQUATION. YOU HAVE TO PROOF THAT THEY'RE NOT FOLLOWING THE ORDINANCE FOR THE CRITERIA, THE SPECIFIC CRITERIA AND THAT IT IS NOT IN THE PUBLIC HEALTH, SAFETY, AND WELFARE. THE IMPORTANT THING HERE IS THAT YOU CAN'T USE YOUR ORDINANCE AS A WAY OF PROHIBITING THIS BY JUST USING IT AS A BACK DOOR APPROACH.

I'M GOING TO SHOW YOU THESE FOLKS HAVE DONE THIS.

THEY HAVE DONE EVERYTHING THAT WE CAN TO TRY TO MAKE THIS ABSOLUTELY GOOD FOR THIS NEIGHBORHOOD.

A DWELLING RENTAL IS NOT A RESIDENTIAL USE.

THE LAW SAYS SO. SO IF YOU WANT TO THINK IT'S NOT A RESIDENTIAL USE, THE COURTS WON'T SUPPORT THAT.

IT'S NOT A BUSINESS USE, IT'S A HOUSE AND THAT'S WHY I SAID, THIS IS A HOUSE, THIS IS A SINGLE FAMILY HOUSE, IT'S GOING

[01:15:01]

TO FUNCTION LIKE A SINGLE FAMILY HOUSE BUT IT'S GOING TO BE MORE RESTRICTED THAN ANY OTHER SINGLE FAMILY HOUSE IN THE NEIGHBORHOOD. SO WHAT ARE THE ORDINANCE CRITERIA? WELL, YOUR ORDINARY CRITERIA SAY THAT THE LOCATION AND DEVELOPMENT PLANS HAVE TO COMPLY WITH THE APPLICABLE STANDARDS, THE LOW CANNOT VIOLATE THE BASIC USE STANDARDS IN THE ZONING DISTRICT AND THE LOCATION PLANS WILL NOT VIOLATE ADDITIONAL ZONING ORDINANCE PROVISIONS OR OTHER CITY LAWS. THAT'S IT.

THAT'S THE ORDINANCE STANDARD. THAT'S THE CRY TIER FROM SECTION 125.187C. THE CRITERIA REQUIRES AN APPLICATION. THAT APPLICATION HAS BEEN MADE.

THAT'S WHAT IT REQUIRES. THEN IT REQUIRES THAT THERE BE A REVIEW OF THE APPLICATION. THE APPLICATION IS REVIEWED BY THE TECHNICAL COMMITTEE, ALL OF WHOM ARE EXPERTS IN WHAT THEY DO. ALL OF THOSE PEOPLE LOOKED AT THIS. THEY ALL LOOKED AT THIS AND THEY ALL RECOMMENDED PROFESSIONALLY THAT THIS APPLICATION DID NOT HAVE ANY FLAWS OR ANY VIOLATIONS OF ANY CODE STANDARDS.

OKAY. WE LOOK AT THAT AND THAT'S WHY I ASKED THE QUESTION OF THE PLANNING DIRECTOR BECAUSE IF YOU LOOK AT THE APPLICATION, THERE'S A SPECIFIC REFERENCE BY BOTH THE CITY ENGINEER AND BY THE FIRE DISTRICT.

THEY BOTH EXAMINED IT FOR ENGINEERING AND FOR FIRE CODES AND THEY BOTH SAID IT MEETS THE CRITERIA.

SO NOW WE'RE GOING TO BE LOOKING AT WHAT ARE THE CONCERNS THAT WE'VE HEARD? WE TRIED TO LOOK AT EVERYTHING WE COULD COME UP WITH. WELL, THERE'S ONE CONCERN THAT WAS ABOUT INGRESS AND EGRESS AND WITH PARKING ON THE STREET AND WE SHOWED YOU WITH A SERIES OF PHOTOGRAPHS IN THIS AREA THAT THIS IS AN AREA THAT HAS STREETS AND RIGHT OF WAYS AND PAVEMENT WIDTHS JUST LIKE 90% ■OFTHIS CITY.

THIS IS A PARTICULAR PROD THAT CONSISTS OF TWO LOTS OF THAT PLAT. THIS AREA WAS PLATTED MORE DENSE THAN IT IS IN THIS COURT. THERE'S ONE FEWER HOUSE IN THIS COURT. THE LARGEST OF THE LOTS IN THIS COURT IS THEIRS. THE NEIGHBORS HAVE 40-FEET OF FRONTAGE, THEY HAVE 95-FEET OF FRONTAGE BECAUSE THEIR YARD INCLUDES MOST OF LOT 18 BUT THAT'S SOMETHING THEY CAN DO TO HELP OUT HERE. THEY ARE WILLING TO IDENTIFY A CONDITION THAT SAYS IF THERE ARE TRUCKS THAT ARE COMING TO SERVICE THIS PROPERTY JUST LIKE ANYBODY ELSE IN THIS COMMUNITY, IF IT'S A LAWN MAINTENANCE TRUCK, A TRUCK FOR SOMETHING FOR THE POOL, THEY'RE GOING TO MAKE THEM PARK IN FRONT OF THEIR HOUSE. RIGHT IN FRONT OF THEIR HOUSE BECAUSE THE MOST UNOBSTRUCTIVE PLACE IN THAT WHOLE AREA THAT THEY CAN PARK. THEY WILL DO THAT.

NOBODY ELSE HAS TO DO THAT. YOU HAVE A PICTURE THERE THAT SHOWS THERE'S A LAWN MAINTENANCE TRUCK AT ONE OF THESE NEIGHBORS WHO IS GOING TO TALK AND THEY'RE OUT IN THE STREET RIGHT IN THE MIDDLE OF THE STREET. SO IF THERE'S A PERCEPTION THAT LAWN MAINTENANCE TRUCKS OR SOMETHING LIKE THAT ARE GOING TO BE A PROBLEM FOR THIS CUL-DE-SAC, NOT THEM.

IT'S NOT THEM. IT'S THE OTHER FOLKS THAT ARE THERE THAT ARE PARKING THAT WAY. THE NEXT THING, THE ACTION IN PLACE THAT THEY'VE GOT WILL BE CONTRACTORS ARE GOING TO PARK THERE, NO STREET PARKING IS PART OF THE HOUSE RULES FOR TENANTS.

WE'VE SHOWN YOU PARAGRAPHS THAT SHOW HOUSES ALL AROUND HERE, FOLKS ARE PARKED THREE, FOUR CARS ALL OVER THE LAWNS.

THEY'RE GOING WITH A TWO CAR MINIMUM.

NOTHING IS GOING TO BE ALLOWED TO BE PARKS IN THE STREET.

THE PHOTOGRAPHS WE HAVE GIVEN YOU, THEY'RE PARKING ALL OVER THE PLACE AROUND THERE. THERE'S A CONDITION THAT STAFF HAS RAISED, TWO CARS FOR EACH ONE.

YOU HAVE AN ORDINANCE THAT SAYS THAT CHILDREN ARE NOT ALLOWED TO PLAY IN THE STREET BY I WOULD SAY HAVING RAISED TWO CHILDREN IN A CUL-DE-SAC THAT IT'S PROBABLY THE SAFEST PLACE FOR NEIGHBORHOOD KIDS TO COME AND PLAY, WHETHER THEY LIVE HERE OR THEY'RE DOWN THE STREET. WE ALWAYS HAD THE KIDS COME DOWN TO PLAY IN THE CUL-DE-SAC. IT'S THE SAFEST SPOT AROUND.

ALL RIGHT. THERE'S BEEN A COMPLAINT OR A CONCERN RAISED ABOUT, WELL, THESE STREETS ARE SO NARROW AND THERE ARE BICYCLISTS AND PEDESTRIANS AND PEOPLE WHO COME HERE, THESE MASSES OF PEOPLE WHO COME HERE AND THEY WILL HIT THE

[01:20:03]

CHILDREN AND KNOCK OVER THE BICYCLISTS.

WE INCLUDED IN THE DOCUMENT THAT IS WE PROVIDED TO YOU CONCLUSIVE PROOF THAT REPUTES THAT. THERE'S NO RECORD OF A PEDESTRIAN, BICYCLE, VEHICLE ACCIDENT ON ANY OF THE STREETS IN THUMB POINT. IT DOESN'T HAPPEN THERE AND THAT'S TRUE, EVEN THOUGH YOU'RE IN A SITUATION HERE WHERE YOU HAVE UBER COMING IN THERE, NEIGHBORS COMING IN THERE ALL THESE YEARS, PEOPLE COME WITH DELIVERY TRUCKS, YOU HAVE AMAZON, ALL THESE PEOPLE COMING IN AND OUT, IT'S NOT GOING TO BE A HAZARD FOR PEOPLE WHO ARE DRIVING IN AND OUT OF THIS PLACE WITH THEIR FAMILIES FOR A FEW DAYS OF PEACE AND QUIET.

THE DEMOGRAPHICS OF THIS AREA, THIS IS NOT A PLACE WHERE PEOPLE COME TO HAVE WILD PARTIES. THIS IS A PLACE WHERE PEOPLE COME FOR SOME REST AND RELAXATION AND PEACE AND QUIET.

THERE'S NOTHING AROUND HERE. YOU DON'T HAVE CLUBS ALL OVER THERE. THIS IS NOT THE PLACE WHERE PEOPLE ARE COMING FOR BACHELOR PARTIES.

THIS IS WHERE PEOPLE COME FOR A LITTLE REST AND RELAXATION AND PEACE AND QUIET AND A BIT OF FISHING ON THE SHORE AND THAT'S ABOUT IT. THE SAFETY OF PEOPLE THAT ARE THERE, THAT ARE COMING. THERE'S A CONDITION THAT THEY WILL HAVE AND RESTRICT THIS, THERE WILL BE NO ONE ALLOWED TO BE AT THAT HOUSE AT HER HOUSE THAT HAS ANY KIND OF A REGISTRY FOR SEXUAL PREDATOR OR ANYBODY IN TROUBLE BEFORE.

FOOT -- THEYTHEY'RE NOT COMING . NOBODY ELSE IN THIS AREA HAS THAT RESTRICTION. YOU CAN GO ONLINE AND YOU CAN SEE IN THUMB POINT THERE ARE TWO REGISTERED SEX OFFENDERS ALREADY. THEY WILL BE IN THUMB POINT BUT NOT AT THEIR HOUSE BECAUSE THEY WILL NOT RENT TO ANYBODY FORWILL OR ALLOW ANYONE TO STAY THERE WHO HAS A RECORD AND THEY HAVE A MANAGER WHO WILL SEE TO THAT.

THIS HOUSE HAS BEEN INSPECTED. THERE WILL BE A PROPERTY MANAGER INVOLVED WITH THIS. PETS, AGAIN, YOUR ORDINANCES SAY IF YOU'RE GOING TO COME HERE AND YOU'RE GOING TO STAY AT THE HOLIDAY INN AND YOU BRING A PET, YOU DON'T HAVE TO REGISTER THAT PET. YOU DON'T HAVE TO GET A LICENSE OR VACCINATION OR ANYTHING ELSE. ANYBODY WHO IS GOING TO BE HERE FOR LESS THAN 6 MONTHS DOESN'T HAVE TO DO IT.

YOU ONLY HAVE TO DO IT AFTER YOU HAVE LIVED HERE FOR 6 MONTHS.

THEY'RE GOING TO HAVE A CONDITION AND THEY'RE GOING TO FOLLOW A CONDITION THAT'S GOING TO REQUIRE EVERYBODY THAT COMES TO STAY THAT HAS A PET TO PROVIDE THEM WITH A COPY OF THEIR VACCINATION RECORD. AS I SAID, THESE FOLKS ARE COMPLIED WITH ALL THE ORDINANCE STANDARDS.

THEY HAVE DONE EVERYTHING THAT THE ORDINANCE EXPECTS THEM TO DO. THE BURDEN IS REALLY THEY'RE ENTITLED TO HAVE THIS APPROVED. THEY'VE GONE ABOVE EVEN WHAT THE STAFF IS ASKING FOR. THEY HAVE IMPOSED CONDITIONS AND THEY WILL FOLLOW CONDITIONS ON THEIR USE THAT ARE GOING TO EXCEED WHAT THE STAFF HAS ASKED FOR AND WE WILL WORK ON THAT, I WILL PROVIDE YOU WITH THOSE THINGS THAT THEY HAVE ALREADY, THEY'RE DOING IT IF THEY GET THIS CONDITIONAL USE APPROVAL.

BUT ALSO I WANT TO MAKE SURE THAT WE'VE GONE ABOE AND BEYOND. WHEN IT COMES TO THE SAFETY OF CHILDREN, THEY'RE DOING A BACKGROUND CHECK.

NO VISITOR CAN COME WITHOUT REPORTING A CHECK.

THERE'S A HOUSE ON FRIDAY WHO HAD THREE CARS, A BOAT AND A GOLF CART PARKED OUT IN THE FRONT AND THAT'S TRUE ALL THE WAY UP AND DOWN THAT STREET WITH THE PHOTOGRAPHS I PROVIDED YOU.

THIS HOUSE IS GOING TO HAVE ALL THE CARS IN THE DRIVEWAY OR ELSE. THEY CAN ONLY PARK IN THE DRIVEWAY. THERE WILL NOT BE PEOPLE ALL OVER THE LAWNS, THEY'RE GOING TO DO IT AND FUNCTION AS A HOUSE BETTER THAN MANY OF THE HOUSES ALREADY IN THIS AREA.

[01:25:07]

YARD AND POOL MAINTENANCE VEHICLES HAVE TO STAY IN FRONT OF THE HOUSE. THEY'RE LIMITING THE NUMBER OF PEOPLE THAT CAN STAY AT THE HOUSE.

THE DUGGARS HAVE 19 PEOPLE ALL IN THEIR HOUSE BUT THEY HERE WILL RESTRICT THESE HOUSES. EVERY OTHER SINGLE FAMILY HOME TO FORT PIERCE WILL BE SUNDT TO THESE RULES AND REGULATIONSSUBJ TO THESE RULES AND REGULATIONS IF THEY DO BUT THIS HOUSE WILL BE REGULATED MORE THAN ANY OTHER HOUSE IN THE CITY OF FORT PIERCE. THE LAST THING I WANT TO ADDRESS IS THIS WHOLE THING ABOUT THIS SLANDER BECAUSE FRANKLY I HAVE BEEN IN LOCAL GOVERNMENT LAW SINCE 1983.

I HAVE SAT THERE IN HIS CHAIR FOR YEARS.

I HAVE NEVER, EVER SEEN A MEETING WHERE A MEMBER OF A PLANNING BOARD SET THE ACCUSATION THAT SOMEONE WAS VIOLATING THE LAW AND GOT THE REST OF THE BOARD TO VOTE ON THAT WHEN IT WAS ABSOLUTELY CATEGORICALLY FALSE EVEN SHOW SHE SAID SHE CHECKED THE RECORDS.

I HAVE GIVEN YOU A COPY OF THE TRIM NOTICE FROM THE LAST YEAR AROUND. YOU ALL SIT ON THE VALUE ADJUSTMENT BOARD. YOU KNOW THAT YOU CANNOT MAKE AN APPLICATION FOR A HOMESTEAD EXEMPTION UNTIL AFTER THE FIRST OF THE YEAR BETWEEN THE FIRST OF THE YEAR AND THE 30TH OF MARCH.

THESE FOLKS, THE RECORD SHOWS, CLOSED ON THE HOUSE IN JULY.

THEY COULD NOT LEGALLY EVEN GET AN APPLICATION IN WHEN THEY CLOSED ON THIS HOUSE AND WHEN IT WAS CLAIMED THAT THEY WERE VIOLATING THE LAW AND THEY WERE CROOKS.

I HAVE NOW, I HAVE GIVEN YOU THE TRIM NOTICE THAT SHOW THAT IS THE PREVIOUS OWNERS WERE THE ONE WHO IS HAD IT AND YOU KNOW HOW YOU GET IT BUT I ALSO FORWARD AN E-MAIL TO YOUR CLERK TODAY

TELLING YOUR -- >> TIME IS UP.

>> THAT THE PROPERTY APPRAISER HAS NO RECORD.

>> TIME IS UP, THANK YOU, SIR. >> THANK YOU.

>> ANY QUESTIONS? >> I WOULD LIKE THAT TO STOP.

I DON'T WANT ANY COMMENTS. DISPARAGING.

IT'S JUST NOT RIGHT. >> THE NEXT MOVE I BELIEVE IS FOR THE STAFF TO ASK QUESTIONS. IS THAT RIGHT?

>> THE COMMISSION HAS THE OPPORTUNITY.

ACT IT'S YOUR CHANCE TO ASK QUESTIONS OF THE APPLICANT.

>> OKAY, COMMISSIONERS? DO YOU HAVE QUESTIONS?

>> MR. OLDEHOFF? >> YOU'RE WELCOME TO SIT AT THE

SABLE IF YOU WOULD LIKE TO. >>ABLE IF YOU WOULD LIKE TO.

>> TABLE IF YOU WOULD LIKE TO. >> THAT WOULD BE BETTER.

>> I DON'T DISAGREE WITH YOU, I WAS GOING TO ASK ABOUT THE BULLET POINT FROM THE PLANNING BOARD, YOU TALKED ABOUT IT TWO OR THREE TIMES. I UNDERSTAND WHERE YOU'RE COMING

FROM. >> I DON'T UNDERSTAND WHY FOLKS ON THE PLANNING BOARD ARE DOING THIS.

>> THEY'RE A VOLUNTEER BOARD, I UNDERSTAND.

I JUST WANT TO ACKNOWLEDGE YOUR COMMENTS, THANK YOU.

ALL RIGHT. ON THE FLORIDA STATUTE TALKING ABOUT RESTRICTING THE USE DURATION AND WHATNOT.

DO YOU RECOGNIZE THERE'S A SECOND PART TO THAT BULLET POINT THAT IDENTIFIES THE CITY OF FORT PIERCE AS BEING THE -- IT SAYS SPECIFICALLY IN YOUR DOCUMENT AND YOU QUOTED FLORIDA STATUTE, IT SAYS SPECIFICALLY THAT THIS PARAGRAPH DOES NOT APPLY TO ANY LOCAL LAW, ORDINANCE ADOPTED ON OR BEFORE JUNE 11TH.

>> YES, I THINK SIESTA KEY WANTED THAT ADDED TO THE STATUTE

WHEN IT WAS ENACTED IN 2011. >> I APPRECIATE THAT, THANK YOU.

YOU TALKED ALSO ABOUT THE TWO CONDITIONS AND THANK YOU FOR THAT. YOU TALKED ABOUT WE ARE TO RULE ON THE CONDITIONS OF THE APPLICATION AND ALSO, AND YOU'RE CLAIMING IN YOUR TESTIMONY THAT IT DOES NOT AFFECT HEALTH AND

SAFETY -- >> THE FLORIDA SUPREME COURT, THAT'S THE IRVINE DECISION AND THERE ARE SEVERAL THAT HAVE RULED WHEN YOU'RE DEALING WITH A CONDITIONAL USE OR SPECIAL EXCEPTION, IF THE APPLICANT SATISFIES THE CODE CRITERIA, THEN THE LOCAL GOVERNING BOARD IS REQUIRED TO GRANT THAT

[01:30:05]

APPLICATION. THE BURDEN SHIFTS TO THE LOCAL GOVERNMENT IF IT WANTS TO TRY TO DENY IT TO DEMONSTRATE WITH COMPETENT, SUBSTANTIAL EVIDENCE THAT EITHER THEY DID NOT MEET THE CRITERIA AND YOU DON'T HAVE A LOT OF CRITERIA, AND IT'S NOT OR, IT'S AND. NOT ONLY THAT IT DOESN'T MEET THE CRITERIA BUT THERE'S A HEALTH, SAFETY, AND HEALTHCARE REASON FOR DENYING IT AND THE REASON FOR THAT IS THAT CONDITIONAL USES, THEY ARE CONSIDERED TO BE WITHIN THE REALM OF PERMITTED USES. YOU DEFINE IT THAT WAY IN YOUR CODE. IT'S A PERMITTED USE, BUT WE CAN LOOK AT IT TO CONDITION IT IF WE THINK THAT THIS MAKES IT FIT AND THAT'S WHAT YOUR STAFF HAS DONE. SOME FOLKS WANT TO GET MAD AT THE STAFF, YOUR STAFF IS JUST DOING THEIR JOB TELLING WHAT THE STATUTE SAYS AND WHAT THE CODE SAYS AND SAYS HERE'S THE CONDITIONS, THESE ARE THE CONDITIONS THAT MAKE THIS PERFECTLY ACCEPTABLE, PERFECTLY APPROPRIATE FOR THIS PROPERTY, WHICH IS A PERMITTED USE. IT JUST MEANS WE LOOK AT THIS AND SEE WHAT TO ADD TO IT AND YOU'RE CONDITIONING THIS MORE THAN ANY OTHER SINGLE FAMILY HOME IN THE WHOLE CITY OF FORT

PIERCE. >> ALMOST.

>> YOU CAN HAVE EIGHT PEOPLE WITH TWO CHILDREN, ANY OTHER HOUSE IN THIS TOWN CAN HAVE 20 PEOPLE UNDER ONE ROOF.

THERE'S NO RESTRICTION ON IT. >> I THINK YOU JUST NEED TO

ANSWER HIS QUESTION. >> YOU DID AND YOU ANSWER THE NEXT PART AND I MIGHT HAVE A FOLLOWUP FOR THAT IN A MINUTE.

YOU ALSO TALKED ABOUT THE BUSINESS TRANSACTION IN YOUR DOCUMENTS. THIS IS NOT OPERATING AS A BUSINESS. IN YOUR PROFESSIONAL LEGAL OPINION, IF THE OWNER ACCEPTS A TRANSFER OF MONEY ON THE PREMISE, IS THAT A TRANSFER CONSIDERED TO BE A BUSINESS

OPERATION OR NOT? >> NO.

FROM A ZONING AND LAND USE STANDPOINT, THE IMPORTANT THING, IF YOU READ THE CASE LAW, WHETHER A SHORT TERM RENTAL IS A BUSINESS USE OR A RESIDENTIAL USE, THEY ALL COME DOWN AND SAY WE HAVE TO LOOK AT WHAT HAPPENS INSIDE THAT HOME.

WHAT HAPPENS INSIDE THAT HOME IS JUST PEOPLE DWELLING THERE.

FOR THIS REASON. IT'S NOT CONSIDERED TO BE -- THAT ISSUE WAS DIRECTLY RAISED AND DECIDED BY THE COURTS.

THAT'S NOT CONSIDERED TO BE A BUSINESS USE FOR YOUR PURPOSES.

>> THANK YOU. >> IT'S CONSIDERED TO BE A

PRAYERLY RESIDENTIAL USE. >> ANYTHING ELSE?

>> YOU SAID YOU HAD A PROPERTY MANAGER INVOLVED IN THIS PROJECT

OR THIS CONDITIONAL USE? >> THAT IS CORRECT.

A LOCAL MANAGER. >> IS YOUR PROPERTY MANAGER A LICENSED REAL ESTATE AGENT WHICH I BELIEVE IN FLORIDA HAS TO BE

OR NO? >> I HAVE NEVER SEEN A LAW THAT SAYS THAT A PROPERTY MANAGER HAS TO BE A LICENSED REAL ESTATE AGENT BUT IF THAT'S REQUIRED, CERTAINLY.

IF THE PLUCK IS APPROVED AND THE LAW SAYS THAT HAS TO BE DONE, NOTHING IS GOING TO HAPPEN UNTIL THEY HAVE THAT.

IF YOU WOULD LIKE TOO DIRECT US TO SUCH AUNTIL THEY HAVE THAT.

IF YOU WOULD LIKE TOO DIRECT US TO SUCH A STATUTE, THAT'S FINE.

>> ANY OTHER QUESTIONS? >> IF I HEARD YOU RIGHT, JUST FOR CLARITY, ALL OF THEM ARE TO PARK IN THE STREET AND NOT IN THE DRIVEWAY, IS THAT PART OF YOUR REQUIREMENT?

>> IF THE DRIVEWAY IS AVAILABLE THEY WILL PARK IN THE DRIVEWAY.

IF THE DRIVEWAY IS NOT AVAILABLE, THEY WILL PARK IN FRONT OF THE HOUSE AS CLOSE TO THE PAVEMENT, THE EDGE SO THAT IT PROVIDES THE MAXIMUM AMOUNT OF ROAD SPACE THAT'S OPEN AND AVAILABLE. IT'S INTERESTING BUT THEY HAVE THE SAME LAWN CARE THAT IS MAINTAINED IN THE HOUSE THAT'S IMMEDIATELY TO THEIR RIGHT. THAT LAWN CARE TRUCK IS ONE THAT PARKS IN THE ROAD UP CLOSER TO THE CORNER.

IT WOULD BE LESS -- THEY WOULD MOVE IT AND SAY STAY OVER HERE

[01:35:01]

SO THERE'S A CLEAR SHOT INTO EVERYBODY'S DRIVEWAYS.

>> THANK YOU. >> COMMISSIONER C. JOHNSON?

>> COMMISSIONER ALEXANDER? >> YES,COMMISSIONER ALEXANDER?

>> YES, I HAVE A QUESTION FOLLOWING THE LAST QUESTION YOU

ASKED, COMMISSIONER. >> THAT WAS A REALTOR.

>> BA REALTOR. >OUA REALTOR.

>TA REALTOR. >A REALTOR.

>> YEAH, THE REAL ESTATE. IS THAT A REQUIREMENT?

>> I AM NOT AWARE OF IT. >> NO, I'M ASKING THE

COMMISSIONER. >> I DON'T HAVE AN ANSWER FOR YOU. I WAS ASKING THE APPLICANT.

>> OH, I THOUGHT I WERE ASKING HIM -- OKAY.

>> NO, I JUST ASKED HIM IF HIS PROPERTY MANAGER WAS LICENSED.

>> YOU CAN CONDITION IT, THE PROPERTY MANAGER WILL BE SOMEONE THAT MEET IT IS REQUIREMENTS FOR THE STATE.

>> COMMISSIONER C. JOHNSON? >> IF WE NEED TO DO THAT, MADAM MAYOR. JUST ADD THAT TO THE CONDITIONS.

>> OKAY, THANK YOU. >> FOLLOWING UP WITH THAT.

THANK YOU. MR. OLDEHOFF, YOU STAIDED THAT THE APPLICANT IN THIS CASE IS WILLING TO ACCEPT CONDITIONAL EXTENDED CONDITIONS AS PART OF THIS AGREEMENT.

YOU'RE REPRESENTING THE CLIENTS AND THEY'RE IN FULL AGREEMENT

WITH THAT? >> YES, YES, AND WITH MY CLOSING REMARKS I WANT TO LISTEN TO WHAT FOLKS HAVE TO SAY AND I CAN IDENTIFY IF YOU THESE CONDITIONS.

IF YOU WANT TO ADD THESE, YOU CAN ADD THESE.

AS I SAID. WE WILL NOT HAVE THAT KIND OF THING, IF YOU'RE GOING TO HAVE SOMEONE BRING A DOG.

YOU HAVE TO HAVE COPY OF THE RABIES VACCINATION.

>> SIR I HAVE A QUESTION. THE PROPERTY OWNERS LIVE IN BOYTON BEACH RIGHT NOW AND IT'S MY UNDERSTANDING THAT BOYTON BEACH HAS NO REGULATION, NO CONDITIONAL USE OR ANY KIND FOR

SHORT TERM RENTALS. >> I DON'T KNOW.

I WOULD HAVE TO LOOK AT THEIR CODE.

>> RIGHT. SO I GIST JUST WANT TO STATE THEJUST WANT TO STATE THERE'S NO CONDITIONAL USE.

BOYTON BEACH DID NOT HAVE ANYTHING PRIOR TO 2011 SO

THERE'S NO REGULATION. >> WAS THERE A QUESTION?

>> NO, I JUST WANTED TO STATE THAT IT'S MY UNDERSTANDING THEY LIVE IN BOYTON BEACH. THIS IS NOW A SECOND RESIDENCE, A SECOND HOME, A SECOND PROPERTY.

>> RIGHT, THIS IS WHERE THEY WANT TO RETIRE AND THE OPPORTUNITY PRESENTED ITSELF TO BE ABLE TO GET THAT HOUSE THAT

THEY HAD THEIR HEART SET ON. >> THANK YOU.

>> YOU CAN STAY THERE MR. OLDEHOFF.

WE HAVE STAFF QUESTIONS NEXT. DOES STAFF HAVE ANY QUESTIONS OF

THE APPLICANT? >> NO.

[LAUGHTER] >> ALL RIGHT.

DOES THE PARTY INTERVENER HAVE ANY QUESTIONS OF THE APPLICANT?

>> MADAM MAYOR, L. LAWLEY WILL M. LAWLEY WILL R. LAWLEY WILL R WILL

BE ASKING QUESTIONS. >> JUST SPEAK INTO THE MIC AND

YOU'RE LIMITED TO 5 MINUTES. >> JUST A COUPLE OF THINGS.

THE WAY YOU DESCRIBE THE NEIGHBORHOOD AND PEOPLE WANT TO COME HERE AND RELAX AND FISH ON THE BEACH.

IT SOUNDED BEAUTIFUL BUT DOWN AT THE JETTY AREA, THERE ARE PLENTY OF CLUBS AND A1A IS FULL OF PEOPLE PARTYING.

MOST OF THE HOTELS ARE ON A1A, AND THAT'S FINE, THAT'S WHAT

[01:40:12]

IT'S BUILT FOR. THIS IS A NEIGHBORHOOD THAT

>> DO YOU HAVE A QUESTION? >> SO YOUR DESCRIPTION OF THE NEIGHBORHOOD AND THE PEOPLE WHO WILL RENT THAT, HOW CAN YOU

GUARANTEE THAT? >> THE DEMOGRAPHICS FOR THIS

AREA. >> FOR PEOPLE WHO COME DOWN HERE TO STAY HERE REFLICKEDS THAT THE AVERAGE AGE OF A PERSON WHO COMES HERE TO SPEND A VACATION IS IN THEIR 50S.

ALSO THE AVERAGE PERSON WHO COMES HERE COMES HERE NOT TO GO TO THE CLUBS AND NOT TO TAKE IN WHATEVER CRAZY THINGS, HARDY PARTYING, THEY COME HERE FOR PEACE AND QUIET, FOR A TRANQUIL PLACE, FOR A PLACE WHERE THEY CAN GO AND DO VERY, VERY MINIMAL KINDS OF RECREATING. THERE ARE NOT A LOT OF PLACES AROUND AND THAT'S THE BASIC NATURE OF PEOPLE WHO COME HERE.

THAT'S WHAT MOST OF THE PEOPLE WHO LIVE IN THAT AREA DO IN

THEIR FREE TIME. >> AIRBNB, THEY DON'T ASK FOR A BACKGROUND CHECK, THEY JUST TAKE MY CREDIT CARD.

HOW COYELLED STATE THERE'S GOING TO BE A BACKGROUND CHECK?

>> I CAN HAVE MR. GAURNIZO EXPLAIN THAT.

>> SPEAK INTO THE MICROPHONE AND IDENTIFY YOUR NAME FOR THE

RECORD. >> I'M ANDRES GAURNIZO.

WE TRAVEL AIRBNB BEFORE WE GET INTO THIS.

OUR LAST TRIP TO PUERTO RICO, A HIM SIMILAR TO OURS, IT WAS A NICE, QUIET COMMUNITY. WE ARE INCORPORATING A LEASE, SO WITH AIRBNB YOU CAN DO A QUICK BOOKING AND WE'RE NOT DOING THAT SO WE CAN VET THE TENANTS COMING IN AND BELIEVE IT OR NOT, PEOPLE THINK I'M CRAZY BUT THERE WILL BE A LEASE IN PLACE AND WHEN WE RENTED IN PUERTO RICO WE HAD TO PUT EVERYONE'S NAME ON THE PROPERTY AND WE HAD TO BE REGISTERED TO BE ON THE PROPERTY. ONLY THE PORTION THAT RENTS WILL BE CHECKED BECAUSE YOU HAVE ALL THE INFORMATION BUT THE OTHER PEOPLE COMING IN, YOU CAN CHECK FOR SEX OFFENDERS.

>> HOW MUCH DOES IT COST TO DO A BACKGROUND CHECK?

>> IT'S PROBABLY $50 FOR THE ONE PERSON COMING IN AND THE OTHERS WILL BE CHECKED FOR SEX OFFENDERS.

>> DO YOU KNOW HOW MUCH THAT IS? >> YOU CAN CHECK AND SEE WHO IS REGISTERED YOU JUST NEED THEIR NAME AND INFORMATION.

>> OKAY, THANK YOU. >> ANYTHING ELSE MR. LAWLER?

>> NO, NO FURTHER QUESTIONS. >> OKAY, THANK YOU VERY MUCH.

>> THANK YOU. SO THE APPLICANT HAS NOW COMPLETED THE PRESENTATION AND IS EXCUSED AND THE PARTY INTERVENER WILL NOW MAKE ITS PRESENTATION ON THIS MATTER.

THIS IS THE TIME FOR QUESTIONS OF THE PARTY INTERVENER BY THE COMMISSION. PARTY INTERVENER HAS A MIX MUM OF 20 MINUTES EXCLUDING ANY CROSS EXAM IN AIEXAMINATION.

>> GOOD EVENLYING, IING, I'M =AAWLEY

>> GOOD EVENLYING, IING, I'M =AAWR AGAIN. [INDISCERNIBLE] SHARING THE PROPERTY LINE OF 133-FEET WITH THE APPLICANT FOR CONDITIONAL USE. MS. SCHAFFER RESIDES APPROXIMATELY 40-FEET FROM THE APPLICANT'S PROPERTY.

>> I'M TERRI SCHAFFER. YOU HAVE BEEN PROVIDED ELECTRONICALLY AND ALSO A BINDER.

LET'S GO TO THE CONDITIONS OF FABER COURT AND ITS CUL-DE-SAC.

[01:45:06]

EXHIBIT 1, YOU SEE THE CUL-DE-SAC, YOU SEE THE PROPERTY AND YOU SEE THE CRACKS. PRESENT REQUIREMENTS ARE 100-FEET. EXHIBIT 3, FABER COURT IS ONLY 19.7-FEET WIDE. EXHIBIT 4, APPROACHING THE CUL-DE-SAC YOU SEE THE ROAD CONDITIONS.

EXHIBIT 5, FABER COURT, CUL-DE-SAC NOTE THE PATCHES ON THE ROAD. EXHIBIT 6, FABER COURT, IF YOU SEE THE BASKETBALL HOOP VERY NEAR THE PINE TREE AS OUR NEW MOVERS WERE COMING INTO 1507 LAST WEEK, THEY KNOCKED DOWN THE BASKETBALL COURT BECAUSE THERE'S NO SPACE TO MOVE AROUND.

IF YOU SEE IN RED, IF YOU'RE APPROACHING THE CUL-DE-SAC, YOU WILL SEE THE GAURNIZO HOUSE AT 1507.

GLENDA'S HOUSE IS RIGHT IN FRONT OF THERE.

WE'RE AT 1502 AND RUSTS AND SAN RAH ARE AT 1506.

THERE'S VERY LITTLE SPACE FOR ALL THESE DRIVEWAYS TO COME OUT.

EXHIBIT 8, FABER COURT LEAVING CUL-DE-SAC.

YOU CAN SEE ALL THE CRACKS. EXHIBIT 9, SEE ALL THE CRACKS IN THE ROAD. EXHIBIT 10, MORE CRACKS, MORE PATCHES IN THE CUL-DE-SAC. EXHIBIT 11, AGAIN, MORE PATCHES AND CRACKS JUST LIKE PLOVER. OKAY.

EXHIBIT 12, THUMB POINT DRIVE, THIS IS THE ENTRANCE INTO THUMB POINT, AGAIN, LOOK AT HOW NARROW THOSE STREETS ARE.

LOOK AT THE CARS, LOOK AT THE BICYCLES, THERE'S JUST NO ROOM.

EXHIBIT 13, GARBAGE PICKUP. THIS IS WHAT YOU HAVE HEARD US TALKING ABOUT A LOT. AS OUR GARBAGE MEN COME IN, WE REALLY DO HAVE A LITTLE PROGRAM THAT WE USE AND ALL OF US WORK TOGETHER. THE POOR GORE BADGE MAN CAN COME IN AND HE HAS TO DO A THREE POINT TURN AND CAN COME OUT BUT IF HE HAS TO PICK UP ALL AROUND THE CUL-DE-SAC, IT'S A HORRIBLE SHOW FOR HIM. YOU CAN SEE HIM EXHIBITING OUR NEIGHBORHOOD ON FABER COURT. YOU CAN SEE HOW LITTLE ROOM THERE IS IN THIS PICTURE. THIS IS THE SMALLEST OF THE VEHICLES THAT COME TO PICK UP TRACK.

THIS IS OUR GARBAGE TRUCK AND OUR HOUSEHOLD TRUCK HAS TO BACK OUT. THERE'S NO PLACE THAT HE CAN TURN AROUND: OKAY, YOU KIND OF GET THE PICTURE.

WE TALKED ABOUT STREETS A LOT BUT STREETS ARE IMPORTANT HERE BECAUSE WE HAVE HAD DENIALS WITH STREETS.

FABER COURT IS VERY NARROW, IT'S IN NEED OF REPAIR.

NEW CODE REQUIRES 100-FEET AND IT, TOO, IS IN NEED OF REPAIR.

YOU CAN SEE FROM THE PHOTOS THE DIFFICULTY OF GARBAGE TRUCKS, THE LAWN TRUCK, ETC., WHICH WE ALREADY TALKED ABOUT.

THERE'S JUST NO ROOM TO MANEUVER.

THE ROAD CONDITIONS ARE SIMILAR IF NOT THE SAME TO PLOVER AND TO MIMOSA WHOSE DENIALS YOU WILL SEE JUST FOLLOWING THESE PICTURES. FABER COURT, HOWEVER, IS EVEN A LITTLE BIT WORSE BECAUSE YOU HAVE THE CUL-DE-SAC AND THE PROXIMITY OF THE DRIVEWAYS WITH PEOPLE BACKING OUT, COMING IN, REGRESS, EGRESS, IT'S HARD FOR PEOPLE TO MANEUVER IN THIS AREA.

SO YOU DENIED PLOVER AND MIMOSA. WE WOULD THANK YOU TO DO THE

SAME. >> WE'RE RUSHING, TRYING TO GET TO 20-MINUTE THING IN, WE HAVE BEEN PRACTICING.

MY NAME IS IRBY SCHAFFER. ON THE THIRD OF MAY, CONDITIONAL USE HEARING FOR 1577 THUMBPOINT DRIVE, ONE OF OUR COMMISSIONERS SAID, AND I QUOTE, AS WE LOOK AT THAT PROPERTY WITH THAT CORNER, TO ME, IT'S ONE THAT DOES NOT POSSESS A THREAT BECAUSE IT IS NOT DEEP INTO THE RESIDENCES THERE.

WELL, 1507 FABER COURT IS DEEP IN THE HEART OF THUMB POINT, CENTERED IN THE THUMBNAIL OF THE THUMB.

IF THE LOCATION OF 1577 THUMB POINT DRIVE WAS CONSIDERED

[01:50:06]

EVIDENTLY BY A COMMISSIONER APPROVAL WOULD NOT THE TOTAL OP SATE LOCATION AS PERTAINS TO 1507 FABER COURT NOT BE EVIDENTIARY IN SUPPORTOPPOSITE O 1507 FABER COURT NOT BE EVIDENTIARY IN SUPPORT OF A DENIAL? 1507 FABER COURT IS LOCATED IN A CUL-DE-SAC SHARED WITH OTHER HOMES ALL OPPOSED TO ITS USE OF A SHORT TERM RENTAL.

A CUL-DE-SAC INTRODUCES A GATHER AROUND THE FIRE KIND OF COMMUNITY. WE HAVE LEARNED HOW TO POSITION OUR GARBAGE CANS IN RELATION TO THE CANS OF OUR NEIGHBORS AND GIVE THE TRUCKS ABILITY TO SAFELY AND EXPEDITIOUSLY EXIT THE AREA. CANS PLACED INCORRECTLY OR A CAR PARKED OUT OF PLACE MAKES GARBAGE MAKUP GARBAGE MPICK UP AND LEAVING MUH MORE DIFFICULT.

MANAGING THE GARBAGE, CALLING SOMEONE TO COMPLAIN, IT'S THE BOOTS ON THE GROUND, WE, THE NEIGHBORS WHO WILL BE AFFECTED AND POSSIBLY BE PLACED IN UNWANTED VOLATILE CONFRONTATIONS. WE WILL QUICKLY EMBRACE ANY PROTOCOLS. IT'S TOO MUCH TO ASK OF US TO DO THE SAME THING WITH A REVOLVING OF SHORT TERM RENTERS. BE TO BE 100-FEET.DAY, IT WOULD- COMBINES THIS WITH A SMALL DIAMETER OF FABER COURT, THE DEMANDS PHYSICAL AND MENTAL ARE TOO ONEROUS.

YOU CAN VOTE NO BASED ON FACT. PLEASE VOTE NO.

>> THANK YOU. THIS LETTER IS FROM OUR EXPERT WITNESS ON INSURANCE, MRS. AKEY COULD NOT BE HERE TODAY.

MY HUSBAND AND I RESIDE AT 1562 THUMB POINT.

WE ENJOY THE TRAN QUILT OF OUR NEIGHBORHOOD WHICH IS CURRENTLY OCCUPIED BY HOME OWNERS AND OBJECT THE 1507 FABER COURT BEING POTENTIALLY CONVERTED TO A SHORT TERM RENTAL PROPERTY FOR ALL THE REASONS CITED IN THE HEARING OF APRIL 19TH.

AT THAT HEARING, THE QUESTION OF THE INSURANCE AROSE.

I WANT TO OFFER SOME INFORMATION ON THAT SUBJECT AND A LOT ON MY CAREER, WHICH I BELIEVE QUALIFIES ME TO DO SO.

I WORKED AS A COMMERCIAL INSURANCE BROKER FOR 50 YEARS, SPECIALIZING IN CASUALTY INSURANCE, ONE OF THE CLIENTS WAS HYATT COURT. I WAS LICENSED IN THE STATE OF FLORIDA UNTIL MY RECENT RETIREMENT.

THIS IS VERY IMPORTANT, FOLKS. A HOME OWNER'S POLICY WILL NOT PROVIDE COVERAGE FOR A SHORT TERM RENTAL PROPERTY.

HOME OWNER'S POLICIES EXCLUDE BUSINESS PURSUES.

THEY PROVIDE COVERAGE FOR THE INSURED LOCATION.

THE RESIDENTS' PREMISE, THE DWELLING WHERE YOU, AS OWNER, RESIDE. A SHORT TERM RENTAL REQUIRES A BUSINESS POLICY FROM A RISK STANDPOINT, A SHORT TERM RENTAL BEARS LITTLE DIFFERENCE FROM A HOTEL AND, IN FACT, IS SUBJECT TO HOSPITALITY LAW, HOLDING THE OWNER LIABILITY FOR ANY INJURIES SUSTAINED BY THE GUEST. THE HOME IS OPEN FOR BUSINESS AND IT IS OPEN TO THE PUBLIC. INSURANCE COMPANIES DETERMINE THEIR PREMIUMS FOR SHORT TERM RENTALS BASED ON THREE FACTORS, THE SPECIFIC RISK PRESENTED AND THE INDUSTRY'S CLAIMS HISTORY.

THE RESULTS OF THESE FACTORS IS THAT A SHORT TERM RENTAL POLICY COSTS TWICE THE PRICE OF A HOME OWNER'S POLICY.

SOME OF THE BOOKING PLATFORMS PROVIDE FREE COVERAGE.

AIRBNB, FOR EXAMPLE, PROVIDES A $1 MILLION PER OCCURRENCE POLICY WHICH IS SUBJECT TO A $10 MILLION ANNUAL AGGREGATE MEANING THAT THE MOST IT WILL PAY IN 1 YEAR IS $1 MILLION TIMES 10.

NEARLY ONE MILLION NIGHTS OF FUTURE STAYS WERE BOOKED ON 1 DAY, JULY 8TH, 2020. WITH THAT VOLUME OF STAYS, THE $10 MILLION AGGREGATE LIMIT WON'T GO VERY FAR.

[01:55:01]

ALSO, THE NAMED INSURED ON THE POLICY IS AIRBNB.

WHERE DOES THAT LEAVE THE OWNER? AND EVERYONE ELSE IN THE LINE OF LIABILITY. 1507 FABER COURT PRESENTS A PARTICULARLY HAZARDOUS RISK, MEASURES JUST SHY OF 60-FEET IN WH WHIT WIDTH AND RATHER THAN THE 100 REQUIRED. THE LIFE SAVING EQUIPMENT CANNOT OPERATE IN THESE NARROW CORRIDORS POTENTIALLY RISKING THE LIVES OF SHORT TERM RENTERS UNFAMILIAR WITH THE PROPERTY AND THE AREA. IF A SEVERE INJURY OR DEATH WERE TO OCCUR AT A SHORT TERM RENTAL AND TARN LOOKING FOR DEEP POCKETS WOULD TARGET THIS. PLEASE LISTEN TO THIS, GUYS.

PROPERTY OWNER, NO COVERAE FROM HOME OWNER'S, PROPERTY MANAGER, ISSUED TO THE PRESSURE MEASURE, BOOKING PLATFORM, THEY'RE OUT OF MONEY. NOW COME DOWN TO THE CITY OF FORT PIERCE. DID THE CITY'S TRC REVIEW IDENTIFY THE HAZARD WHICH CAUSED THE LOSS? MOST LIKELY NOT SINCE THE CITY'S PROFESSIONALS BASE THEIR REVIEW ON THE STANDARDS REQUIRED OF AN EXISTING SINGLE FAMILY RESIDENCE. IN THE PAR LENS OF SHORT TERM RENTALS, THE HOUSE IS ALENS OF RENTALS, THE HOUSE IS A DWELLING RENTAL. S IN CASE OF LIABILITY ISSUES, IT'S NO DIFFERENT THAN AI CASE S NO DIFFERN CASE OF LIABILITY IS IT'S NO DIFT CASE OF LIABILITY IT'S NO DIFH CASE OF LIABILITY IT'S NO DIFE CASE OF LIABILITY , IT'S NO DIFFERENT THAN A HOTEL.

IN FACT, IT'S MORE RISKY, PUTTING OUR CITY AS RISK.

IT ALSO PUTS THE SAFETY, PUBLIC HEALTH, GOOD ORDER AND GENERAL WELFARE OF ALL NEIGHBORS AT RISK.

NANCY AKEY. GLENDA?

>> GOOD AFTERNOON. GLENDA.

GRANTING A SHORT TERM RENTAL CONDITIONAL USE OF THE PROPERTY LOCATED AT 1507 FABER COURT WILL NEGATIVELY IMPACT MY PROPERTY AND SAFETY AS I LIVE NEXT DOOR AT 1503FABER COURT.

THERE'S NO ABILITY TO SAFELY HAVE ON STREET PARKING.

THIS WAS EVIDENTED A NUMBER OF YEARS AGO WHEN SOMEONE AT THIS HOUSE WHO WAS RENTING HAD A PARTY AND BLOCKED THE EGRESS AND INGRESS. I AS A REAL ESTATE INVESTOR AND CPA CAN TELL YOU I WOULD NOT PURCHASE A HOUSE NEXT DOOR TO A VACATION RENTAL AS IT WILL AFFECT MY ABILITY TO HAVE SINGLE FAMILY HOME DWELLERS IN LONG TERM RENTERS.

THE PROBLEMS ASSOCIATED AS COMMISSIONER PERONA CORRECTLY POINTED OUT IN HIS MOTION TO DENY CONDITIONAL USE AT THE MEETING OF MARCH 18TH, 2019, REGARDING 2005 MIMOSA AVENUE ARE AS FOLLOWED. OVERCAPACITY OF TRASH, OVERCAPACITY OF PARKING OF VEHICLES, INADEQUATE MONITORING OF USERS, INAPPROPRIATE NOISE, NEGATIVE IMPACT ON HOME VALUES IN THE ADJACENT AREA. THE MOTION BY COMMISSIONER PERONA RESULTED IN DENIAL AND WAS UNANIMOUS BY THIS COMMISSION FOR A PROPERTY OWNER REQUESTING A SHORT TERM RENTING OF BETWEEN 31 DAYS AND 6 MONTHS, NOT THE 2-DAY RENTAL PERIOD REQUESTED HERE. TO PROTECT MY INVESTMENT IN MY PROPERTIES, I WILL ADVICE EVERYONE IN MY NEIGHBORHOOD TO APPLY FOR CONDITIONAL USE AS WELL.

I WILL DISPLACE SIX FAMILIES IN SINGLE FAMILY HOMES.

THERE'S LEGISLATION BEING CONSIDERED IN SOME STATES THAT WILL REQUIRE SELLERS TO DISCLOSE IF A VACATION RENTAL IS IN THE NEIGHBORHOOD. REAL ESTATE DISCLOSURES ARE FOR DETRIMENTS TO PROPERTY SUCH AS WORK DONE WITHOUT A PERMIT, FLOODS, SINNING HOLES, LEAD PAINT AND NOW VACATION RENTALS.

YOUR DECISION TONIGHT AFFECTS THE PROPERTY VALUES OF ALL THE SINGLE FAMILY HOMES IN THIS NEIGHBORHOOD AND THE RESIDENTS

THAT INHABIT THEM, THANK YOU. >> THANK YOU.

>> HELLO, EVERYONE. IN THE BINDER THAT YOU HAVE, YOU HAVE A LOT OF RESEARCH. YOU HAVE BEEN PRESENTED WITH IT ELECTRONICALLY AND YOU NOW HAVE IT IN YOUR BINDER I'M GOING TO RUN OUT OF TIME SO I'M GOING TO CUT THIS SHORT.

SHORT TERM RENTALS ARE NOT ABOUT MOM AND POP SHARING ANYMORE.

THEY'RE ABOUT CORPORATE INVESTMENT GROUPS INVADING NEIGHBOR HOODS. MORE THAN 60% OF AIRBNB OFFERED

[02:00:06]

INSTANT BOOKINGS, BETWEEN GUESTS AND HOSTS BEFORE BOOKING COMBINED WITH SELF-CHECK IN. YOU USE THE KEY BAD.

THERE'S NO STAFF ON BOARD, IT'S GREAT FOR THE OWNERS, IT'S GREAT FOR AIRBNB BUT IT'S A DISASTER FOR THE NEIGHBORHOOD.

THERE'S NOW AIRBNB PLUS PROVIDED AN UPSCALE OPTION TO HOTELS.

WE CAN GO ON HERE TO DISCUSS JOBS, JOBS LOST, JOBS NOT CREATED BUT THE PASH FROM THE FLORIDA STATE UNIVERSITY ON THE COMMUNITY OWNERSHIP THAT YOU HAVE IN YOUR BINDER ON SHORT TERM RENTALS INCREASED RENT AND ALSO LACK OF HOUSING.

WE DON'T HAVE TIME TO DISCUSS IT BUT YOU CAN READ IT WHEN YOU WOULD LIKE. WE KNOW YOU'RE CONCERNED ABOUT BEING SUED BUT HAS THE CITY BEEN SUED SUCCESSFULLY? I'M A LAYPERSON. I'M NOT A LAWYER, BUT THE ONLY CASE THAT I'M AWARE OF IS A HOLLANDER CASE AND IT WAS NEVER DECIDED, JUST SITTING OUT THERE IN PURGATORY SOMEWHERE.

WE AS RESIDENTS COULD SUE THE CITY FOR TEARING OUR NEIGHBORHOODS APART BUT YOU KNOW WHAT, FOLKS? THAT'S GOING TO COST ABOUT $200,000.

DO YOU THINK THE INVESTORS HERE TODAY HAVE BEEN HERE AND WILL COME BEFORE YOU ARE GOING TO SPEND THAT TO DEFEND THEMSELVES OR SELL THEIR HOUSE ON THIS WONDERFUL MARKET AND MOVE TO ANOTHER TOWN THAT MIGHT WANT AN AIRBNB RENTAL? THE CITY HAS HAD 5 YEARS OR MORE TO FIGURE THIS OUT.

YOU HAVE ADVISED US TO PROVIDE EXPERTS.

IS IT NOT THE CITY'S RESPONSIBILITY TO GET THE EXPERTS INSTEAD OF HAVING ME HIRE THE EXPERTS? I THINK THAT'S YOUR RESPONSIBILITY.

TALLAHASSEE HAS PUT SOME RESTRICTIONS ON SOME THINGS.

THE BURDEN IS ON THE CITY TO DEMONSTRATE BY COMPETENT, SUBSTANTIAL EVIDENCE PRESENTED AT THE HEARING AND MADE PART OF THE RECORD THAT THE CONDITIONAL USE REQUEST BY THE APPLICANT DID NOT MEET STATUTORY STANDARDS, WAS, IN FACT, ADVERSE TO PUBLIC INTEREST. THE RESEARCH HAS BEEN PRESENTED TO YOU. ALLOWING SHORT TERM RENTALS WILL BE ADVERSE TO THE PUBLIC INTEREST, ALL PUBLIC INTEREST, NOT JUST SURF SIDE OR THUMB POINT.

OUR CITY HAS A RESPONSIBILITY TO ME, AS A RESIDENT, OF THE CITY OF FORT PIERCE. OUR CITY HAS A RESPONSIBILITY TO THE 100 PEOPLE WHO HAVE SHOWED UP HERE OVER AND OVER AGAIN.

WE HAVE FEAR, YES, AND YOU SAY IT'S NOT WARRANTED? IT IS WARRANTED FEAR. IT'S BASED ON THE TRENDS HAPPENING WORLDWIDE, NATIONALLY, AND LOCALLY IN OUR STATE.

WE CAN BASE OUR FEAR ON FACTS, READ YOUR BINDERS.

FEAR IS WARRANTED. THIS CITY SEEMS TO BE SO CONCERNED ABOUT BEING SUED. THIS IS WHAT THE CITY NEEDS TO BE PAYING ATTENTION. YOU'RE SETTING US UP FOR FAILURE. IF YOU GIVE THESE CONDITIONAL USES, YOU'RE SETTING US UP FOR FAILURE.

THESE TRCS, JUST LIKE MIKE LAWLER ASKED, THEY'RE LOOKING AT WHAT THEY HAVE ON RECORD, THEY'RE NOT LOOKING AT THE HOUSES BECAUSE THEY'RE TOLD IT'S WHAT THEY HAVE TO DO.

IF THEY GET SUED, WE'RE GOING TO COME BACK TO THE CITY SAYING YOU, AS A CITY, DID NOT DO DUE DILIGENCE.

THE RHETORIC FROM ALL THE PETITIONERS IS ABOUT THE SAME BUT THE FACT IS THIS. THE ONLY RULES REQUIRED ARE THE RULES IMPOISED BY THE CONDITIONAL USE.

THIS HOUSE COULD SELL TO MANY INVESTORS OVER ITS LIFE.

ALTHOUGH I DO NOT FEEL THE PETITIONERS IN THIS CASE ARE

NOT -- >> YOUR TIME IS UP, MA'AM.

>> IT'S IRRELEVANT WHO THE APPLICANT IS.

>> THANK YOU, MA'AM. THANK YOU, MA'AM.

[APPLAUSE] I APPRECIATE YOUR APPLAUSE BUT I DON'T APPRECIATE YOUR APPLAUSE. WE DON'T NEED THAT.

I UNDERSTAND WHY YOU'RE DOING IT.

SO NOW THE INTERVENERS, THIS IS A NEW PROCEDURE HERE.P>> QUESTI.

>> OKAY. DO THE COMMISSIONERS HAVE QUESTIONS FOR THE INTERVENERS? IS THAT CORRECT?

>> YES, MA'AM. >> ALL RIGHT.

[02:05:02]

ANY QUESTIONS OF INTERVENERS? >> I JUST HAVE ONE QUICK QUESTION. I'M NOT SURE WHO WOULD BE BEST

TO ANSWER. >> COULD YOU STEP UP TO THE

MICROPHONE PLEASE, MR. LAWLER? >> HAVE THE INTERVENERS EXPERIENCED ANY ISSUES WITH THE CUL-DE-SAC'S LIMITATIONS IN DEPTH OR WIDTH IN THEIR EXPERIENCE OVER THE COURSE OF

TIME? >> THAT'S FINE.

THEY HAVE TO BE DIRECTED TO THE REPRESENTATIVE AND HE CAN DECIDE

WHO TO ANSWER IT. >> YES, WE HAVE.

WE HAVE EXPERIENCED MANY ISSUES WITH THE SIZE OF THIS CUL-DE-SAC. AS YOU KNOW, WE HAVE POOL MEN, YARD MEN, GARBAGE TRUCKS, WE HAVE ALL OF THE ABOVE THAT WE HAVE MENTIONED AND I DON'T NEED TO GO INTO THEM AGAIN, ESPECIALLY ON MONDAYS AND THURSDAYS WHEN OUR CUL-DE-SACS ARE FULL OF SERVICE PEOPLE AND OUR POOR GARBAGE MAN TRIES TO COME IN THERE, YES, IT'S AN ISSUE AND, YES, IT CONCERNS ME FOR SAFETY BECAUSE IF WE GET IN POSITION ON ANY OF THESE DAYS WHERE WE HAVE ALL OF THESE FOLKS RANGING IN THE CUL-DE-SAC TO DO THEIR JOB AND WE DO HAVE AN EMERGENCY, I THINK IT'S GOING TO BE VERY DIFFICULT TO SERVICE US. THE ONE GOOD THING ABOUT THAT IS MOST OF THESE PEOPLE CAN MOVE. WE KNOW THESE PEOPLE, THEY CAN MOVE. MY CONCERN ABOUT THE SAFETY OF HAVING SOMEONE IN THE CUL-DE-SAC THAT WE DON'T KNOW THAT THEY DON'T KNOW US, THEY DON'T KNOW THE AREA, IS IF THERE'S A FIRE, IF THERE'S ANYTHING LIKE THIS AND YOU'RE IN A STRANGE PLACE IT MAKES IT MORE DIFFICULT TO YOU SO SAFETY IS A CONCERN FOR US

AND FOR THE RENTERS. >> ONE MORE QUESTION.

WE TALKED ABOUT SIDEWALKS MANY TIMES IN THE PAST.

ARE THERE SIDEWALKS IN THIS CUL-DE-SAC?

>> THERE ARE NO SIDEWALKS IN THE CUL-DE-SAC.

THERE ARE NO SIDEWALKS OR CONNECTERS IN THUMB POINT.

CONNECTERS BEING THE PROPER TERM, I THINK.

>> ANY OTHER QUESTIONS? MR. PERONA.

>> THERE'S BEEN A LOT OF REFERENCE TO ROAD CONDITION.

DO YOU HAVE ANY REPORT FROM THE CITY OF FORT PIERCE OR ANY CERTIFIED ENGINEER STATING THE FACT OF THE CURRENT CONDITION OF

FABER COURT? >> I WOULD LOVE TO ANSWER THAT.

I WOULD ABSOLUTELY LOVE TO ANSWER THIS.

NO. AND THE REASON I DON'T IS BECAUSE NO ONE FROM THE CITY WILL CALL ME BACK.

I HAVE CALLED THE ENGINEERING DEPARTMENT THAT DEALS WITH ROADS AND THEY BASICALLY LAUGHED AT ME WHEN I ASKED THEM THE SAME QUESTION I ASKED YOU. WE LOOKED AT PLOVER A COUPLE OF WEEKS AGO. PLOVER IS SLIGHTLY NARROWER THAN FABER COURT BUT NOT BY MUCH AND THE CONCERNS ARE ABOUT THE SAME.

TOM, YOU RUN THROUGH OUR NEIGHBORHOOD, YOU SEE IT.

>> I HAVE AMY ANSWER, THANK YOU. >> MADAM MAYOR.

I HAVE BEEN LISTENING AND LISTENING AND WITH A TENTATIVE EAR AND WHEN THEY SPEAK ABOUT THE ROADS, WHY ARE THEY BLAMING THE APPLICANTS FOR THE CONDITIONS OF THE ROADS? IF YOU CAN'T GET AN ANSWER FROM THE ENGINEERING DEPARTMENT, WHY NOT THE MAYOR'S OFFICE? WHY NOT THE COMMISSIONER'S OFFICE? BUT, AGAIN, I'M JUST LISTENING.

I WOULD LIKE FOR THAT TO BE ANSWERED.

WHY ARE THEY BLAMING THE APPLICANTS FOR THE CONDITIONS OF

THE ROADS? >> COMMISSIONER, WE'RE NOT TRYING TO BLAME THE APPLICANTS FOR THE CONDITIONS OF THE ROAD, WE'RE POINTING OUT THE ROADS ARE A SAFETY HAZARD IN THE AREA WHERE THE APPLICANT IS TRYING TO GET THE PERMIT, THE VARIANCE.

THE ROAD CONDITIONS ARE THE ISSUE.

>> MY QUESTION IS WHY IS THIS BROUGHT UP AT THIS TIME? IT'S THERE. IT'S BEEN THERE.

IT WILL BE THERE. IT'S NOT THEIR PROBLEM, THEIR FAULT. THEY'RE MOVING INTO A BAD

COMMISSION. >> HEY COMMISSIONER ALEXANDER AND WELCOME BACK. THE BOTTOM LINE IS -- AM I SCREAMING IN I'M SORRY. I'LL BACK UP, MY HUSBAND SAYS I DO THAT A LOT. WHAT WE'RE TALK ABOUT IS CONDITIONS OF THE ROAD AND THE SAFETY THAT IT AFFECTS.

WE WILL HAVE PEOPLE COMING INTO OUR NEIGHBORHOOD WITH THESE NEW

[02:10:01]

RENTALS THAT WILL NOT KNOW OUR NEIGHBORHOODS.

WE DON'T HAVE A POTHOLE SO TO SPEAK BUT RIGHT ABOUT WHERE THAT MANHOLE IS IF IT GETS WET AND WE DIDN'T HAVE THE ADVANTAGE OF PLOVER TO TAKE ADVANTAGE OF IT WHEN IT RAINS A BECAUSE THERE WS NO RAIN. OUR CONCERN IS PEOPLE COMING INTO THE NEIGHBORHOOD WITH ROADS THAT ARE NOT ADEQUATE OR WIDE ENOUGH, ESPECIALLY THAT CUL-DE-SAC AND THEY'RE IN DISREPAIR SO, YES, WE THINK IT POSES A SAFETY ISSUE AND WE

THANK YOU FOR ASKING US. >> ANY OTHER QUESTIONS OF THE INTERVENER? ALL RIGHT.

THANK YOU VERY MUCH. NOW --

>> MR. LAWLER CAN TAKE A SEAT. THE APPLICANT HAS A CHANCE TO

ASK QUESTIONS. >> THAT'S WHERE I WAS GETTING.

KEEP ME IN LINE. >> MY FIRST QUESTION IS FOR MS. SCHAFFER. YOU REALLY ARE SAYING THAT NOBODY SHOULD LIVE IN THIS HOUSE.

>> NOT AT ALL. >> OKAY, LET'S TAKE A LOOK AT THAT. THESE HOUSES ARE ALREADY THERE,

THEY HAVE BEEN THERE YEARS. >> 57.

>> YEAH, FAMILIES HAVE BEEN LIVING IN ALL THOSE HOUSES SINCE

1957. >> PEACEFULLY, IN TRANQUILITY.

>> THAT'S GREAT AND YOU'RE MAKING MY POINT FOR ME.

>> I BET I'M NOT, BUT KEEP GOING.

>> I'M WONDERING ABOUT THIS BECAUSE THERE'S BEEN A FAMILY LIVING THERE AND THE GARBAGE MAN HAS COME EVERY TIME AND PICKED UP THE GARBAGE AT ALL THESE HOUSES --

>> WE HAVE A NEW RENTER IN THERE.

NO, LET ME ANSWER. WE HAVE A NEW RENTER IN THERE --

>> MS. SCHAFFER. ALLOW HIM TO ASK QUESTIONS.

HE SHOWED YOU THE SAME RESPECT. >> YES, SIR.

THE GARBAGE MAN GOES TO ALL THE HOUSES, RIGHT?

>> NO, HE COMES TO MINE. >> IS IT IMPOSSIBLE THAT THIS HOUSE AT 1507 FABER COURT CAN'T PUT THEIR GARBAGE THERE.

>> WHEN THEY'RE LONG TERM REPRESENTERS, YES, THAT'S POSSIBLE BUT IT'S NOT MY JOB, WAIT A MINUTE, LET ME ANSWER THE QUESTION. I WOULD LIKE TO ANSWER THE QUESTION. IT IS NOT MY JOB AS A NEIGHBOR TOO TALK TO A DIFFERENT PERSON EVERY MONDAY AND THURSDAY TO TELL THEM WHERE TO PUT THEIR CRASH.

YES, I CONSIDER IT AN INCONVENIENCE.

IT'S NOT MY JOB TO POLICE VACATION RENTERS.

>> OKAY. WELL, LET'S TALK ABOUT THE ROAD.

YOU SAY OH, THE ROAD, THE ROAD, BUT, AGAIN, HOW DOES A FAMILY LIVING AT THIS HOUSE, AT 1507 HAVE ANY NEGATIVE EFFECT ON THE CONDITION THAT'S ALREADY IN THE ROAD.

>> IT DOESN'T BUT THE ROAD MIGHT HAVE A NEGATIVE CONDITION ON THEM. THEY ARE NOT FAMILIAR WITH OUR ROADS. THEY ARE NOT FAMILIAR WITH THE CONDITIONS OF THE ROAD AND, YES, THE CITY OF FORT PIERCE IS RESPONSIBLE FOR FIXING THOSE ROADS AND MR. GAUARNIZO AND WE WOULD LIKE TO HAVE THE ROADS FIXED.

OTHER CONDITIONAL USE PERMITS HAVE BEEN DENIED WITH THE SAME

CONDITIONS. >> HOW IN THE WORLD DOES THE CONDITION OF THE ROAD, IN YOUR -- EVEN IN YOUR OPINION, HOW IN THE WORLD WOULD THE CONDITION OF THE ROAD ACTUALLY HAVE AN EFFECT OR AN INFLUENCE ON THE PEOPLE THAT ACTUALLY LIVE

IN THE HOMES? >> IT DOESN'T ON THE PEOPLE THAT LEAVE IN THE HOMES, ALTHOUGH WE WOULD LIKE FOR THEM TO BE REPAIRED BY THE CITY WITH THE PAYER DOLLARS THAT WE PAY THEM.

>> WOULD YOU AGREE WITH ME WE'RE NOT TALKING ABOUT ADDING A HOME TO THIS CUL-DE-SAC. IT'S ONE OF THE HOMES THAT HAVE

BEEN IN THE CUL-DE-SAC FOR YEARS >> I DO NOT AGREE WITH YOU.

THE STATE CAN SAY WHATEVER YOU SAY BUT GOD DAMN WHEN YOU PAY

[02:15:01]

TAXES, IT'S NOT A COMMERCIAL PROPERTY.

>> I DON'T HAVE ANY OTHER QUESTIONS FOR YOU.

>> THANK YOU. >> ANY OTHER QUESTIONS OF ANY --

>> YEAH, I WOULD LIKE TO TALK TO MS. [INDISCERNIBLE] PLEASE.

DO YOU HAVE ANY RENTAL PROPERTIES IN THUMB POINT?

>> YES, I DO. >> AND ARE YOUR RENTAL PROPERTIES, ARE THEY ON PLACES WHERE THE ROADS ARE THE SAMES AS THEY ARE HERE IN FABER AROUND FABER?

>> WELL, I HAVEN'T MEASURED. I'M GUESSING ABOUT ABOUT THE SAME AS FABER. A. OKAY.

>>>> AND YOU HAVE SEEN THE PICTURES I PROVIDED WITH THE

CARS PARKED ALL AROUND. >> I HAVE AND YOU ARE INCORRECT ON SOME OF IT. FIRST OF ALL, TO THE RIGHT OF THAT HOUSE IS MY HOUSE AND I DO NOT HAVE THE SAME LAWN SERVICE, I DON'T HAVE A LAWN SERVICE SO THAT'S NOT CORRECT.

>> I WASN'T TALKING ABOUT THAT. I'M TALKING ABOUT THE FLUFFS THAT SHOW ALL THE CARS PARKED IN FRONT OF THEPHOTOGRAPHS THAT SH CARS PARKED IN FRONT OF THE HOUSES AROUND THERE.

>> THERE ARE TWO PEOPLE IN THE HOUSES AND THEY HAVE LOTS OF TOYS. IS THAT A PROBLEM? NO. PEOPLE CAN HAVE A GOLF CART.

I KNOW WHO YOU'RE TALK ABOUT, IT'S THE LONGSTREETS, THREE CARS, A BOAT, AND A GOLF CART BUT THERE ARE TWO PEOPLE LIVING

THERE. >> BUT THE NUMBER, THERE COULD BE 12 PEOPLE LIVING THERE WITH THE NUMB OF CARS, COULDN'T

THERE? >> THERE COULD BE.

>> LIKEWISE, HOWEVER, THIS HUSE, WHICH IS ALREADY THERE, WHICH ALREADY HAS FAMILIES IN IT, HAS HAD FOR YEARS IS ONLY

GOING TO HAVE TWO CARS, RIGHT? >> THAT'S WHAT YOU SAY.

LET'S MAKE A DIFFERENCE. YOU ASK ME ABOUT MY RENTERS --

>> TIME IS UP. >> ALL RIGHT, I NEED MORE TIME.

I WANT TO RECORD TO REFLECT I NEED MORE TIME.

>> THAT'S THE TIME YOU'RE ALLOTTED, SIR, THANK YOU.

>> NOTE MY OBJECTION, PLEASE. THANK YOU.

>> ALL RIGHT. SO WE ARE NOW READY FOR PUBLIC COMMENT. ANY MEMBER OF THE PUBLIC WHO HAS BEEN SWORN IN AND WANTS TO COME FORWARD AND SPEAK, YOU HAVE 3 MINUTES AND YOU'RE GOING TO BE GIVING THEM A THREE SECOND

WARNING, IS THAT RIGHT? >> YES, MA'AM.

>> SO PLEASE STATE YOUR NAME AND YOUR ADDRESS AND THE FACT THAT

YOU HAVE BEEN SWORN IN -- >> GIVE ME JUST ONE QUICK

SECOND. >> YES, MA'AM.

>> THANK YOU, [INAUDIBLE] I WAS SWORN IN.

>> THANK YOU. >> I'M RIGHT DOWN THE ROAD AND I

HAVE PICTURES, CAN I -- >> YOU CAN GIVE THEM TO THE OFFICER WHO CAN GIVE THEM TO THE CLERK.

>> I HAVE TWO LITTLE BOYS AND AS IT WAS STATED ON THE RECORD, THERE ARE NO SIDEWALKS IN OUR NEIGHBORHOOD.

THE BASKETBALL HOOP THAT WAS KNOCKED OVER BY THE MOVING COMPANY IS OURS. IT'S WHERE MY KIDS PLAY.

ALL IT TAKES IS ONE PERSON WHO DOESN'T KNOW THAT NEIGHBORHOOD THAT IS RENTING THAT HOUSE THAT ENJOYS SOME DRINKS AT A RESTAURANT THAT ARE BEACH OFFERS TO COME AROUND THAT CORNER TOO QUICK AND TO HURT ONE OF MY CHILDREN.

THEY HAVE BEEN ABLE TO PLAY THERE, IT'S A QUIET AREA.

THE PEOPLE WHO COME IN AND OUT OF THERE KNOW THAT I HAVE KIDS.

I KNOW I'M THE ONLY ONE BACK THERE THAT HAS KIDS BUT THAT'S CHANGING SLOWLY. THE DEMOGRAPHIC IS CHANGING IN OUR NEIGHBORHOOD. ALL IT TAKES IS ONE PERSON.

I'M CONCERNED FOR THE SAFETY OF MY CHILDREN.

WE BOUGHT THIS HOUSE ALMOST 12 YEARS AGO WHEN I WAS PREGNANT WITH MY OLDEST, MY HUSBAND IS ACTIVE DUTY.

HE DOESN'T LIVE WITH US MUCH. I LIVE IN A SAFE NEIGHBORHOOD WITH MY CHILDREN BECAUSE OF THE SAFETY IT PROVIDED 12 YEARS AGO WHEN WE MOVED THERE. YOU SAY THAT, OH, IT'S NOT ABOUT THE ROAD, YOU'RE RIGHT, IT'S ABOUT THE TRAFFIC THAT'S GOING TO BE ON THAT ROAD THAT'S NOT NORMALLY THERE.

THE PARKING IN THE STREET OF THE VEHICLES THAT ARE GOING TO BE SERVICING, I DON'T HAVE A LAWN SERVICE BECAUSE I'M A TEACHER AND I CAN'T AFFORD THAT AND SO BUT IF THERE IS ANY TYPE OF VEHICLE, EVEN IF IT'S PARKED IN FRONT OF THEIR HOUSE, YOU CANNOT TURN AROUND IN THAT CUL-DE-SAC. I HAVE A SUBURBAN, I CAN'T TURN AROUND IN THAT CUL-DE-SAC WITHOUT DOING A THREE POINT TURN. IT'S IMPOSSIBLE, IT'S WAY TOO

[02:20:02]

SMALL. IF YOU SAY THAT THE CUL-DE-SAC IS SAFE AS THEIR ATTORNEY STATED.

CUL-DE-SACS ARE THE SAFEST PLACE TO PLAY, I AGREE, THAT'S WHY I MOVED THERE. IF YOU HAVE DIFFERENT PEOPLE COMING THERE EVERY WEEKEND AND THEY DON'T KNOW THE AREA, THEN IT'S NOT SAFE FOR MY KIDS. THIS IS NOT A SAFE PLACE TO HAVE AN AIRBNB. IT HAS NOTHING TO DO, ANY TYPE OF SHORT TERM RENTALS SHOULD BE THERE.

IT HAS NOTHING TO DO WITH THE PEOPLE WHO OWN THE HOUSE, ANYTHING LIKE THAT. LONG TERM RENTERS, THEY GET TO KNOW US, WE HAVE RELATIONSHIPS WITH THEM. THAT'S NOT AN ISSUE BUT IF WE HAVE NEW PEOPLE EVERY OTHER WEEKEND ONCE A MONTH.

ALL IT TAKES IS ONE PERSON NOT KNOWING THAT TO TURN AROUND IN THAT CORNER AND HIT ONE OF MY KIDS AND RUIN EVERYBODY'S LIFE.

THEY'RE GOING TO CHECK PEOPLE AT THE HOUSE, WHO IS GOING TO DO THAT? IS THERE GOING TO BE SOMEONE THERE TO LET YOU NO TO GIVE YOU THAT KEY TO GIVE YOU THAT KEY I TO GIVE YOU THAT KEY N TO GIVE YOU

THAT KEY TO SEE WHO IS THERE? >> THAT'S IT, THANK YOU.

PLEASE DO NOT APPLAUD. PLEASE PROCEED.

STATE YOUR NAME AND ADDRESS AND WHETHER YOU HAVE BEEN SWORN IN,

SIR. >> DAVID UNDERHILL AT 1713 BAY SHORE DRIVE AND I WAS SWORN IN. ONE THING WE HAVE NOT HEARD TONIGHT. WE HEARD A LOT ABOUT THE APPLICANT AND THEIR RIGHTS BY WE DID NOT HEAR FROM THE ATTORNEY THAT THE APPLICATION IS NOT FOR THE APPLICANTS, IT'S FOR THE PREMISE. HOMES ARE SELLING LEFT AND RIGHT, WE SELL THE HOME AND THIS PERMIT GOES WITH THAT HOME SO THEY MAY DO BACKGROUND CHECKS AND MAKE SURE THEY HAVE THE RIGHT PEOPLE, THEY MIGHT DO WHATEVER BUT THAT STAYS WITH THE HOME, THEY COULD FLIP THE HOME AND WE'RE STUCK WITH IT.

>> WHO IS NEXT? >> I'M GOING TO HAVE AN APPLICANT'S ATTORNEY HE HAS AN OBJECTION TO PUT ON THE RECORD.

>> FOR THE RECORD, I WANT TO BE ABLE TO ASK QUESTIONS OF THE FOLKS COMING UP NOW TO SPEAK TO QUESTION THEM AND I WANT TO HAVE THAT ABILITY. I UNDERSTAND THAT I DON'T HAVE THAT ABILITY BUT I WANT TO MAKE SURE THE RECORD IS CLEAR THAT I MADE THAT REQUEST AND I WAS NOT ABLE TO DO THAT.

>> THANK YOU, SIR. >> VERY CLEAR.

WHO IS NEXT? WHO WANTS TO SPEAK NEXT?

>> COMMISSIONERS, MAYOR. MY NAME IS ANNE AUPUPSUPINO, I AT 1564 THUMB POINT DRIVE. I WAS SWORN IN.

WE MOVED HERE IN 2015 AND I WANT TO STATE FOR THE RECORD THAT BEFORE WE MOVED TO FORT PIERCE, I DID SOME DUE DILIGENCE RESEARCH REGARDING WHAT I WAS ENTITLED TO.

THE APPLICANTS LAIRS SAID THEY ARE ENTITLED TO HAVE THEIR PERMIT APPROVED. WHAT AM I ENTITLED TO FOR BEING A FULL TIME RESIDENT OF FORT PIERCE TO MAKE SURE THAT I WASN'T IN A SITUATION WHERE THERE WOULD BE SHORT TERM RENTALS MOVING IN NEXT TO ME, ACROSS THE STREET FROM ME IN MY NEIGHBORHOOD? THE ONLY REASON I KNEW ABOUT THIS IS I HAD EXPERIENCED IT. I WAS PARTIAL OWNER OF A HOUSE ON THE WEST COAST OF FLORIDA AND THE LITTLE CITY WE WERE IN HAD AN ORDINANCE AGAINST SHORT TERM RENTALS AND A HOUSE TWO DOORS DOWN WAS A BEACH HOUSE, STARTED RENTING SHORT TERM AND THE REASON THEY COULD DO THAT IS THEY FOUND THAT THAT ORDINANCE WAS NOT CODIFIED THEY IT WAS NOT ENFORCEABLE, SO I HAD FIRSTHAND KNOWLEDGE OF WHAT CAN HAPPEN WHEN THERE'S A SHORT TERM RENTAL NEARBY AND WHAT KIND OF IMPACT IT CAN HAVE ON A NEIGHBORHOOD.

THEY DON'T KEEP THE SAME HOURS THAT NORMAL PEOPLE DO, THAT FULL TIME RESIDENTS DO. THEY DON'T HAVE TO GET UP FOR WORK THE NEXT DAY, THEY DON'T HAVE TO BE A COHESIVE PART OF THE NEIGHBORHOOD BECAUSE THEY'RE NOT GOING TO LOOK YOU IN THE EYE AGAIN THE NEXT DAY, THE NEXT TIME GARBAGE IS PICKED UP, SO ON AND SO FORTH. UNFORTUNATELY I BOUGHT MY HOUSE IN 2015, I BOUGHT A BUILDING LOT IN 2017.

I'M WAITING FOR FINAL APPROVAL FROM THE CITY TO START BUILDING A $2 MILLION HOUSE. BUT WHAT'S GOING TO PREVENT

[02:25:04]

ANYBODY FROM TAKING THE HOUSE NEXT TO MINE AND MAKING IT A SHORT TERM RENTAL? DO I WANT TO INVEST THAT MUCH MONEY INTO FORT PIERCE? WE OWN FOUR PROPERTIES, BY THE WAY. DO I WANT TO INVEST THAT MUCH MORE MONEY IN FORT PIERCE WHEN I HAVE NO ASSURANCE OF MY ENTITLEMENT AS A PROPERTY OWNER. WHAT RIGHTS DO I HAVE TO KEEP MY NEIGHBORHOOD A COHESIVE, SINGLE FAMILY NEIGHBORHOOD? PEOPLE WANT TO RENT, NOTHING PERSONAL.

THE ORDINANCE SAYS THEY CAN RENT, JUST CAN'T RENT FOR LESS THAN 30 DAYS. LET THEM RENT FOR 30 DAYS OR MORE. ALL THESE HOUSES ARE BEING BOUGHT UP AT EXTRAORDINARY PRICES AND IMMEDIATELY BEING ASKED TO BE TURNED INTO SHORT TERM RENTALS.

THESE PEOPLE DON'T HAVE A STAKE IN OUR NEIGHBORHOOD.

THOSE OF US WHO HAVE LIVED US SINCE THE 90S, THE 2000S, 2010S.

WE HAVE INVESTED IN THIS NEIGHBORHOOD.

>> THANK YOU. THANK YOU VERY MUCH.

[APPLAUSE] WHO IS NEXT?

>> TIMOTHY BANKSTON 202 [INDISCERNIBLE] STREET.

WE'RE NOT AGAINST THE PEOPLE WE JUST DON'T WANT OUR RESIDENCES TURNED INTO A BUSINESS COMMUNITY.

I LIKE TO TALK ABOUT THE GENERAL WELFARE OF THE INDIVIDUAL, COMMON SENSE WOULD TELL YOU THAT HAVING A STRANGER EVERY OTHER DAY IN A HOUSE NEXT DOOR TO YOU WOULD HAVE A NEGATIVE EFFECT ON YOUR HEALTH, PEACE, AND SAFETY, YOUR GENERAL WELFARE AS AN INDIVIDUAL, GENERAL WELFARE OF THE NEIGHBORHOOD, COMMON SENSE WOULD TELL YOU THAT RESOLVE A REVOLVING DOOR IN THE NEIGHBORHOODS EVERY OTHER DAY WOULD LEAD TO A VERY ANXIOUS NEIGHBORHOOD. JEN THE GENERAL WELFARE OF THE TOWN, THE GENERAL WELFARE OF TH TOWN, COTOWN, COMMON SENSE WOULD TELL YOU THAT NEIGHBORHOODS AND THOSE WHO LIVE IN THEM VOTE, OPEN BUSINESSES AND EMPLOY PEOPLE IN THE BUSINESSES THAT EXIST. THEY ENSURE THE HEALTH, PEACE, AND SAFETY OF THEIR CITIZENS. THOSE IN NEIGHBORHOODS JOIN RELIGIOUS ORGANIZATIONS, IF RETIRED, THEY VOLUNTEER, THIS IS WHAT APPROPRIATES HEALTH AND VITALITY, NO A NEIGHBORHOOD WHERE NO ONE VOTES, NO ONE IS INVOLVED IN ORGANIZATIONS THAT PROMOTE HEALTH AND SAFETY TO THE NEIGHBORHOODS BUT ARE ONLY SELF-SERVING INVESTORS, ERGO THE GENERAL SAFETY OF OUR TOWN.

IT'S YOUR RESPONSIBILITY TO ENSURE GENERAL WELFARE TO OUR TOWN. I KNOW TALLAHASSEE IS TRYING TO TAKE ALL OUR RULE AWAY BUT THEY HAVE NOT YET.

SB522 WAS PAYATABLED. IT DOES NOT PASS.

MADAM MAYOR COMMISSIONER DETERMINES WHO IS DESIRABLE.

OVER 50% OF THE SURF SIDE NEIGHBORHOOD CONSIDERED A POSSIBILITY OF THE REVOLVING DOOR NEIGHBOR NEXT DOOR TNEIGHR UNDESIRABLE. I CAN SAY IT'S ALREADY AFFECTED MY GENERAL WELFARE. THIS IS NOT AN OPTION OR AN OPINION BUT A FACT. WITH RESPECT WE ASK THAT YOU PLEASE DENY THIS APPLICATION AND THAT WILL REMOVE GENERAL WELL TEAR FROM OUR CITIZENS, OUR NEIGHBORS AND EVENTUALLY OUR TOWN. THANK YOU.

WE URGE YOU PLEASE VOTE KNOW AND THANK YOU FOR LETTING ME EXERCISE MY FIRST AMENDMENT RIGHT, THANK YOU.

>> ABSOLUTELY. THANK YOU.

WHO IS NEXT? >> HELLO, I'M AT 1578 THUMB POINT DRIVE AND I HAVE BEEN SWORN IN.

HOW ARE YOU THIS EVENING? JUST A FEW POINTS KIND OF ON THE OTHER SIDE. FIRST, THIS IS LESS OF A FOOTPRINT, IT'S THE SAME AMOUNT OF PEOPLE, LESS TIME SO IT'S LESS PEOPLE. IT'S LESS CARS OR THE SAME AMOUNT OF CARS, THAT'S NOT AN ISSUE.

SECOND, IF ANYBODY HAS EVER DONE PROPERTY MANAGEMENT, IT SOUNDS LIKE WE HAVE A LOT IN THE COMMUNITY, EVICTING A LONG TERM RENTING IS A VERY DIFFICULT PROCESS.

IT CAN TAKE A YEAR OR MORE AND YOU'RE STUCK WITH THAT PERSON

[02:30:01]

NEXT DOOR WHO COULD BE HAVING PARTIES ANY TIME THEY WANT, TRASH OUTSIDE, BIKES OATS, IT CLUTTERSES UP THE COMMUNITY BUT AN AIRBNB YOU CAN CALL AND HAVE SOMEONE REMOVED IN 2 HOURS.

IF THE PERSON IS A NUISANCE, TT THEY CAN BE REMOVED. I WATCH ANALYZE BEHAVIOR, I HAVE A DOCTORATE IN PSYCHOLOGY. THIS IS NOT ABOUT KIDS IN A CUL-DE-SAC. THIS IS NOT ABOUT SIDEWALKS AND PATCHES AND ROADS THIS HAVE NOTHING TO DO WITH THE APPLICANT. IT'S NOT ABOUT PROPERTY VALUE GOING DOWN, IT'S NOT ABOUT TRACK CANS AND THREE POINT TURNS OR THE SAFETY OF THE NEIGHBORHOOD AND MENTAL HEALTH.

IT'S ABOUT THE FEAR OF CHANGE. THIS IS CHANGE.

PEOPLE FEAR CHANGE. THEY FEAR WHAT'S UNCOMFORTABLE AND THE PEOPLE THAT HAVE LIVED HERE FOR 20 YEARS ARE UNCOMFORTABLE. THEY FEAR SOMETHING BAD IS GOING TO HAPPEN AND IT HASN'T HAPPENED YESTERDAY, WHICH CAUSES ANXIETY.

SO BECAUSE OF THAT, I URGE YOU TO VOTE YES.

CHANGE HAS TO HAPPEN. IT HAS TO HAPPEN TO MAKE COMMUNITIES GROW. THREES GOOD THINGS, GOOD CHANGES, PEOPLE COME AND SEE THE NEIGHBORHOOD.

I BOUGHT BECAUSE I STAYED HERE. I DID.

I STAYED HERE TWICE AND HAD A REALLY GOOD EXPERIENCE AND I WOULD LIKE OTHERS TO HAVE THAT EXPERIENCE AS WELL.

THANK YOU FOR YOUR TIME AND I HOPE YOU VOTE YES.

>> THANK YOU, MA'AM. >> ANYONE ELSE WISHING TO SPEAK?

PLEASE COME FORWARD. >> GOOD EVENING, THANK YOU FOR YOUR TIME. I LIVE AT 1703 SUNSET AISLE AND I I HAVE BEEN SWORN IN.

I WANTED TO TALK ABOUT IRE GENERAL WELFARE, SHORT TERM RENTALS HAVE A VERY NEGATIVE IMPACT ON JOBS AND ON HOSPITALITY. THERE'S ALL KINDS OF NATIONAL DATA TO PROVE THIS. SHORT TERM RENTALS ARE JOB KILLERS. LEGITIMATE HOTELS CREATE 0.5 TO 2.0 JOBS PER ROOM DEPENDING ON IF IT'S A FULL SERVICE OR LIMITED PROPERTY. SO A 200 ROOM LUXURY HOTEL WOULD EMPLOY ABOUT 400 PEOPLE. THESE JOBS INCLUDE FRONT DESK, SECURITY, BELLMEN, VALET, HOSTS, WAITERS, BARTENDERS, COOKS, ENGINEERING ACCOUNTING AND MARKETING AND MANAGEMENT AND MANY OTHERS. MANY PROVIDE STEADY JOBS, PROFESSIONAL CAREERS, BENEFITS. PRESUMING A RESIDENTIAL PROCESS HAD A POOL CLEANER, LANDSCAPER AND HANDYMAN, THE ONLY INCREASE IN EMPLOYMENT IS A SHORT TERM RENTAL IS FOR HOUSEKEEPING.

HOUSEKEEPERS TYPICALLY CLEAN 15 TOO 20 HOTEL ROOMS PER DAY BUT A SHORT TERM RENTAL ALSO HAS A KITCHEN AND LIVING ROOM TO CLEAN SO LET'S SAY THEY CAN CLEAN EIGHT BEDROOMS TODAY BEHR DAY OR TWO FOUR BEDROOM HOUSES. THE AVERAGE LENGTH OF STAY AT A SHORT TERM RENTING IS ABOUT 4 DAYS A WEEK.

A FOUR BEDROOM SHORT TERM RENTAL CREATES 0.2 JOBS IN HOUSEKEEPING E-MAIL FOUR ROOMS IN A LEGITIMATE HOTEL CREATES 2 TO 8 FULL TIME JOBS. COMPARED TO HOTELS, EVERY BEDROOM IN A SHORT TERM RENTING KILLS ABOUT ONE HOSPITALITY JOB IN FLORIDA ALONG WITH THE GROWTH THAT GOES WITH EACH JOB.

SHORT TERM RENTALS ARE VERY PROFITABLE BECAUSE THEY CAN CHARGE RATE THAT IS COMPETE WITH LEGITIMATE HOTELS.

THE COST OF RUNNING A RESIDENTIAL PRODS ARE MUCH, MUCH LOWER THAN HOTELS. SHORT TERM RENTALS HAVE NO OCCUPANCY LIMITS, NO HEALTH OR SAFETY STAFF STANDARDS AND NO ADA REQUIREMENTS. SHORT TERM RENTALS HAVE PREFER RENTAL ZONING AND PAY LOWER TAX PROPERTIES AND UTILITY RATES.

NEIGHBORS ARE FORCED TO SERVE AS THE FRONT DESK TO IDENTIFY PROBLEMS AND LOCAL POLICE ARE THE SECURITY STAFF AT TAXPAYER EXPENSE. THEY'RE OUT OF TOWN AND CAN'T DEAL WITH PROMISES THEMSELVES. THANK YOU FOR LISTENING,

>> THANK YOU VERY MUCH. WHO IS NEXT?

[02:35:02]

SIR? DO NOT SPEAK TO ANYBODY WHILE

WE'RE DOING THIS, PLEASE. >> GOOD AFTERNOON.

I'M EDIE JONES. I LIVE AT 202 FERNADIA STREET.

I HAVE NOT BEENNDIA STREET. I HAVE NA STREET.

I HAVE NOT BEEN SWORN IN. SO I WOULD LIKE TO DO THAT.

I DON'T HAVE PREPARED REMARKS BUT I LIVE ON THE CORNER THAT'S A WELL-KNOWN CROSS ROADS OVER ON THE BEACH AND IT'S FAMILIAR TO MANY. LET'S SEE.

I FEEL COMFORTABLE, HAPPY, AND SAFE IN FORT PIERCE AND ON THE BEACH IN FORT PIERCE SOUTH BEACH.

I DON'T WISH TO EXCLUDE ANY PERSONS FROM LIVING ON THE BEACH. I DO FEEL THAT SHORT TERM RENTALS IN AN OTHERWISE SINGLE FAMILY LIVING AREA ARE NOT TO MY PERSONAL WELL-BEING. I HAVE FIRSTHAND KNOWLEDGE OF WHAT HAPPENS AT AN AIRBNB BECAUSE THERE WAS ONE DIRECTLY ACROSS THE STREET FROM ME THAT WAS NOT EVEN IN THE PROCESS OF BEING PERMITTED, HAD NOT BEEN THROUGH PLANNING, NONE OF IT AND YET ADVERTISED ON AIRBNB AT A SUBSTANTIAL NIGHTLY RATE, WAS FULL FOR MANY WEEKS ON END. THERE MIGHT HAVE BEEN TWO OR 3 DAYS DURING THE WEEK THAT IT WAS NOT OCCUPIED.

THERE WERE THE STANDARD NUMBERS OF PEOPLE, THREE BEDROOM, I THINK IT MIGHT HAVE BEEN AS MANY AS NINE PEOPLE WHO COULD STAY THERE, I DON'T REMEMBER EXACTLY BUT THERE WAS THE TWO CAR LIMIT.

THERE WERE DAYS WHEN THERE WERE 19 PEOPLE THERE AND THERE WERE A COUPLE OF DAYS WHEN THERE WERE NINE CARS PARKED IN THE YARD, BLOCKING THE SIDEWALK, IN THE SWELL ON MY SIDE OF THE STREET, TOO. IT'S KIND OF MADDENING WHEN THAT KIND OF THING HAPPENS. SO AIRBNB ADVERTISES, THEY DON'T ENFORCE ANYTHING. IF EVERY NEIGHBOR ON THE BLOCK IN THE AREA AROUND WOULD HAVE THE NUMBER TO THE PERSONAL REPRESENTATIVE OF THE OWNER OR TO THE OWNER SO WE COULD CALL THEM WHEN THERE'S A PROBLEM AND LET THEM HANDLE THE PROBLEMS OF GETTING IT TAKEN CARE OF. I'M AGAINST IT BECAUSE I DON'T WANT TO LIVE NEXT TO IT AND THING IF YOU ASK MOST PEOPLE, THEY WOULDN'T WANT TO LIVE NEXT TO IT.

THEY WOULDN'T BUY A HOME NEXT TO IT.

I HAVE ASKED A LOT OF PEOPLE AND THAT'S WHAT THEY SAY, BUT IT'S

NOT OFFICIAL, THANK YOU. >> THANK YOU, MA'AM.

>> ANYONE ELSE WISHING TO SPEAK PLEASE COME FORWARD.

>> ROSS CRITTENDON, 615 FABER. >> HAVE YOU BEEN SWORN?

>> YES, I HAVE LINDA, MAYOR LINDA.

MY GRANDCHILDREN PLAY WITH CALISSE'S CHILDREN.

THEY GO BACK AND FORTH, IT'S BEEN A NEIGHBORHOOD I HAVE LOVED TO LIVE IN. I REALLY LIKE THE PEACE, THE QUIET, I DON'T WANT THE REVOLVING DOOR OF PEOPLE COMING AND GOING. I REALIZE PEOPLE HAVE THEIR RIGHTS BUT I HAVE MY RIGHTS TO PEACE AND QUIET, TO MY GRANDCHILD BEING HAPPY. WE WOULD HAVE A GOOD TIME.

SINCE THE LAST MEETING, THERE WAS AN APPROVAL OF 1577 THUMB POINT DRIVE AND SUBSEQUENTLY THE NEIGHBORS THAT LIVE NEXT DOOR HAVE DECIDED TO MOVE TO STUART, FLORIDA.

THEY INVESTED IN THAT PROPERTY AND THEY MADE IT NICE, IT WAS PEACEFUL BUT THEY'RE MOVING. OTHER PEOPLE HAVE EXPRESSED TO ME THE FACT THAT THERE ARE QUESTIONS AS TO WHETHER THEY WANT TO STAY IN THIS WONDERFUL WONDERFUL THUMB POINT AREA.

IT IS A GEM OF FORT PIERCE AND I HOPE THAT THE CITY OF FORT PIERCE LOVES THAT NEIGHBORHOOD TO THE POINT THEY DON'T DESTROY IT. THANK YOU SO MUCH FOR LISTENING

TO ME. >> THANK YOU, SIR.

ANYONE ELSE? ANYONE ELSE?

>> EUGENE [INDISCERNIBLE] I HAVE BEEN SWORN IN.

[02:40:18]

>> WE ALL HAVE PROPERTY RIGHTS. THE RIGHTS WE HAVE CURRENTLY, THAT OWNS PROPERTY YOU CAN RENT YOUR HOUSE FOR 6 MONTHS OR A YEAR OR YOU CAN MOVE IN OR SELL THE PLACE.

I UNDERSTAND THEY WANT TO HOLD THE PLACE SO THEY CAN GET MOVED IN AND THAT'S GREAT. SO WHY NOT JUST RENT IT FOR 6 MONTHS OR A YEAR SO WHEN THEY'RE READY, THE PERSON CAN MOVE OUT AND THEY MOVE IN, THEY DON'T NEED TO HAVE A SHORT TERM RENTAL TO DO THIS. THE ONLY REASON THEY'RE DOING THIS IS TO MAKE A PROFIT. IT'S JUST A LOT OF OTHER PEOPLE COMING IN FROM OUT OF THE CITY, OUT OF THE COUNT AND THEY JUST WANT TO PROFIT OUT OF THE CITY OF FORT PIERCE, THAT'S MY OPINION. FORT PIERCE HAS BEEN AROUND FOR A HUNDRED YEARS. AS ONE OF THE INTERVENERS STATED, WHAT MAKES THIS DIFFERENT FROM EVERY OTHER ROAD IN FORT PIERCE, IT'S NOT ALL THE ROADS IN FORT PIERCE.

ALL THE ROADS IN FORT PIERCE, NOT ALL OF THEM BUT A LARGE NUMBER OF THEM COULD USE SOME WORK.

I SEE ONE OF THE COMMISSIONERS ON TV A LOT ABOUT SEE IT CLICK IT FIX IT. GREAT PROGRAM.

THAT'S WHAT FORT PIERCE NEEDS BUT TO CATER TO CONDITIONAL USE APPLICANTS, EVERYBODY WANTS A WIDE ROAD AND A SIDEWALK AND DRAINAGE AND A SIDEWALK BUT TO CATER TO PEOPLE WHO WANT TO COME HERE JUST FOR CONDITIONAL USES, THAT'S NOT RIGHT.

WE DON'T HAVE A LARGE TAX BASE IN FORT PIERCE.

WE NEED TO FOCUS IT WHERE WE NEED IT.

WE HAVE OLD NEIGHBORS LIKE MORRIS CREEK AND LINCOLN PARK THAT COULD USE A LOT MORE RESOURCES THAN WE HAVE SO, YES, FAR ROW RNAROW ROAROW ROADS, OL. THEY DON'T NEED MORE RIGHTS, THEY'RE COMPLAINING BECAUSE THEY WANT MORE RIGHTS THAN EVERYONE ELSE. LIKE I SAID, RENT THE PLACE FOR 6 MONTHS OR A YEAR OR A FEW YEARS.

WE WANT A NEIGHBORHOOD HERE, NOT A BUSINESS.

>> THANK YOU, SIR. ANYONE ELSE?

>> [INDISCERNIBLE] AM I ALLOWED TO ASK A QUESTION TO COUNSEL?

>> YOU CAN POSE THE QUESTION BUT THERE'S NO DIALOGUE.

YOU JUST TALK. >> OKAY.

I BELIEVE THAT RESOLUTION NUMBER 17R16 IS STILL IN EFFECT WITH REGARD TO QUASI JUDICIAL PROCEEDINGS.

MAYOR, YOU SWORE THIS RESOLUTION ON THE FIFTH OF JUNE IN 2017.

ON POINT NUMBER EIGHT5 OF JUNE . ON POINT NT OF JUNE IN 2017.

ON POINT NH OF JUNE IN 2017. ON POINT NUMBER EIGHT ON THIS DOCUMENT IT SAYS CROSS-EXAMINATION OF WITNESSES.

I'M BRINGING THIS UP BECAUSE IT APPEARS TO ME THAT THERE'S A LEVEL OF DISCRIMINATION TAKING PLACE HERE AND WHERE GARY, THE ATTORNEY HERE, HAS REQUESTING TO BE ABLE TO CROSS EXAMINE THESE WITNESSES. IT SAYS RIGHT HERE IN THIS RESOLUTION THAT YOU SIGNED WITH REGARD TO THESE PROCEEDINGS THAT YOU'RE HOLDING RIGHT NOW THAT THAT IS SOMETHING THAT'S PERMITTED. THE FACT THAT YOU'RE NOT ALLOWING IT IS A PROCEDURAL PROBLEM AND CREATES A PROBLEM FOR YOU AND THIS COMMISSION BOARD LATER ON DOWN THE LINE.

SO I WANT TO BRING THAT TO YOUR ATTENTION.

AND I'M NOT SAYING THIS FROM A PLACE OF HOSTILITY OR ANYTHING, BUT YOU HAVE ESTABLISHED RULES AND REGULATIONS, BUT FOR SOME REASON YOU'RE CHOOSING NOT TO FOLLOW THEM? I DON'T UNDERSTAND, IT'S A BIT COME FUSING, MAYBNFUSING, MAYBE YOU CAN ADDRESS IT SO EVERYONE CAN UNDERSTAND WHY HAVE THESE

[02:45:06]

RULES AND REGULATIONS IF YOU'RE NOT GOING TO FOLLOW IT.

THE STANDARD IS NOT OPINION, IT'S EVIDENCE, IT NEEDS TO BE FACT BASED, NOT CONJECTURE. THAT'S WHAT THE STANDARD IS.

I WANT TO ENCOURAGE EVERYONE TO, IF YOU'RE GOING TO DENY THEIR APPLICATION, DO IT ON SOMETHING THAT IS COMPETENT AND SUBSTANTIAL SO IT DOESN'T COME BACK TO BITE YOU LATER.

>> THANK YOU, SIR. ANYONE ELSE WISHING TO ADDRESS THE COMMISSION? ANYONE ELSE?

>> I HAVE SOME TO READ INTO THE RECORD.

>> WE HAVE SALLY GRIFFITH OF 1510 THUMB POINT DRIVE.

MY HUSBAND BOUGHT OUR HOME AT 1510 THUMB 1510 THUMB POINT DRIVE 50 YEARS AGO, NOW WE MUST DEFEND OUR RIGHTS AS LONG TERM PROPERTY OWNERS AND RESIDENTS OF SOUTH HUTCHISON ISLAND, FLORIDA AGAINST NEW INVESTORS AND SHORT TERM HOUSE RENTALS ON OUR ISLAND.

WE BELIEVE THE REQUEST FOR THE PROPERTY AT 1507 FABER COURT IS NOT COMPATIBLE WITH THE NEIGHBOR.

ANY EXTRA TRAFFIC ON THIS STREET WITH NO SIDEWALKS WOULD BE A SAFETY RISK BY INTERFERING THE PASS PASSAGE OF SMALL CHILDREN WHO PLAY AND RIDE BIKES.

A SPECIFIC CONCERN IS THE OWNER'S INTEREST IN OUR NEIGHBORHOOD AND OUR INTENTIONS FOR THIS HOUSE SINCE THEY APPLIED FOR HOMESTEAD EXEMPTION, DO NOT LIVE THERE AND REQUESTED AN APPROVAL FOR THIS CONDITIONAL USE.

OUR OTHER CONCERNS IS NOT HAVING A PROPERTY MANAGER ON THE PREMISE, HAVING INADEQUATE INSURANCE TO PROTECT NEIGHBORS AND HAVING UNLICENSED, UNVACCINATED OR UNRULY DOGS, WE'RE ASKING FOR YOU TO DENY THIS REQUEST.

I HAVE ONE FROM MIKE NOLE OF 1147 HERNANDEZ STREET APARTMENT A AIRBNB BEFORE A BOOTH CHECK AND RENTAL HISTORY.

HOME OWNERS HAVE AN OPPORTUNITY TO SCREENACKGROUND CHECK AND RENTAL HISTORY. HOME OWNERS HAVE AN OPPORTUNITY TO SCREEN RENTERS FOR FAMILIES LOOKING TO EXPLORE OUR AREA.

AIRBNB RENTALS ARE MUCH CLEANER AND OFFER A MORE UNIQUE EXPERIENCE THAN HOTELS. BOTH PARTNERS HAVE INCENTIVES TO FOLLOW THE RULES AND TAKE CARE OF THE PROPERTY.

TIFFANY WRIGHT OF 715 SOUTH OCEAN DRIVE UNIT E IN FORT PIERCE, FLORIDA. I AM A SHORT TERM RENTAL HOLDER IN FORT PIERCE. MY CONTINUE DMINOMINIMUM IS BOOY EVERY DAY. PEOPLE COME IN AND SPEND MONEY IN THE COMMITTEE. I HOST MANY SMALL FAMILIES COMING FOR SPORTING EVENTS SUCH AS BASEBALL.

NO GUEST HAS EVER THROWN A PARTY IN MY UNIT.

FURTHER MORE, NONE OF MY GUESTS CAME IN MORE THAN ONE VEHICLE.

I WOULD LIKE TO ADDRESS THE CONCERN ABOUT TREPHINIAFFIC AND INCREASED VEHICLES. I WOULD LIKE TO SAY THIS DOES NOT MAKE LOGICAL SENSE. I WILL USE MY PERSONAL SITUATION TO MAKE MY POINT BECAUSE IT IS SIMILAR TO ME.

I HAVE THREE SONS. AT ONE POINT, WE WERE ALL LIVING IN THE SAME HOUSE AND TWO OF THE 3 BOYS WERE DRIVEING IN ADDITION TO MY HUSBAND AND I. WE HAD FOUR CARS AT OUR HOME, HOWEVER, EVERY YEAR WE WENT ON A VIM FAMILY VACATION, FLEW SOMEWHERE AND RENTED ONE CAR. IT DOES NOT MAKE SENSE THAT A FAMILY COULD TRAVEL IN ENGINEER ONE VEHICLE.

A RESIDENT WOULD LIKELY HAVE MORE THAN ONE VEHICLE.

THE NUMBER OF SHORT TERM RENTALS LICENSED [INDISCERNIBLE] THESE CLAIMS OF SAFETY AND TRAFFIC ISSUES ARE ONLY HYPOTHETICAL ASSUMPTIONS AND BASED ON A LACK OF UNDERSTANDING VACATION RENTALS. I EM EMPLOYER YOU TO FOLLOW THE LAW. DARREN SIMONS OF 40 LAKE COUNTRY CIRCUMSTANCE UNTL UNE UNTIL BOY. MY NAME IS DARREN AND I'M

[02:50:04]

WRITING ON BEHALF OF ANDRES GUARNIZO AND SANTIAGO SUHAIL WHO PURCHASED THE HOME. HE WORKS WITH THE COMPANY THAT SERVICES SATELLITES ON CRUISE SHIPS ALL OVER THE WORLD.

SUE RUNS A MEDICAL COMPANY AND THEIR SON RECENTLY LIVE NEXT DOOR COMPLETED SERVICE SCHOOL. THEIR JOININGEST DAUGHTER IS IN MIDDLE SCHOOL. OUT OF ALL THE PLACES IN FLORIDA TO PURCHASE A HOME THEY INVESTED WELL OVER HALF A MILLION DOLLARS IN A HOME IN YOUR COMMUNITY. DO YOU REALLY THINK THEY'RE GOING TO DO ANYTHING THAT WOULD NEGATIVELY AFFECT THEIR INVESTMENT. THEIR HOME IN BOYTON BEACH IS ONE OF THE TOP TWO IF NOT THE MOST BEAUTIFUL HOME IN THE COMMUNITY. EVEN THE GARAGE IS IN ORDER.

SUE RUNS A TIGHT SHIP AT HOME. MAYBE THAT'S WHY ANDRES IS SUCH A GOOD HUSBAND, USED TO TAKING ORDERS.

THIS FAMILY WANTS TO SHARE THEIR HOME WITH LIKE MINDED PEOPLE BUT YOU CHOOSE TO CONDEMN THEM WHEN THEY HAVE NOT DONE ANYTHING WRONG. THEY HAVE AND ARE CURRENTLY SERVING OUR COUNTRY, FAITHFUL TO GOD, HAVE STRONG FAMILY VALUES AND THE LOVE OF THEIR NEIGHBORS. I RECENTLY READ AN ARTICLE RANKING FORT PIERCE IN THE TOP FIVE OF THE MOST DANGEROUS CITIES IN FLORIDA SO YOU ALREADY LIVE IN ONE OF THE MOST DANGEROUS COMMUNITIES. I OWN SEVERAL SHORT TERM RENTALS AND HAVE NEVER HAD PROBLEMS. THEY'RE USUALLY THE BEST KEPT PROPERTIES. I BET A LOT OF YOU HAVE STAYED IN AN AIRBNB HOME AT SOME POINT. ANDRES AND SUE ONLY WANT TO ALLOW HIGH END GUESTS WHO WILL PROBABLY PAY MORE PER NIGHT.

YOUR OKAY WITH YOUR NEIGHBORS E- JUNKING UP THEIR YARDS WITH SHEDS AND JUNK AND LINED WITH CHICKEN WIRE.

SOME OF THE BIG HOTEL CHAINS ARE MOVING TO THIS CONCEPT.

IT'S DISTURBING HOW YOU'RE TREATING THIS FINE FAMILY.

KEEP IN MIND THAT THEY ARE FORT PIERCE PROPERTY OWNERS AND HAVE RIGHTS AS WELL. THEIR PLAN IS TO EVENTUALLY MAKE FORT PIERCE THEIR FULL TIME HOME, HOW ABOUT YOU STOP BULLYING THEM AND TRY BEING NEIGHBORLY BY WELCOMING THIS FAMILY TO YOUR CITY. THANK YOU FOR YOUR TIME.

LARRY WINTER OF 1933 CREST VIEW DRIVE OF FORT PIERCE.

I'M IN SUPPORT OF ISSUING A DWELLING PERMIT FOR THE GUARNIZO'S PROPERTY AT 1507 FABER COURT.

THIS PERMIT IS IN ORDER WITH CITY ORDINANCES AND ZONING TABLES. WITH LEGAL OPINIONS FROM THE FLORIDA ATTORNEY GENERAL. SEVERAL OF THE NEIGHBORS WILL SAY THIS VACATION RENTAL WILL DEVALUE THEIR HOME.

I SUGGEST THEY GO AND LOOK AT THE GUARNIZO'S HOUSE.

IT HAS THE BEST CURB APPEAL OF ANY HOUSE ON THE STREET.

I CAN TELL YOU THE INSIDE AND BACKYARD HAVE A PLUSH SPA OASIS LOOK AND FEEL BRINGING UP VALUES ON THEIR STREET.

THEY MADE A BIG INVESTMENT IN FORT PIERCE.

THEY WILL WANT GUESTS TO TAKE CARE OF THE HOUSE, RESPECT THE NEIGHBORHOOD AND PEACEFULLY ENJOY ALL THE AMENITIES OF THE CITY OF FORT PIERCE. THIS PURCHASE IS PART OF THE -- I KEEP SAYING IT WRONG, I'M SORRY.

LONG TERM FINANCIAL PLAN THEY CANNOT AFFORD TO HAVE IT BE A PROBLEM FOR THEM OR THEIR NEIGHBORS.

THE NEIGHBORS OR COMMISSION WANT TO DENY THE REQUEST BECAUSE OF THE UNSAFE TRAFFIC. I WOULD POINT YOU TO A LEGAL OPINION AGO2014-09. WHILE LOCAL GOVERNMENT MAY REGULATE VACATION RENTALS IT MAY NOT ENACT LOCAL ARID, ORDINANCE OR REGULATIONO, ORDINANCE OR REGUR, ORDINANCE OR REGUD, ORDINANCE OR REGI, ORDINANCE OR REGN, ORDINANCE OR REGA, ORDINANCE ON, ORDINANCE OC, ORDINANCE OE, ORDINANCE OR REGULATION [INDISCERNIBLE] IT WOULD APPEAR THAT LOCAL GOVERNMENT WOULD HAVE

[02:55:01]

EXCEEDED THE REGULATORY AUTHORITY GRANTED.

IF A STREET IS UNSAFE FOR A SHORT TERM VACATION RENTAL, THEN IT IS ALSO INSAFE FOR LONG TERM RENTAL OR A FULL TIME HOME HONEER THAT LIVES ON THE STREET. THEOWNER THAT LIVES ON THE STREET. THE STREET SHOULD BE SHUT DOWN IMMEDIATELY. ALMOST THERE.

SHARON SCALONE OF 1132 GRENADA. I'M IN FULL IN AGREEMENT OF THIS GRANTING. PLEASE TREAT ALL APPLICANTS FOR SHORT TERM RENTALS EQUALLY AND FOLLOW THE FLORIDA STATE LAW.

EACH APPLICANT WHO APPLIES AGREES TO THE CONDITIONS SET FORTH. IT'S SAD THAT NEIGHBORHOODS HAVE BEEN DIVIDED OVER SHORT TERM RENTALS.

THOSE PROPERTY OWNERS WHO CHOSE TO APPLY FOR PERMITS HAVE EXPERIENCED UNPLEASANT EXCHANGES WITH OPPOSING NEIGHBORS.

THE PROCESS HAS PLACED A TOLL ON FAMILIES.

HOME OWNERS WHO DECIDE TO SHARE THEIR SPACE WITH GUESTS DO NOT WANT TO DESTROY THE COMMUNITY. ALL GUESTS WHO DO NOT FOLLOW THE RULES WOULD BE REMOVED IMMEDIATELY.

SHARING THE HOME WITH A GUEST IS NOT A BUSINESS.

I HOPE THAT ALL THE NEIGHBORS INVOLVED CAN LIVE AMONG EACH OTHER RESPECTFULLY WITHOUT RETALIATION, THREATS AND FEARS.

AND THAT IS ALL OF THEM. >> THANK YOU.

ALL RIGHT. NOW IT'S TIME FOR THE APPLICANT TO CLOSE US OUT HERE AND THE TIME LIMIT IS WHAT?

>> IT SAYS 1:52. >> WE LOST COMMISSIONER ALEXANDER, I'M GIVING HIM A CALL BACK.

>> PLEASE DO. THAT'S IMPORTANT.

>> OVER THE NEXT COUPLE OF MINUTES, THERE ARE 3 MINUTES FOR THE APPLICANT TO MAKE A CLOSING STATEMENT.

WE WILL HAVE 3 MINUTES FOR THE PARTY INTERVENER TO MAKE A CLOSING STATEMENT. WE WILL THEN HAVE 3 MINUTES SHOULD STAFF WANT TO MAKE ANY CLOSING STATEMENTS.

AND THEN WE WILL HAVE WIN FINAL 1 MINUTE REBUTTAL BY THE

INTERVENER. >> REALLY?

>> YEAH.

>> ONE SECOND, I DIDN'T GET HIM. >> I SAID I HAD CONDITIONS THAT I WOULD PROVIDE AND THAT CAN TAKE SOME TIME.

>> YOU HAVE 3 MINUTES.

RINGING] >> YOU HAVE THREE MINUTES, THEY

HAVE THREE MINUTES. >> HELLO.

>> HI, COMMISSIONER. >> YES.

>> I HAVE YOU BACK NOW. >> I KNOW, CHARGER.

>> ALL RIGHT. ARE YOU READY TO BEGIN, SIR?

>> THANK YOU. YOU HAVE THREE MINUTES.

>> JUST A FEW POINTS ABOUT WHAT'S BEEN PRESENTED TO YOU.

THE LETTER REGARDING INSURANCE READ TO YOU IS NOT EVIDENCE AND YOU CANNOT CONSIDER IT. INFORMATION THAT YOU RECEIVED FROM PEOPLE WHO COME HERE HAS TO BE BASED ON PERSONAL KNOWLEDGE SO IF SOMEONE COMES UP HERE AND READS SOMETHING ELSE THAT'S NOT THEIR PERSONAL KNOWLEDGE, IT'S NOT EVIDENCE.

IT CAN'T FORM THE BASIS FOR A DECISION.

LIKEWISE ANYTHING THAT IS IN THE FORM OF SPECULATION IS NOT COMPETENT EVIDENCE AND YOU CAN'T CONSIDER THAT.

A WOMAN CAME UP HERE DRESSED IN WHITE AND READ SOME THINGS OUT OF MESSAGES THAT WERE IN THE MATERIALS THAT SHE WAS NOT COMPETENT AT ALL TO TESTIFY ABOUT OR SPEAK TO YOU ABOUT.

THAT CAN'T BE COMPETENT OR SUBSTANTIAL EVIDENCE.

BY LET'S GET BACK TO WHAT WE'RE HERE ABOUT, OKAY? WE HAVE SATISFIED ALL THE CRITERIA, ALL OF YOUR CRITERIA.

THE GUARNIZO'S HAVE GONE ABOVE AND BEYOND.

THIS IS REALLY THE ONLY OUTCOME. THERE'S A GOOD REASON WHY IT SHOULD BE GRANTED FOR THEM. THEY WANT TO SHARE THEIR HOME.

IN SHARING THEIR HOME AND WHAT THEY WANT TO DO, THEY HAVE BEEN VERY, VERY SELECTIVE, CONSIDERATE AND COOPERATIVE.

THEY HAVEN'T BEEN AGGRESSIVE WITH ANY OF THIS, THIS IS THEIR HOME AND THEY MADE THAT VERY, VERY CLEAR TO YOU.

THEY HAVE COME UP WITH WAYS TRY TO ADDRESS THOSE THINGS THAT ARE REASONABLE TO BE ADDRESSED. THERE ARE ACCEPTABLE CONDITIONS

[03:00:01]

THAT WE WOULD ADD TO THIS THAT WOULD MAKE THIS EVEN MORE OF A MORE RESTRICTED OR RESIDENTIAL USE.

THIS RESIDENCE IS GOING TO BE MORE RESTRICTIVE THAN ANY OTHER HOUSE IN THUMB POINT. IT'S GOING TO BE MORE CAREFULLY FITTING THAN ANY OTHER HOUSE IN THUMB POINT.

THIS HOUSE IS HERE, IT'S ENTITLED TO HAVE A FAMILY IN IT.

THAT FAMILY IS GOING TO HAVE IMPACTS THERE REGARDLESS.

IT'S THE STREETS, THE CUL-DE-SACS, WHATEVER.

THE FACT IS YOU'RE NOT ASKING TO PUT ANOTHER HOUSE THERE.

YOU'RE ONLY ASKED TO HAVE A RESTRICTIVE FAMILY SETTING AND IN A BETTER WAY THAN YOU WOULD HAVE IF THEY WERE ALLOWED TO PUT A FAMILY THERE. SO WE WOULD URGE YOU TO DO WHAT THE LAW SAYS YOU HAVE TO DO. I WILL HAVE MY COMMENTS AFTER EVERYONE ELSE. LY GIVE YOU I GIVEL GIVE YOU TH

AT THAT POINT. >> THANK YOU, SIR.

IT'S TIME FOR THE PARTY INTERVENER TO MAKE A FINAL COMMENT. 3 MINUTES.

>> I'M GOING TO LET TERRI SPEAK AND THEN CHIP.

>> THANK YOU VERY MUCH. THE ONE THING I WOULD LIKE YOU TO REALLY REMEMBER TONIGHT IS THE GUARNIZO'S ARE LOVELY PEOPLE BY THIS CONDITIONAL USE IS GOING TO THE DWELLING FOR THE LIFE OF THE HOUSE. UNLESS THE RULES ARE WRITTEN IN THE CONDITIONAL USE, THERE ARE NO RULES.

IT'S JUST RHETORIC. CHIP?

>> A LOT OF EVIDENCE SHOWING SHORT TERM RENTALS DAMAGE ON A LOCAL, NATIONAL AND INTERNATIONAL LEVEL HAVE BEEN INTRODUCED HERE TODAY. WE JUST STARTED PERMITTING STRS IS ONE TO THINK THE COMMUNITIES NOW DROWNING IN PROBLEMS RELATING TO STRS WOULD BE SO QUICK TO GRANT APPROVALS IF THEY HAD THE HINDSIGHT TO SEE THIS EVIDENCE THAT'S AVAILABLE TO US TODAY FROM ALL OVER THE WORLD, THE COUNTRY, STATES? WE'RE BLESSED APPARENTLY THE -- NOT THE OWNER EACH APPROVAL WILL BE A CANCER IN THE BODY OF THE COMMUNITY WITH NO OPTION FOR REMOVAL. WE WILL BE STUCK WITH THE STRS ALREADY APPROVED. WE HAVE GIVEN LOCAL EVIDENCE TO SUPPORT A DENIAL FOR THIS SPECIFIC PROPERTY.

IN THE FUTURE, THE COMMISSION MIGHT BE ABLE TO FACTOR IN THE DEMONSTRATABLE DAMAGE THAT'S CAPABLE OF BEING DONE TO FORT PIERCE BY INAPPROPRIATE STR APPROVALS.

IT'S NO SECRET THAT TALLAHASSEE STACK IT IS DECK IN FAVOR OF STRS. THEY EXPECT TOWNS LIKE FORT PIERCE TO ROLL OVER AND COMEPLY. THIS IS THE QUESTION OF A SINGLE INVESTOR AGAINST THE WELFARE OF A COMMUNITY.

YOU ARE ALLOWED TO VOTE NO, PLEASE VOTE NO FOR THE FUTURE OF OUR NEIGHBORHOOD AND CITY. AND AS MY WIFE WAS SAYING, WE HAVE NO ILL WILL AGAINST THE GUARNIZOS.

I HOPE WE CAN BECOME FRIENDS 1 DAY.

>> THANK YOU, SIR. >> MR. LAWLEY?

>> YES, IF THE COMMISSION WOULD CONSIDER THE RECOMMENDATION OF THE PLANNING BOARD. OBVIOUSLY IT HAS SOME WEIGHT ESPECIALLY IF THERE'S A PROBLEM AT THE HOUSE AND THE CITY IS SUED, GOING AGAINST THE COMMISSION BOARD HAS SOME

WEIGHT. >> ALL RIGHT, THANK YOU.

MR. MIMS? >> THERE WAS A QUESTION WITH REGARD TO THE REQUIREMENTS FOR PROPERTY MANAGERS THAT CAME FROM COMMISSIONERS JOHNSON AND ALEXANDER.

I'M A LICENSED ASSOCIATION MANAGER WHICH I HAVE MAINTAINED AND THE ONLY TIME YOU WOULD REQUIRE A REAL ESTATE LICENSE REFERS MORE TO THE PROPERTY MANAGEMENT COMPANY RATHER THAN

[03:05:01]

AN INDIVIDUAL, BUT IF THE INDIVIDUAL IS MAKING THEIR MONEY BASED ON A COMMISSION, THEN HE OR SHE WOULD HAVE TO BE A REALTOR BUT GENERALLY PROPERTY MANAGERS DO NOT.

THEY HAVE THEIR OWN REQUIREMENTS, A DIPLOMA, 60 HOURS IN COURSES AND A THUMBPRINT AND BACKGROUND CHECK BUT YOU ONLY NEED THAT IF YOU'RE MANAGING OVER $10,000 OR OVER 100 UNITS. THAT'S WHY WE HAVE NOT REQUIRED A PROPERTY MANAGER FOR OUR VACATION RENTALS.

>> THINK, ANYTNK, ANYAOU, ANYTH? >> THAT'S IT.

>> NOW WE HAVE 1 MINUTE FOR YOU. >> WOULD YOU INDULGE ME.

I HAVE A LOT OF CONDITIONS >> QUICKLY.

>> THESE ARE CONDITIONS THAT WE WOULD FINE ACCEPTABLE.

ONE, CONTRACTORS WILL PARK AT THE FRONT OF THE PROPERTY, TWO, NO ON STREET PARKING OTHER THAN FOR CONTRACTORS OR DELIVERIES.

THREE, THE APPLICANT WILL HAVE A BACKGROUND CHECK ON ANY RENTER AND ALL OCCUPANTS WILL BE CHECKED ON SEX OFFENDER REGISTRIES. NO REGISTERED SEX OFFENDERS WILL BE ALLOWED TO OCCUPY THE PROPERTY.

EIGHT ADULTS AND TWO INFANTS ARE THE LIMIT.

DRIVERS SHOULD DRIVE SLOWLY AND CAREFULLY WHEN IN THE NEIGHBORHOOD AND BE ESPECIALLY WATCHFUL FOR CHILDREN AND PEDESTRIANS. THE YOONER WILL PROVIDE RULES THAT INCLUDE THE CITY ORDINANCE THAT CHILDREN CANNOT PLAYOWNER THAT INCLUDE THE CITY ORDINANCE THAT CHILDREN CANNOT PLAY IN THE STREET. SEVEN BEFORE ANY PET CAN OCCUPY THE RESIDENT, VACCINATIONS MUST BE PRESENTED.

>> THANK YOU, SIR. >> I DID IT.

>> THANK YOU, YOU DID IT. >> YOU NEED TO SITOU NEED TO OU NEEYOU NEED TO SIT DOWN.

I THINK IT'S TIME TO CLOSE THE PUBLIC HEARING.

>> YES, IT IS. >> AND IT GOES BACK TO THE COMMISSION AND IS THERE ANYONE WHO WOULD LIKE TO START?

>> JUST FOR CLARIFICATION. I HEARD SOME TESTIMONY AND COMMENTS COMING FROM BOTH SIDES HERE AND ATTORNEY SWEENY ON THE CONDITIONAL USE STAYS WITH THE HOUSE AND NOT THE APPLICANT, CAN YOU PROVIDE ME ANY CLARIFICATION ON THAT? I THOUGHT THAT WAS SOMETHING THAT STUCK OUT TO ME.

I WANT TO BE CLEAR ON THAT. >> YES, SIR.

TYPICALLY, AND I THINK OUR PLANNING DIRECTOR IS NODDING IN AGREEMENT BECAUSE CONDITIONAL USES ARE NOT JUST FOR SHORT TERM VACATION RENTERS. WE HAVE CONDITIONAL USES FOR ALL TYPES OF THINGS AND THEY TRAVEL WITH THE PROPERTY.

THE TERMINATION TYPICALLY OF A CONDITIONAL USE, IF I'M CORRECT, IS CEASING TO BE USED FOR A PERIOD OF 1 YEAR AND ONCE WE HIT 1 YEAR, THEY WOULD HAVE TO COME BACK AND REPLY.

FOR EXAMPLE, IF YOU HAVE A CONDITIONAL USE FOR A VACATION RENTAL. LET'S SAY IT WAS ABANDONED, CONDEMNED, HURRICANE DAMAGE, IT WAS NOT USED FOR A YEAR, THEY WOULD HAVE TO COME BACK IN AND REPLY.

IF IT WAS GRANTED AND THE OWNER WERE TO SELL IT TO OWNER BSHS, IT WOULD TRAVEL, IT WOULD TRAVEL AND OWNER B WOULD BE ALLOWED TO USE THE CONDITIONAL USE.

>> OKAY. >> IT WOULD TRAVEL WITH THE SAME CONDITIONS. DOES THAT ANSWER YOUR QUESTION,

SIR? >> YES, THANK YOU.

>> ANYONE ELSE? I WOULD LIKE TO START WITH JUST A COUPLE OF RANDOM THOUGHTS. ONE OF THE THINGS THAT WE DID IN 2020 WAS WE REWROTE OUR CRA PLAN.

THIS PROPERTY IS IN THE CRA. ONE OF THE THINGS THAT WE, ONE OF OUR FOUR ACTION PLANS IS A VISION FOR RESTORED NEIGHBORS AND WE GREED ON THE VISION FOR NEIGHBORHOODS WITHIN THE FORT PIERCE REDEVELOPMENT AREA INCLUDES IMPROVING THE PUBLIC AREAS AND CONNECTING THE NEIGHBORHOODS WITH MILT MODAL STREETSULTIMODAL STREETS AND TREE LINE SIDEWALKS, ENABLING INCREASED HOME OWNERSHIP AND ENCOURAGE PRIVATE

[03:10:02]

SECTOR DEVELOPMENT OF NEW RESIDENTIAL UNITS AND NEIGHBORHOOD SUPPORTING USES. ONE OF THE THINGS THAT WE IDENTIFIED OVER TIME AS A COMMISSION IS WHEN WE HAVE ABSENTEE LANDLORDS AND WE KNOW THAT WHEN WE HAVE ABSENTEE LANDLORDS IN NEIGHBORS WE HAVE PROBLEMS IN THOSEHS WE HAVE PROBLEMSOS WE HAVE PROBLEMSOS WE HAVE PROBLFS WE HAVE PROBLDS WE HAVE PROBLEMS IN THOSE NEIGHBORHOODS.

THIS IS A DIFFERENT KIN OF AN ABSENTEE LANDLORD BY IT'S STILL ONE OF THE KEY ELEMENTS OF A NEIGHBORHOOD IS THE COHESIVENESS OF A NEIGHBORHOOD. PEOPLE LIVE THERE AND ARE INVESTED IN IT AND CARE ABOUT IT, THEY VOTE IN THAT TOWN AND THEY LOUIVE THEY LOIVE IN THAT TOWN AND YOU DO NOT GET THAT WHEN PEOPLE ARE RENTING.

THAT'S A FACT OVER TIME. THAT'S NOT SPECULATION.

THAT'S SOMETHING THAT WE'RE TRYING TO CORRECT IN MANY FORT PIERCE NEIGHBORHOODS. SO NOW WE HAVE A NEIGHBORHOOD WHERE IT IS ESTABLISHED AND RESIDENTIAL AND IT IS COHESIVE AND IT WOULD SEEM TO BE GOING IN THE OPPOSITE DIRECTION OF WHAT WE'RE TRYING TO DO IN OTHER NEIGHBORS IN FORT PIERCE.

I REALLY THINK THAT THE GUARNIZOS ARE ABSOLUTELY LOVELY PEOPLE AND I HEAR THE HEART OF THE VETERANS AND HIS SERVICE AND I WANT TO THANK HIM FOR HIS SERVICE AND HIS SON'S SERVICE AND WHAT I WOULD LIKE TO SUGGEST IS LIVE IN FORT PIERCE AND DO THE SHORT TERM RENTAL IN BOYTON BEACH BECAUSE YOU CAN DO THAT EASILY. [APPLAUSE] I WOULD LOVE THAT AND LOVE TO HAVE YOU HERE ALL THE TIME AND I KNOW SEVERAL PEOPLE WHO HAVE COME HERE FOR SHORT TERM RENTALS HAVE SAID WE LOVE FORT PIERCE AND WE'RE GLAD WE DISCOVERED IT AND IT'S COUNTERINTUITIVE TO SAY WE'RE GOING TO RENT IT OUT UNTIL WE CAN LIVE HERE. IT'S COUNTERINTUITIVE TO ME, ANYWAY. I'M ASSUMING IT MUST BE VERY PROFITFUL AND ENTIRABLE. I'MDENTIRABLE.

IENTIRABLE. ISIRABLE.

I'M ASSUMING THAT PERHAPS YOU DIDN'T KNOW ABOUT THE CONDITIONAL USE HERE BECAUSE THERE'S NOT ONE IN BOYTON BEACH.

I HAPPEN TO LIVE ON A CUL-DE-SAC AND IT'S A MUCH NEWER CUL-DE-SAC. IN FACT, I HAVE ONE OF THE NEWEST STREETS ON SOUTH HUTCHISON ISLAND.

IT HAS A SIDEWALK, IT HAS THE 100-FEET, IT'S A TOTALLY DIFFERENT CUL-DE-SAC THAN THE ONE BUILT IN 1957 AND, NO, IT'S NOBODY'S FAULT THAT THE ROAD IS LIKE IT IS AND FORT PIERCE, BECAUSE OF THE TAXPAYERS APPROVING THE HALF CENT SALES TAX, WE'RE TRYING TO GET AROUND TO IMPROVING ALL ROADS AND SINCE WE'RE A CITY THAT WE WERE INCORPORATED IN 1901, WE HAVE AN OLD CITY AND A LOT OF OLD AREAS IN OUR CITY AND SO THOSE AREAS LIKE FABER COURT AND LIKE THUMB POINT DRIVE ARE NOT SAFE OR APPROPRIATE, HOWEVER, WE HAVE APPROVED SHORT TERM RENTALS ON OCEAN DRIVE AND ON BENNY DRIVE AND SEAWAY AND SO WE DON'T HAVE AN ANTI SHORT TERM RENTAL, WE HAVE A CONDITIONAL USE FOR A GOOD REASON AND IT'S THE ONLY TOOL THAT WE HAVE IN LIGHT OF WHAT THE STATE LEGISLATURE HAS DONE AND I WANT TO USE IT WIDELY AND I WANT TO BE VERY, VERY FAIR FOR THE PEOPLE WHO HAVE LIVED FAR LONG TIME ON THUMB POINT AND ALSO TO THE NEW PEOPLE WHO ARE THERE. I THINK OUR CITY IS TRYING TO DO THAT WITH THESE HERINGS, TRYING VERYARINGS, TRYING VERY HARD TO BE FAIR. I'M NOT IN FAVOR OF THIS.

I WILL JUST SAY IT RIGHT OUT. I THINK IT'S VERY PROBLEMATIC

[03:15:01]

BECAUSE IT'S A CUL-DE-SAC AND BECAUSE IT'S A VERY SHORT STREET AND BECAUSE OF THE WAY THE DRIVEWAYS GO LIKE A PIE.

THEY MEET AT THE POINT OF THE PIE AT THE CULT SACK.

NOW THAT I HAVE TALKED ENOUGH, HAS ANYONE ELSE COLLECTED THEIR THOUGHTS? COMMISSIONER ALEXANDER?

>> YES, I HAVE LISTEN LISTENING AND READING AND I WANT THE FAMILIES TO KNOW THAT MY CONCERNS ARE FOR THE CHILDREN AND I DO RESPECT THE HOMEOWNER'S WISHES TO HAVE ROOM FOR THEIR CHILDREN BY I WANT HOME OWNERS TO HAVE THOSE RIGHTS AND THE CITY OF FORT PIERCE HAVE NOT HAD A PLETHORA OF PROBLEMS WITH THESE BED AND BREAKFASTS. I HAVE NOT HEARD ONE PERSON BRINGING UP AN ISSUE WITH A BEAD ANDBEADANDBED AND BREAKFAST AND BEING LOT OFFENSE CRIME.

I KNOW WE HAVE A BEAUTIFUL AND LOVING CITY, SHOW THEM THAT THIS IS WRONG. THIS IS NOT THE RIGHT WAY TO DO IT. THIS IS NOT THE RIGHT WAY TO WELCOME PROPERTY OWNERS HERE. THAT'S IT FOR ME.

>> COMMISSIONER PERONA? >> THANK YOU, MAYOR.

TO ME THERE'S ONLY ONE QUESTION AND IT'S PROPERTY RIGHTS.

PROPERTY RIGHTS OF THE PEOPLE WHO BOUGHT INTO NEIGHBORHOODS AND WANT QUIET ENJOYMENT. I AGREE WITH ALL THAT BUT ALSO THERE'S PROPERTY RIGHTS OF FOLKS WHO BUY PROPERTY IN OUR COMMUNITY AND WANT TO USE IT ACCORDING TO THE LAWS ON OUR BOOKS. I KEEP WISHING THAT I COULD GO BACK IN A TIME MACHINE TO 2001 WHEN WE WERE TALKING ABOUT OUR CODE OF ORDINANCES, I WOULD REMOVE R1 AND R2 FROM THIS BECAUSE IT DOESN'T MAKE ANY SENSE, BUT WHO KNEW WHAT A SHORT TERM RENTAL WAS BACK THEN. I'M NOT PICKING ON THOSE COMMISSIONERS AT THAT TIME THAT PROBABLY JUST THOUGHT IT WAS A GOOD IDEA AND ADDED IT TO THE LIST.

SO WE COME DOWN TO NOW AND I'M JUST SAYING THAT IF WE'RE GOING TO DENY THIS, I'M INTERESTED TO HERE WHAT IS THE EVIDENCE THAT I CAN HEAR THAT I THINK IS SUPPORTED BY LAW THAT IS FAIR FOR BOTH SIDES AND I AGREE THAT WE'RE TALKING ABOUT A CUL-DE-SAC, A NARROW STREET. I AGREE THAT WE HAVE KIDS PLAYING IN THE STREET AND NOT RIGHT OF WAY BUT I'M HAVING A HARD TIME HEARING THE FACT THAT THIS IS SUBSTANTIAL EVIDENCE ENOUGH TO TAKE AWAY THE ABILITY OF THAT PROPERTY RIGHT WHO WANTS TO USE THIS AND GET A CONDITIONAL USE PERM TO RUN A SHORTI TO RUN A SH TO RUN A SHORT TERM RENTAL. THIS IS IMPORTANT TO ME.

I CAN SEE BOTH SIDES OF IT. IF WE HAVE SOMETHING SUBSTANTIAL THAT I HAVE NOT PICKED UP ON, I WOULD LIKE TO HEAR IT AS WE GO

FRWARD. >> WELL, AT EVAN EARLIER HEARING, ONE OF THE THINGS THAT YOU POINTED OUT WAS THAT WE HAD APPROVED CONDITIONAL USES ON THUMB POINT BEFORE AND THAT WAS NOT FOR SHORT TERM RENTALS EXCEPT FOR THE ONE LAST TIME.

THAT WAS FOR LARGER HOUSES, HOUSE THAT ISS THAT IS WWANTED .

I WANTED TO MAKE SURE WE DID THAT BUT IT WAS FOR EXCEPTIONS FOR REALLY, REALLY BIG HOUSES AND I THINK IT'S REALLY IMPORTANT THAT WE UNDERSTAND THAT THE NEIGHBORS AND THE

[03:20:04]

TESTIMONY IS COMPETENT AND SUBSTANTIAL BECAUSE IT'S PERSONAL EXPERIENCE. HOW CAN YOU GET MUCH MORE COMPETENT THAN THAT? IT'S ALSO LONG TIME EXPERIENCE AND I THOUGHT THAT THE STORY ABOUT THE GARBAGE CANS WAS REALLY IMPORTANT. BECAUSE THEY LIVE IN CLOSE PROXIMITY AND THEY'RE LONG TIME NEIGHBORS, THEY KNOW WHERE THE GARBAGE TRUCK CAN PICK UP THE GARBAGE CAN AND THAT SOUNDS LIKE A SMALL THING BUT IF YOU READ, AND I READ THE BINDER QUICKLY.

I MADE NOTES BECAUSE IT WAS ATTACHED TO THE AGENDA SO I HAD IT TONIGHT AND THERE IS EVIDENCE THAT HAVING SHORT TERM RENTALS IN A NEIGHBORHOOD CHANGES THE NEIGHBORHOOD, CHANGES THE CHARACTER OF THE NEIGHBORHOOD AND SO ONCE -- AND OUR CONDITIONAL USE ALLOWS US TO MAKE THAT DECISION, WHETHER TO ALLOW IT OR NOT. WE HAVE ALLOWED IT IN NEIGHBORHOODS WHERE IT WAS APPROPRIATE OR UNDER CONDITIONS THAT WERE APPROPRIATE. THE 715 OCEAN DRIVE TESTIMONY WAS TALKING ABOUT WHAT A GOOD EXPERIENCE SHE'S HAD AND SHE'S NEVER HAD A VACANCY, ETC., THAT'S AN APARTMENT HOUSE, THAT'S LIKE 12 UNITS ON OCEAN DRIVE AND THE PREPONDERANCE OF THESE UNITS ARE SHORT TERM BECAUSE THEY ALL AGREED IT'SACHE. THEY'RE ALL LIVING WITH IT AND THEY HAVE PROPERTY MANAGERS OR WHATEVER.

BUT THAT'S ON A1A. >> MADAM MAYOR?

>> YES. >> A COUPLE OF THINGS I'M HEARING AND WITH ALL DUE RESPECT TO YOUR COMMENTS, THIS SITUATION, AND I HAVE HEARD SPOKEN FROM THIS ADIAS BEFORE, YOU WEIGH THE EVIDENCE AND ONE OF THE COMMENTS HERE IS THE CONDITIONAL USE AND I GUESS THAT'S WHERE I HAVE THE MOST ANGST WHEN IT COMES TO THIS. UNLIKE SOME OF THE OTHER CONDITIONS WE HAVE HEARD BEFORE POSED, THERE ARE SOME EXTERNAL LIMITS OF ADDING MORE CONDITIONS ON TOP OF WHAT WE HAVE ALREADY ADDED. THOSE ARE BEING PROPOSED BY THE LAND OWNER AND SITUATION AND I UNDERSTAND THE PLIGHT OF THE NEIGHBORHOOD. I UNDERSTAND THE TIGHTNESS OF THE AREA, BUT, AGAIN, IT COMES DOWN TO THE OVERREACH OF GOVERNMENT TELLING PEOPLE WHAT THEY CAN DO WITH THEIR HOUSE.

IT'S THEIR HOUSE, THEY OWN IT. NOW WE'RE AT THIS NUANCE OF CONDITIONAL USE OF WHAT THEY CAN AND CANNOT DO WITH THEIR HOUSE BASED ON CONDITIONS THAT WE SET AS A CITY.

I THINK LOOKING AT THIS, THIS HAS BEEN A UNIQUE EXPERIENCE OF HEARING SELF-IMPOSED RESTRICTIONS.

I WOULD ARGUE THAT WE COULD GO A LITTLE BIT FURTHER WITH SOME OF THESE USES TO RESOLVE SOME OF THE CONCERNS SUCH AS TRASH CANS.

THEY'RE OBVIOUSLY GOING TO HIRE A PROPERTY MANAGER AND THAT WOULD BE A PERSON WHO WOULD BE RESPONSIBLE TO MAKING SURE THAT THINGS GET PLACED APPROPRIATELY AND HAVE THAT RELATIONSHIP WITH THE NEIGHBORS AND THAT PERSON THAT WOULD BE WILLING TO BE CALLED. I READ IN THE DOCUMENT THAT IS THAT PERSON WOULD BE AVAILABLE 24/7 BASED ON WHAT I READ IN THE DOCUMENTS THAT WAS GIVEN TO ME. THEN I ALWAYS COME DOWN TO THE POINT OF CONDITIONAL USE AND I'M ALWAYS HAVING ANGST WITH THIS PERMANENCY OF THIS. I THINK OF CONDITIONAL USE AS CONDITIONS GRANTED, CONDITIONS NOT GRANTED OR WITHDRAWN AS A RESULT OF VIOLATION. I DON'T KNOW WHERE WE ARE WITH THE CITY BUT I THINK THOSE ARE THINGS THAT AS A HOME OWNER THAT THOSE ARE THINGS THAT WE PROBABLY I WOULD LIKE TO SEE US SPEND MORE TIME TRYING TO FIGURE OUT HOW DO WE DO THAT? HOW DO WE PUT MORE TEETH TO IT TO SAY IF THERE ARE MORE THAN TWO OR THREE CARS OR IF THERE ARE NOISES AT A CERTAIN HOUR,

[03:25:06]

THEN WE COULD WRITE AN OR ISSUE A FINE.

THAT'S HOW I THINK TO LOOK AT IT.

EITHER WAY IT GOES, THE PEOPLE THAT OWN THIS HOUSE, THEY'RE PROPERTY OWNERS, TOO. OBVIOUSLY IF PEOPLE ARE SELLING, ONE OR TWO THINGS ARE HAPPENING. THE HOME VALUES WILL GO UP OR DOWN DEPENDING ON HOW THAT'S DONE.

I DO HEAR THE PLEAS OF THE PEOPLE.

I DO WEIGH SOME OF WHAT THEIR COMMENTS AND CONCERNS ARE AS EVIDENCE-BASED ON SOME PERSONAL EXPERIENCES.

I GET THAT, BUT ALSO WEIGHING IN ON WHAT THE PRECEDENCE IS THAT WE HAVE SET. THAT'S WHERE I'M HAVING ANGST WITH THIS AT THIS PARTICULAR POINT.

THAT'S WHERE I'M AT, THOSE ARE MY COMMENTS.

I HAVE BEEN REAL CONSISTENT ABOUT MY VOTING ON THESE SHORT TERM RENTALS. IT COMES DOWN TO THE FACT OF THESE CONDITIONAL USES AND I THINK WE CAN GO A LITTLE FURTHER TO DEAL WITH THAT, TO DEAL WITH THESE CONCERNS.

>> COMMISSIONER J. JOHNSON? >> THANK YOU, MADAM.

IT'S A LOT TO TAKE IN AS WE TALKED ABOUT MANY, MANY TIMES IN THE PAST AND TONIGHT WE HAVE HEARD TESTIMONY ABOUT THE STATE OF FLORIDA AND THE PREDICAMENT THAT TALLAHASSEE IS IN WITH LOCAL LEADERS AND OUR LEGISLATURES IN TALLAHASSEE, BUT I WANT TO MAKE CLEAR AND I SAID IT EVERY SINGLE MEETING THAT IN FLORIDA STATUES, THE PREEMPTION AUTHORITY IS VERY CLEAR ABOUT THE LOCAL LAWS, ORDINANCES, REGULATIONS MAY NOT PROHIBIT VACATION RENTALS, ETC., ETC., HOWEVER THIS DOES NOT RECALL TO ANY REGULATION ADOPTED BEFORE JUNE OF 2011 SO THAT DOES NOT APPLY TO US. THEN WE HAVE TO COME DOWN TO THE POINT OF THE EVIDENCE AND HOW WE'RE LOOKING AT IT, WHAT DOES A CONDITIONAL USE MEAN TO THE CITY OF FORT PIERCE THAT'S BEEN RATIFIED BY THE COMMISSION AND RATIFIED FOR THE BODY OF VOTERS FOR US TO BE HERE TONIGHT. I HEARD A LOT OF SYSTEM IN REGARDS TO STREET CONDITIONS, WHICH WE RULED ON BEFORE, TRAFFIC CHANGES AND PATTERNS, HIGHER OR LOWER, REGARDLESS TO SAFETY, REGARDS TOS TO SAFETY, REGARDS TO DRAINAGE ISSUES. RARITYING THE SAFETY OF OTHER LOT OWNERS.EGARDING THE SAFETY LOT OLOT OREGARDING THE SAFETY LOT OOTHER LOT OWNERS. RESIDENTIAL DESIGN.

I DON'T RECALL ONE OF OUR APPLICANTS IN A CUL-DE-SAC AND THAT RESINATES WITH ME BECAUSE MADAM MAYOR ALLUDED TO IT.

IT'S DIFFERENT BECAUSE THEY'RE LARGER.

IN OUR DESIGN MANUAL, THAT 50 WHATEVER FEET THAT'S BEEN TESTIFIED BEFORE US TONIGHT. IT'S NOT AN ALLOWABLE CONDITION.

SO NOW WE'RE IN THE ASPECT OF, OKAY, WE HAVE SOMETHING WE CAN RULE ON. WE HAVE A HISTORICAL ROAD THAT TALLAHASSEE DOES NOT CONSIDER BECAUSE THEY TALK IN GENERAL TERMS SO TALLAHASSEE DOES NOT CONSIDER THE HISTORICAL ASPECTS, SO THAT RESINATES IN MY MIND. THE OTHER ASPECT THAT TALLAHASSEE DOES NOT CONSIDER AND THEY DISCUSS IT ON ANOTHER LEVEL IS THE FORT PIERCE REDEVELOPMENT AGENCY OR THE COMMUNITY REDEVELOPMENT AGENCIES WHICH WE HAVE RATIFIED THE EXACT VERBIAGE THAT YOU READ AND SO THAT ALSO PROVES TO ME THAT WE'RE CHANGING WHAT WE HAVE ALREADY RATIFIED IF WE WERE TO VOTE FOR THIS BECAUSE THE FPRA WILL ENCOURAGE AND THIS PROPERTY, BY THE WAY, IS IN THE FPRA, WILL ENCOURAGE AND ENABLE INCREASED HOME OWNERSHIP AND ENCOURAGE THE PRIVATE SECTOR TO DEVELOP NEW RESIDENTIAL UNITS WITHIN OUR FPRA.

[03:30:57]

I'M TALKING ABOUT MAYBE WE LOSE OR GAIN MORE SHORT TERM RENTALS.

I HAVE HEARD SOME ABOUT THAT, IT'S A STRUGGLE FOR OUR RESI RESIDENTS.

WHAT WAS THE OTHER ONE? WE TALK ABOUT IN OUR REDEVELOPMENT AGENCY RESETTING THE ECONOMIC BASE JUST LOOKING AT OUR ECONOMY AND TRYING TO RESET, SO WE HEARD TESTIMONY TONIGHT ABOUT JOBS. WHAT DOES THIS MARKET DO, IT'S A RELATIVELY NEW MARKET AND I SAY NEW BECAUSE IT'S LESS THAN 20 YEARS OLD BECAUSE WE DIDN'T EVEN TALK ABOUT IT IN 2001 LIKE YOU SAID, COMMISSIONER. IT'S RELATIVELY NEW.

WHAT DOES THAT DO TO OUR HOTEL INDUSTRY OR HOSPITALITY INDUSTRY? AND SO OUR APPLICANT AND HIS REPRESENTATIVE OR THEIR REPRESENTATIVE ASKED US TO OMIT THAT TESTIMONY, HOW ARE YOU, THE INTERVENERS ALSO PROVIDED THAT DATA WITHIN OUR BOOKLET HERE, AND TO BE CLEAR, MR. OLDEHOFF, NOT SURE WHERE HE WENT, BY I DO TAKE THAT INTO ACCOUNT.

I DO LOOK AT THE BULLET POINTS AND I DO OMIT TESTIMONY AS I SEE FIT AND APPROPRIATE AS TO NONCOMPETENT SUBSTANTIAL EVIDENCE. ANYWAY, THAT'S WHERE I STAND ON THIS. I BELIEVE THAT THERE ARE JUST SO MANY PORTIONS OF THIS THAT DON'T ALLOW ME TO SAY YES YOU'RE STRUCK WELLING THE IDEA THAT YOU CAN'T SAY KNOW BUT I AM STRUGGLING WITH SAYING YES AND I HAVEI AM STRUGGLING WITH SAYING AND BUT I AM STRUGGLING WITH SA YES ANSAY KNOW BUT I AM STRUGGL WITH SAYING CAN'T SAY KNOW BUT STRUGGLING WITH SAYING YES AND I HSTRUGGLING WITH SAYING YES ANDI HAVE VOTED ON THAT.

I'M READY TO MAKE A MOTION. >> I'M READY FOR IT.

>> I'M ALMOST READY TO MAKE A MOTION.

I MOVE THAT WE DENY THE CONDITIONAL USE APPLICATION AT 1507 FABER COURT BASED ON THE FOLLOWING REASONS IN REGARDS TO EVIDENCE THAT WAS PRESENTED HERE TONIGHT: IT'S REGARDING THE SAFETY OF THE SURROUNDING NEIGHBORS, THE STREET CONDITIONS, THE HIGH TRAFFIC, DRAINAGE ISSUES, THE GENERAL WELFARE OF THE SURROUNDING NEIGHBORS, THE DESIGN OF THE CUL-DE-SAC, THE LIMITATIONS OF THE ROADWAY AND CUL-DE-SAC AND ALSO THAT IT VIOLATES THE MISSION OF THE FPRA TO RESTORE NEIGHBORHOODS WHICH HAS BEEN RATIFIED BY THIS COMMISSION.

THAT RADIFICATION INCLUDES ENCOURAGING AND ENABLING IFICAT ENCOURAGING TIFICATION INCLUDES ENCOURAGING AND ENABLING INCREASED HOME OWNERSHIP AND PRIVATE SECTOR DEVELOPMENT

WITHIN THE FPRA. >> IS THERE A SECOND? IS THERE A SECOND? I'M GOING TO PASS THE GAVEL TO THE MAYOR PRO TEM AND I'M GOING TO SECOND IT.

YOU'RE NOW IN CHARGE HERE. >> THANKS MADAM MAYOR.

>> ANY TIME. >> WE HAVE A MOTION THAT'S BEEN PLACED ON THE FLOOR THAT'S MADE BY COMMISSIONER JOHNSON AND

SECONDED BY LINDA HUDSON. >> SHALL I CALL THE ROLE?

[03:35:08]

>> I HAVE ONE QUESTION. YOU'RE CLEAR ON MY MOTION?

>> I AM. MORE IMPORTANTLY DID THE CLERK

HEAR IT? >> I WANT TO MAKE SURE WE'RE

CLEAR ON WHAT WE'RE VOTING FOR. >> MR. CHAIR?

CAN WE COMMENT AT THIS MOMENT? >> WE CAN TAKE COMMENT, YES.

>> I REALLY LIKE THE IDEA ABOUT THE FPRA AND HOW IT'S NOT CONSISTENT WITH STUFF STRATEGIC PLAN AND DESIGN THAT WE CAME UP WITH AND I SAID WHY DIDN'T WE JUST GO AHEAD AND AMEND THE CODE OF ORDINANCES TO BE ABLE TO DO THIS? AND THEN I GO BACK TO STATE LEGISLATE SHIRR AND SAY IF YOU TOUCH IT, YOUURE AND SAY IF YOUH IT, YOU LOSE IT, SO REALLY THAT'S THE PROBLEM RIGHT THERE. IT'S THAT WE ARE NOT FOLLOWING IT, WE'RE SAYING WHAT WE WOULD LIKE TO BE ABLE TO ACCOMPLISH, BUT WE'RE HAM STRUNG ON THAT BECAUSE WE CANNOT FOLLOW THROUGH WITH IT BECAUSE THE STATE OF FLORIDA HAS TAKEN IT AWAY.

THAT'S WHAT GOOD GOVERNMENT WOULD DO.

COME UP WITH A PLAN AND SAY IT DOESN'T FIT OUR COMMUNITY ANYMORE, LET'S CHANGE IT, THAT'S OUR JOB BUT NOW SOMEBODY WITH A HIGHER AUTHORITY IS SAYING YOU CAN'T DO THAT AND IF YOU DO, YOU

WILL LOSE ALL CONTROL. >> BUT THINK ABOUT THIS, COMMISSIONER. OCEAN DRIVE IS IN THE FPRA AREA AND WE APPROVED IT BECAUSE WE HAVE A CONDITIONAL USE.

WE TALK ABOUT PEOPLE'S PROPERTY RIGHTS, WE HAVE RIGHTS, TOO.

WE HAVE RIGHTS UNDER THE CONDITIONAL USE TO SAY IS THIS GOING TO CONTRIBUTE TO THE GENERAL WELFARE AND HEALTH AND SAFETY OF THIS NEIGHBOR? SO I DON'T THINK THAT WE, BECAUSE THIS PARTICULAR CONDITION, WE'RE JUST LOOKING AT ONE, THIS PARTICULAR ONE DOES NOT CONTRIBUTE TO THE PUBLIC SAFETY GENERAL WELFARE OF APPROPRIATENESS IN THAT NEIGHBORHOOD ON THAT LITTLE STREET.

>> OKAY, FOLLOWUP. I AGREE WITH YOU, BUT IF I AGREE WITH YOU I HAVE TO GO TO WHAT I CONSIDER SUBSTANTIAL EVIDENCE THAT PROMOTES EACH ONE OF THOSE, THE SAFETY, THE STREET, THE TRAFFIC, THE CUL-DE-SAC ISSUES, AND THE FPRA.

I HAVE TO GO TO THAT. SO I'M SITTING THERE, WE DID NOT GHEE A POLICE REPORT SAYING THIS IS A POLICE REPE A POLICE REPOR T A POLICE REPORT SAYING THIS IS AN ISSUE.

THERE'S NOT A HISTORY OF ACCIDENTS, NOBODY IS SAYING PEOPLE ARE GETTING HIT THERE ALL THE TIME

>> BUT THEY. >> BUT THEY HAVE PEOPLE WHO LIVE

THERE. >> COMMISSIONER PERONA.

YES, SIR. >> I DID NOT HEAR THAT.

WE HAVE HEARD THIS BEFORE, PEOPLE LIVING IN A SPECIFIC AREA FOR 25 YEARS WAS ABLE TO TELL US DATES, TIMES, EVERYTHING THAT HAPPENED THERE AND SHOWED US THAT THIS WAS A DANGEROUS TRAFFIC ROAD, A DANGEROUS ROADWAY.

WE DID NOT HEAR THAT. AGAIN, PART OF THE TRC, THE FIRE DEPARTMENT WEIGHED IN ON THAT BECAUSE THAT'S WHAT I WOULD SAY, HOW ARE THEY GOING TO GET FIRE EQUIPMENT IN AND ALL THAT STUFF? IN THE FIRE ISSUE WAS SOMETHING THAT WE WANTED TO CONSIDER AND OE OF THE ONES BEFOREHAND WE HAD A CITY ENGINEERING REPORT THAT SHOWED THE ROAD WAS DEFICIENT, THERE WAS AN ITEMIZED LIST OF EVERYTHING THAT WAS WRONG WITH IT, THEY COULD CREATE AN ISSUE OF SAFETY ON THAT ROADWAY.

THIS PARTICULAR ONE DOES NOT HAVE THAT.

IN FACT, ON THE LIST OF POOR ROADS, THIS WAS NOT PART OF THAT FROM WHAT I SAW. WHEN YOU START TALKING ABOUT ISSUES OF THE SAFETY OF ROADS, THIS AND THAT, I AGREE WITH YOU, BY I DIDN'T HE I T I DIDN'T HEA EVIDENCE TODAY.

>> BUT YOU WOULD SAY TO YOU THAT YOU DIDN'T BECAUSE IT'S AN ESTABLISHED RESIDENTIAL NEIGHBORHOOD AND IT HASN'T HAPPENED BUT WE DON'T KNOW IF A LOT OF PEOPLE COMING AND GOING WHO DON'T KNOW ANYTHING ABOUT THOSE STREETS, WHAT IF THEY COME THERE LATE AT NIGHT? THE REASON I THINK YOU DIDN'T HEAR IT IS BECAUSE SOUNDS LIKE EVERYBODY KNOWS WHAT EVERYBODY DRIVES AND KNOWS HOW MANY KIDS THEY HAVE AND HOW MANY GRAND KIDS THEY HAVE THERE'S A -- THAT'S WHAT A NEIGHBORHOOD IS.

THAT'S WHAT A NEIGHBORHOOD IS. >> MR. CHAIR?

[03:40:02]

>> OKAY. I GET THAT, I DO, BUT WHAT YOU'RE TALKING ABOUT IS MORE PERCEPTION BECAUSE IT HASN'T HAPPENED. IT MIGHT BE A REASONABLE PERSONAL MIGHT COME TO THAT CON LU COLLUSION AND ALL THAT, BUT ITL HVLUSION AND ALL THAT, BUT IT HCLUSION AND ALL THAT, BUT IT HAS TO BE EVIDENCE DRAN.

IF WE CAN SHOW THAT, I WILL JOIN EVERYBODY ELSE.

YOU DON'T HAVE EVIDENCE TO BACK UP THOSE STATEMENTS SO IT'S A

PERCEPTION. >> YES, MA'AM?

>> AND I WOULD SAY TO THAT, WE ONLY HAVE PERCEPTION FROM THE APPLICANT. WE'RE GOING TO VET EVERY SINGLE PERSON THERE, WE'RE GOING TO DO THAT, WE'RE GOING TO DO THIS, THAT'S EQUALLY, THAT'S WHAT THEY PROMISE AND I REALLY HAPPEN TO THINK THAT THEY WOULD DELIVER ON THAT, BUT AS IT WAS POINTED OUT, HOW HOW LONG ARE THEY GOING TO OWN THIS HOUSE? AND IT'S ALSO THE PROPERTY MANAGER HAS TO LIVE IN ST. LUCIE COUNTY. SO THERE IS AN ISSUE LATE AT NIGHT, ARE YOU GOING TO CALL THE POLICE OR THE PROPERTY MANAGER? WHAT YOU'RE DOING IS PLACING IT ON THE NEIGHBORS TO BE POLICING.

YOU'RE PLACING IT ON THE NEIGHBORS TO BE WATCHING WHAT'S HAPPENING THERE TO SEE IF THEY'RE LIVING UP TO THEIR CONDITIONS, WHICH I HAVE EVERY BELIEF THAT THEY INTEND TO DO, I WANT TO BE FAIR, BUT WE, AS A COMMISSION, HAVE LISTENED TO PEOPLE MAKE PROMISES WHEN THEY'RE COMING IN HERE FOR DEVELOPMENTS AND COMING IN FOR WANTING OUR APPROVAL AND THEN FIND OUT LATER THOSE PROMISES WERE NOT KEPT.

SO I THINK THAT IT'S ALSO, IF YOU THINK ABOUT WHAT AN ACTUARY DOES. AN ACTUARY MAKES ASSUMPTIONS.

I'M ASSUMING THAT SINCE THIS IS A MALE DRIVER UNDER 18, HE'S GOING TO HAVE MORE ACCIDENTS BECAUSE THE NUMBERS SHOW THAT.

SO THAT'S NOT SPECULATION, THAT'S AN ACTUARIAL ASSUMPTION SO YOU CAN MAKE SOME ASSUMPTIONS ABOUT WHAT'S GOING TO HAPPEN WHEN NEIGHBORS COME IN AND OUT OF YOUR NEIGHBORHOOD ON A SHORT

TERM BASIS. >> COMING TO YOU NEXT,

COMMISSIONER ALEXANDER. >> I THINK IT WAS MADE VERY APPARENT TO ME THAT IF IT'S A DENIAL, THE BURDEN OF PROOF COMES TO US ON THAT AND THE BURDEN OF PROOF IS THAT IT HAS TO HAVE LEGALLY SUPPORTED EVIDENCE TO BE ABLE TO DO THAT.

IF I'M WRONG, PLEASE, CITY ATTORNEY, WEIGH IN HERE, BUT I'M SAYING THAT THE BURDEN OF PROOF COMES TO THIS COMMISSION AND AS WE GO FORWARD WITH IT. WE HAVE TO HAVE THAT EVIDENCE AND THAT FACTUAL INFORMATION TO SUPPORT THAT AND IF WE DON'T HAVE IT AND IT'S PERCEPTION, WE'RE NOT DOING WHAT WE'RE SUPPOSED TO DO. I'M DONE.

>> COMMISSIONER ALEXANDER. >> WE'RE NOT GOING WHAT WE'RE SUPPOSED TO DO BECAUSE WE MADE A PLEDGE TO THE WHOLE CITY OF FORT PIERCE THAT WE WOULD DO DUE DILIGENCE AND I THINK STAFF HAS DONE THAT IN THE PAST AND I EXPECT FOR THEM TO DO IT IN FUTURE, BUT FOR THE LIFE OF ME, I DON'T UNDERSTAND, WE AS COMMISSIONERS, THEY ASK OF US EVERY TIME WE MEET TO DO THE RIGHT THING. AGAIN, I READ, I LISTENED, I EVEN PRAYED INFORMATION BUT NOTHING HAS COME TO ME IN MY FACE TO LET ME KNOW THAT IT WOULD BE ANYTHING DIFFERENT FROM WHAT THEY'RE PLEDGING. THEY PLEDGE TO DO THE RIGHT THING FOR THE CITY OF FORT PIERCE.

THEY'RE VISITORS NOW BUT THEIR FUTURE PLAN IS TO LIVE IN FORT PIERCE. HOW MANY PEOPLE SAID THAT 15 YEARS AGO? WHEN YOU SAID CITY OF FORT PIERCE YOU DON'T HAVE TO TELL THEM WHERE IT WAS AT BECAUSE

[03:45:04]

THEY KNOW AND IT WAS NOT NICE THINGS THEY SAID, EITHER.

WE'RE A BEAUTIFUL CITY, WE'RE A FINE CITY, WE'RE A LOVED CITY SO

LET'S LET IT BE THERE. >> MAYOR PRO TEM?

>> YOU'RE RECOGNIZED. >> I WAS ELECTED AND SITTING IN THIS CHAIR, HUMBLY SITTING IN THIS CHAIR BY THE VOTERS OF THIS GREAT CITY AND I'M NOT DENYING ANYBODY THAT OWNS PROPERTY IN THIS CITY THEIR RIGHTS. I'M A PROPERTY RIGHTS ADVOCATE PROBABLY IN WAYS YOU WOULD BE DUMBFOUNDED WITH THE WAY I'M SPEAKING WITH SOME OF THESE APPLI APPLICATIONS BUT I REPRESENT THE VOICE OF THE PEOPLE AND I WILL CONTINUE TO DO THAT. WHEN AAPPLICANT COMES FORWARD, RESIDENT OR NOT, PROPERTY OWNER OR PROPERTY OWNER REPRESENTATIVE COMES FORWARD, TO ME THE PBURDE OF PROOF IS FOR THEM TO TELL ME WHY I SHOULD APPROVE THAT. IT'S MY JOB TO JUDGE HAS HAS BEEN READ INTO THE RULES TO OURSELVES.

THEY HAVE TO PROVE TO ME WHY THE CITY OF FORT PIERCE SHOULD ACCEPT THIS, WHY WE HAVE A CONDITION USE ON THE TABLE THAT WE DO HAVE AN APPLICATION PROCESS AND SO THOSE ARE FACTORS THAT ARE IMPORTANT TO ME. FURTHER MORE, I DATA HEAR A BURDEN OF PROOF TONIGHT AND I HAVE IT IN HEAR A BURDEN OF PROOF TONIGHT AND I HAVE IT I HEAR A BURDEN OF PROOF TONIGHT AND I HAVE IT D HEAR A BURDEN OF PROOF TONIGHT AND I HAVE HEAR A BURDEN OF PROOF TONIGHT AND I HAVEA HEAR A BURDEN OF PROOF TONIGHT AND I HAVE IT IN A BINDER.

MR. ANDREWS IS ONE OF OUR HARDEST WORKING INDIVIDUALS, OUR CITY ENGINEER. IT DOES TAKE THE CITY ENGINEER TO TELL ME HOW MANY POTHOLES ARE BETWEEN FERNANDINA AND THE CUL-DE-SAC. PEOPLE CAN TELL YOU HOW MANY THERE ARE WITH FACT, WITH TESTIMONY.

I BELIEVE THEY WOULD BE OVERLY QUALIFIED WITNESSES TO DO SO SUCH A THING SO I HAVE SYSTEM TALKING ABOUT STRAINAGE AND STREETDRAINAGE AND STREET ISSUES, A JUDGE DOESN'T SAY TELL ME WHY MURDER IS UNACCEPTABLE SO MANY IN MY LAW BOOK, I SAYS HERE ARE THE ROADS I SAYS HERE I SAYST SAYS HERE A.

>> THE MOTION IS TO DENY THE CONDITIONAL USE WITH ALL THE CONDITIONS OUTLINED BY COMMI COMMISSIONER JEREMIAH JOHNSON. I WILL PULL TOGETHER THE CONDITIONS WHEN WE GO BACK AND LISTEN TO IT.

IT'S A MOTION FOR DENIAL. >> CALL THE ROLL.

⌞> COMMISSIONER ALEXANDER. >> NO.

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

>> COMMISSIONER J. SON SON. >> YES, MA'AM.

>> COMMISSIONER PIER. >> NO MA'AM.

>> COMMISSIONER HUDSON. >> YES.

>> MOTION FAILS. >> MOTION FAILS.

WE STILL NEED A MOTION. >> ALL RIGHT.

WE NEED A MOTION. >> MADAM MAYOR I WILL OFFER A MOTION HERE. I MOVE FOR APPROVAL OF THIS CONDITIONAL USE FOR THE APPLICATION FOR NO NEW CONSTRUCTION WITH THE OWNERS ANDRES GUARNIZO AT 1507 FABER

[03:50:07]

COURT WITH THE FOLLOWING CONDITIONS IN ADDITION TO WHAT THE CITY HAS ALREADY STATED. THOSE CONDITIONS THAT WERE OFFERED BY THE APPLICANT AND I ABBREVIATED THEM BUT I WILL OFFER THEM AS WELL AS WELL AS NO CONTRACT OR PARKING EXCEPT IN FRONT OF THE RESIDENCE, BACKGROUND CHECKS TO BE DONE AND NO SEX OFFENDERS, MAXIMUM OF EIGHT ADULTS AND TWO INFANTS.

THE POSTING OF DRIVE SLOW SIGNS THROUGHOUT THE NEIGHBORHOOD AND WILL NOTIFY THE APPLICANTS WHO WILL BE RENTING THE DWELLING OF THE CAUTION TO DRIVE SRLOWLY DU TO THE NEIGHBORHOOD.

THE PROOF OF BURDEN WHEN IT COMES TO PET VACCINATION BASED APPROPRIATELY ON THOSE THAT WILL BE BRINGING PETS.

AND THEN ONE ADDITIONAL THAT I WOULD OFFER IS THAT THIS PROPERTY WOULD NOT -- THIS CONDITIONAL USE WOULD ONLY BE DEEMED TO THIS APPLICANT AND NOT TRANS TRANSFERABLE IN EVENT OF SALE. THOSE ARE MY CONDITIONS.

THAT'S MAI MOTION. >> I WILL SECOND THAT WITH A

QUESTION. >> GO AHEAD, COMMISSIONER

ALEXANDER. >> THE LAST STATEMENT THAT YOU MADE ABOUT TRANSFER, IS THAT BINDING?

IS THAT LEGAL? >> MR. SWEENY?

>> MADAM MAYOR, COMMISSIONERS, THIS IS CONDITIONAL USE.

I THINK IT'S GOING TO REQUIRE RESEARCH BECAUSE YOU HAVE A CODE OF ORDINANCES THAT SAYS ONE THING AND YOU'RE CREATING A CONDITION THAT WILL BE IN CONFLICT WITH YOUR CODE.

>> OKAY. ALL RIGHT.

>> MADAM MAYOR? SPEAKING FROM A STAFF PERSPECTIVE I'M VERY CONCERNED WITH THESE ADDITIONAL CONDITIONS. THIS SETS FORTH A PRECEDENT THAT WE AS A CITY HAVE NOT FACED BEFORE.

THESE SPECIFIC CONDITIONS REQUIRE A VERY INTENSE LEVEL OF INVESTIGATION AND REPORTING AND I BELIEVE THAT WE NEED, AS A CITY, TO REMAIN CONSISTENT. IF THERE ARE CONDITIONS, WE SHOULD FOLLOW CONSISTENT CONDITIONS THAT WAY OUR STAFF CAN APPROPRIATELY MANAGE AND RESPOND TO CITIZEN COMPLAINTS.

>> I'M JUST STATING THAT. YOU ALL CAN APPROVE WHAT YOU

LIKE, I'M JUST APPROVING. >> EVEN IF THEY WERE OFFERED?

>> EVEN IF THEY WERE OFFERED, YES.

>> COMMISSIONER ALEXANDER, DO YOU HAVE A QUESTION FOR

MR. MIMS? >> YES, WE SHOULD STAY WITH THE CONDITIONS THAT THE CITY VOTED THE RESOLUTION ON AND NOTHING TO

ADD AND NOTHING TO DROP? >> COMMISSIONER ALEXANDER, WHAT I'M SAYING TO YOU IS THAT THE CITY OF FORT PIERCE, MY STAFF, WE WILL IMPLEMENT WHATEVER POLICIES YOU ALL DEEM FIT, BUT I'M TELLING YOU RIGHT NOW THAT I BELIEVE THAT THIS IS SETTING A PRECEDENT THAT WE HAVE NOT EMBARKED ON AND I JUST THINK

THAT -- >> I UNDERSTAND EXACTLY WHAT YOU'RE SAYING BUT ARE WE TO VOTE ON THIS RESOLUTION TONIGHT WITHOUT THOSE ADDITIONAL CONDITIONS AND BRING THEM BACK

IF IT'S NECESSARY? >> NO.

THE SHORT ANSWER IS THE CONDITIONS THAT ARE APPROVED TONIGHT WILL BE THE CONDITIONS THAT WILL BE FOLLOWED AND REQUIRED TO BE FOLLOWED BY THE APPLICANT.

IF THEY'RE VIOLATED, THAT'S A DIFFERENT SITUATION BUT WE DON'T HAVE THE ABILITY TO RETROACTIVELY GO BACK IN THE FUTURE AND SAY WE NOW WANT TO ADD SOMETHING.

>> OKAY, CAN I CLARIFY SINCE I MADE THE MOTION? SO THE OFFERED ORDINANCES, WE CAN'T ACCEPT THOSE BY LAW

BASICALLY? >> I'M OFFERING STAFF'S PERSPECTIVE FOR OUR ABILITY TO MANAGE AND ENFORCE.

YOU CAN APPROVE WHATEVER YOU WOULD LIKE AND WE WILL IMPLEMENT

[03:55:01]

THOSE POLICIES >> THE LAST POINT YOU MADE ABOUT THE CONDITION TIEING TO THE SALE OF PROPERTY, THAT'S DEFINITELY

AGAINST ORDINANCE, RIGHT? >> I FEEL MUCH LESS COMFORTABLE WITH THAT. THOSE TWO THINGS THERE.

ENFORCING THE EXOFFENDERS, THAT'S GOING TOSEXOFFENDERS, THAT'S GO OFFENDERS, THAT'S GOING TO TAKE STAFF TIME, THERE'S NO QUESTION ABOUT THAT BUT CONDITIONS AND ORDINANCES,

OUR ORDINANCES TAKE PRECEDENT. >> I UNDERSTAND, THANK YOU.

WITH THAT BEING SAID, I'M NOT GOING TO PUT THE CITY IN A LIABILITY SITUATION EXTENDING BEYOND THE CONDITIONS.

THEY WERE OFFERED BUT I UNDERSTAND WHAT THE ATTORNEY HAS INFORMED ME OF AND I WOULD LIKE TO RESCIND MY MOTION AND COME BACK WITH ANOTHER MOTION IN A FEW MINUTES.

>> ALL RIGHT, THANK YOU. >> I RESCIND YOU.

>> BUT IT'S BEEN SECONDED. >> BY I' I'U I'T I'M THE MAKER.

>> I CONFER. >> COMMISSIONER ALEXANDER

CONFERS. >> TRYING TO KEEP US CLEAR HERE.

>> YEAH, THANK YOU. APPRECIATE THAT.

I MOVE FOR THE APPROVAL OF THE QUASI JUDICIAL HEARING AT 1507 FABER COURT WITH THE CONDITIONS SET BY STAFF.

>> IS THERE A SECOND? >> I SECOND IT.

>> IS THERE A DISCUSSION? COMMISSIONER PERONA?

>> I WAS GOING TO MAKE THAT, JOIN IN THE DISCUSSION SAYING THAT WE OPEN A DOOR WHEN WE START TAKING ON ALL THESE OTHER CONDITIONS. PLUS WE'RE GOING TO BE HEARING A WIDE ARRAY OF SWEETENING OF THE DEAL AS WE GO FORWARD.

I DON'T WANT TO GET INTO THAT, WE'RE ONLY ALLOWING BROWN DOGS BECAUSE THEY'RE FRIENDLIER THAN WHITE DOGS.

I'M JUST SAYING THERE ARE THESE THINGS THAT CAN HAPPEN THAT JUST GET OUT OF CONTROL. SO I'M HAPPY WE ARE DOING THAT BUT I WILL SAY THAT IF THE APPLICANT WANTS TO ADOPT THAT ON THEIR OWN, THEY'RE MORE THAN WELCOME TO DO SO AND AND I THINK THAT WOULD BEI THINK THAT WOULD BE A BETTER WAY TO DO

IT. >> I WILL BE VOTING AGAINST BASED ON THE INFORMATION I PROVIDED EARLIER.

>> CALL THE ROLL, PLEASE. >> COMMISSIONER ALEXANDER?

>> YES. >> COMMISSIONER C. JOHNSON

>> YES, MA'AM. >> J. SON SON

>> GNOME. >> PERONA? YES, MA'AM MAYOR HUDSON NO, MA'AM.

MOTION PASSES. >> ARE WE READY TO MOVE FORWARD?

>> YEAH, I'M TRYING TO FIND MY AGENDA.

GO AHEAD. LADIES AND GENTLEMEN, IF YOU TAKE YOUR CONVERSATIONS OUTSIDE, PLEASE.

TH THANK YOU.

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

>> NEXT WE HAVE ORDINANCE 21-004 EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE TO INCLUDE TWO PROPERTIES AT OR NEAR 2398 PETERS ROAD IN FORT PIERCE, FLORIDA SHOWN ON EXHIBIT A TO ASSESS SET PROPERTY AND PLACE IT ON THE PROPERTY ROLLS ESTABLISHING THE ZONING DESIGNATION ESTABLISHED IN THE LAND USE DESIGNATION [INDISCERNIBLE] TO BE FILED WITH THE DEPARTMENT OF STATE AND SUBMITTED TO THE OFFICE OF ECONOMIC AND DEMOGRAPHIC RESEARCH PROVIDING FORBILITY CL

PROVIDING FOR PERSPECTIVE DATE. >> THIS IS THE SECOND READING.

ANYONE WISHING TO ADDRESS THE COMMISSION ON THIS ISSUE COME

[04:00:02]

FORWARD. SEEING NO ONE, I WILL CLOSE THE PUBLIC HERING AND ENTERTAIN THE MOTION.

>> MOVE TO APPROVE. >> I NEED TO SPEAK TO YOU.

>> PLEASE COME FORWARD. >> YOUR NAME AND ADDRESS?

>> [INDISCERNIBLE] I LIVE AT 311 NORTH 17TH STREET HERE IN FORT PIERCE, FLORIDA. I WOULD LIKE TO BRING SOMETHING TO YOUR ATTENTION THAT IS AFFECTING US.

THE CITY HAS DONE A VERY FINE JOB DOING STREET.

THEY PUT BEAUTIFUL LIGHTS, FIX THE STREET, EVERYTHING IS NICE, BUT SOMETHING IS IMPEDING THESE PEOPLE FROM PROGRESSES IN THEIR

WORK. >> ARE YOU SPEAKING ABOUT 2398

PETERS ROAD? >> GNOME, I'M TALKING ABOUT 17TH

STREET. >> WE'RE TALKING ABOUT 2398

PETERS ROAD RIGHT NOW. >> OKAY.

>> 17TH STREET, I'M NOT SURE, IS THERE ANYTHING LATER ON THAT'S

ON 17TH STREET? >> YOU SPOKE ABOUT IT EARLIER.

>> IT WAS ON THE CONSENT AGENDA. YOU CAN COME BACK, THERE'S COMMENTS FROM THE PUBLIC LATER ON, OKAY? AND THAT'S THE TIME YOU CAN COME FORWARD.

>> WE'LL GET THROUGH THIS AS WEEKLYWE'LL GET THROUGH THIS ASY

AS WE CAN. >> I MOVE TO APROCEED.

>> ORDINANCE 21-012, AN ORDINANCE [INDISCERNIBLE] MOBILE MANUFACTURED HOME REPAIR REMODELING GUIDELINES PROVIDING FOR APPLICABILITY AND NATURE PROVIDING FOR ENFORCEMENT PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE

[c. Legislative Hearing - Ordinance 21-012 Amending Chapter 103, Article IX, Property Maintenance Ordinance and Housing Code and creating Article XI, Mobile and Manufactured Homes. SECOND READING]

THIS IS THE SECOND READING. >> THIS IS THE SECOND READING, ANYONE WISHING TO ADDRESS THE COMMISSION PLEASE COME FORWARD.

SEEING NO ONE, I WILL CLOSE THE PUBLIC HEARING AND ENTERTAIN A

MOTION. >> MOVE FOR THE APPROVAL.

[d. Legislative Hearing - Ordinance 21-013 - extending the territorial limits of the City of Fort Pierce, to include one (1) property at or near 2192 Copenhaver Road in Fort Pierce, Florida. SECOND READING]

>> ORDINANCE 21-013, AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE TO INCLUDE ONE PROPERTY AT OR NEAR 2192 COPENHAVER ROAD IN FORT PIERCE TO PLACE IT ON THE CITY TAX ROLLS AS OF JANUARY 21, 2021, TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY [INDISCERNIBLE] ESTABLISHING OR DIRECTING THE FILING AND ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT DIRECTING REVISION OF THE CHARTERED BOUNDARY ARTICLE TO BE BOUND WITH THE DEPARTMENT OF STATE AND SUBMITTED TO THE OFFICE OF ECONOMIC AND DEMOGRAPHIC RESEARCH AND PROVIDING FOR AN EFFECTIVE DATE, THIS IS A SECOND READING.

>> ANYONE WISHING TO ADDRESS THE COMMISSION ON THIS THIS ISSUE, COME FORWARD. I'LL ENTERTAIN A MOTION.

>> MOVE FOR APPROVAL. >> SECOND.

>> NEXT WE HAVE RESOLUTION 21-R26, DETERMINING THAT A STRUCTURE LOCATED 191909 NORTH 16TH STREET IN FORT PIERCE, FLORIDA IS UNSAFE AND A KNEW SENSE THAT CONSTITUTES A MENACE TO THE HEALTH AND SAFETY OF THE COMMUNITY.

[a. Resolution No. 21-R26 determining that the structure located at 1909 N 16th Street is unsafe, has been condemned in accordance with the International Property Maintenance Code as adopted by the City Commission and should be demolished. A hearing to determine this matter is scheduled before the City Commission on June 21, 2021.]

NOTIFYING ALL PARTIES OF POTENTIAL ACTION BY THE CITY OF FORT PIERCE FOR FAILURE TO ACT AND THAT A PUBLIC HEARING BE HELD ON JUNE 2ND #, 2021 AT 4:30 P.M. IN THE CITY#, 2021 AT 4:30 P.M. IN THE C1, 2021 AT 4:30 P.M. IN THE CS, 2021 AT 4:30 P.M. IN THE CT, 2021 AT 4:30 P.M. IN THE CITY COMMISSION

[04:05:02]

CHAMBERS. >> I MOVE TO APROVE THE RESOLUTION I MOVE.

[b. Resolution No. 21-R27 determining that the structure located at 427 N 14th Street, Building #3 (rear) is unsafe, has been condemned in accordance with the International Property Maintenance Code as adopted by the City Commission and should be demolished. A hearing to determine this matter is scheduled before the City Commission on June 21, 2021.]

>> SECOND. >> CAL THE ROLL.

[INDISCERNIBLE] ALL PARTIES OF INTEREST MUST SHOW CAUSE POTENTIAL ACTION BY THE CITY OF FORT PIERCE FOR FAILURE TO ACT AND THAT A PUBLIC HEARING BE HELD AT THE COMMISSION MEETING ON JUNE 21, 2021, AND PROVIDING FOR NOTICE OF ALL PARTIES

>>. >> IS THERE A MOTION?

>> I MOVE APPROVAL OF 21-R27. >> IS THERE A SECOND?

>> NEXT WE HAVE RESOLUTION 21-R28, A RESOLUTION CERTIFYING THE APPOINTMENT OF MEMBERS TO THE BOARD OF ADJUSTMENT AND PROFINDING FOR AN EFFECTIVE DATE APPOINTING JAMIEBETH GALINIS AS COMMISSIONER PERONA'S REPRESENTATIVE.

[c. Resolution 21-R28 appointing Jamiebeth Galinis to the Board of Adjustment as Commissioner Perona's appointee.]

>> IS THERE A MOTION? >> I MOTION.

>> SECOND. >> CALL THE ROLE, PLEASE.

[d. Resolution 21-R29 Establishing an Auditor Selection Committee]

>> NEXT IS RAZE LUCIAN 21-R29 ESTABLISHING AN AUDITOR COLLECTIONESOLUTION 21-R29 ESTABLISHING AN AUDITOR COLLECTION COMMITTEE [INDISCERNIBLE] THIS IS THE COMMITTEE THAT YOU ASKED TO BE ESTABLISHED AT OUR LAST MEETING.

>> RIGHT, ANY DISCUSSION OR A MOTION?

>> MOVE FOR APPROVAL FOR RESOLUTION 21-R29.