Ordinance No. 14-019 - Amending Chapter 9, Article IV - Peddlers, Solicitors and Canvassers.  FIRST READING (postponed from 8/4/2014 meeting)

City Clerk Linda Cox introduced the ordinance, read by title only, into the record.
 
Ms. Peggy Arraiz, Code Enforcement Director, appeared with a presentation outlining the changes the Commission requested be made.
 
Mayor Hudson opened the Public Hearing.
 
Ms. Marcia Baker stated this should have been a Planning Department matter, all new rules and/or changes should be drawn up by qualified planning department staff and be incorporated into the City’s current LDR and Comprehensive Plan.  She stated the idea of food trucks and carts creating jobs is unlikely and that greedy franchisers will take advantage when these businesses fail to succeed.    
 
Ms. Brenda Delong-Benary stated the hot dog cart is not going to be in competition with the restaurants, they are not corporations that are going to put people out of work.  She said they can put people to work that cannot get jobs otherwise and this is a good way to enable them to do this.    She thinks the Commission made a mistake by removing the lottery and wishes them to reconsider not allowing vendors on the beach.       
 
Mr. John Divas stated there is a difference between a cart and a truck and he does not see a problem with them being in the parks.  He commented on the restriction of only 20; he likes that this can be revisited to possibly add more to the 20 stated.  He feels this could be a job opportunity for today’s youth.
 
Mr. Augusta Williams stated he used to have a cart on 16th Street and Avenue D selling ribs, chicken and fish until he was shut down.  He stated he is a convicted felon and he cannot find a job because they are still on his record.  He is looking for a hand up, the chance to take care of his children.  This ordinance will help him.
 
Mr. Rick Reed stated he can understand child and sexual offenders being prohibited, but questioned the amount of 5 years for the felony conviction rule.  He asked who is to judge when someone is trying to better themselves.  He also questions the 500 foot setback from each vendor and the restrictions it creates on south beach.
 
Ms. Denise Houston stated she had received fines about a year ago for a food truck that she had set up on Okeechobee Road.  She stated she was unaware of the ordinance at that time that did not permit vending.  She offers jobs to the 12th graders at Westwood to earn a little money as well as to earn toward their volunteer hours.  She prefers a setback of 300 feet instead of the stated 500 feet.
 
Mr. Richard Silvestri stated great things can come from people that push ice cream carts as his grandfather did in Miami in the 1900’s.
 
Mr. Bruce Murray feels the revised ordinance was very well done and hopes the Commission approves.  He stated he followed an ice cream through Causeway Park on Sunday and was concerned by the traffic that was generated by the truck and then the safety issues for the pedestrians when he parked.  He is pleased that the amendment to the ordinance addressed these issues.
 
Ms. Carole Mushier wanted to remind the Commission that the City does have a contract in place with only one vendor for non-motorized kayaks and bicycle rentals at two beach parks that she feels should be honored.  She wanted to thank staff for making the revisions simple and comprehensive and supports the ordinance as written.
 
Mr. Patrick Henry questions whether it is about vehicles or push carts that are typically on the sidewalk and not parked on the street.  He commented he sees plenty of people drinking alcohol and listening to loud music at the jetty and then the drinking at Friday Fest.  He feels that families after being at the beach with the sand and the kids would rather have a hot dog or snow cone, they don’t want a restaurant.
 
Mr. Charlie Hayek would like to speak in favor of having vendors on the beach and ask the Commission to reconsider  vendors on the beach; he does not feel they will disrupt the restaurants on south beach.  He has been a member of the South Beach Association for years.  He wanted it known the Association is not a unified group.
 
Ms. Deanna Voehl stated the beach has changed. She sees vendors as minimal compared to the changes she sees at Jetty Park with the drinking and partying and with some organization she feels vendors could be doable.  She deals a lot with repressed and recovery individuals and states they need a chance and five years is a long time to not have a job.  This is an opportunity for them and they should have the same requirements as everyone else that has a business, it should be across the board and not discrimate against the vendors.
 
Seeing no one further Mayor Hudson closed the Public Hearing.
 
Ms. Arraiz clarified for Commissioner Alexander that a 2002 felony conviction would not impact an applicant’s ability to get a permit.  She also wanted to point out that included in this ordinance the City is allowing individuals to go knock on doors with door to door solicitations.  The City wants to make sure they are not giving someone convicted of a felony permission to go knocking on the doors of its citizens.
 
Commissioner Sessions feels Fort Pierce is unique culturally and if the circumstances do not necessitate government getting involved he does not like it.  He now does see where this warrants government even getting involved.  To protect the businesses that are in existence he can understand the 500 foot setback.  However, the 300 foot rule seems to be there just to protect a special interests group.  He stated that he thinks five years is a little more extensive than necessary and may deny people jobs. 
 
Commissioner Perona stated it is a balance between the safety of the people and not to take away the quality of life of the people that have an investment there.  He said he is a member of the South Beach Association only as a dues payer and he received an email indicating everything that was being spoken of here tonight. 
 
Commissioner Becht commended Ms. Arraiz on a great job balancing the varying viewpoints.  He would like to look at this as a work in evolution that the City is going to try this and learn from it.  The cap of 20 permits will make it easier to police and see where it goes; in the future it may increase.  He would rather be more cautious and keep the 300 foot setback in place but is willing to talk compromise on a three year felony rule instead of five years. He asked Ms. Arraiz to prepare a comparison of permit costs for a 20 seat restaurant and a mobile food vendor.
 
Commissioner Alexander stated he is concerned about the five year felony; he is more comfortable with the requirement of two years. 
 
Ms. Arraiz clarified for the Commission the permit process and required fees an applicant would be responsible for to obtain their vendor permit.  The fees are a separate resolution that will be presented with conjunction of the second reading and can be easily amended or changed by the Commission.
 
Mayor Hudson commented she wanted to commend Mr. Arraiz for all of her hard work on this ordinance.  She does not have a problem with vendors on south beach; her concern is with the pedestrian traffic that would be generated.  The distance requirements were for safety issues and not to prevent vendors on beachside as well as the concern for the safety issues in any park.   She stated she wanted to clarify that as the Commission, it was not stated they do not want vendors on south beach, it was simply they wanted children to be safe in parks.