- Present:
- Commissioner Curtis Johnson, Jr.; Commissioner Jeremiah Johnson; Commissioner Thomas Perona; Mayor Linda Hudson
- Absent:
- Commissioner Rufus Alexander
- Staff Present:
-
- City Clerk Linda Cox
- City Manager Nicholas Mimms
- City Attorney Peter Sweeney
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Curtis Johnson, Jr. to approve the minutes of the June 21, 2021 Regular Meeting.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
Any person who wishes to comment on an agenda item which is not under Public Hearings on the Agenda may be heard at this time and must sign up to speak in advance. Please limit your comments to three (3) minutes or less, as directed by the Mayor, as this section of the Agenda is limited to thirty minutes. The City Commission will not be able to take any official actions under Comments from the Public. Speakers will address the Mayor, Commissioners, and the Public with respect. Inappropriate language will not be tolerated.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Curtis Johnson, Jr. to approve the Agenda.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to approve items 11a, b, c, g, h, i, j, k, l, and m of the Consent Agenda.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Thomas Perona to approve item 11d.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Thomas Perona to approve item 11e.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Jeremiah Johnson to approve item 11 f.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
ORDINANCE NO. 21-017
AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE SIX (6) PARCELS AT OR NEAR 2261 PETERS ROAD IN FORT PIERCE, FLORIDA AND SHOWN ON EXHIBIT A; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF JANUARY 1, 2021; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; ESTABLISHING THE ZONING DESIGNATION; ESTABLISHING THE LAND USE DESIGNATION; DIRECTING FILING OF THE ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT AND CHIEF ADMINISTRATIVE OFFICER OF ST. LUCIE COUNTY; DIRECTING REVISION OF THE CHARTER BOUNDARY ARTICLE TO BE FILED WITH THE DEPARTMENT OF STATE AND SUBMITTED TO THE OFFICE OF ECONOMIC AND DEMOGRAPHIC RESEARCH; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. SECOND READING
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to approve Ordinance No 21-017.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
ORDINANCE NO. 21-019
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, CREATING CHAPTER 22, ARTICLE X – SHORT TERM AND VACATION RENTAL REGULATIONS; ESTABLISHING STANDARDS AND REGULATIONS; PROVIDING FOR ENFORCEMENT;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS THEREOF IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
Staff Presentation:
City Clerk Linda Cox presented proposed Vacation Rental Ordinance. Staff recommends
• Rental unit registration shall be required of each individual unit.
• Pool and Rental Unit inspections will not be required by the City; any inspections would be conducted by the state.
• All other standards and requirements along with the enforcement of such as summarized in the task force findings are included.
• Registration Fee should be $250.00 per unit annually with the elimination of the inspections.
• One Code Enforcement Officer funded by the registration fee to ensure proactive enforcement of requirements and identifying unregistered rental units.
Commission questions for staff:
Mayor Hudson inquired how the fee cost was established and if this accomplishes proactive enforcement, and the role the City Clerk’s office plays.
Linda Cox responded that the model for vendor permitting was the guide for establishing the fee,but the fee may not completely fund a code enforcement officer, and the City Clerk’s office would facilitate issuance of vacation rental registration exclusively; eliminating dwelling rental conditional use.
Commissioner Curtis Johnson, Jr. requested clarification on line 238, commercial events, if all staff recommendations had been included in the ordinance, he expressed concern with the restrictive language in line 391, regarding emergency situations, and concerns with exterior postings.
Mrs. Cox referred to the definition of commercial events, explained that the proposed ordinance contains staff recommendations, and addressed the restrictive language.
Commissioner Perona requested explanation of the current conditional use process and the cost for comparison purposes.
Mrs. Cox explained the current process for conditional use and the cost as an average $700 according to the Planning Department.
Commissioner Jeremiah Johnson inquired if St. Lucie County Tax Collector has established updates for vacation rentals, is line 482 the standard for applications and included in proposed fee; what licenses renew on 09/30, and is the non renewal language in lines 487-493 required.
Mrs. Cox stated she is unaware if St. Lucie County Tax Collector has made changes, and that renewals run concurrent with Business Tax Receipts.
Mayor Hudson opened the public hearing.
Tiffany Wright-Ofiemu – Against exterior posting, landline and one-hour response requirement. Believes current holders should be grandfathered.
Scott McAllister- In favor of $250 registration fee.
Lisa Cataline- Against property management company in St. Lucie County, rather consider distance. In favor of enforcement for fees.
Tara Marchisello- Against exterior posting. Concerns with noise verbiage.
Richard Riohoff- Against landline requirement.
Nick Danaluk- Believes current holders should be grandfathered and would like no other regulations other than DBPR. Against curfews, noise restrictions, and 24/7 availability.
Dave Underhill- Would like fees to cover possible legal cost against the City.
Mike Nole- Against the inclusion of leash laws and $250 fee.
David Hicks- Would like enforcement of rules, fees, and a liability insurance requirement.
Kris Einstein-Believes grandfathering has been lost and cannot be regulated.
Deborah Underhill-Against exterior posting. In favor of proposed registration fee.
Susan Baker-Against exterior posting. Believed current holders should be grandfathered.
Shawn Dufalt- Against proposed regulations. Believes current holders should be grandfathered.
Larry Winter-Would have liked the task force to consider the City of Largo's ordinance. Believes current holders should be grandfathered.
Michelle Danaluk- Believes the City does not have the right to regulate.
Travis Burton- Posed concern with grandfathering, one-hour response may cause harassment, and would like proximity rather than residency.
Chris Gardner- Would have like current vacation rental owners considered.
Mayor Hudson closed the public hearing.
Comments from the Commission:
Commissioner Jeremiah Johnson is in favor of the removal of 310-315.
Commissioner Curtis Johnson inquired to what is lost or gained from the conditional use process to the proposed change. In addition, he has concerns with distance requirement for property management and noise.
Attorney Sweeney commented that the proposed ordinance will allow for more applicants. Forbearance or deferment may be a policy decision by the Commission for current holders.
Commissioner Perona commented that the proposed Ordinance is meant to streamline the current conditional use process. The property management company requirement must be sensible.
Mayor Hudson asked Linda Cox to elaborate on the task’s forces determination for property management response location. Additionally, asked to clarify the use of tents. Mrs. Cox explained that the St. Lucie County residency requirement is a hold-over from conditional use requirement.
City Manager Nick Mimms suggested if we have existing ordinances, they should be referenced. Attorney Sweeney referenced that existing code would protect the City.
Commissioner Perona directed the question to Mr. Mimms if the $250 registration fee will cover the cost of a new code enforcement officer. He also requested prior to second reading code enforcement refer to possible amendments. Mr. Mimms explained that it will not, but the City will determine how to fund it.
Commissioner Jeremiah Johnson inquired as to the requirement for 14-17 and 19. Commissioner Curtis Johnson expressed concern with the language for 19 in section 22-506.
Attorney Sweeney commented that the language in 19 is proactive but questions the ability to enforce.
Mrs. Cox summarized the amendments requested by the Commission as follows:
Line 91-93 - Noise definition will match current code and reference the Noise Ordinance.
Lines 206-237 regarding noise regulations are deleted.
Lines 246-261, will be modified to reference existing code only.
Line 271 regarding evacuation will change the word posting to declaration.
Lines 310-315 regarding exterior positing is deleted.
Line 374, the management company being required to be in St. Lucie County is deleted.
Lines 487-493 regarding renewal extension is deleted.
Mr. Mimms expressed the desire to have City Staff go over the proposed revisions prior to the second reading.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Curtis Johnson, Jr. to approve Ordinance No 21-019 as amended.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Jeremiah Johnson to postpone item 12 c until the July 19, 2021 Regular Meeting.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
ORDINANCE NO. 21-021
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA AMENDING THE CODE OF ORDINANCES OF THE CITY OF FORT PIERCE, FLORIDA; AMENDING CHAPTER 22, ARTICLE VIII, “VENDORS, SOLICITORS AND CANVASSERS”, SECTIONS 22-358 THROUGH 22-440 DELETING ALL REFERENCES AND REQUIREMENTS FOR AN APPLICATION, PERMIT OR A FEE; CLARIFYING GENERAL REGULATIONS; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Staff Presentation: City Clerk Linda Cox presented a brief summary of the proposed Ordinance eliminating Vendor Permit, Application, and payment as a result of Florida Statue 509.102 preempting our ability to regulate.
Mayor Hudson opened the public hearing.
Michelle Danaluk
Mayor Hudson closed the public hearing.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Thomas Perona to approve Ordinance No 21-021.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
RESOLUTION NO. 21-R34
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, CERTIFYING THE MAYOR'S APPOINTMENTS AS COMMISSIONER OF THE HOUSING AUTHORITY OF THE CITY OF FORT PIERCE; PROVIDING FOR AN EFFECTIVE DATE.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Curtis Johnson, Jr. to approve Resolution No. 21-R34
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
RESOLUTION NO. 21-R35
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, CERTIFYING THE APPOINTMENT AND REAPPOINTMENT OF MEMBERS TO THE ARTS AND CULTURE ADVISORY BOARD; PROVIDING FOR AN EFFECTIVE DATE.
Motion was made by Commissioner Thomas Perona, seconded by Commissioner Curtis Johnson, Jr. to approve Resolution No. 21-R35.
- AYE:
- Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Commissioner Thomas Perona, Mayor Linda Hudson
Passed
Any person who wishes to comment on any subject may be heard at this time. Please limit your comments to three (3) minutes or less, as directed by the Mayor, as this section of the Agenda is limited to thirty minutes. The City Commission will not be able to take any official actions under Comments from the Public. Speakers will address the Mayor, Commissioners, and the Public with respect. Inappropriate language will not be tolerated.
Tiffany Wright- Ofiemu
Michelle Longarzo-Danaluk
Chris Gardner
Attorney Pete Sweeney has no comments.
City Clerk Linda Cox notified the Commission that the advertisement for new City Attorney has been placed.
Commissioner Curtis Johnson, Jr. encouraged the public to get involved with board appointment. He echoed Mayor Hudson’s appointment to the Housing Authority Board. In addition, he commented on the Closing the Gap grant received by the city and the positive outcome of the fourth of July engagement that he participated in.
Commissioner Jeremiah Johnson conveyed his discouragement with the FPUA meeting and would like to see change.
Mayor Linda Hudson indicated that the FPUA may be unaware that they are not meeting expectations.
Immediately following adjournment, please move toward the doors and exit the chambers. This allows for the safe and courteous exit of all persons, and those on the dais. Conversations after the meeting should be held outside of chambers, in the foyer or elsewhere, but not in the commission chambers where lights will be out as soon as the chambers are empty.
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CITY CLERK
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MAYOR COMMISSIONER
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