This Commission Meeting was conducted utilizing Communications Media Technology. Some Staff members were present in the Commission Chambers while others were present via the Zoom application.

 

ELECTED OFFICIALS PRESENT IN CHAMBERS:

Shirley Groover Bryant, Mayor

Tamara Cornwell, Vice-Mayor, Commissioner-at-Large 2 (Entered the meeting at 4:33 pm)

Sunshine Joiner, Commissioner, Ward 2

Sheldon Jones, Commissioner-at-Large 1

Harold Smith, Commissioner, Ward 1

Brian Williams, Commissioner, Ward 3 (Present via ZOOM)

 

STAFF PRESENT IN CHAMBERS:

Mark Barnebey, City Attorney (Entered the meeting at 4:37 pm)

Jim Freeman, City Clerk

Edward Johnson, Interim CRA Director

Mohammed Rayan, Public Works Director

Scott Tyler, Chief of Police

Cassi Bailey, Assistant City Clerk

Penny Johnston, Executive Assistant

 

STAFF PRESENT ELECTRONICALLY:

Todd Williams, Information Technology (IT) Consultant

 

 

  Mayor Bryant opened the meeting at 4:30 pm.

 

 

 

1.               CONSIDERATION OF RESOLUTION 2024-06: PROHIBITING OVERNIGHT PARKING ON CITY PARKING LOTS AND PROPERTY (J.FREEMAN/M.BARNEBEY)

 

Mr. Freeman introduced the item. This was previously discussed at a Workshop on February 5, 2024. Chief Tyler had previously asked for guidance for parking that has been happening overnight on City property at the lot on Riverside Dr. and 10^th Ave.  Currently, this is not allowed on this lot or most other City/CRA property. Mr. Freeman clarified that this Resolution would prohibit overnight parking on all City and CRA lots/property, unless it is designated to allow overnight parking and may require a permit. They are proposing the permit fee be $150/month. These individuals with a permit would be authorized to park in those designated parking lots overnight. They would not designate individual spots, rather it would be a designated area. He further summarized that larger vehicles such as campers, boats, and trailers would not be allowed even with a permit. The permit would also prohibit individuals from sleeping in their vehicles.  Other restrictions were noted and presented. Enforcement would mainly come from the Palmetto Police Department and Code Enforcement.  Warnings, towing of vehicles, and revocation of permits are all enforcement actions for violations.     Chief Tyler thanked the Commissioners for speaking individually with him on this Resolution. He believed they have crafted a good Resolution. He noted that different parking lots and properties can have different regulations (e.g., Riverside Park could be open 24 hours).   The overnight parking would apply from 1:00 AM – 6:00 AM.

 

City Commission/CRA Workshop

May 6, 2024

Page 2 of 4

 

 Commissioner Smith questioned the new law that was passed. Chief Tyler noted that a state law prohibits overnight sleeping/camping in public spaces.  This would include parks, right-of-way (ROW), and parking lots. This will become in effect October 1^st. There is a carve out in the state law that would allow people to sleep in their cars if the lots don’t have rules to prohibit overnight parking. Chief Tyler expressed his concern with neighboring jurisdictions enforcing overnight parking and the possibility that they would then all come to Palmetto if we didn’t have rules in place. The law also allows local businesses/residents to sue the City if we do not enact laws to prohibit overnight sleeping and camping in City Parking lots/property.   Mr. Barnebey sent an email to the Commission earlier today summarizing the new legislation.  Mr. Barnebey further clarified the state law. We cannot allow people to sleep on public property or rights of way, period.  However, sleeping in a car is not prohibited in designated overnight areas unless further restricted by the City.  We currently have regulations in place, whereby we don’t allow sleeping in parks or city property. We don’t address ROW right now and this is something we may have to address in the future. The County can designate places for people to camp on public property or within the Cities. However, it would have to come to the City Commission for approval before the County’s designated places can be approved.  We currently have places where it is not clear if people can park on City property, and places where we are already prohibiting overnight parking. Commissioner Smith asked how we can be sued. Chief Tyler reiterated that if we don’t prohibit them from sleeping on public property, we can be sued.

 

 Chief Tyler emailed the Commissioners the draft copy of the law. He then read aloud the draft. This will be made part of the Minutes.

 

 Commissioner Jones stated he doesn’t think there is a big problem after riding around the City.  He would like to know which lots the Mayor is interested in designating as overnight parking as he wants to communicate to his constituents.  He did see some overnight parking at Riverside and 10^th Ave.  He stated that in St. Petersburg they charge $25/month versus the proposed $150/mo. which seems high.  He doesn’t think there’s a hurry to create this policy.  He prefers to wait to see what the County does regarding the new law.   Chief Tyler reiterated that the issue he currently has is that the lot on Riverside and 10^th Avenue prohibits overnight parking, but people consistently park there overnight. This Resolution would allow people to lawfully be allowed to park there with a permit. Commissioner Jones believes that’s the only place that he can see being a problem. He thinks we need a parking garage in that area.

 

 Commissioner Joiner asked if Commissioner Jones was asking to show them which spots are designated.  He confirmed yes, he wants to know the designated lots.  She then asked if they can just start with the parking lot on 10^th and then expand, if needed.  Staff agreed and thought that was a good start.

 

 Mayor Bryant noted that the County is going to take action. We are going to be stuck, if we don’t take action. She believes we can tweak this resolution and be prepared to move forward. We don’t want to be in a position that we can be sued.  She wants to be proactive.

 

 Commissioner Smith clarified who has control over parking versus camping.  Mr. Barnebey responded that parking is in City control.  The County has some options for the camping issue, but they will still be required to get City Commission approval if they designate areas within City limits. There is a little gap in this resolution that doesn’t address ROW. We will have to amend our code in the future to state they can’t camp on our ROW. It already states that for our parks. Chief Tyler further explained guidelines the State has given them to address camping areas.  He doesn’t believe the City has any viable areas to be designated as a spot for the County to designate based on the state guidelines. The Commission has the authority not to agree with the County.

 

 

City Commission/CRA Workshop

May 6, 2024

Page 3 of 4

 

 Commissioner Jones reiterated that we already prohibit people from camping at the parks or property. We need to fix the ROW area in the future.

 

 Mayor Bryant questioned section (12) that should say City instead of City Clerk. It needs to state the City will be the one to enforce. She also stated section (7) language should be added to read “on or in” the vehicle permits. She mentioned, Section 9 scrivener’s error should read “a” not “an”.

 

 Mr. Rayan stated right now we can’t enforce parking in the ROW. It is a problem for emergency vehicles and people in the roadways. This resolution doesn’t address that, but it needs to be addressed in the future. 

 

 Mr. Freeman summarized the discussion. This resolution allows them to designate a specific area to allow for overnight parking (ex. Riverside and 10^th) and the Commission can make that decision. This appears to be the one area where they have an issue. They can add or delete designated areas as required.  Mr. Freeman referenced West Palm Beach that charges $100 or $80 for residents. A lot of cities are metered and max out at $20/day. They can set that rate for our City and be subject to change by Commission at any time.

 

 Commissioner Cornwell questioned boat parking and overnight parking.  Chief stated they currently do allow overnight parking in Riverside West so her example would be allowed. The Riverside and 10^th Ave lot was discussed again. He reiterated that it is currently not allowed to have overnight parking there. They are seeking to allow it with a permit. She wants to be considerate of the boaters who want to park overnight. She agrees with the Mayor and wants to try something. She believes they all have the same concerns and doesn’t want this issue to be pushed towards Palmetto because we don’t have any regulations. She believed they needed to do something and liked the proposal being discussed.

 

 Commissioner Smith asked what problem they have at Riverside. Chief responded that the parking lot at 10^th and Riverside currently doesn’t allow for overnight parking. However, people are currently parking there overnight. This is not allowed per our City Ordinance.  Commissioner Smith thinks boaters should be allowed to park there if they are boating. There are plenty of spaces in Riverside Park West for overnight parking so Chief believes there will be no impact.

 

 Mr. Barnebey stated there may be others that want to park there from Safe Harbor Marina.  Currently, they are hesitant as it is not allowed.   Mr. Freeman stated that it is common in other Cities that they can set the fees based on the lot. It can be adopted in a fee schedule via resolution. Commissioner Smith asked if the $150 was per month. Staff confirmed it is per month, however, he reiterated that they could change the fees based on demand. Some places could have a resident rate and a non-resident rate. They could also limit it to one permit per individual. It could be designated that it is ok to park overnight at Riverside Park West. Commissioner Smith wasn’t sure if he agreed with the costs.

 

 Commissioner Williams spoke via ZOOM 1) riverside park is a 24-hour park. He was concerned how you distinguish those camping versus fishing.  2) What do we do for events like the Regatta?   Chief Tyler stated he thinks they can easily regulate each lot separately based on need.  He stated they can allow overnight parking in Riverside West, but not overnight camping. They can treat that differently than the lot at 10^th Avenue and Riverside Drive.  Commissioner Williams also asked about parking rights that Safe Harbor has at the Riverside/10^th Ave lot.  Mr. Barnebey stated they can use that lot for public parking, but they could apply for overnight parking permits if certain spots are designated via this resolution. 

 

 

City Commission/CRA Workshop

May 6, 2024

Page 4 of 4

 

 Commissioner Cornwell stated she believes they need to limit someone from buying multiple spots. She suggested buying one spot per person. We are only talking about Riverside and 10^th Ave lot.  She doesn’t want to allow businesses to buy multiple spots. She wants to prohibit businesses from parking overnight and taking public spots unless they have a permit.

 

 Commissioner Jones reiterated this provision for overnight parking is from 1:00AM- 6:00AM. That parking lot will remain open to everyone for all the other times. He asked if anyone knew how many parking spaces are in that lot? Mr. Barnebey thought it was 86. Mayor Bryant has that information somewhere. Once the number is known, the Commission will determine how many overnight spots to designate.

 

 Mayor Bryant summarized that they’re ok with limiting it to the lot at Riverside and 10^th Ave. and do a little more research on other locations and what they charge. We can make adjustments based on what we discussed today. They can pull up the parking study from Zach. Hopefully they can move forward on May 20^th. They will need to monitor what the county is doing.

 

Mayor Bryant adjourned the meeting at 5:37 pm.