Aug 20, 2025 City Council Regular Meeting

[00:00:01]

FOR THE LIVE ENTERTAINMENT. GOOD MORNING AND WELCOME TO THIS CITY COUNCIL REGULAR MEETING ON

[1. CALL TO ORDER AND ROLL CALL]

COUNCIL MEMBER BARTON HERE. COUNCIL MEMBER CHRISTMAN HERE.

COUNCIL MEMBER. KRAMER HERE. COUNCIL MEMBER. PENNIMAN HERE.

COUNCIL MEMBER. PETRENKO HERE. VICE MAYOR HUTCHINSON HERE.

MAYOR HEITMANN HERE. THANK YOU. TODAY WE ARE HAPPY TO HAVE PASTOR MARK MINCEY WITH US FROM ORANGE TREE BIBLE CHURCH.

[2. INVOCATION AND PLEDGE OF ALLEGIANCE]

LET'S PRAY. FATHER IN HEAVEN, I COME TO YOU TODAY IN THE NAME OF JESUS, THANKFUL FOR ACCESS INTO YOUR PRESENCE. AND I BLESS YOUR HOLY NAME INDEED.

HALLOWED BE YOUR NAME. MAY YOUR KINGDOM COME, AND MAY YOUR WILL BE DONE ON EARTH AS IT IS IN HEAVEN, AND AS A LOCAL EXPRESSION OF THAT ANCIENT PRAYER.

I PRAY FOR OUR MAYOR AND OUR COUNCIL MEMBERS THAT THEY WOULD TRULY HAVE YOUR WISDOM AS THEY SEEK TO GOVERN THIS COMMUNITY IN A WAY THAT ALLOWS US ALL TO FLOURISH AS CITIZENS OF THIS COMMUNITY AND ALSO OF YOUR GREATER KINGDOM.

THANK YOU FOR EACH ONE OF THEM AND THE TIME THEY DEVOTE TO OUR COMMUNITY.

BLESS THEM AND PROTECT THEM, I PRAY. I ASK THAT YOU WOULD GIVE US OUR DAILY BREAD.

WE ARE RICH MATERIALLY COMPARED TO MOST OF THE WORLD.

BUT PERHAPS THERE ARE THOSE EVEN IN THIS ROOM WHO HAVE NEEDS THAT GO FAR BEYOND THE MATERIAL.

SO GIVE YOUR CHILDREN THEIR DAILY BREAD. DEAR FATHER, PHYSICALLY, SPIRITUALLY, COMMUNALLY AND RELATIONALLY.

AND LEAD US NOT INTO TEMPTATION. HOLY FATHER, PROTECT US FROM GOING TO PLACES IS AGAIN PHYSICAL, SPIRITUAL, COMMUNAL OR RELATIONAL THAT WE MIGHT INSTINCTIVELY GO BUT OUGHT NOT GO.

GUIDE US AWAY FROM CARNAL INSTINCTS AND INTO YOUR BLESSED PRESENCE AND PEACE.

AND FOR ALL THIS WE WILL HUMBLY THANK YOU. FOR THINE IS THE KINGDOM, AND THE POWER AND THE GLORY FOREVER.

AMEN. AMEN. THANK YOU. PLEASE JOIN ME IN THE PLEDGE.

I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.

AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

GOOD MORNING, MR. YOUNG. GOOD MORNING, MAYOR AND MEMBERS OF COUNCIL.

[3. SET AGENDA (add or remove items) ]

THE OTHER ONE IS LEGISLATIVE AGENDA FOR NEXT YEAR.

AND IN. SO THE CITY ATTORNEY WILL BE REVIEWING SOME OF THE PRIOR CURRENT YEAR LEGISLATIVE ACTIONS.

AND SO THEY KIND OF ENVELOPE AND WILL FLOW BETTER RATHER THAN REPEATING OURSELVES.

I THINK THAT'S THE ORDER. SO WE'LL JUST BE MOVING 13 H AHEAD OF 13 G.

THANK YOU. ANYTHING ELSE? COUNCIL. YES. COUNCIL MEMBER.

PENMAN. WHEN WE GET TO THE AGENDA, I'D LIKE TO PULL SEVEN A.

AND ARE THERE ANY OTHER CHANGES? MADAM MAYOR, JUST A CLARIFICATION. IT WAS AT PULLING SEVEN A YES.

THANK YOU FOR DISCUSSION. THANK YOU. AND I WANT TO PULL THE ELECTION WHICH IS SEVEN BE.

OKAY. QUICK CONVERSATION. MADAM MAYOR. WHEN YOU'RE APPROPRIATE, I'LL MAKE A MOTION.

YES, SIR. I MOVE TO APPROVE THE AGENDA WITH THE FOLLOWING EXCEPTIONS.

MOVING ITEM 13 H TO 13 G. PULLING SEVEN A AND PULLING SEVEN B OFF OF THE CONSENT AGENDA. I'D SECOND THAT. I HAVE A MOTION BY VICE MAYOR AND A SECOND BY COUNCIL MEMBER PETRINA.

ALL IN FAVOR? SIGNED BY. AYE. OPPOSED? THANK YOU.

COUNCIL. TODAY I HAVE A PROCLAMATION. IF I CAN INVITE CHIEF PENNINGTON AND DIANE CHRISTIANSEN UP THE FRONT.

[4.A. Proclamation for "Christensen Way". (Teresa Heitmann, Mayor)]

[00:05:17]

THE HARDEST THING AS A NEW MAYOR WAS LOSING A FIREFIGHTER TO COVID AND WATCHING THE DEVASTATION THAT HAPPENS WHEN THE FIREFIGHTERS OR THE POLICE AND FIRST RESPONDERS LOSE ONE OF THEIR OWN.

THEY'RE AN INCREDIBLE BROTHERHOOD. AND I THINK YOU CAN TELL BY HOW THEY STAY TOGETHER AND THEY PROTECT ONE ANOTHER. SO IT'S MY HONOR TO RECOGNIZE TONY, WHICH IS WHAT EVERYONE CALLED TONY.

WHEREAS ANTHONY TONY CHRISTENSEN HONORABLY SERVED THE CITY OF NAPLES AND ITS RESIDENTS FOR 22 YEARS AS A DEDICATED FIREFIGHTER WITHIN THE CITY OF NAPLES FIRE AND RESCUE DEPARTMENT, EMBODYING THE HIGHEST IDEALS FOR PUBLIC SERVICE, COURAGE AND PROFESSIONALISM.

WHEREAS THROUGHOUT HIS DISTINGUISHED CAREER, TONY DEMONSTRATED A CONSTANT COMMITMENT TO THE SAFETY AND WELL-BEING OF OTHERS, EARNING MULTIPLE LIFE SAVING AWARDS AND THE RESPECT OF THE ADMINISTRATION AND HIS COLLEAGUES AND CITIZENS AND THOSE LIVES HE TOUCHED. AND WHEREAS TONY WAS A DEVOTED LEADER AND TEAM MEMBER KNOWN FOR HIS INTEGRITY, HUMILITY AND WILLINGNESS TO ALWAYS LEND A HAND, MENTOR FELLOW FIREFIGHTERS AND SUPPORT THOSE WHO BOTH.

OFF DUTY AND ON DUTY. TONY'S SERIES EXTENDED BEYOND EMERGENCY RESPONSE.

HE WAS A COMPASSIONATE INDIVIDUAL WHO ROUTINELY WENT ABOVE AND BEYOND, OFFERING GUIDANCE, ENCOURAGEMENT AND EMPATHY TO ALL WHO CROSSED HIS PATH.

WHEREAS TONY, A LEGACY OF THE SECOND GENERATION FIREFIGHTER, IS ONE OF THE STRENGTH, DEDICATION AND SERVICE, A MODEL FIRST RESPONDER WHOSE COMMITMENT TO THE MISSION AND HIS TEAM LEFT AN INCREDIBLE IMPACT ON THE NAPLES FIRE DEPARTMENT AND THE BROADER COMMUNITY. WHEREAS, IN LASTING TRIBUTE TO HIS SERVICE AND SACRIFICE, THE CITY OF NAPLES IS UNDERTAKING THE PROCESS TO NAME AN ALLEY NEAR THE FIRE STATION AS CHRISTIANSEN WAY, ENSURING THAT HIS NAME, HIS LEGACY AND CONTRIBUTIONS REMAIN FOREVER A PART OF OUR COMMUNITY AND HIS HONORABLY SERVED.

WHEREAS THE CITY OF NAPLES RESPECTS THE AND REMEMBRANCE OF TONY FOR HIS EXTRAORDINARY CONTRIBUTIONS, LOYALTY AND HIS EMBODIMENT OF THE CITY'S VALUES AND DUTY, HONOR AND COMMITMENT.

THERE NOW FOR I, TERESA HEITMAN. BY VIRTUE OF THE AUTHORITY VESTED IN ME AS THE MAYOR FOR THE CITY OF NAPLES, TO HEAR PROCLAIM THAT THE CITY OF NAPLES RECOGNIZE AND COMMEMORATE HIS LIFE AND SERVICE AS A LEGACY.

ANTHONY TONY CHRISTENSEN, FIREFIGHTER LEADER AND DEDICATED PUBLIC SERVANT.

I ENCOURAGE ALL CITIZENS TO REFLECT ON HIS LIFE, HIS SELFLESS SERVICE AND DEDICATION.

LET CHRISTENSEN WAY STAND AS A LASTING TRIBUTE OF STRENGTH, COMPASSION, AND PROFOUND IMPACT THAT HE MADE AS FIREFIGHTERS. I'D ALSO LIKE TO RECOGNIZE HIS WIFE, WHO IS HERE WITH US TODAY, WHO WAS HIS PILLAR AND STRENGTH. AND PART OF HIS LAUGHTER.

SO I PRESENT YOU WITH THIS PROCLAMATION. THANK YOU.

IF YOU'D LIKE TO SAY ANYTHING, I JUST WANT TO THANK THE FIRE DEPARTMENT AND THE ENTIRE CITY OF NAPLES FOR CONTINUING TO HONOR MY PRECIOUS HUSBAND.

HE WAS SO HUMBLE. AND EVERY TIME SOMETHING LIKE THIS HAPPENS, I THINK HE WAS PROBABLY JUST UP THERE BEING AMAZED.

SO I JUST THANK YOU FROM THE BOTTOM OF MY HEART FOR THIS.

ABSOLUTELY. JUST A QUICK. JUST A QUICK WORD OF THANK YOU. THANK YOU, MAYOR, FOR I KNOW YOUR OFFICE REALLY HELPED PUSH US ALONG.

AND CHIEF ANDREW JOHNSON FOR TAKING THE INITIATIVE TO HELP GET THIS STARTED AND DOWN THE ROAD.

[00:10:02]

AND WE'D LIKE TO INVITE EVERYBODY OUT TO COME CELEBRATE THAT DAY WITH US.

SO THANK YOU VERY MUCH FOR EVERYBODY THAT'S HELPED WITH US GETTING THIS GOING.

THANK YOU. THANK YOU. THANK YOU.

THAT WAS.

OUR NEXT PROCLAMATION IS FOR NAPLES. NICE. IF I COULD HAVE EVERYONE COME FORWARD.

[4.B. Naples "NICE Day" Proclamation. (Teresa Heitmann, Mayor) ]

AND I CAN SEE. WHERE THE BEST. THOSE ARE IMPORTANT, RIGHT? THERE'S A STRUGGLE. I STAND RIGHT HERE. YES. SO IT'S MY HONOR FOR THIS PROCLAMATION.

AND TO. WHEREAS THE CITY OF NAPLES AND THE COUNTY CONTINUES TO GROW.

WE ESTABLISH AN UNWAVERING COMMITMENT AND PROMISE TO PRESERVE THE NATURAL BEAUTY AND CHARM THAT MAKES NAPLES A SPECIAL PLACE TO LIVE, WORK AND PLAY, INSPIRING EVERYONE TO BEHAVE WITH CARE AND KINDNESS AND PRESENT A PRESENT FOR THE FUTURE GENERATIONS.

WHEREAS ALL RESIDENTS ARE DEDICATED TO STAND OF ETIQUETTE AND COMMITMENT TO MENTOR OUR NEXT GENERATION WITH A HEART FULL OF NIGHTS TO ENSURE THE NEXT GENERATIONS OF STEWARDS WHO CARED DEEPLY FOR NAPLES.

WHEREAS WE BELIEVE IN BUILDING CHARACTER AND INTEGRITY WHILE FOSTERING LOVE IN OUR UNIQUE ENVIRONMENT, A MISSION TO CULTIVATE A COMMUNITY WHERE KINDNESS AND COMPASSION ARE NOT ONLY JUST IDEALS, BUT THEY ARE A WAY OF LIFE. WHEREAS THROUGH PARTNERSHIP, MENTORSHIP AND RELATIONSHIPS, WE ENSURE THAT OUR YOUNG PEOPLE ARE EQUIPPED TO BECOME RESPONSIBLE, CARING CITIZENS WITH A PROFOUND RESPECT FOR OUR BEAUTY, BEAUTIFUL BEACHES, ABUNDANT AGRICULTURE AND VIBRANT TROPICAL SURROUNDINGS.

AND WHEREAS IN THE WORLD THAT WE OFTEN FEEL DIVIDED, WE CHOOSE TO STAND UNITED IN OUR COMMITMENT TO NAPLES.

WE ARE CREATING A RESILIENT, CONNECTED COMMUNITY THAT NAVIGATES CHALLENGES WITH GRACE AND UNITY.

WE ARE SETTING A STANDARD OF CORE BELIEFS, VALUES, BEHAVIORS ALIGNED WITH OUR CITY VISION FOR OUR FUTURE.

WHEREAS WHILE EVERYONE MAY CHOOSE THEIR OWN PATH.

HERE IN A UNIQUE ENCLAVE, WE PROUDLY CHOOSE TO HAVE TO BE NAPLES NICE, CHERISHING HOW WE TREAT ONE ANOTHER AND OUR ENVIRONMENT TODAY AND ALWAYS. WHEREAS NAPLES NICE DAY SERVES AS THE OFFICIAL LAUNCH OF THE UNCEASING OBLIGATION TO PROMOTE A CULTURE OF RESPECT, FRIENDLINESS AND KINDNESS WITH NAPLES.

NICE ATTITUDE. THEREFORE, I, TERESA HEITMAN, ON BEHALF OF THE CITY OF NAPLES, DO HERE PROCLAIM AUGUST 18TH, 2025, AS NAPLES NICE DAY IN THE CITY OF NAPLES.

ENCOURAGE ALL RESIDENTS AND VISITORS TO OBSERVE THIS DAY BY TREATING EACH OTHER WITH GREATER KINDNESS, LOVE, EMBODYING EVERYTHING WE ARE WITH, WHERE PEOPLE ARE MORE THAN NICE.

WE ARE NAPLES NICE. AND THANK YOU, SIR, FOR YOUR EFFORTS.

I PRESENT THIS PROCLAMATION TO YOU. AND WOULD YOU LIKE TO SAY A FEW WORDS? SURE. THANK YOU. THANK YOU MAYOR. THANK YOU. COUNCIL.

YOU KNOW, WE STARTED THIS AS THE COUNTY AND THE CITY GROWS.

WE SEE A LOT OF CHANGES IN ATTITUDES. AND I THINK WE CAN ALL AGREE THAT, YOU KNOW, WE LOVE NAPLES TO BE A SMALL LITTLE BEACH TOWN.

AND I THINK THROUGH SETTING A STANDARD FOR THE PEOPLE THAT LIVE HERE AND THE GUESTS THAT ARE COMING WE HAVE AN ABILITY TO REALLY SET A STANDARD OF OF HOW WE TREAT EACH OTHER HERE IN TOWN.

[00:15:03]

SO WE'RE REALLY FOCUSED ON, YOU KNOW, KIDS AGES 13 THROUGH 18 TO MAKE SURE THAT WE'RE TRAINING THEM, MENTORING THEM TO, TO MAINTAIN OUR CULTURE HERE AT NAPLES.

AS WE GROW, WE WANT TO MAKE SURE WE PRESERVE THAT.

SO I WANT TO THANK THE COUNCIL AGAIN. AND THANK YOU, MAYOR. COULD YOU JUST TELL A LITTLE BIT ABOUT YOUR BACKGROUND AND YOUR SERVICE? YEAH. WELL, I'M I'M FROM BOSTON ORIGINALLY, BUT UNLIKE SOME AREAS OF THE COUNTRY, WE ASSIMILATE VERY WELL HERE.

BUT PRIOR TO THAT, I I AM A MARINE CORPS VETERAN, AND I'VE DONE TWO TOURS IN IRAQ.

I HAD A 20 YEAR CAREER IN INVESTMENT SERVICES.

AND LAST YEAR. THIS WAS THAT IMPORTANT TO ME? THAT I STOPPED MY PROFESSIONAL CAREER TO MAKE SURE THAT THIS IS MY MY MISSION NOW.

TO NOT ONLY TO TO REALLY TRAIN UP THE YOUNG KIDS PARTICULARLY IN THE MENTAL HEALTH AREA.

I SEE A LOT OF THAT WITH THE KIDS THAT WE DEAL WITH TODAY.

SO WE'RE IN A LOT OF THE SCHOOL SYSTEMS. WE HAVE VOLUNTEER CLUBS, AND WE JUST CONTINUE TO HOPEFULLY POUR INTO THAT NEXT GENERATION SO THAT, YOU KNOW, WHEN I'M 80 YEARS OLD ON THE BEACH, IT'S IT'S STILL AS PRISTINE AND BEAUTIFUL AS IT IS TODAY.

SO THANK YOU. THAT'S IT. THANK YOU. MAYOR. YEAH.

THANK YOU. THANK YOU. CONGRATULATIONS. ABSOLUTELY.

THANK YOU. THANK YOU. YEAH. YES, SIR. THANK YOU FOR DOING THIS.

THANK YOU. THANK YOU. APPRECIATE IT AGAIN. YEP.

THANK YOU FOR COMING. ARE YOU ALL FROM BOSTON? ARE YOU SURE I HEARD SOMETHING? YEAH. BOSTON AND NEW YORK.

STARTING A NEW PROGRAM. THAT'S IRONIC. I HEARD SOMETHING.

IT MUST BE SNOWING IN HELL. OH.

OKAY. THANK YOU. THAT'S CERTAINLY A GREAT WAY TO START OUR NEW SESSION OFF.

I HAVE WE'LL MOVE TO PUBLIC COMMENT, AND THERE ARE

[5. PUBLIC COMMENTS]

OUR FIRST PUBLIC SPEAKER IS SALLY PETERSON, FOLLOWED BY HEATHER TO CHORUS.

GOOD MORNING, GOOD MORNING, I'M SALLY PETERSEN.

I LIVE AT 376 FIRST AVENUE NORTH. HAPPY NEW YEAR.

I FEEL I SHOULD WISH YOU THIS BECAUSE THIS 1ST MAY BE PIVOTAL.

ONE WHEN IT IS CRITICAL THAT YOU, OUR CITY COUNCIL, OUR CITY LEADERS, TAKE CHARGE IN CHARTING OUR COURSE.

NOW MORE THAN EVER, IT'S IMPORTANT TO DEMONSTRATE YOUR COMMITMENT TO OUR CITY'S VISION AND TO THE CITIZENS OF NAPLES.

MAY I SUGGEST A NEW MANTRA? LOCAL VOICES, LOCAL CHOICES.

LOCAL RESIDENTS WANT THEIR VOICES HEARD. SO HERE ARE THREE OPPORTUNITIES FOR CITY COUNCIL TO LISTEN AND TO ACT.

FIRST, THE PROPOSED BUDGET. ACCORDING TO THE LETTER FROM THE CITY MANAGER, COMMUNITY INPUT WAS CONSIDERED DURING ITS DEVELOPMENT.

APPARENTLY THROUGH THE WORK OF RESIDENTS SERVING ON COMMITTEES AND ADVISORY BOARDS.

IF TRUE, MAY I SUGGEST A DIFFERENT, MORE INCLUSIVE AND EQUITABLE APPROACH? THE CITY OF NAPLES SHOULD MORE DIRECTLY ENGAGE NEIGHBORHOODS AND HOMES TO IDENTIFY THEIR OWN SPECIFIC BUDGET PRIORITIES, WHICH MAY BE DIFFERENT FOR EACH. FOR EXAMPLE, GULF SHORE BOULEVARD NORTH MAY WANT MORE FUNDING FOR BEACH RESTORATION.

OLD NAPLES MIGHT WANT MORE FUNDING TO ALLEVIATE NOISE AND TRAFFIC, WHILE RIVER PARK EAST MIGHT WANT MORE FUNDING FOR FLOOD PROTECTION.

CITY COUNCIL SHOULD INCLUDE THE COST FOR MORE COMPREHENSIVE AND NEIGHBORHOOD SPECIFIC COMMUNITY ENGAGEMENT IN THE NEXT BUDGET.

SECOND, THE COMP PLAN, THE PUBLIC IMPROVEMENT PLAN FOUND ON THE CITY WEBSITE, DETAILS A PROCESS FOR INCLUDING CITIZEN INPUT THROUGH COMMUNITY MEETINGS AND PUBLIC

[00:20:02]

IT WILL DEFINE THE SHAPE AND FEEL OF NAPLES FOR THE NEXT 20 YEARS.

IT NEEDS STRONG DIRECTION FROM CITY COUNCIL TO CLEARLY ESTABLISH YOUR TOP PRIORITIES, AND AMONG THEM SHOULD BE ADDING NEIGHBORHOOD MASTER PLANS BACK INTO THE PROCESS.

THIRD, HOW DO WE DEAL WITH SB 180? LET'S ASSUME WE COLLECTIVELY COME TO CONSENSUS ON A SIGNIFICANTLY REVISED COMP PLAN.

THEN WHAT HAPPENS? THE ABILITY FOR CITY COUNCIL TO ENACT ANY UPDATE IS THREATENED BY SB 180.

AND AS YOU KNOW, THIS BILL PREVENTS THE CITY FROM ADOPTING BURDENSOME AMENDMENTS TO OUR CODES, EVEN WHEN THOSE AMENDMENTS ARE DESIGNED TO PROTECT US FROM HURRICANES, TO IMPROVE RESILIENCY, AND TO UPHOLD THE CITY'S VISION OF SMALL TOWN CHARM AND CHARACTER.

LATER THIS MORNING, YOU'LL DISCUSS JOINING A LAWSUIT SEEKING RELIEF FROM SB 180.

I STRONGLY URGE NAPLES CITY COUNCIL TO EXERT YOUR LOCAL CONTROL BY LEADING THE EFFORT TO OVERTURN THIS WOLF IN SHEEP'S CLOTHING BILL NAPLES IS AT A TURNING POINT, AND OUR FUTURE DEPENDS UPON YOU PROTECTING HOME RULE AND TAKING ACTION IN THE BEST INTEREST OF NAPLES RESIDENTS.

LOCAL VOICES, LOCAL CHOICES. THANK YOU. THANK YOU.

I SUPPORT THAT. HEATHER TO CHORUS FOLLOWED BY MARK MCCLAIN.

YES. GOOD MORNING. HI. GOOD MORNING. I'M HEATHER TUCKER AND I LIVE AT 1115 CENTRAL AVENUE.

BUT I'M HERE TODAY TO SPEAK ON SCOTT SMITH'S BEHALF.

HE WISH HE COULD BE HERE, BUT HE IS OUT OF TOWN TODAY.

SO MY NAME IS SCOTT SMITH, AND I AM A FULL TIME RESIDENT OF THE CITY OF NAPLES AT 1111 CENTRAL AVENUE, ORIGINALLY FROM SAINT LOUIS, MISSOURI. ONE OF THE THINGS I LOVE ABOUT LIVING HERE IN THE CITY OF NAPLES IS BEING ABLE TO WALK FROM MY HOME TO THE MINI BAR, THE DISTRICT, THE ALLEY AND STAFF ONLY, AS WELL AS OTHER RESTAURANTS AND BUSINESSES IN THE DESIGN DISTRICT.

THIS WALKABLE ACCESS IS PART OF WHAT MAKES DOWNTOWN NAPLES SUCH A SPECIAL PLACE TO LIVE, AND I WANT TO SHARE MY EMPHATIC SUPPORT OF THE UPCOMING OUTDOOR DINING AND LIVING ENTERTAINMENT APPROVALS FOR THESE ESTABLISHMENTS.

AS A ROUTINE CUSTOMER OF THE MINIBAR, OFTEN WEEKLY, IF NOT MORE, I CAN SAY WITHOUT HESITATION THAT CHRISTOPHER LEE AND THE REST OF THE TEAM ARE INCREDIBLE. THE FOOD, INCLUDING THE NEW ENTREE MENU AND THE DRINKS ARE OUTSTANDING, AND THE OVERALL ATMOSPHERE IS UNMATCHED IN NAPLES.

THIS IS A UNIQUE CONCEPT THAT IS WARM, INVITING, AND CONTRIBUTES GREATLY TO THE VIBRANCY OF OUR COMMUNITY.

I ALSO GREATLY APPRECIATE THE NEW CUSTOMER LOYALTY PROGRAM THEY RECENTLY STARTED.

THE LITTLE THINGS OF GIVING BACK TO REGULARS AND LOCALS MAKE SUCH A WELCOMING DIFFERENCE.

ONE OF THE REASONS I DO NOT DINE AT DISTRICT SUSHI AS OFTEN AS I WOULD LIKE IS THE LACK OF OUTDOOR DINING.

THIS APPLICATION DIRECTLY ADDRESSES THAT BY OFFERING MORE VISIBILITY IN CREATING AN OUTDOOR DINING EXPERIENCE THAT SO MANY OF US RESIDENTS ENJOY AND VALUE.

OUTDOOR DINING HAS BECOME AN ESSENTIAL PART OF NAPLES LIFESTYLE, AND EXPANDING IT IN THE LOCATION WILL ONLY ENHANCE THE NEIGHBORHOOD'S APPEAL, I STRONGLY URGE YOU TO FULLY SUPPORT AND APPROVE THE LIVE ENTERTAINMENT AND OUTDOOR DINING PROPOSAL.

THESE ENHANCEMENTS WILL BENEFIT RESIDENTS, VISITORS, AND LOCAL BUSINESSES ALIKE AND WILL CONTINUE TO MAKE NAPLES A WELCOMING AND VIBRANT DESTINATION. THANK YOU FOR YOUR TIME AND CONSIDERATION.

THANK YOU. THANK YOU. MARK MCLAIN, FOLLOWED BY PATRICIA VALDES.

GOOD MORNING. GOOD MORNING, MADAM MAYOR AND COUNCIL.

I HAVE WITH ME TODAY MR. HARDING, WHO IS THE OWNER OF THE SUBJECT PROPERTY I'LL BE TALKING ABOUT TODAY.

I HAVE WITH ME ALSO PATRICIA VALDEZ, WHO IS OUR PROJECT ARCHITECT, AND EMILY SCHMUCK, WHO IS OUR PROJECT MANAGER.

THEY'RE GOING TO CEDE THEIR TIME TO ME SO I CAN MAKE THIS PRESENTATION TO YOU TODAY ON AFFORDABLE HOUSING AND WORKFORCE HOUSING.

I'VE PUT TOGETHER A QUICK PRESENTATION THAT I GAVE THE CLERK. I DON'T KNOW IF YOU WANT HARD COPIES OF IT, BUT I ALSO SEND IT TO DAVID.

IF YOU COULD, YOU KNOW, IF YOU WOULD BE OKAY WITH DAVID BRINGING THAT UP ON THE SCREEN, I CAN JUST PRESENT OFF OF THAT PRESENTATION.

BUT I DO HAVE HARD COPIES. IF YOU'D PREFER HARD COPIES.

HARD COPIES ARE FINE. IT WOULD HAVE BEEN NICE TO HAVE AT LEAST KNOWN ABOUT THIS BEFOREHAND.

I'M SORRY WE DIDN'T CONNECT. SO DAVID HAS A POWERPOINT? YES, MA'AM. OKAY, BUT. BUT I HAVE THE HARD COPIES HERE.

IF YOU'D PREFER THE HARD COPIES. AND I CAN WORK OFF THE HARD COPIES THE SAME.

ANYBODY OPPOSED TO THE SHOWING? THE SHORT VIDEO? IT'S NOT A. YEAH, IT'S JUST THE IT'S THE POWERPOINT PRESENTATION.

POWERPOINT. OKAY. YES, MA'AM. OKAY. DAVID, CAN YOU BRING THAT UP? THANK YOU. SIR. WHY I'M HERE TODAY IS WE HAVE A PROBLEM IN THE CITY WITH AFFORDABLE HOUSING.

OR SHOULD I SAY THE LACK OF AFFORDABLE HOUSING.

AND SOME OF THE WAY THIS GETS TRANSCRIBED IS THERE'S NO WORKFORCE HOUSING SECTION WITHIN OUR AFFORDABLE

[00:25:04]

82. WE ACTUALLY HAVE AN AFFORDABLE HOUSING SECTION WITHIN OUR CODE.

THE PROBLEM WITH IT IS, IS THAT IT HAS A DENSITY PROBLEM.

ONCE WE CAN CORRECT THE DENSITY PROBLEM, WE POTENTIALLY HAVE A PARKING ISSUE THAT COMES WITH THIS DENSITY ISSUE.

SO THE CORRECTION OR OUR ASK TODAY OF COUNCIL IS NOT TO CHANGE ANYTHING TODAY.

OUR ASK OF COUNCIL TODAY IS GOING TO BE INSTRUCT STAFF TO GO AHEAD AND LOOK AT THIS ISSUE TO ALLOW STAFF BASED ON SOME OF THE RECOMMENDATIONS I'LL MAKE TODAY, TO START TRYING TO MODIFY THE EXISTING CODE.

WE KNOW STAFF TIME IS LIMITED, BUT WE WOULD SOMEHOW LIKE SOME SORT OF TIME FRAME PUT TO THIS.

SO THE REQUEST I'D LIKE TO SHOW YOU TODAY IS THE SUBJECT PROPERTY IS 210 NINTH STREET NORTH.

NOW IT DOESN'T HAVE TO BE THAT SPECIFIC PIECE OF PROPERTY.

THIS COULD APPLY TO ANY COMMERCIAL PROPERTY WITHIN THE CITY OF NAPLES.

THE OVERLYING KNEE JERK REACTION TO EVERYBODY IS, WELL, YOU JUST LIVE LOCAL.

WELL, LIVE LOCAL DOESN'T WORK. SO I'M HERE TO SHOW YOU THAT A LITTLE BIT.

HOW LIVE LOCAL CAN AND CAN'T WORK, AND HOW WE CAN MAKE THINGS BETTER AS A CITY.

SO WHAT I HAVE ON THE SCREEN RIGHT NOW IS THAT PARTICULAR LOT 210 NINTH, IT'S IN THE DOWNTOWN ZONING DISTRICT.

AND BY RIGHT, I CAN COME IN HERE AND BUILD THIS UNIT, PUT SOME RESTAURANT ON 41, PUT SOME COMMERCIAL SPACE ON SECOND, AND THEN TURN AROUND AND PUT NINE CONDO UNITS IN THERE.

THAT'S THE DENSITY THAT'S ALLOWED IN THE DOWNTOWN IS 912 UNITS AN ACRE.

BUT THIS IS A THREE QUARTER ACRE LOT. SO I'VE GOT THREE QUARTERS OF AN ACRE THAT COME DOWN TO NINE UNITS.

DAVID, HOW DO I. THERE WE GO. WHEN WE GET TO THE SECOND AND THIRD FLOOR OF THIS BUILDING.

IT'S A TRADITIONAL BUILDING, LIKE SOME OF THE OTHER BUILDINGS WE'VE DONE HERE IN NAPLES, WHETHER IT'S 210 WEST OR STELLA.

A LOT OF THESE DIFFERENT BUILDINGS ARE TWO STORY OVER PARKING DOWNTOWN TYPE BUILDINGS.

WHAT WE WOULD HAVE TO DO HERE IS CREATE THE BLUE AMENITY SPACE ON THE SECOND FLOOR WITH A POOL, AND THEN THE YELLOW SPACE REPRESENTS THE CONDOMINIUMS. THAT WOULD GIVE YOU NINE CONDOS WITHIN THIS BUILDING.

NOW, THIS IS JUST A STANDARD LAYOUT THAT YIELDED ABOUT 24,000FT² OF SELLABLE SPACE.

BUT WE COULD MAKE THESE CONDOS BIGGER OR SMALLER.

WE COULD GO DOWN TO 20,000FT². WE COULD GO UP TO 30,000FT², BUT WE JUST AVERAGED SOMETHING OUT.

WHAT WE THINK COULD WORK FOR THIS CLIENT ON THIS PROPERTY.

SO IT BRINGS US TO OUR ISSUE. OUR ISSUE IS WE HAVE A DE DOWNTOWN THAT GIVES US 12 UNITS PER ACRE, THREE STORIES AND NO LOT COVERAGE ISSUE. SO THE CLIENT COMES IN AND SAYS, I WANT TO DO AFFORDABLE HOUSING.

LET'S USE LIVE LOCAL. WELL LIVE LOCAL SAYS THAT WE CAN USE ANY DENSITY WITHIN THE COMP PLAN AND ANY HEIGHT WITHIN A MILE OF THE SUBJECT PROPERTY. THIS PARTICULAR SUBJECT PROPERTY DOES TOUCH AN R3 18 ZONING DISTRICT, SO WE CAN TAKE THAT DENSITY OF R3 18 AND WE CAN TAKE THAT HEIGHT OF 75FT, WHICH WE ALL KNOW NOBODY WANTS A 75 FOOT TALL BUILDING IN A DOWNTOWN ZONING DISTRICT. BUT AGAIN, THE DENSITY DOESN'T WORK FOR US.

IF MY CLIENT CAN SELL NINE CONDOMINIUM UNITS AND MAKE MILLIONS OF DOLLARS SELLING THOSE UNITS, WHICH IS THE PROTOTYPICAL DEVELOPMENT PROGRAM IN NAPLES.

HOW CAN HE SWAP OUT OUR 318 STANDARDS AND DO 12 UNITS ON THE SAME THREE QUARTERS OF AN ACRE, BECAUSE AFFORDABLE HOUSING UNITS ARE NOT 2500.

OR 2800 SQUARE FOOT UNITS, THEY'RE TOO BIG TO BE AFFORDABLE.

SO YOU CUT THE SIZE DOWN. A STANDARD AFFORDABLE HOUSING UNIT IS BETWEEN 700 AND 50FT² FOR A ONE BEDROOM OR A LOFT UP TO ABOUT 1250FT² FOR A THREE BEDROOM AFFORDABLE HOUSING UNIT.

AT THOSE NUMBERS, LET'S JUST AVERAGE IT AT 1000FT².

IF THEY'RE ALLOWED 13 UNITS BASED ON THE R3 18, THEY GOT 13 1000 SQUARE FOOT AFFORDABLE HOUSING UNITS.

THAT'S ON SOME SORT OF RESTRICTED INCOME MATRIX.

AND IT WOULD JUST TAKE AN ETERNITY TO RECUPERATE THAT MONEY.

SO WHY DOES EVERYBODY DEVELOP FOR SALE CONDOS IN NAPLES? BECAUSE THAT'S WHERE THE MONEY IS. SO WE NEED TO OPEN UP A PATH TO ALLOW THESE DEVELOPERS TO BRING IN MORE AFFORDABLE HOUSING OR WORKFORCE HOUSING. AND THAT'S WHERE WE THINK THE CITY NEEDS TO GO, IS TO A WORKFORCE HOUSING MATRIX WITHIN CHAPTER 5682 THAT JUST SAYS THIS IS HOW YOU DO AFFORDABLE HOUSING. WE CAN WRITE A SECTION OF THE CODE THAT ALLOWS US TO DO WORKFORCE HOUSING.

OR THE OTHER OPTION THAT WE COULD HAVE THERE IS TO CREATE A FUTURE LAND USE WITH THAT FUTURE LAND USE.

WE COULD WRITE EXACTLY WHAT WE WANT FOR AFFORDABLE AND FOR WORKFORCE HOUSING.

SO LET'S GO BACK TO THE PRESENTATION A LITTLE BIT.

WHEN LIVE LOCAL FIRST CAME OUT, EVERYBODY SAID LIVE LOCAL FIXED EVERYTHING.

WE CAN TAKE DENSITY FROM ANYWHERE IN THE COUNTY.

[00:30:01]

AND THERE'S PUDS IN THE COUNTY, IN THE CITY THAT HAVE IMMENSE DENSITY.

SO WE CAME OUT AND WE DID THIS PLAN THAT I HAVE ON THE SCREEN NOW.

LIVE LOCAL SAYS YOU CAN'T HAVE COMMERCIAL LINEAR PROPERTY ON THIS GROUND FLOOR, WHICH IS NOT IN COMPLIANCE WITH WHAT DE DOWNTOWN WANTS.

WHEN WE GO TO THE SECOND THROUGH FIFTH FLOOR OF THIS BUILDING.

DAVID, CAN YOU GO TO THE NEXT PAGE? THERE WE GO.

THIS BUILDING COULD BE 75FT TALL PER THE DE DOWNTOWN, OR PER THE LIVE LOCAL.

SO I COULD DO FIVE STORIES, 16 UNITS PER FLOOR, PUT 64 UNITS IN THIS BUILDING, AND EVERYBODY WHO'S CHEERING LIVE LOCAL, FIXED EVERYTHING. WELL, WAIT A MINUTE. YOU COULDN'T PARK IT BECAUSE I CAN'T GET 120 PARKING SPACES ON THIS.

SO THEY WENT BACK AND THEY AMENDED LIVE LOCAL AND SAID THE LOCAL JURISDICTION IS ALLOWED TO MODIFY PARKING REGULATIONS FOR LIVE LOCAL.

WHICH KIND OF LEADS ME TO THE NEXT PROGRAM. THE NEXT PROGRAM IS.

OUR COMP PLAN HAS 56. 82 AFFORDABLE HOUSING. OUR 5682 AFFORDABLE HOUSING SAYS WE GO BY R3 12.

SO NOW WE'VE GOT AN EVEN MORE RESTRICTED DENSITY ISSUE, WHICH IN THE AFFORDABLE HOUSING OF OF 5682, THEY SAY WE CAN DO 16 UNITS AN ACRE. BUT AGAIN, I'M ON THREE QUARTERS OF AN ACRE, SO I'M DOWN TO 12 UNITS.

I'M EVEN LESS. SO, DAVID, IF YOU GO TO THE NEXT PAGE, IF I TAKE THE R3 12, I HAVE A LOT COVERAGE MATRIX.

IT SAYS I CAN'T EXCEED 25% OF THE LOT COVERAGE.

WELL, NOW I'M TRYING TO DO 13 UNITS IN A 25% LOT COVERAGE.

SO I HAVE TO CREATE THIS GIANT PARKING FIELD BEHIND MY BUILDING THAT'S NOT COVERED, THAT'S NOT UNDER COVER.

IT'S JUST AN OPEN PARKING FIELD BEHIND THE BUILDING.

AND THEN AS I MOVE UP THROUGH THIS BUILDING, IF I GO TO THE NEXT PAGE, THE UNITS ARE 1000 SQUARE FOOT UNITS.

SO I HAVE THIS TOWER. IT'S A FIVE STORY TOWER THAT'S GOT, YOU KNOW, 13,000 SQUARE FOOT UNITS IN IT.

AND THE COST BECOMES ASTRONOMICAL AGAIN, SAYING, WHY WOULD WE DEVELOP UNDER OUR CURRENT STANDARD? SO IF WE GO TO THE NEXT SLIDE, HERE'S WHAT OUR ASK IS.

IF WE TRY TO COMBINE THE BEST OF ALL OF THESE AND BUILD OUR OWN CODE, WE NEED TO CREATE A SLIDING SCALE FOR DENSITY.

IF WE CREATE THAT SLIDING SCALE WITH. AN EXAMPLE I'M USING HERE IS 40 UNITS AN ACRE FOR A PARCEL LESS THAN ONE ACRE.

SO I DON'T WANT TO GET CRAZY WITH SOMEONE'S GOT THREE ACRES AND THEY'RE GOING TO DO 120 UNITS.

BUT IF WE CREATE THAT SLIDING SCALE THAT SAYS 40 UNITS AN ACRE AND I GOT THREE QUARTERS OF AN ACRE, I'M STILL ONLY AT 30 UNITS. AND THAT'S WHAT THIS PROGRAM LAYS OUT.

BUT EVEN WITH THAT INCREASED DENSITY, WE STILL HAVE A PARKING ISSUE.

SO IF I GO TO THE NEXT PAGE ON THIS ONE, AS I MOVE UP THROUGH MY BUILDING WITH US CREATING OUR OWN MATRIX, WE CAN HONOR THE COMP PLAN. WE CAN SAY YOU HAVE TO STAY IN THE 42FT OF HEIGHT TO GET THIS DENSITY.

WE CAN OVERLAY THINGS LIKE IN THE WATER MANAGEMENT OF THIS PIECE OF PROPERTY.

WE HAVE TO EXCEED WATER MANAGEMENT BY 10% OR 20%.

WHAT THIS DENSITY ALLOWS US TO DO AT 40 UNITS AN ACRE, IS PUT 30 UNITS THAT ARE THOUSAND SQUARE FOOT, UNITS THAT ARE ACTUALLY ALMOST THE EQUAL SELLABLE SQUARE FOOTAGE THAT THE CLIENT COULD HAVE SOLD IN THE CONDO BUILDING.

SO IF YOU HAD 25,000FT² OF SELLABLE SQUARE FOOTAGE FROM THE CONDO BUILDING WITH THESE 30 UNITS THAT ARE LESS THAN 1000FT², I'M STILL AT 25,000FT² OF LEASABLE SPACE. THE WORKFORCE MATRIX WE CAN ALSO WRITE IS IF THE CLIENT THEMSELVES IS NOT PUTTING THEIR OWN EMPLOYEES IN THEIR WORKFORCE BUILDING, THEY HAVE TO CONSIDER ALLOWING FIRST RESPONDERS, CITY EMPLOYEES, TEACHERS. WE CAN WRITE THAT RIGHT INTO OUR CODE.

SO OUR ASK TODAY IS TO ALLOW STAFF TO WORK WITH THE CITY'S PROCESS, WHICH WOULD REQUIRE THEM TO COME BACK TO YOU TWICE SO THEY WOULD HAVE TO COME BACK FOR A FIRST READING AND A SECOND READING.

WE WOULD HAVE TO HOLD PUBLIC OPEN EVENTS FOR PEOPLE TO COME AND COMMENT ON THIS.

WE KNOW STAFF'S TIME IS LIMITED. AS AS AN EXAMPLE OF WHAT NHK HAS DONE.

WE WENT IN FRONT OF THE ETHICS BOARD TO GET A WAIVER TO WORK ON THE PIER.

WE HAVE A PLANNING STAFF AT NHK. WE COULD PUT THEM IN FRONT OF THE ETHICS BOARD TO HELP YOUR STAFF WRITE THIS, BUT AGAIN, YOUR STAFF WOULD HAVE FINAL SAY. THEY WOULD HAVE TO COME BACK TO YOU FOR FINAL VOTES, AND IT WOULD HAVE TO GO THROUGH THE CITY'S PROCESS.

BUT WE'RE ASKING TO GET A VOTE TODAY TO ALLOW STAFF TO START WORKING ON THIS WITH SOME SORT OF TIME CONSTRAINT, WHETHER IT'S I DON'T WANT TO SAY SIX MONTHS AND HAVE ERIKA RUN OUT HERE, MAYBE NINE MONTHS OR LESS THAN A YEAR TO COMPLETE THIS.

SO THAT IS OUR ASS TODAY, AND I'M AVAILABLE FOR QUESTIONS.

OKAY. THIS REALLY IS NOT THE TIME TO BE ASKING QUESTIONS.

[00:35:02]

BUT I THANK YOU FOR PRESENTING THIS. AND IF WE DO HAVE QUESTIONS, WE'LL OBVIOUSLY WELCOME YOU BACK.

THANK YOU VERY MUCH. THANK YOU. MR. MCCLAIN, THOUGH THE THE NEXT THREE SPEAKERS WERE YOUR TIME, CORRECT? YES, MA'AM. POWELL. DOES SCHMUCK. ANN PARTINGTON.

THANK YOU. THANK YOU. OKAY. I HAVE NO FURTHER PUBLIC COMMENT.

COUNSEL, BEFORE WE MOVE FORWARD THERE'S A LOT SETTING THE TONE TODAY.

BUT I REALLY WANTED TO SET THE TONE BY SHARING A FEW THINGS WITH YOU ABOUT THE STATE OF THE CITY.

[Additional Item]

AND WHAT STANDS OUT THE MOST TO ME IS THAT NAPLES SHOWS UP FOR NAPLES AND WE LISTEN.

WE ADAPT AND WE KEEP MOVING FORWARD. THAT'S WHY I'M PROUD TO SAY THAT THE STATE OF THE CITY IS RESILIENT.

WE'VE STOOD TOGETHER TO MAKE TOUGH DECISIONS WHILE KEEPING THE VALUES OF OUR CITY INTACT WITH EVERY IMPACT AND CHALLENGE.

THAT'S WHAT RESILIENCY LOOKS LIKE. I WANT TO TAKE A MOMENT TO THANK THE LEADERSHIP AND PARTNERSHIP THAT HAVE MADE OUR PROGRESS POSSIBLE. TO OUR NEW CITY MANAGER, THANK YOU FOR STEPPING IN TO THIS CRITICAL ROLE AND BRINGING YOUR EXPERTISE.

TS AND TO THE CITY ATTORNEY AND THE CITY CLERK, PAT MATTHEW MCCONNELL, FOR YOUR CONTINUED SERVICE AND DILIGENCE. WE WORKED VERY HARD THIS SUMMER ON MANY ISSUES OF THIS COUNCIL TO OUR DEDICATED COUNCIL MEMBERS. COUNCILWOMAN. PETRONAS. COUNCIL MEMBER.

PENMAN. COUNCIL MEMBER. KRAMER. COUNCILMAN. BARTON AND COUNCILMAN.

CHRISTMAN. AND VICE MAYOR. I APPRECIATE YOUR CONTINUED DEDICATION TO OUR COMMUNITY AND TO OUR RESIDENTS, VOLUNTEERS AND THEIR BOARDS AND COMMITTEES. I WANT TO THANK YOU FOR YOUR VOLUNTEERING AND APPRECIATE YOUR CONTINUED DEDICATION TO OUR COMMUNITY. TO OUR RESIDENTS WHO VOLUNTEER THEIR TIME, AND TO MOST IMPORTANTLY, I WANT TO THANK THE RESIDENTS IN THE CITY FOR YOUR VOICES THAT MATTER AND YOUR PRIORITIES THAT DRIVE THE WORK FOR THIS SESSION.

WE'RE ENTERING INTO A SESSION WITH CLARITY. NAPLES IS GROWING.

OUR REGION IS CHANGING, AND WE'RE CALLED TO LEAVE WITH FOCUS.

BUT AT THE CORE OF THIS IN THE CUTTING EDGE IS RED TAPE.

I AM COMMITTED TO CONTINUING TO TAKE A HARD LOOK WITH THE COUNCIL ON THE BOARDS AND THE PERMITTING PROCESSES THAT ARE WE ARE FACING RIGHT NOW AS STAFF ALIKE ARE FRUSTRATED AND THE DEVELOPERS AND THE RESIDENTS, NOT BECAUSE OF THE RULES THEMSELVES, BUT BECAUSE OF THE SYSTEM THAT SOMEHOW FEELS SLOW AND INEFFICIENT.

WE'RE AT THE RIGHT PLACE. THE PROCESS MUST WORK FOR THE PEOPLE THAT WE SERVE.

THIS SESSION, I'M COMMITTED TO WORKING WITH THE CITY MANAGER'S STAFF AND COUNCIL ON ANALYZING THE PERMITTING PROCESS.

SO IT SAVES TIME AND MONEY AND REMOVES THE UNNECESSARY BARRIERS WILL MINIMIZE THOSE STEPS, AND WE WILL EVALUATE OUR INTERPRETATIONS, AND WE WILL PUSH BACK AGAINST THE BUREAUCRACY THAT FAVORS COMPLEXITY OVER COMMON SENSE AND DISREGARDS OUR PUBLIC INTEREST. BUT THAT STARTS AND DOESN'T END HERE, BECAUSE MORE AND MORE OFTEN WE'RE SEEING THE DECISIONS THAT COME FROM TALLAHASSEE AND WASHINGTON AND THAT ARE OVERSTEPPING THEIR PLACE AND THE EGREGIOUS OVERREACH.

IT IS NOT THE ROLE IN THE STATE OF THE FEDERAL, STATE OR FEDERAL GOVERNMENT TO DICTATE NAPLES HOW THEY MANAGE ITS GROWTH, SAFETY AND IDENTITY. I WILL CONTINUE TO WORK TO BE AN ADVOCATE, TO DEFEND OUR HOME RULE BECAUSE WE KNOW WHAT WORKS FOR OUR COMMUNITY. NAPLES SHOULD BE FOCUSED ON ONE, NOT A ONE SIZE FITS ALL MODEL OF GOVERNANCE THAT IGNORES OUR HISTORY, OUR CHARM, AND OUR FUTURE. WE'RE CALLED TO BE STATE LEADERS TO.

WE CALLED ON OUR LEADERS AT THE STATE TO TAKE A HARD LOOK AT WHAT BURDENSOME MEANT.

BUT WE HAVE NOT HEARD BACK FROM THEM. WHETHER IT'S FEMA LEVEL DEVELOPMENT REQUIREMENTS OR PREEMPTION LAWS THAT HAVE THREATENED OUR ABILITY TO PROTECT FLOODING.

[00:40:04]

IN NOVEMBER, WE WILL ASK OUR RESIDENTS, POSSIBLY FOR $120 MILLION REFERENDUM THAT WILL INCREASE OR WE WILL USE TO OUR STORMWATER FEES TO BE INCREASED. THE LARGEST INFRASTRUCTURE INVESTMENT THAT THE CITY WILL MAKE IN OUR HISTORY, WHILE WE CONTINUE TO REPAIR OUR SEAWALLS, RESTORE THE STREETS AND PROTECT OUR COASTAL LINE.

COASTLINES. WE'VE ALREADY BEGUN. THE BEACH ENDS.

DAMAGED BY HURRICANE IAN AND MILTON ARE BEING REPAIRED.

THE OUTFALLS ARE UNDER RECONSTRUCTION, AND WE ARE MOVING AGGRESSIVELY TO ENSURE THAT NAPLES IS READY NOT ONLY FOR THE NEXT STORM, BUT THE NEXT GENERATION. NAPLES. ALSO, OUR DEDICATION TO CHANGE REFLECTS THE BROADER COMMITMENT TO LISTENING TO THE RESIDENTS AND MAKING THE DECISIONS THAT REFLECT THEIR VALUES.

BUT WE WON'T DO THIS ALONE. WE MUST WORK CLOSELY WITH COLLIER COUNTY AND THE STATE OF FLORIDA, ESPECIALLY WHEN IT COMES TO CLEANING UP OUR LAKES, STRENGTHENING OUR ENVIRONMENTAL PROTECTIONS, AND MAKING SURE NAPLES DOESN'T CARRY THE WEIGHT OF THE WATERSHED ALONE.

OUR RESIDENTS PAY BOTH CITY AND COUNTY TAXES, AND THEY DESERVE A GOVERNMENT THAT LISTENS TO THEM AND DISTRIBUTES FUNDING EQUITABLY.

WE'RE ALSO EVALUATING THE IMPACT OF MAJOR EVENTS ON OUR NEIGHBORHOODS TRAFFIC, QUALITY OF LIFE, AND THE SEASONAL TOURISM SURGES. WE ARE ACTIVELY BALANCING THE NEED FOR CELEBRATION, FOR THE CELEBRATION, WITH THE NEED FOR CALM, COMMUNITY ENTERING, PLANNING.

WE'VE ALSO RAISED PUBLIC SAFETY WAGES TO REMAIN COMPETITIVE AND ATTRACT THE BEST THAT WE SERVE IN OUR COMMUNITY.

WE'RE PROUD TO HAVE A THRIVING CULTURAL ECONOMY WITH THE NEWLY OPENED GULF SHORE PLAYHOUSE.

THE INCREDIBLE RENOVATIONS THAT RECENTLY WERE COMPLETED ACROSS THE STREET AT THE NAPLES PLAYERS AND THE FORMER VON LIEBIG CENTER.

TRANSFORMATION INTO THE NAPLES ART INSTITUTE.

THESE INSTITUTIONS ARE PILLARS OF THE ARTS, AND THEY ARE ALSO THE DRIVERS OF SMALL BUSINESS AND CONTRIBUTE TO OUR ECONOMIC ENGINE.

WHILE WE PROTECT OUR NEIGHBORHOOD IN CHARM, WE WILL ALSO INVEST IN VIBRANCY.

THIS IS WHAT WELL-BALANCED LEADERSHIP LOOKS LIKE FISCAL STEWARDSHIP, COMMUNITY FIRST POLICIES, AND SMART INVESTMENTS IN THE PEOPLE, INFRASTRUCTURE AND PROTECTION NAPLES REMAIN STRONG.

WE KNOW WHO WE ARE AND WE REFUSE TO LET THE OUTSIDE FORCES REDEFINE US.

WE'VE MADE GREAT STRIDES IN THE PAST AND WE WILL CONTINUE TO WORK AHEAD.

I'M LOOKING FORWARD TO WORKING WITH EACH ONE OF YOU, AND I THINK THAT I HAVE SHARED WHAT THIS BODY HAS BEEN COMMITTED TO, TO OUR COMMUNITY, AND WE'LL FOCUS THIS WITH INTEGRITY AND DELIVER THIS FOR OUR RESULT, FOR OUR RESIDENTS.

AND ALL I CAN SAY IS, MAY GOD BLESS US IN OUR CITY OF NAPLES BECAUSE WE ARE STARTING A NEW SESSION AND I KNOW WE ARE ALL READY TO GET TO WORK AGAIN AND ON BEHALF OF OUR CITY. SO THANK YOU FOR INDULGING ME.

I WANTED TO SHARE THAT WITH YOU BECAUSE I REALLY BELIEVE IT'S TIME TO SET THE TONE AS WE WORK TOGETHER.

SO WITH THAT, I'M GOING TO MOVE TO SETTING THE AGENDA.

[APPROVAL OF CONSENT AGENDA]

SECOND, I HAVE A MOTION BY COUNCILMEMBER CHRISMAN AND A SECOND BY VICE MAYOR.

ALL IN FAVOR? SIGNED BY I. AYE. OPPOSED. THANK YOU.

ITEMS THAT HAVE BEEN PULLED FROM THE CONSENT AGENDA IS ITEM TEN.

[10. ITEMS PULLED FROM CONSENT AGENDA (If Needed)]

THANK YOU, MR. MCCONNELL, AND GOOD MORNING. COUNCILMEMBER PENMAN, DID YOU WANT TO ASK QUESTIONS ON THIS OR HAVE THEM PRESENT THIS TO YOU? BUT I THINK THEY SHOULD PROCEED. AND I THINK THAT'S OKAY RELATIVE TO THIS PARTICULAR PROPOSAL.

[00:45:05]

GOOD MORNING. KATIE LOCKMAN WITH THE CITY OF NAPLES NATURAL RESOURCES DIVISION.

SO THIS IS AN UPDATE, A FIVE YEAR UPDATE TO A REPORT THAT HAS BEEN CREATED IN THE PAST.

AND THIS IS LOOKING AT OUR ESTUARINE DATA. IT ENCOMPASSES MOORINGS BAY, NAPLES BAY AND THE GORDON RIVER.

TAKING ALL THAT ESTUARINE DATA. SYNTHESIZING IT.

HAVING A ROBUST STATISTICAL ANALYSIS DONE ON IT.

DETERMINING TRENDS. ARE WE SEEING THINGS GETTING WORSE OR BETTER, AND HOW DOES THAT TRANSLATE TO WHAT WE'RE SEEING IN OUR SEAGRASS BEDS, AS WELL AS OUR FISHERIES DATA THAT WE ALSO CONDUCT.

SO IT'S COMPILING ALL OF THE ENVIRONMENTAL PROGRAMS THAT WE CONDUCT INTO A GREATER REPORT, SO THAT WE CAN SEE HOW EVERYTHING IS INTERCONNECTED WITH ONE ANOTHER.

AND SOME OF THE TRENDS THAT WE'RE SEEING IN THIS DATA.

SO THIS IS THE FIVE YEAR UPDATE OF THAT REPORT.

MY PEERS HERE ARE MY CONCERNS. RELATIVE EMBEDDED IN THE REPORT IS A REFERENCE TO THE HARVEY HARBOR METHODOLOGIES. THE HARBOR METHODOLOGIES WERE VERY, VERY CONTROVERSIAL IN THAT BASICALLY HARVEY HARPER SUGGESTED THAT WETLANDS WERE NET POLLUTERS, NOT NET CLEANERS. SO THEREFORE I DON'T HAVE MUCH CONFIDENCE. QUITE FRANKLY, I THINK IT'S HIGHLY CONTROVERSIAL.

I'D LIKE, I THINK, FOR STAFF TO TAKE ANOTHER LOOK AT THAT PARTICULAR METHODOLOGY AND DECIDE WHETHER OR NOT YOU WANT TO LEAVE THAT IN THIS PARTICULAR PROPOSAL. COUNCIL MEMBER CAN YOU JUST IN THIS REPORT WHERE YOU'RE REFERRING TO. WHAT SECTION HARPER WAS.

HARPER WAS RIGHT ON THE FIRST PAGE. ALMOST AS I RECALL.

WELL, IF YOU WANT TO PROCEED, I CAN. WE CAN ALWAYS GET BACK TO IT.

SO IT IS DEFINITELY REFERRED TO IN NEW HARPER STATE.

NO, BUT STAFF, YOU'RE FAMILIAR WITH WHAT SHE'S REFERRING TO.

YEAH. IN THIS REPORT. I DO KNOW THE METHOD SHE'S REFERRING TO.

I'M JUST NOT SURE IN THE SCOPE WHERE THAT'S MENTIONED.

OKAY, I CAN I CAN GET BACK TO THAT, SO. I CAN GET BACK TO IT.

IT'S IN HERE. SORRY. YES. MR. YOUNG? NO, I'LL DEFER TO THEM TO IDENTIFY EXACTLY WHERE.

IF IT'S IN THERE, WHERE IT'S AT. I DIDN'T HAVE ANYTHING TO ADD THAT THERE.

I'M OKAY. RIGHT. I'M JUST FOR IT MYSELF FOR DISCUSSION PURPOSES.

WE JUST NEED TO BE ABLE TO UNDERSTAND WHERE COUNCIL MEMBER CONCERNS ARE AND HAVE STAFF ADDRESSED THAT.

OKAY. SO WE CAN GET BACK TO THIS LATER. I'LL FIND IT.

SORRY, I SHOULD HAVE IDENTIFIED IT IN HERE. THIS WAS READING AND WENT OFF THE GRID.

I'LL GET BACK TO IT. THANK YOU. WELL SO. YES.

COUNCIL, DID YOU HAVE QUESTIONS OR COMMENTS? YES.

VICE MAYOR. WELL, THANK YOU, MADAM MAYOR. KATIE AND THE OTHER FOLKS THAT PUT THIS TOGETHER.

I APPRECIATE THE WORK THAT IS BEING COMPLETED ON THIS.

THIS IS ABOUT WATER QUALITY. ON SEVEN A IT'S AN UPDATE, DEVELOPMENT AND UPDATE OF A SURFACE WATER QUALITY AND BIOLOGICAL ANALYSIS REPORT. AND SO I WANTED TO BE CLEAR IN READING THE MATERIALS.

YOU TALK ABOUT THREE CONTINUOUS DATA SONDE LOCATIONS, LOCATIONS.

SO TO BE CLEAR, WHEN WHEN WE DO THESE WATER QUALITY SAMPLING AND ANALYSIS, WE'RE USING HISTORICALLY THE SAME LOCATIONS ACROSS WHEREVER WE'RE TESTING SO THAT WE HAVE A GOOD GRASP ON WHAT IS CHANGING. IS THAT CORRECT? SO THOSE LOCATIONS I DO HAVE THE LONGER TERM DATA SETS.

THEY IN PREVIOUS REPORTS HAVE BEEN PARSED OUT TO ENSURE THAT THOSE LONG TERM LOCATIONS ARE BEING LOOKED AT IN THE GREATEST LENGTH OF TIME THAT WE HAVE.

[00:50:08]

SO, OKAY. AND I WAS JUST A LITTLE BIT. I WANTED FOR CLARIFICATION.

THREE CONTINUOUS DATA ON STATIONS. ARE WE ONLY LOOKING AT THREE STATIONS FOR THIS OR MUCH MORE? SO THE MONTHLY GRAB SAMPLES THAT WE DO THAT UNDERGO LAB ANALYSIS ARE NINE STATIONS THROUGHOUT THE GORDON RIVER AND NAPLES BAY.

THE CONTINUOUS DATA SIGNS ARE A MORE RECENT ADDITION THAT WERE PUT IN PLACE FOR A KIND OF A TEMPORARY PROGRAM.

WHEN WE DID, WE COMPLETED OUR OYSTER RESTORATION INITIATIVE LAST YEAR.

SO WE HAD ONE DATA SIGN THAT WAS DEPLOYED FOR THAT PURPOSE, AND THEN WE HAD TWO MORE ADDED.

SO WE'VE COLLECTED SEVERAL DATA YEARS WITH THESE SIGNS.

AND SO THAT THAT WAS A KIND OF A FINITE COLLECTION USING THOSE SONGS.

AND THAT'LL BE INCLUDED IN THE REPORT. OKAY. SO WE WE BROUGHT ONLINE.

WHAT I THINK I JUST HEARD YOU SAY IS WE BROUGHT ONLINE A FEW NEW LOCATIONS, AND WE'RE GOING TO ANALYZE DATA OVER A PERIOD OF TIME. WE DON'T HAVE THOSE ESTABLISHED TO IDENTIFY A TREND YET.

IS THAT RIGHT? THEY WERE DEPLOYED FOR SEVERAL YEARS.

SO USUALLY WHEN YOU'RE LOOKING AT TRENDS, YOU'RE LOOKING AT FIVE OR MORE YEARS OF DATA.

OKAY. SO REALLY THE FOCUS FOR THE TRENDS OVER TIME ARE GOING TO BE THE LONGER TERM SITES THAT WE'VE HAD IN PLACE.

SINCE SOME HAVE BEEN IN PLACE SINCE 2011, SOME BEFORE THAT.

SO THOSE ARE GOING TO BE THE PRIMARY SITES FOR THE LONGER TERM DATA ANALYSIS.

AND KATIE WHEN I FIRST JOINED COUNCIL, I READ A REPORT THAT TALKED ABOUT THREE SPECIFIC AREAS OF THE BAY THAT WERE COMING UNDER ATTACK WHERE WHERE WE HAD LOST SIGNIFICANT PERCENTAGE WISE, CERTAIN SIGNIFICANT PORTIONS OF WHAT REALLY HELPS CLEAN WATER.

DO YOU REMEMBER THOSE THREE AREAS? I BELIEVE IT WAS.

GO AHEAD. I BELIEVE YOU'RE TALKING ABOUT THE LOSS OF MANGROVE SEAGRASS AND OYSTERS.

SO THE THE PERCENTAGES OF LOSS WAS SIGNIFICANT.

DO YOU REMEMBER THOSE? THEY WERE BETWEEN 80 TO 90%, 80 TO 90% FOR OUR COMMUNITY AND THOSE ON COUNCIL.

AND THAT REPORT IS AVAILABLE, AND MANY OF US KNOW OF THESE PERCENTAGES, BUT WE'RE COMING FROM A PLACE WHERE SIGNIFICANT DAMAGE HAS BEEN DONE TO THIS BODY OF WATER, DAMAGE TO AREAS THAT SIGNIFICANTLY CONTRIBUTE TO CLEAN WATER, CLEANER WATER.

AND THAT'S THE OYSTER BEDS. WAS IT THE SEAGRASS, I BELIEVE, AND THE MANGROVES.

SO THE AND THAT'S WHAT THIS THIS IN SEVEN A THE WORK THAT WE'RE DOING AROUND WATER QUALITY WILL IMPACT THOSE AREAS. RIGHT. IF WE'RE YES, WE ESSENTIALLY LOOK AT THE FISHERIES DATA AND THE SEAGRASS DATA AS RESPONSE VARIABLES TO WHAT'S HAPPENING WITH THE WATER QUALITY. OKAY. MY FINAL MY FINAL QUESTION IS THIS.

THIS IS TALKING ABOUT SURFACE WATER QUALITY. I WANT TO CONFIRM THAT WHEN WE TALK ABOUT OUR LAKES, OUR WATER RETENTION LAKES AROUND THE COMMUNITY WE HAD DISCUSSIONS ABOUT LAKES EIGHT AND NINE, WHICH ARE ALSO KNOWN AS NORTH LAKE AND SOUTH LAKE.

THE WATER QUALITY ANALYSIS THAT'S PART OF SEVEN A DOES OR DOES NOT INCLUDE WATER QUALITY ANALYSIS IN OUR LAKES. THAT'S A QUESTION.

SO WHERE IS THE LAKES? ANALYSIS IS A SEPARATE EFFORT.

THIS IS GOING TO INCORPORATE UPLAND SOURCES LIKE THE LAKES AND OTHER INPUTS COMING INTO THE WATERWAYS.

SO IT WILL ENCOMPASS THOSE DATA SETS IT. IT WILL INCLUDE THE DATA SETS OF LAKES.

IT WILL BE LOOKING AT IF THERE'S ANY HOTSPOTS OR AREAS OF INPUT COMING INTO THE WATERWAYS.

SO IT WILL INCLUDE UPLAND COMING THIS WAY, COMING INTO THE ESTUARINE SYSTEM.

YES. OKAY. ALL RIGHT. THANK YOU, MADAM MAYOR.

THAT'S ALL I HAVE. SO THAT BRINGS A QUESTION TO YOU.

IS THAT ALSO FROM THOSE ESTUARIES FLOWING FROM THE COUNTY?

[00:55:07]

FIND AND SEEK AND FIND. SO THIS DOES INCLUDE TESTING THAT ARE IN THE TRIBUTARIES COMING INTO, YOU KNOW, FROM EASTERN COLLIER. SO HALDERMAN CREEK, WE HAVE A SITE IN HALDERMAN CREEK, ROCK CREEK.

AND THEN THERE'S ALSO DATA FOR THE GOLDEN GATE CANAL.

SO ALL OF THAT WILL BE INCLUDED IN THE REPORT AND LOOKED AT AS INPUTS, COMING IN TO SEE IF WE'RE CONSISTENTLY SEEING HIGHER INPUTS IN CERTAIN AREAS THAT ARE CONTRIBUTING TO POLLUTANTS IN THE BAY.

SO THAT'S GOOD. I KNOW WE'VE BEEN DOING THAT, BUT HOW ARE WE GOING TO ADDRESS THE INFORMATION? HOW ARE WE GOING TO UTILIZE THE INFORMATION THAT WE RECEIVE FROM THIS? SO AS AN EXAMPLE, AFTER THE LAST REPORT, WE INITIATED A RATHER LARGE OYSTER RESTORATION PROJECT.

SO OVER THE LAST SEVEN YEARS WE'VE CREATED OVER 33 NEW OYSTER REEFS IN NAPLES BAY AND THEN ONE UP INTO THE GORDON RIVER.

SO WE'RE IN THE MONITORING PHASE OF THAT RIGHT NOW, AND WE HAVE SEEN HUGE SUCCESS WITH THE RECRUITMENT AND THE AND THE BUILDING OF THESE NEW REEFS IN NAPLES BAY AND REGAINING SOME OF THAT HABITAT AND WATER QUALITY FILTERING CAPACITY OF THE, THE OYSTERS. SO THAT'S, THAT'S ONE EXAMPLE OF, OF HOW WE, WE REALLY NEEDED TO USE THIS DATA TO ADDRESS WATER QUALITY IN NAPLES BAY.

AND THE OYSTER RESTORATION EFFORT HAS BEEN A HUGE SUCCESS.

OKAY. YEAH. THANK YOU. ANY ANY ELSE ANY OTHER FURTHER COMMENTS? OKAY. COUNCIL MEMBER PENMAN. YEAH. THANK YOU FOR, SO IT'S UNDER WATERSHED.

ON PAGE THREE. LAND USE AND LAND COVER WILL BE OBTAINED FROM THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT, AND SOILS INFORMATION WILL BE OBTAINED FROM THE USDA.

YOU CAN ACTUALLY GO ON SPECIFIC INFORMATION RELATED TO EVENT MEAN CONCENTRATIONS, RUNOFF COEFFICIENTS, AND OR LAND USE SPECIFICS LOADING RATES. TETRA TECH WILL USE THAT INFORMATION.

IF NOT, THESE DATA WILL BE GATHERED FROM FLORIDA SPECIFIC SOURCES SUCH AS HARPER STUDIES.

THE HARPER STUDIES WERE VERY CONTROVERSIAL, BOTH INSOFAR AS THE DEP WAS CONCERNED AND THE EPA, IN THAT HIS ORIGINAL PREMISE WAS THAT WETLANDS ARE GROSS POLLUTERS, NOT CLEANERS.

SO AS I UNDERSTAND IT, THE HARPER METHOD WAS SORT OF DISCOUNTED AFTER A CERTAIN PERIOD OF TIME FOR EXACTLY THAT REASON.

DEP THEN INTERFACED. THEY DID THEIR OWN STUDIES AND IN FACT FOUND THAT THAT NATURAL WETLANDS WERE BASICALLY CLEANING UP WATER. THEY WERE NOT GROSS POLLUTERS. SO I'M CONCERNED ABOUT TETRA TECH USING THE HARPER METHOD.

AND WE CAN COORDINATE WITH TETRA TECH ON ON WHAT RUNOFF COEFFICIENTS THEY'RE PLANNING ON USING, AND IF AND IF THOSE UPDATED STUDIES THAT YOU'RE REFERENCING WOULD SUFFICE FOR.

AND THAT'S, THAT'S JUST TO GET A HANDLE ON WHAT LAND USE IS AROUND, YOU KNOW, WITHIN NAPLES TO, TO OBTAIN THOSE RUNOFF COEFFICIENTS AND THEIR, THEIR SET COEFFICIENTS FOR PER THE LAND USE THEY'RE TRYING TO ESTIMATE.

SO WHEREAS THAT'S A PART OF THE REPORT, THE THE STAR OF THE SHOW IS GOING TO BE THE DATA THAT THE CITY COLLECTS AND, YOU KNOW, THE SEAGRASS, THE FISHERIES DATA. SO WE CAN CERTAINLY TOUCH BASE WITH THEM HOW THEY'RE PLANNING ON USING THE HARPA STUDY AND IF IT'S EVEN NECESSARY, IF WE COULD HAVE CLARIFICATION ON THAT.

AND COUNCIL AGREES. OF COURSE, I WOULD APPRECIATE KNOWING HOW THEY ARE GOING TO USE THAT, SINCE THIS PARTICULAR METHOD HAS BEEN CONTROVERSIAL THROUGHOUT THE YEARS. YOU CAN FOLLOW UP ON THAT.

OKAY. NOT OKAY WITH COUNCIL I HAVE CHRIS WANTED TO SHARE SOMETHING.

YEAH. I MEAN, JUST TO FOR PURPOSES OF MAKING A DECISION HERE, I'D GO EVEN A STEP FURTHER.

I'M, I'M GENERALLY BEEN AWARE FOR YEARS OF THIS CONTROVERSY AROUND HARPER AND, AND IN SOME OF HIS WORK, AND I DON'T KNOW THE DETAILS OF IT, AND I DON'T KNOW ENOUGH TO HAVE AN OPINION, BUT I KNOW IT'S EXTREMELY CONTROVERSIAL IN THE FIELD,

[01:00:02]

SO WHY DON'T WE JUST APPROVE THIS WITH, WITH THE STIPULATION THAT THE WORK THAT WE'RE GOING TO BE CONTRACTING FOR WILL NOT INCLUDE ARPA RELATED METHODOLOGIES AND CONTRIBUTIONS.

AND IT SOUNDS FROM STAFF AND FROM READING THIS THAT IT WAS GOING TO BE A SECONDARY SOURCE OF OF, OF RESEARCH OR STUDY ANYWAY. WHY DON'T WE JUST STIPULATE THAT WE DON'T WANT THAT TO BE PART OF IT? AND AND YOU CAN MOVE ON IF WE CAN GET THIS APPROVED AND GET IT UNDERWAY, BECAUSE IT'S AN IMPORTANT PIECE OF WORK FOR THE CITY IN TERMS OF UNDERSTANDING WHERE WE STAND WITH WATERFALL. I MEAN, THE OVERALL STUDY IS THAT OF MOTION.

WELL, I DON'T KNOW ANY MORE. ONE MORE QUESTION ON THIS.

YOU KNOW, I LIKE THE IDEA OF US ADDING THE OYSTER BEDS, AND WE SPOKE ABOUT THIS YESTERDAY.

BUT CAN YOU TALK? I THINK A LOT OF THE SOURCES THAT THAT ARE GOING TO HAPPEN ARE OUT OF OUR CITY LIMITS.

THEY'RE COMING FROM THE COUNTY. SO CAN YOU TALK A LITTLE BIT IF YOU'RE GOING TO BE GETTING THIS DATA BACK WITH, WITH YOU KNOW, PROBLEM AREAS? WHAT WHAT ACTIONS DO WE TAKE AS STAFF TO HAVE IT ADDRESSED UPSTREAM WITHIN THE COUNTY AND HOW HOW YOU WORK TO TO FIX SOME OF THESE SO THAT WE HAVE LESS NEED FOR OYSTER BEDS BECAUSE WHAT WE'RE RECEIVING IS CLEANER.

SO THESE RESULTS ARE SHARED WITH THE COUNTY. AND, AS AN EXAMPLE, AFTER THE LAST REPORT YOU KNOW, FOR EXAMPLE, WE SAW HALDERMAN CREEK AS A HOTSPOT FOR COPPER INPUTS INTO THE BAY.

AND SO ONE OF THE THINGS THE POLLUTION CONTROL DEPARTMENT THAT WE WORK CLOSELY WITH, THEY WILL UNDERGO SOURCE TRACKING STUDIES AND WORK UPSTREAM, AND THEY SHARE THOSE RESULTS WITH US.

AND IF THEY COULDN'T FIND ANYTHING CONCLUSIVE, THAT MIGHT BE WHAT THEY RELAY TO US.

OR IF THEY FOUND A CERTAIN ENTITY AND A SOURCE, THEN THEY WOULD ADDRESS IT.

SO WE'RE WE WE COMMUNICATE BACK AND FORTH AS TO WHAT SOURCES THEY'RE FINDING AND WHAT WE'RE FINDING DOWNSTREAM.

AND OBVIOUSLY, THERE'S PROBABLY A LOT MORE ABOVE US AND OTHER DEPARTMENTS THAT CAN COORDINATE WITH THE COUNTY AS WELL FOR OTHER ISSUES, WHETHER IT BE WATER TREATMENT OR, YOU KNOW, OTHER THINGS IN THE WATERSHED.

BUT WE DO WORK CLOSELY WITH THE POLLUTION CONTROL THAT MONITORS UPSTREAM TO SEE HOW WE CAN ADDRESS SOME OF THESE SOURCES.

OKAY. AND YOU AND THEY TAKE ACTION ON YOUR RECOMMENDATIONS OR, YOU KNOW, DO YOU NEED HELP FROM COUNSEL IS, YOU KNOW, HOW DO WE MAKE THAT CHANGE UPSTREAM IF THOSE ARE THE YOU KNOW, THOSE ARE THE POLLUTANTS.

WHERE CAN WE HELP YOU? WELL, I MEAN, MY UNDERSTANDING IS ADVANCED WASTEWATER TREATMENT IS IS THE DIRECTION TO GO WITH HAVING, YOU KNOW, THAT TOP TIER OF TREATMENT PRIOR TO REACHING THE ESTUARY.

SO THAT MIGHT BE SOMETHING THAT THAT COULD HELP US.

SO TRY TO INFLUENCE THE COUNTY TO UPGRADE THEIR SEWAGE TREATMENT.

I'VE HEARD PAST DISCUSSIONS ABOUT THAT. SO THAT'S ONE AREA THAT SEEMS LIKE IT WOULD BE A GOOD DIRECTION.

OKAY. THANK YOU. YES. COUNCILMEMBER BART TOUCHED ON BOTH OF THOSE POINTS THAT WE'VE NOW DISCUSSED.

FIRST OF WHICH, THE CONCERN FROM COUNCILWOMAN PENMAN IN REFERENCE TO THE HARVEY HARBOR STUDIES, IT SEEMS TO ME YOU GUYS, PLEASE CORRECT ME IF I'M WRONG. IT SEEMS TO ME THAT THIS PARAGRAPH SUGGESTS THAT IF WE DON'T HAVE DATA, THAT WE'RE GOING TO GO USE HARVEY HARBOR SOURCE FOR DATA.

AND I THINK THE CONCERN HERE, WHICH IS WHICH SOUNDS LIKE IT'S LEGITIMATE. AND I WILL TELL YOU RIGHT NOW, I AM UNAWARE OF THE CONCERN, BUT BASED ON WHAT WE'VE SAID HERE TODAY, THERE WAS SOMETHING CONTROVERSIAL ABOUT HOW THIS HARVEY HARBOR STUDY EVALUATED THEIR DATA.

SO IF WE'RE ONLY CONCERNED WITH GETTING DATA FROM A SOURCE BECAUSE WE DON'T HAVE THE DATA OURSELVES, WHICH IS WHAT I'M READING IN THAT PARAGRAPH, I WOULD SIMPLY SUGGEST THAT WE USE A DIFFERENT SOURCE OTHER THAN HARVEY HARBOR.

I'M SURE THERE ARE OTHER SOURCES OUT THERE FOR DATA.

AGAIN, IF WE DON'T COLLECT THE DATA OURSELVES, WE'RE GOING TO USE SOME TYPE OF RESOURCE THAT WE HAVE AVAILABLE FOR THE DATA POINTS, AND WE SHOULD JUST PROBABLY USE SOMEONE OTHER THAN THIS HARVEY HARBOR SOURCE, BECAUSE I'M SURE THERE ARE OTHER SOURCES THAT ARE THAT ARE EQUALLY

[01:05:05]

THIS PARTICULAR PARTICULAR ONE, I THINK PROBABLY I'M WRONG.

IS HE THE ONLY PLACE TO GET THE DATA THAT WE NEED? OKAY. OR HE OR WHATEVER THIS, THIS THIS SOURCE.

SO GREAT. LET'S USE A DIFFERENT SOURCE. IF THIS IF THIS SOURCE WAS WAS CONTROVERSIAL, LET'S FIND ONE THAT'S NOT IN REFERENCE TO THE THE WATERSHED ISSUE FROM THE STANDPOINT OF WHAT'S COMING FROM THE COUNTY.

WHAT WE NEED TO DO IS WE NEED TO GET THIS DONE SO THAT WE CAN BE ARMED WITH THE DATA NECESSARY TO TURN AROUND AND GO TALK TO THOSE THAT ARE THAT ARE SENDING STUFF OUR WAY AND SAY, HEY, HERE'S OUR DATA. WE NEED TO DO THIS.

SO I COMPLETELY AGREE THAT WE NEED TO WE NEED TO BE PREPARED TO HAVE A SERIOUS DISCUSSION WITH WITH OUR WITH OUR PARTNERS HERE IN THE COUNTY.

BUT OBVIOUSLY WE NEED TO GET THIS DATA. WE NEED TO GET THIS FINISHED SO THAT WE HAVE THE DATA NECESSARY TO GO HAVE A AN EDUCATED DISCUSSION WITH OUR FRIENDS TO THE EAST. SO AND AGAIN, IF ANY OF THAT WAS INACCURATE, PLEASE FIRE AWAY.

CORRECT ME IF I'M WRONG WITH ANYTHING. THANK YOU.

NO, I THINK THAT, YOU KNOW, EVERYBODY'S ON BASE, AND THAT'S FINE.

WE'LL GLADLY DISCUSS WITH THE CONSULTANT TO STRIKE THAT USE OF THAT METHODOLOGY FROM THE STUDY GOING FORWARD.

OKAY. VICE MAYOR. YEAH. THANK YOU. I JUST FOLLOWING ON TO SOME OF THIS DISCUSSION.

SO APPARENTLY THIS HARPER DATA WE'RE USING WHATEVER METHODOLOGY THIS HARPER PROCESS INVOLVES THERE'S SOME CONTROVERSY AROUND IT. IF WE ELIMINATE USING THE HARPER DATA, WHAT OBSTACLES DOES THAT PROVIDE FOR WHAT WE'RE TRYING TO DO? AND DOES IT INVOLVE ADDITIONAL COST IN A WORKAROUND? IN OTHER WORDS, IF THE COUNTY IS USING IT UPLAND TO ANALYZE WATER AND WE DON'T USE THE SAME METHODS, JUST SOMEBODY NEEDS TO ASK AN OPEN ENDED QUESTION ABOUT WHAT WHAT ARE THE OBSTACLES THAT WE'RE GOING TO FACE, AND DOES IT INVOLVE EXTRA EXPENSE? AND IF SO, WHAT IS THAT? WELL, AND THAT'S WHY I SUGGESTED THAT WE COULD HAVE A CONVERSATION WITH TETRA TECH, BECAUSE WE DON'T KNOW TO WHAT DEGREE THEY'RE LOOKING TO INTEGRATE THOSE RESULTS FOR THE EVENT MEAN CONCENTRATION CALCULATIONS.

SO THERE'S CERTAINLY OTHER THINGS ENCOMPASSED IN THE HARVEY HARPER REPORT.

AND SO I DON'T KNOW IF THERE'S, THERE'S PIECES THAT WOULD BE COMFORTABLE BEING USED VERSUS SO I WOULD REALLY HAVE TO HAVE A DISCUSSION WITH TETRA TECH IN TERMS OF HOW IT'S USED TODAY AND HOW THEY WOULD USE IT SPECIFICALLY FOR THIS STUFF.

KNOWING YOUR ANSWER JUST SAID THERE'S SOME UNKNOWNS.

IF IT WAS THE WILL OF COUNCIL TO TABLE THIS ITEM AND NOT MAKE A DECISION TODAY UNTIL THE STAFF COMES BACK WITH MORE INFORMATION, WHAT OBSTACLES WOULD THAT BRING TO YOU AND WHAT WE'RE TRYING TO ACCOMPLISH? WELL, TIME FRAME, TIME FRAME WISE, THIS IS TO BE ENCUMBERED FOR THIS FISCAL YEAR.

SO WE'RE WE'RE WITHIN A TIME CRUNCH FOR THIS IN TERMS OF GETTING THIS SOLIDIFIED AND GETTING THE FUNDS ENCUMBERED.

SO CAN I I HAD THE SAME CONCERN AND I JUST WANT TO I'VE BEEN INVOLVED IN A LOT OF RESEARCH.

YOU CAN YOU CAN HAVE DATA COLLECTION AND DATA ANALYSIS AND CONCLUSIONS ARE ENTIRELY SEPARATE ISSUES.

AND SO HE COULD HAVE A REALLY BAD ANALYSIS BUT HAVE REALLY GOOD DATA COLLECTION AND PROCEDURALS, HIS METHODS. I'M JUST SAYING SO I DON'T I DON'T WANT TO PULL THE BABY OUT WITH THE BATHWATER.

SO I THINK WE CAN TRUST STAFF TO SAY, LOOK, IF IT'S JUST ABOUT DATA COLLECTION AND THAT WE'RE USING THAT GUY'S WAY OF COLLECTING DATA AND THEN WE'RE ASSESSING, AND I THINK THAT'S ENTIRELY POSSIBLE, IS IT NOT, KATIE, THAT ALL.

IN OTHER WORDS, HIS CONCLUSIONS. WE'RE NOT EVEN DEALING WITH HIS CONCLUSIONS.

WE'RE JUST DEALING WITH MAYBE A PROCESS THAT THAT THIS, THAT HE USED IS ALSO IT COULD BE INDUSTRY STANDARD AS FAR AS WE KNOW.

AM I CORRECT IN THAT? WELL, AND I DON'T EVEN KNOW TO WHAT DEGREE THIS WOULD BE INTEGRATED BECAUSE WE DON'T HAVE A LOT OF NATURAL WETLANDS WITHIN THE CITY THAT THEY'RE GOING TO BE INCORPORATING.

SO I DON'T EVEN KNOW TO WHAT DEGREE THIS IS EVEN MIGHT NOT EVEN IMPACT US.

SO I THINK WE COULD MOVE THIS FORWARD AND TRUST STAFF THAT IF IF IT DOES HAVE A BIG IMPACT, THEN GET BACK TO US OR THEN TELL THE FOLKS WE DON'T WANT THAT PART OF OUR PROGRAM.

[01:10:03]

THAT'S WHAT THAT'S WHAT I WAS HOPING AND I WOULD I WOULD SUPPORT THAT.

JUST LETTING THE SUBJECT MATTER EXPERTS. YOU'VE HEARD THE CONCERNS AND JUST MAKE SURE WE DON'T GET OVER OUR SKIS AND USING THE WRONG PROCESSES. IS WRONG. THE HARPER METHOD OR WHATEVER THIS IS.

YEAH, I HAVE A I HAVE THE STUDY RIGHT HERE AND I'LL BE GLAD TO SHARE THIS WITH YOU.

SO YEAH. THANK YOU, MADAM MAYOR. I THINK I'VE LEARNED ENOUGH.

THANKS. SO DO I HAVE A MOTION? I'LL MAKE A MOTION THAT WE APPROVE THIS WITH THE UNDERSTANDING THAT STAFF WILL REVIEW WITH THE CONSULTANT TETRA TECH. THE ISSUES THAT HAVE BEEN RAISED AROUND THE HARPER STUDIES AND METHODOLOGIES AND AND AND ENSURE THAT OUR STUDY OR EXCUSE ME, OUR THE WORK BEING CARRIED OUT UNDER THIS SCOPE DOES NOT INCLUDE EITHER DATA COLLECTION OR DATA ANALYSIS.

THAT MIGHT BE THAT MIGHT BE COUNTERPRODUCTIVE IN TERMS OF WETLANDS PRODUCTION.

SECOND, OKAY, I HAVE A MOTION BY COUNCILMEMBER CHRISTMANN AND A SECOND BY COUNCIL MEMBER BARTON.

I'M ALL IN FAVOR. SIGNED BY I OPPOSED. THANK YOU.

IT WAS A GOOD DISCUSSION. DEFINITELY WOULD HAVE BEEN SOMETHING THAT WE NEEDED TO DISCUSS.

SO THANK YOU. COUNCIL MEMBER KINMAN. THAT TAKES US TO SEVEN BE BEING PULLED.

MR. MCCONNELL. SO, MAYOR, I DON'T KNOW IF THERE'S FOUR RESOLUTIONS HERE.

I DIDN'T KNOW IF THERE WAS ONE SPECIFIC YOU WANTED TO DISCUSS, BUT SINCE IT WAS PULLED, I AM EVENTUALLY GOING TO HAVE TO READ THE TITLES OF ALL FOUR. AND WE'RE GOING TO HAVE TO HAVE FOUR SEPARATE MOTIONS. OKAY.

SORRY. NO. NO WORRIES. I JUST DIDN'T KNOW IF YOU WANTED TO START WITH THE ONE THAT YOU HAD QUESTIONS ABOUT.

MY ONLY QUESTION WAS THE THANK YOU. MRS.. WELL, YEAH, I'M JUST GOING TO READ THEM ALL FOR YOU.

THANK YOU. SORRY. A RESOLUTION DESIGNATING PATRICIA EL RAMBO, CITY CLERK, AS CHIEF ELECTION OFFICIAL FOR THE CITY OF NAPLES GENERAL ELECTION ON FEBRUARY 3RD, 2026, AND PROVIDING AN EFFECTIVE DATE. A RESOLUTION APPOINTING A CITY ELECTOR TO THE CANVASING BOARD FOR THE CITY OF NAPLES.

GENERAL ELECTION OF FEBRUARY 3RD, 2026 AND PROVIDING AN EFFECTIVE DATE.

A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT FOR ELECTION SERVICES WITH COLLIER COUNTY AND THE COLLIER COUNTY SUPERVISOR OF ELECTIONS FOR SERVICES AND THE USE OF VOTING AND BALLOT TABULATION EQUIPMENT IN CONJUNCTION WITH THE CITY OF NAPLES. GENERAL ELECTION TO BE HELD ON FEBRUARY 3RD, 2026.

AUTHORIZING THE MAYOR TO EXECUTE THE INTERLOCAL AGREEMENT AND PROVIDING AN EFFECTIVE DATE.

IS THAT THE ONE? DO YOU WANT TO THANK YOU? I HAVE ONE MORE.

YES. A RESOLUTION AUTHORIZING AND APPROVING THE USE OF THE COLLIER COUNTY VOTING AND BALLOT TABULATION EQUIPMENT FOR THE CITY OF NAPLES.

GENERAL ELECTION TO BE HELD FEBRUARY 3RD, 2026, AND PROVIDING AN EFFECTIVE DATE.

THANK YOU. MR. MCCONNELL. SORRY, COUNSEL. THIS IS THE ONLY THING THAT I WAS DISCUSSING WITH THE CLERK IS THE FACT THAT THERE WILL NOT BE. PARDON? EARLY VOTING. THANK YOU. AND I JUST WANTED TO MAKE SURE THAT WE ARE AWARE OF THAT THAT THAT WAS IN IT. SHE BROUGHT IT TO MY ATTENTION.

AND I THINK IS IF COUNCIL IS OKAY WITH THE FACT THAT WE'RE NOT DOING EARLY VOTING AND I'LL LET MRS. RAMOS EXPLAIN WHY, AND GOOD DECISION FOR NOT DOING EARLY VOTING.

SO IN NEGOTIATING THIS AGREEMENT WITH THE COUNTY SUPERVISOR OF ELECTIONS, I ASKED FOR AN AGREEMENT.

AND THE LAST TIME WE DID AN AGREEMENT IN 2022, IT INCLUDED EARLY VOTING.

AND SHE SAID, BASED ON THE NUMBERS, I'M NOT GOING TO PREPARE AN AGREEMENT FOR YOU FOR EARLY VOTING.

SO I SAID, THAT'S FINE. AND WE WENT BACK TO THE NUMBERS.

AND DURING EARLY VOTING IN 2022, WE HAD 100 ABOUT 100 VOTES DURING AN EIGHT DAY PERIOD. WE HAD THREE TIMES AS MANY VOTES DURING THE VOTE BY MAIL BALLOT PROCESS, AND THE VOTE BY MAIL BALLOT PROCESS IS BE ALMOST BECOMING THE NORM.

TODAY IT'S IT'S EASY FOR PEOPLE TO ASK FOR. IT'S ALMOST LIKE EVERYTHING WE DO IN THE CITY.

[01:15:04]

SO THAT'S WHY VOTE BY MAIL BALLOTS ARE BECOMING A LOT MORE POPULAR.

YOU DON'T NEED TO BE HERE. IT'S TAKEN ON A DIFFERENT CONNOTATION BECAUSE BEFORE IT USED TO BE AN ABSENTEE BALLOT AND YOU WOULD ONLY REALLY GET IT UNLESS YOU WEREN'T ABLE TO BE HERE TO VOTE, BUT IT'S BECOME WAY MORE POPULAR.

SO THEN ON ELECTION DAY WE DID HAVE ACTUALLY MORE IN ONE DAY COME TO VOTE THAN WE DID FOR THE WHOLE EARLY VOTING PERIOD. SO THAT'S WHY THE COST FACTOR WAS ALSO AN ISSUE, BECAUSE, REMEMBER, 1100 VOTES AND THE ADDITIONAL COST TO HOLD EARLY VOTING WOULD BE $45,000.

THAT'S NOT PRESENTED HERE TO YOU TODAY. AND I THINK THAT'S WHY ALSO THE MAYOR WANTED TO BRING IT TO EVERYONE'S ATTENTION, BECAUSE THAT $55,000 FIGURE FOR THE ELECTION WOULD THEN GO TO 99,000.

CORRECT. BUT YES, AND THAT'S PERFECTLY SAID. AND IT REALLY WAS JUST TO MAKE SURE THAT WE ALL KNEW THAT THERE WASN'T GOING TO BE EARLY VOTING BECAUSE SOMEONE IN THE COMMUNITY MIGHT ASK I DIDN'T KNOW IF YOU ALL HAD HAD REALIZED THAT.

SO WITH THAT, I DON'T I HAVE NO OTHER ISSUES UNLESS COUNCIL HAS OTHER CONCERNS ABOUT THAT.

WHAT, PETRINA, WHAT PERCENT OF EARLY VOTING WAS THERE IN THE LAST ELECTION WHERE WE HAD IT? WHAT WAS THE PERCENTAGE OF TOTAL? SO THE TOTAL VOTES WERE AROUND 6000 AND WE HAD 1000, APPROXIMATELY 1000 DURING EARLY VOTING.

OKAY. BECAUSE SOME OF THE I MEAN, JUST I TALKED TO YOU ABOUT IT.

SO LESS THAN 20%. YEAH. WELL 17% 1526. YEAH.

JUST BECAUSE SOME OF THE FEEDBACK THAT I'VE RECEIVED, I DON'T KNOW IF YOU'VE RECEIVED THAT, THAT AS WELL AS SOME PEOPLE ARE, THEY ARE MISTRUSTFUL OF MAILING IT IN.

AND IF AND YOU KNOW, IF THEY'RE OUT OF TOWN THAT DAY, THAT'S THEIR ONE SHOT TO BE IT.

DO IT IN PERSON. AND THERE'S AN ALTERNATIVE TO AND I KNOW THAT THAT'S A CONCERN, BUT THE SUPERVISOR OF ELECTIONS OFFICE HAS A BALLOT BOX IN THEIR OFFICE THAT IT CAN BE RETURNED ANYTIME, RIGHT, TO THEIR OFFICE.

AND THEY ALSO HAVE A DRIVE THROUGH BOX RIGHT ON THE SIDE OF THEIR BUILDING.

SO IT'S TWO SECURE OPTIONS THAT THEY COULD JUST DRIVE THROUGH AND PUT IT INTO OTHER THAN WAITING FOR ELECTION DAY.

OKAY. OR TRUSTING THE MAIL. THAT SEEMS LIKE A REASONABLE ALTERNATIVE WHERE WE WOULD LIKE TO GET MORE COMMUNICATION OUT TO THE PUBLIC DURING THIS NEXT ELECTION CYCLE MORE THAN WE EVER HAVE. SO WE'LL BE PUTTING LITTLE TIPS LIKE THAT IN OUR NEWSLETTERS AND COMMUNICATIONS TO THE PUBLIC AS WELL.

OKAY. THANK YOU. THANKS. I YES, COUNCILMAN PARTNER.

I THOUGHT THE COMMUNICATION WAS IS WHAT I WAS GOING TO BRING UP. I PERSONALLY PREFER EARLY VOTING.

THAT'S WHAT I ALWAYS DO. THERE'S NO LINE I'D WALK IN AND WALK OUT, BUT MAYBE I'M A DINOSAUR AND I'M OKAY WITH THAT AND I WILL ADAPT AND OVERCOME.

BUT LET'S JUST MAKE SURE THAT WE INUNDATE FOLKS WITH WITH OPTIONS AS FAR AS GETTING IT DONE.

IF THAT IS NOT GOING TO BE AN OPTION, LET'S MAKE SURE THAT THE COMMUNICATION IS THERE AND EVERYBODY IS FULLY AWARE OF HOW HOW THEY CAN VOTE THAT DAY OR DROP OFF BALLOTS IF THEY DON'T LIKE THEM TO PUT IT IN THE MAIL, WHICH I UNDERSTAND BECAUSE OUR US POSTAL SERVICE SEEMS TO GET MORE UNRELIABLE ON A ON A YEARLY BASIS, BUT SO I GET THAT AS WELL. SO LET'S JUST MAKE SURE THAT WE DO SIGNIFICANT AMOUNTS OF COMMUNICATION SO THAT THE PUBLIC IS AWARE.

THANK YOU. GOOD COMMENT, VICE MAYOR. SORRY. OH YEAH.

JUST REAL QUICKLY. YOU USE THE NUMBER 45,000 TO ACCOMMODATE EARLY VOTING.

RIGHT. I THINK THAT'S COMING FROM THE SUPERVISOR OF ELECTIONS.

YES, I HAD. I HADN'T HAD A CHANCE TO ASK THIS QUESTION OF YOU, BUT ARE THERE EXPENSES THAT ARE BEING INCURRED BY THE CITY CLERK'S OFFICE DURING EARLY VOTING THAT ARE NOT IN THAT 45,000? SO IT'S JUST 45,000? AND I THINK YOU SAID ABOUT 1100 VOTERS, RIGHT? CORRECT. SO CLOSE TO $41 PER VOTE DURING THAT EARLY VOTING.

AND I THOUGHT, WELL, WHAT'S THE AVERAGE OUT THERE? AND IT'S AS LOW AS $2 AND AS HIGH AS $15 NATIONALLY.

SO WHEN WE START TALKING ABOUT $41, AND I THINK WE HAVE TO REMAIN OPEN TO THE FACT THAT THERE ARE EXTENUATING CIRCUMSTANCES WHERE EARLY

[01:20:06]

WE'VE NEVER HAD IT BEFORE. WE HAD IT IN 2022, SO THAT THAT WAS A FIRST.

AND WE DIDN'T WE WEREN'T ABLE TO GET OUT A LOT OF COMMUNICATION AT THAT TIME THAT WE EVEN HAD EARLY VOTING, BECAUSE WE DIDN'T HAVE A COMMUNICATIONS OFFICE THAT WORKED WITH THE COMMUNITY AND GOT OUR NEWSLETTER.

SO IT WAS VERY LIMITED ALSO IN THAT COMMUNICATION.

SO WE'RE HOPING TO PUT TOGETHER A BIG PROGRAM.

MONIQUE AND I ARE ALREADY WORKING TOGETHER ON A PLATFORM, SO SO I WANTED TO CLOSE WITH THAT, THAT COUNCILMAN BARTON HAD MENTIONED COMMUNICATION.

AND I THINK EVERYONE AGREES THAT COMMUNICATION IS KEY.

AND YOU'RE JUST NOW REFERENCING THAT YOU'RE WORKING PROACTIVELY, UNDERSTANDING THAT COMMUNICATION IS KEY, AND GOING TO REALLY PUT FORTH AN EFFORT TO GET INFORMATION TO THE COMMUNITY ABOUT EARLY VOTING AND FOR THEM TO RECEIVE INFORMATION. PEOPLE ARE WATCHING RIGHT NOW.

THEY CAN SIGN UP FOR NEWSLETTER. DO YOU RECALL HOW TO GET THAT? IF YOU'RE A MEMBER OF VOTING MEMBER OF THIS COMMUNITY, HOW DO THEY ENSURE THAT THEY'RE GOING TO GET COMMUNICATION ON THIS SUBJECT? I MET WITH MONIQUE YESTERDAY, AND WE ALREADY GOT THE VOTER REGISTRATION LIST FOR THE VOTERS OF THE CITY OF NAPLES, AND WE'RE GOING TO BE WORKING ON PUTTING OUT A NEWS BLAST TO ALL OF OUR REGISTERED VOTERS.

THAT'S IN OUR PLAN. WE'RE PUTTING TOGETHER A MULTI-TIERED PLATFORM KIND OF THING, WHERE WE'RE GOING TO BE PUTTING OUT DIFFERENT TIPS AT DIFFERENT TIMES.

MUCH APPRECIATED. SO THANK YOU, MADAM MAYOR. I GUESS I'LL WAIT.

I HAVE AND THEN WE'LL CONCLUDE WITH PAT CHERNOFF.

THANK YOU. VICE MAYOR, I HAD THE SAME QUESTION.

RELATIVE TO THE GLACIAL PACE AND DISTRUST OF THE MAIL SYSTEM, THE SUPERVISOR DOES HAVE DROP BOXES.

CAN WE HAVE A DROP BOX IN CITY HALL? I DON'T THINK THAT WE CAN.

ACCORDING TO STATE LAW. OKAY. AND IT PROBABLY WOULD BE PUTTING TOO MUCH RESPONSIBILITY ON THE CITY TO DO THAT FOR EMPLOYEES, BUT NOT ME. CORRECT. OKAY. AND I DON'T LIKE THE LIABILITY OF OF HAVING TO MANAGE SOMEONE'S VOTES PERSONALLY.

JUST CURIOUS, AND I'M GLAD TO KNOW THE ANSWER MAY BE POSSIBLE, BUT I WOULD SUGGEST AGAINST IT RIGHT NOW.

GREAT. I JUST WAS CURIOUS AS TO THE ANSWER. THANK YOU.

OKAY. MINE WAS THE SAME QUESTION AS YOURS. BUT I YOU KNOW, I DO THINK WE SHOULD LOOK AT HAVING SOMETHING IN THE CITY BECAUSE IT IS, YOU KNOW, THEY ARE THEY WE'RE FORCING PEOPLE, IF THEY ARE HABITUAL EARLY VOTERS, TO LEAVE THE CITY LIMITS AND WIND AROUND, YOU KNOW, BY THE AIRPORT, FIND THE THE SUPERVISOR OF ELECTIONS.

IT WOULD YOU KNOW, THIS IS OUR ELECTION. THIS IS OUR CITY'S ELECTION, AND IT'S NOT THE COUNTY'S ELECTION.

JUST KEEP IN MIND AND I DIDN'T WANT TO MAKE THIS CONTROVERSY ALL.

I JUST REALLY WANTED THIS TO BE A PUBLIC DISCUSSION.

SO THE PUBLIC WAS AWARE OF OF THE DECISION THAT HAS BEEN MADE, AND THAT IS THAT IT WOULD COST THE CITY 45,000.

YEAH. WHAT I'M SUGGESTING IS THAT WE DO TAKE ON THE INCREMENTAL LIABILITY AND HAVE A, HAVE A BOX YOU KNOW, ALLOW THEM TO VOTE WITHIN THE CITY LIMITS FOR A CITY LIMIT ELECTION.

I IF I UNDERSTOOD MISS RAMOS CORRECTLY, WE CAN'T HAVE A BOX THAT WOULD I DIDN'T I THOUGHT THAT IT WAS IF SHE WAS NOT SURE IF WE COULD AND THAT THERE WERE POSSIBLY INCREMENTAL LIABILITY.

DOING IT IT JUST TO ME IT'S JUST ODD. IT'S SORT OF LIKE, YOU KNOW, US GOING UP TO BONITA SPRINGS TO GO, YOU KNOW, CAST OUR VOTE. SO IT'S IN A DIFFERENT JURISDICTION, I UNDERSTAND.

AND THERE ARE MAYBE A HANDFUL OF CITIES THAT STILL HANDLE THEIR OWN ELECTIONS AND DON'T CONTRACT WITH THE SUPERVISOR OF ELECTIONS OF THE COUNTY.

I THINK IF WE WERE HANDLING OUR OWN ELECTION, I THINK IT WOULD BE DIFFERENT, BECAUSE ELECTION LAWS ARE VERY, VERY SPECIFIC. WHICH IS WHY I REVIEWED THE INTERLOCAL AGREEMENT.

WE CAN LOOK INTO IT. BUT EVEN THEN, EVEN IF IT'S POSSIBLE, I THINK MY SUGGESTION WOULD BE THE SAME, BUT I'M HAPPY TO LOOK INTO IT. I JUST THINK THERE'S A REASON WE'RE CONTRACTING WITH COLLIER COUNTY FOR THIS.

THEY'RE THE ONES RESPONSIBLE FOR COUNTING, FOR TABULATING, FOR DOING ALL OF THOSE THINGS.

AND THE MOMENT YOU OPEN THE DOOR, SOMEONE COULD SAY, HEY, MY VOTES DIDN'T MAKE IT, OR IT JUST CREATES A LOT OF UNNECESSARY QUESTIONS IN THIS

[01:25:06]

I'M JUST SAYING FOR THE FOR THIS PIECE, I MEAN, WE HAVE A COUNTY EMPLOYEE THAT WORKS HERE RIGHT IN THE, YOU KNOW, AND THAT DOES THE REGISTRATIONS. SO WE DO HAVE, YOU KNOW, DIFFERENT PEOPLE WORKING IN DIFFERENT AREAS.

I'M JUST TRYING TO THINK LIKE A, LIKE OUR CUSTOMER AND OUR RESIDENT WANTS TO VOTE WITHIN THIS.

YOU KNOW, IT'S IT'S ONLY NATURAL THEY WOULD ASSUME THAT THEY CAN VOTE WITHIN THEIR CITY LIMITS.

WELL WE DO AND THEY WILL ONE DAY. THEY WILL ELECTION DAY.

YEAH. SO IN MADAM MAYOR, JUST A FINAL COMMENT ON THIS.

IN LOOKING AT STATE LAW, IT DOES SAY THAT DROP BOXES OR BALLOT SECURE BALLOT INTAKE STATIONS ARE TO BE CONTINUOUSLY MONITORED BY AN EMPLOYEE OF THE SUPERVISOR OF ELECTIONS OFFICE.

SO THAT'S A PREREQUISITE AND SOME OF THE THINGS THAT WE WOULD BE DEALING WITH.

THANK YOU. MADAM MAYOR, DO YOU WANT TO SWITCH CHAIRS FOR THE DAY? NO, JUST.

NO, NOT AT ALL. I'M HAPPY TO MAKE A MOTION IF WE'RE IF THE DISCUSSION IS COMPLETE.

DO WE HAVE FOUR? JUST TO REMIND YOU, WE HAVE FOUR.

WELL, I WAS JUST ABOUT TO ASK THAT QUESTION, SO IT'S NOT ONE MOTION. IT'S GOT TO BE FOUR MOTIONS.

YES. OKAY. SO I'LL MAKE A MOTION TO APPROVE A RESOLUTION DESIGNATING PATRICIA RAMBUS, CITY CLERK, AS CHIEF ELECTION OFFICER FOR THE CITY OF NAPLES GENERAL ELECTION FEBRUARY 3RD, 2026 AND PROVIDING AN EFFECTIVE DATE.

SECOND, I HAVE A MOTION BY COUNCILMEMBER KRISEMAN AND A SECOND BY VICE MAYOR.

ALL IN FAVOR? SIGNED BY I A CLOSED. THANK YOU.

PASSES UNANIMOUSLY. SECOND, I'LL MAKE A MOTION TO APPROVE A RESOLUTION APPOINTING A CITY ELECTOR TO THE CANVAS AND BOARD FOR THE CITY OF NAPLES. GENERAL ELECTION FEBRUARY 3RD, 2026. AND PROVIDING AN EFFECTIVE DATE.

SECOND, HAVE A MOTION BY COUNCIL MEMBER KRISEMAN AND A SECOND BY COUNCIL MEMBER PENNIMAN.

ALL IN FAVOR? SIGNED BY I. AYE. OPPOSED. THANK YOU.

COUNCIL. THIRD, I'LL MAKE A MOTION TO APPROVE A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT FOR ELECTION SERVICES WITH COLLIER COUNTY AND THE COLLIER COUNTY SUPERVISOR OF ELECTIONS. FOR SERVICES IN THE USE OF VOTING AND BALLOT TABULATION EQUIPMENT IN CONJUNCTION WITH THE CITY OF NAPLES.

GENERAL ELECTION OF FEBRUARY 3RD, 2026 AND AUTHORIZING THE MAYOR TO EXECUTE THE INTERLOCAL AGREEMENT AND PROVIDE AN EFFECTIVE DATE.

SECOND, I HAVE A MOTION BY COUNCIL MEMBER KRISEMAN AND A SECOND BY COUNCIL MEMBER PENMAN.

ALL IN FAVOR SIGNED BY I. I'M OPPOSED. NAY. LET THE RECORD REFLECT THAT COUNCIL MEMBER PETRONAS DISSENTING AND FOURTH HOUR. MAKE A MOTION TO APPROVE A RESOLUTION AUTHORIZING AND APPROVING THE USE OF THE COLLIER COUNTY VOTING AND BALLOT TABULATION EQUIPMENT FOR THE CITY OF NAPLES.

GENERAL ELECTION TO BE HELD ON FEBRUARY 3RD, 2026 AND PROVIDING AN EFFECTIVE DATE.

SECOND, I HAVE A MOTION BY COUNCIL MEMBER KRISEMAN AND A SECOND BY COUNCIL MEMBER BARTON.

ALL IN FAVOR? SIGNED BY. AYE. AYE. OPPOSED? NAY.

LET THE RECORD REFLECT THE OPPOSITION OF COUNCILMAN COUNCILWOMAN PETRINO.

OKAY. THANK YOU, MRS. RAMOS. THANK YOU. AND I'LL SEE YOU LATER FOR THE BLUE RIBBON.

YES. THANK YOU. OKAY. THAT TAKES US TO LAND USE MATTERS STARTING WITH 11 A MR.

[11.A. Request for Continuance to September 24, 2025 City Council Meeting. A Resolution Determining Conditional Use Petition 25-CU4, Relating to a Conditional Use Pursuant to Section 50-102(b)(2) of the Code of Ordinances, City of Naples, to Allow Required Parking Within 600 Feet of a Lot to Accomplish Shared Parking on Property Owned By Hygate Properties, LLC., and Located at 1795, 1801-1841 9th Street North, More Fully Described Herein; and Providing an Effective Date. (Erica Martin, Director of Planning) ]

DO WE NEED TO DO THAT TO A DATE? CERTAIN, OR ARE THEY GOING TO RE ADVERTISE FOR 11 A.

OKAY. SO I WILL READ THE RESOLUTION. AND THEN THE REQUEST IS TO HAVE A MOTION CONTINUING THIS TO SEPTEMBER 24TH, 2025 A RESOLUTION DETERMINING CONDITIONAL USE PETITION 20 5-Q4 RELATING TO A CONDITIONAL USE PURSUANT TO SECTION 50 DASH 102 B2 OF THE CODE OF ORDINANCES, CITY OF NAPLES TO ALLOW REQUIRED PARKING WITHIN 600FT OF A LOT TO ACCOMPLISH SHARED PARKING ON PROPERTY OWNED BY HIGHGATE PROPERTIES, LLC. YES, AND IF WE COULD HAVE A MOTION TO CONTINUE THAT TO THE SEPTEMBER 24TH MEETING.

I HAVE A QUESTION. VICE MAYOR. THAT'S SEPTEMBER 24TH MEETING.

MR. YOUNG WE HAVE NO PROBLEM ACCOMMODATING THIS ITEM ON THAT AGENDA.

NO. AND THAT IS THE LAND USE REGULAR SCHEDULED MEETING.

SO THAT SHOULD BE NO ISSUE, SIR. THANK YOU. YOU'RE WELCOME.

DO I HAVE A MOTION? OKAY, THEN. MOTION TO TO MOVE THAT ITEM TO SEPTEMBER 24TH.

SECOND, I HAVE A MOTION BY COUNCILMEMBER PETRINA AND THE SECOND BY VICE MAYOR.

[01:30:04]

[11.B. This Request has been Withdrawn. A Resolution Determining Live Entertainment Petition 25-LE2 Establishing NonAmplified Outdoor Live Entertainment with No More than Two Entertainers Playing With Doors and Windows Open, From 5 p.m. to 8 p.m. on Monday and Thursday, and Saturday From 6 p.m. to 9 p.m., for the Restaurant Known as Hogfish Harry's on Property Owned by Phelan - Hogfish Property Holdings 513, LLC, and Located at 600 Neapolitan Way; More Fully Described Herein; and Providing an Effective Date. (Erica Martin, Director of Planning) ]

I HAVE A QUESTION RELATED TO THAT. YES. VICE MAYOR.

YES. BUT DON'T YOU STILL HAVE TO READ THE REST? IF WE'RE GOING TO TALK ABOUT THE SPECIFIC ITEM, I WOULD HAVE TO READ THE RESOLUTION WITH THE UNDERSTANDING THAT THERE IS NO RESOLUTION.

RIGHT. SO I CAN JUST OPEN UP ITEM 11 B, WHICH WOULD HAVE BEEN A RESOLUTION DETERMINING LIVE ENTERTAINMENT.

PETITION 20 5-L2 ESTABLISHING NON AMPLIFIED OUTDOOR LIVE ENTERTAINMENT WITH NO MORE THAN TWO ENTERTAINERS PLAYING WITH DOORS AND WINDOWS OPEN FROM 5 TO 8 ON MONDAY AND THURSDAY AND SATURDAY FROM 6 TO 9 FOR THE RESTAURANT, WITH THE UNDERSTANDING THAT THAT REQUEST MAY SIGNIFICANTLY CHANGE IF THIS IS APPLIED FOR IN THE FUTURE. THANK YOU FOR THE CITY ATTORNEY.

MADAM MAYOR, MAY I? YEP. SO WHEN A WHEN AN ITEM HAS BEEN WORKED ON BY OUR CITY STAFF, PUT ON THE AGENDA AND THEN WITHDRAWN. WHAT ARE THE RULES AROUND BRINGING IT BACK AND WORKING ON IT ALL OVER AGAIN? PUTTING IT BACK ON THE AGENDA. ARE THERE CAN THEY JUST BRING THIS BACK AT ANY TIME IN THE FUTURE? OR ARE THERE SOME RULES RELATED TO THAT? CURIOUS? NO. SO THEY CAN. I MEAN, THE WHOLE PREMISE BEHIND SOMETHING BEING ADDED TO THE AGENDA IS BECAUSE THERE'S A PROPERTY OWNER OR BUSINESS OWNERS THAT THAT'S ASKED, THAT'S APPLIED. YEAH, THAT'S GONE THROUGH THE PROCESS.

IF THEY FEEL LIKE THEY'RE NOT READY, IT'S REALLY A DECISION THAT THEY'RE ALLOWED TO MAKE.

THEY'RE NOT ASKING TO CONTINUE IT TO A DATE. CERTAIN.

SO RIGHT NOW IT'S JUST THE REQUEST HAS BEEN WITHDRAWN AND IT HAPPENS.

THEY WOULD HAVE TO SUBMIT A NEW APP. IT WOULD START FROM THE BEGINNING SO THEY WOULD PAY THE FEE AGAIN. WE WOULD SEND THE NOTICE THAT WOULD JUST START OVER FROM THE BURIAL. AND I HAVE NO OPINION ON THIS. I'M JUST FROM A PROCEDURAL POINT OF VIEW.

I JUST WANTED TO KNOW. THANK YOU. THANK YOU, MADAM MAYOR.

THANK YOU. A MOTION. NO, WE DON'T NEED IT. WE DON'T NEED A MOTION TO WITHDRAW.

OKAY, SO WE'RE TAKING. GOING TO 11. SEE MR. MCCONNELL?

[11.C. A Resolution Determining Outdoor Dining Petition 25-OD6 Establishing Outdoor Dining on Private Property to Include Twenty-One (21) Tables and Sixty-Six (66) Chairs for the Restaurant Known as Hogfish Harry's on Property Owned by Phelan-Hogfish Property Holdings 513, LLC, and Located at 600 Neapolitan Way, More Fully Described Herein; Providing for Scrivener's Errors; and Providing an Effective Date. (Erica Martin, Director of Planning)]

ESTABLISHING OUTDOOR DINING ON PRIVATE PROPERTY TO INCLUDE 21 TABLES AND 66 CHAIRS FOR THE RESTAURANT KNOWN AS HOGFISH HARRY'S, ON PROPERTY OWNED BY FELINE HOGFISH PROPERTY HOLDINGS 513 LLC AND LOCATED AT 600 NEAPOLITAN, WAY MORE FULLY DESCRIBED HEREIN, PROVIDING FOR SCRIBNER'S HEIRS AND PROVIDING AN EFFECTIVE DATE.

AND I BELIEVE THIS WAS ONE OF THE PRIOR TO SWEARING IN.

THIS IS ONE OF THE RESOLUTIONS THAT THERE WERE SOME MINOR CHANGES TO THAT THAT WE WILL VERBALLY SAY FOR THE RECORD, THAT WERE PASSED OUT BY MR. JEFF BEFORE THE MEETING. SO AT THIS POINT, IF THE CLERK COULD SWEAR IN ANY WITNESSES, THEN WE CAN GET STARTED.

MAYOR. WELL, ALL THOSE INTEND TO GIVE TESTIMONY.

PLEASE RISE AND RAISE YOUR RIGHT HAND. DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY ABOUT TO GIVE WILL BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES.

THANK YOU. COUNCIL DISCLOSURES. COUNCIL MEMBER PENNIMAN FAMILIAR WITH THE SITE.

I'VE HAD NO CONTACT. BARTON. FAMILIAR WITH THE SITE? NO CONTACT. FAMILIAR WITH THE SITE. REVIEWED THE PETITION.

APPLICATION WITH STAFF AND HAD A BRIEF CONVERSATION WITH THE PETITIONERS, REPRESENTATIVE KRAMER.

FAMILIAR WITH THE SITE AND TALK TO STAFF. AND OTHER THAN THAT, NO CONTACT FAMILIAR WITH THE SITE.

HAD A BRIEF CONVERSATION WITH THE PETITIONER'S AGENT.

VICE MAYOR. YEAH. I'M FAMILIAR WITH THE SITE, HAD A CONVERSATION WITH STAFF ON THIS ITEM AND NO CONTACT.

THANK YOU. FAMILIAR WITH THE SITE AND HAD COMMUNICATIONS WITH STAFF, AND WE ARE ACCEPTING THE SUBMITTED CHANGES BY STAFF. OTHER THAN THAT, AND WE WILL GO THROUGH WHAT? THOSE SPECIFIC CHANGES. YES. THANK YOU. WE'LL HAVE THE PETITIONERS AGENT.

GOOD MORNING. GOOD MORNING. THANK YOU. MEMBERS OF NAPLES CITY COUNCIL.

AND WELCOME BACK. I HOPE YOU HAD A SOMEWHAT PRODUCTIVE AND RELAXING SUMMER VACATION.

MY NAME IS FRANCESCA. FOR THE RECORD. AND ATTORNEY WITH COLEMAN, YOVANOVITCH AND KESTER.

MY FIRM REPRESENTS THE PETITIONER, THE FELON FAMILY.

AND I'M HERE TODAY DUE TO THE FAMILY'S PURCHASE OF THE RESTAURANT HOGFISH HARRY'S AND THE OUTDOOR DINING PERMIT.

REQUIREMENTS BY THE CITY OF NAPLES THAT I COME BEFORE YOU.

AND THERE'S A TRANSFER OF OWNERSHIP OF A RESTAURANT.

HERE. WITH ME TODAY IS MARK MCLEAN WITH ARCHITECTURE AND PLANNING TO ANSWER ANY DETAILED QUESTIONS ON THE OUTDOOR DINING PLANS.

[01:35:07]

MHK WORKED DILIGENTLY WITH THE FIRE MARSHAL TO UPDATE THE PLANS FOR CURRENT LIFE SAFETY CODES.

WE ALSO WORKED CLOSELY WITH STAFF TO ENSURE THE PLANS AND APPLICATION REFLECT CONDITIONS CLEARLY AND ACCURATELY, FOR THE BENEFIT OF CITY RECORDS. ON THE SCREEN, I HAVE PINNED THE LOCATION OF THE RESTAURANT HOGFISH HARRY'S. IT IS APPROXIMATELY A QUARTER MILE FROM US 41.

IT IS LOCATED WITHIN PARK SHORE RESORT. THIS IS A PLANNED DEVELOPMENT OF APPROXIMATELY 13 ACRES 136 MORE OR LESS UNITS AND COMMERCIAL USES WITHIN THE RESORT.

AS YOU CAN SEE, THE THE RESTAURANT IS LOCATED ON AN ISLAND THAT IS FACING THE POOL.

THE AMENITY FOR THE RESORT GUESTS. THIS RESTAURANT HAS BEEN OPERATING SINCE 1990.

IN THIS LOCATION, AND BRIEFLY, I'M SURE YOU'RE ALL FAMILIAR.

YOU'RE WITH MR. FALLON AND THE RESTAURANTS HE OPERATES.

BUT FOR THOSE IN THE AUDIENCE WHO MAY NOT KNOW THIS THIS RESTAURANT TOUR, FALLON OPERATES THE BAY HOUSE PINCHERS, TEXAS, TONY'S SEVERAL RESTAURANTS ON FIFTH AVENUE AND HAS BEEN OPERATING RESTAURANTS FOR OVER 25 YEARS IN TERMS OF THE OUTDOOR DINING HISTORY FOR HOGFISH HARRIS, SPECIFICALLY THIS.

THIS OUTDOOR DINING HAS BEEN IN OPERATION FOR NEARLY 20 YEARS.

BASED ON CITY RECORDS, THE SEATING PLAN HAS BEEN RECONFIGURED, AS NOTED, TO COMPLY WITH LIFE SAFETY REQUIREMENTS.

THE ACTUAL NUMBER OF OCCUPANTS IN THE OUTDOOR DINING AREA HAS BEEN REDUCED BY TWO.

IN ADDITION, THE PLANS REFLECT THE. THE CURRENT PLANS REFLECT THE ACTUAL RESTAURANT PATIO AREA.

SQUARE FOOTAGE, INCLUDING FIRE SAFETY CODE REQUIRED INGRESS AND EGRESS.

I'VE PROVIDED HERE A TABLE THAT BASICALLY SUMMARIZES THE NATURE OF THE REQUEST, WHICH IS 66 CHAIRS, 21 TABLES, AND 1330 SIX SQUARE FEET. THIS IS THE EXISTING OUTDOOR DINING PLAN THAT, AGAIN, HAS BEEN OPERATING ON THIS PROPERTY FOR NEARLY 20 YEARS.

THIS IS THE CURRENT OUTDOOR DINING PLAN. AND WITH THAT, I'LL CLOSE MY REMARKS AND AND OPEN THIS UP FOR QUESTIONS FROM CITY COUNCIL.

THANK YOU FOR YOUR PRESENTATION. COUNCIL QUESTIONS? NOPE. WERE YOU WERE WE WERE YOU REDUCED THE NUMBER OF CHAIRS.

BUT HOW HOW MUCH DID YOU INCREASE THE NUMBER OF TABLES FROM 17 TO 21 BY FOUR TABLES.

YOU CAN SEE THAT ALL OF THE TABLES THAT EXIST ON THE CURRENT PLAN WERE FOUR TOPS.

SO THERE'S NOW A MIX OF, OF TWO AND AND SIX TOPS.

BUT THESE TWO TOPS ARE, ARE ADDITIONAL TABLES, AS YOU CAN SEE HERE.

MOST OF THE RECONFIGURATION IS FOR LIFE SAFETY COMPLIANCE.

SO THAT'S WHY I WANTED TO, IN MY INITIAL REMARKS, INDICATE THAT THERE WAS AN EXTENSIVE WORKING TOGETHER BETWEEN MH AND THE FIRE MARSHAL, BUT THE, THE THE THE TABLES HAVE INCREASED, BUT THE NUMBER OF SEATS, I THINK, MOST IMPORTANTLY, HAVE BEEN REDUCED.

OKAY. THANK YOU. MAYOR. I HAVE VICE MAYOR AND THEN KRISTIN.

THANK YOU, MISS PASADENA. I HAD A QUESTION ON THIS PETITION.

SO THE WAY I UNDERSTAND THE TIMELINE AND THE STORY THE FELON FAMILY OR THE PROPERTY HOLDINGS TOOK OVER THIS RESTAURANT. WHEN WAS THAT? HOW LONG AGO? IN FEBRUARY OF THIS YEAR. WE THEN APPLIED FOR A TEMPORARY PERMIT.

OKAY. AND THERE'S A SIX MONTH PERIOD OF, OF TRANSITION TO PROCURE THE PERMANENT REPLACEMENT PERMIT.

AND THAT'S WHY I'M FRONT OF YOU TODAY. THE FORMER RESTAURANT HAD OUTDOOR DINING.

YES. OKAY. AND AND THEN TO BE CLEAR, IT'S THE SAME RESTAURANT.

IT'S THE SAME MENU. IT'S THE SAME HOURS OF OPERATION. IT'S MERELY A CHANGE IN OWNERSHIP. JUST WANTED TO MAKE SURE THAT WAS.

[01:40:04]

OKAY. THAT'S WHAT THE PREVIOUS OPERATION HAD.

THAT'S CORRECT. 68 SEATS, 17 TABLES. AND THEN IN ADDITION TO THESE, THOSE ARE OUTDOOR SEATS OR DOES THAT INCLUDE IN INTERIOR? WE'RE ONLY IN FRONT OF YOU TODAY REGARDING OUTDOOR SEATING, BUT THERE IS INDOOR SEATING.

THERE IS INDOOR SEATING, YES. AS A MATTER OF FACT, I COULDN'T APPLY FOR THIS PERMIT IF THERE WAS NOT INDOOR SEATING.

OKAY. ALL RIGHT. AND I UNDERSTAND THAT THIS OTHER MATTER HAS BEEN WITHDRAWN.

IS THERE CURRENTLY ENTERTAINMENT IN INSIDE THE PROPERTY? NOT TO MY KNOWLEDGE, AND CERTAINLY NOT WITHIN THE SCOPE OF A LIVE ENTERTAINMENT PERMIT.

OKAY. AND ARE WE BROADCASTING ANY ENTERTAINMENT ON THE OUTSIDE? OUTDOOR DINING FROM THE RESTAURANT. THE THE RESORT ITSELF.

I CAN'T SPEAK TO HOW THE HOTEL OPERATES. OKAY.

THANK YOU. THANK YOU, MADAM MAYOR. THANK YOU.

COUNCIL MEMBER CHRISTMANN. YES. I HAVE TWO THINGS.

THE FIRST VICE MAYOR HUTCHINSON COVERED. I JUST WANTED TO ALSO CLARIFY THE CHANGE IN TABLES AND SEATS, AND IT'S DE MINIMIS. IT'S ESSENTIALLY THE SAME AS WHAT WE HAD BEFORE WITH A FEW FEWER SEATS, A FEW MORE TABLES. AND AND IT'S ALL BEEN APPROVED BY THE FIRE MARSHAL, AS I UNDERSTAND IT.

THE THE OTHER COMMENT OR QUESTION I WANTED TO RAISE HAD TO DO WITH THE RESOLUTION.

YOU KNOW, AS I WAS GOING OVER THE MATERIAL IN THE LAST COUPLE OF DAYS YOU KNOW I REALIZED THAT THE RESOLUTION IN OUR IN THE AGENDA MATERIAL WAS INCORRECT AS AN INCONSISTENT WITH WHAT WAS IN THE AGENDA MEMORANDUM.

AND I KNOW WE'VE BEEN HANDED A NEW RESOLUTION TODAY CORRECTING THAT.

OBVIOUSLY, THE PUBLIC IS NOT AWARE OF THAT, BUT THE THE CORRECTED RESOLUTION SAYS THAT THE PETITIONER HAS REQUESTED APPROVAL FOR OUTDOOR DINING TO INCLUDE 21 TABLES AND 66 CHAIRS.

THAT'S CORRECT. AND BUT IT GOES ON TO SAY WHICH IS THE SAME NUMBER OF TABLES AND CHAIRS PREVIOUSLY APPROVED.

AND THE AND THE CORRECTION IS IT'S A REDUCTION IN THE NUMBER OF CHAIRS AND AN INCREASE IN THE NUMBER OF TABLES.

AND THAT'S THE RESOLUTION THAT WE ARE HAVE IN FRONT OF US TO ACT ON.

SO IF WHETHER OR NOT THERE, IF THERE ARE NO FURTHER QUESTIONS OR DISCUSSION, I'M HAPPY TO MAKE A MOTION.

I NEEDED I NEED STAFF TO. THAT'S EXACTLY WHAT STAFF WAS GOING TO DO.

OKAY. SORRY ABOUT THAT. THAT'S OKAY. MR. BRAMMER, YOU'RE ALL SET.

OKAY. GOOD MORNING, MADAM MAYOR AND COUNCIL. JEFF BRAMMER AT THE PLANNING DEPARTMENT.

WELCOME BACK, EVERYONE. I HOPE YOU HAD A NICE SUMMER BREAK.

AS YOU'VE HEARD, THE PETITIONER IS REQUESTING APPROVAL FOR OUTDOOR DINING AT HOGFISH HARRY'S.

THE RESTAURANT IS IN THE PARK SHORE RESORT, LOCATED ON NEAPOLITAN WAY.

THE RESTAURANT IS OPEN SEVEN DAYS A WEEK FROM 11 A.M.

TO 9 P.M.. THE LOCATION HAS HAD OUTDOOR DINING FOR SEVERAL YEARS.

RESTAURANT OWNERSHIP RECENTLY CHANGED HANDS. CURRENT OWNERSHIP HAS BEEN OPERATING UNDER A TEMPORARY PERMIT FOR THE OUTDOOR DINING.

CHANGE IN OWNERSHIP REQUIRES THEM TO COME BACK BEFORE YOU FOR A NEW APPROVAL.

DURING THIS PROCESS, THEY ALSO HAD TO UPDATE THEIR LIFE SAFETY PLAN.

THAT PLAN HAS NOW BEEN REVIEWED AND APPROVED BY THE FIRE MARSHAL.

THE PLAN BEFORE YOU INCLUDES 21 TABLES AND 66 CHAIRS.

THIS IS AN INCREASE OF FOUR TABLES, BUT A DECREASE OF TWO CHAIRS FROM THE EXISTING APPROVAL, WHICH DATES TO 2008. THE NEW PLAN ALSO INCLUDES APPROXIMATELY 256FT² OF ADDITIONAL SPACE FOR OUTDOOR DINING.

IF APPROVED, THIS WOULD REQUIRE ONE ADDITIONAL PARKING SPACE TO ACCOMMODATE THE OUTDOOR DINING.

HOWEVER, ACCORDING TO THE SITE PLAN, THE ADDITIONAL USE SPACE WOULD STILL LEAVE A SURPLUS OF 92 AVAILABLE SPACES FOR ALL THE CURRENT USES THERE, SO THEY HAVE PLENTY OF PARKING. A PETITION HAS BEEN REVIEWED BY ALL CITY DEPARTMENTS, INCLUDING FIRE AND POLICE, WITH NO REPORTED ISSUES. AS I MENTIONED, THE FIRE DEPARTMENT HAS REVIEWED AND APPROVED THE LIFE SAFETY PLAN.

LAST MONTH, LETTERS WERE MAILED TO ALL THE PROPERTY OWNERS WITHIN 1000FT OF THE SUBJECT PROPERTY.

TO DATE, STAFF HAS RECEIVED SEVERAL EMAILS AND A COUPLE OF PHONE CALLS FROM RESIDENTS CONCERNING THE PETITION.

[01:45:04]

SOME MORE WAS DISTRIBUTED TO YOU TODAY. ALMOST ALL OF THAT CORRESPONDENCE WAS GENERATED BY CONCERN OVER THE COMPANION ITEM FOR LIVE ENTERTAINMENT.

ORIGINALLY, THE PETITIONER HAD SOUGHT LIVE ENTERTAINMENT AT THE LOCATION THAT HAS BEEN WITHDRAWN.

PETITIONERS NO LONGER REQUESTING THE LIVE ENTERTAINMENT.

AND AS COUNCILMAN KRISEMAN HAD MENTIONED, ESSENTIALLY WHAT YOU HAVE BEFORE YOU TODAY IS A CONTINUATION OF OUTDOOR DINING UNDER SIMILAR, SIMILAR CIRCUMSTANCES BY NEW OWNERSHIP. SO PURSUANT TO THE LAND DEVELOPMENT CODE, CITY COUNCIL REVIEW AND APPROVAL IS REQUIRED FOR OUTDOOR DINING PETITIONS. SHOULD COUNCIL CHOOSE TO APPROVE THE PETITION? STAFF RECOMMENDS THE FOLLOWING CONDITION. THAT THE OUTDOOR DINING AREA IS LIMITED TO 1336FT², WITH A MAXIMUM OF 21 TABLES AND 66 CHAIRS, AS CONFIGURED IN THE APPROVED LIFE SAFETY PLAN.

ANY FUTURE EXPANSION, MODIFICATION OR ENHANCEMENT OF THE OUTDOOR DINING USE SHALL REQUIRE CITY COUNCIL REVIEW AND APPROVAL.

FINALLY, AS WE'VE HEARD, THERE ARE TWO MINOR EDITS TO THE RESOLUTION BEFORE YOU.

I DISTRIBUTED COPIES OF THOSE CHANGES THIS MORNING, BUT I'LL READ THEM INTO THE RECORD FIRST.

PAGE ONE IN THE FIFTH, WHEREAS THIRD LINE AFTER 600 NEAPOLITAN WAY, WHICH IS STRIKING.

QUOTE THE SAME NUMBER OF TABLES AND SHARES, END QUOTE, AND REPLACING IT WITH, QUOTE, A REDUCTION IN THE NUMBER OF CHAIRS.

AN INCREASE IN THE NUMBER OF TABLES. END QUOTE.

THE SECOND EDIT. PAGE TWO. SECTION TWO. IF APPROVED, THIRD TO FOURTH LINE STRIKE JULY 22ND AND REPLACE IT WITH AUGUST 6TH. THIS REFLECTS THE NEW STAMPED ARCHITECTURAL PLANS.

I WILL NOTE THE PLANS FOR JULY 22ND AND AUGUST 6TH ARE THE SAME FOR OUTDOOR DINING.

WHAT THE AUGUST 6TH VERSION DOES IS REMOVE THE PLANS FOR LIVE ENTERTAINMENT.

PREVIOUSLY, BOTH SETS WERE IN THE PACKAGE FOR SUBMITTAL.

THE PLANS DEPICTING LIVE ENTERTAINMENT ARE NO LONGER IN THERE IN.

THIS REFLECTS THE PETITIONER'S DECISION TO WITHDRAW THAT REQUEST.

SO THAT I HOPE THAT'S CLEAR. THAT CONCLUDES MY COMMENTS.

THANK YOU. THANK YOU VERY MUCH. ANY QUESTIONS FOR STAFF? I'LL JUST SAY THAT JUST FOR THE RECORD, THE LIFE SAFETY PLAN IS SKO6 IN THE PACKET AND SK OH FIVE AND SK OH FOUR. OKAY. THANK YOU.

THANK YOU. VICE MAYOR. YEAH. THANK YOU, STAFF, FOR FOR THE DETAILS ON THIS.

JUST A QUICK QUESTION. UNDER THE OPERATION OF THE BUSINESS WITH 68 SEATS AND 17 TABLES, BECAUSE HISTORICALLY THAT'S WHAT WE'VE HAD AND THAT'S WHAT HAS BEEN IN OPERATION SINCE FEBRUARY, RIGHT, SINCE THEY'VE TAKEN OVER. BUT DURING THIS TIME FRAME AND I JUST WANT TO MAKE SURE THAT THE INFORMATION IS RIGHT. DO WE HAVE ANY CODE ENFORCEMENT MATTERS OR OTHERWISE, ANY OTHER NOISE RELATED COMPLAINTS RELATED TO THE OPERATION OF THE BUSINESS? WE SUBMITTED THIS OUT FOR REVIEW BY ALL THE CITY DEPARTMENTS, AND WE RECEIVED NO SUCH.

THERE WE GO. THANK YOU VERY MUCH. COUNCILMEMBER KRAMER, BEFORE I MAKE A MOTION, I HAVE TO HAVE PUBLIC COMMENT AND MOTION. OKAY, WELL, I'LL JUST MAKE THIS COMMENT.

I AM AGAIN SHOCKED THAT THIS IS BEFORE COUNCIL.

IT'S PART OF OUR CODE. THAT THIS CAN'T BE DONE ADMINISTRATIVELY IS WHY WE HAVE 12 HOUR MEETINGS.

AND IT'S ABSURD TO ME THAT WE DEAL WITH THIS CRAP.

THAT'S ALL. THANK YOU. WITH THAT BEING SAID, NO FURTHER QUESTIONS FOR STAFF.

WE'LL GO TO PUBLIC COMMENT. DENNIS. RAY. IF YOU'LL JUST STATE YOUR NAME FOR THE RECORD, PLEASE.

DENNIS. SORRY. I LIVE ON NEAPOLITAN LANE. I'VE LIVED THERE FOR 26 YEARS.

I'M ALL FOR THIS. EXCEPT WHEN YOU TALKED ABOUT THE PARKING.

AS OF NOW, WELL, PAST COUPLE OF YEARS. THEY HAVE A VALET, AND THE VALET DOESN'T USE THE PARKING SPACES.

[01:50:08]

BUT IF THEY COULD USE THE PARKING SPACES AND NOT THE STREET, IT WOULD PROBABLY BE MUCH BETTER.

AND AS FAR AS THE ENTERTAINMENT THEY USED TO YEARS AGO, THEY HAD SUNDAY JAZZ AND IT WAS HUGE.

THE PLACE WOULD BE PACKED, SO IT WAS A VERY POPULAR THING, BUT THEY SHUT IT DOWN AT 7:00.

IT WASN'T UNTIL 9 OR 10. SO. THAT WAS A GOOD THING.

THANK YOU SIR. THANK YOU FOR BEING HERE. THAT'S WHY WE SOMETIMES COME WITH THESE THINGS COME BEFORE US.

SO WE'LL GO TO THE PETITIONER'S AGENT. I WASN'T I'M NOT AWARE OF VALET PARKING FOR THIS PARTICULAR RESTAURANT. MY MY RESPONSE WOULD BE TO THE EXTENT THERE IS VALET PARKING, WE'LL LOOK INTO IT.

I'M NOT SURE IF IT'S IT'S RELEVANT TO THE REQUEST.

BUT BUT IT'S IT'S CERTAINLY A GOOD POINT. AND AND MISTER, MISTER PHELAN WOULD BE HERE IF YOU COULD, BUT WE HAD THE TIME CONSTRAINT OF SIX MONTHS AND HE HAD A CONFLICT.

HE STANDS WITH PRIDE IN OPERATING RESTAURANTS IN THE CITY THAT ARE FIRST CLASS.

SO IF THERE'S ANYTHING THAT'S OPERATIONALLY CONFLICTING WITH RESPECT TO VALET, WE'LL TAKE CARE OF IT.

IF IT'S WITHIN HIS CONTROL, IT COULD BE THE HOTEL.

SO I'LL BRING IT TO HIS ATTENTION FOLLOWING THIS MEETING.

AND THANK YOU. I'M ASSUMING STAFF THAT THAT WAS ADMINISTRATIVELY APPROVED.

THE VALET. I DON'T KNOW ABOUT THAT. WE CAN LOOK INTO IT, BUT I WASN'T AWARE THAT THIS WAS AN ISSUE.

OKAY, SO I WOULD SAY THE DIRECTION WOULD BE THAT STAFF WOULD ALSO LOOK INTO THE VALET, PERMITTING.

YES. THANK YOU. OKAY. YOUR CONCLUDING REMARKS.

THANK YOU SO MUCH FOR YOUR TIME AND YOUR CONSIDERATION.

AND WITH THAT, WE RESPECTFULLY REQUEST YOUR APPROVAL.

THANK YOU. THANK YOU. IF COUNCIL MEMBER PETRINO, IF NO ONE ELSE HAS ANY THING ELSE TO SAY, I'D LIKE TO MAKE A MOTION TO APPROVE THIS PETITION.

SECOND, A MOTION BY COUNCIL MEMBER PETROV AND A SECOND BY VICE MAYOR.

ROLLCALL? YES. AND JUST TO CLARIFY, THAT MOTION ENCOMPASSES THE TWO MINOR CHANGES THAT STAFF SUGGESTED.

CORRECT? YES. IT INCLUDES BOTH OF THOSE CHANGES THAT WERE HANDED TO US EARLIER.

THANK YOU. AND THE CONDITION? CORRECT. THANK YOU.

OKAY. MADAM CLERK, PLEASE. FULL COUNCIL. COUNCIL MEMBER.

CHRISTMAN. YES. COUNCIL MEMBER. BARTON. YES. COUNCIL MEMBER.

KRAMER. YES. COUNCIL MEMBER. PETRINA. YES. COUNCILMEMBER PENNIMAN.

YES. VICE MAYOR HUTCHINSON. YES. MAYOR HEITMANN.

YES. AND WITH THAT, IT PASSES UNANIMOUSLY. THANK YOU.

COUNCIL. WE'RE IN NEED OF A BREAK. SO IT IS 1025.

WILL TAKE A TEN MINUTE BREAK. OKAY, WE'RE BACK FROM OUR SHORT BREAK, AND WE'RE. CONTINUING ON WITH ITEM 11 D SORRY, MR.

[11.D. A Resolution Determining Live Entertainment Petition 25-LE3, Amending the Live Entertainment Previously Approved by City Council (Resolution 2023-15090), Pursuant to Section 56-125 of the Code of Ordinances, to Allow for Amplified Indoor (with Doors and Windows Closed) Live Entertainment in Multiple Locations Thursday and Friday from 6:00 p.m. to 12:00 a.m., Saturday from 11:00 a.m. to 3:00 p.m. and from 6:00 p.m. to 12:00 a.m., Sunday from 11:00 a.m. to 3:00 p.m. and from 6:00 p.m. to 11:30 p.m. and on New Years Eve from 6:00 p.m. to 1:00 a.m.; and Amplified Outdoor Live Entertainment in Multiple Locations Thursday from 5:00 p.m. to 8:30 p.m., Friday and Saturday from 11:00 a.m. to 3:00 p.m. and from 4:00 p.m. to 10:00 p.m. and Sunday from 11:00 a.m. to 3:00 p.m. and from 4:00 p.m. to 8:30 p.m. for The Restaurant Known as The District (Inclusive of The District, The Mini Bar, The Alley, Staff Only) on the Property Owned by Victoria Square Properties, LLC, and Located at 1200 Central Avenue; More Fully Described Herein; and Providing an Effective Date. (Erica Martin, Director of Planning)]

LIVE ENTERTAINMENT IN MULTIPLE LOCATIONS THURSDAY AND FRIDAY FROM 6 P.M.

TO 12 A.M.. M SATURDAY FROM 11 A.M. TO 3 P.M., AND FROM 6 P.M.

TO 12 A.M. SUNDAY FROM 11 A.M. TO 3 P.M. AND FROM 6 P.M.

TO 11:30 P.M., AND ON NEW YEAR'S EVE FROM 6 P.M.

TO 1 A.M. AND AMPLIFIED OUTDOOR LIVE ENTERTAINMENT IN MULTIPLE LOCATIONS THURSDAY FROM 5 P.M.

TO 8:30 P.M., FRIDAY AND SATURDAY FROM 11 A.M.

TO 3 P.M., AND FROM 4 P.M. TO 10 P.M. AND SUNDAY FROM 11 A.M.

TO 3 P.M. AND FROM 4 P.M. TO 8:30 P.M. FOR THE RESTAURANT KNOWN AS THE DISTRICT, INCLUSIVE OF THE DISTRICT, THE MINI BAR. THE ALLEY STAFF ONLY ON THE PROPERTY OWNED BY VICTORIA SQUARE PROPERTIES LLC AND LOCATED AT 1200 CENTRAL AVENUE.

MORE FULLY DESCRIBED HERE AND IN PROVIDING AN EFFECTIVE DATE.

THANK YOU ALL. SWEARINGEN. WILL ALL THOSE IN TEN TO GIVE TESTIMONY WHO HAVE NOT ALREADY BEEN SWORN.

PLEASE RISE AND RAISE YOUR RIGHT HAND. DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY ABOUT TO GIVE WILL BE THE TRUTH,

[01:55:01]

COUNSEL. COUNCIL DISCLOSURES. COUNCIL MEMBER PENMAN, FAMILIAR WITH THE SITE, HAD NO CONTEXT.

BURTON, FAMILIAR WITH THE SITE, MET WITH THE PETITIONER AND DISCUSSED WITH STAFF AND CHRISTMAN FAMILIAR WITH THE SITE.

REVIEWED THE PETITION WITH STAFF AND MET WITH THE PETITIONER, THE OPERATOR OF THE RESTAURANT AND KRAMER, FAMILIAR WITH THE SITE AND TALK TO STAFF ABOUT IT, FAMILIAR WITH THE SITE, SPOKE WITH STAFF ABOUT IT, AND SPOKE BRIEFLY WITH THE PETITIONERS AGENT AND VICE MAYOR.

YEAH, I'M FAMILIAR WITH THE SITE. I'VE BEEN A CUSTOMER AT THE SITE PREVIOUSLY.

I'VE MET WITH THE PETITIONER ON THE PREMISES TO GO OVER THE APPLICATION, DISCUSS WITH STAFF.

THANK YOU. I AM FAMILIAR WITH THE SITE, DID NOT VISIT THE SITE SO.

AND I MET WITH STAFF AND I SPOKE TO THE PETITIONER.

MAYOR. BEFORE WE BEGIN, THERE IS A COMPANION ITEM WHICH IS 11 E, WHICH IS AN OUTDOOR DINING PETITION FOR THE SAME ESTABLISHMENT.

I BELIEVE THE PRESENTATION IS COMBINED AND THEY WOULD LIKE TO HEAR THOSE TOGETHER. TWO SEPARATE VOTES OBVIOUSLY. BUT I THINK WE NEED TO HAVE MATTHEW READ THAT COUNCIL.

THERE'S NO. IS THERE ANY OPPOSITION TO THAT COUNCIL? OKAY. THANK YOU, MR. MCCONNELL. OKAY. I CAN READ THIS WITH THE UNDERSTANDING THAT IT IS TWO SEPARATE REQUESTS, ONCE FOR LIVE ENTERTAINMENT AND ONCE FOR OUTDOOR DINING.

I UNDERSTAND THERE'S ONE PRESENTATION, SO THE QUESTIONS WILL PROBABLY BLUR, BUT JUST KEEP THAT IN MIND.

THE RESOLUTION DETERMINING OUTDOOR DINING PETITION 20 50D 12.

CHANGING A PREVIOUSLY APPROVED OUTDOOR DINING PERMIT RESOLUTION 2024 15442.

PURSUANT TO SECTION 50 6-1 26 OF THE CODE OF ORDINANCES TO ALLOW FOR 37 TABLES AND 261 CHAIRS ON PRIVATE PROPERTY FOR THE RESTAURANT KNOWN AS THE DISTRICT, INCLUSIVE OF DISTRICT. THE MENU BAR. THE ALLEY STAFF ONLY ON PROPERTY OWNED BY VICTORIA SQUARE PROPERTIES LLC AND LOCATED AT 1200 CENTRAL AVENUE.

MORE FULLY DESCRIBED HEREIN AND PROVIDING AN EFFECTIVE DATE.

FOLLOW THE SAME PROCESS OF. SINCE. NOW. SINCE NOW, BOTH HAVE BEEN THAT I WOULD JUST RESTART THE SWEARING IN AND ENSURE THAT THE RECORD INCLUDES YOUR EXPERTISE, BUT THEN ANY ADDITIONAL FOR THIS ONE WOULD BE INCLUDED.

THANK YOU SIR. SWEARING IN. WELL, ALL THOSE INTEND TO GIVE TESTIMONY WHO HAVE NOT ALREADY BEEN SWORN.

PLEASE RISE AND RAISE YOUR RIGHT HAND. DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY ABOUT TO GIVE WILL BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? THANK YOU.

DISCLOSURES. COUNCIL MEMBER PENMAN FAMILIAR WITH THE SITE.

BARTON FAMILIAR WITH THE SITE. MET WITH THE PETITIONER AND HAD DISCUSSIONS WITH OUR STAFF.

SAME AS I PREVIOUSLY INDICATED THAT I SHOULD SAY IT'S OKAY.

FAMILIAR WITH THE SITE. VISITED THE SITE. MET WITH STAFF TO REVIEW THE PETITION AND MET WITH THE REPRESENTATIVE OF THE PETITIONER, THE OPERATOR OF THE RESTAURANT, KRAMER, FAMILIAR WITH THE SITE AND TALK TO STAFF ABOUT THIS.

FAMILIAR WITH THE SITE. SPOKE WITH STAFF ABOUT IT.

SPOKE BRIEFLY WITH THE PETITIONERS AGENT. VICE MAYOR.

THIS IS ALSO GOING TO SERVE AS AN AMENDMENT TO MY PREVIOUSLY EX PARTE DISCLOSURES, BUT I'M FAMILIAR WITH THE SITE.

I'VE BEEN A CUSTOMER AT THE SITE. I'VE MET WITH THE PETITIONER AT THE SITE TO GO OVER THIS MATTER.

THE AGENDA ITEMS I'VE SEEN AND RECEIVED EMAIL FROM RESIDENTS RELATED TO THIS MATTER, AND THAT'S PART OF THE PUBLIC RECORD.

AND I'VE ALSO RECEIVED AND LISTENED TO PUBLIC COMMENT TODAY ON THIS SAME SUBJECT.

THAT'S IT. THANK YOU. THANK YOU. I AM FAMILIAR WITH THE SITE AND HAVE RECEIVED CORRESPONDENCE FROM THE COMMUNITY AND MET OR SPOKE BRIEFLY WITH THE PETITIONER.

I HAVE ONE LAST AMENDMENT. I'M SO SORRY. IF YOU RECALL, IN THE RESOLUTION FOR THE LIVE ENTERTAINMENT, THERE WERE A NUMBER OF CONDITIONS THAT STAFF HAD RECOMMENDED THAT STARTED WITH THE PETITIONER WILL DEMONSTRATE.

THE PETITIONER HAS SINCE SINCE RECEIVING THE STAFF REPORT, BUT SUBSEQUENT TO PUBLICATION OF THE STAFF REPORT, THEY HAVE PHOTOGRAPHS THAT THEY WOULD LIKE TO SHOW COUNSEL DEMONSTRATING COMPLIANCE WITH THOSE CONDITIONS.

SO THEY WERE NOT PUBLISHED WITH YOUR REPORT, BUT THEY ARE JUST PHOTOGRAPHS OF EXISTING CONDITIONS.

SO WE WOULD ASK IF COUNSEL WOULD BE AMENABLE TO HAVING THOSE PHOTOGRAPHS SHOWN AS PART OF THEIR PRESENTATION.

ANYONE OPPOSED TO THAT SHOWN? AND AS PART OF THE RECORD, WE WILL INCLUDE THEM IN THE RECORD.

[02:00:02]

THEY WERE NOT PUBLISHED WITH YOUR AGENDA. ANYONE OPPOSED TO THEM? OKAY. THAT WILL BE INCLUDED. THANK YOU. THANK YOU.

GOOD MORNING. GOOD MORNING. THANK YOU VERY MUCH. FOR THE RECORD, MARK MCLEAN MHK ARCHITECTURE.

AND HOPEFULLY MY PRESENTATION IS SHORTER THAN THAT.

PRETTY SIMPLE. WHEN WE BOIL IT ALL DOWN, THERE'S A LOT OF HOURS IN THERE BECAUSE THERE'S LIVE ENTERTAINMENT IN SEPARATE AREAS AND THERE'S OUTDOOR DINING IN SEPARATE AREAS.

SO THERE'S A LOT OF HOURS IN THERE. IN MY IN THE RESPONSE REBUTTAL THAT MISS MARTIN MENTIONED, I DID PUT AN EXCEL SHEET IN THAT RESPONSE, THAT BASICALLY IT'S A CHART THAT WE CAN LOOK AT AND SAY, YEAH, THAT MAKES SENSE. AND WE CAN PUT THAT ON THE RECORD AND KIND OF CLEAR A LOT OF THAT UP.

SO AGAIN, THE PROJECT IS 1200 CENTRAL, THE AREA KNOWN AS THE DISTRICT.

WHEN THIS STARTED FIVE YEARS AGO, IT STARTED AS THE KITCHEN IN THE MINIBAR.

AND JUST AS PEOPLE STARTED LEAVING THE BUILDING THAT THE BOWL IS CURRENTLY IN.

WE JUST KEPT EXPANDING THE SPACE, AND IT BECAME A MORE AND MORE BRILLIANT IDEA AS IT STARTED TO COME TOGETHER.

BUT THE ONE THING THAT WE NEEDED TO DO WAS JOIN IT ALL TOGETHER.

AND THE LAST PIECE OF THE PUZZLE WAS THE LITTLE SPACE RIGHT IN THE MIDDLE THAT USED TO BE YACHT CLUB SUBS.

SO FOR ALL INTENTS AND PURPOSES, YACHT CLUB SUBS HAS GONE AWAY.

WE'RE GOING TO INCORPORATE THAT SPACE INTO THE DISTRICT, AND WE'RE GOING TO INCORPORATE YACHT CLUB SUBS, OUTDOOR DINING INTO OUR OUTDOOR DINING. FROM THAT STANDPOINT, NOTHING THAT EXISTED WITH THE KITCHEN OR THE MINIBAR OR ANYTHING ON THAT SIDE HAS CHANGED.

SO WE'RE JUST BASICALLY INCORPORATING YACHT CLUB SUBS INTO THE COMPLEX THAT'S KNOWN AS THE DISTRICT.

SO WITH THERE, I'LL MOVE FORWARD. THIS WAS OUR EXISTING SITE PLAN, AS YOU COULD SEE FROM THE EXISTING SITE PLAN. MY MOUSE GO IN HERE.

THIS THIS IS THE AREA KNOWN AS THE BOWL. THIS IS THE AREA KNOWN AS THE ALLEY.

THIS WAS YACHT CLUB SUBS. THIS IS THE AREA WE'RE TAKING OUT.

THIS IS THE DISTRICT. THIS IS THE AREA KNOWN AS THE MINIBAR.

AND THIS IS THE AREA KNOWN AS THE KITCHEN THAT SERVICES ALL OF THIS FACILITY.

ONE OF THE THINGS I WANT TO POINT OUT UP HERE ON THE EAST SOUTHEAST CORNER IS, ARE THESE PARKING SPACES THAT ARE ANGLED PARKING SPACES HERE DIRECTLY AT THE ENTRY. ONE OF THE THINGS THAT WE'RE DOING AT THOSE PARKING SPACES IS WE'RE GOING TO STRIPE THAT AREA TO GAIN A PARKING SPACE THAT WE NEED TO MAKE THIS MATRIX WORK. SO WITH THAT, YOU CAN SEE WE'VE INCORPORATED OR REMOVED YACHT CLUB SUBS AND INCORPORATED THIS.

AND I HAVE BLOWUPS OF THIS. SO I CAN SHOW YOU EXACTLY WHAT WE'RE PROPOSING THAT WE DO.

SO IN THE PREVIOUS APPROVAL WE HAD THESE TWO GREEN AREAS APPROVED AS OUTDOOR DINING OR, I'M SORRY, OUTDOOR LIVE ENTERTAINMENT SPACES. I SAW IN THE IN THE STAFF REPORT THAT WE DIDN'T RESUBMIT THE AUDIO FILES AND ALL THE DECIBEL RATING. WE'RE NOT ASKING FOR ANY CHANGES FROM THAT. WE WILL BE COMPLETELY COMPLIANT WITH ALL THE OTHER SOUND STUDIES AND EVERYTHING THAT ARE THERE.

WE'RE NOT ASKING FOR ANY CHANGES ON THERE. THE ONE CHANGE THAT WE ARE ASKING FOR IS UP TO 12 TIMES A YEAR, TO ALLOW US TO PUT FOUR ENTERTAINERS ON ONE OF THESE STAGE INSTEAD OF TWO.

AGAIN, THAT DOESN'T CHANGE ANY OF THE SOUND REQUIREMENTS.

ANY OF THE DECIBEL READINGS OR HOW WE MEASURE THAT, IT ALL STAYS THE SAME.

WE'RE JUST ASKING FOR 12 TIMES A YEAR TO BE ABLE TO BRING IN FOUR ENTERTAINERS, BECAUSE WE'VE HAD SOME ENTERTAINERS APPROACH US ABOUT PERFORMING THERE, AND WE SIMPLY CAN'T ACCOMMODATE THEM BECAUSE WE OUR CURRENT APPROVAL ONLY ALLOWS FOR TWO ENTERTAINERS.

THE NEW PORTION OF THE LIVE ENTERTAINMENT HERE IS INSIDE.

AS I MENTIONED, WE TOOK THIS AREA HERE. THAT WAS YACHT CLUB SUBS OUT AND WE WANT TO PUT SOME LIVE ENTERTAINMENT INSIDE THE ROOM THAT IS KNOWN AS THE DISTRICT.

AND THEN WE WANT TO PUT A LIVE ENTERTAINMENT SPACE IN THIS AREA KNOWN AS THE ALLEY.

NOW, FOR THOSE OF YOU WHO HAVE SEEN OR BEEN IN THE ALLEY, THIS IS AN AREA WHERE THEY PLAY DARTS.

OBVIOUSLY, IF THE LIVE ENTERTAINMENT IS THERE, THE DART BOARD GOES AWAY OR WE HAVE A LOT OF FUN THAT EVENING, ONE OF THE TWO. BUT WE THINK THE DART, WE THINK THE DARTS GO AWAY THAT EVENING. SO THAT'S THE LAYOUT OF THE LIVE ENTERTAINMENT.

LET'S TALK BRIEFLY ABOUT OUTDOOR DINING. SO THE OUTDOOR DINING APPLICATION WITHIN MAY NEED TO GO.

THERE WE GO. THE OUTDOOR DINING WITHIN THE AREA KNOWN AS THE MINIBAR IN THE KITCHEN HAS NOT CHANGED.

IF YOU LOOK AT YOUR REPORT, IT'S REPORTING 31 ADDITIONAL SEATS.

WHEN YOU DO ALL THE MATH IN IT, IT COMES OUT TO 31 ADDITIONAL SEATS.

NOTHING HAS CHANGED. WHAT'S CHANGED HERE OR WHAT'S CALCULATED HERE IS THAT IN THE FLORIDA BUILDING CODE AND IN THE NFPA, THE THE FIRE CODE, WHEN YOU'RE CALCULATING SEATS, YOU CALCULATE THE DISTANCE OF A BENCH.

SO IF WE LOOK AT THIS AREA ON THE NORTH END UP HERE, THERE IS A BENCH THAT RUNS ALL THE WAY DOWN THE BACK OF THIS WALL, AND THEN A BENCH THAT RUNS ALL THE WAY DOWN THE BACK OF THIS WALL AND AROUND.

IF WE LOOK AT THE TABLES THAT ARE IN HERE, WE'VE GOT A TWO TOP TABLE HERE AND A TWO TOP TABLE HERE, WHICH WOULD MEAN ONE PERSON SITS IN A CHAIR ON THIS SIDE AND ONE PERSON SITS ON THE BENCH ON THAT SIDE.

[02:05:02]

WELL, WHEN YOU GO TO THE OCCUPANCY CALCULATIONS OF THE FLORIDA BUILDING CODE IN NFPA, THE FIRE MARSHAL RIGHTLY SAID YOU NEED TO COUNT THESE BENCHES AS 24IN PER PERSON, WHICH MAKES OUR OCCUPANCY LOOK LIKE IT WENT FROM 10 TO 41 WITH A 31 PERSON INCREASE.

BUT THAT REQUIRES US, IF WE HAVE TWO TABLES THAT ARE THREE FEET APART FROM ONE ANOTHER, WE'RE COUNTING ONE AND A HALF PERSONS SITTING IN A GAP BETWEEN THE TWO TABLES.

SO THAT'S ALL THAT'S CHANGED HERE. THERE'S BEEN NO INCREASE IN OUTDOOR DINING CAPACITY WITHIN THE AREA OF WHAT'S KNOWN AS THE MINI BAR, WHERE WE DO HAVE AN INCREASE IN OUTDOOR DINING IS WHEN WE TOOK OUT SUB YACHT CLUB SUBS.

THEY HAD OUTDOOR DINING OUT HERE ON THE PRIVATE PROPERTY.

WHAT WE'VE DONE IS WE'VE TAKEN OUT ONE OF THE PLANTERS AND WE'RE PUTTING IN SOME SOFT, AIRY, SOFT SEATING AREAS WITH SOME TABLES OUT HERE, A COUPLE TWO TOPS ALONG THE EDGE HERE.

AND THAT'S WHERE THE INCREASE FOR THE OUTDOOR DINING ON THE 12TH AVENUE SIDE OF THE OF THE PROJECT IS COMING IN.

SO FROM THAT STANDPOINT, THAT IS OUR ASK IS TO ALLOW THE LIVE ENTERTAINMENT ON THE INSIDE, ALLOW A MINOR INCREASE IN LIVE ENTERTAINMENT ON THE OUTSIDE, THE NEW OUTDOOR DINING TO ACCOMMODATE THE COMPLEX COMING TOGETHER AS ONE AND TO JUST ACKNOWLEDGE THE INCREASE BUT NOT INCREASE IN SEATING.

SO WE HAVE NO OBJECTION IF THERE'S A CONDITION HERE THAT SAYS WE CAN'T EXCEED MORE THAN WHAT WAS PREVIOUSLY APPROVED, WE DON'T HAVE AN OBJECTION TO THAT BECAUSE WE'RE NOT ADDING ANY SEATS.

WE'RE NOT CHANGING ANY TABLES OR CHAIRS, ANYTHING. IT'S JUST THE THE METHODOLOGY AND WHICH WE'RE CALCULATING TODAY FOR THE AREA ON THE WEST SIDE OF THE COMPLEX. NOW WE'RE GOING TO PUT SOME NICE SOFT SEATING OUT THERE WITH SOME TABLES.

WE'LL HAVE SOME HIGH TOP TABLES AND SOME LOW TOP TABLES WITH SOME CHAIRS AND SOME STOOLS.

AND THAT'S HOW WE GET TO COUNTING ON THE WEST SIDE OF THE PROJECT.

WITH THAT, I'M AVAILABLE FOR QUESTIONS. WHEN YOU SAID WEST SIDE, YOU MEAN ON 12TH? YES, MA'AM. OKAY. SO THAT'S WE HAD PREVIOUSLY TWO TABLES THERE.

THERE WERE TWO TABLES AND EIGHT CHAIRS THAT WERE PART OF YACHT CLUB.

SUBS FOR EIGHT CHAIRS. YEAH, THERE WERE TWO, FOUR TOPS.

YEAH, THERE WERE TWO FOR TOPS THERE. YES, MA'AM.

OKAY. AND WHERE DID YOU SAY THE ENTERTAINMENT IS BEING PLACED? THERE'S NONE ON THE WEST SIDE OUT THERE. THE ENTERTAINMENT IS INSIDE.

THE BLUE SQUARES ARE INSIDE. ONE IN THE ALLEY, TWO IN THE DISTRICT, BUT IT WOULD ONLY EVER BE ONE OF THE TWO.

ONE OR THE OTHER, DEPENDING ON YOU KNOW, WHO THE ENTERTAINER WAS.

THEN THESE TWO GREEN SQUARES THAT ARE HERE, THESE WERE PREVIOUSLY APPROVED.

THERE'S NO CHANGES TO THOSE. SO IF I UNDERSTAND THIS CORRECTLY, THERE'S ONE LIVE ENTERTAINMENT. IN THE BAR AREA WHERE I'M LOOKING AT SK THREE. YES, MA'AM.

WHERE IS THE VAN? IS THAT. WELL, THE INSIDE SPACES WOULD ONLY HAVE 1 OR 2 ENTERTAINERS.

SO IT'S WITHIN THESE SQUARES. AND THESE SQUARES ARE JUST FOUR FEET BY FIVE FEET.

SO IT'S JUST TWO PEOPLE PLAYING ON INSTRUMENTS WITHIN A SMALL AREA.

RIGHT. SO THAT'S NOT REALLY A BAND HASN'T CHANGED.

CORRECT. BECAUSE THAT'S A VERY NARROW AREA. I DON'T KNOW HOW YOU WOULD, AND THAT WOULD MOST LIKELY BE A SINGLE ENTERTAINER IN THERE.

BUT THAT'S BUT THAT'S INSIDE WITH DOORS AND WINDOWS CLOSED AND THE SQUARE FOOTAGE, THE SQUARE FOOTAGE OF THE SPACE IS, I BELIEVE THAT SAYS FOUR FEET BY FOUR FEET SAYS IT'S 15FT², WHICH IS REQUIRED BY THE BUILDING CODE.

SO THAT'S A SINGLE PERFORMER. SO THAT WOULD BE THAT WOULD BE GUIDED, THAT WOULD THAT WOULD BE REGULATED TO BE A SINGLE PERFORMER IN THE ALLEY BASED ON THE FLORIDA BUILDING CODE. SO WHAT IS THE WIDTH BETWEEN THESE TABLES? WHICH TABLES? THE OUTDOOR DINING TABLES OR THE INSIDE TABLES? WELL I'M SORRY, YES. INSIDE THE ALLEY, THE TABLES INSIDE THE ALLEY ARE ALL CODE COMPLIANT.

YOU CAN SEE THE THE BLACK DASHED LINES WITH THE GRAY PATH AROUND IT.

THAT'S THE EGRESS PATH. BUT WHEN FIRE GOES THROUGH THIS, THERE'S A MATRIX THAT IF YOU HAVE TWO TABLES FACING ONE ANOTHER, THAT TWO CHAIRS CAN BACK UP TO ONE ANOTHER. THERE'S A DISTANCE BETWEEN THE TABLES.

IF YOU HAVE TWO TABLES THAT ARE SIDE BY SIDE WITH NO CHAIRS, THERE'S A DISTANCE BETWEEN THE TWO TABLES.

IF YOU HAVE A TABLE THAT A CHAIR IS TURNED TO, THERE'S A DISTANCE BETWEEN THE TABLES.

SO WE ALL THE DIMENSIONS ON HERE LAY OUT ALL OF THAT.

NFPA CODE REQUIRED CLEARANCES FOR ALL THE TABLES AND CHAIRS.

THAT'S BEEN REVIEWED BY MY OFFICE AND BY THE FIRE MARSHAL TO BE COMPLIANT.

[02:10:06]

3.5FT. YES, MA'AM. CODE COMPLIANT, THREE FEET.

CODE COMPLIANT. BUT WE'VE GOT THESE AT 3.5FT, BECAUSE IF WE WENT THREE FEET, WE KIND OF HAD TWO FEET STUCK DOWN HERE AT THE END.

SO WE JUST KIND OF DISTRIBUTED THAT EXTRA SPACE AND PUT THEM ALL AT 3.5FT.

SO THAT'S MORE THAN CODE COMPLIANT. YES, MA'AM.

GOOD MORNING. I JUST WANT TO HELP ANSWER ANY QUESTIONS TO ON THE COOKED PLANS.

THE LIFE SAVING PLANS HAVE BEEN REVIEWED. THE MEASUREMENTS BETWEEN THE TABLES AND INCLUDING WHERE THE CHAIRS ARE AND ARE NOT, HAVE BEEN CALCULATED AT THE REQUIRED WIDTH TO GET PEOPLE SAFELY IN AND OUT OF THE BUILDING.

THANK YOU FOR COMING FORWARD. AND YOU WERE SWORN IN.

AND JUST FOR THE RECORD, YOU ARE. YES, MA'AM.

I WAS SWORN IN. COREY DEMPSEY, YOUR DEPUTY FIRE CHIEF. THANK YOU, SIR.

MR. MCLEAN. SO THE BLUE, THE THREE BLUE. IT SAYS ONLY ONE LIVE ENTERTAINMENT LOCATION USED AT ONE TIME IN THE DISTRICT. YES, MA'AM.

SO IS THAT THE DISTRICT OR IS THAT IN? YEAH. SO? SO THIS. IF YOU FOLLOW IF YOU CAN SEE MY HAND HERE, IF YOU FOLLOW THIS LINE DOWN, THAT IS A CONTINUOUS WALL FROM OUTSIDE TO OUTSIDE.

SO EVERYTHING TO THE RIGHT OF THIS WALL IS THE AREA KNOWN AS THE DISTRICT.

THIS LITTLE ROOM BACK HERE IS CALLED STAFF ONLY.

BUT THIS AREA IS KNOWN AS THE DISTRICT THAT HAS THESE TWO LIVE ENTERTAINMENT SPACES THAT WE WOULD ONLY USE ONE OR THE OTHER.

WE WOULD NEVER USE THEM BOTH AT THE SAME TIME.

THEN WHEN YOU COME TO THE LEFT OF THAT WALL OR NORTH OF THAT WALL IS THIS AREA KNOWN AS THE ALLEY.

AND IT HAS ONE ENTERTAINMENT SPACE WITHIN THE ALLEY.

NOW, WE COULD HAVE SOME ONE IN THE DISTRICT PERFORMING AND SOME ONE IN THE ALLEY PERFORMING AT THE SAME TIME, BUT THAT'S TWO DIFFERENT DINING ROOMS. SO GOING TO THE ALLEY, WHAT'S THE SQUARE FOOTAGE OF THE ALLEY IS WHAT YOU JUST QUOTED ME, RIGHT? YES, MA'AM. FOR WHAT WAS THAT? THE SQUARE FOOTAGE OF THE ENTERTAINMENT SPACE IS JUST 15FT².

WHAT'S THE SIZE OF THE ALLEY? YOU'RE MAKING ME DRILL IN HERE.

LET ME SEE IF I'VE GOT IT ON HERE. THE SQUARE FOOTAGE.

OH, THERE IT IS. I HAVE TO DO THE MATH HERE REAL QUICK.

SORRY. FOUR 6780. 556, 550FT². IT'S A IT'S A SMALL DINING ROOM. OKAY.

AND THEN, SO THAT WALL IS GOING TO REMAIN. YES, MA'AM.

AT THE ALLEY. AND THEN THERE'LL BE THE ALLEY.

DINING ROOM. THAT IS THE ALLEY DINING. THAT THAT AREA IS IS THE ALLEY.

WHAT THE ALLEY WAS ORIGINALLY INTENDED TO BE WAS AN INCLEMENT WEATHER INDOOR DINING AREA.

IF WE HAD A NUMBER OF PATRONS OUT HERE IN THE MINI BAR AREA AND IT STARTED RAINING, BASICALLY A PLACE THAT SOME OF THEM COULD GO INSIDE.

YOU KNOW, WHEN YOU'RE AT AN OUTDOOR BAR AND IT STARTS RAINING, A LOT OF PEOPLE GO HOME. BUT WE WANTED TO HAVE A PLACE THAT THEY COULD GO INSIDE, ESPECIALLY IF THEY WERE IN THE MIDDLE OF A MEAL. THEY COULD PICK THEIR PLATE UP AND GO INSIDE. SO IT IS AN INDOOR DINING AREA? YES, MA'AM. OKAY, SO HOW MANY TABLES AND CHAIRS ARE IN THE ALLEY ITSELF? THE ALLEY ITSELF HAS FIVE TABLES. WITH 20 CHAIRS.

20. I'M SORRY, 22 CHAIRS. CAN YOU JUST SHOW ME THAT ON ON THIS? SO? SO RIGHT HERE, THE FOUR. THE FOUR FORCE. THERE'S ONE, TWO, THREE, FOUR, FOUR IS RIGHT HERE IS 16 PLUS THIS SIX TOP TABLE HERE BRINGS US TO 22.

AND THEN THE, THE NEXT TO IT THE BLUE SQUARE.

NO. THE ROOM NEXT TO IT THAT YOU'RE GOING TO HAVE.

THAT'S REALLY THE ALLEY. WELL, YEAH. SO THE DISTRICT.

SO YEAH, IF YOU COME TO THIS SIDE OF THE WALL, THIS BECOMES THE DISTRICT.

OKAY. THANK YOU. SO IN THE DISTRICT WE'VE GOT THESE FOUR TOP TABLES.

THESE ARE THESE ARE CASUAL SEATING FOR TOP TABLES.

THEY'VE GOT A LOW TABLE. JUST SOME CASUAL SEATING IN THERE.

THE ENTERTAINMENT AREA. WE TAKE A TABLE OUT WHEN WE DO THAT.

THIS IS A BANQUETTE THAT RUNS ALONG THE WALL.

THAT IS SET UP AS TWOS AND THREES THAT ARE JUST SOFT SEATING AND BANQUETTE SEATING ALONG THERE.

MOST OF THE FOOD SERVED IN THE DISTRICT ARE ALL SMALL PLATES, TAPAS AND THINGS LIKE THAT.

[02:15:01]

OKAY. AND THEN JUST WALK WITH ME OUTSIDE. YOU HAVE WHAT ARE THE CHANGES TO THE OUTSIDE MINIBAR, SO. WELL. THE KITCHEN. OKAY, SO THE KITCHEN, MINIBAR AREA.

THERE ARE NO CHANGES. NONE. NONE. AND WHERE IS THE KITCHEN? THE KITCHEN. THE PHYSICAL REPAIRS. THE FOOD RIGHT HERE.

THE PHYSICAL KITCHEN IS. IT'S ACTUALLY IN THE FERGUSSON BUILDING.

RIGHT. SO SAME PLACE AS BEFORE? YEP. NOTHING IS CHANGING FROM THE KITCHEN ASPECT.

NO, MA'AM. I MEAN, THE ENTIRE JUST OF THIS IS THIS SMALL SPACE RIGHT HERE.

THAT USED TO BE. YACHT CLUB SUBS IS NOW BEING INCORPORATED INTO THE DISTRICT.

OKAY. I'M SORRY. I'VE BEEN THERE. I'M FAMILIAR, BUT I HAVE NOT BEEN THERE RECENTLY.

SO. UNDERSTAND, I JUST NEED. I'M HERE FOR ANY CHANGES THAT WERE MADE.

I'M CERTAINLY HERE FOR PEOPLE TO VISIT THE SITE.

THANK YOU FOR ANSWERING THAT. FOR AT THIS TIME.

ANY OTHER QUESTIONS? COUNCIL PENMAN? A LITTLE BIT OF CONCERN ABOUT THE SOUND METERS THAT WE'RE WE'VE REQUIRED TO RELATIVE TO THIS.

I UNDERSTAND THAT THE PETITIONER IS TO PURCHASE ONE, BUT I HAVE IT WITH ME.

OKAY. WHO'S ACTUALLY GOING TO MONITOR THAT AND IS REQUIRED BY THE PREVIOUS APPROVAL THAT THAT THE MANAGER ON THE SENIOR MANAGER ON STAFF MANAGES THIS? IT'S A DECIMAL METER. IT'S A HANDHELD METER OKAY.

THAT YOU CAN YOU CAN PLACE IT ANYWHERE IN THE SPACE THAT YOU WANT.

THERE ARE REGULATIONS FOR HOW FAR FROM THE SPEAKER YOU NEED TO STAND.

AND YOU REGULATE THIS. SO IF IF SOMEBODY CALLED CODE ENFORCEMENT AND SAID, HEY, IT'S TOO LOUD OVER THERE, THE POLICE OR THE FIRE CAN WALK IN WITH THE MANAGER AND THEY CAN SHOW THEM THAT WE'RE WITHIN CONSTRAINTS.

OKAY. AND I'LL GET TO STAFF LATER AS TO WHETHER OR NOT ONE WILL DO.

THANK YOU. YES, MA'AM. OKAY. ANY OTHER QUESTIONS FOR THE PETITIONER? OH, VICE MAYOR. THANK YOU. MARK. APPRECIATE THIS.

I JUST HAD A FEW QUESTIONS. CITY COUNCIL HAD PREVIOUSLY APPROVED HOURS OF OPERATION FOR THE VARIOUS SEPARATELY NAMED BUSINESSES. RIGHT. YES, WE ALL UNDERSTAND THE CONCEPT.

AND THESE SPACES THE ALLEY, THE KITCHEN, THE DISTRICT SEPARATELY NAMED BUSINESSES.

SO THIS HAD COME BEFORE COUNCIL AND WE'VE APPROVED HOURS OF OPERATION.

THIS PETITION INVOLVES A CHANGE TO THE PREVIOUSLY APPROVED OPERATING HOURS.

PLEASE IDENTIFY WHAT CHANGES TO THE PREVIOUSLY APPROVED OPERATING HOURS ARE BEING REQUESTED.

AND THIS IS MORE FOR THE PUBLIC AND ABSOLUTELY HERE.

JUST BE VERY SPECIFIC ABOUT THE CHANGES TO WHAT WAS ALREADY APPROVED.

YES, SIR. SO WHAT I'VE DONE THERE IS I'VE TAKEN ALL OF THAT VERBIAGE, THE FOUR PARAGRAPHS OF VERBIAGE THAT OCCUR IN THE TWO RESOLUTIONS, AND I PUT THEM INTO THIS VERY SIMPLE CHART FOR US HERE.

SO YOU CAN SEE IF WE START AT THE TOP. THE TOP IS THE OUTDOOR DINING, THE BLUE SQUARE.

IT'S A LITTLE CUT OFF ON MY SCREEN, BUT THAT'S THE OUTDOOR DINING HOURS.

AND WE SAY THE KITCHEN. KITCHEN OPENS FROM 7 A.M.

TO CLOSE. AND DOWN HERE WE DEFINE CLOSE. CLOSE MEANS WHEN THE LAST DINING ROOM CLOSES, BECAUSE THE KITCHEN HAS TO BE AVAILABLE TO SERVE FOOD IN A DINING ROOM THAT'S OPEN.

SO THE KITCHEN OPENS UP AT 7 A.M. TO CLOSE THE MINI BAR.

THE OUTDOOR DINING OF THE MINIBAR. THERE'S THE HOURS FROM SEVEN ON MONDAY, 11 A.M.

TO 10 P.M. TUESDAY AND THURSDAY, 11 A.M. TO 10 P.M..

I'M SORRY. TUESDAY. WEDNESDAY. THURSDAY 11 A.M.

TO 10 P.M.. FRIDAY AND SATURDAY 11 A.M. TO 12 A.M..

OUR ADDITIONAL ASK HERE IS ONE ADDITIONAL HOUR.

SO THAT'S WHY I HIGHLIGHTED IN RED PLUS ONE HOUR FROM WHAT WAS PREVIOUSLY APPROVED.

PREVIOUSLY WE WERE APPROVED FROM 11 TO 11. WE'RE ASKING TO BE APPROVED FROM 11 TO 12.

ALL OF THE REMAINING WHITE BOXES FOR THE ALLEY ARE ALL THE SAME.

THE DISTRICT AND STAFF ONLY OUTDOOR ARE INDOOR AND OUTDOOR DINING.

THE ONLY REASON THAT WE LISTED THIS HERE IS BECAUSE THE OUTDOOR DINING FOR THE DISTRICT WAS NEVER PREVIOUSLY APPROVED.

THAT'S WHAT WE'RE HERE FOR TODAY, IS THAT NEW AREA THAT INCORPORATED THE YACHT CLUB SUBS.

WE NEED THE OUTDOOR DINING APPROVED FOR THE AREA KNOWN AS THE DISTRICT.

IF WE JUMP DOWN TO THE LIVE ENTERTAINMENT, IT'S THE SAME THING.

THE MINI BAR, THE OUTDOOR, THE OUTDOOR ENTERTAINMENT OF THE MINI BAR ALL REMAINS THE SAME.

WE'RE NOT ASKING FOR ANYTHING ELSE. THE ALLEY IN THE DISTRICT IS ALL NEW.

THAT'S WHY I PUT IT IN RED. THEY'RE ALL NEW, AND THOSE ARE THE HOURS THAT WE ARE REQUESTING THAT ARE SPELLED OUT IN THE RESOLUTION.

[02:20:05]

IT'S SAID FROM 10 A.M.. IT SAID FROM 11 A.M. TO 10 A.M., SO IT WAS KIND OF BACKWARDS.

SO ONCE WE GOT THAT FIXED, IT'S JUST THE 10 P.M.

AND THEN WE HIGHLIGHTED THE AREA DOWN HERE FOR THE AREA OF THE MINIBAR UP THE FOR ENTERTAINERS 12 TIMES A YEAR.

AND THAT'S BASICALLY YOU COULD COPY AND PASTE THAT GRID INTO CODE ENFORCEMENT.

AND THEY CAN LOOK AT IT EVERY SINGLE TIME IF ANYONE WOULD EVER CALL. AS FAR AS I KNOW, THERE'S NEVER BEEN ANY CALLS ON THE SPACE TO DATE.

OKAY. THANK YOU FOR THAT. YES, SIR. THE JUST A FEW MORE QUESTIONS.

JUST ONE QUESTION, THOUGH. IS THIS ONE OF THE SLIDES? YEAH, THIS THIS CAME OUT OF MY REBUTTAL SLIDES.

YES, MA'AM. SORRY. NO. NO PROBLEM. NO PROBLEM.

AND FOR CLARIFICATION, YOU'RE ASKING FOR FOR ENTERTAINERS TO PERFORM ON 12 SEPARATE DATES PER YEAR.

YES, SIR. AND THOSE DATES ARE NOT PREDETERMINED.

IN OTHER WORDS, THERE'S NOT AN ASK FOR THE CERTAIN DATES.

EXACTLY. SO LET. LET ME BE CLEAR ON THIS ONE.

A ONE OF THE 12 SEPARATE DATES. THOSE ARE SINGLE SEPARATE DATES.

AND THEY'RE CONSIDERED ONE DAY, NOT TWO OR MORE DAYS, TO MAKE UP A SINGLE CORRECT ONE OF THE 12 SEPARATE OCCASIONS. CORRECT. WE HAVE THE RIGHT FOR TWO.

WE PREVIOUSLY HAD THE RIGHT FOR TWO ENTERTAINERS BASED ON THE SCHEDULE IN FRONT OF YOU.

WE'RE ASKING MAINTAIN THAT SCHEDULE, BUT 12 TIMES A YEAR WE WOULD LIKE TO JUST PLUG FOUR ENTERTAINERS IN.

AND TO BE CLEAR, 12 TIMES PER YEAR IS INCREMENTS OF ONLY ONE DAY.

CORRECT. INCREMENTS OF ONE DAY AT A TIME. NOW, IF THEY IF THEY HAD A BAND OF FOUR THAT CAME IN THAT WAS REALLY EVERYBODY LOVED THEM AND THEY WANTED TO GO THURSDAY, FRIDAY, SATURDAY, SUNDAY, THAT WOULD BE FOUR DAYS.

THAT WOULD NOT BE ONE OCCURRENCE. THAT WOULD BE FOUR DAYS.

THAT'S WHAT ONE OF THE RESIDENTS WANTED ME TO CLARIFY.

YES, SIR. THANK YOU FOR THAT. NOW, ON THE WEST SIDE OF THE BUSINESS AND CONTIGUOUS AND MAYOR, YOU'VE MENTIONED IT. I BELIEVE IT'S 12TH STREET.

IS THERE A IS IT A NORTH OR SOUTH 12TH STREET? THAT IS ENTRANCES. THAT IS 12TH STREET. SOUTH.

SOUTH. SO ON THAT WEST SIDE OF THE BUSINESS, I'M GOING TO ASK YOU TO GO BACK TO THE DRAWING OF THE BUSINESS WITH THE PROPERTY LINES.

YES, SIR. OKAY. COULD YOU SHOW JUST SHOW US THE WEST PROPERTY LINE VERSUS THE FRONTAGE SETBACK LINE AND THEN DESCRIBE THE DISTINCTION BETWEEN THE TWO. SO THERE'S A. YEP. KIND OF MOVE ON UP.

THERE YOU GO. NOW WE'RE AT THE WEST SIDE. OVER THERE. IT'LL JUMP ON ME.

NO, NO, ACTUALLY, THIS MAY BE A BETTER PLACE TO SEE IT.

SO LET ME SCROLL THROUGH HERE A LITTLE BIT. THERE WE GO.

THAT DARKER LINE. SO THE DARKER LINE THAT RUNS HERE, THAT IS THE PROPERTY LINE.

OKAY. SO EVERYTHING PAGE UP FROM THAT LINE IS PRIVATE PROPERTY.

THAT'S EAST OF THAT IS PRIVATE. EAST OF THAT IS PRIVATE PROPERTY.

SO YOU CAN SEE WE'VE PUT THE TABLES AND CHAIRS IN THE PRIVATE PROPERTY AND LEFT THE PLANTERS OUT HERE IN THE PUBLIC WAY.

SO THANK YOU FOR THAT. SO WHEN WE, WHEN I WAS TOURING NOT WE, BUT WHEN I WAS LOOKING AT THIS WITH THE PETITIONER, I NOTICED THAT THERE'S A TREE OUT THERE PROVIDING SHADE IN ONE OF THE AREAS, AND I BELIEVE IT'S IN THAT AREA DESIGNATED AS FIVE AND FIVE. IT HAD SOME ASTROTURF. I COULD BE WRONG THAT THAT TREE IS IN THE CENTER.

ARE WE KEEPING THAT TREE FIRST? WE ARE GOING TO REMOVE THAT TREE.

AND IT IS NOT A STREET TREE. SO JUST. AND YOU GUYS KNOW THIS, BUT THAT'S THE SIDE WHERE THE SUN SETS.

YES, SIR. AND SO FROM ABOUT 1:00 ON, YOU'RE GOING TO BE RECEIVING A LOT OF SUN.

AND I'M SURE YOU'RE THINKING MAYBE ABOUT UMBRELLAS AND THOSE KIND OF THINGS.

IS THAT TREE A PRIVATE TREE, OR IS IT ONE OF THE CITY TREES THAT WERE REQUIRED AS PART OF THE LANDSCAPING FORMULA WHEN IT WAS PREVIOUSLY APPROVED? IT IS A PRIVATE TREE BECAUSE IT'S ON PRIVATE PROPERTY.

THE ANSWER OF IS IT REQUIRED BY THE LANDSCAPING PLAN? I DON'T HAVE AN ANSWER FOR THAT. WE NEED TO KNOW IF IT WAS PART OF THE LANDSCAPING PLAN THAT WAS PART OF THE APPROVAL PACKAGE.

YES, SIR. WHEN IT FIRST CAME BEFORE CITY COUNCIL, IF IT IS REQUIRED AS A STREET TREE, WE WILL WORK AROUND IT.

[02:25:02]

IN REFERENCE TO THAT. BUT WE WERE JUST TALKING ABOUT. IN THAT WEST SIDE THERE. WE'VE GOT THE CITY ON THE CITY RIGHT OF WAY.

THERE IS THE ACTUAL SIDEWALK. THAT'S THAT SERVICES THAT STREET.

YEAH. THERE'S A SIDEWALK OUT HERE THAT RUNS RIGHT ALONG THE EDGE OF THE PARKING AND THEN THE PLANTER, THEN OUR OUTDOOR DINING, AND THEN WE HAVE ANOTHER SIDEWALK IN ALONG THE BUILDING THAT'S REQUIRED.

OKAY. YEAH, I KIND OF JUST WANTED TO MAKE SURE THAT I WAS READING THAT PROPERLY, THAT THERE IS A SEPARATE SECTION THAT IS A SIDEWALK AND THAT THESE, THESE THE SEATING, THE SEATING AREA THAT WE'RE TALKING ABOUT HERE IS NOT GOING TO BE GETTING IN THE WAY, PER SE OF, OF YEAH, THERE WILL BE TWO SEPARATE. THERE'LL BE THE SIDEWALK ON THE OUTSIDE, THE OUTDOOR DINING AND THEN A, A WALKING PATH BETWEEN THE BUILDING AND THE OUTDOOR DINING TO GET EGRESS, INGRESS AND EGRESS OUT OF THE BUILDING.

OKAY. GOOD. THANK YOU. AND WHAT WHAT DIAGRAM SHOWS THAT THIS DIAGRAM HERE DOES.

I MEAN, IT SAYS K3. I WOULD AGREE IT'S A LITTLE DIFFICULT TO READ, BUT.

YES, JUST AND DOING WHAT'S THE SIZE, THE SIZE OF THE PATHWAY THAT YOU JUST.

WELL THE SIZE OF THE PATHWAY IS COMPLIANT BECAUSE IT'S OUTSIDE. SO FROM A LIFE SAFETY PERSPECTIVE WE JUST GOT TO BRING THE PEOPLE OUT THE DOOR.

THE PEOPLE THAT ARE ALREADY OUTSIDE HAVE TO GET TO THE COMMON WAY.

AND THEY COULD LITERALLY STEP OVER THE COUCH AND BEYOND THE COMMON WAY.

IF THERE IS A THREE FOOT WIDE MEASURED PATH HERE THAT MEETS THE CRITERIA, I'M SORRY, A 42 INCH WIDE PATH HERE THAT MEETS THE CRITERIA BETWEEN THIS OUTDOOR DINING SPACE AND THIS TWO TOP TABLE. BUT WE DO HAVE THE DIMENSION THERE THAT FIRE HAS SEEN FOR THE NORTH AND SOUTH EGRESS PATH.

SO THAT'S OUTDOOR DINING ON 12TH. YES, MA'AM.

OKAY. COMPLETE. OKAY. PERFECT. THANK YOU. WE'LL GO TO THE STAFF REPORT.

GOOD MORNING. GOOD MORNING. COUNCIL. ERIKA MARTIN, PLANNING DIRECTOR.

YOU HAVE BEFORE YOU TODAY A TWO COMPANION REQUEST.

THIS IS A LIVE ENTERTAINMENT REQUEST AND AN OUTDOOR DINING REQUEST.

THEY ARE BOTH MODIFYING EXISTING APPROVALS. THIS ESTABLISHMENT FIRST CAME BEFORE YOU CAME BEFORE YOU IN 2022.

AT THE TIME, IT WAS KNOWN AS THE KITCHEN. THE ORIGINAL APPROVAL WAS JUST FOR OUTDOOR DINING IN THE AN OUTDOOR AREA.

PREVIOUSLY A PARKING AREA. THEY TURNED INTO A RESTAURANT.

THE COOKING FACILITIES ARE INSIDE, BUT THE ENTIRE DINING OPERATION WAS IS WAS OUTDOOR AT THE TIME.

THEY DID RECEIVE OUTDOOR DINING APPROVAL. UNDER RESOLUTION IN 2022.

AND THEN LIVE ENTERTAINMENT APPROVAL BY RESOLUTION IN 2023, AND THOSE WERE BOTH FOR THE KITCHEN.

THE PETITIONER THEN RETURNED TO CITY COUNCIL FOR APPROVAL OF A REVISION TO THE APPROVED OUTDOOR DINING IN SEPTEMBER OF 2024.

IF YOU RECALL, AT THAT TIME, THEY CAME BEFORE YOU TO AMEND THE OUTDOOR DINING TO INCORPORATE ADDITIONAL DINING ROOMS INTO THIS CONCEPT.

THAT WAS THE KITCHEN. SO AT THE TIME WE INCORPORATED THE ALLEY DISTRICT, NOT IN THE CONFIGURATION THAT YOU SEE TODAY, BUT THE SMALLER CONFIGURATION OF THE DISTRICT.

AND THAT WAS ALL INCORPORATED INTO ONE AT THAT TIME.

THE APPROVAL WAS FOR 27 TABLES, 150 SEATS, 33 BAR STOOLS, AND 12 UMBRELLAS.

THERE WERE A NUMBER OF CONDITIONS THAT WERE PLACED ON THOSE APPROVALS. SO IN UNDER THAT 2023 RESOLUTION, I'M GOING TO TACKLE LIVE ENTERTAINMENT FIRST.

MY STAFF REPORTS ARE SEPARATE, SO I'LL DO THE LIVE ENTERTAINMENT PORTION FIRST WHEN THE LIVE ENTERTAINMENT WAS APPROVED IN 2023.

THERE WERE 15 CONDITIONS THAT WERE PLACED ON THAT APPROVAL.

THAT WAS THERE WAS A SOUND STUDY THAT THEY PREPARED.

THEY HAD PREPARED BY A CONSULTANT THAT WAS SUBMITTED TO SUPPORT THAT REQUEST AT THE TIME IN 2023.

THE MAJORITY OF THE CONDITIONS THAT YOU SEE THAT WERE PLACED ON THAT APPROVAL WERE RELATED TO THAT SOUND STUDY AND NOISE MITIGATION FACTORS.

SO YOU'LL SEE IN THE RESOLUTION THAT YOU HAVE BEFORE YOU TODAY FOR THIS REQUEST.

A NUMBER OF THOSE CARRIED OVER. THEY WE DO NOT HAVE AN UPDATED VERSION OF THE SOUND STUDY TO INCORPORATE WHAT THEY'RE ASKING FOR TODAY.

BUT WHAT THEY'RE ASKING TODAY IS THREE LOCATIONS FOR INDOOR LIVE ENTERTAINMENT.

SO THESE ARE IN PORTIONS OF THE RESTAURANT THAT WERE NOT PREVIOUSLY INCLUDED IN THEIR LIVE ENTERTAINMENT REQUEST.

SO YOU HAVE SHOWN IN BLUE ON THE PLAN BEFORE YOU HAVE THE THREE LOCATIONS OF INDOOR? WHEN WE SAY INDOOR. THAT MEANS THAT THE DOORS AND WINDOWS WILL BE CLOSED DURING THE TIME THAT THE ENTERTAINMENT IS GOING, SO YOU CAN'T HAVE THE DOORS AND WINDOWS OPEN. THEY WILL ALL BE CLOSED AND IT WILL BE CONTAINED WITHIN THOSE BUILDINGS.

[02:30:01]

THEY'RE REQUESTING TO INCREASE THAT TO 412 TIMES PER YEAR.

THOSE ARE THE CHANGES TO THAT. AND THEN I BELIEVE THERE'S A CHANGE TO THE HOURS THAT WAS IN THE TABLE.

YES, MA'AM. THAT WAS JUST PROVIDED TO YOU. THE CONDITIONS THAT YOU HAVE ARE THERE'S A NUMBER OF CONDITIONS RELATED TO NOISE DAMPENING MEASURES. THERE WAS THEY WERE ASKED TO ADD FAUX GREENERY TO SOME WALLS, INSTALL A LANDSCAPE HEDGE.

SO YOU'LL SEE IN THE RESOLUTION, THE WAY THAT WAS WORDED WAS THAT THE PETITIONER WILL DEMONSTRATE THAT THEY HAVE COMPLIED WITH THOSE CONDITIONS.

UNFORTUNATELY, THE RENDERINGS WHEN THEY SUBMITTED THE PLANS ORIGINALLY FOR THIS REQUEST, THE THEY WENT BACK AND FORTH WITH THE FIRE MARSHAL A NUMBER OF TIMES TO GET THE LIFE SAFETY PLAN CORRECTED. SO THE RENDERINGS THAT WERE SUPPLIED WERE NOT UPDATED TO MATCH THAT TABLE LAYOUT.

SO YOU HAVE RENDERINGS IN YOUR PACKET. I ENCOURAGE YOU TO LOOK AT THOSE ONLY FOR ESTHETIC PURPOSES.

THE TABLE LAYOUT THAT IS DEPICTED IN THOSE RENDERINGS IS NOT CONSISTENT WITH THE LIFE SAFETY PLAN THAT WAS APPROVED, BUT SO THEY'VE PROVIDED PICTURES TODAY TO DEMONSTRATE THAT THEY HAVE INSTALLED A NUMBER OF THE MEASURES THAT WERE ASKED FOR IN THAT 2023 RESOLUTION.

THERE WERE OTHER CONDITIONS RELATED TO YOU KNOW, NO DRUMS WILL BE PROHIBITED WITH THE EXCEPTION OF A STEEL DRUM.

THERE WERE YOU KNOW, WE'RE STILL RECOMMENDING THAT THAT BE MOVED FORWARD BECAUSE THAT CAME OUT OF THE THE DISCUSSION IN 2023 AND THE SOUND STUDY.

SO WE ARE PROPOSING OUR OWN LIST OF CONDITIONS, BUT MANY OF THEM ARE CARRIED OVER FROM THAT OTHER ONE.

THEY HAVE ATTESTED THAT ALL THE EXISTING SOUND CONTROL MEASURES WILL REMAIN UNCHANGED.

SO THEY DID EMPLOY A LOT OF THE IF NOT ALL OF THE REQUESTS IN 2023.

AND THEY REMAIN THEY ATTEST THAT THEY WILL KEEP THAT GOING.

AND THEN WE HAVE STANDARD CONDITIONS THAT WE APPLY ON ALL LIVE ENTERTAINMENT PETITIONS.

THIS WAS REVIEWED BY THE FIRE MARSHAL. AND WILL THE DEPUTY FIRE CHIEF ACTING AS THE FIRE MARSHAL? THEY DID APPROVE THE LIFE SAFETY PLAN FOR THE LIVE ENTERTAINMENT.

WE DID NOTICE THIS TO ALL PROPERTY OWNERS WITHIN 1000FT OF THE PROPERTY, AS OF THE DATE THAT THE REPORT WAS PUBLISHED.

WE HADN'T RECEIVED ANY COMMUNICATION. I HAVE SINCE BEEN MADE AWARE THAT COUNCIL HAS DIRECTLY RECEIVED COMMUNICATION.

SO I DON'T HAVE THOSE WERE NOT PROVIDED TO ME PRIOR TO THE PUBLICATION OF THE REPORT, BUT I HEAR THAT COUNCIL HAS RECEIVED.

SO WE'LL MAKE SURE THAT THOSE ARE INCORPORATED IN THE RECORD FOR THIS ITEM.

WE DID ALSO SEND THIS OUT FOR REVIEW NOT ONLY BY THE FIRE DEPARTMENT, BUT ALSO FROM CODE ENFORCEMENT AND POLICE.

WE DID RECEIVE FROM CODE ENFORCEMENT THAT TWO VIOLATIONS HAD BEEN ISSUED IN THE PAST 12 MONTHS FOR PORTABLE SIGNAGE IN THE RIGHT OF WAY.

THE PETITIONER DID VOLUNTARILY CORRECT THOSE THOSE ISSUES ON REQUEST.

THIS DIPS INTO A LITTLE BIT OF THE OUTDOOR DINING, BUT WE DO HAVE SOME SIGNAGE ISSUES WHICH WILL ALSO BE ADDRESSED IN THEIR PHOTOGRAPHS THAT THEY'VE PROVIDED. THE NEXT CONDITION FROM THE FIRE MARSHAL, THEY DID APPROVE THE LIFE SAFETY PLAN, BUT THERE IS A A CONDITION OF THAT APPROVAL AND THAT IS RELATED TO THE COMBINING OF THE THE UNITS THAT ARE THE DISTRICT AND YACHT CLUB SUBS.

THE LIFE SAFETY PLAN THAT THEY APPROVED SHOWS THOSE TWO COMBINED.

SO THE CONDITION THAT THE FIRE DEPARTMENT IS PLACED IS THAT WELL, TO A FIRE ALARM PERMIT MUST BE OBTAINED, INSPECTED AND FINAL INSPECTION APPROVED PRIOR TO THE LIVE ENTERTAINMENT COMMENCING.

AND THEN ALSO PRIOR TO IMPLEMENTING THE INDOOR LIVE ENTERTAINMENT, A BUILDING PERMIT MUST BE OBTAINED AND ALL WORK MUST BE COMPLETED AND FINAL INSPECTIONS APPROVED. AND THAT'S FOR THE COMBINING OF THOSE TWO UNITS.

SHOULD THE BUILDING PERMIT NOT BE OBTAINED OR THE FINAL INSPECTIONS NOT BE APPROVED, THE LIFE SAFETY PLAN APPROVAL WILL BE VOID.

SO THEY HAVE A BUILDING PERMIT IN. IT'S UNDER REVIEW RIGHT NOW.

I DON'T KNOW THAT THEY I WAS INFORMED IT WAS ISSUED THIS MORNING.

OH THIS MORNING. THERE YOU GO. SO I HAVEN'T SEEN IT MYSELF, BUT SOMEONE TOLD ME IT WAS OKAY.

SO THEY'LL HAVE TO DO THE WORK BEFORE THE LIVE ENTERTAINMENT CAN COMMENCE.

THEY'LL HAVE TO DO THE WORK AND GET THAT FINAL OUT.

SO THE CERTIFICATE OF COMPLETION BE ISSUED ON THAT, WHICH MEANS THAT ALL INSPECTIONS HAVE OCCURRED SO THAT THAT THAT WORK IS, IS COMPLETED. WE DID REVIEW THIS AGAINST THE LIVE ENTERTAINMENT CRITERIA AND FOUND THAT SUBJECT TO THE CONDITIONS THAT WE'RE SUGGESTING, THE STANDARDS HAVE BEEN MET.

THERE ARE OTHER EXISTING ESTABLISHMENTS THAT HAVE LIVE ENTERTAINMENT WITHIN THE VICINITY NOTABLY THE AC MARRIOTT BAMBOO TROPICAL BAR AND GRILL THAT'S IN NOT PART OF, BUT IN THE BAYFRONT COMPLEX AND THEN ALSO SALOON, A RESTAURANT WHICH IS IN 403 BAYFRONT PLACE HAS LIVE ENTERTAINMENT AS WELL.

SO THE CONDITIONS THAT WE HAVE PROVIDED TO YOU ARE, LIKE I SAID, THE MAJORITY CARRIED OVER FROM THE PREVIOUS CONDITION OR THE

[02:35:06]

IF YOU'D LIKE. I CAN GO THROUGH THOSE CONDITIONS. THERE ARE 17 OF THEM.

BUT IT MIGHT BE HELPFUL. AND THEN THEY CAN ADDRESS HOW THEY HAVE, OR THEY CAN PROVIDE HOW THEY'VE ADDRESSED THOSE.

SO THE FIRST CONDITION IS JUST THAT THE LIVE ENTERTAINMENT IS LIMITED TO THE LOCATIONS PROVIDED ON THE LIFE SAFETY PLAN.

THE NEXT IS THAT INDOOR LIVE ENTERTAINMENT WILL BE LIMITED TO THREE DESIGNATED LOCATIONS AND A MAXIMUM OF TWO INDOOR PERFORMERS, ONE PERFORMER IN THE ALLEY AND ONE PERFORMER IN THE DISTRICT PERFORMING AT A TIME.

SO THOSE THEY HAVE COMMITTED, THAT WAS A VOLUNTARY COMMITMENT ON THERE SO THAT THOSE TWO LOCATIONS WILL NOT PLAY AT THE SAME TIME.

IT WILL BE ONE OR THE OTHER. AND THEN OUTDOOR LIVE ENTERTAINMENT WILL BE LIMITED TO A MAXIMUM OF TWO PERFORMERS, ALLOWING UP TO FOUR PERFORMERS ON NO MORE THAN 12 OCCASIONS PER YEAR, AND ONLY ONE OF THE OUTDOOR ENTERTAINMENT AREAS WILL OPERATE AT A TIME, SO YOU WON'T HAVE ENTERTAINERS COMPETING WITH EACH OTHER IN THAT OUTDOOR AREA.

NEXT IS THE SOUND CREATED BY THE LIVE ENTERTAINMENT WILL BE MANAGED AS OUTLINED IN THE ACOUSTICAL EVALUATION OF AMPLIFIED MUSIC FOR THE KITCHEN, PREPARED BY RLM ACOUSTICS LLC AND DATED 221 2023.

COPIES OF WHICH ARE ON FILE IN THE CLERK'S OFFICE AND SHALL NOT CAUSE NOISE AS DEFINED IN SECTION 2237 OF THIS CODE.

SO WE THINK THE SOUND STUDY STILL APPLIES, AS IT WAS THE BASIS OF APPROVAL FOR THE FIRST LIVE ENTERTAINMENT PERMIT.

AND THE CHANGES THAT THEY'RE MAKING DON'T AFFECT THAT.

THAT STUDY AND THE FINDINGS IN THAT STUDY. SO WE'D LIKE TO MAINTAIN THAT THAT STILL BE APPLICABLE TO THIS.

THE NEXT WOULD BE THE DRUMS WILL BE PROHIBITED EXCEPT FOR A STEEL DRUM.

NUMBER SIX THE PETITIONER WILL DEMONSTRATE THAT LANDSCAPE HEDGES HAVE BEEN ADDED TO BUFFER AND SELF CONTAIN THE SOUND FROM OPERATIONS AND THE LIVE ENTERTAINMENT I THINK THEY'VE PROVIDED IN THE PHOTOGRAPH INSTANCES WHERE THOSE HAVE BEEN.

SEVEN. THE PETITIONER WILL DEMONSTRATE THAT THE MAJORITY OF THE EXTERIOR WALLS INTERNAL TO THE PROJECT HAVE BEEN COVERED IN FAUX GREENERY MATERIALS TO HELP SUBSIDE NOISE TRANSFER AND CREATE A BETTER ACOUSTIC ENVIRONMENT. I THINK THAT'S ALSO INCLUDED IN THEIR PHOTOGRAPHS.

EIGHT ALL LIVE ENTERTAINMENT SHALL BE PLAYED THROUGH THE PERMANENT SPEAKER SYSTEM LOCATED AT THE PROPERTY, TO REGULATE THE MAXIMUM DECIBEL OF SOUND BEING PRODUCED, AND SHALL BE CONTROLLED THROUGH ONE LOCATION AND MANAGED BY A MANAGER ON STAFF WHO SHOULD BE THE ONLY ONE WITH ACCESS TO THE CONTROL CENTER.

SO YOU DON'T HAVE STAFF IN EACH OF THESE ESTABLISHMENTS CONTROLLING EACH OF THEM, IT'S GOING TO BE CENTRALLY CONTROLLED.

NINE THE TWO MAIN LOUDSPEAKERS WILL BE TWO WAY LOUDSPEAKERS WITH A 15 INCH A LEFT DRIVER, AND HAVE A 90 BY 50 OR TIGHTER COVERAGE PATTERN BE SET AT A HEIGHT NOT TO EXCEED SIX FEET AND BE PLACED EIGHT FEET APART IN EITHER THE FRONT LOCATION ON THE SOUTH SIDE OF THE BUS.

THE VOLKSWAGEN BUS, LOCATED ON THE NORTH SIDE OF THE PROPERTY, FACING SOUTH SOUTHWEST, OR THE SIDE LOCATION ON THE WEST SIDE OF THE DINING AREA FACING EAST, AS SHOWN IN THE PLANTS NUMBER TEN. PERFORMERS WILL BE REQUIRED TO PLUG INTO THE HOUSE SYSTEM, WHICH WILL HAVE AN EQUALIZER AND A LIMITER THAT WILL CONTROL THE OUTPUT SUCH THAT THE SOUND LEVELS WILL NOT EXCEED 80 DBA WHEN MEASURED 25FT IN FRONT OF THE SPEAKERS, AND LOW FREQUENCY SOUND LEVELS CAN BE CONTROLLED IF NEEDED.

IT SHOULD BE NOTED BASS CONTROL. IT SHOULD BE NOTED THAT THIS IS APPROXIMATELY 5 TO 10 DBA LOUDER THAN THE MUSIC WOULD NORMALLY BE PLAYED FOR PATRON COMFORT DURING DINING, AND THEN 11 LIVE MUSIC WILL ALSO BE PLAYED THROUGH SMALLER SPEAKERS, EIGHT INCHES IN DIAMETER, LOCATED IN THE CEILING OF THE COVERED OUTDOOR DINING AREA AND IN THE PLANTERS AROUND THE OUTER SEATING AREA, AT AN AVERAGE SOUND LEVEL OF LESS THAN 75 DBA IN THE SEATING AREA AREAS NEAR THE LOUDSPEAKERS.

IT SHOULD BE NOTED THAT THIS IS APPROXIMATELY 5 TO 10 DBA LOUDER THAN THE MUSIC WOULD NORMALLY BE PLAYED FOR PATRON COMFORT IN THESE AREAS.

THAT WAS AT THE TIME. REMEMBER, THIS WAS ONLY APPLICABLE TO THE OUTDOOR DINING AREA THAT WAS THE KITCHEN, SO THAT DID NOT CONTEMPLATE ANY SPEAKERS IN THE TABLES OR THE OUTDOOR DINING AREA THAT THEY'RE PROPOSING NOW ON 12TH.

THAT WAS ONLY APPLICABLE TO THE KITCHEN AREA IF WE WOULD NOT PUT ANY LIVE ENTERTAINMENT OUTSIDE ON 12TH, IF WE NEED TO CLARIFY THAT. SO THIS BUT NO SPEAKERS.

NO, THIS IS THERE'S NO THERE'S NO SPEAKERS ON 12TH.

OKAY. WE DO HAVE TWO. RIGHT. OKAY. SORRY, SORRY.

THIS IS CHRIS LEE. HE'S THE GENERAL MANAGER. THERE ARE TWO SPEAKERS IN THE SOFFIT OF THE DISTRICT RIGHT NOW THAT HAVE BEEN THERE ALL ALONG THAT WERE PART OF THE ORIGINAL APPROVAL.

SO THOSE TWO SPEAKERS WILL STAY. AND IF THAT IS JUST NOT LIVE ENTERTAINMENT, BUT JUST MUSIC THAT THEY'RE PLAYING THROUGH, THAT'S OKAY. BUT IF THOSE SPEAKERS THEN AMPLIFY THE LIVE ENTERTAINMENT.

THAT'S AN ISSUE. WE JUST WON'T PLUG THE LIVE ENTERTAINMENT INTO IT.

THAT'S NO PROBLEM. WE HAVE THE ABILITY TO CONTROL THAT. OKAY. THANK YOU.

THANKS. AND THEN THE PETITIONER WILL DEMONSTRATE THAT THEY HAVE INSTALLED AND MAINTAINED A TYPE TWO OR BETTER SOUND LEVEL METER AND A CALIBRATOR.

RESTAURANT MANAGEMENT STAFF WILL MEASURE THE SOUND LEVELS TO CONFIRM THAT THE ABOVE NOTED SOUND LEVELS ARE BEING MAINTAINED ON THE SITE.

CAN I USE THAT? NUMBER 13, YOU JUST READ. DID I SKIP ONE? I KNOW, I JUST. YES. THAT WAS NUMBER 13. THANK YOU.

[02:40:01]

YOU REALLY DON'T INSTALL IT? SURE. OKAY. THANK YOU.

AND THEN NUMBER 14, SUBWOOFERS AND PERCUSSION INSTRUMENTS OTHER THAN STEEL DRUMS WILL NOT BE PERMITTED.

AND THEN NUMBER 15. NUMBER 15. ALL AMPLIFIED MUSIC SHALL COME FROM PERMANENT SPEAKERS INSTALLED ON THE PROPERTY THAT ARE ORIENTED TOWARD THE PROPERTY AND AWAY FROM SURROUNDING PROPERTIES. VOLUME CONTROLS MUST BE INSTALLED ON ANY OUTDOOR AMPLIFICATION EQUIPMENT TO LIMIT NOISE TO THE LEVEL SPECIFIED IN SECTION 2237 OF THE CODE OF ORDINANCES, ACCESS TO THE CONTROL SHALL BE CENTRALIZED, LOCKED AND ACCESSIBLE ONLY TO THE MANAGER ON DUTY OR THEIR DESIGNEE, AND THERE SHALL BE SUCH A MANAGER OR DESIGNEE ON SITE AT ALL TIMES.

THE RESTAURANT IS OPEN. EQUIPMENT, PRODUCT SPECIFICATIONS AND A LAYOUT PLAN MUST BE PROVIDED TO STAFF PRIOR TO INSTALLATION.

NUMBER 16 THE OWNER SHALL INSTALL AND MAINTAIN A PERMANENT SET OF OUTDOOR AMPLIFICATION EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, SPEAKERS AND AMPLIFIERS, FOR USE BY ALL ARTISTS WHEN PLAYING. ALL ARTISTS PLAYING WITHIN THE PERMITTED AREA.

ALL MUSIC SHALL COME FROM SET ONSITE EQUIPMENT AND NO OUTSIDE AMPLIFICATION EQUIPMENT MAY BE BROUGHT IN.

DIRECTIONAL SPEAKERS SHALL BE ORIENTED TOWARD THE SUBJECT PROPERTY AND AWAY FROM THE SURROUNDING PROPERTIES. THE OWNER SHALL PROVIDE A LIST OF EXISTING OR NEWLY INSTALLED EQUIPMENT AND SPECIFICATION SHEETS, INCLUDING A SITE PLAN FOR STAFF REVIEW PRIOR TO INSTALLATION AND OPERATION OF THE AREA.

YOU'RE GOING TO SEE AS WE CONTINUE THIS DAY WHERE YOU HAVE MANY LIVE ENTERTAINMENT PERMITS FOR YOU.

THOSE TWO CONDITIONS. THE ONE I JUST READ IN THE PREVIOUS ONE ARE YOU'RE GOING TO SEE THOSE AS PRETTY STANDARD CONDITIONS THAT WE'RE GOING TO PLACE ON ALL LIVE ENTERTAINMENT.

SO THOSE ARE NOT SPECIFIC TO THIS REQUEST. IT WASN'T ANYTHING THAT THEY WERE ASKING FOR THAT, YOU KNOW, SAID THAT. BUT THOSE THOSE ARE GOING TO BECOME STANDARD CONDITIONS JUST TO ENSURE THAT YOU DON'T HAVE, YOU KNOW, A BAND THAT SHOWS UP THAT HASN'T PLAYED HERE BEFORE, AND THEY BRING IN ALL THEIR OWN EQUIPMENT, AND ALL OF A SUDDEN WE DON'T HAVE THE ABILITY TO CONTROL THEIR AMPLIFICATION. AND THEN 17 CITY COUNCIL WILL REVIEW THIS LIVE ENTERTAINMENT PERMIT APPROXIMATELY SIX MONTHS FOLLOWING THE DATE OF APPROVAL, AND MAY REVOKE OR ALTER THE APPROVED PERMIT OR IMPOSE ADDITIONAL CONDITIONS AT THAT TIME.

AND THAT'S A STANDARD CONDITION THAT'S IN YOUR CODE.

AND FOR THE RECORD, WE HAVE NO OBJECTION TO ANY OF THE CONDITIONS.

SO AND DID YOU BEFORE I MOVE ON TO OUTDOOR DINING, DID YOU WANT TO SHOW ANY OF THE.

YEAH, SURE. SO SO THE DEMONSTRATION PORTION OF IT THAT MISS MARTIN WAS POINTING OUT WAS YOU CAN SEE IN THIS IMAGE HERE THE GREENERY ALONG THE WALL.

SO WE INSTALLED THE FAUX GREENERY THERE AND ALL THE OTHER PLACES THAT WE COULD POSSIBLY DO TO KIND OF CONTAIN THE SOUND WITHIN THE SPACE.

BUT AGAIN, IT'S A DECIBEL READING THING. WITHIN THE SPACE YOU CAN SEE THE HEDGES.

THEY SAY THE HEDGES HAVE TO BE AT LEAST SIX FEET TALL.

THEY'RE AS TALL AS THE MINIVAN. ARE SOME OF THE SIGNS THERE WAS AN ISSUE WITH THE SIGNAGE WAS BEING DONE WITHOUT THE PERMITS IN PLACE.

THE PERMITS ARE IN PLACE. SO I TOOK A COUPLE OF PICTURES OF THE PERMITS. WE THEY WEREN'T AT THE TIME OF MISS MARTIN'S REPORT, BUT THEY'RE IN PLACE NOW. SO WE'VE GOT THE PERMIT STRAIGHTENED UP AGAIN.

THIS WAS SOME GREENERY HERE. OOPS. ADDITIONAL GREENERY HERE.

THE THE SHARK THAT'S ON WE GOTTA GO THROUGH. OH, I DIDN'T SAY.

I CAN WRAP IT UP REAL QUICK. THE SHARK HAD THE MINIVAN SIGNAGE ON IT AND WAS NOT ALLOWED TO.

SO YOU CAN SEE WE'VE TAKEN IT OFF. SO WITH WITH THOSE THINGS, WE'VE COMPLIED WITH ALL OF MISS MARTIN'S REQUESTS SO I CAN KIND OF GET OUT OF THE WAY.

AND THAT WHAT HE WAS SPEAKING ABOUT WITH THE SIGNAGE WAS PART OF YOUR OUTDOOR DINING REQUEST.

SO I'LL GO THROUGH THE OUTDOOR DINING REQUEST THAT YOU HAVE BEFORE YOU TODAY, MISS MARTIN, BEFORE YOU CONTINUE. MAYOR, CAN I ASK A FEW QUESTIONS ON THE CONDITIONS FOR THE LIVE ENTERTAINMENT? YEAH. OKAY.

I JUST WANT TO GET SUPER CLEAR FOR THE RECORD, THAT SPECIFICALLY NUMBER FIVE JOBS WILL BE PROHIBITED, EXCEPT FOR STEEL DRUM THAT THE PROPERTY OWNER OR HIS AGENT HAS NO OBJECTION TO THAT.

NO. NO OBJECTION TO THE DRUMS NOT BEING ALLOWED.

NO OBJECTION. SAME WITH 14 SUBWOOFERS AND PERCUSSION INSTRUMENTS OTHER THAN STEEL DRUMS WILL NOT BE PERMITTED.

NO OBJECTION. THEN I JUST HAVE A QUESTION, BECAUSE THERE IS A LOT OF CONDITIONS HERE AND I JUST WANT TO PUT THIS OUT THERE.

TEN AND 11 HAVE DBAS THAT SAYS WILL NOT EXCEED, BUT THEN 15 REFERENCES ARE CODE I SUGGEST AT TEN AND 11.

I'LL ALSO REFERENCE OUR CODE. JUST SO THAT THERE'S NO SO THAT THERE'S CLARITY ON 8075.

IF OUR CODE SAYS SOMETHING ELSE, I JUST DON'T WANT THERE TO BE CONFUSION ON WHAT CONDITION APPLIES.

ADDITIONALLY, I HEARD THAT THERE WERE SPEAKERS THAT WERE FACING 12TH, THAT AMPLIFICATION WOULD JUST NOT BE PLUGGED INTO.

BUT SOME OF THESE CONDITIONS REQUIRE A CENTRALIZED SYSTEM THAT ALL SPEAKERS ARE CONNECTED TO.

WHICH MEANS THERE'S ONE VOLUME CONTROL. SO I JUST WANT TO UNDERSTAND HOW YOU WON'T CONNECT TO ONE SET OF SPEAKERS IF THE CONDITION IS THEY'RE ALL SUPPOSED TO BE CONNECTED, THE SPEAKERS ALL COME IN AND DUAL SETS IN THE BACK OF THE AMPLIFIER, SO THEY'RE ALL EACH SET OF SPEAKERS CAN BE INDIVIDUALLY CONTROLLED, OR YOU CAN HIT A BUTTON THAT SAYS ALL ON. YOU CAN SAY TURN OFF, SET 12, TURN OFF, SET FOUR SO YOU CAN MANAGE THE SETS OF SPEAKERS AS NEEDED.

OKAY, THAT WAS IT, MAYOR. THANK YOU. THANK YOU, VICE MAYOR.

[02:45:04]

OTHER CONDITIONS. MY QUESTION IS, IS ON THE 17 CONDITIONS THAT YOU REFERENCED.

THAT WAS PART OF A PREVIOUSLY APPROVED PROJECT.

COULD YOU TELL ME THE PROJECT NAME? THE PETITION NAME AND DATE THAT THOSE APPLIED TO? YEP. SO THAT WAS THE KITCHEN. IS WAS THE ESTABLISHMENT THAT IT WAS TIED TO.

AND THE LIVE ENTERTAINMENT THAT WAS APPROVED IN 2023 WAS PETITIONED 22 LR ONE.

AND ITS RESOLUTION 2023 15090. GOT IT. AND I THINK THE REASON AND I BECAUSE I WENT BACK AND LOOKED INTO THIS, THE REASON YOU HAVE A DISCREPANCY IN THE THE DECIBELS IS, IS THE POINT OF MEASUREMENT. SO THE SOUND STUDY REFERENCED A DIFFERENT POINT OF MEASUREMENT, AND OUR CODE REFERENCES A DECIBEL LEVEL AT A DIFFERENT POINT.

THANK YOU. ANY OTHER QUESTIONS? ANY. OTHER QUESTIONS FOR STAFF? THANK YOU. COUNCIL MEMBER PETRINO. AND I DO HAVE THE WHOLE OUTDOOR DINING REPORT.

THANK YOU. THERE MAY BE MORE. YOU KNOW, JUST IN GENERAL, WE'RE LOOKING AT INTENSIFYING THIS A LITTLE BIT BY ADDING MORE MUSIC, ADDING, POSSIBLY EXTENDING HOURS, ETC.. BUT I WANT TO TAKE A STEP BACK, GIVEN WHAT THESE THINGS ARE AND AND WHAT THEY REALLY ARE.

I ALMOST FEEL LIKE WE'RE OPERATING, AS WITH EMPERORS HAS NO CLOTHES.

BECAUSE I THOUGHT I HAD HEARD IN THE LAST MEETING THAT BARS ARE PROHIBITED FROM THIS ZONING DISTRICT.

IS THAT CORRECT? THAT IS CORRECT. A COCKTAIL LOUNGE WHICH DOESN'T DISTINGUISH BETWEEN BEER, WINE, WHATEVER. A COCKTAIL LOUNGE, WHICH THE DEFINITION IS THAT MORE THAN 50%.

SO 51% OR MORE OF YOUR REVENUE IS THROUGH THE SALE OF ALCOHOLIC BEVERAGES AND NOT FOOD.

SO THAT WOULD BE A COCKTAIL LOUNGE IS NOT A PERMITTED OR CONDITIONAL USE IN THIS IN THIS ZONING DISTRICT.

AND I BELIEVE WE GAVE THEM A PASS BECAUSE WE SAID WE DON'T MONITOR ANYBODY ELSE.

YOU KNOW, WHICH I YOU KNOW, I DON'T KNOW IF THAT'S REALLY WE'RE SORT OF, YOU KNOW, I THINK ABSCONDING ON ON OUR WHAT OUR DUTIES ARE ON UPHOLDING OUR, OUR CODES OR IGNORING OUR, OUR ZONING CODES, ETC., IS THAT GIVEN THAT, YOU KNOW, WHEN I LOOKED AT THE WEBSITE ON THE DISTRICT SUSHI BAR YOU HAD FIVE SPECIALS A WEEK AND THREE OF THEM ARE COCKTAILS ON THE MINI BAR.

IT'S CALLED THE MINI BAR, AND IT HAS A BOTTLE OF BEER IN THE SIGN.

IT ALSO HAS FIVE OUT OF SEVEN TIMES A WEEK ARE ALCOHOL SPECIALS, AND THEN THE ALLEY IS SIMPLY A SPORTS BAR.

AND THE STAFF ONLY IS A HIDDEN SPEAKEASY WITH AN INTIMATE PROHIBITION ERA ESCAPE.

YOU KNOW, DESCRIBED. SO IT'S HARD FOR ME TO CLOSE MY EYES AND SAY, THIS IS NOT THIS IS NOT A BAR.

AND IF WE BELIEVE THAT IT'S A BAR AND IT'S A PROHIBITED USE, WHAT ARE OUR DUTIES HERE? AND, YOU KNOW, AS OUR PLANNING DIRECTOR, IS THAT TROUBLING IT ALL TO YOU? SO I WILL SAY THAT WHEN THIS CAME BEFORE YOU IN 2024, IT WAS FOLLOWING A YEAR OR MORE LONG PERIOD OF REVIEW UNDER WHICH STAFF HAD SIMILAR CONCERNS.

THE RESOLUTION WAS TO BRING IT TO COUNCIL AND SEE IF COUNCIL AGREED WITH OUR, OUR INTERPRETATION OR OUR OUR VIEW OF THIS COUNCIL DID NOT. THERE WERE A NUMBER OF CONDITIONS ON THAT.

THE CONDITIONS OF APPROVING THIS ESTABLISHMENT AS IS.

WAS THAT A COMPREHENSIVE OPERATIONAL PLAN DESCRIBING HOW ALL FOOD AND BEVERAGE SPACES, INCLUDING THOSE CURRENTLY IDENTIFIED AS AT THE TIME, THE KITCHEN DISTRICT AND THE ALLEY, WILL OPERATE AS A SINGLE ESTABLISHMENT, AS APPROVED BY STAFF.

SECOND, THE SPACE IS CURRENTLY IDENTIFIED AS THE KITCHEN DISTRICT, AND THE ALLEY MUST OPERATE UNDER A SINGLE BUSINESS TAX RECEIPT.

THREE ALL SIGNAGE MUST REFLECT TO THE PUBLIC THAT THE FOOD AND BEVERAGE OPERATIONS IN ALL INDOOR AND OUTDOOR DINING SPACES ARE ONE SINGLE RESTAURANT ESTABLISHMENT AND NEW SIGN PERMITS WOULD BE REQUIRED. AND THEN THERE WAS APPROVAL OF THE HOURS OF OPERATION FOR EACH OF THOSE COMPONENTS OF THIS.

SO I THINK NOW IT IS NO LONGER THE THE, THE UMBRELLA NAME FOR THE ESTABLISHMENT IS NO LONGER THE KITCHEN,

[02:50:04]

AND WE CAN IGNORE THIS LIKE WE WE CHOSE TO IGNORE IT IN, YOU KNOW, THE LAST TIME IT CAME UP IN FRONT OF US.

BUT TO ME, THIS IT'S VERY CLEAR THESE ARE THE MOST OF THESE ARE A BAR, OUR BARS.

AND WE'VE GOT A DISCONNECT WITH WHAT IS IN OUR CODE.

SO WE EITHER DECIDE, YOU KNOW WHAT BARS ARE, OKAY, WE CAN HAVE THEM IN HERE, AND WE GO THROUGH THE THOUGHT PROCESS AND MAKE THE ZONING CHANGES. OR BECAUSE WE'RE TALKING ABOUT AN EXPANSION OF THIS THING, THESE, THESE THINGS THAT I, THAT I BELIEVE ARE BARS. AND SO IT'S NOT ALLOWED IN OUR CODE.

IT'S, IT'S EVEN BIGGER AND IT'S STILL NOT ALLOWED IN OUR CODE.

AND I DON'T KNOW HOW WE RECONCILE THAT OTHER THAN HAVING A DISCUSSION ON WHETHER OR NOT TO ADD THESE IN OR TO YOU KNOW, TO MANAGE THIS BECAUSE, YOU KNOW, IF I WERE OPENING AN OPERATION NEAR HERE, I'D WANT THE SAME THING.

YOU KNOW, IT'S A BETTER PROFIT MARGIN ON LIQUOR.

AND, YOU KNOW, IT'S A DO WE WOULD WE WANT TO DENY THAT? I MEAN, HOW COULD WE DENY THAT IF WE ARE IGNORING THIS? AN OUTDOOR DINING PURSUANT TO YOUR CODE. OUTDOOR DINING IS ONLY AVAILABLE.

OR I'M JUST TALKING ABOUT LIQUOR. WELL, I'M SAYING OUTDOOR DINING IS ONLY ALLOWED ACCESSORY TO A CONVENTIONAL RESTAURANT.

SO YOU CAN'T HAVE OUTDOOR DINING WITH RELATION TO A COCKTAIL BAR.

SO KEEP THAT IN MIND. SO OUTDOOR DINING CAN ONLY BE APPLIED FOR FOR A CONVENTIONAL RESTAURANT.

SO I THINK WHERE THE THE RESOLUTION WAS IN 2024.

AND I DON'T MEAN RESOLUTION CAPITAL R WITH, YOU KNOW THE DOCUMENT AND RESOLUTION.

I MEAN THE THE SOLUTION THERE IN 2024 WAS THAT THIS ENTIRE ESTABLISHMENT HAD TO BE CONSIDERED ONE CONVENTIONAL RESTAURANT WITH OUTDOOR DINING, MEANING THAT 51% OR MORE OF THEIR TOTAL REVENUE IS DERIVED FROM THE SALE OF FOOD AND ALCOHOLIC BEVERAGES.

THAT'S A REALLY, REALLY, YOU KNOW, IMPORTANT PIECE THAT YOU BRING UP.

MISS MARTIN, I YOU KNOW, I CONTINUE TO STRUGGLE WITH THIS YOU KNOW, THIS FACT.

I THINK IT'S FUN. I THINK IT'S GREAT. I THINK THEY'RE THERE, YOU KNOW, FOUR GREAT BARS THAT SERVE A LITTLE BIT OF FOOD.

AND I THINK THAT IT IS ABSOLUTELY PROHIBITED IN THIS ZONING CODE.

SO YOU KNOW, AND WE CAN CHOOSE TO CONTINUE TO IGNORE IT AND, AND GIVE OURSELVES AN OUT AND SAYING WE DON'T MEASURE ANYBODY ELSE'S REVENUE.

SO WE'RE NOT GOING TO DO THIS ONE. BUT, YOU KNOW, THESE WEBSITES AND THE WAY THAT IT'S ADVERTISED AND THE WAY THAT THE LAYOUT IS OF THESE ENTITIES, YOU KNOW, YOU YOU CANNOT, YOU YOU CANNOT AS A RATIONAL PERSON CANNOT LOOK AT THIS AND SAY, THIS IS NOT A THESE ARE NOT BARS, OR MOST OF THEM ARE NOT BARS.

AND YOU CAN'T LOOK AT THE PROMOTIONS THAT ARE GOING ON AND SAY, THIS IS NOT, YOU KNOW, IF IT LOOKS LIKE A DUCK AND SMELLS, YOU KNOW, WALKS LIKE A DUCK, IT'S IT'S A DUCK.

AND I BELIEVE THIS IS A DUCK AND THAT DUCK IS A BAR.

SO THAT'S WHERE, YOU KNOW, EVEN WE'RE INTENSIFYING SOMETHING THAT ISN'T ALLOWED.

SO THAT'S MY COMMENT. THANK YOU. THANK YOU, VICE MAYOR.

YEAH. THANK YOU. THIS IS FOR THE CITY ATTORNEY.

SO WE'RE COMBINING THESE. WE'RE LISTENING TO THESE, AND WE'RE DISCUSSING THESE TWO SEPARATE AGENDA ITEMS. AS WE LOOK AT THESE TWO SEPARATE AGENDA ITEMS, D AND E, THEY'RE BOTH RESOLUTIONS.

AND IN THE MATERIAL, IF IT'S THE WILL OF COUNCIL TO DENY THIS PETITION, 11 E SAYS IF WE DENY IT, IT FAILS TO MEET THE FOLLOWING CRITERION STANDARDS UNDER SECTION 50 6-1 26, SUBSECTION D, SUBSECTION TWO OF THE LAND DEVELOPMENT CODE COUNCILWOMAN PETRONAS WAS TALKING ABOUT THE DEFINITION OR OF A BAR, BASICALLY. IS IT WITHIN OUR PURVIEW TODAY, AS THIS ITEM SETS BEFORE US ON THE AGENDA TO DENY REQUEST BASED ON THINGS THAT ARE NOT BEING PART OF THE AGENDA, THOSE ITEMS THAT SHE'S DISCUSSING, AND SHE MAY BE RIGHTFULLY SO DISCUSSING.

BUT IF WE DENY THE REQUEST, IS IT WITHIN OUR PURVIEW AS PART OF THE DENIAL SPECIFICATIONS AS DESCRIBED IN OUR AGENDA? MAY I JUST TAKE A MINUTE AND REVIEW THE CRITERIA FOR LIVE ENTERTAINMENT AND ENTERTAINMENT.

[02:55:04]

CORRECT. LIKE, STAFF HASN'T GONE THROUGH D YET, SO I'LL JUST IF I'M.

AND I'M NOT SURE WHICH WHICH ONE OF THESE THAT.

I THINK THAT WAS MORE OF, OF A COMMENT, BUT I MEAN, JUST TO I WILL ANSWER YOUR QUESTION.

THANK YOU. JUST TO ADD SOME CLARITY TO WHAT MISS MARTIN SAID, THIS WAS PRESENTED TO YOU.

STAFF REPORT SAID WHAT IT SAID, WHICH WAS WE DON'T AGREE.

AND THIS COUNCIL SAID YES. SO IT'S IT'S A DIFFICULT SITUATION.

I WOULD LIKE MISS MARTIN TO SEND ME THE RESOLUTION TO IT REAL QUICK, JUST SO I CAN SEE IF THERE'S ANY CONDITIONS THERE. BUT THE ORIGINAL.

YES. I'M INCLINED TO SAY THAT THAT DISCUSSION ON WHETHER OR NOT THAT RESOLUTION IS BEING ABIDED BY OR IS ACCURATE IS PROBABLY BETTER FOR A DIFFERENT DAY.

RIGHT? BECAUSE THAT WOULD HAVE TO DO SOME THINGS AND RESEARCH SOME THINGS TO MAKE SURE.

TO SEE HOW THAT WOULD BE PRESENTED TO YOU FOR FURTHER DISCUSSION. AND TO BE CLEAR, WE CAN SOMETIMES OVER THE EIGHT YEARS, ALMOST EIGHT YEARS THAT I'VE SERVED HERE THINGS COME UP AND WE CHASE THAT SQUIRREL IN WITH OUR HEARTS IN THE RIGHT PLACE.

RIGHT. BUT IT'S IT'S THEN INAPPROPRIATE BECAUSE IT'S NOT FRAMED UP RIGHT IN THE AGENDA.

AND SO WHAT I'M MAKING SURE BEFORE WE ENGAGE IN THAT MORE EXPANSIVE DISCUSSION LEGALLY, HOW WOULD YOU ADVISE US.

AND I THINK YOU JUST ADVISE US ONE THING, BUT OF COURSE, YOU NEED SOME TIME TO LOOK.

BUT, MADAM MAYOR, I JUST WANTED TO BRING THAT UP AS A POINT OF ORDER, SO.

THANK YOU. WE'LL HEAR. WE'LL HEAR FROM THE CITY ATTORNEY.

DO YOU WANT TO CONTINUE? I'LL RUN THROUGH THE OUTDOOR DINING. YEAH. YEAH. I'VE TOUCHED ON MOST OF IT ALREADY. SO CITY COUNCIL DID APPROVE AN OUTDOOR DINING REQUEST ORIGINALLY IN 2022. THEY THEN APPROVED A REVISION TO THAT OUTDOOR DINING REQUEST IN 2024.

THAT RESOLUTION IS IN YOUR PACKET. THE 2024 APPROVAL.

AND THAT AT THAT TIME WAS WHEN WE INCLUDED THE ALLEY AND THE DISTRICT INTO WHAT WAS AT THE TIME KNOWN AS THE KITCHEN.

SO THOSE FOUR CONDITIONS THAT I READ TO YOU THOSE WERE THE CONDITIONS OF THAT APPROVAL IN 2024 WITH RESPECT TO THE OPERATING PLAN AND ONE BUSINESS TAX RECEIPT.

THOSE WERE ALL THE CONDITIONS OF THE 2024 AT THE TIME IN 2024.

YOU DID ALSO. AND MARK TOUCHED ON THIS AS WELL.

APPROVE THE HOURS OF OPERATION FOR THESE ESTABLISHMENTS.

SO THERE IS A CHANGE HERE TO THE HOURS OF OPERATION IN THOSE ESTABLISHMENTS.

WHY THAT IS IMPORTANT IS BECAUSE YOU'RE ADDING AN OUTDOOR DINING COMPONENT NOW ALONG 12TH.

AND OUTDOOR DINING IS ALLOWED TO MAINTAIN THE SAME HOURS AS THE OPERATION OF THE RESTAURANT.

SO IF YOU'RE EXTENDING THE OPERATION OF THE RESTAURANT TO 1 A.M., YOU'RE ALSO EXTENDING THE OPERATION OF OUT OF NEW OUTDOOR DINING ON 12TH STREET TO 1 A.M., SO THAT'S WHY THAT THE HOURS IS IMPORTANT. SO WHAT THEY'RE REQUESTING OF YOU TODAY IS AN AMENDMENT TO THAT 2024 OUTDOOR DINING APPROVAL.

THERE IS AN INCREASE IN THE NUMBER OF SEATS IN THE DINING AREA.

THE OUTDOOR DINING AREA, WHICH WAS THE KITCHEN IS NOW, I BELIEVE, CALLED THE MINIBAR.

THAT IS NOT ACTUALLY AN ADDITION OF SEATS, AS THE PETITIONER HAD EXPLAINED.

THAT IS TRULY UP, IF YOU WILL, THE CALCULATION OF HOW MANY SEATS WERE ACTUALLY THERE.

SO THEY'RE NOT ADDING ANY PHYSICAL SEATS. WE'RE JUST NOT RECALCULATING WHAT WAS ALREADY PROVIDED.

THE ADDITION OF OUTDOOR DINING COMES IN ON 12TH.

SO IT'S TURNING AN AREA THAT WAS PARTLY ALREADY OUTDOOR DINING FOR YACHT CLUB SUBS, EXPANDING THAT TO WHAT IS CURRENTLY A LANDSCAPE ISLAND.

SO REMOVING THE LANDSCAPING FROM THE LANDSCAPE ISLANDS, TURNING THAT INTO OUTDOOR DINING. SO YOU'RE ADDING TABLES ALONG 12TH TABLES AND CHAIRS ALONG 12TH AND THAT THAT'S THE ONLY TRUE ADDITION TO THE OUTDOOR DINING NOW.

WITH RESPECT TO THE ORIGINAL APPROVAL OF THE OUTDOOR DINING, THERE WAS A SIGNAGE CONDITION IN THAT OUTDOOR DINING.

SO AS WE DO EVERY TIME WE GO OUT TO A SITE OR WHEN SOMEONE SUBMITS SOMETHING, WE GO OUT TO A SITE, WE LOOK AT THE SITE. WHEN WE DID THIS TIME, WE FOUND A NUMBER OF SIGNS ON SITE THAT WERE NOT PERMITTED.

NOT ONLY NOT DIDN'T OBTAIN A PERMIT, BUT ARE NOT ABLE TO BE ISSUED A PERMIT BECAUSE THEY'RE NOT CONSISTENT WITH THE CODE.

SO YOU'LL SEE AT THE END OF THE OUTDOOR DINING STAFF REPORT, WE PROVIDED A NUMBER OF THOSE SIGNS.

WE ALSO FOUND THAT SOME OF THE SIGNS HAD BEEN APPLIED FOR AND PERMITS HAD BEEN ISSUED, BUT THEY'D NEVER BEEN CLOSED OUT.

AND WHAT THAT MEANS IS THAT THE CONTRACTOR HAD NEVER CLOSED OUT THE PERMIT, MEANING THEY NEVER CALLED IN INSPECTIONS.

SO A NUMBER OF THE EXISTING SIGNS HAD NEVER BEEN FINALIZED.

SO I INCLUDED A LIST OF THE PERMITS ON RECORD, THE PERMITS THAT WE DO HAVE.

BUT THERE ARE A COUPLE FURTHER FURTHER ISSUES.

[03:00:02]

YOU CAN SEE THAT IN THE PICTURE ON THE SCREEN.

YOU HAD A POLL SIGN DISPLAYING THE WORD OPEN IN NEON IN FRONT OF THE DISTRICT.

THAT'S AT THE BOTTOM OF THE SCREEN HERE. THAT'S NOT ALLOWED.

POLE SIGNS ARE NOT ALLOWED. AND EXPOSED NEON TUBING, THOUGH NEITHER OF THOSE ARE ALLOWED.

SO WE WOULD NOT BE ABLE TO ISSUE A PERMIT FOR THAT.

THE WORDS THE MINI BAR WERE PAINTED ON THE SHARK THAT'S ATOP THE VOLKSWAGEN VAN.

NOT ONLY IS THAT NOT AN ALLOWED SIGN, BUT IT WAS SPECIFICALLY A CONDITION OF THE DRB THAT THAT NOT BE UTILIZED AS A SIGN THAT THE SHARK AND THE VOLKSWAGEN VAN NOT BE UTILIZED AS SIGNAGE. SO THAT WORDING WAS THEN ADDED LATER.

THERE'S AN A-FRAME SIGN THAT WE SAW FOR THE PURPOSE OF RESERVING PARKING FOR CENTRAL SQUARE PATRONS ONLY.

NOT ONLY ARE A-FRAME SIGNS NOT ALLOWED, BUT IN THE DOWNTOWN YOU'RE NOT ALLOWED TO RESTRICT COMMERCIAL PARKING, SO THAT WOULDN'T BE ALLOWED AT ALL, OR THAT WOULDN'T BE ALLOWED AS WELL.

YOU ALSO DID RECEIVE FROM YOUR CODE ENFORCEMENT THAT THERE HAD BEEN TWO VIOLATIONS IN THE PAST YEAR FOR SIGNAGE.

THEY DID REMOVE THOSE A-FRAME SIGNS WHEN THEY WERE WHEN IT WAS BROUGHT TO THEIR ATTENTION.

THERE WAS A WALL SIGN ADVERTISING. OH, SORRY.

A WALL SIGN ADVERTISING TAKEOUT HERE. THAT'S NOT A PERMITTED SIGN.

IN THIS DISTRICT. AND THEN THERE WAS SOME SIGNAGE ADDED TO THE BIKE RACK HERE ADVERTISING CENTRAL SQUARE.

THAT WAS NEVER PERMITTED EITHER. SO WE HAD A NUMBER OF OF SIGNAGE ISSUES AND SIGNAGE VIOLATIONS ON THE SITE AND THEN A NUMBER OF PERMITS THAT WERE NEVER FIND OLD FIND OUT. SO WE JUST NEED TO GET ALL OF THAT CLEARED UP.

I BRING THAT UP BECAUSE IT WAS A CONDITION. SIGNAGE WAS A CONDITION OF THE THE PREVIOUS APPROVAL.

SO I BELIEVE MARK HAS PICTURES SHOWING THAT THEY HAVE ADDRESSED MOST OF THESE ISSUES ALREADY.

I THINK AS WE SIT HERE TODAY, I THINK MOST OF THOSE SIGNS HAVE BEEN REMOVED.

BUT THAT'S JUST IMPORTANT TO REMEMBER. SO STAFF DID REVIEW THIS AGAINST THE OUTDOOR DINING CRITERIA.

REMEMBER, WE ARE OPERATING UNDER THE ASSUMPTION THAT THIS IS ALL A CONVENTIONAL RESTAURANT WITH THAT ALLOWS FOR OUTDOOR DINING, BECAUSE THAT WAS COUNCIL'S DETERMINATION IN 2024.

SO WITH THAT, WE DID FIND THAT THIS REQUEST WAS CONSISTENT.

WE ARE RECOMMENDING SEVEN CONDITIONS OF APPROVAL.

A LOT OF THEM ARE CARRIED OVER AGAIN. SO THE FIRST BEING THE SPACE IS CURRENTLY IDENTIFIED AS THE MINIBAR DISTRICT.

THE ALLEY AND STAFF ONLY MUST OPERATE UNDER A SINGLE BUSINESS TAX RECEIPT.

THE SECOND, ALL SIGNAGE MUST REFLECT TO THE PUBLIC THAT THE FOOD AND BEVERAGE OPERATIONS IN ALL OUTDOOR DINING AND INDOOR DINING SPACES ARE ONE SINGLE RESTAURANT ESTABLISHMENT, AND THAT SIGN PERMITS WILL BE OBTAINED FOR ALL SIGNS ON THE SITE.

THE THIRD IS ALL UNPERMITTED AND NON-COMPLIANT SIGNS WILL BE REMOVED FROM THE SITE.

THE FOURTH IS JUST RECAPPING THE HOURS OF OPERATION, SO THE HOURS OF OPERATION FOR THE MINIBAR, INCLUDING OUTDOOR DINING ARE INCLUDING FOR OUTDOOR DINING ARE MONDAY THROUGH THURSDAY, 4 P.M.

TO 10 P.M., FRIDAY, 4:30 P.M. TO 11 P.M., SATURDAY, 11 A.M.

TO 11 P.M. AND SUNDAY, 11 A.M. TO 10 P.M.. HOURS OF OPERATION FOR THE ALLEY HOUR WEEKDAYS 04:30 P.M.

TO 1 A.M. AND WEEKENDS 11 A.M. TO 1 A.M.. HOURS OF OPERATION FOR DISTRICT, INCLUDING THE OUTDOOR DINING HOUR.

SUNDAY THROUGH THURSDAY, 4:30 P.M. TO 11 P.M.

AND FRIDAY THROUGH SATURDAY, 4:30 P.M. TO 12 A.M.

I WASN'T ABLE TO OBTAIN THE HOURS OF OPERATION FOR STAFF ONLY, BUT IT IS A ROOM IN DISTRICT, SO I ASSUME IT OPERATES UNDER THE SAME HOURS OF OPERATION.

WE DID ASK THAT THE PETITIONER WOULD PROVIDE HOURS OF OPERATIONS SPECIFICALLY FOR STAFF ONLY.

SIX. THE KITCHEN FACILITY WILL OPEN AT 7 A.M.

AND WILL REMAIN OPEN UNTIL THE LAST INDOOR DINING ROOM VENUE CLOSES.

CURRENTLY, THAT WOULD BE THE ALLEY WHICH CLOSES AT 1 A.M.

AND BECAUSE THIS IS A RESTAURANT, SO THEY CANNOT OPERATE ANY OF THESE DINING ROOMS WITHOUT FOOD SERVICE.

SO THE RESTAURANT FACILITY HAS TO BE OPEN ANY TIME ANY OF THESE SPACES ARE OPERATING.

AND THEN SEVEN THE PETITIONER WILL OBTAIN A SITE WORK PERMIT FOR RE STRIPING THE PARKING AREA ABUTTING THE SOUTHERN SIDE OF THE BUILDING TO REORIENT TWO OF THE ANGLED PARKING SPACES. THE OUTDOOR DINING AREA FOR DISTRICT, CONTAINING TEN NEW TABLES AND 37 NEW CHAIRS, LOCATED IN THREE AREAS ALONG 12TH AVENUE SOUTH, WILL NOT COMMENCE OPERATION UNTIL THE SITE WORK PERMIT HAS BEEN CLOSED OUT.

THAT WAS OUR COMMISSION'S. AND I THINK THE PETITIONER DID HAVE.

DID YOU WANT TO. YEAH. SO FROM FROM A FROM A PETITIONER'S AGENT PERSPECTIVE, WE GET AN OPPORTUNITY TO GO BACK OUT AND VISIT THESE SITES,

[03:05:01]

SO WE TWO WALKED WITH THE PETITIONER AND SAID THESE SIGNS ARE ARE NOT VALID.

AND WE DID WORK WITH MISS MARTIN TO GET THESE CLEANED UP.

SO YOU CAN SEE FROM SOME OF THESE PICTURES THAT WE HAVE IN HERE, THE SIGN THAT WAS ON THE WALL, WE REMOVED, THAT SIGN THAT WE REMOVED THAT SIGN.

THERE WERE SOME 15 MINUTE ONLY LIKE PICKUP PARKING SIGNS REMOVED.

THIS IS WHERE THE SURFBOARD WAS. WE REMOVED THAT PAINTED OVER.

THIS BOX IS ALWAYS BEEN IN THAT TIRE. WE JUST PAINTED OVER IT BECAUSE WE HAD WROTE THE THAT THEY HAD WROTE THE CENTRAL SQUARE ON IT.

THE SANDWICH BOARD THAT WAS LAYING THERE, THAT RESERVED PARKING, THAT WAS SOMETHING THAT CAME OUT OF THE PLAYHOUSE OPENED BEFORE THE GARAGE OPENED, AND THEY GOT SWAMPED WITH PARKING. SO THEY KIND OF TRIED TO DO THAT WITH THE SANDWICH BOARD THING, BUT AS SOON AS THEY WERE NOTIFIED, THEY COULDN'T DO THAT. THEY TOOK THAT DOWN AND REMOVED THAT ALSO.

SO THE SHARK, LIKE I SAID, SAID MINI BAR ON IT.

WE HAD THAT REMOVED OFF THE MINI BAR. THE PERMITS THAT WERE NOT CLOSED OUT.

WE'VE PUT THOSE PERMITS UP AND WE'RE IN THE PROCESS OF CLOSING THOSE OUT.

SO WE DON'T DISAGREE WITH ANY OF THE CONDITIONS THAT MISS MARTIN HAS POINTED OUT HERE.

WE'RE GOING TO COMPLY WITH EACH AND EVERY ONE OF THE CONDITIONS.

TO ADDRESS SOME OF THE FOOD ITEMS. IF YOU NOTE, WE DO OPEN AT 11 A.M., SO WE HAVE A LOT OF LUNCH SERVICES THERE THAT DON'T HAVE ANY DRINKS ASSOCIATED WITH THEM. AND ALSO, YOU KNOW, LIKE LIKE MISS MARTIN POINTED OUT, IF THE ALLEY IS OPEN UNTIL 1 A.M., THE KITCHEN IS OPEN WITH IT. SO PEOPLE HAVE THE ABILITY TO ORDER FOOD.

SO CAN I SPECIFICALLY SPEAK TO THE THE RATIO OF PERCENTAGE OF FOOD VERSUS BEVERAGE? I CANNOT. I DON'T HAVE THAT DATA AVAILABLE TO ME, BUT THERE IS QUITE AN OFFSET THROUGH THE LUNCH HOURS THAT COULD OFFSET SOME OF THE EVENING HOURS. BUT I DON'T DISAGREE WITH YOUR SENTIMENT ON WHERE YOU'RE GOING ON THAT.

YOU KNOW, WE DID HAVE PETITIONERS IN THE REGION, IN THE AREA OR SUPPORT LETTERS THAT WERE SENT IN FROM THE AREA.

ONE OF THEM EVEN MENTIONED THE, YOU KNOW, THE THE DELICIOUSNESS OF THE FOOD THAT THEY GET THERE.

SO WE DO DO OUR BEST TO TO SERVE A NICE MEAL THERE.

AND IT IS OPEN FOR LUNCH. AND THERE IS A LOT OF BUSINESS THERE AT LUNCHTIME.

WITH THAT, YOU KNOW, WE WOULD WE WOULD APPRECIATE YOUR SUPPORT AND WE WILL COMPLY WITH ALL OF THE CONDITIONS.

OKAY, GREAT. YES, MA'AM. OKAY. THANK YOU. VICE MAYOR.

YEAH. THANK YOU, MADAM MAYOR. SO, ERICA, I'M JUST I'M JUST TRYING TO.

BECAUSE THESE TWO, YOU KNOW, WE'RE HEARING THEM TOGETHER.

ON 11 D, THERE WERE 17 CONDITIONS THAT WERE PART OF PETITION 20 2-LE1 AND RESOLUTION 2020 3-15090. SO THERE WERE 17 CONDITIONS THAT PERHAPS IF IT'S WILL OF COUNCIL, THOSE 17 CONDITIONS WOULD CARRY FORWARD INTO ANY SUBSEQUENT APPROVAL. AGAIN IF IT'S THE WILL OF THERE WERE 15 IN THAT RESOLUTION.

I HAVE CARRIED THEM OVER AND ADDED TWO MORE. THE TWO.

SO THE TWO THAT I JUST WANTED TO MAKE SURE AND THEN I'M GOING TO GO TO 11 E THAT WE JUST READ.

BUT BEFORE THIS GETS TO CONFLATED AND THE 17 TOTAL, THERE WERE 15.

YES. AND YOU ADDED TWO. AND THE TWO THAT YOU ADDED WERE THE STANDARD CONDITIONS THAT I MENTIONED.

YOU WILL BE SEEING IN MOST OF YOUR, IF NOT ALL, OF YOUR LIVE ENTERTAINMENT REQUEST.

THEY WERE 15 AND 16. 15 AND 16. AND THAT'S. THEY'RE RELATED TO A CENTRALIZED.

YEAH. AMPLIFICATION. CENTRALIZED. AMPLIFICATION.

AND I DID MODIFY THE 15 TO REFLECT THE NEW HOURS.

SO THEY'RE NOT ALL EXACTLY THE SAME AS WHAT THEY WERE.

BUT BUT THEIR 17 CONDITIONS TOTAL. TOTAL AS DESCRIBED BY OUR PLANNING DIRECTOR.

YES. RIGHT. AND THEN ON 11 E THERE, I'M TRYING TO MAKE SURE I GOT THIS RIGHT.

THERE WERE SEVEN CONDITIONS. THERE WERE FOUR OF THE ORIGINAL APPROVAL.

AND I'M NOW PROPOSING SEVEN. SEVEN. AND YOU'VE DESCRIBED ALL OF THOSE AND WERE THE FOUR PART OF RESOLUTION 2024? DASH 15 442. THEY WERE THE FOUR, THE FIRST FOUR, AND THEN THE ADDITIONAL THREE YOU'VE DESCRIBED IN YOUR CHANCE TO HAVE INPUT ON THIS ITEM SEPARATELY, RIGHT? YES. SO IF A IF IT'S A WILL OF COUNCIL TO MAKE A MOTION, THOSE SEVEN CONDITIONS HAVE BEEN ADEQUATELY DESCRIBED TO MOVE FORWARD INTO THE APPROVAL PROCESS. I BELIEVE SO YOU BELIEVE SO.

AND NOW I WANT TO ROTATE TO OUR CITY ATTORNEY.

HAVE YOU HAD A CHANCE, AS WE'VE HEARD, BOTH OF THESE ITEMS NOW, HAVE YOU HAD A CHANCE TO ADVISE US ON JUST HOW FAR WE CAN GO,

[03:10:05]

SPECIFICALLY WHEN OUTDOOR DINING HAS BEEN APPROVED BEFORE AND THE CODE IS PRETTY CLEAR ON WHAT SIGNAGE CAN BE USED.

AND AS RECENTLY AS THE SITE VISIT, CERTAIN SIGNS THAT WERE NOT COMPLIANT HAD TO BE PULLED.

I THINK THOSE ARE ALL FAIR QUESTIONS TO ASK. BUT YOUR CRITERIA, AND THIS WAS MY RESERVATION AT FIRST ABOUT COMBINING THE RECORD FOR THIS, BECAUSE IT'S TWO SETS OF CRITERIA, AND I PROBABLY SHOULD HAVE LISTENED TO MY GUT, BUT HERE WE ARE.

I THINK WE NEED TO FOCUS ON ONE AT A TIME. SO IF WE COULD TRY TO DEAL WITH THE LIVE ENTERTAINMENT, THERE IS, I BELIEVE, SIX CRITERIA, SEVEN CRITERIA THAT YOU ARE LOOKING AT WHEN IT COMES TO WHETHER OR NOT TO APPROVE OR DENY THIS AND NOT SAYING THAT OTHER FACTORS CAN'T COME INTO PLAY, SUCH AS PRIOR VIOLATIONS, THINGS OF THAT NATURE.

BUT THE REALITY IS, IS THE QUESTION REALLY IS DID THE APPLICANT AND THE EVIDENCE PROVIDE PROVIDED TODAY? IS IT SUFFICIENT TO MEET THOSE SEVEN CRITERIA? DO YOU FEEL LIKE ADDITIONAL CONDITIONS ARE NEEDED OR WAS IT NOT? AND THAT'S ULTIMATELY THE QUESTION TODAY FOR BOTH OF THESE.

UNDERSTOOD. THANK YOU. THANK YOU, MADAM MAYOR.

COUNCIL MEMBER. CRISPIN. I THINK YOU JUST ANSWERED THE QUESTION I WAS ABOUT TO ASK MR. MCCONNELL. WE'RE HERE TODAY. WITH THE RESPONSIBILITY FOR DETERMINING WHETHER WE WANT TO APPROVE, RESPECTIVELY, A LIVE ENTERTAINMENT AND AN OUTDOOR DINING PETITION NOT TO EVALUATE THE. APPROPRIATENESS OF THIS FACILITY WITHIN THE ZONING DISTRICT THAT IT'S LOCATED IN.

THAT IS NOT SOMETHING THAT WOULD BE APPROPRIATE FOR US TO DISCUSS FROM THE STANDPOINT OF IT.

WHAT'S ON OUR AGENDA? CORRECT. SO SO DISCUSSING IT AND THEN TRYING TO MAKE A DECISION ON SOMETHING RELATED TO THAT, I THINK ARE TWO DIFFERENT THINGS. I THINK QUESTIONS ARE FINE. BUT TO ANSWER YOUR QUESTION MORE SIMPLY, YES. WHAT'S BEFORE YOU TODAY IS TWO REQUESTS LIVE ENTERTAINMENT, OUTDOOR DINING.

WE'RE NOT HERE TO DETERMINE WHETHER OR NOT THIS IS A RESTAURANT ESTABLISHMENT OR A BAR.

UNFORTUNATELY, THAT TIME HAS COME AND PASSED. HOWEVER, I CAN LOOK INTO IT TO SEE IF THERE'S SOMETHING IN THE FUTURE THAT COULD BE PRESENTED. BUT TO ANSWER YOUR QUESTION, YES. LIVE ENTERTAINMENT, OUTDOOR DINING? WELL, FINE. BUT ALSO JUST TO HAVE A COMPLETE RECORD AND A COMPLETE HISTORY HERE. THIS ESTABLISHMENT RECEIVED IN ORDER TO OPERATE AS A FOOD AND BEVERAGE ESTABLISHMENT, IT HAD TO RECEIVE CERTAIN APPROVALS AND LICENSES.

CORRECT? CORRECT. AND THOSE. AND THOSE? AND WHERE WERE THEY FORTHCOMING FROM? ACCOMMODATION. THERE'S CITY APPROVALS. THEY NEED A BUSINESS TAX RECEIPT.

AND THEN I'M SURE THERE'S STATE APPROVALS FOR THE OPERATION OF A FOOD SERVICE.

YEAH, THERE'S THERE'S STATE APPROVALS FOR AND HEALTH APPROVALS FOR THE KITCHEN AND FOR THE BAR OPERATIONS.

OBVIOUSLY A LIQUOR LICENSE, THE LIQUOR LICENSE, THOSE ARE ALL.

WHICH IS NOT A CITY FUNCTION. IT'S A STATE FUNCTION.

YEAH. BUT ALL THE HEALTH CERTIFICATES AND HEALTH INSPECTIONS FOR THE KITCHEN.

THOSE ARE ALL STATE. AND MONITORING THE FACILITY IS A STATE RESPONSIBILITY.

YES, SIR. AND THOSE ARE ALL IN PLACE. AND SO WHEN THE WE WHEN THEY SOUGHT A BUSINESS LICENSE FROM THE CITY, DID THAT INVOLVE A REVIEW AS TO WHETHER IT QUALIFIED AS UNDER OUR ZONING CODE COMING OUT OF THE 2024? YES. IT WAS. THEY WERE REQUIRED TO HAVE ONE BUSINESS TAX RECEIPT FOR ALL.

AND THAT'S WHEN WE. WE REVIEWED THE MATTER AS TO WHETHER IT QUALIFIED IT AS A RESTAURANT OR NEEDING ESTABLISHMENT UNDER OUR CARE. THAT WAS COUNCIL'S DETERMINATION IN 2024.

YES. ALL RIGHT. SO WE WE WE WE CROSSED THAT BRIDGE AND WE CAN ALWAYS GO BACK AND REVISIT IT.

BUT I JUST REMIND US ALL THAT WE DID CROSS THAT BRIDGE.

AND AND I WOULD ALSO JUST SAY THAT I UNDERSTAND HOW ONE CAN REACT TO ADVERTISING AND, AND NAME NOMENCLATURE, WHATEVER WHAT AN ESTABLISHMENT IS CAUSED CALLED AND WHAT DOES THAT SUGGEST AND ADVERTISING.

BUT I ALSO WOULD SAY THAT IF YOU LOOKED AT THE WEBSITE OF VIRTUALLY EVERY RESTAURANT IN NAPLES AND,

[03:15:10]

AND WE ALL KNOW THAT MUCH OF THE, OF THE REVENUE FROM RESTAURANTS COMES FROM THE SALE OF ALCOHOL.

IS IT IS IT DOES IT DOES IT MEET THE THE 50% TEST IN THIS CASE? WE DON'T KNOW. AND BUT IF WE WANTED TO, AS WE SAID, BACK IN 2024, IF WE WANTED TO AUDIT THAT, WE'D HAVE TO AUDIT EVERY ESTABLISHMENT IN NAPLES AS A MATTER OF OF OF FAIRNESS, I WOULD THINK.

AND WE'RE NOT GOING TO DO THAT. SO I JUST WANTED TO SORT OF WRITE, SET AND RECALL SOME OF THE CONVERSATION WE HAD. BACK IN 2024 AND HOW WE GOT HERE. THAT SAID, WE'RE HERE NOW TO REVIEW AND TAKE ACTION ON AN OUTDOOR DINING AND A LIVE ENTERTAINMENT. TWO PETITIONS, TWO SEPARATE PETITIONS.

AND THAT'S WHAT OUR JOB IS TODAY. THANK YOU FOR THAT, COUNCILMAN KRISEMAN.

HOWEVER, WE DON'T AUDIT THE STATE, AUDITS THE RESTAURANT COMPARED TO THEIR FOOD AND ALCOHOL.

SO BUT THANK YOU VERY MUCH FOR THAT. I HAVE COUNCIL MEMBER PETROFF.

I WHAT I REMEMBER FROM 2024 IS THAT WE DECIDED THAT BECAUSE IT WAS TOO BURDENSOME TO AUDIT THE PERCENTAGE OF ALL FOOD AND BEVERAGE THAT IT WAS AN ISSUE OF FAIRNESS.

WE WOULDN'T DO IT TO THIS. AND AND SO THEREFORE WE JUST BY DEFAULT IT WE TOOK THEM ON THE WORD THAT IT WAS A RESTAURANT.

THEREFORE MORE THAN 50% OF THE REVENUES CAME FROM FOOD.

AND SO, YOU KNOW, WE DECIDED NOT TO. I MEAN, I'M FEELING THAT WE'VE DECIDED TO IGNORE THIS, YOU KNOW, AND THAT, YES, WHEN YOU PULL UP OTHER PEOPLE'S WEBSITES, IT DOES, YOU KNOW, THEY DO EMPHASIZE LIQUOR.

THIS IS REALLY EMPHASIZING. AND DO WE REALLY THINK THAT THIS IS A THESE ARE RESTAURANTS WE COULD PUT AS A CONDITION FOR THIS ONE BECAUSE IT LOOKS SO BAR LIKE AND IT HAS MORPHED A NUMBER OF TIMES, INCLUDING THE ADDITION OF THIS NEW YOU KNOW, RESTAURANT OR BAR.

THAT'S THAT'S IN THERE. THE STAFF, WHENEVER THE STAFF THING THAT WE COULD ASK TO SEE WHAT THE PERCENTAGE WAS FOR THIS BECAUSE IT IS A YOU KNOW, BECAUSE ABSENT THAT, WHAT THE SILENT PIECE IS, IS WE ARE CHOOSING NOT TO.

WE'RE CHOOSING TO IGNORE OUR CODES. THAT AND WE THAT IN THIS DISTRICT THAT IS SPECIFICALLY PROHIBITING BARS.

AND WE'RE SAYING WE'RE NOT GOING TO MEASURE IT.

THEREFORE WE WILL ALLOW IT. AND I JUST DON'T THINK THAT'S A GREAT WAY TO DO BUSINESS.

OKAY. BARTON. OKAY. SO I'M GOING TO TRY TO KEEP HIS FOCUS HERE.

WE'RE HERE TO TALK ABOUT OUTDOOR DINING, AND WE'RE HERE TO TALK ABOUT LIVE ENTERTAINMENT.

WE'RE NOT HERE TO CRITIQUE THE MARKETING OF THE INDIVIDUAL THAT OWNS THIS ESTABLISHMENT.

THIS IS AMERICA. IS THIS ESTABLISHMENT APPROVED TO DO BUSINESS IN THIS DISTRICT? YES. OKAY. AND THAT'S APPROVED AS A RESTAURANT.

AND WE DID THAT IN 2024. WE'VE DONE THAT. THAT'S THAT'S WATER UNDER THE BRIDGE.

MR. MCCONNELL, WHAT LEGAL RAMIFICATIONS WOULD THERE BE IF WE PICKED AND CHOOSE WHO WE WERE GOING TO DETERMINE WHETHER THEY WERE? IN COMPLIANCE FROM A FOOD AND BEVERAGE SALES STANDPOINT? WHAT TYPE OF LEGAL RAMIFICATIONS WOULD THERE BE IF WE, IF WE APPLIED THAT CRITERIA TO SOME AND NOT TO OTHERS? I FEEL MUCH BETTER ABOUT IT BEING A BLANKET RULE THAN BEING SPECIFIC TO CERTAIN ESTABLISHMENTS, BUT I THINK BY DEEMING IT A RESTAURANT IN 2024, YOU ESSENTIALLY SAID THEY'RE DERIVING MORE SALES FROM FOOD THAN ALCOHOL, OR ALSO THIS ESTABLISHMENT WOULD NOT HAVE BEEN ALLOWED IN THIS DISTRICT AT ALL.

AND SO WHAT WE'VE GOT HERE IS WE'VE GOT A SCENARIO WHERE SOME MAY LIKE THIS

[03:20:05]

WHAT IS RELEVANT HERE IS THAT WE ARE HERE TO TALK ABOUT WHETHER WE WANT TO APPROVE THE OUTDOOR DINING OPERATIONS AND WHETHER WE WANT TO APPROVE THE LIVE ENTERTAINMENT.

THE CHANGE IN LIVE ENTERTAINMENT. WE NEED TO STAY FOCUSED.

WE DON'T NEED TO CRITIQUE THE OWNER ON THE TYPE OF MARKETING HE DOES OR WHAT HE CALLS HIS ESTABLISHMENT.

WE NEED TO FOCUS ON WHAT WE'RE DOING HERE TODAY SO THAT WE CAN MANAGE TO GET THROUGH OUR AGENDA BEFORE, I DON'T KNOW, MIDNIGHT. THANK YOU. LET'S LET'S FOCUS ON WHAT WE'RE HERE TO DO, PLEASE.

OKAY. THANK YOU. I WILL GO TO THE RESOLUTION.

MISS MARTIN THE 2025 LIVE ENTERTAINMENT RESOLUTION. CAN YOU CLARIFY? I THINK IT STARTS AFTER THE ONE, TWO, THREE, FOUR, FIVE.

WHEREAS. OR IS THE NEW PROPOSAL IN THE RESOLUTION? YES. SO THE SORRY, THERE IS A WHEREAS CLAUSE AT THE VERY BOTTOM OF THE FIRST PAGE.

AND THAT IS LAYING OUT THE REQUEST FOR INDOOR.

AND THEN THERE'S A REQUEST AT THE NEXT ONE, THE NEXT WHEREAS CLAUSE, WHICH IS AT THE TOP OF THE SECOND PAGE IS THE REQUEST FOR AMPLIFIED OUTDOOR.

AND THE AMPLIFIED OUTDOOR IS IN THE UNDER THE LIFE SAFETY PLAN. I'M JUST THERE'S A LOT OF MATERIAL HERE.

SO THE LIFE SAFETY PLAN SHOWS THAT THEY'RE ADDING AN OUTDOOR ENTERTAINMENT.

THEY'RE NOT ADDING OUTDOOR LIVE ENTERTAINMENT. THE ONLY CHANGE TO THE OUTDOOR LIVE ENTERTAINMENT WAS GOING FROM 2 TO 4 ON 12 OCCASIONS PER YEAR.

RIGHT. THANK YOU. I'M JUST CLARIFYING THAT THAT LAST WHEREAS IS ADDING 2 TO 4.

BECAUSE I DON'T. I GUESS THAT'S IN THE SECTIONS.

CORRECT. APPROVAL OF A NEW AMPLIFIED LIVE ENTERTAINMENT IN MULTIPLE LOCATIONS.

BUT TO OUR OUTDOOR. AND THREE ARE INDOOR. YES.

AND THAT IS IN SECTION FOUR WHERE IT LAYS OUT IF APPROVAL.

WHAT YOU KNOW IF THIS IS APPROVED WHAT IS APPROVED.

AND SO WE DID HAVE OUTDOOR LIVE ENTERTAINMENT LIMITED TO A MAXIMUM OF TWO PERFORMERS ALLOWING UP TO FOUR PERFORMERS A NO MORE THAN 12 OCCASIONS PER YEAR.

AND THAT ONLY ONE OF THE ENTERTAINMENT AREAS WILL OPERATE AT A TIME.

AND THAT THEY COULD HAVE 12 OUT OF THE YEAR AND THEY WOULD DECIDE I'M CORRECT, MR. MCLANE, THAT IF THEY HAD AN ENTERTAINER, THEY WANTED TO ADD IT.

SO HOW DO WE KEEP TRACK OF THAT? THAT'S A GREAT QUESTION.

OKAY. I HAVE A SOLUTION FOR THAT. OKAY. THE SOLUTION WAS THAT WE TALKED ABOUT INTERNALLY.

WAS POTENTIALLY, ANYTIME THE ESTABLISHMENT IS GOING TO HAVE THAT FOURTH ENTERTAINER TO SEND AN EMAIL TO CODE ENFORCEMENT ON THIS DATE.

WE'RE TAKING ONE OF THESE 12 ON THIS DATE. THIS WILL BE NUMBER TWO OF OUR 12.

SO THAT IF CODE ENFORCEMENT IS CALLED ONE DAY AND THEY GO OUT THERE AND IT'S THE 14TH TIME THEY'VE DONE IT, THEN THEY'VE SELF-REPORTED THE CODE. SO THAT CODE DOES.

SO THE CITY DOESN'T HAVE TO MONITOR WHAT THEY'RE DOING.

THEY'RE GOING TO SELF-REPORT TO THE CITY THAT ON THIS DATE WE'RE GOING TO HAVE THE FOUR ENTERTAINERS.

OKAY. AND I AND OUR, OUR OUR NATURAL PROGRESSION WAS WE REPORT THAT TO CODE ENFORCEMENT.

I DON'T KNOW WHO THAT WOULD BE. I'LL JUST TELL YOU, I THINK THAT'S PUTTING A LOT ON THE CITY MANAGER AND CODE ENFORCEMENT TO KEEP TRACK OF WHEN YOU DECIDE. I'M NOT COMFORTABLE WITH THAT.

JUST. I'M ONE PERSON, BUT WE'RE OPEN TO SUGGESTIONS.

MAY I ASK ONE QUESTION? OH, YES, PLEASE, MR. MCCONNELL.

JUST ONE. SO THE 12 TIMES A YEAR IS LIMITED TO THE FOUR PERFORMERS.

YES, SIR. SO ANY DAY WITHIN THESE TIMEFRAMES, YOU CAN HAVE A LIVE ENTERTAINER IN ONE OF THESE ESTABLISHMENTS.

TRUE OR LESS. YEAH. ONE ON THE INDOOR. TWO ON THE OUTDOOR. YEAH. THAT'S. THAT'S ALL STANDARD. I JUST WANTED TO CLARIFY THAT IN MY HEAD.

WELL, SO I MEAN, THESE HOURS ARE FOR LIKE ANY GIVEN DAY, THEY COULD HAVE A LIVE ENTERTAINMENT AT ONE OF THESE LOCATIONS JUST 12 TIMES A YEAR.

THEY WILL HAVE FOUR UP TO FOUR ESSENTIALLY ONLY, WHICH IS IN TIMES A YEAR, ONLY 12 TIMES FOUR.

BUT THEY COULD HAVE LIVE ENTERTAINMENT. THEY COULD HAVE 1 OR 2 PERFORMERS EVERY DAY AT THE TIME OF THE SPECIFIED HOURS, BUT ONLY ON 12 OCCASIONS CAN THEY HAVE FOUR PEOPLE IN THAT SPOT INSTEAD OF TWO.

SO THE THOUGHT PROCESS WOULD BE, WHY CAN'T YOU TELL US?

[03:25:02]

AND THAT'S WHAT WE'RE JUST TRYING TO FIGURE OUT.

THE SAME QUESTION HAPPENED INTERNALLY. HOW DO WE REPORT THIS TO THE CITY? SO THAT I WOULD HAVE BET MY HAT THAT QUESTION WAS COMING UP TODAY.

SO WE JUST WE DIDN'T KNOW. WE DIDN'T KNOW THE ANSWER TO IT INTERNALLY EITHER.

ALL RIGHT. THANKS. THAT'S FAIR. OKAY. VICE MAYOR.

YEAH. THANK YOU, MADAM MAYOR. WHENEVER THE TIME IS APPROPRIATE, I'M READY TO MAKE A MOTION.

BUT WHEN WE START TALKING ABOUT MEASURING CERTAIN CRITERIA, WE'RE GOING TO.

WE HAVE THE SAME ISSUE WITH ANY TIME WE APPROVE A CERTAIN NUMBER OF ENTERTAINERS AT ANY ESTABLISHMENT.

IT'S TO THE. IT'S TO THE SAME CONVERSATION ABOUT MEASURING FOOD VERSUS ALCOHOL.

AT SOME POINT WE HAVE TO TRUST AND THEN VERIFY.

THERE'S, THERE'S A BUT WE DON'T HAVE THE MECHANISM AND WE'RE NOT GOING TO COME UP WITH THE MECHANISM TODAY.

SO IT'S A SEPARATE ISSUE FOR US TO HANDLE OR DECIDE TO HANDLE OR JUST KEEP GOING ON LIKE WE'RE GOING.

BUT WHEN THE TIMES ARE I'M READY TO MAKE A MOTION.

I THINK WE HAVE ENOUGH INFORMATION. OKAY, I NEED TO IS THERE ANY OTHER COUNCIL WITH QUESTIONS FOR STAFF? COUNCIL MEMBER KRAMER, REAL QUICK. OKAY. I DON'T HAVE A QUESTION FOR STAFF, BUT I DO HAVE A COMMENT.

OKAY. WELL, ANY OTHER COMMENTS? YOU'RE WELCOME TO SPEAK AT NOW.

COUNCILMEMBER. JUST TWO QUICK THINGS. ONE. KNOWING THAT WE HAD HEADWINDS CHRIS, I'M CHRIS TUCKER'S POLARIZING.

THERE'S NO DOUBT ABOUT THAT. HE'S NOT HERE TODAY, BUT JUST KNEW CHRIS IS THE GUY, I GUESS.

SO FOR FUTURE WHOEVER'S PETITIONERS, DON'T BE GOOFY.

DON'T DO SIGNS WHEN YOU KNOW YOU'RE GOING TO HAVE SOMETHING COME BEFORE US AND DO STUFF YOU'RE NOT SUPPOSED TO DO.

IT JUST TAKES PEOPLE'S OFF. TAKES US OFF? BAD BLOOD.

IT'S LIKE. IT'S LIKE. THAT'S RIGHT. HE JUST SAYS, AND YOU'RE LIKE THERE'S COACHES THAT'LL COACH THEIR GUYS TO KEEP HOLDING THE WIDEOUTS BECAUSE WE CAN'T COVER THEM. AND EVENTUALLY OFFICIALS GET TIRED OF THROWING FLAGS. THESE OFFICIALS, I CAN GUARANTEE THERE'S OFFICIALS UP HERE THAT ARE NOT GOING TO GET TIRED OF THROWING FLAGS, AND EVENTUALLY THERE'S GOING TO BE BAD BLOOD. AND WE DON'T WANT YOU DOING BUSINESS.

SO PLEASE DON'T PUT FUEL ON THOSE FIRES. AND I DON'T THINK IT'S OUTSIDE.

I THINK IT'S OBVIOUS THAT YOU CERTAINLY YOU PICK DATES IN ADVANCE.

THAT'S NOT YOU'VE GOT REALLY SMART PEOPLE FIGURE OUT WHAT 12 DATES YOU WANT AND TELL US IN ADVANCE IF THAT IF THAT'S A CONDITION TO THIS.

I THINK IF THAT'S THE CONDITION, WE CAN PICK THE DATES IN ADVANCE.

NO, I'VE ONLY BEEN ON COUNCIL A SHORT TIME, BUT WE'VE NEVER HAD SOMETHING LIKE THIS BEFORE. WE WERE GOING TO DO 12 AND THEN IT BECOMES SO ARBITRARY. BUT I DO A LOT OF EVENTS AND I THINK IT'S PRETTY. WE WANT TO DO ONE DURING WHATEVER CARDS ON FIFTH.

WE WANT TO DO ONE DURING WHATEVER IT IS. FIGURE OUT YOUR 12 DATES AND THEN THERE'S PLENTY OF ENTERTAINERS AROUND AND YOU'LL BE ABLE TO TO GET THOSE DATES FILLED, SLOT THEM IN. IF MISS MARTIN WANTS TO WRITE THAT CONDITION, WE WOULD AGREE TO IT, OBVIOUSLY.

AND JUST FOR CLARIFICATION, FOR COUNSEL, THIS IS THE MINIBAR WHICH IS OUTSIDE THE ALLEY, WHICH IS INSIDE. SO WHAT CONCERNS ME IS IF YOU WANT TO ALLOW INDOOR AMPLIFIED MUSIC, THIS IS SHOWING THAT YOU COULDN'T DO IT IF YOU DIDN'T WANT ANY MORE OUTDOOR MUSIC ON THE OUTSIDE.

IS THAT CORRECT? AM I READING THIS RESOLUTION CORRECTLY? WAY THAT THE. CAN WE PUT THE LIFE SAFETY PLAN BACK UP? SURE. THE WAY THAT IT'S ALL DEPENDENT UPON THE APPROVAL OF THE LIFE SAFETY PLAN.

AND THE LIFE SAFETY PLAN DEPICTS ONLY TWO LOCATIONS THAT ALLOW FOR OUTDOOR DINING.

AND THOSE ARE BOTH OR, I'M SORRY, OUTDOOR LIVE ENTERTAINMENT.

AND THOSE ARE IN THIS AREA, WHICH IS FORMERLY THE KITCHEN.

NOW, I BELIEVE WE CALL THE MINI BAR. SO ONLY TWO LOCATIONS ON THIS ENTIRE PLAN THAT ALLOW FOR OUTDOOR ENTERTAINMENT ARE THESE TWO.

SO THE THE LOCATIONS THAT ALLOW FOR INDOOR ARE THESE THREE LOCATIONS HERE THEY ARE ALL INDOORS.

THAT MEANS THAT THE DOORS AND WINDOWS WILL ALL BE CLOSED WHEN THE PERFORMERS ARE ACTIVE.

AND THEN THEY HAVE MAINTAINED THAT WITHIN THIS ROOM, ONLY ONE OF THOSE LOCATIONS WILL BE USED AT A TIME.

SO YOU WON'T HAVE TWO PERFORMERS COMPETING AGAINST EACH OTHER IN THE SAME ROOM, BUT YOU COULD NOT PUT THERE NOTHING ON.

THIS LIFE SAFETY PLAN IDENTIFIES ANY OUTDOOR LIVE ENTERTAINMENT ANYWHERE OTHER THAN THESE TWO LOCATIONS IN THE MINIBAR, AND SO THE FOUR PERFORMERS WOULD ONLY BE ALLOWED IN ONE OF THESE LOCATIONS.

THESE SPACES ARE TOO SMALL. THEY WOULD NOT PERMIT FOUR PERFORMERS.

[03:30:03]

WE ARE GOING TO MAKE A MOTION ON LIVE ENTERTAINMENT PETITION.

DO YOU HAVE YOUR CLOSING COMMENTS? WE WOULD APPRECIATE IF THE CHART THAT WAS PRESENTED IS PART OF THE RECORD, AND WE WOULD APPRECIATE YOUR SUPPORT. I DON'T THINK THE CHART WILL BE, BUT WILL THE HOURS.

THE HOURS WILL REFLECT THE CHART. THAT'S FINE. AS LONG AS THE HOURS REFLECT THE CHART, THEN WE'RE FINE AND WE WOULD APPRECIATE YOUR SUPPORT.

AND YOU CAN CONFIRM THAT THAT CHART. YEAH. THAT CHART CLARIFIES THE HOURS FOR EACH OF THE INDIVIDUAL UNITS.

AND I THINK IT'S IT'S CLEAR FOR EVERYONE TO LOOK AT IT THAT WAY.

AND THEN, MAYOR, JUST ONE QUESTION ON THE CONDITION. MISS MARTIN, YOU READ A CONDITION FROM FIRE.

IS THAT FOR LIVE ENTERTAINMENT OR OUTDOOR DINING? REALLY? BOTH. BOTH BECAUSE THEY BOTH OF THOSE PETITIONS REQUIRE THAT SPACE TO BE COMBINED.

SO THE CONDITION BEING THAT THAT A BUILDING PERMIT IS OBTAINED FOR THE COMBINATION OF WHAT WAS YACHT CLUB SUBS AND THE DISTRICT AND THAT THAT PERMIT THE PERMIT BE ISSUED, THE WORK CARRIED OUT AND THE PERMIT BE CLOSED OUT, MEANING ALL THE INSPECTIONS ARE FINALIZED AND THAT PERMIT IS CLOSED OUT BEFORE THEY COMMENCE, EITHER THE OUTDOOR DINING ON THAT SIDE OR THE LIVE ENTERTAINMENT IN THOSE UNITS.

SO I WOULD SUGGEST MAKING THAT NUMBER. NUMBER 18.

AND JUST TO CLARIFY FOR THE RECORD, THAT WOULD INCLUDE ALL THE CONDITIONS THAT YOU GUYS HAVE LAID OUT TO.

ALL OF THOSE NEED TO BE FACT CHECKED AS WELL BEFORE.

I MEAN, THAT'S THE PURPOSE OF CONDITIONS. SO I JUST WANTED TO CLARIFY THAT. AND THEN IF WE'RE GOING TO MAKE A MOTION ONCE THE MOTION IS MADE, I DID SUGGEST SOME CHANGES TO TEN AND 11 FOR CLARITY, PURPOSES AND ENFORCEMENT PURPOSES, JUST TO ENSURE THAT WE'RE NOT CONFUSED WITH WHAT THE DBA IS. YEP. I HAVE IN HERE THE CHANGES THAT WE WOULD MAKE TO THE RESOLUTION THIS IS SPECIFIC TO LIVE ENTERTAINMENT WOULD BE TO INCORPORATE THE HOURS, THE WAY THAT CHART READS THEM, TO CLARIFY FOR EACH UNIT.

WE WOULD INCLUDE THAT WHILE THERE WILL BE SPEAKERS IN THE SOFFIT ALONG 12TH STREET SOUTH, THEY WILL NOT BE ALLOWED TO BROADCAST THE LIVE ENTERTAINMENT.

THOSE SPEAKERS WOULD BE FOR HOUSE MUSIC ONLY.

AND THEN TEN AND 11 WOULD BE REVISED TO REFERENCE THE CODE SECTION FOR NOISE, WHICH IS 2237.

NEXT WOULD BE THAT THEY WOULD TELL US THE 12 DATES THAT THEY WOULD WANT THE FOUR PERFORMERS, AND THAT WOULD BE INCLUDED IN THE RESOLUTION, AND THEN THAT WE WOULD ADD THE FIRE CONDITION WITH RESPECT TO COMBINING THE UNITS.

CORRECT. WHICH WOULD INCLUDE THE CONDITIONS IN THE RESOLUTION, AND I JUST NEED IF I COULD.

FOR THE RECORD, MAYOR JUST GET CONFIRMATION FROM THE AGENT WHO I ACTUALLY BELIEVE IS MR. BROOKER, ON THE RESOLUTION THAT HE'S IN AGREEMENT WITH THE CONDITIONS AND THE CHANGES THAT WE PROPOSED.

I DON'T KNOW IF THAT'S A TYPO, BUT YOU'RE TECHNICALLY THE AGENT OF OF THIS LIVE ENTERTAINMENT.

YES. THAT'S TRUE. OKAY. I JUST WANTED CONFIRMATION ON THE RECORD THAT YOU ARE IN AGREEMENT WITH ALL THE CONDITIONS AND CHANGES.

WE ARE. THANK YOU. MADAM MAYOR. YES. IF APPROPRIATE, I'D LIKE TO MAKE A MOTION. OKAY. THIS MOTION IS RELATED TO APPROVAL OF AGENDA ITEM 11 D AND ON AGENDA ITEM 11 D, THERE ARE 18 CONDITIONS THAT HAVE BEEN IDENTIFIED AND DISCUSSED BY OUR PLANNING STAFF AS WELL AS OUR CITY ATTORNEY. THEY INCLUDE ITEMS CONDITIONS TEN AND 11 TO REFERENCE CODE SECTIONS FOR CLARITY PURPOSES AND DIRECTLY RELATED TO I BELIEVE NOISE IS THAT RIGHT ON TEN AND 11? YES. YEP. ON 15 AND 16 AS PART OF THE 18 CONDITIONS, THOSE ARE REFERENCING CENTRALIZED AMPLIFICATION ON 18. THE 18TH CONDITION WILL REFERENCE FIRE CODE AND CONDITIONS RELATED TO THE FIRE CODE, I BELIEVE.

IS THAT CORRECT? IT WAS A CONDITION FROM FIRE, AND IT'S RELATED TO THE BUILDING PERMIT BUILDING TO COMBINE THE UNITS.

OKAY. SO THIS THIS APPROVAL WOULD APPROVE THESE 18 CONDITIONS AS DESCRIBED BY THE PLANNING STAFF IN TODAY'S CITY COUNCIL MEETING AND CONSISTENT WITH THE 17 CONDITIONS.

OR MAYBE IT WAS. WAS IT THE 14 CONDITIONS APPLYING TO THE PREVIOUS PETITION? IT WAS 15 APPLIED THAT WERE FROM THE PREVIOUS AND THAT PREVIOUS PETITION, THE 15 APPLICABLE TO THE PREVIOUS PETITION AND IS CARRYING FORWARD

[03:35:02]

ARE THERE ANY OTHER CONDITIONS THAT NEED. SO WHAT YOU JUST SPOKE ABOUT WITH THE 12, I WOULD I WOULD PROPOSE THAT AS AN AMENDMENT TO NUMBER THREE.

GOT IT. WE'LL STRIKE AND STRIKE THAT LAST ONE WITH THE 12 DATES AND THE FOUR ENTERTAINERS THAT WILL COME UP IN A SEPARATE MATTER.

FOR, WELL, NUMBER THREE. SO CONDITION NUMBER THREE SPEAKS TO THE 12 OCCASIONS PER YEAR.

SO I WOULD SAY WE WOULD AMEND THAT CONDITION.

NUMBER THREE, WHEN THEY PROVIDE THE DATES, WE WOULD INCORPORATE THOSE DATES IN THAT NUMBER. AND THEN THAT WOULD BE PART OF YOUR APPROVAL. OKAY.

I WOULDN'T INCORPORATE THE DATES BECAUSE EVERY YEAR IS SUBJECT TO CHANGE AND THIS RUNS WITH THE LAND.

SO I WOULD JUST SAY, WELL, I COULD WORK WITH MISS BARN, BUT NO MORE THAN 12 OCCASIONS PER YEAR, WHICH WILL BE PROVIDED BY THE BUSINESS OWNER BY BLANK DATE ON AN ANNUAL BASIS.

BECAUSE IF WE PUT DATES IN THERE, THEN WE'RE GOING TO HAVE TO AMEND THE CONDITION EVERY YEAR. SO THE MOTION INCLUDES WHAT WAS JUST ARTICULATED BY THE CITY ATTORNEY.

AND THAT CONCLUDES THE MOTION. I'LL SECOND THAT.

YEAH. SO CITY CLERK, DID YOU GET THAT? YES. JUST TO CLARIFY, ARE WE ADDING A SPECIFIC DATE FOR THEM TO SUBMIT THE DATES? YOU SAID PRIOR TO COMMENCEMENT. IF YOU WANT TO SAY MAKE IT PRIOR TO THE FIRST.

YEAH. IF YOU WANT TO SAY OCTOBER 1ST OF EACH YEAR. FISCAL YEAR. LIKE IT? THANK YOU. EVERYTHING UP? SO THE MOTION INCLUDES SUBMITTAL OF THE KEY 12 DATES BY OCTOBER 1ST OF EACH CALENDAR YEAR ANNUALLY. CORRECT.

THANK YOU. WORKS FOR ME. SECOND STILL STANDS.

AND THEN. OKAY. I HAVE A MOTION BY VICE MAYOR. I HAVE A SECOND BY COUNCIL MEMBER CRISPIN.

NO FURTHER DISCUSSION. MADAM CLERK, PLEASE PULL THE COUNCIL.

VICE MAYOR HUTCHINSON. YES. COUNCIL MEMBER. PENNIMAN.

YES. COUNCILMEMBER. CHRISMAN. YES. COUNCILMEMBER.

PARTON. YES. COUNCILMEMBER. KRAMER. YES. COUNCILMEMBER PETRINO.

NO. DO YOU HAVE TO LIST A REASON? NO. NO. MARY HEITMAN.

YES. NOW WE WILL GO TO ITEM 11. AND ERICA, I'M

[11.E. A Resolution Determining Outdoor Dining Petition 25-OD12 Changing a Previously Approved Outdoor Dining Permit (Resolution 2024-15442) Pursuant to Section 56- 126 of the Code of Ordinances to Allow for Thirty-Seven (37) Tables and Two Hundred and Sixty-One (261) Chairs on Private Property for the Restaurant Known as The District (Inclusive of District, The Mini Bar, The Alley, Staff Only) on Property Owned by Victoria Square Properties, LLC, and Located at 1200 Central Avenue, More Fully Described Herein; and Providing an Effective Date. (Erica Martin, Director of Planning)]

HAVE YOU FINISHED YOUR STAFF REPORT ON 11 E? YES.

COUNSEL, DO YOU HAVE QUESTIONS ON THE STAFF REPORT FOR STAFF? NO, I DO. SO IF I UNDERSTAND THAT THE GREEN SPACE THAT'S ON 12TH WILL BE TAKEN OUT AND IT WILL BE REPLACED WITH OUTDOOR DINING PORTIONS OF IT.

SO YOU CAN SEE ON THE PLANS THAT THE PLANTERS PART OF THE PLANTER IS ON PUBLIC PROPERTY AND PART IS ON THE PRIVATE PROPERTY.

SO THEY WILL REMOVE THE THE LANDSCAPE MATERIAL ON THE PRIVATE PROPERTY PORTION AND REPLACE THAT WITH THE OUTDOOR DINING.

THERE IS OUTDOOR DINING EXISTING ON IN ONE OF THE PLANTER BEDS, BUT THERE'S ONLY FOUR TABLES.

THERE'S TWO TABLES, TWO FOR TOPS FOR YACHT CLUB SUBS.

RIGHT. BUT IT WAS FOR A DIFFERENT COMPANY. DIFFERENT.

YEAH. STUBBS HAD THAT AFTER THAT. OKAY, I AND THEN ARE THERE ANY OTHER CHANGES TO THE SEATING WITHIN THE KITCHEN AND THE MINI? JUST RECALCULATING THE NUMBER OF SEATS THAT WERE ACTUALLY THERE.

OKAY, SO REALLY WE'RE LOOKING AT ONLY THE THE OUTDOOR DINING ON 12TH.

THAT'S THE ONLY NEW OUTDOOR DINING. YES. THANK YOU.

ANY OTHER QUESTIONS? I'D LIKE TO ADD OR SUGGEST ONE CONDITION.

YES, SIR. NUMBER EIGHT, I THINK IT SHOULD BE THE.

I KNOW IT SEEMS REDUNDANT, BUT WE SHOULD ADD THE FIRE CONDITION AGAIN TO NUMBER EIGHT.

AND THEN NUMBER NINE, BASED ON SOME OF THE TESTIMONY AND EVIDENCE I HEARD ABOUT SIGNAGE AND THINGS LIKE THAT, I THINK THIS IS A STANDARD CONDITION THAT I USUALLY ADD IN THESE TYPES OF THINGS.

I DIDN'T ADD IT IN LIVE ENTERTAINMENT BECAUSE LIVE ENTERTAINMENT COMES BACK AFTER SIX MONTHS FOR RE REVIEW. ANYWAYS TO COUNCIL.

SO FOR THIS IT'LL READ SHOULD ANY CONDITIONS LISTED IN THE RESOLUTION OR CRITERIA IN SECTION 50 6-1 26 SUB PARAGRAPH EIGHT OR

[03:40:05]

OKAY I I DO I HAVE ANY PUBLIC COMMENT? OKAY. I PERSONALLY DON'T BELIEVE THAT THIS SHOULD BE EXPANDED TO OUTSIDE. I THINK WE HAVE A GREAT OPPORTUNITY WITH THE EXPANSION.

SO I WON'T BE IN FAVOR OF ADDING OUTDOOR DINING OUTSIDE OF ON 12TH, BUT THAT'S JUST MY OPINION.

ANY OTHER COMMENTS? I'LL GO TO THE PETITIONER'S CLOSING REMARKS.

WE WOULD APPRECIATE YOUR SUPPORT ON THIS OUTDOOR DINING APPLICATION.

OKAY. THANK YOU. THANK YOU. OKAY. COUNCIL FOR CLARIFICATION, MADAM MAYOR.

FOR OUR CITY ATTORNEY, THAT NUMBER NINE CONDITION WAS REFERENCING SECTION 50 6-1 26. SO PARAGRAPH D, SUB PARAGRAPH TWO. AND THAT IS RELATED TO SIGNAGE THAT IS RELATED TO THE CRITERIA FOR THESE, WHICH ACTUALLY IRONICALLY DOES INCLUDE A PROVISION OF SIGNAGE.

SO SECTION 50 6-1 26 SUB D SUB TWO. AND THE CRITERIA ASSOCIATED WITH THAT.

CORRECT. OKAY. AND THEN THE FIRE MISS MARTIN I WANT TO MAKE SURE THAT I'M SPEAKING TO WHOEVER THE MOTION MAKER IS IS SPEAKING TO THE FIRE. WHAT IS IT? SPECIFICALLY RELATED TO FIRE CONDITION EIGHT? YES. SO THE FIRE DEPARTMENT IN THEIR REVIEW WHEN THEY REVIEWED THE LIFE SAFETY PLAN FOR BOTH OUTDOOR DINING AND LIVE ENTERTAINMENT, THAT LIFE SAFETY PLAN DEPICTS THE COMBINATION OF THE UNIT THAT IS DISTRICT AND THE UNIT THAT IS CURRENTLY PREVIOUSLY YACHT CLUB SUBS.

SO WHAT THEIR CONDITION IS, IS THAT THE PETITIONER WILL OBTAIN A BUILDING PERMIT, COMPLETE THE WORK AND HAVE THAT BUILDING PERMIT CLOSED OUT, MEANING ALL INSPECTIONS WILL BE APPROVED, CONDUCTED AND APPROVED.

THE BUILDING PERMIT WILL BE CLOSED OUT AND THAT'S THE CONDITION OF THEIR APPROVAL.

SO IF THE PETITIONER DOES NOT OBTAIN THE BUILDING PERMIT, DO THE WORK AND CLOSE OUT THAT THAT BUILDING PERMIT, THEN THEIR APPROVAL OF THE LIFE SAFETY PLAN IS VOID.

AND IT LOOKS TODAY WE'VE JUST PULLED THIS UP.

THE BUILDING PERMIT HAS BEEN RETURNED FOR CORRECTION.

SO IT HAS NOT BEEN ISSUED YET, BUT I THINK THERE'S ONE REVIEWER LEFT, ONE REVIEW THAT AND COREY CAN EXPLAIN IT.

ACCORDING TO YOUR DEPUTY FIRE CHIEF AGAIN. YES.

THE LIFE SAFETY PLAN DOES INCLUDE THE COMBINATION OF THE TWO, AND NEITHER ONE OF THE LIVE ENTERTAINMENT OR THE OUTDOOR DINING CAN BE APPROVED IF THE PERMIT IS NOT SUBMITTED FOR APPROVED, AND THEN THE WORK COMPLETED.

THERE IS AN EMERGENCY EGRESS DOOR FROM ONE OF THE UNITS THAT'S BEING ELIMINATED.

THAT IS CURRENTLY THE THAT IS THERE CURRENTLY ONE OF THE TABLES AND CHAIR SETS FOR THE OUTDOOR DINING ON 12TH STREET IS ACTUALLY RIGHT IN FRONT OF WHERE THAT DOOR IS.

SO IF THAT PERMIT IS NOT REVIEWED, THAT OBVIOUSLY CAN'T HAPPEN.

AND THANK YOU FOR THAT CLARIFICATION. DID YOU HAVE A QUESTION FOR COUNCIL MEMBER CHRISTMAN? THE THE OUTDOOR DINERS THAT WILL BE SITTING ON 12TH STREET UNDER YOUR PROPOSAL ARE ORDERING FOOD FROM WHICH ESTABLISHMENT? THEY COULD. THEY COULD ORDER IT THROUGH THE ALLEY OR THROUGH THE DISTRICT, BUT THE FOOD STILL COMES OUT OF THE KITCHEN. I MEAN, THE WHOLE COMPLEX IS THE DISTRICT OR BUT NOT THE MINIBAR.

SO IT'S. WELL, IT'S ALL IT'S ALL ONE RESTAURANT, I THINK.

I THINK IT'S IT WOULD ALL BOIL DOWN TO WHO THE SERVER WAS, THE SERVER COMING OUT OF THE ALLEY, OR THE SERVER COMING OUT OF THE DISTRICT. THAT WOULD TAKE AN ORDER TO THAT OUTDOOR DINING. SO I'M TRYING TO UNDERSTAND.

I DON'T THINK WE WOULD BRING A SERVER FROM THE MEETING ROOM OR THE OUTDOOR DINERS SITTING ON.

I MEAN, IF YOU'RE SITTING IN THE IN THE MINIBAR AREA WHERE THE OTHER OUTDOOR SEATING IS, YOU ARE YOU ARE YOU ORDERING? DO YOU HAVE YOUR CHOICE OF ORDERING FROM ANY OF THE MENUS AND FOOD AVAILABLE FROM THE DIFFERENT ESTABLISHMENTS, OR YOU JUST ORDERED MORE LIKE, I'M GONNA LET CHRIS TAKE THIS ONE.

YEAH, I THINK HE'S A GENERAL MANAGER LIKE CHRIS IS.

HE'S SWORN IN. YES. HE WAS. YEAH. SO CHRISTOPHER LEE, OWNER AND OPERATOR OF TEAM FLORIDA.

SO HOW WE OPERATE IS THAT IF YOU ARE SITTING IN THE MINI BAR, THE OUTDOOR AREA, YOU DO GET A MINI BAR MENU.

THE OUTDOOR DINING THAT WE ARE PROPOSING WILL BE UNDER THE DISTRICT MENU.

SO WE WILL HAVE DISTRICT MENUS PROVIDED EXACTLY AS WE PRESENT THEM INSIDE THE RESTAURANT.

IF THERE IS SOMEBODY ON THE OUTSIDE THAT WOULD LIKE THE MENU FROM THE MINIBAR, WE CERTAINLY ACCOMMODATE IN THAT FASHION.

SO WE DO LEAVE IT UP TO THE GUEST. BUT AS FAR AS A STANDARD DAY TO DAY OPERATION, THE WAY THE TABLES ARE GOING TO BE SET UP,

[03:45:08]

SO YOU'RE REALLY YOUR YOUR INTENTION IS TO CREATE AN OUTDOOR DINING OPPORTUNITY FOR PEOPLE.

PRIMARILY FOR PEOPLE WHO ARE WHO ARE EATING AT THE DISTRICT.

THAT IS CORRECT. AS OF RIGHT NOW, WE DO NOT HAVE THAT OFFERING.

AND I BELIEVE IN SCOTT'S LETTER IN PARTICULAR.

YOU KNOW, SCOTT SCOTT IS A, A VERY LOYAL CUSTOMER OF OURS.

HE'S WITH US FOUR TIMES A WEEK, AND HE LOVES SUSHI, BUT HE ALSO LOVES TO BE OUTSIDE.

HE USUALLY JOINS US LATER ON IN THE EVENING WHEN THE SUN GOES DOWN.

IT'S A LITTLE BIT COOLER OUTSIDE. AND HE SAYS, I WOULD, I WOULD LOVE TO GET SUSHI OUT THERE.

YOU KNOW, HE'S LIKE, BUT I JUST LIKE BEING OUTSIDE.

SO, YOU KNOW, WE HAVE ACCOMMODATED HIM YOU KNOW, ONCE OR TWICE IN THE MINIBAR.

WE DON'T REALLY, YOU KNOW, WE WANT PEOPLE TO IMMERSE THEMSELVES IN THE ROOM THAT THEY ARE IN.

SO TO HAVE SUSHI OUTSIDE OF THE MINIBAR WITH THAT TROPICAL VIBE AND THE TROPICAL MENU AND, YOU KNOW, THE LIVE ENTERTAINMENT THAT WE DO HAVE CURRENTLY IN THERE. WE WANT THE GUESTS TO IMMERSE THEMSELVES IN THAT.

IF THEY ARE AT DISTRICT, IT'S A LITTLE BIT MORE DIMLY LIT.

THERE'S A LOT OF GREENERY AND PINKS AND COLORS.

WE WANT PEOPLE TO IMMERSE THEMSELVES IN THAT SUSHI EXPERIENCE.

MORE SO THAN KIND OF YOU KNOW, KIND OF GETTING THAT, GET IN THAT GRAY AREA.

BUT WE DO ACCOMMODATE A GUEST. YOU KNOW, IF THEY IF THEY REALLY DO WANT ONE MENU OR THE OTHER.

AND AGAIN, IT'S KIND OF NO SKIN OFF OUR BACK.

EVERYTHING'S COMING OUT OF THE SAME KITCHEN. SO, YOU KNOW, WE ACCOMMODATE THE BEST THAT WE CAN.

THAT'S THAT'S A HOSPITALITY. THAT'S WHY WE DO WHAT WE DO. SO I APPRECIATE THAT CLARIFICATION. THANK YOU. PLEASURE.

THANK YOU. AND I'LL JUST SAY FROM MY INPUT ON NUMBER SEVEN, SO WE'RE WE DON'T HAVE A SURVEY ON WHETHER THEY CAN INCREASE THEIR PARKING. THIS REPAVING. WE WANT TO MAKE SURE THAT A PERMIT IS PULLED AND THE WORK IS COMPLETED, BECAUSE THE OUTDOOR DINING IS DEPENDENT UPON A CERTAIN NUMBER OF PARKING SPACES.

SO WE WANT TO MAKE SURE THAT THEY DON'T JUST PUT THE TABLES OUT THERE AND START OFFERING OUTDOOR DINING BEFORE ACTUALLY PHYSICALLY PROVIDING THE NUMBER OF PARKING SPACES.

AND IT'S VERY IMPORTANT THAT THESE BUILDING PERMITS ARE ISSUED, THE WORK IS DONE AND THAT THEY ARE CLOSED OUT, MEANING THEY'RE INSPECTED TO MAKE SURE THAT THE WORK WAS DONE PROPERLY AND THEN THEY'RE FINALIZED.

SO NO TABLES WILL GO OUT ON 12TH UNTIL THAT WORK IS COMPLETED.

VICE MAYOR. YEAH. THANK YOU. ERICA ON 11 E, WHICH IS THE ITEM WE'RE DISCUSSING NOW? WE'RE I WANT TO THIS IS FOR CLARIFICATION ON RESOLUTION 2024.

DASH 15 448. THERE WERE FIVE CONDITIONS FOR FOUR CONDITIONS.

AND AS WE'VE BEEN DISCUSSING, 11 E IT'S NOW GROWING TO NINE CONDITIONS.

RIGHT. SO I HAVE EIGHT. THE NUMBER EIGHT APPROVING THE CONDITION RELATED TO THE FIRE LIFE SAFETY PLAN.

NUMBER NINE APPROVING BASED ON THE CRITERIA IN SECTION 50 6-1 26, SUBSECTION D, SUBSECTION TWO.

YES. LET'S MAKE SURE WE'RE WE'RE ON THE SAME PAGE ON CRITERIA SIX AND SEVEN.

OKAY. ALL RIGHT. SIX BEING THAT THE KITCHEN FACILITY AND THAT'S NOT KITCHEN WITH A CAPITAL K, THAT'S THE ACTUAL FOOD PREPARATION KITCHEN FACILITY WHICH IS LOCATED IN THE FERGUSON BUILDING.

SO IT'S AN ENCLOSED SPACE IN THE OTHER BUILDING.

WE'LL OPEN AT 7 A.M. AND WILL REMAIN OPEN UNTIL THE LAST INDOOR DINING ROOM VENUE CLOSES, BECAUSE THEY ARE REQUIRED TO PROVIDE FOOD SERVICE AS A CONVENTIONAL RESTAURANT AT ALL TIMES AND UNTIL THE LAST.

HOW ARE YOU DESCRIBING THAT? THE LAST WHAT? I STOLE THIS FROM THE LAST RESOLUTION, BUT IT JUST SAID THE LAST INDOOR DINING ROOM VENUE CLOSES.

OKAY, VENUE CLOSES. AND THEN NUMBER SEVEN, NUMBER SEVEN IS JUST REQUIRING THAT A SITE WORK PERMIT BE OBTAINED BY THE PETITIONER FOR THE PARKING, AND THAT'D BE CLOSED OUT PRIOR TO THE COMMENCEMENT.

OKAY. MADAM MAYOR, WHENEVER APPROPRIATE, I'M READY TO MAKE A MOTION.

WE'RE ALL GOOD. THANK YOU. THANK YOU. OKAY. ALL RIGHT.

ON ITEM 11, I'M MOVING APPROVAL OF ITEM 11 E.

AND THIS IS BRINGING FORWARD AND APPROVING FOUR CONDITIONS, WHICH WERE PART OF A PREVIOUSLY APPROVED RESOLUTION,

[03:50:04]

AND REMAIN OPEN UNTIL THE LAST INDOOR DINING VENUE CLOSES.

NUMBER SEVEN, THE PETITIONER WILL OBTAIN A SITE WORK PERMIT FOR RE STRIPING AND TALK DISCUSSING THE THE BUILDING TO REOPEN IT.

RE-ORIENT TWO ANGLED PARKING SPACES TO CREATE FOR 90 DEGREE PARKING SPACES.

AND OPERATIONS WILL NOT COMMENCE UNTIL OPERATIONS UNTIL THE SITE WORK PERMIT HAS BEEN CLOSED OUT AND THE WORK COMPLETED PROPERLY. NUMBER EIGHT IS APPROVING THE CONDITION RELATED TO THE FIRE LIFE SAFETY PLAN IN FOR THE DISTRICT AND WHAT WAS FORMERLY KNOWN AS THE YACHT CLUB SUBS.

AND AGAIN THE BUILDING PERMIT WILL BE OPENED AND THE WORK COMPLETED, AND THE PERMIT APPROPRIATELY AND PROPERLY CLOSED OUT. NUMBER NINE SECTION.

THIS WILL APPROVE A CONDITION OF SECTION APPLYING SECTION 50 6-1 26, SUBSECTION D SUB TWO, AND THE CRITERIA ASSOCIATED WITH THIS SECTION OF OUR CODE.

THAT'S THE END OF THE MOTION. THANKS FOR YOUR CONTINGENCIES.

YES. IF THAT'S IF THAT'S ACCEPTABLE. I'LL SECOND THAT.

CAN I JUST CLARIFY THE LAST ONE? YEAH. SHOULD ANY CONDITIONS LISTED IN THE RESOLUTION OR CRITERIA IN SECTION 50 6-1 26, SUBPARAGRAPH D TWO BE VIOLATED. THE CITY COUNCIL MAY REVOKE, MODIFY OR TERMINATE THIS APPROVAL, AND THE MOTION INCLUDES VERBATIM WHAT THE CITY ATTORNEY JUST STATED.

THANK YOU. AND THE SECOND STANDS. THANK YOU. I HAVE A MOTION BY VICE MAYOR AND A SECOND BY COUNCIL MEMBER BARTON.

NO FURTHER DISCUSSION. MADAM CLERK, PLEASE CALL THE COUNCIL.

COUNCIL MEMBER. CHRISTMAN. YES. COUNCIL MEMBER.

PETRINA. NO. COUNCIL MEMBER. BARTON. YES. COUNCIL MEMBER.

KRAMER. YES. VICE MAYOR. HUTCHISON. YES. COUNCIL MEMBER.

PENNIMAN. AND MAYOR. HARTMAN. NO. IT PASSES 4 TO 3.

THANK YOU. GOOD LUCK. VERY MUCH. THANK YOU. THANK YOU.

I THINK I GOT THE NEXT THREE, SO WE'RE TAKING THEM.

OKAY. WELL COUNCIL, IT'S 1240 AND WE ARE DUE FOR A LUNCH BREAK.

DID YOU HAVE SOMETHING THAT. THAT YOU NEEDED? OKAY. ALL RIGHT. WITH THAT? WE'LL TAKE A 20 MINUTE BREAK.

OKAY. WE'RE BACK FROM LUNCH, AND WE ARE CONTINUING ON WITH ITEM

[11.F. A Resolution Determining Live Entertainment Petition 25-LE5 to Establish Amplified Indoor Live Entertainment with no More Than Two Entertainers with Doors and Windows Closed, from 11:30 A.M. to 10:30 P.M., Sunday Through Thursday and From 11:30 A.M. to 11:00 P.M. on Friday and Saturday, for the Restaurant Known as Caffe Milano on Property Owned by Fifth Avenue South LLC, and Located at 800 5th Avenue South; More Fully Described Herein; and Providing an Effective Date. (Erica Martin, Director of Planning)]

TO 10:30 P.M. SUNDAY THROUGH THURSDAY, AND FROM 11:30 A.M.

TO 11 P.M. ON FRIDAY AND SATURDAY FOR THE FIRST ROUND.

KNOWN AS CAFE MILANO ON PROPERTY OWNED BY FIFTH AVENUE SOUTH LLC AND LOCATED AT 805TH AVENUE SOUTH.

MORE FULLY DESCRIBED HEREIN AND PROVIDING AN EFFECTIVE DATE.

THANK YOU, MADAM CLERK SWEARINGEN, FOR ALL THOSE INTENDING TO OFFER.

PLEASE RISE AND RAISE YOUR RIGHT HAND. DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU'RE ABOUT TO GIVE.

BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH I DO.

THANK YOU. THANK YOU. COUNCIL DISCLOSURES. COUNCIL MEMBER.

FAMILIAR WITH THE SITE. HAD A CHAT WITH CITY STAFF.

RICHMOND. FAMILIAR WITH THE SITE. REVIEWED THE PETITION WITH CITY STAFF.

NO OTHER CONTACT. KRAMER FAMILIAR WITH THE SITE AND SPOKE WITH STAFF ABOUT IT.

FAMILIAR WITH THE SITE. SPOKE WITH STAFF. ATE THEIR LAST NIGHT.

WE TALKED TO THE WAITER ABOUT. ABOUT IT. SO I FEEL FULLY INFORMED.

VICE MAYOR. YEAH, I'M FAMILIAR WITH THE SITE AND DISCUSS WITH CITY STAFF.

NO OTHER CONTACT. I'M FAMILIAR WITH THE RESTAURANT AND I SPOKE WITH STAFF.

A REFERENCE TO THIS PETITION. COMPLETE DISCLOSURES.

GOOD AFTERNOON. GOOD AFTERNOON. IT'S BEEN A PLEASURE SPENDING THE MORNING WITH YOU ALL TODAY.

[03:55:02]

I AM HERE REPRESENTING CAFE MILANO IN THEIR EFFORTS TO OBTAIN INDOOR LIVE ENTERTAINMENT PERMIT FOR THE FIRST TIME.

CAFE MILANO IS LOCATED AT THE SOUTHEAST CORNER OF FIFTH AVENUE SOUTH AND EIGHTH STREET SOUTH, AND THE INDOOR LIVE ENTERTAINMENT AREA, WHICH I WILL SHOW YOU ON THE MONITOR, IS THIS LITTLE AREA BUBBLED IN YELLOW.

IT WILL BE A MINIMUM OF 30FT² TO ACCOMMODATE TWO LIVE PERFORMERS OR ONE DJ WITH HIS OR HER RESPECTIVE EQUIPMENT. THE LIVE ENTERTAINMENT AREA IS ADJACENT TO THE FRONT DOORS.

HOWEVER, ALL DOORS AND WINDOWS WILL BE CLOSED DURING LIVE ENTERTAINMENT WITH THE EXCLUSION OF INGRESS AND EGRESS FOR STAFF AND GUESTS.

THE INDOOR LIVE ENTERTAINMENT HOURS WOULD COINCIDE WITH THE HOURS OF THE RESTAURANT, WHICH IS SUNDAY THROUGH THURSDAY FROM 11:30 A.M. THROUGH 10:30 P.M., AND THEN ON FRIDAY AND SATURDAY FROM 11:30 A.M.

TO 11 P.M.. I SHOULD ALSO MENTION THAT THE PROPOSED AREA.

AS MENTIONED, THIS IS A NEW THING FOR THIS RESTAURANT.

THIS PROPOSED AREA WOULD HAVE WHAT'S CALLED A SHUNT TRIP CIRCUIT, WHICH MEANS THAT IN THE EVENT THAT THE FIRE ALARM FOR THE BUILDING IS ACTIVATED IN ANY WAY, IT WOULD AUTOMATICALLY TURN OFF ALL POWER TO THIS AREA SO THAT ANY KIND OF AMPLIFICATION WOULD BE AUTOMATICALLY SHUT DOWN.

IT IS A CODE REQUIREMENT. MR. ADAMSKI CAN VOUCH FOR THAT.

I DO HAVE THE GENERAL MANAGER OF CAFE MILANO WITH ME.

MARINA NIKOLAEVNA NOVIKOV. WHO CAN SPEAK TO ANY SPECIFIC OPERATIONAL QUESTIONS YOU MAY HAVE? AND THAT'S ALL I HAVE FOR YOU. THANK YOU IN ADVANCE FOR YOUR CONSIDERATION.

AND I WELCOME ANY THOUGHTS AND QUESTIONS. THANK YOU FOR YOUR PRESENTATION, COUNSEL.

DO YOU HAVE ANY QUESTIONS FOR THE PETITIONER'S AGENT? OKAY. WE'LL MOVE TO THE STAFF REPORT. GOOD AFTERNOON, KIM MOODY, CITY OF NAPLES PLANNING AND DEPARTMENT.

MY RESUME AND QUALIFICATIONS ARE ON FILE. PLANNING PETITION 25 LE5 IS FOR LIVE ENTERTAINMENT REQUEST AT CAFE MILANO, LOCATED AT 805TH AVENUE SOUTH. THE PETITIONER IS REQUESTING AMPLIFIED INDOOR LIVE ENTERTAINMENT LOCATED NEAR THE NORTHEAST ENTRANCE OF THE RESTAURANT.

THE ENTERTAINMENT WILL NOT IMPEDE INGRESS AND EGRESS.

THE REQUEST IS FOR NO MORE THAN TWO ENTERTAINERS CONSISTED OF EITHER A DJ OR INSTRUMENTAL MUSIC.

WITH WINDOWS AND DOORS CLOSED, THE ENTERTAINMENT AREA IS EIGHT BY EIGHT FOOT ALCOVE OFF THE MAIN AREA DINING AREA.

THE DEPUTY FIRE CHIEF HAS APPROVED THE LIFE SAFETY PLAN.

THE HOURS FOR THE ENTERTAINMENT WILL NOT EXCEED THE HOURS OF THE RESTAURANT, WHICH ARE SUNDAY THROUGH THURSDAY, 11:30 A.M. TO 10:30 P.M. AND FRIDAY THROUGH SATURDAY, 11:30 A.M.

TO 11 P.M.. THERE IS NO PRIOR LIVE ENTERTAINMENT APPROVAL FOR THIS ESTABLISHMENT ON JULY 18TH, 2025. A TOTAL OF 368 LETTERS WERE MAILED TO PROPERTY OWNERS WITHIN 1000FT OF THE SUBJECT PROPERTY.

STAFF HAS RECEIVED NO CORRESPONDENCE REGARDING THIS LIVE ENTERTAINMENT REQUEST.

STAFF HAS REVIEWED THE PETITION REQUESTING INDOOR LIVE ENTERTAINMENT AGAINST THE REQUIREMENTS OF SECTION 56 125, AND FIND THAT THE STANDARDS HAVE BEEN MET. STAFF RECOMMEND THE FOLLOWING CONDITIONS SHOULD CITY COUNCIL APPROVE LIVE ENTERTAINMENT.

PETITION 25 L5 NUMBER ONE APPROVAL IS LIMITED TO AMPLIFIED INDOOR LIVE ENTERTAINMENT, WITH A MAXIMUM OF TWO PERFORMERS.

ALL DOORS AND WINDOWS MUST REMAIN CLOSED DURING PERFORMANCE, WITH THE EXCEPTION THAT PATRONS AND STAFF MAY ENTER AND EXIT DURING LIVE ENTERTAINMENT.

NUMBER TWO SOUND, CREATED BY LIVE ENTERTAINMENT ESTABLISHMENT, SHALL NOT CAUSE NOISE AS DEFINED IN SECTION 2237 OF THIS CODE.

NUMBER THREE, THE CITY COUNCIL WILL REVIEW THIS PERMIT APPROXIMATELY SIX MONTHS FOLLOWING THE DATE OF APPROVAL, AND MAY REVOKE OR ALTER THE APPROVED PERMIT OR OPPOSE ADDITIONAL CONDITIONS AT THAT TIME.

STAFF IS AVAILABLE FOR QUESTIONS. THANK YOU. COUNCIL QUESTIONS FOR STAFF.

OKAY. DO I HAVE ANY PUBLIC COMMENT SLIPS, MADAM CLERK? OKAY. CLOSING REMARKS BEFORE. THANK YOU FOR YOUR CONSIDERATION.

THANK YOU. ALL RIGHT. COUNCIL. OH, JUST ONE QUESTION.

I JUST WANT TO MAKE SURE THE AGENT HAS HAD A CHANCE TO REVIEW THE FIVE CONDITIONS AND THE RESOLUTION.

YES, BECAUSE I DID HEAR YOU DURING YOUR PRESENTATION SAY THAT THE DJ WILL BRING HIS OWN EQUIPMENT.

SO I JUST WANT TO MAKE SURE THAT YOU'RE AWARE OF THE PERMANENT SPEAKERS, ETC..

[04:00:03]

I HAVE A MOTION BY COUNCIL MEMBER PETROV AND A SECOND BY COUNCIL MEMBER PENMAN.

MADAM CLERK, PLEASE HOLD COUNCIL. COUNCIL MEMBER.

PENMAN. YES. VICE MAYOR. HUTCHISON. YES. COUNCIL MEMBER.

PETROV. YES. COUNCIL MEMBER. BARTON. YES. COUNCIL MEMBER.

CHRISTMAN. YES. COUNCIL MEMBER. KRAMER. YES. MAYOR.

HEITMANN. YES. PASSES. UNANIMOUSLY. THANK YOU VERY MUCH.

THANK YOU FOR BEING WITH US TODAY. OKAY. THAT TAKES US TO 11 G

[11.G. A Resolution Determining Live Entertainment Petition 25-LE6 to Establish Amplified Indoor and Outdoor Live Entertainment with no More Than Two Entertainers, Playing Indoors with Doors and Windows Closed, From 3:00 P.M. to 9:00 P.M., Monday Through Saturday and From 11:00 A.M. to 2:00 P.M., on Sunday, for the Restaurant Known as BICE on Property Owned by M-P Realty, LLC, and Located at 300 5th Avenue South; More Fully Described Herein; and Providing an Effective Date. (Erica Martin, Director of Planning)]

TO ESTABLISH AMPLIFIED INDOOR AND OUTDOOR LIVE ENTERTAINMENT. WITH NO MORE THAN TWO ENTERTAINERS PLAYING INDOORS WITH DOORS AND WINDOWS CLOSED FROM 3 P.M. TO 9 P.M.

MONDAY THROUGH SATURDAY, AND FROM 11 A.M. TO 2 P.M.

ON SUNDAY FOR THE FOR THE RESTAURANT, KNOWN AS BJ ON PROPERTY OWNED BY EMP REALTY LLC AND LOCATED AT 305TH AVENUE SOUTH.

MORE FULLY DESCRIBED HEREIN AND PROVIDING AN EFFECTIVE DATE.

MADAM CLERK, SWEARING IN ALL THOSE INTENDING TO OFFER TESTIMONY WHO ARE NOT PREVIOUSLY SWORN.

PLEASE RISE. RAISE YOUR RIGHT HAND. THANK YOU.

YOU ARE GOOD. THANK YOU. THANK YOU. COUNCIL DISCLOSURES.

COUNCIL MEMBER PENNIMAN. FAMILIAR WITH THE SITE? NO CONTACT. PERSON FAMILIAR WITH THE SITE. SPOKE TO STAFF ABOUT THE PETITION.

NO OTHER CONTACT. CRAMER FAMILIAR WITH THE SITE AND SPOKE TO STAFF FAMILIAR WITH THE SITE.

SPOKE WITH STAFF, CALLED UP SOME OF THESE PEOPLE THAT HAD ISSUES THAT HAD WRITTEN, WRITTEN TO US AND VICE MAYOR.

I'M FAMILIAR WITH THE SITE. I'VE BEEN A HISTORICAL CUSTOMER AT THE SITE.

DISCUSS THIS ITEM WITH STAFF AND HAVE RECEIVED EMAILS THAT ARE PART OF THE PUBLIC RECORD.

NO OTHER CONTACT. THANK YOU. AND I AM VERY FAMILIAR WITH THE STAFF WITH THE RESTAURANT AND SPOKE WITH STAFF AND KNOW AND RECEIVED EMAILS WITH THAT. GOOD TO BE WITH YOU AGAIN. FOR THE RECORD, I AM JAMES, PRESIDENT OF JAMES CHENANGO ARCHITECT, LOCATED AT 2500 TAMIAMI TRAIL NORTH, HERE IN BEAUTIFUL NAPLES.

I AM REPRESENTING BEACH RESTAURANTE AND THEIR EFFORTS TO SECURE BOTH LIVE INDOOR LIVE ENTERTAINMENT AND OUTDOOR LIVE ENTERTAINMENT. NOT AT THE SAME TIME INDEPENDENT OF EACH OTHER.

BEACH RESTAURANTE IS LOCATED AT THE SOUTHEAST CORNER OF FIFTH AVENUE SOUTH AND THIRD STREET SOUTH.

THE LOCATIONS OF THE LIVE ENTERTAINMENT ARE IN THE CORNER OF THE EXISTING BAR LOUNGE AREA, AND THEN OUTSIDE ON THE THIRD STREET PATIO. I SHOULD MENTION THAT THIS RESTAURANT HAS HAD A LIVE ENTERTAINMENT PERMIT SINCE THE YEAR OF 2012, SO WE'RE ESSENTIALLY LOOKING TO EXPAND THE NUMBER OF DAYS THAT THAT IS AVAILABLE TO THEM. IN A LITTLE BIT MORE DETAIL, THE TWO AREAS WOULD BE A MINIMUM OF 30FT² TO FACILITATE TWO LIVE PERFORMERS OR ONE DJ WITH THEIR RESPECTIVE EQUIPMENT.

THE INDOOR ENTERTAINMENT WOULD BE WITH CLOSED DOORS AND WINDOWS.

AND EXCEPT FOR INGRESS AND EGRESS OF STAFF AND GUESTS.

THE SOUND WOULD BE AMPLIFIED. AND THIS PROJECT AS WELL WOULD HAVE THE TRIP BREAKERS FACILITATING SHUTTING DOWN ANY AMPLIFICATION IN THE EVENT THAT THE BUILDING'S FIRE ALARM WAS ACTIVATED.

NOW, THIS ONE IS A LITTLE BIT MORE COMPLICATED THAN THE LAST ONE.

AS MENTIONED THEY'RE APPLYING FOR LIVE ENTERTAINMENT, BOTH INDOORS AND OUTDOORS.

THOSE TWO WOULD NEVER OCCUR AT THE SAME TIME.

IT WOULD EITHER BE LIVE ENTERTAINMENT OUTDOORS OR LIVE ENTERTAINMENT INDOORS.

THE ONE THAT'S PROBABLY OF MORE CONCERN IS OBVIOUSLY THE ONE ON THE OUTSIDE.

THEY HAVE OPERATED OVER THE PAST 12, 13 YEARS, SINCE 2012.

LIVE OUTDOOR ENTERTAINMENT AND TO TRY TO ADDRESS SOME OF THE CONCERNS THAT WERE BROUGHT UP IN A PREVIOUS PETITION REGARDING LIVE OUTDOOR ENTERTAINMENT. THEY'VE OPERATED FOR 13 YEARS WITHOUT ANY CITATION OR VIOLATIONS.

BEACH RESTAURANTE HAS BEEN OPERATING AS A ELEGANT FINE DINING ITALIAN RESTAURANT FOR OVER 20 YEARS HERE

[04:05:06]

SO WE DON'T HAVE ANY SOPHISTICATED SOUND STUDIES TO PRESENT TO YOU ABOUT OUTDOOR LIVE ENTERTAINMENT.

WE JUST HAVE A HISTORY OF 13 YEARS OF BEING GOOD NEIGHBORS, SO WE HOPE THAT THAT GIVES YOU ENOUGH CONFIDENCE TO BE ABLE TO APPROVE THIS APPLICATION.

THE HOURS OF OPERATION FOR THE RESTAURANT WOULD COINCIDE WITH THE LIVE ENTERTAINMENT, WHICH IS MONDAY THROUGH SATURDAY FROM 3 P.M.

UNTIL 9 P.M. AND THEN ON SUNDAYS FROM 11 ONLY UNTIL 2 P.M..

AGAIN, I HAVE THE GENERAL MANAGER OF BEACH RISTORANTE HERE WITH US, MARINA NOVIKOV, TO ANSWER ANY SPECIFIC QUESTIONS REGARDING OPERATIONS. AND AGAIN, THANK YOU FOR YOUR CONSIDERATION.

THANK YOU FOR YOUR PRESENTATION AND ANY QUESTIONS FOR THE PETITIONER.

JUST I WILL HAVE A HARD TIME WITH THE AMOUNT OF CONCERNS WITH THE NEIGHBORHOOD HAVING OUTDOOR.

BUT I DO KNOW THAT THEY ARE HAVE BEEN A VERY GOOD ASSET TO THE COMMUNITY.

AND WE WANT TO KEEP THE RELATIONSHIP BETWEEN THE COMMUNITY AND THE RESTAURANT IN SYNC, BUT I FEEL THE SAME WAY. THAT'S JUST MY COMMENT. COUNCILMAN KRISEMAN THEN ASKED MR. NAPA, JUST A QUESTION ON THE HISTORIC PERMITS THAT YOU HAD FOR THE RESTAURANT, HAD FOR OUTDOOR ENTERTAINMENT, LIVE ENTERTAINMENT, GOING BACK TO, WHAT, 2012, 2012? HOW HAS THAT BEEN UTILIZED? SO THEY WERE APPROVED FROM MONDAY, TUESDAY AND THURSDAYS FROM 4:00 TO 6:00, I BELIEVE IT WAS.

AND THEY'RE ASKING NOW TO EXPAND THAT LIVE OUTDOOR ENTERTAINMENT TO INCLUDE ALL HOURS OF OPERATION.

BUT AGAIN, THEY WOULD NOT BE DOING INDOOR AND OUTDOOR AT THE SAME TIME.

SO IT WOULD NOT BE ALL OF THOSE. SO THAT THE CHANGE IN HOURS IS WHAT'S TRIGGERING THIS REQUEST.

AND ALSO YES. YES, THAT'S. IT WOULD NOT BE. BUT WHAT I WAS REALLY TRYING TO GET AT IS HAS HAS THE RESTAURANT CONSISTENTLY FOR THE LAST 13 YEARS HAD OUTDOOR PERFORMERS DURING THE TIMES THAT THEY'VE BEEN PERMITTED.

YES, THEY HAVE, THEY HAVE. SO IN SEASON, HOW COULD YOU JUST TALK ABOUT, YOU KNOW, TO WHAT DEGREE HAVE WE SEEN OUTDOOR LIVE ENTERTAINMENT AT THE RESTAURANT? CAN I INVITE THE GENTLEMAN MANAGER TO SPEAK TO THAT? YEAH. GOOD AFTERNOON. SO THE IDEA IS TO CREATE A VERY POSITIVE AMBIANCE FOR THE GUESTS. AND IT'S BEEN THE PETITION IS ACCORDING TO THE DEMAND THAT WE'VE HAD IN THE PAST IN THE RESTAURANT.

SPEAKING ABOUT THE OUTDOOR MUSIC, WE WANT TO PUT IT ON THE THIRD STREET STRAIGHT AND OBVIOUSLY SPEAKERS FACING THEIR NORTH.

THEY FACE TOWARDS THE PATIO AS OPPOSED TO OUT TOWARDS THIRD STREET.

YES, TO ELIMINATE THE. SO THEY WILL BE FACING TOWARD, NOT TOWARD THIRD STREET.

TOWARDS THE PATIO, NOT TOWARDS THIRD STREET. YES.

SO ON FIFTH, THEN NO, WE'RE ON THIRD STREET. THIRD, THERE'S NO OUTDOOR LIVE ENTERTAINMENT ON FIFTH AVENUE.

IT'S ONLY ON THE THIRD STREET PATIO. JUST ON.

ON THE THIRD STREET PATIO. CORRECT? CORRECT. SO THE AMPLIFICATION WOULD BE PARALLEL WITH THIRD STREET AS OPPOSED TO PERPENDICULAR OUT TO THIRD STREET NOW.

AND WHAT I'M TRYING TO GET AT IS THAT HOW IT HAS BEEN HANDLED UP TILL NOW? YES. AND HAVE THERE BEEN WHAT KIND OF. WELL, MAYBE THIS IS A STAFF QUESTION.

HAVE WE HAVE WE RECEIVED COMPLAINTS? NO, WE HAVE NOT.

CODE ENFORCEMENT DID NOT HAVE ANY COMMENTS IN THE REPORT.

NO VIOLATIONS. THANK YOU. SO THE WHAT I'M TRYING TO TRYING TO UNDERSTAND IS THE, THE THE TYPE OF THE TYPE AND LOCATION OF OUTDOOR LIVE ENTERTAINMENT THAT WILL OCCUR IN THE FUTURE. WELL, IT WILL BE IN THE SAME LOCATION AS IT HAS BEEN HISTORICALLY.

[04:10:01]

AND THE DIFFERENCE IS THAT THE HOURS AND BOTH BOTH THE HOURS AND THE NUMBER OF DAYS IS BEING INCREASED. THAT IS CORRECT. OKAY. AND IT'S BEING INCREASED FROM 4 TO 6 ON MONDAY TUESDAY WEDNESDAY.

CURRENTLY. MONDAY TUESDAY THURSDAY MONDAY, TUESDAY THURSDAY TO WHAT, ESSENTIALLY SEVEN DAYS A WEEK FROM WIN TO WIN.

1130 I'M SORRY. 3 P.M. TO 9 P.M. ON MONDAY THROUGH SATURDAY.

AND THEN ON SUNDAY ONLY FROM 11 TO 2. OKAY. THAT'S ALL I HAVE FOR NOW, ANYWAY.

THANK YOU. CAN I JUST ASK PETITIONER WHEN HAVE YOU HAD LIVE ENTERTAINMENT OUTDOORS? HAVE YOU HAD IT THIS YEAR OR THE LAST TWO YEARS? WE HAVEN'T HAD IT FOR A FEW YEARS. RIGHT? I'M SORRY.

THAT WAS THE QUESTION. BECAUSE I'M LIKE, I MEAN, I GO TO YOUR RESTAURANT AND I'M DOWN THERE ALL THE TIME, AND I'M SAYING MAYBE I'M JUST MISSING IT, YOU KNOW? SO YOU HAVE NOT BEEN USING. SO SO THAT REMINDS ME ONE MORE QUESTION.

SO IF IF THIS PETITION FOR EXPANDED LIVE OUTDOOR ENTERTAINMENT WERE NOT APPROVED, YOU WOULD STILL BE APPROVED UNDER THE PREVIOUS SUBMISSION TO HAVE LIVE ENTERTAINMENT FROM 4 TO 6 MONDAY, TUESDAY AND THURSDAY. IS THAT CORRECT? THAT'S A PREEXISTING APPROVAL. THEY COULD IF THIS WAS GOING SOUTH, THEY COULD WITHDRAW THEIR REQUEST AND MAINTAIN THE APPROVAL THAT THEY STILL HAVE.

MR. MCCONNELL. I THINK THAT'S THAT'S A FAIR STATEMENT.

BUT I'M I'M CONFUSED RIGHT NOW. PERSONALLY, I WAS HOPING THAT STAFF CAN MAYBE CLARIFY, LIKE WHAT THEY CURRENTLY HAVE.

THAT'S WHAT I WAS TRYING TO GET AT. I LIKE, LIKE INDOOR AND OUTDOOR.

LIKE WHAT IS CURRENTLY ALLOWED. DO YOU WANT ME TO DO THE WHOLE REPORT? YEAH. I'M SORRY. WE DID. YEAH. WE NEED TO GO TO STAFF REPORT.

LET'S LET STAFF TALK. AND PROBABLY ALL OF THESE QUESTIONS WILL BE ANSWERED. OKAY. YOU WANT TO WAIT FOR STAFF THEN, BARTON? DO YOU WANT TO. KRAMER. OKAY. THANK YOU.

THEN WE'LL THANK YOU FOR THE PETITIONER. WE'LL GO TO THE STAFF REPORT.

OKAY. GOOD AFTERNOON, KIM NUTI, CITY OF NAPLES PLANNING DEPARTMENT.

MY RESUME AND QUALIFICATIONS ARE ON FILE. PLANNING PETITION 25 LA SIX IS FOR LIVE ENTERTAINMENT.

REQUEST FOR INDOOR AND OUTDOOR LIVE ENTERTAINMENT AND FOR AMPLIFIED ENTERTAINMENT AT BEACH RESTAURANT, LOCATED AT 305TH AVENUE. SOUTH BEACH RECEIVED OUTDOOR DINING APPROVAL IN 2012 THROUGH OUTDOOR DINING PETITION 12, DASH, ODB THREE, AND OUTDOOR LIVE ENTERTAINMENT APPROVAL.

ALSO IN 2012, THROUGH PETITION TEN LA EIGHT AND A RESIDENTIAL IMPACT STUDY OF TEN RSI 17.

THE APPROVAL WAS FOR A MAXIMUM OF TWO AMPLIFIED PERFORMERS ON THE OUTDOOR PATIO FACING THE RESTAURANT ON MONDAYS, TUESDAYS AND THURSDAYS FROM 4 P.M. TO 6 P.M. THE PETITIONER IS NOW REQUESTING A MAXIMUM OF TWO AMPLIFIED PERFORMERS, EITHER A DJ OR A LIVE INSTRUMENTAL. INDOORS AND OUTDOORS, THE INDOOR AND OUTDOOR AMPLIFIED LIVE ENTERTAINMENT REQUEST.

HOURS ARE MONDAY THROUGH SUNDAY, MONDAY THROUGH SATURDAY, 3 P.M.

TO 9 P.M. AND SUNDAY. 11 A.M. TO 2 P.M.. THE DEPUTY FIRE CHIEF HAS APPROVED THE LIFE SAFETY PLAN ON JULY 18TH, 2025. A TOTAL OF 647 LETTERS WERE MAILED OUT TO PROPERTY OWNERS WITHIN 1000FT OF THE SUBJECT PROPERTY.

STAFF HAS RECEIVED NUMEROUS CORRESPONDENCE OPPOSING AND SUPPORTING THIS REQUEST.

ALL THAT HAS BEEN INCLUDED IN THE STAFF REPORT OR GIVEN TO CITY COUNCIL THIS MORNING.

IF THAT CAME IN AFTER THE AGENDA WAS POSTED. STAFF HAS REVIEWED THE PETITION REQUESTING OUTDOOR.

I'MSORRY. REQUESTING INDOOR AND OUTDOOR LIVE ENTERTAINMENT.

AGAINST THE REQUIREMENTS OF SECTION 56 125. AND FIND THAT THE STANDARDS HAVE BEEN MET.

STAFF RECOMMENDS THE FOLLOWING CONDITIONS. SHOULD CITY COUNCIL APPROVE LIVE ENTERTAINMENT PETITION 25 L.A.

SIX NUMBER ONE FOR AMPLIFIED INDOOR AND OUTDOOR LIVE ENTERTAINMENT WITH A MAXIMUM OF TWO PERFORMERS.

ALL DOORS AND WINDOWS MUST REMAIN CLOSED DURING INDOOR PERFORMANCES, WITH THE EXCEPTION THAT PATRONS AND STAFF MAY ENTER AND EXIT DURING LIVE ENTERTAINMENT.

NUMBER TWO SOUND, CREATED BY LIVE ENTERTAINMENT ESTABLISHMENTS, SHALL NOT CAUSE NOISE AS DEFINED IN SECTION 22 DASH 37 OF THIS CODE.

NUMBER THREE, CITY COUNCIL WILL REVIEW THE PERMIT APPROXIMATELY SIX MONTHS FOLLOWING THE DATE OF APPROVAL, AND MAY REVOKE OR ALTER THE APPROVED PERMIT OR IMPOSE ADDITIONAL CONDITIONS AT THAT TIME.

NUMBER FOUR ALL AMPLIFIED MUSIC SHALL COME FROM PERMANENT SPEAKERS INSTALLED ON THE PROPERTY THAT ARE ORIENTED TOWARD THE PROPERTY AND AWAY FROM SURROUNDING PROPERTIES.

[04:15:09]

THE RESTAURANT IS OPEN. EQUIPMENT, PRODUCT SPECIFICATIONS AND A LAYOUT PLAN MUST BE PROVIDED TO STAFF PRIOR TO INSTALLATION.

NUMBER FIVE THE OWNER SHALL INSTALL AND MAINTAIN A PERMANENT SET OF OUTDOOR AMPLIFICATION EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, SPEAKERS AND AMPLIFIERS, FOR USE BY ALL ARTISTS PLAYING WITHIN THE PERMITTED AREA.

ALL MUSIC SHALL COME FROM SET ON SITE EQUIPMENT, AND NO OUTSIDE AMPLIFICATION EQUIPMENT MAY BE BROUGHT IN.

DIRECTIONAL SPEAKERS SHALL BE ORIENTED TOWARD THE SUBJECT PROPERTY AND AWAY FROM SURROUNDING PROPERTIES.

THE OWNER SHALL PROVIDE A LIST OF EXISTING OR NEWLY INSTALLED EQUIPMENT AND SPECIFICATION SHEETS, INCLUDING A SITE PLAN FOR STAFF TO REVIEW PRIOR TO INSTALLATION AND OPERATION OF THE AREA.

THANK YOU. COUNCILMAN. SO WHAT WE HAVE HERE IS A SITUATION WHERE WE HAVE A A RESTAURANT THAT HAS BEEN APPROVED FOR OUTDOOR LIVE ENTERTAINMENT.

AND BUT HAS NOT UTILIZED THAT APPROVAL AUTHORITY IN RECENT TIMES, AT LEAST APPARENTLY IS ASKING FOR EXPANDED. EXPANDED HOURS AND DAYS. I GUESS I'LL JUST, YOU KNOW, I DON'T REALLY HAVE ANY QUESTIONS. I'LL JUST TELL YOU ALL WHAT I THINK.

I THINK THAT CERTAINLY I'M COMFORTABLE WITH THE INDOOR LIVE ENTERTAINMENT REQUEST, BUT I'M NOT WITH THE OUTDOOR.

BUT HERE'S WHY. I DON'T THINK, FIRST OF ALL, THAT FIFTH AVENUE SOUTH IS AN ENTERTAINMENT DISTRICT.

I DON'T THINK THAT'S WHAT IT WAS MEANT TO BE.

I THINK IT'S A MIXED USE DISTRICT, WHICH INCLUDES COMMERCIAL TRADITIONAL COMMERCIAL, RETAIL, HOSPITALITY AND RESIDENTIAL.

AND WE HEAR A LOT ABOUT NOISE FROM CERTAIN PARTS OF OUR CITY PARTICULARLY AND AND A LOT OF THOSE NOISE CONCERNS ARE CENTERED ON FIFTH AVENUE.

AND I, YOU KNOW, WE'RE GOING TO BE HEARING MORE ABOUT THIS AND TALKING ABOUT NOISE.

AND I IMAGINE IN THE MONTHS AHEAD, AND WE'VE ALL SEEN DIFFERENT PROPOSALS COME ACROSS OUR DESK FROM DIFFERENT GROUPS AND CITIZENS ABOUT HOW WE CAN CONTROL AND ENFORCE NOISE AND ENFORCE THE CONTROL OF NOISE.

AND I DON'T KNOW WHAT I YET WHAT I THINK ABOUT THOSE INDIVIDUAL PROPOSALS, BECAUSE I DON'T KNOW ENOUGH ABOUT THEM.

BUT I MADE UP MY MIND A WHILE A WHILE BACK THAT I WAS NOT GOING TO SUPPORT ANY ADDITIONS TO NOISE ON FIFTH AVENUE FROM LIVE ENTERTAINMENT, OUTDOOR LIVE ENTERTAINMENT WHEN WE MIGHT BE HAVING THAT CONVERSATION SEPARATELY. AND I HAVE OPPOSED AT LEAST ONE OTHER PETITION THAT CAME TO US RECENTLY FROM A RESTAURANT FOR OUTDOOR LIVE ENTERTAINMENT, AND I WANT TO BE CONSISTENT IN THAT POSITION.

SO I CANNOT SUPPORT THIS REQUEST NOTWITHSTANDING THE FACT THAT THEY HAVE A PREEXISTING APPROVAL FOR FOR ON A LIMITED BASIS PROVIDING THAT KIND OF LIVE ENTERTAINMENT.

OUTDOORS. I JUST DON'T THINK IT'S IT'S THE KIND OF FIT THAT WE WANT TO HAVE ON FIFTH AVENUE.

IT'S A PERSONAL OPINION. AND I WANT TO BE CONSISTENT IN MY VOTES WHEN THESE MATTERS COME UP.

THANK YOU. I HAVE COUNCILMEMBER BURTON. THE. THIS IS FOR STAFF, I THINK.

SO THE CURRENT APPROVAL IS MONDAY, TUESDAY, THURSDAY, 4 TO 6.

AND THAT'S SPECIFICALLY FOR OUTDOOR. CORRECT.

DO THEY HAVE ARE THEY ALREADY APPROVED FOR INDOOR? I'D HAVE TO PULL IT UP TO SEE.

[04:20:18]

I BELIEVE THAT MY INCLINATION IS TO NOT NECESSARILY SUGGEST A REVOCATION OF THEIR EXISTING OUTDOOR.

THEY'RE NOT USING IT RIGHT NOW ANYWAY. BUT WHAT WAS THE WHAT WAS THE WHAT PROMPTED THE THE REQUEST FOR EXPANDING THE OUTDOOR WHEN WE WEREN'T USING THE OUTDOOR TO BEGIN WITH? PATRONS. AND YOUR THOUGHT ON THE EXISTING APPROVAL THAT YOU HAVE, WHICH IS AGAIN, MONDAY, TUESDAY, THURSDAY, 4 TO 6 WAS YOU WERE THINKING THAT THAT TWO HOUR WINDOW WASN'T ENOUGH, OR YOU WANTED IT TO BE A LATER TIME FOR PATRONS.

AS YOU PROBABLY ALREADY AWARE, WE'RE GOING UNDER THE RENOVATION, WHICH GOES UNDER RENOVATION BECAUSE WE PLAN TO CELEBRATE OTHER YEAR ANNIVERSARY AT 06:00. SO OUR IDEA WAS TO BRING ALL THE COMMENTS OF THE GUESTS, ALL THE FEEDBACK AND CONSIDERING THAT DEMAND TO HAVE ALREADY APPROVAL BY THE TIME WHEN WE REOPEN TO HAVE THE NICE ENTERTAINMENT PLANNED FOR INDOORS AND OUTDOORS.

AND AT THE SAME TIME, IT'S NOT AVAILABLE PLAY AT THE DURING THE SAME HOURS OF OPERATION.

SO IT WILL BE EITHER INDOOR OR OUTDOOR ENTERTAINMENT AND FOR OUTDOOR.

THE MAIN IDEA WAS THE BRUNCH. SUNDAY BRUNCH. WOULD YOU ENJOY A NICE MUSIC WHILE YOU'RE HAVING A NICE BRUNCH? SIPPING A NICE MIMOSA, SITTING OUTSIDE WATCHING THE PEOPLE? I THINK IT WILL BE A REALLY GREAT ADDITION. OKAY.

ALL RIGHT. THAT'S THAT'S ALL THE QUESTIONS I HAVE. BECAUSE I HAVE. YES.

SO THEY WERE APPROVED FOR INDOOR AMPLIFIED TWO PERFORMERS, 5 P.M.

TO 11:30 P.M. NIGHTLY. OKAY. OKAY. THAT'S. THAT'S ALL I HAVE FOR RIGHT NOW.

COUNCIL MEMBER. KRAMER. YES. AND I ABSOLUTELY RESPECT MY COLLEAGUE, COUNCILMAN KRISEMAN FOR HIS IT'S A MATTER OF PRINCIPLE, AND HE'S STICKING TO HIS GUNS. I LOOK AT IT IN DIFFERENT WAYS AS A MATTER OF PRINCIPLE.

THERE ARE EIGHT OTHER ESTABLISHMENTS IN OUR IN OUR PACKET TODAY.

THEY LISTED EIGHT PLACES THAT ARE WITHIN PROXIMITY THAT HAVE OUTDOOR ENTERTAINMENT ALREADY.

MY COACH, I SEE THOSE AS COMPETITORS, AND I COULD SEE WHY MY PATRONS WOULD WANT TO SAY AND IN TERMS OF PHILOSOPHICALLY WHERE I AM OR A MATTER OF PRINCIPLE.

IF IF WE DENY THIS, IT'S NOT JUST GUILTY UNTIL PROVEN INNOCENT.

IT'S GUILTY WITH NO CHANCE OF PROVING INNOCENCE.

AND SO WE'VE GOT CHECKS AND BALANCES IN PLACE IN THE CITY.

WE HAVE CODE COMPLIANCE. IF, IF THEY DON'T COMPLY AND IN ADDITION BUILT INTO THIS IF I'M RIGHT, ERIC, THERE'S GOING TO BE A SIX MONTH REVIEW THAT IS REQUIRED.

IT'S NOT OPTIONAL. AND SO I THINK THERE'S ENOUGH THERE.

AND I GOT LETTERS TO PRO AND CON. IT'S INTERESTING HOW THE CONS JUST SHOUT AT YOU AND THE PROS.

YOU KIND OF FILE THEM. THAT'S JUST HOW IT IS HUMAN NATURE OR OUR CULTURE OR WHATEVER.

AND BUT THE MORE THEY SHOUT, THE MORE I THOUGHT, WELL, THEY DON'T EVEN HAVE.

YOU'RE SHOUTING ABOUT SOMETHING THAT HASN'T EXISTED. SO THEY DON'T THEY DON'T YELL AT ME SO MUCH NOW.

SO WITH THAT, I SAY I WOULD. I WOULD SUPPORT IT JUST ON PRINCIPLE, JUST LIKE MY COLLEAGUE.

AND THE PRINCIPLE BEING I'M NOT GOING TO A HANDICAP SOMEONE THAT'S IN THE MARKETPLACE AND COMPETITION AND B AND PROBABLY MORE IMPORTANTLY FOR ME, I DON'T WANT TO SUPPOSE GUILT WHEN THEY'VE HAD NO CHANCE TO EVEN ESTABLISH THEMSELVES.

THAT'S ALL. THANKS. CAN I CAN I JUST. COUNCILMAN KRAMER, I APPRECIATE WHAT YOU JUST SAID, AND I RESPECT YOUR VIEWS LIKE YOU DO MINE, SO.

BUT BUT I JUST WANT TO GET A PIECE OF FACTUAL INFORMATION.

CLEAR. AS I AS I LOOKED AT THE STAFF MEMO, THERE WERE THERE WERE A NUMBER OF OTHER RESTAURANTS THAT WERE LISTED FOR INDOOR OUTDOOR LIVE ENTERTAINMENT, BUT THE ONLY TWO THAT I SAW THAT CURRENTLY HAVE OUTDOOR LIVE ENTERTAINMENT

[04:25:03]

THE OTHERS HAVE INDOOR AND SOME HAVE OUTDOOR AND INDOOR.

BUT I GUESS OUR QUESTION FOR STAFF. THE POINT I'M REALLY GETTING TO IS THAT OUTDOOR LIVE ENTERTAINMENT I DON'T THINK PROLIFERATES ON FIFTH AVENUE. I MAY BE WRONG ABOUT YOUR COMPETITION ISSUE.

IT'S LIMITED RIGHT NOW, AND I'M JUST, YOU KNOW, IF THAT'S THE CASE, I'M JUST HESITANT TO TO TO EXPAND IT. THANK YOU. I HAVE VICE MAYOR. THANK YOU, MADAM MAYOR, FOR OUR STAFF. THE.

AMPLIFIED INDOOR ENTERTAINMENT. PART OF THAT IS A REQUIREMENT THAT DOORS AND WINDOWS ARE CLOSED.

YES, THAT'S A REQUIREMENT BY CODE. WHY IS THAT? IF WE'RE IF WE'RE CONSIDERING APPROVING OUTDOOR ENTERTAINMENT, LIVE AMPLIFIED ENTERTAINMENT, WHY IS A CONDITION OF INDOOR ENTERTAINMENT TO HAVE DOORS AND WINDOWS CLOSED? BECAUSE IF YOUR ENTERTAINER IS, SAY, THE PERSON PLAYING AN INSTRUMENT OR PERFORMING IS LOCATED INDOORS, BUT YOUR ENTIRE RESTAURANT IS OPEN TO THE STREET.

WE CONSIDER THAT OUTDOOR, BUT WE WOULD HAVE IN THIS ONE.

WE'RE APPROVING BOTH. SO WHY WOULD DOORS AND WINDOWS BE CLOSED? BECAUSE THEY HAVE ATTESTED THAT THERE WILL BE TIMES WHEN THEY ARE ONLY PROVIDING ENTERTAINMENT INDOORS.

WITH THOSE DOORS AND WINDOWS CLOSED, THEY WILL NOT HAVE AN ENTERTAINER.

I'M ASKING, I UNDERSTAND WHY, IF YOU APPROVE OUTDOOR ENTERTAINMENT, AND DURING THE SAME PERIOD OF TIME THAT OUTDOOR AMPLIFIED ENTERTAINMENT IS APPROVED. IF SOMEONE CHOOSES TO BE INDOORS, WHY WOULD WE SAY DOORS AND WINDOWS CLOSED? THAT'S WHAT THEY ASKED FOR. OKAY. I'M JUST. I'M JUST TALKING ABOUT COMMON SENSE.

I'M JUST A GOOD OLD BOY FROM OKLAHOMA, AND I'M TRYING TO UNDERSTAND THIS.

CAN I CAN I SPEAK TO THAT? YEAH, PLEASE. SO I HAVE A LITTLE BIT OF A HEARING IMPEDIMENT.

AND WHEN I GO INTO A RESTAURANT, I CAN'T SIT IN A DINING ROOM THAT HAS LIVE ENTERTAINMENT.

HOWEVER, I CAN SIT OUTSIDE OF THAT DINING ROOM IF THE SOUND IS NOT COMING OUTSIDE.

IF WE WERE TO SAY THAT BEACH IS GOING TO OPEN ITS DOORS WHEN IT HAS LIVE ENTERTAINMENT INDOORS, I ESSENTIALLY COULDN'T EVEN SIT OUT ON THEIR PATIO.

SO I THINK THAT THEY'RE THEY'RE TRYING TO BUILD IN A LITTLE BIT OF FLEXIBILITY FOR THEIR PATRONS TO BE ABLE TO, TO MAKE A CHOICE AS TO WHETHER THEY WANT TO BE IN THE.

WHERE IT'S A LITTLE BIT LOUDER, OR WHETHER THEY WANT TO BE OUTSIDE WHERE IT'S QUIETER OR VICE VERSA.

YEAH. OKAY. MAY I, VICE MAYOR, BECAUSE I WAS ON COUNCIL WHEN WE MADE THAT RULE, AND IT WAS BECAUSE IF IT WAS INDOOR AND YOU DIDN'T WANT TO DISTURB THE OUTDOORS, THEN THAT WAS A DIFFERENT STORY.

OUTDOOR CAME AT AROUND 2011. BECAUSE OF THE DOWNTURN THAT EVERYBODY HAD TO HAVE ENTERTAINMENT TO SURVIVE.

SO IT IS THE CODE THAT IF YOU HAVE INDOOR ENTERTAINMENT, THE DOORS AND WINDOWS HAVE TO BE CLOSED.

AND I FIND THAT INTERESTING IN JUST MY COMMENTS.

BUT THAT CHOICE BETWEEN INDOOR AND OUTDOOR. THE SAME CONSIDERATION FOR A NEIGHBOR. THEY DON'T HAVE THAT SAME CONSIDERATION.

ONCE YOU MOVE TO OUTDOOR AMPLIFIED, THOSE SAME CONSIDERATIONS YOU JUST DESCRIBED FOR YOUR GUEST ON THE INDOORS OR OUTDOORS IS NOT ASCRIBED TO THE RESIDENTS WHO ARE BEING SUBJECTED TO EXTENDED HOURS ON AMPLIFIED ENTERTAINMENT. SO I'VE GOT A CONCERN ABOUT THAT.

THE. THE EXPANDED HOURS OF OPERATION ARE A CONCERN.

AND AS IT APPLIES TO THE AMPLIFIED ENTERTAINMENT OUTDOORS, SIMILAR TO COUNCILMAN INDOOR AMPLIFIED ENTERTAINMENT, I'M SUPPORTIVE OF. OKAY. WHEN I WOULD ASK STAFF THAT THE DESCRIPTION OF THE PERMANENTLY AFFIXED SPEAKERS.

TELL US AGAIN THE CONDITION OF THOSE PERMANENTLY AFFIXED SPEAKERS, HOW THEY'RE ORIENTED.

[04:30:06]

VOLUME CONTROLS MUST BE INSTALLED ON ANY OUTDOOR AMPLIFICATION.

THAT'S FINE. THAT CAN STOP THERE. OKAY, SO WHAT SHE SAID IS ORIENTED TOWARD THE SUBJECT PROPERTY AND BASICALLY AWAY FROM NEIGHBORING PROPERTIES. AND YOU'RE YOU'RE BASICALLY TAKING THE POSITION THAT PARALLEL IS EQUIVALENT TO A WAVE FROM NEIGHBORING PROPERTIES WHERE THE THE AMPLIFICATION WOULD BE RUNNING SOUTH. IS THAT PARALLEL? THE PATIO IS PARALLEL TO THE BUILDING PERPENDICULAR TO THE.

THAT'S NOT A WAY. MY MY POSITION ON THIS PARALLEL IS NOT AWAY FROM NEIGHBORING PROPERTIES, AND I USE THE WAY I USE THE WORD NEIGHBORING, BUT THE PROPER TERMINOLOGY TO CITY STAFF AGAIN ON THE ORIENTATION OF THE SPEAKERS.

JUST READ THAT AGAIN. WELL, NUMBER FIVE DOES ALSO SAY THAT THE OWNER SHALL PROVIDE A LIST OF EXISTING OR NEWLY INSTALLED EQUIPMENT AND SPECIFICATION SHEETS, INCLUDING A SITE PLAN FOR STAFF TO REVIEW PRIOR TO INSTALLATION AND OPERATION OF THIS AREA.

WHERE IS THE ORIENTATION OF THE SPEAKER? THE ORIENTATION.

BEAR WITH ME HERE. HOW ARE THEY POSITIONED? IT'S A SENTENCE RIGHT ABOVE IT.

OH THANK YOU. DIRECTIONAL SPEAKER SHALL BE ORIENTED TOWARDS THE SUBJECT PROPERTY AND AWAY FROM AWAY PROPERTIES.

AWAY FROM OTHER PROPERTIES. SO FOR ME, A WAY IS DIFFERENT THAN PARALLEL.

I DON'T THINK IT COMPLIES WITH THE SPIRIT AND THE LETTER OF WHAT IS BEING DICTATED BY THE CODE.

SO FOR THE NEIGHBORS, YOU HEAR MORE SOUND WITH SPEAKERS THAT ARE NOT ORIENTED AWAY. PARALLEL IS NOT AWAY. AND SO I HAVE A PROBLEM WITH THAT.

AND AGAIN, THERE WAS A QUESTION AND I DIDN'T HEAR THE ANSWER CLEARLY.

CLEARLY? WHY NO MUSIC FOR THE PAST TWO YEARS? AGAIN. WE HAVE A. SPECIAL. WE DIDN'T HAVE IT ON A PERMANENT BASIS UNTIL THE SEASON DIFFERENCE. IF WE DIDN'T OPERATE ONE OF THE TERRORISTS, WE HAVE THE RIGHT ONLY ONE OF THE TERRACES.

SO UP TO THE. FOR TWO YEARS, I THINK I HEARD FOR TWO YEARS WE HAVE NOT HAD AMPLIFIED OUTDOOR ENTERTAINMENT.

IS THAT TRUE? IS THAT WHAT I HEARD OR. NO, BUT NOT ON A PERMANENT SCALE.

AND WHY JUST JUST WASN'T PART OF THE BUSINESS MODEL, CORRECT? OKAY, WELL, NOT ENOUGH BUSINESS TO HAVE IT. YEAH.

I APPRECIATE I APPRECIATE THE HONESTY AND THE THE CLARIFICATION OF THE BUSINESS CASE.

RIGHT. THE EXPANSION OF THE HOURS. BUT I'M HEARING FROM THE RESIDENTS A DIFFERENT TAKE.

I BELIEVE THEY'RE LOOKING AT THE DETAILS, THE GRANULAR DETAILS OF THIS APPLICATION, THE EXPANDED HOURS, THE NOW THEY'RE MORE IN TUNE WITH THE ORIENTATION OF THE SPEAKERS, THE AMPLIFICATION, AND I APPRECIATE IT.

STAFF APPRECIATE ALL THE WORK YOU'VE DONE ON IT.

BUT AT THIS TIME I'M GOING TO I'M GOING TO GO IN FAVOR OF THE CONTIGUOUS RESIDENTS, THE NEIGHBORS, AND I'M GOING TO I CAN'T SUPPORT THIS PARTICULAR PETITION AS IT'S CURRENTLY FORMED. BUT, MR. ATTORNEY, I'M ASKING THIS. IF APPROVED, THIS WILL REPLACE THE CURRENT LIVE ENTERTAINMENT ENTITLEMENTS, RIGHT? IF WE APPROVE THIS, IT REPLACES WHAT WAS IN PLACE BEFOREHAND.

BUT IF IT'S DENIED, WILL THE CURRENT LIVE ENTERTAINMENT ENTITLEMENTS EXPIRE WITH A DENIAL.

THAT'S A GOOD QUESTION. SO HERE'S WHY IT'S IMPORTANT.

IT'S IMPORTANT FOR THE PETITIONER TO UNDERSTAND WHEN YOU'RE ROLLING THE DICE.

AND WHO KNOWS HOW THE YOU'RE GOING TO TRY TO READ HOW CITY COUNCIL IS GOING TO VOTE ON THIS.

[04:35:02]

IF I COULD JUST TAKE A MINUTE. WE COULD GO THROUGH OTHER COMMENTS. YEAH. THANK YOU. THANK YOU, MADAM MAYOR. AND THE OTHER QUESTION WOULD BE IF AND I.

I'M TRYING TO COUNT HERE, BUT I'M NOT CLEAR YET.

IF WE WERE OPPOSED TO OUTDOOR BUT INDOOR, WE COULD MAKE THAT CHANGE TO THIS RESOLUTION TODAY? YEAH. BUT THEN THE QUESTION STILL IS. I MEAN, THEY'RE CURRENTLY APPROVED TO GO LONGER INDOORS THAN THEY'RE ASKING FOR, AND THEY'RE CURRENTLY APPROVED TO GO OUTDOORS. RIGHT. SO THEY'RE 5 TO 11 INDOORS RIGHT NOW IS WHAT ERICA READ.

THEY'RE PROPOSING 3 TO 9. I HAVE TO LOOK AT THE CODE.

I JUST, I THINK I THINK IT'S A HARD POSITION TO SAY WE'RE DENYING YOUR MODIFICATION, AND WE'RE ALSO REVOKING YOUR APPROVAL. YOU KNOW THAT. THAT'S THAT'S. BUT IS THERE.

YEAH. I THINK IT'S A VERY GOOD QUESTION THAT WE HAVE TO THINK ABOUT, BECAUSE.

HOW LONG DOES THAT I KNOW THAT HAS NOT CHANGED HANDS.

BUT IF IT HASN'T AND I KNOW IT'S BEEN LONGER THAN TWO YEARS.

BUT WE HAVE TO CHECK ABOUT THAT. I IN FACT, I DON'T.

NOT SURE. ALL RIGHT. SO COUNCILWOMAN PETRINO I'M OKAY WITH THE INDOOR PIECE OF IT. BUT THIS IS, YOU KNOW, BEACHES IS UNIQUELY LOCATED ACROSS THE STREET FROM PEOPLE'S HOMES. AND I DON'T THINK ANYBODY ON THIS DAIS WOULD WANT LIVE ENTERTAINMENT ACROSS THE STREET FROM THEM.

THIS IS A YOU KNOW, I AGREE WITH THE REA THAT THAT THIS IS A MULTI-USE FIFTH AVENUE.

IT'S NOT JUST AN ENTERTAINMENT DISTRICT. AND OVER THE TIME THAT THAT WAS FIRST PASSED, THINGS HAVE CHANGED.

IT'S GOTTEN A LOT NOISIER. WE'VE GOTTEN WE'VE GOT, YOU KNOW, THE MODIFIED MUFFLER ISSUE, ALONG WITH A LOT OF OTHER THINGS.

I'D LIKE TO QUIET IT DOWN A LITTLE BIT. WE, YOU KNOW, WE OTHERWISE WE WILL HAVE WE MIGHT HAVE CONCERTS COMPETING ALL UP AND DOWN THE ROAD.

SO I AM ABSOLUTELY AGAINST HAVING AN OUTDOORS.

GIVEN ITS UNIQUE LOCATION ACROSS THE STREET FROM PEOPLE.

AND IF POSSIBLE, I WOULD LIKE TO, YOU KNOW, REVOKE WHATEVER PERMISSIONS THEY HAD UMPTEEN YEARS AGO FOR OUTDOOR LIVE ENTERTAINMENT. THANK YOU. IS THERE ANY. YES. COUNCIL MEMBER.

PENMAN. SO COUNCIL AND AND CITY ATTORNEY. THERE'S NO THERE'S NO REQUIREMENT THAT THE CONTIGUOUS OR ADJACENT NEIGHBORS ARE NOTIFIED. ANY THAT THERE'S THERE'S A PETITION PENDING OR ANYTHING.

RIGHT? THERE'S NO WAY FOR THE NEIGHBORS TO KNOW WE NOTIFIED THEM OF THIS REQUEST.

WE DID. THIS REQUEST WAS FOR AN EXPANSION OF THE LIVE ENTERTAINMENT.

SO YOU DID. YOU DID NOTIFY. WE DID SEND A NOTICE TO EVERYONE WITHIN 1000FT OF THIS PROPERTY NOTIFYING THEM OF THE REQUEST TODAY. OKAY. TO EXPAND THE LIBRARY. OKAY. ALL RIGHT.

AND AND THERE WAS NOTHING FORTHCOMING. WE GOT A LOT, ACTUALLY.

WE GOT A LOT. OKAY. COULD DO A LOT OF BAND ON THAT.

WE HAD SOME PHONE CALLS, MOSTLY EMAILS, SOME PEOPLE SAYING THAT THEY WERE SUPPORTING IT, THAT THEY LIKED THE RESTAURANT, THEY LIKED THE OUTDOOR DINING AND THE LIVE ENTERTAINMENT THEY WERE LOOKING FORWARD TO HAVING MORE OFTEN.

MOST OF THE CORRESPONDENCE WE DID RECEIVE WAS SEEING PEOPLE OPPOSING THE REQUEST, AND THEN WE RECEIVED CORRESPONDENCE AFTER THE AGENDA WAS POSTED.

AND THAT'S THE PACKET THAT YOU WERE HANDED THIS MORNING. OF THE CORRESPONDENCE THAT WAS RECEIVED.

BUT I BELIEVE ALL OF THOSE WERE AGAINST THE REQUEST.

OKAY. I'M SORRY, I DIDN'T SEE IT. WAS THAT WAS THAT ARTICULATED IN OUR IN OUR PACKET HERE? THE THE CORRESPONDENCE WAS INCLUDED IN THE AGENDA.

AND THEN THIS MORNING BEFORE THE MEETING STARTED, WHEN I CAME AROUND AND HAD TO DO THE PACKET SAYING, THIS IS THE CORRESPONDENCE FOR LEE SIX THAT CAME AFTER THE AGENDA POSTED. THAT WAS THE UPDATED CORRESPONDENCE THAT WAS RECEIVED BUT NOT INCLUDED.

NOT INCLUDED. OKAY. JUST BECAUSE IT CAME IN AFTER THE POSTING.

OKAY. THANK YOU. YOU'RE WELCOME. SO. OKAY. SO IF I CAN ANSWER.

DO YOU MIND IF I GO BACK TO THE REVOCATION QUESTION? YEAH.

THANK YOU, MR. MCCONNELL. THANK YOU. IT'S AN IMPORTANT QUESTION. SO MY OPINION IS THAT YOU CANNOT REVOKE THIS RIGHT NOW.

BECAUSE THE REVOCATION OF LIVE ENTERTAINMENT PERMITS IS SPELLED OUT IN SUBPARAGRAPH G OF 56 125.

[04:40:05]

WHICH I DON'T THINK WE'VE BEEN TOLD THAT TODAY, IT CAN BE BROUGHT TO CITY COUNCIL FOR RECONSIDERATION AND POSSIBLE REVOCATION AFTER TWO VERIFIED LIVE ENTERTAINMENT VIOLATIONS IN ANY 12 MONTH PERIOD.

AND YOU'VE HEARD FROM STAFF THAT THAT HAS NOT OCCURRED.

THERE'S BEEN NO CODE ENFORCEMENT COMPLAINTS AT ALL.

AND THEN THERE ARE SPECIFIC REASONS WHY YOU WOULD BE ALLOWED TO REVOKE IT, AND IT'D HAVE TO BE AT A SEPARATE PUBLIC HEARING.

SO FOR DISCUSSION TODAY, MY OPINION IS THAT YOU CANNOT REVOKE THIS.

AND IF THAT IS THE POLICY MOVING FORWARD, I THINK WE NEED TO INFORM APPLICANTS AT THE TIME OF APPLYING THAT.

JUST SO YOU KNOW, THIS COULD BE REVOKED AT THE SAME HEARING.

AND WE SHOULD PROBABLY, YOU KNOW, ADD SOMETHING TO OUR CODE JUST SO PEOPLE ARE AWARE OF THE OF THE RISK.

YEAH, I THINK THAT'S FAIR BECAUSE IT WAS A TREND.

EVERYBODY WANTED OUTDOOR. NOT EVERYBODY TOOK ADVANTAGE OF IT.

AND IT'S SOMETHING THAT NEEDS TO BE CLEANED UP.

I HAVE COUNCIL MEMBER KRISEMAN AND THEN VICE MAYOR.

YEAH. JUST TO TO BE CLEAR, CRYSTAL CLEAR ON MY POSITION.

I AM NOT I WOULD NOT BE SEEKING REVOCATION WHETHER WE COULD DO IT OR NOT.

AGAIN, AS A MATTER OF PRINCIPLE OR OUR PHILOSOPHY.

I DON'T THINK WE SHOULD BE TAKING ENTITLEMENTS IN AN ARBITRARY WAY.

WHATEVER THE KINDS OF ENTITLEMENTS ARE, EVEN IF WE THINK WE CAN.

FROM FROM PEOPLE WHO HAVE BEEN GRANTED THEM. I MEAN, IF THERE'S CAUSE, YOU KNOW, VIOLATION OF THE PERMITS THEY GOT OR WHATEVER, THAT'S A DIFFERENT STORY. BUT YOU KNOW, NOTWITHSTANDING THAT, I THINK LIVE ENTERTAINMENT ON FIFTH AVENUE IS SOMETHING THAT I WOULD RATHER NOT SEE. BJ WAS GRANTED THIS APPROVAL.

THEY HAVE IT. AND SO MY POSITION IS SIMPLY THAT I DON'T I DON'T SUPPORT EXPANDING THAT PERMISSION, BUT I WOULD NOT SEEK REVOCATION. ARE THESE WHEN WHEN THEY APPROVE THESE FOR OUTDOOR ENTERTAINMENT? ARE THEY APPROVED? ARE THEY APPROVED INTO INFINITY? UNLESS THEY'RE WITHDRAWN FOR SOME REASON. UNLESS.

UNLESS THEY'RE REVOKED. I MEAN, THAT'S THAT'S PRETTY MUCH.

GOT TO BE REVOKED. CAUSE OTHERWISE IT IS INTO INFINITY.

CORRECT? OR KIND OR CONDITIONS ARE VIOLATED. AND I'LL DEFAULT TO STAFF IF CHANGE OF OWNERSHIP REQUIRES NEW LIVE ENTERTAINMENT.

I KNOW IT DOES FOR OUTDOOR DINING, BUT THERE ARE CERTAIN TRIGGERS THAT WOULD REQUIRE CITY COUNCIL REVIEW AGAIN.

BUT EVERYTHING THAT YOU APPROVE FOREVER, IT TECHNICALLY RUNS WITH THE LAND UNLESS ONE OF THESE THINGS ARE TRIGGERED, WHICH IS WHY THE CONDITIONS MATTER, RIGHT? BECAUSE IF CONDITIONS ARE VIOLATED, THEN THEY CAN COME BACK TO YOU, ETC..

NO. DID YOU SAY WITH THE LAND OR WITH THE OWNER OF THE.

WELL, YEAH. JUST CHECK HERE IN NAPLES, IT'S WITH THE OWNER.

BECAUSE IF THE OWNER CHANGES AND THAT'S ONE OF THE CONDITIONS, BUT THERE'S OTHERS AS WELL THAT WILL TRIGGER A REREVIEW.

THANK YOU. THAT WAS PATRON. AND NOW I HAVE VICE MAYOR.

YEAH. THANK YOU, MISTER MCCONNELL. MY ASK IS THAT FIRST I UNDERSTAND CANNOT REVOKE.

RIGHT. SO THAT'S PRETTY CLEAR ON FORMER ENTITLEMENTS UNLESS.

THEY GET SIDEWAYS WITH THE CONDITIONS. RIGHT? CODE ENFORCEMENT, WHATEVER. MIKE, IF WE'RE NOT CLEAR ON THIS, THOUGH ON NEW APPROVALS, THE IMPACT THEY HAVE. DO THEY SUPERSEDE. DO THEY ONCE APPROVE? DO THEY REVOKE? WHAT IS THE TERMINOLOGY AS TO HOW NEW APPROVALS INTERACT WITH PRIOR APPROVALS? OKAY. SO DON'T NEED I'M JUST SAYING THAT THAT NEEDS TO BE CLEAR.

IF, IF WE TAKE A POSITION THAT PRIOR APPROVALS JUST KEEP RUNNING.

THEN WHAT DO NEW APPROVALS DO? SO JUST A THOUGHT.

THANK YOU. OKAY. NO FURTHER DISCUSSION. NO FURTHER QUESTIONS OF STAFF. NO PUBLIC COMMENT. THANK YOU. BEFORE WE MAKE OUR DECISION, MR.. WOULD YOU LIKE TO MAKE YOUR CLOSING REMARKS? CAN I HAVE A MOMENT WITH MY CLIENT? VERY BRIEFLY.

THANK YOU.

SO. SO, MAYOR, WHILE WE WAIT FOR THAT, DOES COUNCIL THINK IT WOULD BE HELPFUL IF I DO ANSWER VICE MAYOR'S QUESTION?

[04:45:08]

YES, BECAUSE. BECAUSE SOME OF THE PRIOR ONES IF YOU'LL SEE IN LIKE A COUPLE OF THE ONES THAT WE HANDLED EARLIER WERE AMENDMENTS TO PRIOR APPROVALS.

SO IN MY OPINION THOSE TRUMP. RIGHT. SO THAT IS THE NOW CONTROLLING DOCUMENT FOR THE EXPANSION OF OUTDOOR DINING, ETC. FOR THIS ONE WITH A PRIOR APPROVAL. I DO THINK COUNCIL COULD MODIFY THE INDOOR AND NOT THE OUTDOOR OR MODIFY THE OUTDOOR AND NOT THE INDOOR. I THINK BECAUSE THE REQUEST WAS FOR BOTH AND THEY HAVE BOTH.

I DO THINK COUNCIL HAS THE ABILITY TO SAY YES TO BOTH, SAY NO TO BOTH, OR MODIFY ONE OR THE OTHER.

SO I JUST WANT TO THANK YOU. YOU'RE WELCOME. TO FOLLOW UP WITH THE THE CITY ATTORNEY, DO WE NEED TO MAKE THE DECISION ON YOUR BEHALF AS TO WHETHER OR NOT WE ARE STILL SEEKING THE EXPANSION OF THE EXTERIOR LIVE ENTERTAINMENT AND ALSO THE INTERIOR LIVE ENTERTAINMENT, OR CAN WE JUST SIMPLY KEEP THE LIVE ENTERTAINMENT EXTERIOR AS IT IS IN THE BOOKS CURRENTLY AND EXPAND THE INTERIOR LIVE ENTERTAINMENT? WELL, I HAVE A QUESTION ABOUT THAT. IS WHAT WAS SUBMITTED TODAY? THE SAME THAT WAS SUBMITTED TO 2010? NO THANK YOU. SO TO ANSWER YOUR QUESTION, I DON'T WANT TO ANSWER IT.

I'LL LET YOU ANSWER IT. OKAY. I DO THINK THAT ALTHOUGH THE REQUEST WAS FROM GOING FROM 5 TO 11 TO 3 TO 9 INDOORS AND TO EXPANDING FROM 4 TO 6 MONDAY, TUESDAY, THURSDAY TO THOSE DAYS THAT THEY'RE PRESENTING, I DO THINK THAT YOU CAN TAKE THE REQUEST, MODIFY THE INDOOR, AND REMAIN OR KEEP OUTDOOR AS IS NOW.

MIND YOU, THE RESOLUTION WILL LOOK A LOT DIFFERENT ONCE IT'S SIGNED.

BUT I MEAN, I THINK THAT'S THE WHOLE PURPOSE OF THIS HEARING, IS YOU GUYS HAVE THE ABILITY TO DO THAT. ARE YOU READY FOR A MOTION, MAYOR? YES. OKAY I WOULD.

MOVE THAT. WE APPROVE THE REQUEST FOR THE EXPANSION OF INDOOR LIVE ENTERTAINMENT. AS PROPOSED BY THE PETITIONER IN THE RESOLUTION.

I THINK THAT'S ALL. I WOULD SECOND THAT. YEAH.

BUT IT'S AN EXPANSION ON THE OUTDOOR ENTERTAINMENT.

NO, NO, WE'RE JUST NOT. WE'RE JUST NOT ACTING ON THAT AND REMAIN BY DEFAULT.

BY DEFAULT, IT REMAINS AS IT IS. SO IT JUST TO CLARIFY FOR THE RESOLUTION WHAT THAT WOULD BE.

SO INDOOR. INSTEAD OF DAILY FROM 5 TO 11 WILL BE MONDAY THROUGH SATURDAY FROM 3 TO 9.

AND SUNDAY FROM 11 TO 2 FOR THE INDOOR FOR THE INDOOR AMPLIFIED OR LIVE AND OUTDOOR WILL REMAIN MONDAY, TUESDAY, THURSDAY 4 TO 6 TWO, AMPLIFIED WITH THE MAXIMUM OF TWO AMPLIFIED OR LIVE ENTERTAINERS.

WITH THE MOTION MAKER, CONSIDER A SLIGHT REVISION TO THAT.

I DON'T THINK I GOT A SECOND TODAY, HE SECONDED.

OH, YOU DID OKAY. GOOD. YEAH. GO AHEAD. THE ORIENTATION OF THE SPEAKERS PERMANENTLY AFFIXED SPEAKERS.

IS A CONCERN AMPLIFIED, AND IF THEY WOULD BE ORIENTED AWAY FROM THE NEIGHBORING PROPERTIES OR WHATEVER, WE'RE HOWEVER WE'RE DESCRIBING THAT TRULY A WAY, NOT JUST PARALLEL.

I WOULD SUPPORT THAT MOTION. OH, AND WHAT WOULD THAT WOULD THAT WOULD MEAN? WHAT DOES THAT MEAN IN TERMS OF SPEAKERS TOWARD THE PROPERTY? I JUST WANT TO SAY IT DOESN'T NECESSARILY MAKE THE NOISE LESS DEPENDENT ON WHAT THAT'S BOUNCING OFF OF.

I CAN I USE PLAN A BAND. SO YEAH, DON'T GO DOWN THAT ROAD.

[04:50:03]

SO IF THEY DON'T, THEN WE'LL BE BACK HERE FOR A REVOCATION ANYWAYS.

THE LANGUAGE IS SUCH. CORRECT. YEAH. THEY NEED TO BE.

OR THE SPEAKERS NEED TO BE ORIENTED TOWARDS THE PROPERTY.

ABSOLUTELY. I WOULD THEN THE THE SECOND REMAINS WITH NO ADDITIONAL CONDITION.

SO IS THAT ARE YOU MR.. YOU'RE CLEAR ON WHAT? YES. WHAT'S BEEN SAID? THANK YOU. AND THE AND THE CONDITIONS ARE THE FIVE CONDITIONS ARE ACCEPTABLE.

THEY ARE ACCEPTABLE. OKAY. SO, OKAY, SO I HAVE A MOTION BY COUNCILMEMBER CHRISTMANN AND A SECOND BY VICE MAYOR.

MADAM CLERK, PLEASE CALL THE COUNCIL. COUNCIL MEMBER.

PETRINA. YES. VICE MAYOR HUTCHISON. YES. COUNCIL MEMBER.

CHRISTMAN. YES. COUNCIL MEMBER. BARTON. YES. COUNCIL COUNCILMEMBER KRAMER.

YES. COUNCILMEMBER PENNIMAN. YES. MAYOR HEITMAN.

NO. OKAY. THANK YOU. IT PASSES 6 TO 1. THANK YOU ALL.

THANK YOU. THANK YOU. OKAY. COUNCIL, THAT TAKES US TO ITEM 11 H.

[11.H. A Resolution Determining Outdoor Dining Petition 25-OD11 Changing a Previously Approved Outdoor Dining Petition (Resolution 2024-15499) Pursuant to Section 56-126 of the Code of Ordinances To Include Twenty-Two (22) Tables And FortyEight (48) Chairs for the Restaurant Known As Blackbird Modern Asian on Private Property Owned by Naples Bay Properties, LLC and Located Within the Naples Bay Resort At 1500 5th Avenue South, Suite A2-112 More Fully Described Herein; Providing for Scrivener’s Error; and Providing an Effective Date. (Erica Martin, Director of Planning)]

CHANGING A PREVIOUSLY APPROVED OUTDOOR DINING PETITION. RESOLUTION 2024 15499.

PURSUANT TO SECTION 50 6-1 26 OF THE CODE OF ORDINANCES TO INCLUDE 22 TABLES AND 48 CHAIRS FOR THE RESTAURANT KNOWN AS BLACKBIRD MODERN ASIAN ON PRIVATE PROPERTY OWNED BY NAPLES BAY PROPERTIES, LLC AND LOCATED WITHIN THE NAPLES BAY RESORT AT 1500 FIFTH AVENUE SOUTH.

SUITE A2-112 MORE FULLY DESCRIBED HEREIN, PROVIDING FOR SCRIBNER'S HEIRS AND PROVIDING AN EFFECTIVE DATE.

THANK YOU, MADAM, FOR CONTINUING TO OFFER TESTIMONY.

WHO WERE NOT PREVIOUSLY SWORN IN. PLEASE RAISE YOUR RIGHT HAND.

I'M GOOD. I WAS SWORN IN EARLIER. YES. SEPARATE PETITION.

I'M SWEARING AGAIN. YEAH. DISCLOSURES. COUNCIL MEMBER.

FAMILIAR? NO CONTACT. PARDON? FAMILIAR WITH THE SITE? NO CONTACT. FAMILIAR WITH THE SITE. OTHER ONLY CONTACT IS CONVERSATIONS WITH STAFF.

KRAMER FAMILIAR WITH THE SITE AND HAD CONVERSATIONS WITH STAFF AND FAMILIAR WITH THE SITE.

NO CONTACT. I KNOW, VICE MAYOR. YEAH. FAMILIAR WITH THE SITE.

HAVE BEEN A CUSTOMER OF THE SITE. AMAZING FOOD.

DISCUSSIONS WITH STAFF AND NO CONTACT. THANK YOU.

I AM FAMILIAR WITH THE SITE, AND HAD DISCUSSIONS WITH STAFF AND NO FURTHER CONTACT.

GOOD AFTERNOON. GOOD AFTERNOON. FOR THE RECORD.

MARK MCLEAN MHK ARCHITECTURE, 259 TAMIAMI TRAIL EAST.

I BRING BEFORE YOU TODAY. BLACKBIRD, MODERN ASIAN WHEN WE ORIGINALLY BROUGHT BROUGHT BLACKBIRD IN FRONT OF YOU.

A YEAR AGO WE WERE OPENING THE RESTAURANT, REPLACING THE OLD BONEFISH GRILL, AND BASICALLY JUST ASSIMILATING THE EXISTING OUTDOOR DINING NUMBER OF TABLES AND CHAIRS. A SMART RESTAURANT HERE DOES THAT.

THEY'VE BEEN EXTRAORDINARILY SUCCESSFUL WITHIN THE OUTDOOR DINING SPACE THAT'S THERE.

WE'VE REARRANGED IT A LITTLE BIT, AND WE'VE CREATED ENOUGH SPACE FOR THEM TO ADD FOUR MORE TABLES AND TEN CHAIRS.

SO I'D LIKE TO TAKE A MINUTE AND SHOW YOU MY PRESENTATION.

AND WE ALL KNOW WHERE THE NAPLES BAY RESORT IS.

AND THE BLACKBIRD MODERN ASIAN RESTAURANT IS AT THE END OF THE RESORT, ON THE GROUND FLOOR NEXT TO THE MARINA.

WHEN WE ZOOM IN AND LOOK AT THE SPACE IN NOVEMBER OF 2024, WE CAME IN FOR 18 TABLES AND 38 CHAIRS IN THE 1452FT² THAT IS THIS WHITED OUTDOOR DINING AREA.

WITH THIS APPLICATION, WE WOULD LIKE TO INCREASE FOUR TABLES.

WE'RE PUTTING ONE HERE, ONE IN HERE, ONE HERE AND AN ADDITIONAL ONE HERE.

AND THAT WILL BRING US FOUR MORE TABLES AND TEN MORE CHAIRS WITH THIS.

WE'VE GOT A LITTLE BIT OF AN AIR CIRCULATION PROBLEM OUT HERE, BECAUSE THEY'VE BEEN SO SUCCESSFUL THROUGH THE SUMMER THAT THE OUTDOOR DINING IS FULL.

SO WE WANT TO ADD A COUPLE OF FANS IN THERE. SO WE'RE GOING TO ASK FOR FOUR MORE FANS.

THEY'LL BE UP HIGH ON THE WALL IN THESE CORNERS SO THEY DON'T INTERFERE.

NO ONE CAN TOUCH THEM. THEY'RE HIGH ENOUGH. YOU CAN'T EVEN TOUCH. I CAN'T EVEN TOUCH THEM. SO FROM THAT PERSPECTIVE, WE HAVE WORKED WITH FIRE TO CONFIRM THAT ALL OF OUR TABLE SPACING IS STILL ACCURATE PER CODE, AND OUR EGRESS PATHS AND TRAVEL DISTANCES ALL STILL WORK.

SO THIS LIFE SAFETY PLAN HAS BEEN APPROVED BY FIRE.

ALL OF THE ACCOMMODATIONS ARE EXACTLY THE SAME.

THESE ARE THE SAME IMAGES THAT WE SHOWED YOU ON THE ORIGINAL APPROVAL.

[04:55:02]

WITH THAT, I RESPECTFULLY REQUEST YOUR APPROVAL FOR THE ADDITIONAL TABLES AND CHAIRS.

THANK YOU FOR YOUR PRESENTATION, COUNSEL. DO YOU HAVE QUESTIONS FOR THE PETITIONER'S AGENT? I JUST HAVE THE QUESTION OF THE THE TABLE FOR THAT, YOU'RE ADDING. YES, MA'AM. ISN'T THAT IN THAT WALKWAY? I DON'T I GUESS I KNOW THE STAFF REPORT NAME, I NUMBERED THEM.

GIVE ME ONE MOMENT SO I CAN SEE HOW THE STAFF REPORT NUMBERED THEM.

OH, NO IT'S NOT. IT'S TURNED LONG WAYS ALONG THE PLANTER THERE.

THERE'S ALL WE HAD ONE, TWO TOP THERE, AND WE HAVE ENOUGH SPACE WITH DISTANCE TO SHIFT IT DOWN AND ADD ANOTHER TWO TOP THERE.

OKAY. AND THEN THE SAME AS TWO. YES MA'AM. DOES DOESN'T GO BACK? NO, MA'AM. THERE WAS ALREADY. LIKE I SAID, THERE WAS ONE TABLE.

THERE'S A PLANTER THERE THAT'S EIGHT FEET LONG.

AND WE HAD ONE TABLE SITTING THERE. WE JUST HAVE THE ABILITY TO SLIDE IT DOWN AND ADD ANOTHER TABLE THERE.

YES, MA'AM. GOOD AFTERNOON, MADAM MAYOR. COUNCIL JEFF BRAMMER, AGAIN WITH THE PLANNING DEPARTMENT PETITIONERS REQUESTING APPROVAL FOR OUTDOOR DINING AT BLACKBIRD. MODERN ASIAN RESTAURANT IS IN THE NAPLES BAY RESORT AND MARINA, LOCATED OFF US 41.

JUST OVER THE BRIDGE FROM DOWNTOWN. RESTAURANT IS OPEN SEVEN DAYS A WEEK FROM 3 P.M.

TO 10 P.M.. LAST YEAR, AS YOU HEARD, THE RESTAURANT CAME BEFORE YOU WITH A SIMILAR PROPOSAL FOR OUTDOOR DINING.

THAT REQUEST WAS FOR 18 TABLES AND 38 CHAIRS THAT WAS APPROVED IN NOVEMBER.

TODAY, THE PETITIONER RETURNS WITH A REQUEST TO INCREASE THEIR CAPACITY FOR OUTDOOR DINING.

THE NEW REQUEST IS FOR 22 TABLES AND 48 CHAIRS.

THIS IS AN INCREASE OF FOUR TABLES AND TEN CHAIRS.

THE FOOTPRINT FOR THE OUTDOOR DINING REMAINS THE SAME.

THE AREA IS THE 1452FT². PETITION HAS BEEN REVIEWED BY ALL CITY DEPARTMENTS, INCLUDING POLICE, FIRE AND CODE ENFORCEMENT. NO REPORTED ISSUES.

THE FIRE DEPARTMENT HAS REVIEWED AND APPROVED THE NEW LIFE SAFETY PLAN.

LAST MONTH, LETTERS WERE MAILED TO ALL PROPERTY OWNERS WITHIN 1000FT OF THE SUBJECT PROPERTY.

TO DATE, STAFF HAS RECEIVED NO PUBLIC CORRESPONDENCE REGARDING THIS REQUEST.

PURSUANT TO THE LAND DEVELOPMENT CODE, CITY COUNCIL REVIEW AND APPROVAL IS REQUIRED FOR OUTDOOR DINING PETITIONS, INCLUDING AMENDMENTS LIKE THIS. SHOULD COUNCIL CHOOSE TO APPROVE THE PETITION.

STAFF RECOMMENDS THE FOLLOWING CONDITION. THAT THE OUTDOOR DINING AREA IS LIMITED TO 4452FT², WITH A MAXIMUM OF 22 TABLES AND 48 CHAIRS, AS CONFIGURED IN THE APPROVED LIFE SAFETY PLAN.

ANY FUTURE EXPANSION, MODIFICATION OR ENHANCEMENT OF THIS OUTDOOR DINING USE SHALL REQUIRE CITY COUNCIL REVIEW AND APPROVAL.

CONCLUDES MY COMMENTS OR SOME AVAILABLE FOR QUESTIONS.

THANK YOU. THANK YOU. JUST THE PARKING. WHY IS THE PARKING? NOT AFFECTED? BECAUSE THERE'S NO INCREASE IN SQUARE FOOTAGE FOR THE AREA.

IT'S THE SAME THING. THEY'RE JUST PUTTING A COUPLE OF ADDITIONAL TABLES IN THE SAME FOOTPRINT.

PARKING IS MEASURED BY SQUARE FOOTAGE FOR OUTDOOR DINING AREA.

THANK YOU. I'M SORRY. OKAY. ANY OTHER QUESTIONS FOR STAFF? NO I HAVE. DO I HAVE ANY PUBLIC COMMENT SLIPS? NO. THANK YOU. OKAY. WE APPRECIATE YOUR SUPPORT.

THANK YOU, MADAM MAYOR. I MOVE APPROVAL OF THIS WITH THE OF THIS ITEM WITH THE CONDITIONS DESCRIBED BY CITY PLANNER MR. BRAMMER. SECOND, I HAVE A MOTION BY BY VICE MAYOR AND A SECOND BY COUNCIL MEMBER PETRINA.

MADAM CLERK, PLEASE CALL THE COUNCIL. COUNCIL MEMBER.

BARTON. YES. COUNCIL MEMBER. PENNIMAN. YES. COUNCIL MEMBER.

CHRISTMAN. YES. COUNCIL MEMBER. KATRINA. YES.

COUNCIL MEMBER. KRAMER. YES. COUNCIL MEMBER. HUTCHISON.

YES. YES. THANK YOU. THANK YOU VERY MUCH. MAYOR.

SLEEP. THANK YOU. COUNCIL. THAT TAKES US TO 11.

[11.I. A Resolution Determining Outdoor Dining Petition 25-OD13 Establishing Outdoor Dining to Include Twenty-Five Tables and One Hundred and Eight Chairs for the Restaurant Known as Heyday Cookshop on Private Property Owned by New Market - Neapolitan, LLC, and Located at 4691 9th Street North, More Fully Described Herein; Providing for Scrivener's Errors; and Providing and Effective Date. (Erica Martin, Director of Planning)]

ESTABLISHING OUTDOOR DINING TO INCLUDE 25 TABLES AND 108 CHAIRS FOR THE RESTAURANT KNOWN AS HEYDAY COOK SHOP ON PRIVATE PROPERTY OWNED BY NEWMARKET NEAPOLITAN, LLC, LOCATED AT 469 ONE NINTH STREET NORTH. MORE FULLY DESCRIBED HERE IN PROVIDING FOR SCRIBNER'S HEIRS AND PROVIDING AN EFFECTIVE DATE.

DISCLOSURES. I MEAN SWEARING IN. SORRY FOR ALL THOSE INTENDING TO OFFER TESTIMONY.

PLEASE RISE AND RAISE YOUR RIGHT HAND IF YOU SWEAR OR AFFIRM THAT THE TESTIMONY ABOUT TO GIVE BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH. THANK YOU.

DISCLOSURES. COUNCILMEMBER PENMAN, FAMILIAR WITH THE SITE KNOW CONTACTED DRIVE BY.

[05:00:04]

FAMILIAR WITH THE SITE CONVERSATIONS. DISCUSSIONS WITH CITY STAFF.

NO OTHER CONTACT. COUNCILOR CREAMER FAMILIAR WITH THE SITE AND TALK TO STAFF FAMILIAR WITH THE SITE.

NO CONTACT AND I'M FAMILIAR WITH THE SITE AND NO FURTHER CONTACT.

WE'LL WAIT FOR VICE MAYOR TO COME BACK FOR HIS HIS DISCLOSURE.

CAN WE CONTINUE? YES. THANK YOU. YOU MAY. GOOD AFTERNOON AGAIN.

FOR THE RECORD, MARK MCLEAN MHK ARCHITECTURE, 2059 TAMIAMI TRAIL EAST.

SO THE SUBMITTAL I GOT BEFORE YOU TODAY IS FOR AN OUTDOOR DINING SUBMITTAL FOR THE RESTAURANT THAT WILL BE KNOWN AS THE HEYDAY COOK SHOP.

IT IS LOCATED AT 469 NINTH STREET NORTH. THE SUBMITTAL INCLUDES 25 TABLES, 108 CHAIRS AND EIGHT UMBRELLAS, ALL ON PRIVATE PROPERTY. THE PROPERTY IS AT THE END OF THE PUBLIX PLAZA.

THERE AT NEAPOLITAN, IT IS THE OLD ZIGGY DE AMIGOS.

THIS IS THE SITE PLAN THAT SHOWS WHERE THE LOCATION IS.

ONE THING WE NOTICED FROM THE STAFF REPORT IS THE COVERED OUTDOOR DINING APPEARS TO HAVE NEVER, EVER BEEN IN ANY OTHER RESOLUTION BEFORE. THE UNCOVERED OUTDOOR DINING WAS IN THE PREVIOUS RESOLUTION, SO IF THE NUMBER SEEMED TO BE A LITTLE BIT DIFFERENT, IT DOESN'T SEEM THAT THAT OUTDOOR DINING COVERED AREA WAS EVER DONE BEFORE, BUT THAT'S JUST BECAUSE IT WAS AN OLDER RESOLUTION, I GUESS.

SO AS WE MOVE FORWARD WITH OUR SPACE, THIS IS THE EXISTING COVERED OUTDOOR DINING AREA THAT WAS THERE.

WE HAVE TABLES AND CHAIRS OUT THERE. AND THEN THIS IS.

THIS WAS THE PREVIOUSLY APPROVED OUTDOOR DINING.

THE OUTDOOR DINING COUNT THAT WE HAVE IS 25 TABLES AND 108 SEATS.

SO THE 25 TABLES ARE NOT ONLY IN THE BANQUETTES AND THE BIG EIGHT TOP AND THE FOUR TOPS THAT ARE INSIDE THE OPEN AIR COVERED OUTDOOR DINING. BUT THERE ARE THESE FOUR AND EIGHT TOPS THAT RUN ALONG THIS OUTDOOR DINING AREA THAT WILL HAVE SOME UMBRELLAS IN THE LIFE SAFETY PLAN WAS REVIEWED AND APPROVED BY FIRE. AND ALL OF THE EGRESS PATHS ARE PER NFPA.

THIS IS THE LOOK OF WHAT THE HEYDAY COOK SHOP WILL BE.

CHEF KAYLA AND COLLEEN DONOVAN, THE OWNERS. COLLEEN IS HERE WITH ME TODAY IF YOU SHOULD HAVE ANY QUESTIONS FOR HER.

BUT THIS IS THE LOOK VERY BRIGHT, VERY VIBRANT.

AND WE'RE LOOKING FORWARD TO CHEF KELLY'S NEW WONDERS THAT SHE'LL BRING TO US THERE.

THE CEILING FAN IS EXISTING, THE WHITE FENCE IS EXISTING AND THIS IS KIND OF THE NEW LOOK.

SO WE RESPECTFULLY REQUEST YOUR APPROVAL FOR THIS NEW FORTHCOMING RESTAURANT.

CAN I JUST CLARIFY WHAT YOU SAID THAT THE OUTDOOR WAS NOT THE OUTDOOR COVERED WAS NEVER APPROVED.

THAT WAS NEW TO ME. WHEN I READ THE STAFF APPLICATION, THE STAFF REPORT AND MAYBE STAFF CAN MENTION TO SOMETHING TO THIS, IT SAID THAT THIS WAS THE ONLY PREVIOUSLY APPROVED OUTDOOR DINING SPACE.

BUT I MEAN, WE I KNOW FOR A FACT THAT THERE WAS OUTDOOR DINING PREVIOUSLY DONE IN THAT COVERED OUTDOOR AREA, SO I'M JUST RESPONDING TO SOMETHING I READ IN THE STAFF REPORT LAST NIGHT.

SO IT MAY NOT BE RELEVANT, BUT OUR REQUEST FOR THE NEW OUTDOOR DINING IS THE 25 TABLES AND 108 SEATS.

OKAY. THANK YOU. ANY FURTHER QUESTIONS FOR THE PETITIONERS AGENT? WE'LL GO TO THE STAFF REPORT. GOOD AFTERNOON, KIM NUTI, CITY OF NAPLES PLANNING DEPARTMENT.

MY RESUME AND QUALIFICATIONS ARE ON FILE. PLANNING PETITION 25.

ODE 13 IS AN OUTDOOR DINING REQUEST FOR THE HEYDAY COOK SHOP, LOCATED AT 4690 ONE NINTH STREET NORTH.

KATIE COOK SHOP IS A NEW RESTAURANT LOCATED AT THE NORTHEAST CORNER OF THE NEAPOLITAN WAY SHOPPING CENTER.

THE PREVIOUS TENANT, ZIGGY DE AMIGOS WHISKEY BAR AND DINER, RECEIVED LIVE ENTERTAINMENT APPROVAL THROUGH PETITION 21 LA THREE AND OUTDOOR DINING AND APPROVAL WITH PETITION 21 OF FOUR FOR 25 TABLES AND 108 CHAIRS FOR TWO PATIO AREAS, ONE COVERED AND ONE UNCOVERED. THE PETITIONER IS REQUESTING OUTDOOR DINING APPROVAL ON PRIVATE PROPERTY, CONSISTING OF 25 TABLES AND 108 CHAIRS AND EIGHT UMBRELLAS ON PRIVATE PROPERTY FOR 2135FT OF COVERED AND UNCOVERED PATIO SPACE.

THE RESTAURANT WILL BE OPEN DAILY FROM 4 P.M.

TO 10 P.M.. THE DEPUTY FIRE CHIEF HAS APPROVED THE LIFE SAFETY PLAN FOR THE PROPOSED OUTDOOR DINING AREA ON JULY 18TH, 2025. A TOTAL OF 534 LETTERS WERE MAILED TO PROPERTY OWNERS WITHIN 1000FT OF THE SUBJECT.

PROPERTY AND STAFF HAS RECEIVED NO CORRESPONDENCE REGARDING THIS REQUEST.

STAFF HAS REVIEWED THE PETITION FOR OUTDOOR DINING.

OF 25 TABLES, 108 CHAIRS AND EIGHT UMBRELLAS ON PRIVATE PROPERTY AND PURSUANT TO SECTION 56 126 D2 OF THE LAND DEVELOPMENT CODE,

[05:05:02]

THE OUTDOOR DINING AREA IS LIMITED TO 2135FT², WITH A MAXIMUM OF 25 TABLES AND 108 CHAIRS AND EIGHT UMBRELLAS, AS CONFIGURED IN THE APPROVED LIFE SAFETY PLAN.

ANY FUTURE EXPANSION, MODIFICATION OR ENHANCEMENT OF THIS OUTDOOR DINING USE SHALL REQUIRE CITY COUNCIL REVIEW AND APPROVAL.

ANY PROPOSED LIVE ENTERTAINMENT WILL REQUIRE SEPARATE REVIEW AND COUNCIL APPROVAL.

STAFF IS AVAILABLE FOR QUESTIONS. THANK YOU. QUESTIONS FOR STAFF.

COULD YOU CLARIFY, THOUGH? 56 126 D. WHAT'S THE OR IS 56 126 C OR ONE? A WHAT IS THE ESTABLISHED DISTANCE BETWEEN TABLES FOR CLEAR DISTANCE? I'VE NOT HEARD OF THE 50% OF THE SIDEWALK WIDTH.

IS THAT PART OF OUR CODE FOR PUBLIC PROPERTY? THERE'S A REQUIRED CLEAR DISTANCE ON PUBLIC PROPERTY, BUT ON PRIVATE PROPERTY, IT'S THE FIRE MARSHAL.

IF IT'S A THE THERE'S A DIFFERENCE BETWEEN A PUBLIC SIDEWALK AND A CLEAR DISTANCE FOR A PUBLIC SIDEWALK.

WITH RESPECT TO CLEAR DISTANCES AND EGRESS PATHS ON PRIVATE PROPERTY.

IT'S IT'S FIRE CODE THAT THAT GOVERNS THOSE DISTANCES.

GOOD AFTERNOON. COREY. YOU'RE DEPUTY CHIEF AGAIN FOR SITUATIONS LIKE THIS.

IT IS JUST THE REQUIRED WIDTH BASED ON THE OCCUPANT LOAD.

SO FOR SOMETHING LIKE THIS, THE NUMBER OF PEOPLE, IT IS A 44 INCH REQUIRED PATH.

THAT ALSO TAKES INTO ACCOUNT 19IN FOR CHAIRS WHEN THEY ARE ABUTTING THE EGRESS PATH.

SO IT'S 44IN CLEAR WALKING SPACE. AND THEN FOR EACH CHAIR THAT'S THERE AGAINST WHERE TABLE IS THAT CHAIR HAS TO HAVE ANOTHER CLEAR 19IN FROM THE EDGE OF THE TABLE TO ACCOUNT FOR SOMEBODY SITTING IN THAT CHAIR WHILE PEOPLE ARE WALKING DOWN THAT PATH. SO WHAT'S THE DIFFERENCE BETWEEN PUBLIC AND PRIVATE? THE NUMBER OF PEOPLE THAT ARE EXPECTED TO BE IN THAT AREA.

AND SO THIS IS BY FLORIDA BUILDING CODE OR IS THAT BY OUR CODE, THIS AND THE EGRESS PATH.

AND THE 19IN FOR THE CHAIRS IS THE FLORIDA FIRE PREVENTION CODE.

AND THAT'S FOR PUBLIC AND PRIVATE OR THAT'S FOR ANY, ANY TYPE OF LIFE SAFETY PLAN OR REVIEW, WHETHER IT'S FOR PUBLIC OR PRIVATE PROPERTY. IF THERE IS SOMETHING THAT IS MORE STRINGENT THAN THE BUILDING CODE, THE THE MORE STRINGENT CODE WOULD APPLY. OKAY.

SO I JUST WANT TO BE CRYSTAL CLEAR, REALLY FOR THE PUBLIC, WHAT'S BEING REQUESTED HERE IS THE SAME NUMBER OF TABLES AND CHAIRS AS WAS IN PLACE UNDER THE PRIOR APPROVAL FOR ZIGGY D'AMICO.

CORRECT. CORRECT. THANK YOU. VICE MAYOR, AS PART OF MY EX PARTE DISCLOSURES, I'M FAMILIAR WITH THE SITE. NO CONTACT WITH THE PETITIONER OR PETITIONER'S AGENT.

THANK YOU. AND DID YOU HAVE A QUESTION? NO. THANK YOU.

OKAY. NO FURTHER QUESTIONS. DO I HAVE A PUBLIC COMMENT? THANK YOU. CLOSING REMARKS. WE WOULD APPRECIATE YOUR SUPPORT.

THANK YOU. I'D LIKE TO MAKE A MOTION TO APPROVE AND ONCE AGAIN SAY THIS IS SOMETHING THAT COULD BE COMPLETELY ADMINISTRATIVE.

THAT'S ALL. SECOND, I HAVE A MOTION BY COUNCIL MEMBER KRAMER FOR APPROVAL AND A SECOND BY COUNCIL MEMBER PETRINA.

MADAM CLERK, PLEASE CALL THE COUNCIL. VICE MAYOR HUTCHINSON.

YES. COUNCIL MEMBER. PENNIMAN. YES. COUNCIL MEMBER.

CHRISTMAN. YES. COUNCIL MEMBER. BARTON. YES. COUNCIL MEMBER.

KRAMER. YES. COUNCIL MEMBER. PETRINA. YES. AND MAYOR.

HARTMAN. YES. THANK YOU. PASSES UNANIMOUSLY. GOOD LUCK.

THANK YOU. THAT TAKES US TO 11 J. MR. MCCONNELL.

[11.J. A Resolution Determining Outdoor Dining Petition 25-OD14 Establishing Outdoor Dining to Include Four (4) Tables and Eighteen (18) Chairs for the Restaurant Knows as Bad Ass Coffee on Private Property Owned by WSR-1075, LLC, and Located at 1103 Central Avenue, More Fully Described Herein; Providing For Scrivener’s Errors; And Providing An Effective Date. (Erica Martin, Director of Planning)]

MORE FULLY DESCRIBED HEREIN, PROVIDING FOR SCRIBNER'S ERRORS AND PROVIDING AN EFFECTIVE DATE.

MADAM CLERK, FOR ALL THOSE INTENDING TO OFFER TESTIMONY WHO WERE NOT PREVIOUSLY SWORN, PLEASE RAISE YOUR RIGHT HAND.

WE'RE ALL GOOD. THANK YOU. DISCLOSURES. COUNCILMEMBER WITH HIS SIDE NOTE.

[05:10:05]

NO CONTACT. KRAMER KNEW THE SITE WELL AS NARRATIVE AND TALK TO STAFF ABOUT THIS.

BETTER NOT FAMILIAR WITH THE SITE. TALKED WITH STAFF ABOUT IT.

TALKED WITH WHO I THOUGHT WAS THE OWNER OF THE BAD ASS THAT WAS AT CHARLESTON SQUARE.

AND THAT'S IT. THANK YOU, VICE MAYOR. YEAH, I'M FAMILIAR WITH THE SITE.

NO CONTENT. FAMILIAR WITH THE SITE AND SPOKE WITH STAFF.

NO. NO FURTHER CONTACT. THANK YOU FOR THE RECORD.

MARK MCLEAN MHK ARCHITECTURE, 2059 TAMIAMI TRAIL EAST.

THIS IS AN OUTDOOR DINING APPLICATION FOR THE EXTERIOR TENANT IMPROVEMENT SUITE LOCATED AT 1103 CENTRAL AVENUE.

THE OUTDOOR DINING LAYOUT IS PREVIOUSLY APPROVED DINING LAYOUT THAT WAS PREVIOUSLY APPROVED BY THE TENANT.

NARRATIVE COFFEE WE ARE BASICALLY REPROCESSING THAT AS BAD ASS COFFEE.

WE HAVE APPROXIMATELY 462FT², WHICH ENCOMPASSES FOUR TABLES, EIGHT CHAIRS, A BENCH, AND 11 PLANTERS.

THIS IS 1111 CENTRAL. AS IT LAYS OUT, THIS IS THE COMMERCIAL ZONE THAT LAYS OUT ON 1111 CENTRAL.

THIS IS THE PIZZA PLACE DOWN THERE. I'M NOT EVEN SURE WHAT'S IN THERE RIGHT NOW.

THIS IS. THIS IS NARRATIVE AND BADASS OR BADASS COFFEE WHERE IT'LL BE.

IT ACTUALLY COMES IN THERE A LITTLE FURTHER. THIS IS CURRENTLY BEING PERMITTED AS A JEWELRY STORE.

FROM WHAT I UNDERSTAND, THE SECOND FLOOR OF IT HAS SOME UNITS, FOUR, 11, 11 CENTRAL IN IT.

AND THEN THE SECOND FLOOR OF THIS BUILDING IS THE AMENITY FOR 1111 CENTRAL.

SO ARE SMALLER AREAS ON THE GROUND FLOOR DOWN HERE.

THIS THIS IS BADASS COFFEE. AND THEN THIS IS THE HATCHED AREA IS THE AREA THAT WE'RE USING FOR OUTDOOR DINING.

SO AGAIN, THE BADASS COFFEE IS INSIDE THE SPACE.

WE'RE BASICALLY ALMOST IN KIND, SWAPPING OUT NARRATIVE COFFEE FOR BADASS COFFEE, WHICH IS REBRANDING THE SPACE FOR BADASS COFFEE.

THE TABLES AND CHAIRS THAT WE'RE USING OUT HERE, WE ARE MATCHING WHAT WAS EVEN PREVIOUSLY APPROVED FROM BADASS COFFEE BECAUSE THEY HAD SOME BLACK TABLES AND CHAIRS. WE HAD TO BUY A FEW ADDITIONAL PLANTERS AND A AND A BENCH AND A FEW ADDITIONAL PIECES THAT WERE GOING IN THERE.

PUT IT ALL TOGETHER. BUT WE'VE REVIEWED ALL THE LIFE SAFETY PLAN NOT ONLY FROM INSIDE THE BUILDING, BECAUSE SOME OF THE EGRESS WILL EGRESS THROUGH THIS OUTDOOR DINING.

WE MADE SURE FIRE WAS GOOD WITH EVERY BIT OF THIS.

TO GET PEOPLE OUT OF THE COFFEE SHOP SAFELY AND OUT OF THE OUTDOOR DINING AREA SAFELY IF NEEDED.

AGAIN, THERE'S TWO TABLES ON THIS SIDE. TWO TABLES ON THIS SIDE.

A SMALL BENCH HERE. SOME PLANTERS LAID AROUND REALLY SIMPLE SPACE.

THE HOURS OF OPERATION ARE LAID OUT WITHIN YOUR PLAN THERE FROM EARLY MORNING TO MID-AFTERNOON.

THE COUNT IS FOR THE FOUR TABLES. WOULD HAVE FOUR SEATS OF PIECES.

16 THE TWO CHAIRS IS TWO EACH. AND THEN WE REALLY DIDN'T COUNT THE BENCH.

SO TECHNICALLY THE 18 TABLES AND CHAIRS ARE THERE, BUT THEN WE CALL THE BENCH OUT SEPARATELY.

SO TECHNICALLY YOU COULD HAVE 20 PEOPLE THERE. SOMEONE COULD SIT DOWN ON A BENCH AND DRINK A CUP OF COFFEE. SO THE TABLES AND CHAIRS ARE 18 PLUS THE BENCH.

THESE ARE IMAGES OF WHAT IS WAS EXISTING IN THERE.

SO LIKE THIS BENCH, IT DOESN'T COUNT IN THE TABLE AND CHAIR COUNT, BUT IT DOES SEAT A COUPLE PEOPLE IF YOU WANT TO GO SIT ON A BENCH AND HAVE A CUP OF COFFEE. SO TECHNICALLY WE CAN SEE 20 PEOPLE OUT HERE, BUT THE THE APPLICATION IS FOR 18.

WITH THAT I'M HERE FOR QUESTIONS AND WOULD APPRECIATE YOUR SUPPORT.

THANK YOU. COUNCIL QUESTIONS FOR PETITIONER'S AGENT.

AND I JUST WANT TO CLARIFY, YOU SAID THIS IS THE SAME LAYOUT AS THE PREVIOUS.

WELL IT'S THE SAME TABLES AND CHAIRS, THE SAME FOOTPRINT.

BUT YEAH WE'RE WE'RE CONFIGURING THE TABLES AND CHAIRS A LITTLE DIFFERENT. OKAY. SO IT'S NOT ENCROACHING FURTHER INTO THAT.

NO MA'AM. WALKWAY. NO. IT'S THE EXACT SAME 462 SQUARE FOOT FOOTPRINT.

WE DIDN'T FEEL. WE NEED TO EXPAND THAT FOR 16 PEOPLE.

IT'S PLENTY OF SPACE. SO WE KEPT THAT FOOTPRINT EXACTLY THE SAME.

THANK YOU. ALL RIGHT. STAFF REPORT. GOOD AFTERNOON.

COMMUNITY. CITY OF NAPLES PLANNING DEPARTMENT. MY RESUME AND QUALIFICATIONS ARE ON FILE.

PLANNING PETITION 2514 IS AN OUTDOOR DINING REQUEST FOR A BADASS COFFEE LOCATED AT 1103 CENTRAL AVENUE.

BADASS COFFEE IS A HAWAIIAN COFFEE SHOP. THE COMPANY HAS TWO CURRENT LOCATIONS WITHIN THE CITY AT 1307 THIRD STREET SOUTH AT 1400 GULF SHORE BOULEVARD NORTH, OPENING THE ADDITIONAL LOCATION AT 1103 CENTRAL AVENUE.

THIS SPACE WAS FORMERLY OCCUPIED BY THE NARRATIVE COFFEE ROASTERS, WITH APPROVAL FOR OUTDOOR DINING THROUGH PETITION 21 DASH 24.

THE APPROVAL WAS FOR FOUR TABLES, 18 CHAIRS, 11 PLANTERS AND ONE BENCH ON PRIVATE PROPERTY.

THE PETITIONER IS REQUESTING OUTDOOR DINING APPROVAL FOR FOUR TABLES, 18 CHAIRS, 11 PLANTERS AND ONE BENCH ON PRIVATE PROPERTY OR OCCUPYING

[05:15:01]

TO 5 P.M.. THE DEPUTY FIRE CHIEF HAS APPROVED THE LIFE SAFETY PLAN AND CODE ENFORCEMENT DID NOT HAVE ANY APPLICABLE VIOLATIONS.

ON JULY 18TH, 2025, A TOTAL OF 540 LETTERS WERE MAILED TO PROPERTY OWNERS WITHIN 1000FT² OF THE SUBJECT PROPERTY.

STAFF HAS RECEIVED NO CORRESPONDENCE REGARDING THIS REQUEST.

PURSUANT TO SECTION 50 6-1 2062 OF THE LAND DEVELOPMENT CODE, STAFF HAS REVIEWED THE PETITION FOR OUTDOOR DINING ON PROPERTY LOCATED AT 1103 CENTRAL AVENUE AND FIND THAT THE STANDARDS HAVE BEEN MET.

SHOULD CITY COUNCIL APPROVE THE OUTDOOR DINING PETITION, STAFF HAS TWO RECOMMENDATIONS.

ONE, THAT THE OUTDOOR DINING APPROVAL IS LIMITED TO 462FT² WITH A MAXIMUM OF FOUR TABLES, CHAIRS, ONE BENCH AND 11 PLANTERS IN THE APPROVED LIFE SAFETY PLAN.

ANY FUTURE EXPANSION, MODIFICATION OR ENHANCEMENT OF THIS OUTDOOR DINING USE SHALL REQUIRE CITY COUNCIL REVIEW AND APPROVAL OF THE SECOND.

ANY PROPOSED LIVE ENTERTAINMENT WILL REQUIRE SEPARATE REVIEW AND CITY COUNCIL APPROVAL.

STAFF IS AVAILABLE FOR QUESTIONS. THANK YOU. QUESTIONS FOR STAFF.

DO I HAVE ANY PUBLIC COMMENT? NONE. THANK YOU.

WE WOULD APPRECIATE YOUR SUPPORT AND APPROVAL. THANK YOU.

COUNCIL. MOVE TO APPROVE THE RESOLUTION FOR THE OUTDOOR DINING.

PETITION FOR BADASS COFFEE. SECOND, I HAVE A MOTION BY COUNCIL MEMBER KRISEMAN AND A SECOND BY COUNCIL MEMBER PETRONELLA. MADAM CLERK, PLEASE CALL THE COUNCIL.

COUNCIL MEMBER. PENNIMAN. YES. COUNCIL MEMBER.

KRAMER. YES. VICE MAYOR. HUTCHINSON. YES. COUNCIL MEMBER.

KRISEMAN. YES. COUNCIL MEMBER. BARTON. YES. COUNCIL MEMBER.

PETRINA. YES. MAYOR. HARTMAN. YES. THANK YOU.

THANK YOU VERY MUCH. AND IN CLOSING, I ASK THAT WE DON'T FORGET ABOUT WORKFORCE HOUSING.

IT'S IMPORTANT TO THE COMMUNITY. SO I ASK THAT WE DON'T JUST LET THAT BALL LIE.

THANK YOU. THANK YOU. THAT CONCLUDES 11 J. TAKING US.

TO NEW BUSINESS. MRS. RAMOS 13 WOULD YOU

[13.A. A Resolution Reestablishing the "Blue Ribbon" Committee; Appointing Seven Residents to the Committee for the Purpose of Studying and Making Recommendations to City Council on the Level of Employment Compensation and Benefits for the Mayor and Council Members; and Providing an Effective Date. (Patricia Rambosk, City Clerk)]

MAYOR. MEMBERS OF COUNCIL. PATRICIA RAMBEAU, CITY CLERK.

THE CHARTER PROVIDES THAT AN INDEPENDENT BLUE RIBBON COMMITTEE, CONSISTING OF SEVEN NAPLES RESIDENTS, BE APPOINTED AT LEAST ONCE EVERY FOUR YEARS FOR THE PURPOSE OF STUDYING AND MAKING RECOMMENDATIONS TO COUNCIL ON THE LEVEL OF COMPENSATION AND BENEFITS OF THE MAYOR AND CITY COUNCIL. THE CITY COUNCIL LAST APPOINTED MEMBERS TO THE BLUE RIBBON COMMITTEE ON AUGUST 18TH, 2021, IN ANTICIPATION OF THE 2022 GENERAL ELECTION.

EACH CITY COUNCIL MEMBER IS GIVEN THE OPPORTUNITY TO APPOINT A RESIDENT OF THEIR CHOICE TO SERVE ON THE COMMITTEE AND SINCE THE NEXT GENERAL ELECTION WILL BE HELD FEBRUARY 3RD. THE RECOMMENDATIONS OF THE COMMITTEE ARE DUE BACK TO THE CITY COUNCIL WITHIN 90 DAYS, ACCORDING TO THE CHARTER, WHICH IS NOVEMBER 3RD.

WE ANTICIPATE TO BRING THAT BACK TO YOU OCTOBER 15TH AT THE REGULAR MEETING SO THAT WE MEET THE CHARTER REQUIREMENTS.

SO THE RESOLUTION IS BEFORE YOU TO REESTABLISH THE BLUE RIBBON COMMITTEE AND APPOINT AND PROVIDE AN OPPORTUNITY FOR EACH COUNCIL MEMBER TO APPOINT ONE MEMBER TO THAT COMMITTEE. THANK YOU. SO THE PROCESS IS.

YOU HAVE A RESOLUTION BEFORE YOU, AND IF YOU WANT TO GO DOWN AND MAYBE MATTHEW CAN JUMP IN HERE IF YOU WANT TO GO DOWN AND MAKE YOUR APPOINTMENTS, THE MOTION THEN WOULD BE AT THE END TO APPROVE THE RESOLUTION, TO REESTABLISH THE COMMITTEE AND APPROVE THE MEMBERS YOU SELECTED.

OKAY. SO IF YES, COUNCILMAN KRAMER. OKAY. YES.

GOT IT. THANK YOU. KAREN K JUST TELL HER. YES, THAT SEEMS ODD.

KAREN K A R E N HANLON H A N L O N. DO YOU NEED HER ADDRESS OR ANYTHING? I WILL GET WITH YOU LATER. JUST FOR THE PURPOSES OF THE RESOLUTION, THE NAME IS SUFFICIENT.

PETRINA. MARTIN. HASBROUCK. AND VICE MAYOR. VOICE.

[05:20:05]

COUNCIL MEMBER. BARTON. MIKE. ASSAD. ASSAAD. COUNCIL MEMBER.

PENMAN. JOSEPH. BURKE. AND I AM PETER GO.

IF YOU'VE GOT A MICROPHONE, PLEASE. PETER, GO.

OH, JOE. BURKE. SO, DO I HAVE A MOTION OR. YEAH.

SO THE MOTION WOULD BE TO REESTABLISH THE BLUE RIBBON COMMITTEE AND APPROVE THE APPOINTMENTS THAT YOU SELECTED TODAY.

MADAM MAYOR. YES, VICE MAYOR, I'LL MAKE A MOTION TO REESTABLISH THE BLUE RIBBON COMMITTEE AND MOVE FORWARD WITH TEAM APPOINTED SEVEN RESIDENTS TO THE COMMITTEE AS BROUGHT FORWARD BY MEMBERS OF CITY COUNCIL.

SECOND. DO YOU WANT THOSE NAMES LISTED, MRS. HRABOWSKI? I. WE WILL. YOU GOT IT? YES. OKAY. THANK YOU.

ALL RIGHT. I HAVE A MOTION BY VICE MAYOR OR SECOND BY COUNCIL MEMBER CHRISTMAN.

MADAM CLERK, PLEASE. FULL COUNCIL. COUNCIL MEMBER.

PETRINA. YES. COUNCIL MEMBER. KRAMER. YES. VICE MAYOR.

HUTCHISON. YES. COUNCIL MEMBER. PENNIMAN. YES.

COUNCIL MEMBER. CHRISTMAN. YES. COUNCIL MEMBER.

BARTON. YES. MAYOR. HARTMAN. YES. THANK YOU, MRS. RAMBEAU. AND THANK YOU VERY MUCH. ANOTHER ITEM ON YOUR PLATE.

THANK YOU. THAT LEAVES US AT 13. BE MR. MCCONNELL.

YES. OKAY. ALL RIGHT. RESOLUTION. ADOPTING AN ANNUAL SPECIAL ASSESSMENT ROLE FOR THE FIFTH AVENUE SOUTH BUSINESS

[13.B. A Resolution for the Purpose of Adopting an Annual Special Assessment Roll for the Fifth Avenue South Business Improvement District for Fiscal Year 2025-26; Providing that Assessments Constitute a Lien on Assessed Property Upon Adoption of the Assessment Roll; Directing the City Clerk to Record the Assessment Roll; and Providing an Effective Date. (Stefan Massol, Interim Finance Director)]

PROVIDING THAT ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED PROPERTY UPON ADOPTION OF THE ASSESSMENT ROLE, DIRECTING THE CITY CLERK TO RECORD THE ASSESSMENT ROLE IN PROVIDING AN EFFECTIVE DATE. GOOD AFTERNOON. GOOD AFTERNOON, MAYOR AND COUNCIL STEPHANIE MISSAL, INTERIM FINANCE DIRECTOR.

YOU MAY RECALL THIS FROM PAST AGENDAS, BUT ONCE A YEAR THERE IS AN ANNUAL ASSESSMENT RESOLUTION FOR FIVE DIFFERENT ASSESSMENT AREAS WITHIN THE CITY OF NAPLES.

THESE ARE ALL PROVIDED IN SEQUENCE IN YOUR PACKET.

I'D BE HAPPY TO PROVIDE MORE DETAILS OR INFORMATION ON EACH OF THEM.

IF THERE ARE ANY SPECIFICS YOU'D LIKE TO TO KNOW ABOUT.

I CAN SAY THAT FOR THE FIFTH AVENUE SOUTH BUSINESS IMPROVEMENT DISTRICT 2526 WOULD MARK YEAR 16 OF 20.

IT WAS EXTENDED AFTER THE FIRST TEN YEARS FOR AN ADDITIONAL TEN YEAR PERIOD.

BUT IF YOU'D LIKE, I CAN PROVIDE AN OVERVIEW OF EACH OR I GUESS I'LL LEAVE THAT UP TO COUNCIL.

COUNCIL. AN OVERVIEW OF EACH, AS IN, WE'RE THE I GUESS WE COULD I COULD GIVE A OVERVIEW OF THE BID, AND THEN I COULD GIVE OVERVIEWS FOR THE SUBSEQUENT ITEMS AS WELL WHEN WE GET TO THEM, IF YOU'D LIKE. OKAY. I JUST LET'S FINISH THE BID.

OKAY. YEAH. JUST THE ONE. SURE. OKAY. ALL RIGHT.

SO THE FIFTH AVENUE SOUTH BUSINESS IMPROVEMENT DISTRICT, THIS IS YEAR 16 OF 20 FOR FISCAL YEAR 2029, 30 BEING THE FINAL YEAR. FOR 25, 26. WE ARE, YOU KNOW, INCLUDING A A PROPOSED MILLAGE RATE OF 1.72 MILLS. IT'S ACTUALLY THAT'S PROBABLY NOT THE RIGHT TERMINOLOGY.

IT'S 1.72 MILLS, BUT IT'S AN ASSESSMENT. IT'S A PERCENTAGE BASIS OF PROPERTY VALUES WORKS SIMILAR TO A MILLAGE RATE.

BUT OF COURSE IT'S NOT ESTABLISHED IN THAT WAY.

AND THAT RATE WAS REQUESTED BY THE FIFTH AVENUE SOUTH BUSINESS IMPROVEMENT DISTRICT.

THAT REQUEST LETTERS INCLUDE IN YOUR PACKETS.

IT WAS BASED ON WHAT THE MAXIMUM LEVY AVAILABLE IS BY THE ASSESSMENT RESOLUTION ITSELF THE MAXIMUM NUMBER BEING $800,000 WITH ROUNDING AND SO ON, THAT CLOSEST MILLAGE OR PERCENTAGE THAT WOULD BE BELOW THE $800,000 MAXIMUM WAS 1.72. SO THAT IS THE RATE REQUESTED IN THIS RESOLUTION.

THAT WOULD COME OUT TO $798,242 ACROSS ALL OF THE PROPERTIES, INCLUDING THE ASSESSMENT AREA.

THE ASSESSMENT. HISTORY IS ALSO PROVIDED IN THE AGENDA MEMORANDUM.

[05:25:04]

SO THE FIFTH AVENUE BID LETTER.

IS A REQUEST TO DECREASE THE MILLAGE RATE FROM 1.78 TO 1.72.

CORRECT. AND ANY REASONS WHY OR REASONS IT HAD ESTABLISHED THIS TAXABLE VALUE.

IT HAD TO DO WITH THE INCREASE IN TAXABLE VALUES WITHIN THE ASSESSMENT AREA BETWEEN LAST YEAR AND THIS YEAR.

AND BECAUSE IT REACHED THE MAXIMUM OF $800,000, THE RATE OF 1.72 WAS REQUESTED, WHICH WOULD BE THE MAXIMUM ALLOWED. AND I GUESS MY MY QUESTION REALLY IS, IS ESTABLISHING A NEED AND ANY TYPE OF BACKUP MATERIAL TO WHERE THIS ANNUAL ASSESSMENT IS GOING TO.

WHICH IS NOT INCLUDED HERE. I KNOW IT'S ESTABLISHING THE MILLAGE RATE.

YEAH. I'LL GO AHEAD AND INTERJECT. SURE. ON AS FAR AS SHE CAN INTERJECT.

BUT AS FAR AS AT THIS STAGE IN THE PROCESS, I THINK THEY COME BEFORE YOU ONCE A YEAR AND THEY DELIVER THEIR AUDITED REPORTS AND THEY GIVE THEIR ANNUAL REPORT. AT THIS STAGE IN THE PROCESS, THIS IS WHETHER OR NOT YOU WANT TO ASSESS IN THE SUBSEQUENT YEAR.

SO I SAW MEG JUST WALKED IN. SHE MAY BE ABLE TO ANSWER YOUR QUESTION, BUT IT IT WOULD NOT BE CUSTOMARY FOR US TO PRODUCE FOR YOU WHAT THEY'RE DOING.

THIS IS CONSISTENT WITH THE INITIAL AND FINAL RESOLUTION THAT ESTABLISHED IT, WHICH PUTS THE MAXIMUM THRESHOLDS AND THE CORRESPONDING PROPERTIES THAT ARE IN PLACE. AND AS MR. MUSCLE SAID, THAT IT'S CAPPED AT 800,000.

AND SO IT'S ACTUALLY BEEN THE LAST THREE YEARS THAT IT'S SEEN AS A REDUCTION IN THE ACTUAL MILLS BECAUSE OF THE FACT THAT THE PROPERTY VALUES HAD CONTINUED TO RISE. AS TO YOUR SPECIFIC QUESTION, SINCE MEG IS HERE, IF SHE WANTED TO ADDRESS IT, I WOULD I WOULD DEFER TO THEM BECAUSE WE ACT AS THE PASS THROUGH CONSISTENT WITH THE ORIGINATING RESOLUTIONS AND SUBSEQUENT ANNUAL ASSESSMENT.

I THINK IT'S VERY SIMILAR TO THE ANNUAL REPORT, BUT JUST MAG, IF YOU HAVE ANYTHING TO ADD TO THE ASSESSMENT, I DO NOT. HI, MADAM MAYOR, MR. PANDIAN, FIFTH AVENUE SOUTH BUSINESS IMPROVEMENT DISTRICT.

HELLO, COUNCIL. I DO NOT ACTUALLY HAVE ANYTHING TO ADD.

I DID NOT QUITE HEAR THE QUESTION. I WAS GOING THROUGH SECURITY.

SO SORRY. MY QUESTION WAS. WAS THERE SPECIFIC REASONS OF WHY YOU.

I KNOW YOU'VE BEEN. MR. YOUNG SAID, LOWERING THE MILLAGE RATE FOR THE LAST THREE YEARS.

BUT IN PARTICULAR, YOU'RE COMFORTABLE WITH LOWERING THAT MILLAGE RATE AND BEING ABLE TO ACCOMPLISH WHAT IT IS FOR PROMOTING THE DISTRICT.

YES, YES. OKAY. AND ANYTHING YOU WANT TO SHARE WITH US ABOUT THAT PROMOTING OF THE DISTRICT, WE ARE GOING GANGBUSTERS IN TERMS OF TARGETING AN AUDIENCE THAT CAN COME TO FIFTH AND ENJOY FIFTH.

WE'VE JUST FINISHING UP FLAVORS OF FIFTH, WHICH WAS A REALLY GREAT PROGRAM.

WE'RE DOING A LOT OF DIGITAL MARKETING, WHICH IS FISCALLY, YOU KNOW, QUITE AFFORDABLE.

WE DID JUST RECEIVE WORD THAT THE BID RECEIVED A GRANT.

WE APPLIED FOR A GRANT WITH THE CONVENTION AND VISITORS BUREAU AND THE.

WE HAD REQUESTED 25,000 TO ASSIST WITH OUR HIGHLY TARGETED MARKETING EFFORTS, DIGITAL MARKETING EFFORTS, AND THEY ARE IN THE PROCESS OF GETTING AN AWARD APPROVAL OF 20,000 FOR THE BID.

ADDITIONALLY, WE HAVE SOME COMMUNITY PARTNERS THAT ARE HELPING US TO OFFSET THE COST SO THAT WE CAN CONTINUE TO DO THE GOOD WORK THAT WE DO IN PROMOTING THE AVENUE FOR. AND THAT IS YOUR DIGITAL. IS THAT YOUR APP OR WHAT IS THAT? SO THERE WILL BE AN APP SOMEDAY, BUT THAT'S ACTUALLY MORE LIKE WITH.

SO FOR EXAMPLE, FLAVORS OF FIFTH, IT WAS TARGETING MARKETS THAT WE KNEW.

NAPLES NORTH NAPLES TAMPA. SOME OF THOSE MARKETS THAT WOULD BE ABLE TO DO A WEEKEND PLAN USING AN AD, A STATIC AD, OR A VIDEO TO BRING TRAFFIC TO THE AVENUE TO DINE, SHOP, DINE AND PLAY.

I ASK ONLY BECAUSE YOU HAD A DOWNTURN. YOU WERE CONCERNED ABOUT FIFTH AVENUE, AND SO THAT'S GOOD NEWS.

WELL, IT WASN'T AS MUCH OF A DOWNTURN AS THAT.

WE REALLY HAVE BEEN FACED WITH SOME CHALLENGES.

I MEAN, THE SPENDING NATIONWIDE, AS I UNDERSTAND IT IS, HAS CHANGED.

[05:30:05]

WE ARE SCAMPERING, LIKE I SAID, TO DO THE VERY BEST WE CAN TO PROMOTE A REASON FOR PEOPLE TO VISIT THE AVENUE, ESPECIALLY IN THE OFF SEASON. COACH HAS HEARD THIS NUMBER, BUT PRESENTED LAST MONTH WAS A 32.2% DECLINE IN EUROPEAN TRAVEL YEAR OVER YEAR. SO THAT'S A BIG NUMBER. SO WE ARE WE ARE WORKING VERY HARD TO BE EFFICIENT, TO AGAIN PROMOTE AND FIND WAYS TO BRING TRAFFIC TO THE AVENUE. GREAT. AFFORDABLY SUPPORT YOUR LOCAL STREET, YOUR LOCAL BUSINESS.

YES. ANY OTHER QUESTIONS? COUNCIL. COUNCIL MEMBER.

CHRISTMANN. NO. NOT A QUESTION, BUT. BUT A COMMENT THAT I THINK IS WE'RE IN BUDGET SEASON, AND I THINK IT'S APPROPRIATE TO NOTE THAT IN THE AGENDA MEMORANDUM, WHEN THEY TALK ABOUT WHEN THE TAXABLE VALUE OF THE FIFTH AVENUE BUSINESS DISTRICT IS LISTED AT $464 MILLION THE THAT'S DOUBLED SINCE 2018. IT'S MORE THAN TRIPLED SINCE 2011, ACCORDING TO THIS DATA.

SO WHEN YOU I DON'T KNOW WHAT THAT NUMBER REPRESENTS.

STEPHAN OF THE TOTAL TAXABLE VALUE IN THE CITY, BUT IT'S, I'M SURE A MEANINGFUL PART.

AND WHEN WE SIT AS A CRA BOARD AND WONDER WHERE THIS, YOU KNOW THINK ABOUT WHERE THE GROWING OWING AMOUNT OF MONEY THAT'S AVAILABLE TO THE CRA IS REALLY COMING FROM IT'S IT'S FROM THE 30 YEAR SUCCESS STORY OF FIFTH AVENUE LARGELY. AND SO IT'S JUST THIS IS A GOOD MOMENT JUST TO POINT THAT OUT AND APPRECIATE THE ECONOMIC SUCCESS THAT FIFTH AVENUE HAS HAD AND, AND HOW IT'S BENEFITED THE CITY. THANK YOU, COUNCILMAN. AND I WOULD SAY THAT, YOU KNOW, HAVING WORKED WITH THE PROPERTY OWNERS ON THE AVENUE FOR TWO AND A HALF YEARS NOW, THEY'RE VERY PROUD OF THAT. YOU KNOW, THEY'RE B THEY'RE VERY PROUD THAT THAT THOSE DOLLARS ARE ABLE TO STAY WITHIN THE CITY AND BE APPLIED TO PROJECTS THAT ARE NEEDED WITHIN WITHIN THE MUNICIPALITY.

THANK YOU. THANK YOU. ALL RIGHT. WITH THAT COUNCIL, I HAVE A MOTION.

I'LL MAKE A MOTION TO APPROVE ITEM 13 BE AS PRESENTED.

CAN I DO IT? THAT. WHERE DO YOU WANT ME TO READ IT? DO YOU NEED A LITTLE BIT MORE THAN THAT, DO YOU THINK? RESOLUTION ADOPTING AN ANNUAL SPECIAL.

ADOPT AN ANNUAL SPECIAL ASSESSMENT ROLE FOR THE FIFTH AVENUE SOUTH BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 20 2526.

THAT'S GOOD. THANK YOU. I HAVE A MOTION. MOTION BY COUNCILMAN KRAMER AND A SECOND BY COUNCIL MEMBER PETROV.

MADAM CLERK, PLEASE PULL THE COUNCIL. COUNCILMEMBER PALMER.

YES. COUNCIL MEMBER. CHRISTMAN. YES. COUNCIL MEMBER.

PETRINA. YES. COUNCIL MEMBER. BARTON. YES. VICE MAYOR.

HUTCHISON. YES. COUNCIL MEMBER. PENNIMAN. YES.

MAYOR. HEITMANN. YES. THANK YOU. PASSES UNANIMOUSLY.

THANK YOU. AND THANK YOU ALL. I WOULD LIKE TO ALSO THANK MY HELP INTERIM HELP HERE THIS SEASON.

HE WORKED WITH US QUITE A BIT. SO THANK YOU. NICE TO MEET YOU.

GOOD TO MEET YOU TOO. SO NOW WE'LL GO TO 13. SEE MR.

[13.C. A Resolution for the Purpose of Approving the Fiscal Year 2025-26 Non-Ad Valorem Assessment Roll for the Bembury Assessment Area Located within the City's Utility Service Area; Directing Certification of the Assessment Roll to the Collier County Tax Collector; and Providing an Effective Date. (Stefan Massol, Interim Finance Director)]

NON-IDEAL ASSESSMENT ROLE FOR THE BANBURY ASSESSMENT AREA, LOCATED WITHIN THE CITY'S UTILITY SERVICE AREA.

DIRECTING CERTIFICATION OF THE ASSESSMENT ROLE TO THE COLLIER COUNTY TAX COLLECTOR AND PROVIDING AN EFFECTIVE DATE. THANK YOU, MISTER COMMISSIONER. YES. SO THIS ONE COVERS UTILITY IMPROVEMENTS WITHIN THE BEMBRY AREA.

AND SO THIS ONE WAS ADOPTED BACK IN 2014 UNDER RESOLUTION 14 DASH 13485 FOR WASTEWATER IMPROVEMENTS IN THE BEMBRY SERVICE AREA. AND IT ESTABLISHED AN ASSESSMENT OF 21,982 FOR CONSTRUCTION AND $2,394 FOR CAPACITY COSTS. RE CALCULATIONS DETERMINED THE ASSESSMENT TO BE 15,708 FOR CONSTRUCTION IN 2003, 94 FOR CAPACITY COSTS TOTAL BILL OF 18,102. THERE WERE OPTIONS GIVEN TO PROPERTY OWNERS TO EITHER PREPAY OR HAVE THE ASSESSMENT ATTACHED TO TAX ROLLS FOR 20 YEARS.

AND IN THIS MOST RECENT YEAR FOR THE 23 ACCOUNTS REMAINING THE AMOUNT DUE FOR FISCAL YEAR 20 2526 IS $18,330.44, VARYING AMOUNTS CONSISTENT WITH REQUIRED ANNUAL REQUIRED PAYMENTS PLUS AMORTIZED INTEREST AND COLLECTION COSTS. THERE'S A DETAIL OF WHICH PROPERTIES ARE INCLUDED IN THE RESOLUTION.

[05:35:07]

MOTION BY COUNCIL MEMBER CHRISMAN. SECOND, I HAVE A SECOND BY COUNCIL MEMBER BARTON.

MADAM CLERK, PLEASE HOLD COUNCIL. COUNCIL MEMBER.

CRAMER. YES. COUNCIL MEMBER. BARTON. YES. COUNCIL MEMBER.

PENNIMAN. YES. VICE MAYOR. HUTCHISON. YES. COUNCIL MEMBER.

PETROFF. YES. COUNCIL MEMBER. CHRISTMAN. YES.

MAYOR. HEYMAN. YES. THANK YOU. COUNCIL PASSES UNANIMOUSLY.

GOING TO 13 DE. OKAY. MR. MCCONNELL. THANK YOU.

[13.D. A Resolution for the Purpose of Approving the Fiscal Year 2025-26 Non-Ad Valorem Assessment Roll for the Gulf Acres/Rosemary Heights Assessment Area Located within the City's Utility Service Area; Directing Certification of the Assessment Roll to the Collier County Tax Collector; and Providing for an Effective Date. (Stefan Massol, Interim Finance Director)]

NON AD VALOREM ASSESSMENT ROLE FOR THE GOLF ACREAGE.

ROSEMARY HEIGHTS ASSESSMENT AREA LOCATED WITHIN THE CITY'S UTILITY SERVICE AREA.

DIRECTING CERTIFICATION OF THE ASSESSMENT ROLE TO THE COLLIER COUNTY TAX COLLECTOR AND PROVIDING AN EFFECTIVE DATE. THANK YOU, MR. MUSIL. YEAH. AND THIS A SIMILARLY WAS RELATED TO WASTEWATER IMPROVEMENTS WITHIN THE GULF ACRES ROSEMARY HEIGHTS ASSESSMENT AREA.

FOR THIS ONE, IT WAS ASSESSED ON OCTOBER 17TH, 2018 RESOLUTION 18 DASH 14223. ESTABLISH AN ASSESSMENT OF $10,976 FOR CONSTRUCTION AND AN ADDITIONAL $2,324 FOR CAPACITY COSTS. PROPERTY OWNERS ARE GIVEN THE OPTION TO PREPAY THE 13,300.

OR HAVE THE ASSESSMENT ATTACHED TO THE TAX ROLLS FOR 20 YEARS, WITH INTEREST AND FEES ADDED ANNUALLY.

AND THE AMOUNT DUE FOR 20 2526 FOR THE 231 ACCOUNTS.

THE REMAINING AMOUNT IS $139,870.05 FOR FISCAL YEAR 20 2526.

AND HAPPY TO ANSWER ANY OTHER QUESTIONS YOU MIGHT HAVE.

THANK YOU. COUNCIL. ANY QUESTIONS? NOPE. OKAY.

CAN I HAVE A MOTION? I'LL MAKE A MOTION TO APPROVE THIS RESOLUTION FOR THE PURPOSE OF APPROVING THE FISCAL YEAR 20 2526 IT'S NOT AD VALOREM ASSESSMENT ROLE FOR THE CALL TAKERS.

ROSEMARY HEIGHTS ASSESSMENT AREA. THANK YOU. I HAVE A MOTION BY COUNCILMEMBER CHRISTMANN AND SECOND SECOND BY COUNCIL MEMBER BARTON.

MADAM CLERK, PLEASE CALL THE COUNCIL. COUNCIL MEMBER.

BARTON. YES. COUNCIL MEMBER. CHRISMAN. YES. VICE MAYOR.

HUTCHISON. YES. COUNCIL MEMBER. PETRINA. YES.

COUNCIL MEMBER. PENNIMAN. YES. COUNCIL MEMBER.

KRAMER. YES. MAYOR. HEITMANN. YES. THANK YOU.

COUNCIL PASSES UNANIMOUSLY GOING TO 13 E, MR.

[13.E. A Resolution for the Purpose of Approving the Fiscal Year 2025-26 Non-Ad Valorem Assessment Roll for the Curlew Canal Assessment Area; Directing Certification of the Assessment Roll to the Collier County Tax Collector; and Providing an Effective Date. (Stefan Massol, Interim Finance Director)]

NON VALOREM ASSESSMENT ROLE FOR THE CURLEW CANAL ASSESSMENT AREA.

DIRECTING CERTIFICATION OF THE ASSESSMENT ROLE TO THE COLLIER COUNTY TAX COLLECTOR AND PROVIDING THE EFFECTIVE DATE. OKAY.

THANK YOU, MR. MARSHALL. YEAH. AND SO THIS ONE ORIGINATED ON FEBRUARY 16TH OF 2022, AND THAT CURLEW CANAL ASSESSMENT AREA RELATED TO DREDGING ACTIVITIES WITHIN THE CURLEW CANAL ASSESSMENT AREA.

AND THE COSTS CAME TO, I GUESS, A CONTRACT AMOUNT OF $172,000.

AND THE NET FINAL COST APPLICABLE TO THE ASSESSMENT WAS NOT TO EXCEED $170,413.52.

THERE WERE 27 PARCELS ORIGINALLY AFFECTED BY THE AREA.

26 ACCOUNTS REMAINED ON THE ASSESSMENT ROLLS FOR 2526, TOTALING $14,783.60.

AND THIS REPRESENTS THE THIRD OF TEN ANNUAL ASSESSMENTS AS PRESCRIBED IN RESOLUTION 2022 14799.

AND IF YOU HAVE ANY OTHER QUESTIONS, I'D BE HAPPY TO ANSWER IS THE COMPLETE DREDGE.

IS THAT DREDGE EDGE COMPLETED FOR THIS AREA? NO, MA'AM, I DO NOT BELIEVE THAT IT IS.

THANK YOU, THANK YOU, THANK YOU, I WASN'T SURE.

OKAY. ANY OTHER QUESTIONS, COUNSEL? OKAY. DO I HAVE A MOTION? I'LL GO THIS ONE. I'LL MAKE A MOTION TO APPROVE THE 2526 NUNAVUT AD VALOREM ASSESSMENT ROLE FOR THE CURFEW CANAL ASSESSMENT AREA. MOTION BY COUNCILMAN KRAMER.

SECOND. SECOND BY COUNCILMAN CHRISTMANN. MADAM CLERK, PLEASE PULL THE COUNCIL.

[05:40:06]

YES. COUNCIL MEMBER. KRISEMAN. YES. COUNCIL MEMBER.

BARTON. YES. COUNCIL MEMBER. KRAMER. YES. COUNCIL MEMBER.

PETRONAS. YES. MAYOR. HEITMANN. YES. THANK YOU.

COUNCIL PASSES UNANIMOUSLY AND WE'LL MOVE TO 13 F, MR.

[13.F. A Resolution for the Purpose of Approving the Fiscal Year 2025-26 Non-Ad Valorem Assessment Roll for the Seagate Undergrounding Assessment Area; Directing Certification of the Assessment Roll to the Collier County Tax Collector; and Providing an Effective Date. (Stefan Massol, Interim Finance Director)]

NON AD VALOREM ASSESSMENT ROLE FOR THE SEAGATE UNDERGROUNDING ASSESSMENT AREA.

DIRECTING CERTIFICATION OF THE ASSESSMENT ROLE TO THE COLLIER COUNTY TAX COLLECTOR AND PROVIDING AN EFFECTIVE DATE. THANK YOU, MR. MARSHALL. YEP. OKAY. SO THIS ONE FOR SEAGATE ORIGINATED DECEMBER 15TH, 2021 AND RELATED TO UNDERGROUNDING OF CERTAIN ELECTRIC AND I BELIEVE LOW VOLTAGE AS WELL WIRING IN THE ASSESSMENT AREA.

AND IT'S COMPRISED OF CONDOMINIUM COMPLEXES ON NAPLES CAY.

THERE WERE TWO BENEFIT AREAS AND IT HAD TO DO WITH BENEFIT RELATED TO SIDE STREET IMPROVEMENTS.

SO THOSE TWO BENEFIT AREAS ARE SHOWN SEPARATELY.

SO THE THE TOTAL ASSESSMENT FOR BENEFIT AREA ONE WAS AND $34.29, WHICH ANNUALIZED CAME TO 362. 82 AND THEN BENEFIT AREA TWO. THE TOTAL ASSESSMENT WAS 4196 16, AND ANNUAL INSTALLMENT OF $718.62. THE TOTAL FOR THE 134 ACCOUNTS IN BENEFIT AREA ONE, THE AMOUNT DUE FOR FISCAL YEAR 2526, IS $31,997.86 FOR THE 39 ACCOUNTS FOR BENEFIT AREA TWO.

THE AMOUNT DUE FOR FISCAL YEAR 2526 IS $9,897.03, AND THE TOTAL AMOUNT DUE FOR FISCAL YEAR 2526 IS $41,894.89, AND THE DETAIL OF THE ASSESSMENTS PROPOSED FOR 2526 IS INCLUDED WITH THE RESOLUTION. THANK YOU SIR. QUESTIONS, COUNCIL.

DO I HAVE A MOTION TO APPROVE? I'LL MAKE A MOTION TO APPROVE THIS RESOLUTION APPROVING THE FISCAL YEAR 2526 NON AD VALOREM ASSESSMENT ROLE FOR THE C8 FOR THE SEAGATE UNDERGROUNDING ASSESSMENT AREA.

MOTION BY COUNCIL MEMBER KRISEMAN AND SECOND BY VICE MAYOR.

MADAM CLERK FOR THE COUNCIL. COUNCIL MEMBER. PENNIMAN.

YES. COUNCIL MEMBER. KRAMER. YES. VICE MAYOR.

HUTCHINSON. YES. COUNCIL MEMBER. KRISEMAN. YES.

COUNCIL MEMBER. BARTON. YES. COUNCIL MEMBER. PETROFF.

YES. AND MAYOR HEITMANN. YES. THANK YOU. AND, MADAM CLERK, IF YOU'LL PLEASE HAVE THE RECORD, REFLECT THAT ON 13, B, C, D, E, AND F, THERE WERE NO PUBLIC COMMENTS.

THANK YOU. ALL RIGHT. THANK YOU. THAT CONCLUDES OUR SPECIAL ASSESSMENTS.

THANK YOU, MR. MUSIL. THAT TAKES US TO 13 F, BUT IF WE COULD JUST TAKE A, I MEAN, 13 G IF WE COULD JUST TAKE A FIVE MINUTE BREAK. WE TURN TO 13.

THAT'S AN EASY ONE FOR YOU. OKAY, COUNCIL, WE'RE BACK FROM OUR SHORT BREAK AND OUR NEXT ITEMS ARE 13 G, 13 H. BUT WE AT THE BEGINNING SETTING THE AGENDA.

[13.H. Discussion of the 2026 State Legislative Priorities and Update on the 2025 Legislative Actions. (Gary Young, City Manager)]

MAYOR. SO THIS ITEM HERE IS TO DISCUSS THE 2026 STATE LEGISLATIVE PRIORITIES, WHAT WE WANT TO SUBMIT TO BOTH OUR REPRESENTATIVES AND OTHER STAKEHOLDERS, AS WELL AS OUR LOBBYISTS TO THAT WE HAVE A VESTED INTEREST IN. AND THE THESE ITEMS ARE DIVERSE.

AND SO I'M GOING TO I WAS THINKING ABOUT HOW TO INTRODUCE THIS AND I'LL LET MONIQUE CARRY MOST OF THE WATER.

BUT I JUST WANT TO LET YOU KNOW, AS FAR AS THE THE WAY WE'RE GOING TO GO THROUGH THIS IS FIRST IS TO TALK ABOUT APPROPRIATION REQUEST AS IT PERTAINS TO THOSE LEGISLATIVE ITEMS. THEN AS AND AS, YOU KNOW, THE PACKET INCLUDED A LETTER, AND MONIQUE WILL HANDLE ALL OF THAT.

AND THEN THERE'S A IN THE PACKET, INCLUDED A MEMO FROM THE CITY ATTORNEY AS IT REPRESENTS WHAT ACTIVITY OCCURRED THIS PAST YEAR.

NOW, THE VICE MAYOR FORESHADOWED A FEW THINGS EARLY IN IN THE WORKSHOP THE OTHER DAY OF SOME CONCERNS ABOUT WHAT'S GOING TO HAPPEN WITH PROPERTY TAXES AND DIFFERENT THINGS LIKE THAT. AND THAT WILL BE DISCUSSED A LITTLE BIT WITH MONIQUE,

[05:45:04]

SO WHAT I WANT TO DO ON BOTH THIS ITEM AND THE OTHER, I'M GOING TO BE THE PRAGMATIST ON THIS IS IN ONE HAND, WE'RE ASKING FOR SUPPORT. WE'RE ASKING BECAUSE WE HAVE THEIR THEY'RE THE STATE'S RESIDENTS AS WELL AS OUR RESIDENTS THAT WE NEED TO ASK FOR FINANCIAL SUPPORT TO HELP SUSTAIN RESILIENCY.

AND IN THE SAME TOKEN, WE'RE NOT VERY HAPPY WITH SOME OF THE THINGS THAT THEY PASSED ALONG TO US.

SO I JUST WANT TO SAY THOSE THINGS BECAUSE WE'RE GOING TO CONSISTENTLY BE HAVING THAT SAME DICHOTOMY OF PUSH AND PULL, AND THEY'RE GOING THROUGH THE SAME THING. SO I SAY THAT BECAUSE I'VE BEEN DOING THINGS FOR A LONG TIME, AND SOMETIMES YOU HAVE TO BE MEASURED. I TRUST ME, AND I DON'T SAY EVERYTHING THAT I FEEL, BUT BUT WE NEED TO BE DILIGENT AND I DON'T WANT TO SAY THIS.

EVERYTHING WE ASK FOR AND SAY SHOULD BE WITH PURPOSE AND UNDERSTANDING THAT THAT WE ARE GOING TO WORK TOGETHER WITH OUR STATE LEGISLATURE FOR MANY, MANY YEARS TO COME. AND IT IS A IT IS A NECESSITY AS WE TACKLE BOTH OF THESE ITEMS, THAT WE DO IT APPROPRIATELY.

SO I HOPE THAT'S NOT TOO MUCH POSTURING, BUT IT IS.

IT'S JUST A REMINDER OF IT IS A VERY FINE LINE.

WE WALK AND WHEN WE START TO TALK ABOUT THESE THINGS SOMETIMES.

SO THANK YOU VERY MUCH. AND WITH THAT I'LL TURN IT OVER TO MONIQUE.

GOOD AFTERNOON. HI. GOOD AFTERNOON, MONIQUE BARNHART, SIBERIA, YOUR COMMUNICATIONS MANAGER.

AND PIO I KNOW THAT WE'RE HERE EARLY, BUT THE 2026 LEGISLATIVE SESSION STARTS IN JANUARY OF 2026 DUE TO THE GENERAL ELECTION. AND COMMITTEE WEEKS HAVE ALREADY BEEN SCHEDULED, I BELIEVE, STARTING IN OCTOBER.

AND OUR COLLIER COUNTY DELEGATION MEETING IS SET FOR SEPTEMBER 15TH.

SO EVERY YEAR WE GIVE THEM A PACKET OF OUR LEGISLATIVE PRIORITIES WITH YOU KNOW, BILLS OR CONCERNS THAT WE HAVE AND THEN APPROPRIATION REQUESTS. SO AND AS YOU KNOW, FOR MANY YEARS NOW WITH OUR LOBBYIST SBM PARTNERS, AND PARTICULARLY LISA HURLEY. I WORK VERY CLOSELY WITH HER AND SHE WORKS VERY CLOSELY WITH THE LEGISLATURE ON HELPING US WITH THOSE. WE'VE BEEN BLESSED WITH MILLIONS OF DOLLARS FOR A LOT OF OUR PROJECTS.

SO THIS YEAR I'VE WORKED WITH BOB MIDDLETON AND GEORGE AND THEIR TEAM IN PUBLIC WORKS.

REGARDING SOME PROJECTS, THERE'S FOUR LISTED IN THE MEMO THAT I PROVIDED THE RAW WATER PRODUCTION, WELL, REPLACEMENTS. THERE'S TWO OF THEM. TOTAL PROJECT COSTS ARE 5 MILLION, BUT WE DO A 50% MATCH ON ALL OF OUR PROJECT FOR OUR APPROPRIATION REQUEST. AND THEN THE.

SO WE WOULD BE REQUESTING 2.5 MILLION TO REPLACE THOSE RAW WATER PRODUCTION WELLS AND THEN BASIN FOR STORMWATER AND CRITICAL INFRASTRUCTURE IMPROVEMENTS.

THAT'S AN ESTIMATED $60 MILLION PROJECT TO ADDRESS RESILIENCY CHALLENGES AND FLOODING.

AND IT'S OVER 4 TO 8 YEARS. SO THIS ONE, BOB AND GEORGE, WERE WE DISCUSSED AND WE WERE GOING TO ASK FOR 24,150,000. AND THEN THE NEXT PROJECT, COVE MASTER STORMWATER PUMP STATION IMPROVEMENTS. THE PUMP STATION IS 40 YEARS OLD AND NEEDING TO BE IMPROVED, HAVE INFRASTRUCTURE IMPROVEMENTS ON IT, AND THEY ARE REQUESTING $9 MILLION FOR THAT.

THAT'S 50% OF THAT PROJECT. AND WE'RE ALSO ASKING FOR THE RIVER PARK STORMWATER AND CRITICAL INFRASTRUCTURE IMPROVEMENTS. AGAIN, THIS IS SIMILAR TO WHEN WE ASKED FOR TWO YEARS AGO, HELPING TO UPGRADE THE ROADWAY AND REPLACE SOME STORMWATER SYSTEMS IN THE RIVER PARK EAST AREA. AND THAT APPROPRIATION REQUEST WOULD BE FOR $6 MILLION.

OKAY. THANK YOU. I HAVE COUNCIL MEMBER PENMAN.

YEAH. I MAY NOT HAVE TAKEN PROPER NOTES. MONIQUE.

I HAVE THE PUMP STATION AT 18 MILLION OVER FOUR YEARS.

THAT'S WHAT. YES. THAT YOU ARE CORRECT. OKAY, SO THAT IS IN THE NOTE THAT IT IS 18 MILLION OVER FOUR YEARS TO REBUILD THE PUMP STATION AND UPGRADE THE CONNECTING INFRASTRUCTURE.

AND OUR ASK IS GOING TO BE NINE. YES, MA'AM. OKAY.

ALL RIGHT. TERRIFIC. THANK YOU. COUNCIL MEMBER CHRISTMAN.

[05:50:04]

BUT, YOU KNOW, THEY DON'T DO IT THAT WAY. EVERY YEAR IS A NEW YEAR.

AND, YOU KNOW, I THINK I THINK IF YOU CAN GET IF YOU GET 10 MILLION FOR SOMETHING, I THINK IT'S A VERY UNUSUAL AND YOU KNOW, WE GOT SOME BIG MONEY FOR THE BEACH HOUSE PROJECT, BUT THERE WERE SOME EXTRAORDINARY CIRCUMSTANCES ASSOCIATED WITH THAT.

SO I JUST THINK. I JUST THINK WE NEED TO, YOU KNOW, THE NUMBER ONE AND NUMBER FOUR.

WELL, NUMBER ONE IS FINE, BUT I JUST THINK WE WE NEED TO, ESPECIALLY WITH NUMBER TWO AND EVEN NUMBER THREE AND FOUR, WE NEED TO GET MORE REALISTIC WITH OUR WITH WITH THE WITH OUR ASK IN TERMS OF THE AMOUNTS RECOMMENDATIONS.

WELL, I THINK I THINK WE NEED TO SAY WHAT'S THE MOST IMPORTANT THING ON THE LIST.

I AGREE. AND TO ME THAT'S BASED ON FOUR. BUT YOU KNOW, OTHERS MAY DISAGREE.

AND AND YOU KNOW, MAYBE WE WANT TO ASK A BIG DO A BIG ASK THERE.

I THINK THE BIGGEST I WOULD THINK ABOUT IS 10 MILLION.

AND THEN I WOULD, I WOULD RAMP DOWN THE COVE AND AND, YOU KNOW, RIVER PARK.

YOU KNOW, I THINK WE'RE GOING TO BE DOING, YOU KNOW, I JUST I DON'T I DON'T KNOW WHAT THAT WE'RE GOING TO BE DOING SOMETHING AT THE CRA MEETING FOR RIVER PARK. AND I JUST DON'T KNOW WHAT WHAT WHAT'S YOU KNOW, WHAT THAT PROJECT IS.

SO. AND WHAT THE NEED IS THERE ON TOP OF WHAT WE HOPEFULLY ARE GOING TO BE ABLE TO GET DONE.

OURSELVES. SO I BUT I THINK, I THINK RIVER PARK, BECAUSE OF SOME OF ITS UNIQUE CHARACTERISTICS, WOULD BE A GOOD THING TO INCLUDE IN HERE. I'M JUST NOT SURE WHAT THEY ASK IS, BUT I WOULD FIND A WAY FOR US TO PRIORITIZE THEM OR TIER THEM, NOT JUST IN TERMS OF THE AMOUNT, BUT IN TERMS OF THE LEVEL OF IMPORTANCE TO THE CITY.

I, I AGREE WITH YOU. EXCEPT FOR I WOULD SAY THAT I WOULD LET THEM KNOW THE CRITICAL NEEDS THAT WE HAVE. AND THEN PICK THE ONE WHICH I AGREE WITH YOU IS BASED ON FOUR.

TO FOCUS IN ON THAT APPROPRIATIONS REQUEST. SHOW THEM THAT WE'RE IN NEED, BUT ONLY ASK, YOU KNOW, FOR THE LARGER ONE. BUT I WOULDN'T, I WOULDN'T I WASN'T SAYING THAT I THINK WE SHOULD ASK FOR ALL OF THEM, BUT BUT REDUCE THE. YEAH, MR. CHRISMAN, AND I'M PART OF IT. ONE SECOND. I JUST WANT TO BE SURE YOU. I WAS CLEAR ON WHAT I WAS SAYING.

YES. YEAH. OKAY. OKAY. THANK YOU, MADAM CLERK.

MR. YOUNG, DID YOU HAVE SOMETHING TO FOLLOW UP ON THAT? I THINK THERE'S A COUPLE OF THINGS. OUR COMMUNICATION TO YOU TODAY WAS TO TO REMIND OF THE THE FIVE YEAR GRAVITY OF THE COMMUNICATION PART OF IT.

SO I TAKE MR. CHRISTENSEN'S POINT TO TO TA HEART WHAT I THINK, WHAT I WANT TO MAKE SURE WE'RE IN.

AND I'M GLAD THAT WE'RE HAVING THIS DISCUSSION BECAUSE THE FOUR YEAR PROCESS, IF YOU REMEMBER,

[05:55:04]

SO I THINK THAT REWRITING THE PARAGRAPHS TO SAY, CAN YOU ASSIST US IN THE 6 MILLION IN DESIGN THAT IS GOING TO LEAD TO THE 60 MILLION IN THE PROJECT, AND THAT MAY BE THE BEST WAY, BECAUSE WE WANT TO I THINK WE WANT TO KEEP THE COVE PUMP BECAUSE THAT ALSO AFFECTS BASIN FOUR.

I THINK IT I THINK WE WANT TO KEEP THAT ON THEIR RADAR.

BUT REMEMBER, WE HAVE A DESIGN PHASE OF THE COVE PUMP AS WELL.

SO I THINK IF WE BUT I THINK ALSO INCLUDING TO THEM THAT THIS IS IS THE DESIGN PHASE.

AND THAT WAY IT KIND OF SETS THE TABLE FOR COMING BACK FOR CONSTRUCTION PHASE CASE AND POINT IS THE FIVE 525,000 I BELIEVE THEY GAVE US, WHICH WAS A THIRD OF THE AMOUNT WE HAD ON THE 17TH AB.

WELL, WE'RE NOT GOING TO HAVE IT DESIGNED IN TIME FOR THIS. SO NEXT YEAR THE INTENT IS TO GO FOR A PORTION OF THAT CONSTRUCTION.

SO I TAKE THAT WHAT YOU RECOMMENDED THERE TO.

I THINK WE CAN DO A WE CAN MAYBE WANT TO PARE THAT BACK IN THAT WAY.

I JUST WANT TO COMPLETE THAT. I, I DO THINK RIVER PARK SHOULD BE IN A MAJOR ASK.

CAN I ALSO SAY ABOUT RIVER PARK? I THINK ONE OF THE THINGS WHEN YOU HAVE THE RESILIENCY PRESENTATION, SO IT'S A LITTLE BIT OF IS THIS IS KIND OF CART BEFORE THE HORSE, BECAUSE WE STILL HAVE THREE MORE CONVERSATIONS TO HAVE ON THIS RIVER PARK WILL GET EXPANDED A LITTLE IN IN THAT RESILIENCY DISCUSSION.

SO I AGREE IT NEEDS MORE BAKING OUT. BUT BUT LEAVING RIVER PARK IN I THINK IS AN IMPORTANT ELEMENT FOR THIS AS WELL.

ALL RIGHT. THANK YOU FOR THAT. ANY OTHER COMMENTS AS VICE MAYOR? YEP. SO AT THE BEGINNING OF THIS DISCUSSION, THE CITY MANAGER REFERENCED EFFORTS BY OUR STATE LEGISLATURE TO PLACE A BALLOT INITIATIVE THAT IS TARGETED FOR NOVEMBER OF 26.

ALL RIGHT. SO MY QUESTION IS, IS IT DO WE HAVE A CLEAR UNDERSTANDING OF WHETHER OR IF ANY OF THESE FUNDING REQUESTS TIE INTO OR ARE INFLUENCED BY THAT SEPARATE INITIATIVE, WHICH, IF APPROVED, WOULD LOWER OUR PROPERTY TAXES? OKAY. SO I THINK FROM A STRATEGIC POINT OF VIEW, WE NEED TO CLEARLY UNDERSTAND AND HOW IT TIES, OR IF IT TIES AT ALL, AND HOW THAT INFLUENCES THE DOLLAR AMOUNT ASKS THAT ARE TIED TO THESE FOUR PROJECTS.

SO THE ONLY THING I WOULD SAY, I'M JUST GOING TO KIND OF TOUCH ON THAT A LITTLE BIT.

BUT I BELIEVE THESE IN THE THESE MOST OF THESE WOULD BE DEEP FUNDING OR AND APPROPRIATE TO ANSWER A SHORT QUESTION.

APPROPRIATIONS CAN COME FROM ANYWHERE. RIGHT.

AND SO THE STATES, IF THEY SAY WE'RE GOING TO CUT SOMETHING TWO YEARS FROM NOW, WHICH IS WHEN IT WOULD BE, THAT DECISION WOULD BE MADE. BUT WE'VE GOT WE'VE GOT TO FOLLOW THAT ALONG.

I CAN'T SAY WHETHER A, A COMMITTEE THAT WAS JUST FORMED IS GOING TO COME BACK AND SAY, WE'RE NOT DOING ANY APPROPRIATIONS.

I DON'T KNOW WHAT THEY'RE GOING TO SAY, BUT I THINK FROM OUR WE'RE STICKING WITH OUR REQUESTS, WHICH ARE WATER AND WATER QUALITY AND RESILIENCY TYPE INFRASTRUCTURE ITEMS. AND I THINK WE MOVE FORWARD WITH THAT NOW AND MONIQUE WAS GOING TO TOUCH ON.

BUT I DO THINK WE HAVE TO HAVE A COMPONENT OF THIS THAT WE GIVE TO OUR LEGISLATORS.

IDENTIFYING THE ANSWERS TO THE QUESTIONS BEFORE THEY ASK IT.

AND MONIQUE IS IN, AND WE'VE LOOKED AT IT IN OTHER JURISDICTIONS AND HAD COMMUNICATIONS WITH LISA HURLEY AND SAID, LOOK, YOU KNOW, WE NEED TO IDENTIFY WHERE THOSE TAX DOLLARS ARE GOING AND WHAT VULNERABILITY YOU'RE PASSING ON TO THIS CITY.

SO WHEN THE LEGISLATORS IN THE COMMITTEE START TALKING ABOUT IF I DID AWAY WITH PROPERTY TAXES OR WHATEVER THAT COMMITTEE IS GOING TO DO, THEY'VE ALREADY GOT OUR TALKING POINTS IN HANDS.

SO I DON'T THINK YOU RESTRICT YOUR APPROPRIATIONS BASED ON WHAT MAY COME OUT OF THE COMMITTEE THAT ENDS UP IN A VOTE IN 27.

THAT'S GOING TO GO IN 28. BUT I DO THINK WE NEED TO BEGIN COMMUNICATING IMMEDIATELY WITH OUR LEGISLATORS, OUR RELIANCE UPON PROPERTY TAX AND THE DEVASTATION.

AND AGAIN, MR. CHRISTMAN SAID, I THINK ON MONDAY, OF THE POPULATIONS, OVER 5000 WERE IN THE TOP TWO OR TOP SEVEN, WHATEVER THAT IS AS FAR AS LOWEST RATE. SO IF YOU'RE BEING GOOD STEWARDS AND YOU'RE DOING THOSE THINGS,

[06:00:03]

WELL, AS WE'RE NOT GOING TO DEPEND ON THOSE FOR THIS AS OF THIS MOMENT IN TIME.

YOU HAVE TO REMEMBER. LET'S JUST BE HONEST. AND WE HAD THIS CONVERSATION ON MONDAY IS OF THIS AMOUNT.

WE SET ASIDE $6.5 MILLION FOR DESIGN. WE STILL HAVE NEEDS THAT GO OUT SIX, YOU KNOW, 65 MILLION THAT WE'RE GOING TO TALK ABOUT IN TWO YEARS ONCE WE DESIGN IT. BUT WE HAVE TO HAVE CONVERSATIONS IN OCTOBER AND NOVEMBER.

HOW IS OUR INTENT? WHAT IS OUR INTENT? NOW THAT GOES BACK TO THE CONVERSATION AS TO SHOULD WE DO? IS IT SMART TO GO REFERENDUM AND TRY TO GET IT ON PROPERTY TAXES, THAT THEY MAY TURN AROUND AND TAKE IT AWAY FROM? OR IS IT BETTER TO LOOK AT USER FEES, SUCH AS THE STORMWATER, WHEN YOU'RE TALKING ABOUT OUR STORMWATER SYSTEM? SO THAT'S THE KIND OF CONVERSATION. SO WHEN WE CAN AND AVOID THE PROPERTY TAX PART OF IT, WE SHOULD DO IT AT ALL COST.

AND RIGHT NOW THE PLAN THERE'S NOTHING OF THESE THAT HAVE ANY PLANS ON THE PROPERTY TAXES? ASIDE FROM AND POTENTIALLY A CONTRIBUTION FROM THE CRA PORTION AS IT PERTAINS TO RIVER PARK AT SOME POINT, SHOULD WE GO DOWN THAT PATH? WELL, THEN I FEEL MUCH BETTER FOR COUNCIL IF WE CAN SEPARATE, WHICH I JUST ASKED THAT QUESTION, SEPARATING THAT CONVERSATION IN OUR CONCERNS ABOUT A REDUCTION IN PROPERTY TAXES, BECAUSE THAT SEEMS TO BE WHAT'S BEING PUSHED FORWARD AND WILL THINGS CAN CHANGE A LOT.

BUT I FEEL MUCH BETTER ABOUT THAT DISCUSSION.

AND THEN OUR PRIORITIZATION ON HOW WE APPROACH THESE LEGISLATIVE PRIORITIES. SO THANK YOU FOR THAT. THANK YOU, MADAM MAYOR.

THANK YOU. ANY OTHER COMMENTS? GUIDANCE MOVING FORWARD? IF WE AGREE WITH THAT, I THINK YOU WILL USE THE MODIFIED APPROACH AND THE ONES THAT ARE JUST DESIGNED. ONLY WE'LL GO GO WITH THAT WHILE DENOTING TO THEM THAT'S A MULTI-PHASE APPROACH TO THIS AND THAT'LL PAIR THAT DOWN, KEEPING THE BIGGEST EMPHASIS ON THE RIVER PARK COMMUNITY.

AND THEN MONIQUE AND I WILL PUT TOGETHER WHAT WE BELIEVE WE SHOULD PASS ON INFORMATION TO THE LEGISLATORS.

SO THEY HAVE AND YOU HAVE A TALKING POINTS PAPER IN YOUR HAND.

YOU KNOW HOW MUCH WE'RE WE'RE COLLECTING IN PROPERTY TAXES.

WHAT IT'S BEEN OVER A TEN YEAR PERIOD, WHAT WE USE IT FOR.

AND JUST MAKE SURE THAT EVERYBODY IS INFORMED WHEN THEY GET OUR PACKET.

SO. MADAM MAYOR, IF I COULD JUST A FOLLOW UP QUESTION TO THAT.

THE THE ITEM ONE, TWO, THREE AND FOUR YOU MENTIONED THE DESIGN ASPECT OF A PROJECT. AND ON ITEM ONE, I THINK WHAT'S BEING SAID THERE IS ALTHOUGH 5 MILLION IS TOTAL FUNDING.

BUT THERE'S A DESIGN. IT BRINGS IT ON DOWN TO 2.5 MILLION.

THE HALF HALF OF THAT 5 MILLION. IS THAT THE DESIGN PHASE OR IS THE DESIGN PHASE EVEN LESS THAN.

YEAH. LET ME JUST SAY THIS. THE RAW WATER IS READY TO GO.

SO THE 5 MILLION COULD STAY. WE CAN. IF YOU AGREE THAT YOU HAVE A PROJECT THAT'S READY BECAUSE WE DO TWO RAW WATER EACH YEAR OKAY.

AND THAT'S WHAT WE'VE BEEN DOING. SO THOSE WE'RE IN GOOD SHAPE THAT THAT CAN BE THE NEXT ASK AND LEAVE THAT STATUS QUO.

THE OTHER ONE I WOULD SAY WOULD WE WOULD BE REDUCING IS TO 10% OF THE ESTIMATED CONSTRUCTION AND NOW WOULD GO DOWN TO 6 MILLION BASE IN FOUR.

YES, 6 MILLION AS A PORTION OF THE DESIGN ASPECT, WHILE LETTING THEM KNOW THAT THE OVERALL PROJECT ANTICIPATED COST IS THAT AND THAT'S NORMAL FOR THE CONSTRUCTION WORLD. 10% IS DESIGN OF THE TOTAL PROJECT.

AND WE ALREADY KNOW BY OUR BASIN AN ASSESSMENT THAT WE'RE NOT TALKING ABOUT THEORETICAL PROJECTS.

WE'VE ALREADY GOT THEM, YOU KNOW, ALREADY STIPULATED.

SO AND THEN THE COVE PUMP IS SOMETHING AND WE KNOW WE COVERED IT IN THE CIP.

IT'S ANOTHER ONE THAT'S GOING TO UNDERGO DESIGN. NOW THAT WILL PROBABLY BE ONLY ABOUT 01,000,007.

AND THE DESIGN PART IF I REMEMBER CORRECTLY, IS IF IT'S 18 MILLION OR 10%, IT'S A MILLION, 07,000,008. SO I THINK WE'D BE ASKING FOR HALF OF THAT WHILE FORESHADOWING.

SO THAT LEAVES YOU THE PUMPS, THE WELLS THAT ARE READY DESIGN ON ON ON BASE AND IMPLEMENTATION AND DESIGN ON THE

[06:05:10]

THAT WOULD BE, TO BE CLEAR, LEAVING IT AT WHAT LEVEL? THAT THAT LEVEL OF THE ASK. OKAY. IF WE WANT TO BE IF WE WANT BECAUSE AGAIN, WE CAN DO THE SAME THING THERE. I'M JUST NOT SURE IF YOU REMEMBER THE IMPLEMENTATION PART.

THERE WAS A NUMBER OF SMALLER PROJECTS THAT WE COULD PICK OFF ALONG THE WAY, AND IF WE CAN GET FUNDING FOR THOSE.

SO THAT WOULD BE THE ONLY ONE THAT I DON'T WANT TO GIVE A DEFINITIVE NUMBER TO UNTIL I'VE SAT BACK IN A ROOM WITH WITH GEORGE AND AND BOB AND SO. KRISTEN. YEAH, I JUST WAS FOUND THIS DATA THAT I HAD BROUGHT TO THE MEETING.

SO, YOU KNOW, THE STATE IN TERMS OF THESE SPECIAL APPROPRIATIONS, WHATEVER YOU WANT TO CALL THEM, THERE WAS 560 MILLION OF IT IN THE LAST BUDGET.

STATEWIDE. SOUTHWEST FLORIDA, 87 MILLION. COLLIER COUNTY GOT 12 MILLION FOR VARIOUS PROJECTS.

PUMP STATION IMPROVEMENTS, COURTHOUSE ANNEX UPGRADE.

LEE COUNTY, 8.5 MILLION. AND OF COURSE, WE GOT ABOUT 5 MILLION.

SO, YOU KNOW, I DON'T WANT US TO BE I'M NOT URGING THAT WE BE, YOU KNOW, TWO.

YOU KNOW, MODEST IN OUR IN OUR REQUEST. BUT THIS GIVES YOU AN IDEA, AT LEAST IN THE LAST SESSION, THE MAGNITUDE OF MONEY THAT WENT OUT. AND SO AND OF COURSE, WHATEVER YOU ASK WHERE THEY'RE GOING TO CUT BACK A LITTLE BIT.

SO YOU, YOU KNOW, YOU'RE GOING TO ASK FOR MORE THAN YOU'RE GOING TO GET, BUT IT JUST GIVES YOU ANOTHER FRAME OF REFERENCE FOR WHAT THE TOTAL ASK COULD BE.

THAT WOULD BE YOU WANT TO BE AGGRESSIVE BUT NOT GREEDY.

SURE. YEAH. AND IF IF WE WERE HAVING AN HONEST CONVERSATION OF OUR OWN FUND BALANCES IN OUR OWN THE STATE OF OUR OWN FACILITIES, YOU WOULD SAY THAT THE WATER FUND IS MUCH HEALTHIER THAN THE STORMWATER FUND.

AND IF YOU WERE GOING TO CUT ONE, WE'VE BEEN DOING OUR OWN WELL REPAIRS.

YOU KNOW, I'LL DEFER TO YOU AS TO WHETHER YOU THINK THIS REQUEST IS TOO AGGRESSIVE OR NOT, BUT FROM A PURE CITY FINANCIAL STANDPOINT, WHERE IS OUR CHECKBOOK? THE HEALTHIEST AND WHAT ARE THE THINGS? ARE WE ALREADY TAKEN CARE OF WITHOUT HAVING THE EFFECTS OF STORM SURGE AND OTHER TYPE ITEMS? IT IS THE WELL THAT I WOULD GET RID OF OUT OF HERE AND LEAVE THE OTHER ONES THAT ARE RESILIENCY, STORMWATER AND INFRASTRUCTURE RELATED. BECAUSE WE'VE BEEN SUPPORTING OUR OWN WATER SYSTEM FOR 50 YEARS OR LONGER.

SO I'M JUST SAYING THAT. BUT I'LL DEFER AS TO WHETHER YOU THINK THE REQUEST IS BEING OVERLY AGGRESSIVE OR GO WITH IT AS IS AND SEE WHAT HAPPENS.

I MEAN, WITH THE MODIFICATIONS THAT I REFERENCED.

MY OWN VIEW IS, I THINK WHAT YOU SAID SEEMS TO BE ON THE RIGHT TRACK, AND IT'S LIKE EVERYTHING ELSE, SEEING ANOTHER DRAFT WITH THE NUMBERS ON A PIECE OF PAPER.

WELL, OKAY. YOU KNOW, I THINK WE WOULD I WOULD URGE THAT WE GET TO SEE THAT ONE MORE TIME.

ABSOLUTELY. YEAH, YEAH. AND IT'LL ACTUALLY BE ON BECAUSE WE HAVE TO DO THAT.

AND THEN WE ALSO HAVE TO PUT IT IN RESOLUTION FORM.

AND THEN WE BRING IT TO YOU ON SEPTEMBER 3RD.

OKAY. YES. CRAMER. I WOULD ALSO SUBMIT THAT BEFORE WE GET THAT NEXT DRAFT THAT SOMEBODY CALLS KATHLEEN PASADENA, FOR EXAMPLE. AND THE PEOPLE THAT ARE UP THERE WITH THE INNER WORKINGS OF IT AND FIND THIS, HAVE HER WAY IN SAY WHAT'S GOT THE BEST SHOT.

AND MONIQUE WILL TELL YOU THAT SHE'S HAD SHE'S HAD CONVERSATIONS AND AND I'LL LET MY LEAGUE SPEAK FIRST.

YEAH. OH I DO HAVE SEVERAL CONVERSATIONS WITH LISA HURLEY, WHO IS UP THERE IN TALLAHASSEE TALKING ABOUT TALKING TO LISA WITH RESPECT.

WELL, SHE HAS THE DIRECT CONNECTION WITH FORMER SENATE PRESIDENT KATHLEEN PASTOR DOMO AND REPRESENTATIVE BENNY ROACH AND HAS THAT INFORMATION THAT SHE GIVES US TO. YOU KNOW, SHE, SHE MENTIONED, YOU KNOW, RESILIENCY, HARDENING.

THOSE ARE THE THINGS THAT REALLY THEY'RE LOOKING AT MORE SO THAN OTHER PROJECTS.

I JUST THINK I CAN TELL YOU THIS. HAVING SPOKEN WITH KATHLEEN, IF WE'LL GET TO HER RIGHT NOW, RIGHT IN THE FRONT END IS WE'RE PLANNING THIS.

IT WILL BE MUCH MORE FRUITFUL THAN IF AT THE END OF IT.

LIKE THIS. LAST YEAR WE ASK HER AND SHE TRIES TO ASK FOR MORE APPROPRIATIONS WHEN IT'S LATE AND I.

YEAH, I THINK IT'S APPROPRIATE BECAUSE THEY'RE DOING WHAT THEY NEED TO DO, THAT EACH ONE OF US CAN DO THAT.

I THINK YOU SHOULD. OKAY. I MEAN, WE WILL DO WE CAN DO IT.

AND, YOU KNOW, A COLLABORATIVE LETTER ALSO. I MEAN, THERE'S NOTHING PREVENTS US FROM HAVING ONCE WE GET THERE.

[06:10:04]

WELL, NOW WE'RE DOING IT. NOW, YOU KNOW WHAT I MEAN? LIKE, LET'S FIGURE OUT WHAT WHAT HAVE YOU GOT BETTER ODDS WITH UP FRONT? AND SHE MAY OR MAY NOT KNOW, BUT IF SOMEBODY'S GOING TO KNOW THAT, SHE'S GOING TO KNOW.

COACH, HOW ARE YOU? HOW WAS YOUR PLAN ON APPROACHING OR A PHONE CALL OR JUST YOUR CALL? I'D BE GLAD TO WRITE A LETTER OR LETTER. WHATEVER.

I THINK IT'S BETTER TO GET FACE TO FACE. SO HERE'S WHAT WE'RE THINKING ABOUT. WHAT DO YOU THINK? HOW SHOULD THIS COME FORWARD? SO TO SUPPORT WHAT COUNCILMAN KRAMER SAYING. AND I THINK ALL OF US ARE SAYING LET'S DO IT.

WE WOULD BENEFIT FROM BEING ON THE SAME PAGE.

SO WE'RE GETTING CLOSE. BUT I DON'T FEEL LIKE I'M WALKING AWAY RIGHT NOW.

IF I WERE TO CONTACT. SENATOR, PASTOR DOMO AND OUR OTHER REPRESENTATIVES, I'M NOT SURE I'D KNOW EXACTLY WHAT I'M ASKING FOR.

AND THAT'S WHERE I'D LIKE TO BE. BUT SEE, I IF IF SHE WERE IN TOWN AND I'M WALKING HER DOG, WHEN I WOULD SEE HER WALK, I'D JUST TELL HER WE'RE STILL LOOKING FOR RESILIENCY.

IT'S SIMPLE. IT'S BEING RELATED. AND WE'RE GOING TO FOLLOW UP WITH FORMAL ASK JUST TO PLANT THE SEED.

YEAH. AND I, I'VE NEVER MET HER, BUT I CERTAINLY, YOU KNOW, HAVE I HAVE NO PROBLEM REACHING OUT AND IF I COULD POSSIBLY GET WITH HER, BUT I DON'T THINK MY INFLUENCE WOULD BE AS MUCH AS YOURS.

BUT I WOULD BE MORE THAN HAPPY TO RUN ANYTHING. PASTOR.

BUT AGAIN, WHEN I MY INTENT, AS WE INDICATED, IS TO MAKE SURE THAT WHEN WE GET OUT OF HERE THAT WE WRITE IT, WE DISSEMINATE IT TO YOU. THE PROBLEM WITH THE LETTER AND GETTING IT TO HER AND GETTING IT. WE'RE GOING TO PUBLISH TO DO A RESOLUTION BY SEPTEMBER 3RD, AND THAT'S THE ONLY REASON. SO I'LL DO WHAT I CAN TO REACH OUT, AND WE'LL TRY TO HAVE ALL THE INFORMATION TO YOU.

YOU KNOW, BY END OF DAY FRIDAY, I'LL DO MY BEST.

IT MAY BE MONDAY AT THE LATEST, BUT AT LEAST YOU HAVE IT IN ADVANCE OF THAT MEETING, SO.

AND CAN GIVE US FEEDBACK. AND IF YOU HAVE AN OPPORTUNITY TO HAVE A CONVERSATION, THAT WOULD BE GREAT.

GARY, IF YOU CAN BASED ON ALL THE CONVERSATION THAT WE'VE JUST HAD DO YOU KNOW THE NUMBER THAT WE'RE SHOOTING FOR, FOR EACH ONE OF THESE PROJECTS RIGHT NOW? YEAH, I GAVE YOU THE ONES OFF THE TOP OF MY HEAD, BUT I'D RATHER DISSEMINATE IT. I'M GOING TO PUT THE TWO.

I WANT TO TAKE THEM OFFICIALLY OFF OF OUR SHIP.

PUT THEM IN THERE. EXACTLY. SO THAT BECAUSE WE DON'T, WE DON'T WANT A HYPOTHETICAL AND I, I KNOW IT'S 6.5 MILLION. WHAT WE DID IT SAID ON DESIGN THERE.

AND I CAN SAY CERTAIN THINGS I'M NOT GOING TO SAY TO RECITE FOR YOU TO CARRY OUT, YOU KNOW, OUT OF THERE. SO WE'LL HAVE OFFICIAL. I WILL GET YOU THAT BY MONDAY IS WHAT I SAID ON MONDAY.

THANK YOU. I'M GOOD. AND INCLUDING HOW WE'RE SPENDING OUR.

BECAUSE THAT'S AN IMPORTANT COMPONENT. HOW WE'RE SPENDING THE PROPERTY TAX DOLLARS.

I WANT YOU ARMED WITH THAT INFORMATION AS SOONER RATHER THAN LATER ON THIS CONVERSATION, BECAUSE WHILE IT IS EARLY IN THE CONVERSATION IT IS IT'S IT'S A VERY IMPORTANT ONE TO BE HAD BECAUSE ALL BETS ARE OFF IN THIS COMMUNITY.

YOU SAW THAT IN THE LAST BUDGET SEQUENCE, AND MONIQUE IS THE ONE THAT SHE HAD SAID, YOU KNOW, THAT IT WAS THAT THIS THIS ITEM THAT WAS PREPARED.

ONE OF THE THE THE ITEMS ON THERE IS HOW WE SPEND THE DOLLAR.

RIGHT. AND IT'S A IT'S IN THE BROCHURE. SOME OF THE STUFF'S EXACTLY WHAT WE HAVE IN OUR BUDGET.

WE JUST WANT TO PUT IT IN A CONDENSED THREE PAGE, TWO PAGE VERSION THAT YOUR TALKING POINTS AND OUR LEGISLATORS KNOW WHERE WE STAND ON THAT ITEM. SO AGAIN, TO BE CLEAR, MONDAY, WE'RE GOING TO HAVE SOME FINANCIAL DIRECTION ON THESE FOUR LEGISLATIVE PRIORITIES. AND THE ASK AND WHAT I THINK I HEARD YOU SAY IS SOME ANALYSIS OR DISCUSSION RELATED TO HOW PROPERTY TAXES PLAY INTO THE THINGS THAT WE DO FOR OUR RESIDENTS.

YEAH. I'M BASICALLY GOING TO RECAP THE GENERAL FUND BUDGET FOR YOU OVER THE LAST 5 TO 10 YEARS, SHOW YOU EXACTLY WHAT OUR RATES HAVE BEEN, WHAT WE SPENT THE MONEY ON.

IT'LL BE BROKE DOWN TO EMERGENCY EMERGENCY SERVICES.

YOU KNOW, ALL OF THE THINGS THAT WE TALK ABOUT THAT WE SET UP ON THE DISCUSSION IN OUR WORKSHOP ON MONDAY.

THANK YOU. THANK YOU. THANK YOU. AND THEN MONIQUE, I AND MR. YOUNG. I THINK GOING TO THE ADMINISTRATIVE SUPPORT REQUEST.

I DON'T SEE ANY CHANGES TO THAT UNLESS YOU ARE THINKING THERE NEEDS TO BE ANY CHANGES FOR THAT.

I MEAN, I THINK THE ORDER. WELL, MAYBE. WELL, I THINK THE ORDER IS GOOD.

I JUST HAVE ONE QUESTION BEFORE WE MOVE ON TO.

OKAY. THAT I SAW HEADS NOD WHEN GARY SAID REMOVE THE RAW WATER.

WELL, BUT ARE WE REMOVING THAT OR KEEPING THAT IN THE FOR.

I DON'T KNOW IF THAT'S WHAT I THOUGHT THAT. WHAT I WOULD LIKE TO DO IS I'M GOING TO LEAVE IT WRITTEN IN THERE, BUT I WOULD LIKE TO AND DISSEMINATE IT ON MONDAY.

[06:15:02]

WE CAN ALWAYS MAKE A DECISION. AFTER THAT. WE DON'T PUBLISH TILL WEDNESDAY.

SO IF WE GET SOME IMMEDIATE FEEDBACK, GREAT. IF NOT, WE COULD ALWAYS INCLUDE IT AND STRIKE IT ON THE THIRD.

OH, OKAY. AND JUST TO BE A LITTLE BIT MORE SIMPLE I THINK THE INFORMATION THAT MONIQUE IS GETTING FROM LISA HURLEY IS ACCURATE. WHAT WE NEED TO DO IS ADVOCACY, AND ADVOCACY IS PLANT THE SEED.

YOU KNOW, DETAILS ARE GOING TO COME. I MEAN, THEY'RE NOT EVEN GOING IN UNTIL OCTOBER, BUT IT WILL BE PREPARED TO GIVE IT TO THEM AS SOON AS YOU'RE READY. BUT FOLLOW ME. YES, MA'AM.

SEPTEMBER I GUESS THIRD. YEAH. OKAY. DOES THAT MAKE SENSE? KRAMER. NO, I DON'T KNOW WHAT INFORMATION LISA IS GIVING ME.

DO YOU WANT TO SAY WHAT? WHEN YOU SPOKE WITH HER, I HEARD YOU SAY IT.

MAYBE IN REGARDS TO APPROPRIATION REQUEST, WHAT THEY WERE LOOKING AT WOULD BE RESILIENCY AND HARDENING AND HARDENING, WHICH WOULD PRECLUDE THAT. BUT I CAN I CAN FOLLOW UP WITH HER.

IF YOU CAN CONNECT WITH SENATOR MO'S OFFICE. WE WILL.

SO I'LL CIRCLE BACK WITH THAT. AND, GARY, YOU UNDERSTAND? OKAY. I'M SORRY. DID I ANSWER YOUR QUESTION, THEN? YES. OKAY. ALL RIGHT. IS THERE A SEPARATE STRATEGY FOR GOING AFTER FEDERAL DOLLARS? WELL, ONE OF THE THINGS WE FOUND OUT, THE FEDERAL DOLLARS ARE, FIRST OF ALL, 90% THAT WERE THERE ARE EVAPORATING.

BUT THE OTHER PART OF IT, RESILIENCY, EVEN WHEN WE HAD THE RESILIENCY SEMINAR THAT THAT WAS HOSTED, I THINK MR. CHRISMAN HAD HAD HAD WE HAD PEOPLE IN AND WE HAD THE CONVERSATIONS, EVEN THE REPRESENTATIVES THAT WAS WITH US THERE SAID IN ALL REALITY, THE STATE DOESN'T DO A TON OF RESILIENCY THING IF YOU'RE NOT GETTING IT THROUGH THE ARMY CORPS OF ENGINEERS.

AND AS YOU KNOW WHERE THAT STANDS AT THE MOMENT, YOU'RE NOT REALLY GETTING RESILIENCY DOLLARS.

SO YOU KNOW, AGAIN, WE'RE NOT DONE EXPLORING IT.

I THINK THAT'S PART OF THE WHOLE RESILIENCY PRESENTATION WE'RE GOING TO HAVE. WE NEED TO WE NEED TO REENGAGE FEDERAL PARTNERS ACROSS THE AND STATE PARTNERS ACROSS THE BOARD.

BUT FROM EVERYTHING I'VE HEARD SO FAR IS FEDERAL DOLLARS ON ON STORM WATER AND RESILIENCY EFFORTS ARE LIMITED.

THANK YOU. COUNCILMAN CHRISTMAN. SO WE HAD WE HAD MOVED TO THE LEGISLATIVE AND ADMINISTRATIVE SUPPORT REQUEST THERE AT ONE POINT.

ARE WE ARE WE ON THAT AS A TOPIC AS LONG AS MONIES? YES. YEAH. AND THE COMMENT I WAS GOING TO MAKE THERE IS THAT YOU KNOW, SORT OF EVERY YEAR IN RECENT YEARS WE, WE MAKE SOME IN ADDITION TO OUR SPECIFIC APPROPRIATIONS REQUESTS.

WE MAKE SOME GENERAL STATEMENTS REALLY AROUND YOU KNOW, YOU KNOW, DON'T TAKE AWAY HOME RULE, YOU KNOW, CELL PHONES OR CELL TOWERS AND, AND PROPERTY INSURANCE REFORM AND SO ON.

VERY GENERAL ADVOCATE, YOU KNOW, AS TO WHAT OUR POSITION IS AND CERTAINLY HAVE NO PROBLEM IF WE WANT TO DO THAT AGAIN.

BUT BUT I THINK THERE ARE TWO ISSUES THIS YEAR THAT ARE MORE SPECIFIC AND SORT OF, YOU KNOW, NEED TO BE MORE FRONT AND CENTER IN THIS SECTION OF OUR LEGISLATIVE PLATFORM THAN, THAN THAN ANYTHING BEFORE. AND ONE DOES RELATE TO THE POTENTIAL FOR SO-CALLED PROPERTY TAX REFORM, AND TO HAVE A STATEMENT AS TO WHAT IT IS THAT WE OUR POSITION IS ON THAT UNDERSTANDING THAT THERE IS NOT A SPECIFIC PROPOSAL TO REACT TO AT THIS POINT, BUT TO SAY SOMETHING TO THE EFFECT THAT, YOU KNOW, OUR, OUR, OUR, OUR POSITION IS THAT ANY PROPOSAL, ANY EFFORT TO TO ACHIEVE PROPERTY TAX REFORM DOES NOT NEGATIVELY IMPACT THE THE ESSENTIAL REVENUES THAT WE GENERATE FROM THE PROPERTY TAX, WHICH SUPPORTS OUR PUBLIC SAFETY, QUALITY OF LIFE EFFORTS HERE IN NAPLES.

AND, AND I'M SURE THE SAME IS TRUE IN MANY OTHER COMMUNITIES.

SO THAT'S, THAT'S ONE THING TO SORT OF PUT FRONT AND CENTER, IT SEEMS TO ME.

AND THEN THE OTHER AND WE'RE GOING TO TALK ABOUT THIS IN MORE DETAIL IN A MOMENT, I GUESS A LITTLE BIT IS HOUSE BILL ONE EIGHT.

[06:20:04]

YOU KNOW, WE WANT TO YOU KNOW, STORM RECOVERY REGULATIONS BY AMENDING RESTRICTIONS AND SENATE BILL 250 IMPACTING POST-HURRICANE BUILDING AND LAND USE AUTHORITY. YOU KNOW, BY THE TIME THE THE NEXT LEGISLATIVE SESSION IS OVER IN MARCH, YOU KNOW, WILL BE SIX MONTHS OR LESS AWAY FROM THE EXPIRATION OF SENATE BILL 250.

I MEAN, MAYBE, MAYBE YOU KNOW OTHERS CAN THINK I'M OFF BASE WITH THEM ABOUT TO SAY.

BUT, YOU KNOW, SENATE BILL 250 IS IS IS OLD NEWS AT THIS POINT.

ALMOST YOU KNOW, SENATE BILL 250, HOUSE BILL, H.R.

ONE, SEE WHAT'S WHAT'S CURRENT IS SENATE BILL 180.

RIGHT. SO THAT'S WHAT WE WANT TO BE FOCUSING ON.

I KNOW WE'RE GOING TO TALK ABOUT THAT AND WHAT'S OUR STRATEGY.

AND IT'S A VERY AS GARY SAID A FEW MOMENTS AGO, IT'S A VERY, IN MY OPINION COMPLEX DISCUSSION ABOUT WHAT OUR STRATEGY SHOULD BE, BECAUSE IT'S A VERY NUANCED KIND OF A THING.

BUT TO ME, THE TWO BIG NON APPROPRIATION ISSUES STARING US IN THE FACE ARE THE PROPERTY TAX ISSUE.

AND THEN THE SENATE BILL 180 IN MY OPINION. SO HOW YOU YOU KNOW IF IF WE AGREE YOU KNOW HOW YOU POSITION THOSE IN WHATEVER OUR APPROPRIATION, WHATEVER OUR LEGISLATIVE REQUEST IS TO SAY THAT IN A WAY THAT'S NOT A NOT NOT OFFENSIVE, NOT, NOT, NOT CONTENTIOUS OR, YOU KNOW, PICKING A FIGHT, BUT MAKES CLEAR WHAT WE THINK, YOU KNOW, NEED TO HAVE HAPPEN. YEAH. AND I THINK THIS MAY THIS MAY BE A GOOD TIME BECAUSE THE REASON WE LEFT THEM IN THERE AND SAID THAT YOU'D RECEIVE THE RECAP ON THEM AND BECAUSE SOME OF THOSE SAME ITEMS WERE HIT IN WHAT MR. MCCONNELL IS GOING TO GO THROUGH AND THE IMPACTS, AS MR. KRISEMAN SAID, NOW WE HAVE TO WORRY ABOUT 180 PICKING UP WHERE 250 LEFT OFF.

AND SO AT THE END OF THE DAY I THINK IT'D PROBABLY BE A GOOD TIME FOR MR. MCCONNELL, MAYBE TO MAKE HIS REMARKS AND THEN SAY, OKAY, AFTER THAT.

AND THE IMPACTS OF WHAT HAS OCCURRED THIS YEAR.

AND AND I AGREE WITH MR. CHRISTMAN IN THE PROPERTY TAXES IS DEFINITELY GOING TO BE ONE.

SB 180 IS GOING TO BE ANOTHER. AND THEN JUST SEE WHAT ELSE.

WHAT WE WANT IS OUR MAIN FOCUS. WE DON'T NEED TO HAVE SEVEN ITEMS. IT MAY BE ONLY THREE, BUT LET'S SEE WHAT THAT CONVERSATION DOES AND WHAT GOT AFFECTED THIS YEAR, BECAUSE I THINK WE MAY WANT TO ALSO EVENTUALLY HAVE SOME A POSITIVE STATEMENT ABOUT CRAS THAT ACCOMPANIES THIS AND IT BE ITS OWN TOPIC ITEM GIVEN HOW MUCH IT WAS UNDER FIRE IN THE LAST YEAR.

SO I THINK BOTH PROPERTY TAXES AND CRA WOULD BE A BENEFIT TO HAVE ON THERE AS WELL.

SO YES, CRAMER, I APPRECIATE EVERYTHING YOU SAID, RAY, AND I AM WITH YOU.

I THINK THE KIND OF THE SAME THINGS THAT'S THROWN IT OUT THERE, THIS THIS IS A VERY RECENT CONVERSATION.

THIS GOES BACK TO SENATOR PASSA DOMO. SHE TOLD ME THAT SHE HAS HEARD THAT FROM THIS DAIS.

FOLKS HAVE SAID THAT THEY'VE WROTE THE STATE, COMMUNICATED WITH THE STATE REGARDING SB 250.

WHEN ALL THAT WAS GOING ON. SHE SAID NO ONE FROM HERE HAS EVER CONTACTED HER.

AND THAT SHOCKED ME. LIKE, WHO ELSE ARE WE GOING TO TALK TO? THAT'S WHY WHEN, WITH ALL RESPECT, MISS HURLEY, LIKE IF WE GOT BEEF WITH SB 250, WELL, WE DON'T TALK TO HER, I DID. I SAID IT RIGHT LAST YEAR. SHE TOLD ME NO ONE FROM HERE CONTACTED HER.

I SAID IT RIGHT IN THE PUBLIC MEETING. I DON'T MEAN THAT. I'M TALKING ABOUT PICKING UP THE PHONE AND SAYING, HERE'S OUR ISSUE LAST WEEK. TALK US THROUGH IT. TELL US HOW.

HOW CAN WE GET HOW CAN WE MASSAGE US? HOW CAN WE MANAGE IT ON A POLITICAL SCALE? AND SO I'M ONLY SAYING THAT SO THAT WITH THIS NEXT BILL, LIKE YOU'RE SAYING, RAY, I THINK AGAIN, IT'S A CONTACT POINT. I MEAN, THERE'S THE DIFFERENCE BETWEEN THE TWO, I THINK IS I THINK SB 250 ACTUALLY HAD MORE HEADWINDS.

IT HAD MORE VOTES NO THAN THE CURRENT LEGISLATION.

YEAH, IF I REMEMBER RIGHT. IS THAT THE CASE? RIGHT.

I THINK ACTUALLY I THINK SENATE BILL 250 PASSED PRETTY MUCH UNANIMOUSLY.

OH WAS IT OKAY. BUT SO DID SO DID SENATE BILL 180 I KNOW 180.

I KNEW 182. BUT I JUST THOUGHT IT WAS CLOSE. 50 WAS AN APPROPRIATIONS BILL.

YEAH. AND AND THE WHAT HAPPENED TOOK US AT THE KNEES OR NOW ALL I'M SAYING IS WE CHOSE TO LET IT.

THIS IS OUR ELECTED A PERSON WHO HAS A LOT OF JUICE WITH OUR LEGISLATURE.

I THINK WE SHOULD. WHETHER IT'S GOOD, BAD OR INDIFFERENT.

[06:25:01]

AND WE'RE GOING TO SOON TALK ABOUT, I GUESS, OR ABOUT TO TALK ABOUT THE PROPOSED LAWSUIT AND EVERYTHING AND, AND YOU KNOW, I'M, I'M AS YOU KNOW, I FIND THE SENATE BILL 180 AS EGREGIOUS AS ANYBODY ELSE.

AND IN MANY WAYS, IT'S WORSE THAN 250. YES. FOR A NUMBER OF REASONS WE CAN TALK ABOUT.

BUT YOU KNOW, I'M LOOKING FORWARD TO THIS CONVERSATION ABOUT WHAT WE DO BECAUSE IT, YOU KNOW, YOU'RE TALKING ABOUT A BILL THAT PASSED VIRTUALLY UNANIMOUSLY IN BOTH THE HOUSE AND SENATE.

SO, YOU KNOW, THOSE PEOPLE ARE ELECTED OFFICIALS JUST LIKE WE ARE, AND THEY'RE VOTING ON THINGS.

AND AND AND YOU KNOW, IN MY MIND, LITIGATION MAY ULTIMATELY BE THE ONLY CHOICE, BUT, YOU KNOW, WHEN, WHEN YOU WHEN YOU SUE SOMEBODY OR SOMEBODY SUES YOU, IT CLOSES DOORS, IT DOESN'T OPEN THEM. YOU KNOW, YOU IT ENDS THE CONVERSATION.

YOU'RE NOT GOING OUT TO DRINKS WITH THOSE PEOPLE THE FOLLOWING WEEK.

AND SO I, I JUST WILL ADVOCATE THAT WE THINK ABOUT HOW WE TRY TO HAVE COMMUNICATION AND CONVERSATION WITH THE APPROPRIATE PEOPLE FIRST, AND HOPEFULLY NOT JUST BY OURSELVES.

HOPEFULLY THERE ARE OTHER PEOPLE IN THE STATE WHO WANT TO DO THE SAME BEFORE YOU.

YOU MOVE TO A POINT WHERE YOU'RE YOU'RE ACTUALLY ENGAGING IN THE KIND OF ACTION THAT'S, YOU KNOW, BEING SUGGESTED TO ME, THAT'S COMMON SENSE IN IN AND YOU CERTAINLY AT LEAST GIVE THAT A CHANCE BEFORE YOU, YOU MOVE TO THE NUCLEAR OPTION. I AGREE, AND I WAS GOING TO SAY THAT I FELT LIKE I UNDERSTOOD SOME OF THE IMPETUS AND MOTIVATION BEHIND SB 250, BUT I DON'T WITH 180, AND IT JUST SEEMS MUCH MORE EGREGIOUS TO ME.

AND LIKE A BALL GOT ROLLING DOWN THE HILL AND NOW WE GOT TO STOP IT.

YEAH. AND WE, WE DO NEED TO DO EVERYTHING WE CAN TO STOP IT AND REVERSE IT.

BUT YOU KNOW, WHAT ARE THE STEPS IN THAT? RIGHT, RIGHT, RIGHT.

YEAH. AND I'D LIKE TO KNOW THE IMPETUS AND THE MOTIVATION BEHIND THE PEOPLE THAT WE ELECTED, THAT VOTED FOR IT, THAT LIVE HERE. LIKE, WELL, YOU KNOW, THERE'S NOTHING STOPPING US FROM INVITING OUR DELEGATION TO COME.

AND WE DID I THINK LAST YEAR THEY WEREN'T AVAILABLE.

OR MAYBE THEY DIDN'T HAPPEN. I THOUGHT IT DID HAPPEN.

I KNOW YOU WEREN'T HERE. BUT YOU KNOW. SORRY.

NO. SO TO YOUR POINT, I UNDERSTAND ADVOCACY. ADVOCACY STARTS IN MANY DIFFERENT WAYS, AND IT STARTS WITH US BECAUSE IT'S ELECTED OFFICIALS TO ELECTED OFFICIALS.

AND I AGREE WITH YOU WHOLEHEARTEDLY. AND WE SHOULD BE DOING THAT AND HAVING THOSE CONVERSATIONS WITH THEM BECAUSE THEY'RE THERE TO HELP US.

WE HOPE SO. WE SHOULD BE COMMUNICATING WITH THEM.

SO I APPRECIATE THAT. BUT TO GO ON WITH WHAT KRISTEN WAS SAYING.

I'M I'M NOT SURE THAT DIRECTION WHETHER THAT WAS A REQUEST OR A CONVERSATION KICKER OR WE WANT TO MOVE TO MR. MCCONNELL AND LET HIM PRESENT. WHAT? WHAT'S DOWN THE LINE? AND THEN WE CAN HAVE A HEALTHY DISCUSSION. OKAY.

[13.G. A Resolution of the City Council of Naples, Florida, Authorizing Participation in a Lawsuit Seeking, Among Other Things, to Declare that Senate Bill 180's Imposition of a Blanket Statewide Prohibition on the Exercise of Home Rule Authority Over Land Use and Zoning Regulations, is Unconstitutional and Should be Enjoined, Retaining Weiss Serota Helfman Cole + Bierman, PL to Prosecute the Lawsuit; Authorizing the City Manager to Execute the Necessary Documents; Providing for Scrivener's Errors; and Providing for an Effective Date. (Matthew McConnell, City Attorney)]

AFTER THIS CONVERSATION AND OBVIOUSLY THERE'S A RESOLUTION THAT PASSES THIS, BUT THERE MAY BE THOUGHTS THAT WE WANT TO SPECIFY IN THE LEGISLATIVE ACTIONS THAT YOU GUYS WANT TO TAKE. MY PERSONAL OPINION, I WOULD LOVE TO INCLUDE SB 180 IN THERE.

I THINK A LOT OF LOCAL GOVERNMENTS ARE. I THINK THERE'S A LOT OF NEWS ARTICLES OUT THERE BEFORE I EVEN GET STARTED, BECAUSE I END WITH SB 180. OF OF HOUSE OF REPRESENTATIVES AND SENATORS SAYING THEY VOTED ON SOMETHING WITHOUT KNOWING THIS LANGUAGE WAS EVEN IN THERE.

I THINK THERE'S APPETITE FOR REPEALING IT AS WELL.

BUT AGAIN, RESPECTFULLY, THESE ARE POLITICIANS AND I DON'T KNOW WHAT TO BELIEVE OR NOT, BECAUSE THE FACT THAT IT PASSED UNANIMOUSLY WAS A SHOCKER TO BEGIN WITH.

AND IT MOVED FROM A HOUSE BILL TO A SENATE BILL.

SO EVERYONE THOUGHT THEY WERE OKAY. AND THEN IT WAS ADDED LAST MINUTE. IT'S JUST THE WHOLE WAY IT WAS ADOPTED WAS YEAH, WORRISOME, BUT I WILL NOT SPEAK ON THAT TOO MUCH.

AND I'LL SAVE THE FUN FOR THE END OF THIS PRESENTATION.

OKAY, SO MOST OF THESE HOUSE BILLS OR SENATE BILLS WERE KIND OF HIT ON BY MISS HURLEY RIGHT AFTER,

[06:30:03]

SO WITH THE FIRST ONE, THIS IS ONE OF THOSE FEES TO MR. BECKMAN. I KNOW HE'S FAMILIAR OR AWARE OF THIS HOUSE BILL, BUT IT REALLY HAS SOME PREEMPTIONS ON SYNTHETIC TURF.

TALKS ABOUT SPEEDING UP PERMIT APPROVALS. ONE THING THAT IT REALLY BASED ON THE FACT THAT MY OFFICE WORKS A LOT WITH PROCUREMENT.

IT DOES REQUIRE THAT WE APPROVE OR DENY CONSTRUCTION CHANGE ORDERS WITHIN A CERTAIN PERIOD OF TIME FOR CITY PROJECTS, WHICH I THINK IS IMPORTANT. ADDITIONALLY, WHEN IT COMES TO SOLICITATION, WE CAN NO LONGER CONSIDER THE VOLUME OF WORK A CONTRACTOR HAS WITH OTHER GOVERNMENTAL ENTITIES. SO THESE ARE JUST SOME THINGS THAT I WANTED TO MAKE SURE WE'RE WE'RE CRYSTAL CLEAR FOR STAFF.

MAYOR, I KNOW WE'VE TALKED ABOUT PRIVATE PROVIDERS BEFORE, SO IT ACTUALLY ALLOWS FOR VIRTUAL INSPECTIONS FOR CERTAIN SINGLE TRADE PERMITS, SUCH AS SOLAR AND HVAC, ETC.. SO AGAIN, IT'S GOOD TO BE MADE AWARE OF THESE THINGS, BUT THESE ARE MORE GOING TO BE THINGS THAT I PROBABLY WORK WITH THE CITY MANAGER ON AND IMPLEMENTING WITH STAFF AND UPDATING OUR SOLICITATIONS, ETC..

BUT I DID THINK IT WAS IMPORTANT FOR YOU ALL TO BE AWARE OF IT BECAUSE IT DOES AFFECT DAY TO DAY OPERATIONS HERE.

IT'S ALSO A FACT. GENERATORS. I WILL DEFAULT TO IT.

IT'S KIND OF FUNNY. I WILL DEFAULT TO STEVE. I WANT A SINGLE TRADE PERMIT IS.

BUT OKAY, I DON'T KNOW. I DO HEAR A LOT ABOUT GENERATORS THOUGH.

YEAH, OKAY. THERE HE IS. HEY, YOU MIGHT WANT AN ANSWER.

WOW. WELCOME, WELCOME. I DON'T KNOW IF. DO YOU WANT TO ASK MR. BECKMAN? OH, MR. BECKMAN, DO YOU KNOW IF THAT ONE IF THE VIRTUAL INSPECTIONS GO FOR GENERATORS? GOOD AFTERNOON, GENERAL COUNSEL STEVE BECKMAN, DIRECTOR OF BUILDING SERVICES. SO, SINGLE TRADE PERMITS, I THINK OF THINGS LIKE SOLAR, FOR EXAMPLE. IT'S A ONE ITEM.

IT'S GOT ONE THAT'S ELECTRICAL. YOU KNOW, THIS IS A NEW ITEM, OBVIOUSLY, SINGLE TRADE PERMITS.

I THINK IT'S ITS INTENT IS TO COVER THINGS LIKE OFFENSE.

I MEAN, SOME VERY SIMPLE THINGS. SO WHEN YOU START TALKING ABOUT A GENERATOR, YOU'VE GOT GAS, YOU'VE GOT ELECTRIC, YOU'VE GOT STRUCTURAL, YOU'VE GOT OTHER REALLY OTHER, OTHER AND SOMETIMES OTHER PERMITS WITH JUST THAT ONE ITEM.

SO SINGLE TRADE IS JUST THAT. IT'S A SINGLE TRADE.

SO THAT'S, THAT'S THAT PIECE OF IT ON THE VIRTUAL SIDE.

I'M NOT REALLY SURE WHAT THE QUESTION IS ON THE VIRTUAL, JUST OTHER THAN YOU KNOW, IT'S BEEN ACTUALLY CLARIFIED IN STATUTE THAT YOU CAN DO VIRTUAL INSPECTIONS A NUMBER OF DIFFERENT WAYS. AND, BUT THIS IS JUST, I THINK, TO CLARIFY THAT THAT'S ONE OF THE WAYS THEY CAN DO THE SINGLE TRADE AS WELL. THANK YOU. THANK YOU. DOES THAT ANSWER YOUR QUESTION, MAYOR? KIND OF, BUT WE DON'T NEED TO GET INTO IT RIGHT NOW.

OKAY? THE NEXT ONE AND AGAIN, I'M GOING TO KIND OF GO THROUGH THESE AND THEN TURN MY FOCUS ON ONES THAT I THINK I'M GOING TO ASK SOMETHING OF YOU OFF.

BUT WE HAVE BEEN TALKING ABOUT MICROMOBILITY.

WE'VE BEEN TALKING ABOUT SCOOTERS. WE'VE BEEN TALKING ABOUT ELECTRIC BICYCLES AND SHOCKER SB 462 STATE ACTUALLY GIVE US MORE AUTHORITY.

WOW. WOW. TO DO SOMETHING. SO THAT'S FUN. AND IT'S GOING TO FALL IN LINE SPECIFICALLY WITH THE ORDINANCE AND, AND THE THINGS THAT WE'RE WORKING ON AT THE STAFF LEVEL. BROADER DEFINITIONS, MORE REQUIREMENTS THAT WE'RE ALLOWED TO INCLUDE, SUCH AS? YOU WEREN'T ALLOWED TO REQUIRE A DRIVER'S LICENSE BEFORE YOU ARE NOW, HELMETS, THINGS OF THAT NATURE.

SO I THINK THAT'S REALLY GOING TO HELP. AND IT'S ACTUALLY GOOD TIMING BECAUSE THIS IS GOING TO BE A PIECE OF LEGISLATION THAT'S PROBABLY IN DRAFT FORM IN THE NEXT COUPLE OF MONTHS, I WOULD SAY. FOR CONSIDERATION, I KNOW WE HAD THAT WORKSHOP KIND OF 6 OR 7 MONTHS BACK ON, ON ALL THOSE TOPICS. SO THAT'S GOING TO BE A GOOD ONE.

IT ALSO ALLOWS WHICH I THOUGHT WAS INTERESTING WAS SPECIAL SLOW SPEED ZONES WHENEVER STREETS ARE FLOODED TO ALLOW LAW ENFORCEMENT.

AND TO PREVENT DANGEROUS SITUATIONS, AS YOU KNOW.

YOU KNOW, THERE WERE SITUATIONS WHERE STREETS ARE FLOODED AND KIDS ARE BEING KIDS.

SO I THOUGHT THAT WAS PRETTY INTERESTING. AND THEN IT ALSO ALLOWS FOR THE USE OF OFF HIGHWAY VEHICLES FOR THE REMOVAL OF RENTAL EQUIPMENT IN FROM COASTAL BEACHES.

SO THAT'S MORE OF A CLEANUP EFFORT WHEN IT COMES TO DAMAGES FROM HURRICANES OR THINGS OF THAT NATURE.

THE NEXT ONE I JUST MENTIONED, IT MAY COME INTO PLAY, MAY NOT, BUT IT ALLOWS US TO KIND OF COLLABORATE WITH LOCAL SCHOOL BOARDS REGARDING

[06:35:09]

SO SB 784 RELATES TO PLANNING SUBDIVISIONS AND PLOTS IT ESSENTIALLY IF A PLAT OR SUBDIVISION. IF THE FINAL DECISION WAS MADE AT A PUBLIC HEARING, THIS ACTUALLY REQUIRES THAT YOU ALL, VIA RESOLUTION, DESIGNATE AN ADMINISTRATIVE AGENT SOMEONE WHO'S AT THE CITY TO PROCESS THESE.

SO IT'S STRICTLY ADMINISTRATIVE AT THIS POINT.

THERE ARE TIME FRAMES AS WELL IN WHICH WE HAVE TO AT LEAST ACKNOWLEDGE RECEIPT.

RECEIPT. WE STILL REFERENCE IT TO REFERENCE THE SAME STATUTE THAT WE DO IN OUR CODE RIGHT NOW.

SO I THINK THE REVIEW PROCESS WOULD BE SOMEWHAT DIFFERENT.

BUT I WILL SAY THERE'S ALREADY BEEN AT LEAST 2 OR 3 PEOPLE DURING BREAK BECAUSE THIS WAS EFFECTIVE JULY 1ST.

REACH OUT TO US AND SAY, HEY, LIKE, WHY ARE YOU NOT DOING THIS? AND I YOU KNOW, I HAD TO SAY COUNCILS IN BREAK.

LET ME TALK TO THEM FIRST. BUT I'M HAPPY TO ANSWER ANY QUESTIONS ABOUT THIS.

IT'S JUST IT'S ONE OF THOSE WHERE IT REQUIRES YOU TO DO IT BY RESOLUTION OR ORDINANCE.

I'VE ALREADY DRAFTED A RESOLUTION. I PLAN ON PRESENTING IT TO YOU GUYS ON SEPTEMBER 3RD, BECAUSE THE SOONER THE BETTER SINCE WE'VE BEEN ON BREAK FOR TWO MONTHS.

IT'S ME AND PLANNING STAFF ARE KIND OF PUTTING THESE APPLICATIONS AT PAUSE, AND THEY'RE BEING NICE ABOUT IT.

BUT WE NEED A PROCESS IN PLACE BECAUSE THERE'S PENDING APPLICATIONS.

SO WITH THAT, I'LL STOP AND ANSWER QUESTIONS BECAUSE I KNOW THIS IS PROBABLY I DON'T KNOW IF ALL OF YOU ARE AWARE ABOUT THIS.

YEAH. DOES IT PROHIBIT US FROM REVIEWING WHAT WILL BE AN ADMINISTRATIVE APPROVAL? DOES IT PROHIBIT COUNCIL? SO, FOR EXAMPLE, IF RE PLATS OR SUBDIVISIONS WERE REQUIRED TO COME TO A PUBLIC HEARING, THEY NO LONGER WILL. BUT DOES IT PROHIBIT US FROM HAVING THEM COME TO A PUBLIC HEARING? YES. IT JUST SAYS THAT IT HAS TO BE ADMINISTRATIVELY APPROVED.

DOES IT SAY IT DOESN'T? IT CAN'T GO THROUGH A HEARING PROCESS.

YES. OKAY. SO DO WE HAVE ENOUGH? YOU DON'T HAVE TO ANSWER IT NOW.

ENOUGH STRENGTH IN OUR COMPREHENSIVE PLAN. TO BE TO FALL BACK ON.

AND IS. IS THAT GOING BACK TO THE REVIEW? PIECE.

I MEAN, IS THAT JUST FOR A COUNCIL OR IN YOUR PLANNING BOARD, WHICH IS BY STATUTE? REVIEW PLANNING BOARD WOULD BE A PUBLIC HEARING.

SO NOT THEM EITHER. COULD YOU ESTABLISH A LOCAL.

JUST WELL, IT WOULDN'T HAVE TO BE A PUBLIC HEARING, BUT YOU COULD HAVE AN ADVISORY GROUP.

YOU COULD, BUT IT'S VERY SPECIFIC. I THINK I THINK THE STATUTE OR WHOEVER DRAFTED THIS THOUGHT OF THAT BECAUSE IT SAYS THEY HAVE TO BE A LOCAL GOVERNMENT ADMINISTRATIVE OFFICIAL. THEY HAVE TO BE A CITY EMPLOYEE, SOMEONE AT THE CITY.

SO LIKE A COMMITTEE OF CITIZENS OR SOMETHING WOULD NOT BE THAT.

BUT WE ARE. BUT THERE ARE TWO SIDES OF THE STORY EVERY TIME.

YEAH. SO I WOULD SAY OUR CODE, THE WAY IT'S SET UP RIGHT NOW.

AND I THINK WHEN THIS IS PRESENTED ON NINE THREE, I'M GOING TO HOPE THAT MISS MARTIN CAN KIND OF HELP ME WITH THE PRESENTATION, BECAUSE I THINK THERE'S ALREADY SITUATIONS IN WHICH PLATS CAN BE APPROVED ADMINISTRATIVELY IN OUR CODE.

I THINK THERE'S A FEW SITUATIONS IN WHICH IT CAN'T.

I THINK IT'D BE IMPORTANT FOR YOU ALL TO KNOW WHAT THOSE SITUATIONS ARE, BECAUSE AT LEAST SINCE I'VE BEEN HERE, WE HAVEN'T REALLY GOTTEN A LOT OF PLOTS OR PLOTS OR SUBDIVISIONS. JUST ADMINISTRATIVE. SO FOR THE MOST PART.

SO I DON'T KNOW IF THIS REALLY AFFECTS THAT MUCH.

AND I THINK IT'S IMPORTANT TO UNDERSTAND THAT. BUT I AM OF THE OPINION THAT OUR RESTRICTIONS IN THE CODE THAT SAY NO FLAG LOTS.

AND SOME OF THE ADDITIONAL CRITERIA WE HAVE ARE STILL IN PLAY.

YOU KNOW, I WOULD ACTUALLY STILL WANT STAFF TO REVIEW THOSE THINGS.

I DON'T THINK IT TRUMPS THAT. I THINK IT JUST TRUMPS THE WAY THEY'RE PROCESSED.

SO HERE'S MY CONCERN BECAUSE THIS IS A THIS IS HUGE.

I THINK FOR THE CITY WE HAVE IN PORT ROYAL, VERY LARGE LOTS.

THAT'S WHAT MAKES THAT PROPERTY VALUE THE HIGHEST PROPERTY VALUES WE HAVE, BECAUSE THE AMOUNT OF LAND AND PROTECTION THEY HAVE.

[06:40:05]

AND THAT'S MY BIGGEST CONCERN IS THE DAMAGE THAT THIS WILL DO.

YOU'RE SAYING CUTTING A LOT IN HALF THAT'S ON THE GULF IS GOING TO LOWER OUR PROPERTY VALUES? I THINK THAT IT WILL CREATE DENSITY. IT WILL LOWER THE PROPERTY VALUES BECAUSE PEOPLE BUY THOSE LOTS IN PORT ROYAL FOR THE SIZE OF THE LOT. MOST LOTS IN THE CITY ARE AT AFFORDABLE HOUSING SETBACKS.

AND BELIEVE IT OR NOT, IT IS AN APPEALING PROPERTY WHEN PEOPLE CAN HAVE LAND AND NOT HAVE TO BE ON TOP OF THEIR NEIGHBOR.

OKAY. SO I DON'T HAVE THE NUMBERS IN FRONT OF ME, BUT THERE ARE MINIMUM LOT REQUIREMENTS IN THE CITY.

LIKE IF YOU'RE IN R1 TEN OR R1 15, YOU NEED A 10,000 SQUARE FOOT LOT OR A 15,000 SQUARE FOOT LOT.

SO, I MEAN, HYPOTHETICALLY, SOMEONE COULD SPLIT.

I DON'T KNOW WHAT THE LOT SIZE MINIMUMS ARE IN PORT ROYAL, BUT THEY COULD NEVER GO LOWER THAN THAT.

JUST WANTED TO POINT THAT OUT. RIGHT. WELL. PORT ROYAL IS DIFFERENT THAN GORDON DRIVE BECAUSE THEY'RE NOT PART OF THE PORT ROYAL ASSOCIATION, I ASSUME. AGAIN, I THINK ONCE THIS RESOLUTION IS PRESENTED, I'M GOING TO WORK WITH MISS MARTIN AND GET SOME OF THIS INFORMATION.

SO I THINK WE UNDERSTAND WHAT IT EXACTLY MEANS.

I'M MORE JUST TRYING TO MAKE YOU GUYS AWARE OF THIS LAW OUT THERE, AND THE FACT THAT WE DO HAVE PENDING APPLICATIONS, AND WE'RE GOING TO HAVE TO DO SOMETHING. MAY I MOVE ON? OH, YES. I'M SORRY. OKAY. NO ONE ELSE HAD QUESTIONS OR STATEMENTS.

OKAY. SO THE NEXT ONE IS SB 954 TALKS ABOUT RECOVERY RESIDENCES.

THIS IS ONE I'M GOING TO JUST BRIEFLY TOUCH ON, BUT I'LL WORK ON AND TRY TO FIGURE OUT WHAT WE NEED TO DRAFT.

BUT IT SAYS WE NEED TO ADOPT AN ORDINANCE BY JANUARY 2026, ESTABLISHING PROCEDURES FOR THE REVIEW AND APPROVAL OF CERTIFIED RECOVERY RESIDENCES WITHIN ITS JURISDICTION. ORDINANCE MUST INCLUDE A PROCESS FOR REQUESTING REASONABLE ACCOMMODATIONS FOR ANY LOCAL LAND USE REGULATION THAT SERVES TO PROHIBIT THE ESTABLISHMENT OF A CERTIFIED RECOVERY RESIDENCE. SO ESSENTIALLY, WE NEED TO DEVELOP PROCEDURES FOR THESE THINGS I.E.

SOBER LIVING HOMES. SO AGAIN, I'M MAKING YOU AWARE OF THIS BECAUSE, I MEAN, WE HAVE TO ADOPT AN ORDINANCE BY JANUARY OF 2026.

I DON'T KNOW WHAT IT LOOKS LIKE. I HAVEN'T REALLY DELVED INTO IT YET, BUT I JUST WANTED TO PUT IT ON YOUR RADAR AS SOMETHING THAT OVER THE NEXT THREE MONTHS, WE'RE GOING TO HAVE TO LOOK INTO AND WE'LL HAVE TO BE PRESENTED FIRST OF THE YEAR.

THE NEXT ONE IS FIRE PREVENTION. THIS IS FOR, YOU KNOW, COREY, THE CHIEF.

AND AND I KNOW STEVE DOES. I MEAN, WITH THROUGH THE PERMITTING PROCESS, THERE ARE THINGS LIKE THIS, BUT IT REALLY HAS TO DO WITH SIMPLIFYING PERMITTING PROCESS FOR MINIMUM REQUIREMENTS OF FLORIDA, BUILDING CODE FOR FIRE ALARMS AND SPRINKLER SYSTEM PROJECTS OF 20 OR FEWER OR THE REPLACEMENT OF THOSE EXISTING FIRE ALARM PANELS, ETC.. SO I KNOW MR. BECKMAN HAS GONE TO CONFERENCES, AND HE SENT ME A POWERPOINT OF A LOT OF THESE THINGS, SO I'M SURE HE'S AWARE. BUT THE REASON THIS IS IMPORTANT IS BECAUSE, YOU KNOW, IF WE DON'T MEET CERTAIN TIMEFRAMES, THEN WE HAVE TO REFUND THE ORIGINAL PERMIT FEE.

AND THERE'S A BUNCH OF DEADLINES HERE. SO, AGAIN, THAT IT WAS IMPORTANT FOR YOU ALL TO KNOW, BECAUSE THIS DOES AFFECT DAY TO DAY OPERATIONS FOR CERTAIN ASPECTS OF WHAT STEVE AND COREY AND FIRE REVIEW.

BUT I DON'T NEED ANYTHING FROM YOU, SO TO SPEAK, WHEN IT COMES TO LEGISLATION.

IT ALSO SPEEDS UP INSPECTION TIMELINES. SO. GOOD LUCK.

STEVE. HB 913. CONDOMINIUM AND COOPERATIVE ASSOCIATION.

THIS IS REALLY JUST TALKS ABOUT MILESTONE INSPECTIONS, SOMETHING THAT WE'VE WORKED ON SINCE THE BUILDING COLLAPSED YEARS BACK. THIS IS SOMETHING THAT STEVE AND I HAVE TALKED TO, CODE ENFORCEMENT HAS BEEN INVOLVED IN, SO WE'RE AWARE OF IT. BUT THERE IS DEADLINES HERE OF OCTOBER 1ST, 2025.

AGAIN, I CAN WORK WITH MR. BECKMAN TO DETERMINE WHAT THAT DEADLINE IS FOR AND WHAT IT MEANS.

BUT IT ALSO REQUIRES US TO ADOPT AN ORDINANCE WHICH I DON'T KNOW IF WE HAVE OR HAVEN'T REGARDING THE MILESTONE INSPECTION REQUIREMENTS TO COMMENCE REPAIRS WITHIN 365 DAYS AFTER A PHASE TWO INSPECTION IS RECEIVED.

[06:45:01]

SO SB 1080 IS I MISSED A LITTLE BIT THAT I'M GOING TO TALK ON ON THIS, BUT THIS IS AN INTERESTING ONE.

SO NOT ONLY DOES IT MODIFY SOME OF THE DEVELOPMENT PERMIT TIME FRAMES THAT WE HAD DISCUSSED BACK IN PROBABLY TEN MONTHS AGO, WE HAD AN EFFICIENCY CONVERSATION AND WE WERE QUESTIONING WHY WE HAD TO TURN AROUND THINGS PURSUANT TO CODE IN 44 DAYS.

BUT THE THE STATUTE SAID 120 TO 180. SO IT AFFECTS THE REVIEW FOR DEVELOPMENT PERMITS, WHICH IS A VERY BROAD DEFINITION THAT YOU GUYS REVIEW A LOT DOESN'T CHANGE THE TIME FRAMES, BUT IT DOES REQUIRE CERTAIN RESPONSE TIMES QUICKER.

RIGHT? SO WITHIN 30 DAYS YOU HAVE TO RESPOND.

YOU STILL HAVE 120 DAYS TO APPROVE IT, AND YOU STILL HAVE 180 DAYS TO APPROVE IT IF IT IF IT REQUIRES A HEARING.

BUT IT DOES DEPICT A TIMELINE THAT I HAVE TO WORK WITH STAFF ON BECAUSE.

THE CONSEQUENCES ARE DEPENDING ON HOW LONG YOU TAKE.

THEY GET MORE PERCENTAGE OF THEIR APPLICATION FEES BACK.

THAT CAN GO AS HIGH AS 100% OF THE APPLICATION FEE.

SO, YOU KNOW, IT'S LIKE IF YOU'RE WELL, I CAN KIND OF HIT ON IT A LITTLE BIT.

BUT IF IT'S. ISSUE A 10%. IF YOU FAIL TO DO WHAT YOU HAVE TO DO WITHIN 30 DAYS, 20% IF YOU DON'T RESPOND WITHIN TEN. THEN AS YOU GET TO THE 120 AND 180 DAYS, YOU KNOW, 50%, IF YOU DON'T ACTUALLY APPROVE IT WITHIN THE 120 DAYS.

AND IT GOES SO ON AND SO FORTH. SO I DO THINK IT'S IMPORTANT TO WORK WITH STAFF ON THAT.

AND THEN ADDITIONALLY, I NEED TO WORK WITH GARY ON WHEN THE LAST TIME WE TALKED ABOUT IMPACT FEES IS AND WHEN THE LAST TIME WE AMENDED THEM.

BUT AND I COULD HAVE MISSED IT. BUT SB 180 DOES START WITH THE STATE WAS WORRIED ABOUT WAS LOCAL GOVERNMENTS WERE NOT UPDATING THEIR IMPACT FEES EVERY YEAR. AND THEN OUT OF NOWHERE FIVE YEARS LATER, THEY WERE JUST DOING A MASSIVE JUMP TO CATCH UP.

SO WITH THE STATE TRIED TO SAY IS LIKE, IF YOU HAVEN'T UPDATED YOUR IMPACT FEES IN FIVE YEARS, YOU CAN ONLY GO UP SO MUCH BECAUSE THAT HUGE JUMP WAS, I GUESS, A DETRIMENT TO CERTAIN PEOPLE BUILDING THINGS.

SO I GUESS THE IDEA BEHIND IT IS WE SHOULD REVISIT OUR IMPACT FEES EVERY YEAR AND MAKE AN INCREASE IF NECESSARY.

SO SOMETHING TO KEEP AWARE. NEXT ONE IS ANOTHER AMENDMENT TO LIVE LOCAL. THAT'S THREE FOR THREE SINCE IT WAS ENACTED.

SO I'M GOING TO HAVE TO DELVE INTO THIS A LITTLE BIT MORE.

I DID PUT JUST A FEW TALKING POINTS ON HERE. YOU KNOW, MR. MCLEAN HIT ON IT TODAY WHEN IT COMES TO CERTAIN PARKING REQUIREMENTS THAT WE'RE NO LONGER OR THAT WE'RE REQUIRED TO DO.

WE'RE SUPPOSED TO, YOU KNOW, PROVIDE DOCUMENTATION TO THE STATE ON LAWSUITS AND ACTUAL LIVE LOCAL PROJECTS THAT ARE APPROVED IN OUR CITY.

SO I DO THINK WHEN IT COMES TO LIVE LOCAL, YOU KNOW, I KNOW THE SENTIMENT AT TIMES IS, YOU KNOW, NO ONE'S APPLIED YET. BUT I LIKE TO COME FROM AN APPROACH OF BEING PREPARED IF SOMEONE DOES APPLY.

JUST SO THAT WE KNOW WHAT TO EXPECT AND WHAT'S POSSIBLE.

SO I WILL DELVE INTO THAT A LITTLE BIT MORE. YOU CAN ANTICIPATE IT PROBABLY AT ANOTHER WORKSHOP AFTER I'VE HAD AN OPPORTUNITY TO WORK WITH PLANNING.

BUT THIS IS JUST SOME HIGH LEVEL THINGS THAT I WANTED TO POINT OUT TO YOU ALL.

THERE WAS A LOT MORE CHANGES THAN THAT, BUT I THOUGHT THESE WERE AT LEAST IMPORTANT, AND I DIDN'T WANT TO OVERWHELM.

SO IF THERE'S NO QUESTIONS ON THAT THEN I'LL JUST GO INTO THE LAST ONE, WHICH IS SB 180.

SO YOU GUYS ARE PROBABLY ALL HAVE BEEN MADE AWARE AT THIS POINT THAT SB 180 WAS ADOPTED INTO LAW JULY 1ST.

THERE'S TWO SECTIONS THAT ARE REALLY ALARMING BEFORE I GET INTO THAT.

IT WAS TITLED EMERGENCIES. THERE ARE OTHER ASPECTS OF THE BILL THAT I THINK WE NEED TO BE MADE AWARE OF.

WHEN IT COMES TO RAISING IMPACT FEES AFTER A STORM, SO ON AND SO FORTH.

SO I'VE KIND OF LAID OUT THINGS BECAUSE EVERYONE'S REALLY FOCUSED ON THE MORE BURDENSOME AND RESTRICTIVE LANGUAGE.

BUT THERE'S OTHER LANGUAGE IN HERE THAT WE COULD THAT WE NEED TO BE MADE AWARE OF.

FOR EXAMPLE, WE NEED TO DEVELOP A POST A POST STORM PERMITTING PLAN, EXPEDITE RECOVERY AND REBUILDING, AND ENSURE SUFFICIENT STAFFING FOR INCREASED PERMITTING AND INSPECTION DEMANDS.

SO THAT'S SOMETHING THAT WE HAVE TO DO AT THE ADMINISTRATIVE LEVEL.

[06:50:03]

SURE. WE. WE HAVE A POST-STORM EMERGENCY PROCESS THAT WE ALREADY HAVE AND HAVE BEEN USING.

BUT, YOU KNOW, WE'VE GOT SOME ADMINISTRATIVE WORK TO DO AS FAR AS PUBLISHING IT AND THEN POSTING IT AND THINGS LIKE THAT.

I MEAN, BUT WE DO HAVE ONE. WE HAD ONE IN PLACE THAT WE USED AFTER THE STORM.

BUT, YOU KNOW, WE'LL GO THROUGH THE PROCESS OF MAKING SURE IT'S, YOU KNOW, OFFICIAL AND POSTED AND I'LL PROBABLY DO SOME UPDATES TO IT.

THANK YOU. THANK YOU. IT PROHIBITS US IF WE ARE NAMED, YOU KNOW, IF OUR JURISDICTION IS NAMED IN A STATE OF EMERGENCY FROM INCREASING BUILDING PERMIT OR INSPECTION FEES FOR 180 DAYS AFTER THE EXPIRATION OF THE DECLARATION.

HEADS UP, HURRICANE IAN DECLARATION. I THINK EITHER JUST EXPIRED OR IS STILL ONGOING.

AND THAT WAS ALMOST THREE YEARS AGO. SO YOU MAY THINK 180 DAYS AFTER A DECLARATION IS NOT THAT LONG.

BUT SOMETIMES THESE DECLARATIONS LAST FOR A VERY LONG TIME, SO KEEP THAT IN MIND.

PROHIBITS THE IMPOSITION OF IMPACT FEES FOR REPLACEMENT STRUCTURES.

AGAIN, SOMETHING THAT I'LL WORK ON WITH WITH STEVE AND GARY.

THEN THE NEXT TWO ARE ABOUT DEBRIS MANAGEMENT SITES.

AND AND ADDENDUM TO CERTAIN SOLID WASTE CONTRACTS.

AND IT ALSO REQUIRES ON THE NEXT PAGE CERTAIN LANGUAGE BE ADDED IN THESE CONTRACTS AS WELL, WHICH I WILL WORK WITH PURCHASING ON. AND THEN IT PROHIBITS US FROM ADOPTING CUMULATIVE SUBSTANTIAL IMPROVEMENT PERIODS, ALSO KNOWN AS LOOKBACK ORDINANCES. SO THAT HAS TO DO WITH FLOOD OR FLOOD ORDINANCE I'M PRETTY SURE FLOODPLAIN ORDINANCE.

SO I'LL HAVE TO WORK WITH STEVE ON THAT. I'M PRETTY SURE WE REMOVED IT RECENTLY, SO IT'S ALREADY GONE.

PERFECT. YEAH, WE WERE FORWARD THINKING THERE.

NOW, THE TWO PROVISIONS THAT ARE THE MOST DAUNTING.

TWO SECTIONS, SECTION 18, SECTION 28, SECTION 18 ESSENTIALLY SAYS THAT IF YOU'RE WHOLLY OR PARTIALLY WITHIN 100 MILES OF A HURRICANE, WHICH NO ONE KNOWS WHAT PARTIALLY, PARTIALLY, OR WHOLLY MEANS YOU ARE PREVENTED FOR A YEAR AFTER LANDFALL.

SAME LANGUAGE AS SB 250 FROM PROPOSING OR ADOPTING MORATORIUMS ON THE RECONSTRUCTION AND CONSTRUCTION OF PROPERTIES OF DAMAGED PROPERTIES FOR THE PROPOSAL OR ADOPTION OF MORE BURDENSOME OR RESTRICTIVE COMPREHENSIVE PLAN AMENDMENTS, LAND DEVELOPMENT REGULATIONS AND PROCESSES FOR DEVELOPMENT PERMITS.

SO EVERYONE THOUGHT THAT WAS BAD BECAUSE IF YOU THINK ABOUT IT, NO ONE KNOWS WHAT WHOLLY OR PARTIALLY IS.

I MEAN, IF IS IT THE EYE? IS IT AN OUTER BAND? IS IT SOME RAIN? IT'S KIND OF UP IN THE AIR, AND THAT COULD ESSENTIALLY CREATE A NEVER ENDING ONE YEAR TIME FRAME.

EVERY TIME A HURRICANE HITS, IF YOU'RE WITHIN 100 MILES, THERE IS NO END DATE.

IT'S JUST FOR A YEAR. BUT THEN, AS YOU CONTINUE TO READ, THERE WAS SECTION 28, WHICH RIGHT OFF THE BAT AS OF NOW DATING BACK TO AUGUST OF 2024, PROHIBITS THE LOCAL GOVERNMENT LISTED IN ONE OF THREE DECLARATIONS FOR MILTON. HURRICANE MILTON AND DALIA. AND I THINK THERE WAS ONE MORE.

DEBBIE AND HELENE. SO IF YOU LOOK AT THOSE THREE DECLARATIONS, IT LISTS EVERY SINGLE COUNTY IN THE STATE, RIGHT? SO THERE'S NO ONE THAT'S SAFE, LIKE EVERYONE IS LISTED.

SO IF YOU ARE LISTED IN ONE OF THOSE, WHICH EVERYONE IS, THEN YOU CANNOT PROPOSE OR ADOPT A MORATORIUM, SAME LANGUAGE, PROPOSE OR ADOPT MORE RESTRICTIVE OR BURDENSOME AMENDMENTS, OR PROPOSE OR ADOPT MORE BURDENSOME PROCEDURES CONCERNING REVIEWS OF DEVELOPMENT PERMITS, RETROACTIVE TO AUGUST 2024 UNTIL OCTOBER 1ST, 2027.

AND THAT IS WITHIN 100 MILES OR NOT THAT IS APPLICABLE NOW.

SO THOSE ARE THE TWO. I MEAN, THOSE ARE REALLY THE TWO THINGS CAUSING THE MOST CONCERN, I WOULD SAY, IN FLORIDA RIGHT NOW. AS I STARTED OFF WITH IT, I DO THINK THAT I'VE BEEN TRACKING THIS AND I HAVE GOOGLE ALERTS ON SB 180.

THERE'S A LOT OF NEWS ARTICLES COMING OUT. THERE'S A LOT OF POLITICIANS AND AND REPRESENTATIVES STATING, YOU KNOW, THEY'RE OPEN TO REPEAL IT OR THEY DIDN'T KNOW THE LANGUAGE WAS THERE. I DON'T REALLY KNOW WHAT'S GOING TO HAPPEN. BUT IF YOU THINK ABOUT IT FROM NAPLES POINT OF VIEW AND YOU PILE ON SB 250, YOU COULD ESSENTIALLY BE IN A POSITION WHERE FOR FIVE YEARS UNTIL OCTOBER 2027, DATING BACK TO SEPTEMBER 28TH OF 2022, YOU HAVE THIS BLANKET PREEMPTION ON WHAT YOU CAN AND CAN'T DO,

[06:55:06]

THINGS YOU'RE DOING, COMMUNITY PLANNING ACTS YOUR 2040 VISION.

YOU KNOW, IT'S. YEAH. SO WITH THAT, I'LL PAUSE.

THAT WAS REALLY THE UPDATE. I KNOW I HAD A LOT OF GOOD NEWS FOR YOU ALL, BUT HAPPY TO ANSWER ANY QUESTIONS AND.

YEAH. ANY QUESTIONS. COUNSEL. SO I'M JUST GOING TO MAKE THIS STATEMENT.

THE REASON I WROTE WHAT I WROTE TODAY IS BECAUSE OF THE ACCUMULATION OF EGREGIOUS TAKINGS. AND I APPRECIATE WHAT MR. YOUNG SAYS ABOUT, YOU KNOW, A RESPECT FOR BALANCE WHEN YOU HAVE AN ASK AND THEN YOU HAVE A GRIEVANCE. BUT OUR STATE HAS BASICALLY THE HOUSE AND SENATE HAS BEEN SELF FULFILLING.

THEIR ACTIONS ARE A DETRIMENT TO EVERY CITY, IF NOT THE WORST UPON OUR CITY.

I THINK THERE SHOULD BE A CALL TO ACTION TO OUR CITIZENS THAT THERE'S A CITIZENS ADVOCACY GROUP THAT DOESN'T STOP, DOESN'T STOP WITH ADVOCACY ABOUT THE TAKING OF HOME RULE.

WE KNOW HOW TO RUN OUR CITIES, AND THEY'RE TAKING IT FROM US.

SO I SAY MR. MCCONNELL, WHATEVER YOU CAN DO TO EDUCATE AND GIVE US OPTIONS AND PROTECTING US AND OUR RESIDENTS FROM THE NONSENSE.

AND I'LL JUST SAY IT AGAIN EGREGIOUS ACTIONS.

WE NEED TO STAND FIRM AND NOT LET THEM TAKE OVER.

IT IS. IT IS. THEY HAVE NO IDEA THE UNINTENDED CONSEQUENCES OF GROWING A STATE, HAVING LOCAL GOVERNMENTS BE WITHOUT AUTHORITY TO PROTECT THEMSELVES.

SO I. COUNCILMAN MAYOR, THERE HAS NEVER BEEN A LEGAL CHALLENGE EVER THERE.

THIS ONE IS I MEAN, WHAT? NO, THERE'S NEVER BEEN A NEVER BEEN A LEGAL CHALLENGE TO 1 TO 250.

YES. TO MY KNOWLEDGE, I THINK THERE WAS DIDN'T GO ANYWHERE.

AND THE PROBLEM IS THERE'S BEEN NO EVERY CASE THAT'S HAPPENED HAS EITHER SETTLED OR THEY'VE COME TO AN AGREEMENT.

THERE'S BEEN NO JUDICIAL TERMINATION ON LIKE WHAT THESE DEFINITIONS MEAN BURDENSOME AND RESTRICTIVE.

THERE'S NO JUDICIAL OVERSIGHT. THE STATE HASN'T DEFINED THEM.

SO EVERYONE'S JUST KIND OF LIKE, DO THE BEST YOU CAN WITH THE WORDS YOU HAVE, RIGHT? BUT THERE HASN'T BEEN ANY ACTUAL TWO RESOLUTION CASE THAT PEOPLE CAN SAY, OKAY, THERE'S ONE THAT WE CAN RELY ON FOR GUIDANCE.

BUT REMEMBER, SB 250 WAS SPECIFIC TO TEN COUNTIES.

180 IS STATEWIDE. SO I THINK IT'S CAUSING A LOT MORE CHAOS BECAUSE IF YOU WEREN'T ONE OF THOSE TEN COUNTIES, THEN YOU REALLY DIDN'T CARE. RESPECTFULLY, WE WERE ONE OF THEM, SO WE CARED.

BUT IF YOU WEREN'T ONE OF THEM, THEN YOU DIDN'T.

NOW, I DON'T CARE WHAT COUNTY YOU ARE, IT AFFECTS YOU, RIGHT? SO NOW ALL OF A SUDDEN, EVERYONE'S KIND OF LIKE NOW I GET WHAT YOU WERE TALKING ABOUT WITH SB 250, BECAUSE NOW IT'S APPLICABLE AT HOME. THANK YOU.

VICE MAYOR. YEAH. I'LL JUST SAY, YOU KNOW, I'LL HAVE SOMETHING MORE TO SAY WHEN THE TIME IS APPROPRIATE BEFORE WE ADJOURN THIS SESSION.

BUT THIS THIS IS A SURGE IN IT BY THE STATE IN AN ATTACK ON HOME RULE.

THEY'VE SEEN IT WORK IN SMALLER BITES. BUT THIS IS NOW THE TIME THAT A SURGE IS TAKING PLACE.

AND IT'S A POWER GRAB. AND TO THE MAYOR'S POINT, IT'S WORKING IN DETRIMENT TO OUR COMMUNITY.

THIS IF YOU START ON THE CAMPAIGN TRAIL AND YOU THINK ABOUT THE CONVERSATIONS THAT YOU HAD NO MORE, ARE YOU ABLE TO ASSURE THE PEOPLE WHO PUT YOU IN THESE CHAIRS THAT YOU CAN DO X, Y, OR Z FOR THEM? AND IT'S JUST ABOUT TO GET WORSE. HE'S TALKING ABOUT HE DIDN'T EVEN TALK ABOUT THE SENATE JOINT RESOLUTION AND SOME OTHER THINGS THAT ARE THAT ARE COMING AFTER YOUR PROPERTY TAXES TO LIMIT EVEN MORE THAT WHAT WE JUST DISCUSSED IN OUR BUDGET DISCUSSIONS.

SO LET'S GET WORSE. THANK YOU. SO THERE'S AN ASK OF YOU.

[07:00:05]

I THINK TO GARY'S POINT. WE WANTED TO CIRCLE BACK TO WHAT MONIQUE STARTED WITH, JUST TO MAKE SURE THAT THE LEGISLATIVE PRIORITIES ARE UPDATED AND ALIGNED.

AND THEN ONCE WE'RE DONE WITH THIS ITEM, THEN I WILL I DO HAVE A RESOLUTION THAT WE CAN DISCUSS.

AT THAT TIME, MAYOR, IF THAT'S OKAY. OKAY. MR. YUNG PARAPHRASED, I WOULD LIKE NOT TO ADD. SORRY.

THANK YOU SIR. I WOULD LIKE TO DO THE PROPERTY TAX ONE THAT MR. CHRISMAN AND MR. HUTCHERSON CONTINUE TO SPEAK ABOUT, I THINK COMMENTING ON SB 180, REGARDLESS OF WHAT YOU DO ON THE OTHER ITEMS, SHOULD BE AN ITEM IN THIS DOCUMENT THAT WE'RE TAKING CARE OF.

I DO THINK IN LIGHT OF TACTFULLY WRITTEN, BUT I THINK IT JUST CAUTIONING AND EXPRESSING WHAT OUR CRA DOES ON OUR BEHALF IS AN IMPORTANT ONE. GIVEN THE CONTEXT OF THE PAST LEGISLATIVE SESSION, I THINK IT'S MAKING SURE THE CRA AND DEFINING WHAT IT BENEFITS AND HOW WE UTILIZE IT.

I THINK A PARAGRAPH ON THAT WOULD BE BENEFICIAL AS FAR AS THE OTHER ITEMS THAT ARE AT THE BOTTOM OF THAT SECTION FROM LAST YEAR'S AGENDA.

I THINK, YOU KNOW, OBVIOUSLY STORMWATER MANAGEMENT, I THINK WOULD WOULD STAY I WOULD DEFER TO OTHERS IN THE PROPERTY INSURANCE AREA AS TO WHETHER THERE'S BEEN THAT HAS OCCURRED OR IT NEEDS TO BE REPEATED.

I, I'M NOT INDEPENDENTLY KNOWLEDGEABLE ABOUT THAT.

AND THEN THE, YOU KNOW, WE CAN ALWAYS ASK FOR INCREASED FUNDING ON THE AFFORDABLE HOUSING.

BUT WHAT IT SEEMS TO HAVE THAT HAS SEEMS TO BE JUST MORE WILL OPEN UP THE MARKETS.

TRY TO FORCE YOU. I WON'T SAY FORCE YOU, BUT PROVIDE INSTRUMENTS THAT YOU DON'T NECESSARILY HAVE CONTROL OVER THAT YOU HAVE TO ACQUIESCE TO TO ALLOW THE PRIVATE MARKET TO FLOURISH ON ITS OWN. SO I, I THINK THAT MAY BE A KIND OF A DEAF EARS ASK, FOR LACK OF A BETTER EXPRESSION. AND I CAN SAY THAT BECAUSE I HAVE BOTH MY HEARING AIDS IN, BUT SO SO I THINK THOSE WOULD BE IF I WAS GOING TO PICK FIVE.

THOSE WOULD BE THE ONES THAT I WOULD, I WOULD DO WHICH WOULD, YOU KNOW, AGAIN, TO REPEAT WOULD BE THE PROPERTY TAXES.

THIS BILL, 180 CRA STORMWATER MANAGEMENT. AND THEN AGAIN, I WOULD DO STORMWATER RECOVERY AND STORMWATER MANAGEMENT. BUT THE PROTECTING HOME RULE, JUST AS A GENERAL STATEMENT AGAIN, TO ME, I THINK IT'S RATHER THAN HAVE A SMORGASBORD, I WOULD EMPHASIZE THOSE ONES AND LET THE REST OF THE ACTIONS TAKE CARE OF THEMSELVES.

I AGREE WITH YOU AND ANY OTHER INPUT, MR. COUNCILMAN KRISTIN.

YES, I AGREE WITH THE PRIORITIZATION AND ON CRA.

I YOU KNOW, I THINK THE FACT THAT LEGISLATION WAS PROPOSED AND ON THE FLOOR TO THE LEGISLATURE TO ELIMINATE CRAS ALTOGETHER IN FLORIDA WOULD AND PHASE THEM OUT IS, YOU KNOW, REASON ENOUGH THAT SHOULD BE ADDRESSED DIRECTLY IN WHATEVER WE SAY THAT WE, YOU KNOW, NOT ONLY TALK ABOUT HOW IT'S BEEN OF BENEFIT WORKED WELL HERE IN NAPLES, BUT THAT, YOU KNOW, WE STRONGLY OPPOSE ANY EFFORT TO ELIMINATE CRAS IN THE STATE.

UNDERSTOOD. KRAMER, I'M JUST GONNA MAKE A COUPLE OBSERVATIONS REGARDING THE CRA.

AND THIS HAPPENS IN A LOT OF SPACES, BUT ESPECIALLY THIS HAPPENS IN EDUCATION.

WHERE THERE'S A SMALL CADRE THAT IS INEPT. AND BECAUSE THIS GROUP OVER HERE IS INEPT.

WE'RE GOING TO HAMMER EVERYBODY. YEAH. AND I, I HAVE A VISCERAL REACTION TO THAT THAT I'M GOING TO BE DISCIPLINED ABOUT RIGHT NOW.

THE OTHER THING THAT I FIND REALLY. IRONIC IS THAT WHAT THEY'RE IMPOSING WITH 180 WHERE NOTHING MORE CUMBERSOME.

AND IF YOU ADD TO THAT THIS NOTION OF NO PROPERTY TAXES.

YOU COMBINE THOSE TWO THINGS AND THEY ARE DOING EXACTLY TO US WHAT THEY DON'T WANT US TO DO TO THE PEOPLE, TO OUR CONSTITUENTS, LIKE THEIR. IT'S BEYOND BELIEF TO ME, BECAUSE IT COULDN'T BE MORE CUMBERSOME THAN WHAT THEY WOULD BE DOING TO US.

AND SO I'M WITH I STILL WANT TO SAY THERE'S A WAY OUT OF THE WEEDS AND THERE'S A WAY TO WORK TOGETHER.

AND I THINK WE HAVE TO HAVE WHAT I USED TO CALL HOT CONVERSATION, HONEST, OPEN AND TRANSPARENT CONVERSATION.

[07:05:07]

I'M GOING TO REACH OUT TO SOME OF OUR ELECTED FOLKS, AND I'M ALREADY SCHEDULED TO MEET WITH SOME OF THEM AND IN THE VERY NEAR FUTURE.

AND, AND I THINK WE NEED TO ASK THEM TO COME.

AND I'D LOVE TO HAVE A WORKSHOP WHERE THERE'S NO CAN WE HAVE WORKSHOPS? AND IF NOBODY COMES BUT US? IS THAT A THING, OR DO YOU HAVE TO? OKAY, HOW ABOUT THIS? WE HAVE WORKS OUT, BUT NO ONE CAN TALK WITH US.

THAT CAN HAPPEN. CAN THAT HAPPEN? YOU DON'T HAVE TO HAVE PUBLIC COMMENT ON IT. OKAY. THEN THAT THEN I WOULD VOTE FOR THAT IF WE EVER HAVE OUR ELECTED OFFICIALS HERE. NOBODY GETS TO TALK BUT US. AND THEN WE COULD LABEL A BUDGET AND NOBODY WILL COME.

EXACTLY, EXACTLY. BUT AGAIN, I THINK IT NEEDS TO BE A COLLABORATIVE EFFORT.

AND THE FOLKS THAT LIVE HERE WITH US, IN OUR IN OUR COMMUNITY, THAT'S JUST A GREAT PLACE TO START TO TRY TO MAKE SOME INROADS AND GET A SENSE OF, WHAT ARE Y'ALL THINKING? AND SO I'M GOING TO DO THAT.

THANK YOU. TOUCHED ON. THAT'S WHAT WE WANT. OKAY.

YES. AS A MATTER OF CURIOSITY, THE FLORIDA LEAGUE OF CITIES ADDRESSED THIS AT ALL.

OR DO THEY FIND THAT IT IS COUNTERPRODUCTIVE IF THEY DO? I'LL LET HIM. I'LL LET VICE MAYOR ADDRESS IT.

I'LL JUST SAY I, I WAS VERY I AM VERY DISAPPOINTED.

I HAVE BEEN INVOLVED IN THE FLORIDA CITIES CITY SINCE OH EIGHT.

YEAH. AND I DON'T SEE VERY MANY WINS. VERY DISAPPOINTING.

AND I REALLY I DON'T WANT TO SAY ANYMORE. OKAY.

THANK YOU FOR THE QUESTION. I'M JUST GOING TO GIVE YOU SOME INFORMATION. THIS IS AS RECENT AS OF TODAY, MAYBE AN HOUR OR SO AGO. BUT ATTENDING THE FLORIDA LEAGUE OF CITIES, IF YOU HAVE AN OPPORTUNITY TO DO THIS, I'VE HAD MY OPPORTUNITIES. NOW THAT RESPONSIBILITY IS GOING TO GO TO OTHERS ON THIS DAIS.

AND NOT EVERY WORKSHOP SESSION IS IS AS GOOD AS SOME OTHERS.

BUT I'M GOING TO PASS YOU SOME INFORMATION NOW.

SO I WANT TO TALK BRIEFLY ABOUT THE EFFORT TO REDUCE OUR PROPERTY TAXES, BECAUSE THAT'S PART OF THE DISCUSSION.

WE JUST HAD THE FIRST PASS BY THE SENATE THAT REDUCING OUR PROPERTY TAXES WAS SENATE JOINT RESOLUTION 1016.

THIS FAILED IN COMMITTEE. THERE'S CURRENTLY, AS OF TODAY, NO BILL LANGUAGE FILED.

DESIGNED TO PASS ITS FIRST COMMITTEE. FIRST. SUBSEQUENT COMMITTEE.

REMEMBER, THE FIRST ONE FAILED. OKAY, SO NOW THINGS HAVE GOT TO BE DEVELOPED IF THEY'RE GOING TO CONTINUE ON THIS PASS ON THIS PATHWAY.

THERE'S NOT ALSO BEEN AN APPROACH TO ACCOMPLISH THIS GOAL IN REDUCING OUR PROPERTY TAXES.

AND THAT GOAL HAS BEEN. THIS GOAL HAS NOT BEEN DECIDED AND COMMUNICATED TO RANK AND FILE LEGISLATORS.

SO THE LEADERSHIP IN BOTH THE HOUSE AND THE SENATE HAVE NOT COME TOGETHER ON THE VEHICLE TO REDUCE OUR PROPERTY TAXES. AND I'LL BE MORE EXPLICIT HERE IN JUST A SECOND.

THE LOWER PROPERTY TAX INITIATIVE STILL HAS LIFE.

AND TO BE CLEAR, WHO AS A TAX PAYING HOMEOWNER DOESN'T WANT LOWER PROPERTY TAXES? WHO I'M A I'M A LITTLE BIT CONSERVATIVE, BUT IF SOMEBODY GAVE ME AN OPPORTUNITY TO LOWER MY TAXES, I'M I'M I'M PRETTY JAZZED ABOUT THAT. BUT DO YOU WANT LOWER PROPERTY TAXES BY DEFUNDING YOUR POLICE AND FIRE DEPARTMENTS, NOT PROVIDING THE EQUIPMENT THEY NEED, REDUCING HEADCOUNT AND CUTTING PARK SERVICES AND MUCH MORE.

WE SHOULD EXPECT A PROPOSAL TO BE INTRODUCED IN LESS THAN 90 DAYS WITH THIS INTENT.

THE INTENT TO BE CLEAR, IS TO EXPAND ON HOMESTEAD EXEMPTIONS THAT WOULD MAKE THIS MID-NOVEMBER IN THE HOUSE.

AND THIS IS ACCORDING TO THE SPEAKER OF THE HOUSE MEMOS.

THE SENATE IS STILL NOT ORGANIZED AND IN A FACT FINDING MODE.

WE HAVE WE, OUR ELECTED OFFICIALS HERE AND THE PUBLIC, THE RESIDENTS OF THE CITY OF NAPLES, HAVE THE OPPORTUNITY TO INFLUENCE BOTH THE HOUSE AND SENATE.

NOW YOU HAVE THE OPPORTUNITY NOW. WE WILL ONLY HAVE 120 DAYS OR LESS

[07:10:01]

THINK ABOUT HOW THAT HAS BEEN A TOPIC OF DISCUSSION IN OUR COMMUNITY UP TO THIS POINT.

AND I SAID EARLIER, THIS IS A SURGE BY THE STATE LEGISLATURE IN ATTACKING HOME RULE.

I'LL HAVE AN ASK, BUT I'M GOING TO GO AHEAD AND LAY IT OUT BECAUSE IT'S TIMELY WITH WHAT I JUST SAID.

BUT MY ASK IS THAT THE CITY COUNCIL DIRECT OUR CITY MANAGER TO IDENTIFY THE PROPERTY TAX REVENUE GENERATED BY HOMESTEAD EXEMPTION AND USING A GRADUATED SCALE, BE ABLE TO INFORM COUNCIL, THEREFORE OUR COMMUNITY, AS TO HOW AN EXPANSION IN HOMESTEAD EXEMPTION WOULD NEGATIVELY IMPACT THE CITY BUDGET.

IN OTHER WORDS, STEFAN AND THOSE FOLKS HAVE THE NUMBERS WE KNOW THROUGH HOMESTEAD EXEMPTION AT A RATE OF X, HOW MUCH THAT'S CONTRIBUTING TO OUR BUDGET, AND IF THAT'S EXPANDED OR TRIPLED, HOW THAT WOULD NEGATIVELY IMPACT THE BUDGET.

AND SO WE CAN EFFECTIVELY COMMUNICATE WHAT THIS MEANS TO OUR COMMUNITY.

AGAIN, EXPECT IN MID-NOVEMBER DIRECTION COMING OUT OF THE SENATE AND THE HOUSE AS TO WHAT THEY WANT TO DO WITH AN EXPANSION OF HOMESTEAD OR ELIMINATING PROPERTY TAXES, BECAUSE THAT'S WHAT THE GOVERNOR WANTS TO DO AND HOW WE'RE GOING TO MESSAGE IT. AND I TALKED TO OUR CITY ATTORNEY PREVIOUSLY, JUST SO YOU KNOW, ONCE IT MAKES IT TO THE BALLOT, IF IT MAKES IT TO THE BALLOT, THERE ARE STATUTES PREVENTING US FROM SPEAKING OUT AGAINST A BALLOT INITIATIVE.

SO WE BETTER HAVE OUR DUCKS IN A ROW. ALL RIGHT.

THANK YOU. VICE MAYOR. DO YOU HAVE ANY SCALE TO.

WHAT WE'RE ASKING STEPHANIE TO DO IS TREAT. IS IT ANY INKLING OF WHAT THE WHAT THE SCALE WOULD BE ON ON THE HOMESTEAD EXEMPTION? LIKE, HOW FAR DO YOU GO WITH IT? MR. YOUNG? I'M GOING TO PASS THAT TO YOU. I THINK YOU UNDERSTAND, MY ASS.

YEAH. AND WE'LL HANDLE IT IN TWO PRONG ONE. I WANTED TO GET YOU THE QUICK SUMMARY OF WHAT WE.

I'M GOING TO MAKE THE FIRST ASSUMPTION TO DO AWAY WITH, BECAUSE THAT'S THE WORST CASE SCENARIO. I'LL GET YOU THAT BY MONDAY.

THEN WHAT WE'LL DO IS WE'LL MEASURE THE NUMBER OF HOMESTEADS, HIT HOMESTEAD EXEMPTIONS THAT WE HAVE, AND THEN GIVE YOU THREE COLUMNS IF THEY DID THIS.

IF THEY DID THIS, IT'S NOT THAT MUCH WORK ONCE YOU DOWNLOAD THOSE INTO THE ORIGINAL.

IT WON'T BE THAT MUCH. AND I'LL JUST GIVE YOU SCENARIOS.

SO IF IT STARTS TO BUBBLE UP THAT YOU KNOW THAT THEY'RE DOUBLING IT, YOU WOULD KNOW THAT IF THEY'RE TRIPLING IT, AS YOU SAID, I THINK WE CAN DO THAT IN A FEW COLUMNS.

I THINK THAT'S THE EASIEST WAY. NO, I DON'T THINK THAT ONCE WE GET THE ORIGINAL DATA FROM FROM THE COUNTY, I THINK WE CAN DO THAT IN RELATIVELY SHORT ORDER.

THANK YOU, MADAM MAYOR. OKAY. I HOPE THAT HELPS.

THANK YOU. AND I JUST WANT TO ADD, COUNCILMEMBER PENMAN, EVEN THOUGH I AM DISAPPOINTED, THAT ACTUALLY GIVES ME MORE STRENGTH TO FIGHT HARDER. AND I THINK WE'VE BECOME COMPLACENT.

THIS GROUP, THIS BODY IS A HISTORY HAS NOT HAD TO GO AND FIGHT OR GO UP AND AND BE ADVOCATES BECAUSE WE HAVE BEEN ABLE TO DO IT LOCALLY ONE ON ONE. BUT THIS IS NOT JUST OUR LOCAL, BUT IT'S A BROADER STROKE.

AND SO I WOULD SAY WE ALL NEED TO BECOME STRONGER ADVOCATES.

I WOULD ASK THAT MONIQUE FIND OUT DATES FROM LISA HURLEY, AND WE NEED TO GET UP TO TALLAHASSEE.

NOT ONLY DO WE NEED TO DO IT BY PHONE AND DO IT WHEN THEY'RE HERE, BUT GET UP TO ONE OF THOSE COMMITTEE MEETINGS AND SPEAK UP WITH WITH A UNIFIED VOICE ON EXACTLY WHAT YOU SAID. CRAMER. WHAT'D YOU CALL IT? SOMETHING TRANSPARENCY. HONEST, OPEN AND TRANSPARENT COMMUNICATION.

THAT'S EXACTLY WHAT WE NEED TO DO. AND IT'S NOT GOING TO HAPPEN THROUGH LETTERS.

AND, YOU KNOW, JUST ONE ON ONES. WE'VE GOT TO GET UP THERE AND WE HAVE TO GET IT, GET THE WORD OUT.

AND THAT'S WHY I THINK LETTING LISA HURLEY GIVE US DATES THAT WILL BENEFIT US AND NOT JUST TO TO GO, TO GO, BECAUSE I THINK WE HAVE TO FIGHT FOR OUR, FOR OUR HOME RULE.

SO EVEN THOUGH I'M DISAPPOINTED I'M NOT GOING TO GIVE UP.

THE LEAGUE OF CITIES IS STILL HAVE THEIR LEGISLATIVE WEEKS.

I CAN SEND OUT INFORMATION ABOUT WHEN THOSE DATES ARE.

[07:15:03]

AND WITH THAT, ANYTHING ELSE ON THIS ISSUE? I THINK WE HAVE ENOUGH DIRECTION AND WE'LL BEGIN WORKING ON IT.

YES. COUNCIL MEMBER KRISTEN TWO. JUST TWO COMMENTS.

ONE IF THERE WAS EVER A TIME FOR THE LEAGUE OF CITIES TO GET OFF ITS DUFF AND BEGIN TO BECOME MORE AND I REALIZED THAT, YOU KNOW, ANY LOBBYING, I MEAN, THEY'RE ESSENTIALLY A TRADE ASSOCIATION AND AND AND THEY'RE THERE THEY'RE THERE TO ENGAGE WITH LEGISLATORS YEAR IN AND YEAR OUT.

AND THEY ARE TRYING ALWAYS NOT TO BURN BRIDGES, BUT SOMETIMES, YOU KNOW, BECOMING MORE FORCEFUL IS REQUIRED.

AND GIVEN THIS SET OF ISSUES IN FRONT OF US NOW I CAN'T IMAGINE A TIME WHEN IT WOULD BE NEEDED MORE THAN NOW TO HAVE THAT KIND OF BEING. BECAME MUCH MORE AGGRESSIVE. THE SECOND THING IS, YOU KNOW, I AGREE 100, 150% WITH EVERYTHING YOU SAID, VICE MAYOR ON THE PROPERTY TAX REFORM AND WHAT WE NEED TO DO TO HAVE A NARRATIVE TO EXPLAIN TO PEOPLE, YOU KNOW, WHY DON'T I WANT MY TAXES LOWERED? THE SAME THING IS TRUE ON 180.

YEAH. YOU KNOW, YOU KNOW, PEOPLE DON'T. OUR CITIZENS DON'T HAVE ANY IDEA.

YOU KNOW, THERE'S PROBABLY ONE HALF OF 1% OF PEOPLE WHO LIVE IN NAPLES WHO EVEN KNOW WHAT IS GOING ON HERE WITH 250, 180, WHATEVER. AND YOU HAVE TO HAVE A NARRATIVE.

THAT'S BECAUSE, AGAIN, PEOPLE, IF THEY WANTED TO, COULD CAST THIS IN A DIFFERENT LINE, SAY, WELL, YOU KNOW, ALL WE'RE DOING IS REDUCING THE AMOUNT OF LAND USE REGULATION THAT'S GOING TO, YOU KNOW, YOU'RE GOING TO HAVE TO DEAL WITH AND OTHER KINDS OF IMPACTS.

SO WE NEED A NARRATIVE THAT EXPLAINS. WHAT HAS BEEN THE IMPACT OF TWO 5180 ON OUR COMMUNITY AND WHAT WE'RE TRYING TO DO TO MAKE THIS A BETTER COMMUNITY WITH A GOOD QUALITY OF LIFE.

AND WE DON'T HAVE THAT NARRATIVE RIGHT NOW, AND WE NEED TO HAVE IT.

SO IT'S ANOTHER TASK THAT WE NEED TO GET DONE SOMEHOW.

AND SO I JUST WANT TO MAKE THAT POINT. AND BY THE WAY, OUR FORMER CITY MANAGER, CHARLES CHAPMAN, IS ONE OF ONE OF THE LOBBYISTS FOR THE LEAGUE OF CITIES.

SO YOU KNOW HIM, REACH OUT TO HIM BECAUSE HE'S UP THERE FIGHTING FOR OUR HOME RULE.

SO HE'S JUST ONE OF MANY. SO WITH THAT, WE'LL CONCLUDE 13.

THANK YOU EVERYONE. WE'RE GOING. THANK YOU MONIQUE.

WE'RE GOING TO 13 G. THANK YOU. JUST FINAL COMMENT ON 13.

OH, SORRY. I JUST WANT TO MENTION IT AS WELL.

I SENT YOU ALL LATE LAST NIGHT A LETTER. SPEAKING OF THE NARRATIVE COUNCIL MEMBER CHRIS THERE.

NOT TO SAY THAT I WRITE GREAT, BUT THERE ARE SOME IDEAS IN THAT LETTER THAT WE COULD POTENTIALLY USE.

I HAD A LOT OF TIME TO KIND OF DELVE THROUGH SOME OF THE ISSUES WHEN IT COMES TO RESILIENCY AND THE NAPLES VISION.

AND SO THAT COULD BE A TOOL THAT WE USE. I COPIED THE CITY MANAGER TO I JUST WANT TO MAKE SURE MAKE SURE YOU ALL ARE AWARE OF THAT LETTER THAT WAS SENT LATE LAST NIGHT.

OKAY. 13 G. RESOLUTION OF THE CITY COUNCIL OF NAPLES, FLORIDA, AUTHORIZING PARTICIPATION IN A LAWSUIT SEEKING, AMONG OTHER THINGS, TO DECLARE THE SENATE BILLS 180 IMPOSITION OF A BLANKET STATEWIDE PROHIBITION ON THE EXERCISE OF HOME RULE AUTHORITY OVER LAND USE AND ZONING REGULATIONS IS UNCONSTITUTIONAL. SHOULD BE ENJOINED RETAINING WEISS, SIROTA, HUFFMAN COAL, AND BERMAN PL TO PROSECUTE THE LAWSUIT AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS PROVIDING FOR SCRIBNER'S HEIRS AND PROVIDING FOR AN EFFECTIVE DATE.

SO ESSENTIALLY, BASED ON THE CONVERSATION THAT WE JUST HAD THIS RESOLUTION, AND I'LL JUST TRY TO SUMMARIZE IT AS SHORT AS POSSIBLE. THIS LAW FIRM IS LEADING A STATEWIDE COALITION CHALLENGE, SB 180, AND HAS OFFERED TO REPRESENT THE CITY FOR 10,000 AT THE TRIAL LEVEL, 5000 AT THE DISTRICT APPEAL AND 5000 FOR FLORIDA SUPREME COURT.

AND IT'S SUBJECT TO THE PARTICIPATION BY AT LEAST TEN LOCAL GOVERNMENTS.

THE CITY'S PARTICIPATION WOULD BE TO SEEK DECLARATORY JUDGMENT AND OTHER RELIEF FROM PROVISIONS OF SENATE BILL 180.

SO I DID LATE LAST NIGHT. I HAD A FEW QUESTIONS ON HOW MANY JURISDICTIONS HAVE JOINED. I DID REACH OUT TO JAMIE COLE, WHO WOULD BE THE LEAD ATTORNEY FROM WHY SEROTA HANDLING THIS LITIGATION,

[07:20:04]

THAT WAS AT 851 THIS MORNING. SEVERAL MORE HAVE DISCUSSED IT.

US INCLUDED BEING TODAY, AND SEVERAL OTHER CITY COUNTY ATTORNEYS HAVE ADVISED THAT THEY ARE PUTTING IT ON AN AGENDA SOON.

SO THE RESOLUTION STATES THAT A MINIMUM OF TEN LOCAL GOVERNMENTS HAVE TO SIGN UP FOR THEM TO MOVE FORWARD.

THIS WAS A RESOLUTION THAT HE CIRCULATED AT THE END OF JULY THAT I BELIEVE I SENT YOU ALL THAT IT WAS IMPORTANT TO, AT LEAST SINCE WE WERE HAVING THIS LEGISLATIVE UPDATE. HAVE A DISCUSSION ON WHAT YOUR FEELINGS ARE.

RIGHT. TIME. NO. YES. JUST SO THAT WE CAN GET THE BALL ROLLING OR NOT.

AND I'M HAPPY TO ANSWER ANY QUESTIONS. I HAVE A QUESTION, MAYOR.

YES, KRAMER. AT THE VERY LEAST, WE'LL GET SOME SOME TERMS TO FIND, WOULD WE NOT? WELL, NO, I KNOW NO. I MEAN, MAYBE, MAYBE, MAYBE IN MAYBE IN LIKE A REWRITE, BUT WITH THIS LAW IS SAYING WITH THIS LAW IS SAYING IS IT'S A, IT'S CLAIMING A BUNCH OF UNCONSTITUTIONAL LIKE SINGLE SUBJECT RULE, YOU KNOW, VAGUENESS. SO IF THEY WIN, WHEN I SAY WHEN I HEAR VAGUENESS, I'M SAYING, WELL, THEN THEY'RE GONNA HAVE TO CLEAR.

BUT SEE, THE JUDGE WILL SAY YOU'RE ENJOINED, BUT THEN IF THE TALLAHASSEE WANTS IT, THEN YES.

SO THE CASE WON'T DO IT. BUT IF THE STATE WANTS TO AND I MEAN, WHO KNOWS THIS NEW SESSION, THEY MAY CREATE DEFINITIONS OR TAKE IT OUT COMPLETELY.

BUT IT'S NOT LIKE YOU'RE SUED OVER IT AND YOU HAVE A JUDGE DECLARING OR DEFINING WHAT THESE WORDS MEAN.

NO. YOU KNOW, BUT IF IT WERE TO MOVE FORWARD AND THEY DID, AND WE GOT INTO IT, THEY PUSHED BACK, THEY WOULD HAVE TO EVENTUALLY DO SOMETHING, ESPECIALLY IF THEY LOST.

RIGHT? CORRECT. WELL, I AM ALL FOR THIS. I DON'T CARE IF WE'RE THE ONLY ONES.

QUITE HONESTLY. AND AS MUCH AS I WANT TO HAVE A COLLABORATIVE EFFORT WITH ALL OF OUR REPRESENTATIVES.

I ALSO KNOW. WE HAVE TO HAVE AT LEAST THE TERMS DEFINED.

THAT'S ALL I'M SAYING. SO IF THIS WILL HELP KICK THAT CAN DOWN THE ROAD.

AND IT'S PRETTY CHEAP REALLY. WE'RE NOT TALKING ABOUT IF IT WAS 100 GRAND, I MIGHT HAVE SOME PAUSE.

BUT FOR TEN GRAND, BERNE SPENDS MORE THAN THAT AT LUNCH.

OKAY, WELL HAPPY HOUR. I HAVE VICE MAYOR AND THEN PETRINO.

YOU KNOW, I WE HAVE SOMEBODY ON THIS DAIS WHO USED TO BE A COACH, AND I USED TO BE A PLAYER.

AND IF I JUMPED OFFSIDES, THERE WAS A PENALTY FOR THAT.

IF I ROUGHED THE QUARTERBACK AND I DID THAT OFTEN.

I KNEW I KNEW WHAT THE PENALTY WAS, AND I JUST THINK THAT WE GOT TO UNDERSTAND WHAT THE RULES ARE, AND I'M TO BE CUT IT SHORT. I'M VERY SUPPORTIVE OF THIS, SO THANK YOU.

THANK YOU. PETRINA. I AM ALL FOR IT. I THINK WE TRIED TO ASK FOR CLARIFICATION ABOUT A YEAR AGO OR SO ON SB 250, AND WE GOT NOTHING. SO I THINK WE NEED TO TAKE IT TO THE NEXT STEP TO GET TO GET WHAT WE WANT AND DELIVER FOR OUR RESIDENTS. SO I'M 100% FOR IT, AND IT IS REALLY INEXPENSIVE TO DO THIS.

AND I THINK THAT WE OUGHT TO REACH OUT TO OTHER CITIES AND HAVE THEM JOIN AND ENCOURAGE AS MANY PEOPLE TO JOIN, INCLUDING COLLIER COUNTY, WHO WAS WHO I WAS IN A MEETING WITH, AND THEY WERE COMPLAINING ABOUT THE SAME THING.

THEY WERE THE PLANNING DEPARTMENT WAS. YEAH. OKAY.

OKAY. ANYONE ELSE? CRISPIN. THE FIRST OF ALL.

JUST FOR CLARIFICATION, THE COST IS 20 GRAND, IS IT NOT? IF I'M READING THIS. WELL, IT'S. IT DEPENDS ON HOW FAR THEY TAKE IT.

SO IT'S 10,000. OH. 5000. IF THERE'S AN APPEAL, THEN IF THEY'RE APPEALING, THEN IF THEY GO TO SUPREME COURT, ANOTHER 5000. BUT IT'S A FLAT RATE. IT'S A FLAT RATE.

OKAY. AS LONG AS THERE'S TEN, AT LEAST TEN INVOLVED.

CORRECT. YEAH. AND THE LAWSUIT. WHO ARE WE SUING? JUST A SIMPLE, YOU KNOW, PROBABLY. IS THAT AN IMPORTANT QUESTION? IT WOULD BE THE STATE. WELL, THE REASON I ASK THIS IS WHEN 250 WAS NIGHT, WE AROSE.

WHAT WE LEARNED WAS, AND, YOU KNOW, THIS IS A NON-LAWYER SAYING SAYING THIS YOU CAN'T SUE THE STATE.

YOU CAN'T SUE THE STATE. YOU CAN SUE AN AGENCY OF THE STATE.

IF YOU CAN'T SUE THE STATE, THOUGH, THAT'S WHAT WE WERE TOLD.

AND SO MY QUESTION IS IN THIS CASE, THAT WAS WITH 250 AND WAS, YOU KNOW, SO THE QUESTION BECAME EVEN IF WE WANTED TO

[07:25:05]

SO I WILL SAY IT'S A IT'S WHAT'S CALLED A DECK ACTION.

SO YOU'RE GETTING THE COURT TO DECLARE SOMETHING.

SO I DON'T KNOW. YOU'RE NOT NECESSARILY SUING SOMEONE.

IT'S NOT LIKE I TRIPPED ON YOUR SIDEWALK. I'M SUING YOU FOR INJURIES.

BUT YOU HAVE TO SERVE SOMEONE. I DON'T KNOW WHO THAT SOMEONE IS.

THAT'S A PRETTY IMPORTANT QUESTION. YEAH. YES.

AND ALSO TO THAT POINT IS HOW HOW MUCH TRUST AND FAITH DO WE HAVE THAT THEY ARE FIGHTING THE GOOD FIGHT. I DON'T KNOW.

YOU KNOW WHAT I MEAN? DO WE HAVE FAITH AND TRUST? YOU KNOW THAT THIS IS THE SAME FIRM THAT DID THE SAME THING FOR FORM SIX, AND THEY DID GET IT ENJOINED BECAUSE NONE OF YOU HAVE HAD TO FILE ONE.

SO, I MEAN, THAT'S THE ONLY THING. I MEAN, IT'S THE SAME ATTORNEY, SAME FIRM.

THEY DID THIS WHOLE RESOLUTION THING BEFORE. YEAH. I DON'T KNOW. I DIDN'T DO MY RESEARCH ON THEM.

I'M JUST ASKING. THAT'S IMPORTANT TO KNOW WHO WE'RE SUING AND.

AND THE TRUST WILL HAVE. AND I GUESS WHAT I'M REALLY SAYING IS, IS THAT, YOU KNOW, BEFORE.

THEY'RE THERE. YOU KNOW, A COUPLE OF BASIC THINGS THAT I WOULD THINK WE WOULD WANT TO SEE.

AND MORE IMPORTANTLY, MR. MCCONNELL WOULD WANT TO SEE IS WHAT'S THE LAWSUIT SAY? WHO ARE WE SUING? I KNOW WE HAVE A RESOLUTION THAT DESCRIBES, YOU KNOW, BUT YOU KNOW WHAT? I'LL CALL IT A CALL IT A, YOU KNOW, WHATEVER THE LEGAL DOCUMENT IS, THAT'S BEING.

THAT WILL BE, YOU KNOW. WHO'S IT? YOU KNOW AND AS, AS.

AS ELECTED REPRESENTATIVES OF THE CITY, IT WOULD BE IMPORTANT FOR US TO BE ABLE TO KNOW THAT.

AND IF SOMEBODY ASKS US, YOU KNOW, WHAT IS THIS EXACTLY? WHAT'S THE LEGAL ACTION? WHO'S WHO ARE YOU? WHO ARE YOU? PROPOSING THIS ACTION AGAINST. AND SO AND THERE MAY BE OTHER QUESTIONS LIKE THAT RELATED TO IT, BUT THOSE SEEM PRETTY IMPORTANT FOR US AND BASIC FOR US TO HAVE ANSWERS TO.

SO I GUESS WHAT I'M SUGGESTING IS THAT WE HAVE HAVE THIS MORE COMPLETE SET OF INFORMATION AND AT A TIME WHEN WE WOULD APPROVE THIS RESOLUTION OR TAKE FORMAL ACTION TO MOVE FORWARD, BECAUSE IT SHOULD BE PART AND PART OF PART AND PARCEL OF WHATEVER ACTION WE TAKE. I'M NOT DISAGREEING WITH THE DESIRE TO TO MOVE FORWARD AND TO TAKE ACTION, BUT IT SEEMS TO ME SOME OF THESE BASICS OF NOT BEEN PROVIDED TO US.

AND AS FAR AS TIMING OF THAT, BECAUSE I WOULD AGREE THOSE DETAILS MATTER.

AND THE ACTION THAT WE WOULD BE ABLE TO TAKE ON IF WE DON'T APPROVE THIS RESOLUTION NOW.

YOU KNOW, WHEN'S THE I MEAN, THE BANDWAGON STARTED? WELL, YOU NEED THEY NEED TEN TO START. THEY ONLY HAVE SIX, MAYBE MORE THIS WEEK OR NEXT WEEK.

I CAN CONTINUE TO HAVE CONVERSATIONS WITH HIM, BUT ONE THING ABOUT SEEING COMPLAINTS AND SEEING DETAILS AND I MEAN, I GUESS WHAT AGENCIES WERE GOING TO SERVE, YOU KNOW, ALTHOUGH WE'RE TALKING ABOUT THIS PUBLICLY, I WANT TO REMIND YOU THAT THIS IS LITIGATION.

RIGHT. AND IF I WAS GETTING READY TO SUE SOMEONE, I WOULDN'T TALK ABOUT IT IN PUBLIC.

WE CAN'T HAVE AN EXECUTIVE SESSION. SO THERE'S PROBABLY LIMITED INFORMATION THAT JAMIE COLE WILL TELL ME BECAUSE OF LEGAL STRATEGY.

BUT I CAN TRY TO GET YOU AS MUCH INFORMATION AS POSSIBLE.

BUT REVIEWING THE COMPLAINT WILL PROBABLY NOT HAPPEN.

AND THERE MAY BE A METHOD BEHIND HIS MADNESS OF WHO HE WANTS TO SUE AND WHAT AGENCY TO GET INVOLVED.

SO BUT I HAVE NO PROBLEM ASKING. NONE AT ALL.

WELL, AT THE VERY LEAST HAVING THAT CONVERSATION AND I DON'T KNOW IF HE WOULD SHARE IT WITH YOU, BUT. THROUGH THROUGH A PLEDGE OF CONFIDENTIALITY.

IN OTHER WORDS, IT WOULD IT WOULD MEAN A LOT TO ME IF YOU COULD COME BACK AND SAY, I'VE HAD THIS CONVERSATION.

AND YOU KNOW, I'M, I'M, I'M COMFORTABLE AND SUPPORTIVE OF THE STRATEGY AND DIRECTION THAT'S BEING PURSUED HERE.

AT LEAST THAT WOULD MEAN A LOT, I THINK. ABSOLUTELY.

[07:30:03]

I THINK IT'S REASONABLE THAT WE WOULD BE ABLE TO ONCE WE'RE IN LITIGATION, THEN I CAN CALL ONE.

BUT NOTHING'S BEEN FILED YET. TRUST ME, I GET REQUESTS ALL THE TIME TO HAVE EXECUTIVE SESSIONS ON FROM PEOPLE THAT WERE NOT IN LAWSUITS WITH.

AND THE STATUTE'S VERY CLEAR WE HAVE TO BE A NAMED PARTY.

SO IN AN ADMINISTRATIVE ACTION OR A AN ACTION WITH THE COURT.

ABSOLUTELY. WHICH WE WOULD BE IN THIS SITUATION IF WE JOINED.

OKAY. AND I WANTED TO ADD ONE FRIENDLY ADDENDUM ON WHY WE MIGHT WANT TO DO THIS IS BECAUSE ONE OF MY FEARS ON THIS IS THAT IT'S GOING TO GET PARSED OUT. AND THEY WILL. AND IN ORDER TO GET THIS THING RAMMED THROUGH, THEY WILL SELECT CERTAIN COUNTIES THAT THIS WILL APPLY TO, JUST LIKE THEY DID 250. AND WE WOULD BE A NATURAL ONE TO FOR IT TO PROBABLY BE APPLIED TO AND SO I THINK THAT IT'S, IT'S GOOD TO JOIN IN A GROUP SO THAT YOU'RE, YOU KNOW, WE CANNOT BE SEPARATED OR HOPEFULLY WE CAN'T BE SEPARATED.

WELL, I, I AGREE WITH THAT. I WOULD JUST SAY AGAIN, YOU KNOW, WE'RE IT SOUNDS LIKE WE'RE GOING DOWN THIS ROAD, YOU KNOW, THERE, THERE. I THINK WE HAVE TO GO DOWN I EYES WIDE OPEN AS TO WHAT THE I WANT TO SAY UNINTENDED, BUT CONSEQUENCES OF THIS MIGHT WOULD BE.

I MEAN, WE CAN, WE CAN. IT'S IT'S ALL WELL AND GOOD TO SAY LET'S GO.

THAT'S WE'RE GOING TO DO THIS, BUT WE ALSO WANT TO HAVE THIS COLLABORATIVE CONVERSATION OVER HERE THAT THAT MAY NOT BE POSSIBLE.

AND AND WE DON'T KNOW, AND, BUT AND WE DON'T KNOW WHAT WHAT THE REACTION WILL BE AMONG VARIOUS PARTIES ASSOCIATED, ASSOCIATED WITH STATE GOVERNMENT.

BUT IT JUST, YOU KNOW, IT NEEDS TO BE SAID THAT THAT, THAT THERE COULD BE THOSE KINDS OF REACTIONS THAT WE'LL HAVE TO DEAL WITH IF THEY OCCUR.

YEAH. SO IF WE APPROVE THIS RESOLUTION, AND ONE ON ONE, WE'RE INFORMED BY OUR ATTORNEY FOR THE EXACT THOUGHTFULNESS THAT YOU'VE REQUESTED. THEN WHAT IF WE ALL COME BACK TOGETHER AND SAY, THIS IS NOT SOMETHING WE WANT TO MOVE FORWARD WITH? THAT WOULD BE MY CONCERN. I MEAN, I THINK WE SHOULD GO.

BUT I DO BELIEVE SOME OF THE DETAILS MATTER. MADAM MAYOR.

YES, VICE MAYOR. AND HERE'S THE OTHER THING. IF WE END UP SUING THE FLORIDA LEGISLATURE AND A BUNCH OF LAWYERS GETTING INVOLVED AND TRYING TO FIGURE OUT THIS LAWSUIT, WE'RE NOT GOING TO GET ANYTHING DONE IN TALLAHASSEE.

WELL, IT'S ATTORNEYS AGAINST ATTORNEYS, RIGHT? THANK YOU. MAYOR. TO YOUR POINT, I THINK IF I REMEMBER CORRECTLY, THERE'S LANGUAGE IN THE RESOLUTION THAT SAYS PAYMENT IS DUE WITHIN TEN DAYS OF THE EFFECTIVE DATE. SO I WOULD NOT LOOK TO YOUR POINT OF LIKE PASSING THIS AND HAVING ANOTHER DISCUSSION.

I MEAN, I THINK THERE'S LANGUAGE IN HERE, I MEAN, WHICH WE COULD STRIKE, BUT I WOULD ALMOST PREFER TO MAYBE CONTINUE THIS TO 9.3 TO A DATE CERTAIN IN ITS FORM. HAVE ANOTHER DISCUSSION, THEN GIVE ME TEN DAYS OR SO TO WORK WITH JAMIE COLE AND ANSWER SOME QUESTIONS.

HAVE INDIVIDUAL CONVERSATIONS WITH YOU. AND THEN JUST TALK ABOUT IT THEN.

ARE WE DO WE DO WE THINK WE DON'T HAVE ENOUGH TO A CONSENSUS BECAUSE THIS ISN'T A VOTE.

THIS IS THIS IS A VOTE. THIS IS THIS IS A VOTE.

IT'S A RESOLUTION. THIS IS A RESOLUTION. THIS IS A VOTE. I KNOW I NEED THIS AS WELL.

PERSONALLY, I'M READY TO ACT. I'M I'M ON BOARD.

SO I THINK WE SHOULD CONTINUE IT UNTIL WE I WANT TO DO WANT TO HEAR THAT FROM I WANT TO HEAR MATTHEW TELL ME THAT HE'S CONFIDENT AND COMFORTABLE WITH THIS. I'D I'D FEEL MORE COMFORTABLE WITH THAT APPROACH AS WELL, I THINK.

AS YOU JUST MENTIONED, FACTS MATTER. THESE THIS INFORMATION IS IMPORTANT.

EVEN IF WE DON'T ACTUALLY GET THE INFORMATION, BUT YOU GET THE INFORMATION AND THEN YOU CAN CONVEY TO US WHETHER YOU THINK IT IS OR IS NOT A GOOD IDEA. I THINK THAT'S THAT'S IMPORTANT TO GET THAT OPINION FROM OUR FROM OUR CITY ATTORNEY BEFORE WE MAKE A DECISION.

BUT WITH THAT SAID, I AM ALSO LEANING TOWARDS DOING THIS.

BUT I DO VALUE HIS OPINION AND I WOULD I WOULD LIKE TO HAVE IT BEFORE I MADE THE DECISION.

[07:35:02]

HOW MANY MEMBERS ARE THERE IN THAT PARTICULAR ORGANIZATION? 400. 400 OR SO. 411. OKAY. I DON'T UNDERSTAND WHY WE.

WHY THEY'RE NOT. WELL, JUST LOOK AT US. I MEAN, ARE WE ACTIVE? ARE WE ACTIVE? ARE WE UP THERE? PUSHING THEM? ARE WE? I MEAN, WE PAY OUR DUES. WE HAVE A. EVEN THOUGH YOU'RE NOT GOING TO THE MEETINGS, YOU HAVE A RIGHT TO TO GET INVOLVED IN THOSE POLICY COMMITTEES AND, AND REACH OUT TO THEIR LOBBYISTS AND SAY, LOOK, YOU'RE REPRESENTING US.

WE PAY OUR DUES. WHAT ARE YOU DOING FOR US? AND MAYBE IT'S SOMETHING THAT WE DO.

WRITE A LETTER TO THE LEAGUE OF CITIES AND SAY, FIGHT HARDER.

WELL, I WAS GOING TO WANT RESULTS. I WAS GOING TO SUGGEST THAT.

OH, GOOD. AND PERHAPS, YOU KNOW, A LITTLE SIDEBAR LETTER TO MR. CHAPMAN. IF HE'S REPRESENTING THE LEAGUE OF CITIES AT THE LEGISLATURE, YOU KNOW, HE MIGHT STILL FEEL FRIENDLY ENOUGH FOR US TO LET US KNOW WHAT THEY HAVE IN MIND OR DON'T HAVE IN MIND, BUT NOT I DON'T WANT TO GET DOWN THE I WANT TO ANSWER THIS QUESTION, BUT YES, I DO. I APPRECIATE THAT. AND MADAM MAYOR, IF IF THIS IS THE DIRECTION THE COUNCIL IS GOING TO GO ON THIS THE OTHER ASK IS TO ASK.

OUR CITY ATTORNEY AS HE ENGAGES THE FIRM OF WHY SIROTA, HOFFMANN KOHL IS ALSO TO DISCUSS TIMING.

IN OTHER WORDS, OTHER CITIES ARE BRINGING THIS FORWARD ON AGENDAS.

PERHAPS OUR ACTION WILL HAVE AN INFLUENCE ON OTHERS.

RIGHT? THAT'S WHY. RIGHT. SO LET'S JUST PLEASE MAKE SURE WE UNDERSTAND THE TIMING.

IF THERE IS A TIMING INVOLVED IN BRINGING THIS ACTION.

OKAY. THANK YOU. I WANT TO GO BACK TO SOMETHING I AGREE WITH.

I AGREE WITH EVERYTHING PEOPLE ARE SAYING. BUT SOMETHING OF THE VICE MAYOR SAID A MOMENT AGO AND IN A DIFFERENT CONTEXT WHERE HE SAID, WE'RE SUING THE LEGISLATURE POTENTIALLY THAT GETS TO MY POINT ABOUT GETTING MORE FACTS.

YOU. I'M NOT POINTING AT YOU, TERRY, BUT ANYBODY SAYS WE'RE SUING THE LEGISLATURE.

BOY, THAT'S THAT'S QUITE A STATEMENT, AND I'M NOT SURE IT'S EVEN ACCURATE FOR ME.

YEAH, BECAUSE. BECAUSE I DON'T THINK WE CAN. I DON'T THINK WE CAN LEGALLY.

SO, YOU KNOW, EVEN SO, THAT'S WHY IT'S SO IMPORTANT TO UNDERSTAND WHAT WHAT IS THE NATURE OF THIS COMPLAINT.

I'LL USE THAT WORD. AND WHO IS IT BEING DIRECTED AT? AND, AND SO THAT WE CAN BE, WE CAN KNOW THAT TO THE DEGREE IT'S POSSIBLE WHEN WE TAKE ACTION ON THIS RESOLUTION.

AND ALSO WE'RE GOING TO HAVE TO EXPLAIN IT TO PEOPLE, INCLUDING OUR RESIDENTS, AND WE WANT TO BE ABLE TO USE THE APPROPRIATE AND ACCURATE LANGUAGE. AND THAT'S REALLY IMPORTANT BECAUSE IT'S YOU KNOW, THIS IS THIS, YOU KNOW, HAS HAS ALL KINDS OF RISKS OF DEVELOPING CONFRONTATIONAL ASPECTS TO IT.